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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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My husband passed away in October. He was an employee of the

Customer Question

My husband passed away in October. He was an employee of the Lawrence Berkeley Lab at the U of CA in Berkeley. He retired in 1993 after 26 years of employment. He had been receiving his pension up to the time of his death. I was told that I would be receiving his pension and to keep the account in my name where the monthly pension had been deposited. This was told to me when I called CalPERS . About 5 days later I received a letter from them saying I was ineligible for the pension because I was not his wife at the time of his retirement in 1993. His wife at that time, Martha, died in 2001. This option was chosen by him when he signed the pension form in 1993. We were married in 2006. I consider this an unfair act under labor laws. U of CA is taking away a benefit he earned. He would be horrified that I am not receiving anything . Spouses die, people remarry as he did. The only response I get after many calls is "that's what he chose". University must make lots of money off this policy. Is there any way I can fight this? Nancy Armstrong
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Did his prior wife have any heirs?