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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56500
Experience:  Licensed attorney helping employers and employees.
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My husband is a retired Illinois judge. When he and his 1st

Customer Question

My husband is a retired Illinois judge. When he and his 1st wife divorced, she gave up rights to his pension in exchange for the house and cash. He received a refund from the pension system when she was no longer considered a beneficiary. Fast forward, we are now married and when he called to find out what to do to get my name on things, they told him I would not be eligible for any pension in the event of his death unless we paid back the lump sum which is long gone. True?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Infolawyer replied 11 months ago.

Hello

Customer: replied 11 months ago.
Hello
Expert:  Infolawyer replied 11 months ago.

First, he is entitled to add you as a beneficiary. The point about repayment depends on whether there has been an open pension loan - which happens. If so, his vested interest is reduced by that loan, and he would need to repay. Can also collect on policy to the extent of available funds.

Expert:  Infolawyer replied 11 months ago.

Let me know if that is clear, and if I can explain anything else just ask me.

Customer: replied 11 months ago.
It is not clear. If he dies before me, am I eligible to get a portion of his pension.
Customer: replied 11 months ago.
I would ask him but don't want to look like I'm a gold digger or something. But I want to be protected
Customer: replied 11 months ago.
Hello?
Expert:  Infolawyer replied 11 months ago.

You are entitled to full pension to the extent in the account.

Expert:  Infolawyer replied 11 months ago.

You are entitled to it whether named beneficiary or not, but best to be formally added on it, or otherwise provided in will.

Expert:  Infolawyer replied 11 months ago.

Is that clearer?

Customer: replied 11 months ago.
Meaning He does not have to pay back the refund from his divorce? I'm starting to worry that he is lying to me
Expert:  Infolawyer replied 11 months ago.

From what you mentioned, the pension was not included and therefore not subject to divorce or any obligation. Therefore would be payable as he indicates.

Expert:  Infolawyer replied 11 months ago.

I wish you the best.

Expert:  Infolawyer replied 11 months ago.

Kindly rate me 5 stars, and if I can explain anything else, just ask me.