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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102131
Experience:  Years of experience in running a medium sized law firm.
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When I got a divorce my ex spouse received part of my

Customer Question

When I got a divorce my ex spouse received part of my pension from the local pipe-fitter I worked out of. She has recently passed away and my question is-does her part of the pension she was receiving now come back to me on my monthly check?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ely replied 10 months ago.

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Please tell me - what kind of pension is this? A 401k, or, IRA, or, something else?

Customer: replied 10 months ago.
When I joined the AFL CIO there was no pension plan in place. One was created soon after. Which meant part of my check went into this plan. So when I retired, I started receiving the monies I had invested throughout the time of employment.
Expert:  Ely replied 10 months ago.

Thank you.

If the qualified domestic relations order (QDRO) has not been filed, then, her share of the money reverts back to you, unless her estate scrambles and quickly submits a nunc pro tunc QDRO after her passing, in which case the money is paid out to her estate.

If the QDRO has been filed, then, her share of the money is sent to the designated beneficiary she designated.

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Customer: replied 10 months ago.
Found Qdro and what is marked is Lifetime of Participant's QDRO Spouse. What does that mean.
Expert:  Ely replied 10 months ago.

That is something a bit different. This goes to Minimum Required Distributions and when they should begin, and discusses the formula as to how to calculate them.

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