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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118175
Experience:  20+ Years of Employment Law Experience
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My wife died in 2002 in Alaska worked in Hawaii for the

Customer Question

My wife died in 2002 in Alaska worked in Hawaii for the federal government. I am wondering was I entitled to her retirement? I didn't get anything. Am I too late to check this out?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I am in florida
JA: Has anything been filed or reported?
Customer: Don't know I got all the records from the government. I see my daughter was the beneficiary but I was her husband.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Whether or not you are entitled to her pension would be dependent upon whether or not she filed for a spousal beneficiary when she retired. If she did not file for a spousal beneficiary and take a reduced pension when she retired then you would not be entitled. Is she made your daughter beneficiary and not you even though you were her spouse, then I am afraid that your daughter gets the pension and it is not possible to change the beneficiary status once it is filed and the person retires. Also, any actions against a pension have a 5 year statute of limitations, so you had only 5 years from 2002 to challenge this beneficiary selection if you wanted to.
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