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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118689
Experience:  20+ Years of Employment Law Experience
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I was a union painter for 28 years. I am now retired. And

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Hi I was a union painter for 28 years. I am now retired. And when I retired I filled out but the paperwork to receive 75% of my pension now and for my wife to receive 25% after I died. As usual, I am now going through a divorce and I would like to switch my 75% – 25% to 100% for me now and the union says I can't since I already filled out the paperwork. Is there anyway that could be overturned?
JA: Have you documented this or discussed it with HR?
Customer: I called them and explained the same thing to them about wanted to switch it and they just said it was too late because I already checked the box in the paperwork that was 75% – 25%. And I was wondering if how binding maybe it is, or is it possible to be overturned.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I'm sorry I don't know what you mean
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I think that's it. Thank you
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, you can substitute the beneficiary, but under IRS and ERISA rules, once you take the selection to leave a share of your pension to a spouse, that election cannot be changed. The only way to change it is to substitute beneficiary I am afraid.
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