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WIDOWED. WE MARRIED AFTER HE RETIRED BUT HE RETIRED EARLY…

Customer Question
I AM RECENTLY WIDOWED...

I AM RECENTLY WIDOWED. WE MARRIED AFTER HE RETIRED BUT HE RETIRED EARLY DUE TO DISABILITY. HE HAD PAID INTO THE PENSION FUND FOR HIS WIFE TO GET HALF OF HIS PENSION IF HE PASSED AWAY. WHEN HE DIVORCED HIS WIFE HE RETAINED ALL RIGHTS TO HIS PENSION FUND. WHEN WE MARRIED HE ASSIGNED ME AS HIS BENEFICIARY. NOW THE COMPANY IS SAYING I AM NOT ELIGIBLE TO RECEIVE HALF HIS PENSION BECAUSE WE WERE NOT MARRIED A YEAR PRIOR TO HIS RETIREMENT. HE WAS HIRED IN 1965-66 WORKED 32 YEARS FOR THE SAME COMPANY, PAYING IN A CONSIDERABLE AMOUNT. HE RETIRED ON DECEMBER 31, 1998, HE WAS 58 YEARS OLD. WHEN MEDICARE CAME IN PEOPLE HIRED BEFORE A CERTAIN DATE WERE EXEMPT FROM PAYING MEDICARE. WHAT ABOUT ERISA, WAS THERE A GRANDFATHERING OF CERTAIN EMPLOYEES.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

NO JUST A WOMAN ON THE PHONE WHO SAID I WAS NOT ELIGIBLE BECAUSE OF ERISA, NEVER RECEIVED ANYTHING IN WRITING THAT SAID THAT, I DID SUBMIT TO THEM THE PAPER I HAD DESIGNATING ME AS 100% BENEFICIARY WHICH THEY PROVIDED TO ME BACK IN JUNE OF 2001.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

HE DID BELONG TO A UNION

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

HE HAD WORKED FOR 32 YEARS SO HE WAS ELIGIBLE TO RETIRE FROM THE COMPANY WITHOUT CITING DISABILITY BUT HE ALSO RECEIVED SS DISABILITY RIGHT AWAY.

Submitted: 8 months ago.Category: Employment Law
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11/9/2017
Employment Lawyer: Infolawyer, Lawyer replied 8 months ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 63,024
Experience: Licensed attorney helping employers and employees.
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Customer reply replied 8 months ago
The company has said that I am not eligible to receive the benefits that he paid into because of the Erisa law. So why did they not say this 16 years ago when he submitted our marriage license, his divorce decree and they sent the form designating me as beneficiary. Do I have any recourse?
Employment Lawyer: Infolawyer, Lawyer replied 8 months ago
On review of your facts, you have a good case. Have a lawyer send a demand letter. By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement! martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Employment Lawyer: Infolawyer, Lawyer replied 8 months ago
Awaiting your reply, thank you!
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