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My late husband who passed away in January 2013 before he…

My late husband who...

My late husband who passed away in January 2013 before he retired was a reporter for the Indy Star. After he passed away I only received his Social Security. I was talking with my cousin today and she said I should have received his pension after he passed. I was told my husband that the Star does not pay the pension to the spouse after he would pass away. Is this true or have I been operating under the wrong assumption all this time?

Lawyer's Assistant: Have you documented this or discussed it with HR?

Discussed it with who?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

His employment was full time not union nor part time.

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

Not that I can think of at the moment. Is there a charge for this?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Employment Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

I understand the deposit but I am concerned about the cost of the rest right now.

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Answered in 3 minutes by:
2/14/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,636
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, the answer to your question here is not universal. By that, I mean that it depends entirely on the pension that he had, how it was contracted out and paid for, etc. Some pensions have a beneficiary option built in, and you can leave your pension to a next of kin. Some pensions only have that option if you buy into the beneficiary/survivor plan and others have nothing like that at all, and are intended to end with the death of the pensioner.

This is something that you would have to explore with the pension holder itself, looking to see if it had a beneficiary program and, if so, who was named as the beneficiary (because it doesn't always have to be the spouse, though usually it is).

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,636
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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I see that you rated my service as three stars. Was there something about your question that I didn't answer?

While I understand that it is not an exact answer, that is not possible here, as I don't have your husband's contract that he had with his employer. The only way for you anyone to know the answer to your question is to review that contract.

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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,636
19,636 Satisfied Customers
Experience: Employment/Labor Law Litigation

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