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My father died 12 yrs ago and he had worked for Navistar for…

Customer Question
My father died 12...

My father died 12 yrs ago and he had worked for Navistar for 20+ Years at the time of his death he was not currently working for that company. I contacted their pension company and they said his pension simply stopped and only a surviving spouse is entitled to benefit and they have in record that he was widowed. He was not widowed at time of death but was divorced, why did his pension not go to his estate or surviving children

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Illinois

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

I don’t know what you mean but he started working for International harvester in 1960s then the company changed to Navistar and he worked for them for years and eventually bought the truck dealership from them and started his own company in early 1980s

Submitted: 4 months ago.Category: Employment Law
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Answered in 4 minutes by:
3/12/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,872
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unless he selected a beneficiary plan for his retirement, upon his death his pension ends. When you retire and take a pension, if you want to leave it to beneficiaries in the event of your death, you have to select that option and your pension is reduced when you do so. If he did not select that option then the pension simply ends with his death I am afraid.

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Customer reply replied 4 months ago
I don’t have a copy of plan but the pension company said his spouse was only person to collect benefits and they said he was widowed at time of death so then it ended. He was divorced not widowed so I’m assuming he had a survivor benefit agreement and since he was divorced it should go to his estate right?
Customer reply replied 4 months ago
I’m working can’t call
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

You must get a copy of the plan. If he was divorced, he had no spouse, so you still need to look at what the plan provides about divorce. The plan administrator has to give the estate administrator a copy of the plan.

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