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RONB-ESQ, Lawyer
Category: Family Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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In New York State, can a wife of 40 years inherit her

Customer Question

In New York State, can a wife of 40 years inherit her husbands pension, received from his job, when he dies.
Submitted: 1 year ago.
Category: Family Law
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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You should be able to view my answer just below this response as we continue….

Expert:  RONB-ESQ replied 1 year ago.

Could you tell me if this is a employers defined benefit plan or employee contribution plan(401K) (403B)?

Customer: replied 1 year ago.
employers defined benefit plan
Expert:  RONB-ESQ replied 1 year ago.

Would you mind naming the employer just so I can see if I can find some specifics on this as this will be driven more by their rules than NY statute?

Expert:  RONB-ESQ replied 1 year ago.

The reality in the case of you passing leaving surviving spouse she may or may not be entitled to a survivor's portion or allowance these are all defined within the plan that you participate in at work. It is easier to answer in regards ***** ***** employee contribution plan then she would be named as beneficary and she takes it all. I have attached a BLS study that confirms these details. I am sorry I can't give you a better answer, but since this is left to be defined within the employer's plan I can't fully answer the question other than to say get a copy of your defined benefits plan and review the section if there is one related to surviving spouse. You might glance at this and I recognize this is not the law, but it shows the fact that as to how defined plans are not consistent in the treatment of surviving spouses and I recognize it is quite dated as it goes back to 1981 . Many employers have moved away from defined benefit plans due to the future liability on the accounting side (how it affects their company balance sheet) and move to the employee contribution plans as employees have also become leary of the defined plans and what happens if the company files bankruptcy so to attract employees they have converted or began their companies using the employee contribution plan with the employer making some contribution to that plan. I am not trying to school you on the plans, but just answer your question.

If you can identify the employer I may be able to located the information online and provide you a more specific answer or as I said you may have to request a copy paying particular attention to surviving spouse benefits. I am stepping away from the computer for a dinner appt. it is 5:40 PM CST here. I should be back online around 8:00 PM CST if not earlier and can respond to your reply. If you don't log on tonight note that I will be back online tomorrow after 3:30 PM CST and happy to respond at that time as well.

In the event I have answered the question you posted thank you in advance for leaving me positive feedback so I am compensated for the time I spent answering your question. This does not cost you anything additional and Do note that you are welcome to reply here with follow up questions or request to clarify as long as needed for free.



Expert:  RONB-ESQ replied 1 year ago.

I am back online if you wish to continue or as an FYI tomorrow I have court and won't be online until after 3:30 PM CST. Just mentioned that ahead to explain any delay you see in my response.