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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117370
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am retired but worked 29 years for the Garbage Company. My

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I am retired but worked 29 years for the Garbage Company. My ex wife didn't work so she filed a qdro against me and won . She has since died and the qdro is no longer in force, I cannot take out her portion of the retirement money as the qdro with the company states it stands and I am not eligible for that money to return to my retirement fund
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Once an order for sharing of pension benefits is entered (or a selection of sharing pension benefits is made) that selection is permanent I am afraid. Thus, if a person is listed to share in pension benefits dies, the pensioner is not able to reclaim and change the selection sharing benefits pursuant to IRS and ERISA rules. So once she was ordered to get a share of your pension and your pension was reduced, that is a permanent reduction I am afraid (it is like paying insurance, sometimes a spouse/ex spouse can outlive the pensioner and the plan is on the hook for more than paid into the pension and sometimes not, but whether or not this happens the selection is permanent and cannot be changed).

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