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How do I break the Beneficiary Designation in my retirement

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contract? (I was told that...
How do I break the Beneficiary Designation in my retirement contract? (I was told that the Beneficiary Designation is irrevocable after 30 days.) I retired in December 2009 from the County of Santa Clara. CalPERs Administers my retirement pension. What kind of attorney to I need to work with in order to fight this?
Submitted: 1 year ago.Category: Legal
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5/31/2016
Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Legal
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome 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. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation. Per the CalPERS, one's payment option election and lifetime beneficiary(ies) designation is irrevocable unless you request a change within 30 days of the issuance of your first benefit check or you have a future qualifying event.

If you feel that you have had a qualifying event but CalPERS is denying the change, you can then force them to do so by filing a Writ of Mandamus in court (since CalPERS is a state agency). You would need a litigation attorney. May I recommend the CA Bar referral program - HERE. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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