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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102134
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How do I break the Beneficiary Designation in my retirement

Customer Question

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
Expert:  Ely replied 1 year ago.

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.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.