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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118130
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband retired from owens illinoise glass he was getting

Customer Question

My husband retired from owens illinoise glass he was getting his retirement checks up until last may he passed away they made me send back his last check shouldn't i still be getting them?
JA: Has anything been filed or reported?
Customer: I call the company and they said i don't get anything I retired from the same co
JA: Anything else you want the lawyer to know before I connect you?
Customer: no i don't think so
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 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.
If your husband retired without selecting the spousal beneficiary option at his retirement, then I am afraid that you would not be entitled to receive his retirement benefit. If he took a reduced pension to leave you a spousal benefit, then even if you retired from the same company, they would have to pay you that benefit. So before you know whether or not you are entitled to his pension, you need to determine from the plan administrator whether or not he took that option.
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Customer: replied 10 months ago.
I'm not sure if he took the plan I do know I received a letter in may asking for the check back that they had to make some adjustments and they would send me checks before my husband past they were sending his checks in care of me
Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your reply.

What happened prior to your husband passing is different from what happens now at his death. You need to contact the plan administrator because only they can tell you what option he selected regarding your spousal share of his pension, there are generally several options such as 1/2 pension or none of the pension or some other percentage and the only person who can tell you any information about that is the plan administrator. However, they can make you send the check back if it was after death and there are adjustments that need to be made.