Surviving widow pension benefits

[Judy Estes]

My husband had been receiving union disability pension benefits since 2003. He passed away Sept. 21, 2013 at the age of 61. He would have transitioned to regular pension on his 62nd birthday on Jan. 26, 2014. We were living together since 1994, but were only married since Jan. 23, 2013. This was because, although John had been separated from his ex-wife since 1992, they were not legally divorced til 2010. She had signed off her right to any pension benefits when they became separated. My husband had sent in our marriage certificate right away and was told everything was in order for me to receive widows benefits if he passed away. Around last June he received a letter from his union explaining about his options when he went on regular pension after his 62nd birthday. It explained several different options affecting his monthly check which would decide what I would receive as widows benefits. They said they would send the forms for him to fill out his choice on closer to his 62nd birthday. He called them up specifically to ask what would happen if he passed away before then, and they told him I would receive 50% of his pension every month. When he passed away in Sept., I talked to them and they sent me all the necessary forms to fill out. When I returned them to their office, I checked to make sure they had all the paperwork they needed, and they double-checked and said they did. They told me the Trustees of the Pension Trust would have their next meeting on Jan. 16, 2014 and my benefits would start after that. I received a letter on Jan. 23rd, saying the meeting agenda had contained my application for pre-retirement death benefits. They said I will be receiving pre-survivor benefit payments for 5 years (60 months), but that was the only benefit I qualified for. They said to be considered an eligible spouse, we would have needed to be married for at least one year, and we had only been married about 9 months at the time of his death. My husband did not have a terminal illness and was not expected to pass away when he did. They had never informed him of the one year requirement. Is there any way I can appeal this ruling or get them to reconsider? Don't get me wrong, I appreciate the 5 years of pre- survival benefits, but I am also disabled and only on SSI. I will be 64 when the union benefits run out in 2018.
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[davew128]

What does the pension plan document state? I suspect that if you read it (if you have it or can find it) that it will answer all the technical questions you have.

 

[Silverplum]

My husband had been receiving union disability pension benefits since 2003. He passed away Sept. 21, 2013 at the age of 61. He would have transitioned to regular pension on his 62nd birthday on Jan. 26, 2014. We were living together since 1994, but were only married since Jan. 23, 2013. This was because, although John had been separated from his ex-wife since 1992, they were not legally divorced til 2010. She had signed off her right to any pension benefits when they became separated. My husband had sent in our marriage certificate right away and was told everything was in order for me to receive widows benefits if he passed away. Around last June he received a letter from his union explaining about his options when he went on regular pension after his 62nd birthday. It explained several different options affecting his monthly check which would decide what I would receive as widows benefits. They said they would send the forms for him to fill out his choice on closer to his 62nd birthday. He called them up specifically to ask what would happen if he passed away before then, and they told him I would receive 50% of his pension every month. When he passed away in Sept., I talked to them and they sent me all the necessary forms to fill out. When I returned them to their office, I checked to make sure they had all the paperwork they needed, and they double-checked and said they did. They told me the Trustees of the Pension Trust would have their next meeting on Jan. 16, 2014 and my benefits would start after that. I received a letter on Jan. 23rd, saying the meeting agenda had contained my application for pre-retirement death benefits. They said I will be receiving pre-survivor benefit payments for 5 years (60 months), but that was the only benefit I qualified for. They said to be considered an eligible spouse, we would have needed to be married for at least one year, and we had only been married about 9 months at the time of his death. My husband did not have a terminal illness and was not expected to pass away when he did. They had never informed him of the one year requirement. Is there any way I can appeal this ruling or get them to reconsider? Don't get me wrong, I appreciate the 5 years of pre- survival benefits, but I am also disabled and only on SSI. I will be 64 when the union benefits run out in 2018.
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I'm sorry for your loss. But I doubt you can do better. Pieces of paper do matter.