Retirement fund

[ceejaybeekay]

What is the name of your state (only U.S. law)? Pennsylvania
i am retired now but separated from my husband for over 7 years, in order to recieve my 401k i need my husbands signature (he refuses to sign or talk to me) but i am eligible to receive it under exceptional circumstances because we were separated for more than 3 years and he has not supported me nor do we even live in the same state. the form that i have states the following:
Exceptional Circumstances (FERS only). If you are a married FERS participant and exceptional circumstances make it inappropriate to obtain your spouse’s signature, you must attach either a court order or a governmental agency determination issued by the appropriate department or division head explaining the exceptional circumstances. For example, a court order could indicate that you and your spouse have been maintaining separate residences with no financial relationship for three or more years; or indicate that your spouse abandoned you, but for religious or other compelling reasons, you chose not to divorce; or state that you may borrow money from or withdraw all or a portion of your TSP account notwithstanding the absence of your spouse’s signature.

i would like to know what court or govermental agency i should go to with this form

 

[single317dad]

i would like to know what court or govermental agency i should go to with this form

Why have you not divorced your husband? That would be the simplest solution since he's being disagreeable, and probably the same family law court you'll end up in anyway.

My first guess is, he's refusing to agree to you receiving the funds because he's entitled to a share of them.

 

[ceejaybeekay]

for religious reasons i have not divorced him. his reasons are the same. i cant prove infidelity.

 

[TheGeekess]

for religious reasons i have not divorced him. his reasons are the same. i cant prove infidelity.

Legally separated? If not, then maybe that should be done.

 

[single317dad]

Since PA doesn't recognize legal separation, they're about as separated as they're going to get:

http://law.onecle.com/pennsylvania/domestic-relations/00.031.003.000.html

"Separate and apart." Cessation of cohabitation, whether living in the same residence or not. In the event a complaint in divorce is filed and served, it shall be presumed that the parties commenced to live separate and apart not later than the date that the complaint was served.

By statute, you're "separate and apart". Convincing the retirement plan administrator is another challenge altogether.

 

[ceejaybeekay]

i would like to know what court or goverment agency i should go to with this form?

 

[single317dad]

i would like to know what court or goverment agency i should go to with this form?

http://www.law.cornell.edu/cfr/text/5/846.722

(b) OPM actions— (1) Waiver of former spouse consent requirement— OPM's authority to approve a waiver of the former spouse consent requirement is limited to cases in which the former spouse's whereabouts cannot be determined or exceptional circumstances make requiring the former spouse's consent inappropriate.
(ii) Whereabouts cannot be determined. OPM will waive the former spouse consent requirement upon a showing that the former spouse's whereabouts cannot be determined. A request for waiver on this basis must be accompanied by—
(A) A judicial or administrative determination that the former spouse's whereabouts cannot be determined; or
(B) (1) Affidavits by the employee and two other persons, at least one of whom is not related to the employee, attesting to the inability to locate the former spouse and stating the efforts made to locate the spouse; and
(2) Documentary corroboration such as newspaper reports about the former spouse's disappearance.
(iii) Exceptional circumstances. OPM will waive the former spouse consent requirement based on exceptional circumstances if the employee presents a judicial determination finding that—
(A) The case before the court involves a Federal employee who is in the process of electing FERS coverage and the former spouse of that employee;
(B) The former spouse has been given notice and an opportunity to be heard concerning this proceeding;
(C) The court has considered sections 301 and 302 of the FERS Act, Pub. L. 99-335, 100 Stat. 517, and this section as they relate to waiver of the former spouse consent requirement for an employee with a former spouse to elect FERS coverage; and
(D) The court finds that exceptional circumstances exist justifying waiver of the former spouse's consent.
(iv) Approval of a waiver. If OPM grants a waiver of the requirement of paragraph (a) of this section, OPM will notify both the individual and the employing office of its decision. OPM's notice to the employing office is deemed to complete the individual's election, which becomes effective with the first pay period after the employing office receives OPM's notice that the waiver is granted.

According to the bolded, you'll need to file a civil suit in your local court. Location can be found here:

http://www.pacourts.us/courts/courts-of-common-pleas/individual-county-courts

The court must find ALL of the bolded to be true, and must determine that "exceptional circumstances exist".

You should contact OPM directly to verify or ask for details:

888-767-6738*
TTY: 855-887-4957
7:40 a.m. - 5:00 p.m. (Eastern Time) Monday thru Friday

U.S. Office of Personnel Management
Retirement Operations Center
Post Office Box 45
Boyers, PA 16017

My guess is that you'll either have to get him to sign, or divorce him. Sorry.

 

[ceejaybeekay]

Thanks sooo much! no problem