City has denied deceased spouses full pension award

[karlo84]

What is the name of your state (only U.S. law)? Virginia

My wife of 25 years recently passed away while still employed by the city of Norfolk, Virginia.She was employed by the city for 30 years.

Her pension plan was through the Virginia Retirement System. When she first started working with the city, before we were married, she named her father as the beneficiary of her pension plan. Her father passed away 17 years ago.

My wife simply forgot to change her plan to name me as beneficiary. The whole family knew this to be her wish.

The city has denied me award of any portion of her monthly pension. They have offered me an insubstantial lump sum payout, relieving the system of any further financial responsibility.
I have been given and read a copy of the state code on this issue and I believe the code is at best unclear on this issue and can be interpreted to favor my position.

I do not want to accept this lump sum and I believe I am entitled to a monthly benefit.

Do I have any legal recourse to reverse this decision? Am I entitled to her pension?

 

[xylene]

What is the name of your state (only U.S. law)? Virginia

My wife of 25 years recently passed away while still employed by the city of Norfolk, Virginia.She was employed by the city for 30 years.

Her pension plan was through the Virginia Retirement System. When she first started working with the city, before we were married, she named her father as the beneficiary of her pension plan. Her father passed away 17 years ago.

My wife simply forgot to change her plan to name me as beneficiary. The whole family knew this to be her wish.

The city has denied me award of any portion of her monthly pension. They have offered me an insubstantial lump sum payout, relieving the system of any further financial responsibility.
I have been given and read a copy of the state code on this issue and I believe the code is at best unclear on this issue and can be interpreted to favor my position.

I do not want to accept this lump sum and I believe I am entitled to a monthly benefit.

Do I have any legal recourse to reverse this decision? Am I entitled to her pension?

You 100% need to talk with a lawyer before agreeing to ANYTHING.

 

[LdiJ]

You 100% need to talk with a lawyer before agreeing to ANYTHING.

I agree. You need to consult a local attorney.

 

[commentator]

With a state pension plan of this type, there is one thing you can bet on, that this situation has happened many times before. They will have a sort of cut and dried situation here as to how this pension is paid out, what happens when a deceased person is listed as the beneficiary and whether it is paid in monthly increments for the beneficiary's lifetime, or in one lump sum payment.

Usually in my experience, with the regular pay outs to a beneficiary, this has to have been set up by the deceased, as in they have the option to receive less on their own monthly benefit program upon retirement, but then at their passing, someone else, usually a spouse, can assume the monthly pay out until their passing. But I am in agreement, talk to an attorney, let them read the material and decide what you should do. I'm just saying that you are probably not the first person they've dealt with in this situation, and the language is probably not as vague as you perceive it to be.

 

[Taxing Matters]

What is the name of your state (only U.S. law)? Virginia

My wife of 25 years recently passed away while still employed by the city of Norfolk, Virginia.She was employed by the city for 30 years.

Her pension plan was through the Virginia Retirement System. When she first started working with the city, before we were married, she named her father as the beneficiary of her pension plan. Her father passed away 17 years ago.

My wife simply forgot to change her plan to name me as beneficiary. The whole family knew this to be her wish.

The city has denied me award of any portion of her monthly pension. They have offered me an insubstantial lump sum payout, relieving the system of any further financial responsibility.
I have been given and read a copy of the state code on this issue and I believe the code is at best unclear on this issue and can be interpreted to favor my position.

I do not want to accept this lump sum and I believe I am entitled to a monthly benefit.

Do I have any legal recourse to reverse this decision? Am I entitled to her pension?

The Virginia Retirement System (VRS) operates several different types of retirement plans. Exactly what kind of plan did your wife have and what code did the city cite that specifies that it does not have to pay you benefits?