Pension question

[Blackrose5050]

What is the name of your state (only U.S. law)? MD
I have a friend who's husband passed away recently. She is his second wife, but in her husband’s divorce decree from his first wife, it stated that the first wife would get a certain percentage of his pension. Unfortunately her husband passed before he retired. My question for her is does the first wife still get the pension even though he never retired?

 

[Betty]

What is the name of your state (only U.S. law)? MD
I have a friend who's husband passed away recently. She is his second wife, but in her husband’s divorce decree from his first wife, it stated that the first wife would get a certain percentage of his pension. Unfortunately her husband passed before he retired. My question for her is does the first wife still get the pension even though he never retired?

First off some companies do not pay a pension if the employee dies
before they take retirement if it is an employer pay all pension. If the
employee contributed to the pension, then there should be a benefit
payable to a beneficiary (named by employee) at death of the employee.

Your friend will need to verify with employer what type of pension this is & if anything is payable. Also, it depends on how the divorcee decree is worded as to whether the first wife gets any of the pension benefit should he remarry. Most likely than not she does but I can't say positively.

This is what I know from working with pensions at a life ins. co.

 

[Blackrose5050]

Her husband is (was) a police officer and was due too retire but never made it. He died while still on the payroll. I was thinking the same thing that neither spouse will get anything. The second wife is the beneficiary for the life insurance.

 

[Betty]

If he didn't pay into the pension & died before he retired, there may be nothing payable. Your friend might want to verify with his employer though.

 

[cindy612]

Regarding the pension, did the husband/1st wife/lawyer request a QDRO (Qualified Domestic Relations Order) to be placed on it stipulating the percentage of pension the first wife is entitled to?

This is usually accomplished after the property settlement is finalized. A letter should have been sent to her acknowledging the QDRO.

Good question to ask the pension specialist or HR rep. Of course, eligibility for his beneficiary to receive the pension is contingent on his eligibility at the time of death.

 

[Betty]

First off, your friend needs to verify if there is anything payable if she
has not already done so by now. If there is, I'm sure she will be told/has
been told what % is payable to the first wife.