QDRO and actuarial findings

[thatjudi]

What is the name of your state? CA

I based my acceptance of the settlement offer from my ex on the numbers given to me re: his PERS pension and the payments that I would be receiving. These figures came from an actuary that my atty uses. I am now in possesion of the figures from CAL PERS and they in NO way resemble the numbers from the actuary. Can I sue the actuary?? the atty?? who is to be held accountable? What legal rights do I have if these figures are indeed incorrect?

 

[nextwife]

I don't have a specific legal answer for you and am not an attorney, but here are some thoughts:

AS I understand actuarial projections, there are variables, and they use a statistical model based on factors and historical results. I would believe that if the actuary were negligent and did not use credible figures/factors to arrive at their result, for example, there could potentially be a case made that they erred through neglegence.

If, however, unpredicatable market factors impacted the current pension value (such as the major failure of a previously reliable utility stock held in the pension portfolio), you may not be able to establish that the difference over anticipated value can be blamed on failure of the actuary.

So you may need to first figure out why the actual numbers are so different than those anticipated.