sadie46
member
Reged: 04/21/06
Posts: 186
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In my decree it states that I am sole beneficiary of ex state/city gov pension. He is vested, no longer employed there and will receive this pension when he turns 62 and recieve $603 per his annual stmt. When I spoke with Plan/Company they spoke of a QDRO, which nothing was mentioned in decree of it, just sole beneficiary until his death. They said he must designate me like joint sole survivor or something to that affect. The beneficiary designation to my understanding would be the amount actually in the pension..ie $25K. My previous lawyer said the intent of the decree meant I would receive his pension if he died before me...ie the $603 monthly pmt until my death, not the $25K. Any comments? Have a meeting with lawyer on Tues to go over things not done, clarification of the wording of decree from previous lawyer etc. I am also sole beneficiary until death of life insurances that were in force at filing and in the decree doesn't state policy #, type of policy, amount, just name of company. Ex is to supply me the designation yearly, but in contempt on these issues to date. Ex can very well survive me, but it was put in there for protection of alimony. Married 24 years, state of OK, but Kansas Pension..KPERS.
Also, Per pension plan, if he dies married, his wife gets it per law? Does decree overide this and would new wife and I share in this pension..ie I get the $25K and she gets something too, like a monthly pmt?
Edited by sadie46 (05/24/08 08:12 AM)
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sadie46
member
Reged: 04/21/06
Posts: 186
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Update.
What I have found out is this. Due to no QDRO being written in decree then there is nothing there. Was told your lawyer gave you bad advice. Just because she stated that the intent of being sole beneficiairy meant you would recieve something as like "alternate payee", it is not in decree so therefore her words mean nothing. It has to be in the DECREE! She flat out lied to me. Told me that she would take care of, but now she withdraws from case post divorce and another lawyer told me sorry but your lawyer screwed up. I have documents post divorce that mention both attorneys talking about a QDRO being needed, then saying they don't need it. Who can you trust? Thank the lord it is not one of the major things...if ex outlives me then it is a moot point. I will only feel wronged if he dies before me and his new wife gets the pension that I was a part of the whole time. Live and learn...watch your back with lawyers.
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