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January 5, 2011 at 5:35 pm #597532
LisaMParticipantTo my WS knowledge base: I am trying to help a friend whose father died shortly after his pension vested with an orchard in eastern wa.
Apparently, both the employee and the co paid into the pension plan for over 20 years.
Does my friend have any rights to the pension as his son?
Any insights/resources would be appreciated.
Thanks!
January 5, 2011 at 5:39 pm #713164
flowerpetalMemberThat would all be detailed in the agreement which your friend needs to obtain a copy of and read. He needs an attorney.
My condolences on the loss of his father.
January 5, 2011 at 5:55 pm #713165
JoBParticipantLisaM
flowerpetal is right
it really depends upon whether the pension had survivor’s benefits and whether his son qualified as a survivor under those benefits…
the short answer is not generally:(
if the paperwork is in his father’s files
a quick read might give him an answer
it is also possible to get a copy of current pension benefits from the orchard
and/or an answer from their personal dept
however…
an atty could give a definitive answer to that question…
taking the steps to obtain all paperwork first will save your friend dollars since it is cheaper to do the research yourself than to pay an atty to do it.
January 5, 2011 at 6:05 pm #713166
hooper1961Memberjob you are correct to recommend that lisam conduct the research versus an atty. employee contributions should be available as a pay out to the heir.
January 5, 2011 at 8:26 pm #713167
JoBParticipanthooper 1961
when it comes to pensions..
they aren’t always available as payout to the heir..
sometimes not even to the spouse..
and even when they are… they are often paid out at a fractional rate.
as opposed to personal retirement accounts which are generally payable to named heirs.
i didn’t recommend that LisaM’s friend skip the atty…
i just recommended that they do some of the legwork on their own to limit the atty’s bill
unless the company’s reps tell them they do inherit the full pension and processes the paperwork for them…
it is likely that an atty’s services will be one of those necessary evils at some stage of the process.
January 5, 2011 at 8:48 pm #713168
hooper1961Memberactually any pay taken from an employee to fund a retirement is available; the employer contribution may not be though.
when my wife passed i received her contributions to the retirement but not her employer contributions.
January 5, 2011 at 9:15 pm #713169
LisaMParticipantgreat advice all around – Thanks so much!
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