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    enricamarie's Avatar
    enricamarie Posts: 2, Reputation: 1
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    #1

    Jan 7, 2013, 07:01 PM
    NYCer pension survivor death benefits and divorce
    My parents were divorced and the judgement states my mother received 1/2 of his pension and upon his death is the sole irrevocable beneficiary to what remains. He passed away and we contacted the NYC Employers Retirement Fund to claim the benefits and are having problems with them responding. A Domestic Relation Order had to be filed for her to receive his pension while he was alive but am not sure if it was completed correctly regarding benefits after his passing. Is she not entitled to the benefit even though the divorce judgment states she is the irrevocable beneficiary.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jan 8, 2013, 04:41 AM
    She needs to talk to the pension admins and find out what she needs to claim the pension. If she can't produce the proper documentation, then she may need to file suit to get the pension, using the divorce decree as proof of her entitlement.
    enricamarie's Avatar
    enricamarie Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Jan 9, 2013, 10:11 AM
    Since we are having no luck with the pension fund, the only alternative is a lawyer. What type of lawyer would she need? Divorce? Probate? We did try to contact the attorney who handled her divorce but he is no longer practicing. Thanks for the response.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Jan 9, 2013, 10:44 AM
    I would use a specialist in Family or Labor law.
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