Legal Question in Wills and Trusts in California

Civil Pension Death Beneficiary

My father passed in April, 2007 Before he passed, he asked that I make sure I file paperwork for my siblings and myself with The U.S. Office of Personnel Management. He had contributed to his pension and there was money that would come back to us as named beneficiaries. He was only retired 9 years, contributed over $36,000, and believed that more than half of that would be his to give to us as his named beneficiaries. OPM has concluded that all the money my father had contributed to the pension is exhausted, because my father was paid over and above the amount he put in. My father believed that the money he put in was reduced by a divisore of 160 and then divided by the number of months he received the pension, and the remainder would go to his benficiaries. OPM is saying, tough luck, he was paid over the amount therefore what my father put in. I don't want to let my sibs down, but there is nothing thta I can find on the web to support either my father's, or OPM's statement. I can't even find to whom to appeal the OPM decision. Any help you can give would be greatly appreciated.


Asked on 11/19/07, 8:20 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Civil Pension Death Beneficiary

Ask them about to whom you appeal the decision. Ask them for the language in the employment contract papers describing the pension plan upon which they rely and have a lawyer take a look at them if the answer is not apparent on the fact of the documents.

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Answered on 11/19/07, 9:35 pm


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