Legal Question in Wills and Trusts in Illinois
IMRF- Fail to pay Death Benefit
My mother passed in 1996. The IMRF (IL muni retirement fund) sent us a letter in Dec. stating that they are still holding her contributions. The current account balance is ~$40K. They are only going to pay us $17K because they say that all interest earned on the account since date of death is not payable. They are citing Illinois pension code 7-164-5. It has the words ''equal to'' the amount at the date of death. It does not say the amount. I feel that if no one has touched this money in 11 years then the current amount is equal to the amount at the date of death. I will be able to appeal their decision to their board. This does not seem right. Is there any chance that I can get this money? If so, how?
1 Answer from Attorneys
Re: IMRF- Fail to pay Death Benefit
It seems that there are a couple of things that you will need to look into before you can learn the answer to your question.
First, you will need to obtain a copy of the plan document from the IMRF. They must provide this to you by law. The plan document will show you what the notice provisions are, and what the death benefits and payment terms are.
Second, if you are the named beneficiary and never received notice, you might have an action based on that.
Regardless, you (or any lawyer assisting you) will have to accomplish the above before being able to sustain an appeal.
Good luck to you.
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