Legal Question in Employment Law in New York
Union Pension Rights of a Spouse
Is their a law in the state of new york stating that if you do not elect a beneficiary to recieve your pension benefits it can not be claimed?
My father recently passed away and I just found out throught the union he retired from that he had not sumbitted a beneficiary to receive his benefits, therefore, my mother is not entitled to his death benefits as his spouse. We assumed that he had done so but don't have any documentation stating yes or no. We would like to contest this and need some help understating the law. He resided in florida for the past 6 years and this is where he passed away.
Any guidance would be greatly appreciated.
Thank you.
Sunny Florida
1 Answer from Attorneys
Re: Union Pension Rights of a Spouse
My understanding of the law regarding undesignated benefits is that, as with a life insurance policy, if the insured does not designate a primary or secondary beneficiary on the policy, the benfits become part of his estate. They will then go through probate, or if he died intestate (without a will), the court will appoint an administrator who will fulfill the duties of an executor.
Had he named a beneficiary the probate court process would have been circumvented and the benefits would be paid directly to the beneficiary.
As his spouse your mother should still receive the benefits; however, legally the company can not dispose of the estate until the court approves the distribution.
If you ask the union you will probably find that this is what they are telling you. If not, I would be happy to discuss this further.
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