Legal Question in Wills and Trusts in Oregon
Charles belonged to a Union and had a pension plan based in Kansas. He divorced wife #1 with a QDRO (in Oregon) that entitled her to 1/2 his pension upon his retirement. He then married me, and made me beneficiary of said plan. We then divorced (In Oreogn) with no mention of pension plan or QDRO. He never changed me as beneficiary. He then died. Six months later his first wife died. Two years later the plan administrator has told me that my beneficiary status is irrelevent because we divorced and because of his previous QDRO. Questions: Does our divorce nullify my beneficiary status? Does ERISA factor in? Since wife #1 was only given 1/2 the pension in the QDRO, what about the other 1/2? What is our child entitled to? The plan administrator is requiring me to set up a conservatorship filed with the court on behalf of our daughter in order to receive $200 monthly - is this necessary?
Thank you for taking the time to read this~ Please advise.
1 Answer from Attorneys
YOUR QUESTION:
Does our divorce nullify my beneficiary status?
ANSWER:
YES, unless your divorce decree contained a provision awarding you a portion of his union pension AND directs that you be treated as his surviving spouse in the event of his death (even though you would actually be his surviving former spouse).
YOUR QUESTION:
Does ERISA factor in?
ANSWER:
Yes. Your interest in your former spouse�s union pension is subject to ERISA rules and regs. As a former spouse, the union pension plan administrator is allowed to recognize you as having an interest in your former husband�s pension ONLY to the extent provided in the divorce judgment (and subsequently prepared QDRO).
YOUR QUESTION:
Since wife #1 was only given 1/2 the pension in the QDRO, what about the other 1/2?
ANSWER:
The pension plan keeps it, unless a QDRO directed otherwise.
YOUR QUESTION:
What is our child entitled to?
ANSWER:
Child is entitled to whatever death benefit the plan provides in the event of the plan participant�s death at a time when he has no surviving spouse (or surviving former spouse who is entitled to former spouse treatment under the terms of a QDRO). Generally, if he is survived by a child, the child will be entitled to the death benefit.
YOUR QUESTION:
The plan administrator is requiring me to set up a conservatorships filed with the court on behalf of our daughter in order to receive $200 monthly - is this necessary?
ANSWER:
Yes, this is necessary. The plan administrator is not permitted to make the payments directly to a minor child. Rather, the payments must be made to an adult person who acts on the child�s behalf. But the plan administrator is in no position to determine which adult person it is to whom the payments should be sent. Rather, the plan administrator leaves it up to the court to make that determination, in the form of a conservator, and the plan administrator will then send the payments to the court-appointed conservator. (Normally, in this situation, the child�s mother will be appointed as the child�s conservator.)
LAWRENCE D. GORIN
http://ldgorin.justia.net/index.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Telephone: 503.224.8884
Fax: 503.226.1321
E-mail: [email protected]
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