Legal Question in Wills and Trusts in Pennsylvania
husband changed pension beneficiary without my consent
dear sir;
husband died 5-16-00,we were married but were not living together at the time due to personal reasonmarried for 35 years,had initiated divorce proceedings,but changed mind,husband worked for philadelphia school boad had 15 yrs invested,om 1/21/98,husband changed beneficiaryfrom me to kids,without my ok,school pension board states that they are not subject to federal pension laws,and that husband can give his pension to anyone,all i got was a 25,000.00 life insurance benefit,this pension was to take care us,presently on disability pensuon of 1165.00 month,only income,kids gave me hard time about the pension they have it,what are my rights as the widow,am i entitled to at least half of the pension before the pension board gave it to my kids?
thank you, helen mccollum
3 Answers from Attorneys
Re: husband changed pension beneficiary without my consent
When an individual begins to participate in a qualified retirement plan, he must designate a beneficiary for his plans. If a participant is married, his spouse must be named as the beneficiary of the employer sponsored plans (but not for IRA's) unless the spouse consents IRC Secion 401(a)(1). The issue would turn on whether the state sponsored plan was a qualified retirement plan. Also, to the extent that you are a surviving spouse who was left out of a will, you may wish to consider electing against the Will.
Re: husband changed pension beneficiary without my consent
When an individual begins to participate in a qualified retirement plan, he must designate a beneficiary for his plans. If a participant is married, his spouse must be named as the beneficiary of the employer sponsored plans (but not for IRA's) unless the spouse consents IRC Secion 401(a)(1). Your issue would turn on whether the state sponsored plan was a qualified retirement plan under the federal law (ERISA). It is possible that the state plan is not covered by ERISA. Also, to the extent that you are a surviving spouse who was left out of a will, you may wish to consider electing against the Will.
Re: husband changed pension beneficiary without my consent
Generally, when an individual begins to participate in a qualified retirement plan, he must designate a beneficiary for his plans. If a participant is married, his spouse must be named as the beneficiary of the employer sponsored plans (but not for IRA's) unless the spouse consents IRC Secion 401(a)(1). However, your issue turns on whether the state sponsored plan is a qualified retirement plan under the federal law (ERISA). Unfortunately, it is our understanding that the state plan is not covered by ERISA. Another issue for you to consider, to the extent that you are a surviving spouse who was left out of a will, you may wish to consider electing against your husband's Will.
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