Q: I'm named as pension recipient, Pension division is refusing to award me the pension.
My ex-husband, now deceased did not tell me when we were divorcing that he had a pension. He told me about a year before his death (heart attack) that he has a pension and that I am listed as the beneficiary. He was with Local 831 and I have been fighting them now for over 6 years. My ex was fully vested and in their own paperwork it says that once vested an employee cannot be considered absent or on a break. The Union is trying to tell me that due to his passing away prior to becoming retirement eligible, that he was considered on a break, see above where their own forms state once fully vested they cannot be considered on break. We had two children together and even though I am the listed beneficiary, they are refusing to comply. I was originally told I would be getting $900 a month, the next time they told me that my children were not eligible for any of the pension, then they said because we were not married when he passed away, I'm not eligible. Their own rules say I am. Help.
A: I'm sorry to hear that you're in this situation. So long as your ex-husband lived in California at the time of his passing, you can file a petition in probate to determine whether the rights vested in your late ex-husband. Generally, you have to bring a petition within one year of his passing.
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