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  1. #1
    Getting In The Groove Now.

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    Default I hope this is the right spot, question regarding father's death.

    My father was a local 179 teamster and I am listed as the beneficiary under his pension plan.

    After his death i contacted the pension office and they said they are no longer obligated to pay out beneficiaries besides surviving spouses and they said that i would have to write to get a better reason than that. So I wrote to them and after four months of waiting i received a letter saying. More or less that they are not obligated to pay out benefits to beneficiaries because

    "the pension plan is in the critical zone under the pension protection act... A rehabilitation plan is a combination of increases in contributions made by employers, and reductions in plan benefits, designed to enable a pension plan to continue in operation and pay benefits long into the future.

    The act allows a rehabilitation plan to eliminate or change "Adjustable benefits". in addition to "adjustable benefits", there are other benefits which a plan in the red "critical" zone is not permitted to pay. As a result, with pension benefits effective May 1, 2010 and later, our Fund eliminated the following features, the "step-option", the 120-month guarantee of pension payments and the retiree death benefit. Enclosed is a copy of the Notice of Plan Status that went out to all participants.

    The Trustees understand your disappointment at this outcome and they regret that a certain pension benefits had to be eliminated. However they have an obligation to follow the requirements of the Federal Law and they also have an obligation to ensure that the plan will continue in operation and be able to pay retirement benefits to participants at normal retirement age.

    Am I screwed in other words? His wife is diseased, and he had only collected pension payments for a few months. My father was a proud teamster and it is a shame that his wish for me to be financially protected in the case of his death to be able to start out with a good education is going to not happen because of this... Anything I can do to combat this? I have goggled quickly and it seems that there is a Rollover IRA that i can use, but is that just for IRA's? ( I goggled pension protection act and got a bunch of results for beneficiary rollover ira or something along that line)

  2. #2
    Super Moderator

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    Default Re: I hope this is the right spot, question regarding father's death.

    I don't know how the plan works for survivors besides the spouse..I know mine is just between my wife and myself..nothing about surviving children..I would think that what info was sent to you could be correct even though it sucks..Maybe there will be some others on here that are from your pension plan of which local 179 is part of Central states..

  3. #3
    Getting In The Groove Now.

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    Default Re: I hope this is the right spot, question regarding father's death.

    I am the named beneficiary on the account. (yes still the son, but he went through the processes of naming me the beneficiary) They are saying that they are taking away the obligations to payout named beneficiaries.

  4. #4
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    Default Re: I hope this is the right spot, question regarding father's death.

    I'm pretty sure this is one of the benefits we lost in Central States so this info probably won't help. My condolences on your loss also.

    Section 6.02 60 MONTH SURVIVOR BENEFIT
    (a) For the surviving spouse or dependent child (or dependent children) of a
    Participant who dies before his Retirement Date to become eligible for the
    60 Month Survivor Benefit, the Participant must die while he is an Active
    Participant or within 2 calendar years after becoming an Inactive
    Participant. In addition, the Participant must also have met each of the
    following requirements at the time of his death:
    (1) he must have had at least 20 years of Service Credit; and
    (2) he must have met the Minimum Contribution Requirement; and
    (3) he must be survived by a spouse or dependent child or dependent
    children; and
    (4) he must have been eligible to have his retirement pension
    determined by at least Benefit Class 4 of either Schedule A or
    Schedule B.
    77
    F:311524 / 01096280 / 01/01/2010
    (b) The monthly amount of the 60 Month Survivor Benefit is the greater of
    $160, or the monthly amount of the retirement pension benefit the
    deceased Participant could have received on the date of his death under
    the Lifetime With Limited Surviving Spouse Option.
    (c) The 60 Month Survivor Benefit is payable to the surviving spouse of a
    deceased Participant. If a deceased Participant is not survived by a
    spouse, then the 60 Month Survivor Benefit is payable to the surviving
    dependent child or in equal shares to the surviving dependent children of
    the deceased Participant.
    (d) For purposes of the 60 Month Survivor Benefit, a dependent child is the
    deceased Participantís natural or adopted unmarried, dependent child
    who is either under age 23 or is adjudged to be mentally or physically
    incompetent.
    (e) Subject to the Benefits Claim Filing Procedures (as described in Section
    7.14), the 60 Month Survivor Benefit becomes payable to a recipient (or
    recipients) on the 1st day of the month following the month in which the
    death of a Participant occurs. Benefit payments shall continue until 60
    months of benefits are paid to the recipient (or recipients) or, if earlier, the
    death of the recipient (or recipients).
    (f) The Pension Fund is not liable for benefits based upon this Section 6.02
    to the extent such liability has been transferred by the Pension Fund
    pursuant to APPENDIX L of this Pension Plan.
    Section 6.03 DISABILITY DEATH BENEFIT
    (a) A lump sum Disability Death Benefit of $1,000 is payable if a Disabled
    Participant dies while receiving or while eligible to receive, a Monthly
    Disability Benefit, provided that this Disability Death Benefit is not payable
    if the Benefit Class 18/18+ Death Benefit is payable pursuant to Section
    6.05 or if the payee of this Disability Death Benefit would be the surviving
    spouse of a deceased Disabled Participant and the surviving spouse
    elects to receive a 50% Surviving Spouse Benefit in accordance with
    Section 5.04.
    (b) The Disability Death Benefit is payable in equal shares to all members of
    the highest level of survivors as follows:
    (1) Spouse;
    (2) Dependent Children;
    (3) Non-Dependent Children;
    (4) Parents;
    (5) Brothers and Sisters;
    (6) Estate.
    78
    F:311524 / 01096280 / 01/01/2010
    (c) The Disability Death Benefit provides a $500 lump sum benefit upon the
    death of the spouse of a Disabled Participant who is receiving or eligible
    to receive, a Monthly Disability Benefit. This $500 lump sum benefit is
    payable to a Disabled Participant only once during his lifetime.
    (d) The Pension Fund is not liable for benefits based upon this Section 6.03
    to the extent such liability has been transferred by the Pension Fund
    pursuant to APPENDIX L of this Pension Plan.
    Section 6.04 LUMP SUM DEATH BENEFIT
    (a) For a survivor of a deceased Participant to become eligible for the Lump
    Sum Death Benefit, a Participant must have died while he was an Active
    Participant or within 2 calendar years after he became an Inactive
    Participant, provided that this Lump Sum Death Benefit is not payable if
    the Benefit Class 18/18+ Death Benefit is payable pursuant to Section
    6.05. In addition, the Participant must also have met each of the following
    requirements at the time of his death:
    (1) he must have had at least 10 years of Service Credit;
    (2) he must have met the Minimum Contribution Requirement; and
    (3) he must not have received any retirement pension or disability
    benefit from the Pension Fund; and
    (4) his survivors must not have received any other death benefit from
    the Pension Fund.
    (b) The amount of a Lump Sum Death Benefit shall be:
    (1) the lesser of $4,000 or 50% of the Employer Contributions made
    on behalf of a deceased Participant if he had had Contributions
    made on his behalf under Schedule B; or
    (2) the lesser of $2,000 or 50% of the Employer Contributions made
    on behalf of a deceased Participant if he had had Contributions
    made on his behalf under Schedule A.
    (c) A Lump Sum Death Benefit is payable in equal shares to all members of
    the highest level of survivors as follows:
    (1) Spouse;
    (2) Dependent Children;
    (3) Non-Dependent Children;
    (4) Parents;
    (5) Brothers and Sisters;
    (6) Estate.
    79
    F:311524 / 01096280 / 01/01/2010
    (d) The Pension Fund is not liable for benefits based upon this Section 6.04
    to the extent such liability has been transferred by the Pension Fund
    pursuant to APPENDIX L of this Pension Plan.
    Section 6.05 BENEFIT CLASS 18/18+ DEATH BENEFIT
    (a) A Benefit Class 18/18+ Death Benefit consisting of a $10,000 payment to
    the surviving spouse of a deceased Participant or, if none, to his
    dependent children (if any) in equal shares is payable if the Participant
    met each of the following requirements at the time of his death:
    (1) He has had at least 10 days or 2 weeks of Employer Contributions
    (and not Self-Contributions) made on his behalf at a rate
    corresponding to Benefit Class 18 or 18+ or, if he is employed as
    a casual Employee or changes Contributing Employers (but not
    Bargaining Units) on or after such date, he had at least 100 days
    or 20 weeks of Employer Contributions (and not Self-
    Contributions) made on his behalf at a rate corresponding to
    Benefit Class 18 or 18+; and
    (2) He died while he was an Active Participant or within 2 calendar
    years after he became an Inactive Participant; and
    (3) He had at least 10 years of Service Credit; and
    (4) He died prior to his Retirement Date if he was not a Disabled
    Participant or, if he was a Disabled Participant, he died while he
    was receiving a Monthly Disability Benefit and prior to his 65th
    birthday.
    (b) The Benefit Class 18/18+ Death Benefit is payable in addition to any
    survivor benefit payable in accordance with Section 6.01 or 6.02.
    (c) The Pension Fund is not liable for benefits based upon this Section 6.05
    to the extent such liability has been transferred by the Pension Fund
    pursuant to APPENDIX L of this Pension Plan.
    Section 6.06 CHOICE OF SURVIVOR BENEFITS OR DEATH BENEFITS
    Except as otherwise provided in Section 6.05, only one survivor benefit or death benefit
    is payable upon the death of a Participant. If a surviving spouse or other payee is
    eligible for more than one survivor benefit and/or death benefit, a choice must be made
    by the payee as to which single survivor benefit or which single death benefit will be
    paid, provided that a payee eligible to receive a Benefit Class 18/18+ Death Benefit may
    also be eligible to receive a survivor benefit payable in accordance with Section 6.01 or
    6.02. That choice upon being made shall be irrevocable, except in cases where a
    choice is made to receive a Lump Sum Death Benefit for which the surviving spouse or
    other payee is eligible before the Pension Fund completes the processing of a claim for
    a survivor benefit or another death benefit the surviving spouse or other payee is also
    eligible to receive. The choice of the benefit to be received must be made in writing on
    documents furnished by the Pension Fund. Any such document must be signed by the
    surviving spouse or other payee and witnessed by a notary public.

  5. #5
    Resistance is futile.

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    Default Re: I hope this is the right spot, question regarding father's death.

    I wish you luck because this is over my head.

  6. #6
    Getting In The Groove Now.

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    Default Re: I hope this is the right spot, question regarding father's death.

    In response to Wolf I may have, and probably did, read that wrong. But by those guidelines since I am 22 I would still be classified as a dependent child? Which would still classify me as a payable beneficiary?

    (d) For purposes of the 60 Month Survivor Benefit, a dependent child is the
    deceased Participantís natural or adopted unmarried, dependent child
    who is either under age 23 or is adjudged to be mentally or physically
    incompetent.

  7. #7
    I Am Rocking Now

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    Default Re: I hope this is the right spot, question regarding father's death.

    Quote Originally Posted by Bahu View Post
    In response to Wolf I may have, and probably did, read that wrong. But by those guidelines since I am 22 I would still be classified as a dependent child? Which would still classify me as a payable beneficiary?
    It gets kinda complicated but we will assume you fall under the category. Now heres the question I can't answer. If your father retired prior to Sept 24 2010 he retired under the old rules...and benefits schedule. Why would "HIS" death benifit (or any adjusted benifit) be denied? I defently would not except the first word I got on it if he was one of the "Grandfathered". Sorry I can't help you more as this is new territory we are in. If he retired after that point I would say you don't have "any" hope. I am no expert either so don't take my word....just throwing some posibilities.

  8. #8
    I Am Rocking Now

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    Default Re: I hope this is the right spot, question regarding father's death.

    Quote Originally Posted by Bahu View Post
    I am the named beneficiary on the account. (yes still the son, but he went through the processes of naming me the beneficiary) They are saying that they are taking away the obligations to payout named beneficiaries.
    As a result, with pension benefits effective May 1, 2010 and later, our Fund eliminated the following features, the "step-option", the 120-month guarantee of pension payments and the retiree death benefit. Enclosed is a copy of the Notice of Plan Status that went out to all participants.

    Are you sure it wasn't the retiree death benefit you were the beneficiary of , not the surviving spouse? Even that is gone now

  9. #9
    Getting In The Groove Now.

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    Default Re: I hope this is the right spot, question regarding father's death.

    Quote Originally Posted by wolf View Post
    It gets kinda complicated but we will assume you fall under the category. Now heres the question I can't answer. If your father retired prior to Sept 24 2010 he retired under the old rules...and benefits schedule. Why would "HIS" death benifit (or any adjusted benifit) be denied? I defently would not except the first word I got on it if he was one of the "Grandfathered". Sorry I can't help you more as this is new territory we are in. If he retired after that point I would say you don't have "any" hope. I am no expert either so don't take my word....just throwing some posibilities.
    I believe (I have papers downstairs) that his first retirement check was in August of 2010.


    Are you sure it wasn't the retiree death benefit you were the beneficiary of , not the surviving spouse? Even that is gone now
    I am the listed beneficiary of his account. I'm sorry I don't know the exact details just going off the paperwork I have seen.

  10. #10
    I Am Rocking Now

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    Default Re: I hope this is the right spot, question regarding father's death.

    Quote Originally Posted by Bahu View Post
    I believe (I have papers downstairs) that his first retirement check was in August of 2010.



    I am the listed beneficiary of his account. I'm sorry I don't know the exact details just going off the paperwork I have seen.
    I wished it was me making the decision, it would be easy. He retired before the fund invoked the default schedual, therfore "ALL" benifits should be avaiable to your father. I've made the assumptions that Dad was from YRCW and was in the Central States Fund. I sure wish you luck.

 

 

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