1-866-735-7737





 
Home & News
Planning for Retirement
Recent Reports & News
Who We Serve
How You Can Help
Donate
Free Legal Information
Contact Us
Other Useful Links

 

The Michigan Pension Rights Project
is a program of

501(c)(3) private non-profit--
contributions are tax deductible

[visit ELM Website]
other ELM Programs:
[Legal Hotline for MI Seniors]
[MiCAFE]

Fact Sheet:
Basic Rights of Spouses and Survivors

 

Question:
Do widows (and widowers) have any protection if the spouse who earned the pension dies?

Answer:
If your spouse retired after 1984, you are presumed to be legally entitled to a survivor pension option upon your spouse’s retirement. If your spouse died before retirement, you should be eligible for a pre-retirement survivor annuity. If the retirement or death occurred prior to 1984, you may still be entitled to benefits, depending on the individual plan provisions.


Question:
What happens to a worker’s pension in a divorce?

Answer:
All assets including pension plans should be disclosed and divided in the divorce, but it was not uncommon before 1985 for the pension benefits to be overlooked. Since 1985, Michigan law requires that the pension benefit is addressed in the divorce judgment. Sometimes a divorce can be reopened to divide pensions accumulated during marriage if the divorce decree did not divide it previously.

Question:
Who do I call if I need help with retirement benefits for me or my spouse?

Answer:
Contact the Michigan Pension Rights Project at 1-800-7737.

Note: The Women's Institute for a Secure Retirement (WISER) at www.wiser.heinz.org is an excellent source of information on pension issues that especially involve women. WISER is located at 1201 Pennsylvania Ave., NW, Suite 619, Washington, DC 20004, or contact them by e-mail at info@wiserwomen.org.

[back to free legal info]