IBEW Local 332 Pension Trust Errors cost me $40,000

I.B.E.W.Local 332 Summary Plan Document (2004) page 16.

QUESTIONS AND ANSWERS

Why would a divorce affect my pension?

In California, your pension benefits earned during marriage are considered community property.

Comment:
Wow!! Look at that; the Plan agrees with me that benefits earned during a marriage are considered community property. Just as Justice Mosk stated in the Lehman case sited by the Plan. So if we agree where is my money? If they agree why did they write a domestic relations order that awarded the ex-wife more than half the benefits earned during the marriage? Why did she get $37 per year for past service instead of the mandated $10. I’m not sure I even got the $10 because they did not account for my benefit.

Here is my theory. They lost my second wife’s QDRO, which they received in 1999. When they qualified the second wife’s QDRO it was an automatic requirement that any future QDRO be accepted only if it allowed the proper benefit for the participant. All QDROs qualified by the plan must amount to only half of the benefit due to the community property law and ERISA. And according to the Plan’s own rules as stated in “RULES FOR PAYING BENEFITS UNDER A COURT DOMESTIC RELATIONS ORDER (QDRO)” which is found on the benefits web page.

Note: a court domestic relations order is not a “QDRO”.
It can only be a QDRO after qualification by the Plan or a Federal Judge.

A QDRO MUST:

9. It must not be inconsistent with any prior QDRO affecting the employee’s benefits.

COMMENT:
The 2005 Domestic Relations Order was required to be consistent with the prior QUALIFIED Domestic relations order received and qualified by the Plan in 1999. It was not consistent and therefore it was a plan error, the Plan did all the work. They lost the paper work, they underpaid wife #2 for years ending with a $25,000-plus reimbursement.

The Plan broke their own rules and now expects me to foot the bills. As a participant or future participant are you proud of this kind of representation by your trustees?

“Never kick a cow chip on a hot day” Will Rogers

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