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Adam Kielich

Adam Kielich’s Answers

3,886 total


  • 401k beneficiary

    I divorced in November 2004, my ex-wife and mother of my two children passed in Feb 2015. I was named primary beneficiary at the time of her death. My ex-wife listed her sister as contingent beneficiary with me being primary. The plan documents st...

    Adam’s Answer

    If the beneficiary form preceded the divorce then upon the granting of the divorce you would have been stricken as the primary beneficiary unless your ex-wife provided a new form after the divorce that affirmed your status as the primary beneficiary. It does not matter that she failed to take action to change beneficiaries. The plan administrator must follow the plan rules.

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  • Can I sue my former company to get a lump sum pension payment?

    Im a former employee at Coca-Cola and they do not offer a lump sum payment option

    Adam’s Answer

    No. The plan may only distribute benefits in a manner consistent with the plan rules. If the plan rules do not permit a lump sum option then you are limited to those options available under the plan rules. There is no viable claim to force the plan administrator to offer a different payment option.

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  • I belong to the teamsters and have been told i can't collect a teamsters pension due to not being in their health and welfare

    We have company 401k type plan, we pay full teamsters dues, a portion of which are supposed to go to pension fund but we are told we are ineligible for teamsters pension because we are not in their health and welfare plan. Is this legal and why

    Adam’s Answer

    You are entitled to a pension benefit if it is part of your contract and you meet the eligibility requirements for the Teamsters plan.

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  • Can FCA Chrysler, LLC stop paying me my pension while the company makes "adjustments"

    I am a Chrysler retired plant manager. I have been receiving my pension since 2008, at 55 years old. In April Chrysler stopped paying me my pension because they said I was awarded Soc Sec disability. I was awarded Soc Sec disability in 2011 for a ...

    Adam’s Answer

    You need an attorney who helps clients with employee benefit plans to review the plan rules and other details of your situation to determine what options are available to you.

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  • How can I receive survivor benefits from my ex husbands pers pension after he dies?

    How can I receive survivor benefits from my ex husbands pers pension after he dies? what legal right as his ex wife would I have? why wouldn't that be granted to his new wife? Because we have a child together?

    Adam’s Answer

    As his ex-spouse you likely only have whatever rights were given to you in the divorce. Talk to a divorce lawyer in your state.

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  • I know I can be mandated to work overtime hours at work, but is there a limit?

    I am a paramedic in Arlington,tx. I work for AMR ambulance that has the city 911 contract. They have continuous staffing issues due to mandating people to come in on their days off to work additional shifts. We are regularly scheduled for 4 twe...

    Adam’s Answer

    Unfortunately without a contract that limits the number of hours you work the employer is free to make you work as many hours as it wishes so long as you are properly paid.

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  • Can I file a lawsuit against the financial company who managed my retirement at an old job?

    I withdrew a lump sum from a profit-sharing plan at my old job last year. They took 20% for federal taxes (not including the 10% early withdrawal penalty), but they never provided me with any option to withhold more for federal and state. Come 201...

    Adam’s Answer

    There may be a penalty if the service vendor failed to timely issue a 1099-R but there is no private right to sue over it. If the service vendor did not have a current address for you and the tax form bounced around in the mail while they tried to find you then there's probably not even a penalty owed.

    The service vendor does not have an obligation to provide you with tax advice or suggest you have more than 20% withheld. Before you took the lump sum payment you either received tax notices from the plan (in print or electronically) or you waived receipt. Those forms explained your tax obligations. If you failed to read those notices or failed to heed their warnings then that is nobody else's fault. Ultimately, you are responsible for the taxes owed on that distribution regardless of what was withheld.

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  • Is there a way to close out my 401k without quitting, or being 59 1/2?

    I have a 401k @ work. I am in desperate need of money and I want to close it out , but they are telling me I can't unless I terminate my employment or am 59 1/2. I don't want to quit I just want MY money. I know there will be penalties. I can't fi...

    Adam’s Answer

    Any distribution from a 401k plan must comply with the plan rules. If the distribution options from the plan are limited to post-separation distribution or an age 59 1/2 distribution then unfortunately you would have to satisfy one of those conditions to obtain a distribution from the plan. Many plans offer loans or hardship distributions that would allow you to use some of the funds in your account. Check if these options are available.

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  • In a 1995 divorce, the final pension order was not sent to the plan administrator, can the retirement benefits now be claimed?

    In the divorce paperwork, the wife was awarded 50% of the husband's retirement fund up to the date of the divorce. The QDRO was signed by a judge but was not sent to the plan administrator. Now, 20 years later, the wife wants to collect her retire...

    Adam’s Answer

    Probably not although the wife may not receive everything she could have due to her delay in submitting the order to the plan administrator. Best thing wife can do is get that order in the plan administrator's hands ASAP.

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  • Can I take ex off my insurance now that the kids are on their own? Family plan costs $500 more/month just to keep her covered.

    I provided coverage for my wife and children throughout my marriage. When I got divorced, the paperwork stated that I would continue to carry the family plan and continue to cover my ex-wife. All of our children are now adults with their own cove...

    Adam’s Answer

    You must do whatever the court has ordered until the terms of the order are changed or conditions within the order are satisfied that no longer require you to provide insurance.

    If the insurance is tied to the alimony then the age of your children probably has nothing to do with your obligation to provide coverage for her. Talk to a local divorce lawyer.

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