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Susan Lynn Meter

Susan Meter’s Answers

44 total


  • How is Federal Pension Divided after Divorce

    I am going through a divorce, and my ex WAS a government employee, with a federal pension. If I am on SSD, 55 and my alimony is minimal to live off of, can I collect my share of his federal Pension, before retirement, and would I be penalized...

    Susan’s Answer

    You cannot start to collect until he retires, however, if he is retirement age and has chosen not to retire, you may be able to make a Gillmore election which would allow you to get your portion directly from him until he does retire. You should contact a benefits attorney to discuss your options and the consequences of a Gillmore election.

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  • I was fully vested in my 401k when I left my previous company, but now the 401k statements say I am not vested. What do I do?

    I worked at my previous company for 8 years. I contributed to my 401k and received matching contributions and profit sharing contributions. I was fully vested after 5 years of employment. My current employer doesn't offer a 401k, so I have left...

    Susan’s Answer

    • Selected as best answer

    If you were truly vested then this is not legal. You should first contact the company and let them know what has happened. They should be able to fix the error. If they do not help you,then you can contact the department of labor to get assistance in resolving the issue. Go to the EBSA website. It is very user friendly and they provide great assistance to participants. Best of luck.

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  • Is it illegal for an employer to ask an employee (age 62) when she plans to retire and to move/terminate her?

    35 yrs industry exp, 10.5 yrs w company, favorable perf reviews. Last review focused on 'succession planning', agreed I would move to sales dept and retire when I was ready and on my terms but was termed as soon as replacement (age 34-ish, at mayb...

    Susan’s Answer

    Possibly. More facts are need to determine if you have a case but generally a company cannot terminate to avoid retiremt benefits of you're in a protected class (age). You should have an attorney review the facts to see if you have a case.

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  • How can I cash out the entire balance of my 401k?

    I'm under 50 yrs old and I recently stopped working. I don't qualify for a hardship. Please advise.

    Susan’s Answer

    Yes, you can, but it's typically not advisable. If you do substantially equal installments payments you might qualify for the exemption of the early withdrawal penalty. Look into that to see if it works for your situation. You probably need a CPA to advise you, not necessarily an attorney.

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  • Can the ERISA pension payments from the QDRO from my divorce have an end date??

    I was awarded half my ex spouse ERISA pension that he was receiving while we were married. I filed a QDRO during the divorce that gave me 1 year to receive 1/2 his pension. The Pension dept stated they would override it and I would receive it for ...

    Susan’s Answer

    This is an interesting question. I would need more information to provide an answer but it sounds like you may have filed an interim order and you may need a subsequent order to continue receiving the benefit for life. Typically you receive the benefit for life, not just for one year. What does your divorce decree say about your community interest in the benefit? Its possible you may need an amended QDRO. You should consult an attorney to review your situation.

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  • Do I need to state the amount of damages in my complaint?

    I am suing my previous employer for overtime, meal breaks, and rest breaks violations. Do I need to specify in my complaint the exact amount of damages, or can I just say that the amount of damages will be discovered during the case (based on pay...

    Susan’s Answer

    No, you don't have to state the amount of damages. You should say " the amount to be determined at the time of trial." In addition, if you are filing this in court (not small claims court), you should state that it is at least in excess of the jurisdictional requirements. For example, you can say "As a direct and proximate result of _________[insert act], Plaintiff has been damaged in an amount to be determined at the time of trial and in excess of the jurisdictional requirements."

    The reason you want to state the "excess" is because your claim needs to be more than a small claim amount in order to be in court. If you do not believe your claim is in excess of the requirements and you are filing in small claims, then you should state that it is "within the limits for small claims."

    I hope that helps and good luck.

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  • I have been classified as an exempt employee incorrectly. How is interest calculated to enhance my unpaid overtime award?

    I left my employer two months ago and I'm trying to calculate the interest of my wages. Is the interest calculated at 10% per year? If so, what labor code section provides for this amount? Interest rates have been low recently. Do I get intere...

    Susan’s Answer

    I agree with Patrick's answer and will add this link for you to review. It is helpful in navigating your way through an unpaid wages claim.

    https://www.dir.ca.gov/dlse/LawsTimeMannerPaymentWages.pdf

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  • Divorced in 1989. Divorce decree has a formula for 401K, which was "stocks" at that time. Why could this not be used in 2014?

    attorneys say they don't use this method any longer. Divorce decree is permanent according to Ameya Telkikar. So, why change what it says and use their own methods?

    Susan’s Answer

    Need more information to answer. What do you mean by "stocks" at that time? It's possible it's too late to set aside the judgment but more information is needed to answer your question.

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  • MY HUSBAND IS DISABLE DOES HE STILL HAVE TO WAIT TO BE 65 TO GET HIS PENSION

    CAN YOU LOOK INTO MY RETIRMENT PLAN

    Susan’s Answer

    Your husband should ask his HR department. If he has a copy of the summary plan description it will tell you whether there is an option for benefits upon disability.

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  • How is gain/loss calculated for a 401K retirement plan if spouse withdraws monies from community share before evaluation?

    We have divorce decree to divide 6 retirement accounts and prepare single QDRO for the offset amount. My ex withdrew from 2 of the accounts (one partial share & the other all) monies from the community property. The evaluation report did not con...

    Susan’s Answer

    A little more information is needed to answer this question. It depend so the intent and the overall agreement about how to value all the accounts. The last sentence also needs more explanation. When you say only half of the community share was credited to your account, what do you mean? Were you entitled to more than half? Happy to respond further if you can give some more detail.

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