My husband and I are both retired Contra Costa County Retirees and have been legally separated for two years. We legally separated so we could still be eligible to receive each others retirement benefits at death. Recently our Retirement plan (CCCERA) made a new rule stating only married spouses are eligible for each other benefits at death.
Our properties, assets, etc. are of no concern to our Retirement plan just our married status and then we can be eligible for benefits.
You are married. If the benefits won't be paid -- which I doubt -- you must remarry.
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While check boxes for married, single, divorced, separated, widowed/widowered imply different states for each ... Separated is still married.
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No "form" here. But if there ws a previous judgment as to the legal separation, you MIGHT be able to file a motion under CCP 473 to set it aside. But you are still married even if you did have a legal separation judgment entered. so the issue of "marriage" is moot.
If you have a legal separation judgment, that means that your support issues have been decided and property and debts divided between you, BUT THAT YOU ARE STILL MARRIED PEOPLE! Show the pension people a copy of your legal separation judgment and that should settle the issue.
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