Legal Question in Employment Law in Virginia

My wife of 34 years recently passed away while still employed by the city of Norfolk, Virginia. Her pension plan was through the Virginia Retirement System.

When she first started working with the city 37 years ago she named her father as beneficiary of her pension plan. Her father passed away 17 years ago.

My wife simply forgot to change her plan to name me as beneficiary. The whole family knew this to be her wish.

The city has denied me award of any portion of her monthly pension. They have offered me an insubstantial lump sum payout, relieving the system of any further financial responsibility.

I have been given and read a copy of the state code on this issue (Section 37/70 Ordinary Death benefits –Code of Ordinance Norfolk, Va.) and I believe the code is at best unclear on this issue and can be interpreted to favor my position.

I do not want to accept this lump sum and I believe I am entitled to a monthly benefit.

Do I have any legal recourse to reverse this decision? Am I entitled to her pension?

Asked on 3/31/18, 6:44 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

I would recommend that you arrange for a consultation regarding your question with an attorney in the

Norfolk-Virginia Beach area who handles labor.and probate law issues and who should be

able to advise you, accordingly, on this particular issue.

Office Tel. (703) 838-5577

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Answered on 3/31/18, 8:07 am

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