Can my grandmother receive my grandfather’s pension benefits?

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Can my grandmother receive my grandfather’s pension benefits?

My grandfather passed 40 but had worked earning retirement for 18.1 years. We have a letter from the

company stating that they have not paid her his pension benefits. Is she eligible?

Asked on June 23, 2019 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on the terms of the pension. There is no inherent legal right for a surviving spouse to keep receiving the pension benefits of her deceased spouse: the benefits could be personal only to the deceased and not be transferrable to or payable to anyone else, including a spouse or children. You need to review the terms of this pension, to see if it does go to her after his death.


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