Pension Plan Overpayment Question

1,205 Views | 14 Replies | Last: 4 days ago by The Collective
PlanoAg98
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My father passed away in December 2022. After my father's death, my mother started to receive monthly a portion of his pension as a survivor benefit. In January 2025 (2 years later), the pension plan provider (Fidelity) contacted my mother stating that they owed her another monthly pension payment in which the initial payment will included backdated amounts to my fathers death. We had no idea what this was. She then received a $77K check in February 2025 for the missed monthly payments since my father's death and she deposited that check. Later in February 2025, Fidelity contact my mother and stated that payment was a mistake and was my father's pension which should have stopped after his death in December 2022.

How does this situation not fall into the below scenario where they cannot attempt to recoup that payment?

https://pensionrights.org/issue/recovery-of-overpayments/

Quote:

Retirement plans may not recoup against the widowed spouse of an overpaid retiree.

When a married retiree in a pension plan dies, the retiree's widow or widower is often entitled to a monthly survivor benefit for the remainder of the spouse's life. The IRS takes the position that, if a retirement plan mistakenly overpays a retiree, the retirement plan may not try to recover that overpayment by reducing the spouse's survivor benefit payments or demand that the spouse repay the plan. However, if a retirement plan makes a mistake in calculating the amount of the survivor benefit payable to the widow or widower, the plan may attempt to recoup that overpayment.

Stive
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I'm no pension expert, but just reading that explanation you posted, it seems like the last sentence would apply, not your bolded portion.
PlanoAg98
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Quote:

I'm no pension expert, but just reading that explanation you posted, it seems like the last sentence would apply, not your bolded portion.
This payment was not a survivor benefit. It was a payment for the primary (retiree).
ATM9000
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PlanoAg98 said:

Quote:

I'm no pension expert, but just reading that explanation you posted, it seems like the last sentence would apply, not your bolded portion.
This payment was not a survivor benefit. It was a payment for the primary (retiree).


Your Mother isn't the retiree… the bolded sentence I wouldn't think applies in this scenario.
PlanoAg98
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if a retirement plan mistakenly overpays a retiree
  • The overpayment was made to my father (the retiree)

the retirement plan may not try to recover that overpayment by reducing the spouse's survivor benefit payments or demand that the spouse repay the plan.
  • Fidelity is demanding my mom repay the overpayment.

Quote:

When a married retiree in a pension plan dies, the retiree's widow or widower is often entitled to a monthly survivor benefit for the remainder of the spouse's life. The IRS takes the position that, if a retirement plan mistakenly overpays a retiree, the retirement plan may not try to recover that overpayment by reducing the spouse's survivor benefit payments or demand that the spouse repay the plan. However, if a retirement plan makes a mistake in calculating the amount of the survivor benefit payable to the widow or widower, the plan may attempt to recoup that overpayment.


Aggie71013
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I think people are confused based on this statement in your post: "She then received a $77K check in February 2025 for the missed monthly payments since my father's death and she deposited that check."

This says the payments they are trying to recoup occurred after your father's death. Wouldn't any payments after his death would be to the widow / widower not your father.
Stive
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So it seems like it must be one of these two things:
  • They paid money to a survivor that they weren't supposed to pay. According to the last sentence you quoted above (the rules), they're allowed to ask for that back and can pursue it.
  • OR, in the last couple of weeks your mother was given money she wasn't supposed to be given 2+ years after your father died. The company that made the deposit, fairly quickly notified her/you and said it was a mistake and they'd like it back since your father has passed. Assuming your mother didn't immediately buy some real estate with it or donate it to the church (harder to get the dollars back), it's likely still sitting there in her account, and from a moral/ethical stance, should be returned.

If this were years later and the money had been spent/given in good faith, then I'd probably lean more towards your side of the fence and the pain in the rear it would be to return dollars that they claimed shouldn't have been received.
Diggity
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I don't remember anything about returning the money in this game

PlanoAg98
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Quote:

This says the payments they are trying to recoup occurred after your father's death. Wouldn't any payments after his death would be to the widow / widower not your father.
The payment was mistakenly made to my father (his regular pension) after his death.
ATM9000
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PlanoAg98 said:

Quote:

This says the payments they are trying to recoup occurred after your father's death. Wouldn't any payments after his death would be to the widow / widower not your father.
The payment was mistakenly made to my father (his regular pension) after his death.
I didn't think you could pay a deceased person. That's why I agree with the first reply that the second sentence likely applies here rather than the first sentence.

My best guess is what they aren't allowed to do is reduce the survivor benefit if one is received to recoup payment… but they probably are allowed to pursue getting the money back if is was made on an erroneous calculation.
Captain Winky
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How does a dead person cash a check or use money from a bank account?
TTUArmy
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Captain Winky said:

How does a dead person cash a check or use money from a bank account?
Just ask a Democrat. They have them out reliably voting in every election.
ChemAg15
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Lawyer up.
permabull
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Captain Winky said:

How does a dead person cash a check or use money from a bank account?


Letters testementry naming someone their executor
The Collective
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Agree with this.
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