[WSBAPT] Pension Fund "you're to late"

[Jay DeMers]

How about a letter addressing unjust enrichment?  Jay

On Tue, Jul 11, 2017 at 2:28 PM, Josh Grant <jgrant at accima.com> wrote:

> Client’s H died in 2011.  Decedent had a small amount in a
> Biolermaker-blacksmith national pension trust.
>
> Widow didn’t know about it and widow’s daughter now is taking care of her
> and came across documents concerning the pension trust and its lump sum
> Post Retirement Death Benefit.
>
> After demand made the Trust wrote back that the Pension Plan states:
> “Diligent efforts will be made to locate any missing Participants or named
> Beneficiaries.  However, the Trust will not make attempts to locate
> potential heirs under the Order of Precedence.” [Whatever that means.  It
> does not appear any diligent efforts were made].
>
> Then it goes on to say they are payable only 5 years after death and so
> the Widow is Too Late.
>
> Anyone have a statute or argument that that outcome/policy doesn’t apply?
>
> It is only about $4500 so unless an attorney fee provision can be found,
> it will be hard to litigate .
>
> Josh
>
> Joshua F. Grant, PS
> Attorney at Law
> P. O. Box 619
> Wilbur, WA 99185
> tel 509 647 5578
> fax 509 647 2734 <(509)%20647-2734>
>
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