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

[Kristina Ash]

I'd ask them to show proof of their "diligent efforts." I'd also ask to
show what rule they are relying on that allows them to keep the pension.
And then I'd ask for all of the pension documents.  Basically, lawyer them
to death with document requests.  Then I'd make another demand.

On Tue, Jul 11, 2017 at 5:06 PM, Jay DeMers <jay.demerslawfirm at gmail.com>
wrote:

> 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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>
>
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