Counseling Project Success Stories

Pension Payment Pop-Up Provided After WSPAP Advocacy

Todd, an older adult who lives in San Francisco, called the Western States Pension Assistance Project (WSPAP) for help with his pension. Todd and his spouse divorced several years ago, and fortunately, his pension plan provides for a “pop-up” increase to his monthly benefit in the event of a divorce. 

However, Todd’s retirement plan told him they would only increase his benefit once a QDRO was accepted. It took over six months after the termination of divorce for the QDRO to be accepted. Todd appealed this decision and was denied. 

He called WSPAP for assistance and the attorney determined that the plan’s decision was an erroneous interpretation of the plan’s provision which allowed the pop-up to begin from the date the marriage terminated, not whenever a QDRO is accepted. 

Thanks to WSPAP’s advocacy, the plan agreed to pay the client over $4,000 of unpaid benefits and confirmed the popped-up higher benefit going forward.