Pention Plan - wife vs ex-wife

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whenterprises

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My Mother was 1st married to my father for some years, then divorced, then he married Ms X then divorced her, and remarried my Mother in 2000. He worked for United Airlines and had pension/retirement rights that were awarded to him in his divorce from Ms X w/o any reservation of any portion for her. Before he died last fall, and while married to my Mother, he executed a new will in 2002, leaving everything to her, and signed a community property agreement with her, the latter of which included specific language evidencing his intention that Mother was to get all of his United Airlines retirements benefits. Those are with both MetLife and the Pension Benefit Guaranty Corporation set up by Congress to protect employees of companies going through bankruptcy as much as possible. An attorney from Silverdale WA prepared those documents for us while residing in that area. My Father had previously listed Ms X as beneficiary on his life insurance and retirement benefits. The attorney from Washington advised that a change of beneficiary form be signed and submitted on the life insurance, but did not similarly direct any such need for documentation with MetLife and PBGC as to the retirement benefits as he had covered those in the CPA. After Fathers death, my Mother has sought to obtain the pension benefits and has recently learned that since her husband had not changed the beneficiary designations on the retirement benefits, they remained in Ms X's name.
A different Lawyer has told us because of the US Supreme court ruling in Feb 2009 about QDRO's that we have no legal means to pursue the benefits.
Now DOL has released a final regulation relating to time and order of QDRO's on June 10th 2010, I am so confused about what to do now. Does this new ruling allow us to have the DRO enforced so that the benefits go to Mother? Help
 
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