Can we force mom's pension for a buyout?

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My mother was allowed to move into a limited income apartment even though she was slightly over the income level. We need to close her small pension to stay within guidelines so she doesn't get kicked out! Is this something they can easily do or do I have to get an attorney?

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Thanks for responding! No, the complex only said that they let us move in thinking we could get rid of the pension. I thought that was an easy fix! It's been 4 weeks since I've requested resolution from her pension dept. if the "plan summary" won't allow a pay out-I imagine my 90 yr old mom will be evicted and I'll be looking for an elderly friendly apartment that doesn't exist in our small town in ill. Thank u all for responding!!
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600 a yr is not worth getting a Lawyer or a Miller trust.. Wait and see what they tell you. Did the complex tell you you had to stop her pension?
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CarlaCB - from a quick ThompsonWL search.... looks like Miller is all about & only about diversion of qualified income sources for a Medicaid applicant who is a resident where long term care services are provided. The income is “assigned” to the trust. So you are totally spot on that as pensions plans almost always prohibit assignments, they are out for use by Miller. 

It’s apparently referred to as Income Assignment Trusts as well as QIT and Miller.

Kkweaver - looks like Miller is only for Medicaid not for housing / HUD unfortunately.
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As Igloo said, there's a question whether housing programs accept Miller like Medicaid LTC eligibility does. There's another issue with directing the pension into the Miller trust. The rules governing qualified pension plans prohibit "assignment or alienation" of pension funds. I think it's unlikely that the plan administrator would agree to the assignment of any part of the payments to a trust. Perhaps as Igloo said it could be some other part of the monthly income such as SS that would go into the trust, assuming the trust is available and that it would be acceptable to the housing authority.
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On Miller, first step you’ll to be to determine IF your state allows for them. Most do. Then if so, the 2nd step would be to see IF the pension can meet the “qualified” requirements of s Miller.

Miller is actually called a Qualified Income Trust. The “qualified” must must must be present. Have no idea how that’s determined..... But SS is Qualified, federal civil service pensions / annuity’s are as well. Then after that kinda can be a crapshoot. What might be an option - and a couple on this site did it this way for LTC/NH Medicaid for a parent- is to have just the SS income go into the Miller and let the other income (that pension) continue to exist as regular income outside the Miller p. I don’t know if HUD or housing programs accepts Miller like Medicaid LTC eligibility does, so try to definitely find that out before you deep dive into legal paperwork needed for Miller. 

If you could please post an update on what happens as we all learn from each other!
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Do you know if a "Miller's Trust" could be used to send some of her income into? I have to figure out a way to reduce her income by 700.00 a yr so she's in the HUD guidelines. I suggested a higher rent- but the home says the income has to fit into the guidelines.
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Lelystad is right - the terms of the pension payout are dictated by the plan document. Unless the plan document allows the survivor beneficiary to request a lump sum payout (and in almost 30 years of practicing pension law I have almost never seen that), you will be stuck with the monthly payments for your mother's lifetime. You should understand that the plan administrators or trustees have no discretion about this, and that getting a lawyer won't help unless the plan by its terms allows this.
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There are different kinds of pensions, and they have specific laws governing them. In addition, the written pension plan document itself is specific about what is allowed. Generally, the beneficiary has the right to request a copy of the SPD (Summary Plan Description), and the plan administrator has to send it within a certain time length. (This again may vary, depending on what kind of plan it is.) Personally, I'd request it in writing and mention a time deadline, like within two weeks. The SPD is shorter document which outlines how the plan operates, but it can still be confusing. It is possible that she already has a copy though. The beneficiary may need to fill out a form allowing another person to communicate on their behalf.

Consulting a specialist elder law lawyer may be really important though. If Medicaid is going to be involved at some point, be sure to get a lawyer with that experience. Pension law is a different speciality (which used to be called ERISA, not sure if it still is).
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She's 90..The pension is from my late father..the monthly checks put her income over by 600.00 a year...we need the checks to stop- and have asked for a buy out. We are waiting on an answer but want to be proactive in case they refuse to do this
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How old is your Mom? Does she get Monthly checks from this pension or is it a lump sum amount. Is she married? What do you want to happen to the pension?
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