Tag Archives: benefits

Can You Change Your Beneficiary After You Retire?

That depends. If you choose a pension payment option that provides a lifetime benefit for a beneficiary, you cannot change your beneficiary even if they die before you do. However, if you choose a pension payment option that provides a benefit for a certain period after retirement, you can change your beneficiary after you retire. Learn more about the different pension payment options and whether they allow you to change your beneficiary below.

If your retirement plan provides a one-time lump sum death benefit after you retire, you can also change your beneficiary (or beneficiaries) for that benefit.

Can You Change Your Beneficiary After You Retire?

Available Pension Payment Options

At retirement, you will choose a pension payment option:

Single Life Allowance option: Provides the maximum monthly benefit payment to you for the rest of your life. This option does not provide a continuing benefit so you will not select a beneficiary, and all payments stop when you die.
Joint Allowance options: Provide a lifetime benefit to a loved one in exchange for a reduction to your monthly benefit payment. After your death, your beneficiary will continue to receive your pension (or part of it, depending on the option you choose) for the rest of their life. If your beneficiary dies before you, your monthly benefit payment remains the same and all payments stop when you die. However, if you choose one of the Popup-Up/Joint Allowance options and your beneficiary predeceases you, your monthly benefit payments will increase to the amount payable under the Single Life Allowance option. For these options, you can only choose one beneficiary, and you cannot change your beneficiary after you retire.
Five Year Certain or Ten Year Certain options: Provide a benefit for a certain period after retirement in exchange for a reduction to your monthly benefit payment. If you die within the five- or ten-year period after your retirement (depending on the option you choose), your beneficiary will continue to receive your monthly pension payment for the remainder of the five- or ten-year period. For these options, you can choose more than one beneficiary, and you can change your beneficiary after you retire.

Post-Retirement Death Benefit

Your pension is not your only NYSLRS retirement benefit. Most NYSLRS retirees are eligible to leave a death benefit if they retired directly from payroll or within one year of leaving employment. The post-retirement death benefit is a one-time lump sum payment. For information on how it’s calculated, visit our Death Benefits for Retirees page.

You can change your beneficiary for this benefit at any time, and your beneficiaries for this benefit do not have to be the same as your pension payment option beneficiary.

Manage Your Beneficiaries in Retirement Online

The fastest way to view or update your beneficiaries for your post-retirement death benefit is in Retirement Online.

Sign in to Retirement Online.
Look under My Account Summary.
Click View and Update My Beneficiaries button.

You should also review the contact information for your beneficiaries so we can find them when needed.

Your NYSLRS Pension—A Defined Benefit Plan

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As a NYSLRS member, you are enrolled in a defined benefit plan, also known as a traditional pension plan.

If you are vested and retire from NYSLRS, you will receive a monthly pension payment for the rest of your life. Your pension will be calculated using a preset formula based on your earnings and years of service.

Your individual contributions to NYSLRS will not affect the pension you receive when you retire. Member contributions support the benefits earned by current and future retirees and are an important asset of the Common Retirement Fund.

Defined benefit plans are supported by contributions from both members and employers. With defined benefit plans, retirement assets are pooled and the investment risk is shared. These plans are usually administered by professional managers, whose long-term investment strategies help to reduce the impact of market turmoil. NYSLRS employs an experienced group of investment managers.

The New York State Common Retirement Fund, which holds and invests the assets of NYSLRS, is one of the largest public pension plans in the United States, providing retirement security for over 1.2 million NYSLRS members, retirees and beneficiaries. The Fund has consistently been ranked as one of the best managed and best funded plans in the nation.

Defined Contribution Plans—And Their Risks

Defined benefit plans are often confused with 401(k)-style retirement savings plans, which are known as defined contribution plans.

With a defined contribution plan, the employee, the employer or both contribute to an individual retirement account for the employee, and the money in the account is invested. In most cases, the employee decides how and where the money is invested (or the plan may offer pre-packaged investment options). At retirement, the employee will be able to draw from the accumulated value of contributions and investment returns, minus any fees.

The amount of money the employee has at retirement often relies on the investment returns of the individual account. So, market downturns, especially near retirement, can negatively affect the value of the benefit. Employees depending on defined contribution plans run the risk of outliving their savings.

NYSLRS’ Defined Benefit Plans

We administer nearly 300 retirement plan combinations. NYSLRS retirement plans:

Provide a guaranteed benefit for life.
Offer a pension based on final average earnings and years of service.
Provide a right to pension benefits (vesting) with five years of service credit.
Build a cost-of-living adjustment (COLA) into pensions to help offset the effect of inflation.
Include disability retirement and death benefits.

We strongly encourage you to review your retirement plan publication for a complete description of your benefits. Visit our Find Your NYSLRS Retirement Plan Publication page and follow the steps listed.

Common Retirement Myths—Part 1

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The laws governing your NYSLRS retirement benefit can be confusing. Sometimes a small misunderstanding can have a big impact on your finances. So base your financial decisions on retirement facts, not common myths.

Retirement Myths vs Facts

My NYSLRS pension is like a 401(k)-style retirement savings account and I will get my contributions back when I retire.

Your NYSLRS pension is a defined benefit plan. Your pension will be a lifetime benefit based on your earnings and years of service—it will not be based on your contributions. Member contributions support the benefits earned by current and future retirees and are an important asset of the Common Retirement Fund.

If I work for more than one NYSLRS participating employer, the service credit from both will count toward my pension benefit.

It depends. You can only earn one year of service credit in a 12-month period. If you work part-time for two participating employers, you would receive credit toward retirement from both, up to the maximum of one year. However, if you already work full-time for one NYSLRS employer, plus you work part-time for another employer, your part-time job won’t increase your retirement service credit. Also, if you are a full-time employee of a school district, you won’t earn extra service credit if you work during the summer.

NYSLRS administers health insurance coverage for its retirees.

NYSLRS does not administer health insurance programs. We may deduct premiums from a retiree’s monthly pension benefit to pay for health insurance coverage if their former employer instructs us to do so, but we can’t answer questions about coverage or changes in premium amounts.

The New York State Department of Civil Service administers the New York State Health Insurance Program (NYSHIP) for New York State retirees and some municipal retirees. If you are still working, your employer’s Human Resources (Personnel) office should be able to answer your questions about post-retirement coverage.

I can take out a NYSLRS loan after I retire.

You need to actively work for New York State or a participating employer to take a NYSLRS loan. They are not available to retirees.

If I’m vested and no longer working for a public employer, NYSLRS will automatically start paying my pension as soon as I’m eligible.

Your pension is not automatic. You must apply for retirement 15 to 90 days before your retirement date. Your retirement date is up to you. In order to retire, a NYSLRS member must terminate employment and be removed from the payroll of their employer(s) before the effective date of retirement.

Most NYSLRS members can begin collecting their pension as early as age 55. If you retire between age 55 and your full retirement age (62 or 63, depending on your tier and plan), you may face a permanent benefit reduction. If you have left public employment though, your benefit won’t increase after you reach full retirement age so don’t delay filing for retirement beyond that point.

You can find more answers about your NYSLRS benefits in your retirement plan publication. If you have account-specific questions, please message our customer service representatives using our secure contact form.

Check out Common Retirement Myths—Part 2 where we debunk five other retirement myths.

Divorce and Your Other NYSLRS Benefits — Part 2

Death Benefits and Your Beneficiaries

As of July 7, 2008, beneficiary designations for certain death benefits are automatically revoked when a divorce, annulment or judicial separation becomes final. If you are divorced, it is especially important to review your beneficiary designations to ensure your benefits will be distributed according to your wishes and your divorce agreement.

If your ex-spouse is awarded a portion of your death benefits, a DRO will specify how much your ex-spouse will receive and direct you to name your ex-spouse as a beneficiary. You should file the DRO with NYSLRS as soon as it’s officially accepted by the court and choose additional beneficiaries for the remainder of any benefits. However, if your designations conflict with the terms of the DRO, the DRO will take precedence over any other beneficiary designations.

The best way to view and update your death benefit beneficiaries is by using Retirement Online. If you are already retired, visit our Death Benefit page for retirees for information about available death benefits and how to update your beneficiaries and their contact information.

Ordinary Death Benefit

Your ordinary death benefit would be payable to your beneficiaries if you die in active service (before retiring).

Post-Retirement Death Benefit

Most members of the Employees’ Retirement System (ERS) are covered by a post-retirement death benefit, which provides a one-time, lump sum payment to your beneficiaries if you die after retiring.

Accidental Death Benefit

Your accidental death benefit may be payable to certain beneficiaries if you die as a result of an on-the-job accident. The beneficiaries of this benefit are designated by law, and only those beneficiaries may receive this benefit — even if there is a DRO.

Loans

NYSLRS members who meet eligibility requirements can take out a NYLSRS loan by borrowing a percentage of their contribution balance. Even if you are eligible, a DRO may be written to prohibit you from taking future loans.

If you retire with an outstanding loan balance, your pension will be reduced. The ex-spouse’s share of the pension will also be reduced unless the DRO specifically states the ex-spouse’s share should be calculated without reference to outstanding loans.

Contribution Refunds

Occasionally, NYSLRS may refund a member’s contributions because of a tier reinstatement, membership withdrawal or membership transfer. Some members are eligible to make voluntary contributions and withdraw them as excess contributions. Generally, if a DRO doesn’t mention a contribution refund, the member will receive the full amount.

For More Divorce Information

Visit our Divorce and Your Benefits page for more information, including how divorce can affect service credit, disability benefits or cost-of-living adjustments.

Divorce and Your Pension — Part 1

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In New York State, retirement benefits are marital property and can be divided when a marriage ends. Your pension could be affected in any of the following ways as a result of a divorce:

Your ex-spouse may be entitled to a portion of your pension.
You may be required to name your ex-spouse as the beneficiary of any death benefit.
You may be required to choose a pension payment option that provides a continuing benefit to your ex-spouse when you die.
Your ex-spouse may be entitled to a portion of your cost-of-living adjustment (COLA).

How Your Pension Can Be Divided in a Divorce

The most common method for dividing pension benefits is known as the Majauskas Formula, which gets its name from a case decided by the State Court of Appeals. This formula gives your ex-spouse one-half of the portion of your pension earned during the marriage.

How the Majauskas Formula Works

Dividing Your Pension in a Divorce - the Majauskas Formula

Example of the Majauskas Formula

Other Ways to Divide Pension Benefits

The Majauskas formula is not required, and there are other ways to divide pension benefits such as using:

A hypothetical retirement benefit. NYSLRS can calculate a hypothetical pension using your final average earnings and service credit as of a specific date and then determine the ex-spouse’s share based on the terms of the divorce.
A flat percentage. Your ex-spouse can receive a specified percentage of your pension different from the percentage derived from the Majauskas formula.
A flat dollar amount. This option is commonly used if you have retired and you are already receiving monthly pension payments.

Formalizing the Division of Your Pension After a Divorce

Once the terms of your divorce are finalized, a judge issues a final judgment of divorce. If your ex-spouse will receive a share of your pension, a Domestic Relations Order (DRO) is needed. A DRO is a court order specifying how retirement benefits should be divided.

NYSLRS must have an approved DRO on file to make pension payments to an ex-spouse — we cannot pay an ex-spouse based solely on a judgment of divorce or settlement agreement. It’s important to complete and file the DRO with NYSLRS in a timely manner, well before the member’s retirement date to avoid changes or delays in payments. Questions about the consequences of not filing a DRO on time should be addressed to an attorney.

If your ex-spouse is not awarded a portion of your pension benefits, a DRO does not need to be filed with NYSLRS.

Drafting and Filing a DRO

Draft a DRO. NYSLRS offers an online DRO template, which was developed with guidance from NYSLRS’ legal counsel and generates a customized DRO based on the information entered about the terms of the divorce. While its use is not required, DROs prepared using the NYSLRS template will be given priority review.

Get Your DRO Approved. A Supreme Court judge must sign the DRO and enter it as an official court document.

Submit Your DRO to NYSLRS. NYSLRS requires a certified copy of the signed DRO and proof of divorce, such as a copy of the judgment of divorce. NYSLRS legal staff will review the DRO to determine whether it complies with New York State Retirement and Social Security Law and applicable policies and procedures.

All Parties Notified. NYSLRS will send a letter to all parties notifying them whether the DRO has been accepted or rejected. If the DRO has been rejected, the letter will explain the reasons for rejection, and the DRO must be amended, approved and resubmitted to NYSLRS.

For More Information

Read our blog post about how divorce may affect your other NYSLRS benefits, and visit our Divorce and Your Benefits webpage for more information about how your pension may be affected and for additional guidance on DROs.

ERS Tier 3 and 4 Milestones

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When you join the Employees’ Retirement System (ERS), you are assigned a tier based on your date of membership. You are in:

Tier 3 if you joined July 27, 1976 through August 31, 1983.
Tier 4 if you joined September 1, 1983 through December 31, 2009.

Let’s look at the ERS Tier 3 and 4 milestones and how they affect your benefits.

Why Milestones Matter

As a NYSLRS member, you earn service credit for your paid public employment. Generally, one year of full-time work equals one year of service credit. As you earn service credit, you’ll reach career milestones that will make you eligible for certain benefits or for increases to your existing benefits. Understanding these milestones can help you plan for retirement.

Your ERS Tier 3 and 4 milestones and pension calculation depend on your retirement plan, so it is important to familiarize yourself with the details of your plan. Most ERS Tier 3 and 4 members are in the Article 15 retirement plan (named for a section of the New York State Retirement and Social Security Law). If you see Plan A15 listed in the ‘My Account Summary’ section of your Retirement Online account, you’re in this plan. For members not covered by the Article 15 retirement plan, visit our website to Find Your NYSLRS Retirement Plan Publication.

Important ERS Tier 3 and 4 Milestones

Here are some additional important milestones for Tier 3 and 4 members in the Article 15 retirement plan:

With ten years of service credit, you can apply for a non-job-related disability benefit if you are permanently disabled and cannot perform your duties because of a physical or mental condition.
With ten years of service credit, your beneficiaries may be eligible for an out-of-service death benefit if you leave public employment and die before retirement.
Ten years also marks the point when you are no longer able to withdraw your membership and receive a refund of your contributions if you leave public employment.
You are eligible to retire once you are age 55 and have five years of service credit. However, for most Tier 3 and 4 members, there would be reductions to your benefit if you retire before age 62 with less than 30 years of service credit.
You can retire with full benefits at age 62.
- If you retire with less than 20 years of service, your pension will equal 1.66 percent of your final average earnings (FAE) for each year of service.
- If you retire with 20 to 30 years of service, your pension will equal 2 percent of your FAE for each year of service.
- For each year of service beyond 30 years, you will receive 1.5 percent of your FAE.

Note: When you retire, your FAE will be based on the average of your three highest consecutive years of earnings. The law limits the FAE of all members who joined on or after June 17, 1971. Read our blog post, Calculating Your Final Average Earnings, for more information, including how your FAE will be calculated and limitations.

Most members can estimate their pension in Retirement Online. You can fine tune your estimate by entering your annual earnings and expected pay increases. You can also include any service credit you plan to purchase.

ERS Tier 5 Milestones

Why Milestones Matter

Your ERS Tier 5 milestones and pension calculation depend on your retirement plan, so it is important to familiarize yourself with the details of your plan. Most ERS Tier 5 members are in the Article 15 retirement plan (named for a section of the New York State Retirement and Social Security Law). If you see Plan A15 listed in the ‘My Account Summary’ section of your Retirement Online account, you’re in this plan. For members not covered by the Article 15 retirement plan, visit our website to Find Your NYSLRS Retirement Plan Publication.

Important ERS Tier 5 Milestones

Here are some additional important milestones for Tier 5 members in the Article 15 retirement plan:

With ten years of service credit, you can apply for a non-job-related disability benefit if you are permanently disabled and cannot perform your duties because of a physical or mental condition.
With ten years of service credit, your beneficiaries may be eligible for an out-of-service death benefit if you leave public employment and die before retirement.
Ten years also marks the point when you are no longer able to withdraw your membership and receive a refund of your contributions if you leave public employment.
You are eligible to retire once you are age 55 and have at least five years of service credit. However, for most Tier 5 members, there would be reductions to your benefit if you retire before age 62.
You can retire with full benefits at age 62.
- If you retire with less than 20 years of service, your pension will equal 1.66 percent of your final average earnings (FAE) for each year of service.
- If you retire with 20 to 30 years of service, your pension will equal 2 percent of your FAE for each year of service.
- For each year of service beyond 30 years, you will receive 1.5 percent of your FAE.

ERS Tier 6 Milestones

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If you joined the Employees’ Retirement System (ERS) on or after April 1, 2012, you are a Tier 6 member. Let’s look at the ERS Tier 6 milestones you will reach over the course of your public service career and how they will affect your benefits.

Why Milestones Matter

Your ERS Tier 6 milestones and pension calculation depend on your retirement plan, so it is important to familiarize yourself with the details of your plan. Most ERS Tier 6 members are in the Article 15 retirement plan (named for a section of the New York State Retirement and Social Security Law). If you see Plan A15 listed in the ‘My Account Summary’ section of your Retirement Online account, you’re in this plan. For members not covered by the Article 15 retirement plan, visit our website to Find Your NYSLRS Retirement Plan Publication.

Important ERS Tier 6 Milestones

Here are some additional important milestones for Tier 6 members in the Article 15 retirement plan:

With ten years of service credit, you can apply for a non-job-related disability benefit if you are permanently disabled and cannot perform your duties because of a physical or mental condition.
With ten years of service credit, your beneficiaries may be eligible for an out-of-service death benefit if you leave public employment and die before retirement.
Ten years also marks the point when you are no longer able to withdraw your membership and receive a refund of your contributions if you leave public employment.
You are eligible to retire once you are age 55 and have at least five years of service credit. However, for most Tier 6 members, there would be reductions to your benefit if you retire before age 63.
You can retire with full benefits at age 63.
- If you retire with less than 20 years of service, your pension will equal 1.66 percent of your final average earnings (FAE) for each year of service.
- If you retire with 20 years of service, your pension will equal 1.75 percent of your FAE for each year of service.
- For each year of service beyond 20 years, you will receive 2 percent of your FAE.

Note: A new law improves your pension benefits. When you retire, your final average earnings (FAE) will be based on the average of your three highest consecutive years of earnings, the same as members in other tiers. Read our blog post, Calculating Your Final Average Earnings, for more information, including how your FAE will be calculated and limitations.

Calculating Your Final Average Earnings

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As a NYSLRS member, you have a defined benefit plan that provides a lifetime pension when you retire. Your NYSLRS pension benefit amount will be determined by several factors, including your tier, service credit, and final average earnings (FAE).

When we calculate your pension, we find the consecutive years when your earnings were highest. These are usually your years of employment immediately before retirement, but they can be anytime in your career and do not need to match up with calendar years or fiscal years.

Update: Tier 6 Final Average Earnings Based on Highest Three Years

A new law improves the pension benefits of NYSLRS Tier 6 members. When you retire, your FAE will be based on the average of your three highest consecutive years of earnings, the same as members in other tiers.

These improvements apply to members who retire on or after:

April 1, 2024, for Police and Fire Retirement System (PFRS) Tier 6.
April 20, 2024, for Employees’ Retirement System (ERS) Tier 6.

Previously, your FAE was the average of your highest five consecutive years of earnings.

If you recently retired and the change applies to you, we have updated your pension calculation — you don’t need to contact us. The new law does not apply to members who retired before the dates above.

Understanding Final Average Earnings Limits

If your earnings increase significantly through the years used in your FAE, some of those earnings may not be used toward your pension.

Your limit depends on whether you’re an ERS or PFRS member and your tier. For most members, if the earnings in any 12-month period in your FAE exceed the average of the previous two years by more than 10 percent, the amount above 10 percent will not be included in your FAE calculation.

For more information, including limits for other tiers, visit our Final Average Earnings page.

Types of Earnings Included in Your FAE

The specific types of earnings included in your FAE calculation depend on your retirement plan and tier. Please check your plan publication for details.

In most cases, your FAE will include the payments listed below, if they are earned in the FAE period. (In some cases, restrictions may apply.)

Regular earnings (see earnings limit for Tier 6);
Overtime earned in the FAE period (see overtime limits for Tier 5 and overtime limits for Tier 6);
Compensatory overtime;
Holiday pay; and
Longevity payments (maximum of one per FAE year), if earned in the years used in the FAE calculation.

In most cases, the following payments will not be included in your FAE calculation:

Unused sick leave;
Payments made as a result of working your vacation;
Any form of termination pay;
Payments made in anticipation of retirement; and
Any payments made for time not worked.

Your Member Annual Statement is Online Now

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Your 2024 Member Annual Statement is a snapshot of your NYSLRS account as of March 31, the end of the State Fiscal Year. Statements are now available in Retirement Online.

Members who opted to go paperless already received an email notifying them their Statement is available in their Retirement Online account. If you did not change your delivery preference to email, your Statement will be mailed to you by the end of June.

Reminder for retirees: Retiree Annual Statements were sent in February and are available online.

Access Your Member Annual Statement

Whether you chose email delivery or not, you can access your Statement in your Retirement Online account now.

Sign in to Retirement Online.
Click the “View My Member Annual Statement” button.
Follow the prompts.

Your Member Annual Statement is Online Now

Review your Statement carefully to make sure it’s correct.

You can use Retirement Online to:

Update your contact information.
Change your last name.
Manage your beneficiaries and update their contact information.

Visit our Member Annual Statement page if you have questions or need to correct other information in your Statement, such as the earnings reported to us by your employer or your date of birth.

Next Year Don’t Wait for the Mail

Your Statement becomes available online in early May each year. Get yours faster and help us ‘go green’ — update your delivery preference now to receive an email as soon as next year’s Member Annual Statement is available online, instead of waiting to receive it in the mail.

Sign in to Retirement Online.
Click “update” next to ‘Member Annual Statement by.’
Choose “email” from dropdown.

Sign in to Retirement Online for Up-to-Date Information

For the most up-to-date information year-round, sign in to Retirement Online. If you don’t already have an account, you can learn more or register today.

Estimate Your Pension Benefit. Your Statement may include one or more projections of your monthly retirement benefit. In Retirement Online, most members can create customized benefit estimates and calculate their pension payment options and enter different retirement dates and beneficiaries to see how your choices affect your potential benefit.
Review Employment History and Service Credit. You can view your recent employment history, reported earnings for the past five years and current total estimated service credit in Retirement Online. If you think you may be eligible for past service that’s not included in your employment history, you can request to purchase that service credit. Make sure to buy past service credit as soon as possible.
Manage Loan Balances or Apply for a Loan. Check Retirement Online for your current loan balance on any existing loans and manage your loan payments. It’s also the fastest and easiest way to apply for a loan with NYSLRS. You can see how much you are eligible to borrow, what the repayment amount would be and if your loan will be taxable.

If you need help with Retirement Online, read our Retirement Online Tools and Tips blog post.