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Divorce and Your Pension

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One aspect of retirement planning some members may not consider is how a divorce may affect their pension benefit. In New York State, retirement benefits earned by NYSLRS members are considered marital property. So, if you get a divorce, a judge may award your ex-spouse part of your pension. The process for dividing retirement assets after a divorce is complicated, but here is some basic information.

Dividing Pension Benefits After a Divorce

A commonly used formula for distributing pension benefits, established by the State Court of Appeals (the Majauskas formula), provides an ex-spouse with a portion of your pension based on half of the service credit you earned while you were married.

For example, let’s say you worked in your public-sector job for 10 years before you married. Then you got married continued working in public service for another 20 years, and then divorced. After the divorce, you continued working in public service for an additional 10 years. You’d have 40 total years of service credit, but only 20 years of your service was earned during your marriage. Under the Majauskas formula, your ex-spouse would be entitled to the proceeds of half of the service credit you earned during the marriage (10 years of service), or a quarter of your pension.

Other ways to divide pension benefits include a flat dollar amount, a benefit based on a specific date or a flat percentage of the benefit.

divorce and your pension

Domestic Relations Orders

To divide your retirement benefits after a divorce, NYSLRS needs a Domestic Relations Order (DRO). This court order, issued after a final judgment of divorce, gives us specific instructions on how your benefits should be split.

If your pension benefits will be affected by divorce, your DRO should be submitted to the Retirement System before you apply for retirement. We require a certified copy of the DRO, and it must be signed by a Supreme Court judge and entered as an official court document. We also require proof of divorce, such as a copy of the judgment of divorce. Failure to submit your DRO before you retire could result in a delay of your pension payments or an overpayment to you, which would need to be recovered by NYSLRS.

Learn More

Divorce may affect other NYSLRS benefits as well. Read Divorce and Your Benefits for more information including formulas for determining an ex-spouse’s share, a template you can use to draft a DRO and how to avoid a rejected DRO.

Divorce Affects Other NYSLRS Benefits

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signing divorce documents

We’ve written here before about divorce and your pension and what a DRO is. However, NYSLRS members have other benefits besides their pensions. Divorce and DROs may affect some of them as well.

Ordinary Death Benefit

As with your pension, a DRO may direct you to designate your ex-spouse as a beneficiary for some portion of your ordinary death benefit. You should file the DRO with NYSLRS as soon as it’s officially accepted by the court. We will prepare a custom beneficiary form that complies with the DRO. Also be sure to choose additional beneficiaries for any remainder of the benefit and submit your changes to NYSLRS.

Post-Retirement Ordinary Death Benefit

Most Tier 2, 3, 4, 5 and 6 members of the Employees’ Retirement System (ERS) are covered by a post-retirement ordinary death benefit. A DRO may direct you to designate your ex-spouse as a beneficiary for some portion of the benefit. You should file the DRO with NYSLRS as soon as it’s officially accepted by the court. Be sure to contact us to choose additional beneficiaries as allowed by the DRO.

Loans

NYSLRS members who meet eligibility requirements can borrow a certain percentage of their contribution balance. DROs may be written to prohibit members from taking future loans.

Outstanding loan balances at retirement reduce retirees’ pension benefits. Unless a DRO specifically provides that the ex-spouse’s share of the pension be calculated without reference to outstanding loans, the ex-spouse’s portion will also be reduced if a NYSLRS loan is not paid off before retirement.

Refunds

Occasionally, NYSLRS may refund a member’s contributions because of a tier reinstatement, membership withdrawal, membership transfer or excess contributions. If the member is divorced and NYSLRS has a DRO on file, the DRO will determine whether a portion of the refund must go to the ex-spouse. Generally, if the DRO doesn’t mention a contributions refund, the member receives the full amount.

Keeping Your Ex-Spouse as Beneficiary

A divorce, annulment or judicial separation removes a member’s former spouse as beneficiary of certain death benefits and retirement options, except as provided by the divorce judgment or decree, or a DRO. So, if you have gone through a divorce, annulment or judicial separation and you do NOT have a DRO, you must resubmit your beneficiary designation to NYSLRS to retain your former spouse as a beneficiary.

The easiest way to do this is by using Retirement Online, our secure, self-service web application. You can also submit a Designation of Beneficiary form.

Your Checklist to Apply for Retirement

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After months of planning and preparation, you’re ready to apply for retirement. To get your NYSLRS  pension benefit, you need to send in an application. Let’s look at what you should include with the form to help make the retirement process go more smoothly.

Filling Out the Retirement Application

Unless you’re filing for a disability retirement, you’ll need to fill out the Application for Service Retirement (RS6037). As you fill out the form, make sure you:

  • Know your registration number. You can find it on your most recent Member Annual Statement or retirement estimate.
  • Know your past employment. To help ensure you receive the proper credit for your public service, please list your public employment history. Include any military service and memberships in other New York public retirement systems.
  • Include your beneficiary’s information. You won’t make an official beneficiary designation with this form, but including these details will help us give you specific amounts for the pension payment options  that offer a lifetime benefit for a beneficiary.
  • See a notary. The form must be filled out completely and signed by a notary public.

Proof of Birth

Make sure we have proof of your birth date. You can send it with your retirement application or before or after, but we cannot pay pension benefits without it. We accept photocopies of the following as proof:

Other Forms

Option Election

You’ll need to choose your pension payment option, or how you want your pension paid. Option election forms are available on our website, but we will also send you a form after we process your application. If you choose an option that provides your beneficiary a lifetime pension benefit when you die, you must provide proof of your beneficiary’s birth date.

Federal Income Tax Withholding

Your NYSLRS pension isn’t subject to New York State income tax, but it is subject to federal tax. You can fill out a W-4P form  any time to tell us how much to withhold from your monthly benefit. We don’t withhold income tax for other states. Visit the Retired Public Employees Association’s website to see whether your benefit will be taxed in another state.

Direct Deposit

Direct deposit is the fastest and most secure way to receive your pension benefits. You can enroll in our direct deposit program when you file for retirement. Just fill out a Direct Deposit Enrollment Application (RS6370), and return it to us.

Domestic Relations Order

If an ex-spouse is entitled to part of your pension, you should send us a copy of your domestic relations order (DRO) as soon as possible. The DRO gives us specific instructions on how to divide your benefits. We cannot finalize your pension until we review it and calculate the court-mandated distribution of your benefit. For more detailed information, please read our Divorce and Your Pension blog post.

Questions

If you have other questions about applying for retirement, read our publication, Life Changes: How Do I Prepare to Retire? or contact us.