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1099-R Tax Forms Available Online

1099-R Tax Forms Available Online

1099-R Tax Forms Available OnlineTax season is here. If you received a distribution of retirement benefits from NYSLRS last year and need to report it as income on your taxes, you don’t have to wait for the mail—1099-R tax forms are available online.

While NYSLRS pensions are not subject to New York State or local income tax, most are subject to federal income tax.

Beneficiaries who received a death benefit and members who took a taxable loan or withdrew their contributions may also be subject to federal income tax.

If NYSLRS is required to report your distribution to the Internal Revenue Service (IRS), we provide a 1099-R tax form to you for filing your taxes.

We distribute 1099-R tax forms annually based on your delivery preference:

  • Mail: We mail printed 1099-Rs by January 31. (Note: The default delivery preference is mail.)
  • Email: We make 1099-Rs available in Retirement Online sooner than printed copies are mailed—we will notify you by email in mid-January. (Note: You will not receive a printed 1099-R in the mail.)

Use Retirement Online to Get Your 1099-R

To view, save or print your 1099-R:

  • Sign in to Retirement Online.
  • Look under My Account Summary.
  • Click Manage My 1099-R Tax Forms button.
  • Select an option from Year dropdown. (Note: 2025, 2024 and 2023 are currently available online.)
  • Click Generate button.

If you have one 1099-R, the document will open in a new browser tab. If you have more than one 1099-R, the documents will compile into a zip file and download on to your computer. Go to your Downloads folder and double-click on the zip file to access the documents.

Please check your browser settings and disable pop-up blockers to ensure your 1099-R can be generated. By default, your browser may block pop-ups, which may prevent a new tab from opening or the file from downloading.

If you don’t have an account or for help signing in to an existing account, check out our Retirement Online Tools and Tips , for step-by-step instructions to register, reset your password, unlock your account and more.

Understanding Your 1099-R

Your tax form includes:

  • The total amount (before taxes and deductions) paid to you for the year indicated on the form.
  • The taxable portion of your benefit.
  • The amount of federal income tax withheld for the year indicated on the form and paid to the IRS on your behalf.

For more information, check out our interactive 1099-R guide. It walks you through a sample and offers a short explanation of each box on the form.

Get an Email Notification When 1099-R Tax Forms Are Available Online

You can get your 1099-R online sooner than printed copies are mailed. Update your delivery preference to email and when your 1099-R is available, we’ll send an email notifying you to sign in to Retirement Online.

  • Sign in to Retirement Online.
  • Look under My Profile Information.
  • Click update next to ‘1099-R Tax Form Delivery by.’
  • Choose Email from dropdown.

Be sure the email address listed in your Retirement Online account is current.

Note: If you choose email as your delivery preference, you will not receive a printed copy in the mail.

join NYSLRS

Join NYSLRS

Most State and municipal employees are required to join the New York State and Local Retirement System (NYSLRS) when they are hired. But for some employees, membership is optional, meaning you are not automatically enrolled. To join NYSLRS, you must submit a membership application to your employer, who will then enroll you in NYSLRS. It’s important to understand the valuable benefits of NYSLRS membership and why you should join as soon as possible.

join NYSLRS

Whose Membership is Optional or Mandatory

Membership is optional if:

  • You work less than 12 months per year, including 10-month school employees working full-time;
  • You work less than 30 hours per week or less than the number of hours for full-time employment, as established by your employer for your position;
  • You are in a temporary or provisional position (under Civil Service Law); or
  • Your annual compensation is less than New York State’s minimum wage multiplied by 2,000 hours.

Membership is mandatory if:

  • You are in a permanent, full-time, 12-month position of an employer who participates in NYSLRS; and
  • You are in a full- or part-time position covered by the Police and Fire Retirement System (PFRS), such as police officers and firefighters.

If you aren’t sure whether you’re a member, your employer should be able to let you know. Contact us if you have questions.

Benefits of Joining NYSLRS

NYSLRS is one of the largest retirement systems in the world, administering benefits for more than 1.2 million members, retirees and beneficiaries.

If you aren’t sure whether to join NYSLRS, here are the advantages:

  • Your NYSLRS pension is a defined benefit plan. When you retire, you will receive a monthly pension payment for the rest of your life. Once you reach retirement age, you can retire with as few as five years of service credit (part-time service is pro-rated).
  • You can request additional service credit for your public employment before joining NYSLRS or if you served in the U.S. Armed Forces and received an honorable discharge from active military duty.
  • You can transfer service if you are still a member of another public retirement system in New York State.
  • You can reinstate service if you withdrew your membership in NYSLRS or another public retirement system in New York State.
  • You can take a loan against your retirement contributions once you meet eligibility requirements.
  • NYSLRS retirement plans provide death and disability retirement benefits.

Nearly 3,000 employers participate in NYSLRS, allowing you to continue your membership if you take a job at another New York State public employer. And if you decide to leave public employment before you have ten years of service credit, you can withdraw your contributions plus interest or roll over your contributions into another retirement savings plan.

NYSLRS Membership Basics

Once you join and become a NYSLRS member:

Don’t Delay Joining

It’s important to join NYSLRS at the start of your employment. If you don’t join right away, you can purchase service credit for your public employment from before you became a member, but it will cost more—6% of your earnings plus interest rather than contributing a percentage based on your earnings. Also, while you can request previous service credit and pay for the cost at any time, you must earn two years of service credit as a NYSLRS member before your purchased service can be credited.

Get Credit for All Your Public Service

Because service credit is a major factor in calculating your pension benefit, it’s important to make sure you get credit for all your public service. Once you join NYSLRS, you should request any additional service as early in your career as possible.

  • NYSLRS will need time to request records from your previous employer or retirement system.
  • The sooner you purchase your credit, the less it will generally cost.
  • Requesting early gives you time to pay for additional service.

Your request will be reviewed to determine your eligibility. We will send you a letter with the amount of service credit you are eligible to receive if you choose to purchase it, the cost and payment options. There are certain situations where purchasing additional service credit will not increase your pension. For more information, read about whether should you purchase additional service credit.

applying for retirement

Applying for Retirement

When you’re ready, Retirement Online makes applying for retirement fast and convenient. There are no forms to mail in and nothing to have notarized. When you apply online, you’ll be able to:

  • See estimates of your pension for the payment options available to you.
  • Upload documents while applying or after submitting your application.
  • Submit changes to your application quickly and easily if needed.

For more information, visit our Preparing and Applying for Retirement page.

applying for retirement

Use Retirement Online to Apply for Retirement

To get started:

Choose Your Retirement Date

Your date of retirement is up to you! Keep in mind:

  • You must apply at least 15 days but no more than 90 days before your chosen retirement date.
  • You must stop working and be off your employer’s payroll on your retirement date (your last day on payroll must be no later than the day before your retirement date).
  • Your date of retirement can be a weekend or holiday (for example, if your last day of work is a Friday your retirement date can be Saturday).

Select Your Pension Payment Option

You can choose from several pension payment options, all of which provide you with monthly pension payments for the rest of your life. The Single Life Allowance provides the maximum amount, but upon your death, payments will stop—there will be no continuing payments to a beneficiary, even if you die soon after retiring. Or, you can choose to receive a reduced monthly pension payment to provide for:

Enter Federal Tax Withholding Information

Most NYSLRS pensions are subject to federal income tax, and NYSLRS is required to withhold federal income tax from your pension benefit at the default withholding status of “single with no adjustments” unless you inform us otherwise. Enter federal tax withholding information to adjust the amount withheld.

Note: NYSLRS pensions are not subject to New York State or local income tax. However, if you permanently move to another state, that state may tax your pension.

Sign Up for Direct Deposit

With direct deposit, your pension payment will be deposited directly into your bank account on the last business day of each month. It’s fast, convenient and secure. Save time and set up direct deposit pension payments when you apply for retirement by entering your bank account number and routing number.

If you have a joint account holder on your bank account, you’ll need to print and complete the Electronic Funds Transfer Direct Deposit Enrollment Application (RS6370) and have your joint account holder sign the form. It’s best to do this in advance so you can upload the completed form while adding your direct deposit information in Retirement Online. However, you can upload the completed form later.

Upload Proof of Date of Birth

You must submit proof of your date of birth before any pension benefits can be paid. If you select a pension payment option that provides a lifetime pension benefit to a beneficiary upon your death, you must submit proof of your beneficiary’s date of birth as well.

Upload one of the following acceptable documents:

If you don’t have one of these documents available when you apply online, you can submit them later. However, if your submission is not timely, your first payment may be delayed.

Pay Off Outstanding Loans and Service Credit Purchases

If you haven’t done so already:

  • Pay off your NYSLRS loan.
  • Pay off service credit purchases.

Review Your Employment History and Service Credit

You’ll see which employers reported service credit for you. Review your employment history and add any missing public employment.

You can request additional service credit for previous employment or military service, or you can request a transfer or tier reinstatement when you apply to retire. However, remember it’s best to make these requests well before you apply.

One Exception—Disability Retirement

You may be eligible for a disability retirement benefit if you are permanently disabled and cannot perform your duties because of a physical or mental condition. Applications for disability retirement can’t be submitted in Retirement Online. If you are applying for a disability retirement, you must submit a paper application. Visit our Disability Benefits page for more information.

For Benefit Information, Read Your Retirement Plan Publication

Your service and disability retirement benefits and death benefits are based on your tier, retirement plan, service credit, and other factors. For comprehensive information about your retirement benefits and how your pension will be calculated, find your NYSLRS retirement plan publication.

preparing for retirement

Preparing for Retirement

Retirement is a big step, and we want to make sure you’re ready when the time comes. Read on for guidance on preparing for retirement, including topics to consider as you plan and actions to take.

preparing for retirement

Understand Your NYSLRS Pension

Your NYSLRS pension will be based on your tier, service credit, final average earnings and your retirement plan. For most members, age is also an important factor in your NYSLRS benefits.

Find your retirement plan publication for comprehensive information about your retirement benefits and how your pension will be calculated.

Get Credit for All Your Public Service

Service credit is one of the major factors in calculating your pension benefit, so it’s important to make sure you get credit for all your public service. You may be able to request additional service credit if you:

  • Worked for your current or another public employer before joining NYSLRS; or
  • Served in the U.S. Armed Forces and received an honorable discharge from active military duty.

Or you may be able to:

  • Transfer service: If you are still a member of another New York State public retirement system.
  • Reinstate service: If you withdrew your membership in NYSLRS or another New York State public retirement system.

You must submit your request before retirement, and you should do it as early in your career as possible. NYSLRS will need time to request records from your previous employer or retirement system, and requesting early also gives you time to pay for additional or reinstated service. Also, the sooner you purchase your credit, the less it will generally cost.

Pay Off Service Credit Purchases

If you requested additional service credit for previous public employment or military service and you received a cost letter, make sure you’re on track to pay off your service credit purchase before you retire.

  • You won’t receive credit for optional service that is not paid off when you retire.
  • If you are in the process of paying for mandatory service credit (for example, from a reinstated membership or if insufficient contributions were made to NYSLRS) and it’s not paid off by your date of retirement, your pension will be permanently reduced.

Sign in to Retirement Online to check your service credit purchase balance, make a lump sum payment or increase your payroll deduction amount.

Pay Off Your NYSLRS Loan

It’s important to understand the implications of retiring with an outstanding loan. Your pension will be permanently reduced, and in most cases, you’ll need to report at least some portion of the loan balance as income to the Internal Revenue Service (IRS). If you retire before age 59½, the IRS may also charge an additional 10% penalty.

To ensure you’re on track to pay off your loan before you retire, sign in to Retirement Online to check your balance, make a lump sum payment or increase your payroll deduction amount.

Estimate Your Pension

Finding out how much you can expect to receive is a critical step in preparing for retirement. Most members can estimate their pension using Retirement Online in just a few quick and easy steps.

Retirement Online uses your current earnings and service information to calculate your estimate, including your final average earnings (FAE) and the amounts for the pension payment options available to you. You can fine-tune your estimate or see how different choices would affect your benefit.

Remember, the amounts are estimates, not a guarantee of what you’ll receive when you retire.

Understand How Divorce May Affect Your Pension

In New York State, pensions and retirement benefits earned during the marriage may be marital property and can be divided when a marriage ends. Divorce can affect your pension and other retirement benefits in the following ways:

  • 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).

Any division of pension and retirement benefits must be stated in the form of a Domestic Relations Order (DRO)—a court order issued after a final judgment of divorce which specifies how benefits should be split.

It’s important to complete and submit your DRO to NYSLRS well before you apply for retirement to avoid changes or delays in your pension payments.

Check Your Eligibility for the Sick Leave Benefit

To be eligible for the Sick Leave Benefit, your employer must have adopted Section 41(j) of the Retirement and Social Security Law (RSSL) for ERS members or 341(j) of the RSSL for PFRS members. If your employer has chosen to offer this benefit, you may receive service credit for unused, unpaid sick leave at retirement.

To check if this benefit is available to you, ask your employer or sign in to Retirement Online and look for Sick Leave Eligibility.

To receive this benefit, you must retire directly from public service or within a year of leaving. The additional service credit for your unused, unpaid sick leave, up to a certain limit, will be added to your total years of service when calculating your pension benefit. However, it cannot be used to:

  • Qualify for vesting. For example, if you have four years and ten months of service credit and you need five years to be vested, your sick leave credit cannot be used to reach the five years.
  • Qualify for a better retirement benefit calculation. For example, if you have 19 ½ years of service credit but your pension calculation will improve substantially if you have 20 years, your sick leave credit cannot be used to reach the 20-year calculation.
  • Meet the service credit requirement for a special 20- or 25-year plan.
  • Increase your pension beyond the maximum allowed under your retirement plan.

Review Your Health Insurance Coverage

NYSLRS does not administer health insurance programs. When you’re nearing retirement, you should check with your employer’s human resources or personnel office or your health benefits administrator to determine your eligibility for health insurance coverage during retirement. If your former employer instructs us to do so, we will deduct health insurance premiums from your monthly pension payment, but NYSLRS cannot answer questions about coverage or changes in premium amounts.

For employees of a New York State agency and for employees of some participating local governments or school districts, the New York State Department of Civil Service will administer your health benefits under the New York State Health Insurance Program (NYSHIP) once you retire.

If you are eligible to use your unused, unpaid sick leave to offset the cost of NYSHIP, payment towards your health insurance coverage will not affect your eligibility for the Sick Leave Benefit. 

Schedule a Pre-Retirement Consultation

Before you apply for retirement, you may want to consider scheduling a pre-retirement consultation where you can speak with one of our representatives to review your benefits and ask any questions you may have.

Ready to Apply for Retirement?

When you’re ready, Retirement Online makes it fast and convenient to apply for retirement. There are no forms to mail in and nothing to have notarized. You’ll see an estimate of your pension, including the amounts for the pension payment options available to you. You’ll also be able to upload documents while applying or after submitting your application. And if you need to update your application, you can quickly and easily submit changes. But before applying, visit our Preparing and Applying for Retirement page for an overview of the retirement application so you know what to expect and what information you’ll need to submit.

Taxes and Your NYSLRS Loan

If you’re thinking about borrowing against your retirement contributions, it’s important to understand whether your NYSLRS loan will be subject to taxes before you apply. Once you submit a loan application and we issue a check, you cannot return an uncashed check, and the loan fee is nonrefundable.

Determining the Taxability of Your NYSLRS Loan

When you apply for a NYSLRS loan, all your existing NYSLRS loans and any loans against other retirement plans will be used in calculating the taxability of a new NYSLRS loan. If you participate in another retirement plan offered through your employer, you must disclose existing loans and the contribution balances for the following types of plans:

  • Deferred compensation plan (457)
  • Tax sheltered annuity plan (403-b)
  • Qualified annuity plan (403-a)
  • Qualified trust (401)

If You Have Existing NYSLRS Loans

If you have one or more NYSLRS loans and are considering another loan, you’ll have two options:

  1. Multiple loans. With multiple loans, you would take out a new loan in addition to your existing loan(s). Each loan would have separate 5-year terms and minimum payments. The minimum payments for all your loans would be combined into one total repayment amount, which would be higher than the minimum payment for a refinanced loan. However, your total minimum payment would decrease as you pay off each loan.
  2. Refinance your existing loan. With refinancing, your new loan would be consolidated with the balance of your existing loan(s) into a single loan for the entire amount. The total loan amount would be spread over a new 5-year term with one minimum payment, which would be lower than the total minimum payment for multiple loans. However, refinancing would increase how much of your loan is considered a taxable distribution, which would either subject the loan to federal taxes or significantly reduce the amount of the loan to avoid any tax implications.

Understanding the Impact on Your Taxes

While a NYSLRS loan is exempt from New York State and local income taxes, it may be subject to federal taxes. If your loan exceeds certain limits, the Internal Revenue Service (IRS) will consider all or part of it as a “deemed distribution from a qualified retirement plan.” In other words, you will have to claim all or part of your loan as taxable income when you file your taxes the next year.

NYSLRS is also required to withhold a percentage of the loan for federal taxes, which will reduce the amount you receive. The tax withholding depends on your citizenship, so the loan application asks if you are a U.S. citizen, resident alien or non-resident alien. However, the amount withheld may not cover the total amount you will owe the IRS. For example, if you take a taxable loan before you turn 59½, the IRS may charge an additional 10 percent tax penalty.

If you take a taxable loan, we’ll mail a 1099-R by January 31 of the following year to file with your taxes.

Remember: Even if a portion of your loan goes to the IRS, you’ll still have to repay the entire amount, plus interest, to NYSLRS.

We recommend that you speak to a tax advisor or a NYSLRS customer service representative before taking a taxable loan. For more information about taking a loan from NYSLRS, visit our Loans: Applying and Repaying page.

Ready to Apply for a NYSLRS Loan?

Taxes and Your NYSLRS LoanRetirement Online is the fastest and most convenient way to apply for a NYSLRS loan. When you use Retirement Online, NYSLRS receives your application immediately and can process your loan more quickly. Retirement Online will also let you know how much you can borrow, your repayment options and whether your loan is taxable.

If you don’t have an account or for help signing in to an existing account, check out our Retirement Online tools and tips for step-by-step instructions to register, reset your password, unlock your account and more.

Making Loan Payments if You Leave Public Employment

When you apply for a NYSLRS loan, you choose a repayment amount and your employer deducts your payments from your earnings. If you leave public employment or go off payroll before retiring (for example, a furlough, leave of absence or termination), you’ll need to make loan payments directly to NYSLRS at least quarterly and repay the loan within five years to avoid defaulting. 

(Note: If you are planning to retire soon and you have an outstanding NYSLRS loan, it’s important to understand the implications of retiring with an outstanding loan.)

Making Loan Payments

If you leave public employment, contact us as soon as possible so we can tell you the amount you’ll need to repay each quarter. You are responsible for the repayment of your loan.

Use Retirement Online

Even if you go off the public payroll, Retirement Online is the fastest and most convenient way to manage your loan payments. You can make additional payments or pay your loan in full at any time with no prepayment penalties.  

If you don’t already have an account or for help signing in to an existing account, check out our Retirement Online tools and tips for step-by-step instructions to register, reset your password, unlock your account and more.

Pay by Check or Money Order

Make your check or money order payable to the New York State and Local Retirement System and write “loan payment” and your NYSLRS ID on your check so we can ensure it’s applied to the correct account.

Mail payments to:

NYSLRS
Attn: Accounts Receivable
110 State Street
Albany, NY 12244-0001

Making Loan Payments if You Leave Public Employment

Defaulting on Your Loan

If you fail to make quarterly payments or you do not repay your loan within five years, your loan will go into default.

If you default on your loan:

  • We’re required by law to report your outstanding loan balance to the Internal Revenue Service (IRS) as a taxable distribution to you.
  • You must include the loan on your federal income tax return for the year the loan defaults. We’ll mail a 1099-R by January 31 of the following year to file with your taxes.
  • If you are younger than 59½ in the year the loan defaults, the IRS may charge an additional 10 percent tax penalty.
  • You still owe NYSLRS the amount of the outstanding loan, which will continue to accrue both interest and insurance charges until it is paid in full. If you retire with the outstanding loan, your pension will be reduced. If you withdraw your NYSLRS membership, we will deduct the outstanding loan balance from the refund of your contributions.

Note: Defaulted loans do not appear on your credit history.

For More Information

For more information about your NYSLRS membership and benefits if you leave public employment before you are eligible to retire, read our blog post, Know Your Benefits: What If I Leave Public Employment.

For more information about NYSLRS loans, visit our Loans: Applying and Repaying page.

Applying for a NYSLRS Loan in Retirement Online

If you are eligible to borrow against your retirement contributions, Retirement Online is the fastest and most convenient way to apply for a NYSLRS loan.

Eligibility is based on your tier. Generally, you’ll need to be on the payroll of a participating employer, have at least one year of service credit and have the required minimum contributions in your account. (Note: Retirees are not eligible for NYSLRS loans.)

Applying for a NYSLRS Loan in Retirement Online

Retirement Online is the Fastest Way to Apply

When you use Retirement Online, NYSLRS receives your application immediately and can process your loan more quickly.

To get started:

If you don’t have an account or for help signing in to an existing account, check out our Retirement Online tools and tips for step-by-step instructions to register, reset your password, unlock your account and more.

As you work your way through the online application, you’ll see:

  • How much you are eligible to borrow with or without tax implications;
  • The minimum repayment amount; and
  • The expected payoff date.

For Tier 3–6 members, there’s a service charge of $45, which is deducted from your loan check when it is issued.

The current interest rate, which is fixed for the term of your loan, is 5 percent.

NYSLRS loans are exempt from New York State and local income taxes. However, a NYSLRS loan would be subject to federal taxes if it exceeds certain limits. Retirement Online will show you the maximum you can borrow without tax implications.

If you apply for a loan and already have one or more existing loans, you’ll have two options:

  1. Multiple loans. With multiple loans, you would take out a new loan in addition to your existing loan(s). Each loan would have separate 5-year terms and minimum payments. The minimum payments for all your loans would be combined into one total repayment amount, which would be higher than the minimum payment for a refinanced loan. However, your total minimum payment would decrease as you pay off each loan.
  2. Refinance your existing loan. With refinancing, your new loan would be consolidated with the balance of your existing loan(s) into a single loan for the entire amount. The total loan amount would be spread over a new 5-year term with one minimum payment, which would be lower than the total minimum payment for multiple loans. However, refinancing would increase how much of your loan is considered a taxable distribution. To avoid any tax implications when refinancing, the amount of your new loan would be significantly less than taking out multiple loans.

When Will I Receive My Loan Check?

NYSLRS mails loan checks once a week. To check the status of your loan application:

If your case status is Closed before close of business on Wednesday, your check will be in the mail that Friday.

You will also receive a confirmation letter when your loan case is complete. In your Retirement Online account, click the Find Documents link to search for correspondence.

Repaying Your NYSLRS Loan

Loan payments are deducted from your paycheck. After you receive your loan check, you should review your pay stub to confirm that your employer has started payroll deductions and is deducting the correct repayment amount.

If you choose to repay the minimum amount, the payment may increase periodically to ensure you repay the loan within the required 5-year period.

You can increase your payroll deduction amount, make additional payments or pay your loan in full at any time with no prepayment penalties. Repaying your loan sooner will reduce the total amount of interest you’ll pay on the loan. 

Retirement Online is the fastest and most convenient way to manage your loan payments.

If you go off payroll, you must continue to make loan payments directly to NYSLRS and pay off your loan within the 5-year period. Otherwise, you will default on your loan. For more information, read our blog post about making loan payments if you leave public employment.

Retiring With an Outstanding NYSLRS Loan

If you retire with an outstanding loan, your pension will be permanently reduced. In most cases, you’ll need to report at least some portion of the loan balance as income to the Internal Revenue Service (IRS). If you retire before age 59½, the IRS may also charge an additional 10 percent penalty.

If you are close to retirement, use Retirement Online to check your loan balance and make sure you’re on track to repay your loan before you retire.

Note: Employees’ Retirement System (ERS) members can repay their loan after retiring. If you choose to pay back your loan after you retire, you must pay the full amount of the outstanding balance that was due when you retired in a single lump sum payment. Following full repayment, the reduction would be removed, and your pension benefit would increase going forward—the adjustment would not be retroactive to your date of retirement.

For More Information

For more information about NYSLRS loans, visit our Loans: Applying and Repaying page.

Divorce and Your Other NYSLRS Benefits—Part 2

divorce and your other nyslrs benefitsWe’ve written about how divorce may affect your pension. However, divorce can also impact your other retirement benefits.

If your ex-spouse will receive a share of your pension and other retirement benefits, NYSLRS must have an approved Domestic Relations Order (DRO) on file. A DRO is a court order specifying how benefits should be divided. It’s important to complete and file the DRO with NYSLRS well before your 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.

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.

Ordinary Death Benefit

If you die in active service (before retiring), your beneficiaries may be entitled to an ordinary death benefit.

Accidental Death Benefit

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

Post-Retirement Death Benefit

If you die after retiring, you may be covered by a post-retirement death benefit, which provides a one-time, lump sum payment to your beneficiaries.

Your Beneficiaries

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 update your beneficiaries and choose additional beneficiaries for the remainder of any benefits. However, if you do not update your beneficiary designations or if your beneficiary designations conflict with the terms of the DRO, the DRO will take precedence.

Retirement Online is the fastest and most convenient way to view and update your beneficiaries.

For more information about death benefit beneficiaries, read our blog post—Your Death Benefit Beneficiaries. Or, if you are retired or planning to retire soon, read Can You Change Your Beneficiary After You Retire?

Loans

Eligible NYSLRS members may take out a NYLSRS loan against their retirement contributions. However, 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 your service credit, disability benefits or annual cost-of-living adjustment.