If the ex-spouse waives their interest in a member’s pension benefit after a DRO has been filed with NYSLRS, the parties must return to court to obtain a Vacating Order. A signed agreement or a notarized letter signed by the parties is not sufficient to vacate a DRO.

NYSLRS requires that the Vacating Order include the date on which the original DRO was signed and language specifically vacating that DRO. In addition, a Vacating Order served after retirement cannot change any pension payment option election required by the prior DRO. If an option election was required by the prior DRO, the Vacating Order must acknowledge that it remains in effect.

Please note that the court may have additional requirements for the contents of a Vacating Order.

Rev. 2/23