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Special 20- and 25-Year Plans

For PFRS Tier 2, 3 (Article 11), 5 and 6 Members, (Sections 384, 384-d and 384-e)

Divorce

Special 20- and 25-Year Plans
For PFRS Tier 2, 3 (Article 11), 5 and 6 Members
(Sections 384, 384-d and 384-e)

Divorce can affect your retirement benefits. The New York State Court of Appeals has determined that retirement benefits are marital property and can be divided between you and your ex-spouse when the marriage ends. This means that:

  • Your ex-spouse may be entitled to a portion of your pension.
  • You may be required to name your ex-spouse as beneficiary of any pre-retirement death benefit payable.
  • You may be required to elect 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 COLA.

Any such division of your benefits must be stated in the form of a domestic relations order (DRO), which is a legal document that gives us specific instructions on how your retirement benefits should be divided when you retire, die or terminate your membership. We will also need a certified copy of your divorce decree.

NYSLRS offers an easy-to-complete, online DRO template. You don’t have to use the template, but because the review process is simplified for submissions using the DRO template, we can complete our review faster if you use it.

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 divorce agreement. As of July 7, 2008, beneficiary designations for certain death benefits and pension payment options are automatically revoked when a divorce, annulment or judicial separation becomes final. Affected benefits include:

  • Ordinary death benefit (for active members);
  • Post-retirement death benefit;
  • Cash Refund — Contributions pension payment option (Tiers 2 and 3);
  • Five and Ten Year Certain pension payment options;
  • Survivor’s benefit for retirees who choose the Single Life Allowance pension payment option; and
  • Certain alternative pension payment options.

For more information about our online DRO template and how divorce may affect your retirement benefits, please visit our Divorce and Your Benefits page. If you have questions, you or your legal representative should email our Matrimonial Bureau at [email protected].