New York State and Local Retirement System’s Domestic Relations Order

Draft a Domestic Relations Order (DRO)

Back to Draft a DRO — Overview and Instructions

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Please enter or revise the following information:

Is this DRO an amendment to an existing DRO?
Member Title
Member First Name
Member Last Name
Member Birthdate Month
Member Birthdate Day
Member Birthdate Year
Member Address — Street
Member Address — City
Member Address — Zip Code
Member Address — Valid Zip Code
Member Addres — Valid Plus-Four Code
Member Address
Member’s Current Employment Status
Member’s Retirement Date Month
Member’s Retirement Date Day
Member’s Retirement Date Year
Member’s Plan Participation
ERS Tier of Membership
PFRS Tier of Membership
Member’s Tier(s) of Membership
Alternate Payee’s Title
Alternate Payee’s First Name
Alternate Payee’s Last Name
Alternate Payee’s Birthdate Month
Alternate Payee’s Birthdate Day
Alternate Payee’s Birthdate Year
Alternate Payee’s Address — Street
Alternate Payee’s Address — City
Alternate Payee’s Address — Zip Code
Alternate Payee’s Address — Valid Zip Code
Alternate Payee’s Address — Valid Plus-Four Code
Alternate Payee’s Address
Plaintiff
Defendant
Plaintiff and Defendant cannot be the same person
Marriage Date Month
Marriage Date Day
Marriage Date Year
Date Divorce Commenced Month
Date Divorce Commenced Day
Date Divorce Commenced Year
Member’s Birthdate must precede Marriage Date
Alternate Payee’s Birthdate must precede Marriage Date
Marriage Date must precede Date Divorce Commenced
Date Divorce Commended must precede Divorce Date
Marriage Date must precede Divorce Date
NEED TO FILL IN ERROR MESSAGE
If Participant Retires Under a Service Retirement
If Participant Retires Under a Service Retirement — Member Birthdate must precede Service Accrued Start Date.
If Participant Retires Under a Service Retirement — Please enter a valid percentage between 1 and 100.
If Participant Retires Under a Service Retirement — Please use proper percentage formatting.
If Participant Retires Under a Service Retirement — Please enter a valid number of months, between 0 and 999.
If Participant Retires Under a Service Retirement — Service Accrued Start Date and Service Accrued End Date
If Participant Retires Under a Service Retirement — Service Accrued Start Date must precede Service Accrued End Date.
If Participant Retires Under a Service Retirement — Please use proper currency formatting.
If Participant Retires Under a Disability
Cost of Living Adjustments (COLA)
Pre-Retirement Ordinary Death Benefit
Pre-Retirement Ordinary Death Benefit — Please enter a valid percentage between 1 and 100.
Post-Retirement Ordinary Death Benefit
Post-Retirement Ordinary Death Benefit — Please enter a valid percentage between 1 and 100.
Option Election
Option Election — Please enter a valid percentage between 1 and 100.
Option Cost
Pop Up Feature
Payments to Alternate Payee
Payments to Alternate Payee — Effective Date
Arrears Owed to Alternate Payee
Arrears Owed to Alternate Payee — Please enter a valid currency value.
Loans
Return of Contributions or Withdrawal of Membership
Return Of Contributions or Withdrawal of Membership — Please enter a valid percentage between 1 and 100.
Partial Lump Sum (PLS)

Type of Document

Are you changing the terms of an existing Domestic Relations Order that has already been signed by a judge?

No (New Domestic Relations Order)
Yes (Amended Domestic Relations Order)

Member (Participant) Information:

Title *

First Name * i.e. Jane or John

Middle Name i.e. Anne or James

Last Name * i.e. Doe

Suffix i.e. Jr., Sr., I, II, or III

Date of Birth *

(Please provide copy of your birth certificate)

Social Security Number *

Country of Residence *

Address *

Street Address * i.e. 1 Park Ave

Street Address 2 i.e. Apt A

City * i.e. Albany

State *

Zip Code * - i.e. 12345-6789

Current Employment Status * Retired
Date of Retirement *
Not Retired

Member Plan of Participation Impacted by this DRO * New York State and Local Employees’ Retirement System (ERS)
New York State and Local Police & Fire Retirement System (PFRS)
Both ERS and PFRS (Member entitled to two separate pensions)

Alternate Payee entitled to distributions from both.
Alternate Payee entitled to distribution of ERS only.
Alternate Payee entitled to distribution of PFRS only.

Alternate Payee (former spouse) Information:

Title *

First Name * i.e. Jane or John

Middle Name i.e. Anne or James

Last Name * i.e. Doe

Suffix i.e. Jr., Sr., I, II, or III

Date of Birth *

(Please provide copy of your birth certificate)

Social Security Number *

Country of Residence *

Address *

Street Address * i.e. 1 Park Ave

Street Address 2 i.e. Apt A

City * i.e. Albany

State *

Zip Code * - i.e. 12345-6789

Divorce Information:

Plaintiff * Participant Alternate Payee

Defendant * Participant Alternate Payee

Date of Marriage *

Date Divorce Commenced *

Date of Divorce

(Please provide a photocopy of the signed judgment of divorce)

State of Jurisdiction Over DRO *

Please Note: Consent to New York State Jurisdiction and Release form is required for orders outside of New York State.

IF PARTICIPANT RETIRES UNDER A SERVICE RETIREMENT *

What is the formula the Retirement System must use to calculate the Alternate Payee’s monthly distribution?

% of a fraction, for which the numerator is months marital service, and the denominator is total service credited to Participant at retirement. For percentages: i.e. 9, 99, 99.9, 99.99; For months: i.e. 9, 99, or 999

months

Participant’s Total Service Credit at Retirement

Alternate Payee’s Share

% of a fraction, for which the numerator is credited service accrued between and , and the denominator is total service credited to Participant at retirement. Any enhanced service will be prorated and included into the numerator. For percentages: i.e. 9, 99, 99.9, 99.99

Credited service accrued between and

Participant’s Total Service Credit at Retirement

Alternate Payee’s Share

The Alternate Payee is entitled to a specific monthly dollar amount: $i.e. 99.99, 999.99, or 9,999.99
The Alternate Payee is entitled to a specific monthly percentage: i.e. 9, 99, 99.9, 99.99
The Alternate Payee is entitled to a share of a hypothetical pension based on the Participant’s salary and service levels in place at the time of the commencement date of the divorce action.

Please indicate the Alternate Payee’s percentage of the marital benefit: i.e. 9, 99, 99.9, 99.99

IF PARTICIPANT RETIRES UNDER A DISABILITY *

What is the formula the Retirement System must use to calculate the Alternate Payee’s monthly distribution if the Participant retires under a disability benefit?

Alternate Payee’s distribution will be calculated using a hypothetical service retirement based on Participant’s salary and service as of the date of disability (Participant’s disability portion is separate).
Alternate Payee’s distribution will be calculated using the lesser of a hypothetical service retirement based on Participant’s salary and service as of the date of disability (Participant’s disability portion is separate) OR Participant’s disability retirement.
Alternate Payee’s distribution will be calculated using Participant’s disability retirement allowance.

COST OF LIVING ADJUSTMENTS (COLA) *

Will the Alternate Payee be entitled to cost of living adjustments?

Alternate Payee is entitled to COLA during Participant’s lifetime (Based on statute the Retirement System cannot pay COLA to an Alternate Payee after the Participant dies).
Alternate Payee is not entitled to COLA.

PRE-RETIREMENT ORDINARY DEATH BENEFIT *

Will the Alternate Payee be entitled to an interest in any available Ordinary Death benefit that may become payable if the Participant’s death occurs prior to retirement?

Alternate Payee is entitled to a pro-rata share based on the formula above.
Alternate Payee is not entitled to a portion of this benefit.
Alternate Payee is entitled to a specific percentage: i.e. 9, 99, 99.9, 99.99

POST-RETIREMENT ORDINARY DEATH BENEFIT (available to Tier 2, 3, 4, 5 and 6 ERS members) *

Will the Alternate Payee be entitled to an interest in any available post-retirement Ordinary Death benefit that may become payable if the Participant’s death occurs after to retirement?

OPTION COST *

All retirement option elections, other than the Single Life Allowance option, are reduced by a monthly cost to provide payment to the Participant’s designated option beneficiary. Please indicate who will be responsible for the cost of the Participant’s retirement option election.

The cost of Participant’s retirement option will be shared proportionately by the parties.
The cost of Participant’s retirement option will be borne solely by the Alternate Payee.
The cost of Participant’s retirement option will be borne solely the Participant.
The cost of Participant’s retirement option will be shared equally by the parties.

PAYMENTS TO ALTERNATE PAYEE *

The earliest date payments can commence to the Alternate Payee is the Participant’s retirement date.

The earliest date payments can commence to the Alternate Payee is the Participant’s retirement date. Please indicate when the Alternate Payee’s payments begin.

Effective with the next available payroll period.
Effective as of Participant’s date of retirement.
Effective as of:

ARREARS OWED TO ALTERNATE PAYEE *

Will the Alternate Payee be entitled to retroactive payments or arrears?

Yes

Additional deduction of $ from Participant’s allowance until arrears satisfied in full.i.e. 99.99, 999.99, or 9,999.99

LOANS *

If the Participant is eligible for loans against membership contributions, any unpaid loan balance at retirement will permanently reduce the Participant’s pension. Please indicate how the Alternate Payee’s share of the benefit will be impacted.

Participant may take loans, but Alternate Payee’s share will not be reduced if there are outstanding loans at retirement.
Participant may take loans, but Alternate Payee’s share will be proportionately reduced if there are outstanding loans at retirement.
Participant may not take loans.
Participant may not take further loans, and the Alternate Payee’s share will not be reduced if there are outstanding loans at retirement.

Please indicate how the Alternate Payee’s share of the benefit will be impacted, if the Participant had an outstanding loan at retirement.

Alternate Payee’s share will be calculated without reduction.
Alternate Payee’s share will be proportionately reduced.
There was no outstanding loan balance at retirement.

RETURN OF CONTRIBUTIONS OR WITHDRAWAL OF MEMBERSHIP *

Will the Alternate Payee be entitled to a share of any membership contributions that may be returned to the Participant?

If Participant receives a return of any contributions the Alternate Payee is entitled to a pro-rata share based on the formula above.
If Participant receives a return of any contributions the Alternate Payee is not entitled to a portion of the contributions.
Alternate Payee is entitled to a specific percentage:i.e. 9, 99, 99.9, 99.99

PARTIAL LUMP SUM — PLS (for PFRS members only) *

Certain Police and Fire Retirement System members may be eligible for a partial lump sum payment of the retirement benefit in exchange for a reduced pension. If elected, will the Alternate Payee receive a portion?

If elected by Participant, Alternate Payee will receive a pro rata share of the PLS based on the formula above.
If elected by Participant, PLS will be distributed to Participant only. Alternate Payee’s share will be calculated without reduction for PLS.