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NYS Comptroller

Thomas P. DiNapoli

Draft a Domestic Relations Order (DRO)

Back to Instructions for Drafting a DRO

Type of Document

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


Participant (Member) Information:

i.e. Jane or John

i.e. Anne or James

i.e. Doe

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

(Please provide a copy of your birth certificate.)

i.e. 1 Park Ave

i.e. Apt A

i.e. Albany

- i.e. 12345-6789

Current Employment Status *


Member Plan of Participation Impacted by this DRO *




Tier of Membership *

New York State and Local Employees’ Retirement System (ERS)







New York State and Local Police & Fire Retirement System (PFRS)





Alternate Payee (Former Spouse) Information:

i.e. Jane or John

i.e. Anne or James

i.e. Doe

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

(Please provide a copy of the Alternate Payee’s birth certificate.)

i.e. 1 Park Ave

i.e. Apt A

i.e. Albany

- i.e. 12345-6789

Divorce Information:

Plaintiff *


Defendant *


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

Please Note: Consent to New York State Jurisdiction and Release form Adobe pdf 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?


 % ×
months
Participant’s Total Service Credit at Retirement
= Alternate Payee’s Share


 % ×
Credited service accrued between and
Participant’s Total Service Credit at Retirement
= Alternate Payee’s Share

i.e. 99.99, 999.99, or 9,999.99

%

i.e. 9, 99, 99.9, 99.99


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


 % ×
months
Participant’s Total Service Credit as of Date of Commencement
= Alternate Payee’s Share


 % ×
Credited service accrued between and
Participant’s Total Service Credit as of Date of Commencement
= Alternate Payee’s Share

i.e. 99.99, 999.99, or 9,999.99

%

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?




COST-OF-LIVING ADJUSTMENT (COLA) *

Will the Alternate Payee be 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?



%

i.e. 9, 99, 99.9, 99.99
POST-RETIREMENT ORDINARY DEATH BENEFIT *

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 retirement?



%

i.e. 9, 99, 99.9, 99.99
OPTION ELECTION *

Please indicate if the Participant will be required to elect an option upon retirement for the benefit of the Alternate Payee.









i.e. 9, 99, 99.9, 99.99

i.e. 9, 99, 99.9, 99.99






The Participant is retired and their optional election is irrevocable.

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.





PAYMENTS TO ALTERNATE PAYEE *

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

Direct payments to the Alternate Payee will begin as soon as administratively practicable. Please indicate the effective date of Alternate Payee’s benefits. The earliest effective date of payments is Participant’s retirement date.




ARREARS OWED TO ALTERNATE PAYEE *

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





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.





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



%

i.e. 9, 99, 99.9, 99.99
PARTIAL LUMP SUM (PLS) *

Certain Employees’ Retirement System and 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?


Rev. 2/23 | © 2023 New York State and Local Retirement System