Draft a Domestic Relations Order (DRO)

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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)

Participant (Member) Information:

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 a 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:

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 a copy of the Alternate Payee’s 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 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.
Alternate Payee’s distribution will be calculated using a hypothetical service retirement based upon the Participant’s salary and service levels in place at the time of commencement date of the divorce action.

COST-OF-LIVING ADJUSTMENT (COLA) *

Will the Alternate Payee be entitled to COLA?

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 *

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?

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

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.

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.

Effective with Alternate Payee’s first payment (i.e. as soon as administratively practicable).
Effective as of Participant’s date of retirement.
Effective as of:
Effective the first day of the month after acceptance of the DRO.

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
Additional deduction of % from Participant’s allowance until arrears satisfied in full. i.e. 9, 99, 99.9, 99.99

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. Alternate Payee’s share will not be reduced if there are outstanding loans at retirement.
Participant may take loans. Alternate Payee’s share will be proportionately reduced if there are outstanding loans at retirement.
Participant may not take further loans. Alternate Payee’s share will be proportionately reduced if there are outstanding loans at retirement.
Participant may not take further loans. 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) *

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?

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. The Participant is not eligible for a partial lump sum payment at retirement.

NYSLRS

New York State & Local Retirement System