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Office of the New York State Comptroller’s Seal

NYS Comptroller

Thomas P. DiNapoli

Draft a Domestic Relations Order (DRO)

Back to Draft a DRO — Overview and Instructions

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
  • 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?


Member (Participant) Information:

i.e. Jane or John

i.e. Anne or James

i.e. Doe

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

(Please provide 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 copy of your 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

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 ADJUSTMENTS (COLA) *

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


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 (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?



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






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.

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.



ARREARS OWED TO ALTERNATE PAYEE *

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


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

LOANS *

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




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.





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 (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?


© 2012 New York State and Local Retirement System