Divorce, Pensions, and DRO's

Quick Note for NYCERS Members:

If you are getting divorced and your pension is being divided up, be very careful about how your DRO is worded.

For example,

• you have 15 years of service at the point you are getting divorced,
• you have a three year average income of $50,000
• you are age 45, and
• you plan to work until you are 62

At age 62, if you stay in city service, you will have 32 years of service and your three year average income may very well be $100,000.

Your vested benefit at age 45 is 1.67% * 15 * $50,000 = $12,300.

Your retirement benefit at age 62 is [((2% * 30) + (1.5% * 2)) * $100,000] = $63,000

If your DRO only specifies that your former spouse is to receive 25% of your pension when you retire, then your former spouse will receive 25% of $63,000, and not $12,300.

In contrast, if you had left city service on the day you were divorced, your former spouse would receive only 25% of $12,300.

You should be aware of how this will play out if you continue to stay in city service.

If your DRO only specifies an open ended percentage, your former spouse will be gaining increasing benefit from your employment after the divorce.