Your pension and divorce

I’m an in-service member, and I’m going through a divorce. Do I need to change my New York State Teachers’ Retirement System beneficiary, or will the system automatically do that for me once my divorce is finalized?

NYSTRS will automatically remove your former spouse as your beneficiary in instances of divorce, annulment or judicial separation. However, if there is a judgment, decree or a domestic-relations order that specifically directs NYSTRS to provide for the ex-spouse, those directives will be followed.

If you’d like your ex-spouse to remain your beneficiary, you must file a new Designation of Beneficiary (NET-11.4) form with NYSTRS following a divorce, annulment or judicial separation.

I’m a retiree and my wife and I recently divorced. Do I have to update my NYSTRS beneficiary or will the state automatically make that change for me as part of my divorce filing?

If you’re already retired, you can only change your beneficiary in one of two instances: if you’re a Tier 2–6 member with a Paragraph 2 in-service death benefit that was in effect at retirement; or if you selected a lump sum or guaranteed period benefit payment and that coverage is still in effect. If one of these scenarios doesn’t apply to you, you can’t change your beneficiary.

If your situation does fall under one of these two scenarios, here’s how to make a change. If you’re a Tier 2–6 member with a Paragraph 2 in-service death benefit in effect at retirement, file a Designation of Beneficiary For In-Service or Post-Retirement Paragraph 2 Death Benefit (NET-11.4) form with NYSTRS. If you selected a lump sum or guaranteed period benefit payment, and that coverage is still in effect, use one of two forms: if you selected a guaranteed period option, use the Designation of Beneficiary for Retirees Electing a Guarantee Option (RMS-5.3) form; if you selected a lump sum option, use the Designation of Beneficiary for Retirees Electing a Lump Sum Option (RMS-5) form. All forms are available at nystrs.org, or by calling the NYSTRS Hotline at 800-782-0289.