Click here to make the text larger
In the event of a divorce, is my spouse entitled to any of my accumulated retirement contributions or my retirement benefit entitlement?
As a general rule, retirement contributions made, and benefit credits earned, during the period between your marriage and legal separation are includable in “marital property” and subject to equitable distribution. You should consult your attorney for further instructions.
After my divorce, can I name a new beneficiary?
In the event that a member divorces his/her spouse who is named the beneficiary for the member’s monthly retirement benefit, there are several steps that must be taken before a new beneficiary can be named. The member’s divorce settlement must be finalized and the settlement must not have a provision that the former spouse receive the retirement benefits in order to make this change.
When the member contacts the Retirement Systems Division to notify us of the divorce, the member has two options. The first option is for the member to remove the original beneficiary and change his/her retirement benefits to receive the maximum amount possible for himself/herself. The second option is to name a new beneficiary. In either circumstance, the member will receive the following:
- a Form 6E (Choosing Your Retirement Option) and
- a Revocation of Option document
We also require that a copy of the divorce decree be returned with these documents as well. Upon receipt of these documents, the retirement benefit will be recalculated based on the option chosen. If a new beneficiary has been named, the benefit will be recalculated using the date of birth for member and beneficiary.
Please note: If the person the member has divorced was designated as a “friend” or “fiancee” at the time of retirement, the benefits option cannot be changed.
The date of the benefits change is effective the month following the receipt of both the Form 6E and the Revocation of Option document. For example, if both documents are received on January 6, then the change will be reflected in the February benefit.
Upon my death, what should my family do about my retirement benefit?
Upon your death, your survivors should contact the Retirement Systems Division immediately. We will need to be provided with your name, Social Security Number, and a copy of your death certificate. In addition, if you have elected to provide survivor benefits after your death, we will need to be provided with the Social Security number and current mailing address of your survivor. If your estate is your beneficiary, we must be provided with Papers of Administration or Letters of Testamentary. The monthly benefit that is payable in the month of your death belongs to your estate and can be kept. Any benefits made payable to you after your month of death must be returned to the Retirement Systems Division. (Please remember to keep your beneficiary designation(s) up-to-date.)