As a member of the New York State and Local Employees' Retirement System, you will receive a lifetime benefit when you retire. But what happens if you're going through a separation or divorce?

Marital property is often divided between spouses during a divorce, and the state Court of Appeals has determined that pensions constitute marital property. Your pension is subject to the equitable distribution provisions of the State Domestic Relations Law.

Q: I'm a member of the system and not retired yet. Will my ex-spouse begin receiving part of my pension as soon as my divorce is final?

A: No. Until you retire, the pension that you are (or will become) eligible to receive is held in trust by the system and, as a member, you are considered the beneficiary of that trust.

We cannot pay your retirement benefits to another person while you are still employed. Once you retire, we will pay a share of your benefits to your ex-spouse, if you have sent us a certified copy of the judgment of divorce and a valid domestic relations order, or DRO.

You cannot simply direct us to distribute a portion of your pension to your current or former spouse without these documents.

Q: What is a DRO?

A: A DRO is a court order that provides a member's ex-spouse with a share of his or her pension benefit upon retirement.

It is not the same as a judgment of divorce or separation agreement. It is a separate court document which, once accepted by the retirement system, is legally binding on the system.

A DRO may also require a member to designate the ex-spouse as a beneficiary for a pre-retirement death benefit or a retirement option.

Q: Does the pension system honor DROs issued by out-of-state courts?

A: Yes, if they are registered with a New York court prior to being submitted to us. Alternatively, the member can sign a notarized form consenting to the laws of New York state, which releases the system from any liability as a result of any payments based on that order.

Q: How can I get more information?

A: Visit the "Members" section of our Web site to view How Divorce May Affect Your Retirement – Frequently Asked Questions page at www.osc.state.ny.us/retire/members/dro_frequently_asked_questions.htm. Check out our booklet, Divorce, Equitable Distribution and the Retirement System at www.osc.state.ny.us/retire/publications/vo1862.htm .

You can also write to our Hearing Administration and Matrimonial Bureau at the New York State and Local Retirement System, 110 State St., Albany, NY 12244-0001. And, of course, you can always contact our Call Center toll-free at (866) 805-0990, or (518) 474-7736 in the Capital District area.