Common Retirement Myths—Part 2

Retirement Myths vs Facts

I updated my contact information with my employer, so I don’t need to update it with NYSLRS.

You need to update your contact information with both your employer and NYSLRS. Your employer does not provide updated member contact information to us. Make sure we have your current mailing address, phone number and email address on file so you receive the news, correspondence and statements we send you. Retirement Online is the fastest way to view and update your contact information with NYSLRS.

I can’t estimate my pension benefit until I’m close to retirement.

Even if you are years away from retiring, you can estimate your pension benefit in minutes using Retirement Online. Enter different retirement dates and beneficiaries to see how your choices affect your potential benefit and customize your estimate by adjusting your earnings if you anticipate a pay increase before you retire. (Note: Some members may not be able to use the Retirement Online pension calculator because of their circumstances—the system will notify you if your estimate cannot be completed, and you can send us a message using our secure contact form to request one.)

If I retire with an outstanding loan, my pension payment will be reduced temporarily until the loan is paid off.

If you retire with an outstanding loan, your pension will be permanently reduced.* We do not withhold loan deductions after retirement and apply it toward the outstanding balance until it’s paid in full.

Also, all or part of your outstanding loan balance may be subject to federal income taxes. If you retire before age 59½, the IRS may charge an additional 10 percent penalty.

*Employees’ Retirement System (ERS) members can repay their NYSLRS loan after they retire. However, you would need to pay the full balance of the loan in a one-time lump sum payment. Your pension would then be recalculated to remove the reduction and your monthly payment would increase going forward, but it would not be retroactive to your date of retirement.

The only way to file for retirement and begin receiving my pension is by completing a bunch of paper forms.

You can apply for retirement in Retirement Online, which is faster and more convenient than printing and mailing forms, and there’s nothing to have notarized. And when you apply online, you can also make changes online before your date of retirement—for example, if you need to change your banking or tax information. Watch our video for more information.

I can change my pension beneficiary after I retire.

Most retirees have 30 days from the start of the month following their retirement date to change their option election. After those 30 days, only certain pension payment options let you change your beneficiary.

The Single Life Allowance option provides the maximum monthly benefit payment to you for the rest of your life, but all payments stop upon your death, so nothing will be paid to a beneficiary.
The Joint Allowance or Pop Up Joint Allowance options provide a lifetime benefit for a beneficiary. After the initial 30-day window, you cannot change your beneficiary for any reason.
The Five Year Certain or Ten Year Certain options provide benefit payments to a beneficiary for a finite period if you die within five or ten years of your retirement—if you choose one of these options, you can change your beneficiary at any time. If you live beyond the five- or ten-year period, your beneficiary will not receive a pension benefit upon your death.

Note, most retirement plans also provide a post-retirement death benefit, which is a one-time lump sum payment to your beneficiaries—you can change your beneficiaries for this at any time.

You can find more facts about your NYSLRS benefits in your retirement plan publication. If you have account-specific questions, please message our customer service representatives using our secure contact form.

Common Retirement Myths—Part 1

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The laws governing your NYSLRS retirement benefit can be confusing. Sometimes a small misunderstanding can have a big impact on your finances. So base your financial decisions on retirement facts, not common myths.

Retirement Myths vs Facts

My NYSLRS pension is like a 401(k)-style retirement savings account and I will get my contributions back when I retire.

Your NYSLRS pension is a defined benefit plan. Your pension will be a lifetime benefit based on your earnings and years of service—it will not be based on your contributions. Member contributions support the benefits earned by current and future retirees and are an important asset of the Common Retirement Fund.

If I work for more than one NYSLRS participating employer, the service credit from both will count toward my pension benefit.

It depends. You can only earn one year of service credit in a 12-month period. If you work part-time for two participating employers, you would receive credit toward retirement from both, up to the maximum of one year. However, if you already work full-time for one NYSLRS employer, plus you work part-time for another employer, your part-time job won’t increase your retirement service credit. Also, if you are a full-time employee of a school district, you won’t earn extra service credit if you work during the summer.

NYSLRS administers health insurance coverage for its retirees.

NYSLRS does not administer health insurance programs. We may deduct premiums from a retiree’s monthly pension benefit to pay for health insurance coverage if their former employer instructs us to do so, but we can’t answer questions about coverage or changes in premium amounts.

The New York State Department of Civil Service administers the New York State Health Insurance Program (NYSHIP) for New York State retirees and some municipal retirees. If you are still working, your employer’s Human Resources (Personnel) office should be able to answer your questions about post-retirement coverage.

I can take out a NYSLRS loan after I retire.

You need to actively work for New York State or a participating employer to take a NYSLRS loan. They are not available to retirees.

If I’m vested and no longer working for a public employer, NYSLRS will automatically start paying my pension as soon as I’m eligible.

Your pension is not automatic. You must apply for retirement 15 to 90 days before your retirement date. Your retirement date is up to you. In order to retire, a NYSLRS member must terminate employment and be removed from the payroll of their employer(s) before the effective date of retirement.

Most NYSLRS members can begin collecting their pension as early as age 55. If you retire between age 55 and your full retirement age (62 or 63, depending on your tier and plan), you may face a permanent benefit reduction. If you have left public employment though, your benefit won’t increase after you reach full retirement age so don’t delay filing for retirement beyond that point.

You can find more answers about your NYSLRS benefits in your retirement plan publication. If you have account-specific questions, please message our customer service representatives using our secure contact form.

Check out Common Retirement Myths—Part 2 where we debunk five other retirement myths.

Divorce and Your Other NYSLRS Benefits — Part 2

Death Benefits and Your Beneficiaries

As of July 7, 2008, beneficiary designations for certain death benefits are automatically revoked when a divorce, annulment or judicial separation becomes final. If you are divorced, it is especially important to review your beneficiary designations to ensure your benefits will be distributed according to your wishes and your divorce agreement.

If your ex-spouse is awarded a portion of your death benefits, a DRO will specify how much your ex-spouse will receive and direct you to name your ex-spouse as a beneficiary. You should file the DRO with NYSLRS as soon as it’s officially accepted by the court and choose additional beneficiaries for the remainder of any benefits. However, if your designations conflict with the terms of the DRO, the DRO will take precedence over any other beneficiary designations.

The best way to view and update your death benefit beneficiaries is by using Retirement Online. If you are already retired, visit our Death Benefit page for retirees for information about available death benefits and how to update your beneficiaries and their contact information.

Ordinary Death Benefit

Your ordinary death benefit would be payable to your beneficiaries if you die in active service (before retiring).

Post-Retirement Death Benefit

Most members of the Employees’ Retirement System (ERS) are covered by a post-retirement death benefit, which provides a one-time, lump sum payment to your beneficiaries if you die after retiring.

Accidental Death Benefit

Your accidental death benefit may be payable to certain beneficiaries if you die as a result of an on-the-job accident. The beneficiaries of this benefit are designated by law, and only those beneficiaries may receive this benefit — even if there is a DRO.

Loans

NYSLRS members who meet eligibility requirements can take out a NYLSRS loan by borrowing a percentage of their contribution balance. Even if you are eligible, a DRO may be written to prohibit you from taking future loans.

If you retire with an outstanding loan balance, your pension will be reduced. The ex-spouse’s share of the pension will also be reduced unless the DRO specifically states the ex-spouse’s share should be calculated without reference to outstanding loans.

Contribution Refunds

Occasionally, NYSLRS may refund a member’s contributions because of a tier reinstatement, membership withdrawal or membership transfer. Some members are eligible to make voluntary contributions and withdraw them as excess contributions. Generally, if a DRO doesn’t mention a contribution refund, the member will receive the full amount.

For More Divorce Information

Visit our Divorce and Your Benefits page for more information, including how divorce can affect service credit, disability benefits or cost-of-living adjustments.

Divorce and Your Pension — Part 1

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In New York State, retirement benefits are marital property and can be divided when a marriage ends. Your pension could be affected in any of the following ways as a result of a divorce:

Your ex-spouse may be entitled to a portion of your pension.
You may be required to name your ex-spouse as the beneficiary of any death benefit.
You may be required to choose a pension payment option that provides a continuing benefit to your ex-spouse when you die.
Your ex-spouse may be entitled to a portion of your cost-of-living adjustment (COLA).

How Your Pension Can Be Divided in a Divorce

The most common method for dividing pension benefits is known as the Majauskas Formula, which gets its name from a case decided by the State Court of Appeals. This formula gives your ex-spouse one-half of the portion of your pension earned during the marriage.

How the Majauskas Formula Works

Dividing Your Pension in a Divorce - the Majauskas Formula

Example of the Majauskas Formula

Other Ways to Divide Pension Benefits

The Majauskas formula is not required, and there are other ways to divide pension benefits such as using:

A hypothetical retirement benefit. NYSLRS can calculate a hypothetical pension using your final average earnings and service credit as of a specific date and then determine the ex-spouse’s share based on the terms of the divorce.
A flat percentage. Your ex-spouse can receive a specified percentage of your pension different from the percentage derived from the Majauskas formula.
A flat dollar amount. This option is commonly used if you have retired and you are already receiving monthly pension payments.

Formalizing the Division of Your Pension After a Divorce

Once the terms of your divorce are finalized, a judge issues a final judgment of divorce. If your ex-spouse will receive a share of your pension, a Domestic Relations Order (DRO) is needed. A DRO is a court order specifying how retirement benefits should be divided.

NYSLRS must have an approved DRO on file to make pension payments to an ex-spouse — we cannot pay an ex-spouse based solely on a judgment of divorce or settlement agreement. It’s important to complete and file the DRO with NYSLRS in a timely manner, well before the member’s retirement date to avoid changes or delays in payments. Questions about the consequences of not filing a DRO on time should be addressed to an attorney.

If your ex-spouse is not awarded a portion of your pension benefits, a DRO does not need to be filed with NYSLRS.

Drafting and Filing a DRO

Draft a DRO. NYSLRS offers an online DRO template, which was developed with guidance from NYSLRS’ legal counsel and generates a customized DRO based on the information entered about the terms of the divorce. While its use is not required, DROs prepared using the NYSLRS template will be given priority review.

Get Your DRO Approved. A Supreme Court judge must sign the DRO and enter it as an official court document.

Submit Your DRO to NYSLRS. NYSLRS requires a certified copy of the signed DRO and proof of divorce, such as a copy of the judgment of divorce. NYSLRS legal staff will review the DRO to determine whether it complies with New York State Retirement and Social Security Law and applicable policies and procedures.

All Parties Notified. NYSLRS will send a letter to all parties notifying them whether the DRO has been accepted or rejected. If the DRO has been rejected, the letter will explain the reasons for rejection, and the DRO must be amended, approved and resubmitted to NYSLRS.

For More Information

Read our blog post about how divorce may affect your other NYSLRS benefits, and visit our Divorce and Your Benefits webpage for more information about how your pension may be affected and for additional guidance on DROs.

ERS Tier 3 and 4 Milestones

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When you join the Employees’ Retirement System (ERS), you are assigned a tier based on your date of membership. You are in:

Tier 3 if you joined July 27, 1976 through August 31, 1983.
Tier 4 if you joined September 1, 1983 through December 31, 2009.

Let’s look at the ERS Tier 3 and 4 milestones and how they affect your benefits.

Why Milestones Matter

As a NYSLRS member, you earn service credit for your paid public employment. Generally, one year of full-time work equals one year of service credit. As you earn service credit, you’ll reach career milestones that will make you eligible for certain benefits or for increases to your existing benefits. Understanding these milestones can help you plan for retirement.

Your ERS Tier 3 and 4 milestones and pension calculation depend on your retirement plan, so it is important to familiarize yourself with the details of your plan. Most ERS Tier 3 and 4 members are in the Article 15 retirement plan (named for a section of the New York State Retirement and Social Security Law). If you see Plan A15 listed in the ‘My Account Summary’ section of your Retirement Online account, you’re in this plan. For members not covered by the Article 15 retirement plan, visit our website to Find Your NYSLRS Retirement Plan Publication.

Important ERS Tier 3 and 4 Milestones

Here are some additional important milestones for Tier 3 and 4 members in the Article 15 retirement plan:

With ten years of service credit, you can apply for a non-job-related disability benefit if you are permanently disabled and cannot perform your duties because of a physical or mental condition.
With ten years of service credit, your beneficiaries may be eligible for an out-of-service death benefit if you leave public employment and die before retirement.
Ten years also marks the point when you are no longer able to withdraw your membership and receive a refund of your contributions if you leave public employment.
You are eligible to retire once you are age 55 and have five years of service credit. However, for most Tier 3 and 4 members, there would be reductions to your benefit if you retire before age 62 with less than 30 years of service credit.
You can retire with full benefits at age 62.
- If you retire with less than 20 years of service, your pension will equal 1.66 percent of your final average earnings (FAE) for each year of service.
- If you retire with 20 to 30 years of service, your pension will equal 2 percent of your FAE for each year of service.
- For each year of service beyond 30 years, you will receive 1.5 percent of your FAE.

Note: When you retire, your FAE will be based on the average of your three highest consecutive years of earnings. The law limits the FAE of all members who joined on or after June 17, 1971. Read our blog post, Calculating Your Final Average Earnings, for more information, including how your FAE will be calculated and limitations.

Most members can estimate their pension in Retirement Online. You can fine tune your estimate by entering your annual earnings and expected pay increases. You can also include any service credit you plan to purchase.

ERS Tier 5 Milestones

Why Milestones Matter

Your ERS Tier 5 milestones and pension calculation depend on your retirement plan, so it is important to familiarize yourself with the details of your plan. Most ERS Tier 5 members are in the Article 15 retirement plan (named for a section of the New York State Retirement and Social Security Law). If you see Plan A15 listed in the ‘My Account Summary’ section of your Retirement Online account, you’re in this plan. For members not covered by the Article 15 retirement plan, visit our website to Find Your NYSLRS Retirement Plan Publication.

Important ERS Tier 5 Milestones

Here are some additional important milestones for Tier 5 members in the Article 15 retirement plan:

With ten years of service credit, you can apply for a non-job-related disability benefit if you are permanently disabled and cannot perform your duties because of a physical or mental condition.
With ten years of service credit, your beneficiaries may be eligible for an out-of-service death benefit if you leave public employment and die before retirement.
Ten years also marks the point when you are no longer able to withdraw your membership and receive a refund of your contributions if you leave public employment.
You are eligible to retire once you are age 55 and have at least five years of service credit. However, for most Tier 5 members, there would be reductions to your benefit if you retire before age 62.
You can retire with full benefits at age 62.
- If you retire with less than 20 years of service, your pension will equal 1.66 percent of your final average earnings (FAE) for each year of service.
- If you retire with 20 to 30 years of service, your pension will equal 2 percent of your FAE for each year of service.
- For each year of service beyond 30 years, you will receive 1.5 percent of your FAE.

PFRS Milestones

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The Police and Fire Retirement System (PFRS) covers more than 35,000 police officers and firefighters across New York State. Let’s look at the PFRS milestones you will reach over the course of your public service career and how they will affect your benefits.

Why Milestones Matter

As a NYSLRS member, you earn service credit for your paid public employment. Generally, one year of full-time work equals one year of service credit. As you earn service credit, you’ll reach career milestones which make you eligible for certain benefits or for increases to your existing benefits.

Some milestones are common to most PFRS members; others are shared by members in a particular tier or retirement plan. For example, your plan determines when you would be eligible to apply for a non-job-related disability benefit. Understanding these milestones will help you plan for retirement.

Important PFRS Milestones

Special Retirement Plans

Most PFRS members are in special retirement plans, which allow you to retire after 20 or 25 years of service regardless of age.

If you retire at your 20- or 25-year milestone, your pension will be 50 percent of your final average earnings (FAE). Depending on your retirement plan, you may earn 1.66 percent of your FAE for each year you work beyond the 20 or 25 years, however for most PFRS members, a maximum of 32 years of service can be used in your pension calculation.

Final Average Earnings

A new law improves the pension benefits of NYSLRS Tier 6 members. When you retire, your FAE will be based on the average of your three highest consecutive years of earnings, the same as members in other tiers. Read our blog post, Calculating Your Final Average Earnings, for more information, including how your FAE will be calculated and limitations which apply.

Eligible Service

PFRS members in special plans should be aware not all public employment counts towards reaching the 20- or 25-year milestone. Service usually must be in specific job titles to be creditable toward your pension benefit. For example, if you are in the New York State Police Plan, service with a city police department would be creditable, but service as a sheriff’s deputy or corrections officer would not be. PFRS members may be eligible to purchase credit for military service to reach 20 or 25 years.

More Information About Your Benefits

Your specific PFRS milestones, along with your eligible service and pension calculation, are determined by your retirement plan, so it is important to familiarize yourself with the details of your plan. You can visit our website to Find Your NYSLRS Retirement Plan Publication.

ERS Tier 6 Milestones

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If you joined the Employees’ Retirement System (ERS) on or after April 1, 2012, you are a Tier 6 member. Let’s look at the ERS Tier 6 milestones you will reach over the course of your public service career and how they will affect your benefits.

Why Milestones Matter

Your ERS Tier 6 milestones and pension calculation depend on your retirement plan, so it is important to familiarize yourself with the details of your plan. Most ERS Tier 6 members are in the Article 15 retirement plan (named for a section of the New York State Retirement and Social Security Law). If you see Plan A15 listed in the ‘My Account Summary’ section of your Retirement Online account, you’re in this plan. For members not covered by the Article 15 retirement plan, visit our website to Find Your NYSLRS Retirement Plan Publication.

Important ERS Tier 6 Milestones

Here are some additional important milestones for Tier 6 members in the Article 15 retirement plan:

With ten years of service credit, you can apply for a non-job-related disability benefit if you are permanently disabled and cannot perform your duties because of a physical or mental condition.
With ten years of service credit, your beneficiaries may be eligible for an out-of-service death benefit if you leave public employment and die before retirement.
Ten years also marks the point when you are no longer able to withdraw your membership and receive a refund of your contributions if you leave public employment.
You are eligible to retire once you are age 55 and have at least five years of service credit. However, for most Tier 6 members, there would be reductions to your benefit if you retire before age 63.
You can retire with full benefits at age 63.
- If you retire with less than 20 years of service, your pension will equal 1.66 percent of your final average earnings (FAE) for each year of service.
- If you retire with 20 years of service, your pension will equal 1.75 percent of your FAE for each year of service.
- For each year of service beyond 20 years, you will receive 2 percent of your FAE.

Note: A new law improves your pension benefits. When you retire, your final average earnings (FAE) will be based on the average of your three highest consecutive years of earnings, the same as members in other tiers. Read our blog post, Calculating Your Final Average Earnings, for more information, including how your FAE will be calculated and limitations.

Overtime Pay Temporarily Excluded from Tier 6 Contribution Rates

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The 2024–25 State Budget included a new law which temporarily excludes overtime pay earned from April 1, 2022 through March 31, 2024 from the calculation of Tier 6 contribution rates. This may lower contribution rates for some Tier 6 members from April 1, 2024 through March 31, 2026.

For most Tier 6 members with more than three years of service, your contribution rate is based on what you actually earned in public employment two years prior. The minimum rate is 3 percent of your earnings, and the maximum is 6 percent. For more information about how your contribution rate is determined, read our blog post, How Your Tier 6 Contribution Rate Can Change, or visit our Member Contributions page.

Overtime Pay Temporarily Excluded from Tier 6 Contribution Rates

Who is Affected by the Change to Tier 6 Contribution Rates?

As a Tier 6 member, you may have your contribution rate lowered if:

You make mandatory contributions toward your retirement (most Tier 6 members); and
You earned overtime from April 1, 2022 through March 31, 2024.

The rate decrease will not apply if:

You already pay the minimum rate of 3 percent;
You did not earn overtime from April 1, 2022 to March 31, 2024; or
You joined NYSLRS on or after April 1, 2022. Your rate is based on an estimated wage provided by your employer when you were enrolled into NYSLRS rather than your actual earnings.

When Will Tier 6 Contribution Rates Be Updated?

We will work with employers to review your past earnings, determine whether your rate should be lowered and refund contribution overpayments if your rate is lowered.

Tier 6 is now the largest tier in NYSLRS. With more than 400,000 Tier 6 members, it will take several months to collect detailed earnings information from employers and change rates. We thank you for your patience while we make these rate adjustments.

Calculating Your Final Average Earnings

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As a NYSLRS member, you have a defined benefit plan that provides a lifetime pension when you retire. Your NYSLRS pension benefit amount will be determined by several factors, including your tier, service credit, and final average earnings (FAE).

When we calculate your pension, we find the consecutive years when your earnings were highest. These are usually your years of employment immediately before retirement, but they can be anytime in your career and do not need to match up with calendar years or fiscal years.

Update: Tier 6 Final Average Earnings Based on Highest Three Years

These improvements apply to members who retire on or after:

April 1, 2024, for Police and Fire Retirement System (PFRS) Tier 6.
April 20, 2024, for Employees’ Retirement System (ERS) Tier 6.

Previously, your FAE was the average of your highest five consecutive years of earnings.

If you recently retired and the change applies to you, we have updated your pension calculation — you don’t need to contact us. The new law does not apply to members who retired before the dates above.

Understanding Final Average Earnings Limits

If your earnings increase significantly through the years used in your FAE, some of those earnings may not be used toward your pension.

Your limit depends on whether you’re an ERS or PFRS member and your tier. For most members, if the earnings in any 12-month period in your FAE exceed the average of the previous two years by more than 10 percent, the amount above 10 percent will not be included in your FAE calculation.

For more information, including limits for other tiers, visit our Final Average Earnings page.

Types of Earnings Included in Your FAE

The specific types of earnings included in your FAE calculation depend on your retirement plan and tier. Please check your plan publication for details.

In most cases, your FAE will include the payments listed below, if they are earned in the FAE period. (In some cases, restrictions may apply.)

Regular earnings (see earnings limit for Tier 6);
Overtime earned in the FAE period (see overtime limits for Tier 5 and overtime limits for Tier 6);
Compensatory overtime;
Holiday pay; and
Longevity payments (maximum of one per FAE year), if earned in the years used in the FAE calculation.

In most cases, the following payments will not be included in your FAE calculation:

Unused sick leave;
Payments made as a result of working your vacation;
Any form of termination pay;
Payments made in anticipation of retirement; and
Any payments made for time not worked.

Retirement Myths vs Facts

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Retirement Myths vs Facts

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Death Benefits and Your Beneficiaries

Ordinary Death Benefit

Post-Retirement Death Benefit

Accidental Death Benefit

Loans

Contribution Refunds

For More Divorce Information

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How Your Pension Can Be Divided in a Divorce

How the Majauskas Formula Works

Example of the Majauskas Formula

Other Ways to Divide Pension Benefits

Formalizing the Division of Your Pension After a Divorce

Drafting and Filing a DRO

For More Information

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Why Milestones Matter

Important ERS Tier 3 and 4 Milestones

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Why Milestones Matter

Important ERS Tier 5 Milestones

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Why Milestones Matter

Important PFRS Milestones

Special Retirement Plans

Final Average Earnings

Eligible Service

More Information About Your Benefits

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Why Milestones Matter

Important ERS Tier 6 Milestones

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Who is Affected by the Change to Tier 6 Contribution Rates?

When Will Tier 6 Contribution Rates Be Updated?

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Update: Tier 6 Final Average Earnings Based on Highest Three Years

Understanding Final Average Earnings Limits

Types of Earnings Included in Your FAE

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