Divorce and QDRO - Procedural Overview

It is extremely important that all parties comply with the requirements below in order to avoid delays in processing a retirement benefit to a Participant and/or the Alternate Payee. This information is strictly limited to the Defined Benefit portion of your pension.

For information on the division of the Defined Contribution portion of your pension, please contact TIAA at www.tiaa.org or call (800) 842-2252.

Once a member is divorced, a copy of the Final Judgment of Divorce and Property or Marital Settlement Agreement should be sent to ERSRI for placement in the member’s file. The Alternate Payee or a lawyer can request the Participant’s pension information and it will be disclosed once ERSRI receives a release signed by the Participant or a Subpoena, or the information will be provided to the Participant. To obtain this information, please contact our Internal Legal Counsel at (401) 462-7616. Once a QDRO has been drafted, it must be sent to ERSRI for review. Please note that a Participant who is planning to retire will not be able to begin collecting a pension benefit until a QDRO is reviewed and approved by ERSRI.

After the QDRO has been reviewed and approved by ERSRI, confirming correspondence will be sent to the lawyer who originally submitted it. The QDRO must then be entered with the Court.

Once entered, a certified copy of the QDRO, along with a copy of the Final Judgment of Divorce and Property or Marital Settlement Agreement if it was not previously submitted, must be returned to ERSRI for placement in the Participant’s file to be implemented at the time of the Participant’s retirement, death, or other termination of service, or if the Participant is already retired, when the QDRO is received by ERSRI.

In addition, a new beneficiary nomination form must be completed by the Participant. The form must include the name of the former spouse as well as one or more beneficiaries and be consistent with the order. The beneficiary nomination forms are available on the ERSRI Forms page.

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