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QDRO Model - Option 2

The QDRO models listed below are for retirees who selected Option 2 form of payment.

QDRO Model Option 2 State and Teachers

Use this model if you are a retired state employee or retired teacher who selected the Option 2 form of payment, or if you are an active state employee or teacher and at the time of your retirement you will be required to elect the Joint and Survivor Option 2 form of payment and name your ex-spouse as beneficiary.

Model QDRO – State and Teachers – Option 2
Model QDRO – State and Teachers – Option 2

QDRO Model - Option 2

The QDRO models listed below are for retirees who selected Option 2 form of payment.

QDRO Model - Option 1

The QDRO models listed below are for retirees who selected Option 1 form of payment.

QDRO Model Option 1 State and Teachers

Use this model if you are a retired state employee or retired teacher who selected the Option 1 form of payment, or if you are an active state employee or teacher and at the time of your retirement you will be required to elect the Joint and Survivor Option 1 form of payment and name your ex-spouse as beneficiary.

Model QDRO –State and Teachers – Option 1
Model QDRO –State and Teachers – Option 1

QDRO Model - Option 1

The QDRO models listed below are for retirees who selected Option 1 form of payment.

QDRO Model - Maximum Benefit

The QDRO models listed below are for retirees who selected the maximum benefit form of payment.

Qualified Domestic Relations Order (QDRO)

A Domestic Relations Order (DRO) is a court order or judgment that sets forth how a member’s retirement benefit is to be divided upon retirement. The Order must be a judgment, decree, or court order relating to the provision of marital property rights awarded to a spouse. (See RIGL §15-5-16.1)

A Qualified Domestic Relations Order (QDRO) is an order that assigns an Alternate Payee a portion of the pension benefits payable to a Participant of a retirement plan.

QDRO Frequently Asked Questions
View ERSRI Model QDROs

Frequently Asked Questions

Please be advised that these questions and answers should not be relied upon in a legal setting, and they do not supersede any law or promulgated rule or regulation. These questions and answers apply the laws, rules and regulations, and policies that are in effect as of December 2021. Should the laws, rules and regulations, and/or policies change, these questions and answers will no longer be applicable.

ERSRI is required by law to adjust a member’s disability retirement allowance if the member earns over a certain amount of money. ERSRI determines whether you have earned over the statutory limit by reviewing your Annual Continuing Statement and supporting documentation.

Rhode Island General Laws § 36-10-17; § 16-16-19; and § 45-21-24 govern the readjustment of disability retirement allowance.

You are permitted to make the difference between the amount you would have earned had you still been employed in the same position from which you retired and your disability retirement allowance. See the below example:

  • You retired as a teacher in 2004.
  • You would have earned $70,000 had you been employed as a teacher in 2014.
  • For 2014, your disability retirement allowance with COLA was $50,000.
  • For 2014, you would be permitted to make $20,000 ($70,000 - $50,000) before your disability retirement allowance is adjusted.

Once a member attains his or her minimum service retirement age, he or she will no longer receive a Annual Continuing Statement. Please note that you will receive a Annual Continuing Statement the calendar year after you attain your minimum service retirement age because we request your earnings information for the previous calendar year. For example, if you attain your minimum age of service retirement in 2015, you will receive an Annual Disclosure Statement in 2016 in which you must provide your 2015 tax information.

If you do not provide ERSRI with a completed Annual Continuing Statement, including all supporting documentation, your disability retirement allowance may be suspended until your statement is received and analyzed.

No. Pursuant to RIGL § 38-2-2(4)(O), tax returns are not public documents.

If you filed a joint tax return, ERSRI will not be able to differentiate whether the earnings are attributable to you or your spouse without receiving the W-2s, wage attachments and other business income attachments and/or schedules for both you and your spouse.

Yes, you will be mailed written notice at least thirty (30) days before your disability retirement allowance is adjusted. The notice will contain the amount owed and the adjustment period.

You are not required to see a doctor. However, ERSRI has the legal authority to send you for an independent medical examination (IME), at ERSRI’s expense, once per year. By not submitting an Annual Medical Update, ERSRI may be more likely to send you to an IME.

If you refuse to see an Independent Medical Evaluation (IME) that has been assigned to you by ERSRI, your disability retirement allowance may be permanently revoked.

Rhode Island General Laws § 36-10-17; §16-16-19; and § 45-21-23 govern the reexamination of disability retirees.

Municipal Employees (Public Safety) - % Accrued per Year of Service

Your Schedule: 5, 8 6, 9 7, 10 7, 10 7, 10
Specific Plan (if applicable):     Cranston Police Cranston Fire Hopkinton Police South Kingstown Police South Kingstown Police
Applies to: All service Service through 6/30/2012 Service through 6/30/2012 Service through 6/30/1993 Service from 7/1/1993 to 6/30/2012
For service years:          
Years 1-20 2.0% 2.5% 2.5% 2.0% 2.5%
Years 21-35 2.0% 2.5% 2.5% 2.0% 2.5%
Your Schedule: 7, 10 7, 10 5, 6, 7, 8, 9, 10 11
Specific Plan (if applicable): Richmond Police Burrillville Police
Applies to: Service through 6/30/2012 Service through 6/30/2012 Service starting 7/1/2012 All service
For service years:        
Years 1-20 2.2727% 3.0% 2.0% 2.0%
Years 21-35 2.2727% 1.5% 2.0% 2.0%

The maximum percent of your Final Average Salary (FAS) you can receive as a pension benefit is 75%.

Municipal Employees (General) - % Accrued per Year of Service

Your Schedule: All Schedules All Schedules All Schedules
Applies to date range and service years: Service through 6/30/2012 Service starting 7/1/2012 Service starting 7/1/2015*
Members with 20 or more years of service as of 6/30/2012 only*
Years 1-20 2.0% 1.0% n/a
Years 21-35 2.0% 1.0% 2.0%

The maximum percent of your Final Average Salary (FAS) you can receive as a pension benefit is 75%.

Nurses at BHDDH - % Accrued per Year of Service

Your Schedule: MO MABE, MABNE MABE, MABNE MB1E, MB1NE, MB2 All BHDDH Nurses Schedules All BHDDH Nurses Schedules Except MB3
Applies to date range and service years: Service through 6/30/2012 Service through 9/30/2009 Service from 10/1/2009 to 6/30/2012 Service through 6/30/2012 Service starting 7/1/2012 Service starting 7/1/2015*
Members with 20 or more years of service as of 6/30/2012 only*
Years 1-10 1.7% 1.7% 1.6% 1.6% 1.0% n/a
Years 11-20 1.9% 1.9% 1.8% 1.8% 1.0% n/a
Years 21-25 3.0% 3.0% 2.0% 2.0% 1.0% 2.0%
Years 26-30 3.0% 3.0% 2.25% 2.25% 1.0% 2.0%
Years 31-34 3.0% 3.0% 2.5% 2.5% 1.0% 2.0%
Year 35 2.0% 3.0% 2.5% 2.5% 1.0% 2.0%
Years 36-37 n/a n/a 2.5% 2.5% 1.0% 2.0%
Years 38 n/a n/a 2.25% 2.25% 1.0% 2.0%

The maximum percent of your Final Average Salary (FAS) you can receive as a pension benefit is 80% for Schedules MO, MABE and MABNE or 75% for Schedules MB1E, MB1NE, MB2 and MB3.

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