Divorce Guidelines.indd - PSERs

If someone other than the Member is requesting a valuation, an authorization for release
of information signed by the Member must be submitted with the request.
How is PSERS informed of the results of Equitable Distribution
of the Member’s account with PSERS?
PSERS requires the submission of a DRO for review and approval. The proposed DRO
should be submitted to PSERS for review and approval prior to obtaining the court
signature.
To submit the DRO for review, mail it to:
Specialized Service Section
PSERS
5 North 5th Street
Harrisburg PA
17101-1905
In the event that there is no Equitable Distribution of the PSERS account, the former
spouse must submit a Waiver of Pension Benefits (PSRS-1286) form to PSERS. This
waiver form is available by calling PSERS or by accessing PSERS’ website,
www.psers.state.pa.us.
Are there any rules regarding a DRO?
1. In no case can the DRO alter the PSERS’ benefit structure. The benefit structure is
limited to the retirement options established by the General Assembly under the
Retirement Code. 24 Pa.C.S. §§ 8341-8349. The DRO cannot require PSERS to
pay benefits other than those described in the Retirement Code. The total benefits
payable to the Member and the Alternate Payee, therefore, cannot exceed the
benefit which would have been payable in the absence of a divorce. Any substantive
changes to the benefit structure are outside the jurisdiction of the Courts of Common
Pleas. Millick v. Millick, 592 A.2d 788 (Pa.Cmwlth. 1991). Additionally, the DRO
cannot allow the Alternate Payee to exercise any of the rights, options or privileges
of a Member. See the section entitled, “Do you have any examples of an ADRO?”
for further information on the benefit structure available.
2. The Alternate Payee may not receive disbursements (of a monthly annuity or lump
sum) before the Member terminates service and submits either (1) an Application for
Retirement (PSRS-8), (2) an Application for Disability Retirement (PSRS-49) or (3)
an Application for Refund (PSRS-59).
Note: To have a retirement date effective the first day after termination of service
or the day a Vestee reaches superannuation retirement age, PSERS must
receive the Member’s Application for Retirement (PSRS-8) within 90 days of the
Member’s termination date or attainment of superannuation retirement age for
Vestees. See the sections entitled, “When are the benefits paid under an
ADRO?” and “Can a Member retire before the divorce is finalized?” for further
information.
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