If you are married during your membership with MERS, but later become divorced, your ex-spouse may be eligible to receive a portion of your retirement benefit, DROP funds, or employee contributions. It is very important to address your retirement account in your property settlement. If you and your ex-spouse do not have a property settlement or a judgment stating that your ex-spouse relinquishes their rights to your retirement account, you need to have a Domestic Relations Order (DRO) signed by a Judge stating the division of your retirement benefit, DROP funds, or employee contributions.
MERS has prepared a sample Domestic Relations Order addressing your retirement account with MERS. This document may be used by your attorney as a guide in preparing the DRO. Once completed and signed by a Judge, a certified copy must be mailed to this office. Once the documents are on file with the retirement system, when you retire or apply for a refund, your benefit or employee contributions, in the case of a refund, will be divided according to the judgment on file. No funds will be distributed to an ex-spouse until you retire or receive a refund of employee contributions.
This office must be kept updated with your ex-spouse's contact information for any correspondence sent concerning their portion of your MERS account.
If there are no legally signed judgments on file with the retirement system concerning your ex-spouse, there will be no division of any benefit, DROP balance, or employee contributions. Division of retirement benefits due an ex-spouse by property settlement or Domestic Relations Order are payable the first (1st) of the month following receipt of the original certified copy of the judgment. Retroactive payments are not allowed.
If you are going through a divorce and need information concerning your retirement account with MERS, contact our office at 225-925-4810 or 800-820-1137 to speak to a Retirement Benefits Analyst.
