Divorce After Retirement

 

Division Of Property Procedures For CRS Members

The Cincinnati Retirement System (CRS) is a defined benefit pension plan, established by Chapter 203 of the Cincinnati Municipal Code. As a government retirement plan, the CRS is a qualified plan for tax purposes pursuant to 26 USC § 414(d). Such plans are exempt from ERISA requirements pursuant to 29 USC § 1003(b)(1) and 29 USC § 1002 (32).

Chapter 203 of the Cincinnati Municipal Code does not currently authorize the CRS to accept Qualified Domestic Relations Orders (QDROs), Division of Property Orders (DOPOs), or any other request or court order for the division of the pension benefit asset assigned to CRS members. Accordingly, the CRS cannot pay a member’s ex-spouse any amount from the member’s retirement benefit as property division, even pursuant to a court order. The CRS does make court-ordered spousal and child support payments to CSEA from a member’s benefit when the member has retired from employment and is receiving payments from the CRS.

If you get Divorced AFTER you Retire:

If you selected an option at Retirement naming your spouse as your Optionee for the receipt of a pension benefit following your death, and you subsequently get divorced from that person, you may request that your original option election be cancelled and that your CRS monthly pension benefit be reset to a Single Life pension (a pension that terminates upon your death). To have your pension reset following a divorce, you need to:

  1. Submit a written request (email is fine) to the Retirement System to have your pension reset to a Single Life option; AND
  2. Submit a certified copy of your divorce decree and separation agreement to the Retirement System;         
  3. If your Divorce Decree and/or Separation Agreement does not provide that your pension benefits are “Free and clear” of any claims by your former spouse, then your ex-spouse will need to sign a Spousal Benefit Waiver in order to have your pension reset.

 

As a reminder, a new optionee cannot be added to your pension benefit AFTER your original retirement date.