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Can a Participant and his or her spouse agree on a division of the Participants benefit entitlements without being divorced?

April 26, 2017agree benefit division divorced entitlements participant spouse

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Can a Participant and his or her spouse agree on a division of the Participants benefit entitlements without being divorced?

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No. Current law provides for a division of a Participant’s benefit only when a marriage has been terminated and the Retirement System has received a signed DRO, directing the Retirement System to pay a share of the Participant’s benefits to his or her ex-spouse. In addition, the Participant must provide the Retirement System with a certified copy of the Judgement of Divorce.