LACERA & Divorce: Dividing Los Angeles County Employees Retirement Association Benefits, ICERS DROs: Dividing Imperial County Employees Retirement System Benefits During Divorce. If it is accurate and conforms to the divorce decree, it should be accepted. Rollovers are not arranged as part of the DRO and are only possible after a cash out under Model Order A. Retirement benefits are paid by CalSTRS using both contributions and investment income. Gov. CalSTRS provides incremental age factor tables for each of the benefit structures. A free resource for preparing joinder paperwork can be found here. One of the first steps that the nonmember should take to protect his/her interest is to send written notice to CalPERS that he/she will be making a claim for his/her share of the community property in a members account. Anything But My Pension-Divorce Math - BJ Mann Affordable Divorce Mediation Note that it is the Social Security benefits that are reduced, not the CalSTRS benefits. It compounds each number, then keeps a running total each year. The Model Order B approach is only an option to those CalPERS Members who have not yet retired. Preparation of standard dissolution or legal separation documents for short-term marriage or domestic partnership (no personal property, children or real property, with filing instructions). Generally, members cannot work in classified positions, earn more than the annual post-retirement earnings limit ($43,755 for the 2017-2018 year), or return to work within 180 days from separation of service without affecting benefits. If you have a retirement application on file, allow 60 days from either your retirement application received date or retirement date, whichever is later, to start receiving your benefits. It also then allows the nonmember to request a Statement of Account and Estimate of Benefits based on California Community Property laws. If you first roll the funds over into your own plan or IRA and then withdraw them from your own plan, you may needlessly re-subject yourself to the 12.5% penalty (10% Federal, 2.5% California). Not many divorce attorneys take cases involving CalPERS property division. Just like other assets acquired during marriage, California community property law allows CalPERS benefits to be divided upon dissolution or legal separation of a marriage or registered domestic partnership. A statement of the members accumulated contributions and interest for the specific time period requested. Real-time updates and all local stories you want right in the palm of your hand. I agree with you that this is a matter that merits further research, Nielsen said in a response letter in 2014.