Tag Archives: pension

Divorce and Your Other NYSLRS Benefits — Part 2

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divorce and your other nyslrs benefitsWe’ve written about how divorce may affect your pension. However, as a NYSLRS member, you have other benefits divorce may affect.

If your ex-spouse will receive a share of your retirement benefits, domestic relations order (DRO) must be filed with NYSLRS. A DRO is a court order specifying how your pension should be divided as well as the distribution of other benefits discussed below.

Death Benefits and Your Beneficiaries

As of July 7, 2008, beneficiary designations for certain death benefits are automatically revoked when a divorce, annulment or judicial separation becomes final. If you are divorced, it is especially important to review your beneficiary designations to ensure your benefits will be distributed according to your wishes and your divorce agreement.  

If your ex-spouse is awarded a portion of your death benefits, a DRO will specify how much your ex-spouse will receive and direct you to name your ex-spouse as a beneficiary. You should file the DRO with NYSLRS as soon as it’s officially accepted by the court and choose additional beneficiaries for the remainder of any benefits. However, if your designations conflict with the terms of the DRO, the DRO will take precedence over any other beneficiary designations.

The best way to view and update your death benefit beneficiaries is by using Retirement Online. If you are already retired, visit our Death Benefit page for retirees for information about available death benefits and how to update your beneficiaries and their contact information.

Ordinary Death Benefit

Your ordinary death benefit would be payable to your beneficiaries if you die in active service (before retiring).

Post-Retirement Death Benefit

Most members of the Employees’ Retirement System (ERS) are covered by a post-retirement death benefit, which provides a one-time, lump sum payment to your beneficiaries if you die after retiring.

Accidental Death Benefit

Your accidental death benefit may be payable to certain beneficiaries if you die as a result of an on-the-job accident. The beneficiaries of this benefit are designated by law, and only those beneficiaries may receive this benefit — even if there is a DRO.

Loans

NYSLRS members who meet eligibility requirements can take out a NYLSRS loan by borrowing a percentage of their contribution balance. Even if you are eligible, a DRO may be written to prohibit you from taking future loans.

If you retire with an outstanding loan balance, your pension will be reduced. The ex-spouse’s share of the pension will also be reduced unless the DRO specifically states the ex-spouse’s share should be calculated without reference to outstanding loans.

Contribution Refunds

Occasionally, NYSLRS may refund a member’s contributions because of a tier reinstatement, membership withdrawal or membership transfer. Some members are eligible to make voluntary contributions and withdraw them as excess contributions. Generally, if a DRO doesn’t mention a contribution refund, the member will receive the full amount.

For More Divorce Information

Visit our Divorce and Your Benefits page for more information, including how divorce can affect service credit, disability benefits or cost-of-living adjustments.

Divorce and Your Pension — Part 1

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In New York State, retirement benefits are marital property and can be divided when a marriage ends. Your pension could be affected in any of the following ways as a result of a divorce:

  • Your ex-spouse may be entitled to a portion of your pension.
  • You may be required to name your ex-spouse as the beneficiary of any death benefit.
  • You may be required to choose a pension payment option that provides a continuing benefit to your ex-spouse when you die.
  • Your ex-spouse may be entitled to a portion of your cost-of-living adjustment (COLA).

How Your Pension Can Be Divided in a Divorce

The most common method for dividing pension benefits is known as the Majauskas Formula, which gets its name from a case decided by the State Court of Appeals. This formula gives your ex-spouse one-half of the portion of your pension earned during the marriage.

How the Majauskas Formula Works

Dividing Your Pension in a Divorce - the Majauskas Formula

Example of the Majauskas Formula

Dividing Your Pension in a Divorce - Example of the Majauskas Formula

Other Ways to Divide Pension Benefits

The Majauskas formula is not required, and there are other ways to divide pension benefits such as using:

  • A hypothetical retirement benefit. NYSLRS can calculate a hypothetical pension using your final average earnings and service credit as of a specific date and then determine the ex-spouse’s share based on the terms of the divorce.
  • A flat percentage. Your ex-spouse can receive a specified percentage of your pension different from the percentage derived from the Majauskas formula.
  • A flat dollar amount. This option is commonly used if you have retired and you are already receiving monthly pension payments.

Formalizing the Division of Your Pension After a Divorce

Once the terms of your divorce are finalized, a judge issues a final judgment of divorce. If your ex-spouse will receive a share of your pension, a Domestic Relations Order (DRO) is needed. A DRO is a court order specifying how retirement benefits should be divided.

NYSLRS must have an approved DRO on file to make pension payments to an ex-spouse — we cannot pay an ex-spouse based solely on a judgment of divorce or settlement agreement.  It’s important to complete and file the DRO with NYSLRS in a timely manner, well before the member’s retirement date to avoid changes or delays in payments. Questions about the consequences of not filing a DRO on time should be addressed to an attorney.

If your ex-spouse is not awarded a portion of your pension benefits, a DRO does not need to be filed with NYSLRS.

Drafting and Filing a DRO

Draft a DRO After a Divorce

Draft a DRO. NYSLRS offers an online DRO template, which was developed with guidance from NYSLRS’ legal counsel and generates a customized DRO based on the information entered about the terms of the divorce. While its use is not required, DROs prepared using the NYSLRS template will be given priority review.

Get Your DRO Approved

Get Your DRO Approved. A Supreme Court judge must sign the DRO and enter it as an official court document.

Submit Your DRO to NYSLRS

Submit Your DRO to NYSLRS. NYSLRS requires a certified copy of the signed DRO and proof of divorce, such as a copy of the judgment of divorce. NYSLRS legal staff will review the DRO to determine whether it complies with New York State Retirement and Social Security Law and applicable policies and procedures.

All Parties Notified

All Parties Notified. NYSLRS will send a letter to all parties notifying them whether the DRO has been accepted or rejected. If the DRO has been rejected, the letter will explain the reasons for rejection, and the DRO must be amended, approved and resubmitted to NYSLRS.


For More Information

Read our blog post about how divorce may affect your other NYSLRS benefits, and visit our Divorce and Your Benefits webpage for more information about how your pension may be affected and for additional guidance on DROs.

ERS Tier 3 and 4 Milestones

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When you join the Employees’ Retirement System (ERS), you are assigned a tier based on your date of membership. You are in:

  • Tier 3 if you joined July 27, 1976 through August 31, 1983.
  • Tier 4 if you joined September 1, 1983 through December 31, 2009.

Let’s look at the ERS Tier 3 and 4 milestones and how they affect your benefits.

Why Milestones Matter

As a NYSLRS member, you earn service credit for your paid public employment. Generally, one year of full-time work equals one year of service credit. As you earn service credit, you’ll reach career milestones that will make you eligible for certain benefits or for increases to your existing benefits. Understanding these milestones can help you plan for retirement.

Your ERS Tier 3 and 4 milestones and pension calculation depend on your retirement plan, so it is important to familiarize yourself with the details of your plan. Most ERS Tier 3 and 4 members are in the Article 15 retirement plan (named for a section of the New York State Retirement and Social Security Law). If you see Plan A15 listed in the ‘My Account Summary’ section of your Retirement Online account, you’re in this plan. For members not covered by the Article 15 retirement plan, visit our website to Find Your NYSLRS Retirement Plan Publication.

Important ERS Tier 3 and 4 Milestones

ERS Tier 3 and 4 member milestones

Here are some additional important milestones for Tier 3 and 4 members in the Article 15 retirement plan:

  • With ten years of service credit, you can apply for a non-job-related disability benefit if you are permanently disabled and cannot perform your duties because of a physical or mental condition.
  • With ten years of service credit, your beneficiaries may be eligible for an out-of-service death benefit if you leave public employment and die before retirement.
  • Ten years also marks the point when you are no longer able to withdraw your membership and receive a refund of your contributions if you leave public employment.
  • You are eligible to retire once you are age 55 and have five years of service credit. However, for most Tier 3 and 4 members, there would be reductions to your benefit if you retire before age 62 with less than 30 years of service credit.
  • You can retire with full benefits at age 62.
    • If you retire with less than 20 years of service, your pension will equal 1.66 percent of your final average earnings (FAE) for each year of service.
    • If you retire with 20 to 30 years of service, your pension will equal 2 percent of your FAE for each year of service.
    • For each year of service beyond 30 years, you will receive 1.5 percent of your FAE.

Note: When you retire, your FAE will be based on the average of your three highest consecutive years of earnings. The law limits the FAE of all members who joined on or after June 17, 1971. Read our blog post, Calculating Your Final Average Earnings, for more information, including how your FAE will be calculated and limitations.

Most members can estimate their pension in Retirement Online. You can fine tune your estimate by entering your annual earnings and expected pay increases. You can also include any service credit you plan to purchase.

ERS Tier 5 Milestones

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If you joined the Employees’ Retirement System (ERS) on or after January 1, 2010, but before April 1, 2012, you are a Tier 5 member. Let’s look at the ERS Tier 5 milestones you will reach over the course of your public service career and how they will affect your benefits.

Why Milestones Matter

As a NYSLRS member, you earn service credit for your paid public employment. Generally, one year of full-time work equals one year of service credit. As you earn service credit, you’ll reach career milestones that will make you eligible for certain benefits or for increases to your existing benefits. Understanding these milestones will help you plan for retirement.

Your ERS Tier 5 milestones and pension calculation depend on your retirement plan, so it is important to familiarize yourself with the details of your plan. Most ERS Tier 5 members are in the Article 15 retirement plan (named for a section of the New York State Retirement and Social Security Law). If you see Plan A15 listed in the ‘My Account Summary’ section of your Retirement Online account, you’re in this plan. For members not covered by the Article 15 retirement plan, visit our website to Find Your NYSLRS Retirement Plan Publication.

Important ERS Tier 5 Milestones

ERS Tier 5 milestones

Here are some additional important milestones for Tier 5 members in the Article 15 retirement plan:

  • With ten years of service credit, you can apply for a non-job-related disability benefit if you are permanently disabled and cannot perform your duties because of a physical or mental condition.
  • With ten years of service credit, your beneficiaries may be eligible for an out-of-service death benefit if you leave public employment and die before retirement.
  • Ten years also marks the point when you are no longer able to withdraw your membership and receive a refund of your contributions if you leave public employment.
  • You are eligible to retire once you are age 55 and have at least five years of service credit. However, for most Tier 5 members, there would be reductions to your benefit if you retire before age 62.
  • You can retire with full benefits at age 62.
    • If you retire with less than 20 years of service, your pension will equal 1.66 percent of your final average earnings (FAE) for each year of service.
    • If you retire with 20 to 30 years of service, your pension will equal 2 percent of your FAE for each year of service.
    • For each year of service beyond 30 years, you will receive 1.5 percent of your FAE.

Note: When you retire, your FAE will be based on the average of your three highest consecutive years of earnings. The law limits the FAE of all members who joined on or after June 17, 1971. Read our blog post, Calculating Your Final Average Earnings, for more information, including how your FAE will be calculated and limitations.

Most members can estimate their pension in Retirement Online. You can fine tune your estimate by entering your annual earnings and expected pay increases. You can also include any service credit you plan to purchase.

PFRS Milestones

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The Police and Fire Retirement System (PFRS) covers more than 35,000 police officers and firefighters across New York State. Let’s look at the PFRS milestones you will reach over the course of your public service career and how they will affect your benefits.

Why Milestones Matter

As a NYSLRS member, you earn service credit for your paid public employment. Generally, one year of full-time work equals one year of service credit. As you earn service credit, you’ll reach career milestones that will make you eligible for certain benefits or for increases to your existing benefits.

Some milestones are common to most PFRS members; others are shared by members in a particular tier or retirement plan. For example, your plan determines when you would be eligible to apply for a non-job-related disability benefit. Understanding these milestones will help you plan for retirement.

Important PFRS Milestones

PFRS milestones

Special Retirement Plans

Most PFRS members are in special retirement plans, which allow you to retire after 20 or 25 years of service regardless of age.

If you retire at your 20- or 25-year milestone, your pension will be 50 percent of your final average earnings (FAE). Depending on your retirement plan, you may earn 1.66 percent of your FAE for each year you work beyond the 20 or 25 years, however for most PFRS members, a maximum of 32 years of service can be used in your pension calculation.

Final Average Earnings

A new law improves your pension benefits. When you retire, your FAE will be based on the average of your three highest consecutive years of earnings, the same as members in other tiers. Read our blog post, Calculating Your Final Average Earnings, for more information, including how your FAE will be calculated and limitations.

Eligible Service

PFRS members in special plans should be aware that not all public employment counts towards reaching the 20- or 25-year milestone. Service usually must be in specific job titles to be creditable toward your pension benefit. For example, if you are in the New York State Police Plan, service with a city police department would be creditable, but service as a sheriff’s deputy or corrections officer would not be. PFRS members may be eligible to purchase credit for military service to reach 20 or 25 years.

More Information About Your Benefits

Most members can estimate their pension in Retirement Online. You can fine tune your estimate by entering your annual earnings and expected pay increases. You can also include any service credit you plan to purchase.

Your specific PFRS milestones, along with your eligible service and pension calculation, are determined by your retirement plan, so it is important to familiarize yourself with the details of your plan. You can visit our website to Find Your NYSLRS Retirement Plan Publication.

ERS Tier 6 Milestones

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If you joined the Employees’ Retirement System (ERS) on or after April 1, 2012, you are a Tier 6 member. Let’s look at the ERS Tier 6 milestones you will reach over the course of your public service career and how they will affect your benefits.

Why Milestones Matter

As a NYSLRS member, you earn service credit for your paid public employment. Generally, one year of full-time work equals one year of service credit. As you earn service credit, you’ll reach career milestones that will make you eligible for certain benefits or for increases to your existing benefits. Understanding these milestones will help you plan for retirement.

Your ERS Tier 6 milestones and pension calculation depend on your retirement plan, so it is important to familiarize yourself with the details of your plan. Most ERS Tier 6 members are in the Article 15 retirement plan (named for a section of the New York State Retirement and Social Security Law). If you see Plan A15 listed in the ‘My Account Summary’ section of your Retirement Online account, you’re in this plan. For members not covered by the Article 15 retirement plan, visit our website to Find Your NYSLRS Retirement Plan Publication.

Important ERS Tier 6 Milestones

ERS Tier 6 milestones

Here are some additional important milestones for Tier 6 members in the Article 15 retirement plan:

  • With ten years of service credit, you can apply for a non-job-related disability benefit if you are permanently disabled and cannot perform your duties because of a physical or mental condition.
  • With ten years of service credit, your beneficiaries may be eligible for an out-of-service death benefit if you leave public employment and die before retirement.
  • Ten years also marks the point when you are no longer able to withdraw your membership and receive a refund of your contributions if you leave public employment.
  • You are eligible to retire once you are age 55 and have at least five years of service credit. However, for most Tier 6 members, there would be reductions to your benefit if you retire before age 63.
  • You can retire with full benefits at age 63.
    • If you retire with less than 20 years of service, your pension will equal 1.66 percent of your final average earnings (FAE) for each year of service.
    • If you retire with 20 years of service, your pension will equal 1.75 percent of your FAE for each year of service.
    • For each year of service beyond 20 years, you will receive 2 percent of your FAE.

Note: A new law improves your pension benefits. When you retire, your final average earnings (FAE) will be based on the average of your three highest consecutive years of earnings, the same as members in other tiers. Read our blog post, Calculating Your Final Average Earnings, for more information, including how your FAE will be calculated and limitations.

Most members can estimate their pension in Retirement Online. You can fine tune your estimate by entering your annual earnings and expected pay increases. You can also include any service credit you plan to purchase.

Calculating Your Final Average Earnings

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As a NYSLRS member, you have a defined benefit plan that provides a lifetime pension when you retire. Your NYSLRS pension benefit amount will be determined by several factors, including your tier, service credit, and final average earnings (FAE).

When we calculate your pension, we find the consecutive years when your earnings were highest. These are usually your years of employment immediately before retirement, but they can be anytime in your career and do not need to match up with calendar years or fiscal years.

Update: Tier 6 Final Average Earnings Based on Highest Three Years

A new law improves the pension benefits of NYSLRS Tier 6 members. When you retire, your FAE will be based on the average of your three highest consecutive years of earnings, the same as members in other tiers.

These improvements apply to members who retire on or after:

  • April 1, 2024, for Police and Fire Retirement System (PFRS) Tier 6.
  • April 20, 2024, for Employees’ Retirement System (ERS) Tier 6.

Previously, your FAE was the average of your highest five consecutive years of earnings.

If you recently retired and the change applies to you, we have updated your pension calculation — you don’t need to contact us. The new law does not apply to members who retired before the dates above.

Understanding Final Average Earnings Limits

If your earnings increase significantly through the years used in your FAE, some of those earnings may not be used toward your pension.

Your limit depends on whether you’re an ERS or PFRS member and your tier. For most members, if the earnings in any 12-month period in your FAE exceed the average of the previous two years by more than 10 percent, the amount above 10 percent will not be included in your FAE calculation.

Calculating Your Final Average Earnings

For more information, including limits for other tiers, visit our Final Average Earnings page.

Types of Earnings Included in Your FAE

The specific types of earnings included in your FAE calculation depend on your retirement plan and tier. Please check your plan publication for details.

In most cases, your FAE will include the payments listed below, if they are earned in the FAE period. (In some cases, restrictions may apply.)

In most cases, the following payments will not be included in your FAE calculation:

  • Unused sick leave;
  • Payments made as a result of working your vacation;
  • Any form of termination pay;
  • Payments made in anticipation of retirement; and
  • Any payments made for time not worked.

Federal Tax Withholding and Your Pension

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Most NYSLRS pensions are subject to federal income tax. If your last federal tax bill or return was larger than you expected and you want to change the amount withheld from your NYSLRS pension, Retirement Online makes it fast and convenient to update your federal tax withholding. If you haven’t signed up yet, learn more about Retirement Online and click “Register Now” to open your account.

federal tax withholding and your pension

Understanding Your Federal Tax Withholding

NYSLRS calculates the amount withheld from your monthly benefit payment based on the information you provide us on a W-4P form (Withholding Certificate for Pension or Annuity Payments).

The Internal Revenue Service (IRS) released a revised version of their W-4P form, which no longer allows tax filers to adjust their withholding by electing a specific number of allowances. To comply with the IRS’ requirements, NYSLRS updated our tax withholding form. You do not need to submit a new W-4P to NYSLRS unless you want to change the amount of your tax withholding.

Updating Your Withholding

Retirement Online provides an online form that collects the same information as the paper W-4P form, and your updates will be made more quickly if you submit them online.

  • Sign in to Retirement Online.
  • From your Account Homepage, click the green “Update My W-4P Tax Information” button.
  • Follow the steps to update your withholding.

Basic Withholding

Step 1. Select your filing status. If you want your federal withholding to be based only on the benefit amount you receive from NYSLRS, with no adjustments, you can skip steps 2 – 4.

Adjustments to Withholding (Dependents, Tax Credits)

Complete Steps 2 – 4 ONLY if they apply to you.

Step 2. If you have income from a job or more than one pension/annuity, in addition to your NYSLRS pension, or if you’re married filing jointly and your spouse receives income from a job or pension/annuity, you can enter that in Step 2.

Click the ‘View Instructions’ link or see page 2 of the current IRS Form W-4P for examples that may help you with this step.

Step 3. If you need to claim dependents, you can enter that information in Step 3.

Step 4. If you have other adjustments to make — other income, deductions or extra withholding — you can complete Step 4.

Click the ‘View Instructions’ link or see page 3 of the current IRS Form W-4P for instructions and a worksheet that may help you with this step.

If you update your federal withholding online by the middle of the month, your changes will generally be applied that month. We’ll notify you by mail or email (depending on your contact preference) when the update has been completed.

If You Need Help

Our Taxes and Your Pension page has additional information about federal withholding, including what to do if you receive more than one benefit payment from NYSLRS, 1099-R tax form information and more.

If you need assistance completing the form, visit the IRS’ website and read the current revision of the IRS Form W-4P (detailed instructions start on page 2). You can also find phone numbers and online resources on the IRS’ Let Us Help You page.

If you’re not sure whether you need to adjust your federal withholding or if you have other tax questions, you may want to check with a tax preparer.

Working After Retirement: Retiree Earnings Limit

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As a NYSLRS retiree, you can work and still receive your pension, but you should be aware there may be a limit on how much you can earn each year without affecting your NYSLRS pension.

Working After Retirement: Retiree Earnings Limit

Working While Receiving a Service Retirement Benefit

An earnings limit of $35,000 generally applies to NYSLRS retirees who:

  • Are under age 65;
  • Receive a service retirement benefit (see disability benefit rules below); and
  • Return to work for a public employer (including contract or consultant work, if you joined NYSLRS on or after May 31, 1973).

2024 Update Regarding the Earnings Limit

The earnings limit for retirees employed by school districts and Boards of Cooperative Educational Services (BOCES) is suspended through June 30, 2025 (April 2024 legislation extended the date from 2024 to 2025). The earnings limit suspension for school employees does not apply to retirees who work for a college, university or charter school.

For most other retirees under the age of 65, the $35,000 limit is in effect and applies to the entire calendar year in 2024.

There is no earnings limit if you are self-employed or if you work for:

  • The federal government;
  • A state or local government in another state; or
  • A private employer.

Also, beginning in the calendar year you turn 65, the earnings limit no longer applies.

Note: Special rules apply to elected officials.

Working While Receiving a Disability Retirement Benefit

Almost all earnings for retirees who are working while receiving a disability retirement benefit are limited whether they work for a public or private employer. The limit is specific to each retiree. To find out your earnings limit, please contact us.

How the Limit Applies

The limit applies to all earnings for the calendar year, including money earned in the calendar year, but paid in a different calendar year (for example earned in December but paid in January).

The limit does not apply to:

  • Payments received after you retire from your employer, such as for vacation or sick time you earned when you were still working; and/or
  • A retroactive payment for a new union contract, if the earnings are for employment before you retired.

Reporting Your Earnings

It is your responsibility to notify NYSLRS if you earn more than the limit. If you know you are going to exceed the limit, contact us at least a month before you do.

You can message us using the secure contact form, or you can fax a letter to 518-402-2498. Be sure to include the name of your employer, the approximate date you expect to exceed the limit and a daytime phone number in case we have questions.

If You Exceed the Earnings Limit

If you earn more than the limit, you must:

  • Pay back NYSLRS for the pension payments you received after the date you reached the limit. If you continue to work, your pension will be suspended for the remainder of the calendar year and resume the following January.

    OR

  • Rejoin NYSLRS, in which case your pension will be suspended until you retire again at some future date. (You’d need to reapply.)

Earnings Limit Waiver

Under Section 211 of the Retirement and Social Security Law, the earnings limit can be waived if your prospective employer gets approval before hiring you. Approval is not automatic; it is based on the employer’s needs and your qualifications. In most cases, the New York State Department of Civil Service would be the approving agency. A Section 211 waiver covers a fixed period, normally up to two years.

For More Information

Before you decide to return to work, please read our publication What If I Work After Retirement? It includes information such as how earnings limits are calculated for retirees receiving a disability retirement benefit, consequences to consider before returning to NYSLRS membership and more. If you have questions, please contact us.

Estimate Your Pension in Retirement Online

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Here is an important retirement planning tip — most members can create their own pension estimate in minutes using Retirement Online. Your estimate will be based on the most up-to-date account information we have on file for you. You can enter different retirement dates to see how those choices would affect your benefit. When you’re done, you can print your pension estimate or save it for future reference.

Estimate Your Pension in Retirement Online

How to Create a Pension Estimate

To get started:

  • Sign in to Retirement Online.
  • Click the ‘Estimate my Pension Benefit’ button to access the pension calculator.
  • Enter the date (or age) you plan to retire.

You can fine tune your estimate by entering your annual earnings and expected pay increases. You can also include any service credit you plan to purchase. If you add the birthdate for a beneficiary, you’ll see the estimated monthly payment amounts under the pension payment options that provide a benefit for a survivor.

Remember, the pension amounts you’ll see are just an estimate; it is not a guarantee of what you’ll receive when you retire.

Most Tier 2 through 6 members (more than 90 percent of all NYSLRS members) can use the Retirement Online pension calculator. However, some members may not be able to because of their circumstances — for example, members who recently transferred to NYSLRS, some PFRS members, or Tier 6 members with between five and ten years of service. The system will notify you if your estimate cannot be completed using the Retirement Online pension calculator. Please contact us to request a pension estimate if you receive this notification.

Do More With Retirement Online

In Retirement Online, you can view your date of membership, tier, retirement plan, estimated total service credit and more. Purchase previous service credit well before retirement and save on interest costs. Check out what else members can do in Retirement Online.

If you don’t already have an account, learn more and register for one today. If you need help with Retirement Online, read our Retirement Online Tools and Tips blog post.