Understanding LACERS Benefits After Divorce
When a couple divorces in Los Angeles and one spouse is a member of the Los Angeles City Employees’ Retirement System (LACERS), the member’s pension benefits are considered community property and may be subject to division. To facilitate this division, a Domestic Relations Order (DRO) is required. Unlike private-sector plans, public-sector plans like LACERS use a DRO because they are exempt from the Employee Retirement Income Security Act (ERISA).
What is a DRO?
A DRO is a legal order issued by a court in the context of a divorce or legal separation that directs LACERS to allocate a portion of the member’s retirement benefits to their former spouse, referred to as the “nonmember spouse.” The DRO must clearly specify the nonmember spouse’s entitlement to a portion of the retirement benefits. It’s essential to understand that a Judgment of Dissolution or a Marital Settlement Agreement alone is not sufficient to divide LACERS benefits; a separate DRO is necessary.
Division Options for LACERS Pensions
A DRO can divide a LACERS pension in a couple of ways:
- In-Kind Division: The nonmember spouse is typically awarded one-half of the community interest in the LACERS benefits. The community property interest is determined by the “time rule formula,” where the member’s service from the date of marriage through the date of separation (marital service) is divided by the member’s total service. This method ensures that the nonmember spouse receives a proportionate share of the benefits accrued during the marriage.
- Segregation Division: The nonmember spouse receives a fixed percentage (usually 50%) of the retirement benefits earned during the marriage. This method provides a clear and straightforward division of benefits, allowing each party to manage their share independently. For example, if a member is not yet retired, the ex-spouse can access these benefits once they reach age 55 or earlier under certain conditions, as outlined in guides for dividing LACERS benefits during a divorce or legal separation.
Survivor Benefits and DROs
LACERS offers a Continuance benefit, which provides ongoing payments to an eligible surviving spouse or domestic partner after the member’s death. However, if a divorce occurs after retirement, the Continuance benefit for the former spouse or domestic partner will be eliminated. It’s crucial to have the DRO entered before retirement (if possible) and to address the allocation of survivor benefits in the DRO to ensure that the nonmember spouse’s rights are clearly defined.
Must the DRO be Finalized Before Retirement?
While a DRO does not need to be finalized before a member retires, it’s highly advisable to have it in place before the retirement benefits are finalized. This is because certain retirement options cannot be changed once the benefit is finalized. If LACERS receives a valid draft DRO before finalization, they will hold the retirement benefit processing until the court-ordered DRO is received.
Get Started
Dividing a LACERS pension in a divorce is a complex process that requires careful planning and attention to detail. A properly drafted DRO is essential to ensure a fair and equitable division of this valuable marital asset. Understanding the different division options, survivor benefits, health plan implications, and other key provisions is crucial to protect your financial future. It’s essential to seek legal advice from an experienced attorney specializing in DROs early in the divorce process.
Set Up a Free Consultation Today
If you’re facing a divorce and need assistance with dividing a LACERS pension, contact us at Peacock QDROs to schedule a consultation. Our experienced attorneys can guide you through the process, draft a comprehensive DRO, and ensure your interests are protected. The Peacock QDROs team has successfully handled numerous California government pension divisions, providing clients with the expertise and support they need to navigate this complex area of divorce law. Visit PeacockEsq.com or call (929) 437-3767 to learn more.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and regulations may change, and individual cases vary. Consult an attorney for legal guidance specific to your situation.
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Attorneys & Staff
William "willie" peacock, Esq.
Willie is an attorney licensed to practice in California since 2011. He has since added admissions in Missouri, New York, New Jersey, Iowa, Kansas, Connecticut, and North Dakota.
He was born and raised in Missouri, went to high school and college in California, and returned there after attending the prestigious Washington and Lee University, School of Law in Lexington, Virginia. He relocated to New York and relaunched his law firm in 2018, focusing exclusively on retirement—estate planning and division of retirement accounts through qualified domestic relations orders (QDROs).
He has written for Thomson Reuters, Clio, and California Lawyer, and his writings have been cited by the American Bar Association, Above the Law, and other leading legal publications.
He is currently rated a perfect 10.0 by Avvo.com, and more importantly, has a perfect 5-star rating from his past clients on all major review sites.
