Preretirement marriage dissolution and your TRA benefits
Your TRA pension is a marital asset and may be subject to division. Because TRA is a public pension plan governed by Minnesota law, it is exempt from federal Qualified Domestic Relations Order (QDRO) requirements. Specific language is required for an order to be enforceable.
To avoid the time and expense of correcting a rejected order, we strongly recommend submitting a draft version of your proposed language to TRA before it is signed by a judge.
Court orders and documentation
To process a division of benefits, TRA requires official documentation.
Divorce decree:
You must submit a certified copy of all decrees, even if you were awarded your entire TRA benefit. Certified copies can generally be obtained from the county courthouse where the divorce was granted.
Domestic relations order (DRO):
TRA does not require a separate DRO if the specific division language is included in your main decree. However, if your decree requires a separate DRO, you must submit certified copies of both.
Out-of-state orders:
TRA can only accept a decree from another state after it has been “domesticated” (filed) in a Minnesota district court.
Important beneficiary designation information
Divorce automatically revokes a former spouse as your beneficiary or survivor under Minnesota law.
To ensure benefits are paid according to your court order, you must submit a new Pre-Retirement Death Benefits form after the divorce is finalized.
Survivor and death benefits
If you are a vested member and die before retirement, survivor benefits may be available.
- Court-ordered claims: If a court order requires a former spouse to be a beneficiary, but does not specify a “lifetime survivor benefit,” their eligibility for a payment depends on the type of death benefit payable at the time of your death.
- Potential payments: A former spouse may receive a proportionate share of a monthly survivor annuity or a one-time lump-sum payment of your accumulated member contributions plus interest.
Payments to a former spouse
- Timing: Payments to a former spouse only begin when you apply for and start receiving a monthly benefit or refund.
- Death of a member: Continued payments to a former spouse depend on the retirement annuity plan selected at retirement. Unless the court order mandates a specific plan, you can choose any available option.
- Death of a former spouse: Their share is paid to their named beneficiary or estate, unless the court order specifically states the benefit reverts to you.
Legal guidance for counsel
The information below is designed to help you and your legal counsel draft an order that complies with Minnesota Statutes, sections 518.58, 518.581, and 518.582, as well as the TRA retirement laws found in chapters 354 and 356.
- Guidelines for Composing Court Orders (Preretirement)
- Sample Domestic Relations Order (DRO) Language (PDF)
Disclaimer
TRA staff members provide administrative assistance but do not provide legal advice regarding marriage dissolution. It is the member’s responsibility to seek private legal counsel. TRA’s primary responsibility is to ensure the pension plan remains in compliance with Minnesota Statutes, chapters 354 and 356, and does not exceed the total benefit amount permitted by law. Only a court with proper jurisdiction may provide a final interpretation of a dissolution decree.
Contact us
For detailed information regarding your specific circumstances, contact TRA.
