Divorce can affect many aspects of your life, including your retirement benefits. If you find yourself going through a divorce, here are some other important things to consider:

• Your retirement benefit is considered marital property, and your spouse may be entitled to a portion of your benefit in the event of divorce.
• The State of Michigan enacted the Eligible Domestic Relations Order Act (MCL 38.1701 et seq) — also known as EDRO Act — to authorize the payment of public employee retirement system assets to certain individuals and to prescribe the powers and duties of certain retirement systems, state departments, public officials, and public employees.
• If you are going through a divorce and there is an intended assignment of a share of your MERS benefit(s), a domestic relations order (DRO) must be entered with the court and filed with MERS and/or Empower.

Defined Benefit Plan (DB)

Follow these steps:

1. Fill out the applicable sample DRO/EDRO. These sample orders are to help reduce errors and allow our members and their attorneys to create orders that can be administered under Michigan statutes, the MERS Plan Document(s) and the EDRO Act.

1. • DRO for DB Plan (form 71) — for retired DB plan members only.
   • EDRO for DB Plan (form 72) — for active/terminated DB plan members.
2. Send us a copy of your proposed order for review and pre-approval prior to its entry with the court (optional).
3. Send us a complete copy of your entered Judgment of Divorce.
4. Send us a copy of any entered domestic relations order(s) (if an assignment is ordered).
5.  Review your beneficiaries. Any designation or status of your former spouse as your beneficiary terminates upon entry of the judgment of divorce unless otherwise required by the judgment of divorce or other order of the court that meets the requirements of applicable law. (Nothing prevents you from designating a former spouse as a beneficiary subsequent to the divorce).

Hybrid

You will need to enter your DRO/EDRO twice, once for each portion of your plan.

• To enter for the Hybrid Part I (Defined Benefit) portion of your plan, follow the steps above.
• To enter for the Hybrid Part II (Defined Contribution) portion of your plan, follow the steps below.

Defined Contribution, 457 Program, IRA

Follow these steps:

1. Sign in to your online account at Empower or contact the MERS team at Empower for instructions to contact QDRO Consultants.
2. Submit all required documentation directly to QDRO Consultants for processing.
3. Send us a complete copy of your Judgment of Divorce and a copy of the final domestic relations order after your divorce is granted.
4. If any separation of account assets is required, Empower will take direction from the order and contact the former spouse with instructions on setting up their account.

Domestic Relations Order (DRO), Qualified Domestic Relations Order (QDRO) and Eligible Domestic Relations Orders (EDRO) are specific types of court orders that divide a public employee’s retirement pension. Processing fees may apply. The MERS team at Empower utilizes QDRO Consultants, LLC to support all Domestic Relations Orders, Qualified Domestic Relations Orders.

For more information about divorce and its impact on your retirement account, please refer to your retirement plan handbook or call our Service Center. Help figuring out what program you have.