Table of Contents
The Nassau County Police Pension
For a Nassau County Police officer or spouse, the pension may be the biggest asset in the divorce.
First, let’s delve into your retirement benefits. Nassau County Police Department’s retirement plan extends to various roles, including ambulance medical technicians, supervisors, and others involved in related services. The plan covers Tiers 1, 2, 4, 5, and 6 members automatically. Tier 3 members who opted for the plan by January 1, 2000, now have the same privileges as Tier 4 members.
Creditable service is an important concept here. It includes all the service you have rendered in roles such as a polcie officer, ambulance medical technician, ambulance medical technician/supervisor, or related services. You may also be eligible for additional credit for service in the New York State Police, fire departments, police forces of any county, city, village, town, district, or in the office of a district attorney, and even certain military service. If you’re unsure about your eligibility, you should reach out to the Nassau County Police Department.
Nassau Police Pension – It’s Created by Statute and Contract.
The meat of your retirement plan, your benefits, are defined by Sections 89-s and 603(o) of the Retirement and Social Security Law (RSSL). Upon completion of 25 years of creditable service, you are entitled to 50 percent of your final average salary (FAS), regardless of age. Each year of service beyond 25 years adds 1/60th (1.66 percent) of your FAS, up to a maximum of 75 percent of your FAS.
Additionally, if you are eligible for benefits under your regular retirement plan, the Nassau County Police Department will compare those benefits with those under Section 89-s or 603(o) and pay you the greater amount.
Other Nassau Police Retirement Benefits
SCAT pay, or Sick, Compensation, Accumulated, and Time pay, is a lump-sum payment you receive at retirement for any unused sick and excess leave time. When an officer retires, they may be eligible for SCAT pay. The amount to be received will, of course, depend on how much SCAT pay was accumulated.
At some point after the retirement, the Nassau County Comptroller’s office will issue a check to the retiree. This check is pay, so there will be withholding on it. If the check is significant, there may be additional state and federal taxes on it. I would strongly suggest talking to an accountant to help minimize any potential tax hit from our friends in Albany and DC.
Police Pensions and Retirement Benefits in a Divorce
Now let’s turn to a less pleasant but equally crucial subject—how a divorce can impact these hard-earned benefits.
Here’s a reality we must address: If you go through a divorce, your pension benefits, accrued during the marriage, could be subject to division. New York operates under the principles of “equitable distribution,” meaning the courts aim to divide marital property in a manner that is fair but not necessarily equal. This includes your pension and SCAT pay.
Dividing the Nassau Police Pension: The Formula.
When determining the division of pension assets, the court applies a formula often referred to as the Majauskas formula (named after the precedent-setting case, Majauskas v. Majauskas). The formula considers two factors: the total amount of time you’ve contributed to the pension and the duration of your marriage during that contribution period.
The Majauskas formula is expressed as:
[1/2 x (Years of Pension Credit accrued during marriage / Total Years of Pension Credit at retirement)] x Pension.
The result of this formula gives the portion of the pension that is considered marital property and is subject to equitable distribution. We call this the “Marital Coveture.”
Now, this doesn’t necessarily mean your ex-spouse will get half of your pension. Rather, it provides a starting point for negotiation or judicial discretion. Other factors, such as each party’s financial situation, earning capacity, age, health, and the existence of other marital assets, can influence the final determination.
However, generally, the court will divide the marital coveture amount in half.
I’ve gone into detail on this in another blog, but let me just give a brief overview of how this is applied. Again, this basic formula is applicable to Nassau County Police Pensions and SCAT pay.
Let’s say the marriage was 20 years and the police officer spouse served for 20 overlapping years. 20 years of marriage/20years of service= 100% Marital coveture. The spouse will probably get 50% of the Nassau Police Pension.
Let’s say the marriage was for 10 years and the police officer spouse served for 20 overlapping years. 10 years of marriage/20 years of service = 50% of Marital coveture. The spouse would probably get 25% of the Nassau Police Pension
Understanding QDROs
Finally, when it comes to actually dividing and distributing a pension, the law requires a Qualified Domestic Relations Order (QDRO). A QDRO is a court order that spells out how much of your pension your ex-spouse is entitled to and how they will receive it. It’s crucial to have a legal professional draft this document to ensure it aligns with state laws and the specific rules of your pension plan.
Here’s a link to an article on QDROs.
“I Earned It, Why is My Spouse Getting Part of It?”
Under New York law, marriage is viewed as a partnership. Some people put in money, time or services. The statute was drafted to take into consideration that not all contributions in marriage are money. A stay-at-home spouse takes care of the children, the house and other aspects of the married life.
One point that female officers point out to me, is that they did all of that, while their husbands sat on the couch. As I said above, the court can take other factors into consideration. However, I will point out to fight the math will take more legal costs and could result in a trial. Predicting an outcome of a trial is tricky business and reputable attorneys will only provide odds and probabilities, never a guarantee.
Conclusion
Nassau Police Pensions and SCAT Pay can be subject to division in a divorce. Your particular case depends on your particular facts. Don’t rely on friends or even the internet. Consult with an attorney. Call Port and Sava, a Veteran Owned business. Whether you are the officer or spouse ask about our professional first responder discount. Call (516) 352-2999 for a free 15 minute telephone consultation.
