Who receives the death benefit if a divorced member of TRS dies?
TRS generally makes death benefit payments in accordance with the member's most recent beneficiary designations. However, if the designated beneficiary is a former spouse through divorce, annulment, or judicial separation, the designation may be considered revoked. In accordance with Chapter 173 of the Laws of 2008, a former spouse is treated as having predeceased the member. Benefits that would have been payable to the former spouse would instead be payable to the member's estate or another beneficiary on file (if applicable).
However, there are some instances where the designation of a former spouse would not be revoked. These include irrevocable designations made by the member (such as those made under a "continuing payment" option for the retirement allowance) and requirements specified in an instrument such as a domestic relations order.
In order to revoke the designation of a former spouse, TRS must receive written notice of the divorce, annulment, or judicial separation before issuing the benefit in question.