End of Watch: NYPD & FDNY Pension Drafting in the Era of the Retirement Wave: Why Citing Majauskas Is No Longer Enough

New York City's police and fire departments are in the middle of the largest retirement wave in their history. Many of the officers and firefighters hired in the late 1990s and in the years immediately following September 11th are now reaching retirement, or are already retired. In a growing number of cases, these men and women are facing divorce at the same time. For these families, the pension can be a complex component of the marital state for both the participant, the spouse, and the practitioner.

The law governing these cases has grown more complex over the last 25 years. These are governmental plans entirely outside the ERISA framework, with a core service pension layered over an Annuity Savings Fund excess, a Variable Supplemental Fund and its DROP, disability classifications, retirement option elections, and buyback credit. Citing Majauskas and moving on is no longer enough. Under McCoy v. Feinman and its progeny, silence in a settlement agreement is not a technical oversight - it is a permanent forfeiture of marital property that no later order can cure absent both parties' consent.

This program provides a focused, practical 60-minute framework covering tier architecture, Majauskas application, the assets most DROs miss, disability classification, the 2025 case law on buyback credit, the survivor benefit trap, support modification contingencies, and a malpractice checklist. This course is perfect for new or experienced attorneys who wish to provide a better level of service for our clients who are facing tough decisions with regard to retirement and asset division during divorce. Resources from Northstar QDRO are referenced throughout as practical tools for new and experienced practitioners alike.

Learning Objectives: 

1. Identify the member's NYPD or FDNY pension tier and explain how tier membership controls the benefit formula, retirement calculation, and DRO strategy

2. Apply the Majauskas formula to NYPD and FDNY pensions and distinguish between the use of a Majauskas fraction and a fixed share

3. Understand the evolving case law,  especially as it applies to buyback credit, the survivor benefit trap, support modification contingencies, and a malpractice checklist