[Where member is not required to elect an option in favor of the alternate payee]

ORDERED, that at such time as Participant has retired from and is actually receiving a retirement allowance from the New York State Teachers’ Retirement System (hereinafter “NYSTRS”), the said NYSTRS, in accordance with the Equitable Distribution Law, is directed to pay to the Alternate Payee, from Participant’s retirement allowance, one half of a fraction of Participant’s maximum monthly retirement allowance prior to optional modification and prior to any withholding for taxes or other items. The numerator of said fraction shall be the number of years (and fractions thereof) of service credit accrued by Participant in the NYSTRS after ________ (the date of the marriage) and before __________ (the earlier of (i) the date of commencement of the action, or (ii) the date of separation agreement, if any), and the denominator shall be the total number of years of service credit in said NYSTRS used by NYSTRS in calculating Participant’s retirement benefit at the time of retirement. The term “retirement allowance”, as used herein, shall be deemed to include any annuity as well as any cost-of-living adjustment which may be paid by NYSTRS to Participant. Nothing contained in this Order shall in any way require the NYSTRS to provide any form, type, or amount of benefit not otherwise available by law. The NYSTRS shall have no obligation or responsibility as a consequence of this action apart from the specific directions contained in this paragraph.

[Where member is required to elect an option in favor of the alternate payee]

ORDERED, that at such time as Participant has retired from and is actually receiving a retirement allowance from the New York State Teachers’ Retirement System (hereinafter “NYSTRS”), the said NYSTRS, in accordance with the Equitable Distribution Law, is directed to pay to the Alternate Payee, from Participant’s retirement allowance, one half of a fraction of Participant’s maximum monthly retirement allowance prior to optional modification and prior to any withholding for taxes or other items. The numerator of said fraction shall be the number of years (and fractions thereof) of service credit accrued by Participant in the NYSTRS after ________ (the date of the marriage) and before __________ (the earlier of (i) the date of commencement of the action, or (ii) the date of separation agreement, if any), and the denominator shall be the total number of years of service credit in said NYSTRS used by NYSTRS in calculating Participant’s retirement benefit at the time of retirement. The Alternate Payee’s share of the Participant’s monthly retirement allowance, however, shall be reduced dollar for dollar by the amount of the reduction in the Participant’s monthly retirement allowance resulting from the election of optional survivor protection required by this Order. The term “retirement allowance”, as used herein, shall be deemed to include any annuity as well as any cost-of-living adjustment which may be paid by NYSTRS to Participant. Nothing contained in this Order shall in any way require the NYSTRS to provide any form, type, or amount of benefit not otherwise available by law. The NYSTRS shall have no obligation or responsibility as a consequence of this action apart from the specific directions contained in this paragraph; and be it further

ORDERED, that, at the time of retirement, the Participant shall elect [describe option].