When a TRS member or TRS beneficiary dies, New York State law provides that his/her spouse may elect a share of the deceased spouse's net estate,^ even if the spouse was not designated as a beneficiary. The elective share is the greater of $50,000, or one-third of the net estate. If the net estate is less than $50,000, the elective share is the net estate. Benefits from TRS' Qualified Pension Plan (QPP) and Tax-Deferred Annuity (TDA) Program accounts are included in calculating the net estate.

Please note that the rules described above do not apply to divorced spouses. They also do not apply if the decedent designated the beneficiary of the TRS benefits on or before September 1, 1992 and did not subsequently change the beneficiary designation.

^The net estate, as defined by New York State statute, consists of the net probate assets, as well as testamentary substitutes.