If you are the spouse of a TRS member or TRS beneficiary, New York State law provides that you may elect a share of your deceased spouse's estate even if you were not named as a beneficiary. If TRS has not yet distributed the benefits payable upon the death of a member or beneficiary, we will refrain from making a death benefit payment or transfer to the designated beneficiaries upon being served with a certified copy of a court order instructing us to do so.

Generally, you must exercise a right of election within six months from the date of issuance of letters testamentary or of letters of administration, and generally must assert this right no later than two years after the date of the decedent's death. For more information, please see the What is a spousal right of election, and how could it affect the distribution of benefits after the death of a TRS member? FAQ above.

TRS strongly urges you to consult with an attorney if you are contemplating exercising a spousal right of election. TRS will be held harmless and free from any liability for making any payment or transfer to a person who would be otherwise entitled to such funds if not for the surviving spouse's exercise of a right of election. In all cases, the specific provisions of the governing laws, rules, and regulations will prevail.