Valachovic v. Valachovic

Appeal from an order of the Supreme Court (Kramer, J.), entered April 29, 2003 in Schenectady County, which denied defendant’s motion to receive a share of plaintiffs future benefit enhancements in the New York State Teachers’ Retirement System.

At the time of their September 2002 divorce, both plaintiff and defendant, as retired schoolteachers, were receiving pension benefits from the New York State Teachers’ Retirement System (hereinafter NYSTRS). At issue is whether plaintiffs purchase of three additional years of credit for military service (see L 2000, ch 548) is includable in the…