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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||||
5 | Section 1-119 and by adding Section 1-119.1 as follows:
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6 | (40 ILCS 5/1-119)
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7 | Sec. 1-119. Qualified Illinois Domestic Relations Orders.
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8 | (a) For the purposes of this Section:
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9 | (1) "Alternate payee" means the spouse, former spouse, | ||||||||||||||||||||||||||
10 | child, or other
dependent of a member, as designated in a | ||||||||||||||||||||||||||
11 | QILDRO.
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12 | (2) "Death benefit" means any nonperiodic benefit | ||||||||||||||||||||||||||
13 | payable upon the
death of a member to a survivor of the | ||||||||||||||||||||||||||
14 | member or to the member's
estate or designated beneficiary, | ||||||||||||||||||||||||||
15 | including any refund of contributions
following the | ||||||||||||||||||||||||||
16 | member's death, whether or not the benefit is so called | ||||||||||||||||||||||||||
17 | under
the applicable Article of this Code.
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18 | (3) "Disability benefit" means any periodic or | ||||||||||||||||||||||||||
19 | nonperiodic benefit
payable to a disabled member based on | ||||||||||||||||||||||||||
20 | occupational or nonoccupational
disability or disease, | ||||||||||||||||||||||||||
21 | including any periodic or nonperiodic increases in
the | ||||||||||||||||||||||||||
22 | benefit, whether or not the benefit is so called under the | ||||||||||||||||||||||||||
23 | applicable
Article of this Code.
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1 | (4) "Member" means any person who participates in or | ||||||
2 | has service
credits in a retirement system, including a | ||||||
3 | person who is receiving or is
eligible to receive a | ||||||
4 | retirement or disability benefit, without regard to
| ||||||
5 | whether the person has withdrawn from service.
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6 | (5) "Member's refund" means a return of all or a | ||||||
7 | portion of a member's
contributions that is elected by the | ||||||
8 | member (or provided by operation of
law) and is payable | ||||||
9 | before the member's death.
| ||||||
10 | (5.5) "Permissive service" means service credit | ||||||
11 | purchased by the member, unused vacation, and unused sick | ||||||
12 | leave that the retirement system includes by statute in a | ||||||
13 | member's benefit calculations.
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14 | (6) "Qualified Illinois Domestic Relations Order" or | ||||||
15 | "QILDRO" means an
Illinois court order that creates or | ||||||
16 | recognizes the existence of an alternate
payee's right to | ||||||
17 | receive all or a portion of a member's accrued benefits in | ||||||
18 | a
retirement system, is issued pursuant to this Section and | ||||||
19 | Section 503(b)(2)
of the Illinois Marriage and Dissolution | ||||||
20 | of Marriage Act, and meets the
requirements of this | ||||||
21 | Section. A QILDRO is not the same as a qualified domestic
| ||||||
22 | relations order or QDRO issued pursuant to Section 414(p) | ||||||
23 | of the Internal
Revenue Code of 1986. The requirements of | ||||||
24 | paragraphs (2) and (3) of that
Section do not apply to | ||||||
25 | orders issued under this Section and shall not be
deemed a | ||||||
26 | guide to the interpretation of this Section; a QILDRO is |
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1 | intended to
be a domestic relations order within the | ||||||
2 | meaning of paragraph (11) of that
Section.
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3 | (7) "Regular payee" means the person to whom a benefit | ||||||
4 | would be
payable in the absence of an effective QILDRO.
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5 | (7.5) "Regular service" means service credit earned by | ||||||
6 | the member, including a repayment of a refund for regular | ||||||
7 | service that the retirement system includes by statute in a | ||||||
8 | member's benefit calculations. "Regular service" does not | ||||||
9 | include service credit purchased by the member, unused | ||||||
10 | vacation, or unused sick leave.
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11 | (8) "Retirement benefit" means any periodic or | ||||||
12 | nonperiodic benefit
payable to a retired member based on | ||||||
13 | age or service, or on the amounts
accumulated to the credit | ||||||
14 | of the member for retirement purposes, including
any | ||||||
15 | periodic or nonperiodic increases in the benefit, whether | ||||||
16 | or not the
benefit is so called under the applicable | ||||||
17 | Article of this Code.
| ||||||
18 | (9) "Retirement system" or "system" means any | ||||||
19 | retirement system,
pension fund, or other public employee | ||||||
20 | retirement benefit plan that is
maintained or established | ||||||
21 | under any of Articles 2 through 18 of this Code.
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22 | (10) "Surviving spouse" means the spouse of a member at | ||||||
23 | the time of the
member's death.
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24 | (11) "Survivor's benefit" means any periodic benefit | ||||||
25 | payable to a
surviving spouse, child, parent, or other | ||||||
26 | survivor of a deceased member,
including any periodic or |
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1 | nonperiodic increases in the benefit or nonperiodic | ||||||
2 | payment included with the benefit, whether or not
the | ||||||
3 | benefit is so called under the applicable Article of this | ||||||
4 | Code.
| ||||||
5 | (b) (1) An Illinois court of competent jurisdiction in a | ||||||
6 | proceeding for
declaration of invalidity of marriage, legal | ||||||
7 | separation, or dissolution of
marriage that provides for | ||||||
8 | support or the distribution of property, or any proceeding to
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9 | amend or enforce such support or property distribution, may | ||||||
10 | order that all or any part
of any (i) member's retirement | ||||||
11 | benefit, (ii) member's refund payable to or on behalf
of the | ||||||
12 | member, or (iii) death benefit, or portion thereof, that would | ||||||
13 | otherwise be payable to the member's death benefit | ||||||
14 | beneficiaries or estate be instead paid by the retirement | ||||||
15 | system to the
alternate payee.
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16 | (2) An order issued under this Section provides only for | ||||||
17 | the diversion to
an alternate payee of certain benefits | ||||||
18 | otherwise payable by the retirement
system under the provisions | ||||||
19 | of this Code. The existence of a QILDRO shall
not cause the | ||||||
20 | retirement system to pay any benefit, or any amount of benefit,
| ||||||
21 | to an alternate payee that would not have been payable by the | ||||||
22 | system to a
regular payee in the absence of the QILDRO.
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23 | (3) A QILDRO shall not affect the vesting, accrual, or | ||||||
24 | amount of any
benefit, nor the date or conditions upon which | ||||||
25 | any benefit becomes payable,
nor the right of the member or the | ||||||
26 | member's survivors to make any election
otherwise authorized |
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1 | under this Code, except as provided in subsections (i)
and (j).
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2 | (4) A QILDRO shall not apply to or affect the payment of | ||||||
3 | any survivor's
benefit, disability benefit, life insurance | ||||||
4 | benefit, or health
insurance benefit.
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5 | (c) (1) A QILDRO must contain the name, mailing
address, | ||||||
6 | and social
security number of the member and of the alternate | ||||||
7 | payee and must identify
the retirement system to which it is | ||||||
8 | directed and the court issuing the order.
| ||||||
9 | (2) A QILDRO must specify each benefit to which it applies, | ||||||
10 | and it must
specify the amount of the benefit to be paid to the | ||||||
11 | alternate payee. In the case of a non-periodic benefit, this | ||||||
12 | amount must be specified as a dollar amount or as a percentage | ||||||
13 | as specifically provided in subsection (n). In the case of a | ||||||
14 | periodic benefit, this amount must be specified as a dollar | ||||||
15 | amount per month or as a percentage per month as specifically | ||||||
16 | provided in subsection (n).
| ||||||
17 | (3) With respect to each benefit to which it applies, a | ||||||
18 | QILDRO must specify
when the order will take effect. In the | ||||||
19 | case of a lump sum benefit payable to an alternate payee of a | ||||||
20 | participant in the self-managed plan authorized under Article | ||||||
21 | 15 of this Code, the benefit shall be paid upon the proper | ||||||
22 | request of the alternate payee. In the case of a periodic | ||||||
23 | benefit that is
being paid at the time the order is received, a | ||||||
24 | QILDRO shall take effect
immediately or on a specified later | ||||||
25 | date; if it takes effect
immediately, it shall become effective | ||||||
26 | on the first benefit payment date
occurring at least 30 days |
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1 | after the order is received by the retirement
system. In the | ||||||
2 | case of any other benefit, a QILDRO shall take effect when
the | ||||||
3 | benefit becomes payable, unless some later date is specified | ||||||
4 | pursuant to subsection (n).
However, in no event shall a QILDRO | ||||||
5 | apply to any benefit paid by the retirement
system before or | ||||||
6 | within 30 days after the order is received. A retirement
system | ||||||
7 | may adopt rules to prorate the amount of the first and final | ||||||
8 | periodic
payments to an alternate payee.
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9 | (4) A QILDRO must also contain any provisions required | ||||||
10 | under subsection (n)
or (p).
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11 | (5) If a QILDRO indicates that the alternate payee is to | ||||||
12 | receive a percentage of any retirement system benefit, the | ||||||
13 | calculations required shall be performed by the member, the | ||||||
14 | alternate payee, their designated representatives or their | ||||||
15 | designated experts. The results of said calculations shall be | ||||||
16 | provided to the retirement system via a QILDRO Calculation | ||||||
17 | Court Order issued by an Illinois court of competent | ||||||
18 | jurisdiction in a proceeding for declaration of invalidity of | ||||||
19 | marriage, legal separation, or dissolution of marriage. The | ||||||
20 | QILDRO Calculation Court Order shall follow the form provided | ||||||
21 | in subsection (n-5). The retirement system shall have no duty | ||||||
22 | or obligation to assist in such calculations or in completion | ||||||
23 | of the QILDRO Calculation Court Order, other than to provide | ||||||
24 | the information required to be provided pursuant to subsection | ||||||
25 | (h). | ||||||
26 | (6) Within 45 days after the receipt of a QILDRO |
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| |||||||
1 | Calculation Court Order, the retirement system shall notify the | ||||||
2 | member and the alternate payee (or one designated | ||||||
3 | representative of each) of the receipt of the Order. If a valid | ||||||
4 | QILDRO underlying the QILDRO Calculation Court Order has not | ||||||
5 | been filed with the retirement system, or if the QILDRO | ||||||
6 | Calculation Court Order does not clearly indicate the amount | ||||||
7 | the retirement system is to pay to the alternate payee, then | ||||||
8 | the retirement system shall at the same time notify the member | ||||||
9 | and the alternate payee (or one designated representative of | ||||||
10 | each) of the situation. Unless a valid QILDRO has not been | ||||||
11 | filed with the retirement system, or the QILDRO Calculation | ||||||
12 | Court Order does not clearly indicate the amount the retirement | ||||||
13 | system is to pay the alternate payee, the retirement system | ||||||
14 | shall implement the QILDRO based on the QILDRO Calculation | ||||||
15 | Court Order as soon as administratively possible once benefits | ||||||
16 | are payable. The retirement system shall have no obligation to | ||||||
17 | make any determination as to whether the calculations in the | ||||||
18 | QILDRO Calculation Court Order are accurate or whether the | ||||||
19 | calculations are in accordance with the parties' QILDRO, | ||||||
20 | agreement, or judgment. The retirement system shall not reject | ||||||
21 | a QILDRO Calculation Court Order because the calculations are | ||||||
22 | not accurate or not in accordance with the parties' QILDRO, | ||||||
23 | agreement, or judgment. The retirement system shall have no | ||||||
24 | responsibility for the consequences of its implementation of a | ||||||
25 | QILDRO Calculation Court Order that is inaccurate or not in | ||||||
26 | accordance with the parties' QILDRO, agreement, or judgment.
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1 | (d) (1) An order issued under this Section shall not be | ||||||
2 | implemented
unless a certified copy of the order has been filed | ||||||
3 | with the retirement
system. The system shall promptly notify | ||||||
4 | the member and the alternate
payee by first class mail of its | ||||||
5 | receipt of the order.
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6 | (2) Neither the retirement system, nor its board, nor any | ||||||
7 | of its employees
shall be liable to the member, the regular | ||||||
8 | payee, or any other person for
any amount of a benefit that is | ||||||
9 | paid in good faith to an alternate payee in
accordance with a | ||||||
10 | QILDRO.
| ||||||
11 | (3) Each new or modified QILDRO or QILDRO Calculation Court | ||||||
12 | Order that is submitted to the retirement system
shall be | ||||||
13 | accompanied by a nonrefundable $50 processing fee payable to | ||||||
14 | the
retirement system, to be used by the system to defer any | ||||||
15 | administrative costs
arising out of the implementation of the | ||||||
16 | order.
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17 | (e) (1) Each alternate payee is responsible for maintaining | ||||||
18 | a current
mailing address on file with the retirement system. | ||||||
19 | The retirement
system shall have no duty to attempt to locate | ||||||
20 | any alternate payee by any
means other than sending written | ||||||
21 | notice to the last known address of the
alternate payee on file | ||||||
22 | with the system.
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23 | (2) In the event that the system cannot locate an alternate | ||||||
24 | payee when a
benefit becomes payable, the system shall hold the | ||||||
25 | amount of the benefit
payable to the alternate payee and make | ||||||
26 | payment to the alternate payee
if he or she is located within |
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1 | the following 180 days. If the alternate
payee has not been | ||||||
2 | located within 180 days from the date the benefit
becomes | ||||||
3 | payable, the system shall pay the benefit and the amounts held
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4 | to the regular payee. If the alternate payee is subsequently
| ||||||
5 | located, the system shall thereupon implement the QILDRO, but | ||||||
6 | the interest
of the alternate payee in any amounts already paid | ||||||
7 | to the regular payee
shall be extinguished. Amounts held under | ||||||
8 | this subsection shall
not bear interest.
| ||||||
9 | (f) (1) If the amount of a benefit that is specified in a | ||||||
10 | QILDRO or QILDRO Calculation Court Order for
payment to an | ||||||
11 | alternate payee exceeds the actual amount of that benefit
| ||||||
12 | payable by the retirement system, the excess shall be | ||||||
13 | disregarded. The
retirement system shall have no liability to | ||||||
14 | any alternate payee or any
other person for the disregarded | ||||||
15 | amounts.
| ||||||
16 | (2) In the event of multiple QILDROs against a member, the | ||||||
17 | retirement
system shall honor all of the QILDROs to the extent | ||||||
18 | possible. However, if the
total amount of a benefit to be paid | ||||||
19 | to alternate payees under all
QILDROs in effect against the | ||||||
20 | member exceeds the actual amount of that
benefit payable by the | ||||||
21 | system, the QILDROs shall be satisfied in the order
of their | ||||||
22 | receipt by the system until the amount of the benefit is
| ||||||
23 | exhausted, and shall not be adjusted pro rata. Any amounts that | ||||||
24 | cannot be
paid due to exhaustion of the benefit shall remain | ||||||
25 | unpaid, and the
retirement system shall have no liability to | ||||||
26 | any alternate payee or any
other person for such amounts.
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1 | (3) A modification of a QILDRO shall be filed with the | ||||||
2 | retirement system in
the same manner as a new QILDRO. A | ||||||
3 | modification that does not increase the
amount of any benefit | ||||||
4 | payable to the alternate payee, as that amount was designated | ||||||
5 | in the QILDRO, and does not expand the
QILDRO to affect any | ||||||
6 | benefit not affected by the unmodified QILDRO, does not
affect | ||||||
7 | the priority of payment under subdivision (f)(2); the priority | ||||||
8 | of
payment of a QILDRO that has been modified to increase the | ||||||
9 | amount of any
benefit payable to the alternate payee, or to | ||||||
10 | expand the QILDRO to affect a
benefit not affected by the | ||||||
11 | unmodified QILDRO, shall be based on the date on
which the | ||||||
12 | system receives the modification of the QILDRO.
| ||||||
13 | (4) A modification of a QILDRO Calculation Court Order | ||||||
14 | shall be filed with the retirement system in the same manner as | ||||||
15 | a new QILDRO Calculation Court Order.
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16 | (g) (1) Upon the death of the alternate payee under a | ||||||
17 | QILDRO, the QILDRO
shall expire and cease to be effective, and | ||||||
18 | in the absence of another
QILDRO, the right to receive any | ||||||
19 | affected benefit shall revert to the
regular payee.
| ||||||
20 | (2) All QILDROs relating to a member's participation in a | ||||||
21 | particular
retirement system shall expire and cease to be | ||||||
22 | effective upon the issuance
of a member's refund that | ||||||
23 | terminates the member's participation in that
retirement | ||||||
24 | system, without regard to whether the refund was paid to the
| ||||||
25 | member or to an alternate payee under a QILDRO. An expired | ||||||
26 | QILDRO shall
not be automatically revived by any subsequent |
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| |||||||
1 | return by the member to service
under that retirement system.
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2 | (h) (1) Within 45 days after receiving a subpoena from any | ||||||
3 | party to a
proceeding for declaration of invalidity of | ||||||
4 | marriage, legal separation, or
dissolution of marriage in which | ||||||
5 | a QILDRO may be issued, or after receiving a
request from the | ||||||
6 | member, a retirement system shall provide in response a | ||||||
7 | statement
of a member's accumulated contributions, accrued | ||||||
8 | benefits, and other
interests in the plan administered by the | ||||||
9 | retirement system based on the data
on file with the system on | ||||||
10 | the date the subpoena is received. If so requested in the | ||||||
11 | subpoena, the retirement system shall also provide in response | ||||||
12 | general retirement plan information available to a member and
| ||||||
13 | any
relevant procedures, rules, or modifications to the model | ||||||
14 | QILDRO form
that have been adopted by the retirement system.
| ||||||
15 | (1.5) If a QILDRO provides for the alternate payee to | ||||||
16 | receive a percentage of a retirement benefit (as opposed to | ||||||
17 | providing for the alternate payee to receive specified dollar | ||||||
18 | amounts of a retirement benefit), then the retirement system | ||||||
19 | shall provide the applicable information to the member and to | ||||||
20 | the alternate payee, or to one designated representative of | ||||||
21 | each (e.g., the member's attorney and the alternate payee's | ||||||
22 | attorney) as indicated below: | ||||||
23 | (A) If the member is a participant in the self-managed | ||||||
24 | plan authorized under Article 15 of this Code and the | ||||||
25 | QILDRO provides that the only benefit the alternate payee | ||||||
26 | is to receive is a percentage of a lump sum benefit as of a |
| |||||||
| |||||||
1 | specific date that has already past, then, within 45 days | ||||||
2 | after the retirement system receives the QILDRO, the | ||||||
3 | retirement system shall provide the lump sum amount to | ||||||
4 | which the QILDRO percentage is to be applied. | ||||||
5 | (B) For all situations except that situation described | ||||||
6 | in item (A), if the retirement system receives the QILDRO | ||||||
7 | before the member's effective date of retirement, then, | ||||||
8 | within 45 days after the retirement system receives the | ||||||
9 | QILDRO, the retirement system shall provide all of the | ||||||
10 | following information: | ||||||
11 | (i) The date of the member's initial membership in | ||||||
12 | the retirement system, expressed as month, day, and | ||||||
13 | year, if available, or the most exact date that is | ||||||
14 | available to the retirement system. | ||||||
15 | (ii) The amount of permissive and regular service | ||||||
16 | the member accumulated in the retirement system from | ||||||
17 | the time of initial membership through the most recent | ||||||
18 | date available prior to the retirement system | ||||||
19 | receiving the QILDRO (the dates used by the retirement | ||||||
20 | system shall also be provided). Service amounts shall | ||||||
21 | be expressed using the most exact time increments | ||||||
22 | available to the retirement system (e.g., months or | ||||||
23 | fractions of years). | ||||||
24 | (iii) The gross amount of the member's non-reduced | ||||||
25 | monthly annuity benefit earned, calculated as of the | ||||||
26 | most recent date available prior to the retirement |
| |||||||
| |||||||
1 | system receiving the QILDRO, the date used by the | ||||||
2 | retirement system, and the earliest date the member may | ||||||
3 | be eligible to commence the benefit. This amount shall | ||||||
4 | include any permissive service and upgrades purchased | ||||||
5 | by the member, and those amounts shall be noted | ||||||
6 | separately. | ||||||
7 | (iv) The gross amount of the member's refund or | ||||||
8 | partial refund, including any interest payable on | ||||||
9 | those amounts, calculated as of the most recent date | ||||||
10 | available prior to the retirement system receiving the | ||||||
11 | QILDRO (the date used by the retirement system shall | ||||||
12 | also be provided). | ||||||
13 | (v) The gross amount of the death benefits that | ||||||
14 | would be payable to the member's death benefit | ||||||
15 | beneficiaries or estate, assuming the member died on | ||||||
16 | the date or a date as close as possible to the date the | ||||||
17 | QILDRO was received by the retirement system, | ||||||
18 | including any interest payable on the amounts, | ||||||
19 | calculated as of the most recent date available prior | ||||||
20 | to the retirement system receiving the QILDRO (the date | ||||||
21 | used by the retirement system shall also be provided). | ||||||
22 | (vi) Whether the member has notified the | ||||||
23 | retirement system of the date the member intends to | ||||||
24 | retire, and if so, that date.
| ||||||
25 | (vii) If the member has provided a date that he or | ||||||
26 | she intends to retire, the date, if available, that the |
| |||||||
| |||||||
1 | retirement system reasonably believes will be the | ||||||
2 | member's effective date of retirement.
| ||||||
3 | (C) For all situations except that situation described | ||||||
4 | in item (A), if the retirement system receives the QILDRO | ||||||
5 | after the effective date of retirement, then, within 45 | ||||||
6 | days after the retirement system receives the QILDRO, or, | ||||||
7 | if the retirement system receives the QILDRO before the | ||||||
8 | member's effective date of retirement, then as soon as | ||||||
9 | administratively possible before or after the member's | ||||||
10 | effective date of retirement (but not later than 45 days | ||||||
11 | after the member's effective date of retirement), the | ||||||
12 | retirement system shall provide all of the following | ||||||
13 | information: | ||||||
14 | (i) The member's effective date of retirement.
| ||||||
15 | (ii) The date the member commenced benefits or, if | ||||||
16 | not yet commenced, the date the retirement system has | ||||||
17 | scheduled the member's benefits to commence. | ||||||
18 | (iii) The amount of permissive and regular service | ||||||
19 | the member accumulated in the retirement system from | ||||||
20 | the time of initial membership through the member's | ||||||
21 | effective date of retirement. Service amounts shall be | ||||||
22 | expressed using the most exact time increments | ||||||
23 | available to the retirement system (e.g., months or | ||||||
24 | fractions of years). | ||||||
25 | (iv) The gross amount of the member's monthly | ||||||
26 | retirement benefit, calculated as of the member's |
| |||||||
| |||||||
1 | effective date of retirement. This amount shall | ||||||
2 | include any permissive service and upgrades purchased | ||||||
3 | by the member, and those amounts shall be noted | ||||||
4 | separately. | ||||||
5 | (v) The gross amount of the member's refund or | ||||||
6 | partial refund, including any interest payable on | ||||||
7 | those amounts, calculated as of the member's effective | ||||||
8 | date of retirement. | ||||||
9 | (vi) The gross amount of death benefits that would | ||||||
10 | be payable to the member's death benefit beneficiaries | ||||||
11 | or estate, assuming the member died on the member's | ||||||
12 | effective date of retirement, including any interest | ||||||
13 | payable on those amounts. | ||||||
14 | (D) If, and only if, the alternate payee is entitled to | ||||||
15 | benefits under Section VII of the QILDRO, then, within 45 | ||||||
16 | days after the retirement system receives notice of the | ||||||
17 | member's death, the retirement system shall provide the | ||||||
18 | gross amount of death benefits payable, including any | ||||||
19 | interest payable on those amounts, calculated as of the | ||||||
20 | member's date of death.
| ||||||
21 | (2) In no event shall the retirement system be required to | ||||||
22 | furnish to any
person an actuarial opinion as to the present | ||||||
23 | value of the member's benefits or
other interests.
| ||||||
24 | (3) The papers, entries, and records, or parts thereof, of | ||||||
25 | any retirement
system may be proved by a copy thereof, | ||||||
26 | certified under the signature of the
secretary of the system or |
| |||||||
| |||||||
1 | other duly appointed keeper of the records of the
system and | ||||||
2 | the corporate seal, if any.
| ||||||
3 | (i) In a retirement system in which a member or beneficiary | ||||||
4 | is
required to apply to the system for payment of a benefit, | ||||||
5 | the required
application may be made by an alternate payee who | ||||||
6 | is entitled to all
of a termination refund or retirement | ||||||
7 | benefit or part of a death benefit that is payable
under a | ||||||
8 | QILDRO, provided that all other
qualifications and | ||||||
9 | requirements have been met. However, the alternate payee
may | ||||||
10 | not make the required application for death benefits while the | ||||||
11 | member is alive or for a member's refund or a retirement
| ||||||
12 | benefit if the member is in active service or below the minimum | ||||||
13 | age for
receiving an undiscounted retirement annuity in the | ||||||
14 | retirement system that has
received the QILDRO or in any other | ||||||
15 | retirement system in which the member has
regular or permissive | ||||||
16 | service and in which the member's rights under the Retirement
| ||||||
17 | Systems Reciprocal Act would be affected as a result of the | ||||||
18 | alternate payee's
application for a member's refund or | ||||||
19 | retirement benefit.
| ||||||
20 | (j) (1) So long as there is in effect a QILDRO relating to | ||||||
21 | a member's
retirement benefit, the affected member may not | ||||||
22 | elect a form of payment that
has the effect of diminishing the | ||||||
23 | amount of the payment to which any alternate
payee is entitled, | ||||||
24 | unless the alternate payee has consented to the election in
a
| ||||||
25 | writing that includes the alternate payee's notarized | ||||||
26 | signature, and this written and notarized consent has been |
| |||||||
| |||||||
1 | filed with the retirement system.
| ||||||
2 | (2) If a member attempts to make an election prohibited | ||||||
3 | under subdivision
(j)(1), the retirement system shall reject | ||||||
4 | the election and advise the member
of the need to obtain the | ||||||
5 | alternate payee's consent.
| ||||||
6 | (3) If a retirement system discovers that it has mistakenly | ||||||
7 | allowed an
election prohibited under subdivision (j)(1), it | ||||||
8 | shall thereupon disallow that
election and recalculate any | ||||||
9 | benefits affected thereby. If the system
determines that an | ||||||
10 | amount paid to a regular payee should have been paid to an
| ||||||
11 | alternate payee, the system shall, if possible, recoup the | ||||||
12 | amounts as provided
in subsection (k) of this Section.
| ||||||
13 | (k) In the event that a regular payee or an alternate payee | ||||||
14 | is overpaid, the
retirement system shall have the authority to | ||||||
15 | and shall recoup the amounts by deducting the overpayment from
| ||||||
16 | future payments and making payment to the other payee. The | ||||||
17 | system may make
deductions for recoupment over a period of time | ||||||
18 | in the same manner as is
provided by law or rule for the | ||||||
19 | recoupment of other amounts incorrectly
disbursed by the system | ||||||
20 | in instances not involving a QILDRO. The retirement
system | ||||||
21 | shall incur no liability to either the alternate payee or the | ||||||
22 | regular
payee as a result of any payment made in good faith, | ||||||
23 | regardless of whether the
system is able to accomplish | ||||||
24 | recoupment.
| ||||||
25 | (l) (1) A retirement system that has, before the effective | ||||||
26 | date of this
Section, received and implemented a domestic |
| |||||||
| |||||||
1 | relations order that directs
payment of a benefit to a person | ||||||
2 | other than the regular payee may continue
to implement that | ||||||
3 | order, and shall not be liable to the regular payee for
any | ||||||
4 | amounts paid in good faith to that other person in accordance | ||||||
5 | with
the order.
| ||||||
6 | (2) A domestic relations order directing payment of a | ||||||
7 | benefit to a
person other than the regular payee that was | ||||||
8 | issued by a court but not
implemented by a retirement system | ||||||
9 | prior to the effective date of this
Section shall be void. | ||||||
10 | However, a person who is the beneficiary or alternate
payee of | ||||||
11 | a domestic relations order that is rendered void under this | ||||||
12 | subsection
may petition the court that issued the order for an | ||||||
13 | amended order that complies
with this Section.
| ||||||
14 | (3) A retirement system that received a valid QILDRO before | ||||||
15 | the effective date of this amendatory Act of the 94th General | ||||||
16 | Assembly shall continue to implement the QILDRO and shall not | ||||||
17 | be liable to any party for amounts paid in good faith pursuant | ||||||
18 | to the QILDRO.
| ||||||
19 | (m) (1) In accordance with Article XIII, Section 5 of the | ||||||
20 | Illinois
Constitution, which prohibits the impairment or | ||||||
21 | diminishment of benefits
granted under this Code, a QILDRO | ||||||
22 | issued against a member of a retirement
system established | ||||||
23 | under an Article of this Code that exempts the payment of
| ||||||
24 | benefits or refunds from attachment, garnishment, judgment or | ||||||
25 | other legal
process shall not be effective without the written | ||||||
26 | consent of the member if the
member began participating in the |
| |||||||
| |||||||
1 | retirement system on or before the effective
date of this | ||||||
2 | Section. That consent must specify the retirement system, the
| ||||||
3 | court case number, and the names and social security numbers of | ||||||
4 | the member and
the alternate payee. The consent must accompany | ||||||
5 | the QILDRO when it is filed
with the retirement system, and | ||||||
6 | must be in substantially the following form:
| ||||||
7 | CONSENT TO ISSUANCE OF QILDRO
| ||||||
8 | Case Caption: ...................................
| ||||||
9 | Court Case Number: ....................
| ||||||
10 | Member's Name: ..................................
| ||||||
11 | Member's Social Security Number: ........................
| ||||||
12 | Alternate payee's Name: .........................
| ||||||
13 | Alternate payee's Social Security Number: ...............
| ||||||
14 | I, (name), a member of the (retirement system), hereby | ||||||
15 | irrevocably consent to the
issuance of a Qualified Illinois | ||||||
16 | Domestic Relations Order. I understand
that under the Order, | ||||||
17 | certain benefits that would otherwise be payable to me,
or to | ||||||
18 | my death benefit beneficiaries
or estate, will instead be | ||||||
19 | payable to (name of
alternate payee). I also understand that my | ||||||
20 | right to elect certain forms of
payment of my retirement | ||||||
21 | benefit or member's refund may be limited as a result
of the | ||||||
22 | Order.
| ||||||
23 | DATED:.......................
| ||||||
24 | SIGNED:......................
|
| |||||||
| |||||||
1 | (2) A member's consent to the issuance of a QILDRO shall be | ||||||
2 | irrevocable,
and shall apply to any QILDRO that pertains to the | ||||||
3 | alternate payee and
retirement system named in the consent.
| ||||||
4 | (n) A QILDRO
issued under this Section shall be in | ||||||
5 | substantially the
following form (omitting any provisions that | ||||||
6 | are not applicable to benefits that are or may be ultimately | ||||||
7 | payable to the member):
| ||||||
8 | QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDER
| ||||||
9 | ...................................
| ||||||
10 | (Enter Case Caption Here)
| ||||||
11 | ................................... | ||||||
12 | (Enter Retirement System Name Here) | ||||||
13 | THIS CAUSE coming before the Court for the purpose of the | ||||||
14 | entry of a Qualified Illinois Domestic Relations Order under | ||||||
15 | the provisions of Section 1-119 of the Illinois Pension Code | ||||||
16 | (40 ILCS 5/1-119), the Court having jurisdiction over the | ||||||
17 | parties and the subject matter hereof; the Court finding that | ||||||
18 | one of the parties to this proceeding is a member of a | ||||||
19 | retirement system subject to Section 1-119 of the Illinois | ||||||
20 | Pension Code (40 ILCS 5/1-119), this Order is entered to | ||||||
21 | implement a division of that party's interest in the retirement | ||||||
22 | system; and the Court being fully advised;
|
| |||||||
| |||||||
1 | IT IS HEREBY ORDERED AS FOLLOWS: | ||||||
2 | I. The definitions and other provisions of Section 1-119 of | ||||||
3 | the Illinois Pension Code (40 ILCS 5/1-119) are adopted by | ||||||
4 | reference and made a part of this Order. | ||||||
5 | II. Identification of Retirement System and parties:
| ||||||
6 | Retirement System: ............................
| ||||||
7 | (Name)
| ||||||
8 | |||||||
9 | ............................ | ||||||
10 | (Address)
| ||||||
11 | Member:
............................
| ||||||
12 | (Name)
| ||||||
13 | |||||||
14 | ............................ | ||||||
15 | (Mailing Address)
| ||||||
16 | |||||||
17 | ............................ | ||||||
18 | (Social Security Number)
| ||||||
19 | Alternate payee: ............................
| ||||||
20 | (Name)
|
| |||||||
| |||||||
1 | |||||||
2 | ............................ | ||||||
3 | (Mailing Address)
| ||||||
4 | |||||||
5 | ............................ | ||||||
6 | (Social Security Number)
| ||||||
7 | The alternate payee is the member's .... current or former | ||||||
8 | spouse/ .... child or other dependent [check one].
| ||||||
9 | III. The Retirement System shall pay the indicated amounts | ||||||
10 | of the member's retirement benefits to the alternate payee | ||||||
11 | under the following terms and conditions: | ||||||
12 | (A) The Retirement System shall pay the alternate payee | ||||||
13 | pursuant to one of the following methods [complete the ONE | ||||||
14 | option that applies]: | ||||||
15 | (1) $...... per month [enter amount]; or | ||||||
16 | (2) .......% [enter percentage] per month of the | ||||||
17 | marital portion of said benefit with the marital | ||||||
18 | portion defined using the formula in Section IX; or | ||||||
19 | (3) ........% [enter percentage] per month of the | ||||||
20 | gross amount of said benefit calculated as of the date | ||||||
21 | the .... member's/ .... alternate payee's [check one] | ||||||
22 | benefit commences [check alternate payee only if the | ||||||
23 | alternate payee will commence benefits after the |
| |||||||
| |||||||
1 | member commences benefits, e.g. if the member is | ||||||
2 | receiving retirement benefits at the time this Order is | ||||||
3 | entered]. | ||||||
4 | (B) If the member's retirement benefit has already | ||||||
5 | commenced, payments to the alternate payee shall commence | ||||||
6 | either [check/complete the ONE option that applies]: | ||||||
7 | (1) .... as soon as administratively possible upon | ||||||
8 | this order being received and accepted by the | ||||||
9 | Retirement System; or | ||||||
10 | (2) .... on the date of ........ [enter any benefit | ||||||
11 | payment date that will occur at least 30 days after the | ||||||
12 | date the retirement system receives a valid QILDRO, but | ||||||
13 | ONLY if payment to the alternate payee is to be delayed | ||||||
14 | to some future date; otherwise, check item (1) above]. | ||||||
15 | (C) If the member's retirement benefit has not yet | ||||||
16 | commenced, payments to the alternate payee shall commence | ||||||
17 | as of the date the member's retirement benefit commences. | ||||||
18 | (D) Payments to the alternate payee under this Section | ||||||
19 | III shall terminate [check/complete the ONE option that | ||||||
20 | applies]: | ||||||
21 | (1) .... upon the death of the member or the death | ||||||
22 | of the alternate payee, whichever is the first to | ||||||
23 | occur; or | ||||||
24 | (2) .... after ........ payments are made to the | ||||||
25 | alternate payee [enter any set number] or upon the | ||||||
26 | death of the member or the death of the alternate |
| |||||||
| |||||||
1 | payee, whichever is the first to occur. | ||||||
2 | IV. If the member's retirement benefits are subject to | ||||||
3 | annual post-retirement increases, the alternate payee's share | ||||||
4 | of said benefits .... shall/ .... shall not [check one] be | ||||||
5 | recalculated or increased annually to include a proportionate | ||||||
6 | share of the applicable annual increases. | ||||||
7 | V. The Retirement System shall pay to the alternate payee | ||||||
8 | the indicated amounts of any refund upon termination or any | ||||||
9 | lump sum retirement benefit that becomes payable to the member, | ||||||
10 | under the following terms and conditions: | ||||||
11 | (A) The Retirement System shall pay the alternate payee | ||||||
12 | pursuant to one of the following methods [complete the ONE | ||||||
13 | option that applies]: | ||||||
14 | (1) $..... [enter amount]; or | ||||||
15 | (2) .....% [enter percentage] of the marital | ||||||
16 | portion of the refund or lump sum retirement benefit, | ||||||
17 | with the marital portion defined using the formula in | ||||||
18 | Section IX; or | ||||||
19 | (3) ......% [enter percentage] of the gross amount | ||||||
20 | of the refund or lump sum retirement benefit, | ||||||
21 | calculated when the member's refund or lump sum | ||||||
22 | retirement benefit is paid. | ||||||
23 | (B) The amount payable to an alternate payee under | ||||||
24 | Section V(A)(2) or V(A)(3) shall include any applicable | ||||||
25 | interest that would otherwise be payable to the member | ||||||
26 | under the rules of the Retirement System. |
| |||||||
| |||||||
1 | (C) The alternate payee's share of the refund or lump | ||||||
2 | sum retirement benefit under this Section V shall be paid | ||||||
3 | when the member's refund or lump sum retirement benefit is | ||||||
4 | paid. | ||||||
5 | VI. The Retirement System shall pay to the alternate payee | ||||||
6 | the indicated amounts of any partial refund that becomes | ||||||
7 | payable to the member under the following terms and conditions: | ||||||
8 | (A) The Retirement System shall pay the alternate payee | ||||||
9 | pursuant to one of the following methods [complete the ONE | ||||||
10 | option that applies]: | ||||||
11 | (1) $...... [enter amount]; or | ||||||
12 | (2) ......% [enter percentage] of the marital | ||||||
13 | portion of said benefit, with the marital portion | ||||||
14 | defined using the formula in Section IX; or | ||||||
15 | (3) ......% [enter percentage] of the gross amount | ||||||
16 | of the benefit calculated when the member's refund is | ||||||
17 | paid. | ||||||
18 | (B) The amount payable to an alternate payee under | ||||||
19 | Section VI(A)(2) or VI(A)(3) shall include any applicable | ||||||
20 | interest that would otherwise be payable to the member | ||||||
21 | under the rules of the Retirement System. | ||||||
22 | (C) The alternate payee's share of the refund under | ||||||
23 | this Section VI shall be paid when the member's refund is | ||||||
24 | paid. | ||||||
25 | VII. The Retirement System shall pay to the alternate payee | ||||||
26 | the indicated amounts of any death benefits that become payable |
| |||||||
| |||||||
1 | to the member's death benefit beneficiaries or estate under the | ||||||
2 | following terms and conditions: | ||||||
3 | (A) To the extent and only to the extent required to | ||||||
4 | effectuate this Section VII, the alternate payee shall be | ||||||
5 | designated as and considered to be a beneficiary of the | ||||||
6 | member at the time of the member's death and shall receive | ||||||
7 | [complete ONE of the following options]: | ||||||
8 | (1) $...... [enter amount]; or | ||||||
9 | (2) ......% [enter percentage] of the marital | ||||||
10 | portion of death benefits, with the marital portion | ||||||
11 | defined using the formula in Section IX; or | ||||||
12 | (3) ......% [enter percentage] of the gross amount | ||||||
13 | of death benefits calculated when said benefits become | ||||||
14 | payable. | ||||||
15 | (B) The amount payable to an alternate payee under | ||||||
16 | Section VII(A)(2) or VII(A)(3) shall include any | ||||||
17 | applicable interest payable to the death benefit | ||||||
18 | beneficiaries under the rules of the Retirement System. | ||||||
19 | (C) The alternate payee's share of death benefits under | ||||||
20 | this Section VII shall be paid as soon as administratively | ||||||
21 | possible after the member's death. | ||||||
22 | VIII. If this Order indicates that the alternate payee is | ||||||
23 | to receive a percentage of any retirement benefit or refund, | ||||||
24 | upon receipt of the information required to be provided by the | ||||||
25 | Retirement System under Section 1-119 of the Illinois Pension | ||||||
26 | Code (40 ILCS 5/1-119), the calculations required shall be |
| |||||||
| |||||||
1 | performed by the member, by the alternate payee, or by their | ||||||
2 | designated representatives or designated experts. The results | ||||||
3 | of the calculations shall be provided to the Retirement System | ||||||
4 | via a QILDRO Calculation Court Order in accordance with Section | ||||||
5 | 1-119 of the Illinois Pension Code. | ||||||
6 | IX. Marital Portion Benefit Calculation Formula (Option to | ||||||
7 | calculate benefit in items III(A)(2), V(A)(2), VI(A)(2), and | ||||||
8 | VII(A)(2) above). If in this Section "other" is circled in the | ||||||
9 | definition of A, B, or C, then a supplemental order must be | ||||||
10 | entered simultaneously with this QILDRO clarifying the intent | ||||||
11 | of the parties or the Court as to that item. The supplemental | ||||||
12 | order cannot require the Retirement System to take any action | ||||||
13 | not permitted under Illinois law or the Retirement System's | ||||||
14 | administrative rules. To the extent that the supplemental order | ||||||
15 | does not conform to Illinois law or administrative rule, it | ||||||
16 | shall not be binding upon the Retirement System. | ||||||
17 | (1) The amount of the alternate payee's benefit shall | ||||||
18 | be the result of (A/B) x C x D where: | ||||||
19 | "A" equals the number of months of .... regular/ | ||||||
20 | .... regular plus permissive/ .... other [check only | ||||||
21 | one] service that the member accumulated in the | ||||||
22 | Retirement System from the date of marriage | ||||||
23 | ....................... [enter date MM/DD/YYYY] to the | ||||||
24 | date of divorce .................... [enter date | ||||||
25 | MM/DD/YYYY]. This number of months of service shall be | ||||||
26 | calculated as whole months after receipt of |
| |||||||
| |||||||
1 | information required from the Retirement System | ||||||
2 | pursuant to Section 1-119 of the Illinois Pension Code | ||||||
3 | (40 ILCS 5/1-119). | ||||||
4 | "B" equals the number of months of .... regular/ | ||||||
5 | .... regular plus permissive/ .... other [check only | ||||||
6 | one] service that the member accumulated in the | ||||||
7 | Retirement System from the time of initial membership | ||||||
8 | in the Retirement System through the member's | ||||||
9 | effective date of retirement. The number of months of | ||||||
10 | service shall be calculated as whole months after | ||||||
11 | receipt of information required from the Retirement | ||||||
12 | System pursuant to Section 1-119 of the Illinois | ||||||
13 | Pension Code (40 ILCS 5/1-119). | ||||||
14 | "C" equals the gross amount of: | ||||||
15 | (i) the member's monthly retirement benefit | ||||||
16 | (Section III(A)) calculated as of the member's | ||||||
17 | effective date of retirement, .... including/ .... | ||||||
18 | not including/ .... other [check only one] | ||||||
19 | permissive service, upgrades purchased, and other | ||||||
20 | benefit formula enhancements; | ||||||
21 | (ii) the member's refund payable upon | ||||||
22 | termination or lump sum retirement benefit that | ||||||
23 | becomes payable, including any payable interest | ||||||
24 | (Section V(A)) calculated as of the time said | ||||||
25 | refund becomes payable to the member; | ||||||
26 | (iii)
the member's partial refund, including |
| |||||||
| |||||||
1 | any payable interest (Section VI(A)) calculated as | ||||||
2 | of the time said partial refund becomes payable to | ||||||
3 | the member; or | ||||||
4 | (iv) the death benefit payable to the member's | ||||||
5 | death benefit beneficiaries or estate, including | ||||||
6 | any payable interest (Section VII(A)) calculated | ||||||
7 | as of the time said benefit becomes payable to the | ||||||
8 | member's beneficiary; | ||||||
9 | whichever are applicable pursuant to Section III, V, | ||||||
10 | VI, or VII of this Order. These gross amounts shall be | ||||||
11 | provided by the Retirement System pursuant to Section | ||||||
12 | 1-119 of the Illinois Pension Code (40 ILCS 5/1-119). | ||||||
13 | "D" equals the percentage noted in Section | ||||||
14 | III(A)(2), V(A)(2), VI(A)(2), or VII(A)(2), whichever | ||||||
15 | are applicable. | ||||||
16 | (2) The alternate payee's benefit under this Section IX | ||||||
17 | shall be paid in accordance with all Sections of this Order | ||||||
18 | that apply. | ||||||
19 | X. In accordance with subsection (j) of Section 1-119 of | ||||||
20 | the Illinois Pension Code (40 ILCS 5/1-119), so long as this | ||||||
21 | QILDRO is in effect, the member may not elect a form of payment | ||||||
22 | of the retirement benefit that has the effect of diminishing | ||||||
23 | the amount of the payment to which the alternate payee is | ||||||
24 | entitled, unless the alternate payee has consented to the | ||||||
25 | election in writing, the consent has been notarized, and the | ||||||
26 | consent has been filed with the Retirement System. |
| |||||||
| |||||||
1 | XI. If the member began participating in the Retirement | ||||||
2 | System before July 1, 1999, this Order shall not take effect | ||||||
3 | unless accompanied by the written consent of the member as | ||||||
4 | required under subsection (m) of Section 1-119 of the Illinois | ||||||
5 | Pension Code (40 ILCS 5/1-119). | ||||||
6 | XII. The Court retains jurisdiction over this matter for | ||||||
7 | all of the following purposes: | ||||||
8 | (1) To establish or maintain this Order as a Qualified | ||||||
9 | Illinois Domestic Relations Order. | ||||||
10 | (2) To enter amended QILDROs and QILDRO Calculation | ||||||
11 | Court Orders to conform to the parties' Marital Settlement | ||||||
12 | Agreement or Agreement for Legal Separation ("Agreement"), | ||||||
13 | to the parties' Judgment for Dissolution of Marriage or | ||||||
14 | Judgment for Legal Separation ("Judgment"), to any | ||||||
15 | modifications of the parties' Agreement or Judgment, or to | ||||||
16 | any supplemental orders entered to clarify the parties' | ||||||
17 | Agreement or Judgment. | ||||||
18 | (3) To enter supplemental orders to clarify the intent | ||||||
19 | of the parties or the Court regarding the benefits | ||||||
20 | allocated herein in accordance with the parties' Agreement | ||||||
21 | or Judgment, with any modifications of the parties' | ||||||
22 | Agreement or Judgment, or with any supplemental orders | ||||||
23 | entered to clarify the parties' Agreement or Judgment. A | ||||||
24 | supplemental order may not require the Retirement System to | ||||||
25 | take any action not permitted under Illinois law or the | ||||||
26 | Retirement System's administrative rules. To the extent |
| |||||||
| |||||||
1 | that the supplemental order does not conform to Illinois | ||||||
2 | law or administrative rule, it shall not be binding upon | ||||||
3 | the Retirement System. | ||||||
4 | DATED: ...................... | ||||||
5 | SIGNED: ..................... | ||||||
6 | [Judge's Signature]
| ||||||
7 | (n-5) A QILDRO Calculation Court Order issued under this | ||||||
8 | Section shall be in substantially the following form:
| ||||||
9 | QILDRO Calculation Court Order | ||||||
10 | ...................................
| ||||||
11 | [Enter case caption here]
| ||||||
12 | ................................... | ||||||
13 | [Enter Retirement System name here] | ||||||
14 | THIS CAUSE coming before the Court for the purpose of the | ||||||
15 | entry of a QILDRO Calculation Court Order under the provisions | ||||||
16 | of Section 1-119 of the Illinois Pension Code (40 ILCS | ||||||
17 | 5/1-119), the Court having jurisdiction over the parties and | ||||||
18 | the subject matter hereof; the Court finding that a QILDRO has | ||||||
19 | previously been entered in this matter, that the QILDRO has | ||||||
20 | been received and accepted by the Retirement System, and that |
| |||||||
| |||||||
1 | the QILDRO requires percentage calculations to allocate the | ||||||
2 | alternate payee's share of the member's benefit or refund, the | ||||||
3 | Court not having found that the QILDRO has become void or | ||||||
4 | invalid, and the Court being fully advised; | ||||||
5 | IT IS HEREBY ORDERED AS FOLLOWS: | ||||||
6 | (1) The definitions and other provisions of Section 1-119 | ||||||
7 | of the Illinois Pension Code [40 ILCS 5/1-119] are adopted by | ||||||
8 | reference and made a part of this Order. | ||||||
9 | (2) Identification of Retirement System and parties:
| ||||||
10 | Retirement System: ............................
| ||||||
11 | (Name)
| ||||||
12 | |||||||
13 | ............................ | ||||||
14 | (Address)
| ||||||
15 | Member:
............................
| ||||||
16 | (Name)
| ||||||
17 | |||||||
18 | ............................ | ||||||
19 | (Mailing Address)
| ||||||
20 | |||||||
21 | ............................ | ||||||
22 | (Social Security Number)
|
| |||||||
| |||||||
1 | Alternate payee: ............................
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2 | (Name)
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3 | |||||||
4 | ............................ | ||||||
5 | (Mailing Address)
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6 | |||||||
7 | ............................ | ||||||
8 | (Social Security Number)
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9 | The Alternate payee is the member's .... current or former | ||||||
10 | spouse/ .... child or other dependent [check one].
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11 | (3) The following shall apply if and only if the QILDRO | ||||||
12 | allocated benefits to the alternate payee in the specific | ||||||
13 | Section noted. The Retirement System shall pay the amounts as | ||||||
14 | directed below, but only if and when the benefits are payable | ||||||
15 | pursuant to the QILDRO and Section 1-119 of the Illinois | ||||||
16 | Pension Code (40 ILCS 5/1-119). Parties shall see QILDRO | ||||||
17 | Section IX for the definitions of A, B, C and D as used below. | ||||||
18 | (a) The alternate payee's benefit pursuant to QILDRO | ||||||
19 | Section III(A)(2) shall be calculated pursuant to Section | ||||||
20 | IX of the QILDRO and paid as follows: | ||||||
21 | (......./.......) X ....... X .............. = ............ |
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1 | [Enter A] [Enter B] [Enter C] [Enter D] [Monthly Amount] | ||||||
2 | (b) The alternate payee's benefit pursuant to QILDRO | ||||||
3 | Section V(A)(2) shall be calculated pursuant to Section IX | ||||||
4 | of the QILDRO and paid as follows: | ||||||
5 | (......./.......) X ....... X .............. = ............ | ||||||
6 | [Enter A] [Enter B] [Enter C] [Enter D] [Amount] | ||||||
7 | (c) The alternate payee's benefit pursuant to QILDRO | ||||||
8 | Section VI(A)(2) shall be calculated pursuant to Section IX | ||||||
9 | of the QILDRO and paid as follows: | ||||||
10 | (......./.......) X ....... X ............. = ............ | ||||||
11 | [Enter A] [Enter B] [Enter C] [Enter D] [Amount] | ||||||
12 | (d) The alternate payee's benefit pursuant to QILDRO | ||||||
13 | Section VII(A)(2) shall be calculated pursuant to Section | ||||||
14 | IX of the QILDRO and paid as follows: | ||||||
15 | (......./.......) X ....... X .............. = ............ | ||||||
16 | [Enter A] [Enter B] [Enter C] [Enter D] [Amount] | ||||||
17 | The Retirement System's sole obligation with respect to the | ||||||
18 | equations in this paragraph (3) is to pay the amounts indicated | ||||||
19 | as the result of the equations. The Retirement System shall |
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1 | have no obligation to review or verify the equations or to | ||||||
2 | assist in the calculations used to determine such amounts.
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3 | (4) The following shall apply only if the QILDRO allocated | ||||||
4 | benefits to the alternate payee in the specific Section noted. | ||||||
5 | The Retirement System shall pay the amounts as directed below, | ||||||
6 | but only if and when the benefits are payable pursuant to the | ||||||
7 | QILDRO and Section 1-119 of the Illinois Pension Code (40 ILCS | ||||||
8 | 5/1-119). | ||||||
9 | (A) The alternate payee's benefit pursuant to QILDRO | ||||||
10 | Section III(A)(3) shall be calculated and paid as follows: | ||||||
11 | .................... X ............... = ................. | ||||||
12 | [Gross benefit amount] [Percentage] [Monthly Amount] | ||||||
13 | (B) The alternate payee's benefit pursuant to QILDRO | ||||||
14 | Section V(A)(3) shall be calculated and paid as follows: | ||||||
15 | ..................... X ............... = ................. | ||||||
16 | [Gross benefit amount] [Percentage] [Amount] | ||||||
17 | (C) The alternate payee's benefit pursuant to QILDRO | ||||||
18 | Section VI(A)(3) shall be calculated and paid as follows: | ||||||
19 | ..................... X ............... = ................. | ||||||
20 | [Gross benefit amount] [Percentage] [Amount] |
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1 | (D) The alternate payee's benefit pursuant to QILDRO | ||||||
2 | Section VII(A)(3) shall be calculated and paid as follows: | ||||||
3 | ..................... X ............... = ................. | ||||||
4 | [Gross benefit amount] [Percentage] [Amount] | ||||||
5 | The Retirement System's sole obligation with respect to the | ||||||
6 | equations in this paragraph (4) is to pay the amounts indicated | ||||||
7 | as the result of the equations. The Retirement System shall | ||||||
8 | have no obligation to review or verify the equations or to | ||||||
9 | assist in the calculations used to determine such amounts.
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10 | (5) The Court retains jurisdiction over this matter for the | ||||||
11 | following purposes: | ||||||
12 | (A) to establish or maintain this Order as a QILDRO | ||||||
13 | Calculation Court Order; | ||||||
14 | (B) to enter amended QILDROs and QILDRO Calculation | ||||||
15 | Court Orders to conform to the parties' QILDRO, Marital | ||||||
16 | Settlement Agreement or Agreement for Legal Separation | ||||||
17 | ("Agreement"), to the parties' Judgment for Dissolution of | ||||||
18 | Marriage or Judgment for Legal Separation ("Judgment"), to | ||||||
19 | any modifications of the parties' QILDRO, Agreement, or | ||||||
20 | Judgment, or to any supplemental orders entered to clarify | ||||||
21 | the parties' QILDRO, Agreement, or Judgment; and | ||||||
22 | (C) To enter supplemental orders to clarify the intent |
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1 | of the parties or the Court regarding the benefits | ||||||
2 | allocated herein in accordance with the parties' Agreement | ||||||
3 | or Judgment, with any modifications of the parties' | ||||||
4 | Agreement or Judgment, or with any supplemental orders | ||||||
5 | entered to clarify the parties' Agreement or Judgment. A | ||||||
6 | supplemental order may not require the Retirement System to | ||||||
7 | take any action not permitted under Illinois law or the | ||||||
8 | Retirement System's administrative rules. To the extent | ||||||
9 | the supplemental order does not conform to Illinois law or | ||||||
10 | administrative rule, it shall not be binding upon the | ||||||
11 | Retirement System.
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12 | DATED: ...................... | ||||||
13 | SIGNED: ..................... | ||||||
14 | [Judge's Signature]
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15 | (o) (1) A court in Illinois that has issued a QILDRO shall | ||||||
16 | retain
jurisdiction of all issues relating to the modification | ||||||
17 | of the QILDRO as indicated in Section XII of the QILDRO and in | ||||||
18 | accordance with Illinois law. A court in Illinois that has | ||||||
19 | issued a QILDRO Calculation Court Order shall retain |
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1 | jurisdiction of all issues relating to the modification of the | ||||||
2 | QILDRO Calculation Court Order as indicated in Section 5 of the | ||||||
3 | QILDRO Calculation Court Order and in accordance with Illinois | ||||||
4 | law. | ||||||
5 | (2) The
Administrative Review Law and the rules adopted | ||||||
6 | pursuant thereto shall govern
and apply to all proceedings for | ||||||
7 | judicial review of final administrative
decisions of the board | ||||||
8 | of trustees of the retirement system arising under this
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9 | Section.
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10 | The term "administrative decision" is defined as in | ||||||
11 | Section 3-101
of the Code of Civil Procedure. The venue for | ||||||
12 | review under the Administrative
Review Law shall be the same as | ||||||
13 | is provided by law for judicial review of other
administrative | ||||||
14 | decisions of the retirement system.
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15 | (p) (1) Each retirement system may adopt any procedures or | ||||||
16 | rules that it
deems necessary or useful for the implementation | ||||||
17 | of this Section.
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18 | (2) Each retirement system may by rule modify the model | ||||||
19 | QILDRO form provided
in subsection (n), except that no | ||||||
20 | retirement system may change that form in a way that limits the | ||||||
21 | choices provided to the alternate payee in subsections (n) or | ||||||
22 | (n-5). Each retirement system may by rule
require that | ||||||
23 | additional information be included in
QILDROs presented to the | ||||||
24 | system, as may be necessary to meet the needs of
the retirement | ||||||
25 | system.
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26 | (3) Each retirement system shall define its blank model |
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1 | QILDRO form and blank model QILDRO Calculation Court Order form | ||||||
2 | as an original of the forms or a paper copy of the forms. Each | ||||||
3 | retirement system shall, whenever possible, make the forms | ||||||
4 | available on the internet in non-modifiable computer format | ||||||
5 | (for example, Adobe Portable Document Format files) for | ||||||
6 | printing purposes. | ||||||
7 | (4) If a retirement system in good faith implements an | ||||||
8 | order under this Section that follows substantially the same | ||||||
9 | form as the model order and the retirement system later | ||||||
10 | discovers that the implemented order was not absolutely | ||||||
11 | identical to the retirement system's model order, the | ||||||
12 | retirement system's implementation shall not be a violation of | ||||||
13 | this Section and the retirement system shall have no | ||||||
14 | responsibility to compensate the member or the alternate payee | ||||||
15 | for moneys that would have been paid or not paid had the order | ||||||
16 | been identical to the model order.
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17 | (p) This Section is repealed 2 years after the effective | ||||||
18 | date of this amendatory Act of the 95th General Assembly.
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19 | (Source: P.A. 93-347, eff. 7-24-03; 94-657, eff. 7-1-06 .)
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20 | (40 ILCS 5/1-119.1 new) | ||||||
21 | Sec. 1-119.1. Qualified Illinois Domestic Relations Orders | ||||||
22 | Task Force.
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23 | (a) There is created the Qualified Illinois Domestic | ||||||
24 | Relations Orders Task Force consisting of the following | ||||||
25 | members: one member appointed by the Speaker of the House, one |
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1 | member appointed by the House Minority Leader, one member | ||||||
2 | appointed by the President of the Senate, one member appointed | ||||||
3 | by the Senate Minority Leader, and the executive directors of | ||||||
4 | the State Employees Retirement System, the State Universities | ||||||
5 | Retirement System, and the Teachers Retirement System. | ||||||
6 | (b) The Task Force shall study and make recommendations on | ||||||
7 | proposed changes to the QILDRO system contained in Section | ||||||
8 | 1-119 of this Code to increase the equitable treatment of all | ||||||
9 | persons affected by the system. These recommendations must | ||||||
10 | include guidance for the General Assembly on issues relating to | ||||||
11 | QILDRO equity when both members of a former domestic | ||||||
12 | partnership have accumulated defined-benefit service credits, | ||||||
13 | but one former partner has accumulated significantly more | ||||||
14 | credits that the other former partner. | ||||||
15 | (c) The Task Force shall appoint a chairperson from its | ||||||
16 | membership. The chairperson may request that the State | ||||||
17 | Employees Retirement System, the State Universities Retirement | ||||||
18 | System, and the Teachers Retirement System provide staff | ||||||
19 | support to the Task Force.
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20 | (d) The Task Force must submit their findings and | ||||||
21 | recommendations to the General Assembly and the Governor within | ||||||
22 | 18 months after the effective date of this Section. The Task | ||||||
23 | Force shall be dissolved 30 days after the submission of the | ||||||
24 | report.
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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