Full Text of SB1446 94th General Assembly
SB1446ham001 94TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Adopted in House Comm. on May 24, 2005
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| AMENDMENT TO SENATE BILL 1446
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| AMENDMENT NO. ______. Amend Senate Bill 1446 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Section 1-119 as follows:
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| (40 ILCS 5/1-119)
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| Sec. 1-119. Qualified Illinois Domestic Relations Orders.
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| (a) For the purposes of this Section:
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| (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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| (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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| (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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| (4) "Member" means any person who participates in or |
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| has service
credits in a retirement system, including a | 2 |
| person who is receiving or is
eligible to receive a | 3 |
| retirement or disability benefit, without regard to
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| whether the person has withdrawn from service.
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| (5) "Member's refund" means a return of all or a | 6 |
| portion of a member's
contributions that is elected by the | 7 |
| member (or provided by operation of
law) and is payable | 8 |
| before the member's death.
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| (5.5) "Permissive service" means service credit | 10 |
| purchased by the member, unused vacation, and unused sick | 11 |
| leave that the retirement system includes by statute in a | 12 |
| member's benefit calculations.
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| (6) "Qualified Illinois Domestic Relations Order" or | 14 |
| "QILDRO" means an
Illinois court order that creates or | 15 |
| recognizes the existence of an alternate
payee's right to | 16 |
| receive all or a portion of a member's accrued benefits in | 17 |
| a
retirement system, is issued pursuant to this Section and | 18 |
| Section 503(b)(2)
of the Illinois Marriage and Dissolution | 19 |
| of Marriage Act, and meets the
requirements of this | 20 |
| Section. A QILDRO is not the same as a qualified domestic
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| relations order or QDRO issued pursuant to Section 414(p) | 22 |
| of the Internal
Revenue Code of 1986. The requirements of | 23 |
| paragraphs (2) and (3) of that
Section do not apply to | 24 |
| orders issued under this Section and shall not be
deemed a | 25 |
| guide to the interpretation of this Section; a QILDRO is | 26 |
| intended to
be a domestic relations order within the | 27 |
| meaning of paragraph (11) of that
Section.
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| (7) "Regular payee" means the person to whom a benefit | 29 |
| would be
payable in the absence of an effective QILDRO.
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| (7.5) "Regular service" means service credit earned by | 31 |
| the member, including a repayment of a refund for regular | 32 |
| service that the retirement system includes by statute in a | 33 |
| member's benefit calculations. "Regular service" does not | 34 |
| include service credit purchased by the member, unused |
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| vacation, or unused sick leave.
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| (8) "Retirement benefit" means any periodic or | 3 |
| nonperiodic benefit
payable to a retired member based on | 4 |
| age or service, or on the amounts
accumulated to the credit | 5 |
| of the member for retirement purposes, including
any | 6 |
| periodic or nonperiodic increases in the benefit, whether | 7 |
| or not the
benefit is so called under the applicable | 8 |
| Article of this Code.
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| (9) "Retirement system" or "system" means any | 10 |
| retirement system,
pension fund, or other public employee | 11 |
| retirement benefit plan that is
maintained or established | 12 |
| under any of Articles 2 through 18 of this Code.
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| (10) "Surviving spouse" means the spouse of a member at | 14 |
| the time of the
member's death.
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| (11) "Survivor's benefit" means any periodic benefit | 16 |
| payable to a
surviving spouse, child, parent, or other | 17 |
| survivor of a deceased member,
including any periodic or | 18 |
| nonperiodic increases in the benefit or nonperiodic | 19 |
| payment included with the benefit , whether or not
the | 20 |
| benefit is so called under the applicable Article of this | 21 |
| Code.
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| (b) (1) An Illinois court of competent jurisdiction in a | 23 |
| proceeding for
declaration of invalidity of marriage, legal | 24 |
| separation, or dissolution of
marriage that provides for | 25 |
| support or the distribution of property, or any proceeding to
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| amend or enforce such support or
a property distribution, may | 27 |
| order that all or any part
of any (i) member's retirement | 28 |
| benefit ,
or (ii) member's refund payable to or on behalf
of the | 29 |
| member , or (iii) death benefit, or portion thereof, that would | 30 |
| otherwise be payable to the member's death benefit | 31 |
| beneficiaries or estate be instead paid by the retirement | 32 |
| system to the
a designated
alternate payee.
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| (2) An order issued under this Section provides only for | 34 |
| the diversion to
an alternate payee of certain benefits |
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| otherwise payable by the retirement
system under the provisions | 2 |
| of this Code. The existence of a QILDRO shall
not cause the | 3 |
| retirement system to pay any benefit, or any amount of benefit,
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| to an alternate payee that would not have been payable by the | 5 |
| system to a
regular payee in the absence of the QILDRO.
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| (3) A QILDRO shall not affect the vesting, accrual, or | 7 |
| amount of any
benefit, nor the date or conditions upon which | 8 |
| any benefit becomes payable,
nor the right of the member or the | 9 |
| member's survivors to make any election
otherwise authorized | 10 |
| under this Code, except as provided in subsections (i)
and (j).
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| (4) A QILDRO shall not apply to or affect the payment of | 12 |
| any survivor's
benefit, death benefit, disability benefit, | 13 |
| life insurance benefit, or health
insurance benefit.
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| (c) (1) A QILDRO must contain the name, mailing
residence
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| address, and social
security number of the member and of the | 16 |
| alternate payee and must identify
the retirement system to | 17 |
| which it is directed and the court issuing the order.
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| (2) A QILDRO must specify each benefit to which it applies, | 19 |
| and it must
specify the amount of the benefit to be paid to the | 20 |
| alternate payee . In the case of a non-periodic benefit, this | 21 |
| amount must be specified as a dollar amount or as a percentage | 22 |
| as specifically provided in subsection (n). In the case of a | 23 |
| periodic benefit, this amount must be specified as a dollar | 24 |
| amount per month or as a percentage per month as specifically | 25 |
| provided in subsection (n) , which
in the case of a nonperiodic | 26 |
| benefit shall be expressed as a dollar amount
(except that a | 27 |
| nonperiodic benefit payable to an alternate payee of a
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| participant in the self-managed plan authorized under Article | 29 |
| 15 of this
Code may be expressed as a dollar amount or as a | 30 |
| percentage of the
participant's account), and in the case of a | 31 |
| periodic benefit shall be
expressed as a dollar amount per | 32 |
| month .
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| (3) With respect to each benefit to which it applies, a | 34 |
| QILDRO must specify
when the order will take effect. In the |
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| case of a lump sum benefit payable to an alternate payee of a | 2 |
| participant in the self-managed plan authorized under Article | 3 |
| 15 of this Code, the benefit shall be paid upon the proper | 4 |
| request of the alternate payee. In the case of a periodic | 5 |
| benefit that is
being paid at the time the order is received, a | 6 |
| QILDRO shall take effect
immediately or on a specified later | 7 |
| date; if it takes effect
immediately, it shall become effective | 8 |
| on the first benefit payment date
occurring at least 30 days | 9 |
| after the order is received by the retirement
system. In the | 10 |
| case of any other benefit, a QILDRO shall take effect when
the | 11 |
| benefit becomes payable, unless some later date is specified | 12 |
| pursuant to subsection (n).
except that a lump-sum benefit | 13 |
| payable to an
alternate payee of a participant in the | 14 |
| self-managed plan authorized under
Article 15 of this Code may | 15 |
| be paid upon the request of the alternate payee.
However, in no | 16 |
| event shall a QILDRO apply to any benefit paid by the | 17 |
| retirement
system before or within 30 days after the order is | 18 |
| received. A retirement
system may adopt rules to prorate the | 19 |
| amount of the first and final periodic
payments to an alternate | 20 |
| payee.
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| (4) A QILDRO must also contain any provisions required | 22 |
| under subsection (n)
or (p).
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| (5) If a QILDRO indicates that the alternate payee is to | 24 |
| receive a percentage of any retirement system benefit, the | 25 |
| calculations required shall be performed by the member, the | 26 |
| alternate payee, their designated representatives or their | 27 |
| designated experts. The results of said calculations shall be | 28 |
| provided to the retirement system via a QILDRO Calculation | 29 |
| Court Order issued by an Illinois court of competent | 30 |
| jurisdiction in a proceeding for declaration of invalidity of | 31 |
| marriage, legal separation, or dissolution of marriage. The | 32 |
| QILDRO Calculation Court Order shall follow the form provided | 33 |
| in subsection (n-5). The retirement system shall have no duty | 34 |
| or obligation to assist in such calculations or in completion |
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| of the QILDRO Calculation Court Order, other than to provide | 2 |
| the information required to be provided pursuant to subsection | 3 |
| (h). | 4 |
| (6) Within 45 days after the receipt of a QILDRO | 5 |
| Calculation Court Order, the retirement system shall notify the | 6 |
| member and the alternate payee (or one designated | 7 |
| representative of each) of the receipt of the Order. If a valid | 8 |
| QILDRO underlying the QILDRO Calculation Court Order has not | 9 |
| been filed with the retirement system, or if the QILDRO | 10 |
| Calculation Court Order does not clearly indicate the amount | 11 |
| the retirement system is to pay to the alternate payee, then | 12 |
| the retirement system shall at the same time notify the member | 13 |
| and the alternate payee (or one designated representative of | 14 |
| each) of the situation. Unless a valid QILDRO has not been | 15 |
| filed with the retirement system, or the QILDRO Calculation | 16 |
| Court Order does not clearly indicate the amount the retirement | 17 |
| system is to pay the alternate payee, the retirement system | 18 |
| shall implement the QILDRO based on the QILDRO Calculation | 19 |
| Court Order as soon as administratively possible once benefits | 20 |
| are payable. The retirement system shall have no obligation to | 21 |
| make any determination as to whether the calculations in the | 22 |
| QILDRO Calculation Court Order are accurate or whether the | 23 |
| calculations are in accordance with the parties' QILDRO, | 24 |
| agreement, or judgment. The retirement system shall not reject | 25 |
| a QILDRO Calculation Court Order because the calculations are | 26 |
| not accurate or not in accordance with the parties' QILDRO, | 27 |
| agreement, or judgment. The retirement system shall have no | 28 |
| responsibility for the consequences of its implementation of a | 29 |
| QILDRO Calculation Court Order that is inaccurate or not in | 30 |
| accordance with the parties' QILDRO, agreement, or judgment.
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| (d) (1) An order issued under this Section shall not be | 32 |
| implemented
unless a certified copy of the order has been filed | 33 |
| with the retirement
system. The system shall promptly notify | 34 |
| the member and the alternate
payee by first class mail of its |
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| receipt of the order.
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| (2) Neither the retirement system, nor its board, nor any | 3 |
| of its employees
shall be liable to the member, the regular | 4 |
| payee, or any other person for
any amount of a benefit that is | 5 |
| paid in good faith to an alternate payee in
accordance with a | 6 |
| QILDRO.
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| (3) Each new or modified QILDRO or QILDRO Calculation Court | 8 |
| Order that
At the time
the order is submitted to the retirement | 9 |
| system , it
shall be accompanied by a nonrefundable $50 | 10 |
| processing fee payable to the
retirement system, to be used by | 11 |
| the system to defer any administrative costs
arising out of the | 12 |
| implementation of the order
QILDRO .
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| (e) (1) Each alternate payee is responsible for maintaining | 14 |
| a current
mailing
residence address on file with the retirement | 15 |
| system. The retirement
system shall have no duty to attempt to | 16 |
| locate any alternate payee by any
means other than sending | 17 |
| written notice to the last known address of the
alternate payee | 18 |
| on file with the system.
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| (2) In the event that the system cannot locate an alternate | 20 |
| payee when a
benefit becomes payable, the system shall hold the | 21 |
| amount of the benefit
payable to the alternate payee and make | 22 |
| payment to the alternate payee
if he or she is located within | 23 |
| the following 180 days. If the alternate
payee has not been | 24 |
| located within 180 days from the date the benefit
becomes | 25 |
| payable, the system shall pay the benefit and the amounts held
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| to the regular payee. If the alternate payee is subsequently
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| located, the system shall thereupon implement the QILDRO, but | 28 |
| the interest
of the alternate payee in any amounts already paid | 29 |
| to the regular payee
shall be extinguished. Amounts held under | 30 |
| this subsection shall
not bear interest.
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| (f) (1) If the amount of a benefit that is specified in a | 32 |
| QILDRO or QILDRO Calculation Court Order for
payment to an | 33 |
| alternate payee exceeds the actual amount of that benefit
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| payable by the retirement system, the excess shall be |
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| disregarded. The
retirement system shall have no liability to | 2 |
| any alternate payee or any
other person for the disregarded | 3 |
| amounts.
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| (2) In the event of multiple QILDROs against a member, the | 5 |
| retirement
system shall honor all of the QILDROs to the extent | 6 |
| possible. However, if the
total amount of a benefit to be paid | 7 |
| to alternate payees under all
QILDROs in effect against the | 8 |
| member exceeds the actual amount of that
benefit payable by the | 9 |
| system, the QILDROs shall be satisfied in the order
of their | 10 |
| receipt by the system until the amount of the benefit is
| 11 |
| exhausted, and shall not be adjusted pro rata. Any amounts that | 12 |
| cannot be
paid due to exhaustion of the benefit shall remain | 13 |
| unpaid, and the
retirement system shall have no liability to | 14 |
| any alternate payee or any
other person for such amounts.
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| (3) A modification of a QILDRO shall be filed with the | 16 |
| retirement system in
the same manner as a new QILDRO. A | 17 |
| modification that does not increase the
amount of any benefit | 18 |
| payable to the alternate payee , as that amount was designated | 19 |
| in the QILDRO , and does not expand the
QILDRO to affect any | 20 |
| benefit not affected by the unmodified QILDRO, does not
affect | 21 |
| the priority of payment under subdivision (f)(2); the priority | 22 |
| of
payment of a QILDRO that has been modified to increase the | 23 |
| amount of any
benefit payable to the alternate payee, or to | 24 |
| expand the QILDRO to affect a
benefit not affected by the | 25 |
| unmodified QILDRO, shall be based on the date on
which the | 26 |
| system receives the modification of the QILDRO.
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| (4) A modification of a QILDRO Calculation Court Order | 28 |
| shall be filed with the retirement system in the same manner as | 29 |
| a new QILDRO Calculation Court Order.
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| (g) (1) Upon the death of the alternate payee under a | 31 |
| QILDRO, the QILDRO
shall expire and cease to be effective, and | 32 |
| in the absence of another
QILDRO, the right to receive any | 33 |
| affected benefit shall revert to the
regular payee.
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| (2) All QILDROs relating to a member's participation in a |
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| particular
retirement system shall expire and cease to be | 2 |
| effective upon the issuance
of a member's refund that | 3 |
| terminates the member's participation in that
retirement | 4 |
| system, without regard to whether the refund was paid to the
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| member or to an alternate payee under a QILDRO. An expired | 6 |
| QILDRO shall
not be automatically revived by any subsequent | 7 |
| return by the member to service
under that retirement system.
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| (h) (1) Within 45 days after receiving a subpoena from any | 9 |
| party to a
proceeding for declaration of invalidity of | 10 |
| marriage, legal separation, or
dissolution of marriage in which | 11 |
| a QILDRO may be issued, or after receiving a
request from the | 12 |
| member, a retirement system shall provide in response
issue a | 13 |
| statement
of a member's accumulated contributions, accrued | 14 |
| benefits, and other
interests in the plan administered by the | 15 |
| retirement system based on the data
on file with the system on | 16 |
| the date the subpoena is received . If so requested in the | 17 |
| subpoena, the retirement system shall also provide in response | 18 |
| general retirement plan information available to a member , and | 19 |
| of
any
relevant procedures, rules, or modifications to the | 20 |
| model QILDRO form
that have been adopted by the retirement | 21 |
| system.
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| (1.5) If a QILDRO provides for the alternate payee to | 23 |
| receive a percentage of a retirement benefit (as opposed to | 24 |
| providing for the alternate payee to receive specified dollar | 25 |
| amounts of a retirement benefit), then the retirement system | 26 |
| shall provide the applicable information to the member and to | 27 |
| the alternate payee, or to one designated representative of | 28 |
| each (e.g., the member's attorney and the alternate payee's | 29 |
| attorney) as indicated below: | 30 |
| (A) If the member is a participant in the self-managed | 31 |
| plan authorized under Article 15 of this Code and the | 32 |
| QILDRO provides that the only benefit the alternate payee | 33 |
| is to receive is a percentage of a lump sum benefit as of a | 34 |
| specific date that has already past, then, within 30 days |
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| after the retirement system receives the QILDRO, the | 2 |
| retirement system shall provide the lump sum amount to | 3 |
| which the QILDRO percentage is to be applied. | 4 |
| (B) For all situations except that situation described | 5 |
| in item (A), if the retirement system receives the QILDRO | 6 |
| before the member's effective date of retirement, then, | 7 |
| within 45 days after the retirement system receives the | 8 |
| QILDRO, the retirement system shall provide all of the | 9 |
| following information: | 10 |
| (i) The date of the member's initial membership in | 11 |
| the retirement system, expressed as month, day, and | 12 |
| year, if available, or the most exact date that is | 13 |
| available to the retirement system. | 14 |
| (ii) The amount of permissive and regular service | 15 |
| the member accumulated in the retirement system from | 16 |
| the time of initial membership through the most recent | 17 |
| date available prior to the retirement system | 18 |
| receiving the QILDRO (the dates used by the retirement | 19 |
| system shall also be provided). Service amounts shall | 20 |
| be expressed using the most exact time increments | 21 |
| available to the retirement system (e.g., months or | 22 |
| fractions of years). | 23 |
| (iii) The gross amount of the member's non-reduced | 24 |
| monthly annuity benefit earned, calculated as of the | 25 |
| most recent date available prior to the retirement | 26 |
| system receiving the QILDRO, the date used by the | 27 |
| retirement system, and the earliest date the member may | 28 |
| be eligible to commence the benefit. This amount shall | 29 |
| include any permissive service and upgrades purchased | 30 |
| by the member, and those amounts shall be noted | 31 |
| separately. | 32 |
| (iv) The gross amount of the member's refund or | 33 |
| partial refund, including any interest payable on | 34 |
| those amounts, calculated as of the most recent date |
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| available prior to the retirement system receiving the | 2 |
| QILDRO (the date used by the retirement system shall | 3 |
| also be provided). | 4 |
| (v) The gross amount of the death benefits that | 5 |
| would be payable to the member's death benefit | 6 |
| beneficiaries or estate, assuming the member died on | 7 |
| the date or a date as close as possible to the date the | 8 |
| QILDRO was received by the retirement system, | 9 |
| including any interest payable on the amounts, | 10 |
| calculated as of the most recent date available prior | 11 |
| to the retirement system receiving the QILDRO (the date | 12 |
| used by the retirement system shall also be provided). | 13 |
| (vi) Whether the member has notified the | 14 |
| retirement system of the date the member intends to | 15 |
| retire, and if so, that date.
| 16 |
| (vii) If the member has provided a date that he or | 17 |
| she intends to retire, the date, if available, that the | 18 |
| retirement system reasonably believes will be the | 19 |
| member's effective date of retirement.
| 20 |
| (C) For all situations except that situation described | 21 |
| in item (A), if the retirement system receives the QILDRO | 22 |
| after the effective date of retirement, then, within 45 | 23 |
| days after the retirement system receives the QILDRO, or, | 24 |
| if the retirement system receives the QILDRO before the | 25 |
| member's effective date of retirement, then as soon as | 26 |
| administratively possible before or after the member's | 27 |
| effective date of retirement (but not later than 45 days | 28 |
| after the member's effective date of retirement), the | 29 |
| retirement system shall provide all of the following | 30 |
| information: | 31 |
| (i) The member's effective date of retirement.
| 32 |
| (ii) The date the member commenced benefits or, if | 33 |
| not yet commenced, the date the retirement system has | 34 |
| scheduled the member's benefits to commence. |
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| (iii) The amount of permissive and regular service | 2 |
| the member accumulated in the retirement system from | 3 |
| the time of initial membership through the member's | 4 |
| effective date of retirement. Service amounts shall be | 5 |
| expressed using the most exact time increments | 6 |
| available to the retirement system (e.g., months or | 7 |
| fractions of years). | 8 |
| (iv) The gross amount of the member's monthly | 9 |
| annuity benefit, calculated as of the member's | 10 |
| effective date of retirement. This amount shall | 11 |
| include any permissive service and upgrades purchased | 12 |
| by the member, and those amounts shall be noted | 13 |
| separately. | 14 |
| (v) The gross amount of the member's refund or | 15 |
| partial refund, including any interest payable on | 16 |
| those amounts, calculated as of the member's effective | 17 |
| date of retirement. | 18 |
| (vi) The gross amount of death benefits that would | 19 |
| be payable to the member's death benefit beneficiaries | 20 |
| or estate, assuming the member died on the member's | 21 |
| effective date of retirement, including any interest | 22 |
| payable on those amounts. | 23 |
| (D) If, and only if, the alternate payee is entitled to | 24 |
| benefits under Section VII of the QILDRO, then, within 45 | 25 |
| days after the retirement system receives notice of the | 26 |
| member's death, the retirement system shall provide the | 27 |
| gross amount of death benefits payable, including any | 28 |
| interest payable on those amounts, calculated as of the | 29 |
| member's date of death.
| 30 |
| (2) In no event shall the retirement system be required to | 31 |
| furnish to any
person an actuarial opinion as to the present | 32 |
| value of the member's benefits or
other interests.
| 33 |
| (3) The papers, entries, and records, or parts thereof, of | 34 |
| any retirement
system may be proved by a copy thereof, |
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| certified under the signature of the
secretary of the system or | 2 |
| other duly appointed keeper of the records of the
system and | 3 |
| the corporate seal, if any.
| 4 |
| (i) In a retirement system in which a member or beneficiary | 5 |
| is
required to apply to the system for payment of a benefit, | 6 |
| the required
application may be made by an alternate payee who | 7 |
| is entitled to all
of a termination refund or retirement | 8 |
| benefit or part of a death benefit that is payable
that benefit
| 9 |
| under a QILDRO, provided that all other
qualifications and | 10 |
| requirements have been met. However, the alternate payee
may | 11 |
| not make the required application for death benefits while the | 12 |
| member is alive or for a member's refund or a retirement
| 13 |
| benefit if the member is in active service or below the minimum | 14 |
| age for
receiving an undiscounted retirement annuity in the | 15 |
| retirement system that has
received the QILDRO or in any other | 16 |
| retirement system in which the member has
regular or permissive
| 17 |
| creditable service and in which the member's rights under the | 18 |
| Retirement
Systems Reciprocal Act would be affected as a result | 19 |
| of the alternate payee's
application for a member's refund or | 20 |
| retirement benefit.
| 21 |
| (j) (1) So long as there is in effect a QILDRO relating to | 22 |
| a member's
retirement benefit, the affected member may not | 23 |
| elect a form of payment that
has the effect of diminishing the | 24 |
| amount of the payment to which any alternate
payee is entitled, | 25 |
| unless the alternate payee has consented to the election in
a
| 26 |
| writing that includes the alternate payee's notarized | 27 |
| signature, and this written and notarized consent has been | 28 |
| filed with the retirement system.
| 29 |
| (2) If a member attempts to make an election prohibited | 30 |
| under subdivision
(j)(1), the retirement system shall reject | 31 |
| the election and advise the member
of the need to obtain the | 32 |
| alternate payee's consent.
| 33 |
| (3) If a retirement system discovers that it has mistakenly | 34 |
| allowed an
election prohibited under subdivision (j)(1), it |
|
|
|
09400SB1446ham001 |
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|
| 1 |
| shall thereupon disallow that
election and recalculate any | 2 |
| benefits affected thereby. If the system
determines that an | 3 |
| amount paid to a regular payee should have been paid to an
| 4 |
| alternate payee, the system shall, if possible, recoup the | 5 |
| amounts as provided
in subsection (k) of this Section.
| 6 |
| (k) In the event that a regular payee or an alternate payee | 7 |
| is overpaid, the
retirement system shall have the authority to | 8 |
| and shall recoup the amounts by deducting the overpayment from
| 9 |
| future payments and making payment to the other payee. The | 10 |
| system may make
deductions for recoupment over a period of time | 11 |
| in the same manner as is
provided by law or rule for the | 12 |
| recoupment of other amounts incorrectly
disbursed by the system | 13 |
| in instances not involving a QILDRO. The retirement
system | 14 |
| shall incur no liability to either the alternate payee or the | 15 |
| regular
payee as a result of any payment made in good faith, | 16 |
| regardless of whether the
system is able to accomplish | 17 |
| recoupment.
| 18 |
| (l) (1) A retirement system that has, before the effective | 19 |
| date of this
Section, received and implemented a domestic | 20 |
| relations order that directs
payment of a benefit to a person | 21 |
| other than the regular payee may continue
to implement that | 22 |
| order, and shall not be liable to the regular payee for
any | 23 |
| amounts paid in good faith to that other person in accordance | 24 |
| with
the order.
| 25 |
| (2) A domestic relations order directing payment of a | 26 |
| benefit to a
person other than the regular payee that was | 27 |
| issued by a court but not
implemented by a retirement system | 28 |
| prior to the effective date of this
Section shall be void. | 29 |
| However, a person who is the beneficiary or alternate
payee of | 30 |
| a domestic relations order that is rendered void under this | 31 |
| subsection
may petition the court that issued the order for an | 32 |
| amended order that complies
with this Section.
| 33 |
| (3) A retirement system that received a valid QILDRO before | 34 |
| the effective date of this amendatory Act of the 94th General |
|
|
|
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| Assembly shall continue to implement the QILDRO and shall not | 2 |
| be liable to any party for amounts paid in good faith pursuant | 3 |
| to the QILDRO.
| 4 |
| (m) (1) In accordance with Article XIII, Section 5 of the | 5 |
| Illinois
Constitution, which prohibits the impairment or | 6 |
| diminishment of benefits
granted under this Code, a QILDRO | 7 |
| issued against a member of a retirement
system established | 8 |
| under an Article of this Code that exempts the payment of
| 9 |
| benefits or refunds from attachment, garnishment, judgment or | 10 |
| other legal
process shall not be effective without the written | 11 |
| consent of the member if the
member began participating in the | 12 |
| retirement system on or before the effective
date of this | 13 |
| Section. That consent must specify the retirement system, the
| 14 |
| court case number, and the names and social security numbers of | 15 |
| the member and
the alternate payee. The consent must accompany | 16 |
| the QILDRO when it is filed
with the retirement system, and | 17 |
| must be in substantially the following form:
| 18 |
| CONSENT TO ISSUANCE OF QILDRO
| 19 |
| Case Caption: ...................................
| 20 |
| Court Case Number: ....................
| 21 |
| Member's Name: ..................................
| 22 |
| Member's Social Security Number: ........................
| 23 |
| Alternate payee's Name: .........................
| 24 |
| Alternate payee's Social Security Number: ...............
| 25 |
| I, (name), a member of the (retirement system), hereby | 26 |
| irrevocably consent to the
issuance of a Qualified Illinois | 27 |
| Domestic Relations Order. I understand
that under the Order, | 28 |
| certain benefits that would otherwise be payable to me,
or to | 29 |
| my death benefit beneficiaries
surviving spouse or estate, will | 30 |
| instead be payable to (name of
alternate payee). I also | 31 |
| understand that my right to elect certain forms of
payment of | 32 |
| my retirement benefit or member's refund may be limited as a |
|
|
|
09400SB1446ham001 |
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| 1 |
| result
of the Order.
| 2 |
| DATED:.......................
| 3 |
| SIGNED:......................
| 4 |
| (2) A member's consent to the issuance of a QILDRO shall be | 5 |
| irrevocable,
and shall apply to any QILDRO that pertains to the | 6 |
| alternate payee and
retirement system named in the consent.
| 7 |
| (n) A QILDRO
An order issued under this Section shall be in | 8 |
| substantially the
following form (omitting any provisions that | 9 |
| are not applicable to benefits that are or may be ultimately | 10 |
| payable to the member ):
| 11 |
| QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDER
| 12 |
| ...................................
| 13 |
| (Enter Case Caption Here)
| 14 |
| ................................... | 15 |
| (Enter Retirement System Name Here) | 16 |
| THIS CAUSE coming before the Court for the purpose of the | 17 |
| entry of a Qualified Illinois Domestic Relations Order under | 18 |
| the provisions of Section 1-119 of the Illinois Pension Code | 19 |
| (40 ILCS 5/1-119), the Court having jurisdiction over the | 20 |
| parties and the subject matter hereof; the Court finding that | 21 |
| one of the parties to this proceeding is a member of a | 22 |
| retirement system subject to Section 1-119 of the Illinois | 23 |
| Pension Code (40 ILCS 5/1-119), this Order is entered to | 24 |
| implement a division of that party's interest in the retirement | 25 |
| system; and the Court being fully advised;
| 26 |
| IT IS HEREBY ORDERED AS FOLLOWS: | 27 |
| I. The definitions and other provisions of Section 1-119 of | 28 |
| the Illinois Pension Code (40 ILCS 5/1-119) are adopted by |
|
|
|
09400SB1446ham001 |
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| 1 |
| reference and made a part of this Order. | 2 |
| II. Identification of Retirement System and parties:
| 3 |
| Retirement System: ............................
| 4 |
| (Name)
| 5 |
| | 6 |
| ............................
| 7 |
| (Address)
| 8 |
| Member:
............................
| 9 |
| (Name)
| 10 |
| | 11 |
| ............................
| 12 |
| (Mailing Address)
| 13 |
| | 14 |
| ............................
| 15 |
| (Social Security Number)
| 16 |
| Alternate payee: ............................
| 17 |
| (Name)
| 18 |
| | 19 |
| ............................
| 20 |
| (Mailing Address)
| 21 |
| | 22 |
| ............................
| 23 |
| (Social Security Number)
| 24 |
| The alternate payee is the member's .... current or former | 25 |
| spouse/ .... child or other dependent [check one].
| 26 |
| III. The Retirement System shall pay the indicated amounts | 27 |
| of the member's retirement benefits to the alternate payee |
|
|
|
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| 1 |
| under the following terms and conditions: | 2 |
| (A) The Retirement System shall pay the alternate payee | 3 |
| pursuant to one of the following methods [complete the ONE | 4 |
| option that applies]: | 5 |
| (1) $...... per month [enter amount]; or | 6 |
| (2) .......% [enter percentage] per month of the | 7 |
| marital portion of said benefit with the marital | 8 |
| portion defined using the formula in Section IX; or | 9 |
| (3) ........% [enter percentage] per month of the | 10 |
| gross amount of said benefit calculated as of the date | 11 |
| the .... member's/ .... alternate payee's [check one] | 12 |
| benefit commences [check alternate payee only if the | 13 |
| alternate payee will commence benefits after the | 14 |
| member commences benefits, e.g. if the member is | 15 |
| receiving retirement benefits at the time this Order is | 16 |
| entered]. | 17 |
| (B) If the member's retirement benefit has already | 18 |
| commenced, payments to the alternate payee shall commence | 19 |
| either [check/complete the ONE option that applies]: | 20 |
| (1) .... as soon as administratively possible upon | 21 |
| this order being received and accepted by the | 22 |
| Retirement System; or | 23 |
| (2) .... on the date of ........ [enter any benefit | 24 |
| payment date that will occur at least 30 days after the | 25 |
| date the retirement system receives a valid QILDRO, but | 26 |
| ONLY if payment to the alternate payee is to be delayed | 27 |
| to some future date; otherwise, check item (1) above]. | 28 |
| (C) If the member's retirement benefit has not yet | 29 |
| commenced, payments to the alternate payee shall commence | 30 |
| as of the date the member's retirement benefit commences. | 31 |
| (D) Payments to the alternate payee under this Section | 32 |
| III shall terminate [check/complete the ONE option that | 33 |
| applies]: | 34 |
| (1) .... upon the death of the member or the death |
|
|
|
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| of the alternate payee, whichever is the first to | 2 |
| occur; or | 3 |
| (2) .... after ........ payments are made to the | 4 |
| alternate payee [enter any set number] or upon the | 5 |
| death of the member or the death of the alternate | 6 |
| payee, whichever is the first to occur. | 7 |
| IV. If the member's retirement benefits are subject to | 8 |
| annual post-retirement increases, the alternate payee's share | 9 |
| of said benefits .... shall/ .... shall not [check one] be | 10 |
| recalculated or increased annually to include a proportionate | 11 |
| share of the applicable annual increases. | 12 |
| V. The Retirement System shall pay to the alternate payee | 13 |
| the indicated amounts of any refund or lump sum retirement | 14 |
| benefit that becomes payable to the member upon termination, | 15 |
| under the following terms and conditions: | 16 |
| (A) The Retirement System shall pay the alternate payee | 17 |
| pursuant to one of the following methods [complete the ONE | 18 |
| option that applies]: | 19 |
| (1) $..... [enter amount]; or | 20 |
| (2) .....% [enter percentage] of the marital | 21 |
| portion of the refund or lump sum retirement benefit, | 22 |
| with the marital portion defined using the formula in | 23 |
| Section IX; or | 24 |
| (3) ......% [enter percentage] of the gross amount | 25 |
| of the refund or lump sum retirement benefit, | 26 |
| calculated when the member's refund or lump sum | 27 |
| retirement benefit is paid. | 28 |
| (B) The amount payable to an alternate payee under | 29 |
| Section V(A)(2) or V(A)(3) shall include any applicable | 30 |
| interest that would otherwise be payable to the member | 31 |
| under the rules of the Retirement System. | 32 |
| (C) The alternate payee's benefit under this Section V | 33 |
| shall be paid when the member's benefit is paid. | 34 |
| VI. The Retirement System shall pay to the alternate payee |
|
|
|
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| 1 |
| the indicated amounts of any partial refund that becomes | 2 |
| payable to the member under the following terms and conditions: | 3 |
| (A) The Retirement System shall pay the alternate payee | 4 |
| pursuant to one of the following methods [complete the ONE | 5 |
| option that applies]: | 6 |
| (1) $...... [enter amount]; or | 7 |
| (2) ......% [enter percentage] of the marital | 8 |
| portion of said benefit, with the marital portion | 9 |
| defined using the formula in Section IX; or | 10 |
| (3) ......% [enter percentage] of the gross amount | 11 |
| of the benefit calculated when the member's refund is | 12 |
| paid. | 13 |
| (B) The amount payable to an alternate payee under | 14 |
| Section VI(A)(2) or VI(A)(3) shall include any applicable | 15 |
| interest that would otherwise be payable to the member | 16 |
| under the rules of the Retirement System. | 17 |
| (C) The alternate payee's share of the refund under | 18 |
| this Section VI shall be paid when the member's benefit is | 19 |
| paid. | 20 |
| VII. The Retirement System shall pay to the alternate payee | 21 |
| the indicated amounts of any death benefits that become payable | 22 |
| to the member's death benefit beneficiaries or estate under the | 23 |
| following terms and conditions: | 24 |
| (A) To the extent and only to the extent required to | 25 |
| effectuate this Section VII, the alternate payee shall be | 26 |
| designated as and considered to be a beneficiary of the | 27 |
| member at the time of the member's death and shall receive | 28 |
| [complete ONE of the following options]: | 29 |
| (1) $...... [enter amount]; or | 30 |
| (2) ......% [enter percentage] of the marital | 31 |
| portion of death benefits, with the marital portion | 32 |
| defined using the formula in Section IX; or | 33 |
| (3) ......% [enter percentage] of the gross amount | 34 |
| of death benefits calculated when said benefits become |
|
|
|
09400SB1446ham001 |
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|
| 1 |
| payable. | 2 |
| (B) The amount payable to an alternate payee under | 3 |
| Section VII(A)(2) or VII(A)(3) shall include any | 4 |
| applicable interest payable to the death benefit | 5 |
| beneficiaries under the rules of the Retirement System. | 6 |
| (C) The alternate payee's share of death benefits under | 7 |
| this Section VII shall be paid as soon as administratively | 8 |
| possible after the member's death. | 9 |
| VIII. If this Order indicates that the alternate payee is | 10 |
| to receive a percentage of any retirement benefit or refund, | 11 |
| upon receipt of the information required to be provided by the | 12 |
| Retirement System under Section 1-119 of the Illinois Pension | 13 |
| Code (40 ILCS 5/1-119), the calculations required shall be | 14 |
| performed by the member, by the alternate payee, or by their | 15 |
| designated representatives or designated experts. The results | 16 |
| of the calculations shall be provided to the Retirement System | 17 |
| via a QILDRO Calculation Court Order in accordance with Section | 18 |
| 1-119 of the Illinois Pension Code. | 19 |
| IX. Marital Portion Benefit Calculation Formula (Option to | 20 |
| calculate benefit in items III(A)(2), V(A)(2), VI(A)(2), and | 21 |
| VII(A)(2) above). If in this Section "other" is circled in the | 22 |
| definition of A, B, or C, then a supplemental order must be | 23 |
| entered simultaneously with this QILDRO clarifying the intent | 24 |
| of the parties or the Court as to that item. The supplemental | 25 |
| order cannot require the Retirement System to take any action | 26 |
| not permitted under Illinois law or the Retirement System's | 27 |
| administrative rules. To the extent that the supplemental order | 28 |
| does not conform to Illinois law or administrative rule, it | 29 |
| shall not be binding upon the Retirement System. | 30 |
| (1) The amount of the alternate payee's benefit shall | 31 |
| be the result of (A/B) x C x D where: | 32 |
| "A" equals the number of months of .... regular/ | 33 |
| .... regular plus permissive/ .... other [check only | 34 |
| one] service that the member accumulated in the |
|
|
|
09400SB1446ham001 |
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LRB094 09006 AMC 45893 a |
|
| 1 |
| Retirement System from the date of marriage | 2 |
| ....................... [enter date MM/DD/YYYY] to the | 3 |
| date of divorce .................... [enter date | 4 |
| MM/DD/YYYY]. This number of months of service shall be | 5 |
| calculated as whole months after receipt of | 6 |
| information required from the Retirement System | 7 |
| pursuant to Section 1-119 of the Illinois Pension Code | 8 |
| (40 ILCS 5/1-119). | 9 |
| "B" equals the number of months of .... regular/ | 10 |
| .... regular plus permissive/ .... other [check only | 11 |
| one] service that the member accumulated in the | 12 |
| Retirement System from the time of initial membership | 13 |
| in the Retirement System through the member's | 14 |
| effective date of retirement. The number of months of | 15 |
| service shall be calculated as whole months after | 16 |
| receipt of information required from the Retirement | 17 |
| System pursuant to Section 1-119 of the Illinois | 18 |
| Pension Code (40 ILCS 5/1-119). | 19 |
| "C" equals the gross amount of: | 20 |
| (i) the member's monthly retirement benefit | 21 |
| (Section III(A)) calculated as of the member's | 22 |
| effective date of retirement, .... including/ .... | 23 |
| not including/ .... other [check only one] | 24 |
| permissive service, upgrades purchased, and other | 25 |
| benefit formula enhancements; | 26 |
| (ii) the member's refund payable upon | 27 |
| termination or lump sum retirement benefit that | 28 |
| becomes payable, including any payable interest | 29 |
| (Section V(A)) calculated as of the time said | 30 |
| refund becomes payable to the member; | 31 |
| (iii)
the member's partial refund, including | 32 |
| any payable interest (Section VI(A)) calculated as | 33 |
| of the time said partial refund becomes payable to | 34 |
| the member; or |
|
|
|
09400SB1446ham001 |
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|
| 1 |
| (iv) the death benefit payable to the member's | 2 |
| death benefit beneficiaries or estate, including | 3 |
| any payable interest (Section VII(A)) calculated | 4 |
| as of the time said benefit becomes payable to the | 5 |
| member's beneficiary; | 6 |
| whichever are applicable pursuant to Section III, V, | 7 |
| VI, or VII of this Order. These gross amounts shall be | 8 |
| provided by the Retirement System pursuant to Section | 9 |
| 1-119 of the Illinois Pension Code (40 ILCS 5/1-119). | 10 |
| "D" equals the percentage noted in Section | 11 |
| III(A)(2), V(A)(2), VI(A)(2), or VII(A)(2), whichever | 12 |
| are applicable. | 13 |
| (2) The alternate payee's benefit under this Section IX | 14 |
| shall be paid in accordance with all Sections of this Order | 15 |
| that apply. | 16 |
| X. In accordance with subsection (j) of Section 1-119 of | 17 |
| the Illinois Pension Code (40 ILCS 5/1-119), so long as this | 18 |
| QILDRO is in effect, the member may not elect a form of payment | 19 |
| of the retirement benefit that has the effect of diminishing | 20 |
| the amount of the payment to which the alternate payee is | 21 |
| entitled, unless the alternate payee has consented to the | 22 |
| election in writing, the consent has been notarized, and the | 23 |
| consent has been filed with the Retirement System. | 24 |
| XI. If the member began participating in the Retirement | 25 |
| System before July 1, 1999, this Order shall not take effect | 26 |
| unless accompanied by the written consent of the member as | 27 |
| required under subsection (m) of Section 1-119 of the Illinois | 28 |
| Pension Code (40 ILCS 5/1-119). | 29 |
| XII. The Court retains jurisdiction over this matter for | 30 |
| all of the following purposes: | 31 |
| (1) To establish or maintain this Order as a Qualified | 32 |
| Illinois Domestic Relations Order. | 33 |
| (2) To enter amended QILDROs and QILDRO Calculation | 34 |
| Court Orders to conform to the parties' Marital Settlement |
|
|
|
09400SB1446ham001 |
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LRB094 09006 AMC 45893 a |
|
| 1 |
| Agreement or Agreement for Legal Separation ("Agreement"), | 2 |
| to the parties' Judgment for Dissolution of Marriage or | 3 |
| Judgment for Legal Separation ("Judgment"), to any | 4 |
| modifications of the parties' Agreement or Judgment, or to | 5 |
| any supplemental orders entered to clarify the parties' | 6 |
| Agreement or Judgment. | 7 |
| (3) To enter supplemental orders to clarify the intent | 8 |
| of the parties or the Court regarding the benefits | 9 |
| allocated herein in accordance with the parties' Agreement | 10 |
| or Judgment, with any modifications of the parties' | 11 |
| Agreement or Judgment, or with any supplemental orders | 12 |
| entered to clarify the parties' Agreement or Judgment. A | 13 |
| supplemental order may not require the Retirement System to | 14 |
| take any action not permitted under Illinois law or the | 15 |
| Retirement System's administrative rules. To the extent | 16 |
| that the supplemental order does not conform to Illinois | 17 |
| law or administrative rule, it shall not be binding upon | 18 |
| the Retirement System. | 19 |
| DATED: ...................... | 20 |
| SIGNED: ..................... | 21 |
| [Judge's Signature]
| 22 |
| (n-5) A QILDRO Calculation Court Order issued under this | 23 |
| Section shall be in substantially the following form:
| 24 |
| QILDRO Calculation Court Order | 25 |
| ...................................
| 26 |
| [Enter case caption here]
| 27 |
| ................................... | 28 |
| [Enter Retirement System name here] |
|
|
|
09400SB1446ham001 |
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LRB094 09006 AMC 45893 a |
|
| 1 |
| THIS CAUSE coming before the Court for the purpose of the | 2 |
| entry of a QILDRO Calculation Court Order under the provisions | 3 |
| of Section 1-119 of the Illinois Pension Code (40 ILCS | 4 |
| 5/1-119), the Court having jurisdiction over the parties and | 5 |
| the subject matter hereof; the Court finding that a QILDRO has | 6 |
| previously been entered in this matter, that the QILDRO has | 7 |
| been received and accepted by the Retirement System, and that | 8 |
| the QILDRO requires percentage calculations to allocate the | 9 |
| alternate payee's share of the member's benefit or refund, the | 10 |
| Court not having found that the QILDRO has become void or | 11 |
| invalid, and the Court being fully advised; | 12 |
| IT IS HEREBY ORDERED AS FOLLOWS: | 13 |
| (1) The definitions and other provisions of Section 1-119 | 14 |
| of the Illinois Pension Code [40 ILCS 5/1-119] are adopted by | 15 |
| reference and made a part of this Order. | 16 |
| (2) Identification of Retirement System and parties:
| 17 |
| Retirement System: ............................
| 18 |
| (Name)
| 19 |
| | 20 |
| ............................
| 21 |
| (Address)
| 22 |
| Member:
............................
| 23 |
| (Name)
| 24 |
| | 25 |
| ............................
| 26 |
| (Mailing Address)
| 27 |
| | 28 |
| ............................
| 29 |
| (Social Security Number)
|
|
|
|
09400SB1446ham001 |
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LRB094 09006 AMC 45893 a |
|
| 1 |
| Alternate payee: ............................
| 2 |
| (Name)
| 3 |
| | 4 |
| ............................
| 5 |
| (Mailing Address)
| 6 |
| | 7 |
| ............................
| 8 |
| (Social Security Number)
| 9 |
| The Alternate payee is the member's .... current or former | 10 |
| spouse/ .... child or other dependent [check one].
| 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 .............. = ............ | 22 |
| [Enter A] [Enter B] [Enter C] [Enter D] [Monthly Amount] | 23 |
| (b) The alternate payee's benefit pursuant to QILDRO | 24 |
| Section V(A)(2) shall be calculated pursuant to Section IX | 25 |
| of the QILDRO and paid as follows: | 26 |
| (......./.......) X ....... X .............. = ............ | 27 |
| [Enter A] [Enter B] [enter C] [Enter D] [Amount] |
|
|
|
09400SB1446ham001 |
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LRB094 09006 AMC 45893 a |
|
| 1 |
| (c) The alternate payee's benefit pursuant to QILDRO | 2 |
| Section VI(A)(2) shall be calculated pursuant to Section IX | 3 |
| of the QILDRO and paid as follows: | 4 |
| (......./.......) X ....... X ............. = ............ | 5 |
| [Enter A] [Enter B] [Enter C] [Enter D] [Amount] | 6 |
| (d) The alternate payee's benefit pursuant to QILDRO | 7 |
| Section VII(A)(2) shall be calculated pursuant to Section | 8 |
| IX of the QILDRO and paid as follows: | 9 |
| (......./.......) X ....... X .............. = ............ | 10 |
| [Enter A] [Enter B] [Enter C] [Enter D] [Amount] | 11 |
| The Retirement System's sole obligation with respect to the | 12 |
| equations in this paragraph (3) is to pay the amounts indicated | 13 |
| as the result of the equations. The Retirement System shall | 14 |
| have no obligation to review or verify the equations or to | 15 |
| assist in the calculations used to determine such amounts.
| 16 |
| (4) The following shall apply only if the QILDRO allocated | 17 |
| benefits to the alternate payee in the specific Section noted. | 18 |
| The Retirement System shall pay the monthly amounts as directed | 19 |
| below, but only if and when the benefits are payable pursuant | 20 |
| to the QILDRO and Section 1-119 of the Illinois Pension Code | 21 |
| (40 ILCS 5/1-119). | 22 |
| (A) The alternate payee's benefit pursuant to QILDRO | 23 |
| Section III(A)(3) shall be calculated and paid as follows: | 24 |
| .................... X ............... = ................. | 25 |
| [Gross benefit amount] [Percentage] [Monthly Amount] | 26 |
| (B) The alternate payee's benefit pursuant to QILDRO | 27 |
| Section V(A)(3) shall be calculated and paid as follows: |
|
|
|
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| 1 |
| ..................... X ............... = ................. | 2 |
| [Gross benefit amount] [Percentage] [Amount] | 3 |
| (C) The alternate payee's benefit pursuant to QILDRO | 4 |
| Section VI(A)(3) shall be calculated and paid as follows: | 5 |
| ..................... X ............... = ................. | 6 |
| [Gross benefit amount] [Percentage] [Amount] | 7 |
| (D) The alternate payee's benefit pursuant to QILDRO | 8 |
| Section VII(A)(3) shall be calculated and paid as follows: | 9 |
| ..................... X ............... = ................. | 10 |
| [Gross benefit amount] [Percentage] [Amount] | 11 |
| The Retirement System's sole obligation with respect to the | 12 |
| equations in this paragraph (4) is to pay the amounts indicated | 13 |
| as the result of the equations. The Retirement System shall | 14 |
| have no obligation to review or verify the equations or to | 15 |
| assist in the calculations used to determine such amounts.
| 16 |
| (5) The Court retains jurisdiction over this matter for the | 17 |
| following purposes: | 18 |
| (A) to establish or maintain this Order as a QILDRO | 19 |
| Calculation Court Order; | 20 |
| (B) to enter amended QILDROs and QILDRO Calculation | 21 |
| Court Orders to conform to the parties' QILDRO, Marital | 22 |
| Settlement Agreement or Agreement for Legal Separation | 23 |
| ("Agreement"), to the parties' Judgment for Dissolution of | 24 |
| Marriage or Judgment for Legal Separation ("Judgment"), to | 25 |
| any modifications of the parties' QILDRO, Agreement, or | 26 |
| Judgment, or to any supplemental orders entered to clarify | 27 |
| the parties' QILDRO, Agreement, or Judgment; and |
|
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| (C) To enter supplemental orders to clarify the intent | 2 |
| of the parties or the Court regarding the benefits | 3 |
| allocated herein in accordance with the parties' Agreement | 4 |
| or Judgment, with any modifications of the parties' | 5 |
| Agreement or Judgment, or with any supplemental orders | 6 |
| entered to clarify the parties' Agreement or Judgment. A | 7 |
| supplemental order may not require the Retirement System to | 8 |
| take any action not permitted under Illinois law or the | 9 |
| Retirement System's administrative rules. To the extent | 10 |
| the supplemental order does not conform to Illinois law or | 11 |
| administrative rule, it shall not be binding upon the | 12 |
| Retirement System.
| 13 |
| DATED: ...................... | 14 |
| SIGNED: ..................... | 15 |
| [Judge's Signature]
| 16 |
| QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDER
| 17 |
| THIS CAUSE coming before the Court for the purpose of the | 18 |
| entry of a
Qualified Illinois Domestic Relations Order under | 19 |
| the provisions of Section
1-119 of the Illinois Pension Code, | 20 |
| the Court having jurisdiction
over the parties and the subject | 21 |
| matter hereof; the Court finding that one of
the parties to | 22 |
| this proceeding is a member of a retirement system subject to
| 23 |
| Section 1-119 of the Illinois Pension Code, this Order is | 24 |
| entered to implement
a division of that party's interest in the | 25 |
| retirement system; and
the Court being fully advised;
| 26 |
| IT IS HEREBY ORDERED AS FOLLOWS:
| 27 |
| (1) The definitions and other provisions of Section 1-119 | 28 |
| of the
Illinois Pension Code are adopted by reference and made | 29 |
| a part of this
Order.
| 30 |
| (2) Identification of Retirement System and parties:
|
|
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| Retirement System: (name and address)
| 2 |
| Member: (name, residence address and social security | 3 |
| number)
| 4 |
| Alternate payee: (name, residence address and social | 5 |
| security number)
| 6 |
| (3) The Retirement System shall pay the indicated amounts | 7 |
| of the
following specified benefits to the alternate payee | 8 |
| under the following
terms and conditions:
| 9 |
| (i) Of the member's retirement benefit, the Retirement | 10 |
| System shall
pay to the alternate payee $...... per month, | 11 |
| beginning (if the benefit is
already being paid, either | 12 |
| immediately or on a specified later date;
otherwise, on the | 13 |
| date the retirement benefit commences), and ending upon
the | 14 |
| termination of the retirement benefit or the death of the | 15 |
| alternate
payee, whichever occurs first.
| 16 |
| (ii) Of any member's refund that becomes payable, the | 17 |
| Retirement
System shall pay to the alternate payee $...... | 18 |
| when the member's refund
becomes payable.
| 19 |
| (4) In accordance with subsection (j) of Section 1-119 of | 20 |
| the Illinois
Pension Code, so long as this QILDRO is in effect, | 21 |
| the member may not elect a
form of payment of the retirement | 22 |
| benefit that has the effect of diminishing
the amount of the | 23 |
| payment to which the alternate payee is entitled, unless the
| 24 |
| alternate payee has consented to the election in writing and | 25 |
| this consent has
been filed with the retirement system.
| 26 |
| (5) If the member began participating in the Retirement | 27 |
| System before
the effective date of this Section, this Order | 28 |
| shall not take effect unless
accompanied by the written consent | 29 |
| of the member as required under subsection
(m) of Section 1-119 | 30 |
| of the Illinois Pension Code.
| 31 |
| (6) The Court retains jurisdiction to modify this Order.
| 32 |
| DATED:.......................
|
|
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| SIGNED:......................
| 2 |
| (o) (1) A court in Illinois that has issued a QILDRO shall | 3 |
| retain
jurisdiction of all issues relating to the modification | 4 |
| of the QILDRO as indicated in Section XII of the QILDRO and in | 5 |
| accordance with Illinois law. A court in Illinois that has | 6 |
| issued a QILDRO Calculation Court Order shall retain | 7 |
| jurisdiction of all issues relating to the modification of the | 8 |
| QILDRO Calculation Court Order as indicated in Section 5 of the | 9 |
| QILDRO Calculation Court Order and in accordance with Illinois | 10 |
| law . | 11 |
| (2) The
Administrative Review Law and the rules adopted | 12 |
| pursuant thereto shall govern
and apply to all proceedings for | 13 |
| judicial review of final administrative
decisions of the board | 14 |
| of trustees of the retirement system arising under this
| 15 |
| Section.
| 16 |
| (2) The term "administrative decision" is defined as in | 17 |
| Section 3-101
of the Code of Civil Procedure. The venue for | 18 |
| review under the Administrative
Review Law shall be the same as | 19 |
| is provided by law for judicial review of other
administrative | 20 |
| decisions of the retirement system.
| 21 |
| (p) (1) Each retirement system may adopt any procedures or | 22 |
| rules that it
deems necessary or useful for the implementation | 23 |
| of this Section.
| 24 |
| (2) Each retirement system may by rule modify the model | 25 |
| QILDRO form provided
in subsection (n) , except that no | 26 |
| retirement system may change that form in a way that limits the | 27 |
| choices provided to the alternate payee in subsections (n) or | 28 |
| (n-5). Each retirement system may by rule
or require that | 29 |
| additional information be included in
QILDROs presented to the | 30 |
| system, as may be necessary to meet the needs of
the retirement | 31 |
| system.
| 32 |
| (3) Each retirement system shall define its blank model | 33 |
| QILDRO form and blank model QILDRO Calculation Court Order form |
|
|
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| as an original of the forms or a paper copy of the forms. Each | 2 |
| retirement system shall, whenever possible, make the forms | 3 |
| available on the internet in non-modifiable computer format | 4 |
| (for example, Adobe Portable Document Format files) for | 5 |
| printing purposes. | 6 |
| (4) If a retirement system in good faith implements an | 7 |
| order under this Section that follows substantially the same | 8 |
| form as the model order and the retirement system later | 9 |
| discovers that the implemented order was not absolutely | 10 |
| identical to the retirement system's model order, the | 11 |
| retirement system's implementation shall not be a violation of | 12 |
| this Section and the retirement system shall have no | 13 |
| responsibility to compensate the member or the alternate payee | 14 |
| for moneys that would have been paid or not paid had the order | 15 |
| been identical to the model order.
| 16 |
| (Source: P.A. 93-347, eff. 7-24-03 .)
| 17 |
| Section 99. Effective date. This Act takes effect on July | 18 |
| 1, 2006.".
|
|