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TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE D: RETIREMENT SYSTEMS CHAPTER III: TEACHERS' RETIREMENT SYSTEM OF THE STATE OF ILLINOIS PART 1650 THE ADMINISTRATION AND OPERATION OF THE TEACHERS' RETIREMENT SYSTEM SECTION 1650.1115 BENEFITS AFFECTED BY A QILDRO
Section 1650.1115 Benefits Affected by a QILDRO
a) A QILDRO may apply only to the following benefits administered by the System:
1) A monthly retirement benefit;
2) A single sum retirement benefit;
3) A termination refund;
4) A partial member's refund;
5) A return of accumulated contributions payable to a member's designated beneficiary upon death; and
6) A survivor benefit, if and only if payable as a lump sum.
b) If a QILDRO applies to any partial member's refund that becomes payable, the aggregate amount paid to the alternate payee from all partial member's refunds shall not exceed the amount specified in the QILDRO. The QILDRO must not differentiate between the type of partial member's refund. The partial member's refund will be administered as follows:
1) The alternate payee will always receive payment first, up to the full amount designated in the QILDRO, before the member receives any portion of a partial member's refund that becomes payable.
2) If the first partial member's refund that becomes payable is less than or equal to the amount designated in the QILDRO, the alternate payee will receive the entire refund payable.
3) If the first partial member's refund is insufficient to satisfy the full amount designated in the QILDRO, any subsequent partial member's refunds that become payable will be paid first to the alternate payee, up to the full amount designated in the QILDRO, with any remaining balance paid to the member.
c) A QILDRO shall not apply to any of the following:
1) A monthly survivor benefit;
2) A disability benefit as defined in Section 1650.1110(e) of this Subpart;
3) A Teachers' Retirement Insurance Program ("TRIP") benefit or any other health insurance benefit;
4) An error refund as defined in Section 1650.1110(d) of this Subpart; or
5) A Supplemental Savings Plan (SSP) account (see 40 ILCS 5/16-204); except as provided in a valid SSP QILDRO duly issued by a court of competent jurisdiction.
d) If a benefit or refund subject to a QILDRO is also subject to tax lien or withholding order, the System will deduct the amount due pursuant to the tax lien or withholding order prior to deducting the amount due pursuant to the QILDRO, until the System receives different instructions from a court of competent jurisdiction. It is the member's or alternate payee's responsibility to obtain clarification from the court if the QILDRO should take priority ahead of a competing tax lien or withholding order.
(Source: Amended at 49 Ill. Reg. 3382, effective March 3, 2025) |