Section 1600.665  Providing Benefit Information for Divorce Purposes

a)         Information by Subpoena or Member Request.  SURS shall provide the information listed under Section 1-119(h)(1) of the Pension Code within 45 days after receipt of a subpoena from any party to a proceeding for declaration of invalidity of marriage, legal separation or dissolution of marriage in which a QILDRO may be issued, or after receiving a request from the member.  If so requested in the subpoena, SURS shall also provide in response general retirement plan information available to a member and any relevant procedures, rules or modifications to the model QILDRO.

b)         QILDRO Division by Percentages.  If a QILDRO provides for the alternate payee to receive a percentage of the gross or marital portion of a benefit, SURS shall provide the applicable information to the member and the alternate payee, or to one designated representative of each, as indicated below:

1)         Self-Managed Plan Account Divisions under Section 1-119(h)(1.5)(A) of the Pension Code.  If a member is a participant in the Self-Managed Plan and the QILDRO provides that the only benefit the alternate payee is to receive is a percentage of the member's vested account balance on a specific date that has already passed, within 45 days after SURS receives the QILDRO SURS shall provide the account balance to which the QILDRO percentage is to be applied.

2)         Preliminary Information under Section 1-119(h)(1.5)(B) of the Pension Code.  SURS shall provide the information listed under Section 1-119(h)(1.5)(B) of the Pension Code within 45 days after receipt of the QILDRO.

3)         Finalized Information under Section 1-119(h)(1.5)(C) of the Pension Code.  SURS shall provide the information under Section 1-119(h)(1.5)(C) of the Pension Code within 45 days after receipt of the QILDRO if received after the effective date of retirement.  If the QILDRO is received before the effective date of retirement, SURS shall provide the information within 45 days after all information necessary for the finalization of the member's benefits has been received.

4)         Death Benefit Information under Section 1-119(h)(1.5)(D) of the Pension Code.  If the QILDRO divides a death benefit, SURS shall provide the information required under Section 1-119(h)(1.5)(C) of the Pension Code within 45 days after receipt of notice of the member's death or when administratively practicable, whichever is later.

c)         Information provided by SURS for divorce purposes does not include the value of a member's retirement benefit accrued during an academic year for which data are not yet on file with SURS.

d)         Information provided by SURS for divorce purposes does not reflect an actuarial opinion as to the present value of a member's retirement benefit, refund or other interests.

e)         Information provided by SURS for divorce purposes reflects the member's total service career for which service credit in SURS has accrued, and is not isolated as to the marital period only.

f)         While SURS makes every effort to provide accurate information for divorce purposes, benefit estimates are by their nature approximate and subject to revision due to errors, omissions, erroneous assumptions, or future changes in the rules and laws governing SURS.

g)         SURS does not disclose information for divorce purposes to spouses, former spouses, relatives or other third parties, including the member's attorney, except in response to the member's written authorization to release the information, in response to a subpoena, or in accordance with subsections (a) and (b) of this Section.

(Source:  Amended at 33 Ill. Reg. 10757, effective July 1, 2009)