Full Text of HB3627 94th General Assembly
HB3627 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3627
Introduced 2/24/2005, by Rep. Julie Hamos SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Pension Code. Makes various changes in provisions concerning Qualified Illinois Domestic Relations Orders.
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| PENSION IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB3627 |
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LRB094 09004 AMC 39225 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| 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 | 25 |
| has service
credits in a retirement system, including a | 26 |
| person who is receiving or is
eligible to receive a | 27 |
| 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 | 30 |
| portion of a member's
contributions that is elected by the | 31 |
| member (or provided by operation of
law) and is payable | 32 |
| before the member's death.
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| (6) "Qualified Illinois Domestic Relations Order" or | 2 |
| "QILDRO" means an
Illinois court order that creates or | 3 |
| recognizes the existence of an alternate
payee's right to | 4 |
| receive all or a portion of a member's accrued benefits in | 5 |
| a
retirement system, is issued pursuant to this Section and | 6 |
| Section 503(b)(2)
of the Illinois Marriage and Dissolution | 7 |
| of Marriage Act, and meets the
requirements of this | 8 |
| 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) | 10 |
| of the Internal
Revenue Code of 1986. The requirements of | 11 |
| paragraphs (2) and (3) of that
Section do not apply to | 12 |
| orders issued under this Section and shall not be
deemed a | 13 |
| guide to the interpretation of this Section; a QILDRO is | 14 |
| intended to
be a domestic relations order within the | 15 |
| meaning of paragraph (11) of that
Section.
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| (7) "Regular payee" means the person to whom a benefit | 17 |
| would be
payable in the absence of an effective QILDRO.
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| (8) "Retirement benefit" means any periodic or | 19 |
| nonperiodic benefit
payable to a retired member based on | 20 |
| age or service, or on the amounts
accumulated to the credit | 21 |
| of the member for retirement purposes, including
any | 22 |
| periodic or nonperiodic increases in the benefit, whether | 23 |
| or not the
benefit is so called under the applicable | 24 |
| Article of this Code.
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| (9) "Retirement system" or "system" means any | 26 |
| retirement system,
pension fund, or other public employee | 27 |
| retirement benefit plan that is
maintained or established | 28 |
| under any of Articles 2 through 18 of this Code.
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| (10) "Surviving spouse" means the spouse of a member at | 30 |
| the time of the
member's death.
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| (11) "Survivor's benefit" means any periodic benefit | 32 |
| payable to a
surviving spouse, child, parent, or other | 33 |
| survivor of a deceased member,
including any periodic or | 34 |
| nonperiodic increases in the benefit, whether or not
the | 35 |
| benefit is so called under the applicable Article of this | 36 |
| Code.
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| (b) (1) An Illinois court of competent jurisdiction in a | 2 |
| proceeding for
declaration of invalidity of marriage, legal | 3 |
| separation, or dissolution of
marriage that provides for | 4 |
| support or the distribution of property, or any proceeding to
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| amend or enforce such support or
a property distribution, may | 6 |
| order that all or any part
of any (i) member's retirement | 7 |
| benefit ,
or (ii) member's refund payable to or on behalf
of the | 8 |
| member , or (iii) death benefit that would otherwise be payable | 9 |
| to the member, on behalf of the member or to the member's | 10 |
| designated beneficiary be instead paid by the retirement system | 11 |
| to a designated
alternate payee.
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| (2) An order issued under this Section provides only for | 13 |
| the diversion to
an alternate payee of certain benefits | 14 |
| otherwise payable by the retirement
system under the provisions | 15 |
| of this Code. The existence of a QILDRO shall
not cause the | 16 |
| 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 | 18 |
| 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 | 20 |
| amount of any
benefit, nor the date or conditions upon which | 21 |
| any benefit becomes payable,
nor the right of the member or the | 22 |
| member's survivors to make any election
otherwise authorized | 23 |
| 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 | 25 |
| any survivor's
benefit, death benefit, disability benefit, | 26 |
| life insurance benefit, or health
insurance benefit.
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| (c) (1) A QILDRO must contain the name, residence address, | 28 |
| and social
security number of the member and of the alternate | 29 |
| payee and must identify
the retirement system to which it is | 30 |
| directed and the court issuing the order.
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| (2) A QILDRO must specify each benefit to which it applies, | 32 |
| and it must
specify the amount of the benefit to be paid to the | 33 |
| alternate payee . In the case of a non-periodic benefit, this | 34 |
| amount must be specified as a dollar amount or as a percentage | 35 |
| as specifically provided in subsection (n). In the case of a | 36 |
| periodic benefit, this amount must be specified as a dollar |
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| amount per month or as a percentage per month as specifically | 2 |
| provided in subsection (n) , which
in the case of a nonperiodic | 3 |
| benefit shall be expressed as a dollar amount
(except that a | 4 |
| nonperiodic benefit payable to an alternate payee of a
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| participant in the self-managed plan authorized under Article | 6 |
| 15 of this
Code may be expressed as a dollar amount or as a | 7 |
| percentage of the
participant's account), and in the case of a | 8 |
| periodic benefit shall be
expressed as a dollar amount per | 9 |
| month .
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| (3) With respect to each benefit to which it applies, a | 11 |
| QILDRO must specify
when the order will take effect. In the | 12 |
| case of a lump sum benefit payable to an alternate payee of a | 13 |
| participant in the self-managed plan authorized under Article | 14 |
| 15 of this Code, the benefit shall be paid upon the proper | 15 |
| request of the alternate payee. In the case of a periodic | 16 |
| benefit that is
being paid at the time the order is received, a | 17 |
| QILDRO shall take effect
immediately or on a specified later | 18 |
| date; if it takes effect
immediately, it shall become effective | 19 |
| on the first benefit payment date
occurring at least 30 days | 20 |
| after the order is received by the retirement
system. In the | 21 |
| case of any other benefit, a QILDRO shall take effect when
the | 22 |
| benefit becomes payable, unless some later date is specified | 23 |
| pursuant to subsection (n).
except that a lump-sum benefit | 24 |
| payable to an
alternate payee of a participant in the | 25 |
| self-managed plan authorized under
Article 15 of this Code may | 26 |
| be paid upon the request of the alternate payee.
However, in no | 27 |
| event shall a QILDRO apply to any benefit paid by the | 28 |
| retirement
system before or within 30 days after the order is | 29 |
| received. A retirement
system may adopt rules to prorate the | 30 |
| amount of the first and final periodic
payments to an alternate | 31 |
| payee.
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| (4) A QILDRO must also contain any provisions required | 33 |
| under subsection (n)
or (p).
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| (5) If a QILDRO indicates that the alternate payee is to | 35 |
| receive a percentage or formula of any retirement system | 36 |
| benefit, the calculations required shall be performed by the |
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| member, the alternate payee, their designated representatives | 2 |
| or their designated experts. The results of said calculations | 3 |
| shall be provided to the retirement system via a QILDRO | 4 |
| Calculation Order. The QILDRO Calculation Order shall be | 5 |
| completed using the form provided in Section (n-5) herein. | 6 |
| (6) Within 30 days after the receipt of a QILDRO | 7 |
| Calculation Order, the retirement system shall notify the | 8 |
| member and the alternate payee (or one designated | 9 |
| representative of each) of the receipt of the Order. If the | 10 |
| QILDRO underlying the QILDRO Calculation Order does not exist | 11 |
| or is not in effect, or if the QILDRO Calculation Order does | 12 |
| not clearly indicate the amount the retirement system is to pay | 13 |
| to the alternate payee, then the retirement system shall at the | 14 |
| same time notify the member and the alternate payee (or one | 15 |
| designated representative of each) of the situation. Unless the | 16 |
| QILDRO underlying the QILDRO Calculation Order is not in | 17 |
| existence, no longer in effect, or does not clearly indicate | 18 |
| the amount the retirement system is to pay the alternate payee, | 19 |
| the retirement system shall accept the QILDRO Calculation Order | 20 |
| and shall implement the Order as soon as administratively | 21 |
| possible once benefits are payable. The retirement system shall | 22 |
| not reject a QILDRO Calculation Order based on its | 23 |
| determination that the calculations therein are not accurate or | 24 |
| that the calculations are not in accordance with the parties' | 25 |
| QILDRO, agreement, or judgment. The retirement system shall | 26 |
| have no responsibility for the consequences of its | 27 |
| implementation of a QILDRO Calculation Order that is inaccurate | 28 |
| or not in accordance with the parties' QILDRO, agreement, or | 29 |
| judgment.
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| (d) (1) An order issued under this Section shall not be | 31 |
| implemented
unless a certified copy of the order has been filed | 32 |
| with the retirement
system. The system shall promptly notify | 33 |
| the member and the alternate
payee by first class mail of its | 34 |
| receipt of the order.
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| (2) Neither the retirement system, nor its board, nor any | 36 |
| of its employees
shall be liable to the member, the regular |
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| payee, or any other person for
any amount of a benefit that is | 2 |
| paid in good faith to an alternate payee in
accordance with a | 3 |
| QILDRO.
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| (3) At the time a QILDRO
the order is submitted to the | 5 |
| retirement system, it
shall be accompanied by a nonrefundable | 6 |
| $50 processing fee payable to the
retirement system, to be used | 7 |
| by the system to defer any administrative costs
arising out of | 8 |
| the implementation of the QILDRO.
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| (e) (1) Each alternate payee is responsible for maintaining | 10 |
| a current
residence address on file with the retirement system. | 11 |
| The retirement
system shall have no duty to attempt to locate | 12 |
| any alternate payee by any
means other than sending written | 13 |
| notice to the last known address of the
alternate payee on file | 14 |
| with the system.
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| (2) In the event that the system cannot locate an alternate | 16 |
| payee when a
benefit becomes payable, the system shall hold the | 17 |
| amount of the benefit
payable to the alternate payee and make | 18 |
| payment to the alternate payee
if he or she is located within | 19 |
| the following 180 days. If the alternate
payee has not been | 20 |
| located within 180 days from the date the benefit
becomes | 21 |
| 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 | 24 |
| the interest
of the alternate payee in any amounts already paid | 25 |
| to the regular payee
shall be extinguished. Amounts held under | 26 |
| this subsection shall
not bear interest.
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| (f) (1) If the amount of a benefit that is specified in a | 28 |
| QILDRO for
payment to an alternate payee exceeds the actual | 29 |
| amount of that benefit
payable by the retirement system, the | 30 |
| excess shall be disregarded. The
retirement system shall have | 31 |
| no liability to any alternate payee or any
other person for the | 32 |
| disregarded amounts.
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| (2) In the event of multiple QILDROs against a member, the | 34 |
| retirement
system shall honor all of the QILDROs to the extent | 35 |
| possible. However, if the
total amount of a benefit to be paid | 36 |
| to alternate payees under all
QILDROs in effect against the |
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| member exceeds the actual amount of that
benefit payable by the | 2 |
| system, the QILDROs shall be satisfied in the order
of their | 3 |
| receipt by the system until the amount of the benefit is
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| exhausted, and shall not be adjusted pro rata. Any amounts that | 5 |
| cannot be
paid due to exhaustion of the benefit shall remain | 6 |
| unpaid, and the
retirement system shall have no liability to | 7 |
| 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 | 9 |
| retirement system in
the same manner as a new QILDRO. A | 10 |
| modification that does not increase the
amount of any benefit | 11 |
| payable to the alternate payee, and does not expand the
QILDRO | 12 |
| to affect any benefit not affected by the unmodified QILDRO, | 13 |
| does not
affect the priority of payment under subdivision | 14 |
| (f)(2); the priority of
payment of a QILDRO that has been | 15 |
| modified to increase the amount of any
benefit payable to the | 16 |
| alternate payee, or to expand the QILDRO to affect a
benefit | 17 |
| not affected by the unmodified QILDRO, shall be based on the | 18 |
| date on
which the system receives the modification of the | 19 |
| QILDRO.
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| (g) (1) Upon the death of the alternate payee under a | 21 |
| QILDRO, the QILDRO
shall expire and cease to be effective, and | 22 |
| in the absence of another
QILDRO, the right to receive any | 23 |
| affected benefit shall revert to the
regular payee.
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| (2) All QILDROs relating to a member's participation in a | 25 |
| particular
retirement system shall expire and cease to be | 26 |
| effective upon the issuance
of a member's refund that | 27 |
| terminates the member's participation in that
retirement | 28 |
| 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 | 30 |
| QILDRO shall
not be automatically revived by any subsequent | 31 |
| 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 | 33 |
| party to a
proceeding for declaration of invalidity of | 34 |
| marriage, legal separation, or
dissolution of marriage in which | 35 |
| a QILDRO may be issued, or after receiving a
request from the | 36 |
| member, a retirement system shall provide in response
issue a |
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| statement
of a member's accumulated contributions, accrued | 2 |
| benefits, and other
interests in the plan administered by the | 3 |
| retirement system based on the data
on file with the system on | 4 |
| the date the subpoena is received . If so requested in the | 5 |
| subpoena, the retirement system shall also provide in response | 6 |
| other information available to a member, including information | 7 |
| that may be necessary to calculate a member's benefit , and of
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| any
relevant procedures, rules, or modifications to the model | 9 |
| QILDRO form
that have been adopted by the retirement system.
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| (1.5) If a QILDRO provides for the alternate payee to | 11 |
| receive a percentage of any retirement benefit (as opposed to | 12 |
| providing for the alternate payee to receive only dollar | 13 |
| amounts of retirement benefits), then the retirement system | 14 |
| shall provide the applicable information to the member and to | 15 |
| the alternate payee, or to one designated representative of | 16 |
| each (e.g., the member's attorney and the alternate payee's | 17 |
| attorney) as indicated below: | 18 |
| (A) If the member is a participant in the self-managed | 19 |
| plan authorized under Article 15 of this Code and the | 20 |
| QILDRO provides that the only benefit the alternate payee | 21 |
| is to receive is a percentage of a lump sum benefit as of a | 22 |
| specific date that has already past, then, within 30 days | 23 |
| after the retirement system receives the QILDRO, the | 24 |
| retirement system shall provide the lump sum amount to | 25 |
| which the QILDRO percentage is to be applied. | 26 |
| (B) For all situations except that situation described | 27 |
| in item (A), if the member has not commenced or elected to | 28 |
| commence benefits at the time the QILDRO is received by the | 29 |
| retirement system, then, within 30 days after the | 30 |
| retirement system receives the QILDRO, the retirement | 31 |
| system shall provide all of the following information: | 32 |
| (i) The date of the member's initial membership in | 33 |
| the retirement system, expressed as month, day, and | 34 |
| year, if available, or the most exact date that is | 35 |
| available to the retirement system. | 36 |
| (ii) The amount of creditable and actual service |
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| the member accumulated in the retirement system from | 2 |
| the time of initial membership through the most recent | 3 |
| date available prior to the retirement system | 4 |
| receiving the QILDRO (the dates used shall also be | 5 |
| provided). "Creditable service" shall include | 6 |
| purchased service upgrades normally included by the | 7 |
| retirement system to calculate a member's amount of | 8 |
| creditable service. Service amounts shall be expressed | 9 |
| using the most exact time increments available to the | 10 |
| retirement system (e.g., months or fractions of | 11 |
| years). | 12 |
| (iii) The gross amount of the member's non-reduced | 13 |
| monthly annuity benefit earned, calculated as of the | 14 |
| most recent date available prior to the retirement | 15 |
| system receiving the QILDRO, the date used, and the | 16 |
| earliest date the member may be eligible to commence | 17 |
| the benefit. This amount shall include any upgrades | 18 |
| purchased by the member, which shall be noted | 19 |
| separately. | 20 |
| (iv) The gross amount of the member's refund | 21 |
| available or partial refund amounts available, | 22 |
| including any interest payable on those amounts, | 23 |
| calculated as of the most recent date available prior | 24 |
| to the retirement system receiving the QILDRO (the date | 25 |
| used shall also be provided). | 26 |
| (v) The gross amount of the member's death benefits | 27 |
| available, including any interest payable on the | 28 |
| amounts, calculated as of the most recent date | 29 |
| available prior to the retirement system receiving the | 30 |
| QILDRO (the date used shall also be provided). | 31 |
| (C) For all situations except that situation described | 32 |
| in item (A), if the member has already commenced or has | 33 |
| already elected to commence benefits when the retirement | 34 |
| system receives the QILDRO, then, within 30 days after the | 35 |
| retirement system receives the QILDRO, or, if the member | 36 |
| has not commenced or elected to commence benefits at the |
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| time the retirement system receives the QILDRO, then at | 2 |
| least 60 days prior to the member's elected benefit | 3 |
| commencement date, the retirement system shall provide all | 4 |
| of the following information: | 5 |
| (i) The date the member commenced benefits or, if | 6 |
| not yet commenced, the date the member elected for | 7 |
| benefits to commence. | 8 |
| (ii) The amount of creditable and actual service | 9 |
| the member accumulated in the retirement system from | 10 |
| the time of initial membership through the time the | 11 |
| member commenced benefits (or, if not yet commenced, | 12 |
| through the time the member elected for benefits to | 13 |
| commence). "Creditable service" shall include unused | 14 |
| vacation, sick leave, and purchased upgrades normally | 15 |
| included by the retirement system to calculate a | 16 |
| member's amount of creditable service. Service amounts | 17 |
| shall be expressed using the most exact time increments | 18 |
| available to the retirement system (e.g., months or | 19 |
| fractions of years). | 20 |
| (iii) The gross amount of the member's non-reduced | 21 |
| monthly annuity benefit payable, calculated as of the | 22 |
| date that benefit commenced (or, if not yet commenced, | 23 |
| as of the time the member has elected for benefits to | 24 |
| commence) and the date used for calculations. This | 25 |
| amount shall include any upgrades purchased by the | 26 |
| member, which shall be noted separately. | 27 |
| (iv) The gross amount of the member's refund | 28 |
| payable or partial refund amounts payable, including | 29 |
| any payable interest, calculated as of the date that | 30 |
| benefit was paid (or, if not yet paid, as of the date | 31 |
| the member has elected for the refund to be paid). The | 32 |
| date used for calculations shall also be provided. | 33 |
| (v) The gross amount of the member's death benefits | 34 |
| payable, including any payable interest, calculated as | 35 |
| of the member's commencement date (if the member has | 36 |
| commenced) or as of the date the member has elected to |
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| commence benefits (if so elected). | 2 |
| (D) If, and only if, the alternate payee is entitled to | 3 |
| benefits under Section VII of the QILDRO, then, within 30 | 4 |
| days after the member's death, the retirement system shall | 5 |
| provide the gross amount of the member's death benefits | 6 |
| payable, including any payable interest, calculated as of | 7 |
| the member's date of death.
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| (2) In no event shall the retirement system be required to | 9 |
| furnish to any
person an actuarial opinion as to the present | 10 |
| value of the member's benefits or
other interests.
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| (3) The papers, entries, and records, or parts thereof, of | 12 |
| any retirement
system may be proved by a copy thereof, | 13 |
| certified under the signature of the
secretary of the system or | 14 |
| other duly appointed keeper of the records of the
system and | 15 |
| the corporate seal, if any.
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| (i) In a retirement system in which a member or beneficiary | 17 |
| is
required to apply to the system for payment of a benefit, | 18 |
| the required
application may be made by an alternate payee who | 19 |
| is entitled to all
of a refund or retirement benefit or part of | 20 |
| a death benefit that is payable
that benefit under a QILDRO, | 21 |
| provided that all other
qualifications and requirements have | 22 |
| been met. However, the alternate payee
may not make the | 23 |
| required application for death benefits while the member is | 24 |
| alive or for a member's refund or a retirement
benefit if the | 25 |
| member is in active service or below the minimum age for
| 26 |
| receiving an undiscounted retirement annuity in the retirement | 27 |
| system that has
received the QILDRO or in any other retirement | 28 |
| system in which the member has
creditable service and in which | 29 |
| the member's rights under the Retirement
Systems Reciprocal Act | 30 |
| would be affected as a result of the alternate payee's
| 31 |
| application for a member's refund or retirement benefit.
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| (j) (1) So long as there is in effect a QILDRO relating to | 33 |
| a member's
retirement benefit, the affected member may not | 34 |
| elect a form of payment that
has the effect of diminishing the | 35 |
| amount of the payment to which any alternate
payee is entitled, | 36 |
| unless the alternate payee has consented to the election in
a
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| writing that includes the alternate payee's notarized | 2 |
| signature, and this written and notarized consent has been | 3 |
| filed with the retirement system.
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| (2) If a member attempts to make an election prohibited | 5 |
| under subdivision
(j)(1), the retirement system shall reject | 6 |
| the election and advise the member
of the need to obtain the | 7 |
| alternate payee's consent.
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| (3) If a retirement system discovers that it has mistakenly | 9 |
| allowed an
election prohibited under subdivision (j)(1), it | 10 |
| shall thereupon disallow that
election and recalculate any | 11 |
| benefits affected thereby. If the system
determines that an | 12 |
| amount paid to a regular payee should have been paid to an
| 13 |
| alternate payee, the system shall, if possible, recoup the | 14 |
| amounts as provided
in subsection (k) of this Section.
| 15 |
| (k) In the event that a regular payee or an alternate payee | 16 |
| is overpaid, the
retirement system shall recoup the amounts by | 17 |
| deducting the overpayment from
future payments and making | 18 |
| payment to the other payee. The system may make
deductions for | 19 |
| recoupment over a period of time in the same manner as is
| 20 |
| provided by law or rule for the recoupment of other amounts | 21 |
| incorrectly
disbursed by the system in instances not involving | 22 |
| a QILDRO. The retirement
system shall incur no liability to | 23 |
| either the alternate payee or the regular
payee as a result of | 24 |
| any payment made in good faith, regardless of whether the
| 25 |
| system is able to accomplish recoupment.
| 26 |
| (l) (1) A retirement system that has, before the effective | 27 |
| date of this
Section, received and implemented a domestic | 28 |
| relations order that directs
payment of a benefit to a person | 29 |
| other than the regular payee may continue
to implement that | 30 |
| order, and shall not be liable to the regular payee for
any | 31 |
| amounts paid in good faith to that other person in accordance | 32 |
| with
the order.
| 33 |
| (2) A domestic relations order directing payment of a | 34 |
| benefit to a
person other than the regular payee that was | 35 |
| issued by a court but not
implemented by a retirement system | 36 |
| prior to the effective date of this
Section shall be void. |
|
|
|
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|
| 1 |
| However, a person who is the beneficiary or alternate
payee of | 2 |
| a domestic relations order that is rendered void under this | 3 |
| subsection
may petition the court that issued the order for an | 4 |
| amended order that complies
with this Section.
| 5 |
| (m) (1) In accordance with Article XIII, Section 5 of the | 6 |
| Illinois
Constitution, which prohibits the impairment or | 7 |
| diminishment of benefits
granted under this Code, a QILDRO | 8 |
| issued against a member of a retirement
system established | 9 |
| under an Article of this Code that exempts the payment of
| 10 |
| benefits or refunds from attachment, garnishment, judgment or | 11 |
| other legal
process shall not be effective without the written | 12 |
| consent of the member if the
member began participating in the | 13 |
| retirement system on or before the effective
date of this | 14 |
| Section. That consent must specify the retirement system, the
| 15 |
| court case number, and the names and social security numbers of | 16 |
| the member and
the alternate payee. The consent must accompany | 17 |
| the QILDRO when it is filed
with the retirement system, and | 18 |
| must be in substantially the following form:
| 19 |
| CONSENT TO ISSUANCE OF QILDRO
| 20 |
| Court Case Number: ....................
| 21 |
| Member's Social Security Number: ........................
| 22 |
| Alternate payee's Social Security Number: ...............
| 23 |
| I, (name), a member of the (retirement system), hereby | 24 |
| consent to the
issuance of a Qualified Illinois Domestic | 25 |
| Relations Order. I understand
that under the Order, certain | 26 |
| benefits that would otherwise be payable to me,
or to my | 27 |
| surviving spouse or estate, will instead be payable to (name of
| 28 |
| alternate payee). I also understand that my right to elect | 29 |
| certain forms of
payment of my retirement benefit or member's | 30 |
| refund may be limited as a result
of the Order.
| 31 |
| DATED:.......................
| 32 |
| SIGNED:......................
| 33 |
| (2) A member's consent to the issuance of a QILDRO shall be |
|
|
|
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| 1 |
| irrevocable,
and shall apply to any QILDRO that pertains to the | 2 |
| alternate payee and
retirement system named in the consent.
| 3 |
| (n) A QILDRO
An order issued under this Section shall be in | 4 |
| substantially the
following form (omitting any provisions that | 5 |
| are not applicable to benefits that are or may be ultimately | 6 |
| payable to the member ):
| 7 |
| QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDER
| 8 |
| ................................... | 9 |
| (Retirement System Name Here) | 10 |
| THIS CAUSE coming before the Court for the purpose of the | 11 |
| entry of a Qualified Illinois Domestic Relations Order under | 12 |
| the provisions of Section 1-119 of the Illinois Pension Code | 13 |
| (40 ILCS 5/1-119), the Court having jurisdiction over the | 14 |
| parties and the subject matter hereof; the Court finding that | 15 |
| one of the parties to this proceeding is a member of a | 16 |
| retirement system subject to Section 1-119 of the Illinois | 17 |
| Pension Code (40 ILCS 5/1-119), this Order is entered to | 18 |
| implement a division of that party's interest in the retirement | 19 |
| system; and the Court being fully advised;
| 20 |
| IT IS HEREBY ORDERED AS FOLLOWS: | 21 |
| I. The definitions and other provisions of Section 1-119 of | 22 |
| the Illinois Pension Code (40 ILCS 5/1-119) are adopted by | 23 |
| reference and made a part of this Order. | 24 |
| II. Identification of Retirement System and parties:
| 25 |
| Retirement System: ............................
| 26 |
| ............................
| 27 |
| ............................
| 28 |
| ............................
| 29 |
| Member:
............................
|
|
|
|
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LRB094 09004 AMC 39225 b |
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| 1 |
| ............................
| 2 |
| ............................
| 3 |
| SS#:........................
| 4 |
| Alternate payee: ............................
| 5 |
| ............................
| 6 |
| ............................
| 7 |
| SS#:........................
| 8 |
| The alternate payee is the member's former spouse.
| 9 |
| III. The Retirement System shall pay the indicated amounts | 10 |
| of the member's annuity retirement benefits to the alternate | 11 |
| payee 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 [circle one] benefit | 22 |
| commences. | 23 |
| (B) If the member's retirement benefit has already | 24 |
| commenced, the alternate payee's benefit shall commence | 25 |
| either [check/complete the ONE option that applies]: | 26 |
| (1) .... immediately upon this order being | 27 |
| approved by the Retirement System; or | 28 |
| (2) .... on the date of ........ [enter any set | 29 |
| date after this order has been approved by the | 30 |
| Retirement System]. | 31 |
| (C) If the member's retirement benefit has not yet | 32 |
| commenced, the alternate payee's benefit shall commence | 33 |
| either [check/complete the ONE option that applies]: |
|
|
|
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LRB094 09004 AMC 39225 b |
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| 1 |
| (1) .... as of the date the member's retirement | 2 |
| benefit commences; or | 3 |
| (2) .... on the date of .......... [enter set date, | 4 |
| but only if that date occurs after the member's | 5 |
| retirement benefit has commenced]. | 6 |
| (D) The alternate payee's benefit under this Section | 7 |
| III shall terminate [check/complete the ONE option that | 8 |
| applies]: | 9 |
| (1) .... upon the death of the member or the death | 10 |
| of the alternate payee, whichever is the first to | 11 |
| occur; or | 12 |
| (2) .... after ........ payments are made to the | 13 |
| alternate payee [enter any set number] or upon the | 14 |
| death of the member or the death of the alternate | 15 |
| payee, whichever shall be the first to occur. | 16 |
| IV. If the member's retirement benefits are subject to | 17 |
| annual cost-of-living increases, the alternate payee's share | 18 |
| of said benefits shall/shall not [circle one] be recalculated | 19 |
| annually to include a proportionate share of the applicable | 20 |
| cost-of-living increases. | 21 |
| V. The Retirement System shall pay to the alternate payee | 22 |
| the indicated amounts of any refund that becomes payable to the | 23 |
| member under the following terms and conditions: | 24 |
| (A) The Retirement System shall pay the alternate payee | 25 |
| pursuant to one of the following methods [complete the ONE | 26 |
| option that applies]: | 27 |
| (1) $..... [enter amount]; or | 28 |
| (2) .....% [enter percentage] of the marital | 29 |
| portion of said benefit, with the marital portion | 30 |
| defined using the formula in Section IX; or | 31 |
| (3) ......% [enter percentage] of the gross amount | 32 |
| of said benefit (including any applicable interest) | 33 |
| calculated when the member's refund is paid. | 34 |
| (B) The alternate payee's benefit under this Section V | 35 |
| shall be paid when the member's benefit is paid. | 36 |
| VI. The Retirement System shall pay to the alternate payee |
|
|
|
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LRB094 09004 AMC 39225 b |
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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 (including any applicable interest) | 12 |
| calculated when the member's refund is paid. | 13 |
| (B) The alternate payee's benefit under this Section VI | 14 |
| shall be paid when the member's benefit is paid. | 15 |
| VII. The Retirement System shall pay to the alternate payee | 16 |
| the indicated amounts of any death benefits that become payable | 17 |
| to the member's beneficiary under the following terms and | 18 |
| conditions: | 19 |
| (A) For the purposes of the member's death benefits, | 20 |
| and to the extent and only to the extent required by this | 21 |
| Section VII, the alternate payee shall be designated as and | 22 |
| considered to be a beneficiary of the member at the time of | 23 |
| the member's death and shall receive [complete ONE of the | 24 |
| following options]: | 25 |
| (1) $...... [enter amount]; or | 26 |
| (2) ......% [enter percentage] of the marital | 27 |
| portion of death benefits, with the marital portion | 28 |
| defined using the formula in Section IX; or | 29 |
| (3) ......% [enter percentage] of the gross amount | 30 |
| of death benefits calculated when said benefits become | 31 |
| payable. | 32 |
| (B) The alternate payee's benefit under this Section | 33 |
| VII shall be paid as soon as administratively possible | 34 |
| after the member's death. | 35 |
| VIII. If this Order indicates that the alternate payee is | 36 |
| to receive a percentage of any retirement system benefit, upon |
|
|
|
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LRB094 09004 AMC 39225 b |
|
| 1 |
| receipt of the information required to be provided by the | 2 |
| Retirement System under Section 1-119 of the Illinois Pension | 3 |
| Code (40 ILCS 5/1-119), the calculations required shall be | 4 |
| performed by the member, by the alternate payee, or by their | 5 |
| designated representatives and/or designated experts. The | 6 |
| results of the calculations shall be provided to the retirement | 7 |
| system via a QILDRO Calculation Order. | 8 |
| IX. Marital Portion Benefit Calculation Formula (Option to | 9 |
| calculate benefit in III(A)(2), V(A)(2), VI(A)(2) or VII(A)(2) | 10 |
| above). If in this Section "other" is circled in the definition | 11 |
| of A, B, or C, then a supplemental order must be entered | 12 |
| simultaneously with this QILDRO clarifying the intent of the | 13 |
| parties or the Court as to that item. | 14 |
| (1) The amount of the alternate payee's benefit shall | 15 |
| be the result of (A/B) x C x D where: | 16 |
| "A" equals the number of months of | 17 |
| creditable/actual/other [circle one] service that the | 18 |
| member accumulated in the retirement system from the | 19 |
| date of marriage ....................... [enter date | 20 |
| MM/DD/YYYY] to the date of divorce | 21 |
| .................... [enter date MM/DD/YYYY]. This | 22 |
| number of months of service shall be calculated as | 23 |
| whole months after receipt of information required | 24 |
| from the Retirement System pursuant to Section 1-119 of | 25 |
| the Illinois Pension Code (40 ILCS 5/1-119). | 26 |
| "B" equals the number of months of | 27 |
| creditable/actual/other [circle one] service that the | 28 |
| member accumulated in the retirement system from the | 29 |
| time of initial membership in the retirement system | 30 |
| through the benefit commencement date. The number of | 31 |
| months of service shall be calculated as whole months | 32 |
| after receipt of information required from the | 33 |
| Retirement System pursuant to Section 1-119 of the | 34 |
| Illinois Pension Code (40 ILCS 5/1-119). | 35 |
| "C" equals the gross amount of: | 36 |
| (i) the member's monthly annuity benefit |
|
|
|
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LRB094 09004 AMC 39225 b |
|
| 1 |
| (Section III(A)) calculated as of the member's | 2 |
| benefit commencement or elected benefit | 3 |
| commencement, including/not including/other | 4 |
| [circle one] purchased upgrades; | 5 |
| (ii) the member's refund amount including any | 6 |
| payable interest (Section V(A)) calculated as of | 7 |
| the time said refund becomes payable to the member; | 8 |
| (iii)
the member's partial refund amount, | 9 |
| including any payable interest (Section VI(A)) | 10 |
| calculated as of the time said partial refund | 11 |
| becomes payable to the member; or | 12 |
| (iv) the member's death benefit amounts | 13 |
| including any payable interest (Section VII(A)) | 14 |
| calculated as of the time said benefit becomes | 15 |
| payable to the member's beneficiary; | 16 |
| whichever is applicable pursuant to Section III, V, VI, | 17 |
| or VII of this Order. These gross amounts shall be | 18 |
| provided by the Retirement System pursuant to Section | 19 |
| 1-119 of the Illinois Pension Code (40 ILCS 5/1-119). | 20 |
| "D" equals the percentage noted in Section | 21 |
| III(A)(2), V(A)(2), VI(A)(2), or VII(A)(2), whichever | 22 |
| is applicable. | 23 |
| (2) The alternate payee's benefit under this Section IX | 24 |
| shall be paid in accordance with all Sections of this Order | 25 |
| that apply. | 26 |
| X. In accordance with subsection (j) of Section 1-119 of | 27 |
| the Illinois Pension Code (40 ILCS 5/1-119), so long as this | 28 |
| QILDRO is in effect, the member may not elect a form of payment | 29 |
| of the retirement benefit that has the effect of diminishing | 30 |
| the amount of the payment to which the alternate payee is | 31 |
| entitled, unless the alternate payee has consented to the | 32 |
| election in writing, the consent has been notarized, and the | 33 |
| consent has been filed with the retirement system. | 34 |
| XI. If the member began participating in the Retirement | 35 |
| System before July 1, 1999, this Order shall not take effect | 36 |
| unless accompanied by the written consent of the member as |
|
|
|
HB3627 |
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LRB094 09004 AMC 39225 b |
|
| 1 |
| required under subsection (m) of Section 1-119 of the Illinois | 2 |
| Pension Code (40 ILCS 5/1-119). | 3 |
| XII. The Court retains jurisdiction over this matter for | 4 |
| all of the following purposes: | 5 |
| (1) To establish or maintain this Order as a Qualified | 6 |
| Illinois Domestic Relations Order. | 7 |
| (2) To modify this Order to conform to the parties' | 8 |
| Marital Settlement Agreement or Agreement for Legal | 9 |
| Separation ("Agreement"), to the parties' Judgment for | 10 |
| Dissolution of Marriage or Judgment for Legal Separation | 11 |
| ("Judgment"), to any modifications of the parties' | 12 |
| Agreement or Judgment, and to any supplemental orders | 13 |
| entered to clarify the parties' Agreement or Judgment. | 14 |
| (3) To supervise the payment of benefits herein. | 15 |
| (4) If the member or the retirement system fails to | 16 |
| comply with the provisions contained in this Order, to use | 17 |
| its full powers to equitably compensate the alternate payee | 18 |
| for such failure. | 19 |
| (5) To enter such further orders as may become | 20 |
| necessary to enforce the assignment of benefits to the | 21 |
| alternate payee as set forth herein. | 22 |
| DATED: ...................... | 23 |
| SIGNED: ..................... | 24 |
| (n-5) A QILDRO Calculation Order issued under this Section | 25 |
| shall be in substantially the following form:
| 26 |
| QILDRO CALCULATION ORDER | 27 |
| ................................... | 28 |
| [Enter Retirement System name here] | 29 |
| THIS CAUSE coming before the Court for the purpose of the | 30 |
| entry of a QILDRO Calculation Order under the provisions of |
|
|
|
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LRB094 09004 AMC 39225 b |
|
| 1 |
| Section 1-119 of the Illinois Pension Code (40 ILCS 5/1-119), | 2 |
| the Court having jurisdiction over the parties and the subject | 3 |
| matter hereof; the Court finding that a QILDRO has previously | 4 |
| been entered in this matter, that the QILDRO has been approved | 5 |
| by the retirement system, and that the QILDRO requires | 6 |
| percentage calculations to allocate the alternate payee's | 7 |
| benefit, the Court not having found that the QILDRO has become | 8 |
| void or invalid, and the Court being fully advised; | 9 |
| IT IS HEREBY ORDERED AS FOLLOWS: | 10 |
| (1) The definitions and other provisions of Section 1-119 | 11 |
| of the Illinois Pension Code [40 ILCS 5/1-119] are adopted by | 12 |
| reference and made a part of this Order. | 13 |
| (2) Identification of Retirement System and parties:
| 14 |
| Retirement System: ............................
| 15 |
| ............................
| 16 |
| ............................
| 17 |
| ............................
| 18 |
| Member: ............................
| 19 |
| ............................
| 20 |
| ............................
| 21 |
| SS#:........................
| 22 |
| Alternate payee: ............................
| 23 |
| ............................
| 24 |
| ............................
| 25 |
| SS#:........................
| 26 |
| The Alternate payee is the member's former spouse. | 27 |
| (3) Each of the following Sections (3(a) through 3(d)) | 28 |
| shall apply if and only if the QILDRO allocated benefits to the | 29 |
| alternate payee in the specific Section noted. The retirement | 30 |
| system shall pay the monthly amounts as directed below, but |
|
|
|
HB3627 |
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LRB094 09004 AMC 39225 b |
|
| 1 |
| only if and when the benefits are payable pursuant to the | 2 |
| QILDRO and Section 1-119 of the Illinois Pension Code (40 ILCS | 3 |
| 5/1-119). Parties shall see QILDRO Section IX for the | 4 |
| definitions of A, B, C and D as used below. | 5 |
| (a) The alternate payee's benefit pursuant to QILDRO | 6 |
| Section III(A)(2) shall be calculated pursuant to Section | 7 |
| IX of the QILDRO and paid as follows: | 8 |
| (......./.......) X ....... X .............. = ............ | 9 |
| [Enter A] [Enter B] [Enter C] [Enter D] [Monthly Amount] | 10 |
| (b) The alternate payee's benefit pursuant to QILDRO | 11 |
| Section V(A)(2) shall be calculated pursuant to Section IX | 12 |
| of the QILDRO and paid as follows: | 13 |
| (......./.......) X ....... X .............. = ............ | 14 |
| [Enter A] [Enter B] [enter C] [Enter D] [Amount] | 15 |
| (c) The alternate payee's benefit pursuant to QILDRO | 16 |
| Section VI(A)(2) shall be calculated pursuant to Section IX | 17 |
| of the QILDRO and paid as follows: | 18 |
| (......./.......) X ....... X ............. = ............ | 19 |
| [Enter A] [Enter B] [Enter C] [Enter D] [Amount] | 20 |
| (d) The alternate payee's benefit pursuant to QILDRO | 21 |
| Section VII(A)(2) shall be calculated pursuant to Section | 22 |
| IX of the QILDRO and paid as follows: | 23 |
| (......./.......) X ....... X .............. = ............ | 24 |
| [Enter A] [Enter B] [Enter C] [Enter D] [Amount] | 25 |
| (4) The following shall apply only if the QILDRO allocated | 26 |
| benefits to the alternate payee in the specific Section noted. | 27 |
| The retirement system shall pay the monthly amounts as directed | 28 |
| below, but only if and when the benefits are payable pursuant |
|
|
|
HB3627 |
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LRB094 09004 AMC 39225 b |
|
| 1 |
| to the QILDRO and Section 1-119 of the Illinois Pension Code | 2 |
| (40 ILCS 5/1-119). | 3 |
| (A) The alternate payee's benefit pursuant to QILDRO | 4 |
| Section III(A)(3) shall be calculated and paid as follows: | 5 |
| .................... X ............... = ................. | 6 |
| [Gross benefit amount] [Percentage] [Monthly Amount] | 7 |
| (B) The alternate payee's benefit pursuant to QILDRO | 8 |
| Section V(A)(3) shall be calculated and paid as follows: | 9 |
| ..................... X ............... = ................. | 10 |
| [Gross benefit amount] [Percentage] [Amount] | 11 |
| (C) The alternate payee's benefit pursuant to QILDRO | 12 |
| Section VI(A)(3) shall be calculated and paid as follows: | 13 |
| ..................... X ............... = ................. | 14 |
| [Gross benefit amount] [Percentage] [Amount] | 15 |
| (D) The alternate payee's benefit pursuant to QILDRO | 16 |
| Section VII(A)(3) shall be calculated and paid as follows: | 17 |
| ..................... X ............... = ................. | 18 |
| [Gross benefit amount] [Percentage] [Amount] | 19 |
| (5) The Court retains jurisdiction over this matter for the | 20 |
| following purposes: | 21 |
| (A) to establish or maintain this Order as a QILDRO | 22 |
| Calculation Order; | 23 |
| (B) to modify this Order to conform to the parties' | 24 |
| QILDRO, Marital Settlement Agreement or Agreement for | 25 |
| Legal Separation ("Agreement"), to the parties' Judgment | 26 |
| for Dissolution of Marriage or Judgment for Legal | 27 |
| Separation ("Judgment"), to any modifications of the | 28 |
| parties' QILDRO, Agreement, or Judgment, and to any |
|
|
|
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LRB094 09004 AMC 39225 b |
|
| 1 |
| supplemental orders entered to clarify the parties' | 2 |
| QILDRO, Agreement, or Judgment; | 3 |
| (C) to supervise the payment of benefits herein; | 4 |
| (D) if the member or the retirement system fails to | 5 |
| comply with the provisions contained in this Order, to use | 6 |
| its full powers to equitably compensate the alternate payee | 7 |
| for such failure; and | 8 |
| (E) to enter such further Orders as may become | 9 |
| necessary to enforce the assignment of benefits to the | 10 |
| alternate payee as set forth herein.
| 11 |
| DATED: ...................... | 12 |
| SIGNED: ..................... | 13 |
| QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDER
| 14 |
| THIS CAUSE coming before the Court for the purpose of the | 15 |
| entry of a
Qualified Illinois Domestic Relations Order under | 16 |
| the provisions of Section
1-119 of the Illinois Pension Code, | 17 |
| the Court having jurisdiction
over the parties and the subject | 18 |
| matter hereof; the Court finding that one of
the parties to | 19 |
| this proceeding is a member of a retirement system subject to
| 20 |
| Section 1-119 of the Illinois Pension Code, this Order is | 21 |
| entered to implement
a division of that party's interest in the | 22 |
| retirement system; and
the Court being fully advised;
| 23 |
| IT IS HEREBY ORDERED AS FOLLOWS:
| 24 |
| (1) The definitions and other provisions of Section 1-119 | 25 |
| of the
Illinois Pension Code are adopted by reference and made | 26 |
| a part of this
Order.
| 27 |
| (2) Identification of Retirement System and parties:
| 28 |
| Retirement System: (name and address)
| 29 |
| Member: (name, residence address and social security | 30 |
| number)
| 31 |
| Alternate payee: (name, residence address and social | 32 |
| security number)
|
|
|
|
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LRB094 09004 AMC 39225 b |
|
| 1 |
| (3) The Retirement System shall pay the indicated amounts | 2 |
| of the
following specified benefits to the alternate payee | 3 |
| under the following
terms and conditions:
| 4 |
| (i) Of the member's retirement benefit, the Retirement | 5 |
| System shall
pay to the alternate payee $...... per month, | 6 |
| beginning (if the benefit is
already being paid, either | 7 |
| immediately or on a specified later date;
otherwise, on the | 8 |
| date the retirement benefit commences), and ending upon
the | 9 |
| termination of the retirement benefit or the death of the | 10 |
| alternate
payee, whichever occurs first.
| 11 |
| (ii) Of any member's refund that becomes payable, the | 12 |
| Retirement
System shall pay to the alternate payee $...... | 13 |
| when the member's refund
becomes payable.
| 14 |
| (4) In accordance with subsection (j) of Section 1-119 of | 15 |
| the Illinois
Pension Code, so long as this QILDRO is in effect, | 16 |
| the member may not elect a
form of payment of the retirement | 17 |
| benefit that has the effect of diminishing
the amount of the | 18 |
| payment to which the alternate payee is entitled, unless the
| 19 |
| alternate payee has consented to the election in writing and | 20 |
| this consent has
been filed with the retirement system.
| 21 |
| (5) If the member began participating in the Retirement | 22 |
| System before
the effective date of this Section, this Order | 23 |
| shall not take effect unless
accompanied by the written consent | 24 |
| of the member as required under subsection
(m) of Section 1-119 | 25 |
| of the Illinois Pension Code.
| 26 |
| (6) The Court retains jurisdiction to modify this Order.
| 27 |
| DATED:.......................
| 28 |
| SIGNED:......................
| 29 |
| (o) (1) A court in Illinois that has issued a QILDRO shall | 30 |
| retain
jurisdiction of all issues relating to the modification | 31 |
| of the QILDRO as indicated in Section XII of the QILDRO and in | 32 |
| accordance with Illinois law. A court in Illinois that has | 33 |
| issued a QILDRO Calculation Order shall retain jurisdiction of |
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HB3627 |
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LRB094 09004 AMC 39225 b |
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| 1 |
| all issues relating to the modification of the QILDRO | 2 |
| Calculation Order as indicated in Section 5 of the QILDRO | 3 |
| Calculation Order and in accordance with Illinois law . The
| 4 |
| Administrative Review Law and the rules adopted pursuant | 5 |
| thereto shall govern
and apply to all proceedings for judicial | 6 |
| review of final administrative
decisions of the board of | 7 |
| trustees of the retirement system arising under this
Section.
| 8 |
| (2) The term "administrative decision" is defined as in | 9 |
| Section 3-101
of the Code of Civil Procedure. The venue for | 10 |
| review under the Administrative
Review Law shall be the same as | 11 |
| is provided by law for judicial review of other
administrative | 12 |
| decisions of the retirement system.
| 13 |
| (p) (1) Each retirement system may adopt any procedures or | 14 |
| rules that it
deems necessary or useful for the implementation | 15 |
| of this Section.
| 16 |
| (2) Each retirement system may by rule modify the model | 17 |
| QILDRO form provided
in subsection (n) , except that no | 18 |
| retirement system may change that form in a way that limits the | 19 |
| choices provided to the alternate payee in subsections (n) or | 20 |
| (n-5) as to form of payment, calculation method, or calculation | 21 |
| formula. Each retirement system may by rule
or require that | 22 |
| additional information be included in
QILDROs presented to the | 23 |
| system, as may be necessary to meet the needs of
the retirement | 24 |
| system.
| 25 |
| (3) Each retirement system shall define its uncompleted | 26 |
| model QILDRO form and uncompleted model QILDRO Calculation | 27 |
| Order as an original of the forms or a paper copy of the forms. | 28 |
| Each retirement system shall, whenever possible, make the forms | 29 |
| available on the internet in non-modifiable computer format | 30 |
| (for example, Adobe Portable Document Format files) for | 31 |
| printing purposes. After the form is completed and entered by | 32 |
| the court, a retirement system may require an original court | 33 |
| certified copy of the QILDRO in its completed state. | 34 |
| (Source: P.A. 93-347, eff. 7-24-03 .)
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