Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.605 - Requirements for a Valid Qualified Illinois Domestic Relations Order

Current through Register Vol. 48, No. 28, July 12, 2024
SURS will accept a court order as a valid QILDRO or QILDRO
				  Calculation Court Order if it meets all of the following requirements:
a) The following requirements apply to the
				QILDRO and the QILDRO Calculation Court Order:
1) The order must be accompanied by a $50
				non-refundable processing fee, by check or money order payable to the State
				Universities Retirement System.
2)
				The order must be a certified copy of the original.
3) The order must have been issued by an
				Illinois court of competent jurisdiction in a proceeding for declaration of
				invalidity of marriage, legal separation or dissolution of marriage that
				provides for the distribution of property, or any proceeding to amend or
				enforce the property distribution. A judgment, order or notice of income
				withholding for support under a support enforcement mechanism under Title IV-D
				of the Social Security Act (
				42
				USC 666 ) or any other state law that
				purports to divide or garnish the member's retirement benefit under any
				proceeding for the declaration of invalidity of marriage, legal separation or
				dissolution of marriage will not be honored by SURS unless the judgment, order
				or notice is accompanied by a QILDRO (and if applicable, a QILDRO Calculation
				Court Order) issued by an Illinois court.
4) The order must contain the name, residence
				address and Social Security number of the member.
5) The order must contain the name, residence
				address and Social Security number of the alternate payee.
6) The order must identify the State
				Universities Retirement System as the retirement system to which it is
				directed.
7) The order must
				identify the court that issued it.
8) The order must apply only to benefits that
				are statutorily subject to QILDROs, as provided in Code Section
				1-119(b)(1).
9) The orders and, if
				applicable, the Consent to Issuance of QILDRO, must be in the form adopted by
				SURS as of the date the order is received. Any alterations will invalidate the
				order.
10) Except as otherwise
				provided in this subsection (a)(10), the effective date of the order must be
				after July 1, 1999 and before the date of death of the member. If the effective
				date of the order is on or after the member's date of death, SURS will deem the
				effective date of the posthumous order as if it had been entered on the day
				immediately prior to the member's date of death if the order is dated no later
				than 6 months after the date of death and:
A)
				any applicable consent requirements under subsection (b)(1) were met prior to
				the member's date of death; or
B)
				the order is accompanied by a certified copy of a decree of dissolution of
				marriage that is dated before the date of death of the member and incorporates
				the terms of a written marital settlement agreement that was signed by both
				parties before the date of death of the member and provides direction for the
				division of the member's SURS benefits under a QILDRO.