reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart B - CONTRIBUTIONS AND SERVICE CREDIT › Section 1600.270 - Employer Contributions for Benefit Increases Resulting from Earnings Increases Exceeding 6%

Current through Register Vol. 48, No. 28, July 12, 2024
Purpose. This Section implements Section 15-155(g), (h), (i),
				  (j) and (k) of the Code. This Section shall not apply to benefits from other
				  retirement systems or pension funds payable under the Retirement Systems
				  Reciprocal Act (Article 20 of the Code).
a) Calculation of the Employer Cost. This
				calculation is made when a monthly benefit is calculated from the participant's
				final rate of earnings (FRE). The "present value of the increase in benefits"
				described in Section 15-155(g), called the "Employer Cost", will be calculated
				as follows:
1) The earnings, as defined in
				Section 15-111 of the Code, for every academic year in the FRE period, as
				defined in Section 15-112 of the Code, are adjusted on a full-time equivalent
				basis.
A) 48 Month FREs and Partial Academic
				Years. When the final rate of earnings for a participant is the average annual
				earnings during the 48 consecutive calendar month period ending with the last
				day of final termination of employment, any partial academic year at the
				beginning of the final rate of earnings period will be disregarded.
B) Full-Time Equivalent (FTE) Basis
i) SURS will adjust earnings from an employer
				in a manner consistent with the percent time employed reported by the
				employer.
ii) The FTE earnings of
				an academic year shall equal the total earnings in the academic year divided by
				the average percent time of employment.
C) Earnings credited during periods of
				service purchased under Sections 15-113.1 through 15-113.7 of the Code shall be
				determined on a FTE basis.
D) For
				the purpose of Section 15-155(g), earnings do not include payments made under a
				collective bargaining agreement for unused sick leave or payments made for
				unused vacation.
E) For purposes of
				Section 15-155(g), earnings shall include earnings, to the extent not
				established by a participant under Section 15-113.11 or 15-113.12, that would
				have been paid to the participant had the participant not taken periods of
				voluntary or involuntary furlough occurring on or after July 1, 2015 and on or
				before June 30, 2017, or periods of voluntary pay reduction in lieu of furlough
				occurring on or after July 1, 2015 and on or before June 30, 2017. These
				earnings shall be reported by the employer in the format specified by the
				System for this purpose.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart B - CONTRIBUTIONS AND SERVICE CREDIT › Section 1600.275 - Employer Contributions for Employing Affected Annuitants

Current through Register Vol. 48, No. 28, July 12, 2024
a) Purpose and
				Applicability
1) This Section implements
				Section 15-139.5 of the Code concerning employer reporting and contribution
				requirements for employing or reemploying annuitants and affected annuitants,
				effective for academic years beginning on or after August 1, 2013.
2) Effective November 19, 2013, this Section
shall not apply to an annuitant if the employer of that annuitant
				provides documentation to SURS that:
A)
the annuitant is employed in a
				status appointment position, as that term is defined in 80 Ill. Adm. Code
				250.80;
				and
B)
due to
				obligations contained under the State Universities Civil Service Act
[110 ILCS 70]
, the employer does not have the ability to limit the
				earnings or duration of employment for the annuitant while employed in the
				status appointment position.
[40
				ILCS 5/15-139.5(j)]
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart C - SURVIVORS AND BENEFICIARIES › Section 1600.300 - Effective Beneficiary Designations

Current through Register Vol. 48, No. 28, July 12, 2024
Purpose. Under Section 15-120 of the Code, "beneficiary" is
				  defined as a person or persons designated by the participant or annuitant in
				  the last written designation on file with the Board or, if no person so
				  designated survives or if no designation is on file, the estate of the
				  participant or annuitant.
a)
				Definitions
1) "Last written designation",
				for the purposes of Section 15-120 of the Code and this Section, shall mean the
				last valid beneficiary designation on file with SURS up to and including the
				date of death of the participant or annuitant.
2) "On file", for the purposes of Section
				15-120 of the Code and this Section, shall mean a beneficiary designation that
				has been received and date stamped by SURS.
3) "Member", for the purposes of this
				Section, shall mean a participant or annuitant.
4) "Agent", for the purposes of this Section,
				shall mean a participant's or annuitant's agent expressly authorized to change
				beneficiaries pursuant to an effective power of attorney or
				guardianship.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart C - SURVIVORS AND BENEFICIARIES › Section 1600.305 - Full-Time Student Survivors Insurance Beneficiaries

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of
				40
				ILCS 5/15-145(c), a full-time student
				shall be one who is enrolled in a course of study in an accredited educational
				institution (other than a program of study by correspondence), and who is
				carrying a full-time workload as determined by the educational institution
				during the regular school year for the course of study the student is pursuing.
				A student who is concurrently enrolled at more than one accredited educational
				institution during the same timeframe shall be deemed to be carrying a
				"full-time workload" if the combined course load equals a full-time workload as
				defined by either of the accredited educational institutions
				attended.
b) Accredited educational
				institutions include schools, colleges, universities and post-secondary
				vocational institutions whose courses of study are approved by appropriate
				state or federal educational accreditation authorities.
c) A regular school year is the 8 to 9 months
				that includes two semester terms or three quarter terms (or their equivalent),
				excluding the summer term. Terms that begin after April 15 and end before
				September 16 are considered summer terms.
d) Survivors benefits shall be payable during
				the period between regular school years, such as winter breaks or summer terms,
				if the benefit recipient carried a full-time workload in the preceding semester
				and is enrolled for a full-time workload in the following semester.
e) To verify that an eligible child is a
				full-time student, SURS must receive a certification signed by an official of
				the educational institution confirming that the student is a full-time student
				as provided in subsection (a).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart C - SURVIVORS AND BENEFICIARIES › Section 1600.310 - Dependency of Beneficiaries

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Section 15-141 of the Code grants an additional death benefit to a beneficiary
				who was dependent upon the participant at the time of death. For the purpose of
				this Section, a dependent is defined as one who bears toward the participant
				any one of the following relationships: spouse; son, daughter, or any other
				child toward whom the participant stands in loco parentis and who is under 18
				years of age; or any person who, at the time of the participant's death, was
				receiving at least one-half support from the participant.
b) If a participant has designated two or
				more beneficiaries and, at the time of the participant's death, any of the
				beneficiaries are dependent as defined in subsection (a), the additional death
				benefit is payable, but only to the dependent beneficiaries.
c) If a death benefit is payable to the
				estate or a trust of a participant, and one or more of the beneficiaries of the
				estate or trust are dependent as defined in subsection (a), it will be assumed
				that the estate or trust is a dependent for the purpose of determining the
				amount of the benefit payable.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart D - BENEFIT CALCULATION AND PAYMENT › Section 1600.400 - Determination of Final Rate of Earnings Period

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section establishes a mechanism for
				determining the period of employment that is used to calculate a participant's
				final rate of earnings. This Section is not intended to provide guidance on any
				other aspect of determining the amount of the final rate of earnings.
b) Final Rate of Earnings for Tier 1 Members
1) For all Tier 1 Members participating in
				the Traditional or Portable Benefit Packages, SURS will calculate the average
				annual earnings during the 4 consecutive academic years of service in which the
				participant's earnings were the highest. The academic year for a participant
				begins on the first day of the fall term of his or her employer and ends on the
				day before the first day of the next fall term. For example, if the first day
				of the employer's fall term is August 15, then the academic year begins on
				August 15 and ends: on the following August 14 if the next fall term begins
				August 15; August 12 if the next fall term begins August 13; or the following
				August 17 if the next fall term begins August 18. If the employer does not have
				an academic program divided into terms, the academic year begins on September 1
				and ends on the following August 31. For all such Tier 1 Members, except those
				identified in subsection (b)(2), the final rate of earnings will be that amount
				calculated under this subsection (b)(1).
2) For a Tier 1 Member who is paid on an
				hourly basis or who receives an annual salary in installments during 12 months
				of each academic year, SURS will also calculate average annual earnings during
				the 48 consecutive calendar month period ending with the last day of final
				termination of employment. The final rate of earnings for a participant
				identified under this subsection (b)(2) will be the larger of the calculation
				under this subsection (b)(2) or the calculation under subsection
				(b)(1).
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart D - BENEFIT CALCULATION AND PAYMENT › Section 1600.410 - Twenty Percent Limitation on Final Rate of Earnings Increases

Current through Register Vol. 48, No. 28, July 12, 2024
a) Introduction.
				Public Act 90-65 added to Section 15-112 of the Code a limitation on increases
				in earnings for the period of time covered under the calculation of final rate
				of earnings. This Section is promulgated to provide guidance and interpretation
				to the staff of SURS in implementing Section 15-112. The 20% limitation on
				increases in earnings shall consider basic compensation only to the extent
				actually paid in exchange for services rendered.
b) All annual increases in earnings, as
				defined at Section 15-111 of the Code, by a participant during the period used
				in determining the final rate of earnings of 20% or less shall be deemed to be
				includable in the calculation of the final rate of earnings. No further inquiry
				shall be necessary by the staff of SURS.
c) Except as otherwise provided in subsection
				(d), in the event that there is an annual increase in earnings by a participant
				during the period used in determining the final rate of earnings of greater
				than 20%, any increase in excess of 20% shall be disregarded in calculating the
				final rate of earnings.
d)
				Regardless of subsection (c), the following shall not be subject to the 20%
				increase limitation:
1) a change in the
				percentage of time worked by the participant (except that time worked in excess
				of 100% per employer shall be subject to the limitation);
2) a change from a nine-month position to a
				12-month position;
3) overloads or
				extensions, so long as the overload for which payment is received took place
				during the period used for calculating the final rate of earnings;
				and
4) supplemental contracts, so
				long as verifiable additional work is performed pursuant to the supplemental
				contract, such as the teaching of a course additional to the customary load, or
				performance of duties additional to, and not in replacement of, the
				participant's regular duties.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart D - BENEFIT CALCULATION AND PAYMENT › Section 1600.420 - Making Preliminary Estimated Payments

Current through Register Vol. 48, No. 28, July 12, 2024
a) SURS shall make a Preliminary Estimated
				Payment (PEP) to members who qualify for a retirement annuity and file an
				application for that annuity. The purpose of a PEP is to provide members with
				some of their retirement income while their retirement claim is still being
				processed.
b) The amount of the PEP
				shall be based on the highest applicable Rule described in Section 15-136 of
				the Code.
c) The PEP calculation
				will not consider unverified current year earnings, nor unverified current year
				vacation payments, nor unverified additional credit for unused and unpaid sick
				leave, nor unverified Reciprocal credits, nor Early Retirement Option payments,
				nor additional service credit purchased after the application for retirement
				annuity has been received by SURS. Applicable taxes and insurance premiums will
				be deducted from the PEP.
d) Date
				of Payment
1) If the application for
				retirement annuity is received at least 90 days before the member's effective
				retirement date, the PEP will be paid on the first working day of the month
				following the effective date of the annuity. It will be paid each month until
				the retirement claim is finalized.
2) If the application for retirement annuity,
				or the decision of the member under subsection (d)(3), is received less than 90
				days before the member's effective retirement date, the PEP will be paid as
				soon as practicable. It will be paid each month until the retirement claim is
				finalized.
3) If the member is
				entitled to the election under Section 15-135.1 of the Code, the member must
				first make or decline that election before a PEP can be calculated.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart D - BENEFIT CALCULATION AND PAYMENT › Section 1600.430 - Excess Benefit Arrangement

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Excess Benefit Arrangement of the State Universities Retirement System of
				Illinois (Arrangement) is adopted effective January 1, 1995. The Arrangement is
				established and maintained by SURS solely for the purpose of providing benefits
				for certain of its participants who participate in SURS and whose benefits are
				limited by section 415 of the Internal Revenue Code (IRC) (26 U.S.C.
				415).
b) The Arrangement is adopted pursuant to the
				authority granted to SURS by Section 1-116 of the Code.
c) This Arrangement is a portion of a
				governmental plan (as that term is defined in IRC section 414(d) and section
				3(32) of the Employee Retirement Income Security Act of 1974, as amended
				(29 U.S.C.
				1002)) and is administered as a qualified
				governmental excess benefit arrangement pursuant to the provisions of IRC
				section 415(m).
d) Accordingly,
				SURS adopts the Arrangement pursuant to the terms and provisions set forth in
				this subsection (d):
1) Definitions. Wherever
				used in this Section, the following terms shall have the meanings set forth in
				this subsection (d)(1):
A) "Retirement Date"
				means the beginning date of the annuity payment period set forth in Section
				15-135 of the Code.
B)
				"Arrangement" means the Excess Benefit Arrangement of the State Universities
				Retirement System of Illinois.
C)
				"Qualified Plan" means the SURS plan at Sections 15-103.1 and 15-103.2 of the
				Code.
D) "Qualified Plan Retirement
				Benefit" means the aggregate benefit payable to a participant pursuant to the
				Qualified Plan.
E) "Qualified Plan
				Surviving Spouse Benefit" means the aggregate benefit payable to the Surviving
				Spouse of a participant pursuant to the Qualified Plan.
F) "Supplemental Retirement Benefit" means
				the benefit payable to a participant pursuant to the Arrangement by reason of
				his or her termination of employment with any employer for any reason other
				than death.
G) "Surviving Spouse"
				means a person as defined at Section 15-127 of the Code.
H) "Supplemental Surviving Spouse Benefit"
				means the benefit payable to a Surviving Spouse pursuant to the
				Arrangement.
I) "Limitation Year"
				means that period for which all calculations and determinations of benefits and
				contribution limits will be made under IRC section 415 and the Arrangement. The
				Limitation Year shall be the calendar year.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart D - BENEFIT CALCULATION AND PAYMENT › Section 1600.431 - Indirect Payments to Minors and Legally Disabled Persons

Current through Register Vol. 48, No. 28, July 12, 2024
Purpose. Sections 15-145(c), 15-190 and 15-191 of the Code
				  allow SURS to make indirect payments to minors and persons under legal
				  disability. This Section provides clarification of terms used in the statutory
				  provisions and sets forth the procedure for handling these indirect
				  payments.
a) Person Under Legal
				Disability. For purposes of Section 15-190 of the Illinois Pension Code:
1) A "person under legal disability" means a
				person age 18 or over who meets the definition of a "disabled person" under
				Section 11a-2 of the Illinois Probate Act of 1975 [755 ILCS
				5/11a-2 ]. Any person acting or applying for benefits
				on behalf of the person under legal disability must provide SURS with a
				certified copy of a valid court order finding legal disability or an evaluation
				certifying legal disability signed by a licensed physician.
2) "Guardian" means a person who has been
				appointed the guardian over the property of the person under legal disability,
				or the guardian's successor. Any person acting in the capacity of guardian must
				provide SURS with a certified copy of the letters of appointment.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart D - BENEFIT CALCULATION AND PAYMENT › Section 1600.432 - Indirect Payments to Child Survivors Through the Surviving Spouse

Current through Register Vol. 48, No. 28, July 12, 2024
Purpose. Section 15-145(c) of the Code authorizes SURS to pay
				  the survivors insurance benefits of a child survivor to the surviving spouse if
				  the child is "in care of" the surviving spouse. This Section defines the phrase
				  "in care of". All references to "child" or "surviving child" in this Section
				  assume that the child has fulfilled the applicable requirements under Section
				  15-145(c) of the Code and this Part to become eligible for survivor insurance
				  benefits.
a) Surviving Child under Age
				18
1) A surviving child under age 18 is "in
				care of" the surviving spouse if the child has been living with the surviving
				spouse for at least 30 days.
2)
				Except as provided in subsection (a)(3), a surviving child under age 18 who is
				living apart from the surviving spouse is "in care of" the surviving spouse if:
A) The child lived apart from the surviving
				spouse for not more than 4 months, or the current absence is not expected to
				last over 4 months;
B) The child is
				living apart from the surviving spouse because the child is attending school or
				because of the spouse's employment, but the surviving spouse makes
				contributions to the child's support that enable the spouse to claim the child
				as a dependent for federal income tax purposes or that provide at least 50% of
				the child's support; or
C) The
				child is living apart because of the child's physical or mental disability or
				because of a physical disability of the surviving spouse.
3) Notwithstanding subsection (a)(2), a
				surviving child who is living apart from the surviving spouse is not "in care
				of" a surviving spouse if:
A) The child is
				living with his or her other parent;
B) The child is removed from the surviving
				spouse's custody and control by court order;
C) The surviving spouse has given the right
				to have custody and control of the child to someone else; or
D) The surviving spouse has been adjudicated
				by a court to be under a legal disability.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart D - BENEFIT CALCULATION AND PAYMENT › Section 1600.460 - Accelerated Pension Benefit Payment In Lieu of Any Pension Benefit

Current through Register Vol. 48, No. 28, July 12, 2024
a) Purpose. This
				Section implements Section 15-185.5 of the Code providing for an accelerated
				pension benefit payment in lieu of any pension benefit, to be referred to in
				this Section as the "Vested Inactive Buyout" or "VIB".
b) Definitions. For purposes of Section
				15-185.5(a), the following terms shall have the meanings specified in this
				subsection (b).
1) Eligible Person. An
				eligible "person" shall mean a person who satisfies the following conditions.
A) The
person has terminated
all
service,
meaning the person has terminated employee status
				under Section 15-107 of the code as of the date SURS receives the VIB
				application and has continuously remained in non-employee status as of the date
				SURS receives the election to accept the VIB offer.
B) The
person has accrued sufficient
				service credit to be eligible to receive a retirement annuity under Article
				15,
meaning the person must meet the applicable retirement eligibility
				requirements under Section 15-135 of the Code solely with respect to service
				credit as of the date SURS receives the VIB application. For this purpose,
				service credit shall include only service credited under Article 15. No service
				credited at a reciprocal retirement system or pension fund shall count under
				this subsection (b)(1)(B).
C) The
person has not received any retirement annuity under Article
				15
, meaning the person must not have received any retirement annuity
				or Preliminary Estimated Payments as of the date SURS receives the VIB
				application.
D) The
person
				has not made the election under Section 15-185.6
.
E) The
person is not a participant in
				the Self-Managed Plan under Section 15-158.2
.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart D - BENEFIT CALCULATION AND PAYMENT › Section 1600.461 - Accelerated Pension Benefit Payment for a Reduction and Delay in AAI

Current through Register Vol. 48, No. 28, July 12, 2024
a) Purpose. This
				Section implements Section 15-185.6 of the Code providing for an accelerated
				pension benefit payment for a reduction and delay in an automatic annual
				increase (AAI) to a retirement annuity and an annuity benefit payable as a
				result of death, to be referred to in this Section as the "AAI
				Buyout".
b) Definitions. For
				purposes of Section 15-185.6(a), the following terms shall have the meanings
				specified in this subsecton (b).
1) Eligible
				Person. An "eligible person" shall mean a person who satisfies the following
				conditions:
A) The
person is a Tier 1
				member
.
B) The
person has submitted an application for a retirement annuity under
				Article 15
.
C) The
person has met the age and service requirement for receiving a
				retirement annuity under Article 15
, meaning the person must meet the
				applicable retirement eligibility requirements under Section 15-135 of the Code
				with respect to age and service credit accrued under Article 15 and, if the
				person elects to retire under the Retirement Systems Reciprocal Act, any
				service credit of a participating reciprocal system.
D) The
person
has
not received any retirement annuity under Article 15
, meaning
				the retirement date specified in the retirement application cannot be prior to
				the date SURS receives the application for a retirement annuity.
E) The
person has not made the
				election under Section 15-185.5 of the Code
.
F) The
person is not a participant in
				the Self-Managed Plan under Section 15-158.2 of the Code
.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart E - ADMINISTRATIVE REVIEW › Section 1600.550 - Disability Claims Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Pursuant to Code Section 15-150, a participant may be granted a disability
				benefit if, while a participating employee, he or she becomes physically or
				mentally incapacitated and unable to perform the duties of his or her assigned
				position for any period exceeding 60 consecutive calendar days and the employee
				had completed 2 years of service at the time of disability, unless the
				disability is a result of an accident. An employee shall be considered disabled
				only during the period for which the Board determines, based upon the evidence
				listed in this Section, that the employee is unable to reasonably perform the
				duties of his or her assigned position as a result of a physical or mental
				disability. This determination shall be based upon:
1) a written certificate from one or more
				licensed and practicing physicians appointed by or acceptable to the Board,
				stating that the employee is disabled and unable to reasonably perform the
				duties of his or her assigned position;
2) a written certificate from the employer
				stating that the employee is unable to perform the duties of his or her
				assigned position; and
3) any other
				medical examinations, hospital records, laboratory results, or other
				information necessary for determining the employment capacity and condition of
				the employee.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.600 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The definitions
				in Section 1-119(a) of the Pension Code shall apply to the rules contained in
				this Subpart.
b) The phrase
				"alternate payee" in Section 1-119(a)(1) of the Pension Code means a current
				spouse, former spouse, child or other dependent of a SURS member, as designated
				in a QILDRO.
c) The phrase "death
				benefit" in Section 1-119(a)(2) of the Pension Code means a benefit paid
				pursuant to Section 15-141 or 15-142 of the Pension Code, or any lump-sum
				payment under Section 15-145(e) of the Pension Code.
d) The phrase "member's refund" in Section
				1-119(a)(5) of the Pension Code does not include an "error refund" as defined
				in subsection (e) of this Section.
e) The phrase "error refund", as used in this
				Subpart, means a refund paid to a member as the result of an error in a payment
				to the System, a refund paid to a member when the required employee or employer
				contributions necessary to purchase or reinstate service credit have not been
				fully paid, or a refund of contributions made under Section
				1600.240(e).
f) The phrase "disability benefit" in Section
				1-119(a)(3) of the Pension Code includes:
1)
				A disability benefit under Section 15-150 of the Pension Code; or
2) A disability retirement annuity under
				Section 15-153.2 of the Pension Code.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.610 - Invalid Orders

Current through Register Vol. 48, No. 28, July 12, 2024
An order failing to satisfy all the applicable requirements
				  under Section
				  1600.605
				  shall be invalid and shall not cause the member's benefits to be divided or
				  reduced absent the submission of a new order satisfying those requirements. The
				  new order shall not be treated as a modified order under Section
				  1600.620
				  and shall not be implemented retroactively.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.615 - Filing a QILDRO with the System

Current through Register Vol. 48, No. 28, July 12, 2024
a) A QILDRO or QILDRO Calculation Order
				should be sent to the SURS Legal Department, accompanied by the consent form,
				if applicable, and the $50 non-refundable processing fee.
b) A QILDRO or QILDRO Calculation Order will
				be deemed received by SURS on the date it is file-stamped as received at the
				SURS office.
c) Within 45 calendar
				days after receiving a QILDRO or QILDRO Calculation Order, SURS will review the
				order and notify the member and each alternate payee by first-class mail that
				it has received the QILDRO or QILDRO Calculation Order, and whether it is a
				valid order. If SURS determines that the order is not a valid QILDRO or QILDRO
				Calculation Order, the notice will specify the reasons.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.620 - Modified QILDROs

Current through Register Vol. 48, No. 28, July 12, 2024
a) A QILDRO or
				QILDRO Calculation Order that has been modified by the issuing court must be
				submitted in the same manner as the original order. A separate $50
				non-refundable processing fee is required for each modified order.
b) A modified QILDRO will hold the same
				priority of payment that the original QILDRO held, as long as it does not
				increase the dollar amount or percentage of any benefit payable to the
				alternate payee or affect a different benefit that was not previously affected
				(other than automatic annual increases). A modified QILDRO Calculation Court
				Order will not affect the priority of payment of the underlying
				QILDRO.
c) If a modified QILDRO
				does increase the amount or affect benefits not previously affected (other than
				automatic annual increases), it will lose the priority held by the original
				QILDRO and priority of payment will be based on the date SURS received the
				modified QILDRO.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.625 - Benefits Affected by a QILDRO

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A QILDRO may apply only to the following benefits administered by SURS:
1) A monthly retirement benefit;
2) A single-sum retirement benefit;
3) A termination refund;
4) A partial member's refund; and
5) A death benefit.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.630 - Effect of a Valid QILDRO

Current through Register Vol. 48, No. 28, July 12, 2024
a) Timing
				of Effect. In no event shall a QILDRO apply to any benefit paid by SURS before
				or within 30 days after the order is received. [40 ILCS
				5/15-119(c)(3) ] SURS shall not delay
				the payment of any benefit to a member due to the receipt of a QILDRO. In
				addition to the foregoing, the following shall apply:
1) Retirement Benefits. A provision under a
				QILDRO dividing a retirement benefit under Section 1-119(n)III of the Pension
				Code shall take effect as ordered under either Section 1-119(n)III(B) or (C) of
				the Pension Code.
2) Member's
				Refunds and Death Benefits. A provision under a QILDRO dividing a member's
				refund or death benefit shall take effect when the member's refund is paid or
				as soon as administratively possible after the member's death.
3) Self-Managed Plan Accounts. A QILDRO
				pertaining to a member of the Self-Managed Plan having an account balance shall
				only divide the vested account balance between the member and the alternate
				payee as of a certain date (or the closest valuation date if the plan provider
				cannot provide a valuation on the date specified). The division shall be made
				in relation to a dollar amount, a percentage of the gross balance, or a
				percentage of a balance derived from the marital period. The System shall
				process the division as soon as administratively possible after receipt of the
				QILDRO or, if required, the QILDRO Calculation Court Order. If the QILDRO
				divides the member's account balance in accordance with this subsection (a)(3),
				the System shall ignore purported divisions of other benefit types.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.635 - QILDROs Against Persons Who Became Members Prior to July 1, 1999

Current through Register Vol. 48, No. 28, July 12, 2024
a) In accordance
				with Section 1-119(m)(1) of the Pension Code, a QILDRO that applies to a person
				who became a SURS member prior to July 1, 1999 must be accompanied by the
				original Consent to Issuance of QILDRO signed by the member. A consent form
				signed by a judge, sheriff or any other person other than the member is
				invalid. A QILDRO issued on or after July 1, 2006 that modifies a QILDRO issued
				prior to July 1, 2006 must be accompanied by an original Consent to Issuance of
				QILDRO signed by the member on or after July 1, 2006.
b) If the original is unavailable, a
				certified copy of the consent form filed with the court that issued the QILDRO
				is acceptable in lieu of the original.
c) The Consent to Issuance of QILDRO must be
				in the form adopted by SURS (including judicial district and county, case
				number and caption, member's name and SSN, alternate payee's name and SSN,
				member's signature and date) as of the date the QILDRO is received; otherwise
				it will be deemed invalid. The required consent form is available from SURS
				upon request.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.640 - Alternate Payee's Address

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				alternate payee is responsible to report to SURS, in writing, each change in
				his or her name and residence address.
b) When a member's retirement benefit or
				refund subject to a QILDRO becomes payable, SURS will send notice to the
				alternate payee's last known address that the retirement benefit, refund or
				death benefit is payable. Beyond that, SURS shall have no duty to take any
				other action to locate an alternate payee.
c) If the notice is returned undelivered,
				SURS will hold the amount payable to the alternate payee, as provided in
				Section 1-119(e)(2) of the Pension Code for 180 days from the date SURS sent
				the notice or 180 days from the date the benefit becomes payable, whichever is
				later. The amount held will not bear interest.
d) If SURS is notified of the alternate
				payee's current address within 180 days, SURS will release the amount held to
				the alternate payee. If SURS does not learn of the alternate payee's current
				address within 180 days, SURS will release the amount held to the
				member.
e) If SURS later learns of
				the alternate payee's current address, SURS will implement the QILDRO, but the
				alternate payee will have no right to any amounts already paid to the
				member.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.645 - Electing Form of Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A member
				whose benefit is subject to a QILDRO may not elect a form of payment that would
				diminish the amount payable to the alternate payee, unless the alternate payee
				has consented to such election in a notarized written statement submitted to
				SURS, as provided in Section 1-119(j)(1) of the Pension Code [40 ILCS
				5/1-119(j)(1) ].
b) A member's election either to receive or
				forego a proportional annuity under the Retirement Systems Reciprocal Act [40
				ILCS 5 /Art. 20] is not a prohibited election under Section 1-119(j)(1) of the
				Pension Code.
c) A member's
				election to take a refund is not a prohibited election under Section
				1-119(j)(1) of the Pension Code.
d)
				A member's election of a form of payment of annuity that reduces the member's
				total benefit, while still allowing full payment to the alternate payee under a
				QILDRO at the date of the election, is not a prohibited election under Section
				1-119(j)(1) of the Pension Code.
e)
				If there is some question as to whether an election would diminish the amount
				payable to an alternate payee, SURS may hold the election until clarification
				is obtained from a court of competent jurisdiction. It shall be the duty of the
				member or alternate payee to obtain clarification.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.650 - Automatic Annual Increases

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				alternate payee will or will not receive a proportionate share of any automatic
				annual increase in the member's retirement benefit under Section 15-136 of the
				Pension Code, according to the designation in the QILDRO.
b) Except as provided in subsection (c) of
				this Section, the initial increase in the amount due the alternate payee under
				the QILDRO is payable with the next succeeding increase in the member's
				retirement benefit after the date the QILDRO first took effect.
c) If the QILDRO first takes effect in the
				same month the member's retirement benefit is increased, the alternate payee's
				initial increase is not payable until the next increase in the member's
				retirement benefit.
d) SURS will
				calculate the amount of any increase payable to the alternate payee under the
				QILDRO.
e) The amount of any
				increase payable to the alternate payee is the percentage of increase applied
				to the member's retirement benefit under Section 15-136 of the Pension Code,
				multiplied by the alternate payee's monthly benefit as of the date of the
				increase.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.655 - Expiration of a QILDRO

Current through Register Vol. 48, No. 28, July 12, 2024
a) A QILDRO
				expires upon the death of the alternate payee. The right to receive the
				affected benefit will then revert to the member.
b) A QILDRO expires upon the death of the
				member, except to the extent that the order pertains to a death
				benefit.
c) A QILDRO expires when
				the member takes a refund that terminates his or her participation in SURS.
				This is true even if the member's refund is paid to an alternate payee. A
				QILDRO that expires because the member took a refund is not renewed by his or
				her subsequent return to SURS membership.
d) If a retired member returns to work, the
				QILDRO payments may be suspended. If so, the payments will resume when the
				member retires again.
e) A QILDRO
				expires by its terms or upon receipt of a certified copy of a court order
				terminating the QILDRO.
f) A QILDRO
				expires after the specified number of payments have been made to the alternate
				payee under Section 1-119(n)III(D)(2) of the Pension Code, unless the alternate
				payee is to receive all or a portion of the death benefit.
g) The QILDRO expires upon payment of a death
				benefit or portion of the benefit to the alternate payee under Section
				1-119(n)VII of the Pension Code.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.660 - Reciprocal Systems QILDRO Policy Statement

Current through Register Vol. 48, No. 28, July 12, 2024
It is the policy of SURS to administer QILDROs in a manner
				  consistent with the Policy Statement of the Association of Retirement Systems
				  on Qualified Illinois Domestic Relations Orders (the Reciprocal Systems QILDRO
				  Policy Statement). To the extent that there is any conflict between this
				  Subpart and the Reciprocal Systems QILDRO Policy Statement, this Subpart shall
				  control.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart F - QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDERS › Section 1600.665 - Providing Benefit Information for Divorce Purposes

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart G - BOARD TRUSTEE ELECTION › Section 1600.700 - Nomination of Candidates

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board Secretary shall determine the number and type of Board positions to be
				filled at an election. The Secretary shall announce the election by October 1
				preceding the next election.
b) Any
				candidate for an open contributing membership position on the System's Board of
				Trustees:
1) Shall be, on the date voter
				eligibility is determined pursuant to Section
				1600.715, an
				employee who has been certified as a SURS covered employee by the employee's
				employer and an employee for whom employee contributions have been received in
				the previous 31 days;
2) Shall be
				nominated by a written petition and/or if offered by SURS, by a petition with
				electronic signatures submitted via an independent, secure third-party vendor
				selected by SURS, signed by no fewer than 400 individuals who, as of the date
				of signing, were participants. Each candidate must submit their own petition
				and/or obtain electronic signatures on behalf of their own candidacy. Single
				petitions listing multiple candidates will not be accepted.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart G - BOARD TRUSTEE ELECTION › Section 1600.705 - Election Date/Election Day - Defined

Current through Register Vol. 48, No. 28, July 12, 2024
a) The term "Election Date" or "Election Day"
				shall mean May 1.
b) If the
				Election Day falls on a Saturday, Sunday or holiday, the election will be held
				the next day on which the System is open for business. The final tabulation of
				ballots shall be completed on the next business day after Election
				Day.
Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1600 - UNIVERSITIES RETIREMENT › Subpart G - BOARD TRUSTEE ELECTION › Section 1600.715 - Eligible Voters

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				individual is eligible to vote for a contributing membership position on the
				Board of Trustees of the System if he or she was a contributing member, defined
				as an employee who has been certified as a SURS covered employee by the
				employee's employer and an employee for whom employee contributions have been
				received in the previous 31 days, except as provided for in subsection (e), as
				of March 1 of the year in which the election is held.
b) An individual is eligible to vote for an
				open annuitant position on the Board of Trustees of the System if he or she was
				an annuitant as of March 1 of the year in which the election is held.
c) A person who is eligible to vote for a
				contributing membership position pursuant to subsection (a) is not eligible to
				vote for an open annuitant position.
d) A person who is eligible to vote for an
				annuitant position pursuant to subsection (b) is not eligible to vote for an
				open contributing membership position.
e) A SURS member receiving a disability
				pursuant to Section 15-150 of the Illinois Pension Code is not an annuitant but
				is considered a contributing member for purposes of Board elections.