Section 1600.605  Requirements for a Valid Qualified Illinois Domestic Relations Order

The State Universities Retirement System (SURS) will accept a court order as a valid Qualified Illinois Domestic Relations Order, or QILDRO, that meets all of the following requirements:

a)         The order must be accompanied by a $50 non-refundable processing fee, by check or money order payable to the State Universities Retirement System.

b)         If the order applies to a person who became a SURS member before July 1, 1999, it must be accompanied by the original Consent to Issuance of QILDRO form signed by the member, or a certified copy of the original. The consent cannot be signed by a judge, sheriff, or any person other than the member.

c)         The order must be a certified copy of the original.

d)         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 such property distribution.

e)         The order must contain the name, residence address, and Social Security number of the member.

f)          The order must contain the name, residence address, and Social Security number of the alternate payee.

g)         The order must identify the State Universities Retirement System as the retirement system to which it is directed.

h)         The order must identify the court that issued it.

i)          The order must specify the dollar amount of the benefit and/or refund payable to the alternate payee. Percentages or formulas are not permissible. The order may specify a termination date or total amount that, when paid out, terminates the QILDRO.

j)          The order must apply only to benefits that are statutorily subject to QILDROs, as provided in Section 1-119(b)(1) of the Act [40 ILCS 5/1-119(b)(1)].

k)         The order 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.

l)          The effective date of the order must be after July 1, 1999.

m)        The order must designate whether the alternate payee will receive automatic annual increases.

(Source:  Added at 25 Ill. Reg. 10206, effective July 30, 2001; recodified from Section 1600.151 to Section 1600.605 at 31 Ill. Reg. 10194)