093_HB1470

 
                                     LRB093 03876 LRD 03911 b

 1        AN ACT in relation to public employee benefits.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Pension  Code  is amended by
 5    changing Section 1-119 as follows:

 6        (40 ILCS 5/1-119)
 7        Sec.  1-119.   Qualified  Illinois   Domestic   Relations
 8    Orders.
 9        (a)  For the purposes of this Section:
10             (1)  "Alternate  payee"  means  the  spouse,  former
11        spouse,  child,  or  other  dependent  of  a  member,  as
12        designated in a QILDRO.
13             (2)  "Death  benefit"  means any nonperiodic benefit
14        payable upon the death of a member to a survivor  of  the
15        member   or   to   the   member's  estate  or  designated
16        beneficiary,  including  any  refund   of   contributions
17        following  the member's death, whether or not the benefit
18        is so called under the applicable Article of this Code.
19             (3)  "Disability  benefit"  means  any  periodic  or
20        nonperiodic benefit payable to a disabled member based on
21        occupational or nonoccupational  disability  or  disease,
22        including  any  periodic  or nonperiodic increases in the
23        benefit, whether or not the benefit is  so  called  under
24        the applicable Article of this Code.
25             (4)  "Member"  means  any person who participates in
26        or has service credits in a retirement system,  including
27        a  person  who  is  receiving or is eligible to receive a
28        retirement  or  disability  benefit,  without  regard  to
29        whether the person has withdrawn from service.
30             (5)  "Member's refund" means a return of  all  or  a
31        portion  of  a  member's contributions that is elected by
 
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 1        the member (or provided  by  operation  of  law)  and  is
 2        payable before the member's death.
 3             (6)  "Qualified  Illinois  Domestic Relations Order"
 4        or "QILDRO" means an Illinois court order that creates or
 5        recognizes the existence of an alternate payee's right to
 6        receive all or a portion of a member's  accrued  benefits
 7        in  a  retirement  system,  is  issued  pursuant  to this
 8        Section and Section 503(b)(2) of  the  Illinois  Marriage
 9        and   Dissolution   of   Marriage   Act,  and  meets  the
10        requirements of this Section.  A QILDRO is not  the  same
11        as  a  qualified  domestic relations order or QDRO issued
12        pursuant to Section 414(p) of the Internal  Revenue  Code
13        of  1986.   The requirements of paragraphs (2) and (3) of
14        that Section do not apply to  orders  issued  under  this
15        Section   and   shall  not  be  deemed  a  guide  to  the
16        interpretation of this Section; a QILDRO is  intended  to
17        be  a  domestic  relations  order  within  the meaning of
18        paragraph (11) of that Section.
19             (7)  "Regular payee" means  the  person  to  whom  a
20        benefit  would  be payable in the absence of an effective
21        QILDRO.
22             (8)  "Retirement  benefit"  means  any  periodic  or
23        nonperiodic benefit payable to a retired member based  on
24        age  or  service,  or  on  the amounts accumulated to the
25        credit of the member for retirement  purposes,  including
26        any  periodic  or  nonperiodic  increases in the benefit,
27        whether or  not  the  benefit  is  so  called  under  the
28        applicable Article of this Code.
29             (9)  "Retirement   system"  or  "system"  means  any
30        retirement system, pension fund, or other public employee
31        retirement benefit plan that is maintained or established
32        under any of Articles 2 through 18 of this Code.
33             (10)  "Surviving  spouse"  means  the  spouse  of  a
34        member at the time of the member's death.
 
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 1             (11)  "Survivor's  benefit"   means   any   periodic
 2        benefit  payable to a surviving spouse, child, parent, or
 3        other  survivor  of  a  deceased  member,  including  any
 4        periodic or nonperiodic increases in the benefit, whether
 5        or not the benefit is  so  called  under  the  applicable
 6        Article of this Code.
 7        (b) (1)  An Illinois court of competent jurisdiction in a
 8    proceeding  for  declaration of invalidity of marriage, legal
 9    separation, or dissolution of marriage that provides for  the
10    distribution  of  property,  or  any  proceeding  to amend or
11    enforce such a property distribution, may order that  all  or
12    any  part  of  any  (i)  retirement  benefit or (ii) member's
13    refund payable to or on behalf of the member be instead  paid
14    by the retirement system to a designated alternate payee.
15        (2)  An order issued under this Section provides only for
16    the  diversion  to  an  alternate  payee  of certain benefits
17    otherwise  payable  by  the  retirement  system   under   the
18    provisions of this Code.  The existence of a QILDRO shall not
19    cause the retirement system to pay any benefit, or any amount
20    of  benefit,  to  an alternate payee that would not have been
21    payable by the system to a regular payee in  the  absence  of
22    the QILDRO.
23        (3)  A  QILDRO  shall not affect the vesting, accrual, or
24    amount of any benefit, nor the date or conditions upon  which
25    any  benefit  becomes payable, nor the right of the member or
26    the  member's  survivors  to  make  any  election   otherwise
27    authorized under this Code, except as provided in subsections
28    (i) and (j).
29        (4)  A QILDRO shall not apply to or affect the payment of
30    any  survivor's  benefit,  death benefit, disability benefit,
31    life insurance benefit, or health insurance benefit.
32        (c) (1)  A  QILDRO  must  contain  the  name,   residence
33    address,  and social security number of the member and of the
34    alternate payee and must identify the  retirement  system  to
 
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 1    which it is directed and the court issuing the order.
 2        (2)  A  QILDRO  must  specify  each  benefit  to which it
 3    applies, and it must specify the amount  of  the  benefit,  a
 4    percentage  of the benefit, or specific formula to be applied
 5    to the member's benefit to be paid to the alternate payee  as
 6    provided  in  subsection  (n).  ,  which  in  the  case  of a
 7    nonperiodic benefit shall be expressed as  a  dollar  amount,
 8    and in the case of a periodic benefit shall be expressed as a
 9    dollar amount per month.
10        (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 periodic benefit that is being paid at the time the
13    order  is received, a QILDRO shall take effect immediately or
14    on a specified later date; if it takes effect immediately, it
15    shall become effective on  the  first  benefit  payment  date
16    occurring at least 30 days after the order is received by the
17    retirement  system.   In  the  case  of  any other benefit, a
18    QILDRO shall take effect when  the  benefit  becomes  payable
19    unless  some  later  date is indicated pursuant to subsection
20    (n).  However, in no  event  shall  a  QILDRO  apply  to  any
21    benefit  paid  by  the  retirement system before or within 30
22    days after the order is received.  A  retirement  system  may
23    adopt  rules  to  prorate  the  amount of the first and final
24    periodic payments to an alternate payee.
25        (4)  A QILDRO must also contain any  provisions  required
26    under subsection (n) or (p).
27        (d) (1)  An  order issued under this Section shall not be
28    implemented unless a certified copy of  the  order  has  been
29    filed  with the retirement system.  The system shall promptly
30    notify the member and the alternate payee by first class mail
31    of its receipt of the order.
32        (2)  Neither the retirement system, nor  its  board,  nor
33    any  of  its  employees  shall  be  liable to the member, the
34    regular payee, or any  other  person  for  any  amount  of  a
 
                            -5-      LRB093 03876 LRD 03911 b
 1    benefit  that  is paid in good faith to an alternate payee in
 2    accordance with a QILDRO.
 3        (3)  At the time the order is submitted to the retirement
 4    system, it  shall  be  accompanied  by  a  nonrefundable  $50
 5    processing  fee  payable to the retirement system, to be used
 6    by the system to defer any administrative costs  arising  out
 7    of the implementation of the QILDRO.
 8        (e) (1)  Each   alternate   payee   is   responsible  for
 9    maintaining a current residence  address  on  file  with  the
10    retirement  system.  The retirement system shall have no duty
11    to attempt to locate any alternate payee by any  means  other
12    than  sending written notice to the last known address of the
13    alternate payee on file with the system.
14        (2)  In the  event  that  the  system  cannot  locate  an
15    alternate  payee  when  a benefit becomes payable, the system
16    shall hold the amount of the benefit payable to the alternate
17    payee and make payment to the alternate payee if he or she is
18    located within the following  180  days.   If  the  alternate
19    payee  has not been located within 180 days from the date the
20    benefit becomes payable, the system shall pay the benefit and
21    the amounts held to the  regular  payee.   If  the  alternate
22    payee  is  subsequently  located,  the system shall thereupon
23    implement the QILDRO, but the interest of the alternate payee
24    in any amounts already paid to the  regular  payee  shall  be
25    extinguished.   Amounts  held under this subsection shall not
26    bear interest.
27        (f) (1)  If the amount of a benefit that is specified  in
28    a  QILDRO   for  payment  to  an  alternate payee exceeds the
29    actual amount of  that  benefit  payable  by  the  retirement
30    system,  the  excess  shall  be  disregarded.  The retirement
31    system shall have no liability to any alternate payee or  any
32    other person for the disregarded amounts.
33        (2)  In  the  event of multiple QILDROs against a member,
34    the retirement system shall honor all of the QILDROs  to  the
 
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 1    extent  possible.   However, if the total amount of a benefit
 2    to be paid to alternate payees under all  QILDROs  in  effect
 3    against  the member exceeds the actual amount of that benefit
 4    payable by the system, the QILDROs shall be satisfied in  the
 5    order  of their receipt by the system until the amount of the
 6    benefit is exhausted, and shall not  be  adjusted  pro  rata.
 7    Any  amounts  that  cannot  be  paid due to exhaustion of the
 8    benefit shall remain unpaid, and the retirement system  shall
 9    have  no liability to any alternate payee or any other person
10    for such amounts.
11        (3)  A modification of a QILDRO shall be filed  with  the
12    retirement  system  in  the  same  manner as a new QILDRO.  A
13    modification that does not increase the amount of any benefit
14    payable to the alternate  payee,  and  does  not  expand  the
15    QILDRO  to  affect any benefit not affected by the unmodified
16    QILDRO,  does  not  affect  the  priority  of  payment  under
17    subdivision (f)(2); the priority of payment of a QILDRO  that
18    has  been  modified  to  increase  the  amount of any benefit
19    payable to the alternate payee, or to expand  the  QILDRO  to
20    affect a benefit not affected by the unmodified QILDRO, shall
21    be  based  on  the  date  on  which  the  system receives the
22    modification of the QILDRO.
23        (g) (1)  Upon the death of the alternate  payee  under  a
24    QILDRO,  the  QILDRO  shall expire and cease to be effective,
25    and in the absence of another QILDRO, the  right  to  receive
26    any affected benefit shall revert to the regular payee.
27        (2)  All  QILDROs relating to a member's participation in
28    a particular retirement system shall expire and cease  to  be
29    effective  upon  the  issuance  of  a  member's  refund  that
30    terminates  the  member's  participation  in  that retirement
31    system, without regard to whether the refund was paid to  the
32    member  or  to an alternate payee under a QILDRO.  An expired
33    QILDRO shall not be automatically revived by  any  subsequent
34    return by the member to service under that retirement system.
 
                            -7-      LRB093 03876 LRD 03911 b
 1        (h) (1)  Within   45   days  after  receiving  a  request
 2    subpoena from any party to a proceeding  for  declaration  of
 3    invalidity  of  marriage, legal separation, or dissolution of
 4    marriage in which a QILDRO may be issued, or after  receiving
 5    a  request from the member, a retirement system shall issue a
 6    statement of a member's  accumulated  contributions,  accrued
 7    benefits,   and   other  interests,  including  any  and  all
 8    information available to the member, in the plan administered
 9    by the retirement system based on the data on file  with  the
10    system  on  the  date the request subpoena is received.  Also
11    within 45 days after receiving a request, a retirement system
12    shall issue a statement, and  of  any  procedures  and  rules
13    related  to the processing and approval of QILDROs and of any
14    modifications relevant procedures, rules, or modifications to
15    the  model  QILDRO  form  that  have  been  adopted  by   the
16    retirement system.
17        (2)  In  no event shall the retirement system be required
18    to furnish to any person  an  actuarial  opinion  as  to  the
19    present value of the member's benefits or other interests.
20        (3)  The  papers, entries, and records, or parts thereof,
21    of any retirement system may be proved  by  a  copy  thereof,
22    certified  under the signature of the secretary of the system
23    or other duly appointed keeper of the records of  the  system
24    and the corporate seal, if any.
25        (i)  In   a  retirement  system  in  which  a  member  or
26    beneficiary is required to apply to the system for payment of
27    a benefit,  the  required  application  may  be  made  by  an
28    alternate  payee  who  is  entitled  to  all  or part of that
29    benefit   under   a   QILDRO,   provided   that   all   other
30    qualifications and requirements have been met.  However,  the
31    alternate  payee  may not make the required application for a
32    member's refund or a retirement benefit if the member  is  in
33    active  service  or  below  the  minimum age for receiving an
34    undiscounted retirement annuity in the retirement system that
 
                            -8-      LRB093 03876 LRD 03911 b
 1    has received the QILDRO or in any other retirement system  in
 2    which  the  member  has  creditable  service and in which the
 3    member's rights under the Retirement Systems  Reciprocal  Act
 4    would  be  affected  as  a  result  of  the alternate payee's
 5    application for a member's refund or retirement benefit.
 6        (j) (1)  So long as there is in effect a QILDRO  relating
 7    to a member's retirement benefit, the affected member may not
 8    elect  a  form  of payment that has the effect of diminishing
 9    the amount of the payment to which  any  alternate  payee  is
10    entitled,  unless  the  alternate  payee has consented to the
11    election in a writing with a notarized  signature,  and  this
12    written  and  notarized  consent  has  been  filed  with  the
13    retirement system.
14        (2)  If  a member attempts to make an election prohibited
15    under subdivision (j)(1), the retirement system shall  reject
16    the  election and advise the member of the need to obtain the
17    alternate payee's consent.
18        (3)  If  a  retirement  system  discovers  that  it   has
19    mistakenly  allowed  an election prohibited under subdivision
20    (j)(1),  it  shall  thereupon  disallow  that  election   and
21    recalculate  any  benefits  affected  thereby.  If the system
22    determines that an amount paid to a regular payee should have
23    been paid  to  an  alternate  payee,  the  system  shall,  if
24    possible, recoup the amounts as provided in subsection (k) of
25    this Section.
26        (k)  In  the  event  that a regular payee or an alternate
27    payee is overpaid, the retirement  system  shall  recoup  the
28    amounts by deducting the overpayment from future payments and
29    making  payment  to  the  other  payee.   The system may make
30    deductions for recoupment over a period of time in  the  same
31    manner  as  is  provided by law or rule for the recoupment of
32    other  amounts  incorrectly  disbursed  by  the   system   in
33    instances  not  involving  a  QILDRO.   The retirement system
34    shall incur no liability to either the alternate payee or the
 
                            -9-      LRB093 03876 LRD 03911 b
 1    regular payee as a result of any payment made in good  faith,
 2    regardless  of  whether  the  system  is  able  to accomplish
 3    recoupment.
 4        (l) (1)  A  retirement  system  that  has,   before   the
 5    effective  date  of  this Section, received and implemented a
 6    domestic relations order that directs payment of a benefit to
 7    a person  other  than  the  regular  payee  may  continue  to
 8    implement  that order, and shall not be liable to the regular
 9    payee for any amounts paid in good faith to that other person
10    in accordance with the order.
11        (2)  A domestic relations order directing  payment  of  a
12    benefit  to  a  person  other than the regular payee that was
13    issued by a court but not implemented by a retirement  system
14    prior  to  the  effective date of this Section shall be void.
15    However, a person who is the beneficiary or  alternate  payee
16    of  a  domestic  relations  order that is rendered void under
17    this subsection may petition the court that issued the  order
18    for an amended order that complies with this Section.
19        (m) (1)  In  accordance  with  Article XIII, Section 5 of
20    the Illinois Constitution, which prohibits the impairment  or
21    diminishment  of  benefits  granted under this Code, a QILDRO
22    issued against a member of a  retirement  system  established
23    under  an  Article  of  this Code that exempts the payment of
24    benefits or refunds from attachment, garnishment, judgment or
25    other legal  process  shall  not  be  effective  without  the
26    written   consent   of   the   member  if  the  member  began
27    participating in the  retirement  system  on  or  before  the
28    effective  date  of  this Section.  That consent must specify
29    the retirement system, the court case number, and  the  names
30    and  social  security numbers of the member and the alternate
31    payee.  The consent must accompany  the  QILDRO  when  it  is
32    filed   with   the   retirement   system,   and  must  be  in
33    substantially the following form:

34                    CONSENT TO ISSUANCE OF QILDRO
 
                            -10-     LRB093 03876 LRD 03911 b
 1    Court Case Number: ....................
 2    Member's Social Security Number: ........................
 3    Alternate payee's Social Security Number: ...............
 4        I, (name), a member of the  (retirement  system),  hereby
 5    consent  to  the  issuance  of  a Qualified Illinois Domestic
 6    Relations Order.  I understand that under the Order,  certain
 7    benefits  that  would  otherwise  be  payable to me, or to my
 8    surviving spouse or estate, will instead be payable to  (name
 9    of  alternate  payee).   I  also  understand that my right to
10    elect certain forms of payment of my  retirement  benefit  or
11    member's refund may be limited as a result of the Order.
12        DATED:.......................
13        SIGNED:......................

14        (2)  A member's consent to the issuance of a QILDRO shall
15    be  irrevocable,  and shall apply to any QILDRO that pertains
16    to the alternate payee and retirement  system  named  in  the
17    consent.
18        (n)  An  order  issued  under  this  Section  shall be in
19    substantially the following  form  (omitting  any  provisions
20    that are not applicable):

21             QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDER

22        THIS CAUSE coming before the Court for the purpose of the
23    entry  of a Qualified Illinois Domestic Relations Order under
24    the provisions of Section 1-119 of the Illinois Pension Code,
25    the Court  having  jurisdiction  over  the  parties  and  the
26    subject  matter  hereof;   the  Court finding that one of the
27    parties to this proceeding is a member of a retirement system
28    subject to Section 1-119 of the Illinois Pension  Code,  this
29    Order  is  entered  to  implement  a division of that party's
30    interest in the retirement system; and the Court being  fully
31    advised;
32        IT IS HEREBY ORDERED AS FOLLOWS:
33        (1)  The  definitions  and  other  provisions  of Section
 
                            -11-     LRB093 03876 LRD 03911 b
 1    1-119 of the Illinois Pension Code are adopted  by  reference
 2    and made a part of this Order.
 3        (2)  Identification of Retirement System and parties:
 4             Retirement System: (name and address)
 5             Member: (name, residence address and social security
 6        number)
 7             Alternate payee: (name, residence address and social
 8        security number)
 9        (3)  The   Retirement  System  shall  pay  the  indicated
10    amounts of the following specified benefits to the  alternate
11    payee under the following terms and conditions:
12             (i)  Of   the   member's   retirement  benefit,  the
13        Retirement System shall pay to the alternate payee:
14             (I)  $ ..... per month; or
15             (II)  .....% per month of  the  member's  retirement
16        benefit  with the benefit to be calculated as of the date
17        of ........; or
18             (III)  ......% per month of the member's  retirement
19        benefit  with the benefit to be calculated as of the date
20        the member's retirement benefit commences; or
21             (IV)  the  amount  resulting  from  calculating  the
22        formula:
23                  (A/B) x C x D where:
24                  "A"  equals the number of months the member was
25             married while  the  member  was  in  the  retirement
26             system (with that number of months to be provided by
27             the parties or the court), and
28                  "B"  equals  the  total  number  of  months the
29             member was in  the  retirement  system  through  the
30             member's retirement date (with that number of months
31             to be provided by the retirement system), and
32                  "C"  equals  a  number  less than or equal to 1
33             (with that number to be provided by the  parties  or
34             the  court  and  representing  the alternate payee's
 
                            -12-     LRB093 03876 LRD 03911 b
 1             share of the marital portion of the benefit), and
 2                  "D"  equals  the   amount   of   the   member's
 3             retirement   benefit  as  of  the  date  the  member
 4             commences that  benefit  (with  that  amount  to  be
 5             provided by the retirement system); or
 6             (V)  the   amount  resulting  from  calculating  the
 7        formula:
 8                  (A/B) x C x D where:
 9                  "A"  equals the number of months the member was
10             married while  the  member  was  in  the  retirement
11             system  (with  that  number  to  be  provided by the
12             parties or the court), and
13                  "B"  equals the  total  number  of  months  the
14             member  was  in the retirement system until the date
15             the alternate payee's benefit commences  (with  that
16             number to be provided by the retirement system), and
17                  "C"  equals  a  number  less than or equal to 1
18             (with that number to be provided by the  parties  or
19             the  court  and  representing  the alternate payee's
20             share of the marital portion of the benefit), and
21                  "D"  equals  the   amount   of   the   member's
22             retirement  benefit  as  of the date of ............
23             (with that date to be provided by the parties or the
24             court  and  that  amount  to  be  provided  by   the
25             retirement  system).   $......  per month, beginning
26             (if  the  benefit  is  already  being  paid,  either
27             immediately or on a specified later date; otherwise,
28             on the date the retirement benefit  commences),  and
29             ending   upon  the  termination  of  the  retirement
30             benefit  or  the  death  of  the  alternate   payee,
31             whichever occurs first.
32             (ii)  Of  any  member's refund that becomes payable,
33        the Retirement System shall pay to  the  alternate  payee
34        $...... when the member's refund becomes payable.  If the
 
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 1        retirement  benefit  is  subject to annual cost of living
 2        increases and the alternate payee's share of that benefit
 3        is calculated under subdivision (n)(i)(III) or (n)(i)(IV)
 4        or (n)(i)(V), the benefit shall be recalculated  annually
 5        to  include  a proportionate share of the applicable cost
 6        of living increases.
 7             (iii)  If  the  member's  retirement   benefit   has
 8        already  commenced,  the  alternate payee's benefit shall
 9        commence either:
10             (a)  immediately upon this order being  approved  by
11        the Retirement System; or
12             (b)  on the date of ........ .
13             (iv)  If the member's retirement benefit has not yet
14        commenced,  the  alternate payee's benefit shall commence
15        either:
16             (a)  as of the date the member's retirement  benefit
17        commences; or
18             (b)  on the date of ............ .
19             (v)  The  alternate  payee's benefit shall terminate
20        upon the termination of the member's  retirement  benefit
21        or  the  death  of  the alternate payee, whichever occurs
22        first.
23             (vi)  Of any member's refund that  becomes  payable,
24        when  the  benefit becomes payable, the Retirement System
25        shall pay to the alternate payee either:
26             (I)  $........; or
27             (II)  .......%_of  the  member's  refund  with   the
28        refund to be calculated as of the date of ..........; or
29             (III)  .......%_of  the  member's  refund  with  the
30        refund  to  be  calculated  as  of the date the alternate
31        payee's refund is paid; or
32             (IV)  the  amount  resulting  from  calculating  the
33        formula:
34                  (A/B) x C x D where:
 
                            -14-     LRB093 03876 LRD 03911 b
 1                  "A"  equals the number of months the member was
 2             married while  the  member  was  in  the  retirement
 3             system  (with  that  number  to  be  provided by the
 4             parties or the court), and
 5                  "B"  equals the  total  number  of  months  the
 6             member  was  in  the  retirement  system through the
 7             member's retirement date (with  that  number  to  be
 8             provided by the retirement system), and
 9                  "C"  equals  a  number  less than or equal to 1
10             (with that number to be provided by the  parties  or
11             the  court  and  representing  the alternate payee's
12             share  of  the  marital  portion  of  the   member's
13             refund), and
14                  "D"  equals  the  amount of the member's refund
15             as of the date the member will receive  that  refund
16             (with  that  amount to be provided by the retirement
17             system);  or
18             (V)  the  amount  resulting  from  calculating   the
19        formula:
20                  (A/B) x C x D where:
21                  "A"  equals the number of months the member was
22             married  while  the  member  was  in  the retirement
23             system (with that  number  to  be  provided  by  the
24             parties or the court); and
25                  "B"  equals  the  total  number  of  months the
26             member was in the retirement system through the date
27             the alternate payee's benefit  is  paid  (with  that
28             number to be provided by the retirement system); and
29                  "C"  equals  a  number  less than or equal to 1
30             (with that number to be provided by the  parties  or
31             the  court  and  representing  the alternate payee's
32             share  of  the  marital  portion  of  the   member's
33             refund); and
34                  "D"  equals  the  amount of the member's refund
 
                            -15-     LRB093 03876 LRD 03911 b
 1             as of the date of ............ (with that date to be
 2             provided by the  parties  or  the  court,  and  that
 3             amount to be provided by the retirement system).
 4        (4)  In  accordance  with subsection (j) of Section 1-119
 5    of the Illinois Pension Code, so long as this  QILDRO  is  in
 6    effect,  the  member  may  not elect a form of payment of the
 7    retirement benefit that has the  effect  of  diminishing  the
 8    amount  of  the  payment  to  which  the  alternate  payee is
 9    entitled, unless the alternate payee  has  consented  to  the
10    election in writing, the consent has been notarized, and this
11    consent has been filed with the retirement system.
12        (5)  If  the member began participating in the Retirement
13    System before the effective date of this Section, this  Order
14    shall  not  take  effect  unless  accompanied  by the written
15    consent of the member as required  under  subsection  (m)  of
16    Section 1-119 of the Illinois Pension Code.
17        (6)  The Court retains jurisdiction to modify this Order.

18        DATED:.......................

19        SIGNED:......................

20        (o) (1)  A  court  in  Illinois  that has issued a QILDRO
21    shall retain jurisdiction  of  all  issues  relating  to  the
22    modification  of  the  QILDRO.  The Administrative Review Law
23    and the rules adopted pursuant thereto shall govern and apply
24    to   all   proceedings   for   judicial   review   of   final
25    administrative decisions of the  board  of  trustees  of  the
26    retirement system arising under this Section.
27        (2)  The  term "administrative decision" is defined as in
28    Section 3-101 of the Code of Civil Procedure.  The venue  for
29    review  under the Administrative Review Law shall be the same
30    as  is  provided  by  law  for  judicial  review   of   other
31    administrative decisions of the retirement system.
32        (p) (1)  Each  retirement system may adopt any procedures
33    or  rules  that  it  deems  necessary  or  useful   for   the
 
                            -16-     LRB093 03876 LRD 03911 b
 1    implementation of this Section.
 2        (2)  Each  retirement system may by rule modify the model
 3    QILDRO form  provided  in  subsection  (n),  except  that  no
 4    retirement   system   may   change  or  delete  any  part  of
 5    subsections  (i)  through  (vi)  of  subsection  (n).    Each
 6    retirement  system  may  by  rule  or require that additional
 7    relevant information be included in QILDROs presented to  the
 8    system,  as  may  be  necessary  to  meet  the  needs  of the
 9    retirement system.
10    (Source: P.A. 90-731, eff. 7-1-99.)

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.