Public Act 90-0731 of the 90th General Assembly
Public Act 90-0731
HB1612 Enrolled LRB9003937WHmg
AN ACT in relation to marital property, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by
adding Section 1-119 as follows:
(40 ILCS 5/1-119 new)
Sec. 1-119. Qualified Illinois Domestic Relations
Orders.
(a) For the purposes of this Section:
(1) "Alternate payee" means the spouse, former
spouse, child, or other dependent of a member, as
designated in a QILDRO.
(2) "Death benefit" means any nonperiodic benefit
payable upon the death of a member to a survivor of the
member or to the member's estate or designated
beneficiary, including any refund of contributions
following the member's death, whether or not the benefit
is so called under the applicable Article of this Code.
(3) "Disability benefit" means any periodic or
nonperiodic benefit payable to a disabled member based on
occupational or nonoccupational disability or disease,
including any periodic or nonperiodic increases in the
benefit, whether or not the benefit is so called under
the applicable Article of this Code.
(4) "Member" means any person who participates in
or has service credits in a retirement system, including
a person who is receiving or is eligible to receive a
retirement or disability benefit, without regard to
whether the person has withdrawn from service.
(5) "Member's refund" means a return of all or a
portion of a member's contributions that is elected by
the member (or provided by operation of law) and is
payable before the member's death.
(6) "Qualified Illinois Domestic Relations Order"
or "QILDRO" means an Illinois court order that creates or
recognizes the existence of an alternate payee's right to
receive all or a portion of a member's accrued benefits
in a retirement system, is issued pursuant to this
Section and Section 503(b)(2) of the Illinois Marriage
and Dissolution of Marriage Act, and meets the
requirements of this Section. A QILDRO is not the same
as a qualified domestic relations order or QDRO issued
pursuant to Section 414(p) of the Internal Revenue Code
of 1986. The requirements of paragraphs (2) and (3) of
that Section do not apply to orders issued under this
Section and shall not be deemed a guide to the
interpretation of this Section; a QILDRO is intended to
be a domestic relations order within the meaning of
paragraph (11) of that Section.
(7) "Regular payee" means the person to whom a
benefit would be payable in the absence of an effective
QILDRO.
(8) "Retirement benefit" means any periodic or
nonperiodic benefit payable to a retired member based on
age or service, or on the amounts accumulated to the
credit of the member for retirement purposes, including
any periodic or nonperiodic increases in the benefit,
whether or not the benefit is so called under the
applicable Article of this Code.
(9) "Retirement system" or "system" means any
retirement system, pension fund, or other public employee
retirement benefit plan that is maintained or established
under any of Articles 2 through 18 of this Code.
(10) "Surviving spouse" means the spouse of a
member at the time of the member's death.
(11) "Survivor's benefit" means any periodic
benefit payable to a surviving spouse, child, parent, or
other survivor of a deceased member, including any
periodic or nonperiodic increases in the benefit, whether
or not the benefit is so called under the applicable
Article of this Code.
(b) (1) 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 a property distribution, may order that all or
any part of any (i) retirement benefit or (ii) member's
refund payable to or on behalf of the member be instead paid
by the retirement system to a designated alternate payee.
(2) An order issued under this Section provides only for
the diversion to an alternate payee of certain benefits
otherwise payable by the retirement system under the
provisions of this Code. The existence of a QILDRO shall not
cause the retirement system to pay any benefit, or any amount
of benefit, to an alternate payee that would not have been
payable by the system to a regular payee in the absence of
the QILDRO.
(3) A QILDRO shall not affect the vesting, accrual, or
amount of any benefit, nor the date or conditions upon which
any benefit becomes payable, nor the right of the member or
the member's survivors to make any election otherwise
authorized under this Code, except as provided in subsections
(i) and (j).
(4) A QILDRO shall not apply to or affect the payment of
any survivor's benefit, death benefit, disability benefit,
life insurance benefit, or health insurance benefit.
(c) (1) A QILDRO must contain the name, residence
address, and social security number of the member and of the
alternate payee and must identify the retirement system to
which it is directed and the court issuing the order.
(2) A QILDRO must specify each benefit to which it
applies, and it must specify the amount of the benefit to be
paid to the alternate payee, which in the case of a
nonperiodic benefit shall be expressed as a dollar amount,
and in the case of a periodic benefit shall be expressed as a
dollar amount per month.
(3) With respect to each benefit to which it applies, a
QILDRO must specify when the order will take effect. In the
case of a periodic benefit that is being paid at the time the
order is received, a QILDRO shall take effect immediately or
on a specified later date; if it takes effect immediately, it
shall become effective on the first benefit payment date
occurring at least 30 days after the order is received by the
retirement system. In the case of any other benefit, a
QILDRO shall take effect when the benefit becomes payable.
However, in no event shall a QILDRO apply to any benefit paid
by the retirement system before or within 30 days after the
order is received. A retirement system may adopt rules to
prorate the amount of the first and final periodic payments
to an alternate payee.
(4) A QILDRO must also contain any provisions required
under subsection (n) or (p).
(d) (1) An order issued under this Section shall not be
implemented unless a certified copy of the order has been
filed with the retirement system. The system shall promptly
notify the member and the alternate payee by first class mail
of its receipt of the order.
(2) Neither the retirement system, nor its board, nor
any of its employees shall be liable to the member, the
regular payee, or any other person for any amount of a
benefit that is paid in good faith to an alternate payee in
accordance with a QILDRO.
(3) At the time the order is submitted to the retirement
system, it shall be accompanied by a nonrefundable $50
processing fee payable to the retirement system, to be used
by the system to defer any administrative costs arising out
of the implementation of the QILDRO.
(e) (1) Each alternate payee is responsible for
maintaining a current residence address on file with the
retirement system. The retirement system shall have no duty
to attempt to locate any alternate payee by any means other
than sending written notice to the last known address of the
alternate payee on file with the system.
(2) In the event that the system cannot locate an
alternate payee when a benefit becomes payable, the system
shall hold the amount of the benefit payable to the alternate
payee and make payment to the alternate payee if he or she is
located within the following 180 days. If the alternate
payee has not been located within 180 days from the date the
benefit becomes payable, the system shall pay the benefit and
the amounts held to the regular payee. If the alternate
payee is subsequently located, the system shall thereupon
implement the QILDRO, but the interest of the alternate payee
in any amounts already paid to the regular payee shall be
extinguished. Amounts held under this subsection shall not
bear interest.
(f) (1) If the amount of a benefit that is specified in
a QILDRO for payment to an alternate payee exceeds the
actual amount of that benefit payable by the retirement
system, the excess shall be disregarded. The retirement
system shall have no liability to any alternate payee or any
other person for the disregarded amounts.
(2) In the event of multiple QILDROs against a member,
the retirement system shall honor all of the QILDROs to the
extent possible. However, if the total amount of a benefit
to be paid to alternate payees under all QILDROs in effect
against the member exceeds the actual amount of that benefit
payable by the system, the QILDROs shall be satisfied in the
order of their receipt by the system until the amount of the
benefit is exhausted, and shall not be adjusted pro rata.
Any amounts that cannot be paid due to exhaustion of the
benefit shall remain unpaid, and the retirement system shall
have no liability to any alternate payee or any other person
for such amounts.
(3) A modification of a QILDRO shall be filed with the
retirement system in the same manner as a new QILDRO. A
modification that does not increase the amount of any benefit
payable to the alternate payee, and does not expand the
QILDRO to affect any benefit not affected by the unmodified
QILDRO, does not affect the priority of payment under
subdivision (f)(2); the priority of payment of a QILDRO that
has been modified to increase the amount of any benefit
payable to the alternate payee, or to expand the QILDRO to
affect a benefit not affected by the unmodified QILDRO, shall
be based on the date on which the system receives the
modification of the QILDRO.
(g) (1) Upon the death of the alternate payee under a
QILDRO, the QILDRO shall expire and cease to be effective,
and in the absence of another QILDRO, the right to receive
any affected benefit shall revert to the regular payee.
(2) All QILDROs relating to a member's participation in
a particular retirement system shall expire and cease to be
effective upon the issuance of a member's refund that
terminates the member's participation in that retirement
system, without regard to whether the refund was paid to the
member or to an alternate payee under a QILDRO. An expired
QILDRO shall not be automatically revived by any subsequent
return by the member to service under that retirement system.
(h) (1) Within 45 days after receiving 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, a retirement system shall issue a statement
of a member's accumulated contributions, accrued benefits,
and other interests in the plan administered by the
retirement system based on the data on file with the system
on the date the subpoena is received, and of any relevant
procedures, rules, or modifications to the model QILDRO form
that have been adopted by the retirement system.
(2) In no event shall the retirement system be required
to furnish to any person an actuarial opinion as to the
present value of the member's benefits or other interests.
(3) The papers, entries, and records, or parts thereof,
of any retirement system may be proved by a copy thereof,
certified under the signature of the secretary of the system
or other duly appointed keeper of the records of the system
and the corporate seal, if any.
(i) In a retirement system in which a member or
beneficiary is required to apply to the system for payment of
a benefit, the required application may be made by an
alternate payee who is entitled to all of that benefit under
a QILDRO, provided that all other qualifications and
requirements have been met. However, the alternate payee may
not make the required application for a member's refund or a
retirement benefit if the member is in active service or
below the minimum age for receiving an undiscounted
retirement annuity in the retirement system that has received
the QILDRO or in any other retirement system in which the
member has creditable service and in which the member's
rights under the Retirement Systems Reciprocal Act would be
affected as a result of the alternate payee's application for
a member's refund or retirement benefit.
(j) (1) So long as there is in effect a QILDRO relating
to a member's retirement benefit, the affected member may not
elect a form of payment that has the effect of diminishing
the amount of the payment to which any alternate payee is
entitled, unless the alternate payee has consented to the
election in writing and this consent has been filed with the
retirement system.
(2) If a member attempts to make an election prohibited
under subdivision (j)(1), the retirement system shall reject
the election and advise the member of the need to obtain the
alternate payee's consent.
(3) If a retirement system discovers that it has
mistakenly allowed an election prohibited under subdivision
(j)(1), it shall thereupon disallow that election and
recalculate any benefits affected thereby. If the system
determines that an amount paid to a regular payee should have
been paid to an alternate payee, the system shall, if
possible, recoup the amounts as provided in subsection (k) of
this Section.
(k) In the event that a regular payee or an alternate
payee is overpaid, the retirement system shall recoup the
amounts by deducting the overpayment from future payments and
making payment to the other payee. The system may make
deductions for recoupment over a period of time in the same
manner as is provided by law or rule for the recoupment of
other amounts incorrectly disbursed by the system in
instances not involving a QILDRO. The retirement system
shall incur no liability to either the alternate payee or the
regular payee as a result of any payment made in good faith,
regardless of whether the system is able to accomplish
recoupment.
(l) (1) A retirement system that has, before the
effective date of this Section, received and implemented a
domestic relations order that directs payment of a benefit to
a person other than the regular payee may continue to
implement that order, and shall not be liable to the regular
payee for any amounts paid in good faith to that other person
in accordance with the order.
(2) A domestic relations order directing payment of a
benefit to a person other than the regular payee that was
issued by a court but not implemented by a retirement system
prior to the effective date of this Section shall be void.
However, a person who is the beneficiary or alternate payee
of a domestic relations order that is rendered void under
this subsection may petition the court that issued the order
for an amended order that complies with this Section.
(m) (1) In accordance with Article XIII, Section 5 of
the Illinois Constitution, which prohibits the impairment or
diminishment of benefits granted under this Code, a QILDRO
issued against a member of a retirement system established
under an Article of this Code that exempts the payment of
benefits or refunds from attachment, garnishment, judgment or
other legal process shall not be effective without the
written consent of the member if the member began
participating in the retirement system on or before the
effective date of this Section. That consent must specify
the retirement system, the court case number, and the names
and social security numbers of the member and the alternate
payee. The consent must accompany the QILDRO when it is
filed with the retirement system, and must be in
substantially the following form:
CONSENT TO ISSUANCE OF QILDRO
Court Case Number: ....................
Member's Social Security Number: ........................
Alternate payee's Social Security Number: ...............
I, (name), a member of the (retirement system), hereby
consent to the issuance of a Qualified Illinois Domestic
Relations Order. I understand that under the Order, certain
benefits that would otherwise be payable to me, or to my
surviving spouse or estate, will instead be payable to (name
of alternate payee). I also understand that my right to
elect certain forms of payment of my retirement benefit or
member's refund may be limited as a result of the Order.
DATED:.......................
SIGNED:......................
(2) A member's consent to the issuance of a QILDRO shall
be irrevocable, and shall apply to any QILDRO that pertains
to the alternate payee and retirement system named in the
consent.
(n) An order issued under this Section shall be in
substantially the following form (omitting any provisions
that are not applicable):
QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDER
THIS CAUSE coming before the Court for the purpose of the
entry of a Qualified Illinois Domestic Relations Order under
the provisions of Section 1-119 of the Illinois Pension Code,
the Court having jurisdiction over the parties and the
subject matter hereof; the Court finding that one of the
parties to this proceeding is a member of a retirement system
subject to Section 1-119 of the Illinois Pension Code, this
Order is entered to implement a division of that party's
interest in the retirement system; and the Court being fully
advised;
IT IS HEREBY ORDERED AS FOLLOWS:
(1) The definitions and other provisions of Section
1-119 of the Illinois Pension Code are adopted by reference
and made a part of this Order.
(2) Identification of Retirement System and parties:
Retirement System: (name and address)
Member: (name, residence address and social security
number)
Alternate payee: (name, residence address and social
security number)
(3) The Retirement System shall pay the indicated
amounts of the following specified benefits to the alternate
payee under the following terms and conditions:
(i) Of the member's retirement benefit, the
Retirement System shall pay to the alternate payee
$...... per month, beginning (if the benefit is already
being paid, either immediately or on a specified later
date; otherwise, on the date the retirement benefit
commences), and ending upon the termination of the
retirement benefit or the death of the alternate payee,
whichever occurs first.
(ii) Of any member's refund that becomes payable,
the Retirement System shall pay to the alternate payee
$...... when the member's refund becomes payable.
(4) In accordance with subsection (j) of Section 1-119
of the Illinois Pension Code, so long as this QILDRO is in
effect, the member may not elect a form of payment of the
retirement benefit that has the effect of diminishing the
amount of the payment to which the alternate payee is
entitled, unless the alternate payee has consented to the
election in writing and this consent has been filed with the
retirement system.
(5) If the member began participating in the Retirement
System before the effective date of this Section, this Order
shall not take effect unless accompanied by the written
consent of the member as required under subsection (m) of
Section 1-119 of the Illinois Pension Code.
(6) The Court retains jurisdiction to modify this Order.
DATED:.......................
SIGNED:......................
(o) (1) A court in Illinois that has issued a QILDRO
shall retain jurisdiction of all issues relating to the
modification of the QILDRO. The Administrative Review Law
and the rules adopted pursuant thereto shall govern and apply
to all proceedings for judicial review of final
administrative decisions of the board of trustees of the
retirement system arising under this Section.
(2) The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure. The venue for
review under the Administrative Review Law shall be the same
as is provided by law for judicial review of other
administrative decisions of the retirement system.
(p) (1) Each retirement system may adopt any procedures
or rules that it deems necessary or useful for the
implementation of this Section.
(2) Each retirement system may by rule modify the model
QILDRO form provided in subsection (n) or require that
additional information be included in QILDROs presented to
the system, as may be necessary to meet the needs of the
retirement system.
Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 452 and 503 as
follows:
(750 ILCS 5/452)
Sec. 452. Petition. The parties to a dissolution
proceeding may file a joint petition for simplified
dissolution if they certify that all of the following
conditions exist when the proceeding is commenced:
(a) Neither party is dependent on the other party
for support or each party is willing to waive the right
to support; and the parties understand that consultation
with attorneys may help them determine eligibility for
spousal support.
(b) Either party has met the residency requirement
of Section 401 of this Act.
(c) Irreconcilable differences have caused the
irretrievable breakdown of the marriage and the parties
have been separated 6 months or more and efforts at
reconciliation have failed or future attempts at
reconciliation would be impracticable and not in the best
interests of the family.
(d) No children were born of the relationship of
the parties or adopted by the parties during the
marriage, and the wife, to her knowledge, is not pregnant
by the husband.
(e) The duration of the marriage does not exceed 8
5 years.
(f) Neither party has any interest in real
property.
(g) The parties waive any rights to maintenance.
(h) The total fair market value of all marital
property, after deducting all encumbrances, is less than
$10,000, $5,000 and the combined gross annualized income
from all sources is less than $35,000, and neither party
has a gross annualized income from all sources in excess
of $20,000 $25,000.
(i) The parties have disclosed to each other all
assets and their tax returns for all years of the
marriage.
(j) The parties have executed a written agreement
dividing all assets in excess of $100 in value and
allocating responsibility for debts and liabilities
between the parties.
(Source: P.A. 88-39.)
(750 ILCS 5/503) (from Ch. 40, par. 503)
Sec. 503. Disposition of property.
(a) For purposes of this Act, "marital property" means
all property acquired by either spouse subsequent to the
marriage, except the following, which is known as
"non-marital property":
(1) property acquired by gift, legacy or descent;
(2) property acquired in exchange for property
acquired before the marriage or in exchange for property
acquired by gift, legacy or descent;
(3) property acquired by a spouse after a judgment
of legal separation;
(4) property excluded by valid agreement of the
parties;
(5) any judgment or property obtained by judgment
awarded to a spouse from the other spouse;
(6) property acquired before the marriage;
(7) the increase in value of property acquired by a
method listed in paragraphs (1) through (6) of this
subsection, irrespective of whether the increase results
from a contribution of marital property, non-marital
property, the personal effort of a spouse, or otherwise,
subject to the right of reimbursement provided in
subsection (c) of this Section; and
(8) income from property acquired by a method
listed in paragraphs (1) through (7) of this subsection
if the income is not attributable to the personal effort
of a spouse.
(b)(1) For purposes of distribution of property pursuant
to this Section, all property acquired by either spouse after
the marriage and before a judgment of dissolution of marriage
or declaration of invalidity of marriage, including
non-marital property transferred into some form of
co-ownership between the spouses, is presumed to be marital
property, regardless of whether title is held individually or
by the spouses in some form of co-ownership such as joint
tenancy, tenancy in common, tenancy by the entirety, or
community property. The presumption of marital property is
overcome by a showing that the property was acquired by a
method listed in subsection (a) of this Section.
(2) For purposes of distribution of property pursuant to
this Section, all pension benefits (including pension
benefits under the Illinois Pension Code) acquired by either
spouse after the marriage and before a judgment of
dissolution of marriage or declaration of invalidity of the
marriage are presumed to be marital property, regardless of
which spouse participates in the pension plan. The
presumption that these pension benefits are marital property
is overcome by a showing that the pension benefits were
acquired by a method listed in subsection (a) of this
Section. The right to a division of pension benefits in just
proportions under this Section is enforceable under Section
1-119 of the Illinois Pension Code.
The value of pension benefits in a retirement system
subject to the Illinois Pension Code shall be determined in
accordance with the valuation procedures established by the
retirement system.
The recognition of pension benefits as marital property
and the division of those benefits pursuant to a Qualified
Illinois Domestic Relations Order shall not be deemed to be a
diminishment, alienation, or impairment of those benefits.
The division of pension benefits is an allocation of property
in which each spouse has a species of common ownership.
(c) Commingled marital and non-marital property shall be
treated in the following manner, unless otherwise agreed by
the spouses:
(1) When marital and non-marital property are
commingled by contributing one estate of property into
another resulting in a loss of identity of the
contributed property, the classification of the
contributed property is transmuted to the estate
receiving the contribution, subject to the provisions of
paragraph (2) of this subsection; provided that if
marital and non-marital property are commingled into
newly acquired property resulting in a loss of identity
of the contributing estates, the commingled property
shall be deemed transmuted to marital property, subject
to the provisions of paragraph (2) of this subsection.
(2) When one estate of property makes a
contribution to another estate of property, or when a
spouse contributes personal effort to non-marital
property, the contributing estate shall be reimbursed
from the estate receiving the contribution
notwithstanding any transmutation; provided, that no such
reimbursement shall be made with respect to a
contribution which is not retraceable by clear and
convincing evidence, or was a gift, or, in the case of a
contribution of personal effort of a spouse to
non-marital property, unless the effort is significant
and results in substantial appreciation of the
non-marital property. Personal effort of a spouse shall
be deemed a contribution by the marital estate. The
court may provide for reimbursement out of the marital
property to be divided or by imposing a lien against the
non-marital property which received the contribution.
(d) In a proceeding for dissolution of marriage or
declaration of invalidity of marriage, or in a proceeding for
disposition of property following dissolution of marriage by
a court which lacked personal jurisdiction over the absent
spouse or lacked jurisdiction to dispose of the property, the
court shall assign each spouse's non-marital property to that
spouse. It also shall divide the marital property without
regard to marital misconduct in just proportions considering
all relevant factors, including:
(1) the contribution of each party to the
acquisition, preservation, or increase or decrease in
value of the marital or non-marital property, including
the contribution of a spouse as a homemaker or to the
family unit;
(2) the dissipation by each party of the marital or
non-marital property;
(3) the value of the property assigned to each
spouse;
(4) the duration of the marriage;
(5) the relevant economic circumstances of each
spouse when the division of property is to become
effective, including the desirability of awarding the
family home, or the right to live therein for reasonable
periods, to the spouse having custody of the children;
(6) any obligations and rights arising from a prior
marriage of either party;
(7) any antenuptial agreement of the parties;
(8) the age, health, station, occupation, amount
and sources of income, vocational skills, employability,
estate, liabilities, and needs of each of the parties;
(9) the custodial provisions for any children;
(10) whether the apportionment is in lieu of or in
addition to maintenance;
(11) the reasonable opportunity of each spouse for
future acquisition of capital assets and income; and
(12) the tax consequences of the property division
upon the respective economic circumstances of the
parties.
(e) Each spouse has a species of common ownership in the
marital property which vests at the time dissolution
proceedings are commenced and continues only during the
pendency of the action. Any such interest in marital
property shall not encumber that property so as to restrict
its transfer, assignment or conveyance by the title holder
unless such title holder is specifically enjoined from making
such transfer, assignment or conveyance.
(f) In a proceeding for dissolution of marriage or
declaration of invalidity of marriage or in a proceeding for
disposition of property following dissolution of marriage by
a court that lacked personal jurisdiction over the absent
spouse or lacked jurisdiction to dispose of the property, the
court, in determining the value of the marital and
non-marital property for purposes of dividing the property,
shall value the property as of the date of trial or some
other date as close to the date of trial as is practicable.
(g) The court if necessary to protect and promote the
best interests of the children may set aside a portion of the
jointly or separately held estates of the parties in a
separate fund or trust for the support, maintenance,
education, and general welfare of any minor, dependent, or
incompetent child of the parties. In making a determination
under this subsection, the court may consider, among other
things, the conviction of a party of any of the offenses set
forth in Section 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 if the
victim is a child of one or both of the parties, and there is
a need for, and cost of, care, healing and counseling for the
child who is the victim of the crime.
(h) Unless specifically directed by a reviewing court,
or upon good cause shown, the court shall not on remand
consider any increase or decrease in the value of any
"marital" or "non-marital" property occurring since the
assessment of such property at the original trial or hearing,
but shall use only that assessment made at the original trial
or hearing.
(i) The court may make such judgments affecting the
marital property as may be just and may enforce such
judgments by ordering a sale of marital property, with
proceeds therefrom to be applied as determined by the court.
(j) After proofs have closed in the final hearing on all
other issues between the parties (or in conjunction with the
final hearing, if all parties so stipulate) and before
judgment is entered, a party's petition for contribution to
fees and costs incurred in the proceeding shall be heard and
decided, in accordance with the following provisions:
(1) A petition for contribution, if not filed
before the final hearing on other issues between the
parties, shall be filed no later than 30 days after the
closing of proofs in the final hearing or within such
other period as the court orders.
(2) Any award of contribution to one party from the
other party shall be based on the criteria for division
of marital property under this Section 503 and, if
maintenance has been awarded, on the criteria for an
award of maintenance under Section 504.
(3) The filing of a petition for contribution shall
not be deemed to constitute a waiver of the
attorney-client privilege between the petitioning party
and current or former counsel; and such a waiver shall
not constitute a prerequisite to a hearing for
contribution. If either party's presentation on
contribution, however, includes evidence within the scope
of the attorney-client privilege, the disclosure or
disclosures shall be narrowly construed and shall not be
deemed by the court to constitute a general waiver of the
privilege as to matters beyond the scope of the
presentation.
(4) No finding on which a contribution award is
based or denied shall be asserted against counsel or
former counsel for purposes of any hearing under
subsection (c) or (e) of Section 508.
(5) A contribution award (payable to either the
petitioning party or the party's counsel, or jointly, as
the court determines) may be in the form of either a set
dollar amount or a percentage of fees and costs (or a
portion of fees and costs) to be subsequently agreed upon
by the petitioning party and counsel or, alternatively,
thereafter determined in a hearing pursuant to subsection
(c) of Section 508 or previously or thereafter determined
in an independent proceeding under subsection (e) of
Section 508.
(6) The changes to this Section 503 made by this
amendatory Act of 1996 apply to cases pending on or after
June 1, 1997, except as otherwise provided in Section
508.
(Source: P.A. 88-45; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96; 89-712, eff. 6-1-97.)
Section 99. Effective date. This Act takes effect July
1, 1999 or 6 months after becoming law, whichever is later.