80 Ill. Adm. Code 1600.665
Providing Benefit Information for Divorce Purposes
Section 1600
Section 1600.665Â Providing
Benefit Information for Divorce Purposes
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)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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)Â Â Â Â Â Â Â Â 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.
c)Â Â Â Â Â Â Â Â Information provided by SURS for divorce purposes does not include
the value of a member's retirement benefit accrued during an academic year for
which data are not yet on file with SURS.
d)Â Â Â Â Â Â Â Â Information provided by SURS for divorce purposes does not
reflect an actuarial opinion as to the present value of a member's retirement
benefit, refund or other interests.
e)Â Â Â Â Â Â Â Â Information provided by SURS for divorce purposes reflects the
member's total service career for which service credit in SURS has accrued, and
is not isolated as to the marital period only.
f)Â Â Â Â Â Â Â Â While SURS makes every effort to provide accurate information
for divorce purposes, benefit estimates are by their nature approximate and
subject to revision due to errors, omissions, erroneous assumptions, or future
changes in the rules and laws governing SURS.
g)Â Â Â Â Â Â Â Â SURS does not disclose information for divorce purposes to
spouses, former spouses, relatives or other third parties, including the
member's attorney, except in response to the member's written authorization to
release the information, in response to a subpoena, or in accordance with
subsections (a) and (b) of this Section.