Qildrovchilar Form PDF Details

Divorce and legal separation often introduce complex matters related to the division of assets, including the allocation of retirement benefits. In Illinois, the Qualified Illinois Domestic Relations Order (QILDRO) is a critical legal instrument in this process, specifically designed to ensure that retirement benefits are equitably divided between parties. When a QILDRO is utilized in legal proceedings, the QILDRO Calculation Court Order form becomes a fundamental document, guiding the precise division of benefits from the Illinois Municipal Retirement Fund. This form is meticulously structured to prevent any alterations that could invalidate the order. It demands specific inputs such as the court's judicial district, the details of the parties involved, and direct instructions for calculating the share deemed payable to the alternate payee. Through a series of carefully laid out sections, it establishes a clear methodology for determining the marital and gross benefit portions, whether in terms of monthly annuities, full or partial refunds, or death benefits. Furthermore, it underscores the judiciary's continuing jurisdiction over the matter, allowing for amendments and clarifications to the original agreement as needed. This ensures a dynamic framework that adapts to the evolving circumstances of the involved parties while remaining strictly within the bounds of the law. As such, the QILDRO Calculation Court Order form is a pivotal element in the equitable distribution of retirement assets in Illinois divorce or separation cases.

QuestionAnswer
Form NameQildrovchilar Form
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namesquildro calculation court order, qildro calculation, imrf qildro order, qildro calculation court order state universities retirement system

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Instructions for QILDRO Calculation Court Order

Please follow these instructions for completing the QILDRO Calculation Court

Order form on the following page. Do not alter the form. Doing so will invalidate the order.

This form is required only if the QILDRO requires payment of any benefit to be calculated using the marital portion benefit calculation formula or a percentage of gross benefit.

Caption:

Enter court's judicial district and county. The issuing court must be an Illinois court.

Enter the case caption and case number.

Section 2:

Enter the name, mailing address and social security number of the member and of the alternate payee.

Stipulate the alternate payee's relationship to the member.

Sections 3 and 4:

If the court orders this

…then the following subsection of the

benefit in the QILDRO…

QILDRO Calculation Order must be completed

 

 

 

 

 

 

Section 3

Section 4

QILDRO Section:

% of Marital Portion

% of Gross Benefit

 

 

 

 

III –

Monthly Annuity

3a

4a

 

 

 

 

V –

Full Refund

3b

4b

 

 

 

 

VI –

Partial Refund

3c

4c

 

 

 

VII – Death Benefit

3d

4d

 

 

 

 

Signature Lines: The QILDRO Calculation Order must be signed and dated by the issuing judge.

Instructionstructions:QILDROConsentCalc Orderto Issuance Pageof QILDRO1 of 1

IN THE CIRCUIT COURT OF THE ________________________________ JUDICIAL DISTRICT

_____________________________________________________________ COUNTY, ILLINOIS

)

 

Petitioner

)

No. _______________

 

 

vs.

 

)

 

Respondent )

QILDRO Calculation Court Order

Illinois Municipal Retirement Fund

THIS CAUSE coming before the Court for the purpose of the entry of a QILDRO Calculation Court Order under the provisions of Section 1-119 of the Illinois Pension Code (40 ILCS 5/1-119), the Court having jurisdiction over the parties and the subject matter hereof; the Court finding that a QILDRO has previously been entered in this matter, that the QILDRO has been received and accepted by the Retirement System, and that the QILDRO requires percentage calculations to allocate the alternate payee's share of the member's benefit or refund, the Court not having found that the QILDRO has become void or invalid, 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 (40 ILCS 5/1-119) are adopted by reference and made part of this Order.

(2)Identification of Retirement System and parties:

Retirement System: Illinois Municipal Retirement Fund

2211 York Dr., Suite 500

Oak Brook, IL 60523-2337

Member: ___________________________________________________

(Name)

___________________________________________________

(Mailing address)

___________________________________________________

(Social Security Number)

Alternate Payee: ___________________________________________________

(Name)

___________________________________________________

(Mailing Address)

___________________________________________________

(Social Security Number)

The Alternate payee is the member’s (check one):

current or former spouse

 

current or former civil union partner

 

 

child or other dependent.

 

 

 

 

 

 

 

 

 

 

 

Instructions: QILDRO Calculation Court Order

Member Name _______________________________ QILDRO : Calc Order

Page 1 of 3

 

 

 

 

 

 

 

(3)The following shall apply if and only if the QILDRO allocated benefits to the alternate payee in the specific Section noted. The Retirement System shall pay the amounts as directed below, but only if and when the benefits are payable pursuant to the QILDRO and Section 1-119 of the Illinois Pension Code (40 ILCS 5/1-119). Parties shall see QILDRO Section IX for the definitions of A, B, C and D as used below.

(a)The alternate payee's benefit pursuant to QILDRO Section III(A)(2) shall be calculated pursuant to Section IX of the QILDRO and paid as follows:

(___________/___________) X _____________ X _____________ = ______________________________

(Enter A) (Enter B)

(Enter C)

(Enter D)

(Monthly Amount)

(b)The alternate payee's benefit pursuant to QILDRO Section V(A)(2) shall be calculated pursuant to Section IX of the QILDRO and paid as follows:

(___________/___________) X _____________ X _____________ = ______________________________

(Enter A) (Enter B)

(Enter C)

(Enter D)

(Amount)

(c)The alternate payee's benefit pursuant to QILDRO Section VI(A)(2) shall be calculated pursuant to Section IX of the QILDRO and paid as follows:

(___________/___________) X _____________ X _____________ = ______________________________

(Enter A) (Enter B)

(Enter C)

(Enter D)

(Amount)

(d)The alternate payee's benefit pursuant to QILDRO Section VII(A)(2) shall be calculated pursuant to Section IX of the QILDRO and paid as follows:

(___________/___________) X _____________ X _____________ = ______________________________

(Enter A) (Enter B)

(Enter C)

(Enter D)

(Amount)

The Retirement System's sole obligation with respect to the equations in this paragraph (3) is to pay the amounts as indicated as a result of the equations. The Retirement System shall have no obligation to review or verify the equations or to assist in the calculations used to determine such amounts.

(4)The following shall apply only if the QILDRO allocated benefits to the alternate payee in the specific Section noted. The Retirement System shall pay the amounts as directed below, but only if and when the benefits are payable pursuant to the QILDRO and Section 1-119 of the Illinois Pension Code (40 ILCS 5/1-119).

(a) The alternate payee's benefit pursuant to QILDRO Section III(A)(3) shall be calculated and paid as follows:

(____________________________) X __________________ = ______________________________

(Gross Benefit Amount)

(Percentage)

(Monthly Amount)

Member Name _______________________________ QILDRO : Instructions:Calc Order QILDRO Calculation CourtPageOrder2 of 3

(b) The alternate payee's benefit pursuant to QILDRO Section V(A)(3) shall be calculated and paid as follows:

(____________________________) X __________________ = ______________________________

(Gross Benefit Amount)

(Percentage)

(Amount)

(c) The alternate payee's benefit pursuant to QILDRO Section VI(A)(3) shall be calculated and paid as follows:

(____________________________) X __________________ = ______________________________

(Gross Benefit Amount)

(Percentage)

(Amount)

(d) The alternate payee's benefit pursuant to QILDRO Section VII(A)(3) shall be calculated and paid as follows:

(____________________________) X __________________ = ______________________________

(Gross Benefit Amount)

(Percentage)

(Amount)

The Retirement System's sole obligation with respect to the equations in this paragraph (4) is to pay the amounts indicated as the result of the equations. The Retirement System shall have no obligation to review or verify the equations or to assist in the calculations used to determine such amounts.

(5)The Court retains jurisdiction over this matter for the following purposes:

(A)To establish or maintain this Order as a QILDRO Calculation Court Order;

(B)To enter amended QILDROs and QILDRO Calculation Court Orders to conform to the parties’ QILDRO, Marital Settlement Agreement or Agreement for Legal Separation ("Agreement"), to the parties' Judgment for Dissolution of Marriage or Civil Union or Judgment for Legal Separation ("Judgment"), to any modifications of the parties’ QILDRO, Agreement, or Judgment, or to any supplemental orders entered to clarify the parties' QILDRO, Agreement, or Judgment; and

(C)To enter supplemental orders to clarify the intent of the parties or the Court regarding the benefits allocated herein in accordance with the parties' Agreement or Judgment, with any modifications of the parties' Agreement or Judgment, or with any supplemental orders entered to clarify the parties' Agreement or Judgment. A supplemental order may not require the Retirement System to take any action not permitted under Illinois law or the Retirement System's administrative rules. To the extent the supplemental order does not conform to Illinois law or administrative rule, it shall not be binding upon the Retirement System.

DATED: __________________________________________

SIGNED: __________________________________________

(Judge's Signature)

 

 

 

Instructions: QILDRO Calculation Court Order

 

Member Name _______________________________ QILDRO : Calc Order

Page 3 of 3

 

 

 

 

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