TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE D: RETIREMENT SYSTEMS CHAPTER III: TEACHERS' RETIREMENT SYSTEM OF THE STATE OF ILLINOIS PART 1650 THE ADMINISTRATION AND OPERATION OF THE TEACHERS' RETIREMENT SYSTEM SECTION 1650.1123 SUSPENSION AND EXPIRATION OF A QILDRO
Section 1650.1123 Suspension and Expiration of a QILDRO
a) If a member who is an annuitant of the System subject to a valid QILDRO re-enters active TRS membership, payments to the alternate payee will be suspended for the same period of time that the member’s retirement benefits are suspended. Resumption of the alternate payee’s payments will be subject to the same limitations that apply to resumption of the member’s benefits.
b) A QILDRO expires:
1) Upon the death of the alternate payee, in which case the right to receive the affected benefit or refund will revert to the member or the member's designated beneficiaries.
2) Upon the death of the member and payment of all amounts subject to the QILDRO.
3) When the member takes a refund that terminates membership in the System, even if the member’s refund is paid to an alternate payee. A QILDRO that expires because the member took a refund is not revived by the member’s subsequent return to membership in the System.
4) In accordance with the provisions of a valid court order terminating the QILDRO.
5) After payment of all amounts provided in the QILDRO.
6) Upon receipt of a valid QILDRO applicable to the same member and same alternate payee as provided in subsection (c).
c) Only one valid QILDRO may be in effect at any given time for the same member and same alternate payee. If the System has a valid QILDRO on file and subsequently receives another valid QILDRO applicable to the same member and same alternate payee, the subsequently received valid QILDRO shall supersede and replace the immediately preceding valid QILDRO, and the immediately preceding valid QILDRO shall be deemed expired. A QILDRO that expires due to receipt of a subsequent valid QILDRO is not automatically revived by a court order vacating or terminating the subsequent QILDRO. Any subsequent QILDRO must be submitted to the System as provided in Section 1650.1114.
(Source: Amended at 47 Ill. Reg. 9473, effective June 22, 2023) |