Marital Property in Illinois Public Pension
Plans (PART II): Actuarial Valuation, QILDROs
and the QILDRO Discount
Marital Property in Illinois Public Pension
Plans (PART II): Actuarial Valuation, QILDROs
and the QILDRO Discount
Example if divided by QILDRO: Assume a former spouse is awarded 40% of the total pension (see above), the actuarial present value to former spouse should be $194,000. If divided by QILDRO, former spouse’s 40% share applies ONLY to the benefit while both member and former spouse are jointly alive (the QILDRO discount). The value of the QILDRO benefit and QILDRO discount are as follows:
Value while both parties are alive: $420,000 (subject to QILDRO) Value while member is alive only: $66,000 (off limits to QILDRO) Value while former spouse is alive only: $0 (survivor benefit off limits) Total Value of all payments: $486,000. Less value while member alive only: ($66,000) (off limits to former spouse)
Loss of value to former spouse if QILDRO is implemented instead of valuation:
Intended award: $194,000 QILDRO award: ($168,000) Loss in value to former spouse: $26,000 (the QILDRO Discount)
Ultimately, when dissolving a marriage that involves a QILDRO it is crucial as my colleague Anne Prenner Schmidt notes “to look holistically at the assignment of the pension and other property and income of the parties to fully understand the limitations in of the former spouse’s share. Having a valuation done can help the parties fully understand what the dissolution proceedings are leaving on the table or assigning away and make sure the parties are making decisions that will have long lasting success, thereby, preventing post decree actions and confusion.
Article published in the Newsletter of the Illinois State Bar Association’s Section on Family Law. The publication can be found here.