Illinois Compiled Statutes
40 ILCS 5/1-119 (2026)
✓ current as of May 2026
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| Section III(A)(3) shall be calculated and paid as follows: |
.................... X ............... = .................[Gross benefit amount] [Percentage] [Monthly Amount] (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 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]
(o) (1) A court in Illinois that has issued a QILDRO shall retain
jurisdiction of all issues relating to the modification of the QILDRO as indicated in Section XII of the QILDRO and in accordance with Illinois law. A court in Illinois that has issued a QILDRO Calculation Court Order shall retain jurisdiction of all issues relating to the modification of the QILDRO Calculation Court Order as indicated in Section 5 of the QILDRO Calculation Court Order and in accordance with Illinois law. (2) 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.
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), except that no retirement system may change that form in a way that limits the choices provided to the alternate payee in subsections (n) or (n-5). Each retirement system may by rule
require that additional information be included in
QILDROs presented to the system, as may be necessary to meet the needs of
the retirement system.
(3) Each retirement system shall define its blank model QILDRO form and blank model QILDRO Calculation Court Order form as an original of the forms or a paper copy of the forms. Each retirement system shall, whenever possible, make the forms available on the internet in non-modifiable computer format (for example, Adobe Portable Document Format files) for printing purposes. (4) If a retirement system in good faith implements an order under this Section that follows substantially the same form as the model order and the retirement system later discovers that the implemented order was not absolutely identical to the retirement system's model order, the retirement system's implementation shall not be a violation of this Section and the retirement system shall have no responsibility to compensate the member or the alternate payee for moneys that would have been paid or not paid had the order been identical to the model order.
(Source: P.A. 93-347, eff. 7-24-03; 94-657, eff. 7-1-06.)
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 2008–2024 · leading case: In re Marriage of Zamudio, 2019 IL 124676 (Ill. 2019).
In re Marriage of Zamudio, 2019 IL 124676 (Ill. 2019). “See 40 ILCS 5/14-104(j) (West 2016) (allowing purchase of pension service credit for up to four years of active duty military service); 40 ILCS 5/1-119(5.5), (7.5) (West 2016) (defining “permissive service” to include, in relevant part, “service credit purchased by the member”…”
In re Marriage of Winter, 2013 IL App (1st) 112836 (Ill. App. Ct. 2013). “The 2005 judgment of dissolution awarded the entire marital portion of this pension to Ana via a “Qualified Illinois Domestic Relations Order” (QILDRO) (40 ILCS 5/1-119 (West 2004)). ¶4 Initially, Jerome blocked Ana’s receipt of any pension payments by refusing to sign a consent…”
In re Marriage of Benson, 2015 IL App (4th) 140682 (Ill. App. Ct. 2015). “¶ 36 Section 1-119 (40 ILCS 5/1-119(a)(6) (West 2012)) of the Pension Code provides a QILDRO is “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.”
In re Marriage of Wehr, 2021 IL App (2d) 200726 (Ill. App. Ct. 2021). “) ¶6 The QILDRO bore an IMRF logo and stated that it incorporated the definitions and other provisions of section 1-119 of the Illinois Pension Code (Code) (40 ILCS 5/1-119 (West 2018)). The QILDRO followed the format specified in section 1-119(n) of the Code (id.”
In re Marriage of Kehoe, 2012 IL App (1st) 110644 (Ill. App. Ct. 2012). “40 ILCS 5/1-119(l)(2) (West 2000). However, the individual who is the alternate payee of the voided domestic relations order can petition the court for an amended order, such as a QILDRO, which complies with the amended statute.”
In re Marriage of Zamudio, 2019 IL 124676 (Ill. 2020). “) 40 ILCS 5/1-119(5.5) (West 2016). The military service, therefore, only made Frank eligible to purchase or “acquire” the permissive service credit through the monetary contribution required by the Pension Code.”
Brown v. Vancil, Jr. (C.D. Ill. 2024). “She seeks further relief “from the unconstitutional 40 ILCS 5/1-119 Qualified Illinois Domestic Relations Order [(“QILDRO”)] of which not one Judge who presided over Plaintiff’s case has taken the time to look into.”
Ebner v. Beatty (In re Beatty), 541 B.R. 428 (Bankr. N.D. Ill. 2015). “” The Illinois QILDRO statute, which became effective in 1999, governs the distribution of rights under state retirement systems in divorce proceedings and contains a provision specifically addressing this constitutional provision.”
In re Marriage of Culp (Ill. App. Ct. 2010). “40 ILCS 5/1-119 (West 2008). A "QILDRO" is "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.”
In Re Marriage of Schurtz, 891 N.E.2d 415 (Ill. App. Ct. 2008). “" 40 ILCS 5/1-119(b)(4) (West 2004). Thus, the amici maintain, the express language of the pension code excludes disability benefits from payment to an alternate payee.”
In re Marriage of Winter (Ill. App. Ct. 2008). “Winter's judgment obligation to obtain the necessary documents from the Pension Fund for the entry of such an order.”
In re Marriage of Norton, 2024 IL App (1st) 231923-U (Ill. App. Ct. 2024). “1-23-1923 ¶3 In May 2022, the circuit court entered a Qualified Illinois Domestic Relations Order (QILDRO), which addressed Valencia’s right to receive a portion of Alexsei’s accrued benefits in a public employee retirement system (see 40 ILCS 5/1-119(a)(6) (West 2022)). While…”
— 40 ILCS 5/1-119(a)(2) — 1 case
Ebner v. Beatty (In re Beatty), 541 B.R. 428 (Bankr. N.D. Ill. 2015). “” The Illinois QILDRO statute, which became effective in 1999, governs the distribution of rights under state retirement systems in divorce proceedings and contains a provision specifically addressing this constitutional provision.”
— 40 ILCS 5/1-119(a)(6) — 5 cases
In re Marriage of Benson, 2015 IL App (4th) 140682 (Ill. App. Ct. 2015). “¶ 36 Section 1-119 (40 ILCS 5/1-119(a)(6) (West 2012)) of the Pension Code provides a QILDRO is “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.”
In re Marriage of Culp (Ill. App. Ct. 2010). “40 ILCS 5/1-119 (West 2008). A "QILDRO" is "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.”
Brown v. Vancil, Jr. (C.D. Ill. 2024). “She seeks further relief “from the unconstitutional 40 ILCS 5/1-119 Qualified Illinois Domestic Relations Order [(“QILDRO”)] of which not one Judge who presided over Plaintiff’s case has taken the time to look into.”
In re Marriage of Norton, 2024 IL App (1st) 231923-U (Ill. App. Ct. 2024). “1-23-1923 ¶3 In May 2022, the circuit court entered a Qualified Illinois Domestic Relations Order (QILDRO), which addressed Valencia’s right to receive a portion of Alexsei’s accrued benefits in a public employee retirement system (see 40 ILCS 5/1-119(a)(6) (West 2022)). While…”
Ebner v. Beatty (In re Beatty), 541 B.R. 428 (Bankr. N.D. Ill. 2015). “” The Illinois QILDRO statute, which became effective in 1999, governs the distribution of rights under state retirement systems in divorce proceedings and contains a provision specifically addressing this constitutional provision.”
— 40 ILCS 5/1-119(b)(2) — 1 case
In re Marriage of Benson, 2015 IL App (4th) 140682 (Ill. App. Ct. 2015). “¶ 36 Section 1-119 (40 ILCS 5/1-119(a)(6) (West 2012)) of the Pension Code provides a QILDRO is “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.”
— 40 ILCS 5/1-119(b)(4) — 3 cases
In re Marriage of Benson, 2015 IL App (4th) 140682 (Ill. App. Ct. 2015). “¶ 36 Section 1-119 (40 ILCS 5/1-119(a)(6) (West 2012)) of the Pension Code provides a QILDRO is “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.”
In Re Marriage of Schurtz, 891 N.E.2d 415 (Ill. App. Ct. 2008). “" 40 ILCS 5/1-119(b)(4) (West 2004). Thus, the amici maintain, the express language of the pension code excludes disability benefits from payment to an alternate payee.”
In re Marriage of Culp (Ill. App. Ct. 2010). “40 ILCS 5/1-119 (West 2008). A "QILDRO" is "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.”
— 40 ILCS 5/1-119(c)(1) — 1 case
Ebner v. Beatty (In re Beatty), 541 B.R. 428 (Bankr. N.D. Ill. 2015). “” The Illinois QILDRO statute, which became effective in 1999, governs the distribution of rights under state retirement systems in divorce proceedings and contains a provision specifically addressing this constitutional provision.”
— 40 ILCS 5/1-119(c)(2) — 1 case
Ebner v. Beatty (In re Beatty), 541 B.R. 428 (Bankr. N.D. Ill. 2015). “” The Illinois QILDRO statute, which became effective in 1999, governs the distribution of rights under state retirement systems in divorce proceedings and contains a provision specifically addressing this constitutional provision.”
— 40 ILCS 5/1-119(d)(1) — 1 case
Ebner v. Beatty (In re Beatty), 541 B.R. 428 (Bankr. N.D. Ill. 2015). “” The Illinois QILDRO statute, which became effective in 1999, governs the distribution of rights under state retirement systems in divorce proceedings and contains a provision specifically addressing this constitutional provision.”
— 40 ILCS 5/1-119(l)(2) — 1 case
In re Marriage of Kehoe, 2012 IL App (1st) 110644 (Ill. App. Ct. 2012). “40 ILCS 5/1-119(l)(2) (West 2000). However, the individual who is the alternate payee of the voided domestic relations order can petition the court for an amended order, such as a QILDRO, which complies with the amended statute.”
— 40 ILCS 5/1-119(m) — 1 case
In re Marriage of Winter, 2013 IL App (1st) 112836 (Ill. App. Ct. 2013). “The 2005 judgment of dissolution awarded the entire marital portion of this pension to Ana via a “Qualified Illinois Domestic Relations Order” (QILDRO) (40 ILCS 5/1-119 (West 2004)). ¶4 Initially, Jerome blocked Ana’s receipt of any pension payments by refusing to sign a consent…”
— 40 ILCS 5/1-119(m)(1) — 2 cases
In re Marriage of Winter (Ill. App. Ct. 2008). “Winter's judgment obligation to obtain the necessary documents from the Pension Fund for the entry of such an order.”
Ebner v. Beatty (In re Beatty), 541 B.R. 428 (Bankr. N.D. Ill. 2015). “” The Illinois QILDRO statute, which became effective in 1999, governs the distribution of rights under state retirement systems in divorce proceedings and contains a provision specifically addressing this constitutional provision.”
— 40 ILCS 5/1-119(n) — 1 case
In re Marriage of Culp (Ill. App. Ct. 2010). “40 ILCS 5/1-119 (West 2008). A "QILDRO" is "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.”
— 40 ILCS 5/1-119(n)(IX)(1) — 1 case
In re Marriage of Wehr, 2021 IL App (2d) 200726 (Ill. App. Ct. 2021). “) ¶6 The QILDRO bore an IMRF logo and stated that it incorporated the definitions and other provisions of section 1-119 of the Illinois Pension Code (Code) (40 ILCS 5/1-119 (West 2018)). The QILDRO followed the format specified in section 1-119(n) of the Code (id.”
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