How IMRF Benefits Can Be Divided in Divorce

If you divorce, your IMRF benefits can be considered marital assets, whether you are:

An active IMRF member.
Receiving an IMRF retirement pension.
No longer participating in IMRF but left your contributions on file.

If you are considering a divorce, IMRF recommends that you consult with your personal attorney. While IMRF can answer factual questions about your benefits, we cannot give you legal advice.

Illinois law requires a QILDRO to divide IMRF benefits

Will your spouse get a portion of your IMRF benefits when you divorce? If so, you will need a Qualified Illinois Domestic Relations Order (QILDRO).

A QILDRO (pronounced kwil-drō) document is a court order issued by an Illinois court. It directs IMRF to pay your alternate payee the portion of your IMRF benefits that you have agreed upon during your divorce negotiations.

By law, IMRF must have a valid QILDRO on file or we cannot pay your alternate payee. IMRF cannot accept anything else in place of a QILDRO.

IMRF benefits that CAN be included in a QILDRO	IMRF benefits that CANNOT be included in a QILDRO
Retirement benefit—Current pension payments if you are a retiree, future pension payments if you have not retired yet. Contribution refunds—Separation refunds taken before you retire. Can only be taken if you stop participating in IMRF. Partial refund of contributions—Refunds you may be eligible to take at the time you retire, such as SLEP, ECO, or surviving spouse contributions. Surviving spouse contributions are 16.67% of your total contributions. Lump sum death benefits Your QILDRO may apply to all or some of these benefits, depending on what is decided in the divorce. For detailed information about your IMRF benefits, review the information for your IMRF Plan and Tier at www.imrf.org.	Disability payments—IMRF cannot pay your *alternate payee* any part of disability payments. If you are on disability but eligible to retire, you must apply for and begin receiving your retirement benefits before we can pay your *alternate payee. 13th Payment—You receive this every July in retirement (once you have received 12 consecutive pension payments). IMRF cannot pay this benefit to anyone but you. If you agreed to pay your alternate payee* a portion of your 13th Payment, you must pay your alternate payee directly. Surviving spouse pension—Illinois law defines an eligible spouse. A QILDRO can never: Include a surviving spouse pension for an *alternate payee*. Prevent a surviving spouse pension from being paid to an eligible spouse. Voluntary Additional Contributions (VAC)—IMRF cannot pay this benefit to anyone but you. If you agreed to pay your alternate payee a portion of your VAC, you must pay your alternate payee directly.

IMRF benefits that CAN be included in a QILDRO

IMRF benefits that CANNOT be included in a QILDRO

Retirement benefit—Current pension payments if you are a retiree, future pension payments if you have not retired yet.
Contribution refunds—Separation refunds taken before you retire. Can only be taken if you stop participating in IMRF.
Partial refund of contributions—Refunds you may be eligible to take at the time you retire, such as SLEP, ECO, or surviving spouse contributions. Surviving spouse contributions are 16.67% of your total contributions.
Lump sum death benefits

Your QILDRO may apply to all or some of these benefits, depending on what is decided in the divorce. For detailed information about your IMRF benefits, review the information for your IMRF Plan and Tier at www.imrf.org.

Disability payments—IMRF cannot pay your alternate payee any part of disability payments. If you are on disability but eligible to retire, you must apply for and begin receiving your retirement benefits before we can pay your alternate payee.
13th Payment—You receive this every July in retirement (once you have received 12 consecutive pension payments). IMRF cannot pay this benefit to anyone but you. If you agreed to pay your alternate payee a portion of your 13th Payment, you must pay your alternate payee directly.
Surviving spouse pension—Illinois law defines an eligible spouse. A QILDRO can never:

Include a surviving spouse pension for an alternate payee.
Prevent a surviving spouse pension from being paid to an eligible spouse.

Voluntary Additional Contributions (VAC)—IMRF cannot pay this benefit to anyone but you. If you agreed to pay your alternate payee a portion of your VAC, you must pay your alternate payee directly.

Note: Because IMRF does not provide health insurance benefits, they cannot be included in a QILDRO.

Understanding Plans and Tiers

Log in to your Member Access account today!

Attention Employers

How Benefits Can Be Divided in Divorce

Illinois law requires a QILDRO to divide IMRF benefits