In Re Marriage of Blazis

634 N.E.2d 1295, 261 Ill. App. 3d 855, 199 Ill. Dec. 941, 1994 Ill. App. LEXIS 877
CourtAppellate Court of Illinois
DecidedJune 9, 1994
Docket4-93-0731
StatusPublished
Cited by18 cases

This text of 634 N.E.2d 1295 (In Re Marriage of Blazis) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Blazis, 634 N.E.2d 1295, 261 Ill. App. 3d 855, 199 Ill. Dec. 941, 1994 Ill. App. LEXIS 877 (Ill. Ct. App. 1994).

Opinion

JUSTICE STEIGMANN

delivered the opinion of the court:

In November 1992, the trial court entered a judgment dissolving the 25-year marriage between Virginia Blazis, petitioner, and Robert Blazis, respondent. In April 1993, after receiving evidence and memoranda from both parties, the court entered an order distributing the marital property. In this order, the court also required respondent to pay a portion of petitioner’s attorney fees. The court subsequently denied respondent’s motion for reconsideration.

Respondent appeals, arguing that the trial court (1) abused its discretion in dividing his pension between the parties, (2) erred by finding that monies he received from his mother during the marriage were not a marital debt, and (3) abused its discretion by requiring him to pay a portion of petitioner’s attorney fees without conducting an evidentiary hearing on the matter.

We affirm.

I. BACKGROUND

Petitioner (43 years old at the time of these proceedings) and respondent (44 years old) married in June 1967. They had two children during their marriage, who were both adults at the time of these proceedings. In January 1992, petitioner filed a petition for dissolution of the marriage, which the trial court granted in November 1992. The court held hearings in October and December 1992 concerning the division of the marital property.

At the time of these proceedings, respondent was employed by the Illinois State Board of Education (ISBE) as the assistant superintendent of administrative services. He had worked at ISBE for more than 20 years, and his current salary was over $76,000. Because he worked for the ISBE, he was mandatorily covered under the Illinois Teachers’ Retirement System (ITRS) in lieu of participation in the social security system, and thus paid approximately 8% of each paycheck into ITRS. See Ill. Rev. Stat. 1991, ch. 108½, par. 16—152.

During the hearings, Dr. Thomas Langford testified on behalf of petitioner as an expert concerning the estimated present value of respondent’s ITRS pension. Langford determined that value by using generally accepted economic techniques and principles, as well as a "formula” method and an "actuarial” method. He used these methods because ITRS was statutorily required to calculate respondent’s actual pension benefits under both methods. He explained that the amount of the actual pension benefits (when a covered employee actually retires) is determined by the greater of the benefit amount computed under the formula method or under the actuarial method. See Ill. Rev. Stat. 1991, ch. 108½, par. 16—133(a).

In computing the value of respondent’s pension benefit under both methods, Langford relied upon the following information: (1) respondent’s current age; (2) an assumed retirement when respondent reached 60 years of age; (3) the Illinois mortality tables from the National Center for Health Statistics; and (4) an interest rate based upon the average effective yields for U.S. Treasury Bills as listed in the Wall Street Journal. Langford used this interest rate to calculate the present value (in 1992 dollars) of pension benefits respondent should receive after he retires. Langford also explained that he assumed respondent’s retirement at 60 years of age because retirement at an earlier age could incur a penalty, resulting in a reduction in the amount of pension benefits. See Ill. Rev. Stat. 1991, ch. 108½, par. 16—133(a)(B).

Langford noted that the formula method is based upon a mathematical formula set forth in the statutory framework for ITRS. (See Ill. Rev. Stat. 1991, ch. 108½, par. 16—133(a)(6).) When employing this method, Langford relied upon the following additional information (not used by the actuarial method) to calculate respondent’s estimated pension benefit: (1) respondent’s years of credited service with ITRS at the time of the hearing; and (2) a final, averaged yearly salary based upon the last four years of respondent’s employment prior to the hearing. Under this method, Langford determined that the marital portion of the present value of respondent’s retirement benefits, as of the day before the October hearing, was $73,818.

Langford next testified about the results he calculated using the actuarial method. The actuarial method takes the balance of contributions an employee paid into ITRS, plus interest, and compares it to the value of an annuity that could be purchased in the private sector with that balance. Therefore, respondent’s estimated pension benefit would equal the yearly payments from such an annuity. When using this method, Langford relied upon the following additional information (not used by the formula method) to calculate respondent’s estimated pension benefit: (1) the total amount of contributions respondent made into ITRS, plus interest; and (2) an averaged interest rate available in the private sector on an annuity. Under this method, Langford determined that the marital portion of the present value of respondent’s retirement benefits, as of the day before the October hearing, was $118,664.

During cross-examination, Langford testified that the basic difference between the actuarial method and the formula method is the difference in the interest rates used to arrive at respondent’s estimated pension benefit. Under the formula method, the statute assumes a certain rate of earnings in its mathematical formula; whereas, under the actuarial method, the interest rate structure is based upon the market rate of a private sector annuity. He acknowledged that the actuarial method is subject to more future assumptions than the formula method — mainly that an annuity could be purchased in the future at the same cost it could be purchased today. He also acknowledged that respondent would incur a risk that he could die prior to his retirement and not receive any payments from his pension, while petitioner would not share this risk if she received her portion of the pension up front.

Jay Buck, a certified public accountant, testified as an expert for respondent on the estimated present value of respondent’s pension. Buck determined the present value of respondent’s pension by using only the formula method. Under this method, Buck calculated that the marital portion of the present value (as of June 1, 1992) of respondent’s pension was $75,325. Buck noted that his calculations differed from Langford’s because (1) he assumed a different interest rate, and (2) he used life expectancy probabilities, instead of the likelihood of death probabilities used by Langford. Buck stated that while his calculations differed from Langford’s, both were done according to acceptable accounting principles and practices.

Buck wrote respondent a letter explaining that he did not utilize the actuarial method because it is based upon "assumptions, including future post[-]marital growth of contributions.” Buck testified that assumptions about interest rates and mortality rates are also included in the assumptions underlying the actuarial method. He noted that ITRS does not provide specific calculations for the actuarial method as it does for the formula method.

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Cite This Page — Counsel Stack

Bluebook (online)
634 N.E.2d 1295, 261 Ill. App. 3d 855, 199 Ill. Dec. 941, 1994 Ill. App. LEXIS 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-blazis-illappct-1994.