In Re Marriage of Culp

936 N.E.2d 1040, 399 Ill. App. 3d 542, 344 Ill. Dec. 283, 2010 Ill. App. LEXIS 238
Appellate Court of Illinois·Decided March 26, 2010·No. 4-09-0605·Published·Cited by 14 cases

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

In February 1999, petitioner, Jerold S. Culp (Jerry), filed a petition for the dissolution of his marriage to respondent, Susan K. Culp, n/k/a Susan Fox. As part of their settlement agreement, the parties agreed Jerry’s retirement benefits were to be “equally divided as of April 20, 1999, pursuant to a separate [Qualified Illinois Domestic Relations Order (QILDRO)].” Because Jerry was not near retirement at the time of the dissolution, the trial court reserved jurisdiction for the entry of a QILDRO at a later date.

In January 2009, Susan filed a motion for entry of a QILDRO along with a proposed order directing Jerry to sign his consent to the QILDRO. The proposed QILDRO set forth a formula for determining the value of the marital portion of Jerry’s pension and dividing it between the parties. After a March 2009 hearing at which Jerry objected to Susan’s proposed QILDRO, the trial court entered a written order directing Jerry to sign his consent.

Jerry appeals, arguing the trial court erred in finding Susan’s proposed QILDRO conformed to the parties’ settlement agreement. We disagree and affirm.

I. BACKGROUND

The parties married June 7, 1975. In February 1999, Jerry filed for dissolution of marriage. At the time Jerry filed the dissolution petition, he was 43 years old and employed as a master sergeant with the Illinois State Police (ISP).

In June 1999, the trial court entered its dissolution order, reserving unresolved issues for a later date. In August 1999, the court conducted a final hearing in which the parties entered into a settlement agreement on all remaining issues. The agreement provided for the custody, support, education expenses, and visitation of the parties’ minor child and distribution of the parties’ property. Pertinent to this appeal is the distribution of Jerry’s State Employees’ Retirement System (SERS) defined-benefit plan pension, which he obtained from his employment with ISP

The pension’s value began to accumulate during the marriage, as Jerry’s employment began after the parties married, and was the parties’ major marital asset. Article C, paragraph 23, of the settlement agreement states as follows:

“[Jerry] has certain retirement benefits through [SERS] which are valued at approximately $84,000 as of April 20, 1999, the date of entry of the [judgment of [dissolution of [m]arriage on grounds. Said retirement benefits shall be equally divided as of April 20, 1999, pursuant to a separate QILDRO to be entered by agreement of the parties or by order of the court.”

No other portion of the agreement addresses Jerry’s pension.

In September 1999, the trial court entered the settlement agreement as an agreed supplemental order to its dissolution judgment. In the order, the court noted the agreement was “fair[J reasonable!, and] not unconscionable.”

Nearly two years passed during which neither an agreement by the parties nor an order by the trial court divided the pension pursuant to a QILDRO. In June 2001, the court entered a written order stating “[t]he entry of a *** [ ]QILDRO! ] is reserved. [Jerry] shall notify [Susan], in writing, 30 days prior to making any application for retirement or request for retirement benefits” to allow Susan time to file for entry of a QILDRO prior to the commencement of the pension’s disbursement.

No further action occurred until January 2009, when Susan filed a motion for entry of a QILDRO along with a proposed order directing Jerry to sign his consent to the QILDRO. The record before us on appeal does not reflect whether Susan did so as a result of Jerry notifying her of his impending retirement.

In the QILDRO, Susan named herself as alternate payee and recipient of 50% of the marital portion of Jerry’s monthly retirement benefit, any lump-sum payment upon termination of the benefit, any partial refund becoming payable to Jerry, and any benefits payable to Jerry’s beneficiaries upon his death. The QILDRO set forth the following formula for calculating the marital portion of the pension: (A/B) x C x D where:

“ ‘A’ equals the number of months of *** regular plus permissive *** service that [Jerry] accumulated in [SERS] from the date of marriage!, June 7, 1975,] to the date of divorce[, June 4, 1999]. ***
‘B’ equals the number of months of *** regular plus permissive *** service that [Jerry] accumulated in [SERS] through [his] effective date of retirement. ***
‘C’ equals the gross amount of:
(i) [Jerry’s] monthly retirement benefit *** calculated as of [Jerry’s] effective date of retirement *** including *** permissive service, upgrades purchased, and other benefit formula enhancements;
(ii) [Jerry’s] refund payable upon termination or lump!-] sum retirement benefit that becomes payable, including any payable interest *** calculated as of the time said refund becomes payable to [Jerry];
(iii) [Jerry’s] partial refund, including any payable interest *** calculated as of the time said partial refund becomes payable to [Jerry]; or
(iv) the death benefit payable to [Jerry’s] death benefit beneficiaries or estate, including any payable interest *** calculated as of the time of said benefit becomes payable to [Jerry’s] beneficiary.
‘D’ equals the percentage noted in [the sections of this QILDRO pertaining to monthly retirement benefit, termination refund, partial refund, and lump-sum death benefit], whichever are applicable.”

The QILDRO further provided if Jerry’s retirement benefits were subject to postretirement increases, Susan’s share of the benefits “shall *** be recalculated or increased annually to include a proportionate share of the applicable annual increases.”

In March 2009, the trial court held a hearing. At the hearing, Jerry’s counsel objected to Susan’s proposed QILDRO, arguing the formula it set forth for distributing Jerry’s SERS pension deviated from the court’s September 1999 supplemental order, which Jerry alleged awarded Susan $42,000 — half of the pension’s value when he filed his dissolution petition in April 1999. In response, Susan’s counsel argued the parties’ intent was not to limit her share of the SERS pension to $42,000 because the parties agreed to use a QILDRO to divide the pension rather than listing a specific dollar amount in the supplemental order and disbursing Susan’s share of that value at the time of dissolution. After the parties concluded their arguments, the court granted Jerry 30 days to file a written objection to Susan’s proposed QILDRO. Jerry filed a timely objection, raising the same arguments he presented before the court, and thereafter Susan filed her response, which also contained arguments similar to those raised at the hearing.

In June 2009, the trial court sent a letter opinion to both parties, ruling in Susan’s favor. In the opinion, the court reasoned as follows:

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In Re Marriage of Culp, 936 N.E.2d 1040, 399 Ill. App. 3d 542, 344 Ill. Dec. 283, 2010 Ill. App. LEXIS 238 (Ill. Ct. App. 2010).

936 N.E.2d 1040 (In Re Marriage of Culp) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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