In re Marriage of Sanders

Illinois Appellate Court
Civil Court
Dissolution of Marriage
Citation
Case Number: 
2016 IL App (1st) 143681
Decision Date: 
Tuesday, September 20, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
PIERCE

Court properly denied Petitioner's motion to reconsider prior order denying her petition to recalculated her monthly benefits from her ex-husband's retirement fund.  Ex-husband's pension, for his 43-year employment with EPA, is held by Civil Service Retirement System and administered by federal government's Office of Personnel Management (OPM). Calculation of ex-husband's pension is a ministerial act assigned to OPM, and if there is an error, federal review procedures are available. If those procedures are not exhausted, then all parties must comply with order of dissolution, which is not ambiguous as to how wife's marital share of his pension should be divided, and what portion of pension benefits is marital. (NEVILLE and SIMON, concurring.)