Illinois Appellate Court
Civil Court
Dissolution of Marriage
Parties were divorced after a 16-year marriage. Husband's 48 months of permissive military service credit, which he earned prior to the marriage but purchased during the marriage with marital funds in order to enhance his State Retirement System Pension was marital property that should be considered when determining the marital portion of husband's pension. Husband's years of military service were not property, but only conditions precedent, which Pension Code allowed him to use to enhance current value of his pension. The current value of the annuity payments, acquired durign the marriage, constituted marital property subject to equitable division by trial court. (O'BRIEN, concurring; SCHMIDT, dissenting.)