Is permissive pension service credit based on time served in the military marital or nonmarital property? The court needed to look at the facts of the case, of course.
The parties had purchased permissive service credit in the Illinois State Retirement System during their marriage. It was based on time
the husband had served in active duty military prior to the marriage.
The credit had been acquired during the marriage with marital funds. The Trial Court ordered that the Permissive pension service credit based on time served in the military was marital property. Husband appealed.
The Appellate Court agreed with the Trial Court. The military service only made the husband eligible to purchase or “acquire” the permissive service credit through the monetary contribution required by the Pension Code. The permissive service credit was not “property acquired before the marriage”, which is required to fall under the exception to marital property contained in Section 503(a)(6) of the Marriage and Dissolution of Marriage Act.
In re Marriage of Zamudio, 2019 IL 124676 (November 21, 2019)