742-3-18. Definition of "total dependency"

For purposes of paying benefits to a surviving child of a member who is "totally dependent" upon the member for support at the time of the death under division (E) of section 742.37 of the Revised Code, the child must meet one of the following criteria:

(1) The child has a mentally or physically disabling condition and was claimed as an exemption for federal income tax return purposes for the year preceding the member's death;

(2) The child is determined disabled by a court of competent jurisdiction;

(3) The child attends an adult workshop or mental retardation and developmental disabilities (MRDD) school; or

(4) The child has a mental or physical disability and is incapable of earning at least sixteen thousand dollars annually, as determined by Ohio police and fire pension fund disability evaluation physician and vocational advisor recommendation.

Five Year Review (FYR) Dates: 11/15/2016 and 11/15/2021
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.37(E)
Prior Effective Dates: 11/23/2001

Prior History: (R.C. 119.032 review dates: 11/23/2011 and 11/23/2016
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.37(E)
Prior Effective Dates: 11/23/2001 )