3307:1-8-01 Survivor benefits.

 

 

 

3307:1-8-01                 Survivor benefits.

 

 

 

(A)  As used in this rule:

 

(1)   "Physical or mental incompetency" "Physically or mentally incompetent" shall

be  determined  in  accordance  with

as  defined  by  division  (A)  of  section

3307.66  (A)  of  the  Revised  Code  and  this  rule.

If  a  determination  of

incompetence has not been determined by a court, it shall be determined for the purposes of division (A) of section 3307.66 of the Revised Code and this rule in the same manner specified by rule 3307:1-11-02 of the Administrative Code for children. For spouses or parents, the determination shall be made by an impartial, independent medical examiner appointed by the retirement system who confirms the individual is incompetent and incapable of earning at least the federal minimum wage multiplied by two thousand eighty hours, increased by fifty per cent and rounded to the nearest thousand dollars.

(2)    "Qualified child" or "qualified children" shall have the same meaning as set forth in division (B)(2) of section 3307.66 of the Revised Code.

(3)   "Qualified survivor" shall have the meaning as set forth in division (B)(4) of section 3307.66 of the Revised Code.

(B)   If a member dies before service retirement and is survived by one or more qualified children who are under the age of twenty-two or who became physically or mentally incompetent prior to the attainment of age eighteen, benefits shall be payable to all survivors pursuant to division (C)(2) of section 3307.66 of the Revised Code. Any election applicable as to the calculation of benefits under that division shall be made by the beneficiary designated by the member. If no designation of beneficiaries was in effect at the time of death, any such election shall be made by the surviving spouse. If there is no surviving spouse, any such election shall be made by the youngest child.

(C)    If a qualified child becomes physically or mentally incompetent while receiving survivor benefits pursuant to section 3307.66 of the Revised Code, such benefits shall continue as long as the child remains physically or mentally incompetent, without regard to the age the child attains.

(D)   If there are no other survivors who qualify under the terms of section 3307.66 of the Revised Code, a qualified survivor who becomes eligible for benefits under that section, at the age of eighteen or older, may forfeit rights to benefits under that section and any ancillary benefits such as health coverage and take instead a refund of the account balance as provided by section 3307.562 of the Revised Code.

(E)  Procedure for extended educational benefits for qualified children:

(1)    Before benefits can be paid for a student over the age of eighteen, a parent or guardian must file an application for extended student benefits on a form approved by the retirement board. The retirement system may request confirmation of continued enrollment in school at any time. Failure of the recipient to confirm enrollment in a manner designated by the system shall result in the termination of the benefit. If benefits should cease after filing the initial application, a new application must be filed to resume benefits. A student who is over the age of eighteen may act in his or her own behalf if eligibility for benefits is established under section 3307.66 of the Revised Code, where there is no parent or guardian, or no other cause for natural or appointed guardianship or trust for the student.

(2)    Benefits shall be paid for the entire month in which eligibility for benefits is attained or terminated.

(3)   Benefit payments will be issued during a vacation or other non-qualified period which does not exceed four months in duration or up to five months in duration if the student is changing schools, provided that the student:

(a)   Was qualified to receive benefits before the period started;

(b)   Intends to, and subsequently does, return to qualified attendance after the period ends, as certified by student, parent or guardian, and an officer of the school; and

(c)    Does not receive benefits for more than one vacation period during a fiscal year.

(F)   Eligibility for extended educational benefits:

A surviving child between the ages of eighteen and twenty-two who is a qualified child and who meets the following requirements shall be deemed to be a qualified child as defined by division (B)(2)(b) of section 3307.66 of the Revised Code:

(1)     Type of school - benefits can be paid if a student is attending one of the following:

(a)   High school supported or operated by a state or local government, or the federal government.

(b)      Vocational  or  technical  school  operated,  supported,  recognized,  or

approved by a state or local government, or the federal government.

(c)   State university, state college, or a community college.

(d)       Private school or college accredited by a state-recognized or nationally-recognized accrediting agency, or approved by a state.

(e)     Unaccredited private school or college, provided that at least three accredited schools or colleges accepts its credits on transfer on the same basis as if transferred from an accredited school.

(f)      Schools outside the United States will normally be considered as acceptable if they meet the qualifications of paragraph (F)(1)(e) of this rule.

(2)   Course of study:

(a)   A student attending a university or college must be enrolled in a course of study that meets at least two-thirds of the full-time curriculum requirements according to its standards and practices.

(b)   The student must be enrolled in a course of study designed for a minimum of one school year of full-time study, or its equivalent.

(c)    When minimum curricular requirements cannot be determined, a student must be enrolled for at least thirteen hours a week, including regularly scheduled laboratory or shop work, supervised study, and time needed for change of student or teacher station.

(d)  Time spent on a job assigned the student or obtained for the student by the school as an integral part of the student's program of study may also be considered as a portion of the course of study. However, a student who is attending school as part of a job at the request of the employer who pays the individual while attending is not eligible for benefits.

(G) If physical or mental incompetency of a spouse or parent of a deceased member has not been determined by a court, physical or mental incompetency shall be determined for the purposes of section 3307.66 (A) and this rule as follows:

(1) The determination of "physical or mental incompetency" shall be made by the chair of the medical review board by confirming that the spouse or parent has been continuously, since the member's date of death, incapable of earning a

living because of a physically or mentally disabling condition. As used in this paragraph (G), "incapable of earning a living" means that the spouse or parent is incapable of earning annually at least the federal minimum wage as of January first of the current year multiplied by two thousand eighty hours, increased by fifty per cent, and rounded to the nearest thousand dollars, except in the case of spouses and parents determined to be physically or mentally incompetent before January 8, 2007, the spouse or parent must be incapable of earning sixteen thousand dollars annually. Each spouse or parent shall provide the retirement system with information and documentation requested by the retirement system to verify earnings. Such requested information and documentation may include copies of federal income tax returns and the most recent annual social security earnings statement.

(H) If physical or mental incompetency of a child of a deceased member, including a child born after the date of death of a member has not been determined by a court at the time of the application for benefits under section 3307.66 of the Revised Code, a child shall be considered physically or mentally incompetent for purposes of section 3307.66 (A) and this rule, provided that the child:

(1) Has been adjudged physically or mentally incompetent under the requirements set forth in the version of rule 3307:1-11-02 of the Administrative Code in effect prior to January 8, 2007, and further provided that the child continuously meets the requirements as defined therein. Upon the first date that the child no longer meets all of the eligibility requirements set forth in the version of rule 3307:1-11-02 of the Administrative Code in effect prior to January 8, 2007, the child shall no longer qualify as a dependent child on the basis of physical or mental incompetency.

(2) Is unmarried and unable to earn a living because of a mental or physical condition that was disabling prior to the date the child reached the maximum age of eighteen or twenty-two if the child was attending school on at least a two-thirds full-time basis, and further provided the child is continuously disabled and unable to earn a living from the initial date that the child was determined to be physically or mentally incompetent. The chair of the medical review board shall confirm that the child has a mental or physical condition that incapacitated the child before the maximum age specified in this paragraph. In addition, the child shall meet one of the following conditions:

(a) A child must be incapable of earning a living. As used in this paragraph (H)(2), "incapable of earning a living" means that a child was incapable of earning at least sixteen thousand dollars a year for any year before January1, 2008 and that the child was incapable of earning the federal minimum wage as of January first of the prior and current years multiplied by two thousand eighty hours, increased by fifty per cent and rounded to the nearest thousand dollars for each year thereafter. The

child shall provide the retirement system with information and documentation requested by the retirement system to verify earnings. Such requested information and documentation may include copies of federal income tax returns and of the most recent annual social security earnings statement.

(b) A child attends an adult workshop of school for the developmentally disabled operated by a county or state department of developmental disabilities. If attendance has not been continuous since the age determined in paragraph (H)(2) of this rule, additional earnings verification may be required in accordance with (H)(2)(a).

(I) Following   is   the   procedure   for   the   determination   of   "physical   or   mental incompetency:"

(1) The chair of the medical review board shall determine whether a spouse, parent, or child of a member is physically or mentally incompetent for purposes of section 3307.66 of the Revised Code. Determinations may include examination by an independent medical examiner appointed by the retirement board. Determinations made by the chair may be appealed to another independent physician appointed as hearing officer in accordance with procedures specified by the retirement system. The decision of such hearing officer shall be deemed the final decision of the retirement board.

(2) The chair of the medical review board shall confirm on a schedule determined by the chair of the medical review board that a spouse, parent, or child of a member continues to be physically or mentally incompetent for purposes of section 3307.66 of the Revised Code. Failure to respond by the deadlines specified by the state teachers retirement system in requests for additional information or documents, request to schedule medical examinations, or any other requests made by the retirement system in connection with the determination of physical or mental competency shall result in termination of eligibility for benefits provided for in section 3307.66 of the Revised Code.

Effective:                                                     10/28/2010

R.C. 119.032 review dates:                         04/01/2011

CERTIFIED ELECTRONICALLY

Certification

10/18/2010

Date

Promulgated Under:                           111.15

Statutory Authority:                           3307.04

Rule Amplifies:                                  3307.66

Prior Effective Dates:                         12/23/76, 10/29/98 (Emer.), 1/17/99, 7/1/01 (Emer.),

9/17/01