(A) Amounts standing to the credit of a benefit recipient in the 401(h) retiree medical account at the time of death may be used by an eligible dependent of the benefit recipient for payment or reimbursement of qualified medical expenses.
(B) Except as provided in paragraph (C) of this rule, the 401(h) retiree medical account shall be forfeited and used as provided in paragraph (D) of this rule if any of the following occur:
(1) The primary benefit recipient is not survived by any eligible dependents;
(2) All eligible dependents cease to meet the criteria set forth in rule 145-4-09 of the Administrative Code;
(3) All eligible dependents that have been identified by the service manager do not claim a payment or reimbursement for a period of one year from the date of death of the benefit recipient;
(4) The service manager is unable to locate any eligible dependent within one year of the death of the benefit recipient;
(C) If a 401(h) retiree medical account is forfeited pursuant to paragraph (B)(3) or (B)(4) of this rule, an eligible dependent may request in writing reinstatement of the 401(h) retiree medical account.
(D) Forfeitures shall be used to fund the administrative expenses of the 401(h) account and may be used as a credit against future employer contributions to the 401(h) account.
R.C. 119.032 review dates: 06/27/2013 and 09/16/2018
Promulgated Under: 111.15
Statutory Authority: 145.09, 145.58
Rule Amplifies: 145.58, 145.584
Prior Effective Dates: 1/1/07, 1/7/13 (Emer.), 3/24/13, 7/7/13 (Emer.)