(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) The 401(h) retiree medical account shall be forfeited and used as provided in paragraph (C) of this rule if any of the following occur:
(1) The primary benefit recipient is not survived by any eligible dependents;
(3) The service manager has not received any claims for reimbursement from an eligible dependent within two years of the death of the benefit recipient;
(4) An eligible dependent has made a claim for reimbursement within two years of the benefit recipient's death, but fails to make a claim at least once within the twenty-four-month period following the date of the most recent claim was submitted.
(C) 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.
Five Year Review (FYR) Dates: 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.), 9/16/13