Chapter 3307:1-8 Survivor Benefits

3307:1-8-01 Survivor benefits.

(A) As used in this rule:

(1) “Physically or mentally incompetent” shall be as defined by section 3307.66 (A) of the Revised Code. If a determination of incompetence has not been determined by a court, it shall be determined for the purposes of section 3307.66(A) 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 2,080 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 section 3307.66 (B)(2) of the Revised Code.

(3) “Qualified survivor” shall have the meaning as set forth in section 3307.66 (B)(4) 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

(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 section 3307.66(B)(2)(b) 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.

(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.

Effective: 07/01/2006

R.C. 119.032 review dates: 04/06/2006 and 04/01/2011

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

3307:1-8-02 Active member beneficiary designation.

(A) For two or more beneficiaries last established in the public employees retirement system pursuant to division (B) of section 3307.562 of the Revised Code, the state teachers retirement system shall pay the lump-sum divided equally among the beneficiaries regardless of the percentage of lump-sum specified for each beneficiary by the member.

(B) When a written designation on a form provided by the state teachers retirement system is received by the state teachers retirement system, the designated nomination shall not be deemed filed with the state teachers retirement board in accordance with division (B) of section 3307.562 of the Revised Code unless the form is completed in a manner satisfactory to the retirement system in its sole discretion.

Effective: 08/09/2007

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

Promulgated Under: 111.15

Statutory Authority: 3307.04

Rule Amplifies: 3307.562