(A) Subject to section 3307.87 of the Revised Code and rule 3307:2-5-08 of the Administrative Code, a participant in the defined contribution program may designate a beneficiary as specified in the plan document. Such a designation shall be in writing on a form provided by and filed with the retirement system. The most recent designation filed with the retirement system revokes all previous designations. The member's marriage, termination of marriage, legal separation, withdrawal or distribution of account, or the birth of the member's child or the member's adoption of a child shall constitute an automatic revocation of any previous designation. A permanent election by a member in the combined plan or defined contribution plan that results in a change from the member's original retirement plan or a return to the defined benefit plan pursuant to section 3307.25 of the Revised Code shall also constitute an automatic revocation of any previous designation.
(B) In the event a designation of beneficiary is not in effect upon the death of a participant prior to retirement, any beneficiaries may qualify in accordance with the terms of the plan document in the following order of precedence:
(1) Surviving spouse;
(2) Children, share and share alike;
(3) Parents, share and share alike;
(5) Person responsible for funeral expenses up to the full amount of the funeral expenses.
(C) Prior to the effective date of an application for retirement by a participant in the combined plan, the same person must be designated beneficiary or determined by the foregoing order of precedence in the event of the participant's death. At retirement the participant may, however, designate different beneficiaries for the defined contribution and defined benefit portions of the combined plans.
(D) If the death of a participant is caused by one of the following beneficiaries, no amount due under a plan established under section 3307.81 of the Revised Code or Chapters 3307:2-1 to 3307:2- 7 of the Administrative Code shall be paid to the beneficiary in the absence of a court order to the contrary filed with the retirement system:
(1) A beneficiary who is convicted of, pleads guilty to, or is found not guilty by reason of insanity of a violation or complicity in the violation of either of the following:
(2) A beneficiary who is indicted for a violation of or complicity in the violation of the sections or laws described in this rule and is adjudicated incompetent to stand trial;
(3) A beneficiary who is a juvenile is found to be a delinquent child by reason of committing an act that, if committed by an adult, would be a violation of or complicity in the violation of the sections or laws described in this rule.
(E) If a beneficiary cannot be located or fails to submit the appropriate application within ninety days of notification of available benefits, the rights of that beneficiary shall be deemed waived and the next beneficiary in succession shall be entitled to payment.
R.C. 119.032 review dates: 06/18/2014
Promulgated Under: 111.15
Statutory Authority: 3307.80
Rule Amplifies: 3307.81, 3307.87
Prior Effective Dates: 7/1/01 (Emer.), 9/17/01, 8/9/07, 6/18/09, 1/7/13 (Emer)