Chapter 3307:2-6 Defined Contribution Plans - Disability Benefits

Effective: 03/24/2013
R.C. 119.032 review dates: 06/18/2014
Promulgated Under: 111.15
Statutory Authority: 3307.80
Rule Amplifies: 3307.81
Prior Effective Dates: 7/1/01 (Emer.), 9/17/01, 7/16/04, 6/18/09, 1/7/13 (Emer)

3307:2-6-02 Combined plan survivor benefits.

(A) In the event of the death of a combined plan participant prior to payment to the participant of any part of either the defined benefit or defined contribution portions of the account:

(1) Dependent, service, or retirement based survivor benefits may be granted as provided by divisions (C)(1) and (C)(2) of section 3307.66 of the Revised Code to the qualified survivors of the deceased member in lieu of payment pursuant to Chapter 3307:2-5 of the Administrative Code, calculated, paid and terminated as though all requirements of section 3307.66 of the Revised Code were applicable, except those set forth in division (G) of section 3307.66 of the Revised Code.

(2) Neither service credit established under nor contributions to the public employees retirement system created by Chapter 145. of the Revised Code or the school employees retirement system created by Chapter 3309. of the Revised Code may be combined with this retirement system, either for the determination of eligibility for survivor benefits or the calculation of benefits.

(3) Both the defined contribution and defined benefit portions of the participant's account in the combined plan will be applied to fund survivor benefits.

(4) In the event a deceased combined plan participant is survived by a qualified spouse as defined by division (B)(1) of section 3307.66 of the Revised Code, such spouse may select one of the benefit calculations specified by division (C)(1) or (C)(2) of that section, such selection shall govern the calculation of any benefit, thereby payable to other qualified recipients, notwithstanding the respective ages or biological parent of any surviving children.

(5) In the event a deceased combined plan participant is not survived by a qualified spouse as so defined, but is survived by children qualified under the terms of section 3307.66 of the Revised Code, selection of one of the benefit calculations set forth in division (C)(1) or (C)(2) of that section may be made by the youngest such child. Such selection shall govern the calculation of any benefit thereby payable to other qualified recipients.

(B) In the event of the death of a combined plan participant prior to payment of the defined benefit portion of the account but after payment was made of the defined contribution portion as specified by paragraph (A)(3) or paragraph (B) of rule 3307:2-5-03 of the Administrative Code, a benefit may be granted to a surviving spouse or sole designated beneficiary. Such a benefit shall be effective as of the first of the month following the date the deceased participant would have attained the minimum age necessary to qualify for benefits under the defined benefit portion, based upon service credit accrued as of the date of death. Such a benefit shall be computed under the terms of the combined plan and payable in the form of the one hundred per cent joint survivor annuity without reversion the participant would have received had the member been retired on that same first of the month and selected such a joint survivor annuity or, in lieu of a benefit computed as a one hundred per cent joint survivor annuity, the benefit is payable as a lump sum equal to the withdrawal value as defined in the defined contribution program plan document.

(C) In the event of the death of a combined plan participant prior to payment of the defined contribution portion of the account but after payment was made of the defined benefit portion as specified by paragraph (C) of rule 3307:2-5-03 of the Administrative Code, the surviving spouse or sole designated beneficiary may withdraw or immediately annuitize the defined contribution portion of the account.