3309-1-20 Validity of marriage.

(A) For the purpose of qualifying for, or receiving, any benefit as a spouse under Chapter 3309. of the Revised Code, the member's or retirant's marriage must be recognized by the state of Ohio. The school employees retirement board shall accept the following as proof of marriage:

(1) An Ohio marriage certificate;

(2) A non-Ohio marriage certificate if not otherwise prohibited by section 3101.01 of the Revised Code; or

(3) In the absence of a marriage certificate, a decision rendered by a court, having jurisdiction in the state in which the member or retirant was domiciled at the time of death, that the relationship constituted a valid marriage at time of death, or the "spouse" would have the same status as a widow or widower for purposes of sharing in the distribution of the member's or retirant's intestate personal property if not otherwise prohibited by section 3105.12 of the Revised Code.

(B) For purposes of complying with federal tax law, notwithstanding paragraph (A) of this rule, a member or retirant's marriage is valid so long as it is recognized by the state in which the marriage occurred. The school employees retirement board shall accept the following as proof of marriage:

(1) A marriage certificate; or

(2) In the absence of a marriage certificate, a decision rendered by a court, having jurisdiction in the state in which the member or retirant was domiciled at the time of death, that the relationship constituted a valid marriage at time of death, or the "spouse" would have the same status as a widow or widower for purposes of sharing in the distribution of the member's or retirant's intestate personal property if not otherwise prohibited by section 3105.12 of the Revised Code.

Effective: 04/10/2014
R.C. 119.032 review dates: 01/15/2014 and 02/01/2018
Promulgated Under: 111.15
Statutory Authority: 3309.04
Rule Amplifies: 3309.44 , 3309.45
Prior Effective Dates: 12/24/76, 5/8/04, 8/14/04, 4/3/09