5505-7-03 Extended benefits to surviving children.

(A) Survivor benefits will be paid to a child of a deceased member or retirant until the child -

(1) Is married,

(2) Attains the age of eighteen, or

(3) If the child is a full-time student, attains the age of twenty-three.

(B) A child is considered to be a full-time student when enrolled and attending an institution of learning or training pursuant to a program designed to complete in each school year the equivalent of at least two-thirds of the full-time curriculum requirements of the institution, as determined by the retirement board.

(1) A student must complete an application for benefits and provide certification of enrollment from an educational institution.

(2) Benefits are payable through a term during which a student is not enrolled, provided that the student (a) submits a form indicating intent to continue as a full-time student, (b) continues as a full-time student in the subsequent term, and (c) does not take off more than four months in a twelve-month period.

(3) The student is responsible (a) to notify the retirement system of a change in full-time student status and (b) to refund any benefits that were paid after a change.

(4) To the extent that a student is a minor, a parent or guardian must sign the forms referenced in paragraphs (B)(1) and (B)(2) of this rule. In addition, the parents or guardian are jointly and severally responsible with the student (a) to notify the retirement system of a change in full-time student status and (b) to refund any benefits that were paid after a change.

(C)

(1) Notwithstanding the provisions of paragraph (A) of this rule, survivor benefits will continue for a disabled dependent child who was, at the time of the member's or retirant's death -

(a) Dependent upon the deceased member or retirant for support, and

(b) Mentally or physically incapable of providing for his or her own support at a level equal to or greater than the federal poverty guidelines of the department of human and health services.

(2) To determine whether a disabled dependent child qualifies for benefits under this section, the retirement board may require -

(a) A physician's statement,

(b) An independent medical examination,

(c) Two years of federal tax returns from both the parents and the dependent child, and

(d) Any other information that the board deems relevant.

Replaces: 5505-7-03

Effective: 12/16/2011
R.C. 119.032 review dates: 12/16/2016
Promulgated Under: 111.15
Statutory Authority: 5505.07
Rule Amplifies: 5505.17
Prior Effective Dates: 1/1/1986, 12/1/1987, 10/21/2005, 4/27/2006