5505-7-03 Extended benefits to surviving children.

(A) For the purpose of this rule:

(1) "Institution of learning or training" shall mean a high school, vocational or trade school, college or university.

(2) "Full-time curriculum requirements" shall mean at least twelve hours of college or university credit or some equivalnet measure of credit as determined by the executive director.

(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.

(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) the break in enrollment is not more than four months in a twelve-month period. The forgoing shall not apply if the child can show he or she is engaged in an internship or work-study program directly related to and required by the institution of learning or training.

(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.

(C)

(1) 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.

Cite as Ohio Admin. Code 5505-7-03

Effective: 11/17/2016
Five Year Review (FYR) Dates: 08/29/2016 and 11/16/2021
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, 12/16/2011