Lawriter - OAC - 5505-7-03 Extended benefits to surviving children.

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.


(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.

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