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Ohio Laws and Rules
(A) Subject to the terms of division (J) of section 742.63 of the Revised Code, benefits from the public safety officers death benefit fund shall be paid only to eligible surviving spouses and children or dependent parents of persons listed in section 742.63 of the Revised Code provided the member is “killed in the line of duty,” as such term is defined in division (A)(12) of section 742.63 of the Revised Code.
(B) Application and determination of benefits.
(1) Application for death benefits shall be made on a form provided by the Ohio police and fire pension fund (“OP&F”) office. Such application shall include:
(a) An agreement by the applicant to be responsible for reporting any person in the family unit who becomes ineligible for benefits due to marriage or age limitations.
(b) A statement agreeing to exercise the right to a monthly survivor benefit under division (A) or (B) of section 145.45 of the Revised Code, division (D), (E) or (F) of section 742.37 of the Revised Code, or division (A)(3), (A)(4), (A)(5), (A)(6), or (A)(7) of section 5505.17 of the Revised Code.
(2) Applications shall be made for the family unit by the surviving spouse. In cases where no eligible spouse exists, and only minor children are eligible, the application shall be filed by the legal guardian. In cases where a student between age eighteen and twenty-two is eligible, an application shall be filed by the student and countersigned by the parent or guardian.
(3) Documentation to be provided by the applicant shall include: a copy of the marriage record, a copy of the death certificate, a birth certificate for each child, and evidence that death was a result of performance of official duties. A guardian who is the applicant shall provide supporting court documentation showing the person’s appointment as guardian. Department certification and other documentation may be required by OP&F prior to determination of eligibility.
(4) Persons having benefits reinstated under section 4 of Sub. H.B. 268, 115th General Assembly, must complete an application for reimbursement of benefits.
(5) Persons having benefits reinstated under H.B. 283, 123rd General Assembly, must have completed an application for the reinstatement of benefits in the form approved by OP&F.
(6) OP&F’s board of trustees shall determine a survivor’s eligibility for benefits provided for in section 742.63 of the Revised Code and in the event of a denial of benefits, the survivor shall have the right to submit up to two requests for reconsideration provided new evidence is submitted with such request for reconsideration. OP&F shall review the request for reconsideration in the same manner as an initial application for benefits, subject to the limitations stated in this division.
(C) Cause of death of member. For purposes of section 742.63 of the Revised Code, survivors shall be eligible for benefits if the member’s death is under the following circumstances:
(1) Injury or disease sustained in the line of duty.
(2) Heart disease, with fatal attack while in the line of duty.
(3) Heart disease or other fatal injury or illness while off duty, if the fatal attack or other fatal injury or illness was caused while in the line of duty. For purposes of this paragraph, “in the line of duty” shall mean the official duties provided by the employer, including any duties arising out of agreements that the employer may have entered into for the performance of services on behalf of other Ohio villages, cities, or municipalities, or federal agencies or as otherwise imposed by law.
(D) Determination of benefit amount. The term “full monthly salary” as used in division (A)(11) of section 742.63 of the Revised Code shall mean one-twelfth of the base annual ordinance, statute, or contract salary authorized by the employer for the position and salary level attained by the member at the time of death; such position shall be the basis for any future benefit adjustments. Adjustments in benefits shall be made in accordance with the base salary ordinance, statute, or contract of the employer where the decedent was employed.
(E) Method of payment and commencement of payments.
(1) Where benefits are divided among family members, one warrant shall be issued to the spouse and one for each minor child.
(a) A warrant issued for a child under eighteen years of age or for a disabled child shall be made payable to the parent or guardian.
(b) A warrant issued to a student eighteen years of age or older may be made payable to the parent or the student, as the situation dictates.
(2) Benefit payments to eligible survivors shall be effective the first of the month following the month of death unless otherwise stipulated in Am. Sub. H.B. 268, 115th General Assembly or H.B. 283, 123rd General Assembly.
(3) Payments may not be made prior to board approval.
(F) Termination of benefits.
(1) All benefits, except those provided for in division (E), (F), (G) or (H)(1) of section 742.63 of the Revised Code, for a surviving family unit shall cease at the close of the calendar month during which the member would have been eligible to receive benefits under his retirement plan, had he lived.
(2) When death benefits are terminated in accordance with the provisions of division (H) of section 742.63 of the Revised Code, the fund shall reallocate the death benefits in accordance with the terms of the ruling issued in Roseman v. Firemen’s and Policemen’s Death Benefit Fund, 613 N.E.2d 574 (1993).
(G) Survivors of members who deceased prior to the effective date of the act, who are provided benefits under Am. H.B. No. 1010, section 4, enacted by the 111th General Assembly, shall receive benefits in accordance with their status at the time of the member’s death.
(H) Definition of “child” and “children.” As used in section 742.63 of the Revised Code, “child” and “children” mean:
(1) Any natural child or children born to a marriage of the deceased member, except a child or children adopted by another person prior to the member’s death.
(2) Any child or children legally adopted by the member prior to his or her death and any child or children subsequently adopted by the surviving spouse of a member when the member’s intention to adopt the child or children was clearly manifested to the satisfaction of the board.
(3) Any natural child or children born outside a marriage of the deceased member when the parenthood of the member can be established to the satisfaction of OP&F’s board of trustees.
Effective: 12/20/2007
R.C. 119.032 review dates: 10/03/2007 and 12/20/2012
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.63
Prior Effective Dates: 1/3/1977, 1/1/1978, 7/11/1984 (Emer.), 9/15/1984, 2/17/2000, 9/7/01 (Emer.), 11/23/2001, 2/20/2002 (Emer.), 5/9/2002, 5/17/2007