(A) For purposes of division (E) of section 742.37 of the Revised Code (hereinafter referred to as the “Extended Benefits”), “full time curriculum requirements” shall mean at least twelve hours, subject to the other provisions of this rule.
(B) As provided for in division (E) of section 742.37 of the Revised Code, the criteria determined by OP&F’s board of trustees for the institution of learning or training is that the school must be a high school, vocational or trade school, college or university and the course of study must be designed for at least one school year of full-time study or its equivalent in part-time study, subject to the limitations referenced in paragraph (D) of this rule.
(C) In order to apply for “Extended Benefits,” the parent or guardian and the student must complete an application in the form approved by OP&F. In addition, a separate application must be completed and filed with OP&F for each child who wishes to apply for “Extended Benefits.”
(D) If a student is out of school more than four months and returns to school, a new application must be made before benefit payments will be resumed.
(1) If the child’s pension was terminated when he/she attained age eighteen if he/she did not attend an “institution of learning or training” and he/she attends an “institution of learning or training” that meets the foregoing criteria, a new application for him/her shall be completed and filed with OP&F in the OP&F approved form before his/her benefits will be paid if he/she meets the statutory criteria set forth in division (E) of section 742.37 of the Revised Code, and such benefits shall commence the earlier of the month following OP&F’s receipt of the fully-completed application or the date on which the child began attending an institution of learning or training.
(2) If an unmarried child of a deceased member between the ages of eighteen and twenty-one files for “Extended Benefits” and he/she has never received a benefit from OP&F under division (E) of section 742.37 of the Revised Code, a copy of his/her birth certificate must accompany the completed application before OP&F can pay the benefit.
(3) For purposes of the application process for “Extended Benefits,” a certification from the school the eligible child is attending is required as a part of the application process. A new certification must be completed for each school period of enrollment otherwise, the child will not be eligible for benefits under division (E) of section 742.37 of the Revised Code.
For purposes of determining whether the student has met the requirement for “two-thirds of regular school work,” OP&F will allow students to be paid through the vacation period, which is considered as four months and can be taken any time during the year. If the student takes more than four months, he/she is not eligible for a benefit for the extra time off. For example, OP&F will pay a full year of “Extended Benefits” if the eligible child is in school, takes the summer months off, but returns to school in September; or, if the child takes a quarter off and goes to school in the summer.
(E) Since “Extended Benefits” will be paid to surviving children of OP&F members, the benefits for children shall be paid to the parent or guardian and the eligible child, unless the eligible child is no longer minor. The parent or guardian, or the child if no longer a minor, as the case may be, shall be held responsible for any overpayments of benefits that result from the surviving child no longer being eligible to receive “Extended Benefits” due under division (E) of section 742.37 of the Revised Code and this rule.
Effective: 06/30/2011
R.C. 119.032 review dates: 04/14/2011 and 06/30/2016
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.37(E)
Prior Effective Dates: 1/1/77, 2/22/02