Current through all regulations passed and filed through March 18, 2024
(A) As used in section
3307.66
of the Revised Code and this rule:
(1)
"Continuously incompetent" means a person was determined to be physically or
mentally incompetent and has remained physically or mentally incompetent
without any break since the determination was made.
(2) "Physical or mental incompetency" shall
be determined in accordance with division (A) of section
3307.66
of the Revised Code and this rule.
(3) "Qualified child" or "qualified children"
has
the meaning as set forth in division
(B)(2) of section
3307.66
of the Revised Code.
(4) "Qualified
survivor" has the meaning as set forth in division (B)(4) of
section
3307.66
of the Revised Code.
(5)
"Medical review board" has the meaning as set forth in
paragraph (I) of rule
3307:1-7-01
of the Administrative Code.
(B) If a member dies before service
retirement and is survived by one or more qualified children who are under the
age of twenty-two or who became physically or mentally incompetent prior to the
attainment of age twenty-two and has remained continuously incompetent,
benefits shall be payable to all survivors pursuant to division (C)(2) of
section
3307.66
of the Revised Code. Any election applicable as to the calculation of benefits
under that division shall be made by the beneficiary designated by the member.
If no designation of beneficiaries was in effect at the time of death, any such
election shall be made by the surviving spouse. If there is no surviving
spouse, any such election shall be made by the youngest child.
(C) If a qualified child becomes physically
or mentally incompetent while receiving survivor benefits pursuant to section
3307.66
of the Revised Code, such benefits shall continue as long as the child is
continuously incompetent, without regard to the age the child
attains.
(D) If there are no other
survivors who qualify under the terms of section
3307.66
of the Revised Code, a qualified survivor who becomes eligible for benefits
under that section, at the age of eighteen or older, may forfeit rights to
benefits under that section and the opportunity to participate in the health
care program, if eligible, and take instead a refund of the account balance as
provided by section
3307.562
of the Revised Code.
(E) If
physical or mental incompetency of a spouse or parent of a deceased member has
not been determined by a court at the time of the application for benefits
under section
3307.66
of the Revised Code, physical or mental incompetency shall be determined for
the purposes of division (A) of section
3307.66
of the Revised Code and this rule as follows:
(1) The determination of "physical or mental
incompetency" shall be made by the chair of the medical review board by
confirming that the spouse or parent has been continuously, since the member's
date of death, incapable of earning a living because of a physically or
mentally disabling condition. As used in paragraph (E) of this rule, "incapable
of earning a living" means that the spouse or parent is incapable of earning
annually at least the federal minimum wage as of January first of the current
year multiplied by two thousand eighty hours, increased by fifty per cent, and
rounded to the nearest thousand dollars. Each spouse or parent shall provide
the retirement system with information and documentation requested by the
retirement system to verify earnings. Such requested information and
documentation may include copies of federal income tax returns and the most
recent annual social security earnings statement. Once a spouse or parent is no
longer "incapable of earning a living", the spouse or parent cannot meet the
definition of qualified spouse or qualified parent for physical or mental
incompetency in the future.
(F) If physical or mental incompetency of a
child of a deceased member, including a child born after the date of death of a
member has not been determined by a court at the time of the application for
benefits under section
3307.66
of the Revised Code, a child shall be considered physically or mentally
incompetent for purposes of division (A) of section
3307.66
of the Revised Code and this rule, provided that the child meets the
requirements set forth in either paragraph (F)(1) or (F)(2) of this rule:
(1) Is unmarried, has been adjudged
physically or mentally incompetent by the retirement system prior to January 8,
2007, has been continuously physically or mentally incompetent since the date
such determination was made, and meets one of the conditions outlined in
paragraph (F)(2)(a) or (F)(2)(b) of this rule. Upon the first date that the
child no longer meets all of the eligibility requirements set forth in this
paragraph, the child shall no longer qualify as a dependent child on the basis
of physical or mental incompetency.
(2) Was never married and is unable to earn a
living because of a mental or physical condition that was disabling prior to
the date the child reached the maximum age of twenty-two and further provided
the child is continuously disabled and unable to earn a living from the initial
date that the child was determined to be physically or mentally incompetent.
The chair of the medical review board shall confirm that the child has a mental
or physical condition that incapacitated the child before the maximum age
specified in this paragraph. In addition, the child shall meet one of the
following conditions:
(a) A child must be
incapable of earning a living. As used in paragraph (F) (2) of this rule,
"incapable of earning a living" means that a child was incapable of earning at
least sixteen thousand dollars a year for any year before January 1, 2008 and
that the child was incapable of earning the federal minimum wage as of January
first for each of the prior
years and current year multiplied
by two thousand eighty hours, increased by fifty per cent and rounded to the
nearest thousand dollars for each year thereafter. The child shall provide the
retirement system with information and documentation requested by the
retirement system to verify earnings. Such requested information and
documentation may include copies of federal income tax returns and of the most
recent annual social security earnings statement.
(b) A child attends an adult workshop or
school for the developmentally disabled operated by a county or state
department of developmental disabilities. If attendance has not been continuous
since the age determined in paragraph (F)(2) of this rule, additional earnings
verification may be required in accordance with paragraph (F)(2)(a) of this
rule.
(G)
Following is the procedure for the determination of "physical or mental
incompetency:"
(1) The chair of the medical
review board shall determine whether a spouse, parent, or child of a member is
physically or mentally incompetent for purposes of section
3307.66
of the Revised Code. Determinations may include examination by an independent
medical examiner appointed by the retirement board. Determinations made by the
chair may be appealed to another independent physician appointed as hearing
officer in accordance with procedures specified by the retirement system. The
decision of such hearing officer shall be deemed the final decision of the
retirement board.
(2) The chair of
the medical review board shall confirm on a schedule determined by the chair of
the medical review board that a spouse, parent, or child of a member continues
to be physically or mentally incompetent for purposes of section
3307.66
of the Revised Code. Failure to respond by the deadlines specified by the
retirement system in requests for additional information or documents, requests
to schedule medical examinations, or any other requests made by the retirement
system in connection with the determination of physical or mental competency
shall result in termination of eligibility for benefits provided for in section
3307.66
of the Revised Code.
(H)
Following are procedures for administering the ongoing eligibility for survivor
benefits paid pursuant to section
3307.66
of the Revised Code to qualified spouses, parents, and children determined to
be physically or mentally incompetent:
(1)
The retirement system may request information from time to time to confirm the
individual continues to qualify as a physically or mentally incompetent
qualified survivor.
(2) For a
qualified spouse, parent, or child to act on his or her own behalf in the
receipt of monthly benefits, a physician must provide a statement the
individual is capable of handling his or her financial affairs.
(3) The retirement system may request a
qualified spouse, parent, or child who was determined to be incompetent by a
court pursuant to paragraphs (E) and (F) of this rule to have a court affirm
that determination from time to time.
(I) Effective January 1, 2007,
notwithstanding any provision in Chapter 3307. of the Revised Code to the
contrary, the survivor of a member on a leave of absence to perform military
service with reemployment rights described in section 414(u) of the Internal
Revenue Code, where the member cannot return to employment on account of his or
her death, shall be entitled to any additional benefits (other than benefit
accruals relating to the period of qualified military service) that would be
provided under Chapter 3307. of the Revised Code had the member resumed
employment and then terminated employment on account of death.
(J) Under division (C)(2)(a)(iii) of section
3307.66
of the Revised Code, a member shall be considered to be contributing under this
chapter or Chapter 145. or 3309. of the Revised Code at the time of death if
the member had earned service credit and made contributions under this chapter
or Chapter 145. or 3309. of the Revised Code in the twelve-month period prior
to the member's death.
(K) The
following applies only in the case of a surviving spouse who must wait until
age sixty-two to qualify for monthly survivor benefits under section
3307.66
of the Revised Code:
(1) The benefits
beginning date for purposes of determining the final average salary under
division (C) of section
3307.501 of
the Revised Code and for purposes of determining the first increase payable
under division (B) of section
3307.67
of the Revised Code shall be either:
(a) The
first of the month following the date of the member's death, provided the
completed and notarized affidavit selecting survivor benefits is received by
the retirement system not later than one year after the date of the member's
death; or
(b) The first of the
month following the retirement system's receipt of the completed and notarized
affidavit selecting survivor benefits if the application is received by the
retirement system later than one year after the date of the member's
death.
(2) The months
during the period the survivor spouse must wait to age sixty-two shall be
included as months the spouse was receiving a benefit for purposes of division
(B) of section
3307.67
of the Revised Code.