(A)
For the purpose
of this rule:
Survivor benefits will be paid to
a child of a deceased member or retirant until the child -
(1)
"Institution of
learning or training" shall mean a high school, vocational or trade school,
college or university.
Is
married,
(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.
Attains the age of eighteen, or
(3) If the child is a full-time
student, attains the age of twenty-three.
(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
.
, as
determined by the retirement board.
(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)
does not take off
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.
(4) To the extent that a student is
a minor, a parent or guardian must sign the forms referenced in paragraphs
(B)(1) and (B)(2) of this rule. In addition, the parents or guardian are
jointly and severally responsible with the student (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)
Notwithstanding the provisions of paragraph (A) of
this rule, survivor
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.
Notes
Ohio Admin. Code
5505-7-03
Five Year Review (FYR) Dates:
8/25/2021 and
08/25/2026
Promulgated
Under:
111.15
Statutory Authority:
5505.07
Rule Amplifies:
5505.17
Prior Effective Dates: 01/01/1986, 12/01/1987, 10/21/2005,
04/27/2006, 12/16/2011, 11/17/2016
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
