Ohio Admin. Code 742-3-16 - Survivor benefits
(A)
"Interim Survivor Benefit Payment" is defined as the interim monthly survivor
benefit initially paid by Ohio police and fire pension fund ("OP&F") to a
surviving spouse of a member in the amount described in division (D) of section
742.37 of the Revised Code until
OP&F receives the
a properly completed survivor pension application
provided by OP&F and the required documents
referenced therein, subject to the terms and conditions set forth in this rule.
The survivor pension application, last modified on
October 6, 2017, can be found on OP&F's website,
www.op-f.org.
(B) Upon
receipt of OP&F's notice of the death of a member, the following will
occur:
(1) OP&F will process the interim
survivor benefit payment due the surviving spouse, which shall be paid to the
member's surviving spouse for a period not to exceed ninety days (the "Interim
Period");
(2) OP&F will send
the surviving spouse an application to the most recent address referenced in
the member's record or the address provided to OP&F.
(C) In the event the
a properly
completed application is not received by OP&F by the expiration of the
interim period, OP&F will send a notice to the surviving spouse that the
interim survivor benefit payments will be suspended, effective sixty days after
receipt of the notice of suspension (the "Notice Period"), unless
the
a
properly completed application is filed with OP&F on or before the
expiration of the notice period.
(D) In the event the
a properly
completed application is received by OP&F on or before the expiration of
the notice period, OP&F will no longer be considered to be paying interim
survivor benefit payments, but rather shall be paying the survivor benefit
provided for in division (D) of section
742.37 of the Revised
Code.
(E) In the event the interim
survivor benefit payments are suspended due to a surviving spouse failing to
file a properly completed application on or before the expiration of the notice
period, OP&F will begin to pay the survivor benefits provided for in
division (D) of section
742.37 of the Revised Code
beginning the month following OP&F's receipt of the properly completed
application for survivor benefits and OP&F will then pay any retroactive
survivor benefits due the surviving spouse, subject to the provisions of
paragraph (F) of this rule.
(F) In
the event OP&F pays a benefit to a member prior to OP&F's receipt of
notice of the member's death, the member benefit payment is not returned to
OP&F, and the surviving spouse is the beneficiary of the member's estate,
then in such event, OP&F will offset any member benefit paid against the
survivor benefits due the surviving spouse under division (D) of section
742.37 of the Revised Code and
section 742.58 of the Revised Code, as
necessary.
(G) For purposes of the
notices provided for in this rule, the notices will be deemed to have been
given as of the earlier of:
(1) The date of
the actual receipt;
(2) The next
business day when sent via express mail or personal delivery; or
(3) Three days after mailing in the case of
first class or certified U.S. mail, which will be based upon the date of the
postmark of such mailing.
(H) For purposes of filings provided for in
this rule, all filings will be the date of OP&F's actual receipt of the
filings.
(I) OP&F may
conclusively rely upon its books and records for purposes of determining the
notices and filings provided for in this rule.
(J) OP&F will pay all other survivor
benefits provided for in section
742.37 of the Revised Code upon
OP&F's receipt of the properly completed application by eligible
parties.
(K) OP&F will
reimburse the medicare part "B" premium to the surviving spouse according to
the terms of division (B) of section
742.45 of the Revised Code and
rule 742-7-09 of the Administrative
Code.
Notes
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.37, 742.58
Prior Effective Dates: 02/07/2000 (Emer.), 05/01/2000, 02/14/2005, 08/28/2008, 09/26/2013, 01/01/2019 (Emer.), 03/29/2019
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