Current through all regulations passed and filed through August 12, 2024
Section 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 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. (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 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 a properly completed application is filed with OP&F on or before the expiration of the notice period.(D) In the event 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.Ohio Admin. Code 742-3-16
Effective: 4/21/2024
Five Year Review (FYR) Dates: 2/5/2024 and 04/21/2029
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