(A) Subject to
section
3307.87
of the Revised Code and rule
3307:2-5-08 of the Administrative Code, a participant in the defined contribution program may designate a beneficiary as specified in the plan document. Such a designation shall be in writing on a form provided by and received by the retirement system before the
member's
participant's death and the form must be completed in
a manner satisfactory to the retirement system in its sole discretion. The most
recent designation filed with the retirement system revokes all previous
designations. The
member's
participant's marriage, termination of marriage, legal
separation, withdrawal or distribution of account, or the birth of the
member's
participant's child or the
member's
participant's
adoption of a child shall constitute an automatic revocation of any previous
designation. A permanent election by a
member
participant in
the combined plan or defined contribution plan that results in a change from
the
member
participant's's original retirement plan
selection
or a return
to the defined benefit plan pursuant to section 3307.25 of the Revised Code
shall also constitute an automatic revocation of any previous
designation.
(B) For beneficiary
designations received pursuant to paragraph (A) of this rule where the
member
participant named two or more beneficiaries and
specified percentages for each of the beneficiaries, the state teachers
retirement system shall pay the specified percentage of a lump-sum payment to
each named beneficiary if all of these conditions are met:
(1) Two or more beneficiaries were named in a
valid designation.
(2) Percentages
were provided for all named beneficiaries.
(3) The sum of the percentages is one hundred
per cent.
If any one of these conditions is not met, the lump-sum payment
will be divided equally among the beneficiaries. Should a designated
beneficiary predecease the member
participant, those funds shall be prorated based on
the remaining percentages designated and paid to the other designated
beneficiaries.
(C) In the event a designation of beneficiary
is not in effect upon the death of a participant prior to retirement, any
beneficiaries may qualify in accordance with the terms of the plan document in
the following order of precedence:
(1)
Surviving spouse;
(2) Children,
share and share alike;
(3) Parents,
share and share alike;
(4)
Estate.
(5) Person responsible for
funeral expenses up to the full amount of the funeral expenses.
(D) Prior to the effective date of
an application for retirement by a participant in the combined plan, the same
person must be designated as a beneficiary or determined to qualify as a
beneficiary as set forth in paragraph (C) of this rule in the event of the
participant's death. At retirement the participant may, however, designate
different beneficiaries for the defined contribution and defined benefit
portions of the combined plans.
(E)
If the death of a participant is caused by one of the following beneficiaries,
no amount due under a plan established under section
3307.81
of the Revised Code or Chapters 3307:2-1 to 3307:2-7 of the Administrative Code
shall be paid to the beneficiary in the absence of a court order to the
contrary filed with the retirement system:
(1)
A beneficiary who is convicted of, pleads guilty to, or is found not guilty by
reason of insanity of a violation or complicity in the violation of either of
the following:
(a) Section
2903.01,
2903.02 or
2903.03 of
the Revised Code;
(b) An existing
or former law of any other state, the United States, or a foreign nation that
is substantially equivalent to section
2903.01,
2903.02 or
2903.03 of
the Revised Code;
(2) A
beneficiary who is indicted for a violation of or complicity in the violation
of the sections or laws described in this rule and is adjudicated incompetent
to stand trial;
(3) A beneficiary
who is a juvenile is found to be a delinquent child by reason of committing an
act that, if committed by an adult, would be a violation of or complicity in
the violation of the sections or laws described in this rule.
(F) If a beneficiary cannot be
located or fails to submit the appropriate application within ninety days of
notification of available benefits, the rights of that beneficiary shall be
deemed waived and the next beneficiary in succession shall be entitled to
payment. Any payment made to a beneficiary as determined by the retirement
system shall be a full discharge and release to the system from any future
claims.
Notes
Ohio Admin. Code 3307:2-5-07
Effective:
6/7/2019
Five Year Review (FYR) Dates:
3/22/2019
Promulgated Under:
111.15
Statutory Authority:
3307.80
Rule Amplifies:
3307.81,
3307.87
Prior Effective Dates: 07/01/2001 (Emer.), 09/17/2001, 08/09/2007,
06/18/2009, 01/07/2013 (Emer.), 03/24/2013, 07/01/2013 (Emer.), 09/09/2013,
06/12/2014