Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 10 - Public Employees Retirement System › Subchapter 10 - Department of Corrections Death in Performance of Duty Benefits › Section 590:10-10-7 - Surviving Child Benefit

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				total monthly benefit amount as set by statute shall be paid where an employee
				of the Department of Corrections is killed or mortally wounded in the
				performance of his or her duty and leaves one or more Surviving Children. This
				benefit is paid in addition to the Surviving Spouse benefit.
(b) Surviving Child means a minor child under
				the age of eighteen (18) years or a child between the ages of eighteen (18) and
				twenty-two (22) who is attending school. Surviving Child further means a child
				who is the natural or legally adopted child of the deceased employee.
(c) Any child of any age who is or has been
				married is considered emancipated and is not considered to be a Surviving Child
				for purposes of payment of this benefit.
(d) Attending school means enrolled in and
				regularly attending on a full-time basis an accredited public or private
				secondary school or institution of higher education. Proof of attending school
				shall be provided by the person receiving the benefit at the beginning of each
				semester as well as a copy of grades received at the end of each semester. If
				there is more than one Surviving Child, proof of school attendance shall not be
				required unless that child is the sole basis for payment of the benefit or the
				sole basis for payment of a part of the benefit if the benefit is divided as
				provided in subsection (e) below. If the Surviving Child drops classes and
				becomes a part-time student or withdraws from the school or institution of
				higher education, then benefits shall cease the last day of the month in which
				the child becomes a part-time student or withdraws. It is the responsibility of
				both the Surviving Child and the person receiving the benefit payment to
				provide the proof of attendance and to notify the System of any change in
				student or marital status of the child.
(e) In the event that there is more than one
				Surviving Child and the children are in the care and custody of different
				individuals, the benefit shall be divided pro-rata for each child.
(f) The burden of proof of the relationship
				of the child to the deceased employee and to the person claiming payment shall
				be upon the person claiming entitlement to the payment. If a guardian has been
				named for a Surviving Child, the guardian shall be entitled to receive the
				benefit payment. A certified copy of the Order must be provided to the System.
				A Surviving Spouse who is the natural parent of the Surviving Child shall be
				presumed to have care and custody of said child unless the System receives a
				claim containing information to the contrary.
(g) Benefits terminate the last day of the
				month in which the last Surviving Child becomes twenty-two (22) or becomes
				ineligible for benefits under this Subchapter. Any benefits paid on behalf of
				an ineligible Surviving Child must be repaid to the System
				immediately.
Added at 22 Ok Reg 126,
				  eff 10-6-04 (emergency); Added at 22 Ok Reg 1354, eff
				  5-26-05