Code of Vermont Rules › Agency 03 - OFFICE OF THE STATE TREASURER › Sub-Agency 030 - STATE TEACHER'S RETIREMENT SYSTEM › Chapter 002 - REGULATION 2000-1, SURVIVING DEPENDENT BENEFICIARIES › Section 03 030 002 - REGULATION 2000-1, SURVIVING DEPENDENT BENEFICIARIES

Current through June, 2024
Section 1   Purpose
This Regulation is intended to implement the surviving dependent beneficiaries provisions of Title 16, Chapter 55,   Section 1941(b)(2).
Section 2   Authority
This Regulation is promulgated pursuant to Title 16, Chapter 55,   Section 1942(f).
Section 3   Definitions
(1)   "Approved educational program" means a secondary educational institution, an accredited post-secondary educational institution or a home study program allowed pursuant to Title 16   § 166b.
(2)   "Board of Trustees" means the Board of Trustees of the Vermont State Teachers' Retirement System.
(3)   "Child" means:
a.   A member's natural child who could inherit the member's personal property as his or her natural child under Vermont's inheritance laws;
b.   A member's legally adopted child; or
c.   A member's equitably adopted child.
(4)   "Dependent" means:
a.   A member's child who is less than eighteen years of age at the time of the member's death;
b.   A member's stepchild who is less than eighteen years of age and lived in the same household as the member and relied on support from the member at the time of the member's death;
c.   A member's child who is less than twenty-three years of age if such child is regularly enrolled in an approved educational program;
d.   A member's stepchild who is less than twenty-three years of age if such child is regularly enrolled in an approved educational program and lived in the same household as the member and relied on support from the member at the time of the member's death;
e.   A member's child of any age who at the time of the member's death was
1.   disabled,
2.   incapable of self-support,.
3.   reliant on the member for support,
4.   unmarried, and
5.   not a party to a civil union;
f.   A member's stepchild of any age who at the time of the member's death was
1.   living in the same household as the member,
2.   disabled,
3.   incapable of self-support,
4.   reliant on the member for support,
5.   unmarried, and
6.   not a party to a civil union;
g.   A member's parent or grandparent if such person relied on the member for support at the time of the member's death;
h.   A member's grandchild, brother or sister of less than eighteen years of age if such person relied on the member for support at the time of the member's death; or
i.   A member's grandchild, brother or sister of any age who at the time of the member's death was
1.   disabled,
2.   incapable of self-support,
3.   reliant on the member for support,
4.   unmarried, and
5.   not a party to a civil union.
(5)   "Disabled" means the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months. A disabled person must have a severe impairment that makes the person unable to do work previously performed by that person or any other substantial gainful activity that exists in Vermont's economy.
(6)   "Living in the same household" means that a child or stepchild was ordinarily residing in the same home as a member for at least twelve months prior to that member's death and that member exercised parental control and authority over that child or stepchild.
(7)   "Ordinary living costs" means food, shelter, routine medical care, and other ordinary and customary items needed for maintenance of a person.
(8)   "Self-support" means income available to a person that provides for his or her ordinary living costs.
(9)   "Support" means a member contributed his or her own cash, goods or services for the ordinary living costs of another person for at least twelve months prior to the member's death. Contributions by a member must have been made regularly and have provided for at least one half of the other person's ordinary living costs. Occasional gifts or donations for a special purpose are not considered to be support. Any other income available to such other person must amount to one half or less of that person's ordinary living costs.