School Employees Retirement System - General Provisions - Guardianship.

Published: 2018-03-26

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(1) For purposes of this rule, "benefit" means a payment from the accumulated contributions of the member or employer, or both, under Chapter 3309. of the Revised Code and includes an account refund, pension, annuity, disability benefit, or survivor benefit.

(2) For purposes of this rule, "benefit recipient" means any person who is eligible to receive a payment or benefit under Chapter 3309. of the Revised Code.

(B) Except as otherwise provided in this rule, guardianship of the estate shall be required to do any of the following on behalf of a member or benefit recipient who has a legal disability as defined in section 2131.02 of the Revised Code:

(1) The guardian may designate a beneficiary, but if the designation is anyone other than the estate or the statutory order of succession identified in section 3309.44 or 3309.50 of the Revised Code, the beneficiary designation must be approved by court order.

(2) Direct payment of benefits on behalf of the member or benefit recipient. Payment shall be issued to the guardian of the estate or as otherwise specified by court order.

(C) Guardianship of the estate shall not be required in the following situations:

(1) A court of competent jurisdiction issued a limited order pursuant to section 2111.02, 2111.021, 2111.05, or 2111.131 of the Revised Code or comparable law of another state that directs SERS to issue a member or benefit recipients payment to a specific person or entity, and identifies a specific account at a financial institution.

(2) If the benefit recipient is a minor, payment may be issued to the benefit recipients biological or adoptive parent so long as the minor is in the care and custody of the parent, or to the benefit recipients legal custodian.

(D) A guardian of the person may receive a benefit recipients account information, but cannot make any changes to the account.