8 Colo. Code Regs. § 1502-1-9

Current through Register Vol. 48, No. 1, January 10, 2025

Rule 8 CCR 1502-1-9 - SURVIVOR BENEFITS

Rule 9 describes the requirements for designation of named beneficiaries, defines job incurred death, specifies the date on which survivor benefits become payable and the date on which survivor benefits terminate. For the purposes of Rule 9, the term "member" shall include DPS members and the term "retiree" shall include DPS retirees.

9.10Designation of Named Beneficiary

Designation of a named beneficiary or named beneficiaries shall be made in writing, and shall contain the signature of the member or the signature of the individual(s) appointed to represent the member. Such designation shall take effect upon receipt by the Association.

9.20Job-Incurred Death

The member's death shall be considered job-incurred if the illness or injury which caused the death resulted from the performance of job duties.

9.30Survivor Benefit Application

Application for survivor benefits shall be made with the form(s) prescribed by the Association. Eligibility of applicants to receive survivor benefits shall be determined from documentation establishing age of applicant, relationship of applicant to deceased member, unmarried status, disability status, and full-time enrollment in school for children over age 18 and under age 23.

9.40Commencement of Survivor Benefits

Survivor benefits shall become payable on the first day of a month.

A. Benefits Payable at the Death of the Member

Survivor benefits payable at the death of the member shall be payable on the first day of the month following the month in which the death occurred.

B. Benefits Payable to Child Upon Enrollment in School

Survivor benefits which become payable to a qualified child upon full-time enrollment in school within six months of the date of the death of the member, or, for the DPS benefit structure, full-time enrollment in school within four months of the date of death of the member, shall be payable on the first day of the month in which full-time enrollment begins.

C. Surviving Spouse's Benefits

Surviving spouse's benefits shall become payable on the first day of the month in which the surviving spouse becomes eligible for a benefit.

D. Qualified Children's Benefits

Survivor benefits payable to qualified children pursuant to Rule 1.20 E shall become payable on the first day of the month in which the child is born or the decree of adoption is entered.

9.50Termination of Benefits

Survivor benefits shall be terminated on the date the survivor dies or is no longer qualified to receive such benefits.

A. Qualified Children's Benefits

(1) Under the PERA benefit structure, qualified children's survivor benefits shall terminate on the date of marriage of the child, on the date the Board finds that the child is no longer incapacitated, on the last day of the school term in which the child's full-time enrollment ceases, or, for disabled children age 23 or older, on the first day of the month in which the surviving spouse becomes eligible for a benefit.

(2) Under the DPS benefit structure, qualified children's survivor benefits shall terminate on the date of marriage of the child, on the date the Board finds that the child is no longer incapacitated, or on the last day of the school term in which the child's full-time enrollment ceases. The benefit shall also terminate on the date that an otherwise eligible child is adopted by anyone other than the unremarried surviving spouse of the member, and in such a case eligibility of the child shall be terminated by a subsequent remarriage of said surviving spouse.

(3) Benefits shall continue during annual vacation months for which the child is not enrolled in school if the child certifies within 30 days after the end of the prior term that they are enrolled for the following term. If the child does not certify within 30 days after the end of the prior term that he or she is enrolled for the following term, that child's benefits will be suspended for those vacation months. If that child later certifies that he or she is or was enrolled in school for the following term, the Association will resume payment of benefits and shall make retroactive payments to the child for the months for which the benefits were suspended due to failure to provide the summer certification. In the case of multiple qualified children, a child who is entitled to retroactive benefits pursuant to this Rule 9.50 A. shall not be paid benefits in an amount that would cause the total amount of benefits paid to the qualified children to exceed the percentage of Highest Average Salary as provided in 24-51-908(4) or 24-51-1738 through 1740, C.R.S. The Association shall not pay benefits in excess of the amount it must pay pursuant to the statutory provisions of the Association.

B. Dependent Parent's Benefits

Dependent parent's benefits shall terminate on the date the parent remarries.

9.60Resumption of Survivor Benefits Payments

A. Survivor benefits which have been terminated due to a child's ineligibility may be reinstated, upon receipt by the Association, of verification of unmarried status, and school attendance or disability status. Benefits will be terminated for any other benefit recipients who had become eligible, during the child's period of ineligibility, effective the first of the month in which documentation needed for reinstatement is received.

B. Survivor benefits which have been terminated due to marriage shall be reinstated upon receipt, by the Association, of a court order declaring the marriage invalid.

C. Reinstated benefits shall become payable the first day of the month of renewed eligibility, provided that no other benefit has been paid on the account for the same time period to which a retroactive payment might apply. If another benefit has been paid, the reinstated benefit shall become payable on the first of the month eligibility is verified.

9.70Division From Which Benefits are Payable

A. The division in which a deceased member or inactive member had membership immediately preceding the date of death shall be the division which determines the eligibility and benefits for a survivor of that member.

B. The survivor of a deceased member who was receiving salary from employers in multiple divisions prior to his or her date of death shall receive benefits from the division in which the deceased member had the greater salary postings in the month immediately preceding his or her death. If the deceased member had the same amount of salary postings in more than one division in the month immediately preceding death, the Association shall look to the prior month or months until there is a month that the deceased member had greater salary postings from one of the divisions, and the division with the greater amount of salary shall be the division which determines the eligibility and benefits for a survivor of that member.

8 CCR 1502-1-9

38 CR 23, December 10, 2015, effective 1/1/2016

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 04, February 25, 2017, effective 4/1/2017

40 CR 24, December 25, 2017, effective 2/1/2018

41 CR 14, July 25, 2018, effective 9/1/2018

41 CR 20, October 25, 2018, effective 1/1/2019

42 CR 20, October 25, 2019, effective 1/1/2020

43 CR 21, November 10, 2020, effective 1/1/2021

44 CR 20, October 25, 2021, effective 1/1/2022