Ohio Admin. Code 742-3-27

Current through all regulations passed and filed through December 9, 2024
Section 742-3-27 - Reselection of beneficiary upon remarriage

A member who remarries and desires to select a new spouse upon a remarriage may only do so if the member makes such selection within the statutory deadline and, in cases where the member has already selected beneficiaries under division (A)(4) of section 742.3711 of the Revised Code, the following shall apply:

(A) Less than four beneficiaries - In cases where there are less than four beneficiaries named under an annuity plan of payment, the member has the right to reselect a plan of payment by the stated deadline in order to name the new spouse as a beneficiary provided that the amount that would be due and payable to a former spouse designated as a beneficiary is not reduced in cases where this designation is made in furtherance of an existing court order.
(B) Four beneficiaries/voluntary designations - In cases where four beneficiaries are already named under a multiple beneficiary annuity plan of payment, but some beneficiaries have been voluntarily designated by the member who is not under an existing court order to do so, the member may cancel an existing beneficiary designation that is voluntary in order to name the new spouse as beneficiary. Any designations required under division (A)(4) of section 742.3711 of the Revised Code, however, may not be cancelled without a proper waiver or termination of such designation is received by OP&F . In any event, any amounts due and payable to a former spouse designated as a beneficiary will also not be reduced in cases where this designation is made in furtherance of an existing court order.
(C) Four beneficiaries/court ordered designations - In cases where four beneficiaries are already named under a multiple beneficiary annuity plan of payment due to existing court orders, which requires the member to make such designation, the member will be permitted to designate a new spouse on remarriage within the statutory deadline only if a proper waiver or termination of such designation is received by OP&F. Otherwise, no new designation can be made. In cases where a waiver or termination is received, any amounts due and payable to a former spouse will not be reduced.

Ohio Admin. Code 742-3-27

Five Year Review (FYR) Dates: 11/23/2021 and 11/23/2026
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 742.3711
Prior Effective Dates: 10/23/2006 (Emer.), 01/07/2007, 01/30/2017
Effective: 1/30/2017
Five Year Review (FYR) Dates: 11/15/2016 and 01/20/2022
Promulgated Under: 111.15
Statutory Authority: 742.10
Rule Amplifies: 742.3711
Prior Effective Dates: 10/23/06(Emer), 01/07/2007