FROM: Barbara Hannah, Chief Counsel
SUBJECT: Rescind Benefit Policy No. 022, and Replace with Benefits Policy No. 029 - Standard for Determining the Eligibility of a Continuance for a Survivor Benefit
RECOMMENDATION:
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Rescind Benefits Policy No. 022 - Standard for Determining Whether a Minor Child is Regularly Enrolled as Full-Time Student, and replace with Benefits Policy No. 029 - Standard for Determining the Eligibility of a Continuance for a Survivor Benefit.
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BACKGROUND:
The San Bernardino County Employees' Retirement Association (SBCERA) administers survivor continuance allowances pursuant to the County Employees Retirement Law of 1937 (CERL) upon the death of members. In general, if there is no surviving spouse entitled to an allowance or there is a surviving spouse caring for one or more children, the allowance shall be paid to an eligible surviving beneficiary so long as the child or children are unmarried and under the age of 18 years (although pursuant to certain statutes the child may be 18). In all cases, with the exception of child, who is totally disabled (Article 15.6), the benefits will continue to a child up to the date of the child's 22nd birthday if the child remains unmarried and is regularly enrolled as a full-time student in an accredited school as determined by the Board of Retirement (Board). The attached policy is an interpretation of the survivor continuance statutes concerning specific provisions where it is essential for the Board to adopt standards for determining the continuance to an eligible surviving beneficiary.
The proposed new Policy sets standards for the following:
1. The survivor benefit statutes require that the child be enrolled in an accredited school. Prior Benefits Policy No. 022 attempted to define the types of learning institutions that would be acceptable as an accredited school. Instead of listing the acceptable schools, this policy interprets that an approved accredited school is one...
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