Part 9 — SURVIVING CHILD'S SCHOOL ALLOWANCE

A.

The retirement board referred to in Part 3 of this Chapter 3.36 is hereby authorized and empowered to adopt, administer and enforce all such rules and regulations, not inconsistent with the provisions of this part, as it may deem reasonably necessary for the proper administration, management, implementation, carrying out, enforcement or control of the provisions of this part or of the program provided for by the provisions of this part.

B.

In addition, the retirement board is hereby authorized and empowered to make inquiries and investigations, hold hearing, and make administrative or factual findings and determinations where it finds such to be reasonably necessary for the proper administration, management, implementation, carrying out, enforcement or control of the provisions of this part or of the program provided for by the provisions of this part. Any and all such findings and determinations of the retirement board shall be deemed final and conclusive.

(Prior code § 2903.270k.)

As used in this Part 9:

A.

"Educational Institution" Defined. "Educational institution" means a school (including a technical, trade or vocational school), junior college, college or university:

Which is operated or directly supported by the United States, or by any state of the United States, or by any local government or political subdivision thereof; or

Which is approved by a state or accredited by a state-recognized or nationally recognized accrediting agency or body. A nationally recognized accrediting agency or body is an agency or body that has been determined to be such by the United States commissioner of education. A state-recognized accrediting agency or body is an agency or body designated or recognized by a state as a proper authority for accrediting schools, colleges or universities as meeting educational standards. Approval by a state includes approval of a school, college or university as an educational institution, or of one (1) or more of the school's, college's or university's courses by a state agency or subdivision of the state. This approval may be indirect, as for example, if attendance at the school satisfies the state's compulsory educational laws, or if the school has tax exemption as a school, or if the school receives financial aid, loans or scholarship allowances; or

Whose credits are accepted, on transfer, by not less than three institutions which have been accredited by a state recognized or nationally recognized accrediting agency or body, for credit on the same basis is if transferred from an institution so accredited. Acceptance of credits on transfer includes, in addition to acceptance of laterally transferred credits between similar institutions, acceptance of credits completed in an institution at a lower grade level for entrance into an institution at a higher grade level.

B.

"Eligible Surviving Child" Defined. "Eligible surviving child" means a surviving child, as defined in subsection E. of this section, who meets and satisfies all of the following conditions:

Such surviving child must have attained the age of eighteen years; and

Such surviving child must not have attained the age of twenty-two years; and

Such surviving child must be neither married nor a member of a domestic partnership; and

Such surviving child must be a full-time student, as such term is defined in subsection D. of this section.

C.

"Full-Time Attendance" Defined.

"Full-time attendance" at an educational institution means:

a.

Enrollment in a junior college, college or university in a day or evening noncorrespondence course of at least thirteen school weeks' duration which is full-time under the school's standards and practices for day students; or

b.

Enrollment in any other educational institution in a day or evening noncorrespondence course of at least thirteen school weeks' duration which is full-time under the school's standards and practices for day students with scheduled attendance at the rate of twenty hours per week or more.

The thirteen-school-week duration requirement is met if the course lasts for thirteen weeks including the beginning and ending weeks.

The thirteen-school-week duration requirement refers to the entire course of study (e.g., a four-year high school or college course, a two-year junior college course), and not a semester, trimester, summer school session, or other segment of the course. If a student attending a course of at least thirteen school weeks' duration drops out or is dropped before completing the thirteen school weeks, he or she may still qualify for the months of full-time attendance.

A student whose full-time attendance begins or ends in a month is in full- time attendance for that month.

D.

"Full-Time Student" Defined. "Full-time student" means a student who is in full-time attendance, as such term is defined in subsection C. of this section, as a student at an educational institution as such term is defined in subsection A. of this section, except that no student shall be deemed to be a full-time student if

he or she is paid by his or her employer for attending an educational institution at the employer's request or pursuant to a requirement of the employer.

E.

"Surviving Child" Defined. "Surviving child" means a child who, if he or she were under the age of eighteen years, would be deemed to be a surviving child as such term is defined in Part 8 of Chapter 3.36 and, as such, would be entitled, if he or she were under eighteen years of age, to a surviving child's survivorship allowance under and pursuant to the provisions of said Part 8.

(Prior code § 2903.270a - e, h; Ords. 20202, 23807, 27712.)

A.

A student who has been in full-time attendance at an educational institution is deemed to be in full-time attendance during a period of nonattendance at an educational institution if the period of nonattendance is four consecutive calendar months or less, and the student:

Establishes that he intends to be in full-time attendance at an educational institution in the month immediately following such period of nonattendance; or

Is in full-time attendance at an educational institution in the month immediately following the period of nonattendance.

B.

A period of nonattendance is any period in which a student is not a full-time student (i.e., he is not attending school, he is attending school less than full-time, or he is attending a school that is not an educational institution).

C.

A period of nonattendance begins on the first day of the month following the last month in which the student was in full-time attendance, and ends on the last day of the month preceding the month in which the student resumes full-time attendance.

D.

A student or individual shall not be deemed a full-time student or in full-time attendance during any period of nonattendance if the nonattendance is due to expulsion or suspension from school, notwithstanding that such student or individual intends to resume or actually does resume full-time attendance within four calendar months after the beginning of such period of nonattendance or later.

(Prior code § 2903.270f; Ord. 20202.)

An eligible surviving child is entitled to a surviving child's school allowance under the provisions of this Part 9 for each calendar month, after January 1, 1968, in which all the conditions of entitlement described in the preceding provisions of this part are met. The last month for which such child is entitled to a surviving child's school allowance under the provisions of this part is the month before the month, in which any of the following events first occurs:

A.

The child dies; or

B.

The child marries; or

C.

The child becomes a member of a domestic partnership; or

D.

The child attains the age of twenty-two (22) years; or

E.

The first month during no part of which the child is a full-time student.

(Prior code § 2903.270i; Ord. 27712.)

An eligible surviving child shall be entitled to receive, for each calendar month after January 1, 1968, in which all of the conditions of entitlement described in the preceding provisions of this Part 9 are met by him, and in no event for any period longer than the duration of his entitlement as specified in Section 3.36.1440, a child's allowance. The amount of such allowance for each calendar month for which said child is eligible for the same shall be the same as the amount which would be payable to him for each such month as a surviving child's survivorship allowance under and by virtue of the provisions of Part 8 of this chapter if he were under the age of eighteen years and otherwise entitled to a surviving child's survivorship allowance under the provisions of Part 8. Anything in said Part 8 or elsewhere in this chapter to the contrary notwithstanding, for the purpose of determining and computing the amount of the child's survivorship allowance which would be payable to such child under the provisions of Part 8 if he were under the age of eighteen years and otherwise entitled to such survivorship allowance, and also for the purpose of determining and computing the amount of child's survivorship allowance payable under the provisions of Part 8 to other surviving children of the parent because of whose death said child is entitled to a school allowance, the child claiming the school allowance shall be deemed and considered to be one of the surviving children entitled to a child's survivorship allowance under the provisions of Part 8.

(Prior code § 2903.270j.)

Notwithstanding any other provisions of this retirement plan, Part 9 shall apply to tier 2 members; provided, however, the allowance paid to the child or children of a tier 2 member shall be limited to eighty percent of the allowance determined under Section 3.36.1450.

(Ords. 29266, 29879.)