(a) Applicability. The modifications set forth in this section are operative May 1, 2009 and apply to disabled persons receiving Dependent Child benefits provided under any tier.
(b) Elimination of the Marriage Penalty. No person shall be disqualified as a Dependent Child due to the fact that the person is married, was previously married, or subsequently marries. This provision shall apply to all persons who are Dependent Children on the operative date of this section and to all applications for Dependent Child benefits on or after this date. The benefits payable for any Dependent Child who was previously disqualified due to his or her marriage may, on request, be reinstated as of this operative date.
(c) Elimination of the Adoption Penalty. No person shall be disqualified as a Dependent Child due to the fact that the person has been adopted by a person of the same gender as the Plan Member or Retired Plan Member. This provision shall apply to all persons who are Dependent Children on the operative date of this section and to any applicant for Dependent Child benefits on or after this date. The benefits payable for any Dependent Child who was previously disqualified due to his or her adoption may, on request, be reinstated as of this operative date.
(d) Payment Options For Benefits Belonging to the Dependent Child. The following payment options, as applicable, shall be available under all tiers for Dependent Child benefits that are the property of the Dependent Child, provided that these payment options shall not apply to Dependent Child benefits that, under the provisions of the applicable tier, are the property of the Qualified Survivor:
(1) Upon the Dependent Child's request, benefits may be paid directly to the Dependent Child if the Board is satisfied, based upon such evidence as the Board considers sufficient, that the Dependent Child is an adult who is capable of managing his or her own financial affairs, provided that the Board may terminate direct payment to a Dependent Child upon receipt of evidence that he or she is no longer capable of managing his or her own financial affairs; or
(2) Dependent Child benefits that are the property of a person, who is either a minor or an adult whom the Board has not determined to be capable of managing his or her own financial affairs, shall be paid to the guardian or conservator of the Dependent Child's estate, as applicable, unless the Board authorizes payment to the trustee of a trust as provided below; or
(3) The Board may authorize payment to the trustee of a trust that meets the criteria of 42 U.S.C. Section 1396p(d)(4)(A), (B) or (C), after having determined it is in the best interest of the Dependent Child to do so, based upon the request of:
(A) The Dependent Child or the Dependent Child's agent pursuant to a durable power of attorney, provided that the Dependent Child is an adult with the capacity to manage his or her own financial affairs; or
(B) The parent or grandparent of the Dependent Child, if the Dependent Child does not have a guardian or conservator of his or her estate or person and is either a minor or an adult who is not capable of managing his or her own financial affairs; or
(C) The conservator or guardian of the Dependent Child's estate or, if none, the conservator or guardian of the Dependent Child's person.
(e) Effect on Future Tiers. The provisions of this section shall apply to all new tiers of the Plan that may be enacted in the future, unless expressly provided otherwise.
(f) Board Authority to Adopt Rules. The Board is authorized to adopt any rules necessary to implement these changes.
SECTION HISTORY
Added by Charter Amendment C, approved March 3, 2009, effective April 1, 2009.