|
|
|
All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev.08/03
STATE OF OHIO
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the Division of Vital
Statistics, Room G-20, 65 South Front Street, Columbus, OH 43266-0333, telephone (614)
466-2531.
STATE DEATH BENEFITS
There is no one-time death payment.
STATE PENSION BENEFITS
In 1976, the 111th General Assembly of the State of Ohio established the Firemen and
Policemen’s Death Benefit Fund to provide special benefits to the eligible survivors of
public safety officers who are killed in the line of duty or who die of injuries or diseases
incurred in the performance of official duties. The Death Benefit Fund is funded by the state
and administered by the Board of Trustees of the Police and Firemen’s Disability and
Pension Fund (PFDPF). Benefits are financed through biennial legislative appropriations
and gifts.
Survivors of public safety officers who had been employed in qualifying positions covered
under the following Ohio Retirement Systems (ORS) may be eligible to receive these special
monthly cash benefits:
PFDPF Members - Virtually all full-time municipal police officers are
members of the PFDPF.
SHPRS Members - Members of the Ohio State Highway Patrol Retirement
System who are sworn law enforcement officers are employed in covered
positions.
PERS Members - Members of the Public Employees Retirement System are
covered under the Death Benefit Fund.
CRS Members - Members of the Cincinnati Retirement System employed as
full-time law enforcement officers of parks, waterway lands, or reservoir lands
under the control of the City of Cincinnati are covered (if the employee died on
or after April 9, 1981).
OH
- 2 -
Rev.08/03
Survivors may be eligible for benefits if the public safety officer’s death is attributable
to any of the following:
an injury or disease incurred as a result of the performance of duty;
heart disease, with fatal attack while in the performance of duty; or
heart disease while off-duty, if the fatal attack can be attributed to an
incident while in the performance of duty.
If the public safety officer had retired from a covered position and had been receiving
disability benefits from one of the previously-named Ohio Retirement Systems, then the
survivors might qualify for benefits if the cause of death is the direct and proximate
result of the duty-related disabling condition(s) for which the decedent had been placed
on disability retirement.
The following survivors of a covered public safety officer whose death is ruled to be
duty-related are eligible for benefits:
Spouse;
Unmarried children under age 18;
Unmarried children between the ages of 18 and 22 who are students attending
an educational institution under a qualified program of instruction; or
Dependent parent(s) if, and only if, the decedent:
(1) had died on or after January 1, 1980, and
(2) was not survived by a spouse or child.
If the deceased public safety officer had not qualified for age and service retirement
under PFDPF, PERS, SHPRS, or CRS, the eligible survivors, as a group, receive the
decedent’s “base pay” salary authorized by ordinance, statute or contract for the
position held by decedent) minus an amount equal to the benefits payable by PFDPF,
PERS, SHPRS, or CRS. Whenever there is an increase in the “base pay”, the benefits
payable to survivors are increased accordingly. Should the normal survivor benefits be
increased, then the Death Fund benefits are reduced by the amounts the normal
survivor benefits are increased.
The law provides for the division of the decedent’s monthly “base pay” among the
eligible survivors according to the following rules:
Surviving spouse with no eligible children: full “base pay”;
Surviving spouse with one eligible child: ½ of “base pay” to spouse and ½
of “base pay” to child;
Surviving spouse with 2 or ore eligible children: 1/3 of “base pay” to spouse
and 2/3 of “base pay” divided equally among the children;
One eligible child: full “base pay”
OH
- 3 -
Rev.08/03
Two or more eligible children: full “base pay” divided equally among the
children.
The initial distribution of the benefit is based on the eligibility of survivors at the time
of the public safety officer’s death.
ALL benefits payable under the Death Fund terminate on the date the decedent
would have qualified for age and service retirement. If otherwise eligible, the
survivors will continue to receive the benefits payable under the decedent’s pension
fund or retirement system. However, a converted benefit may be paid to either the
surviving spouse or divided among qualifying survivors. Prior to the date the member
would have been eligible to retire, any of the following occurrences results in
termination of an individual’s Death Fund benefit:
Spouse: death;
Children under age 18: marriage, attainment of age 18, or death (disabled
children may be able to continue the benefit beyond age 18);
Students between the ages of 18 and 22: marriage, attainment of age 22, loss
of “qualified student status”, or death;
Dependent parent(s): death.
If the surviving spouse has not remarried by the date the decedent would have qualified
for age and service retirement, or if the decedent had been eligible for retirement on the
date of death, the spouse qualified for a “converted” Death Fund benefit. The monthly
benefit equals 50 percent of the monthly “base pay” for the decedent’s position on either
(1) the date the decedent would have been eligible to retire, or (2) the date of death, if the
decedent had been eligible to retire on the date of death.
The benefit is reduced only by the amount of any pre-retirement survivor annuity paid to
a PFDPF spouse. This benefit terminates only upon the surviving spouse’s death.
If the decedent is not survived by a spouse, or if the surviving spouse had died prior to the
decedent’s retirement eligibility date, then a minor child or student might qualify for
benefits if otherwise eligible. The monthly benefit to each child or student is an equal
share of 50 percent of the monthly “base pay” for the decedent’s position in effect on
the date the decedent would have been eligible to retire, or on the day the decedent died if
(s)he would have been eligible to retire, divided by the number of eligible children. An
individual benefit could be reduced by the amount of any PFDPF pre-retirement
survivor annuity. As each child or student loses his/her eligibility, that portion of the total
benefit is redistributed among the remaining survivors.
Eligible survivors, with few exceptions, will receive two checks monthly: one from the
Death Fund, and one from the decedent’s pension fund or retirement system. Benefits are
paid at the first of each month for that month.
OH
- 4 -
Rev.08/03
Contact The Police and Firemen’s Disability and Pension Fund of Ohio, 140 E.
Town Street, Columbus, OH 43215, telephone (614) 228-2975 or (800) 860-9599.
BUCKEYE STATE SHERIFFS' ASSOCIATION
Buckeye State Sheriffs' Association (BSSA) benefits are payable to the beneficiaries of any
employee who is a current year member of the Association.
* $2,000 Term Life, any cause
* $5,000 Accidental Death/Dismemberment
* $7,500 In-Line-of-Duty Death
* Coverage continues to age 80 if employment with Department
continues.
* Waiver of premium for disability after nine (9) months of continuous
disability prior to age 60.
* Certain restrictions apply. See policy for exact coverage.
Benefits are payable to current beneficiary of record. BSSA members should refer to their
insurance policy for explanation of all benefits.
Claim forms can be obtained from Buckeye State Sheriffs' Association, 6230 Busch
Blvd., Suite 300, Columbus, OH 43229, phone (800)589-2772.
EDUCATION BENEFITS
Under the Ohio Revised Code 3333.26, children and the spouse of an officer who dies in the
line of duty, and who is admitted to any State university or college as defined in Division (A)
(1) of Ohio Revised Code 3345.12, community college, state community college, university
branch or technical college, shall not be required to pay any tuition or any student fee for
up to four years of education, which shall be at an undergraduate level. Benefits are available
to those under age 26 or age 30 with military service who have been a resident of Ohio for at
least one year. A former spouse who was divorced or legally separated from the deceased
person is eligible if he or she is the court-ordered custodial parent of a minor child of the
marriage.
The local agency should contact their elected state official (State Senator or State
Representative) for procedure in applying for this or contact the Ohio Student Aid
Commission, State Grants and Scholarships Department, 309 S. 4th Street, P. O. Box
182452, Columbus, OH 43218-2452, telephone (614) 752-9535. The financial aid office at
the institution should be aware of this Ohio Statute.
Beginning March 2, 2001, the tuition and fee waiver applies to survivors of persons who held
an equivalent law enforcement position in another state and were killed in the line of duty.
OH
- 5 -
Rev.08/03
The child or spouse must meet the existing programs's requirements regarding age and
residency in Ohio.
POLICE CORPS SCHOLARSHIP FUNDS
The Police Corps is administered by the Office of the Police Corps and Law Enforcement
Education (OPCLEE), within the Office of Justice Programs, US Department of Justice, in
partnership with participating States that have submitted an approved State Plan. Information
can be found at www.ojp.usdoj.gov/opclee.
The Police Corps awards scholarships and reimburses educational expenses to students who
agree to work in a State or local police force for at least four years. Students must pursue an
undergraduate or graduate degree in a course of study which, in the judgment of the State or
local police force to which the participant will be assigned, includes appropriate preparation
for police service. Police Corps funds cover education expenses (including tuition, fees,
books, supplies, transportation, room and board, and miscellaneous expenses) up to $7,500
per academic year, with a limit on total payments to any student of $30,000.
Police Corps scholarship funds are also available to dependent children of law
enforcement officers killed in the line of duty if the death occurred within the state after
that state was approved to participate in the Police Corps program. In Ohio, the death
must have occurred since April 1997. These scholarships may be applied to any course
of study, without any service or repayment obligation.
Police Corps participants are selected on a competitive basis by each State under regulations
prescribed by OPCLEE.
For more information, contact: University of Toledo, Mr. D. Michael Collins, telephone
(419) 530-5303, fax (419) 530-5333, email ohiopolicecorps@utoledo.edu, or visit the
website at http://ohiopolicecorps.utoledo.edu/.
HEALTH BENEFITS
Health plans vary. Check with your local department to determine benefit packages
available. Surviving spouses and dependent children are eligible to receive health care
benefits from PFDPF (address and phone on page 3).
OH
- 6 -
Rev.08/03
WORKERS' COMPENSATION
Workers' Compensation coverage is compulsory for employers in Ohio; however waivers are
allowed.
Workers' Compensation benefits are payable to beneficiaries of ALL agency personnel
providing the following criteria, as outlined in "A", are met.
A. Should death be caused by or related to an industrial injury or
disease, worker's compensation will be paid to the spouse for life
duration unless remarriage occurs and to dependent children
until age 18 or beyond age 18 if disabled, or until age 25 is
full-time students.
B. If the spouse remarries, they will receive an amount equal to two
(2) years compensation.
C. Rate: 2/3 of the decedent's average weekly wage with a minimum
weekly benefit of $214.67 and a maximum weekly benefit of $644. This
benefit is adjust annually.
D. Maximum burial allowance is $5,000.
To receive workers' compensation benefits the surviving spouse must take the initiative and
file a workers' compensation claim through a workers' compensation attorney to receive any
compensation. The determination as to whether the claim will be paid will be determined by
the Workers' Compensation Appeals Board.
Claim forms can be obtained from the Bureau of Worker's Compensation, Claims
Section, 30 West Spring Street, Columbus, Ohio, 43266-0581; (800) 644-6292 or 125 East
Court Street, Cincinnati, Ohio; 852-3341.
PERSONAL LIFE POLICIES
All property of an intestate, both real and personal, or if there is surviving spouse, excess, if
any, over share of such spouse (as to which see infra), descends and is distributed as
follows, each class of which member is living taking to exclusion of subsequent classes: (1)
child or children and/or lineal descendants of deceased child or children; (2) parents equally or
all to surviving parent; (3) brothers and sisters of whole or half blood and/or lineal
descendants of deceased brothers and sisters; (4) one-half to maternal grandparents or survivor
of them, and one-half to paternal grandparents or survivor of them; (5) if both maternal or
both paternal grandparents are deceased, their one-half goes to their lineal descendants, or if
there be no such descendants, to surviving grandparent or grandparents or their lineal
descendants; (6) next of kin of equal degree, no representation among next of kin more remote
OH
- 7 -
Rev.08/03
than stepchildren or their lineal descendants, escheat to state. Next of kin are determined
according to civil law rules. (2105.03).
When all who inherit are of equal degree of consanguinity to intestate, they take per capita;
when of unequal degree, they take per stirpes.
Surviving spouse takes share of estate as follows: If one child or his lineal descendants
surviving, then first $60,000 if spouse is natural or adoptive parent of child, or first $20,000 if
not, plus one-half of balance of estate; if more than one child or their lineal descendants
surviving, then first $60,000 if spouse is natural or adoptive parent their lineal descendants,
then whole estate.
Surviving spouse is entitled to receive one automobile from estate if not otherwise disposed
of by will. Automobile is not considered estate asset and is not included in estate inventory.
PEER SUPPORT ORGANIZATION
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professional, and local peer-support organizations to provide assistance to surviving families
of law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police
survivors nationwide. Contact: Mrs. Linda Pope, Ohio COPS, 7691 Brooks Road,
Harrison, OH 45030, (513) 367-2130, email pope256@earthlink.net.
ADDITIONAL BENEFITS
Ohio Victims of Crime Compensation Program offers compensation to victims of
criminally injurious conduct and their dependents for a wide variety of out-of-pocket
expenses. Ohio's Program is fair, enabling all victims to have the opportunity to be
represented by the attorney of their choice with attorney fees paid from the reparations fund.
Ohio's Program does not cost the taxpayers one dollar. All awards, attorney fees and
administrative costs are funded from court costs assessed against all persons convicted of or
pleading guilty to misdemeanors and felonies. Law enforcement survivors have been denied
compensation from this fund. OHIO COPS is working to get this changed.
For more information or to find out available compensation contact Ohio Victims of
Crime Compensation Program, 65 East State Street, Suite 1100, Columbus, OH 43215;
1-800-824-8263.
Fraternal Order of Police: The FOP State Lodge provides a $1,000 death benefit in addition
to what your local lodge may provide.
OH
- 8 -
Rev.08/03
Contact the Ohio State Fraternal Order of Police, 222 E. Town Street, Columbus, OH
43215, telephone (800)367-6524.
The Ohio State Police Memorial is located in Columbus, Ohio at the OSP Academy.
A memorial plaque honoring fallen officers from 1976 forward is located at the Ohio Peace
Officers Training Academy in London, Ohio. A memorial service is held every year during
National Police Week to honor fallen officers who died in 1976 or later.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
|
|
|
Web site copyrighted © 2005 by Lydia Warner Miller