102 KAR 1:165. Surviving children's benefits.

 

      RELATES TO: KRS 161.520

      STATUTORY AUTHORITY: KRS 161.310

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 161.520(6) provides that survivors benefits for a dependent child may be extended to age twenty-three (23) if the child is a full-time student in a recognized educational program beyond the high school level. This administrative regulation serves to define "recognized educational program," and to set up specific guidelines for administering this authorized extension of the benefit period.

 

      Section 1. Definitions. (1) "Full-time student" means a student who is in full-time attendance in a recognized educational program and is carrying a subject load which is considered full time for day students under the standards and practices of the educational institution.

      (2) "Recognized educational program" means an educational program beyond the high school level that has been approved by a state, or accredited by a state or nationally-recognized accrediting agency.

 

      Section 2. A minor child receiving payment of survivors benefits shall be paid in full for any month in which some payment is due. If the child is or plans to be a full-time student in a recognized educational program beyond the high school level, he may apply for continuation or restoration of his monthly benefit. If the child's application is approved, his monthly payment shall continue until he attains age twenty-three (23) unless he marries or stops attending school on a full-time basis.

 

      Section 3. If the child is a full-time student in a recognized educational program beyond the high school level at the time he reaches age eighteen (18), he shall make application for continuation of his benefit at least thirty (30) days prior to his 18th birthday. A child who is accepted as a full-time student in a recognized educational program after he attains age eighteen (18) shall make application for restoration of his monthly benefit at least thirty (30) days prior to his registration as a student.

 

      Section 4. Benefit payments for a properly qualified student shall begin with the first month which he is in full-time attendance at a recognized educational institution. The student shall be eligible for a full monthly benefit for his first month of attendance.

 

      Section 5. Proof of full-time school attendance shall be required if a child has reached age eighteen (18) but not age twenty-three (23). The child shall supply the necessary information on form SUR-1 (Student's Statement Regarding School Attendance, Revised 12/2000). The child shall provide proof of continuing full-time school attendance on form SUR-2 (Student Information Update Form). The information supplied by the student shall be corroborated by a written statement from the school involved.

 

      Section 6. Benefit payments may continue through the normal school vacation periods if the child was a full-time student immediately prior to the vacation period and he intends to continue full-time or actually does attend full-time after the end of the vacation period. Benefit payments shall not be made for more than four (4) months of vacation time during a school year. Benefit payments shall not be made during the summer vacation periods or the following school semesters until the application for benefits on a form prescribed by the Board of Trustees of the Teachers' Retirement System is received by the retirement system.

 

      Section 7. A child may be entitled to benefits retroactively for as many as six (6) months before the month in which he files the application for benefits. A child shall be entitled to benefits beginning with the first month in the six (6) month retroactive period in which he met all the requirements to be entitled to benefits except for the filing of an application.

 

      Section 8. When a child attains age eighteen (18) and continues to be entitled to benefits as a full-time student, the person who has been receiving the benefit payments shall continue to receive the payments unless it is deemed advisable to make payment directly to the child or in some other manner.

 

      Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "SUR-1 (Student's Statement Regarding School Attendance, Revised 12/2000)"; and

      (b) "SUR-2 (Student Information Update Form, 3/2003)".

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Teachers' Retirement System, 479 Versailles Road, Frankfort, Kentucky 40601-3800, Monday through Friday, 8 a.m. to 4:30 p.m. (TRS-8(a); 1 Ky.R. 463; eff. 3-12-75; Am. 17 Ky.R. 2479; 2939; eff. 4-5-91; 29 Ky.R. 2940; 30 Ky.R. 275; eff. 8-13-2003.)