Disabled children Survivor Benefit

Disabled Children Survivor Benefit - Charter Amendment C

DISABLED CHILDREN SURVIVOR BENEFIT - Charter Amendment C

Charter Amendment C was passed by the voters of the City of Los Angeles on March 3, 2009 to allow disabled children of deceased Plan members to marry or be adopted without losing the right to Dependent Child benefits.

Plan provisions provided Dependent Child benefits to the child of a deceased member who became mentally or physically disabled prior to turning twenty-one years of age. The Dependent Child was disqualified if he or she married or was adopted by a person of the same gender as the deceased member. Also, the benefit had to be paid to the Dependent Child's guardian or conservator. These provisions have been amended as follows:

General Provisions

Applicability - Effective May 1, 2009 and applies to disabled persons receiving Dependent Child benefits under any tier.
Elimination of the Marriage Penalty - No person shall be disqualified as a Dependent Child due to marriage. The provision shall apply to all applications for Dependent Child benefits on or after May 1, 2009. The benefits payable for any Dependent Child who was previously disqualified due his or her marriage may, on request, be reinstated as of May 1, 2009.
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 deceased Plan Member. This provision shall apply to all established Dependent Children and any future Dependent Children applicants. Any Dependent Child who was previously disqualified due to his or her adoption may, on request, be reinstated as of May 1, 2009.
Payment Options for Benefits Belonging to the Dependent Child - The following payment options, as applicable, shall be available to all tiers for Dependent Child benefits that are the property of the Dependent Child and not the property of any other Qualified Survivor:
1. Upon the Dependent Child's request, benefits may be paid directly to the Dependent Child if the Board of Fire and Police Pension Commissioners (Board) determines that the Dependent Child is an adult who is capable of managing his or her own financial affairs.
2. If it has been determined by the Board that the Dependent Child is not capable of managing his or her own financial affairs, benefits that are the property of the Dependent Child will be paid to the guardian or conservator of the Dependent Child's estate, 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.
Board Authority to Adopt Rules - The Board is authorized to adopt any rule necessary to implement these changes.

Implementation

For information on filing a new application for a Dependent Child Benefit, please contact the Disability Pension Section at (213) 978-4500 or (800) 787-2489 ext. 84500#.

For information on reinstating a Dependent Child Benefit, please contact the Retirement Services Section at (213) 978-4495 or (800) 787-2489 ext. 84495#.