Sec. 121.206. - Children's benefits.

(a) Notwithstanding any provisions to the contrary contained in Laws of Fla. Ch. 18615(1937), as amended, or Laws of Fla. Ch. 23259(1945), as amended; the amount of children's survivor pension benefit paid pursuant to these funds shall be increased to $200 per month; provided, that the conditions and maximum amounts established by the Pension Fund concerning children's benefits shall be followed and, in the event that any combination of survivor's benefits would exceed the amount allowable to the Member had he received a pension under the Pension Fund, the benefits shall be calculated and prorated among the entitled Beneficiaries in such a manner as not to exceed the maximum amount allowed to the Member. (b) If there is a surviving spouse, each child's benefit shall be $200 per month until (i) each child reaches age 18 years, whether or not the child is a qualified student, or (ii) each child reaches age 22, provided the child is a qualified student, or (iii) each child becomes married, whereupon the children's benefits described herein shall cease, provided that the total of the surviving spouse and children's benefits do not exceed the total of the deceased Member's projected benefit. In addition thereto, each child of a surviving spouse of a Member shall be entitled to the receipt of the minimum adjustment supplement provided in Section 121.201 (d)(2). (c) If there is no surviving spouse, each child under the age of 18 shall receive the greater of either: (a) $200 per month plus, for each child of a former Member, the minimum adjustment supplement provided in Section 121.201 (d)(2), or (b) a proportionate share of the surviving spouse's benefit (including the supplement where applicable) until (i) each child reaches age 18 years, whether or not the child is a qualified student, or (ii) each child becomes married, whereupon the children's benefits described herein shall cease. If there is no surviving spouse, each child who is age 18 or over and who is a qualified student shall be entitled to the payment of a child's benefit of $200 per month until (i) each child reaches age 22, or (ii) each child becomes married, whereupon the child's benefit described herein shall cease. In the event of multiple children causing the payment of a prorated benefit as each child no longer becomes eligible for the payment of children's benefits the remaining eligible children shall receive the greater of the benefits provided for in this Section up to the limits provided. (d) If there is no surviving spouse due to deaths after September 30, 2000, each child who is disabled and reaches age 18 shall become entitled to the receipt of children's benefits for life at an amount equivalent to 50 percent of the benefit otherwise allocable to the surviving spouse. However, the continuance of such lifetime children's benefits for disabled children shall be subject to the continued presence of the disabling condition. In order to qualify for benefits under this subsection, a child must make proper application for benefits and secure the approval of the Trustees. Such approval shall be based upon a comprehensive review of all documents and evidence pertaining to the nature, severity and continuance of the disabling condition or affliction. The standards for the disability determination shall generally conform to those employed by the Social Security Administration in conjunction with the payment of Supplemental Security Income (SSI) benefits for children with disabilities. For purposes of this subsection, a child will be considered disabled if he or she has a physical or mental condition (or a combination of conditions) that results in "marked and severe functional limitations." The disabling condition must last or be expected to last at least 12 months or be expected to result in the child's death. In addition thereto, the approval for the payment of benefits under this subsection shall be subject to the application of a needs and means test, wherein alternative resources available to the child shall be taken into consideration along with an assessment of the ability of the child to perform any "substantial work." (e) For purposes of applying subsections 121.206 (b) and (c), the term "qualified student" means an individual who is a full-time student at a qualified educational institution. For purposes of the foregoing, a "full-time student" is a person who is enrolled for the number of hours of courses the educational institution considers to be full-time attendance, and an "educational institution" means a school, qualified under Section 170(b)(1)(A)(ii) of the Internal Revenue Code, maintaining a regular faculty and established curriculum, and having an organized body of students in attendance. In addition, such "educational institutions" include primary and secondary schools, colleges, universities, technical schools, mechanical schools, and similar institutions, but does not include non-educational institutions, on-the-job training, correspondence schools and the like. Application for extended educational benefit payment must be made on the forms provided by the pension fund after the completion of each course period, and must be accompanied by notarized certification from the educational institution that the applicant was a full time student and satisfactorily completed the course work. Extended educational benefits will be paid as soon as administratively practical. (Ord. 82-407-401, § 1; Ord. 83-591-400, § 1; Ord. 90-916-463, § 2; Ord. 93-1773-1045, § 2; Ord. 97-340-E, § 5; Ord. 1999-1019-E, § 4; Ord. 2000-704-E, § 3; Ord. 2001-623-E, § 1; Ord. 2006-917-E, § 6; Ord. 2015-304-E , § 2; Ord. 2017-259-E , § 1)