STRS Ohio Survivor Benefits Under ORC 3307.66

The Statute That Governs Your Survivor Benefit Claim

ORC 3307.66 defines who qualifies for monthly survivor benefits and what benefit formulas apply when an active STRS Ohio member dies; ORC 3307.562 addresses account refunds and statutory succession when no beneficiary designation applies. These sections are the legal foundation for an active-member claim.

Here's what it actually says, translated from the legal language.

Who Counts as a "Qualified Survivor"

The statute defines qualified survivors as a specific, limited group:

1. Surviving spouse — legally married to the member at the time of death
2. Unmarried children under age 22 — biological or legally adopted
3. Incapacitated adult children — adjudged physically or mentally incompetent before age 22, regardless of current age
4. Dependent parents — parents who derived at least 50% of their financial support from the deceased member

This is an exhaustive list. Siblings, domestic partners, adult children over 22 (unless incapacitated before 22), and friends do not qualify for monthly survivor annuities regardless of whether they're named on the beneficiary form. Named non-qualified beneficiaries can receive only a lump-sum refund of accumulated contributions.

The Three Benefit Formulas

ORC 3307.66 establishes three methods for calculating the monthly survivor benefit when an active member meets the applicable service-credit and timing rules. Under current rules, members generally need at least 5 years of qualifying service credit; members hired on or after July 1, 2013, must also die within one year after contributing service ends unless they met retirement eligibility at death. Survivors review the calculations that apply to the account and choose among the available benefit options:

Dependent-based (ORC 3307.66): A percentage of Final Average Salary based solely on the number of qualified survivors — 25% for one, 40% for two, 50% for three, 55% for four, 60% for five or more. This formula works regardless of total service credit, making it the fallback for members who died with fewer than 20 years.

Service-based: Available when the member had 20 or more years of service credit. The percentage rises with years of service — 29% of FAS at 20 years, 54% at 25 years, 56% at 26, 57% at 27, 58% at 28, and 60% at 29 or more years. For long-tenured teachers, this formula usually beats the dependent-based calculation.

Retirement-based: Available only when the member had met age and service requirements for service retirement at death (currently 32 years of service at any age, or age 65 with 5 years). Calculated as if the member retired on the first day of the month following death and elected Plan II Option 1, with 100% continuation to the surviving beneficiary.

Statutory Succession Order (ORC 3307.562)

When a member dies without a valid beneficiary designation — or when a prior designation was automatically revoked by marriage, divorce, legal separation, the birth/adoption of a child, or withdrawal of the account — benefits follow the statutory succession order:

1. Surviving spouse (monthly benefits or refund)
2. Qualified children (monthly benefits or refund)
3. Dependent parents (monthly benefits or refund)
4. Non-qualified children (refund only)
5. Parents (refund only)
6. Estate (refund only)

The key distinction: categories 1–3 can choose between monthly annuity payments and a lump-sum refund. Categories 4–6 are limited to the refund.

The Lump-Sum Alternative (ORC 3307.562)

Instead of monthly benefits, any qualified beneficiary can elect a one-time withdrawal of the member's accumulated contributions plus statutory interest. If the member had 3 or more years of qualifying service credit, the refund includes a 50% employer match.

This election is irrevocable. Once the check is issued, the beneficiary permanently forfeits all rights to monthly survivor annuity payments and STRS Ohio health care program access.

Why the Statute Matters Practically

ORC 3307.66 determines the ceiling of what STRS Ohio can pay. STRS Ohio counselors calculate benefits within these statutory bounds — they cannot pay more than the formula allows, and they cannot expand the qualified survivor definition beyond what the statute provides.

If you're in a disputed claim situation — competing beneficiary designations, questions about whether a former spouse retains rights, or uncertainty about a dependent parent's qualification — the language of 3307.66 and 3307.562 is where the answers live.

For the full practical claim workflow built around these statutory rules, including benefit comparison worksheets and document checklists, see The STRS Ohio Survivor Benefits Guide.

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