1. (a) For the purpose of approving a death-in-service benefit, a dependent child above the age of eighteen (18) will be considered mentally or physically incompetent by one (1) of the following methods:

   1. (1) Proof that the dependent has been deemed physically or mentally incompetent by an Arkansas court of jurisdiction; or

   2. (2) Verification by the Social Security Administration that the:

      1. (A) Dependent is receiving disability benefits on the deceased member’s Social Security account; and
      2. (B) Benefits became effective at the time of the member’s death.

2. (b) If neither of the above can be obtained, the dependent may appeal to the Board of Trustees of the Arkansas Public Employees’ Retirement System by the following method:

   1. (1) The dependent will furnish to the Arkansas Public Employees’ Retirement System a:

      1. (A) Description of the physical or mental impairment; and
      2. (B) List of all physicians seen for diagnosis or treatment;
   2. (2) The board will designate another physician by whom the dependent will be examined at the system’s expense; and
   3. (3) A written statement from the examining physician will be the basis for the decision of the board on incompetency of the dependent.
3. (c) The board may require verification of continuing incompetency or reexamination.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "205– 1986 (10) – Physical or Mental Incompetency"