TRS has a fiduciary responsibility to ensure retirement benefits are not overpaid upon the death of members or joint annuitants. To that end, TRS may request in writing the return of a Proof of Life Affidavit proving "alive and well" status of members and joint annuitants receiving monthly retirement benefits from TRS as set out below. If a valid Proof of Life Affidavit is not returned to TRS or does not, in the sole discretion of TRS, satisfactorily prove the "alive and well" status of such member or joint annuitant, TRS may suspend the monthly retirement benefit until TRS receives satisfactory proof of life documentation.
- (1) TRS will request the Proof of Life Affidavit via a dated letter to the member or joint annuitant requesting the return of the completed Proof of Life Affidavit. TRS must receive a valid Proof of Life Affidavit no later than 8 weeks from the dated letter.
- (A) If a valid Proof of Life Affidavit is not received by the 8 week deadline, the retirement benefit will be suspended. If a valid Proof of Life Affidavit is later returned to TRS, TRS will provide in a lump sum without interest any missed monthly retirement benefits and will reinstate the monthly retirement benefit as of the next regular monthly benefit payment date.
- (B) A valid Proof of Life Affidavit is one that is correctly completed, fully executed, and correctly notarized.
- (C) Due to what can often be an exorbitant cost or the unavailability of a notary, for members or joint annuitants living outside the United States, in its sole discretion and upon good cause shown, TRS may allow an alternative to notarization or to the Proof of Life Affidavit. This will be considered on a case by case basis, and the member or joint annuitant is responsible for providing all evidence of good cause to TRS.
- (2) TRS may request a Proof of Life Affidavit from any member or joint annuitant receiving monthly benefits who is age 89 or over, from any member or joint annuitant for which TRS receives a returned IRS Form 1099-R, and for all members or joint annuitants receiving monthly benefits who live outside the United States.
- (3) TRS may request a Proof of Life Affidavit on an ad hoc basis from any member or joint annuitant receiving monthly benefits when TRS has a good faith basis. TRS will document internally the good faith basis. A good faith basis is automatically established in the case of suspected fraud or when a member or joint annuitant is reported as deceased to TRS by its death reporting service or another credible source.
Added at 42 Ok Reg, Number 22, effective 9-1-25