As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 648 5
1997-1998 6
REPRESENTATIVES VAN VYVEN-BATCHELDER-OGG-OLMAN 8
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A B I L L
To amend sections 145.01, 145.011, 145.09, 145.295, 12
145.33, 145.35, 145.362, 145.45, 742.01, 742.03, 13
742.04, 742.05, 742.08, 742.10, 742.11, 742.22, 15
742.221, 742.23, 742.24, 742.251, 742.27, 742.31, 16
742.32, 742.33, 742.34, 742.35, 742.36, 742.37, 17
742.371, 742.372, 742.373, 742.374, 742.375, 18
742.376, 742.378, 742.379, 742.3711, 742.3713, 19
742.3714, 742.3715, 742.3716, 742.3717, 20
742.3718, 742.3719, 742.38, 742.39, 742.40, 21
742.50, 742.511, 742.512, 742.515, 742.52, 22
742.63, 3307.01, 3307.04, 3307.411, 3307.42, 23
3307.44, 3307.49, 3309.011, 3309.04, 3309.351, 24
3309.39, 3309.41, 3309.45, 4123.511, 5505.04, 26
5505.18, 5505.201, 5505.202, 5703.21, and 27
5731.09; to amend, for the purpose of adopting 29
new section numbers as indicated in parentheses, 30
sections 742.38 (742.59), 742.39 (742.60), 742.40 31
(742.61), and 742.61 (742.62); to enact new 32
sections 742.3720, 742.3721, 742.38, 742.39, and 33
742.40 and sections 145.351, 145.363, 742.381, 34
742.401, 3307.412, 3307.421, 3307.441, 3309.312, 35
3309.391, 3309.411, 4123.701, 5505.176, 36
5505.181, and 5505.182; and to repeal sections 38
171.06, 742.3720, and 742.3721 of the Revised 39
Code to make changes to the disability benefit 40
programs offered by the five state retirement 41
systems, to make other changes in the law 42
governing the state retirement systems, and to 44
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declare an emergency. 45
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 47
Section 1. That sections 145.01, 145.011, 145.09, 145.295, 49
145.33, 145.35, 145.362, 145.45, 742.01, 742.03, 742.04, 742.05, 51
742.08, 742.10, 742.11, 742.22, 742.221, 742.23, 742.24, 742.251, 52
742.27, 742.31, 742.32, 742.33, 742.34, 742.35, 742.36, 742.37, 53
742.371, 742.372, 742.373, 742.374, 742.375, 742.376, 742.378, 54
742.379, 742.3711, 742.3713, 742.3714, 742.3715, 742.3716, 55
742.3717, 742.3718, 742.3719, 742.38, 742.39, 742.40, 742.50, 56
742.511, 742.512, 742.515, 742.52, 742.63, 3307.01, 3307.04, 57
3307.411, 3307.42, 3307.44, 3307.49, 3309.011, 3309.04, 3309.351, 59
3309.39, 3309.41, 3309.45, 4123.511, 5505.04, 5505.18, 5505.201,
5505.202, 5703.21, and 5731.09 be amended; that sections 742.38 60
(742.59), 742.39 (742.60), 742.40 (742.61), and 742.61 (742.62) 62
be amended for the purpose of adopting new section numbers as 63
indicated in parentheses; that new sections 742.3720, 742.3721, 64
742.38, 742.39, and 742.40 and sections 145.351, 145.363, 65
742.381, 742.401, 3307.412, 3307.421, 3307.441, 3309.312, 66
3309.391, 3309.411, 4123.701, 5505.176, 5505.181, and 5505.182 of 67
the Revised Code be enacted to read as follows: 68
Sec. 145.01. As used in this chapter: 77
(A) "Public employee" means: 79
(1) Any person holding an office, not elective, under the 81
state or any county, township, municipal corporation, park 82
district, conservancy district, sanitary district, health 83
district, metropolitan housing authority, state retirement board, 84
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 85
university, or board, bureau, commission, council, committee, 86
authority, or administrative body as the same are, or have been, 87
created by action of the general assembly or by the legislative 88
authority of any of the units of local government named in this 89
division, or employed and paid in whole or in part by the state
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or any of the authorities named in this division in any capacity 90
not covered by section 742.01, 3307.01, 3309.01, or 5505.01 of 91
the Revised Code.
(2) A person who is a member of the public employees 93
retirement system who continues to perform the same or similar 94
duties under the direction of a contractor who has contracted to 95
take over what before the date of the contract was a publicly 96
operated function. The governmental unit with which the contract 97
has been made shall be deemed the employer for the purposes of
administering this chapter. 98
(3) Any person who is an employee of a public employer, 100
notwithstanding that the person's compensation for that 101
employment is derived from funds of a person or entity other than 102
the employer. Credit for such service shall be included as total 103
service credit, provided that the employee makes the payments 104
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 105
In all cases of doubt, the public employees retirement 107
board shall determine whether any person is a public employee, 108
and its decision is final.
(B) "Member" means any public employee, other than a 110
public employee excluded or exempted from membership in the 111
retirement system by section 145.03, 145.031, 145.032, 145.033, 112
145.034, 145.035, or 145.38 of the Revised Code. "Member" 113
includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also 114
includes a disability benefit recipient. 115
(C) "Head of the department" means the elective or 117
appointive head of the several executive, judicial, and 118
administrative departments, institutions, boards, and commissions 119
of the state and local government as the same are created and 120
defined by the laws of this state or, in case of a charter
government, by that charter. 121
(D) "Employer" or "public employer" means the state or any 123
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county, township, municipal corporation, park district, 124
conservancy district, sanitary district, health district, 125
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 126
cemetery, joint hospital, institutional commissary, state medical 127
college, state university, or board, bureau, commission, council, 128
committee, authority, or administrative body as the same are, or 129
have been, created by action of the general assembly or by the 130
legislative authority of any of the units of local government
named in this division not covered by section 3307.01 or 3309.01 131
of the Revised Code. In addition, "employer" means the employer 132
of any public employee.
(E) "Prior service" means all service as a public employee 134
rendered before January 1, 1935, and all service as an employee 135
of any employer who comes within the state teachers retirement 136
system or of the school employees retirement system or of any 137
other retirement system established under the laws of this state 138
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 139
other system after that other system was established, credit for 140
the service may be allowed by the public employees retirement 141
system only when the employee has made payment, to be computed on 142
the salary earned from the date of appointment to the date 143
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 144
employer has made payment of the corresponding full liability as 145
provided by section 145.44 of the Revised Code. "Prior service" 146
also means all service credited for active duty with the armed 147
forces of the United States as provided in section 145.30 of the 148
Revised Code.
If an employee who has been granted prior service credit by 150
the public employees retirement system for service rendered prior 151
to January 1, 1935, as an employee of a board of education 152
establishes, before retirement, one year or more of contributing 153
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service in the state teachers retirement system or school 154
employees retirement system, then the prior service ceases to be
the liability of this system. 155
If the board determines that a position of any member in 157
any calendar year prior to January 1, 1935, was a part-time 158
position, the board shall determine what fractional part of a 159
year's credit shall be allowed by the following formula: 160
(1) When the member has been either elected or appointed 162
to an office the term of which was two or more years and for 163
which an annual salary is established, the fractional part of the 164
year's credit shall be computed as follows: 165
First, when the member's annual salary is one thousand 167
dollars or less, the service credit for each such calendar year 168
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 170
above one thousand dollars, the member's service credit for each 171
such calendar year shall be increased by two and one-half per 172
cent.
(2) When the member is paid on a per diem basis, the 174
service credit for any single year of the service shall be 175
determined by using the number of days of service for which the 176
compensation was received in any such year as a numerator and 177
using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the 179
service credit for any single year of the service shall be 180
determined by using the number of hours of service for which the 181
compensation was received in any such year as a numerator and 182
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 184
the employees' savings fund created by section 145.23 of the 185
Revised Code.
(G) "Beneficiary" or "beneficiaries" means the estate or a 187
person or persons who, as the result of the death of a member, 188
contributor, or retirant, qualify for or are receiving some right 189
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or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 191
section 145.37 of the Revised Code, means all service credited to 192
a member of the retirement system since last becoming a member, 193
including restored service credit as provided by section 145.31 194
of the Revised Code; credit purchased under sections 145.293 and 195
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 196
provided in this chapter; all service credit established pursuant 197
to section 145.297 of the Revised Code; and any other service 198
credited under this chapter. In addition, "total service credit" 199
includes any period, not in excess of three years, during which a 200
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 201
of satisfying the service credit requirement and of determining 202
eligibility for benefits under sections 145.32, 145.33, 145.331, 203
145.35, 145.36, and 145.361 of the Revised Code, "five or more 204
years of total service credit" means sixty or more calendar 205
months of contributing service in this system.
(2) "One and one-half years of contributing service 207
credit," as used in division (B) of section 145.45 of the Revised 208
Code, also means eighteen or more calendar months of employment 209
by a municipal corporation that formerly operated its own 210
retirement plan for its employees or a part of its employees, 211
provided that all employees of that municipal retirement plan who 212
have eighteen or more months of such employment, upon 213
establishing membership in the public employees retirement 214
system, shall make a payment of the contributions they would have 215
paid had they been members of this system for the eighteen months 216
of employment preceding the date membership was established. 217
When that payment has been made by all such employee-members, a 218
corresponding payment shall be paid into the employers' 219
accumulation fund by that municipal corporation as the employer 220
of the employees. 221
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(3) Where a member also is a member of the state teachers 223
retirement system or the school employees retirement system, or 224
both, except in cases of retirement on a combined basis pursuant 225
to section 145.37 of the Revised Code, service credit for any 226
period shall be credited on the basis of the ratio that
contributions to the public employees retirement system bears to 227
total contributions in all state retirement systems. 228
(4) Not more than one year of credit may be given for any 230
period of twelve months. 231
(5) "Ohio service credit" means credit for service that 233
was rendered to the state or any of its political subdivisions or 234
any employer as defined in division (D) of this section. 235
(I) "Regular or current interest" means interest at any 237
rates for the respective funds and accounts as the public 238
employees retirement board may determine from time to time, 239
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 241
shall discontinue the annual crediting of current interest to the 242
individual accounts of contributors. The noncrediting of current 243
interest shall not affect the rate of interest at retirement 244
guaranteed under this division.
(2) The rate of interest credited on a contributor's 246
contributions at retirement shall be four per cent per annum, 247
compounded annually, to and including December 31, 1955; three 248
per cent per annum, compounded annually, from January 1, 1956, to 249
and including December 31, 1963; three and one-quarter per cent 250
per annum, compounded annually, from January 1, 1964, to and 251
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 252
In determining the reserve value for the purpose of 254
computing the amount of the contributor's annuity, the rate of 255
interest used in the annuity values shall be four per cent per 256
annum, compounded annually, for contributors retiring before 257
October 1, 1956, and after December 31, 1969; three per cent per 258
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annum, compounded annually, for contributors retiring between 260
October 1, 1956, and December 31, 1963; and three and one-quarter 261
per cent per annum, compounded annually, for contributors 262
retiring from January 1, 1964, to December 31, 1969. Interest on 263
contributions from contributors within any one calendar year 264
shall begin on the first day of the calendar year next following 265
and shall be computed at the end of each calendar year, except in 266
the case of a contributor who retires before the end of the year. 267
(J) "Accumulated contributions" means the sum of all 269
amounts credited to a contributor's individual account in the 270
employees' savings fund together with any current interest 271
thereon, but does not include the interest adjustment at 272
retirement. 273
(K)(1) "Final average salary" means the quotient obtained 275
by dividing by three the sum of the three full calendar years of 276
contributing service in which the member's earnable salary was 277
highest, except that if the member has a partial year of 278
contributing service in the year the member's employment 279
terminates and the member's earnable salary for the partial year 280
is higher than for any comparable period in the three years, the 281
member's earnable salary for the partial year shall be 282
substituted for the member's earnable salary for the comparable 283
period during the three years in which the member's earnable 284
salary was lowest.
(2) If a member has less than three years of contributing 286
service, the member's final average salary shall be the member's 287
total earnable salary divided by the total number of years, 288
including any fraction of a year, of the member's contributing 289
service.
(3) For the purpose of calculating benefits payable to a 291
member qualifying for service credit under division (Z) of this 292
section, "final average salary" means the total earnable salary 293
on which contributions were made divided by the total number of 294
years during which contributions were made, including any 295
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fraction of a year. If contributions were made for less than 296
twelve months, "final average salary" means the member's total 297
earnable salary. 298
(L) "Annuity" means payments for life derived from 300
contributions made by a contributor and paid from the annuity and 301
pension reserve fund as provided in this chapter. All annuities 302
shall be paid in twelve equal monthly installments. 303
(M) "Annuity reserve" means the present value, computed 305
upon the basis of the mortality and other tables adopted by the 306
board, of all payments to be made on account of any annuity, or 307
benefit in lieu of any annuity, granted to a retirant as provided 308
in this chapter.
(N)(1) "Disability retirement" means retirement as 310
provided in section 145.36 of the Revised Code. 311
(2) "Disability allowance" means an allowance paid on 313
account of disability under section 145.361 of the Revised Code. 314
(3) "Disability benefit" means a benefit paid as 316
disability retirement under section 145.36 of the Revised Code, 317
as a disability allowance under section 145.361 of the Revised 318
Code, or as a disability benefit under section 145.37 of the 319
Revised Code.
(4) "Disability benefit recipient" means a member who is 321
receiving a disability benefit. 322
(O) "Age and service retirement" means retirement as 324
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 325
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 327
contributions made by the employer that at the time of retirement 328
are credited into the annuity and pension reserve fund from the 329
employers' accumulation fund and paid from the annuity and 330
pension reserve fund as provided in this chapter. All pensions 331
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 333
portion of the benefit derived from contributions made by the 334
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member.
(R)(1) Except as otherwise provided in this division, 336
"earnable salary" means all salary, wages, and other earnings 337
paid to a contributor by reason of employment in a position 338
covered by the retirement system. The salary, wages, and other 339
earnings shall be determined prior to determination of the amount
required to be contributed to the employees' savings fund under 340
section 145.47 of the Revised Code and without regard to whether 341
any of the salary, wages, or other earnings are treated as 342
deferred income for federal income tax purposes. "Earnable 343
salary" includes the following:
(a) Payments made by the employer in lieu of salary, 345
wages, or other earnings for sick leave, personal leave, or 346
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 348
sick leave, personal leave, and vacation leave accrued but not 349
used if the payment is made during the year in which the leave is 350
accrued, except that payments made pursuant to section 124.383 or 351
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 353
consisting of housing, laundry, and meals, as certified to the 354
retirement board by the employer or the head of the department 355
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the 357
Revised Code;
(e) Payments that are made under a disability leave 359
program sponsored by the employer and for which the employer is 360
required by section 145.296 of the Revised Code to make periodic 361
employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) 363
of this section.
(2) "Earnable salary" does not include any of the 365
following:
(a) Fees and commissions, other than those paid under 367
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section 507.09 of the Revised Code, paid as sole compensation for 368
personal services and fees and commissions for special services 369
over and above services for which the contributor receives a 370
salary;
(b) Amounts paid by the employer to provide life 372
insurance, sickness, accident, endowment, health, medical, 373
hospital, dental, or surgical coverage, or other insurance for 374
the contributor or the contributor's family, or amounts paid by 375
the employer to the contributor in lieu of providing the
insurance;
(c) Incidental benefits, including lodging, food, laundry, 377
parking, or services furnished by the employer, or use of the 378
employer's property or equipment, or amounts paid by the employer 379
to the contributor in lieu of providing the incidental benefits; 380
(d) Reimbursement for job-related expenses authorized by 382
the employer, including moving and travel expenses and expenses 383
related to professional development; 384
(e) Payments for accrued but unused sick leave, personal 386
leave, or vacation that are made at any time other than in the 387
year in which the sick leave, personal leave, or vacation was 388
accrued;
(f) Payments made to or on behalf of a contributor that 390
are in excess of the annual compensation that may be taken into 391
account by the retirement system under division (a)(17) of 392
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 393
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 395
5923.05 of the Revised Code or Section 4 of Substitute Senate 396
Bill No. 3 of the 119th general assembly; 397
(h) Anything of value received by the contributor that is 399
based on or attributable to retirement or an agreement to retire, 400
except that payments made on or before January 1, 1989, that are 401
based on or attributable to an agreement to retire shall be 402
included in earnable salary if both of the following apply: 403
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(i) The payments are made in accordance with contract 405
provisions that were in effect prior to January 1, 1986; 406
(ii) The employer pays the retirement system an amount 408
specified by the retirement board equal to the additional 409
liability resulting from the payments. 410
(3) The retirement board shall determine by rule whether 412
any compensation not enumerated in this division is earnable 413
salary, and its decision shall be final. 414
(S) "Pension reserve" means the present value, computed 416
upon the basis of the mortality and other tables adopted by the 417
board, of all payments to be made on account of any retirement 418
allowance or benefit in lieu of any retirement allowance, granted 419
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 421
to a member of the system since January 1, 1935, for which 422
contributions are made as required by sections 145.47, 145.48, 423
and 145.483 of the Revised Code. In any year subsequent to 1934, 424
credit for any service shall be allowed by the following formula: 425
(a) For each month for which the member's earnable salary 427
is two hundred fifty dollars or more, allow one month's credit. 428
(b) For each month for which the member's earnable salary 430
is less than two hundred fifty dollars, allow a fraction of a 431
month's credit. The numerator of this fraction shall be the 432
earnable salary during the month, and the denominator shall be 433
two hundred fifty dollars, except that if the member's annual 434
earnable salary is less than six hundred dollars, the member's
credit shall not be reduced below twenty per cent of a year for a 435
calendar year of employment during which the member worked each 436
month. This division shall not reduce any credit earned before 437
January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an 439
elected official who prior to January 1, 1980, was granted a full 440
year of credit for each year of service as an elected official 441
shall be considered to have earned a full year of credit for each 442
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year of service regardless of whether the service was full-time 443
or part-time. The public employees retirement board has no
authority to reduce the credit. 444
(U) "State retirement board" means the public employees 446
retirement board, the school employees retirement board, or the 447
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 449
receiving a monthly allowance as provided in sections 145.32, 450
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 451
(W) "Employer contribution" means the amount paid by an 453
employer as determined by the employer rate including the normal 454
and deficiency contribution rates. 455
(X) "Public service terminates" means the last day for 457
which a public employee is compensated for services performed for 458
an employer or the date of the employee's death, whichever occurs 459
first.
(Y) When a member has been elected or appointed to an 461
office, the term of which is two or more years, for which an 462
annual salary is established, and in the event that the salary of 463
the office is increased and the member is denied the additional 464
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 465
to have the amount of the member's contributions calculated upon 466
the basis of the increased salary for the office. At the 467
member's request, the board shall compute the total additional 468
amount the member would have contributed, or the amount by which 469
each of the member's contributions would have increased, had the 470
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 471
member's contribution would have increased withheld from the 472
member's salary, the member shall notify the employer, and the 473
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 474
amount withheld may elect at any time to make a payment to the 475
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retirement system equal to the additional amount the member's 476
contribution would have increased, plus interest on that 477
contribution, compounded annually at a rate established by the 478
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 479
payment. A member may make a payment for part of the period for 480
which the increased contribution was not withheld, in which case 481
the interest shall be computed from the date the last 482
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 483
contributions as provided in this division, the increased annual 484
salary as provided by law for the office for the period for which 485
the member paid increased contributions thereon shall be used in 486
determining the member's earnable salary for the purpose of 487
computing the member's "final average salary."
(Z) "Five years of service credit," for the exclusive 489
purpose of satisfying the service credit requirements and of 490
determining eligibility for benefits under section 145.33 of the 491
Revised Code, means employment covered under this chapter or 492
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter, or under a 493
combination of the coverage. 494
(AA) "Deputy sheriff" means any person who is commissioned 496
and employed as a full-time peace officer by the sheriff of any 497
county, and has been so employed since on or before December 31, 498
1965, and whose primary duties are to preserve the peace, to 499
protect life and property, and to enforce the laws of this state; 500
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 501
and who has received a certificate attesting to the person's 502
satisfactory completion of the peace officer training school as 503
required by section 109.77 of the Revised Code and whose primary 504
duties are to preserve the peace, protect life and property, and 505
enforce the laws of this state; or any person deputized by the
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sheriff of any county and employed pursuant to section 2301.12 of 506
the Revised Code as a criminal bailiff or court constable who has 507
received a certificate attesting to the person's satisfactory 508
completion of the peace officer training school as required by 509
section 109.77 of the Revised Code and whose primary duties are 510
to preserve the peace, protect life and property, and enforce the 511
laws of this state.
(BB) "Township constable or police officer in a township 513
police department or district" means any person who is 514
commissioned and employed as a full-time peace officer pursuant 515
to Chapter 505. or 509. of the Revised Code, who has received a 516
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 517
of the Revised Code, and whose primary duties are to preserve the 518
peace, protect life and property, and enforce the laws of this 519
state.
(CC) "Drug agent" means any person who is either of the 521
following:
(1) Employed full-time as a narcotics agent by a county 523
narcotics agency created pursuant to section 307.15 of the 524
Revised Code and has received a certificate attesting to the 525
satisfactory completion of the peace officer training school as 526
required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as 528
defined in section 109.79 of the Revised Code and is in 529
compliance with section 109.77 of the Revised Code. 530
(DD) "Liquor control investigator" means a full-time 532
employee of the department of public safety who is engaged in the 533
enforcement of Chapters 4301. and 4303. of the Revised Code and 534
is in compliance with section 109.77 of the Revised Code. 535
(EE) "Park officer" means a full-time employee of the 537
department of natural resources who is designated a park officer 538
under section 1541.10 of the Revised Code and is in compliance 539
with section 109.77 of the Revised Code.
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(FF) "Forest officer" means a full-time employee of the 541
department of natural resources who is designated a forest 542
officer under section 1503.29 of the Revised Code and is in 543
compliance with section 109.77 of the Revised Code.
(GG) "Wildlife officer" means a full-time employee of the 545
department of natural resources who is designated a wildlife 546
officer under section 1531.13 of the Revised Code and is in 547
compliance with section 109.77 of the Revised Code. 548
(HH) "State watercraft officer" means a full-time employee 550
of the department of natural resources who is designated a state 551
watercraft officer under section 1547.521 of the Revised Code and 552
is in compliance with section 109.77 of the Revised Code. 553
(II) "Park district police officer" means a full-time 555
employee of a park district who is designated pursuant to section 556
511.232 or 1545.13 of the Revised Code and is in compliance with 557
section 109.77 of the Revised Code.
(JJ) "Conservancy district officer" means a full-time 559
employee of a conservancy district who is designated pursuant to 560
section 6101.75 of the Revised Code and is in compliance with 561
section 109.77 of the Revised Code.
(KK) "Municipal police officer" means a member of the 563
organized police department of a municipal corporation who is 564
employed full-time, is in compliance with section 109.77 of the 565
Revised Code, and is not a member of the police and firemen's 566
disability and pension fund.
(LL) "Ohio veterans' home police officer" means any person 568
who is employed at the Ohio veterans' home as a police officer 569
pursuant to section 5907.02 of the Revised Code and is in 570
compliance with section 109.77 of the Revised Code.
(MM) "Special police officer for a mental health 572
institution" means any person who is designated as such pursuant 573
to section 5119.14 of the Revised Code and is in compliance with 574
section 109.77 of the Revised Code.
(NN) "Special police officer for an institution for the 576
17
mentally retarded and developmentally disabled" means any person 577
who is designated as such pursuant to section 5123.13 of the 578
Revised Code and is in compliance with section 109.77 of the 579
Revised Code.
(OO) "State university law enforcement officer" means any 581
person who is employed full-time as a state university law 582
enforcement officer pursuant to section 3345.04 of the Revised 583
Code and who is in compliance with section 109.77 of the Revised 584
Code.
(PP) "Hamilton county municipal court bailiff" means a 586
person appointed by the clerk of courts of the Hamilton county 587
municipal court under division (A)(3) of section 1901.32 of the 588
Revised Code who is employed full-time as a bailiff or deputy 589
bailiff, who has received a certificate attesting to the person's 590
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 591
and whose primary duties are to preserve the peace, to protect 592
life and property, and to enforce the laws of this state. 593
(QQ) "SPECIAL POLICE OFFICER FOR THE STATE HIGHWAY PATROL" 595
MEANS ANY PERSON WHO IS EMPLOYED FULL-TIME AS A DESIGNEE OF THE 596
SUPERINTENDENT OF THE STATE HIGHWAY PATROL PURSUANT TO SECTION 597
5503.09 OF THE REVISED CODE AND WHO HAS COMPLETED THE TRAINING 599
PROVIDED FOR BY SECTION 109.78 OF THE REVISED CODE. 602
(RR) "PRESERVE OFFICER" MEANS A FULL-TIME EMPLOYEE OF THE 605
DEPARTMENT OF NATURAL RESOURCES WHO IS DESIGNATED AS A PRESERVE 606
OFFICER UNDER SECTION 1517.10 OF THE REVISED CODE AND IS IN 608
COMPLIANCE WITH SECTION 109.77 OF THE REVISED CODE. 610
(SS) "METROPOLITAN HOUSING AUTHORITY POLICE OFFICER" MEANS 613
ANY PERSON WHO IS EMPLOYED FULL-TIME AS A POLICE OFFICER BY A 614
METROPOLITAN HOUSING AUTHORITY UNDER DIVISION (D) OF SECTION 616
3735.31 OF THE REVISED CODE AND IS IN COMPLIANCE WITH SECTION 618
109.77 OF THE REVISED CODE. 619
(TT) "REGIONAL TRANSIT AUTHORITY POLICE OFFICER" MEANS ANY 622
PERSON WHO IS EMPLOYED FULL-TIME AS A POLICE OFFICER BY A 623
18
REGIONAL TRANSIT AUTHORITY UNDER DIVISION (Y) OF SECTION 306.35 625
OF THE REVISED CODE AND IS IN COMPLIANCE WITH SECTION 109.77 OF 627
THE REVISED CODE. 628
(UU) "FOOD STAMP TRAFFICKING AGENT" MEANS A FULL-TIME 631
EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY WHO IS DESIGNATED AS 632
A FOOD STAMP TRAFFICKING AGENT UNDER SECTION 5502.14 OF THE 634
REVISED CODE AND IS IN COMPLIANCE WITH SECTION 109.77 OF THE 636
REVISED CODE. 637
(VV) "TAX INVESTIGATOR" MEANS A FULL-TIME EMPLOYEE OF THE 640
DEPARTMENT OF TAXATION WHO IS DESIGNATED BY THE TAX COMMISSIONER 641
UNDER SECTION 5743.45 OF THE REVISED CODE AND HAS BEEN CERTIFIED 643
BY THE OHIO PEACE OFFICER TRAINING COMMISSION. 644
(WW) "AUDIT INVESTIGATOR" MEANS A FULL-TIME EMPLOYEE OF 647
THE AUDITOR OF STATE WHO IS APPOINTED BY THE AUDITOR PURSUANT TO 648
SECTION 117.091 OF THE REVISED CODE AND HOLDS A VALID CERTIFICATE 650
FROM THE OHIO PEACE OFFICER TRAINING COUNCIL. 651
(XX) Notwithstanding section 2901.01 of the Revised Code, 653
"law enforcement officer" means a sheriff, deputy sheriff, 655
township constable or police officer in a township police 656
department or district, drug agent, liquor control investigator, 657
park officer, forest officer, wildlife officer, state watercraft
officer, park district police officer, conservancy district 658
officer, Ohio veterans' home police officer, special police 659
officer for a mental health institution, special police officer 660
for an institution for the mentally retarded and developmentally 661
disabled, state university law enforcement officer, Hamilton 662
county municipal court bailiff, or municipal police officer, 663
SPECIAL POLICE OFFICER FOR THE STATE HIGHWAY PATROL, PRESERVE 664
OFFICER, METROPOLITAN HOUSING AUTHORITY POLICE OFFICER, REGIONAL 665
TRANSIT AUTHORITY POLICE OFFICER, FOOD STAMP TRAFFICKING AGENT, 666
TAX INVESTIGATOR, OR AUDIT INVESTIGATOR. 667
(RR)(YY) "Fiduciary" means a person who does any of the 669
following: 670
(1) Exercises any discretionary authority or control with 672
19
respect to the management of the system or with respect to the 673
management or disposition of its assets; 674
(2) Renders investment advice for a fee, direct or 676
indirect, with respect to money or property of the system; 677
(3) Has any discretionary authority or responsibility in 679
the administration of the system. 680
(SS)(ZZ) "Actuary" means an individual who satisfies all 682
of the following requirements: 684
(1) Is a member of the American academy of actuaries; 686
(2) Is an associate or fellow of the society of actuaries; 688
(3) Has a minimum of five years' experience in providing 690
actuarial services to public retirement plans. 691
Sec. 145.011. In addition to the membership of the public 700
employees retirement system as prescribed in division (A) of 701
section 145.01 of the Revised Code AND NOTWITHSTANDING CHAPTER 702
3309. OF THE REVISED CODE, there shall be included in such 703
membership ALL OF the FOLLOWING:
(A) THE nonteaching employees of the Cleveland state 705
university, the medical college of Ohio at Toledo, and the 707
northeastern Ohio universities college of medicine,
notwithstanding Chapter 3309. of the Revised Code. Such; 708
(B) ANY PERSON WHO ELECTS TO TRANSFER FROM THE SCHOOL 711
EMPLOYEES RETIREMENT SYSTEM TO THE PUBLIC EMPLOYEES RETIREMENT 712
SYSTEM UNDER SECTION 3309.312 OF THE REVISED CODE; 714
(C) ANY PERSON WHO IS EMPLOYED FULL-TIME ON OR AFTER THE 717
EFFECTIVE DATE OF THIS AMENDMENT PURSUANT TO SECTION 3345.04 OF 718
THE REVISED CODE BY THE UNIVERSITY OF AKRON AS A STATE UNIVERSITY 719
LAW ENFORCEMENT OFFICER.
SUCH employees are included in the definition of member as 722
used in Chapter 145. of the Revised Code. The university 723
UNIVERSITIES and colleges shall be subject to the obligations 724
imposed by Chapter 145. of the Revised Code.
Sec. 145.09. The public employees retirement board shall 733
elect from its membership a chairman CHAIRPERSON, and shall 734
20
appoint an executive director who shall serve as secretary to the 736
board, an actuary, and other employees as necessary for the 737
transaction of the business of the public employees retirement 738
system. The compensation of all persons so appointed shall be 739
fixed by the board. Every expense voucher of an employee, 740
officer, or board member of the public employees retirement 741
system shall itemize all purchases and expenditures. 742
The board shall perform other functions as required for the 744
proper execution of sections 145.01 to 145.58 of the Revised 745
Code, and may adopt rules for the proper administration and 746
management of sections 145.01 to 145.58 of the Revised Code. The 747
THE attorney general shall prescribe procedures for the 749
adoption of rules authorized under this chapter, consistent with 750
the provision of section 111.15 of the Revised Code under which 751
all rules shall be filed in order to be effective. Such 752
procedures shall establish methods by which notice of proposed 753
rules is given to interested parties and rules adopted by the 754
board published and otherwise made available. WHEN IT FILES A 756
RULE WITH THE JOINT COMMITTEE ON AGENCY RULE REVIEW PURSUANT TO 757
SECTION 111.15 OF THE REVISED CODE, THE BOARD SHALL SUBMIT TO THE 759
OHIO RETIREMENT STUDY COUNCIL A COPY OF THE FULL TEXT OF THE 760
RULE, AND IF APPLICABLE, A COPY OF THE RULE SUMMARY AND FISCAL 762
ANALYSIS REQUIRED BY DIVISION (B) OF SECTION 127.18 OF THE 764
REVISED CODE. 765
The board may sue and be sued, plead and be impleaded, 767
contract and be contracted with. All of its business shall be 768
transacted, all of its funds invested, all warrants for money 769
drawn and payments made, and all of its cash and securities and 770
other property shall be held in the name of the board, or in the 771
name of its nominee, provided that nominees are authorized by 772
retirement board resolution for the purpose of facilitating the 773
ownership and transfer of investments and restricted to members 774
of the board, the executive director, and designated members of 775
the staff, or a partnership composed of any of the foregoing 776
21
persons. 777
Sec. 145.295. (A) A member of the public employees 786
retirement system who is a former member of HAS CONTRIBUTIONS ON 787
DEPOSIT WITH the police and firemen's disability and pension fund 789
or state highway patrol retirement system and has not received a 791
refund of the member's accumulated contributions to that fund or 792
system shall, in computing years of service, be given full credit 793
for service credit earned under Chapter 742. or 5505. of the 794
Revised Code or purchased for service in the armed forces of the 795
United States if a transfer to the public employees retirement 796
system is made under this division. At the request of the 797
member, the police and firemen's disability and pension fund or 798
the state highway patrol retirement system shall transfer to the 800
public employees retirement system under division (H) of section 801
742.379 of the Revised Code or division (C) of section 5505.202 802
of the Revised Code an THE SUM OF THE FOLLOWING: 803
(1) AN amount equal to the member's payments for service 807
in the armed forces of the United States and accumulated 808
contributions to the transferring POLICE AND FIREMEN'S DISABILITY 809
AND PENSION fund or STATE HIGHWAY PATROL RETIREMENT system with 811
interest compounded annually thereon;
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 813
CONTRIBUTIONS TO THE POLICE AND FIREMEN'S DISABILITY AND PENSION 814
FUND OR STATE HIGHWAY PATROL RETIREMENT SYSTEM OR THE AMOUNT THAT 816
WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE HAD 817
THE MEMBER BEEN A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT
SYSTEM; 818
(3) INTEREST, DETERMINED AS PROVIDED IN DIVISION (G) OF 821
THIS SECTION, ON THE AMOUNTS SPECIFIED IN DIVISIONS (A)(1) AND 823
(2) OF THIS SECTION for the period from the date the last 827
contribution was made under Chapter 742. or Chapter 5505. of the 828
Revised Code to the date the transfer is made. The interest 829
shall be at the actuarial assumption rate of the transferring 830
fund or system at the time the transfer is made.
22
(B) A member of the public employees retirement system who 833
has at least eighteen months of contributing service credit with
the public employees retirement system, who is a former member of 834
the police and firemen's disability and pension fund or state 836
highway patrol retirement system, and who has received a refund 837
of the member's accumulated contributions to that fund or system 838
shall, in computing years of service, be given full credit for 839
service credit earned under Chapter 742. or 5505. of the Revised 840
Code or purchased for service in the armed forces of the United 841
States if a repayment and transfer are made under division (I) of 842
section 742.379 of the Revised Code or division (F) of section 844
5505.202 of the Revised Code FOR EACH YEAR OF SERVICE THE PUBLIC 845
EMPLOYEES RETIREMENT SYSTEM RECEIVES THE SUM OF THE FOLLOWING: 846
(1) AN AMOUNT, WHICH SHALL BE PAID BY THE MEMBER, EQUAL TO 849
THE AMOUNT REFUNDED BY THE POLICE AND FIREMEN'S DISABILITY AND
PENSION FUND OR THE STATE HIGHWAY PATROL RETIREMENT SYSTEM TO THE 850
MEMBER FOR THAT YEAR FOR ACCUMULATED CONTRIBUTIONS AND PAYMENTS 852
FOR PURCHASE OF CREDIT FOR SERVICE IN THE ARMED FORCES OF THE 853
UNITED STATES, WITH INTEREST FROM THE DATE OF THE LAST 855
CONTRIBUTION UNDER CHAPTER 742. OR 5505. OF THE REVISED CODE TO 857
THE DATE OF THE PAYMENT; 858
(2) AN AMOUNT, WHICH SHALL BE TRANSFERRED BY THE POLICE 860
AND FIREMEN'S DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL 862
RETIREMENT SYSTEM, EQUAL TO THE LESSER OF THE EMPLOYER'S
CONTRIBUTIONS TO THE POLICE AND FIREMEN'S DISABILITY AND PENSION 863
FUND OR STATE HIGHWAY PATROL RETIREMENT SYSTEM FOR THAT YEAR OR 864
THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR 866
THE YEAR HAD THE MEMBER BEEN A MEMBER OF THE PUBLIC EMPLOYEES 867
RETIREMENT SYSTEM, WITH INTEREST FROM THE DATE OF THE LAST 868
CONTRIBUTION UNDER CHAPTER 742. OR 5505. OF THE REVISED CODE TO 869
THE DATE OF THE TRANSFER. 870
ON RECEIPT OF PAYMENT FROM THE MEMBER, THE PUBLIC EMPLOYEES 873
RETIREMENT SYSTEM SHALL NOTIFY THE POLICE AND FIREMEN'S 874
DISABILITY AND PENSION FUND OR THE STATE HIGHWAY PATROL 875
23
RETIREMENT SYSTEM, WHICH, ON RECEIPT OF THE NOTICE, SHALL MAKE 876
THE TRANSFER REQUIRED BY THIS DIVISION. INTEREST SHALL BE
DETERMINED AS PROVIDED IN DIVISION (G) OF THIS SECTION. 878
(C) A member of the public employees retirement system who 881
purchased credit under former division (A)(1) of this section, as 883
it existed before August 25, 1995, for service as a member of the 884
police and firemen's disability and pension fund or state highway 886
patrol retirement system may elect to have the amount the member 888
paid for this service credit refunded to the member under this 889
division if the member agrees to repurchase this service credit
pursuant to division (B) of this section. 890
(D) Service credit purchased or otherwise obtained under 892
this section shall be considered the equivalent of Ohio service 893
credit. 894
A MEMBER MAY CHOOSE TO PURCHASE ONLY PART OF THE CREDIT THE 897
MEMBER IS ELIGIBLE TO PURCHASE UNDER DIVISION (B) OF THIS SECTION 899
IN ANY ONE PAYMENT, SUBJECT TO RULES OF THE PUBLIC EMPLOYEES 900
RETIREMENT BOARD. A member is ineligible to purchase or 902
otherwise obtain credit under this section for service to be used 903
in calculation of any retirement benefit currently being paid or 904
payable to the member in the future. 905
(E) If a former member of the public employees retirement 907
system WHO IS NOT A CURRENT CONTRIBUTOR elects to receive credit 908
under section 742.379 or 5505.202 of the Revised Code for service 909
for which the former member contributed to the retirement system 910
or purchased credit for service in the armed forces of the United 912
States, the retirement system shall transfer to the police and 915
firemen's disability and pension fund or the state highway patrol 917
retirement system, as applicable, an THE amount equal to the 918
former member's qualified contributions with interest from the 920
date the last such contribution was made to the date the transfer 921
is made. The interest shall be at the actuarial assumption rate 922
of the public employees retirement system at the time the 923
transfer is made.
24
As used in this division, "qualified contributions" has the 925
same meaning as in division (A)(2) of section 742.379 of the 926
Revised Code, in the case of the police and firemen's disability 928
and pension fund, and as in division (A)(4) of section 5505.202 929
of the Revised Code, in the case of the state highway patrol 930
retirement system SPECIFIED IN DIVISION (C)(2) OF SECTION 742.379 932
OR DIVISION (B)(2) OF SECTION 5505.202 OF THE REVISED CODE.
(F) A member of the public employees retirement system who 934
earned service credit in the public employees retirement system 935
for full-time service as a township or municipal police officer 936
and received service credit in the police and firemen's 937
disability and pension fund under section 742.511 or 742.512 of 939
the Revised Code for such service may elect to have the credit 940
restored as public employees retirement system service credit by 941
paying the public employees retirement system an amount equal to 942
the accumulated contributions paid by the member to the police 943
and firemen's disability and pension fund under section 742.511 945
or 742.512 of the Revised Code. When such an election is made, 946
the police and firemen's disability and pension fund shall 948
transfer to the public employees retirement system the amount 949
previously transferred under section 742.511 or 742.512 of the 950
Revised Code from the public employees retirement system to the 951
police and firemen's disability and pension fund. 953
(G) INTEREST CHARGED FOR ANY SERVICE CREDIT OBTAINED UNDER 956
THIS SECTION SHALL BE CALCULATED SEPARATELY FOR EACH YEAR OF 957
SERVICE CREDIT AT THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR 958
THAT YEAR OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM OR OF THE 959
FUND OR RETIREMENT SYSTEM IN WHICH THE CREDIT WAS EARNED. THE 960
INTEREST SHALL BE COMPOUNDED ANNUALLY. 961
Sec. 145.33. (A) Except as provided in division (B) of 971
this section, a member with at least five years of total service 972
credit who has the member's attained age sixty, or who has thirty 973
years of total Ohio service credit, may apply for age and service 974
retirement which shall consist of: 975
25
(1) An annuity having a reserve equal to the amount of the 977
member's accumulated contributions at that time; 978
(2) A pension equal to the annuity provided by division 980
(A)(1) of this section; 981
(3) An additional pension, if the member can qualify for 983
prior service, equal to forty dollars multiplied by the number of 984
years, and fraction thereof, of such prior and military service 985
credit; 986
(4) A basic annual pension equal to one hundred eighty 988
dollars if the member has ten or more years of total service 989
credit as of October 1, 1956, except that the basic annual 990
pension shall not exceed the sum of the annual benefits provided 991
by divisions (A)(1), (2), and (3) of this section. The cost of 992
the basic annual pension shall be included in the deficiency 993
contribution provided by sections 145.48 and 145.50 of the 994
Revised Code. 995
(5) When a member retires on age and service retirement, 997
the member's total annual single lifetime allowance, including 999
the allowances provided in divisions (A)(1), (2), (3), and (4) of 1,000
this section, shall be not less than a base amount adjusted in 1,001
accordance with this division and determined by multiplying the 1,002
member's total service credit by the greater of the following: 1,003
(a) Eighty-six dollars; 1,005
(b) Two and one-tenth per cent of the member's final 1,007
average salary for each of the first thirty years of service plus 1,009
two and one-half per cent of the member's final average salary 1,010
for each subsequent year of service. 1,011
The allowance shall be adjusted by the factors of attained 1,013
age or years of service to provide the greater amount as 1,014
determined by the following schedule: 1,015
Years of Percentage 1,017
Attained or Total Service of 1,018
Birthday Credit Base Amount 1,019
58 25 75 1,021
26
59 26 80 1,022
60 27 85 1,023
61 88 1,024
28 90 1,025
62 91 1,026
63 94 1,027
29 95 1,028
64 97 1,029
65 30 or more 100 1,030
Members shall vest the right to a benefit in accordance 1,033
with the following schedule, based on the member's attained age 1,034
by September 1, 1976: 1,035
Percentage 1,037
Attained of 1,038
Birthday Base Amount 1,039
66 102 1,040
67 104 1,041
68 106 1,042
69 108 1,043
70 or more 110 1,044
(6) The total annual single lifetime allowance that a 1,047
member shall receive under division (A)(5) of this section shall 1,048
not exceed the lesser of one hundred per cent of the member's 1,050
final average salary or the limit established by section 415 of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1,051
415, as amended. 1,052
(B)(1) A member who has at least twenty-five years of 1,054
total service credit, including credit for military service under 1,055
division (C)(2) of this section, while serving as a law 1,057
enforcement officer and who has the member's attained age 1,058
fifty-two may apply for an age and service retirement benefit, 1,059
which shall consist of an annual single lifetime allowance equal 1,060
to the sum of two and one-half per cent of the member's final 1,061
average salary multiplied by the first twenty years of the 1,062
27
member's total service plus two and one-tenth per cent of the 1,063
member's final average salary multiplied by the number of years 1,064
of of the member's total service credit in excess of twenty 1,066
years, except that no allowance shall exceed the lesser of ninety 1,067
per cent of the member's final average salary or the limit 1,068
established by section 415 of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 1,069
(2) A member who has at least fifteen years of total 1,071
service credit, including credit for military service under 1,072
division (C)(2) of this section, while serving as a law 1,074
enforcement officer and has attained sixty-two years of age may
apply for an age and service retirement benefit, which shall 1,075
consist of an annual single lifetime allowance computed as 1,076
provided in division (B)(1) of this section. The benefit shall 1,077
not exceed the limit established by section 415 of the "Internal 1,078
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 1,079
amended. 1,080
(3) A member with at least fifteen years of total service 1,082
credit, including credit for military service under division 1,083
(C)(2) of this section, while serving as a law enforcement 1,084
officer who voluntarily resigns or is discharged the member's for 1,085
any reason except death, dishonesty, cowardice, intemperate 1,087
habits, or conviction of a felony, may apply for an age and 1,088
service retirement benefit, which shall consist of an annual 1,089
single lifetime allowance equal to one and one-half per cent of 1,090
the member's final average salary multiplied by the number of 1,091
years of the member's total service credit. The benefit shall 1,092
not exceed the limit established by section 415 of the "Internal 1,093
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 1,094
amended. The allowance shall commence on the first day of the 1,095
calendar month following the month in which the application is 1,096
filed with the public employees retirement board on or after the 1,097
attainment by the applicant of age fifty-two. 1,098
(4) A member who has at least twenty-five years of total 1,100
28
service credit, including credit for military service under 1,101
division (C)(2) of this section, while serving as a law 1,102
enforcement officer who voluntarily resigns or is discharged the 1,103
member's for any reason except death, dishonesty, cowardice, 1,105
intemperate habits, or conviction of a felony, on or after the 1,106
date the member of attaining forty-eight years of age, but before 1,107
the date the member of attaining fifty-two years of age, may 1,108
elect to receive a reduced benefit as determined by the following
schedule: 1,109
Attained Age Reduced Benefit 1,111
48 75% of the benefit payable under 1,113
division (B)(1) of this section 1,114
49 80% of the benefit payable under 1,115
division (B)(1) of this section 1,116
50 86% of the benefit payable under 1,117
division (B)(1) of this section 1,118
51 93% of the benefit payable under 1,119
division (B)(1) of this section 1,120
A member who has at least twenty-five years of law 1,123
enforcement service credit, upon attaining forty-eight, 1,124
forty-nine, fifty, or fifty-one years of age, may elect to retire 1,125
and receive a reduced benefit determined by the above schedule. 1,126
If a member elects to receive a reduced benefit on or after 1,128
the date the member of attaining forty-eight years of age, but 1,129
before the date the member of attaining forty-nine years of age, 1,130
the reduced benefit is payable from the date the member attained 1,131
forty-eight years of age or from the date the member becomes 1,132
eligible to receive the reduced benefit, whichever is later. If 1,133
a member elects to receive a reduced benefit on or after the date 1,134
the member of attaining forty-nine years of age, but before the 1,136
date the member of attaining fifty years of age, the reduced
benefit is payable from the date the member attained forty-nine 1,137
years of age or from the date the member becomes eligible to 1,138
receive the reduced benefit, whichever is later. If a member 1,139
29
elects to receive a reduced benefit on or after the date the 1,140
member of attaining fifty years of age, but before the date the 1,141
member of attaining fifty-one years of age, the reduced benefit 1,142
is payable from the date the member attained fifty years of age 1,143
or from the date the member becomes eligible to receive the 1,144
reduced benefit, whichever is later. If a member elects to
receive a reduced benefit on or after the date the member of 1,146
attaining fifty-one years of age, but before the date the member
of attaining fifty-two years of age, the reduced benefit is 1,148
payable from the date the member attained fifty-one years of age 1,149
or from the date the member becomes eligible to receive the 1,150
reduced benefit, whichever is later. 1,151
Once a member elects to receive a reduced benefit 1,153
determined by the above schedule and has received a payment, the 1,154
member may not reelect to change that election. 1,155
If a member who has resigned or been discharged has left on 1,157
deposit the member's accumulated contributions in the employees' 1,158
savings fund and has not elected to receive a reduced benefit 1,159
determined by the above schedule the member, upon attaining 1,161
fifty-two years of age, the member shall be entitled to receive a
benefit computed and paid under division (B)(1) of this section. 1,162
(C)(1) A member with service credit as a law enforcement 1,164
officer and other service credit under this chapter may elect one 1,166
of the following: 1,167
(a) To have all the member's service credit under this 1,169
chapter, including credit for service as a law enforcement 1,171
officer, used in calculating a retirement allowance under 1,172
division (A) of this section if the member qualifies for an 1,173
allowance under that division; 1,174
(b) If the member qualifies for an allowance under 1,176
division (B) of this section, to have the member's service credit 1,177
as a law enforcement officer used in calculating a benefit under 1,178
that division and the member's credit for all service other than 1,179
law enforcement service under this chapter used in calculating a 1,180
30
benefit consisting of a single life annuity having a reserve 1,181
equal to the amount of the member's accumulated contributions and 1,182
an equal amount of the employer's contributions. 1,183
(2) Notwithstanding sections 145.01 and 145.30 of the 1,185
Revised Code, no more than four years of military service credit 1,186
granted under section 145.30 of the Revised Code and five years 1,187
of military service credit purchased under section 145.301 or 1,188
145.302 of the Revised Code shall be used in calculating service 1,189
as a law enforcement officer or the total service credit of that 1,190
person.
(3) Only credit for the member's service UNDER SECTION 1,192
145.295 OF THE REVISED CODE FOR SERVICE as a law enforcement 1,193
officer OR FIREFIGHTER, or service credit purchased OBTAINED as a 1,195
police officer, FIREFIGHTER, or state highway patrol trooper 1,197
shall be used in computing the benefits under division (B) of 1,198
this section for the following:
(a) Any person who originally is commissioned and employed 1,200
as a deputy sheriff by the sheriff of any county, or who 1,201
originally is elected sheriff, on or after January 1, 1975; 1,202
(b) Any deputy sheriff who originally is employed on or 1,204
after the effective date of this amendment as a criminal bailiff 1,205
or court constable; 1,206
(c) Any person who originally is appointed as a township 1,208
constable or police officer in a township police department or 1,209
district on or after January 1, 1981; 1,210
(d) Any person who originally is employed as a county 1,212
narcotics agent on or after September 26, 1984; 1,213
(e) Any person who originally is employed as an undercover 1,215
drug agent as defined in section 109.79 of the Revised Code, 1,216
liquor control investigator, park officer, forest officer, 1,217
wildlife officer, state watercraft officer, park district police 1,218
officer, conservancy district officer, Ohio veterans' home 1,219
policeman POLICE OFFICER, special policeman POLICE OFFICER for a 1,221
mental health institution, special policeman POLICE OFFICER for 1,222
31
an institution for the mentally retarded and developmentally 1,224
disabled, or municipal police officer on or after December 15, 1,225
1988;
(f) Any person who is originally employed as a state 1,227
university law enforcement officer, on or after the effective 1,228
date of this amendment NOVEMBER 6, 1996; 1,229
(g) Any person who is originally employed as a Hamilton 1,231
county municipal court bailiff on or after the effective date of 1,232
this amendment NOVEMBER 6, 1996; 1,233
(h) ANY PERSON WHO IS ORIGINALLY EMPLOYED AS A SPECIAL 1,236
POLICE OFFICER FOR THE STATE HIGHWAY PATROL, PRESERVE OFFICER, 1,237
METROPOLITAN HOUSING AUTHORITY POLICE OFFICER, REGIONAL TRANSIT 1,238
AUTHORITY POLICE OFFICER, FOOD STAMP TRAFFICKING AGENT, TAX 1,239
INVESTIGATOR, OR AUDIT INVESTIGATOR ON OR AFTER THE EFFECTIVE 1,240
DATE OF THIS AMENDMENT;
(i) ANY PERSON WHO IS ORIGINALLY EMPLOYED AS A STATE 1,242
UNIVERSITY LAW ENFORCEMENT OFFICER BY THE UNIVERSITY OF AKRON ON 1,243
OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT. 1,244
(D) Retirement allowances determined under this section 1,246
shall be paid as provided in section 145.46 of the Revised Code. 1,247
Sec. 145.35. (A) As used in this section, "on-duty 1,256
illness or injury" means an illness or injury that occurred 1,257
during or resulted from performance of duties under the direct 1,258
supervision of a member's appointing authority. 1,259
(B) The public employees retirement system shall provide 1,261
disability coverage to each member who has at least five years of 1,262
total service credit and disability coverage for on-duty illness 1,263
or injury to each member who is a law enforcement officer, 1,264
regardless of length of service. 1,265
Not later than October 16, 1992, the public employees 1,267
retirement board shall give each person who is a member on the 1,268
effective date of this amendment JULY 29, 1992, the opportunity 1,270
to elect disability coverage either under section 145.36 of the 1,271
Revised Code or under section 145.361 of the Revised Code. The
32
board shall mail notice of the election, accompanied by an 1,272
explanation of the coverage under each of the Revised Code 1,273
sections and a form on which the election is to be made, to each 1,274
member at his THE MEMBER'S last known address. The board shall 1,276
also provide the explanation and form to any member at his ON 1,277
request.
Regardless of whether the member actually receives notice 1,279
of his THE right to make an election, a member who fails to file 1,280
a valid election under this section shall be considered to have 1,281
elected disability coverage under section 145.36 of the Revised 1,282
Code. To be valid, an election must be made on the form provided 1,283
by the retirement board, signed by the member, and filed with the 1,284
board not later than one hundred eighty days after the date the 1,285
notice was mailed, or, in the case of a form provided at the 1,286
request of a member, a date specified by rule of the retirement 1,287
board. Once made, an election is irrevocable, but if the member 1,288
ceases to be a member of the retirement system, the election is 1,289
void. If a person who makes an election under this section also 1,290
makes an election under section 3307.42 or 3309.39 of the Revised 1,291
Code, the election made for the system that pays a disability 1,292
benefit to that person shall govern the benefit. 1,293
Disability coverage shall be provided under section 145.361 1,295
of the Revised Code for persons who become members after the 1,296
effective date of this amendment JULY 29, 1992, and for members 1,298
who elect under this division to be covered under section 145.361 1,299
of the Revised Code.
The retirement board may adopt rules governing elections 1,301
made under this division. 1,302
(C) Application for a disability benefit may be made by a 1,304
member, by a person acting in his THE MEMBER'S behalf, or by the 1,305
member's employer, provided the member has disability coverage 1,307
under section 145.36 or 145.361 of the Revised Code and is not 1,308
receiving a disability benefit under any other Ohio state or 1,309
municipal retirement program. Application must be made within 1,310
33
two years from the date the member's contributing service 1,311
terminated, unless the retirement board determines that the 1,312
member's medical records demonstrate conclusively that at the 1,313
time the two-year period expired, the member was physically or 1,314
mentally incapacitated for duty and unable to make an 1,315
application. Application may not be made by or for any person 1,316
receiving age and service retirement benefits under section 1,317
145.33, 145.331, 145.34, or 145.37 of the Revised Code or any 1,318
person who, pursuant to section 145.40 of the Revised Code, has 1,319
been paid the accumulated contributions standing to the credit of 1,320
his THE PERSON'S individual account in the employees' savings 1,321
fund. The application shall be made on a form provided by the 1,322
retirement board. 1,323
(D) NOT LATER THAN FOURTEEN DAYS AFTER RECEIVING AN 1,325
APPLICATION FOR A DISABILITY BENEFIT FROM A MEMBER OR A PERSON 1,326
ACTING ON BEHALF OF A MEMBER, THE BOARD SHALL NOTIFY THE MEMBER'S 1,328
EMPLOYER THAT AN APPLICATION HAS BEEN FILED. THE NOTICE SHALL 1,329
STATE THE MEMBER'S NAME AND SOCIAL SECURITY NUMBER. NOT LATER 1,330
THAN TWENTY-EIGHT DAYS AFTER RECEIVING THE NOTICE OR FILING AN 1,331
APPLICATION ON BEHALF OF A MEMBER, THE EMPLOYER SHALL FORWARD TO 1,332
THE BOARD A STATEMENT CERTIFYING THE MEMBER'S JOB DESCRIPTION AND 1,333
ANY OTHER INFORMATION REQUIRED BY THE BOARD TO PROCESS THE 1,334
APPLICATION. THE BOARD SHALL MAINTAIN THE INFORMATION SUBMITTED 1,335
BY THE EMPLOYER IN THE MEMBER'S FILE. 1,336
(E) The benefit payable to any member who is approved for 1,338
a disability benefit shall become effective on the first day of 1,339
the month immediately following the later of the following: 1,340
(1) The last day for which compensation was paid; 1,342
(2) The attainment of eligibility for a disability 1,344
benefit. 1,345
(E)(F) Medical examination of a member who has applied for 1,347
a disability benefit shall be conducted by a competent 1,348
disinterested physician or physicians selected by the board to 1,349
determine whether the member is mentally or physically 1,350
34
incapacitated for the performance of duty by a disabling 1,351
condition either permanent or presumed to be permanent. The 1,353
disability must have occurred since last becoming a member or
have increased since last becoming a member to such extent as to 1,354
make the disability permanent or presumed to be permanent. A 1,355
disability is presumed to be permanent if it is expected to last 1,356
for a continuous period of not less than twelve months following 1,357
the filing of the application. 1,358
If the physician or physicians determine that the member 1,360
qualifies for a disability benefit, and the board concurs with 1,361
such THE determination, AND THE MEMBER AGREES TO MEDICAL 1,362
TREATMENT AS SPECIFIED IN DIVISION (G) OF THIS SECTION, the 1,364
member shall receive a disability benefit under section 145.36 or 1,365
145.361 of the Revised Code. The action of the board shall be 1,366
final.
(F)(G) THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL ADOPT 1,368
RULES REQUIRING A DISABILITY BENEFIT RECIPIENT TO AGREE IN 1,370
WRITING TO RECEIVE ANY MEDICAL TREATMENT RECOMMENDED BY THE 1,371
BOARD'S PHYSICIAN AND SUBMIT MEDICAL REPORTS REGARDING THE 1,372
TREATMENT. IF THE BOARD DETERMINES THAT A DISABILITY BENEFIT 1,373
RECIPIENT IS NOT RECEIVING THE MEDICAL TREATMENT, THE DISABILITY 1,374
BENEFIT SHALL BE SUSPENDED UNTIL THE TREATMENT COMMENCES OR IS 1,375
RESUMED. SHOULD THE RECIPIENT'S FAILURE TO RECEIVE TREATMENT 1,376
CONTINUE FOR ONE YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY 1,377
BENEFIT SHALL BE FORFEITED. 1,378
(H) In the event an employer files an application for a 1,380
disability benefit as a result of a member having been separated 1,381
from service because he THE MEMBER is considered to be mentally 1,382
or physically incapacitated for the performance of his THE 1,383
MEMBER'S present duty, and the physician or physicians selected 1,385
by the board reports to the board that the member is physically 1,386
and mentally capable of performing service similar to that from 1,387
which he THE MEMBER was separated and the board concurs in the 1,389
report, the board shall so certify to the employer and the 1,390
35
employer shall restore the member to his THE MEMBER'S previous 1,392
position and salary or to a similar position and salary.
Sec. 145.351. NOT LATER THAN MARCH 1, 1999, AND EACH FIRST 1,395
DAY OF MARCH FOR THE SUCCEEDING FIVE YEARS, THE PUBLIC EMPLOYEES 1,397
RETIREMENT BOARD SHALL MAKE AND SUBMIT A REPORT FOR THE PRECEDING 1,398
FISCAL YEAR OF THE DISABILITY RETIREMENT EXPERIENCE OF EACH 1,399
EMPLOYER. THE REPORT SHALL SPECIFY THE TOTAL NUMBER OF 1,400
DISABILITY APPLICATIONS SUBMITTED, THE STATUS OF EACH APPLICATION 1,401
AS OF THE LAST DAY OF THE FISCAL YEAR, TOTAL APPLICATIONS GRANTED 1,402
OR DENIED, AND THE PERCENTAGE OF DISABILITY BENEFIT RECIPIENTS TO 1,403
THE TOTAL NUMBER OF THE EMPLOYER'S EMPLOYEES WHO ARE MEMBERS OF 1,404
THE PUBLIC EMPLOYEES RETIREMENT SYSTEM. THE REPORT SHALL BE 1,405
SUBMITTED TO THE GOVERNOR, THE OHIO RETIREMENT STUDY COUNCIL, AND 1,407
THE CHAIRPERSONS OF THE STANDING COMMITTEES AND SUBCOMMITTEES OF
THE SENATE AND HOUSE OF REPRESENTATIVES WITH PRIMARY 1,408
RESPONSIBILITY FOR RETIREMENT LEGISLATION. 1,409
Sec. 145.362. A disability benefit recipient shall retain 1,418
membership status and shall be considered on leave of absence 1,420
from employment during the first five years following the 1,422
effective date of a disability benefit, notwithstanding any 1,423
contrary provisions in this chapter.
The public employees retirement board shall require any 1,425
disability benefit recipient to undergo an annual medical 1,426
examination, except that the board may waive the medical 1,427
examination if the board's physician or physicians specify that 1,428
the recipient's disability is ongoing. If any disability benefit 1,430
recipient refuses to submit to a medical examination, the 1,431
recipient's disability benefit shall be discontinued SUSPENDED 1,432
until withdrawal of the refusal. Should the refusal continue for 1,434
one year, all the recipient's rights in and to the disability 1,435
benefit shall be forfeited. 1,436
On completion of the examination by an examining physician 1,439
or physicians selected by the board, the physician or physicians 1,440
shall report and certify to the board whether the disability 1,441
36
benefit recipient is physically and mentally capable of resuming 1,442
service similar to that from which the recipient was found 1,443
disabled. If the board concurs in the report that the disability 1,444
benefit recipient is so capable, the payment of the disability 1,445
benefit shall be terminated not later than three months after the 1,446
date of the board's concurrence or upon employment as a public 1,447
employee. If the leave of absence has not expired, the 1,449
retirement board shall certify to the disability benefit
recipient's last employer before being found disabled that the 1,451
recipient is capable of resuming service, and the employer shall 1,452
restore the recipient to the recipient's previous position and 1,454
salary or to a position and salary similar thereto. 1,455
The board may adopt rules requiring each EACH disability 1,457
benefit recipient to SHALL file with the board an annual 1,459
statement of earnings and, current medical information on his THE 1,461
RECIPIENT'S condition, AND ANY OTHER INFORMATION REQUIRED BY THE 1,464
BOARD, INCLUDING COPIES OF THE RECIPIENT'S COMPLETED STATE INCOME 1,466
TAX RETURN AND ANY OTHER INFORMATION PROVIDED TO THE DEPARTMENT 1,467
OF TAXATION. AT THE BOARD'S REQUEST, THE TAX COMMISSIONER SHALL 1,468
PROVIDE TO THE BOARD COPIES OF A RECIPIENT'S COMPLETED STATE 1,469
INCOME TAX RETURN AND ANY OTHER INFORMATION PROVIDED TO THE 1,470
DEPARTMENT IN ORDER TO VERIFY THE RECIPIENT'S ANNUAL STATEMENT OF 1,471
EARNINGS. THE BOARD SHALL REIMBURSE THE DEPARTMENT FOR THE COST 1,472
OF PROVIDING THE COPIES. THE BOARD SHALL ANNUALLY EXAMINE THE 1,474
INFORMATION SUBMITTED BY THE RECIPIENT. IF A DISABILITY BENEFIT 1,475
RECIPIENT REFUSES TO FILE THE INFORMATION, THE DISABILITY BENEFIT 1,476
SHALL BE SUSPENDED UNTIL THE INFORMATION IS FILED. IF THE 1,477
REFUSAL CONTINUES FOR ONE YEAR, THE RECIPIENT'S RIGHT TO THE 1,478
DISABILITY BENEFIT SHALL BE FORFEITED. 1,479
If a disability benefit recipient is restored to service 1,481
by, or elected to an elective office with, an employer covered by 1,482
this chapter, the recipient's disability benefit shall cease. 1,484
The board may terminate a disability benefit at the request 1,486
of the recipient. 1,487
37
If disability retirement under section 145.36 of the 1,489
Revised Code is terminated for any reason, the annuity and 1,490
pension reserves at that time in the annuity and pension reserve 1,491
fund shall be transferred to the employees' savings fund and the 1,492
employers' accumulation fund, respectively. If the total 1,493
disability benefit paid is less than the amount of the 1,494
accumulated contributions of the member transferred to the 1,495
annuity and pension reserve fund at the time of the member's 1,496
disability retirement, the difference shall be transferred from 1,498
the annuity and pension reserve fund to another fund as may be 1,499
required. In determining the amount of a member's account 1,501
following the termination of disability retirement for any 1,502
reason, the total amount paid shall be charged against the 1,503
member's refundable account. 1,504
If a disability allowance paid under section 145.361 of the 1,506
Revised Code is terminated for any reason, the reserve on the 1,507
allowance at that time in the annuity and pension reserve fund 1,508
shall be transferred from that fund to the employers' 1,509
accumulation fund. 1,510
If a former disability benefit recipient again becomes a 1,512
contributor, other than as an other system retirant under section 1,513
145.38 of the Revised Code, to this system, the state teachers 1,514
retirement system, or the school employees retirement system, and 1,515
completes an additional two years of service credit, the former 1,516
disability benefit recipient shall be entitled to full service 1,518
credit for the period as a disability benefit recipient. 1,519
If any employer employs any member who is receiving a 1,521
disability benefit, the employer shall file notice of employment 1,522
with the retirement board, designating the date of employment. 1,523
In case the notice is not filed, the total amount of the benefit 1,524
paid during the period of employment prior to notice shall be 1,525
charged to and paid by the employer. 1,526
Sec. 145.363. AS USED IN THIS SECTION, "WORKERS' 1,528
COMPENSATION BENEFIT" HAS THE SAME MEANING AS IN SECTION 4123.701 1,529
38
OF THE REVISED CODE. 1,531
(A) NOT LATER THAN THIRTY DAYS AFTER RECEIPT OF NOTICE 1,534
FROM THE BUREAU OF WORKERS' COMPENSATION OR THE INDUSTRIAL 1,535
COMMISSION PURSUANT TO SECTION 4123.701 OF THE REVISED CODE, THE 1,537
RETIREMENT BOARD SHALL ADJUST A MEMBER'S DISABILITY BENEFIT IF 1,538
BOTH OF THE FOLLOWING CONDITIONS ARE MET:
(1) THE BOARD DETERMINES THAT THE MEMBER IS RECEIVING A 1,540
DISABILITY BENEFIT AND A WORKERS' COMPENSATION BENEFIT FOR THE 1,541
SAME ILLNESS OR INJURY; 1,542
(2) THE SUM OF THE MEMBER'S ANNUAL DISABILITY BENEFIT, 1,544
EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT 1,545
BENEFIT INCREASES, AND THE MEMBER'S ANNUAL WORKERS' COMPENSATION 1,546
BENEFIT EXCEEDS ONE HUNDRED PER CENT OF THE MEMBER'S FINAL 1,547
AVERAGE SALARY.
THE BOARD SHALL DEDUCT FROM THE MEMBER'S ANNUAL DISABILITY 1,549
BENEFIT AN AMOUNT EQUAL TO THE AMOUNT BY WHICH THE SUM OF THE 1,550
MEMBER'S ANNUAL DISABILITY BENEFIT, EXCLUDING ANY COST-OF-LIVING 1,551
ADJUSTMENTS OR POST-RETIREMENT BENEFIT INCREASES, AND THE 1,553
MEMBER'S ANNUAL WORKERS' COMPENSATION BENEFIT EXCEEDS ONE HUNDRED 1,554
PER CENT OF THE MEMBER'S FINAL AVERAGE SALARY. THE AMOUNT
DEDUCTED SHALL NOT EXCEED ONE HUNDRED PER CENT OF THE DISABILITY 1,556
BENEFIT PAID, EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR 1,557
POST-RETIREMENT BENEFIT INCREASES. IN THE CASE OF A WORKERS' 1,558
COMPENSATION BENEFIT THAT IS PAID WEEKLY, THE ADJUSTMENT SHALL BE 1,560
DETERMINED AS IF THE WORKERS' COMPENSATION BENEFIT WAS PAID AS A 1,561
MONTHLY BENEFIT. IN THE CASE OF A MEMBER WHO RECEIVES A LUMP SUM 1,562
PAYMENT UNDER SECTION 4123.64 OF THE REVISED CODE OR A FINAL 1,563
SETTLEMENT UNDER SECTION 4123.65 OF THE REVISED CODE, THE BOARD 1,565
SHALL ADJUST THE MEMBER'S DISABILITY BENEFIT PAID AS IF THE 1,566
BENEFIT REPRESENTED BY THE LUMP SUM PAYMENT OR FINAL SETTLEMENT 1,567
AGREEMENT BEGAN ON ITS EFFECTIVE DATE AND WAS PAID AS A MONTHLY 1,568
BENEFIT, EXCLUDING ANY AMOUNT OF THE LUMP SUM OR FINAL SETTLEMENT 1,570
THAT IS NOT ATTRIBUTABLE TO A WORKERS' COMPENSATION BENEFIT. THE 1,571
ADJUSTMENT SHALL BE EFFECTIVE ON THE FIRST DAY OF THE FIRST MONTH 1,572
39
FOLLOWING THE THIRTY-DAY PERIOD DESCRIBED IN THIS DIVISION. 1,573
(B) THE ADJUSTMENT REQUIRED BY THIS SECTION SHALL CONTINUE 1,576
UNTIL THE EARLIER OF THE FOLLOWING: 1,577
(1) A TIME AT WHICH THE SUM OF THE DISABILITY BENEFIT, 1,579
EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT 1,580
BENEFIT INCREASES, AND THE WORKERS' COMPENSATION BENEFIT NO 1,582
LONGER EXCEEDS ONE HUNDRED PER CENT OF THE MEMBER'S FINAL AVERAGE 1,583
SALARY;
(2) THE MEMBER REACHES THE AGE AT WHICH THE MEMBER WOULD 1,585
HAVE BECOME ELIGIBLE FOR NORMAL SERVICE RETIREMENT HAD THE MEMBER 1,587
NOT BECOME DISABLED, ASSUMING CONTINUOUS SERVICE AS A MEMBER. 1,588
(C) IF THE BOARD DETERMINES THAT ANY AMOUNTS WERE OVERPAID 1,591
BY THE SYSTEM PRIOR TO AN AWARD OF WORKERS' COMPENSATION 1,592
BENEFITS, THE BOARD SHALL CERTIFY THE AMOUNT OF THE OVERPAYMENT 1,593
TO THE BUREAU AND MAY RECOVER THE OVERPAYMENT FROM THE BUREAU AS 1,594
PROVIDED IN SECTION 4123.701 OF THE REVISED CODE. 1,596
(D) ANY INCREASE PAID BY THE SYSTEM UNDER SECTION 145.323 1,598
OF THE REVISED CODE SHALL BE DETERMINED AND PAID AS IF THE 1,600
REDUCTION REQUIRED BY DIVISION (A) OF THIS SECTION HAD NOT BEEN 1,601
MADE.
(E) IF A RECIPIENT OF A DISABILITY BENEFIT FROM THE SYSTEM 1,604
IS ELIGIBLE FOR MEDICAL TREATMENT OR REHABILITATION FROM THE 1,605
BUREAU OF WORKERS' COMPENSATION OR THE INDUSTRIAL COMMISSION, 1,606
HEALTH CARE COVERAGE PROVIDED BY THE SYSTEM, INCLUDING COVERAGE 1,607
UNDER SECTION 145.58 OF THE REVISED CODE, SHALL COVER ONLY 1,609
MEDICAL TREATMENT OR REHABILITATION NOT AVAILABLE THROUGH THE 1,610
BUREAU OR THE COMMISSION. 1,611
Sec. 145.45. In lieu of accepting the payment of the 1,620
accumulated account of a member who dies before service 1,621
retirement, a beneficiary, as determined in this section or 1,622
section 145.43 of the Revised Code, may elect to forfeit the 1,623
accumulated contributions and to substitute certain other 1,624
benefits under division (A) or (B) of this section. 1,625
(A) If a deceased member was eligible for a service 1,627
40
retirement benefit as provided in section 145.33, 145.331, or 1,628
145.34 of the Revised Code, a surviving spouse or other sole 1,629
dependent beneficiary may elect to receive a monthly benefit 1,630
computed as the joint-survivor benefit designated as "plan D" in 1,631
section 145.46 of the Revised Code, which the member would have 1,632
received had the member retired on the last day of the month of 1,633
death and had the member at that time selected such 1,635
joint-survivor plan. Payment shall begin with the month 1,637
subsequent to the member's death, except that a surviving spouse 1,638
who is less than sixty-five years old may defer receipt of such 1,639
benefit. Upon receipt, the benefit shall be calculated based 1,640
upon the spouse's age at the time of first payment, and shall 1,641
accrue regular interest during the time of deferral. 1,642
(B) If a deceased member had at least one and one-half 1,644
years of contributing service credit, with at least one-quarter 1,645
year of contributing service credit within the two and one-half 1,646
years prior to the date of death, or was receiving at the time of 1,647
death a disability benefit as provided in section 145.36, 1,648
145.361, or 145.37 of the Revised Code, certain designated 1,649
beneficiaries may elect to receive monthly benefits as provided 1,650
in divisions (B)(1) and (5) of this section. 1,651
(1) Number 1,653
of Qualified Or 1,654
dependents Annual Benefit as a Per Monthly Benefit 1,655
affecting Cent of Decedent's Final shall not be 1,656
the benefit Average Salary less than 1,657
1 25% $ 96 1,658
2 40 186 1,659
3 50 236 1,660
4 55 236 1,661
5 or more 60 236 1,662
(2) Benefits shall begin as qualified dependents meet 1,665
eligibility requirements as follows: 1,666
(a) Spouse of the deceased member, who is age sixty-two, 1,668
41
or age fifty if the deceased member had ten or more years of Ohio 1,669
service credit, or regardless of age if caring for a dependent 1,670
child, or regardless of age if adjudged physically or mentally 1,671
incompetent. A spouse of a member who died prior to August 27, 1,672
1970, whose eligibility was determined at the member's death, and 1,673
who is physically or mentally incompetent on or after August 20, 1,674
1976, shall be paid the monthly benefit which that person would 1,675
otherwise receive when qualified by age. 1,676
(b) Dependent child shall be any unmarried child of the 1,678
deceased member under age eighteen, or under age twenty-two if 1,679
the child is attending an institution of learning or training 1,680
pursuant to a program designed to complete in each school year 1,681
the equivalent of at least two-thirds of the full-time curriculum 1,682
requirements of such institution and as further determined by 1,683
board policy, or regardless of age if adjudged physically or 1,684
mentally incompetent at the time of the member's death. If not 1,685
domiciled in the deceased member's household at time of death, to 1,686
qualify as a dependent child the deceased member must have 1,687
contributed to one-half or more of the child's support during the 1,688
twelve-month period prior to death. "Child" as used in this 1,689
section includes a legally adopted child. If a court hearing for 1,690
an interlocutory decree for adoption has been held prior to the 1,691
time of the member's death, the beneficiary shall qualify for the 1,692
monthly benefit notwithstanding the fact that the final decree of 1,693
adoption, adjudging the surviving spouse as the adoptive parent, 1,694
is made subsequent to the death of the member. 1,695
(c) A dependent parent aged sixty-five or more who 1,697
received at least one-half of his THE PARENT'S support from the 1,698
member during the twelve-month period immediately preceding the 1,699
member's death or regardless of age if physically or mentally 1,700
incompetent, a dependent parent whose eligibility was determined 1,701
by the member's death prior to August 20, 1976, and who is 1,702
physically or mentally incompetent on or after August 20, 1976, 1,703
shall be paid the monthly benefit for which that person would 1,704
42
otherwise qualify.
(3) "Physically or mentally incompetent" as used in this 1,706
section may be determined by a court of jurisdiction, or by a 1,707
physician appointed by the retirement board. Incapability of 1,708
making a living because of a physically or mentally disabling 1,709
condition shall meet the qualifications of this division. 1,710
(4) Benefits to a qualified dependent shall terminate upon 1,712
ceasing to meet eligibility requirements as provided in this 1,713
division, A FIRST marriage, remarriage, abandonment, adoption, or 1,715
during active military service, except that benefits. 1,716
BENEFITS terminated under this division PRIOR TO THE 1,719
EFFECTIVE DATE OF THIS AMENDMENT due to a first remarriage shall 1,720
resume if the remarriage ceases within two years due to divorce, 1,721
annulment, dissolution, or death. If the surviving spouse of a 1,722
deceased member remarries on or after the effective date of this 1,724
amendment and at the time of remarriage has attained age 1,725
fifty-five, the benefits provided by this division shall 1,726
continue. The benefits provided by this division also shall 1,727
continue to a deceased member's surviving spouse who remarried 1,728
prior to the effective date of this amendment and had attained 1,729
age sixty-two at the time of the remarriage. If the benefits of 1,730
a deceased member's surviving spouse were terminated under this 1,731
division PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT due to a 1,732
remarriage occurring on or after February 15, 1995, and if at the 1,733
time of remarriage the surviving spouse had attained age 1,734
fifty-five, the benefits terminated under this division shall
resume on the first day of the month immediately following the 1,736
effective date of this amendment JUNE 5, 1996. Upon 1,737
UPON the death of any subsequent spouse who was a member of 1,740
the public employees retirement system, state teachers retirement 1,741
system, or school employees retirement system, the surviving 1,742
spouse of such member may elect to continue receiving benefits 1,743
under this division, or to receive survivor's benefits, based 1,744
upon the subsequent spouse's membership in one or more of the 1,745
43
systems, for which such surviving spouse is eligible under this 1,746
section or section 3307.49 or 3309.45 of the Revised Code. If 1,747
the surviving spouse elects to continue receiving benefits under 1,748
this division, such election shall not preclude the payment of 1,749
benefits under this division to any other qualified dependent. 1,750
Benefits shall begin or resume on the first day of the 1,752
month following the attainment of eligibility and shall terminate 1,753
on the first day of the month following loss of eligibility. 1,754
(5) Benefits to a qualified spouse shall be paid in the 1,756
amount determined for the first qualifying dependent in division 1,757
(B)(1) of this section, but shall not be less than one hundred 1,758
six dollars per month if the deceased member had ten or more 1,759
years of Ohio service credit. All other qualifying dependents 1,760
shall share equally in the benefit or remaining portion thereof. 1,761
(6) The beneficiary of a member who is also a member of 1,763
the state teachers retirement system or of the school employees 1,764
retirement system, must forfeit the member's accumulated 1,765
contributions in those systems and in the public employees 1,766
retirement system, if the beneficiary elects to receive a 1,767
survivor benefit. Such benefit shall be exclusively governed by 1,768
section 145.37 of the Revised Code. 1,769
(7) If the survivor benefits due and paid under this 1,771
section are in a total amount less than the member's accumulated 1,772
account that was transferred from the public employees' savings 1,773
fund to the survivors' benefit fund, then the difference between 1,774
the total amount of the benefits paid shall be paid to the 1,775
beneficiary under section 145.43 of the Revised Code. 1,776
Sec. 742.01. As used in this chapter: 1,785
(A)(1) "Police department" means the police department of 1,787
a municipal corporation. 1,788
(2) "Member of a police department" means both ANY of the 1,790
following: 1,791
(a) Any person who receives an original appointment as a 1,793
full-time regular police officer in a police department from a 1,794
44
duly established civil service eligible list or pursuant to 1,795
section 124.411 of the Revised Code, or who is described in 1,796
section 742.511 of the Revised Code, or who transfers from the 1,797
public employees retirement system to the police and firemen's 1,798
disability and pension fund pursuant to section 742.513, or who 1,800
is appointed pursuant to section 737.15 or 737.16 of the Revised 1,801
Code as a full-time regular police officer and is paid solely out 1,802
of public funds of the employing municipal corporation; 1,803
(b) Any person who, on October 1, 1965, was contributing 1,805
four per cent of the person's annual salary to a police relief 1,807
and pension fund established under former section 741.32 of the
Revised Code; 1,808
(c) ANY PERSON WHO COMMENCES EMPLOYMENT ON OR AFTER THE 1,811
EFFECTIVE DATE OF THIS AMENDMENT AS A FULL-TIME POLICE OFFICER 1,812
WITH A POLICE DEPARTMENT IN A POSITION IN WHICH THE PERSON IS 1,813
REQUIRED TO SATISFACTORILY COMPLETE A PEACE OFFICER TRAINING 1,814
COURSE IN COMPLIANCE WITH SECTION 109.77 OF THE REVISED CODE. 1,815
(B)(1) "Fire department" means a fire department of the 1,817
state or an instrumentality of the state or of a municipal 1,818
corporation, township, joint fire district, or other political 1,819
subdivision. 1,820
(2) "Member of a fire department" means all of the 1,822
following: 1,823
(a) Any person who commences employment after November 8, 1,825
1990, as a full-time firefighter with a fire department, in a 1,827
position in which the person is required to satisfactorily 1,828
complete or have satisfactorily completed a firefighter training 1,830
course approved under former section 3303.07 or section 4765.55 1,831
or conducted under section 3737.33 of the Revised Code; 1,832
(b) Any person who has elected under section 742.515 of 1,834
the Revised Code to be transferred from the public employees 1,835
retirement system to the police and firemen's disability and 1,836
pension fund;
(c) Any full-time firefighter who, on November 8, 1990, is 1,839
45
a member of the police and firemen's disability and pension fund.
(C) "Employee" means any person who is a member of a 1,841
police department or a member of a fire department. 1,842
(D) "Employer" means the government entity by which an 1,844
employee is employed and paid. 1,845
(E) "Member of the fund" means any person, except an other 1,847
system retirant as defined in section 742.26 of the Revised Code, 1,848
who is contributing a percentage of the person's annual salary to 1,850
the police and firemen's disability and pension fund or who is 1,851
receiving a disability benefit or pension from the fund as a 1,853
result of service in a police or fire department. A person,
other than an other system retirant, who is contributing a 1,854
percentage of the person's annual salary to the fund and is 1,855
dismissed, resigns, or is granted a leave of absence from a 1,856
police or fire department shall be considered a "member of the 1,857
fund" for a period of twelve months after the first day of the 1,858
dismissal, resignation, or leave of absence, provided the sum 1,860
deducted from the person's salary and credited to the person's 1,862
account in the fund remains on deposit in the fund. 1,863
(F) "Total disability" means inability to perform the 1,865
duties of any gainful occupation for which the member of the fund 1,866
is reasonably fitted by training, experience, and 1,867
accomplishments, provided that absolute helplessness is not a 1,868
prerequisite of total disability. 1,869
(G) "Permanent disability" means a condition of disability 1,871
with respect to which the board of trustees of the police and 1,872
firemen's disability and pension fund finds there is no present 1,874
indication of recovery. For purposes of making such a 1,875
determination, the board shall consider and base its findings on 1,876
all competent evidence, including medical testimony, opinions, 1,877
and statements, made available to it. 1,878
(H) "Year," for the purpose of determining benefits, means 1,880
any twelve consecutive calendar months of active service as a 1,881
member of the fund, or, in the case of a member whose salary is 1,882
46
paid weekly or biweekly, fifty-two consecutive weeks of active 1,883
service as a member. 1,884
(I)(G) "Average annual salary" means the highest average 1,886
annual salary of a member of the fund during any three years of 1,887
contributions determined by dividing the member's total salary as 1,889
an employee during the years by three.
(J)(H) "Normal service pension benefit" means the pension 1,891
benefit payable to a member of the fund under division (C)(1) of 1,892
section 742.37 of the Revised Code upon attaining age 1,893
forty-eight. 1,894
(K)(I) "Retirement allowance" means the total pension 1,896
benefit or disability benefit to which a member of the fund may 1,897
be entitled under division (C) of section 742.37 OR SECTION 1,898
742.39 of the Revised Code. 1,900
(L)(J) "Fiduciary" means a person who does any of the 1,902
following: 1,903
(1) Exercises any discretionary authority or control with 1,905
respect to the management of the system, or with respect to the 1,906
management or disposition of its assets; 1,907
(2) Renders investment advice for a fee, direct or 1,909
indirect, with respect to money or property of the system; 1,910
(3) Has any discretionary authority or responsibility in 1,912
the administration of the system. 1,913
(M)(K) "Terminal pay" means the following payments made by 1,915
an employer to an employee on termination of employment: 1,916
(1) Payments for accrued but unused leave, including sick 1,918
leave, vacation, personal leave, and compensatory time; 1,919
(2) Payments deferred more than one year compensating the 1,921
employee for holidays worked or for longevity; 1,922
(3) Payments for overtime worked that are not included 1,924
either in the payroll for the period in which the overtime is 1,926
worked or for the next subsequent payroll period;
(4) Other payments that are not compensation for services 1,928
rendered in the last pay period in which services were rendered 1,929
47
and are designated as terminal pay by rule of the board of 1,930
trustees of the police and firemen's disability and pension fund. 1,931
The board shall not designate as terminal pay payments deferred 1,932
one year or less compensating an employee for holidays worked or 1,933
for longevity. 1,934
(N)(L)(1) Except as otherwise provided in this division, 1,936
"salary" means all compensation, wages, and other earnings paid 1,937
to an employee by reason of employment, but without regard to 1,938
whether compensation, wages, or other earnings are treated as 1,939
deferred income for federal income tax purposes. "Salary" 1,940
includes payments for overtime that are made not later than the 1,941
payroll following the payroll period in which the overtime is 1,942
worked. 1,943
(2) "Salary" does not include any of the following: 1,945
(a) Compensation for services outside the scope of an 1,947
employee's regular employment; 1,948
(b) Reimbursement of expenses; 1,950
(c) Terminal pay; 1,952
(d) Payments for accrued but unused sick leave or personal 1,954
leave, or vacation pay covering periods for which salary, 1,955
compensation, or benefits are paid; 1,956
(e) Payments made under division (B) or (D) of section 1,958
5923.05 of the Revised Code or Section 4 of Substitute Senate 1,960
Bill No. 3 of the 119th general assembly;
(f) Payments made to or on behalf of an employee that are 1,962
in excess of the annual compensation that may be taken into 1,963
account by the fund under division (a)(17) of section 401 of the 1,964
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1,965
401(a)(17), as amended. 1,966
(3) The board shall determine by rule whether any 1,968
compensation, wages, or earnings not enumerated in this division 1,969
is salary, and its decision shall be final. 1,970
(O)(M) "Actuary" means an individual who satisfies all of 1,973
the following requirements:
48
(1) Is a member of the American academy of actuaries; 1,976
(2) Is an associate or fellow of the society of actuaries; 1,978
(3) Has a minimum of five years' experience in providing 1,980
actuarial services to public retirement plans. 1,981
Sec. 742.03. (A) As used in this section and in sections 1,990
742.04 and 742.05 of the Revised Code: 1,991
(1) "Police officer" means a member of the fund who is OR 1,993
HAS BEEN an employee of a police department and is not a police 1,994
retirant.
(2) "Firefighter" means a member of the fund who is OR HAS 1,996
BEEN an employee of a fire department and is not a firefighter 1,997
retirant.
(3) "Firefighter retirant" means a member of the fund who 1,999
is receiving an age and service or disability benefit as a result 2,000
of service in a fire department or a surviving spouse of a 2,001
deceased member who is receiving a benefit as a result of the 2,002
deceased member's service in a fire department. 2,003
(4) "Police retirant" means a member of the fund who is 2,005
receiving an age and service or disability benefit as a result of 2,006
service in a police department or a surviving spouse of a 2,007
deceased member who is receiving a benefit as a result of the 2,008
deceased member's service in a police department. 2,009
(B) The administration, control, and management of the 2,011
police and firemen's disability and pension fund, created under 2,012
section 742.02 of the Revised Code, is vested in a board of 2,013
trustees of the police and firemen's disability and pension fund, 2,014
which shall consist of nine members as follows: 2,015
(1) The attorney general; 2,017
(2) The auditor of state; 2,019
(3) The fiscal officer of a municipal corporation who 2,021
shall be appointed by the governor. This member's term shall be 2,022
for three years, commencing on the fourth day of June and ending 2,023
on the third day of June. The fiscal officer member shall hold 2,024
office from the date of appointment until the end of the term for 2,026
49
which appointed. Any fiscal officer member appointed to fill a 2,027
vacancy occurring prior to the expiration of the term for which 2,028
the fiscal officer member's predecessor was appointed shall hold 2,029
office for the remainder of such term. Any fiscal officer member 2,030
shall continue in office subsequent to the expiration date of the 2,031
fiscal officer member's term until such member's successor takes 2,033
office, or until a period of sixty days has elapsed, whichever 2,034
occurs first.
(4) Four members known as employee members. 2,036
Two employee members shall be police officers elected by 2,038
police officers. Two employee members shall be firefighters 2,039
elected by firefighters. Employee members of the board shall be 2,040
elected for terms of four years as provided by section 742.04 of 2,041
the Revised Code.
(5) One member known as the firefighter retirant member, 2,043
who shall be a resident of this state elected by the firefighter 2,044
retirants. The firefighter retirant member shall be elected for 2,045
a term of four years as provided by section 742.04 of the Revised 2,046
Code.
(6) One member known as the police retirant member, who 2,048
shall be a resident of this state elected by the police 2,049
retirants. The police retirant member shall be elected for a 2,050
term of four years as provided by section 742.04 of the Revised 2,051
Code.
(C) No employee member of the board who retires while a 2,053
member of the board shall be eligible to become a retirant member 2,054
for three years after the date of the member's retirement. 2,055
Sec. 742.04. Election AS USED IN THIS SECTION, "COUNTY" 2,064
MEANS THE COUNTY OF RESIDENCE OF AN INDIVIDUAL WHO SIGNS A 2,065
NOMINATING PETITION.
ELECTION of the employee members, firefighter retirant 2,068
member, and police retirant member of the board of trustees of 2,069
the police and firemen's disability and pension fund shall be 2,070
under the supervision and direction of the board. 2,071
50
Nominating petitions for candidates for an employee member 2,073
of the board elected by police officers shall be signed by at 2,074
least one hundred members of the fund who are police officers, 2,075
with at least twenty signers from EACH OF at least five counties 2,076
of the state. 2,077
Nominating petitions for candidates for an employee member 2,079
of the board elected by firefighters shall be signed by at least 2,080
one hundred members of the fund who are firefighters, with at 2,081
least twenty signers from EACH OF at least five counties of the 2,082
state.
Nominating petitions for candidates for an employee member 2,084
of the board shall be filed in the office of the board not later 2,085
than four p.m. on the first Monday in April preceding the date of 2,086
the expiration of the term of the employee member of the board 2,087
whose successor is to be elected. 2,088
The board shall determine the sufficiency of the nominating 2,090
petitions filed with it and the board's decision shall be final. 2,091
The board shall cause ballots to be prepared for the 2,093
election of employee members of the board which shall contain the 2,094
names of all candidates for whom proper nominating petitions have 2,095
been filed with the board. 2,096
A POLICE OFFICER OR FIREFIGHTER IS ELIGIBLE TO VOTE IN AN 2,098
ELECTION IF THE POLICE OFFICER OR FIREFIGHTER IS A MEMBER OF THE 2,099
FUND ON THE FIRST MONDAY IN APRIL PRECEDING THE DATE OF THE 2,101
EXPIRATION OF THE TERM OF THE EMPLOYEE MEMBER OF THE BOARD WHOSE 2,102
SUCCESSOR IS TO BE ELECTED. THE BOARD SHALL DETERMINE WHETHER A 2,103
MEMBER OF THE FUND IS ELIGIBLE TO VOTE AT AN ELECTION AND ITS 2,105
DECISION SHALL BE FINAL.
On or before the first Monday in May preceding the date of 2,107
the expiration of the term of the employee member of the board 2,108
whose successor is to be elected, the board shall cause ballots 2,109
to be sent to each member of the fund who is eligible to vote at 2,110
such election to the address of such member as shown on the 2,111
records of the board. 2,112
51
Ballots shall be returned to the board not later than the 2,114
third Tuesday in May following the date that the ballots were 2,115
mailed to the members of the fund eligible to vote at such 2,116
election. 2,117
The board shall cause the ballots to be counted and shall 2,119
declare the person receiving the highest number of votes elected 2,120
as an employee member of the board for a term of four years 2,121
beginning on the first Monday in June following such election. 2,122
Nominating petitions for candidates for the police retirant 2,124
member of the board shall be signed by at least fifty police 2,126
retirants, with at least ten signers from at least five counties 2,127
of the state.
Nominating petitions for candidates for the firefighter 2,129
retirant member of the board shall be signed by at least fifty 2,131
firefighter retirants, with at least ten signers from at least 2,132
five counties of the state.
Nominating petitions for candidates for the retirant 2,134
members of the board shall be filed in the office of the board 2,135
not later than four p.m. on the first Monday in April preceding 2,136
the date of the expiration of the term of the retirant member of 2,137
the board whose successor is to be elected. 2,138
The board shall determine the sufficiency of the nominating 2,140
petitions filed with it, and the board's decision shall be final. 2,141
The board shall cause ballots to be prepared for the 2,143
election of these board members which shall contain the names of 2,145
all candidates for whom proper nominating petitions have been 2,146
filed with the board.
A RETIRANT IS ELIGIBLE TO VOTE IN AN ELECTION IF THE 2,148
RETIRANT IS A POLICE RETIRANT OR FIREFIGHTER RETIRANT ON THE 2,149
FIRST MONDAY IN APRIL PRECEDING THE DATE OF THE EXPIRATION OF THE 2,152
TERM OF THE RETIRANT MEMBER OF THE BOARD WHOSE SUCCESSOR IS TO BE 2,153
ELECTED. THE BOARD SHALL DETERMINE WHETHER A POLICE RETIRANT OR 2,154
FIREFIGHTER RETIRANT IS ELIGIBLE TO VOTE AT AN ELECTION AND ITS 2,155
DECISION SHALL BE FINAL.
52
On or before the first Monday in May preceding the date of 2,157
the expiration of the term of a retirant member of the board 2,158
whose successor is to be elected, the board shall cause ballots 2,159
to be sent to each person who is eligible to vote in the election 2,160
to the address of the person as shown on the records of the 2,161
board. 2,162
Ballots shall be returned to the board not later than the 2,164
third Tuesday in May following the date that the ballots were 2,165
mailed to the persons eligible to vote in the election. 2,166
The board shall cause the ballots to be counted and shall 2,168
declare the person receiving the highest number of votes elected 2,169
as the police retirant member or the firefighter retirant member 2,171
of the board for a term of four years beginning on the first 2,172
Monday in June following the election.
Sec. 742.05. Any vacancy occurring in the term of a member 2,181
of the board of trustees of the police and firemen's disability 2,183
and pension fund who is the fiscal officer of a municipal 2,184
corporation shall be filled by appointment by the governor for 2,185
the unexpired term of such member.
Any vacancy occurring in the term of an employee member of 2,187
the board shall be filled by the remaining employee members and 2,188
the retirant members of the board for the unexpired term of such 2,190
member.
Any vacancy occurring in the term of a retirant member of 2,192
the board shall be filled by the employee members and the 2,193
remaining retirant member of the board for the unexpired term. 2,194
When IF a member of the board who is the fiscal officer of 2,196
a municipal corporation ceases to be a fiscal officer of a 2,197
municipal corporation, a vacancy shall exist. 2,198
If an employee member of the board ceases to be an employee 2,200
of a police or fire department MEMBER OF THE FUND, a vacancy 2,201
shall exist. 2,202
If as a result of changed circumstances a retirant member 2,204
no longer qualifies for membership on the board as a retirant 2,206
53
member, a vacancy shall exist.
Any employee or retirant member of the board or member of 2,208
the board who is the fiscal officer of a municipal corporation 2,209
who fails to attend three consecutive meetings of the board, 2,210
without valid excuse, shall be considered as having resigned from 2,211
the board and the board shall declare the member's office vacated 2,213
and as of the date of the adoption of a proper resolution a
vacancy shall exist. 2,214
Sec. 742.08. (A) The members of the board of trustees of 2,223
the police and firemen's disability and pension fund shall serve 2,225
without compensation but shall be reimbursed for their necessary 2,226
expenses incurred in the performance of their official duties. 2,227
An employee member of the board shall suffer no loss or 2,229
penalty whatsoever because of absence from his THE EMPLOYEE 2,230
MEMBER'S regular employment while engaged in official duties as a 2,232
member of the board.
(B) The board may secure insurance coverage designed to 2,234
indemnify board members and employees for their actions or 2,235
conduct in the performance of official duties, and may pay 2,236
required premiums for such coverage from the expense fund. 2,237
(C) The board shall adopt rules in accordance with section 2,239
111.15 of the Revised Code establishing a policy for 2,241
reimbursement of travel expenses incurred by board members in the 2,243
performance of their official duties. As part of any audit
performed under Chapter 117. of the Revised Code, an inquiry 2,246
shall be made into whether board members have complied with these 2,247
rules.
(D) No board member shall accept payment or reimbursement 2,250
for travel expenses, other than for meals and other food and 2,251
beverages provided to the member, from any source other than the 2,252
expense fund established under section 742.38 742.59 of the 2,253
Revised Code. Except in the case of an emergency, no 2,256
out-of-state travel expenses shall be reimbursed unless approved 2,257
in advance by a majority of the board at a regular board meeting. 2,258
54
Sec. 742.10. The board of trustees of the police and 2,267
firemen's disability and pension fund may sue and be sued, plead 2,268
and be impleaded, contract and be contracted with, employ and fix 2,269
the compensation of employees, and adopt rules for the proper 2,270
administration and management of the fund. The
THE attorney general shall prescribe procedures for the 2,273
adoption of rules authorized under this chapter, consistent with 2,274
the provisions of section 111.15 of the Revised Code under which 2,275
all rules shall be filed in order to be effective. Such
procedures shall establish methods by which notice of proposed 2,276
rules is given to interested parties and rules adopted by the 2,277
board published and otherwise made available. WHEN IT FILES A 2,278
RULE WITH THE JOINT COMMITTEE ON AGENCY RULE REVIEW PURSUANT TO 2,279
SECTION 111.15 OF THE REVISED CODE, THE BOARD SHALL SUBMIT TO THE 2,281
OHIO RETIREMENT STUDY COUNCIL A COPY OF THE FULL TEXT OF THE 2,282
RULE, AND IF APPLICABLE, A COPY OF THE RULE SUMMARY AND FISCAL 2,283
ANALYSIS REQUIRED BY DIVISION (B) OF SECTION 127.18 OF THE 2,284
REVISED CODE.
All rules adopted pursuant to this chapter, prior to August 2,286
20, 1976, shall be published and made available to interested 2,287
parties by January 1, 1977.
Sec. 742.11. (A) The members of the board of trustees of 2,296
the police and firemen's disability and pension fund shall be the 2,297
trustees of the funds created by section 742.38 742.59 of the 2,298
Revised Code. The board shall have full power to invest the 2,300
funds. The board and other fiduciaries shall discharge their 2,301
duties with respect to the funds solely in the interest of the 2,302
participants and beneficiaries; for the exclusive purpose of 2,303
providing benefits to participants and their beneficiaries and 2,304
defraying reasonable expenses of administering the police and 2,305
firemen's disability and pension fund; with care, skill, 2,307
prudence, and diligence under the circumstances then prevailing 2,308
that a prudent person acting in a like capacity and familiar with 2,310
these matters would use in the conduct of an enterprise of a like 2,311
55
character and with like aims; and by diversifying the investments 2,312
of the disability and pension fund so as to minimize the risk of 2,314
large losses, unless under the circumstances it is clearly 2,315
prudent not to do so.
To facilitate investment of the funds, the board may 2,317
establish a partnership, trust, limited liability company, 2,318
corporation, including a corporation exempt from taxation under 2,319
the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C.A. 1, as 2,320
amended, or any other legal entity authorized to transact 2,321
business in this state.
(B) In exercising its fiduciary responsibility with 2,323
respect to the investment of the funds, it shall be the intent of 2,324
the board to give consideration to investments that enhance the 2,325
general welfare of the state and its citizens where the 2,326
investments offer quality, return, and safety comparable to other 2,328
investments currently available to the board. In fulfilling this
intent, equal consideration shall be given to investments 2,329
otherwise qualifying under this section that involve minority 2,330
owned and controlled firms and firms owned and controlled by 2,331
women, either alone or in joint venture with other firms. 2,332
The board shall adopt, in regular meeting, policies, 2,334
objectives, or criteria for the operation of the investment 2,336
program that include asset allocation targets and ranges, risk 2,337
factors, asset class benchmarks, time horizons, total return 2,338
objectives, and performance evaluation guidelines. In adopting 2,339
policies and criteria for the selection of agents with whom the
board may contract for the administration of the funds, the board 2,341
shall give equal consideration to minority owned and controlled 2,342
firms, firms owned and controlled by women, and joint ventures 2,343
involving minority owned and controlled firms and firms owned and 2,344
controlled by women that otherwise meet the policies and criteria 2,345
established by the board. Amendments and additions to the
policies and criteria shall be adopted in regular meeting. The 2,347
board shall publish its policies, objectives, and criteria under 2,348
56
this provision no less often than annually and shall make copies 2,350
available to interested parties.
When reporting on the performance of investments, the board 2,352
shall comply with the performance presentation standards 2,353
established by the association for investment management and 2,354
research.
(C) All bonds, notes, certificates, stocks, or other 2,357
evidences of investments purchased by the board shall be 2,358
delivered to the treasurer of state, who is hereby designated as 2,359
custodian thereof, or to the treasurer of state's authorized 2,360
agent, and the treasurer of state or the agent shall collect the 2,361
principal, interest, dividends, and distributions that become due 2,363
and payable and place them when so collected into the custodial 2,364
funds. Evidences of title of the investments may be deposited by 2,365
the treasurer of state for safekeeping with an authorized agent, 2,367
selected by the treasurer of state, who is a qualified trustee 2,368
under section 135.18 of the Revised Code. The treasurer of state 2,369
shall pay for the investments purchased by the board on receipt 2,370
of written or electronic instructions from the board or the 2,372
board's designated agent authorizing the purchase and pending 2,374
receipt of the evidence of title of the investment by the
treasurer of state or the treasurer of state's authorized agent. 2,375
The board may sell investments held by the board, and the 2,376
treasurer of state or the treasurer of state's authorized agent 2,377
shall accept payment from the purchaser and deliver evidence of 2,378
title of the investment to the purchaser on receipt of written or 2,379
electronic instructions from the board or the board's designated
agent authorizing the sale, and pending receipt of the moneys for 2,381
the investments. The amount received shall be placed into the 2,382
custodial funds. The board and the treasurer of state may enter 2,383
into agreements to establish procedures for the purchase and sale 2,384
of investments under this division and the custody of the 2,385
investments.
(D) All of the board's business shall be transacted, all 2,388
57
its funds shall be invested, all warrants for money drawn and 2,389
payments shall be made, and all of its cash, securities, and 2,390
other property shall be held, in the name of the board or its 2,391
nominee, provided that nominees are authorized by board 2,392
resolution for the purpose of facilitating the ownership and 2,393
transfer of investments.
(E) No purchase or sale of any investment shall be made 2,396
under this section except as authorized by the board of trustees 2,397
of the police and firemen's disability and pension fund. 2,398
(F) Any statement of financial position distributed by the 2,400
board shall include the fair value, as of the statement date, of 2,402
all investments held by the board under this section.
Sec. 742.22. A member of the fund who is receiving 2,411
disability benefits from the police and firemen's disability and 2,413
pension fund and is restored to active duty as a member of a 2,414
police or fire department shall, in computing years of service 2,415
under section 742.37 OR 742.39 of the Revised Code, be given 2,416
service credit toward retirement for the time he THE MEMBER was 2,418
receiving such disability benefits. 2,421
On restoration to active duty as a member of a police or 2,423
fire department, the member shall make contributions to the fund 2,424
in accordance with section 742.31 of the Revised Code, and his 2,425
THE MEMBER'S disability benefits shall be terminated on the first 2,426
day following restoration to active duty. In determining the 2,427
amount of the member's account after the termination of 2,428
disability benefits, the total sum of the disability benefits 2,429
paid shall be deducted from any refund payable to the member 2,430
under division (G) of section 742.37 of the Revised Code. 2,431
The employer shall notify the board of trustees of the 2,433
police and firemen's disability and pension fund of the member's 2,434
return to active duty before the end of the month then current, 2,435
designating the date of the resumption of active duty. If the 2,436
member is paid any amount of disability benefits to which he THE 2,437
MEMBER is not entitled under this section, such amount shall be 2,438
58
repaid to the fund by the member or shall be recovered by a 2,439
withholding from subsequent retirement allowances or other 2,440
amounts payable under this chapter. 2,441
Sec. 742.221. A member of the police and firemen's 2,450
disability and pension fund who, during the period of employment 2,451
as a member of a police or fire department, is removed from 2,452
active pay status due to pregnancy or a medical disability leave 2,453
not exceeding one year for each such leave, shall, in computing 2,454
years of active service in such department under division (C) of 2,455
section 742.37 OR SECTION 742.39 of the Revised Code, be given 2,456
full credit for time for which contributions were not made during 2,457
such leave of absence if all of the following conditions are met: 2,458
(A) The leave was approved by the member's employing 2,460
authority. 2,461
(B) During the period of the leave the member was not 2,463
entitled to receive disability benefits from the fund. 2,464
(C) The member pays into the fund an amount equal to the 2,466
employee contributions that would have been deducted from the 2,467
base pay had the member remained on active pay status, plus 2,468
interest compounded annually from the date the leave commenced to 2,469
the date of payment. The rate of interest shall be determined by 2,470
the board of the police and firemen's disability and pension 2,471
fund.
Sec. 742.23. A member of the fund who is an employee of 2,480
the police department of a municipal corporation and who has 2,481
resigned or has been honorably discharged from membership in the 2,482
fire department of the same municipal corporation shall, in 2,483
computing years of service in the police department under section 2,484
742.37 OR 742.39 of the Revised Code, be given full credit for 2,485
time served in such fire department, provided he THE MEMBER has 2,486
paid into the police and firemen's disability and pension fund a 2,487
sum equal to that which he THE MEMBER would have been required to 2,488
pay, under former section 741.12 and section 742.31 of the
Revised Code, as a member of such fire department during the 2,489
59
years for which service credit is claimed had he THE MEMBER been 2,490
contributing a percentage of his THE MEMBER'S salary to a 2,491
firemen's relief and pension fund or to the police and firemen's 2,493
disability and pension fund as provided by such sections during
such years. 2,494
Sec. 742.24. A member of the fund who is an employee of 2,503
the fire department of a municipal corporation and who has 2,504
resigned or has been honorably discharged from membership in the 2,505
police department of the same municipal corporation shall, in 2,506
computing years of service in the fire department under section 2,507
742.37 OR 742.39 of the Revised Code, be given full credit for 2,508
the time served in such police department, provided he THE MEMBER 2,509
has paid into the police and firemen's disability and pension 2,510
fund a sum equal to that which he THE MEMBER would have been 2,511
required to pay, under former section 741.43 and section 742.31 2,512
of the Revised Code, as a member of such police department during 2,513
the years for which service credit is claimed had he THE MEMBER 2,514
been contributing a percentage of his THE MEMBER'S salary to a 2,515
police relief and pension fund or to the police and firemen's 2,516
disability and pension fund, as provided by such sections during 2,517
such years.
Sec. 742.251. (A) A member of the police and firemen's 2,526
disability and pension fund, in computing years of active service 2,528
under division (C) of section 742.37 OR SECTION 742.39 of the 2,529
Revised Code, shall be given full credit for full-time 2,531
out-of-state or federal service, other than military service, 2,532
purchased under this section. A member may purchase credit for 2,533
such service if all of the following conditions are met: 2,534
(1) The service was rendered as an employee of an entity 2,536
of state or local government, or of an entity of the United 2,537
States government; 2,538
(2) The member is eligible to retire under this chapter or 2,540
will become eligible to retire as a result of purchasing the 2,541
credit; 2,542
60
(3) The member agrees to retire within ninety days after 2,544
receiving notice of the amount determined under division (B) of 2,545
this section. 2,546
(B) On receipt of a request from a member eligible to 2,548
purchase credit under this section, the fund shall obtain from 2,549
its actuary certification of the amount of the additional 2,550
liability to the fund for each year of credit the member is 2,551
eligible to purchase and shall notify the member of that amount. 2,552
For each year of credit purchased, the member shall pay to the 2,553
fund an amount equal to the additional liability resulting from 2,554
the purchase of credit for that year. Payment shall be made in 2,555
full at the time of purchase. 2,556
(C) The number of years of service purchased under this 2,558
section shall not exceed five. 2,559
(D) A member may not purchase credit under this section 2,561
for service that is used in the calculation of any public or 2,562
private retirement benefit, other than federal social security 2,563
benefits, currently being paid or payable in the future to the 2,564
member. 2,565
(E) If the member does not retire within ninety days after 2,567
purchasing credit under this section, the fund shall withdraw the 2,568
credit and refund the amount paid by the member. 2,569
Sec. 742.27. (A) As used in this section, "lay off" means 2,578
to cease to employ a person pursuant to sections 124.321 to 2,579
124.328 of the Revised Code or pursuant to any similar provisions 2,580
that apply to the person under any of the following: 2,581
(1) A collective bargaining agreement entered into under 2,583
Chapter 4117. of the Revised Code; 2,584
(2) Any ordinance, resolution, contract, agreement, 2,586
policy, or procedure governing employment. 2,587
(B) A member of the police and firemen's disability and 2,589
pension fund who, during his employment as a member of a police 2,590
or fire department, is removed from active pay status by being 2,591
laid off by his THE MEMBER'S employer, shall, in computing years 2,592
61
of active service under division (C) of section 742.37 OR SECTION 2,593
742.39 of the Revised Code, be given full credit for time for 2,594
which contributions were not made during the period he THE MEMBER 2,595
was laid off, if all of the following conditions are met: 2,596
(1) During the time the member was laid off, he THE MEMBER 2,598
was not entitled to receive disability benefits from the fund. 2,600
(2) During the time the member was laid off, he THE MEMBER 2,602
did not render any service that is used in the calculation of any 2,603
public or private retirement benefit, except any federal social 2,604
security retirement benefit, currently being paid or payable in 2,605
the future to the member. 2,606
(3) The fund receives the amount determined under division 2,608
(C) of this section from the member, his THE MEMBER'S employer, 2,609
or the member and the employer. 2,610
The total amount of service purchased by any member under 2,612
this section shall not exceed two years. A member may choose to 2,613
purchase only part of such credit in any one payment, subject to 2,614
board rules. 2,615
(C) The amount paid for the credit purchased under this 2,617
section shall be an amount equal to the additional liability to 2,618
the fund resulting from the purchase of the credit, as determined 2,619
by an actuary employed by the board of trustees of the fund. 2,620
(D) The board shall have final authority to determine and 2,622
fix the amount of the payment for credit purchased under this 2,623
section. The employer may pay all or part of the payment. 2,624
(E) The board of trustees shall adopt rules for the 2,626
implementation of this section. 2,627
Sec. 742.31. Each employee shall contribute an amount 2,636
equal to ten per cent of his THE EMPLOYEE'S salary to the police 2,637
and firemen's disability and pension fund. The amount shall be 2,639
deducted by the employer from the employee's salary as defined in 2,640
division (N)(L) of section 742.01 of the Revised Code for each 2,641
payroll period, irrespective of whether the minimum compensation 2,643
provided by law for the employee is reduced thereby. Every 2,644
62
employee shall be deemed to consent to the deductions, and 2,645
payment to him THE EMPLOYEE less the deductions is a complete 2,646
discharge and acquittance of all claims and demands for the 2,647
services rendered by him THE EMPLOYEE during the period covered 2,648
by such payment.
Sec. 742.32. The fiscal officer of each employer shall 2,657
transmit promptly MONTHLY to the secretary of the board of 2,658
trustees of the police and firemen's disability and pension fund 2,660
a report of employee deductions at such intervals and in such 2,661
form as the board requires. The report shall show all deductions 2,662
for the fund made pursuant to section 742.31 of the Revised Code 2,663
and shall be accompanied by warrants or checks PAYMENTS covering 2,664
the total of such deductions. Separate warrants or checks 2,666
PAYMENTS shall be so transmitted for that portion of such 2,668
deductions made from the salaries of members of the police 2,669
department and for that portion of such deductions made from the 2,670
salaries of members of the fire department. The A PENALTY OF 2,671
FIVE PER CENT OF THE TOTAL AMOUNT DUE FOR THE PARTICULAR 2,672
REPORTING PERIOD SHALL BE ADDED WHEN THE REPORT, TOGETHER WITH 2,673
PAYMENTS TO COVER THE TOTAL AMOUNT DUE FROM THE SALARIES OF ALL 2,674
EMPLOYEES OF THE EMPLOYER, IS FILED THIRTY OR MORE DAYS AFTER THE 2,675
LAST DAY OF THE REPORTING PERIOD. THE PENALTY SHALL BE ADDED TO 2,676
AND COLLECTED ON THE NEXT SUCCEEDING REGULAR EMPLOYER BILLING. 2,677
IF THE PENALTY IS NOT PAID WITHIN THREE MONTHS AFTER IT IS ADDED 2,678
TO THE REGULAR EMPLOYER BILLING, INTEREST AT A RATE SET BY THE 2,680
RETIREMENT BOARD MAY BE CHARGED ON THE AMOUNT OF THE PENALTY FROM 2,681
THE DATE THE AMOUNT IS DUE TO THE DATE OF PAYMENT.
THE secretary of the board, after making a record of all 2,684
such receipts and crediting each employee's individual account 2,685
with the amount deducted from his THE EMPLOYEE'S salary, shall 2,686
deposit the receipts with the treasurer of state for use as 2,687
provided by this chapter. Where an employer fails or refuses to 2,688
deduct contributions for any employee and transmit such amounts 2,689
to the fund, the board may make a determination of the employee's 2,690
63
liability for contributions and certify to the employer the 2,691
amounts due for collection in the same manner and subject to the 2,692
same penalties as payments due the employer's contributions 2,693
funds. 2,694
Sec. 742.33. (A) Each employer shall pay quarterly, on 2,703
such dates as the board of trustees of the police and firemen's 2,704
disability and pension fund requires, from its general fund, or 2,706
from a levy imposed pursuant to division (J) or (W) of section 2,707
5705.19 of the Revised Code, to the fund an amount, certified by 2,708
the secretary of the board and known as the "policemen POLICE 2,710
employer's contribution.," Beginning the first day of the first 2,712
month following the effective date of this amendment, the 2,713
contribution WHICH shall be nineteen and one-half per cent of the 2,715
salaries as defined in division (N)(L) of section 742.01 of the 2,716
Revised Code of the members of the police department of the 2,718
employer.
(B) The taxing authority of each municipal corporation in 2,720
which there was a police relief and pension fund on October 1, 2,721
1965, shall annually, in the manner provided for making other 2,722
municipal levies and in addition to all other levies authorized 2,723
by law, levy a tax of three-tenths of one mill upon all the real 2,724
and personal property as listed for taxation in the municipal 2,725
corporation for the purpose of paying the policemen POLICE 2,726
employer's contribution and the municipal corporation's accrued 2,728
liability for its former police relief and pension fund and 2,729
interest thereon, and of defraying the current operating expenses 2,730
of the municipal corporation. The annual revenues derived from 2,731
the tax shall be used in the following order: 2,732
(1) First, to pay the current policemen POLICE employer's 2,734
contribution and any interest related thereto; 2,735
(2) Second, to pay any accrued liability chargeable to the 2,737
municipal corporation during the current calendar year for its 2,738
former police relief and pension fund and any interest related 2,739
thereto; 2,740
64
(3) Third, to defray the current operating expenses of the 2,742
municipal corporation. 2,743
Sec. 742.34. (A) Each employer shall pay quarterly, on 2,753
such dates as the board of trustees of the police and firemen's 2,754
disability and pension fund requires, from its general fund, or 2,756
from a levy imposed pursuant to division (I) or (W) of section 2,757
5705.19 of the Revised Code, to the fund an amount, certified by 2,758
the secretary of the board and known as the "firemen FIREFIGHTERS 2,760
employer's contribution.," Beginning the first day of the first 2,761
month following the effective date of this amendment, the 2,762
contribution WHICH shall be twenty-four per cent of the salaries 2,764
as defined in division (N)(L) of section 742.01 of the Revised 2,765
Code of the members of the fire department of the employer. 2,767
(B) The taxing authority of each municipal corporation in 2,769
which there was a firemen's relief and pension fund on October 1, 2,770
1965, shall annually, in the manner provided for making other 2,771
municipal levies and in addition to all other levies authorized 2,772
by law, levy a tax of three-tenths of one mill upon all the real 2,773
and personal property as listed for taxation in the municipal 2,774
corporation for the purpose of paying the firemen FIREFIGHTERS 2,775
employer's contribution and the municipal corporation's accrued 2,777
liability for its former firemen's relief and pension fund and 2,779
interest thereon, and of defraying the current operating expenses 2,780
of the municipal corporation. The annual revenues derived from 2,781
the tax shall be used in the following order: 2,782
(1) First, to pay the current firemen FIREFIGHTERS 2,784
employer's contribution and any interest related thereto; 2,785
(2) Second, to pay any accrued liability chargeable to the 2,787
municipal corporation during the current calendar year for its 2,788
former firemen's relief and pension fund and any interest related 2,789
thereto; 2,790
(3) Third, to defray the current operating expenses of the 2,792
municipal corporation. 2,793
Sec. 742.35. Each employer shall pay its annual policemen 2,802
65
POLICE employer's contribution and firemen FIREFIGHTERS 2,803
employer's contribution in four equal installments promptly after 2,805
such amount is certified by the secretary of the board of 2,806
trustees of the police and firemen's disability and pension fund, 2,807
as provided in sections 742.33 and 742.34 of the Revised Code. 2,808
Ninety SIXTY days after such a billing is submitted THE DATE AN 2,810
INSTALLMENT IS DUE, any amounts which remain unpaid shall be 2,811
subject to a penalty for late payment in the amount of five per 2,812
cent. In addition, interest on past due accounts and penalties 2,813
may be charged at the A rate of six per cent per annum DETERMINED 2,815
BY THE RETIREMENT BOARD FROM THE DATE THE INSTALLMENT IS DUE TO
THE DATE OF PAYMENT. 2,816
Upon certification by the board to the county auditor of an 2,818
amount due from any employer within the county who is subject to 2,819
this chapter, by reason of such employer's delinquency in making 2,820
employer contribution payments to the fund for past years, such 2,821
amount shall be withheld from such employer from any funds in the 2,822
hands of the county treasurer for distribution to such employer. 2,823
Upon receipt of such certification, the county auditor shall draw 2,824
a warrant against such funds in favor of the fund for the amount. 2,825
Sec. 742.36. The treasurer of state shall pay in August, 2,834
1981 and each August thereafter from appropriations made for such 2,835
purposes to the police and firemen's disability and pension fund 2,836
one million two hundred thousand dollars which shall be known as 2,838
the "state contribution." Upon receipt of such state
contribution, the board of trustees of the police and firemen's 2,839
pension fund shall place the state contribution in the guarantee 2,841
fund to be distributed in accordance with division (G) of section 2,842
742.38 742.59 of the Revised Code. 2,843
Sec. 742.37. The board of trustees of the police and 2,852
firemen's disability and pension fund shall adopt rules for the 2,854
management of the fund and for the disbursement of benefits and 2,855
pensions as set forth in this section AND SECTION 742.39 OF THE 2,856
REVISED CODE. Any payment of a benefit or pension under this 2,858
66
section is subject to the provisions of section 742.461 of the 2,859
Revised Code. Notwithstanding any other provision of this 2,860
section, no pension or benefit paid or determined under division 2,861
(B) or (C) of this section OR SECTION 742.39 OF THE REVISED CODE 2,862
shall exceed the limit established by section 415 of the 2,863
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 2,864
as amended.
(A) Persons who were receiving benefit or pension payments 2,866
from a police relief and pension fund established under former 2,867
section 741.32 of the Revised Code, or from a firemen's relief 2,868
and pension fund, established under former section 521.02 or 2,870
741.02 of the Revised Code, at the time the assets of the fund 2,872
were transferred to the police and firemen's disability and 2,873
pension fund, shall receive benefit and pension payments from the 2,874
police and firemen's disability and pension fund in the same 2,876
amount and subject to the same conditions as such payments were 2,878
being made from the former fund on the date of the transfer. 2,880
(B) A member of the fund who, pursuant to law, elected to 2,882
receive benefits and pensions from a police relief and pension 2,883
fund established under former section 741.32 of the Revised Code, 2,885
or from a firemen's relief and pension fund established under 2,887
former section 741.02 of the Revised Code, in accordance with the 2,888
rules of the fund governing the granting of benefits or pensions 2,890
therefrom in force on April 1, 1947, shall receive benefits and 2,891
pensions from the police and firemen's disability and pension
fund in accordance with such rules; provided, that any member of 2,893
the fund who is not receiving a benefit or pension from the fund 2,894
on August 12, 1975, may, upon application for a benefit or 2,895
pension to be received on or after August 12, 1975, elect to 2,896
receive a benefit or pension in accordance with division (C) of 2,897
this section.
(C) Members of the fund who have not elected to receive 2,899
benefits and pensions from a police relief and pension fund or a 2,900
firemen's relief and pension fund in accordance with the rules of 2,902
67
the fund in force on April 1, 1947, shall receive pensions and 2,904
benefits in accordance with the following provisions: 2,905
(1) A member of the fund who has completed twenty-five 2,907
years of active service in a police or fire department and has 2,908
attained forty-eight years of age may, at the member's election, 2,910
retire from the police or fire department, and upon notifying the 2,911
board in writing of the election, shall receive an annual 2,912
pension, payable in twelve monthly installments, in an amount 2,914
equal to a percentage of the member's average annual salary. The 2,915
percentage shall be the sum of two and one-half per cent for each 2,917
of the first twenty years the member was in the active service of 2,918
the department, plus two per cent for each of the twenty-first to 2,920
twenty-fifth years the member was in the active service of the 2,921
department, plus one and one-half per cent for each year in 2,923
excess of twenty-five years the member was in the active service 2,924
of the department. The annual pension shall not exceed 2,926
seventy-two per cent of the member's average annual salary. 2,927
A member who completed twenty-five years of active service, 2,930
has resigned or been discharged, and has left the sum deducted 2,932
from the member's salary on deposit in the pension fund shall, 2,933
upon attaining forty-eight years of age, be entitled to receive a 2,935
normal service pension benefit computed and paid under division 2,936
(C)(1) of this section.
(2) A member of the fund who is permanently and totally 2,938
disabled as the result of the performance of the member's 2,939
official duties as a member of a police or fire department shall 2,941
be paid annual disability benefits until death, payable in twelve 2,942
monthly installments, in an amount equal to seventy-two per cent 2,943
of the member's annual salary for the last year the member was in 2,945
the active service of the police or fire department.
(3) A member of the fund who is partially disabled as the 2,947
result of the performance of the member's official duties as a 2,949
member of a police or fire department shall, if the disability 2,950
prevents the member from performing those duties and impairs the 2,952
68
member's earning capacity, receive annual disability benefits, 2,954
payable in twelve monthly installments, in an amount to be fixed 2,955
by the board. The board may increase or decrease the benefits 2,956
whenever the impairment of the member's earning capacity warrants 2,958
an increase or decrease, but in no event shall a benefit paid to 2,959
the member exceed sixty per cent of the member's average annual 2,961
salary. Each such member who has completed twenty-five or more 2,963
years of active service in the department shall receive annual 2,964
disability benefits, payable in twelve monthly installments, in 2,965
an amount equal to a percentage of the member's average annual 2,966
salary. The percentage shall be the sum of two and one-half per 2,968
cent for each of the first twenty years the member was in the 2,969
active service of the department, plus two per cent for each of 2,972
the twenty-first to twenty-fifth years the member was in the 2,973
active service of the department, plus one and one-half per cent 2,975
for each year in excess of twenty-five years the member was in 2,976
the active service of the department. The annual disability 2,978
benefit shall not exceed seventy-two per cent of the member's
average annual salary. 2,979
(4) A member of the fund who is disabled as a result of 2,981
heart disease or any cardiovascular disease of a chronic nature 2,982
or any respiratory disease of a chronic nature, which disease or 2,983
any evidence of which disease was not revealed by the physical 2,984
examination passed by the member upon entry into the department, 2,985
is presumed to have incurred the disease while performing 2,986
official duties as a member of the department, unless the 2,987
contrary is shown by competent evidence. 2,988
If the disability prevents the member from performing 2,990
official duties and impairs the member's earning capacity, the 2,993
member shall be paid annual disability payments in accordance
with division (C)(2) or (3) of this section. 2,994
A member of the fund who applies for disability benefits as 2,996
a result of heart disease or any cardiovascular disease of a 2,997
chronic nature or any respiratory disease of a chronic nature, 2,998
69
which disease or any evidence of which disease was not revealed 2,999
by the physical examination passed by the member upon entry into 3,000
the department, shall be examined by two physicians designated by 3,001
the board of trustees of the police and firemen's disability and 3,003
pension fund, one of whom may be the attending physician. Each 3,004
examining physician shall submit a written report of the 3,005
examination findings to the board. 3,006
(5) A member of the fund who has completed five or more 3,008
years of active service in a police or fire department and has 3,009
incurred disability not caused or induced by the actual 3,010
performance of the member's official duties as a member of the 3,012
department, or by the member's own negligence, such disability 3,013
preventing the member from performing the member's official 3,015
duties as a member of the department and impairing the member's 3,016
earning capacity, shall receive annual disability benefits, 3,018
payable in twelve monthly installments, in an amount to be fixed 3,019
by the board. The board may increase or decrease the monthly 3,020
benefits whenever the impairment in the member's earning capacity 3,021
warrants an increase or decrease, but in no event shall a benefit 3,022
paid to the member exceed the greater of five thousand dollars or 3,024
an amount equal to a percentage of the member's average annual 3,025
salary. The percentage shall be the sum of two and one-half per 3,027
cent for each of the first twenty years the member was in the 3,028
active service of the department, plus two per cent for each of 3,030
the twenty-first to twenty-fifth years the member was in the 3,031
active service of the department, plus one and one-half per cent 3,033
for each year in excess of twenty-five years the member was in 3,034
the active service of the department, or sixty per cent of the 3,036
average annual salary, whichever is smaller. 3,037
(6) A member of the fund who has served fifteen or more 3,039
years as an active member of a police or fire department and who 3,040
voluntarily resigns or is discharged from the department for any 3,042
reason other than dishonesty, cowardice, intemperate habits, or 3,043
conviction of a felony, shall receive an annual pension, payable 3,044
70
in twelve monthly installments, in an amount equal to one and 3,045
one-half per cent of the member's average annual salary 3,046
multiplied by the number of full years the member was in the 3,048
active service of the department. The pension payments shall not 3,049
commence until the member has attained the age of forty-eight 3,051
years and until twenty-five years have elapsed from the date on 3,052
which the member became a full-time regular police officer or 3,054
firefighter in the department. 3,055
(7)(3) A member of the fund who has completed fifteen or 3,057
more years of active service in a police or fire department and 3,058
who has attained sixty-two years of age, may retire from the 3,059
department and, upon notifying the board in writing of the 3,060
election to retire, shall receive an annual pension, payable in 3,061
twelve monthly installments, in an amount equal to a percentage 3,062
of the member's average annual salary. The percentage shall be 3,064
the sum of two and one-half per cent for each of the first twenty
years the member was in the active service of the department, 3,066
plus two per cent for each of the twenty-first to twenty-fifth 3,068
years the member was in the active service of the department, 3,070
plus one and one-half per cent for each year in excess of 3,072
twenty-five years the member was in the active service of the 3,074
department. The annual pension shall not exceed seventy-two per 3,076
cent of the member's average annual salary. 3,077
(8) The board of trustees of the police and firemen's 3,079
disability and pension fund shall notify a member of its final 3,081
action awarding a disability benefit to the member within thirty 3,082
days of its final action. The notice shall be sent by certified 3,084
mail, return receipt requested. Not later than ninety days after 3,085
receipt of notice from the board, the member shall elect, on a 3,087
form provided by the board, either to accept or waive the
disability benefit award. If the member elects to waive the 3,088
disability benefit award or fails to make an election within the 3,090
time period, the award shall be rescinded. A member who later 3,091
seeks a disability benefit award shall be required to make a new 3,093
71
application, which shall be dealt with in accordance with the 3,094
procedure used for original disability benefit applications. 3,095
(4) With the exception of those persons who may make 3,097
application for increased benefits as provided in division (C)(3) 3,098
or (5) of this section or those persons who may make application 3,099
for benefits as provided in section 742.26 of the Revised Code, 3,100
no person receiving a pension or other benefit under division (C) 3,101
of this section on or after July 24, 1986, shall be entitled to 3,102
apply for any new, changed, or different benefit. 3,103
If a member covered by division (C) of this section OR 3,105
SECTION 742.38 OF THE REVISED CODE dies prior to the time the 3,107
member has received a payment and leaves a surviving spouse or 3,109
dependent child, the surviving spouse or dependent child shall 3,110
receive a pension under division (D) or (E) of this section. 3,111
A person is not eligible to apply for or receive disability 3,113
benefits under division (C)(2), (3), (4), or (5) of this section 3,114
unless the person is a member of the fund on the date on which 3,115
the application for disability benefits is submitted to the fund. 3,116
(D) A surviving spouse of a deceased member of the fund 3,118
shall receive a pension of four hundred ten dollars per month 3,119
during the natural life of the surviving spouse or until the 3,120
surviving spouse remarries, except that if the surviving spouse 3,122
remarries on or after the effective date of this amendment and at 3,123
the time of remarriage has attained age fifty-five, the pension 3,124
shall continue. A pension terminated under this division PRIOR 3,126
TO THE EFFECTIVE DATE OF THIS AMENDMENT due to remarriage shall 3,127
resume if either of the following is the case: 3,128
(1) The surviving spouse has attained age fifty-five at 3,130
the time of remarriage and the remarriage occurs on or after June 3,131
5, 1996;
(2) The remarriage is a first remarriage and it ceases 3,133
within two years due to divorce, annulment, dissolution, or 3,135
death.
(E) Each surviving child of a deceased member of the fund 3,137
72
shall receive a pension of one hundred eighteen dollars per month 3,138
until the child attains the age of eighteen years, or marries, 3,140
whichever event occurs first. Benefits under this division, 3,141
however, shall continue to be payable to a child under age 3,142
twenty-two who is a student in and attending an institution of 3,143
learning or training pursuant to a program designed to complete 3,144
in each school year the equivalent of at least two-thirds of the 3,145
full-time curriculum requirements of the institution, as 3,146
determined by the board of trustees of the police and firemen's 3,147
disability and pension fund. If any surviving child, regardless 3,149
of age at the time of the member's death, because of physical or 3,151
mental disability, is totally dependent upon the deceased member 3,153
for support at the time of decease, the child shall receive a 3,154
pension of one hundred eighteen dollars per month during the 3,155
child's natural life or until the child has recovered from the 3,157
disability.
(F) If a deceased member of the fund leaves no surviving 3,159
spouse or surviving children, but leaves two parents dependent 3,160
upon the deceased member for support, each parent shall be paid a 3,162
monthly pension of seventy-nine dollars. If there is only one 3,163
parent dependent upon the member for support, the parent shall be 3,165
paid a monthly pension of one hundred fifty-eight dollars. The 3,166
pensions provided for in this division shall be paid during the 3,167
natural life of the surviving parents, or until dependency 3,168
ceases, or until remarriage, whichever event occurs first. 3,169
(G) Subject to the provisions of section 742.461 of the 3,171
Revised Code, a member of the fund who voluntarily resigns or is 3,173
removed from active service in a police or fire department is 3,174
entitled to receive an amount equal to the sums deducted from the 3,175
member's salary and credited to the member's account in the fund, 3,176
except that a member receiving a disability benefit or service 3,177
pension is not entitled to receive any return of contributions to 3,178
the fund.
(H) On and after January 1, 1970, all pensions shall be 3,180
73
increased in accordance with the following provisions: 3,181
(1) A member of the fund who retired prior to January 1, 3,183
1967, has attained age sixty-five on January 1, 1970, and was 3,184
receiving a pension on December 31, 1969, pursuant to division 3,185
(B) or division (C)(1), (2), (3), (4), or (5) of this section OR 3,187
FORMER DIVISION (C)(2), (3), (4), OR (5) OF THIS SECTION, shall 3,188
have the pension increased by ten per cent.
(2) The monthly pension payable to eligible surviving 3,190
spouses under division (D) of this section shall be increased by 3,191
forty dollars for each surviving spouse receiving a pension on 3,192
December 31, 1969. 3,193
(3) The monthly pension payable to each eligible child 3,195
under division (E) of this section shall be increased by ten 3,196
dollars for each child receiving a pension on December 31, 1969. 3,197
(4) The monthly pension payable to each eligible dependent 3,199
parent under division (F) of this section shall be increased by 3,200
thirty dollars for each parent receiving a pension on December 3,201
31, 1969. 3,202
(5) A member of the fund, including a survivor of a 3,204
member, who is receiving a pension in accordance with the rules 3,205
governing the granting of pensions and benefits in force on April 3,206
1, 1947, that provide an increase in the original pension from 3,208
time to time pursuant to changes in the salaries of active 3,209
members, shall not be eligible for the benefits provided in this 3,210
division. 3,211
(I) On and after January 1, 1977, a member of the fund who 3,213
was receiving a pension or benefit on December 31, 1973, under 3,214
division (A), (B), (C)(1), (2), or (7) OR FORMER DIVISION (C)(2) 3,216
OR (7) of this section shall have the pension or benefit 3,217
increased as follows:
(1) If the member's annual pension or benefit is less than 3,219
two thousand seven hundred dollars, it shall be increased to 3,221
three thousand dollars. 3,222
(2) If the member's annual pension or benefit is two 3,224
74
thousand seven hundred dollars or more, it shall be increased by 3,226
three hundred dollars. 3,227
The following shall not be eligible to receive increased 3,229
pensions or benefits as provided in this division: 3,230
(a) A member of the fund who is receiving a pension or 3,232
benefit in accordance with the rules in force on April 1, 1947, 3,233
governing the granting of pensions and benefits, which provide an 3,234
increase in the original pension or benefit from time to time 3,235
pursuant to changes in the salaries of active members; 3,236
(b) A member of the fund who is receiving a pension or 3,238
benefit under division (A) or (B) of this section, based on 3,239
funded volunteer or funded part-time service, or off-duty 3,240
disability, or partial on-duty disability, or early vested 3,241
service; 3,242
(c) A member of the fund who is receiving a pension under 3,244
division (C)(1) of this section, based on funded volunteer or 3,245
funded part-time service. 3,246
(J) On and after July 1, 1977, a member of the fund who 3,248
was receiving an annual pension or benefit on December 31, 1973, 3,249
pursuant to division (B) of this section, based upon partial 3,250
disability, off-duty disability, or early vested service, or 3,251
pursuant to FORMER division (C)(3), (5), or (6) of this section, 3,252
shall have such annual pension or benefit increased by three 3,253
hundred dollars. 3,254
The following are not eligible to receive the increase 3,256
provided by this division: 3,257
(1) A member of the fund who is receiving a pension or 3,259
benefit in accordance with the rules in force on April 1, 1947, 3,260
governing the granting of pensions and benefits, which provide an 3,261
increase in the original pension or benefit from time to time 3,262
pursuant to changes in the salaries of active members; 3,263
(2) A member of the fund who is receiving a pension or 3,265
benefit under division (B), or (C)(2) OF THIS SECTION OR FORMER 3,267
division (C)(3), (5), or (6) of this section based on volunteer 3,268
75
or part-time service.
(K)(1) Except as otherwise provided in this division, 3,270
every person who on July 24, 1986, is receiving an age and 3,271
service or disability pension, allowance, or benefit pursuant to 3,272
this chapter in an amount less than thirteen thousand dollars a 3,273
year that is based upon an award made effective prior to February 3,274
28, 1984, shall receive an increase of six hundred dollars a year 3,275
or the amount necessary to increase the pension or benefit to 3,276
four thousand two hundred dollars after all adjustments required 3,277
by this section, whichever is greater. 3,278
(2) Division (K)(1) of this section does not apply to the 3,280
following: 3,281
(a) A member of the fund who is receiving a pension or 3,283
benefit in accordance with rules in force on April 1, 1947, that 3,284
govern the granting of pensions and benefits and that provide an 3,285
increase in the original pension or benefit from time to time 3,286
pursuant to changes in the salaries of active members; 3,287
(b) A member of the fund who is receiving a pension or 3,289
benefit based on funded volunteer or funded part-time service. 3,290
(L) On and after July 24, 1986: 3,292
(1) The pension of each person receiving a pension under 3,294
division (D) of this section on July 24, 1986, shall be increased 3,295
to three hundred ten dollars per month. 3,296
(2) The pension of each person receiving a pension under 3,298
division (E) of this section on July 24, 1986, shall be increased 3,299
to ninety-three dollars per month. 3,300
Sec. 742.371. (A) As used in this section, "lay off" has 3,309
the same meaning as in division (A) of section 742.27 of the 3,310
Revised Code. 3,311
(B) A member of the fund who has voluntarily resigned or 3,313
who voluntarily resigns or who has been or is removed from active 3,314
service in a police or fire department for any reason other than 3,315
a lay off that was involuntary, as certified pursuant to division 3,316
(C) of this section, and receives or has received from a police 3,317
76
relief and pension fund under division (I) of former section 3,318
741.49 of the Revised Code, or from a firemen's relief and 3,319
pension fund under division (I) of former section 741.18 of the 3,320
Revised Code, or from a township firemen's relief and pension 3,322
fund under division (I) of former section 521.11 of the Revised 3,323
Code, or from the police and firemen's disability and pension 3,325
fund under division (G) of section 742.37 of the Revised Code, an 3,326
amount equal to the sum deducted from his THE MEMBER'S salary and 3,328
credited to one of such funds shall, upon reinstatement to the
active service of such police or fire department, deposit with 3,330
the police and firemen's disability and pension fund an amount 3,332
equal to the sum so received by him THE MEMBER, with interest 3,333
compounded annually thereon, at a rate to be determined by the 3,335
board of trustees of the police and firemen's disability and 3,336
pension fund, from the date of such receipt to the date of such 3,337
deposit. The member may choose to purchase only part of such 3,338
credit in any one payment, subject to board rules. Such member 3,339
shall not be entitled to receive any pension or benefit payments 3,340
under division (B) or (C) of section 742.37 OR SECTION 742.39 of 3,341
the Revised Code until he THE MEMBER has made the deposit 3,343
required by this section.
(C) A member of the fund who has been or is removed from 3,345
active service in a police or fire department as a result of a 3,346
lay off that was involuntary, as certified pursuant to this 3,347
division, and receives or has received from a police relief and 3,348
pension fund under division (I) of former section 741.49 of the 3,349
Revised Code, or from a firemen's relief and pension fund under 3,350
division (I) of former section 741.18 of the Revised Code, or 3,351
from a township firemen's relief and pension fund under division 3,352
(I) of former section 521.11 of the Revised Code, or from the 3,353
police and firemen's disability and pension fund under division 3,354
(G) of section 742.37 of the Revised Code, an amount equal to the 3,355
sum deducted from his THE MEMBER'S salary and credited to one of 3,356
such funds may, upon reinstatement to the active service of such 3,358
77
police or fire department, deposit with the police and firemen's 3,359
disability and pension fund an amount equal to the sum so 3,360
received by him THE MEMBER, with interest compounded annually 3,361
thereon, at a rate to be determined by the board of trustees of 3,362
the police and firemen's disability and pension fund from the 3,363
date of such receipt to the date of such deposit. The member may 3,364
choose to purchase only part of such credit in any one payment, 3,365
subject to board rules.
If any police or fire department reinstates a member of the 3,367
fund who was removed from active service in that police or fire 3,368
department as a result of a lay off that was involuntary, the 3,369
police or fire department shall upon the request of that member 3,370
certify to the fund that the member was removed from active 3,371
service in that police or fire department as a result of a lay 3,372
off that was involuntary. 3,373
Sec. 742.372. A member of the fund who is in the active 3,382
service of a police department and is not receiving a pension or 3,383
benefit payment from the police and firemen's disability and 3,384
pension fund shall, in computing years of active service in such 3,385
department under division (C) of section 742.37 OR SECTION 742.39 3,387
of the Revised Code, be given credit for the time served in the 3,388
active service of another Ohio police or fire department, 3,389
provided both of the following occur: 3,390
(A) He THE MEMBER was a member of a police or firemen's 3,392
relief and pension fund or the police and firemen's disability 3,395
and pension fund during the full time for which such active 3,396
service credit is claimed. 3,397
(B) He THE MEMBER pays into the police and firemen's 3,399
disability and pension fund the amount received by him THE MEMBER 3,400
under division (I) of former section 521.11, division (I) of 3,402
former section 741.18, division (I) of former section 741.49, or 3,403
division (G) of section 742.37 of the Revised Code, with interest 3,404
compounded annually thereon at a rate to be determined by the 3,405
board of trustees of the police and firemen's disability and 3,406
78
pension fund, from the date of such receipt to the date of such 3,408
deposit, or there is to his THE MEMBER'S credit in the 3,409
policemen's contribution fund an amount equal to the sums 3,411
contributed by him THE MEMBER to such police or firemen's relief 3,412
and pension fund or to the police and firemen's disability and 3,413
pension fund for the full time for which such active service 3,415
credit is claimed.
Sec. 742.373. A member of the fund who is in the active 3,424
service of a fire department and is not receiving a pension or 3,425
benefit payment from the police and firemen's disability and 3,426
pension fund shall, in computing years of active service in such 3,427
department under division (C) of section 742.37 OR SECTION 742.39 3,429
of the Revised Code, be given credit for time served in the 3,430
active service of another Ohio police or fire department, 3,431
provided both of the following occur: 3,432
(A) He THE MEMBER was a member of a police or firemen's 3,434
relief and pension fund or the police and firemen's disability 3,435
and pension fund during the full time for which such active 3,436
service credit is claimed. 3,437
(B) He THE MEMBER pays into the police and firemen's 3,439
disability and pension fund the amount received by him THE MEMBER 3,440
under division (I) of former section 521.11, division (I) of 3,441
former section 741.18, division (I) of former section 741.49, or 3,442
division (G) of section 742.37 of the Revised Code, with compound 3,443
interest thereon at a rate to be determined by the board of 3,444
trustees of the police and firemen's disability and pension fund, 3,445
from the date of such receipt to the date of such deposit, or 3,446
there is to his THE MEMBER'S credit in the firemen's contribution 3,448
fund an amount equal to the sums contributed by him THE MEMBER to 3,450
such police or firemen's relief and pension fund or to the police 3,451
and firemen's disability and pension fund for the full time for 3,453
which such active service credit is claimed. A member may choose 3,454
to purchase only part of such credit in any one payment, subject 3,455
to board rules.
79
Sec. 742.374. On and after December 31, 1971, all persons 3,464
who retired and were eligible to receive a pension that was 3,465
payable prior to July 1, 1968, pursuant to division (B) of 3,466
section 742.37 of the Revised Code, and all persons who qualified 3,467
for a payment under divisions DIVISION (C)(1) to (5) of such 3,469
section OR DIVISION (C)(2), (3), (4), OR (5) OF FORMER SECTION 3,470
742.37 OF THE REVISED CODE prior to such date shall receive an 3,471
additional monthly payment of two dollars for each year between 3,472
the member's effective date of retirement or disability and 3,473
December 31, 1971, or an additional fifty dollars, whichever is 3,474
less.
This section does not apply to persons included under 3,476
division (H)(2) of section 742.37 of the Revised Code. 3,477
On or before the first day of August in each year, the 3,479
board of trustees of the police and firemen's disability and 3,481
pension fund shall certify to the treasurer of state the amount 3,482
required to be paid in the preceding fiscal year under this 3,483
section. Upon receipt of such certification, the treasurer of 3,484
state shall pay to the fund the amount certified. 3,485
Sec. 742.375. A member of the fund who is in the active 3,494
service of a police or fire department and is not receiving a 3,495
pension or benefit payment from the police and firemen's 3,496
disability and pension fund shall, in computing years of active 3,497
service in such department under division (C) of section 742.37 3,498
OR SECTION 742.39 of the Revised Code, be given full credit for 3,500
the time served in the state highway patrol retirement system, 3,501
provided such member pays into the police and firemen's 3,502
disability and pension fund the amount received by him THE MEMBER 3,503
under section 5505.19 of the Revised Code, with interest 3,505
compounded annually thereon at a rate to be determined by the 3,506
board from the date of such receipt to the date of such deposit. 3,507
The member may choose to purchase only part of such credit in any 3,508
one payment, subject to board rules.
Upon certification by the board of the police and firemen's 3,510
80
disability and pension fund to the board of the state highway 3,511
patrol retirement system of such payment by the member of the 3,512
fund, the state highway patrol retirement board shall pay from 3,513
the employer's accumulation fund under division (C) of section 3,514
5505.03 of the Revised Code to the police and firemen's 3,515
disability and pension fund an amount equal to the payment of the 3,516
member of the fund. 3,517
Sec. 742.376. A member of the fund who is in the active 3,526
service of a police or fire department and is not receiving a 3,527
pension or benefit payment from the police and firemen's 3,528
disability and pension fund shall, in computing years of active 3,529
service in such department under division (C) of section 742.37 3,530
OR SECTION 742.39 of the Revised Code, be given full credit for 3,531
service as a full-time policeman POLICE OFFICER or fireman 3,533
FIREFIGHTER, provided that all of the following occur: 3,535
(A) Such service was rendered prior to January 1, 1967. 3,537
(B) The municipal corporation or township, at the time 3,539
such service was rendered, had not established a police or 3,540
firemen's relief and pension fund to which the member could 3,542
otherwise have made pension contributions. 3,543
(C) The member was enrolled in the public employees 3,545
retirement system, contributed thereto, and has withdrawn his THE 3,546
MEMBER'S retirement contributions. 3,547
(D) The member pays into the police and firemen's 3,549
disability and pension fund the amount withdrawn by him THE 3,550
MEMBER from the public employees retirement system, with interest 3,551
compounded annually thereon at a rate to be determined by the 3,552
board from the date of such withdrawal to the date of deposit. 3,553
The member may choose to purchase only part of such credit in any 3,554
one payment, subject to board rules. 3,555
Purchase of such credit in the police and firemen's 3,557
disability and pension fund shall forever bar the member from 3,558
reinstating such credit in the public employees retirement 3,559
system. 3,560
81
Sec. 742.378. On and after December 19, 1973, all persons 3,569
who retired and were eligible to receive a pension that was first 3,570
payable on or after July 1, 1968, and prior to July 1, 1971, 3,571
pursuant to division (B) of section 742.37 of the Revised Code 3,572
and all persons who qualified for a payment under divisions 3,573
DIVISION (C)(1) to (5) of such section OR DIVISION (C)(2), (3), 3,574
(4), OR (5) OF FORMER SECTION 742.37 OF THE REVISED CODE shall 3,575
receive an additional monthly payment of two dollars for each 3,577
year between the member's effective date of retirement or
disability and July 1, 1973. 3,578
This section does not apply to persons included under 3,580
division (H)(2)(5) of section 742.37 of the Revised Code. 3,581
Sec. 742.379. (A) As used in this section: 3,590
(1) "Full-time service" has the meaning established by 3,592
rule of the board of trustees of the police and firemen's 3,593
disability and pension fund. 3,594
(2) "Qualified contributions" means contributions to the 3,596
public employees retirement system, SCHOOL EMPLOYEES RETIREMENT 3,597
SYSTEM, OR STATE TEACHERS RETIREMENT SYSTEM attributable to 3,598
full-time service or purchase of credit for service in the armed 3,599
forces of the United States. 3,600
(B) A member of IN COMPUTING THE PENSION AND BENEFITS 3,603
PAYABLE UNDER SECTION 742.37 OR 742.39 OF THE REVISED CODE, the 3,607
police and firemen's disability and pension fund SHALL GIVE A 3,608
MEMBER OF THE FUND who is in the active service of a police or 3,609
fire department and is not receiving a pension or benefit payment 3,610
from the fund shall, in computing years of active service in the 3,612
department under division (C) of section 742.37 of the Revised 3,613
Code, be given full credit for service credit earned for 3,614
full-time service as a member of the school employees retirement 3,615
system, state teachers retirement system, or Cincinnati 3,616
retirement system or purchased from a THE retirement system for 3,617
service in the armed forces of the United States if, for each 3,619
year of service credit, the member pays into the fund RECEIVES 3,620
82
the SUM OF THE FOLLOWING: 3,621
(1) AN amount, WHICH SHALL BE PAID BY THE MEMBER, EQUAL TO 3,623
THE AMOUNT withdrawn by the member from the retirement system 3,626
that is attributable to the year of service credit, with interest 3,627
compounded annually thereon at a rate to be determined by the 3,628
board IN ACCORDANCE WITH DIVISION (G) OF THIS SECTION from the 3,629
date of withdrawal to the date of payment; 3,630
(2) AN AMOUNT, WHICH SHALL BE PAID BY EITHER THE MEMBER OR 3,633
THE RETIREMENT SYSTEM, EQUAL TO THE LESSER OF THE AMOUNT
CONTRIBUTED BY THE EMPLOYER TO THE RETIREMENT SYSTEM FOR THE YEAR 3,635
OF SERVICE OR THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE 3,636
EMPLOYER FOR THE YEAR OF SERVICE HAD THE MEMBER BEEN A MEMBER OF 3,637
THE FUND;
(3) IF THE MEMBER BECAME A MEMBER OF THE FUND ON OR AFTER 3,639
THE EFFECTIVE DATE OF THIS AMENDMENT, THE AMOUNT, WHICH SHALL BE 3,640
PAID BY THE MEMBER, DETERMINED PURSUANT TO DIVISION (H) OF THIS 3,642
SECTION.
(C) A (1) IN COMPUTING THE PENSION AND BENEFITS PAYABLE 3,644
UNDER SECTION 742.37 OR 742.39 OF THE REVISED CODE, THE FUND 3,648
SHALL GIVE A member of the fund who is in the active service of a 3,649
police or fire department and, is not receiving a pension or 3,650
benefit payment from the fund shall, in computing years of active 3,651
service in the department under division (C) of section 742.37 of 3,652
the Revised Code, be given, AND HAS WITHDRAWN THE MEMBER'S 3,653
CONTRIBUTIONS FROM THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, SCHOOL 3,655
EMPLOYEES RETIREMENT SYSTEM, OR STATE TEACHERS RETIREMENT SYSTEM 3,656
full credit for service credit earned for full-time service as a 3,658
member of the public employees retirement system, SCHOOL 3,659
EMPLOYEES RETIREMENT SYSTEM, OR STATE TEACHERS RETIREMENT SYSTEM 3,660
or purchased from the ONE OF THOSE retirement system SYSTEMS for 3,661
service in the armed forces of the United States if one of the 3,662
following occurs: 3,663
(1) For, FOR each year of service, THE FUND RECEIVES THE 3,666
SUM OF THE FOLLOWING:
83
(a) AN AMOUNT, WHICH SHALL BE PAID BY the member pays into 3,669
the fund, EQUAL TO the amount withdrawn by the member from the 3,670
public employees FORMER retirement system that is attributable to 3,672
that year of service credit, with interest compounded annually 3,674
thereon at a rate to be determined by the board from the date of 3,675
withdrawal to the date of payment; 3,676
(b) AN AMOUNT, WHICH SHALL BE TRANSFERRED BY THE FORMER 3,679
RETIREMENT SYSTEM, EQUAL TO THE LESSER OF THE AMOUNT CONTRIBUTED 3,680
BY THE EMPLOYER TO THE RETIREMENT SYSTEM FOR THE YEAR OF SERVICE 3,681
OR THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER 3,682
FOR THE YEAR OF SERVICE HAD THE MEMBER BEEN A MEMBER OF THE FUND, 3,683
WITH INTEREST ON THE AMOUNT TRANSFERRED FROM THE DATE THE LAST 3,684
CONTRIBUTION WAS MADE TO THE DATE THE TRANSFER IS MADE. 3,685
(c) IF THE MEMBER BECAME A MEMBER OF THE FUND ON OR AFTER 3,688
THE EFFECTIVE DATE OF THIS AMENDMENT, THE AMOUNT, WHICH SHALL BE 3,689
PAID BY THE MEMBER, DETERMINED PURSUANT TO DIVISION (H) OF THIS 3,690
SECTION. 3,691
ON RECEIPT OF PAYMENT FROM THE MEMBER, THE FUND SHALL 3,693
NOTIFY THE FORMER RETIREMENT SYSTEM, AND ON RECEIPT OF THE 3,694
NOTICE, THE RETIREMENT SYSTEM SHALL MAKE THE TRANSFER. INTEREST 3,695
SHALL BE DETERMINED IN ACCORDANCE WITH DIVISION (G) OF THIS 3,697
SECTION.
(2) At the request of the member of the fund, the public 3,699
employees IN COMPUTING THE PENSION AND BENEFITS PAYABLE UNDER 3,701
SECTION 742.37 OR 742.39 OF THE REVISED CODE, THE FUND SHALL GIVE 3,704
A MEMBER OF THE FUND WHO IS IN THE ACTIVE SERVICE OF A POLICE OR 3,705
FIRE DEPARTMENT, IS NOT RECEIVING A PENSION OR BENEFIT FROM THE 3,706
FUND, AND HAS CONTRIBUTIONS ON DEPOSIT WITH THE PUBLIC EMPLOYEES 3,707
RETIREMENT SYSTEM, SCHOOL EMPLOYEES RETIREMENT SYSTEM, OR STATE 3,708
TEACHERS RETIREMENT SYSTEM FULL CREDIT FOR SERVICE CREDIT EARNED 3,709
FOR FULL-TIME SERVICE AS MEMBER OF ONE OF THOSE RETIREMENT 3,710
SYSTEMS OR PURCHASED FROM ONE OF THE RETIREMENT SYSTEMS FOR 3,711
SERVICE IN THE ARMED FORCES OF THE UNITED STATES IF THE FOLLOWING 3,713
OCCUR: 3,714
84
(a) THE retirement system transfers to the fund an THE SUM 3,717
OF THE FOLLOWING: 3,718
(i) AN amount equal to the member's qualified 3,721
contributions with interest compounded annually thereon for the 3,722
period from the date that the last such contribution was made to 3,723
the date the payment is made. The interest shall be at the 3,724
actuarial assumption rate of the system at the time the transfer 3,725
is made;
(ii) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 3,728
QUALIFIED CONTRIBUTIONS TO THE RETIREMENT SYSTEM OR THE AMOUNT 3,729
THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE 3,730
FULL-TIME SERVICE HAD THE MEMBER BEEN A MEMBER OF THE FUND; 3,731
(iii) INTEREST, DETERMINED IN ACCORDANCE WITH DIVISION (G) 3,734
OF THIS SECTION, ON THE AMOUNTS SPECIFIED IN DIVISIONS 3,736
(C)(2)(a)(i) AND (ii) OF THIS SECTION FROM THE DATE THE LAST 3,738
CONTRIBUTION WAS MADE UNDER CHAPTER 145., 3307., OR 3309. OF THE 3,741
REVISED CODE TO THE DATE THE TRANSFER IS MADE. 3,743
(b) IF THE MEMBER BECAME A MEMBER OF THE FUND ON OR AFTER 3,746
THE EFFECTIVE DATE OF THIS AMENDMENT, THE MEMBER PAYS THE AMOUNT 3,747
DETERMINED PURSUANT TO DIVISION (H) OF THIS SECTION. 3,748
ON RECEIPT OF A REQUEST FROM THE MEMBER, THE APPROPRIATE 3,751
RETIREMENT SYSTEM SHALL MAKE THE TRANSFER SPECIFIED IN DIVISION 3,753
(C)(2)(a) OF THIS SECTION. INTEREST SHALL BE DETERMINED IN 3,754
ACCORDANCE WITH DIVISION (G) OF THIS SECTION. 3,756
(D) Subject to board rules, a member of the fund may 3,758
choose to purchase in any one payment only part of the credit the 3,759
member is eligible to purchase under division (B) or (C)(1) of 3,761
this section. 3,762
(E) At the request of the fund, the public employees 3,764
retirement system, school employees retirement system, state 3,765
teachers retirement system, or Cincinnati retirement system shall 3,766
certify to the fund a copy of the records of the service, SALARY, 3,768
and contributions of a member of the fund who seeks service 3,769
credit under this section. 3,770
85
(F) A member OF THE FUND is ineligible to receive credit 3,772
under this section for service that is used in the calculation of 3,773
any retirement benefit currently being paid or payable in the 3,774
future to the member, or service rendered concurrently with any 3,775
other period for which service credit has already been granted. 3,776
(G) The INTEREST CHARGED FOR ANY SERVICE CREDIT OBTAINED 3,779
UNDER THIS SECTION SHALL BE CALCULATED SEPARATELY FOR EACH YEAR 3,780
OF SERVICE CREDIT AT THE LESSER OF THE ACTUARIAL ASSUMPTION RATE 3,781
FOR THAT YEAR OF THE FUND OR OF THE RETIREMENT SYSTEM IN WHICH 3,782
THE CREDIT WAS EARNED. THE INTEREST SHALL BE COMPOUNDED 3,783
ANNUALLY. 3,784
THE board may, by rule, establish procedures for the 3,786
receipt of service credit under this section. 3,787
(H) THE AMOUNT TO BE PAID PURSUANT TO DIVISION (B)(3), 3,791
(C)(1)(c), OR (C)(2)(b) OF THIS SECTION IS THE SUM OF THE 3,794
FOLLOWING:
(1) AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE AMOUNT 3,797
THE MEMBER PAID AS EMPLOYEE CONTRIBUTIONS FOR THE SERVICE AND THE 3,798
AMOUNT THE MEMBER WOULD HAVE PAID AS A MEMBER OF THE FUND; 3,799
(2) AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE AMOUNT 3,802
PAID OR TRANSFERRED UNDER DIVISION (B)(2), (C)(1)(b), OR 3,804
(C)(2)(a)(ii) OF THIS SECTION AND THE AMOUNT THAT WOULD HAVE BEEN 3,805
CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE HAD THE MEMBER BEEN A 3,806
MEMBER OF THE FUND; 3,807
(3) INTEREST, DETERMINED IN ACCORDANCE WITH DIVISION (G) 3,810
OF THIS SECTION, ON THE AMOUNTS SPECIFIED IN DIVISIONS (H)(1) AND 3,813
(2) OF THIS SECTION.
AT THE REQUEST OF A MEMBER, IN LIEU OF REQUIRING PAYMENT OF 3,816
ALL OR PART OF THE AMOUNT DETERMINED UNDER THIS DIVISION THE FUND 3,817
MAY GRANT THE MEMBER AN AMOUNT OF SERVICE CREDIT UNDER DIVISION 3,818
(B) OR (C)(1) OR (2) OF THIS SECTION THAT IS LESS THAN THE AMOUNT 3,820
FOR WHICH THE MEMBER IS ELIGIBLE. THE SERVICE CREDIT GRANTED 3,821
SHALL BE THE SAME PERCENTAGE OF THE SERVICE CREDIT FOR WHICH THE 3,822
MEMBER IS ELIGIBLE THAT THE AMOUNT THE FUND RECEIVES UNDER 3,823
86
DIVISION (B) OR (C)(1) OR (2) OF THIS SECTION IS OF THE TOTAL 3,825
AMOUNT IT WOULD RECEIVE UNDER THOSE DIVISIONS IF THE FULL AMOUNT 3,826
DETERMINED UNDER THIS DIVISION WAS PAID. 3,827
(I) If a MEMBER OR former member of the fund who IS NOT A 3,829
CURRENT CONTRIBUTOR AND has not received a refund of accumulated 3,831
contributions elects to receive credit under section 145.295, 3,832
3307.412, OR 3309.351 of the Revised Code for service for which 3,834
the member contributed to the fund or purchased credit for
service in the armed forces of the United States, the fund shall 3,835
transfer to the public employees retirement system an, SCHOOL 3,837
EMPLOYEES RETIREMENT SYSTEM, OR STATE TEACHERS RETIREMENT SYSTEM 3,838
THE amount equal to the member's accumulated contributions and 3,840
payments for credit for service in the armed forces of the United 3,841
States with interest compounded annually thereon from the date 3,843
the last contribution was made to the date the transfer is made. 3,845
The interest shall be at the actuarial assumption rate of the 3,846
fund at the time the transfer is made. 3,847
(I)(1) If a former member of the fund who has received a 3,849
refund pursuant to division (I) of former section 521.11, 741.18, 3,851
or 741.49 of the Revised Code or division (G) of section 742.37 3,852
of the Revised Code elects to receive credit under section 3,853
145.295 of the Revised Code for service for which the former 3,854
member contributed to the fund or purchased credit for service in 3,855
the armed forces of the United States, the former member shall 3,857
repay the fund the amount refunded, with interest compounded 3,859
annually thereon as follows: 3,861
(a) From the date of the refund to the date of the 3,863
repayment to the fund in the case of a former member who had not 3,864
purchased credit for the service under former division (A)(1) of 3,866
section 145.295 of the Revised Code as it existed before August 3,868
25, 1995;
(b) In the case of a former member who had used the entire 3,870
amount of the refund to purchase credit for the service under 3,872
former division (A)(1) of section 145.295 of the Revised Code as 3,873
87
it existed before August 25, 1995, from the date of the refund to 3,874
the date of such purchase; 3,875
(c) In the case of a former member who had purchased 3,877
credit for the service under former division (A)(1) of section 3,879
145.295 of the Revised Code, as it existed before August 25, 3,881
1995, using only a portion of the refund amount, from the date of 3,882
the refund to the date of the purchase for the portion of the 3,883
refund used for that purchase and from the date of the refund to 3,884
the date of repayment under division (I)(1) of this section for 3,886
the portion of the refund not used for that purchase.
The interest shall be at the actuarial assumption rate of 3,889
the fund at the time of repayment or purchase, as applicable. 3,890
(2) Upon receipt of the repayment, the fund shall 3,892
immediately transfer to the public employees retirement system an 3,894
amount equal to the former member's accumulated contributions and 3,896
payments for credit for service in the armed forces of the United 3,897
States, with interest compounded annually thereon as follows: 3,899
(a) From the date the last contribution was made to the 3,902
police and firemen's disability and pension fund to the date the 3,903
transfer is made in the case of a former member who had not 3,904
purchased credit for the service under former division (A)(1) of 3,905
section 145.295 of the Revised Code as it existed before August
25, 1995; 3,906
(b) In the case of a former member who had used the entire 3,908
amount of the refund to purchase credit for the service under 3,910
former division (A)(1) of section 145.295 of the Revised Code as 3,911
it existed before August 25, 1995, from the date the last 3,912
contribution was made to the police and firemen's disability and 3,913
pension fund to the date of such purchase; 3,914
(c) In the case of a former member who had purchased 3,916
credit for the service under former division (A)(1) of section 3,918
145.295 of the Revised Code, as it existed before August 25, 3,920
1995, using only a portion of the refund amount, from the date 3,921
the last contribution was made to the police and firemen's 3,922
88
disability and pension fund to the date of the purchase for the
portion of the refund used for that purchase and from the date 3,923
the last contribution was made to the date of transfer for the 3,925
portion of the refund not used for that purchase.
The interest shall be at the actuarial assumption rate of 3,928
the fund at the time of transfer or at the time of purchase under 3,930
that former division, as applicable.
The fund shall certify to the public employees retirement 3,933
system a copy of the records of the former member's service and 3,934
contributions. 3,935
A former member of the fund who makes the repayment 3,937
required under this division does not thereby become a member of 3,939
the fund or have any of the rights, privileges, or obligations of 3,940
membership SPECIFIED IN DIVISION (A) OF SECTION 145.295 OF THE 3,943
REVISED CODE, DIVISION (A) OF SECTION 3307.412 OF THE REVISED 3,945
CODE, OR DIVISION (A) OF SECTION 3309.351 OF THE REVISED CODE. 3,947
Sec. 742.3711. (A) On application for retirement as 3,956
provided in section 742.37 of the Revised Code, a member of the 3,957
fund may elect to receive a retirement allowance payable 3,958
throughout the member's life, or may elect, on a form provided by 3,961
the board, to receive the actuarial equivalent of the member's 3,962
retirement allowance in a lesser amount payable for life and 3,964
continuing after death to a surviving designated beneficiary 3,965
under one of the following optional plans, provided the amount 3,966
payable to the beneficiary shall not exceed the amount payable to 3,967
the retiring member of the fund, and is certified by the actuary 3,968
engaged by the board to be the actuarial equivalent of the 3,969
member's retirement allowance and is approved by the board. 3,971
(1) Option 1. The member's lesser retirement allowance 3,973
shall be paid for life to the sole beneficiary designated at the 3,975
time of the member's retirement. 3,976
(2) Option 2. One-half or some other portion of the 3,978
member's lesser retirement allowance shall be paid for life to 3,980
the sole beneficiary designated at the time of the member's 3,982
89
retirement. 3,983
(3) Option 3. Upon the member's death before the 3,985
expiration of a certain period from the retirement date and 3,987
elected by the member and approved by the retirement board, the 3,989
member's lesser retirement allowance shall be continued for the 3,990
remainder of that period to the beneficiary the member has 3,992
nominated by written designation and filed with the retirement 3,994
board.
Should the nominated beneficiary designated in writing 3,996
become deceased prior to the expiration of the guarantee period, 3,997
then for the purpose of completing payment for the remainder of 3,998
the guarantee period, the present value of such payments shall be 3,999
paid to the estate of the beneficiary last receiving. 4,000
(B)(1) On or after February 28, 1980, the death of a 4,002
spouse nominated as beneficiary or the death of any other 4,003
nominated beneficiary following retirement shall cancel any 4,004
optional plan of payment to provide continuing lifetime benefits 4,005
to such nominated beneficiary and return the member of the fund 4,006
to the member's single lifetime benefit equivalent, as determined 4,008
by the board, to be effective the month following receipt by the 4,009
board of notice of the death. 4,010
(2) On divorce, annulment, or marriage dissolution, a 4,012
member receiving a retirement allowance under a plan that 4,013
provides for continuation of all or part of the allowance after 4,014
death for the lifetime of the member's surviving spouse may, with 4,016
the written consent of the spouse or pursuant to an order of the 4,017
court with jurisdiction over the termination of the marriage, 4,018
elect to cancel the plan and receive the member's single lifetime 4,020
benefit equivalent as determined by the retirement board. The 4,021
election shall be made on a form provided by the board and shall 4,022
be effective the month following its receipt by the board. 4,023
(C) Following marriage or remarriage, a member of the fund 4,025
may elect NOT LATER THAN ONE YEAR AFTER THE DATE OF MARRIAGE OR 4,026
REMARRIAGE a new optional plan of payment based on the actuarial 4,027
90
equivalent of the member's single lifetime benefit as determined 4,029
by the board. The plan shall become effective the first day of 4,030
the month following an application of ON THE DATE THE ELECTION IS 4,031
MADE ON a form approved by the board AND PAYMENT SHALL COMMENCE 4,032
ON THE FIRST DAY OF THE MONTH FOLLOWING THE ELECTION. 4,033
(D) Unless one of the following occurs, an application for 4,035
retirement by a married person shall be considered an election of 4,036
a benefit under option 2 as provided for in division (A)(2) of 4,037
this section under which one-half of the lesser retirement 4,038
allowance payable during the life of the retirant will be paid 4,039
after death to the retirant's spouse for life as sole 4,041
beneficiary:
(1) The retirant selects an optional plan under division 4,043
(A) of this section providing for payment after death to the 4,045
retirant's spouse for life as sole beneficiary of more than 4,046
one-half of the lesser retirement allowance payable during the 4,047
life of the retirant; 4,048
(2) The retirant submits to the retirement board a written 4,050
statement signed by the spouse attesting that the spouse is aware 4,051
that the retirant has elected to receive a single lifetime 4,052
retirement allowance or a payment under an optional benefit plan 4,053
under which after the death of the retirant the surviving spouse 4,054
will receive less than one-half of the lesser retirement 4,055
allowance payable during the life of the retirant. 4,056
If the retirant does not select an optional plan as 4,058
described in division (D)(1) of this section and the board does 4,059
not receive the written statement provided for in division (D)(2) 4,060
of this section, it shall determine and pay the retirement 4,061
allowance in accordance with division (A)(2) of this section, 4,062
except that the board may provide by rule for waiver by the board 4,063
of the statement and payment of the allowance other than in 4,064
accordance with division (A)(2) of this section if the retirant 4,065
is unable to obtain the statement due to absence or incapacity of 4,066
the spouse or other cause specified by the board. 4,067
91
(E) A member of the fund who has elected an optional plan 4,069
under this section or section 742.3715 of the Revised Code may, 4,070
with the consent of the designated beneficiary, cancel the 4,071
optional plan and receive the retirement allowance payable 4,072
throughout life the member would have received had the member not 4,074
elected the optional plan, if the member makes a request to 4,075
cancel the optional plan not later than one year after the later 4,077
of September 9, 1988, or the date on which the member first 4,078
receives a payment under this section or section 742.3715 of the 4,079
Revised Code. Cancellation of the optional plan shall be 4,080
effective the month after acceptance of the request by the 4,081
trustees of the fund. No payment or adjustment shall be made in 4,082
the retirement allowance payable throughout the member's life to 4,083
compensate for the lesser allowance the member received under the 4,084
optional plan.
The request to cancel the optional plan shall be made on a 4,086
form provided by the fund and shall be valid only if the 4,087
completed form includes a signed statement of the designated 4,088
beneficiary's understanding of and consent to the cancellation. 4,089
The signature shall be verified by the trustees of the fund prior 4,090
to their acceptance of the cancellation. 4,091
(F) Any option elected and payments made under this 4,093
section shall be in addition to any benefit payable under 4,094
divisions (D), (E), and (F) of section 742.37 of the Revised 4,095
Code. 4,096
(G)(1) Except as otherwise provided in this division, a 4,098
person is eligible to receive an additional benefit under this 4,099
division if the person is receiving a retirement allowance or 4,100
benefit under an optional plan elected under this section or 4,102
section 742.3715 of the Revised Code based on an award made prior 4,103
to July 24, 1986, and it is the case that, had the member who 4,104
elected the optional plan elected instead to receive a retirement 4,105
allowance payable throughout the member's life, the amount of 4,106
that retirement allowance would be less than the amount specified 4,108
92
in division (G)(2) of this section. A person is not eligible to 4,109
receive an additional benefit under this section if the person is 4,110
receiving a pension or benefit in accordance with rules in force 4,112
on April 1, 1947, that govern the granting of pensions and 4,113
benefits and that provide an increase in the original pension or 4,114
benefit from time to time pursuant to changes in the salaries of 4,115
active members.
(2) In 1988, the amount used to determine eligibility 4,117
under division (G)(1) of this section shall be eighteen thousand 4,118
dollars. Each year thereafter, the amount shall be the prior 4,119
year's amount plus five hundred dollars. 4,120
(3) On or before the fifteenth day of April of each year, 4,122
the board of trustees of the police and firemen's disability and 4,123
pension fund shall determine the average percentage change in the 4,124
consumer price index prepared by the United States bureau of 4,125
labor statistics (U.S. city average for urban wage earners and 4,126
clerical workers: "all items 1982-84=100") for the twelve-month 4,127
period prior to the first day of January over the next preceding 4,128
twelve-calendar-month period, as reported by the bureau. On a 4,129
determination by the board that this change is an increase or 4,131
that the change plus the accumulation described in division 4,133
(G)(3) of this section is an increase, the board shall increase 4,134
all benefits payable under this section or section 742.3715 of 4,135
the Revised Code to eligible persons by the actuarial equivalent 4,136
of an amount determined by multiplying twelve thousand dollars by 4,138
the percentage of the increase in the consumer price index, or 4,139
that percentage plus the accumulation, except that the percentage 4,140
shall not exceed three per cent and no benefit shall exceed the 4,141
limit established by section 415 of the "Internal Revenue Code of 4,142
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 4,143
Any percentage of change in the consumer price index in any 4,145
year that is in excess of three per cent shall be accumulated and 4,146
used to determine increases under this section in succeeding 4,148
years. Any percentage of change in the consumer price index 4,149
93
accumulated by an eligible person prior to the effective date of 4,150
this amendment SEPTEMBER 27, 1996, shall be used in determining 4,152
any future increases under this section. The first additional 4,153
benefit is payable to all eligible persons on July 1, 1988. The 4,154
additional benefit is payable for the ensuing twelve-month period 4,155
or until the next increase is granted under this section, 4,156
whichever is later.
The date of the first additional benefit payable under this 4,158
section shall be the anniversary date for future additional 4,159
benefits. 4,160
Sec. 742.3713. (A) On and after the effective date of 4,170
this section NOVEMBER 15, 1981, a member of the police and 4,172
firemen's disability and pension fund who is receiving a pension 4,173
or benefit effective prior to February 28, 1980 under either 4,174
division (A), (B), or (C)(1) to (7) of section 742.37 OR DIVISION 4,175
(C)(2), (3), (4), OR (5) OF FORMER SECTION 742.37 of the Revised 4,176
Code shall have such pension or benefit increased by forty-six 4,177
dollars.
The following are not eligible to receive the increase 4,179
provided by this division: 4,180
(1) A member of the fund who is receiving a pension or 4,182
benefit in accordance with the rules in force on April 1, 1947, 4,183
governing the granting of pensions and benefits, which provide an 4,184
increase in the original pension or benefit from time to time 4,185
pursuant to changes in the salaries of active members; 4,186
(2) A member of the fund who is receiving a pension or 4,188
benefit under division (A), (B), or (C) of section 742.37 of the 4,189
Revised Code based on volunteer or part-time service. 4,190
(B) Each surviving spouse who on the effective date of 4,192
this section NOVEMBER 15, 1981, is receiving a pension pursuant 4,194
to division (D) of section 742.37 of the Revised Code as it was 4,195
in effect prior to the effective date of this section SUCH DATE 4,196
shall have the monthly pension increased forty-six dollars.
Sec. 742.3714. As used in this section, "contingent 4,205
94
dependent beneficiary" means a person so designated pursuant to 4,206
this section by a member or former member of the police and 4,207
firemen's disability and pension fund. 4,208
Prior to retiring under section 742.37 of the Revised Code, 4,210
a member or former member of the fund who is, or within twelve 4,211
months will be, eligible to retire and receive a pension or 4,212
benefit under division (C)(1) or (7)(3) of section 742.37 of the 4,214
Revised Code may designate one dependent, not his THE MEMBER'S OR 4,215
FORMER MEMBER'S spouse, as his THE contingent dependent 4,216
beneficiary. The determination of what constitutes a dependent 4,218
for the purposes of this section shall be made by the board of 4,219
trustees of the fund in accordance with rules adopted pursuant to 4,220
this section. The designation shall be made on a form provided 4,221
by the board and shall be filed with the board. The designation 4,222
may be changed or withdrawn in accordance with rules adopted by 4,223
the board pursuant to this section. The designation shall be 4,224
used only for the purposes of this section and shall cease to 4,225
have effect if the member or former member retires under section 4,226
742.37 of the Revised Code, or dies prior to retirement and is 4,227
survived by his A spouse. The board shall annually inform 4,228
members and eligible former members of the fund of the right to 4,229
designate a contingent dependent beneficiary under this section. 4,230
In addition to any other pension, allowance, or benefit 4,232
payable under this chapter, the surviving spouse of a deceased 4,233
member or former member of the fund who at the time of his THE 4,234
MEMBER'S OR FORMER MEMBER'S death was eligible to retire and 4,235
receive a pension or benefit under division (C)(1) or (7)(3) of 4,237
section 742.37 of the Revised Code, but had not retired, shall 4,239
receive an annual retirement allowance under this section, 4,240
payable in twelve monthly installments. If on the date of death 4,241
of the member or former member there is no surviving spouse, the 4,242
allowance shall be paid to the contingent dependent beneficiary. 4,243
If on such date there is no surviving spouse and no person 4,244
designated as a contingent dependent beneficiary who is 4,245
95
determined by the board of trustees to be a dependent of the 4,246
member or former member, no allowance or benefit shall be paid 4,247
under this section.
The allowance paid under this section shall be an amount 4,249
equal to the amount the surviving spouse or contingent dependent 4,250
beneficiary would have been entitled to receive had the member or 4,251
former member retired effective the day following the date of 4,252
death having selected an option 2 plan under division (A)(2) of 4,253
section 742.3711 of the Revised Code providing for one-half of 4,254
his THE MEMBER'S OR FORMER MEMBER'S lesser retirement allowance 4,255
to be paid to the surviving spouse or contingent dependent 4,257
beneficiary. Payments under this section are payable effective 4,258
the first day of the first month following the death of the 4,259
member or former member of the fund.
Sec. 742.3715. (A) A member of the police and firemen's 4,268
disability and pension fund who retired under section 742.37 of 4,269
the Revised Code before February 28, 1980, may elect to receive 4,270
the actuarial equivalent of his THE MEMBER'S retirement allowance 4,272
in a lesser amount payable for the remainder of his THE MEMBER'S 4,273
life and continuing after his death to his THE MEMBER'S spouse 4,274
under one of the optional plans described under division (A)(1) 4,276
or (2) of section 742.3711 of the Revised Code, provided the 4,277
amount payable under the optional plan elected is certified by 4,278
the actuary engaged by the board to be the actuarial equivalent 4,279
of his THE MEMBER'S retirement allowance and is approved by the 4,281
board. The election shall be made as follows:
(1) Not later than ninety days after September 26, 1984, 4,283
the member shall file with the board of trustees of the police 4,284
and firemen's disability and pension fund a notice that he THE 4,286
MEMBER wishes to be eligible to make the election authorized by 4,287
this section. The board shall advise the member with respect to 4,288
the choices available under the optional plans and have a 4,289
determination made of the monthly benefits payable under the 4,290
optional plan elected by the member for inclusion in the 4,291
96
statement to be filed under division (B) of this section. 4,292
(2) Not later than one year after September 26, 1984, the 4,294
member shall file a statement, on a form provided by the board, 4,295
that he THE MEMBER elects to receive benefits under the optional 4,296
benefit plan specified in the statement. 4,298
A request or form that is mailed to the board shall be 4,300
considered to have been filed on its postmark date. 4,301
(B)(1) The death of the member's spouse shall cancel any 4,303
plan elected pursuant to this section and return the member to 4,304
his THE MEMBER'S single lifetime benefit equivalent, as 4,305
determined by the board, to be effective the month following 4,307
receipt by the board of notice of the death. 4,308
(2) On divorce, annulment, or marriage dissolution, a 4,310
member receiving a retirement allowance under a plan that 4,311
provides for continuation of all or part of the allowance after 4,312
his death for the lifetime of his THE MEMBER'S surviving spouse 4,314
may, with the written consent of the spouse or pursuant to an 4,315
order of the court with jurisdiction over the termination of the 4,316
marriage, elect to cancel the plan and receive his THE MEMBER'S 4,317
single lifetime benefit equivalent as determined by the 4,319
retirement board. The election shall be made on a form provided 4,320
by the board and shall be effective the month following its 4,321
receipt by the board.
(C) If the member remarries after cancellation under 4,323
division (B)(1) or (2) of this section of an optional plan, he 4,324
THE MEMBER may elect NOT LATER THAN ONE YEAR AFTER THE DATE OF 4,325
REMARRIAGE a new optional plan based on the acturial equivalent 4,326
of his THE MEMBER'S single lifetime benefit as determined by the 4,327
board. Such THE plan shall become effective ON the first day 4,329
DATE of the month following approval by the board AND PAYMENT 4,331
SHALL COMMENCE ON THE FIRST DAY OF THE MONTH FOLLOWING BOARD 4,332
APPROVAL.
(D) Any option elected and payments made under this 4,334
section shall be in addition to any benefit payable under 4,335
97
division (D) of section 742.37 of the Revised Code. 4,336
Sec. 742.3716. (A) As used in this section: 4,345
(1) "Eligible person" means a person who meets all of the 4,347
following conditions: 4,348
(a) Has been receiving a pension or benefit under this 4,350
chapter for one year or more based on an award made on or after 4,351
July 24, 1986; 4,352
(b) Has not made the election provided for in division (B) 4,354
of this section; 4,355
(c) Is not the spouse or survivor of a person who has made 4,357
the election provided for in division (B) of this section; 4,358
(d) Is receiving a benefit in accordance with division 4,360
(A), (B), or (C)(1) to (7) of section 742.37 or, DIVISION (C)(2), 4,362
(3), (4), OR (5) OF FORMER SECTION 742.37, section 742.3711, OR 4,363
SECTION 742.39 of the Revised Code. 4,364
(2) "Recalculated average annual salary" means the highest 4,366
average annual compensation of a member of the police and 4,367
firemen's disability and pension fund during any three years of 4,368
contributions, including amounts included in terminal pay 4,369
attributable to such three years, determined by dividing the 4,370
member's total earnings as an employee during such years by 4,371
three. 4,372
(B)(1) Notwithstanding section 742.37 OR 742.39 of the 4,374
Revised Code, a member of the fund who is not receiving a pension 4,376
or benefit under this chapter and who on January 1, 1989, has 4,377
completed fifteen or more years of active service in a police or 4,378
fire department may elect to have any future benefit or pension 4,379
paid to the member or the member's spouse or survivors under this 4,381
chapter calculated on the basis of the member's recalculated 4,382
average annual salary rather than the member's average annual 4,384
salary. The election shall be made by the member prior to or at 4,386
the time of making an election under section 742.3711 of the 4,387
Revised Code.
(2) If the member eligible to make the election under 4,389
98
division (B)(1) of this section dies prior to making the election 4,390
and at the time of death is eligible to retire and receive a 4,391
pension or benefit under division (C)(1) or (7)(3) of section 4,392
742.37 of the Revised Code, the person entitled to receive a 4,394
benefit under section 742.3714 of the Revised Code may make the 4,395
election provided for in division (B)(1) of this section. 4,396
(3) The election under division (B)(1) or (2) of this 4,398
section shall be made on forms provided by the trustees of the 4,399
fund. Once received by the fund, the election shall be 4,400
irrevocable and shall bind the member and any other person who 4,401
receives a pension or benefit based on the member's service. No 4,402
person who receives a pension or benefit calculated in accordance 4,403
with division (B) of this section is eligible to receive a 4,404
cost-of-living allowance under this section. If the person 4,405
making the election receives a benefit under section 742.3714 of 4,406
the Revised Code, that person is not eligible to receive a 4,407
cost-of-living allowance under section 742.3711 of the Revised 4,408
Code. 4,409
(C)(1) On or before the fifteenth of April of each year, 4,411
the board of trustees of the police and firemen's disability and 4,412
pension fund shall determine the average percentage change in the 4,413
consumer price index prepared by the United States bureau of 4,414
labor statistics (U.S. City Average for Urban Wage Earners and 4,415
Clerical Workers: "All Items 1982-84=100") for the twelve-month 4,416
period prior to the first day of January over the next preceding 4,417
twelve-calendar-month period, as reported by the bureau. Upon a 4,418
determination by the board that such change is an increase or 4,421
that the change plus the accumulation described in division 4,422
(C)(2) of this section is an increase, the board shall increase 4,423
all benefits payable to eligible persons by a percentage equal to 4,424
the percentage increase in the consumer price index or to that 4,425
increase plus the accumulation, except that the increase shall 4,426
not exceed three per cent and no benefit shall exceed the limit 4,428
established by section 415 of the "Internal Revenue Code of 4,429
99
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 4,430
(2) Any percentage of change in the consumer price index 4,431
in any year that is in excess of three per cent shall be 4,433
accumulated and used to determine increases under this section in 4,435
succeeding years. Any percentage of change in the consumer 4,436
price index accumulated by an eligible person prior to the 4,437
effective date of this amendment SEPTEMBER 27, 1996, shall be 4,438
used in determining any future increases under this section. The 4,439
first additional benefit is payable to all eligible persons who 4,441
on July 1, 1988, have been receiving a pension or benefit for 4,442
twelve months or longer. The additional benefit is payable for 4,443
the ensuing twelve-month period or until the next increase is 4,444
granted under this section, whichever is later.
The date of the first additional benefit paid under this 4,446
section shall be the anniversary date for future additional 4,447
benefits. The pension or benefit used in the first calculation 4,448
of an additional benefit under this section shall remain as the 4,449
base for all future additional benefits paid under this section, 4,450
unless a new base is established by law. 4,451
(3) Additional benefits paid in years subsequent to the 4,453
year of the first additional benefit paid under this section 4,454
shall be paid to all eligible persons who, on the date that the 4,455
additional benefit is authorized by the board, have been 4,456
receiving a pension or benefit for twelve months. 4,457
Sec. 742.3717. (A)(1) Except as provided in division 4,467
(A)(2) of this section, as used in this section, "eligible 4,468
retirant" means a person who meets all of the following 4,469
conditions:
(a) The person is receiving an annual pension or benefit 4,471
under division (A), (B), or (C)(1) to (7) of section 742.37 OR 4,472
DIVISION (C)(2), (3), (4), OR (5) OF FORMER SECTION 742.37, of 4,474
the Revised Code based on an award made prior to July 24, 1986. 4,475
(b) The person has not elected under section 742.3711 of 4,477
the Revised Code to receive a retirement allowance under an 4,478
100
optional benefit plan. 4,479
(c) The amount of the annual pension or benefit is less 4,481
than the amount specified in division (B) of this section. 4,482
(2) A person is not an eligible retirant if the person is 4,484
receiving a pension or benefit in accordance with rules in force 4,485
on April 1, 1947, that govern the granting of pensions and 4,486
benefits and that provide an increase in the original pension or 4,487
benefit from time to time pursuant to changes in the salaries of 4,488
active members. 4,489
(B) In 1988, the amount used to determine eligibility 4,491
under division (A)(1)(c) of this section shall be eighteen 4,492
thousand dollars. Each year thereafter, the amount shall be the 4,493
prior year's amount plus five hundred dollars. 4,494
(C)(1) On or before the fifteenth day of April of each 4,496
year, the board of trustees of the police and firemen's 4,497
disability and pension fund shall determine the average 4,498
percentage change in the consumer price index prepared by the 4,499
United States bureau of labor statistics (U.S. city average for 4,500
urban wage earners and clerical workers: "all items 4,501
1982-84=100") for the twelve-month period prior to the first day 4,502
of January over the next preceding twelve-calendar-month period, 4,503
as reported by the bureau. Upon a determination by the board 4,504
that this change is an increase or that the change plus the 4,506
accumulation described in division (C)(2) of this section is an 4,507
increase, the board shall increase all benefits payable to 4,509
eligible persons by an amount determined by multiplying twelve 4,510
thousand dollars by the percentage of the increase in the 4,511
consumer price index, or that percentage plus the accumulation, 4,512
except that the percentage shall not exceed three per cent and no 4,513
benefit shall exceed the limit established by section 415 of the 4,514
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 4,515
as amended.
(2) Any percentage of change in the consumer price index 4,517
in any year that is in excess of three per cent shall be 4,518
101
accumulated and used to determine increases under this section in 4,520
succeeding years. Any percentage of change in the consumer 4,521
price index accumulated by an eligible person prior to the 4,522
effective date of this amendment SEPTEMBER 27, 1996, shall be 4,523
used in determining any future increases under this section. The 4,524
first additional benefit is payable to all eligible retirants on 4,526
July 1, 1988. The additional benefit is payable for the ensuing 4,527
twelve-month period or until the next increase is granted under 4,528
this section, whichever is later.
The date of the first additional benefit payable under this 4,530
section shall be the anniversary date for future additional 4,531
benefits. 4,532
Sec. 742.3718. (A) Except as otherwise provided in this 4,541
division, each person who on the effective date of this section 4,543
SEPTEMBER 9, 1988, is receiving a pension or benefit of less than 4,544
five thousand dollars annually under division (A) or (B) of 4,545
section 742.37 of the Revised Code on the basis of disability or 4,546
service of twenty-five years or more or, under division (C)(1), 4,547
(2), or (5) of that section, OR UNDER DIVISION (C)(2) OR (5) OF 4,548
FORMER SECTION 742.37 OF THE REVISED CODE shall have the pension 4,549
or benefit increased to five thousand dollars a year, effective 4,550
July 1, 1988. This division does not apply to any person 4,551
receiving a pension or benefit based on funded volunteer or 4,552
funded part-time service.
(B) On and after July 1, 1988: 4,554
(1) The pension of each person receiving a pension or 4,556
benefit under division (D) of section 742.37 of the Revised Code 4,557
shall be increased to four hundred ten dollars a month. 4,558
(2) The pension of each person receiving a pension or 4,560
benefit under division (E) of section 742.37 of the Revised Code 4,561
shall be increased to one hundred eighteen dollars a month. 4,562
Sec. 742.3719. Whenever the limits established by section 4,571
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 4,572
U.S.C.A. 415, as amended, are raised, the trustees of the police 4,573
102
and firemen's disability and pension fund shall increase the 4,575
amount of the pension, benefit, or allowance of any person whose 4,576
pension, benefit, or allowance payable under section 742.37,
742.3716, or 742.3717, OR 742.39 of the Revised Code was limited 4,578
by the application of section 415. The amount of the increased 4,579
pension, benefit, or allowance shall not exceed the lesser of the 4,580
amount the person would have received if the limits established 4,581
by section 415 had not been applied or the amount the person is 4,582
eligible to receive subject to the new limits established by 4,583
section 415. 4,584
Sec. 742.3720. ON THE DEATH OF A MEMBER OF THE FUND PRIOR 4,587
TO RECEIPT OF A PAYMENT UNDER SECTION 742.39 OR DIVISION (B) OR 4,588
(C) OF SECTION 742.37 OF THE REVISED CODE, THE SURVIVING SPOUSE
OR DEPENDENTS OF THE MEMBER MAY PURCHASE ANY SERVICE CREDIT THE 4,589
MEMBER, HAD THE MEMBER NOT DIED, WOULD HAVE BEEN ELIGIBLE TO 4,590
PURCHASE UNDER THIS CHAPTER ON THE SAME TERMS AND CONDITIONS THAT 4,592
THE MEMBER COULD HAVE PURCHASED THE CREDIT, EXCEPT THAT THE 4,593
PURCHASE MUST BE MADE NOT LATER THAN ONE HUNDRED TWENTY DAYS 4,594
AFTER THE DATE OF THE MEMBER'S DEATH. SERVICE CREDIT PURCHASED 4,595
UNDER THIS SECTION SHALL BE APPLIED IN THE MANNER IT WOULD HAVE 4,598
BEEN APPLIED HAD IT BEEN PURCHASED BY THE MEMBER DURING THE 4,599
MEMBER'S LIFETIME.
Sec. 742.3721. (A) IN LIEU OF THE PENSIONS PAYABLE UNDER 4,602
DIVISIONS (D) AND (E) OF SECTION 742.37 OF THE REVISED CODE, A 4,606
SURVIVING SPOUSE OF A DECEASED MEMBER OF THE FUND WHO IS ELIGIBLE 4,607
FOR A PENSION UNDER DIVISION (D) OF THAT SECTION MAY ELECT TO 4,609
RECEIVE THE MEMBER'S CONTRIBUTIONS AND ANY DEPOSITS OR PAYMENTS 4,610
MADE BY THE MEMBER. THE ELECTION TERMINATES THE RIGHT OF THE
SURVIVING SPOUSE TO RECEIVE A PENSION UNDER DIVISION (D) OF 4,611
SECTION 742.37 OF THE REVISED CODE AND OF ANY SURVIVING CHILDREN 4,612
TO RECEIVE A PENSION UNDER DIVISION (E) OF THAT SECTION. IF A 4,613
DECEASED MEMBER LEAVES NO SURVIVING SPOUSE, THE YOUNGEST CHILD OF 4,614
THE MEMBER WHO IS ELIGIBLE FOR A PENSION UNDER DIVISION (E) OF 4,616
SECTION 742.37 OF THE REVISED CODE MAY MAKE THE ELECTION 4,617
103
DESCRIBED IN THIS DIVISION. THE AMOUNT PAID UNDER THE ELECTION 4,618
SHALL BE PAID IN EQUAL SHARES TO THE CHILDREN ELIGIBLE FOR A
PENSION UNDER DIVISION (E) OF SECTION 742.37 OF THE REVISED CODE. 4,619
THE ELECTION TERMINATES THE RIGHT OF EACH OF THE SURVIVING 4,620
CHILDREN ELIGIBLE FOR A PENSION UNDER DIVISION (E) OF SECTION 4,621
742.37 OF THE REVISED CODE TO RECEIVE THE PENSION.
(B) IF A DECEASED MEMBER LEAVES NO SURVIVING SPOUSE OR 4,624
DEPENDENT CHILDREN, A DEPENDENT PARENT WHO IS ELIGIBLE FOR A 4,625
PENSION UNDER DIVISION (F) OF SECTION 742.37 OF THE REVISED CODE 4,628
MAY ELECT TO RECEIVE THE MEMBER'S CONTRIBUTIONS AND ANY DEPOSITS 4,629
OR PAYMENTS MADE BY THE MEMBER IN LIEU OF THE PENSION. IN THE 4,630
CASE OF TWO DEPENDENT PARENTS WHO ARE ELIGIBLE FOR A PENSION 4,631
UNDER DIVISION (F) OF THAT SECTION, THE YOUNGER OF THE TWO MAY 4,633
MAKE THE ELECTION AND THE AMOUNT PAID UNDER THE ELECTION SHALL BE 4,634
PAID TO THEM IN EQUAL SHARES. THE ELECTION TERMINATES THE RIGHT 4,635
OF EACH OF THE PARENTS TO RECEIVE A PENSION UNDER DIVISION (F) OF 4,636
SECTION 742.37 OF THE REVISED CODE.
(C) ANY PAYMENT MADE PURSUANT TO THIS SECTION SHALL BE A 4,639
FULL DISCHARGE AND RELEASE TO THE BOARD OF TRUSTEES OF THE POLICE 4,640
AND FIREMEN'S DISABILITY AND PENSION FUND FROM ANY FUTURE CLAIMS. 4,641
Sec. 742.38. (A)(1) THE BOARD OF TRUSTEES OF THE POLICE 4,644
AND FIREMEN'S DISABILITY AND PENSION FUND SHALL ADOPT RULES 4,645
ESTABLISHING MINIMUM MEDICAL TESTING AND DIAGNOSTIC STANDARDS OR 4,647
PROCEDURES TO BE INCORPORATED INTO PHYSICAL EXAMINATIONS
ADMINISTERED BY PHYSICIANS TO PROSPECTIVE MEMBERS OF THE FUND. 4,650
THE STANDARDS OR PROCEDURES SHALL INCLUDE DIAGNOSIS AND
EVALUATION OF THE EXISTENCE OF ANY HEART DISEASE, CARDIOVASCULAR 4,652
DISEASE, OR RESPIRATORY DISEASE. THE RULES SHALL SPECIFY THE 4,653
FORM OF THE PHYSICIAN'S REPORT AND THE INFORMATION TO BE INCLUDED 4,654
IN IT.
THE BOARD SHALL NOTIFY ALL EMPLOYERS OF THE ESTABLISHMENT 4,656
OF THE MINIMUM STANDARDS OR PROCEDURES AND SHALL INCLUDE WITH THE 4,657
NOTICE A COPY OF THE STANDARDS OR PROCEDURES. THE BOARD SHALL 4,659
NOTIFY ALL EMPLOYERS OF ANY CHANGES MADE TO THE STANDARDS OR
104
PROCEDURES. ONCE THE STANDARDS OR PROCEDURES TAKE EFFECT, 4,661
EMPLOYERS SHALL CAUSE EACH PROSPECTIVE MEMBER OF THE FUND TO 4,662
SUBMIT TO A PHYSICAL EXAMINATION THAT INCORPORATES THE STANDARDS 4,663
OR PROCEDURES.
(2) DIVISION (A)(2) OF THIS SECTION APPLIES TO AN EMPLOYEE 4,666
WHO BECOMES A MEMBER OF THE FUND ON OR AFTER THE DATE THE MINIMUM 4,667
STANDARDS OR PROCEDURES DESCRIBED IN DIVISION (A)(1) OF THIS 4,669
SECTION TAKE EFFECT. NOT LATER THAN THIRTY DAYS AFTER SUCH AN
EMPLOYEE BECOMES A MEMBER OF THE FUND, THE EMPLOYER SHALL FORWARD 4,671
TO THE BOARD A COPY OF THE PHYSICIAN'S REPORT OF A PHYSICAL 4,672
EXAMINATION THAT INCORPORATES THE STANDARDS OR PROCEDURES 4,673
DESCRIBED IN DIVISION (A)(1) OF THIS SECTION. IF AN EMPLOYER 4,675
FAILS TO FORWARD THE REPORT, THE BOARD SHALL ASSESS AGAINST THE 4,676
EMPLOYER A FINE OF ONE HUNDRED DOLLARS PER DAY, BEGINNING WITH 4,677
THE FIRST DAY AFTER THE DATE THE REPORT IS DUE AND ENDING ON THE 4,678
LAST DAY PRIOR TO THE DATE THE REPORT IS RECEIVED BY THE BOARD. 4,679
ANY AMOUNT DUE FROM AN EMPLOYER UNDER DIVISION (A)(2) OF THIS 4,680
SECTION MAY BE COLLECTED FROM THE COUNTY AUDITOR IN THE SAME 4,681
MANNER AS IS PROVIDED IN SECTION 742.35 OF THE REVISED CODE. 4,683
(B) APPLICATION FOR A DISABILITY BENEFIT MAY BE MADE BY A 4,685
MEMBER OF THE FUND, BY A PERSON ACTING ON THE MEMBER'S BEHALF IF 4,686
THE MEMBER IS INCAPACITATED AS DEFINED IN RULES ADOPTED BY THE 4,687
BOARD, OR BY THE MEMBER'S EMPLOYER. IF THE MEMBER APPLYING FOR A 4,689
DISABILITY BENEFIT BECOMES A MEMBER OF THE FUND PRIOR TO THE DATE 4,690
THE MINIMUM STANDARDS OR PROCEDURES DESCRIBED IN DIVISION (A)(1) 4,692
OF THIS SECTION TAKE EFFECT, THE BOARD MAY REQUEST FROM THE 4,693
MEMBER'S EMPLOYER A COPY OF THE PHYSICIAN'S REPORT OF THE 4,694
MEMBER'S PHYSICAL EXAMINATION TAKEN ON ENTRY INTO THE POLICE OR 4,695
FIRE DEPARTMENT. NOT LATER THAN TWENTY-EIGHT DAYS AFTER 4,696
RECEIVING A REQUEST FROM THE BOARD, THE EMPLOYER SHALL FORWARD A 4,697
COPY OF THE REPORT OR, IF THE EMPLOYER DOES NOT HAVE A COPY OF 4,698
THE REPORT, A WRITTEN STATEMENT CERTIFYING THAT THE EMPLOYER DOES 4,699
NOT HAVE A COPY OF THE REPORT. IF AN EMPLOYER FAILS TO FORWARD 4,700
THE REPORT OR STATEMENT, THE BOARD SHALL ASSESS AGAINST THE 4,701
105
EMPLOYER A FINE OF ONE HUNDRED DOLLARS PER DAY, BEGINNING WITH 4,702
THE FIRST DAY AFTER THE DATE THE REPORT OR STATEMENT IS DUE AND 4,703
ENDING ON THE LAST DAY PRIOR TO THE DATE THE REPORT OR STATEMENT 4,704
IS RECEIVED BY THE BOARD. ANY AMOUNT DUE FROM AN EMPLOYER UNDER 4,705
THIS DIVISION MAY BE COLLECTED FROM THE COUNTY AUDITOR IN THE 4,706
SAME MANNER AS IS PROVIDED IN SECTION 742.35 OF THE REVISED CODE. 4,707
THE BOARD SHALL MAINTAIN THE INFORMATION SUBMITTED UNDER THIS 4,708
DIVISION IN THE MEMBER'S FILE. 4,709
(C) FOR PURPOSES OF DETERMINING UNDER DIVISION (D) OF THIS 4,712
SECTION WHETHER A MEMBER OF THE FUND IS DISABLED, THE BOARD SHALL 4,714
ADOPT RULES ESTABLISHING OBJECTIVE CRITERIA UNDER WHICH THE BOARD 4,715
SHALL MAKE THE DETERMINATION. THE RULES SHALL INCLUDE STANDARDS 4,716
THAT PROVIDE FOR ALL OF THE FOLLOWING: 4,717
(1) EVALUATING A MEMBER'S ILLNESS OR INJURY ON WHICH AN 4,720
APPLICATION FOR DISABILITY BENEFITS IS BASED;
(2) DEFINING THE OCCUPATIONAL DUTIES OF A POLICE OFFICER 4,722
OR FIREFIGHTER; 4,723
(3) PROVIDING FOR THE BOARD TO ASSIGN COMPETENT AND 4,726
DISINTERESTED PHYSICIANS AND VOCATIONAL EVALUATORS TO CONDUCT 4,727
EXAMINATIONS OF A MEMBER; 4,728
(4) REQUIRING A WRITTEN REPORT FOR EACH DISABILITY 4,731
APPLICATION THAT INCLUDES A SUMMARY OF FINDINGS, MEDICAL 4,732
OPINIONS, INCLUDING AN OPINION ON WHETHER THE ILLNESS OR INJURY 4,733
UPON WHICH THE MEMBER'S APPLICATION FOR DISABILITY BENEFITS IS 4,734
BASED WAS CAUSED OR INDUCED BY THE ACTUAL PERFORMANCE OF THE 4,735
MEMBER'S OFFICIAL DUTIES, AND ANY RECOMMENDATIONS OR COMMENTS 4,736
BASED ON THE MEDICAL OPINIONS; 4,737
(5) PROVIDING FOR THE BOARD TO CONSIDER THE MEMBER'S 4,739
POTENTIAL FOR RETRAINING OR REEMPLOYMENT. 4,740
(D) THIS DIVISION DOES NOT APPLY TO MEMBERS OF THE FUND 4,743
WHO HAVE ELECTED TO RECEIVE BENEFITS AND PENSIONS IN ACCORDANCE 4,744
WITH DIVISION (A) OR (B) OF SECTION 742.37 OF THE REVISED CODE OR 4,746
FROM A POLICE RELIEF AND PENSION FUND OR A FIREMEN'S RELIEF AND 4,747
PENSION FUND IN ACCORDANCE WITH THE RULES OF THAT FUND IN FORCE 4,748
106
ON APRIL 1, 1947. 4,749
(1) AS USED IN DIVISION (D)(1) OF THIS SECTION: 4,752
(a) "TOTALLY DISABLED" MEANS A MEMBER OF THE FUND IS 4,755
UNABLE TO PERFORM THE DUTIES OF ANY GAINFUL OCCUPATION FOR WHICH 4,756
THE MEMBER IS REASONABLY FITTED BY TRAINING, EXPERIENCE, AND 4,757
ACCOMPLISHMENTS. ABSOLUTE HELPLESSNESS IS NOT A PREREQUISITE OF 4,758
BEING TOTALLY DISABLED. 4,759
(b) "PERMANENTLY DISABLED" MEANS A CONDITION OF DISABILITY 4,762
FROM WHICH THERE IS NO PRESENT INDICATION OF RECOVERY. 4,763
A MEMBER OF THE FUND WHO IS PERMANENTLY AND TOTALLY 4,765
DISABLED AS THE RESULT OF THE PERFORMANCE OF THE MEMBER'S 4,766
OFFICIAL DUTIES AS A MEMBER OF A POLICE OR FIRE DEPARTMENT SHALL 4,767
BE PAID ANNUAL DISABILITY BENEFITS IN ACCORDANCE WITH DIVISION 4,769
(A) OF SECTION 742.39 OF THE REVISED CODE. IN DETERMINING
WHETHER A MEMBER OF THE FUND IS PERMANENTLY AND TOTALLY DISABLED, 4,770
THE BOARD SHALL CONSIDER STANDARDS ADOPTED UNDER DIVISION (C) OF 4,771
THIS SECTION APPLICABLE TO THE DETERMINATION. 4,772
(2) A MEMBER OF THE FUND WHO IS PARTIALLY DISABLED AS THE 4,774
RESULT OF THE PERFORMANCE OF THE MEMBER'S OFFICIAL DUTIES AS A 4,775
MEMBER OF A POLICE OR FIRE DEPARTMENT SHALL, IF THE DISABILITY 4,776
PREVENTS THE MEMBER FROM PERFORMING THOSE DUTIES AND IMPAIRS THE 4,777
MEMBER'S EARNING CAPACITY, RECEIVE ANNUAL DISABILITY BENEFITS IN 4,779
ACCORDANCE WITH DIVISION (B) OF SECTION 742.39 OF THE REVISED 4,780
CODE. IN DETERMINING WHETHER A MEMBER OF THE FUND IS PARTIALLY 4,782
DISABLED, THE BOARD SHALL CONSIDER STANDARDS ADOPTED UNDER
DIVISION (C) OF THIS SECTION APPLICABLE TO THE DETERMINATION. 4,783
(3) A MEMBER OF THE FUND WHO IS DISABLED AS A RESULT OF 4,785
HEART DISEASE OR ANY CARDIOVASCULAR OR RESPIRATORY DISEASE OF A 4,787
CHRONIC NATURE, WHICH DISEASE OR ANY EVIDENCE OF WHICH DISEASE 4,788
WAS NOT REVEALED BY THE PHYSICAL EXAMINATION PASSED BY THE MEMBER 4,790
ON ENTRY INTO THE DEPARTMENT, IS PRESUMED TO HAVE INCURRED THE 4,791
DISEASE WHILE PERFORMING THE MEMBER'S OFFICIAL DUTIES, UNLESS THE 4,792
CONTRARY IS SHOWN BY COMPETENT EVIDENCE. 4,793
A MEMBER OF THE FUND WHO APPLIES FOR DISABILITY BENEFITS AS 4,796
107
A RESULT OF THE DISEASE DESCRIBED IN THIS DIVISION SHALL BE
EXAMINED BY TWO PHYSICIANS DESIGNATED BY THE BOARD, ONE OF WHOM 4,797
MAY BE THE ATTENDING PHYSICIAN. EACH EXAMINING PHYSICIAN SHALL 4,798
SUBMIT A WRITTEN REPORT OF THE EXAMINATION FINDINGS TO THE BOARD. 4,800
(4) A MEMBER OF THE FUND WHO HAS COMPLETED FIVE OR MORE 4,802
YEARS OF ACTIVE SERVICE IN A POLICE OR FIRE DEPARTMENT AND HAS 4,803
INCURRED A DISABILITY NOT CAUSED OR INDUCED BY THE ACTUAL 4,804
PERFORMANCE OF THE MEMBER'S OFFICIAL DUTIES AS A MEMBER OF THE 4,805
DEPARTMENT, OR BY THE MEMBER'S OWN NEGLIGENCE, SHALL IF THE 4,806
DISABILITY PREVENTS THE MEMBER FROM PERFORMING THOSE DUTIES AND 4,807
IMPAIRS THE MEMBER'S EARNING CAPACITY, RECEIVE ANNUAL DISABILITY 4,809
BENEFITS IN ACCORDANCE WITH DIVISION (C) OF SECTION 742.39 OF THE 4,810
REVISED CODE. IN DETERMINING WHETHER A MEMBER OF THE FUND IS 4,811
DISABLED, THE BOARD SHALL CONSIDER STANDARDS ADOPTED UNDER 4,813
DIVISION (C) OF THIS SECTION APPLICABLE TO THE DETERMINATION. 4,815
(5) THE BOARD SHALL NOTIFY A MEMBER OF ITS FINAL ACTION 4,817
AWARDING A DISABILITY BENEFIT TO THE MEMBER WITHIN THIRTY DAYS OF 4,819
THE FINAL ACTION. THE NOTICE SHALL BE SENT BY CERTIFIED MAIL, 4,820
RETURN RECEIPT REQUESTED. NOT LATER THAN NINETY DAYS AFTER 4,821
RECEIPT OF NOTICE FROM THE BOARD, THE MEMBER SHALL ELECT, ON A 4,822
FORM PROVIDED BY THE BOARD, EITHER TO ACCEPT OR WAIVE THE
DISABILITY BENEFIT AWARD. IF THE MEMBER ELECTS TO WAIVE THE 4,823
DISABILITY BENEFIT AWARD OR FAILS TO MAKE AN ELECTION WITHIN THE 4,824
TIME PERIOD, THE AWARD IS RESCINDED. A MEMBER WHO LATER SEEKS A 4,825
DISABILITY BENEFIT AWARD SHALL BE REQUIRED TO MAKE A NEW 4,826
APPLICATION, WHICH SHALL BE DEALT WITH IN ACCORDANCE WITH THE 4,827
PROCEDURES USED FOR ORIGINAL DISABILITY BENEFIT APPLICATIONS. 4,829
A PERSON IS NOT ELIGIBLE TO APPLY FOR OR RECEIVE DISABILITY 4,832
BENEFITS UNDER THIS DIVISION, SECTION 742.39 OF THE REVISED CODE,
OR DIVISION (C)(2), (3), (4), OR (5) OF FORMER SECTION 742.37 OF 4,834
THE REVISED CODE UNLESS THE PERSON IS A MEMBER OF THE FUND ON THE 4,835
DATE ON WHICH THE APPLICATION FOR DISABILITY BENEFITS IS 4,836
SUBMITTED TO THE FUND.
NO MEMBER RECEIVING A PENSION OR OTHER BENEFIT UNDER THIS 4,838
108
DIVISION OR DIVISION (C)(2), (3), (4), OR (5) OF FORMER SECTION 4,840
742.37 OF THE REVISED CODE ON OR AFTER JULY 24, 1986, MAY APPLY 4,841
FOR ANY NEW, CHANGED, OR DIFFERENT BENEFIT EXCEPT AS FOLLOWS: 4,842
(a) A MEMBER RECEIVING A DISABILITY BENEFIT UNDER DIVISION 4,845
(D)(2) OR (4) OF THIS SECTION OR DIVISION (C)(3) OR (5) OF FORMER 4,847
SECTION 742.37 OF THE REVISED CODE MAY REQUEST A REEVALUATION 4,848
UNDER THIS DIVISION. 4,849
(b) A MEMBER MAY MAKE APPLICATION FOR BENEFITS AS PROVIDED 4,852
IN SECTION 742.26 OF THE REVISED CODE.
Sec. 742.381. NOT LATER THAN MARCH 1, 1999, AND EACH FIRST 4,855
DAY OF MARCH FOR THE SUCCEEDING FIVE YEARS, THE BOARD OF TRUSTEES 4,856
OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND SHALL 4,857
MAKE AND SUBMIT A REPORT FOR THE PRECEDING FISCAL YEAR OF THE 4,858
DISABILITY RETIREMENT EXPERIENCE OF EACH EMPLOYER. THE REPORT 4,859
SHALL SPECIFY THE TOTAL NUMBER OF DISABILITY APPLICATIONS 4,860
SUBMITTED, THE STATUS OF EACH APPLICATION AS OF THE LAST DAY OF 4,861
THE FISCAL YEAR, TOTAL APPLICATIONS GRANTED OR DENIED, AND THE 4,862
PERCENTAGE OF DISABILITY BENEFIT RECIPIENTS TO THE TOTAL NUMBER 4,863
OF THE EMPLOYER'S EMPLOYEES WHO ARE MEMBERS OF THE FUND. THE 4,864
REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE OHIO RETIREMENT 4,866
STUDY COUNCIL, AND THE CHAIRPERSONS OF THE STANDING COMMITTEES 4,867
AND SUBCOMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES WITH 4,868
PRIMARY RESPONSIBILITY FOR RETIREMENT LEGISLATION. 4,869
Sec. 742.39. (A) A MEMBER OF THE POLICE AND FIREMEN'S 4,872
DISABILITY AND PENSION FUND DETERMINED TO BE ELIGIBLE FOR A 4,873
DISABILITY BENEFIT UNDER DIVISION (D)(1) OF SECTION 742.38 OF THE 4,875
REVISED CODE SHALL BE PAID ANNUAL DISABILITY BENEFITS UNTIL 4,876
DEATH, PAYABLE IN TWELVE MONTHLY INSTALLMENTS, IN AN AMOUNT EQUAL 4,877
TO SEVENTY-TWO PER CENT OF THE MEMBER'S AVERAGE ANNUAL SALARY. 4,878
(B) A MEMBER OF THE FUND DETERMINED TO BE ELIGIBLE FOR A 4,881
DISABILITY BENEFIT UNDER DIVISION (D)(2) OF SECTION 742.38 OF THE 4,883
REVISED CODE SHALL BE PAID ANNUAL DISABILITY BENEFITS UNTIL 4,884
DEATH, PAYABLE IN TWELVE MONTHLY INSTALLMENTS. IF THE MEMBER HAS 4,885
FEWER THAN TWENTY-FIVE YEARS OF ACTIVE SERVICE IN A POLICE OR 4,886
109
FIRE DEPARTMENT, THE BENEFIT SHALL BE IN AN AMOUNT FIXED BY THE 4,887
BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY AND 4,889
PENSION FUND. THE BOARD MAY INCREASE OR DECREASE THE BENEFIT 4,890
WHENEVER THE BOARD DETERMINES THAT THE IMPAIRMENT OF THE MEMBER'S 4,891
EARNING CAPACITY WARRANTS AN INCREASE OR DECREASE BASED ON THE 4,892
STANDARDS ADOPTED UNDER DIVISION (C) OF SECTION 742.38 OF THE 4,894
REVISED CODE APPLICABLE TO THE DETERMINATION, BUT IN NO EVENT 4,896
SHALL THE BENEFIT EXCEED SIXTY PER CENT OF THE MEMBER'S AVERAGE 4,897
ANNUAL SALARY. 4,898
A MEMBER WHO HAS COMPLETED TWENTY-FIVE OR MORE YEARS OF 4,900
ACTIVE SERVICE IN THE DEPARTMENT SHALL RECEIVE ANNUAL DISABILITY 4,901
BENEFITS, PAYABLE IN TWELVE MONTHLY INSTALLMENTS, IN AN AMOUNT 4,902
EQUAL TO A PERCENTAGE OF THE MEMBER'S AVERAGE ANNUAL SALARY. THE 4,904
PERCENTAGE SHALL BE THE SUM OF TWO AND ONE-HALF PER CENT FOR EACH 4,905
OF THE FIRST TWENTY YEARS THE MEMBER WAS IN THE ACTIVE SERVICE OF 4,906
THE DEPARTMENT, PLUS TWO PER CENT FOR EACH OF THE TWENTY-FIRST TO 4,907
TWENTY-FIFTH YEARS THE MEMBER WAS IN THE ACTIVE SERVICE OF THE 4,908
DEPARTMENT, PLUS ONE AND ONE-HALF PER CENT FOR EACH YEAR IN 4,909
EXCESS OF TWENTY-FIVE YEARS THE MEMBER WAS IN THE ACTIVE SERVICE 4,910
OF THE DEPARTMENT. THE ANNUAL DISABILITY BENEFIT SHALL NOT 4,911
EXCEED SEVENTY-TWO PER CENT OF THE MEMBER'S AVERAGE ANNUAL 4,912
SALARY.
(C) A MEMBER OF THE FUND DETERMINED TO BE ELIGIBLE FOR A 4,915
DISABILITY BENEFIT UNDER DIVISION (D)(4) OF SECTION 742.38 OF THE 4,917
REVISED CODE SHALL BE PAID ANNUAL DISABILITY BENEFITS, PAYABLE IN 4,919
TWELVE MONTHLY INSTALLMENTS, IN AN AMOUNT TO BE FIXED BY THE 4,920
BOARD. THE BOARD MAY INCREASE OR DECREASE THE BENEFITS WHENEVER 4,921
THE BOARD DETERMINES THAT THE IMPAIRMENT OF THE MEMBER'S EARNING 4,922
CAPACITY WARRANTS AN INCREASE OR DECREASE BASED ON THE STANDARDS 4,923
ADOPTED UNDER DIVISION (C) OF SECTION 742.38 OF THE REVISED CODE 4,926
APPLICABLE TO THE DETERMINATION, BUT IN NO EVENT SHALL A BENEFIT 4,927
PAID TO THE MEMBER EXCEED THE GREATER OF THE FOLLOWING: 4,928
(1) FIVE THOUSAND DOLLARS; 4,930
(2) AN AMOUNT FIXED BY THE BOARD, NOT EXCEEDING SIXTY PER 4,932
110
CENT OF THE MEMBER'S AVERAGE ANNUAL SALARY. 4,933
Sec. 742.40. (A) AS USED IN THIS SECTION, "DISABILITY 4,936
BENEFIT RECIPIENT" MEANS A MEMBER OF THE POLICE AND FIREMEN'S 4,937
DISABILITY AND PENSION FUND WHO IS RECEIVING A DISABILITY BENEFIT 4,938
PURSUANT TO DIVISION (C)(2), (3), (4), OR (5) OF FORMER SECTION 4,940
742.37 OF THE REVISED CODE OR PURSUANT TO SECTION 742.38 OF THE
REVISED CODE.
(B) THE BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S 4,942
DISABILITY AND PENSION FUND SHALL ADOPT RULES REQUIRING A 4,943
DISABILITY BENEFIT RECIPIENT, AS A CONDITION OF CONTINUING TO 4,944
RECEIVE A DISABILITY BENEFIT, TO AGREE IN WRITING TO RECEIVE ANY 4,945
MEDICAL TREATMENT RECOMMENDED BY THE BOARD'S PHYSICIAN OR 4,946
PHYSICIANS AND SUBMIT MEDICAL REPORTS REGARDING THE TREATMENT. 4,947
IF THE BOARD DETERMINES THAT A DISABILITY BENEFIT RECIPIENT IS 4,948
NOT RECEIVING THE MEDICAL TREATMENT, THE DISABILITY BENEFIT SHALL 4,950
BE SUSPENDED UNTIL THE TREATMENT COMMENCES OR IS RESUMED. SHOULD 4,951
THE RECIPIENT'S FAILURE TO RECEIVE TREATMENT CONTINUE FOR ONE 4,952
YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY BENEFIT SHALL BE 4,953
FORFEITED. 4,954
(C)(1) A DISABILITY BENEFIT RECIPIENT SHALL BE CONSIDERED 4,957
ON LEAVE OF ABSENCE FROM THE RECIPIENT'S POSITION OF EMPLOYMENT 4,958
AS A MEMBER OF A POLICE OR FIRE DEPARTMENT DURING THE FIRST THREE 4,959
YEARS FOLLOWING THE EFFECTIVE DATE OF THE RECIPIENT'S DISABILITY 4,960
BENEFIT, NOTWITHSTANDING ANY CONTRARY PROVISIONS OF THIS CHAPTER. 4,961
(2)(a) THE BOARD MAY REQUIRE A DISABILITY BENEFIT 4,963
RECIPIENT WHO HAS BEEN A MEMBER OF THE FUND FOR LESS THAN 4,964
TWENTY-FIVE YEARS AND HAS NOT ATTAINED AGE FORTY-EIGHT TO UNDERGO 4,966
AN ANNUAL MEDICAL EXAMINATION, EXCEPT THAT THE BOARD MAY WAIVE
THE MEDICAL EXAMINATION IF THE BOARD'S PHYSICIAN OR PHYSICIANS 4,967
SPECIFY THAT THE RECIPIENT'S DISABILITY IS ONGOING. 4,968
(b) THE BOARD MAY REQUIRE A DISABILITY BENEFIT RECIPIENT 4,970
NOT DESCRIBED IN DIVISION (C)(2)(a) OF THIS SECTION TO UNDERGO A 4,972
MEDICAL EXAMINATION AT ANY TIME IT CONSIDERS NECESSARY. 4,974
(c) IF A DISABILITY BENEFIT RECIPIENT REFUSES TO SUBMIT TO 4,977
111
A MEDICAL EXAMINATION, THE RECIPIENT'S DISABILITY BENEFIT SHALL 4,978
BE SUSPENDED UNTIL THE RECIPIENT WITHDRAWS THE REFUSAL. IF THE 4,979
REFUSAL CONTINUES FOR ONE YEAR, THE RECIPIENT'S RIGHTS UNDER AND
TO THE DISABILITY BENEFIT ARE FORFEITED. 4,980
(3) THE BOARD SHALL DESIGNATE ONE OR MORE PHYSICIANS TO 4,982
CONDUCT AN EXAMINATION REQUIRED UNDER THIS DIVISION. AFTER 4,983
COMPLETING THE EXAMINATION, THE PHYSICIAN SHALL DETERMINE AND 4,984
CERTIFY TO THE BOARD WHETHER THE DISABILITY BENEFIT RECIPIENT 4,985
CONTINUES TO MEET THE DISABILITY STANDARD SET FORTH IN DIVISION 4,987
(D)(1), (2), OR (4) OF SECTION 742.38 OF THE REVISED CODE OR 4,988
DIVISION (C)(2), (3), OR (5) OF FORMER SECTION 742.37 OF THE 4,989
REVISED CODE ON WHICH THE RECIPIENT WAS ORIGINALLY DETERMINED TO 4,990
BE DISABLED. IF THE PHYSICIAN'S DETERMINATION IS THAT THE 4,991
RECIPIENT NO LONGER MEETS THE STANDARD AND THE BOARD CONCURS IN 4,992
THE PHYSICIAN'S DETERMINATION, OR THE RECIPIENT BECOMES EMPLOYED 4,993
AS A POLICE OFFICER OR FIREFIGHTER, THE DISABILITY BENEFIT SHALL 4,994
BE TERMINATED THE EARLIER OF NINETY DAYS AFTER THE DATE OF THE 4,995
BOARD'S CONCURRENCE OR ON THE DATE THE RECIPIENT RETURNS TO 4,996
EMPLOYMENT AS A POLICE OFFICER OR FIREFIGHTER, EXCEPT THAT IF THE 4,997
RECIPIENT WAS RECEIVING A BENEFIT PURSUANT TO DIVISION (D)(1) OF 4,998
SECTION 742.39 OF THE REVISED CODE OR DIVISION (C)(2) OF FORMER 4,999
SECTION 742.37 OF THE REVISED CODE, THE BOARD SHALL REEVALUATE 5,001
THE RECIPIENT'S DISABILITY UNDER DIVISION (D)(2) OF SECTION 5,002
742.39 OF THE REVISED CODE AND AWARD A BENEFIT UNDER THAT 5,003
DIVISION IF THE RECIPIENT QUALIFIES FOR IT. A RECIPIENT MAY 5,004
APPEAL THE BOARD'S CONCURRENCE IN THE PHYSICIAN'S DETERMINATION. 5,005
THE BOARD SHALL ADOPT RULES ESTABLISHING PROCEDURES FOR THE 5,006
APPEAL. IF THE LEAVE OF ABSENCE PROVIDED UNDER DIVISION (C)(1) 5,007
OF THIS SECTION HAS NOT EXPIRED WHEN A DISABILITY BENEFIT IS 5,008
TERMINATED UNDER THIS DIVISION, THE BOARD SHALL CERTIFY TO THE 5,009
RECIPIENT'S LAST EMPLOYER BEFORE BEING FOUND DISABLED THAT THE 5,010
RECIPIENT IS CAPABLE OF RESUMING SERVICE. AT THE RECIPIENT'S 5,011
REQUEST, THE EMPLOYER SHALL RESTORE THE RECIPIENT TO THE PREVIOUS 5,013
POSITION AND SALARY OR TO A POSITION AND SALARY SIMILAR TO IT, 5,014
112
WITH ALL PREVIOUS RIGHTS, INCLUDING CIVIL SERVICE STATUS. IF THE 5,015
EMPLOYER FAILS TO REEMPLOY A RECIPIENT AS REQUIRED BY DIVISION 5,016
(C)(3) OF THIS SECTION, THE BOARD SHALL ASSESS AGAINST THE 5,018
EMPLOYER A FINE OF ONE HUNDRED DOLLARS PER DAY, BEGINNING WITH 5,019
THE FIRST DAY AFTER THE DATE THE RECIPIENT REQUESTS REEMPLOYMENT 5,020
AND ENDING ON THE LAST DAY PRIOR TO THE DATE THE RECIPIENT IS 5,021
REEMPLOYED. ANY AMOUNT DUE FROM AN EMPLOYER UNDER DIVISION 5,022
(C)(3) OF THIS SECTION MAY BE COLLECTED FROM THE COUNTY AUDITOR 5,023
IN THE SAME MANNER AS IS PROVIDED IN SECTION 742.35 OF THE 5,025
REVISED CODE.
(D) EACH DISABILITY BENEFIT RECIPIENT SHALL FILE WITH THE 5,028
BOARD AN ANNUAL STATEMENT OF EARNINGS, CURRENT MEDICAL 5,029
INFORMATION ON THE RECIPIENT'S CONDITION, AND ANY OTHER 5,030
INFORMATION REQUIRED BY THE BOARD, INCLUDING COPIES OF THE 5,031
RECIPIENT'S COMPLETED STATE INCOME TAX RETURN AND ANY OTHER 5,032
INFORMATION PROVIDED TO THE DEPARTMENT OF TAXATION. AT THE 5,033
BOARD'S REQUEST, THE TAX COMMISSIONER SHALL PROVIDE TO THE BOARD 5,034
COPIES OF A RECIPIENT'S COMPLETED STATE INCOME TAX RETURN AND ANY 5,035
OTHER INFORMATION PROVIDED TO THE DEPARTMENT TO VERIFY THE 5,036
RECIPIENT'S ANNUAL STATEMENT OF EARNINGS. THE BOARD SHALL 5,037
REIMBURSE THE DEPARTMENT FOR THE COST OF PROVIDING THE COPIES. 5,039
THE BOARD SHALL ANNUALLY EXAMINE THE INFORMATION SUBMITTED BY THE 5,040
RECIPIENT. IF A DISABILITY BENEFIT RECIPIENT REFUSES TO FILE THE 5,041
INFORMATION, THE DISABILITY BENEFIT SHALL BE SUSPENDED UNTIL THE 5,043
INFORMATION IS FILED. IF THE REFUSAL CONTINUES FOR ONE YEAR, THE 5,044
RECIPIENT'S RIGHT TO THE DISABILITY BENEFIT SHALL BE FORFEITED. 5,045
Sec. 742.401. AS USED IN THIS SECTION, "WORKERS' 5,047
COMPENSATION BENEFIT" HAS THE SAME MEANING AS IN SECTION 4123.701 5,049
OF THE REVISED CODE. 5,051
(A) NOT LATER THAN THIRTY DAYS AFTER RECEIPT OF NOTICE 5,054
FROM THE BUREAU OF WORKERS' COMPENSATION OR THE INDUSTRIAL 5,055
COMMISSION PURSUANT TO SECTION 4123.701 OF THE REVISED CODE, THE 5,057
RETIREMENT BOARD SHALL ADJUST A MEMBER'S DISABILITY BENEFIT IF 5,059
BOTH OF THE FOLLOWING CONDITIONS ARE MET: 5,060
113
(1) THE BOARD DETERMINES THAT THE MEMBER IS RECEIVING A 5,062
DISABILITY BENEFIT AND A WORKERS' COMPENSATION BENEFIT FOR THE 5,063
SAME ILLNESS OR INJURY; 5,064
(2) THE SUM OF THE MEMBER'S ANNUAL DISABILITY BENEFIT, 5,066
EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT 5,067
BENEFIT INCREASES, AND THE MEMBER'S ANNUAL WORKERS' COMPENSATION 5,068
BENEFIT EXCEEDS ONE HUNDRED PER CENT OF THE MEMBER'S AVERAGE 5,069
ANNUAL SALARY.
THE BOARD SHALL DEDUCT FROM THE MEMBER'S ANNUAL DISABILITY 5,071
BENEFIT AN AMOUNT EQUAL TO THE AMOUNT BY WHICH THE SUM OF THE 5,072
MEMBER'S ANNUAL DISABILITY BENEFIT, EXCLUDING ANY COST-OF-LIVING 5,073
ADJUSTMENTS OR POST-RETIREMENT INCREASES, AND THE MEMBER'S ANNUAL 5,074
WORKERS' COMPENSATION BENEFIT EXCEEDS ONE HUNDRED PER CENT OF THE 5,075
MEMBER'S AVERAGE ANNUAL SALARY. THE AMOUNT DEDUCTED SHALL NOT 5,076
EXCEED ONE HUNDRED PER CENT OF THE DISABILITY BENEFIT PAID, 5,078
EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT
BENEFIT INCREASES. IN THE CASE OF A WORKERS' COMPENSATION 5,080
BENEFIT THAT IS PAID WEEKLY, THE ADJUSTMENT SHALL BE DETERMINED 5,081
AS IF THE WORKERS' COMPENSATION BENEFIT WAS PAID AS A MONTHLY 5,082
BENEFIT. IN THE CASE OF A MEMBER WHO RECEIVES A LUMP SUM PAYMENT 5,083
UNDER SECTION 4123.64 OF THE REVISED CODE OR A FINAL SETTLEMENT 5,084
UNDER SECTION 4123.65 OF THE REVISED CODE, THE BOARD SHALL ADJUST 5,086
THE MEMBER'S DISABILITY BENEFIT PAID AS IF THE BENEFIT 5,087
REPRESENTED BY THE LUMP SUM PAYMENT OR FINAL SETTLEMENT AGREEMENT 5,089
BEGAN ON ITS EFFECTIVE DATE AND WAS PAID AS A MONTHLY BENEFIT, 5,090
EXCLUDING ANY AMOUNT OF THE LUMP SUM OR FINAL SETTLEMENT THAT IS 5,091
NOT ATTRIBUTABLE TO A WORKERS' COMPENSATION BENEFIT. THE 5,092
ADJUSTMENT SHALL BE EFFECTIVE ON THE FIRST DAY OF THE FIRST MONTH 5,093
FOLLOWING THE THIRTY-DAY PERIOD DESCRIBED IN THIS DIVISION. 5,094
(B) THE ADJUSTMENT REQUIRED BY THIS SECTION SHALL CONTINUE 5,097
UNTIL THE EARLIER OF THE FOLLOWING: 5,098
(1) A TIME AT WHICH THE SUM OF THE DISABILITY BENEFIT, 5,100
EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT 5,101
BENEFIT INCREASES, AND THE WORKERS' COMPENSATION BENEFIT NO 5,102
114
LONGER EXCEEDS ONE HUNDRED PER CENT OF THE MEMBER'S AVERAGE 5,103
ANNUAL SALARY;
(2) THE MEMBER REACHES THE AGE AT WHICH THE MEMBER WOULD 5,105
HAVE BECOME ELIGIBLE FOR NORMAL SERVICE RETIREMENT HAD THE MEMBER 5,107
NOT BECOME DISABLED, ASSUMING CONTINUOUS SERVICE AS A MEMBER. 5,108
(C) IF THE BOARD DETERMINES THAT ANY AMOUNTS WERE OVERPAID 5,111
BY THE SYSTEM PRIOR TO AN AWARD OF WORKERS' COMPENSATION 5,112
BENEFITS, THE BOARD SHALL CERTIFY THE AMOUNT OF THE OVERPAYMENT 5,113
TO THE BUREAU AND MAY RECOVER THE OVERPAYMENT FROM THE BUREAU AS 5,114
PROVIDED IN SECTION 4123.701 OF THE REVISED CODE. 5,116
(D) ANY ADDITIONAL BENEFIT PAID BY THE FUND UNDER SECTION 5,118
742.3716 OR 742.3717 OF THE REVISED CODE SHALL BE DETERMINED AND 5,119
PAID AS IF THE REDUCTION REQUIRED BY DIVISION (A) OF THIS SECTION 5,121
HAD NOT BEEN MADE. 5,122
(E) IF A RECIPIENT OF A DISABILITY BENEFIT FROM THE FUND 5,125
IS ELIGIBLE FOR MEDICAL TREATMENT OR REHABILITATION FROM THE 5,126
BUREAU OF WORKERS' COMPENSATION OR THE INDUSTRIAL COMMISSION, 5,127
HEALTH CARE COVERAGE PROVIDED BY THE FUND, INCLUDING COVERAGE 5,128
UNDER SECTION 742.45 OF THE REVISED CODE, SHALL COVER ONLY 5,129
MEDICAL TREATMENT OR REHABILITATION NOT AVAILABLE THROUGH THE 5,130
BUREAU OR THE COMMISSION. 5,131
Sec. 742.50. If AS USED IN THIS SECTION, "MEMBER'S 5,140
CONTRIBUTION" MEANS THE TOTAL AMOUNT DEDUCTED FROM THE SALARY OF 5,141
A MEMBER OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND 5,142
AND CREDITED TO THE MEMBER'S ACCOUNT IN THE FUND. 5,143
IF a member of the fund dies before receiving pension and 5,145
benefit payments from the police and firemen's disability and 5,147
pension fund in an amount equal to the sums deducted from the 5,148
member's salary and credited to the member's account in such 5,150
fund, CONTRIBUTION and leaves no surviving spouse, surviving 5,151
children, or dependent parent eligible for monthly pension 5,152
payments under section 742.37 of the Revised Code, the board 5,153
shall pay to the estate of such deceased member an amount equal 5,154
to the sums deducted from the member's salary and credited to the 5,156
115
member's account in the police and firemen's disability and 5,157
pension fund CONTRIBUTION, less the total amount received by such 5,158
member as benefit or pension payments from such fund. 5,159
IF A MEMBER WHO DIES BEFORE RECEIVING PENSION AND BENEFIT 5,162
PAYMENTS FROM THE FUND IN AN AMOUNT EQUAL TO THE MEMBER'S 5,163
CONTRIBUTION LEAVES ONE OR MORE SURVIVORS ELIGIBLE FOR MONTHLY 5,164
PENSION PAYMENTS UNDER SECTION 742.37 OF THE REVISED CODE BUT THE 5,166
TOTAL AMOUNT PAID ALL SURVIVORS UNDER THAT SECTION IS LESS THAN 5,167
THE MEMBER'S CONTRIBUTION, THE FUND SHALL PAY TO THE SURVIVORS OR 5,168
THEIR ESTATES, IN EQUAL SHARES, AN AMOUNT EQUAL TO THE MEMBER'S 5,169
CONTRIBUTION, LESS THE TOTAL AMOUNT RECEIVED BY THE MEMBER AND 5,170
ALL SURVIVORS AS BENEFIT OR PENSION PAYMENTS FROM THE FUND. 5,172
Sec. 742.511. In computing years of active service under 5,181
division (C) of section 742.37 OR SECTION 742.39 of the Revised 5,183
Code for a full-time regular policewoman or policeman POLICE
OFFICER who, prior to the effective date of this amendment 5,185
DECEMBER 1, 1983, was appointed to the police department of a 5,186
newly incorporated municipal corporation, whether pursuant to 5,188
section 124.41 of the Revised Code or otherwise, directly from a 5,189
police department of the township from which such municipal 5,190
corporation was incorporated, such members shall be given full 5,191
credit for service as a full-time township police officer and as 5,192
a full-time policewoman or policeman POLICE OFFICER in the 5,193
municipal corporation after the date of incorporation and for 5,194
which contributions were made to the public employees retirement 5,195
system, if the, within thirty days after the effective date of 5,196
this amendment DECEMBER 1, 1983, the member makes a written 5,198
request to the public employees retirement system to withdraw 5,199
accumulated contributions attributable to such service from the 5,200
public employees retirement system and, thirty days after 5,201
receiving such contributions, the member pays into the police and 5,202
firemen's disability and pension fund the amount withdrawn from 5,204
the public employees retirement system for the period of service 5,205
being obtained.
116
When such an election is made, the public employees 5,207
retirement system shall certify to the police and firemen's 5,208
disability and pension fund a copy of the records of the service 5,209
and contributions of the member and shall transfer to the police 5,210
and firemen's disability and pension fund an amount equal to the 5,212
total employer contributions paid on service as a full-time 5,213
township police officer and on service as a full-time municipal 5,214
police officer at the rates in effect during such employment, as 5,215
set forth in section 145.01 of the Revised Code. 5,216
Sec. 742.512. In computing years of active service under 5,224
division (C) of section 742.37 OR SECTION 742.39 of the Revised 5,226
Code for a full-time regular policewoman or policeman POLICE
OFFICER who, on or after December 1, 1983, but prior to the 5,228
effective date of this amendment JUNE 14, 1988, was appointed 5,229
pursuant to section 124.41 or 124.411 of the Revised Code to a 5,231
police department of a newly incorporated municipal corporation 5,232
directly from a police department of the township from which the 5,233
municipal corporation was incorporated, full credit for service 5,234
as a full-time township police officer shall be given if, within 5,235
thirty days after such appointment, the member made a written 5,236
request to the public employees retirement system to withdraw 5,237
accumulated contributions attributable to such service from the 5,238
public employees retirement system and, within thirty days after 5,239
receiving such contributions, the member paid into the police and 5,240
firemen's disability and pension fund the amount withdrawn from 5,241
the public employees retirement system for the period of service 5,242
being obtained. 5,243
When such an election is made, the public employees 5,245
retirement system shall certify to the police and firemen's 5,246
disability and pension fund a copy of the records of the service 5,247
and contributions of the member and shall transfer to the police 5,248
and firemen's disability and pension fund an amount equal to the 5,249
total employer contributions paid on service as a full-time 5,250
township police officer at the rates in effect during such 5,251
117
employment, as set forth in section 145.01 of the Revised Code. 5,252
Sec. 742.515. (A) As used in this section, "fire 5,260
department employer" means a fire department that employs a 5,261
fireman FIREFIGHTER. 5,262
(B) A full-time fireman FIREFIGHTER who, on November 8, 5,264
1990, is a member of the public employees retirement system, in 5,266
the employ of a fire department employer, and in a position in 5,267
which he THE FIREFIGHTER is required to satisfactorily complete 5,269
or have satisfactorily completed a fire fighter FIREFIGHTER 5,270
training course approved under former section 3303.07 or section 5,272
4765.55 or conducted under section 3737.33 of the Revised Code 5,273
may, by giving notice to the police and firemen's disability and 5,274
pension fund within ninety days of November 8, 1990, elect to 5,275
transfer to the fund.
When a fireman FIREFIGHTER makes such an election, the 5,277
police and firemen's disability and pension fund shall notify the 5,279
public employees retirement system. All of the fireman's 5,280
FIREFIGHTER'S credit as a full-time fireman FIREFIGHTER shall be 5,282
transferred to the police and firemen's disability and pension 5,283
fund. The public employees retirement system shall certify to 5,284
the police and firemen's disability and pension fund a copy of 5,285
his THE FIREFIGHTER'S records of service and contributions and 5,287
for each year or portion of a year of credit to be transferred 5,288
shall transfer to the police and firemen's disability and pension 5,289
fund all of the following:
(1) All contributions to the credit of the fireman 5,291
FIREFIGHTER as a full-time fireman FIREFIGHTER; 5,292
(2) An amount equal to the total employer contributions 5,294
paid on service as a full-time fireman FIREFIGHTER at the rates 5,295
in effect during that year; 5,297
(3) Any amount paid by the member or the employer to the 5,299
retirement system for the purchase of service credit for 5,300
full-time service, including credit for military service and any 5,301
other credit the member or employer was eligible to purchase for 5,302
118
the benefit of the member. 5,303
(C) The fire department employer by which a fireman 5,305
FIREFIGHTER is employed at the time of a transfer made pursuant 5,306
to division (B) of this section shall, at the request of the 5,307
police and firemen's disability and pension fund, certify to the 5,308
fund the fireman FIREFIGHTER'S salary as a fireman FIREFIGHTER. 5,310
(D) In computing years of active service under division 5,312
(C) of section 742.37 OR SECTION 742.39 of the Revised Code, a 5,313
member transferred pursuant to this section shall be given full 5,314
credit by the police and firemen's disability and pension fund 5,315
for his THE FIREFIGHTER'S service as a full-time fireman 5,317
FIREFIGHTER and for any service credit for full-time service 5,319
purchased by him THE FIREFIGHTER, or by his THE FIREFIGHTER'S 5,320
employer on his THE FIREFIGHTER'S behalf, from the public 5,321
employees retirement system.
Sec. 742.52. (A) A member of the police and firemen's 5,330
disability and pension fund who is not receiving a disability 5,331
benefit or pension from the fund may purchase service credit, 5,332
which shall be used in computing the member's years of service, 5,334
for each year of service incurred by reason of having been on 5,335
active duty, active duty for training, initial active duty for 5,336
training, inactive duty training, full-time national guard duty, 5,337
and a period for which a member is absent from a position of 5,338
employment for the purpose of an examination to determine the 5,339
fitness of the member to perform a duty, as a member of the armed 5,341
forces of the United States if the member is honorably 5,343
discharged. Credits which are not authorized under former
sections 742.18, 742.19, 742.20, and 742.21 or section 742.521 of 5,345
the Revised Code may be purchased at any time. The number of 5,347
years purchased under this division shall not exceed five. 5,348
(B) For the purposes of this division, "prisoner of war" 5,350
means any regularly appointed, enrolled, enlisted, or inducted 5,351
member of the armed forces of the United States who was captured, 5,352
separated, and incarcerated by an enemy of the United States. 5,353
119
A member may purchase service credit which shall be 5,355
considered as the equivalent of Ohio service for each year of 5,356
service the member was a prisoner of war. The number of years 5,358
purchased under this division shall not exceed five. Service 5,359
credit may be purchased under this division for the same years of 5,360
service used to purchase service credit under division (A) of 5,361
this section. The member may choose to purchase only part of 5,362
such credit in any one payment, subject to board rules. 5,363
(C) The total number of years purchased under this section 5,365
shall not exceed the member's total accumulated number of years 5,366
of Ohio service. 5,367
(D) For each year of service purchased under division (A) 5,369
or (B) of this section, the member shall pay to the fund for 5,370
credit to the member's accumulated account an amount determined 5,372
by the member rate of contribution in effect at the time the 5,373
military service began or four per cent, whichever is greater, 5,374
multiplied by the annual compensation for full-time employment 5,375
during the first year of full-time service in Ohio covered by any 5,376
state or municipal retirement system of this state following 5,377
termination of military service. To this amount shall be added 5,379
an amount equal to compound interest at a rate established by the 5,380
board of trustees of the police and firemen's disability and 5,381
pension fund from the date active military service terminated to 5,383
date of payment. For the purpose of this section, the board may 5,384
define full-time service in Ohio covered by any state or 5,385
municipal retirement system of this state. 5,386
(E) A member is ineligible to purchase service credit 5,388
under this section for any year of military service that was: 5,390
(1) Used in the calculation of any retirement benefit 5,393
currently being paid to the member or payable in the future under 5,394
any other retirement program, except for retired pay for 5,395
non-regular service under Chapter 1223 of Section 1662 of Title 5,397
XVI of the "National Defense Authorization Act for Fiscal Year 5,399
1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 12739, or 5,400
120
social security;
(2) Used to obtain service credit under former section 5,402
742.18, 742.19, 742.20, or 742.21 or section 742.521 of the 5,403
Revised Code. At the time the credit is purchased the member 5,404
shall certify on a form furnished by the trustees that the member 5,405
does and will conform to this requirement. Any benefit paid 5,407
under this section to which the member is not entitled shall be 5,408
recovered by any recovery procedures available under this 5,409
chapter.
"Armed forces" of the United States includes army, navy, 5,411
air force, marine corps, coast guard, or any reserve component of 5,412
such forces; national guard; the commissioned corps of the United 5,413
States public health service; the merchant marine service during 5,414
wartime; auxiliary corps as established by congress; service as a 5,416
red cross nurse with the army, navy, air force, hospital service 5,418
of the United States, army nurse corps, navy nurse corps, or 5,419
serving full-time with the American red cross in a combat zone; 5,421
and such other service as may be designated by congress as 5,422
included therein.
A member of the fund who has purchased service credit under 5,424
this section, or the member's estate, is entitled to be refunded 5,426
the amount paid to purchase such credit, or a pro rata portion 5,427
thereof, provided that the purchased service credit, or a portion 5,428
of the purchased service credit, does not serve to increase a 5,429
pension or benefit paid under section 742.37 OR 742.39 of the 5,430
Revised Code. The refund of any amount paid to purchase credit 5,432
under this section, or a pro rata portion thereof, shall cancel 5,433
an equivalent amount of service credit.
Sec. 742.38 742.59. The board of trustees of the police 5,442
and firemen's disability and pension fund shall be the trustee of 5,444
the funds created as follows:
(A) The "policemen's contribution fund" is the fund in 5,446
which shall be credited the contributions deducted from the 5,447
salaries of members of police departments and paid into the 5,448
121
police and firemen's disability and pension fund, as provided by 5,449
section 742.31 of the Revised Code, and that percentage of the 5,450
employers' accrued liability that is attributable to deductions 5,451
previously made from the salaries of members of the police 5,452
department who are still in the active service at the time that 5,453
portion of the employer's accrued liability is paid. The 5,454
accumulated contributions of a member of a police department 5,455
shall be transferred at his THE MEMBER'S retirement from the 5,456
policemen's contribution fund to the policemen's pension reserve 5,458
fund.
(B) The "firemen's contribution fund" is the fund in which 5,460
shall be credited contributions deducted from the salaries of 5,461
members of fire departments and paid into the police and 5,462
firemen's disability and pension fund, as provided by section 5,464
742.31 of the Revised Code, and that percentage of the employers' 5,465
accrued liability that is attributable to deductions previously 5,466
made from the salaries of members of the fire department who are 5,467
still in the active service at the time that portion of the 5,468
employers' accrued liability is paid. The accumulated 5,469
contributions of a member of a fire department shall be 5,470
transferred at his THE MEMBER'S retirement from the firemen's 5,472
contribution fund to the firemen's pension reserve fund.
(C) The "policemen employers' contribution fund" is the 5,474
fund to which the policemen employers' contribution, as provided 5,475
by section 742.33 of the Revised Code, and that percentage of the 5,476
employers' accrued liability that is attributable to the 5,477
employers' liability for prior service of members of the police 5,478
department who are still in the active service at the time that 5,479
portion of the employers' accrued liability is paid, and that 5,480
portion of the state contribution allocated to such fund, as 5,481
provided by section 742.36 of the Revised Code, shall be 5,482
credited, and in which shall be accumulated the reserves held in 5,483
trust for the payment of all pensions or other benefits provided 5,484
by sections 742.01 to 742.58 742.61 of the Revised Code to 5,485
122
members of a police department retiring in the future or their 5,486
qualified beneficiaries and from which the reserves for such 5,487
pensions and other benefits shall be transferred to the 5,488
policemen's pension reserve fund.
(D) The "firemen employers' contribution fund" is the fund 5,491
to which the firemen employers' contribution, as provided in
section 742.34 of the Revised Code, and that percentage of the 5,492
employers' accrued liability that is attributable to the 5,493
employers' liability for prior service for members of the fire 5,494
department who are still in the active service at the time that 5,495
portion of the employers' accrued liability is paid, and that 5,496
portion of the state contribution allocated to such fund, as 5,497
provided by section 742.36 of the Revised Code, shall be 5,498
credited, and in which shall be accumulated the reserves held in 5,499
trust for the payment of all pensions and other benefits provided 5,500
by sections 742.01 to 742.58 742.61 of the Revised Code to 5,501
members of a fire department retiring in the future or their 5,502
qualified beneficiaries and from which the reserves for such 5,503
pensions and other benefits shall be transferred to the firemen's 5,504
pension reserve fund. 5,505
(E) The "policemen's pension reserve fund" is the fund 5,507
from which shall be paid all pensions and other benefits for 5,508
which reserves have been transferred from the policemen's 5,509
contribution fund and the policemen employers' contribution fund, 5,510
and to which shall be credited that percentage of the employers' 5,511
accrued liability that is attributable to the total of deductions 5,512
previously made from the salaries of members of the police 5,513
department who are retired and are receiving pensions or other 5,514
benefits, or whose beneficiaries are receiving benefits, at the 5,515
time that portion of the employers' accrued liability is paid, 5,516
and that percentage of the employers' accrued liability that is 5,517
attributable to prior service of members of the police department 5,518
who are retired and are receiving pensions or other benefits, or 5,519
whose beneficiaries are receiving benefits, at the time that 5,520
123
portion of the employers' accrued liability is paid. 5,521
(F) The "firemen's pension reserve fund" is the fund from 5,524
which shall be paid all pensions and other benefits for which
reserves have been transferred from the firemen's contribution 5,525
fund and the firemen employers' contribution fund, and to which 5,527
shall be credited that percentage of the employers' accrued 5,528
liability that is attributable to the total of deductions 5,529
previously made from the salaries of members of the fire 5,530
department who are retired and are receiving pensions or other 5,531
benefits, or whose beneficiaries are receiving benefits, at the 5,532
time that portion of the employers' accrued liability is paid, 5,533
and that percentage of the employers' accrued liability that is 5,534
attributable to prior service of members of the fire department 5,535
who are retired and are receiving pensions or other benefits, or 5,536
whose beneficiaries are receiving benefits, at the time that 5,537
portion of the employers' accrued liability is paid. 5,538
(G) The "guarantee fund" is the fund from which interest 5,540
is transferred and credited on the amounts in the funds described 5,541
in divisions (C), (D), (E), and (F) of this section, and is a 5,542
contingent fund from which the special requirements of said funds 5,543
may be paid by transfer from this fund. All income derived from 5,544
the investment of funds by the board of trustees of the police 5,545
and firemen's disability and pension fund as trustee under 5,546
section 742.11 of the Revised Code, together with all gifts and 5,547
bequests or the income therefrom, shall be paid into this fund. 5,548
Any deficit occurring in any other fund that will not be 5,550
covered by payments to that fund, as otherwise provided by 5,551
sections 742.01 to 742.58 742.61 of the Revised Code, shall be 5,552
paid by transfers of amounts from the guarantee fund to such fund 5,553
or funds. Should the amount in the guarantee fund be 5,554
insufficient at any time to meet the amounts payable therefrom, 5,555
the amount of such deficiency, with regular interest, shall be 5,556
paid by an additional employer rate of current contribution as 5,557
determined by the actuary and shall be approved by the board of 5,558
124
trustees of the police and firemen's disability and pension fund, 5,559
and the amount of such additional employer contribution shall be 5,560
credited to the guarantee fund. 5,561
The board of trustees of the police and firemen's 5,563
disability and pension fund may accept gifts and bequests. Any 5,564
funds that may come into the possession of the board in this 5,565
manner, or any other funds whose disposition is not otherwise 5,566
provided for, shall be credited to the guarantee fund. 5,567
(H) The "expense fund" is the fund from which shall be 5,569
paid the expenses for the administration and management of the 5,570
police and firemen's disability and pension fund, as provided by 5,572
sections 742.01 to 742.58 742.61 of the Revised Code, and to 5,573
which shall be credited from the guarantee fund an amount 5,574
sufficient to pay the expenses of operation. 5,575
Sec. 742.39 742.60. Wherever in sections 742.01 to 742.49, 5,584
inclusive, 742.61 of the Revised Code, reference is made to the 5,585
policemen's contribution fund, the firemen's contribution fund, 5,586
the policemen employers' contribution fund, the firemen 5,587
employers' contribution fund, the policemen's pension reserve 5,589
fund, the firemen's pension reserve fund, the guarantee fund, or 5,590
the expense fund, such reference shall be construed to have been 5,592
made to each as a separate legal entity. This section does not 5,593
prevent the deposit or investment of all such moneys intermingled 5,594
for such purpose, but such funds shall be separate and distinct 5,595
legal entities for all other purposes.
Sec. 742.40 742.61. The treasurer of state shall be the 5,604
custodian of all funds under the control and management of the 5,605
board of trustees of the police and firemen's disability and 5,606
pension fund, and all disbursements of such funds shall be paid 5,607
by him THE TREASURER OF STATE only upon instruments duly 5,608
authorized by the board and bearing the signatures of the 5,610
chairman CHAIRPERSON and secretary of the board. The signatures 5,611
of the chairman CHAIRPERSON and secretary may be facsimile 5,612
signatures.
125
The treasurer of state shall give a separate and additional 5,614
bond in such amount as is fixed by the board, conditioned upon 5,615
the faithful performance of his THE TREASURER OF STATE'S duties 5,616
as custodian of the funds under the control and management of the 5,618
board and to be executed by a surety company selected by the 5,619
board that is authorized to transact business in this state. 5,620
Such bond shall be deposited with the secretary of state and kept 5,621
in his THE SECRETARY OF STATE'S office. The board may require 5,623
the treasurer of state to give other and additional bonds, as the 5,624
funds under the control and management of the board increase, in 5,625
such amounts and at such times as are fixed by the board, which 5,626
additional bonds shall be conditioned, filed, and executed as is 5,627
provided for the original bond of the treasurer of state covering 5,628
the funds under the control and management of the board. The 5,629
premium on all bonds shall be paid by the board.
The treasurer of state shall deposit any portion of the 5,631
funds under the control and management of the board not needed 5,632
for immediate use in the same manner as state funds are 5,633
deposited, and subject to all provisions of law with respect to 5,634
the deposit of state funds, by the treasurer of state, and all 5,635
interest earned on such funds so deposited shall be collected by 5,636
the treasurer of state and placed to the credit of the board. 5,637
Sec. 742.61 742.62. The firemen and policemen's death 5,645
benefit fund is hereby created as the fund to which shall be 5,647
credited contributions paid by the state and any moneys resulting 5,648
from gifts made to the fund. The board of trustees of the police 5,649
and firemen's disability and pension fund shall be the trustees 5,650
of the firemen and policemen's death benefit fund. The board 5,651
shall have the same powers as provided in section 742.10 of the 5,652
Revised Code, in administering the firemen and policemen's death 5,653
benefit fund.
Sec. 742.63. The board of trustees of the police and 5,662
firemen's disability and pension fund shall adopt rules for the 5,664
management of the firemen and policemen's death benefit fund and 5,666
126
for disbursements of benefits as set forth in this section. 5,667
(A) As used in this section: 5,669
(1) "Member" means a member of the police and firemen's 5,671
disability and pension fund or the state highway patrol 5,672
retirement system, or a member of the public employees retirement 5,673
system who at the time of the member's death was a county sheriff 5,674
or deputy sheriff, a full-time regular police officer in a 5,675
municipal corporation or township, a full-time regular fireman 5,676
FIREFIGHTER employed by the state, an instrumentality of the 5,678
state, a municipal corporation, a township, a joint fire 5,679
district, or another political subdivision, a full-time park 5,680
district ranger or patrol trooper, a full-time law enforcement 5,681
officer of the department of natural resources, a full-time 5,682
liquor control investigator of the department of public safety, a 5,683
full-time law enforcement officer of parks, waterway lands, or 5,685
reservoir lands under the control of a municipal corporation, a 5,686
full-time law enforcement officer of a conservancy district, a 5,687
correction officer at an institution under the control of a 5,688
county, a group of counties, a municipal corporation, or the 5,689
department of rehabilitation and correction, a state university 5,690
law enforcement officer, or a member of a retirement system 5,691
operated by a municipal corporation who at the time of death was 5,692
a full-time law enforcement officer of parks, waterway lands, or 5,693
reservoir lands under the control of the municipal corporation. 5,694
(2) Notwithstanding section 742.01 of the Revised Code, 5,696
"fire or police department" includes a fire department of the 5,697
state or an instrumentality of the state or of a municipal 5,698
corporation, township, joint fire district, or other political 5,699
subdivision, the state highway patrol, a county sheriff's office, 5,700
the security force of an institution under the control of the 5,701
department of rehabilitation and correction, the security force 5,702
of a jail or workhouse under the control of a county, group of 5,703
counties, or municipal corporation, the security force of a 5,704
metropolitan, county, or township park district, the security 5,705
127
force of lands under the control of the department of natural 5,706
resources, the security force of liquor control investigators of 5,707
the department of public safety, the security force of parks, 5,708
waterway lands, or reservoir lands under the control of a 5,709
municipal corporation, the security force of a conservancy 5,710
district, the police department of a township or municipal 5,711
corporation, and the police force of a state university. 5,712
(3) "Fireman FIREFIGHTER or policeman POLICE OFFICER" 5,715
includes a state highway patrol trooper, a county sheriff or 5,716
deputy sheriff, a correction officer at an institution under the 5,717
control of a county, a group of counties, a municipal 5,718
corporation, or the department of rehabilitation and correction, 5,719
a policeman POLICE OFFICER employed by a township or municipal 5,721
corporation, a fireman FIREFIGHTER employed by the state, an 5,722
instrumentality of the state, a municipal corporation, a 5,723
township, a joint fire district, or another political 5,724
subdivision, a full-time park district ranger or patrolman PATROL 5,725
TROOPER, a full-time law enforcement officer of the department of 5,727
natural resources, a full-time liquor control investigator of the 5,728
department of public safety, a full-time law enforcement officer 5,729
of parks, waterway lands, or reservoir lands under the control of 5,730
a municipal corporation, a full-time law enforcement officer of a 5,731
conservancy district, and a state university law enforcement 5,732
officer.
(4) "Correction officer" includes, in addition to any 5,734
correction officer, any correction corporal, sergeant, 5,735
lieutenant, or captain, and the equivalents of all such persons. 5,736
(5) "A park district ranger or patrolman PATROL TROOPER" 5,738
means a peace officer commissioned to make arrests, execute 5,740
warrants, and preserve the peace upon lands under the control of 5,741
a board of park commissioners of a metropolitan, county, or 5,742
township park district. 5,743
(6) "Metropolitan, county, or township park district" 5,745
means a park district created under the authority of Chapter 511. 5,746
128
or 1545. of the Revised Code. 5,747
(7) "Conservancy district" means a conservancy district 5,749
created under the authority of Chapter 6101. of the Revised Code. 5,750
(8) "Law enforcement officer" means an officer 5,752
commissioned to make arrests, execute warrants, and preserve the 5,753
peace upon lands under the control of the governmental entity 5,754
granting the commission. 5,755
(9) "Department of natural resources law enforcement 5,757
officer" includes a forest officer designated pursuant to section 5,758
1503.29 of the Revised Code, a preserve officer designated 5,759
pursuant to section 1517.10 of the Revised Code, a wildlife 5,760
officer designated pursuant to section 1531.13 of the Revised 5,761
Code, a park officer designated pursuant to section 1541.10 of 5,762
the Revised Code, and a state watercraft officer designated 5,763
pursuant to section 1547.521 of the Revised Code. 5,764
(10) "Retirement eligibility date" means the last day of 5,766
the month in which a deceased member would have first become 5,767
eligible, had the member lived, for the retirement pension 5,768
provided under section 145.33, division (C)(1) of section 742.37, 5,769
or division (A)(1) of section 5505.17 of the Revised Code or 5,770
provided by a retirement system operated by a municipal 5,771
corporation.
(11) "DEATH BENEFIT AMOUNT" MEANS AN AMOUNT EQUAL TO THE 5,773
FULL MONTHLY SALARY RECEIVED BY A DECEASED MEMBER PRIOR TO DEATH, 5,774
MINUS AN AMOUNT EQUAL TO THE BENEFIT RECEIVED UNDER SECTION 5,775
145.45, 742.37, 742.3714, OR 5505.17 OF THE REVISED CODE OR THE 5,776
BENEFIT RECEIVED FROM A RETIREMENT SYSTEM OPERATED BY A MUNICIPAL 5,777
CORPORATION, PLUS ANY INCREASES IN SALARY THAT WOULD HAVE BEEN
GRANTED THE DECEASED MEMBER. 5,778
(12) "KILLED IN THE LINE OF DUTY" INCLUDES DEATH FROM 5,780
INJURY IN THE LINE OF DUTY AND HEART ATTACK OR OTHER FATAL INJURY 5,781
OR ILLNESS CAUSED WHILE IN THE LINE OF DUTY. 5,782
(B) A spouse of a deceased member shall receive a death 5,784
benefit each month equal to the full monthly salary received by 5,785
129
the deceased member prior to the member's death, minus an amount 5,786
equal to the benefit received under section 145.45, 742.37, 5,787
742.3714, or 5505.17 of the Revised Code or the benefit received 5,788
from a retirement system operated by a municipal corporation, and 5,789
also shall receive any increases in salary that would have been 5,790
granted to the deceased DEATH BENEFIT AMOUNT, provided that the 5,791
deceased member was a fireman FIREFIGHTER or policeman POLICE 5,793
OFFICER killed in the line of duty or who died of injuries 5,795
sustained in the line of duty AND THERE ARE NO SURVIVING CHILDREN 5,796
ELIGIBLE FOR A BENEFIT UNDER THIS SECTION. The spouse of such a 5,797
deceased member shall receive this benefit during the spouse's 5,798
natural life until the earlier of the deceased member's 5,799
retirement eligibility date or the spouse's remarriage, on which 5,800
date the benefit provided under this division shall terminate. 5,801
(C)(1) If a member dies KILLED in the line of duty as a 5,803
fireman FIREFIGHTER or policeman or from injuries sustained in 5,805
the line of duty as a fireman or policeman including heart 5,806
attacks or other fatal injuries or illnesses caused while in the 5,807
line of duty, and POLICE OFFICER is survived only by a child or 5,809
children, then the child or children shall receive a benefit each 5,810
month equal to the full monthly salary received by the deceased 5,811
member prior to the member's death minus an amount equal to the 5,812
benefit or benefits received under section 145.45, 742.37, 5,813
742.3714, or 5505.17 of the Revised Code or the benefit or 5,814
benefits received from a retirement system operated by a 5,815
municipal corporation and also shall receive any increases in 5,816
salary which would have been granted to the deceased DEATH 5,817
BENEFIT AMOUNT. If there is more than one surviving child, the 5,818
benefit shall be divided equally among these children. When the 5,819
child reaches the age of eighteen, the benefit shall terminate 5,820
unless the child, because of physical or mental disability, is 5,821
unable to support himself, in which case the benefit shall 5,822
continue until the disability is removed. Benefits under this 5,823
division, however, shall continue to be paid to an unmarried 5,825
130
child under age twenty-two who is a student in and attending an 5,826
institution of learning or training pursuant to a program 5,827
designed to complete in each school year the equivalent of at 5,828
least two-thirds of the full-time curriculum requirements of the 5,829
institution, as determined by the board of trustees of the fund.
(2) IF THE DEATH BENEFIT PAID UNDER THIS DIVISION IS 5,831
DIVIDED AMONG TWO OR MORE SURVIVING CHILDREN AND ANY OF THE 5,832
CHILDREN BECOME INELIGIBLE TO CONTINUE RECEIVING A PORTION OF THE 5,833
BENEFIT AS PROVIDED IN DIVISION (H) OF THIS SECTION, THE FULL 5,834
DEATH BENEFIT AMOUNT SHALL BE PAID TO THE REMAINING ELIGIBLE 5,835
CHILD OR DIVIDED AMONG THE ELIGIBLE CHILDREN SO THAT THE BENEFIT
PAID TO THE REMAINING ELIGIBLE CHILD OR CHILDREN EQUALS THE FULL 5,836
DEATH BENEFIT AMOUNT. 5,837
(3) Notwithstanding division DIVISIONS (C)(1) AND (2) of 5,840
this section, all death benefits paid under this division shall 5,841
terminate on the deceased member's retirement eligibility date. 5,842
(D) If a member dies KILLED in the line of duty as a 5,844
fireman FIREFIGHTER or policeman or from injuries sustained in 5,847
the line of duty as a fireman or policeman, and POLICE OFFICER is 5,848
survived by both a spouse and a child or children, then the 5,849
monthly benefit provided shall be as follows: 5,850
(1)(a) If there is a surviving spouse and one surviving 5,852
child, then the spouse receives SHALL RECEIVE an amount EACH 5,854
MONTH equal to one-half of the full monthly salary received by 5,855
the deceased member prior to the member's death, plus any 5,856
increases in the salary which would have been granted to the 5,857
deceased, minus an amount equal to the benefit received under 5,858
section 145.45, 742.37, 742.3714, or 5505.17 of the Revised Code 5,859
or the benefit received from a retirement system operated by a 5,860
municipal corporation, DEATH BENEFIT AMOUNT and the child 5,862
receives SHALL RECEIVE an amount equal to one-half of the full 5,863
monthly salary received by the deceased member prior to the 5,864
member's death, plus any increases in salary which would have 5,865
been granted to the deceased, minus an amount equal to the 5,866
131
benefit received under section 145.45, 742.37, 742.3714, or 5,867
5505.17 of the Revised Code or the benefit received from a 5,868
retirement system operated by a municipal corporation DEATH 5,869
BENEFIT AMOUNT.
(b) IF THE SURVIVING SPOUSE BECOMES INELIGIBLE TO CONTINUE 5,871
RECEIVING A DEATH BENEFIT DUE TO DEATH, OR THE CHILD BECOMES 5,872
INELIGIBLE AS PROVIDED IN DIVISION (H) OF THIS SECTION, THE 5,873
SURVIVING SPOUSE OR CHILD REMAINING ELIGIBLE SHALL RECEIVE THE 5,874
FULL DEATH BENEFIT AMOUNT. 5,875
(2)(a) If there is a surviving spouse and more than one 5,877
child, then the spouse receives SHALL RECEIVE an amount EACH 5,879
MONTH equal to one-third of the full monthly salary received by 5,880
the deceased member prior to the member's death, plus any 5,881
increases in salary which would have been granted to the 5,882
deceased, minus an amount equal to the benefit received under 5,883
section 145.45, 742.37, 742.3714, or 5505.17 of the Revised Code 5,884
or the benefit received from a retirement system operated by a 5,885
municipal corporation, DEATH BENEFIT AMOUNT and the children 5,887
SHALL receive a benefit AN AMOUNT, which is equally divided among 5,888
them, equal to two-thirds of the full monthly salary received by 5,889
the deceased member prior to the member's death, plus any 5,890
increases in salary which would have been granted to the 5,891
deceased, minus an amount equal to the benefits received under 5,892
section 145.45, 742.37, 742.3714, or 5505.17 of the Revised Code 5,893
or the benefits received from a retirement system operated by a 5,894
municipal corporation DEATH BENEFIT AMOUNT. 5,895
(b) IF A SPOUSE AND MORE THAN ONE CHILD EACH ARE RECEIVING 5,897
A DEATH BENEFIT UNDER DIVISION (D)(2)(a) OF THIS SECTION AND THE 5,899
SPOUSE BECOMES INELIGIBLE TO RECEIVE A BENEFIT DUE TO DEATH, THE 5,900
CHILDREN SHALL RECEIVE AN AMOUNT EACH MONTH, EQUALLY DIVIDED 5,901
AMONG THEM, EQUAL TO THE FULL DEATH BENEFIT AMOUNT.
(c) IF A SPOUSE AND MORE THAN ONE CHILD EACH ARE RECEIVING 5,903
A BENEFIT UNDER DIVISION (D)(2)(a) OF THIS SECTION AND ANY OF THE 5,905
CHILDREN BECOMES INELIGIBLE TO RECEIVE A BENEFIT AS PROVIDED IN
132
DIVISION (H) OF THIS SECTION, THE SPOUSE AND REMAINING ELIGIBLE 5,906
CHILD OR CHILDREN SHALL RECEIVE A DEATH BENEFIT AS FOLLOWS: 5,907
(i) IF THERE ARE TWO OR MORE REMAINING ELIGIBLE CHILDREN, 5,909
THE SPOUSE SHALL RECEIVE AN AMOUNT EACH MONTH EQUAL TO ONE-THIRD 5,910
OF THE FULL DEATH BENEFIT AMOUNT AND THE CHILDREN SHALL RECEIVE 5,911
AN AMOUNT EACH MONTH, EQUALLY DIVIDED AMONG THEM, EQUAL TO 5,912
TWO-THIRDS OF THE FULL DEATH BENEFIT AMOUNT;
(ii) IF THERE IS ONE REMAINING ELIGIBLE CHILD, THE SPOUSE 5,914
SHALL RECEIVE AN AMOUNT EACH MONTH EQUAL TO ONE-HALF OF THE FULL 5,915
DEATH BENEFIT AMOUNT, AND THE CHILD SHALL RECEIVE AN AMOUNT EACH 5,916
MONTH EQUAL TO ONE-HALF OF THE FULL DEATH BENEFIT AMOUNT. 5,917
(d) IF A SPOUSE AND MORE THAN ONE CHILD EACH ARE RECEIVING 5,919
A BENEFIT UNDER DIVISION (D)(2)(a) OF THIS SECTION AND ALL OF THE 5,921
CHILDREN BECOME INELIGIBLE TO RECEIVE A BENEFIT AS PROVIDED IN
DIVISION (H) OF THIS SECTION, THE SPOUSE SHALL RECEIVE THE FULL 5,922
DEATH BENEFIT AMOUNT. 5,923
(3) Notwithstanding divisions (D)(1) and (2) of this 5,925
section, death benefits paid under this division to a surviving 5,926
spouse shall terminate at ON the earlier of the member's 5,927
retirement eligibility date or the spouse's remarriage. Death 5,929
benefits paid to a surviving child or children shall terminate on 5,930
the deceased member's retirement eligibility date unless earlier 5,931
terminated pursuant to division (C)(H) of this section. 5,932
(E) If a member dies, on or after January 1, 1980, IS 5,934
KILLED in the line of duty as a fireman FIREFIGHTER or policeman 5,936
or from injury sustained in the line of duty as a fireman or 5,937
policeman, including heart attacks or other fatal injuries or 5,938
illnesses caused while in the line of duty, POLICE OFFICER and is 5,939
survived by only a parent or parents dependent upon him THE 5,941
MEMBER for support, then the parent or parents shall receive a 5,943
benefit AN AMOUNT each month equal to the full monthly salary 5,944
received by the deceased member prior to the member's death minus 5,945
an amount equal to the benefit or benefits received under section 5,946
145.45, 742.37, or 5505.17 of the Revised Code or the benefit or 5,947
133
benefits received from a retirement system operated by a 5,948
municipal corporation and also shall receive any increases in 5,949
salary which would have been granted to the deceased DEATH 5,950
BENEFIT AMOUNT. If there is more than one surviving parent 5,952
dependent upon the deceased member for support, then the DEATH 5,953
benefit AMOUNT shall be divided equally among the surviving 5,954
parents. ON THE DEATH OF ONE OF THE SURVIVING PARENTS, THE FULL 5,955
DEATH BENEFIT AMOUNT SHALL BE PAID TO THE OTHER PARENT. 5,956
(F) A surviving spouse whose benefits are terminated in 5,958
accordance with division (B) or (D)(3) of this section on the 5,959
deceased member's retirement eligibility date, or who would 5,960
qualify for a benefit under division (B) or (D) of this section 5,961
except that the deceased member reached the member's retirement 5,962
eligibility date prior to the member's death, shall receive a 5,963
monthly death benefit under this division. The monthly death 5,965
benefit shall be one-half of an amount equal to the monthly 5,966
salary received by the deceased member prior to the member's 5,967
death, plus any SALARY increases in salary the DECEASED member 5,968
would have received prior to the member's retirement eligibility 5,971
date. The benefit shall terminate on the surviving spouse's 5,972
remarriage DEATH. A death benefit payable under this division 5,974
shall be reduced by an amount equal to any allowance or benefit 5,975
payable to the surviving spouse under section 742.3714 of the 5,976
Revised Code.
(G)(1) If a deceased member did THERE IS not have a 5,979
surviving spouse ELIGIBLE TO RECEIVE A DEATH BENEFIT UNDER 5,980
DIVISION (F) OF THIS SECTION or the surviving spouse is deceased 5,981
RECEIVING A DEATH BENEFIT UNDER THAT DIVISION BECOMES INELIGIBLE 5,983
TO RECEIVE THE BENEFIT DUE TO DEATH, a surviving child or 5,984
children whose benefits under division (C) or (D) of this section
are OR HAVE BEEN terminated pursuant to division (C)(2)(3) or 5,986
(D)(3) of this section or who would qualify for a benefit under 5,987
division (C) or (D) of this section except that the deceased 5,988
member reached the member's retirement eligibility date prior to 5,989
134
the member's death shall receive a monthly death benefit under 5,990
this division. The monthly death benefit shall be one-half of an 5,991
amount equal to the monthly salary received by the deceased 5,992
member prior to the member's death, plus any SALARY increases in 5,993
salary the member would have received prior to the member's 5,995
retirement eligibility date. If there is more than one surviving
child, the benefit shall be divided equally among the surviving 5,996
children. When a child reaches the age of eighteen the portion 5,997
of the benefit payable to that child shall terminate unless 5,998
either of the following applies: 5,999
(1) The child, because of a physical or mental disability, 6,002
is unable to support himself or herself, in which case the 6,003
benefit shall continue until the disability is removed. 6,004
(2) The child is an unmarried child under age twenty-two 6,006
and a student in and attending an institution of learning or 6,007
training pursuant to a program designed to complete in each 6,008
school year the equivalent of at least two-thirds of the 6,009
full-time curriculum requirements of the institution, as 6,010
determined by the board of trustees of the fund. 6,011
(2) IF TWO OR MORE SURVIVING CHILDREN EACH ARE RECEIVING A 6,013
BENEFIT UNDER THIS DIVISION AND ANY OF THOSE CHILDREN BECOMES 6,014
INELIGIBLE TO CONTINUE RECEIVING A BENEFIT AS PROVIDED IN 6,015
DIVISION (H) OF THIS SECTION, THE REMAINING ELIGIBLE CHILD OR 6,016
CHILDREN SHALL RECEIVE AN AMOUNT EQUAL TO ONE-HALF OF THE MONTHLY 6,017
SALARY RECEIVED BY THE DECEASED MEMBER PRIOR TO DEATH, PLUS ANY 6,018
SALARY INCREASES THE DECEASED MEMBER WOULD HAVE RECEIVED PRIOR TO 6,019
THE RETIREMENT ELIGIBILITY DATE. IF THERE IS MORE THAN ONE
REMAINING ELIGIBLE CHILD, THE BENEFIT SHALL BE DIVIDED EQUALLY 6,020
AMONG THE ELIGIBLE CHILDREN. 6,021
(3) A death benefit, or portion of a death benefit, 6,023
payable to a surviving child under this division shall be reduced 6,024
by an amount equal to any allowance or benefit payable to that 6,025
child under section 742.3714 of the Revised Code, but the 6,026
reduction in that child's benefit shall not affect the amount 6,027
135
payable to any other surviving child entitled to a portion of the 6,028
death benefit.
(H) The termination, or reduction in amount of, any 6,030
survivor's portion of a death benefit that has been divided among 6,031
two or more survivors pursuant to division (C), (D), or (G) of 6,032
this section shall not affect the amount payable to the other 6,033
survivors entitled to a portion of the death benefit. A DEATH 6,034
BENEFIT PAID TO A SURVIVING CHILD UNDER DIVISION (C), (D), OR (G) 6,036
OF THIS SECTION SHALL TERMINATE ON THE DEATH OF THE CHILD OR,
UNLESS ONE OF THE FOLLOWING IS THE CASE, WHEN THE CHILD REACHES 6,037
AGE EIGHTEEN:
(1) THE CHILD, BECAUSE OF PHYSICAL OR MENTAL DISABILITY, 6,039
IS UNABLE TO PROVIDE OWN SUPPORT, IN WHICH CASE THE DEATH BENEFIT 6,040
SHALL TERMINATE WHEN THE DISABILITY IS REMOVED; 6,041
(2) THE CHILD IS UNMARRIED, UNDER AGE TWENTY-TWO, AND A 6,043
STUDENT IN AND ATTENDING AN INSTITUTION OF LEARNING OR TRAINING 6,044
PURSUANT TO A PROGRAM DESIGNED TO COMPLETE IN EACH SCHOOL YEAR 6,045
THE EQUIVALENT OF AT LEAST TWO-THIRDS OF THE FULL-TIME CURRICULUM 6,046
REQUIREMENTS OF THE INSTITUTION, AS DETERMINED BY THE TRUSTEES OF 6,047
THE FUND.
(I) Acceptance of any death benefit under this section 6,049
does not prohibit a spouse or child from receiving other benefits 6,050
provided under the police and firemen's disability and pension 6,051
fund, the state highway patrol retirement system, the public 6,052
employees retirement system, or a retirement system operated by a 6,053
municipal corporation. 6,054
(J) No person shall receive a benefit under this section 6,056
if any of the following occur: 6,057
(1) The person fails to exercise the right to a monthly 6,059
survivor benefit under division (A) or (B) of section 145.45, 6,060
division (D), (E), or (F) of section 742.37, or division (A)(3), 6,061
(4), or (7) of section 5505.17 of the Revised Code; to a monthly 6,062
survivor benefit from a retirement system operated by a municipal 6,063
corporation; or to a retirement allowance under section 742.3714 6,064
136
of the Revised Code. 6,065
(2) The member's accumulated contributions under this 6,067
chapter or Chapter 145. or 5505. of the Revised Code are refunded 6,068
unless the member had been a member of the public employees 6,069
retirement system and had fewer than eighteen months of total 6,070
service credit at the time of death. 6,071
(3) In the case of a full-time park district ranger or 6,073
patrolman PATROL TROOPER, a full-time law enforcement officer of 6,074
the department of natural resources, a full-time law enforcement 6,076
officer of parks, waterway lands, or reservoir lands under the 6,077
control of a municipal corporation, a full-time law enforcement 6,078
officer of a conservancy district, a correction officer at an 6,079
institution under the control of a county, group of counties, or 6,080
municipal corporation, or a member of a retirement system 6,081
operated by a municipal corporation who at the time of his THE 6,082
MEMBER'S death was a full-time law enforcement officer of parks, 6,084
waterway lands, or reservoir lands under the control of the 6,085
municipal corporation, the member died prior to April 9, 1981, in 6,086
the case of a benefit under division (B), (C), or (D) of this 6,087
section, or prior to January 1, 1980, in the case of a benefit 6,088
under division (E) of this section. 6,089
(4) In the case of a full-time liquor control investigator 6,091
of the department of public safety, the member died prior to 6,092
December 23, 1986. 6,093
Sec. 3307.01. As used in this chapter: 6,102
(A) "Employer" means the board of education, school 6,104
district, governing authority of any community school established 6,105
under Chapter 3314. of the Revised Code, college, university, 6,106
institution, or other agency within the state by which a teacher 6,108
is employed and paid.
(B) "Teacher" means any person paid from public funds and 6,110
employed in the public schools of the state under any type of 6,111
contract described in section 3319.08 of the Revised Code in a 6,112
position for which the person is required to have a license 6,114
137
issued pursuant to sections 3319.22 to 3319.31 of the Revised 6,115
Code; any person employed as a teacher by a community school 6,116
pursuant to Chapter 3314. of the Revised Code; and any other 6,118
teacher or faculty member employed in any school, college, 6,119
university, institution, or other agency wholly controlled and 6,120
managed, and supported in whole or in part, by the state or any 6,121
political subdivision thereof, including Central state 6,122
university, Cleveland state university, the university of Toledo, 6,123
and the medical college of Ohio at Toledo. The educational 6,124
employees of the department of education, as determined by the 6,125
state superintendent of public instruction, shall be considered 6,126
teachers for the purpose of membership in this system. In all 6,127
cases of doubt, the state teachers retirement board shall 6,128
determine whether any person is a teacher, and its decision shall 6,129
be final.
"Teacher" does not include any academic or administrative 6,131
employee of a public institution of higher education, as defined 6,132
in section 3305.01 of the Revised Code, who participates in an 6,133
alternative retirement plan established under Chapter 3305. of 6,134
the Revised Code.
(C) "Prior service" means all service as a teacher before 6,136
September 1, 1920, military service credit, all service prior to 6,137
September 1, 1920, as an employee of any employer who comes 6,138
within the public employees retirement system, the school 6,139
employees retirement system, or any other state retirement system 6,140
established under the laws of Ohio, and similar service in 6,141
another state, credit for which was procured by a member under 6,142
section 3307.33 of the Revised Code, prior to June 25, 1945. 6,143
Prior service credit shall not be granted to any member for 6,144
service for which credit or benefits have been received in any 6,145
other state retirement system in Ohio or for credit that was 6,146
forfeited by withdrawal of contributions, unless the credit has 6,147
been restored. If the teacher served as an employee in any two 6,148
or all of the capacities, "prior service" means the total 6,149
138
combined service in the capacities prior to September 1, 1920. 6,150
If a teacher who has been granted prior service credit for 6,152
service rendered prior to September 1, 1920, as an employee of an 6,153
employer who comes within the public employees retirement system 6,154
or the school employees retirement system, establishes, 6,155
subsequent to September 16, 1957, and before retirement, three 6,156
years of contributing service in the public employees retirement 6,157
system, or one year in the school employees retirement system, 6,158
the prior service credit granted shall become, at retirement, the 6,160
liability of the other system if the prior service or employment 6,162
was in a capacity covered by that system.
(D) "Total service," "total service credit," except as 6,164
provided in section 3307.41 of the Revised Code, or "Ohio service 6,165
credit" means all service of a member of the state teachers 6,166
retirement system since last becoming a member and, in addition 6,167
thereto, restored service credit under section 3307.28, all prior 6,168
service credit, all military service credit computed as provided 6,170
in this chapter, and all other service credit established under 6,171
sections 3307.31, 3307.311, 3307.32, 3307.35, 3307.411, 3307.412, 6,172
3307.51, 3307.512, 3307.513, and 3307.73 and former section
3307.52 of the Revised Code, and Section 3 of Amended Substitute 6,173
Senate Bill No. 530 of the 114th general assembly. All service 6,174
credit purchased under section 3307.33 of the Revised Code shall 6,175
be used exclusively for the purpose of qualifying for service 6,176
retirement. 6,177
(E) "Member" means any person included in the membership 6,179
of the state teachers retirement system, which shall consist of 6,180
all teachers and contributors as defined in divisions (B) and (F) 6,181
of this section and all disability benefit recipients. However, 6,182
for purposes of this chapter, the following persons shall not be 6,183
considered members: 6,184
(1) A student, intern, or resident who is not a member 6,186
while employed part-time by a school, college, or university at 6,188
which the student, intern, or resident is regularly attending 6,189
139
classes;
(2) A person denied membership pursuant to section 3307.27 6,191
of the Revised Code; 6,192
(3) A superannuate or other system retirant as defined in 6,194
section 3307.381 of the Revised Code; 6,195
(4) An individual employed in a program established 6,197
pursuant to the "Job Training Partnership Act," 96 Stat. 1322 6,198
(1982), 29 U.S.C.A. 1501. 6,199
(F) "Contributor" means any person who has an account in 6,201
the teachers' savings fund. 6,202
(G) "Beneficiary" means any person eligible to receive, or 6,204
in receipt of, a retirement allowance or other benefit provided 6,205
by this chapter. 6,206
(H)(1) "Service retirement" means retirement as provided 6,208
in section 3307.38 or 3307.39 of the Revised Code. 6,209
(2) "Disability retirement" means retirement as provided 6,211
in section 3307.43 of the Revised Code. 6,212
(I) "Accumulated contributions" means the sum of all 6,214
amounts credited to a contributor's individual account in the 6,215
teachers' savings fund, together with interest credited thereon 6,216
at the rates approved by the state teachers retirement board 6,217
prior to retirement. 6,218
(J) "Annuity" means payments for life derived from 6,220
contributions made by a contributor and paid from the annuity and 6,221
pension reserve fund. All annuities shall be paid in twelve 6,222
equal monthly installments. 6,223
(K) "Pensions" means annual payments for life derived from 6,225
appropriations made by an employer and paid from the annuity and 6,226
pension reserve fund. All pensions shall be paid in twelve equal 6,227
monthly installments. 6,228
(L)(1) "Allowance" or "benefit" means the pension plus the 6,230
annuity, or any other payment under this chapter, and includes a 6,231
disability allowance or disability benefit. 6,232
(2) "Disability allowance" means an allowance paid on 6,234
140
account of disability under section 3307.431 of the Revised Code. 6,235
(3) "Disability benefit" means a benefit paid as 6,237
disability retirement under section 3307.43 of the Revised Code, 6,238
as a disability allowance under section 3307.431 of the Revised 6,239
Code, or as a disability benefit under section 3307.41 of the 6,240
Revised Code. 6,241
(M) "Annuity reserve" means the present value, computed 6,243
upon the basis of mortality tables adopted by the state teachers 6,244
retirement board with interest, of all payments to be made on 6,245
account of any annuity, or benefit in lieu of any annuity, 6,246
granted to a member. 6,247
(N) "Pension reserve" means the present value, computed 6,249
upon the basis of mortality tables adopted by the state teachers 6,250
retirement board with interest, of all payments to be made on 6,251
account of any pension, or benefit in lieu of any pension, 6,252
granted to a member or to a beneficiary. 6,253
(O) "Year" means the year beginning the first day of July 6,255
and ending with the thirtieth day of June next following, except 6,256
that for the purpose of determining final average salary, "year" 6,257
may mean the contract year. 6,258
(P) "Local district pension system" means any school 6,260
teachers pension fund created in any school district of the state 6,261
in accordance with the laws of the state prior to September 1, 6,262
1920. 6,263
(Q) "Employer contribution" means the amount paid by an 6,265
employer, as determined by the employer rate, including the 6,266
normal and deficiency rates, contributions, and funds wherever 6,267
used in this chapter. 6,268
(R) "Five years of service credit," for the exclusive 6,270
purpose of satisfying the service credit requirements and 6,271
determining eligibility for benefits under section 3307.38 of the 6,272
Revised Code, means employment covered under this chapter and 6,273
employment covered under a former retirement plan operated, 6,274
recognized, or endorsed by a college, institute, university, or 6,275
141
political subdivision of this state prior to coverage under this 6,276
chapter. 6,277
(S) "Actuary" means the actuarial consultant to the state 6,279
teachers retirement board, who shall be either of the following: 6,280
(1) A member of the American academy of actuaries; 6,282
(2) A firm, partnership, or corporation of which at least 6,284
one person is a member of the American academy of actuaries. 6,285
(T) "Fiduciary" means a person who does any of the 6,287
following: 6,288
(1) Exercises any discretionary authority or control with 6,290
respect to the management of the system, or with respect to the 6,291
management or disposition of its assets; 6,292
(2) Renders investment advice for a fee, direct or 6,294
indirect, with respect to money or property of the system; 6,295
(3) Has any discretionary authority or responsibility in 6,297
the administration of the system. 6,298
(U)(1) Except as otherwise provided in this division, 6,300
"compensation" means all salary, wages, and other earnings paid 6,301
to a teacher by reason of the teacher's employment, including 6,302
compensation paid pursuant to a supplemental contract. The 6,303
salary, wages, and other earnings shall be determined prior to 6,304
determination of the amount required to be contributed to the 6,305
teachers' savings fund under section 3307.51 of the Revised Code 6,306
and without regard to whether any of the salary, wages, or other 6,307
earnings are treated as deferred income for federal income tax 6,308
purposes.
(2) Compensation does not include any of the following: 6,310
(a) Payments for accrued but unused sick leave or personal 6,312
leave, including payments made under a plan established pursuant 6,313
to section 124.39 of the Revised Code or any other plan 6,314
established by the employer; 6,315
(b) Payments made for accrued but unused vacation leave, 6,317
including payments made pursuant to section 124.13 of the Revised 6,318
Code or a plan established by the employer; 6,319
142
(c) Payments made for vacation pay covering concurrent 6,321
periods for which other salary, compensation, or benefits under 6,322
this chapter are paid; 6,323
(d) Amounts paid by the employer to provide life 6,325
insurance, sickness, accident, endowment, health, medical, 6,326
hospital, dental, or surgical coverage, or other insurance for 6,327
the teacher or the teacher's family, or amounts paid by the 6,328
employer to the teacher in lieu of providing the insurance; 6,329
(e) Incidental benefits, including lodging, food, laundry, 6,331
parking, or services furnished by the employer, use of the 6,332
employer's property or equipment, and reimbursement for 6,333
job-related expenses authorized by the employer, including moving 6,334
and travel expenses and expenses related to professional 6,335
development; 6,336
(f) Payments made by the employer in exchange for a 6,338
member's waiver of a right to receive any payment, amount, or 6,339
benefit described in division (U)(2) of this section; 6,340
(g) Payments by the employer for services not actually 6,342
rendered; 6,343
(h) Any amount paid by the employer as a retroactive 6,345
increase in salary, wages, or other earnings, unless the increase 6,346
is one of the following: 6,347
(i) A retroactive increase paid to a member employed by a 6,349
school district board of education in a position that requires a 6,350
license designated for teaching and not designated for being an 6,351
administrator issued under section 3319.22 of the Revised Code 6,352
that is paid in accordance with uniform criteria applicable to 6,353
all members employed by the board in positions requiring the 6,354
licenses; 6,355
(ii) A retroactive increase paid to a member employed by a 6,357
school district board of education in a position that requires a 6,358
license designated for being an administrator issued under 6,359
section 3319.22 of the Revised Code that is paid in accordance 6,360
with uniform criteria applicable to all members employed by the 6,361
143
board in positions requiring the licenses; 6,362
(iii) A retroactive increase paid to a member employed by 6,364
a school district board of education as a superintendent that is 6,365
also paid as described in division (U)(2)(h)(i) of this section; 6,366
(iv) A retroactive increase paid to a member employed by 6,368
an employer other than a school district board of education in 6,369
accordance with uniform criteria applicable to all members 6,370
employed by the employer. 6,371
(i) Payments made to or on behalf of a teacher that are in 6,373
excess of the annual compensation that may be taken into account 6,374
by the retirement system under division (a)(17) of section 401 of 6,375
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 6,376
401(a)(17), as amended. For a teacher who first establishes 6,377
membership before July 1, 1996, the annual compensation that may 6,378
be taken into account by the retirement system shall be 6,379
determined under division (d)(3) of section 13212 of the "Omnibus 6,380
Budget Reconciliation Act of 1993," Pub. L. 103-66, 107 Stat. 6,382
472.
(j) Payments made under division (B) or (D) of section 6,384
5923.05 of the Revised Code or Section 4 of Substitute Senate 6,386
Bill No. 3 of the 119th general assembly; 6,387
(k) Anything of value received by the teacher that is 6,389
based on or attributable to retirement or an agreement to retire. 6,390
(3) The retirement board shall determine by rule both of 6,392
the following: 6,393
(a) Whether particular forms of earnings are included in 6,395
any of the categories enumerated in this division; 6,396
(b) Whether any form of earnings not enumerated in this 6,398
division is to be included in compensation. 6,399
Decisions of the board made under this division shall be 6,401
final. 6,402
(V) "Retirant" means any former member who is granted age 6,404
and service retirement as provided in sections 3307.38, 3307.39, 6,405
3307.41, and 3307.50 of the Revised Code. 6,406
144
(W) "Disability benefit recipient" means a member who is 6,408
receiving a disability benefit. 6,409
Sec. 3307.04. The general administration and the 6,418
management of the state teachers retirement system is hereby 6,419
vested in the state teachers retirement board, which shall adopt 6,420
rules and regulations necessary for the fulfillment of its duties 6,421
and responsibility RESPONSIBILITIES under Chapter 3307. of the 6,422
Revised Code. The board shall adopt policies for the operation 6,423
of the system, and the investment of funds as provided by section 6,424
3307.15 of the Revised Code, and may authorize its administrative
officers, or committees composed of board members, to act for the 6,425
board in accord with such policies and subject to subsequent 6,426
approval by the board.
The attorney general shall prescribe procedures for the 6,428
adoption of rules authorized under this chapter, consistent with 6,429
the provision of section 111.15 of the Revised Code under which 6,430
all rules shall be filed in order to be effective. Such 6,431
procedures shall establish methods by which notice of proposed 6,432
rules are IS given to interested parties and rules adopted by the 6,433
board published and otherwise made available. WHEN IT FILES A 6,434
RULE WITH THE JOINT COMMITTEE ON AGENCY RULE REVIEW PURSUANT TO 6,435
SECTION 111.15 OF THE REVISED CODE, THE BOARD SHALL SUBMIT TO THE 6,438
OHIO RETIREMENT STUDY COUNCIL A COPY OF THE FULL TEXT OF THE 6,439
RULE, AND IF APPLICABLE, A COPY OF THE RULE SUMMARY AND FISCAL 6,442
ANALYSIS REQUIRED BY DIVISION (B) OF SECTION 127.18 OF THE 6,444
REVISED CODE. 6,445
All rules adopted pursuant to this chapter, prior to the 6,447
effective date of this section AUGUST 20, 1976, shall be 6,448
published and made available to interested parties by January 1, 6,449
1977.
Sec. 3307.411. (A) A member of the state teachers 6,458
retirement system shall, in computing years of total service, be 6,459
given full credit for time served in an Ohio police or fire 6,460
department and covered under Chapter 742. or former Chapter 521. 6,461
145
or 741. of the Revised Code, in the state highway patrol and 6,462
covered under Chapter 5505. of the Revised Code, in the public 6,463
employees retirement system under Chapter 145. of the Revised 6,464
Code, or in the school employees retirement system under Chapter 6,465
3309. of the Revised Code, provided that the member pays to the 6,466
state teachers retirement system the amount specified in division 6,467
(B) of this section. 6,468
(B)(1) Except as otherwise provided in division (B)(2) of 6,470
this section, for each year of service purchased under division 6,471
(A) of this section, a member shall pay the amount he THE MEMBER 6,472
would have paid through regular salary deductions had he THE 6,474
MEMBER been a member of the state teachers retirement system 6,476
during his THE MEMBER'S prior employment, with compound interest 6,478
as determined by the state teachers retirement board. 6,479
(2) For each year of service described in division (A) of 6,481
this section that commenced on or after July 1, 1989, and, 6,482
regardless of when the service commenced, for each year of 6,483
service purchased under division (A) of this section by a member 6,484
who first established membership in the retirement system on or 6,485
after July 1, 1989, a member shall pay an amount specified by the 6,486
state teachers retirement board which shall be not less than 6,487
fifty per cent of the additional liability resulting from the 6,488
purchase of that year of service as determined by an actuary 6,489
employed by the board. 6,490
(C) A member may choose to purchase only part of the 6,492
credit he THE MEMBER is eligible to purchase under this section 6,493
in any one payment, subject to board rules. 6,495
A member is ineligible to purchase under this section 6,497
service that is used in the calculation of any retirement benefit 6,498
currently being paid or payable in the future to the member. 6,499
Sec. 3307.412. (A) A MEMBER OF THE STATE TEACHERS 6,502
RETIREMENT SYSTEM WHO HAS CONTRIBUTIONS ON DEPOSIT WITH THE 6,503
POLICE AND FIREMEN'S DISABILITY AND PENSION FUND OR THE STATE 6,504
HIGHWAY PATROL RETIREMENT SYSTEM SHALL, IN COMPUTING YEARS OF 6,505
146
TOTAL SERVICE, BE GIVEN FULL CREDIT FOR SERVICE CREDIT EARNED 6,506
UNDER CHAPTER 742. OR 5505. OF THE REVISED CODE OR PURCHASED FOR 6,510
SERVICE IN THE ARMED FORCES OF THE UNITED STATES IF A TRANSFER TO 6,513
THE STATE TEACHERS RETIREMENT SYSTEM IS MADE UNDER THIS DIVISION. 6,514
AT THE REQUEST OF THE MEMBER, THE POLICE AND FIREMEN'S DISABILITY 6,516
AND PENSION FUND OR STATE HIGHWAY PATROL RETIREMENT SYSTEM SHALL 6,517
TRANSFER TO THE STATE TEACHERS RETIREMENT SYSTEM THE SUM OF THE 6,518
FOLLOWING:
(1) AN AMOUNT EQUAL TO THE MEMBER'S PAYMENTS FOR SERVICE 6,521
IN THE ARMED FORCES OF THE UNITED STATES AND ACCUMULATED 6,523
CONTRIBUTIONS TO THE TRANSFERRING FUND OR SYSTEM; 6,524
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 6,526
CONTRIBUTIONS TO THE POLICE AND FIREMEN'S DISABILITY AND PENSION 6,527
FUND OR STATE HIGHWAY PATROL RETIREMENT SYSTEM OR THE AMOUNT THAT 6,529
WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE HAD 6,530
THE MEMBER BEEN A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM; 6,531
(3) INTEREST, DETERMINED AS PROVIDED IN DIVISION (E) OF 6,534
THIS SECTION, ON THE AMOUNTS SPECIFIED IN DIVISIONS (A)(1) AND 6,536
(2) OF THIS SECTION FROM THE DATE THE LAST CONTRIBUTION WAS MADE 6,537
UNDER CHAPTER 742. OR 5505. OF THE REVISED CODE TO THE DATE THE 6,540
TRANSFER IS MADE. 6,541
(B) A MEMBER WHO HAS AT LEAST EIGHTEEN MONTHS OF 6,544
CONTRIBUTING SERVICE WITH THE STATE TEACHERS RETIREMENT SYSTEM, 6,545
IS A FORMER MEMBER OF THE POLICE AND FIREMEN'S DISABILITY AND 6,546
PENSION FUND OR STATE HIGHWAY PATROL RETIREMENT SYSTEM, AND HAS 6,547
RECEIVED A REFUND OF CONTRIBUTIONS TO THAT FUND OR SYSTEM SHALL, 6,548
IN COMPUTING YEARS OF TOTAL SERVICE, BE GIVEN FULL CREDIT FOR 6,549
SERVICE CREDIT EARNED UNDER CHAPTER 742. OR 5505. OF THE REVISED 6,551
CODE OR PURCHASED FOR SERVICE IN THE ARMED FORCES OF THE UNITED 6,555
STATES IF, FOR EACH YEAR OF SERVICE, THE STATE TEACHERS 6,556
RETIREMENT SYSTEM RECEIVES THE SUM OF THE FOLLOWING: 6,557
(1) AN AMOUNT, WHICH SHALL BE PAID BY THE MEMBER, EQUAL TO 6,560
THE AMOUNT REFUNDED BY THE POLICE AND FIREMEN'S DISABILITY AND 6,561
PENSION FUND OR THE STATE HIGHWAY PATROL RETIREMENT SYSTEM TO THE 6,562
147
MEMBER FOR THAT YEAR FOR ACCUMULATED CONTRIBUTIONS AND PAYMENTS 6,563
FOR PURCHASE OF CREDIT FOR SERVICE IN THE ARMED FORCES OF THE 6,564
UNITED STATES, WITH INTEREST FROM THE DATE OF THE LAST 6,566
CONTRIBUTION UNDER CHAPTER 742. OR 5505. OF THE REVISED CODE TO 6,569
THE DATE OF THE TRANSFER; 6,570
(2) AN AMOUNT, WHICH SHALL BE TRANSFERRED BY THE POLICE 6,572
AND FIREMEN'S DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL 6,574
RETIREMENT SYSTEM, EQUAL TO THE LESSER OF THE AMOUNT CONTRIBUTED 6,575
BY THE EMPLOYER TO THE POLICE AND FIREMEN'S DISABILITY AND 6,576
PENSION FUND OR STATE HIGHWAY PATROL RETIREMENT SYSTEM FOR THAT 6,577
YEAR OR THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE 6,578
EMPLOYER FOR THE YEAR HAD THE MEMBER BEEN A MEMBER OF THE STATE 6,579
TEACHERS RETIREMENT SYSTEM, WITH INTEREST FROM THE DATE OF THE 6,580
LAST CONTRIBUTION UNDER CHAPTER 742. OR 5505. OF THE REVISED CODE 6,584
TO THE DATE OF THE TRANSFER. 6,585
ON RECEIPT OF PAYMENT FROM THE MEMBER, THE STATE TEACHERS 6,588
RETIREMENT SYSTEM SHALL NOTIFY THE POLICE AND FIREMEN'S
DISABILITY AND PENSION FUND OR THE STATE HIGHWAY PATROL 6,589
RETIREMENT SYSTEM, WHICH, ON RECEIPT OF THE NOTICE, SHALL MAKE 6,590
THE TRANSFER REQUIRED BY THIS DIVISION. INTEREST SHALL BE 6,591
DETERMINED AS PROVIDED IN DIVISION (E) OF THIS SECTION. 6,593
A MEMBER MAY CHOOSE TO PURCHASE ONLY PART OF THE CREDIT THE 6,596
MEMBER IS ELIGIBLE TO PURCHASE UNDER THIS DIVISION IN ANY ONE 6,597
PAYMENT, SUBJECT TO RULES OF THE STATE TEACHERS RETIREMENT BOARD. 6,598
(C) A MEMBER IS INELIGIBLE TO OBTAIN CREDIT UNDER THIS 6,601
SECTION FOR SERVICE THAT IS USED IN THE CALCULATION OF ANY 6,602
RETIREMENT BENEFIT CURRENTLY BEING PAID OR PAYABLE IN THE FUTURE. 6,603
(D) IF A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM 6,606
WHO IS NOT A CURRENT CONTRIBUTOR ELECTS TO OBTAIN CREDIT UNDER 6,607
SECTION 742.379 OR 5505.202 OF THE REVISED CODE FOR SERVICE FOR 6,608
WHICH THE MEMBER CONTRIBUTED TO THE STATE TEACHERS RETIREMENT 6,609
SYSTEM OR PURCHASED CREDIT FOR SERVICE IN THE ARMED FORCES OF THE 6,610
UNITED STATES, THE STATE TEACHERS RETIREMENT SYSTEM SHALL 6,613
TRANSFER TO THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND 6,614
148
OR STATE HIGHWAY PATROL RETIREMENT SYSTEM, AS APPLICABLE, THE 6,615
AMOUNT SPECIFIED IN DIVISION (C)(2) OF SECTION 742.379 OR 6,616
DIVISION (B)(2) OF SECTION 5505.202 OF THE REVISED CODE. 6,618
(E) INTEREST CHARGED FOR ANY SERVICE CREDIT OBTAINED UNDER 6,621
THIS SECTION SHALL BE CALCULATED SEPARATELY FOR EACH YEAR OF 6,622
SERVICE CREDIT AT THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR 6,623
THAT YEAR OF THE STATE TEACHERS RETIREMENT SYSTEM OR OF THE FUND 6,624
OR RETIREMENT SYSTEM IN WHICH THE CREDIT WAS EARNED. THE 6,625
INTEREST SHALL BE COMPOUNDED ANNUALLY. 6,626
Sec. 3307.42. (A) The state teachers retirement system 6,635
shall provide disability coverage to each member who has at least 6,636
five years of total service credit. 6,637
Not later than October 16, 1992, the state teachers 6,639
retirement board shall give each person who is a member on the 6,640
effective date of this amendment JULY 29, 1992, the opportunity 6,642
to elect disability coverage either under section 3307.43 of the 6,643
Revised Code or under section 3307.431 of the Revised Code. The
board shall mail notice of the election, accompanied by an 6,644
explanation of the coverage under each of the Revised Code 6,645
sections and a form on which the election is to be made, to each 6,646
member at his THE MEMBER'S last known address. The board shall 6,647
also provide the explanation and form to any member at his ON THE 6,648
MEMBER'S request.
Regardless of whether the member actually receives notice 6,650
of his THE right to make an election, a member who fails to file 6,651
a valid election under this section shall be considered to have 6,652
elected disability coverage under section 3307.43 of the Revised 6,653
Code. To be valid, an election must be made on the form provided 6,654
by the retirement board, signed by the member, and filed with the 6,655
board not later than one hundred eighty days after the date the 6,656
notice was mailed, or, in the case of a form provided at the 6,657
request of a member, a date specified by rule of the retirement 6,658
board. Once made, an election is irrevocable, but if the member 6,659
ceases to be a member of the retirement system, the election is 6,660
149
void. If a person who makes an election under this section also 6,661
makes an election under section 145.35 or 3309.39 of the Revised 6,662
Code, the election made for the system that pays a disability 6,663
benefit to that person shall govern the benefit. 6,664
Disability coverage shall be provided under section 6,666
3307.431 of the Revised Code for persons who become members after 6,667
the effective date of this amendment JULY 29, 1992, and for 6,669
members who elect under this division to be covered under section 6,670
3307.431 of the Revised Code. 6,671
The retirement board may adopt rules governing elections 6,673
made under this division. 6,674
(B) Application for a disability benefit may be made by a 6,676
member, by a person acting in his THE MEMBER'S behalf, or by the 6,677
member's employer, provided the member has at least five years of 6,679
total service credit and has disability coverage under section 6,680
3307.43 or 3307.431 of the Revised Code. The application for a 6,681
disability benefit shall be made on a form approved by the state 6,682
teachers retirement board. The benefit payable to any member 6,683
whose application is approved shall become effective on the first 6,684
day of the month next following the later of the following: 6,685
(1) The last day for which compensation was paid; 6,687
(2) The attainment of eligibility for a disability 6,689
benefit. 6,690
(C) NOT LATER THAN FOURTEEN DAYS AFTER RECEIVING AN 6,692
APPLICATION FOR A DISABILITY BENEFIT FROM A MEMBER OR A PERSON 6,693
ACTING ON BEHALF OF A MEMBER, THE BOARD SHALL NOTIFY THE MEMBER'S 6,695
EMPLOYER THAT AN APPLICATION HAS BEEN FILED. THE NOTICE SHALL 6,696
STATE THE MEMBER'S NAME AND SOCIAL SECURITY NUMBER. NOT LATER 6,697
THAN TWENTY-EIGHT DAYS AFTER RECEIVING THE NOTICE OR FILING AN 6,698
APPLICATION ON BEHALF OF A MEMBER, THE EMPLOYER SHALL FORWARD TO 6,699
THE BOARD A STATEMENT CERTIFYING THE MEMBER'S JOB DESCRIPTION AND 6,701
ANY OTHER INFORMATION REQUIRED BY THE BOARD TO PROCESS THE
APPLICATION. THE BOARD SHALL MAINTAIN THE INFORMATION SUBMITTED 6,702
BY THE EMPLOYER IN THE MEMBER'S FILE. 6,703
150
(D) Medical examination of the member shall be conducted 6,705
by a competent, disinterested physician or physicians selected by 6,706
the retirement board to determine whether the member is mentally 6,707
or physically incapacitated for the performance of duty by a 6,708
disabling condition, either permanent or presumed to be permanent 6,709
for twelve continuous months following the filing of an 6,710
application. Such THE disability must have occurred since last 6,712
becoming a member, or it must have increased since last becoming 6,713
a member to such an extent as to make the disability permanent or 6,714
presumably permanent for twelve continuous months following the 6,715
filing of an application. 6,716
(D)(E) Application for a disability benefit must be made 6,718
within two years from the date the member's contributing service 6,719
terminated, unless the retirement board determines that the 6,720
member's medical records demonstrate conclusively that at the 6,721
time the two-year period expired, the member was physically or 6,722
mentally incapacitated for duty as a teacher and unable to make 6,723
application. Application may not be made by any person receiving 6,724
service retirement benefits under section 3307.38 or 3307.39 of 6,725
the Revised Code or any person who, pursuant to section 3307.46 6,726
of the Revised Code, has been paid the accumulated contributions 6,727
standing to the credit of his THE PERSON'S individual account in 6,728
the teachers' savings fund. 6,729
(E)(F) If such THE physician or physicians determine that 6,732
the member qualifies for a disability benefit, and the retirement 6,733
board concurs with such THE determination, AND THE MEMBER AGREES 6,735
TO MEDICAL TREATMENT AS SPECIFIED IN DIVISION (H) OF THIS 6,736
SECTION, the member shall receive a disability benefit under 6,737
section 3307.43 or 3307.431 of the Revised Code. If such 6,738
physician or physicians determine that the member does not 6,739
qualify for a disability benefit, the report of the examiner or 6,740
examiners shall be evaluated by a board of medical review 6,741
composed of three physicians appointed by the retirement board. 6,742
(F)(G) The state teachers retirement board shall render an 6,744
151
order determining whether or not the applicant shall be granted a 6,745
disability benefit. Notification to the applicant shall be 6,746
issued, and upon the request of an applicant who is denied a 6,747
disability benefit, a hearing or appeal relative to such order 6,748
shall be conducted in accordance with procedures established by 6,749
the retirement board. 6,750
(G)(H) THE STATE TEACHERS RETIREMENT BOARD SHALL ADOPT 6,752
RULES REQUIRING EACH DISABILITY BENEFIT RECIPIENT TO AGREE IN 6,754
WRITING TO RECEIVE ANY MEDICAL TREATMENT RECOMMENDED BY THE 6,755
BOARD'S PHYSICIAN AND SUBMIT MEDICAL REPORTS REGARDING THE 6,757
TREATMENT. IF THE BOARD DETERMINES THAT A DISABILITY BENEFIT
RECIPIENT IS NOT RECEIVING THE MEDICAL TREATMENT, THE DISABILITY 6,758
BENEFIT SHALL BE SUSPENDED UNTIL THE TREATMENT COMMENCES OR IS 6,759
RESUMED. SHOULD THE RECIPIENT'S FAILURE TO RECEIVE TREATMENT 6,760
CONTINUE FOR ONE YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY 6,761
BENEFIT SHALL BE FORFEITED. 6,762
(I) If an employer files an application for a disability 6,764
benefit as a result of a member having been separated from 6,765
service because he THE MEMBER is considered to be incapacitated 6,766
for the performance of duty, and the board denies the disability 6,767
benefit, the board shall so certify to the employer and such 6,768
employer shall restore the member to his THE MEMBER'S previous 6,769
position and salary or to a similar position and salary. 6,770
Sec. 3307.421. NOT LATER THAN SEPTEMBER 1, 1999, AND EACH 6,773
FIRST DAY OF SEPTEMBER FOR THE SUCCEEDING FIVE YEARS, THE STATE 6,775
TEACHERS RETIREMENT BOARD SHALL MAKE AND SUBMIT A REPORT FOR THE 6,776
PRECEDING FISCAL YEAR OF THE DISABILITY RETIREMENT EXPERIENCE OF 6,777
EACH EMPLOYER. THE REPORT SHALL SPECIFY THE TOTAL NUMBER OF 6,778
DISABILITY APPLICATIONS SUBMITTED, THE STATUS OF EACH APPLICATION 6,779
AS OF THE LAST DAY OF THE FISCAL YEAR, TOTAL APPLICATIONS GRANTED 6,780
OR DENIED, AND THE PERCENTAGE OF DISABILITY BENEFIT RECIPIENTS TO 6,781
THE TOTAL NUMBER OF THE EMPLOYER'S EMPLOYEES WHO ARE MEMBERS OF 6,782
THE STATE TEACHERS RETIREMENT SYSTEM. THE REPORT SHALL BE 6,783
SUBMITTED TO THE GOVERNOR, THE OHIO RETIREMENT STUDY COUNCIL, AND 6,785
152
THE CHAIRPERSONS OF THE STANDING COMMITTEES AND SUBCOMMITTEES OF
THE SENATE AND HOUSE OF REPRESENTATIVES WITH PRIMARY 6,786
RESPONSIBILITY FOR RETIREMENT LEGISLATION. 6,787
Sec. 3307.44. A disability benefit recipient, 6,797
notwithstanding section 3319.13 of the Revised Code, shall retain 6,798
membership in the state teachers retirement system and shall be 6,799
considered on leave of absence during the first five years 6,801
following the effective date of a disability benefit.
The state teachers retirement board shall require any 6,803
disability benefit recipient to submit to an annual medical 6,805
examination by a physician selected by the board, except that the 6,806
board may waive the medical examination if the board's physician 6,807
specifies that the recipient's disability is ongoing. If a
disability benefit recipient refuses to submit to a medical 6,809
examination, the recipient's disability benefit shall be
discontinued SUSPENDED until the recipient withdraws the refusal. 6,811
If the refusal continues for one year, all the recipient's rights 6,813
under and to the disability benefit shall be forfeited.
After the examination, the examiner shall report and 6,816
certify to the board whether the disability benefit recipient is 6,817
physically and mentally capable of resuming service similar to 6,818
that from which the recipient was found disabled. If the board 6,819
concurs in a report by the examining physician that the 6,821
disability benefit recipient is so capable, the payment of a 6,822
disability benefit shall be terminated not later than the 6,823
following thirty-first day of August or upon employment as a 6,824
teacher prior thereto. If the leave of absence has not expired, 6,825
the board shall so certify to the disability benefit recipient's 6,826
last employer before being found disabled that the recipient is 6,827
capable of resuming service, and if the recipient was under 6,829
contract at the time the recipient was found disabled, the 6,830
employer by the first day of the next succeeding year shall 6,831
restore the recipient to the recipient's previous position and 6,832
salary or to a position and salary similar thereto. 6,834
153
A disability benefit shall terminate if the disability 6,837
benefit recipient becomes employed as a teacher in any public or 6,838
private school or institution in this state or elsewhere. An 6,839
individual receiving a disability benefit from the state teachers 6,841
retirement system shall be ineligible for any employment as a 6,842
teacher and it shall be unlawful for any employer to employ the 6,843
individual as a teacher. If any employer should employ or 6,845
reemploy the individual prior to the termination of a disability 6,846
benefit, the employer shall file notice of employment with the 6,847
state teachers retirement board designating the date of the 6,849
employment. If the individual should be paid both a disability 6,851
benefit and also compensation for teaching service for all or any 6,852
part of the same month, the secretary of the state teachers 6,853
retirement board shall certify to the employer or to the
superintendent of public instruction the amount of the disability 6,854
benefit received by the individual during the employment, which 6,856
amount shall be deducted from any amount due the employing 6,857
district under Chapter 3317. of the Revised Code or shall be paid 6,858
by the employer to the annuity and pension reserve fund. 6,859
The board may adopt rules requiring each EACH disability 6,861
benefit recipient to SHALL file WITH THE BOARD an annual 6,863
statement of earnings and, current medical information on his THE 6,865
RECIPIENT'S condition, AND ANY OTHER INFORMATION REQUIRED BY THE 6,866
BOARD, INCLUDING COPIES OF THE RECIPIENT'S COMPLETED STATE INCOME 6,868
TAX RETURN AND ANY OTHER INFORMATION PROVIDED TO THE DEPARTMENT 6,869
OF TAXATION. AT THE BOARD'S REQUEST, THE TAX COMMISSIONER SHALL 6,870
PROVIDE TO THE BOARD COPIES OF A RECIPIENT'S COMPLETED STATE 6,871
INCOME TAX RETURN AND ANY OTHER INFORMATION PROVIDED TO THE 6,872
DEPARTMENT IN ORDER TO VERIFY THE RECIPIENT'S ANNUAL STATEMENT OF 6,873
EARNINGS. THE BOARD SHALL REIMBURSE THE DEPARTMENT FOR THE COST 6,874
OF PROVIDING THE COPIES. 6,875
THE BOARD SHALL ANNUALLY EXAMINE THE INFORMATION SUBMITTED 6,877
BY THE RECIPIENT. IF A DISABILITY BENEFIT RECIPIENT REFUSES TO 6,878
FILE THE INFORMATION, THE DISABILITY BENEFIT SHALL BE SUSPENDED 6,879
154
UNTIL THE INFORMATION IS FILED. IF THE REFUSAL CONTINUES FOR ONE 6,880
YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY BENEFIT SHALL BE 6,882
FORFEITED.
A disability benefit also may be terminated by the board at 6,884
the request of the disability benefit recipient. 6,885
If disability retirement under section 3307.43 of the 6,887
Revised Code is terminated for any reason, the annuity and 6,888
pension reserves at that time in the annuity and pension reserve 6,889
fund shall be transferred to the teachers' savings fund and the 6,890
employers' trust fund, respectively. If the total disability 6,891
benefit paid was less than the amount of the accumulated 6,892
contributions of the member transferred to the annuity and 6,893
pension reserve fund at the time of the member's disability 6,894
retirement, then the difference shall be transferred from the 6,895
annuity and pension reserve fund to another fund as required. In 6,896
determining the amount of a member's account following the 6,897
termination of disability retirement for any reason, the total 6,898
amount paid shall be charged against the member's refundable 6,899
account. 6,900
If a disability allowance paid under section 3307.431 of 6,902
the Revised Code is terminated for any reason, the reserve on the 6,903
allowance at that time in the annuity and pension reserve fund 6,904
shall be transferred from that fund to the employers' trust fund. 6,905
If a former disability benefit recipient again becomes a 6,907
contributor, other than as an other system retirant under section 6,908
3307.381 of the Revised Code, to this retirement system, the 6,909
school employees retirement system, or the public employees 6,910
retirement system, and completes at least two additional years of 6,911
service credit, the former disability benefit recipient shall 6,912
receive credit for the period as a disability benefit recipient. 6,913
Sec. 3307.441. AS USED IN THIS SECTION, "DISABILITY 6,916
BENEFIT RECIPIENT" MEANS A MEMBER OF THE STATE TEACHERS 6,917
RETIREMENT SYSTEM WHO IS RECEIVING A DISABILITY BENEFIT. AS USED 6,918
IN THIS SECTION, "WORKERS' COMPENSATION BENEFIT" HAS THE SAME 6,920
155
MEANING AS IN SECTION 4123.701 OF THE REVISED CODE. 6,922
(A) NOT LATER THAN THIRTY DAYS AFTER RECEIPT OF NOTICE 6,925
FROM THE BUREAU OF WORKERS' COMPENSATION OR THE INDUSTRIAL 6,926
COMMISSION PURSUANT TO SECTION 4123.701 OF THE REVISED CODE, THE 6,928
RETIREMENT BOARD SHALL ADJUST A MEMBER'S DISABILITY BENEFIT IF 6,930
BOTH OF THE FOLLOWING CONDITIONS ARE MET: 6,931
(1) THE BOARD DETERMINES THAT THE MEMBER IS RECEIVING A 6,933
DISABILITY BENEFIT AND A WORKERS' COMPENSATION BENEFIT FOR THE 6,934
SAME ILLNESS OR INJURY; 6,935
(2) THE SUM OF THE MEMBER'S ANNUAL DISABILITY BENEFIT, 6,937
EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT 6,938
BENEFIT INCREASES, AND THE MEMBER'S ANNUAL WORKERS' COMPENSATION 6,939
BENEFIT EXCEEDS ONE HUNDRED PER CENT OF THE MEMBER'S FINAL 6,940
AVERAGE SALARY.
THE BOARD SHALL DEDUCT FROM THE MEMBER'S ANNUAL DISABILITY 6,942
BENEFIT AN AMOUNT EQUAL TO THE AMOUNT BY WHICH THE SUM OF THE 6,943
MEMBER'S ANNUAL DISABILITY BENEFIT, EXCLUDING ANY COST-OF-LIVING 6,944
ADJUSTMENTS OR POST-RETIREMENT INCREASES, AND THE MEMBER'S ANNUAL 6,945
WORKERS' COMPENSATION BENEFIT EXCEEDS ONE HUNDRED PER CENT OF THE 6,946
MEMBER'S FINAL AVERAGE SALARY. EXCEPT THAT THE AMOUNT DEDUCTED 6,947
SHALL NOT EXCEED ONE HUNDRED PER CENT OF THE DISABILITY BENEFIT 6,949
PAID, EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT
BENEFIT INCREASES. IN THE CASE OF A WORKERS' COMPENSATION 6,951
BENEFIT THAT IS PAID WEEKLY, THE ADJUSTMENT SHALL BE DETERMINED 6,952
AS IF THE WORKERS' COMPENSATION BENEFIT WAS PAID AS A MONTHLY 6,953
BENEFIT. IN THE CASE OF A MEMBER WHO RECEIVES A LUMP SUM PAYMENT 6,954
UNDER SECTION 4123.64 OF THE REVISED CODE OR A FINAL SETTLEMENT 6,955
UNDER SECTION 4123.65 OF THE REVISED CODE, THE BOARD SHALL ADJUST 6,957
THE MEMBER'S DISABILITY BENEFIT PAID AS IF THE BENEFIT 6,958
REPRESENTED BY THE LUMP SUM PAYMENT OR FINAL SETTLEMENT AGREEMENT 6,960
BEGAN ON ITS EFFECTIVE DATE AND WAS PAID AS A MONTHLY BENEFIT, 6,961
EXCLUDING ANY AMOUNT OF THE LUMP SUM OR FINAL SETTLEMENT THAT IS 6,962
NOT ATTRIBUTABLE TO A WORKERS' COMPENSATION BENEFIT. THE 6,963
ADJUSTMENT SHALL BE EFFECTIVE ON THE FIRST DAY OF THE FIRST MONTH 6,964
156
FOLLOWING THE THIRTY-DAY PERIOD DESCRIBED IN THIS DIVISION. 6,965
(B) THE ADJUSTMENT REQUIRED BY THIS SECTION SHALL CONTINUE 6,968
UNTIL THE EARLIER OF THE FOLLOWING: 6,969
(1) A TIME AT WHICH THE SUM OF THE DISABILITY BENEFIT, 6,971
EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT 6,972
BENEFIT INCREASES AND THE WORKERS' COMPENSATION BENEFIT NO LONGER 6,974
EXCEEDS ONE HUNDRED PER CENT OF THE MEMBER'S FINAL AVERAGE 6,975
SALARY;
(2) THE MEMBER REACHES THE AGE AT WHICH THE MEMBER WOULD 6,977
HAVE BECOME ELIGIBLE FOR NORMAL SERVICE RETIREMENT HAD THE MEMBER 6,979
NOT BECOME DISABLED, ASSUMING CONTINUOUS SERVICE AS A MEMBER. 6,980
(C) IF THE BOARD DETERMINES THAT ANY AMOUNTS WERE OVERPAID 6,983
BY THE SYSTEM PRIOR TO AN AWARD OF WORKERS' COMPENSATION 6,984
BENEFITS, THE BOARD SHALL CERTIFY THE AMOUNT OF THE OVERPAYMENT 6,985
TO THE BUREAU AND MAY RECOVER THE OVERPAYMENT FROM THE BUREAU AS 6,986
PROVIDED IN SECTION 4123.701 OF THE REVISED CODE. 6,988
(D) ANY INCREASE PAID BY THE SYSTEM UNDER SECTION 3307.403 6,991
OF THE REVISED CODE SHALL BE DETERMINED AND PAID AS IF THE 6,993
REDUCTION REQUIRED BY DIVISION (A) OF THIS SECTION HAD NOT BEEN 6,995
MADE.
(E) IF A RECIPIENT OF A DISABILITY BENEFIT FROM THE SYSTEM 6,998
IS ELIGIBLE FOR MEDICAL TREATMENT OR REHABILITATION FROM THE 6,999
BUREAU OF WORKERS' COMPENSATION OR THE INDUSTRIAL COMMISSION, 7,000
HEALTH CARE COVERAGE PROVIDED BY THE SYSTEM, INCLUDING COVERAGE 7,001
UNDER SECTION 3307.74 OF THE REVISED CODE, SHALL COVER ONLY 7,002
MEDICAL TREATMENT OR REHABILITATION NOT AVAILABLE THROUGH THE 7,003
BUREAU OR THE COMMISSION. 7,004
Sec. 3307.49. (A) As used in this section, "physically or 7,013
mentally incompetent" means incapable of earning a living because 7,014
of a physically or mentally disabling condition. Physical or 7,015
mental incompetency may be determined by a court or by a doctor 7,016
of medicine or osteopathic medicine appointed by the state 7,017
teachers retirement board. 7,018
(B) For the purposes of this section: 7,020
157
(1) To qualify as a "surviving spouse," the spouse of a 7,022
deceased member of the state teachers retirement system must be 7,023
one of the following: 7,024
(a) Age sixty-two or any age if the deceased member had 7,026
ten or more years of Ohio service credit; 7,027
(b) Caring for a dependent child; 7,029
(c) Adjudged physically or mentally incompetent; 7,031
(d) Any age if the deceased member was eligible for a 7,033
service retirement allowance as provided in section 3307.38 of 7,034
the Revised Code and the surviving spouse elects to receive a 7,035
benefit under division (C)(1) of this section. 7,036
(2)(a) To qualify as a "dependent child," the child of a 7,038
deceased member must meet all of the following: 7,039
(i) Be unmarried; 7,041
(ii) Be under age eighteen, or under age twenty-two if 7,043
attending an institution of learning or training pursuant to a 7,044
program designed to complete in each school year the equivalent 7,045
of at least two-thirds of the full-time curriculum requirements 7,046
of such institution and as further determined by board policy, or 7,047
any age if adjudged physically or mentally incompetent; 7,048
(iii) Have been domiciled in the member's household at the 7,050
time of the member's death unless the deceased member contributed 7,051
to one-half or more of the child's support during the 7,053
twelve-month period prior to the member's death. 7,054
(b) If a court hearing for an interlocutory decree for 7,056
adoption was held prior to the member's death, a child who meets 7,057
the conditions of division (B)(2)(a) of this section qualifies as 7,058
a dependent child if a final decree of adoption adjudging the 7,059
member's spouse as the adoptive parent is made subsequent to the 7,060
member's death. 7,061
(3) To qualify as a "dependent parent," the parent of a 7,063
deceased member must be age sixty-five or older and have received 7,064
at least one-half of the parent's support from the member during 7,065
the twelve-month period immediately preceding the member's death. 7,067
158
(4) A person is a "qualified dependent" if the person 7,069
qualifies as a surviving spouse, dependent child, or dependent 7,070
parent.
(C) In lieu of accepting the payment of the accumulated 7,072
account of a member who dies before service retirement, a 7,073
beneficiary, as determined in section 3307.48 of the Revised 7,074
Code, may elect to forfeit the accumulated account and to 7,075
substitute benefits under this division. 7,076
(1) If a deceased member was eligible for a service 7,078
retirement allowance as provided in section 3307.38 or 3307.39 of 7,079
the Revised Code, a surviving spouse, a qualified dependent 7,080
designated as the member's sole beneficiary pursuant to division 7,081
(B) of section 3307.48 of the Revised Code, or an individual 7,082
designated as the member's sole beneficiary pursuant to division 7,083
(B) of section 3307.48 of the Revised Code who received one-half 7,084
or more of support from the member during the twelve-month period 7,086
preceding the member's death may elect to receive a monthly 7,087
benefit computed as the joint-survivor allowance designated as 7,088
option 1 in section 3307.50 of the Revised Code, which the member 7,089
would have received had the member retired on the last day of the 7,091
month of death and had the member at that time selected such 7,092
joint-survivor plan. Payment shall begin with the month 7,093
subsequent to the member's death. 7,094
(2) If a deceased member had completed at least one and 7,096
one-half years of credit for Ohio service, with at least 7,097
one-quarter year of Ohio contributing service credit within the 7,098
two and one-half years prior to the date of death, or was 7,099
receiving at the time of death a disability benefit as provided 7,100
in section 3307.43 or 3307.431 of the Revised Code, a surviving 7,101
spouse or other qualified dependent beneficiary may elect to 7,102
receive monthly benefits as provided in division (C)(2) of this 7,103
section. The surviving spouse or other qualified dependent 7,104
beneficiary shall elect one of the following methods of 7,105
calculating benefits elected under division (C)(2) of this 7,106
159
section, which shall remain in effect without regard to any 7,107
change in the number of qualified dependents: 7,108
(a) Number Annual benefit as a OR 7,111
of qualified per cent of member's Monthly benefit 7,112
dependents final average salary shall not be 7,113
less than or 7,114
1 25% $ 96 7,117
2 40 186 7,118
3 50 236 7,119
4 55 236 7,120
5 or more 60 236 7,121
Annual benefit as a 7,124
per cent of member's 7,125
(b) Years of service final average salary 7,126
20 29% 7,129
21 33 7,130
22 37 7,131
23 41 7,132
24 45 7,133
25 48 7,134
26 51 7,135
27 54 7,136
28 57 7,137
29 60 7,138
(D) If a benefit is calculated pursuant to division 7,141
(C)(2)(a) of this section, benefits to a surviving spouse shall 7,142
be paid in the amount determined for the first qualifying 7,143
dependent in division (C)(2)(a) of this section, but shall not be 7,144
less than one hundred six dollars per month if the deceased 7,145
member had ten or more years of Ohio service credit. All other 7,146
qualifying dependents shall share equally in the benefit or 7,147
remaining portion thereof. 7,148
If a benefit is calculated pursuant to division (C)(2)(b) 7,150
of this section and is payable to more than one qualified 7,151
160
dependent, the benefit shall be apportioned equally among the 7,152
qualified dependents, except that if there is a surviving spouse, 7,153
the portion of the benefit allocated to the surviving spouse 7,154
shall be as follows: 7,155
Number of dependents Spouse's share of total benefit 7,157
2 62.5% 7,160
3 50.0% 7,161
4 45.45% 7,162
5 or more 41.67% 7,163
(E) Benefits payable under division (C)(2) of this section 7,166
shall begin or resume on the first day of the month following the 7,167
day a person becomes a qualified dependent and terminate or be 7,168
suspended on the first day of the month following the day he THE 7,169
PERSON ceases to be a qualified dependent. 7,171
Benefits to a qualified dependent shall terminate upon A 7,174
FIRST marriage, remarriage, abandonment, adoption, or during
active military service, except that benefits. BENEFITS 7,176
terminated under this division PRIOR TO THE EFFECTIVE DATE OF 7,178
THIS AMENDMENT due to a first remarriage shall resume if either 7,180
of the following occurs: 7,181
(1) The remarriage ceases within two years due to divorce, 7,183
annulment, dissolution, or death; 7,184
(2) Regardless of its duration, the remarriage ceases due 7,188
to divorce, annulment, dissolution, or death and the dependent 7,189
attains or has attained age fifty-five. 7,190
If benefits to a qualified dependent have been WERE 7,192
terminated under this division PRIOR TO THE EFFECTIVE DATE OF 7,194
THIS AMENDMENT due to a first remarriage and, regardless of its 7,195
duration, the remarriage has ceased due to divorce, annulment, 7,196
dissolution, or death and if the dependent had attained age 7,197
fifty-five but not yet attained age sixty-two before the 7,198
effective date of this amendment JUNE 5, 1996, the benefits 7,199
terminated under this division shall resume on the first day of 7,200
the month immediately following the effective date of this 7,202
161
amendment JUNE 5, 1996.
If the surviving spouse of a deceased member remarries on 7,204
or after the effective date of this amendment and at the time of 7,206
the remarriage has attained age fifty-five, the benefits provided 7,208
by this division shall continue. The benefits provided by this 7,209
division also shall continue to a deceased member's surviving 7,210
spouse who remarried prior to the effective date of this 7,211
amendment and had attained age sixty-two at the time of 7,213
remarriage. If the benefits of a deceased member's surviving 7,214
spouse were terminated under this division PRIOR TO THE EFFECTIVE 7,215
DATE OF THIS AMENDMENT due to a remarriage occurring on or after 7,216
February 15, 1995, and if at the time of remarriage the surviving 7,217
spouse had attained age fifty-five, the benefits terminated under 7,218
this division shall resume on the first day of the month 7,219
immediately following the effective date of this amendment JUNE 7,220
5, 1996. Upon 7,221
UPON the death of any subsequent spouse who was a member of 7,224
the public employees retirement system, state teachers retirement 7,225
system, or school employees retirement system, the surviving 7,226
spouse of such member may elect to continue receiving benefits 7,227
under this division, or to receive survivor's benefits, based 7,228
upon the subsequent spouse's membership in one or more of the 7,229
systems, for which such surviving spouse is eligible under this 7,230
section or section 145.45 or 3309.45 of the Revised Code. If the 7,231
surviving spouse elects to continue receiving benefits under this 7,232
division, such election shall not preclude the payment of 7,233
benefits under this division to any other qualified dependent. 7,234
(F) The beneficiary of a member who is also a member of 7,236
the public employees retirement system, or the school employees 7,237
retirement system, must forfeit the member's accumulated 7,238
contributions in those systems, if the beneficiary elects to 7,239
receive a benefit under division (C) of this section. Such 7,241
benefit shall be exclusively governed by section 3307.41 of the 7,242
Revised Code.
162
(G) If the benefits due and paid under division (C) of 7,244
this section are in a total amount less than the member's 7,245
accumulated account that was transferred from the teachers' 7,246
savings fund, school employees retirement fund, and public 7,247
employees retirement fund, to the survivors' benefit fund, then 7,248
the difference between the total amount of the benefits paid 7,249
shall be paid to the beneficiary under section 3307.48 of the 7,250
Revised Code. 7,251
(H) On and after March 29, 1988: 7,253
(1) Regardless of age, if the surviving spouse of a 7,255
deceased member who died prior to March 29, 1988, with ten or 7,256
more years of Ohio service credit has elected to receive monthly 7,257
benefits under division (C)(2) of this section, the surviving 7,258
spouse shall receive the benefits. 7,259
(2) Benefits to a surviving spouse that were terminated 7,261
prior to March 29, 1988, due to a first remarriage shall resume, 7,262
regardless of the duration of the remarriage, if the remarriage 7,263
has ceased due to divorce, annulment, dissolution, or death and 7,264
the surviving spouse attains or has attained age sixty-two. 7,265
Sec. 3309.011. "Employee" as defined in division (B) of 7,278
section 3309.01 of the Revised Code, does not include either of 7,279
the following:
(A) Any person having a license issued pursuant to 7,282
sections 3319.22 to 3319.31 of the Revised Code and employed in a
public school in this state in an educational position, as 7,283
determined by the state board of education, under programs 7,284
provided for by federal acts or regulations and financed in whole 7,285
or in part from federal funds, but for which no licensure 7,286
requirements for the position can be made under the provisions of 7,287
such federal acts or regulations;
(B) Any person who participates in an alternative 7,289
retirement plan established under Chapter 3305. of the Revised 7,290
Code;
(C) ANY PERSON WHO ELECTS TO TRANSFER FROM THE SCHOOL 7,293
163
EMPLOYEES RETIREMENT SYSTEM TO THE PUBLIC EMPLOYEES RETIREMENT 7,294
SYSTEM UNDER SECTION 3309.312 OF THE REVISED CODE; 7,296
(D) ANY PERSON WHOSE FULL-TIME EMPLOYMENT BY THE 7,299
UNIVERSITY OF AKRON AS A STATE UNIVERSITY LAW ENFORCEMENT OFFICER 7,300
PURSUANT TO SECTION 3345.04 OF THE REVISED CODE COMMENCES ON OR
AFTER THE EFFECTIVE DATE OF THIS SECTION. 7,301
Sec. 3309.04. The general administration and management of 7,310
the school employees retirement system and making effective 7,311
Chapter 3309. of the Revised Code are hereby vested in the school 7,312
employees retirement board which may adopt rules and may 7,313
authorize its administrative officers, or committees composed of 7,314
members of said board, to act for the board in accord with such
policies and subject to subsequent approval by the board. 7,315
The attorney general shall prescribe procedures for the 7,317
adoption of rules authorized under this chapter, consistent with 7,318
the provision of section 111.15 of the Revised Code under which 7,319
all rules shall be filed in order to be effective. Such 7,320
procedures shall establish methods by which notice of proposed 7,321
rules are IS given to interested parties and rules adopted by the 7,322
board published and otherwise made available. WHEN IT FILES A 7,323
RULE WITH THE JOINT COMMITTEE ON AGENCY RULE REVIEW PURSUANT TO 7,324
SECTION 111.15 OF THE REVISED CODE, THE BOARD SHALL SUBMIT TO THE 7,326
OHIO RETIREMENT STUDY COUNCIL A COPY OF THE FULL TEXT OF THE 7,327
RULE, AND IF APPLICABLE, A COPY OF THE RULE SUMMARY AND FISCAL 7,328
ANALYSIS REQUIRED BY DIVISION (B) OF SECTION 127.18 OF THE 7,329
REVISED CODE.
All rules adopted pursuant to this chapter, prior to the 7,331
effective date of this section AUGUST 20, 1976, shall be 7,332
published and made available to interested parties by January 1, 7,333
1977.
Sec. 3309.312. (A) NOT LATER THAN NINETY DAYS AFTER THE 7,336
EFFECTIVE DATE OF THIS SECTION, A MEMBER WHO, ON THE EFFECTIVE 7,337
DATE OF THIS SECTION, IS EMPLOYED FULL-TIME PURSUANT TO SECTION 7,338
3345.04 OF THE REVISED CODE BY THE UNIVERSITY OF AKRON AS A STATE 7,339
164
UNIVERSITY LAW ENFORCEMENT OFFICER MAY ELECT TO TRANSFER TO THE 7,341
PUBLIC EMPLOYEES RETIREMENT SYSTEM IN ACCORDANCE WITH THIS
SECTION. AN ELECTION SHALL BE MADE BY GIVING NOTICE TO THE 7,342
SCHOOL EMPLOYEES RETIREMENT SYSTEM ON A FORM PROVIDED BY THE 7,343
SCHOOL EMPLOYEES RETIREMENT BOARD AND SHALL BE IRREVOCABLE. 7,345
(B) WHEN A MEMBER MAKES THE ELECTION DESCRIBED IN DIVISION 7,348
(A) OF THIS SECTION, THE SCHOOL EMPLOYEES RETIREMENT SYSTEM SHALL 7,350
NOTIFY THE PUBLIC EMPLOYEES RETIREMENT SYSTEM. THE SCHOOL 7,351
EMPLOYEES RETIREMENT SYSTEM SHALL TRANSFER ALL OF THE MEMBER'S 7,352
SERVICE CREDIT TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND 7,353
SHALL CERTIFY TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM A COPY OF 7,354
THE MEMBER'S RECORDS OF SERVICE AND CONTRIBUTIONS. FOR EACH YEAR 7,355
OR PORTION OF A YEAR OF CREDIT, THE SCHOOL EMPLOYEES RETIREMENT 7,356
SYSTEM SHALL TRANSFER TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM 7,357
ALL OF THE FOLLOWING: 7,358
(1) AN AMOUNT EQUAL TO THE ACCUMULATED CONTRIBUTIONS 7,360
STANDING TO THE MEMBER'S CREDIT; 7,361
(2) AN AMOUNT EQUAL TO THE TOTAL EMPLOYER CONTRIBUTIONS 7,363
PAID ON BEHALF OF THE MEMBER; 7,364
(3) ANY AMOUNT PAID BY THE MEMBER OR EMPLOYER TO THE 7,366
SCHOOL EMPLOYEES RETIREMENT SYSTEM FOR THE PURCHASE OF SERVICE 7,367
CREDIT. 7,368
AT THE REQUEST OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, 7,370
THE EMPLOYER OF A MEMBER WHO MAKES AN ELECTION IN ACCORDANCE WITH 7,372
THIS SECTION SHALL CERTIFY TO THE PUBLIC EMPLOYEES RETIREMENT 7,373
SYSTEM THE MEMBER'S SALARY.
(C) A MEMBER WHO ELECTS TO TRANSFER TO THE PUBLIC 7,375
EMPLOYEES RETIREMENT SYSTEM UNDER THIS SECTION SHALL MAKE 7,376
CONTRIBUTIONS AND RECEIVE BENEFITS UNDER DIVISIONS (B) AND (C) OF 7,377
SECTION 145.33 OF THE REVISED CODE.
(D) A MEMBER WHO FAILS TO MAKE AN ELECTION IN ACCORDANCE 7,380
WITH THIS SECTION SHALL REMAIN A MEMBER OF THE SCHOOL EMPLOYEES 7,381
RETIREMENT SYSTEM.
Sec. 3309.351. (A) A member of the school employees 7,390
165
retirement system WHO HAS CONTRIBUTIONS ON DEPOSIT WITH THE 7,391
POLICE AND FIREMEN'S DISABILITY AND PENSION FUND OR THE STATE 7,392
HIGHWAY PATROL RETIREMENT SYSTEM shall, in computing years of 7,393
active TOTAL service, be given full credit for time served in an 7,394
Ohio police or fire department and covered SERVICE CREDIT EARNED 7,395
under Chapter 742. or former Chapter 521. or 741. of the Revised 7,397
Code, or in the state highway patrol and covered under Chapter 7,398
5505. of the Revised Code, provided that for each year of service 7,399
credit, the member pays to the school employees retirement system 7,400
the amount which he would have paid through regular salary 7,402
deductions had he been a member of the school employees 7,404
retirement system during such prior employment, with interest 7,405
compounded annually from the date of withdrawal to the date of 7,406
deposit at a rate to be determined by the board OR PURCHASED FOR 7,407
SERVICE IN THE ARMED FORCES OF THE UNITED STATES IF A TRANSFER TO 7,408
THE SCHOOL EMPLOYEES RETIREMENT SYSTEM IS MADE UNDER THIS 7,409
DIVISION. AT THE REQUEST OF THE MEMBER, THE POLICE AND FIREMEN'S 7,410
DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL RETIREMENT
SYSTEM SHALL TRANSFER TO THE SCHOOL EMPLOYEES RETIREMENT SYSTEM 7,411
THE SUM OF THE FOLLOWING: 7,412
(1) AN AMOUNT EQUAL TO THE MEMBER'S PAYMENTS FOR SERVICE 7,414
IN THE ARMED FORCES OF THE UNITED STATES AND ACCUMULATED 7,415
CONTRIBUTIONS TO THE TRANSFERRING FUND OR SYSTEM; 7,416
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 7,418
CONTRIBUTIONS TO THE POLICE AND FIREMEN'S DISABILITY AND PENSION 7,419
FUND OR STATE HIGHWAY PATROL RETIREMENT SYSTEM OR THE AMOUNT THAT 7,420
WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE HAD 7,421
THE MEMBER BEEN A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT 7,422
SYSTEM;
(3) INTEREST, DETERMINED AS PROVIDED IN DIVISION (E) OF 7,424
THIS SECTION, ON THE AMOUNTS SPECIFIED IN DIVISIONS (A)(1) AND 7,425
(2) OF THIS SECTION FROM THE DATE THE LAST CONTRIBUTION WAS MADE 7,426
UNDER CHAPTER 742. OR 5505. OF THE REVISED CODE TO THE DATE THE 7,427
TRANSFER IS MADE.
166
(B) A MEMBER WHO HAS AT LEAST EIGHTEEN MONTHS OF 7,429
CONTRIBUTING SERVICE WITH THE SCHOOL EMPLOYEES RETIREMENT SYSTEM, 7,430
IS A FORMER MEMBER OF THE POLICE AND FIREMEN'S DISABILITY AND 7,431
PENSION FUND OR STATE HIGHWAY PATROL RETIREMENT SYSTEM, AND HAS 7,432
RECEIVED A REFUND OF CONTRIBUTIONS TO THAT FUND OR SYSTEM SHALL, 7,433
IN COMPUTING YEARS OF TOTAL SERVICE, BE GIVEN FULL CREDIT FOR
SERVICE CREDIT EARNED UNDER CHAPTER 742. OR 5505. OF THE REVISED 7,434
CODE OR PURCHASED FOR SERVICE IN THE ARMED FORCES OF THE UNITED 7,435
STATES IF, FOR EACH YEAR OF SERVICE, THE SCHOOL EMPLOYEES 7,436
RETIREMENT SYSTEM RECEIVES THE SUM OF THE FOLLOWING: 7,437
(1) AN AMOUNT, WHICH SHALL BE PAID BY THE MEMBER, EQUAL TO 7,439
THE AMOUNT REFUNDED BY THE POLICE AND FIREMEN'S DISABILITY AND 7,440
PENSION FUND OR THE STATE HIGHWAY PATROL RETIREMENT SYSTEM TO THE 7,441
MEMBER FOR THAT YEAR FOR ACCUMULATED CONTRIBUTIONS AND PAYMENTS 7,442
FOR PURCHASE OF CREDIT FOR SERVICE IN THE ARMED FORCES OF THE 7,443
UNITED STATES, WITH INTEREST FROM THE DATE OF THE LAST 7,444
CONTRIBUTION UNDER CHAPTER 742. OR 5505. OF THE REVISED CODE TO
THE DATE OF THE TRANSFER; 7,445
(2) AN AMOUNT, WHICH SHALL BE TRANSFERRED BY THE POLICE 7,447
AND FIREMEN'S DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL 7,448
RETIREMENT SYSTEM, THAT IS EQUAL TO THE LESSER OF THE AMOUNT 7,449
CONTRIBUTED BY THE EMPLOYER TO THE POLICE AND FIREMEN'S 7,450
DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL RETIREMENT
SYSTEM FOR THAT YEAR OR THE AMOUNT THAT WOULD HAVE BEEN 7,451
CONTRIBUTED BY THE EMPLOYER FOR THE YEAR HAD THE MEMBER BEEN A 7,452
MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM, WITH INTEREST 7,453
FROM THE DATE OF THE LAST CONTRIBUTION UNDER CHAPTER 742. OR 7,454
5505. OF THE REVISED CODE TO THE DATE OF THE TRANSFER.
ON RECEIPT OF PAYMENT FROM THE MEMBER, THE SCHOOL EMPLOYEES 7,456
RETIREMENT SYSTEM SHALL NOTIFY THE POLICE AND FIREMEN'S 7,457
DISABILITY AND PENSION FUND OR THE STATE HIGHWAY PATROL 7,458
RETIREMENT SYSTEM, WHICH, ON RECEIPT OF THE NOTICE, SHALL MAKE 7,459
THE TRANSFER REQUIRED BY THIS DIVISION. INTEREST SHALL BE
DETERMINED AS PROVIDED IN DIVISION (E) OF THIS SECTION. The 7,460
167
member may choose to purchase only part of such credit in any one 7,461
payment, subject to board rules. 7,462
(C) A member is ineligible to purchase OBTAIN service 7,464
credit under this section for service that is used in the 7,466
calculation of any retirement benefit currently being paid or 7,467
payable in the future to the member. 7,468
Service credit purchased OBTAINED under this section shall 7,470
be considered the equivalent of Ohio service credit. 7,471
(D) IF A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM 7,473
WHO IS NOT A CURRENT CONTRIBUTOR ELECTS TO OBTAIN CREDIT UNDER 7,474
SECTION 742.379 OR 5505.202 OF THE REVISED CODE FOR SERVICE FOR 7,475
WHICH THE MEMBER CONTRIBUTED TO THE SCHOOL EMPLOYEES RETIREMENT 7,476
SYSTEM OR PURCHASED CREDIT FOR SERVICE IN THE ARMED FORCES OF THE 7,477
UNITED STATES, THE SCHOOL EMPLOYEES RETIREMENT SYSTEM SHALL 7,478
TRANSFER TO THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND
OR STATE HIGHWAY PATROL RETIREMENT SYSTEM, AS APPLICABLE, THE 7,479
AMOUNT SPECIFIED IN DIVISION (C)(2) OF SECTION 742.379 OR 7,480
DIVISION (B)(2) OF SECTION 5505.202 OF THE REVISED CODE. 7,481
(E) INTEREST CHARGED FOR ANY SERVICE CREDIT OBTAINED UNDER 7,483
THIS SECTION SHALL BE CALCULATED SEPARATELY FOR EACH YEAR OF 7,484
SERVICE CREDIT AT THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR 7,485
THAT YEAR OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM OR OF THE 7,486
FUND OR RETIREMENT SYSTEM IN WHICH THE CREDIT WAS EARNED. THE 7,487
INTEREST SHALL BE COMPOUNDED ANNUALLY.
Sec. 3309.39. (A) The school employees retirement system 7,496
shall provide disability coverage to each member who has at least 7,497
five years of total service credit. 7,498
Not later than October 16, 1992, the school employees 7,500
retirement board shall give each person who is a member on the 7,501
effective date of this amendment JULY 29, 1992, the opportunity 7,503
to elect disability coverage either under section 3309.40 of the 7,504
Revised Code or under section 3309.401 of the Revised Code. The 7,505
board shall mail notice of the election, accompanied by an 7,506
explanation of the coverage under each of the Revised Code 7,507
168
sections and a form on which the election is to be made, to each 7,508
member at his THE MEMBER'S last known address. The board shall 7,510
also provide the explanation and form to any member at his THE 7,511
MEMBER'S request.
Regardless of whether the member actually receives notice 7,513
of his THE right to make an election, a member who fails to file 7,514
a valid election under this section shall be considered to have 7,515
elected disability coverage under section 3309.40 of the Revised 7,516
Code. To be valid, an election must be made on the form provided 7,517
by the retirement board, signed by the member, and filed with the 7,518
board not later than one hundred eighty days after the date the 7,519
notice was mailed, or, in the case of a form provided at the 7,520
request of a member, a date specified by rule of the retirement 7,521
board. Once made, an election is irrevocable, but if the member 7,522
ceases to be a member of the retirement system, the election is 7,523
void. If a person who makes an election under this section also 7,524
makes an election under section 145.35 or 3307.42 of the Revised 7,525
Code, the election made for the system that pays a disability 7,526
benefit to that person shall govern the benefit. 7,527
Disability coverage shall be provided under section 7,529
3309.401 of the Revised Code for persons who become members after 7,530
the effective date of this amendment JULY 29, 1992, and for 7,532
members who elect under this division to be covered under section 7,533
3309.401 of the Revised Code. 7,534
The retirement board may adopt rules governing elections 7,536
made under this division. 7,537
(B) Application for a disability benefit may be made by a 7,539
member, by a person acting in the member's behalf, or by the 7,540
member's employer, provided the member has at least five years of 7,541
total service credit and has disability coverage under section 7,542
3309.40 or 3309.401 of the Revised Code. The application for a 7,543
disability benefit shall be made on a form provided by the 7,544
retirement board. The benefit payable to any member who is 7,545
approved for a disability benefit shall become effective on the 7,546
169
first day of the month next following the later of the following: 7,547
(1) The last day for which compensation was paid; 7,549
(2) The date on which the member was first incapacitated 7,551
by the disabling condition. 7,552
(C) NOT LATER THAN FOURTEEN DAYS AFTER RECEIVING AN 7,554
APPLICATION FOR A DISABILITY BENEFIT FROM A MEMBER OR A PERSON 7,555
ACTING ON BEHALF OF A MEMBER, THE BOARD SHALL NOTIFY THE MEMBER'S 7,557
EMPLOYER THAT AN APPLICATION HAS BEEN FILED. THE NOTICE SHALL 7,558
STATE THE MEMBER'S NAME AND SOCIAL SECURITY NUMBER. NOT LATER 7,560
THAN TWENTY-EIGHT DAYS AFTER RECEIVING THE NOTICE OR FILING AN 7,561
APPLICATION ON BEHALF OF A MEMBER, THE EMPLOYER SHALL FORWARD TO 7,562
THE BOARD A STATEMENT CERTIFYING THE MEMBER'S JOB DESCRIPTION AND 7,564
ANY OTHER INFORMATION REQUIRED BY THE BOARD TO PROCESS THE
APPLICATION. THE BOARD SHALL MAINTAIN THE INFORMATION SUBMITTED 7,565
BY THE EMPLOYER IN THE MEMBER'S FILE. 7,566
(D) Medical examination of a member who has applied for a 7,568
disability benefit shall be conducted by a competent 7,569
disinterested physician or physicians selected by the retirement 7,570
board to determine whether the member is mentally or physically 7,571
incapacitated for the performance of the member's last assigned 7,572
primary duty as an employee by a disabling condition either 7,573
permanent or presumed to be permanent for twelve continuous 7,574
months following the filing of an application. Such disability 7,576
must have occurred since last becoming a member or have increased 7,577
since last becoming a member to such extent as to make the 7,578
disability permanent or presumed to be permanent for twelve 7,579
continuous months following the filing of an application. 7,580
(D)(E) Application for a disability benefit must be made 7,582
within two years from the date the member's contributing service 7,583
terminated, unless the retirement board determines that the 7,584
member's medical records demonstrate conclusively that at the 7,585
time the two-year period expired, the member was physically or 7,586
mentally incapacitated for duty as an employee and unable to make 7,587
application. Application may not be made by any person receiving 7,588
170
a service retirement allowance or commuted service retirement 7,589
allowance under section 3309.36, 3309.38, or 3309.381 of the 7,590
Revised Code or any person who, pursuant to section 3309.42 of 7,591
the Revised Code, has been paid the accumulated contributions 7,592
standing to the credit of his THE PERSON'S individual account in 7,593
the employees' savings fund. 7,594
(E)(F) If the physician or physicians determine that the 7,596
member qualifies for a disability benefit, and the retirement 7,597
board concurs with the determination, AND THE MEMBER AGREES TO 7,598
MEDICAL TREATMENT AS SPECIFIED IN DIVISION (G) OF THIS SECTION, 7,599
the member shall receive a disability benefit under section 7,601
3309.40 or 3309.401 of the Revised Code. The action of the board 7,602
shall be final. At the time the board decides it concurs with 7,603
the determination of the physician or physicians, the board shall 7,604
determine the date on which the member was first incapacitated by 7,605
the disabling condition. 7,606
(F)(G) THE SCHOOL EMPLOYEES RETIREMENT BOARD SHALL ADOPT 7,608
RULES REQUIRING A DISABILITY BENEFIT RECIPIENT TO AGREE IN 7,610
WRITING TO RECEIVE ANY MEDICAL TREATMENT RECOMMENDED BY THE 7,611
BOARD'S PHYSICIAN AND SUBMIT MEDICAL REPORTS REGARDING THE 7,612
TREATMENT. IF THE BOARD DETERMINES THAT A DISABILITY BENEFIT 7,613
RECIPIENT IS NOT RECEIVING THE MEDICAL TREATMENT, THE DISABILITY 7,614
BENEFIT SHALL BE SUSPENDED UNTIL THE TREATMENT COMMENCES OR IS 7,615
RESUMED. SHOULD THE RECIPIENT'S FAILURE TO RECEIVE TREATMENT 7,616
CONTINUE FOR ONE YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY 7,617
BENEFIT SHALL BE FORFEITED. 7,618
(H) In the event an employer files an application for a 7,620
disability benefit as a result of a member having been separated 7,621
from service because he THE MEMBER is considered to be mentally 7,622
or physically incapacitated for the performance of the member's 7,623
last assigned primary duty as an employee, and the physician or 7,624
physicians selected by the board report to the board that the 7,625
member is physically and mentally capable of performing service 7,626
similar to that from which he THE MEMBER was separated, and the 7,627
171
board concurs in such report, then the board shall so certify to 7,628
the employer and the employer shall restore the member to his THE 7,629
MEMBER'S previous position and salary or to a similar position 7,630
and salary.
Sec. 3309.391. NOT LATER THAN SEPTEMBER 1, 1999, AND EACH 7,633
FIRST DAY OF SEPTEMBER FOR THE SUCCEEDING FIVE YEARS, THE SCHOOL 7,635
EMPLOYEES RETIREMENT BOARD SHALL MAKE AND SUBMIT A REPORT FOR THE 7,636
PRECEDING FISCAL YEAR OF THE DISABILITY RETIREMENT EXPERIENCE OF 7,637
EACH EMPLOYER. THE REPORT SHALL SPECIFY THE TOTAL NUMBER OF 7,638
DISABILITY APPLICATIONS SUBMITTED, THE STATUS OF EACH APPLICATION 7,639
AS OF THE LAST DAY OF THE FISCAL YEAR, TOTAL APPLICATIONS GRANTED 7,640
OR DENIED, AND THE PERCENTAGE OF DISABILITY BENEFIT RECIPIENTS TO 7,641
THE TOTAL NUMBER OF THE EMPLOYER'S EMPLOYEES WHO ARE MEMBERS OF 7,642
THE SCHOOL EMPLOYEES RETIREMENT SYSTEM. THE REPORT SHALL BE 7,643
SUBMITTED TO THE GOVERNOR, THE OHIO RETIREMENT STUDY COUNCIL, AND 7,645
THE CHAIRPERSONS OF THE STANDING COMMITTEES AND SUBCOMMITTEES OF
THE SENATE AND HOUSE OF REPRESENTATIVES WITH PRIMARY 7,646
RESPONSIBILITY FOR RETIREMENT LEGISLATION. 7,647
Sec. 3309.41. (A) A disability benefit recipient shall 7,656
retain membership status and shall be considered on leave of 7,659
absence from employment during the first five years following the 7,660
effective date of a disability benefit, notwithstanding any 7,661
contrary provisions in Chapter 124. or 3319. of the Revised Code. 7,662
(B) The school employees retirement board shall require a 7,665
disability benefit recipient to undergo an annual medical 7,666
examination, except that the board may waive the medical 7,667
examination if the board's physician or physicians specify that 7,669
the recipient's disability is ongoing. Should any disability 7,670
benefit recipient refuse to submit to a medical examination, the 7,671
recipient's disability benefit shall be discontinued SUSPENDED 7,672
until withdrawal of the refusal. Should the refusal continue for 7,675
one year, all the recipient's rights in and to the disability 7,676
benefit shall be forfeited. 7,677
(C) On completion of the examination by an examining 7,680
172
physician or physicians selected by the board, the physician or 7,681
physicians shall report and certify to the board whether the 7,682
disability benefit recipient is physically and mentally capable 7,683
of resuming service similar to or related to that from which the 7,684
recipient was found disabled. If the board concurs in the report 7,686
that the disability benefit recipient is so capable, the payment 7,687
of the disability benefit shall be terminated not later than 7,688
three months after the date of the board's concurrence or upon 7,689
employment as an employee. If the leave of absence has not 7,691
expired, the retirement board shall certify to the disability 7,692
benefit recipient's last employer before being found disabled 7,693
that the recipient is capable of resuming service and the
employer shall restore the recipient to the recipient's previous 7,696
position and salary or to a position and salary similar thereto 7,697
not later than the first day of the first month following 7,698
termination of the disability benefit.
(D) The board may adopt rules requiring each EACH 7,700
disability benefit recipient to SHALL file with the board an 7,701
annual statement of earnings and, current medical information on 7,702
his THE RECIPIENT'S condition, AND ANY OTHER INFORMATION REQUIRED 7,705
BY THE BOARD, INCLUDING COPIES OF THE RECIPIENT'S COMPLETED STATE 7,707
INCOME TAX RETURN AND ANY OTHER INFORMATION PROVIDED TO THE 7,708
DEPARTMENT OF TAXATION. AT THE BOARD'S REQUEST, THE TAX 7,709
COMMISSIONER SHALL PROVIDE TO THE BOARD COPIES OF A RECIPIENT'S 7,711
COMPLETED STATE INCOME TAX RETURN AND ANY OTHER INFORMATION 7,712
PROVIDED TO THE DEPARTMENT IN ORDER TO VERIFY THE RECIPIENT'S 7,713
ANNUAL STATEMENT OF EARNINGS. THE BOARD SHALL REIMBURSE THE 7,714
DEPARTMENT FOR THE COST OF PROVIDING THE COPIES. 7,715
THE BOARD SHALL ANNUALLY EXAMINE THE INFORMATION SUBMITTED 7,717
BY THE RECIPIENT. IF A DISABILITY BENEFIT RECIPIENT REFUSES TO 7,718
FILE THE INFORMATION, THE DISABILITY BENEFIT SHALL BE SUSPENDED 7,719
UNTIL THE INFORMATION IS FILED. IF THE REFUSAL CONTINUES FOR ONE 7,720
YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY BENEFIT SHALL BE 7,722
FORFEITED.
173
(E) If a disability benefit recipient is employed by an 7,724
employer covered by this chapter, the recipient's disability 7,725
benefit shall cease. 7,726
(F) If disability retirement under section 3309.40 of the 7,728
Revised Code is terminated for any reason, the annuity and 7,729
pension reserves at that time in the annuity and pension reserve 7,730
fund shall be transferred to the employees' savings fund and the 7,731
employers' trust fund, respectively. If the total disability 7,732
benefit paid is less than the amount of the accumulated 7,733
contributions of the member transferred into the annuity and 7,734
pension reserve fund at the time of the member's disability 7,735
retirement, the difference shall be transferred from the annuity 7,737
and pension reserve fund to another fund as may be required. In 7,738
determining the amount of a member's account following the 7,739
termination of disability retirement for any reason, the amount 7,740
paid shall be charged against the member's refundable account. 7,741
If a disability allowance paid under section 3309.401 of 7,743
the Revised Code is terminated for any reason, the reserve on the 7,744
allowance at that time in the annuity and pension reserve fund 7,745
shall be transferred from that fund to the employers' trust fund. 7,746
The board may terminate a disability benefit at the request 7,748
of the recipient. 7,749
(G) If a disability benefit is terminated and a former 7,752
disability benefit recipient again becomes a contributor, other 7,753
than as an other system retirant as defined in section 3309.341 7,754
of the Revised Code, to this system, the public employees 7,755
retirement system, or the state teachers retirement system, and 7,756
completes an additional two years of service credit after the 7,757
termination of the disability benefit, the former disability 7,758
benefit recipient shall be entitled to full service credit for 7,760
the period as a disability benefit recipient. 7,761
(H) If any employer employs any member who is receiving a 7,763
disability benefit, the employer shall file notice of employment 7,764
with the retirement board, designating the date of employment. 7,765
174
In case the notice is not filed, the total amount of the benefit 7,767
paid during the period of employment prior to notice shall be
paid from amounts allocated under Chapter 3317. of the Revised 7,768
Code prior to its distribution to the school district in which 7,769
the disability benefit recipient was so employed. 7,770
Sec. 3309.411. AS USED IN THIS SECTION, "DISABILITY 7,773
BENEFIT RECIPIENT" MEANS A MEMBER OF THE SCHOOL EMPLOYEES 7,774
RETIREMENT SYSTEM WHO IS RECEIVING A DISABILITY BENEFIT. AS USED 7,776
IN THIS SECTION, "WORKERS' COMPENSATION BENEFIT" HAS THE SAME 7,778
MEANING AS IN SECTION 4123.701 OF THE REVISED CODE. 7,780
(A) NOT LATER THAN THIRTY DAYS AFTER RECEIPT OF NOTICE 7,783
FROM THE BUREAU OF WORKERS' COMPENSATION OR THE INDUSTRIAL 7,784
COMMISSION PURSUANT TO SECTION 4123.701 OF THE REVISED CODE, THE 7,786
RETIREMENT BOARD SHALL ADJUST A MEMBER'S DISABILITY BENEFIT IF 7,788
BOTH OF THE FOLLOWING CONDITIONS ARE MET: 7,789
(1) THE BOARD DETERMINES THAT THE MEMBER IS RECEIVING A 7,791
DISABILITY BENEFIT AND A WORKERS' COMPENSATION BENEFIT FOR THE 7,792
SAME ILLNESS OR INJURY; 7,793
(2) THE SUM OF THE MEMBER'S ANNUAL DISABILITY BENEFIT, 7,795
EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT 7,796
BENEFIT INCREASES, AND THE MEMBER'S ANNUAL WORKERS' COMPENSATION 7,797
BENEFIT EXCEEDS ONE HUNDRED PER CENT OF THE MEMBER'S FINAL 7,798
AVERAGE SALARY.
THE BOARD SHALL DEDUCT FROM THE MEMBER'S ANNUAL DISABILITY 7,800
BENEFIT AN AMOUNT EQUAL TO THE AMOUNT BY WHICH THE SUM OF THE 7,801
MEMBER'S ANNUAL DISABILITY BENEFIT, EXCLUDING ANY COST-OF-LIVING 7,802
ADJUSTMENTS OR POST-RETIREMENT INCREASES, AND THE MEMBER'S ANNUAL 7,803
WORKERS' COMPENSATION BENEFIT EXCEEDS ONE HUNDRED PER CENT OF THE 7,804
MEMBER'S FINAL AVERAGE SALARY. THE AMOUNT DEDUCTED SHALL NOT 7,805
EXCEED ONE HUNDRED PER CENT OF THE DISABILITY BENEFIT PAID, 7,807
EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT
BENEFIT INCREASES. IN THE CASE OF A WORKERS' COMPENSATION 7,809
BENEFIT THAT IS PAID WEEKLY, THE ADJUSTMENT SHALL BE DETERMINED 7,810
AS IF THE WORKERS' COMPENSATION BENEFIT WAS PAID AS A MONTHLY 7,811
175
BENEFIT. IN THE CASE OF A MEMBER WHO RECEIVES A LUMP SUM PAYMENT 7,812
UNDER SECTION 4123.64 OF THE REVISED CODE OR A FINAL SETTLEMENT 7,813
UNDER SECTION 4123.65 OF THE REVISED CODE, THE BOARD SHALL ADJUST 7,815
THE MEMBER'S DISABILITY BENEFIT PAID AS IF THE BENEFIT 7,816
REPRESENTED BY THE LUMP SUM PAYMENT OR FINAL SETTLEMENT AGREEMENT 7,818
BEGAN ON ITS EFFECTIVE DATE AND WAS PAID AS A MONTHLY BENEFIT, 7,819
EXCLUDING ANY AMOUNT OF THE LUMP SUM OR FINAL SETTLEMENT THAT IS 7,820
NOT ATTRIBUTABLE TO A WORKERS' COMPENSATION BENEFIT. THE 7,821
ADJUSTMENT SHALL BE EFFECTIVE ON THE FIRST DAY OF THE FIRST MONTH 7,822
FOLLOWING THE THIRTY-DAY PERIOD DESCRIBED IN THIS DIVISION. 7,823
(B) THE ADJUSTMENT REQUIRED BY THIS SECTION SHALL CONTINUE 7,826
UNTIL THE EARLIER OF THE FOLLOWING: 7,827
(1) A TIME AT WHICH THE SUM OF THE DISABILITY BENEFIT, 7,829
EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT 7,830
BENEFIT INCREASES, AND THE WORKERS' COMPENSATION BENEFIT NO 7,832
LONGER EXCEEDS ONE HUNDRED PER CENT OF THE MEMBER'S FINAL AVERAGE 7,833
SALARY;
(2) THE MEMBER REACHES THE AGE AT WHICH THE MEMBER WOULD 7,835
HAVE BECOME ELIGIBLE FOR NORMAL SERVICE RETIREMENT HAD THE MEMBER 7,837
NOT BECOME DISABLED, ASSUMING CONTINUOUS SERVICE AS A MEMBER. 7,838
(C) IF THE BOARD DETERMINES THAT ANY AMOUNTS WERE OVERPAID 7,841
BY THE SYSTEM PRIOR TO AN AWARD OF WORKERS' COMPENSATION 7,842
BENEFITS, THE BOARD SHALL CERTIFY THE AMOUNT OF THE OVERPAYMENT 7,843
TO THE BUREAU AND MAY RECOVER THE OVERPAYMENT FROM THE BUREAU AS 7,844
PROVIDED IN SECTION 4123.701 OF THE REVISED CODE. 7,846
(D) ANY INCREASE PAID BY THE SYSTEM UNDER SECTION 3309.374 7,848
OF THE REVISED CODE SHALL BE DETERMINED AND PAID AS IF THE 7,851
REDUCTION REQUIRED BY DIVISION (A) OF THIS SECTION HAD NOT BEEN 7,854
MADE.
(E) IF A RECIPIENT OF A DISABILITY BENEFIT FROM THE SYSTEM 7,857
IS ELIGIBLE FOR MEDICAL TREATMENT OR REHABILITATION FROM THE 7,858
BUREAU OF WORKERS' COMPENSATION OR THE INDUSTRIAL COMMISSION, 7,859
HEALTH CARE COVERAGE PROVIDED BY THE SYSTEM, INCLUDING COVERAGE 7,860
UNDER SECTION 3309.69 OF THE REVISED CODE, SHALL COVER ONLY 7,862
176
MEDICAL TREATMENT OR REHABILITATION NOT AVAILABLE THROUGH THE 7,863
BUREAU OR THE COMMISSION. 7,864
Sec. 3309.45. In lieu of accepting the payment of the 7,873
accumulated account of a member who dies before service 7,874
retirement, the beneficiary, as determined in section 3309.44 of 7,875
the Revised Code, may elect to forfeit the accumulated account 7,876
and to substitute certain other benefits either under division 7,877
(A) or (B) of this section. 7,878
(A) If a deceased member was eligible for a service 7,880
retirement allowance as provided in section 3309.36, 3309.38, or 7,881
3309.381 of the Revised Code, a surviving spouse or other sole 7,882
dependent beneficiary may elect to receive a monthly benefit 7,883
computed as the joint-survivor allowance designated as "plan D" 7,884
in section 3309.46 of the Revised Code, which the member would 7,885
have received had the member retired on the last day of the month 7,886
of death and had the member at that time selected such 7,887
joint-survivor plan. Payment shall begin with the month 7,888
subsequent to the member's death. 7,889
(B) If the deceased member had completed at least one and 7,891
one-half years of credit for Ohio service, with at least 7,892
one-quarter year of Ohio contributing service credit within the 7,893
two and one-half years prior to the date of death, or was 7,894
receiving at the time of death a disability benefit as provided 7,895
in section 3309.40 or 3309.401 of the Revised Code, certain 7,896
designated beneficiaries may elect to receive monthly benefits, 7,897
provided in divisions (B)(1) and (5) of this section. 7,898
(1) Number of 7,900
Qualified Or 7,901
dependents Annual Benefit as a Per Monthly Benefit 7,903
affecting Cent of Decedent's Final shall not be 7,906
the benefit Average Salary less than 7,909
1 25% $ 96 7,912
2 40 186 7,913
3 50 236 7,914
177
4 55 236 7,915
5 or more 60 236 7,916
(2) Benefits shall begin as qualified dependents meet 7,919
eligibility requirements as follows: 7,920
(a) Spouse of the deceased member who is age sixty-two, or 7,922
age fifty if the deceased member had ten or more years of Ohio 7,923
service credit, or regardless of age if caring for a dependent 7,924
child, or regardless of age if adjudged physically or mentally 7,925
incompetent. 7,926
(b) Dependent child shall be any unmarried child of the 7,928
deceased member under age eighteen, or under age twenty-two if 7,929
the child is attending an institution of learning or training 7,930
pursuant to a program designed to complete in each school year 7,931
the equivalent of at least two-thirds of the full-time curriculum 7,932
requirements of such institution and as further determined by 7,933
board policy, or regardless of age if adjudged physically or 7,934
mentally incompetent. If not domiciled in the deceased member's 7,935
household at time of death, to qualify as a dependent child the 7,936
deceased member must have contributed to one-half or more of the 7,937
child's support during the twelve-month period prior to death. 7,938
"Child" as used in this section includes a legally adopted child. 7,939
If a court hearing for an interlocutory decree for adoption has 7,940
been held prior to the time of the member's death, the child 7,941
shall qualify for the monthly benefit notwithstanding the fact 7,942
that the final decree of adoption, adjudging the surviving spouse 7,943
as the adoptive parent, is made subsequent to the death of the 7,944
member. 7,945
(c) A dependent parent aged sixty-five or more who 7,947
received at least one-half of the parent's support from the 7,948
member during the twelve-month period immediately preceding the 7,950
member's death.
(3) "Physically or mentally incompetent" as used in this 7,952
section may be determined by a court of jurisdiction, or by a 7,953
physician appointed by the retirement board. Incapability of 7,954
178
earning a living because of a physically or mentally disabling 7,955
condition shall meet the qualifications of this division. 7,956
(4) Benefits to a qualified dependent shall terminate upon 7,958
A FIRST marriage, remarriage, abandonment, adoption, or during 7,959
active military service, except that benefits. BENEFITS 7,961
terminated under this division PRIOR TO THE EFFECTIVE DATE OF 7,963
THIS AMENDMENT due to a first remarriage shall resume if the 7,964
remarriage ceases within two years due to divorce, annulment, 7,965
dissolution, or death. If the surviving spouse of a deceased 7,966
member remarries on or after the effective date of this amendment 7,967
and at the time of remarriage has attained age fifty-five, the 7,968
benefits provided by this division shall continue. The benefits 7,969
provided by this division also shall continue to a deceased 7,971
member's surviving spouse who remarried prior to the effective 7,972
date of this amendment and had attained age sixty-two at the time 7,973
of the remarriage. If the benefits of a deceased member's 7,975
surviving spouse were terminated under this division PRIOR TO THE
EFFECTIVE DATE OF THIS AMENDMENT due to a remarriage occurring on 7,977
or after February 15, 1995, and if at the time of remarriage the 7,978
surviving spouse had attained age fifty-five, the benefits 7,979
terminated under this division shall resume on the first day of
the month immediately following the effective date of this 7,980
amendment JUNE 5, 1996. Upon 7,981
UPON the death of any subsequent spouse who was a member of 7,984
the public employees retirement system, state teachers retirement 7,985
system, or school employees retirement system, the surviving 7,986
spouse of such member may elect to continue receiving benefits 7,987
under this division, or to receive survivor's benefits, based 7,988
upon the subsequent spouse's membership in one or more of the 7,989
systems, for which such surviving spouse is eligible under this 7,990
section or section 145.45 or 3307.49 of the Revised Code. If the 7,991
surviving spouse elects to continue receiving benefits under this 7,992
division, such election shall not preclude the payment of 7,993
benefits under this division to any other qualified dependent. 7,994
179
Benefits shall begin or resume on the first day of the 7,996
month following the attainment of eligibility and shall terminate 7,997
on the first day of the month following loss of eligibility. 7,998
(5) Benefits to a qualified spouse shall be paid in the 8,000
amount determined for the first qualifying dependent in division 8,001
(B)(1) of this section, but shall not be less than one hundred 8,002
six dollars per month if the deceased member had ten or more 8,003
years of Ohio service credit. All other qualifying dependents 8,004
shall share equally in the benefit or remaining portion thereof. 8,005
(6) The beneficiary of a member who is also a member of 8,007
the public employees retirement system, or of the state teachers 8,008
retirement system, must forfeit the member's accumulated 8,009
contributions in those systems, if the beneficiary elects to 8,010
receive a survivor benefit. Such benefit shall be exclusively 8,012
governed by section 3309.35 of the Revised Code. 8,013
(7) If the survivor benefits due and paid under this 8,015
section are in a total amount less than the member's accumulated 8,016
account that was transferred from the employees' savings fund, 8,017
the state teachers retirement fund, and the public employees 8,018
retirement fund to the survivors' benefit fund, then the 8,019
difference between the total amount of the benefits paid shall be 8,020
paid to the beneficiary under section 3309.44 of the Revised 8,021
Code. 8,022
Sec. 4123.511. (A) Within seven days after receipt of any 8,033
claim under this chapter, the bureau of workers' compensation
shall notify the claimant and the employer of the claimant of the 8,034
receipt of the claim and of the facts alleged therein. If the 8,035
bureau receives from a person other than the claimant written or 8,036
telecommunicated information indicating that an injury or 8,037
occupational disease has occurred or been contracted with may be 8,038
compensable under this chapter, the bureau shall notify the 8,039
employee and the employer of the information. If the information 8,040
is provided by any method of telecommunication, the person 8,041
providing the information shall provide written verification of 8,042
180
the information to the bureau according to division (E) of 8,043
section 4123.84 of the Revised Code. The receipt of the 8,044
information in writing, or if by a method of telecommunications, 8,045
the written verification, and the notice by the bureau shall be 8,046
considered an application for compensation under section 4123.84 8,047
or 4123.85 of the Revised Code provided that the conditions of 8,048
division (E) of section 4123.84 of the Revised Code apply to 8,049
information provided by a method of telecommunication. Upon 8,050
receipt of a claim, the bureau shall advise the claimant of the 8,051
claim number assigned and the claimant's right to representation 8,052
in the processing of a claim or to elect no representation. If 8,053
the bureau determines that a claim is determined to be a 8,054
compensable lost time claim, the bureau shall notify the claimant 8,055
and the employer of the availability of rehabilitation services. 8,056
No bureau or industrial commission employee shall directly or 8,057
indirectly convey any information in derogation of this right. 8,058
This section shall in no way abrogate the bureau's responsibility 8,059
to aid and assist a claimant in the filing of a claim and to 8,060
advise the claimant of the claimant's rights under the law. 8,061
THE BUREAU SHALL DETERMINE FROM THE CLAIMANT OR EMPLOYER 8,063
WHETHER THE CLAIMANT IS A MEMBER OF A STATE RETIREMENT SYSTEM AS 8,064
DEFINED IN SECTION 145.30 OF THE REVISED CODE. 8,065
The administrator of workers' compensation shall assign all 8,067
claims and investigations to the bureau service office from which 8,068
investigation and determination may be made most expeditiously. 8,069
The bureau shall investigate the facts concerning an injury 8,071
or occupational disease and ascertain such facts in whatever 8,072
manner is most appropriate and may obtain statements of the 8,073
employee, employer, attending physician, and witnesses in 8,074
whatever manner is most appropriate. 8,075
(B)(1) Except as provided in division (B)(2) of this 8,077
section, in claims other than those in which the employer is a 8,078
self-insuring employer, if the administrator determines under 8,079
division (A) of this section that a claimant is or is not 8,080
181
entitled to an award of compensation or benefits, the 8,081
administrator shall issue an order, no sooner than twenty-one 8,082
days but no later than twenty-eight days after the sending of the 8,084
notice under division (A) of this section, granting or denying 8,085
the payment of the compensation or benefits, or both as is 8,086
appropriate to the claimant. Notwithstanding the time limitation 8,087
specified in this division for the issuance of an order, if a 8,088
medical examination of the claimant is required by statute, the 8,089
administrator promptly shall schedule the claimant for that
examination and shall issue an order no later than twenty-eight 8,090
days after receipt of the report of the examination. The 8,091
administrator shall notify the claimant and the employer of the 8,093
claimant and their respective representatives in writing of the 8,094
nature of the order and the amounts of compensation and benefit 8,095
payments involved. The employer or claimant may appeal the order 8,096
pursuant to division (C) of this section within fourteen days 8,097
after the date of the receipt of the order. The employer and 8,098
claimant may waive, in writing, their rights to an appeal under 8,099
this division.
(2) Notwithstanding the time limitation specified in 8,101
division (B)(1) of this section for the issuance of an order, if 8,102
the employer certifies a claim for payment of compensation or 8,103
benefits, or both, to a claimant, and the administrator has 8,104
completed the investigation of the claim, the payment of benefits 8,106
or compensation, or both, as is appropriate, shall commence upon 8,107
the later of the date of the certification or completion of the 8,108
investigation and issuance of the order by the administrator, 8,109
provided that the administrator shall issue the order no later 8,110
than the time limitation specified in division (B)(1) of this 8,111
section. 8,112
(3) If an appeal is made under division (B)(1) or (2) of 8,114
this section, the administrator shall forward the claim file to 8,115
the appropriate district hearing officer within seven days of the 8,116
appeal. In contested claims other than state fund claims, the 8,117
182
administrator shall forward the claim within seven days of the 8,118
administrator's receipt of the claim to the commission, which 8,120
shall refer the claim to an appropriate district hearing officer 8,121
for a hearing in accordance with division (C) of this section. 8,122
(C) If an employer or claimant timely appeals the order of 8,124
the administrator issued under division (B) of this section or in 8,125
the case of other contested claims other than state fund claims, 8,126
the commission shall refer the claim to an appropriate district 8,127
hearing officer according to rules the commission adopts under 8,128
section 4121.36 of the Revised Code. The district hearing 8,129
officer shall notify the parties and their respective 8,130
representatives of the time and place of the hearing. 8,131
The district hearing officer shall hold a hearing on a 8,133
disputed issue or claim within forty-five days after the filing 8,135
of the appeal under this division and issue a decision within 8,136
seven days after holding the hearing. The district hearing 8,137
officer shall notify the parties and their respective
representatives in writing of the order. Any party may appeal an 8,139
order issued under this division pursuant to division (D) of this 8,140
section within fourteen days after receipt of the order under 8,141
this division. 8,142
(D) Upon the timely filing of an appeal of the order of 8,144
the district hearing officer issued under division (C) of this 8,145
section, the commission shall refer the claim file to an 8,146
appropriate staff hearing officer according to its rules adopted 8,147
under section 4121.36 of the Revised Code. The staff hearing 8,148
officer shall hold a hearing within forty-five days after the 8,149
filing of an appeal under this division and issue a decision 8,150
within seven days after holding the hearing under this division. 8,153
The staff hearing officer shall notify the parties and their 8,154
respective representatives in writing his THE STAFF HEARING
OFFICER'S order. Any party may appeal an order issued under this 8,156
division pursuant to division (E) of this section within fourteen 8,157
days after receipt of the order under this division. 8,158
183
(E) Upon the filing of a timely appeal of the order of the 8,160
staff hearing officer issued under division (D) of this section, 8,161
the commission or a designated staff hearing officer, on behalf 8,162
of the commission, shall determine whether the commission will 8,164
hear the appeal. If the commission or the designated staff
hearing officer decides to hear the appeal, the commission or the 8,166
designated staff hearing officer shall notify the parties and 8,167
their respective representatives in writing of the time and place 8,168
of the hearing. The commission shall hold the hearing within 8,169
forty-five days after the filing of the notice of appeal and, 8,170
within seven days after the conclusion of the hearing, the 8,171
commission shall issue its order affirming, modifying, or 8,172
reversing the order issued under division (D) of this section. 8,173
The commission shall notify the parties and their respective 8,174
representatives in writing of the order. If the commission or 8,175
the designated staff hearing officer determines not to hear the 8,176
appeal, within fourteen days after the filing of the notice of 8,177
appeal, the commission or the designated staff hearing officer 8,178
shall issue an order to that effect and notify the parties and
their respective representatives in writing of that order. 8,179
Except as otherwise provided in this chapter and Chapters 8,181
4121., 4127., and 4131. of the Revised Code, any party may appeal 8,182
an order issued under this division to the court pursuant to 8,183
section 4123.512 of the Revised Code within sixty days after 8,184
receipt of the order, subject to the limitations contained in 8,185
that section. 8,186
(F) Every notice of an appeal from an order issued under 8,188
divisions (B), (C), (D), and (E) of this section shall state the 8,189
names of the claimant and employer, the number of the claim, the 8,190
date of the decision appealed from, and the fact that the 8,191
appellant appeals therefrom. 8,192
(G) All of the following apply to the proceedings under 8,194
divisions (C), (D), and (E) of this section: 8,195
(1) The parties shall proceed promptly and without 8,197
184
continuances except for good cause; 8,198
(2) The parties, in good faith, shall engage in the free 8,200
exchange of information relevant to the claim prior to the 8,201
conduct of a hearing according to the rules the commission adopts 8,202
under section 4121.36 of the Revised Code; 8,203
(3) The administrator is a party and may appear and 8,205
participate at all administrative proceedings on behalf of the 8,206
state insurance fund. However, in cases in which the employer is 8,207
represented, the administrator shall neither present arguments 8,208
nor introduce testimony that is cumulative to that presented or 8,209
introduced by the employer or the employer's representative. The 8,210
administrator may file an appeal under this section on behalf of
the state insurance fund; however, except in cases arising under 8,211
section 4123.343 of the Revised Code, the administrator only may 8,212
appeal questions of law or issues of fraud when the employer 8,213
appears in person or by representative.
(H) Except as provided in division (J) of this section, 8,215
payments of compensation to a claimant or on behalf of a claimant 8,216
as a result of any order issued under this chapter shall commence 8,217
upon the earlier of the following: 8,218
(1) Fourteen days after the date the administrator issues 8,220
an order under division (B) of this section, unless that order is 8,221
appealed; 8,222
(2) Twenty-one days after the date when the employer has 8,224
waived the right to appeal a decision issued under division (B) 8,225
of this section;
(3) If no appeal of an order has been filed under this 8,227
section or to a court under section 4123.512 of the Revised Code, 8,228
the expiration of the time limitations for the filing of an 8,229
appeal of an order; 8,230
(4) The date of receipt by the employer of an order of a 8,232
district hearing officer, a staff hearing officer, or the 8,234
industrial commission issued under division (C), (D), or (E) of 8,235
this section.
185
(I) No medical benefits payable under this chapter or 8,237
Chapter 4121., 4127., or 4131. of the Revised Code are payable 8,238
until the earlier of the following: 8,239
(1) The date of the issuance of the staff hearing 8,241
officer's order under division (D) of this section; 8,242
(2) The date of the final administrative or judicial 8,244
determination. 8,245
(J) Upon the final administrative or judicial 8,247
determination under this section or section 4123.512 of the 8,248
Revised Code of an appeal of an order to pay compensation, if a 8,249
claimant is found to have received compensation pursuant to a 8,250
prior order which is reversed upon subsequent appeal, the 8,251
claimant's employer, if a self-insuring employer, or the bureau, 8,253
shall withhold from any amount to which the claimant becomes 8,254
entitled pursuant to any claim, past, present, or future, under 8,255
Chapter 4121., 4123., 4127., or 4131. of the Revised Code, the 8,256
amount of previously paid compensation to the claimant which, due 8,257
to reversal upon appeal, the claimant is not entitled, pursuant 8,258
to the following criteria: 8,259
(1) No withholding for the first twelve weeks of temporary 8,261
total disability compensation pursuant to section 4123.56 of the 8,262
Revised Code shall be made; 8,263
(2) Forty per cent of all awards of compensation paid 8,265
pursuant to sections 4123.56 and 4123.57 of the Revised Code, 8,266
until the amount overpaid is refunded; 8,267
(3) Twenty-five per cent of any compensation paid pursuant 8,269
to section 4123.58 of the Revised Code until the amount overpaid 8,270
is refunded; 8,271
(4) If, pursuant to an appeal under section 4123.512 of 8,273
the Revised Code, the court of appeals or the supreme court 8,274
reverses the allowance of the claim, then no amount of any 8,275
compensation will be withheld. 8,276
The administrator and self-insuring employers, as 8,278
appropriate, are subject to the repayment schedule of this 8,279
186
division only with respect to an order to pay compensation that 8,280
was properly paid under a previous order, but which is
subsequently reversed upon an administrative or judicial appeal. 8,281
The administrator and self-insuring employers are not subject to, 8,282
but may utilize, the repayment schedule of this division, or any 8,283
other lawful means, to collect payment of compensation made to a 8,284
person who was not entitled to the compensation due to fraud as 8,285
determined by the administrator or the industrial commission. 8,286
(K) If a staff hearing officer or the commission fails to 8,288
issue a decision or the commission fails to refuse to hear an 8,289
appeal within the time periods required by this section, payments 8,290
to a claimant shall cease until the staff hearing officer or 8,291
commission issues a decision or hears the appeal, unless the 8,292
failure was due to the fault or neglect of the employer or the 8,293
employer agrees that the payments should continue for a longer 8,294
period of time. 8,295
(L) Except as otherwise provided in this section or 8,297
section 4123.522 of the Revised Code, no appeal is timely filed 8,298
under this section unless the appeal is filed with the time 8,299
limits set forth in this section.
(M) No person who is not an employee of the bureau or 8,301
commission or who is not by law given access to the contents of a 8,302
claims file shall have a file in the person's possession. 8,303
(N) Upon application of a party who resides in an area in 8,306
which an emergency or disaster is declared, the industrial 8,307
commission and hearing officers of the commission may waive the 8,308
time frame within which claims and appeals of claims set forth in 8,309
this section must be filed upon a finding that the applicant was 8,310
unable to comply with a filing deadline due to an emergency or a 8,311
disaster.
As used in this division: 8,313
(1) "Emergency" means any occasion or instance for which 8,315
the governor of Ohio or the president of the United States 8,317
publicly declares an emergency and orders state or federal 8,318
187
assistance to save lives and protect property, the public health 8,319
and safety, or to lessen or avert the threat of a catastrophe. 8,320
(2) "Disaster" means any natural catastrophe or fire, 8,322
flood, or explosion, regardless of the cause, that causes damage 8,323
of sufficient magnitude that the governor of Ohio or the 8,324
President of the United States, through a public declaration, 8,326
orders state or federal assistance to alleviate damage, loss, 8,327
hardship, or suffering that results from the occurrence. 8,328
Sec. 4123.701. (A) AS USED IN THIS SECTION: 8,331
(1) "STATE RETIREMENT SYSTEM" HAS THE SAME MEANING AS IN 8,333
SECTION 145.30 OF THE REVISED CODE. 8,334
(2) "DISABILITY BENEFIT RECIPIENT" MEANS A MEMBER OF A 8,336
STATE RETIREMENT SYSTEM RECEIVING A DISABILITY BENEFIT FROM THAT 8,337
SYSTEM. 8,338
(3) "WORKERS' COMPENSATION BENEFIT" MEANS COMPENSATION OR 8,340
BENEFITS PAID TO A DISABILITY BENEFIT RECIPIENT PURSUANT TO 8,341
DIVISION (B) OF SECTION 4121.67, DIVISION (D) OR (E) OF SECTION 8,344
4123.57, OR SECTION 4121.63, 4123.56, 4123.58, 4123.64, OR 8,345
4123.65 OF THE REVISED CODE, EXCLUSIVE OF ANY AMOUNT PAID AS 8,347
ATTORNEY'S FEES.
(B) NOT LATER THAN FOURTEEN DAYS AFTER GRANTING, 8,350
MODIFYING, SUSPENDING, OR CEASING PAYMENT OF A WORKERS' 8,351
COMPENSATION BENEFIT TO A DISABILITY BENEFIT RECIPIENT, THE 8,352
BUREAU OF WORKERS' COMPENSATION OR THE INDUSTRIAL COMMISSION 8,353
SHALL NOTIFY THE STATE RETIREMENT SYSTEM OF WHICH THE DISABILITY 8,354
BENEFIT RECIPIENT IS A MEMBER THAT PAYMENT OF A WORKERS' 8,355
COMPENSATION BENEFIT HAS BEEN GRANTED, MODIFIED, SUSPENDED, OR 8,356
CEASED. THE NOTICE SHALL SPECIFY THE AMOUNT OF THE WORKERS' 8,357
COMPENSATION BENEFIT, THE EFFECTIVE DATE OF THE BENEFIT, ITS 8,358
EXPECTED DURATION, IF ANY, AND THE ILLNESS OR INJURY ON WHICH THE 8,359
BENEFIT IS BASED. IN THE CASE OF A LUMP SUM PAYMENT UNDER 8,360
SECTION 4123.64 OF THE REVISED CODE OR A FINAL SETTLEMENT 8,361
AGREEMENT UNDER SECTION 4123.65 OF THE REVISED CODE, THE NOTICE 8,363
SHALL SPECIFY THE TIME PERIOD COVERED BY THE PAYMENT OR 8,364
188
AGREEMENT, EXCLUDING ANY TIME PERIOD OR AMOUNT OF THE LUMP SUM OR 8,365
FINAL SETTLEMENT THAT IS NOT ATTRIBUTABLE TO A WORKERS' 8,366
COMPENSATION BENEFIT. 8,367
(C) IF IT RECEIVES NOTICE OF AN OVERPAYMENT PURSUANT TO 8,370
SECTION 145.363, 742.401, 3307.441, 3309.411, OR 5505.182 OF THE 8,371
REVISED CODE, THE BUREAU SHALL WITHHOLD IN ACCORDANCE WITH 8,373
DIVISION (J) OF SECTION 4123.511 OF THE REVISED CODE FROM ANY 8,374
WORKERS' COMPENSATION BENEFIT TO WHICH THE MEMBER BECOMES 8,375
ENTITLED PURSUANT TO ANY CLAIM, PAST, PRESENT, OR FUTURE, THE 8,376
AMOUNT TO WHICH THE CLAIMANT WAS NOT ENTITLED AND PAY THAT AMOUNT
TO THE STATE RETIREMENT SYSTEM FROM WHICH THE NOTICE WAS 8,377
RECEIVED.
Sec. 5505.04. (A) The general administration and 8,386
management of the state highway patrol retirement system and the 8,387
making effective of this chapter are hereby vested in the state 8,388
highway patrol retirement board. The board may sue and be sued, 8,389
plead and be impleaded, contract and be contracted with, and do 8,390
all things necessary to carry out this chapter. 8,391
The board shall consist of the auditor of state, the 8,393
superintendent of the state highway patrol, a retirant-member who 8,394
is a resident of this state, and four employee-members. 8,395
The board shall annually elect a chairperson and 8,397
vice-chairperson from among its members. The vice-chairperson 8,398
shall act as chairperson in the absence of the chairperson. A 8,399
majority of the members of the board shall constitute a quorum 8,400
and any action taken shall be approved by four or more of the 8,401
members. The board shall meet not less than once each year, upon 8,402
sufficient notice to the members. All meetings of the board 8,403
shall be open to the public except executive sessions as set 8,404
forth in division (G) of section 121.22 of the Revised Code, and 8,405
any portions of any sessions discussing medical records or the 8,406
degree of disability of a member excluded from public inspection 8,407
by this section.
(B) The attorney general shall prescribe procedures for 8,409
189
the adoption of rules authorized under this chapter, consistent 8,410
with the provision of section 111.15 of the Revised Code under 8,411
which all rules shall be filed in order to be effective. Such 8,412
procedures shall establish methods by which notice of proposed 8,413
rules are given to interested parties and rules adopted by the 8,414
board published and otherwise made available. WHEN IT FILES A 8,416
RULE WITH THE JOINT COMMITTEE ON AGENCY RULE REVIEW PURSUANT TO 8,417
SECTION 111.15 OF THE REVISED CODE, THE BOARD SHALL SUBMIT TO THE 8,419
OHIO RETIREMENT STUDY COUNCIL A COPY OF THE FULL TEXT OF THE 8,420
RULE, AND IF APPLICABLE, A COPY OF THE RULE SUMMARY AND FISCAL 8,422
ANALYSIS REQUIRED BY DIVISION (B) OF SECTION 127.18 OF THE 8,424
REVISED CODE. 8,425
(C) The retirant-member of the board shall be elected for 8,427
a four-year term by a general election of service and disability 8,428
retirants conducted in a manner approved by the board. The term 8,429
of the initial retirant-member shall commence in August 1990. A 8,430
person who at the time of retirement is an employee-member of the 8,431
board is not eligible to become a retirant-member until three 8,432
years after such person's retirement date. Employee-members of 8,434
the board shall be elected for terms of four years by a general 8,435
election of contributing members conducted in a manner approved 8,436
by the board. The term of office of each employee-member shall 8,437
commence in August of the year in which such member is elected. 8,438
Any vacancy occurring in the term of the retirant-member or any 8,440
employee-member of the board shall be filled by an election 8,441
conducted in the same manner as other retirant-member and 8,442
employee-member elections. The retirant-member or 8,443
employee-member elected shall fill the unexpired term. 8,444
(D)(1) As used in this division, "personal history record" 8,446
means information maintained by the board on a member, former 8,447
member, retirant, or beneficiary that includes the address, 8,448
telephone number, social security number, record of 8,449
contributions, correspondence with the system, and other 8,450
information the board determines to be confidential. 8,451
190
(2) The records of the board shall be open to public 8,453
inspection, except for the following which shall be excluded: the 8,455
member's, former member's, retirant's, or beneficiary's personal 8,456
history record and the amount of a monthly allowance or benefit 8,457
paid to a retirant, beneficiary, or survivor, except with the 8,458
written authorization of the individual concerned. All medical 8,459
reports and recommendations are privileged except that copies of 8,460
such medical reports or recommendations shall be made available 8,461
to the individual's personal physician, attorney, or authorized 8,462
agent upon written release received from such individual or such 8,463
individual's agent, or when necessary for the proper 8,464
administration of the fund to the board-assigned physician. 8,465
(E) Notwithstanding the exceptions to public inspection in 8,467
division (D)(2) of this section, the board may furnish the 8,468
following information: 8,469
(1) If a member, former member, or retirant is subject to 8,471
an order issued under section 2907.15 of the Revised Code or is 8,472
convicted of or pleads guilty to a violation of section 2921.41 8,473
of the Revised Code, on written request of a prosecutor as 8,474
defined in section 2935.01 of the Revised Code, the board shall 8,475
furnish to the prosecutor the information requested from the 8,476
individual's personal history record. 8,477
(2) Pursuant to a court order issued under section 3113.21 8,479
of the Revised Code, the board shall furnish to a court or child 8,480
support enforcement agency the information required under that 8,481
section. 8,482
(3) At the written request of any nonprofit organization 8,484
or association providing services to retirement system members, 8,485
retirants, or beneficiaries, the board shall provide to the 8,486
organization or association a list of the names and addresses of 8,487
members, former members, retirants, or beneficiaries if the 8,488
organization or association agrees to use such information solely 8,489
in accordance with its stated purpose of providing services to 8,490
such individuals and not for the benefit of other persons, 8,491
191
organizations, or associations. The costs of compiling, copying, 8,492
and mailing the list shall be paid by such entity. 8,493
(4) Within fourteen days after receiving from the director 8,495
of human services a list of the names and social security numbers 8,496
of recipients of public assistance pursuant to section 5101.181 8,497
of the Revised Code, the board shall inform the auditor of state 8,498
of the name, current or most recent employer address, and social 8,499
security number of each member whose name and social security 8,500
number are the same as those of a person whose name or social 8,501
security number was submitted by the director. The board and its 8,502
employees, except for purposes of furnishing the auditor of state 8,503
with information required by this section, shall preserve the 8,504
confidentiality of recipients of public assistance in compliance 8,505
with division (A) of section 5101.181 of the Revised Code. 8,506
(F) A statement that contains information obtained from 8,508
the system's records that is certified and signed by an officer 8,509
of the retirement system and to which the system's official seal 8,510
is affixed, or copies of the system's records to which the 8,511
signature and seal are attached, shall be received as true copies 8,512
of the system's records in any court or before any officer of 8,513
this state. 8,514
Sec. 5505.176. ON THE DEATH OF A MEMBER PRIOR TO RECEIPT 8,518
OF A DISABILITY PENSION OR AGE AND SERVICE RETIREMENT PENSION,
THE SURVIVING SPOUSE OR DEPENDENTS OF THE MEMBER MAY PURCHASE ANY 8,520
SERVICE CREDIT THE MEMBER, HAD THE MEMBER NOT DIED, WOULD HAVE 8,521
BEEN ELIGIBLE TO PURCHASE UNDER THIS CHAPTER ON THE SAME TERMS 8,523
AND CONDITIONS THAT THE MEMBER COULD HAVE PURCHASED THE CREDIT. 8,524
SERVICE CREDIT PURCHASED UNDER THIS SECTION SHALL BE APPLIED IN 8,526
THE MANNER IT WOULD HAVE BEEN APPLIED HAD IT BEEN PURCHASED BY 8,528
THE MEMBER DURING THE MEMBER'S LIFETIME. 8,529
Sec. 5505.18. As used in this section, "member" does not 8,539
include state highway patrol cadets attending training schools 8,540
pursuant to section 5503.05 of the Revised Code.
(A)(1) Upon the application of a member of the state 8,542
192
highway patrol retirement system, A PERSON ACTING ON BEHALF OF A 8,543
MEMBER, or the superintendent of the state highway patrol on 8,545
behalf of a member, a member who becomes totally and permanently 8,546
incapacitated for duty in the employ of the state highway patrol 8,547
may be retired by the state highway patrol retirement board. 8,548
NOT LATER THAN FOURTEEN DAYS AFTER RECEIVING AN APPLICATION 8,552
FOR A DISABILITY PENSION FROM A MEMBER OR A PERSON ACTING ON
BEHALF OF A MEMBER, THE BOARD SHALL NOTIFY THE SUPERINTENDENT 8,554
THAT AN APPLICATION HAS BEEN FILED. THE NOTICE SHALL STATE THE 8,555
MEMBER'S NAME AND SOCIAL SECURITY NUMBER. NOT LATER THAN 8,556
TWENTY-EIGHT DAYS AFTER RECEIVING THE NOTICE OR FILING AN 8,557
APPLICATION ON BEHALF OF A MEMBER, THE SUPERINTENDENT SHALL 8,558
FORWARD TO THE BOARD A STATEMENT CERTIFYING THE MEMBER'S JOB 8,559
DESCRIPTION AND ANY OTHER INFORMATION REQUIRED BY THE BOARD TO 8,560
PROCESS THE APPLICATION.
THE BOARD SHALL MAINTAIN THE INFORMATION SUBMITTED UNDER 8,563
THIS DIVISION IN THE MEMBER'S FILE.
(2) The medical examination of a member who has applied 8,566
for disability retirement shall be conducted by a competent 8,567
physician or physicians appointed by the board. The physician or 8,568
physicians shall file a written report with the board containing 8,569
the following information:
(1)(a) Whether the member is totally incapacitated for 8,571
duty in the employ of the patrol; 8,572
(2)(b) Whether the incapacity is expected to be permanent; 8,574
(3)(c) The cause of the member's incapacity. 8,576
The board shall determine whether the member qualifies for 8,578
disability retirement and its decision shall be final. The board 8,579
shall consider the written medical report, opinions, statements, 8,580
and other competent evidence in making its determination. If the 8,581
incapacity is a result of heart disease or any cardiovascular 8,582
disease of a chronic nature, which disease or any evidence of 8,583
which was not revealed by the physical examination passed by the 8,584
member on entry into the patrol, the member is presumed to have 8,585
193
incurred the disease in the line of duty as a member of the 8,586
patrol, unless the contrary is shown by competent evidence. 8,587
(B)(1) A member whose retirement on account of disability 8,589
incurred in the line of duty shall receive the applicable pension 8,590
provided for in section 5505.17 of the Revised Code, except that 8,591
if the member has less than twenty-five years of contributing 8,592
service, the member's service credit shall be deemed to be 8,593
twenty-five years for the purpose of this provision. In no case 8,595
shall the member's disability pension be less than sixty per cent 8,597
or exceed the lesser of seventy-two per cent of the member's 8,598
final average salary or the limit established by section 415 of 8,599
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 8,600
415, as amended. 8,601
(2) A member whose retirement on account of disability 8,603
incurred not in the line of duty shall receive the applicable 8,604
pension provided for in section 5505.17 of the Revised Code, 8,605
except that if the member has less than twenty years of 8,606
contributing service, the member's service credit shall be deemed 8,608
to be twenty years for the purpose of this provision. In no case 8,609
shall the member's disability pension exceed the lesser of 8,610
seventy-two per cent of the member's final average salary or the 8,612
limit established by section 415 of the "Internal Revenue Code of 8,614
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 8,615
(C) THE STATE HIGHWAY PATROL RETIREMENT BOARD SHALL ADOPT 8,617
RULES REQUIRING A DISABILITY PENSION RECIPIENT, AS A CONDITION OF 8,618
CONTINUING TO RECEIVE A DISABILITY PENSION, TO AGREE IN WRITING 8,619
TO RECEIVE ANY MEDICAL TREATMENT RECOMMENDED BY THE BOARD'S 8,620
PHYSICIAN AND SUBMIT MEDICAL REPORTS REGARDING THE TREATMENT. IF 8,621
THE BOARD DETERMINES THAT A DISABILITY PENSION RECIPIENT IS NOT 8,622
RECEIVING THE MEDICAL TREATMENT, THE DISABILITY PENSION SHALL BE 8,624
SUSPENDED UNTIL THE TREATMENT COMMENCES OR IS RESUMED. SHOULD 8,625
THE RECIPIENT'S FAILURE TO RECEIVE TREATMENT CONTINUE FOR ONE 8,626
YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY BENEFIT SHALL BE 8,627
FORFEITED. 8,628
194
(D) A member placed on a disability pension who has not 8,630
attained the age of fifty-five years shall be subject to an 8,632
annual medical re-examination by physicians appointed by the
board, except that the board may waive the medical re-examination 8,634
if the board's physicians specify that the member's disability is 8,635
ongoing. If any member placed on a disability pension refuses to 8,636
submit to a medical re-examination, the member's disability 8,637
pension shall be discontinued SUSPENDED until the member 8,639
withdraws the refusal. If the refusal continues for one year, 8,640
all the member's rights under and to the disability pension shall 8,641
be forfeited. 8,642
(D)(E) EACH RECIPIENT OF A DISABILITY PENSION SHALL FILE 8,644
WITH THE BOARD AN ANNUAL STATEMENT OF EARNINGS, CURRENT MEDICAL 8,646
INFORMATION ON THE RECIPIENT'S CONDITION, AND ANY OTHER 8,647
INFORMATION REQUIRED BY THE BOARD, INCLUDING COPIES OF THE 8,649
RECIPIENT'S COMPLETED STATE INCOME TAX RETURN AND ANY OTHER 8,650
INFORMATION PROVIDED TO THE DEPARTMENT OF TAXATION. AT THE 8,651
BOARD'S REQUEST, THE TAX COMMISSIONER SHALL PROVIDE TO THE BOARD 8,653
COPIES OF A RECIPIENT'S COMPLETED STATE INCOME TAX RETURN AND ANY 8,654
OTHER INFORMATION PROVIDED TO THE DEPARTMENT IN ORDER TO VERIFY 8,655
THE RECIPIENT'S ANNUAL STATEMENT OF EARNINGS. THE BOARD SHALL 8,656
REIMBURSE THE DEPARTMENT FOR THE COST OF PROVIDING THE COPIES. 8,657
THE BOARD SHALL ANNUALLY EXAMINE THE INFORMATION. IF A 8,660
RECIPIENT REFUSES TO FILE THE INFORMATION, THE DISABILITY PENSION 8,661
SHALL BE SUSPENDED UNTIL THE INFORMATION IS FILED. IF THE 8,662
REFUSAL CONTINUES FOR ONE YEAR, THE RIGHT TO THE PENSION SHALL BE
FORFEITED. 8,663
(F) A retirant who has been on disability pension, and who 8,666
has been physically examined and found capable of performing the 8,667
retirant's duties, shall be restored to the rank the retirant 8,669
held at the time the retirant was pensioned and all previous 8,670
rights shall be restored, including the retirant's civil service 8,672
status, and the disability pension shall terminate. Upon return 8,674
to employment in the patrol, the retirant shall again become a 8,675
195
contributing member of the retirement system, the total service 8,677
at the time of the retirant's retirement shall be restored to the 8,679
retirant's credit, and the retirant shall be given service credit 8,680
for the period the retirant was in receipt of a disability 8,682
pension. The provisions of this division shall be retroactive to 8,683
September 5, 1941.
(E)(G) The board may adopt rules to carry out this 8,685
section.
Sec. 5505.181. NOT LATER THAN MARCH 1, 1999, AND EACH 8,688
FIRST DAY OF MARCH FOR THE SUCCEEDING FIVE YEARS, THE STATE 8,690
HIGHWAY PATROL RETIREMENT BOARD SHALL MAKE AND SUBMIT A REPORT 8,691
FOR THE PRECEDING FISCAL YEAR OF THE DISABILITY RETIREMENT 8,692
EXPERIENCE OF THE STATE HIGHWAY PATROL. THE REPORT SHALL SPECIFY 8,693
THE TOTAL NUMBER OF DISABILITY APPLICATIONS SUBMITTED, THE STATUS 8,694
OF EACH APPLICATION AS OF THE LAST DAY OF THE FISCAL YEAR, TOTAL 8,695
APPLICATIONS GRANTED OR DENIED, AND THE PERCENTAGE OF DISABILITY 8,696
BENEFIT RECIPIENTS TO THE TOTAL NUMBER OF THE PATROL'S EMPLOYEES 8,697
WHO ARE MEMBERS OF THE STATE HIGHWAY PATROL RETIREMENT SYSTEM. 8,698
THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE OHIO 8,699
RETIREMENT STUDY COUNCIL, AND THE CHAIRPERSONS OF THE STANDING 8,700
COMMITTEES AND SUBCOMMITTEES OF THE SENATE AND HOUSE OF 8,701
REPRESENTATIVES WITH PRIMARY RESPONSIBILITY FOR RETIREMENT 8,702
LEGISLATION.
Sec. 5505.182. AS USED IN THIS SECTION, "DISABILITY 8,705
PENSION RECIPIENT" MEANS A PERSON WHO IS RECEIVING A DISABILITY 8,707
PENSION PURSUANT TO SECTION 5505.18 OF THE REVISED CODE. AS USED 8,710
IN THIS SECTION, "WORKERS' COMPENSATION BENEFIT" HAS THE SAME 8,712
MEANING AS IN SECTION 4123.701 OF THE REVISED CODE. 8,714
FOR THE PURPOSE OF DETERMINING FINAL AVERAGE SALARY UNDER 8,716
THIS SECTION, "SALARY" INCLUDES PAYMENTS FOR OVERTIME WORK, 8,717
NOTWITHSTANDING DIVISION (S)(2)(c) OF SECTION 5505.01 OF THE 8,718
REVISED CODE. 8,719
(A) NOT LATER THAN THIRTY DAYS AFTER RECEIPT OF NOTICE 8,722
FROM THE BUREAU OF WORKERS' COMPENSATION OR THE INDUSTRIAL 8,723
196
COMMISSION PURSUANT TO SECTION 4123.701 OF THE REVISED CODE, THE 8,725
RETIREMENT BOARD SHALL ADJUST A MEMBER'S DISABILITY BENEFIT IF 8,727
BOTH OF THE FOLLOWING CONDITIONS ARE MET: 8,728
(1) THE BOARD DETERMINES THAT THE MEMBER IS RECEIVING A 8,730
DISABILITY BENEFIT AND A WORKERS' COMPENSATION BENEFIT FOR THE 8,731
SAME ILLNESS OR INJURY; 8,732
(2) THE SUM OF THE MEMBER'S ANNUAL DISABILITY BENEFIT, 8,734
EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT 8,735
BENEFIT INCREASES, AND THE MEMBER'S ANNUAL WORKERS' COMPENSATION 8,736
BENEFIT EXCEEDS ONE HUNDRED PER CENT OF THE MEMBER'S FINAL 8,737
AVERAGE SALARY.
THE BOARD SHALL DEDUCT FROM THE MEMBER'S ANNUAL DISABILITY 8,739
BENEFIT AN AMOUNT EQUAL TO THE AMOUNT BY WHICH THE SUM OF THE 8,740
MEMBER'S ANNUAL DISABILITY BENEFIT, EXCLUDING ANY COST-OF-LIVING 8,741
ADJUSTMENTS OR POST-RETIREMENT INCREASES, AND THE MEMBER'S ANNUAL 8,742
WORKERS' COMPENSATION BENEFIT EXCEEDS ONE HUNDRED PER CENT OF THE 8,743
MEMBER'S FINAL AVERAGE SALARY. THE AMOUNT DEDUCTED SHALL NOT 8,744
EXCEED ONE HUNDRED PER CENT OF THE DISABILITY BENEFIT PAID, 8,746
EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT
BENEFIT INCREASES. IN THE CASE OF A WORKERS' COMPENSATION 8,748
BENEFIT THAT IS PAID WEEKLY, THE ADJUSTMENT SHALL BE DETERMINED 8,749
AS IF THE WORKERS' COMPENSATION BENEFIT WAS PAID AS A MONTHLY 8,750
BENEFIT. IN THE CASE OF A MEMBER WHO RECEIVES A LUMP SUM PAYMENT 8,751
UNDER SECTION 4123.64 OF THE REVISED CODE OR A FINAL SETTLEMENT 8,752
UNDER SECTION 4123.65 OF THE REVISED CODE, THE BOARD SHALL ADJUST 8,754
THE MEMBER'S DISABILITY BENEFIT PAID AS IF THE BENEFIT 8,755
REPRESENTED BY THE LUMP SUM PAYMENT OR FINAL SETTLEMENT AGREEMENT 8,757
BEGAN ON ITS EFFECTIVE DATE AND WAS PAID AS A MONTHLY BENEFIT, 8,758
EXCLUDING ANY AMOUNT OF THE LUMP SUM OR FINAL SETTLEMENT THAT IS 8,759
NOT ATTRIBUTABLE TO A WORKERS' COMPENSATION BENEFIT. THE 8,760
ADJUSTMENT SHALL BE EFFECTIVE ON THE FIRST DAY OF THE FIRST MONTH 8,761
FOLLOWING THE THIRTY-DAY PERIOD DESCRIBED IN THIS DIVISION. 8,762
(B) THE ADJUSTMENT REQUIRED BY THIS SECTION SHALL CONTINUE 8,765
UNTIL THE EARLIER OF THE FOLLOWING: 8,766
197
(1) A TIME AT WHICH THE SUM OF THE DISABILITY BENEFIT, 8,768
EXCLUDING ANY COST-OF-LIVING ADJUSTMENTS OR POST-RETIREMENT 8,769
BENEFIT INCREASES, AND THE WORKERS' COMPENSATION BENEFIT NO 8,771
LONGER EXCEEDS ONE HUNDRED PER CENT OF THE MEMBER'S FINAL AVERAGE 8,772
SALARY;
(2) THE MEMBER REACHES THE AGE AT WHICH THE MEMBER WOULD 8,774
HAVE BECOME ELIGIBLE FOR NORMAL SERVICE RETIREMENT HAD THE MEMBER 8,776
NOT BECOME DISABLED, ASSUMING CONTINUOUS SERVICE AS A MEMBER. 8,777
(C) IF THE BOARD DETERMINES THAT ANY AMOUNTS WERE OVERPAID 8,780
BY THE SYSTEM PRIOR TO AN AWARD OF WORKERS' COMPENSATION 8,781
BENEFITS, THE BOARD SHALL CERTIFY THE AMOUNT OF THE OVERPAYMENT 8,782
TO THE BUREAU AND MAY RECOVER THE OVERPAYMENT FROM THE BUREAU AS 8,783
PROVIDED IN SECTION 4123.701 OF THE REVISED CODE. 8,785
(D) ANY ADDITIONAL BENEFIT PAID BY THE SYSTEM UNDER 8,788
SECTION 5505.174 OF THE REVISED CODE SHALL BE DETERMINED AND PAID 8,791
AS IF THE REDUCTION REQUIRED BY DIVISION (A) OF THIS SECTION HAS 8,793
NOT BEEN MADE. 8,794
(E) IF A RECIPIENT OF A DISABILITY BENEFIT FROM THE SYSTEM 8,797
IS ELIGIBLE FOR MEDICAL TREATMENT OR REHABILITATION FROM THE 8,798
BUREAU OF WORKERS' COMPENSATION OR THE INDUSTRIAL COMMISSION, 8,799
HEALTH CARE COVERAGE PROVIDED BY THE SYSTEM, INCLUDING COVERAGE 8,800
UNDER SECTION 5505.28 OF THE REVISED CODE, SHALL COVER ONLY 8,802
MEDICAL TREATMENT OR REHABILITATION NOT AVAILABLE THROUGH THE 8,803
BUREAU OR THE COMMISSION. 8,804
Sec. 5505.201. A member of the state highway patrol 8,813
retirement system shall, in computing years of active service in 8,814
the highway patrol under sections 5505.16, 5505.17, and 5505.18 8,815
of the Revised Code, be given full credit for time served as a 8,816
policeman POLICE OFFICER or fireman FIREFIGHTER covered under 8,818
Chapter 742. and former Chapters 521. and 541. of the Revised 8,819
Code, provided such member pays to the state highway patrol 8,820
retirement system the amount received by him THE MEMBER under 8,821
division (I) of former section 521.11, division (I) of former 8,822
section 741.18, division (I) of former section 741.49, or 8,823
198
division (G) of section 742.37 of the Revised Code, with compound 8,824
interest thereon at a rate to be determined by the state highway 8,825
patrol retirement board from the date of such receipt to the date 8,826
of such deposit. A member may choose to purchase only part of 8,827
such credit in any one payment, subject to board rules. 8,828
Upon certification by the state highway patrol retirement 8,830
board to the board of trustees of the police and firemen's 8,831
disability and pension fund of such payment by the member, the 8,832
police and firemen's disability and pension fund shall pay from 8,833
the appropriate employers' contribution fund under section 742.38 8,834
742.59 of the Revised Code to the state highway patrol retirement 8,835
system an amount equal to the payment of the member. 8,836
Sec. 5505.202. (A) As used in this section: 8,845
(1) "State or municipal retirement system" means the 8,847
public employees retirement system, the school employees 8,848
retirement system, the state teachers retirement system, and the 8,849
Cincinnati retirement system. 8,850
(2) "Amount received" means the amount received by a 8,852
former member of a state retirement system under section 145.40, 8,853
3307.46, or 3309.42 of the Revised Code, or the amount received 8,854
by a former member of the Cincinnati retirement system as a 8,855
return of the former member's contributions and payments for 8,856
credit purchased for service as a member of the armed forces of 8,857
the United States. 8,858
(3) "Full-time service" means full-time service as defined 8,860
by rule which shall be adopted by the state highway patrol 8,861
retirement board. 8,862
(4)(2) "Qualified contributions" means contributions to 8,864
the public employees retirement system, STATE TEACHERS RETIREMENT 8,865
SYSTEM, OR SCHOOL EMPLOYEES RETIREMENT SYSTEM attributable to 8,866
full-time service or purchase of credit for service in the armed 8,867
forces of the United States. 8,868
(B) In addition to credit purchased under section 5505.201 8,870
of the Revised Code, a member's total service credit for (1) FOR 8,872
199
purposes of computing the pension payable to the member under 8,873
section 5505.17 or 5505.18 of the Revised Code shall include the 8,874
following:
(1) Service credit earned as a member of a state or 8,876
municipal retirement system if, in the case of a member who, A 8,878
MEMBER OF THE STATE HIGHWAY PATROL RETIREMENT SYSTEM WHO IS A 8,879
FORMER MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, SCHOOL 8,880
EMPLOYEES RETIREMENT SYSTEM, OR STATE TEACHERS RETIREMENT SYSTEM 8,881
AND has received a return of contributions from the state or 8,884
municipal FORMER retirement system, the member pays into the 8,885
state highway patrol retirement system SHALL BE GIVEN FULL CREDIT 8,888
FOR SERVICE CREDIT EARNED FOR FULL-TIME SERVICE AS A MEMBER OF 8,889
THE FORMER RETIREMENT SYSTEM OR PURCHASED FOR SERVICE IN THE 8,890
ARMED FORCES OF THE UNITED STATES IF, FOR EACH YEAR OF SERVICE 8,893
CREDIT, THE STATE HIGHWAY PATROL RETIREMENT SYSTEM RECEIVES THE 8,894
SUM OF THE FOLLOWING:
(a) AN AMOUNT, WHICH SHALL BE PAID BY THE MEMBER to the 8,898
member's credit in the employees savings fund an amount, equal to 8,900
the amount received by the member from the state or municipal 8,902
FORMER retirement system FOR THAT YEAR that is attributable to 8,904
contributions made for full-time service and payments for credit 8,905
purchased for service in the armed forces of the United States, 8,906
plus interest compounded annually on such amount. The interest, 8,907
at a rate determined by the state highway patrol retirement 8,908
board, shall be computed from the date payment was made to the 8,909
member by the state or municipal FORMER retirement system to the 8,910
date the member makes the payment to the state highway patrol 8,912
retirement system. At the request of the state highway patrol 8,913
retirement system, the state or municipal retirement system shall 8,914
certify the beginning and ending dates of the member's service 8,915
covered by that system, the amount received by the member from 8,916
that system, and the date on which the payment was made. The 8,918
state highway patrol retirement system shall determine the extent 8,919
to which the amount received by the member is attributable to 8,920
200
full-time service and shall inform the member of the payment 8,921
necessary to purchase credit under this division. Subject to 8,922
board rules, a member may choose to purchase in any one payment 8,923
only part of the credit the member is eligible to purchase under 8,925
this division;
(b) AN AMOUNT, WHICH SHALL BE TRANSFERRED BY THE FORMER 8,927
RETIREMENT SYSTEM, EQUAL TO THE LESSER OF THE EMPLOYER'S 8,928
QUALIFIED CONTRIBUTIONS TO THE FORMER RETIREMENT SYSTEM FOR THE 8,929
YEAR OF SERVICE OR THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY 8,931
THE EMPLOYER FOR THE YEAR OF SERVICE HAD THE MEMBER BEEN A MEMBER 8,932
OF THE STATE HIGHWAY PATROL RETIREMENT SYSTEM, WITH INTEREST FROM 8,933
THE DATE THE LAST CONTRIBUTION WAS MADE TO THE DATE THE TRANSFER 8,934
IS MADE.
ON RECEIPT OF PAYMENT FROM THE MEMBER, THE STATE HIGHWAY 8,937
PATROL RETIREMENT SYSTEM SHALL NOTIFY THE FORMER RETIREMENT 8,938
SYSTEM, WHICH, ON RECEIPT OF THE NOTICE, SHALL MAKE THE TRANSFER 8,939
REQUIRED BY THIS DIVISION. INTEREST SHALL BE DETERMINED IN 8,940
ACCORDANCE WITH DIVISION (E) OF THIS SECTION. 8,941
(2) Full-time service credit earned as a member of the 8,943
public employees retirement system or credit purchased for 8,944
service in the armed forces of the United States if the member 8,945
FOR PURPOSES OF COMPUTING THE PENSION PAYABLE UNDER SECTION 8,947
5505.17 OR 5505.18 OF THE REVISED CODE, A MEMBER OF THE STATE 8,949
HIGHWAY PATROL RETIREMENT SYSTEM WHO has not received a return of 8,953
contributions to that ON DEPOSIT WITH THE PUBLIC EMPLOYEES 8,954
RETIREMENT SYSTEM, SCHOOL EMPLOYEES RETIREMENT SYSTEM, OR STATE
TEACHERS RETIREMENT system and SHALL BE GIVEN FULL CREDIT FOR 8,956
SERVICE CREDIT EARNED FOR FULL-TIME SERVICE AS A MEMBER OF THAT 8,957
RETIREMENT SYSTEM OR PURCHASED FOR SERVICE IN THE ARMED FORCES OF 8,958
THE UNITED STATES if, at the member's request, the public 8,963
employees retirement system, SCHOOL EMPLOYEES RETIREMENT SYSTEM, 8,964
OR STATE TEACHERS RETIREMENT SYSTEM transfers to the state 8,965
highway patrol retirement system an THE SUM OF THE FOLLOWING: 8,966
(a) AN amount equal to the member's qualified 8,969
201
contributions with interest compounded annually thereon for the 8,971
period from the date that the last such contribution was made to 8,972
the date the transfer is made. The interest shall be at the 8,973
actuarial assumption rate of the public employees retirement 8,974
system at the time the transfer is made. The public employees 8,975
retirement system shall certify to the state highway patrol 8,976
retirement system a copy of the records of the service and 8,977
contributions of the member;
(b) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S 8,979
QUALIFIED CONTRIBUTIONS TO THE PUBLIC EMPLOYEES RETIREMENT 8,980
SYSTEM, SCHOOL EMPLOYEES RETIREMENT SYSTEM, OR STATE TEACHERS 8,981
RETIREMENT SYSTEM OR THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED 8,983
BY THE EMPLOYER FOR THE FULL-TIME SERVICE HAD THE MEMBER BEEN A 8,984
MEMBER OF THE STATE HIGHWAY PATROL RETIREMENT SYSTEM; 8,985
(c) INTEREST, DETERMINED IN ACCORDANCE WITH DIVISION (E) 8,988
OF THIS SECTION, ON THE TOTAL OF THE AMOUNTS SPECIFIED IN 8,989
DIVISIONS (B)(2)(a) AND (b) OF THIS SECTION FROM THE DATE THE 8,990
LAST CONTRIBUTION WAS MADE TO THE DATE THE TRANSFER IS MADE. 8,992
ON RECEIPT OF A REQUEST FROM THE MEMBER, THE APPROPRIATE 8,995
RETIREMENT SYSTEM SHALL MAKE THE TRANSFER.
(3) FOR PURPOSES OF COMPUTING THE PENSION PAYABLE UNDER 8,997
SECTION 5505.17 OR 5505.18 OF THE REVISED CODE, A MEMBER OF THE 9,000
STATE HIGHWAY PATROL RETIREMENT SYSTEM WHO HAS CONTRIBUTIONS ON 9,001
DEPOSIT WITH THE CINCINNATI RETIREMENT SYSTEM SHALL BE GIVEN FULL 9,003
CREDIT FOR SERVICE CREDIT EARNED FOR FULL-TIME SERVICE AS A 9,004
MEMBER OF THAT RETIREMENT SYSTEM OR PURCHASED FROM THE RETIREMENT 9,005
SYSTEM FOR SERVICE IN THE ARMED FORCES OF THE UNITED STATES IF, 9,007
FOR EACH YEAR OF SERVICE CREDIT, THE STATE HIGHWAY PATROL 9,008
RETIREMENT SYSTEM RECEIVES THE SUM OF THE FOLLOWING: 9,009
(a) AN AMOUNT, WHICH SHALL BE PAID BY THE MEMBER TO THE 9,012
MEMBER'S CREDIT IN THE EMPLOYEES SAVINGS FUND, EQUAL TO THE 9,013
AMOUNT WITHDRAWN FROM THE CINCINNATI RETIREMENT SYSTEM THAT IS 9,015
ATTRIBUTABLE TO THAT YEAR OF SERVICE, WITH INTEREST DETERMINED IN
ACCORDANCE WITH DIVISION (I) OF THIS SECTION FROM THE DATE OF 9,017
202
WITHDRAWAL TO THE DATE OF PAYMENT;
(b) AN AMOUNT, WHICH SHALL BE PAID EITHER BY THE MEMBER OR 9,020
THE CINCINNATI RETIREMENT SYSTEM, EQUAL TO THE LESSER OF THE 9,022
AMOUNT CONTRIBUTED BY THE EMPLOYER TO THE CINCINNATI RETIREMENT 9,023
SYSTEM FOR THE YEAR OF SERVICE OR THE AMOUNT THAT WOULD HAVE BEEN 9,025
CONTRIBUTED BY THE EMPLOYER FOR THE YEAR OF SERVICE HAD THE
MEMBER BEEN A MEMBER OF THE STATE HIGHWAY PATROL RETIREMENT 9,026
SYSTEM. 9,027
(C) If a member who IS NOT A CURRENT CONTRIBUTOR AND has 9,029
not received a refund of accumulated contributions elects to 9,032
receive credit under section 145.295, 3307.412, OR 3309.351 of 9,033
the Revised Code for service for which the member contributed to 9,035
the state highway patrol retirement system and credit purchased 9,037
for service in the armed forces of the United States, the state 9,038
highway patrol retirement system shall transfer to the public 9,040
employees APPROPRIATE retirement system an THE amount equal to 9,041
the member's accumulated contributions and payments for credit 9,042
purchased for service in the armed forces of the United States 9,043
with interest compounded annually thereon for the period from the 9,046
date the last contribution was made to the date the transfer is 9,047
made. The interest shall be at the actuarial assumption rate of 9,048
the state highway patrol retirement system at the time the 9,049
transfer is made. The state highway patrol retirement system 9,050
shall certify to the public employees retirement system a copy of 9,051
the records of the service and contributions of the member 9,052
SPECIFIED IN DIVISION (A) OF SECTION 145.295, DIVISION (A) OF 9,053
SECTION 3307.412, OR DIVISION (A) OF SECTION 3309.351 OF THE 9,054
REVISED CODE. 9,055
(D)(1) A member is ineligible to purchase or otherwise 9,057
receive credit under this section for service that is used in the 9,058
calculation of any retirement benefit currently being paid or 9,059
that is payable in the future to the member, or service rendered 9,060
concurrently with any other period for which service credit has 9,061
already been granted. 9,062
203
(2) Except as provided under division (D)(3) of this 9,064
section, no service credit purchased under this section or 9,065
received as a result of a transfer requested under this section 9,066
shall be used to determine any member's eligibility for 9,067
retirement under sections 5505.16 and 5505.17 of the Revised 9,068
Code.
(3) Service credit obtained under this section by a member 9,070
for credit purchased for service in the armed forces of the 9,071
United States or for, service as a state highway patrol cadet 9,073
attending training school pursuant to section 5503.05 of the 9,074
Revised Code, OR SERVICE AS A PEACE OFFICER AS DEFINED IN SECTION 9,075
109.71 OF THE REVISED CODE, shall be used to determine the 9,076
member's eligibility for retirement under sections 5505.16 and 9,078
5505.17 of the Revised Code.
(4) SUBJECT TO RULES OF THE STATE HIGHWAY PATROL 9,080
RETIREMENT SYSTEM, A MEMBER MAY CHOOSE TO PURCHASE ONLY PART OF 9,081
THE CREDIT THE MEMBER IS ELIGIBLE TO PURCHASE UNDER DIVISION 9,083
(B)(1) OR (3) OF THIS SECTION. 9,084
(E) The AT THE REQUEST OF THE STATE HIGHWAY PATROL 9,086
RETIREMENT SYSTEM, THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, SCHOOL 9,087
EMPLOYEES RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, OR 9,088
CINCINNATI RETIREMENT SYSTEM SHALL CERTIFY TO THE STATE HIGHWAY 9,090
PATROL RETIREMENT SYSTEM A COPY OF THE RECORDS OF SERVICE, 9,091
SALARY, AND CONTRIBUTIONS OF A MEMBER WHO SEEKS SERVICE CREDIT 9,092
UNDER THIS SECTION.
INTEREST CHARGED FOR ANY SERVICE CREDIT OBTAINED UNDER THIS 9,095
SECTION SHALL BE CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE 9,096
CREDIT AT THE LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT 9,097
YEAR OF THE STATE HIGHWAY PATROL RETIREMENT SYSTEM OR OF THE 9,098
RETIREMENT SYSTEM IN WHICH THE CREDIT WAS EARNED. THE INTEREST 9,099
SHALL BE COMPOUNDED ANNUALLY.
THE STATE HIGHWAY PATROL RETIREMENT SYSTEM board may adopt 9,101
rules establishing procedures for the purchase of service credit 9,103
or the transfer of contributions under this section. 9,104
204
(F)(1) If a former member of the state highway patrol 9,106
retirement system who has received a refund of accumulated 9,108
contributions pursuant to section 5505.19 of the Revised Code 9,109
elects to receive credit under section 145.295 of the Revised 9,110
Code for service for which the member contributed to the state 9,112
highway patrol retirement system and credit purchased for service 9,113
in the armed forces of the United States, the former member shall 9,114
repay the state highway patrol retirement system the amount 9,116
refunded, with interest compounded annually thereon as follows: 9,117
(a) From the date of the refund to the date of repayment 9,121
to the state highway patrol retirement system in the case of a 9,122
former member who had not purchased credit for the service under 9,123
former division (A)(1) of section 145.295 of the Revised Code as 9,124
it existed before August 25, 1995;
(b) In the case of a former member who had used the entire 9,126
amount of the refund to purchase credit for the service under 9,128
former division (A)(1) of section 145.295 of the Revised Code as 9,129
it existed before August 25, 1995, from the date of the refund to 9,130
the date of such purchase; 9,131
(c) In the case of a former member who had purchased 9,133
credit for the service under former division (A)(1) of section 9,135
145.295 of the Revised Code, as it existed before August 25, 9,137
1995, using only a portion of the refund amount, from the date of 9,138
the refund to the date of the purchase for the portion of the 9,139
refund used for that purchase and from the date of the refund to 9,140
the date of repayment under division (F)(1) of this section for 9,142
the portion of the refund not used for that purchase. 9,143
The interest shall be at the actuarial assumption rate of 9,147
the state highway patrol retirement system at the time of 9,148
repayment or purchase, as applicable.
(2) Upon receipt of the repayment, the state highway 9,151
patrol retirement system shall immediately transfer to the public 9,152
employees retirement system an amount equal to the amount of the 9,153
former member's accumulated contributions and payments for credit 9,154
205
for service in the armed forces of the United States, plus 9,155
interest compounded annually thereon as follows: 9,156
(a) From the date the last contribution was made to the 9,160
state highway patrol retirement system to the date the transfer 9,161
is made in case of a former member who had not purchased credit 9,162
for the service under former division (A)(1) of section 145.295 9,163
of the Revised Code as it existed before August 25, 1995;
(b) In the case of a former member who had used the entire 9,165
amount of the refund to purchase credit for the service under 9,167
former division (A)(1) of section 145.295 of the Revised Code as 9,168
it existed before August 25, 1995, from the date the last 9,169
contribution was made to the state highway patrol retirement 9,170
system to the date of such purchase; 9,171
(c) In the case of a former member who had purchased 9,173
credit for the service under former division (A)(1) of section 9,175
145.295 of the Revised Code, as it existed before August 25, 9,177
1995, using only a portion of the refund amount, from the date 9,178
the last contribution was made to the state highway patrol 9,179
retirement system to the date of the purchase for the portion of 9,180
the refund used for that purchase and from the date the last 9,181
contribution was made to the date of transfer for the portion of 9,182
the refund not used for that purchase. 9,183
The interest shall be at the actuarial assumption rate of 9,186
the state highway patrol retirement system at the time of 9,187
transfer or at the time of purchase under that former division, 9,188
as applicable. 9,189
The state highway patrol retirement system shall certify to 9,192
the public employees retirement system a copy of the records of 9,193
the former member's service and contributions. 9,195
A former member who makes the repayment required under this 9,197
division does not thereby become a member of the state highway 9,200
patrol retirement system or have any of the rights, privileges, 9,201
or obligations of membership.
Sec. 5703.21. (A) Except as provided in divisions (B), 9,210
206
(C), (D), and (E), AND (F) of this section, no agent of the 9,212
department of taxation, except in the agent's report to the 9,213
department or when called on to testify in any court or 9,214
proceeding, shall divulge any information acquired by the agent 9,215
as to the transactions, property, or business of any person while 9,216
acting or claiming to act under orders of the department. 9,217
Whoever violates this provision shall thereafter be disqualified 9,218
from acting as an officer or employee or in any other capacity 9,219
under appointment or employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15 9,221
of the Revised Code, or an audit of the department pursuant to 9,222
Chapter 117. of the Revised Code, or an audit, pursuant to such 9,223
chapter, the objective of which is to express an opinion on a 9,224
financial report or statement prepared or issued pursuant to 9,225
division (G) or (I) of section 126.21 of the Revised Code, the 9,226
officers and employees of the auditor of state charged with 9,227
conducting the audit shall have access to and the right to 9,228
examine any state tax returns and state tax return information in 9,229
the possession of the department to the extent that such access 9,230
and examination are necessary for purposes of the audit. Any 9,231
information acquired as the result of such access and examination 9,232
shall not be divulged for any purpose other than as required for 9,233
such audit or unless the officers and employees are required to 9,234
testify in a court or proceeding under compulsion of legal 9,235
process. Whoever violates this provision shall thereafter be 9,236
disqualified from acting as an officer or employee or in any 9,237
other capacity under appointment or employment of the auditor of 9,238
state. 9,239
(2) As provided by section 6103(d)(2) of the Internal 9,241
Revenue Code, any federal tax returns or federal tax information 9,242
which the department has acquired from the internal revenue 9,243
service, through federal and state statutory authority, may be 9,244
disclosed to the auditor of state solely for purposes of an audit 9,245
of the department. 9,246
207
(C) Division (A) of this section does not prohibit 9,248
divulging information contained in applications, complaints, and 9,249
related documents filed with the department under section 5715.27 9,250
of the Revised Code, or in applications filed with the department 9,251
under section 5715.39 of the Revised Code. 9,252
(D) Division (A) of this section does not prohibit the 9,254
department of taxation providing information to the division of 9,255
child support within the department of human services, or a child 9,256
support enforcement agency, pursuant to division (G)(2) of 9,257
section 5101.31 of the Revised Code.
(E) Division (A) of this section does not prohibit the 9,260
disclosure to the board of motor vehicle collision repair 9,261
registration of any information in the possession of the 9,262
department that is necessary for the board to verify the 9,263
existence of an applicant's valid vendor's license and current 9,264
state tax identification number under section 4775.07 of the
Revised Code. 9,265
(F) DIVISION (A) OF THIS SECTION DOES NOT PROHIBIT THE 9,269
DEPARTMENT OF TAXATION FROM PROVIDING TO THE PUBLIC EMPLOYEES 9,270
RETIREMENT BOARD, BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S 9,271
DISABILITY AND PENSION FUND, STATE TEACHERS RETIREMENT BOARD, 9,272
SCHOOL EMPLOYEES RETIREMENT BOARD, OR STATE HIGHWAY PATROL 9,273
RETIREMENT BOARD INFORMATION REQUESTED UNDER SECTION 145.362, 9,274
742.40, 3307.44, 3309.41, OR 5505.18 OF THE REVISED CODE. 9,275
Sec. 5731.09. (A) Except as provided in division (B) of 9,285
this section, the value of the gross estate includes the value of 9,286
an annuity or other payment receivable by a beneficiary by reason 9,287
of surviving the decedent under any form of contract or agreement 9,288
under which an annuity or similar payment was payable to the 9,289
decedent, or the decedent possessed the right to receive such 9,290
annuity or payment, either alone or in conjunction with another, 9,291
for his THE DECEDENT'S life or for any period not ascertainable 9,292
without reference to his THE DECEDENT'S death, or for any period 9,293
which does not in fact end before his THE DECEDENT'S death. 9,294
208
However, the value of the gross estate includes only such 9,296
part of the value of the annuity or other payment receivable 9,297
under the contract or agreement as is proportionate to that part 9,298
of the purchase price of the contract or agreement contributed by 9,299
the decedent. The value of the gross estate does not include the 9,301
part of the value of the annuity or other payment as is
proportionate to the part of the purchase price of the contract 9,302
or agreement contributed by the employer or former employer of 9,303
the decedent, whether to an employee's trust or fund forming part 9,304
of a pension, annuity, retirement, bonus, or profit-sharing plan 9,305
or otherwise, if the contributions were made by reason of the 9,306
decedent's employment.
(B) The value of the gross estate does not include the 9,308
value of a pension or annuity accruing to any person under 9,310
federal employment, including service in the armed forces, or the 9,311
value of an annuity or other payment from the police and 9,312
firemen's disability and pension fund created by section 742.02 9,313
of the Revised Code, the firemen and policemen's death benefit 9,314
fund created by section 742.61 742.62 of the Revised Code, the 9,315
state highway patrol retirement system created by section 5505.02 9,316
of the Revised Code, the public employees retirement system 9,317
created by section 145.03 of the Revised Code, the state teachers 9,318
retirement system created by section 3307.03 of the Revised Code, 9,319
and the school employees retirement system created by section 9,320
3309.03 of the Revised Code. 9,321
Section 2. That existing sections 145.01, 145.011, 145.09, 9,323
145.295, 145.33, 145.35, 145.362, 145.45, 742.01, 742.03, 742.04, 9,325
742.05, 742.08, 742.10, 742.11, 742.22, 742.221, 742.23, 742.24, 9,326
742.251, 742.27, 742.31, 742.32, 742.33, 742.34, 742.35, 742.36, 9,327
742.37, 742.371, 742.372, 742.373, 742.374, 742.375, 742.376, 9,328
742.378, 742.379, 742.3711, 742.3713, 742.3714, 742.3715, 9,329
742.3716, 742.3717, 742.3718, 742.3719, 742.38, 742.39, 742.40, 9,330
742.50, 742.511, 742.512, 742.515, 742.52, 742.61, 742.63, 9,331
3307.01, 3307.04, 3307.411, 3307.42, 3307.44, 3307.49, 3309.011, 9,332
209
3309.04, 3309.351, 3309.39, 3309.41, 3309.45, 4123.511, 5505.04, 9,333
5505.18, 5505.201, 5505.202, 5703.21, and 5731.09 and sections 9,334
171.06, 742.3720, and 742.3721 of the Revised Code are hereby 9,336
repealed.
Section 3. A person whose disability benefit became 9,338
effective prior to the effective date of this act is not subject 9,339
to the adjustments described in sections 145.363, 742.40, 9,340
3307.441, 3309.411, and 5505.183 of the Revised Code. 9,341
Section 4. An election made under division (C) of former 9,343
section 742.3711 or division (C) of former section 742.3715 of 9,344
the Revised Code on or after January 1, 1997, shall be considered 9,346
to have taken effect on the date the election was made.
Section 5. Not later than one year after the effective 9,348
date of this act, the Ohio Retirement Study Council shall have 9,350
prepared a report that proposes to establish an alternative 9,351
disability benefit plan for the Police and Firemen's Disability
and Pension Fund and State Highway Patrol Retirement System that 9,352
provides coverage to a disability benefit recipient until the 9,353
recipient reaches retirement eligibility age and, thereafter, 9,354
permits the recipient to apply for age and service retirement. 9,355
The proposed plan shall cost no more than the existing disability 9,356
benefit plan offered by the retirement systems. The report shall 9,357
be submitted to the chairpersons of the standing committees of 9,358
the Senate and House of Representatives with primary 9,359
responsibility for retirement legislation and to the executive 9,360
directors of the Police and Firemen's Disability and Pension Fund 9,361
and State Highway Patrol Retirement System.
Section 6. The repeal of section 171.06 of the Revised 9,363
Code by this act is intended to confirm the earlier repeal of 9,364
that section by Am. Sub. S.B. 82 of the 121st General Assembly. 9,365
Section 7. Section 145.33 of the Revised Code is presented 9,367
in this act as a composite of the section as amended by both Am. 9,369
Sub. H.B. 379 and Am. Sub. H.B. 450 of the 121st General
Assembly, with the new language of neither of the acts shown in 9,370
210
capital letters. Section 742.512 of the Revised Code is 9,371
presented in this act as a composite of the section as amended by 9,372
both Am. Sub. H.B. 243 and H.B. 462 of the 117th General 9,373
Assembly, with the new language of neither of the acts shown in 9,374
capital letters. Section 3309.011 of the Revised Code is 9,375
presented in this act as a composite of the section as amended by 9,376
both Am. Sub. H.B. 586 and Am. Sub. S.B. 230 of the 121st General 9,377
Assembly, with the new language of neither of the acts shown in 9,378
capital letters. Section 4123.511 of the Revised Code is 9,379
presented in this act as a composite of the section as amended by 9,380
both Am. Sub. H.B. 362 and Am. Sub. H.B. 363 of the 122nd General 9,381
Assembly, with the new language of neither of the acts shown in 9,382
capital letters. Section 5505.04 of the Revised Code is 9,384
presented in this act as a composite of the section as amended by
both Am. Sub. H.B. 627 and Am. Sub. H.B. 668 of the 121st General 9,385
Assembly, with the new language of neither of the acts shown in 9,386
capital letters. This is in recognition of the principle stated 9,387
in division (B) of section 1.52 of the Revised Code that such 9,388
amendments are to be harmonized where not substantively 9,389
irreconcilable and constitutes a legislative finding that such is 9,390
the resulting version in effect prior to the effective date of 9,391
this act.
Section 8. Not later than ninety days after the effective 9,394
date of this act, each special police officer for the state 9,395
highway patrol, preserve officer, metropolitan housing authority 9,396
police officer, regional transit authority police officer, food 9,397
stamp trafficking agent, tax investigator, or audit investigator 9,398
who is a member of the public employees retirement system shall 9,399
indicate to the system on a form provided by the system a choice 9,400
of whether to receive benefits under division (A) or (B) of 9,401
section 145.33 of the Revised Code. 9,402
Section 9. This act is hereby declared to be an emergency 9,404
measure necessary for the immediate preservation of the public 9,405
peace, health, and safety. The reason for such necessity is that 9,407
211
the annual actuarial report to determine the adequacy of the 9,408
Police and Firemen's Disability and Pension Fund contribution 9,409
rates, as required by section 742.14 of the Revised Code, cannot 9,410
be completed until this act becomes law. Therefore, this act 9,411
shall go into immediate effect.