As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 673   5            

      1997-1998                                                    6            


    REPRESENTATIVES PADGETT-WESTON-COUGHLIN-LOGAN-FORD-OPFER-      8            

     REID-CAREY-TERWILLEGER-PERZ-VESPER-OGG-BRITTON-GARCIA-        9            

        METELSKY-THOMAS-MOTTLEY-HOUSEHOLDER-ROMAN-WHALEN-          9/1          

                          BENDER-SAWYER                            9/2          


                                                                   9/4          

                           A   B I L L                                          

             To amend sections 3309.36, 3309.38, 3309.50, and      9/6          

                3309.69 and to repeal section 3309.37 of the       9/7          

                Revised Code to increase the School  Employees     9/8          

                Retirement System (SERS) service retirement        17           

                benefit for retirants  with more than 30 years'    18           

                service credit, to increase the SERS death         19           

                benefit to $1,000, and to increase the SERS        20           

                reimbursement for insurance  coverage under        21           

                Medicare  Part B.                                  22           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        24           

      Section 1.  That sections 3309.36, 3309.38, 3309.50, and     26           

3309.69 of the Revised Code be amended to read as follows:         27           

      Sec. 3309.36.  (A)  A member retiring on service retirement  36           

shall be granted a retirement allowance consisting of the lesser   37           

of the sum of the following amounts or the limit established by    38           

section 415 of the "Internal Revenue Code of 1986," 100 Stat.      39           

2085, 26 U.S.C.A. 415, as amended:                                 40           

      (A)(1)  An annuity having a reserve equal to the amount of   42           

the employee's accumulated contributions at that time;             43           

      (B)(2)  A pension of equivalent amount;                      45           

      (C)(3)  An additional pension of forty dollars multiplied    47           

by the number of years of such prior service credit;               48           

      (D)(4)  For members who have ten or more years of service    50           

                                                          2      

                                                                 
credit accumulated prior to October 1, 1956, a basic annual        51           

pension equal to one hundred eighty dollars, except that such      52           

basic annual pension shall not exceed the sum of the total annual  53           

benefits provided by divisions (A)(1), (B)(2), and (C)(3) of this  55           

section.                                                                        

      (E)(B)(1)  When a member retires on service retirement and   57           

his, THE MEMBER'S allowance when computed as an annual single      60           

lifetime allowance as provided in divisions (A)(1), (B)(2),        62           

(C)(3), and (D)(4) of this section and section 3309.38 of the      63           

Revised Code, based upon attained age sixty-five or thirty years   64           

of total service credit, is SHALL BE NOT less than the greater of  66           

the amounts determined by multiplying his THE MEMBER'S total       67           

service credit by eighty-six THE FOLLOWING:                        68           

      (a)  EIGHTY-SIX dollars, or by two;                          70           

      (b)  TWO and one-tenth per cent of his THE MEMBER'S final    73           

average salary, then the allowance shall be increased to such      75           

greater amount.  If such member's attained age is other than       76           

sixty-five, or his total service credit is other than thirty       78           

years, then he shall receive an adjusted FOR EACH OF THE FIRST     79           

THIRTY YEARS OF SERVICE CREDIT OR FRACTION THEREOF PLUS TWO AND                 

ONE-HALF PER CENT OF THE MEMBER'S FINAL AVERAGE SALARY FOR EACH    80           

SUBSEQUENT YEAR OF SERVICE CREDIT OR FRACTION THEREOF.             81           

      (2)  THE annual single lifetime allowance which DETERMINED   85           

UNDER DIVISION (B)(1) OF THIS SECTION shall be ADJUSTED BY the     86           

higher percentage of a base amount determined by GREATER           88           

PERCENTAGE SHOWN IN the following schedule: OPPOSITE THE MEMBER'S  89           

ATTAINED AGE OR YEARS OF OHIO SERVICE CREDIT.                      90           

                            Years of                Per Cent       95           

    Attained     or       Ohio Service                 of          99           

       Age                   Credit                Base Amount     102          

       58                      25                      75%         105          

       59                      26                      80          108          

       60                      27                      85          111          

       61                                              88          114          

                                                          3      

                                                                 
                               28                      90          117          

       62                                              91          120          

       63                                              94          123          

                               29                      95          126          

       64                                              97          129          

       65                  30 or more                 100.         132          

Members shall vest the right to a benefit in accordance with the   135          

following schedule, based on the member's attained age by          136          

September 1, 1976:                                                 137          

                                              Per Cent             138          

           Attained                              of                139          

             Age                            Base Amount            140          

              66                                102                141          

              67                                104                142          

              68                                106                143          

              69                                108                144          

          70 or more                            110.               145          

      (2)(3)  The annual single lifetime allowance which a         147          

retirant shall receive under this division shall not exceed the    148          

lesser of ninety per cent of his THE MEMBER'S final average        149          

salary or the limit established by section 415 of the "Internal    151          

Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as         152          

amended.                                                                        

      (F)(C)  Retirement allowances determined under this section  154          

shall be paid as provided in section 3309.46 of the Revised Code.  155          

      Sec. 3309.38.  (A)  A member retiring on commuted service    164          

retirement on or after September 30, 1963, shall be granted a      165          

retirement allowance consisting of:                                166          

      (A)(1)  An annuity having a reserve equal to the amount of   168          

the employee's accumulated contributions at the time;              169          

      (B)(2)  A pension of equivalent amount;                      171          

      (C)(3)  An additional pension, if such employee has prior    173          

service credit, the reserve for which, based upon regular          174          

interest and the service tables approved by the board, shall be    175          

                                                          4      

                                                                 
the present worth of the reserve required for the payment of the   176          

prior service pension provided by section 3309.36 of the Revised   177          

Code, after either age sixty or thirty-two years of service        178          

credit, whichever can be first attained.  The annual prior         179          

service pension shall be determined by the amount of such          180          

commuted reserve divided by the service annuity rate for the       181          

attained annuity age of retirement;.                               182          

      (D)(4)  For members who have ten or more years of service    184          

credit accumulated prior to October 1, 1956, a basic annual        185          

pension equal to one hundred eighty dollars, which shall be        186          

commuted in the same manner as provided for the prior service      187          

pension in division (C)(A)(3) of this section, provided such       188          

commuted basic annual pension shall not exceed the sum of the      190          

total annual benefits provided by divisions (A)(1), (B)(2), and    191          

(C)(3) of this section.                                            192          

      (E)(B)  When a member retires on commuted service            194          

retirement, his THE MEMBER'S annual single lifetime allowance      195          

including the allowances provided in divisions (A)(1), (B)(2),     197          

(C)(3), and (D)(4) of this section shall not be less than the      199          

allowances provided under the provisions of division (E)(B) of     200          

section 3309.36 of the Revised Code and shall not exceed the       202          

limit established by division (E)(2)(B)(3) of that section.        204          

      (F)(C)  Retirement allowances determined under this section  206          

shall be paid as provided in section 3309.46 of the Revised Code.  207          

      Sec. 3309.50.  Upon the death of a retirant or disability    216          

benefit recipient, who at the time of death is receiving a         217          

service retirement allowance or disability benefit from the        218          

school employees retirement system, a lump-sum payment of five     219          

hundred ONE THOUSAND dollars shall be paid to any designated or    220          

qualified beneficiary under division (D) of section 3309.44 of     221          

the Revised Code, or, if none NO SUCH DESIGNATION HAS BEEN FILED   222          

OR IF THE DESIGNATED BENEFICIARY IS DECEASED OR IS NOT LOCATED     223          

WITHIN NINETY DAYS, the school employees retirement board may      224          

approve payment to either the person responsible for the burial    225          

                                                          5      

                                                                 
expenses or to the decedent's estate following the completion of   226          

an application on a form approved by the board.                                 

      Sec. 3309.69.  (A)  As used in this section, "ineligible     235          

individual" means all of the following:                            236          

      (1)  A former member receiving benefits pursuant to section  238          

3309.34, 3309.35, 3309.36, 3309.38, or 3309.381 of the Revised     239          

Code for whom eligibility is established more than five years      240          

after June 13, 1981, and who, at the time of establishing          241          

eligibility, has accrued less than ten years of service credit,    242          

exclusive of credit obtained after January 29, 1981, pursuant to   243          

sections 3309.021, 3309.301, 3309.31, and 3309.33 of the Revised   244          

Code;                                                              245          

      (2)  The spouse of the former member;                        247          

      (3)  The beneficiary of the former member receiving          249          

benefits pursuant to section 3309.46 of the Revised Code.          250          

      (B)  The school employees retirement board may enter into    252          

an agreement with insurance companies, health insuring             254          

corporations, or government agencies authorized to do business in  256          

the state for issuance of a policy or contract of health,          257          

medical, hospital, or surgical benefits, or any combination        258          

thereof, for those individuals receiving service retirement or a   259          

disability or survivor benefit subscribing to the plan and their   261          

eligible dependents.                                                            

      If all or any portion of the policy or contract premium is   263          

to be paid by any individual receiving service retirement or a     265          

disability or survivor benefit, the person shall, by written       266          

authorization, instruct the board to deduct the premiums agreed    267          

to be paid by the individual to the companies, corporations, or    269          

agencies.                                                                       

      The board may contract for coverage on the basis of part or  272          

all of the cost of the coverage to be paid from appropriate funds  273          

of the school employees retirement system.  The cost paid from     274          

the funds of the system shall be included in the employer's        276          

contribution rate provided by sections 3309.49 and 3309.491 of     277          

                                                          6      

                                                                 
the Revised Code.  The board shall not pay or reimburse the cost   278          

for health care under this section or section 3309.375 of the      279          

Revised Code for any ineligible individual.                        280          

      The board may provide for self-insurance of risk or level    282          

of risk as set forth in the contract with the companies,           283          

corporations, or agencies, and may provide through the             284          

self-insurance method specific benefits as authorized by the       285          

rules of the board.                                                286          

      (C)  If the board provides health, medical, hospital, or     288          

surgical benefits through any means other than a health insuring   290          

corporation, it shall offer to each individual eligible for the    293          

benefits the alternative of receiving benefits through enrollment  295          

in a health insuring corporation, if all of the following apply:   297          

      (1)  The health insuring corporation provides health care    300          

services in the geographical area in which the individual lives;   302          

      (2)  The eligible individual was receiving health care       304          

benefits through a health maintenance organization or a health     305          

insuring corporation before retirement;                            307          

      (3)  The rate and coverage provided by the health insuring   310          

corporation to eligible individuals is comparable to that          312          

currently provided by the board under division (B) of this         313          

section.  If the rate or coverage provided by the health insuring  314          

corporation is not comparable to that currently provided by the    316          

board under division (B) of this section, the board may deduct     317          

the additional cost from the eligible individual's monthly         318          

benefit.                                                                        

      The health insuring corporation shall accept as an enrollee  322          

any eligible individual who requests enrollment.                                

      The board shall permit each eligible individual to change    324          

from one plan to another at least once a year at a time            325          

determined by the board.                                           326          

      (D)  The board shall, beginning the month following receipt  328          

of satisfactory evidence of the payment for coverage, make a       329          

monthly payment to each recipient of service retirement, or a      330          

                                                          7      

                                                                 
disability or survivor benefit under the school employees          331          

retirement system who is eligible for insurance coverage under     332          

part B of "The Social Security Amendments of 1965," 79 Stat. 301,  333          

42 U.S.C.A. 1395j, as amended, except that the board shall make    334          

no such payment to any ineligible individual.  The EFFECTIVE ON    335          

THE FIRST DAY OF THE MONTH AFTER THE EFFECTIVE DATE OF THIS        336          

AMENDMENT, THE amount of the payment shall be the lesser of an     338          

amount equal to the basic premium for such coverage, or an amount  339          

equal to the basic premium in effect on January 1, 1988 1992.      340          

      (E)  The board shall establish by rule requirements for the  342          

coordination of any coverage, payment, or benefit provided under   344          

this section or section 3309.375 of the Revised Code with any      346          

similar coverage, payment, or benefit made available to the same   347          

individual by the public employees retirement system, police and   348          

firemen's disability and pension fund, state teachers retirement   349          

system, or state highway patrol retirement system.                 350          

      (F)  The board shall make all other necessary rules          352          

pursuant to the purpose and intent of this section.                353          

      Section 2.  That existing sections 3309.36, 3309.38,         355          

3309.50, and 3309.69 and section 3309.37 of the Revised Code are   356          

hereby repealed.                                                                

      Section 3.  The School Employees Retirement System should    358          

make a one-time payment to each person who is a current recipient  359          

of service retirement or a disability or survivor benefit from     360          

the System and was eligible to receive a monthly payment pursuant  361          

to division (D) of section 3309.69 of the Revised Code for         362          

insurance coverage under Part B of "The Social Security                         

Amendments of 1965," 79 Stat. 301, 42 U.S.C.A. 1935j, as amended,  363          

at any time during the period commencing January 1, 1992, and      364          

ending on the effective date of this section.  The amount of the   365          

payment to each recipient shall be equal to the sum of the         366          

differences between:                                                            

      (A)  Each monthly payment the recipient was eligible to      368          

receive under division (D) of section 3309.69 of the Revised Code  369          

                                                          8      

                                                                 
during the period commencing January 1, 1992, and ending on the    370          

effective date of this section; and                                             

      (B)  The amount of the monthly payment that is authorized    372          

by division (D) of section 3309.69 of the Revised Code as enacted  373          

by this act.