As Reported by the House Health, Retirement and Aging Committee   1            

122nd General Assembly                                             4            

   Regular Session                            Sub. 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-MAIER-BRADING-BEATTY-PATTON-OLMAN      10           



                                                                   12           

                           A   B I L L                                          

             To amend sections 145.30, 3305.05, 3305.06, 3309.36,  14           

                3309.38, 3309.50, and 3309.69, to enact section    15           

                3305.051, and to repeal section 3309.37 of the     16           

                Revised Code to increase the School Employees      17           

                Retirement System (SERS) service retirement        18           

                benefit for retirants with more than 30 years'     19           

                service credit, to increase the SERS death         20           

                benefit to $1,000, to increase the SERS            21           

                reimbursement for insurance coverage under         22           

                Medicare Part B, to make changes with regard to    24           

                military service credit granted by the  Public     25           

                Employees Retirement System, to make changes to    26           

                the law governing alternative retirement programs  27           

                for employees of  public institutions of higher    29           

                education, and to change the date by which the     31           

                Ohio Retirement Study Commission is  required to   32           

                have completed and submitted an actuarial study    33           

                of the alternative  retirement program for         34           

                employees of public institutions of higher         35           

                education.                                         36           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        38           

      Section 1.  That sections 145.30, 3305.05, 3305.06,          40           

3309.36, 3309.38, 3309.50, and 3309.69 be amended and section      41           

3305.051 of the Revised Code be enacted to read as follows:        42           

                                                          2      

                                                                 
      Sec. 145.30.  (A)  As used in this section and section       51           

145.301 of the Revised Code:                                       52           

      (1)  "Armed forces" of the United States includes the        54           

following:                                                                      

      (a)  Army, navy, air force, marine corps, coast guard,       56           

auxiliary corps as established by congress, red cross nurse        57           

serving with the army, navy, air force, or hospital service of     58           

the United States, army nurse corps, navy nurse corps, full-time   59           

service with the American red cross in a combat zone, and such     60           

other service as may be designated by congress as included                      

therein;                                                                        

      (b)  Personnel of the Ohio national guard and the reserve    62           

components of any of the armed forces enumerated in division       63           

(A)(1) of this section who are called to active duty pursuant to   64           

an executive order issued by the president of the United States    65           

or an act of congress;                                                          

      (c)  Persons on whom United States merchant marine veteran   67           

status has been conferred for service aboard oceangoing merchant   68           

ships in service to the United States during World War II.         69           

      (2)  "State retirement system" means any of the following:   71           

the police and firemen's disability and pension fund, public       72           

employees retirement system, school employees retirement system,   73           

state highway patrol retirement system, or the state teachers      74           

retirement system.                                                              

      (B)  Upon reemployment in the public service and completion  76           

of one year of service credit as covered by a state retirement     77           

system or the Cincinnati retirement system, within two years       78           

after service in the uniformed services ARMED FORCES that is       80           

terminated in a manner other than as described in section 4304 of               

Title 38 of the United States Code, "Uniformed Services            81           

Employment and Reemployment Rights Act of 1994," 108 Stat. 3149,   82           

38 U.S.C.A. 4304, and presentation of documentation of the         83           

service and subject to rules adopted by the retirement board, any  84           

member of the public employees retirement system who was a member  85           

                                                          3      

                                                                 
with not less than one year of payroll deductions before entering               

active duty with the armed forces and maintained membership in     86           

the public employees retirement system as provided by section      87           

145.41 of the Revised Code, and who was or is out of active        88           

service as a public employee by reason of having become a member   89           

of the armed forces of the United States on active duty or         90           

service shall have such military service, not in excess of ten                  

years, considered as the equivalent of prior service.  Uniformed   92           

service SERVICE IN THE ARMED FORCES as established by              94           

documentation of the service, not in excess of ten years, shall                 

also be considered prior service for a person who was a public     95           

employee and who has acquired service credit for five years prior  96           

to, and within the one year preceding, the date of entering on     97           

active duty in the armed forces of the United States if such       98           

person was reemployed in the public service within one year after  99           

service in the uniformed services ARMED FORCES that is terminated  100          

in a manner other than as described in section 4304 of Title 38    101          

of the United States Code, "Uniformed Services Employment and      102          

Reemployment Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A.      103          

4304, AND ESTABLISHED TOTAL SERVICE CREDIT AS DEFINED IN SECTION   104          

145.01 OF THE REVISED CODE of twenty years exclusive of credit                  

for SERVICE IN THE uniformed service SERVICES, AS DEFINED IN       106          

SECTION 145.302 OF THE REVISED CODE.  This division shall not      107          

serve to cancel any military service credit earned or granted      108          

prior to November 1, 1965.                                                      

      (C)  A member of the public employees retirement system is   110          

ineligible to receive service credit under this section for any    111          

year of military service credit used in the calculation of any     112          

retirement benefit currently being paid to the member or payable   113          

in the future under any other retirement program, except social    114          

security, or used to obtain service credit pursuant to section                  

145.301 or 145.302 of the Revised Code.  At the time such credit   115          

is requested, the member shall certify on a form supplied by the   116          

retirement board that the member does and will conform to this     117          

                                                          4      

                                                                 
requirement.  This division does not cancel any military service   118          

credit earned prior to March 15, 1979.                                          

      Sec. 3305.05.  (A)  A person whose employment as an          127          

academic or administrative employee of a public institution of     128          

higher education commences after the initial date on which the     129          

board of trustees of the public institution establishes the        130          

alternative retirement program may, not later than ninety days     131          

after the starting date of employment, make an election to                      

participate in an alternative retirement plan available at the     132          

public institution.  If no election to an alternative retirement   133          

plan is in effect at the end of ninety days after the person's     134          

starting date of employment, the person shall be deemed to have    136          

elected participation in the state retirement system that applies  137          

to the person's employment.  Except as provided under division                  

(F) of this section, an election that is made under this division  138          

or division (B) of this section and that is in effect at the end   139          

of ninety days after the person's starting date of employment,     140          

shall be irrevocable while the electing employee remains           142          

continuously employed.  A person who makes an election to                       

participate in an alternative retirement plan shall be forever     143          

barred from claiming or purchasing service credit under any state  144          

retirement system for the period of that person's employment that  146          

the election is in effect. If a person ceases to be continuously   148          

employed and subsequently is employed by a public institution of                

higher education in a position for which an alternative            149          

retirement plan is available under this chapter, the person may    150          

make another election under this division.  Each public            151          

institution of higher education employing a person eligible to     152          

make an election under this division shall notify, within ten      153          

days of the person's employment, that THE state retirement system  154          

that applies to that person's employment in the manner specified   156          

by that state retirement system, which notice shall include the    158          

new employee's name and address.                                                

      This division does not apply to any person who has made an   160          

                                                          5      

                                                                 
election under this division or division (B) of this section       161          

unless the person has ceased to be continuously employed.          162          

      (B)(1)  Not later than one hundred twenty days after the     164          

date on which the board of trustees of a public institution of     166          

higher education establishes the initial alternative retirement    167          

program for that public institution, each ELIGIBLE academic or     169          

administrative employee of the public institution with less than   170          

five years of total service credit in the state retirement system  171          

in which the person is a member on that initial establishment      173          

date may make an election to participate in an alternative                      

retirement plan available at the public institution.  If a person  174          

to whom this division applies fails to make an election, the       175          

person shall be deemed to have elected continued participation in  176          

the state retirement system in which the person is a member.       177          

      (2)(a)  IF A PUBLIC INSTITUTION'S ALTERNATIVE RETIREMENT     179          

PROGRAM IS ESTABLISHED NOT LATER THAN SIX MONTHS AFTER THE         180          

DEPARTMENT OF INSURANCE MAKES A DESIGNATION UNDER SECTION 3305.03  181          

OF THE REVISED CODE, A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT   182          

SYSTEM OR SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO IS AN ACADEMIC    183          

OR ADMINISTRATIVE EMPLOYEE OF THE PUBLIC INSTITUTION IS ELIGIBLE                

TO ELECT TO PARTICIPATE IF THE MEMBER HAS LESS THAN FIVE YEARS OF  184          

SERVICE CREDIT IN THE RETIREMENT SYSTEM ON THE LAST DAY OF THE     185          

MONTH IN WHICH THE DESIGNATION IS MADE.  IF A PUBLIC               186          

INSTITUTION'S ALTERNATIVE RETIREMENT PROGRAM IS ESTABLISHED MORE   187          

THAN SIX MONTHS AFTER THE DEPARTMENT OF INSURANCE MAKES THE                     

DESIGNATION, A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM    188          

OR SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO IS AN ACADEMIC OR        189          

ADMINISTRATIVE EMPLOYEE OF THE PUBLIC INSTITUTION IS ELIGIBLE TO   190          

ELECT TO PARTICIPATE IF THE MEMBER HAS LESS THAN FIVE YEARS OF     191          

SERVICE CREDIT IN THE RETIREMENT SYSTEM ON THE FIRST DAY THE       192          

MONTH IN WHICH THE PROGRAM IS ESTABLISHED.                                      

      (b)  A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO    194          

IS AN ACADEMIC OR ADMINISTRATIVE EMPLOYEE OF A PUBLIC INSTITUTION  195          

THAT ESTABLISHES AN ALTERNATIVE RETIREMENT PROGRAM IS ELIGIBLE TO  196          

                                                          6      

                                                                 
PARTICIPATE IN THE PROGRAM IF THE MEMBER HAS LESS THAN FIVE YEARS  197          

OF SERVICE CREDIT IN THE RETIREMENT SYSTEM ON THE THIRTIETH DAY    198          

OF JUNE IMMEDIATELY PRECEDING THE DATE THE PROGRAM IS              199          

ESTABLISHED.                                                                    

      (C)  Each academic or administrative employee shall make     201          

any AN election under division (A) or (B) of this section in       202          

writing and submit the election to the designated officer of the   203          

employee's employing public institution of higher education.  The  204          

officer shall file a certified copy of the election within ten     205          

days with the state retirement system to which, apart from this    207          

election, the employee's employment would be subject.              208          

      (D)(1)  Each election made under division (A) of this        210          

section shall be effective on the electing employee's starting     211          

date of employment.                                                212          

      (2)  Each IN THE CASE OF A MEMBER OF THE PUBLIC EMPLOYEES    214          

RETIREMENT SYSTEM OR SCHOOL EMPLOYEES RETIREMENT SYSTEM, AN        215          

election made under division (B) of this section shall be          217          

effective on the first day of the month next following the date                 

on which the electing employee submits the election under          218          

division (C) of this section DATE DESCRIBED IN DIVISION (B)(2)(a)  219          

OF THIS SECTION.  IN THE CASE OF A MEMBER OF THE STATE TEACHERS    221          

RETIREMENT SYSTEM, AN ELECTION SHALL BE EFFECTIVE ON THE DATE      222          

DESCRIBED IN DIVISION (B)(2)(b) OF THIS SECTION.                   223          

      (E)  Any election made under division (A) or (B) of this     226          

section shall only apply to the electing employee's employment in               

positions for which an alternative retirement program is           227          

available pursuant to this chapter.  Employment of the electing    228          

employee in any other position shall be subject to the applicable  229          

state retirement system.                                                        

      (F)  The board of trustees of a public institution of        231          

higher education shall permit an electing employee to change the   232          

alternative retirement plan in which the electing employee         233          

participates if the plan ceases, pursuant to division (C) of       235          

section 3305.03 of the Revised Code, to be a designated plan.      237          

                                                          7      

                                                                 
      Sec. 3305.051.  THE STATE RETIREMENT SYSTEM THAT COVERS THE  239          

POSITION HELD BY AN EMPLOYEE OF A PUBLIC INSTITUTION OF HIGHER     240          

EDUCATION WHO MAKES AN ELECTION UNDER DIVISION (A) OF SECTION      241          

3305.06 OF THE REVISED CODE TO PARTICIPATE IN THE PUBLIC           242          

INSTITUTION'S ALTERNATIVE RETIREMENT PROGRAM SHALL RETURN TO THE                

PUBLIC INSTITUTION ANY EMPLOYEE AND EMPLOYER CONTRIBUTIONS MADE    243          

TO THE RETIREMENT SYSTEM FOR THE NINETY-DAY PERIOD DESCRIBED IN    244          

THAT DIVISION LESS THE AMOUNT DUE THE RETIREMENT SYSTEM PURSUANT   245          

TO DIVISION (E) OF SECTION 3305.06 OF THE REVISED CODE FOR THAT    246          

PERIOD.                                                                         

      THE STATE RETIREMENT SYSTEM THAT COVERS THE POSITION HELD    248          

BY AN EMPLOYEE OF A PUBLIC INSTITUTION OF HIGHER EDUCATION WHO     249          

MAKES AN ELECTION UNDER DIVISION (B) OF SECTION 3305.06 OF THE     250          

REVISED CODE TO PARTICIPATE IN THE PUBLIC INSTITUTION'S            251          

ALTERNATIVE RETIREMENT PROGRAM SHALL RETURN TO THE PUBLIC                       

INSTITUTION ANY EMPLOYEE AND EMPLOYER CONTRIBUTIONS MADE TO THE    252          

RETIREMENT SYSTEM FOR ANY PERIOD COMMENCING AFTER THE APPLICABLE   253          

DATE DESCRIBED IN DIVISION (B)(2)(a) OR (b) OF SECTION 3305.06 OF  255          

THE REVISED CODE LESS THE AMOUNT DUE THE RETIREMENT SYSTEM                      

PURSUANT TO DIVISION (E) OF SECTION 3305.06 OF THE REVISED CODE    256          

FOR THAT PERIOD.                                                                

      Sec. 3305.06.  (A)  Each electing employee shall contribute  265          

an amount, which shall be a certain percentage of the employee's   266          

compensation, to the alternative retirement plan in which the      267          

employee participates.  This percentage shall be the percentage    268          

the electing employee would have otherwise been required to        269          

contribute to the state retirement system that applies to the                   

employee's position, except that the percentage shall not be less  270          

than three per cent.  Employee contributions under this division   271          

may be treated as employer contributions in accordance with        272          

Internal Revenue Code 414 (h).                                     273          

      (B)  Each public institution of higher education employing   275          

an electing employee shall contribute an amount, which shall be a  276          

certain percentage of the employee's compensation, to the          277          

                                                          8      

                                                                 
alternative retirement plan the employee has elected.  This        278          

percentage shall be determined by the board of trustees of the     279          

public institution.                                                             

      (C)(1)  In no event shall the amount contributed by the      282          

electing employee pursuant to division (A) of this section and on  283          

the electing employee's behalf pursuant to division (B) of this                 

section be less than the amount necessary to qualify the plan as   284          

a state retirement system pursuant to Internal Revenue Code        285          

3121(B)(7) and the regulations adopted thereunder.                 286          

      (2)  The full amount of the electing employee's              288          

contribution under division (A) of this section and the full       289          

amount of the employer's contribution made on behalf of that       290          

employee under division (B) of this section shall be paid to the   291          

entity providing the employee's alternative retirement plan for    292          

application to that plan in accordance with any contract the       293          

electing employee has entered into for purposes of that plan.  In               

no event shall any benefits be paid under that plan prior to the   294          

time an electing employee ceases to be continuously employed.      295          

      (D)  An electing employee may make voluntary deposits to     297          

the employee's alternative retirement plan in addition to the      298          

employee contribution required under division (A) of this          300          

section.                                                                        

      (E)  Each public institution of higher education employing   302          

an electing employee shall contribute on behalf of that employee   303          

to the state retirement system that otherwise applies to the       304          

electing employee's position an amount equal to six per cent of    305          

the electing employee's compensation to mitigate any negative      306          

financial impact of the alternative retirement program on the      308          

state retirement system; provided that on the first day of July                 

following the first year after the effective date of this section  309          

DEPARTMENT OF INSURANCE DESIGNATES AN ALTERNATIVE RETIREMENT PLAN  310          

UNDER SECTION 3305.03 OF THE REVISED CODE and every third year     311          

thereafter, the Ohio retirement study commission shall cause an    312          

independent actuarial study to be completed and submitted to the   313          

                                                          9      

                                                                 
Ohio board of regents.  The study shall determine any adjustments  314          

in contributions necessary to reflect any change in the level of   315          

the negative financial impact resulting from the establishment of  316          

the alternative retirement program.  The amount contributed to     318          

the state retirement system pursuant to this division shall be                  

increased or decreased to reflect the amount needed to mitigate    319          

the negative financial impact, if any, on the system, as           320          

determined by each actuarial study. Any increase or decrease in    321          

contributions shall become effective on the first day of July in   322          

the year in which the actuarial study is completed.                323          

Contributions on behalf of an electing employee shall continue in  324          

accordance with this division until the occurrence of the          325          

following:                                                                      

      (1)  If the electing employee would be subject to Chapter    327          

145. of the Revised Code had the employee not made an election     328          

pursuant to section 3305.05 of the Revised Code, until the         330          

unfunded actuarial accrued liability for all benefits, except      332          

health care benefits provided under section 145.325 or 145.58 of   333          

the Revised Code, is fully amortized, as determined by the annual  334          

actuarial valuation prepared under section 145.22 of the Revised   335          

Code;                                                                           

      (2)  If the electing employee would be subject to Chapter    337          

3307. of the Revised Code had the employee not made an election    338          

pursuant to section 3305.05 of the Revised Code, until the         339          

unfunded actuarial accrued liability for all benefits, except      340          

health care benefits provided under section 3307.405 or 3307.74    341          

of the Revised Code, is fully amortized, as determined by the      342          

annual actuarial valuation prepared under section 3307.20 of the   343          

Revised Code;                                                                   

      (3) If the electing employee would be subject to Chapter     345          

3309. of the Revised Code had the employee not made an election    346          

pursuant to section 3305.05 of the Revised Code, until the         347          

unfunded actuarial accrued liability for all benefits, except      348          

health care benefits provided under section 3309.375 or 3309.69    349          

                                                          10     

                                                                 
of the Revised Code, is fully amortized, as determined by the      350          

annual actuarial valuation prepared under section 3309.21 of the   351          

Revised Code.                                                                   

      Sec. 3309.36.  (A)  A member retiring on service retirement  360          

shall be granted a retirement allowance consisting of the lesser   361          

of the sum of the following amounts or the limit established by    362          

section 415 of the "Internal Revenue Code of 1986," 100 Stat.      363          

2085, 26 U.S.C.A. 415, as amended:                                 364          

      (A)(1)  An annuity having a reserve equal to the amount of   366          

the employee's accumulated contributions at that time;             367          

      (B)(2)  A pension of equivalent amount;                      369          

      (C)(3)  An additional pension of forty dollars multiplied    371          

by the number of years of such prior service credit;               372          

      (D)(4)  For members who have ten or more years of service    374          

credit accumulated prior to October 1, 1956, a basic annual        375          

pension equal to one hundred eighty dollars, except that such      376          

basic annual pension shall not exceed the sum of the total annual  377          

benefits provided by divisions (A)(1), (B)(2), and (C)(3) of this  379          

section.                                                                        

      (E)(B)(1)  When a member retires on service retirement and   381          

his, THE MEMBER'S allowance when computed as an annual single      384          

lifetime allowance as provided in divisions (A)(1), (B)(2),        386          

(C)(3), and (D)(4) of this section and section 3309.38 of the      387          

Revised Code, based upon attained age sixty-five or thirty years   388          

of total service credit, is SHALL BE NOT less than the greater of  390          

the amounts determined by multiplying his THE MEMBER'S total       391          

service credit by eighty-six THE FOLLOWING:                        392          

      (a)  EIGHTY-SIX dollars, or by two;                          394          

      (b)  TWO and one-tenth per cent of his THE MEMBER'S final    397          

average salary, then the allowance shall be increased to such      399          

greater amount.  If such member's attained age is other than       400          

sixty-five, or his total service credit is other than thirty       402          

years, then he shall receive an adjusted FOR EACH OF THE FIRST     403          

THIRTY YEARS OF SERVICE CREDIT OR FRACTION THEREOF PLUS TWO AND                 

                                                          11     

                                                                 
ONE-HALF PER CENT OF THE MEMBER'S FINAL AVERAGE SALARY FOR EACH    404          

SUBSEQUENT YEAR OF SERVICE CREDIT OR FRACTION THEREOF.             405          

      (2)  THE annual single lifetime allowance which DETERMINED   409          

UNDER DIVISION (B)(1) OF THIS SECTION shall be ADJUSTED BY the     410          

higher percentage of a base amount determined by GREATER           412          

PERCENTAGE SHOWN IN the following schedule:                        413          

                            Years of                Per Cent       418          

    Attained     or       Ohio Service                 of          422          

       Age                   Credit                Base Amount     425          

       58                      25                      75%         428          

       59                      26                      80          431          

       60                      27                      85          434          

       61                                              88          437          

                               28                      90          440          

       62                                              91          443          

       63                                              94          446          

                               29                      95          449          

       64                                              97          452          

       65                  30 or more                 100.         455          

Members shall vest the right to a benefit in accordance with the   458          

following schedule, based on the member's attained age by          459          

September 1, 1976:                                                 460          

                                              Per Cent             461          

           Attained                              of                462          

             Age                            Base Amount            463          

              66                                102                464          

              67                                104                465          

              68                                106                466          

              69                                108                467          

          70 or more                            110.               468          

      (2)(3)  The annual single lifetime allowance which a         470          

retirant shall receive under this division shall not exceed the    471          

lesser of ninety per cent of his THE MEMBER'S final average        472          

salary or the limit established by section 415 of the "Internal    474          

                                                          12     

                                                                 
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as         475          

amended.                                                                        

      (F)(C)  Retirement allowances determined under this section  477          

shall be paid as provided in section 3309.46 of the Revised Code.  478          

      Sec. 3309.38.  (A)  A member retiring on commuted service    487          

retirement on or after September 30, 1963, shall be granted a      488          

retirement allowance consisting of:                                489          

      (A)(1)  An annuity having a reserve equal to the amount of   491          

the employee's accumulated contributions at the time;              492          

      (B)(2)  A pension of equivalent amount;                      494          

      (C)(3)  An additional pension, if such employee has prior    496          

service credit, the reserve for which, based upon regular          497          

interest and the service tables approved by the board, shall be    498          

the present worth of the reserve required for the payment of the   499          

prior service pension provided by section 3309.36 of the Revised   500          

Code, after either age sixty or thirty-two years of service        501          

credit, whichever can be first attained.  The annual prior         502          

service pension shall be determined by the amount of such          503          

commuted reserve divided by the service annuity rate for the       504          

attained annuity age of retirement;.                               505          

      (D)(4)  For members who have ten or more years of service    507          

credit accumulated prior to October 1, 1956, a basic annual        508          

pension equal to one hundred eighty dollars, which shall be        509          

commuted in the same manner as provided for the prior service      510          

pension in division (C)(A)(3) of this section, provided such       511          

commuted basic annual pension shall not exceed the sum of the      513          

total annual benefits provided by divisions (A)(1), (B)(2), and    514          

(C)(3) of this section.                                            515          

      (E)(B)  When a member retires on commuted service            517          

retirement, his THE MEMBER'S annual single lifetime allowance      518          

including the allowances provided in divisions (A)(1), (B)(2),     520          

(C)(3), and (D)(4) of this section shall not be less than the      522          

allowances provided under the provisions of division (E)(B) of     523          

section 3309.36 of the Revised Code and shall not exceed the       525          

                                                          13     

                                                                 
limit established by division (E)(2)(B)(3) of that section.        527          

      (F)(C)  Retirement allowances determined under this section  529          

shall be paid as provided in section 3309.46 of the Revised Code.  530          

      Sec. 3309.50.  Upon the death of a retirant or disability    539          

benefit recipient, who at the time of death is receiving a         540          

service retirement allowance or disability benefit from the        541          

school employees retirement system, a lump-sum payment of five     542          

hundred ONE THOUSAND dollars shall be paid to any designated or    543          

qualified beneficiary under division (D) of section 3309.44 of     544          

the Revised Code, or, if none NO SUCH DESIGNATION HAS BEEN FILED   545          

OR IF THE DESIGNATED BENEFICIARY IS DECEASED OR IS NOT LOCATED     546          

WITHIN NINETY DAYS, the school employees retirement board may      547          

approve payment to either the person responsible for the burial    548          

expenses or to the decedent's estate following the completion of   549          

an application on a form approved by the board.                                 

      Sec. 3309.69.  (A)  As used in this section, "ineligible     558          

individual" means all of the following:                            559          

      (1)  A former member receiving benefits pursuant to section  561          

3309.34, 3309.35, 3309.36, 3309.38, or 3309.381 of the Revised     562          

Code for whom eligibility is established more than five years      563          

after June 13, 1981, and who, at the time of establishing          564          

eligibility, has accrued less than ten years of service credit,    565          

exclusive of credit obtained after January 29, 1981, pursuant to   566          

sections 3309.021, 3309.301, 3309.31, and 3309.33 of the Revised   567          

Code;                                                              568          

      (2)  The spouse of the former member;                        570          

      (3)  The beneficiary of the former member receiving          572          

benefits pursuant to section 3309.46 of the Revised Code.          573          

      (B)  The school employees retirement board may enter into    575          

an agreement with insurance companies, health insuring             577          

corporations, or government agencies authorized to do business in  579          

the state for issuance of a policy or contract of health,          580          

medical, hospital, or surgical benefits, or any combination        581          

thereof, for those individuals receiving service retirement or a   582          

                                                          14     

                                                                 
disability or survivor benefit subscribing to the plan and their   584          

eligible dependents.                                                            

      If all or any portion of the policy or contract premium is   586          

to be paid by any individual receiving service retirement or a     588          

disability or survivor benefit, the person shall, by written       589          

authorization, instruct the board to deduct the premiums agreed    590          

to be paid by the individual to the companies, corporations, or    592          

agencies.                                                                       

      The board may contract for coverage on the basis of part or  595          

all of the cost of the coverage to be paid from appropriate funds  596          

of the school employees retirement system.  The cost paid from     597          

the funds of the system shall be included in the employer's        599          

contribution rate provided by sections 3309.49 and 3309.491 of     600          

the Revised Code.  The board shall not pay or reimburse the cost   601          

for health care under this section or section 3309.375 of the      602          

Revised Code for any ineligible individual.                        603          

      The board may provide for self-insurance of risk or level    605          

of risk as set forth in the contract with the companies,           606          

corporations, or agencies, and may provide through the             607          

self-insurance method specific benefits as authorized by the       608          

rules of the board.                                                609          

      (C)  If the board provides health, medical, hospital, or     611          

surgical benefits through any means other than a health insuring   613          

corporation, it shall offer to each individual eligible for the    616          

benefits the alternative of receiving benefits through enrollment  618          

in a health insuring corporation, if all of the following apply:   620          

      (1)  The health insuring corporation provides health care    623          

services in the geographical area in which the individual lives;   625          

      (2)  The eligible individual was receiving health care       627          

benefits through a health maintenance organization or a health     628          

insuring corporation before retirement;                            630          

      (3)  The rate and coverage provided by the health insuring   633          

corporation to eligible individuals is comparable to that          635          

currently provided by the board under division (B) of this         636          

                                                          15     

                                                                 
section.  If the rate or coverage provided by the health insuring  637          

corporation is not comparable to that currently provided by the    639          

board under division (B) of this section, the board may deduct     640          

the additional cost from the eligible individual's monthly         641          

benefit.                                                                        

      The health insuring corporation shall accept as an enrollee  645          

any eligible individual who requests enrollment.                                

      The board shall permit each eligible individual to change    647          

from one plan to another at least once a year at a time            648          

determined by the board.                                           649          

      (D)  The board shall, beginning the month following receipt  651          

of satisfactory evidence of the payment for coverage, make a       652          

monthly payment to each recipient of service retirement, or a      653          

disability or survivor benefit under the school employees          654          

retirement system who is eligible for insurance coverage under     655          

part B of "The Social Security Amendments of 1965," 79 Stat. 301,  656          

42 U.S.C.A. 1395j, as amended, except that the board shall make    657          

no such payment to any ineligible individual.  The EFFECTIVE ON    658          

THE FIRST DAY OF THE MONTH AFTER THE EFFECTIVE DATE OF THIS        659          

AMENDMENT, THE amount of the payment shall be the lesser of an     661          

amount equal to the basic premium for such coverage, or an amount  662          

equal to the basic premium in effect on January 1, 1988 1992.      663          

      (E)  The board shall establish by rule requirements for the  665          

coordination of any coverage, payment, or benefit provided under   667          

this section or section 3309.375 of the Revised Code with any      669          

similar coverage, payment, or benefit made available to the same   670          

individual by the public employees retirement system, police and   671          

firemen's disability and pension fund, state teachers retirement   672          

system, or state highway patrol retirement system.                 673          

      (F)  The board shall make all other necessary rules          675          

pursuant to the purpose and intent of this section.                676          

      Section 2.  That existing sections 145.30, 3305.05,          678          

3305.06, 3309.36, 3309.38, 3309.50, and 3309.69 and section        680          

3309.37 of the Revised Code are hereby repealed.                                

                                                          16     

                                                                 
      Section 3.  The School Employees Retirement System should    682          

make a one-time payment to each person who is a current recipient  683          

of service retirement or a disability or survivor benefit from     684          

the System and was eligible to receive a monthly payment pursuant  685          

to division (D) of section 3309.69 of the Revised Code for         686          

insurance coverage under Part B of "The Social Security                         

Amendments of 1965," 79 Stat. 301, 42 U.S.C.A. 1935j, as amended,  687          

at any time during the period commencing January 1, 1992, and      688          

ending on the effective date of this section.  The amount of the   689          

payment to each recipient shall be equal to the sum of the         690          

differences between:                                                            

      (A)  Each monthly payment the recipient was eligible to      692          

receive under division (D) of section 3309.69 of the Revised Code  693          

during the period commencing January 1, 1992, and ending on the    694          

effective date of this section; and                                             

      (B)  The amount of the monthly payment that is authorized    696          

by division (D) of section 3309.69 of the Revised Code as enacted  697          

by this act.