As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                        Am. 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           

      GRENDELL-BOGGS-COLONNA-VERICH-JOHNSON-WOMER BENJAMIN-        11           

   MILLER-WACHTMANN-HARRIS-MYERS-WILLAMOWSKI-METZGER-PRENTISS-     12           

      ROBERTS-LUCAS-SCHULER-O'BRIEN-BOYD-MOTTL-DAMSCHRODER-        13           

     MALLORY-BRADY-STAPLETON-CALLENDER-WINKLER-EVANS-JONES-        14           

                  SULZER-SALERNO-WILSON-SUTTON                     15           



                                                                   17           

                           A   B I L L                                          

             To amend sections 145.30, 3305.05, 3305.06, 3309.36,  19           

                3309.38, 3309.50, and 3309.69, to enact section    20           

                3305.051, and to repeal section 3309.37 of the     21           

                Revised Code to increase the School Employees      22           

                Retirement System (SERS) service retirement        23           

                benefit for retirants with more than 30 years'     24           

                service credit, to increase the SERS death         25           

                benefit to $1,000, to increase the SERS            26           

                reimbursement for insurance coverage under         27           

                Medicare Part B, to make changes with regard to    29           

                military service credit granted by the  Public     30           

                Employees Retirement System, to make changes to    31           

                the law governing alternative retirement programs  32           

                for employees of  public institutions of higher    34           

                education, and to change the date by which the     36           

                Ohio Retirement Study Commission is  required to   37           

                have completed and submitted an actuarial study    38           

                of the alternative  retirement program for         39           

                employees of public institutions of higher         40           

                education.                                         41           

                                                          2      

                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        43           

      Section 1.  That sections 145.30, 3305.05, 3305.06,          45           

3309.36, 3309.38, 3309.50, and 3309.69 be amended and section      46           

3305.051 of the Revised Code be enacted to read as follows:        47           

      Sec. 145.30.  (A)  As used in this section and section       56           

145.301 of the Revised Code:                                       57           

      (1)  "Armed forces" of the United States includes the        59           

following:                                                                      

      (a)  Army, navy, air force, marine corps, coast guard,       61           

auxiliary corps as established by congress, red cross nurse        62           

serving with the army, navy, air force, or hospital service of     63           

the United States, army nurse corps, navy nurse corps, full-time   64           

service with the American red cross in a combat zone, and such     65           

other service as may be designated by congress as included                      

therein;                                                                        

      (b)  Personnel of the Ohio national guard and the reserve    67           

components of any of the armed forces enumerated in division       68           

(A)(1) of this section who are called to active duty pursuant to   69           

an executive order issued by the president of the United States    70           

or an act of congress;                                                          

      (c)  Persons on whom United States merchant marine veteran   72           

status has been conferred for service aboard oceangoing merchant   73           

ships in service to the United States during World War II.         74           

      (2)  "State retirement system" means any of the following:   76           

the police and firemen's disability and pension fund, public       77           

employees retirement system, school employees retirement system,   78           

state highway patrol retirement system, or the state teachers      79           

retirement system.                                                              

      (B)  Upon reemployment in the public service and completion  81           

of one year of service credit as covered by a state retirement     82           

system or the Cincinnati retirement system, within two years       83           

after service in the uniformed services ARMED FORCES that is       85           

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

Title 38 of the United States Code, "Uniformed Services            86           

                                                          3      

                                                                 
Employment and Reemployment Rights Act of 1994," 108 Stat. 3149,   87           

38 U.S.C.A. 4304, and presentation of documentation of the         88           

service and subject to rules adopted by the retirement board, any  89           

member of the public employees retirement system who was a member  90           

with not less than one year of payroll deductions before entering               

active duty with the armed forces and maintained membership in     91           

the public employees retirement system as provided by section      92           

145.41 of the Revised Code, and who was or is out of active        93           

service as a public employee by reason of having become a member   94           

of the armed forces of the United States on active duty or         95           

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

years, considered as the equivalent of prior service.  Uniformed   97           

service SERVICE IN THE ARMED FORCES as established by              99           

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

also be considered prior service for a person who was a public     100          

employee and who has acquired service credit for five years prior  101          

to, and within the one year preceding, the date of entering on     102          

active duty in the armed forces of the United States if such       103          

person was reemployed in the public service within one year after  104          

service in the uniformed services ARMED FORCES that is terminated  105          

in a manner other than as described in section 4304 of Title 38    106          

of the United States Code, "Uniformed Services Employment and      107          

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

4304, AND ESTABLISHED TOTAL SERVICE CREDIT AS DEFINED IN SECTION   109          

145.01 OF THE REVISED CODE of twenty years exclusive of credit                  

for SERVICE IN THE uniformed service SERVICES, AS DEFINED IN       111          

SECTION 145.302 OF THE REVISED CODE.  This division shall not      112          

serve to cancel any military service credit earned or granted      113          

prior to November 1, 1965.                                                      

      (C)  A member of the public employees retirement system is   115          

ineligible to receive service credit under this section for any    116          

year of military service credit used in the calculation of any     117          

retirement benefit currently being paid to the member or payable   118          

in the future under any other retirement program, except social    119          

                                                          4      

                                                                 
security, or used to obtain service credit pursuant to section                  

145.301 or 145.302 of the Revised Code.  At the time such credit   120          

is requested, the member shall certify on a form supplied by the   121          

retirement board that the member does and will conform to this     122          

requirement.  This division does not cancel any military service   123          

credit earned prior to March 15, 1979.                                          

      Sec. 3305.05.  (A)  A person whose employment as an          132          

academic or administrative employee of a public institution of     133          

higher education commences after the initial date on which the     134          

board of trustees of the public institution establishes the        135          

alternative retirement program may, not later than ninety days     136          

after the starting date of employment, make an election to                      

participate in an alternative retirement plan available at the     137          

public institution.  If no election to an alternative retirement   138          

plan is in effect at the end of ninety days after the person's     139          

starting date of employment, the person shall be deemed to have    141          

elected participation in the state retirement system that applies  142          

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

(F) of this section, an election that is made under this division  143          

or division (B) of this section and that is in effect at the end   144          

of ninety days after the person's starting date of employment,     145          

shall be irrevocable while the electing employee remains           147          

continuously employed.  A person who makes an election to                       

participate in an alternative retirement plan shall be forever     148          

barred from claiming or purchasing service credit under any state  149          

retirement system for the period of that person's employment that  151          

the election is in effect. If a person ceases to be continuously   153          

employed and subsequently is employed by a public institution of                

higher education in a position for which an alternative            154          

retirement plan is available under this chapter, the person may    155          

make another election under this division.  Each public            156          

institution of higher education employing a person eligible to     157          

make an election under this division shall notify, within ten      158          

days of the person's employment, that THE state retirement system  159          

                                                          5      

                                                                 
that applies to that person's employment in the manner specified   161          

by that state retirement system, which notice shall include the    163          

new employee's name and address.                                                

      This division does not apply to any person who has made an   165          

election under this division or division (B) of this section       166          

unless the person has ceased to be continuously employed.          167          

      (B)(1)  Not later than one hundred twenty days after the     169          

date on which the board of trustees of a public institution of     171          

higher education establishes the initial alternative retirement    172          

program for that public institution, each ELIGIBLE academic or     174          

administrative employee of the public institution with less than   175          

five years of total service credit in the state retirement system  176          

in which the person is a member on that initial establishment      178          

date may make an election to participate in an alternative                      

retirement plan available at the public institution.  If a person  179          

to whom this division applies fails to make an election, the       180          

person shall be deemed to have elected continued participation in  181          

the state retirement system in which the person is a member.       182          

      (2)(a)  IF A PUBLIC INSTITUTION'S ALTERNATIVE RETIREMENT     184          

PROGRAM IS ESTABLISHED NOT LATER THAN SIX MONTHS AFTER THE         185          

DEPARTMENT OF INSURANCE MAKES A DESIGNATION UNDER SECTION 3305.03  186          

OF THE REVISED CODE, A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT   187          

SYSTEM OR SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO IS AN ACADEMIC    188          

OR ADMINISTRATIVE EMPLOYEE OF THE PUBLIC INSTITUTION IS ELIGIBLE                

TO ELECT TO PARTICIPATE IF THE MEMBER HAS LESS THAN FIVE YEARS OF  189          

SERVICE CREDIT IN THE RETIREMENT SYSTEM ON THE LAST DAY OF THE     190          

MONTH IN WHICH THE DESIGNATION IS MADE.  IF A PUBLIC               191          

INSTITUTION'S ALTERNATIVE RETIREMENT PROGRAM IS ESTABLISHED MORE   192          

THAN SIX MONTHS AFTER THE DEPARTMENT OF INSURANCE MAKES THE                     

DESIGNATION, A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM    193          

OR SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO IS AN ACADEMIC OR        194          

ADMINISTRATIVE EMPLOYEE OF THE PUBLIC INSTITUTION IS ELIGIBLE TO   195          

ELECT TO PARTICIPATE IF THE MEMBER HAS LESS THAN FIVE YEARS OF     196          

SERVICE CREDIT IN THE RETIREMENT SYSTEM ON THE FIRST DAY THE       197          

                                                          6      

                                                                 
MONTH IN WHICH THE PROGRAM IS ESTABLISHED.                                      

      (b)  A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO    199          

IS AN ACADEMIC OR ADMINISTRATIVE EMPLOYEE OF A PUBLIC INSTITUTION  200          

THAT ESTABLISHES AN ALTERNATIVE RETIREMENT PROGRAM IS ELIGIBLE TO  201          

PARTICIPATE IN THE PROGRAM IF THE MEMBER HAS LESS THAN FIVE YEARS  202          

OF SERVICE CREDIT IN THE RETIREMENT SYSTEM ON THE THIRTIETH DAY    203          

OF JUNE IMMEDIATELY PRECEDING THE DATE THE PROGRAM IS              204          

ESTABLISHED.                                                                    

      (C)  Each academic or administrative employee shall make     206          

any AN election under division (A) or (B) of this section in       207          

writing and submit the election to the designated officer of the   208          

employee's employing public institution of higher education.  The  209          

officer shall file a certified copy of the election within ten     210          

days with the state retirement system to which, apart from this    212          

election, the employee's employment would be subject.              213          

      (D)(1)  Each election made under division (A) of this        215          

section shall be effective on the electing employee's starting     216          

date of employment.                                                217          

      (2)  Each IN THE CASE OF A MEMBER OF THE PUBLIC EMPLOYEES    219          

RETIREMENT SYSTEM OR SCHOOL EMPLOYEES RETIREMENT SYSTEM, AN        220          

election made under division (B) of this section shall be          222          

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

on which the electing employee submits the election under          223          

division (C) of this section DATE DESCRIBED IN DIVISION (B)(2)(a)  224          

OF THIS SECTION.  IN THE CASE OF A MEMBER OF THE STATE TEACHERS    226          

RETIREMENT SYSTEM, AN ELECTION SHALL BE EFFECTIVE ON THE DATE      227          

DESCRIBED IN DIVISION (B)(2)(b) OF THIS SECTION.                   228          

      (E)  Any election made under division (A) or (B) of this     231          

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

positions for which an alternative retirement program is           232          

available pursuant to this chapter.  Employment of the electing    233          

employee in any other position shall be subject to the applicable  234          

state retirement system.                                                        

      (F)  The board of trustees of a public institution of        236          

                                                          7      

                                                                 
higher education shall permit an electing employee to change the   237          

alternative retirement plan in which the electing employee         238          

participates if the plan ceases, pursuant to division (C) of       240          

section 3305.03 of the Revised Code, to be a designated plan.      242          

      Sec. 3305.051.  THE STATE RETIREMENT SYSTEM THAT COVERS THE  244          

POSITION HELD BY AN EMPLOYEE OF A PUBLIC INSTITUTION OF HIGHER     245          

EDUCATION WHO MAKES AN ELECTION UNDER DIVISION (A) OF SECTION      246          

3305.06 OF THE REVISED CODE TO PARTICIPATE IN THE PUBLIC           247          

INSTITUTION'S ALTERNATIVE RETIREMENT PROGRAM SHALL RETURN TO THE                

PUBLIC INSTITUTION ANY EMPLOYEE AND EMPLOYER CONTRIBUTIONS MADE    248          

TO THE RETIREMENT SYSTEM FOR THE NINETY-DAY PERIOD DESCRIBED IN    249          

THAT DIVISION LESS THE AMOUNT DUE THE RETIREMENT SYSTEM PURSUANT   250          

TO DIVISION (E) OF SECTION 3305.06 OF THE REVISED CODE FOR THAT    251          

PERIOD.                                                                         

      THE STATE RETIREMENT SYSTEM THAT COVERS THE POSITION HELD    253          

BY AN EMPLOYEE OF A PUBLIC INSTITUTION OF HIGHER EDUCATION WHO     254          

MAKES AN ELECTION UNDER DIVISION (B) OF SECTION 3305.06 OF THE     255          

REVISED CODE TO PARTICIPATE IN THE PUBLIC INSTITUTION'S            256          

ALTERNATIVE RETIREMENT PROGRAM SHALL RETURN TO THE PUBLIC                       

INSTITUTION ANY EMPLOYEE AND EMPLOYER CONTRIBUTIONS MADE TO THE    257          

RETIREMENT SYSTEM FOR ANY PERIOD COMMENCING AFTER THE APPLICABLE   258          

DATE DESCRIBED IN DIVISION (B)(2)(a) OR (b) OF SECTION 3305.06 OF  260          

THE REVISED CODE LESS THE AMOUNT DUE THE RETIREMENT SYSTEM                      

PURSUANT TO DIVISION (E) OF SECTION 3305.06 OF THE REVISED CODE    261          

FOR THAT PERIOD.                                                                

      Sec. 3305.06.  (A)  Each electing employee shall contribute  270          

an amount, which shall be a certain percentage of the employee's   271          

compensation, to the alternative retirement plan in which the      272          

employee participates.  This percentage shall be the percentage    273          

the electing employee would have otherwise been required to        274          

contribute to the state retirement system that applies to the                   

employee's position, except that the percentage shall not be less  275          

than three per cent.  Employee contributions under this division   276          

may be treated as employer contributions in accordance with        277          

                                                          8      

                                                                 
Internal Revenue Code 414 (h).                                     278          

      (B)  Each public institution of higher education employing   280          

an electing employee shall contribute an amount, which shall be a  281          

certain percentage of the employee's compensation, to the          282          

alternative retirement plan the employee has elected.  This        283          

percentage shall be determined by the board of trustees of the     284          

public institution.                                                             

      (C)(1)  In no event shall the amount contributed by the      287          

electing employee pursuant to division (A) of this section and on  288          

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

section be less than the amount necessary to qualify the plan as   289          

a state retirement system pursuant to Internal Revenue Code        290          

3121(B)(7) and the regulations adopted thereunder.                 291          

      (2)  The full amount of the electing employee's              293          

contribution under division (A) of this section and the full       294          

amount of the employer's contribution made on behalf of that       295          

employee under division (B) of this section shall be paid to the   296          

entity providing the employee's alternative retirement plan for    297          

application to that plan in accordance with any contract the       298          

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

no event shall any benefits be paid under that plan prior to the   299          

time an electing employee ceases to be continuously employed.      300          

      (D)  An electing employee may make voluntary deposits to     302          

the employee's alternative retirement plan in addition to the      303          

employee contribution required under division (A) of this          305          

section.                                                                        

      (E)  Each public institution of higher education employing   307          

an electing employee shall contribute on behalf of that employee   308          

to the state retirement system that otherwise applies to the       309          

electing employee's position an amount equal to six per cent of    310          

the electing employee's compensation to mitigate any negative      311          

financial impact of the alternative retirement program on the      313          

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

following the first year after the effective date of this section  314          

                                                          9      

                                                                 
DEPARTMENT OF INSURANCE DESIGNATES AN ALTERNATIVE RETIREMENT PLAN  315          

UNDER SECTION 3305.03 OF THE REVISED CODE and every third year     316          

thereafter, the Ohio retirement study commission shall cause an    317          

independent actuarial study to be completed and submitted to the   318          

Ohio board of regents.  The study shall determine any adjustments  319          

in contributions necessary to reflect any change in the level of   320          

the negative financial impact resulting from the establishment of  321          

the alternative retirement program.  The amount contributed to     323          

the state retirement system pursuant to this division shall be                  

increased or decreased to reflect the amount needed to mitigate    324          

the negative financial impact, if any, on the system, as           325          

determined by each actuarial study. Any increase or decrease in    326          

contributions shall become effective on the first day of July in   327          

the year in which the actuarial study is completed.                328          

Contributions on behalf of an electing employee shall continue in  329          

accordance with this division until the occurrence of the          330          

following:                                                                      

      (1)  If the electing employee would be subject to Chapter    332          

145. of the Revised Code had the employee not made an election     333          

pursuant to section 3305.05 of the Revised Code, until the         335          

unfunded actuarial accrued liability for all benefits, except      337          

health care benefits provided under section 145.325 or 145.58 of   338          

the Revised Code, is fully amortized, as determined by the annual  339          

actuarial valuation prepared under section 145.22 of the Revised   340          

Code;                                                                           

      (2)  If the electing employee would be subject to Chapter    342          

3307. of the Revised Code had the employee not made an election    343          

pursuant to section 3305.05 of the Revised Code, until the         344          

unfunded actuarial accrued liability for all benefits, except      345          

health care benefits provided under section 3307.405 or 3307.74    346          

of the Revised Code, is fully amortized, as determined by the      347          

annual actuarial valuation prepared under section 3307.20 of the   348          

Revised Code;                                                                   

      (3) If the electing employee would be subject to Chapter     350          

                                                          10     

                                                                 
3309. of the Revised Code had the employee not made an election    351          

pursuant to section 3305.05 of the Revised Code, until the         352          

unfunded actuarial accrued liability for all benefits, except      353          

health care benefits provided under section 3309.375 or 3309.69    354          

of the Revised Code, is fully amortized, as determined by the      355          

annual actuarial valuation prepared under section 3309.21 of the   356          

Revised Code.                                                                   

      Sec. 3309.36.  (A)  A member retiring on service retirement  365          

shall be granted a retirement allowance consisting of the lesser   366          

of the sum of the following amounts or the limit established by    367          

section 415 of the "Internal Revenue Code of 1986," 100 Stat.      368          

2085, 26 U.S.C.A. 415, as amended:                                 369          

      (A)(1)  An annuity having a reserve equal to the amount of   371          

the employee's accumulated contributions at that time;             372          

      (B)(2)  A pension of equivalent amount;                      374          

      (C)(3)  An additional pension of forty dollars multiplied    376          

by the number of years of such prior service credit;               377          

      (D)(4)  For members who have ten or more years of service    379          

credit accumulated prior to October 1, 1956, a basic annual        380          

pension equal to one hundred eighty dollars, except that such      381          

basic annual pension shall not exceed the sum of the total annual  382          

benefits provided by divisions (A)(1), (B)(2), and (C)(3) of this  384          

section.                                                                        

      (E)(B)(1)  When a member retires on service retirement and   386          

his, THE MEMBER'S allowance when computed as an annual single      389          

lifetime allowance as provided in divisions (A)(1), (B)(2),        391          

(C)(3), and (D)(4) of this section and section 3309.38 of the      392          

Revised Code, based upon attained age sixty-five or thirty years   393          

of total service credit, is SHALL BE NOT less than the greater of  395          

the amounts determined by multiplying his THE MEMBER'S total       396          

service credit by eighty-six THE FOLLOWING:                        397          

      (a)  EIGHTY-SIX dollars, or by two;                          399          

      (b)  TWO and one-tenth per cent of his THE MEMBER'S final    402          

average salary, then the allowance shall be increased to such      404          

                                                          11     

                                                                 
greater amount.  If such member's attained age is other than       405          

sixty-five, or his total service credit is other than thirty       407          

years, then he shall receive an adjusted FOR EACH OF THE FIRST     408          

THIRTY YEARS OF SERVICE CREDIT OR FRACTION THEREOF PLUS TWO AND                 

ONE-HALF PER CENT OF THE MEMBER'S FINAL AVERAGE SALARY FOR EACH    409          

SUBSEQUENT YEAR OF SERVICE CREDIT OR FRACTION THEREOF.             410          

      (2)  THE annual single lifetime allowance which DETERMINED   414          

UNDER DIVISION (B)(1) OF THIS SECTION shall be ADJUSTED BY the     415          

higher percentage of a base amount determined by GREATER           417          

PERCENTAGE SHOWN IN the following schedule OPPOSITE THE MEMBER'S   418          

ATTAINED AGE OR YEARS OF OHIO SERVICE CREDIT:                      419          

                            Years of                Per Cent       424          

    Attained     or       Ohio Service                 of          428          

       Age                   Credit                Base Amount     431          

       58                      25                      75%         434          

       59                      26                      80          437          

       60                      27                      85          440          

       61                                              88          443          

                               28                      90          446          

       62                                              91          449          

       63                                              94          452          

                               29                      95          455          

       64                                              97          458          

       65                  30 or more                 100.         461          

Members shall vest the right to a benefit in accordance with the   464          

following schedule, based on the member's attained age by          465          

September 1, 1976:                                                 466          

                                              Per Cent             467          

           Attained                              of                468          

             Age                            Base Amount            469          

              66                                102                470          

              67                                104                471          

              68                                106                472          

              69                                108                473          

                                                          12     

                                                                 
          70 or more                            110.               474          

      (2)(3)  The annual single lifetime allowance which a         476          

retirant shall receive under this division shall not exceed the    477          

lesser of ninety per cent of his THE MEMBER'S final average        478          

salary or the limit established by section 415 of the "Internal    480          

Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as         481          

amended.                                                                        

      (F)(C)  Retirement allowances determined under this section  483          

shall be paid as provided in section 3309.46 of the Revised Code.  484          

      Sec. 3309.38.  (A)  A member retiring on commuted service    493          

retirement on or after September 30, 1963, shall be granted a      494          

retirement allowance consisting of:                                495          

      (A)(1)  An annuity having a reserve equal to the amount of   497          

the employee's accumulated contributions at the time;              498          

      (B)(2)  A pension of equivalent amount;                      500          

      (C)(3)  An additional pension, if such employee has prior    502          

service credit, the reserve for which, based upon regular          503          

interest and the service tables approved by the board, shall be    504          

the present worth of the reserve required for the payment of the   505          

prior service pension provided by section 3309.36 of the Revised   506          

Code, after either age sixty or thirty-two years of service        507          

credit, whichever can be first attained.  The annual prior         508          

service pension shall be determined by the amount of such          509          

commuted reserve divided by the service annuity rate for the       510          

attained annuity age of retirement;.                               511          

      (D)(4)  For members who have ten or more years of service    513          

credit accumulated prior to October 1, 1956, a basic annual        514          

pension equal to one hundred eighty dollars, which shall be        515          

commuted in the same manner as provided for the prior service      516          

pension in division (C)(A)(3) of this section, provided such       517          

commuted basic annual pension shall not exceed the sum of the      519          

total annual benefits provided by divisions (A)(1), (B)(2), and    520          

(C)(3) of this section.                                            521          

      (E)(B)  When a member retires on commuted service            523          

                                                          13     

                                                                 
retirement, his THE MEMBER'S annual single lifetime allowance      524          

including the allowances provided in divisions (A)(1), (B)(2),     526          

(C)(3), and (D)(4) of this section shall not be less than the      528          

allowances provided under the provisions of division (E)(B) of     529          

section 3309.36 of the Revised Code and shall not exceed the       531          

limit established by division (E)(2)(B)(3) of that section.        533          

      (F)(C)  Retirement allowances determined under this section  535          

shall be paid as provided in section 3309.46 of the Revised Code.  536          

      Sec. 3309.50.  Upon the death of a retirant or disability    545          

benefit recipient, who at the time of death is receiving a         546          

service retirement allowance or disability benefit from the        547          

school employees retirement system, a lump-sum payment of five     548          

hundred ONE THOUSAND dollars shall be paid to any designated or    549          

qualified beneficiary under division (D) of section 3309.44 of     550          

the Revised Code, or, if none NO SUCH DESIGNATION HAS BEEN FILED   551          

OR IF THE DESIGNATED BENEFICIARY IS DECEASED OR IS NOT LOCATED     552          

WITHIN NINETY DAYS, the school employees retirement board may      553          

approve payment to either the person responsible for the burial    554          

expenses or to the decedent's estate following the completion of   555          

an application on a form approved by the board.                                 

      Sec. 3309.69.  (A)  As used in this section, "ineligible     564          

individual" means all of the following:                            565          

      (1)  A former member receiving benefits pursuant to section  567          

3309.34, 3309.35, 3309.36, 3309.38, or 3309.381 of the Revised     568          

Code for whom eligibility is established more than five years      569          

after June 13, 1981, and who, at the time of establishing          570          

eligibility, has accrued less than ten years of service credit,    571          

exclusive of credit obtained after January 29, 1981, pursuant to   572          

sections 3309.021, 3309.301, 3309.31, and 3309.33 of the Revised   573          

Code;                                                              574          

      (2)  The spouse of the former member;                        576          

      (3)  The beneficiary of the former member receiving          578          

benefits pursuant to section 3309.46 of the Revised Code.          579          

      (B)  The school employees retirement board may enter into    581          

                                                          14     

                                                                 
an agreement with insurance companies, health insuring             583          

corporations, or government agencies authorized to do business in  585          

the state for issuance of a policy or contract of health,          586          

medical, hospital, or surgical benefits, or any combination        587          

thereof, for those individuals receiving service retirement or a   588          

disability or survivor benefit subscribing to the plan and their   590          

eligible dependents.                                                            

      If all or any portion of the policy or contract premium is   592          

to be paid by any individual receiving service retirement or a     594          

disability or survivor benefit, the person shall, by written       595          

authorization, instruct the board to deduct the premiums agreed    596          

to be paid by the individual to the companies, corporations, or    598          

agencies.                                                                       

      The board may contract for coverage on the basis of part or  601          

all of the cost of the coverage to be paid from appropriate funds  602          

of the school employees retirement system.  The cost paid from     603          

the funds of the system shall be included in the employer's        605          

contribution rate provided by sections 3309.49 and 3309.491 of     606          

the Revised Code.  The board shall not pay or reimburse the cost   607          

for health care under this section or section 3309.375 of the      608          

Revised Code for any ineligible individual.                        609          

      The board may provide for self-insurance of risk or level    611          

of risk as set forth in the contract with the companies,           612          

corporations, or agencies, and may provide through the             613          

self-insurance method specific benefits as authorized by the       614          

rules of the board.                                                615          

      (C)  If the board provides health, medical, hospital, or     617          

surgical benefits through any means other than a health insuring   619          

corporation, it shall offer to each individual eligible for the    622          

benefits the alternative of receiving benefits through enrollment  624          

in a health insuring corporation, if all of the following apply:   626          

      (1)  The health insuring corporation provides health care    629          

services in the geographical area in which the individual lives;   631          

      (2)  The eligible individual was receiving health care       633          

                                                          15     

                                                                 
benefits through a health maintenance organization or a health     634          

insuring corporation before retirement;                            636          

      (3)  The rate and coverage provided by the health insuring   639          

corporation to eligible individuals is comparable to that          641          

currently provided by the board under division (B) of this         642          

section.  If the rate or coverage provided by the health insuring  643          

corporation is not comparable to that currently provided by the    645          

board under division (B) of this section, the board may deduct     646          

the additional cost from the eligible individual's monthly         647          

benefit.                                                                        

      The health insuring corporation shall accept as an enrollee  651          

any eligible individual who requests enrollment.                                

      The board shall permit each eligible individual to change    653          

from one plan to another at least once a year at a time            654          

determined by the board.                                           655          

      (D)  The board shall, beginning the month following receipt  657          

of satisfactory evidence of the payment for coverage, make a       658          

monthly payment to each recipient of service retirement, or a      659          

disability or survivor benefit under the school employees          660          

retirement system who is eligible for insurance coverage under     661          

part B of "The Social Security Amendments of 1965," 79 Stat. 301,  662          

42 U.S.C.A. 1395j, as amended, except that the board shall make    663          

no such payment to any ineligible individual.  The EFFECTIVE ON    664          

THE FIRST DAY OF THE MONTH AFTER THE EFFECTIVE DATE OF THIS        665          

AMENDMENT, THE amount of the payment shall be the lesser of an     667          

amount equal to the basic premium for such coverage, or an amount  668          

equal to the basic premium in effect on January 1, 1988 1992.      669          

      (E)  The board shall establish by rule requirements for the  671          

coordination of any coverage, payment, or benefit provided under   673          

this section or section 3309.375 of the Revised Code with any      675          

similar coverage, payment, or benefit made available to the same   676          

individual by the public employees retirement system, police and   677          

firemen's disability and pension fund, state teachers retirement   678          

system, or state highway patrol retirement system.                 679          

                                                          16     

                                                                 
      (F)  The board shall make all other necessary rules          681          

pursuant to the purpose and intent of this section.                682          

      Section 2.  That existing sections 145.30, 3305.05,          684          

3305.06, 3309.36, 3309.38, 3309.50, and 3309.69 and section        686          

3309.37 of the Revised Code are hereby repealed.                                

      Section 3.  The School Employees Retirement System should    688          

make a one-time payment to each person who is a current recipient  689          

of service retirement or a disability or survivor benefit from     690          

the System and was eligible to receive a monthly payment pursuant  691          

to division (D) of section 3309.69 of the Revised Code for         692          

insurance coverage under Part B of "The Social Security                         

Amendments of 1965," 79 Stat. 301, 42 U.S.C.A. 1935j, as amended,  693          

at any time during the period commencing January 1, 1992, and      694          

ending on the effective date of this section.  The amount of the   695          

payment to each recipient shall be equal to the sum of the         696          

differences between:                                                            

      (A)  Each monthly payment the recipient was eligible to      698          

receive under division (D) of section 3309.69 of the Revised Code  699          

during the period commencing January 1, 1992, and ending on the    700          

effective date of this section; and                                             

      (B)  The amount of the monthly payment that is authorized    702          

by division (D) of section 3309.69 of the Revised Code as enacted  703          

by this act.