As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 130 5
1997 - 1998 6
SENATORS WATTS-WHITE-SCHAFRATH-BLESSING-GARDNER-LATELL-GILLMOR- 8
ZALESKI-GAETH-LATTA-KEARNS-DiDONATO-DRAKE-DIX 9
11
A B I L L
To amend sections 111.15, 124.11, 141.02, 145.01, 13
145.30, 718.01, 1751.54, 3319.13, 3319.14, 14
3923.381, 3923.382, 4117.01, 4141.01, 4506.02, 15
4911.04, 5101.312, 5903.01, 5903.99, 5911.011,
5911.03, 5911.04, 5911.08, 5913.01, 5913.02, 16
5913.021, 5913.03, 5913.04, 5913.05, 5913.051, 17
5913.06, 5913.07, 5913.08, 5913.09, 5913.10, 18
5913.17, 5919.01, 5919.02, 5919.04, 5919.071, 19
5919.09, 5919.12, 5919.13, 5919.14, 5919.15, 20
5919.16, 5919.17, 5919.22, 5919.25, 5919.28, 21
5919.29, 5919.30, 5919.32, 5919.33, 5920.10, 22
5921.09, 5923.01, 5923.02, 5923.03, 5923.05, 23
5923.09, 5923.10, 5923.21, 5923.28, and 5924.15, 25
to enact new sections 124.29 and 5903.02 and 27
section 5919.35, and to repeal sections 124.28,
124.29, 5903.02, 5903.03, 5903.04, 5903.05, 29
5903.09, 5913.013, 5913.11, 5917.01, 5917.02,
5917.03, 5917.04, 5917.05, 5917.06, 5917.99, 30
5919.20, 5923.051, and 5923.35 of the Revised 31
Code to exempt more clearly Reserve and Ohio 32
National Guard pay and allowances from municipal 34
taxation; to give statutory effect to the federal 35
exemption for military vehicles from the state 36
Commercial Driver's License Law; to conform more 37
closely to federal regulations state law 38
governing the Ohio National Guard and the state 40
military; to repeal the state Military Census
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Law; to make other changes in the law governing 42
the Ohio military; and to declare an emergency. 43
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 45
Section 1. That sections 111.15, 124.11, 141.02, 145.01, 47
145.30, 718.01, 1751.54, 3319.13, 3319.14, 3923.381, 3923.382, 48
4117.01, 4141.01, 4506.02, 4911.04, 5101.312, 5903.01, 5903.99, 49
5911.011, 5911.03, 5911.04, 5911.08, 5913.01, 5913.02, 5913.021, 51
5913.03, 5913.04, 5913.05, 5913.051, 5913.06, 5913.07, 5913.08, 52
5913.09, 5913.10, 5913.17, 5919.01, 5919.02, 5919.04, 5919.071, 53
5919.09, 5919.12, 5919.13, 5919.14, 5919.15, 5919.16, 5919.17, 54
5919.22, 5919.25, 5919.28, 5919.29, 5919.30, 5919.32, 5919.33, 55
5920.10, 5921.09, 5923.01, 5923.02, 5923.03, 5923.05, 5923.09, 56
5923.10, 5923.21, 5923.28, and 5924.15 be amended and that new 58
sections 124.29 and 5903.02 and section 5919.35 of the Revised 59
Code be enacted to read as follows: 60
Sec. 111.15. (A) As used in this section: 69
(1) "Rule" includes any rule, regulation, bylaw, or 71
standard having a general and uniform operation adopted by an 72
agency under the authority of the laws governing the agency; any 73
appendix to a rule; and any internal management rule. "Rule" 74
does not include any guideline adopted pursuant to section 75
3301.0714 of the Revised Code, any order respecting the duties of 76
employees, any finding, any determination of a question of law or 77
fact in a matter presented to an agency, or any rule promulgated 78
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) 79
of section 5117.02, or section 5703.14 of the Revised Code. 80
"Rule" includes any amendment or rescission of a rule. 81
(2) "Agency" means any governmental entity of the state 83
and includes, but is not limited to, any board, department, 84
division, commission, bureau, society, council, institution, 85
state college or university, community college district, 86
technical college district, or state community college. "Agency" 87
does not include the general assembly, THE ADJUTANT GENERAL'S 88
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DEPARTMENT, or any court. 89
(3) "Internal management rule" means any rule, regulation, 91
bylaw, or standard governing the day-to-day staff procedures and 92
operations within an agency. 93
(4) "Substantive revision" has the same meaning as in 95
division (J) of section 119.01 of the Revised Code. 96
(B)(1) Any rule, other than a rule of an emergency nature, 98
adopted by any agency pursuant to this section shall be effective 99
on the tenth day after the day on which the rule in final form 100
and in compliance with division (B)(3) of this section is filed 101
as follows: 102
(a) Two certified copies of the rule shall be filed with 104
both the secretary of state and the director of the legislative 105
service commission; 106
(b) Two certified copies of the rule shall be filed with 108
the joint committee on agency rule review. Division (B)(1)(b) of 109
this section does not apply to any rule to which division (D) of 110
this section does not apply. 111
An agency that adopts or amends a rule that is subject to 113
division (D) of this section shall assign a review date to the 115
rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date 116
assigned to a rule exceeds the five-year maximum, the review date 117
for the rule is five years after its effective date. A rule with 118
a review date is subject to review under section 119.032 of the 119
Revised Code. This paragraph does not apply to a rule of a state 121
college or university, community college district, technical
college district, or state community college. 122
If all copies are not filed on the same day, the rule shall 124
be effective on the tenth day after the day on which the latest 125
filing is made. If an agency in adopting a rule designates an 126
effective date that is later than the effective date provided for 127
by division (B)(1) of this section, the rule if filed as required 128
by such division shall become effective on the later date 129
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designated by the agency. 130
Any rule that is required to be filed under division (B)(1) 132
of this section is also subject to division (D) of this section 133
if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), 135
or (8) of this section.
(2) A rule of an emergency nature necessary for the 137
immediate preservation of the public peace, health, or safety 138
shall state the reasons for the necessity. Copies of the 139
emergency rule, in final form and in compliance with division 140
(B)(3) of this section, shall be filed as follows: two certified 141
copies of the emergency rule shall be filed with both the 142
secretary of state and the director of the legislative service 143
commission, and one certified copy of the emergency rule shall be 144
filed with the joint committee on agency rule review. The 145
emergency rule is effective immediately upon the latest filing, 146
except that if the agency in adopting the emergency rule 147
designates an effective date, or date and time of day, that is 148
later than the effective date and time provided for by division 149
(B)(2) of this section, the emergency rule if filed as required 150
by such division shall become effective at the later date, or 151
later date and time of day, designated by the agency. 152
An emergency rule becomes invalid at the end of the 154
ninetieth day it is in effect. Prior to that date, the agency 155
may file the emergency rule as a nonemergency rule in compliance 156
with division (B)(1) of this section. The agency may not refile 157
the emergency rule in compliance with division (B)(2) of this 158
section so that, upon the emergency rule becoming invalid under 159
such division, the emergency rule will continue in effect without 160
interruption for another ninety-day period. 161
(3) An agency shall file a rule under division (B)(1) or 163
(2) of this section in compliance with the following standards 164
and procedures: 165
(a) The rule shall be numbered in accordance with the 167
numbering system devised by the director for the Ohio 168
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administrative code. 169
(b) The rule shall be prepared and submitted in compliance 171
with the rules of the legislative service commission. 172
(c) The rule shall clearly state the date on which it is 174
to be effective and the date on which it will expire, if known. 175
(d) Each rule that amends or rescinds another rule shall 177
clearly refer to the rule that is amended or rescinded. Each 178
amendment shall fully restate the rule as amended. 179
If the director of the legislative service commission or 181
the director's designee gives an agency written notice pursuant 183
to section 103.05 of the Revised Code that a rule filed by the 184
agency is not in compliance with the rules of the legislative 185
service commission, the agency shall within thirty days after 186
receipt of the notice conform the rule to the rules of the 187
commission as directed in the notice. 188
(C) All rules filed pursuant to divisions (B)(1)(a) and 190
(2) of this section shall be recorded by the secretary of state 191
and the director under the title of the agency adopting the rule 192
and shall be numbered according to the numbering system devised 193
by the director. The secretary of state and the director shall 194
preserve the rules in an accessible manner. Each such rule shall 195
be a public record open to public inspection and may be lent to 196
any law publishing company that wishes to reproduce it. 197
(D) At least sixty days before a board, commission, 199
department, division, or bureau of the government of the state 200
files a rule under division (B)(1) of this section, it shall file 201
two copies of the full text of the proposed rule with the joint 202
committee on agency rule review, and the proposed rule shall be 203
subject to legislative review and invalidation under division (I) 204
of section 119.03 of the Revised Code. If a state board, 205
commission, department, division, or bureau makes a substantive 206
revision in a proposed rule after it is filed with the joint 207
committee, the state board, commission, department, division, or 208
bureau shall promptly file two copies of the full text of the 209
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proposed rule in its revised form with the joint committee. The 210
latest version of a proposed rule as filed with the joint 211
committee supersedes each earlier version of the text of the same 212
proposed rule. Except as provided in division (F) of this 213
section, a state board, commission, department, division, or 214
bureau shall attach one copy of the rule summary and fiscal 215
analysis prepared under section 121.24 or 127.18 of the Revised 216
Code, or both, to each copy of a proposed rule, and to each copy 217
of a proposed rule in revised form, that is filed under this 218
division. 219
This division does not apply to any of the following: 221
(1) A proposed rule of an emergency nature; 223
(2) A rule proposed under section 1121.05, 1121.06, 225
1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 226
4123.411, 4123.44, or 4123.442 of the Revised Code; 228
(3) A rule proposed by an agency other than a board, 230
commission, department, division, or bureau of the government of 231
the state; 232
(4) A proposed internal management rule of a board, 234
commission, department, division, or bureau of the government of 235
the state; 236
(5) A rule proposed by the Ohio student aid commission, 238
that complies with a federal law or rule, so long as the proposed 239
rule contains both of the following: 240
(a) A statement that it is proposed for the purpose of 242
complying with a federal law or rule; 243
(b) A citation to the federal law or rule that requires 245
compliance. 246
(6) Any proposed rule that must be adopted verbatim by an 248
agency pursuant to federal law or rule, to become effective 249
within sixty days of adoption, in order to continue the operation 250
of a federally reimbursed program in this state, so long as the 251
proposed rule contains both of the following: 252
(a) A statement that it is proposed for the purpose of 254
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complying with a federal law or rule; 255
(b) A citation to the federal law or rule that requires 257
verbatim compliance. 258
(7) An initial rule proposed by the director of health to 260
impose safety standards, quality-of-care standards, and 261
quality-of-care data reporting requirements with respect to a 262
health service specified in section 3702.11 of the Revised Code, 263
or an initial rule proposed by the director to impose quality 264
standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised 265
Code requires that the rule be adopted under this section; 266
(8) A rule of the state lottery commission pertaining to 268
instant game rules. 269
(E) Whenever a state board, commission, department, 271
division, or bureau files a proposed rule or a proposed rule in 272
revised form under division (D) of this section, it shall also 273
file one copy of the full text of the same proposed rule or 274
proposed rule in revised form with the secretary of state and two 275
copies thereof with the director of the legislative service 276
commission. Except as provided in division (F) of this section, 277
a state board, commission, department, division, or bureau shall 278
attach a copy of the rule summary and fiscal analysis prepared 279
under section 121.24 or 127.18 of the Revised Code, or both, to 280
each copy of a proposed rule or proposed rule in revised form 281
that is filed with the secretary of state or the director of the 282
legislative service commission. 283
(F) Except as otherwise provided in this division, the 285
auditor of state or the auditor of state's designee is not 286
required to attach a rule summary and fiscal analysis to any copy 288
of a proposed rule, or proposed rule in revised form, that the 289
auditor of state proposes under section 117.12, 117.19, 117.38, 291
or 117.43 of the Revised Code and files under division (D) or (E) 292
of this section. If, however, the auditor of state or the 293
designee prepares a rule summary and fiscal analysis of the 294
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original version of such a proposed rule for purposes of 295
complying with section 121.24 of the Revised Code, the auditor of 296
state or designee shall attach a copy of the rule summary and 297
fiscal analysis to each copy of the original version of the 298
proposed rule filed under division (D) or (E) of this section. 299
Sec. 124.11. The civil service of the state and the 307
several counties, cities, civil service townships, city health 308
districts, general health districts, and city school districts 309
thereof shall be divided into the unclassified service and the 310
classified service. 311
(A) The unclassified service shall comprise the following 313
positions, which shall not be included in the classified service, 314
and which shall be exempt from all examinations required by this 315
chapter: 316
(1) All officers elected by popular vote or persons 318
appointed to fill vacancies in such offices; 319
(2) All election officers as defined in section 3501.01 of 321
the Revised Code; 322
(3) The members of all boards and commissions, and heads 324
of principal departments, boards, and commissions appointed by 325
the governor or by and with the governor's consent; and the 326
members of all boards and commissions and all heads of 327
departments appointed by the mayor, or, if there is no mayor, 328
such other similar chief appointing authority of any city or city 329
school district; except as otherwise provided in division (A)(17) 330
or (C) of this section, this chapter does not exempt the chiefs 331
of police departments and chiefs of fire departments of cities or 332
civil service townships from the competitive classified service; 333
(4) The members of county or district licensing boards or 335
commissions and boards of revision, and deputy county auditors; 336
(5) All officers and employees elected or appointed by 338
either or both branches of the general assembly, and such 339
employees of the city legislative authority as are engaged in 340
legislative duties; 341
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(6) All commissioned, WARRANT, and noncommissioned 343
officers and enlisted persons in the military service of the 345
state OHIO ORGANIZED MILITIA, including military appointees in 346
the office of the adjutant general GENERAL'S DEPARTMENT; 347
(7)(a) All presidents, business managers, administrative 349
officers, superintendents, assistant superintendents, principals, 350
deans, assistant deans, instructors, teachers, and such employees 351
as are engaged in educational or research duties connected with 352
the public school system, colleges, and universities, as 353
determined by the governing body of the public school system, 354
colleges, and universities; 355
(b) The library staff of any library in the state 357
supported wholly or in part at public expense. 358
(8) Four clerical and administrative support employees for 360
each of the elective state officers; and three clerical and 361
administrative support employees for other elective officers and 362
each of the principal appointive executive officers, boards, or 363
commissions, except for civil service commissions, that are 364
authorized to appoint such clerical and administrative support 365
employees; 366
(9) The deputies and assistants of state agencies 368
authorized to act for and on behalf of the agency, or holding a 369
fiduciary or administrative relation to that agency and those 370
persons employed by and directly responsible to elected county 371
officials or a county administrator and holding a fiduciary or 372
administrative relationship to such elected county officials or 373
county administrator, and the employees of such county officials 374
whose fitness would be impracticable to determine by competitive 376
examination, provided that division (A)(9) of this section shall 377
not affect those persons in county employment in the classified 378
service as of September 19, 1961. Nothing in division (A)(9) of 379
this section applies to any position in a county department of 380
human services created pursuant to sections 329.01 to 329.10 of 381
the Revised Code. 382
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(10) Bailiffs, constables, official stenographers, and 384
commissioners of courts of record, deputies of clerks of the 385
courts of common pleas who supervise, or who handle public moneys 386
or secured documents, and such officers and employees of courts 387
of record and such deputies of clerks of the courts of common 388
pleas as the director of administrative services finds it 389
impracticable to determine their fitness by competitive 390
examination; 391
(11) Assistants to the attorney general, special counsel 393
appointed or employed by the attorney general, assistants to 394
county prosecuting attorneys, and assistants to city directors of 395
law; 396
(12) Such teachers and employees in the agricultural 398
experiment stations; such students in normal schools, colleges, 399
and universities of the state who are employed by the state or a 400
political subdivision of the state in student or intern 401
classifications; and such unskilled labor positions as the 402
director of administrative services or any municipal civil 403
service commission may find it impracticable to include in the 404
competitive classified service; provided such exemptions shall be 405
by order of the commission or the director, duly entered on the 406
record of the commission or the director with the reasons for 407
each such exemption; 408
(13) Any physician or dentist who is a full-time employee 410
of the department of mental health or the department of mental 411
retardation and developmental disabilities or of an institution 412
under the jurisdiction of either department; and physicians who 413
are in residency programs at the institutions; 414
(14) Up to twenty positions at each institution under the 416
jurisdiction of the department of mental health or the department 417
of mental retardation and developmental disabilities that the 418
department director determines to be primarily administrative or 419
managerial; and up to fifteen positions in any division of either 420
department, excluding administrative assistants to the director 421
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and division chiefs, which are within the immediate staff of a 422
division chief and which the director determines to be primarily 423
and distinctively administrative and managerial; 424
(15) Noncitizens of the United States employed by the 426
state, or its counties or cities, as physicians or nurses who are 427
duly licensed to practice their respective professions under the 428
laws of Ohio, or medical assistants, in mental, tuberculosis, or 429
chronic disease hospitals, or institutions; 430
(16) Employees of the governor's office; 432
(17) Fire chiefs and chiefs of police in civil service 434
townships appointed by boards of township trustees under section 435
505.38 or 505.49 of the Revised Code; 436
(18) Executive directors, deputy directors, and program 438
directors employed by boards of alcohol, drug addiction, and 439
mental health services under Chapter 340. of the Revised Code, 440
and secretaries of the executive directors, deputy directors, and 441
program directors; 442
(19) Superintendents, and management employees as defined 444
in section 5126.20 of the Revised Code, of county boards of 445
mental retardation and developmental disabilities; 446
(20) Physicians, nurses, and other employees of a county 448
hospital who are appointed pursuant to sections 339.03 and 339.06 449
of the Revised Code; 450
(21) The executive director of the state medical board, 452
who is appointed pursuant to division (B) of section 4731.05 of 453
the Revised Code; 454
(22) County directors of human services as provided in 456
section 329.02 of the Revised Code and administrators appointed 457
under section 329.021 of the Revised Code; 458
(23) A director of economic development who is hired 460
pursuant to division (A) of section 307.07 of the Revised Code; 461
(24) Chiefs of construction and compliance, of operations 463
and maintenance, and of licensing and certification in the 464
division of industrial compliance in the department of commerce; 465
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(25) The executive director of a county transit system 467
appointed under division (A) of section 306.04 of the Revised 468
Code;
(26) Up to five positions at each of the administrative 470
departments listed in section 121.02 of the Revised Code and at 471
the department of taxation, department of the adjutant general, 472
department of education, Ohio board of regents, bureau of 473
employment services, bureau of workers' compensation, industrial 474
commission, state lottery commission, and public utilities 475
commission of Ohio that the head of that administrative 476
department or of that other state agency determines to be
involved in policy development and implementation. The head of 477
the administrative department or other state agency shall set the 478
compensation for employees in these positions at a rate that is 479
not less than the minimum compensation specified in pay range 41 480
but not more than the maximum compensation specified in pay range 481
44 of salary schedule E-2 in section 124.152 of the Revised Code. 482
The authority to establish positions in the unclassified service 483
under division (A)(26) of this section is in addition to and does 484
not limit any other authority that an administrative department 485
or state agency has under the Revised Code to establish 486
positions, appoint employees, or set compensation. 487
(27) Employees of the department of agriculture employed 489
under section 901.09 of the Revised Code; 490
(28) For cities, counties, civil service townships, city 492
health districts, general health districts, and city school 494
districts, the deputies and assistants of elective or principal 495
executive officers authorized to act for and in the place of 496
their principals or holding a fiduciary relation to their
principals.
(B) The classified service shall comprise all persons in 498
the employ of the state and the several counties, cities, city 499
health districts, general health districts, and city school 500
districts thereof, not specifically included in the unclassified 501
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service. Upon the creation by the board of trustees of a civil 502
service township civil service commission, the classified service 503
shall also comprise, except as otherwise provided in division 504
(A)(17) or (C) of this section, all persons in the employ of 505
civil service township police or fire departments having ten or 506
more full-time paid employees. The classified service consists 507
of two classes, which shall be designated as the competitive 508
class and the unskilled labor class. 509
(1) The competitive class shall include all positions and 511
employments in the state and the counties, cities, city health 512
districts, general health districts, and city school districts 513
thereof, and upon the creation by the board of trustees of a 514
civil service township of a township civil service commission all 515
positions in civil service township police or fire departments 516
having ten or more full-time paid employees, for which it is 517
practicable to determine the merit and fitness of applicants by 518
competitive examinations. Appointments shall be made to, or 519
employment shall be given in, all positions in the competitive 520
class that are not filled by promotion, reinstatement, transfer, 521
or reduction, as provided in this chapter, and the rules of the 522
director of administrative services, by appointment from those 523
certified to the appointing officer in accordance with this 524
chapter. 525
(2) The unskilled labor class shall include ordinary 527
unskilled laborers. Vacancies in the labor class shall be filled 528
by appointment from lists of applicants registered by the 529
director. The director or the commission shall, by rule, SHALL 530
require an applicant for registration in the labor class to 532
furnish such evidence or take such tests as the director 533
considers proper with respect to age, residence, physical 534
condition, ability to labor, honesty, sobriety, industry, 535
capacity, and experience in the work or employment for which he 536
THE APPLICANT applies. Laborers who fulfill the requirements 537
shall be placed on the eligible list for the kind of labor or 538
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employment sought, and preference shall be given in employment in 539
accordance with the rating received from such evidence or in such 540
tests. Upon the request of an appointing officer, stating the 541
kind of labor needed, the pay and probable length of employment, 542
and the number to be employed, the director shall certify from 543
the highest on the list double the number to be employed; from 544
this number the appointing officer shall appoint the number 545
actually needed for the particular work. If more than one 546
applicant receives the same rating, priority in time of 547
application shall determine the order in which their names shall 548
be certified for appointment.
(C) A municipal or civil service township civil service 550
commission may place volunteer fire fighters FIREFIGHTERS who are 552
paid on a fee-for-service basis in either the classified or the 553
unclassified civil service. 554
Sec. 124.29. ANY PERSON WHO, AT THE TIME OF HOLDING AN 556
OFFICE OR POSITION IN THE PUBLIC SERVICE, ENTERS THE UNIFORMED 557
SERVICES, AS DEFINED IN SECTION 5903.01 OF THE REVISED CODE, IS 558
ENTITLED TO REINSTATEMENT IN ACCORDANCE WITH THE "UNIFORMED 559
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994," 108 561
STAT. 3149, 38 U.S.C.A. 4301 TO 4333. 562
THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL ADOPT RULES 564
IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 566
IMPLEMENTATION OF THIS SECTION.
Sec. 141.02. (A) The SALARIES OF THE adjutant general, 575
the assistant adjutant general FOR ARMY, the assistant adjutant 578
general for air, and the assistant quartermaster general shall BE 580
PAID ACCORDING TO DIVISIONS (B) AND (H) OF SECTION 124.15 OF THE 582
REVISED CODE. 584
(B) THE ADJUTANT GENERAL, THE ASSISTANT ADJUTANT GENERAL 587
FOR ARMY, THE ASSISTANT ADJUTANT GENERAL FOR AIR, AND THE 588
ASSISTANT QUARTERMASTER GENERAL SHALL receive the pay and BASIC 590
allowances FOR QUARTERS AND FOR SUBSISTENCE of their rank 591
according to the pay at the time prescribed for the armed forces 592
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of the United States, except that the assistant adjutant general 593
for air shall not receive flying pay.
These salaries shall be paid according to the schedule 596
established in division (B) of section 124.15 of the Revised 597
Code.
Sec. 145.01. As used in this chapter: 606
(A) "Public employee" means: 608
(1) Any person holding an office, not elective, under the 610
state or any county, township, municipal corporation, park 611
district, conservancy district, sanitary district, health 612
district, metropolitan housing authority, state retirement board, 613
Ohio historical society, public library, county law library, 614
union cemetery, joint hospital, institutional commissary, state 615
university, or board, bureau, commission, council, committee, 616
authority, or administrative body as the same are, or have been, 617
created by action of the general assembly or by the legislative 618
authority of any of the units of local government named in this 619
division, or employed and paid in whole or in part by the state 620
or any of the authorities named in this division in any capacity 621
not covered by section 742.01, 3307.01, 3309.01, or 5505.01 of 622
the Revised Code. 623
(2) A person who is a member of the public employees 625
retirement system who continues to perform the same or similar 626
duties under the direction of a contractor who has contracted to 627
take over what before the date of the contract was a publicly 628
operated function. The governmental unit with which the contract 629
has been made shall be deemed the employer for the purposes of 630
administering this chapter. 631
(3) Any person who is an employee of a public employer, 633
notwithstanding that the person's compensation for that 634
employment is derived from funds of a person or entity other than 635
the employer. Credit for such service shall be included as total 636
service credit, provided that the employee makes the payments 637
required by this chapter, and the employer makes the payments 638
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required by sections 145.48 and 145.51 of the Revised Code. 639
(4) Any civilian employees of the national guard and the 641
air national guard employed in or with a unit of the Ohio 642
national guard or the Ohio air national guard, except those 643
employed by the national guard bureau, shall be considered 644
employees of the adjutant general of the state for the purpose of 645
this chapter, although the employees may be paid by federal 646
funds. 647
In all cases of doubt, the public employees retirement 649
board shall determine whether any person is a public employee, 650
and its decision is final. 651
(B) "Member" means any public employee, other than a 653
public employee excluded or exempted from membership in the 654
retirement system by section 145.03, 145.031, 145.032, 145.033, 655
145.034, 145.035, or 145.38 of the Revised Code. "Member" 656
includes a PERS retirant who becomes a member under division 657
(C)(2) of section 145.38 of the Revised Code. "Member" also 658
includes a disability benefit recipient. 659
(C) "Head of the department" means the elective or 661
appointive head of the several executive, judicial, and 662
administrative departments, institutions, boards, and commissions 663
of the state and local government as the same are created and 664
defined by the laws of this state or, in case of a charter 665
government, by that charter. 666
(D) "Employer" or "public employer" means the state or any 668
county, township, municipal corporation, park district, 669
conservancy district, sanitary district, health district, 670
metropolitan housing authority, state retirement board, Ohio 671
historical society, public library, county law library, union 672
cemetery, joint hospital, institutional commissary, state medical 673
college, state university, or board, bureau, commission, council, 674
committee, authority, or administrative body as the same are, or 675
have been, created by action of the general assembly or by the 676
legislative authority of any of the units of local government 677
17
named in this division not covered by section 3307.01 or 3309.01 678
of the Revised Code. In addition, "employer" means the employer 679
of any public employee. 680
(E) "Prior service" means all service as a public employee 682
rendered before January 1, 1935, and all service as an employee 683
of any employer who comes within the state teachers retirement 684
system or of the school employees retirement system or of any 685
other retirement system established under the laws of this state 686
rendered prior to January 1, 1935, provided that if the employee 687
claiming the service was employed in any capacity covered by that 690
other system after that other system was established, credit for 691
the service may be allowed by the public employees retirement 692
system only when the employee has made payment, to be computed on 693
the salary earned from the date of appointment to the date 694
membership was established in the public employees retirement 695
system, at the rate in effect at the time of payment, and the 696
employer has made payment of the corresponding full liability as 697
provided by section 145.44 of the Revised Code. "Prior service" 698
also means all service credited for active duty with the armed 699
forces of the United States as provided in section 145.30 of the 700
Revised Code.
If an employee who has been granted prior service credit by 702
the public employees retirement system for service rendered prior 703
to January 1, 1935, as an employee of a board of education 704
establishes, before retirement, one year or more of contributing 705
service in the state teachers retirement system or school 706
employees retirement system, then the prior service ceases to be 708
the liability of this system. 709
If the board determines that a position of any member in 711
any calendar year prior to January 1, 1935, was a part-time 712
position, the board shall determine what fractional part of a 713
year's credit shall be allowed by the following formula: 714
(1) When the member has been either elected or appointed 716
to an office the term of which was two or more years and for 717
18
which an annual salary is established, the fractional part of the 718
year's credit shall be computed as follows: 719
First, when the member's annual salary is one thousand 721
dollars or less, the service credit for each such calendar year 722
shall be forty per cent of a year. 723
Second, for each full one hundred dollars of annual salary 725
above one thousand dollars, the member's service credit for each 726
such calendar year shall be increased by two and one-half per 727
cent. 728
(2) When the member is paid on a per diem basis, the 730
service credit for any single year of the service shall be 731
determined by using the number of days of service for which the 733
compensation was received in any such year as a numerator and 734
using two hundred fifty days as a denominator. 735
(3) When the member is paid on an hourly basis, the 737
service credit for any single year of the service shall be 738
determined by using the number of hours of service for which the 740
compensation was received in any such year as a numerator and 742
using two thousand hours as a denominator. 743
(F) "Contributor" means any person who has an account in 745
the employees' savings fund created by section 145.23 of the 746
Revised Code. 747
(G) "Beneficiary" or "beneficiaries" means the estate or a 749
person or persons who, as the result of the death of a member, 750
contributor, or retirant, qualify for or are receiving some right 751
or benefit under this chapter. 752
(H)(1) "Total service credit," except as provided in 754
section 145.37 of the Revised Code, means all service credited to 755
a member of the retirement system since last becoming a member, 756
including restored service credit as provided by section 145.31 757
of the Revised Code; credit purchased under sections 145.293 and 758
145.299 of the Revised Code; all the member's prior service 759
credit; all the member's military service credit computed as 760
provided in this chapter; all service credit established pursuant 761
19
to section 145.297 of the Revised Code; and any other service 763
credited under this chapter. In addition, "total service credit" 764
includes any period, not in excess of three years, during which a 765
member was out of service and receiving benefits under Chapters 766
4121. and 4123. of the Revised Code. For the exclusive purpose 767
of satisfying the service credit requirement and of determining 768
eligibility for benefits under sections 145.32, 145.33, 145.331, 769
145.35, 145.36, and 145.361 of the Revised Code, "five or more 770
years of total service credit" means sixty or more calendar 771
months of contributing service in this system. 772
(2) "One and one-half years of contributing service 774
credit," as used in division (B) of section 145.45 of the Revised 775
Code, also means eighteen or more calendar months of employment 776
by a municipal corporation that formerly operated its own 777
retirement plan for its employees or a part of its employees, 778
provided that all employees of that municipal retirement plan who 779
have eighteen or more months of such employment, upon 780
establishing membership in the public employees retirement 781
system, shall make a payment of the contributions they would have 782
paid had they been members of this system for the eighteen months 783
of employment preceding the date membership was established. 784
When that payment has been made by all such employee-members, a 785
corresponding payment shall be paid into the employers' 786
accumulation fund by that municipal corporation as the employer 787
of the employees. 788
(3) Where a member also is a member of the state teachers 790
retirement system or the school employees retirement system, or 791
both, except in cases of retirement on a combined basis pursuant 792
to section 145.37 of the Revised Code, service credit for any 793
period shall be credited on the basis of the ratio that 794
contributions to THE public employees retirement system bears to 795
total contributions in all state retirement systems. 797
(4) Not more than one year of credit may be given for any 799
period of twelve months. 800
20
(5) "Ohio service credit" means credit for service that 802
was rendered to the state or any of its political subdivisions or 803
any employer as defined in division (D) of this section. 804
(I) "Regular or current interest" means interest at any 806
rates for the respective funds and accounts as the public 807
employees retirement board may determine from time to time, 808
except as follows: 809
(1) Subsequent to December 31, 1958, the retirement board 811
shall discontinue the annual crediting of current interest to the 812
individual accounts of contributors. The noncrediting of current 813
interest shall not affect the rate of interest at retirement 814
guaranteed under this division. 815
(2) The rate of interest credited on a contributor's 817
contributions at retirement shall be four per cent per annum, 818
compounded annually, to and including December 31, 1955; three 819
per cent per annum, compounded annually, from January 1, 1956, to 820
and including December 31, 1963; three and one-quarter per cent 821
per annum, compounded annually, from January 1, 1964, to and 822
including December 31, 1969; and thereafter four per cent per 824
annum, compounded annually.
In determining the reserve value for the purpose of 826
computing the amount of the contributor's annuity, the rate of 827
interest used in the annuity values shall be four per cent per 828
annum, compounded annually, for contributors retiring before 829
October 1, 1956, and after December 31, 1969; three per cent per 830
annum, compounded annually, for contributors retiring between 832
October 1, 1956, and December 31, 1963; and three and one-quarter 833
per cent per annum, compounded annually, for contributors 834
retiring from January 1, 1964, to December 31, 1969. Interest on 835
contributions from contributors within any one calendar year 836
shall begin on the first day of the calendar year next following 837
and shall be computed at the end of each calendar year, except in 838
the case of a contributor who retires before the end of the year. 839
(J) "Accumulated contributions" means the sum of all 841
21
amounts credited to a contributor's individual account in the 842
employees' savings fund together with any current interest 843
thereon, but does not include the interest adjustment at 844
retirement. 845
(K)(1) "Final average salary" means the quotient obtained 847
by dividing by three the sum of the three full calendar years of 848
contributing service in which the member's earnable salary was 849
highest, except that if the member has a partial year of 850
contributing service in the year the member's employment 851
terminates and the member's earnable salary for the partial year 853
is higher than for any comparable period in the three years, the 854
member's earnable salary for the partial year shall be 856
substituted for the member's earnable salary for the comparable 857
period during the three years in which the member's earnable 860
salary was lowest.
(2) If a member has less than three years of contributing 862
service, the member's final average salary shall be the member's 864
total earnable salary divided by the total number of years, 865
including any fraction of a year, of the member's contributing 867
service.
(3) For the purpose of calculating benefits payable to a 869
member qualifying for service credit under division (Z) of this 870
section, "final average salary" means the total earnable salary 871
on which contributions were made divided by the total number of 872
years during which contributions were made, including any 873
fraction of a year. If contributions were made for less than 874
twelve months, "final average salary" means the member's total 875
earnable salary. 876
(L) "Annuity" means payments for life derived from 878
contributions made by a contributor and paid from the annuity and 879
pension reserve fund as provided in this chapter. All annuities 880
shall be paid in twelve equal monthly installments. 881
(M) "Annuity reserve" means the present value, computed 883
upon the basis of the mortality and other tables adopted by the 885
22
board, of all payments to be made on account of any annuity, or 886
benefit in lieu of any annuity, granted to a retirant as provided 887
in this chapter.
(N)(1) "Disability retirement" means retirement as 889
provided in section 145.36 of the Revised Code. 890
(2) "Disability allowance" means an allowance paid on 892
account of disability under section 145.361 of the Revised Code. 893
(3) "Disability benefit" means a benefit paid as 895
disability retirement under section 145.36 of the Revised Code, 896
as a disability allowance under section 145.361 of the Revised 897
Code, or as a disability benefit under section 145.37 of the 898
Revised Code. 899
(4) "Disability benefit recipient" means a member who is 901
receiving a disability benefit. 902
(O) "Age and service retirement" means retirement as 904
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 905
145.46 of the Revised Code. 906
(P) "Pensions" means annual payments for life derived from 908
contributions made by the employer that at the time of retirement 909
are credited into the annuity and pension reserve fund from the 910
employers' accumulation fund and paid from the annuity and 911
pension reserve fund as provided in this chapter. All pensions 912
shall be paid in twelve equal monthly installments. 913
(Q) "Retirement allowance" means the pension plus that 915
portion of the benefit derived from contributions made by the 916
member. 917
(R)(1) Except as otherwise provided in this division, 919
"earnable salary" means all salary, wages, and other earnings 920
paid to a contributor by reason of employment in a position 921
covered by the retirement system. The salary, wages, and other 923
earnings shall be determined prior to determination of the amount 924
required to be contributed to the employees' savings fund under 925
section 145.47 of the Revised Code and without regard to whether 926
any of the salary, wages, or other earnings are treated as 927
23
deferred income for federal income tax purposes. "Earnable 928
salary" includes the following: 929
(a) Payments made by the employer in lieu of salary, 931
wages, or other earnings for sick leave, personal leave, or 932
vacation used by the contributor; 933
(b) Payments made by the employer for the conversion of 935
sick leave, personal leave, and vacation leave accrued but not 936
used if the payment is made during the year in which the leave is 937
accrued, except that payments made pursuant to section 124.383 or 938
124.386 of the Revised Code are not earnable salary; 939
(c) Allowances paid by the employer for full maintenance, 941
consisting of housing, laundry, and meals, as certified to the 942
retirement board by the employer or the head of the department 943
that employs the contributor; 944
(d) Fees and commissions paid under section 507.09 of the 946
Revised Code; 947
(e) Payments that are made under a disability leave 949
program sponsored by the employer and for which the employer is 950
required by section 145.296 of the Revised Code to make periodic 951
employer and employee contributions; 952
(f) Amounts included pursuant to divisions (K)(3) and (Y) 954
of this section. 955
(2) "Earnable salary" does not include any of the 957
following: 958
(a) Fees and commissions, other than those paid under 960
section 507.09 of the Revised Code, paid as sole compensation for 961
personal services and fees and commissions for special services 962
over and above services for which the contributor receives a 963
salary; 964
(b) Amounts paid by the employer to provide life 966
insurance, sickness, accident, endowment, health, medical, 967
hospital, dental, or surgical coverage, or other insurance for 968
the contributor or the contributor's family, or amounts paid by 970
the employer to the contributor in lieu of providing the
24
insurance; 971
(c) Incidental benefits, including lodging, food, laundry, 973
parking, or services furnished by the employer, or use of the 974
employer's property or equipment, or amounts paid by the employer 975
to the contributor in lieu of providing the incidental benefits; 977
(d) Reimbursement for job-related expenses authorized by 979
the employer, including moving and travel expenses and expenses 980
related to professional development; 981
(e) Payments for accrued but unused sick leave, personal 983
leave, or vacation that are made at any time other than in the 984
year in which the sick leave, personal leave, or vacation was 985
accrued; 986
(f) Payments made to or on behalf of a contributor that 988
are in excess of the annual compensation that may be taken into 989
account by the retirement system under division (a)(17) of 990
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 991
2085, 26 U.S.C.A. 401(a)(17), as amended; 992
(g) Payments made under division (B) or (D) of section 994
5923.05 of the Revised Code or Section 4 of Substitute Senate 995
Bill No. 3 of the 119th general assembly; 996
(h) Anything of value received by the contributor that is 998
based on or attributable to retirement or an agreement to retire, 999
except that payments made on or before January 1, 1989, that are 1,000
based on or attributable to an agreement to retire shall be 1,001
included in earnable salary if both of the following apply: 1,002
(i) The payments are made in accordance with contract 1,004
provisions that were in effect prior to January 1, 1986; 1,005
(ii) The employer pays the retirement system an amount 1,007
specified by the retirement board equal to the additional 1,008
liability resulting from the payments. 1,009
(3) The retirement board shall determine by rule whether 1,011
any compensation not enumerated in this division is earnable 1,012
salary, and its decision shall be final. 1,013
(S) "Pension reserve" means the present value, computed 1,015
25
upon the basis of the mortality and other tables adopted by the 1,017
board, of all payments to be made on account of any retirement 1,018
allowance or benefit in lieu of any retirement allowance, granted 1,019
to a member or beneficiary under this chapter. 1,020
(T)(1) "Contributing service" means all service credited 1,022
to a member of the system since January 1, 1935, for which 1,023
contributions are made as required by sections 145.47, 145.48, 1,024
and 145.483 of the Revised Code. In any year subsequent to 1934, 1,025
credit for any service shall be allowed by the following formula: 1,026
(a) For each month for which the member's earnable salary 1,028
is two hundred fifty dollars or more, allow one month's credit. 1,029
(b) For each month for which the member's earnable salary 1,031
is less than two hundred fifty dollars, allow a fraction of a 1,032
month's credit. The numerator of this fraction shall be the 1,033
earnable salary during the month, and the denominator shall be 1,034
two hundred fifty dollars, except that if the member's annual 1,036
earnable salary is less than six hundred dollars, the member's 1,037
credit shall not be reduced below twenty per cent of a year for a 1,038
calendar year of employment during which the member worked each 1,040
month. This division shall not reduce any credit earned before
January 1, 1985. 1,041
(2) Notwithstanding division (T)(1) of this section, an 1,043
elected official who prior to January 1, 1980, was granted a full 1,044
year of credit for each year of service as an elected official 1,045
shall be considered to have earned a full year of credit for each 1,046
year of service regardless of whether the service was full-time 1,047
or part-time. The public employees retirement board has no 1,048
authority to reduce the credit. 1,049
(U) "State retirement board" means the public employees 1,051
retirement board, the school employees retirement board, or the 1,052
state teachers retirement board. 1,053
(V) "Retirant" means any former member who retires and is 1,055
receiving a monthly allowance as provided in sections 145.32, 1,056
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 1,057
26
(W) "Employer contribution" means the amount paid by an 1,059
employer as determined by the employer rate including the normal 1,060
and deficiency contribution rates. 1,061
(X) "Public service terminates" means the last day for 1,063
which a public employee is compensated for services performed for 1,064
an employer or the date of the employee's death, whichever occurs 1,065
first. 1,066
(Y) When a member has been elected or appointed to an 1,068
office, the term of which is two or more years, for which an 1,069
annual salary is established, and in the event that the salary of 1,070
the office is increased and the member is denied the additional 1,071
salary by reason of any constitutional provision prohibiting an 1,072
increase in salary during a term of office, the member may elect 1,074
to have the amount of the member's contributions calculated upon 1,075
the basis of the increased salary for the office. At the 1,076
member's request, the board shall compute the total additional 1,077
amount the member would have contributed, or the amount by which 1,078
each of the member's contributions would have increased, had the 1,079
member received the increased salary for the office the member 1,080
holds. If the member elects to have the amount by which the 1,081
member's contribution would have increased withheld from the 1,083
member's salary, the member shall notify the employer, and the
employer shall make the withholding and transmit it to the 1,085
retirement system. A member who has not elected to have that 1,086
amount withheld may elect at any time to make a payment to the 1,087
retirement system equal to the additional amount the member's 1,088
contribution would have increased, plus interest on that 1,090
contribution, compounded annually at a rate established by the 1,091
board and computed from the date on which the last contribution 1,092
would have been withheld from the member's salary to the date of 1,093
payment. A member may make a payment for part of the period for 1,094
which the increased contribution was not withheld, in which case 1,095
the interest shall be computed from the date the last 1,096
contribution would have been withheld for the period for which 1,097
27
the payment is made. Upon the payment of the increased 1,098
contributions as provided in this division, the increased annual 1,099
salary as provided by law for the office for the period for which 1,100
the member paid increased contributions thereon shall be used in 1,101
determining the member's earnable salary for the purpose of 1,102
computing the member's "final average salary."
(Z) "Five years of service credit," for the exclusive 1,104
purpose of satisfying the service credit requirements and of 1,105
determining eligibility for benefits under section 145.33 of the 1,106
Revised Code, means employment covered under this chapter or 1,107
under a former retirement plan operated, recognized, or endorsed 1,108
by the employer prior to coverage under this chapter, or under a 1,109
combination of the coverage. 1,110
(AA) "Deputy sheriff" means any person who is commissioned 1,112
and employed as a full-time peace officer by the sheriff of any 1,113
county, and has been so employed since on or before December 31, 1,114
1965, and whose primary duties are to preserve the peace, to 1,115
protect life and property, and to enforce the laws of this state; 1,116
any person who is or has been commissioned and employed as a 1,117
peace officer by the sheriff of any county since January 1, 1966, 1,118
and who has received a certificate attesting to the person's 1,119
satisfactory completion of the peace officer training school as 1,120
required by section 109.77 of the Revised Code and whose primary 1,121
duties are to preserve the peace, protect life and property, and 1,122
enforce the laws of this state; or any person deputized by the 1,123
sheriff of any county and employed pursuant to section 2301.12 of 1,124
the Revised Code as a criminal bailiff or court constable who has 1,125
received a certificate attesting to the person's satisfactory 1,126
completion of the peace officer training school as required by 1,127
section 109.77 of the Revised Code and whose primary duties are 1,128
to preserve the peace, protect life and property, and enforce the 1,130
laws of this state.
(BB) "Township constable or police officer in a township 1,132
police department or district" means any person who is 1,133
28
commissioned and employed as a full-time peace officer pursuant 1,134
to Chapter 505. or 509. of the Revised Code, who has received a 1,135
certificate attesting to the person's satisfactory completion of 1,136
the peace officer training school as required by section 109.77 1,137
of the Revised Code, and whose primary duties are to preserve the 1,138
peace, protect life and property, and enforce the laws of this 1,139
state. 1,140
(CC) "Drug agent" means any person who is either of the 1,142
following: 1,143
(1) Employed full-time as a narcotics agent by a county 1,145
narcotics agency created pursuant to section 307.15 of the 1,146
Revised Code and has received a certificate attesting to the 1,148
satisfactory completion of the peace officer training school as
required by section 109.77 of the Revised Code; 1,149
(2) Employed full-time as an undercover drug agent as 1,151
defined in section 109.79 of the Revised Code and is in 1,152
compliance with section 109.77 of the Revised Code. 1,153
(DD) "Liquor control investigator" means a full-time 1,155
employee of the department of public safety who is engaged in the 1,156
enforcement of Chapters 4301. and 4303. of the Revised Code and 1,157
is in compliance with section 109.77 of the Revised Code. 1,158
(EE) "Park officer" means a full-time employee of the 1,160
department of natural resources who is designated a park officer 1,161
under section 1541.10 of the Revised Code and is in compliance 1,162
with section 109.77 of the Revised Code. 1,163
(FF) "Forest officer" means a full-time employee of the 1,165
department of natural resources who is designated a forest 1,166
officer under section 1503.29 of the Revised Code and is in 1,167
compliance with section 109.77 of the Revised Code. 1,168
(GG) "Wildlife officer" means a full-time employee of the 1,170
department of natural resources who is designated a wildlife 1,171
officer under section 1531.13 of the Revised Code and is in 1,172
compliance with section 109.77 of the Revised Code. 1,173
(HH) "State watercraft officer" means a full-time employee 1,175
29
of the department of natural resources who is designated a state 1,176
watercraft officer under section 1547.521 of the Revised Code and 1,177
is in compliance with section 109.77 of the Revised Code. 1,178
(II) "Park district police officer" means a full-time 1,180
employee of a park district who is designated pursuant to section 1,181
511.232 or 1545.13 of the Revised Code and is in compliance with 1,182
section 109.77 of the Revised Code. 1,183
(JJ) "Conservancy district officer" means a full-time 1,185
employee of a conservancy district who is designated pursuant to 1,186
section 6101.75 of the Revised Code and is in compliance with 1,187
section 109.77 of the Revised Code. 1,188
(KK) "Municipal police officer" means a member of the 1,190
organized police department of a municipal corporation who is 1,191
employed full-time, is in compliance with section 109.77 of the 1,192
Revised Code, and is not a member of the police and firemen's 1,193
disability and pension fund. 1,194
(LL) "Ohio veterans' home police officer" means any person 1,197
who is employed at the Ohio veterans' home as a police officer 1,198
pursuant to section 5907.02 of the Revised Code and is in 1,199
compliance with section 109.77 of the Revised Code.
(MM) "Special police officer for a mental health 1,201
institution" means any person who is designated as such pursuant 1,202
to section 5119.14 of the Revised Code and is in compliance with 1,203
section 109.77 of the Revised Code. 1,204
(NN) "Special police officer for an institution for the 1,207
mentally retarded and developmentally disabled" means any person
who is designated as such pursuant to section 5123.13 of the 1,208
Revised Code and is in compliance with section 109.77 of the 1,209
Revised Code.
(OO) "State university law enforcement officer" means any 1,211
person who is employed full-time as a state university law 1,212
enforcement officer pursuant to section 3345.04 of the Revised 1,213
Code and who is in compliance with section 109.77 of the Revised 1,214
Code.
30
(PP) "Hamilton county municipal court bailiff" means a 1,216
person appointed by the clerk of courts of the Hamilton county 1,218
municipal court under division (A)(3) of section 1901.32 of the 1,219
Revised Code who is employed full-time as a bailiff or deputy 1,220
bailiff, who has received a certificate attesting to the person's 1,221
satisfactory completion of the peace officer training school as 1,222
required by division (C) of section 109.77 of the Revised Code, 1,223
and whose primary duties are to preserve the peace, to protect 1,224
life and property, and to enforce the laws of this state. 1,225
(QQ) Notwithstanding section 2901.01 of the Revised Code, 1,227
"law enforcement officer" means a sheriff, deputy sheriff, 1,228
township constable or police officer in a township police 1,229
department or district, drug agent, liquor control investigator, 1,230
park officer, forest officer, wildlife officer, state watercraft 1,231
officer, park district police officer, conservancy district 1,232
officer, Ohio veterans' home police officer, special police 1,234
officer for a mental health institution, special police officer 1,235
for an institution for the mentally retarded and developmentally 1,236
disabled, state university law enforcement officer, Hamilton 1,237
county municipal court bailiff, or municipal police officer. 1,238
(RR) "Fiduciary" means a person who does any of the 1,240
following: 1,241
(1) Exercises any discretionary authority or control with 1,243
respect to the management of the system or with respect to the 1,244
management or disposition of its assets; 1,245
(2) Renders investment advice for a fee, direct or 1,247
indirect, with respect to money or property of the system; 1,248
(3) Has any discretionary authority or responsibility in 1,250
the administration of the system. 1,251
(SS) "Actuary" means an individual who satisfies all of 1,253
the following requirements: 1,255
(1) Is a member of the American academy of actuaries; 1,258
(2) Is an associate or fellow of the society of actuaries; 1,260
(3) Has a minimum of five years' experience in providing 1,262
31
actuarial services to public retirement plans. 1,263
Sec. 145.30. (A) As used in this section and section 1,272
145.301 of the Revised Code: 1,273
(1) "Armed forces" of the United States includes the 1,275
following:
(a) Army, navy, air force, marine corps, coast guard, 1,277
auxiliary corps as established by congress, red cross nurse 1,278
serving with the army, navy, air force, or hospital service of 1,279
the United States, army nurse corps, navy nurse corps, full-time 1,280
service with the American red cross in a combat zone, and such 1,281
other service as may be designated by congress as included 1,282
therein; 1,283
(b) Personnel of the Ohio national guard, the Ohio 1,285
military reserve, the Ohio naval militia, and the reserve 1,286
components of any of the armed forces enumerated in division 1,287
(A)(1) of this section who are called to active duty pursuant to 1,288
an executive order issued by the president of the United States 1,289
or an act of congress; 1,290
(c) Persons on whom United States merchant marine veteran 1,292
status has been conferred for service aboard oceangoing merchant 1,293
ships in service to the United States during World War II. 1,294
(2) "State retirement system" means any of the following: 1,296
the police and firemen's disability and pension fund, public 1,297
employees retirement system, school employees retirement system, 1,298
state highway patrol retirement system, or the state teachers 1,299
retirement system.
(B) Upon re-employment REEMPLOYMENT in the public service 1,301
and completion of one year of service credit as covered by a 1,303
state retirement system or the Cincinnati retirement system, 1,304
within two years after an honorable discharge SERVICE IN THE 1,306
UNIFORMED SERVICES THAT IS TERMINATED IN A MANNER OTHER THAN AS 1,307
DESCRIBED IN SECTION 4304 OF TITLE 38 OF THE UNITED STATES CODE, 1,309
"UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1,310
1994," 108 STAT. 3149, 38 U.S.C.A. 4304, and presentation of an 1,312
32
honorable discharge or certificate of DOCUMENTATION OF THE 1,313
service and subject to rules adopted by the retirement board, any 1,315
member of the public employees retirement system who was a member 1,316
with not less than one year of payroll deductions before entering 1,317
active duty with the armed forces and maintained membership in 1,318
the public employees retirement system as provided by section 1,319
145.41 of the Revised Code, and who was or is out of active 1,320
service as a public employee by reason of having become a member 1,321
of the armed forces of the United States on active duty or 1,322
service shall have such military service, not in excess of ten 1,323
years, considered as the equivalent of prior service. Military 1,324
UNIFORMED service as established by an honorable discharge or 1,325
certificate DOCUMENTATION of THE service, not in excess of ten 1,326
years, shall also be considered prior service for a person who 1,328
was a public employee and who has acquired service credit for
five years prior to, and within the one year preceding, the date 1,329
of entering on active duty in the armed forces of the United 1,330
States if such person was re-employed REEMPLOYED in the public 1,331
service within one year after an honorable discharge from the 1,333
armed forces and established a total service credit, as defined 1,334
in division (H) of section 145.01 of the Revised Code SERVICE IN 1,336
THE UNIFORMED SERVICES THAT IS TERMINATED IN A MANNER OTHER THAN 1,337
AS DESCRIBED IN SECTION 4304 OF TITLE 38 OF THE UNITED STATES 1,339
CODE, "UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT 1,340
OF 1994," 108 STAT. 3149, 38 U.S.C.A. 4304, of twenty years 1,342
exclusive of credit for military UNIFORMED service. This
division shall not serve to cancel any military service credit 1,343
earned or granted prior to November 1, 1965. 1,344
(C) A member of the public employees retirement system is 1,346
ineligible to receive service credit under this section for any 1,347
year of military service credit used in the calculation of any 1,348
retirement benefit currently being paid to the member or payable 1,349
in the future under any other retirement program, except social 1,350
security, or used to obtain service credit pursuant to section 1,351
33
145.301 or 145.302 of the Revised Code. At the time such credit 1,352
is requested, the member shall certify on a form supplied by the 1,355
retirement board that the member does and will conform to this 1,356
requirement. This division does not cancel any military service 1,357
credit earned prior to March 15, 1979. 1,358
Sec. 718.01. (A) As used in this chapter: 1,367
(1) "Internal Revenue Code" means the Internal Revenue 1,369
Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. 1,370
(2) "Schedule C" means internal revenue service schedule C 1,372
filed by a taxpayer pursuant to the Internal Revenue Code. 1,373
(3) "Form 2106" means internal revenue service form 2106 1,375
filed by a taxpayer pursuant to the Internal Revenue Code. 1,376
(4) "Intangible income" means income of any of the 1,378
following types: income yield, interest, dividends, or other 1,379
income arising from the ownership, sale, exchange, or other 1,380
disposition of intangible property including, but not limited to, 1,381
investments, deposits, money, or credits as those terms are 1,382
defined in Chapter 5701. of the Revised Code. 1,383
(B) No municipal corporation with respect to that income 1,385
which it may tax shall tax such income at other than a uniform 1,386
rate.
(C) No municipal corporation shall levy a tax on income at 1,388
a rate in excess of one per cent without having obtained the 1,389
approval of the excess by a majority of the electors of the 1,390
municipality voting on the question at a general, primary, or 1,391
special election. The legislative authority of the municipal 1,392
corporation shall file with the board of elections at least 1,393
seventy-five days before the day of the election a copy of the 1,394
ordinance together with a resolution specifying the date the 1,395
election is to be held and directing the board of elections to 1,396
conduct the election. The ballot shall be in the following form: 1,397
"Shall the Ordinance providing for a ... per cent levy on income 1,398
for (Brief description of the purpose of the proposed levy) be 1,399
passed? 1,400
34
FOR THE INCOME TAX 1,402
AGAINST THE INCOME TAX" 1,404
In the event of an affirmative vote, the proceeds of the 1,406
levy may be used only for the specified purpose. 1,407
(D) No municipal corporation shall exempt from such tax, 1,409
compensation for personal services of individuals over eighteen 1,410
years of age or the net profit from a business or profession. 1,411
(E) Nothing in this section shall prevent a municipal 1,413
corporation from permitting lawful deductions as prescribed by 1,414
ordinance. If a taxpayer's taxable income includes income 1,415
against which the taxpayer has taken a deduction for federal 1,416
income tax purposes as reportable on the taxpayer's form 2106, 1,417
and against which a like deduction has not been allowed by the 1,418
municipal corporation, the municipal corporation shall deduct 1,419
from the taxpayer's taxable income an amount equal to the 1,420
deduction shown on such form allowable against such income, to 1,421
the extent not otherwise so allowed as a deduction by the 1,422
municipal corporation. In the case of a taxpayer who has a net 1,423
profit from a business or profession that is operated as a sole 1,424
proprietorship, no municipal corporation may tax or use as the 1,425
base for determining the amount of the net profit that shall be 1,426
considered as having a taxable situs in the municipal 1,427
corporation, a greater amount than the net profit reported by the 1,428
taxpayer on schedule C filed in reference to the year in question 1,429
as taxable income from such sole proprietorship, except as 1,430
otherwise specifically provided by ordinance or regulation. 1,431
(F) No municipal corporation shall tax any of the 1,433
following:
(1) The military pay or allowances of members of the armed 1,435
forces of the United States AND OF MEMBERS OF THEIR RESERVE 1,436
COMPONENTS, INCLUDING THE OHIO NATIONAL GUARD; 1,438
(2) The income of religious, fraternal, charitable, 1,440
scientific, literary, or educational institutions to the extent 1,441
that such income is derived from tax-exempt real estate, 1,443
35
tax-exempt tangible or intangible property, or tax-exempt
activities; 1,444
(3) Except as otherwise provided in division (G) of this 1,446
section, intangible income; 1,447
(4) Compensation paid under section 3501.28 or 3501.36 of 1,449
the Revised Code to a person serving as a precinct election 1,450
official, to the extent that such compensation does not exceed 1,451
one thousand dollars annually. Such compensation in excess of 1,452
one thousand dollars may be subjected to taxation by a municipal
corporation. A municipal corporation shall not require the payer 1,453
of such compensation to withhold any tax from that compensation. 1,454
(5) Compensation paid to an employee of a transit 1,456
authority, regional transit authority, or regional transit 1,457
commission created under Chapter 306. of the Revised Code for 1,458
operating a transit bus or other motor vehicle for the authority 1,459
or commission in or through the municipal corporation, unless the 1,460
bus or vehicle is operated on a regularly scheduled route, the 1,461
operator is subject to such a tax by reason of residence or
domicile in the municipal corporation, or the headquarters of the 1,462
authority or commission is located within the municipal 1,463
corporation.
(G) Any municipal corporation that taxes any type of 1,465
intangible income on March 29, 1988, pursuant to Section 3 of 1,466
Amended Substitute Senate Bill No. 238 of the 116th General 1,467
Assembly GENERAL ASSEMBLY, may continue to tax that type of 1,469
income after 1988 if a majority of the electors of the municipal 1,470
corporation voting on the question of whether to permit the 1,471
taxation of that type of intangible income after 1988 vote in
favor thereof at an election held on November 8, 1988. 1,472
(H) Nothing in this section or section 718.02 of the 1,474
Revised Code, shall authorize the levy of any tax on income which 1,475
a municipal corporation is not authorized to levy under existing 1,476
laws or shall require a municipal corporation to allow a 1,477
deduction from taxable income for losses incurred from a sole 1,478
36
proprietorship or partnership. 1,479
Sec. 1751.54. (A) As used in this section: 1,488
(1) "Eligible person" means any person who, at the time a 1,490
reservist is called or ordered to active duty, is covered under a 1,492
group contract and is either of the following:
(a) An employee who is a reservist called or ordered to 1,495
active duty;
(b) The spouse or a dependent child of an employee 1,498
described in division (A)(1)(a) of this section. 1,499
(2) "Group contract" includes any group health insuring 1,501
corporation contract that satisfies all of the following: 1,502
(a) The contract is delivered, issued for delivery, or 1,505
renewed in this state on or after the effective date of this 1,506
section.
(b) The contract covers employees for health care 1,509
services, including basic health care services. 1,510
(c) The contract is in effect and covers an eligible 1,513
person at the time a reservist is called or ordered to active 1,514
duty.
(3) "Reservist" means a member of a reserve component of 1,516
the armed forces of the United States. "Reservist" includes a 1,518
member of the Ohio national guard and the Ohio air national 1,519
guard.
(B) Every group contract shall provide that any eligible 1,522
person may continue the coverage under the contract for a period 1,523
of eighteen months after the date on which the coverage would 1,524
otherwise terminate because the reservist is called or ordered to 1,525
active duty.
(C)(1) An eligible person may extend the eighteen-month 1,528
period of continuation of coverage to a thirty-six-month period 1,529
of continuation of coverage, if any of the following occurs 1,530
during the eighteen-month period: 1,531
(a) The death of the reservist; 1,534
(b) The divorce or separation of a reservist from the 1,537
37
reservist's spouse;
(c) The cessation of dependency of a child pursuant to the 1,540
terms of the contract. 1,541
(2) The thirty-six-month period of continuation of 1,543
coverage is deemed to begin on the date on which the coverage 1,544
would otherwise terminate because the reservist is called or 1,545
ordered to active duty. 1,546
(3) The employer may begin the thirty-six-month period on 1,548
the date of any occurrence described in division (C)(1) of this 1,550
section.
(D) All of the following apply to any continuation of 1,553
coverage, or the extension of any continuation of coverage, 1,554
provided under division (B) or (C) of this section: 1,556
(1) The continuation of coverage shall provide the same 1,558
benefits as those provided to any similarly situated eligible 1,559
person who is covered under the same group contract and an 1,560
employee who has not been called or ordered to active duty. 1,562
(2) An employer shall notify each employee of the right of 1,565
continuation of coverage at the time of employment. At the time 1,566
the reservist is called or ordered to active duty, the employer 1,567
shall notify each eligible person of the requirements for the 1,568
continuation of coverage.
(3) Each certificate of coverage issued by a health 1,570
insuring corporation to an employee under the group contract 1,571
shall include a notice of the eligible person's right of 1,572
continuation of coverage. 1,573
(4) An eligible person shall file a written election of 1,575
continuation of coverage with the employer and pay the employer 1,576
the first contribution required under division (D)(5) of this 1,578
section. The written election and payment must be received by 1,579
the employer no later than thirty-one days after the date on 1,580
which the eligible person's coverage would otherwise terminate. 1,581
If the employer notifies the eligible person of the right of 1,582
continuation of coverage after the date on which the eligible 1,583
38
person's coverage would otherwise terminate, the written election 1,584
and payment must be received by the employer no later than 1,585
thirty-one days after the date of the notification. 1,586
(5)(a) Except as provided in division (D)(5)(b) OR (c) of 1,588
this section, the eligible person shall pay to the employer, on a 1,590
monthly basis and in advance, the amount of contribution required 1,591
by the employer. The amount shall not exceed one hundred two per 1,592
cent of the group rate for the coverage being continued under the 1,593
group contract on the due date of each payment. 1,594
(b) The employer may pay a portion or all of the eligible 1,597
person's contribution.
(c) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS 1,599
THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE 1,600
ELIGIBLE PERSON'S CONTRIBUTION, IF ANY, FOR THE COVERAGE. 1,601
(E) The eligible person's right to any continuation of 1,604
coverage, or the extension of any continuation of coverage, 1,605
provided under division (B) or (C) of this section ceases on the 1,608
date on which any of the following occurs:
(1) The eligible person, whether as an employee or 1,610
otherwise, becomes covered by another group contract or other 1,611
group health plan or arrangement that does not contain any 1,612
exclusion or limitation with respect to any preexisting condition 1,614
of that eligible person. For purposes of division (E)(1) of this 1,615
section, a group contract or other group health plan or 1,616
arrangement does not include the civilian health and medical 1,617
program of the uniformed services as defined in Public Law 1,619
99-661, 100 Stat. 3898 (1986), 10 U.S.C.A. 1072. 1,621
(2) The period of either eighteen months provided under 1,623
division (B) of this section or thirty-six months provided under 1,625
division (C) of this section expires. 1,627
(3) The eligible person fails to make a timely payment of 1,629
a required contribution, in which case the coverage ceases at the 1,631
end of the period of coverage for which contributions were made. 1,632
(4) The group contract, or participation under the group 1,634
39
contract, is terminated, unless the employer, in accordance with 1,635
division (F) of this section, replaces the coverage with similar 1,637
coverage under another group contract or other group health plan 1,638
or arrangement.
(F) If the employer replaces the group contract with 1,641
similar coverage as described in division (E)(4) of this section, 1,643
both of the following apply:
(1) The eligible person is covered under the replacement 1,645
coverage for the balance of the period that the person would have 1,647
remained covered under the terminated coverage if it had not been 1,648
terminated.
(2) The level of benefits under the replacement coverage 1,650
is the same as the level of benefits provided to any similarly 1,651
situated eligible person who is covered under the group contract 1,652
and an employee who has not been called or ordered to active 1,653
duty. 1,654
(G) Upon the reservist's release from active duty and the 1,657
reservist's return to employment for the employer by whom the 1,658
reservist was employed at the time the reservist was called or 1,659
ordered to active duty, both of the following apply: 1,660
(1) Every eligible person is entitled, without any waiting 1,663
period, to coverage under the employer's group contract that is 1,664
in effect at the time of the reservist's return to employment. 1,665
(2) Every eligible person is entitled to all benefits 1,667
under the group contract described in division (G)(1) of this 1,669
section from the date of the original coverage under the 1,670
contract.
(H)(1) No health insuring corporation shall fail to 1,673
provide for a continuation of coverage, or an extension of a 1,674
continuation of coverage, in a group contract as required by and 1,675
in accordance with the terms and conditions set forth under this 1,676
section.
(2) No health insuring corporation shall fail to issue a 1,678
certificate of coverage in compliance with division (D)(3) of 1,680
40
this section.
(3) No employer shall fail to provide an employee or 1,682
eligible person with notice of the right to a continuation of 1,683
coverage under a group contract in accordance with division 1,684
(D)(2) of this section. 1,685
(I) Whoever violates division (H)(1), (2), or (3) of this 1,689
section is deemed to have engaged in an unfair and deceptive act 1,690
or practice in the business of insurance under sections 3901.19 1,691
to 3901.26 of the Revised Code. 1,692
(J) This section does not apply to any group contract that 1,695
is subject to section 5923.051 of the Revised Code. 1,697
(K) This section does not apply to any group contract 1,700
offering only supplemental health care services or specialty 1,701
health care services.
Sec. 3319.13. Upon the written request of a teacher, or a 1,710
regular nonteaching school employee, a board of education may 1,711
grant a leave of absence for a period of not more than two 1,712
consecutive school years for educational or, professional, or 1,714
other purposes, and shall grant such leave where illness or other 1,715
disability is the reason for the request. Upon subsequent 1,716
request, such leave may be renewed by the board. Without 1,717
request, a board may grant similar leave of absence and renewals 1,718
thereof to any teacher or regular nonteaching school employee 1,719
because of physical or mental disability, but such teacher may 1,720
have a hearing on such unrequested leave of absence or its 1,721
renewals in accordance with section 3319.16 of the Revised Code, 1,722
and such nonteaching school employee may have a hearing on such 1,723
unrequested leave of absence or its renewals in accordance with 1,724
division (C) of section 3319.081 of the Revised Code. Upon the 1,725
return to service of a teacher or a nonteaching school employee 1,726
at the expiration of a leave of absence, he THE TEACHER OR 1,727
NONTEACHING SCHOOL EMPLOYEE shall resume the contract status 1,729
which he THAT THE TEACHER OR NONTEACHING SCHOOL EMPLOYEE held 1,730
prior to such THE leave OF ABSENCE. Any teacher who leaves a 1,732
41
teaching position to serve FOR SERVICE in the armed UNIFORMED 1,733
services or the auxiliaries thereof organized to prosecute World 1,734
War II, upon returning honorably discharged AND WHO RETURNS from 1,735
such service IN THE UNIFORMED SERVICES THAT IS TERMINATED IN A 1,736
MANNER OTHER THAN AS DESCRIBED IN SECTION 4304 OF TITLE 38 OF THE 1,737
UNITED STATES CODE, "UNIFORMED SERVICES EMPLOYMENT AND 1,739
REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 38 U.S.C.A. 1,740
4304, shall resume the contract status held prior to entering 1,741
military service THE UNIFORMED SERVICES, subject to passing a 1,743
physical examination. Such contract status shall be resumed at 1,744
the first of the school semester or the beginning of the school 1,745
year following return from the armed UNIFORMED services. FOR 1,747
PURPOSES OF THIS SECTION AND SECTION 3319.14 OF THE REVISED CODE, 1,748
"Armed UNIFORMED services" has AND "SERVICE IN THE UNIFORMED 1,749
SERVICES" HAVE the same meaning MEANINGS as defined in section 1,752
124.29 5903.01 of the Revised Code.
Upon the return of a nonteaching school employee from a 1,754
leave of absence, the board may terminate the employment of a 1,755
person hired exclusively for the purpose of replacing the 1,756
returning employee while he THE RETURNING EMPLOYEE was on leave. 1,757
If, after the return of a nonteaching employee from leave, the 1,759
person employed exclusively for the purpose of replacing an 1,760
employee while he THE EMPLOYEE was on leave is continued in 1,762
employment as a regular nonteaching school employee or if he THE 1,763
PERSON is hired by the board as a regular nonteaching school 1,765
employee within a year after his employment as a replacement is 1,766
terminated, he THE PERSON shall, for purposes of section 3319.081 1,768
of the Revised Code, receive credit for his THE PERSON'S length 1,769
of service with the school district during such replacement 1,770
period in the following manner: 1,771
(A) If employed as a replacement for less than twelve 1,773
months, he THE PERSON shall be employed under a contract valid 1,774
for a period equal to twelve months less the number of months 1,776
employed as a replacement. At the end of such contract period, 1,777
42
if the person is reemployed it shall be under a two-year 1,778
contract. Subsequent reemployment shall be pursuant to division 1,779
(B) of section 3319.081 of the Revised Code. 1,780
(B) If employed as a replacement for twelve months or more 1,782
but less than twenty-four months, he THE PERSON shall be employed 1,784
under a contract valid for a period equal to twenty-four months 1,785
less the number of months employed as a replacement. Subsequent 1,786
reemployment shall be pursuant to division (B) of section 1,787
3319.081 of the Revised Code. 1,788
(C) If employed as a replacement for more than twenty-four 1,790
months, he THE PERSON shall be employed pursuant to division (B) 1,791
of section 3319.081 of the Revised Code. 1,792
For purposes of this section, employment during any part of 1,794
a month shall count as employment during the entire month. 1,795
Sec. 3319.14. Any teacher who has left, or leaves, a 1,804
teaching position, by resignation or otherwise, and within forty 1,805
school days thereafter entered, or enters, the armed UNIFORMED 1,806
services of the United States or the auxiliaries thereof, or such 1,808
other services as are specified in section 124.29 of the Revised 1,810
Code, and who has returned, or returns, from such WHOSE service 1,811
with a discharge IS TERMINATED IN A MANNER other than 1,813
dishonorable AS DESCRIBED IN SECTION 4304 OF TITLE 38 OF THE 1,815
UNITED STATES CODE, "UNIFORMED SERVICES EMPLOYMENT AND 1,818
REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 38 U.S.C.A. 1,819
4304, shall be reemployed by the board of education of the 1,820
district in which he THE TEACHER held such teaching position, 1,822
under the same type of contract as that which he THE TEACHER last 1,823
held in such district, if the teacher, within ninety days after 1,824
such discharge, applies to the board of education for 1,825
reemployment IN ACCORDANCE WITH THE "UNIFORMED SERVICES 1,827
EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 1,828
38 U.S.C.A. 4312. Upon such application, the teacher shall be 1,829
re-employed REEMPLOYED at the first of the next school semester, 1,830
if the application is made not less than thirty days prior to the 1,832
43
first of the next school semester, in which case the teacher 1,833
shall be re-employed REEMPLOYED the first of the following school 1,834
semester, unless the board of education waives the requirement 1,836
for the thirty-day period. 1,837
For the purposes of seniority and placement on the salary 1,839
schedule, years of absence in the PERFORMING service of IN the 1,841
armed UNIFORMED services of the United States or the auxiliaries 1,842
thereof, shall be counted as though teaching service had been 1,843
performed during such time.
The board of education of the district in which such 1,845
teacher was employed and is re-employed REEMPLOYED under this 1,846
section may suspend the contract of the teacher whose services 1,848
become unnecessary by reason of the return of a teacher from 1,849
service in the armed UNIFORMED services or auxiliaries thereof, 1,850
in accordance with section 3319.17 of the Revised Code. 1,852
Sec. 3923.381. (A) As used in this section: 1,861
(1) "Eligible person" means any person who, at the time a 1,863
reservist is called or ordered to active duty, is covered under a 1,864
group policy and is either of the following: 1,865
(a) An employee who is a reservist called or ordered to 1,867
active duty; 1,868
(b) The spouse or a dependent child of an employee 1,870
described in division (A)(1)(a) of this section. 1,871
(2) "Group policy" includes any group sickness and 1,873
accident insurance policy that satisfies all of the following: 1,874
(a) The policy is delivered, issued for delivery, or 1,876
renewed in this state on or after the effective date of this 1,877
section APRIL 17, 1991. 1,878
(b) The policy covers employees for hospital, surgical, or 1,880
major medical insurance on an expense incurred or service basis, 1,881
other than for specified diseases or accidental injuries only. 1,882
(c) The policy is in effect and covers an eligible person 1,884
at the time a reservist is called or ordered to active duty. 1,885
(3) "Reservist" means a member of a reserve component of 1,887
44
the armed forces of the United States. "Reservist" includes a 1,888
member of the Ohio national guard and the Ohio air national 1,890
guard.
(B) Every group policy shall provide that any eligible 1,892
person may continue the coverage under the policy for a period of 1,893
eighteen months after the date on which the coverage would 1,894
otherwise terminate because the reservist is called or ordered to 1,895
active duty. 1,896
(C)(1) An eligible person may extend the eighteen-month 1,898
period of continuation of coverage to a thirty-six-month period 1,899
of continuation of coverage, if any of the following occurs 1,900
during the eighteen-month period: 1,901
(a) The death of the reservist; 1,903
(b) The divorce or separation of a reservist from the 1,905
reservist's spouse; 1,906
(c) The cessation of dependency of a child pursuant to the 1,908
terms of the policy. 1,909
(2) The thirty-six-month period of continuation of 1,911
coverage is deemed to begin on the date on which the coverage 1,912
would otherwise terminate because the reservist is called or 1,913
ordered to active duty. 1,914
(3) The employer may begin the thirty-six-month period on 1,916
the date of any occurrence described in division (C)(1) of this 1,917
section. 1,918
(D) All of the following apply to any continuation of 1,920
coverage, or the extension of any continuation of coverage, 1,921
provided under division (B) or (C) of this section: 1,922
(1) The continuation of coverage shall provide the same 1,924
benefits as those provided to any similarly situated eligible 1,925
person who is covered under the same group policy and an employee 1,926
who has not been called or ordered to active duty. 1,927
(2) An employer shall notify each employee of the right of 1,929
continuation of coverage at the time of employment. At the time 1,930
the reservist is called or ordered to active duty, the employer 1,931
45
shall notify each eligible person of the requirements for the 1,932
continuation of coverage. 1,933
(3) Each certificate of coverage issued by an insurer to 1,935
an employee under the group policy shall include a notice of the 1,936
eligible person's right of continuation of coverage. 1,937
(4) An eligible person shall file a written election of 1,939
continuation of coverage with the employer and pay the employer 1,940
the first contribution required under division (D)(5) of this 1,941
section. The written election and payment must be received by 1,942
the employer no later than thirty-one days after the date on 1,943
which the eligible person's coverage would otherwise terminate. 1,944
If the employer notifies the eligible person of the right of 1,945
continuation of coverage after the date on which the eligible 1,946
person's coverage would otherwise terminate, the written election 1,947
and payment must be received by the employer no later than 1,948
thirty-one days after the date of the notification. 1,949
(5)(a) Except as provided in division (D)(5)(b) OR (c) of 1,951
this section, the eligible person shall pay to the employer, on a 1,953
monthly basis and in advance, the amount of contribution required 1,954
by the employer. The amount shall not exceed one hundred two per 1,955
cent of the group rate for the coverage being continued under the 1,956
group policy on the due date of each payment. 1,957
(b) The employer may pay a portion or all of the eligible 1,959
person's contribution. 1,960
(c) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS 1,963
THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE 1,964
ELIGIBLE PERSON'S CONTRIBUTION, IF ANY, FOR THE COVERAGE. 1,965
(E) The eligible person's right to any continuation of 1,967
coverage, or the extension of any continuation of coverage, 1,968
provided under division (B) or (C) of this section ceases on the 1,969
date on which any of the following occurs: 1,970
(1) The eligible person, whether as an employee or 1,972
otherwise, enrolls in another group policy or other group health 1,973
plan or arrangement that does not contain any exclusion or 1,974
46
limitation with respect to any preexisting condition of that 1,975
eligible person. For purposes of division (E)(1) of this 1,976
section, a group policy or other group health plan or arrangement 1,977
does not include the civilian health and medical program of the 1,978
uniformed services as defined in Public Law 99-661, 100 Stat. 1,979
3898 (1986), 10 U.S.C.A. 1072. 1,980
(2) The period of either eighteen months provided under 1,982
division (B) of this section or thirty-six months provided under 1,983
division (C) of this section expires. 1,984
(3) The eligible person fails to make a timely payment of 1,986
a required contribution, in which case the coverage ceases at the 1,987
end of the period of coverage for which contributions were made. 1,988
(4) The group policy, or participation under the group 1,990
policy, is terminated, unless the employer, in accordance with 1,991
division (F) of this section, replaces the coverage with similar 1,992
coverage under another group policy or other group health plan or 1,993
arrangement. 1,994
(F) If the employer replaces the group policy with similar 1,996
coverage as described in division (E)(4) of this section, both of 1,997
the following apply: 1,998
(1) The eligible person is covered under the replacement 2,000
coverage for the balance of the period that he THE ELIGIBLE 2,001
PERSON would have remained covered under the terminated coverage 2,003
if it had not been terminated. 2,004
(2) The level of benefits under the replacement coverage 2,006
is the same as the level of benefits provided to any similarly 2,007
situated eligible person who is covered under the group policy 2,008
and an employee who has not been called or ordered to active 2,009
duty. 2,010
(G) Upon the reservist's release from active duty and his 2,012
return to employment for the employer by whom he THE RESERVIST 2,013
was employed at the time he was OF BEING called or ordered to 2,015
active duty, both of the following apply: 2,017
(1) Every eligible person is entitled, without any waiting 2,019
47
period, to coverage under the employer's group policy that is in 2,020
effect at the time of the reservist's return to employment. 2,021
(2) Every eligible person is entitled to all benefits 2,023
under the group policy described in division (G)(1) of this 2,024
section from the date of the original coverage under the policy. 2,025
(H)(1) No insurer shall fail to provide for a continuation 2,027
of coverage, or an extension of a continuation of coverage, in a 2,028
group policy as required by and in accordance with the terms and 2,029
conditions set forth under this section. 2,030
(2) No insurer shall fail to issue a certificate of 2,032
coverage in compliance with division (D)(3) of this section. 2,033
(3) No employer shall fail to provide an employee or 2,035
eligible person with notice of the right to a continuation of 2,036
coverage under a group policy in accordance with division (D)(2) 2,037
of this section. 2,038
(I) Whoever violates division (H)(1), (2), or (3) of this 2,040
section is deemed to have engaged in an unfair and deceptive act 2,041
or practice in the business of insurance under sections 3901.19 2,042
to 3901.26 of the Revised Code. 2,043
(J) This section does not apply to any group policy that 2,045
is subject to section 5923.051 of the Revised Code. 2,046
Sec. 3923.382. (A) As used in this section: 2,055
(1) "Eligible person" means any person who, at the time a 2,057
reservist is called or ordered to active duty, is covered under a 2,058
group plan and is either of the following: 2,059
(a) An employee who is a reservist called or ordered to 2,061
active duty; 2,062
(b) The spouse or a dependent child of an employee 2,064
described in division (A)(1)(a) of this section. 2,065
(2) "Group plan" includes any private or public employer 2,067
self-insurance plan that satisfies all of the following: 2,068
(a) The plan is established or modified in this state on 2,070
or after April 17, 1991. 2,072
(b) The plan provides, or provides payment for, health 2,074
48
benefits for employees resident in this state other than through 2,075
an insurer or health insuring corporation. 2,077
(c) The plan is in effect and covers an eligible person at 2,079
the time a reservist is called or ordered to active duty. 2,080
(3) "Group rate" means the average monthly cost per 2,082
employee, over a period of at least twelve months of the 2,083
operation of a group plan, that would represent a group insurance 2,084
rate if the same coverage had been provided under a group 2,085
sickness and accident insurance policy. 2,086
(4) "Reservist" means a member of a reserve component of 2,088
the armed forces of the United States. "Reservist" includes a 2,089
member of the Ohio national guard and the Ohio air national 2,091
guard.
(B) Every group plan shall provide that any eligible 2,093
person may continue the coverage under the plan for a period of 2,094
eighteen months after the date on which the coverage would 2,095
otherwise terminate because the reservist is called or ordered to 2,096
active duty. 2,097
(C)(1) An eligible person may extend the eighteen-month 2,099
period of continuation of coverage to a thirty-six-month period 2,100
of continuation of coverage, if any of the following occurs 2,101
during the eighteen-month period: 2,102
(a) The death of the reservist; 2,104
(b) The divorce or separation of a reservist from the 2,106
reservist's spouse; 2,107
(c) The cessation of dependency of a child pursuant to the 2,109
terms of the plan. 2,110
(2) The thirty-six-month period of continuation of 2,112
coverage is deemed to begin on the date on which the coverage 2,113
would otherwise terminate because the reservist is called or 2,114
ordered to active duty. 2,115
(3) The employer may begin the thirty-six-month period on 2,117
the date of any occurrence described in division (C)(1) of this 2,118
section. 2,119
49
(D) All of the following apply to any continuation of 2,121
coverage, or the extension of any continuation of coverage, 2,122
provided under division (B) or (C) of this section: 2,123
(1) The continuation of coverage shall provide the same 2,125
benefits as those provided to any similarly situated eligible 2,126
person who is covered under the same group plan and an employee 2,127
who has not been called or ordered to active duty. 2,128
(2) An employer shall notify each employee of the right of 2,130
continuation of coverage at the time of employment. At the time 2,131
the reservist is called or ordered to active duty, the employer 2,132
shall notify each eligible person of the requirements for the 2,133
continuation of coverage. 2,134
(3) Each certificate or other evidence of coverage issued 2,136
by an employer to an employee under the group plan shall include 2,137
a notice of the eligible person's right of continuation of 2,138
coverage. 2,139
(4) An eligible person shall file a written election of 2,141
continuation of coverage with the employer and pay the employer 2,142
the first contribution required under division (D)(5) of this 2,143
section. The written election and payment must be received by 2,144
the employer no later than thirty-one days after the date on 2,145
which the eligible person's coverage would otherwise terminate. 2,146
If the employer notifies the eligible person of the right of 2,147
continuation of coverage after the date on which the eligible 2,148
person's coverage would otherwise terminate, the written election 2,149
and payment must be received by the employer no later than 2,150
thirty-one days after the date of the notification. 2,151
(5)(a) Except as provided in division (D)(5)(b) OR (c) of 2,153
this section, the eligible person shall pay to the employer, on a 2,155
monthly basis and in advance, the amount of contribution required 2,156
by the employer. The amount shall not exceed one hundred two per 2,157
cent of the group rate for the coverage being continued under the 2,158
group plan on the due date of each payment. 2,159
(b) The employer may pay a portion or all of the eligible 2,161
50
person's contribution. 2,162
(c) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS 2,165
THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE 2,166
ELIGIBLE PERSON'S CONTRIBUTION IF ANY, FOR THE COVERAGE. 2,168
(E) The eligible person's right to any continuation of 2,170
coverage, or the extension of any continuation of coverage, 2,171
provided under division (B) or (C) of this section ceases on the 2,172
date on which any of the following occurs: 2,173
(1) The eligible person, whether as an employee or 2,175
otherwise, enrolls in another group plan or other group health 2,176
plan or arrangement that does not contain any exclusion or 2,177
limitation with respect to any preexisting condition of that 2,178
eligible person. For purposes of division (E)(1) of this 2,179
section, a group plan or other group health plan or arrangement 2,180
does not include the civilian health and medical program of the 2,181
uniformed services as defined in Public Law 99-661, 100 Stat. 2,182
3898 (1986), 10 U.S.C.A. 1072. 2,183
(2) The period of either eighteen months provided under 2,185
division (B) of this section or thirty-six months provided under 2,186
division (C) of this section expires. 2,187
(3) The eligible person fails to make a timely payment of 2,189
a required contribution, in which case the coverage ceases at the 2,190
end of the period of coverage for which contributions were made. 2,191
(4) The group plan, or participation under the group plan, 2,193
is terminated, unless the employer, in accordance with division 2,194
(F) of this section, replaces the coverage with similar coverage 2,195
under another group plan or other group health plan or 2,196
arrangement. 2,197
(F) If the employer replaces the group plan with similar 2,199
coverage as described in division (E)(4) of this section, both of 2,200
the following apply: 2,201
(1) The eligible person is covered under the replacement 2,203
coverage for the balance of the period that the person would have 2,205
remained covered under the terminated coverage if it had not been 2,206
51
terminated. 2,207
(2) The level of benefits under the replacement coverage 2,209
is the same as the level of benefits provided to any similarly 2,210
situated eligible person who is covered under the group plan and 2,211
an employee who has not been called or ordered to active duty. 2,212
(G) Upon the reservist's release from active duty and the 2,214
reservist's return to employment for the employer by whom the 2,216
reservist was employed at the time the reservist was called or 2,218
ordered to active duty, both of the following apply: 2,220
(1) Every eligible person is entitled, without any waiting 2,222
period, to coverage under the employer's group plan that is in 2,223
effect at the time of the reservist's return to employment. 2,224
(2) Every eligible person is entitled to all benefits 2,226
under the group plan described in division (G)(1) of this section 2,227
from the date of the original coverage under the plan. 2,228
(H)(1) No employer shall fail to provide for a 2,230
continuation of coverage, or an extension of a continuation of 2,231
coverage, in a group plan as required by and in accordance with 2,232
the terms and conditions set forth under this section. 2,233
(2) No employer shall fail to issue a certificate or other 2,235
evidence of coverage in compliance with division (D)(3) of this 2,236
section. 2,237
(3) No employer shall fail to provide an employee or 2,239
eligible person with notice of the right to a continuation of 2,240
coverage under a group plan in accordance with division (D)(2) of 2,241
this section. 2,242
(I) Whoever violates division (H)(1), (2), or (3) of this 2,244
section is deemed to have engaged in an unfair and deceptive act 2,245
or practice in the business of insurance under sections 3901.19 2,246
to 3901.26 of the Revised Code. 2,247
(J) This section does not apply to a group plan under 2,249
either of the following circumstances: 2,250
(1) The group plan is subject to section 5923.051 of the 2,252
Revised Code. 2,253
52
(2) The application of this section THAT is superseded, 2,255
preempted, prohibited, or otherwise precluded by federal law. 2,256
Sec. 4117.01. As used in this chapter: 2,266
(A) "Person," in addition to those included in division 2,268
(C) of section 1.59 of the Revised Code, includes employee 2,269
organizations, public employees, and public employers. 2,270
(B) "Public employer" means the state or any political 2,272
subdivision of the state located entirely within the state, 2,273
including, without limitation, any municipal corporation with a 2,274
population of at least five thousand according to the most recent 2,275
federal decennial census; county; township with a population of 2,276
at least five thousand in the unincorporated area of the township 2,277
according to the most recent federal decennial census; school 2,278
district; state institution of higher learning; public or special 2,280
district; state agency, authority, commission, or board; or other 2,281
branch of public employment.
(C) "Public employee" means any person holding a position 2,283
by appointment or employment in the service of a public employer, 2,284
including any person working pursuant to a contract between a 2,285
public employer and a private employer and over whom the national 2,286
labor relations board has declined jurisdiction on the basis that 2,287
the involved employees are employees of a public employer, 2,288
except: 2,289
(1) Persons holding elective office; 2,291
(2) Employees of the general assembly and employees of any 2,293
other legislative body of the public employer whose principal 2,294
duties are directly related to the legislative functions of the 2,295
body; 2,296
(3) Employees on the staff of the governor or the chief 2,298
executive of the public employer whose principal duties are 2,299
directly related to the performance of the executive functions of 2,300
the governor or the chief executive; 2,301
(4) Persons who are members of the OHIO organized militia, 2,303
while on active duty TRAINING OR PERFORMING DUTY UNDER SECTION 2,304
53
5919.29 OR 5923.12 OF THE REVISED CODE; 2,305
(5) Employees of the state employment relations board; 2,307
(6) Confidential employees; 2,309
(7) Management level employees; 2,311
(8) Employees and officers of the courts, assistants to 2,313
the attorney general, assistant prosecuting attorneys, and 2,314
employees of the clerks of courts who perform a judicial 2,315
function; 2,316
(9) Employees of a public official who act in a fiduciary 2,318
capacity, appointed pursuant to section 124.11 of the Revised 2,319
Code; 2,320
(10) Supervisors; 2,322
(11) Students whose primary purpose is educational 2,324
training, including graduate assistants or associates, residents, 2,325
interns, or other students working as part-time public employees 2,326
less than fifty per cent of the normal year in the employee's 2,327
bargaining unit; 2,328
(12) Employees of county boards of election; 2,330
(13) Seasonal and casual employees as determined by the 2,332
state employment relations board; 2,333
(14) Part-time faculty members of an institution of higher 2,335
education; 2,336
(15) Employees of the state personnel board of review; 2,338
(16) Employees of the board of directors of the Ohio 2,340
low-level radioactive waste facility development authority 2,341
created in section 3747.05 of the Revised Code.; 2,342
(17) Participants of the subsidized employment program 2,344
established under section 5101.82 of the Revised Code or the work 2,345
experience program established under section 5101.83 of the 2,346
Revised Code who perform a service for a public employer that the 2,347
public employer needs but is not performed by an employee of the 2,348
public employer.
(D) "Employee organization" means any labor or bona fide 2,350
organization in which public employees participate and that 2,351
54
exists for the purpose, in whole or in part, of dealing with 2,352
public employers concerning grievances, labor disputes, wages, 2,353
hours, terms, and other conditions of employment. 2,354
(E) "Exclusive representative" means the employee 2,356
organization certified or recognized as an exclusive 2,357
representative under section 4117.05 of the Revised Code. 2,358
(F) "Supervisor" means any individual who has authority, 2,360
in the interest of the public employer, to hire, transfer, 2,361
suspend, lay off, recall, promote, discharge, assign, reward, or 2,362
discipline other public employees; to responsibly direct them; to 2,363
adjust their grievances; or to effectively recommend such action, 2,364
if the exercise of that authority is not of a merely routine or 2,365
clerical nature, but requires the use of independent judgment, 2,366
provided that: 2,367
(1) Employees of school districts who are department 2,369
chairmen CHAIRPERSONS or consulting teachers shall not be deemed 2,370
supervisors; 2,371
(2) With respect to members of a police or fire 2,373
department, no person shall be deemed a supervisor except the 2,374
chief of the department or those individuals who, in the absence 2,375
of the chief, are authorized to exercise the authority and 2,376
perform the duties of the chief of the department. Where prior 2,377
to June 1, 1982, a public employer pursuant to a judicial 2,378
decision, rendered in litigation to which the public employer was 2,379
a party, has declined to engage in collective bargaining with 2,380
members of a police or fire department on the basis that those 2,381
members are supervisors, those members of a police or fire 2,382
department do not have the rights specified in this chapter for 2,383
the purposes of future collective bargaining. The state 2,384
employment relations board shall decide all disputes concerning 2,385
the application of division (F)(2) of this section. 2,386
(3) With respect to faculty members of a state institution 2,388
of higher education, heads of departments or divisions are 2,389
supervisors; however, no other faculty member or group of faculty 2,390
55
members is a supervisor solely because the faculty member or 2,391
group of faculty members participate in decisions with respect to 2,392
courses, curriculum, personnel, or other matters of academic 2,393
policy; 2,394
(4) No teacher as defined in section 3319.09 of the 2,396
Revised Code shall be designated as a supervisor or a management 2,397
level employee unless the teacher is employed under a contract 2,398
governed by section 3319.01, 3319.011, or 3319.02 of the Revised 2,399
Code and is assigned to a position for which a license deemed to 2,401
be for administrators under state board rules is required 2,402
pursuant to section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual 2,404
obligation of the public employer, by its representatives, and 2,405
the representatives of its employees to negotiate in good faith 2,406
at reasonable times and places with respect to wages, hours, 2,407
terms, and other conditions of employment and the continuation, 2,408
modification, or deletion of an existing provision of a 2,409
collective bargaining agreement, with the intention of reaching 2,410
an agreement, or to resolve questions arising under the 2,411
agreement. "To bargain collectively" includes executing a 2,412
written contract incorporating the terms of any agreement 2,413
reached. The obligation to bargain collectively does not mean 2,414
that either party is compelled to agree to a proposal nor does it 2,415
require the making of a concession. 2,416
(H) "Strike" means continuous concerted action in failing 2,418
to report to duty; willful absence from one's position; or 2,419
stoppage of work in whole from the full, faithful, and proper 2,420
performance of the duties of employment, for the purpose of 2,421
inducing, influencing, or coercing a change in wages, hours, 2,422
terms, and other conditions of employment. "Strike" does not
include a stoppage of work by employees in good faith because of 2,423
dangerous or unhealthful working conditions at the place of 2,424
employment that are abnormal to the place of employment. 2,425
(I) "Unauthorized strike" includes, but is not limited to, 2,427
56
concerted action during the term or extended term of a collective 2,428
bargaining agreement or during the pendency of the settlement 2,429
procedures set forth in section 4117.14 of the Revised Code in 2,430
failing to report to duty; willful absence from one's position; 2,431
stoppage of work; slowdown, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of 2,432
employment for the purpose of inducing, influencing, or coercing 2,433
a change in wages, hours, terms, and other conditions of 2,434
employment. "Unauthorized strike" includes any such action, 2,435
absence, stoppage, slowdown, or abstinence when done partially or 2,436
intermittently, whether during or after the expiration of the
term or extended term of a collective bargaining agreement or 2,437
during or after the pendency of the settlement procedures set 2,438
forth in section 4117.14 of the Revised Code. 2,439
(J) "Professional employee" means any employee engaged in 2,441
work that is predominantly intellectual, involving the consistent 2,443
exercise of discretion and judgment in its performance and 2,444
requiring knowledge of an advanced type in a field of science or 2,445
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished 2,446
from a general academic education or from an apprenticeship; or 2,447
an employee who has completed the courses of specialized 2,448
intellectual instruction and is performing related work under the 2,449
supervision of a professional person to become qualified as a 2,451
professional employee.
(K) "Confidential employee" means any employee who works 2,453
in the personnel offices of a public employer and deals with 2,454
information to be used by the public employer in collective 2,455
bargaining; or any employee who works in a close continuing 2,456
relationship with public officers or representatives directly 2,457
participating in collective bargaining on behalf of the employer. 2,458
(L) "Management level employee" means an individual who 2,460
formulates policy on behalf of the public employer, who 2,461
responsibly directs the implementation of policy, or who may 2,462
57
reasonably be required on behalf of the public employer to assist 2,463
in the preparation for the conduct of collective negotiations, 2,464
administer collectively negotiated agreements, or have a major 2,465
role in personnel administration. Assistant superintendents, 2,466
principals, and assistant principals whose employment is governed 2,467
by section 3319.02 of the Revised Code are management level 2,468
employees. With respect to members of a faculty of a state 2,469
institution of higher education, no person is a management level 2,470
employee because of the person's involvement in the formulation 2,471
or implementation of academic or institution policy. 2,472
(M) "Wages" means hourly rates of pay, salaries, or other 2,474
forms of compensation for services rendered. 2,475
(N) "Member of a police department" means a person who is 2,477
in the employ of a police department of a municipal corporation 2,478
as a full-time regular police officer as the result of an 2,480
appointment from a duly established civil service eligibility
list or under section 737.15 or 737.16 of the Revised Code, a 2,481
full-time deputy sheriff appointed under section 311.04 of the 2,482
Revised Code, a township constable appointed under section 509.01 2,484
of the Revised Code, or a member of a township police district 2,485
police department appointed under section 505.49 of the Revised 2,486
Code.
(O) "Members of the state highway patrol" means highway 2,488
patrol troopers and radio operators appointed under section 2,489
5503.01 of the Revised Code. 2,490
(P) "Member of a fire department" means a person who is in 2,492
the employ of a fire department of a municipal corporation or a 2,493
township as a fire cadet, full-time regular fire fighter 2,494
FIREFIGHTER, or promoted rank as the result of an appointment 2,496
from a duly established civil service eligibility list or under 2,497
section 505.38, 709.012, or 737.22 of the Revised Code. 2,498
(Q) "Day" means calendar day. 2,500
Sec. 4141.01. As used in this chapter, unless the context 2,509
otherwise requires: 2,510
58
(A)(1) "Employer" means the state, its instrumentalities, 2,512
its political subdivisions and their instrumentalities, and any 2,513
individual or type of organization including any partnership, 2,514
association, trust, estate, joint-stock company, insurance 2,515
company, or corporation, whether domestic or foreign, or the 2,516
receiver, trustee in bankruptcy, trustee, or the successor 2,517
thereof, or the legal representative of a deceased person who 2,518
subsequent to December 31, 1971, or in the case of political 2,519
subdivisions or their instrumentalities, subsequent to December 2,520
31, 1973: 2,521
(a) Had in employment at least one individual, or in the 2,523
case of a nonprofit organization, subsequent to December 31, 2,524
1973, had not less than four individuals in employment for some 2,525
portion of a day in each of twenty different calendar weeks, in 2,526
either the current or the preceding calendar year whether or not 2,527
the same individual was in employment in each such day; or 2,528
(b) Except for a nonprofit organization, had paid for 2,530
service in employment wages of fifteen hundred dollars or more in 2,531
any calendar quarter in either the current or preceding calendar 2,532
year; or 2,533
(c) Had paid, subsequent to December 31, 1977, for 2,535
employment in domestic service in a local college club, or local 2,536
chapter of a college fraternity or sorority, cash remuneration of 2,537
one thousand dollars or more in any calendar quarter in the 2,538
current calendar year or the preceding calendar year, or had paid 2,539
subsequent to December 31, 1977, for employment in domestic 2,540
service in a private home cash remuneration of one thousand 2,541
dollars in any calendar quarter in the current calendar year or 2,543
the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of 2,545
this section, there shall not be taken into account any wages 2,546
paid to, or employment of, an individual performing domestic 2,547
service as described in this division. 2,548
(ii) An employer under this division shall not be an 2,550
59
employer with respect to wages paid for any services other than 2,551
domestic service unless the employer is also found to be an 2,552
employer under division (A)(1)(a), (b), or (d) of this section. 2,553
(d) As a farm operator or a crew leader subsequent to 2,555
December 31, 1977, had in employment individuals in agricultural 2,556
labor; and 2,557
(i) During any calendar quarter in the current calendar 2,559
year or the preceding calendar year, paid cash remuneration of 2,560
twenty thousand dollars or more for the agricultural labor; or 2,561
(ii) Had at least ten individuals in employment in 2,563
agricultural labor, not including such labor when performed 2,564
before January 1, 1980, by an alien, for some portion of a day in 2,565
each of the twenty different calendar weeks, in either the 2,566
current or preceding calendar year whether or not the same 2,567
individual was in employment in each day; or 2,568
(e) Is not otherwise an employer as defined under division 2,570
(A)(1)(a) or (b) of this section; and 2,571
(i) For which, within either the current or preceding 2,573
calendar year, service, except for domestic service in a private 2,574
home not covered under division (A)(1)(c) of this section, is or 2,575
was performed with respect to which such employer is liable for 2,576
any federal tax against which credit may be taken for 2,577
contributions required to be paid into a state unemployment fund; 2,578
(ii) Which, as a condition for approval of this chapter 2,580
for full tax credit against the tax imposed by the "Federal 2,581
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301, is 2,582
required, pursuant to such act to be an employer under this 2,583
chapter; or 2,584
(iii) Who became an employer by election under division 2,586
(A)(4) or (5) of this section and for the duration of such 2,587
election; or 2,588
(f) In the case of the state, its instrumentalities, its 2,590
political subdivisions, and their instrumentalities, had in 2,591
employment, as defined in division (B)(2)(a) of this section, at 2,592
60
least one individual; 2,593
(g) For the purposes of division (A)(1)(a) of this 2,595
section, if any week includes both the thirty-first day of 2,596
December and the first day of January, the days of that week 2,597
before the first day of January shall be considered one calendar 2,598
week and the days beginning the first day of January another 2,599
week. 2,600
(2) Each individual employed to perform or to assist in 2,602
performing the work of any agent or employee of an employer is 2,603
employed by such employer for all the purposes of this chapter, 2,604
whether such individual was hired or paid directly by such 2,605
employer or by such agent or employee, provided the employer had 2,606
actual or constructive knowledge of the work. All individuals 2,607
performing services for an employer of any person in this state 2,608
who maintains two or more establishments within this state are 2,609
employed by a single employer for the purposes of this chapter. 2,610
(3) An employer subject to this chapter within any 2,612
calendar year is subject to this chapter during the whole of such 2,613
year and during the next succeeding calendar year. 2,614
(4) An employer not otherwise subject to this chapter who 2,616
files with the administrator of the bureau of employment services 2,617
a written election to become an employer subject to this chapter 2,619
for not less than two calendar years shall, with the written 2,620
approval of such election by the administrator, become an
employer subject to this chapter to the same extent as all other 2,621
employers as of the date stated in such approval, and shall cease 2,622
to be subject to this chapter as of the first day of January of 2,623
any calendar year subsequent to such two calendar years only if 2,624
at least thirty days prior to such first day of January the 2,625
employer has filed with the administrator a written notice to 2,626
that effect.
(5) Any employer for whom services that do not constitute 2,628
employment are performed may file with the administrator a 2,629
written election that all such services performed by individuals 2,630
61
in the employer's employ in one or more distinct establishments 2,631
or places of business shall be deemed to constitute employment 2,632
for all the purposes of this chapter, for not less than two 2,633
calendar years. Upon written approval of the election by the 2,634
administrator, such services shall be deemed to constitute 2,635
employment subject to this chapter from and after the date stated 2,636
in such approval. Such services shall cease to be employment 2,637
subject to this chapter as of the first day of January of any 2,638
calendar year subsequent to such two calendar years only if at 2,639
least thirty days prior to such first day of January such 2,640
employer has filed with the administrator a written notice to 2,641
that effect.
(B)(1) "Employment" means: 2,643
(a) Service performed for wages under any contract of 2,645
hire, written or oral, express or implied, including service 2,646
performed in interstate commerce and service performed by an 2,647
officer of a corporation, without regard to whether such service 2,648
is executive, managerial, or manual in nature, and without regard 2,649
to whether such officer is a stockholder or a member of the board 2,650
of directors of the corporation; 2,651
(b) Services performed by an individual for remuneration 2,653
unless it is shown to the satisfaction of the administrator that 2,654
such individual: 2,655
(i) Has been and will continue to be free from control or 2,657
direction over the performance of such service, both under a 2,658
contract of service and in fact; 2,659
(ii) That such service is outside the usual course of the 2,661
business for which service is performed; and 2,662
(iii) That such individual is customarily engaged in an 2,664
independently established trade, occupation, profession, or 2,665
business. 2,666
(2) "Employment" includes: 2,668
(a) Service performed after December 31, 1977, by an 2,670
individual in the employ of the state or any of its 2,671
62
instrumentalities, or any political subdivision thereof or any of 2,672
its instrumentalities or any instrumentality of more than one of 2,673
the foregoing or any instrumentality of any of the foregoing and 2,674
one or more other states or political subdivisions and without 2,675
regard to divisions (A)(1)(a) and (b) of this section, provided 2,676
that such service is excluded from employment as defined in the 2,677
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 2,678
3306(c)(7) and is not excluded under division (B)(3) of this 2,679
section; or the services of employees covered by voluntary 2,680
election, as provided under divisions (A)(4) and (5) of this 2,681
section; 2,682
(b) Service performed after December 31, 1971, by an 2,684
individual in the employ of a religious, charitable, educational, 2,685
or other organization which is excluded from the term 2,686
"employment" as defined in the "Federal Unemployment Tax Act," 84 2,687
Stat. 713, 26 U.S.C.A. 3301, solely by reason of section 26 2,688
U.S.C.A. 3306(c)(8) of that act and is not excluded under 2,689
division (B)(3) of this section; 2,690
(c) Domestic service performed after December 31, 1977, 2,692
for an employer, as provided in division (A)(1)(c) of this 2,693
section; 2,694
(d) Agricultural labor performed after December 31, 1977, 2,696
for a farm operator or a crew leader, as provided in division 2,697
(A)(1)(d) of this section; 2,698
(e) Service not covered under division (B)(1)(b) of this 2,700
section which is performed after December 31, 1971: 2,701
(i) As an agent-driver or commission-driver engaged in 2,703
distributing meat products, vegetable products, fruit products, 2,704
bakery products, beverages other than milk, laundry, or 2,705
dry-cleaning services, for the individual's employer or 2,706
principal; 2,707
(ii) As a traveling or city salesperson, other than as an 2,709
agent-driver or commission-driver, engaged on a full-time basis 2,710
in the solicitation on behalf of and in the transmission to the 2,712
63
salesperson's employer or principal except for sideline sales 2,713
activities on behalf of some other person of orders from 2,714
wholesalers, retailers, contractors, or operators of hotels, 2,715
restaurants, or other similar establishments for merchandise for 2,716
resale, or supplies for use in their business operations, 2,717
provided that for the purposes of this division (B)(2)(e)(ii) of 2,718
this section, the services shall be deemed employment if the 2,719
contract of service contemplates that substantially all of the 2,720
services are to be performed personally by the individual and 2,721
that the individual does not have a substantial investment in 2,722
facilities used in connection with the performance of the 2,723
services other than in facilities for transportation, and the 2,724
services are not in the nature of a single transaction that is 2,725
not a part of a continuing relationship with the person for whom 2,726
the services are performed. 2,727
(f) An individual's entire service performed within or 2,729
both within and without the state if: 2,730
(i) The service is localized in this state. 2,732
(ii) The service is not localized in any state, but some 2,734
of the service is performed in this state and either the base of 2,735
operations, or if there is no base of operations then the place 2,736
from which such service is directed or controlled, is in this 2,737
state or the base of operations or place from which such service 2,738
is directed or controlled is not in any state in which some part 2,739
of the service is performed but the individual's residence is in 2,740
this state. 2,741
(g) Service not covered under division (B)(2)(f)(ii) of 2,743
this section and performed entirely without this state, with 2,744
respect to no part of which contributions are required and paid 2,745
under an unemployment compensation law of any other state, the 2,746
Virgin Islands, Canada, or of the United States, if the 2,747
individual performing such service is a resident of this state 2,748
and the administrator of the bureau of employment services 2,749
approves the election of the employer for whom such services are 2,750
64
performed; or, if the individual is not a resident of this state 2,752
but the place from which the service is directed or controlled is 2,753
in this state, the entire services of such individual shall be 2,754
deemed to be employment subject to this chapter, provided service 2,755
is deemed to be localized within this state if the service is 2,756
performed entirely within this state or if the service is 2,757
performed both within and without this state but the service 2,758
performed without this state is incidental to the individual's 2,759
service within the state, for example, is temporary or transitory 2,760
in nature or consists of isolated transactions; 2,761
(h) Service of an individual who is a citizen of the 2,763
United States, performed outside the United States except in 2,764
Canada after December 31, 1971, or the Virgin Islands, after 2,765
December 31, 1971, and before the first day of January of the 2,766
year following that in which the United States secretary of labor 2,767
approves the Virgin Islands law for the first time, in the employ 2,768
of an American employer, other than service which is "employment" 2,769
under divisions (B)(2)(f) and (g) of this section or similar 2,770
provisions of another state's law, if: 2,771
(i) The employer's principal place of business in the 2,773
United States is located in this state; 2,774
(ii) The employer has no place of business in the United 2,776
States, but the employer is an individual who is a resident of 2,777
this state; or the employer is a corporation which is organized 2,778
under the laws of this state, or the employer is a partnership or 2,779
a trust and the number of partners or trustees who are residents 2,780
of this state is greater than the number who are residents of any 2,781
other state; or 2,782
(iii) None of the criteria of divisions (B)(2)(f)(i) and 2,784
(ii) of this section is met but the employer has elected coverage 2,785
in this state or the employer having failed to elect coverage in 2,786
any state, the individual has filed a claim for benefits, based 2,787
on such service, under this chapter. 2,788
(i) For the purposes of division (B)(2)(h) of this 2,790
65
section, the term "American employer" means an employer who is an 2,791
individual who is a resident of the United States; or a 2,792
partnership, if two-thirds or more of the partners are residents 2,793
of the United States; or a trust, if all of the trustees are 2,794
residents of the United States; or a corporation organized under 2,795
the laws of the United States or of any state, provided the term 2,796
"United States" includes the states, the District of Columbia, 2,797
the Commonwealth of Puerto Rico, and the Virgin Islands. 2,798
(j) Notwithstanding any other provisions of divisions 2,800
(B)(1) and (2) of this section, service, except for domestic 2,801
service in a private home not covered under division (A)(1)(c) of 2,802
this section, with respect to which a tax is required to be paid 2,803
under any federal law imposing a tax against which credit may be 2,804
taken for contributions required to be paid into a state 2,805
unemployment fund, or service, except for domestic service in a 2,806
private home not covered under division (A)(1)(c) of this 2,807
section, which, as a condition for full tax credit against the 2,808
tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713, 2,809
26 U.S.C.A. 3301, is required to be covered under this chapter. 2,810
(k) Construction services performed by any individual 2,812
under a construction contract, as defined in section 4141.39 of 2,813
the Revised Code, if the administrator determines that the 2,814
employer for whom services are performed has the right to direct 2,816
or control the performance of the services and that the
individuals who perform the services receive remuneration for the 2,817
services performed. The administrator shall presume that the 2,818
employer for whom services are performed has the right to direct 2,819
or control the performance of the services if ten or more of the 2,820
following criteria apply:
(i) The employer directs or controls the manner or method 2,823
by which instructions are given to the individual performing
services; 2,824
(ii) The employer requires particular training for the 2,827
individual performing services;
66
(iii) Services performed by the individual are integrated 2,830
into the regular functioning of the employer;
(iv) The employer requires that services be provided by a 2,833
particular individual;
(v) The employer hires, supervises, or pays the wages of 2,836
the individual performing services;
(vi) A continuing relationship between the employer and 2,839
the individual performing services exists which contemplates
continuing or recurring work, even if not full-time work; 2,840
(vii) The employer requires the individual to perform 2,843
services during established hours;
(viii) The employer requires that the individual 2,845
performing services be devoted on a full-time basis to the 2,846
business of the employer; 2,847
(ix) The employer requires the individual to perform 2,849
services on the employer's premises; 2,850
(x) The employer requires the individual performing 2,852
services to follow the order of work established by the employer; 2,853
(xi) The employer requires the individual performing 2,855
services to make oral or written reports of progress; 2,856
(xii) The employer makes payment to the individual for 2,859
services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual 2,861
performing services; 2,862
(xiv) The employer furnishes the tools and materials for 2,865
use by the individual to perform services;
(xv) The individual performing services has not invested 2,868
in the facilities used to perform services;
(xvi) The individual performing services does not realize 2,871
a profit or suffer a loss as a result of the performance of the
services; 2,872
(xvii) The individual performing services is not 2,874
performing services for more than two employers simultaneously; 2,875
(xviii) The individual performing services does not make 2,878
67
the services available to the general public;
(xix) The employer has a right to discharge the individual 2,881
performing services;
(xx) The individual performing services has the right to 2,884
end the individual's relationship with the employer without
incurring liability pursuant to an employment contract or 2,885
agreement.
(3) "Employment" does not include the following services 2,887
if they are found not subject to the "Federal Unemployment Tax 2,888
Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301, and if the services 2,889
are not required to be included under division (B)(2)(j) of this 2,890
section: 2,891
(a) Service performed after December 31, 1977, in 2,893
agricultural labor, except as provided in division (A)(1)(d) of 2,894
this section; 2,895
(b) Domestic service performed after December 31, 1977, in 2,897
a private home, local college club, or local chapter of a college 2,898
fraternity or sorority except as provided in division (A)(1)(c) 2,899
of this section; 2,900
(c) Service performed after December 31, 1977, for this 2,902
state or a political subdivision as described in division (B)(2) 2,903
(a) of this section when performed: 2,904
(i) As a publicly elected official; 2,906
(ii) As a member of a legislative body, or a member of the 2,908
judiciary; 2,909
(iii) As a military member of the state national guard or 2,911
air national guard; 2,912
(iv) As an employee, not in the classified service as 2,914
defined in section 124.11 of the Revised Code, serving on a 2,915
temporary basis in case of fire, storm, snow, earthquake, flood, 2,916
or similar emergency; 2,917
(v) In a position which, under or pursuant to law, is 2,919
designated as a major nontenured policymaking or advisory 2,920
position, not in the classified service of the state, or a 2,921
68
policymaking or advisory position the performance of the duties 2,922
of which ordinarily does not require more than eight hours per 2,923
week. 2,924
(d) In the employ of any governmental unit or 2,926
instrumentality of the United States; 2,927
(e) Service performed after December 31, 1971: 2,929
(i) Service in the employ of an educational institution or 2,931
institution of higher education, including those operated by the 2,932
state or a political subdivision, if such service is performed by 2,933
a student who is enrolled and is regularly attending classes at 2,934
the educational institution or institution of higher education; 2,935
or 2,936
(ii) By an individual who is enrolled at a nonprofit or 2,938
public educational institution which normally maintains a regular 2,939
faculty and curriculum and normally has a regularly organized 2,940
body of students in attendance at the place where its educational 2,941
activities are carried on as a student in a full-time program, 2,942
taken for credit at the institution, which combines academic 2,943
instruction with work experience, if the service is an integral 2,944
part of the program, and the institution has so certified to the 2,945
employer, provided that this subdivision shall not apply to 2,946
service performed in a program established for or on behalf of an 2,947
employer or group of employers; 2,948
(f) Service performed by an individual in the employ of 2,950
the individual's son, daughter, or spouse and service performed 2,951
by a child under the age of eighteen in the employ of the child's 2,952
father or mother;
(g) Service performed for one or more principals by an 2,954
individual who is compensated on a commission basis, who in the 2,955
performance of the work is master of the individual's own time 2,957
and efforts, and whose remuneration is wholly dependent on the 2,958
amount of effort the individual chooses to expend, and which 2,959
service is not subject to the "Federal Unemployment Tax Act," 53 2,960
Stat. 183 (1939), 26 U.S.C.A. 3301. Service performed after 2,961
69
December 31, 1971:
(i) By an individual for an employer as an insurance agent 2,963
or as an insurance solicitor, if all this service is performed 2,964
for remuneration solely by way of commission; 2,965
(ii) As a home worker performing work, according to 2,967
specifications furnished by the employer for whom the services 2,968
are performed, on materials or goods furnished by such employer 2,969
which are required to be returned to the employer or to a person 2,970
designated for that purpose. 2,971
(h) Service performed after December 31, 1971: 2,973
(i) In the employ of a church or convention or association 2,975
of churches, or in an organization which is operated primarily 2,976
for religious purposes and which is operated, supervised, 2,977
controlled, or principally supported by a church or convention or 2,978
association of churches; 2,979
(ii) By a duly ordained, commissioned, or licensed 2,981
minister of a church in the exercise of the individual's ministry 2,983
or by a member of a religious order in the exercise of duties 2,984
required by such order; or 2,985
(iii) In a facility conducted for the purpose of carrying 2,987
out a program of rehabilitation for individuals whose earning 2,988
capacity is impaired by age or physical or mental deficiency or 2,989
injury, or providing remunerative work for individuals who 2,990
because of their impaired physical or mental capacity cannot be 2,991
readily absorbed in the competitive labor market, by an 2,992
individual receiving such rehabilitation or remunerative work; 2,993
(i) Service performed after June 30, 1939, with respect to 2,995
which unemployment compensation is payable under the "Railroad 2,996
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351; 2,997
(j) Service performed by an individual in the employ of 2,999
any organization exempt from income tax under section 501 of the 3,000
"Internal Revenue Code of 1954," if the remuneration for such 3,001
service does not exceed fifty dollars in any calendar quarter, or 3,002
if such service is in connection with the collection of dues or 3,003
70
premiums for a fraternal beneficial society, order, or 3,004
association and is performed away from the home office or is 3,005
ritualistic service in connection with any such society, order, 3,006
or association; 3,007
(k) Casual labor not in the course of an employer's trade 3,009
or business; incidental service performed by an officer, 3,010
appraiser, or member of a finance committee of a bank, building 3,011
and loan association, savings and loan association, or savings 3,012
association when the remuneration for such incidental service 3,013
exclusive of the amount paid or allotted for directors' fees does 3,014
not exceed sixty dollars per calendar quarter is casual labor; 3,015
(l) Service performed in the employ of a voluntary 3,017
employees' beneficial association providing for the payment of 3,018
life, sickness, accident, or other benefits to the members of 3,019
such association or their dependents or their designated 3,020
beneficiaries, if admission to a membership in such association 3,021
is limited to individuals who are officers or employees of a 3,022
municipal or public corporation, of a political subdivision of 3,023
the state, or of the United States and no part of the net 3,024
earnings of such association inures, other than through such 3,025
payments, to the benefit of any private shareholder or 3,026
individual; 3,027
(m) Service performed by an individual in the employ of a 3,029
foreign government, including service as a consular or other 3,030
officer or employee or of a nondiplomatic representative; 3,031
(n) Service performed in the employ of an instrumentality 3,033
wholly owned by a foreign government if the service is of a 3,034
character similar to that performed in foreign countries by 3,035
employees of the United States or of an instrumentality thereof 3,036
and if the administrator finds that the secretary of state of the 3,037
United States has certified to the secretary of the treasury of 3,038
the United States that the foreign government, with respect to 3,039
whose instrumentality exemption is claimed, grants an equivalent 3,040
exemption with respect to similar service performed in the 3,041
71
foreign country by employees of the United States and of 3,042
instrumentalities thereof; 3,043
(o) Service with respect to which unemployment 3,045
compensation is payable under an unemployment compensation system 3,046
established by an act of congress; 3,047
(p) Service performed as a student nurse in the employ of 3,049
a hospital or a nurses' training school by an individual who is 3,050
enrolled and is regularly attending classes in a nurses' training 3,051
school chartered or approved pursuant to state law, and service 3,052
performed as an intern in the employ of a hospital by an 3,053
individual who has completed a four years' course in a medical 3,054
school chartered or approved pursuant to state law; 3,055
(q) Service performed by an individual under the age of 3,057
eighteen in the delivery or distribution of newspapers or 3,058
shopping news, not including delivery or distribution to any 3,059
point for subsequent delivery or distribution; 3,060
(r) Service performed in the employ of the United States 3,062
or an instrumentality of the United States immune under the 3,063
constitution of the United States from the contributions imposed 3,064
by this chapter, except that to the extent that congress permits 3,065
states to require any instrumentalities of the United States to 3,066
make payments into an unemployment fund under a state 3,067
unemployment compensation act, this chapter shall be applicable 3,068
to such instrumentalities and to services performed for such 3,069
instrumentalities in the same manner, to the same extent, and on 3,070
the same terms as to all other employers, individuals, and 3,071
services, provided that if this state is not certified for any 3,072
year by the proper agency of the United States under section 3304 3,073
of the "Internal Revenue Code of 1954," the payments required of 3,074
such instrumentalities with respect to such year shall be 3,075
refunded by the administrator from the fund in the same manner 3,076
and within the same period as is provided in division (E) of 3,077
section 4141.09 of the Revised Code with respect to contributions 3,078
erroneously collected; 3,079
72
(s) Service performed by an individual as a member of a 3,081
band or orchestra, provided such service does not represent the 3,082
principal occupation of such individual, and which service is not 3,083
subject to or required to be covered for full tax credit against 3,084
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 3,085
183 (1939), 26 U.S.C.A. 3301. Service performed after December 3,086
31, 1971, for a nonprofit organization, this state or its 3,087
instrumentalities, or a political subdivision or its 3,088
instrumentalities, as part of an unemployment work-relief or 3,089
work-training program assisted or financed in whole or in part by 3,090
any federal agency or an agency of a state or political 3,091
subdivision thereof, by an individual receiving the work-relief 3,092
or work-training. 3,093
(t) Service performed in the employ of a day camp whose 3,095
camping season does not exceed twelve weeks in any calendar year, 3,096
and which service is not subject to the "Federal Unemployment Tax 3,097
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301. Service performed 3,098
after December 31, 1971: 3,099
(i) In the employ of a hospital, if the service is 3,101
performed by a patient of the hospital, as defined in division 3,102
(W) of this section; 3,103
(ii) For a prison or other correctional institution by an 3,105
inmate of the prison or correctional institution; 3,106
(iii) Service performed after December 31, 1977, by an 3,108
inmate of a custodial institution operated by the state, a 3,109
political subdivision, or a nonprofit organization. 3,110
(u) Notwithstanding any other provisions of division 3,112
(B)(3) of this section, services which are excluded under 3,113
divisions (B)(3)(g), (j), (k), and (l) of this section, shall not 3,114
be excluded from employment when performed for a nonprofit 3,115
organization, as defined in division (X) of this section or for 3,116
this state or its instrumentalities, or for a political 3,117
subdivision or its instrumentalities. 3,118
(4) If the services performed during one half or more of 3,120
73
any pay period by an employee for the person employing that 3,121
employee constitute employment, all the services of such employee 3,122
for such period shall be deemed to be employment; but if the 3,124
services performed during more than one half of any such pay 3,125
period by an employee for the person employing that employee do 3,126
not constitute employment, then none of the services of such 3,128
employee for such period shall be deemed to be employment. As 3,129
used in division (B)(4) of this section, "pay period" means a 3,130
period, of not more than thirty-one consecutive days, for which 3,131
payment of remuneration is ordinarily made to the employee by the 3,132
person employing that employee. Division (B)(4) of this section 3,133
does not apply to services performed in a pay period by an 3,134
employee for the person employing that employee, if any of such 3,136
service is excepted by division (B)(3)(o) of this section. 3,138
(C) "Benefits" means money payments payable to an 3,140
individual who has established benefit rights, as provided in 3,141
this chapter, for loss of remuneration due to the individual's 3,142
unemployment.
(D) "Benefit rights" means the weekly benefit amount and 3,144
the maximum benefit amount that may become payable to an 3,145
individual within the individual's benefit year as determined by 3,146
the administrator or the administrator's deputy. 3,147
(E) "Claim for benefits" means a claim for waiting period 3,149
or benefits for a designated week. 3,150
(F) "Additional claim" means the first claim for benefits 3,152
filed following any separation from employment during a benefit 3,153
year; "continued claim" means any claim other than the first 3,154
claim for benefits and other than an additional claim. 3,155
(G)(1) "Wages" means remuneration paid to an employee by 3,157
each of the employee's employers with respect to employment; 3,158
except that wages shall not include that part of remuneration 3,159
paid during any calendar year to an individual by an employer or 3,160
such employer's predecessor in interest in the same business or 3,161
enterprise, which in any calendar year is in excess of eight 3,162
74
thousand two hundred fifty dollars on and after January 1, 1992; 3,163
eight thousand five hundred dollars on and after January 1, 1993; 3,164
eight thousand seven hundred fifty dollars on and after January 3,165
1, 1994; and nine thousand dollars on and after January 1, 1995. 3,166
Remuneration in excess of such amounts shall be deemed wages 3,167
subject to contribution to the same extent that such remuneration 3,168
is defined as wages under the "Federal Unemployment Compensation 3,169
Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301, as amended. The 3,170
remuneration paid an employee by an employer with respect to 3,171
employment in another state, upon which contributions were 3,172
required and paid by such employer under the unemployment 3,173
compensation act of such other state, shall be included as a part 3,174
of remuneration in computing the amount specified in this 3,175
division. 3,176
(2) Notwithstanding division (G)(1) of this section, if, 3,178
as of the computation date for any calendar year, the 3,179
administrator determines that the level of the unemployment 3,180
compensation fund is sixty per cent or more below the minimum 3,181
safe level as defined in section 4141.25 of the Revised Code, 3,182
then, effective the first day of January of the following 3,183
calendar year, wages subject to this chapter shall not include 3,184
that part of remuneration paid during any calendar year to an 3,185
individual by an employer or such employer's predecessor in 3,186
interest in the same business or enterprise which is in excess of 3,187
nine thousand dollars. The increase in the dollar amount of 3,188
wages subject to this chapter under this division shall remain in 3,189
effect from the date of the administrator's determination 3,190
pursuant to division (G)(2) of this section and thereafter 3,191
notwithstanding the fact that the level in the fund may 3,192
subsequently become less than sixty per cent below the minimum 3,193
safe level. 3,194
(H)(1) "Remuneration" means all compensation for personal 3,196
services, including commissions and bonuses and the cash value of 3,197
all compensation in any medium other than cash, except that in 3,198
75
the case of agricultural or domestic service, "remuneration" 3,199
includes only cash remuneration. Gratuities customarily received 3,200
by an individual in the course of the individual's employment 3,201
from persons other than the individual's employer and which are 3,202
accounted for by such individual to the individual's employer are 3,203
taxable wages.
The reasonable cash value of compensation paid in any 3,205
medium other than cash shall be estimated and determined in 3,206
accordance with rules prescribed by the administrator, provided 3,207
that "remuneration" does not include: 3,208
(a) Payments as provided in divisions (b)(2) to (b)(16) of 3,210
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713, 3,211
26 U.S.C.A. 3301, as amended; 3,212
(b) The payment by an employer, without deduction from the 3,214
remuneration of the individual in the employer's employ, of the 3,215
tax imposed upon an individual in the employer's employ under 3,216
section 3101 of the "Internal Revenue Code of l954," with respect 3,218
to services performed after October 1, 1941. 3,219
(2) "Cash remuneration" means all remuneration paid in 3,221
cash, including commissions and bonuses, but not including the 3,222
cash value of all compensation in any medium other than cash. 3,223
(I) "Interested party" means the administrator and any 3,225
party to whom notice of a determination of an application for 3,226
benefit rights or a claim for benefits is required to be given 3,227
under section 4141.28 of the Revised Code. 3,228
(J) "Annual payroll" means the total amount of wages 3,230
subject to contributions during a twelve-month period ending with 3,231
the last day of the second calendar quarter of any calendar year. 3,232
(K) "Average annual payroll" means the average of the last 3,234
three annual payrolls of an employer, provided that if, as of any 3,235
computation date, the employer has had less than three annual 3,236
payrolls in such three-year period, such average shall be based 3,237
on the annual payrolls which the employer has had as of such 3,238
date.
76
(L)(1) "Contributions" means the money payments to the 3,240
state unemployment compensation fund required of employers by 3,241
section 4141.25 of the Revised Code and of the state and any of 3,242
its political subdivisions electing to pay contributions under 3,243
section 4141.242 of the Revised Code. Employers paying 3,244
contributions shall be described as "contributory employers." 3,245
(2) "Payments in lieu of contributions" means the money 3,247
payments to the state unemployment compensation fund required of 3,248
reimbursing employers under sections 4141.241 and 4141.242 of the 3,249
Revised Code. 3,250
(M) An individual is "totally unemployed" in any week 3,252
during which the individual performs no services and with respect 3,253
to such week no remuneration is payable to the individual. 3,254
(N) An individual is "partially unemployed" in any week 3,256
if, due to involuntary loss of work, the total remuneration 3,257
payable to the individual for such week is less than the 3,258
individual's weekly benefit amount. 3,259
(O) "Week" means the calendar week ending at midnight 3,261
Saturday unless an equivalent week of seven consecutive calendar 3,262
days is prescribed by the administrator. 3,263
(1) "Qualifying week" means any calendar week in an 3,265
individual's base period with respect to which the individual 3,266
earns or is paid remuneration in employment subject to this 3,268
chapter. A calendar week with respect to which an individual 3,269
earns remuneration but for which payment was not made within the 3,270
base period may, when necessary to qualify for benefit rights, be 3,271
considered to be a qualifying week. The number of qualifying 3,272
weeks which may be established in a calendar quarter shall not 3,273
exceed the number of calendar weeks in the quarter. 3,274
(2) "Average weekly wage" means the amount obtained by 3,276
dividing an individual's total remuneration for all qualifying 3,277
weeks during the base period by the number of such qualifying 3,278
weeks, provided that if the computation results in an amount 3,279
which is not a multiple of one dollar, such amount shall be 3,280
77
rounded to the next lower multiple of one dollar. 3,281
(P) "Weekly benefit amount" means the amount of benefits 3,283
an individual would be entitled to receive for one week of total 3,284
unemployment. 3,285
(Q)(1) "Base period" means the first four of the last five 3,287
completed calendar quarters immediately preceding the first day 3,288
of an individual's benefit year, except as provided in division 3,289
(Q)(2) of this section. 3,290
(2) If an individual does not have sufficient qualifying 3,292
weeks and wages in the base period to qualify for benefit rights, 3,293
his THE INDIVIDUAL'S base period shall be the four most recently 3,294
completed calendar quarters preceding the first day of the 3,296
individual's benefit year. Such base period shall be known as 3,297
the "alternate base period." If information as to weeks and 3,298
wages for the most recent quarter of the alternate base period is 3,299
not available to the administrator from the regular quarterly 3,300
reports of wage information, which are systematically accessible, 3,301
the administrator may, consistent with the provisions of section 3,302
4141.28 of the Revised Code, base the determination of 3,303
eligibility for benefits on the affidavit of the claimant with 3,304
respect to weeks and wages for that calendar quarter. The 3,305
claimant shall furnish payroll documentation, where available, in 3,306
support of the affidavit. The determination based upon the 3,307
alternate base period as it relates to the claimant's benefit 3,308
rights, shall be amended when the quarterly report of wage 3,309
information from the employer is timely received and that 3,310
information causes a change in the determination. As provided in 3,311
division (B)(1)(b) of section 4141.28 of the Revised Code, any 3,312
benefits paid and charged to an employer's account, based upon a 3,313
claimant's affidavit, shall be adjusted effective as of the 3,314
beginning of the claimant's benefit year. No calendar quarter in 3,315
a base period or alternate base period shall be used to establish 3,316
a subsequent benefit year. 3,317
(3) The "base period" of a combined wage claim, as 3,319
78
described in division (H) of section 4141.43 of the Revised Code, 3,320
shall be the base period prescribed by the law of the state in 3,321
which the claim is allowed. 3,322
(R) "Benefit year" with respect to an individual means the 3,324
fifty-two week period beginning with the first day of that week 3,325
with respect to which the individual first files a valid 3,326
application for determination of benefit rights, and thereafter 3,328
the fifty-two week period beginning with the first day of that 3,329
week with respect to which the individual next files a valid 3,330
application for determination of benefit rights after the 3,331
termination of the individual's last preceding benefit year, 3,332
except that the application shall not be considered valid unless 3,334
the individual has had employment in six weeks that is subject to 3,335
this chapter or the unemployment compensation act of another 3,336
state, or the United States, and has, since the beginning of the 3,337
individual's previous benefit year, in the employment earned 3,338
three times the average weekly wage determined for the previous 3,339
benefit year. The "benefit year" of a combined wage claim, as 3,340
described in division (H) of section 4141.43 of the Revised Code, 3,341
shall be the benefit year prescribed by the law of the state in 3,342
which the claim is allowed. Any application for determination of 3,343
benefit rights made in accordance with section 4141.28 of the 3,344
Revised Code is valid if the individual filing such application 3,345
is unemployed, has been employed by an employer or employers 3,346
subject to this chapter, in at least twenty qualifying weeks 3,347
within the individual's base period, and in such weeks has earned 3,348
or been paid remuneration at an average weekly wage, beginning on 3,349
and after January 1, 1992, of not less than twenty-seven and 3,350
one-half per cent of the statewide average weekly wage. The 3,351
statewide average weekly wage shall be calculated by the
administrator once a year based on the twelve-month period ending 3,352
the thirtieth day of June, as set forth in division (B)(3) of 3,354
section 4141.30 of the Revised Code, rounded down to the nearest 3,355
dollar. Increases or decreases in the amount of remuneration
79
required to have been earned or paid in order for individuals to 3,356
have filed valid applications shall become effective on Sunday of 3,357
the calendar week in which the first day of January occurs that 3,358
follows the twelve-month period ending the thirtieth day of June 3,359
upon which the calculation of the statewide average weekly wage 3,360
was based.
As used in this division, an individual is "unemployed" if, 3,362
with respect to the calendar week in which such application is 3,364
filed, the individual is "partially unemployed" or "totally 3,366
unemployed" as defined in this section or if, prior to filing the 3,367
application, the individual was separated from the individual's 3,369
most recent work for any reason which terminated the individual's 3,370
employee-employer relationship, or was laid off indefinitely or 3,371
for a definite period of seven or more days. 3,372
(S) "Calendar quarter" means the period of three 3,374
consecutive calendar months ending on the thirty-first day of 3,375
March, the thirtieth day of June, the thirtieth day of September, 3,376
and the thirty-first day of December, or the equivalent thereof 3,377
as the administrator prescribes by rule. 3,378
(T) "Computation date" means the first day of the third 3,380
calendar quarter of any calendar year. 3,381
(U) "Contribution period" means the calendar year 3,383
beginning on the first day of January of any year. 3,384
(V) "Agricultural labor," for the purpose of this 3,386
division, means any service performed prior to January 1, 1972, 3,387
which was agricultural labor as defined in this division prior to 3,388
that date, and service performed after December 31, 1971: 3,389
(1) On a farm, in the employ of any person, in connection 3,391
with cultivating the soil, or in connection with raising or 3,392
harvesting any agricultural or horticultural commodity, including 3,393
the raising, shearing, feeding, caring for, training, and 3,394
management of livestock, bees, poultry, and fur-bearing animals 3,395
and wildlife; 3,396
(2) In the employ of the owner or tenant or other operator 3,398
80
of a farm in connection with the operation, management, 3,399
conservation, improvement, or maintenance of such farm and its 3,400
tools and equipment, or in salvaging timber or clearing land of 3,401
brush and other debris left by hurricane, if the major part of 3,402
such service is performed on a farm; 3,403
(3) In connection with the production or harvesting of any 3,405
commodity defined as an agricultural commodity in section 15 (g) 3,406
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 3,407
U.S.C. 1141j, as amended, or in connection with the ginning of 3,408
cotton, or in connection with the operation or maintenance of 3,409
ditches, canals, reservoirs, or waterways, not owned or operated 3,410
for profit, used exclusively for supplying and storing water for 3,411
farming purposes; 3,412
(4) In the employ of the operator of a farm in handling, 3,414
planting, drying, packing, packaging, processing, freezing, 3,415
grading, storing, or delivering to storage or to market or to a 3,416
carrier for transportation to market, in its unmanufactured 3,417
state, any agricultural or horticultural commodity, but only if 3,418
the operator produced more than one half of the commodity with 3,419
respect to which such service is performed; 3,420
(5) In the employ of a group of operators of farms, or a 3,422
cooperative organization of which the operators are members, in 3,423
the performance of service described in division (V)(4) of this 3,424
section, but only if the operators produced more than one-half of 3,425
the commodity with respect to which the service is performed; 3,426
(6) Divisions (V)(4) and (5) of this section shall not be 3,428
deemed to be applicable with respect to service performed: 3,429
(a) In connection with commercial canning or commercial 3,431
freezing or in connection with any agricultural or horticultural 3,432
commodity after its delivery to a terminal market for 3,433
distribution for consumption; or 3,434
(b) On a farm operated for profit if the service is not in 3,436
the course of the employer's trade or business. 3,437
As used in division (V) of this section, "farm" includes 3,439
81
stock, dairy, poultry, fruit, fur-bearing animal, and truck 3,440
farms, plantations, ranches, nurseries, ranges, greenhouses, or 3,441
other similar structures used primarily for the raising of 3,442
agricultural or horticultural commodities and orchards. 3,443
(W) "Hospital" means an institution which has been 3,445
registered or licensed by the Ohio department of health as a 3,446
hospital. 3,447
(X) "Nonprofit organization" means an organization, or 3,449
group of organizations, described in section 501(c)(3) of the 3,450
"Internal Revenue Code of 1954," and exempt from income tax under 3,451
section 501(a) of that code. 3,452
(Y) "Institution of higher education" means a public or 3,454
nonprofit educational institution which: 3,455
(1) Admits as regular students only individuals having a 3,457
certificate of graduation from a high school, or the recognized 3,458
equivalent; 3,459
(2) Is legally authorized in this state to provide a 3,461
program of education beyond high school; and 3,462
(3) Provides an educational program for which it awards a 3,464
bachelor's or higher degree, or provides a program which is 3,465
acceptable for full credit toward such a degree, a program of 3,466
post-graduate or post-doctoral studies, or a program of training 3,467
to prepare students for gainful employment in a recognized 3,468
occupation. 3,469
For the purposes of this division, all colleges and 3,471
universities in this state are institutions of higher education. 3,472
(Z) For the purposes of this chapter, "states" includes 3,474
the District of Columbia, the Commonwealth of Puerto Rico, and 3,475
the Virgin Islands. 3,476
(AA) "Alien" means, for the purposes of division (A)(1)(d) 3,478
of this section, an individual who is an alien admitted to the 3,479
United States to perform service in agricultural labor pursuant 3,480
to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 3,481
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101. 3,482
82
(BB)(1) "Crew leader" means an individual who furnishes 3,484
individuals to perform agricultural labor for any other employer 3,485
or farm operator, and: 3,486
(a) Pays, either on the individual's own behalf or on 3,489
behalf of the other employer or farm operator, the individuals so 3,491
furnished by the individual for the service in agricultural labor 3,492
performed by them; 3,493
(b) Has not entered into a written agreement with the 3,495
other employer or farm operator under which the agricultural 3,496
worker is designated as in the employ of the other employer or 3,497
farm operator. 3,498
(2) For the purposes of this chapter, any individual who 3,500
is a member of a crew furnished by a crew leader to perform 3,501
service in agricultural labor for any other employer or farm 3,502
operator shall be treated as an employee of the crew leader if: 3,503
(a) The crew leader holds a valid certificate of 3,505
registration under the "Farm Labor Contractor Registration Act of 3,506
1963," 90 Stat. 2668, 7 U.S.C. 2041; or 3,507
(b) Substantially all the members of the crew operate or 3,509
maintain tractors, mechanized harvesting or crop-dusting 3,510
equipment, or any other mechanized equipment, which is provided 3,511
by the crew leader; and 3,512
(c) If the individual is not in the employment of the 3,514
other employer or farm operator within the meaning of division 3,515
(B)(1) of this section. 3,516
(3) For the purposes of this division, any individual who 3,518
is furnished by a crew leader to perform service in agricultural 3,519
labor for any other employer or farm operator and who is not 3,520
treated as in the employment of the crew leader under division 3,521
(BB)(2) of this section shall be treated as the employee of the 3,522
other employer or farm operator and not of the crew leader. The 3,523
other employer or farm operator shall be treated as having paid 3,524
cash remuneration to the individual in an amount equal to the 3,525
amount of cash remuneration paid to the individual by the crew 3,526
83
leader, either on the crew leader's own behalf or on behalf of 3,527
the other employer or farm operator, for the service in 3,528
agricultural labor performed for the other employer or farm 3,529
operator.
(CC) "Educational institution" means an institution other 3,531
than an institution of higher education as defined in division 3,532
(Y) of this section which: 3,533
(1) Offers participants, trainees, or students an 3,535
organized course of study or training designed to transfer to 3,536
them knowledge, skills, information, doctrines, attitudes, or 3,537
abilities from, by, or under the guidance of an instructor or 3,538
teacher; and 3,539
(2) Is approved, chartered, or issued a permit to operate 3,541
as a school by the state board of education or other government 3,542
agency that is authorized within the state to approve, charter, 3,543
or issue a permit for the operation of a school. 3,544
For the purposes of this division, the courses of study or 3,546
training which the institution offers may be academic, technical, 3,547
trade, or preparation for gainful employment in a recognized 3,548
occupation. 3,549
Sec. 4506.02. (A) Nothing in this chapter applies to any 3,559
person when engaged in the operation of any of the following: 3,560
(1) A farm truck; 3,562
(2) Fire equipment for a fire department, volunteer or 3,564
nonvolunteer fire company, fire district, or joint fire district; 3,565
(3) A public safety vehicle used to provide transportation 3,567
or emergency medical service for ill or injured persons; 3,568
(4) A recreational vehicle; 3,570
(5) A commercial motor vehicle within the boundaries of an 3,572
eligible unit of local government, if the person is employed by 3,573
the eligible unit of local government and is operating the 3,575
commercial motor vehicle for the purpose of removing snow or ice 3,576
from a roadway by plowing, sanding, or salting, but only if 3,577
either the employee who holds a commercial driver's license 3,578
84
issued under this chapter and ordinarily operates a commercial 3,579
motor vehicle for these purposes is unable to operate the 3,580
vehicle, or the employing eligible unit of local government 3,581
determines that a snow or ice emergency exists that requires 3,582
additional assistance;
(6) A VEHICLE OWNED BY THE DEPARTMENT OF DEFENSE AND 3,584
OPERATED BY ANY MEMBER OR UNIFORMED EMPLOYEE OF THE ARMED FORCES 3,585
OF THE UNITED STATES OR THEIR RESERVE COMPONENTS, INCLUDING THE 3,587
OHIO NATIONAL GUARD. THIS EXCEPTION DOES NOT APPLY TO UNITED 3,588
STATES RESERVE TECHNICIANS.
Nothing contained in division (A)(5) of this section shall 3,591
be construed as pre-empting PREEMPTING or superseding any law, 3,592
rule, or regulation of this state concerning the safe operation 3,593
of commercial motor vehicles. 3,594
(B) As used in this section: 3,596
(1) "Eligible unit of local government" means a village, 3,598
township, or county that has a population of not more than three 3,599
thousand persons according to the most recent federal census. 3,601
(2) "Farm truck" means a truck controlled and operated by 3,603
a farmer for use in the transportation to or from a farm, for a 3,604
distance of no more than one hundred fifty miles, of products of 3,605
the farm, including livestock and its products, poultry and its 3,606
products, floricultural and horticultural products, and in the 3,607
transportation to the farm, from a distance of no more than one 3,608
hundred fifty miles, of supplies for the farm, including tile, 3,609
fence, and every other thing or commodity used in agricultural, 3,610
floricultural, horticultural, livestock, and poultry production, 3,611
and livestock, poultry, and other animals and things used for 3,612
breeding, feeding, or other purposes connected with the operation 3,613
of the farm, when the truck is operated in accordance with this 3,614
division and is not used in the operations of a motor 3,615
transportation company or private motor carrier. 3,616
(3) "Public safety vehicle" has the same meaning as in 3,618
divisions (E)(1) and (3) of section 4511.01 of the Revised Code. 3,619
85
(4) "Recreational vehicle" includes every vehicle that is 3,621
defined as a recreational vehicle in section 4501.01 of the 3,622
Revised Code and is used exclusively for purposes other than 3,623
engaging in business for profit. 3,624
Sec. 4911.04. The consumers' counsel shall be a resident 3,633
of this state and during his THE COUNSEL'S term of office shall 3,634
not hold any other office of either trust or profit under the 3,635
government of the United States, this state, or any political 3,636
subdivision of this state, except that this section shall not be 3,637
construed to preclude the consumers' counsel from serving as a 3,638
member of the reserve of the armed forces of the United States, 3,639
the Ohio national guard, the air national guard, or the naval 3,641
militia. The counsel shall not engage in any other occupation or 3,642
business, but shall devote his entire FULL time to the duties of 3,643
his THE office OF CONSUMERS' COUNSEL.
Sec. 5101.312. (A) As used in this section: 3,651
(1) "Child support order" has the same meaning as in 3,653
section 2301.373 of the Revised Code. 3,654
(2) "Employer" means any employer with twenty-five or more 3,656
employees OTHER THAN AN EXECUTIVE AGENCY OF THE UNITED STATES, 3,658
except "employer" also means an employer with fewer than 3,659
twenty-five employees if the employer's business is one of the
following:
(a) Eating and drinking place; 3,661
(b) General building contractor; 3,663
(c) Construction--special trade contractor; 3,665
(d) Motor freight transportation and warehousing; 3,667
(e) Automotive dealer or gasoline service station; 3,669
(f) Automotive repair, services, and parking. 3,671
(3) "Obligor" means a person required to pay support under 3,673
a child support order. 3,674
(B) Effective January 1, 1996, an employer shall report in 3,677
writing to the department of human services the hiring, rehiring, 3,678
or return to work as an employee of a person who resides, works, 3,679
86
or will be assigned to work in this state to whom the employer 3,680
anticipates paying compensation.
(C) An employer shall include all of the following in each 3,682
report: 3,683
(1) The employee's name, address, and social security 3,685
number; 3,686
(2) The employer's name, address, and identification 3,688
number.
(D) An employer may make a report by submitting a copy of 3,690
the United States internal revenue service form W-4 (employee's 3,692
withholding allowance certificate) for the employee, a form
provided by the department, or any other hiring document or data 3,693
storage device or mechanism the department authorizes. An 3,694
employer may make the report by mail, fax, or other means the 3,695
department authorizes. If an employer makes a report by mail, 3,696
the date of making the report is the postmark date if the report 3,697
is mailed in the United States with first class postage and is 3,698
addressed as the department authorizes. An employer shall make 3,699
the report not later than thirty days after the date on which the 3,700
employer hires or rehires an employee or the employee returns to
work. 3,701
(E) The department shall use the reports it receives 3,703
pursuant to this section to locate obligors under child support 3,704
orders being administered by child support enforcement agencies 3,705
in this state and to detect fraud in any program administered by 3,706
the department. The department may submit to the bureau of 3,707
workers' compensation or the bureau of employment services a copy
of any report it receives from an employer pursuant to this 3,708
section. The department shall adopt rules in accordance with 3,709
Chapter 119. of the Revised Code to implement this section. In 3,710
adopting the rules, the department shall work with the bureau of 3,712
employment services for the purpose of identifying the industries
listed in division (A)(2) of this section by using the Standard 3,713
Industrial Classification codes established in the standard 3,715
87
industrial classification manual, 1987, published by the
executive office of the president, office of management and 3,716
budget.
(F) An employer who fails to make a report required by 3,718
this section shall be required by the department of human 3,719
services to pay a fee of twenty-five dollars for each failure to 3,720
make a report.
Sec. 5903.01. As used in section SECTIONS 5903.01 to 3,729
5903.05 AND 5903.02 of the Revised Code: 3,730
(A) "Permanent public employee" means any person holding a 3,732
position in public employment that requires working a regular 3,733
schedule of twenty-six consecutive bi-weekly BIWEEKLY pay 3,734
periods, or any other regular schedule of comparable consecutive 3,736
pay periods, which is not limited to a specific season or 3,737
duration. "Permanent public employee" does not include student 3,738
help; intermittent, seasonal, or external interim employees; or 3,739
individuals covered by personal services contracts. 3,740
(B) "Public employment" means employment by the state, or 3,742
any county, municipal corporation, or other civil or political 3,743
subdivision, including any department or agency thereof. 3,744
(C) "Public employer" means any government, department, or 3,746
agency mentioned in division (B) of this section. 3,747
(D) "Position" means employment, full-time, part-time, 3,749
probationary, or otherwise, held at the time of entrance into 3,750
military duty THE UNIFORMED SERVICES, but does not include 3,751
temporary or casual employment or an office filled by election. 3,755
(E) "Military duty" means training and service performed 3,757
by a member of the Ohio national guard, Ohio military reserve, or 3,758
Ohio naval militia, or by an inductee, enlistee, reservist, or 3,759
any entrant into a reserve component of the armed forces of the 3,760
United States, and time spent in reporting for and returning from 3,761
such service and training, or if a rejection occurs, from the 3,762
place of reporting therefor PERMANENT PRIVATE EMPLOYEE" MEANS ANY 3,764
PERSON HOLDING A POSITION WITH A PRIVATE EMPLOYER.
88
(F) "PRIVATE EMPLOYER" MEANS ANY PERSON, INSTITUTION, 3,766
ORGANIZATION, OR OTHER ENTITY THAT IS NOT A PUBLIC EMPLOYER AND 3,767
THAT PAYS SALARY OR WAGES FOR WORK PERFORMED OR THAT HAS CONTROL 3,768
OVER EMPLOYMENT OPPORTUNITIES. 3,769
(G) "SERVICE IN THE UNIFORMED SERVICES" MEANS THE 3,771
PERFORMANCE OF DUTY, ON A VOLUNTARY OR INVOLUNTARY BASIS, IN A 3,773
UNIFORMED SERVICE, UNDER COMPETENT AUTHORITY, AND INCLUDES ACTIVE 3,774
DUTY, ACTIVE DUTY FOR TRAINING, INITIAL ACTIVE DUTY FOR TRAINING, 3,775
INACTIVE DUTY FOR TRAINING, FULL-TIME NATIONAL GUARD DUTY, AND 3,776
PERFORMANCE OF DUTY OR TRAINING BY A MEMBER OF THE OHIO 3,777
ORGANIZED MILITIA PURSUANT TO CHAPTER 5923. OF THE REVISED CODE. 3,778
"SERVICE IN THE UNIFORMED SERVICES" INCLUDES ALSO THE PERIOD OF 3,779
TIME FOR WHICH A PERSON IS ABSENT FROM A POSITION OF PUBLIC OR 3,781
PRIVATE EMPLOYMENT FOR THE PURPOSE OF AN EXAMINATION TO DETERMINE 3,782
THE FITNESS OF THE PERSON TO PERFORM ANY DUTY DESCRIBED IN THIS
DIVISION. 3,783
(H) "UNIFORMED SERVICES" MEANS THE ARMED FORCES, THE OHIO 3,786
ORGANIZED MILITIA WHEN ENGAGED IN ACTIVE DUTY FOR TRAINING, 3,787
INACTIVE DUTY TRAINING, OR FULL-TIME NATIONAL GUARD DUTY, THE 3,788
COMMISSIONED CORPS OF THE PUBLIC HEALTH SERVICE, AND ANY OTHER 3,789
CATEGORY OF PERSONS DESIGNATED BY THE PRESIDENT OF THE UNITED 3,792
STATES IN TIME OF WAR OR EMERGENCY. 3,793
Sec. 5903.02. (A) THE DETERMINATION OF REINSTATEMENT AND 3,795
REEMPLOYMENT RIGHTS OF PERMANENT PUBLIC EMPLOYEES AND PERMANENT 3,797
PRIVATE EMPLOYEES IN THE UNIFORMED SERVICES SHALL BE MADE IN 3,799
ACCORDANCE WITH THE "UNIFORMED SERVICES EMPLOYMENT AND 3,800
REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 38 U.S.C.A. 3,801
4301, ET. SEQ.
(B) THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL ADOPT 3,803
RULES FOR THE IMPLEMENTATION OF THIS CHAPTER. 3,804
Sec. 5903.99. Whoever violates sections 5903.01 to 5903.05 3,813
AND 5903.02 of the Revised Code may be fined not more than one 3,816
thousand dollars or imprisoned not more than six months, or both. 3,818
Sec. 5911.011. The adjutant general is the (A) AS 3,827
89
director of state armories. He shall provide, THE ADJUTANT 3,828
GENERAL MAY ACQUIRE, DESIGN, CONSTRUCT, EXPAND, REHABILITATE, AND 3,829
CONVERT grounds, armories, airfields, and other buildings, and 3,830
facilities for the purpose PURPOSES of DEVELOPING, training, AND 3,832
OPERATING UNITS OF THE OHIO NATIONAL GUARD and for the 3,833
safekeeping of arms, clothing, equipment, and other STATE OR 3,835
FEDERAL military property issued to the Ohio national guard, OR 3,836
STATE PROPERTY ISSUED TO the Ohio military reserve, or the Ohio 3,837
naval militia, and.
(B) IN ACQUIRING GROUNDS, ARMORIES, AIRFIELDS, AND OTHER 3,839
FACILITIES FOR THE PURPOSES DESCRIBED IN DIVISION (A) OF THIS 3,840
SECTION, THE ADJUTANT GENERAL may purchase, lease PROPERTY for 3,842
any period of time not exceeding TERM UP TO ninety-nine years, 3,843
SUBJECT TO THE AVAILABILITY OF STATE FUNDS OR FEDERAL FUNDS 3,844
OBTAINED UNDER AN AGREEMENT BY WHICH THE UNITED STATES
CONTRIBUTES TO THE COST OF LEASING THE GROUNDS, ARMORY, AIRFIELD, 3,845
OR OTHER FACILITY, or THE ADJUTANT GENERAL MAY build suitable 3,846
buildings, airfields, and facilities for such THOSE purposes 3,848
when, in his judgment, it is for the best interest of the state 3,850
to do so. He shall
(C) THE ADJUTANT GENERAL MAY provide for the LEASING, 3,853
management, care, and maintenance of such THOSE grounds, 3,854
armories, airfields, buildings, and OTHER facilities and may 3,855
prescribe such ANY rules for the management, government, and 3,857
guidance of the organizations and units occupying them as THAT 3,858
are necessary and desirable. When promulgating such THOSE rules, 3,860
the adjutant general need not comply with Chapter 111. OR 119. of 3,861
the Revised Code.
Sec. 5911.03. (A) The adjutant general may receive gifts 3,871
of land, money, or other property for the purpose of aiding in 3,872
the acquisition of grounds and airfields, or the purchase, 3,874
building, furnishing, or maintaining of an armory, building 3,875
AIRFIELD, or other facility for military purposes. All 3,876
(B) ALL lands so acquired UNDER THIS SECTION shall be 3,879
90
deeded to the state, and all property received under this section 3,880
from any source shall become the property of this state, EXCEPT 3,881
AS MAY BE PROVIDED IN AN AGREEMENT BY WHICH THE UNITED STATES 3,882
CONTRIBUTES TO THE COST OF ACQUIRING, DESIGNING, OR CONSTRUCTING 3,883
THE GROUNDS, ARMORY, AIRFIELD, OR OTHER FACILITY USED FOR 3,884
DEVELOPING, TRAINING, AND OPERATING UNITS OF THE NATIONAL GUARD. 3,885
Sec. 5911.04 The adjutant general shall be governed in the 3,895
construction of armories, other buildings, facilities, and 3,896
airfields for military purposes by sections 153.01 to 153.20 and 3,898
153.50 to 153.60 of the Revised Code.
Sec. 5911.08. The (A) EXCEPT AS ALLOWED UNDER A PERMIT 3,908
ISSUED UNDER CHAPTER 4303. OF THE REVISED CODE, THE sale of BEER 3,910
OR intoxicating liquor in an armory, building, airfield, or other 3,912
facility used for training and for the safekeeping of arms,
clothing, equipment, and other military property belonging to the 3,913
Ohio national guard, the Ohio military reserve, or the Ohio naval 3,914
ORGANIZED militia provided for by section 5911.011 of the Revised 3,916
Code is prohibited and any.
(B) ANY person guilty of violating such prohibition 3,920
DIVISION (A) OF THIS SECTION shall be punished as a court-martial 3,921
directs PROVIDED IN CHAPTER 4303. OF THE REVISED CODE. 3,922
Sec. 5913.01. (A) The adjutant general shall be chief of 3,932
staff to IS the commander in chief and administrative head of the 3,934
OHIO organized militia. He THE ADJUTANT GENERAL shall be: 3,936
(1) BE provided offices in Columbus and SHALL keep them 3,938
open during usual business hours. He shall have; 3,940
(2) HAVE AND MAINTAIN custody of all military records, 3,942
correspondence, and other military documents. He shall 3,944
superintend OF THE OHIO ORGANIZED MILITIA; 3,945
(3) SUPERINTEND the preparation of all returns and reports 3,947
required by the United States from the state on military matters. 3,948
He shall keep; 3,949
(4) KEEP a roster of all officers of the military forces 3,951
of the state OHIO ORGANIZED MILITIA, including retired officers. 3,953
91
He shall, whenever;
(5) WHENEVER necessary, cause the military code, 3,955
PROVISIONS OF THE REVISED CODE AND THE orders, REGULATIONS, 3,957
PAMPHLETS, circulars, and memorandums of the adjutant general's 3,958
department to be printed and distributed to the commissioned 3,959
officers and organizations of the OHIO organized militia. He 3,962
shall prepare;
(6) PREPARE and issue all necessary books, blanks, and 3,965
notices. He shall OHIO ORGANIZED MILITIA FORMS AND attest TO all 3,968
commissions issued to military officers . He shall have OF THE 3,969
OHIO ORGANIZED MILITIA;
(7) HAVE a seal, and all copies of orders, records, and 3,971
papers in his THE ADJUTANT GENERAL'S office certified and 3,973
authenticated under said WITH THAT seal shall be COMPETENT 3,974
evidence in like manner as if the originals were produced. All 3,975
orders issued from his THE ADJUTANT GENERAL'S office shall be 3,976
authenticated with said BEAR A DUPLICATE OF THE seal. 3,977
He shall keep (8) KEEP and preserve the arms, ordnance, 3,980
equipment, and all other military property belonging to the state 3,981
or issued to the state by the federal government and he shall 3,982
make and issue such ANY regulations as are necessary to keep, 3,984
preserve, and repair such THE property as in his opinion 3,985
conditions demand. He shall issue such military;
(9) ISSUE ADJUTANT GENERAL'S property to the units of the 3,987
OHIO organized militia as the necessity of the service OR 3,990
ORGANIZATIONAL OR ALLOWANCE TABLES requires. He shall submit; 3,992
(10) SUBMIT an annual report to the governor at such time 3,994
as the governor requires of the transaction of his THE ADJUTANT 3,996
GENERAL'S department, setting forth the strength and condition of 3,997
the OHIO organized militia and such other matters as he deems 3,999
important. He THAT THE ADJUTANT GENERAL CHOOSES; 4,000
(11) COMMAND THE STATE AREA COMMAND OF THE OHIO NATIONAL 4,002
GUARD.
(B) THE ADJUTANT GENERAL shall issue and distribute all 4,005
92
orders ISSUED IN THE NAME of THE GOVERNOR AS the commander in 4,006
chief OF THE OHIO ORGANIZED MILITIA and perform such THE duties 4,008
as THAT the commander in chief GOVERNOR directs and such other 4,009
duties as are prescribed by law. 4,010
(C) THE ADJUTANT GENERAL MAY ENTER INTO COOPERATIVE 4,012
AGREEMENTS, CONTRACTUAL ARRANGEMENTS, OR AGREEMENTS FOR THE 4,013
ACCEPTANCE OF GRANTS WITH THE UNITED STATES OR ANY AGENCY OR 4,014
DEPARTMENT OF THE UNITED STATES, OTHER STATES, ANY DEPARTMENT OR 4,015
POLITICAL SUBDIVISION OF THIS STATE, OR ANY PERSON OR BODY 4,016
POLITIC, TO ACCOMPLISH THE PURPOSES OF THE ADJUTANT GENERAL'S 4,017
DEPARTMENT. THE ADJUTANT GENERAL SHALL COOPERATE WITH, AND NOT 4,018
INFRINGE UPON, THE RIGHTS OF OTHER STATE DEPARTMENTS, DIVISIONS, 4,019
BOARDS, COMMISSIONS, AND AGENCIES, POLITICAL SUBDIVISIONS, AND
OTHER PUBLIC OFFICIALS AND PUBLIC AND PRIVATE AGENCIES WHEN THE 4,021
INTERESTS OF THE ADJUTANT GENERAL'S DEPARTMENT AND THOSE OTHER 4,022
ENTITIES OVERLAP.
THE FUNDS MADE AVAILABLE BY THE UNITED STATES FOR THE 4,024
EXCLUSIVE USE OF THE DEPARTMENT SHALL BE EXPENDED ONLY BY THE 4,025
DEPARTMENT AND ONLY FOR THE PURPOSES FOR WHICH THE FEDERAL FUNDS 4,026
WERE APPROPRIATED. IN ACCEPTING FEDERAL FUNDS, THE DEPARTMENT 4,027
AGREES TO ABIDE BY THE TERMS AND CONDITIONS OF THE GRANT OR 4,028
COOPERATIVE AGREEMENT AND FURTHER AGREES TO EXPEND THE FEDERAL 4,029
FUNDS IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE UNITED 4,030
STATES.
Sec. 5913.02. (A) The military staff of the governor 4,039
shall MAY consist of an ANY OF THE FOLLOWING: 4,040
(1) AN adjutant general of IN the grade of major general, 4,043
upon whom WHO shall devolve PERFORM the duties of quartermaster 4,046
general; an
(2) AN assistant adjutant general for army of IN the grade 4,049
of brigadier MAJOR general; an
(3) AN assistant adjutant general for air of IN the grade 4,053
of brigadier MAJOR general; an
(4) AN assistant quartermaster general of IN the grade of 4,056
93
colonel; all of whom OR ANY RETIRED OFFICER WHO HAS APPROPRIATE 4,057
QUALIFICATIONS FOR THE POSITION, AS DETERMINED BY THE ADJUTANT
GENERAL AND THE GOVERNOR. 4,058
ALL PERSONS NAMED IN DIVISIONS (A)(1) TO (4) OF THIS 4,060
SECTION shall be appointed by the governor and shall hold office 4,061
during his THE GOVERNOR'S pleasure. The 4,063
(B) THE governor's military staff ALSO shall also include 4,066
four aides-de-camp, who shall be appointed by the governor and 4,068
hold office during his THE GOVERNOR'S pleasure. 4,069
Sec. 5913.021. (A) The adjutant general at the time of 4,079
appointment shall be a federally recognized officer of IN the 4,080
Ohio national guard of IN the grade of colonel or above, the. 4,082
(B) THE assistant adjutant general for army at the time of 4,084
appointment shall be a federally recognized officer of IN the 4,086
Ohio army national guard of IN the grade of lieutenant colonel or 4,087
above, the. 4,088
(C) THE assistant adjutant general for air at the time of 4,091
appointment shall be A federally recognized rated officer of IN 4,092
the Ohio air national guard of IN the grade of lieutenant colonel 4,093
or above, and the. 4,094
(D) THE assistant quartermaster general at the time of 4,097
appointment shall be a federally recognized officer of IN the 4,098
Ohio ARMY national guard of IN the grade of major LIEUTENANT 4,099
COLONEL or above, OR ANY RETIRED OFFICER WHO HAS APPROPRIATE 4,100
QUALIFICATIONS FOR THE POSITION, AS DETERMINED BY THE ADJUTANT 4,101
GENERAL AND THE GOVERNOR. The 4,102
(E) THE adjutant general, the assistant adjutant general 4,105
for the army, the assistant adjutant general for air, and the 4,106
assistant quartermaster general at the time of appointment shall 4,107
each have not less than ten years' commissioned service in the 4,108
armed forces of the United States, not less than five years of 4,109
such THAT service being in the Ohio national guard, and shall at 4,110
all times during their tenure of office be federally recognized 4,111
officers of the Ohio national guard.
94
(F) The provisions of this section relative to federal 4,113
recognition shall be suspended during any period of emergency 4,114
when the majority of the units of the Ohio national guard are in 4,115
the federal service, in which. IN THAT event, retired officers 4,118
of the Ohio national guard shall be eligible to serve as adjutant
general, assistant adjutant general for army, assistant adjutant 4,120
general for air, and assistant quartermaster general for the 4,121
duration of such emergency or until a majority of the units of 4,122
the Ohio national guard are released from federal service. 4,123
Sec. 5913.03. The adjutant general shall give bond in the 4,133
sum of thirty thousand dollars to the state conditioned upon the 4,134
faithful performance of his THE ADJUTANT GENERAL'S OFFICIAL 4,135
duties; the assistant adjutant general for army and the assistant 4,136
adjutant general for air shall give like bonds BOND in the sum of 4,137
ten thousand dollars; and the assistant quartermaster general 4,138
shall give a like bond in the sum of twenty thousand dollars. If 4,140
a surety bond is given, the premiums shall be paid out of funds 4,142
appropriated therefor FOR THE SURETY BOND. Said THESE bonds 4,143
shall be filed in the office of the secretary of state. All 4,144
other bonds given by the various officers of the OHIO organized 4,145
militia shall be filed and recorded in the office of the adjutant 4,147
general.
Sec. 5913.04. The GOVERNOR'S aides-de-camp shall be 4,156
detailed from the commissioned officers of the Ohio national 4,158
guard in active service from those of a grade below that of 4,159
colonel. Such THIS detail shall not add to the grade of the 4,161
officer so appointed. The officers detailed as aides-de-camp
shall not be relieved from duty with their respective 4,162
organizations, but shall perform all duties pertaining thereto, 4,163
except when on duty as aides-de-camp under orders of the governor 4,164
AS AN EXCEPTION TO THEIR USUAL DUTIES. 4,165
Sec. 5913.05. (A) The assistant adjutants general shall 4,175
serve in the office of the adjutant general, and aid him THE 4,177
ADJUTANT GENERAL by performing such THE duties as THAT the 4,179
95
adjutant general assigns them. In 4,181
(B) IN the absence or disability of the adjutant general, 4,183
the senior assistant adjutant general shall perform the duties of 4,185
the adjutant general. In 4,186
(C) IN the absence or disability of the adjutant general 4,188
and the senior assistant adjutant general, the junior assistant 4,189
adjutant general shall perform the duties of the adjutant 4,190
general.
Sec. 5913.051. To supplement the military staff of the 4,200
governor, the adjutant general shall MAY appoint an assistant to 4,201
the state area commander for readiness and training for army. 4,202
This assistant shall be a brigadier general and shall serve in 4,203
the office of AID the adjutant general and aid him and the state 4,204
area commander by performing such duties as THAT the adjutant 4,207
general assigns in the areas of readiness, training, and 4,208
mobilization. This assistant shall not be a full-time state 4,209
employee, but shall serve in his THAT capacity only during 4,210
federally recognized training, special duty periods, or 4,212
mobilization periods, and shall at the time of his appointment be 4,213
of IN the rank of colonel or above but otherwise meet the 4,215
qualifications established in section 5913.021 of the Revised 4,216
Code.
Sec. 5913.06. (A) The assistant quartermaster general, 4,226
under direction of the adjutant general as quartermaster general, 4,227
shall have charge of all STATE military property AND PROPERTY OF 4,228
THE ADJUTANT GENERAL'S DEPARTMENT belonging to the state. The 4,229
(B) THE assistant quartermaster general shall keep an 4,231
accurate account thereof OF STATE MILITARY PROPERTY AND PROPERTY 4,234
OF THE ADJUTANT GENERAL'S DEPARTMENT and shall make such returns 4,235
and PREPARE reports as the adjutant general directs. He 4,236
(C) THE ASSISTANT QUARTERMASTER GENERAL shall perform such 4,239
other duties as are assigned to him by the adjutant general. In 4,240
(D) IN the absence or disability of the adjutant general, 4,244
and the assistant adjutants general, the assistant quartermaster 4,245
96
general shall perform the duties of the adjutant general. 4,246
Sec. 5913.07. (A) Any person who has served as a member 4,256
of the OHIO organized militia of Ohio or of the armed forces of 4,259
the United States, or both, for a period of three TWENTY years, 4,260
one year EIGHT YEARS of which has HAVE been served as a 4,261
commissioned officer of the Ohio state guard, the Ohio state
naval ORGANIZED militia, or the Ohio military reserve may, at his 4,263
own THE PERSON'S request and upon approval of the adjutant 4,264
general, MAY be placed upon the reserve RETIRED list, which shall 4,265
be kept in the office of the adjutant general. Such 4,266
(B) RETIRED officers shall receive no compensation FROM 4,268
THE STATE for their services except as provided in this section, 4,271
but shall be permitted MAY on all occasions of ceremony to wear 4,272
the uniform of their rank. The commander in chief 4,273
(C) THE ADJUTANT GENERAL may assign or detail such RETIRED 4,276
officers upon duty and when so assigned or detailed, they shall
receive the same pay and allowances as officers on the active 4,277
list of the ELEMENT OF THE OHIO organized militia assigned, 4,278
detailed, or employed under like condition. 4,279
Sec. 5913.08. The adjutant general shall have HAS general 4,289
direction over the state arsenal, state camp grounds, and other 4,291
military AND OTHER ADJUTANT GENERAL'S DEPARTMENT property of 4,292
BELONGING TO the state. He shall THE ADJUTANT GENERAL MAY employ 4,293
such labor thereat EMPLOYEES as the governor deems the 4,294
necessities and best interests of the state require NECESSARY TO 4,296
CARRY OUT THE DUTIES OF THE ADJUTANT GENERAL'S DEPARTMENT. 4,297
Sec. 5913.09. (A) The adjutant general shall be IS the 4,309
custodian of all military AND OTHER ADJUTANT GENERAL'S DEPARTMENT
property, both real and personal, belonging to the state. 4,310
He (B) THE ADJUTANT GENERAL may make such changes and 4,314
improvements in such TO MILITARY AND OTHER ADJUTANT GENERAL'S
DEPARTMENT property as the needs of the state AND FEDERAL 4,317
GOVERNMENT and the exigencies of the service require. All 4,319
improvements made upon such THAT property belonging to the state, 4,321
97
from moneys received either all or in part from the state OR 4,322
FEDERAL GOVERNMENT, OR BOTH, become the property of the state, 4,323
EXCEPT AS MAY BE PROVIDED IN AN AGREEMENT AND CORRESPONDING 4,324
REGULATIONS BY WHICH THE UNITED STATES CONTRIBUTES TO THE COST OF 4,326
AN IMPROVEMENT. The
(C)(1) IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW 4,328
AND REGULATIONS, THE adjutant general may, with the approval of 4,330
the governor, MAY ACQUIRE BY PURCHASE lease, license, or rent 4,331
military OTHERWISE, REAL AND PERSONAL property of NECESSARY FOR 4,333
the state upon such terms and under such conditions as PURPOSES 4,335
OF the adjutant general considers appropriate and proper 4,337
DEPARTMENT. Except
(2) IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW 4,339
AND REGULATIONS, THE ADJUTANT GENERAL, WITH THE APPROVAL OF THE 4,340
ATTORNEY GENERAL, MAY ENTER INTO CONTRACTS FOR THE CONSTRUCTION, 4,341
REPAIR, RENOVATION, MAINTENANCE, AND OPERATION OF MILITARY OR 4,343
OTHER ADJUTANT GENERAL'S DEPARTMENT PROPERTY.
(3) IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW 4,345
AND REGULATIONS, THE ADJUTANT GENERAL, WITH THE APPROVAL OF THE 4,346
GOVERNOR, MAY LEASE OR EXCHANGE ALL OR PART OF ANY MILITARY OR 4,347
OTHER ADJUTANT GENERAL'S DEPARTMENT PROPERTY OR GRANT EASEMENTS 4,348
OR LICENSES, IF THE LEASE, EXCHANGE, EASEMENT, OR LICENSE IS
ADVANTAGEOUS TO THE STATE. 4,349
(4) ALL REAL PROPERTY OF THE ADJUTANT GENERAL'S DEPARTMENT 4,351
SHALL BE SOLD IN ACCORDANCE WITH SECTION 5911.10 OF THE REVISED 4,353
CODE.
(D) EXCEPT as otherwise provided in this section, all 4,355
receipts INCOME from any military OR OTHER ADJUTANT GENERAL'S 4,356
DEPARTMENT property of the state, not made a portion of the 4,358
company, troop, battery, DETACHMENT, SQUADRON, or other 4,359
organization funds by regulations, shall be credited to the funds
for the OPERATION AND maintenance of the Ohio national guard, 4,361
Ohio naval ORGANIZED militia, or the Ohio military reserve, as 4,362
the adjutant general directs, IN ACCORDANCE WITH APPLICABLE STATE 4,363
98
AND FEDERAL LAW AND REGULATIONS AND THE AGREEMENTS BY WHICH THE 4,364
UNITED STATES CONTRIBUTES TO THE COST OF OPERATION AND 4,365
MAINTENANCE OF THE OHIO NATIONAL GUARD. All income received from 4,367
seasonal rental units and recreational facilities at Camp Perry 4,368
shall be paid into the state treasury to the credit of the Camp 4,369
Perry clubhouse and rental activities fund, which is hereby 4,370
created.
Sec. 5913.10. (A) The adjutant general may prescribe and 4,380
enforce rules and police regulations for the range and ground 4,381
PROPERTY referred to in section 5913.09 of the Revised Code, as 4,382
he THE ADJUTANT GENERAL deems necessary for protection and 4,384
safety.
(B) IN PRESCRIBING REGULATIONS UNDER DIVISION (A) OF THIS 4,387
SECTION, THE ADJUTANT GENERAL NEED NOT COMPLY WITH CHAPTER 111.
OR 119. OF THE REVISED CODE. 4,388
Sec. 5913.17. No person shall enter an encampment of the 4,398
OHIO organized militia, or a camp or cantonment of any military 4,400
organization of the United States, when forbidden to do so, or, 4,401
having been permitted to enter therein THE ENCAMPMENT, shall 4,402
conduct himself BEHAVE in a disorderly manner or shall resist a 4,404
sentry or guard acting under orders to prevent such THAT entry or 4,405
disorderly conduct.
Sec. 5919.01. (A) The Ohio national guard shall consist 4,416
CONSISTS of such THOSE organizations and units as THAT are, under 4,418
the laws of the United States and the regulations promulgated in 4,419
pursuance thereof UNDER THEM, prescribed as the portion of the 4,420
ARMY OR AIR national guard of the United States apportioned 4,421
LOCATED and assigned to ORGANIZED WITHIN this state in accordance 4,422
with troop basis ACCORDING TO THE LOCATIONS, BRANCHES, 4,423
ORGANIZATIONS, AND ALLOTMENTS approved by the governor of Ohio 4,424
THIS STATE.
(B) The organizations and units of the Ohio national guard 4,426
shall conform to and be organized in accordance with ACCORDING TO 4,428
the ORGANIZATIONAL OR ALLOWANCE tables of organizations as 4,429
99
prescribed by the department of defense THE ARMY OR AIR FORCE AND 4,431
BY THE NATIONAL GUARD BUREAU for the national guard. In case of 4,432
an emergency or imminent danger thereof OF AN EMERGENCY, the 4,433
governor, as commander in chief, may increase the organized 4,434
military forces of the state in accordance with SIZE OF THE OHIO 4,435
NATIONAL GUARD ACCORDING TO the existing rules and regulations 4,437
governing the armed forces of the United States, as the exigency 4,438
of the occasion requires; and such. ANY organization and 4,439
increase may be made either pursuant to, or in advance of, any 4,441
call or order made by the president of the United States. 4,442
Sec. 5919.02. (A) All commissioned AND WARRANT officers of 4,453
the Ohio national guard shall be appointed by the governor as
commander in chief, upon the recommendation of the commanding 4,455
officers of the organizations to which such officers are to be 4,456
assigned for duty, and SHALL be commissioned OR WARRANTED 4,458
according to grade in UNDER the REGULATIONS OF THE department, 4,459
corps, arm, or service in which they are appointed OF THE ARMY OR 4,460
AIR FORCE AND THE NATIONAL GUARD BUREAU. No 4,461
(B) NO officer shall be commissioned OR WARRANTED until he 4,464
THE OFFICER has successfully passed tests as to his physical, 4,466
moral, and professional fitness as prescribed by REGULATIONS
PROMULGATED UNDER federal law for federal recognition as an A 4,467
COMMISSIONED OR WARRANT officer. 4,468
(C) General officers of the line shall be appointed from 4,471
the federally recognized eligible commissioned officers of the
ARMY OR AIR national guard of this state OR OF ANOTHER COMPONENT 4,472
OF THE ARMED FORCES OF THE UNITED STATES, who shall have served 4,474
at least fifteen years as a commissioned officer in the ARMY OR 4,475
AIR national guard or in another component of the armed forces of 4,476
the United States, or both. At least ten years of such service 4,477
shall have been with troops.
Sec. 5919.04. (A) The governor ADJUTANT GENERAL may issue 4,488
such regulations AND OTHER PUBLICATIONS governing the appointment 4,489
of officers in the Ohio national guard and such ALL other matters 4,490
100
pertaining to the Ohio national guard as are necessary to conform 4,491
to the requirements made OR AUTHORIZED by congress for 4,492
participation in federal appropriations for the national guard. 4,493
(B) IN ISSUING REGULATIONS AND OTHER PUBLICATIONS UNDER 4,495
DIVISION (A) OF THIS SECTION, THE ADJUTANT GENERAL NEED NOT 4,496
COMPLY WITH CHAPTER 111. OR 119. OF THE REVISED CODE. 4,497
Sec. 5919.071. Any person, commissioned or warranted as an 4,507
officer in the Ohio national guard, shall hold his THE commission 4,508
or warrant during the period of his THE PERSON'S federal 4,509
recognition. The termination or withdrawal by the department of 4,510
defense THE ARMY OR AIR FORCE of the federal recognition of any 4,512
commissioned or warrant officer IN THE ARMY OR AIR NATIONAL GUARD 4,513
OF THE UNITED STATES shall terminate his THE PERSON'S commission 4,515
OR WARRANT in the Ohio national guard.
Sec. 5919.09. Original enlistments ENLISTMENTS in the Ohio 4,525
national guard and all subsequent enlistments shall be for the 4,526
period prescribed by act of congress AND PUBLICATIONS OF THE 4,527
DEPARTMENT OF THE ARMY OR AIR FORCE AND NATIONAL GUARD BUREAU. 4,528
Sec. 5919.12. An A COMMISSIONED OR WARRANT officer of the 4,537
Ohio national guard may be honorably discharged by the GOVERNOR 4,538
AS commander in chief upon tender of his THE OFFICER'S 4,540
resignation, in conformity with the requirements of the 4,541
department of defense THE ARMY OR AIR FORCE AND THE NATIONAL 4,542
GUARD BUREAU, provided he BUT THE OFFICER shall not be discharged 4,543
until he THE OFFICER has accounted for all state and United 4,544
States property and all public moneys for which he THE OFFICER is 4,545
responsible. 4,546
Sec. 5919.13. (A) Any commissioned OR WARRANT officer who 4,557
has served as a member of the Ohio national guard for a period of 4,558
ten TWENTY years, five EIGHT of which have been as a commissioned 4,560
OR WARRANT officer, may at his own THE OFFICER'S request, and 4,561
shall upon termination of his THE OFFICER'S federal recognition, 4,562
be placed upon the retired list, which shall be kept in the 4,563
office of the adjutant general. Officer so retired 4,564
101
(B) RETIRED OFFICERS shall receive no compensation FROM 4,567
THE STATE for their services except as provided in this section, 4,568
but shall be permitted MAY on all occasions of ceremony to wear 4,569
the uniform of the grade upon which retired THEIR RANK. The 4,570
commander in chief
(C) THE ADJUTANT GENERAL may detail officers so A retired 4,573
upon OFFICER TO duty other than in the command of troops, and 4,574
when so detailed, they CONSISTENT WITH FEDERAL PUBLICATIONS. A 4,575
RETIRED OFFICER THEN shall receive like pay and allowances as 4,576
officers on the active list detailed or employed under like 4,577
conditions PRESCRIBED UNDER THE DEPARTMENT OF DEFENSE PAY MANUAL. 4,578
Sec. 5919.14. (A) At any time the moral character, 4,588
capacity, and general fitness for services, SERVICE of any Ohio 4,590
national guard officer may be determined by an efficiency A board 4,591
of three commissioned officers, appointed by the governor, who 4,592
shall be senior in rank, if practicable, to the officer whose 4,594
fitness for service is under investigation, and if the finding of 4,595
such board is unfavorable to such officer and is approved by the 4,596
governor, he the officer shall be discharged WHICH SHALL BE 4,597
CONVENED AND PROCEED ACCORDING TO PUBLICATIONS OF THE DEPARTMENT 4,598
OF THE ARMY OR AIR FORCE AND THE NATIONAL GUARD BUREAU.
(B) A BOARD OF OFFICERS CONVENED UNDER DIVISION (A) OF 4,600
THIS SECTION IS NOT A PUBLIC BODY SUBJECT TO SECTION 121.22 OF 4,601
THE REVISED CODE. 4,602
Sec. 5919.15. There shall be organized a national guard 4,611
reserve which shall consist of such organizations, officers, and 4,613
enlisted man, as the president of the United States prescribes. 4,614
Officers COMMISSIONED OFFICERS, WARRANT OFFICERS, and enlisted 4,615
men PERSONNEL of the Ohio national guard may be transferred to 4,616
the INACTIVE national guard reserve under such regulations as 4,617
THAT the president NATIONAL GUARD BUREAU prescribes. 4,620
Sec. 5919.16. Commissions of (A) COMMISSIONED AND WARRANT 4,631
officers of IN the Ohio national guard shall be vacated 4,632
DISCHARGED by THE ADJUTANT GENERAL UPON EITHER OF THE FOLLOWING: 4,633
102
(1) THE OFFICER'S resignation, by termination; 4,635
(2) APPROVAL OF A BOARD'S RECOMMENDATION FOR WITHDRAWAL of 4,637
federal recognition by the department of defense, absence CHIEF 4,639
OF THE NATIONAL GUARD BUREAU.
(B) AN OFFICER ALSO MAY BE DISCHARGED UNDER ANY OF THE 4,641
FOLLOWING CIRCUMSTANCES: 4,642
(1) PURSUANT TO OTHER FEDERAL REGULATIONS; 4,644
(2) IF ABSENT without leave for three months, upon 4,646
recommendation of an efficiency board, pursuant; 4,647
(3) PURSUANT to sentence by court-martial, or if such; 4,651
(4) IF THE officer has been convicted of an infamous A 4,653
crime CLASSIFIED AS A FELONY AS DESCRIBED IN DIVISION (D) OR (E) 4,655
OF SECTION 2901.02 OF THE REVISED CODE.
Sec. 5919.17. (A) An enlisted man PERSON discharged from 4,667
service in the Ohio national guard shall receive a discharge, in 4,668
writing, in such THE form and with such classification as is THE 4,669
CHARACTERIZATION prescribed for BY the regular army OR AIR FORCE. 4,670
In time of peace, discharges may be given prior to BEFORE the 4,672
expiration of terms of enlistment, under prescribed regulations, 4,673
subject to the ANY restrictions of the national defense act 4,674
CONTAINED IN PUBLICATIONS OF THE DEPARTMENT OF THE ARMY OR AIR 4,675
FORCE AND THE NATIONAL GUARD BUREAU. 4,676
(B) On termination of an emergency in which the officers 4,678
and enlisted men PERSONNEL of the Ohio national guard have been 4,679
called or drafted ORDERED into federal service by the president 4,681
of the United States, in accordance with ACCORDING TO the laws of 4,683
the United States, such called or drafted officers and enlisted
men THOSE PERSONS shall continue to serve in the Ohio national 4,685
guard until the dates upon which their commissions or enlistments 4,686
SERVICE OBLIGATIONS entered into prior to BEFORE the call or 4,687
draft ORDER into the federal service would have expired if 4,688
uninterrupted.
Sec. 5919.22. No officer or enlisted man PERSON may be 4,698
discharged from the Ohio national guard except as provided in 4,700
103
section 5919.01 to 5919.25, inclusive, of the Revised Code; nor 4,702
shall any officer be demoted for any cause except upon his 4,703
written consent; nor shall the enlistment of any eligible citizen 4,704
or alien who has declared his intention to become a citizen be 4,705
denied, except as provided in such sections BY PUBLICATIONS OF 4,706
THE DEPARTMENT OF THE ARMY OR AIR FORCE AND THE NATIONAL GUARD 4,707
BUREAU.
Sec. 5919.25. The Ohio national guard shall, as far as 4,717
practicable, SHALL be uniformed, armed, and equipped with the 4,719
same type of uniforms, arms, and equipment as is provided for the 4,720
armed forces of the United States AIR FORCE OR ARMY. 4,721
Sec. 5919.28. The system of tactics, field exercises, and 4,731
training for the armed forces of the United States ARMY OR AIR 4,732
FORCE shall be the system of tactics, field exercises, and 4,734
training for the Ohio national guard.
Sec. 5919.29. (A) The governor as commander in chief may 4,745
order individuals and units of the Ohio national guard to perform 4,747
any training or duty authorized under the "Act of August 10, 4,748
1956," 70A Stat. 596, 32 U.S.C.A. 101-716 101 TO 716, and under 4,750
regulations prescribed by the president of the United States, the 4,752
secretary of defense, the secretary of the army, the secretary of 4,753
the air force, or the chief of the national guard bureau. 4,754
(B) When ordered by the governor to perform training or 4,756
duty under this section or section 5923.12 of the Revised Code, 4,758
members of the Ohio national guard shall have the protections 4,759
afforded to persons on federal active duty by "The Soldiers and 4,760
Sailors Civil Relief Act of 1940," 54 Stat. 1178, 50 App. 4,762
U.S.C.A. 501-548 and 560-591, AND BY THE "UNIFORMED SERVICES 4,764
EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 4,765
38 U.S.C.A. 4301 TO 4333. 4,766
Sec. 5919.30. There shall be an annual inspection (A) 4,776
INSPECTION of each organization and unit UNITS OF THE OHIO 4,778
NATIONAL GUARD SHALL BE CONDUCTED under such rules and 4,779
regulations as are prescribed under the National Defense Act by 4,780
104
the president of the United States or secretary of defense THE 4,781
ARMY OR SECRETARY OF THE AIR FORCE AND THE CHIEF OF THE NATIONAL 4,782
GUARD BUREAU. The 4,784
(B) THE adjutant general or an officer acting under his 4,787
THE ADJUTANT GENERAL'S authority may make such other inspections 4,788
as are considered necessary by the adjutant general.
Sec. 5919.32. While one duty under the authority of the 4,798
department of defense of the United States, and in going to and 4,799
returning therefrom, officers and enlisted men of the Ohio 4,801
national guard shall receive such pay and allowances as are 4,803
allowed by the department of defense. For attendance at armory
drill SATISFACTORILY PERFORMING INACTIVE DUTY FOR TRAINING, 4,804
ANNUAL TRAINING, AND ACTIVE DUTY FOR SPECIAL WORK, officers and 4,805
enlisted men PERSONNEL of the Ohio national guard shall receive 4,806
such pay and allowances as are FROM THE UNITED STATES authorized 4,808
and allowed by the department of defense PAY MANUAL, subject to 4,809
such rules and regulations as may be promulgated by UNDER it. 4,810
Sec. 5919.33. Upon certification of availability of funds 4,820
by the director of budget and management, the adjutant general 4,821
shall pay a death benefit of twenty thousand dollars from the 4,822
appropriations for operating expenses, to the beneficiary or 4,824
beneficiaries of any member of the Ohio national guard who dies
while performing state active duty under orders issued by 4,825
competent authority. Provided such THE ADJUTANT GENERAL ON 4,826
BEHALF OF THE GOVERNOR, IF THE beneficiary or beneficiaries has 4,827
or have been so designated in a written statement as prescribed 4,828
by the adjutant general.
Sec. 5919.35. (A) THE STOCKAGE, ACCOUNTABILITY, ISSUANCE, 4,830
AND DISPENSING OF ANY DRUG, AS DEFINED IN SECTION 4729.02 OF THE 4,831
REVISED CODE, THAT IS ISSUED TO ANY UNIT OR MEMBER OF THE OHIO 4,832
NATIONAL GUARD IS GOVERNED EXCLUSIVELY BY REGULATIONS OR OTHER 4,833
DIRECTIVES PRESCRIBED BY THE UNITED STATES ARMY OR AIR FORCE AND 4,834
THE NATIONAL GUARD BUREAU. OHIO NATIONAL GUARD UNITS AND 4,835
PERSONNEL ARE NOT SUBJECT TO CHAPTER 4729. OR 3715. OF THE 4,836
105
REVISED CODE OR OTHER STATUTES OR REGULATIONS IN CONFLICT WITH 4,837
MILITARY REGULATIONS OR OTHER DIRECTIVES WHEN ACTING IN 4,838
FURTHERANCE OF THEIR OFFICIAL DUTIES. 4,839
(B) THIS SECTION APPLIES DESPITE THE ORDER OF OHIO 4,841
NATIONAL GUARD UNITS OR PERSONNEL TO STATE ACTIVE DUTY UNDER 4,842
SECTION 5923.22 OF THE REVISED CODE OR THE FACT THAT ACCOUNTABLE 4,843
OFFICERS OR EMPLOYEES OF THE OHIO NATIONAL GUARD ARE EMPLOYED IN 4,844
A CIVILIAN STATUS. 4,845
Sec. 5920.10. Whenever the Ohio military reserve or any 4,854
part thereof is ordered out for active service by the governor, 4,855
the Ohio code of military justice shall be in full force in 4,856
respect to such forces. Every officer and enlisted man of such 4,858
forces shall, during his service therein, be exempt from service 4,859
upon any posse comitatus and from jury duty. 4,860
Sec. 5921.09. The Ohio naval militia shall be organized, 4,869
governed, drilled, and instructed in accordance with the 4,870
regulations and customs provided for the navy of the United 4,871
States, and Chapter 5924. of the Revised Code, together with the 4,873
orders of the governor. Every commissioned officer, warrant
officer, and enlisted member, when ordered out for active service 4,875
by the governor, shall during his service therein, be exempt from 4,876
service upon any posse comitatus and from jury duty. 4,877
Sec. 5923.01. (A) The OHIO ORGANIZED militia of the state 4,887
shall consist CONSISTS of all able-bodied citizens of the state 4,888
WHO ARE NOT PERMANENTLY HANDICAPPED, AS HANDICAPPED IS DEFINED IN 4,890
SECTION 4112.01 OF THE REVISED CODE, who are more than seventeen 4,891
years of age, and not more than sixty-seven years, of age except 4,892
UNLESS EXEMPTED as provided in section 5923.03 5923.02 of the 4,894
Revised Code. The militia shall be divided into four classes, 4,895
AND WHO ARE MEMBERS OF ONE OF THE FOLLOWING: 4,897
(A)(1) The Ohio national guard; 4,898
(B)(2) The Ohio naval militia; 4,900
(C)(3) The Ohio military reserve; 4,902
(D) The unorganized militia. 4,904
106
(B) The Ohio national guard, INCLUDING BOTH THE OHIO AIR 4,908
NATIONAL GUARD AND THE OHIO ARMY NATIONAL GUARD, the Ohio naval 4,909
militia, and the Ohio military reserve shall be ARE known 4,910
collectively as the OHIO organized militia.
"Military forces" includes the (C) THE Ohio national 4,913
guard, the Ohio naval militia, AND the Ohio military reserve, and 4,914
the unorganized militia. 4,915
"National Defense Act," means an act of congress, entitled 4,917
"An act for making further and more effectual provision for the 4,918
national defense and for other purposes," approved by the 4,919
president, June 3, 1916, and all acts amendatory thereof and 4,920
supplementary thereto ARE KNOWN COLLECTIVELY AS THE STATE DEFENSE 4,921
FORCES. 4,922
(D) No troops shall be maintained in time of peace other 4,924
than as authorized and prescribed under the "National Defense Act 4,925
ACT OF AUGUST 10, 1956," 70A STAT. 596, 32 U.S.C.A. 101 TO 716." 4,927
Such THIS limitation does not affect the right of the state to 4,928
the use of the ITS ORGANIZED militia within its borders in time 4,929
of peace as prescribed in BY the military laws of this state. 4,930
This section does not prevent the organization and maintenance of 4,932
police.
Sec. 5923.02. The (A) THE FOLLOWING PERSONS, IF SUBJECT 4,942
TO DUTY IN THE OHIO ORGANIZED MILITIA, MAY BE EXEMPTED BY THE 4,944
ADJUTANT GENERAL FROM DUTY ON REQUEST: 4,945
(1) THE VICE-PRESIDENT OF THE UNITED STATES; 4,947
(2) THE officers, judicial and executive, of the 4,950
departments of the state and of the United States, and the
members of the general assembly, without regard to age, shall be 4,951
exempt from duty in the Ohio militia, and all persons who; 4,952
(3) MEMBERS OF THE ARMED FORCES OF THE UNITED STATES OR 4,954
THEIR RESERVE COMPONENTS; 4,955
(4) CUSTOMHOUSE CLERKS; 4,957
(5) EMPLOYEES OF THE UNITED STATES POSTAL SERVICE; 4,959
(6) WORKERS EMPLOYED IN ARMORIES, ARSENALS, OR NAVAL 4,961
107
SHIPYARDS OF THE UNITED STATES; 4,962
(7) PILOTS ON THE NAVIGABLE WATERS OF THE UNITED STATES; 4,964
(8) MARINERS LICENSED BY THE UNITED STATES. 4,966
(B) ANY PERSON because of religious belief OR OTHER MORAL 4,968
CONVICTION HELD AS A MATTER OF CONSCIENCE MAY claim exemption 4,969
from military OHIO ORGANIZED MILITIA service, when the 4,970
conscientious holding of such belief by such person is 4,971
established under such regulations as the governor prescribes, 4,972
shall be exempted from military service in a combatant capacity; 4,973
but no person so exempted shall be exempt from military service 4,974
in any capacity that the governor declares to be noncombatant. 4,975
Sec. 5923.03. (A) The Ohio national guard and the Ohio 4,985
naval militia shall consist CONSISTS of the MEMBERS OF THE OHIO 4,987
ORGANIZED militia regularly WHO ARE enlisted therein, transferred 4,988
or assigned thereto under the laws and regulations of the United 4,989
States, and of the officers and warrant officers regularly 4,990
commissioned and, OR warranted therein or assigned thereto, IN 4,992
THE OHIO NATIONAL GUARD, ALL as shall be prescribed by 4,993
PUBLICATIONS OF the department of defense THE ARMY OR AIR FORCE 4,994
AND THE NATIONAL GUARD BUREAU for the national guard and the 4,995
naval militia AS PRESCRIBED BY CHAPTER 5919. OF THE REVISED CODE. 4,996
The
(B) THE Ohio military reserve shall consist CONSISTS of 4,999
the MEMBERS OF THE OHIO ORGANIZED militia who are more than 5,000
seventeen years of age and regularly enlisted therein, and of 5,001
officers between the ages of eighteen and sixty-seven years
regularly, commissioned therein or assigned thereto, OR WARRANTED 5,003
IN THE OHIO MILITARY RESERVE AS PRESCRIBED BY CHAPTER 5920. OF 5,005
REVISED CODE.
(C) THE OHIO NAVAL MILITIA CONSISTS OF THE MEMBERS OF THE 5,008
OHIO ORGANIZED MILITIA WHO ARE ENLISTED, COMMISSIONED, OR
WARRANTED IN THE OHIO NAVAL MILITIA AS PRESCRIBED BY CHAPTER 5,009
5921. OF THE REVISED CODE. 5,010
Sec. 5923.05. (A)(1) Permanent public employees, as 5,019
108
defined in section 5903.01 of the Revised Code, who are members 5,020
of the Ohio national guard, the Ohio military reserve, the Ohio 5,021
naval ORGANIZED militia, or members of other reserve components 5,022
of the armed forces of the United States, INCLUDING THE OHIO 5,023
NATIONAL GUARD, are entitled to leave of absence from their 5,024
respective duties POSITIONS without loss of pay for such THE time 5,026
as they are performing military duty SERVICE IN THE UNIFORMED 5,027
SERVICES, as defined in section 5903.01 of the Revised Code for 5,029
periods not to exceed twenty-two eight-hour work days or one 5,030
hundred seventy-six hours in any one calendar year OF UP TO ONE 5,031
MONTH, for each calendar year in which military duty is performed 5,032
THEY ARE PERFORMING SERVICE IN THE UNIFORMED SERVICES. 5,033
(2) As used in this section, "calendar year" means the 5,035
year beginning on the first day of January and ending on the last 5,036
day of December, AND "MONTH" MEANS TWENTY-TWO EIGHT-HOUR WORK 5,037
DAYS OR ONE HUNDRED SEVENTY-SIX HOURS WITHIN ONE CALENDAR YEAR. 5,039
(B) Except as otherwise provided in division (C) of this 5,041
section, any permanent public employee who is entitled to the 5,042
leave provided under division (A) of this section and who is 5,043
called OR ORDERED to military duty THE UNIFORMED SERVICES for a 5,046
period in excess of twenty-two eight-hour work days or one
hundred seventy-six hours in any one calendar year LONGER THAN A 5,047
MONTH, for each calendar year in which military duty is THE 5,049
EMPLOYEE performed SERVICE IN THE UNIFORMED SERVICES, because of 5,050
an executive order issued by the president of the United States 5,051
or an act of congress is entitled, during the period designated
in the order or act, to a leave of absence and to be paid, during 5,052
each month of that MONTHLY PAY period OF THAT LEAVE OF ABSENCE, 5,054
the lesser of the following:
(1) The difference between his THE PERMANENT PUBLIC 5,056
EMPLOYEE'S gross monthly wage or salary as an officer or 5,058
PERMANENT PUBLIC employee and the sum of his THE PERMANENT PUBLIC 5,059
EMPLOYEE'S gross military UNIFORMED pay and allowances received 5,060
that month;
109
(2) Five hundred dollars. 5,062
(C) No permanent public employee shall receive payments 5,064
under division (B) of this section if the sum of his THE 5,065
PERMANENT PUBLIC EMPLOYEE'S gross military UNIFORMED pay and 5,067
allowances received in a month PAY PERIOD exceeds his THE 5,068
EMPLOYEE'S gross monthly wage or salary as a permanent public 5,069
employee FOR THAT PERIOD or if the permanent public employee is 5,070
receiving his pay pursuant to UNDER division (A) of this section. 5,071
(D) Any political subdivision of the state, as defined in 5,073
section 2744.01 of the Revised Code, may elect to pay any of its 5,076
permanent public employees who are entitled to the leave provided 5,077
under division (A) of this section and who are called OR ORDERED 5,078
to military duty THE UNIFORMED SERVICES for a period in excess of 5,080
twenty-two eight-hour work days or one hundred seventy-six hours 5,081
in any one calendar year LONGER THAN ONE MONTH, for each calendar 5,082
year in which military duty is THE EMPLOYEE performed SERVICE IN 5,083
THE UNIFORMED SERVICES, because of an executive order issued by 5,084
the president or an act of congress, such payments, in addition 5,085
to those payments required by division (B) of this section, as 5,086
may be authorized by the legislative authority of the political 5,087
subdivision. 5,088
(E) Each permanent public employee who is entitled to 5,090
leave provided under division (A) of this section shall submit to 5,091
his THE PERMANENT PUBLIC EMPLOYEE'S appointing authority the 5,092
published order authorizing the military duty CALL OR ORDER TO 5,094
THE UNIFORMED SERVICES or a written statement from the 5,095
appropriate military commander authorizing such duty THAT 5,096
SERVICE, prior to being credited with such leave. 5,099
(F) Any permanent public employee of a political 5,101
subdivision whose employment is governed by a collective 5,102
bargaining agreement with provision for military leave THE 5,103
PERFORMANCE OF SERVICE IN THE UNIFORMED SERVICES shall abide by 5,105
the terms of that collective bargaining agreement with respect to 5,106
military leave THE PERFORMANCE OF SUCH SERVICE, EXCEPT THAT NO 5,107
110
COLLECTIVE BARGAINING AGREEMENT MAY AFFORD FEWER RIGHTS AND 5,108
BENEFITS THAN ARE CONFERRED UNDER THIS SECTION. 5,109
Sec. 5923.09. Each enlisted man MEMBER and each 5,119
commissioned OR WARRANT officer of the Ohio military reserve 5,121
shall OR OHIO NAVAL MILITIA, IF FUNDS ARE APPROPRIATED FOR THIS 5,122
PURPOSE BY THE GENERAL ASSEMBLY, MAY be paid at rates to be 5,123
prescribed from time to time by the governor as commander in 5,124
chief ADJUTANT GENERAL but not exceeding one-thirtieth of the 5,125
monthly base pay of his THE MEMBER'S OR OFFICER'S grade, as is 5,126
provided for enlisted men MEMBERS or commissioned OR WARRANT 5,128
officers of the armed forces of the United States UNDER THE 5,129
DEPARTMENT OF DEFENSE PAY MANUAL, for each authorized regular 5,130
drill attended, to be paid quarterly MONTHLY. 5,131
Sec. 5923.10. (A) If any enlisted man MEMBER in the Ohio 5,142
national guard, Ohio naval ORGANIZED militia, or the Ohio 5,143
military reserve willfully, maliciously, purposely, or through 5,144
carelessness or neglect, permits any of the arms, equipment, or 5,145
other property issued to him THE ENLISTED MEMBER belonging to the 5,146
state or the United States, to become lost, damaged, or 5,148
destroyed, the commanding officer of his THE ENLISTED MEMBER'S 5,149
company, troop, battery, detachment, or other organization shall 5,150
charge the value of the same LOST, DAMAGED, OR DESTROYED ARMS, 5,151
EQUIPMENT, OR OTHER PROPERTY against any pay due him THE ENLISTED 5,152
MEMBER under such rules applicable thereto as prescribed by the 5,153
department of defense or the governor ADJUTANT GENERAL. 5,154
All (B) ALL PROPERTY OF THE UNITED STATES ISSUED TO A UNIT 5,157
OR MEMBER OF THE OHIO NATIONAL GUARD SHALL BE ACCOUNTED AND 5,158
RECOUPED FOR AS PROVIDED BY THE REGULATIONS PRESCRIBED BY THE 5,159
ARMY OR THE AIR FORCE AND THE NATIONAL GUARD BUREAU, AS
APPROPRIATE AND AS SUPPLEMENTED BY THE ADJUTANT GENERAL. 5,160
(C) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF CHAPTER 5,162
2716. OF THE REVISED CODE, ALL allowances and pay provided for 5,165
officers and enlisted men MEMBERS OF THE OHIO ORGANIZED MILITIA 5,166
shall be applied SUBJECT to the payment of any shortage of or 5,168
111
injury to state or United States property or funds for which such 5,169
THOSE officers or enlisted men MEMBERS are responsible or 5,170
accountable. 5,171
Sec. 5923.21. (A) The OHIO organized militia may be 5,181
called by the governor by proclamation to aid the civil 5,183
authorities to do any of the following:
(1) Execute the laws of this state; 5,185
(2) Suppress insurrection; 5,187
(3) Repel invasion; 5,189
(4) Act in the event of a disaster, as defined in section 5,191
5502.21 of the Revised Code, within the state; 5,192
(5) Promote the health, safety, and welfare of the 5,194
citizens of this state.
(B) In all cases, the organized militia shall be called to 5,196
state active duty before the unorganized militia. 5,197
(C) The governor's proclamation UNDER DIVISION (A) OF THIS 5,199
SECTION shall specify the statutory basis of the call. 5,200
Sec. 5923.28. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 5,211
OF THIS SECTION, THE military laws of this state shall conform to 5,212
all laws OF and regulations of PROMULGATED BY the United States 5,213
affecting the same subject and anything to the contrary shall be 5,214
IS void so long as IF the subject matter has been acted on by the 5,215
United States ARMY, AIR FORCE, OR NATIONAL GUARD BUREAU. 5,216
(B) All matters relating to the organization, discipline, 5,218
and government of the military STATE DEFENSE forces, not 5,219
otherwise provided by the laws of this state or the rules and 5,220
regulations promulgated thereunder UNDER THOSE LAWS, shall be 5,221
decided by the custom, regulations, and usage of the armed forces 5,223
of the United States.
Sec. 5924.15. Under such regulations as the governor may 5,232
prescribe, and under such additional regulations as may be 5,233
prescribed by the adjutant general of Ohio, limitations may be 5,234
placed on the powers granted by this section with respect to the 5,235
kind and amount of punishment authorized, the categories of
112
commanding officers and warrant officers exercising command 5,236
authorized to exercise those powers, the applicability of this 5,237
section to an accused who demands trial by court-martial, and the 5,238
kinds of courts-martial to which the case may be referred upon 5,239
such a demand. However, except in the case of a member attached 5,240
to, or embarked in a vessel, punishment may not be imposed upon
any person subject to this code under this section if such person 5,241
has, before the imposition of such punishment, demanded trial by 5,242
court-martial in lieu of such punishment. Under similar 5,243
regulations, rules may be prescribed with respect to the 5,244
suspension of punishments authorized hereunder. Subject to the
foregoing, any commanding officer, and for the purposes of this 5,245
section the adjutant general of Ohio, may, in addition to or in 5,246
lieu of admonition or reprimand, impose one or more of the 5,247
following disciplinary punishments for minor offenses without the 5,248
intervention of a court-martial:
(A) Upon officers of his THE COMMANDING OFFICER'S command: 5,250
(1) Restriction to certain specified limits, with or 5,252
without suspension from duty, for not more than thirty 5,253
consecutive days;
(2) If imposed by the governor, the adjutant general, the 5,255
commanding officer of a force of the organized militia, or the 5,256
commanding general of a division;: 5,257
(a) Arrest in quarters for not more than thirty 5,259
consecutive days;
(b) Fine or forfeiture of not more than one-half of one 5,261
month's pay per month for two months, or the sum of one hundred 5,262
fifty dollars, whichever is greater;
(c) Restriction to certain specified limits, with or 5,264
without suspension from duty, for not more than sixty consecutive 5,265
days;
(d) Detention of not more than one-half of one month's pay 5,267
per month for three months, or the sum of two hundred twenty-five 5,268
dollars, whichever is greater;. 5,269
113
(B) Upon other military personnel of his THE COMMANDING 5,271
OFFICER'S command: 5,272
(1) If imposed upon a person attached to or embarked in a 5,274
vessel, confinement on bread and water or diminished rations for 5,275
not more than three consecutive days; 5,276
(2) Correctional custody for not more than seven 5,278
consecutive days;
(3) Fine or forfeiture of not more than seven days' pay, 5,280
or the sum of twenty-five dollars, whichever is greater; 5,281
(4) Reduction to the next inferior pay grade, if the grade 5,283
from which demoted is within the promotion authority of the 5,284
officer imposing the reduction or any officer subordinate to the 5,285
one who imposes the reduction;
(5) Extra duties, including fatigue or other duties, for 5,287
not more than fourteen consecutive days; 5,288
(6) Restriction to certain specified limits, with or 5,290
without suspension from duty, for not more than fourteen 5,291
consecutive days;
(7) Detention of not more than fourteen days' pay, or the 5,293
sum of fifty dollars, whichever is greater; 5,294
(8) If imposed by an officer of the grade of major or 5,296
lieutenant commander, or above;. 5,298
(a) The punishment authorized under division (B)(1) of 5,300
this section;
(b) Correctional custody for not more than thirty 5,302
consecutive days;
(c) Fine or forfeiture of not more than one-half of one 5,304
month's pay per month for two months, or the sum of fifty 5,305
dollars, whichever is greater;
(d) Reduction to the lowest or any intermediate pay grade, 5,307
if the grade from which demoted is within the promotion authority 5,308
of the officer imposing the reduction or any officer subordinate 5,309
to the one who imposes the reduction, but an enlisted member in 5,310
pay grade above E-4 may not be reduced more than two pay grades; 5,311
114
(e) Extra duties, including fatigue or other duties, for 5,313
not more than forty-five consecutive days; 5,314
(f) Restriction to certain specified limits, with or 5,316
without suspension from duty, for not more than sixty consecutive 5,317
days;
(g) Detention of not more than one-half of one month's pay 5,319
per month for three months, or the sum of seventy-five dollars, 5,321
whichever is greater;. 5,322
Detention of pay shall be for a stated period of not more 5,324
than one year, but if the offender's term of service expires 5,326
earlier, the detention shall terminate upon that expiration. No 5,327
two or more of the punishments of arrest in quarters, confinement 5,329
on bread and water or diminished rations, correctional custody,
extra duties, and restriction may be combined to run 5,330
consecutively in the maximum amount imposable for each. Whenever 5,331
any of those punishments are combined to run consecutively, there 5,332
must be an apportionment. In addition, forfeiture of pay may not 5,333
be combined with detention of pay without an apportionment. For 5,334
the purposes of this section "correctional custody" is the
physical restraint of a person during duty or nonduty hours and 5,335
may include extra duties, fatigue duties, or hard labor. If 5,336
practicable, correctional custody will not be served in immediate 5,337
association with persons awaiting trial or held in confinement 5,338
pursuant to trial by court-martial or civilian court.
(C) An officer in charge may impose upon enlisted members 5,340
assigned to the unit of which he THE OFFICER is in charge such of 5,342
the punishments authorized under divisions (B)(1) to (B)(7) of 5,344
this section, as the governor or adjutant general may
specifically prescribe by regulation. 5,345
(D) The officer who imposes the punishment authorized in 5,347
divisions (A) or (B) of this section, or his THE OFFICER'S 5,348
successor in command, may, at any time, suspend probationally any 5,350
part or amount of the unexecuted punishment imposed and may
suspend probationally a reduction in grade or a forfeiture 5,351
115
imposed under divisions (A) or (B) of this section, whether or 5,352
not executed. In addition, he THE OFFICER WHO IMPOSED THE 5,353
PUNISHMENT may, at any time, remit or mitigate any part or amount 5,354
of the unexecuted punishment imposed and may set aside in whole 5,355
or in part the punishment, whether executed or unexecuted, and 5,356
restore all rights, privileges, and property affected. He THE 5,357
OFFICER WHO IMPOSED THE PUNISHMENT may also mitigate reduction in 5,358
grade to forfeiture or detention of pay. When mitigating: 5,359
(1) Arrest in quarters to restriction; 5,361
(2) Confinement on bread and water or diminished rations 5,363
to correctional custody; 5,364
(3) Correctional custody or confinement on bread and water 5,366
or diminished rations to extra duties or restriction, or both; or 5,367
(4) Extra duties to restriction; 5,369
the mitigated punishment shall not be for a greater period than 5,371
the punishment mitigated. When mitigating forfeiture of pay to 5,372
detention of pay, the amount of the detention shall not be 5,373
greater than the amount of the forfeiture. When mitigating 5,374
reduction in grade to forfeiture or detention of pay, the amount
of the forfeiture or detention shall not be greater than the 5,375
amount that could have been imposed initially under this section 5,376
by the officer who imposed the punishment mitigated. 5,377
(E) A person punished under this section who considers his 5,379
THE punishment unjust or disproportionate to the offense may, 5,380
through the proper channel, appeal to the next superior 5,381
authority. The appeal shall be promptly forwarded and decided, 5,382
but the person punished may in the meantime be required to 5,383
undergo the punishment adjudged. The superior authority may
exercise the same powers with respect to the punishment imposed 5,384
as may be exercised under division (D) of this section by the 5,386
officer who imposed the punishment. Before acting on an appeal 5,387
from a punishment of:
(1) Arrest in quarters for more than seven days; 5,389
(2) Correctional custody for more than seven days; 5,391
116
(3) Forfeiture of more than seven days' pay; 5,393
(4) Reduction of one or more pay grades from the fourth or 5,395
a higher pay grade; 5,396
(5) Extra duties for more than fourteen days; 5,398
(6) Restriction for more than fourteen days; or 5,400
(7) Detention of more than fourteen days' pay; 5,402
the authority who is to act on the appeal shall refer the case to 5,404
a judge advocate of the Ohio army national guard or the Ohio air 5,405
national guard, or a law specialist of the Ohio naval militia for 5,407
consideration and advice, and may so refer the case upon appeal 5,408
from any punishment imposed under divisions (A) or (B) of this 5,409
section.
(F) The imposition and enforcement of disciplinary 5,411
punishment under this section for any act or omission is not a 5,412
bar to trial by court-martial for a serious crime or offense 5,413
growing out of the same act or omission, and not properly 5,414
punishable under this section; but the fact that a disciplinary
punishment has been enforced may be shown by the accused upon 5,415
trial, and when so shown shall be considered in determining the 5,416
measure of punishment to be adjudged in the event of a finding of 5,417
guilty.
(G) The governor or the adjutant general may, by 5,419
regulation, prescribe the form of records to be kept of 5,420
proceedings under this section and may also prescribe that 5,421
certain categories of those proceedings shall be in writing.
(H) The punishments imposed pursuant to this section, 5,423
except fine and forfeiture of pay, shall not extend beyond the 5,424
termination of the duty status of the individual punished. 5,425
Section 2. That existing sections 111.15, 124.11, 141.02, 5,427
145.01, 145.30, 718.01, 1751.54, 3319.13, 3319.14, 3923.381, 5,428
3923.382, 4117.01, 4141.01, 4506.02, 4911.04, 5101.312, 5903.01, 5,429
5903.99, 5911.011, 5911.03, 5911.04, 5911.08, 5913.01, 5913.02, 5,430
5913.021, 5913.03, 5913.04, 5913.05, 5913.051, 5913.06, 5913.07, 5,431
5913.08, 5913.09, 5913.10, 5913.17, 5919.01, 5919.02, 5919.04, 5,432
117
5919.071, 5919.09, 5919.12, 5919.13, 5919.14, 5919.15, 5919.16, 5,433
5919.17, 5919.22, 5919.25, 5919.28, 5919.29, 5919.30, 5919.32,
5919.33, 5920.10, 5921.09, 5923.01, 5923.02, 5923.03, 5923.05, 5,434
5923.09, 5923.10, 5923.21, 5923.28, and 5924.15 and sections 5,435
124.28, 124.29, 5903.02, 5903.03, 5903.04, 5903.05, 5903.09, 5,437
5913.013, 5913.11, 5917.01, 5917.02, 5917.03, 5917.04, 5917.05, 5,438
5917.06, 5917.99, 5919.20, 5923.051, and 5923.35 of the Revised
Code are hereby repealed. 5,439
Section 3. This act is hereby declared to be an emergency 5,441
measure necessary for the immediate preservation of the public 5,442
peace, health, and safety. The reason for such necessity is that 5,443
immediate action is crucial to enable the Adjutant General's 5,444
Department to capitalize on time-sensitive federal actions
scheduled for September 30, 1997. Therefore, this act shall go 5,445
into immediate effect. 5,446