As Passed by the House 1
122nd General Assembly 4
Regular Session Am. 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
REPRESENTATIVES REID-BRITTON-SCHULER-PADGETT-BRADING-THOMAS- 10
TERWILLEGER-CORBIN-GRENDELL-LEWIS-GARCIA-MASON-VERICH- 11
TAYLOR-GARDNER-ROMAN-OPFER 12
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A B I L L
To amend sections 111.15, 124.11, 141.02, 145.01, 16
145.30, 718.01, 1751.54, 3319.13, 3319.14, 17
3923.381, 3923.382, 4117.01, 4141.01, 4506.02, 18
4911.04, 5101.312, 5903.01, 5903.99, 5911.011,
5911.03, 5911.04, 5911.08, 5913.01, 5913.02, 19
5913.021, 5913.03, 5913.04, 5913.05, 5913.051, 20
5913.06, 5913.07, 5913.08, 5913.09, 5913.10, 21
5913.17, 5919.01, 5919.02, 5919.04, 5919.071, 22
5919.09, 5919.12, 5919.13, 5919.14, 5919.15, 23
5919.16, 5919.17, 5919.22, 5919.25, 5919.28, 24
5919.29, 5919.30, 5919.32, 5919.33, 5920.10, 25
5921.09, 5923.01, 5923.02, 5923.03, 5923.05, 26
5923.09, 5923.10, 5923.21, 5923.28, and 5924.15, 28
to enact new sections 124.29 and 5903.02 and 30
section 5919.35, and to repeal sections 124.28,
124.29, 5903.02, 5903.03, 5903.04, 5903.05, 32
5903.09, 5913.013, 5913.11, 5917.01, 5917.02,
5917.03, 5917.04, 5917.05, 5917.06, 5917.99, 33
5919.20, 5923.051, and 5923.35 of the Revised 34
Code to exempt more clearly Reserve and Ohio 35
National Guard pay and allowances from municipal 37
taxation; to give statutory effect to the federal 38
exemption for military vehicles from the state 39
Commercial Driver's License Law; to conform more 40
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closely to federal regulations state law 41
governing the Ohio National Guard and the state 43
military; to repeal the state Military Census
Law; to make other changes in the law governing 45
the Ohio military; and to declare an emergency. 46
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 48
Section 1. That sections 111.15, 124.11, 141.02, 145.01, 50
145.30, 718.01, 1751.54, 3319.13, 3319.14, 3923.381, 3923.382, 51
4117.01, 4141.01, 4506.02, 4911.04, 5101.312, 5903.01, 5903.99, 52
5911.011, 5911.03, 5911.04, 5911.08, 5913.01, 5913.02, 5913.021, 54
5913.03, 5913.04, 5913.05, 5913.051, 5913.06, 5913.07, 5913.08, 55
5913.09, 5913.10, 5913.17, 5919.01, 5919.02, 5919.04, 5919.071, 56
5919.09, 5919.12, 5919.13, 5919.14, 5919.15, 5919.16, 5919.17, 57
5919.22, 5919.25, 5919.28, 5919.29, 5919.30, 5919.32, 5919.33, 58
5920.10, 5921.09, 5923.01, 5923.02, 5923.03, 5923.05, 5923.09, 59
5923.10, 5923.21, 5923.28, and 5924.15 be amended and that new 61
sections 124.29 and 5903.02 and section 5919.35 of the Revised 62
Code be enacted to read as follows: 63
Sec. 111.15. (A) As used in this section: 72
(1) "Rule" includes any rule, regulation, bylaw, or 74
standard having a general and uniform operation adopted by an 75
agency under the authority of the laws governing the agency; any 76
appendix to a rule; and any internal management rule. "Rule" 77
does not include any guideline adopted pursuant to section 78
3301.0714 of the Revised Code, any order respecting the duties of 79
employees, any finding, any determination of a question of law or 80
fact in a matter presented to an agency, or any rule promulgated 81
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) 82
of section 5117.02, or section 5703.14 of the Revised Code. 83
"Rule" includes any amendment or rescission of a rule. 84
(2) "Agency" means any governmental entity of the state 86
and includes, but is not limited to, any board, department, 87
division, commission, bureau, society, council, institution, 88
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state college or university, community college district, 89
technical college district, or state community college. "Agency" 90
does not include the general assembly, THE ADJUTANT GENERAL'S 91
DEPARTMENT, or any court. 92
(3) "Internal management rule" means any rule, regulation, 94
bylaw, or standard governing the day-to-day staff procedures and 95
operations within an agency. 96
(4) "Substantive revision" has the same meaning as in 98
division (J) of section 119.01 of the Revised Code. 99
(B)(1) Any rule, other than a rule of an emergency nature, 101
adopted by any agency pursuant to this section shall be effective 102
on the tenth day after the day on which the rule in final form 103
and in compliance with division (B)(3) of this section is filed 104
as follows: 105
(a) Two certified copies of the rule shall be filed with 107
both the secretary of state and the director of the legislative 108
service commission; 109
(b) Two certified copies of the rule shall be filed with 111
the joint committee on agency rule review. Division (B)(1)(b) of 112
this section does not apply to any rule to which division (D) of 113
this section does not apply. 114
An agency that adopts or amends a rule that is subject to 116
division (D) of this section shall assign a review date to the 118
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 119
assigned to a rule exceeds the five-year maximum, the review date 120
for the rule is five years after its effective date. A rule with 121
a review date is subject to review under section 119.032 of the 122
Revised Code. This paragraph does not apply to a rule of a state 124
college or university, community college district, technical
college district, or state community college. 125
If all copies are not filed on the same day, the rule shall 127
be effective on the tenth day after the day on which the latest 128
filing is made. If an agency in adopting a rule designates an 129
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effective date that is later than the effective date provided for 130
by division (B)(1) of this section, the rule if filed as required 131
by such division shall become effective on the later date 132
designated by the agency. 133
Any rule that is required to be filed under division (B)(1) 135
of this section is also subject to division (D) of this section 136
if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), 138
or (8) of this section.
(2) A rule of an emergency nature necessary for the 140
immediate preservation of the public peace, health, or safety 141
shall state the reasons for the necessity. Copies of the 142
emergency rule, in final form and in compliance with division 143
(B)(3) of this section, shall be filed as follows: two certified 144
copies of the emergency rule shall be filed with both the 145
secretary of state and the director of the legislative service 146
commission, and one certified copy of the emergency rule shall be 147
filed with the joint committee on agency rule review. The 148
emergency rule is effective immediately upon the latest filing, 149
except that if the agency in adopting the emergency rule 150
designates an effective date, or date and time of day, that is 151
later than the effective date and time provided for by division 152
(B)(2) of this section, the emergency rule if filed as required 153
by such division shall become effective at the later date, or 154
later date and time of day, designated by the agency. 155
An emergency rule becomes invalid at the end of the 157
ninetieth day it is in effect. Prior to that date, the agency 158
may file the emergency rule as a nonemergency rule in compliance 159
with division (B)(1) of this section. The agency may not refile 160
the emergency rule in compliance with division (B)(2) of this 161
section so that, upon the emergency rule becoming invalid under 162
such division, the emergency rule will continue in effect without 163
interruption for another ninety-day period. 164
(3) An agency shall file a rule under division (B)(1) or 166
(2) of this section in compliance with the following standards 167
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and procedures: 168
(a) The rule shall be numbered in accordance with the 170
numbering system devised by the director for the Ohio 171
administrative code. 172
(b) The rule shall be prepared and submitted in compliance 174
with the rules of the legislative service commission. 175
(c) The rule shall clearly state the date on which it is 177
to be effective and the date on which it will expire, if known. 178
(d) Each rule that amends or rescinds another rule shall 180
clearly refer to the rule that is amended or rescinded. Each 181
amendment shall fully restate the rule as amended. 182
If the director of the legislative service commission or 184
the director's designee gives an agency written notice pursuant 186
to section 103.05 of the Revised Code that a rule filed by the 187
agency is not in compliance with the rules of the legislative 188
service commission, the agency shall within thirty days after 189
receipt of the notice conform the rule to the rules of the 190
commission as directed in the notice. 191
(C) All rules filed pursuant to divisions (B)(1)(a) and 193
(2) of this section shall be recorded by the secretary of state 194
and the director under the title of the agency adopting the rule 195
and shall be numbered according to the numbering system devised 196
by the director. The secretary of state and the director shall 197
preserve the rules in an accessible manner. Each such rule shall 198
be a public record open to public inspection and may be lent to 199
any law publishing company that wishes to reproduce it. 200
(D) At least sixty days before a board, commission, 202
department, division, or bureau of the government of the state 203
files a rule under division (B)(1) of this section, it shall file 204
two copies of the full text of the proposed rule with the joint 205
committee on agency rule review, and the proposed rule is subject 207
to legislative review and invalidation under division (I) of 208
section 119.03 of the Revised Code. If a state board,
commission, department, division, or bureau makes a substantive 209
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revision in a proposed rule after it is filed with the joint 210
committee, the state board, commission, department, division, or 211
bureau shall promptly file two copies of the full text of the 212
proposed rule in its revised form with the joint committee. The 213
latest version of a proposed rule as filed with the joint 214
committee supersedes each earlier version of the text of the same 215
proposed rule. Except as provided in division (F) of this 216
section, a state board, commission, department, division, or 217
bureau shall attach one copy of the rule summary and fiscal 218
analysis prepared under section 121.24 or 127.18 of the Revised 219
Code, or both, to each copy of a proposed rule, and to each copy 220
of a proposed rule in revised form, that is filed under this 221
division. 222
As used in this division, "commission" includes the public 224
utilities commission when adopting rules under a federal or state 225
statute.
This division does not apply to any of the following: 227
(1) A proposed rule of an emergency nature; 229
(2) A rule proposed under section 1121.05, 1121.06, 231
1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 232
4123.411, 4123.44, or 4123.442 of the Revised Code; 234
(3) A rule proposed by an agency other than a board, 236
commission, department, division, or bureau of the government of 237
the state; 238
(4) A proposed internal management rule of a board, 240
commission, department, division, or bureau of the government of 241
the state; 242
(5) A rule proposed by the Ohio student aid commission 244
that complies with a federal law or rule, so long as the proposed 245
rule contains both of the following: 246
(a) A statement that it is proposed for the purpose of 248
complying with a federal law or rule; 249
(b) A citation to the federal law or rule that requires 251
compliance. 252
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(6) Any proposed rule that must be adopted verbatim by an 254
agency pursuant to federal law or rule, to become effective 255
within sixty days of adoption, in order to continue the operation 256
of a federally reimbursed program in this state, so long as the 257
proposed rule contains both of the following: 258
(a) A statement that it is proposed for the purpose of 260
complying with a federal law or rule; 261
(b) A citation to the federal law or rule that requires 263
verbatim compliance. 264
(7) An initial rule proposed by the director of health to 266
impose safety standards, quality-of-care standards, and 267
quality-of-care data reporting requirements with respect to a 268
health service specified in section 3702.11 of the Revised Code, 269
or an initial rule proposed by the director to impose quality 270
standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised 271
Code requires that the rule be adopted under this section; 272
(8) A rule of the state lottery commission pertaining to 274
instant game rules. 275
(E) Whenever a state board, commission, department, 277
division, or bureau files a proposed rule or a proposed rule in 278
revised form under division (D) of this section, it shall also 279
file one copy of the full text of the same proposed rule or 280
proposed rule in revised form with the secretary of state and two 281
copies thereof with the director of the legislative service 282
commission. Except as provided in division (F) of this section, 283
a state board, commission, department, division, or bureau shall 284
attach a copy of the rule summary and fiscal analysis prepared 285
under section 121.24 or 127.18 of the Revised Code, or both, to 286
each copy of a proposed rule or proposed rule in revised form 287
that is filed with the secretary of state or the director of the 288
legislative service commission. 289
(F) Except as otherwise provided in this division, the 291
auditor of state or the auditor of state's designee is not 292
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required to attach a rule summary and fiscal analysis to any copy 294
of a proposed rule, or proposed rule in revised form, that the 295
auditor of state proposes under section 117.12, 117.19, 117.38, 297
or 117.43 of the Revised Code and files under division (D) or (E) 298
of this section. If, however, the auditor of state or the 299
designee prepares a rule summary and fiscal analysis of the 300
original version of such a proposed rule for purposes of 301
complying with section 121.24 of the Revised Code, the auditor of 302
state or designee shall attach a copy of the rule summary and 303
fiscal analysis to each copy of the original version of the 304
proposed rule filed under division (D) or (E) of this section. 305
Sec. 124.11. The civil service of the state and the 313
several counties, cities, civil service townships, city health 314
districts, general health districts, and city school districts 315
thereof shall be divided into the unclassified service and the 316
classified service. 317
(A) The unclassified service shall comprise the following 319
positions, which shall not be included in the classified service, 320
and which shall be exempt from all examinations required by this 321
chapter: 322
(1) All officers elected by popular vote or persons 324
appointed to fill vacancies in such offices; 325
(2) All election officers as defined in section 3501.01 of 327
the Revised Code; 328
(3) The members of all boards and commissions, and heads 330
of principal departments, boards, and commissions appointed by 331
the governor or by and with the governor's consent; and the 332
members of all boards and commissions and all heads of 333
departments appointed by the mayor, or, if there is no mayor, 334
such other similar chief appointing authority of any city or city 335
school district; except as otherwise provided in division (A)(17) 336
or (C) of this section, this chapter does not exempt the chiefs 337
of police departments and chiefs of fire departments of cities or 338
civil service townships from the competitive classified service; 339
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(4) The members of county or district licensing boards or 341
commissions and boards of revision, and deputy county auditors; 342
(5) All officers and employees elected or appointed by 344
either or both branches of the general assembly, and such 345
employees of the city legislative authority as are engaged in 346
legislative duties; 347
(6) All commissioned, WARRANT, and noncommissioned 349
officers and enlisted persons in the military service of the 351
state OHIO ORGANIZED MILITIA, including military appointees in 352
the office of the adjutant general GENERAL'S DEPARTMENT; 353
(7)(a) All presidents, business managers, administrative 355
officers, superintendents, assistant superintendents, principals, 356
deans, assistant deans, instructors, teachers, and such employees 357
as are engaged in educational or research duties connected with 358
the public school system, colleges, and universities, as 359
determined by the governing body of the public school system, 360
colleges, and universities; 361
(b) The library staff of any library in the state 363
supported wholly or in part at public expense. 364
(8) Four clerical and administrative support employees for 366
each of the elective state officers; and three clerical and 367
administrative support employees for other elective officers and 368
each of the principal appointive executive officers, boards, or 369
commissions, except for civil service commissions, that are 370
authorized to appoint such clerical and administrative support 371
employees; 372
(9) The deputies and assistants of state agencies 374
authorized to act for and on behalf of the agency, or holding a 375
fiduciary or administrative relation to that agency and those 376
persons employed by and directly responsible to elected county 377
officials or a county administrator and holding a fiduciary or 378
administrative relationship to such elected county officials or 379
county administrator, and the employees of such county officials 380
whose fitness would be impracticable to determine by competitive 382
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examination, provided that division (A)(9) of this section shall 383
not affect those persons in county employment in the classified 384
service as of September 19, 1961. Nothing in division (A)(9) of 385
this section applies to any position in a county department of 386
human services created pursuant to Chapter 329. of the Revised 387
Code. 388
(10) Bailiffs, constables, official stenographers, and 390
commissioners of courts of record, deputies of clerks of the 391
courts of common pleas who supervise, or who handle public moneys 392
or secured documents, and such officers and employees of courts 393
of record and such deputies of clerks of the courts of common 394
pleas as the director of administrative services finds it 395
impracticable to determine their fitness by competitive 396
examination; 397
(11) Assistants to the attorney general, special counsel 399
appointed or employed by the attorney general, assistants to 400
county prosecuting attorneys, and assistants to city directors of 401
law; 402
(12) Such teachers and employees in the agricultural 404
experiment stations; such students in normal schools, colleges, 405
and universities of the state who are employed by the state or a 406
political subdivision of the state in student or intern 407
classifications; and such unskilled labor positions as the 408
director of administrative services or any municipal civil 409
service commission may find it impracticable to include in the 410
competitive classified service; provided such exemptions shall be 411
by order of the commission or the director, duly entered on the 412
record of the commission or the director with the reasons for 413
each such exemption; 414
(13) Any physician or dentist who is a full-time employee 416
of the department of mental health or the department of mental 417
retardation and developmental disabilities or of an institution 418
under the jurisdiction of either department; and physicians who 419
are in residency programs at the institutions; 420
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(14) Up to twenty positions at each institution under the 422
jurisdiction of the department of mental health or the department 423
of mental retardation and developmental disabilities that the 424
department director determines to be primarily administrative or 425
managerial; and up to fifteen positions in any division of either 426
department, excluding administrative assistants to the director 427
and division chiefs, which are within the immediate staff of a 428
division chief and which the director determines to be primarily 429
and distinctively administrative and managerial; 430
(15) Noncitizens of the United States employed by the 432
state, or its counties or cities, as physicians or nurses who are 433
duly licensed to practice their respective professions under the 434
laws of Ohio, or medical assistants, in mental, tuberculosis, or 435
chronic disease hospitals, or institutions; 436
(16) Employees of the governor's office; 438
(17) Fire chiefs and chiefs of police in civil service 440
townships appointed by boards of township trustees under section 441
505.38 or 505.49 of the Revised Code; 442
(18) Executive directors, deputy directors, and program 444
directors employed by boards of alcohol, drug addiction, and 445
mental health services under Chapter 340. of the Revised Code, 446
and secretaries of the executive directors, deputy directors, and 447
program directors; 448
(19) Superintendents, and management employees as defined 450
in section 5126.20 of the Revised Code, of county boards of 451
mental retardation and developmental disabilities; 452
(20) Physicians, nurses, and other employees of a county 454
hospital who are appointed pursuant to sections 339.03 and 339.06 455
of the Revised Code; 456
(21) The executive director of the state medical board, 458
who is appointed pursuant to division (B) of section 4731.05 of 459
the Revised Code; 460
(22) County directors of human services as provided in 462
section 329.02 of the Revised Code and administrators appointed 463
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under section 329.021 of the Revised Code; 464
(23) A director of economic development who is hired 466
pursuant to division (A) of section 307.07 of the Revised Code; 467
(24) Chiefs of construction and compliance, of operations 469
and maintenance, and of licensing and certification in the 470
division of industrial compliance in the department of commerce; 471
(25) The executive director of a county transit system 473
appointed under division (A) of section 306.04 of the Revised 474
Code;
(26) Up to five positions at each of the administrative 476
departments listed in section 121.02 of the Revised Code and at 477
the department of taxation, department of the adjutant general, 478
department of education, Ohio board of regents, bureau of 479
employment services, bureau of workers' compensation, industrial 480
commission, state lottery commission, and public utilities 481
commission of Ohio that the head of that administrative 482
department or of that other state agency determines to be
involved in policy development and implementation. The head of 483
the administrative department or other state agency shall set the 484
compensation for employees in these positions at a rate that is 485
not less than the minimum compensation specified in pay range 41 486
but not more than the maximum compensation specified in pay range 487
44 of salary schedule E-2 in section 124.152 of the Revised Code. 488
The authority to establish positions in the unclassified service 489
under division (A)(26) of this section is in addition to and does 490
not limit any other authority that an administrative department 491
or state agency has under the Revised Code to establish 492
positions, appoint employees, or set compensation. 493
(27) Employees of the department of agriculture employed 495
under section 901.09 of the Revised Code; 496
(28) For cities, counties, civil service townships, city 498
health districts, general health districts, and city school 500
districts, the deputies and assistants of elective or principal 501
executive officers authorized to act for and in the place of 502
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their principals or holding a fiduciary relation to their
principals.
(B) The classified service shall comprise all persons in 504
the employ of the state and the several counties, cities, city 505
health districts, general health districts, and city school 506
districts thereof, not specifically included in the unclassified 507
service. Upon the creation by the board of trustees of a civil 508
service township civil service commission, the classified service 509
shall also comprise, except as otherwise provided in division 510
(A)(17) or (C) of this section, all persons in the employ of 511
civil service township police or fire departments having ten or 512
more full-time paid employees. The classified service consists 513
of two classes, which shall be designated as the competitive 514
class and the unskilled labor class. 515
(1) The competitive class shall include all positions and 517
employments in the state and the counties, cities, city health 518
districts, general health districts, and city school districts 519
thereof, and upon the creation by the board of trustees of a 520
civil service township of a township civil service commission all 521
positions in civil service township police or fire departments 522
having ten or more full-time paid employees, for which it is 523
practicable to determine the merit and fitness of applicants by 524
competitive examinations. Appointments shall be made to, or 525
employment shall be given in, all positions in the competitive 526
class that are not filled by promotion, reinstatement, transfer, 527
or reduction, as provided in this chapter, and the rules of the 528
director of administrative services, by appointment from those 529
certified to the appointing officer in accordance with this 530
chapter. 531
(2) The unskilled labor class shall include ordinary 533
unskilled laborers. Vacancies in the labor class shall be filled 534
by appointment from lists of applicants registered by the 535
director. The director or the commission shall, by rule, SHALL 536
require an applicant for registration in the labor class to 538
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furnish such evidence or take such tests as the director 539
considers proper with respect to age, residence, physical 540
condition, ability to labor, honesty, sobriety, industry, 541
capacity, and experience in the work or employment for which 542
application is made. Laborers who fulfill the requirements shall 543
be placed on the eligible list for the kind of labor or 544
employment sought, and preference shall be given in employment in 545
accordance with the rating received from such evidence or in such 546
tests. Upon the request of an appointing officer, stating the 547
kind of labor needed, the pay and probable length of employment, 548
and the number to be employed, the director shall certify from 549
the highest on the list double the number to be employed; from 550
this number the appointing officer shall appoint the number 551
actually needed for the particular work. If more than one 552
applicant receives the same rating, priority in time of 553
application shall determine the order in which their names shall 554
be certified for appointment.
(C) A municipal or civil service township civil service 556
commission may place volunteer fire fighters FIREFIGHTERS who are 558
paid on a fee-for-service basis in either the classified or the 559
unclassified civil service. 560
Sec. 124.29. ANY PERSON WHO, AT THE TIME OF HOLDING AN 562
OFFICE OR POSITION IN THE PUBLIC SERVICE, ENTERS THE UNIFORMED 563
SERVICES, AS DEFINED IN SECTION 5903.01 OF THE REVISED CODE, IS 564
ENTITLED TO REINSTATEMENT IN ACCORDANCE WITH THE "UNIFORMED 565
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994," 108 567
STAT. 3149, 38 U.S.C.A. 4301 TO 4333. 568
THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL ADOPT RULES 570
IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 572
IMPLEMENTATION OF THIS SECTION.
Sec. 141.02. (A) The SALARIES OF THE adjutant general, 581
the assistant adjutant general FOR ARMY, the assistant adjutant 584
general for air, and the assistant quartermaster general shall BE 586
PAID ACCORDING TO DIVISIONS (B) AND (H) OF SECTION 124.15 OF THE 588
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REVISED CODE. 590
(B) THE ADJUTANT GENERAL, THE ASSISTANT ADJUTANT GENERAL 593
FOR ARMY, THE ASSISTANT ADJUTANT GENERAL FOR AIR, AND THE 594
ASSISTANT QUARTERMASTER GENERAL SHALL receive the pay and BASIC 596
allowances FOR QUARTERS AND FOR SUBSISTENCE of their rank 597
according to the pay at the time prescribed for the armed forces 598
of the United States, except that the assistant adjutant general 599
for air shall not receive flying pay.
These salaries shall be paid according to the schedule 602
established in division (B) of section 124.15 of the Revised 603
Code.
Sec. 145.01. As used in this chapter: 612
(A) "Public employee" means: 614
(1) Any person holding an office, not elective, under the 616
state or any county, township, municipal corporation, park 617
district, conservancy district, sanitary district, health 618
district, metropolitan housing authority, state retirement board, 619
Ohio historical society, public library, county law library, 620
union cemetery, joint hospital, institutional commissary, state 621
university, or board, bureau, commission, council, committee, 622
authority, or administrative body as the same are, or have been, 623
created by action of the general assembly or by the legislative 624
authority of any of the units of local government named in this 625
division, or employed and paid in whole or in part by the state 626
or any of the authorities named in this division in any capacity 627
not covered by section 742.01, 3307.01, 3309.01, or 5505.01 of 628
the Revised Code. 629
(2) A person who is a member of the public employees 631
retirement system who continues to perform the same or similar 632
duties under the direction of a contractor who has contracted to 633
take over what before the date of the contract was a publicly 634
operated function. The governmental unit with which the contract 635
has been made shall be deemed the employer for the purposes of 636
administering this chapter. 637
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(3) Any person who is an employee of a public employer, 639
notwithstanding that the person's compensation for that 640
employment is derived from funds of a person or entity other than 641
the employer. Credit for such service shall be included as total 642
service credit, provided that the employee makes the payments 643
required by this chapter, and the employer makes the payments 644
required by sections 145.48 and 145.51 of the Revised Code. 645
(4) Any civilian employees of the national guard and the 647
air national guard employed in or with a unit of the Ohio 648
national guard or the Ohio air national guard, except those 649
employed by the national guard bureau, shall be considered 650
employees of the adjutant general of the state for the purpose of 651
this chapter, although the employees may be paid by federal 652
funds. 653
In all cases of doubt, the public employees retirement 655
board shall determine whether any person is a public employee, 656
and its decision is final. 657
(B) "Member" means any public employee, other than a 659
public employee excluded or exempted from membership in the 660
retirement system by section 145.03, 145.031, 145.032, 145.033, 661
145.034, 145.035, or 145.38 of the Revised Code. "Member" 662
includes a PERS retirant who becomes a member under division 663
(C)(2) of section 145.38 of the Revised Code. "Member" also 664
includes a disability benefit recipient. 665
(C) "Head of the department" means the elective or 667
appointive head of the several executive, judicial, and 668
administrative departments, institutions, boards, and commissions 669
of the state and local government as the same are created and 670
defined by the laws of this state or, in case of a charter 671
government, by that charter. 672
(D) "Employer" or "public employer" means the state or any 674
county, township, municipal corporation, park district, 675
conservancy district, sanitary district, health district, 676
metropolitan housing authority, state retirement board, Ohio 677
17
historical society, public library, county law library, union 678
cemetery, joint hospital, institutional commissary, state medical 679
college, state university, or board, bureau, commission, council, 680
committee, authority, or administrative body as the same are, or 681
have been, created by action of the general assembly or by the 682
legislative authority of any of the units of local government 683
named in this division not covered by section 3307.01 or 3309.01 684
of the Revised Code. In addition, "employer" means the employer 685
of any public employee. 686
(E) "Prior service" means all service as a public employee 688
rendered before January 1, 1935, and all service as an employee 689
of any employer who comes within the state teachers retirement 690
system or of the school employees retirement system or of any 691
other retirement system established under the laws of this state 692
rendered prior to January 1, 1935, provided that if the employee 693
claiming the service was employed in any capacity covered by that 696
other system after that other system was established, credit for 697
the service may be allowed by the public employees retirement 698
system only when the employee has made payment, to be computed on 699
the salary earned from the date of appointment to the date 700
membership was established in the public employees retirement 701
system, at the rate in effect at the time of payment, and the 702
employer has made payment of the corresponding full liability as 703
provided by section 145.44 of the Revised Code. "Prior service" 704
also means all service credited for active duty with the armed 705
forces of the United States as provided in section 145.30 of the 706
Revised Code.
If an employee who has been granted prior service credit by 708
the public employees retirement system for service rendered prior 709
to January 1, 1935, as an employee of a board of education 710
establishes, before retirement, one year or more of contributing 711
service in the state teachers retirement system or school 712
employees retirement system, then the prior service ceases to be 714
the liability of this system. 715
18
If the board determines that a position of any member in 717
any calendar year prior to January 1, 1935, was a part-time 718
position, the board shall determine what fractional part of a 719
year's credit shall be allowed by the following formula: 720
(1) When the member has been either elected or appointed 722
to an office the term of which was two or more years and for 723
which an annual salary is established, the fractional part of the 724
year's credit shall be computed as follows: 725
First, when the member's annual salary is one thousand 727
dollars or less, the service credit for each such calendar year 728
shall be forty per cent of a year. 729
Second, for each full one hundred dollars of annual salary 731
above one thousand dollars, the member's service credit for each 732
such calendar year shall be increased by two and one-half per 733
cent. 734
(2) When the member is paid on a per diem basis, the 736
service credit for any single year of the service shall be 737
determined by using the number of days of service for which the 739
compensation was received in any such year as a numerator and 740
using two hundred fifty days as a denominator. 741
(3) When the member is paid on an hourly basis, the 743
service credit for any single year of the service shall be 744
determined by using the number of hours of service for which the 746
compensation was received in any such year as a numerator and 748
using two thousand hours as a denominator. 749
(F) "Contributor" means any person who has an account in 751
the employees' savings fund created by section 145.23 of the 752
Revised Code. 753
(G) "Beneficiary" or "beneficiaries" means the estate or a 755
person or persons who, as the result of the death of a member, 756
contributor, or retirant, qualify for or are receiving some right 757
or benefit under this chapter. 758
(H)(1) "Total service credit," except as provided in 760
section 145.37 of the Revised Code, means all service credited to 761
19
a member of the retirement system since last becoming a member, 762
including restored service credit as provided by section 145.31 763
of the Revised Code; credit purchased under sections 145.293 and 764
145.299 of the Revised Code; all the member's prior service 765
credit; all the member's military service credit computed as 766
provided in this chapter; all service credit established pursuant 767
to section 145.297 of the Revised Code; and any other service 769
credited under this chapter. In addition, "total service credit" 770
includes any period, not in excess of three years, during which a 771
member was out of service and receiving benefits under Chapters 772
4121. and 4123. of the Revised Code. For the exclusive purpose 773
of satisfying the service credit requirement and of determining 774
eligibility for benefits under sections 145.32, 145.33, 145.331, 775
145.35, 145.36, and 145.361 of the Revised Code, "five or more 776
years of total service credit" means sixty or more calendar 777
months of contributing service in this system. 778
(2) "One and one-half years of contributing service 780
credit," as used in division (B) of section 145.45 of the Revised 781
Code, also means eighteen or more calendar months of employment 782
by a municipal corporation that formerly operated its own 783
retirement plan for its employees or a part of its employees, 784
provided that all employees of that municipal retirement plan who 785
have eighteen or more months of such employment, upon 786
establishing membership in the public employees retirement 787
system, shall make a payment of the contributions they would have 788
paid had they been members of this system for the eighteen months 789
of employment preceding the date membership was established. 790
When that payment has been made by all such employee-members, a 791
corresponding payment shall be paid into the employers' 792
accumulation fund by that municipal corporation as the employer 793
of the employees. 794
(3) Where a member also is a member of the state teachers 796
retirement system or the school employees retirement system, or 797
both, except in cases of retirement on a combined basis pursuant 798
20
to section 145.37 of the Revised Code, service credit for any 799
period shall be credited on the basis of the ratio that 800
contributions to THE public employees retirement system bears to 801
total contributions in all state retirement systems. 803
(4) Not more than one year of credit may be given for any 805
period of twelve months. 806
(5) "Ohio service credit" means credit for service that 808
was rendered to the state or any of its political subdivisions or 809
any employer as defined in division (D) of this section. 810
(I) "Regular or current interest" means interest at any 812
rates for the respective funds and accounts as the public 813
employees retirement board may determine from time to time, 814
except as follows: 815
(1) Subsequent to December 31, 1958, the retirement board 817
shall discontinue the annual crediting of current interest to the 818
individual accounts of contributors. The noncrediting of current 819
interest shall not affect the rate of interest at retirement 820
guaranteed under this division. 821
(2) The rate of interest credited on a contributor's 823
contributions at retirement shall be four per cent per annum, 824
compounded annually, to and including December 31, 1955; three 825
per cent per annum, compounded annually, from January 1, 1956, to 826
and including December 31, 1963; three and one-quarter per cent 827
per annum, compounded annually, from January 1, 1964, to and 828
including December 31, 1969; and thereafter four per cent per 830
annum, compounded annually.
In determining the reserve value for the purpose of 832
computing the amount of the contributor's annuity, the rate of 833
interest used in the annuity values shall be four per cent per 834
annum, compounded annually, for contributors retiring before 835
October 1, 1956, and after December 31, 1969; three per cent per 836
annum, compounded annually, for contributors retiring between 838
October 1, 1956, and December 31, 1963; and three and one-quarter 839
per cent per annum, compounded annually, for contributors 840
21
retiring from January 1, 1964, to December 31, 1969. Interest on 841
contributions from contributors within any one calendar year 842
shall begin on the first day of the calendar year next following 843
and shall be computed at the end of each calendar year, except in 844
the case of a contributor who retires before the end of the year. 845
(J) "Accumulated contributions" means the sum of all 847
amounts credited to a contributor's individual account in the 848
employees' savings fund together with any current interest 849
thereon, but does not include the interest adjustment at 850
retirement. 851
(K)(1) "Final average salary" means the quotient obtained 853
by dividing by three the sum of the three full calendar years of 854
contributing service in which the member's earnable salary was 855
highest, except that if the member has a partial year of 856
contributing service in the year the member's employment 857
terminates and the member's earnable salary for the partial year 859
is higher than for any comparable period in the three years, the 860
member's earnable salary for the partial year shall be 862
substituted for the member's earnable salary for the comparable 863
period during the three years in which the member's earnable 866
salary was lowest.
(2) If a member has less than three years of contributing 868
service, the member's final average salary shall be the member's 870
total earnable salary divided by the total number of years, 871
including any fraction of a year, of the member's contributing 873
service.
(3) For the purpose of calculating benefits payable to a 875
member qualifying for service credit under division (Z) of this 876
section, "final average salary" means the total earnable salary 877
on which contributions were made divided by the total number of 878
years during which contributions were made, including any 879
fraction of a year. If contributions were made for less than 880
twelve months, "final average salary" means the member's total 881
earnable salary. 882
22
(L) "Annuity" means payments for life derived from 884
contributions made by a contributor and paid from the annuity and 885
pension reserve fund as provided in this chapter. All annuities 886
shall be paid in twelve equal monthly installments. 887
(M) "Annuity reserve" means the present value, computed 889
upon the basis of the mortality and other tables adopted by the 891
board, of all payments to be made on account of any annuity, or 892
benefit in lieu of any annuity, granted to a retirant as provided 893
in this chapter.
(N)(1) "Disability retirement" means retirement as 895
provided in section 145.36 of the Revised Code. 896
(2) "Disability allowance" means an allowance paid on 898
account of disability under section 145.361 of the Revised Code. 899
(3) "Disability benefit" means a benefit paid as 901
disability retirement under section 145.36 of the Revised Code, 902
as a disability allowance under section 145.361 of the Revised 903
Code, or as a disability benefit under section 145.37 of the 904
Revised Code. 905
(4) "Disability benefit recipient" means a member who is 907
receiving a disability benefit. 908
(O) "Age and service retirement" means retirement as 910
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 911
145.46 of the Revised Code. 912
(P) "Pensions" means annual payments for life derived from 914
contributions made by the employer that at the time of retirement 915
are credited into the annuity and pension reserve fund from the 916
employers' accumulation fund and paid from the annuity and 917
pension reserve fund as provided in this chapter. All pensions 918
shall be paid in twelve equal monthly installments. 919
(Q) "Retirement allowance" means the pension plus that 921
portion of the benefit derived from contributions made by the 922
member. 923
(R)(1) Except as otherwise provided in this division, 925
"earnable salary" means all salary, wages, and other earnings 926
23
paid to a contributor by reason of employment in a position 927
covered by the retirement system. The salary, wages, and other 929
earnings shall be determined prior to determination of the amount 930
required to be contributed to the employees' savings fund under 931
section 145.47 of the Revised Code and without regard to whether 932
any of the salary, wages, or other earnings are treated as 933
deferred income for federal income tax purposes. "Earnable 934
salary" includes the following: 935
(a) Payments made by the employer in lieu of salary, 937
wages, or other earnings for sick leave, personal leave, or 938
vacation used by the contributor; 939
(b) Payments made by the employer for the conversion of 941
sick leave, personal leave, and vacation leave accrued but not 942
used if the payment is made during the year in which the leave is 943
accrued, except that payments made pursuant to section 124.383 or 944
124.386 of the Revised Code are not earnable salary; 945
(c) Allowances paid by the employer for full maintenance, 947
consisting of housing, laundry, and meals, as certified to the 948
retirement board by the employer or the head of the department 949
that employs the contributor; 950
(d) Fees and commissions paid under section 507.09 of the 952
Revised Code; 953
(e) Payments that are made under a disability leave 955
program sponsored by the employer and for which the employer is 956
required by section 145.296 of the Revised Code to make periodic 957
employer and employee contributions; 958
(f) Amounts included pursuant to divisions (K)(3) and (Y) 960
of this section. 961
(2) "Earnable salary" does not include any of the 963
following: 964
(a) Fees and commissions, other than those paid under 966
section 507.09 of the Revised Code, paid as sole compensation for 967
personal services and fees and commissions for special services 968
over and above services for which the contributor receives a 969
24
salary; 970
(b) Amounts paid by the employer to provide life 972
insurance, sickness, accident, endowment, health, medical, 973
hospital, dental, or surgical coverage, or other insurance for 974
the contributor or the contributor's family, or amounts paid by 976
the employer to the contributor in lieu of providing the
insurance; 977
(c) Incidental benefits, including lodging, food, laundry, 979
parking, or services furnished by the employer, or use of the 980
employer's property or equipment, or amounts paid by the employer 981
to the contributor in lieu of providing the incidental benefits; 983
(d) Reimbursement for job-related expenses authorized by 985
the employer, including moving and travel expenses and expenses 986
related to professional development; 987
(e) Payments for accrued but unused sick leave, personal 989
leave, or vacation that are made at any time other than in the 990
year in which the sick leave, personal leave, or vacation was 991
accrued; 992
(f) Payments made to or on behalf of a contributor that 994
are in excess of the annual compensation that may be taken into 995
account by the retirement system under division (a)(17) of 996
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 997
2085, 26 U.S.C.A. 401(a)(17), as amended; 998
(g) Payments made under division (B) or (D) of section 1,000
5923.05 of the Revised Code or Section 4 of Substitute Senate 1,001
Bill No. 3 of the 119th general assembly; 1,002
(h) Anything of value received by the contributor that is 1,004
based on or attributable to retirement or an agreement to retire, 1,005
except that payments made on or before January 1, 1989, that are 1,006
based on or attributable to an agreement to retire shall be 1,007
included in earnable salary if both of the following apply: 1,008
(i) The payments are made in accordance with contract 1,010
provisions that were in effect prior to January 1, 1986; 1,011
(ii) The employer pays the retirement system an amount 1,013
25
specified by the retirement board equal to the additional 1,014
liability resulting from the payments. 1,015
(3) The retirement board shall determine by rule whether 1,017
any compensation not enumerated in this division is earnable 1,018
salary, and its decision shall be final. 1,019
(S) "Pension reserve" means the present value, computed 1,021
upon the basis of the mortality and other tables adopted by the 1,023
board, of all payments to be made on account of any retirement 1,024
allowance or benefit in lieu of any retirement allowance, granted 1,025
to a member or beneficiary under this chapter. 1,026
(T)(1) "Contributing service" means all service credited 1,028
to a member of the system since January 1, 1935, for which 1,029
contributions are made as required by sections 145.47, 145.48, 1,030
and 145.483 of the Revised Code. In any year subsequent to 1934, 1,031
credit for any service shall be allowed by the following formula: 1,032
(a) For each month for which the member's earnable salary 1,034
is two hundred fifty dollars or more, allow one month's credit. 1,035
(b) For each month for which the member's earnable salary 1,037
is less than two hundred fifty dollars, allow a fraction of a 1,038
month's credit. The numerator of this fraction shall be the 1,039
earnable salary during the month, and the denominator shall be 1,040
two hundred fifty dollars, except that if the member's annual 1,042
earnable salary is less than six hundred dollars, the member's 1,043
credit shall not be reduced below twenty per cent of a year for a 1,044
calendar year of employment during which the member worked each 1,046
month. This division shall not reduce any credit earned before
January 1, 1985. 1,047
(2) Notwithstanding division (T)(1) of this section, an 1,049
elected official who prior to January 1, 1980, was granted a full 1,050
year of credit for each year of service as an elected official 1,051
shall be considered to have earned a full year of credit for each 1,052
year of service regardless of whether the service was full-time 1,053
or part-time. The public employees retirement board has no 1,054
authority to reduce the credit. 1,055
26
(U) "State retirement board" means the public employees 1,057
retirement board, the school employees retirement board, or the 1,058
state teachers retirement board. 1,059
(V) "Retirant" means any former member who retires and is 1,061
receiving a monthly allowance as provided in sections 145.32, 1,062
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 1,063
(W) "Employer contribution" means the amount paid by an 1,065
employer as determined by the employer rate including the normal 1,066
and deficiency contribution rates. 1,067
(X) "Public service terminates" means the last day for 1,069
which a public employee is compensated for services performed for 1,070
an employer or the date of the employee's death, whichever occurs 1,071
first. 1,072
(Y) When a member has been elected or appointed to an 1,074
office, the term of which is two or more years, for which an 1,075
annual salary is established, and in the event that the salary of 1,076
the office is increased and the member is denied the additional 1,077
salary by reason of any constitutional provision prohibiting an 1,078
increase in salary during a term of office, the member may elect 1,080
to have the amount of the member's contributions calculated upon 1,081
the basis of the increased salary for the office. At the 1,082
member's request, the board shall compute the total additional 1,083
amount the member would have contributed, or the amount by which 1,084
each of the member's contributions would have increased, had the 1,085
member received the increased salary for the office the member 1,086
holds. If the member elects to have the amount by which the 1,087
member's contribution would have increased withheld from the 1,089
member's salary, the member shall notify the employer, and the
employer shall make the withholding and transmit it to the 1,091
retirement system. A member who has not elected to have that 1,092
amount withheld may elect at any time to make a payment to the 1,093
retirement system equal to the additional amount the member's 1,094
contribution would have increased, plus interest on that 1,096
contribution, compounded annually at a rate established by the 1,097
27
board and computed from the date on which the last contribution 1,098
would have been withheld from the member's salary to the date of 1,099
payment. A member may make a payment for part of the period for 1,100
which the increased contribution was not withheld, in which case 1,101
the interest shall be computed from the date the last 1,102
contribution would have been withheld for the period for which 1,103
the payment is made. Upon the payment of the increased 1,104
contributions as provided in this division, the increased annual 1,105
salary as provided by law for the office for the period for which 1,106
the member paid increased contributions thereon shall be used in 1,107
determining the member's earnable salary for the purpose of 1,108
computing the member's "final average salary."
(Z) "Five years of service credit," for the exclusive 1,110
purpose of satisfying the service credit requirements and of 1,111
determining eligibility for benefits under section 145.33 of the 1,112
Revised Code, means employment covered under this chapter or 1,113
under a former retirement plan operated, recognized, or endorsed 1,114
by the employer prior to coverage under this chapter, or under a 1,115
combination of the coverage. 1,116
(AA) "Deputy sheriff" means any person who is commissioned 1,118
and employed as a full-time peace officer by the sheriff of any 1,119
county, and has been so employed since on or before December 31, 1,120
1965, and whose primary duties are to preserve the peace, to 1,121
protect life and property, and to enforce the laws of this state; 1,122
any person who is or has been commissioned and employed as a 1,123
peace officer by the sheriff of any county since January 1, 1966, 1,124
and who has received a certificate attesting to the person's 1,125
satisfactory completion of the peace officer training school as 1,126
required by section 109.77 of the Revised Code and whose primary 1,127
duties are to preserve the peace, protect life and property, and 1,128
enforce the laws of this state; or any person deputized by the 1,129
sheriff of any county and employed pursuant to section 2301.12 of 1,130
the Revised Code as a criminal bailiff or court constable who has 1,131
received a certificate attesting to the person's satisfactory 1,132
28
completion of the peace officer training school as required by 1,133
section 109.77 of the Revised Code and whose primary duties are 1,134
to preserve the peace, protect life and property, and enforce the 1,136
laws of this state.
(BB) "Township constable or police officer in a township 1,138
police department or district" means any person who is 1,139
commissioned and employed as a full-time peace officer pursuant 1,140
to Chapter 505. or 509. of the Revised Code, who has received a 1,141
certificate attesting to the person's satisfactory completion of 1,142
the peace officer training school as required by section 109.77 1,143
of the Revised Code, and whose primary duties are to preserve the 1,144
peace, protect life and property, and enforce the laws of this 1,145
state. 1,146
(CC) "Drug agent" means any person who is either of the 1,148
following: 1,149
(1) Employed full-time as a narcotics agent by a county 1,151
narcotics agency created pursuant to section 307.15 of the 1,152
Revised Code and has received a certificate attesting to the 1,154
satisfactory completion of the peace officer training school as
required by section 109.77 of the Revised Code; 1,155
(2) Employed full-time as an undercover drug agent as 1,157
defined in section 109.79 of the Revised Code and is in 1,158
compliance with section 109.77 of the Revised Code. 1,159
(DD) "Liquor control investigator" means a full-time 1,161
employee of the department of public safety who is engaged in the 1,162
enforcement of Chapters 4301. and 4303. of the Revised Code and 1,163
is in compliance with section 109.77 of the Revised Code. 1,164
(EE) "Park officer" means a full-time employee of the 1,166
department of natural resources who is designated a park officer 1,167
under section 1541.10 of the Revised Code and is in compliance 1,168
with section 109.77 of the Revised Code. 1,169
(FF) "Forest officer" means a full-time employee of the 1,171
department of natural resources who is designated a forest 1,172
officer under section 1503.29 of the Revised Code and is in 1,173
29
compliance with section 109.77 of the Revised Code. 1,174
(GG) "Wildlife officer" means a full-time employee of the 1,176
department of natural resources who is designated a wildlife 1,177
officer under section 1531.13 of the Revised Code and is in 1,178
compliance with section 109.77 of the Revised Code. 1,179
(HH) "State watercraft officer" means a full-time employee 1,181
of the department of natural resources who is designated a state 1,182
watercraft officer under section 1547.521 of the Revised Code and 1,183
is in compliance with section 109.77 of the Revised Code. 1,184
(II) "Park district police officer" means a full-time 1,186
employee of a park district who is designated pursuant to section 1,187
511.232 or 1545.13 of the Revised Code and is in compliance with 1,188
section 109.77 of the Revised Code. 1,189
(JJ) "Conservancy district officer" means a full-time 1,191
employee of a conservancy district who is designated pursuant to 1,192
section 6101.75 of the Revised Code and is in compliance with 1,193
section 109.77 of the Revised Code. 1,194
(KK) "Municipal police officer" means a member of the 1,196
organized police department of a municipal corporation who is 1,197
employed full-time, is in compliance with section 109.77 of the 1,198
Revised Code, and is not a member of the police and firemen's 1,199
disability and pension fund. 1,200
(LL) "Ohio veterans' home police officer" means any person 1,203
who is employed at the Ohio veterans' home as a police officer 1,204
pursuant to section 5907.02 of the Revised Code and is in 1,205
compliance with section 109.77 of the Revised Code.
(MM) "Special police officer for a mental health 1,207
institution" means any person who is designated as such pursuant 1,208
to section 5119.14 of the Revised Code and is in compliance with 1,209
section 109.77 of the Revised Code. 1,210
(NN) "Special police officer for an institution for the 1,213
mentally retarded and developmentally disabled" means any person
who is designated as such pursuant to section 5123.13 of the 1,214
Revised Code and is in compliance with section 109.77 of the 1,215
30
Revised Code.
(OO) "State university law enforcement officer" means any 1,217
person who is employed full-time as a state university law 1,218
enforcement officer pursuant to section 3345.04 of the Revised 1,219
Code and who is in compliance with section 109.77 of the Revised 1,220
Code.
(PP) "Hamilton county municipal court bailiff" means a 1,222
person appointed by the clerk of courts of the Hamilton county 1,224
municipal court under division (A)(3) of section 1901.32 of the 1,225
Revised Code who is employed full-time as a bailiff or deputy 1,226
bailiff, who has received a certificate attesting to the person's 1,227
satisfactory completion of the peace officer training school as 1,228
required by division (C) of section 109.77 of the Revised Code, 1,229
and whose primary duties are to preserve the peace, to protect 1,230
life and property, and to enforce the laws of this state. 1,231
(QQ) Notwithstanding section 2901.01 of the Revised Code, 1,233
"law enforcement officer" means a sheriff, deputy sheriff, 1,234
township constable or police officer in a township police 1,235
department or district, drug agent, liquor control investigator, 1,236
park officer, forest officer, wildlife officer, state watercraft 1,237
officer, park district police officer, conservancy district 1,238
officer, Ohio veterans' home police officer, special police 1,240
officer for a mental health institution, special police officer 1,241
for an institution for the mentally retarded and developmentally 1,242
disabled, state university law enforcement officer, Hamilton 1,243
county municipal court bailiff, or municipal police officer. 1,244
(RR) "Fiduciary" means a person who does any of the 1,246
following: 1,247
(1) Exercises any discretionary authority or control with 1,249
respect to the management of the system or with respect to the 1,250
management or disposition of its assets; 1,251
(2) Renders investment advice for a fee, direct or 1,253
indirect, with respect to money or property of the system; 1,254
(3) Has any discretionary authority or responsibility in 1,256
31
the administration of the system. 1,257
(SS) "Actuary" means an individual who satisfies all of 1,259
the following requirements: 1,261
(1) Is a member of the American academy of actuaries; 1,264
(2) Is an associate or fellow of the society of actuaries; 1,266
(3) Has a minimum of five years' experience in providing 1,268
actuarial services to public retirement plans. 1,269
Sec. 145.30. (A) As used in this section and section 1,278
145.301 of the Revised Code: 1,279
(1) "Armed forces" of the United States includes the 1,281
following:
(a) Army, navy, air force, marine corps, coast guard, 1,283
auxiliary corps as established by congress, red cross nurse 1,284
serving with the army, navy, air force, or hospital service of 1,285
the United States, army nurse corps, navy nurse corps, full-time 1,286
service with the American red cross in a combat zone, and such 1,287
other service as may be designated by congress as included 1,288
therein; 1,289
(b) Personnel of the Ohio national guard, the Ohio 1,291
military reserve, the Ohio naval militia, and the reserve 1,292
components of any of the armed forces enumerated in division 1,293
(A)(1) of this section who are called to active duty pursuant to 1,294
an executive order issued by the president of the United States 1,295
or an act of congress; 1,296
(c) Persons on whom United States merchant marine veteran 1,298
status has been conferred for service aboard oceangoing merchant 1,299
ships in service to the United States during World War II. 1,300
(2) "State retirement system" means any of the following: 1,302
the police and firemen's disability and pension fund, public 1,303
employees retirement system, school employees retirement system, 1,304
state highway patrol retirement system, or the state teachers 1,305
retirement system.
(B) Upon re-employment REEMPLOYMENT in the public service 1,307
and completion of one year of service credit as covered by a 1,309
32
state retirement system or the Cincinnati retirement system, 1,310
within two years after an honorable discharge SERVICE IN THE 1,312
UNIFORMED SERVICES THAT IS TERMINATED IN A MANNER OTHER THAN AS 1,313
DESCRIBED IN SECTION 4304 OF TITLE 38 OF THE UNITED STATES CODE, 1,315
"UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1,316
1994," 108 STAT. 3149, 38 U.S.C.A. 4304, and presentation of an 1,318
honorable discharge or certificate of DOCUMENTATION OF THE 1,319
service and subject to rules adopted by the retirement board, any 1,321
member of the public employees retirement system who was a member 1,322
with not less than one year of payroll deductions before entering 1,323
active duty with the armed forces and maintained membership in 1,324
the public employees retirement system as provided by section 1,325
145.41 of the Revised Code, and who was or is out of active 1,326
service as a public employee by reason of having become a member 1,327
of the armed forces of the United States on active duty or 1,328
service shall have such military service, not in excess of ten 1,329
years, considered as the equivalent of prior service. Military 1,330
UNIFORMED service as established by an honorable discharge or 1,331
certificate DOCUMENTATION of THE service, not in excess of ten 1,332
years, shall also be considered prior service for a person who 1,334
was a public employee and who has acquired service credit for
five years prior to, and within the one year preceding, the date 1,335
of entering on active duty in the armed forces of the United 1,336
States if such person was re-employed REEMPLOYED in the public 1,337
service within one year after an honorable discharge from the 1,339
armed forces and established a total service credit, as defined 1,340
in division (H) of section 145.01 of the Revised Code SERVICE IN 1,342
THE UNIFORMED SERVICES THAT IS TERMINATED IN A MANNER OTHER THAN 1,343
AS DESCRIBED IN SECTION 4304 OF TITLE 38 OF THE UNITED STATES 1,345
CODE, "UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT 1,346
OF 1994," 108 STAT. 3149, 38 U.S.C.A. 4304, of twenty years 1,348
exclusive of credit for military UNIFORMED service. This
division shall not serve to cancel any military service credit 1,349
earned or granted prior to November 1, 1965. 1,350
33
(C) A member of the public employees retirement system is 1,352
ineligible to receive service credit under this section for any 1,353
year of military service credit used in the calculation of any 1,354
retirement benefit currently being paid to the member or payable 1,355
in the future under any other retirement program, except social 1,356
security, or used to obtain service credit pursuant to section 1,357
145.301 or 145.302 of the Revised Code. At the time such credit 1,358
is requested, the member shall certify on a form supplied by the 1,361
retirement board that the member does and will conform to this 1,362
requirement. This division does not cancel any military service 1,363
credit earned prior to March 15, 1979. 1,364
Sec. 718.01. (A) As used in this chapter: 1,373
(1) "Internal Revenue Code" means the Internal Revenue 1,375
Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. 1,376
(2) "Schedule C" means internal revenue service schedule C 1,378
filed by a taxpayer pursuant to the Internal Revenue Code. 1,379
(3) "Form 2106" means internal revenue service form 2106 1,381
filed by a taxpayer pursuant to the Internal Revenue Code. 1,382
(4) "Intangible income" means income of any of the 1,384
following types: income yield, interest, dividends, or other 1,385
income arising from the ownership, sale, exchange, or other 1,386
disposition of intangible property including, but not limited to, 1,387
investments, deposits, money, or credits as those terms are 1,388
defined in Chapter 5701. of the Revised Code. 1,389
(B) No municipal corporation with respect to that income 1,391
which it may tax shall tax such income at other than a uniform 1,392
rate.
(C) No municipal corporation shall levy a tax on income at 1,394
a rate in excess of one per cent without having obtained the 1,395
approval of the excess by a majority of the electors of the 1,396
municipality voting on the question at a general, primary, or 1,397
special election. The legislative authority of the municipal 1,398
corporation shall file with the board of elections at least 1,399
seventy-five days before the day of the election a copy of the 1,400
34
ordinance together with a resolution specifying the date the 1,401
election is to be held and directing the board of elections to 1,402
conduct the election. The ballot shall be in the following form: 1,403
"Shall the Ordinance providing for a ... per cent levy on income 1,404
for (Brief description of the purpose of the proposed levy) be 1,405
passed? 1,406
FOR THE INCOME TAX 1,408
AGAINST THE INCOME TAX" 1,410
In the event of an affirmative vote, the proceeds of the 1,412
levy may be used only for the specified purpose. 1,413
(D) (1) Except as otherwise provided in division (D)(2) of 1,415
this section, no municipal corporation shall exempt from a tax on 1,416
income, compensation for personal services of individuals over 1,417
eighteen years of age or the net profit from a business or 1,418
profession.
(2) The legislative authority of a municipal corporation 1,420
may, by ordinance or resolution, exempt from a tax on income any 1,421
compensation arising from the grant, sale, exchange, or other 1,422
disposition of a stock option; the exercise of a stock option; or 1,423
the sale, exchange, or other disposition of stock purchased under 1,424
a stock option.
(E) Nothing in this section shall prevent a municipal 1,426
corporation from permitting lawful deductions as prescribed by 1,427
ordinance. If a taxpayer's taxable income includes income 1,428
against which the taxpayer has taken a deduction for federal 1,429
income tax purposes as reportable on the taxpayer's form 2106, 1,430
and against which a like deduction has not been allowed by the 1,431
municipal corporation, the municipal corporation shall deduct 1,432
from the taxpayer's taxable income an amount equal to the 1,433
deduction shown on such form allowable against such income, to 1,434
the extent not otherwise so allowed as a deduction by the 1,435
municipal corporation. In the case of a taxpayer who has a net 1,436
profit from a business or profession that is operated as a sole 1,437
proprietorship, no municipal corporation may tax or use as the 1,438
35
base for determining the amount of the net profit that shall be 1,439
considered as having a taxable situs in the municipal 1,440
corporation, a greater amount than the net profit reported by the 1,441
taxpayer on schedule C filed in reference to the year in question 1,442
as taxable income from such sole proprietorship, except as 1,443
otherwise specifically provided by ordinance or regulation. 1,444
(F) No municipal corporation shall tax any of the 1,446
following:
(1) The military pay or allowances of members of the armed 1,448
forces of the United States AND OF MEMBERS OF THEIR RESERVE 1,449
COMPONENTS, INCLUDING THE OHIO NATIONAL GUARD; 1,451
(2) The income of religious, fraternal, charitable, 1,453
scientific, literary, or educational institutions to the extent 1,454
that such income is derived from tax-exempt real estate, 1,456
tax-exempt tangible or intangible property, or tax-exempt
activities; 1,457
(3) Except as otherwise provided in division (G) of this 1,459
section, intangible income; 1,460
(4) Compensation paid under section 3501.28 or 3501.36 of 1,462
the Revised Code to a person serving as a precinct election 1,463
official, to the extent that such compensation does not exceed 1,464
one thousand dollars annually. Such compensation in excess of 1,465
one thousand dollars may be subjected to taxation by a municipal
corporation. A municipal corporation shall not require the payer 1,466
of such compensation to withhold any tax from that compensation. 1,467
(5) Compensation paid to an employee of a transit 1,469
authority, regional transit authority, or regional transit 1,470
commission created under Chapter 306. of the Revised Code for 1,471
operating a transit bus or other motor vehicle for the authority 1,472
or commission in or through the municipal corporation, unless the 1,473
bus or vehicle is operated on a regularly scheduled route, the 1,474
operator is subject to such a tax by reason of residence or
domicile in the municipal corporation, or the headquarters of the 1,475
authority or commission is located within the municipal 1,476
36
corporation.
(G) Any municipal corporation that taxes any type of 1,478
intangible income on March 29, 1988, pursuant to Section 3 of 1,479
Amended Substitute Senate Bill No. 238 of the 116th General 1,480
Assembly GENERAL ASSEMBLY, may continue to tax that type of 1,482
income after 1988 if a majority of the electors of the municipal 1,483
corporation voting on the question of whether to permit the 1,484
taxation of that type of intangible income after 1988 vote in
favor thereof at an election held on November 8, 1988. 1,485
(H) Nothing in this section or section 718.02 of the 1,487
Revised Code, shall authorize the levy of any tax on income which 1,488
a municipal corporation is not authorized to levy under existing 1,489
laws or shall require a municipal corporation to allow a 1,490
deduction from taxable income for losses incurred from a sole 1,491
proprietorship or partnership. 1,492
Sec. 1751.54. (A) As used in this section: 1,501
(1) "Eligible person" means any person who, at the time a 1,503
reservist is called or ordered to active duty, is covered under a 1,505
group contract and is either of the following:
(a) An employee who is a reservist called or ordered to 1,508
active duty;
(b) The spouse or a dependent child of an employee 1,511
described in division (A)(1)(a) of this section. 1,512
(2) "Group contract" includes any group health insuring 1,514
corporation contract that satisfies all of the following: 1,515
(a) The contract is delivered, issued for delivery, or 1,518
renewed in this state on or after the effective date of this 1,519
section.
(b) The contract covers employees for health care 1,522
services, including basic health care services. 1,523
(c) The contract is in effect and covers an eligible 1,526
person at the time a reservist is called or ordered to active 1,527
duty.
(3) "Reservist" means a member of a reserve component of 1,529
37
the armed forces of the United States. "Reservist" includes a 1,531
member of the Ohio national guard and the Ohio air national 1,532
guard.
(B) Every group contract shall provide that any eligible 1,535
person may continue the coverage under the contract for a period 1,536
of eighteen months after the date on which the coverage would 1,537
otherwise terminate because the reservist is called or ordered to 1,538
active duty.
(C)(1) An eligible person may extend the eighteen-month 1,541
period of continuation of coverage to a thirty-six-month period 1,542
of continuation of coverage, if any of the following occurs 1,543
during the eighteen-month period: 1,544
(a) The death of the reservist; 1,547
(b) The divorce or separation of a reservist from the 1,550
reservist's spouse;
(c) The cessation of dependency of a child pursuant to the 1,553
terms of the contract. 1,554
(2) The thirty-six-month period of continuation of 1,556
coverage is deemed to begin on the date on which the coverage 1,557
would otherwise terminate because the reservist is called or 1,558
ordered to active duty. 1,559
(3) The employer may begin the thirty-six-month period on 1,561
the date of any occurrence described in division (C)(1) of this 1,563
section.
(D) All of the following apply to any continuation of 1,566
coverage, or the extension of any continuation of coverage, 1,567
provided under division (B) or (C) of this section: 1,569
(1) The continuation of coverage shall provide the same 1,571
benefits as those provided to any similarly situated eligible 1,572
person who is covered under the same group contract and an 1,573
employee who has not been called or ordered to active duty. 1,575
(2) An employer shall notify each employee of the right of 1,578
continuation of coverage at the time of employment. At the time 1,579
the reservist is called or ordered to active duty, the employer 1,580
38
shall notify each eligible person of the requirements for the 1,581
continuation of coverage.
(3) Each certificate of coverage issued by a health 1,583
insuring corporation to an employee under the group contract 1,584
shall include a notice of the eligible person's right of 1,585
continuation of coverage. 1,586
(4) An eligible person shall file a written election of 1,588
continuation of coverage with the employer and pay the employer 1,589
the first contribution required under division (D)(5) of this 1,591
section. The written election and payment must be received by 1,592
the employer no later than thirty-one days after the date on 1,593
which the eligible person's coverage would otherwise terminate. 1,594
If the employer notifies the eligible person of the right of 1,595
continuation of coverage after the date on which the eligible 1,596
person's coverage would otherwise terminate, the written election 1,597
and payment must be received by the employer no later than 1,598
thirty-one days after the date of the notification. 1,599
(5)(a) Except as provided in division (D)(5)(b) OR (c) of 1,601
this section, the eligible person shall pay to the employer, on a 1,603
monthly basis and in advance, the amount of contribution required 1,604
by the employer. The amount shall not exceed one hundred two per 1,605
cent of the group rate for the coverage being continued under the 1,606
group contract on the due date of each payment. 1,607
(b) The employer may pay a portion or all of the eligible 1,610
person's contribution.
(c) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS 1,612
THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE 1,613
ELIGIBLE PERSON'S CONTRIBUTION, IF ANY, FOR THE COVERAGE. 1,614
(E) The eligible person's right to any continuation of 1,617
coverage, or the extension of any continuation of coverage, 1,618
provided under division (B) or (C) of this section ceases on the 1,621
date on which any of the following occurs:
(1) The eligible person, whether as an employee or 1,623
otherwise, becomes covered by another group contract or other 1,624
39
group health plan or arrangement that does not contain any 1,625
exclusion or limitation with respect to any preexisting condition 1,627
of that eligible person. For purposes of division (E)(1) of this 1,628
section, a group contract or other group health plan or 1,629
arrangement does not include the civilian health and medical 1,630
program of the uniformed services as defined in Public Law 1,632
99-661, 100 Stat. 3898 (1986), 10 U.S.C.A. 1072. 1,634
(2) The period of either eighteen months provided under 1,636
division (B) of this section or thirty-six months provided under 1,638
division (C) of this section expires. 1,640
(3) The eligible person fails to make a timely payment of 1,642
a required contribution, in which case the coverage ceases at the 1,644
end of the period of coverage for which contributions were made. 1,645
(4) The group contract, or participation under the group 1,647
contract, is terminated, unless the employer, in accordance with 1,648
division (F) of this section, replaces the coverage with similar 1,650
coverage under another group contract or other group health plan 1,651
or arrangement.
(F) If the employer replaces the group contract with 1,654
similar coverage as described in division (E)(4) of this section, 1,656
both of the following apply:
(1) The eligible person is covered under the replacement 1,658
coverage for the balance of the period that the person would have 1,660
remained covered under the terminated coverage if it had not been 1,661
terminated.
(2) The level of benefits under the replacement coverage 1,663
is the same as the level of benefits provided to any similarly 1,664
situated eligible person who is covered under the group contract 1,665
and an employee who has not been called or ordered to active 1,666
duty. 1,667
(G) Upon the reservist's release from active duty and the 1,670
reservist's return to employment for the employer by whom the 1,671
reservist was employed at the time the reservist was called or 1,672
ordered to active duty, both of the following apply: 1,673
40
(1) Every eligible person is entitled, without any waiting 1,676
period, to coverage under the employer's group contract that is 1,677
in effect at the time of the reservist's return to employment. 1,678
(2) Every eligible person is entitled to all benefits 1,680
under the group contract described in division (G)(1) of this 1,682
section from the date of the original coverage under the 1,683
contract.
(H)(1) No health insuring corporation shall fail to 1,686
provide for a continuation of coverage, or an extension of a 1,687
continuation of coverage, in a group contract as required by and 1,688
in accordance with the terms and conditions set forth under this 1,689
section.
(2) No health insuring corporation shall fail to issue a 1,691
certificate of coverage in compliance with division (D)(3) of 1,693
this section.
(3) No employer shall fail to provide an employee or 1,695
eligible person with notice of the right to a continuation of 1,696
coverage under a group contract in accordance with division 1,697
(D)(2) of this section. 1,698
(I) Whoever violates division (H)(1), (2), or (3) of this 1,702
section is deemed to have engaged in an unfair and deceptive act 1,703
or practice in the business of insurance under sections 3901.19 1,704
to 3901.26 of the Revised Code. 1,705
(J) This section does not apply to any group contract that 1,708
is subject to section 5923.051 of the Revised Code. 1,710
(K) This section does not apply to any group contract 1,713
offering only supplemental health care services or specialty 1,714
health care services.
Sec. 3319.13. Upon the written request of a teacher, or a 1,723
regular nonteaching school employee, a board of education may 1,724
grant a leave of absence for a period of not more than two 1,725
consecutive school years for educational or, professional, or 1,727
other purposes, and shall grant such leave where illness or other 1,728
disability is the reason for the request. Upon subsequent 1,729
41
request, such leave may be renewed by the board. Without 1,730
request, a board may grant similar leave of absence and renewals 1,731
thereof to any teacher or regular nonteaching school employee 1,732
because of physical or mental disability, but such teacher may 1,733
have a hearing on such unrequested leave of absence or its 1,734
renewals in accordance with section 3319.16 of the Revised Code, 1,735
and such nonteaching school employee may have a hearing on such 1,736
unrequested leave of absence or its renewals in accordance with 1,737
division (C) of section 3319.081 of the Revised Code. Upon the 1,738
return to service of a teacher or a nonteaching school employee 1,739
at the expiration of a leave of absence, he THE TEACHER OR 1,740
NONTEACHING SCHOOL EMPLOYEE shall resume the contract status 1,742
which he THAT THE TEACHER OR NONTEACHING SCHOOL EMPLOYEE held 1,743
prior to such THE leave OF ABSENCE. Any teacher who leaves a 1,745
teaching position to serve FOR SERVICE in the armed UNIFORMED 1,746
services or the auxiliaries thereof organized to prosecute World 1,747
War II, upon returning honorably discharged AND WHO RETURNS from 1,748
such service IN THE UNIFORMED SERVICES THAT IS TERMINATED IN A 1,749
MANNER OTHER THAN AS DESCRIBED IN SECTION 4304 OF TITLE 38 OF THE 1,750
UNITED STATES CODE, "UNIFORMED SERVICES EMPLOYMENT AND 1,752
REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 38 U.S.C.A. 1,753
4304, shall resume the contract status held prior to entering 1,754
military service THE UNIFORMED SERVICES, subject to passing a 1,756
physical examination. Such contract status shall be resumed at 1,757
the first of the school semester or the beginning of the school 1,758
year following return from the armed UNIFORMED services. FOR 1,760
PURPOSES OF THIS SECTION AND SECTION 3319.14 OF THE REVISED CODE, 1,761
"Armed UNIFORMED services" has AND "SERVICE IN THE UNIFORMED 1,762
SERVICES" HAVE the same meaning MEANINGS as defined in section 1,765
124.29 5903.01 of the Revised Code.
Upon the return of a nonteaching school employee from a 1,767
leave of absence, the board may terminate the employment of a 1,768
person hired exclusively for the purpose of replacing the 1,769
returning employee while he THE RETURNING EMPLOYEE was on leave. 1,770
42
If, after the return of a nonteaching employee from leave, the 1,772
person employed exclusively for the purpose of replacing an 1,773
employee while he THE EMPLOYEE was on leave is continued in 1,775
employment as a regular nonteaching school employee or if he THE 1,776
PERSON is hired by the board as a regular nonteaching school 1,778
employee within a year after his employment as a replacement is 1,779
terminated, he THE PERSON shall, for purposes of section 3319.081 1,781
of the Revised Code, receive credit for his THE PERSON'S length 1,782
of service with the school district during such replacement 1,783
period in the following manner: 1,784
(A) If employed as a replacement for less than twelve 1,786
months, he THE PERSON shall be employed under a contract valid 1,787
for a period equal to twelve months less the number of months 1,789
employed as a replacement. At the end of such contract period, 1,790
if the person is reemployed it shall be under a two-year 1,791
contract. Subsequent reemployment shall be pursuant to division 1,792
(B) of section 3319.081 of the Revised Code. 1,793
(B) If employed as a replacement for twelve months or more 1,795
but less than twenty-four months, he THE PERSON shall be employed 1,797
under a contract valid for a period equal to twenty-four months 1,798
less the number of months employed as a replacement. Subsequent 1,799
reemployment shall be pursuant to division (B) of section 1,800
3319.081 of the Revised Code. 1,801
(C) If employed as a replacement for more than twenty-four 1,803
months, he THE PERSON shall be employed pursuant to division (B) 1,804
of section 3319.081 of the Revised Code. 1,805
For purposes of this section, employment during any part of 1,807
a month shall count as employment during the entire month. 1,808
Sec. 3319.14. Any teacher who has left, or leaves, a 1,817
teaching position, by resignation or otherwise, and within forty 1,818
school days thereafter entered, or enters, the armed UNIFORMED 1,819
services of the United States or the auxiliaries thereof, or such 1,821
other services as are specified in section 124.29 of the Revised 1,823
Code, and who has returned, or returns, from such WHOSE service 1,824
43
with a discharge IS TERMINATED IN A MANNER other than 1,826
dishonorable AS DESCRIBED IN SECTION 4304 OF TITLE 38 OF THE 1,828
UNITED STATES CODE, "UNIFORMED SERVICES EMPLOYMENT AND 1,831
REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 38 U.S.C.A. 1,832
4304, shall be reemployed by the board of education of the 1,833
district in which he THE TEACHER held such teaching position, 1,835
under the same type of contract as that which he THE TEACHER last 1,836
held in such district, if the teacher, within ninety days after 1,837
such discharge, applies to the board of education for 1,838
reemployment IN ACCORDANCE WITH THE "UNIFORMED SERVICES 1,840
EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 1,841
38 U.S.C.A. 4312. Upon such application, the teacher shall be 1,842
re-employed REEMPLOYED at the first of the next school semester, 1,843
if the application is made not less than thirty days prior to the 1,845
first of the next school semester, in which case the teacher 1,846
shall be re-employed REEMPLOYED the first of the following school 1,847
semester, unless the board of education waives the requirement 1,849
for the thirty-day period. 1,850
For the purposes of seniority and placement on the salary 1,852
schedule, years of absence in the PERFORMING service of IN the 1,854
armed UNIFORMED services of the United States or the auxiliaries 1,855
thereof, shall be counted as though teaching service had been 1,856
performed during such time.
The board of education of the district in which such 1,858
teacher was employed and is re-employed REEMPLOYED under this 1,859
section may suspend the contract of the teacher whose services 1,861
become unnecessary by reason of the return of a teacher from 1,862
service in the armed UNIFORMED services or auxiliaries thereof, 1,863
in accordance with section 3319.17 of the Revised Code. 1,865
Sec. 3923.381. (A) As used in this section: 1,874
(1) "Eligible person" means any person who, at the time a 1,876
reservist is called or ordered to active duty, is covered under a 1,877
group policy and is either of the following: 1,878
(a) An employee who is a reservist called or ordered to 1,880
44
active duty; 1,881
(b) The spouse or a dependent child of an employee 1,883
described in division (A)(1)(a) of this section. 1,884
(2) "Group policy" includes any group sickness and 1,886
accident insurance policy that satisfies all of the following: 1,887
(a) The policy is delivered, issued for delivery, or 1,889
renewed in this state on or after the effective date of this 1,890
section APRIL 17, 1991. 1,891
(b) The policy covers employees for hospital, surgical, or 1,893
major medical insurance on an expense incurred or service basis, 1,894
other than for specified diseases or accidental injuries only. 1,895
(c) The policy is in effect and covers an eligible person 1,897
at the time a reservist is called or ordered to active duty. 1,898
(3) "Reservist" means a member of a reserve component of 1,900
the armed forces of the United States. "Reservist" includes a 1,901
member of the Ohio national guard and the Ohio air national 1,903
guard.
(B) Every group policy shall provide that any eligible 1,905
person may continue the coverage under the policy for a period of 1,906
eighteen months after the date on which the coverage would 1,907
otherwise terminate because the reservist is called or ordered to 1,908
active duty. 1,909
(C)(1) An eligible person may extend the eighteen-month 1,911
period of continuation of coverage to a thirty-six-month period 1,912
of continuation of coverage, if any of the following occurs 1,913
during the eighteen-month period: 1,914
(a) The death of the reservist; 1,916
(b) The divorce or separation of a reservist from the 1,918
reservist's spouse; 1,919
(c) The cessation of dependency of a child pursuant to the 1,921
terms of the policy. 1,922
(2) The thirty-six-month period of continuation of 1,924
coverage is deemed to begin on the date on which the coverage 1,925
would otherwise terminate because the reservist is called or 1,926
45
ordered to active duty. 1,927
(3) The employer may begin the thirty-six-month period on 1,929
the date of any occurrence described in division (C)(1) of this 1,930
section. 1,931
(D) All of the following apply to any continuation of 1,933
coverage, or the extension of any continuation of coverage, 1,934
provided under division (B) or (C) of this section: 1,935
(1) The continuation of coverage shall provide the same 1,937
benefits as those provided to any similarly situated eligible 1,938
person who is covered under the same group policy and an employee 1,939
who has not been called or ordered to active duty. 1,940
(2) An employer shall notify each employee of the right of 1,942
continuation of coverage at the time of employment. At the time 1,943
the reservist is called or ordered to active duty, the employer 1,944
shall notify each eligible person of the requirements for the 1,945
continuation of coverage. 1,946
(3) Each certificate of coverage issued by an insurer to 1,948
an employee under the group policy shall include a notice of the 1,949
eligible person's right of continuation of coverage. 1,950
(4) An eligible person shall file a written election of 1,952
continuation of coverage with the employer and pay the employer 1,953
the first contribution required under division (D)(5) of this 1,954
section. The written election and payment must be received by 1,955
the employer no later than thirty-one days after the date on 1,956
which the eligible person's coverage would otherwise terminate. 1,957
If the employer notifies the eligible person of the right of 1,958
continuation of coverage after the date on which the eligible 1,959
person's coverage would otherwise terminate, the written election 1,960
and payment must be received by the employer no later than 1,961
thirty-one days after the date of the notification. 1,962
(5)(a) Except as provided in division (D)(5)(b) OR (c) of 1,964
this section, the eligible person shall pay to the employer, on a 1,966
monthly basis and in advance, the amount of contribution required 1,967
by the employer. The amount shall not exceed one hundred two per 1,968
46
cent of the group rate for the coverage being continued under the 1,969
group policy on the due date of each payment. 1,970
(b) The employer may pay a portion or all of the eligible 1,972
person's contribution. 1,973
(c) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS 1,976
THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE 1,977
ELIGIBLE PERSON'S CONTRIBUTION, IF ANY, FOR THE COVERAGE. 1,978
(E) The eligible person's right to any continuation of 1,980
coverage, or the extension of any continuation of coverage, 1,981
provided under division (B) or (C) of this section ceases on the 1,982
date on which any of the following occurs: 1,983
(1) The eligible person, whether as an employee or 1,985
otherwise, enrolls in another group policy or other group health 1,986
plan or arrangement that does not contain any exclusion or 1,987
limitation with respect to any preexisting condition of that 1,988
eligible person. For purposes of division (E)(1) of this 1,989
section, a group policy or other group health plan or arrangement 1,990
does not include the civilian health and medical program of the 1,991
uniformed services as defined in Public Law 99-661, 100 Stat. 1,992
3898 (1986), 10 U.S.C.A. 1072. 1,993
(2) The period of either eighteen months provided under 1,995
division (B) of this section or thirty-six months provided under 1,996
division (C) of this section expires. 1,997
(3) The eligible person fails to make a timely payment of 1,999
a required contribution, in which case the coverage ceases at the 2,000
end of the period of coverage for which contributions were made. 2,001
(4) The group policy, or participation under the group 2,003
policy, is terminated, unless the employer, in accordance with 2,004
division (F) of this section, replaces the coverage with similar 2,005
coverage under another group policy or other group health plan or 2,006
arrangement. 2,007
(F) If the employer replaces the group policy with similar 2,009
coverage as described in division (E)(4) of this section, both of 2,010
the following apply: 2,011
47
(1) The eligible person is covered under the replacement 2,013
coverage for the balance of the period that he THE ELIGIBLE 2,014
PERSON would have remained covered under the terminated coverage 2,016
if it had not been terminated. 2,017
(2) The level of benefits under the replacement coverage 2,019
is the same as the level of benefits provided to any similarly 2,020
situated eligible person who is covered under the group policy 2,021
and an employee who has not been called or ordered to active 2,022
duty. 2,023
(G) Upon the reservist's release from active duty and his 2,025
return to employment for the employer by whom he THE RESERVIST 2,026
was employed at the time he was OF BEING called or ordered to 2,028
active duty, both of the following apply: 2,030
(1) Every eligible person is entitled, without any waiting 2,032
period, to coverage under the employer's group policy that is in 2,033
effect at the time of the reservist's return to employment. 2,034
(2) Every eligible person is entitled to all benefits 2,036
under the group policy described in division (G)(1) of this 2,037
section from the date of the original coverage under the policy. 2,038
(H)(1) No insurer shall fail to provide for a continuation 2,040
of coverage, or an extension of a continuation of coverage, in a 2,041
group policy as required by and in accordance with the terms and 2,042
conditions set forth under this section. 2,043
(2) No insurer shall fail to issue a certificate of 2,045
coverage in compliance with division (D)(3) of this section. 2,046
(3) No employer shall fail to provide an employee or 2,048
eligible person with notice of the right to a continuation of 2,049
coverage under a group policy in accordance with division (D)(2) 2,050
of this section. 2,051
(I) Whoever violates division (H)(1), (2), or (3) of this 2,053
section is deemed to have engaged in an unfair and deceptive act 2,054
or practice in the business of insurance under sections 3901.19 2,055
to 3901.26 of the Revised Code. 2,056
(J) This section does not apply to any group policy that 2,058
48
is subject to section 5923.051 of the Revised Code. 2,059
Sec. 3923.382. (A) As used in this section: 2,068
(1) "Eligible person" means any person who, at the time a 2,070
reservist is called or ordered to active duty, is covered under a 2,071
group plan and is either of the following: 2,072
(a) An employee who is a reservist called or ordered to 2,074
active duty; 2,075
(b) The spouse or a dependent child of an employee 2,077
described in division (A)(1)(a) of this section. 2,078
(2) "Group plan" includes any private or public employer 2,080
self-insurance plan that satisfies all of the following: 2,081
(a) The plan is established or modified in this state on 2,083
or after April 17, 1991. 2,085
(b) The plan provides, or provides payment for, health 2,087
benefits for employees resident in this state other than through 2,088
an insurer or health insuring corporation. 2,090
(c) The plan is in effect and covers an eligible person at 2,092
the time a reservist is called or ordered to active duty. 2,093
(3) "Group rate" means the average monthly cost per 2,095
employee, over a period of at least twelve months of the 2,096
operation of a group plan, that would represent a group insurance 2,097
rate if the same coverage had been provided under a group 2,098
sickness and accident insurance policy. 2,099
(4) "Reservist" means a member of a reserve component of 2,101
the armed forces of the United States. "Reservist" includes a 2,102
member of the Ohio national guard and the Ohio air national 2,104
guard.
(B) Every group plan shall provide that any eligible 2,106
person may continue the coverage under the plan for a period of 2,107
eighteen months after the date on which the coverage would 2,108
otherwise terminate because the reservist is called or ordered to 2,109
active duty. 2,110
(C)(1) An eligible person may extend the eighteen-month 2,112
period of continuation of coverage to a thirty-six-month period 2,113
49
of continuation of coverage, if any of the following occurs 2,114
during the eighteen-month period: 2,115
(a) The death of the reservist; 2,117
(b) The divorce or separation of a reservist from the 2,119
reservist's spouse; 2,120
(c) The cessation of dependency of a child pursuant to the 2,122
terms of the plan. 2,123
(2) The thirty-six-month period of continuation of 2,125
coverage is deemed to begin on the date on which the coverage 2,126
would otherwise terminate because the reservist is called or 2,127
ordered to active duty. 2,128
(3) The employer may begin the thirty-six-month period on 2,130
the date of any occurrence described in division (C)(1) of this 2,131
section. 2,132
(D) All of the following apply to any continuation of 2,134
coverage, or the extension of any continuation of coverage, 2,135
provided under division (B) or (C) of this section: 2,136
(1) The continuation of coverage shall provide the same 2,138
benefits as those provided to any similarly situated eligible 2,139
person who is covered under the same group plan and an employee 2,140
who has not been called or ordered to active duty. 2,141
(2) An employer shall notify each employee of the right of 2,143
continuation of coverage at the time of employment. At the time 2,144
the reservist is called or ordered to active duty, the employer 2,145
shall notify each eligible person of the requirements for the 2,146
continuation of coverage. 2,147
(3) Each certificate or other evidence of coverage issued 2,149
by an employer to an employee under the group plan shall include 2,150
a notice of the eligible person's right of continuation of 2,151
coverage. 2,152
(4) An eligible person shall file a written election of 2,154
continuation of coverage with the employer and pay the employer 2,155
the first contribution required under division (D)(5) of this 2,156
section. The written election and payment must be received by 2,157
50
the employer no later than thirty-one days after the date on 2,158
which the eligible person's coverage would otherwise terminate. 2,159
If the employer notifies the eligible person of the right of 2,160
continuation of coverage after the date on which the eligible 2,161
person's coverage would otherwise terminate, the written election 2,162
and payment must be received by the employer no later than 2,163
thirty-one days after the date of the notification. 2,164
(5)(a) Except as provided in division (D)(5)(b) OR (c) of 2,166
this section, the eligible person shall pay to the employer, on a 2,168
monthly basis and in advance, the amount of contribution required 2,169
by the employer. The amount shall not exceed one hundred two per 2,170
cent of the group rate for the coverage being continued under the 2,171
group plan on the due date of each payment. 2,172
(b) The employer may pay a portion or all of the eligible 2,174
person's contribution. 2,175
(c) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS 2,178
THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE 2,179
ELIGIBLE PERSON'S CONTRIBUTION IF ANY, FOR THE COVERAGE. 2,181
(E) The eligible person's right to any continuation of 2,183
coverage, or the extension of any continuation of coverage, 2,184
provided under division (B) or (C) of this section ceases on the 2,185
date on which any of the following occurs: 2,186
(1) The eligible person, whether as an employee or 2,188
otherwise, enrolls in another group plan or other group health 2,189
plan or arrangement that does not contain any exclusion or 2,190
limitation with respect to any preexisting condition of that 2,191
eligible person. For purposes of division (E)(1) of this 2,192
section, a group plan or other group health plan or arrangement 2,193
does not include the civilian health and medical program of the 2,194
uniformed services as defined in Public Law 99-661, 100 Stat. 2,195
3898 (1986), 10 U.S.C.A. 1072. 2,196
(2) The period of either eighteen months provided under 2,198
division (B) of this section or thirty-six months provided under 2,199
division (C) of this section expires. 2,200
51
(3) The eligible person fails to make a timely payment of 2,202
a required contribution, in which case the coverage ceases at the 2,203
end of the period of coverage for which contributions were made. 2,204
(4) The group plan, or participation under the group plan, 2,206
is terminated, unless the employer, in accordance with division 2,207
(F) of this section, replaces the coverage with similar coverage 2,208
under another group plan or other group health plan or 2,209
arrangement. 2,210
(F) If the employer replaces the group plan with similar 2,212
coverage as described in division (E)(4) of this section, both of 2,213
the following apply: 2,214
(1) The eligible person is covered under the replacement 2,216
coverage for the balance of the period that the person would have 2,218
remained covered under the terminated coverage if it had not been 2,219
terminated. 2,220
(2) The level of benefits under the replacement coverage 2,222
is the same as the level of benefits provided to any similarly 2,223
situated eligible person who is covered under the group plan and 2,224
an employee who has not been called or ordered to active duty. 2,225
(G) Upon the reservist's release from active duty and the 2,227
reservist's return to employment for the employer by whom the 2,229
reservist was employed at the time the reservist was called or 2,231
ordered to active duty, both of the following apply: 2,233
(1) Every eligible person is entitled, without any waiting 2,235
period, to coverage under the employer's group plan that is in 2,236
effect at the time of the reservist's return to employment. 2,237
(2) Every eligible person is entitled to all benefits 2,239
under the group plan described in division (G)(1) of this section 2,240
from the date of the original coverage under the plan. 2,241
(H)(1) No employer shall fail to provide for a 2,243
continuation of coverage, or an extension of a continuation of 2,244
coverage, in a group plan as required by and in accordance with 2,245
the terms and conditions set forth under this section. 2,246
(2) No employer shall fail to issue a certificate or other 2,248
52
evidence of coverage in compliance with division (D)(3) of this 2,249
section. 2,250
(3) No employer shall fail to provide an employee or 2,252
eligible person with notice of the right to a continuation of 2,253
coverage under a group plan in accordance with division (D)(2) of 2,254
this section. 2,255
(I) Whoever violates division (H)(1), (2), or (3) of this 2,257
section is deemed to have engaged in an unfair and deceptive act 2,258
or practice in the business of insurance under sections 3901.19 2,259
to 3901.26 of the Revised Code. 2,260
(J) This section does not apply to a group plan under 2,262
either of the following circumstances: 2,263
(1) The group plan is subject to section 5923.051 of the 2,265
Revised Code. 2,266
(2) The application of this section THAT is superseded, 2,268
preempted, prohibited, or otherwise precluded by federal law. 2,269
Sec. 4117.01. As used in this chapter: 2,279
(A) "Person," in addition to those included in division 2,281
(C) of section 1.59 of the Revised Code, includes employee 2,282
organizations, public employees, and public employers. 2,283
(B) "Public employer" means the state or any political 2,285
subdivision of the state located entirely within the state, 2,286
including, without limitation, any municipal corporation with a 2,287
population of at least five thousand according to the most recent 2,288
federal decennial census; county; township with a population of 2,289
at least five thousand in the unincorporated area of the township 2,290
according to the most recent federal decennial census; school 2,291
district; governing authority of a community school established 2,292
under Chapter 3314. of the Revised Code; state institution of 2,293
higher learning; public or special district; state agency, 2,294
authority, commission, or board; or other branch of public 2,295
employment.
(C) "Public employee" means any person holding a position 2,297
by appointment or employment in the service of a public employer, 2,298
53
including any person working pursuant to a contract between a 2,299
public employer and a private employer and over whom the national 2,300
labor relations board has declined jurisdiction on the basis that 2,301
the involved employees are employees of a public employer, 2,302
except: 2,303
(1) Persons holding elective office; 2,305
(2) Employees of the general assembly and employees of any 2,307
other legislative body of the public employer whose principal 2,308
duties are directly related to the legislative functions of the 2,309
body; 2,310
(3) Employees on the staff of the governor or the chief 2,312
executive of the public employer whose principal duties are 2,313
directly related to the performance of the executive functions of 2,314
the governor or the chief executive; 2,315
(4) Persons who are members of the OHIO organized militia, 2,317
while on active duty TRAINING OR PERFORMING DUTY UNDER SECTION 2,318
5919.29 OR 5923.12 OF THE REVISED CODE; 2,319
(5) Employees of the state employment relations board; 2,321
(6) Confidential employees; 2,323
(7) Management level employees; 2,325
(8) Employees and officers of the courts, assistants to 2,327
the attorney general, assistant prosecuting attorneys, and 2,328
employees of the clerks of courts who perform a judicial 2,329
function; 2,330
(9) Employees of a public official who act in a fiduciary 2,332
capacity, appointed pursuant to section 124.11 of the Revised 2,333
Code; 2,334
(10) Supervisors; 2,336
(11) Students whose primary purpose is educational 2,338
training, including graduate assistants or associates, residents, 2,339
interns, or other students working as part-time public employees 2,340
less than fifty per cent of the normal year in the employee's 2,341
bargaining unit; 2,342
(12) Employees of county boards of election; 2,344
54
(13) Seasonal and casual employees as determined by the 2,346
state employment relations board; 2,347
(14) Part-time faculty members of an institution of higher 2,349
education; 2,350
(15) Employees of the state personnel board of review; 2,352
(16) Employees of the board of directors of the Ohio 2,354
low-level radioactive waste facility development authority 2,355
created in section 3747.05 of the Revised Code; 2,356
(17) Participants in a work activity, developmental 2,358
activity, or alternative work activity under sections 5107.40 to 2,359
5107.69 of the Revised Code who perform a service for a public 2,361
employer that the public employer needs but is not performed by 2,362
an employee of the public employer if the participant is not
engaged in paid employment or subsidized employment purusant to 2,363
the activity.
(D) "Employee organization" means any labor or bona fide 2,365
organization in which public employees participate and that 2,366
exists for the purpose, in whole or in part, of dealing with 2,367
public employers concerning grievances, labor disputes, wages, 2,368
hours, terms, and other conditions of employment. 2,369
(E) "Exclusive representative" means the employee 2,371
organization certified or recognized as an exclusive 2,372
representative under section 4117.05 of the Revised Code. 2,373
(F) "Supervisor" means any individual who has authority, 2,375
in the interest of the public employer, to hire, transfer, 2,376
suspend, lay off, recall, promote, discharge, assign, reward, or 2,377
discipline other public employees; to responsibly direct them; to 2,378
adjust their grievances; or to effectively recommend such action, 2,379
if the exercise of that authority is not of a merely routine or 2,380
clerical nature, but requires the use of independent judgment, 2,381
provided that: 2,382
(1) Employees of school districts who are department 2,384
chairpersons or consulting teachers shall not be deemed 2,385
supervisors; 2,386
55
(2) With respect to members of a police or fire 2,388
department, no person shall be deemed a supervisor except the 2,389
chief of the department or those individuals who, in the absence 2,390
of the chief, are authorized to exercise the authority and 2,391
perform the duties of the chief of the department. Where prior 2,392
to June 1, 1982, a public employer pursuant to a judicial 2,393
decision, rendered in litigation to which the public employer was 2,394
a party, has declined to engage in collective bargaining with 2,395
members of a police or fire department on the basis that those 2,396
members are supervisors, those members of a police or fire 2,397
department do not have the rights specified in this chapter for 2,398
the purposes of future collective bargaining. The state 2,399
employment relations board shall decide all disputes concerning 2,400
the application of division (F)(2) of this section. 2,401
(3) With respect to faculty members of a state institution 2,403
of higher education, heads of departments or divisions are 2,404
supervisors; however, no other faculty member or group of faculty 2,405
members is a supervisor solely because the faculty member or 2,406
group of faculty members participate in decisions with respect to 2,407
courses, curriculum, personnel, or other matters of academic 2,408
policy; 2,409
(4) No teacher as defined in section 3319.09 of the 2,411
Revised Code shall be designated as a supervisor or a management 2,412
level employee unless the teacher is employed under a contract 2,413
governed by section 3319.01, 3319.011, or 3319.02 of the Revised 2,414
Code and is assigned to a position for which a license deemed to 2,416
be for administrators under state board rules is required 2,417
pursuant to section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual 2,419
obligation of the public employer, by its representatives, and 2,420
the representatives of its employees to negotiate in good faith 2,421
at reasonable times and places with respect to wages, hours, 2,422
terms, and other conditions of employment and the continuation, 2,423
modification, or deletion of an existing provision of a 2,424
56
collective bargaining agreement, with the intention of reaching 2,425
an agreement, or to resolve questions arising under the 2,426
agreement. "To bargain collectively" includes executing a 2,427
written contract incorporating the terms of any agreement 2,428
reached. The obligation to bargain collectively does not mean 2,429
that either party is compelled to agree to a proposal nor does it 2,430
require the making of a concession. 2,431
(H) "Strike" means continuous concerted action in failing 2,433
to report to duty; willful absence from one's position; or 2,434
stoppage of work in whole from the full, faithful, and proper 2,435
performance of the duties of employment, for the purpose of 2,436
inducing, influencing, or coercing a change in wages, hours, 2,437
terms, and other conditions of employment. "Strike" does not
include a stoppage of work by employees in good faith because of 2,438
dangerous or unhealthful working conditions at the place of 2,439
employment that are abnormal to the place of employment. 2,440
(I) "Unauthorized strike" includes, but is not limited to, 2,442
concerted action during the term or extended term of a collective 2,443
bargaining agreement or during the pendency of the settlement 2,444
procedures set forth in section 4117.14 of the Revised Code in 2,445
failing to report to duty; willful absence from one's position; 2,446
stoppage of work; slowdown, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of 2,447
employment for the purpose of inducing, influencing, or coercing 2,448
a change in wages, hours, terms, and other conditions of 2,449
employment. "Unauthorized strike" includes any such action, 2,450
absence, stoppage, slowdown, or abstinence when done partially or 2,451
intermittently, whether during or after the expiration of the
term or extended term of a collective bargaining agreement or 2,452
during or after the pendency of the settlement procedures set 2,453
forth in section 4117.14 of the Revised Code. 2,454
(J) "Professional employee" means any employee engaged in 2,456
work that is predominantly intellectual, involving the consistent 2,458
exercise of discretion and judgment in its performance and 2,459
57
requiring knowledge of an advanced type in a field of science or 2,460
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished 2,461
from a general academic education or from an apprenticeship; or 2,462
an employee who has completed the courses of specialized 2,463
intellectual instruction and is performing related work under the 2,464
supervision of a professional person to become qualified as a 2,466
professional employee.
(K) "Confidential employee" means any employee who works 2,468
in the personnel offices of a public employer and deals with 2,469
information to be used by the public employer in collective 2,470
bargaining; or any employee who works in a close continuing 2,471
relationship with public officers or representatives directly 2,472
participating in collective bargaining on behalf of the employer. 2,473
(L) "Management level employee" means an individual who 2,475
formulates policy on behalf of the public employer, who 2,476
responsibly directs the implementation of policy, or who may 2,477
reasonably be required on behalf of the public employer to assist 2,478
in the preparation for the conduct of collective negotiations, 2,479
administer collectively negotiated agreements, or have a major 2,480
role in personnel administration. Assistant superintendents, 2,481
principals, and assistant principals whose employment is governed 2,482
by section 3319.02 of the Revised Code are management level 2,483
employees. With respect to members of a faculty of a state 2,484
institution of higher education, no person is a management level 2,485
employee because of the person's involvement in the formulation 2,486
or implementation of academic or institution policy. 2,487
(M) "Wages" means hourly rates of pay, salaries, or other 2,489
forms of compensation for services rendered. 2,490
(N) "Member of a police department" means a person who is 2,492
in the employ of a police department of a municipal corporation 2,493
as a full-time regular police officer as the result of an 2,495
appointment from a duly established civil service eligibility
list or under section 737.15 or 737.16 of the Revised Code, a 2,496
58
full-time deputy sheriff appointed under section 311.04 of the 2,497
Revised Code, a township constable appointed under section 509.01 2,499
of the Revised Code, or a member of a township police district 2,500
police department appointed under section 505.49 of the Revised 2,501
Code.
(O) "Members of the state highway patrol" means highway 2,503
patrol troopers and radio operators appointed under section 2,504
5503.01 of the Revised Code. 2,505
(P) "Member of a fire department" means a person who is in 2,507
the employ of a fire department of a municipal corporation or a 2,508
township as a fire cadet, full-time regular fire fighter 2,509
FIREFIGHTER, or promoted rank as the result of an appointment 2,511
from a duly established civil service eligibility list or under 2,512
section 505.38, 709.012, or 737.22 of the Revised Code. 2,513
(Q) "Day" means calendar day. 2,515
Sec. 4141.01. As used in this chapter, unless the context 2,524
otherwise requires: 2,525
(A)(1) "Employer" means the state, its instrumentalities, 2,527
its political subdivisions and their instrumentalities, and any 2,528
individual or type of organization including any partnership, 2,529
association, trust, estate, joint-stock company, insurance 2,530
company, or corporation, whether domestic or foreign, or the 2,531
receiver, trustee in bankruptcy, trustee, or the successor 2,532
thereof, or the legal representative of a deceased person who 2,533
subsequent to December 31, 1971, or in the case of political 2,534
subdivisions or their instrumentalities, subsequent to December 2,535
31, 1973: 2,536
(a) Had in employment at least one individual, or in the 2,538
case of a nonprofit organization, subsequent to December 31, 2,539
1973, had not less than four individuals in employment for some 2,540
portion of a day in each of twenty different calendar weeks, in 2,541
either the current or the preceding calendar year whether or not 2,542
the same individual was in employment in each such day; or 2,543
(b) Except for a nonprofit organization, had paid for 2,545
59
service in employment wages of fifteen hundred dollars or more in 2,546
any calendar quarter in either the current or preceding calendar 2,547
year; or 2,548
(c) Had paid, subsequent to December 31, 1977, for 2,550
employment in domestic service in a local college club, or local 2,551
chapter of a college fraternity or sorority, cash remuneration of 2,552
one thousand dollars or more in any calendar quarter in the 2,553
current calendar year or the preceding calendar year, or had paid 2,554
subsequent to December 31, 1977, for employment in domestic 2,555
service in a private home cash remuneration of one thousand 2,556
dollars in any calendar quarter in the current calendar year or 2,558
the preceding calendar year:
(i) For the purposes of divisions (A)(1)(a) and (b) of 2,560
this section, there shall not be taken into account any wages 2,561
paid to, or employment of, an individual performing domestic 2,562
service as described in this division. 2,563
(ii) An employer under this division shall not be an 2,565
employer with respect to wages paid for any services other than 2,566
domestic service unless the employer is also found to be an 2,567
employer under division (A)(1)(a), (b), or (d) of this section. 2,568
(d) As a farm operator or a crew leader subsequent to 2,570
December 31, 1977, had in employment individuals in agricultural 2,571
labor; and 2,572
(i) During any calendar quarter in the current calendar 2,574
year or the preceding calendar year, paid cash remuneration of 2,575
twenty thousand dollars or more for the agricultural labor; or 2,576
(ii) Had at least ten individuals in employment in 2,578
agricultural labor, not including such labor when performed 2,579
before January 1, 1980, by an alien, for some portion of a day in 2,580
each of the twenty different calendar weeks, in either the 2,581
current or preceding calendar year whether or not the same 2,582
individual was in employment in each day; or 2,583
(e) Is not otherwise an employer as defined under division 2,585
(A)(1)(a) or (b) of this section; and 2,586
60
(i) For which, within either the current or preceding 2,588
calendar year, service, except for domestic service in a private 2,589
home not covered under division (A)(1)(c) of this section, is or 2,590
was performed with respect to which such employer is liable for 2,591
any federal tax against which credit may be taken for 2,592
contributions required to be paid into a state unemployment fund; 2,593
(ii) Which, as a condition for approval of this chapter 2,595
for full tax credit against the tax imposed by the "Federal 2,596
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301, is 2,597
required, pursuant to such act to be an employer under this 2,598
chapter; or 2,599
(iii) Who became an employer by election under division 2,601
(A)(4) or (5) of this section and for the duration of such 2,602
election; or 2,603
(f) In the case of the state, its instrumentalities, its 2,605
political subdivisions, and their instrumentalities, had in 2,606
employment, as defined in division (B)(2)(a) of this section, at 2,607
least one individual; 2,608
(g) For the purposes of division (A)(1)(a) of this 2,610
section, if any week includes both the thirty-first day of 2,611
December and the first day of January, the days of that week 2,612
before the first day of January shall be considered one calendar 2,613
week and the days beginning the first day of January another 2,614
week. 2,615
(2) Each individual employed to perform or to assist in 2,617
performing the work of any agent or employee of an employer is 2,618
employed by such employer for all the purposes of this chapter, 2,619
whether such individual was hired or paid directly by such 2,620
employer or by such agent or employee, provided the employer had 2,621
actual or constructive knowledge of the work. All individuals 2,622
performing services for an employer of any person in this state 2,623
who maintains two or more establishments within this state are 2,624
employed by a single employer for the purposes of this chapter. 2,625
(3) An employer subject to this chapter within any 2,627
61
calendar year is subject to this chapter during the whole of such 2,628
year and during the next succeeding calendar year. 2,629
(4) An employer not otherwise subject to this chapter who 2,631
files with the administrator of the bureau of employment services 2,632
a written election to become an employer subject to this chapter 2,634
for not less than two calendar years shall, with the written 2,635
approval of such election by the administrator, become an
employer subject to this chapter to the same extent as all other 2,636
employers as of the date stated in such approval, and shall cease 2,637
to be subject to this chapter as of the first day of January of 2,638
any calendar year subsequent to such two calendar years only if 2,639
at least thirty days prior to such first day of January the 2,640
employer has filed with the administrator a written notice to 2,641
that effect.
(5) Any employer for whom services that do not constitute 2,643
employment are performed may file with the administrator a 2,644
written election that all such services performed by individuals 2,645
in the employer's employ in one or more distinct establishments 2,646
or places of business shall be deemed to constitute employment 2,647
for all the purposes of this chapter, for not less than two 2,648
calendar years. Upon written approval of the election by the 2,649
administrator, such services shall be deemed to constitute 2,650
employment subject to this chapter from and after the date stated 2,651
in such approval. Such services shall cease to be employment 2,652
subject to this chapter as of the first day of January of any 2,653
calendar year subsequent to such two calendar years only if at 2,654
least thirty days prior to such first day of January such 2,655
employer has filed with the administrator a written notice to 2,656
that effect.
(B)(1) "Employment" means: 2,658
(a) Service performed for wages under any contract of 2,660
hire, written or oral, express or implied, including service 2,661
performed in interstate commerce and service performed by an 2,662
officer of a corporation, without regard to whether such service 2,663
62
is executive, managerial, or manual in nature, and without regard 2,664
to whether such officer is a stockholder or a member of the board 2,665
of directors of the corporation; 2,666
(b) Services performed by an individual for remuneration 2,668
unless it is shown to the satisfaction of the administrator that 2,669
such individual: 2,670
(i) Has been and will continue to be free from control or 2,672
direction over the performance of such service, both under a 2,673
contract of service and in fact; 2,674
(ii) That such service is outside the usual course of the 2,676
business for which service is performed; and 2,677
(iii) That such individual is customarily engaged in an 2,679
independently established trade, occupation, profession, or 2,680
business. 2,681
(2) "Employment" includes: 2,683
(a) Service performed after December 31, 1977, by an 2,685
individual in the employ of the state or any of its 2,686
instrumentalities, or any political subdivision thereof or any of 2,687
its instrumentalities or any instrumentality of more than one of 2,688
the foregoing or any instrumentality of any of the foregoing and 2,689
one or more other states or political subdivisions and without 2,690
regard to divisions (A)(1)(a) and (b) of this section, provided 2,691
that such service is excluded from employment as defined in the 2,692
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 2,693
3306(c)(7) and is not excluded under division (B)(3) of this 2,694
section; or the services of employees covered by voluntary 2,695
election, as provided under divisions (A)(4) and (5) of this 2,696
section; 2,697
(b) Service performed after December 31, 1971, by an 2,699
individual in the employ of a religious, charitable, educational, 2,700
or other organization which is excluded from the term 2,701
"employment" as defined in the "Federal Unemployment Tax Act," 84 2,702
Stat. 713, 26 U.S.C.A. 3301, solely by reason of section 26 2,703
U.S.C.A. 3306(c)(8) of that act and is not excluded under 2,704
63
division (B)(3) of this section; 2,705
(c) Domestic service performed after December 31, 1977, 2,707
for an employer, as provided in division (A)(1)(c) of this 2,708
section; 2,709
(d) Agricultural labor performed after December 31, 1977, 2,711
for a farm operator or a crew leader, as provided in division 2,712
(A)(1)(d) of this section; 2,713
(e) Service not covered under division (B)(1)(b) of this 2,715
section which is performed after December 31, 1971: 2,716
(i) As an agent-driver or commission-driver engaged in 2,718
distributing meat products, vegetable products, fruit products, 2,719
bakery products, beverages other than milk, laundry, or 2,720
dry-cleaning services, for the individual's employer or 2,721
principal; 2,722
(ii) As a traveling or city salesperson, other than as an 2,724
agent-driver or commission-driver, engaged on a full-time basis 2,725
in the solicitation on behalf of and in the transmission to the 2,727
salesperson's employer or principal except for sideline sales 2,728
activities on behalf of some other person of orders from 2,729
wholesalers, retailers, contractors, or operators of hotels, 2,730
restaurants, or other similar establishments for merchandise for 2,731
resale, or supplies for use in their business operations, 2,732
provided that for the purposes of this division (B)(2)(e)(ii) of 2,733
this section, the services shall be deemed employment if the 2,734
contract of service contemplates that substantially all of the 2,735
services are to be performed personally by the individual and 2,736
that the individual does not have a substantial investment in 2,737
facilities used in connection with the performance of the 2,738
services other than in facilities for transportation, and the 2,739
services are not in the nature of a single transaction that is 2,740
not a part of a continuing relationship with the person for whom 2,741
the services are performed. 2,742
(f) An individual's entire service performed within or 2,744
both within and without the state if: 2,745
64
(i) The service is localized in this state. 2,747
(ii) The service is not localized in any state, but some 2,749
of the service is performed in this state and either the base of 2,750
operations, or if there is no base of operations then the place 2,751
from which such service is directed or controlled, is in this 2,752
state or the base of operations or place from which such service 2,753
is directed or controlled is not in any state in which some part 2,754
of the service is performed but the individual's residence is in 2,755
this state. 2,756
(g) Service not covered under division (B)(2)(f)(ii) of 2,758
this section and performed entirely without this state, with 2,759
respect to no part of which contributions are required and paid 2,760
under an unemployment compensation law of any other state, the 2,761
Virgin Islands, Canada, or of the United States, if the 2,762
individual performing such service is a resident of this state 2,763
and the administrator of the bureau of employment services 2,764
approves the election of the employer for whom such services are 2,765
performed; or, if the individual is not a resident of this state 2,767
but the place from which the service is directed or controlled is 2,768
in this state, the entire services of such individual shall be 2,769
deemed to be employment subject to this chapter, provided service 2,770
is deemed to be localized within this state if the service is 2,771
performed entirely within this state or if the service is 2,772
performed both within and without this state but the service 2,773
performed without this state is incidental to the individual's 2,774
service within the state, for example, is temporary or transitory 2,775
in nature or consists of isolated transactions; 2,776
(h) Service of an individual who is a citizen of the 2,778
United States, performed outside the United States except in 2,779
Canada after December 31, 1971, or the Virgin Islands, after 2,780
December 31, 1971, and before the first day of January of the 2,781
year following that in which the United States secretary of labor 2,782
approves the Virgin Islands law for the first time, in the employ 2,783
of an American employer, other than service which is "employment" 2,784
65
under divisions (B)(2)(f) and (g) of this section or similar 2,785
provisions of another state's law, if: 2,786
(i) The employer's principal place of business in the 2,788
United States is located in this state; 2,789
(ii) The employer has no place of business in the United 2,791
States, but the employer is an individual who is a resident of 2,792
this state; or the employer is a corporation which is organized 2,793
under the laws of this state, or the employer is a partnership or 2,794
a trust and the number of partners or trustees who are residents 2,795
of this state is greater than the number who are residents of any 2,796
other state; or 2,797
(iii) None of the criteria of divisions (B)(2)(f)(i) and 2,799
(ii) of this section is met but the employer has elected coverage 2,800
in this state or the employer having failed to elect coverage in 2,801
any state, the individual has filed a claim for benefits, based 2,802
on such service, under this chapter. 2,803
(i) For the purposes of division (B)(2)(h) of this 2,805
section, the term "American employer" means an employer who is an 2,806
individual who is a resident of the United States; or a 2,807
partnership, if two-thirds or more of the partners are residents 2,808
of the United States; or a trust, if all of the trustees are 2,809
residents of the United States; or a corporation organized under 2,810
the laws of the United States or of any state, provided the term 2,811
"United States" includes the states, the District of Columbia, 2,812
the Commonwealth of Puerto Rico, and the Virgin Islands. 2,813
(j) Notwithstanding any other provisions of divisions 2,815
(B)(1) and (2) of this section, service, except for domestic 2,816
service in a private home not covered under division (A)(1)(c) of 2,817
this section, with respect to which a tax is required to be paid 2,818
under any federal law imposing a tax against which credit may be 2,819
taken for contributions required to be paid into a state 2,820
unemployment fund, or service, except for domestic service in a 2,821
private home not covered under division (A)(1)(c) of this 2,822
section, which, as a condition for full tax credit against the 2,823
66
tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713, 2,824
26 U.S.C.A. 3301, is required to be covered under this chapter. 2,825
(k) Construction services performed by any individual 2,827
under a construction contract, as defined in section 4141.39 of 2,828
the Revised Code, if the administrator determines that the 2,829
employer for whom services are performed has the right to direct 2,831
or control the performance of the services and that the
individuals who perform the services receive remuneration for the 2,832
services performed. The administrator shall presume that the 2,833
employer for whom services are performed has the right to direct 2,834
or control the performance of the services if ten or more of the 2,835
following criteria apply:
(i) The employer directs or controls the manner or method 2,838
by which instructions are given to the individual performing
services; 2,839
(ii) The employer requires particular training for the 2,842
individual performing services;
(iii) Services performed by the individual are integrated 2,845
into the regular functioning of the employer;
(iv) The employer requires that services be provided by a 2,848
particular individual;
(v) The employer hires, supervises, or pays the wages of 2,851
the individual performing services;
(vi) A continuing relationship between the employer and 2,854
the individual performing services exists which contemplates
continuing or recurring work, even if not full-time work; 2,855
(vii) The employer requires the individual to perform 2,858
services during established hours;
(viii) The employer requires that the individual 2,860
performing services be devoted on a full-time basis to the 2,861
business of the employer; 2,862
(ix) The employer requires the individual to perform 2,864
services on the employer's premises; 2,865
(x) The employer requires the individual performing 2,867
67
services to follow the order of work established by the employer; 2,868
(xi) The employer requires the individual performing 2,870
services to make oral or written reports of progress; 2,871
(xii) The employer makes payment to the individual for 2,874
services on a regular basis, such as hourly, weekly, or monthly;
(xiii) The employer pays expenses for the individual 2,876
performing services; 2,877
(xiv) The employer furnishes the tools and materials for 2,880
use by the individual to perform services;
(xv) The individual performing services has not invested 2,883
in the facilities used to perform services;
(xvi) The individual performing services does not realize 2,886
a profit or suffer a loss as a result of the performance of the
services; 2,887
(xvii) The individual performing services is not 2,889
performing services for more than two employers simultaneously; 2,890
(xviii) The individual performing services does not make 2,893
the services available to the general public;
(xix) The employer has a right to discharge the individual 2,896
performing services;
(xx) The individual performing services has the right to 2,899
end the individual's relationship with the employer without
incurring liability pursuant to an employment contract or 2,900
agreement.
(3) "Employment" does not include the following services 2,902
if they are found not subject to the "Federal Unemployment Tax 2,903
Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301, and if the services 2,904
are not required to be included under division (B)(2)(j) of this 2,905
section: 2,906
(a) Service performed after December 31, 1977, in 2,908
agricultural labor, except as provided in division (A)(1)(d) of 2,909
this section; 2,910
(b) Domestic service performed after December 31, 1977, in 2,912
a private home, local college club, or local chapter of a college 2,913
68
fraternity or sorority except as provided in division (A)(1)(c) 2,914
of this section; 2,915
(c) Service performed after December 31, 1977, for this 2,917
state or a political subdivision as described in division (B)(2) 2,918
(a) of this section when performed: 2,919
(i) As a publicly elected official; 2,921
(ii) As a member of a legislative body, or a member of the 2,923
judiciary; 2,924
(iii) As a military member of the state OHIO national 2,926
guard or air national guard; 2,928
(iv) As an employee, not in the classified service as 2,930
defined in section 124.11 of the Revised Code, serving on a 2,931
temporary basis in case of fire, storm, snow, earthquake, flood, 2,932
or similar emergency; 2,933
(v) In a position which, under or pursuant to law, is 2,935
designated as a major nontenured policymaking or advisory 2,936
position, not in the classified service of the state, or a 2,937
policymaking or advisory position the performance of the duties 2,938
of which ordinarily does not require more than eight hours per 2,939
week. 2,940
(d) In the employ of any governmental unit or 2,942
instrumentality of the United States; 2,943
(e) Service performed after December 31, 1971: 2,945
(i) Service in the employ of an educational institution or 2,947
institution of higher education, including those operated by the 2,948
state or a political subdivision, if such service is performed by 2,949
a student who is enrolled and is regularly attending classes at 2,950
the educational institution or institution of higher education; 2,951
or 2,952
(ii) By an individual who is enrolled at a nonprofit or 2,954
public educational institution which normally maintains a regular 2,955
faculty and curriculum and normally has a regularly organized 2,956
body of students in attendance at the place where its educational 2,957
activities are carried on as a student in a full-time program, 2,958
69
taken for credit at the institution, which combines academic 2,959
instruction with work experience, if the service is an integral 2,960
part of the program, and the institution has so certified to the 2,961
employer, provided that this subdivision shall not apply to 2,962
service performed in a program established for or on behalf of an 2,963
employer or group of employers; 2,964
(f) Service performed by an individual in the employ of 2,966
the individual's son, daughter, or spouse and service performed 2,967
by a child under the age of eighteen in the employ of the child's 2,968
father or mother;
(g) Service performed for one or more principals by an 2,970
individual who is compensated on a commission basis, who in the 2,971
performance of the work is master of the individual's own time 2,973
and efforts, and whose remuneration is wholly dependent on the 2,974
amount of effort the individual chooses to expend, and which 2,975
service is not subject to the "Federal Unemployment Tax Act," 53 2,976
Stat. 183 (1939), 26 U.S.C.A. 3301. Service performed after 2,977
December 31, 1971:
(i) By an individual for an employer as an insurance agent 2,979
or as an insurance solicitor, if all this service is performed 2,980
for remuneration solely by way of commission; 2,981
(ii) As a home worker performing work, according to 2,983
specifications furnished by the employer for whom the services 2,984
are performed, on materials or goods furnished by such employer 2,985
which are required to be returned to the employer or to a person 2,986
designated for that purpose. 2,987
(h) Service performed after December 31, 1971: 2,989
(i) In the employ of a church or convention or association 2,991
of churches, or in an organization which is operated primarily 2,992
for religious purposes and which is operated, supervised, 2,993
controlled, or principally supported by a church or convention or 2,994
association of churches; 2,995
(ii) By a duly ordained, commissioned, or licensed 2,997
minister of a church in the exercise of the individual's ministry 2,999
70
or by a member of a religious order in the exercise of duties 3,000
required by such order; or 3,001
(iii) In a facility conducted for the purpose of carrying 3,003
out a program of rehabilitation for individuals whose earning 3,004
capacity is impaired by age or physical or mental deficiency or 3,005
injury, or providing remunerative work for individuals who 3,006
because of their impaired physical or mental capacity cannot be 3,007
readily absorbed in the competitive labor market, by an 3,008
individual receiving such rehabilitation or remunerative work; 3,009
(i) Service performed after June 30, 1939, with respect to 3,011
which unemployment compensation is payable under the "Railroad 3,012
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351; 3,013
(j) Service performed by an individual in the employ of 3,015
any organization exempt from income tax under section 501 of the 3,016
"Internal Revenue Code of 1954," if the remuneration for such 3,017
service does not exceed fifty dollars in any calendar quarter, or 3,018
if such service is in connection with the collection of dues or 3,019
premiums for a fraternal beneficial society, order, or 3,020
association and is performed away from the home office or is 3,021
ritualistic service in connection with any such society, order, 3,022
or association; 3,023
(k) Casual labor not in the course of an employer's trade 3,025
or business; incidental service performed by an officer, 3,026
appraiser, or member of a finance committee of a bank, building 3,027
and loan association, savings and loan association, or savings 3,028
association when the remuneration for such incidental service 3,029
exclusive of the amount paid or allotted for directors' fees does 3,030
not exceed sixty dollars per calendar quarter is casual labor; 3,031
(l) Service performed in the employ of a voluntary 3,033
employees' beneficial association providing for the payment of 3,034
life, sickness, accident, or other benefits to the members of 3,035
such association or their dependents or their designated 3,036
beneficiaries, if admission to a membership in such association 3,037
is limited to individuals who are officers or employees of a 3,038
71
municipal or public corporation, of a political subdivision of 3,039
the state, or of the United States and no part of the net 3,040
earnings of such association inures, other than through such 3,041
payments, to the benefit of any private shareholder or 3,042
individual; 3,043
(m) Service performed by an individual in the employ of a 3,045
foreign government, including service as a consular or other 3,046
officer or employee or of a nondiplomatic representative; 3,047
(n) Service performed in the employ of an instrumentality 3,049
wholly owned by a foreign government if the service is of a 3,050
character similar to that performed in foreign countries by 3,051
employees of the United States or of an instrumentality thereof 3,052
and if the administrator finds that the secretary of state of the 3,053
United States has certified to the secretary of the treasury of 3,054
the United States that the foreign government, with respect to 3,055
whose instrumentality exemption is claimed, grants an equivalent 3,056
exemption with respect to similar service performed in the 3,057
foreign country by employees of the United States and of 3,058
instrumentalities thereof; 3,059
(o) Service with respect to which unemployment 3,061
compensation is payable under an unemployment compensation system 3,062
established by an act of congress; 3,063
(p) Service performed as a student nurse in the employ of 3,065
a hospital or a nurses' training school by an individual who is 3,066
enrolled and is regularly attending classes in a nurses' training 3,067
school chartered or approved pursuant to state law, and service 3,068
performed as an intern in the employ of a hospital by an 3,069
individual who has completed a four years' course in a medical 3,070
school chartered or approved pursuant to state law; 3,071
(q) Service performed by an individual under the age of 3,073
eighteen in the delivery or distribution of newspapers or 3,074
shopping news, not including delivery or distribution to any 3,075
point for subsequent delivery or distribution; 3,076
(r) Service performed in the employ of the United States 3,078
72
or an instrumentality of the United States immune under the 3,079
constitution of the United States from the contributions imposed 3,080
by this chapter, except that to the extent that congress permits 3,081
states to require any instrumentalities of the United States to 3,082
make payments into an unemployment fund under a state 3,083
unemployment compensation act, this chapter shall be applicable 3,084
to such instrumentalities and to services performed for such 3,085
instrumentalities in the same manner, to the same extent, and on 3,086
the same terms as to all other employers, individuals, and 3,087
services, provided that if this state is not certified for any 3,088
year by the proper agency of the United States under section 3304 3,089
of the "Internal Revenue Code of 1954," the payments required of 3,090
such instrumentalities with respect to such year shall be 3,091
refunded by the administrator from the fund in the same manner 3,092
and within the same period as is provided in division (E) of 3,093
section 4141.09 of the Revised Code with respect to contributions 3,094
erroneously collected; 3,095
(s) Service performed by an individual as a member of a 3,097
band or orchestra, provided such service does not represent the 3,098
principal occupation of such individual, and which service is not 3,099
subject to or required to be covered for full tax credit against 3,100
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 3,101
183 (1939), 26 U.S.C.A. 3301. Service performed after December 3,102
31, 1971, for a nonprofit organization, this state or its 3,103
instrumentalities, or a political subdivision or its 3,104
instrumentalities, as part of an unemployment work-relief or 3,105
work-training program assisted or financed in whole or in part by 3,106
any federal agency or an agency of a state or political 3,107
subdivision thereof, by an individual receiving the work-relief 3,108
or work-training. 3,109
(t) Service performed in the employ of a day camp whose 3,111
camping season does not exceed twelve weeks in any calendar year, 3,112
and which service is not subject to the "Federal Unemployment Tax 3,113
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301. Service performed 3,114
73
after December 31, 1971: 3,115
(i) In the employ of a hospital, if the service is 3,117
performed by a patient of the hospital, as defined in division 3,118
(W) of this section; 3,119
(ii) For a prison or other correctional institution by an 3,121
inmate of the prison or correctional institution; 3,122
(iii) Service performed after December 31, 1977, by an 3,124
inmate of a custodial institution operated by the state, a 3,125
political subdivision, or a nonprofit organization. 3,126
(u) Notwithstanding any other provisions of division 3,128
(B)(3) of this section, services which are excluded under 3,129
divisions (B)(3)(g), (j), (k), and (l) of this section, shall not 3,130
be excluded from employment when performed for a nonprofit 3,131
organization, as defined in division (X) of this section or for 3,132
this state or its instrumentalities, or for a political 3,133
subdivision or its instrumentalities. 3,134
(4) If the services performed during one half or more of 3,136
any pay period by an employee for the person employing that 3,137
employee constitute employment, all the services of such employee 3,138
for such period shall be deemed to be employment; but if the 3,140
services performed during more than one half of any such pay 3,141
period by an employee for the person employing that employee do 3,142
not constitute employment, then none of the services of such 3,144
employee for such period shall be deemed to be employment. As 3,145
used in division (B)(4) of this section, "pay period" means a 3,146
period, of not more than thirty-one consecutive days, for which 3,147
payment of remuneration is ordinarily made to the employee by the 3,148
person employing that employee. Division (B)(4) of this section 3,149
does not apply to services performed in a pay period by an 3,150
employee for the person employing that employee, if any of such 3,152
service is excepted by division (B)(3)(o) of this section. 3,154
(C) "Benefits" means money payments payable to an 3,156
individual who has established benefit rights, as provided in 3,157
this chapter, for loss of remuneration due to the individual's 3,158
74
unemployment.
(D) "Benefit rights" means the weekly benefit amount and 3,160
the maximum benefit amount that may become payable to an 3,161
individual within the individual's benefit year as determined by 3,162
the administrator or the administrator's deputy. 3,163
(E) "Claim for benefits" means a claim for waiting period 3,165
or benefits for a designated week. 3,166
(F) "Additional claim" means the first claim for benefits 3,168
filed following any separation from employment during a benefit 3,169
year; "continued claim" means any claim other than the first 3,170
claim for benefits and other than an additional claim. 3,171
(G)(1) "Wages" means remuneration paid to an employee by 3,173
each of the employee's employers with respect to employment; 3,174
except that wages shall not include that part of remuneration 3,175
paid during any calendar year to an individual by an employer or 3,176
such employer's predecessor in interest in the same business or 3,177
enterprise, which in any calendar year is in excess of eight 3,178
thousand two hundred fifty dollars on and after January 1, 1992; 3,179
eight thousand five hundred dollars on and after January 1, 1993; 3,180
eight thousand seven hundred fifty dollars on and after January 3,181
1, 1994; and nine thousand dollars on and after January 1, 1995. 3,182
Remuneration in excess of such amounts shall be deemed wages 3,183
subject to contribution to the same extent that such remuneration 3,184
is defined as wages under the "Federal Unemployment Compensation 3,185
Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301, as amended. The 3,186
remuneration paid an employee by an employer with respect to 3,187
employment in another state, upon which contributions were 3,188
required and paid by such employer under the unemployment 3,189
compensation act of such other state, shall be included as a part 3,190
of remuneration in computing the amount specified in this 3,191
division. 3,192
(2) Notwithstanding division (G)(1) of this section, if, 3,194
as of the computation date for any calendar year, the 3,195
administrator determines that the level of the unemployment 3,196
75
compensation fund is sixty per cent or more below the minimum 3,197
safe level as defined in section 4141.25 of the Revised Code, 3,198
then, effective the first day of January of the following 3,199
calendar year, wages subject to this chapter shall not include 3,200
that part of remuneration paid during any calendar year to an 3,201
individual by an employer or such employer's predecessor in 3,202
interest in the same business or enterprise which is in excess of 3,203
nine thousand dollars. The increase in the dollar amount of 3,204
wages subject to this chapter under this division shall remain in 3,205
effect from the date of the administrator's determination 3,206
pursuant to division (G)(2) of this section and thereafter 3,207
notwithstanding the fact that the level in the fund may 3,208
subsequently become less than sixty per cent below the minimum 3,209
safe level. 3,210
(H)(1) "Remuneration" means all compensation for personal 3,212
services, including commissions and bonuses and the cash value of 3,213
all compensation in any medium other than cash, except that in 3,214
the case of agricultural or domestic service, "remuneration" 3,215
includes only cash remuneration. Gratuities customarily received 3,216
by an individual in the course of the individual's employment 3,217
from persons other than the individual's employer and which are 3,218
accounted for by such individual to the individual's employer are 3,219
taxable wages.
The reasonable cash value of compensation paid in any 3,221
medium other than cash shall be estimated and determined in 3,222
accordance with rules prescribed by the administrator, provided 3,223
that "remuneration" does not include: 3,224
(a) Payments as provided in divisions (b)(2) to (b)(16) of 3,226
section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713, 3,227
26 U.S.C.A. 3301, as amended; 3,228
(b) The payment by an employer, without deduction from the 3,230
remuneration of the individual in the employer's employ, of the 3,231
tax imposed upon an individual in the employer's employ under 3,232
section 3101 of the "Internal Revenue Code of l954," with respect 3,234
76
to services performed after October 1, 1941. 3,235
(2) "Cash remuneration" means all remuneration paid in 3,237
cash, including commissions and bonuses, but not including the 3,238
cash value of all compensation in any medium other than cash. 3,239
(I) "Interested party" means the administrator and any 3,241
party to whom notice of a determination of an application for 3,242
benefit rights or a claim for benefits is required to be given 3,243
under section 4141.28 of the Revised Code. 3,244
(J) "Annual payroll" means the total amount of wages 3,246
subject to contributions during a twelve-month period ending with 3,247
the last day of the second calendar quarter of any calendar year. 3,248
(K) "Average annual payroll" means the average of the last 3,250
three annual payrolls of an employer, provided that if, as of any 3,251
computation date, the employer has had less than three annual 3,252
payrolls in such three-year period, such average shall be based 3,253
on the annual payrolls which the employer has had as of such 3,254
date.
(L)(1) "Contributions" means the money payments to the 3,256
state unemployment compensation fund required of employers by 3,257
section 4141.25 of the Revised Code and of the state and any of 3,258
its political subdivisions electing to pay contributions under 3,259
section 4141.242 of the Revised Code. Employers paying 3,260
contributions shall be described as "contributory employers." 3,261
(2) "Payments in lieu of contributions" means the money 3,263
payments to the state unemployment compensation fund required of 3,264
reimbursing employers under sections 4141.241 and 4141.242 of the 3,265
Revised Code. 3,266
(M) An individual is "totally unemployed" in any week 3,268
during which the individual performs no services and with respect 3,269
to such week no remuneration is payable to the individual. 3,270
(N) An individual is "partially unemployed" in any week 3,272
if, due to involuntary loss of work, the total remuneration 3,273
payable to the individual for such week is less than the 3,274
individual's weekly benefit amount. 3,275
77
(O) "Week" means the calendar week ending at midnight 3,277
Saturday unless an equivalent week of seven consecutive calendar 3,278
days is prescribed by the administrator. 3,279
(1) "Qualifying week" means any calendar week in an 3,281
individual's base period with respect to which the individual 3,282
earns or is paid remuneration in employment subject to this 3,284
chapter. A calendar week with respect to which an individual 3,285
earns remuneration but for which payment was not made within the 3,286
base period may, when necessary to qualify for benefit rights, be 3,287
considered to be a qualifying week. The number of qualifying 3,288
weeks which may be established in a calendar quarter shall not 3,289
exceed the number of calendar weeks in the quarter. 3,290
(2) "Average weekly wage" means the amount obtained by 3,292
dividing an individual's total remuneration for all qualifying 3,293
weeks during the base period by the number of such qualifying 3,294
weeks, provided that if the computation results in an amount 3,295
which is not a multiple of one dollar, such amount shall be 3,296
rounded to the next lower multiple of one dollar. 3,297
(P) "Weekly benefit amount" means the amount of benefits 3,299
an individual would be entitled to receive for one week of total 3,300
unemployment. 3,301
(Q)(1) "Base period" means the first four of the last five 3,303
completed calendar quarters immediately preceding the first day 3,304
of an individual's benefit year, except as provided in division 3,305
(Q)(2) of this section. 3,306
(2) If an individual does not have sufficient qualifying 3,308
weeks and wages in the base period to qualify for benefit rights, 3,309
his THE INDIVIDUAL'S base period shall be the four most recently 3,310
completed calendar quarters preceding the first day of the 3,312
individual's benefit year. Such base period shall be known as 3,313
the "alternate base period." If information as to weeks and 3,314
wages for the most recent quarter of the alternate base period is 3,315
not available to the administrator from the regular quarterly 3,316
reports of wage information, which are systematically accessible, 3,317
78
the administrator may, consistent with the provisions of section 3,318
4141.28 of the Revised Code, base the determination of 3,319
eligibility for benefits on the affidavit of the claimant with 3,320
respect to weeks and wages for that calendar quarter. The 3,321
claimant shall furnish payroll documentation, where available, in 3,322
support of the affidavit. The determination based upon the 3,323
alternate base period as it relates to the claimant's benefit 3,324
rights, shall be amended when the quarterly report of wage 3,325
information from the employer is timely received and that 3,326
information causes a change in the determination. As provided in 3,327
division (B)(1)(b) of section 4141.28 of the Revised Code, any 3,328
benefits paid and charged to an employer's account, based upon a 3,329
claimant's affidavit, shall be adjusted effective as of the 3,330
beginning of the claimant's benefit year. No calendar quarter in 3,331
a base period or alternate base period shall be used to establish 3,332
a subsequent benefit year. 3,333
(3) The "base period" of a combined wage claim, as 3,335
described in division (H) of section 4141.43 of the Revised Code, 3,336
shall be the base period prescribed by the law of the state in 3,337
which the claim is allowed. 3,338
(R) "Benefit year" with respect to an individual means the 3,340
fifty-two week period beginning with the first day of that week 3,341
with respect to which the individual first files a valid 3,342
application for determination of benefit rights, and thereafter 3,344
the fifty-two week period beginning with the first day of that 3,345
week with respect to which the individual next files a valid 3,346
application for determination of benefit rights after the 3,347
termination of the individual's last preceding benefit year, 3,348
except that the application shall not be considered valid unless 3,350
the individual has had employment in six weeks that is subject to 3,351
this chapter or the unemployment compensation act of another 3,352
state, or the United States, and has, since the beginning of the 3,353
individual's previous benefit year, in the employment earned 3,354
three times the average weekly wage determined for the previous 3,355
79
benefit year. The "benefit year" of a combined wage claim, as 3,356
described in division (H) of section 4141.43 of the Revised Code, 3,357
shall be the benefit year prescribed by the law of the state in 3,358
which the claim is allowed. Any application for determination of 3,359
benefit rights made in accordance with section 4141.28 of the 3,360
Revised Code is valid if the individual filing such application 3,361
is unemployed, has been employed by an employer or employers 3,362
subject to this chapter, in at least twenty qualifying weeks 3,363
within the individual's base period, and in such weeks has earned 3,364
or been paid remuneration at an average weekly wage, beginning on 3,365
and after January 1, 1992, of not less than twenty-seven and 3,366
one-half per cent of the statewide average weekly wage. The 3,367
statewide average weekly wage shall be calculated by the
administrator once a year based on the twelve-month period ending 3,368
the thirtieth day of June, as set forth in division (B)(3) of 3,370
section 4141.30 of the Revised Code, rounded down to the nearest 3,371
dollar. Increases or decreases in the amount of remuneration
required to have been earned or paid in order for individuals to 3,372
have filed valid applications shall become effective on Sunday of 3,373
the calendar week in which the first day of January occurs that 3,374
follows the twelve-month period ending the thirtieth day of June 3,375
upon which the calculation of the statewide average weekly wage 3,376
was based.
As used in this division, an individual is "unemployed" if, 3,378
with respect to the calendar week in which such application is 3,380
filed, the individual is "partially unemployed" or "totally 3,382
unemployed" as defined in this section or if, prior to filing the 3,383
application, the individual was separated from the individual's 3,385
most recent work for any reason which terminated the individual's 3,386
employee-employer relationship, or was laid off indefinitely or 3,387
for a definite period of seven or more days. 3,388
(S) "Calendar quarter" means the period of three 3,390
consecutive calendar months ending on the thirty-first day of 3,391
March, the thirtieth day of June, the thirtieth day of September, 3,392
80
and the thirty-first day of December, or the equivalent thereof 3,393
as the administrator prescribes by rule. 3,394
(T) "Computation date" means the first day of the third 3,396
calendar quarter of any calendar year. 3,397
(U) "Contribution period" means the calendar year 3,399
beginning on the first day of January of any year. 3,400
(V) "Agricultural labor," for the purpose of this 3,402
division, means any service performed prior to January 1, 1972, 3,403
which was agricultural labor as defined in this division prior to 3,404
that date, and service performed after December 31, 1971: 3,405
(1) On a farm, in the employ of any person, in connection 3,407
with cultivating the soil, or in connection with raising or 3,408
harvesting any agricultural or horticultural commodity, including 3,409
the raising, shearing, feeding, caring for, training, and 3,410
management of livestock, bees, poultry, and fur-bearing animals 3,411
and wildlife; 3,412
(2) In the employ of the owner or tenant or other operator 3,414
of a farm in connection with the operation, management, 3,415
conservation, improvement, or maintenance of such farm and its 3,416
tools and equipment, or in salvaging timber or clearing land of 3,417
brush and other debris left by hurricane, if the major part of 3,418
such service is performed on a farm; 3,419
(3) In connection with the production or harvesting of any 3,421
commodity defined as an agricultural commodity in section 15 (g) 3,422
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 3,423
U.S.C. 1141j, as amended, or in connection with the ginning of 3,424
cotton, or in connection with the operation or maintenance of 3,425
ditches, canals, reservoirs, or waterways, not owned or operated 3,426
for profit, used exclusively for supplying and storing water for 3,427
farming purposes; 3,428
(4) In the employ of the operator of a farm in handling, 3,430
planting, drying, packing, packaging, processing, freezing, 3,431
grading, storing, or delivering to storage or to market or to a 3,432
carrier for transportation to market, in its unmanufactured 3,433
81
state, any agricultural or horticultural commodity, but only if 3,434
the operator produced more than one half of the commodity with 3,435
respect to which such service is performed; 3,436
(5) In the employ of a group of operators of farms, or a 3,438
cooperative organization of which the operators are members, in 3,439
the performance of service described in division (V)(4) of this 3,440
section, but only if the operators produced more than one-half of 3,441
the commodity with respect to which the service is performed; 3,442
(6) Divisions (V)(4) and (5) of this section shall not be 3,444
deemed to be applicable with respect to service performed: 3,445
(a) In connection with commercial canning or commercial 3,447
freezing or in connection with any agricultural or horticultural 3,448
commodity after its delivery to a terminal market for 3,449
distribution for consumption; or 3,450
(b) On a farm operated for profit if the service is not in 3,452
the course of the employer's trade or business. 3,453
As used in division (V) of this section, "farm" includes 3,455
stock, dairy, poultry, fruit, fur-bearing animal, and truck 3,456
farms, plantations, ranches, nurseries, ranges, greenhouses, or 3,457
other similar structures used primarily for the raising of 3,458
agricultural or horticultural commodities and orchards. 3,459
(W) "Hospital" means an institution which has been 3,461
registered or licensed by the Ohio department of health as a 3,462
hospital. 3,463
(X) "Nonprofit organization" means an organization, or 3,465
group of organizations, described in section 501(c)(3) of the 3,466
"Internal Revenue Code of 1954," and exempt from income tax under 3,467
section 501(a) of that code. 3,468
(Y) "Institution of higher education" means a public or 3,470
nonprofit educational institution which: 3,471
(1) Admits as regular students only individuals having a 3,473
certificate of graduation from a high school, or the recognized 3,474
equivalent; 3,475
(2) Is legally authorized in this state to provide a 3,477
82
program of education beyond high school; and 3,478
(3) Provides an educational program for which it awards a 3,480
bachelor's or higher degree, or provides a program which is 3,481
acceptable for full credit toward such a degree, a program of 3,482
post-graduate or post-doctoral studies, or a program of training 3,483
to prepare students for gainful employment in a recognized 3,484
occupation. 3,485
For the purposes of this division, all colleges and 3,487
universities in this state are institutions of higher education. 3,488
(Z) For the purposes of this chapter, "states" includes 3,490
the District of Columbia, the Commonwealth of Puerto Rico, and 3,491
the Virgin Islands. 3,492
(AA) "Alien" means, for the purposes of division (A)(1)(d) 3,494
of this section, an individual who is an alien admitted to the 3,495
United States to perform service in agricultural labor pursuant 3,496
to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 3,497
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101. 3,498
(BB)(1) "Crew leader" means an individual who furnishes 3,500
individuals to perform agricultural labor for any other employer 3,501
or farm operator, and: 3,502
(a) Pays, either on the individual's own behalf or on 3,505
behalf of the other employer or farm operator, the individuals so 3,507
furnished by the individual for the service in agricultural labor 3,508
performed by them; 3,509
(b) Has not entered into a written agreement with the 3,511
other employer or farm operator under which the agricultural 3,512
worker is designated as in the employ of the other employer or 3,513
farm operator. 3,514
(2) For the purposes of this chapter, any individual who 3,516
is a member of a crew furnished by a crew leader to perform 3,517
service in agricultural labor for any other employer or farm 3,518
operator shall be treated as an employee of the crew leader if: 3,519
(a) The crew leader holds a valid certificate of 3,521
registration under the "Farm Labor Contractor Registration Act of 3,522
83
1963," 90 Stat. 2668, 7 U.S.C. 2041; or 3,523
(b) Substantially all the members of the crew operate or 3,525
maintain tractors, mechanized harvesting or crop-dusting 3,526
equipment, or any other mechanized equipment, which is provided 3,527
by the crew leader; and 3,528
(c) If the individual is not in the employment of the 3,530
other employer or farm operator within the meaning of division 3,531
(B)(1) of this section. 3,532
(3) For the purposes of this division, any individual who 3,534
is furnished by a crew leader to perform service in agricultural 3,535
labor for any other employer or farm operator and who is not 3,536
treated as in the employment of the crew leader under division 3,537
(BB)(2) of this section shall be treated as the employee of the 3,538
other employer or farm operator and not of the crew leader. The 3,539
other employer or farm operator shall be treated as having paid 3,540
cash remuneration to the individual in an amount equal to the 3,541
amount of cash remuneration paid to the individual by the crew 3,542
leader, either on the crew leader's own behalf or on behalf of 3,543
the other employer or farm operator, for the service in 3,544
agricultural labor performed for the other employer or farm 3,545
operator.
(CC) "Educational institution" means an institution other 3,547
than an institution of higher education as defined in division 3,548
(Y) of this section which: 3,549
(1) Offers participants, trainees, or students an 3,551
organized course of study or training designed to transfer to 3,552
them knowledge, skills, information, doctrines, attitudes, or 3,553
abilities from, by, or under the guidance of an instructor or 3,554
teacher; and 3,555
(2) Is approved, chartered, or issued a permit to operate 3,557
as a school by the state board of education or other government 3,558
agency that is authorized within the state to approve, charter, 3,559
or issue a permit for the operation of a school. 3,560
For the purposes of this division, the courses of study or 3,562
84
training which the institution offers may be academic, technical, 3,563
trade, or preparation for gainful employment in a recognized 3,564
occupation. 3,565
Sec. 4506.02. (A) Nothing in this chapter applies to any 3,575
person when engaged in the operation of any of the following: 3,576
(1) A farm truck; 3,578
(2) Fire equipment for a fire department, volunteer or 3,580
nonvolunteer fire company, fire district, or joint fire district; 3,581
(3) A public safety vehicle used to provide transportation 3,583
or emergency medical service for ill or injured persons; 3,584
(4) A recreational vehicle; 3,586
(5) A commercial motor vehicle within the boundaries of an 3,588
eligible unit of local government, if the person is employed by 3,589
the eligible unit of local government and is operating the 3,591
commercial motor vehicle for the purpose of removing snow or ice 3,592
from a roadway by plowing, sanding, or salting, but only if 3,593
either the employee who holds a commercial driver's license 3,594
issued under this chapter and ordinarily operates a commercial 3,595
motor vehicle for these purposes is unable to operate the 3,596
vehicle, or the employing eligible unit of local government 3,597
determines that a snow or ice emergency exists that requires 3,598
additional assistance;
(6) A VEHICLE OWNED BY THE DEPARTMENT OF DEFENSE AND 3,600
OPERATED BY ANY MEMBER OR UNIFORMED EMPLOYEE OF THE ARMED FORCES 3,601
OF THE UNITED STATES OR THEIR RESERVE COMPONENTS, INCLUDING THE 3,603
OHIO NATIONAL GUARD. THIS EXCEPTION DOES NOT APPLY TO UNITED 3,604
STATES RESERVE TECHNICIANS.
Nothing contained in division (A)(5) of this section shall 3,607
be construed as pre-empting PREEMPTING or superseding any law, 3,608
rule, or regulation of this state concerning the safe operation 3,609
of commercial motor vehicles. 3,610
(B) As used in this section: 3,612
(1) "Eligible unit of local government" means a village, 3,614
township, or county that has a population of not more than three 3,615
85
thousand persons according to the most recent federal census. 3,617
(2) "Farm truck" means a truck controlled and operated by 3,619
a farmer for use in the transportation to or from a farm, for a 3,620
distance of no more than one hundred fifty miles, of products of 3,621
the farm, including livestock and its products, poultry and its 3,622
products, floricultural and horticultural products, and in the 3,623
transportation to the farm, from a distance of no more than one 3,624
hundred fifty miles, of supplies for the farm, including tile, 3,625
fence, and every other thing or commodity used in agricultural, 3,626
floricultural, horticultural, livestock, and poultry production, 3,627
and livestock, poultry, and other animals and things used for 3,628
breeding, feeding, or other purposes connected with the operation 3,629
of the farm, when the truck is operated in accordance with this 3,630
division and is not used in the operations of a motor 3,631
transportation company or private motor carrier. 3,632
(3) "Public safety vehicle" has the same meaning as in 3,634
divisions (E)(1) and (3) of section 4511.01 of the Revised Code. 3,635
(4) "Recreational vehicle" includes every vehicle that is 3,637
defined as a recreational vehicle in section 4501.01 of the 3,638
Revised Code and is used exclusively for purposes other than 3,639
engaging in business for profit. 3,640
Sec. 4911.04. The consumers' counsel shall be a resident 3,649
of this state and during his THE COUNSEL'S term of office shall 3,650
not hold any other office of either trust or profit under the 3,651
government of the United States, this state, or any political 3,652
subdivision of this state, except that this section shall not be 3,653
construed to preclude the consumers' counsel from serving as a 3,654
member of the reserve of the armed forces of the United States, 3,655
OR the Ohio national guard, the air national guard, or the naval 3,658
ORGANIZED militia. The counsel shall not engage in any other 3,659
occupation or business, but shall devote his entire FULL time to 3,660
the duties of his THE office OF CONSUMERS' COUNSEL. 3,661
Sec. 5101.312. (A) As used in this section: 3,669
(1) "Child support order" has the same meaning as in 3,671
86
section 2301.373 of the Revised Code. 3,672
(2) "Employer" means any employer with twenty-five or more 3,674
employees OTHER THAN AN EXECUTIVE AGENCY OF THE UNITED STATES, 3,676
except "employer" also means an employer with fewer than 3,677
twenty-five employees if the employer's business is one of the
following:
(a) Eating and drinking place; 3,679
(b) General building contractor; 3,681
(c) Construction--special trade contractor; 3,683
(d) Motor freight transportation and warehousing; 3,685
(e) Automotive dealer or gasoline service station; 3,687
(f) Automotive repair, services, and parking. 3,689
(3) "Obligor" means a person required to pay support under 3,691
a child support order. 3,692
(B) Effective January 1, 1996, an employer shall report in 3,695
writing to the department of human services the hiring, rehiring, 3,696
or return to work as an employee of a person who resides, works, 3,697
or will be assigned to work in this state to whom the employer 3,698
anticipates paying compensation.
(C) An employer shall include all of the following in each 3,700
report: 3,701
(1) The employee's name, address, and social security 3,703
number; 3,704
(2) The employer's name, address, and identification 3,706
number.
(D) An employer may make a report by submitting a copy of 3,708
the United States internal revenue service form W-4 (employee's 3,710
withholding allowance certificate) for the employee, a form
provided by the department, or any other hiring document or data 3,711
storage device or mechanism the department authorizes. An 3,712
employer may make the report by mail, fax, or other means the 3,713
department authorizes. If an employer makes a report by mail, 3,714
the date of making the report is the postmark date if the report 3,715
is mailed in the United States with first class postage and is 3,716
87
addressed as the department authorizes. An employer shall make 3,717
the report not later than thirty days after the date on which the 3,718
employer hires or rehires an employee or the employee returns to
work. 3,719
(E) The department shall use the reports it receives 3,721
pursuant to this section to locate obligors under child support 3,722
orders being administered by child support enforcement agencies 3,723
in this state and to detect fraud in any program administered by 3,724
the department. The department may submit to the bureau of 3,725
workers' compensation or the bureau of employment services a copy
of any report it receives from an employer pursuant to this 3,726
section. The department shall adopt rules in accordance with 3,727
Chapter 119. of the Revised Code to implement this section. In 3,728
adopting the rules, the department shall work with the bureau of 3,730
employment services for the purpose of identifying the industries
listed in division (A)(2) of this section by using the Standard 3,731
Industrial Classification codes established in the standard 3,733
industrial classification manual, 1987, published by the
executive office of the president, office of management and 3,734
budget.
(F) An employer who fails to make a report required by 3,736
this section shall be required by the department of human 3,737
services to pay a fee of twenty-five dollars for each failure to 3,738
make a report.
Sec. 5903.01. As used in section SECTIONS 5903.01 to 3,747
5903.05 AND 5903.02 of the Revised Code: 3,748
(A) "Permanent public employee" means any person holding a 3,750
position in public employment that requires working a regular 3,751
schedule of twenty-six consecutive bi-weekly BIWEEKLY pay 3,752
periods, or any other regular schedule of comparable consecutive 3,754
pay periods, which is not limited to a specific season or 3,755
duration. "Permanent public employee" does not include student 3,756
help; intermittent, seasonal, or external interim employees; or 3,757
individuals covered by personal services contracts. 3,758
88
(B) "Public employment" means employment by the state, or 3,760
any county, municipal corporation, or other civil or political 3,761
subdivision, including any department or agency thereof. 3,762
(C) "Public employer" means any government, department, or 3,764
agency mentioned in division (B) of this section. 3,765
(D) "Position" means employment, full-time, part-time, 3,767
probationary, or otherwise, held at the time of entrance into 3,768
military duty THE UNIFORMED SERVICES, but does not include 3,769
temporary or casual employment or an office filled by election. 3,773
(E) "Military duty" means training and service performed 3,775
by a member of the Ohio national guard, Ohio military reserve, or 3,776
Ohio naval militia, or by an inductee, enlistee, reservist, or 3,777
any entrant into a reserve component of the armed forces of the 3,778
United States, and time spent in reporting for and returning from 3,779
such service and training, or if a rejection occurs, from the 3,780
place of reporting therefor PERMANENT PRIVATE EMPLOYEE" MEANS ANY 3,782
PERSON HOLDING A POSITION WITH A PRIVATE EMPLOYER.
(F) "PRIVATE EMPLOYER" MEANS ANY PERSON, INSTITUTION, 3,784
ORGANIZATION, OR OTHER ENTITY THAT IS NOT A PUBLIC EMPLOYER AND 3,785
THAT PAYS SALARY OR WAGES FOR WORK PERFORMED OR THAT HAS CONTROL 3,786
OVER EMPLOYMENT OPPORTUNITIES. 3,787
(G) "SERVICE IN THE UNIFORMED SERVICES" MEANS THE 3,789
PERFORMANCE OF DUTY, ON A VOLUNTARY OR INVOLUNTARY BASIS, IN A 3,791
UNIFORMED SERVICE, UNDER COMPETENT AUTHORITY, AND INCLUDES ACTIVE 3,792
DUTY, ACTIVE DUTY FOR TRAINING, INITIAL ACTIVE DUTY FOR TRAINING, 3,793
INACTIVE DUTY FOR TRAINING, FULL-TIME NATIONAL GUARD DUTY, AND 3,794
PERFORMANCE OF DUTY OR TRAINING BY A MEMBER OF THE OHIO 3,795
ORGANIZED MILITIA PURSUANT TO CHAPTER 5923. OF THE REVISED CODE. 3,796
"SERVICE IN THE UNIFORMED SERVICES" INCLUDES ALSO THE PERIOD OF 3,797
TIME FOR WHICH A PERSON IS ABSENT FROM A POSITION OF PUBLIC OR 3,799
PRIVATE EMPLOYMENT FOR THE PURPOSE OF AN EXAMINATION TO DETERMINE 3,800
THE FITNESS OF THE PERSON TO PERFORM ANY DUTY DESCRIBED IN THIS
DIVISION. 3,801
(H) "UNIFORMED SERVICES" MEANS THE ARMED FORCES, THE OHIO 3,804
89
ORGANIZED MILITIA WHEN ENGAGED IN ACTIVE DUTY FOR TRAINING, 3,805
INACTIVE DUTY TRAINING, OR FULL-TIME NATIONAL GUARD DUTY, THE 3,806
COMMISSIONED CORPS OF THE PUBLIC HEALTH SERVICE, AND ANY OTHER 3,807
CATEGORY OF PERSONS DESIGNATED BY THE PRESIDENT OF THE UNITED 3,810
STATES IN TIME OF WAR OR EMERGENCY. 3,811
Sec. 5903.02. (A) THE DETERMINATION OF REINSTATEMENT AND 3,813
REEMPLOYMENT RIGHTS OF PERMANENT PUBLIC EMPLOYEES AND PERMANENT 3,815
PRIVATE EMPLOYEES IN THE UNIFORMED SERVICES SHALL BE MADE IN 3,817
ACCORDANCE WITH THE "UNIFORMED SERVICES EMPLOYMENT AND 3,818
REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 38 U.S.C.A. 3,819
4301, ET. SEQ.
(B) THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL ADOPT 3,821
RULES FOR THE IMPLEMENTATION OF THIS CHAPTER. 3,822
Sec. 5903.99. Whoever violates sections 5903.01 to 5903.05 3,831
AND 5903.02 of the Revised Code may be fined not more than one 3,834
thousand dollars or imprisoned not more than six months, or both. 3,836
Sec. 5911.011. The adjutant general is the (A) AS 3,845
director of state armories. He shall provide, THE ADJUTANT 3,846
GENERAL MAY ACQUIRE, DESIGN, CONSTRUCT, EXPAND, REHABILITATE, AND 3,847
CONVERT grounds, armories, airfields, and other buildings, and 3,848
facilities for the purpose PURPOSES of DEVELOPING, training, AND 3,850
OPERATING UNITS OF THE OHIO NATIONAL GUARD and for the 3,851
safekeeping of arms, clothing, equipment, and other STATE OR 3,853
FEDERAL military property issued to the Ohio national guard, OR 3,854
STATE PROPERTY ISSUED TO the Ohio military reserve, or the Ohio 3,855
naval militia, and.
(B) IN ACQUIRING GROUNDS, ARMORIES, AIRFIELDS, AND OTHER 3,857
FACILITIES FOR THE PURPOSES DESCRIBED IN DIVISION (A) OF THIS 3,858
SECTION, THE ADJUTANT GENERAL may purchase, lease PROPERTY for 3,860
any period of time not exceeding TERM UP TO ninety-nine years, 3,861
SUBJECT TO THE AVAILABILITY OF STATE FUNDS OR FEDERAL FUNDS 3,862
OBTAINED UNDER AN AGREEMENT BY WHICH THE UNITED STATES
CONTRIBUTES TO THE COST OF LEASING THE GROUNDS, ARMORY, AIRFIELD, 3,863
OR OTHER FACILITY, or THE ADJUTANT GENERAL MAY build suitable 3,864
90
buildings, airfields, and facilities for such THOSE purposes 3,866
when, in his judgment, it is for the best interest of the state 3,868
to do so. He shall
(C) THE ADJUTANT GENERAL MAY provide for the LEASING, 3,871
management, care, and maintenance of such THOSE grounds, 3,872
armories, airfields, buildings, and OTHER facilities and may 3,873
prescribe such ANY rules for the management, government, and 3,875
guidance of the organizations and units occupying them as THAT 3,876
are necessary and desirable. When promulgating such THOSE rules, 3,878
the adjutant general need not comply with Chapter 111. OR 119. of 3,879
the Revised Code.
Sec. 5911.03. (A) The adjutant general may receive gifts 3,889
of land, money, or other property for the purpose of aiding in 3,890
the acquisition of grounds and airfields, or the purchase, 3,892
building, furnishing, or maintaining of an armory, building 3,893
AIRFIELD, or other facility for military purposes. All 3,894
(B) ALL lands so acquired UNDER THIS SECTION shall be 3,897
deeded to the state, and all property received under this section 3,898
from any source shall become the property of this state, EXCEPT 3,899
AS MAY BE PROVIDED IN AN AGREEMENT BY WHICH THE UNITED STATES 3,900
CONTRIBUTES TO THE COST OF ACQUIRING, DESIGNING, OR CONSTRUCTING 3,901
THE GROUNDS, ARMORY, AIRFIELD, OR OTHER FACILITY USED FOR 3,902
DEVELOPING, TRAINING, AND OPERATING UNITS OF THE NATIONAL GUARD. 3,903
Sec. 5911.04 The adjutant general shall be governed in the 3,913
construction of armories, other buildings, facilities, and 3,914
airfields for military purposes by sections 153.01 to 153.20 and 3,916
153.50 to 153.60 of the Revised Code.
Sec. 5911.08. The (A) EXCEPT AS ALLOWED UNDER A PERMIT 3,926
ISSUED UNDER CHAPTER 4303. OF THE REVISED CODE, THE sale of BEER 3,928
OR intoxicating liquor in an armory, building, airfield, or other 3,930
facility used for training and for the safekeeping of arms,
clothing, equipment, and other military property belonging to the 3,931
Ohio national guard, the Ohio military reserve, or the Ohio naval 3,932
ORGANIZED militia provided for by section 5911.011 of the Revised 3,934
91
Code is prohibited and any.
(B) ANY person guilty of violating such prohibition 3,938
DIVISION (A) OF THIS SECTION shall be punished as a court-martial 3,939
directs PROVIDED IN CHAPTER 4303. OF THE REVISED CODE. 3,940
Sec. 5913.01. (A) The adjutant general shall be chief of 3,950
staff to IS the commander in chief and administrative head of the 3,952
OHIO organized militia. He THE ADJUTANT GENERAL shall be: 3,954
(1) BE provided offices in Columbus and SHALL keep them 3,956
open during usual business hours. He shall have; 3,958
(2) HAVE AND MAINTAIN custody of all military records, 3,960
correspondence, and other military documents. He shall 3,962
superintend OF THE OHIO ORGANIZED MILITIA; 3,963
(3) SUPERINTEND the preparation of all returns and reports 3,965
required by the United States from the state on military matters. 3,966
He shall keep; 3,967
(4) KEEP a roster of all officers of the military forces 3,969
of the state OHIO ORGANIZED MILITIA, including retired officers. 3,971
He shall, whenever;
(5) WHENEVER necessary, cause the military code, 3,973
PROVISIONS OF THE REVISED CODE AND THE orders, REGULATIONS, 3,975
PAMPHLETS, circulars, and memorandums of the adjutant general's 3,976
department to be printed and distributed to the commissioned 3,977
officers and organizations of the OHIO organized militia. He 3,980
shall prepare;
(6) PREPARE and issue all necessary books, blanks, and 3,983
notices. He shall OHIO ORGANIZED MILITIA FORMS AND attest TO all 3,986
commissions issued to military officers . He shall have OF THE 3,987
OHIO ORGANIZED MILITIA;
(7) HAVE a seal, and all copies of orders, records, and 3,989
papers in his THE ADJUTANT GENERAL'S office certified and 3,991
authenticated under said WITH THAT seal shall be COMPETENT 3,992
evidence in like manner as if the originals were produced. All 3,993
orders issued from his THE ADJUTANT GENERAL'S office shall be 3,994
authenticated with said BEAR A DUPLICATE OF THE seal. 3,995
92
He shall keep (8) KEEP and preserve the arms, ordnance, 3,998
equipment, and all other military property belonging to the state 3,999
or issued to the state by the federal government and he shall 4,000
make and issue such ANY regulations as are necessary to keep, 4,002
preserve, and repair such THE property as in his opinion 4,003
conditions demand. He shall issue such military;
(9) ISSUE ADJUTANT GENERAL'S property to the units of the 4,005
OHIO organized militia as the necessity of the service OR 4,008
ORGANIZATIONAL OR ALLOWANCE TABLES requires. He shall submit; 4,010
(10) SUBMIT an annual report to the governor at such time 4,012
as the governor requires of the transaction of his THE ADJUTANT 4,014
GENERAL'S department, setting forth the strength and condition of 4,015
the OHIO organized militia and such other matters as he deems 4,017
important. He THAT THE ADJUTANT GENERAL CHOOSES; 4,018
(11) COMMAND THE STATE AREA COMMAND OF THE OHIO NATIONAL 4,020
GUARD.
(B) THE ADJUTANT GENERAL shall issue and distribute all 4,023
orders ISSUED IN THE NAME of THE GOVERNOR AS the commander in 4,024
chief OF THE OHIO ORGANIZED MILITIA and perform such THE duties 4,026
as THAT the commander in chief GOVERNOR directs and such other 4,027
duties as are prescribed by law. 4,028
(C) THE ADJUTANT GENERAL MAY ENTER INTO COOPERATIVE 4,030
AGREEMENTS, CONTRACTUAL ARRANGEMENTS, OR AGREEMENTS FOR THE 4,031
ACCEPTANCE OF GRANTS WITH THE UNITED STATES OR ANY AGENCY OR 4,032
DEPARTMENT OF THE UNITED STATES, OTHER STATES, ANY DEPARTMENT OR 4,033
POLITICAL SUBDIVISION OF THIS STATE, OR ANY PERSON OR BODY 4,034
POLITIC, TO ACCOMPLISH THE PURPOSES OF THE ADJUTANT GENERAL'S 4,035
DEPARTMENT. THE ADJUTANT GENERAL SHALL COOPERATE WITH, AND NOT 4,036
INFRINGE UPON, THE RIGHTS OF OTHER STATE DEPARTMENTS, DIVISIONS, 4,037
BOARDS, COMMISSIONS, AND AGENCIES, POLITICAL SUBDIVISIONS, AND
OTHER PUBLIC OFFICIALS AND PUBLIC AND PRIVATE AGENCIES WHEN THE 4,039
INTERESTS OF THE ADJUTANT GENERAL'S DEPARTMENT AND THOSE OTHER 4,040
ENTITIES OVERLAP.
THE FUNDS MADE AVAILABLE BY THE UNITED STATES FOR THE 4,042
93
EXCLUSIVE USE OF THE DEPARTMENT SHALL BE EXPENDED ONLY BY THE 4,043
DEPARTMENT AND ONLY FOR THE PURPOSES FOR WHICH THE FEDERAL FUNDS 4,044
WERE APPROPRIATED. IN ACCEPTING FEDERAL FUNDS, THE DEPARTMENT 4,045
AGREES TO ABIDE BY THE TERMS AND CONDITIONS OF THE GRANT OR 4,046
COOPERATIVE AGREEMENT AND FURTHER AGREES TO EXPEND THE FEDERAL 4,047
FUNDS IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE UNITED 4,048
STATES.
Sec. 5913.02. (A) The military staff of the governor 4,057
shall MAY consist of an ANY OF THE FOLLOWING: 4,058
(1) AN adjutant general of IN the grade of major general, 4,061
upon whom WHO shall devolve PERFORM the duties of quartermaster 4,064
general; an
(2) AN assistant adjutant general for army of IN the grade 4,067
of brigadier MAJOR general; an
(3) AN assistant adjutant general for air of IN the grade 4,071
of brigadier MAJOR general; an
(4) AN assistant quartermaster general of IN the grade of 4,074
colonel; all of whom OR ANY RETIRED OFFICER WHO HAS APPROPRIATE 4,075
QUALIFICATIONS FOR THE POSITION, AS DETERMINED BY THE ADJUTANT
GENERAL AND THE GOVERNOR. 4,076
ALL PERSONS NAMED IN DIVISIONS (A)(1) TO (4) OF THIS 4,078
SECTION shall be appointed by the governor and shall hold office 4,079
during his THE GOVERNOR'S pleasure. The 4,081
(B) THE governor's military staff ALSO shall also include 4,084
four aides-de-camp, who shall be appointed by the governor and 4,086
hold office during his THE GOVERNOR'S pleasure. 4,087
Sec. 5913.021. (A) The adjutant general at the time of 4,097
appointment shall be a federally recognized officer of IN the 4,098
Ohio national guard of IN the grade of colonel or above, the. 4,100
(B) THE assistant adjutant general for army at the time of 4,102
appointment shall be a federally recognized officer of IN the 4,104
Ohio army national guard of IN the grade of lieutenant colonel or 4,105
above, the. 4,106
(C) THE assistant adjutant general for air at the time of 4,109
94
appointment shall be A federally recognized rated officer of IN 4,110
the Ohio air national guard of IN the grade of lieutenant colonel 4,111
or above, and the. 4,112
(D) THE assistant quartermaster general at the time of 4,115
appointment shall be a federally recognized officer of IN the 4,116
Ohio ARMY national guard of IN the grade of major LIEUTENANT 4,117
COLONEL or above, OR ANY RETIRED OFFICER WHO HAS APPROPRIATE 4,118
QUALIFICATIONS FOR THE POSITION, AS DETERMINED BY THE ADJUTANT 4,119
GENERAL AND THE GOVERNOR. The 4,120
(E) THE adjutant general, the assistant adjutant general 4,123
for the army, the assistant adjutant general for air, and the 4,124
assistant quartermaster general at the time of appointment shall 4,125
each have not less than ten years' commissioned service in the 4,126
armed forces of the United States, not less than five years of 4,127
such THAT service being in the Ohio national guard, and shall at 4,128
all times during their tenure of office be federally recognized 4,129
officers of the Ohio national guard.
(F) The provisions of this section relative to federal 4,131
recognition shall be suspended during any period of emergency 4,132
when the majority of the units of the Ohio national guard are in 4,133
the federal service, in which. IN THAT event, retired officers 4,136
of the Ohio national guard shall be eligible to serve as adjutant
general, assistant adjutant general for army, assistant adjutant 4,138
general for air, and assistant quartermaster general for the 4,139
duration of such emergency or until a majority of the units of 4,140
the Ohio national guard are released from federal service. 4,141
Sec. 5913.03. The adjutant general shall give bond in the 4,151
sum of thirty thousand dollars to the state conditioned upon the 4,152
faithful performance of his THE ADJUTANT GENERAL'S OFFICIAL 4,153
duties; the assistant adjutant general for army and the assistant 4,154
adjutant general for air shall give like bonds BOND in the sum of 4,155
ten thousand dollars; and the assistant quartermaster general 4,156
shall give a like bond in the sum of twenty thousand dollars. If 4,158
a surety bond is given, the premiums shall be paid out of funds 4,160
95
appropriated therefor FOR THE SURETY BOND. Said THESE bonds 4,161
shall be filed in the office of the secretary of state. All 4,162
other bonds given by the various officers of the OHIO organized 4,163
militia shall be filed and recorded in the office of the adjutant 4,165
general.
Sec. 5913.04. The GOVERNOR'S aides-de-camp shall be 4,174
detailed from the commissioned officers of the Ohio national 4,176
guard in active service from those of a grade below that of 4,177
colonel. Such THIS detail shall not add to the grade of the 4,179
officer so appointed. The officers detailed as aides-de-camp
shall not be relieved from duty with their respective 4,180
organizations, but shall perform all duties pertaining thereto, 4,181
except when on duty as aides-de-camp under orders of the governor 4,182
AS AN EXCEPTION TO THEIR USUAL DUTIES. 4,183
Sec. 5913.05. (A) The assistant adjutants general shall 4,193
serve in the office of the adjutant general, and aid him THE 4,195
ADJUTANT GENERAL by performing such THE duties as THAT the 4,197
adjutant general assigns them. In 4,199
(B) IN the absence or disability of the adjutant general, 4,201
the senior assistant adjutant general shall perform the duties of 4,203
the adjutant general. In 4,204
(C) IN the absence or disability of the adjutant general 4,206
and the senior assistant adjutant general, the junior assistant 4,207
adjutant general shall perform the duties of the adjutant 4,208
general.
Sec. 5913.051. To supplement the military staff of the 4,218
governor, the adjutant general shall MAY appoint an assistant to 4,219
the state area commander for readiness and training for army. 4,220
This assistant shall be a brigadier general and shall serve in 4,221
the office of AID the adjutant general and aid him and the state 4,222
area commander by performing such duties as THAT the adjutant 4,225
general assigns in the areas of readiness, training, and 4,226
mobilization. This assistant shall not be a full-time state 4,227
employee, but shall serve in his THAT capacity only during 4,228
96
federally recognized training, special duty periods, or 4,230
mobilization periods, and shall at the time of his appointment be 4,231
of IN the rank of colonel or above but otherwise meet the 4,233
qualifications established in section 5913.021 of the Revised 4,234
Code.
Sec. 5913.06. (A) The assistant quartermaster general, 4,244
under direction of the adjutant general as quartermaster general, 4,245
shall have charge of all STATE military property AND PROPERTY OF 4,246
THE ADJUTANT GENERAL'S DEPARTMENT belonging to the state. The 4,247
(B) THE assistant quartermaster general shall keep an 4,249
accurate account thereof OF STATE MILITARY PROPERTY AND PROPERTY 4,252
OF THE ADJUTANT GENERAL'S DEPARTMENT and shall make such returns 4,253
and PREPARE reports as the adjutant general directs. He 4,254
(C) THE ASSISTANT QUARTERMASTER GENERAL shall perform such 4,257
other duties as are assigned to him by the adjutant general. In 4,258
(D) IN the absence or disability of the adjutant general, 4,262
and the assistant adjutants general, the assistant quartermaster 4,263
general shall perform the duties of the adjutant general. 4,264
Sec. 5913.07. (A) Any person who has served as a member 4,274
of the OHIO organized militia of Ohio or of the armed forces of 4,277
the United States, or both, for a period of three TWENTY years, 4,278
one year EIGHT YEARS of which has HAVE been served as a 4,279
commissioned officer of the Ohio state guard, the Ohio state
naval ORGANIZED militia, or the Ohio military reserve may, at his 4,281
own THE PERSON'S request and upon approval of the adjutant 4,282
general, MAY be placed upon the reserve RETIRED list, which shall 4,283
be kept in the office of the adjutant general. Such 4,284
(B) RETIRED officers shall receive no compensation FROM 4,286
THE STATE for their services except as provided in this section, 4,289
but shall be permitted MAY on all occasions of ceremony to wear 4,290
the uniform of their rank. The commander in chief 4,291
(C) THE ADJUTANT GENERAL may assign or detail such RETIRED 4,294
officers upon duty and when so assigned or detailed, they shall
receive the same pay and allowances as officers on the active 4,295
97
list of the ELEMENT OF THE OHIO organized militia assigned, 4,296
detailed, or employed under like condition. 4,297
Sec. 5913.08. The adjutant general shall have HAS general 4,307
direction over the state arsenal, state camp grounds, and other 4,309
military AND OTHER ADJUTANT GENERAL'S DEPARTMENT property of 4,310
BELONGING TO the state. He shall THE ADJUTANT GENERAL MAY employ 4,311
such labor thereat EMPLOYEES as the governor deems the 4,312
necessities and best interests of the state require NECESSARY TO 4,314
CARRY OUT THE DUTIES OF THE ADJUTANT GENERAL'S DEPARTMENT. 4,315
Sec. 5913.09. (A) The adjutant general shall be IS the 4,327
custodian of all military AND OTHER ADJUTANT GENERAL'S DEPARTMENT
property, both real and personal, belonging to the state. 4,328
He (B) THE ADJUTANT GENERAL may make such changes and 4,332
improvements in such TO MILITARY AND OTHER ADJUTANT GENERAL'S
DEPARTMENT property as the needs of the state AND FEDERAL 4,335
GOVERNMENT and the exigencies of the service require. All 4,337
improvements made upon such THAT property belonging to the state, 4,339
from moneys received either all or in part from the state OR 4,340
FEDERAL GOVERNMENT, OR BOTH, become the property of the state, 4,341
EXCEPT AS MAY BE PROVIDED IN AN AGREEMENT AND CORRESPONDING 4,342
REGULATIONS BY WHICH THE UNITED STATES CONTRIBUTES TO THE COST OF 4,344
AN IMPROVEMENT. The
(C)(1) IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW 4,346
AND REGULATIONS, THE adjutant general may, with the approval of 4,348
the governor, MAY ACQUIRE BY PURCHASE lease, license, or rent 4,349
military OTHERWISE, REAL AND PERSONAL property of NECESSARY FOR 4,351
the state upon such terms and under such conditions as PURPOSES 4,353
OF the adjutant general considers appropriate and proper 4,355
DEPARTMENT. Except
(2) IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW 4,357
AND REGULATIONS, THE ADJUTANT GENERAL, WITH THE APPROVAL OF THE 4,358
ATTORNEY GENERAL, MAY ENTER INTO CONTRACTS FOR THE CONSTRUCTION, 4,359
REPAIR, RENOVATION, MAINTENANCE, AND OPERATION OF MILITARY OR 4,361
OTHER ADJUTANT GENERAL'S DEPARTMENT PROPERTY.
98
(3) IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW 4,363
AND REGULATIONS, THE ADJUTANT GENERAL, WITH THE APPROVAL OF THE 4,364
GOVERNOR, MAY LEASE OR EXCHANGE ALL OR PART OF ANY MILITARY OR 4,365
OTHER ADJUTANT GENERAL'S DEPARTMENT PROPERTY OR GRANT EASEMENTS 4,366
OR LICENSES, IF THE LEASE, EXCHANGE, EASEMENT, OR LICENSE IS
ADVANTAGEOUS TO THE STATE. 4,367
(4) ALL REAL PROPERTY OF THE ADJUTANT GENERAL'S DEPARTMENT 4,369
SHALL BE SOLD IN ACCORDANCE WITH SECTION 5911.10 OF THE REVISED 4,371
CODE.
(D) EXCEPT as otherwise provided in this section, all 4,373
receipts INCOME from any military OR OTHER ADJUTANT GENERAL'S 4,374
DEPARTMENT property of the state, not made a portion of the 4,376
company, troop, battery, DETACHMENT, SQUADRON, or other 4,377
organization funds by regulations, shall be credited to the funds
for the OPERATION AND maintenance of the Ohio national guard, 4,379
Ohio naval ORGANIZED militia, or the Ohio military reserve, as 4,380
the adjutant general directs, IN ACCORDANCE WITH APPLICABLE STATE 4,381
AND FEDERAL LAW AND REGULATIONS AND THE AGREEMENTS BY WHICH THE 4,382
UNITED STATES CONTRIBUTES TO THE COST OF OPERATION AND 4,383
MAINTENANCE OF THE OHIO NATIONAL GUARD. All income received from 4,385
seasonal rental units and recreational facilities at Camp Perry 4,386
shall be paid into the state treasury to the credit of the Camp 4,387
Perry clubhouse and rental activities fund, which is hereby 4,388
created.
Sec. 5913.10. (A) The adjutant general may prescribe and 4,398
enforce rules and police regulations for the range and ground 4,399
PROPERTY referred to in section 5913.09 of the Revised Code, as 4,400
he THE ADJUTANT GENERAL deems necessary for protection and 4,402
safety.
(B) IN PRESCRIBING REGULATIONS UNDER DIVISION (A) OF THIS 4,405
SECTION, THE ADJUTANT GENERAL NEED NOT COMPLY WITH CHAPTER 111.
OR 119. OF THE REVISED CODE. 4,406
Sec. 5913.17. No person shall enter an encampment of the 4,416
OHIO organized militia, or a camp or cantonment of any military 4,418
99
organization of the United States, when forbidden to do so, or, 4,419
having been permitted to enter therein THE ENCAMPMENT, shall 4,420
conduct himself BEHAVE in a disorderly manner or shall resist a 4,422
sentry or guard acting under orders to prevent such THAT entry or 4,423
disorderly conduct.
Sec. 5919.01. (A) The Ohio national guard shall consist 4,434
CONSISTS of such THOSE organizations and units as THAT are, under 4,436
the laws of the United States and the regulations promulgated in 4,437
pursuance thereof UNDER THEM, prescribed as the portion of the 4,438
ARMY OR AIR national guard of the United States apportioned 4,439
LOCATED and assigned to ORGANIZED WITHIN this state in accordance 4,440
with troop basis ACCORDING TO THE LOCATIONS, BRANCHES, 4,441
ORGANIZATIONS, AND ALLOTMENTS approved by the governor of Ohio 4,442
THIS STATE.
(B) The organizations and units of the Ohio national guard 4,444
shall conform to and be organized in accordance with ACCORDING TO 4,446
the ORGANIZATIONAL OR ALLOWANCE tables of organizations as 4,447
prescribed by the department of defense THE ARMY OR AIR FORCE AND 4,449
BY THE NATIONAL GUARD BUREAU for the national guard. In case of 4,450
an emergency or imminent danger thereof OF AN EMERGENCY, the 4,451
governor, as commander in chief, may increase the organized 4,452
military forces of the state in accordance with SIZE OF THE OHIO 4,453
NATIONAL GUARD ACCORDING TO the existing rules and regulations 4,455
governing the armed forces of the United States, as the exigency 4,456
of the occasion requires; and such. ANY organization and 4,457
increase may be made either pursuant to, or in advance of, any 4,459
call or order made by the president of the United States. 4,460
Sec. 5919.02. (A) All commissioned AND WARRANT officers of 4,471
the Ohio national guard shall be appointed by the governor as
commander in chief, upon the recommendation of the commanding 4,473
officers of the organizations to which such officers are to be 4,474
assigned for duty, and SHALL be commissioned OR WARRANTED 4,476
according to grade in UNDER the REGULATIONS OF THE department, 4,477
corps, arm, or service in which they are appointed OF THE ARMY OR 4,478
100
AIR FORCE AND THE NATIONAL GUARD BUREAU. No 4,479
(B) NO officer shall be commissioned OR WARRANTED until he 4,482
THE OFFICER has successfully passed tests as to his physical, 4,484
moral, and professional fitness as prescribed by REGULATIONS
PROMULGATED UNDER federal law for federal recognition as an A 4,485
COMMISSIONED OR WARRANT officer. 4,486
(C) General officers of the line shall be appointed from 4,489
the federally recognized eligible commissioned officers of the
ARMY OR AIR national guard of this state OR OF ANOTHER COMPONENT 4,490
OF THE ARMED FORCES OF THE UNITED STATES, who shall have served 4,492
at least fifteen years as a commissioned officer in the ARMY OR 4,493
AIR national guard or in another component of the armed forces of 4,494
the United States, or both. At least ten years of such service 4,495
shall have been with troops.
Sec. 5919.04. (A) The governor ADJUTANT GENERAL may issue 4,506
such regulations AND OTHER PUBLICATIONS governing the appointment 4,507
of officers in the Ohio national guard and such ALL other matters 4,508
pertaining to the Ohio national guard as are necessary to conform 4,509
to the requirements made OR AUTHORIZED by congress for 4,510
participation in federal appropriations for the national guard. 4,511
(B) IN ISSUING REGULATIONS AND OTHER PUBLICATIONS UNDER 4,513
DIVISION (A) OF THIS SECTION, THE ADJUTANT GENERAL NEED NOT 4,514
COMPLY WITH CHAPTER 111. OR 119. OF THE REVISED CODE. 4,515
Sec. 5919.071. Any person, commissioned or warranted as an 4,525
officer in the Ohio national guard, shall hold his THE commission 4,526
or warrant during the period of his THE PERSON'S federal 4,527
recognition. The termination or withdrawal by the department of 4,528
defense THE ARMY OR AIR FORCE of the federal recognition of any 4,530
commissioned or warrant officer IN THE ARMY OR AIR NATIONAL GUARD 4,531
OF THE UNITED STATES shall terminate his THE PERSON'S commission 4,533
OR WARRANT in the Ohio national guard.
Sec. 5919.09. Original enlistments ENLISTMENTS in the Ohio 4,543
national guard and all subsequent enlistments shall be for the 4,544
period prescribed by act of congress AND PUBLICATIONS OF THE 4,545
101
DEPARTMENT OF THE ARMY OR AIR FORCE AND NATIONAL GUARD BUREAU. 4,546
Sec. 5919.12. An A COMMISSIONED OR WARRANT officer of the 4,555
Ohio national guard may be honorably discharged by the GOVERNOR 4,556
AS commander in chief upon tender of his THE OFFICER'S 4,558
resignation, in conformity with the requirements of the 4,559
department of defense THE ARMY OR AIR FORCE AND THE NATIONAL 4,560
GUARD BUREAU, provided he BUT THE OFFICER shall not be discharged 4,561
until he THE OFFICER has accounted for all state and United 4,562
States property and all public moneys for which he THE OFFICER is 4,563
responsible. 4,564
Sec. 5919.13. (A) Any commissioned OR WARRANT officer who 4,575
has served as a member of the Ohio national guard for a period of 4,576
ten TWENTY years, five EIGHT of which have been as a commissioned 4,578
OR WARRANT officer, may at his own THE OFFICER'S request, and 4,579
shall upon termination of his THE OFFICER'S federal recognition, 4,580
be placed upon the retired list, which shall be kept in the 4,581
office of the adjutant general. Officer so retired 4,582
(B) RETIRED OFFICERS shall receive no compensation FROM 4,585
THE STATE for their services except as provided in this section, 4,586
but shall be permitted MAY on all occasions of ceremony to wear 4,587
the uniform of the grade upon which retired THEIR RANK. The 4,588
commander in chief
(C) THE ADJUTANT GENERAL may detail officers so A retired 4,591
upon OFFICER TO duty other than in the command of troops, and 4,592
when so detailed, they CONSISTENT WITH FEDERAL PUBLICATIONS. A 4,593
RETIRED OFFICER THEN shall receive like pay and allowances as 4,594
officers on the active list detailed or employed under like 4,595
conditions PRESCRIBED UNDER THE DEPARTMENT OF DEFENSE PAY MANUAL. 4,596
Sec. 5919.14. (A) At any time the moral character, 4,606
capacity, and general fitness for services, SERVICE of any Ohio 4,608
national guard officer may be determined by an efficiency A board 4,609
of three commissioned officers, appointed by the governor, who 4,610
shall be senior in rank, if practicable, to the officer whose 4,612
fitness for service is under investigation, and if the finding of 4,613
102
such board is unfavorable to such officer and is approved by the 4,614
governor, he the officer shall be discharged WHICH SHALL BE 4,615
CONVENED AND PROCEED ACCORDING TO PUBLICATIONS OF THE DEPARTMENT 4,616
OF THE ARMY OR AIR FORCE AND THE NATIONAL GUARD BUREAU.
(B) A BOARD OF OFFICERS CONVENED UNDER DIVISION (A) OF 4,618
THIS SECTION IS NOT A PUBLIC BODY SUBJECT TO SECTION 121.22 OF 4,619
THE REVISED CODE. 4,620
Sec. 5919.15. There shall be organized a national guard 4,629
reserve which shall consist of such organizations, officers, and 4,631
enlisted man, as the president of the United States prescribes. 4,632
Officers COMMISSIONED OFFICERS, WARRANT OFFICERS, and enlisted 4,633
men PERSONNEL of the Ohio national guard may be transferred to 4,634
the INACTIVE national guard reserve under such regulations as 4,635
THAT the president NATIONAL GUARD BUREAU prescribes. 4,638
Sec. 5919.16. Commissions of (A) COMMISSIONED AND WARRANT 4,649
officers of IN the Ohio national guard shall be vacated 4,650
DISCHARGED by THE ADJUTANT GENERAL UPON EITHER OF THE FOLLOWING: 4,651
(1) THE OFFICER'S resignation, by termination; 4,653
(2) APPROVAL OF A BOARD'S RECOMMENDATION FOR WITHDRAWAL of 4,655
federal recognition by the department of defense, absence CHIEF 4,657
OF THE NATIONAL GUARD BUREAU.
(B) AN OFFICER ALSO MAY BE DISCHARGED UNDER ANY OF THE 4,659
FOLLOWING CIRCUMSTANCES: 4,660
(1) PURSUANT TO OTHER FEDERAL REGULATIONS; 4,662
(2) IF ABSENT without leave for three months, upon 4,664
recommendation of an efficiency board, pursuant; 4,665
(3) PURSUANT to sentence by court-martial, or if such; 4,669
(4) IF THE officer has been convicted of an infamous A 4,671
crime CLASSIFIED AS A FELONY AS DESCRIBED IN DIVISION (D) OR (E) 4,673
OF SECTION 2901.02 OF THE REVISED CODE.
Sec. 5919.17. (A) An enlisted man PERSON discharged from 4,685
service in the Ohio national guard shall receive a discharge, in 4,686
writing, in such THE form and with such classification as is THE 4,687
CHARACTERIZATION prescribed for BY the regular army OR AIR FORCE. 4,688
103
In time of peace, discharges may be given prior to BEFORE the 4,690
expiration of terms of enlistment, under prescribed regulations, 4,691
subject to the ANY restrictions of the national defense act 4,692
CONTAINED IN PUBLICATIONS OF THE DEPARTMENT OF THE ARMY OR AIR 4,693
FORCE AND THE NATIONAL GUARD BUREAU. 4,694
(B) On termination of an emergency in which the officers 4,696
and enlisted men PERSONNEL of the Ohio national guard have been 4,697
called or drafted ORDERED into federal service by the president 4,699
of the United States, in accordance with ACCORDING TO the laws of 4,701
the United States, such called or drafted officers and enlisted
men THOSE PERSONS shall continue to serve in the Ohio national 4,703
guard until the dates upon which their commissions or enlistments 4,704
SERVICE OBLIGATIONS entered into prior to BEFORE the call or 4,705
draft ORDER into the federal service would have expired if 4,706
uninterrupted.
Sec. 5919.22. No officer or enlisted man PERSON may be 4,716
discharged from the Ohio national guard except as provided in 4,718
section 5919.01 to 5919.25, inclusive, of the Revised Code; nor 4,720
shall any officer be demoted for any cause except upon his 4,721
written consent; nor shall the enlistment of any eligible citizen 4,722
or alien who has declared his intention to become a citizen be 4,723
denied, except as provided in such sections BY PUBLICATIONS OF 4,724
THE DEPARTMENT OF THE ARMY OR AIR FORCE AND THE NATIONAL GUARD 4,725
BUREAU.
Sec. 5919.25. The Ohio national guard shall, as far as 4,735
practicable, SHALL be uniformed, armed, and equipped with the 4,737
same type of uniforms, arms, and equipment as is provided for the 4,738
armed forces of the United States AIR FORCE OR ARMY. 4,739
Sec. 5919.28. The system of tactics, field exercises, and 4,749
training for the armed forces of the United States ARMY OR AIR 4,750
FORCE shall be the system of tactics, field exercises, and 4,752
training for the Ohio national guard.
Sec. 5919.29. (A) The governor as commander in chief may 4,763
order individuals and units of the Ohio national guard to perform 4,765
104
any training or duty authorized under the "Act of August 10, 4,766
1956," 70A Stat. 596, 32 U.S.C.A. 101-716 101 TO 716, and under 4,768
regulations prescribed by the president of the United States, the 4,770
secretary of defense, the secretary of the army, the secretary of 4,771
the air force, or the chief of the national guard bureau. 4,772
(B) When ordered by the governor to perform training or 4,774
duty under this section or section 5923.12 of the Revised Code, 4,776
members of the Ohio national guard shall have the protections 4,777
afforded to persons on federal active duty by "The Soldiers and 4,778
Sailors Civil Relief Act of 1940," 54 Stat. 1178, 50 App. 4,780
U.S.C.A. 501-548 and 560-591, AND BY THE "UNIFORMED SERVICES 4,782
EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 4,783
38 U.S.C.A. 4301 TO 4333. 4,784
Sec. 5919.30. There shall be an annual inspection (A) 4,794
INSPECTION of each organization and unit UNITS OF THE OHIO 4,796
NATIONAL GUARD SHALL BE CONDUCTED under such rules and 4,797
regulations as are prescribed under the National Defense Act by 4,798
the president of the United States or secretary of defense THE 4,799
ARMY OR SECRETARY OF THE AIR FORCE AND THE CHIEF OF THE NATIONAL 4,800
GUARD BUREAU. The 4,802
(B) THE adjutant general or an officer acting under his 4,805
THE ADJUTANT GENERAL'S authority may make such other inspections 4,806
as are considered necessary by the adjutant general.
Sec. 5919.32. While one duty under the authority of the 4,816
department of defense of the United States, and in going to and 4,817
returning therefrom, officers and enlisted men of the Ohio 4,819
national guard shall receive such pay and allowances as are 4,821
allowed by the department of defense. For attendance at armory
drill SATISFACTORILY PERFORMING INACTIVE DUTY FOR TRAINING, 4,822
ANNUAL TRAINING, AND ACTIVE DUTY FOR SPECIAL WORK, officers and 4,823
enlisted men PERSONNEL of the Ohio national guard shall receive 4,824
such pay and allowances as are FROM THE UNITED STATES authorized 4,826
and allowed by the department of defense PAY MANUAL, subject to 4,827
such rules and regulations as may be promulgated by UNDER it. 4,828
105
Sec. 5919.33. Upon certification of availability of funds 4,838
by the director of budget and management, the adjutant general 4,839
shall pay a death benefit of twenty thousand dollars from the 4,840
appropriations for operating expenses, to the beneficiary or 4,842
beneficiaries of any member of the Ohio national guard who dies
while performing state active duty under orders issued by 4,843
competent authority. Provided such THE ADJUTANT GENERAL ON 4,844
BEHALF OF THE GOVERNOR, IF THE beneficiary or beneficiaries has 4,845
or have been so designated in a written statement as prescribed 4,846
by the adjutant general.
Sec. 5919.35. (A) THE STOCKAGE, ACCOUNTABILITY, ISSUANCE, 4,848
AND DISPENSING OF ANY DRUG, AS DEFINED IN SECTION 4729.02 OF THE 4,849
REVISED CODE, THAT IS ISSUED TO ANY UNIT OR MEMBER OF THE OHIO 4,850
NATIONAL GUARD IS GOVERNED EXCLUSIVELY BY REGULATIONS OR OTHER 4,851
DIRECTIVES PRESCRIBED BY THE UNITED STATES ARMY OR AIR FORCE AND 4,852
THE NATIONAL GUARD BUREAU. OHIO NATIONAL GUARD UNITS AND 4,853
PERSONNEL ARE NOT SUBJECT TO CHAPTER 4729. OR 3715. OF THE 4,854
REVISED CODE OR OTHER STATUTES OR REGULATIONS IN CONFLICT WITH 4,855
MILITARY REGULATIONS OR OTHER DIRECTIVES WHEN ACTING IN 4,856
FURTHERANCE OF THEIR OFFICIAL DUTIES. 4,857
(B) THIS SECTION APPLIES DESPITE THE ORDER OF OHIO 4,859
NATIONAL GUARD UNITS OR PERSONNEL TO STATE ACTIVE DUTY UNDER 4,860
SECTION 5923.22 OF THE REVISED CODE OR THE FACT THAT ACCOUNTABLE 4,861
OFFICERS OR EMPLOYEES OF THE OHIO NATIONAL GUARD ARE EMPLOYED IN 4,862
A CIVILIAN STATUS. 4,863
Sec. 5920.10. Whenever the Ohio military reserve or any 4,872
part thereof is ordered out for active service by the governor, 4,873
the Ohio code of military justice shall be in full force in 4,874
respect to such forces. Every officer and enlisted man of such 4,876
forces shall, during his service therein, be exempt from service 4,877
upon any posse comitatus and from jury duty. 4,878
Sec. 5921.09. The Ohio naval militia shall be organized, 4,887
governed, drilled, and instructed in accordance with the 4,888
regulations and customs provided for the navy of the United 4,889
106
States, and Chapter 5924. of the Revised Code, together with the 4,891
orders of the governor. Every commissioned officer, warrant
officer, and enlisted member, when ordered out for active service 4,893
by the governor, shall during his service therein, be exempt from 4,894
service upon any posse comitatus and from jury duty. 4,895
Sec. 5923.01. (A) The OHIO ORGANIZED militia of the state 4,905
shall consist CONSISTS of all able-bodied citizens of the state 4,906
WHO ARE NOT PERMANENTLY HANDICAPPED, AS HANDICAPPED IS DEFINED IN 4,908
SECTION 4112.01 OF THE REVISED CODE, who are more than seventeen 4,909
years of age, and not more than sixty-seven years, of age except 4,910
UNLESS EXEMPTED as provided in section 5923.03 5923.02 of the 4,912
Revised Code. The militia shall be divided into four classes, 4,913
AND WHO ARE MEMBERS OF ONE OF THE FOLLOWING: 4,915
(A)(1) The Ohio national guard; 4,916
(B)(2) The Ohio naval militia; 4,918
(C)(3) The Ohio military reserve; 4,920
(D) The unorganized militia. 4,922
(B) The Ohio national guard, INCLUDING BOTH THE OHIO AIR 4,926
NATIONAL GUARD AND THE OHIO ARMY NATIONAL GUARD, the Ohio naval 4,927
militia, and the Ohio military reserve shall be ARE known 4,928
collectively as the OHIO organized militia.
"Military forces" includes the (C) THE Ohio national 4,931
guard, the Ohio naval militia, AND the Ohio military reserve, and 4,932
the unorganized militia. 4,933
"National Defense Act," means an act of congress, entitled 4,935
"An act for making further and more effectual provision for the 4,936
national defense and for other purposes," approved by the 4,937
president, June 3, 1916, and all acts amendatory thereof and 4,938
supplementary thereto ARE KNOWN COLLECTIVELY AS THE STATE DEFENSE 4,939
FORCES. 4,940
(D) THE UNORGANIZED MILITIA CONSISTS OF THOSE CITIZENS OF 4,942
THE STATE AS DESCRIBED IN DIVISION (A) OF THIS SECTION WHO ARE 4,943
NOT MEMBERS OF THE OHIO ORGANIZED MILITIA. 4,944
(E) No troops shall be maintained in time of peace other 4,946
107
than as authorized and prescribed under the "National Defense Act 4,947
ACT OF AUGUST 10, 1956," 70A STAT. 596, 32 U.S.C.A. 101 TO 716." 4,949
Such THIS limitation does not affect the right of the state to 4,950
the use of the ITS ORGANIZED militia within its borders in time 4,951
of peace as prescribed in BY the military laws of this state. 4,952
This section does not prevent the organization and maintenance of 4,954
police.
Sec. 5923.02. The (A) THE FOLLOWING PERSONS, IF SUBJECT 4,964
TO DUTY IN THE OHIO ORGANIZED MILITIA, MAY BE EXEMPTED BY THE 4,966
ADJUTANT GENERAL FROM DUTY ON REQUEST: 4,967
(1) THE VICE-PRESIDENT OF THE UNITED STATES; 4,969
(2) THE officers, judicial and executive, of the 4,972
departments of the state and of the United States, and the
members of the general assembly, without regard to age, shall be 4,973
exempt from duty in the Ohio militia, and all persons who; 4,974
(3) MEMBERS OF THE ARMED FORCES OF THE UNITED STATES OR 4,976
THEIR RESERVE COMPONENTS; 4,977
(4) CUSTOMHOUSE CLERKS; 4,979
(5) EMPLOYEES OF THE UNITED STATES POSTAL SERVICE; 4,981
(6) WORKERS EMPLOYED IN ARMORIES, ARSENALS, OR NAVAL 4,983
SHIPYARDS OF THE UNITED STATES; 4,984
(7) PILOTS ON THE NAVIGABLE WATERS OF THE UNITED STATES; 4,986
(8) MARINERS LICENSED BY THE UNITED STATES. 4,988
(B) ANY PERSON because of religious belief OR OTHER MORAL 4,990
CONVICTION HELD AS A MATTER OF CONSCIENCE MAY claim exemption 4,991
from military OHIO ORGANIZED MILITIA service, when the 4,992
conscientious holding of such belief by such person is 4,993
established under such regulations as the governor prescribes, 4,994
shall be exempted from military service in a combatant capacity; 4,995
but no person so exempted shall be exempt from military service 4,996
in any capacity that the governor declares to be noncombatant. 4,997
Sec. 5923.03. (A) The Ohio national guard and the Ohio 5,007
naval militia shall consist CONSISTS of the MEMBERS OF THE OHIO 5,009
ORGANIZED militia regularly WHO ARE enlisted therein, transferred 5,010
108
or assigned thereto under the laws and regulations of the United 5,011
States, and of the officers and warrant officers regularly 5,012
commissioned and, OR warranted therein or assigned thereto, IN 5,014
THE OHIO NATIONAL GUARD, ALL as shall be prescribed by 5,015
PUBLICATIONS OF the department of defense THE ARMY OR AIR FORCE 5,016
AND THE NATIONAL GUARD BUREAU for the national guard and the 5,017
naval militia AS PRESCRIBED BY CHAPTER 5919. OF THE REVISED CODE. 5,018
The
(B) THE Ohio military reserve shall consist CONSISTS of 5,021
the MEMBERS OF THE OHIO ORGANIZED militia who are more than 5,022
seventeen years of age and regularly enlisted therein, and of 5,023
officers between the ages of eighteen and sixty-seven years
regularly, commissioned therein or assigned thereto, OR WARRANTED 5,025
IN THE OHIO MILITARY RESERVE AS PRESCRIBED BY CHAPTER 5920. OF 5,027
REVISED CODE.
(C) THE OHIO NAVAL MILITIA CONSISTS OF THE MEMBERS OF THE 5,030
OHIO ORGANIZED MILITIA WHO ARE ENLISTED, COMMISSIONED, OR
WARRANTED IN THE OHIO NAVAL MILITIA AS PRESCRIBED BY CHAPTER 5,031
5921. OF THE REVISED CODE. 5,032
Sec. 5923.05. (A)(1) Permanent public employees, as 5,041
defined in section 5903.01 of the Revised Code, who are members 5,042
of the Ohio national guard, the Ohio military reserve, the Ohio 5,043
naval ORGANIZED militia, or members of other reserve components 5,044
of the armed forces of the United States, INCLUDING THE OHIO 5,045
NATIONAL GUARD, are entitled to leave of absence from their 5,046
respective duties POSITIONS without loss of pay for such THE time 5,048
as they are performing military duty SERVICE IN THE UNIFORMED 5,049
SERVICES, as defined in section 5903.01 of the Revised Code for 5,051
periods not to exceed twenty-two eight-hour work days or one 5,052
hundred seventy-six hours in any one calendar year OF UP TO ONE 5,053
MONTH, for each calendar year in which military duty is performed 5,054
THEY ARE PERFORMING SERVICE IN THE UNIFORMED SERVICES. 5,055
(2) As used in this section, "calendar year" means the 5,057
year beginning on the first day of January and ending on the last 5,058
109
day of December, AND "MONTH" MEANS TWENTY-TWO EIGHT-HOUR WORK 5,059
DAYS OR ONE HUNDRED SEVENTY-SIX HOURS WITHIN ONE CALENDAR YEAR. 5,061
(B) Except as otherwise provided in division (C) of this 5,063
section, any permanent public employee who is entitled to the 5,064
leave provided under division (A) of this section and who is 5,065
called OR ORDERED to military duty THE UNIFORMED SERVICES for a 5,068
period in excess of twenty-two eight-hour work days or one
hundred seventy-six hours in any one calendar year LONGER THAN A 5,069
MONTH, for each calendar year in which military duty is THE 5,071
EMPLOYEE performed SERVICE IN THE UNIFORMED SERVICES, because of 5,072
an executive order issued by the president of the United States 5,073
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 5,074
each month of that MONTHLY PAY period OF THAT LEAVE OF ABSENCE, 5,076
the lesser of the following:
(1) The difference between his THE PERMANENT PUBLIC 5,078
EMPLOYEE'S gross monthly wage or salary as an officer or 5,080
PERMANENT PUBLIC employee and the sum of his THE PERMANENT PUBLIC 5,081
EMPLOYEE'S gross military UNIFORMED pay and allowances received 5,082
that month;
(2) Five hundred dollars. 5,084
(C) No permanent public employee shall receive payments 5,086
under division (B) of this section if the sum of his THE 5,087
PERMANENT PUBLIC EMPLOYEE'S gross military UNIFORMED pay and 5,089
allowances received in a month PAY PERIOD exceeds his THE 5,090
EMPLOYEE'S gross monthly wage or salary as a permanent public 5,091
employee FOR THAT PERIOD or if the permanent public employee is 5,092
receiving his pay pursuant to UNDER division (A) of this section. 5,093
(D) Any political subdivision of the state, as defined in 5,095
section 2744.01 of the Revised Code, may elect to pay any of its 5,098
permanent public employees who are entitled to the leave provided 5,099
under division (A) of this section and who are called OR ORDERED 5,100
to military duty THE UNIFORMED SERVICES for a period in excess of 5,102
twenty-two eight-hour work days or one hundred seventy-six hours 5,103
110
in any one calendar year LONGER THAN ONE MONTH, for each calendar 5,104
year in which military duty is THE EMPLOYEE performed SERVICE IN 5,105
THE UNIFORMED SERVICES, because of an executive order issued by 5,106
the president or an act of congress, such payments, in addition 5,107
to those payments required by division (B) of this section, as 5,108
may be authorized by the legislative authority of the political 5,109
subdivision. 5,110
(E) Each permanent public employee who is entitled to 5,112
leave provided under division (A) of this section shall submit to 5,113
his THE PERMANENT PUBLIC EMPLOYEE'S appointing authority the 5,114
published order authorizing the military duty CALL OR ORDER TO 5,116
THE UNIFORMED SERVICES or a written statement from the 5,117
appropriate military commander authorizing such duty THAT 5,118
SERVICE, prior to being credited with such leave. 5,121
(F) Any permanent public employee of a political 5,123
subdivision whose employment is governed by a collective 5,124
bargaining agreement with provision for military leave THE 5,125
PERFORMANCE OF SERVICE IN THE UNIFORMED SERVICES shall abide by 5,127
the terms of that collective bargaining agreement with respect to 5,128
military leave THE PERFORMANCE OF SUCH SERVICE, EXCEPT THAT NO 5,129
COLLECTIVE BARGAINING AGREEMENT MAY AFFORD FEWER RIGHTS AND 5,130
BENEFITS THAN ARE CONFERRED UNDER THIS SECTION. 5,131
Sec. 5923.09. Each enlisted man MEMBER and each 5,141
commissioned OR WARRANT officer of the Ohio military reserve 5,143
shall OR OHIO NAVAL MILITIA, IF FUNDS ARE APPROPRIATED FOR THIS 5,144
PURPOSE BY THE GENERAL ASSEMBLY, MAY be paid at rates to be 5,145
prescribed from time to time by the governor as commander in 5,146
chief ADJUTANT GENERAL but not exceeding one-thirtieth of the 5,147
monthly base pay of his THE MEMBER'S OR OFFICER'S grade, as is 5,148
provided for enlisted men MEMBERS or commissioned OR WARRANT 5,150
officers of the armed forces of the United States UNDER THE 5,151
DEPARTMENT OF DEFENSE PAY MANUAL, for each authorized regular 5,152
drill attended, to be paid quarterly MONTHLY. 5,153
Sec. 5923.10. (A) If any enlisted man MEMBER in the Ohio 5,164
111
national guard, Ohio naval ORGANIZED militia, or the Ohio 5,165
military reserve willfully, maliciously, purposely, or through 5,166
carelessness or neglect, permits any of the arms, equipment, or 5,167
other property issued to him THE ENLISTED MEMBER belonging to the 5,168
state or the United States, to become lost, damaged, or 5,170
destroyed, the commanding officer of his THE ENLISTED MEMBER'S 5,171
company, troop, battery, detachment, or other organization shall 5,172
charge the value of the same LOST, DAMAGED, OR DESTROYED ARMS, 5,173
EQUIPMENT, OR OTHER PROPERTY against any pay due him THE ENLISTED 5,174
MEMBER under such rules applicable thereto as prescribed by the 5,175
department of defense or the governor ADJUTANT GENERAL. 5,176
All (B) ALL PROPERTY OF THE UNITED STATES ISSUED TO A UNIT 5,179
OR MEMBER OF THE OHIO NATIONAL GUARD SHALL BE ACCOUNTED AND 5,180
RECOUPED FOR AS PROVIDED BY THE REGULATIONS PRESCRIBED BY THE 5,181
ARMY OR THE AIR FORCE AND THE NATIONAL GUARD BUREAU, AS
APPROPRIATE AND AS SUPPLEMENTED BY THE ADJUTANT GENERAL. 5,182
(C) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF CHAPTER 5,184
2716. OF THE REVISED CODE, ALL allowances and pay provided for 5,187
officers and enlisted men MEMBERS OF THE OHIO ORGANIZED MILITIA 5,188
shall be applied SUBJECT to the payment of any shortage of or 5,190
injury to state or United States property or funds for which such 5,191
THOSE officers or enlisted men MEMBERS are responsible or 5,192
accountable. 5,193
Sec. 5923.21. (A) The OHIO organized militia may be 5,203
called by the governor by proclamation to aid the civil 5,205
authorities to do any of the following:
(1) Execute the laws of this state; 5,207
(2) Suppress insurrection; 5,209
(3) Repel invasion; 5,211
(4) Act in the event of a disaster, as defined in section 5,213
5502.21 of the Revised Code, within the state; 5,214
(5) Promote the health, safety, and welfare of the 5,216
citizens of this state.
(B) In all cases, the organized militia shall be called to 5,218
112
state active duty before the unorganized militia. 5,219
(C) The governor's proclamation UNDER DIVISION (A) OF THIS 5,221
SECTION shall specify the statutory basis of the call. 5,222
Sec. 5923.28. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 5,233
OF THIS SECTION, THE military laws of this state shall conform to 5,234
all laws OF and regulations of PROMULGATED BY the United States 5,235
affecting the same subject and anything to the contrary shall be 5,236
IS void so long as IF the subject matter has been acted on by the 5,237
United States ARMY, AIR FORCE, OR NATIONAL GUARD BUREAU. 5,238
(B) All matters relating to the organization, discipline, 5,240
and government of the military STATE DEFENSE forces, not 5,241
otherwise provided by the laws of this state or the rules and 5,242
regulations promulgated thereunder UNDER THOSE LAWS, shall be 5,243
decided by the custom, regulations, and usage of the armed forces 5,245
of the United States.
Sec. 5924.15. Under such regulations as the governor may 5,254
prescribe, and under such additional regulations as may be 5,255
prescribed by the adjutant general of Ohio, limitations may be 5,256
placed on the powers granted by this section with respect to the 5,257
kind and amount of punishment authorized, the categories of
commanding officers and warrant officers exercising command 5,258
authorized to exercise those powers, the applicability of this 5,259
section to an accused who demands trial by court-martial, and the 5,260
kinds of courts-martial to which the case may be referred upon 5,261
such a demand. However, except in the case of a member attached 5,262
to, or embarked in a vessel, punishment may not be imposed upon
any person subject to this code under this section if such person 5,263
has, before the imposition of such punishment, demanded trial by 5,264
court-martial in lieu of such punishment. Under similar 5,265
regulations, rules may be prescribed with respect to the 5,266
suspension of punishments authorized hereunder. Subject to the
foregoing, any commanding officer, and for the purposes of this 5,267
section the adjutant general of Ohio, may, in addition to or in 5,268
lieu of admonition or reprimand, impose one or more of the 5,269
113
following disciplinary punishments for minor offenses without the 5,270
intervention of a court-martial:
(A) Upon officers of his THE COMMANDING OFFICER'S command: 5,272
(1) Restriction to certain specified limits, with or 5,274
without suspension from duty, for not more than thirty 5,275
consecutive days;
(2) If imposed by the governor, the adjutant general, the 5,277
commanding officer of a force of the organized militia, or the 5,278
commanding general of a division;: 5,279
(a) Arrest in quarters for not more than thirty 5,281
consecutive days;
(b) Fine or forfeiture of not more than one-half of one 5,283
month's pay per month for two months, or the sum of one hundred 5,284
fifty dollars, whichever is greater;
(c) Restriction to certain specified limits, with or 5,286
without suspension from duty, for not more than sixty consecutive 5,287
days;
(d) Detention of not more than one-half of one month's pay 5,289
per month for three months, or the sum of two hundred twenty-five 5,290
dollars, whichever is greater;. 5,291
(B) Upon other military personnel of his THE COMMANDING 5,293
OFFICER'S command: 5,294
(1) If imposed upon a person attached to or embarked in a 5,296
vessel, confinement on bread and water or diminished rations for 5,297
not more than three consecutive days; 5,298
(2) Correctional custody for not more than seven 5,300
consecutive days;
(3) Fine or forfeiture of not more than seven days' pay, 5,302
or the sum of twenty-five dollars, whichever is greater; 5,303
(4) Reduction to the next inferior pay grade, if the grade 5,305
from which demoted is within the promotion authority of the 5,306
officer imposing the reduction or any officer subordinate to the 5,307
one who imposes the reduction;
(5) Extra duties, including fatigue or other duties, for 5,309
114
not more than fourteen consecutive days; 5,310
(6) Restriction to certain specified limits, with or 5,312
without suspension from duty, for not more than fourteen 5,313
consecutive days;
(7) Detention of not more than fourteen days' pay, or the 5,315
sum of fifty dollars, whichever is greater; 5,316
(8) If imposed by an officer of the grade of major or 5,318
lieutenant commander, or above;. 5,320
(a) The punishment authorized under division (B)(1) of 5,322
this section;
(b) Correctional custody for not more than thirty 5,324
consecutive days;
(c) Fine or forfeiture of not more than one-half of one 5,326
month's pay per month for two months, or the sum of fifty 5,327
dollars, whichever is greater;
(d) Reduction to the lowest or any intermediate pay grade, 5,329
if the grade from which demoted is within the promotion authority 5,330
of the officer imposing the reduction or any officer subordinate 5,331
to the one who imposes the reduction, but an enlisted member in 5,332
pay grade above E-4 may not be reduced more than two pay grades; 5,333
(e) Extra duties, including fatigue or other duties, for 5,335
not more than forty-five consecutive days; 5,336
(f) Restriction to certain specified limits, with or 5,338
without suspension from duty, for not more than sixty consecutive 5,339
days;
(g) Detention of not more than one-half of one month's pay 5,341
per month for three months, or the sum of seventy-five dollars, 5,343
whichever is greater;. 5,344
Detention of pay shall be for a stated period of not more 5,346
than one year, but if the offender's term of service expires 5,348
earlier, the detention shall terminate upon that expiration. No 5,349
two or more of the punishments of arrest in quarters, confinement 5,351
on bread and water or diminished rations, correctional custody,
extra duties, and restriction may be combined to run 5,352
115
consecutively in the maximum amount imposable for each. Whenever 5,353
any of those punishments are combined to run consecutively, there 5,354
must be an apportionment. In addition, forfeiture of pay may not 5,355
be combined with detention of pay without an apportionment. For 5,356
the purposes of this section "correctional custody" is the
physical restraint of a person during duty or nonduty hours and 5,357
may include extra duties, fatigue duties, or hard labor. If 5,358
practicable, correctional custody will not be served in immediate 5,359
association with persons awaiting trial or held in confinement 5,360
pursuant to trial by court-martial or civilian court.
(C) An officer in charge may impose upon enlisted members 5,362
assigned to the unit of which he THE OFFICER is in charge such of 5,364
the punishments authorized under divisions (B)(1) to (B)(7) of 5,366
this section, as the governor or adjutant general may
specifically prescribe by regulation. 5,367
(D) The officer who imposes the punishment authorized in 5,369
divisions (A) or (B) of this section, or his THE OFFICER'S 5,370
successor in command, may, at any time, suspend probationally any 5,372
part or amount of the unexecuted punishment imposed and may
suspend probationally a reduction in grade or a forfeiture 5,373
imposed under divisions (A) or (B) of this section, whether or 5,374
not executed. In addition, he THE OFFICER WHO IMPOSED THE 5,375
PUNISHMENT may, at any time, remit or mitigate any part or amount 5,376
of the unexecuted punishment imposed and may set aside in whole 5,377
or in part the punishment, whether executed or unexecuted, and 5,378
restore all rights, privileges, and property affected. He THE 5,379
OFFICER WHO IMPOSED THE PUNISHMENT may also mitigate reduction in 5,380
grade to forfeiture or detention of pay. When mitigating: 5,381
(1) Arrest in quarters to restriction; 5,383
(2) Confinement on bread and water or diminished rations 5,385
to correctional custody; 5,386
(3) Correctional custody or confinement on bread and water 5,388
or diminished rations to extra duties or restriction, or both; or 5,389
(4) Extra duties to restriction; 5,391
116
the mitigated punishment shall not be for a greater period than 5,393
the punishment mitigated. When mitigating forfeiture of pay to 5,394
detention of pay, the amount of the detention shall not be 5,395
greater than the amount of the forfeiture. When mitigating 5,396
reduction in grade to forfeiture or detention of pay, the amount
of the forfeiture or detention shall not be greater than the 5,397
amount that could have been imposed initially under this section 5,398
by the officer who imposed the punishment mitigated. 5,399
(E) A person punished under this section who considers his 5,401
THE punishment unjust or disproportionate to the offense may, 5,402
through the proper channel, appeal to the next superior 5,403
authority. The appeal shall be promptly forwarded and decided, 5,404
but the person punished may in the meantime be required to 5,405
undergo the punishment adjudged. The superior authority may
exercise the same powers with respect to the punishment imposed 5,406
as may be exercised under division (D) of this section by the 5,408
officer who imposed the punishment. Before acting on an appeal 5,409
from a punishment of:
(1) Arrest in quarters for more than seven days; 5,411
(2) Correctional custody for more than seven days; 5,413
(3) Forfeiture of more than seven days' pay; 5,415
(4) Reduction of one or more pay grades from the fourth or 5,417
a higher pay grade; 5,418
(5) Extra duties for more than fourteen days; 5,420
(6) Restriction for more than fourteen days; or 5,422
(7) Detention of more than fourteen days' pay; 5,424
the authority who is to act on the appeal shall refer the case to 5,426
a judge advocate of the Ohio army national guard or the Ohio air 5,427
national guard, or a law specialist of the Ohio naval ORGANIZED 5,429
militia for consideration and advice, and may so refer the case 5,431
upon appeal from any punishment imposed under divisions (A) or 5,432
(B) of this section.
(F) The imposition and enforcement of disciplinary 5,434
punishment under this section for any act or omission is not a 5,435
117
bar to trial by court-martial for a serious crime or offense 5,436
growing out of the same act or omission, and not properly 5,437
punishable under this section; but the fact that a disciplinary
punishment has been enforced may be shown by the accused upon 5,438
trial, and when so shown shall be considered in determining the 5,439
measure of punishment to be adjudged in the event of a finding of 5,440
guilty.
(G) The governor or the adjutant general may, by 5,442
regulation, prescribe the form of records to be kept of 5,443
proceedings under this section and may also prescribe that 5,444
certain categories of those proceedings shall be in writing.
(H) The punishments imposed pursuant to this section, 5,446
except fine and forfeiture of pay, shall not extend beyond the 5,447
termination of the duty status of the individual punished. 5,448
Section 2. That existing sections 111.15, 124.11, 141.02, 5,450
145.01, 145.30, 718.01, 1751.54, 3319.13, 3319.14, 3923.381, 5,451
3923.382, 4117.01, 4141.01, 4506.02, 4911.04, 5101.312, 5903.01, 5,452
5903.99, 5911.011, 5911.03, 5911.04, 5911.08, 5913.01, 5913.02, 5,453
5913.021, 5913.03, 5913.04, 5913.05, 5913.051, 5913.06, 5913.07, 5,454
5913.08, 5913.09, 5913.10, 5913.17, 5919.01, 5919.02, 5919.04, 5,455
5919.071, 5919.09, 5919.12, 5919.13, 5919.14, 5919.15, 5919.16, 5,456
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, 5,457
5923.09, 5923.10, 5923.21, 5923.28, and 5924.15 and sections 5,458
124.28, 124.29, 5903.02, 5903.03, 5903.04, 5903.05, 5903.09, 5,460
5913.013, 5913.11, 5917.01, 5917.02, 5917.03, 5917.04, 5917.05, 5,461
5917.06, 5917.99, 5919.20, 5923.051, and 5923.35 of the Revised
Code are hereby repealed. 5,462
Section 3. Section 4117.01 of the Revised Code is 5,464
presented in this act as a composite of the section as amended by 5,465
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 5,466
Assembly, with the new language of neither of the acts shown in 5,467
capital letters. This is in recognition of the principle stated
in division (B) of section 1.52 of the Revised Code that such 5,468
118
amendments are to be harmonized where not substantively 5,469
irreconcilable and constitutes a legislative finding that such is 5,470
the resulting version in effect prior to the effective date of 5,471
this act.
Section 4. (A) Section 718.01 of the Revised Code is 5,473
amended by this act and also by Am. Sub. H.B. 215 of the 122nd 5,474
General Assembly (effective September 29, 1997). The amendments 5,475
of Am. Sub. H.B. 215 are included in this act in lower case to 5,476
confirm the intention to retain them, but are not intended to be
effective until September 29, 1997. 5,477
(B) Sections 124.11 and 4117.01 of the Revised Code are 5,479
amended by this act and also by Sub. H.B. 408 of the 122nd 5,480
General Assembly (effective October 1, 1997). The amendments of 5,481
Sub H.B. 408 are included in this act in lower case to confirm 5,482
the intention to retain them, but are not intended to be
effective until October 1, 1997. 5,483
Section 5. This act is hereby declared to be an emergency 5,485
measure necessary for the immediate preservation of the public 5,486
peace, health, and safety. The reason for such necessity is that 5,487
immediate action is crucial to enable the Adjutant General's 5,488
Department to capitalize on time-sensitive federal actions
scheduled for September 30, 1997. Therefore, this act shall go 5,489
into immediate effect. 5,490