As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 222 5
1999-2000 6
REPRESENTATIVES VAN VYVEN-SUTTON-OGG-BARNES-HOLLISTER-OLMAN- 7
BRADING-TERWILLEGER-SCHURING 8
_________________________________________________________________ 9
A B I L L
To amend sections 9.82, 124.41, 124.42, 133.03, 11
133.05, 145.01, 145.012, 145.02, 145.293, 12
145.295, 145.30, 145.31, 145.38, 145.58, 145.581, 13
146.01, 154.13, 164.09, 165.08, 166.08, 171.01,
171.03, 171.05, 175.09, 306.09, 306.85, 351.11, 14
505.38, 709.012, 717.07, 737.15, 737.16, 737.22, 15
742.01, 742.02, 742.03, 742.04, 742.05, 742.06, 16
742.07, 742.08, 742.09, 742.10, 742.11, 742.111,
742.112, 742.12, 742.13, 742.14, 742.15, 742.16, 17
742.22, 742.221, 742.23, 742.24, 742.25, 742.251, 18
742.26, 742.27, 742.30, 742.301, 742.31, 742.311, 19
742.32, 742.33, 742.34, 742.35, 742.36, 742.361, 20
742.362, 742.37, 742.371, 742.372, 742.373, 21
742.374, 742.375, 742.376, 742.379, 742.3711,
742.3712, 742.3713, 742.3714, 742.3715, 742.3716, 22
742.3717, 742.3718, 742.3719, 742.38, 742.381, 23
742.39, 742.40, 742.41, 742.42, 742.43, 742.44,
742.45, 742.46, 742.461, 742.47, 742.48, 742.50, 24
742.51, 742.511, 742.512, 742.513, 742.514, 25
742.515, 742.516, 742.52, 742.521, 742.53, 26
742.55, 742.56, 742.57, 742.58, 742.59, 742.60,
742.61, 742.62, 742.63, 902.10, 1555.08, 1557.03, 27
2329.66, 2907.15, 2921.41, 3111.20, 3113.21, 28
3307.28, 3307.32, 3307.33, 3307.381, 3307.412,
3307.74, 3309.26, 3309.31, 3309.341, 3309.351, 29
3309.69, 3318.26, 3345.12, 3366.04, 3377.11, 30
3706.14, 3729.01, 3737.947, 4582.44, 4981.15,
2
4981.19, 5505.161, 5505.201, 5505.28, 5528.54, 31
5531.10, 5537.08, 5540.06, 5705.19, 5731.09, 32
5747.071, 6121.15, and 6123.15 of the Revised
Code to change the name of the Police and 33
Firemen's Disability and Pension Fund to the Ohio 34
Police and Fire Pension Fund and the name of the
Firemen and Policemen's Death Benefit Fund to the 35
Ohio Public Safety Officers Death Benefit Fund. 36
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 38
Section 1. That sections 9.82, 124.41, 124.42, 133.03, 40
133.05, 145.01, 145.012, 145.02, 145.293, 145.295, 145.30, 41
145.31, 145.38, 145.58, 145.581, 146.01, 154.13, 164.09, 165.08, 42
166.08, 171.01, 171.03, 171.05, 175.09, 306.09, 306.85, 351.11, 43
505.38, 709.012, 717.07, 737.15, 737.16, 737.22, 742.01, 742.02, 44
742.03, 742.04, 742.05, 742.06, 742.07, 742.08, 742.09, 742.10, 45
742.11, 742.111, 742.112, 742.12, 742.13, 742.14, 742.15, 742.16, 46
742.22, 742.221, 742.23, 742.24, 742.25, 742.251, 742.26, 742.27, 47
742.30, 742.301, 742.31, 742.311, 742.32, 742.33, 742.34, 742.35, 49
742.36, 742.361, 742.362, 742.37, 742.371, 742.372, 742.373, 50
742.374, 742.375, 742.376, 742.379, 742.3711, 742.3712, 742.3713, 51
742.3714, 742.3715, 742.3716, 742.3717, 742.3718, 742.3719,
742.38, 742.381, 742.39, 742.40, 742.41, 742.42, 742.43, 742.44, 52
742.45, 742.46, 742.461, 742.47, 742.48, 742.50, 742.51, 742.511, 53
742.512, 742.513, 742.514, 742.515, 742.516, 742.52, 742.521, 54
742.53, 742.55, 742.56, 742.57, 742.58, 742.59, 742.60, 742.61, 55
742.62, 742.63, 902.10, 1555.08, 1557.03, 2329.66, 2907.15, 56
2921.41, 3111.20, 3113.21, 3307.28, 3307.32, 3307.33, 3307.381, 57
3307.412, 3307.74, 3309.26, 3309.31, 3309.341, 3309.351, 3309.69, 58
3318.26, 3345.12, 3366.04, 3377.11, 3706.14, 3729.01, 3737.947, 59
4582.44, 4981.15, 4981.19, 5505.161, 5505.201, 5505.28, 5528.54, 60
5531.10, 5537.08, 5540.06, 5705.19, 5731.09, 5747.071, 6121.15, 61
and 6123.15 of the Revised Code be amended to read as follows: 62
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Sec. 9.82. As used in sections 9.82 to 9.83 of the Revised 71
Code: 72
(A) "State" means the state of Ohio, including, but not 74
limited to, the general assembly, the supreme court, the offices 75
of all elected state officers, and all departments, boards, 76
offices, commissions, agencies, institutions, and other 77
instrumentalities of the state of Ohio. "State" does not include 78
political subdivisions. 79
(B) "Political subdivision" means a county, city, village, 81
township, park district, or school district. 82
(C) "Personal property" means tangible personal property 84
owned, leased, controlled, or possessed by a state agency and 85
includes, but is not limited to, chattels, movable property, 86
merchandise, furniture, goods, livestock, vehicles, watercraft, 87
aircraft, movable machinery, movable tools, movable equipment, 88
general operating supplies, and media. 89
(D) "Media" means all active information processing 91
material, including all forms of data, program material, and 92
related engineering specifications employed in any state agency's 93
information processing operation. 94
(E) "Property" means real and personal property as defined 96
in divisions (C) and (F) of this section and any other property 97
in which the state determines it has an insurable interest. 98
(F) "Real property" means land or interests in land whose 100
title is vested in the state or that is under the control of the 101
state through a lease purchase agreement, installment purchase, 102
mortgage, lien, or otherwise, and includes, but is not limited 103
to, all buildings, structures, improvements, machinery, 104
equipment, or fixtures erected on, above, or under such land. 105
(G) "State agency" means every department, bureau, board, 107
commission, office, or other organized body established by the 108
constitution or laws of this state for the exercise of any 109
function of state government, the general assembly, all 110
legislative agencies, the supreme court, and the court of claims. 111
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"State agency" does not include any state-supported institutions 112
of higher education, the public employees retirement system, the 113
OHIO police and fireman's disability and FIRE pension fund, the 115
state teachers retirement system, the school employees retirement 116
system, the state highway patrol retirement system, or the city 117
of Cincinnati retirement system. 118
Sec. 124.41. No person shall be eligible to receive an 127
original appointment to a police department, as a policeman or 128
policewoman POLICE OFFICER, subject to the civil service laws of 129
this state, unless he THE PERSON has reached the age of 131
twenty-one and has, not more than one hundred twenty days prior 133
to the date of such appointment, passed a physical examination, 134
given by a licensed physician, certifying that the applicant is 135
free of cardiovascular and pulmonary diseases, and showing that 136
he or she THE APPLICANT meets the physical requirements necessary 137
to perform the duties of a policeman or policewoman POLICE 139
OFFICER as established by the civil service commission having 141
jurisdiction over the appointment. The appointing authority 142
shall, prior to making any such appointment, file with the OHIO 143
police and firemen's disability and FIRE pension fund a copy of 145
the report or findings of the licensed physician. The
professional fee for such physical examination shall be paid by 146
the civil service commission. Except as otherwise provided in 147
this section, no person is eligible to receive an original 148
appointment when he THE PERSON is thirty-five years of age or 149
older, and no person can be declared disqualified as over age 151
prior to that time. The maximum age limitation established by 152
this section does not apply to a city in which an ordinance 153
establishes a different maximum age limitation for an original 154
appointment to the police department or to a civil service 155
township in which a resolution adopted by the board of trustees 156
of the township establishes a different maximum age limitation 157
for an original appointment to the police department. 158
Nothing in this section shall prevent a municipal 160
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corporation or a civil service township from establishing a 161
police cadet program and employing persons as police cadets at 162
age eighteen for the purposes of training persons to become 163
policemen and policewomen POLICE OFFICERS. The board of trustees 165
of a civil service township may establish by resolution such a 166
cadet program. A person participating in a municipal or township 167
police cadet program shall not be permitted to carry or use any 168
firearm in the performance of his THE PERSON'S duties, except 169
that he THE PERSON may be taught the proper use of firearms as 170
part of his THE PERSON'S training. 171
Sec. 124.42. No person shall be eligible to receive an 180
original appointment as fireman A FIREFIGHTER in a fire 181
department, subject to the civil service laws of this state, 183
unless he THE PERSON has reached the age of eighteen and has, not 185
more than one hundred twenty days prior to receiving such 186
appointment, passed a physical examination, given by a licensed 187
physician, certifying that the applicant is free of 188
cardiovascular and pulmonary diseases, and showing that he THE 189
PERSON meets the physical requirements necessary to perform the 191
duties of a fireman FIREFIGHTER as established by the civil 192
service commission having jurisdiction over the appointment. The 193
appointing authority shall, prior to making any such appointment, 194
file with the OHIO police and firemen's disability and FIRE 196
pension fund a copy of the report or findings of said licensed 197
physician. The professional fee for such physical examination 198
shall be paid by the civil service commission. No person shall 199
be eligible to receive an original appointment on and after his 200
THE PERSON'S thirty-first birthday. 201
Notwithstanding this section, a municipal council may enact 203
an ordinance providing that a person between the age of eighteen 204
and thirty-six may receive an original appointment to the fire 205
department, or the board of trustees of a civil service township 206
may do so by resolution. Nothing in this section shall prevent a 207
municipal corporation or civil service township from establishing 208
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a fire cadet program and employing persons as fire cadets at age 209
eighteen for the purpose of training persons to become fire 210
fighters FIREFIGHTERS. The board of trustees of a civil service 211
township may establish by resolution such a cadet program. A 213
person participating in a municipal or township fire cadet 214
program shall not be permitted to carry or use any firearm in the 215
performance of his THE PERSON'S duties. 216
Sec. 133.03. (A) Chapter 133. securities are: 225
(1) Lawful investments for banks, savings and loan 227
associations, credit union share guaranty corporations, trust 228
companies, trustees, fiduciaries, insurance companies, including 229
domestic for life and domestic not for life, trustees or other 230
officers having charge of sinking and bond retirement or other 231
funds of the state, subdivisions, and taxing districts, the 232
commissioners of the sinking fund of the state, the administrator 233
of workers' compensation, the state teachers, public employees, 234
and school employees retirement systems, and the OHIO police and 235
firemen's disability and FIRE pension fund, notwithstanding any 237
other provisions of the Revised Code or rules adopted pursuant to 239
those provisions by any agency of the state with respect to 240
investments by them;
(2) Eligible as security for the repayment of the deposit 242
of public moneys. 243
(B) Section 9.96 of the Revised Code applies to Chapter 245
133. securities notwithstanding any other provision in this 246
chapter. 247
(C) A subdivision may enter into an agreement with an 249
agency, including a commission, officer, board, authority, or 250
other instrumentality, of the state or of the federal government 251
for the issuance and sale of Chapter 133. securities to that 252
agency for purposes for which the subdivision is otherwise 253
authorized to issue those securities, and may issue and sell 254
those securities under procedures and having terms, other than 255
those provided in other sections of this chapter, that comply 256
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with that agreement and the rules of that agency. 257
(D) A subdivision may not issue securities for the purpose 259
of paying current expenses except for securities authorized to be 260
issued for that purpose by this chapter or other laws. 261
(E) The purpose of Chapter 133. securities may be stated 263
in general terms, such as "street improvements," or "park 264
improvements," or "extension and improvement of the waterworks 265
system," or "school improvements." Any legislation submitting 266
to the electors the question of issuing securities and the 267
published notice of that election, and the legislation 268
specifically authorizing securities, shall generally identify the 269
permanent improvements included in the purpose. 270
(F) Securities issued pursuant to section 133.13 of the 272
Revised Code may include amounts to pay financing costs relating 273
to those securities. 274
(G) As used in this chapter, with respect to public 276
obligations: 277
(1) "Principal amount" means the aggregate of the amount 279
as stated or provided for in the legislation authorizing the 280
public obligations as the amount on which interest or interest 281
equivalent is initially calculated. 282
(2) "Principal payments" means the payments of or on 284
account of the principal amount as defined in division (G)(1) of 285
this section. 286
(H) Interest or interest equivalent on public obligations 288
may be paid or compounded at such time as shall be provided in 289
the legislation authorizing the public obligations. 290
Sec. 133.05. (A) A municipal corporation shall not incur 299
net indebtedness that exceeds an amount equal to ten and one-half 300
per cent of its tax valuation, or incur without a vote of the 301
electors net indebtedness that exceeds an amount equal to five 302
and one-half per cent of that tax valuation. 303
(B) In calculating the net indebtedness of a municipal 305
corporation, none of the following securities shall be 306
8
considered: 307
(1) Self-supporting securities issued for any purposes 309
including, without limitation, any of the following general 310
purposes: 311
(a) Water systems or facilities; 313
(b) Sanitary sewerage systems or facilities, or surface 315
and storm water drainage and sewerage systems or facilities, or a 316
combination of those systems or facilities; 317
(c) Electric plants and facilities and steam or 319
cogeneration facilities that generate or supply electricity, or 320
steam and electrical or steam distribution systems and lines; 321
(d) Airports or landing fields or facilities; 323
(e) Railroads, rapid transit, and other mass transit 325
systems; 326
(f) Off-street parking lots, facilities, or buildings, or 328
on-street parking facilities, or any combination of off-street 329
and on-street parking facilities; 330
(g) Facilities for the care or treatment of the sick or 332
infirm, and for housing the persons providing such care or 333
treatment and their families; 334
(h) Solid waste or hazardous waste collection or disposal 336
facilities, or resource recovery and solid or hazardous waste 337
recycling facilities, or any combination of those facilities; 338
(i) Urban redevelopment projects; 340
(j) Recreational, sports, convention, auditorium, museum, 342
trade show, and other public attraction facilities; 343
(k) Facilities for natural resources exploration, 345
development, recovery, use, and sale; 346
(l) Correctional and detention facilities, including 348
multicounty-municipal jails, and related rehabilitation 349
facilities. 350
(2) Securities issued for the purpose of purchasing, 352
constructing, improving, or extending water or sanitary or 353
surface and storm water sewerage systems or facilities, or a 354
9
combination of those systems or facilities, to the extent that an 355
agreement entered into with another subdivision requires the 356
other subdivision to pay to the municipal corporation amounts 357
equivalent to debt charges on the securities; 358
(3) Securities issued under order of the director of 360
health or director of environmental protection under section 361
6109.18 of the Revised Code; 362
(4) Securities issued under Section 3, 10, or 12 of 364
Article XVIII, Ohio Constitution; 365
(5) Securities that are not general obligations of the 367
municipal corporation; 368
(6) Voted securities issued for the purposes of urban 370
redevelopment to the extent that their principal amount does not 371
exceed an amount equal to two per cent of the tax valuation of 372
the municipal corporation; 373
(7) Unvoted general obligation securities to the extent 375
that the legislation authorizing them includes covenants to 376
appropriate annually from lawfully available municipal income 377
taxes or other municipal excises or taxes, including taxes 378
referred to in section 701.06 of the Revised Code but not 379
including ad valorem property taxes, and to continue to levy and 381
collect those municipal income taxes or other applicable excises 382
or taxes in, amounts necessary to meet the debt charges on those 383
securities, which covenants are hereby authorized; 384
(8) Self-supporting securities issued prior to July 1, 386
1977, under this chapter for the purpose of municipal university 387
residence halls to the extent that revenues of the successor 388
state university allocated to debt charges on those securities, 389
from sources other than municipal excises and taxes, are 390
sufficient to pay those debt charges; 391
(9) Securities issued for the purpose of acquiring or 393
constructing roads, highways, bridges, or viaducts, for the 394
purpose of acquiring or making other highway permanent 395
improvements, or for the purpose of procuring and maintaining 396
10
computer systems for the office of the clerk of the municipal 397
court to the extent that the legislation authorizing the issuance 398
of the securities includes a covenant to appropriate from money 399
distributed to the municipal corporation pursuant to Chapter 400
4501., 4503., 4504., or 5735. of the Revised Code a sufficient 401
amount to cover debt charges on and financing costs relating to 402
the securities as they become due; 403
(10) Securities issued for the purpose of providing some 405
or all of the funds required to satisfy the municipal 406
corporation's obligation under an agreement with the board of 407
trustees of the OHIO police and firemen's disability and FIRE 409
pension fund under section 742.30 of the Revised Code.; 410
(11) Securities issued for the acquisition, construction, 412
equipping, and improving of a municipal educational and cultural 413
facility under division (B)(2) of section 307.672 of the Revised 414
Code; 415
(12) Securities issued for energy conservation measures 417
under section 717.02 of the Revised Code.; 418
(13) Securities that are obligations issued to pay costs 420
of a sports facility under section 307.673 of the Revised Code. 421
(C) In calculating the net indebtedness of a municipal 423
corporation, no obligation incurred under division (C) of section 424
749.08 of the Revised Code shall be considered. 425
Sec. 145.01. As used in this chapter: 434
(A) "Public employee" means: 436
(1) Any person holding an office, not elective, under the 438
state or any county, township, municipal corporation, park 439
district, conservancy district, sanitary district, health 440
district, metropolitan housing authority, state retirement board, 441
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 442
university, or board, bureau, commission, council, committee, 443
authority, or administrative body as the same are, or have been, 444
created by action of the general assembly or by the legislative 445
11
authority of any of the units of local government named in 446
division (A)(1) of this section, or employed and paid in whole or 447
in part by the state or any of the authorities named in division 448
(A)(1) of this section in any capacity not covered by section 450
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees 452
retirement system and who continues to perform the same or 454
similar duties under the direction of a contractor who has 455
contracted to take over what before the date of the contract was 456
a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the 457
purposes of administering this chapter. 458
(3) Any person who is an employee of a public employer, 460
notwithstanding that the person's compensation for that 461
employment is derived from funds of a person or entity other than 462
the employer. Credit for such service shall be included as total 463
service credit, provided that the employee makes the payments 464
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 465
In all cases of doubt, the public employees retirement 467
board shall determine whether any person is a public employee, 468
and its decision is final.
(B) "Member" means any public employee, other than a 470
public employee excluded or exempted from membership in the 471
retirement system by section 145.03, 145.031, 145.032, 145.033, 472
145.034, 145.035, or 145.38 of the Revised Code. "Member" 473
includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also 474
includes a disability benefit recipient. 475
(C) "Head of the department" means the elective or 477
appointive head of the several executive, judicial, and 478
administrative departments, institutions, boards, and commissions 479
of the state and local government as the same are created and 480
defined by the laws of this state or, in case of a charter
12
government, by that charter. 481
(D) "Employer" or "public employer" means the state or any 483
county, township, municipal corporation, park district, 484
conservancy district, sanitary district, health district, 485
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 486
cemetery, joint hospital, institutional commissary, state medical 487
college, state university, or board, bureau, commission, council, 488
committee, authority, or administrative body as the same are, or 489
have been, created by action of the general assembly or by the 490
legislative authority of any of the units of local government
named in this division not covered by section 3307.01 or 3309.01 491
of the Revised Code. In addition, "employer" means the employer 492
of any public employee.
(E) "Prior service" means all service as a public employee 494
rendered before January 1, 1935, and all service as an employee 495
of any employer who comes within the state teachers retirement 496
system or of the school employees retirement system or of any 497
other retirement system established under the laws of this state 498
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 499
other system after that other system was established, credit for 500
the service may be allowed by the public employees retirement 501
system only when the employee has made payment, to be computed on 502
the salary earned from the date of appointment to the date 503
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 504
employer has made payment of the corresponding full liability as 505
provided by section 145.44 of the Revised Code. "Prior service" 506
also means all service credited for active duty with the armed 507
forces of the United States as provided in section 145.30 of the 508
Revised Code.
If an employee who has been granted prior service credit by 510
the public employees retirement system for service rendered prior 511
13
to January 1, 1935, as an employee of a board of education 512
establishes, before retirement, one year or more of contributing 513
service in the state teachers retirement system or school 514
employees retirement system, then the prior service ceases to be
the liability of this system. 515
If the board determines that a position of any member in 517
any calendar year prior to January 1, 1935, was a part-time 518
position, the board shall determine what fractional part of a 519
year's credit shall be allowed by the following formula: 520
(1) When the member has been either elected or appointed 522
to an office the term of which was two or more years and for 523
which an annual salary is established, the fractional part of the 524
year's credit shall be computed as follows: 525
First, when the member's annual salary is one thousand 527
dollars or less, the service credit for each such calendar year 528
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 530
above one thousand dollars, the member's service credit for each 531
such calendar year shall be increased by two and one-half per 532
cent.
(2) When the member is paid on a per diem basis, the 534
service credit for any single year of the service shall be 535
determined by using the number of days of service for which the 536
compensation was received in any such year as a numerator and 537
using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the 539
service credit for any single year of the service shall be 540
determined by using the number of hours of service for which the 541
compensation was received in any such year as a numerator and 542
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 544
the employees' savings fund created by section 145.23 of the 545
Revised Code.
(G) "Beneficiary" or "beneficiaries" means the estate or a 547
14
person or persons who, as the result of the death of a member, 548
contributor, or retirant, qualify for or are receiving some right 549
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 551
section 145.37 of the Revised Code, means all service credited to 552
a member of the retirement system since last becoming a member, 553
including restored service credit as provided by section 145.31 554
of the Revised Code; credit purchased under sections 145.293 and 555
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 556
provided in this chapter; all service credit established pursuant 557
to section 145.297 of the Revised Code; and any other service 558
credited under this chapter. In addition, "total service credit" 559
includes any period, not in excess of three years, during which a 560
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 561
of satisfying the service credit requirement and of determining 562
eligibility for benefits under sections 145.32, 145.33, 145.331, 563
145.35, 145.36, and 145.361 of the Revised Code, "five or more 564
years of total service credit" means sixty or more calendar 565
months of contributing service in this system.
(2) "One and one-half years of contributing service 567
credit," as used in division (B) of section 145.45 of the Revised 568
Code, also means eighteen or more calendar months of employment 569
by a municipal corporation that formerly operated its own 570
retirement plan for its employees or a part of its employees, 571
provided that all employees of that municipal retirement plan who 572
have eighteen or more months of such employment, upon 573
establishing membership in the public employees retirement 574
system, shall make a payment of the contributions they would have 575
paid had they been members of this system for the eighteen months 576
of employment preceding the date membership was established. 577
When that payment has been made by all such employee members, a 579
corresponding payment shall be paid into the employers' 580
15
accumulation fund by that municipal corporation as the employer 581
of the employees. 582
(3) Where a member also is a member of the state teachers 584
retirement system or the school employees retirement system, or 585
both, except in cases of retirement on a combined basis pursuant 586
to section 145.37 of the Revised Code, service credit for any 587
period shall be credited on the basis of the ratio that
contributions to the public employees retirement system bear to 589
total contributions in all state retirement systems. 590
(4) Not more than one year of credit may be given for any 592
period of twelve months. 593
(5) "Ohio service credit" means credit for service that 595
was rendered to the state or any of its political subdivisions or 596
any employer.
(I) "Regular or current interest" means interest at any 598
rates for the respective funds and accounts as the public 599
employees retirement board may determine from time to time, 600
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 602
shall discontinue the annual crediting of current interest to the 603
individual accounts of contributors. The noncrediting of current 604
interest shall not affect the rate of interest at retirement 605
guaranteed under division (I) of this section. 606
(2) The rate of interest credited on a contributor's 608
contributions at retirement shall be four per cent per annum, 609
compounded annually, to and including December 31, 1955; three 610
per cent per annum, compounded annually, from January 1, 1956, to 611
and including December 31, 1963; three and one-quarter per cent 612
per annum, compounded annually, from January 1, 1964, to and 613
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 614
In determining the reserve value for the purpose of 616
computing the amount of the contributor's annuity, the rate of 617
interest used in the annuity values shall be four per cent per 618
16
annum, compounded annually, for contributors retiring before 619
October 1, 1956, and after December 31, 1969; three per cent per 620
annum, compounded annually, for contributors retiring between 622
October 1, 1956, and December 31, 1963; and three and one-quarter 623
per cent per annum, compounded annually, for contributors 624
retiring from January 1, 1964, to December 31, 1969. Interest on 625
contributions from contributors within any one calendar year 626
shall begin on the first day of the calendar year next following 627
and shall be computed at the end of each calendar year, except in 628
the case of a contributor who retires before the end of the year. 629
(J) "Accumulated contributions" means the sum of all 631
amounts credited to a contributor's individual account in the 632
employees' savings fund together with any current interest 633
thereon, but does not include the interest adjustment at 634
retirement. 635
(K)(1) "Final average salary" means the quotient obtained 637
by dividing by three the sum of the three full calendar years of 638
contributing service in which the member's earnable salary was 639
highest, except that if the member has a partial year of 640
contributing service in the year the member's employment 641
terminates and the member's earnable salary for the partial year 642
is higher than for any comparable period in the three years, the 643
member's earnable salary for the partial year shall be 644
substituted for the member's earnable salary for the comparable 645
period during the three years in which the member's earnable 646
salary was lowest.
(2) If a member has less than three years of contributing 648
service, the member's final average salary shall be the member's 649
total earnable salary divided by the total number of years, 650
including any fraction of a year, of the member's contributing 651
service.
(3) For the purpose of calculating benefits payable to a 653
member qualifying for service credit under division (Z) of this 654
section, "final average salary" means the total earnable salary 655
17
on which contributions were made divided by the total number of 656
years during which contributions were made, including any 657
fraction of a year. If contributions were made for less than 658
twelve months, "final average salary" means the member's total 659
earnable salary. 660
(L) "Annuity" means payments for life derived from 662
contributions made by a contributor and paid from the annuity and 663
pension reserve fund as provided in this chapter. All annuities 664
shall be paid in twelve equal monthly installments. 665
(M) "Annuity reserve" means the present value, computed 667
upon the basis of the mortality and other tables adopted by the 668
board, of all payments to be made on account of any annuity, or 669
benefit in lieu of any annuity, granted to a retirant as provided 670
in this chapter.
(N)(1) "Disability retirement" means retirement as 672
provided in section 145.36 of the Revised Code. 673
(2) "Disability allowance" means an allowance paid on 675
account of disability under section 145.361 of the Revised Code. 676
(3) "Disability benefit" means a benefit paid as 678
disability retirement under section 145.36 of the Revised Code, 679
as a disability allowance under section 145.361 of the Revised 680
Code, or as a disability benefit under section 145.37 of the 681
Revised Code.
(4) "Disability benefit recipient" means a member who is 683
receiving a disability benefit. 684
(O) "Age and service retirement" means retirement as 686
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 687
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 689
contributions made by the employer that at the time of retirement 690
are credited into the annuity and pension reserve fund from the 691
employers' accumulation fund and paid from the annuity and 692
pension reserve fund as provided in this chapter. All pensions 693
shall be paid in twelve equal monthly installments.
18
(Q) "Retirement allowance" means the pension plus that 695
portion of the benefit derived from contributions made by the 696
member.
(R)(1) Except as otherwise provided in division (R) of 699
this section, "earnable salary" means all salary, wages, and 700
other earnings paid to a contributor by reason of employment in a 701
position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of 702
the amount required to be contributed to the employees' savings 703
fund under section 145.47 of the Revised Code and without regard 704
to whether any of the salary, wages, or other earnings are 705
treated as deferred income for federal income tax purposes. 706
"Earnable salary" includes the following:
(a) Payments made by the employer in lieu of salary, 708
wages, or other earnings for sick leave, personal leave, or 709
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 711
sick leave, personal leave, and vacation leave accrued, but not 712
used if the payment is made during the year in which the leave is 714
accrued, except that payments made pursuant to section 124.383 or 715
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 717
consisting of housing, laundry, and meals, as certified to the 718
retirement board by the employer or the head of the department 719
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the 721
Revised Code;
(e) Payments that are made under a disability leave 723
program sponsored by the employer and for which the employer is 724
required by section 145.296 of the Revised Code to make periodic 725
employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) 727
of this section.
(2) "Earnable salary" does not include any of the 729
19
following:
(a) Fees and commissions, other than those paid under 731
section 507.09 of the Revised Code, paid as sole compensation for 732
personal services and fees and commissions for special services 733
over and above services for which the contributor receives a 734
salary;
(b) Amounts paid by the employer to provide life 736
insurance, sickness, accident, endowment, health, medical, 737
hospital, dental, or surgical coverage, or other insurance for 738
the contributor or the contributor's family, or amounts paid by 739
the employer to the contributor in lieu of providing the
insurance;
(c) Incidental benefits, including lodging, food, laundry, 741
parking, or services furnished by the employer, or use of the 742
employer's property or equipment, or amounts paid by the employer 743
to the contributor in lieu of providing the incidental benefits; 744
(d) Reimbursement for job-related expenses authorized by 746
the employer, including moving and travel expenses and expenses 747
related to professional development; 748
(e) Payments for accrued, but unused sick leave, personal 750
leave, or vacation that are made at any time other than in the 752
year in which the sick leave, personal leave, or vacation was 753
accrued;
(f) Payments made to or on behalf of a contributor that 755
are in excess of the annual compensation that may be taken into 756
account by the retirement system under division (a)(17) of 757
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 758
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 760
5923.05 of the Revised Code or Section 4 of Substitute Senate 761
Bill No. 3 of the 119th general assembly; 762
(h) Anything of value received by the contributor that is 764
based on or attributable to retirement or an agreement to retire, 765
except that payments made on or before January 1, 1989, that are 766
20
based on or attributable to an agreement to retire shall be 767
included in earnable salary if both of the following apply: 768
(i) The payments are made in accordance with contract 770
provisions that were in effect prior to January 1, 1986; 771
(ii) The employer pays the retirement system an amount 773
specified by the retirement board equal to the additional 774
liability resulting from the payments. 775
(3) The retirement board shall determine by rule whether 777
any compensation not enumerated in division (R) of this section 778
is earnable salary, and its decision shall be final. 780
(S) "Pension reserve" means the present value, computed 782
upon the basis of the mortality and other tables adopted by the 783
board, of all payments to be made on account of any retirement 784
allowance or benefit in lieu of any retirement allowance, granted 785
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 787
to a member of the system since January 1, 1935, for which 788
contributions are made as required by sections 145.47, 145.48, 789
and 145.483 of the Revised Code. In any year subsequent to 1934, 790
credit for any service shall be allowed by the following formula: 791
(a) For each month for which the member's earnable salary 793
is two hundred fifty dollars or more, allow one month's credit. 794
(b) For each month for which the member's earnable salary 796
is less than two hundred fifty dollars, allow a fraction of a 797
month's credit. The numerator of this fraction shall be the 798
earnable salary during the month, and the denominator shall be 799
two hundred fifty dollars, except that if the member's annual 800
earnable salary is less than six hundred dollars, the member's
credit shall not be reduced below twenty per cent of a year for a 801
calendar year of employment during which the member worked each 802
month. Division (T)(1)(b) of this section shall not reduce any 804
credit earned before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an 806
elected official who prior to January 1, 1980, was granted a full 807
21
year of credit for each year of service as an elected official 808
shall be considered to have earned a full year of credit for each 809
year of service regardless of whether the service was full-time 810
or part-time. The public employees retirement board has no
authority to reduce the credit. 811
(U) "State retirement board" means the public employees 813
retirement board, the school employees retirement board, or the 814
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 816
receiving a monthly allowance as provided in sections 145.32, 817
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 818
(W) "Employer contribution" means the amount paid by an 820
employer as determined by the employer rate including the normal 821
and deficiency contribution rates. 822
(X) "Public service terminates" means the last day for 824
which a public employee is compensated for services performed for 825
an employer or the date of the employee's death, whichever occurs 826
first.
(Y) When a member has been elected or appointed to an 828
office, the term of which is two or more years, for which an 829
annual salary is established, and in the event that the salary of 830
the office is increased and the member is denied the additional 831
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 832
to have the amount of the member's contributions calculated upon 833
the basis of the increased salary for the office. At the 834
member's request, the board shall compute the total additional 835
amount the member would have contributed, or the amount by which 836
each of the member's contributions would have increased, had the 837
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 838
member's contribution would have increased withheld from the 839
member's salary, the member shall notify the employer, and the 840
employer shall make the withholding and transmit it to the
22
retirement system. A member who has not elected to have that 841
amount withheld may elect at any time to make a payment to the 842
retirement system equal to the additional amount the member's 843
contribution would have increased, plus interest on that 844
contribution, compounded annually at a rate established by the 845
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 846
payment. A member may make a payment for part of the period for 847
which the increased contribution was not withheld, in which case 848
the interest shall be computed from the date the last 849
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 850
contributions as provided in this division, the increased annual 851
salary as provided by law for the office for the period for which 852
the member paid increased contributions thereon shall be used in 853
determining the member's earnable salary for the purpose of 854
computing the member's final average salary.
(Z) "Five years of service credit," for the exclusive 856
purpose of satisfying the service credit requirements and of 857
determining eligibility for benefits under section 145.33 of the 858
Revised Code, means employment covered under this chapter or 859
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter or under a 860
combination of the coverage. 862
(AA) "Deputy sheriff" means any person who is commissioned 864
and employed as a full-time peace officer by the sheriff of any 865
county, and has been so employed since on or before December 31, 866
1965, and whose primary duties are to preserve the peace, to 867
protect life and property, and to enforce the laws of this state; 868
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 869
and who has received a certificate attesting to the person's 870
satisfactory completion of the peace officer training school as 871
required by section 109.77 of the Revised Code and whose primary 872
23
duties are to preserve the peace, protect life and property, and 873
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 874
the Revised Code as a criminal bailiff or court constable who has 875
received a certificate attesting to the person's satisfactory 876
completion of the peace officer training school as required by 877
section 109.77 of the Revised Code and whose primary duties are 878
to preserve the peace, protect life and property, and enforce the 879
laws of this state.
(BB) "Township constable or police officer in a township 881
police department or district" means any person who is 882
commissioned and employed as a full-time peace officer pursuant 883
to Chapter 505. or 509. of the Revised Code, who has received a 884
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 885
of the Revised Code, and whose primary duties are to preserve the 886
peace, protect life and property, and enforce the laws of this 887
state.
(CC) "Drug agent" means any person who is either of the 889
following:
(1) Employed full-time as a narcotics agent by a county 891
narcotics agency created pursuant to section 307.15 of the 892
Revised Code and has received a certificate attesting to the 893
satisfactory completion of the peace officer training school as 894
required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as 896
defined in section 109.79 of the Revised Code and is in 897
compliance with section 109.77 of the Revised Code. 898
(DD) "Department of public safety enforcement agent" means 900
a full-time employee of the department of public safety who is 902
designated under section 5502.14 of the Revised Code as an 904
enforcement agent and who is in compliance with section 109.77 of 906
the Revised Code.
(EE) "Natural resources law enforcement staff officer" 908
24
means a full-time employee of the department of natural resources 909
who is designated a natural resources law enforcement staff 910
officer under section 1501.013 of the Revised Code and is in 913
compliance with section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the 915
department of natural resources who is designated a park officer 917
under section 1541.10 of the Revised Code and is in compliance 918
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the 920
department of natural resources who is designated a forest 922
officer under section 1503.29 of the Revised Code and is in 923
compliance with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time employee of the 926
department of natural resources who is designated a preserve 927
officer under section 1517.10 of the Revised Code and is in 929
compliance with section 109.77 of the Revised Code. 931
(II) "Wildlife officer" means a full-time employee of the 933
department of natural resources who is designated a wildlife 935
officer under section 1531.13 of the Revised Code and is in 936
compliance with section 109.77 of the Revised Code. 937
(JJ) "State watercraft officer" means a full-time employee 940
of the department of natural resources who is designated a state 941
watercraft officer under section 1547.521 of the Revised Code and 942
is in compliance with section 109.77 of the Revised Code. 943
(KK) "Park district police officer" means a full-time 945
employee of a park district who is designated pursuant to section 947
511.232 or 1545.13 of the Revised Code and is in compliance with 948
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time 950
employee of a conservancy district who is designated pursuant to 952
section 6101.75 of the Revised Code and is in compliance with 953
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the 955
organized police department of a municipal corporation who is 957
25
employed full-time, is in compliance with section 109.77 of the 958
Revised Code, and is not a member of the OHIO police and 959
firemen's disability and FIRE pension fund. 960
(NN) "Ohio veterans' home police officer" means any person 963
who is employed at the Ohio veterans' home as a police officer 964
pursuant to section 5907.02 of the Revised Code and is in 965
compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health 967
institution" means any person who is designated as such pursuant 969
to section 5119.14 of the Revised Code and is in compliance with 970
section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the 972
mentally retarded and developmentally disabled" means any person 974
who is designated as such pursuant to section 5123.13 of the 975
Revised Code and is in compliance with section 109.77 of the 976
Revised Code.
(QQ) "State university law enforcement officer" means any 978
person who is employed full-time as a state university law 980
enforcement officer pursuant to section 3345.04 of the Revised 981
Code and who is in compliance with section 109.77 of the Revised 982
Code.
(RR) "Hamilton county municipal court bailiff" means a 984
person appointed by the clerk of courts of the Hamilton county 986
municipal court under division (A)(3) of section 1901.32 of the 987
Revised Code who is employed full-time as a bailiff or deputy 988
bailiff, who has received a certificate attesting to the person's 989
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 990
and whose primary duties are to preserve the peace, to protect 991
life and property, and to enforce the laws of this state. 992
(SS) Notwithstanding section 2901.01 of the Revised Code, 994
"law enforcement officer" means a sheriff, deputy sheriff, 996
township constable or police officer in a township police 997
department or district, drug agent, department of public safety 998
26
enforcement agent, natural resources law enforcement staff
officer, park officer, forest officer, preserve officer, wildlife 1,000
officer, state watercraft officer, park district police officer, 1,001
conservancy district officer, Ohio veterans' home police officer, 1,002
special police officer for a mental health institution, special 1,003
police officer for an institution for the mentally retarded and 1,004
developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal 1,005
police officer.
(TT) "Fiduciary" means a person who does any of the 1,007
following: 1,008
(1) Exercises any discretionary authority or control with 1,010
respect to the management of the system or with respect to the 1,011
management or disposition of its assets; 1,012
(2) Renders investment advice for a fee, direct or 1,014
indirect, with respect to money or property of the system; 1,015
(3) Has any discretionary authority or responsibility in 1,017
the administration of the system. 1,018
(UU) "Actuary" means an individual who satisfies all of 1,020
the following requirements: 1,022
(1) Is a member of the American academy of actuaries; 1,024
(2) Is an associate or fellow of the society of actuaries; 1,026
(3) Has a minimum of five years' experience in providing 1,028
actuarial services to public retirement plans. 1,029
Sec. 145.012. (A) "Public employee," as defined in 1,038
division (A) of section 145.01 of the Revised Code, does not 1,039
include any person: 1,040
(1) Who is employed by a private, temporary-help service 1,042
and performs services under the direction of a public employer or 1,043
is employed on a contractual basis as an independent contractor 1,044
under a personal service contract with a public employer; 1,045
(2) Who is an emergency employee serving on a temporary 1,047
basis in case of fire, snow, earthquake, flood, or other similar 1,048
emergency; 1,049
27
(3) Who is employed in a program established pursuant to 1,051
the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 1,052
U.S.C.A. 1501; 1,053
(4) Who is an appointed member of either the motor vehicle 1,055
salvage dealers board or the motor vehicle dealer's board whose 1,056
rate and method of payment are determined pursuant to division 1,057
(J) of section 124.15 of the Revised Code; 1,058
(5) Who is employed as an election worker and paid less 1,060
than five hundred dollars per calendar year for that service; 1,062
(6) Who is employed as a firefighter in a position 1,064
requiring satisfactory completion of a firefighter training 1,066
course approved under former section 3303.07 or section 4765.55 1,069
of the Revised Code or conducted under section 3737.33 of the 1,070
Revised Code except for the following: 1,071
(a) Any firefighter who has elected under section 145.013 1,074
of the Revised Code to remain a contributing member of the public 1,075
employees retirement system; 1,076
(b) Any firefighter who was eligible to transfer from the 1,079
public employees retirement system to the OHIO police and
firemen's disability and FIRE pension fund under section 742.51 1,081
or 742.515 of the Revised Code and did not elect to transfer; 1,082
(c) Any firefighter who has elected under section 742.516 1,085
of the Revised Code to transfer from the OHIO police and 1,086
firemen's disability and FIRE pension fund to the public 1,088
employees retirement system.
(7) Who is a member of the board of health of a city or 1,090
general health district, which pursuant to sections 3709.051 and 1,091
3709.07 of the Revised Code includes a combined health district, 1,092
and whose compensation for attendance at meetings of the board is 1,093
set forth in division (B) of section 3709.02 or division (B) of 1,094
section 3709.05 of the Revised Code, as appropriate;
(8) Who participates in an alternative retirement plan 1,096
established under Chapter 3305. of the Revised Code; 1,097
(9) Who is a member of the board of directors of a 1,099
28
sanitary district established under Chapter 6115. of the Revised 1,100
Code.
(B) No inmate of a correctional institution operated by 1,103
the department of rehabilitation and correction, no patient in a 1,104
hospital for the mentally ill or criminally insane operated by 1,105
the department of mental health, no resident in an institution 1,106
for the mentally retarded operated by the department of mental 1,107
retardation and developmental disabilities, no resident admitted 1,108
as a patient of the Ohio veterans' home at Sandusky, and no 1,109
resident of a county home shall be considered as a public
employee for the purpose of establishing membership or 1,110
calculating service credit or benefits under this chapter. 1,111
Nothing in this division shall be construed to affect any service 1,113
credit attained by any person who was a public employee before 1,114
becoming an inmate, patient, or resident at any institution 1,115
listed in this division, or the payment of any benefit for which 1,117
such a person or such a person's beneficiaries otherwise would be 1,119
eligible.
Sec. 145.02. (A) A public employee who, prior to August 1,128
20, 1976, was excluded from membership in the public employees 1,129
retirement system because he THE EMPLOYEE was receiving benefits 1,130
from a municipal retirement system established prior to June 30, 1,132
1938, may acquire credit for service rendered by paying into the 1,133
employees' savings fund an amount determined by applying the 1,134
member contribution rate in effect at the time of payment to the 1,135
earnable salary of the member during such period, plus interest 1,136
on such amount, compounded annually at a rate to be determined by 1,137
the board, and by paying an equal amount into the employers' 1,138
accumulation fund. The member may choose to purchase only part 1,139
of such credit in any one payment, subject to board rule. A 1,140
public employee who acquires service credit in the manner 1,141
prescribed in this division shall receive benefits retroactive to 1,142
the earliest date of his THE EMPLOYEE'S eligibility for 1,143
retirement or disability retirement benefits under section 1,145
29
145.33, 145.34, 145.36, or 145.46 of the Revised Code in a single 1,146
payment.
(B) A public employee who, prior to November 21, 1969, was 1,148
excluded from membership in the public employees retirement 1,149
system because he THE EMPLOYEE was receiving benefits from a 1,150
police relief and pension fund, a firemen's relief and pension 1,153
fund, the OHIO police and firemen's disability and FIRE pension 1,154
fund, or the state highway patrol pension fund may acquire 1,156
service credit for service rendered during such period by paying 1,157
into the employees' savings fund an amount equal to the amount he 1,158
THE EMPLOYEE would have paid into such fund during such period of 1,160
service if deductions had been taken on his THE EMPLOYEE'S 1,161
earnable salary at the member contribution rate in effect during 1,163
such period, plus interest compounded annually on such amount at 1,164
a rate determined by the board and by paying an equal amount into 1,165
the employers' accumulation fund. The member EMPLOYEE may choose 1,167
to purchase only part of such credit in any one payment, subject 1,168
to board rules.
(C) In the event of death or withdrawal from service, the 1,170
payment to the employees' savings fund and the employers' 1,171
accumulation fund for service credit under division (A) or (B) of 1,172
this section shall be considered as accumulated contributions of 1,173
the member. 1,174
Sec. 145.293. (A) Service credit purchased under this 1,183
section shall be included in the member's total service credit. 1,184
Credit may be purchased for the following: 1,185
(1) Service rendered in another state, and service in any 1,187
entity operated by the United States government, that, if served 1,188
in a comparable position in Ohio, would be covered by the public 1,189
employees retirement system, OHIO police and firemen's disability 1,191
and FIRE pension fund, state teachers retirement system, school 1,192
employees retirement system, or state highway patrol retirement 1,193
system;
(2) Service for which contributions were made by the 1,195
30
member or on his THE MEMBER'S behalf to a municipal retirement 1,196
system in this state. 1,197
The number of years purchased under this section shall not 1,199
exceed the lesser of five years or the member's total accumulated 1,200
number of years of Ohio service. 1,201
(B) For each year of service purchased, a member shall pay 1,203
to the public employees retirement system for credit to his THE 1,204
MEMBER'S accumulated account an amount equal to his THE MEMBER'S 1,206
retirement contribution for full-time employment for the first 1,207
year of Ohio service following termination of the service to be 1,208
purchased. To this amount shall be added an amount equal to 1,209
compound interest at a rate established by the public employees 1,210
retirement board from the date of membership in the public 1,211
employees retirement system to date of payment. The member may 1,212
choose to purchase only part of such credit in any one payment, 1,213
subject to board rules. 1,214
(C) A member is ineligible to purchase under this section 1,216
service for which he THE MEMBER has obtained credit under section 1,218
145.44 of the Revised Code or service that is used in the 1,219
calculation of any retirement benefit currently being paid or 1,220
payable in the future to the member under any other retirement 1,221
program except social security. At the time the credit is 1,222
purchased the member shall certify on a form furnished by the 1,223
retirement board that he THE MEMBER does and will conform to this 1,224
requirement.
(D) Credit purchased under this section may be combined 1,226
pursuant to section 145.37 with credit purchased under sections 1,227
3307.32 and 3309.31 of the Revised Code, except that not more 1,228
than an aggregate total of five years' service credit purchased 1,229
under this section and sections 3307.32 and 3309.31 shall be used 1,230
in determining retirement eligibility or calculating benefits 1,231
under section 145.37 of the Revised Code. 1,232
Sec. 145.295. (A) A member of the public employees 1,241
retirement system who has contributions on deposit with, but is 1,243
31
no longer contributing to, the OHIO police and firemen's 1,245
disability and FIRE pension fund or state highway patrol 1,247
retirement system shall, in computing years of service, be given
full credit for service credit earned under Chapter 742. or 5505. 1,249
of the Revised Code or purchased for service in the armed forces
of the United States if a transfer to the public employees 1,250
retirement system is made under this division. At the request of 1,252
the member, the OHIO police and firemen's disability and FIRE 1,254
pension fund or the state highway patrol retirement system shall 1,256
transfer to the public employees retirement system, for each year 1,257
of service, the sum of the following: 1,258
(1) An amount equal to the member's payments for service 1,262
in the armed forces of the United States and accumulated 1,263
contributions to the OHIO police and firemen's disability and 1,264
FIRE pension fund or state highway patrol retirement system; 1,267
(2) An amount equal to the lesser of the employer's 1,269
contributions to the OHIO police and firemen's disability and 1,271
FIRE pension fund or state highway patrol retirement system or 1,272
the amount that would have been contributed by the employer for 1,273
the service had the member been employed by the member's current 1,274
employer as a member of the public employees retirement system; 1,276
(3) Interest, determined as provided in division (G) of 1,279
this section, on the amounts specified in divisions (A)(1) and 1,281
(2) of this section for the period from the last day of the year 1,285
for which the service credit was earned or in which military 1,286
service credit was purchased or obtained to the date the transfer 1,287
is made. 1,288
(B) A member of the public employees retirement system who 1,291
has at least eighteen months of contributing service credit with
the public employees retirement system, who is a former member of 1,292
the OHIO police and firemen's disability and FIRE pension fund or 1,295
state highway patrol retirement system, and who has received a 1,296
refund of the member's accumulated contributions to that fund or 1,297
system shall, in computing years of service, be given full credit 1,298
32
for service credit earned under Chapter 742. or 5505. of the 1,299
Revised Code or purchased for service in the armed forces of the 1,300
United States if, for each year of service, the public employees 1,301
retirement system receives the sum of the following: 1,302
(1) An amount, which shall be paid by the member, equal to 1,305
the amount refunded by the OHIO police and firemen's disability 1,306
and FIRE pension fund or the state highway patrol retirement 1,307
system to the member for that year for accumulated contributions 1,309
and payments for purchase of credit for service in the armed 1,310
forces of the United States, with interest on that amount from 1,312
the date of the refund to the date of the payment; 1,314
(2) Interest, which shall be transferred by the OHIO 1,317
police and firemen's disability and FIRE pension fund or state 1,318
highway patrol retirement system, on the amount refunded to the 1,319
member that is attributable to the year of service from the last 1,321
day of the year for which the service credit was earned or in 1,322
which military service credit was purchased or obtained to the 1,323
date the refund was made; 1,324
(3) An amount, which shall be transferred by the OHIO 1,326
police and firemen's disability and FIRE pension fund or state 1,327
highway patrol retirement system, equal to the lesser of the 1,328
employer's contributions to the OHIO police and firemen's 1,329
disability and FIRE pension fund or state highway patrol 1,331
retirement system for that year or the amount that would have 1,332
been contributed by the employer for the year had the member been 1,333
employed by the member's current employer as a member of the 1,334
public employees retirement system, with interest on that amount 1,335
from the last day of the year for which the service credit was 1,336
earned or in which military service credit was purchased or 1,337
obtained to the date of the transfer. 1,338
On receipt of payment from the member, the public employees 1,341
retirement system shall notify the OHIO police and firemen's 1,342
disability and FIRE pension fund or the state highway patrol 1,343
retirement system, which, on receipt of the notice, shall make 1,344
33
the transfer required by this division. Interest shall be
determined as provided in division (G) of this section. 1,346
(C) A member of the public employees retirement system who 1,349
purchased credit under former division (A)(1) of this section, as 1,351
it existed before August 25, 1995, for service as a member of the 1,352
OHIO police and firemen's disability and FIRE pension fund or 1,353
state highway patrol retirement system may elect to have the 1,356
amount the member paid for this service credit refunded to the
member under this division if the member agrees to repurchase 1,357
this service credit pursuant to division (B) of this section. 1,358
(D) Service credit purchased or otherwise obtained under 1,360
this section shall be considered the equivalent of Ohio service 1,361
credit. 1,362
A member may choose to purchase only part of the credit the 1,365
member is eligible to purchase under division (B) of this section 1,367
in any one payment, subject to rules of the public employees 1,368
retirement board. A member is ineligible to purchase or 1,370
otherwise obtain credit under this section for service to be used 1,371
in calculation of any retirement benefit currently being paid or 1,372
payable to the member in the future. 1,373
(E) If a member of the public employees retirement system 1,375
who is not a current contributor elects to receive credit under 1,376
section 742.379 or 5505.202 of the Revised Code for service for 1,377
which the member contributed to the retirement system or 1,378
purchased credit for service in the armed forces of the United 1,380
States, the retirement system shall transfer to the OHIO police 1,383
and firemen's disability and FIRE pension fund or the state 1,385
highway patrol retirement system, as applicable, the amount 1,386
specified in division (D) of section 742.379 or division (B)(2) 1,388
of section 5505.202 of the Revised Code.
(F) A member of the public employees retirement system who 1,390
earned service credit in the public employees retirement system 1,391
for full-time service as a township or municipal police officer 1,392
and received service credit in the OHIO police and firemen's 1,394
34
disability and FIRE pension fund under section 742.511 or 742.512 1,396
of the Revised Code for such service may elect to have the credit 1,397
restored as public employees retirement system service credit by 1,398
paying the public employees retirement system an amount equal to 1,399
the accumulated contributions paid by the member to the OHIO 1,400
police and firemen's disability and FIRE pension fund under 1,403
section 742.511 or 742.512 of the Revised Code. When such an 1,404
election is made, the OHIO police and firemen's disability and 1,405
FIRE pension fund shall transfer to the public employees 1,408
retirement system the amount previously transferred under section 1,409
742.511 or 742.512 of the Revised Code from the public employees 1,410
retirement system to the OHIO police and firemen's disability and 1,411
FIRE pension fund. 1,412
(G) Interest charged under this section shall be 1,415
calculated separately for each year of service credit at the 1,416
lesser of the actuarial assumption rate for that year of the 1,417
public employees retirement system or of the fund or retirement 1,418
system in which the credit was earned. The interest shall be 1,419
compounded annually. 1,420
Sec. 145.30. (A) As used in this section and section 1,429
145.301 of the Revised Code: 1,430
(1) "Armed forces" of the United States includes the 1,432
following:
(a) Army, navy, air force, marine corps, coast guard, 1,434
auxiliary corps as established by congress, red cross nurse 1,435
serving with the army, navy, air force, or hospital service of 1,436
the United States, army nurse corps, navy nurse corps, full-time 1,437
service with the American red cross in a combat zone, and such 1,438
other service as may be designated by congress as included
therein;
(b) Personnel of the Ohio national guard and the reserve 1,440
components of any of the armed forces enumerated in division 1,441
(A)(1) of this section who are called to active duty pursuant to 1,442
an executive order issued by the president of the United States 1,443
35
or an act of congress;
(c) Persons on whom United States merchant marine veteran 1,445
status has been conferred for service aboard oceangoing merchant 1,446
ships in service to the United States during World War II. 1,447
(2) "State retirement system" means any of the following: 1,449
the OHIO police and firemen's disability and FIRE pension fund, 1,451
public employees retirement system, school employees retirement 1,453
system, state highway patrol retirement system, or the state 1,454
teachers retirement system.
(B) Upon reemployment in the public service and completion 1,456
of one year of service credit as covered by a state retirement 1,457
system or the Cincinnati retirement system, within two years 1,458
after service in the armed forces that is terminated in a manner 1,459
other than as described in section 4304 of Title 38 of the United 1,460
States Code, "Uniformed Services Employment and Reemployment 1,461
Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4304, and
presentation of documentation of the service and subject to rules 1,462
adopted by the retirement board, any member of the public 1,463
employees retirement system who was a member with not less than 1,464
one year of payroll deductions before entering active duty with 1,465
the armed forces and maintained membership in the public
employees retirement system as provided by section 145.41 of the 1,466
Revised Code, and who was or is out of active service as a public 1,467
employee by reason of having become a member of the armed forces 1,468
of the United States on active duty or service shall have such 1,469
service, not in excess of ten years, considered as the equivalent 1,471
of prior service. Service in the armed forces as established by 1,473
documentation of the service, not in excess of ten years, shall
also be considered prior service for a person who was a public 1,474
employee and who has acquired service credit for five years prior 1,475
to, and within the one year preceding, the date of entering on 1,476
active duty in the armed forces of the United States if such 1,477
person was reemployed in the public service within one year after 1,478
service in the armed forces that is terminated in a manner other 1,480
36
than as described in section 4304 of Title 38 of the United
States Code, "Uniformed Services Employment and Reemployment 1,481
Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4304, and 1,482
established total service credit as defined in section 145.01 of 1,483
the Revised Code of twenty years exclusive of credit for service 1,484
in the uniformed services, as defined in section 145.302 of the 1,486
Revised Code. This division shall not serve to cancel any 1,487
military service credit earned or granted prior to November 1, 1,488
1965.
(C) A member of the public employees retirement system is 1,490
ineligible to receive service credit under this section for any 1,491
year of military service credit used in the calculation of any 1,492
retirement benefit currently being paid to the member or payable 1,493
in the future under any other retirement program, except social 1,494
security, or used to obtain service credit pursuant to section
145.301 or 145.302 of the Revised Code. At the time such credit 1,495
is requested, the member shall certify on a form supplied by the 1,496
retirement board that the member does and will conform to this 1,497
requirement. This division does not cancel any military service 1,498
credit earned prior to March 15, 1979.
Sec. 145.31. Except as provided in this section, a member 1,507
or former member of the public employees retirement system with 1,509
at least eighteen months of contributing service credit in this 1,510
system, the state teachers retirement system, the school 1,511
employees retirement system, the OHIO police and firemen's 1,512
disability and FIRE pension fund, or the state highway patrol 1,514
retirement system, after the withdrawal of contributions and 1,515
cancellation of service credit in this system, may restore such 1,516
service credit by redepositing in the employees' savings fund the 1,517
amount withdrawn, with interest on such amount compounded 1,518
annually at a rate to be determined by the public employees 1,519
retirement board from the first day of the month of withdrawal to 1,520
and including the month of redeposit. The member may choose to 1,521
purchase only part of such credit in any one payment, subject to 1,522
37
board rules. The total payment to restore canceled service 1,523
credit, plus any interest credited thereto, shall be considered 1,524
as accumulated contributions of the member. If a former member 1,525
is eligible to buy the service credit as a member of the OHIO 1,526
police and firemen's disability and FIRE pension fund or state 1,527
highway patrol retirement system, the former member is ineligible 1,528
to restore that service credit under this section. 1,529
Any employee who has been refunded the employee's 1,531
accumulated contributions to the public employees retirement 1,532
system solely by reason of membership in a former firemen's 1,533
relief and pension fund or a former police relief and pension 1,534
fund may restore membership in the public employees retirement 1,535
system by redepositing with the system the amount refunded, with 1,536
interest on such amount compounded annually at a rate to be 1,537
determined by the board from the month of refund to and including 1,538
the month of redeposit. The member may choose to purchase only 1,539
part of such credit in any one payment, subject to board rules. 1,540
Sec. 145.38. (A) As used in this section: 1,549
(1) "PERS retirant" means a former member of the public 1,551
employees retirement system who is receiving either of the 1,552
following:
(a) Age and service retirement benefits under section 1,554
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code; 1,555
(b) Age and service retirement benefits paid by the public 1,557
employees retirement system under section 145.37 of the Revised 1,558
Code. 1,559
(2) "Other system retirant" means both of the following: 1,561
(a) A member or former member of the OHIO police and 1,563
firemen's disability and FIRE pension fund, state teachers 1,565
retirement system, school employees retirement system, state 1,566
highway patrol retirement system, or Cincinnati retirement system 1,567
who is receiving age and service or commuted age and service 1,568
retirement benefits or a disability benefit from a system of 1,569
which the person is a member or former member; 1,570
38
(b) A member or former member of the public employees 1,572
retirement system who is receiving age and service retirement 1,573
benefits or a disability benefit under section 145.37 of the 1,574
Revised Code paid by the school employees retirement system or 1,575
the state teachers retirement system. 1,576
(B)(1) Subject to this section, a PERS retirant or other 1,578
system retirant may be employed by a public employer. If so 1,579
employed, the PERS retirant or other system retirant shall 1,580
contribute to the public employees retirement system in 1,581
accordance with section 145.47 of the Revised Code, and the 1,582
employer shall make contributions in accordance with section 1,583
145.48 of the Revised Code. 1,584
(2) A public employer that employs a PERS retirant or 1,586
other system retirant, or enters into a contract for services as 1,587
an independent contractor with a PERS retirant who was employed 1,588
by the public employer at the time of the retirant's retirement 1,590
shall notify the retirement board of the employment or contract
not later than the end of the month in which the employment or 1,591
contract commences. Any overpayment of benefits to a PERS 1,592
retirant by the retirement system resulting from delay or failure 1,593
of the employer to give the notice shall be repaid to the 1,594
retirement system by the employer. 1,595
(3) On receipt of notice from a public employer that a 1,597
person who is an other system retirant has been employed, the 1,598
retirement system shall notify the retirement system of which the 1,599
other system retirant was a member of such employment. 1,600
(4)(a) A PERS retirant who has received a retirement 1,602
allowance for less than six months when employment subject to 1,603
this section commences shall forfeit the retirement allowance for 1,604
the period that begins on the date the employment commences and 1,605
ends on the date that is six months after the date on which the 1,606
retirement allowance commenced. Service and contributions for 1,607
that period shall not be included in calculation of any benefits 1,608
payable to the PERS retirant and those contributions shall be 1,609
39
refunded on the retirant's death or termination of the 1,610
employment. For purposes of this division, "employment" shall 1,611
include service for which the retirant or the retirant's 1,612
employer, or both, have waived any earnable salary for such 1,613
service.
(b) An other system retirant who has received a retirement 1,615
allowance or disability benefit for less than two months when 1,617
employment subject to this section commences shall forfeit the 1,618
retirement allowance or disability benefit for the period that 1,619
begins on the date the employment commences and ends on the date 1,620
that is two months after the date on which the retirement 1,621
allowance or disability benefit commenced. Service and 1,622
contributions for that period shall not be included in the
calculation of any benefits payable to the other system retirant 1,623
and those contributions shall be refunded on the retirant's death 1,625
or termination of the employment.
(5) On receipt of notice from the OHIO police and 1,627
firemen's disability and FIRE pension fund, school employees 1,629
retirement system, or state teachers retirement system of the 1,631
re-employment of a PERS retirant, the public employees retirement 1,632
system shall not pay, or if paid, shall recover, the amount to be 1,633
forfeited by the PERS retirant in accordance with section 742.26, 1,634
3307.381, or 3309.341 of the Revised Code. 1,635
(6) A PERS retirant who enters into a contract to provide 1,637
services as an independent contractor to the employer by which 1,638
the retirant was employed at the time of retirement or, less than 1,640
two months after the retirement allowance commences, begins
providing services as an independent contractor pursuant to a 1,641
contract with another public employer, shall forfeit the pension 1,642
portion of the retirement benefit for the period beginning the 1,643
first day of the month following the month in which the services 1,644
begin and ending on the first day of the month following the 1,645
month in which the services end. The annuity portion of the 1,646
retirement allowance shall be suspended on the day services under 1,647
40
the contract begin and shall accumulate to the credit of the 1,648
retirant to be paid in a single payment after services provided 1,649
under the contract terminate. A PERS retirant subject to 1,650
division (B)(6) of this section shall not contribute to the 1,651
retirement system and shall not become a member of the system. 1,652
(C)(1) Except as provided in division (C)(4) of this 1,654
section, a PERS retirant employed pursuant to this section shall 1,656
elect one of the following:
(a) To receive both compensation for the employment and a 1,659
retirement allowance;
(b) To receive compensation for the employment and forfeit 1,662
the pension portion of the retirement allowance.
(2) A PERS retirant who is described in division (C)(4) of 1,665
this section or elects to forfeit the pension portion of the 1,666
retirement allowance under division (C)(1)(b) of this section 1,667
shall become a new member of the public employees retirement 1,668
system with all the rights, privileges, and obligations of 1,669
membership, except that the new membership does not include 1,670
survivor benefits provided pursuant to section 145.45 of the 1,671
Revised Code. The pension portion of the PERS retirant's
retirement allowance shall cease on the first day of the first 1,672
month following commencement of the employment and shall 1,673
thereafter be forfeited until the first day of the first month 1,674
following termination of the employment. The annuity portion of 1,675
the retirement allowance shall be suspended on the first day of 1,676
the first month following commencement of the employment and 1,677
shall thereafter accumulate to the credit of the PERS retirant to 1,678
be paid in a single payment after termination of the employment. 1,679
The retirement allowance shall resume on the first day of the 1,680
first month following termination of the employment. On 1,681
termination of the employment, the PERS retirant shall elect to 1,682
receive either a refund of the retirant's contributions to the 1,684
retirement system during the period of employment subject to this 1,685
section or a supplemental retirement allowance based on the 1,686
41
retirant's contributions and service credit for that period of 1,687
employment.
(3) Except as provided in division (B)(4) of this section, 1,689
there shall be no suspension or forfeiture of any portion of the 1,690
retirement allowance payable to other system retirants or to PERS 1,691
retirants who make an election under division (C)(1)(a) of this 1,692
section. 1,693
(4) A PERS retirant shall elect division (C)(1)(b) of this 1,696
section if both of the following apply:
(a) The retirant held elective office in this state, or in 1,698
any municipal corporation, county, or other subdivision of this 1,699
state at the time of retirement under Chapter 145. of the Revised 1,700
Code;
(b) The retirant was elected or appointed to the same 1,702
office for the remainder of the term or the term immediately 1,703
following the term during which the retirement occurred. 1,704
(D)(1) On termination of employment under this section, 1,706
the PERS retirant who makes an election under division (C)(1)(a) 1,707
of this section or other system retirant may file an application 1,708
with the public employees retirement system for a benefit under 1,709
this division, which shall consist of a single life annuity 1,710
having a reserve equal to the amount of the retirant's 1,711
accumulated contributions for the period of employment and an 1,712
equal amount of the employer's contributions. The PERS retirant 1,713
or other system retirant shall elect either to receive the 1,714
benefit as a monthly annuity for life or a lump-sum payment 1,715
discounted to the present value using the current actuarial 1,716
assumption rate of interest, except that if the monthly annuity 1,717
would be less than twenty-five dollars per month, the retirant 1,718
shall receive a lump-sum payment. 1,719
(2) A benefit payable under this division shall commence 1,721
on the latest of the following: 1,722
(a) The last day for which compensation for employment 1,724
subject to this section was paid; 1,725
42
(b) Attainment by the PERS retirant or other system 1,727
retirant of age sixty-five; 1,728
(c) If the PERS retirant or other system retirant was 1,730
previously employed under this section and is receiving or 1,731
previously received a benefit under this division, completion of 1,732
a period of twelve months since the effective date of the last 1,733
benefit under this division. 1,734
(3)(a) If a PERS retirant or other system retirant dies 1,736
while employed in employment subject to this section, a lump-sum 1,737
payment calculated in accordance with division (D)(1) of this 1,738
section shall be paid to the retirant's beneficiary under 1,739
division (G) of this section. 1,740
(b) If at the time of death a PERS retirant or other 1,742
system retirant receiving a monthly annuity has received less 1,743
than the retirant would have received as a lump-sum payment, the 1,745
difference between the amount received and the amount that would 1,746
have been received as a lump-sum payment shall be paid to the 1,747
retirant's beneficiary under division (G) of this section. 1,748
(4)(a) A PERS retirant or other system retirant subject to 1,750
this division is not a member of the public employees retirement 1,751
system, does not have any of the rights, privileges, or 1,752
obligations of membership, except as specified in this section, 1,753
and, except as specified in division (D)(4)(b) of this section, 1,754
is not eligible to receive health, medical, hospital, or surgical 1,755
benefits under section 145.58 of the Revised Code for employment 1,756
subject to this section. No amount received under this division 1,757
shall be included in determining an additional benefit under 1,758
section 145.323 of the Revised Code or any other post-retirement 1,759
benefit increase. 1,760
(b) A PERS retirant who makes an election under division 1,762
(C)(1)(a) of this section shall receive primary health, medical, 1,763
hospital, or surgical insurance coverage from the retirant's 1,764
employer, if the employer provides coverage to other employees 1,765
performing comparable work. Neither the employer nor the PERS 1,766
43
retirant may waive the employer's coverage, except that the PERS 1,767
retirant may waive the employer's coverage if the retirant has 1,768
coverage comparable to that provided by the employer from a 1,769
source other than the employer or the public employees retirement 1,770
system. If a claim is made, the employer's coverage shall be the 1,771
primary coverage and shall pay first. The benefits provided 1,772
under section 145.58 of the Revised Code shall pay only those 1,773
medical expenses not paid through the employer's coverage or 1,774
coverage the PERS retirant receives through a source other than 1,775
the retirement system. 1,776
(E) If the disability benefit of an other system retirant 1,778
employed under this section is terminated, the retirant shall 1,779
become a member of the public employees retirement system, 1,780
effective on the first day of the month next following the 1,781
termination with all the rights, privileges, and obligations of 1,782
membership. If such person, after the termination of the 1,783
disability benefit, earns two years of service credit under this 1,784
system or under the OHIO police and firemen's disability and FIRE 1,785
pension fund, state teachers retirement system, school employees 1,787
retirement system, or state highway patrol retirement system, the 1,788
person's prior contributions as an other system retirant under 1,789
this section shall be included in the person's total service 1,790
credit as a public employees retirement system member, and the 1,791
person shall forfeit all rights and benefits of this section. 1,792
Not more than one year of credit may be given for any period of 1,793
twelve months.
(F) A PERS retirant who performs services for a public 1,795
employer as an independent contractor pursuant to a contract with 1,796
the employer shall not make contributions to the public employees 1,797
retirement system or become a member of the system. Except as 1,798
provided in division (B)(6) of this section, there shall be no 1,799
suspension or forfeiture of the retirant's retirement allowance. 1,800
(G) A PERS retirant or other system retirant employed 1,802
under this section may designate one or more persons as 1,803
44
beneficiary to receive any benefits payable under this section 1,804
due to death. The designation shall be in writing duly executed 1,806
on a form provided by the public employees retirement board, 1,807
signed by the PERS retirant or other system retirant, and filed 1,808
with the board prior to death. The last designation of a 1,809
beneficiary revokes all previous designations. The PERS
retirant's or other system retirant's marriage, divorce, marriage 1,810
dissolution, legal separation, withdrawal of account, birth of a 1,812
child, or adoption of a child revokes all previous designations. 1,813
If there is no designated beneficiary, the beneficiary is the 1,814
beneficiary determined under division (D) of section 145.43 of 1,815
the Revised Code. If any benefit payable under this section due 1,816
to the death of a PERS retirant or other system retirant is not 1,817
claimed by a beneficiary within five years after the death, the 1,818
amount payable shall be transferred to the income fund and 1,819
thereafter paid to the beneficiary or the estate of the PERS 1,820
retirant or other system retirant on application to the board.
(H) This section does not affect the receipt of benefits 1,822
by or eligibility for benefits of any person who on August 20, 1,823
1976, was receiving a disability benefit or service retirement 1,824
pension or allowance from a state or municipal retirement system 1,825
in Ohio and was a member of any other state or municipal 1,826
retirement system of this state. 1,827
(I) The public employees retirement board may adopt rules 1,829
to carry out this section. 1,830
Sec. 145.58. (A) As used in this section, "ineligible 1,839
individual" means all of the following: 1,840
(1) A former member receiving benefits pursuant to section 1,842
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code 1,843
for whom eligibility is established more than five years after 1,844
June 13, 1981, and who, at the time of establishing eligibility, 1,845
has accrued less than ten years' service credit, exclusive of 1,846
credit obtained pursuant to section 145.297 or 145.298 of the 1,847
Revised Code, credit obtained after January 29, 1981, pursuant to 1,848
45
section 145.293 or 145.301 of the Revised Code, and credit 1,849
obtained after May 4, 1992, pursuant to section 145.28 of the 1,850
Revised Code; 1,851
(2) The spouse of the former member; 1,853
(3) The beneficiary of the former member receiving 1,855
benefits pursuant to section 145.46 of the Revised Code. 1,856
(B) The public employees retirement board may enter into 1,858
agreements with insurance companies, health insuring 1,860
corporations, or government agencies authorized to do business in 1,862
the state for issuance of a policy or contract of health, 1,863
medical, hospital, or surgical benefits, or any combination 1,864
thereof, for those individuals receiving age and service 1,866
retirement or a disability or survivor benefit subscribing to the 1,867
plan, or for PERS retirants employed under section 145.38 of the 1,868
Revised Code, for coverage of benefits in accordance with 1,869
division (D)(4)(b) of section 145.38 of the Revised Code. 1,870
Notwithstanding any other provision of this chapter, the policy 1,871
or contract may also include coverage for any eligible
individual's spouse and dependent children and for any of the 1,873
individual's sponsored dependents as the board determines 1,874
appropriate. If all or any portion of the policy or contract 1,875
premium is to be paid by any individual receiving age and service 1,876
retirement or a disability or survivor benefit, the individual 1,878
shall, by written authorization, instruct the board to deduct the 1,880
premium agreed to be paid by the individual to the company, 1,882
corporation, or agency.
The board may contract for coverage on the basis of part or 1,885
all of the cost of the coverage to be paid from appropriate funds 1,886
of the public employees retirement system. The cost paid from 1,887
the funds of the system shall be included in the employer's 1,889
contribution rate provided by sections 145.48 and 145.51 of the 1,890
Revised Code. The board may by rule provide coverage to 1,891
ineligible individuals if the coverage is provided at no cost to 1,892
the retirement system. The board shall not pay or reimburse the 1,893
46
cost for coverage under this section or section 145.325 of the 1,894
Revised Code for any ineligible individual.
The board may provide for self-insurance of risk or level 1,896
of risk as set forth in the contract with the companies, 1,897
corporations, or agencies, and may provide through the 1,898
self-insurance method specific benefits as authorized by rules of 1,899
the board. 1,900
(C) If the board provides health, medical, hospital, or 1,902
surgical benefits through any means other than a health insuring 1,904
corporation, it shall offer to each individual eligible for the 1,907
benefits the alternative of receiving benefits through enrollment 1,909
in a health insuring corporation, if all of the following apply: 1,911
(1) The health insuring corporation provides services in 1,915
the geographical area in which the individual lives; 1,916
(2) The eligible individual was receiving health care 1,918
benefits through a health maintenance organization or a health 1,920
insuring corporation before retirement; 1,921
(3) The rate and coverage provided by the health insuring 1,924
corporation to eligible individuals is comparable to that 1,927
currently provided by the board under division (B) of this
section. If the rate or coverage provided by the health insuring 1,929
corporation is not comparable to that currently provided by the 1,931
board under division (B) of this section, the board may deduct 1,932
the additional cost from the eligible individual's monthly 1,933
benefit.
The health insuring corporation shall accept as an enrollee 1,937
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 1,939
from one plan to another at least once a year at a time 1,941
determined by the board. 1,942
(D) The board shall, beginning the month following receipt 1,944
of satisfactory evidence of the payment for coverage, pay monthly 1,945
to each recipient of service retirement, or a disability or 1,946
survivor benefit under the public employees retirement system who 1,947
47
is eligible for medical insurance coverage under part B of Title 1,948
XVIII of "The Social Security Act," 79 Stat. 301 (1965), 42 1,949
U.S.C.A. 1395j, as amended, an amount equal to the basic premium 1,950
for such coverage, except that the board shall make no such 1,952
payment to any ineligible individual.
(E) The board shall establish by rule requirements for the 1,954
coordination of any coverage, payment, or benefit provided under 1,956
this section or section 145.325 of the Revised Code with any 1,957
similar coverage, payment, or benefit made available to the same 1,959
individual by the OHIO police and firemen's disability and FIRE 1,960
pension fund, state teachers retirement system, school employees 1,961
retirement system, or state highway patrol retirement system. 1,962
(F) The board shall make all other necessary rules 1,966
pursuant to the purpose and intent of this section. 1,967
Sec. 145.581. (A) As used in this section: 1,976
(1) "Long-term care insurance" has the same meaning as in 1,978
section 3923.41 of the Revised Code. 1,979
(2) "Retirement systems" means the public employees 1,981
retirement system, the OHIO police and firemen's disability and 1,983
FIRE pension fund, the state teachers retirement system, the 1,984
school employees retirement system, and the state highway patrol 1,985
retirement system. 1,986
(B) The public employees retirement board shall establish 1,988
a long-term care insurance program consisting of the programs 1,989
authorized by divisions (C) and (D) of this section. Such 1,990
program may be established independently or jointly with one or 1,991
more of the other retirement systems. If the program is 1,992
established jointly, the board shall adopt rules in accordance 1,993
with section 111.15 of the Revised Code to establish the terms 1,994
and conditions of such joint participation. 1,995
(C) The board shall establish a program under which it 1,997
makes long-term care insurance available to any person who 1,998
participated in a policy of long-term care insurance for which 1,999
the state or a political subdivision contracted under section 2,000
48
124.84 or 124.841 of the Revised Code and is the recipient of a 2,001
pension, benefit, or allowance from the system. To implement the 2,002
program under this division, the board, subject to division (E) 2,003
of this section, may enter into an agreement with the insurance 2,004
company, health insuring corporation, or government agency that 2,006
provided the insurance. The board shall, under any such 2,007
agreement, deduct the full premium charged from the person's 2,008
benefit, pension, or allowance notwithstanding any employer 2,009
agreement to the contrary.
Any long-term care insurance policy entered into under this 2,011
division is subject to division (C) of section 124.84 of the 2,012
Revised Code. 2,013
(D)(1) The board, subject to division (E) of this section, 2,015
shall establish a program under which a recipient of a pension, 2,016
benefit, or allowance from the system who is not eligible for 2,017
such insurance under division (C) of this section may participate 2,018
in a contract for long-term care insurance. Participation may 2,019
include the recipient's dependents and family members. 2,020
(2) The board shall adopt rules in accordance with section 2,022
111.15 of the Revised Code governing the program. The rules 2,023
shall establish methods of payment for participation under this 2,024
section, which may include deduction of the full premium charged 2,025
from a recipient's pension, benefit, or allowance, or any other 2,026
method of payment considered appropriate by the board. 2,027
(E) Prior to entering into any agreement or contract with 2,029
an insurance company or health insuring corporation for the 2,031
purchase of, or participation in, a long-term care insurance 2,032
policy under this section, the board shall request the 2,033
superintendent of insurance to certify the financial condition of 2,034
the company or corporation. The board shall not enter into the 2,035
agreement or contract if, according to that certification, the 2,037
company or corporation is insolvent, is determined by the 2,038
superintendent to be potentially unable to fulfill its 2,039
contractual obligations, or is placed under an order of 2,040
49
rehabilitation or conservation by a court of competent 2,041
jurisdiction or under an order of supervision by the 2,042
superintendent. 2,043
Sec. 146.01. As used in sections 146.01 to 146.19 of the 2,052
Revised Code: 2,053
(A) "Fire department" means a volunteer fire department, a 2,055
fire department of a political subdivision or fire district of 2,056
this state, or a private volunteer company that has elected to 2,057
participate in the volunteer fire fighters' dependents fund 2,059
pursuant to section 146.02 of the Revised Code. 2,060
(B)(1) "Volunteer fire fighter FIREFIGHTER" means both of 2,062
the following, subject to division (B)(2) of this section: 2,063
(a) A duly appointed member of a fire department on either 2,065
a nonpay or part-pay basis who is ineligible to be a member of 2,066
the OHIO police and firemen's disability and FIRE pension fund, 2,069
or whose employment as a fire fighter FIREFIGHTER does not in 2,070
itself qualify any such person for membership in the public 2,072
employees retirement system, or who has waived membership in the 2,073
public employees retirement system; 2,074
(b) Fire fighters FIREFIGHTERS drafted, requisitioned, or 2,076
appointed to serve in an emergency. 2,078
(2)(a) A volunteer fire fighter FIREFIGHTER who is a 2,080
member of the public employees retirement system shall be 2,082
considered a volunteer fire fighter FIREFIGHTER for purposes of 2,083
this chapter, and in particular, for purposes of divisions (A) 2,085
and (B) of section 146.12 of the Revised Code until he THE 2,086
FIREFIGHTER has at least one and one-half years of Ohio service 2,088
credit for purposes of division (B) of section 145.45 of the 2,089
Revised Code;
(b) A volunteer fire fighter FIREFIGHTER who is a member 2,091
of the public employees retirement system shall be considered a 2,093
volunteer fire fighter FIREFIGHTER for purposes of this chapter 2,094
and, in particular, for purposes of division (C) of section 2,096
146.12 of the Revised Code until this person THE FIREFIGHTER has 2,097
50
at least five years of total service credit for purposes of 2,099
sections 145.35 and 145.36 or section 145.361 of the Revised 2,100
Code.
(C) "Private volunteer fire company" means a company of 2,102
trained volunteer fire fighters FIREFIGHTERS having a contract to 2,104
furnish fire protection or emergency service or both to a 2,105
political subdivision or fire district of this state. 2,106
(D) "Member of the fund" includes a political subdivision 2,108
or fire district of this state that maintains in whole or in part 2,109
a volunteer fire department or employs volunteer fire fighters 2,110
FIREFIGHTERS, and a private volunteer fire company that has 2,111
elected to participate in the volunteer fire fighters' dependents 2,112
fund.
(E) "Dependent" means the surviving spouse or child under 2,114
eighteen years of age of a volunteer fire fighter FIREFIGHTER 2,115
regardless of financial status. 2,116
(F) "Volunteer fire fighters' dependents fund" means the 2,118
fund established by section 146.07 of the Revised Code. 2,119
(G) "Totally and permanently disabled" means that a 2,121
volunteer fire fighter FIREFIGHTER is unable to engage in any 2,122
substantial gainful employment for a period of not less than 2,124
twelve months by reason of a medically determinable physical 2,125
impairment that is permanent or presumed to be permanent. 2,126
Sec. 154.13. Obligations issued under this chapter are 2,135
lawful investments for banks, societies for savings, savings and 2,136
loan associations, deposit guarantee associations, trust 2,137
companies, trustees, fiduciaries, insurance companies, including 2,138
domestic for life and domestic not for life, trustees or other 2,139
officers having charge of sinking and bond retirement or other 2,140
special funds of political subdivisions and taxing districts of 2,141
this state, the commissioners of the sinking fund of the state, 2,142
the administrator of workers' compensation, the state teachers 2,143
retirement system, the public employees retirement system, the 2,144
public school employees retirement system, and the OHIO police 2,146
51
and firemen's disability and FIRE pension fund, notwithstanding 2,148
any other provisions of the Revised Code with respect to 2,149
investments by them, and also are acceptable as security for the 2,150
deposit of public moneys. 2,151
Sec. 164.09. (A) The issuer is authorized to issue and 2,158
sell, as provided in this section and in amounts from time to 2,159
time authorized by the general assembly, general obligations of 2,160
this state for the purpose of financing or assisting in the 2,161
financing of the costs of public infrastructure capital 2,162
improvements for local subdivisions. The full faith and credit, 2,164
revenues, and taxing power of the state are and shall be pledged 2,165
to the timely payment of bond service charges on outstanding 2,166
obligations, all in accordance with Section 2k or 2m of Article 2,167
VIII, Ohio Constitution and sections 164.09 to 164.12 of the 2,168
Revised Code, excluding from that pledge fees, excises, or taxes 2,169
relating to the registration, operation, or use of vehicles on 2,170
the public highways, or to fuels used for propelling those
vehicles, and so long as such obligations are outstanding there 2,171
shall be levied and collected excises and taxes, excluding those 2,172
excepted above, in amounts sufficient to pay the bond service 2,173
charges on such obligations and costs relating to credit 2,174
facilities. 2,175
(B)(1) The total principal amount of obligations issued 2,177
pursuant to Section 2k of Article VIII, Ohio Constitution shall 2,178
not exceed one billion two hundred million dollars, and not more 2,179
than one hundred twenty million dollars in principal amount of 2,180
obligations may be issued in any calendar year, all determined as 2,181
provided in sections 164.09 to 164.12 of the Revised Code. 2,183
(2) The total principal amount of obligations issued for 2,186
the purposes of this section pursuant to Section 2m of Article 2,187
VIII, Ohio Constitution, shall not exceed one billion two hundred 2,188
million dollars. Not more than one hundred twenty million 2,189
dollars in principal amount of such obligations, plus the 2,190
principal amount of such obligations that in any prior fiscal 2,191
52
years could have been but were not issued within the 2,192
one-hundred-twenty-million-dollar fiscal year limit, may be
issued in any fiscal year. No obligations shall be issued for 2,193
the purposes of this section pursuant to Section 2m of Article 2,194
VIII, Ohio Constitution, until at least one billion one hundred 2,195
ninety-nine million five hundred thousand dollars aggregate 2,196
principal amount of obligations have been issued pursuant to
Section 2k of Article VIII, Ohio Constitution. The amounts 2,197
specified under division (B)(2) of this section shall be 2,198
determined as provided in sections 164.09 to 164.12 of the 2,200
Revised Code. 2,201
(C) Each issue of obligations shall be authorized by order 2,203
of the issuer. The bond proceedings shall provide for the 2,204
principal amount or maximum principal amount of obligations of an 2,205
issue, and shall provide for or authorize the manner or agency 2,206
for determining the principal maturity or maturities, not 2,207
exceeding the earlier of thirty years from the date of issuance 2,208
of the particular obligations or thirty years from the date the 2,209
debt represented by the particular obligations was originally 2,210
contracted, the interest rate or rates, the date of and the dates 2,211
of payment of interest on the obligations, their denominations, 2,212
and the establishment within or without the state of a place or 2,213
places of payment of bond service charges. Sections 9.96 and 2,214
9.98 to 9.983 of the Revised Code are applicable to the 2,215
obligations. The purpose of the obligations may be stated in the 2,216
bond proceedings as "financing or assisting in the financing of 2,217
local subdivisions capital improvement projects." 2,218
(D) The proceeds of the obligations, except for any 2,220
portion to be deposited in special funds, or in escrow funds for 2,221
the purpose of refunding outstanding obligations, all as may be 2,222
provided in the bond proceedings, shall be deposited to the state 2,223
capital improvements fund established by section 164.08 of the 2,224
Revised Code. 2,225
(E) The issuer may appoint paying agents, bond registrars, 2,227
53
securities depositories, and transfer agents, and may retain the 2,228
services of financial advisers and accounting experts, and retain 2,229
or contract for the services of marketing, remarketing, indexing, 2,230
and administrative agents, other consultants, and independent 2,231
contractors, including printing services, as are necessary in the 2,232
issuer's judgment to carry out sections 164.01 to 164.12 of the 2,233
Revised Code. Financing costs are payable, as provided in the 2,234
bond proceedings, from the proceeds of the obligations, from 2,235
special funds, or from other moneys available for the purpose. 2,236
(F) The bond proceedings, including any trust agreement, 2,238
may contain additional provisions customary or appropriate to the 2,239
financing or to the obligations or to particular obligations, 2,240
including but not limited to: 2,241
(1) The redemption of obligations prior to maturity at the 2,243
option of the state or of the holder or upon the occurrence of 2,244
certain conditions at such price or prices and under such terms 2,245
and conditions as are provided in the bond proceedings; 2,246
(2) The form of and other terms of the obligations; 2,248
(3) The establishment, deposit, investment, and 2,250
application of special funds, and the safeguarding of moneys on 2,251
hand or on deposit, without regard to Chapter 131. or 135. of the 2,252
Revised Code, but subject to any special provisions of this 2,253
section with respect to particular funds or moneys, and provided 2,254
that any bank or trust company that acts as a depository of any 2,255
moneys in special funds may furnish such indemnifying bonds or 2,256
may pledge such securities as required by the issuer; 2,257
(4) Any or every provision of the bond proceedings binding 2,259
upon the issuer and such state agency or local subdivision, 2,260
officer, board, commission, authority, agency, department, or 2,261
other person or body as may from time to time have the authority 2,262
under law to take such actions as may be necessary to perform all 2,263
or any part of the duty required by such provision; 2,264
(5) The maintenance of each pledge, any trust agreement, 2,266
or other instrument comprising part of the bond proceedings until 2,267
54
the state has fully paid or provided for the payment of the bond 2,268
service charges on the obligations or met other stated 2,269
conditions; 2,270
(6) In the event of default in any payments required to be 2,272
made by the bond proceedings, or any other agreement of the 2,273
issuer made as a part of a contract under which the obligations 2,274
were issued or secured, the enforcement of such payments or 2,275
agreements by mandamus, suit in equity, action at law, or any 2,276
combination of the foregoing; 2,277
(7) The rights and remedies of the holders of obligations 2,279
and of the trustee under any trust agreement, and provisions for 2,280
protecting and enforcing them, including limitations on rights of 2,281
individual holders of obligations; 2,282
(8) The replacement of any obligations that become 2,284
mutilated or are destroyed, lost, or stolen; 2,285
(9) Provision for the funding, refunding, or advance 2,287
refunding or other provision for payment of obligations which 2,288
will then no longer be outstanding for purposes of this section 2,289
or of the bond proceedings; 2,290
(10) Any provision that may be made in bond proceedings or 2,293
a trust agreement, including provision for amendment of the bond 2,294
proceedings;
(11) Such other provisions as the issuer determines, 2,296
including limitations, conditions, or qualifications relating to 2,297
any of the foregoing; 2,298
(12) Any other or additional agreements with the holders 2,300
of the obligations relating to the obligations or the security 2,301
for the obligations. 2,302
(G) The great seal of the state or a facsimile of that 2,304
seal may be affixed to or printed on the obligations. The 2,305
obligations requiring signature by the issuer shall be signed by 2,306
or bear the facsimile signature of the issuer as provided in the 2,307
bond proceedings. Any obligations may be signed by the person 2,308
who, on the date of execution, is the authorized signer although 2,309
55
on the date of such obligations such person was not the issuer. 2,310
In case the person whose signature or a facsimile of whose 2,311
signature appears on any obligation ceases to be the issuer 2,312
before delivery of the obligation, such signature or facsimile is 2,313
nevertheless valid and sufficient for all purposes as if the 2,314
person had remained the member until such delivery, and in case 2,316
the seal to be affixed to or printed on obligations has been 2,317
changed after the seal has been affixed to or a facsimile of the 2,318
seal has been printed on the obligations, that seal or facsimile 2,319
seal shall continue to be sufficient as to those obligations and 2,320
obligations issued in substitution or exchange therefor. 2,321
(H) The obligations are negotiable instruments and 2,323
securities under Chapter 1308. of the Revised Code, subject to 2,324
the provisions of the bond proceedings as to registration. 2,325
Obligations may be issued in coupon or in fully registered form, 2,326
or both, as the issuer determines. Provision may be made for the 2,327
registration of any obligations with coupons attached as to 2,328
principal alone or as to both principal and interest, their 2,329
exchange for obligations so registered, and for the conversion or 2,330
reconversion into obligations with coupons attached of any 2,331
obligations registered as to both principal and interest, and for 2,332
reasonable charges for such registration, exchange, conversion, 2,333
and reconversion. Pending preparation of definitive obligations, 2,334
the issuer may issue interim receipts or certificates which shall 2,335
be exchanged for such definitive obligations. 2,336
(I) Obligations may be sold at public sale or at private 2,338
sale, and at such price at, above, or below par, as determined by 2,339
the issuer in the bond proceedings. 2,340
(J) In the discretion of the issuer, obligations may be 2,342
secured additionally by a trust agreement between the state and a 2,343
corporate trustee which may be any trust company or bank having 2,344
its principal place of business within the state. Any trust 2,345
agreement may contain the order authorizing the issuance of the 2,346
obligations, any provisions that may be contained in the bond 2,347
56
proceedings, and other provisions that are customary or 2,348
appropriate in an agreement of the type. 2,349
(K) Except to the extent that their rights are restricted 2,351
by the bond proceedings, any holder of obligations, or a trustee 2,352
under the bond proceedings, may by any suitable form of legal 2,353
proceedings protect and enforce any rights under the laws of this 2,354
state or granted by the bond proceedings. Such rights include 2,355
the right to compel the performance of all duties of the issuer 2,356
and the state. Each duty of the issuer and the issuer's 2,357
employees, and of each state agency and local public entity and 2,358
its officers, members, or employees, undertaken pursuant to the 2,359
bond proceedings, is hereby established as a duty of the issuer, 2,360
and of each such agency, local subdivision, officer, member, or 2,361
employee having authority to perform such duty, specifically 2,362
enjoined by the law and resulting from an office, trust, or 2,363
station within the meaning of section 2731.01 of the Revised 2,364
Code. The persons who are at the time the issuer, or the 2,365
issuer's employees, are not liable in their personal capacities 2,366
on any obligations or any agreements of or with the issuer 2,367
relating to obligations or under the bond proceedings. 2,368
(L) The issuer may authorize and issue obligations for the 2,370
refunding, including funding and retirement, and advance 2,371
refunding with or without payment or redemption prior to 2,372
maturity, of any obligations previously issued. Such refunding 2,373
obligations may be issued in amounts sufficient to pay or to 2,374
provide for payment of the principal amount, including principal 2,375
amounts maturing prior to the redemption of the remaining 2,376
obligations, any redemption premium, and interest accrued or to 2,377
accrue to the maturity or redemption date or dates, payable on 2,378
the refunded obligations, and related financing costs and any 2,379
expenses incurred or to be incurred in connection with such 2,380
issuance and refunding. Subject to the bond proceedings 2,381
therefor, the portion of the proceeds of the sale of refunding 2,382
obligations issued under this division to be applied to bond 2,383
57
service charges on the prior obligations shall be credited to an 2,384
appropriate separate account in the bond service fund and held in 2,385
trust for the purpose by the commissioners of the sinking fund or 2,386
by a corporate trustee. Obligations authorized under this 2,387
division shall be considered to be issued for those purposes for 2,388
which such prior obligations were issued, and, except as 2,389
otherwise provided in sections 164.09 to 164.12 of the Revised 2,390
Code are subject to the provisions of sections 164.09 to 164.12 2,391
of the Revised Code pertaining to other obligations. 2,392
(M) The issuer may authorize and issue obligations in the 2,394
form of bond anticipation notes and renew those notes from time 2,395
to time by the issuance of new notes. The holders of such notes 2,396
or appertaining interest coupons have the right to have bond 2,397
service charges on those notes paid solely from the moneys and 2,398
special funds that are or may be pledged to the payment of bond 2,399
service charges on those notes, including the proceeds of such 2,400
bonds or renewal notes, or both, as the issuer provides in the 2,401
bond proceedings authorizing the notes. Such notes may be 2,402
additionally secured by covenants of the issuer to the effect 2,403
that the issuer and the state will do any or all things necessary 2,405
for the issuance of bonds or renewal notes in appropriate amount, 2,406
and apply the proceeds thereof to the extent necessary, to make 2,407
full and timely payment of the principal of and interest on such 2,408
notes as provided in such bond proceedings. For such purposes, 2,409
the issuer may issue bonds or renewal notes in such principal 2,410
amount and upon such terms as may be necessary to provide moneys 2,411
to pay when due the principal of and interest on such notes. 2,412
Except as otherwise provided in sections 164.08 to 164.12 of the 2,413
Revised Code, notes authorized pursuant to this division are 2,414
subject to sections 164.08 to 164.12 of the Revised Code 2,415
pertaining to other obligations.
The issuer in the bond proceedings authorizing the issuance 2,417
of bond anticipation notes shall set forth for the bonds 2,418
anticipated by such notes an estimated schedule of annual 2,419
58
principal payments for such bonds over a period of thirty years 2,420
from the earlier of the date of issuance of the notes or the date 2,421
of original issuance of prior notes in anticipation of those 2,422
bonds. While the notes are outstanding there shall be deposited, 2,423
as shall be provided in the bond proceedings for those notes, 2,424
from the sources authorized for payment of bond service charges 2,425
on the bonds, amounts sufficient to pay the principal of the 2,426
bonds anticipated as set forth in that estimated schedule during 2,427
the time the notes are outstanding, which amounts shall be used 2,428
solely to pay the principal of those notes or of the bonds 2,429
anticipated. 2,430
(N) Refunding or renewal obligations issued pursuant to 2,432
division (L) or (M) of this section shall not be counted against 2,433
the limitations on principal amount provided for in divisions 2,435
(B)(1) and (2) of this section, and shall be in addition to the 2,436
amount authorized by the general assembly as provided for in 2,437
division (A) of this section, to the extent the principal amount 2,438
of those obligations does not exceed the then outstanding 2,439
principal amount of the obligations to be refunded, renewed, or 2,440
retired. For purposes of this section only, the principal amount 2,441
of an obligation issued to refund an outstanding obligation is 2,442
the amount on which interest or interest equivalent is initially 2,443
calculated and shall not be deemed to include any premium paid by 2,444
the initial purchaser of such obligation. 2,445
(O) Obligations are lawful investments for banks, 2,447
societies for savings, savings and loan associations, deposit 2,448
guarantee associations, trust companies, trustees, fiduciaries, 2,449
insurance companies, including domestic for life and domestic not 2,450
for life, trustees or other officers having charge of sinking and 2,451
bond retirement or other special funds of political subdivisions 2,452
and taxing districts of this state, the commissioners of the 2,453
sinking fund, the administrator of workers' compensation, the 2,454
state teachers retirement system, the public employees retirement 2,455
system, the school employees retirement system, and the OHIO 2,456
59
police and firemen's disability and FIRE pension fund, 2,458
notwithstanding any other provisions of the Revised Code or rules 2,460
adopted pursuant thereto by any state agency with respect to 2,462
investments by them, and are also acceptable as security for the 2,463
deposit of public moneys. 2,464
(P) Unless otherwise provided in any applicable bond 2,466
proceedings, moneys to the credit of or in the special funds 2,467
established by or pursuant to this section may be invested by or 2,468
on behalf of the issuer only in notes, bonds, or other direct 2,469
obligations of the United States or of any agency or 2,470
instrumentality of the United States, in obligations of this 2,472
state or any political subdivision of this state, in certificates 2,473
of deposit of any national bank located in this state and any 2,474
bank, as defined in section 1101.01 of the Revised Code, subject 2,475
to inspection by the superintendent of financial institutions, in 2,476
the Ohio subdivision's fund established pursuant to section 2,477
135.45 of the Revised Code, in no-front-end-load money market 2,478
mutual funds consisting exclusively of direct obligations of the 2,479
United States or of an agency or instrumentality of the United 2,480
States, and in repurchase agreements, including those issued by 2,482
any fiduciary, secured by direct obligations of the United States 2,483
or an agency or instrumentality of the United States, and in 2,485
collective investment funds established in accordance with 2,486
section 1111.14 of the Revised Code and consisting exclusively of 2,487
direct obligations of the United States or of an agency or 2,488
instrumentality of the United States, notwithstanding division 2,489
(A)(1)(c) of that section. The income from investments shall be 2,491
credited to such special funds or otherwise as the issuer 2,492
determines in the bond proceedings, and the investments may be 2,493
sold or exchanged at such times as the issuer determines or 2,494
authorizes.
(Q) Unless otherwise provided in any applicable bond 2,496
proceedings, moneys to the credit of or in a special fund shall 2,497
be disbursed on the order of the issuer, provided that no such 2,498
60
order is required for the payment from the bond service fund or 2,499
other special fund when due of bond service charges or required 2,500
payments under credit facilities. 2,501
(R) The issuer may covenant in the bond proceedings, and 2,503
any such covenants shall be controlling notwithstanding any other 2,504
provision of law, that the state and the applicable officers and 2,505
agencies of the state, including the general assembly, so long as 2,507
any obligations are outstanding in accordance with their terms, 2,508
shall maintain statutory authority for and cause to be charged
and collected taxes, excises, and other receipts of the state so 2,509
that the receipts to the bond service fund shall be sufficient in 2,510
amounts to meet bond service charges and for the establishment 2,511
and maintenance of any reserves and other requirements, including 2,512
payment of financing costs, provided for in the bond proceedings. 2,513
(S) The obligations, and the transfer of, and the interest 2,515
and other income from, including any profit made on the sale, 2,516
transfer, or other disposition of, the obligations shall at all 2,517
times be free from taxation, direct or indirect, within the 2,518
state. 2,519
(T) Unless a judicial action or proceeding challenging the 2,521
validity of obligations is commenced by personal service on the 2,522
treasurer of state prior to the initial delivery of an issue of 2,523
the obligations, the obligations of that issue and the bond 2,524
proceedings pertaining to that issue are incontestable and those 2,525
obligations shall be conclusively considered to be and to have 2,526
been issued, secured, payable, sold, executed, and delivered, and 2,527
the bond proceedings relating to them taken, in conformity with 2,528
law if all of the following apply to the obligations: 2,529
(1) They state that they are issued under the provisions 2,531
of this section and comply on their face with those provisions; 2,532
(2) They are issued within the limitations prescribed by 2,534
this section; 2,535
(3) Their purchase price has been paid in full; 2,537
(4) They state that all the bond proceedings were held in 2,539
61
compliance with law, which statement creates a conclusive 2,540
presumption that the bond proceedings were held in compliance 2,541
with all laws, including section 121.22 of the Revised Code, 2,542
where applicable, and rules. 2,543
Sec. 165.08. Bonds issued under this chapter are lawful 2,552
investments of banks, societies for savings, savings and loan 2,553
associations, deposit guarantee associations, trust companies, 2,554
trustees, fiduciaries, insurance companies, including domestic 2,555
for life and domestic not for life, trustees or other officers 2,556
having charge of sinking and bond retirement or other special
funds of political subdivisions and taxing districts of this 2,557
state, the commissioners of the sinking fund of the state, the 2,558
administrator of workers' compensation, the state teachers 2,560
retirement system, the public employees retirement system, the
public school employees retirement system, and the OHIO police 2,562
and firemen's disability and FIRE pension fund are also 2,563
acceptable as security for the deposit of public moneys. 2,565
Sec. 166.08. (A) As used in this chapter: 2,576
(1) "Bond proceedings" means the resolution, order, trust 2,578
agreement, indenture, lease, and other agreements, amendments and 2,579
supplements to the foregoing, or any one or more or combination 2,580
thereof, authorizing or providing for the terms and conditions 2,581
applicable to, or providing for the security or liquidity of, 2,582
obligations issued pursuant to this section, and the provisions 2,583
contained in such obligations. 2,584
(2) "Bond service charges" means principal, including 2,586
mandatory sinking fund requirements for retirement of 2,587
obligations, and interest, and redemption premium, if any, 2,588
required to be paid by the state on obligations. 2,589
(3) "Bond service fund" means the applicable fund and 2,591
accounts therein created for and pledged to the payment of bond 2,592
service charges, which may be, or may be part of, the economic 2,593
development bond service fund created by division (S) of this 2,594
section including all moneys and investments, and earnings from 2,595
62
investments, credited and to be credited thereto. 2,596
(4) "Issuing authority" means the treasurer of state, or 2,598
the officer who by law performs the functions of such officer. 2,599
(5) "Obligations" means bonds, notes, or other evidence of 2,601
obligation including interest coupons pertaining thereto, issued 2,602
pursuant to this section. 2,603
(6) "Pledged receipts" means all receipts of the state 2,605
representing the gross profit on the sale of spirituous liquor, 2,606
as referred to in division (B)(4) of section 4301.10 of the 2,607
Revised Code, after paying all costs and expenses of the division 2,609
of liquor control and providing an adequate working capital 2,610
reserve for the division of liquor control as provided in that 2,611
division, but excluding the sum required by the second paragraph 2,612
of section 4301.12 of the Revised Code, as in effect on May 2, 2,613
1980, to be paid into the state treasury; moneys accruing to the 2,614
state from the lease, sale, or other disposition, or use, of 2,615
project facilities, and from the repayment, including interest, 2,616
of loans made from proceeds received from the sale of
obligations; accrued interest received from the sale of 2,617
obligations; income from the investment of the special funds; and 2,618
any gifts, grants, donations, and pledges, and receipts 2,619
therefrom, available for the payment of bond service charges. 2,620
(7) "Special funds" or "funds" means, except where the 2,622
context does not permit, the bond service fund, and any other 2,623
funds, including reserve funds, created under the bond 2,624
proceedings, and the economic development bond service fund 2,625
created by division (S) of this section to the extent provided in 2,626
the bond proceedings, including all moneys and investments, and 2,627
earnings from investment, credited and to be credited thereto. 2,628
(B) Subject to the limitations provided in section 166.11 2,630
of the Revised Code, the issuing authority, upon the 2,631
certification by the director of development to the issuing 2,632
authority of the amount of moneys or additional moneys needed in 2,633
the facilities establishment fund or the loan guarantee fund for 2,634
63
the purpose of paying, or making loans for, allowable costs from 2,635
the facilities establishment fund, or needed for capitalized 2,636
interest, for funding reserves, and for paying costs and expenses 2,637
incurred in connection with the issuance, carrying, securing, 2,638
paying, redeeming, or retirement of the obligations or any 2,639
obligations refunded thereby, including payment of costs and 2,640
expenses relating to letters of credit, lines of credit, 2,641
insurance, put agreements, standby purchase agreements, indexing, 2,642
marketing, remarketing and administrative arrangements, interest 2,643
swap or hedging agreements, and any other credit enhancement, 2,644
liquidity, remarketing, renewal, or refunding arrangements, all 2,645
of which are authorized by this section, or providing moneys for 2,646
the loan guarantee fund, as provided in this chapter or needed 2,647
for the purposes of funds established in accordance with or 2,648
pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56, 2,649
122.561, 122.57, and 122.80 of the Revised Code which are within 2,650
the authorization of Section 13 of Article VIII, Ohio 2,651
Constitution, shall issue obligations of the state under this 2,652
section in the required amount; provided that such obligations 2,653
may be issued to the extent necessary to satisfy the covenants in 2,654
contracts of guarantee made under section 166.06 of the Revised 2,655
Code to issue obligations to meet such guarantees, 2,656
notwithstanding limitations otherwise applicable to the issuance 2,657
of obligations under this section. The proceeds of such 2,658
obligations, except for the portion to be deposited in special 2,659
funds, including reserve funds, as may be provided in the bond 2,660
proceedings, shall as provided in the bond proceedings be 2,661
deposited by the director of development to the facilities 2,662
establishment fund or the loan guarantee fund established by 2,663
section 166.06 of the Revised Code. Bond proceedings for project 2,664
financing obligations may provide that the proceeds derived from 2,665
the issuance of such obligations shall be deposited into such 2,666
fund or funds provided for in the bond proceedings and, to the
extent provided for in the bond proceedings, such proceeds shall 2,667
64
be deemed to have been deposited into the facilities 2,668
establishment fund and transferred to such fund or funds. The 2,669
issuing authority may appoint trustees, paying agents, and 2,670
transfer agents and may retain the services of financial 2,671
advisors, accounting experts, and attorneys, and retain or 2,672
contract for the services of marketing, remarketing, indexing, 2,673
and administrative agents, other consultants, and independent 2,674
contractors, including printing services, as are necessary in the 2,675
issuing authority's judgment to carry out this section. The 2,676
costs of such services are allowable costs payable from the 2,677
facilities establishment fund. 2,678
(C) The holders or owners of such obligations shall have 2,680
no right to have moneys raised by taxation obligated or pledged, 2,681
and moneys raised by taxation shall not be obligated or pledged, 2,682
for the payment of bond service charges. Such holders or owners 2,683
shall have no rights to payment of bond service charges from any 2,684
moneys accruing to the state from the lease, sale, or other 2,685
disposition, or use, of project facilities, or from payment of 2,686
the principal of or interest on loans made, or fees charged for 2,687
guarantees made, or from any money or property received by the 2,688
director, treasurer of state, or the state under Chapter 122. of 2,689
the Revised Code, or from any other use of the proceeds of the 2,690
sale of the obligations, and no such moneys may be used for the 2,691
payment of bond service charges, except for accrued interest, 2,692
capitalized interest, and reserves funded from proceeds received 2,693
upon the sale of the obligations and except as otherwise 2,694
expressly provided in the applicable bond proceedings pursuant to 2,695
written directions by the director. The right of such holders 2,696
and owners to payment of bond service charges is limited to all 2,697
or that portion of the pledged receipts and those special funds 2,698
pledged thereto pursuant to the bond proceedings in accordance 2,699
with this section, and each such obligation shall bear on its 2,700
face a statement to that effect. 2,701
(D) Obligations shall be authorized by resolution or order 2,703
65
of the issuing authority and the bond proceedings shall provide 2,704
for the purpose thereof and the principal amount or amounts, and 2,705
shall provide for or authorize the manner or agency for 2,706
determining the principal maturity or maturities, not exceeding 2,707
twenty-five years from the date of issuance, the interest rate or 2,708
rates or the maximum interest rate, the date of the obligations 2,709
and the dates of payment of interest thereon, their denomination, 2,710
and the establishment within or without the state of a place or 2,711
places of payment of bond service charges. Sections 9.98 to 2,712
9.983 of the Revised Code are applicable to obligations issued 2,713
under this section, subject to any applicable limitation under 2,714
section 166.11 of the Revised Code. The purpose of such 2,715
obligations may be stated in the bond proceedings in terms 2,716
describing the general purpose or purposes to be served. The 2,717
bond proceedings also shall provide, subject to the provisions of 2,718
any other applicable bond proceedings, for the pledge of all, or 2,719
such part as the issuing authority may determine, of the pledged 2,720
receipts and the applicable special fund or funds to the payment 2,721
of bond service charges, which pledges may be made either prior 2,722
or subordinate to other expenses, claims, or payments, and may be 2,723
made to secure the obligations on a parity with obligations 2,724
theretofore or thereafter issued, if and to the extent provided 2,725
in the bond proceedings. The pledged receipts and special funds 2,726
so pledged and thereafter received by the state are immediately 2,727
subject to the lien of such pledge without any physical delivery 2,728
thereof or further act, and the lien of any such pledges is valid 2,729
and binding against all parties having claims of any kind against 2,730
the state or any governmental agency of the state, irrespective 2,731
of whether such parties have notice thereof, and shall create a 2,732
perfected security interest for all purposes of Chapter 1309. of 2,733
the Revised Code, without the necessity for separation or 2,734
delivery of funds or for the filing or recording of the bond 2,735
proceedings by which such pledge is created or any certificate, 2,736
statement or other document with respect thereto; and the pledge 2,737
66
of such pledged receipts and special funds is effective and the 2,738
money therefrom and thereof may be applied to the purposes for 2,739
which pledged without necessity for any act of appropriation. 2,740
Every pledge, and every covenant and agreement made with respect 2,741
thereto, made in the bond proceedings may therein be extended to 2,742
the benefit of the owners and holders of obligations authorized 2,743
by this section, and to any trustee therefor, for the further 2,744
security of the payment of the bond service charges. 2,745
(E) The bond proceedings may contain additional provisions 2,747
as to: 2,748
(1) The redemption of obligations prior to maturity at the 2,750
option of the issuing authority at such price or prices and under 2,751
such terms and conditions as are provided in the bond 2,752
proceedings; 2,753
(2) Other terms of the obligations; 2,755
(3) Limitations on the issuance of additional obligations; 2,757
(4) The terms of any trust agreement or indenture securing 2,759
the obligations or under which the same may be issued; 2,760
(5) The deposit, investment and application of special 2,762
funds, and the safeguarding of moneys on hand or on deposit, 2,763
without regard to Chapter 131. or 135. of the Revised Code, but 2,764
subject to any special provisions of this chapter, with respect 2,765
to particular funds or moneys, provided that any bank or trust 2,766
company which acts as depository of any moneys in the special 2,767
funds may furnish such indemnifying bonds or may pledge such 2,768
securities as required by the issuing authority; 2,769
(6) Any or every provision of the bond proceedings being 2,771
binding upon such officer, board, commission, authority, agency, 2,772
department, or other person or body as may from time to time have 2,773
the authority under law to take such actions as may be necessary 2,774
to perform all or any part of the duty required by such 2,775
provision; 2,776
(7) Any provision that may be made in a trust agreement or 2,778
indenture; 2,779
67
(8) Any other or additional agreements with the holders of 2,781
the obligations, or the trustee therefor, relating to the 2,782
obligations or the security therefor, including the assignment of 2,783
mortgages or other security obtained or to be obtained for loans 2,784
under section 122.43 or 166.07 of the Revised Code. 2,785
(F) The obligations may have the great seal of the state 2,787
or a facsimile thereof affixed thereto or printed thereon. The 2,788
obligations and any coupons pertaining to obligations shall be 2,789
signed or bear the facsimile signature of the issuing authority. 2,790
Any obligations or coupons may be executed by the person who, on 2,791
the date of execution, is the proper issuing authority although 2,792
on the date of such bonds or coupons such person was not the 2,793
issuing authority. If the issuing authority whose signature or a 2,795
facsimile of whose signature appears on any such obligation or 2,796
coupon ceases to be the issuing authority before delivery
thereof, such signature or facsimile is nevertheless valid and 2,797
sufficient for all purposes as if the former issuing authority 2,799
had remained the issuing authority until such delivery; and if 2,800
the seal to be affixed to obligations has been changed after a 2,801
facsimile of the seal has been imprinted on such obligations, 2,802
such facsimile seal shall continue to be sufficient as to such 2,803
obligations and obligations issued in substitution or exchange 2,804
therefor.
(G) All obligations are negotiable instruments and 2,806
securities under Chapter 1308. of the Revised Code, subject to 2,807
the provisions of the bond proceedings as to registration. The 2,808
obligations may be issued in coupon or in registered form, or 2,809
both, as the issuing authority determines. Provision may be made 2,810
for the registration of any obligations with coupons attached 2,811
thereto as to principal alone or as to both principal and 2,812
interest, their exchange for obligations so registered, and for 2,813
the conversion or reconversion into obligations with coupons 2,814
attached thereto of any obligations registered as to both 2,815
principal and interest, and for reasonable charges for such 2,816
68
registration, exchange, conversion, and reconversion. 2,817
(H) Obligations may be sold at public sale or at private 2,819
sale, as determined in the bond proceedings. 2,820
Obligations issued to provide moneys for the loan guarantee 2,822
fund may, as determined by the issuing authority, be sold at 2,823
private sale, and without publication of a notice of sale. 2,824
(I) Pending preparation of definitive obligations, the 2,826
issuing authority may issue interim receipts or certificates 2,827
which shall be exchanged for such definitive obligations. 2,828
(J) In the discretion of the issuing authority, 2,830
obligations may be secured additionally by a trust agreement or 2,831
indenture between the issuing authority and a corporate trustee 2,832
which may be any trust company or bank having its principal place 2,833
of business within the state. Any such agreement or indenture 2,834
may contain the resolution or order authorizing the issuance of 2,835
the obligations, any provisions that may be contained in any bond 2,836
proceedings, and other provisions which are customary or 2,837
appropriate in an agreement or indenture of such type, including, 2,838
but not limited to: 2,839
(1) Maintenance of each pledge, trust agreement, 2,841
indenture, or other instrument comprising part of the bond 2,842
proceedings until the state has fully paid the bond service 2,843
charges on the obligations secured thereby, or provision therefor 2,844
has been made; 2,845
(2) In the event of default in any payments required to be 2,847
made by the bond proceedings, or any other agreement of the 2,848
issuing authority made as a part of the contract under which the 2,849
obligations were issued, enforcement of such payments or 2,850
agreement by mandamus, the appointment of a receiver, suit in 2,851
equity, action at law, or any combination of the foregoing; 2,852
(3) The rights and remedies of the holders of obligations 2,854
and of the trustee, and provisions for protecting and enforcing 2,855
them, including limitations on rights of individual holders of 2,856
obligations; 2,857
69
(4) The replacement of any obligations that become 2,859
mutilated or are destroyed, lost, or stolen; 2,860
(5) Such other provisions as the trustee and the issuing 2,862
authority agree upon, including limitations, conditions, or 2,863
qualifications relating to any of the foregoing. 2,864
(K) Any holders of obligations or trustees under the bond 2,866
proceedings, except to the extent that their rights are 2,867
restricted by the bond proceedings, may by any suitable form of 2,868
legal proceedings, protect and enforce any rights under the laws 2,869
of this state or granted by such bond proceedings. Such rights 2,870
include the right to compel the performance of all duties of the 2,871
issuing authority, the director of development, or the division 2,872
of liquor control required by this chapter or the bond 2,873
proceedings; to enjoin unlawful activities; and in the event of 2,874
default with respect to the payment of any bond service charges 2,875
on any obligations or in the performance of any covenant or 2,876
agreement on the part of the issuing authority, the director of 2,877
development, or the division of liquor control in the bond 2,878
proceedings, to apply to a court having jurisdiction of the cause 2,879
to appoint a receiver to receive and administer the pledged 2,880
receipts and special funds, other than those in the custody of 2,881
the treasurer of state, which are pledged to the payment of the 2,882
bond service charges on such obligations or which are the subject 2,883
of the covenant or agreement, with full power to pay, and to 2,884
provide for payment of bond service charges on, such obligations, 2,885
and with such powers, subject to the direction of the court, as 2,886
are accorded receivers in general equity cases, excluding any 2,887
power to pledge additional revenues or receipts or other income 2,888
or moneys of the issuing authority or the state or governmental 2,889
agencies of the state to the payment of such principal and 2,890
interest and excluding the power to take possession of, mortgage, 2,891
or cause the sale or otherwise dispose of any project facilities. 2,892
Each duty of the issuing authority and the issuing 2,894
authority's officers and employees, and of each governmental 2,895
70
agency and its officers, members, or employees, undertaken 2,896
pursuant to the bond proceedings or any agreement or lease, 2,897
lease-purchase agreement, or loan made under authority of this 2,898
chapter, and in every agreement by or with the issuing authority, 2,899
is hereby established as a duty of the issuing authority, and of 2,900
each such officer, member, or employee having authority to 2,901
perform such duty, specifically enjoined by the law resulting 2,902
from an office, trust, or station within the meaning of section 2,903
2731.01 of the Revised Code. 2,904
The person who is at the time the issuing authority, or the 2,906
issuing authority's officers or employees, are not liable in 2,907
their personal capacities on any obligations issued by the 2,908
issuing authority or any agreements of or with the issuing 2,909
authority. 2,910
(L) The issuing authority may authorize and issue 2,912
obligations for the refunding, including funding and retirement, 2,913
and advance refunding with or without payment or redemption prior 2,914
to maturity, of any obligations previously issued by the issuing 2,915
authority. Such obligations may be issued in amounts sufficient 2,916
for payment of the principal amount of the prior obligations, any 2,917
redemption premiums thereon, principal maturities of any such 2,918
obligations maturing prior to the redemption of the remaining 2,919
obligations on a parity therewith, interest accrued or to accrue 2,920
to the maturity dates or dates of redemption of such obligations, 2,921
and any allowable costs including expenses incurred or to be 2,922
incurred in connection with such issuance and such refunding, 2,923
funding, and retirement. Subject to the bond proceedings 2,924
therefor, the portion of proceeds of the sale of obligations 2,925
issued under this division to be applied to bond service charges 2,926
on the prior obligations shall be credited to an appropriate 2,927
account held by the trustee for such prior or new obligations or 2,928
to the appropriate account in the bond service fund for such 2,929
obligations. Obligations authorized under this division shall be 2,930
deemed to be issued for those purposes for which such prior 2,931
71
obligations were issued and are subject to the provisions of this 2,932
section pertaining to other obligations, except as otherwise 2,933
provided in this section; provided that, unless otherwise 2,934
authorized by the general assembly, any limitations imposed by 2,935
the general assembly pursuant to this section with respect to 2,936
bond service charges applicable to the prior obligations shall be 2,937
applicable to the obligations issued under this division to 2,938
refund, fund, advance refund or retire such prior obligations. 2,939
(M) The authority to issue obligations under this section 2,941
includes authority to issue obligations in the form of bond 2,942
anticipation notes and to renew the same from time to time by the 2,943
issuance of new notes. The holders of such notes or interest 2,944
coupons pertaining thereto shall have a right to be paid solely 2,945
from the pledged receipts and special funds that may be pledged 2,946
to the payment of the bonds anticipated, or from the proceeds of 2,947
such bonds or renewal notes, or both, as the issuing authority 2,948
provides in the resolution or order authorizing such notes. Such 2,949
notes may be additionally secured by covenants of the issuing 2,950
authority to the effect that the issuing authority and the state 2,951
will do such or all things necessary for the issuance of such 2,952
bonds or renewal notes in appropriate amount, and apply the 2,953
proceeds thereof to the extent necessary, to make full payment of 2,954
the principal of and interest on such notes at the time or times 2,955
contemplated, as provided in such resolution or order. For such 2,956
purpose, the issuing authority may issue bonds or renewal notes 2,957
in such principal amount and upon such terms as may be necessary 2,958
to provide funds to pay when required the principal of and 2,959
interest on such notes, notwithstanding any limitations 2,960
prescribed by or for purposes of this section. Subject to this 2,961
division, all provisions for and references to obligations in 2,962
this section are applicable to notes authorized under this 2,963
division. 2,964
The issuing authority in the bond proceedings authorizing 2,966
the issuance of bond anticipation notes shall set forth for such 2,967
72
bonds an estimated interest rate and a schedule of principal 2,968
payments for such bonds and the annual maturity dates thereof, 2,969
and for purposes of any limitation on bond service charges 2,970
prescribed under division (A) of section 166.11 of the Revised 2,971
Code, the amount of bond service charges on such bond 2,972
anticipation notes is deemed to be the bond service charges for 2,973
the bonds anticipated thereby as set forth in the bond 2,974
proceedings applicable to such notes, but this provision does not 2,975
modify any authority in this section to pledge receipts and 2,976
special funds to, and covenant to issue bonds to fund, the 2,977
payment of principal of and interest and any premium on such 2,978
notes. 2,979
(N) Obligations issued under this section are lawful 2,981
investments for banks, societies for savings, savings and loan 2,982
associations, deposit guarantee associations, trust companies, 2,983
trustees, fiduciaries, insurance companies, including domestic 2,984
for life and domestic not for life, trustees or other officers 2,985
having charge of sinking and bond retirement or other special 2,986
funds of political subdivisions and taxing districts of this 2,987
state, the commissioners of the sinking fund of the state, the 2,988
administrator of workers' compensation, the state teachers 2,989
retirement system, the public employees retirement system, the 2,990
school employees retirement system, and the OHIO police and 2,991
firefighters' disability and FIRE pension fund, notwithstanding 2,993
any other provisions of the Revised Code or rules adopted 2,994
pursuant thereto by any governmental agency of the state with 2,995
respect to investments by them, and are also acceptable as 2,996
security for the deposit of public moneys. 2,997
(O) Unless otherwise provided in any applicable bond 2,999
proceedings, moneys to the credit of or in the special funds 3,000
established by or pursuant to this section may be invested by or 3,001
on behalf of the issuing authority only in notes, bonds, or other 3,002
obligations of the United States, or of any agency or 3,003
instrumentality of the United States, obligations guaranteed as 3,004
73
to principal and interest by the United States, obligations of 3,005
this state or any political subdivision of this state, and 3,006
certificates of deposit of any national bank located in this 3,007
state and any bank, as defined in section 1101.01 of the Revised 3,008
Code, subject to inspection by the superintendent of banks. If 3,009
the law or the instrument creating a trust pursuant to division 3,010
(J) of this section expressly permits investment in direct 3,011
obligations of the United States or an agency of the United 3,012
States, unless expressly prohibited by the instrument, such 3,013
moneys also may be invested in no-front-end-load money market 3,014
mutual funds consisting exclusively of obligations of the United 3,015
States or an agency of the United States and in repurchase
agreements, including those issued by the fiduciary itself, 3,016
secured by obligations of the United States or an agency of the 3,017
United States; and in common trust funds established in 3,018
accordance with section 1111.20 of the Revised Code and 3,019
consisting exclusively of any such securities, notwithstanding 3,020
division (A)(4) of that section. The income from such 3,021
investments shall be credited to such funds as the issuing 3,022
authority determines, and such investments may be sold at such 3,023
times as the issuing authority determines or authorizes. 3,024
(P) Provision may be made in the applicable bond 3,026
proceedings for the establishment of separate accounts in the 3,027
bond service fund and for the application of such accounts only 3,028
to the specified bond service charges on obligations pertinent to 3,029
such accounts and bond service fund and for other accounts 3,030
therein within the general purposes of such fund. Unless 3,031
otherwise provided in any applicable bond proceedings, moneys to 3,032
the credit of or in the several special funds established 3,033
pursuant to this section shall be disbursed on the order of the 3,034
treasurer of state, provided that no such order is required for 3,035
the payment from the bond service fund when due of bond service 3,036
charges on obligations. 3,037
(Q) The issuing authority may pledge all, or such portion 3,039
74
as the issuing authority determines, of the pledged receipts to 3,040
the payment of bond service charges on obligations issued under 3,041
this section, and for the establishment and maintenance of any 3,042
reserves, as provided in the bond proceedings, and make other 3,043
provisions therein with respect to pledged receipts as authorized 3,044
by this chapter, which provisions are controlling notwithstanding 3,045
any other provisions of law pertaining thereto. 3,046
(R) The issuing authority may covenant in the bond 3,048
proceedings, and any such covenants are controlling 3,049
notwithstanding any other provision of law, that the state and 3,050
applicable officers and governmental agencies of the state, 3,051
including the general assembly, so long as any obligations are 3,053
outstanding, shall:
(1) Maintain statutory authority for and cause to be 3,055
charged and collected wholesale and retail prices for spirituous 3,056
liquor sold by the state or its agents so that the pledged 3,057
receipts are sufficient in amount to meet bond service charges, 3,058
and the establishment and maintenance of any reserves and other 3,059
requirements provided for in the bond proceedings, and, as 3,060
necessary, to meet covenants contained in contracts of guarantee 3,061
made under section 166.06 of the Revised Code; 3,062
(2) Take or permit no action, by statute or otherwise, 3,064
that would impair the exemption from federal income taxation of 3,065
the interest on the obligations. 3,066
(S) There is hereby created the economic development bond 3,068
service fund, which shall be in the custody of the treasurer of 3,069
state but shall be separate and apart from and not a part of the 3,070
state treasury. All moneys received by or on account of the 3,071
issuing authority or state agencies and required by the 3,072
applicable bond proceedings, consistent with this section, to be 3,073
deposited, transferred, or credited to a bond service fund or the 3,074
economic development bond service fund, and all other moneys 3,075
transferred or allocated to or received for the purposes of the 3,076
fund, shall be deposited and credited to such fund and to any 3,077
75
separate accounts therein, subject to applicable provisions of 3,078
the bond proceedings, but without necessity for any act of 3,079
appropriation. During the period beginning with the date of the 3,080
first issuance of obligations and continuing during such time as 3,081
any such obligations are outstanding, and so long as moneys in 3,082
the pertinent bond service funds are insufficient to pay all bond 3,083
services charges on such obligations becoming due in each year, a 3,084
sufficient amount of the gross profit on the sale of spirituous 3,085
liquor included in pledged receipts are committed and shall be 3,086
paid to the bond service fund or economic development bond 3,087
service fund in each year for the purpose of paying the bond 3,088
service charges becoming due in that year without necessity for 3,089
further act of appropriation for such purpose and notwithstanding 3,090
anything to the contrary in Chapter 4301. of the Revised Code. 3,091
The economic development bond service fund is a trust fund and is 3,092
hereby pledged to the payment of bond service charges to the 3,093
extent provided in the applicable bond proceedings, and payment 3,094
thereof from such fund shall be made or provided for by the 3,095
treasurer of state in accordance with such bond proceedings 3,096
without necessity for any act of appropriation. 3,097
(T) The obligations, the transfer thereof, and the income 3,099
therefrom, including any profit made on the sale thereof, shall 3,100
at all times be free from taxation within the state. 3,101
Sec. 171.01. There is hereby created the Ohio retirement 3,110
study council, CONSISTING of fourteen members TO BE APPOINTED as 3,112
follows:
(A) Three members of the senate, appointed by the 3,114
president of the senate, not more than two of whom may be members 3,115
of the same political party; 3,116
(B) Three members of the house of representatives, 3,118
appointed by the speaker of the house of representatives, not 3,119
more than two of whom may be members of the same political party; 3,120
(C) Three members appointed by the governor, with the 3,122
advice and consent of the senate, not more than two of whom shall 3,123
76
be members of the same political party, one of whom shall 3,124
represent the state and its employees; one of whom shall 3,125
represent nonstate governments and their employees; AND one of 3,126
whom shall represent educational employers and their employees. 3,127
Terms of the existing members appointed by the governor shall not 3,128
be affected. Terms of office of members appointed by the 3,129
governor shall be for three years, commencing on the first day of 3,130
July and ending on the thirtieth day of June. Each member 3,131
appointed by the governor shall hold office from the date of 3,132
appointment until the end of the term for which the appointment 3,133
was made. Any member appointed by the governor to fill a vacancy 3,135
occurring prior to the expiration of the term for which the 3,136
member's predecessor was appointed shall hold office for the 3,138
remainder of such term. Any member shall continue in office 3,139
subsequent to the expiration date of the member's term until the 3,140
member's successor takes office, or until a period of sixty days 3,142
has elapsed, whichever occurs first.
(D) Five ex officio members as follows: the executive 3,144
director of the public employees retirement system, the executive 3,145
director of the state teachers retirement system, the executive 3,146
director of the school employees retirement system, the executive 3,147
secretary of the OHIO police and firemen's disability and FIRE 3,149
pension fund, and the secretary of the state highway patrol 3,150
retirement board, who shall be nonvoting members. 3,151
A vacancy on the council shall be filled by the person 3,154
qualified to make the original appointment for the unexpired 3,155
term, in the same manner as the original appointment. 3,156
The members of the council who are appointed from the 3,158
membership of the senate and the house of representatives shall 3,159
serve during their terms as members of the general assembly and 3,160
until their successors are appointed and qualified, 3,161
notwithstanding the adjournment of the general assembly of which 3,162
they are members or the expiration of their terms as members of 3,163
such general assembly. 3,164
77
Sec. 171.03. The Ohio retirement study council may: 3,173
(A) Appoint a director to manage and direct the duties of 3,175
the staff of the council. The director shall be a person who has 3,178
had training and experience in areas related to the duties of the 3,179
council.
(B) Appoint such professional, technical, and clerical 3,181
employees as are necessary, and employ or hire on a consulting 3,182
basis such actuarial, legal, investment, or other technical 3,183
services required for the performance of its duties; 3,184
(C) Fix the compensation of the director and all other 3,186
employees of the council. The employees of the council shall be 3,189
members of the public employees retirement system;.
(D) Require the public employees retirement board, the 3,191
state teachers retirement board, the school employees retirement 3,192
board, the state highway patrol retirement system, the OHIO 3,193
police and firemen's disability and FIRE pension fund, and any 3,195
agency or official of this state or its political subdivisions to 3,197
provide it with any information necessary to carry out its 3,198
duties;
(E) Administer oaths and hold public hearings at such 3,200
times and places within the state as may be necessary to 3,201
accomplish the purposes and intent of Chapter 171. of the Revised 3,202
Code. 3,203
Sec. 171.05. The compensation of all employees of the Ohio 3,212
retirement study council and other expenses of the council shall 3,214
be paid upon vouchers approved by the director and the
chairperson of the council. 3,215
The public employees retirement system, state teachers 3,217
retirement system, school employees retirement system, state 3,219
highway patrol retirement system, and OHIO police and firemen's 3,220
disability and FIRE pension fund shall pay the annual expenses of 3,221
the council. The council shall prepare and submit to the 3,223
retirement boards on or before the thirtieth day of June of each 3,224
year an itemized estimate of the amounts necessary to pay the 3,225
78
expenses of the council during the following year. Such expenses 3,227
shall be charged to and paid by each of the retirement systems in 3,228
the same ratio as the assets of each system, as of the preceding 3,229
January first, bear to the total assets of all five systems on 3,230
that date.
The council shall establish policies and procedures for 3,232
purchasing goods and services on a competitive basis and 3,233
maintaining tangible personal property. The policies and 3,234
procedures shall be designed to safeguard the use of funds 3,235
received by the council. An audit performed under Chapter 117. 3,236
of the Revised Code shall include a determination of the
council's compliance with the policies and procedures. 3,237
The council is not subject to Chapters 123., 124., 125., 3,239
126., and 127. of the Revised Code. 3,240
The treasurer of state shall be the custodian of all funds 3,242
of the council. 3,243
Sec. 175.09. (A) All bonds issued under this chapter are 3,252
lawful investments of banks, societies for savings, savings and 3,253
loan associations, deposit guarantee associations, trust 3,254
companies, trustees, fiduciaries, insurance companies, including 3,255
domestic for life and domestic not for life, trustees or other 3,256
officers having charge of sinking and bond retirement or other 3,257
special funds of political subdivisions and taxing districts of 3,258
this state, the commissioners of the sinking fund of the state, 3,259
the administrator of workers' compensation, the state teachers 3,260
retirement system, the public employees retirement system, the 3,261
school employees retirement system, and the OHIO police and 3,262
firemen's disability and FIRE pension fund, notwithstanding any 3,263
other provision of the Revised Code or rules adopted pursuant 3,265
thereto by any governmental agency of the state with respect to 3,266
investments by them, and are acceptable as security for the 3,267
deposit of public moneys. 3,268
(B) The exercise of the powers granted by this chapter 3,270
will be in all respects for the benefit of the people of the 3,271
79
state, for the improvement of their health, safety, convenience, 3,272
and economic welfare, and for the enhancement of the 3,273
opportunities for safe and sanitary housing and is a public 3,274
purpose. The programs undertaken by the Ohio housing finance 3,275
agency constitute the performance of essential public functions, 3,276
and the bonds issued under this chapter, their transfer, and the 3,277
income therefrom, including any profit made on the sale thereof, 3,278
is at all times free from taxation within the state. 3,279
Sec. 306.09. (A) The board of county commissioners, on 3,288
its own initiative if it operates a county transit system or at 3,290
the request of the county transit board if one is appointed, may 3,291
issue bonds of the county pursuant to Chapter 133. of the Revised
Code, for the purpose of purchasing, acquiring, constructing, 3,292
enlarging, and improving the county transit system. 3,293
(B) The board of county commissioners operating a transit 3,295
system or a county transit board, with the approval of the county 3,296
commissioners, may issue revenue bonds of the county for the 3,297
purpose of purchasing, acquiring, constructing, enlarging, and 3,298
improving the county transit system. The issuing board shall 3,300
provide by resolution for the issuance of such bonds. The
principal, interest, and all other payments required to be made 3,301
by any trust agreement or indenture securing such bonds shall be 3,302
payable, as provided in such resolution, solely from the revenues 3,303
or other income of the county transit system. Bonds may be 3,304
issued at one time or from time to time and each issue shall be 3,305
dated, bear interest, mature at such time or times not exceeding 3,306
forty years from the date of issue, and be redeemable before 3,307
maturity at the option of the board at such price or prices and 3,308
under such terms and conditions as may be provided by the board 3,309
in its resolution. The board shall determine the form of the 3,311
bonds and any coupons pertaining thereto, fix their 3,312
denominations, and establish within or without this state the 3,313
place or places of payment of principal and interest. The 3,314
resolution shall determine the method of execution of such bonds, 3,315
80
provide for sale of the bonds at public or private sale as the 3,316
board determines most advantageous and for such prices, above or 3,317
below the par value thereof, as the board determines or within 3,318
such limit or limits as it may fix.
Where a transit board is appointed, if any member of the 3,321
county transit board or officer of the county transit system who 3,322
has signed bonds or coupons pertaining thereto or caused his THE 3,323
MEMBER'S OR OFFICER'S facsimile signature to be affixed thereto 3,324
ceases to be a member or officer before such bonds or coupons 3,325
have been delivered, such bonds or coupons may be issued and 3,326
delivered as though the person who had signed the bonds or 3,327
coupons or caused his THE PERSON'S facsimile signature to be 3,328
affixed thereto had not ceased to be a member or officer. Bonds 3,330
or coupons may be executed on behalf of the county by a member of 3,331
the county transit board or officer of the county transit system 3,332
who is a member or officer on the date of execution, although 3,333
such person was not a member or officer on the date of such bonds 3,334
or coupons.
All bonds issued under authority of this section have all 3,336
qualities and incidents of negotiable instruments, subject to 3,337
provisions for registration, and may be issued in coupon or fully 3,338
registered form, or both, as the board provides. Provision may 3,339
be made for the registration of any coupon bonds as to principal 3,340
alone or as to both principal and interest and for the conversion 3,341
into fully registered bonds of coupon bonds, and into coupon 3,342
bonds of any fully registered bond or bonds registered as to both 3,343
principal and interest. 3,344
(C) The proceedings authorizing issuance of revenue bonds 3,346
pursuant to division (B) of this section may contain provisions 3,347
that shall be a part of the contract with the bondholders as to: 3,348
(1) Pledging the rates, revenues, and other income, 3,350
charges, and moneys therein designated for the payment of the 3,351
principal of and interest on the bonds and all other payments 3,352
required to be made by the bond proceedings; 3,353
81
(2) Provisions regarding the purposes to which the 3,355
proceeds of the bonds may be applied; 3,356
(3) Terms of the bonds; 3,358
(4) Maintenance, collection, use, and disposition of 3,360
rates, revenues, and other income, charges, and moneys received 3,361
from the operation or disposition of the county transit system; 3,362
(5) Terms and conditions under which additional bonds may 3,364
be issued secured by a pledge of rates, revenues, and other 3,365
income, charges, and moneys received from the operation or 3,366
disposition of the county transit system; 3,367
(6) Terms of any trust agreement or indenture of mortgage 3,369
securing the bonds, including authorization for the county 3,370
transit board to enter into such agreement or indenture on behalf 3,371
of the county and with a corporate trustee which may be any trust 3,372
company or bank having the powers of a trust company within or 3,373
without this state; 3,374
(7) The deposit, application, safeguarding, and investment 3,376
of funds of the county transit board or board of county 3,377
commissioers COMMISSIONERS received or held under such trust 3,379
agreement or indenture to which the provisions of Chapters 131. 3,380
and 135. of the Revised Code are not applicable;
(8) Any other appropriate agreements with the bondholders 3,382
with respect to the rates, revenues, and other income, charges, 3,383
and moneys received from the operation or disposition of the 3,384
county transit system; 3,385
(9) Other provisions that are customary or appropriate in 3,387
an agreement or indenture of such type, including but not limited 3,388
to: 3,389
(a) Mortgage or any real estate or interest therein 3,391
acquired from the proceeds of such bonds; 3,392
(b) Covenant to maintain each pledge, trust agreement, and 3,394
indenture of mortgage made for the security of any bonds until 3,395
the principal of and interest on the bonds has been fully paid, 3,396
or provision therefor has been made, for the security of which 3,397
82
the pledge has been made and the trust agreement or the indenture 3,398
of mortgage has been given; 3,399
(c) In the event of default in any payments required to be 3,401
made or any other agreement made as a part of the contract under 3,402
which the bonds are issued, enforcement of such payments or 3,403
agreement by mandamus, the appointment of a receiver in equity, 3,404
or, if a mortgage has been given, the foreclosure of such 3,405
mortgage, or any combination of the foregoing; 3,406
(d) The rights and remedies of the bondholders and of the 3,408
trustee and provisions for protecting and enforcing them, 3,409
including limitations on rights of individual bondholders; 3,410
(e) Such other provisions as the trustee, the original 3,412
purchaser of the bonds, and the board of county commissioners or 3,413
county transit board agree upon. 3,414
(D) Any holder of bonds issued pursuant to division (B) of 3,416
this section or a trustee under a trust agreement or indenture of 3,417
mortgage entered into pursuant to division (C)(6) of this 3,418
section, except to the extent that their rights are restricted by 3,419
the bond proceedings or the terms of the bonds, may by any 3,420
suitable form of legal proceedings, protect and enforce any 3,421
rights under the laws of this state or granted by the bond 3,422
proceedings. Such rights include the right: 3,423
(1) to TO compel the performance of all duties of the 3,425
county transit board or board of county commissioners required by 3,427
sections 306.01 to 306.13 of the Revised Code, or the bond 3,428
proceedings;
(2) to TO enjoin unlawful activities; 3,430
(3) in IN the event of default in the payment of any 3,432
principal or interest on any bond or in the performance of any 3,434
covenant or agreement on the part of the county transit board or 3,435
board of county commissioners in the resolution, trust agreement, 3,436
or indenture, to apply to a court to appoint a receiver to 3,437
administer and operate the county transit system, the rates, 3,438
revenues, and other income, charges, and moneys of which are 3,439
83
pledged to the payment of and interest on such bonds, or which 3,440
are the subject of the covenant or agreement, with full power to 3,441
pay and to provide for payment of principal and interest on such 3,442
bonds, and with such powers subject to the direction of the court 3,443
as are accorded receivers in general equity cases, excluding any 3,444
power to pledge additional rates, revenues, or other income, 3,445
charges, or moneys of the county, including those derived from 3,446
taxation, to the payment of such principal and interest; 3,447
(4) to TO foreclose the mortgage on any real estate or 3,449
interest therein which has been mortgaged, in the same manner as 3,450
real estate of private corporations. 3,451
(E) Bonds issued pursuant to division (B) of section 3,453
306.09 and to section 306.10 of the Revised Code are lawful 3,454
investments of banks, societies for savings, savings and loan 3,455
associations, deposit guaranty associations, trust companies, 3,456
trustees, fiduciaries, insurance companies, including domestic 3,457
for life and domestic not for life, trustees or other officers 3,458
having charge of sinking and bond retirement or other special 3,459
funds of political subdivisions and taxing districts of this 3,460
state, the commissioners of the sinking fund of the state, the 3,461
administrator of workers' compensation, the state teachers 3,462
retirement system, the public employees retirement system, the 3,463
school employees retirement system, and the OHIO police and 3,464
firemen's disability and FIRE pension fund, and are acceptable as 3,466
security for the deposit of public moneys. 3,467
Sec. 306.85. Bonds of a regional transit commission are 3,476
lawful investments of banks, savings banks, mutual savings banks, 3,477
trust companies, savings and loan associations, deposit guaranty 3,478
associations, bond retirement funds or sinking funds of municipal 3,479
corporations, boards of education, regional transit commissions, 3,480
counties, the administrator of workers' compensation, state
teachers retirement system, public school employees retirement 3,482
system, public employees retirement system, OHIO police and 3,484
firemen's disability and FIRE pension fund, and domestic 3,486
84
insurance companies for life and other than life, and are 3,487
acceptable as security for the deposit of public moneys.
Sec. 351.11. Convention facilities authority bonds and 3,496
notes issued under this chapter are lawful investments of banks, 3,497
societies for savings, trust companies, savings and loan 3,498
associations, trustees, fiduciaries, trustees or other officers 3,499
having charge of the bond retirement funds or sinking funds of 3,500
municipal corporations, boards of education, port authorities, 3,501
and counties and political subdivisions and taxing districts of 3,502
this state, the commissioners of the sinking fund of this state, 3,503
the administrator of workers' compensation, the retirement boards 3,505
of the state teachers retirement system, the school employees 3,506
retirement system, the public employees retirement system, and 3,507
the OHIO police and firemen's disability and FIRE pension fund, 3,508
and of insurance companies, including domestic life insurance 3,510
companies and domestic insurance companies other than life, and
are acceptable as security for the deposit of public moneys. 3,511
Sec. 505.38. (A) In each township or fire district that 3,520
has a fire department, the head of such department shall be a 3,521
fire chief, appointed by the board of township trustees, except 3,522
that in a joint fire district the fire chief shall be appointed 3,523
by the board of fire district trustees. The board shall provide 3,524
for the employment of such firefighters as it considers best, and 3,526
shall fix their compensation. No person shall be appointed as a 3,527
permanent full-time paid member, whose duties include
firefighting, of the fire department of any township or fire 3,528
district unless such person has received a certificate issued 3,529
under former section 3303.07 or section 4765.55 of the Revised 3,530
Code evidencing satisfactory completion of a firefighter training 3,532
program. Such appointees shall continue in office until removed
therefrom as provided by sections 733.35 to 733.39 of the Revised 3,534
Code. To initiate removal proceedings, and for such purpose, the 3,535
board shall designate the fire chief or a private citizen to 3,536
investigate the conduct and prepare the necessary charges in 3,537
85
conformity with sections 733.35 to 733.39 of the Revised Code. 3,538
In case of the removal of a fire chief or any member of the 3,540
fire department of a township or district, an appeal may be had 3,541
from the decision of the board to the court of common pleas of 3,542
the county in which such township or district fire department is 3,543
situated, to determine the sufficiency of the cause of removal. 3,544
Such appeal from the findings of the board shall be taken within 3,545
ten days. 3,546
No person who is appointed as a volunteer firefighter of 3,549
the fire department of any township or fire district after July 3,550
1, 1979, shall remain in such a position unless either of the
following applies: 3,551
(1) Within one year of the appointment the person has 3,554
received a certificate issued under former section 3303.07 of the 3,556
Revised Code or division (C)(1) or (2) of section 4765.55 of the 3,557
Revised Code evidencing satisfactory completion of a firefighter 3,559
training program.
(2) The person began serving as a permanent full-time paid 3,561
firefighter with the fire department of a city or village prior 3,563
to July 2, 1970, or as a volunteer firefighter with the fire 3,564
department of a city, village, or other township or fire district 3,565
prior to July 2, 1979, and receives a certificate issued under 3,566
division (C)(3) of section 4765.55 of the Revised Code. 3,568
No person shall receive an appointment under this section 3,570
after July 1, 1979, in the case of a volunteer firefighter, 3,572
unless the person has, not more than sixty days prior to 3,573
receiving such appointment, passed a physical examination, given 3,574
by a licensed physician, showing that the person meets the 3,575
physical requirements necessary to perform the duties of the 3,576
position to which the person is appointed as established by the 3,577
board of township trustees having jurisdiction over the 3,578
appointment. The appointing authority shall, prior to making any 3,579
such appointment, file with the OHIO police and firemen's 3,581
disability and FIRE pension fund or the local volunteer firemen's 3,582
86
FIRE FIGHTERS' dependents fund board a copy of the report or 3,584
findings of said licensed physician. The professional fee for 3,585
such physical examination shall be paid for by the board of 3,586
township trustees. 3,587
(B) In each township not having a fire department, the 3,589
board of trustees shall appoint a fire prevention officer who 3,590
shall exercise all of the duties of a fire chief except those 3,591
involving the maintenance and operation of fire apparatus. The 3,592
board of township trustees may appoint one or more deputy fire 3,593
prevention officers, who shall exercise the duties assigned by 3,594
the fire prevention officer. 3,595
The board of trustees may fix such compensation for the 3,597
fire prevention officer and the fire prevention officer's 3,599
deputies as it considers best. The board of trustees shall 3,600
appoint each fire prevention officer and deputy for a one-year 3,601
term. An appointee may be reappointed at the end of a term to 3,602
another one-year term. Any appointee may be removed from office 3,603
during a term as provided by sections 733.35 to 733.39 of the 3,604
Revised Code. The provisions of section 505.45 of the Revised 3,605
Code extend to such officers.
(C) Division (A) of this section shall not apply to any 3,607
township having a population of ten thousand or more persons 3,608
residing within the township and outside of any municipal 3,609
corporation, which has its own fire department employing ten or 3,610
more full-time paid employees, and which has a civil service 3,611
commission established under division (B) of section 124.40 of 3,612
the Revised Code. Such township shall comply with the procedures 3,613
for the employment, promotion, and discharge of firefighters 3,615
provided by Chapter 124. of the Revised Code, except that the 3,616
board of township trustees of the township may appoint the fire
chief, and any person so appointed shall be in the unclassified 3,617
service under section 124.11 of the Revised Code and shall serve 3,618
at the pleasure of the board. A person appointed fire chief 3,619
under these conditions who is removed by the board or who resigns 3,620
87
from the position is entitled to return to the classified service 3,621
in the township fire department, in the position held just prior 3,623
to the appointment as fire chief. The board of township trustees 3,624
shall determine the number of personnel required and establish 3,625
salary schedules and conditions of employment not in conflict 3,626
with Chapter 124. of the Revised Code. No person shall receive 3,627
an original appointment as a permanent full-time paid member of 3,628
the fire department of such a township unless the person has 3,629
received a certificate issued under former section 3303.07 or 3,630
section 4765.55 of the Revised Code evidencing the satisfactory 3,631
completion of a firefighter training program. Persons employed 3,632
as firefighters in such township on the date a civil service 3,634
commission is appointed pursuant to division (B) of section 3,635
124.40 of the Revised Code shall, without being required to pass 3,636
a competitive examination or a firefighter training program, 3,637
retain their employment and any rank previously granted them by 3,638
action of the township trustees or otherwise, but such persons 3,639
are eligible for promotion only by compliance with Chapter 124. 3,640
of the Revised Code.
Sec. 709.012. When a municipal corporation annexes 3,649
township territory which results in a reduction of the 3,650
firefighting force of the township or joint township fire 3,651
district, the reduction shall be made by dismissal of firemen 3,652
FIREFIGHTERS in the inverse order of seniority, with the employee 3,653
with least time of service being dismissed first. The annexing 3,655
municipal corporation shall offer employment in the inverse order 3,656
of dismissal by the township to such firemen FIREFIGHTERS if a 3,657
vacancy exists in the municipal fire department and if they: 3,659
(A) Were full-time paid active members of the township or 3,661
joint township firefighting force for at least six months prior 3,662
to dismissal and have made application to the municipal 3,663
corporation within sixty days after the effective date of 3,664
dismissal; 3,665
(B) Have passed a physical examination as prescribed by 3,667
88
the physician of the annexing municipal corporation and meet the 3,668
requirements necessary to perform firefighting duties; 3,669
(C) Meet minimum standards of the municipal corporation 3,671
with respect to moral character, literacy, and ability to 3,672
understand oral and written instructions as determined by an 3,673
interview conducted by the fire department of the municipal 3,674
corporation. The applicant shall be at least twenty-one years of 3,675
age on the date of his application. 3,676
(D) Are able to qualify for membership in the OHIO police 3,678
and firemen's disability and FIRE pension fund. 3,679
If no vacancy exists in the municipal fire department at 3,681
the time of the application referred to in division (A) of this 3,682
section, the application shall be held until a vacancy occurs. 3,683
When such a vacancy occurs, the applicant shall be entitled to 3,684
employment in accordance with the requirements of divisions (A), 3,685
(B), (C), and (D) of this section. So long as any application 3,686
for employment has been made and is being held under this 3,687
section, the municipal corporation shall not fill any vacancy in 3,688
its fire department by original appointment. If there are 3,689
individuals who are entitled to reinstatement in the municipal 3,690
fire department and the vacancies therein are insufficient to 3,691
permit both such reinstatements and employment of all those 3,692
applying for employment under division (A) of this section, the 3,693
persons having the greatest length of service, whether with the 3,694
municipal or township fire department, shall be entitled to fill 3,695
the vacancies as they occur. 3,696
A person employed under this section, upon his acceptance 3,698
into the municipal fire department, shall be given the rank of 3,699
"firefighter" and entitled to full seniority credit for his prior 3,700
service in the township or joint township fire district. He THE 3,701
PERSON shall be entitled to the same salary, future benefits, 3,702
vacations, earned time, sick leave, and other rights and 3,703
privileges as the municipal fire department extends to other 3,704
employees with the same amount of prior service. He THE PERSON 3,705
89
may take promotional examinations only after completion of one 3,707
year of service with the municipal fire department and after 3,708
meeting any applicable civil service requirements for such 3,709
examination.
Compliance with this section is in lieu of compliance with 3,711
section 124.42 of the Revised Code or any other requirements for 3,712
original appointment to a municipal fire district. 3,713
Sec. 717.07. (A) A municipal corporation may enter into 3,722
an agreement with the board of trustees of the OHIO police and 3,724
firemen's disability and FIRE pension fund in accordance with 3,726
section 742.30 of the Revised Code. The legislative authority of 3,727
a municipal corporation may issue securities under Section 3 of
Article XVIII, Ohio Constitution, or under Chapter 133. of the 3,728
Revised Code, including Chapter 133. special obligation 3,729
securities that pledge taxes, other than ad valorem property 3,730
taxes, or other revenues for the purpose of providing some or all 3,731
of the funds required to satisfy the municipal corporation's 3,732
obligation under the agreement. 3,733
(B) A municipal corporation may enter into an agreement 3,735
with one or more other municipal corporations or townships to 3,736
issue on behalf of those municipal corporations or townships the 3,738
securities described in division (A) of this section. The 3,740
agreement may authorize the municipal corporation issuing the
securities to appoint one or more fiscal agents to perform any 3,741
functions necessary to carry out an agreement entered into under 3,742
this division.
Sec. 737.15. Each village shall have a marshal, designated 3,751
chief of police, appointed by the mayor with the advice and 3,752
consent of the legislative authority of the village, who need not 3,753
be a resident of the village at the time of his appointment but 3,754
shall become a resident thereof within six months after his 3,755
appointment by the mayor and confirmation by the legislative 3,756
authority unless such residence requirement is waived by 3,757
ordinance, and who shall continue in office until removed 3,758
90
therefrom as provided by section 737.171 of the Revised Code. 3,759
No person shall receive an appointment under this section 3,761
after January 1, 1970, unless, not more than sixty days prior to 3,762
receiving such appointment, he THE PERSON has passed a physical 3,763
examination, given by a licensed physician, showing that he THE 3,765
PERSON meets the physical requirements necessary to perform the 3,767
duties of village marshal as established by the legislative 3,768
authority of the village. The appointing authority shall, prior 3,769
to making any such appointment, file with the OHIO police and 3,770
firemen's disability and FIRE pension fund a copy of the report 3,772
or findings of said licensed physician. The professional fee for 3,773
such physical examination shall be paid for by such legislative 3,774
authority.
Sec. 737.16. The mayor shall, when provided for by the 3,783
legislative authority of a village, and subject to its 3,784
confirmation, appoint all deputy marshals, policemen POLICE 3,785
OFFICERS, night watchmen GUARDS, and special policemen POLICE 3,787
OFFICERS. All such officers shall continue in office until 3,788
removed therefrom for the cause and in the manner provided by 3,790
section 737.19 of the Revised Code.
No person shall receive an appointment under this section 3,792
after January 1, 1970, unless he THE PERSON has, not more than 3,793
sixty days prior to receiving such appointment, passed a physical 3,795
examination, given by a licensed physician, showing that he THE 3,796
PERSON meets the physical requirements necessary to perform the 3,797
duties of the position to which he THE PERSON is to be appointed 3,798
as established by the legislative authority of the village. The 3,800
appointing authority shall, prior to making any such appointment, 3,801
file with the OHIO police and firemen's disability and FIRE 3,803
pension fund a copy of the report or findings of said licensed 3,805
physician. The professional fee for such physical examination 3,806
shall be paid for by the legislative authority. 3,807
Sec. 737.22. (A) Each village establishing a fire 3,816
department shall have a fire chief as the head thereof, appointed 3,817
91
by the mayor with the advice and consent of the legislative 3,818
authority of the village, who shall continue in office until 3,819
removed therefrom as provided by sections 733.35 to 733.39 of the 3,820
Revised Code.
In each village not having a fire department, the mayor 3,822
shall, with the advice and consent of the legislative authority 3,823
of the village, appoint a fire prevention officer who shall 3,824
exercise all of the duties of a fire chief except those involving 3,825
the maintenance and operation of fire apparatus. 3,826
The legislative authority of the village may fix such 3,828
compensation as it deems best. Such appointee shall continue in 3,829
office until removed therefrom as provided by such sections. The 3,830
provisions of section 737.23 of the Revised Code shall extend to 3,831
such officer. 3,832
(B) The legislative authority of the village may provide 3,834
for the appointment of permanent full-time paid firefighters as 3,836
it deems best and fix their compensation, or for the services of 3,838
volunteer firefighters, who shall be appointed by the mayor with 3,840
the advice and consent of the legislative authority, and shall 3,841
continue in office until removed therefrom. 3,842
(1) No person shall be appointed as a permanent full-time 3,845
paid firefighter of a village fire department unless either of 3,846
the following applies:
(a) The person has received a certificate issued under 3,849
former section 3303.07 of the Revised Code or division (C)(1) or
(2) of section 4765.55 of the Revised Code evidencing 3,850
satisfactory completion of a firefighter training program; 3,851
(b) The person began serving as a permanent full-time paid 3,854
firefighter with the fire department of a city or other village 3,855
prior to July 2, 1970, and receives a certificate issued under 3,856
division (C)(3) of section 4765.55 of the Revised Code. 3,857
(2) No person who is appointed as a volunteer firefighter 3,860
of a village fire department after July 1, 1979, shall remain in 3,861
such a position, unless either of the following applies: 3,862
92
(a) Within one year of the appointment the person has 3,865
received a certificate issued under former section 3303.07 or 3,866
section 4765.55 of the Revised Code evidencing satisfactory 3,867
completion of a firefighter training program; 3,869
(b) The person has served as a permanent full-time paid 3,872
firefighter with the fire department of a city or other village 3,873
prior to July 2, 1970, or as a volunteer firefighter with the 3,875
fire department of a city, township, fire district, or other 3,876
village prior to July 2, 1979, and receives a certificate issued 3,877
under division (C)(3) of section 4765.55 of the Revised Code. 3,879
(3) No person shall receive an appointment under this 3,881
section after January 1, 1970, and after July 1, 1979, in the 3,882
case of a volunteer firefighter, unless the person has, not more 3,884
than sixty days prior to receiving such appointment, passed a 3,885
physical examination, given by a licensed physician, showing that 3,886
the person meets the physical requirements necessary to perform 3,887
the duties of the position to which the person is to be appointed 3,888
as established by the legislative authority of the village. The 3,890
appointing authority shall, prior to making any such appointment, 3,891
file with the OHIO police and firemen's disability and FIRE 3,893
pension fund or the local volunteer firemen's FIRE FIGHTERS' 3,894
dependents fund board a copy of the report or findings of said 3,896
licensed physician. The professional fee for such physical 3,897
examination shall be paid for by such legislative authority. 3,898
Sec. 742.01. As used in this chapter: 3,907
(A)(1) "Police department" means the police department of 3,909
a municipal corporation. 3,910
(2) "Member of a police department" means any of the 3,912
following: 3,913
(a) Any person who receives an original appointment as a 3,915
full-time regular police officer in a police department from a 3,916
duly established civil service eligible list or pursuant to 3,917
section 124.411 of the Revised Code, or who is described in 3,918
section 742.511 of the Revised Code, or who transfers from the 3,919
93
public employees retirement system to the OHIO police and 3,920
firemen's disability and FIRE pension fund pursuant to section 3,922
742.513 OF THE REVISED CODE, or who is appointed pursuant to 3,923
section 737.15 or 737.16 of the Revised Code as a full-time 3,926
regular police officer and is paid solely out of public funds of 3,927
the employing municipal corporation;
(b) Any person who, on October 1, 1965, was contributing 3,929
four per cent of the person's annual salary to a police relief 3,931
and pension fund established under former section 741.32 of the
Revised Code; 3,932
(c) Any person who commences employment on or after the 3,935
effective date of this amendment SEPTEMBER 16, 1998, as a 3,936
full-time police officer with a police department in a position 3,937
in which the person is required to satisfactorily complete a 3,938
peace officer training course in compliance with section 109.77 3,939
of the Revised Code. 3,940
(B)(1) "Fire department" means a fire department of the 3,942
state or an instrumentality of the state or of a municipal 3,943
corporation, township, joint fire district, or other political 3,944
subdivision. 3,945
(2) "Member of a fire department" means all of the 3,947
following: 3,948
(a) Any person who commences employment after November 8, 3,950
1990, as a full-time firefighter with a fire department, in a 3,952
position in which the person is required to satisfactorily 3,953
complete or have satisfactorily completed a firefighter training 3,955
course approved under former section 3303.07 or section 4765.55 3,956
or conducted under section 3737.33 of the Revised Code; 3,957
(b) Any person who has elected under section 742.515 of 3,959
the Revised Code to be transferred from the public employees 3,960
retirement system to the OHIO police and firemen's disability and 3,962
FIRE pension fund;
(c) Any full-time firefighter who, on November 8, 1990, is 3,965
a member of the OHIO police and firemen's disability and FIRE 3,966
94
pension fund.
(C) "Employee" means any person who is a member of a 3,968
police department or a member of a fire department. 3,969
(D) "Employer" means the government entity by which an 3,971
employee is employed and paid. 3,972
(E) "Member of the fund" means any person, except an other 3,974
system retirant as defined in section 742.26 of the Revised Code, 3,975
who is contributing a percentage of the person's annual salary to 3,977
the OHIO police and firemen's disability and FIRE pension fund or 3,979
who is receiving a disability benefit or pension from the fund as 3,980
a result of service in a police or fire department. A person, 3,981
other than an other system retirant, who is contributing a 3,982
percentage of the person's annual salary to the fund and is 3,983
dismissed, resigns, or is granted a leave of absence from a 3,984
police or fire department shall be considered a "member of the 3,985
fund" for a period of twelve months after the first day of the 3,986
dismissal, resignation, or leave of absence, provided the sum 3,988
deducted from the person's salary and credited to the person's 3,990
account in the fund remains on deposit in the fund. 3,991
(F) "Year," for the purpose of determining benefits, means 3,993
any twelve consecutive calendar months of active service as a 3,994
member of the fund, or, in the case of a member whose salary is 3,995
paid weekly or biweekly, fifty-two consecutive weeks of active 3,996
service as a member. 3,997
(G) "Average annual salary" means the highest average 3,999
annual salary of a member of the fund during any three years of 4,000
contributions determined by dividing the member's total salary as 4,002
an employee during the years by three.
(H) "Normal service pension benefit" means the pension 4,004
benefit payable to a member of the fund under division (C)(1) of 4,005
section 742.37 of the Revised Code upon attaining age 4,006
forty-eight. 4,007
(I) "Retirement allowance" means the total pension benefit 4,009
or disability benefit to which a member of the fund may be 4,010
95
entitled under division (C) of section 742.37 or section 742.39 4,012
of the Revised Code. 4,013
(J) "Fiduciary" means a person who does any of the 4,015
following: 4,016
(1) Exercises any discretionary authority or control with 4,018
respect to the management of the system, or with respect to the 4,019
management or disposition of its assets; 4,020
(2) Renders investment advice for a fee, direct or 4,022
indirect, with respect to money or property of the system; 4,023
(3) Has any discretionary authority or responsibility in 4,025
the administration of the system. 4,026
(K) "Terminal pay" means the following payments made by an 4,028
employer to an employee on termination of employment: 4,029
(1) Payments for accrued but unused leave, including sick 4,031
leave, vacation, personal leave, and compensatory time; 4,032
(2) Payments deferred more than one year compensating the 4,034
employee for holidays worked or for longevity; 4,035
(3) Payments for overtime worked that are not included 4,037
either in the payroll for the period in which the overtime is 4,039
worked or for the next subsequent payroll period;
(4) Other payments that are not compensation for services 4,041
rendered in the last pay period in which services were rendered 4,042
and are designated as terminal pay by rule of the board of 4,043
trustees of the OHIO police and firemen's disability and FIRE 4,045
pension fund. The board shall not designate as terminal pay 4,046
payments deferred one year or less compensating an employee for 4,047
holidays worked or for longevity. 4,048
(L)(1) Except as otherwise provided in this division, 4,050
"salary" means all compensation, wages, and other earnings paid 4,051
to an employee by reason of employment, but without regard to 4,052
whether compensation, wages, or other earnings are treated as 4,053
deferred income for federal income tax purposes. "Salary" 4,054
includes payments for overtime that are made not later than the 4,055
payroll following the payroll period in which the overtime is 4,056
96
worked. 4,057
(2) "Salary" does not include any of the following: 4,059
(a) Compensation for services outside the scope of an 4,061
employee's regular employment; 4,062
(b) Reimbursement of expenses; 4,064
(c) Terminal pay; 4,066
(d) Payments for accrued but unused sick leave or personal 4,068
leave, or vacation pay covering periods for which salary, 4,069
compensation, or benefits are paid; 4,070
(e) Payments made under division (B) or (D) of section 4,072
5923.05 of the Revised Code or Section 4 of Substitute Senate 4,074
Bill No. 3 of the 119th general assembly;
(f) Payments made to or on behalf of an employee that are 4,076
in excess of the annual compensation that may be taken into 4,077
account by the fund under division (a)(17) of section 401 of the 4,078
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 4,079
401(a)(17), as amended. 4,080
(3) The board shall determine by rule whether any 4,082
compensation, wages, or earnings not enumerated in this division 4,083
is salary, and its decision shall be final. 4,084
(M) "Actuary" means an individual who satisfies all of the 4,087
following requirements:
(1) Is a member of the American academy of actuaries; 4,090
(2) Is an associate or fellow of the society of actuaries; 4,092
(3) Has a minimum of five years' experience in providing 4,094
actuarial services to public retirement plans. 4,095
Sec. 742.02. There is hereby created a AN OHIO police and 4,105
firemen's disability and FIRE pension fund for the purpose of 4,106
providing disability benefits and pensions to members of the fund 4,107
and their surviving spouses, children, and dependent parents. 4,108
Sec. 742.03. (A) As used in this section and in sections 4,117
742.04 and 742.05 of the Revised Code: 4,118
(1) "Police officer" means a member of the fund who is or 4,120
has been an employee of a police department and is not a police 4,121
97
retirant.
(2) "Firefighter" means a member of the fund who is or has 4,123
been an employee of a fire department and is not a firefighter 4,124
retirant.
(3) "Firefighter retirant" means a member of the fund who 4,126
is receiving an age and service or disability benefit as a result 4,127
of service in a fire department or a surviving spouse of a 4,128
deceased member who is receiving a benefit as a result of the 4,129
deceased member's service in a fire department. 4,130
(4) "Police retirant" means a member of the fund who is 4,132
receiving an age and service or disability benefit as a result of 4,133
service in a police department or a surviving spouse of a 4,134
deceased member who is receiving a benefit as a result of the 4,135
deceased member's service in a police department. 4,136
(B) The administration, control, and management of the 4,139
OHIO police and firemen's disability and FIRE pension fund, 4,140
created under section 742.02 of the Revised Code, is vested in a 4,141
board of trustees of the OHIO police and firemen's disability and 4,143
FIRE pension fund, which shall consist of nine members as 4,144
follows:
(1) The attorney general; 4,146
(2) The auditor of state; 4,148
(3) The fiscal officer of a municipal corporation who 4,150
shall be appointed by the governor. This member's term shall be 4,151
for three years, commencing on the fourth day of June and ending 4,152
on the third day of June. The fiscal officer member shall hold 4,153
office from the date of appointment until the end of the term for 4,155
which appointed. Any fiscal officer member appointed to fill a 4,156
vacancy occurring prior to the expiration of the term for which 4,157
the fiscal officer member's predecessor was appointed shall hold 4,158
office for the remainder of such term. Any fiscal officer member 4,159
shall continue in office subsequent to the expiration date of the 4,160
fiscal officer member's term until such member's successor takes 4,162
office, or until a period of sixty days has elapsed, whichever 4,163
98
occurs first.
(4) Four members known as employee members. 4,165
Two employee members shall be police officers elected by 4,167
police officers. Two employee members shall be firefighters 4,168
elected by firefighters. Employee members of the board shall be 4,169
elected for terms of four years as provided by section 742.04 of 4,170
the Revised Code.
(5) One member known as the firefighter retirant member, 4,172
who shall be a resident of this state elected by the firefighter 4,173
retirants. The firefighter retirant member shall be elected for 4,174
a term of four years as provided by section 742.04 of the Revised 4,175
Code.
(6) One member known as the police retirant member, who 4,177
shall be a resident of this state elected by the police 4,178
retirants. The police retirant member shall be elected for a 4,179
term of four years as provided by section 742.04 of the Revised 4,180
Code.
(C) No employee member of the board who retires while a 4,182
member of the board shall be eligible to become a retirant member 4,183
for three years after the date of the member's retirement. 4,184
Sec. 742.04. As used in this section, "county" means the 4,193
county of residence of an individual who signs a nominating 4,194
petition.
Election of the employee members, firefighter retirant 4,197
member, and police retirant member of the board of trustees of 4,198
the OHIO police and firemen's disability and FIRE pension fund 4,199
shall be under the supervision and direction of the board. 4,200
Nominating petitions for candidates for an employee member 4,202
of the board elected by police officers shall be signed by at 4,203
least one hundred police officers, with at least twenty signers 4,205
from each of at least five counties of the state. 4,206
Nominating petitions for candidates for an employee member 4,208
of the board elected by firefighters shall be signed by at least 4,209
one hundred firefighters, with at least twenty signers from each 4,211
99
of at least five counties of the state.
Nominating petitions for candidates for an employee member 4,213
of the board shall be filed in the office of the board not later 4,214
than four p.m. on the first Monday in April preceding the date of 4,215
the expiration of the term of the employee member of the board 4,216
whose successor is to be elected. 4,217
The board shall determine the sufficiency of the nominating 4,219
petitions filed with it and the board's decision shall be final. 4,220
The board shall cause ballots to be prepared for the 4,222
election of employee members of the board which shall contain the 4,223
names of all candidates for whom proper nominating petitions have 4,224
been filed with the board. 4,225
A police officer or firefighter is eligible to vote in an 4,227
election if the police officer or firefighter is a member of the 4,228
fund on the first Monday in March preceding the date of the 4,230
expiration of the term of the employee member of the board whose 4,231
successor is to be elected. The board shall determine whether a 4,232
member of the fund is eligible to vote at an election and its 4,234
decision shall be final.
On or before the first Monday in May preceding the date of 4,236
the expiration of the term of the employee member of the board 4,237
whose successor is to be elected, the board shall cause ballots 4,238
to be sent to each member of the fund who is eligible to vote at 4,239
such election to the address of such member as shown on the 4,240
records of the board. 4,241
Ballots shall be returned to the board not later than the 4,243
third Tuesday in May following the date that the ballots were 4,244
mailed to the members of the fund eligible to vote at such 4,245
election. 4,246
The board shall cause the ballots to be counted and shall 4,248
declare the person receiving the highest number of votes elected 4,249
as an employee member of the board for a term of four years 4,250
beginning on the first Monday in June following such election. 4,251
Nominating petitions for candidates for the police retirant 4,253
100
member of the board shall be signed by at least fifty police 4,255
retirants, with at least ten signers from at least five counties 4,256
of the state.
Nominating petitions for candidates for the firefighter 4,258
retirant member of the board shall be signed by at least fifty 4,260
firefighter retirants, with at least ten signers from at least 4,261
five counties of the state.
Nominating petitions for candidates for the retirant 4,263
members of the board shall be filed in the office of the board 4,264
not later than four p.m. on the first Monday in April preceding 4,265
the date of the expiration of the term of the retirant member of 4,266
the board whose successor is to be elected. 4,267
The board shall determine the sufficiency of the nominating 4,269
petitions filed with it, and the board's decision shall be final. 4,270
The board shall cause ballots to be prepared for the 4,272
election of these board members which shall contain the names of 4,274
all candidates for whom proper nominating petitions have been 4,275
filed with the board.
A retirant is eligible to vote in an election if the 4,277
retirant is a police retirant or firefighter retirant on the 4,278
first Monday in April preceding the date of the expiration of the 4,281
term of the retirant member of the board whose successor is to be 4,282
elected. The board shall determine whether a police retirant or 4,283
firefighter retirant is eligible to vote at an election and its 4,284
decision shall be final.
On or before the first Monday in May preceding the date of 4,286
the expiration of the term of a retirant member of the board 4,287
whose successor is to be elected, the board shall cause ballots 4,288
to be sent to each person who is eligible to vote in the election 4,289
to the address of the person as shown on the records of the 4,290
board. 4,291
Ballots shall be returned to the board not later than the 4,293
third Tuesday in May following the date that the ballots were 4,294
mailed to the persons eligible to vote in the election. 4,295
101
The board shall cause the ballots to be counted and shall 4,297
declare the person receiving the highest number of votes elected 4,298
as the police retirant member or the firefighter retirant member 4,300
of the board for a term of four years beginning on the first 4,301
Monday in June following the election.
Sec. 742.05. Any vacancy occurring in the term of a member 4,310
of the board of trustees of the OHIO police and firemen's 4,311
disability and FIRE pension fund who is the fiscal officer of a 4,313
municipal corporation shall be filled by appointment by the
governor for the unexpired term of such member. 4,314
Any vacancy occurring in the term of an employee member of 4,316
the board shall be filled by the remaining employee members and 4,317
the retirant members of the board for the unexpired term of such 4,319
member.
Any vacancy occurring in the term of a retirant member of 4,321
the board shall be filled by the employee members and the 4,322
remaining retirant member of the board for the unexpired term. 4,323
If a member of the board who is the fiscal officer of a 4,325
municipal corporation ceases to be a fiscal officer of a 4,326
municipal corporation, a vacancy shall exist. 4,327
If an employee member of the board ceases to be a member of 4,329
the fund, a vacancy shall exist. 4,331
If as a result of changed circumstances a retirant member 4,333
no longer qualifies for membership on the board as a retirant 4,335
member, a vacancy shall exist.
Any employee or retirant member of the board or member of 4,337
the board who is the fiscal officer of a municipal corporation 4,338
who fails to attend three consecutive meetings of the board, 4,339
without valid excuse, shall be considered as having resigned from 4,340
the board and the board shall declare the member's office vacated 4,342
and as of the date of the adoption of a proper resolution a
vacancy shall exist. 4,343
Sec. 742.06. Each member of the board of trustees of the 4,352
OHIO police and firemen's disability and FIRE pension fund, 4,354
102
before entering upon his THE MEMBER'S official duties, shall take 4,356
and subscribe to an oath of affirmation that he THE MEMBER will 4,357
support the constitution of the United States, the constitution
of the state of Ohio, and that he THE MEMBER will honestly, 4,358
faithfully, and impartially perform the duties of his THE 4,359
MEMBER'S office. Such oath or affirmation shall be filed in the 4,361
office of the secretary of state.
Sec. 742.07. Within three months after all of the first 4,370
appointed members of the board of trustees of the OHIO police and 4,371
firemen's disability and FIRE pension fund have been appointed 4,373
and qualified, the governor shall call the first meeting of the 4,374
board, and thereafter meetings of the board shall be called in
such manner and at such times as the board prescribes, provided, 4,375
that the board shall meet at least four times annually. All 4,376
meetings of the board shall be open to the public except 4,377
executive sessions as set forth in division (G) of section 121.22 4,378
of the Revised Code, and any portions of any sessions discussing 4,379
medical records or the degree of disability of a member excluded
from public inspection by section 742.41 of the Revised Code. 4,380
At its first meeting the board shall organize by electing 4,382
from its membership a chairman CHAIRPERSON and a vice-chairman 4,383
VICE-CHAIRPERSON who shall serve for a term of one year. 4,384
Annually thereafter the board shall elect from its membership a 4,385
chairman CHAIRPERSON and a vice-chairman VICE-CHAIRPERSON for a 4,386
term of one year. 4,387
A majority of the full membership of the board shall 4,389
constitute a quorum.
Sec. 742.08. (A) The members of the board of trustees of 4,398
the OHIO police and firemen's disability and FIRE pension fund 4,400
shall serve without compensation but shall be reimbursed for 4,402
their necessary expenses incurred in the performance of their 4,403
official duties.
An employee member of the board shall suffer no loss or 4,405
penalty whatsoever because of absence from the employee member's 4,406
103
regular employment while engaged in official duties as a member 4,408
of the board.
(B) The board may secure insurance coverage designed to 4,410
indemnify board members and employees for their actions or 4,411
conduct in the performance of official duties, and may pay 4,412
required premiums for such coverage from the expense fund. 4,413
(C) The board shall adopt rules in accordance with section 4,415
111.15 of the Revised Code establishing a policy for 4,417
reimbursement of travel expenses incurred by board members in the 4,419
performance of their official duties. As part of any audit
performed under Chapter 117. of the Revised Code, an inquiry 4,422
shall be made into whether board members have complied with these 4,423
rules.
(D) No board member shall accept payment or reimbursement 4,426
for travel expenses, other than for meals and other food and 4,427
beverages provided to the member, from any source other than the 4,428
expense fund established under section 742.59 of the Revised 4,430
Code. Except in the case of an emergency, no out-of-state travel 4,432
expenses shall be reimbursed unless approved in advance by a 4,433
majority of the board at a regular board meeting. 4,434
Sec. 742.09. The attorney general shall be the legal 4,443
counsel of the board of trustees of the OHIO police and firemen's 4,444
disability and FIRE pension fund. 4,445
Sec. 742.10. The board of trustees of the OHIO police and 4,454
firemen's disability and FIRE pension fund may sue and be sued, 4,456
plead and be impleaded, contract and be contracted with, employ 4,457
and fix the compensation of employees, and adopt rules for the 4,458
proper administration and management of the fund.
The attorney general shall prescribe procedures for the 4,461
adoption of rules authorized under this chapter, consistent with 4,462
the provisions of section 111.15 of the Revised Code under which 4,463
all rules shall be filed in order to be effective. Such
procedures shall establish methods by which notice of proposed 4,464
rules is given to interested parties and rules adopted by the 4,465
104
board published and otherwise made available. When it files a 4,466
rule with the joint committee on agency rule review pursuant to 4,467
section 111.15 of the Revised Code, the board shall submit to the 4,469
Ohio retirement study council a copy of the full text of the 4,470
rule, and if applicable, a copy of the rule summary and fiscal 4,471
analysis required by division (B) of section 127.18 of the 4,472
Revised Code.
All rules adopted pursuant to this chapter, prior to August 4,474
20, 1976, shall be published and made available to interested 4,475
parties by January 1, 1977.
Sec. 742.11. (A) The members of the board of trustees of 4,484
the OHIO police and firemen's disability and FIRE pension fund 4,486
shall be the trustees of the funds created by section 742.59 of 4,488
the Revised Code. The board shall have full power to invest the 4,489
funds. The board and other fiduciaries shall discharge their 4,490
duties with respect to the funds solely in the interest of the 4,491
participants and beneficiaries; for the exclusive purpose of 4,492
providing benefits to participants and their beneficiaries and 4,493
defraying reasonable expenses of administering the OHIO police 4,494
and firemen's disability and FIRE pension fund; with care, skill, 4,497
prudence, and diligence under the circumstances then prevailing 4,498
that a prudent person acting in a like capacity and familiar with 4,500
these matters would use in the conduct of an enterprise of a like 4,501
character and with like aims; and by diversifying the investments 4,502
of the disability and pension fund so as to minimize the risk of 4,504
large losses, unless under the circumstances it is clearly 4,505
prudent not to do so.
To facilitate investment of the funds, the board may 4,507
establish a partnership, trust, limited liability company, 4,508
corporation, including a corporation exempt from taxation under 4,509
the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C.A. 1, as 4,510
amended, or any other legal entity authorized to transact 4,511
business in this state.
(B) In exercising its fiduciary responsibility with 4,513
105
respect to the investment of the funds, it shall be the intent of 4,514
the board to give consideration to investments that enhance the 4,515
general welfare of the state and its citizens where the 4,516
investments offer quality, return, and safety comparable to other 4,518
investments currently available to the board. In fulfilling this
intent, equal consideration shall be given to investments 4,519
otherwise qualifying under this section that involve minority 4,520
owned and controlled firms and firms owned and controlled by 4,521
women, either alone or in joint venture with other firms. 4,522
The board shall adopt, in regular meeting, policies, 4,524
objectives, or criteria for the operation of the investment 4,526
program that include asset allocation targets and ranges, risk 4,527
factors, asset class benchmarks, time horizons, total return 4,528
objectives, and performance evaluation guidelines. In adopting 4,529
policies and criteria for the selection of agents with whom the
board may contract for the administration of the funds, the board 4,531
shall give equal consideration to minority owned and controlled 4,532
firms, firms owned and controlled by women, and joint ventures 4,533
involving minority owned and controlled firms and firms owned and 4,534
controlled by women that otherwise meet the policies and criteria 4,535
established by the board. Amendments and additions to the
policies and criteria shall be adopted in regular meeting. The 4,537
board shall publish its policies, objectives, and criteria under 4,538
this provision no less often than annually and shall make copies 4,540
available to interested parties.
When reporting on the performance of investments, the board 4,542
shall comply with the performance presentation standards 4,543
established by the association for investment management and 4,544
research.
(C) All bonds, notes, certificates, stocks, or other 4,547
evidences of investments purchased by the board shall be 4,548
delivered to the treasurer of state, who is hereby designated as 4,549
custodian thereof, or to the treasurer of state's authorized 4,550
agent, and the treasurer of state or the agent shall collect the 4,551
106
principal, interest, dividends, and distributions that become due 4,553
and payable and place them when so collected into the custodial 4,554
funds. Evidences of title of the investments may be deposited by 4,555
the treasurer of state for safekeeping with an authorized agent, 4,557
selected by the treasurer of state, who is a qualified trustee 4,558
under section 135.18 of the Revised Code. The treasurer of state 4,559
shall pay for the investments purchased by the board on receipt 4,560
of written or electronic instructions from the board or the 4,562
board's designated agent authorizing the purchase and pending 4,564
receipt of the evidence of title of the investment by the
treasurer of state or the treasurer of state's authorized agent. 4,565
The board may sell investments held by the board, and the 4,566
treasurer of state or the treasurer of state's authorized agent 4,567
shall accept payment from the purchaser and deliver evidence of 4,568
title of the investment to the purchaser on receipt of written or 4,569
electronic instructions from the board or the board's designated
agent authorizing the sale, and pending receipt of the moneys for 4,571
the investments. The amount received shall be placed into the 4,572
custodial funds. The board and the treasurer of state may enter 4,573
into agreements to establish procedures for the purchase and sale 4,574
of investments under this division and the custody of the 4,575
investments.
(D) All of the board's business shall be transacted, all 4,578
its funds shall be invested, all warrants for money drawn and 4,579
payments shall be made, and all of its cash, securities, and 4,580
other property shall be held, in the name of the board or its 4,581
nominee, provided that nominees are authorized by board 4,582
resolution for the purpose of facilitating the ownership and 4,583
transfer of investments.
(E) No purchase or sale of any investment shall be made 4,586
under this section except as authorized by the board of trustees 4,587
of the OHIO police and firemen's disability and FIRE pension 4,588
fund.
(F) Any statement of financial position distributed by the 4,590
107
board shall include the fair value, as of the statement date, of 4,592
all investments held by the board under this section.
Sec. 742.111. The OHIO police and firemen's disability and 4,602
FIRE pension fund shall make no investments through or purchases 4,604
from, or otherwise do any business with, any individual who is, 4,605
or any partnership, association, or corporation that is owned or 4,606
controlled by, a person who within the preceding three years was
employed by, an officer of, or a board member of the fund, or in 4,607
which a person who within the preceding three years was employed 4,608
by, an officer of, or a board member of the fund, holds a 4,609
fiduciary, administrative, supervisory or trust position, or any 4,610
other position in which such person would be involved, on behalf 4,611
of his THE PERSON'S employer, in decisions or recommendations 4,612
affecting the investment policy of the fund, and in which such 4,613
THE person would benefit by any monetary gain. 4,615
Sec. 742.112. (A) Except as provided in division (B) of 4,624
this section, a fiduciary shall not cause the OHIO police and 4,625
firemen's disability and FIRE pension fund to engage in a 4,627
transaction, if he THE FIDUCIARY knows or should know that such 4,628
transaction constitutes a direct or indirect:
(1) Sale or exchange, or leasing, of any property between 4,630
the fund and a party in interest; 4,631
(2) Lending of money or other extension of credit between 4,633
the fund and a party in interest; 4,634
(3) Furnishing of goods, services, or facilities between 4,636
the fund and a party in interest; 4,637
(4) Transfer to, or use by or for the benefit of a party 4,639
in interest, of any assets of the fund; or 4,640
(5) Acquisition, on behalf of the fund, of any employer 4,642
security or employer real property. 4,643
(B) Nothing in this section shall prohibit any transaction 4,645
between the OHIO police and firemen's disability and FIRE pension 4,648
fund and any fiduciary or party in interest if: 4,649
(1) All the terms and conditions of the transaction are 4,651
108
comparable to the terms and conditions which might reasonably be 4,652
expected in a similar transaction between similar parties who are 4,653
not parties in interest; and 4,654
(2) The transaction is consistent with the fiduciary 4,656
duties described in Chapter 742. of the Revised Code. 4,657
(C) A fiduciary shall not: 4,659
(1) Deal with the assets of the fund in his THE 4,661
FIDUCIARY'S own interest or for his THE FIDUCIARY'S own account; 4,663
(2) In his THE FIDUCIARY'S individual or in any other 4,665
capacity, act in any transaction involving the fund on behalf of 4,667
a party (or represent a party) whose interests are adverse to the 4,668
interests of the fund or the interests of its participants or 4,669
beneficiaries; or
(3) Receive any consideration for his THE FIDUCIARY'S own 4,671
personal account from any party dealing with such fund in 4,672
connection with a transaction involving the assets of the fund. 4,673
(D) In addition to any liability which he THE FIDUCIARY 4,675
may have under any other provision, a fiduciary with respect to 4,676
the fund shall be liable for a breach of fiduciary responsibility 4,677
of any fiduciary with respect to the fund in the following 4,678
circumstances: 4,679
(1) If he THE FIDUCIARY participates knowingly in, or 4,681
knowingly undertakes to conceal, an act or omission of such other 4,682
fiduciary, knowing such act or omission is a breach; 4,683
(2) If, by his THE FIDUCIARY'S failure to comply with 4,685
Chapter 742. of the Revised Code, he THE FIDUCIARY has enabled 4,687
such other fiduciary to commit a breach; or 4,688
(3) If he THE FIDUCIARY has knowledge of a breach by such 4,690
other fiduciary, unless he THE FIDUCIARY makes reasonable efforts 4,691
under the circumstances to remedy the breach. 4,692
(E) Every fiduciary of the fund shall be bonded or insured 4,694
to an amount of not less than one million dollars for loss by 4,695
reason of acts of fraud or dishonesty. 4,696
Sec. 742.12. Bonds purchased by the board of trustees of 4,705
109
the OHIO police and firemen's disability and FIRE pension fund 4,707
from any taxing district of the state shall be in the 4,709
denomination required by the board in its resolution of purchase, 4,710
or the board may by its resolution require that all bonds of any
series of bonds purchased by it from any taxing district of the 4,711
state be consolidated and issued as one bond, the principal 4,712
amount of which is equal to the aggregate amount of all the bonds 4,713
of said series, which principal together with the interest 4,714
thereon shall be paid in installments evidenced by and payable 4,715
upon the surrender of combined principal and interest coupons
attached thereto, which coupons shall each separately state the 4,716
amounts of principal and interest included therein. 4,717
Sec. 742.13. The proper officers of each taxing district 4,726
issuing the bonds provided for in section 742.12 of the Revised 4,727
Code shall, without additional procedure or legislation on their 4,728
part, comply with this section and with section 742.12 of the 4,729
Revised Code, except that the proper accounting officers of such 4,730
taxing district and the secretary of the sinking fund shall make
and keep a detailed record of any such changes required by the 4,731
board of trustees of the OHIO police and firemen's disability and 4,733
FIRE pension fund. The board shall not change the date of 4,734
maturity of any part of the principal or interest of any bond 4,735
issue, nor shall it require a bond of any issue to be of a larger 4,736
denomination, nor any partial payment of principal to be of 4,737
greater amount than the aggregate amount of such issue falling
due at any date. 4,738
Sec. 742.14. (A) The board of trustees of the OHIO police 4,748
and firemen's disability and FIRE pension fund shall have 4,749
prepared annually by or under the supervision of an actuary an 4,750
actuarial valuation of the pension assets, liabilities, and 4,751
funding requirements of the OHIO police and firemen's disability 4,753
and FIRE pension fund as established pursuant to sections 742.01 4,755
to 742.58 742.61 of the Revised Code. The actuary shall complete 4,756
the valuation in accordance with actuarial standards of practice 4,757
110
promulgated by the actuarial standards board of the American 4,758
academy of actuaries and prepare a report of the valuation. The 4,759
report shall include all of the following: 4,760
(1) A summary of the benefit provisions evaluated; 4,762
(2) A summary of the census data and financial information 4,764
used in the valuation; 4,765
(3) A description of the actuarial assumptions, actuarial 4,767
cost method, and asset valuation method used in the valuation, 4,768
including a statement of the assumed rate of payroll growth and 4,769
assumed rate of growth or decline in the number of members of the 4,770
fund contributing to the pension fund;
(4) A summary of findings that includes a statement of the 4,772
actuarial accrued pension liabilities and unfunded actuarial 4,773
accrued pension liabilities; 4,774
(5) A schedule showing the effect of any changes in the 4,776
benefit provisions, actuarial assumptions, or cost methods since 4,777
the last annual actuarial valuation; 4,778
(6) A statement of whether contributions to the pension 4,780
fund are expected to be sufficient to satisfy the funding 4,781
objectives established by the board. 4,782
The board shall submit the report to the Ohio retirement 4,785
study commission COUNCIL and the standing committees of the house 4,786
of representatives and the senate with primary responsibility for 4,788
retirement legislation not later than the first day of November 4,789
following the year for which the valuation was made. 4,790
(B) The board shall annually thereafter have prepared by 4,792
an actuary a report showing the adequacy of the rate of the 4,795
policemen POLICE OFFICER employers' contribution provided for by 4,797
section 742.33 of the Revised Code, and the adequacy of the rate 4,798
of the firemen FIREFIGHTER employers' contribution provided for 4,799
by section 742.34 of the Revised Code. 4,800
(C) At such times as the board determines, and at least 4,804
once in each quinquennial, the board shall have prepared by or 4,805
under the supervision of an actuary an actuarial investigation of 4,806
111
the mortality, service, and other experience of the members of 4,808
the fund and of other system retirants, as defined in section 4,809
742.26 of the Revised Code, who are members of a police 4,810
department or a fire department to update the actuarial 4,811
assumptions used in the actuarial valuation required by division 4,812
(A) of this section. The actuary shall prepare a report of the 4,813
actuarial investigation. The report shall be prepared and any 4,814
recommended changes in actuarial assumptions shall be made in 4,815
accordance with the actuarial standards of practice promulgated 4,816
by the actuarial standards board of the American academy of 4,817
actuaries. The report shall include all of the following: 4,818
(1) A summary of relevant decrement and economic 4,820
assumption experience observed over the period of the 4,821
investigation;
(2) Recommended changes in actuarial assumptions to be 4,823
used in subsequent actuarial valuations required by division (A) 4,825
of this section;
(3) A measurement of the financial effect of the 4,827
recommended changes in actuarial assumptions. 4,828
The board shall submit the report to the Ohio retirement 4,831
study commission COUNCIL and the standing committees of the house 4,832
of representatives and the senate with primary responsibility for 4,834
retirement legislation not later than the first day of November 4,835
following the last fiscal year of the period the report covers. 4,836
(D) The board shall have prepared by or under the 4,839
supervision of an actuary an actuarial analysis of any introduced
legislation expected to have a measurable financial impact on the 4,840
pension fund. The actuarial analysis shall be completed in 4,842
accordance with the actuarial standards of practice promulgated 4,843
by the actuarial standards board of the American academy of 4,844
actuaries. The actuary shall prepare a report of the actuarial 4,845
analysis, which shall include all of the following: 4,846
(1) A summary of the statutory changes that are being 4,848
evaluated;
112
(2) A description of or reference to the actuarial 4,850
assumptions and actuarial cost method used in the report; 4,851
(3) A description of the participant group or groups 4,853
included in the report; 4,854
(4) A statement of the financial impact of the 4,856
legislation, including the resulting increase, if any, in the 4,857
employer normal cost percentage; the increase, if any, in 4,858
actuarial accrued liabilities; and the per cent of payroll that 4,859
would be required to amortize the increase in actuarial accrued
liabilities as a level per cent of covered payroll for all active 4,860
members of the fund over a period not to exceed thirty years; 4,861
(5) A statement of whether the scheduled contributions to 4,863
the system after the proposed change is enacted are expected to 4,864
be sufficient to satisfy the funding objectives established by 4,865
the board.
Not later than sixty days from the date of introduction of 4,867
the legislation, the board shall submit a copy of the actuarial 4,868
analysis to the legislative budget office of the legislative 4,869
service commission, the standing committees of the house of 4,870
representatives and the senate with primary responsibility for 4,871
retirement legislation, and the Ohio retirement study commission 4,872
COUNCIL.
(E) The board shall have prepared annually a report giving 4,875
a full accounting of the revenues and costs relating to the 4,876
provision of benefits under section 742.45 of the Revised Code. 4,878
The report shall be made as of December 31, 1997, and the 4,881
thirty-first day of December of each year thereafter. The report 4,882
shall include the following:
(1) A description of the statutory authority for the 4,884
benefits provided; 4,885
(2) A summary of the benefits; 4,887
(3) A summary of the eligibility requirements for the 4,889
benefits; 4,890
(4) A statement of the number of participants eligible for 4,892
113
the benefits; 4,893
(5) A description of the accounting, asset valuation, and 4,895
funding method used to provide the benefits; 4,896
(6) A statement of the net assets available for the 4,898
provision of the benefits as of the last day of the fiscal year; 4,900
(7) A statement of any changes in the net assets available 4,903
for the provision of benefits, including participant and employer 4,904
contributions, net investment income, administrative expenses, 4,905
and benefits provided to participants, as of the last day of the 4,906
fiscal year;
(8) For the last six consecutive fiscal years, a schedule 4,908
of the net assets available for the benefits, the annual cost of 4,910
benefits, administrative expenses incurred, and annual employer 4,911
contributions allocated for the provision of benefits; 4,912
(9) A description of any significant changes that affect 4,914
the comparability of the report required under this division; 4,916
(10) A statement of the amount paid under division (C) of 4,918
section 742.45 of the Revised Code. 4,919
The board shall submit the report to the Ohio retirement 4,922
study commission COUNCIL and the standing committees of the house 4,923
of representatives and the senate with primary responsibility for 4,924
retirement legislation not later than the thirtieth day of June 4,926
following the year for which the report was made. 4,927
Sec. 742.15. The board of trustees of the OHIO police and 4,936
firemen's disability and FIRE pension fund shall collect and keep 4,938
in convenient form such data as are necessary for the preparation 4,940
of the required mortality and service tables and for the 4,941
compilation of such other information as is required for the
actuarial evaluations provided for by section 742.14 of the 4,942
Revised Code.
Sec. 742.16. The board of trustees of the OHIO police and 4,951
firemen's disability and FIRE pension fund shall establish a 4,954
period of not more than thirty years to amortize the OHIO police 4,955
and firemen's disability and FIRE pension fund's unfunded 4,957
114
actuarial accrued pension liabilities. The board shall adopt a 4,958
plan that specifies how it proposes to meet the thirty-year 4,959
amortization period not later than December 31, 2006. If in any 4,961
year the period necessary to amortize the unfunded actuarial 4,962
accrued pension liability exceeds thirty years, as determined by 4,963
the annual actuarial valuation required by section 742.14 of the 4,964
Revised Code, the board, not later than ninety days after receipt 4,966
of the valuation, shall prepare and submit to the Ohio retirement 4,967
study commission COUNCIL and the standing committees of the house 4,968
of representatives and the senate with primary responsibility for 4,970
retirement legislation a report that includes the following
information: 4,971
(A) The number of years needed to amortize the unfunded 4,974
actuarial accrued pension liability as determined by the annual 4,975
actuarial valuation;
(B) A plan approved by the board that indicates how the 4,978
board will reduce the amortization period of unfunded actuarial 4,979
accrued pension liability to not more than thirty years;
(C) Whether the board has made any progress in meeting the 4,982
thirty-year amortization period.
Sec. 742.22. A member of the fund who is receiving 4,991
disability benefits from the OHIO police and firemen's disability 4,993
and FIRE pension fund and is restored to active duty as a member 4,994
of a police or fire department shall, in computing years of 4,995
service under section 742.37 or 742.39 of the Revised Code, be 4,996
given service credit for the time the member was receiving such 4,999
disability benefits. 5,001
On restoration to active duty as a member of a police or 5,003
fire department, the member shall make contributions to the fund 5,004
in accordance with section 742.31 of the Revised Code, and the 5,005
member's disability benefits shall be terminated on the first day 5,006
following restoration to active duty. In determining the amount 5,007
of the member's account after the termination of disability 5,008
benefits, the total sum of the disability benefits paid shall be 5,009
115
deducted from any refund payable to the member under division (G) 5,010
of section 742.37 of the Revised Code. 5,011
The employer shall notify the board of trustees of the OHIO 5,014
police and firemen's disability and FIRE pension fund of the 5,015
member's return to active duty before the end of the month then 5,016
current, designating the date of the resumption of active duty. 5,017
If the member is paid any amount of disability benefits to which 5,018
the member is not entitled under this section, such amount shall 5,019
be repaid to the fund by the member or shall be recovered by a 5,020
withholding from subsequent retirement allowances or other 5,021
amounts payable under this chapter. 5,022
Sec. 742.221. A member of the OHIO police and firemen's 5,031
disability and FIRE pension fund who, during the period of 5,032
employment as a member of a police or fire department, is removed 5,034
from active pay status due to pregnancy or a medical disability 5,035
leave not exceeding one year for each such leave, shall, in 5,036
computing years of active service in such department under 5,037
division (C) of section 742.37 or section 742.39 of the Revised 5,038
Code, be given full credit for time for which contributions were 5,039
not made during such leave of absence if all of the following 5,040
conditions are met:
(A) The leave was approved by the member's employing 5,042
authority. 5,043
(B) During the period of the leave the member was not 5,045
entitled to receive disability benefits from the fund. 5,046
(C) The member pays into the fund an amount equal to the 5,048
employee contributions that would have been deducted from the 5,049
base pay had the member remained on active pay status, plus 5,050
interest compounded annually from the date the leave commenced to 5,051
the date of payment. The rate of interest shall be determined by 5,052
the board OF TRUSTEES of the OHIO police and firemen's disability 5,054
and FIRE pension fund. 5,055
Sec. 742.23. A member of the fund who is an employee of 5,064
the police department of a municipal corporation and who has 5,065
116
resigned or has been honorably discharged from membership in the 5,066
fire department of the same municipal corporation shall, in 5,067
computing years of service in the police department under section 5,068
742.37 or 742.39 of the Revised Code, be given full credit for 5,069
time served in such fire department, provided the member has paid 5,070
into the OHIO police and firemen's disability and FIRE pension 5,072
fund a sum equal to that which the member would have been 5,073
required to pay, under former section 741.12 and section 742.31
of the Revised Code, as a member of such fire department during 5,074
the years for which service credit is claimed had the member been 5,075
contributing a percentage of the member's salary to a firemen's 5,076
relief and pension fund or to the OHIO police and firemen's 5,078
disability and FIRE pension fund as provided by such sections 5,079
during such years.
Sec. 742.24. A member of the fund who is an employee of 5,088
the fire department of a municipal corporation and who has 5,089
resigned or has been honorably discharged from membership in the 5,090
police department of the same municipal corporation shall, in 5,091
computing years of service in the fire department under section 5,092
742.37 or 742.39 of the Revised Code, be given full credit for 5,093
the time served in such police department, provided the member 5,094
has paid into the OHIO police and firemen's disability and FIRE 5,096
pension fund a sum equal to that which the member would have been 5,097
required to pay, under former section 741.43 and section 742.31 5,098
of the Revised Code, as a member of such police department during 5,099
the years for which service credit is claimed had the member been 5,100
contributing a percentage of the member's salary to a police 5,101
relief and pension fund or to the OHIO police and firemen's 5,102
disability and FIRE pension fund, as provided by such sections 5,104
during such years.
Sec. 742.25. Each member of the fund, in computing years 5,113
of service, shall be given credit for the service credit to which 5,114
he THE MEMBER was entitled in a firemen's relief and pension 5,115
fund, established pursuant to former section 521.02 or 741.02 of 5,117
117
the Revised Code, or a police relief and pension fund,
established pursuant to former section 741.32 of the Revised 5,118
Code, on the date that the assets of the particular fund were 5,119
transferred to the OHIO police and firemen's disability and FIRE 5,121
pension fund.
Sec. 742.251. (A) A member of the OHIO police and 5,130
firemen's disability and FIRE pension fund, in computing years of 5,132
active service under division (C) of section 742.37 or section 5,134
742.39 of the Revised Code, shall be given full credit for 5,136
full-time out-of-state or federal service, other than military 5,137
service, purchased under this section. A member may purchase 5,138
credit for such service if all of the following conditions are 5,139
met:
(1) The service was rendered as an employee of an entity 5,141
of state or local government, or of an entity of the United 5,142
States government; 5,143
(2) The member is eligible to retire under this chapter or 5,145
will become eligible to retire as a result of purchasing the 5,146
credit; 5,147
(3) The member agrees to retire within ninety days after 5,149
receiving notice of the amount determined under division (B) of 5,150
this section. 5,151
(B) On receipt of a request from a member eligible to 5,153
purchase credit under this section, the fund shall obtain from 5,154
its actuary certification of the amount of the additional 5,155
liability to the fund for each year of credit the member is 5,156
eligible to purchase and shall notify the member of that amount. 5,157
For each year of credit purchased, the member shall pay to the 5,158
fund an amount equal to the additional liability resulting from 5,159
the purchase of credit for that year. Payment shall be made in 5,160
full at the time of purchase. 5,161
(C) The number of years of service purchased under this 5,163
section shall not exceed five. 5,164
(D) A member may not purchase credit under this section 5,166
118
for service that is used in the calculation of any public or 5,167
private retirement benefit, other than federal social security 5,168
benefits, currently being paid or payable in the future to the 5,169
member. 5,170
(E) If the member does not retire within ninety days after 5,172
purchasing credit under this section, the fund shall withdraw the 5,173
credit and refund the amount paid by the member. 5,174
Sec. 742.26. (A) As used in this section: 5,183
(1) "Actuarial present value" means the calculation under 5,185
which the probability of occurrence, based on a specified 5,186
mortality table, and the discount for future monetary growth at a 5,187
specified interest rate are considered by an actuary to determine 5,188
the value of an annuity. 5,189
(2) "Other system retirant" means a former member of the 5,191
public employees retirement system, state teachers retirement 5,192
system, school employees retirement system, state highway patrol 5,193
retirement system, or Cincinnati retirement system who is 5,194
receiving a disability benefit or an age and service or commuted 5,195
age and service retirement benefit or allowance from a system of 5,196
which he THE PERSON is a former member. 5,197
(3) "PFDPFfiremen's disability and FIRE 5,202
pension fund. 5,204
(B) The mortality table and interest rate used in 5,206
determining actuarial present value shall be determined by the 5,207
board of trustees of the fund based on the recommendations of an 5,208
actuary employed by the board. 5,209
(C)(1) A PFDPFhe THE RETIRANT shall make contributions to the fund 5,214
in accordance with section 742.31 of the Revised Code, and the 5,216
employer shall make contributions in accordance with sections 5,217
742.33 and 742.34 of the Revised Code. 5,218
119
(2) An employer that employs a PFDPFA PFDPF AN OPFPF retirant or other system retirant who 5,231
has received his A retirement allowance or benefit for less than 5,232
two months when employment subject to this section commences 5,233
shall forfeit his THE retirement allowance or benefit for the 5,234
period that begins on the date the employment commences and ends 5,236
on the date that is two months after the date on which the 5,237
retirement allowance or benefit commenced. Service and 5,238
contributions for that period shall not be included in the 5,239
calculation of any benefits payable under this section, and those 5,240
contributions shall be refunded on his THE RETIRANT'S death or 5,241
termination of the employment. 5,242
(E) On receipt of notice from the public employees 5,244
retirement system, school employees retirement system, or state 5,245
teachers retirement system of the re-employment of a PFDPFfiremen's disability and FIRE 5,249
pension fund shall not pay, or if paid shall recover, the amount 5,250
to be forfeited by the PFDPFa PFDPFPFDPFhis THE RETIRANT'S individual account in the fund, 5,264
together with interest credited thereon at the rate determined by 5,266
the board, provided the annuity equals or exceeds twenty-five 5,267
120
dollars per month. 5,268
(ii) A lump-sum payment equal to two times the sum of all 5,270
amounts deducted from the salary of the PFDPFhis THE RETIRANT'S 5,273
individual account in the fund, together with interest credited 5,275
thereon at the rate determined by the board. 5,276
(b) Interest shall be credited to accounts only at the 5,278
time of calculation of a benefit payable under division (F)(1) of 5,279
this section. 5,280
(2) A benefit payable under this division shall commence 5,282
on the first day of the month immediately after the latest of the 5,283
following: 5,284
(a) The last day for which compensation for employment 5,286
subject to this section was paid; 5,287
(b) Attainment by the PFDPFPFDPFa PFDPFhis THE 5,309
RETIRANT'S surviving spouse, or if there is no surviving spouse, 5,311
to his THE RETIRANT'S estate.
(2) If at the time of his death a PFDPFhe 5,316
121
would have BEEN received as a lump-sum payment under division 5,317
(F)(1)(a)(ii) of this section, the difference between the amount 5,319
he received and the amount he THAT would have BEEN received as a 5,320
lump-sum payment shall be paid to his THE RETIRANT'S surviving 5,322
spouse, or if there is no surviving spouse, to his THE RETIRANT'S 5,323
estate.
(H) An other system retirant subject to this section is 5,325
not a member of the OHIO police and firemen's disability and FIRE 5,327
pension fund, does not have any of the rights, privileges, or 5,328
obligations of membership, except as specified in this section, 5,329
and is not eligible to receive health, medical, hospital, or 5,330
surgical benefits under section 742.45 of the Revised Code for 5,331
employment subject to this section. 5,332
(I) If any payment is made by the OHIO police and 5,334
firemen's disability and FIRE pension fund to a PFDPFhe THE RETIRANT is not 5,339
entitled, he THE RETIRANT shall repay it to the fund. If he THE 5,341
RETIRANT fails to make the repayment, the fund shall withhold the 5,343
amount due from any allowances or other amounts due the PFDPFA PFDPFfiremen's disability 5,381
and FIRE pension fund who, during employment as a member of a 5,383
police or fire department, is removed from active pay status by 5,384
being laid off by the member's employer, shall, in computing 5,385
years of active service under division (C) of section 742.37 or 5,386
section 742.39 of the Revised Code, be given full credit for time 5,387
for which contributions were not made during the period the 5,388
member was laid off, if all of the following conditions are met: 5,389
(1) During the time the member was laid off, the member 5,391
was not entitled to receive disability benefits from the fund. 5,393
(2) During the time the member was laid off, the member 5,395
did not render any service that is used in the calculation of any 5,396
public or private retirement benefit, except any federal social 5,397
security retirement benefit, currently being paid or payable in 5,398
the future to the member. 5,399
(3) The fund receives the amount determined under division 5,401
(C) of this section from the member, the member's employer, or 5,403
the member and the employer.
The total amount of service purchased by any member under 5,405
this section shall not exceed two years. A member may choose to 5,406
purchase only part of such credit in any one payment, subject to 5,407
board rules. 5,408
(C) The amount paid for the credit purchased under this 5,410
section shall be an amount equal to the additional liability to 5,411
the fund resulting from the purchase of the credit, as determined 5,412
by an actuary employed by the board of trustees of the fund. 5,413
(D) The board shall have final authority to determine and 5,415
fix the amount of the payment for credit purchased under this 5,416
section. The employer may pay all or part of the payment. 5,417
123
(E) The board of trustees shall adopt rules for the 5,419
implementation of this section. 5,420
Sec. 742.30. (A) The employer's accrued liability, as 5,429
determined pursuant to former section 742.29 of the Revised Code, 5,430
shall be paid to the OHIO police and firemen's disability and 5,432
FIRE pension fund. Payments shall be credited to the policemen's 5,433
POLICE OFFICERS' pension reserve fund, or to the firemen's 5,435
FIREFIGHTERS' pension reserve fund, in accordance with the relief 5,437
and pension fund from which the liability for such payment 5,438
arises, until such time as the employer's accrued liability on 5,439
account of pensioners and other benefit recipients on the rolls 5,440
of the particular police relief and pension fund or firemen's 5,441
relief and pension fund is satisfied. Thereafter, payments shall 5,443
be credited to the policemen's POLICE OFFICERS' contribution fund 5,444
or the firemen's FIREFIGHTERS' contribution fund, in accordance 5,446
with the relief and pension fund from which the liability for 5,447
such payments arises, until such time as the employer's accrued 5,448
liability on account of deductions made from the compensation of 5,449
police officers or firefighters under the particular police 5,451
relief and pension fund or firemen's relief and pension fund is 5,453
satisfied. Thereafter, payments shall be credited to the
policemen POLICE OFFICER employers' contribution fund, or firemen 5,455
FIREFIGHTER employers' contribution fund, in accordance with the 5,456
relief and pension fund from which the liability for such 5,458
payments arises, until such time as the employer's total accrued 5,459
liability under the particular police relief and pension fund or 5,460
firemen's relief and pension fund is satisfied. 5,462
(B) That part of the employer's accrued liability 5,464
remaining unpaid on January 1, 1969, shall be paid by the 5,465
employer at not less than the following rates per year: two per 5,466
cent in 1969, two per cent in 1970, three per cent in 1971, four 5,467
per cent in 1972, and five per cent per annum beginning in 1973 5,468
and each year thereafter for sixty-two years. Except as provided 5,469
in division (C) of this section, payments shall be fixed annually 5,470
124
and paid on dates fixed by the board of trustees of the OHIO 5,471
police and firemen's disability and FIRE pension fund. 5,473
(C) The board may enter into an agreement with a municipal 5,477
corporation or township for a single payment by the municipal
corporation or township of the employer's accrued liability. The 5,478
agreement may provide for a reduction in the amount of the 5,480
accrued liability based on the value to the fund of receiving a 5,481
single payment. A municipal corporation or township that has 5,482
made payment in accordance with such an agreement shall have no 5,483
further obligation to make payments under this section. 5,484
(D) The board shall report every two years to the general 5,486
assembly during its first regular session on the condition of the 5,487
retirement system, with particular emphasis upon the payment of 5,488
the employer's accrued liability, and make such recommendations, 5,489
upon the advice of its actuary, as it considers necessary for the 5,490
proper funding of the liabilities. 5,491
Sec. 742.301. Each employer shall promptly pay the amount 5,500
due on the accrued liability on the dates fixed by the board of 5,501
trustees of the OHIO police and firemen's disability and FIRE 5,503
pension fund. Upon certification by the board that payment of an 5,504
employer's accrued liability has not been paid within thirty days 5,505
following the date a payment is due, a penalty of five per cent 5,506
of the amount due shall be assessed against such employer. If 5,507
the payment and penalty have not been paid within ninety days 5,508
following the date a payment is due, annual interest at six per 5,509
cent shall be assessed against the payment and penalty from the 5,510
date that the payment is due. 5,511
Upon certification by the board to the superintendent of 5,513
liquor control or the county auditor of an amount due from any 5,514
employer who is subject to this chapter by reason of such 5,515
employer's delinquency in making payments on the accrued 5,516
liability, the amount due shall be withheld from the employer 5,517
from liquor control permit fees to be distributed to that 5,518
employer according to Chapter 4301. of the Revised Code or from 5,519
125
the local government fund allocated for distribution to that 5,520
employer by the county budget commission in accordance with 5,521
Chapter 5739. of the Revised Code. Upon receipt of the 5,522
certification from the board, the superintendent or county 5,523
auditor shall provide for payment against such funds in favor of 5,524
the OHIO police and firemen's disability and FIRE pension fund 5,526
for the certified amount due and any penalty and interest
thereon. 5,527
Sec. 742.31. Each employee shall contribute an amount 5,536
equal to ten per cent of the employee's salary to the OHIO police 5,537
and firemen's disability and FIRE pension fund. The amount shall 5,539
be deducted by the employer from the employee's salary as defined
in division (L) of section 742.01 of the Revised Code for each 5,541
payroll period, irrespective of whether the minimum compensation 5,543
provided by law for the employee is reduced thereby. Every 5,544
employee shall be deemed to consent to the deductions, and 5,545
payment to the employee less the deductions is a complete 5,546
discharge and acquittance of all claims and demands for the 5,547
services rendered by the employee during the period covered by 5,548
such payment.
Sec. 742.311. (A) As used in this section, "entry age 5,557
normal actuarial cost method" means an actuarial cost method 5,559
under which the actuarial present value of the projected benefits 5,560
of each individual included in the valuation is allocated on a 5,561
level basis over the earnings or service of the individual
between the entry age and the assumed exit age, with the portion 5,562
of the actuarial present value that is allocated to the valuation 5,563
year to be the normal cost and the portion of the actuarial 5,564
present value not provided for at the valuation date by the 5,565
actuarial present value of future normal costs to be the 5,566
actuarial accrued liability. Under this method, the actuarial
gains or losses are reflected as they occur in a decrease or 5,567
increase in the unfunded actuarial accrued liability. 5,568
(B) The Ohio retirement study council shall annually 5,570
126
review the adequacy of the contribution rates provided under 5,571
sections 742.31, 742.33, and 742.34 of the Revised Code and the 5,572
contribution rates recommended in a report by the actuary of the 5,573
OHIO police and firemen's disability and FIRE pension fund for 5,575
the forthcoming year.
The actuarial calculations used by the actuary shall be 5,578
based on the entry age normal actuarial cost method, and the 5,579
adequacy of the contribution rates shall be reported on the basis
of that method. The Ohio retirement study council shall make 5,581
recommendations to the general assembly that it finds necessary 5,582
for the proper financing of the benefits of the OHIO police and 5,583
firemen's disability and FIRE pension fund. 5,584
Sec. 742.32. The fiscal officer of each employer shall 5,593
transmit monthly to the secretary of the board of trustees of the 5,596
OHIO police and firemen's disability and FIRE pension fund a 5,597
report of employee deductions in such form as the board requires. 5,599
The report shall show all deductions for the fund made pursuant 5,600
to section 742.31 of the Revised Code and shall be accompanied by 5,601
payments covering the total of such deductions. Separate 5,603
payments shall be so transmitted for that portion of such 5,605
deductions made from the salaries of members of the police 5,606
department and for that portion of such deductions made from the 5,607
salaries of members of the fire department. A penalty of five 5,608
per cent of the total amount due for the particular reporting 5,609
period shall be added when the report, together with payments to 5,610
cover the total amount due from the salaries of all employees of 5,611
the employer, is transmitted thirty or more days after the last 5,612
day of the reporting period. The penalty shall be added to and 5,613
collected on the next succeeding regular employer billing. If 5,614
the penalty is not paid within three months after it is added to 5,615
the regular employer billing, interest at a rate determined by 5,616
the board may be charged on the amount of the penalty from the 5,618
date the amount is due to the date of payment.
The secretary of the board, after making a record of all 5,621
127
such receipts and crediting each employee's individual account 5,622
with the amount deducted from the employee's salary, shall 5,623
deposit the receipts with the treasurer of state for use as 5,624
provided by this chapter. Where an employer fails to deduct 5,625
contributions for any employee and transmit such amounts to the 5,626
fund, the board may make a determination of the employee's 5,627
liability for contributions and certify to the employer the 5,628
amounts due for collection in the same manner and subject to the 5,629
same penalties as payments due the employer's contributions 5,630
funds. 5,631
Sec. 742.33. (A) Each employer shall pay quarterly, on 5,640
such dates as the board of trustees of the OHIO police and 5,641
firemen's disability and FIRE pension fund requires, from its 5,643
general fund, or from a levy imposed pursuant to division (J) or 5,645
(W) of section 5705.19 of the Revised Code, to the fund an amount 5,646
known as the "police employer's OFFICER EMPLOYERS' contribution," 5,649
which shall be nineteen and one-half per cent of the salaries as 5,651
defined in division (L) of section 742.01 of the Revised Code of 5,653
the members of the police department of the employer. 5,654
(B) The taxing authority of each municipal corporation in 5,656
which there was a police relief and pension fund on October 1, 5,657
1965, shall annually, in the manner provided for making other 5,658
municipal levies and in addition to all other levies authorized 5,659
by law, levy a tax of three-tenths of one mill upon all the real 5,660
and personal property as listed for taxation in the municipal 5,661
corporation for the purpose of paying the police employer's 5,663
OFFICER EMPLOYERS' contribution and the municipal corporation's 5,664
accrued liability for its former police relief and pension fund 5,665
and interest thereon, and of defraying the current operating 5,666
expenses of the municipal corporation. The annual revenues 5,667
derived from the tax shall be used in the following order: 5,668
(1) First, to pay the current police employer's OFFICER 5,670
EMPLOYERS' contribution and any interest related thereto; 5,672
(2) Second, to pay any accrued liability chargeable to the 5,674
128
municipal corporation during the current calendar year for its 5,675
former police relief and pension fund and any interest related 5,676
thereto; 5,677
(3) Third, to defray the current operating expenses of the 5,679
municipal corporation. 5,680
Sec. 742.34. (A) Each employer shall pay quarterly, on 5,689
such dates as the board of trustees of the OHIO police and 5,690
firemen's disability and FIRE pension fund requires, from its 5,692
general fund, or from a levy imposed pursuant to division (I) or 5,694
(W) of section 5705.19 of the Revised Code, to the fund an amount 5,695
known as the "firefighters employer's FIREFIGHTER EMPLOYERS' 5,696
contribution," which shall be twenty-four per cent of the 5,699
salaries as defined in division (L) of section 742.01 of the 5,700
Revised Code of the members of the fire department of the 5,702
employer.
(B) The taxing authority of each municipal corporation in 5,704
which there was a firemen's relief and pension fund on October 1, 5,705
1965, shall annually, in the manner provided for making other 5,706
municipal levies and in addition to all other levies authorized 5,707
by law, levy a tax of three-tenths of one mill upon all the real 5,708
and personal property as listed for taxation in the municipal 5,709
corporation for the purpose of paying the firefighters employer's 5,711
FIREFIGHTER EMPLOYERS' contribution and the municipal 5,712
corporation's accrued liability for its former firemen's relief 5,713
and pension fund and interest thereon, and of defraying the 5,715
current operating expenses of the municipal corporation. The 5,716
annual revenues derived from the tax shall be used in the 5,717
following order:
(1) First, to pay the current firefighters employer's 5,719
FIREFIGHTER EMPLOYERS' contribution and any interest related 5,721
thereto;
(2) Second, to pay any accrued liability chargeable to the 5,723
municipal corporation during the current calendar year for its 5,724
former firemen's relief and pension fund and any interest related 5,725
129
thereto; 5,726
(3) Third, to defray the current operating expenses of the 5,728
municipal corporation. 5,729
Sec. 742.35. Each employer shall pay its annual police 5,739
employer's OFFICER EMPLOYERS' contribution and firefighters 5,740
employer's FIREFIGHTER EMPLOYERS' contribution in four equal 5,742
installments promptly as provided in sections 742.33 and 742.34 5,743
of the Revised Code. Sixty days after the date an installment is 5,744
due, any amounts which remain unpaid shall be subject to a 5,746
penalty for late payment in the amount of five per cent. In 5,747
addition, interest on past due accounts and penalties may be 5,748
charged at a rate determined by the retirement board OF TRUSTEES 5,749
OF THE OHIO POLICE AND FIRE PENSION FUND from the date the 5,750
installment is due to the date of payment. 5,751
Upon certification by the board to the county auditor of an 5,753
amount due from any employer within the county who is subject to 5,754
this chapter, by reason of such employer's delinquency in making 5,755
employer contribution payments to the fund for past years, such 5,756
amount shall be withheld from such employer from any funds in the 5,757
hands of the county treasurer for distribution to such employer. 5,758
Upon receipt of such certification, the county auditor shall draw 5,759
a warrant against such funds in favor of the fund for the amount. 5,760
Sec. 742.36. The treasurer of state shall pay in August 5,769
1981 and each August thereafter from appropriations made for such 5,770
purposes to the OHIO police and firemen's disability and FIRE 5,772
pension fund one million two hundred thousand dollars which shall 5,774
be known as the "state contribution." Upon receipt of such state
contribution, the board of trustees of the OHIO police and 5,775
firemen's FIRE pension fund shall place the state contribution in 5,778
the guarantee fund to be distributed in accordance with division 5,779
(G) of section 742.59 of the Revised Code. 5,780
Sec. 742.361. On or before the first day of August in 1982 5,789
and on or before the first day of August in each year thereafter, 5,790
the board of trustees of the OHIO police and firemen's disability 5,791
130
and FIRE pension fund shall certify to the treasurer of state the 5,794
amount required to be paid in the preceding fiscal year to 5,795
persons first receiving a benefit or allowance prior to July 1,
1981, under divisions (D), (E), (F), and (H)(2), (3), and (4) of 5,796
section 742.37 and by sections 742.377 and 742.3710 of the 5,797
Revised Code. Upon receipt of such certification, the treasurer 5,798
of state shall pay to the fund the amount certified. 5,799
Sec. 742.362. In lieu of an employer contribution to pay 5,808
part of the cost of the benefits provided under section 742.52 of 5,809
the Revised Code, the treasurer of state shall make a payment to 5,810
the OHIO police and firemen's disability and FIRE pension fund in 5,813
August, 1981 and each August thereafter from appropriations made 5,815
for the purpose by the general assembly.
Sec. 742.37. The board of trustees of the OHIO police and 5,824
firemen's disability and FIRE pension fund shall adopt rules for 5,826
the management of the fund and for the disbursement of benefits 5,827
and pensions as set forth in this section and section 742.39 of 5,829
the Revised Code. Any payment of a benefit or pension under this 5,831
section is subject to the provisions of section 742.461 of the 5,832
Revised Code. Notwithstanding any other provision of this 5,833
section, no pension or benefit paid or determined under division 5,834
(B) or (C) of this section or section 742.39 of the Revised Code 5,835
shall exceed the limit established by section 415 of the 5,836
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 5,837
as amended.
(A) Persons who were receiving benefit or pension payments 5,839
from a police relief and pension fund established under former 5,840
section 741.32 of the Revised Code, or from a firemen's relief 5,841
and pension fund, established under former section 521.02 or 5,843
741.02 of the Revised Code, at the time the assets of the fund 5,845
were transferred to the OHIO POLICE AND FIRE PENSION FUND, KNOWN 5,846
AT THAT TIME AS THE police and firemen's disability and pension 5,848
fund, shall receive benefit and pension payments from the OHIO 5,849
police and firemen's disability and FIRE pension fund in the same 5,851
131
amount and subject to the same conditions as such payments were 5,853
being made from the former fund on the date of the transfer. 5,855
(B) A member of the fund who, pursuant to law, elected to 5,857
receive benefits and pensions from a police relief and pension 5,858
fund established under former section 741.32 of the Revised Code, 5,860
or from a firemen's relief and pension fund established under 5,862
former section 741.02 of the Revised Code, in accordance with the 5,863
rules of the fund governing the granting of benefits or pensions 5,865
therefrom in force on April 1, 1947, shall receive benefits and 5,866
pensions from the OHIO police and firemen's disability and FIRE 5,867
pension fund in accordance with such rules; provided, that any 5,869
member of the fund who is not receiving a benefit or pension from 5,870
the fund on August 12, 1975, may, upon application for a benefit 5,871
or pension to be received on or after August 12, 1975, elect to 5,872
receive a benefit or pension in accordance with division (C) of 5,873
this section.
(C) Members of the fund who have not elected to receive 5,875
benefits and pensions from a police relief and pension fund or a 5,876
firemen's relief and pension fund in accordance with the rules of 5,878
the fund in force on April 1, 1947, shall receive pensions and 5,880
benefits in accordance with the following provisions:
(1) A member of the fund who has completed twenty-five 5,882
years of active service in a police or fire department and has 5,883
attained forty-eight years of age may, at the member's election, 5,885
retire from the police or fire department, and upon notifying the 5,886
board in writing of the election, shall receive an annual 5,887
pension, payable in twelve monthly installments, in an amount 5,889
equal to a percentage of the member's average annual salary. The 5,890
percentage shall be the sum of two and one-half per cent for each 5,892
of the first twenty years the member was in the active service of 5,893
the department, plus two per cent for each of the twenty-first to 5,895
twenty-fifth years the member was in the active service of the 5,896
department, plus one and one-half per cent for each year in 5,898
excess of twenty-five years the member was in the active service 5,899
132
of the department. The annual pension shall not exceed 5,900
seventy-two per cent of the member's average annual salary. 5,901
A member who completed twenty-five years of active service, 5,904
has resigned or been discharged, and has left the sum deducted 5,906
from the member's salary on deposit in the pension fund shall, 5,907
upon attaining forty-eight years of age, be entitled to receive a 5,909
normal service pension benefit computed and paid under division 5,910
(C)(1) of this section.
(2) A member of the fund who has served fifteen or more 5,912
years as an active member of a police or fire department and who 5,913
voluntarily resigns or is discharged from the department for any 5,915
reason other than dishonesty, cowardice, intemperate habits, or 5,916
conviction of a felony, shall receive an annual pension, payable 5,917
in twelve monthly installments, in an amount equal to one and 5,918
one-half per cent of the member's average annual salary 5,919
multiplied by the number of full years the member was in the 5,921
active service of the department. The pension payments shall not 5,922
commence until the member has attained the age of forty-eight 5,924
years and until twenty-five years have elapsed from the date on 5,925
which the member became a full-time regular police officer or 5,927
firefighter in the department. 5,928
(3) A member of the fund who has completed fifteen or more 5,930
years of active service in a police or fire department and who 5,931
has attained sixty-two years of age, may retire from the 5,932
department and, upon notifying the board in writing of the 5,933
election to retire, shall receive an annual pension, payable in 5,934
twelve monthly installments, in an amount equal to a percentage 5,935
of the member's average annual salary. The percentage shall be 5,937
the sum of two and one-half per cent for each of the first twenty
years the member was in the active service of the department, 5,939
plus two per cent for each of the twenty-first to twenty-fifth 5,941
years the member was in the active service of the department, 5,943
plus one and one-half per cent for each year in excess of 5,945
twenty-five years the member was in the active service of the 5,947
133
department. The annual pension shall not exceed seventy-two per 5,949
cent of the member's average annual salary. 5,950
(4) With the exception of those persons who may make 5,952
application for benefits as provided in section 742.26 of the 5,954
Revised Code, no person receiving a pension or other benefit 5,955
under division (C) of this section on or after July 24, 1986, 5,956
shall be entitled to apply for any new, changed, or different 5,957
benefit.
If a member covered by division (C) of this section or 5,959
section 742.38 of the Revised Code dies prior to the time the 5,961
member has received a payment and leaves a surviving spouse or 5,963
dependent child, the surviving spouse or dependent child shall 5,964
receive a pension under division (D) or (E) of this section. 5,965
(D)(1) Except as provided in division (D)(2) of this 5,968
section, a surviving spouse of a deceased member of the fund
shall receive a monthly pension as follows: 5,970
(a) For the period beginning July 1, 1999, and ending June 5,974
30, 2000, five hundred fifty dollars; 5,975
(b) For the period beginning July 1, 2000, and the first 5,978
day of July of each year thereafter and continuing for the 5,980
following twelve months, an amount equal to the monthly amount 5,981
paid during the prior twelve-month period plus an amount 5,982
determined by multiplying five hundred fifty dollars by the 5,984
average percentage change in the consumer price index, not 5,985
exceeding three per cent, as determined each year by the board 5,986
under section 742.3716 of the Revised Code. 5,988
(2) A surviving spouse of a deceased member of the fund 5,990
shall receive a monthly pension of four hundred ten dollars if 5,992
one of the following is the case: 5,993
(a) At the time of death, the deceased member had been 5,996
awarded a pension under this chapter based on age and service; 5,997
(b) The surviving spouse is eligible for a benefit under 6,000
section 742.3714 or division (B) or (D) of section 742.63 of the 6,001
Revised Code. If the surviving spouse ceases to be eligible for 6,003
134
a benefit under division (B) or (D) of section 742.63 of the 6,004
Revised Code, the pension shall be increased, effective the first 6,006
day of the first month following the day on which the surviving 6,007
spouse ceases to be eligible for the benefit, to the amount it 6,008
would be under division (D)(1) of this section had the spouse 6,009
never been eligible for a benefit under division (B) or (D) of 6,010
section 742.63 of the Revised Code. 6,013
(3) A pension paid under this division shall continue 6,016
during the natural life of the surviving spouse. Benefits to a 6,018
deceased member's surviving spouse that were terminated under a 6,020
former version of this section that required termination due to 6,021
remarriage and were not resumed prior to September 16, 1998, 6,023
shall resume on the first day of the month immediately following 6,024
receipt by the board of an application on a form provided by the 6,025
board.
(E) Each surviving child of a deceased member of the fund 6,028
shall receive a monthly pension of one hundred fifty dollars 6,030
until the child attains the age of eighteen years, or marries, 6,032
whichever event occurs first. A pension under this division, 6,034
however, shall continue to be payable to a child under age 6,035
twenty-two who is a student in and attending an institution of 6,036
learning or training pursuant to a program designed to complete 6,037
in each school year the equivalent of at least two-thirds of the 6,038
full-time curriculum requirements of the institution, as 6,039
determined by the board. If any surviving child, regardless of 6,042
age at the time of the member's death, because of physical or 6,043
mental disability, is totally dependent upon the deceased member 6,045
for support at the time of death, the child shall receive a 6,046
monthly pension under this division during the child's natural 6,049
life or until the child has recovered from the disability. 6,050
(F) If a deceased member of the fund leaves no surviving 6,052
spouse or surviving children, but leaves two parents dependent 6,053
upon the deceased member for support, each parent shall be paid a 6,055
monthly pension of one hundred dollars. If there is only one 6,056
135
parent dependent upon the member for support, the parent shall be 6,058
paid a monthly pension of two hundred dollars. The pensions 6,060
provided for in this division shall be paid during the natural
life of the surviving parents, or until dependency ceases, or 6,061
until remarriage, whichever event occurs first. 6,062
(G) Subject to the provisions of section 742.461 of the 6,064
Revised Code, a member of the fund who voluntarily resigns or is 6,066
removed from active service in a police or fire department is 6,067
entitled to receive an amount equal to the sums deducted from the 6,068
member's salary and credited to the member's account in the fund, 6,069
except that a member receiving a disability benefit or service 6,070
pension is not entitled to receive any return of contributions to 6,071
the fund.
(H) On and after January 1, 1970, all pensions shall be 6,073
increased in accordance with the following provisions: 6,074
(1) A member of the fund who retired prior to January 1, 6,076
1967, has attained age sixty-five on January 1, 1970, and was 6,077
receiving a pension on December 31, 1969, pursuant to division 6,078
(B) or (C)(1) of this section or former division (C)(2), (3), 6,080
(4), or (5) of this section, shall have the pension increased by 6,081
ten per cent.
(2) The monthly pension payable to eligible surviving 6,083
spouses under division (D) of this section shall be increased by 6,084
forty dollars for each surviving spouse receiving a pension on 6,085
December 31, 1969. 6,086
(3) The monthly pension payable to each eligible child 6,088
under division (E) of this section shall be increased by ten 6,089
dollars for each child receiving a pension on December 31, 1969. 6,090
(4) The monthly pension payable to each eligible dependent 6,092
parent under division (F) of this section shall be increased by 6,093
thirty dollars for each parent receiving a pension on December 6,094
31, 1969. 6,095
(5) A member of the fund, including a survivor of a 6,097
member, who is receiving a pension in accordance with the rules 6,098
136
governing the granting of pensions and benefits in force on April 6,099
1, 1947, that provide an increase in the original pension from 6,101
time to time pursuant to changes in the salaries of active 6,102
members, shall not be eligible for the benefits provided in this 6,103
division. 6,104
(I) On and after January 1, 1977, a member of the fund who 6,106
was receiving a pension or benefit on December 31, 1973, under 6,107
division (A), (B), (C)(1), or former division (C)(2) or (7) of 6,109
this section shall have the pension or benefit increased as 6,110
follows:
(1) If the member's annual pension or benefit is less than 6,112
two thousand seven hundred dollars, it shall be increased to 6,114
three thousand dollars. 6,115
(2) If the member's annual pension or benefit is two 6,117
thousand seven hundred dollars or more, it shall be increased by 6,119
three hundred dollars. 6,120
The following shall not be eligible to receive increased 6,122
pensions or benefits as provided in this division: 6,123
(a) A member of the fund who is receiving a pension or 6,125
benefit in accordance with the rules in force on April 1, 1947, 6,126
governing the granting of pensions and benefits, which provide an 6,127
increase in the original pension or benefit from time to time 6,128
pursuant to changes in the salaries of active members; 6,129
(b) A member of the fund who is receiving a pension or 6,131
benefit under division (A) or (B) of this section, based on 6,132
funded volunteer or funded part-time service, or off-duty 6,133
disability, or partial on-duty disability, or early vested 6,134
service; 6,135
(c) A member of the fund who is receiving a pension under 6,137
division (C)(1) of this section, based on funded volunteer or 6,138
funded part-time service. 6,139
(J) On and after July 1, 1977, a member of the fund who 6,141
was receiving an annual pension or benefit on December 31, 1973, 6,142
pursuant to division (B) of this section, based upon partial 6,143
137
disability, off-duty disability, or early vested service, or 6,144
pursuant to former division (C)(3), (5), or (6) of this section, 6,145
shall have such annual pension or benefit increased by three 6,146
hundred dollars. 6,147
The following are not eligible to receive the increase 6,149
provided by this division: 6,150
(1) A member of the fund who is receiving a pension or 6,152
benefit in accordance with the rules in force on April 1, 1947, 6,153
governing the granting of pensions and benefits, which provide an 6,154
increase in the original pension or benefit from time to time 6,155
pursuant to changes in the salaries of active members; 6,156
(2) A member of the fund who is receiving a pension or 6,158
benefit under division (B) or (C)(2) of this section or former 6,160
division (C)(3), (5), or (6) of this section based on volunteer 6,161
or part-time service.
(K)(1) Except as otherwise provided in this division, 6,163
every person who on July 24, 1986, is receiving an age and 6,164
service or disability pension, allowance, or benefit pursuant to 6,165
this chapter in an amount less than thirteen thousand dollars a 6,166
year that is based upon an award made effective prior to February 6,167
28, 1984, shall receive an increase of six hundred dollars a year 6,168
or the amount necessary to increase the pension or benefit to 6,169
four thousand two hundred dollars after all adjustments required 6,170
by this section, whichever is greater. 6,171
(2) Division (K)(1) of this section does not apply to the 6,173
following: 6,174
(a) A member of the fund who is receiving a pension or 6,176
benefit in accordance with rules in force on April 1, 1947, that 6,177
govern the granting of pensions and benefits and that provide an 6,178
increase in the original pension or benefit from time to time 6,179
pursuant to changes in the salaries of active members; 6,180
(b) A member of the fund who is receiving a pension or 6,182
benefit based on funded volunteer or funded part-time service. 6,183
(L) On and after July 24, 1986: 6,185
138
(1) The pension of each person receiving a pension under 6,187
division (D) of this section on July 24, 1986, shall be increased 6,188
to three hundred ten dollars per month. 6,189
(2) The pension of each person receiving a pension under 6,191
division (E) of this section on July 24, 1986, shall be increased 6,192
to ninety-three dollars per month. 6,193
Sec. 742.371. (A) As used in this section, "lay off" has 6,202
the same meaning as in division (A) of section 742.27 of the 6,203
Revised Code. 6,204
(B) A member of the fund who has voluntarily resigned or 6,206
who voluntarily resigns or who has been or is removed from active 6,207
service in a police or fire department for any reason other than 6,208
a lay off that was involuntary, as certified pursuant to division 6,209
(C) of this section, and receives or has received from a police 6,210
relief and pension fund under division (I) of former section 6,211
741.49 of the Revised Code, or from a firemen's relief and 6,212
pension fund under division (I) of former section 741.18 of the 6,213
Revised Code, or from a township firemen's relief and pension 6,215
fund under division (I) of former section 521.11 of the Revised 6,216
Code, or from the OHIO police and firemen's disability and FIRE 6,218
pension fund under division (G) of section 742.37 of the Revised 6,219
Code, an amount equal to the sum deducted from the member's 6,220
salary and credited to one of such funds shall, upon 6,221
reinstatement to the active service of such police or fire 6,223
department, deposit with the OHIO police and firemen's disability 6,225
and FIRE pension fund an amount equal to the sum so received by 6,227
the member, with interest compounded annually thereon, at a rate 6,229
to be determined by the board of trustees of the OHIO police and 6,231
firemen's disability and FIRE pension fund, from the date of such 6,232
receipt to the date of such deposit. The member may choose to 6,233
purchase only part of such credit in any one payment, subject to 6,234
board rules. Such member shall not be entitled to receive any 6,235
pension or benefit payments under division (B) or (C) of section 6,236
742.37 or section 742.39 of the Revised Code until the member has 6,238
139
made the deposit required by this section. 6,239
(C) A member of the fund who has been or is removed from 6,241
active service in a police or fire department as a result of a 6,242
lay off that was involuntary, as certified pursuant to this 6,243
division, and receives or has received from a police relief and 6,244
pension fund under division (I) of former section 741.49 of the 6,245
Revised Code, or from a firemen's relief and pension fund under 6,246
division (I) of former section 741.18 of the Revised Code, or 6,247
from a township firemen's relief and pension fund under division 6,248
(I) of former section 521.11 of the Revised Code, or from the 6,250
OHIO police and firemen's disability and FIRE pension fund under 6,251
division (G) of section 742.37 of the Revised Code, an amount 6,252
equal to the sum deducted from the member's salary and credited 6,253
to one of such funds may, upon reinstatement to the active 6,255
service of such police or fire department, deposit with the OHIO 6,256
police and firemen's disability and FIRE pension fund an amount 6,258
equal to the sum so received by the member, with interest 6,259
compounded annually thereon, at a rate to be determined by the 6,260
board of trustees of the OHIO police and firemen's disability and 6,262
FIRE pension fund from the date of such receipt to the date of 6,264
such deposit. The member may choose to purchase only part of 6,265
such credit in any one payment, subject to board rules.
If any police or fire department reinstates a member of the 6,267
fund who was removed from active service in that police or fire 6,268
department as a result of a lay off that was involuntary, the 6,269
police or fire department shall upon the request of that member 6,270
certify to the fund that the member was removed from active 6,271
service in that police or fire department as a result of a lay 6,272
off that was involuntary. 6,273
Sec. 742.372. A member of the fund who is in the active 6,282
service of a police department and is not receiving a pension or 6,283
benefit payment from the OHIO police and firemen's disability and 6,285
FIRE pension fund shall, in computing years of active service in 6,286
such department under division (C) of section 742.37 or section 6,287
140
742.39 of the Revised Code, be given credit for the time served 6,289
in the active service of another Ohio police or fire department, 6,290
provided both of the following occur: 6,291
(A) The member was a member of a police or firemen's 6,293
relief and pension fund or the OHIO police and firemen's 6,295
disability and FIRE pension fund during the full time for which 6,297
such active service credit is claimed. 6,298
(B) The member pays into the OHIO police and firemen's 6,300
disability and FIRE pension fund the amount received by the 6,302
member under division (I) of former section 521.11, division (I) 6,304
of former section 741.18, division (I) of former section 741.49, 6,305
or division (G) of section 742.37 of the Revised Code, with 6,306
interest compounded annually thereon at a rate to be determined 6,307
by the board of trustees of the OHIO police and firemen's 6,308
disability and FIRE pension fund, from the date of such receipt 6,311
to the date of such deposit, or there is to the member's credit 6,312
in the policemen's POLICE OFFICERS' contribution fund an amount 6,313
equal to the sums contributed by the member to such police or 6,314
firemen's relief and pension fund or to the OHIO police and 6,316
firemen's disability and FIRE pension fund for the full time for 6,318
which such active service credit is claimed. 6,319
Sec. 742.373. A member of the fund who is in the active 6,328
service of a fire department and is not receiving a pension or 6,329
benefit payment from the OHIO police and firemen's disability and 6,331
FIRE pension fund shall, in computing years of active service in 6,332
such department under division (C) of section 742.37 or section 6,333
742.39 of the Revised Code, be given credit for time served in 6,335
the active service of another Ohio police or fire department, 6,336
provided both of the following occur: 6,337
(A) The member was a member of a police or firemen's 6,339
relief and pension fund or the OHIO police and firemen's 6,340
disability and FIRE pension fund during the full time for which 6,342
such active service credit is claimed. 6,343
(B) The member pays into the OHIO police and firemen's 6,345
141
disability and FIRE pension fund the amount received by the 6,347
member under division (I) of former section 521.11, division (I) 6,348
of former section 741.18, division (I) of former section 741.49, 6,349
or division (G) of section 742.37 of the Revised Code, with 6,350
compound interest thereon at a rate to be determined by the board 6,351
of trustees of the OHIO police and firemen's disability and FIRE 6,353
pension fund, from the date of such receipt to the date of such 6,355
deposit, or there is to the member's credit in the firemen's 6,357
FIREFIGHTERS' contribution fund an amount equal to the sums 6,358
contributed by the member to such police or firemen's relief and 6,359
pension fund or to the OHIO police and firemen's disability and 6,361
FIRE pension fund for the full time for which such active service 6,362
credit is claimed. A member may choose to purchase only part of 6,363
such credit in any one payment, subject to board rules. 6,364
Sec. 742.374. On and after December 31, 1971, all persons 6,373
who retired and were eligible to receive a pension that was 6,374
payable prior to July 1, 1968, pursuant to division (B) of 6,375
section 742.37 of the Revised Code, and all persons who qualified 6,376
for a payment under division (C)(1) of such section or division 6,378
(C)(2), (3), (4), or (5) of former section 742.37 of the Revised 6,379
Code prior to such date shall receive an additional monthly 6,380
payment of two dollars for each year between the member's 6,381
effective date of retirement or disability and December 31, 1971, 6,382
or an additional fifty dollars, whichever is less. 6,383
This section does not apply to persons included under 6,385
division (H)(2) of section 742.37 of the Revised Code. 6,386
On or before the first day of August in each year, the 6,388
board of trustees of the OHIO police and firemen's disability and 6,390
FIRE pension fund shall certify to the treasurer of state the 6,391
amount required to be paid in the preceding fiscal year under 6,392
this section. Upon receipt of such certification, the treasurer 6,393
of state shall pay to the fund the amount certified. 6,394
Sec. 742.375. A member of the fund who is in the active 6,403
service of a police or fire department and is not receiving a 6,404
142
pension or benefit payment from the OHIO police and firemen's 6,406
disability and FIRE pension fund shall, in computing years of 6,407
active service in such department under division (C) of section 6,409
742.37 or section 742.39 of the Revised Code, be given full 6,411
credit for the time served in the state highway patrol retirement 6,412
system, provided such member pays into the OHIO police and 6,413
firemen's disability and FIRE pension fund the amount received by 6,415
the member under section 5505.19 of the Revised Code, with 6,417
interest compounded annually thereon at a rate to be determined 6,418
by the board OF TRUSTEES OF THE OHIO POLICE AND FIRE PENSION FUND 6,419
from the date of such receipt to the date of such deposit. The 6,420
member may choose to purchase only part of such credit in any one 6,421
payment, subject to board rules.
Upon certification by the board of the police and firemen's 6,423
disability and pension fund to the board of the state highway 6,424
patrol retirement system of such payment by the member of the 6,425
fund, the state highway patrol retirement board shall pay from 6,426
the employer's accumulation fund under division (C) of section 6,427
5505.03 of the Revised Code to the OHIO police and firemen's 6,429
disability and FIRE pension fund an amount equal to the payment 6,430
of the member of the fund. 6,432
Sec. 742.376. A member of the fund who is in the active 6,441
service of a police or fire department and is not receiving a 6,442
pension or benefit payment from the OHIO police and firemen's 6,444
disability and FIRE pension fund shall, in computing years of 6,445
active service in such department under division (C) of section 6,447
742.37 or section 742.39 of the Revised Code, be given full 6,448
credit for service as a full-time police officer or firefighter, 6,451
provided that all of the following occur: 6,452
(A) Such service was rendered prior to January 1, 1967. 6,454
(B) The municipal corporation or township, at the time 6,456
such service was rendered, had not established a police or 6,457
firemen's relief and pension fund to which the member could 6,459
otherwise have made pension contributions. 6,460
143
(C) The member was enrolled in the public employees 6,462
retirement system, contributed thereto, and has withdrawn the 6,463
member's retirement contributions. 6,464
(D) The member pays into the OHIO police and firemen's 6,466
disability and FIRE pension fund the amount withdrawn by the 6,467
member from the public employees retirement system, with interest 6,469
compounded annually thereon at a rate to be determined by the 6,470
board from the date of such withdrawal to the date of deposit. 6,471
The member may choose to purchase only part of such credit in any 6,472
one payment, subject to board rules. 6,473
Purchase of such credit in the OHIO police and firemen's 6,475
disability and FIRE pension fund shall forever bar the member 6,476
from reinstating such credit in the public employees retirement 6,477
system. 6,478
Sec. 742.379. (A) As used in this section: 6,487
(1) "Full-time service" has the meaning established by 6,489
rule of the board of trustees of the OHIO police and firemen's 6,491
disability and FIRE pension fund. 6,492
(2) "Qualified contributions" means contributions to the 6,494
public employees retirement system, school employees retirement 6,495
system, or state teachers retirement system attributable to 6,496
full-time service or purchase of credit for service in the armed 6,497
forces of the United States. 6,498
(B) In computing the pension and benefits payable under 6,500
section 742.37 or 742.39 of the Revised Code, the OHIO police and 6,502
firemen's disability and FIRE pension fund shall give a member of 6,504
the fund who is in the active service of a police or fire 6,505
department and is not receiving a pension or benefit payment from 6,506
the fund full credit for service credit earned for full-time 6,507
service as a member of the Cincinnati retirement system or 6,508
purchased from the retirement system for service in the armed 6,510
forces of the United States if, for each year of service credit, 6,511
the fund receives the sum of the following: 6,512
(1) An amount, which shall be paid by the member, equal to 6,514
144
the amount withdrawn by the member from the retirement system 6,516
that is attributable to the year of service credit, with interest 6,517
on that amount from the date of withdrawal to the date of 6,519
payment;
(2) Interest, which shall be paid either by the member or 6,522
the retirement system, on the amount withdrawn by the member from 6,523
the retirement system that is attributable to the year of service
from the last day of the year for which the service credit was 6,525
earned or in which military service credit was purchased or 6,526
obtained to the date the withdrawal was made; 6,527
(3) An amount, which shall be paid by either the member or 6,530
the retirement system, equal to the lesser of the amount
contributed by the employer to the retirement system for the year 6,532
of service or the amount that would have been contributed by the 6,533
employer for the year of service had the member been employed by
the member's current employer as a member of a police or fire 6,535
department, with interest on that amount from the last day of the 6,536
year for which the service credit was earned or in which military 6,537
service was purchased or obtained to the date the payment is 6,538
made;
(4) If the member became a member of the fund on or after 6,540
the effective date of this amendment SEPTEMBER 16, 1998, the 6,542
amount, which shall be paid by the member, determined pursuant to 6,543
division (I) of this section. 6,544
Interest shall be determined in accordance with division 6,546
(H) of this section. 6,547
(C) In computing the pension and benefits payable under 6,550
section 742.37 or 742.39 of the Revised Code, the fund shall give 6,551
a member of the fund who is in the active service of a police or 6,553
fire department, is not receiving a pension or benefit payment 6,554
from the fund, and has withdrawn the member's contributions from 6,555
the public employees retirement system, school employees 6,556
retirement system, or state teachers retirement system full 6,557
credit for service credit earned for full-time service as a 6,558
145
member of the public employees retirement system, school 6,559
employees retirement system, or state teachers retirement system 6,560
or purchased from one of those retirement systems for service in 6,561
the armed forces of the United States if, for each year of 6,562
service, the fund receives the sum of the following: 6,564
(1) An amount, which shall be paid by the member, equal to 6,567
the amount withdrawn by the member from the former retirement 6,569
system that is attributable to that year of service credit, with 6,571
interest on that amount from the date of withdrawal to the date 6,572
of payment;
(2) Interest, which shall be transferred by the former 6,575
retirement system, on the amount withdrawn by the member from the 6,576
retirement system that is attributable to the year of service
from the last day of the year for which the service credit was 6,577
earned or in which military service credit was purchased or 6,578
obtained to the date the withdrawal was made; 6,579
(3) An amount, which shall be transferred by the former 6,582
retirement system, equal to the lesser of the amount contributed 6,583
by the employer to the retirement system for the year of service 6,584
or the amount that would have been contributed by the employer 6,585
for the year of service had the member been employed by the 6,586
member's current employer as a member of a police or fire 6,587
department, with interest on the amount transferred from the last 6,588
day of the year for which the service credit was earned or in 6,589
which military service credit was purchased or obtained to the 6,591
date the transfer is made;
(4) If the member became a member of the fund on or after 6,594
the effective date of this amendment SEPTEMBER 16, 1998, the 6,596
amount, which shall be paid by the member, determined pursuant to 6,597
division (I) of this section.
On receipt of payment from the member, the fund shall 6,599
notify the former retirement system, and on receipt of the 6,600
notice, the retirement system shall make the transfer. Interest 6,601
shall be determined in accordance with division (H) of this 6,603
146
section.
(D) In computing the pension and benefits payable under 6,605
section 742.37 or 742.39 of the Revised Code, the fund shall give 6,607
a member of the fund who is in the active service of a police or 6,608
fire department, is not receiving a pension or benefit from the 6,609
fund, and has contributions on deposit with the public employees 6,610
retirement system, school employees retirement system, or state 6,611
teachers retirement system full credit for service credit earned 6,612
for full-time service as a member of one of those retirement 6,613
systems or purchased from one of the retirement systems for 6,614
service in the armed forces of the United States if both of the 6,616
following occur: 6,617
(1) The retirement system transfers to the fund, for each 6,620
year of service, the sum of the following: 6,621
(a) An amount equal to the member's qualified 6,624
contributions;
(b) An amount equal to the lesser of the employer's 6,627
qualified contributions to the retirement system or the amount 6,628
that would have been contributed by the employer for the 6,629
full-time service had the member been employed by the member's 6,630
current employer as a member of a police or fire department; 6,631
(c) Interest on the amounts specified in divisions 6,633
(D)(1)(a) and (b) of this section from the last day of the year 6,635
for which the service credit was earned or in which military 6,636
service credit was purchased or obtained to the date the transfer 6,637
is made. 6,638
(2) If the member became a member of the fund on or after 6,641
the effective date of this amendment SEPTEMBER 16, 1998, the 6,642
member pays the amount determined pursuant to division (I) of 6,644
this section.
On receipt of a request from the member, the appropriate 6,647
retirement system shall make the transfer specified in division 6,648
(D)(1) of this section. Interest shall be determined in 6,649
accordance with division (H) of this section. 6,650
147
(E) Subject to board rules, a member of the fund may 6,652
choose to purchase in any one payment only part of the credit the 6,653
member is eligible to purchase under division (B) or (C)(1) of 6,655
this section. 6,656
(F) At the request of the fund, the public employees 6,658
retirement system, school employees retirement system, state 6,659
teachers retirement system, or Cincinnati retirement system shall 6,660
certify to the fund a copy of the records of the service and 6,662
contributions of a member of the fund who seeks service credit 6,663
under this section. 6,664
(G) A member of the fund is ineligible to receive credit 6,667
under this section for service that is used in the calculation of 6,668
any retirement benefit currently being paid or payable in the 6,669
future to the member, or service rendered concurrently with any 6,670
other period for which service credit has already been granted. 6,671
(H) Interest charged under this section shall be 6,674
calculated separately for each year of service credit at the 6,675
lesser of the actuarial assumption rate for that year of the fund 6,676
or of the retirement system in which the credit was earned. The 6,677
interest shall be compounded annually. 6,678
The board may, by rule, establish procedures for the 6,680
receipt of service credit under this section. 6,681
(I) The amount to be paid pursuant to division (B)(4), 6,684
(C)(4), or (D)(2) of this section is the sum of the following: 6,685
(1) An amount equal to the difference between the amount 6,688
the member paid as employee contributions for the service and the 6,689
amount the member would have paid had the member been employed by 6,690
the member's current employer as a member of a police or fire 6,691
department;
(2) An amount equal to the difference between the amount 6,694
paid or transferred under division (B)(3), (C)(3), or (D)(1)(b) 6,695
of this section and the amount that would have been contributed 6,696
by the employer for the service had the member been employed by 6,697
the member's current employer as a member of a police or fire 6,699
148
department;
(3) Interest, determined in accordance with division (H) 6,702
of this section, on the amounts specified in divisions (I)(1) and 6,704
(2) of this section.
At the request of a member, in lieu of requiring payment of 6,707
all or part of the amount determined under this division the fund 6,708
may grant the member an amount of service credit under division 6,709
(B), (C), or (D) of this section that is less than the amount for 6,711
which the member is eligible. The service credit granted shall 6,712
be the same percentage of the service credit for which the member 6,713
is eligible that the amount the fund receives under division (B), 6,714
(C), or (D) of this section is of the total amount it would 6,716
receive under those divisions if the full amount determined under 6,717
this division was paid.
(J)(1) Except as provided in division (J)(2) of this 6,720
section and notwithstanding any contrary provision of this
section, the board shall, in computing a pension or benefit under 6,722
section 742.37 or 742.39 of the Revised Code, give a member of 6,723
the fund who is not receiving a pension or disability benefit 6,724
from the fund full credit for service credit purchased under this 6,725
section for service that was less than full-time service if the 6,726
member provides evidence satisfactory to the board that, after 6,727
receiving written notice from the fund indicating that the member 6,729
would be permitted to purchase service credit for service that
was less than full-time, the member changed or ceased the 6,730
member's employment with the understanding that the credit 6,731
identified in the notice would be used in computing a pension or 6,732
benefit. If the board has canceled service credit purchased 6,734
under this section for service that was less than full-time 6,735
service and the member meets the requirements of division (J)(1) 6,736
of this section, the board shall restore the service credit on 6,737
repayment to the fund of the amount refunded to the member at the 6,739
time of cancellation.
(2) If a member of the fund who is not receiving a pension 6,742
149
or disability benefit from the fund purchased credit under this 6,743
section for service that was less than full-time service and does 6,744
not meet the requirements of division (J)(1) of this section, the 6,745
board shall refund to the member any amounts paid to purchase the 6,747
credit, with interest at a rate determined by the board from the 6,748
date the member purchased the credit to the date of the refund. 6,749
(K) A member of the fund who has purchased service credit 6,751
under this section, or the member's estate, is entitled to a 6,752
refund of the amount or portion of the amount paid to purchase 6,753
the credit if the purchased credit or portion of credit does not 6,754
increase a pension or benefit payable under section 742.37 or 6,755
742.39 of the Revised Code. The refund cancels an equivalent 6,756
amount of service credit. 6,757
(L) If a member or former member of the fund who is not a 6,759
current contributor and has not received a refund of accumulated 6,761
contributions elects to receive credit under section 145.295, 6,762
3307.412, or 3309.351 of the Revised Code for service for which 6,764
the member contributed to the fund or purchased credit for
service in the armed forces of the United States, the fund shall 6,765
transfer to the public employees retirement system, school 6,767
employees retirement system, or state teachers retirement system 6,768
the amount specified in division (A) of section 145.295 of the 6,769
Revised Code, division (A) of section 3307.412 of the Revised 6,771
Code, or division (A) of section 3309.351 of the Revised Code. 6,772
(M) The board shall adopt rules establishing a payroll 6,775
deduction plan for the purchase of service credit under this 6,776
section. The rules shall meet the requirements described in
section 742.56 of the Revised Code. 6,778
Sec. 742.3711. (A) On application for retirement as 6,787
provided in section 742.37 of the Revised Code, a member of the 6,788
fund may elect to receive a retirement allowance payable 6,789
throughout the member's life, or may elect, on the application 6,791
for retirement, to receive the actuarial equivalent of the 6,792
member's retirement allowance in a lesser amount payable for life 6,794
150
and continuing after death to a surviving designated beneficiary 6,795
under one of the following optional plans, provided the amount 6,796
payable to the beneficiary shall not exceed the amount payable to 6,797
the retiring member of the fund, and is certified by the actuary 6,798
engaged by the board of trustees of the OHIO police and firemen's 6,800
disability and FIRE pension fund to be the actuarial equivalent 6,801
of the member's retirement allowance and is approved by the 6,803
board.
(1) Option 1. The member's lesser retirement allowance 6,805
shall be paid for life to the sole beneficiary designated at the 6,807
time of the member's retirement. 6,808
(2) Option 2. One-half or some other portion of the 6,810
member's lesser retirement allowance shall be paid for life to 6,812
the sole beneficiary designated at the time of the member's 6,814
retirement. 6,815
(3) Option 3. Upon the member's death before the 6,817
expiration of a certain period from the retirement date and 6,819
elected by the member and approved by the retirement board, the 6,821
member's lesser retirement allowance shall be continued for the 6,822
remainder of that period to the beneficiary the member has 6,824
nominated by written designation and filed with the retirement 6,826
board.
Should the nominated beneficiary designated in writing 6,828
become deceased prior to the expiration of the guarantee period, 6,829
then for the purpose of completing payment for the remainder of 6,830
the guarantee period, the present value of such payments shall be 6,831
paid to the estate of the beneficiary last receiving. 6,832
(B)(1) On or after February 28, 1980, the death of a 6,834
spouse nominated as beneficiary or the death of any other 6,835
nominated beneficiary following retirement shall cancel any 6,836
optional plan of payment to provide continuing lifetime benefits 6,837
to such nominated beneficiary and return the member of the fund 6,838
to the member's single lifetime benefit equivalent, as determined 6,840
by the board, to be effective the month following receipt by the 6,841
151
board of notice of the death. 6,842
(2) On divorce, annulment, or marriage dissolution, a 6,844
member receiving a retirement allowance under a plan that 6,845
provides for continuation of all or part of the allowance after 6,846
death for the lifetime of the member's surviving spouse may, with 6,848
the written consent of the spouse or pursuant to an order of the 6,849
court with jurisdiction over the termination of the marriage, 6,850
elect to cancel the plan and receive the member's single lifetime 6,852
benefit equivalent as determined by the retirement board. The 6,853
election shall be made on a form provided by the board and shall 6,854
be effective the month following its receipt by the board. 6,855
(C) Following marriage or remarriage, a member of the fund 6,857
may elect not later than one year after the date of marriage or 6,858
remarriage a new optional plan of payment based on the actuarial 6,859
equivalent of the member's single lifetime benefit as determined 6,861
by the board. The plan and the member's lesser retirement 6,862
allowance shall become effective on the date the election is made 6,863
on a form approved by the board. 6,864
(D)(1) Unless one of the following occurs, an application 6,866
for retirement by a married person shall be considered an 6,867
election of a benefit under option 2 as provided for in division 6,868
(A)(2) of this section under which one-half of the lesser 6,869
retirement allowance payable during the life of the retirant will 6,870
be paid after death to the retirant's spouse for life as sole 6,872
beneficiary:
(a) The retirant selects an optional plan under division 6,874
(A) of this section providing for payment after death to the 6,876
retirant's spouse for life as sole beneficiary of more than 6,877
one-half of the lesser retirement allowance payable during the 6,878
life of the retirant; 6,879
(b) The retirant submits to the retirement board a written 6,881
statement signed by the spouse attesting that the spouse consents 6,882
to the retirant's election to receive a single lifetime 6,884
retirement allowance or a payment under an optional benefit plan 6,885
152
under which after the death of the retirant the surviving spouse 6,886
will receive less than one-half of the lesser retirement 6,887
allowance payable during the life of the retirant. 6,888
(2) An application for retirement shall include an 6,891
explanation of all of the following: 6,892
(a) That, if the member is married, unless the spouse 6,895
consents to another plan of payment, the member's retirement 6,896
allowance will be paid under "option 2" and consist of the 6,897
actuarial equivalent of the member's retirement allowance in a 6,898
lesser amount payable for life and one-half of the lesser 6,899
allowance continuing after death to the surviving spouse for the
life of the spouse; 6,900
(b) A description of the alternative plans of payment 6,903
available with the consent of the spouse;
(c) That the spouse may consent to another plan of payment 6,906
and the procedure for giving consent;
(d) That consent is irrevocable once notice of consent is 6,908
filed with the board. 6,909
Consent shall be valid only if it is signed, in writing, 6,912
and witnessed by an employee of the board or a notary public. 6,913
(3) If the retirant does not select an optional plan as 6,915
described in division (D)(1)(a) of this section and the board 6,916
does not receive the written statement provided for in division 6,917
(D)(1)(b) of this section, it shall determine and pay the 6,919
retirement allowance in accordance with division (A)(2) of this 6,920
section, except that the board may provide by rule for waiver by 6,921
the board of the statement and payment of the allowance other 6,922
than in accordance with division (A)(2) of this section if the 6,923
retirant is unable to obtain the statement due to absence or 6,924
incapacity of the spouse or other cause specified by the board. 6,925
(E) A member of the fund who has elected an optional plan 6,927
under this section or section 742.3715 of the Revised Code may, 6,928
with the consent of the designated beneficiary, cancel the 6,929
optional plan and receive the retirement allowance payable 6,930
153
throughout life the member would have received had the member not 6,932
elected the optional plan, if the member makes a request to 6,933
cancel the optional plan not later than one year after the later 6,935
of September 9, 1988, or the date on which the member first 6,936
receives a payment under this section or section 742.3715 of the 6,937
Revised Code. Cancellation of the optional plan shall be 6,938
effective the month after acceptance of the request by the 6,939
trustees of the fund. No payment or adjustment shall be made in 6,940
the retirement allowance payable throughout the member's life to 6,941
compensate for the lesser allowance the member received under the 6,942
optional plan.
The request to cancel the optional plan shall be made on a 6,944
form provided by the fund and shall be valid only if the 6,945
completed form includes a signed statement of the designated 6,946
beneficiary's understanding of and consent to the cancellation. 6,947
The signature shall be verified by the trustees of the fund prior 6,948
to their acceptance of the cancellation. 6,949
(F) Any option elected and payments made under this 6,951
section shall be in addition to any benefit payable under 6,952
divisions (D), (E), and (F) of section 742.37 of the Revised 6,953
Code. 6,954
(G)(1) Except as otherwise provided in this division, a 6,956
person is eligible to receive an additional benefit under this 6,957
division if the person is receiving a retirement allowance or 6,958
benefit under an optional plan elected under this section or 6,960
section 742.3715 of the Revised Code based on an award made prior 6,961
to July 24, 1986, and it is the case that, had the member who 6,962
elected the optional plan elected instead to receive a retirement 6,963
allowance payable throughout the member's life, the amount of 6,964
that retirement allowance would be less than the amount specified 6,966
in division (G)(2) of this section. A person is not eligible to 6,967
receive an additional benefit under this section if the person is 6,968
receiving a pension or benefit in accordance with rules in force 6,970
on April 1, 1947, that govern the granting of pensions and 6,971
154
benefits and that provide an increase in the original pension or 6,972
benefit from time to time pursuant to changes in the salaries of 6,973
active members.
(2) In 1988, the amount used to determine eligibility 6,975
under division (G)(1) of this section shall be eighteen thousand 6,976
dollars. Each year thereafter, the amount shall be the prior 6,977
year's amount plus five hundred dollars. 6,978
(3) On or before the fifteenth day of April of each year, 6,980
the board shall determine the average percentage change in the 6,981
consumer price index prepared by the United States bureau of 6,982
labor statistics (U.S. city average for urban wage earners and 6,983
clerical workers: "all items 1982-84=100") for thetwelve-month 6,984
THE TWELVE-MONTH period prior to the first day of January over 6,986
the next preceding twelve-calendar-month period, as reported by 6,987
the bureau. On a determination by the board that this change is 6,988
an increase or that the change plus the accumulation described in 6,991
division (G)(3) of this section is an increase, the board shall 6,992
increase all benefits payable under this section or section 6,993
742.3715 of the Revised Code to eligible persons by the actuarial 6,994
equivalent of an amount determined by multiplying twelve thousand 6,996
dollars by the percentage of the increase in the consumer price 6,997
index, or that percentage plus the accumulation, except that the 6,998
percentage shall not exceed three per cent and no benefit shall
exceed the limit established by section 415 of the "Internal 6,999
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 7,000
amended. 7,001
Any percentage of change in the consumer price index in any 7,003
year that is in excess of three per cent shall be accumulated and 7,004
used to determine increases under this section in succeeding 7,006
years. Any percentage of change in the consumer price index 7,007
accumulated by an eligible person prior to September 27, 1996, 7,009
shall be used in determining any future increases under this 7,010
section. The first additional benefit is payable to all eligible 7,011
persons on July 1, 1988. The additional benefit is payable for 7,012
155
the ensuing twelve-month period or until the next increase is 7,013
granted under this section, whichever is later. 7,014
The date of the first additional benefit payable under this 7,016
section shall be the anniversary date for future additional 7,017
benefits. 7,018
Sec. 742.3712. (A) Effective July 1, 1981, each person 7,027
eligible to receive an age and service or disability pension, 7,028
allowance, or benefit pursuant to Chapter 742. of the Revised 7,029
Code that was based upon an award made effective before January 7,030
1, 1974, shall have his THE PERSON'S monthly pension increased by 7,032
five per cent, except that the twelve-month sum of such increase 7,033
shall not exceed five per cent of the first five thousand dollars 7,034
of the annual pension allowance or benefit. 7,035
A member of the OHIO police and firemen's disability and 7,038
FIRE pension fund or a survivor who is receiving a pension or 7,039
benefit in accordance with the rules in force on April 1, 1947, 7,040
governing the granting of pensions and benefits, which provide an 7,041
increase in the original pension or benefit from time to time 7,042
pursuant to changes in the salaries of active members, shall not 7,043
be eligible to receive the increase provided by this section. 7,044
(B) Effective July 1, 1981, each person eligible to 7,046
receive a survivor's benefit pursuant to Chapter 742. of the 7,047
Revised Code that was based upon an award made effective before 7,048
July 1, 1981, shall have his THE PERSON'S monthly benefit 7,049
increased by five per cent, except that the twelve-month sum of 7,051
such increases shall not exceed five per cent of the first five 7,052
thousand dollars of the annual benefit. 7,053
(C) The increases provided in divisions (A) and (B) of 7,055
this section shall be applied to the benefit payable on and after 7,056
July 1, 1981. 7,057
(D) The benefits provided in divisions (A) and (B) of this 7,059
section are a continuation of those first provided in Am. Sub. H. 7,061
B. 204 as passed by the 113th general assembly.
(E) On or before the first day of August 1, 1982, and on 7,063
156
or before the first day of August in each year thereafter, the 7,064
board of trustees of the OHIO police and firemen's disability and 7,066
FIRE pension fund shall certify to the treasurer of state the 7,067
amounts needed to pay the cost of the additional payments 7,068
required under this section for the preceding fiscal year. Upon 7,069
receipt of these certifications, the treasurer of state shall pay 7,070
the amount certified. 7,071
Sec. 742.3713. (A) On and after November 15, 1981, a 7,080
member of the OHIO police and firemen's disability and FIRE 7,083
pension fund who is receiving a pension or benefit effective 7,084
prior to February 28, 1980, under division (A), (B), or (C) of 7,085
section 742.37 or division (C)(2), (3), (4), or (5) of former 7,087
section 742.37 of the Revised Code shall have such pension or 7,088
benefit increased by forty-six dollars.
The following are not eligible to receive the increase 7,090
provided by this division: 7,091
(1) A member of the fund who is receiving a pension or 7,093
benefit in accordance with the rules in force on April 1, 1947, 7,094
governing the granting of pensions and benefits, which provide an 7,095
increase in the original pension or benefit from time to time 7,096
pursuant to changes in the salaries of active members; 7,097
(2) A member of the fund who is receiving a pension or 7,099
benefit under division (A), (B), or (C) of section 742.37 of the 7,100
Revised Code based on volunteer or part-time service. 7,101
(B) Each surviving spouse who on November 15, 1981, is 7,103
receiving a pension pursuant to division (D) of section 742.37 of 7,105
the Revised Code as it was in effect prior to such date shall 7,107
have the monthly pension increased forty-six dollars.
Sec. 742.3714. As used in this section, "contingent 7,116
dependent beneficiary" means a person so designated pursuant to 7,117
this section by a member or former member of the OHIO police and 7,119
firemen's disability and FIRE pension fund. 7,120
Prior to retiring under section 742.37 of the Revised Code, 7,122
a member or former member of the fund who is, or within twelve 7,123
157
months will be, eligible to retire and receive a pension or 7,124
benefit under division (C)(1) or (3) of section 742.37 of the 7,126
Revised Code may designate one dependent, not the member's or 7,127
former member's spouse, as the contingent dependent beneficiary. 7,129
The determination of what constitutes a dependent for the 7,130
purposes of this section shall be made by the board of trustees 7,131
of the fund in accordance with rules adopted pursuant to this 7,132
section. The designation shall be made on a form provided by the 7,133
board and shall be filed with the board. The designation may be 7,134
changed or withdrawn in accordance with rules adopted by the 7,135
board pursuant to this section. The designation shall be used 7,136
only for the purposes of this section and shall cease to have 7,137
effect if the member or former member retires under section 7,138
742.37 of the Revised Code, or dies prior to retirement and is 7,139
survived by a spouse. The board shall annually inform members 7,140
and eligible former members of the fund of the right to designate 7,141
a contingent dependent beneficiary under this section. 7,142
In addition to any other pension, allowance, or benefit 7,144
payable under this chapter, the surviving spouse of a deceased 7,145
member or former member of the fund who at the time of the 7,146
member's or former member's death was eligible to retire and 7,147
receive a pension or benefit under division (C)(1) or (3) of 7,149
section 742.37 of the Revised Code, but had not retired, shall 7,151
receive an annual retirement allowance under this section, 7,152
payable in twelve monthly installments. If on the date of death 7,153
of the member or former member there is no surviving spouse, the 7,154
allowance shall be paid to the contingent dependent beneficiary. 7,155
If on such date there is no surviving spouse and no person 7,156
designated as a contingent dependent beneficiary who is 7,157
determined by the board of trustees to be a dependent of the 7,158
member or former member, no allowance or benefit shall be paid 7,159
under this section.
The allowance paid under this section shall be an amount 7,161
equal to the amount the surviving spouse or contingent dependent 7,162
158
beneficiary would have been entitled to receive had the member or 7,163
former member retired effective the day following the date of 7,164
death having selected an option 2 plan under division (A)(2) of 7,165
section 742.3711 of the Revised Code providing for one-half of 7,166
the member's or former member's lesser retirement allowance to be 7,168
paid to the surviving spouse or contingent dependent beneficiary. 7,169
Payments under this section are payable effective the first day 7,170
of the first month following the death of the member or former 7,171
member of the fund.
Sec. 742.3715. (A) A member of the OHIO police and 7,180
firemen's disability and FIRE pension fund who retired under 7,182
section 742.37 of the Revised Code before February 28, 1980, may 7,184
elect to receive the actuarial equivalent of the member's 7,185
retirement allowance in a lesser amount payable for the remainder 7,187
of the member's life and continuing after death to the member's 7,188
spouse under one of the optional plans described under division 7,190
(A)(1) or (2) of section 742.3711 of the Revised Code, provided 7,191
the amount payable under the optional plan elected is certified 7,192
by the actuary engaged by the board of trustees of the OHIO 7,193
police and firemen's disability and FIRE pension fund to be the 7,194
actuarial equivalent of the member's retirement allowance and is 7,196
approved by the board. The election shall be made as follows: 7,197
(1) Not later than ninety days after September 26, 1984, 7,199
the member shall file with the board a notice that the member 7,201
wishes to be eligible to make the election authorized by this 7,202
section. The board shall advise the member with respect to the 7,203
choices available under the optional plans and have a 7,204
determination made of the monthly benefits payable under the 7,205
optional plan elected by the member for inclusion in the 7,206
statement to be filed under division (A)(2) of this section. 7,207
(2) Not later than one year after September 26, 1984, the 7,209
member shall file a statement, on a form provided by the board, 7,210
that the member elects to receive benefits under the optional 7,211
benefit plan specified in the statement. 7,212
159
A request or form that is mailed to the board shall be 7,214
considered to have been filed on its postmark date. 7,215
(B) A member of the fund who retired under section 742.37 7,217
of the Revised Code prior to September 16, 1998, was married at 7,221
the time of retirement, and did not elect one of the optional 7,222
plans under section 742.3711 of the Revised Code may elect to 7,224
receive the actuarial equivalent of the member's retirement 7,225
allowance in a lesser amount payable for the remainder of the 7,226
member's life and continuing after death to the member's spouse 7,227
under one of the optional plans described in division (A)(1) or 7,229
(2) of section 742.3711 of the Revised Code, provided the amount 7,231
payable under the optional plan elected is certified by the 7,232
actuary engaged by the board to be the actuarial equivalent of 7,233
the member's retirement allowance and is approved by the board. 7,235
Not later than thirty days after the effective date of this 7,238
amendment DECEMBER 21, 1998, the board shall provide to all 7,239
members described in this division written notice of the election 7,240
available under this division. The notice shall state that a 7,241
member's failure to elect an optional plan under this division 7,242
will result in the member's spouse, at the time of the member's 7,243
death, being eligible only for a benefit under division (D) of 7,245
section 742.37 of the Revised Code. 7,247
The election shall be made as follows: 7,249
(1) Not later than one hundred twenty days after the 7,251
effective date of this amendment DECEMBER 21, 1998, the member 7,253
shall file with the board a notice that the member wishes to make 7,254
the election authorized by this section. The board shall advise 7,255
the member with respect to the choices available under the 7,256
optional plans and have a determination made of the monthly 7,257
benefits payable under the optional plan elected by the member 7,258
for inclusion in the statement to be filed under division (B)(2) 7,260
of this section.
(2) Not later than one year after the effective date of 7,262
this amendment DECEMBER 21, 1998, the member shall file a 7,264
160
statement, on a form provided by the board, that the member 7,265
elects to receive benefits under the optional plan specified in 7,266
the statement. A request or form that is mailed to the board 7,267
shall be considered to have been filed on its postmark date. 7,268
Benefits under the optional plan shall begin on the first day of 7,269
the first month following the date the statement is filed with 7,270
the board.
(C)(1) The death of the member's spouse shall cancel any 7,272
plan elected pursuant to this section and return the member to 7,273
the member's single lifetime benefit equivalent, as determined by 7,275
the board, to be effective the month following receipt by the 7,276
board of notice of the death. 7,277
(2) On divorce, annulment, or marriage dissolution, a 7,279
member receiving a retirement allowance under a plan that 7,280
provides for continuation of all or part of the allowance after 7,281
death for the lifetime of the member's surviving spouse may, with 7,283
the written consent of the spouse or pursuant to an order of the 7,284
court with jurisdiction over the termination of the marriage, 7,285
elect to cancel the plan and receive the member's single lifetime 7,287
benefit equivalent as determined by the retirement board. The 7,288
election shall be made on a form provided by the board and shall 7,289
be effective the month following its receipt by the board. 7,290
(D) If the member remarries after cancellation under 7,292
division (C)(1) or (2) of this section of an optional plan, the 7,294
member may elect not later than one year after the date of 7,295
remarriage a new optional plan based on the actuarial equivalent 7,297
of the member's single lifetime benefit as determined by the 7,298
board. The plan and the member's lesser retirement allowance 7,300
shall become effective on the date the election is made on a form 7,301
approved by the board. 7,302
(E) Any option elected and payments made under this 7,304
section shall be in addition to any benefit payable under 7,305
division (D) of section 742.37 of the Revised Code. 7,306
Sec. 742.3716. (A) As used in this section: 7,315
161
(1) "Eligible person" means a person who meets all of the 7,317
following conditions: 7,318
(a) Has been receiving a pension or benefit under this 7,320
chapter for one year or more based on an award made on or after 7,321
July 24, 1986; 7,322
(b) Has not made the election provided for in division (B) 7,324
of this section; 7,325
(c) Is not the spouse or survivor of a person who has made 7,327
the election provided for in division (B) of this section; 7,328
(d) Is receiving a benefit in accordance with division 7,330
(A), (B), or (C) of section 742.37, division (C)(2), (3), (4), or 7,332
(5) of former section 742.37, section 742.3711, or section 742.39 7,333
of the Revised Code. 7,334
(2) "Recalculated average annual salary" means the highest 7,336
average annual compensation of a member of the OHIO police and 7,337
firemen's disability and FIRE pension fund during any three years 7,339
of contributions, including amounts included in terminal pay 7,340
attributable to such three years, determined by dividing the 7,341
member's total earnings as an employee during such years by 7,342
three. 7,343
(B)(1) Notwithstanding section 742.37 or 742.39 of the 7,345
Revised Code, a member of the fund who is not receiving a pension 7,347
or benefit under this chapter and who on January 1, 1989, has 7,348
completed fifteen or more years of active service in a police or 7,349
fire department may elect to have any future benefit or pension 7,350
paid to the member or the member's spouse or survivors under this 7,352
chapter calculated on the basis of the member's recalculated 7,353
average annual salary rather than the member's average annual 7,355
salary. The election shall be made by the member prior to or at 7,357
the time of making an election under section 742.3711 of the 7,358
Revised Code.
(2) If the member eligible to make the election under 7,360
division (B)(1) of this section dies prior to making the election 7,361
and at the time of death is eligible to retire and receive a 7,362
162
pension or benefit under division (C)(1) or (3) of section 742.37 7,364
of the Revised Code, the person entitled to receive a benefit 7,365
under section 742.3714 of the Revised Code may make the election 7,366
provided for in division (B)(1) of this section. 7,367
(3) The election under division (B)(1) or (2) of this 7,369
section shall be made on forms provided by the trustees of the 7,370
fund. Once received by the fund, the election shall be 7,371
irrevocable and shall bind the member and any other person who 7,372
receives a pension or benefit based on the member's service. No 7,373
person who receives a pension or benefit calculated in accordance 7,374
with division (B) of this section is eligible to receive a 7,375
cost-of-living allowance under this section. If the person 7,376
making the election receives a benefit under section 742.3714 of 7,377
the Revised Code, that person is not eligible to receive a 7,378
cost-of-living allowance under section 742.3711 of the Revised 7,379
Code. 7,380
(C)(1) On or before the fifteenth DAY of April of each 7,382
year, the board of trustees of the OHIO police and firemen's 7,383
disability and FIRE pension fund shall determine the average 7,385
percentage change in the consumer price index prepared by the 7,386
United States bureau of labor statistics (U.S. City Average for 7,387
Urban Wage Earners and Clerical Workers: "All Items 7,388
1982-84=100") for thetwelve-month THE TWELVE-MONTH period prior 7,390
to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a 7,391
determination by the board that such change is an increase or 7,393
that the change plus the accumulation described in division 7,394
(C)(2) of this section is an increase, the board shall increase 7,395
all benefits payable to eligible persons by a percentage equal to 7,396
the percentage increase in the consumer price index or to that 7,397
increase plus the accumulation, except that the increase shall 7,398
not exceed three per cent and no benefit shall exceed the limit 7,400
established by section 415 of the "Internal Revenue Code of 7,401
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 7,402
163
(2) Any percentage of change in the consumer price index 7,404
in any year that is in excess of three per cent shall be 7,406
accumulated and used to determine increases under this section in 7,408
succeeding years. Any percentage of change in the consumer 7,409
price index accumulated by an eligible person prior to September 7,411
27, 1996, shall be used in determining any future increases under 7,412
this section. The first additional benefit is payable to all 7,413
eligible persons who on July 1, 1988, have been receiving a 7,414
pension or benefit for twelve months or longer. The additional 7,415
benefit is payable for the ensuing twelve-month period or until 7,416
the next increase is granted under this section, whichever is 7,417
later.
The date of the first additional benefit paid under this 7,419
section shall be the anniversary date for future additional 7,420
benefits. The pension or benefit used in the first calculation 7,421
of an additional benefit under this section shall remain as the 7,422
base for all future additional benefits paid under this section, 7,423
unless a new base is established by law. 7,424
(3) Additional benefits paid in years subsequent to the 7,426
year of the first additional benefit paid under this section 7,427
shall be paid to all eligible persons who, on the date that the 7,428
additional benefit is authorized by the board, have been 7,429
receiving a pension or benefit for twelve months. 7,430
Sec. 742.3717. (A)(1) Except as provided in division 7,440
(A)(2) of this section, as used in this section, "eligible 7,441
retirant" means a person who meets all of the following 7,442
conditions:
(a) The person is receiving an annual pension or benefit 7,444
under division (A), (B), or (C) of section 742.37 or division 7,446
(C)(2), (3), (4), or (5) of former section 742.37, of the Revised 7,447
Code based on an award made prior to July 24, 1986. 7,448
(b) The person has not elected under section 742.3711 of 7,450
the Revised Code to receive a retirement allowance under an 7,451
optional benefit plan. 7,452
164
(c) The amount of the annual pension or benefit is less 7,454
than the amount specified in division (B) of this section. 7,455
(2) A person is not an eligible retirant if the person is 7,457
receiving a pension or benefit in accordance with rules in force 7,458
on April 1, 1947, that govern the granting of pensions and 7,459
benefits and that provide an increase in the original pension or 7,460
benefit from time to time pursuant to changes in the salaries of 7,461
active members. 7,462
(B) In 1988, the amount used to determine eligibility 7,464
under division (A)(1)(c) of this section shall be eighteen 7,465
thousand dollars. Each year thereafter, the amount shall be the 7,466
prior year's amount plus five hundred dollars. 7,467
(C)(1) On or before the fifteenth day of April of each 7,469
year, the board of trustees of the OHIO police and firemen's 7,470
disability and FIRE pension fund shall determine the average 7,472
percentage change in the consumer price index prepared by the 7,473
United States bureau of labor statistics (U.S. city average for 7,474
urban wage earners and clerical workers: "all items 7,475
1982-84=100") for thetwelve-month THE TWELVE-MONTH period prior 7,477
to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a 7,478
determination by the board that this change is an increase or 7,481
that the change plus the accumulation described in division 7,482
(C)(2) of this section is an increase, the board shall increase 7,483
all benefits payable to eligible persons by an amount determined 7,485
by multiplying twelve thousand dollars by the percentage of the 7,486
increase in the consumer price index, or that percentage plus the 7,487
accumulation, except that the percentage shall not exceed three 7,488
per cent and no benefit shall exceed the limit established by 7,489
section 415 of the "Internal Revenue Code of 1986," 100 Stat. 7,490
2085, 26 U.S.C.A. 415, as amended.
(2) Any percentage of change in the consumer price index 7,492
in any year that is in excess of three per cent shall be 7,493
accumulated and used to determine increases under this section in 7,495
165
succeeding years. Any percentage of change in the consumer 7,496
price index accumulated by an eligible person prior to September 7,498
27, 1996, shall be used in determining any future increases under 7,499
this section. The first additional benefit is payable to all 7,500
eligible retirants on July 1, 1988. The additional benefit is 7,501
payable for the ensuing twelve-month period or until the next 7,502
increase is granted under this section, whichever is later. 7,503
The date of the first additional benefit payable under this 7,505
section shall be the anniversary date for future additional 7,506
benefits. 7,507
Sec. 742.3718. (A) Except as otherwise provided in this 7,516
division, each person who on September 9, 1988, is receiving a 7,518
pension or benefit of less than five thousand dollars annually 7,520
under division (A) or (B) of section 742.37 of the Revised Code 7,521
on the basis of disability or service of twenty-five years or 7,522
more, under division (C)(1) of that section, or under division 7,523
(C)(2) or (5) of former section 742.37 of the Revised Code shall 7,524
have the pension or benefit increased to five thousand dollars a 7,526
year, effective July 1, 1988. This division does not apply to 7,527
any person receiving a pension or benefit based on funded 7,528
volunteer or funded part-time service.
(B) On and after July 1, 1988: 7,530
(1) The pension of each person receiving a pension or 7,532
benefit under division (D) of section 742.37 of the Revised Code 7,533
shall be increased to four hundred ten dollars a month. 7,534
(2) The pension of each person receiving a pension or 7,536
benefit under division (E) of section 742.37 of the Revised Code 7,537
shall be increased to one hundred eighteen dollars a month. 7,538
(C) Notwithstanding any average annual salary limitation 7,541
in section 742.37 of the Revised Code, each person who on July 1, 7,544
1999, is receiving an annual pension or benefit described in 7,545
division (A), (B), or (C)(1) or (3) of that section of less than 7,548
six thousand six hundred dollars shall have the pension increased 7,549
to that amount, effective July 1, 1999. The increase granted 7,551
166
under this division shall be included in a person's base for the 7,553
purpose of determining future increases under section 742.3716 of 7,554
the Revised Code. 7,555
(D)(1) This division applies to the following persons who 7,557
are receiving a pension under division (D) of section 742.37 of 7,559
the Revised Code: 7,561
(a) On the effective date of this amendment JULY 1, 1999, 7,564
the person is the surviving spouse of a deceased member of the 7,566
fund and is not receiving a benefit under division (B) or (D) of 7,567
section 742.63 of the Revised Code.
(b) No later than one year after the effective date of 7,569
this amendment JULY 1, 1999, the person is the surviving spouse 7,572
of a deceased member of the fund who was retired under section
742.37 of the Revised Code with an effective date of retirement 7,573
before September 16, 1998. 7,574
(2) The monthly pension of each person described in 7,576
division (D)(1) of this section shall be increased as follows: 7,578
(a) For the period beginning July 1, 1999, and ending June 7,582
30, 2000, to five hundred fifty dollars; 7,583
(b) For the period beginning July 1, 2000, and the first 7,586
day of July of each year thereafter and continuing for the 7,588
following twelve months, to an amount equal to the monthly amount 7,589
paid during the prior twelve-month period plus an amount 7,590
determined by multiplying five hundred fifty dollars by the 7,592
average percentage change in the consumer price index, not 7,593
exceeding three per cent, as determined each year by the board of 7,594
trustees of the OHIO police and firemen's disability and FIRE 7,596
pension fund under section 742.3716 of the Revised Code. 7,599
(3) If a person who is receiving a pension under division 7,601
(D) of section 742.37 of the Revised Code and a benefit under 7,604
division (B) or (D) of section 742.63 of the Revised Code ceases 7,608
to be eligible for a benefit under division (B) or (D) of section 7,610
742.63 of the Revised Code, the person's monthly pension shall be 7,613
increased, effective the first day of the first month following 7,614
167
the date on which the person ceases to be eligible for the 7,615
benefit, to the amount it would be under division (D)(2) of this 7,616
section had the person never been eligible for a benefit under 7,617
division (B) or (D) of section 742.63 of the Revised Code. 7,619
(E) The monthly pension of each person receiving a pension 7,622
under division (E) of section 742.37 of the Revised Code shall be 7,624
increased to one hundred fifty dollars effective July 1, 1999. 7,625
(F) Effective July 1, 1999, the monthly pension of each 7,628
person receiving a pension under division (F) of section 742.37 7,629
of the Revised Code shall be increased as follows: 7,632
(1) If there are two dependent parents, to one hundred 7,634
dollars;
(2) If there is one dependent parent, to two hundred 7,636
dollars.
Sec. 742.3719. Whenever the limits established by section 7,645
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 7,646
U.S.C.A. 415, as amended, are raised, the BOARD OF trustees of 7,647
the OHIO police and firemen's disability and FIRE pension fund 7,649
shall increase the amount of the pension, benefit, or allowance 7,650
of any person whose pension, benefit, or allowance payable under 7,651
section 742.37, 742.3716, 742.3717, or 742.39 of the Revised Code 7,653
was limited by the application of section 415. The amount of the 7,654
increased pension, benefit, or allowance shall not exceed the 7,655
lesser of the amount the person would have received if the limits 7,656
established by section 415 had not been applied or the amount the 7,657
person is eligible to receive subject to the new limits 7,658
established by section 415. 7,659
Sec. 742.38. (A)(1) The board of trustees of the OHIO 7,669
police and firemen's disability and FIRE pension fund shall adopt 7,671
rules establishing minimum medical testing and diagnostic 7,672
standards or procedures to be incorporated into physical 7,673
examinations administered by physicians to prospective members of 7,676
the fund. The standards or procedures shall include diagnosis
and evaluation of the existence of any heart disease, 7,677
168
cardiovascular disease, or respiratory disease. The rules shall 7,679
specify the form of the physician's report and the information to 7,680
be included in it.
The board shall notify all employers of the establishment 7,682
of the minimum standards or procedures and shall include with the 7,683
notice a copy of the standards or procedures. The board shall 7,685
notify all employers of any changes made to the standards or
procedures. Once the standards or procedures take effect, 7,687
employers shall cause each prospective member of the fund to 7,688
submit to a physical examination that incorporates the standards 7,689
or procedures.
(2) Division (A)(2) of this section applies to an employee 7,692
who becomes a member of the fund on or after the date the minimum 7,693
standards or procedures described in division (A)(1) of this 7,695
section take effect. Not later than thirty days after such an
employee becomes a member of the fund, the employer shall forward 7,697
to the board a copy of the physician's report of a physical 7,698
examination that incorporates the standards or procedures 7,699
described in division (A)(1) of this section. If an employer 7,701
fails to forward the report, the board shall assess against the 7,702
employer a fine of one hundred dollars per day, beginning with 7,703
the first day after the date the report is due and ending on the 7,704
last day prior to the date the report is received by the board. 7,705
Any amount due from an employer under division (A)(2) of this 7,706
section may be collected from the county auditor in the same 7,707
manner as is provided in section 742.35 of the Revised Code. 7,709
(B) Application for a disability benefit may be made by a 7,711
member of the fund or, if the member is incapacitated as defined 7,712
in rules adopted by the board, by a person acting on the member's 7,713
behalf. Not later than fourteen days after receiving an 7,715
application for a disability benefit from a member or a person
acting on behalf of a member, the board shall notify the member's 7,717
employer that an application has been filed. The notice shall 7,718
state the member's position or rank. Not later than twenty-eight 7,719
169
days after receiving the notice or filing an application on 7,720
behalf of a member, the employer shall forward to the board a 7,721
statement certifying the member's job description and any other 7,722
information required by the board to process the application. 7,723
If the member applying for a disability benefit becomes a 7,726
member of the fund prior to the date the minimum standards or 7,727
procedures described in division (A)(1) of this section take 7,728
effect, the board may request from the member's employer a copy 7,729
of the physician's report of the member's physical examination 7,730
taken on entry into the police or fire department. Not later 7,731
than twenty-eight days after receiving a request from the board, 7,732
the employer shall forward a copy of the report or, if the 7,733
employer does not have a copy of the report, a written statement 7,734
certifying that the employer does not have a copy of the report. 7,735
If an employer fails to forward the report or statement, the 7,736
board shall assess against the employer a fine of one hundred 7,737
dollars per day, beginning with the first day after the date the 7,738
report or statement is due and ending on the last day prior to 7,739
the date the report or statement is received by the board. Any 7,740
amount due from an employer under this division may be collected 7,742
from the county auditor in the same manner as is provided in 7,743
section 742.35 of the Revised Code. The board shall maintain the 7,744
information submitted under this division and division (A)(2) of 7,745
this section in the member's file. 7,746
(C) For purposes of determining under division (D) of this 7,749
section whether a member of the fund is disabled, the board shall 7,751
adopt rules establishing objective criteria under which the board 7,752
shall make the determination. The rules shall include standards 7,753
that provide for all of the following: 7,754
(1) Evaluating a member's illness or injury on which an 7,757
application for disability benefits is based;
(2) Defining the occupational duties of a police officer 7,759
or firefighter; 7,760
(3) Providing for the board to assign competent and 7,763
170
disinterested physicians and vocational evaluators to conduct 7,764
examinations of a member; 7,765
(4) Requiring a written report for each disability 7,768
application that includes a summary of findings, medical 7,769
opinions, including an opinion on whether the illness or injury 7,770
upon which the member's application for disability benefits is 7,771
based was caused or induced by the actual performance of the 7,772
member's official duties, and any recommendations or comments 7,773
based on the medical opinions; 7,774
(5) Providing for the board to consider the member's 7,776
potential for retraining or reemployment. 7,777
(D) This division does not apply to members of the fund 7,780
who have elected to receive benefits and pensions in accordance 7,781
with division (A) or (B) of section 742.37 of the Revised Code or 7,782
from a police relief and pension fund or a firemen's relief and 7,783
pension fund in accordance with the rules of that fund in force 7,784
on April 1, 1947. 7,785
(1) As used in division (D)(1) of this section: 7,787
(a) "Totally disabled" means a member of the fund is 7,790
unable to perform the duties of any gainful occupation for which 7,791
the member is reasonably fitted by training, experience, and 7,792
accomplishments. Absolute helplessness is not a prerequisite of 7,793
being totally disabled. 7,794
(b) "Permanently disabled" means a condition of disability 7,797
from which there is no present indication of recovery. 7,798
A member of the fund who is permanently and totally 7,800
disabled as the result of the performance of the member's 7,801
official duties as a member of a police or fire department shall 7,802
be paid annual disability benefits in accordance with division 7,803
(A) of section 742.39 of the Revised Code. In determining 7,804
whether a member of the fund is permanently and totally disabled, 7,805
the board shall consider standards adopted under division (C) of 7,806
this section applicable to the determination. 7,807
(2) A member of the fund who is partially disabled as the 7,809
171
result of the performance of the member's official duties as a 7,810
member of a police or fire department shall, if the disability 7,811
prevents the member from performing those duties and impairs the 7,812
member's earning capacity, receive annual disability benefits in 7,814
accordance with division (B) of section 742.39 of the Revised 7,815
Code. In determining whether a member of the fund is partially 7,817
disabled, the board shall consider standards adopted under
division (C) of this section applicable to the determination. 7,818
(3) A member of the fund who is disabled as a result of 7,820
heart disease or any cardiovascular or respiratory disease of a 7,822
chronic nature, which disease or any evidence of which disease 7,823
was not revealed by the physical examination passed by the member 7,825
on entry into the department, is presumed to have incurred the 7,826
disease while performing the member's official duties, unless the 7,827
contrary is shown by competent evidence. 7,828
(4) A member of the fund who has completed five or more 7,830
years of active service in a police or fire department and has 7,831
incurred a disability not caused or induced by the actual 7,832
performance of the member's official duties as a member of the 7,833
department, or by the member's own negligence, shall if the 7,834
disability prevents the member from performing those duties and 7,835
impairs the member's earning capacity, receive annual disability 7,837
benefits in accordance with division (C) of section 742.39 of the 7,838
Revised Code. In determining whether a member of the fund is 7,840
disabled., the board shall consider standards adopted under 7,841
division (C) of this section applicable to the determination. 7,843
(5) The board shall notify a member of its final action 7,845
awarding a disability benefit to the member within thirty days of 7,847
the final action. The notice shall be sent by certified mail, 7,848
return receipt requested. Not later than ninety days after 7,849
receipt of notice from the board, the member shall elect, on a 7,850
form provided by the board, either to accept or waive the
disability benefit award. If the member elects to waive the 7,851
disability benefit award or fails to make an election within the 7,852
172
time period, the award is rescinded. A member who later seeks a 7,853
disability benefit award shall be required to make a new 7,854
application, which shall be dealt with in accordance with the 7,855
procedures used for original disability benefit applications. 7,857
A person is not eligible to apply for or receive disability 7,860
benefits under this division, section 742.39 of the Revised Code,
or division (C)(2), (3), (4), or (5) of former section 742.37 of 7,862
the Revised Code unless the person is a member of the fund on the 7,863
date on which the application for disability benefits is 7,864
submitted to the fund.
With the exception of persons who may make application for 7,866
increased benefits as provided in division (2) or (4) of this 7,868
section or division (C)(3) or (5) of former section 742.37 of the 7,869
Revised Code on or after July 24, 1986, or persons who may make 7,871
application for benefits as provided in section 742.26 of the 7,872
Revised Code, no person receiving a pension or benefit under this 7,873
section or division (C) of former section 742.37 of the Revised 7,874
Code may apply for any new, changed, or different benefit. 7,876
Sec. 742.381. Not later than March 1, 2000, and each first 7,886
day of March for the succeeding five years, the board of trustees 7,887
of the OHIO police and firemen's disability and FIRE pension fund 7,889
shall make and submit a report for the preceding fiscal year of 7,890
the disability retirement experience of each employer. The 7,891
report shall specify the total number of disability applications 7,892
submitted, the status of each application as of the last day of 7,893
the fiscal year, total applications granted or denied, and the 7,894
percentage of disability benefit recipients to the total number 7,895
of the employer's employees who are members of the fund. The 7,896
report shall be submitted to the governor, the Ohio retirement 7,898
study council, and the chairpersons of the standing committees 7,899
and subcommittees of the senate and house of representatives with 7,900
primary responsibility for retirement legislation. 7,901
Sec. 742.39. (A) A member of the OHIO police and 7,911
firemen's disability and FIRE pension fund determined to be 7,913
173
eligible for a disability benefit under division (D)(1) of 7,914
section 742.38 of the Revised Code shall be paid annual 7,915
disability benefits, payable in twelve monthly installments, in 7,917
an amount equal to seventy-two per cent of the member's average 7,918
annual salary.
(B) A member of the fund determined to be eligible for a 7,921
disability benefit under division (D)(2) of section 742.38 of the 7,923
Revised Code shall be paid annual disability benefits, payable in 7,924
twelve monthly installments. If the member has fewer than 7,925
twenty-five years of active service in a police or fire 7,926
department, the benefit shall be in an amount fixed by the board 7,927
of trustees of the OHIO police and firemen's disability and FIRE 7,928
pension fund. The board may increase or decrease the benefit 7,930
whenever the board determines that the impairment of the member's 7,931
earning capacity warrants an increase or decrease based on the 7,932
standards adopted under division (C) of section 742.38 of the 7,934
Revised Code applicable to the determination, but in no event 7,935
shall the benefit exceed sixty per cent of the member's average 7,936
annual salary. 7,937
A member who has completed twenty-five or more years of 7,939
active service in the department shall receive annual disability 7,940
benefits, payable in twelve monthly installments, in an amount 7,941
equal to a percentage of the member's average annual salary. The 7,943
percentage shall be the sum of two and one-half per cent for each 7,944
of the first twenty years the member was in the active service of 7,945
the department, plus two per cent for each of the twenty-first to 7,946
twenty-fifth years the member was in the active service of the 7,947
department, plus one and one-half per cent for each year in 7,948
excess of twenty-five years the member was in the active service 7,949
of the department. The annual disability benefit shall not 7,950
exceed seventy-two per cent of the member's average annual 7,951
salary.
(C) A member of the fund determined to be eligible for a 7,954
disability benefit under division (D)(4) of section 742.38 of the 7,955
174
Revised Code shall be paid annual disability benefits, payable in 7,957
twelve monthly installments, in an amount to be fixed by the 7,958
board. The board may increase or decrease the benefits whenever 7,959
the board determines that the impairment of the member's earning 7,960
capacity warrants an increase or decrease based on the standards 7,961
adopted under division (C) of section 742.38 of the Revised Code 7,963
applicable to the determination, but in no event shall a benefit 7,964
paid to the member exceed sixty per cent of the member's average 7,967
annual salary.
(D) Each of the following persons who on July 1, 1999, is 7,970
receiving annual benefits of less than six thousand six hundred 7,971
dollars shall have the benefits increased to that amount 7,972
effective July 1, 1999: 7,973
(1) A person receiving annual benefits described in 7,975
division (A) of this section; 7,976
(2) A person receiving annual benefits described in 7,978
division (C) of this section based on an award made prior to 7,979
September 16, 1998. 7,980
(E) Benefits payable under this section continue until 7,983
death unless adjusted under division (D)(5) of section 742.38 of 7,984
the Revised Code or adjusted or terminated under division (C)(3) 7,986
of section 742.40 of the Revised Code. 7,987
Sec. 742.40. (A) As used in this section, "disability 7,997
benefit recipient" means a member of the OHIO police and 7,998
firemen's disability and FIRE pension fund who is receiving a 8,000
disability benefit pursuant to division (C)(2), (3), (4), or (5) 8,001
of former section 742.37 of the Revised Code or pursuant to 8,002
section 742.38 of the Revised Code. 8,003
(B) The board of trustees of the OHIO police and firemen's 8,005
disability and FIRE pension fund shall adopt rules requiring a 8,007
disability benefit recipient, as a condition of continuing to 8,008
receive a disability benefit, to agree in writing to obtain any 8,009
medical treatment recommended by the board's physician or 8,010
physicians and submit medical reports regarding the treatment. 8,011
175
If the board determines that a disability benefit recipient is 8,012
not obtaining the medical treatment or the board does not receive 8,013
a required medical report, the disability benefit shall be 8,015
suspended until the treatment is obtained, the report is received 8,016
by the board, or the board's physician certifies that the 8,017
treatment is no longer helpful or advisable. Should the 8,018
recipient's failure to obtain treatment or submit a medical 8,019
report continue for one year, the recipient's right to the 8,021
disability benefit shall be terminated as of the effective date 8,022
of the original suspension.
(C)(1) A disability benefit recipient shall be considered 8,025
on leave of absence from the recipient's position of employment 8,026
as a member of a police or fire department during the first five 8,027
years following the effective date of the recipient's disability 8,028
benefit, notwithstanding any contrary provisions of this chapter. 8,029
(2)(a) The board shall require a disability benefit 8,031
recipient who has been a member of the fund for less than 8,032
twenty-five years and has not attained age forty-eight to undergo 8,034
an annual medical examination, except that the board may waive
the medical examination if the board's physician or physicians 8,035
certify that the recipient's disability is ongoing. 8,036
(b) The board may require a disability benefit recipient 8,038
not described in division (C)(2)(a) of this section to undergo a 8,040
medical examination at any time it considers necessary. 8,042
(c) If a disability benefit recipient refuses to submit to 8,045
a medical examination, the recipient's disability benefit shall 8,046
be suspended until the recipient withdraws the refusal. If the 8,047
refusal continues for one year, the recipient's rights under and
to the disability benefit are terminated as of the effective date 8,048
of the original suspension. 8,049
(3) The board shall designate one or more physicians to 8,051
conduct an examination required under this division. After 8,052
completing the examination, the physician shall determine and 8,053
certify to the board whether the disability benefit recipient 8,054
176
continues to meet the disability standard set forth in division 8,055
(D)(1), (2), or (4) of section 742.38 of the Revised Code or 8,057
division (C)(2), (3), or (5) of former section 742.37 of the 8,058
Revised Code on which the recipient was originally determined to 8,059
be disabled. If the physician's determination is that the 8,060
recipient no longer meets the standard and the board concurs in 8,061
the physician's determination, or the recipient becomes employed 8,062
as a police officer or firefighter, the disability benefit shall 8,063
be terminated the earlier of ninety days after the date of the 8,064
board's concurrence or on the date the recipient returns to 8,065
employment as a police officer or firefighter, except that if the 8,066
recipient was receiving a benefit pursuant to division (D)(1) of 8,067
section 742.38 of the Revised Code or division (C)(2) of former 8,068
section 742.37 of the Revised Code, the board shall reevaluate 8,070
the recipient's disability under division (D)(2) of section 8,071
742.38 of the Revised Code and award a benefit under that 8,072
division if the recipient qualifies for it. A recipient may 8,073
appeal the board's concurrence in the physician's determination. 8,074
The board shall adopt rules establishing procedures for the 8,075
appeal. If the leave of absence provided under division (C)(1) 8,076
of this section has not expired when a disability benefit is 8,077
terminated under this division, the board shall certify to the 8,078
recipient's last employer before being found disabled that the 8,079
recipient is no longer incapable of resuming service. At the 8,080
recipient's request, the employer shall restore the recipient to 8,081
the previous position and salary or to a position and salary 8,082
similar to it, with all previous rights, including civil service 8,083
status. The employer is not required to restore the recipient to 8,085
employment if the recipient was dismissed or resigned in lieu of 8,086
dismissal for dishonesty, misfeasance, malfeasance, or conviction 8,087
of a felony. 8,088
(D) Each disability benefit recipient shall file with the 8,091
board an annual statement of earnings and any other information 8,093
required in rules adopted by the board. The board may waive the 8,095
177
requirement that a disability benefit recipient file the annual 8,096
statement of earnings if the board's physician certifies that the 8,097
recipient's disability is ongoing.
The board shall annually examine the information submitted 8,100
by the recipient. If a disability benefit recipient refuses to 8,101
file the statement or information, the disability benefit shall 8,103
be suspended until the statement and information are filed. If 8,104
the refusal continues for one year, the recipient's right to the 8,105
disability benefit shall be terminated as of the effective date 8,106
of the original suspension. 8,107
Sec. 742.41. (A) As used in this section: 8,120
(1) "Other system retirant" has the same meaning as in 8,122
section 742.26 of the Revised Code. 8,123
(2) "Personal history record" includes a member's, former 8,125
member's, or other system retirant's name, address, phone 8,126
TELEPHONE number, social security number, record of 8,128
contributions, correspondence with the OHIO police and firemen's 8,129
disability and FIRE pension fund, status of any application for 8,131
benefits, and any other information deemed confidential by the 8,132
trustees of the fund.
(B) The treasurer of state shall furnish annually to the 8,134
board of trustees of the fund a sworn statement of the amount of 8,135
the funds in the treasurer of state's custody belonging to the 8,137
OHIO police and firemen's disability and FIRE pension fund. The 8,139
records of the board shall be open for public inspection except 8,140
for the following, which shall be excluded, except with the 8,141
written authorization of the individual concerned: 8,142
(1) The individual's personal history record; 8,144
(2) Any information identifying, by name and address, the 8,146
amount of a monthly allowance or benefit paid to the individual. 8,147
(C) All medical reports and recommendations required are 8,149
privileged, except that copies of such medical reports or 8,150
recommendations shall be made available to the personal 8,151
physician, attorney, or authorized agent of the individual 8,152
178
concerned upon written release received from the individual or 8,154
the individual's agent or, when necessary for the proper 8,155
administration of the fund, to the board-assigned physician. 8,156
(D) Any person who is a member of the fund or an other 8,158
system retirant shall be furnished with a statement of the amount 8,159
to the credit of the person's individual account upon the 8,161
person's written request. The board need not answer more than 8,162
one such request of a person in any one year. 8,163
(E) Notwithstanding the exceptions to public inspection in 8,165
division (B) of this section, the board may furnish the following 8,166
information: 8,167
(1) If a member, former member, or other system retirant 8,169
is subject to an order issued under section 2907.15 of the 8,170
Revised Code or is convicted of or pleads guilty to a violation 8,171
of section 2921.41 of the Revised Code, on written request of a 8,172
prosecutor as defined in section 2935.01 of the Revised Code, the 8,173
board shall furnish to the prosecutor the information requested 8,174
from the individual's personal history record. 8,175
(2) Pursuant to a court order issued under section 3113.21 8,177
of the Revised Code, the board shall furnish to a court or child 8,178
support enforcement agency the information required under that 8,179
section. 8,180
(3) At the request of any organization or association of 8,182
members of the fund, the board of trustees of the fund shall 8,183
provide a list of the names and addresses of members of the fund 8,184
and other system retirants. The board shall comply with the 8,185
request of such organization or association at least once a year 8,186
and may impose a reasonable charge for the list. 8,187
(4) Within fourteen days after receiving from the director 8,189
of human services a list of the names and social security numbers 8,190
of recipients of public assistance pursuant to section 5101.181 8,191
of the Revised Code, the board shall inform the auditor of state 8,192
of the name, current or most recent employer address, and social 8,193
security number of each member or other system retirant whose 8,194
179
name and social security number are the same as that of a person 8,195
whose name or social security number was submitted by the 8,196
director. The board and its employees shall, except for purposes 8,197
of furnishing the auditor of state with information required by 8,198
this section, preserve the confidentiality of recipients of 8,199
public assistance in compliance with division (A) of section 8,200
5101.181 of the Revised Code. 8,201
(F) A statement that contains information obtained from 8,203
the board's records that is signed by the secretary of the board 8,204
of trustees of the OHIO police and firemen's disability and FIRE 8,206
pension fund and to which the board's official seal is affixed, 8,207
or copies of the board's records to which the signature and seal 8,208
are attached, shall be received as true copies of the board's 8,209
records in any court or before any officer of this state. 8,210
Sec. 742.42. The board of trustees of the OHIO police and 8,219
firemen's disability and FIRE pension fund shall provide for the 8,222
maintenance of an individual account with each member of the fund 8,223
and other system retirant showing the amount of his THE MEMBER'S 8,224
OR RETIRANT'S contributions.
Sec. 742.43. Except as provided in sections 742.01 to 8,233
742.49, inclusive, 742.61 of the Revised Code, no trustee and no 8,235
employee of the board of trustees of the OHIO police and 8,236
firemen's disability and FIRE pension fund shall have any 8,239
interest, direct or indirect, in the gains or profits of any 8,240
investment made by the board nor as such, directly or indirectly, 8,241
receive any pay or annual emolument for his THE TRUSTEE'S OR 8,242
EMPLOYEE'S services. No trustee or employee of said board shall, 8,243
directly or indirectly, for himself SELF or as an agent or 8,244
partner of others, borrow any funds or deposits over which the 8,246
board has jurisdiction or use the same except to make such 8,247
current and necessary payments as are authorized by the board;
nor shall any member or employee of the said board become an 8,248
endorser or surety or become in any manner an obligor for money 8,249
loaned by or borrowed from the board. 8,250
180
Sec. 742.44. The board of trustees of the OHIO police and 8,259
firemen's disability and FIRE pension fund shall estimate 8,262
annually the amount required to pay its expenses for the ensuing 8,263
year, and shall fix the amount which shall be transferred from
the guarantee fund to the expense fund. 8,264
Sec. 742.45. (A) The board of trustees of the OHIO police 8,273
and firemen's disability and FIRE pension fund may enter into an 8,276
agreement with insurance companies, health insuring corporations, 8,278
or government agencies authorized to do business in the state for 8,280
issuance of a policy or contract of health, medical, hospital, or 8,281
surgical benefits, or any combination thereof, for those 8,282
individuals receiving service or disability pensions or survivor 8,284
benefits subscribing to the plan. Notwithstanding any other 8,285
provision of this chapter, the policy or contract may also 8,286
include coverage for any eligible individual's spouse and 8,287
dependent children and for any of the eligible individual's 8,289
sponsored dependents as the board considers appropriate. 8,290
If all or any portion of the policy or contract premium is 8,292
to be paid by any individual receiving a service, disability, or 8,294
survivor pension or benefit, the individual shall, by written 8,296
authorization, instruct the board to deduct from the individual's 8,298
benefit the premium agreed to be paid by the individual to the 8,299
company, corporation, or agency. 8,301
The board may contract for coverage on the basis of part or 8,304
all of the cost of the coverage to be paid from appropriate funds 8,305
of the OHIO police and firemen's disability and FIRE pension 8,306
fund. The cost paid from the funds of the OHIO police and 8,308
firemen's disability and FIRE pension fund shall be included in 8,310
the employer's contribution rates provided by sections 742.33 and 8,311
742.34 of the Revised Code. 8,312
The board may provide for self-insurance of risk or level 8,314
of risk as set forth in the contract with the companies, 8,315
corporations, or agencies, and may provide through the 8,316
self-insurance method specific benefits as authorized by the 8,317
181
rules of the board. 8,318
(B) If the board provides health, medical, hospital, or 8,320
surgical benefits through any means other than a health insuring 8,322
corporation, it shall offer to each individual eligible for the 8,324
benefits the alternative of receiving benefits through enrollment 8,326
in a health insuring corporation, if all of the following apply: 8,328
(1) The health insuring corporation provides health care 8,331
services in the geographical area in which the individual lives; 8,333
(2) The eligible individual was receiving health care 8,335
benefits through a health or a health insuring corporation before 8,338
retirement;
(3) The rate and coverage provided by the health insuring 8,341
corporation to eligible individuals is comparable to that 8,344
currently provided by the board under division (A) of this
section. If the rate or coverage provided by the health insuring 8,346
corporation is not comparable to that currently provided by the 8,348
board under division (A) of this section, the board may deduct 8,349
the additional cost from the eligible individual's monthly 8,350
benefit.
The health insuring corporation shall accept as an enrollee 8,354
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 8,356
from one plan to another at least once a year at a time 8,358
determined by the board. 8,359
(C) The board shall, beginning the month following receipt 8,361
of satisfactory evidence of the payment for coverage, pay monthly 8,362
to each recipient of service, disability, or survivor benefits 8,364
under the OHIO police and firemen's disability and FIRE pension 8,366
fund who is eligible for medical insurance coverage under part B 8,367
of "The Social Security Amendments of 1965," 79 Stat. 301, 42 8,368
U.S.C.A. 1395j, as amended, an amount equal to the basic premiums 8,369
for such coverage.
(D) The board shall establish by rule requirements for the 8,371
coordination of any coverage, payment, or benefit provided under 8,372
182
this section with any similar coverage, payment, or benefit made 8,373
available to the same individual by the public employees 8,375
retirement system, state teachers retirement system, school
employees retirement system, or state highway patrol retirement 8,376
system.
(E) The board shall make all other necessary rules 8,378
pursuant to the purpose and intent of this section. 8,379
Sec. 742.46. The granting of a benefit or pension to any 8,388
person under sections 742.01 to 742.49, inclusive, 742.61 of the 8,389
Revised Code, vests a right in such person to obtain and receive 8,391
the amount of such benefit or pension granted to him THE PERSON 8,392
subject to sections 742.01 to 742.49, inclusive, 742.61 of the 8,394
Revised Code.
Such right may be enforced by an action in mandamus 8,396
instituted in the court of common pleas in the county in which 8,397
the person granted such benefit or pension resides. 8,398
Sec. 742.461. (A) Notwithstanding any other provision of 8,407
this chapter, any payment that is to be made under a pension or 8,408
other type of benefit, other than a survivorship benefit, that 8,409
has been granted to a person under this chapter, any payment of 8,410
accumulated contributions standing to a person's credit under 8,411
this chapter, and any payment of any other amounts to be paid to 8,412
a person under this chapter upon the person's withdrawal of 8,413
contributions pursuant to this chapter shall be subject to any 8,414
withholding order issued pursuant to section 2907.15 of the 8,415
Revised Code or division (C)(2)(b) of section 2921.41 of the 8,417
Revised Code, and the board of trustees of the OHIO police and 8,418
firemen's disability and FIRE pension fund shall comply with that 8,420
withholding order in making the payment.
(B) Notwithstanding any other provision of this chapter, 8,422
if the board receives notice pursuant to section 2907.15 of the 8,423
Revised Code or division (D) of section 2921.41 of the Revised 8,426
Code that a person who has accumulated contributions standing to 8,427
the person's credit pursuant to this chapter is charged with a 8,428
183
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or 8,430
2921.41 of the Revised Code, no payment of those accumulated 8,431
contributions or of any other amounts to be paid under this 8,432
chapter upon the person's withdrawal of contributions pursuant to 8,433
this chapter shall be made prior to whichever of the following is 8,434
applicable:
(1) If the person is convicted of or pleads guilty to the 8,436
charge and no motion for a withholding order for purposes of 8,437
restitution has been filed under section 2907.15 of the Revised 8,438
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised 8,441
Code, thirty days after the day on which final disposition of the 8,442
charge is made;
(2) If the person is convicted of or pleads guilty to the 8,444
charge and a motion for a withholding order for purposes of 8,445
restitution has been filed under section 2907.15 of the Revised 8,446
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised 8,448
Code, the day on which the court decides the motion; 8,449
(3) If the charge is dismissed or the person is found not 8,451
guilty or not guilty by reason of insanity of the charge, the day 8,452
on which final disposition of the charge is made. 8,453
Sec. 742.47. Except as provided in sections 742.461, 8,462
3111.23, and 3113.21 of the Revised Code, sums of money due or to 8,463
become due to any person from the OHIO police and firemen's 8,464
disability and FIRE pension fund are not liable to attachment, 8,466
garnishment, levy, or seizure under any legal or equitable 8,467
process, whether such sums remain with the treasurer of the fund 8,468
or any officer or agent of the board of trustees of the fund, or 8,469
is in the course of transmission to the person entitled thereto, 8,470
but shall inure wholly to the benefit of such person.
Sec. 742.48. Any person who is receiving, or becomes 8,479
eligible to receive, a pension, or other benefit, or any increase 8,480
under Chapter 742. of the Revised Code, may, at any time, waive 8,481
his THE PERSON'S rights thereto, or to a portion thereof, by 8,482
filing a written notice of waiver with the board of trustees of 8,483
184
the OHIO police and firemen's disability and FIRE pension fund. 8,485
Such waiver shall remain in effect until the first day of the 8,487
month following his THE PERSON'S death, or the PERSON'S filing of 8,488
his A written cancellation of such waiver with the board of 8,489
trustees of the police and firemen's disability and pension fund. 8,491
Any amount so waived shall forever be forfeited. 8,493
Sec. 742.50. As used in this section, "member's 8,502
contribution" means the total amount deducted from the salary of 8,503
a member of the OHIO police and firemen's disability and FIRE 8,505
pension fund and credited to the member's account in the fund. 8,507
If a member of the fund dies before receiving pension and 8,509
benefit payments from the fund in an amount equal to the member's 8,511
contribution and leaves no surviving spouse, surviving children, 8,513
or dependent parent eligible for monthly pension payments under
section 742.37 of the Revised Code, the board of trustees of the 8,514
OHIO police and firemen's disability and FIRE pension fund shall 8,516
pay to the estate of such deceased member an amount equal to the 8,518
member's contribution, less the total amount received by such 8,520
member as benefit or pension payments from such fund. 8,521
If a member who dies before receiving pension and benefit 8,524
payments from the fund in an amount equal to the member's 8,525
contribution leaves one or more survivors eligible for monthly 8,526
pension payments under section 742.37 of the Revised Code but the 8,527
total amount paid all survivors under that section is less than 8,528
the member's contribution, the fund shall pay to the survivors or 8,529
their estates, in equal shares, an amount equal to the member's 8,530
contribution, less the total amount received by the member and 8,531
all survivors as benefit or pension payments from the fund. 8,533
Sec. 742.51. Any person serving as a full-time regular 8,542
member of a township fire department, or a municipal fire or 8,543
police department who was serving in that capacity on December 8,544
31, 1966, and was a member of the public employees retirement 8,545
system on that date and who has continued to serve in the same 8,546
capacity and has continued as a member of the public employees 8,547
185
retirement system until filing his AN election after November 20, 8,549
1973, may elect prior to January 1, 1985, to transfer from the 8,550
public employees retirement system to the OHIO police and 8,551
firemen's disability and FIRE pension fund. When such an 8,553
election is made, the public employees retirement system shall 8,555
certify to the OHIO police and firemen's disability and FIRE 8,557
pension fund a copy of the records of the service and 8,559
contributions of such member and shall transfer to the OHIO 8,560
police and firemen's disability and FIRE pension fund all 8,562
contributions to the credit of the member as a member of a police 8,563
or fire department, and an amount equal to the total employer 8,564
contribution paid on service as a member of a police or fire 8,565
department, at the respective rates in effect during his THE
MEMBER'S employment. 8,567
The OHIO police and firemen's disability and FIRE pension 8,571
fund shall obtain from its actuary a certification of the accrued 8,573
liability for the member being transferred, less the amounts 8,574
transferred from the public employees retirement system, and such 8,575
unfunded accrued liability shall be charged to the municipal 8,576
corporation or township in which the member is employed and paid 8,577
in full or paid by the employer at the rate of at least five per 8,578
cent per annum with interest at four per cent per annum on unpaid 8,579
balances; payment and interest to be paid semiannually on dates 8,580
to be fixed by the board of trustees of the OHIO police and 8,581
firemen's disability and FIRE pension fund. The OHIO police and 8,584
firemen's disability and FIRE pension fund may require any 8,586
affected municipal corporation or township to certify the period 8,588
of full-time service and salary of any member requesting 8,589
transfer. A member transferred in accordance with this section 8,590
shall be given service credit by the OHIO police and firemen's 8,591
disability and FIRE pension fund equal to the period of full-time 8,594
service on which both member and employer made contributions to 8,595
the public employees retirement system, which contributions were 8,596
transferred to the OHIO police and firemen's disability and FIRE 8,598
186
pension fund.
Sec. 742.511. In computing years of active service under 8,607
division (C) of section 742.37 or section 742.39 of the Revised 8,609
Code for a full-time regular police officer who, prior to 8,611
December 1, 1983, was appointed to the police department of a 8,612
newly incorporated municipal corporation, whether pursuant to 8,614
section 124.41 of the Revised Code or otherwise, directly from a 8,615
police department of the township from which such municipal 8,616
corporation was incorporated, such members shall be given full 8,617
credit for service as a full-time township police officer and as 8,618
a full-time police officer in the municipal corporation after the 8,620
date of incorporation and for which contributions were made to 8,621
the public employees retirement system, if, within thirty days 8,622
after December 1, 1983, the member makes a written request to the 8,624
public employees retirement system to withdraw accumulated 8,625
contributions attributable to such service from the public 8,626
employees retirement system and, thirty days after receiving such 8,627
contributions, the member pays into the OHIO police and firemen's 8,628
disability and FIRE pension fund the amount withdrawn from the 8,630
public employees retirement system for the period of service 8,631
being obtained.
When such an election is made, the public employees 8,633
retirement system shall certify to the OHIO police and firemen's 8,635
disability and FIRE pension fund a copy of the records of the 8,636
service and contributions of the member and shall transfer to the 8,638
OHIO police and firemen's disability and FIRE pension fund an 8,641
amount equal to the total employer contributions paid on service 8,642
as a full-time township police officer and on service as a 8,643
full-time municipal police officer at the rates in effect during 8,644
such employment, as set forth in section 145.01 of the Revised 8,645
Code.
Sec. 742.512. In computing years of active service under 8,654
division (C) of section 742.37 or section 742.39 of the Revised 8,656
Code for a full-time regular police officer who, on or after 8,657
187
December 1, 1983, but prior to June 14, 1988, was appointed 8,659
pursuant to section 124.41 or 124.411 of the Revised Code to a 8,661
police department of a newly incorporated municipal corporation 8,662
directly from a police department of the township from which the 8,663
municipal corporation was incorporated, full credit for service 8,664
as a full-time township police officer shall be given if, within 8,665
thirty days after such appointment, the member made a written 8,666
request to the public employees retirement system to withdraw 8,667
accumulated contributions attributable to such service from the 8,668
public employees retirement system and, within thirty days after 8,669
receiving such contributions, the member paid into the OHIO 8,670
police and firemen's disability and FIRE pension fund the amount 8,672
withdrawn from the public employees retirement system for the 8,673
period of service being obtained. 8,674
When such an election is made, the public employees 8,676
retirement system shall certify to the OHIO police and firemen's 8,678
disability and FIRE pension fund a copy of the records of the 8,679
service and contributions of the member and shall transfer to the 8,680
OHIO police and firemen's disability and FIRE pension fund an 8,682
amount equal to the total employer contributions paid on service 8,684
as a full-time township police officer at the rates in effect 8,685
during such employment, as set forth in section 145.01 of the 8,686
Revised Code.
Sec. 742.513. A member of the public employees retirement 8,695
system who is a full-time regular police officer may elect to 8,696
transfer from the public employees retirement system to the OHIO 8,698
police and firemen's disability and FIRE pension fund if he THE 8,700
MEMBER has become a member of a municipal police department as a 8,701
result of the merger under sections 709.43 to 709.48 of the 8,702
Revised Code of the municipal corporation with a township that 8,703
employed the police officer or has, on or after December 1, 1983, 8,704
been appointed pursuant to section 124.41 or 124.411 of the 8,705
Revised Code to a police department of a newly incorporated 8,706
municipal corporation directly from a police department of the 8,707
188
township from which the municipal corporation was incorporated. 8,708
The election shall be made by the police officer by giving notice 8,709
to the OHIO police and firemen's disability and FIRE pension 8,711
fund. Any such election shall occur not later than sixty days 8,713
after the effective date of the merger or of the member's initial 8,714
appointment following the incorporation or not later than sixty 8,715
days after the effective date of this section JUNE 14, 1988, 8,716
whichever occurs later. When such an election is made, the OHIO 8,718
police and firemen's disability and FIRE pension fund shall 8,720
notify the public employees retirement system, which shall 8,721
certify to the fund a copy of the records of the service and 8,722
contributions of the police officer and shall transfer to the
fund all contributions to the credit of the police officer that 8,723
are based on full-time service, excluding any contributions made 8,724
by the member's employer. 8,725
A member transferred to the OHIO police and firemen's 8,727
disability and FIRE pension fund under this section shall be 8,729
given service credit by the fund equal to the period of full-time 8,731
service on which the contributions transferred under this section 8,732
were based.
Sec. 742.514. (A) As used in this section, "park police 8,741
officer" means a park police officer appointed or employed 8,742
pursuant to the Cincinnati municipal code. 8,743
(B) With approval of the Cincinnati retirement system, a 8,745
member of the retirement system who is a full-time regular member 8,746
of the Cincinnati police department and, prior to being 8,747
reclassified as a member of the police department, served as a 8,748
full-time park police officer may elect to transfer to the OHIO 8,750
police and firemen's disability and FIRE pension fund by giving 8,751
notice to the Cincinnati retirement system not later than 8,753
December 31, 1990. The notice shall be on a form provided by the 8,754
Cincinnati retirement system and shall include a statement signed 8,755
by the member authorizing the retirement system, if it approves 8,756
the transfer, to transfer to the OHIO police and firemen's 8,757
189
disability and FIRE pension fund the total employee contributions 8,759
to the credit of the member as a full-time regular member of the 8,760
Cincinnati police department and as a park police officer. 8,761
If the retirement system approves the transfer, it shall 8,763
certify to the OHIO police and firemen's disability and FIRE 8,765
pension fund a copy of the records of service and contributions 8,766
to the credit of the member as a member of the Cincinnati police 8,767
department and as a park police officer. On receipt of the 8,768
records, the fund shall obtain from its actuary a certification 8,769
of the accrued liability to the fund resulting from the transfer. 8,770
(C) The OHIO police and firemen's disability and FIRE 8,773
pension fund shall accept the transfer of a member under this 8,774
section if both of the following occur: 8,775
(1) The Cincinnati retirement system transfers to the fund 8,777
all of the following: 8,778
(a) The total employee contributions to the credit of the 8,780
member as a full-time regular member of the Cincinnati police 8,781
department and as a park police officer; 8,782
(b) The total employer contributions paid on the member's 8,784
service as a full-time regular member of the Cincinnati police 8,785
department and as a park police officer, plus compound interest; 8,786
(c) Any amount paid by the member or the employer to the 8,788
retirement system for the purchase of service credit, including 8,789
credit for military service and any other credit the member or 8,790
employer was eligible to purchase for the benefit of the member. 8,791
(2) The city of Cincinnati agrees to pay to the fund the 8,793
difference, if any, between the amounts transferred under 8,794
division (C)(1) of this section and the amount certified as the 8,795
accrued liability to the fund resulting from the transfer of the 8,796
member. 8,797
The city may pay the amount it agrees to pay under division 8,799
(C)(2) of this section in full at the time the member is 8,800
transferred or at the rate of at least five per cent of the 8,801
balance per year, plus interest on unpaid balances with payments 8,802
190
and interest paid in semiannual payments on dates to be fixed by 8,803
the trustees of the fund. 8,804
(D) If the total of the amounts transferred from the 8,806
Cincinnati retirement system and paid by the city of Cincinnati 8,807
under division (C) of this section exceeds the amount certified 8,808
as the accrued liability to the OHIO police and firemen's 8,809
disability and FIRE pension fund resulting from the transfer of 8,811
the member, the amount of the excess shall be paid to the 8,813
retirement system.
(E) A member transferred pursuant to this section shall be 8,815
given full credit by the OHIO police and firemen's disability and 8,817
FIRE pension fund for his THE MEMBER'S service as a full-time 8,818
regular police officer of the city of Cincinnati and as a park 8,820
police officer and for any service credit purchased by him THE 8,821
MEMBER, or by his THE MEMBER'S employer on his THE MEMBER'S 8,822
behalf, from the Cincinnati retirement system. 8,823
(F) Interest charged under this section shall be charged 8,825
at the rate that is the OHIO police and firemen's disability and 8,827
FIRE pension fund's actuarial interest assumption rate on the 8,828
effective date of this section JULY 13, 1990. 8,829
Sec. 742.515. (A) As used in this section, "fire 8,838
department employer" means a fire department that employs a 8,839
firefighter. 8,840
(B) A full-time firefighter who, on November 8, 1990, is a 8,843
member of the public employees retirement system, in the employ 8,844
of a fire department employer, and in a position in which the 8,845
firefighter is required to satisfactorily complete or have 8,847
satisfactorily completed a firefighter training course approved 8,848
under former section 3303.07 or section 4765.55 or conducted 8,850
under section 3737.33 of the Revised Code may, by giving notice 8,851
to the OHIO police and firemen's disability and FIRE pension fund 8,853
within ninety days of November 8, 1990, elect to transfer to the 8,855
fund.
When a firefighter makes such an election, the OHIO police 8,857
191
and firemen's disability and FIRE pension fund shall notify the 8,859
public employees retirement system. All of the firefighter's 8,861
credit as a full-time firefighter shall be transferred to the 8,862
OHIO police and firemen's disability and FIRE pension fund. The 8,863
public employees retirement system shall certify to the OHIO 8,865
police and firemen's disability and FIRE pension fund a copy of 8,867
the firefighter's records of service and contributions and for 8,869
each year or portion of a year of credit to be transferred shall 8,870
transfer to the OHIO police and firemen's disability and FIRE 8,872
pension fund all of the following:
(1) All contributions to the credit of the firefighter as 8,875
a full-time firefighter;
(2) An amount equal to the total employer contributions 8,877
paid on service as a full-time firefighter at the rates in effect 8,879
during that year; 8,880
(3) Any amount paid by the member or the employer to the 8,882
retirement system for the purchase of service credit for 8,883
full-time service, including credit for military service and any 8,884
other credit the member or employer was eligible to purchase for 8,885
the benefit of the member. 8,886
(C) The fire department employer by which a firefighter is 8,889
employed at the time of a transfer made pursuant to division (B)
of this section shall, at the request of the OHIO police and 8,890
firemen's disability and FIRE pension fund, certify to the fund 8,892
the firefighter's salary as a firefighter. 8,894
(D) In computing years of active service under division 8,896
(C) of section 742.37 or section 742.39 of the Revised Code, a 8,897
member transferred pursuant to this section shall be given full 8,898
credit by the OHIO police and firemen's disability and FIRE 8,899
pension fund for the firefighter's service as a full-time 8,902
firefighter and for any service credit for full-time service 8,904
purchased by the firefighter, or by the firefighter's employer on 8,905
the firefighter's behalf, from the public employees retirement 8,906
system.
192
Sec. 742.516. (A) Not later than ninety days after the 8,916
effective date of this section SEPTEMBER 16, 1998, a member of 8,918
the OHIO police and firemen's disability and FIRE pension fund 8,919
who became a member of the fund as a result of the member's 8,920
employer changing from a fire department consisting primarily of 8,921
part-time employees to a fire department consisting primarily of 8,922
full-time employees or who elected to transfer to the fund from 8,923
the public employees retirement system under section 742.515 of 8,924
the Revised Code may elect to transfer to the public employees 8,926
retirement system in accordance with this section. An election 8,927
shall be made by giving notice to the fund on a form provided by 8,928
the board of trustees of the fund and shall be irrevocable. 8,929
(B) When a member makes the election described in this 8,932
section, the fund shall notify the system. The fund shall 8,933
transfer all of the member's service credit to the system and 8,934
shall certify to the system a copy of the member's records of 8,935
service and contributions. The fund shall transfer to the system 8,936
all of the following: 8,937
(1) Any amount transferred from the system to the fund 8,939
pursuant to the election made under section 742.515 of the 8,940
Revised Code; 8,941
(2) An amount equal to the member's contributions to the 8,943
fund; 8,944
(3) An amount equal to the total employer contributions 8,946
paid on behalf of the member; 8,947
(4) Any amount paid by the member or employer to the fund 8,949
for the purchase of service credit. 8,950
At the request of the system, the employer of a member who 8,952
makes an election under this section shall certify to the system 8,954
the member's salary.
(C) The system shall give the member full credit for all 8,956
service as a member of the fund. If the system has on deposit 8,957
contributions made by, or on behalf of, a member of the fund who 8,958
makes an election in accordance with this section, the system 8,959
193
shall credit the contributions in accordance with Chapter 145. of 8,960
the Revised Code.
(D) A member of the fund who fails to make an election in 8,963
accordance with this section shall remain a member of the fund. 8,964
Sec. 742.52. (A) A member of the OHIO police and 8,973
firemen's disability and FIRE pension fund who is not receiving a 8,975
disability benefit or pension from the fund may purchase service 8,976
credit, which shall be used in computing the member's years of 8,977
service, for each year of service incurred by reason of having 8,979
been on active duty, active duty for training, initial active 8,980
duty for training, inactive duty training, full-time national 8,981
guard duty, and a period for which a member is absent from a 8,982
position of employment for the purpose of an examination to 8,983
determine the fitness of the member to perform a duty, as a 8,985
member of the armed forces of the United States if the member is 8,986
honorably discharged. Credits which are not authorized under 8,987
former sections 742.18, 742.19, 742.20, and 742.21 or section 8,988
742.521 of the Revised Code may be purchased at any time. The 8,991
number of years purchased under this division shall not exceed 8,992
five.
(B) For the purposes of this division, "prisoner of war" 8,994
means any regularly appointed, enrolled, enlisted, or inducted 8,995
member of the armed forces of the United States who was captured, 8,996
separated, and incarcerated by an enemy of the United States. 8,997
A member may purchase service credit which shall be 8,999
considered as the equivalent of Ohio service for each year of 9,000
service the member was a prisoner of war. The number of years 9,002
purchased under this division shall not exceed five. Service 9,003
credit may be purchased under this division for the same years of 9,004
service used to purchase service credit under division (A) of 9,005
this section. The member may choose to purchase only part of 9,006
such credit in any one payment, subject to board rules. 9,007
(C) The total number of years purchased under this section 9,009
shall not exceed the member's total accumulated number of years 9,010
194
of Ohio service. 9,011
(D) For each year of service purchased under division (A) 9,013
or (B) of this section, the member shall pay to the fund for 9,014
credit to the member's accumulated account an amount determined 9,016
by the member rate of contribution in effect at the time the 9,017
military service began or four per cent, whichever is greater, 9,018
multiplied by the annual compensation for full-time employment 9,019
during the first year of full-time service in Ohio covered by any 9,020
state or municipal retirement system of this state following 9,021
termination of military service. To this amount shall be added 9,023
an amount equal to compound interest at a rate established by the 9,024
board of trustees of the OHIO police and firemen's disability and 9,025
FIRE pension fund from the date active military service 9,028
terminated to date of payment. For the purpose of this section, 9,029
the board may define full-time service in Ohio covered by any 9,030
state or municipal retirement system of this state. 9,031
(E) A member is ineligible to purchase service credit 9,033
under this section for any year of military service that was: 9,035
(1) Used in the calculation of any retirement benefit 9,038
currently being paid to the member or payable in the future under 9,039
any other retirement program, except for retired pay for 9,040
non-regular service under Chapter 1223. of Section 1662 of Title 9,042
XVI of the "National Defense Authorization Act for Fiscal Year 9,044
1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 12739, or 9,045
social security;
(2) Used to obtain service credit under former section 9,047
742.18, 742.19, 742.20, or 742.21 or section 742.521 of the 9,048
Revised Code. At the time the credit is purchased the member 9,049
shall certify on a form furnished by the trustees that the member 9,050
does and will conform to this requirement. Any benefit paid 9,052
under this section to which the member is not entitled shall be 9,053
recovered by any recovery procedures available under this 9,054
chapter.
"Armed forces" of the United States includes army, navy, 9,056
195
air force, marine corps, coast guard, or any reserve component of 9,057
such forces; national guard; the commissioned corps of the United 9,058
States public health service; the merchant marine service during 9,059
wartime; auxiliary corps as established by congress; service as a 9,061
red cross nurse with the army, navy, air force, hospital service 9,063
of the United States, army nurse corps, navy nurse corps, or 9,064
serving full-time with the American red cross in a combat zone; 9,066
and such other service as may be designated by congress as 9,067
included therein.
A member of the fund who has purchased service credit under 9,069
this section, or the member's estate, is entitled to be refunded 9,071
the amount paid to purchase such credit, or a pro rata portion 9,072
thereof, provided that the purchased service credit, or a portion 9,073
of the purchased service credit, does not serve to increase a 9,074
pension or benefit paid under section 742.37 or 742.39 of the 9,075
Revised Code. The refund of any amount paid to purchase credit 9,077
under this section, or a pro rata portion thereof, shall cancel 9,078
an equivalent amount of service credit.
Sec. 742.521. (A) As used in this section, "armed forces" 9,087
of the United States means the army, navy, air force, marine 9,088
corps, coast guard, or any reserve components of such forces; the 9,089
national guard; the commissioned corps of the United States 9,090
public health service; the merchant marine service during 9,091
wartime; auxiliary corps as established by congress; service as a 9,092
red cross nurse with the army, navy, air force, hospital service 9,093
of the United States, army nurse corps, navy nurse corps, or 9,094
serving full-time with the American red cross in a combat zone; 9,095
and such other service as may be designated by congress. 9,096
(B) A member of the fund who is an employee of a police or 9,098
fire department and who enlisted or enlists, was inducted or is 9,099
inducted, was or is called into active duty, or accepted or 9,100
accepts a commission in the armed forces, in computing years of 9,101
service in such police or fire department, shall be given full 9,102
credit for such time served in the armed forces, provided the
196
person has been honorably discharged from the armed forces or 9,104
from active duty therein, has made application for reinstatement 9,105
in the active service of the police or fire department within
ninety days from the date of discharge, and employer 9,106
contributions have been paid pursuant to this section. Service 9,107
credit given under this section for time served in the armed 9,108
forces shall not exceed five years.
(C) A member of the fund is ineligible to receive service 9,110
credit under this section for any time served in the armed forces 9,111
that is used to obtain service credit under former section 9,112
742.18, 742.19, 742.20, or 742.21 or section 742.52 of the 9,113
Revised Code.
At the time such credit is requested, the member shall 9,115
certify on a form supplied by the retirement board that the 9,116
member does and will conform to this requirement. Any benefit 9,117
paid under this section to which the member is not entitled shall 9,118
be recovered by any recovery procedures available under this
chapter. This section does not cancel any military service 9,119
credit earned under this chapter prior to the effective date of 9,120
this section OCTOBER 29, 1996. 9,121
(D) An employer of a member entitled to service credit 9,123
under this section shall pay the OHIO police and firemen's 9,124
disability and FIRE pension fund an amount equal to that which 9,126
would have been paid under section 742.33 or 742.34 of the 9,127
Revised Code had the member continued police or fire employment
during the period of military service. The board of trustees may 9,129
adopt rules setting the manner in which the employer contribution 9,130
is calculated and paid.
Sec. 742.53. (A) As used in this section: 9,139
(1) "Long-term care insurance" has the same meaning as in 9,141
section 3923.41 of the Revised Code. 9,142
(2) "Retirement systems" has the same meaning as in 9,144
division (A) of section 145.581 of the Revised Code. 9,145
(B) The board of trustees of the OHIO police and firemen's 9,147
197
disability and FIRE pension fund shall establish a program under 9,148
which members of the fund, employers on behalf of members, and 9,150
persons receiving service or disability pensions or survivor 9,151
benefits are permitted to participate in contracts for long-term 9,152
care insurance. Participation may include dependents and family 9,153
members. If a participant in a contract for long-term care 9,154
insurance leaves employment, the participant and the 9,156
participant's dependents and family members may, at their 9,157
election, continue to participate in a program established under 9,158
this section in the same manner as if the participant had not 9,159
left employment, except that no part of the cost of the insurance 9,161
shall be paid by the participant's former employer. 9,162
Such program may be established independently or jointly 9,164
with one or more of the other retirement systems. 9,165
(C) The fund may enter into an agreement with insurance 9,167
companies, health insuring corporations, or government agencies 9,169
authorized to do business in the state for issuance of a 9,170
long-term care policy or contract. However, prior to entering 9,171
into such an agreement with an insurance company or health 9,172
insuring corporation, the fund shall request the superintendent 9,173
of insurance to certify the financial condition of the company or 9,176
corporation. The fund shall not enter into the agreement if, 9,177
according to that certification, the company or corporation is 9,178
insolvent, is determined by the superintendent to be potentially 9,179
unable to fulfill its contractual obligations, or is placed under 9,180
an order of rehabilitation or conservation by a court of 9,181
competent jurisdiction or under an order of supervision by the 9,182
superintendent. 9,183
(D) The board shall adopt rules in accordance with section 9,185
111.15 of the Revised Code governing the program. The rules 9,186
shall establish methods of payment for participation under this 9,187
section, which may include establishment of a payroll deduction 9,188
plan under section 742.56 of the Revised Code, deduction of the 9,189
full premium charged from a person's service or disability 9,190
198
pension or survivor benefit, or any other method of payment 9,191
considered appropriate by the board. If the program is 9,192
established jointly with one or more of the other retirement 9,193
systems, the rules also shall establish the terms and conditions 9,194
of such joint participation. 9,195
Sec. 742.55. Each expense voucher of an employee, officer, 9,204
or board member of the OHIO police and firemen's disability and 9,205
FIRE pension fund shall itemize all purchases and expenditures 9,207
included.
Sec. 742.56. (A) The board of trustees of the OHIO police 9,216
and firemen's disability and FIRE pension fund may by rule 9,219
establish a payroll deduction plan for payment of the following: 9,220
(1) The cost of service credit members of the fund are 9,222
eligible to purchase under this chapter; 9,223
(2) Charges for participation in programs established 9,225
under section 742.53 of the Revised Code. 9,226
(B) In addition to any other matter considered relevant by 9,228
the trustees, the rules shall specify all of the following: 9,229
(1) The types of service credit that may be paid for 9,231
through payroll deduction, including the section of the Revised 9,232
Code that authorizes the purchase of each type of service credit 9,233
for which payment may be made by payroll deduction; 9,234
(2) The procedure to be followed by a member to inform his 9,236
THE MEMBER'S employer and the OHIO police and firemen's 9,238
disability and FIRE pension fund that he THE MEMBER wishes to 9,240
purchase service credit under this chapter or pay for 9,242
participation in programs established under section 742.53 of the 9,243
Revised Code and chooses to pay for it through payroll deduction; 9,244
(3) The procedure to be followed by the fund to determine 9,246
for each request the amount to be deducted, the number of 9,247
deductions to be made, and the interval at which deductions will 9,248
be made. The rules may provide for a minimum amount for each 9,249
deduction or a maximum number of deductions for the purchase of 9,250
any type of credit, but shall provide that no deduction may 9,251
199
exceed the member's net compensation after all deductions and 9,252
withholdings required by law. 9,253
(4) The procedure to be followed by employers in 9,255
transmitting amounts deducted from the salaries of their 9,256
employees to the fund; 9,257
(5) The procedure to be followed by the fund in crediting 9,259
service credit to members who choose to purchase it through 9,260
payroll deduction. 9,261
(C) If the trustees of the fund establish a payroll 9,263
deduction plan under this section, the trustees shall certify to 9,264
the member's employer for each member for which deductions are to 9,265
be made, the amount of each deduction and the payrolls from which 9,266
deductions are to be made. The employer shall make the 9,267
deductions as certified and transmit the amounts deducted in 9,268
accordance with the rules established by the trustees under this 9,269
section. 9,270
(D) Rules adopted under this section shall not affect any 9,272
right to purchase service credit conferred by any other section 9,273
of the Revised Code, including the right of a member under any 9,274
such section to purchase only part of the service credit he THE 9,275
MEMBER is eligible to purchase. 9,277
Sec. 742.57. All amounts due the OHIO police and firemen's 9,286
disability and FIRE pension fund from the state treasury pursuant 9,288
to this chapter shall be promptly paid upon warrant of the 9,289
auditor of state pursuant to a voucher approved by the director 9,290
of budget and management.
Sec. 742.58. On the death of a member of the OHIO police 9,299
and firemen's disability and FIRE pension fund who at the time of 9,302
death is receiving a retirement pension or disability benefits, a 9,304
lump-sum payment of one thousand dollars shall be paid to the 9,306
member's surviving spouse or, if there is no surviving spouse, to
the beneficiary the member designated on a form provided by the 9,307
fund. If there is no surviving spouse or designated beneficiary, 9,308
the payment shall be made to the member's estate. 9,309
200
Application for the payment shall be made on a form 9,311
provided by the fund.
Sec. 742.59. The board of trustees of the OHIO police and 9,320
firemen's disability and FIRE pension fund shall be the trustee 9,322
of the funds created as follows:
(A) The "policemen's POLICE OFFICERS' contribution fund" 9,324
is the fund in which shall be credited the contributions deducted 9,326
from the salaries of members of police departments and paid into 9,327
the OHIO police and firemen's disability and FIRE pension fund, 9,329
as provided by section 742.31 of the Revised Code, and that 9,330
percentage of the employers' accrued liability that is 9,331
attributable to deductions previously made from the salaries of 9,332
members of the police department who are still in the active 9,333
service at the time that portion of the employer's EMPLOYERS' 9,334
accrued liability is paid. The accumulated contributions of a 9,336
member of a police department shall be transferred at the 9,337
member's retirement from the policemen's POLICE OFFICERS' 9,338
contribution fund to the policemen's POLICE OFFICERS' pension 9,339
reserve fund.
(B) The "firemen's FIREFIGHTERS' contribution fund" is the 9,342
fund in which shall be credited contributions deducted from the 9,343
salaries of members of fire departments and paid into the OHIO 9,344
police and firemen's disability and FIRE pension fund, as 9,345
provided by section 742.31 of the Revised Code, and that 9,347
percentage of the employers' accrued liability that is 9,348
attributable to deductions previously made from the salaries of 9,349
members of the fire department who are still in the active 9,350
service at the time that portion of the employers' accrued 9,351
liability is paid. The accumulated contributions of a member of 9,352
a fire department shall be transferred at the member's retirement 9,353
from the firemen's FIREFIGHTERS' contribution fund to the 9,354
firemen's FIREFIGHTERS' pension reserve fund. 9,355
(C) The "policemen POLICE OFFICER employers' contribution 9,357
fund" is the fund to which the policemen employers' POLICE 9,359
201
OFFICER EMPLOYERS' contribution, as provided by section 742.33 of 9,361
the Revised Code, and that percentage of the employers' accrued 9,362
liability that is attributable to the employers' liability for 9,363
prior service of members of the police department who are still 9,364
in the active service at the time that portion of the employers' 9,365
accrued liability is paid, and that portion of the state 9,366
contribution allocated to such fund, as provided by section 9,367
742.36 of the Revised Code, shall be credited, and in which shall 9,368
be accumulated the reserves held in trust for the payment of all 9,369
pensions or other benefits provided by sections 742.01 to 742.61 9,370
of the Revised Code to members of a police department retiring in 9,371
the future or their qualified beneficiaries and from which the 9,372
reserves for such pensions and other benefits shall be 9,373
transferred to the policemen's POLICE OFFICERS' pension reserve 9,374
fund.
(D) The "firemen FIREFIGHTER employers' contribution fund" 9,376
is the fund to which the firemen FIREFIGHTER employers' 9,377
contribution, as provided in section 742.34 of the Revised Code, 9,379
and that percentage of the employers' accrued liability that is 9,380
attributable to the employers' liability for prior service for 9,381
members of the fire department who are still in the active 9,382
service at the time that portion of the employers' accrued 9,383
liability is paid, and that portion of the state contribution 9,384
allocated to such fund, as provided by section 742.36 of the 9,385
Revised Code, shall be credited, and in which shall be 9,386
accumulated the reserves held in trust for the payment of all 9,387
pensions and other benefits provided by sections 742.01 to 742.61 9,388
of the Revised Code to members of a fire department retiring in 9,389
the future or their qualified beneficiaries and from which the 9,390
reserves for such pensions and other benefits shall be 9,391
transferred to the firemen's FIREFIGHTERS' pension reserve fund. 9,393
(E) The "policemen's POLICE OFFICERS' pension reserve 9,395
fund" is the fund from which shall be paid all pensions and other 9,397
benefits for which reserves have been transferred from the 9,398
202
policemen's POLICE OFFICERS' contribution fund and the policemen 9,400
POLICE OFFICER employers' contribution fund, and to which shall 9,401
be credited that percentage of the employers' accrued liability 9,402
that is attributable to the total of deductions previously made 9,403
from the salaries of members of the police department who are 9,404
retired and are receiving pensions or other benefits, or whose 9,405
beneficiaries are receiving benefits, at the time that portion of 9,406
the employers' accrued liability is paid, and that percentage of 9,407
the employers' accrued liability that is attributable to prior 9,408
service of members of the police department who are retired and 9,409
are receiving pensions or other benefits, or whose beneficiaries 9,410
are receiving benefits, at the time that portion of the 9,411
employers' accrued liability is paid.
(F) The "firemen's FIREFIGHTERS' pension reserve fund" is 9,414
the fund from which shall be paid all pensions and other benefits
for which reserves have been transferred from the firemen's 9,415
FIREFIGHTERS' contribution fund and the firemen FIREFIGHTER 9,417
employers' contribution fund, and to which shall be credited that 9,419
percentage of the employers' accrued liability that is 9,420
attributable to the total of deductions previously made from the 9,421
salaries of members of the fire department who are retired and 9,422
are receiving pensions or other benefits, or whose beneficiaries 9,423
are receiving benefits, at the time that portion of the 9,424
employers' accrued liability is paid, and that percentage of the 9,425
employers' accrued liability that is attributable to prior 9,426
service of members of the fire department who are retired and are 9,427
receiving pensions or other benefits, or whose beneficiaries are 9,428
receiving benefits, at the time that portion of the employers' 9,429
accrued liability is paid.
(G) The "guarantee fund" is the fund from which interest 9,431
is transferred and credited on the amounts in the funds described 9,432
in divisions (C), (D), (E), and (F) of this section, and is a 9,433
contingent fund from which the special requirements of said funds 9,434
may be paid by transfer from this fund. All income derived from 9,435
203
the investment of funds by the board of trustees of the OHIO 9,436
police and firemen's disability and FIRE pension fund as trustee 9,438
under section 742.11 of the Revised Code, together with all gifts 9,439
and bequests or the income therefrom, shall be paid into this 9,440
fund.
Any deficit occurring in any other fund that will not be 9,442
covered by payments to that fund, as otherwise provided by 9,443
sections 742.01 to 742.61 of the Revised Code, shall be paid by 9,445
transfers of amounts from the guarantee fund to such fund or
funds. Should the amount in the guarantee fund be insufficient 9,446
at any time to meet the amounts payable therefrom, the amount of 9,447
such deficiency, with regular interest, shall be paid by an 9,448
additional employer rate of current contribution as determined by 9,449
the actuary and shall be approved by the board of trustees of the 9,450
OHIO police and firemen's disability and FIRE pension fund, and 9,452
the amount of such additional employer contribution shall be 9,454
credited to the guarantee fund. 9,455
The board of trustees of the police and firemen's 9,457
disability and pension fund may accept gifts and bequests. Any 9,459
funds that may come into the possession of the board in this 9,460
manner, or any other funds whose disposition is not otherwise 9,461
provided for, shall be credited to the guarantee fund. 9,462
(H) The "expense fund" is the fund from which shall be 9,464
paid the expenses for the administration and management of the 9,466
OHIO police and firemen's disability and FIRE pension fund, as 9,468
provided by sections 742.01 to 742.61 of the Revised Code, and to 9,469
which shall be credited from the guarantee fund an amount 9,470
sufficient to pay the expenses of operation. 9,471
Sec. 742.60. Wherever in sections 742.01 to 742.61 of the 9,480
Revised Code, reference is made to the policemen's POLICE 9,482
OFFICERS' contribution fund, the firemen's FIREFIGHTERS' 9,483
contribution fund, the policemen POLICE OFFICER employers' 9,485
contribution fund, the firemen FIREFIGHTER employers'
contribution fund, the policemen's POLICE OFFICERS' pension 9,488
204
reserve fund, the firemen's FIREFIGHTERS' pension reserve fund, 9,489
the guarantee fund, or the expense fund, such reference shall be 9,492
construed to have been made to each as a separate legal entity. 9,493
This section does not prevent the deposit or investment of all
such moneys intermingled for such purpose, but such funds shall 9,494
be separate and distinct legal entities for all other purposes. 9,495
Sec. 742.61. The treasurer of state shall be the custodian 9,505
of all funds under the control and management of the board of
trustees of the OHIO police and firemen's disability and FIRE 9,507
pension fund, and all disbursements of such funds shall be paid 9,508
by the treasurer of state only upon instruments duly authorized 9,509
by the board and bearing the signatures of the chairperson and 9,511
secretary of the board. The signatures of the chairperson and 9,512
secretary may be facsimile signatures. 9,513
The treasurer of state shall give a separate and additional 9,515
bond in such amount as is fixed by the board, conditioned upon 9,516
the faithful performance of the treasurer of state's duties as 9,518
custodian of the funds under the control and management of the 9,519
board and to be executed by a surety company selected by the 9,520
board that is authorized to transact business in this state. 9,521
Such bond shall be deposited with the secretary of state and kept 9,522
in the secretary of state's office. The board may require the 9,524
treasurer of state to give other and additional bonds, as the 9,525
funds under the control and management of the board increase, in 9,526
such amounts and at such times as are fixed by the board, which 9,527
additional bonds shall be conditioned, filed, and executed as is 9,528
provided for the original bond of the treasurer of state covering 9,529
the funds under the control and management of the board. The 9,530
premium on all bonds shall be paid by the board.
The treasurer of state shall deposit any portion of the 9,532
funds under the control and management of the board not needed 9,533
for immediate use in the same manner as state funds are 9,534
deposited, and subject to all provisions of law with respect to 9,535
the deposit of state funds, by the treasurer of state, and all 9,536
205
interest earned on such funds so deposited shall be collected by 9,537
the treasurer of state and placed to the credit of the board. 9,538
Sec. 742.62. The firemen and policemen's OHIO PUBLIC 9,547
SAFETY OFFICERS death benefit fund is hereby created as the fund 9,550
to which shall be credited contributions paid by the state and
any moneys resulting from gifts made to the fund. The board of 9,551
trustees of the OHIO police and firemen's disability and FIRE 9,552
pension fund shall be the trustees of the firemen and policemen's 9,555
OHIO PUBLIC SAFETY OFFICERS death benefit fund. The board shall 9,556
have the same powers as provided in section 742.10 of the Revised 9,557
Code, in administering the firemen and policemen's OHIO PUBLIC 9,559
SAFETY OFFICERS death benefit fund. 9,560
Sec. 742.63. The board of trustees of the OHIO police and 9,569
firemen's disability and FIRE pension fund shall adopt rules for 9,571
the management of the firemen and policemen's OHIO PUBLIC SAFETY 9,573
OFFICERS death benefit fund and for disbursements of benefits as 9,575
set forth in this section.
(A) As used in this section: 9,577
(1) "Member" means a member of the OHIO police and 9,579
firemen's disability and FIRE pension fund or the state highway 9,581
patrol retirement system, or a member of the public employees 9,582
retirement system who at the time of the member's death was a 9,583
county sheriff or deputy sheriff, a full-time regular police 9,584
officer in a municipal corporation or township, a full-time 9,585
regular firefighter employed by the state, an instrumentality of 9,587
the state, a municipal corporation, a township, a joint fire 9,588
district, or another political subdivision, a full-time park 9,589
district ranger or patrol trooper, a full-time law enforcement 9,590
officer of the department of natural resources, a full-time 9,591
department of public safety enforcement agent, a full-time law 9,592
enforcement officer of parks, waterway lands, or reservoir lands 9,594
under the control of a municipal corporation, a full-time law 9,595
enforcement officer of a conservancy district, a correction 9,596
officer at an institution under the control of a county, a group 9,597
206
of counties, a municipal corporation, or the department of 9,598
rehabilitation and correction, a state university law enforcement 9,599
officer, or a member of a retirement system operated by a 9,600
municipal corporation who at the time of death was a full-time 9,601
law enforcement officer of parks, waterway lands, or reservoir 9,602
lands under the control of the municipal corporation. 9,603
(2) Notwithstanding section 742.01 of the Revised Code, 9,605
"fire or police department" includes a fire department of the 9,606
state or an instrumentality of the state or of a municipal 9,607
corporation, township, joint fire district, or other political 9,608
subdivision, the state highway patrol, a county sheriff's office, 9,609
the security force of an institution under the control of the 9,610
department of rehabilitation and correction, the security force 9,611
of a jail or workhouse under the control of a county, group of 9,612
counties, or municipal corporation, the security force of a 9,613
metropolitan, county, or township park district, the security 9,614
force of lands under the control of the department of natural 9,615
resources, department of public safety enforcement agents, the 9,617
security force of parks, waterway lands, or reservoir lands under 9,618
the control of a municipal corporation, the security force of a 9,619
conservancy district, the police department of a township or 9,620
municipal corporation, and the police force of a state 9,621
university.
(3) "Firefighter or police officer" includes a state 9,624
highway patrol trooper, a county sheriff or deputy sheriff, a 9,625
correction officer at an institution under the control of a 9,626
county, a group of counties, a municipal corporation, or the 9,627
department of rehabilitation and correction, a police officer 9,628
employed by a township or municipal corporation, a firefighter 9,630
employed by the state, an instrumentality of the state, a 9,632
municipal corporation, a township, a joint fire district, or 9,633
another political subdivision, a full-time park district ranger 9,634
or patrol trooper, a full-time law enforcement officer of the 9,636
department of natural resources, a full-time department of public 9,637
207
safety enforcement agent, a full-time law enforcement officer of 9,638
parks, waterway lands, or reservoir lands under the control of a 9,639
municipal corporation, a full-time law enforcement officer of a 9,640
conservancy district, and a state university law enforcement 9,641
officer.
(4) "Correction officer" includes, in addition to any 9,643
correction officer, any correction corporal, sergeant, 9,644
lieutenant, or captain, and the equivalents of all such persons. 9,645
(5) "A park district ranger or patrol trooper" means a 9,648
peace officer commissioned to make arrests, execute warrants, and 9,649
preserve the peace upon lands under the control of a board of 9,650
park commissioners of a metropolitan, county, or township park 9,651
district. 9,652
(6) "Metropolitan, county, or township park district" 9,654
means a park district created under the authority of Chapter 511. 9,655
or 1545. of the Revised Code. 9,656
(7) "Conservancy district" means a conservancy district 9,658
created under the authority of Chapter 6101. of the Revised Code. 9,659
(8) "Law enforcement officer" means an officer 9,661
commissioned to make arrests, execute warrants, and preserve the 9,662
peace upon lands under the control of the governmental entity 9,663
granting the commission. 9,664
(9) "Department of natural resources law enforcement 9,666
officer" includes a forest officer designated pursuant to section 9,667
1503.29 of the Revised Code, a preserve officer designated 9,668
pursuant to section 1517.10 of the Revised Code, a wildlife 9,669
officer designated pursuant to section 1531.13 of the Revised 9,670
Code, a park officer designated pursuant to section 1541.10 of 9,671
the Revised Code, and a state watercraft officer designated 9,672
pursuant to section 1547.521 of the Revised Code. 9,673
(10) "Retirement eligibility date" means the last day of 9,675
the month in which a deceased member would have first become 9,676
eligible, had the member lived, for the retirement pension 9,677
provided under section 145.33, division (C)(1) of section 742.37, 9,678
208
or division (A)(1) of section 5505.17 of the Revised Code or 9,679
provided by a retirement system operated by a municipal 9,680
corporation.
(11) "Death benefit amount" means an amount equal to the 9,682
full monthly salary received by a deceased member prior to death, 9,683
minus an amount equal to the benefit received under section 9,684
145.45, 742.37, 742.3714, or 5505.17 of the Revised Code or the 9,685
benefit received from a retirement system operated by a municipal 9,686
corporation, plus any increases in salary that would have been
granted the deceased member. 9,687
(12) "Killed in the line of duty" means either of the 9,689
following:
(a) Death in the line of duty; 9,691
(b) Death from injury sustained in the line of duty, 9,694
including heart attack or other fatal injury or illness caused
while in the line of duty. 9,695
(B) A spouse of a deceased member shall receive a death 9,697
benefit each month equal to the full death benefit amount, 9,698
provided that the deceased member was a firefighter or police 9,699
officer killed in the line of duty and there are no surviving 9,700
children eligible for a benefit under this section. The spouse 9,701
shall receive this benefit during the spouse's natural life until 9,703
the earlier of the deceased member's retirement eligibility date 9,704
or the spouse's remarriage, on which date the benefit provided 9,705
under this division shall terminate.
(C)(1) If a member killed in the line of duty as a 9,707
firefighter or police officer is survived only by a child or 9,710
children, the child or children shall receive a benefit each 9,711
month equal to the full death benefit amount. If there is more 9,712
than one surviving child, the benefit shall be divided equally 9,714
among these children.
(2) If the death benefit paid under this division is 9,716
divided among two or more surviving children and any of the 9,717
children become ineligible to continue receiving a portion of the 9,718
209
benefit as provided in division (H) of this section, the full 9,719
death benefit amount shall be paid to the remaining eligible 9,720
child or divided among the eligible children so that the benefit
paid to the remaining eligible child or children equals the full 9,721
death benefit amount. 9,722
(3) Notwithstanding divisions (C)(1) and (2) of this 9,725
section, all death benefits paid under this division shall 9,726
terminate on the deceased member's retirement eligibility date. 9,727
(D) If a member killed in the line of duty as a 9,729
firefighter or police officer is survived by both a spouse and a 9,730
child or children, the monthly benefit provided shall be as 9,731
follows: 9,732
(1)(a) If there is a surviving spouse and one surviving 9,734
child, the spouse shall receive an amount each month equal to 9,736
one-half of the full death benefit amount and the child shall 9,738
receive an amount equal to one-half of the full death benefit 9,739
amount.
(b) If the surviving spouse becomes ineligible to continue 9,741
receiving a death benefit due to remarriage or death, or the 9,742
child becomes ineligible as provided in division (H) of this 9,743
section, the surviving spouse or child remaining eligible shall 9,744
receive the full death benefit amount. 9,745
(2)(a) If there is a surviving spouse and more than one 9,747
child, the spouse shall receive an amount each month equal to 9,749
one-third of the full death benefit amount and the children shall 9,751
receive an amount, equally divided among them, equal to 9,752
two-thirds of the full death benefit amount.
(b) If a spouse and more than one child each are receiving 9,754
a death benefit under division (D)(2)(a) of this section and the 9,756
spouse becomes ineligible to receive a benefit due to remarriage 9,757
or death, the children shall receive an amount each month,
equally divided among them, equal to the full death benefit 9,758
amount.
(c) If a spouse and more than one child each are receiving 9,760
210
a benefit under division (D)(2)(a) of this section and any of the 9,762
children becomes ineligible to receive a benefit as provided in
division (H) of this section, the spouse and remaining eligible 9,763
child or children shall receive a death benefit as follows: 9,764
(i) If there are two or more remaining eligible children, 9,766
the spouse shall receive an amount each month equal to one-third 9,767
of the full death benefit amount and the children shall receive 9,768
an amount each month, equally divided among them, equal to 9,769
two-thirds of the full death benefit amount;
(ii) If there is one remaining eligible child, the spouse 9,771
shall receive an amount each month equal to one-half of the full 9,772
death benefit amount, and the child shall receive an amount each 9,773
month equal to one-half of the full death benefit amount. 9,774
(d) If a spouse and more than one child each are receiving 9,776
a benefit under division (D)(2)(a) of this section and all of the 9,778
children become ineligible to receive a benefit as provided in
division (H) of this section, the spouse shall receive the full 9,779
death benefit amount. 9,780
(3) Notwithstanding divisions (D)(1) and (2) of this 9,782
section, death benefits paid under this division to a surviving 9,783
spouse shall terminate on the earlier of the member's retirement 9,785
eligibility date or the spouse's remarriage. Death benefits paid 9,786
to a surviving child or children shall terminate on the deceased 9,787
member's retirement eligibility date unless earlier terminated 9,788
pursuant to division (H) of this section. 9,789
(E) If a member, on or after January 1, 1980, is killed in 9,792
the line of duty as a firefighter or police officer and is 9,793
survived by only a parent or parents dependent upon the member 9,795
for support, the parent or parents shall receive an amount each 9,797
month equal to the full death benefit amount. If there is more 9,799
than one surviving parent dependent upon the deceased member for 9,800
support, the death benefit amount shall be divided equally among 9,801
the surviving parents. On the death of one of the surviving 9,802
parents, the full death benefit amount shall be paid to the other
211
parent. 9,803
(F) A surviving spouse whose benefits are terminated in 9,805
accordance with division (B) or (D)(3) of this section on the 9,806
deceased member's retirement eligibility date, or who would 9,807
qualify for a benefit under division (B) or (D) of this section 9,808
except that the deceased member reached the member's retirement 9,809
eligibility date prior to the member's death, shall receive a 9,810
monthly death benefit under this division. The monthly death 9,812
benefit shall be one-half of an amount equal to the monthly 9,813
salary received by the deceased member prior to the member's 9,814
death, plus any salary increases the deceased member would have 9,816
received prior to the member's retirement eligibility date. The 9,818
benefit shall terminate on the surviving spouse's remarriage or 9,819
death. A death benefit payable under this division shall be 9,821
reduced by an amount equal to any allowance or benefit payable to 9,822
the surviving spouse under section 742.3714 of the Revised Code. 9,823
(G)(1) If there is not a surviving spouse eligible to 9,827
receive a death benefit under division (F) of this section or the 9,828
surviving spouse receiving a death benefit under that division 9,829
becomes ineligible to receive the benefit due to remarriage or 9,830
death, a surviving child or children whose benefits under 9,831
division (C) or (D) of this section are or have been terminated 9,832
pursuant to division (C)(3) or (D)(3) of this section or who 9,834
would qualify for a benefit under division (C) or (D) of this 9,835
section except that the deceased member reached the member's
retirement eligibility date prior to the member's death shall 9,836
receive a monthly death benefit under this division. The monthly 9,837
death benefit shall be one-half of an amount equal to the monthly 9,838
salary received by the deceased member prior to the member's 9,839
death, plus any salary increases the member would have received 9,841
prior to the member's retirement eligibility date. If there is 9,842
more than one surviving child, the benefit shall be divided 9,843
equally among the surviving children. 9,844
(2) If two or more surviving children each are receiving a 9,846
212
benefit under this division and any of those children becomes 9,847
ineligible to continue receiving a benefit as provided in 9,848
division (H) of this section, the remaining eligible child or 9,849
children shall receive an amount equal to one-half of the monthly 9,850
salary received by the deceased member prior to death, plus any 9,851
salary increases the deceased member would have received prior to 9,852
the retirement eligibility date. If there is more than one
remaining eligible child, the benefit shall be divided equally 9,853
among the eligible children. 9,854
(3) A death benefit, or portion of a death benefit, 9,856
payable to a surviving child under this division shall be reduced 9,857
by an amount equal to any allowance or benefit payable to that 9,858
child under section 742.3714 of the Revised Code, but the 9,859
reduction in that child's benefit shall not affect the amount 9,860
payable to any other surviving child entitled to a portion of the 9,861
death benefit.
(H) A death benefit paid to a surviving child under 9,864
division (C), (D), or (G) of this section shall terminate on the 9,865
death of the child or, unless one of the following is the case, 9,866
when the child reaches age eighteen:
(1) The child, because of physical or mental disability, 9,868
is unable to provide the child's own support, in which case the 9,869
death benefit shall terminate when the disability is removed; 9,871
(2) The child is unmarried, under age twenty-two, and a 9,873
student in and attending an institution of learning or training 9,874
pursuant to a program designed to complete in each school year 9,875
the equivalent of at least two-thirds of the full-time curriculum 9,876
requirements of the institution, as determined by the trustees of 9,877
the fund.
(I) Acceptance of any death benefit under this section 9,879
does not prohibit a spouse or child from receiving other benefits 9,880
provided under the OHIO police and firemen's disability and FIRE 9,882
pension fund, the state highway patrol retirement system, the 9,883
public employees retirement system, or a retirement system 9,884
213
operated by a municipal corporation. 9,885
(J) No person shall receive a benefit under this section 9,887
if any of the following occur: 9,888
(1) The person fails to exercise the right to a monthly 9,890
survivor benefit under division (A) or (B) of section 145.45, 9,891
division (D), (E), or (F) of section 742.37, or division (A)(3), 9,892
(4), or (7) of section 5505.17 of the Revised Code; to a monthly 9,893
survivor benefit from a retirement system operated by a municipal 9,894
corporation; or to a retirement allowance under section 742.3714 9,895
of the Revised Code. 9,896
(2) The member's accumulated contributions under this 9,898
chapter or Chapter 145. or 5505. of the Revised Code are refunded 9,899
unless the member had been a member of the public employees 9,900
retirement system and had fewer than eighteen months of total 9,901
service credit at the time of death. 9,902
(3) In the case of a full-time park district ranger or 9,904
patrol trooper, a full-time law enforcement officer of the 9,906
department of natural resources, a full-time law enforcement 9,907
officer of parks, waterway lands, or reservoir lands under the 9,908
control of a municipal corporation, a full-time law enforcement 9,909
officer of a conservancy district, a correction officer at an 9,910
institution under the control of a county, group of counties, or 9,911
municipal corporation, or a member of a retirement system 9,912
operated by a municipal corporation who at the time of the 9,913
member's death was a full-time law enforcement officer of parks, 9,915
waterway lands, or reservoir lands under the control of the 9,916
municipal corporation, the member died prior to April 9, 1981, in 9,917
the case of a benefit under division (B), (C), or (D) of this 9,918
section, or prior to January 1, 1980, in the case of a benefit 9,919
under division (E) of this section. 9,920
(4) In the case of a full-time department of public safety 9,922
enforcement agent who prior to the effective date of this 9,923
amendment JUNE 30, 1999, was a liquor control investigator of the 9,925
department of public safety, the member died prior to December
214
23, 1986; 9,926
(5) In the case of a full-time department of public safety 9,928
enforcement agent other than an enforcement agent who, prior to 9,929
the effective date of this amendment JUNE 30, 1999, was a liquor 9,930
control investigator, the member died prior to the effective date 9,931
of this amendment JUNE 30, 1999. 9,932
Sec. 902.10. All bonds issued under this chapter are 9,941
lawful investments of banks, societies for savings, savings and 9,942
loan associations, deposit guarantee associations, trust 9,943
companies, trustees, fiduciaries, insurance companies, including 9,944
domestic for life and domestic not for life, trustees or other 9,945
officers having charge of sinking and bond retirement or other 9,946
special funds of political subdivisions and taxing districts of 9,947
this state, the commissioners of the sinking fund of the state, 9,948
the administrator of workers' compensation, the state teachers 9,949
retirement system, the public employees retirement system, the 9,950
school employees retirement system, and the OHIO police and 9,951
firemen's disability and FIRE pension fund, notwithstanding any 9,953
other provision of the Revised Code or rules adopted pursuant 9,954
thereto by any governmental agency of the state with respect to 9,955
investments by them, and are acceptable as security for the 9,956
deposit of public moneys.
Sec. 1555.08. (A) Subject to the limitations provided in 9,965
Section 15 of Article VIII, Ohio Constitution, the commissioners 9,966
of the sinking fund, upon certification by the director of the 9,967
Ohio coal development office of the amount of moneys or 9,968
additional moneys needed in the coal research and development 9,969
fund for the purpose of making grants or loans for allowable 9,970
costs, or needed for capitalized interest, for funding reserves, 9,971
and for paying costs and expenses incurred in connection with the 9,972
issuance, carrying, securing, paying, redeeming, or retirement of 9,973
the obligations or any obligations refunded thereby, including 9,974
payment of costs and expenses relating to letters of credit, 9,975
lines of credit, insurance, put agreements, standby purchase 9,976
215
agreements, indexing, marketing, remarketing and administrative 9,977
arrangements, interest swap or hedging agreements, and any other 9,978
credit enhancement, liquidity, remarketing, renewal, or refunding 9,979
arrangements, all of which are authorized by this section, or 9,980
providing moneys for loan guarantees, shall issue obligations of 9,981
the state under this section in amounts authorized by the general 9,982
assembly; provided that such obligations may be issued to the 9,983
extent necessary to satisfy the covenants in contracts of 9,984
guarantee made under section 1555.05 of the Revised Code to issue 9,985
obligations to meet such guarantees, notwithstanding limitations 9,986
otherwise applicable to the issuance of obligations under this 9,987
section except the one-hundred-million-dollar limitation provided 9,988
in Section 15 of Article VIII, Ohio Constitution. The proceeds 9,989
of such obligations, except for the portion to be deposited in 9,990
the coal research and development bond service fund as may be 9,991
provided in the bond proceedings, shall as provided in the bond 9,992
proceedings be deposited in the coal research and development 9,993
fund. The commissioners of the sinking fund may appoint 9,994
trustees, paying agents, and transfer agents and may retain the 9,995
services of financial advisors, accounting experts, and 9,996
attorneys, and retain or contract for the services of marketing, 9,997
remarketing, indexing, and administrative agents, other 9,998
consultants, and independent contractors, including printing 9,999
services, as are necessary in their judgment to carry out this 10,000
section. 10,001
(B) The full faith and credit of the state of Ohio is 10,003
hereby pledged to obligations issued under this section except as 10,004
otherwise provided in section 1555.12 of the Revised Code. The 10,005
right of the holders and owners to payment of bond service 10,006
charges is limited to all or that portion of the moneys pledged 10,007
thereto pursuant to the bond proceedings in accordance with this 10,008
section, and each such obligation shall bear on its face a 10,009
statement to that effect. 10,010
(C) Obligations shall be authorized by resolution of the 10,012
216
commissioners of the sinking fund on request of the director of 10,013
the Ohio coal development office as provided in section 1555.02 10,014
of the Revised Code and the bond proceedings shall provide for 10,015
the purpose thereof and the principal amount or amounts, and 10,016
shall provide for or authorize the manner or agency for 10,017
determining the principal maturity or maturities, not exceeding 10,018
forty years from the date of issuance, the interest rate or rates 10,019
or the maximum interest rate, the date of the obligations and the 10,020
dates of payment of interest thereon, their denomination, and the 10,021
establishment within or without the state of a place or places of 10,022
payment of bond service charges. Sections 9.98 to 9.983 of the 10,023
Revised Code apply to obligations issued under this section, 10,024
subject to any applicable limitation under section 1555.12 of the 10,025
Revised Code. The purpose of such obligations may be stated in 10,026
the bond proceedings in terms describing the general purpose or 10,027
purposes to be served. The bond proceedings shall also provide, 10,028
subject to the provisions of any other applicable bond 10,029
proceedings, for the pledge of all, or such part as the 10,030
commissioners of the sinking fund may determine, of the moneys 10,031
credited to the coal research and development bond service fund 10,032
to the payment of bond service charges, which pledges may be made 10,033
either prior or subordinate to other expenses, claims, or 10,034
payments and may be made to secure the obligations on a parity 10,035
with obligations theretofore or thereafter issued, if and to the 10,036
extent provided in the bond proceedings. The moneys so pledged 10,037
and thereafter received by the state are immediately subject to 10,038
the lien of such pledge without any physical delivery thereof or 10,039
further act, and the lien of any such pledges is valid and 10,040
binding against all parties having claims of any kind against the 10,041
state or any governmental agency of the state, irrespective of 10,042
whether such parties have notice thereof, and shall create a 10,043
perfected security interest for all purposes of Chapter 1309. of 10,044
the Revised Code, without the necessity for separation or 10,045
delivery of funds or for the filing or recording of the bond 10,046
217
proceedings by which such pledge is created or any certificate, 10,047
statement or other document with respect thereto; and the pledge 10,048
of such moneys is effective and the money therefrom and thereof 10,049
may be applied to the purposes for which pledged without 10,050
necessity for any act of appropriation. Every pledge, and every 10,051
covenant and agreement made with respect thereto, made in the 10,052
bond proceedings may therein be extended to the benefit of the 10,053
owners and holders of obligations authorized by this section, and 10,054
to any trustee therefor, for the further security of the payment 10,055
of the bond service charges. 10,056
(D) The bond proceedings may contain additional provisions 10,058
as to: 10,059
(1) The redemption of obligations prior to maturity at the 10,061
option of the commissioners of the sinking fund at such price or 10,062
prices and under such terms and conditions as are provided in the 10,063
bond proceedings; 10,064
(2) Other terms of the obligations; 10,066
(3) Limitations on the issuance of additional obligations; 10,068
(4) The terms of any trust agreement or indenture securing 10,070
the obligations or under which the obligations may be issued; 10,071
(5) The deposit, investment, and application of the coal 10,073
research and development bond service fund, and the safeguarding 10,074
of moneys on hand or on deposit, without regard to Chapter 131. 10,075
or 135. of the Revised Code, but subject to any special 10,076
provisions of this chapter, with respect to particular moneys; 10,077
provided, that any bank or trust company which acts as depository 10,078
of any moneys in the fund may furnish such indemnifying bonds or 10,079
may pledge such securities as required by the commissioners of 10,080
the sinking fund; 10,081
(6) Any other provision of the bond proceedings being 10,083
binding upon the commissioners of the sinking fund, or such other 10,084
body or person as may from time to time have the authority under 10,085
law to take such actions as may be necessary to perform all or 10,086
any part of the duty required by such provision; 10,087
218
(7) Any provision which may be made in a trust agreement 10,089
or indenture; 10,090
(8) Any other or additional agreements with the holders of 10,092
the obligations, or the trustee therefor, relating to the 10,093
obligations or the security therefor, including the assignment of 10,094
mortgages or other security obtained or to be obtained for loans 10,095
under this chapter. 10,096
(E) The obligations may have the great seal of the state 10,098
or a facsimile thereof affixed thereto or printed thereon. The 10,099
obligations shall be signed by such members of the commissioners 10,100
of the sinking fund as are designated in the resolution 10,101
authorizing the obligations or bear the facsimile signatures of 10,102
such members. Any coupons attached to the obligations shall bear 10,103
the facsimile signature of the treasurer of state. Any 10,104
obligations may be executed by the persons who, on the date of 10,105
execution, are the commissioners although on the date of such 10,106
bonds the persons were not the commissioners. Any coupons may be 10,107
executed by the person who, on the date of execution, is the 10,108
treasurer of state although on the date of such coupons the 10,109
person was not the treasurer of state. In case any officer or 10,110
commissioner whose signature or a facsimile of whose signature 10,111
appears on any such obligations or any coupons ceases to be such 10,112
officer or commissioner before delivery thereof, such signature 10,113
or facsimile is nevertheless valid and sufficient for all 10,114
purposes as if the individual had remained such officer or 10,115
commissioner until such delivery; and in case the seal to be 10,117
affixed to obligations has been changed after a facsimile of the 10,118
seal has been imprinted on such obligations, such facsimile seal 10,119
shall continue to be sufficient as to such obligations and 10,120
obligations issued in substitution or exchange therefor. 10,121
(F) All obligations except loan guarantees are negotiable 10,123
instruments and securities under Chapter 1308. of the Revised 10,124
Code, subject to the provisions of the bond proceedings as to 10,125
registration. The obligations may be issued in coupon or in 10,126
219
registered form, or both, as the commissioners of the sinking 10,127
fund determine. Provision may be made for the registration of 10,128
any obligations with coupons attached thereto as to principal 10,129
alone or as to both principal and interest, their exchange for 10,130
obligations so registered, and for the conversion or reconversion 10,131
into obligations with coupons attached thereto of any obligations 10,132
registered as to both principal and interest, and for reasonable 10,133
charges for such registration, exchange, conversion, and 10,134
reconversion. 10,135
(G) Obligations may be sold at public sale or at private 10,137
sale, as determined in the bond proceedings. 10,138
(H) Pending preparation of definitive obligations, the 10,140
commissioners of the sinking fund may issue interim receipts or 10,141
certificates which shall be exchanged for such definitive 10,142
obligations. 10,143
(I) In the discretion of the commissioners of the sinking 10,145
fund, obligations may be secured additionally by a trust 10,146
agreement or indenture between the commissioners and a corporate 10,147
trustee, which may be any trust company or bank having its 10,148
principal place of business within the state. Any such agreement 10,149
or indenture may contain the resolution authorizing the issuance 10,150
of the obligations, any provisions that may be contained in any 10,151
bond proceedings, and other provisions that are customary or 10,152
appropriate in an agreement or indenture of such type, including, 10,153
but not limited to: 10,154
(1) Maintenance of each pledge, trust agreement, 10,156
indenture, or other instrument comprising part of the bond 10,157
proceedings until the state has fully paid the bond service 10,158
charges on the obligations secured thereby, or provision therefor 10,159
has been made; 10,160
(2) In the event of default in any payments required to be 10,162
made by the bond proceedings, or any other agreement of the 10,163
commissioners of the sinking fund made as a part of the contract 10,164
under which the obligations were issued, enforcement of such 10,165
220
payments or agreement by mandamus, the appointment of a receiver, 10,166
suit in equity, action at law, or any combination of the 10,167
foregoing; 10,168
(3) The rights and remedies of the holders of obligations 10,170
and of the trustee, and provisions for protecting and enforcing 10,171
them, including limitations on rights of individual holders of 10,172
obligations; 10,173
(4) The replacement of any obligations that become 10,175
mutilated or are destroyed, lost, or stolen; 10,176
(5) Such other provisions as the trustee and the 10,178
commissioners of the sinking fund agree upon, including 10,179
limitations, conditions, or qualifications relating to any of the 10,180
foregoing. 10,181
(J) Any holder of obligations or a trustee under the bond 10,183
proceedings, except to the extent that his THE HOLDER'S rights 10,184
are restricted by the bond proceedings, may by any suitable form 10,185
of legal proceedings protect and enforce any rights under the 10,186
laws of this state or granted by such bond proceedings. Such 10,187
rights include the right to compel the performance of all duties 10,188
of the commissioners of the sinking fund, the director of 10,189
development or the Ohio coal development office required by this 10,190
chapter and Chapter 1551. of the Revised Code or the bond 10,191
proceedings; to enjoin unlawful activities; and in the event of 10,192
default with respect to the payment of any bond service charges 10,193
on any obligations or in the performance of any covenant or 10,194
agreement on the part of the commissioners, the director, or the 10,195
office in the bond proceedings, to apply to a court having 10,196
jurisdiction of the cause to appoint a receiver to receive and 10,197
administer the moneys pledged, other than those in the custody of 10,198
the treasurer of state, that are pledged to the payment of the 10,199
bond service charges on such obligations or that are the subject 10,200
of the covenant or agreement, with full power to pay, and to 10,201
provide for payment of bond service charges on, such obligations, 10,202
and with such powers, subject to the direction of the court, as 10,203
221
are accorded receivers in general equity cases, excluding any 10,204
power to pledge additional revenues or receipts or other income 10,205
or moneys of the commissioners of the sinking fund or the state 10,206
or governmental agencies of the state to the payment of such 10,207
principal and interest and excluding the power to take possession 10,208
of, mortgage, or cause the sale or otherwise dispose of any 10,209
project. 10,210
Each duty of the commissioners of the sinking fund and 10,212
their employees, and of each governmental agency and its 10,213
officers, members, or employees, undertaken pursuant to the bond 10,214
proceedings or any grant, loan, or loan guarantee agreement made 10,215
under authority of this chapter, and in every agreement by or 10,216
with the commissioners, is hereby established as a duty of the 10,217
commissioners, and of each such officer, member, or employee 10,218
having authority to perform such duty, specifically enjoined by 10,219
the law resulting from an office, trust, or station within the 10,220
meaning of section 2731.01 of the Revised Code. 10,221
The persons who are at the time the commissioners of the 10,223
sinking fund, or their employees, are not liable in their 10,224
personal capacities on any obligations issued by the 10,225
commissioners or any agreements of or with the commissioners. 10,226
(K) The commissioners of the sinking fund may authorize 10,228
and issue obligations for the refunding, including funding and 10,229
retirement, and advance refunding with or without payment or 10,230
redemption prior to maturity, of any obligations previously 10,231
issued by the commissioners. Such obligations may be issued in 10,232
amounts sufficient for payment of the principal amount of the 10,233
prior obligations, any redemption premiums thereon, principal 10,234
maturities of any such obligations maturing prior to the 10,235
redemption of the remaining obligations on a parity therewith, 10,236
interest accrued or to accrue to the maturity dates or dates of 10,237
redemption of such obligations, and any allowable costs including 10,238
expenses incurred or to be incurred in connection with such 10,239
issuance and such refunding, funding, and retirement. Subject to 10,240
222
the bond proceedings therefor, the portion of proceeds of the 10,241
sale of obligations issued under this division to be applied to 10,242
bond service charges on the prior obligations shall be credited 10,243
to an appropriate account held by the trustee for such prior or 10,244
new obligations or to the appropriate account in the coal 10,245
research and development bond service fund for such obligations. 10,246
Obligations authorized under this division are deemed to be 10,247
issued for those purposes for which such prior obligations were 10,248
issued and are subject to the provisions of this section 10,249
pertaining to other obligations, except as otherwise provided in 10,250
this section; provided that, unless otherwise authorized by the 10,251
general assembly, any limitations imposed by the general assembly 10,252
pursuant to this section with respect to bond service charges 10,253
applicable to the prior obligations applies to the obligations 10,254
issued under this division to refund, fund, advance refund, or 10,255
retire such prior obligations. 10,256
(L) The authority to issue obligations under this section 10,258
includes authority to issue obligations in the form of bond 10,259
anticipation notes and to renew the notes from time to time by 10,260
the issuance of new notes. The holders of such notes or interest 10,261
coupons pertaining thereto shall have a right to be paid solely 10,262
from the moneys that may be pledged to the payment of the bonds 10,263
anticipated, or from the proceeds of such bonds or renewal notes, 10,264
or both, as the commissioners of the sinking fund provide in any 10,265
resolution authorizing such notes. Such notes may be 10,266
additionally secured by covenants of the commissioners to the 10,267
effect that they and the state will do such or all things 10,268
necessary for the issuance of such bonds or renewal notes in 10,269
appropriate amount, and apply the proceeds thereof to the extent 10,270
necessary, to make full payment of the principal of and interest 10,271
on such notes at the time or times contemplated, as provided in 10,272
such resolution. For such purpose, the commissioners may issue 10,273
bonds or renewal notes in such principal amount and upon such 10,274
terms as may be necessary to provide funds to pay when required 10,275
223
the principal of and interest on such notes, notwithstanding any 10,276
limitations prescribed by or for purposes of this section except 10,277
the one-hundred-million-dollar limitation provided in Section 15 10,278
of Article VIII, Ohio Constitution. Subject to this division, 10,279
all provisions for and references to obligations in this section 10,280
apply to notes authorized under this division. 10,281
The commissioners of the sinking fund in the bond 10,283
proceedings authorizing the issuance of bond anticipation notes 10,284
shall set forth for such bonds an estimated interest rate and a 10,285
schedule of principal payments for such bonds and the annual 10,286
maturity dates thereof. 10,287
(M) Obligations issued under this section are lawful 10,289
investments for banks, societies for savings, savings and loan 10,290
associations, deposit guarantee associations, trust companies, 10,291
trustees, fiduciaries, insurance companies, including domestic 10,292
for life and domestic not for life, trustees or other officers 10,293
having charge of sinking and bond retirement or other special 10,294
funds of political subdivisions and taxing districts of this 10,295
state, the commissioners of the sinking fund of the state, the 10,296
administrator of workers' compensation, the state teachers 10,297
retirement system, the public employees retirement system, the 10,298
school employees retirement system, and the OHIO police and 10,299
firemen's disability and FIRE pension fund, notwithstanding any 10,301
other provisions of the Revised Code or rules adopted pursuant 10,303
thereto by any governmental agency of the state with respect to 10,304
investments by them, and are also acceptable as security for the 10,305
deposit of public moneys. 10,306
(N) If the law or the instrument creating a trust pursuant 10,308
to division (I) of this section expressly permits investment in 10,309
direct obligations of the United States or an agency of the 10,310
United States, unless expressly prohibited by the instrument, 10,312
such moneys also may be invested in no-front-end-load money 10,313
market mutual funds consisting exclusively of obligations of the 10,314
United States or an agency of the United States and in repurchase 10,316
224
agreements, including those issued by the fiduciary itself, 10,317
secured by obligations of the United States or an agency of the 10,318
United States; and in collective investment funds established in 10,320
accordance with section 1111.14 of the Revised Code and 10,322
consisting exclusively of any such securities, notwithstanding 10,323
division (A)(1)(c) of that section. The income from such 10,325
investments shall be credited to such funds as the commissioners 10,326
of the sinking fund determine, and such investments may be sold 10,327
at such times as the commissioners determine or authorize. 10,328
(O) Provision may be made in the applicable bond 10,330
proceedings for the establishment of separate accounts in the 10,331
bond service fund and for the application of such accounts only 10,332
to the specified bond service charges on obligations pertinent to 10,333
such accounts and bond service fund and for other accounts 10,334
therein within the general purposes of such fund. Moneys to the 10,335
credit of the bond service fund shall be disbursed on the order 10,336
of the treasurer of state; provided, that no such order is 10,337
required for the payment from the bond service fund when due of 10,338
bond service charges on obligations. 10,339
(P) The commissioners of the sinking fund may pledge all, 10,341
or such portion as they determine, of the receipts of the bond 10,342
service fund to the payment of bond service charges on 10,343
obligations issued under this section, and for the establishment 10,344
and maintenance of any reserves, as provided in the bond 10,345
proceedings, and make other provisions therein with respect to 10,346
pledged receipts as authorized by this chapter, which provisions 10,347
control notwithstanding any other provisions of law pertaining 10,348
thereto. 10,349
(Q) The commissioners of the sinking fund may covenant in 10,351
the bond proceedings, and any such covenants control 10,352
notwithstanding any other provision of law, that the state and 10,353
applicable officers and governmental agencies of the state, 10,354
including the general assembly, so long as any obligations are 10,356
outstanding, shall:
225
(1) Maintain statutory authority for and cause to be 10,358
levied and collected taxes so that the pledged receipts are 10,359
sufficient in amount to meet bond service charges, and the 10,360
establishment and maintenance of any reserves and other 10,361
requirements provided for in the bond proceedings, and, as 10,362
necessary, to meet covenants contained in any loan guarantees 10,363
made under this chapter; 10,364
(2) Take or permit no action, by statute or otherwise, 10,366
that would impair the exemption from federal income taxation of 10,367
the interest on the obligations. 10,368
(R) There is hereby created in the state treasury the coal 10,370
research and development bond service fund. All moneys received 10,371
by or on account of the state and required by the applicable bond 10,372
proceedings, consistent with this section, to be deposited, 10,373
transferred, or credited to the bond service fund, and all other 10,374
moneys transferred or allocated to or received for the purposes 10,375
of the fund, shall be credited to such fund and to any separate 10,376
accounts therein, subject to applicable provisions of the bond 10,377
proceedings, but without necessity for any act of appropriation. 10,378
During the period beginning with the date of the first issuance 10,379
of obligations and continuing during such time as any such 10,380
obligations are outstanding, and so long as moneys in the bond 10,381
service fund are insufficient to pay all bond service charges on 10,382
such obligations becoming due in each year, a sufficient amount 10,383
of moneys of the state except as provided in section 1555.12 of 10,384
the Revised Code are committed and shall be paid to the bond 10,385
service fund in each year for the purpose of paying the bond 10,386
service charges becoming due in that year without necessity for 10,387
further act of appropriation for such purpose. The bond service 10,388
fund is a trust fund and is hereby pledged to the payment of bond 10,389
service charges to the extent provided in the applicable bond 10,390
proceedings, and payment thereof from such fund shall be made or 10,391
provided for by the treasurer of state in accordance with such 10,392
bond proceedings without necessity for any act of appropriation. 10,393
226
All investment earnings of the fund shall be credited to the 10,394
fund. 10,395
(S) For purposes of establishing the limitations contained 10,397
in Section 15 of Article VIII, Ohio Constitution, the "principal 10,398
amount" refers to the aggregate of the offering price of the 10,399
bonds or notes. "Principal amount" does not refer to the 10,400
aggregate value at maturity or redemption of the bonds or notes. 10,401
Sec. 1557.03. (A)(1) The commissioners of the sinking 10,410
fund are authorized to issue and sell, as provided in this 10,411
section and in amounts from time to time authorized by the 10,412
general assembly, general obligations of this state for the 10,413
purpose of financing or assisting in the financing of the costs 10,414
of projects. The full faith and credit, revenues, and taxing 10,415
power of the state are and shall be pledged to the timely payment 10,416
of debt charges on outstanding obligations, all in accordance 10,417
with Section 2l of Article VIII, Ohio Constitution, and sections 10,418
1557.03 to 1557.05 of the Revised Code, excluding from that 10,419
pledge fees, excises, or taxes relating to the registration, 10,420
operation, or use of vehicles on the public highways, or to fuels 10,421
used for propelling those vehicles, and so long as such 10,422
obligations are outstanding there shall be levied and collected 10,423
excises and taxes, excluding those excepted above, in amount 10,424
sufficient to pay the debt charges on such obligations and 10,425
financing costs relating to credit enhancement facilities. 10,426
(2) For meetings of the commissioners of the sinking fund 10,428
pertaining to the obligations under this chapter, each of the 10,429
commissioners may designate an employee or officer of that 10,430
commissioner's office to attend meetings when that commissioner 10,431
is absent for any reason, and such designee, when present, shall 10,432
be counted in determining whether a quorum is present at any 10,433
meeting and may vote and participate in all proceedings and 10,434
actions of the commissioners at that meeting pertaining to the 10,435
obligations, provided, that such designee shall not execute or 10,436
cause a facsimile of his THE DESIGNEE'S signature to be placed on 10,438
227
any obligation, or execute any trust agreement or indenture of 10,439
the commissioners. Such designation shall be in writing, 10,440
executed by the designating member, and shall be filed with the 10,441
secretary of the commissioners and such designation may be 10,442
changed from time to time by a similar written designation. 10,443
(B) The total principal amount of obligations outstanding 10,445
at any one time shall not exceed two hundred million dollars, and 10,446
not more than fifty million dollars in principal amount of 10,447
obligations to pay costs of projects may be issued in any fiscal 10,448
year, all determined as provided in sections 1557.03 to 1557.05 10,449
of the Revised Code. 10,450
(C) The state may participate by grants or contributions 10,452
in financing projects under this section made by local government 10,453
entities. Of the proceeds of the first two hundred million 10,454
dollars principal amount in obligations issued under this section 10,455
to pay costs of projects, at least twenty per cent shall be 10,456
allocated in accordance with section 1557.06 of the Revised Code 10,457
to grants or contributions to local government entities. The 10,458
director of budget and management shall establish and maintain 10,459
records in such manner as to show that the proceeds credited to 10,460
the Ohio parks and natural resources fund have been expended for 10,461
the purposes and in accordance with the limitations set forth 10,462
herein. 10,463
(D) Each issue of obligations shall be authorized by 10,465
resolution of the commissioners of the sinking fund. The bond 10,466
proceedings shall provide for the principal amount or maximum 10,467
principal amount of obligations of an issue, and shall provide 10,468
for or authorize the manner or agency for determining the 10,469
principal maturity or maturities, not exceeding the earlier of 10,470
twenty-five years from the date the debt represented by the 10,471
particular obligations was originally contracted, the interest 10,472
rate or rates, the date of and the dates of payment of interest 10,473
on the obligations, their denominations, and the establishment 10,474
within or without the state of a place or places of payment of 10,475
228
debt charges. Sections 9.96 and 9.98 to 9.983 of the Revised 10,476
Code are applicable to the obligations. The purpose of the 10,477
obligations may be stated in the bond proceedings as "financing 10,478
or assisting in the financing of projects as provided in Section 10,479
2l of Article VIII, Ohio Constitution." 10,480
(E) The proceeds of the obligations, except for any 10,482
portion to be deposited in special funds, or in escrow funds for 10,483
the purpose of refunding outstanding obligations, all as may be 10,484
provided in the bond proceedings, shall be deposited in the Ohio 10,485
parks and natural resources fund established by section 1557.02 10,486
of the Revised Code. 10,487
(F) The commissioners of the sinking fund may appoint 10,489
paying agents, bond registrars, securities depositories, and 10,490
transfer agents, and may retain the services of financial 10,491
advisers and accounting experts, and retain or contract for the 10,492
services of marketing, remarketing, indexing, and administrative 10,493
agents, other consultants, and independent contractors, including 10,494
printing services, as are necessary in the judgment of the 10,495
commissioners to carry out sections 1557.01 to 1557.05 of the 10,496
Revised Code. Financing costs are payable, as provided in the 10,497
bond proceedings, from the proceeds of the obligations, from 10,498
special funds, or from other moneys available for the purpose. 10,499
(G) The bond proceedings, including any trust agreement, 10,501
may contain additional provisions customary or appropriate to the 10,502
financing or to the obligations or to particular obligations, 10,503
including, but not limited to: 10,504
(1) The redemption of obligations prior to maturity at the 10,506
option of the state or of the holder or upon the occurrence of 10,507
certain conditions at such price or prices and under such terms 10,508
and conditions as are provided in the bond proceedings; 10,509
(2) The form of and other terms of the obligations; 10,511
(3) The establishment, deposit, investment, and 10,513
application of special funds, and the safeguarding of moneys on 10,514
hand or on deposit, without regard to Chapter 131. or 135. of the 10,515
229
Revised Code, provided that any bank or trust company that acts 10,516
as a depository of any moneys in special funds may furnish such 10,517
indemnifying bonds or may pledge such securities as required by 10,518
the commissioners of the sinking fund; 10,519
(4) Any or every provision of the bond proceedings binding 10,521
upon the commissioners of the sinking fund and such state agency 10,522
or local government entities, officer, board, commission, 10,523
authority, agency, department, or other person or body as may 10,524
from time to time have the authority under law to take such 10,525
actions as may be necessary to perform all or any part of the 10,526
duty required by such provision; 10,527
(5) The maintenance of each pledge, any trust agreement, 10,529
or other instrument composing part of the bond proceedings until 10,530
the state has fully paid or provided for the payment of the debt 10,531
charges on the obligations or met other stated conditions; 10,532
(6) In the event of default in any payments required to be 10,534
made by the bond proceedings, or any other agreement of the 10,535
commissioners of the sinking fund made as part of a contract 10,536
under which the obligations were issued or secured, the 10,537
enforcement of such payments or agreements by mandamus, suit in 10,538
equity, action at law, or any combination of the foregoing; 10,539
(7) The rights and remedies of the holders of obligations 10,541
and of the trustee under any trust agreement, and provisions for 10,542
protecting and enforcing them, including limitations on rights of 10,543
individual holders of obligations; 10,544
(8) The replacement of any obligations that become 10,546
mutilated or are destroyed, lost, or stolen; 10,547
(9) Provision for the funding, refunding, or advance 10,549
refunding or other provision for payment of obligations which 10,550
will then no longer be or be deemed to be outstanding for 10,551
purposes of this section or of the bond proceedings; 10,552
(10) Any provision that may be made in bond proceedings or 10,555
a trust agreement, including provision for amendment of the bond 10,556
proceedings;
230
(11) Such other provisions as the commissioners of the 10,558
sinking fund determine, including limitations, conditions, or 10,559
qualifications relating to any of the foregoing; 10,560
(12) Any other or additional agreements with the holders 10,562
of the obligations relating to the obligations or the security 10,563
for the obligations. 10,564
(H) The great seal of the state or a facsimile of that 10,566
seal may be affixed to or printed on the obligations. The 10,567
obligations shall be signed by or bear the facsimile signatures 10,568
of two or more of the commissioners of the sinking fund as 10,569
provided in the bond proceedings. Any obligations may be signed 10,570
by the person who, on the date of execution, is the authorized 10,571
signer although on the date of such obligations such person was 10,572
not a commissioner. In case the individual whose signature or a 10,573
facsimile of whose signature appears on any obligation ceases to 10,574
be a commissioner before delivery of the obligation, such 10,575
signature or facsimile is nevertheless valid and sufficient for 10,576
all purposes as if the individual had remained the member until 10,578
such delivery, and in case the seal to be affixed to or printed 10,579
on obligations has been changed after the seal has been affixed 10,580
to or a facsimile of the seal has been printed on the 10,581
obligations, that seal or facsimile seal shall continue to be 10,582
sufficient as to those obligations and obligations issued in 10,583
substitution or exchange therefor. 10,584
(I) Obligations may be issued in coupon or in fully 10,586
registered form, or both, as the commissioners of the sinking 10,587
fund determine. Provision may be made for the registration of 10,588
any obligations with coupons attached as to principal alone or as 10,589
to both principal and interest, their exchange for obligations so 10,590
registered, and for the conversion or reconversion into 10,591
obligations with coupons attached of any obligations registered 10,592
as to both principal and interest, and for reasonable charges for 10,593
such registration, exchange, conversion, and reconversion. 10,594
Pending preparation of definitive obligations, the commissioners 10,595
231
of the sinking fund may issue interim receipts or certificates 10,596
which shall be exchanged for such definitive obligations. 10,597
(J) Obligations may be sold at public sale or at private 10,599
sale, and at such price at, above, or below par, as determined by 10,600
the commissioners of the sinking fund in the bond proceedings. 10,601
(K) In the discretion of the commissioners of the sinking 10,603
fund, obligations may be secured additionally by a trust 10,604
agreement between the state and a corporate trustee which may be 10,605
any trust company or bank having its principal place of business 10,606
within the state. Any trust agreement may contain the resolution 10,607
authorizing the issuance of the obligations, any provisions that 10,608
may be contained in the bond proceedings, and other provisions 10,609
that are customary or appropriate in an agreement of the type. 10,610
(L) Except to the extent that their rights are restricted 10,612
by the bond proceedings, any holder of obligations, or a trustee 10,613
under the bond proceedings, may by any suitable form of legal 10,614
proceedings protect and enforce any rights under the laws of this 10,615
state or granted by the bond proceedings. Such rights include 10,616
the right to compel the performance of all duties of the 10,617
commissioners and the state. Each duty of the commissioners and 10,618
employees of the commissioners, and of each state agency and 10,619
local public entity and its officers, members, or employees, 10,620
undertaken pursuant to the bond proceedings, is hereby 10,621
established as a duty of the commissioners, and of each such 10,622
agency, local government entity, officer, member, or employee 10,623
having authority to perform such duty, specifically enjoined by 10,624
the law and resulting from an office, trust, or station within 10,625
the meaning of section 2731.01 of the Revised Code. The persons 10,626
who are at the time the commissioners, or employees of the 10,627
commissioners, are not liable in their personal capacities on any 10,628
obligations or any agreements of or with the commissioners 10,629
relating to obligations or under the bond proceedings. 10,630
(M) The commissioners of the sinking fund may authorize 10,632
and issue obligations for the refunding, including funding and 10,633
232
retirement, and advance refunding with or without payment or 10,634
redemption prior to maturity, of any obligations previously 10,635
issued. Such refunding obligations may be issued in amounts 10,636
sufficient to pay or to provide for payment of the principal 10,637
amount, including principal amounts maturing prior to the 10,638
redemption of the remaining obligations, any redemption premium, 10,639
and interest and other accreted amounts accrued or to accrue to 10,640
the maturity or redemption date or dates, payable on the refunded 10,641
obligations, and related financing costs and any expenses 10,642
incurred or to be incurred in connection with such issuance and 10,643
refunding. Subject to the bond proceedings therefor, the portion 10,644
of the proceeds of the sale of refunding obligations issued under 10,645
this division to be applied to debt charges on the prior 10,646
obligations shall be credited to an appropriate separate account 10,647
in the bond service fund and held in trust for the purpose by the 10,648
commissioners or by a corporate trustee. Obligations authorized 10,649
under this division shall be considered to be issued for those 10,650
purposes for which such prior obligations were issued, and, 10,651
except as otherwise provided in sections 1557.03 to 1557.05 of 10,652
the Revised Code pertaining to other obligations. 10,653
(N) The commissioners of the sinking fund may authorize 10,655
and issue obligations in the form of bond anticipation notes and 10,656
renew those notes from time to time by the issuance of new notes. 10,657
The holders of such notes or appertaining interest coupons have 10,658
the right to have debt charges on those notes paid solely from 10,659
the moneys and special funds that are or may be pledged to the 10,660
payment of debt charges on those notes, including the proceeds of 10,661
such bonds or renewal notes, or both, as the commissioners 10,662
provide in the bond proceedings authorizing the notes. Such 10,663
notes may be additionally secured by covenants of the 10,664
commissioners to the effect that the commissioners and the state 10,665
will do such or all things necessary for the issuance of bonds or 10,666
renewal notes in appropriate amount, and apply the proceeds 10,667
thereof to the extent necessary, to make full and timely payment 10,668
233
of the debt charges on such notes as provided in such bond 10,669
proceedings. For such purposes, the commissioners may issue 10,670
bonds or renewal notes in such principal amount and upon such 10,671
terms as may be necessary to provide moneys to pay when due the 10,672
debt charges on such notes. Except as otherwise provided in 10,673
sections 1557.03 to 1557.05 of the Revised Code, notes authorized 10,674
pursuant to this division are subject to sections 1557.03 to 10,675
1557.05 of the Revised Code pertaining to other obligations. 10,676
The commissioners of the sinking fund shall set forth in 10,678
the bond proceedings authorizing the issuance of bond 10,679
anticipation notes an estimated schedule of annual principal 10,680
payments for the bonds anticipated by such notes over a period of 10,681
not to exceed the maximum period permitted by division (D) of 10,682
this section. While the notes are outstanding there shall be 10,683
deposited, as shall be provided in the bond proceedings for those 10,684
notes, from the sources authorized for payment of debt charges on 10,685
the bonds, amounts sufficient to pay the principal of the bonds 10,686
anticipated as set forth in that estimated schedule during the 10,687
time the notes are outstanding, which amounts shall be used 10,688
solely to pay the principal of those notes or of the bonds 10,689
anticipated. 10,690
(O) Refunding or renewal obligations issued pursuant to 10,692
division (M) or (N) of this section shall not be counted against 10,693
the limitation on principal amount provided for in division (B) 10,694
of this section and shall be in addition to the amount authorized 10,695
by the general assembly as provided for in division (A) of this 10,696
section, to the extent the principal amount of those obligations 10,697
does not exceed the then outstanding principal amount of the 10,698
obligations to be refunded, renewed, or retired. 10,699
(P) Obligations are lawful investments for banks, 10,701
societies for savings, savings and loan associations, deposit 10,702
guarantee associations, trust companies, trustees, fiduciaries, 10,703
insurance companies, including domestic for life and domestic not 10,704
for life, trustees or other officers having charge of sinking and 10,705
234
bond retirement or other special funds of political subdivisions 10,706
and taxing districts of this state, the commissioners of the 10,707
sinking fund, the administrator of workers' compensation, the 10,708
state teachers retirement system, the public employees retirement 10,710
system, the school employees retirement system, and the OHIO 10,711
police and firemen's disability and FIRE pension fund, 10,713
notwithstanding any other provisions of the Revised Code or rules 10,714
adopted pursuant thereto by any state agency with respect to 10,715
investments by them, and are also acceptable as security for the 10,716
deposit of public moneys.
(Q) Unless otherwise provided in any applicable bond 10,718
proceedings, moneys to the credit of or in the special funds 10,719
established by or pursuant to this section may be invested by or 10,720
on behalf of the commissioners of the sinking fund only in notes, 10,721
bonds, or other direct obligations of the United States or of any 10,722
agency or instrumentality of the United States, in obligations of 10,724
this state or any political subdivision of this state, in 10,725
certificates of deposit of any national bank located in this 10,726
state and any bank, as defined in section 1101.01 of the Revised 10,727
Code, subject to inspection by the superintendent of financial 10,728
institutions, in the Ohio subdivision's fund established pursuant 10,730
to section 135.45 of the Revised Code, in no-front-end-load money 10,731
market mutual funds consisting exclusively of direct obligations 10,732
of the United States or of an agency or instrumentality of the 10,733
United States, and in repurchase agreements, including those 10,735
issued by any fiduciary, secured by direct obligations of the 10,736
United States or an agency or instrumentality of the United 10,737
States, and in collective investment funds established in 10,738
accordance with section 1111.14 of the Revised Code and 10,740
consisting exclusively of direct obligations of the United States
or of an agency or instrumentality of the United States, 10,742
notwithstanding division (A)(1)(c) of that section. The income 10,743
from investments shall be credited to such special funds or 10,745
otherwise as the commissioners of the sinking fund determine in 10,746
235
the bond proceedings, and the investments may be sold or 10,747
exchanged at such times as the commissioners determine or 10,748
authorize.
(R) Unless otherwise provided in any applicable bond 10,750
proceedings, moneys to the credit of or in a special fund shall 10,751
be disbursed on the order of the commissioners of the sinking 10,752
fund, provided that no such order is required for the payment 10,753
from the bond service fund or other special fund when due of debt 10,754
charges or required payments under credit enhancement facilities. 10,755
(S) The commissioners of the sinking fund may covenant in 10,757
the bond proceedings, and any such covenants shall be controlling 10,758
notwithstanding any other provision of law, that the state and 10,759
the applicable officers and agencies of the state, including the 10,760
general assembly, so long as any obligations are outstanding in 10,762
accordance with their terms, shall maintain statutory authority 10,763
for and cause to be charged and collected taxes, excises, and 10,764
other receipts of the state so that the receipts to the bond 10,765
service fund shall be sufficient in amounts to meet debt charges 10,766
and for the establishment and maintenance of any reserves and 10,767
other requirements, including payment of the costs of credit
enhancement facilities, provided for in the bond proceedings. 10,768
(T) The obligations, the transfer thereof, and the 10,770
interest, other accreted amounts, and other income therefrom, 10,771
including any profit made on the sale thereof, at all times 10,772
shall be free from taxation, direct or indirect, within the 10,773
state.
Sec. 2329.66. (A) Every person who is domiciled in this 10,782
state may hold property exempt from execution, garnishment, 10,783
attachment, or sale to satisfy a judgment or order, as follows: 10,784
(1)(a) In the case of a judgment or order regarding money 10,786
owed for health care services rendered or health care supplies 10,787
provided to the person or a dependent of the person, one parcel 10,788
or item of real or personal property that the person or a 10,789
dependent of the person uses as a residence. Division (A)(1)(a) 10,790
236
of this section does not preclude, affect, or invalidate the 10,791
creation under this chapter of a judgment lien upon the exempted 10,792
property but only delays the enforcement of the lien until the 10,793
property is sold or otherwise transferred by the owner or in 10,794
accordance with other applicable laws to a person or entity other 10,795
than the surviving spouse or surviving minor children of the 10,796
judgment debtor. Every person who is domiciled in this state may 10,797
hold exempt from a judgment lien created pursuant to division 10,798
(A)(1)(a) of this section the person's interest, not to exceed 10,799
five thousand dollars, in the exempted property. 10,800
(b) In the case of all other judgments and orders, the 10,802
person's interest, not to exceed five thousand dollars, in one 10,803
parcel or item of real or personal property that the person or a 10,804
dependent of the person uses as a residence. 10,805
(2) The person's interest, not to exceed one thousand 10,807
dollars, in one motor vehicle; 10,808
(3) The person's interest, not to exceed two hundred 10,810
dollars in any particular item, in wearing apparel, beds, and 10,811
bedding, and the person's interest, not to exceed three hundred 10,812
dollars in each item, in one cooking unit and one refrigerator or 10,813
other food preservation unit; 10,814
(4)(a) The person's interest, not to exceed four hundred 10,816
dollars, in cash on hand, money due and payable, money to become 10,817
due within ninety days, tax refunds, and money on deposit with a 10,818
bank, savings and loan association, credit union, public utility, 10,819
landlord, or other person. Division (A)(4)(a) of this section 10,820
applies only in bankruptcy proceedings. This exemption may 10,821
include the portion of personal earnings that is not exempt under 10,822
division (A)(13) of this section. 10,823
(b) Subject to division (A)(4)(d) of this section, the 10,825
person's interest, not to exceed two hundred dollars in any 10,826
particular item, in household furnishings, household goods, 10,827
appliances, books, animals, crops, musical instruments, firearms, 10,828
and hunting and fishing equipment, that are held primarily for 10,829
237
the personal, family, or household use of the person; 10,830
(c) Subject to division (A)(4)(d) of this section, the 10,832
person's interest in one or more items of jewelry, not to exceed 10,833
four hundred dollars in one item of jewelry and not to exceed two 10,834
hundred dollars in every other item of jewelry; 10,835
(d) Divisions (A)(4)(b) and (c) of this section do not 10,837
include items of personal property listed in division (A)(3) of 10,838
this section. 10,839
If the person does not claim an exemption under division 10,841
(A)(1) of this section, the total exemption claimed under 10,842
division (A)(4)(b) of this section shall be added to the total 10,843
exemption claimed under division (A)(4)(c) of this section, and 10,844
the total shall not exceed two thousand dollars. If the person 10,845
claims an exemption under division (A)(1) of this section, the 10,846
total exemption claimed under division (A)(4)(b) of this section 10,847
shall be added to the total exemption claimed under division 10,848
(A)(4)(c) of this section, and the total shall not exceed one 10,849
thousand five hundred dollars. 10,850
(5) The person's interest, not to exceed an aggregate of 10,852
seven hundred fifty dollars, in all implements, professional 10,853
books, or tools of the person's profession, trade, or business, 10,854
including agriculture; 10,856
(6)(a) The person's interest in a beneficiary fund set 10,858
apart, appropriated, or paid by a benevolent association or 10,859
society, as exempted by section 2329.63 of the Revised Code; 10,860
(b) The person's interest in contracts of life or 10,862
endowment insurance or annuities, as exempted by section 3911.10 10,863
of the Revised Code; 10,864
(c) The person's interest in a policy of group insurance 10,866
or the proceeds of a policy of group insurance, as exempted by 10,867
section 3917.05 of the Revised Code; 10,868
(d) The person's interest in money, benefits, charity, 10,870
relief, or aid to be paid, provided, or rendered by a fraternal 10,871
benefit society, as exempted by section 3921.18 of the Revised 10,872
238
Code; 10,873
(e) The person's interest in the portion of benefits under 10,875
policies of sickness and accident insurance and in lump-sum 10,876
payments for dismemberment and other losses insured under those 10,877
policies, as exempted by section 3923.19 of the Revised Code. 10,878
(7) The person's professionally prescribed or medically 10,880
necessary health aids; 10,881
(8) The person's interest in a burial lot, including, but 10,883
not limited to, exemptions under section 517.09 or 1721.07 of the 10,884
Revised Code; 10,885
(9) The person's interest in the following: 10,887
(a) Moneys paid or payable for living maintenance or 10,889
rights, as exempted by section 3304.19 of the Revised Code; 10,890
(b) Workers' compensation, as exempted by section 4123.67 10,893
of the Revised Code; 10,894
(c) Unemployment compensation benefits, as exempted by 10,896
section 4141.32 of the Revised Code; 10,897
(d) Cash assistance payments under the Ohio works first 10,899
program, as exempted by section 5107.75 of the Revised Code; 10,901
(e) Disability assistance payments, as exempted by section 10,903
5115.07 of the Revised Code. 10,904
(10)(a) Except in cases in which the person was convicted 10,906
of or pleaded guilty to a violation of section 2921.41 of the 10,907
Revised Code and in which an order for the withholding of 10,908
restitution from payments was issued under division (C)(2)(b) of 10,909
that section or in cases in which an order for withholding was 10,910
issued under section 2907.15 of the Revised Code, and only to the 10,911
extent provided in the order, and except as provided in sections 10,915
3105.171, 3105.63, 3111.23, and 3113.21 of the Revised Code, the 10,917
person's right to a pension, benefit, annuity, retirement 10,918
allowance, or accumulated contributions, the person's right to a 10,919
participant account in any deferred compensation program offered 10,920
by the Ohio public employees deferred compensation board, a 10,921
government unit, or a municipal corporation, or the person's 10,922
239
other accrued or accruing rights, as exempted by section 145.56, 10,923
145.75, 146.13, 742.47, 3307.71, 3309.66, or 5505.22 of the 10,924
Revised Code, and the person's right to benefits from the firemen 10,925
and policemen's OHIO PUBLIC SAFETY OFFICERS death benefit fund; 10,927
(b) Except as provided in sections 3111.23 and 3113.21 of 10,930
the Revised Code, the person's right to receive a payment under 10,931
any pension, annuity, or similar plan or contract, not including 10,932
a payment from a stock bonus or profit-sharing plan or a payment 10,933
included in division (A)(6)(b) or (10)(a) of this section, on 10,934
account of illness, disability, death, age, or length of service, 10,935
to the extent reasonably necessary for the support of the person 10,936
and any of the person's dependents, except if all the following 10,937
apply: 10,938
(i) The plan or contract was established by or under the 10,940
auspices of an insider that employed the person at the time the 10,941
person's rights under the plan or contract arose. 10,942
(ii) The payment is on account of age or length of 10,944
service. 10,945
(iii) The plan or contract is not qualified under the 10,947
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 10,948
amended. 10,949
(c) Except for any portion of the assets that were 10,951
deposited for the purpose of evading the payment of any debt and 10,952
except as provided in sections 3111.23 and 3113.21 of the Revised 10,954
Code, the person's right in the assets held in, or to receive any 10,956
payment under, any individual retirement account, individual 10,957
retirement annuity, "Roth IRA," or education individual 10,958
retirement account that provides benefits by reason of illness, 10,960
disability, death, or age, to the extent that the assets, 10,961
payments, or benefits described in division (A)(10)(c) of this 10,962
section are attributable to any of the following: 10,963
(i) Contributions of the person that were less than or 10,966
equal to the applicable limits on deductible contributions to an 10,967
individual retirement account or individual retirement annuity in 10,968
240
the year that the contributions were made, whether or not the 10,969
person was eligible to deduct the contributions on the person's 10,970
federal tax return for the year in which the contributions were 10,971
made;
(ii) Contributions of the person that were less than or 10,974
equal to the applicable limits on contributions to a Roth IRA or 10,975
education individual retirement account in the year that the 10,976
contributions were made;
(iii) Contributions of the person that are within the 10,979
applicable limits on rollover contributions under subsections 10,980
219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 10,981
408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue 10,984
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 10,986
(d) Except for any portion of the assets that were 10,989
deposited for the purpose of evading the payment of any debt and 10,990
except as provided in sections 3111.23 and 3113.21 of the Revised 10,991
Code, the person's right in the assets held in, or to receive any 10,992
payment under, any Keogh or "H.R. 10" plan that provides benefits 10,993
by reason of illness, disability, death, or age, to the extent 10,994
reasonably necessary for the support of the person and any of the 10,995
person's dependents. 10,996
(11) The person's right to receive spousal support, child 10,998
support, an allowance, or other maintenance to the extent 10,999
reasonably necessary for the support of the person and any of the 11,000
person's dependents; 11,002
(12) The person's right to receive, or moneys received 11,004
during the preceding twelve calendar months from, any of the 11,005
following: 11,006
(a) An award of reparations under sections 2743.51 to 11,008
2743.72 of the Revised Code, to the extent exempted by division 11,009
(D) of section 2743.66 of the Revised Code; 11,010
(b) A payment on account of the wrongful death of an 11,012
individual of whom the person was a dependent on the date of the 11,013
individual's death, to the extent reasonably necessary for the 11,014
241
support of the person and any of the person's dependents; 11,015
(c) Except in cases in which the person who receives the 11,017
payment is an inmate, as defined in section 2969.21 of the 11,018
Revised Code, and in which the payment resulted from a civil 11,019
action or appeal against a government entity or employee, as 11,020
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 11,022
injury, not including pain and suffering or compensation for 11,023
actual pecuniary loss, of the person or an individual for whom 11,024
the person is a dependent;
(d) A payment in compensation for loss of future earnings 11,026
of the person or an individual of whom the person is or was a 11,027
dependent, to the extent reasonably necessary for the support of 11,028
the debtor and any of the debtor's dependents. 11,029
(13) Except as provided in sections 3111.23 and 3113.21 of 11,032
the Revised Code, personal earnings of the person owed to the
person for services in an amount equal to the greater of the 11,033
following amounts: 11,034
(a) If paid weekly, thirty times the current federal 11,036
minimum hourly wage; if paid biweekly, sixty times the current 11,037
federal minimum hourly wage; if paid semimonthly, sixty-five 11,038
times the current federal minimum hourly wage; or if paid 11,039
monthly, one hundred thirty times the current federal minimum 11,040
hourly wage that is in effect at the time the earnings are 11,041
payable, as prescribed by the "Fair Labor Standards Act of 1938," 11,042
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 11,043
(b) Seventy-five per cent of the disposable earnings owed 11,045
to the person. 11,046
(14) The person's right in specific partnership property, 11,048
as exempted by division (B)(3) of section 1775.24 of the Revised 11,049
Code; 11,050
(15) A seal and official register of a notary public, as 11,052
exempted by section 147.04 of the Revised Code; 11,053
(16) The person's interest in a tuition credit or a 11,055
242
payment under section 3334.09 of the Revised Code pursuant to a 11,056
tuition credit contract, as exempted by section 3334.15 of the 11,057
Revised Code;
(17) Any other property that is specifically exempted from 11,059
execution, attachment, garnishment, or sale by federal statutes 11,060
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 11,061
U.S.C.A. 101, as amended; 11,062
(18) The person's interest, not to exceed four hundred 11,064
dollars, in any property, except that division (A)(18) of this 11,065
section applies only in bankruptcy proceedings. 11,066
(B) As used in this section: 11,068
(1) "Disposable earnings" means net earnings after the 11,070
garnishee has made deductions required by law, excluding the 11,071
deductions ordered pursuant to section 3111.23 or 3113.21 of the 11,073
Revised Code. 11,074
(2) "Insider" means: 11,076
(a) If the person who claims an exemption is an 11,078
individual, a relative of the individual, a relative of a general 11,079
partner of the individual, a partnership in which the individual 11,080
is a general partner, a general partner of the individual, or a 11,081
corporation of which the individual is a director, officer, or in 11,082
control; 11,083
(b) If the person who claims an exemption is a 11,085
corporation, a director or officer of the corporation; a person 11,086
in control of the corporation; a partnership in which the 11,087
corporation is a general partner; a general partner of the 11,088
corporation; or a relative of a general partner, director, 11,089
officer, or person in control of the corporation; 11,090
(c) If the person who claims an exemption is a 11,092
partnership, a general partner in the partnership; a general 11,093
partner of the partnership; a person in control of the 11,094
partnership; a partnership in which the partnership is a general 11,095
partner; or a relative in, a general partner of, or a person in 11,096
control of the partnership; 11,097
243
(d) An entity or person to which or whom any of the 11,099
following applies: 11,100
(i) The entity directly or indirectly owns, controls, or 11,102
holds with power to vote, twenty per cent or more of the 11,103
outstanding voting securities of the person who claims an 11,104
exemption, unless the entity holds the securities in a fiduciary 11,105
or agency capacity without sole discretionary power to vote the 11,106
securities or holds the securities solely to secure to debt and 11,107
the entity has not in fact exercised the power to vote. 11,108
(ii) The entity is a corporation, twenty per cent or more 11,110
of whose outstanding voting securities are directly or indirectly 11,111
owned, controlled, or held with power to vote, by the person who 11,112
claims an exemption or by an entity to which division 11,113
(B)(2)(d)(i) of this section applies. 11,114
(iii) A person whose business is operated under a lease or 11,116
operating agreement by the person who claims an exemption, or a 11,117
person substantially all of whose business is operated under an 11,118
operating agreement with the person who claims an exemption. 11,119
(iv) The entity operates the business or all or 11,121
substantially all of the property of the person who claims an 11,122
exemption under a lease or operating agreement. 11,123
(e) An insider, as otherwise defined in this section, of a 11,125
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 11,126
(iv) of this section applies, as if the person or entity were a 11,127
person who claims an exemption; 11,128
(f) A managing agent of the person who claims an 11,130
exemption. 11,131
(3) "Participant account" has the same meaning as in 11,133
section 145.71 of the Revised Code. 11,134
(4) "Government unit" has the same meaning as in section 11,136
145.74 of the Revised Code. 11,137
(C) For purposes of this section, "interest" shall be 11,139
determined as follows: 11,140
(1) In bankruptcy proceedings, as of the date a petition 11,142
244
is filed with the bankruptcy court commencing a case under Title 11,143
11 of the United States Code; 11,144
(2) In all cases other than bankruptcy proceedings, as of 11,146
the date of an appraisal, if necessary under section 2329.68 of 11,147
the Revised Code, or the issuance of a writ of execution. 11,148
An interest, as determined under division (C)(1) or (2) of 11,150
this section, shall not include the amount of any lien otherwise 11,151
valid pursuant to section 2329.661 of the Revised Code. 11,152
Sec. 2907.15. (A) As used in this section: 11,161
(1) "Public retirement system" means the public employees 11,164
retirement system, state teachers retirement system, school
employees retirement system, OHIO police and firemen's disability 11,166
and FIRE pension fund, state highway patrol retirement system, or 11,168
a municipal retirement system of a municipal corporation of this 11,169
state.
(2) "Government deferred compensation program" means such 11,171
a program offered by the Ohio public employees deferred 11,173
compensation board; a municipal corporation; or A governmental 11,174
unit, as defined in section 145.74 of the Revised Code. 11,175
(3) "Deferred compensation program participant" means a 11,177
"participating employee" or "continuing member," as defined in 11,178
section 145.71 of the Revised Code, or any other public employee 11,180
who has funds in a government deferred compensation program.
(4) "Prosecutor" has the same meaning as in section 11,182
2935.01 of the Revised Code. 11,183
In any case in which a sentencing court orders restitution 11,186
to the victim under section 2929.18 of the Revised Code for a 11,187
violation of section 2907.02, 2907.03, 2907.04, or 2907.05 of the
Revised Code and in which the offender is a government deferred 11,189
compensation program participant or is a member of, or receiving 11,190
a pension, benefit, or allowance, other than a survivorship 11,192
benefit, from, a public retirement system and committed the 11,193
offense against a child, student, patient, or other person with 11,194
whom the offender had contact in the context of the offender's 11,195
245
public employment, at the request of the victim the prosecutor
shall file a motion with the sentencing court specifying the 11,197
government deferred compensation program or public retirement 11,198
system and requesting that the court issue an order requiring the 11,199
government deferred compensation program or public retirement 11,200
system to withhold the amount required as restitution from one or 11,201
more of the following: any payment to be made from a government 11,202
deferred compensation program or under a pension, annuity, 11,203
allowance, or any other benefit, other than a survivorship
benefit, that has been or is in the future granted to the 11,205
offender; from any payment of accumulated employee contributions 11,206
standing to the offender's credit with the government deferred 11,207
compensation program or public retirement system; or from any 11,208
payment of any other amounts to be paid to the offender pursuant
to Chapter 145., 742., 3307., 3309., or 5505. of the Revised Code 11,209
on withdrawal of contributions. The motion may be filed at any 11,211
time subsequent to the conviction of the offender or entry of a 11,212
guilty plea. On the filing of the motion, the clerk of the court 11,213
in which the motion is filed shall notify the offender and the 11,214
government deferred compensation program or public retirement 11,215
system, in writing, of all of the following: that the motion was 11,216
filed; that the offender will be granted a hearing on the 11,217
issuance of the requested order if the offender files a written 11,218
request for a hearing with the clerk prior to the expiration of 11,219
thirty days after the offender receives the notice; that, if a 11,220
hearing is requested, the court will schedule a hearing as soon 11,221
as possible and notify the offender and the government deferred 11,222
compensation program or public retirement system of the date, 11,223
time, and place of the hearing; that, if a hearing is conducted, 11,224
it will be limited to a consideration of whether the offender can 11,225
show good cause why the order should not be issued; that, if a 11,226
hearing is conducted, the court will not issue the order if the 11,227
court determines, based on evidence presented at the hearing by 11,228
the offender, that there is good cause for the order not to be 11,230
246
issued; that the court will issue the order if a hearing is not 11,231
requested or if a hearing is conducted but the court does not 11,232
determine, based on evidence presented at the hearing by the 11,233
offender, that there is good cause for the order not to be 11,234
issued; and that, if the order is issued, the government deferred 11,235
compensation program or public retirement system specified in the 11,236
motion will be required to withhold the amount required as 11,237
restitution from payments to the offender.
(B) In any case in which a motion requesting the issuance 11,240
of a withholding order as described in division (A) of this 11,241
section is filed, the offender may receive a hearing on the 11,242
motion by delivering a written request for a hearing to the court 11,243
prior to the expiration of thirty days after the offender's 11,244
receipt of the notice provided pursuant to division (A) of this 11,245
section. If the offender requests a hearing within the 11,247
prescribed time, the court shall schedule a hearing as soon as 11,248
possible after the request is made and notify the offender and 11,249
the government deferred compensation program or public retirement
system of the date, time, and place of the hearing. A hearing 11,250
scheduled under this division shall be limited to a consideration 11,251
of whether there is good cause, based on evidence presented by 11,252
the offender, for the requested order not to be issued. If the 11,253
court determines, based on evidence presented by the offender, 11,254
that there is good cause for the order not to be issued, the 11,255
court shall deny the motion and shall not issue the order. Good 11,257
cause for not issuing the order includes a determination by the
court that the order would severely impact the offender's ability 11,258
to support the offender's dependents. 11,259
If the offender does not request a hearing within the 11,261
prescribed time or the court conducts a hearing but does not 11,262
determine, based on evidence presented by the offender, that 11,263
there is good cause for the order not to be issued, the court 11,264
shall order the government deferred compensation program or 11,265
public retirement system, to withhold the amount required as 11,266
247
restitution from one or more of the following: any payments to 11,267
be made from a government deferred compensation program or under 11,268
a pension, annuity, allowance, or under any other benefit, other 11,269
than a survivorship benefit, that has been or is in the future 11,271
granted to the offender; from any payment of accumulated employee 11,272
contributions standing to the offender's credit with the 11,273
government deferred compensation program or public retirement
system; or from any payment of any other amounts to be paid to 11,275
the offender upon withdrawal of contributions pursuant to Chapter 11,276
145., 742., 3307., 3309., or 5505. of the Revised Code and to 11,277
continue the withholding for that purpose, in accordance with the 11,279
order, out of each payment to be made on or after the date of
issuance of the order, until further order of the court. On 11,280
receipt of an order issued under this division, the government 11,281
deferred compensation program or public retirement system shall 11,282
withhold the amount required as restitution, in accordance with 11,283
the order, from any such payments and immediately forward the 11,284
amount withheld to the clerk of the court in which the order was 11,285
issued for payment to the person to whom restitution is to be 11,286
made. The order shall not apply to any portion of payments made 11,287
from a government deferred compensation program or public
retirement system to a person other than the offender pursuant to 11,288
a previously issued domestic court order. 11,289
(C) Service of a notice required by division (A) or (B) of 11,292
this section shall be effected in the same manner as provided in 11,293
the Rules of Civil Procedure for the service of process. 11,295
(D) Upon the filing of charges under section 2907.02, 11,297
2907.03, 2907.04, or 2907.05 of the Revised Code against a person 11,299
who is a deferred compensation program participant or a member 11,300
of, or receiving a pension benefit, or allowance, other than a 11,301
survivorship benefit, from a public retirement system for an 11,302
offense against a child, student, patient, or other person with 11,303
whom the offender had contact in the context of the offender's 11,304
public employment, the prosecutor shall send written notice that 11,305
248
charges have been filed against that person to the appropriate
government deferred compensation program or public retirement 11,307
system. The notice shall specifically identify the person
charged.
Sec. 2921.41. (A) No public official or party official 11,315
shall commit any theft offense, as defined in division (K) of 11,316
section 2913.01 of the Revised Code, when either of the following 11,317
applies: 11,318
(1) The offender uses the offender's office in aid of 11,320
committing the offense or permits or assents to its use in aid of 11,321
committing the offense; 11,322
(2) The property or service involved is owned by this 11,324
state, any other state, the United States, a county, a municipal 11,325
corporation, a township, or any political subdivision, 11,326
department, or agency of any of them, is owned by a political 11,327
party, or is part of a political campaign fund. 11,328
(B) Whoever violates this section is guilty of theft in 11,330
office. Except as otherwise provided in this division, theft in 11,331
office is a felony of the fifth degree. If the value of property 11,332
or services stolen is five hundred dollars or more and is less 11,333
than five thousand dollars, theft in office is a felony of the 11,334
fourth degree. If the value of property or services stolen is 11,335
five thousand dollars or more, theft in office is a felony of the 11,336
third degree. 11,337
(C)(1) A public official or party official who is 11,339
convicted of or pleads guilty to theft in office is forever 11,340
disqualified from holding any public office, employment, or 11,341
position of trust in this state. 11,342
(2)(a) A court that imposes sentence for a violation of 11,344
this section based on conduct described in division (A)(2) of 11,345
this section shall require the public official or party official 11,346
who is convicted of or pleads guilty to the offense to make 11,347
restitution for all of the property or the service that is the 11,348
subject of the offense, in addition to the term of imprisonment 11,349
249
and any fine imposed. A court that imposes sentence for a 11,350
violation of this section based on conduct described in division 11,351
(A)(1) of this section and that determines at trial that this 11,352
state or a political subdivision of this state if the offender is 11,353
a public official, or a political party in the United States or 11,354
this state if the offender is a party official, suffered actual 11,355
loss as a result of the offense shall require the offender to 11,356
make restitution to the state, political subdivision, or 11,357
political party for all of the actual loss experienced, in 11,358
addition to the term of imprisonment and any fine imposed. 11,359
(b)(i) In any case in which a sentencing court is required 11,361
to order restitution under division (C)(2)(a) of this section and 11,362
in which the offender, at the time of the commission of the 11,363
offense or at any other time, was a member of the public 11,364
employees retirement system, the OHIO police and firemen's 11,365
disability and FIRE pension fund, the state teachers retirement 11,367
system, the school employees retirement system, or the state 11,368
highway patrol retirement system; was an electing employee, as 11,369
defined in section 3305.01 of the Revised Code, participating in 11,371
an alternative retirement plan provided pursuant to Chapter 3305. 11,373
of the Revised Code; was a participating employee or continuing 11,374
member, as defined in section 145.71 of the Revised Code, in a 11,375
deferred compensation program offered by the Ohio public 11,376
employees deferred compensation board; was an officer or employee 11,378
of a municipal corporation who was a participant in a deferred 11,379
compensation program offered by that municipal corporation; was 11,380
an officer or employee of a government unit;, as defined in 11,382
section 145.74 of the Revised Code, who was a participant in a 11,383
deferred compensation program offered by that government unit, or 11,384
was a participating employee, continuing member, or participant 11,385
in any deferred compensation program described in this division 11,386
and a member of a retirement system specified in this division or 11,387
a retirement system of a municipal corporation, the entity to 11,388
which restitution is to be made may file a motion with the 11,389
250
sentencing court specifying any retirement system, any entity 11,390
providing any benefit under an alternative retirement plan, and 11,391
any deferred compensation program of which the offender was a 11,392
member, electing employee, participating employee, continuing 11,393
member, or participant and requesting the court to issue an order 11,394
requiring the specified retirement system, the specified entity 11,395
providing the benefit under the alternative retirement plan, or 11,396
the specified deferred compensation program, or, if more than one 11,397
is specified in the motion, the applicable combination of these, 11,398
to withhold the amount required as restitution from any payment 11,400
that is to be made under a pension, annuity, or allowance, under 11,401
a participant account, as defined in section 145.71 of the 11,402
Revised Code, or under any other type of benefit, other than a 11,403
survivorship benefit, that has been or is in the future granted 11,404
to the offender, from any payment of accumulated employee 11,405
contributions standing to the offender's credit with that 11,406
retirement system, that entity providing the payment under the 11,407
alternative retirement plan, or that deferred compensation
program, or, if more than one is specified in the motion, the 11,409
applicable combination of these, and from any payment of any 11,411
other amounts to be paid to the offender upon the offender's
withdrawal of the offender's contributions pursuant to Chapter 11,412
145., 742., 3307., 3309., or 5505. of the Revised Code. A motion 11,413
described in this division may be filed at any time subsequent to 11,414
the conviction of the offender or entry of a guilty plea. Upon 11,415
the filing of the motion, the clerk of the court in which the 11,416
motion is filed shall notify the offender, the specified 11,417
retirement system, the specified entity providing the benefit 11,418
under the alternative retirement plan, or the specified deferred 11,419
compensation program, or, if more than one is specified in the 11,420
motion, the applicable combination of these, in writing, of all 11,422
of the following: that the motion was filed; that the offender 11,423
will be granted a hearing on the issuance of the requested order 11,424
if the offender files a written request for a hearing with the 11,425
251
clerk prior to the expiration of thirty days after the offender 11,426
receives the notice; that, if a hearing is requested, the court 11,427
will schedule a hearing as soon as possible and notify the 11,428
offender, any specified retirement system, any specified entity 11,429
providing any benefit under an alternative retirement plan, and 11,430
any specified deferred compensation program of the date, time, 11,431
and place of the hearing; that, if a hearing is conducted, it 11,432
will be limited only to a consideration of whether the offender 11,433
can show good cause why the requested order should not be issued; 11,434
that, if a hearing is conducted, the court will not issue the 11,435
requested order if the court determines, based on evidence 11,436
presented at the hearing by the offender, that there is good 11,437
cause for the requested order not to be issued; that the court 11,438
will issue the requested order if a hearing is not requested or 11,439
if a hearing is conducted but the court does not determine, based 11,440
on evidence presented at the hearing by the offender, that there 11,441
is good cause for the requested order not to be issued; and that, 11,442
if the requested order is issued, any retirement system, any 11,443
entity providing any benefit under an alternative retirement 11,444
plan, and any deferred compensation program specified in the 11,445
motion will be required to withhold the amount required as 11,446
restitution from payments to the offender. 11,447
(ii) In any case in which a sentencing court is required 11,449
to order restitution under division (C)(2)(a) of this section and 11,450
in which a motion requesting the issuance of a withholding order 11,451
as described in division (C)(2)(b)(i) of this section is filed, 11,452
the offender may receive a hearing on the motion by delivering a 11,453
written request for a hearing to the court prior to the 11,454
expiration of thirty days after the offender's receipt of the 11,455
notice provided pursuant to division (C)(2)(b)(i) of this 11,456
section. If a request for a hearing is made by the offender 11,457
within the prescribed time, the court shall schedule a hearing as 11,458
soon as possible after the request is made and shall notify the 11,459
offender, the specified retirement system, the specified entity 11,460
252
providing the benefit under the alternative retirement plan, or 11,461
the specified deferred compensation program, or, if more than one 11,463
is specified in the motion, the applicable combination of these, 11,465
of the date, time, and place of the hearing. A hearing scheduled 11,466
under this division shall be limited to a consideration of 11,467
whether there is good cause, based on evidence presented by the 11,468
offender, for the requested order not to be issued. If the court 11,469
determines, based on evidence presented by the offender, that 11,470
there is good cause for the order not to be issued, the court 11,471
shall deny the motion and shall not issue the requested order. 11,472
If the offender does not request a hearing within the prescribed 11,473
time or if the court conducts a hearing but does not determine, 11,474
based on evidence presented by the offender, that there is good 11,475
cause for the order not to be issued, the court shall order the 11,476
specified retirement system, the specified entity providing the 11,477
benefit under the alternative retirement plan, or the specified 11,478
deferred compensation program, or, if more than one is specified 11,479
in the motion, the applicable combination of these, to withhold 11,481
the amount required as restitution under division (C)(2)(a) of 11,482
this section from any payments to be made under a pension, 11,483
annuity, or allowance, under a participant account, as defined in 11,484
section 145.71 of the Revised Code, or under any other type of 11,485
benefit, other than a survivorship benefit, that has been or is 11,486
in the future granted to the offender, from any payment of 11,487
accumulated employee contributions standing to the offender's 11,488
credit with that retirement system, that entity providing the 11,489
benefit under the alternative retirement plan, or that deferred 11,490
compensation program, or, if more than one is specified in the 11,491
motion, the applicable combination of these, and from any payment 11,493
of any other amounts to be paid to the offender upon the 11,494
offender's withdrawal of the offender's contributions pursuant to 11,495
Chapter 145., 742., 3307., 3309., or 5505. of the Revised Code, 11,496
and to continue the withholding for that purpose, in accordance 11,497
with the order, out of each payment to be made on or after the 11,498
253
date of issuance of the order, until further order of the court. 11,499
Upon receipt of an order issued under this division, the public 11,500
employees retirement system, the OHIO police and firemen's 11,501
disability and FIRE pension fund, the state teachers retirement 11,503
system, the school employees retirement system, the state highway 11,504
patrol retirement system, a municipal corporation retirement 11,505
system, the entity providing the benefit under the alternative 11,506
retirement plan, and the deferred compensation program offered by 11,507
the Ohio public employees deferred compensation board, a 11,508
municipal corporation, or a government unit, as defined in 11,509
section 145.74 of the Revised Code, whichever are applicable, 11,510
shall withhold the amount required as restitution, in accordance 11,511
with the order, from any such payments and immediately shall 11,512
forward the amount withheld to the clerk of the court in which 11,513
the order was issued for payment to the entity to which 11,514
restitution is to be made.
(iii) Service of a notice required by division 11,516
(C)(2)(b)(i) or (ii) of this section shall be effected in the 11,517
same manner as provided in the Rules of Civil Procedure for the 11,518
service of process. 11,519
(D) Upon the filing of charges against a person under this 11,521
section, the prosecutor, as defined in section 2935.01 of the 11,522
Revised Code, who is assigned the case shall send written notice 11,523
that charges have been filed against that person to the public 11,524
employees retirement system, the OHIO police and firemen's 11,525
disability and FIRE pension fund, the state teachers retirement 11,527
system, the school employees retirement system, the state highway 11,528
patrol retirement system, the entity providing any benefit under 11,529
an alternative retirement plan, any municipal corporation 11,530
retirement system in this state, and the deferred compensation 11,531
program offered by the Ohio public employees deferred 11,532
compensation board, a municipal corporation, or a government 11,533
unit, as defined in section 145.74 of the Revised Code. The 11,534
written notice shall specifically identify the person charged. 11,535
254
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 11,544
of the Revised Code: 11,545
(1) "Obligor" means the person required to pay support 11,547
under an administrative support order. 11,548
(2) "Obligee" means the person entitled to receive the 11,550
support payments under an administrative support order. 11,551
(3) "Administrative support order" means an administrative 11,553
order for the payment of support that is issued by a child 11,554
support enforcement agency. 11,555
(4) "Support" means child support. 11,557
(5) "Personal earnings" means compensation paid or payable 11,559
for personal services, however denominated, and includes, but is 11,560
not limited to, wages, salary, commissions, bonuses, draws 11,561
against commissions, profit sharing, and vacation pay. 11,562
(6) "Financial institution" means a bank, savings and loan 11,564
association, or credit union, or a regulated investment company 11,565
or mutual fund in which a person who is required to pay support 11,566
has funds on deposit that are not exempt under the law of this 11,567
state or the United States from execution, attachment, or other 11,568
legal process. 11,569
(7) "Title IV-D case" means any case in which the child 11,571
support enforcement agency is enforcing the support order 11,572
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 11,573
2351 (1975), 42 U.S.C. 651, as amended. 11,574
(8) "Payor" means any person or entity that distributes 11,577
income to an obligor including, the obligor, if the obligor is 11,579
self-employed; an employer; an employer that is paying the 11,580
obligor's workers' compensation benefits; the public employees 11,581
retirement board; the governing entity of any municipal 11,582
retirement system; the board of trustees of the OHIO police and 11,584
firemen's disability and FIRE pension fund; the state teachers 11,585
retirement board; the school employees retirement board; the 11,587
state highway patrol retirement board; a person paying or 11,588
otherwise distributing an obligor's income; the bureau of 11,589
255
workers' compensation; or any other person or entity, except the 11,590
bureau of employment services with respect to unemployment 11,591
compensation benefits paid pursuant to Chapter 4141. of the 11,593
Revised Code.
(9) "Income" means any form of monetary payment including, 11,596
personal earnings; unemployment compensation benefits to the 11,597
extent permitted by, and in accordance with, section 2301.371 of 11,598
the Revised Code, division (D)(4) of section 4141.28 of the 11,600
Revised Code, and federal law governing the bureau of employment 11,601
services; workers' compensation payments; pensions; annuities; 11,603
allowances; retirement benefits; disability or sick pay; 11,604
insurance proceeds; lottery prize awards; federal, state, or 11,605
local government benefits to the extent that the benefits can be 11,606
withheld or deducted under the law governing the benefits; any 11,607
form of trust fund or endowment; lump-sum payments; and any other 11,608
monetary payments.
(B) A man who is presumed to be the natural father of a 11,611
child pursuant to section 3111.03 of the Revised Code assumes the 11,612
parental duty of support with respect to the child. 11,613
(C) Notwithstanding section 3109.01 of the Revised Code, a 11,615
parent's duty of support for a child shall continue beyond the 11,616
age of majority as long as the child continuously attends on a 11,617
full-time basis any recognized and accredited high school or a 11,619
court-issued child support order provides that the duty of
support continues beyond the age of majority. Except in cases in 11,620
which a child support order requires the duty of support to 11,621
continue for any period after the child reaches nineteen years of 11,622
age, the duty does not continue after the child reaches nineteen 11,623
years of age. The parental duty of support shall continue during 11,624
seasonal vacations. 11,625
A parent, guardian, or legal custodian of a child, the 11,627
person with whom the child resides, or the child support 11,628
enforcement agency of the county in which the child, parent, 11,629
guardian, or legal custodian of the child resides may file a 11,631
256
complaint pursuant to section 2151.231 of the Revised Code in the 11,632
juvenile court of that county requesting the court to order a 11,633
parent who neglects or does not assume the parental duty of 11,634
support to pay an amount for the support of the child and to 11,635
provide for the health care needs of the child and to provide for 11,636
the health care needs of the child, may contact a child support 11,637
enforcement agency for assistance in obtaining the order, or may 11,638
request an administrative officer of a child support enforcement 11,639
agency to issue an administrative order for the payment of child 11,640
support and providing for the health care needs of the child 11,641
pursuant to division (D) of this section. Upon the filing of the 11,643
complaint or the making of the request, the court shall issue an 11,644
order requiring the payment of support for the child and 11,645
providing for the health care needs of the child, pursuant to
section 2151.231 of the Revised Code, or the administrative 11,647
officer, pursuant to division (D) of this section, shall issue an 11,648
order requiring the payment of support for the child and
providing for the health care needs of the child. 11,649
A party to a request made under this division may raise the 11,651
issue of the existence or nonexistence of a parent-child 11,652
relationship between the presumed natural father and the child 11,653
unless the presumption is based on acknowledgment of paternity 11,654
that has become final pursuant to section 2151.232, 3111.211, or 11,655
5101.314 of the Revised Code. If a request is made for an
administrative order providing for support and health care needs 11,657
pursuant to division (D) of this section and the issue of the 11,659
existence or nonexistence of a parent-child relationship is
raised, the administrative officer shall treat the request as a 11,660
request made pursuant to section 3111.22 of the Revised Code and 11,661
determine the issue pursuant to that section. An administrative 11,662
order issued pursuant to division (D) of this section does not 11,664
preclude a party from requesting a determination of the issue of 11,665
the existence or nonexistence of a parent and child PARENT-CHILD 11,666
relationship pursuant to this chapter if the issue was not 11,667
257
determined with respect to the party in the proceedings conducted 11,669
pursuant to division (D) of this section or pursuant to an 11,670
acknowledgment of paternity that has become final under section 11,671
2151.232, 3111.211, or 5101.314 of the Revised Code. An order 11,672
issued pursuant to division (D) of this section shall remain 11,674
effective until a final and enforceable determination is made 11,675
pursuant to this chapter that a parent-child relationship does 11,676
not exist between the presumed natural father and the child or 11,677
until the occurrence of an event described in division (E)(4)(a) 11,678
of section 3111.23 of the Revised Code that requires the order to 11,679
be terminated.
(D) If a request is made pursuant to division (C) of this 11,681
section or division (A) of section 3111.211 of the Revised Code 11,682
for an administrative order requiring the payment of child 11,684
support and providing for the health care needs of the child, the
administrative officer shall schedule an administrative hearing 11,686
to determine, in accordance with sections 3111.23 to 3111.29 and 11,687
3113.215 of the Revised Code, the amount of child support either 11,688
parent is required to pay, the method of paying that child 11,690
support, and the method of providing for the child's health care. 11,691
The hearing shall be held not later than sixty days after the 11,692
request is made pursuant to division (A) of this section or 11,694
division (A) of section 3111.211 of the Revised Code nor earlier 11,695
than thirty days after the officer gives the mother and father of 11,696
the child notice of the action. When an administrative officer 11,697
issues an administrative order for the payment of support and 11,698
provision for the child's health care, all of the following 11,699
apply:
(1) The administrative support order shall require 11,702
periodic payments of support that may vary in amount, except 11,704
that, if it is in the best interest of the child, the 11,705
administrative officer may order a lump sum payment or the 11,706
purchase of an annuity in lieu of periodic payments of support. 11,707
(2) The administrative support order shall require the 11,709
258
parents to provide for the health care needs of the child in 11,710
accordance with section 3111.241 of the Revised Code. 11,711
The administrative support order shall include a notice 11,713
stating that the mother or the father may object to the 11,715
administrative order by bringing an action for the payment of 11,716
support and provision for the child's health care under section 11,717
2151.321 of the Revised Code in the juvenile court of the county 11,718
in which the child or the guardian or legal custodian of the 11,719
child resides, that the action may be brought no later than 11,720
thirty days after the date of the issuance of the administrative 11,721
support order, and that, if neither the mother nor the father 11,722
brings an action for the payment of support and provision for the 11,723
child's health care within that thirty-day period, the 11,725
administrative support order is final and enforceable by a court 11,726
and may be modified and enforced only as provided in sections 11,727
3111.20 to 3111.28 and 3113.21 to 3113.219 of the Revised Code. 11,729
Sec. 3113.21. (A)(1) In any action in which support is 11,738
ordered under Chapter 3115. or under section 2151.23, 2151.231, 11,739
2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 11,740
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 11,741
Revised Code, the court shall require the withholding or 11,742
deduction of income or assets of the obligor in accordance with 11,743
division (D) of this section or require the issuance of another 11,744
type of appropriate court order in accordance with division 11,745
(D)(3) or (4) or (H) of this section to ensure that withholding 11,747
or deduction from the income or assets of the obligor is 11,748
available from the commencement of the support order for the 11,750
collection of the support and any arrearages that occur. The 11,751
court shall determine the specific withholding or deduction 11,752
requirements or other appropriate requirements applicable to the 11,753
obligor under the support order in accordance with divisions (D) 11,754
and (H) of this section and section 2301.371 of the Revised Code 11,755
and shall include the specific requirements in the notices 11,756
described in divisions (A)(2) and (D) of this section or in the 11,757
259
court orders described in divisions (A)(2), (D)(3) or (4), and 11,758
(H) of this section. Any person required to comply with any 11,760
withholding or deduction requirement shall determine the manner 11,761
of withholding or deducting from the specific requirement 11,762
included in the notices described in those divisions without the 11,763
need for any amendment to the support order, and any person 11,764
required to comply with a court order described in division 11,765
(D)(3), (D)(4), or (H) of this section shall comply with the 11,767
court order without the need for any amendment to the support 11,768
order. The court shall include in any action in which support is 11,769
ordered as described in division (A)(1) of this section a general 11,770
provision that states the following:
"All child support and spousal support under this order 11,773
shall be withheld or deducted from the income or assets of the 11,775
obligor pursuant to a withholding or deduction notice or 11,776
appropriate court order issued in accordance with section 3113.21 11,777
of the Revised Code or a withdrawal directive issued pursuant to 11,778
section 3113.214 of the Revised Code and shall be forwarded to 11,779
the obligee in accordance with sections 3113.21 to 3113.213 of 11,780
the Revised Code." 11,781
(2) In any action in which support is ordered or modified 11,783
as described in division (A)(1) of this section, the court shall 11,784
determine in accordance with divisions (D) and (H) of this 11,785
section the types of withholding or deduction requirements or 11,786
other appropriate requirements that should be imposed relative to 11,787
the obligor under the support order to collect the support due 11,788
under the order. Within fifteen days after the obligor under the 11,789
support order is located subsequent to the issuance of the 11,790
support order or within fifteen days after the default under the 11,792
support order, whichever is applicable, the court or the child 11,793
support enforcement agency, as determined by agreement of the 11,794
court and the agency, shall send a notice by regular mail to each 11,795
person required to comply with a withholding or deduction 11,796
requirement. The notice shall specify the withholding or 11,797
260
deduction requirement and shall contain all of the information 11,798
set forth in division (D)(1)(b) or (2)(b) of this section that is 11,799
applicable to the requirement. If the appropriate requirement is 11,801
an order of the type described in division (D)(3), (D)(4), or (H) 11,802
of this section, the court shall issue and send a court order in 11,803
accordance with that division. The notices and court orders, and 11,804
the notices provided by the court or child support enforcement 11,805
agency that require the obligor to notify the agency of any 11,806
change in the obligor's employment status or of any other change
in the status of the obligor's assets, are final and are 11,807
enforceable by the court. When the court or agency issues a 11,808
notice, it shall provide the notice to the obligor in accordance 11,809
with division (D)(1)(c) or (D)(2)(c) of this section, whichever 11,811
is applicable, and shall include with the notice the additional 11,812
notices described in the particular division that is applicable. 11,813
(3)(a) If support is ordered or modified on or after 11,815
December 31, 1993, under Chapter 3115. or under section 2151.23, 11,816
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 11,818
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 11,819
of the Revised Code, if the court has determined in accordance 11,820
with division (A)(2) of this section the types of withholding or 11,821
deduction requirements or other appropriate requirements that 11,822
should be imposed relative to the obligor under the support order 11,823
to collect the support due under the order, if the court or a 11,824
child support enforcement agency has mailed the appropriate 11,825
notice to the person required to comply with the withholding or 11,826
deduction requirements that the court has determined should be 11,827
imposed or the court has issued and sent a court order described 11,828
in division (D)(3), (D)(4), or (H) of this section containing the 11,830
other appropriate requirements that the court determined should 11,831
be imposed, and if the child support enforcement agency is 11,832
notified or otherwise determines that the employment status or 11,833
other circumstances of the obligor have changed and that it is 11,834
more appropriate to impose another type of or an additional 11,835
261
withholding or deduction requirement or another type of or 11,836
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 11,837
3113.212 of the Revised Code. The notices and court orders 11,838
issued under this division and section 3113.212 of the Revised 11,839
Code, and the notices provided by the court or child support 11,840
enforcement agency that require the obligor to notify the agency 11,841
of any change in the obligor's employment status or of any other 11,842
change in the status of the obligor's assets, are final and are 11,844
enforceable by the court.
(b) All orders for support issued prior to December 31, 11,847
1993, under Chapter 3115. or under section 2151.23, 2151.231, 11,848
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 11,850
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 11,851
Code that have not been modified or subject to division (B) of 11,853
this section regarding a default under the order on or after that 11,854
date shall be considered to contain the general provision 11,855
described in division (A)(1) of this section and shall be 11,856
enforced and modified in the same manner as an order for support 11,857
issued on or after December 31, 1993.
(4) The department of human services shall adopt standard 11,859
forms for the support withholding and deduction notices that are 11,860
prescribed by divisions (A)(1) to (3) and (B) of this section. 11,861
All courts and child support enforcement agencies shall use the 11,862
forms in issuing withholding and deduction notices in compliance 11,863
with this section. 11,864
(B)(1)(a) In any action in which support is ordered under 11,867
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 11,868
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 11,870
3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, 11,871
or 3113.31 of the Revised Code and in which there has been a 11,872
default under the order, the court shall comply with divisions 11,873
(B)(1) to (6) of this section. 11,874
If the support was ordered prior to December 31, 1993, or 11,876
262
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 11,878
Code, the court that issued the order, or in the case of an order 11,880
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 11,881
Code, the common pleas court of the county in which the child 11,882
support enforcement agency that issued the order is located, 11,883
shall reissue the support order under which there has been a 11,884
default and shall include in the reissued order a general 11,885
provision as described in this division requiring the withholding 11,886
or deduction of income or assets of the obligor in accordance 11,888
with division (D) of this section or requiring the issuance of a 11,889
court order containing another type of appropriate requirement in 11,890
accordance with division (D)(3), (D)(4), or (H) of this section 11,892
to ensure that withholding or deduction from the income or assets 11,894
is available for the collection of current support and any 11,896
arrearages that occur. If the support was ordered pursuant to
section 3111.20, 3111.211, or 3111.22 of the Revised Code and the 11,898
support order includes a general provision similar to the one 11,899
described in this division, the court shall replace the similar 11,900
general provision with the general provision described in this 11,901
division. Except for the inclusion or replacement of the general 11,902
provision, the provisions of the reissued order required under 11,903
this division shall be identical to those of the support order 11,904
under which there has been a default. 11,905
When support has been ordered under any chapter or section 11,908
described in this division, the child support enforcement agency 11,909
shall initiate support withholding when the order is in default. 11,910
Immediately after the identification of a default under the 11,911
support order, the child support enforcement agency shall conduct 11,913
the investigation described in division (B)(1)(b) of this 11,914
section. Additionally, within fifteen calendar days after the 11,915
identification of a default under the support order, the child 11,916
support enforcement agency shall investigate the default and, if 11,917
it is before July 1, 1999, send advance notice to the obligor. 11,918
On and after that date, the division of child support in the 11,920
263
department of human services shall send the advance notice to the 11,921
obligor. The advance notice shall include a notice describing 11,922
the actions that may be taken against the obligor pursuant to 11,923
sections 2301.353, 2301.373, 2301.374, 2301.375, 2301.42 to 11,924
2301.45, and 3113.214 of the Revised Code if the court or agency 11,925
makes a final and enforceable determination that the obligor is 11,926
in default pursuant to this division. If the location of the 11,928
obligor is unknown at the time of the identification of a default 11,929
under the support order, the division shall send the advance 11,930
notice to the obligor within fifteen days after the agency 11,931
locates the obligor. The general provision for the withholding 11,932
or deduction of income or assets to be included in the reissued 11,934
support order specifically shall include the following statement: 11,935
"All child support and spousal support under this order 11,938
shall be withheld or deducted from the income or assets of the 11,940
obligor pursuant to a withholding or deduction notice or 11,941
appropriate court order issued in accordance with section 3113.21 11,942
of the Revised Code or a withdrawal directive issued pursuant to
section 3113.214 of the Revised Code and shall be forwarded to 11,943
the obligee in accordance with sections 3113.21 to 3113.213 of 11,944
the Revised Code." 11,945
(b) After the identification of a default under a support 11,947
order as described in division (B)(1)(a) of this section, the 11,948
child support enforcement agency immediately shall conduct an 11,949
investigation to determine the employment status of the obligor, 11,950
the obligor's social security number, the name and business 11,951
address of the obligor's employer, whether the obligor is in 11,952
default under a support order, the amount of any arrearages, and 11,953
any other information necessary to enable the court or agency to 11,954
impose any withholding or deduction requirements and issue the 11,955
related notices described in division (D) of this section or to 11,956
issue any court orders described in division (D)(3) or (4) of 11,958
this section. The agency also shall conduct an investigation 11,959
under this division when required by division (C)(1)(a) or (b) of 11,960
264
this section, shall complete the investigation within twenty days 11,961
after the obligor or obligee files the motion with the court 11,962
under division (C)(1)(a) of this section or the court orders the 11,963
investigation under division (C)(1)(b) of this section. 11,964
(2) An advance notice to an obligor required by division 11,966
(B)(1) of this section shall contain all of the following: 11,967
(a) A statement of the date on which the advance notice is 11,969
sent, the amount of arrearages owed by the obligor as determined 11,970
by the court or the child support enforcement agency, the types 11,971
of withholding or deduction requirements and related notices 11,972
described in division (D) of this section or the types of court 11,973
orders described in division (D)(3), (D)(4), or (H) of this 11,975
section that will be issued to pay support and any arrearages, 11,976
and the amount that will be withheld or deducted pursuant to 11,977
those requirements; 11,978
(b) A statement that any notice for the withholding or 11,980
deduction of an amount from income or assets apply to all current 11,982
and subsequent payors of the obligor and financial institutions 11,984
in which the obligor has an account and that any withholding or 11,985
deduction requirement and related notice described in division 11,986
(D) of this section or any court order described in division 11,987
(D)(3), (D)(4), or (H) of this section that is issued will not be 11,989
discontinued solely because the obligor pays any arrearages; 11,990
(c) An explanation of the administrative and court action 11,992
that will take place if the obligor contests the inclusion of any 11,993
of the provisions; 11,994
(d) A statement that the contents of the advance notice 11,996
are final and are enforceable by the court unless the obligor 11,997
files with the child support enforcement agency, within seven 11,998
days after the date on which the advance notice is sent, a 11,999
written request for an administrative hearing to determine if a 12,000
mistake of fact was made in the notice. 12,001
(3) If the obligor requests a hearing regarding the 12,003
advance notice in accordance with division (B)(2)(d) of this 12,004
265
section, the child support enforcement agency shall conduct an 12,005
administrative hearing no later than ten days after the date on 12,006
which the obligor files the request for the hearing. No later 12,007
than five days before the date on which the hearing is to be 12,008
conducted, the agency shall send the obligor and the obligee 12,009
written notice of the date, time, place, and purpose of the 12,010
hearing. The notice to the obligor and obligee also shall 12,011
indicate that the obligor may present testimony and evidence at 12,012
the hearing only in regard to the issue of whether a mistake of 12,013
fact was made in the advance notice. 12,014
At the hearing, the child support enforcement agency shall 12,016
determine whether a mistake of fact was made in the advance 12,017
notice. If it determines that a mistake of fact was made, the 12,018
agency shall determine the provisions that should be changed and 12,019
included in a corrected notice and shall correct the advance 12,020
notice accordingly. The agency shall send its determinations to 12,021
the obligor. The agency's determinations are final and are 12,022
enforceable by the court unless, within seven days after the 12,023
agency makes its determinations, the obligor files a written 12,024
motion with the court for a court hearing to determine if a 12,025
mistake of fact still exists in the advance notice or corrected 12,026
advance notice. 12,027
(4) If, within seven days after the agency makes its 12,029
determinations under division (B)(3) of this section, the obligor 12,030
files a written motion for a court hearing to determine if a 12,031
mistake of fact still exists in the advance notice or the 12,032
corrected advance notice, the court shall hold a hearing on the 12,033
request as soon as possible, but no later than ten days, after 12,034
the request is filed. If the obligor requests a court hearing, 12,035
no later than five days before the date on which the court 12,036
hearing is to be held, the court shall send the obligor and the 12,037
obligee written notice by ordinary mail of the date, time, place, 12,038
and purpose of the court hearing. The hearing shall be limited 12,039
to a determination of whether there is a mistake of fact in the 12,040
266
advance notice or the corrected advance notice. 12,041
If, at a hearing conducted under this division, the court 12,043
detects a mistake of fact in the advance notice or the corrected 12,044
advance notice, it immediately shall correct the notice. 12,045
(5) Upon exhaustion of all rights of the obligor to 12,047
contest the withholding or deduction on the basis of a mistake of 12,048
fact and no later than the expiration of forty-five days after 12,049
the issuance of the advance notice under division (B)(1) of this 12,050
section, the court or child support enforcement agency shall 12,051
issue one or more notices requiring withholding or deduction of 12,052
income or assets of the obligor in accordance with divisions 12,054
(A)(2) and (D) of this section, or the court shall issue one or 12,055
more court orders imposing other appropriate requirements in 12,056
accordance with division (A)(2) and division (D)(3), (D)(4), or 12,058
(H) of this section. Thereafter, section 3113.212 of the Revised 12,059
Code applies in relation to the issuance of the notices and court 12,060
orders. The notices and court orders issued under this division 12,061
or section 3113.212 of the Revised Code are final and are 12,062
enforceable by the court. The court or agency shall send to the 12,063
obligor by ordinary mail a copy of the withholding or deduction 12,064
notice, in accordance with division (D) of this section. The 12,065
failure of the court or agency to give the notice required by 12,066
this division does not affect the ability of any court to issue 12,067
any notice or order under this section or any other section of 12,068
the Revised Code for the payment of support, does not provide any 12,069
defense to any notice or order for the payment of support that is 12,070
issued under this section or any other section of the Revised 12,071
Code, and does not affect any obligation to pay support. 12,072
(6) The department of human services shall adopt standard 12,074
forms for the advance notice prescribed by divisions (B)(1) to 12,075
(5) of this section. All courts and child support enforcement 12,076
agencies shall use those forms, and the support withholding and 12,077
deduction notice forms adopted under division (A)(4) of this 12,078
section, in complying with this section. 12,079
267
(C)(1) In any action in which support is ordered under 12,081
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 12,082
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 12,084
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 12,086
Code, all of the following apply:
(a) The obligor or obligee under the order may file a 12,088
motion with the court that issued the order requesting the 12,089
issuance of one or more withholding or deduction notices as 12,090
described in division (D) of this section to pay the support due 12,091
under the order. The motion may be filed at any time after the 12,092
support order is issued. Upon the filing of a motion pursuant to 12,093
this division, the child support enforcement agency immediately 12,094
shall conduct, and shall complete within twenty days after the 12,095
motion is filed, an investigation in accordance with division 12,096
(B)(1)(b) of this section. Upon the completion of the 12,097
investigation and the filing of the agency's report under 12,098
division (B)(1)(b) of this section, the court shall issue one or 12,099
more appropriate orders described in division (D) of this 12,100
section. 12,101
(b) If any proceedings involving the support order are 12,103
commenced in the court and if the court has not issued any orders 12,104
under division (D) of this section as it existed prior to 12,106
December 31, 1993, with respect to the support order, if the 12,107
court determines that any orders issued under division (D) of 12,108
this section as it existed prior to December 31, 1993, no longer 12,110
are appropriate, if the court on or after December 31, 1993, has 12,112
not modified or reissued the support order under division (A) or 12,114
(B) of this section and issued any notices under division (D) or 12,115
court orders under division (D)(3) or (4) of this section, or if 12,117
the court on or after December 31, 1993, has modified or reissued 12,119
the support order under division (A) or (B) of this section and 12,120
issued one or more notices under division (D) or one or more 12,121
court orders under division (D)(3) or (4) of this section but 12,123
determines that the notices or court orders no longer are 12,124
268
appropriate, the court, prior to or during any hearings held with 12,125
respect to the proceedings and prior to the conclusion of the 12,126
proceedings, shall order the child support enforcement agency to 12,127
conduct an investigation pursuant to division (B)(1)(b) of this 12,128
section. Upon the filing of the findings of the agency following 12,129
the investigation, the court, as necessary, shall issue one or 12,130
more notices described in division (D) or one or more court 12,131
orders described in division (D)(3) or (4) of this section or 12,133
modify any notices previously issued under division (D) or any 12,134
court orders previously issued under division (D)(3) or (4) of 12,136
this section.
(c)(i) If a child support enforcement agency, in 12,138
accordance with section 3113.216 of the Revised Code, requests 12,139
the court to issue a revised child support order in accordance 12,140
with a revised amount of child support calculated by the agency, 12,141
the court shall proceed as described in this division. If 12,142
neither the obligor nor the obligee requests a court hearing on 12,143
the revised amount of child support, the court shall issue a 12,144
revised child support order requiring the obligor to pay the 12,145
revised amount of child support calculated by the agency. 12,146
However, if the obligor or the obligee requests a court hearing 12,147
on the revised amount of child support calculated by the agency, 12,148
the court, in accordance with division (C)(1)(c)(ii) of this 12,149
section, shall schedule and conduct a hearing to determine if the 12,150
revised amount of child support is the appropriate amount and if 12,151
the amount of child support being paid under the child support 12,152
order otherwise should be revised. 12,153
(ii) If the court is required to schedule and conduct a 12,155
hearing pursuant to division (C)(1)(c)(i) of this section, the 12,156
court shall give the obligor, obligee, and agency at least thirty 12,157
days' notice of the date, time, and location of the hearing; 12,158
order the obligor to provide the court with a copy of the 12,159
obligor's federal income tax return from the previous year, a 12,160
copy of all pay stubs obtained by the obligor within the 12,161
269
preceding six months, a copy of all other records evidencing the 12,163
receipt of any other salary, wages, or compensation by the
obligor within the preceding six months, a list of the group 12,164
health insurance and health care policies, contracts, and plans 12,165
available to the obligor and their costs, and the current health 12,166
insurance or health care policy, contract, or plan under which 12,167
the obligor is enrolled and its cost, if the obligor failed to 12,168
provide any of those documents to the agency, and order the 12,169
obligee to provide the court with a copy of the obligee's federal 12,170
income tax return from the previous year, a copy of all pay stubs 12,171
obtained by the obligee within the preceding six months, a copy 12,173
of all other records evidencing the receipt of any other salary, 12,174
wages, or compensation by the obligee within the preceding six 12,175
months, a list of the group health insurance and health care
policies, contracts, and plans available to the obligee and their 12,176
costs, and the current health insurance or health care policy, 12,177
contract, or plan under which the obligee is enrolled and its 12,178
cost, if the obligee failed to provide any of those documents to 12,180
the agency; give the obligor and the obligee notice that any 12,181
willful failure to comply with that court order is contempt of 12,182
court and, upon a finding by the court that the party is in 12,183
contempt of court, the court and the agency will take any action 12,184
necessary to obtain the information or make any reasonable 12,185
assumptions necessary with respect to the information the person 12,187
in contempt of court did not provide to ensure a fair and
equitable review of the child support order; issue a revised 12,189
child support order requiring the obligor to pay the revised 12,190
amount of child support calculated by the agency, if the court 12,191
determines at the hearing that the revised amount of child 12,192
support calculated by the agency is the appropriate amount; and 12,193
determine the appropriate amount of child support and, if 12,194
necessary, issue a revised child support order requiring the 12,195
obligor to pay the amount of child support determined by the 12,196
court, if the court determines that the revised amount of child 12,197
270
support calculated by the agency is not the appropriate amount. 12,198
(iii) In determining, at a hearing conducted under 12,200
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 12,201
amount of child support to be paid by the obligor, the court 12,202
shall consider, in addition to all other factors required by law 12,203
to be considered, the appropriate person, whether it is the 12,204
obligor, obligee, or both, to be required in accordance with 12,205
section 3113.217 of the Revised Code to provide health insurance 12,207
coverage for the children specified in the order, and the cost of 12,208
health insurance which the obligor, the obligee, or both have 12,209
been ordered in accordance with section 3113.217 of the Revised 12,210
Code to obtain for the children specified in the order. 12,211
(d)(i) An obligee under a child support order may file a 12,214
motion with the court that issued the order requesting the court 12,215
to modify the order to require the obligor to obtain health 12,216
insurance coverage for the children who are the subject of the 12,217
order, and an obligor under a child support order may file a 12,218
motion with the court that issued the order requesting the court 12,219
to modify the order to require the obligee to obtain health 12,220
insurance coverage for those children. Upon the filing of such a 12,221
motion, the court shall order the child support enforcement 12,222
agency to conduct an investigation to determine whether the 12,223
obligor or obligee has satisfactory health insurance coverage for 12,224
the children. Upon completion of its investigation, the agency 12,225
shall inform the court, in writing, of its determination. If the 12,226
court determines that neither the obligor nor the obligee has 12,227
satisfactory health insurance coverage for the children, it shall 12,228
modify the child support order in accordance with section 12,230
3113.217 of the Revised Code.
(ii) An obligor or obligee under a child support order may 12,233
file a motion with the court that issued the order requesting the 12,234
court to modify the amount of child support required to be paid 12,235
under the order because that amount does not adequately cover the 12,236
medical needs of the child. Upon the filing of such a motion, 12,237
271
the court shall determine whether the amount of child support 12,238
required to be paid under the order adequately covers the medical 12,239
needs of the child and whether to modify the order, in accordance 12,240
with division (B)(4) of section 3113.215 of the Revised Code. 12,241
(e) Whenever a court modifies, reviews, or otherwise 12,243
reconsiders a child support order, it may reconsider which parent 12,244
may claim the children who are the subject of the child support 12,245
order as dependents for federal income tax purposes as set forth 12,246
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 12,247
2085, 26 U.S.C. 1, as amended, and shall issue its determination 12,248
on this issue as part of the child support order. The court in 12,249
its order may permit the parent who is not the residential parent 12,250
and legal custodian to claim the children as dependents for 12,251
federal income tax purposes only if the payments for child 12,252
support are current in full as ordered by the court for the year 12,253
in which the children will be claimed as dependents. If the 12,254
court determines that the parent who is not the residential 12,255
parent and legal custodian may claim the children as dependents 12,256
for federal income tax purposes, it shall order the residential 12,257
parent to take whatever action is necessary pursuant to section 12,258
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 12,259
U.S.C. 1, as amended, to enable the parent who is not the 12,260
residential parent and legal custodian to claim the children as 12,261
dependents for federal income tax purposes in accordance with the 12,262
order of the court. Any willful failure of the residential 12,263
parent to comply with the order of the court is contempt of 12,264
court. 12,265
(f) When issuing or modifying a child support order, the 12,268
court shall include in the order all of the requirements, 12,269
specifications, and statements described in division (B) of 12,270
section 3113.218 of the Revised Code. If the obligor or obligee 12,271
does not request a court hearing on the revised amount of child 12,272
support determined by the agency and filed with the court 12,273
pursuant to section 3113.216 of the Revised Code and the court 12,275
272
modifies the order to include the revised amount pursuant to 12,276
division (C)(1)(c)(i) of this section, the modification shall 12,278
relate back to the first day of the month following the date 12,279
certain on which the review of the child support order began
pursuant to division (C)(1)(a) of section 3113.216 of the Revised 12,280
Code. If the obligor or obligee requests a court hearing on the 12,281
revised amount of child support pursuant to this section and 12,282
section 3113.216 of the Revised Code and the court, after 12,284
conducting a hearing, modifies the child support amount under the 12,285
order, the modification shall relate back to the first day of the 12,287
month following the date certain on which the review of the child 12,288
support order began pursuant to division (C)(1)(A)(a) of section 12,289
3113.216 of the Revised Code. 12,290
(2) In any action in which a support order is issued under 12,292
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 12,294
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 12,295
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 12,296
Code, the court issuing the order also shall conduct a hearing, 12,297
prior to or at the time of the issuance of the support order, to 12,298
determine the employment status of the obligor, the obligor's 12,299
social security number, the name and business address of the 12,300
obligor's employer, and any other information necessary to enable 12,301
the court or a child support enforcement agency to issue any 12,302
withholding or deduction notice described in division (D) of this 12,303
section or for the court to issue a court order described in 12,304
division (D)(3) or (4) of this section. The court, prior to the 12,306
hearing, shall give the obligor notice of the hearing that shall 12,308
include the date on which the notice is given and notice that the 12,309
obligor is subject to a requirement for the withholding of a 12,310
specified amount from income if employed and to one or more other 12,311
types of withholding or deduction requirements described in 12,312
division (D) or one or more types of court orders described in 12,313
division (D)(3) or (4) of this section and that the obligor may 12,315
present evidence and testimony at the hearing to prove that any 12,316
273
of the requirements would not be proper because of a mistake of 12,317
fact. 12,318
The court or child support enforcement agency, immediately 12,320
upon the court's completion of the hearing, shall issue one or 12,321
more of the types of notices described in division (D) of this 12,322
section imposing a withholding or deduction requirement, or the 12,323
court shall issue one or more types of court orders described in 12,324
division (D)(3) or (4) of this section. 12,325
(D) If a court or child support enforcement agency is 12,327
required under division (A), (B), or (C) of this section or any 12,328
other section of the Revised Code to issue one or more 12,329
withholding or deduction notices described in this division or 12,330
court orders described in division (D)(3) or (4) of this section, 12,332
the court shall issue one or more of the following types of 12,333
notices or court orders, or the agency shall issue one or more of 12,334
the following types of notices to pay the support required under 12,335
the support order in question and also, if required by any of 12,336
those divisions, any other section of the Revised Code, or the 12,337
court, to pay any arrearages: 12,338
(1)(a) If the court or the child support enforcement 12,340
agency determines that the obligor is receiving income from a 12,342
payor, the court or agency shall require the obligor's payor to 12,343
withhold from the obligor's income a specified amount for support 12,346
in satisfaction of the support order, to begin the withholding no 12,347
later than fourteen working days following the date the notice 12,349
was mailed to the employer under divisions (A)(2) or (B) and 12,350
(D)(1)(b) of this section or, if the payor is an employer, no 12,352
later than the first pay period that occurs after fourteen 12,353
working days following the date the notice was mailed, to send 12,354
the amount withheld to the division of child support in the 12,356
department of human services pursuant to section 5101.325 of the 12,359
Revised Code, to send that amount to the division immediately but 12,361
not later than seven days after the date the obligor is paid, and 12,362
to continue the withholding at intervals specified in the notice 12,363
274
until further notice from the court or child support enforcement 12,364
agency. To the extent possible, the amount specified in the 12,365
notice to be withheld shall satisfy the amount ordered for 12,366
support in the support order plus any arrearages that may be owed 12,367
by the obligor under any prior support order that pertained to 12,368
the same child or spouse, notwithstanding any applicable 12,369
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, and 12,371
2716.05 of the Revised Code. However, in no case shall the sum 12,373
of the amount specified in the notice to be withheld and any fee 12,374
withheld by the payor as a charge for its services exceed the 12,376
maximum amount permitted under section 303(b) of the "Consumer 12,377
Credit Protection Act," 15 U.S.C. 1673(b). 12,378
(b) If the court or agency imposes a withholding 12,380
requirement under division (D)(1)(a) of this section, it, within 12,381
the applicable period of time specified in division (A), (B), or 12,382
(C) of this section, shall send to the obligor's payor by regular 12,385
mail a notice that contains all of the information set forth in 12,386
divisions (D)(1)(b)(i) to (xi) of this section. The notice is 12,387
final and is enforceable by the court. The notice shall contain 12,388
all of the following:
(i) The amount to be withheld from the obligor's income 12,390
and a statement that the amount actually withheld for support and 12,392
other purposes, including the fee described in division 12,393
(D)(1)(b)(xi) of this section, shall not be in excess of the 12,394
maximum amounts permitted under section 303(b) of the "Consumer 12,395
Credit Protection Act," 15 U.S.C. 1673(b); 12,396
(ii) A statement that the payor is required to send the 12,399
amount withheld to the division of child support immediately, but 12,401
not later than seven working days, after the obligor is paid and 12,403
is required to report to the agency the date on which the amount 12,404
was withheld from the obligor's income; 12,405
(iii) A statement that the withholding is binding upon the 12,407
payor until further notice from the agency; 12,408
(iv) A statement that if the payor is an employer, the 12,411
275
payor is subject to a fine to be determined under the law of this 12,412
state for discharging the obligor from employment, refusing to 12,413
employ the obligor, or taking any disciplinary action against the 12,414
obligor because of the withholding requirement; 12,415
(v) A statement that, if the payor fails to withhold 12,417
income in accordance with the provisions of the notice, the payor 12,419
is liable for the accumulated amount the payor should have 12,421
withheld from the obligor's income;
(vi) A statement that the withholding in accordance with 12,423
the notice and under the provisions of this section has priority 12,424
over any other legal process under the law of this state against 12,425
the same income; 12,426
(vii) The date on which the notice was mailed and a 12,428
statement that the payor is required to implement the withholding 12,430
no later than fourteen working days following the date the notice 12,431
was mailed or, if the payor is an employer, no later than the 12,432
first pay period that occurs after fourteen working days 12,433
following the date the notice was mailed and is required to 12,434
continue the withholding at the intervals specified in the 12,435
notice;
(viii) A requirement that the payor promptly notify the 12,437
child support enforcement agency, in writing, within ten working 12,438
days after the date of any situation that occurs including, 12,440
termination of employment, layoff of the obligor from employment, 12,441
any leave of absence of the obligor from employment without pay, 12,442
termination of workers' compensation benefits, or termination of 12,443
any pension, annuity, allowance, or retirement benefit, in which 12,445
the payor ceases to pay income in an amount sufficient to comply 12,448
with the order to the obligor, provide the agency with the 12,449
obligor's last known address, notify the agency of any new
employer or income source, if known, and provide the agency with 12,451
any new employer's or income source's name, address, and 12,452
telephone number, if known; 12,453
(ix) A requirement that, if the payor is an employer, 12,456
276
identify in the notification given under division (D)(1)(b)(viii) 12,457
of this section any types of benefits other than personal 12,458
earnings that the obligor is receiving or is eligible to receive 12,459
as a benefit of employment or as a result of the obligor's 12,460
termination of employment, including, but not limited to, 12,461
unemployment compensation, workers' compensation benefits, 12,462
severance pay, sick leave, lump-sum payments of retirement 12,463
benefits or contributions, and bonuses or profit-sharing payments 12,464
or distributions, and the amount of such benefits, and include in 12,465
the notification the obligor's last known address and telephone 12,466
number, date of birth, social security number, and court case 12,467
number and, if known, the name and business address of any new 12,468
employer of the obligor;
(x) A requirement that, no later than the earlier of 12,470
forty-five days before the lump-sum payment is to be made or, if 12,471
the obligor's right to the lump-sum payment is determined less 12,472
than forty-five days before it is to be made, the date on which 12,473
that determination is made, the payor notify the child support 12,475
enforcement agency of any lump-sum payments of any kind of one 12,477
hundred fifty dollars or more that are to be paid to the obligor, 12,478
hold the lump-sum payments of one hundred fifty dollars or more 12,480
for thirty days after the date on which the lump-sum payments 12,481
otherwise would have been paid to the obligor and, upon order of 12,483
the court, pay any specified amount of the lump-sum payment to 12,484
the division of child support.;
(xi) A statement that, in addition to the amount withheld 12,486
for support, the payor may withhold a fee from the obligor's 12,488
income as a charge for its services in complying with the notice 12,491
and a specification of the amount that may be withheld.
(c) The court or agency shall send the notice described in 12,493
division (D)(1)(b) of this section to the obligor and shall 12,494
attach to the notice an additional notice requiring the obligor 12,495
immediately to notify the child support enforcement agency, in 12,496
writing, of any change in the obligor's income source and of the 12,497
277
availability of any other sources of income that can be the 12,499
subject of any withholding or deduction requirement described in 12,500
division (D) of this section. The court or agency shall serve 12,501
the notices upon the obligor at the same time as service of the 12,502
support order or, if the support order previously has been 12,503
issued, shall send the notices to the obligor by regular mail at 12,504
the last known address at the same time that it sends the notice 12,505
described in division (D)(1)(b) of this section to the payor. 12,506
The notification required of the obligor shall include a 12,507
description of the nature of any new employment or income source, 12,508
the name, business address, and telephone number of any new 12,509
employer or income source, and any other information reasonably 12,511
required by the court. No obligor shall fail to give the 12,512
notification required by division (D)(1)(c) of this section. 12,513
(2)(a) If the court or child support enforcement agency 12,515
determines that the obligor has funds on deposit in any account 12,516
in a financial institution under the jurisdiction of the court, 12,517
the court or agency may require any financial institution in 12,518
which the obligor's funds are on deposit to deduct from the 12,519
obligor's account a specified amount for support in satisfaction 12,520
of the support order, to begin the deduction no later than 12,521
fourteen working days following the date the notice was mailed to 12,522
the financial institution under divisions (A)(2) or (B) and 12,523
(D)(2)(b) of this section, to send the amount deducted to the 12,525
division of child SUPPORT in the department of human services 12,526
pursuant to section 5101.325 of the Revised Code, to send that 12,528
amount to the division immediately but not later than seven 12,530
working days after the date the latest deduction was made, to 12,531
provide the date on which the amount was deducted, and to 12,532
continue the deduction at intervals specified in the notice until 12,533
further notice from the court or child support enforcement 12,534
agency. To the extent possible, the amount specified in the 12,536
notice to be deducted shall satisfy the amount ordered for 12,537
support in the support order plus any arrearages that may be owed 12,538
278
by the obligor under any prior support order that pertained to 12,539
the same child or spouse, notwithstanding the limitations of 12,540
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 12,541
(b) If the court or agency imposes a withholding 12,543
requirement under division (D)(2)(a) of this section, it, within 12,545
the applicable period of time specified in division (A), (B), or 12,546
(C) of this section, shall send to the financial institution by 12,547
regular mail a notice that contains all of the information set 12,548
forth in divisions (D)(2)(b)(i) to (viii) of this section. The 12,550
notice is final and is enforceable by the court. The notice 12,551
shall contain all of the following: 12,552
(i) The amount to be deducted from the obligor's account; 12,554
(ii) A statement that the financial institution is 12,556
required to send the amount deducted to the division of child 12,557
support immediately, but not later than seven working days, after 12,560
the date the last deduction was made and is required to report to 12,561
the child support enforcement agency the date on which the amount 12,562
was deducted from the obligor's account; 12,563
(iii) A statement that the deduction is binding upon the 12,565
financial institution until further notice from the court or 12,566
agency; 12,567
(iv) A statement that the withholding in accordance with 12,569
the notice and under the provisions of this section has priority 12,570
over any other legal process under the law of this state against 12,571
the same account; 12,572
(v) The date on which the notice was mailed and a 12,574
statement that the financial institution is required to implement 12,575
the deduction no later than fourteen working days following the 12,576
date the notice was mailed and is required to continue the 12,577
deduction at the intervals specified in the notice; 12,578
(vi) A requirement that the financial institution promptly 12,580
notify the child support enforcement agency, in writing, within 12,581
ten days after the date of any termination of the account from 12,582
which the deduction is being made and notify the agency, in 12,583
279
writing, of the opening of a new account at that financial 12,584
institution, the account number of the new account, the name of 12,585
any other known financial institutions in which the obligor has 12,586
any accounts, and the numbers of those accounts; 12,587
(vii) A requirement that the financial institution include 12,589
in all notices the obligor's last known mailing address, last 12,590
known residence address, and social security number; 12,591
(viii) A statement that, in addition to the amount 12,593
deducted for support, the financial institution may deduct a fee 12,594
from the obligor's account as a charge for its services in 12,595
complying with the notice and a specification of the amount that 12,596
may be deducted. 12,597
(c) The court or agency shall send the notice described in 12,599
division (D)(2)(b) of this section to the obligor and shall 12,600
attach to the notice an additional notice requiring the obligor 12,601
immediately to notify the child support enforcement agency, in 12,602
writing, of any change in the status of the account from which 12,603
the amount of support is being deducted or the opening of a new 12,604
account with any financial institution, of commencement of 12,605
employment, including self-employment, or of the availability of 12,606
any other sources of income that can be the subject of any 12,607
withholding or deduction requirement described in division (D) of 12,608
this section. The court or agency shall serve the notices upon 12,609
the obligor at the same time as service of the support order or, 12,610
if the support order previously has been issued, shall send the 12,611
notices to the obligor by regular mail at the last known address 12,612
at the same time that it sends the notice described in division 12,613
(D)(2)(b) of this section to the financial institution. The 12,615
additional notice also shall specify that upon commencement of 12,617
employment, the obligor may request the court or child support 12,618
enforcement agency to cancel its financial institution account 12,619
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 12,621
accordance with division (D)(1) of this section and that upon
280
commencement of employment the court may cancel its financial 12,622
institution account deduction notice under division (D)(2)(b) of 12,624
this section and instead will issue a notice requiring the 12,625
withholding of an amount from personal earnings for support in 12,627
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 12,628
of the nature of any new accounts opened at a financial 12,629
institution under the jurisdiction of the court, the name and 12,630
business address of that financial institution, a description of 12,631
the nature of any new employment or income source, the name, 12,632
business address, and telephone number of any new employer or 12,634
income source, and any other information reasonably required by 12,636
the court.
(3) The court may issue an order requiring the obligor to 12,638
enter into a cash bond with the court. The court shall issue the 12,639
order as part of the support order or, if the support order 12,640
previously has been issued, as a separate order. Any cash bond 12,641
so required shall be in a sum fixed by the court at not less than 12,642
five hundred nor more than ten thousand dollars, conditioned that 12,643
the obligor will make payment as previously ordered and will pay 12,644
any arrearages under any prior support order that pertained to 12,645
the same child or spouse. The order, along with an additional 12,646
order requiring the obligor to immediately notify the child 12,647
support enforcement agency, in writing, if the obligor begins to 12,648
receive income from a payor, shall be attached to, and shall be 12,650
served upon the obligor at the same time as service of, the 12,651
support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under 12,652
this division. The additional order also shall specify that when 12,653
the obligor begins to receive income from a payor the obligor may 12,655
request the court to cancel its bond order and instead issue a 12,656
notice requiring the withholding of an amount from income for 12,659
support in accordance with division (D)(1) of this section and 12,660
that when the obligor begins to receive income from a payor the 12,661
281
court will proceed to collect on the bond, if the court 12,662
determines that payments due under the support order have not 12,663
been made and that the amount that has not been paid is at least 12,664
equal to the support owed for one month under the support order, 12,665
and will issue a notice requiring the withholding of an amount 12,666
from income for support in accordance with division (D)(1) of 12,669
this section. The notification required of the obligor shall
include a description of the nature of any new employment, the 12,670
name and business address of any new employer, and any other 12,671
information reasonably required by the court. 12,672
The court shall not order an obligor to post a cash bond 12,674
under this division unless the court determines that the obligor 12,675
has the ability to do so. A child support enforcement agency 12,676
shall not issue an order of the type described in this division. 12,677
If a child support enforcement agency is required to issue a 12,678
withholding or deduction notice under division (D) of this 12,679
section but the agency determines that no notice of the type 12,680
described in division (D)(1) or (2) of this section would be 12,682
appropriate, the agency may request the court to issue a court 12,683
order under this division, and, upon the request, the court may 12,684
issue an order as described in this division. 12,685
(4) If the obligor is unemployed, has no income, and does 12,687
not have an account at any financial institution, or on request 12,688
of a child support enforcement agency made under section 3111.231 12,689
of the Revised Code, the court shall issue an order requiring the 12,691
obligor, if able to engage in employment, to seek employment or 12,692
participate in a work activity to which a recipient of assistance 12,693
under Title IV-A of the "Social Security Act," 49 Stat. 620 12,694
(1935), 42 U.S.C.A. 301, as amended, may be assigned as specified 12,695
in section 407(d) of the "Social Security Act," 42 U.S.C.A. 12,696
607(d), as amended. The court shall include in the order a 12,698
requirement that the obligor notify the child support enforcement 12,699
agency upon obtaining employment, upon obtaining any income, or 12,700
upon obtaining ownership of any asset with a value of five 12,701
282
hundred dollars or more. The court may issue the order 12,702
regardless of whether the obligee to whom the obligor owes
support is a recipient of assistance under Title (IV)-A IV-A of 12,703
the "Social Security Act." The court shall issue the order as 12,705
part of a support order or, if a support order previously has 12,707
been issued, as a separate order. If a child support enforcement 12,709
agency is required to issue a withholding or deduction notice 12,710
under division (D) of this section but the agency determines that 12,711
no notice of the type described in division (D)(1) or (2) of this 12,712
section would be appropriate, the agency may request the court to 12,714
issue a court order under division (D)(4) of this section, and, 12,715
upon the request, the court may issue an order as described in 12,717
division (D)(4) of this section.
If an obligor is ordered to participate in a work activity, 12,720
the child support enforcement agency of the county in which the 12,721
obligor resides shall oversee the obligor's participation in 12,722
accordance with rules the department of human services shall 12,723
adopt in accordance with Chapter 119. of the Revised Code. A 12,724
child support enforcement agency may contract with one or more 12,725
governmental agencies or persons to carry out some or all of its 12,726
oversight duties. 12,727
(E) If a court or child support enforcement agency is 12,729
required under division (A), (B), or (C) of this section or any 12,730
other section of the Revised Code to issue one or more notices or 12,731
court orders described in division (D) of this section, the court 12,732
or agency to the extent possible shall issue a sufficient number 12,733
of notices or court orders under division (D) of this section to 12,734
provide that the aggregate amount withheld or deducted under 12,735
those notices or court orders satisfies the amount ordered for 12,736
support in the support order plus any arrearages that may be owed 12,737
by the obligor under any prior support order that pertained to 12,738
the same child or spouse, notwithstanding any applicable 12,739
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, 12,741
2716.05, 2716.13, and 4123.67 of the Revised Code. However, in 12,743
283
no case shall the aggregate amount withheld pursuant to a
withholding notice issued under division (D)(1) of this section 12,745
and any fees withheld pursuant to the notice as a charge for 12,746
services exceed the maximum amount permitted under section 303(b) 12,747
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 12,748
(F)(1) Any withholding or deduction requirement that is 12,750
contained in a notice described in division (D) of this section 12,751
and that is required to be issued by division (A), (B), or (C) of 12,752
this section or any other section of the Revised Code has 12,753
priority over any order of attachment, any order in aid of 12,754
execution, and any other legal process issued under state law 12,755
against the same earnings, payments, or account. 12,756
(2) When a payor receives two or more withholding notices 12,758
that are described in division (D)(1) of this section and that 12,760
are required to be issued by division (A), (B), or (C) of this 12,761
section or any other section of the Revised Code, the payor shall 12,764
comply with all of the requirements contained in the notices to 12,765
the extent that the total amount withheld from the obligor's 12,766
income does not exceed the maximum amount permitted under section 12,768
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 12,769
1673(b), withhold amounts in accordance with the allocation set 12,770
forth in divisions (F)(2)(a) and (b) of this section, notify each 12,771
court or child support enforcement agency that issued one of the 12,772
notices of the allocation, and give priority to amounts 12,773
designated in each notice as current support in the following 12,774
manner:
(a) If the total of the amounts designated in the notices 12,776
as current support exceeds the amount available for withholding 12,777
under section 303(b) of the "Consumer Credit Protection Act," 15 12,778
U.S.C. 1673(b), the payor shall allocate to each notice an amount 12,779
for current support equal to the amount designated in that notice 12,781
as current support multiplied by a fraction in which the 12,782
numerator is the amount of income available for withholding and 12,783
the denominator is the total amount designated in all of the 12,784
284
notices as current support.
(b) If the total of the amounts designated in the notices 12,786
as current support does not exceed the amount available for 12,787
withholding under section 303(b) of the "Consumer Credit 12,788
Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of 12,790
the amounts designated as current support in the notices and 12,791
shall allocate to each notice an amount for past-due support 12,792
equal to the amount designated in that notice as past-due support 12,793
multiplied by a fraction in which the numerator is the amount of 12,794
income remaining available for withholding after the payment of 12,796
current support and the denominator is the total amount 12,797
designated in all of the notices as past-due support. 12,798
(G)(1) Except when a provision specifically authorizes or 12,800
requires service other than as described in this division, 12,801
service of any notice on any party, a financial institution, or 12,803
payor, for purposes of division (A), (B), (C), or (D) of this 12,805
section, shall be made by ordinary first class mail directed to 12,806
the addressee at the last known address, or, in the case of a 12,807
corporation, at its usual place of doing business. A notice 12,808
shall be considered to have been served when it is mailed. 12,809
(2) Each party to a support order shall notify the child 12,811
support enforcement agency of the party's current mailing 12,812
address, current residence address, current residence telephone 12,814
number, and current driver's license number, at the time of the 12,815
issuance or modification of the order and, until further notice 12,816
of the court that issues the order, shall notify the agency of 12,817
any change in that information immediately after the change 12,818
occurs. Any willful failure to comply with this division is 12,820
contempt of court. No person shall fail to give the notice 12,821
required by division (G)(2) of this section.
(3) Each support order, or modification of a support 12,823
order, that is subject to this section shall contain a notice 12,825
that states the following in boldfaced type and in all capital 12,826
letters:
285
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 12,829
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 12,830
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 12,831
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 12,832
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 12,833
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE 12,834
THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE 12,835
REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST 12,836
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 12,838
OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT
ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS 12,839
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES 12,841
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 12,842
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 12,844
NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 12,845
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 12,846
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 12,848
DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 12,849
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 12,850
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 12,851
(4)(a) The parent who is the residential parent and legal 12,853
custodian of a child for whom a support order is issued or the 12,854
person who otherwise has custody of a child for whom a support 12,855
order is issued immediately shall notify, and the obligor under a 12,856
support order may notify, the child support enforcement agency of 12,857
any reason for which the support order should terminate, 12,858
including, but not limited to, the child's attainment of the age 12,859
of majority if the child no longer attends an accredited high 12,860
school on a full-time basis and the support order does not 12,861
provide for the duty of support to continue past the age of 12,862
majority; the child ceasing to attend such a high school on a 12,863
full-time basis after attaining the age of majority, if the 12,865
support order does not provide for the duty of support to
286
continue past the age of majority; or the death, marriage, 12,866
emancipation, enlistment in the armed services, deportation, or 12,867
change of legal or physical custody of the child. A willful 12,868
failure to notify the child support enforcement agency as 12,869
required by this division is contempt of court. Upon receipt of 12,870
a notice pursuant to this division, the agency immediately shall 12,871
conduct an investigation to determine if any reason exists for 12,872
which the support order should terminate. The agency may conduct 12,873
such an investigation regardless of whether it received notice 12,874
under this division. If the agency determines the order should 12,875
terminate, it immediately shall notify the court that issued the 12,876
support order of the reason for which the support order should 12,877
terminate.
(b) Upon receipt of a notice given pursuant to division 12,879
(G)(4)(a) of this section, the court shall order the division of 12,880
child support to impound any funds received for the child 12,882
pursuant to the support order and the court shall set the case 12,884
for a hearing for a determination of whether the support order 12,885
should be terminated or modified or whether the court should take 12,886
any other appropriate action.
(c) If the court terminates a support order pursuant to 12,888
divisions (G)(4)(a) and (b) of this section, the termination of 12,889
the support order also terminates any withholding or deduction 12,890
order as described in division (D) or (H) of this section issued 12,891
prior to December 31, 1993, and any withholding or deduction 12,893
notice as described in division (D) or court order as described 12,894
in division (D)(3), (D)(4), or (H) of this section issued on or 12,896
after December 31, 1993. Upon the termination of any withholding 12,897
or deduction order or any withholding or deduction notice, the 12,898
court immediately shall notify the appropriate child support 12,899
enforcement agency that the order or notice has been terminated, 12,900
and the agency immediately shall notify each payor or financial 12,901
institution required to withhold or deduct a sum of money for the 12,903
payment of support under the terminated withholding or deduction 12,904
287
order or notice that the order or notice has been terminated and 12,905
that it is required to cease all withholding or deduction under 12,906
the order or notice. 12,907
(d) The department of human services shall adopt rules 12,910
that provide for both of the following: 12,911
(i) The return to the appropriate person of any funds that 12,913
a court has ordered impounded under division (G)(4)(b) of this 12,914
section if the support order under which the funds were paid has 12,915
been terminated pursuant to divisions (G)(4)(a) and (b) of this 12,916
section; 12,917
(ii) The return to the appropriate person of any other 12,919
payments made pursuant to a support order if the payments were 12,920
made at any time after the support order under which the funds 12,921
were paid has been terminated pursuant to divisions (G)(4)(a) and 12,922
(b) of this section. 12,923
(5) If any party to a support order requests a 12,925
modification of the order or if any obligee under a support order 12,926
or any person on behalf of the obligee files any action to 12,927
enforce a support order, the court shall notify the child support 12,928
enforcement agency that is administering the support order or 12,929
that will administer the order after the court's determination of 12,930
the request or the action, of the request or the filing. 12,931
(6) When a child support enforcement agency receives any 12,933
notice under division (G) of section 2151.23, section 2301.37, 12,934
division (E) of section 3105.18, division (C) of section 3105.21, 12,935
division (A) of section 3109.05, division (F) of section 3111.13, 12,936
division (B) of section 3113.04, section 3113.21, section 12,937
3113.211, section 3113.212, division (K) of section 3113.31, or 12,938
division (C)(3) of section 3115.31 of the Revised Code, it shall 12,940
issue the most appropriate notices under division (D) of this 12,941
section. Additionally, it shall do all of the following: 12,942
(a) If the obligor is subject to a withholding notice 12,944
issued under division (D)(1) of this section and the notice 12,945
relates to the obligor's change of employment, send a withholding 12,946
288
notice under that division to the new employer of the obligor as 12,947
soon as the agency obtains knowledge of that employer; 12,948
(b) If the notification received by the agency specifies 12,950
that a lump-sum payment of one hundred fifty dollars or more is 12,952
to be paid to the obligor, notify the court of the receipt of the 12,953
notice and its contents. The agency may notify the court if the 12,955
notification specifies that a lump-sum payment of less than one 12,956
hundred fifty dollars is to be paid to the obligor. 12,957
(c) Comply with section 3113.212 of the Revised Code, as 12,959
appropriate. 12,960
(H)(1)(a) For purposes of division (D)(1) of this section, 12,962
when a person who fails to comply with a support order that is 12,963
subject to that division derives income from self-employment or 12,964
commission, is employed by an employer not subject to the 12,965
jurisdiction of the court, or is in any other employment 12,966
situation that makes the application of that division 12,967
impracticable, the court may require the person to enter into a 12,968
cash bond to the court in a sum fixed by the court at not less 12,969
than five hundred nor more than ten thousand dollars, conditioned 12,970
that the person will make payment as previously ordered. 12,971
(b) When a court determines at a hearing conducted under 12,973
division (B) of this section, or a child support enforcement 12,974
agency determines at a hearing or pursuant to an investigation 12,975
conducted under division (B) of this section, that the obligor 12,976
under the order in relation to which the hearing or investigation 12,977
is conducted is unemployed and has no other source of income and 12,978
no assets so that the application of divisions (B) and (D) of 12,979
this section would be impracticable, the court shall issue an 12,980
order as described in division (D)(4) of this section and shall 12,982
order the obligor to notify the child support enforcement agency 12,983
in writing immediately of the receipt of any source of income or 12,985
of the opening of an account in a financial institution, and to 12,986
include in the notification a description of the nature of the 12,987
employment or income source, the name, business address, and
289
telephone number of the employer or income source, and any other 12,988
information reasonably required by the court. 12,989
(2) When a court determines, at a hearing conducted under 12,991
division (C)(2) of this section, that an obligor is unemployed, 12,992
is not receiving workers' compensation payments, does not have an 12,993
account in a financial institution, and has no other source of 12,994
income and no assets so that the application of divisions (C)(2) 12,995
and (D) of this section would be impracticable, the court shall 12,996
issue an order as described in division (D)(4) of this section 12,997
and shall order the obligor to notify the child support 12,998
enforcement agency, in writing, immediately of the receipt of any 12,999
source of income or of the opening of an account in a financial 13,000
institution, and to include in the notification a description of 13,001
the nature of the employment or income source, the name, business 13,002
address, and telephone number of the employer or income source or 13,004
the name, address, and telephone number of the financial 13,005
institution, and any other information reasonably required by the 13,006
court. 13,007
(3)(a) Upon receipt of a notice from a child support 13,009
enforcement agency under division (G)(6) of this section that a 13,010
lump-sum payment is to be paid to the obligor, the court shall do 13,012
either of the following:
(i) If the obligor is in default under the support order 13,014
or has any unpaid arrearages under the support order, issue an 13,015
order requiring the transmittal of the lump-sum payment to the 13,016
division of child support. 13,017
(ii) If the obligor is not in default under the support 13,019
order and does not have any unpaid arrearages under the support 13,020
order, issue an order directing the person who gave the notice to 13,021
the court to immediately pay the full amount of the lump-sum 13,022
payment to the obligor. 13,023
(b) Upon receipt of any moneys pursuant to division 13,025
(H)(3)(a) of this section, the division of child support shall 13,027
pay the amount of the lump-sum payment that is necessary to
290
discharge all of the obligor's arrearages to the obligee and, 13,028
within two business days after its receipt of the money, any 13,029
amount that is remaining after the payment of the arrearages to 13,030
the obligor. 13,031
(c) Any court that issued an order prior to December 1, 13,033
1986, requiring an employer to withhold an amount from an 13,034
obligor's personal earnings for the payment of support shall 13,035
issue a supplemental order that does not change the original 13,036
order or the related support order requiring the employer to do 13,037
all of the following: 13,038
(i) No later than the earlier of forty-five days before a 13,040
lump-sum payment is to be made or, if the obligor's right to a 13,041
lump-sum payment is determined less than forty-five days before 13,042
it is to be made, the date on which that determination is made, 13,043
notify the child support enforcement agency of any lump-sum 13,044
payment of any kind of one hundred fifty dollars or more that is 13,046
to be paid to the obligor; 13,047
(ii) Hold the lump-sum payment for thirty days after the 13,049
date on which it would otherwise be paid to the obligor, if the 13,050
lump-sum payment is sick pay, a lump-sum payment of retirement 13,051
benefits or contributions, or profit-sharing payments or 13,052
distributions; 13,053
(iii) Upon order of the court, pay any specified amount of 13,055
the lump-sum payment to the division of child support. 13,056
(d) If an employer knowingly fails to notify the child 13,058
support enforcement agency in accordance with division (D) of 13,059
this section of any lump-sum payment to be made to an obligor, 13,060
the employer is liable for any support payment not made to the 13,061
obligee as a result of its knowing failure to give the notice as 13,062
required by that division. 13,063
(I)(1) Any support order, or modification of a support 13,065
order, that is subject to this section shall contain the date of 13,066
birth and social security number of the obligor. 13,067
(2) No withholding or deduction notice described in 13,069
291
division (D) or court order described in division (D)(3) or (4) 13,071
of this section shall contain any information other than the
information specifically required by division (A), (B), (C), or 13,072
(D) of this section or by any other section of the Revised Code 13,073
and any additional information that the issuing court determines 13,074
may be necessary to comply with the notice. 13,075
(J) No withholding or deduction notice described in 13,077
division (D) or court order described in division (D)(3) or (4) 13,079
of this section and issued under division (A), (B), or (C) of
this section or any other section of the Revised Code shall be 13,080
terminated solely because the obligor pays any part or all of the 13,082
arrearages under the support order.
(K)(1) Except as provided in division (K)(2) of this 13,084
section and section 2301.42 of the Revised Code and the rules 13,085
adopted pursuant to division (C) of that section, if child 13,086
support arrearages are owed by an obligor to the obligee and to 13,087
the department of human services, any payments received on the 13,088
arrearages by the division of child support first shall be paid 13,090
to the obligee until the arrearages owed to the obligee are paid
in full. 13,091
(2) Division (K)(1) of this section does not apply to the 13,093
collection of past-due child support from refunds of paid federal 13,094
taxes pursuant to section 5101.32 of the Revised Code or of 13,095
overdue child support from refunds of paid state income taxes 13,096
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 13,097
(L)(1) Each court with jurisdiction to issue support 13,099
orders or orders establishing the existence or nonexistence of a 13,100
parent and child relationship shall establish rules of court to 13,101
ensure that the following percentage of all actions to establish 13,102
the existence or nonexistence of a parent and child relationship, 13,103
to establish a support requirement, or to modify a previously 13,104
issued support order be completed within the following time 13,105
limits:
(a) Seventy-five per cent of all of the actions shall be 13,107
292
completed within six months after they were initially filed; 13,109
(b) Ninety per cent of all of the actions shall be 13,111
completed within twelve months after they were initially filed. 13,113
(2) If a case involves complex legal issues requiring full 13,115
judicial review, the court shall issue a temporary support order 13,116
within the time limits set forth in division (L)(1) of this 13,117
section, which temporary order shall be in effect until a final 13,118
support order is issued in the case. All cases in which the 13,119
imposition of a notice or order under division (D) of this 13,120
section is contested shall be completed within the period of time 13,121
specified by law for completion of the case. The failure of a 13,122
court to complete a case within the required period does not 13,123
affect the ability of any court to issue any order under this 13,124
section or any other section of the Revised Code for the payment 13,125
of support, does not provide any defense to any order for the 13,126
payment of support that is issued under this section or any other 13,127
section of the Revised Code, and does not affect any obligation 13,128
to pay support. 13,129
(3)(a) In any Title IV-D case, the judge, when necessary 13,131
to satisfy the federal requirement of expedited process for 13,132
obtaining and enforcing support orders, shall appoint magistrates 13,134
to make findings of fact and recommendations for the judge's 13,135
approval in the case. All magistrates appointed pursuant to this 13,137
division shall be attorneys admitted to the practice of law in 13,138
this state. If the court appoints a magistrate pursuant to this 13,139
division, the court may appoint any additional administrative and 13,140
support personnel for the magistrate. 13,141
(b) Any magistrate appointed pursuant to division 13,143
(L)(3)(a) of this section may perform any of the following 13,145
functions:
(i) The taking of testimony and keeping of a record in the 13,147
case; 13,148
(ii) The evaluation of evidence and the issuance of 13,150
recommendations to establish, modify, and enforce support orders; 13,151
293
(iii) The acceptance of voluntary acknowledgments of 13,153
support liability and stipulated agreements setting the amount of 13,154
support to be paid; 13,155
(iv) The entering of default orders if the obligor does 13,157
not respond to notices in the case within a reasonable time after 13,158
the notices are issued; 13,159
(v) Any other functions considered necessary by the court. 13,161
(4) The child support enforcement agency may conduct 13,163
administrative reviews of support orders to obtain voluntary 13,164
notices or court orders under division (D) of this section and to 13,165
correct any errors in the amount of any arrearages owed by an 13,166
obligor. The obligor and the obligee shall be notified of the 13,167
time, date, and location of the administrative review at least 13,168
fourteen days before it is held. 13,169
(M)(1) The termination of a support obligation or a 13,171
support order does not abate the power of any court to collect 13,172
overdue and unpaid support or to punish any person for a failure 13,174
to comply with an order of the court or to pay any support as 13,175
ordered in the terminated support order and does not abate the 13,176
authority of a child support enforcement agency to issue, in 13,177
accordance with this section, any notice described in division 13,178
(D) of this section or of a court to issue, in accordance with 13,179
this section, any court order as described in division (D)(3) or 13,180
(4) of this section to collect any support due or arrearage under 13,181
the support order. 13,183
(2) Any court that has the authority to issue a support 13,185
order shall have all powers necessary to enforce that support 13,186
order, and all other powers, set forth in this section. 13,187
(3) Except as provided in division (M)(4) of this section, 13,189
a court may not retroactively modify an obligor's duty to pay a 13,190
delinquent support payment. 13,191
(4) A court with jurisdiction over a support order may 13,193
modify an obligor's duty to pay a support payment that becomes 13,194
due after notice of a petition to modify the support order has 13,195
294
been given to each obligee and to the obligor before a final 13,196
order concerning the petition for modification is entered. 13,197
(N) If an obligor is in default under a support order and 13,199
has a claim against another person of more than one thousand 13,200
dollars, the obligor shall notify the child support enforcement 13,201
agency of the claim, the nature of the claim, and the name of the 13,202
person against whom the claim exists. If an obligor is in 13,203
default under a support order and has a claim against another 13,204
person or is a party in an action for any judgment, the child 13,205
support enforcement agency or the agency's attorney, on behalf of 13,206
the obligor, immediately shall file with the court in which the 13,207
action is pending a motion to intervene in the action or a 13,208
creditor's bill. The motion to intervene shall be prepared and 13,209
filed pursuant to Civil Rules 5 and 24(A) and (C). 13,210
Nothing in this division shall preclude an obligee from 13,212
filing a motion to intervene in any action or a creditor's bill. 13,213
(O) If an obligor is receiving unemployment compensation 13,215
benefits, an amount may be deducted from those benefits for 13,216
purposes of child support, in accordance with section 2301.371 13,217
and division (D)(4) of section 4141.28 of the Revised Code. Any 13,218
deduction from a source in accordance with those provisions is in 13,219
addition to, and does not preclude, any withholding or deduction 13,220
for purposes of support under divisions (A) to (N) of this 13,221
section. 13,222
(P) As used in this section, and in sections 3113.211 to 13,224
3113.219 of the Revised Code: 13,225
(1) "Financial institution" means a bank, savings and loan 13,227
association, or credit union, or a regulated investment company 13,228
or mutual fund in which a person who is required to pay child 13,229
support has funds on deposit that are not exempt under the law of 13,230
this state or the United States from execution, attachment, or 13,231
other legal process. 13,232
(2) "Title IV-D case" means any case in which the child 13,234
support enforcement agency is enforcing the child support order 13,235
295
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 13,236
2351 (1975), 42 U.S.C. 651, as amended. 13,237
(3) "Obligor" means the person who is required to pay 13,239
support under a support order. 13,240
(4) "Obligee" means the person who is entitled to receive 13,242
the support payments under a support order. 13,243
(5) "Support order" means an order for the payment of 13,245
support and, for orders issued or modified on or after December 13,246
31, 1993, includes any notices described in division (D) or (H) 13,247
of this section that are issued in accordance with this section. 13,248
(6) "Support" means child support, spousal support, and 13,250
support for a spouse or former spouse. 13,251
(7) "Personal earnings" means compensation paid or payable 13,253
for personal services, however denominated, and includes, but is 13,254
not limited to, wages, salary, commissions, bonuses, draws 13,255
against commissions, profit sharing, and vacation pay. 13,256
(8) "Default" has the same meaning as in section 2301.34 13,258
of the Revised Code. 13,259
(9) "Payor" means any person or entity that pays or 13,262
distributes income to an obligor, including the obligor, if the 13,263
obligor is self employed; an employer; an employer that is paying 13,264
the obligor's workers' compensation benefits; the public 13,265
employees retirement board; the board of trustees, or other 13,266
governing entity of a municipal retirement system; the board of 13,267
trustees of the OHIO police and firemen's disability and FIRE 13,269
pension fund; the state teachers retirement board; the school 13,271
employees retirement board; the state highway patrol retirement 13,272
board; the bureau of workers' compensation; or any other person 13,273
or entity, except the bureau of employment services with respect 13,274
to unemployment compensation benefits paid pursuant to Chapter 13,275
4141. of the Revised Code.
(Q) As used in this section, "income" means any form of 13,279
monetary payment, including personal earnings; workers' 13,280
compensation payments; unemployment compensation benefits to the 13,282
296
extent permitted by, and in accordance with, section 2301.371 of
the Revised Code, division (D)(4) of section 4141.28 of the 13,283
Revised Code, and federal law governing the bureau of employment 13,284
services; pensions; annuities; allowances; private or 13,285
governmental retirement benefits; disability or sick pay; 13,286
insurance proceeds; lottery prize awards; federal, state, or 13,287
local government benefits to the extent that the benefits can be 13,288
withheld or deducted under the law governing the benefits; any 13,289
form of trust fund or endowment; lump-sum payments; and any other 13,290
payment in money. 13,291
Sec. 3307.28. The membership of any person in the state 13,300
teachers retirement system shall cease on occurrence of any of 13,302
the following: receipt of payment pursuant to section 3307.46 of 13,303
the Revised Code; retirement as provided in section 3307.38 or 13,304
3307.39 of the Revised Code; death; or denial of membership 13,305
pursuant to section 3307.27 of the Revised Code.
Except as provided in this section, a member or former 13,307
member of the state teachers retirement system with at least one 13,309
and one-half years of contributing service credit in this system, 13,310
the public employees retirement system, the school employees 13,311
retirement system, the OHIO police and firemen's disability and 13,313
FIRE pension fund, or the state highway patrol retirement system 13,314
after the withdrawal and cancellation of service credit in this 13,315
system may restore all or part of such service credit by 13,316
repayment of the amount withdrawn. To this amount shall be added 13,317
interest at a rate per annum, compounded annually, to be 13,318
determined by the retirement board. Interest shall be payable 13,319
from the first of the month of withdrawal through the month of 13,320
repayment. A member may choose to purchase only part of such 13,322
credit in any one payment. The cost for restoring partial
service shall be calculated as the proportion that it bears to 13,323
the total cost at the time of purchase and is subject to the 13,324
rules established by the board. If a former member is eligible 13,325
to buy the service credit as a member of the OHIO police and 13,328
297
firemen's disability and FIRE pension fund or state highway 13,329
patrol retirement system, the former member is ineligible to 13,330
restore that service credit under this section. 13,331
The total payment to restore canceled service credit shall 13,334
be credited as follows:
(A) The amount that equals contributions made pursuant to 13,336
section 3307.51 of the Revised Code, plus any interest on the 13,338
contributions paid by the member pursuant to this section, to the 13,339
member's account in the teachers' savings fund; 13,340
(B) The amount that equals the amount paid under section 13,342
3307.80 of the Revised Code, to the employers trust fund; 13,343
(C) The remainder of the payment to restore canceled 13,345
service credit, to the guarantee fund. 13,346
Sec. 3307.32. (A) Service credit purchased under this 13,355
section shall be included in the member's total service credit. 13,356
Credit may be purchased for the following: 13,357
(1) Teaching service in a public or private school, 13,359
college, or university of this or another state, and for teaching 13,360
service in any school or entity operated by or for the United 13,361
States government. Teaching credit purchased under this section 13,362
shall be limited to service rendered in schools, colleges, or 13,363
universities chartered or accredited by the appropriate 13,364
governmental agency. 13,365
(2) Public service with another state or the United States 13,367
government, provided that such credit shall be limited to service 13,368
that would have been covered by the state teachers retirement 13,369
system, the school employees retirement system, the OHIO police 13,371
and firemen's disability and FIRE pension fund, the state highway 13,372
patrol retirement system, or the public employees retirement 13,374
system if served in a comparable public position in this state. 13,375
(3) Service for which contributions were made by the 13,377
member or on his THE MEMBER'S behalf to a municipal retirement 13,378
system in this state. 13,380
The number of years of service purchased under this section 13,382
298
shall not exceed the lesser of five years or the member's total 13,383
accumulated number of years of Ohio service. 13,384
(B)(1) Except as otherwise provided in division (B)(2) of 13,386
this section, for each year of service purchased under this 13,387
section, a member shall pay to the state teachers retirement 13,388
system for credit to his THE MEMBER'S accumulated account an 13,389
amount equal to his THE MEMBER'S retirement contribution for 13,391
full-time employment for the first year of Ohio service following 13,393
termination of the service to be purchased. To this amount shall 13,394
be added an amount equal to compound interest at a rate 13,395
established by the state teachers retirement board from the date 13,396
of membership in the state teachers retirement system to the date 13,397
of payment.
(2) For each year of service described in division (A) of 13,399
this section that commenced on or after July 1, 1989, and, 13,400
without regard to when the service commenced, for each year of 13,401
service purchased under division (A) of this section by a member 13,402
who first established membership in the retirement system on or 13,403
after July 1, 1989, the member shall pay to the retirement system 13,404
for credit to his THE MEMBER'S individual account an amount 13,405
specified by the state teachers retirement board that shall be 13,407
not less than fifty per cent of the additional liability 13,408
resulting from the purchase of that year of service as determined 13,409
by an actuary employed by the board. 13,410
(3) A member may choose to purchase only part of the 13,412
credit he THE MEMBER is eligible to purchase under this section 13,413
in any one payment, subject to board rules. 13,415
(C) A member is ineligible to purchase under this section 13,417
service that is used in the calculation of any retirement benefit 13,418
currently being paid or payable in the future to such member 13,419
under any other retirement program, except social security. At 13,420
the time the credit is purchased, the member shall certify on a 13,421
form furnished by the retirement board that he THE MEMBER does 13,422
and will conform to this requirement. 13,424
299
(D) Credit purchased under this section may be combined 13,426
pursuant to section 3307.41 of the Revised Code with credit 13,427
purchased under sections 145.293 and 3309.31 of the Revised Code, 13,428
except that not more than a total of five years' service credit 13,429
purchased under this section and sections 145.293 and 3309.31 of 13,430
the Revised Code shall be used in determining retirement 13,431
eligiblity ELIGIBILITY or calculating benefits under section 13,432
3307.41 of the Revised Code. 13,434
(E) The retirement board shall establish a policy to 13,436
determine eligibility to purchase credit under this section, and 13,437
its decision shall be final. 13,438
Sec. 3307.33. (A) As used in this section, "other Ohio 13,447
state retirement system" means the public employees retirement 13,448
system, the school employees retirement system, the OHIO police 13,450
and firemen's disability and FIRE pension fund, or the state 13,451
highway patrol retirement system. 13,452
(B) Any member, in addition to service as a teacher, may 13,454
purchase credit for either of the following: 13,455
(1) Similar service as a teacher in the public day 13,457
schools, in state universities, state normal schools, and other 13,458
state or municipal institutions of a character similar to the 13,459
state or municipally supported schools of Ohio in which 13,460
membership in the state teachers retirement system is allowed, of 13,461
another state of the United States, or of any territory or 13,462
possession of the United States, or of the District of Columbia; 13,463
(2) Similar service as an employee of an employer who 13,465
comes within any other Ohio state retirement system but for 13,466
service which is rendered at any time in another state of the 13,467
United States or of any territory or possession thereof, or for 13,468
service as an employee of the United States government, provided 13,469
credit cannot be purchased for service credit or benefits 13,470
received in any other state retirement system in Ohio. 13,471
(C) Any member who has at least ten years of total service 13,473
credit may also purchase credit for similar service as a teacher 13,474
300
in a private school, college, university, or other educational 13,475
institution that is located in this or another state, in any 13,476
territory or possession of the United States, or in the District 13,477
of Columbia, and is chartered or accredited by the appropriate 13,478
governmental agency. 13,479
(D) The state teachers retirement board shall have final 13,481
authority to determine and fix the amount of the payment that 13,482
shall be made for credit for service purchased under this 13,483
section, provided that if the member established membership in 13,484
the state teachers retirement system on or after July 1, 1989, or 13,485
the credit is for service described in division (B) or (C) of 13,486
this section that commenced on or after July 1, 1989, the amount 13,487
of the payment fixed by the board shall be not less than fifty 13,488
per cent of the additional liability resulting from the credit as 13,489
specified by an actuary employed by the board. 13,490
A member may choose to purchase only part of the credit he 13,492
THE MEMBER is eligible to purchase under this section in any one 13,494
payment, subject to board rules. Such payment, together with 13,495
interest compounded annually at a rate to be determined by the 13,496
board, may be refunded under the same conditions and in the same 13,497
manner as refunds are made under section 3307.51 of the Revised 13,498
Code, and the credit provided by such payment shall be canceled. 13,499
At superannuation or commuted superannuation retirement such 13,500
payment for service, with regular interest compounded annually at 13,501
a rate to be determined by the board, shall be deposited in the 13,502
annuity and pension reserve fund as the reserve for additional 13,503
annuity as provided in section 3307.51 of the Revised Code, 13,504
excepting moneys charged for any additional liabilities resulting 13,505
from the purchase of the service credit as determined by the 13,506
actuary employed by the board. 13,507
Sec. 3307.381. (A) As used in this section: 13,516
(1) "Superannuate" means a former teacher receiving a 13,518
service retirement allowance under section 3307.38 or 3307.39 of 13,519
the Revised Code from the state teachers retirement system or a 13,520
301
combined service retirement benefit paid in accordance with 13,521
section 3307.41 of the Revised Code, regardless of which 13,522
retirement system is paying the benefit. 13,523
(2) "Other system retirant" means a member or former 13,525
member of the public employees retirement system, OHIO police and 13,527
firemen's disability and FIRE pension fund, school employees 13,528
retirement system, state highway patrol retirement system, or 13,529
Cincinnati retirement system who is receiving age and service or 13,530
commuted age and service retirement, or a disability benefit from 13,531
a system of which he THE RETIRANT is a member or former member. 13,532
(B) A superannuate may be employed for temporary service 13,534
as a teacher, provided: 13,535
(1) At least two months have elapsed since the effective 13,537
date of his THE SUPERANNUATE'S retirement. 13,538
(2) Such employment does not exceed eighty-five school 13,540
days, or the equivalent thereof in fractional service, during any 13,541
school year. 13,542
(C) A superannuate may be employed as a full-time teacher, 13,544
provided: 13,545
(1) He THE SUPERANNUATE has received a retirement 13,547
allowance from the state teachers retirement system for at least 13,549
eighteen months.
(2) The employer requests the retirement board of the 13,551
state teachers retirement system to authorize such employment. 13,552
(D) An other system retirant may be employed as a teacher, 13,554
provided at least two months have elapsed since the effective 13,555
date of his THE RETIRANT'S retirement or receipt of a disability 13,556
benefit. 13,557
(E) If a superannuate or other system retirant is employed 13,559
in accordance with division (B), (C), or (D) of this section, he 13,560
THE SUPERANNUATE OR RETIRANT shall contribute to the state 13,561
teachers retirement system in accordance with section 3307.51 of 13,563
the Revised Code and the employer shall contribute in accordance 13,564
with sections 3307.53 and 3307.56 of the Revised Code. Such 13,565
302
contributions shall be received as specified in section 3307.65 13,566
of the Revised Code. A superannuate or other system retirant 13,567
employed as a teacher is not a member of the state teachers 13,568
retirement system, does not have any of the rights, privileges, 13,569
or obligations of membership, except as provided in this section, 13,570
and is not eligible to receive health, medical, hospital, or 13,571
surgical benefits under section 3307.74 of the Revised Code for 13,572
employment subject to this section. 13,573
(F) The employer that employs a superannuate or other 13,575
system retirant shall notify the state teachers retirement board 13,576
of the employment not later than the end of the month in which 13,577
the employment commences. Any overpayment of benefits to a 13,578
superannuate by the retirement system resulting from an 13,579
employer's failure to give timely notice may be charged to the 13,580
employer and may be certified and deducted as provided in section 13,581
3307.56 of the Revised Code. 13,582
(G) On receipt of notice from an employer that a person 13,584
who is an other system retirant has been employed, the state 13,585
teachers retirement system shall notify the state retirement 13,586
system of which the other system retirant was a member of such 13,587
employment. 13,588
(H) A superannuate or other system retirant who has 13,590
received his A retirement allowance or disability benefit for 13,591
less than the applicable period under division (B), (C), or (D) 13,593
of this section when his employment as a teacher commences shall 13,594
forfeit his THE retirement allowance or disability benefit for 13,595
any month he THE SUPERANNUATE OR RETIRANT is employed prior to 13,597
the expiration of such period. Contributions shall be made to the 13,599
retirement system from the first day of such employment, but 13,600
service and contributions for that period shall not be used in 13,601
the calculation of any benefit payable to the superannuate or 13,602
other system retirant, and those contributions shall be refunded 13,603
on his THE SUPERANNUATE'S OR RETIRANT'S death or termination of 13,604
the employment. Contributions made on compensation earned after 13,605
303
the expiration of such period shall be used in calculation of the 13,606
benefit or payment due under this section. 13,607
(I) On receipt of notice from the OHIO police and 13,609
firemen's disability and FIRE pension fund, public employees 13,611
retirement system, or school employees retirement system of the 13,613
re-employment of a superannuate, the state teachers retirement 13,614
system shall not pay, or if paid shall recover, the amount to be 13,615
forfeited by the superannuate in accordance with section 145.38, 13,616
742.26, or 3309.341 of the Revised Code. 13,617
(J)(1) On termination of employment under this section, a 13,619
superannuate or other system retirant may file an application 13,620
with the state teachers retirement system for a benefit under 13,621
this division, which shall consist of a single life annuity 13,622
having a reserve equal to the amount of his THE SUPERANNUATE'S OR 13,623
RETIRANT'S accumulated contributions for the period of employment 13,625
and an equal amount from the employers' trust created by section 13,626
3307.65 of the Revised Code, plus interest credited to the date 13,627
of retirement at the then current actuarial rate of interest. 13,628
The superannuate or other system retirant shall elect either to 13,629
receive the benefit as a monthly annuity for his life or a 13,630
lump-sum payment discounted to the present value using the 13,631
current actuarial assumption rate of interest, except that if his 13,632
THE monthly annuity would be less than twenty-five dollars per 13,634
month he THE SUPERANNUATE OR RETIRANT shall receive a lump-sum 13,636
payment.
(2) A benefit payable under this division shall commence 13,638
on the latest of the following: 13,639
(a) The last day for which compensation for employment as 13,641
a teacher was paid; 13,642
(b) Attainment by the superannuate or other system 13,644
retirant of age sixty-five; 13,645
(c) If the superannuate or other system retirant was 13,647
previously employed under this section and previously received or 13,648
is receiving a benefit under this division, completion of a 13,649
304
period of twelve months since the effective date of the last 13,650
benefit under this division. 13,651
(3)(a) If a superannuate or other system retirant dies 13,653
while employed in employment subject to this section, a lump-sum 13,654
payment calculated in accordance with division (J)(1) of this 13,655
section shall be paid to the beneficiary designated under 13,656
division (D) of section 3307.48 of the Revised Code. 13,657
(b) If at the time of his death a superannuate or other 13,659
system retirant receiving a monthly annuity has received less 13,660
than he THE SUPERANNUATE OR RETIRANT would have received as a 13,661
lump-sum payment, the difference between the amount he received 13,663
and the amount he THAT would have BEEN received as a lump-sum 13,665
payment shall be paid to his THE SUPERANNUATE'S OR RETIRANT'S 13,666
beneficiary designated under division (D) of section 3307.48 of 13,667
the Revised Code. 13,668
(4) No amount received under this section shall be 13,670
included in determining an additional benefit under section 13,671
3307.403 of the Revised Code or any other post-retirement benefit 13,672
increase. 13,673
(K) If the disability benefit of an other system retirant 13,675
employed under this section is terminated, he THE RETIRANT shall 13,676
become a member of the state teachers retirement system, 13,678
effective on the first day of the month next following the 13,679
termination, with all the rights, privileges, and obligations of 13,680
membership. If such person, after the termination of his THE 13,681
RETIRANT'S disability benefit, earns two years of service credit 13,683
under this retirement system or under the public employees 13,684
retirement system, OHIO police and firemen's disability and FIRE 13,686
pension fund, school employees retirement system, or state 13,688
highway patrol retirement system, his THE RETIRANT'S prior 13,689
contributions as an other system retirant under this section 13,690
shall be included in his THE RETIRANT'S total service credit as a 13,692
state teachers retirement system member, and he THE RETIRANT 13,693
shall forfeit all rights and benefits of this section. Not more 13,695
305
than one year of credit may be given for any period of twelve 13,696
months.
(L) A superannuate shall not receive the pension portions 13,698
of a retirement allowance for any period for which he THE 13,699
SUPERANNUATE is compensated under a private contract, or through 13,701
an independent contractor, whereby he THE SUPERANNUATE is to 13,702
perform personal or professional services for the employer by 13,704
which he THE SUPERANNUATE was employed at the time of retirement. 13,706
(M) This section does not affect the receipt of benefits 13,708
by or eligibility for benefits of any person who on August 20, 13,709
1976, was receiving a disability benefit or service retirement 13,710
pension or allowance from a state or municipal retirement system 13,711
in Ohio and was a member of any other state or municipal 13,712
retirement system of this state. 13,713
(N) The retirement board of the state teachers retirement 13,715
system may make the necessary rules to carry into effect this 13,716
section and to prevent the abuse of the rights and privileges 13,717
thereunder. 13,718
Sec. 3307.412. (A) A member of the state teachers 13,728
retirement system who has contributions on deposit with the OHIO 13,729
police and firemen's disability and FIRE pension fund or the 13,730
state highway patrol retirement system shall, in computing years 13,731
of total service, be given full credit for service credit earned 13,732
under Chapter 742. or 5505. of the Revised Code or purchased for 13,736
service in the armed forces of the United States if a transfer to 13,739
the state teachers retirement system is made under this division. 13,740
At the request of the member, the OHIO police and firemen's 13,741
disability and FIRE pension fund or state highway patrol 13,742
retirement system shall transfer to the state teachers retirement 13,743
system, for each year of service, the sum of the following: 13,745
(1) An amount equal to the member's payments for service 13,748
in the armed forces of the United States and accumulated 13,750
contributions to the transferring fund or system; 13,751
(2) An amount equal to the lesser of the employer's 13,753
306
contributions to the OHIO police and firemen's disability and 13,755
FIRE pension fund or state highway patrol retirement system or 13,756
the amount that would have been contributed by the employer for 13,757
the service had the member been a member of the state teachers 13,758
retirement system; 13,759
(3) Interest, determined as provided in division (E) of 13,762
this section, on the amounts specified in divisions (A)(1) and 13,764
(2) of this section from the last day of the year for which the 13,766
service credit was earned or in which military service credit was 13,767
purchased or obtained to the date the transfer is made. 13,769
(B) A member who has at least eighteen months of 13,772
contributing service with the state teachers retirement system, 13,773
is a former member of the OHIO police and firemen's disability 13,775
and FIRE pension fund or state highway patrol retirement system, 13,777
and has received a refund of contributions to that fund or system 13,778
shall, in computing years of total service, be given full credit 13,779
for service credit earned under Chapter 742. or 5505. of the 13,781
Revised Code or purchased for service in the armed forces of the 13,783
United States if, for each year of service, the state teachers 13,786
retirement system receives the sum of the following: 13,787
(1) An amount, which shall be paid by the member, equal to 13,790
the amount refunded by the OHIO police and firemen's disability 13,791
and FIRE pension fund or the state highway patrol retirement 13,792
system to the member for that year for accumulated contributions 13,793
and payments for purchase of credit for service in the armed 13,794
forces of the United States, with interest on that amount from 13,796
the date of the refund to the date of the payment; 13,799
(2) Interest, which shall be transferred by the OHIO 13,802
police and firemen's disability and FIRE pension fund or state 13,803
highway patrol retirement system, on the amount refunded to the 13,805
member that is attributable to the year of service from the last 13,807
day of the year for which the service credit was earned or in 13,808
which military service credit was purchased or obtained to the 13,809
date the refund was made; 13,810
307
(3) An amount, which shall be transferred by the OHIO 13,812
police and firemen's disability and FIRE pension fund or state 13,813
highway patrol retirement system, equal to the lesser of the 13,814
amount contributed by the employer to the OHIO police and 13,815
firemen's disability and FIRE pension fund or state highway 13,817
patrol retirement system for that year or the amount that would 13,818
have been contributed by the employer for the year had the member 13,819
been a member of the state teachers retirement system, with 13,820
interest on that amount from the last day of the year for which 13,823
the service credit was earned or in which military service credit 13,824
was purchased or obtained to the date of the transfer. 13,826
On receipt of payment from the member, the state teachers 13,829
retirement system shall notify the OHIO police and firemen's 13,830
disability and FIRE pension fund or the state highway patrol 13,831
retirement system, which, on receipt of the notice, shall make 13,832
the transfer required by this division. Interest shall be 13,833
determined as provided in division (E) of this section. 13,835
A member may choose to purchase only part of the credit the 13,838
member is eligible to purchase under this division in any one 13,839
payment, subject to rules of the state teachers retirement board. 13,840
(C) A member is ineligible to obtain credit under this 13,843
section for service that is used in the calculation of any 13,844
retirement benefit currently being paid or payable in the future. 13,845
(D) If a member of the state teachers retirement system 13,848
who is not a current contributor elects to obtain credit under 13,849
section 742.379 or 5505.202 of the Revised Code for service for 13,850
which the member contributed to the state teachers retirement 13,851
system or purchased credit for service in the armed forces of the 13,852
United States, the state teachers retirement system shall 13,855
transfer to the OHIO police and firemen's disability and FIRE 13,857
pension fund or state highway patrol retirement system, as 13,858
applicable, the amount specified in division (D) of section 13,859
742.379 or division (B)(2) of section 5505.202 of the Revised 13,861
Code.
308
(E) Interest charged under this section shall be 13,864
calculated separately for each year of service credit at the 13,865
lesser of the actuarial assumption rate for that year of the 13,866
state teachers retirement system or of the fund or retirement 13,867
system in which the credit was earned. The interest shall be 13,868
compounded annually. 13,869
(F) The state teachers retirement board shall credit to a 13,872
member's account in the teachers' savings fund the amounts 13,873
described in divisions (A)(1) and (B)(1) of this section, except 13,875
that the interest paid by the member under division (B)(1) of 13,876
this section shall be credited to the employers' trust fund. The 13,878
board shall credit to the employers' trust fund the amounts
described in divisions (A)(2), (3), and (B)(2) of this section. 13,881
Sec. 3307.74. (A) The state teachers retirement board may 13,890
enter into an agreement with insurance companies, health insuring 13,892
corporations, or government agencies authorized to do business in 13,893
the state for issuance of a policy or contract of health, 13,894
medical, hospital, or surgical benefits, or any combination 13,895
thereof, for those individuals receiving service retirement or a 13,896
disability or survivor benefit subscribing to the plan. 13,898
Notwithstanding any other provision of this chapter, the policy 13,900
or contract may also include coverage for any eligible
individual's spouse and dependent children and for any of the 13,902
individual's sponsored dependents as the board considers 13,903
appropriate. If all or any portion of the policy or contract 13,904
premium is to be paid by any individual receiving service 13,905
retirement or a disability or survivor benefit, the individual 13,906
shall, by written authorization, instruct the board to deduct the 13,908
premium agreed to be paid by the individual to the companies, 13,909
corporations, or agencies. 13,910
The board may contract for coverage on the basis of part or 13,913
all of the cost of the coverage to be paid from appropriate funds 13,914
of the state teachers retirement system. The cost paid from the 13,915
funds of the system shall be included in the employer's 13,917
309
contribution rate provided by section 3307.53 of the Revised 13,918
Code.
The board may provide for self-insurance of risk or level 13,920
of risk as set forth in the contract with the companies, 13,921
corporations, or agencies, and may provide through the 13,922
self-insurance method specific benefits as authorized by the 13,923
rules of the board. 13,924
(B) If the board provides health, medical, hospital, or 13,926
surgical benefits through any means other than a health insuring 13,928
corporation, it shall offer to each individual eligible for the 13,930
benefits the alternative of receiving benefits through enrollment 13,931
in a health insuring corporation, if all of the following apply: 13,933
(1) The health insuring corporation provides health care 13,936
services in the geographical area in which the individual lives; 13,938
(2) The eligible individual was receiving health care 13,940
benefits through a health maintenance organization or a health 13,942
insuring corporation before retirement; 13,943
(3) The rate and coverage provided by the health insuring 13,946
corporation to eligible individuals is comparable to that 13,949
currently provided by the board under division (A) of this
section. If the rate or coverage provided by the health insuring 13,951
corporation is not comparable to that currently provided by the 13,953
board under division (A) of this section, the board may deduct 13,954
the additional cost from the eligible individual's monthly 13,955
benefit.
The health insuring corporation shall accept as an enrollee 13,959
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 13,961
from one plan to another at least once a year at a time 13,962
determined by the board. 13,963
(C) The board shall, beginning the month following receipt 13,965
of satisfactory evidence of the payment for coverage, make a 13,966
monthly payment to each recipient of service retirement, or a 13,967
disability or survivor benefit under the state teachers 13,968
310
retirement system who is eligible for insurance coverage under 13,969
part B of "The Social Security Amendments of 1965," 79 Stat. 301, 13,970
42 U.S.C.A. 1395j, as amended. The payment shall be the greater 13,972
of the following:
(1) Twenty-nine dollars and ninety cents; 13,974
(2) An amount determined by multiplying the basic premium 13,977
for the coverage by a percentage, not exceeding ninety per cent, 13,978
determined by multiplying the years of service used in 13,979
calculating the service retirement or benefit by a percentage 13,980
determined by the board not exceeding three per cent. 13,981
(D) The board shall establish by rule requirements for the 13,983
coordination of any coverage, payment, or benefit provided under 13,985
this section or section 3307.405 of the Revised Code with any 13,987
similar coverage, payment, or benefit made available to the same 13,988
individual by the public employees retirement system, OHIO police 13,989
and firemen's disability and FIRE pension fund, school employees 13,991
retirement system, or state highway patrol retirement system. 13,992
(E) The board shall make all other necessary rules 13,994
pursuant to the purpose and intent of this section. 13,995
Sec. 3309.26. The membership of any person in the school 14,004
employees retirement system shall terminate if the person 14,005
withdraws the person's accumulated contributions, retires on a 14,006
retirement allowance as provided in sections 3309.36, 3309.38, 14,008
and 3309.381 of the Revised Code, or dies, unless otherwise 14,009
provided in Chapter 3309. of the Revised Code. 14,010
A former member with an account in the employees' savings 14,012
fund who formerly lost membership shall be reinstated as a member 14,014
with all the rights, privileges, and obligations as provided in 14,015
Chapter 3309. of the Revised Code.
Except as provided in this section, a member or former 14,018
member of the school employees retirement system with at least 14,019
one and one-half years of contributing service credit in this 14,020
system, the public employees retirement system, the state 14,021
teachers retirement system, the OHIO police and firemen's 14,023
311
disability and FIRE pension fund, or the state highway patrol 14,025
retirement system, subsequent to the withdrawal of contributions 14,026
and cancellation of service credit in this system may restore 14,027
such service credit by redepositing in the employees' savings 14,028
fund the amount withdrawn with interest at a rate to be
determined by the board, compounded annually, from the first of 14,029
the month of withdrawal to and including the month of redeposit. 14,030
A member may choose to purchase only part of such credit in any 14,031
one payment, subject to board rules. The total payment to 14,032
restore cancelled service credit, plus any interest credited 14,033
thereto, shall be considered as accumulated contributions of the 14,034
member. If a former member is eligible to buy the service credit 14,035
as a member of the OHIO police and firemen's disability and FIRE 14,037
pension fund or state highway patrol retirement system, the 14,038
former member is ineligible to restore that service credit under 14,039
this section.
Sec. 3309.31. Service credit purchased under this section 14,048
shall be included in the member's total service credit. Credit 14,049
may be purchased for the following: 14,050
(A) School service in a public or private school, college, 14,052
or university of this or another state, and for school service in 14,053
any school or entity operated by or for the United States 14,054
government. Credit purchased under this section for school 14,055
service shall be limited to service rendered in schools, 14,056
colleges, or universities chartered or accredited by the 14,057
appropriate governmental agency. 14,058
(B) Public service with another state or the United States 14,060
government, provided that such credit shall be limited to service 14,061
that would have been covered by the state teachers retirement 14,062
system, the OHIO police and firemen's disability and FIRE pension 14,064
fund, the state highway patrol retirement system, or the public 14,065
employees retirement system if served in a comparable public 14,066
position in this state. 14,067
(C) Service for which contributions were made by the 14,069
312
member or on his THE MEMBER'S behalf to a municipal retirement 14,070
system in this state. 14,072
The number of years of service purchased under this section 14,075
shall not exceed the lesser of five years or the member's total 14,076
accumulated number of years of Ohio service.
For each year of service purchased under this section, a 14,078
member shall pay to the school employees retirement system for 14,079
credit to his THE MEMBER'S accumulated account an amount equal to 14,081
his THE MEMBER'S retirement contribution for full-time employment 14,082
for the first year of Ohio service following termination of the 14,083
service to be purchased. To this amount shall be added an amount 14,084
equal to compound interest at a rate established by the school 14,085
employees retirement board from the date of membership in the 14,086
school employees retirement system to date of payment. A member 14,087
may choose to purchase only part of such credit in any one 14,088
payment, subject to board rules. 14,089
A member is ineligible to purchase under this section 14,091
service that is used in the calculation of any retirement benefit 14,092
currently being paid or payable in the future to the member under 14,093
any other retirement program, except social security. At the 14,094
time the credit is purchased, the member shall certify on a form 14,095
furnished by the retirement board that he THE MEMBER does and 14,096
will conform to this requirement. 14,098
(D) Credit purchased under this section may be combined 14,100
pursuant to section 3309.35 of the Revised Code with credit 14,101
purchased under sections 145.293 and 3307.32 of the Revised Code, 14,102
except that not more than an aggregate total of five years' 14,103
service credit purchased under this section and sections 145.293 14,104
and 3307.32 of the Revised Code shall be used in determining 14,105
retirement eligibility or calculating benefits under section 14,106
3309.35 of the Revised Code. 14,107
(E) The retirement board shall establish a policy to 14,109
determine eligibility to purchase credit under this section, and 14,110
its decision shall be final. 14,111
313
Sec. 3309.341. (A) As used in this section: 14,120
(1) "SERS retirant" means any person who is receiving a 14,122
retirement allowance from the school employees retirement system 14,123
under section 3309.36, 3309.38, or 3309.381 of the Revised Code. 14,124
(2) "Other system retirant" means a member or former 14,126
member of the public employees retirement system, OHIO police and 14,128
firemen's disability and FIRE pension fund, state teachers 14,129
retirement system, state highway patrol retirement system, or 14,131
Cincinnati retirement system who is receiving age and service or 14,132
commuted age and service retirement, or a disability benefit from 14,133
a system of which he THE RETIRANT is a member or former member. 14,134
(B)(1) An SERS retirant or other system retirant may be 14,136
employed by a public employer. If so employed, the SERS retirant 14,137
or other system retirant shall contribute to the school employees 14,138
retirement system in accordance with section 3309.47 of the 14,139
Revised Code, and the employer shall make contributions in 14,140
accordance with section 3309.49 of the Revised Code. 14,141
(2) An employer that employs an SERS retirant or other 14,143
system retirant shall notify the retirement board of the 14,144
employment not later than the end of the month in which the 14,145
employment commences. On receipt of notice from an employer that 14,146
a person who is an other system retirant has been employed, the 14,147
school employees retirement system shall notify the state 14,148
retirement system of which the other system retirant was a member 14,149
of such employment. 14,150
(C) An SERS retirant or other system retirant who has 14,152
received his A retirement allowance or disability benefit for 14,153
less than two months when employment subject to this section 14,155
commences shall forfeit his THE retirement allowance or 14,156
disability benefit for the period that begins on the date the 14,158
employment commences and ends on the date that is two months 14,159
after the date on which the retirement allowance or disability 14,160
benefit commenced. Service and contributions for that period 14,161
shall not be included in the calculation of any benefits payable 14,162
314
to the SERS retirant or other system retirant, and those 14,163
contributions shall be refunded on his death or termination of 14,164
the employment.
(D) On receipt of notice from the OHIO police and 14,166
firemen's disability and FIRE pension fund, public employees 14,168
retirement system, or state teachers retirement system of the 14,170
re-employment of an SERS retirant, the school employees 14,171
retirement system shall not pay, or if paid shall recover, the 14,172
amount to be forfeited by the SERS retirant in accordance with 14,173
section 145.38, 742.26, or 3307.381 of the Revised Code. 14,174
(E)(1) On termination of employment under this section, an 14,176
SERS retirant or other system retirant may file an application 14,177
with the school employees retirement system for a benefit under 14,178
this division, which shall consist of a single life annuity 14,179
having a reserve equal to the amount of his THE RETIRANT'S 14,180
accumulated contributions for the period of employment and an 14,182
equal amount of the employer's contributions, plus interest 14,183
credited to the date of retirement at the rate provided in 14,184
division (I)(2) of section 3309.01 of the Revised Code. The SERS 14,185
retirant or other system retirant shall elect either to receive 14,186
the benefit as a monthly annuity for his life or a lump-sum 14,187
payment discounted to the present value using the current 14,188
actuarial assumption rate of interest, except that if his THE 14,189
monthly annuity would be less than twenty-five dollars per month, 14,191
he THE RETIRANT shall receive a lump-sum payment.
(2) A benefit payable under this division shall commence 14,193
on the first day of the month after the latest of the following: 14,194
(a) The last day for which compensation for employment 14,196
subject to this section was paid; 14,197
(b) Attainment by the SERS retirant or other system 14,199
retirant of age sixty-five; 14,200
(c) If the SERS retirant or other system retirant was 14,202
previously employed under this section and is receiving or 14,203
previously received a benefit under this division, completion of 14,204
315
a period of twelve months since the effective date of that 14,205
benefit. 14,206
(3) An SERS retirant or other system retirant subject to 14,208
this section is not a member of the school employees retirement 14,209
system; does not have any of the rights, privileges, or 14,210
obligations of membership, except as specified in this section; 14,211
and is not eligible to receive health, medical, hospital, or 14,212
surgical benefits under section 3309.69 of the Revised Code for 14,213
employment subject to this section. No amount received under 14,214
this division shall be included in determining an additional 14,215
benefit under section 3309.374 of the Revised Code or any other 14,216
post-retirement benefits. 14,217
(F)(1) If an SERS retirant or other system retirant dies 14,219
while employed in employment subject to this section, a lump-sum 14,220
payment calculated in accordance with division (E)(1) of this 14,221
section shall be paid to the beneficiary under division (H) of 14,222
this section. 14,223
(2) If at the time of his death an SERS retirant or other 14,225
system retirant receiving a monthly annuity has received less 14,226
than he THE RETIRANT would have received as a lump-sum payment, 14,228
the difference between the amount he received and the amount he 14,230
THAT would have BEEN received as a lump-sum payment shall be paid 14,232
to his THE RETIRANT'S beneficiary under division (H) of this 14,234
section.
(G) If the disability benefit of an other system retirant 14,236
employed under this section is terminated, he THE RETIRANT shall 14,237
become a member of the school employees retirement system, 14,239
effective on the first day of the month next following the 14,240
termination, with all the rights, privileges, and obligations of 14,241
membership. If such person THE RETIRANT, after the termination 14,242
of his THE disability benefit, earns two years of service credit 14,245
under this retirement system or under the public employees 14,246
retirement system, OHIO police and firemen's disability and FIRE 14,247
pension fund, state teachers retirement system, or state highway 14,249
316
patrol retirement system, his THE RETIRANT'S prior contributions 14,251
as an other system retirant under this section shall be included 14,252
in his THE RETIRANT'S total service credit as a school employees 14,254
retirement system member, and he THE RETIRANT shall forfeit all 14,255
rights and benefits of this section. Not more than one year of 14,256
credit may be given for any period of twelve months. 14,257
(H) An SERS retirant or other system retirant employed 14,259
under this section may designate one or more persons as 14,260
beneficiary to receive any benefits payable under this section 14,261
due to his death. The designation shall be in writing duly 14,262
executed on a form provided by the school employees retirement 14,263
board, signed by the SERS retirant or other system retirant, and 14,264
filed with the board prior to his death. The last designation of 14,265
a beneficiary revokes all previous designations. The SERS 14,266
retirant's or other system retirant's marriage, divorce, marriage 14,267
dissolution, legal separation, withdrawal of account, birth of 14,268
his THE RETIRANT'S child, or adoption of a child revokes all 14,269
previous designations. If there is no designated beneficiary, 14,271
the beneficiary is the beneficiary designated under division (D) 14,272
of section 3309.44 of the Revised Code. If any benefit payable 14,273
under this section due to the death of an SERS retirant or other 14,274
system retirant is not claimed by a beneficiary within five years 14,275
after the death, the amount payable shall be transferred to the 14,276
guarantee fund and thereafter paid to the beneficiary or the 14,277
estate of the SERS retirant or other system retirant on 14,278
application to the board. 14,279
(I) This section does not affect the receipt of benefits 14,281
by or eligibility for benefits of any person who on August 29, 14,282
1976, was receiving a disability benefit or service retirement 14,283
pension or allowance from a state or municipal retirement system 14,284
in Ohio and was a member of any other state or municipal 14,285
retirement system of this state. 14,286
(J) The school employees retirement board may adopt rules 14,288
to carry out this section. 14,289
317
Sec. 3309.351. (A) A member of the school employees 14,298
retirement system who has contributions on deposit with the OHIO 14,299
police and firemen's disability and FIRE pension fund or the 14,301
state highway patrol retirement system shall, in computing years 14,303
of total service, be given full credit for service credit earned 14,304
under Chapter 742. or 5505. of the Revised Code or purchased for 14,306
service in the armed forces of the United States if a transfer to 14,307
the school employees retirement system is made under this 14,308
division. At the request of the member, the OHIO police and 14,309
firemen's disability and FIRE pension fund or state highway 14,310
patrol retirement system shall transfer to the school employees 14,312
retirement system, for each year of service, the sum of the 14,313
following: 14,314
(1) An amount equal to the member's payments for service 14,316
in the armed forces of the United States and accumulated 14,317
contributions to the transferring fund or system; 14,318
(2) An amount equal to the lesser of the employer's 14,320
contributions to the OHIO police and firemen's disability and 14,322
FIRE pension fund or state highway patrol retirement system or 14,324
the amount that would have been contributed by the employer for 14,325
the service had the member been a member of the school employees
retirement system; 14,326
(3) Interest, determined as provided in division (E) of 14,328
this section, on the amounts specified in divisions (A)(1) and 14,329
(2) of this section from the last day of the year for which the 14,332
service credit was earned or in which military service credit was 14,333
purchased or obtained to the date the transfer is made. 14,334
(B) A member who has at least eighteen months of 14,336
contributing service with the school employees retirement system, 14,337
is a former member of the OHIO police and firemen's disability 14,338
and FIRE pension fund or state highway patrol retirement system, 14,340
and has received a refund of contributions to that fund or system 14,341
shall, in computing years of total service, be given full credit
for service credit earned under Chapter 742. or 5505. of the 14,342
318
Revised Code or purchased for service in the armed forces of the 14,344
United States if, for each year of service, the school employees 14,345
retirement system receives the sum of the following: 14,346
(1) An amount, which shall be paid by the member, equal to 14,348
the amount refunded by the OHIO police and firemen's disability 14,349
and FIRE pension fund or the state highway patrol retirement 14,351
system to the member for that year for accumulated contributions 14,352
and payments for purchase of credit for service in the armed
forces of the United States, with interest on that amount from 14,354
the date of the refund to the date of the payment; 14,357
(2) Interest, which shall be transferred by the OHIO 14,360
police and firemen's disability and FIRE pension fund or state 14,361
highway patrol retirement system, on the amount refunded to the 14,363
member that is attributable to the year of service from the last 14,365
day of the year for which the service credit was earned or in 14,366
which military service credit was purchased or obtained to the 14,367
date the refund was made; 14,368
(3) An amount, which shall be transferred by the OHIO 14,370
police and firemen's disability and FIRE pension fund or state 14,372
highway patrol retirement system, that is equal to the lesser of 14,374
the amount contributed by the employer to the OHIO police and 14,376
firemen's disability and FIRE pension fund or state highway
patrol retirement system for that year or the amount that would 14,378
have been contributed by the employer for the year had the member 14,379
been a member of the school employees retirement system, with 14,380
interest on that amount from the last day of the year for which 14,382
the service credit was earned or in which military service credit 14,383
was purchased or obtained to the date of the transfer. 14,384
On receipt of payment from the member, the school employees 14,386
retirement system shall notify the OHIO police and firemen's 14,387
disability and FIRE pension fund or the state highway patrol 14,389
retirement system, which, on receipt of the notice, shall make 14,390
the transfer required by this division. Interest shall be
determined as provided in division (E) of this section. The 14,391
319
member may choose to purchase only part of such credit in any one 14,392
payment, subject to board rules. 14,393
(C) A member is ineligible to obtain service credit under 14,396
this section for service that is used in the calculation of any 14,397
retirement benefit currently being paid or payable in the future 14,398
to the member. 14,399
Service credit obtained under this section shall be 14,401
considered the equivalent of Ohio service credit. 14,402
(D) If a member of the school employees retirement system 14,404
who is not a current contributor elects to obtain credit under 14,405
section 742.379 or 5505.202 of the Revised Code for service for 14,406
which the member contributed to the school employees retirement 14,408
system or purchased credit for service in the armed forces of the 14,409
United States, the school employees retirement system shall 14,410
transfer to the OHIO police and firemen's disability and FIRE 14,411
pension fund or state highway patrol retirement system, as 14,412
applicable, the amount specified in division (D) of section 14,413
742.379 or division (B)(2) of section 5505.202 of the Revised 14,414
Code.
(E) Interest charged under this section shall be 14,417
calculated separately for each year of service credit at the
lesser of the actuarial assumption rate for that year of the 14,418
school employees retirement system or of the fund or retirement 14,419
system in which the credit was earned. The interest shall be 14,420
compounded annually.
Sec. 3309.69. (A) As used in this section, "ineligible 14,429
individual" means all of the following: 14,430
(1) A former member receiving benefits pursuant to section 14,432
3309.34, 3309.35, 3309.36, 3309.38, or 3309.381 of the Revised 14,433
Code for whom eligibility is established more than five years 14,434
after June 13, 1981, and who, at the time of establishing 14,435
eligibility, has accrued less than ten years of service credit, 14,436
exclusive of credit obtained after January 29, 1981, pursuant to 14,437
sections 3309.021, 3309.301, 3309.31, and 3309.33 of the Revised 14,438
320
Code; 14,439
(2) The spouse of the former member; 14,441
(3) The beneficiary of the former member receiving 14,443
benefits pursuant to section 3309.46 of the Revised Code. 14,444
(B) The school employees retirement board may enter into 14,446
an agreement with insurance companies, health insuring 14,448
corporations, or government agencies authorized to do business in 14,450
the state for issuance of a policy or contract of health, 14,451
medical, hospital, or surgical benefits, or any combination 14,452
thereof, for those individuals receiving service retirement or a 14,453
disability or survivor benefit subscribing to the plan and their 14,455
eligible dependents.
If all or any portion of the policy or contract premium is 14,457
to be paid by any individual receiving service retirement or a 14,459
disability or survivor benefit, the person shall, by written 14,460
authorization, instruct the board to deduct the premiums agreed 14,461
to be paid by the individual to the companies, corporations, or 14,463
agencies.
The board may contract for coverage on the basis of part or 14,466
all of the cost of the coverage to be paid from appropriate funds 14,467
of the school employees retirement system. The cost paid from 14,468
the funds of the system shall be included in the employer's 14,470
contribution rate provided by sections 3309.49 and 3309.491 of 14,471
the Revised Code. The board shall not pay or reimburse the cost 14,472
for health care under this section or section 3309.375 of the 14,473
Revised Code for any ineligible individual. 14,474
The board may provide for self-insurance of risk or level 14,476
of risk as set forth in the contract with the companies, 14,477
corporations, or agencies, and may provide through the 14,478
self-insurance method specific benefits as authorized by the 14,479
rules of the board. 14,480
(C) If the board provides health, medical, hospital, or 14,482
surgical benefits through any means other than a health insuring 14,484
corporation, it shall offer to each individual eligible for the 14,487
321
benefits the alternative of receiving benefits through enrollment 14,489
in a health insuring corporation, if all of the following apply: 14,491
(1) The health insuring corporation provides health care 14,494
services in the geographical area in which the individual lives; 14,496
(2) The eligible individual was receiving health care 14,498
benefits through a health maintenance organization or a health 14,499
insuring corporation before retirement; 14,501
(3) The rate and coverage provided by the health insuring 14,504
corporation to eligible individuals is comparable to that 14,506
currently provided by the board under division (B) of this 14,507
section. If the rate or coverage provided by the health insuring 14,508
corporation is not comparable to that currently provided by the 14,510
board under division (B) of this section, the board may deduct 14,511
the additional cost from the eligible individual's monthly 14,512
benefit.
The health insuring corporation shall accept as an enrollee 14,516
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 14,518
from one plan to another at least once a year at a time 14,519
determined by the board. 14,520
(D) The board shall, beginning the month following receipt 14,522
of satisfactory evidence of the payment for coverage, make a 14,523
monthly payment to each recipient of service retirement, or a 14,524
disability or survivor benefit under the school employees 14,525
retirement system who is eligible for insurance coverage under 14,526
part B of "The Social Security Amendments of 1965," 79 Stat. 301, 14,527
42 U.S.C.A. 1395j, as amended, except that the board shall make 14,528
no such payment to any ineligible individual. Effective on the 14,529
first day of the month after the effective date of this amendment 14,530
DECEMBER 8, 1998, the amount of the payment shall be the lesser 14,533
of an amount equal to the basic premium for such coverage, or an 14,534
amount equal to the basic premium in effect on January 1, 1992. 14,535
(E) The board shall establish by rule requirements for the 14,537
coordination of any coverage, payment, or benefit provided under 14,539
322
this section or section 3309.375 of the Revised Code with any 14,541
similar coverage, payment, or benefit made available to the same 14,542
individual by the public employees retirement system, OHIO police 14,543
and firemen's disability and FIRE pension fund, state teachers 14,545
retirement system, or state highway patrol retirement system. 14,546
(F) The board shall make all other necessary rules 14,548
pursuant to the purpose and intent of this section. 14,549
Sec. 3318.26. (A) Subject to the limitations provided in 14,558
section 3318.29 of the Revised Code, the issuing authority, upon 14,559
the certification by the Ohio school facilities commission to the 14,561
issuing authority of the amount of moneys or additional moneys 14,562
needed in the school districts facilities fund for the purpose of 14,563
making loans for allowable costs from such fund or in the school 14,564
building program assistance fund for the purposes of sections 14,565
3318.01 to 3318.20 of the Revised Code, or needed for capitalized 14,566
interest, for funding reserves, and for paying costs and expenses 14,567
incurred in connection with the issuance, carrying, securing, 14,568
paying, redeeming, or retirement of the obligations or any 14,569
obligations refunded thereby, including payment of costs and 14,570
expenses relating to letters of credit, lines of credit, 14,571
insurance, put agreements, standby purchase agreements, indexing, 14,572
marketing, remarketing and administrative arrangements, interest 14,573
swap or hedging agreements, and any other credit enhancement, 14,574
liquidity, remarketing, renewal, or refunding arrangements, all 14,575
of which are authorized by this section, shall issue obligations 14,576
of the state under this section in the required amount. The 14,577
proceeds of such obligations, except for obligations issued to 14,579
provide moneys for the school building program assistance fund or 14,580
except for such portion to be deposited in special funds, 14,581
including reserve funds, as may be provided in the bond 14,582
proceedings, shall as provided in the bond proceedings be 14,583
deposited by the treasurer of state to the school districts 14,584
facilities fund. The issuing authority may appoint trustees, 14,585
paying agents, and transfer agents and may retain the services of 14,586
323
financial advisors and accounting experts and retain or contract 14,587
for the services of marketing, remarketing, indexing, and 14,588
administrative agents, other consultants, and independent 14,589
contractors, including printing services, as are necessary in the 14,590
issuing authority's judgment to carry out this section. The 14,591
costs of such services are payable from the school districts 14,592
facilities fund, the school building program assistance fund, or 14,593
any special fund determined by the issuing authority. 14,594
(B) The holders or owners of such obligations shall have 14,596
no right to have moneys raised by taxation obligated or pledged, 14,597
and moneys raised by taxation shall not be obligated or pledged, 14,598
for the payment of bond service charges. Such holders or owners 14,599
shall have no rights to payment of bond service charges from any 14,600
money or property received by the commission, treasurer of state, 14,603
or the state, or from any other use of the proceeds of the sale 14,604
of the obligations, and no such moneys may be used for the 14,605
payment of bond service charges, except for accrued interest, 14,606
capitalized interest, and reserves funded from proceeds received 14,607
upon the sale of the obligations and except as otherwise 14,608
expressly provided in the applicable bond proceedings pursuant to 14,609
written directions by the treasurer of state. The right of such 14,610
holders and owners to payment of bond service charges shall be 14,611
limited to all or that portion of the pledged receipts and those 14,612
special funds pledged thereto pursuant to the bond proceedings in 14,613
accordance with this section, and each such obligation shall bear 14,614
on its face a statement to that effect.
(C) Obligations shall be authorized by resolution or order 14,616
of the issuing authority and the bond proceedings shall provide 14,617
for the purpose thereof and the principal amount or amounts, and 14,618
shall provide for or authorize the manner or agency for 14,619
determining the principal maturity or maturities, not exceeding 14,620
the limits specified in section 3318.29 of the Revised Code, the 14,621
interest rate or rates or the maximum interest rate, the date of 14,622
the obligations and the dates of payment of interest thereon, 14,623
324
their denomination, and the establishment within or without the 14,624
state of a place or places of payment of bond service charges. 14,625
Sections 9.98 to 9.983 of the Revised Code are applicable to 14,626
obligations issued under this section, subject to any applicable 14,627
limitation under section 3318.29 of the Revised Code. The 14,628
purpose of such obligations may be stated in the bond proceedings 14,629
in terms describing the general purpose or purposes to be served. 14,630
The bond proceedings shall also provide, subject to the 14,631
provisions of any other applicable bond proceedings, for the 14,632
pledge of all, or such part as the issuing authority may 14,633
determine, of the pledged receipts and the applicable special 14,634
fund or funds to the payment of bond service charges, which 14,635
pledges may be made either prior or subordinate to other 14,636
expenses, claims, or payments, and may be made to secure the 14,637
obligations on a parity with obligations theretofore or 14,638
thereafter issued, if and to the extent provided in the bond 14,639
proceedings. The pledged receipts and special funds so pledged 14,640
and thereafter received by the state are immediately subject to 14,641
the lien of such pledge without any physical delivery thereof or 14,642
further act, and the lien of any such pledges is valid and 14,643
binding against all parties having claims of any kind against the 14,644
state or any governmental agency of the state, irrespective of 14,645
whether such parties have notice thereof, and shall create a 14,646
perfected security interest for all purposes of Chapter 1309. of 14,647
the Revised Code, without the necessity for separation or 14,648
delivery of funds or for the filing or recording of the bond 14,649
proceedings by which such pledge is created or any certificate, 14,650
statement or other document with respect thereto; and the pledge 14,651
of such pledged receipts and special funds is effective and the 14,652
money therefrom and thereof may be applied to the purposes for 14,653
which pledged without necessity for any act of appropriation, 14,654
except as required by section 3770.06 of the Revised Code. Every 14,655
pledge, and every covenant and agreement made with respect 14,656
thereto, made in the bond proceedings may therein be extended to 14,657
325
the benefit of the owners and holders of obligations authorized 14,658
by this section, and to any trustee therefor, for the further 14,659
security of the payment of the bond service charges. 14,660
(D) The bond proceedings may contain additional provisions 14,662
as to: 14,663
(1) The redemption of obligations prior to maturity at the 14,665
option of the issuing authority at such price or prices and under 14,666
such terms and conditions as are provided in the bond 14,667
proceedings; 14,668
(2) Other terms of the obligations; 14,670
(3) Limitations on the issuance of additional obligations; 14,672
(4) The terms of any trust agreement or indenture securing 14,674
the obligations or under which the same may be issued; 14,675
(5) The deposit, investment and application of special 14,677
funds, and the safeguarding of moneys on hand or on deposit, 14,678
without regard to Chapter 131., 133., or 135. of the Revised 14,679
Code, but subject to any special provisions of sections 3318.21 14,680
to 3318.29 of the Revised Code, with respect to particular funds 14,681
or moneys, provided that any bank or trust company that acts as 14,682
depository of any moneys in the special funds may furnish such 14,683
indemnifying bonds or may pledge such securities as required by 14,684
the issuing authority; 14,685
(6) Any or every provision of the bond proceedings being 14,687
binding upon such officer, board, commission, authority, agency, 14,688
department, or other person or body as may from time to time have 14,689
the authority under law to take such actions as may be necessary 14,690
to perform all or any part of the duty required by such 14,691
provision; 14,692
(7) Any provision that may be made in a trust agreement or 14,695
indenture;
(8) The lease or sublease of any interest of the school 14,697
district or the state in one or more projects as defined in 14,698
division (C) of section 3318.01 of the Revised Code, or in one or 14,699
more permanent improvements, to or from the issuing authority, as 14,700
326
provided in one or more lease or sublease agreements between the
school or the state and the issuing authority; 14,701
(9) Any other or additional agreements with the holders of 14,703
the obligations, or the trustee therefor, relating to the 14,704
obligations or the security therefor, including in the case of 14,705
obligations issued to provide moneys for the school district 14,706
facilities fund the assignment of security obtained or to be 14,707
obtained for loans under section 3318.24 of the Revised Code. 14,708
(E) The obligations may have the great seal of the state 14,710
or a facsimile thereof affixed thereto or printed thereon. The 14,711
obligations and any coupons pertaining to obligations shall be 14,712
signed or bear the facsimile signature of the issuing authority. 14,713
Any obligations or coupons may be executed by the person who, on 14,714
the date of execution, is the proper issuing authority although 14,715
on the date of such bonds or coupons such person was not the 14,716
issuing authority. In case the issuing authority whose signature 14,717
or a facsimile of whose signature appears on any such obligation 14,718
or coupon ceases to be the issuing authority before delivery 14,719
thereof, such signature or facsimile is nevertheless valid and 14,720
sufficient for all purposes as if the issuing authority had 14,721
remained the issuing authority until such delivery; and in case 14,723
the seal to be affixed to obligations has been changed after a 14,724
facsimile of the seal has been imprinted on such obligations, 14,725
such facsimile seal shall continue to be sufficient as to such 14,726
obligations and obligations issued in substitution or exchange 14,727
therefor.
(F) All obligations are negotiable instruments and 14,729
securities under Chapter 1308. of the Revised Code, subject to 14,730
the provisions of the bond proceedings as to registration. The 14,731
obligations may be issued in coupon or in registered form, or 14,732
both, as the issuing authority determines. Provision may be made 14,733
for the registration of any obligations with coupons attached 14,734
thereto as to principal alone or as to both principal and 14,735
interest, their exchange for obligations so registered, and for 14,736
327
the conversion or reconversion into obligations with coupons 14,737
attached thereto of any obligations registered as to both 14,738
principal and interest, and for reasonable charges for such 14,739
registration, exchange, conversion, and reconversion. 14,740
(G) Obligations may be sold at public sale or at private 14,742
sale, as determined in the bond proceedings. 14,743
(H) Pending preparation of definitive obligations, the 14,745
issuing authority may issue interim receipts or certificates 14,746
which shall be exchanged for such definitive obligations. 14,747
(I) In the discretion of the issuing authority, 14,749
obligations may be secured additionally by a trust agreement or 14,750
indenture between the issuing authority and a corporate trustee 14,751
which may be any trust company or bank having its principal place 14,752
of business within the state. Any such agreement or indenture 14,753
may contain the resolution or order authorizing the issuance of 14,754
the obligations, any provisions that may be contained in any bond 14,755
proceedings, and other provisions that are customary or 14,756
appropriate in an agreement or indenture of such type, including, 14,757
but not limited to: 14,758
(1) Maintenance of each pledge, trust agreement, 14,760
indenture, or other instrument comprising part of the bond 14,761
proceedings until the state has fully paid the bond service 14,762
charges on the obligations secured thereby, or provision therefor 14,763
has been made; 14,764
(2) In the event of default in any payments required to be 14,766
made by the bond proceedings, or any other agreement of the 14,767
issuing authority made as a part of the contract under which the 14,768
obligations were issued, enforcement of such payments or 14,769
agreement by mandamus, the appointment of a receiver, suit in 14,770
equity, action at law, or any combination of the foregoing; 14,771
(3) The rights and remedies of the holders of obligations 14,773
and of the trustee, and provisions for protecting and enforcing 14,774
them, including limitations on rights of individual holders of 14,775
obligations; 14,776
328
(4) The replacement of any obligations that become 14,778
mutilated or are destroyed, lost, or stolen; 14,779
(5) Such other provisions as the trustee and the issuing 14,781
authority agree upon, including limitations, conditions, or 14,782
qualifications relating to any of the foregoing. 14,783
(J) Any holder of obligations or a trustee under the bond 14,785
proceedings, except to the extent that the holder's or trustee's 14,787
rights are restricted by the bond proceedings, may by any 14,788
suitable form of legal proceedings, protect and enforce any 14,789
rights under the laws of this state or granted by such bond 14,790
proceedings. Such rights include the right to compel the 14,791
performance of all duties of the issuing authority, the 14,792
commission, or the director of budget and management required by 14,794
sections 3318.21 to 3318.29 of the Revised Code or the bond 14,795
proceedings; to enjoin unlawful activities; and in the event of 14,796
default with respect to the payment of any bond service charges 14,797
on any obligations or in the performance of any covenant or 14,798
agreement on the part of the issuing authority, the commission, 14,799
or the director of budget and management in the bond proceedings, 14,801
to apply to a court having jurisdiction of the cause to appoint a 14,802
receiver to receive and administer the pledged receipts and 14,803
special funds, other than those in the custody of the treasurer 14,804
of state or the commission, which are pledged to the payment of 14,806
the bond service charges on such obligations or which are the 14,807
subject of the covenant or agreement, with full power to pay, and 14,808
to provide for payment of bond service charges on, such 14,809
obligations, and with such powers, subject to the direction of 14,810
the court, as are accorded receivers in general equity cases, 14,811
excluding any power to pledge additional revenues or receipts or 14,812
other income or moneys of the issuing authority or the state or 14,813
governmental agencies of the state to the payment of such 14,814
principal and interest and excluding the power to take possession 14,815
of, mortgage, or cause the sale or otherwise dispose of any 14,816
permanent improvement. 14,817
329
Each duty of the issuing authority and the issuing 14,819
authority's officers and employees, and of each governmental 14,820
agency and its officers, members, or employees, undertaken 14,821
pursuant to the bond proceedings or any agreement or loan made 14,822
under authority of sections 3318.21 to 3318.29 of the Revised 14,823
Code, and in every agreement by or with the issuing authority, is 14,824
hereby established as a duty of the issuing authority, and of 14,825
each such officer, member, or employee having authority to 14,826
perform such duty, specifically enjoined by the law resulting 14,827
from an office, trust, or station within the meaning of section 14,828
2731.01 of the Revised Code. 14,829
The person who is at the time the issuing authority, or the 14,831
issuing authority's officers or employees, are not liable in 14,832
their personal capacities on any obligations issued by the 14,833
issuing authority or any agreements of or with the issuing 14,834
authority. 14,835
(K) The issuing authority may authorize and issue 14,837
obligations for the refunding, including funding and retirement, 14,838
and advance refunding with or without payment or redemption prior 14,839
to maturity, of any obligations previously issued by the issuing 14,840
authority. Such obligations may be issued in amounts sufficient 14,841
for payment of the principal amount of the prior obligations, any 14,842
redemption premiums thereon, principal maturities of any such 14,843
obligations maturing prior to the redemption of the remaining 14,844
obligations on a parity therewith, interest accrued or to accrue 14,845
to the maturity dates or dates of redemption of such obligations, 14,846
and any allowable costs including expenses incurred or to be 14,847
incurred in connection with such issuance and such refunding, 14,848
funding, and retirement. Subject to the bond proceedings 14,849
therefor, the portion of proceeds of the sale of obligations 14,850
issued under this division to be applied to bond service charges 14,851
on the prior obligations shall be credited to an appropriate 14,852
account held by the trustee for such prior or new obligations or 14,853
to the appropriate account in the bond service fund for such 14,854
330
obligations. Obligations authorized under this division shall be 14,855
deemed to be issued for those purposes for which such prior 14,856
obligations were issued and are subject to the provisions of this 14,857
section pertaining to other obligations, except as otherwise 14,858
provided in this section; provided that, unless otherwise 14,859
authorized by the general assembly, any limitations imposed by 14,860
the general assembly pursuant to this section with respect to 14,861
bond service charges applicable to the prior obligations shall be 14,862
applicable to the obligations issued under this division to 14,863
refund, fund, advance refund, or retire such prior obligations. 14,864
(L) The authority to issue obligations under this section 14,866
includes authority to refund or refinance any obligations 14,867
previously issued by the state under sections 3318.21 to 3318.29 14,868
of the Revised Code. 14,869
The authority to issue obligations under this section also 14,871
includes authority to issue obligations in the form of bond 14,872
anticipation notes and to renew the same from time to time by the 14,873
issuance of new notes. The holders of such notes or interest 14,874
coupons pertaining thereto shall have a right to be paid solely 14,875
from the pledged receipts and special funds that may be pledged 14,876
to the payment of the bonds anticipated, or from the proceeds of 14,877
such bonds or renewal notes, or both, as the issuing authority 14,878
provides in the resolution or order authorizing such notes. Such 14,879
notes may be additionally secured by covenants of the issuing 14,880
authority to the effect that the issuing authority and the state 14,881
will do such or all things necessary for the issuance of such 14,882
bonds or renewal notes in appropriate amount, and apply the 14,883
proceeds thereof to the extent necessary, to make full payment of 14,884
the principal of and interest on such notes at the time or times 14,885
contemplated, as provided in such resolution or order. For such 14,886
purpose, the issuing authority may issue bonds or renewal notes 14,887
in such principal amount and upon such terms as may be necessary 14,888
to provide funds to pay when required the principal of and 14,889
interest on such notes, notwithstanding any limitations 14,890
331
prescribed by or for purposes of this section. Subject to this 14,891
division, all provisions for and references to obligations in 14,892
this section are applicable to notes authorized under this 14,893
division. 14,894
The issuing authority in the bond proceedings authorizing 14,896
the issuance of bond anticipation notes shall set forth for such 14,897
bonds an estimated interest rate and a schedule of principal 14,898
payments for such bonds and the annual maturity dates thereof, 14,899
and for purposes of any limitation on bond service charges 14,900
prescribed under section 3318.29 of the Revised Code, the amount 14,901
of bond service charges on such bond anticipation notes shall be 14,902
deemed to be the bond service charges for the bonds anticipated 14,903
thereby as set forth in the bond proceedings applicable to such 14,904
notes, but this provision does not modify any authority in this 14,905
section to pledge pledged receipts and special funds to, and 14,906
covenant to issue bonds to fund, the payment of principal of and 14,907
interest and any premium on such notes. 14,908
(M) Obligations issued under this section are lawful 14,910
investments for banks, societies for savings, savings and loan 14,911
associations, deposit guarantee associations, trust companies, 14,912
trustees, fiduciaries, insurance companies, including domestic 14,913
for life and domestic not for life, trustees or other officers 14,914
having charge of sinking and bond retirement or other special 14,915
funds of political subdivisions and taxing districts of this 14,916
state, the commissioners of the sinking fund of the state, the 14,917
administrator of workers' compensation, the state teachers 14,919
retirement system, the public employees retirement system, the 14,920
school employees retirement system, and the OHIO police and 14,921
firemen's disability and FIRE pension fund, notwithstanding any 14,923
other provisions of the Revised Code or rules adopted pursuant 14,924
thereto by any governmental agency of the state with respect to 14,925
investments by them, and also are acceptable as security for the 14,926
deposit of public moneys.
(N) Unless otherwise provided in any applicable bond 14,928
332
proceedings, moneys to the credit of or in the special funds 14,929
established by or pursuant to this section may be invested by or 14,930
on behalf of the issuing authority only in notes, bonds, or other 14,931
obligations of the United States, or of any agency or 14,932
instrumentality of the United States, obligations guaranteed as 14,934
to principal and interest by the United States, obligations of 14,935
this state or any political subdivision of this state, and 14,936
certificates of deposit of any national bank located in this 14,938
state and any bank, as defined in section 1101.01 of the Revised 14,939
Code, subject to inspection by the superintendent of financial 14,940
institutions. If the law or the instrument creating a trust 14,942
pursuant to division (I) of this section expressly permits 14,943
investment in direct obligations of the United States or an 14,944
agency of the United States, unless expressly prohibited by the 14,945
instrument, such moneys also may be invested in no front end load 14,946
money market mutual funds consisting exclusively of obligations 14,947
of the United States or an agency of the United States and in 14,948
repurchase agreements, including those issued by the fiduciary 14,949
itself, secured by obligations of the United States or an agency 14,950
of the United States; and in collective investment funds 14,951
established in accordance with section 1111.14 of the Revised 14,953
Code and consisting exclusively of any such securities, 14,954
notwithstanding division (A)(1)(c) of that section. The income 14,956
from such investments shall be credited to such funds as the 14,958
issuing authority determines, and such investments may be sold at 14,959
such times as the issuing authority determines or authorizes. 14,960
(O) Provision may be made in the applicable bond 14,962
proceedings for the establishment of separate accounts in the 14,963
bond service fund and for the application of such accounts only 14,964
to the specified bond service charges on obligations pertinent to 14,965
such accounts and bond service fund and for other accounts 14,966
therein within the general purposes of such fund. Unless 14,967
otherwise provided in any applicable bond proceedings, moneys to 14,968
the credit of or in the several special funds established 14,969
333
pursuant to this section shall be disbursed on the order of the 14,970
treasurer of state, provided that no such order is required for 14,971
the payment from the bond service fund when due of bond service 14,972
charges on obligations. 14,973
(P) The issuing authority may pledge all, or such portion 14,975
as the issuing authority determines, of the pledged receipts to 14,976
the payment of bond service charges on obligations issued under 14,977
this section, and for the establishment and maintenance of any 14,978
reserves, as provided in the bond proceedings, and make other 14,979
provisions therein with respect to pledged receipts as authorized 14,980
by this chapter, which provisions shall be controlling 14,981
notwithstanding any other provisions of law pertaining thereto. 14,982
(Q) The issuing authority may covenant in the bond 14,984
proceedings, and any such covenants shall be controlling 14,985
notwithstanding any other provision of law, that the state and 14,986
applicable officers and governmental agencies of the state, 14,987
including the general assembly, so long as any obligations are 14,989
outstanding, shall:
(1) Maintain statutory authority for and cause to be 14,991
operated the state lottery, including the transfers to and from 14,992
the lottery profits education fund created in section 3770.06 of 14,993
the Revised Code so that the pledged receipts shall be sufficient 14,994
in amount to meet bond service charges, and the establishment and 14,995
maintenance of any reserves and other requirements provided for 14,996
in the bond proceedings; 14,997
(2) Take or permit no action, by statute or otherwise, 14,999
that would impair the exclusion from gross income for federal 15,000
income tax purposes of the interest on any obligations designated 15,001
by the bond proceeding as tax-exempt obligations. 15,002
(R) There is hereby created the school building program 15,004
bond service fund, which shall be in the custody of the treasurer 15,005
of state but shall be separate and apart from and not a part of 15,006
the state treasury. All moneys received by or on account of the 15,007
issuing authority or state agencies and required by the 15,008
334
applicable bond proceedings, consistent with this section, to be 15,009
deposited, transferred, or credited to the school building 15,010
program bond service fund, and all other moneys transferred or 15,011
allocated to or received for the purposes of the fund, shall be 15,012
deposited and credited to such fund and to any separate accounts 15,013
therein, subject to applicable provisions of the bond 15,014
proceedings, but without necessity for any act of appropriation, 15,015
except as required by section 3770.06 of the Revised Code. 15,016
During the period beginning with the date of the first issuance 15,017
of obligations and continuing during such time as any such 15,018
obligations are outstanding, and so long as moneys in the school 15,019
building program bond service fund are insufficient to pay all 15,020
bond service charges on such obligations becoming due in each 15,021
year, a sufficient amount of the moneys from the lottery profits 15,022
education fund included in pledged receipts, subject to 15,023
appropriation for such purpose as provided in section 3770.06 of 15,024
the Revised Code, are committed and shall be paid to the school 15,025
building program bond service fund in each year for the purpose 15,026
of paying the bond service charges becoming due in that year. 15,027
The school building program bond service fund is a trust fund and 15,028
is hereby pledged to the payment of bond service charges solely 15,029
on obligations issued to provide moneys for the school building 15,030
program assistance fund to the extent provided in the applicable 15,031
bond proceedings, and payment thereof from such fund shall be 15,032
made or provided for by the treasurer of state in accordance with 15,033
such bond proceedings without necessity for any act of 15,034
appropriation except as required by section 3770.06 of the 15,035
Revised Code. 15,036
(S) There is hereby created the school facilities bond 15,038
service fund, which shall be in the custody of the treasurer of 15,039
state but shall be separate and apart from and not a part of the 15,040
state treasury. All moneys received by or on account of the 15,041
issuing authority or state agencies and required by the 15,042
applicable bond proceedings, consistent with this section, to be 15,043
335
deposited, transferred, or credited to the school facilities bond 15,044
service fund, and all other moneys transferred or allocated to or 15,045
received for the purposes of the fund, shall be deposited and 15,046
credited to such fund and to any separate accounts therein, 15,047
subject to applicable provisions of the bond proceedings, but 15,048
without necessity for any act of appropriation. During the 15,049
period beginning with the date of the first issuance of 15,050
obligations and continuing during such time as any such 15,051
obligations are outstanding, and so long as moneys in the school 15,052
facilities bond service fund are insufficient to pay all bond 15,053
service charges on such obligations becoming due in each year, a 15,054
sufficient amount of the moneys from the public school building 15,055
fund included in pledged receipts are committed and shall be paid 15,056
to the bond service fund in each year for the purpose of paying 15,057
the bond service charges becoming due in that year. The school 15,058
facilities bond service fund is a trust fund and is hereby 15,059
pledged to the payment of bond service charges on obligations 15,060
issued to provide moneys for the school districts facilities fund 15,061
to the extent provided in the applicable bond proceedings, and 15,062
payment thereof from such fund shall be made or provided for by 15,063
the treasurer of state in accordance with such bond proceedings 15,064
without necessity for any act or OF appropriation. 15,065
(T) The obligations, the transfer thereof, and the income 15,067
therefrom, including any profit made on the sale thereof, at all 15,069
times shall be free from taxation within the state.
Sec. 3345.12. (A) As used in this section and sections 15,078
3345.07 and 3345.11 of the Revised Code, in other sections of the 15,079
Revised Code that make reference to this section unless the 15,080
context does not permit, and in related bond proceedings unless 15,081
otherwise expressly provided:
(1) "State university or college" means each of the state 15,083
universities identified in section 3345.011 of the Revised Code, 15,084
the northeastern Ohio universities college of medicine, and the 15,085
medical college of Ohio at Toledo, and includes its board of 15,086
336
trustees. 15,087
(2) "Institution of higher education" or "institution" 15,089
means a state university or college, or a community college 15,090
district, technical college district, university branch district, 15,091
or state community college, and includes the applicable board of 15,092
trustees or, in the case of a university branch district, any 15,093
other managing authority.
(3) "Housing and dining facilities" means buildings, 15,095
structures, and other improvements, and equipment, real estate, 15,096
and interests in real estate therefor, to be used for or in 15,097
connection with dormitories or other living quarters and 15,098
accommodations, or related dining halls or other food service and 15,100
preparation facilities, for students, members of the faculty, 15,101
officers, or employees of the institution of higher education, 15,102
and their spouses and families.
(4) "Auxiliary facilities" means buildings, structures, 15,104
and other improvements, and equipment, real estate, and interests 15,105
in real estate therefor, to be used for or in connection with 15,106
student activity or student service facilities, housing and 15,107
dining facilities, dining halls, and other food service and 15,109
preparation facilities, vehicular parking facilities, bookstores, 15,110
athletic and recreational facilities, faculty centers, 15,111
auditoriums, assembly and exhibition halls, hospitals, 15,112
infirmaries and other medical and health facilities, research, 15,113
and continuing education facilities.
(5) "Education facilities" means buildings, structures, 15,115
and other improvements, and equipment, real estate, and interests 15,116
in real estate therefor, to be used for or in connection with, 15,117
classrooms or other instructional facilities, libraries, 15,118
administrative and office facilities, and other facilities, other 15,119
than auxiliary facilities, to be used directly or indirectly for 15,120
or in connection with the conduct of the institution of higher
education. 15,121
(6) "Facilities" means housing and dining facilities, 15,123
337
auxiliary facilities, or education facilities, and includes any 15,125
one, part of, or any combination of such facilities, and further 15,126
includes site improvements, utilities, machinery, furnishings, 15,127
and any separate or connected buildings, structures, 15,128
improvements, sites, open space and green space areas, utilities
or equipment to be used in, or in connection with the operation 15,129
or maintenance of, or supplementing or otherwise related to the 15,130
services or facilities to be provided by, such facilities. 15,131
(7) "Obligations" means bonds or notes or other evidences 15,133
of obligation, including interest coupons pertaining thereto, 15,134
authorized to be issued under this section or section 3345.07, 15,135
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised 15,136
Code.
(8) "Bond service charges" means principal, including any 15,139
mandatory sinking fund or redemption requirements for the
retirement of obligations, interest, or interest equivalent and 15,140
other accreted amounts, and any call premium required to be paid 15,142
on obligations.
(9) "Bond proceedings" means the resolutions, trust 15,145
agreement, indenture, and other agreements and credit enhancement 15,146
facilities, and amendments and supplements to the foregoing, or 15,147
any one or more or combination thereof, authorizing, awarding, or 15,148
providing for the terms and conditions applicable to, or 15,149
providing for the security or liquidity of, obligations, and the 15,150
provisions contained in those obligations. 15,151
(10) "Costs of facilities" means the costs of acquiring, 15,153
constructing, reconstructing, rehabilitating, remodeling, 15,154
renovating, enlarging, improving, equipping, or furnishing 15,155
facilities, and the financing thereof, including the cost of 15,156
clearance and preparation of the site and of any land to be used 15,157
in connection with facilities, the cost of any indemnity and 15,158
surety bonds and premiums on insurance, all related direct 15,159
administrative expenses and allocable portions of direct costs of 15,160
the institution of higher education or state agency, cost of 15,161
338
engineering, architectural services, design, plans, 15,162
specifications and surveys, estimates of cost, legal fees, fees
and expenses of trustees, depositories, bond registrars, and 15,164
paying agents for the obligations, cost of issuance of the 15,165
obligations and financing costs and fees and expenses of 15,166
financial advisers and consultants in connection therewith, 15,167
interest on the obligations from the date thereof to the time 15,168
when interest is to be covered by available receipts or other 15,169
sources other than proceeds of the obligations, amounts necessary 15,171
to establish reserves as required by the bond proceedings, costs 15,172
of audits, the reimbursements of all moneys advanced or applied 15,173
by or borrowed from the institution or others, from whatever 15,174
source provided, including any temporary advances from state
appropriations, for the payment of any item or items of cost of 15,176
facilities, and all other expenses necessary or incident to 15,177
planning or determining feasibility or practicability with 15,178
respect to facilities, and such other expenses as may be 15,179
necessary or incident to the acquisition, construction, 15,180
reconstruction, rehabilitation, remodeling, renovation, 15,181
enlargement, improvement, equipment, and furnishing of 15,182
facilities, the financing thereof and the placing of them in use 15,183
and operation, including any one, part of, or combination of such 15,185
classes of costs and expenses.
(11) "Available receipts" means all moneys received by the 15,187
institution of higher education, including income, revenues, and 15,188
receipts from the operation, ownership, or control of facilities, 15,189
grants, gifts, donations, and pledges and receipts therefrom, 15,190
receipts from fees and charges, and the proceeds of the sale of 15,191
obligations, including proceeds of obligations issued to refund 15,192
obligations previously issued, but excluding any special fee, and 15,193
receipts therefrom, charged pursuant to division (D) of section 15,194
154.21 of the Revised Code. 15,195
(12) "Credit enhancement facilities" has the meaning given 15,197
in division (H) of section 133.01 of the Revised Code. 15,198
339
(13) "Financing costs" has the meaning given in division 15,200
(K) of section 133.01 of the Revised Code. 15,201
(14) "Interest" or "interest equivalent" has the meaning 15,203
given in division (R) of section 133.01 of the Revised Code. 15,204
(B) Obligations issued under section 3345.07 or 3345.11 of 15,206
the Revised Code by a state university or college shall be 15,207
authorized by resolution of its board of trustees. Obligations 15,208
issued by any other institution of higher education shall be 15,209
authorized by resolution of its board of trustees, or managing 15,210
directors in the case of certain university branch districts, as 15,212
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code 15,213
apply to obligations. Obligations may be issued to pay costs of 15,214
facilities even if the institution anticipates the possibility of 15,215
a future state appropriation to pay all or a portion of such
costs. 15,216
(C) Obligations shall be secured by a pledge of and lien 15,219
on all or such part of the available receipts of the institution
of higher education as it provides for in the bond proceedings, 15,220
excluding moneys raised by taxation and state appropriations. 15,221
Such pledge and lien may be made prior to all other expenses, 15,222
claims, or payments, excepting any pledge of such available 15,223
receipts previously made to the contrary and except as provided 15,224
by any existing restrictions on the use thereof, or such pledge 15,225
and lien may be made subordinate to such other expenses, claims, 15,226
or payments, as provided in the bond proceedings. Obligations 15,227
may be additionally secured by covenants of the institution to 15,229
make, fix, adjust, collect, and apply such charges, rates, fees, 15,230
rentals, and other items of available receipts as will produce 15,231
pledged available receipts sufficient to meet bond service 15,232
charges, reserve, and other requirements provided for in the bond 15,233
proceedings. Notwithstanding this and any other sections of the 15,234
Revised Code, the holders or owners of the obligations shall not 15,235
be given the right and shall have no right to have excises or 15,236
taxes levied by the general assembly for the payment of bond 15,237
340
service charges thereon, and each such obligation shall bear on 15,238
its face a statement to that effect and to the effect that the 15,239
right to such payment is limited to the available receipts and 15,240
special funds pledged to such purpose under the bond proceedings. 15,241
All pledged available receipts and funds and the proceeds 15,243
of obligations are trust funds and, subject to the provisions of 15,244
this section and the applicable bond proceedings, shall be held, 15,245
deposited, invested, reinvested, disbursed, applied, and used to 15,246
such extent, in such manner, at such times, and for such
purposes, as are provided in the bond proceedings. 15,247
(D) The bond proceedings for obligations shall provide for 15,250
the purpose thereof and the principal amount or maximum principal 15,251
amount, and provide for or authorize the manner of determining 15,252
the principal maturity or maturities, the sale price including 15,253
any permitted discount, the interest rate or rates, which may be 15,254
a variable rate or rates, or the maximum interest rate, the date 15,255
of the obligations and the date or dates of payment of interest 15,256
thereon, their denominations, the manner of sale thereof, and the 15,257
establishment within or without the state of a place or places of 15,258
payment of bond service charges. The bond proceedings also shall 15,259
provide for a pledge of and lien on available receipts of the 15,260
institution of higher education as provided in division (C) of 15,261
this section, and a pledge of and lien on such fund or funds 15,262
provided in the bond proceedings arising from available receipts, 15,263
which pledges and liens may provide for parity with obligations 15,264
theretofore or thereafter issued by the institution. The 15,265
available receipts so pledged and thereafter received by the 15,266
institution and the funds so pledged are immediately subject to 15,267
the lien of such pledge without any physical delivery thereof or 15,268
further act, and the lien of any such pledge is valid and binding 15,269
against all parties having claims of any kind against the 15,270
institution, irrespective of whether such parties have notice 15,272
thereof, and shall create a perfected security interest for all
purposes of Chapter 1309. of the Revised Code, without the 15,273
341
necessity for separation or delivery of funds or for the filing 15,274
or recording of the bond proceedings by which such pledge is 15,275
created or any certificate, statement, or other document with 15,276
respect thereto; and the pledge of such available receipts and 15,277
funds shall be effective and the money therefrom and thereof may 15,278
be applied to the purposes for which pledged without necessity 15,279
for any act of appropriation. 15,280
(E) The bond proceedings may contain additional provisions 15,282
customary or appropriate to the financing or to the obligations 15,284
or to particular obligations, including:
(1) The acquisition, construction, reconstruction, 15,286
equipment, furnishing, improvement, operation, alteration, 15,287
enlargement, maintenance, insurance, and repair of facilities, 15,288
and the duties of the institution of higher education with 15,290
reference thereto;
(2) The terms of the obligations, including provisions for 15,292
their redemption prior to maturity at the option of the 15,293
institution of higher education at such price or prices and under 15,294
such terms and conditions as are provided in the bond 15,295
proceedings;
(3) Limitations on the purposes to which the proceeds of 15,297
the obligations may be applied; 15,298
(4) The rates or rentals or other charges for the use of 15,300
or right to use the facilities financed by the obligations, or 15,301
other properties the revenues or receipts from which are pledged 15,302
to the obligations, and rules for assuring use and occupancy 15,304
thereof, including limitations upon the right to modify such 15,305
rates, rentals, other charges, or regulations;
(5) The use and expenditure of the pledged available 15,307
receipts in such manner and to such extent as shall be 15,308
determined, which may include provision for the payment of the 15,309
expenses of operation, maintenance, and repair of facilities so 15,310
that such expenses, or part thereof, shall be paid or provided as 15,311
a charge prior or subsequent to the payment of bond service 15,312
342
charges and any other payments required to be made by the bond 15,313
proceedings; 15,314
(6) Limitations on the issuance of additional obligations; 15,316
(7) The terms of any trust agreement or indenture securing 15,318
the obligations or under which the same may be issued; 15,319
(8) The deposit, investment, and application of funds, and 15,321
the safeguarding of funds on hand or on deposit without regard to 15,322
Chapter 131. or 135. of the Revised Code, and any bank or trust 15,323
company or other financial institution that acts as depository of 15,324
any moneys under the bond proceedings shall furnish such 15,326
indemnifying bonds or pledge such securities as required by the 15,327
bond proceedings or otherwise by the institution of higher 15,328
education;
(9) The binding effect of any or every provision of the 15,330
bond proceedings upon such officer, board, commission, authority, 15,331
agency, department, or other person or body as may from time to 15,332
time have the authority under law to take such actions as may be 15,333
necessary to perform all or any part of the duty required by such 15,334
provision; 15,335
(10) Any provision that may be made in a trust agreement 15,337
or indenture; 15,338
(11) Any other or additional agreements with respect to 15,340
the facilities of the institution of higher education, their 15,342
operation, the available receipts and funds pledged, and 15,343
insurance of facilities and of the institution its officers and
employees. 15,344
(F) Such obligations may have the seal of the institution 15,346
of higher education or a facsimile thereof affixed thereto or 15,347
printed thereon and shall be executed by such officers as are 15,348
designated in the bond proceedings, which execution may be by 15,349
facsimile signatures. Any obligations may be executed by an 15,350
officer who, on the date of execution, is the proper officer 15,351
although on the date of such obligations such person was not the 15,352
proper officer. In case any officer whose signature or a 15,353
343
facsimile of whose signature appears on any such obligation 15,354
ceases to be such officer before delivery thereof, such signature 15,355
or facsimile is nevertheless valid and sufficient for all 15,356
purposes as if the person had remained such officer until such 15,358
delivery; and in case the seal of the institution has been 15,359
changed after a facsimile of the seal has been imprinted on such 15,360
obligations, such facsimile seal continues to be sufficient as to 15,361
such obligations and obligations issued in substitution or 15,362
exchange therefor. 15,363
(G) All such obligations are negotiable instruments and 15,365
securities under Chapter 1308. of the Revised Code, subject to 15,366
the provisions of the bond proceedings as to registration. The 15,367
obligations may be issued in coupon or in registered form, or 15,368
both. Provision may be made for the registration of any 15,369
obligations with coupons attached thereto as to principal alone 15,370
or as to both principal and interest, their exchange for 15,371
obligations so registered, and for the conversion or reconversion 15,372
into obligations with coupons attached thereto of any obligations 15,373
registered as to both principal and interest, and for reasonable 15,374
charges for such registration, exchange, conversion, and 15,375
reconversion. 15,376
(H) Pending preparation of definitive obligations, the 15,378
institution of higher education may issue interim receipts or 15,379
certificates which shall be exchanged for such definitive 15,380
obligations. 15,381
(I) Such obligations may be secured additionally by a 15,383
trust agreement or indenture between the institution of higher 15,384
education and a corporate trustee, which may be any trust company 15,385
or bank having the powers of a trust company within or without 15,386
this state but authorized to exercise trust powers within this 15,387
state. Any such agreement or indenture may contain the 15,388
resolution authorizing the issuance of the obligations, any 15,389
provisions that may be contained in the bond proceedings as 15,390
authorized by this section, and other provisions which are 15,391
344
customary or appropriate in an agreement or indenture of such 15,392
type, including: 15,393
(1) Maintenance of each pledge, trust agreement, and 15,395
indenture, or other instrument comprising part of the bond 15,396
proceedings until the institution of higher education has fully 15,398
paid the bond service charges on the obligations secured thereby, 15,399
or provision therefor has been made;
(2) In the event of default in any payments required to be 15,401
made by the bond proceedings, or any other agreement of the 15,402
institution of higher education made as a part of the contract 15,404
under which the obligations were issued, enforcement of such 15,405
payments or agreement by mandamus, the appointment of a receiver, 15,406
suit in equity, action at law, or any combination of the 15,407
foregoing;
(3) The rights and remedies of the holders of obligations 15,409
and of the trustee, and provisions for protecting and enforcing 15,410
them, including limitations on rights of individual holders of 15,411
obligations; 15,412
(4) The replacement of any obligations that become 15,414
mutilated or are destroyed, lost, or stolen; 15,415
(5) Such other provisions as the trustee and the 15,417
institution of higher education agree upon, including 15,418
limitations, conditions, or qualifications relating to any of the 15,419
foregoing.
(J) Each duty of the institution of higher education and 15,422
its officers or employees, undertaken pursuant to the bond 15,423
proceedings or any related agreement or lease made under
authority of law, is hereby established as a duty of such 15,424
institution, and of each such officer or employee having 15,425
authority to perform such duty, specially enjoined by law 15,426
resulting from an office, trust, or station within the meaning of 15,427
section 2731.01 of the Revised Code. The persons who are at the 15,428
time the members of the board of trustees or the managing 15,429
directors of the institution or its officers or employees are not 15,430
345
liable in their personal capacities on such obligations, or 15,431
lease, or other agreement of the institution.
(K) The authority to issue obligations includes authority 15,433
to:
(1) Issue obligations in the form of bond anticipation 15,435
notes and to renew them from time to time by the issuance of new 15,436
notes. Such notes are payable solely from the available receipts 15,437
and funds that may be pledged to the payment of such bonds, or 15,438
from the proceeds of such bonds or renewal notes, or both, as the 15,439
institution of higher education provides in its resolution 15,440
authorizing such notes. Such notes may be additionally secured 15,441
by covenants of the institution to the effect that it will do 15,443
such or all things necessary for the issuance of such bonds or 15,444
renewal notes in appropriate amount, and either exchange such 15,445
bonds or renewal notes therefor or apply the proceeds thereof to 15,446
the extent necessary, to make full payment of the bond service 15,447
charges on such notes at the time or times contemplated, as 15,448
provided in such resolution. Subject to the provisions of this 15,449
division, all references to obligations in this section apply to 15,450
such anticipation notes.
(2) Issue obligations to refund, including funding and 15,453
retirement of, obligations previously issued to pay costs of
facilities. Such obligations may be issued in amounts sufficient 15,454
for payment of the principal amount of the obligations to be so 15,455
refunded, any redemption premiums thereon, principal maturities 15,456
of any obligations maturing prior to the redemption of any other 15,457
obligations on a parity therewith to be so refunded, interest 15,458
accrued or to accrue to the maturity date or dates of redemption 15,459
of such obligations, and any expenses incurred or to be incurred 15,460
in connection with such refunding or the issuance of the 15,461
obligations. 15,462
(L) Obligations are lawful investments for banks, 15,465
societies for savings, savings and loan associations, deposit 15,466
guarantee associations, trust companies, trustees, fiduciaries, 15,467
346
insurance companies, including domestic for life and domestic not 15,468
for life, trustees or other officers having charge of sinking and 15,469
bond retirement or other special funds of political subdivisions 15,470
and taxing districts of this state, the commissioners of the 15,471
sinking fund, the administrator of workers' compensation in 15,472
accordance with the investment policy established by the workers' 15,473
compensation oversight commission pursuant to section 4121.12 of 15,474
the Revised Code, the state teachers retirement system, the
public employees retirement system, the public school employees 15,475
retirement system, and the OHIO police and firemen's disability 15,477
and FIRE pension fund, notwithstanding any other provisions of 15,478
the Revised Code or rules adopted pursuant thereto by any state 15,479
agency with respect to investments by them, and are also 15,480
acceptable as security for the deposit of public moneys. 15,481
(M) All facilities purchased, acquired, constructed, or 15,483
owned by an institution of higher education, or financed in whole 15,484
or in part by obligations issued by an institution, and used for 15,485
the purposes of the institution or other publicly owned and 15,486
controlled college or university, is public property used 15,487
exclusively for a public purpose, and such property and the 15,488
income therefrom is exempt from all taxation and assessment 15,489
within this state, including ad valorem and excise taxes. The 15,490
obligations, the transfer thereof, and the income therefrom, 15,491
including any profit made on the sale thereof, are at all times 15,492
free from taxation within the state. The transfer of tangible 15,493
personal property by lease under authority of this section or 15,494
section 3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or 15,495
3358.10 of the Revised Code is not a sale as used in Chapter 15,496
5739. of the Revised Code. 15,497
(N) The authority granted by this section is cumulative 15,499
with the authority granted to institutions of higher education 15,501
under Chapter 154. of the Revised Code, and nothing in this 15,502
section impairs or limits the authority granted by Chapter 154. 15,503
of the Revised Code. In any lease, agreement, or commitment made 15,505
347
by an institution of higher education under Chapter 154. of the 15,506
Revised Code, it may agree to restrict or subordinate any pledge 15,507
it may thereafter make under authority of this section. 15,508
(O) Title to lands acquired under this section and 15,510
sections 3345.07 and 3345.11 of the Revised Code by a state 15,511
university or college shall be taken in the name of the state. 15,512
(P) Except where costs of facilities are to be paid in 15,514
whole or in part from funds appropriated by the general assembly, 15,515
section 125.81 of the Revised Code and the requirement for 15,516
certification with respect thereto under section 153.04 of the 15,517
Revised Code do not apply to such facilities. 15,518
(Q) A state university or college may sell or lease lands 15,521
or interests in land owned by it or by the state for its use, or
facilities authorized to be acquired or constructed by it under 15,522
section 3345.07 or 3345.11 of the Revised Code, to permit the 15,523
purchasers or lessees thereof to acquire, construct, equip, 15,525
furnish, reconstruct, alter, enlarge, remodel, renovate, 15,526
rehabilitate, improve, maintain, repair, or maintain and operate 15,527
thereon and to provide by lease or otherwise to such institution, 15,528
facilities authorized in section 3345.07 or 3345.11 of the 15,529
Revised Code. Such land or interests therein shall be sold for 15,530
such appraised value, or leased, and on such terms as the board 15,532
of trustees determines. All deeds or other instruments relating 15,533
to such sales or leases shall be executed by such officer of the 15,534
state university or college as the board of trustees designates. 15,535
The state university or college shall hold, invest, or use the 15,536
proceeds of such sales or leases for the same purposes for which 15,537
proceeds of borrowings may be used under sections 3345.07 and 15,538
3345.11 of the Revised Code.
(R) An institution of higher education may pledge 15,540
available receipts, to the extent permitted by division (C) of 15,542
this section with respect to obligations, to secure the payments 15,543
to be made by it under any lease, lease with option to purchase, 15,544
or lease-purchase agreement authorized under this section or 15,545
348
section 3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or
3358.10 of the Revised Code. 15,546
Sec. 3366.04. (A) The issuing authority may issue 15,556
obligations under this section to provide money to make proceeds 15,557
loans to the designated nonprofit corporation for the purpose of 15,558
acquiring education loans, or needed for capitalized interest, 15,559
for funding reserves, and for paying costs and expenses incurred 15,560
in connection with the issuance, carrying, securing, paying, 15,561
redeeming, or retirement of the obligations or any obligations 15,562
refunded thereby, including payment of costs and expenses 15,563
relating to letters of credit, lines of credit, insurance, put 15,564
agreements, standby purchase agreements, indexing, marketing, 15,565
remarketing and administrative arrangements, interest swap or 15,566
hedging agreements, and any other credit enhancement facility as 15,567
defined in division (H) of section 133.01 of the Revised Code, 15,568
liquidity, remarketing, renewal, or refunding arrangements, all 15,569
of which are authorized by this section. The proceeds thereof 15,570
shall, as provided in the bond proceedings, be loaned, or 15,571
otherwise made available as a proceeds loan, to the designated 15,572
nonprofit corporation. The issuing authority may appoint 15,573
trustees, paying agents, and transfer agents and may retain the 15,574
services of financial advisors, accounting experts, and 15,575
attorneys, and retain or contract for the services of marketing, 15,576
remarketing, indexing, and administrative agents, other 15,577
consultants, and independent contractors, including printing 15,578
services, as are necessary to carry out the provisions of this 15,579
section. The costs of such services are allowable costs payable 15,580
from the proceeds of such obligations. 15,581
(B) The holders or owners of obligations shall have no 15,584
right to have taxes levied by the general assembly, or any moneys 15,585
other than pledged receipts obligated or pledged, and any moneys 15,586
other than pledged receipts shall not be obligated or pledged, 15,587
for the payment of bond service charges. The obligations are not 15,588
debts of the state, bond service charges are payable solely from 15,589
349
the revenues and funds pledged as pledged receipts for their 15,590
payment, and the right of such holders and owners to payment of 15,591
bond service charges is limited to pledged receipts as provided 15,592
in the bond proceedings, and each such obligation shall bear on 15,593
its face a statement to that effect. No money, including money 15,594
from the general revenue fund, shall be appropriated, obligated, 15,595
or used to pay bond service charges or the costs incurred in the 15,596
administration of this chapter, other than pledged receipts. 15,597
(C) Obligations shall be authorized by order of the 15,600
issuing authority at the request of the designated nonprofit
corporation and with the approval of the director of development, 15,601
and the bond proceedings shall provide for the purpose thereof 15,602
and the principal amount or amounts, and shall provide for or 15,603
authorize the manner for determining the principal maturity or 15,604
maturities, the interest rate or rates or the maximum interest 15,605
rate, the date of the obligations and the dates of payment of 15,606
interest thereon, their denomination, and the establishment 15,607
within or outside this state of a place or places of payment of 15,608
bond service charges. Sections 9.98 to 9.983 of the Revised Code 15,610
apply to obligations issued under this section. The purpose of 15,611
such obligations may be stated in the bond proceedings in terms 15,612
describing the general purpose to be served. The bond 15,613
proceedings shall also provide, subject to the provisions of any 15,614
other applicable bond proceedings, for the pledge of, and the 15,615
granting of a security interest in, all, or such part as the 15,616
issuing authority may determine, of the pledged receipts to the 15,617
payment of bond service charges, which pledge may be made and 15,618
security interest granted, subject to the provisions of any 15,619
applicable prior bond proceedings, either prior to or on a parity 15,620
with or subordinate to other expenses, claims, or payments, and 15,621
may be made or granted to secure obligations senior or 15,622
subordinate to, or on a parity with, obligations theretofore or 15,623
thereafter issued, if and to the extent provided in the bond
proceedings. The pledged receipts so pledged or subject to a 15,624
350
security interest and thereafter received by the issuing 15,625
authority or the designated nonprofit corporation on behalf of 15,626
the issuing authority or otherwise received are immediately 15,627
subject to such pledge and security interest without any physical 15,629
delivery thereof or further act, and such pledge and security 15,630
interest are valid, binding, and enforceable against all parties 15,631
having claims of any kind against the state or any governmental 15,632
agency, or against the designated nonprofit corporation, whether 15,633
or not such parties have notice thereof, and shall create a 15,634
perfected security interest for all purposes of Chapter 1309. of 15,635
the Revised Code, without the necessity for separation or 15,637
delivery or possession of the pledged receipts, or for the filing 15,638
or recording of the bond proceedings by which such pledge and 15,639
security interest are created or any certificate, statement, or 15,640
other document with respect thereto; and the pledge of such 15,641
pledged receipts and the security interest are effective and the 15,642
money therefrom and thereof may be applied to the purposes for 15,643
which pledged without necessity for any act of appropriation. 15,644
Every pledge made and security interest granted, and every 15,645
covenant and agreement made with respect thereto in the bond 15,646
proceedings may therein be extended to the benefit of the owners 15,647
and holders of obligations authorized by this section, and to any 15,648
trustee therefor, for the further security of the payment of the 15,649
bond service charges.
(D) The bond proceedings may contain additional provisions 15,652
as to:
(1) The redemption of obligations prior to maturity at 15,654
such price or prices and under such terms and conditions as are 15,655
provided in the bond proceedings; 15,656
(2) Other terms of the obligations; 15,658
(3) Limitations on the issuance of additional obligations; 15,661
(4) The terms of any trust agreement or indenture securing 15,664
the obligations or under which the same may be issued;
(5) The investment of the proceeds of obligations and 15,666
351
amounts on deposit in the special funds; 15,667
(6) Any or every provision of the bond proceedings being 15,670
binding upon such officer, board, commission, authority, agency, 15,671
department, or other person or body as may from time to time have 15,672
the authority under law to take such actions as may be necessary 15,673
to perform all or any part of the duty required by such
provision; 15,674
(7) Any provision that may be made in a trust agreement or 15,677
indenture;
(8) Provisions for the use of the proceeds of repayment of 15,680
education loans to acquire additional education loans;
(9) Any other or additional agreements with the holders of 15,683
the obligations, the trustee therefor, or the designated
nonprofit corporation, relating to the obligations or the 15,684
security therefor, including the assignment of security obtained 15,685
or to be obtained for education loans. 15,686
(E) The obligations and any coupons pertaining to 15,689
obligations shall be in the form specified in the bond
proceedings and shall be signed by or bear the facsimile 15,690
signature of the issuing authority. Any obligations or coupons 15,691
may be executed by the person who, on the date of execution, is 15,692
the proper issuing authority although on the date of such bonds 15,693
or coupons such person was not the issuing authority. In case 15,694
the issuing authority whose signature or a facsimile of whose 15,695
signature appears on any such obligation or coupon ceases to be 15,696
the issuing authority before delivery thereof, such signature or 15,697
facsimile is nevertheless valid and sufficient for all purposes 15,698
as if that official had remained the issuing authority until such 15,699
delivery. 15,700
(F) All obligations are negotiable instruments and 15,703
securities under Chapter 1308. of the Revised Code, subject to 15,704
the provisions of the bond proceedings as to registration. The 15,705
obligations may be issued in coupon or in registered form, or 15,706
both, as the issuing authority determines. Provision may be 15,707
352
made for the registration of any obligations with coupons 15,708
attached thereto as to principal alone or as to both principal 15,709
and interest, their exchange for obligations so registered, and 15,710
for the conversion or reconversion into obligations with coupons 15,711
attached thereto of any obligations registered as to both 15,712
principal and interest, and for reasonable charges for such 15,713
registration, exchange, conversion, and reconversion. 15,714
(G) Obligations may be sold at public sale or at private 15,717
sale, as determined by the issuing authority in the bond 15,718
proceedings.
(H) Pending preparation of definitive obligations, the 15,721
issuing authority may issue interim receipts or certificates 15,722
which shall be exchanged for such definitive obligations. 15,723
(I) In the discretion of the issuing authority, 15,725
obligations may be secured additionally by a trust agreement or 15,726
indenture between the issuing authority and a corporate trustee 15,727
and, if so provided for in the bond proceedings, any other 15,728
necessary or appropriate party. Any such trustee shall be a 15,729
trust company, bank, or national banking association authorized 15,730
to exercise trust powers within the state. Any such agreement or 15,731
indenture may contain the order authorizing the issuance of the 15,732
obligations, any provisions that may be contained in any bond 15,733
proceedings, and other provisions which are customary or 15,734
appropriate in an agreement or indenture of such type, including, 15,735
but not limited to: 15,736
(1) Maintenance of each pledge, security interest, and 15,738
trust agreement, indenture, or other instrument comprising part 15,739
of the bond proceedings until the bond service charges on the 15,740
obligations secured thereby have been fully paid, or provision 15,741
therefor has been made in accordance with the bond proceedings; 15,742
(2) In the event of default in any payments required to be 15,745
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the 15,746
obligations were issued, enforcement of such payments or 15,747
353
agreement by mandamus, the appointment of a receiver, suit in 15,748
equity, action at law, or any combination of the foregoing; 15,749
(3) The rights and remedies of the holders of obligations 15,752
and of the trustee, and provisions for protecting and enforcing 15,753
them, including limitations on rights of individual holders of 15,754
obligations;
(4) The replacement of any obligations that become 15,756
mutilated or are destroyed, lost, or stolen; 15,757
(5) Such other provisions as the trustee and the issuing 15,760
authority agree upon, including limitations, conditions, or 15,761
qualifications relating to the education loans that may be made 15,762
or acquired pursuant to the trust agreement or indenture.
(J) Any holder of obligations or a trustee under the bond 15,765
proceedings, except to the extent that rights are restricted by 15,766
the bond proceedings, may by any suitable form of legal 15,767
proceedings, protect and enforce any rights under the laws of 15,768
this state or granted by such bond proceedings. Such rights
include the right to compel the performance of all duties of the 15,769
issuing authority or the director of development required by this 15,770
chapter or the bond proceedings; to enjoin unlawful activities; 15,771
and, in the event of default with respect to the payment of any 15,772
bond service charges on any obligations or in the performance of 15,773
any covenant or agreement on the part of the issuing authority or 15,774
the director of development in the bond proceedings, to apply to 15,775
a court having jurisdiction to appoint a receiver to receive and 15,776
administer the pledged receipts pledged to the payment of the 15,777
bond service charges on such obligations or which are the subject 15,778
of the covenant or agreement, with full power to pay and to 15,779
provide for payment of bond service charges on such obligations 15,780
and with such powers, subject to the direction of the court, as 15,781
are accorded receivers in general equity cases, excluding any 15,782
power to pledge revenues or receipts or other income or moneys, 15,783
other than pledged receipts, and excluding any power to take 15,784
possession of, or cause the sale or otherwise dispose of, any 15,785
354
property other than the pledged receipts. 15,786
Each duty of the issuing authority, of each governmental 15,788
agency including the director of development, of the designated 15,789
nonprofit corporation, and of any of the officers, members, or 15,790
employees of any of the foregoing, undertaken pursuant to the 15,791
bond proceedings or any agreement made under authority of this 15,792
chapter, and each duty in every agreement by or with the issuing 15,793
authority under this chapter, each governmental agency including 15,794
the director of development, and the designated nonprofit 15,795
corporation, is hereby established as a duty of the issuing 15,796
authority, the governmental agency, or the designated nonprofit 15,797
corporation, respectively, and of each such officer, member, or 15,798
employee having authority to perform such duty, specifically 15,799
enjoined by the law resulting from an office, trust, or station 15,800
within the meaning of section 2731.01 of the Revised Code. 15,802
The person who is at the time the issuing authority or the 15,805
director of development, or the officers or employees of either 15,806
of them, are not liable in their personal capacities on any 15,807
obligations or any agreements of or with the issuing authority or 15,808
the director of development.
(K) The issuing authority may issue obligations for the 15,811
refunding, including funding and retirement, and advance
refunding with or without payment or redemption prior to 15,812
maturity, of any obligations previously issued. Such obligations 15,813
may be issued in amounts sufficient for payment of the principal 15,814
amount of the prior obligations, any redemption premiums thereon, 15,815
principal maturities of any such obligations maturing prior to 15,816
the redemption of the remaining obligations on a parity 15,817
therewith, interest accrued or to accrue to the maturity dates or 15,818
dates of redemption of such obligations, and expenses incurred or 15,819
to be incurred in connection with such issuance and such 15,820
refunding, funding, and retirement. Subject to the bond 15,821
proceedings therefor, the portion of proceeds of the sale of 15,822
obligations issued under this division to be applied to bond 15,823
355
service charges on the prior obligations shall be credited to an 15,824
appropriate account held by the trustee for such prior or new 15,825
obligations or to the appropriate account in the bond service 15,826
fund for such obligations. Obligations authorized under this 15,827
division shall be deemed to be issued for those purposes for 15,828
which such prior obligations were issued and are subject to the 15,829
provisions of this section pertaining to other obligations, 15,830
except as otherwise provided in this section. 15,831
(L) The authority to issue obligations under this section 15,834
includes authority to issue obligations in the form of bond 15,835
anticipation notes and to renew the same from time to time by the 15,836
issuance of new notes. The holders of such notes or interest 15,837
coupons pertaining thereto shall have a right to be paid solely 15,838
from the pledged receipts and special funds that may be pledged 15,839
to the payment of the bonds anticipated, or from the proceeds of 15,840
such anticipated bonds or renewal notes, or both, as the issuing 15,841
authority provides in the order authorizing such notes. Such 15,842
notes may be additionally secured by covenants of the issuing 15,843
authority and the director of development to the effect that the 15,844
issuing authority and the director of development will do such or 15,845
all things necessary for the issuance of such bonds or renewal 15,846
notes in appropriate amounts, and apply the proceeds thereof to 15,847
the extent necessary, to make full payment of the principal of 15,848
and interest on such notes at the time or times contemplated, as 15,849
provided in such order. For such purpose, the issuing authority 15,850
shall issue bonds or renewal notes in such principal amount and 15,851
upon such terms as may be necessary to provide funds to pay, when 15,852
required, the principal of and interest and any premium on such 15,854
notes. Subject to this division, all provisions for and 15,855
references to obligations in this section are applicable to notes 15,856
authorized under this division.
The issuing authority in the bond proceedings authorizing 15,859
the issuance of bond anticipation notes shall set forth for such 15,860
bonds an estimated interest rate and a schedule of principal 15,861
356
payments for such bonds and the annual maturity dates thereof, 15,862
but this provision does not modify any authority in this section 15,863
to pledge receipts to, to grant a security interest in those 15,864
receipts for the purpose of securing, and to covenant to issue 15,865
bonds to fund, the payment of principal of and interest and any 15,866
premium on such notes, or to provide in the bond proceedings
authorizing the issuance of the anticipated bonds interest rates 15,867
and a schedule of principal payments for such bonds and the 15,868
annual maturity dates thereof which differ from the estimates in 15,869
the bond proceedings authorizing the issuance of such bond 15,870
anticipation notes. 15,871
(M) Obligations issued under this section are lawful 15,874
investments for banks; savings banks; savings and loan
associations; credit union share guarantee corporations; trust 15,876
companies; trustees; fiduciaries; insurance companies, including 15,877
domestic for life and domestic not for life; trustees or other 15,878
officers having charge of sinking and bond retirement or other 15,879
special funds of the state and of subdivisions and taxing 15,880
districts of the state; the commissioners of the sinking fund of 15,881
the state; the administrator of workers' compensation, subject to 15,882
the approval of the workers' compensation board; the state 15,883
teachers retirement system; the public employees retirement 15,884
system; the school employees retirement system; and the OHIO 15,885
police and firemen's disability and FIRE pension fund, 15,887
notwithstanding any other provisions of the Revised Code or rules 15,889
adopted pursuant to those provisions by any agency of the state 15,891
with respect to investments by them, and are also eligible as 15,892
security for the repayment of the deposit of public moneys. 15,893
(N) Provision may be made in the applicable bond 15,896
proceedings for the establishment of separate accounts in the 15,897
bond service fund and for the application of such accounts only 15,898
to the specified bond service charges on obligations pertinent to 15,899
such accounts and bond service fund and for other accounts 15,900
therein within the general purposes of such fund. Unless 15,901
357
otherwise provided in any applicable bond proceedings, moneys to 15,902
the credit of or in the several special funds established 15,903
pursuant to this section shall be invested and disbursed as 15,904
provided in the bond proceedings.
(O) The issuing authority shall pledge and grant a 15,907
security interest in all, or such portion as the issuing
authority determines, of the pledged receipts to the payment of 15,908
bond service charges on obligations, and for the establishment 15,909
and maintenance of any reserves, as provided in the bond 15,910
proceedings, and make other provisions therein with respect to 15,911
pledged receipts as authorized by this chapter, which provisions 15,912
are controlling notwithstanding any other provisions of law 15,913
pertaining thereto. 15,914
(P) The obligations, the transfer thereof, and the 15,917
interest, accreted amount, and other income therefrom, including 15,918
any profit made on the sale thereof, shall at all times be free 15,919
from taxation, direct or indirect, within this state.
Sec. 3377.11. Bonds issued under this chapter are lawful 15,928
investments of banks, societies for savings, savings and loan 15,929
associations, deposit guarantee associations, trust companies, 15,930
trustees, fiduciaries, insurance companies, including domestic 15,931
for life and domestic not for life, trustees or other officers 15,932
having charge of sinking and bond retirement or other special
funds of political subdivisions and taxing districts of this 15,933
state, the commissioners of the sinking fund of the state, the 15,934
administrator of workers' compensation, the state teachers 15,935
retirement system, the public employees retirement system, the 15,936
school employees retirement system, and the OHIO police and 15,937
firemen's disability and FIRE pension fund and also are 15,939
acceptable as security for the deposit of public moneys. 15,941
Sec. 3706.14. All air quality revenue bonds issued under 15,950
this chapter are lawful investments of banks, societies for 15,951
savings, savings and loan associations, deposit guarantee 15,952
associations, trust companies, trustees, fiduciaries, insurance 15,953
358
companies, including domestic for life and domestic not for life, 15,954
trustees or other officers having charge of sinking and bond
retirement or other special funds of political subdivisions and 15,955
taxing districts of this state, the commissioners of the sinking 15,956
fund of the state, the administrator of workers' compensation, 15,957
the state teachers retirement system, the public employees 15,958
retirement system, the school employees retirement system, and 15,959
the OHIO police and firemen's disability and FIRE pension fund, 15,960
and are acceptable as security for the deposit of public moneys. 15,961
Sec. 3729.01. As used in this chapter: 15,970
(A) "Ambulatory care facility" means a facility that 15,972
provides medical, diagnostic, or surgical treatment to patients 15,973
who do not require hospitalization, including a dialysis center, 15,974
ambulatory surgical facility, cardiac catheterization facility, 15,975
diagnostic imaging center, extracorporeal shock wave lithotripsy 15,976
center, home health agency, inpatient hospice, birthing center, 15,977
radiation therapy center, emergency facility, and an urgent care 15,978
center. "Ambulatory health care facility" does not include the 15,979
private office of a physician or dentist, whether the office is 15,980
for an individual or group practice. 15,981
(B) "Beneficiary" and "third-party payer" have the same 15,983
meanings as in section 3901.38 of the Revised Code. 15,984
(C) "Disability assistance medical assistance program" 15,986
means the disability assistance medical assistance program 15,987
established under Chapter 5115. of the Revised Code. 15,988
(D) "Emergency facility" means a hospital emergency 15,990
department or any other facility that provides emergency medical 15,991
services. 15,992
(E) "Global fee" means the collective cost of professional 15,994
fees, outpatient or inpatient billings, pharmaceutical products, 15,995
and other medical or surgical products required to ensure 15,996
satisfactory outcomes for a given diagnosis. 15,997
(F) "Health care practitioner" has the same meaning as in 15,999
section 4769.01 of the Revised Code. 16,000
359
(G) "Health care provider" means a hospital, ambulatory 16,002
care facility, long-term care facility, pharmacy, emergency 16,003
facility, or health care practitioner. 16,004
(H) "Hospital" has the same meaning as in section 3727.01 16,006
of the Revised Code. 16,007
(I) "Long-term care facility" means any of the following: 16,009
(1) A nursing home, residential care facility, or home for 16,012
the aging, all as defined in section 3721.01 of the Revised Code; 16,013
(2) An adult care facility, as defined in section 3722.01 16,015
of the Revised Code; 16,016
(3) A nursing facility, as defined in section 5111.20 of 16,018
the Revised Code; 16,019
(4) An intermediate care facility for the mentally 16,021
retarded, as defined in section 5111.20 of the Revised Code; 16,022
(5) A facility or portion of a facility certified as a 16,024
skilled nursing facility under Title XVIII of the "Social 16,025
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. 16,026
(J) "Medical assistance program" means the program 16,028
established under Chapter 5111. of the Revised Code and Title XIX 16,029
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 16,030
301, as amended. 16,031
(K) "Medicare" means the program established under Title 16,033
XVIII of the "Social Security Act." 16,034
(L) "Pharmacy" has the same meaning as in section 4729.01 16,037
of the Revised Code. 16,038
(M) "Physician" means an individual authorized under 16,041
Chapter 4731. of the Revised Code to practice medicine and 16,042
surgery, osteopathic medicine and surgery, or podiatry. 16,043
(N) "Price" means the actual payment for health care 16,045
services or supplies by a patient or third-party payer. 16,046
(O)(1) "Public health care program" means any program of 16,048
health care benefits that is provided by the state or a political 16,049
subdivision of this state, including all of the following: 16,050
(a) The program for medically handicapped children 16,052
360
established under sections 3701.021 to 3701.028 of the Revised 16,053
Code; 16,054
(b) The medical assistance program; 16,056
(c) The disability assistance medical assistance program; 16,059
(d) Health care benefits administered by the bureau of 16,061
workers' compensation; 16,062
(e) Mental health services certified by the department of 16,064
mental health and provided in whole or in part under contract 16,065
with a community mental health board, or a board of alcohol, drug 16,066
addiction, and mental health services; 16,067
(f) Health care services administered by the department of 16,069
alcohol and drug addiction services or a board of alcohol, drug 16,070
addiction, and mental health services; 16,071
(g) Health care services administered by the department of 16,073
mental retardation and developmental disabilities or a county 16,074
board of mental retardation and developmental disabilities; 16,075
(h) Health care services administered by the 16,077
rehabilitation services commission; 16,078
(i) Health care services administered by the department of 16,080
rehabilitation and correction; 16,081
(j) Health care services administered by the department of 16,083
youth services. 16,084
(2) "Public health care program" does not mean health care 16,086
coverage provided to public employees or health care benefits 16,087
provided to persons receiving a pension, annuity, allowance, or 16,088
benefit from the public employees retirement system, the school 16,089
employees retirement system, the state teachers retirement 16,090
system, the OHIO police and firemen's disability and FIRE pension 16,092
fund, or the state highway patrol retirement system. 16,093
Sec. 3737.947. All revenue bonds issued under sections 16,102
3737.90 to 3737.948 of the Revised Code are lawful investments of 16,103
banks, societies for savings, savings and loan associations, 16,104
trust companies, trustees, fiduciaries, insurance companies, 16,105
including domestic for life and domestic not for life, trustees 16,106
361
or other officers having charge of sinking and bond retirement or
other special funds of political subdivisions and taxing 16,107
districts of this state, the commissioners of the sinking fund of 16,108
the state, the administrator of workers' compensation, the state 16,109
teachers retirement system, the public employees retirement 16,110
system, the school employees retirement system, and the OHIO 16,111
police and firemen's disability and FIRE pension fund, and are 16,112
acceptable as security for the deposit of public moneys. 16,113
Sec. 4582.44. Bonds of a port authority and port authority 16,122
revenue bonds issued pursuant to sections 4582.22 to 4582.59 of 16,123
the Revised Code, are lawful investments of banks, societies for 16,124
savings, trust companies, savings and loan associations, deposit 16,125
guaranty associations, trustees, fiduciaries, trustees or other 16,126
officers having charge of the bond retirement funds or sinking 16,127
funds of port authorities and political subdivisions, and taxing 16,128
districts of this state, the commissioners of the sinking fund of 16,129
this state, of the administrator of workers' compensation, the 16,131
state teachers retirement system, the school employees retirement 16,132
system, the public employees retirement system, the OHIO police 16,134
and firemen's disability and FIRE pension fund, and insurance 16,135
companies, including domestic life insurance companies and 16,137
domestic insurance companies other than life, and are acceptable 16,138
as security for the deposit of public moneys. 16,139
Sec. 4981.15. (A) The Ohio rail development commission, 16,148
from time to time, may issue bonds in such principal amounts as 16,149
the commission finds necessary to finance one or more rail 16,150
service projects. Sections 9.98 to 9.983 of the Revised Code are 16,151
hereby made applicable in their entirety to any bonds authorized 16,152
to be issued under this chapter except as otherwise provided 16,153
herein. 16,154
(B) The commission, from time to time, may issue renewal 16,156
bonds, issue bonds to pay such obligations and, whenever it 16,157
considers refunding expedient, refund any bonds by the issuance 16,158
of bonds by the authority granted by this chapter. Except as may 16,160
362
otherwise be expressly provided in this chapter or by the
commission, every issue of its bonds or notes is an obligation of 16,161
the commission payable out of the revenues and reserves created 16,162
for such purposes by the commission, which are expressly pledged 16,163
for such payment, without preference or priority of the first 16,164
bonds issued, subject only to any agreements with the holders of 16,165
particular bonds or notes pledging any particular revenues. Such 16,166
pledge shall be valid and binding from the time the pledge is 16,167
made and the revenues so pledged and thereafter received by the 16,168
commission immediately shall be subject to the lien of such 16,169
pledge without any physical delivery thereof or further act and 16,170
the lien of any such pledge shall be valid and binding as against 16,171
all parties having claims of any kind, in tort, contract, or 16,172
otherwise, against the commission irrespective of whether such 16,173
parties have notice thereof. 16,174
(C) All such bonds shall have and are hereby declared to 16,176
have all the qualities of negotiable instruments. The bonds 16,177
shall be authorized by resolution of the commission, shall bear 16,178
such date and shall mature at such time, in case of any such note 16,179
or any renewal thereof not exceeding five years from the date of 16,180
issue of such original note, and in the case of any such bond not 16,181
exceeding fifty years from the date of issue, as such resolution 16,182
may provide. The bonds and notes shall bear interest at such 16,183
rate or rates, including variable rates, be in such 16,184
denominations, be in such form, either coupon or registered, 16,185
carry such registration privileges, be payable in such medium of 16,186
payment, in such place, and be subject to such terms of 16,187
redemption as otherwise set forth in this chapter as the 16,188
commission may authorize. The bonds of the commission may be 16,189
sold by the commission at public or private sale, at or not less 16,190
than the price the commission determines. The bonds shall be 16,191
executed by a voting member of the commission, selected by the 16,192
commission and approved by the speaker of the house of 16,193
representatives and the president of the senate, who may use a 16,194
363
facsimile signature. The official seal of the commission, or a 16,195
facsimile, shall be affixed thereto or printed thereon and 16,196
attested, manually, or by facsimile signature, by the 16,197
secretary-treasurer of the commission. Coupons, if any, attached 16,198
thereto shall bear the signature or facsimile signature of the 16,199
chairperson of the commission. In case any officer whose 16,201
signature, or a facsimile of whose signature appears on any 16,202
bonds, notes, or coupons ceases to be such officer before 16,203
delivery of such bonds or notes, such signature or facsimile is 16,204
nevertheless sufficient for all purposes the same as if the 16,205
officer had remained in office until such delivery. In case the 16,206
seal of the commission changes after a facsimile is imprinted on 16,207
such bonds or notes, such facsimile continues to be sufficient
for all purposes. 16,208
(D) Any resolution authorizing any bonds or any issue 16,210
thereof may contain provisions, subject to such agreements with 16,211
bondholders or noteholders as may then exist, which provisions 16,212
shall be a part of the contract with the holders thereof, as to 16,213
pledging all or any part of the revenues of the commission to 16,214
secure the payment of the bonds of any issue thereof; the issue 16,215
and disposition of revenues of the commission; the setting aside 16,216
of reserve funds, sinking funds, or replacement and improvement 16,217
funds and the regulation and disposition thereof; the crediting 16,218
of the proceeds of the sale of bonds to and among the funds 16,219
referred to and provided for in the resolution authorizing the 16,220
issuance of the bonds; providing for the pledge or use of the 16,221
rail development fund created by section 4981.09 of the Revised 16,222
Code; the use, lease, sale, or other disposition of any assets of 16,224
the commission; limitations on the purpose to which the proceeds 16,225
of the sale of bonds may be applied; the agreement of the 16,226
commission to do all things necessary for the authorization, 16,227
issuance, and sale of such bonds which may be issued in such 16,228
amounts as may be necessary for the timely retirement of such 16,229
bonds; limitation on the issuance of additional bonds which may 16,230
364
be issued and secured; the refunding of outstanding bonds; the 16,231
procedure, if any, by which the terms of any contract with 16,232
bondholders or noteholders may be amended or abrogated; the 16,233
amount of bonds the holders of which must consent may be given; 16,234
limitations on the amount of moneys to be expended by the 16,235
commission for operating, administrative, or other expenses of 16,236
the commission securing any bonds by a trust agreement; and any
other matter, of like or different character, which in any way 16,237
affects the security or protection of the bonds. 16,238
(E) In connection with each such issuance of bonds, the 16,240
commission shall establish in its name an improvement fund or 16,241
funds in the name of the rail service project or projects for 16,242
which the permitted loan or expenditure is to be made. The 16,243
proceeds of each issue of bonds, except for any portion thereof 16,244
required under the bond proceedings to be deposited in a bond 16,245
service fund, bond service reserve fund, or other special fund 16,246
established pursuant to the bond proceedings for such issue of 16,247
bonds, shall be deposited in the designated fund, and together 16,248
with any investment income thereof, shall be held in trust and 16,249
applied solely to permitted bond purposes and in accordance with 16,250
such bond proceedings. 16,251
(F) The right of holders of bonds issued by the commission 16,253
to payment of debt service on such bonds shall be limited to the 16,254
pledged receipts and special funds pledged thereto pursuant to 16,255
the bond proceedings and any moneys available for such payment 16,256
under any credit facility issued with respect to such bonds. The 16,257
holders of such bonds shall have no right to have moneys raised 16,258
by ad valorem taxation obligated or pledged, and moneys raised by 16,259
ad valorem taxation shall not be obligated or pledged for the 16,260
payment of debt service on bonds issued by the commission, except 16,261
to the extent, if any, that the general assembly or legislative 16,262
authority of qualifying subdivisions and local or regional 16,263
transportation authorities that borrows moneys derived from the 16,264
proceeds of such bonds pledge any moneys they raise by ad valorem 16,265
365
taxation to the repayment of such borrowings and the moneys so 16,266
raised and paid to the commission are obligated or pledged to the 16,267
payment of debt service on the bonds pursuant to the bond 16,268
proceedings. 16,269
(G) The bond proceedings adopted by the commission 16,271
authorizing the issuance of bonds shall provide for the general 16,272
purpose thereof and shall specify, or shall authorize one or more 16,273
officers of the board of directors to determine, subject to 16,274
limitations set forth in the bond proceedings: the aggregate 16,275
principal amount of the bonds; the form and manner of execution 16,276
and authentication of the bonds; the principal maturity or 16,277
maturities; whether the bonds are to bear interest at a fixed 16,278
rate or rates or under a floating rate interest structure; if a 16,279
fixed rate or fixed rates of interest are to be borne by the 16,280
bonds, the interest rate or rates: if the bonds are to bear 16,281
interest under a floating rate interest structure, the manner in 16,282
which the floating rate is to be determined for each 16,283
interest-rate period, the length of each interest-rate period, 16,284
and the extent to which and manner in which the interest-rate 16,285
period may be changed from time to time; the put arrangement or 16,286
arrangements, if any, to be available to holders of the bonds; 16,287
and the paying agents, remarketing agents, indexing agents, or 16,288
other agents, if any, to be engaged in connection with the 16,289
issuance of the bonds. The bond proceedings, either expressly or 16,291
by reference to other bond proceedings thereby approved or 16,292
otherwise applicable, also shall specify: the pledged receipts
and the special fund or funds to be pledged to secure the payment 16,293
of the debt service on the bonds; whether the pledged receipts 16,294
are pledged on a basis prior or subordinate to other expenses, 16,295
claims, or payments and whether other bonds have been or may be 16,296
issued by the commission secured by the pledged receipts on a 16,297
basis prior to or on a parity with the bonds; the credit facility 16,298
or facilities, if any, to be obtained with respect to the bonds; 16,299
and the rights and remedies that may be exercised by the holders 16,300
366
of the bonds or by a trustee on their behalf upon the occurrence 16,301
of an event constituting an event of default under the bond 16,302
proceedings, which rights and remedies shall include, except to 16,303
the extent restricted by the bond proceedings, any rights and 16,304
remedies available under the laws of the state for the 16,305
enforcement of the payments required under and any other 16,306
agreements made in, the bond proceedings. The bond proceedings, 16,307
either expressly or by reference to other bond proceedings 16,309
thereby approved or otherwise applicable, also may provide for: 16,310
the mandatory or optional redemption of the bonds prior to their 16,311
stated maturity; limitations on the issuance of additional bonds 16,312
by the commission; the investment of moneys in the improvement 16,313
fund and any special funds, without regard to Chapter 131. or 16,314
135. of the Revised Code, but subject to any provisions of 16,315
Chapter 4981. of the Revised Code, and the bond proceedings with 16,316
respect thereto; a maximum rate of interest that bonds with a 16,317
floating rate interest structure may bear, without regard to
section 9.95 of the Revised Code; any restrictions not 16,318
inconsistent with this chapter on the amount and terms of and 16,319
security for the repayment for loans made to qualifying 16,320
subdivisions, local or regional transportation authorities, or 16,321
other persons from the improvement fund; and any other term, 16,322
condition, or provision of or with respect to the bonds which may 16,323
be included in the bond proceedings. 16,324
(H) The revenues and any special funds pledged to the 16,326
payment of debt service on bonds pursuant to the bond proceedings 16,327
for such bonds and thereafter received by the commission or by an 16,328
agent on behalf of the commission are immediately subject to the 16,329
lien of such pledge without any physical delivery thereof or 16,330
further act. The lien of any such pledge is valid and binding 16,331
against all parties having claims of any kind against the 16,332
commission or against any person, qualifying subdivision, or 16,333
local or regional transportation authority or municipal 16,334
corporation that is an absolute obligor with respect to such 16,335
367
bonds, irrespective of whether such parties have notice thereof, 16,336
and shall create a perfected security interest for all purposes 16,337
of Chapter 1309. of the Revised Code, without the necessity for 16,338
separation or delivery of funds or for the filing or recording of 16,339
the bond proceedings by which such pledge is created, or any 16,340
certificate, statement, or other document with respect thereto; 16,341
and the pledge of such pledged receipts and special funds is 16,342
effective and the moneys therefrom and thereof may be applied to 16,343
the purposes for which pledged without necessity for any act of 16,344
appropriation. Every pledge, and every covenant and agreement 16,345
made in the bond proceedings with respect thereto, may therein be 16,346
extended to the benefit of the owners and holders of the bonds 16,347
authorized to be issued under this section and to any trustee or 16,348
paying agent for such owners and holders for further security of 16,349
the payment of the debt service on such bonds. 16,350
(I) Each duty of the commission and of its members, 16,352
directors, or officers and each duty of any other governmental 16,353
agency and its officials, members, or employees undertaken 16,354
pursuant to the bond proceedings or in any participation 16,355
agreement is hereby established as a duty of the commission or of 16,356
such qualifying subdivision or local or regional transportation 16,357
authority or governmental agency and of each such member, 16,358
officer, official, or employee having authority to perform such 16,359
duty, specifically enjoined by law resulting from an office, 16,360
trust, or station within the meaning of section 2731.01 of the 16,361
Revised Code. The persons who are at the time the members, 16,362
directors, officers, or employees of the commission are not 16,363
liable in their personal capacities on any bonds issued by the 16,365
commission or under any of the bond proceedings with respect 16,366
thereto.
(J) Bonds issued under this section are lawful investments 16,368
of banks, savings and loan associations, deposit guarantee 16,369
associations, trust companies, trustees, fiduciaries, insurance 16,370
companies, including domestic for life and domestic not for life, 16,371
368
trustees or other officers having charge of sinking and bond 16,372
retirement funds or other funds of the state and of political 16,373
subdivisions and taxing districts of the state, the commissioners 16,374
of the sinking fund of the state, the industrial commission, the 16,375
state teachers retirement system, the public employees retirement 16,376
system, the school employees retirement system, and the OHIO 16,377
police and firemen's disability and FIRE pension fund, 16,379
notwithstanding any other provisions of the Revised Code or rules 16,381
adopted by any state agency with respect to investments by them, 16,382
and are also acceptable as security for the deposit of public 16,383
moneys. For the purpose of causing bonds issued by the 16,384
commission to be eligible for investment of interim moneys of the 16,385
state or any subdivision of the state under section 135.14 of the 16,386
Revised Code, but solely for that purpose, bonds issued by the 16,387
commission shall be deemed to be bonds or other obligations of 16,388
this state for purposes of division (B)(4) of section 135.14 of 16,389
the Revised Code.
(K) The bonds issued by the commission, the transfer 16,391
thereof, and the income therefrom, including any profit made on 16,392
the sale thereof, shall at all times be free from taxation within 16,393
the state. 16,394
(L) Any bonds which recite that they are issued pursuant 16,396
to this section, which comply on their face with such section, 16,397
which are issued for one or more permitted bond purposes, and for 16,398
which the commission has been paid in full, shall in any action 16,399
or proceeding involving their validity be conclusively deemed to 16,400
have been issued, sold, executed, and delivered in conformity 16,401
with law and shall be incontestable unless such action or 16,402
proceeding is begun prior to the delivery of such bonds to the 16,403
original purchaser or purchasers thereof. 16,404
(M) In the event that the sum of all reserves pledged to 16,406
the payment of such bonds shall be less than the minimum reserve 16,407
requirements established in any resolution or resolutions 16,408
authorizing the issuance of such bonds, the chairperson of the 16,409
369
commission shall certify, on or before the first day of December 16,410
of each year, the amount of such deficiency to the governor for 16,411
inclusion, if the governor shall so elect, of the amount of such 16,412
deficiency in the budget to be submitted to the next session of 16,413
the general assembly for appropriation to the commission to be 16,414
pledged for payment of such bonds or notes. The general assembly 16,415
shall not be required to make any appropriations so requested, 16,416
and the amount of such deficiencies do not constitute a debt or 16,417
liability of the state. 16,418
(N) All property of the commission is exempt from levy and 16,420
sale by virtue of an execution and no execution or other judicial 16,421
process may issue against the property. A judgment against the 16,422
commission may not be a charge or lien upon its property. 16,423
However, nothing in this section applies to or limits the rights 16,424
of the holder of bonds or notes to pursue a remedy for the 16,425
enforcement of a pledge or lien given by the bank on its revenues 16,426
or other money. 16,427
(O) No action to contest the validity of any bonds of the 16,429
commission to be sold at public sale may be brought after the 16,430
fifteenth day following the first publication of notice of the 16,431
sale of the bonds. No action to contest the validity of any bond 16,432
sale under this chapter may be brought after the fifth day 16,433
following the bond sale. 16,434
(P) If bonds are sold at private sale, the commission may 16,436
publish notice of the execution of the contract of sale of the 16,437
bonds one time in a newspaper published and of general 16,438
circulation in the city of Columbus. If notice is published as 16,439
permitted in this division, no action to contest the validity of 16,440
such bonds or notes sold at private sale may be brought after the 16,441
fifteenth day following the publication of notice of the 16,442
execution of the contract of sale pertaining to the bonds. 16,443
(Q) If an action challenging the bonds of the commission 16,445
is not brought within the time prescribed by division (O) or (P) 16,446
of this section, whichever is applicable, all bonds of the 16,447
370
commission shall be conclusively presumed to be fully authorized 16,448
and issued under the laws of the state, and a person or a 16,449
qualified entity is estopped from questioning their 16,450
authorization, sale, issuance, execution, or delivery by the 16,451
commission.
(R) Insofar as the provisions of this section are 16,453
inconsistent with the provisions of any other law, general, 16,454
special, or local, the provisions of this chapter shall be 16,455
controlling. 16,456
Sec. 4981.19. All bonds issued under sections 4981.11 to 16,465
4981.26 of the Revised Code are lawful investments of banks, 16,466
societies for savings, savings and loan associations, deposit 16,467
guarantee associations, trust companies, trustees, fiduciaries, 16,468
insurance companies, including domestic for life and domestic not 16,469
for life, trustees or other officers having charge of sinking and 16,470
bond retirement or other special funds of political subdivisions 16,471
and taxing districts of this state, the commissioners of the 16,472
sinking fund of the state, the administrator of workers' 16,473
compensation, the state teachers retirement system, the public 16,475
employees retirement system, the school employees retirement 16,476
system, and the OHIO police and firemen's disability and FIRE 16,477
pension fund, notwithstanding any other provision of the Revised 16,478
Code or rules adopted pursuant thereto by any governmental agency 16,479
of the state with respect to investments by them, and are 16,480
acceptable as security for the deposit of public moneys. 16,481
Sec. 5505.161. On receipt of notice from the public 16,490
employees retirement system, OHIO police and firemen's disability 16,491
and FIRE pension fund, state teachers retirement system, or 16,493
school employees retirement system of the re-employment of a 16,494
retirant, the state highway patrol retirement system shall not
pay, or if paid shall recover, any amount to be forfeited by the 16,495
retirant in accordance with section 145.38, 742.26, 3307.381, or 16,496
3309.341 of the Revised Code.
Sec. 5505.201. A member of the state highway patrol 16,505
371
retirement system shall, in computing years of active service in 16,506
the highway patrol under sections 5505.16, 5505.17, and 5505.18 16,507
of the Revised Code, be given full credit for time served as a 16,508
police officer or firefighter covered under Chapter 742. and 16,510
former Chapters 521. and 541. of the Revised Code, provided such 16,511
member pays to the state highway patrol retirement system the 16,512
amount received by the member under division (I) of former 16,513
section 521.11, division (I) of former section 741.18, division 16,514
(I) of former section 741.49, or division (G) of section 742.37 16,515
of the Revised Code, with compound interest thereon at a rate to 16,516
be determined by the state highway patrol retirement board from 16,517
the date of such receipt to the date of such deposit. A member 16,518
may choose to purchase only part of such credit in any one 16,519
payment, subject to board rules. 16,520
Upon certification by the state highway patrol retirement 16,522
board to the board of trustees of the OHIO police and firemen's 16,524
disability and FIRE pension fund of such payment by the member, 16,525
the OHIO police and firemen's disability and FIRE pension fund 16,527
shall pay from the appropriate employers' contribution fund under 16,528
section 742.59 of the Revised Code to the state highway patrol 16,529
retirement system an amount equal to the payment of the member. 16,530
Sec. 5505.28. (A) The state highway patrol retirement 16,539
board may enter into an agreement with insurance companies, 16,540
health insuring corporations, or government agencies authorized 16,541
to do business in the state for issuance of a policy or contract 16,543
of health, medical, hospital, or surgical benefits, or any 16,544
combination thereof, for those persons receiving pensions and 16,546
subscribing to the plan. Notwithstanding any other provision of 16,547
this chapter, the policy or contract may also include coverage 16,548
for any eligible individual's spouse and dependent children and 16,549
for any of the individual's sponsored dependents as the board 16,551
considers appropriate.
If all or any portion of the policy or contract premium is 16,553
to be paid by any individual receiving a service, disability, or 16,555
372
survivor pension or benefit, the individual shall, by written 16,557
authorization, instruct the board to deduct from the individual's 16,559
pension or benefit the premium agreed to be paid by the 16,560
individual to the company, corporation, or agency. 16,562
The board may contract for coverage on the basis of part or 16,565
all of the cost of the coverage to be paid from appropriate funds 16,566
of the state highway patrol retirement system. The cost paid 16,567
from the funds of the system shall be included in the employer's 16,569
contribution rate as provided by section 5505.15 of the Revised 16,570
Code.
(B) If the board provides health, medical, hospital, or 16,572
surgical benefits through any means other than a health insuring 16,574
corporation, it shall offer to each individual eligible for the 16,577
benefits the alternative of receiving benefits through enrollment 16,579
in a health insuring corporation, if all of the following apply: 16,581
(1) The health insuring corporation provides health care 16,584
services in the geographical area in which the individual lives; 16,586
(2) The eligible individual was receiving health care 16,588
benefits through a health maintenance organization or a health 16,590
insuring corporation before retirement; 16,591
(3) The rate and coverage provided by the health insuring 16,594
corporation to eligible individuals is comparable to that 16,597
currently provided by the board under division (A) of this
section. If the rate or coverage provided by the health insuring 16,599
corporation is not comparable to that currently provided by the 16,601
board under division (A) of this section, the board may deduct 16,602
the additional cost from the eligible individual's monthly 16,604
benefit.
The health insuring corporation shall accept as an enrollee 16,608
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 16,610
from one plan to another at least once a year at a time 16,612
determined by the board. 16,613
(C) The board shall, beginning the month following receipt 16,615
373
of satisfactory evidence of the payment for coverage, pay monthly 16,616
to each recipient of a pension under the state highway patrol 16,618
retirement system who is eligible for medical insurance coverage 16,619
under part B of "The Social Security Amendments of 1965," 79 16,620
Stat. 301, 42 U.S.C.A. 1395j, as amended, an amount established 16,622
by board rule not exceeding the basic premium for such coverage. 16,623
(D) The board shall establish by rule requirements for the 16,625
coordination of any coverage, payment, or benefit provided under 16,627
this section with any similar coverage, payment, or benefit made 16,628
available to the same individual by the public employees 16,629
retirement system, OHIO police and firemen's disability and FIRE 16,630
pension fund, state teachers retirement system, or school 16,632
employees retirement system. 16,633
(E) The board shall make all other necessary rules 16,635
pursuant to the purpose and intent of this section. 16,636
Sec. 5528.54. (A) The commissioners of the sinking fund 16,645
are authorized to issue and sell, as provided in this section and 16,646
in amounts from time to time authorized by the general assembly, 16,647
general obligations of this state for the purpose of financing or 16,648
assisting in the financing of the costs of projects. The full 16,649
faith and credit, revenues, and taxing power of the state are and 16,650
shall be pledged to the timely payment of bond service charges on 16,651
outstanding obligations, all in accordance with Section 2m of
Article VIII, Ohio Constitution, and sections 5528.51 to 5528.56 16,652
of the Revised Code, and so long as such obligations are 16,653
outstanding there shall be levied and collected excises, taxes, 16,654
and other revenues in amounts sufficient to pay the bond service 16,655
charges on such obligations and costs relating to credit 16,656
enhancement facilities.
(B) Not more than two hundred twenty million dollars 16,658
principal amount of obligations, plus the principal amount of 16,659
obligations that in any prior fiscal years could have been, but 16,660
were not issued within that two-hundred-twenty-million-dollar 16,661
fiscal year limit, may be issued in any fiscal year, and not more 16,662
374
that one billion two hundred million dollars principal amount of 16,663
obligations may be outstanding at any one time, all determined as 16,664
provided in sections 5528.51 to 5528.56 of the Revised Code. 16,665
(C) The state may participate in financing projects by 16,667
grants, loans, or contributions to local government entities. 16,668
(D) Each issue of obligations shall be authorized by 16,670
resolution of the commissioners. The bond proceedings shall 16,671
provide for the principal amount or maximum principal amount of 16,672
obligations of an issue, and shall provide for or authorize the 16,673
manner for determining the principal maturity or maturities, not 16,674
exceeding the earlier of thirty years from the date of issuance 16,675
of the particular obligations or thirty years from the date the
debt represented by the particular obligations was originally 16,676
contracted, the interest rate or rates, the date of and the dates 16,677
of payment of interest on the obligations, their denominations, 16,679
and the establishment within or outside the state of a place or 16,680
places of payment of bond service charges. Sections 9.96, 9.98, 16,681
9.981, 9.982, and 9.983 of the Revised Code are applicable to the 16,682
obligations. The purpose of the obligations may be stated in the 16,683
bond proceedings as "financing or assisting in the financing of 16,684
highway capital improvement projects as provided in Section 2m of 16,685
Article VIII, Ohio Constitution."
(E) The proceeds of the obligations, except for any 16,687
portion to be deposited into special funds, or into escrow funds 16,689
for the purpose of refunding outstanding obligations, or pursuant 16,690
to section 5528.57 of the Revised Code, all as may be provided in 16,691
the bond proceedings, shall be deposited into the highway capital 16,692
improvement fund established by section 5528.53 of the Revised 16,693
Code.
(F) The commissioners may appoint or provide for the 16,695
appointment of paying agents, bond registrars, securities 16,697
depositories, and transfer agents, and may retain the services of
financial advisers and accounting experts, and retain or contract 16,698
for the services of marketing, remarketing, indexing, and 16,699
375
administrative agents, other consultants, and independent 16,700
contractors, including printing services, as are necessary in the 16,701
judgment of the commissioners to carry out sections 5528.51 to 16,702
5528.56 of the Revised Code. Financing costs are payable, as
provided in the bond proceedings, from the proceeds of the 16,703
obligations, from special funds, or from other moneys available 16,704
for the purpose.
(G) The bond proceedings, including any trust agreement, 16,706
may contain additional provisions customary or appropriate to the 16,707
financing or to the obligations or to particular obligations 16,708
including, but not limited to: 16,709
(1) The redemption of obligations prior to maturity at the 16,711
option of the state or of the holder or upon the occurrence of 16,712
certain conditions at such price or prices and under such terms 16,713
and conditions as are provided in the bond proceedings; 16,714
(2) The form of and other terms of the obligations; 16,716
(3) The establishment, deposit, investment, and 16,718
application of special funds, and the safeguarding of moneys on 16,719
hand or on deposit, in lieu of otherwise applicable provisions of 16,720
Chapter 131. or 135. of the Revised Code, but subject to any 16,721
special provisions of this section with respect to particular 16,722
funds or moneys, and provided that any bank or trust company that 16,723
acts as a depository of any moneys in special funds may furnish 16,724
such indemnifying bonds or may pledge such securities as required
by the commissioners; 16,725
(4) Any or every provision of the bond proceedings binding 16,727
upon the commissioners and such state agency or local government 16,728
entities, officer, board, commission, authority, agency, 16,729
department, or other person or body as may from time to time have 16,730
the authority under law to take such actions as may be necessary 16,731
to perform all or any part of the duty required by such
provision; 16,732
(5) The maintenance of each pledge, any trust agreement, 16,734
or other instrument composing part of the bond proceedings until 16,735
376
the state has fully paid or provided for the payment of the bond 16,736
service charges on the obligations or met other stated 16,737
conditions;
(6) In the event of default in any payments required to be 16,739
made by the bond proceedings, or any other agreement of the 16,740
commissioners made as part of a contract under which the 16,741
obligations were issued or secured, the enforcement of such 16,742
payments or agreements by mandamus, suit in equity, action at
law, or any combination of the foregoing; 16,743
(7) The rights and remedies of the holders of obligations 16,745
and of the trustee under any trust agreement, and provisions for 16,746
protecting and enforcing them, including limitations on rights of 16,747
individual holders of obligations;
(8) The replacement of any obligations that become 16,749
mutilated or are destroyed, lost, or stolen; 16,750
(9) Provision for the funding, refunding, or advance 16,752
refunding or other provision for payment of obligations that will 16,753
then no longer be outstanding for purposes of sections 5528.51 to 16,754
5528.56 of the Revised Code or of the bond proceedings; 16,755
(10) Any provision that may be made in bond proceedings or 16,757
a trust agreement, including provision for amendment of the bond 16,758
proceedings;
(11) Any other or additional agreements with the holders 16,760
of the obligations relating to any of the foregoing; 16,761
(12) Such other provisions as the commissioners determine, 16,763
including limitations, conditions, or qualifications relating to 16,764
any of the foregoing. 16,765
(H) The great seal of the state or a facsimile of that 16,767
seal may be affixed to or printed on the obligations. The 16,768
obligations requiring signatures by the commissioners shall be 16,769
signed by or bear the facsimile signatures of two or more of the 16,770
commissioners as provided in the bond proceedings. Any 16,771
obligations may be signed by the person who, on the date of
execution, is the authorized signer although on the date of such 16,772
377
obligations such person was not a commissioner. In case the 16,773
individual whose signature or a facsimile of whose signature 16,774
appears on any obligation ceases to be a commissioner before 16,775
delivery of the obligation, such signature or facsimile is
nevertheless valid and sufficient for all purposes as if that 16,776
individual had remained the member until such delivery, and in 16,777
case the seal to be affixed to or printed on obligations has been 16,778
changed after the seal has been affixed to or a facsimile of the 16,779
seal has been printed on the obligations, that seal or facsimile 16,780
seal shall continue to be sufficient as to those obligations and
obligations issued in substitution or exchange therefor. 16,781
(I) The obligations are negotiable instruments and 16,783
securities under Chapter 1308. of the Revised Code, subject to 16,784
the provisions of the bond proceedings as to registration. 16,785
Obligations may be issued in coupon or in fully registered form, 16,786
or both, as the commissioners determine. Provision may be made 16,787
for the registration of any obligations with coupons attached as
to principal alone or as to both principal and interest, their 16,788
exchange for obligations so registered, and for the conversion or 16,789
reconversion into obligations with coupons attached of any 16,790
obligations registered as to both principal and interest, and for 16,791
reasonable charges for such registration, exchange, conversion, 16,792
and reconversion. Pending preparation of definitive obligations, 16,793
the commissioners may issue interim receipts or certificates
which shall be exchanged for such definitive obligations. 16,795
(J) Obligations may be sold at public sale or at private 16,797
sale, and at such price at, above, or below par, as determined by 16,798
the commissioners in the bond proceedings. 16,800
(K) In the discretion of the commissioners, obligations 16,802
may be secured additionally by a trust agreement between the 16,803
state and a corporate trustee which may be any trust company or 16,804
bank having its principal place of business within the state. 16,805
Any trust agreement may contain the resolution authorizing the 16,806
issuance of the obligations, any provisions that may be contained 16,807
378
in the bond proceedings, and other provisions that are customary
or appropriate in an agreement of the type. 16,808
(L) Except to the extent that their rights are restricted 16,810
by the bond proceedings, any holder of obligations, or a trustee 16,811
under the bond proceedings may by any suitable form of legal 16,812
proceedings protect and enforce any rights under the laws of this 16,813
state or granted by the bond proceedings. Such rights include 16,814
the right to compel the performance of all duties of the
commissioners and the state. Each duty of the commissioners and 16,815
its employees, and of each state agency and local government 16,816
entity and its officers, members, or employees, undertaken 16,818
pursuant to the bond proceedings, is hereby established as a duty 16,819
of the commissioners, and of each such agency, local government 16,820
entity, officer, member, or employee having authority to perform
such duty, specifically enjoined by the law and resulting from an 16,821
office, trust, or station within the meaning of section 2731.01 16,822
of the Revised Code. The persons who are at the time the 16,823
commissioners of the sinking fund, or its employees, are not 16,824
liable in their personal capacities on any obligations or any 16,825
agreements of or with the commissioners relating to obligations
or under the bond proceedings. 16,826
(M) The commissioners may authorize and issue obligations 16,828
for the refunding, including funding and retirement, and advance 16,829
refunding with or without payment or redemption prior to 16,830
maturity, of any obligations previously issued. Such refunding 16,831
obligations may be issued in amounts sufficient to pay or to 16,832
provide for payment of the principal amount, including principal
amounts maturing prior to the redemption of the remaining 16,833
obligations, any redemption premium, and interest accrued or to 16,834
accrue to the maturity or redemption date or dates, payable on 16,835
the refunded obligations, and related financing costs and any 16,836
expenses incurred or to be incurred in connection with such
issuance and refunding. Subject to the applicable bond 16,837
proceedings, the portion of the proceeds of the sale of refunding 16,838
379
obligations issued under this division to be applied to bond 16,839
service charges on the prior obligations shall be credited to an 16,840
appropriate separate account in the bond service fund and held in
trust for the purpose by the commissioners or by a corporate 16,841
trustee. Obligations authorized under this division shall be 16,842
considered to be issued for those purposes for which such prior 16,843
obligations were issued, and, except as otherwise provided in 16,844
sections 5528.51 to 5528.56 of the Revised Code pertaining to
other obligations. 16,845
(N) The commissioners may authorize and issue obligations 16,847
in the form of bond anticipation notes and renew those notes from 16,848
time to time by the issuance of new notes. The holders of such 16,849
notes or appertaining interest coupons have the right to have 16,850
bond service charges on those notes paid solely from the moneys 16,851
and special funds that are or may be pledged to the payment of
bond service charges on those notes, including the proceeds of 16,852
such bonds or renewal notes, or both, as the commissioners 16,853
provide in the bond proceedings authorizing the notes. Such 16,854
notes may be additionally secured by convenants of the 16,856
commissioners to the effect that the commissioners and the state
will do such or all things necessary for the issuance of bonds or 16,857
renewal notes in the appropriate amount, and apply the proceeds 16,858
thereof to the extent necessary, to make full and timely payment 16,859
of the principal of and interest on such notes as provided in 16,860
such bond proceedings. For such purposes, the commissioners may
issue bonds or renewal notes in such principal amount and upon 16,861
such terms as may be necessary to provide moneys to pay when due 16,862
the principal of and interest on such notes. Except as otherwise 16,863
provided in sections 5528.51 to 5528.56 of the Revised Code, 16,864
notes authorized pursuant to this division are subject to 16,865
sections 5528.51 to 5528.56 of the Revised Code pertaining to 16,866
other obligations.
The commissioners in the bond proceedings authorizing the 16,868
issuance of bond anticipation notes shall set forth for the bonds 16,869
380
anticipated by such notes an estimated schedule of annual 16,870
principal payments for such bonds over a period of thirty years 16,871
from the earlier of the date of issuance of the notes or the date 16,872
of original issuance of prior notes in anticipation of those
bonds. While the notes are outstanding there shall be deposited, 16,873
as shall be provided in the bond proceedings for those notes, 16,874
from the sources authorized for payment of bond service charges 16,876
on the bonds, amounts sufficient to pay the principal of the 16,877
bonds anticipated as set forth in that estimated schedule during
the time the notes are outstanding, which amounts shall be used 16,878
solely to pay the principal of those notes or of the bonds 16,879
anticipated.
(O) Refunding or renewal obligations issued pursuant to 16,881
division (M) or (N) of this section shall not be counted against 16,883
the limitation on principal amount provided for in division (B) 16,884
of this section and shall be in addition to the amount authorized 16,885
by the general assembly as provided for in division (A) of this 16,886
section, to the extent the principal amount of those obligations 16,887
does not exceed the then outstanding principal amount of the 16,888
obligations to be refunded, renewed, or retired. For the 16,889
purposes of this section only, the principal amount of an
obligation issued to refund an outstanding obligation is the 16,890
amount on which interest or interest equivalent is initially 16,891
calculated and shall not be considered to include any premium 16,892
paid by the initial purchaser of such obligation. 16,893
(P) Obligations are lawful investments for banks, 16,895
societies for savings, savings and loan associations, deposit 16,896
guarantee associations, trust companies, trustees, fiduciaries, 16,897
insurance companies, including domestic for life and domestic not 16,898
for life, trustees or other officers having charge of sinking and 16,899
bond retirement or other special funds of political subdivisions
and taxing districts of this state, the commissioners of the 16,900
sinking fund, the administrator of workers' compensation, subject 16,901
to the approval of the workers' compensation board and the 16,902
381
industrial commission, the state teachers retirement system, the 16,904
public employees retirement system, the school employees
retirement system, and the OHIO police and firemen's disability 16,906
and FIRE pension fund, notwithstanding any other provisions of 16,908
the Revised Code or rules adopted pursuant thereto by any state 16,909
agency with respect to investments by them, and are also 16,910
acceptable as security for the deposit of public moneys. 16,911
(Q) Unless otherwise provided in any applicable bond 16,913
proceedings, moneys to the credit of or in the special funds 16,914
established by or pursuant to this section may be invested by or 16,915
on behalf of the commissioners only in notes, bonds, or other 16,916
direct obligations of the United States or of any agency or 16,918
instrumentality thereof, in obligations of this state or any 16,919
political subdivision of this state, in certificates of deposit
of any national bank located in this state and any bank, as 16,920
defined in section 1101.01 of the Revised Code, subject to 16,921
inspection by the superintendent of financial institutions, in 16,922
the Ohio subdivision's fund established pursuant to section 16,923
135.45 of the Revised Code, in no-front-end-load money market 16,924
mutual funds consisting exclusively of direct obligations of the 16,925
United States or of an agency or instrumentality thereof, and in 16,926
repurchase agreements, including those issued by any fiduciary, 16,927
secured by direct obligations of the United States or an agency 16,929
or instrumentality thereof, and in common trust funds established
in accordance with section 1109.20 of the Revised Code and 16,931
consisting exclusively of direct obligations of the United States 16,932
or of an agency or instrumentality thereof, notwithstanding 16,933
division (A)(4) of that section. The income from investments 16,935
shall be credited to such special funds or otherwise as the
commissioners determine in the bond proceedings, and the 16,936
investments may be sold or exchanged at such times as the 16,937
commissioners determine or authorize. 16,938
(R) Unless otherwise provided in any applicable bond 16,940
proceedings, moneys to the credit of or in a special fund shall 16,941
382
be disbursed on the order of the commissioners, provided that no 16,943
such order is required for the payment from the bond service fund 16,945
or other special fund when due of bond service charges or
required payments under credit enhancement facilities. 16,946
(S) The commissioners may covenant in the bond 16,948
proceedings, and any such covenants shall be controlling 16,949
notwithstanding any other provision of law, that the state and 16,950
the applicable officers and agencies of the state, including the 16,951
general assembly, shall, so long as any obligations are
outstanding in accordance with their terms, maintain statutory 16,952
authority for and cause to be charged and collected taxes, 16,953
excises, and other receipts of the state so that the receipts to 16,955
the bond service fund shall be sufficient in amounts to meet bond 16,956
service charges and for the establishment and maintenance of any 16,957
reserves and other requirements, including payment of financing
costs, provided for in the bond proceedings. 16,958
(T) The obligations, and the transfer of, and the 16,960
interest, interest equivalent, and other income and accreted 16,961
amounts from, including any profit made on the sale, exchange, or 16,962
other disposition of, the obligations shall at all times be free 16,963
from taxation, direct or indirect, within the state. 16,964
Sec. 5531.10. (A) As used in this chapter: 16,973
(1) "Bond proceedings" means the resolution, order, trust 16,975
agreement, indenture, lease, lease-purchase agreements, and other 16,976
agreements, amendments and supplements to the foregoing, or any 16,978
one or more or combination thereof, authorizing or providing for 16,979
the terms and conditions applicable to, or providing for the 16,980
security or liquidity of, obligations issued pursuant to this 16,981
section, and the provisions contained in such obligations. 16,982
(2) "Bond service charges" means principal, including 16,984
mandatory sinking fund requirements for retirement of 16,985
obligations, and interest, and redemption premium, if any, 16,986
required to be paid by the state on obligations. 16,987
(3) "Bond service fund" means the applicable fund and 16,989
383
accounts therein created for and pledged to the payment of bond 16,990
service charges, which may be, or may be part of, the state 16,991
infrastructure bank revenue bond service fund created by division 16,992
(S)(R) of this section including all moneys and investments, and 16,994
earnings from investments, credited and to be credited thereto. 16,995
(4) "Issuing authority" means the treasurer of state, or 16,997
the officer who by law performs the functions of the treasurer of 16,998
state.
(5) "Obligations" means bonds, notes, or other evidence of 17,000
obligation including interest coupons pertaining thereto, issued 17,001
pursuant to this section. 17,002
(6) "Pledged receipts" means moneys accruing to the state 17,005
from the lease, lease-purchase, sale, or other disposition, or 17,006
use, of qualified projects, and from the repayment, including 17,007
interest, of loans made from proceeds received from the sale of 17,008
obligations; accrued interest received from the sale of 17,009
obligations; income from the investment of the special funds; any 17,011
gifts, grants, donations, and pledges, and receipts therefrom, 17,012
available for the payment of bond service charges; and any
amounts in the state infrastructure bank pledged to the payment 17,013
of such charges.
(7) "Special funds" or "funds" means, except where the 17,015
context does not permit, the bond service fund, and any other 17,016
funds, including reserve funds, created under the bond 17,017
proceedings, and the state infrastructure bank revenue bond 17,018
service fund created by division (R) of this section to the 17,019
extent provided in the bond proceedings, including all moneys and 17,020
investments, and earnings from investment, credited and to be 17,021
credited thereto.
(8) "State infrastructure project" means any public 17,023
transportation project undertaken by the state, including, but 17,024
not limited to, all components of any such project, as described 17,025
in division (D) of section 5131.09 of the Revised Code. 17,026
(B) The issuing authority, after giving written notice to 17,029
384
the director of budget and management and upon the certification
by the director of transportation to the issuing authority of the 17,031
amount of moneys or additional moneys needed either for state 17,032
infrastructure projects or to provide financial assistance for
any of the purposes for which the state infrastructure bank may 17,034
be used under section 5531.09 of the Revised Code, or needed for 17,035
capitalized interest, funding reserves, and paying costs and 17,036
expenses incurred in connection with the issuance, carrying, 17,037
securing, paying, redeeming, or retirement of the obligations or 17,038
any obligations refunded thereby, including payment of costs and 17,039
expenses relating to letters of credit, lines of credit, 17,040
insurance, put agreements, standby purchase agreements, indexing, 17,041
marketing, remarketing and administrative arrangements, interest 17,042
swap or hedging agreements, and any other credit enhancement, 17,043
liquidity, remarketing, renewal, or refunding arrangements, all 17,044
of which are authorized by this section, shall issue obligations 17,045
of the state under this section in the required amount. The 17,047
proceeds of such obligations, except for the portion to be 17,048
deposited in special funds, including reserve funds, as may be 17,049
provided in the bond proceedings, shall as provided in the bond 17,050
proceedings be credited to the infrastructure bank obligations 17,051
fund of the state infrastructure bank created by section 5531.09 17,052
of the Revised Code. The issuing authority may appoint trustees, 17,053
paying agents, transfer agents, and authenticating agents, and 17,055
may retain the services of financial advisors, accounting 17,056
experts, and attorneys, and retain or contract for the services 17,057
of marketing, remarketing, indexing, and administrative agents, 17,058
other consultants, and independent contractors, including 17,059
printing services, as are necessary in the issuing authority's 17,060
judgment to carry out this section. The costs of such services 17,061
are payable from funds of the state infrastructure bank. 17,062
(C) The holders or owners of such obligations shall have 17,064
no right to have moneys raised by taxation by the state of Ohio 17,066
obligated or pledged, and moneys so raised shall not be obligated 17,067
385
or pledged, for the payment of bond service charges. The right 17,068
of such holders and owners to the payment of bond service charges 17,069
is limited to all or that portion of the pledged receipts and 17,070
those special funds pledged thereto pursuant to the bond 17,071
proceedings for such obligations in accordance with this section, 17,073
and each such obligation shall bear on its face a statement to 17,074
that effect.
(D) Obligations shall be authorized by order of the 17,077
issuing authority and the bond proceedings shall provide for the 17,078
purpose thereof and the principal amount or amounts, and shall 17,079
provide for or authorize the manner or agency for determining the 17,080
principal maturity or maturities, not exceeding twenty-five years 17,081
from the date of issuance, the interest rate or rates or the 17,082
maximum interest rate, the date of the obligations and the dates 17,083
of payment of interest thereon, their denomination, and the 17,084
establishment within or without the state of a place or places of 17,085
payment of bond service charges. Sections 9.98 to 9.983 of the 17,086
Revised Code are applicable to obligations issued under this 17,087
section. The purpose of such obligations may be stated in the 17,088
bond proceedings in terms describing the general purpose or 17,089
purposes to be served. The bond proceedings also shall provide, 17,090
subject to the provisions of any other applicable bond 17,091
proceedings, for the pledge of all, or such part as the issuing 17,092
authority may determine, of the pledged receipts and the 17,094
applicable special fund or funds to the payment of bond service 17,095
charges, which pledges may be made either prior or subordinate to 17,096
other expenses, claims, or payments, and may be made to secure 17,097
the obligations on a parity with obligations theretofore or 17,098
thereafter issued, if and to the extent provided in the bond 17,099
proceedings. The pledged receipts and special funds so pledged 17,100
and thereafter received by the state immediately are subject to 17,101
the lien of such pledge without any physical delivery thereof or 17,102
further act, and the lien of any such pledges is valid and 17,103
binding against all parties having claims of any kind against the 17,104
386
state or any governmental agency of the state, irrespective of 17,105
whether such parties have notice thereof, and shall create a
perfected security interest for all purposes of Chapter 1309. of 17,106
the Revised Code, without the necessity for separation or 17,107
delivery of funds or for the filing or recording of the bond 17,108
proceedings by which such pledge is created or any certificate, 17,109
statement, or other document with respect thereto; and the pledge 17,110
of such pledged receipts and special funds is effective and the 17,111
money therefrom and thereof may be applied to the purposes for 17,112
which pledged without necessity for any act of appropriation. 17,113
Every pledge, and every covenant and agreement made with respect 17,114
thereto, made in the bond proceedings may therein be extended to 17,115
the benefit of the owners and holders of obligations authorized 17,116
by this section, and to any trustee therefor, for the further 17,117
security of the payment of the bond service charges. 17,118
(E) The bond proceedings may contain additional provisions 17,120
as to: 17,121
(1) The redemption of obligations prior to maturity at the 17,123
option of the issuing authority at such price or prices and under 17,124
such terms and conditions as are provided in the bond 17,125
proceedings; 17,126
(2) Other terms of the obligations; 17,128
(3) Limitations on the issuance of additional obligations; 17,130
(4) The terms of any trust agreement or indenture securing 17,132
the obligations or under which the same may be issued; 17,133
(5) The deposit, investment, and application of special 17,135
funds, and the safeguarding of moneys on hand or on deposit, 17,136
without regard to Chapter 131. or 135. of the Revised Code, but 17,137
subject to any special provisions of this section with respect to 17,140
particular funds or moneys, provided that any bank or trust
company which acts as depository of any moneys in the special 17,141
funds may furnish such indemnifying bonds or may pledge such 17,142
securities as required by the issuing authority; 17,143
(6) Any or every provision of the bond proceedings being 17,145
387
binding upon such officer, board, commission, authority, agency, 17,146
department, or other person or body as may from time to time have 17,147
the authority under law to take such actions as may be necessary 17,148
to perform all or any part of the duty required by such 17,149
provision; 17,150
(7) Any provision that may be made in a trust agreement or 17,152
indenture; 17,153
(8) Any other or additional agreements with the holders of 17,155
the obligations, or the trustee therefor, relating to the 17,156
obligations or the security therefor, including the assignment of 17,157
mortgages or other security relating to financial assistance for 17,159
qualified projects under section 5531.09 of the Revised Code. 17,160
(F) The obligations may have the great seal of the state 17,162
or a facsimile thereof affixed thereto or printed thereon. The 17,163
obligations and any coupons pertaining to obligations shall be 17,164
signed or bear the facsimile signature of the issuing authority. 17,165
Any obligations or coupons may be executed by the person who, on 17,166
the date of execution, is the proper issuing authority although 17,167
on the date of such bonds or coupons such person was not the 17,168
issuing authority. In case the issuing authority whose signature 17,169
or a facsimile of whose signature appears on any such obligation 17,170
or coupon ceases to be the issuing authority before delivery 17,171
thereof, such signature or facsimile nevertheless is valid and 17,173
sufficient for all purposes as if the former issuing authority 17,174
had remained the issuing authority until such delivery; and in 17,175
case the seal to be affixed to obligations has been changed after 17,176
a facsimile of the seal has been imprinted on such obligations, 17,177
such facsimile seal shall continue to be sufficient as to such 17,178
obligations and obligations issued in substitution or exchange 17,179
therefor.
(G) All obligations are negotiable instruments and 17,181
securities under Chapter 1308. of the Revised Code, subject to 17,182
the provisions of the bond proceedings as to registration. The 17,183
obligations may be issued in coupon or in registered form, or 17,184
388
both, as the issuing authority determines. Provision may be made 17,185
for the registration of any obligations with coupons attached 17,186
thereto as to principal alone or as to both principal and 17,187
interest, their exchange for obligations so registered, and for 17,188
the conversion or reconversion into obligations with coupons 17,189
attached thereto of any obligations registered as to both 17,190
principal and interest, and for reasonable charges for such 17,191
registration, exchange, conversion, and reconversion. 17,192
(H) Obligations may be sold at public sale or at private 17,194
sale, as determined in the bond proceedings. 17,195
(I) Pending preparation of definitive obligations, the 17,197
issuing authority may issue interim receipts or certificates 17,198
which shall be exchanged for such definitive obligations. 17,199
(J) In the discretion of the issuing authority, 17,201
obligations may be secured additionally by a trust agreement or 17,202
indenture between the issuing authority and a corporate trustee 17,203
which may be any trust company or bank having its principal place 17,204
of business within the state. Any such agreement or indenture 17,205
may contain the order authorizing the issuance of the 17,207
obligations, any provisions that may be contained in any bond
proceedings, and other provisions which are customary or 17,208
appropriate in an agreement or indenture of such type, including, 17,209
but not limited to: 17,210
(1) Maintenance of each pledge, trust agreement, 17,212
indenture, or other instrument comprising part of the bond 17,213
proceedings until the state has fully paid the bond service 17,214
charges on the obligations secured thereby, or provision therefor 17,215
has been made; 17,216
(2) In the event of default in any payments required to be 17,218
made by the bond proceedings, or any other agreement of the 17,219
issuing authority made as a part of the contract under which the 17,220
obligations were issued, enforcement of such payments or 17,221
agreement by mandamus, the appointment of a receiver, suit in 17,222
equity, action at law, or any combination of the foregoing; 17,223
389
(3) The rights and remedies of the holders of obligations 17,225
and of the trustee, and provisions for protecting and enforcing 17,226
them, including limitations on the rights of individual holders 17,227
of obligations; 17,228
(4) The replacement of any obligations that become 17,230
mutilated or are destroyed, lost, or stolen; 17,231
(5) Such other provisions as the trustee and the issuing 17,233
authority agree upon, including limitations, conditions, or 17,234
qualifications relating to any of the foregoing. 17,235
(K) Any holder of obligations or a trustee under the bond 17,237
proceedings, except to the extent that the holder's or trustee's 17,239
rights are restricted by the bond proceedings, may by any 17,240
suitable form of legal proceedings, protect and enforce any 17,241
rights under the laws of this state or granted by such bond 17,242
proceedings. Such rights include the right to compel the 17,243
performance of all duties of the issuing authority and the 17,244
director of transportation required by the bond proceedings or 17,245
sections 5531.09 and 5531.10 of the Revised Code; to enjoin 17,246
unlawful activities; and in the event of default with respect to 17,248
the payment of any bond service charges on any obligations or in 17,249
the performance of any covenant or agreement on the part of the 17,250
issuing authority or the director of transportation in the bond 17,251
proceedings, to apply to a court having jurisdiction of the cause 17,252
to appoint a receiver to receive and administer the pledged 17,253
receipts and special funds, other than those in the custody of 17,254
the treasurer of state, which are pledged to the payment of the 17,255
bond service charges on such obligations or which are the subject 17,256
of the covenant or agreement, with full power to pay, and to 17,257
provide for payment of bond service charges on, such obligations, 17,258
and with such powers, subject to the direction of the court, as 17,259
are accorded receivers in general equity cases, excluding any 17,260
power to pledge additional revenues or receipts or other income 17,261
or moneys of the state or local governmental entities, or 17,263
agencies thereof, to the payment of such principal and interest 17,265
390
and excluding the power to take possession of, mortgage, or cause 17,266
the sale or otherwise dispose of any project facilities.
Each duty of the issuing authority and the issuing 17,268
authority's officers and employees, and of each state or local 17,269
governmental agency and its officers, members, or employees, 17,271
undertaken pursuant to the bond proceedings or any loan, loan 17,272
guarantee, lease, lease-purchase agreement, or other agreement 17,274
made under authority of section 5531.09 of the Revised Code, and 17,275
in every agreement by or with the issuing authority, is hereby 17,277
established as a duty of the issuing authority, and of each such 17,278
officer, member, or employee having authority to perform such 17,279
duty, specifically enjoined by the law resulting from an office, 17,280
trust, or station within the meaning of section 2731.01 of the 17,281
Revised Code.
The person who is at the time the issuing authority, or the 17,283
issuing authority's officers or employees, are not liable in 17,284
their personal capacities on any obligations issued by the 17,285
issuing authority or any agreements of or with the issuing 17,286
authority. 17,287
(L) The issuing authority may authorize and issue 17,289
obligations for the refunding, including funding and retirement, 17,290
and advance refunding with or without payment or redemption prior 17,291
to maturity, of any obligations previously issued by the issuing 17,292
authority. Such obligations may be issued in amounts sufficient 17,293
for payment of the principal amount of the prior obligations, any 17,294
redemption premiums thereon, principal maturities of any such 17,295
obligations maturing prior to the redemption of the remaining 17,296
obligations on a parity therewith, interest accrued or to accrue 17,297
to the maturity dates or dates of redemption of such obligations, 17,298
and any expenses incurred or to be incurred in connection with 17,300
such issuance and such refunding, funding, and retirement. 17,301
Subject to the bond proceedings therefor, the portion of proceeds 17,302
of the sale of obligations issued under this division to be 17,303
applied to bond service charges on the prior obligations shall be 17,304
391
credited to an appropriate account held by the trustee for such 17,305
prior or new obligations or to the appropriate account in the 17,306
bond service fund for such obligations. Obligations authorized 17,307
under this division shall be deemed to be issued for those 17,308
purposes for which such prior obligations were issued and are 17,309
subject to the provisions of this section pertaining to other 17,310
obligations, except as otherwise provided in this section. The 17,311
last maturity of obligations authorized under this division shall 17,312
not be later than twenty-five years from the date of issuance of 17,313
the original securities issued for the original purpose. 17,314
(M) The authority to issue obligations under this section 17,316
includes authority to issue obligations in the form of bond 17,317
anticipation notes and to renew the same from time to time by the 17,318
issuance of new notes. The holders of such notes or interest 17,319
coupons pertaining thereto shall have a right to be paid solely 17,320
from the pledged receipts and special funds that may be pledged 17,321
to the payment of the bonds anticipated, or from the proceeds of 17,322
such bonds or renewal notes, or both, as the issuing authority 17,323
provides in the order authorizing such notes. Such notes may be 17,325
additionally secured by covenants of the issuing authority to the 17,326
effect that the issuing authority and the state will do such or 17,327
all things necessary for the issuance of such bonds or renewal 17,328
notes in the appropriate amount, and apply the proceeds thereof 17,329
to the extent necessary, to make full payment of the principal of 17,330
and interest on such notes at the time or times contemplated, as 17,331
provided in such order. For such purpose, the issuing authority 17,332
may issue bonds or renewal notes in such principal amount and 17,333
upon such terms as may be necessary to provide funds to pay when 17,334
required the principal of and interest on such notes, 17,335
notwithstanding any limitations prescribed by or for purposes of 17,336
this section. Subject to this division, all provisions for and 17,337
references to obligations in this section are applicable to notes 17,338
authorized under this division. 17,339
The issuing authority in the bond proceedings authorizing 17,341
392
the issuance of bond anticipation notes shall set forth for such 17,342
bonds an estimated interest rate and a schedule of principal 17,343
payments for such bonds and the annual maturity dates thereof. 17,344
(N) Obligations issued under this section are lawful 17,346
investments for banks, societies for savings, savings and loan 17,347
associations, deposit guarantee associations, trust companies, 17,348
trustees, fiduciaries, insurance companies, including domestic 17,349
for life and domestic not for life, trustees or other officers 17,350
having charge of sinking and bond retirement or other special 17,351
funds of political subdivisions and taxing districts of this 17,352
state, the commissioners of the sinking fund of the state, the 17,353
administrator of workers' compensation in accordance with the 17,354
investment policy established by the workers' compensation 17,355
oversight commission pursuant to section 4121.12 of the Revised 17,356
Code, the state teachers retirement system, the public employees 17,357
retirement system, the school employees retirement system, and 17,358
the OHIO police and firemen's disability and FIRE pension fund, 17,360
notwithstanding any other provisions of the Revised Code or rules 17,362
adopted pursuant thereto by any agency of the state with respect 17,363
to investments by them, and are also acceptable as security for 17,364
the deposit of public moneys. 17,365
(O) Unless otherwise provided in any applicable bond 17,367
proceedings, moneys to the credit of or in the special funds 17,368
established by or pursuant to this section may be invested by or 17,369
on behalf of the issuing authority only in notes, bonds, or other 17,370
obligations of the United States, or of any agency or 17,371
instrumentality of the United States, obligations guaranteed as 17,373
to principal and interest by the United States, obligations of 17,374
this state or any political subdivision of this state, and 17,375
certificates of deposit of any national bank located in this 17,376
state and any bank, as defined in section 1101.01 of the Revised 17,377
Code, subject to inspection by the superintendent of financial 17,378
institutions. If the law or the instrument creating a trust 17,380
pursuant to division (J) of this section expressly permits 17,381
393
investment in direct obligations of the United States or an 17,382
agency of the United States, unless expressly prohibited by the 17,383
instrument, such moneys also may be invested in no-front-end-load 17,384
money market mutual funds consisting exclusively of obligations 17,385
of the United States or an agency of the United States and in 17,387
repurchase agreements, including those issued by the fiduciary 17,388
itself, secured by obligations of the United States or an agency 17,389
of the United States; and in collective investment funds as 17,392
defined in division (A) of section 1111.01 of the Revised Code 17,393
and consisting exclusively of any such securities. The income 17,396
from such investments shall be credited to such funds as the 17,397
issuing authority determines, and such investments may be sold at 17,398
such times as the issuing authority determines or authorizes. 17,399
(P) Provision may be made in the applicable bond 17,401
proceedings for the establishment of separate accounts in the 17,402
bond service fund and for the application of such accounts only 17,403
to the specified bond service charges on obligations pertinent to 17,404
such accounts and bond service fund and for other accounts 17,405
therein within the general purposes of such fund. Unless 17,406
otherwise provided in any applicable bond proceedings, moneys to 17,407
the credit of or in the several special funds established 17,408
pursuant to this section shall be disbursed on the order of the 17,409
treasurer of state, provided that no such order is required for 17,410
the payment from the bond service fund when due of bond service 17,411
charges on obligations. 17,412
(Q)(1) The issuing authority may pledge all, or such 17,415
portion as the issuing authority determines, of the pledged 17,416
receipts to the payment of bond service charges on obligations 17,417
issued under this section, and for the establishment and 17,418
maintenance of any reserves, as provided in the bond proceedings, 17,419
and make other provisions therein with respect to pledged 17,420
receipts as authorized by this chapter, which provisions are 17,421
controlling notwithstanding any other provisions of law 17,422
pertaining thereto.
394
(2) An action taken under division (Q)(2) of this section 17,425
does not limit the generality of division (Q)(1) of this section, 17,426
and is subject to division (C) of this section and, if and to the 17,427
extent otherwise applicable, Section 13 of Article VIII, Ohio 17,429
Constitution. The bond proceedings may contain a covenant that, 17,430
in the event the pledged receipts primarily pledged and required 17,431
to be used for the payment of bond service charges on obligations 17,432
issued under this section, and for the establishment and 17,433
maintenance of any reserves, as provided in the bond proceedings, 17,434
are insufficient to make any such payment in full when due, or to
maintain any such reserve, the director of transportation shall 17,435
so notify the governor, and shall determine to what extent, if 17,436
any, the payment may be made or moneys may be restored to the 17,437
reserves from lawfully available moneys previously appropriated 17,438
for that purpose to the department of transportation. The 17,439
covenant also may provide that if the payments are not made or 17,440
the moneys are not immediately and fully restored to the reserves 17,442
from such moneys, the director shall promptly submit to the 17,443
governor and to the director of budget and management a written 17,444
request for either or both of the following:
(a) That the next biennial budget submitted by the 17,446
governor to the general assembly include an amount to be 17,447
appropriated from lawfully available moneys to the department for 17,449
the purpose of and sufficient for the payment in full of bond 17,450
service charges previously due and for the full replenishment of 17,451
the reserves;
(b) That the general assembly be requested to increase 17,453
appropriations from lawfully available moneys for the department 17,455
in the current biennium sufficient for the purpose of and for the 17,456
payment in full of bond service charges previously due and to
come due in the biennium and for the full replenishment of the 17,457
reserves.
The director of transportation shall include with such 17,459
requests a recommendation that the payment of the bond service 17,461
395
charges and the replenishment of the reserves be made in the 17,462
interest of maximizing the benefits of the state infrastructure
bank. Any such covenant shall not obligate or purport to 17,463
obligate the state to pay the bond service charges on such bonds 17,465
or notes or to deposit moneys in a reserve established for such 17,466
payments other than from moneys that may be lawfully available 17,467
and appropriated for that purpose during the then-current
biennium. 17,468
(R) There is hereby created the state infrastructure bank 17,470
revenue bond service fund, which shall be in the custody of the 17,471
treasurer of state but shall not be a part of the state treasury. 17,473
All moneys received by or on account of the issuing authority or 17,474
state agencies and required by the applicable bond proceedings, 17,475
consistent with this section, to be deposited, transferred, or 17,476
credited to the bond service fund, and all other moneys 17,477
transferred or allocated to or received for the purposes of the
fund, shall be deposited and credited to such fund and to any 17,478
separate accounts therein, subject to applicable provisions of 17,479
the bond proceedings, but without necessity for any act of 17,480
appropriation. The state infrastructure bank revenue bond 17,483
service fund is a trust fund and is hereby pledged to the payment 17,484
of bond service charges to the extent provided in the applicable 17,485
bond proceedings, and payment thereof from such fund shall be 17,486
made or provided for by the treasurer of state in accordance with 17,487
such bond proceedings without necessity for any act of 17,488
appropriation.
(S) The obligations issued pursuant to this section, the 17,490
transfer thereof, and the income therefrom, including any profit 17,491
made on the sale thereof, shall at all times be free from 17,492
taxation within this state.
Sec. 5537.08. (A) The Ohio turnpike commission may 17,501
provide by resolution for the issuance, at one time or from time 17,502
to time, of revenue bonds of the state for the purpose of paying 17,503
all or any part of the cost of any one or more turnpike projects. 17,504
396
The bond service charges shall be payable solely from pledged 17,505
revenues pledged for such payment pursuant to the applicable bond 17,506
proceedings. The bonds of each issue shall be dated, shall bear 17,507
interest at a rate or rates or at variable rates, and shall 17,508
mature or be payable at such time or times, with a final maturity 17,509
not to exceed forty years from their date or dates, all as 17,510
determined by the commission in the bond proceedings. The 17,511
commission shall determine the form of the bonds, including any 17,512
interest coupons to be attached thereto, and shall fix the 17,513
denomination or denominations of the bonds and the place or 17,514
places of payment of bond service charges. 17,515
(B) The bonds shall be signed by the chairman CHAIRPERSON 17,517
or vice-chairman VICE-CHAIRPERSON of the commission or by the 17,518
facsimile signature of that officer, the official seal of the 17,519
commission or a facsimile thereof shall be affixed thereto or 17,520
printed thereon and attested by the secretary-treasurer of the 17,521
commission, which may be by facsimile signature, and any coupons 17,522
attached thereto shall bear the facsimile signature of the 17,523
chairman CHAIRPERSON or vice-chairman VICE-CHAIRPERSON of the 17,524
commission. In case any officer whose signature, or a facsimile 17,525
of whose signature, appears on any bonds or coupons ceases to be 17,526
such officer before delivery of bonds, such signature or 17,527
facsimile shall nevertheless be valid and sufficient for all 17,528
purposes the same as if he THE OFFICER had remained in office 17,529
until such delivery. 17,530
(C) Subject to the bond proceedings and provisions for 17,532
registration, the bonds shall have all the qualities and 17,533
incidents of negotiable instruments under Title XIII of the 17,534
Revised Code. The bonds may be issued in such form or forms as 17,535
the commission determines, including without limitation coupon, 17,536
book entry, and fully registered form, and provision may be made 17,537
for the registration of any coupon bonds as to principal alone 17,538
and also as to both principal and interest, and for the exchange 17,539
of bonds between forms. The commission may sell such bonds by 17,540
397
competitive bid on the best bid after advertisement or request 17,541
for bids or by private sale in the manner, and for the price, it 17,542
determines to be for the best interest of the state. The 17,543
determination of the commission as to the manner of sale, by 17,544
competitive bid or by private sale, shall be approved by the 17,545
controlling board. 17,546
(D) The proceeds of the bonds of each issue shall be used 17,548
solely for the payment of the costs of the turnpike project or 17,549
projects for which such bonds were issued, and shall be disbursed 17,550
in such manner and under such restrictions as the commission 17,551
provides in the bond proceedings. 17,552
(E) Prior to the preparation of definitive bonds, the 17,554
commission may, under like restrictions, issue interim receipts 17,555
or temporary bonds or bond anticipation notes, with or without 17,556
coupons, exchangeable for definitive bonds when such bonds have 17,557
been executed and are available for delivery. The commission may 17,558
provide for the replacement of any mutilated, stolen, destroyed, 17,559
or lost bonds. Bonds may be issued by the commission under this 17,560
chapter without obtaining the consent of any state agency, and 17,561
without any other proceedings or the happening of any other 17,562
conditions or things than those proceedings, conditions, or 17,563
things that are specifically required by this chapter or those 17,565
proceedings. 17,566
(F) Sections 9.98 to 9.983 of the Revised Code apply to 17,568
the bonds. 17,569
(G) The bond proceedings shall provide, subject to the 17,571
provisions of any other applicable bond proceedings, for the 17,572
pledge to the payment of bond service charges and of any costs of 17,573
or relating to credit enhancement facilities of all, or such part 17,574
as the commission may determine, of the pledged revenues and the 17,575
applicable special fund or funds, which pledges may be made to 17,576
secure the bonds on a parity with bonds theretofore or thereafter 17,577
issued if and to the extent provided in the bond proceedings. 17,578
Every pledge, and every covenant and agreement with respect 17,579
398
thereto, made in the bond proceedings may in the bond proceedings 17,580
be extended to the benefit of the owners and holders of bonds and 17,581
to any trustee and any person providing a credit enhancement 17,582
facility for those bonds, for the further security for the 17,583
payment of the bond service charges and credit enhancement 17,584
facility costs. 17,585
(H) The bond proceedings may contain additional provisions 17,587
as to: 17,588
(1) The redemption of bonds prior to maturity at the 17,590
option of the commission or of the bondholders or upon the 17,591
occurrence of certain stated conditions, and at such price or 17,592
prices and under such terms and conditions as are provided in the 17,593
bond proceedings; 17,594
(2) Other terms of the bonds; 17,596
(3) Limitations on the issuance of additional bonds; 17,598
(4) The terms of any trust agreement securing the bonds or 17,600
under which the same may be issued; 17,601
(5) Any or every provision of the bond proceedings being 17,603
binding upon the commission and state agencies, or other person 17,604
as may from time to time have the authority under law to take 17,605
such actions as may be necessary to perform all or any part of 17,606
the duty required by such provision; 17,607
(6) Any provision that may be made in a trust agreement; 17,610
(7) Any other or additional agreements with the holders of 17,612
the bonds, or the trustee therefor, relating to the bonds or the 17,613
security for the bonds, including agreements for credit 17,614
enhancement facilities. 17,615
(I) Any holder of bonds or a trustee under the bond 17,617
proceedings, except to the extent that his THE HOLDER'S OR 17,618
TRUSTEE'S rights are restricted by the bond proceedings, may by 17,619
any suitable form of legal proceedings, protect and enforce any 17,620
rights under the laws of this state or granted by the bond 17,622
proceedings. Those rights include the right to compel the 17,623
performance of all duties of the commission and state agencies 17,624
399
required by this chapter or the bond proceedings; to enjoin 17,625
unlawful activities; and in the event of default with respect to 17,626
the payment of any bond service charges on any bonds or in the 17,627
performance of any covenant or agreement on the part of the 17,628
commission contained in the bond proceedings, to apply to a court 17,629
having jurisdiction of the cause to appoint a receiver to receive 17,630
and administer the revenues and the pledged revenues which are 17,631
pledged to the payment of the bond service charges on such bonds 17,632
or which are the subject of the covenant or agreement, with full 17,633
power to pay, and to provide for payment of, bond service charges 17,634
on such bonds, and with such powers, subject to the direction of 17,635
the court, as are accorded receivers in general equity cases, 17,636
excluding any power to pledge additional revenues or receipts or 17,637
other income, funds, or moneys of the commission or state 17,638
agencies to the payment of such bond service charges and 17,639
excluding the power to take possession of, mortgage, or cause the 17,640
sale or otherwise dispose of any turnpike project or other 17,641
property of the commission.
(J) Each duty of the commission and the commission's 17,643
officers and employees, undertaken pursuant to the bond 17,644
proceedings, is hereby established as a duty of the commission, 17,645
and of each such officer, member, or employee having authority to 17,646
perform the duty, specifically enjoined by law resulting from an 17,647
office, trust, or station within the meaning of section 2731.01 17,648
of the Revised Code. 17,649
(K) The commission's officers or employees are not liable 17,651
in their personal capacities on any bonds issued by the 17,652
commission or any agreements of or with the commission relating 17,653
to those bonds. 17,654
(L) The bonds are lawful investments for banks, savings 17,656
and loan associations, credit union share guaranty corporations, 17,657
trust companies, trustees, fiduciaries, insurance companies, 17,658
including domestic for life and domestic not for life, trustees 17,659
or other officers having charge of sinking and bond retirement or 17,660
400
other funds of the state or its political subdivisions and taxing 17,661
districts, the commissioners of the sinking fund of the state, 17,662
the administrator of workers' compensation, the state teachers 17,663
retirement system, the public employees retirement system, the 17,665
school employees retirement system, and the OHIO police and 17,666
firemen's disability and FIRE pension fund, notwithstanding any 17,668
other provisions of the Revised Code or rules adopted pursuant 17,669
thereto by any state agency with respect to investments by them,
and are also acceptable as security for the repayment of the 17,670
deposit of public moneys. 17,671
(M) Provision may be made in the applicable bond 17,673
proceedings for the establishment of separate accounts in the 17,674
bond service fund and for the application of such accounts only 17,675
to the specified bond service charges pertinent to such accounts 17,676
and bond service fund, and for other accounts therein within the 17,677
general purposes of such fund. 17,678
(N) The commission may pledge all, or such portion as it 17,680
determines, of the pledged revenues to the payment of bond 17,681
service charges, and for the establishment and maintenance of any 17,682
reserves and special funds, as provided in the bond proceedings, 17,683
and make other provisions therein with respect to pledged 17,684
revenues, revenues, and net revenues as authorized by this 17,685
chapter, which provisions are controlling notwithstanding any 17,686
other provisions of law pertaining thereto. 17,687
Sec. 5540.06. (A) The board of trustees of a 17,696
transportation improvement district may provide by resolution for 17,697
the issuance, at one time or from time to time, of bonds of the 17,698
district for the purpose of paying all or any part of the cost of 17,699
any one or more projects. The bond service charges shall be 17,700
payable solely from pledged revenues pledged for such payment 17,701
pursuant to the applicable bond proceedings. The bonds of each 17,702
issue shall be dated, shall bear interest at a rate or rates or 17,703
at variable rates, and shall mature or be payable at such time or 17,704
times, with a final maturity not to exceed thirty years from 17,705
401
their date or dates, all as determined by the board in the bond 17,706
proceedings. The board shall determine the form of the bonds, 17,707
including any interest coupons to be attached thereto, and shall 17,708
fix the denomination or denominations of the bonds and the place 17,709
or places of payment of bond service charges. 17,710
(B) The bonds shall be signed by the chairperson or 17,712
vice-chairperson of the board or by the facsimile signature of 17,714
that officer, the official seal of the district or a facsimile
thereof may be affixed thereto or printed thereon and attested by 17,715
the secretary-treasurer of the district, which may be by 17,716
facsimile signature, and any coupons attached thereto shall bear 17,717
the facsimile signature of the chairperson or vice-chairperson of 17,719
the board. In case any officer whose signature, or a facsimile 17,720
of whose signature, appears on any bonds or coupons ceases to be 17,721
such officer before delivery of THE bonds, such signature or 17,722
facsimile shall nevertheless be valid and sufficient for all 17,723
purposes the same as if the officer had remained in office until 17,725
such delivery.
(C) Subject to the bond proceedings and provisions for 17,727
registration, the bonds shall have all the qualities and 17,728
incidents of negotiable instruments under Title XIII of the 17,729
Revised Code. The bonds may be issued in such form or forms as 17,730
the board determines, including without limitation coupon, book 17,731
entry, and fully registered form, and provision may be made for 17,732
the registration of any coupon bonds as to principal alone and 17,733
also as to both principal and interest, and for the exchange of 17,734
bonds between forms. The board may sell such bonds by 17,735
competitive bid on the best bid after advertisement or request 17,736
for bids or by private sale in the manner, and for the price, it 17,737
determines to be for the best interest of the district. 17,738
(D) The proceeds of the bonds of each issue shall be used 17,740
solely for the payment of the costs of the project or projects 17,741
for which the bonds were issued, and shall be disbursed in such 17,742
manner and under such restrictions as the board provides in the 17,743
402
bond proceedings. 17,744
(E) Prior to the preparation of definitive bonds, the 17,746
board may, under like restrictions, issue interim receipts or 17,747
temporary bonds or bond anticipation notes, with or without 17,748
coupons, exchangeable for definitive bonds when such bonds have 17,749
been executed and are available for delivery. The board may 17,750
provide for the replacement of any mutilated, stolen, destroyed, 17,751
or lost bonds. 17,752
(F) Sections 9.98 to 9.983 of the Revised Code apply to 17,754
the bonds. 17,755
(G) The bond proceedings shall provide, subject to the 17,757
provisions of any other applicable bond proceedings, for the 17,758
pledge to the payment of bond service charges and of any costs of 17,759
or relating to credit enhancement facilities of all, or such part 17,760
as the board may determine, of the pledged revenues and the 17,761
applicable special fund or funds, which pledges may be made to 17,762
secure the bonds on a parity with bonds theretofore or thereafter 17,763
issued if and to the extent provided in the bond proceedings. 17,764
Every pledge, and every covenant and agreement with respect 17,765
thereto, made in the bond proceedings may in the bond proceedings 17,766
be extended to the benefit of the owners and holders of bonds and 17,767
to any trustee and any person providing a credit enhancement 17,768
facility for those bonds, for the further security for the 17,769
payment of the bond service charges and credit enhancement 17,770
facility costs. 17,771
(H) The bond proceedings may contain additional provisions 17,773
as to: 17,774
(1) The redemption of bonds prior to maturity at the 17,776
option of the board or of the bondholders or upon the occurrence 17,777
of certain stated conditions, and at such price or prices and 17,778
under such terms and conditions as are provided in the bond 17,779
proceedings; 17,780
(2) Other terms of the bonds; 17,782
(3) Limitations on the issuance of additional bonds; 17,784
403
(4) The terms of any trust agreement securing the bonds or 17,786
under which the same may be issued; 17,787
(5) Any or every provision of the bond proceedings being 17,789
binding upon the board and state agencies, or other person as may 17,790
from time to time have the authority under law to take such 17,791
actions as may be necessary to perform all or any part of the 17,792
duty required by such provision; 17,793
(6) Any provision that may be made in a trust agreement; 17,796
(7) Any other or additional agreements with the holders of 17,798
the bonds, or the trustee therefor, relating to the bonds or the 17,799
security for the bonds, including agreements for credit 17,800
enhancement facilities. 17,801
(I) Any holder of bonds or a trustee under the bond 17,803
proceedings, except to the extent that the holder's or trustee's 17,805
rights are restricted by the bond proceedings, may by any
suitable form of legal proceedings, protect and enforce any 17,806
rights under the laws of this state or granted by the bond 17,808
proceedings. Those rights include the right to compel the 17,809
performance of all duties of the board required by this chapter 17,810
or the bond proceedings; to enjoin unlawful activities; and in 17,811
the event of default with respect to the payment of any bond 17,812
service charges on any bonds or in the performance of any 17,813
covenant or agreement on the part of the board contained in the 17,814
bond proceedings, to apply to a court having jurisdiction of the 17,815
cause to appoint a receiver to receive and administer the 17,816
revenues and the pledged revenues which are pledged to the 17,817
payment of the bond service charges on such bonds or that are the 17,818
subject of the covenant or agreement, with full power to pay, and 17,820
to provide for payment of, bond service charges on such bonds, 17,821
and with such powers, subject to the direction of the court, as 17,822
are accorded receivers in general equity cases, excluding any 17,823
power to pledge additional revenue or receipts or other income, 17,824
funds, or moneys of the board to the payment of such bond service 17,825
charges and excluding the power to take possession of, mortgage, 17,826
404
or cause the sale or otherwise dispose of any project or other 17,827
property of the board. 17,828
(J) Each duty of the board and the board's officers and 17,830
employees, undertaken pursuant to the bond proceedings, is hereby 17,831
established as a duty of the board, and of each such officer, 17,832
member, or employee having authority to perform the duty, 17,833
specifically enjoined by law resulting from an office, trust, or 17,834
station within the meaning of section 2731.01 of the Revised 17,835
Code. 17,836
(K) The board's officers or employees are not liable in 17,838
their personal capacities on any bonds issued by the board or any 17,839
agreements of or with the board relating to those bonds. 17,840
(L) The bonds are lawful investments for banks, savings 17,842
and loan associations, credit union share guaranty corporations, 17,843
trust companies, trustees, fiduciaries, insurance companies, 17,844
including domestic for life and domestic not for life, trustees 17,845
or other officers having charge of sinking and bond retirement or 17,846
other funds of the state or its political subdivisions and taxing 17,847
districts, the commissioners of the sinking fund of the state, 17,848
the administrator of workers' compensation, the state teachers 17,849
retirement system, the public employees retirement system, the 17,851
school employees retirement system, and the OHIO police and 17,852
firemen's disability and FIRE pension fund, notwithstanding any 17,854
other provisions of the Revised Code or rules adopted pursuant 17,855
thereto by any state agency with respect to investments by them, 17,856
and also are acceptable as security for the repayment of the 17,858
deposit of public moneys.
(M) Provision may be made in the applicable bond 17,860
proceedings for the establishment of separate accounts in the 17,861
bond service fund and for the application of such accounts only 17,862
to the specified bond service charges pertinent to such accounts 17,863
and bond service fund, and for other accounts therein within the 17,864
general purposes of such fund. 17,865
(N) The board may pledge all, or such portion as it 17,867
405
determines, of the pledged revenues to the payment of bond 17,868
service charges, and for the establishment and maintenance of any 17,869
reserves and special funds, as provided in the bond proceedings, 17,870
and make other provisions therein with respect to pledged 17,871
revenues, revenues, and net revenues as authorized by this 17,872
chapter, which provisions shall be controlling notwithstanding 17,873
any other provisions of law pertaining thereto. 17,874
Sec. 5705.19. This section does not apply to school 17,881
districts or county school financing districts. 17,882
The taxing authority of any subdivision at any time and in 17,884
any year, by vote of two-thirds of all the members of the taxing 17,885
authority, may declare by resolution and certify the resolution 17,886
to the board of elections not less than seventy-five days before 17,887
the election upon which it will be voted that the amount of taxes 17,888
that may be raised within the ten-mill limitation will be 17,889
insufficient to provide for the necessary requirements of the 17,890
subdivision and that it is necessary to levy a tax in excess of 17,891
that limitation for any of the following purposes: 17,892
(A) For current expenses of the subdivision, except that 17,894
the total levy for current expenses of a detention home district 17,895
or district organized under section 2151.65 of the Revised Code 17,896
shall not exceed two mills and that the total levy for current 17,897
expenses of a combined district organized under sections 2151.34 17,898
and 2151.65 of the Revised Code shall not exceed four mills; 17,899
(B) For the payment of debt charges on certain described 17,901
bonds, notes, or certificates of indebtedness of the subdivision 17,902
issued subsequent to January 1, 1925; 17,903
(C) For the debt charges on all bonds, notes, and 17,905
certificates of indebtedness issued and authorized to be issued 17,906
prior to January 1, 1925; 17,907
(D) For a public library of, or supported by, the 17,909
subdivision under whatever law organized or authorized to be 17,910
supported; 17,911
(E) For a municipal university, not to exceed two mills 17,913
406
over the limitation of one mill prescribed in section 3349.13 of 17,914
the Revised Code; 17,915
(F) For the construction or acquisition of any specific 17,917
permanent improvement or class of improvements that the taxing 17,918
authority of the subdivision may include in a single bond issue; 17,919
(G) For the general construction, reconstruction, 17,921
resurfacing, and repair of streets, roads, and bridges in 17,922
municipal corporations, counties, or townships; 17,923
(H) For recreational purposes; 17,925
(I) For the purpose of providing and maintaining fire 17,927
apparatus, appliances, buildings, or sites therefor, or sources 17,928
of water supply and materials therefor, or the establishment and 17,929
maintenance of lines of fire alarm telegraph, or the payment of 17,930
permanent, part-time, or volunteer firefighters or fire-fighting 17,932
companies to operate the same, including the payment of the 17,933
firefighters employer's FIREFIGHTER EMPLOYERS' contribution 17,935
required under section 742.34 of the Revised Code, or to purchase 17,937
ambulance equipment, or to provide ambulance, paramedic, or other 17,938
emergency medical services operated by a fire department or 17,939
fire-fighting company;
(J) For the purpose of providing and maintaining motor 17,941
vehicles, communications, and other equipment used directly in 17,942
the operation of a police department, or the payment of salaries 17,943
of permanent police personnel, including the payment of the 17,944
police employer's OFFICER EMPLOYERS' contribution required under 17,946
section 742.33 of the Revised Code, or the payment of the costs 17,947
incurred by townships as a result of contracts made with other 17,948
political subdivisions in order to obtain police protection, or 17,949
to provide ambulance or emergency medical services operated by a 17,950
police department; 17,951
(K) For the maintenance and operation of a county home; 17,953
(L) For community mental retardation and developmental 17,955
disabilities programs and services pursuant to Chapter 5126. of 17,956
the Revised Code, except that the procedure for such levies shall 17,957
407
be as provided in section 5705.222 of the Revised Code; 17,958
(M) For regional planning; 17,960
(N) For a county's share of the cost of maintaining and 17,962
operating schools, district detention homes, forestry camps, or 17,963
other facilities, or any combination thereof established under 17,964
section 2151.34 or 2151.65 of the Revised Code or both of those 17,965
sections; 17,966
(O) For providing for flood defense, providing and 17,968
maintaining a flood wall or pumps, and other purposes to prevent 17,969
floods; 17,970
(P) For maintaining and operating sewage disposal plants 17,972
and facilities; 17,973
(Q) For the purpose of purchasing, acquiring, 17,975
constructing, enlarging, improving, equipping, repairing, 17,976
maintaining, or operating, or any combination of the foregoing, a 17,977
county transit system pursuant to sections 306.01 to 306.13 of 17,978
the Revised Code, or to make any payment to a board of county 17,979
commissioners operating a transit system or a county transit 17,980
board pursuant to section 306.06 of the Revised Code; 17,981
(R) For the subdivision's share of the cost of acquiring 17,983
or constructing any schools, forestry camps, detention homes, or 17,984
other facilities, or any combination thereof under section 17,985
2151.34 or 2151.65 of the Revised Code or both of those sections; 17,986
(S) For the prevention, control, and abatement of air 17,988
pollution; 17,989
(T) For maintaining and operating cemeteries; 17,991
(U) For providing ambulance service, emergency medical 17,993
service, or both; 17,994
(V) For providing for the collection and disposal of 17,996
garbage or refuse, including yard waste; 17,997
(W) For the payment of the police employer's OFFICER 17,999
EMPLOYERS' contribution or the firefighters employer's 18,001
FIREFIGHTER EMPLOYERS' contribution required under sections 18,004
742.33 and 742.34 of the Revised Code;
408
(X) For the construction and maintenance of a drainage 18,006
improvement pursuant to section 6131.52 of the Revised Code; 18,007
(Y) For providing or maintaining senior citizens services 18,009
or facilities as authorized by section 307.694, 307.85, 505.70, 18,010
505.706, or division (EE) of section 717.01 of the Revised Code; 18,011
(Z) For the provision and maintenance of zoological park 18,013
services and facilities as authorized under section 307.76 of the 18,014
Revised Code; 18,015
(AA) For the maintenance and operation of a free public 18,017
museum of art, science, or history; 18,018
(BB) For the establishment and operation of a 9-1-1 18,020
system, as defined in section 4931.40 of the Revised Code; 18,021
(CC) For the purpose of acquiring, rehabilitating, or 18,023
developing rail property or rail service. As used in this 18,024
division, "rail property" and "rail service" have the same 18,025
meanings as in section 4981.01 of the Revised Code. This 18,026
division applies only to a county, township, or municipal 18,027
corporation. 18,028
(DD) For the purpose of acquiring property for, 18,030
constructing, operating, and maintaining community centers as 18,031
provided for in section 755.16 of the Revised Code; 18,032
(EE) For the creation and operation of an office or joint 18,034
office of economic development, for any economic development 18,035
purpose of the office, and to otherwise provide for the 18,036
establishment and operation of a program of economic development 18,037
pursuant to sections 307.07 and 307.64 of the Revised Code; 18,038
(FF) For the purpose of acquiring, establishing, 18,040
constructing, improving, equipping, maintaining, or operating, or 18,041
any combination of the foregoing, a township airport, landing 18,042
field, or other air navigation facility pursuant to section 18,043
505.15 of the Revised Code; 18,044
(GG) For the payment of costs incurred by a township as a 18,046
result of a contract made with a county pursuant to section 18,047
505.263 of the Revised Code in order to pay all or any part of 18,048
409
the cost of constructing, maintaining, repairing, or operating a 18,049
water supply improvement; 18,050
(HH) For a board of township trustees to acquire, other 18,052
than by appropriation, an ownership interest in land, water, or 18,053
wetlands, or to restore or maintain land, water, or wetlands in 18,054
which the board has such an interest, not for purposes of 18,055
recreation, but for the purposes of protecting and preserving the 18,056
natural, scenic, open, or wooded condition of the land, water, or 18,057
wetlands against modification or encroachment resulting from 18,058
occupation, development, or other use, which may be styled as 18,059
protecting or preserving "greenspace" in the resolution, notice 18,060
of election, or ballot form; 18,061
(II) For the support by a county of a crime victim 18,063
assistance program that is provided and maintained by a county 18,064
agency or a private, nonprofit corporation or association under 18,065
section 307.62 of the Revised Code; 18,066
(JJ) For any or all of the purposes set forth in divisions 18,068
(I) and (J) of this section. This division applies only to a 18,069
township. 18,070
(KK) For a countywide public safety communications system 18,072
under section 307.63 of the Revised Code. This division applies 18,073
only to counties. 18,074
(LL) For the support by a county of criminal justice 18,076
services under section 307.45 of the Revised Code; 18,077
(MM) For the purpose of maintaining and operating a jail 18,079
or other detention facility as defined in section 2921.01 of the 18,080
Revised Code; 18,081
(NN) For purchasing, maintaining, or improving, or any 18,083
combination of the foregoing, real estate on which to hold 18,084
agricultural fairs. This division applies only to a county. 18,085
(OO) For constructing, rehabilitating, repairing, or 18,087
maintaining sidewalks, walkways, trails, bicycle pathways, or 18,088
similar improvements, or acquiring ownership interests in land 18,089
necessary for the foregoing improvements, by a board of township 18,090
410
trustees;
(PP) For both of the purposes set forth in divisions (G) 18,092
and (OO) of this section. This division applies only to a 18,093
township.
(QQ) For the legislative authority of a municipal 18,095
corporation, board of county commissioners of a county, or board 18,096
of township trustees of a township to acquire agricultural 18,097
easements, as defined in section 5301.67 of the Revised Code, and 18,099
to supervise and enforce the easements. 18,100
The resolution shall be confined to the purpose or purposes 18,102
described in one division of this section, to which the revenue 18,103
derived therefrom shall be applied. The existence in any other 18,104
division of this section of authority to levy a tax for any part 18,105
or all of the same purpose or purposes does not preclude the use 18,106
of such revenues for any part of the purpose or purposes of the 18,107
division under which the resolution is adopted. 18,108
The resolution shall specify the amount of the increase in 18,110
rate that it is necessary to levy, the purpose thereof, and the 18,111
number of years during which the increase in rate shall be in 18,112
effect, which may or may not include a levy upon the duplicate of 18,113
the current year. The number of years may be any number not 18,114
exceeding five, except as follows: 18,115
(1) When the additional rate is for the payment of debt 18,117
charges, the increased rate shall be for the life of the 18,118
indebtedness. 18,119
(2) When the additional rate is for any of the following, 18,121
the increased rate shall be for a continuing period of time: 18,122
(a) For the current expenses for a detention home 18,124
district, a district organized under section 2151.65 of the 18,125
Revised Code, or a combined district organized under sections 18,126
2151.34 and 2151.65 of the Revised Code; 18,127
(b) For providing a county's share of the cost of 18,129
maintaining and operating schools, district detention homes, 18,130
forestry camps, or other facilities, or any combination thereof, 18,131
411
established under section 2151.34 or 2151.65 of the Revised Code 18,132
or under both of those sections. 18,133
(3) When the additional rate is for any of the following, 18,135
the increased rate may be for a continuing period of time: 18,136
(a) For the purposes set forth in division (I), (J), (U), 18,138
or (KK) of this section; 18,139
(b) For the maintenance and operation of a joint 18,141
recreation district; 18,142
(c) A levy imposed by a township for the purposes set 18,144
forth in division (G) of this section. 18,145
(4) When the increase is for the purpose set forth in 18,147
division (D) or (CC) of this section or for both of the purposes 18,148
set forth in divisions (G) and (OO) of this section, the tax levy 18,149
may be for any specified number of years or for a continuing 18,151
period of time, as set forth in the resolution. 18,152
(5) When the additional rate is for the purpose described 18,154
in division (Z) of this section, the increased rate shall be for 18,155
any number of years not exceeding ten. 18,156
A levy for the purposes set forth in division (I), (J), or 18,158
(U) of this section, and a levy imposed by a township for the 18,159
purposes set forth in division (G) of this section, may be 18,160
reduced pursuant to section 5705.261 or 5705.31 of the Revised 18,161
Code. A levy for the purposes set forth in division (I), (J), or 18,162
(U) of this section, and a levy imposed by a township for the 18,163
purposes set forth in division (G) of this section, may also be 18,164
terminated or permanently reduced by the taxing authority if it 18,165
adopts a resolution stating that the continuance of the levy is 18,166
unnecessary and the levy shall be terminated or that the millage 18,167
is excessive and the levy shall be decreased by a designated 18,168
amount. 18,169
A resolution of a detention home district, a district 18,171
organized under section 2151.65 of the Revised Code, or a 18,172
combined district organized under both sections 2151.34 and 18,173
2151.65 of the Revised Code may include both current expenses and 18,174
412
other purposes, provided that the resolution shall apportion the 18,175
annual rate of levy between the current expenses and other 18,176
purpose or purposes. The apportionment need not be the same for 18,177
each year of the levy, but the respective portions of the rate 18,178
actually levied each year for the current expenses and the other 18,179
purpose or purposes shall be limited by the apportionment. 18,180
Whenever a board of county commissioners, acting either as 18,182
the taxing authority of its county or as the taxing authority of 18,183
a sewer district or subdistrict created under Chapter 6117. of 18,184
the Revised Code, by resolution declares it necessary to levy a 18,185
tax in excess of the ten-mill limitation for the purpose of 18,186
constructing, improving, or extending sewage disposal plants or 18,187
sewage systems, the tax may be in effect for any number of years 18,188
not exceeding twenty, and the proceeds thereof, notwithstanding 18,189
the general provisions of this section, may be used to pay debt 18,190
charges on any obligations issued and outstanding on behalf of 18,191
the subdivision for the purposes enumerated in this paragraph, 18,192
provided that any such obligations have been specifically 18,193
described in the resolution. 18,194
The resolution shall go into immediate effect upon its 18,196
passage, and no publication of the resolution is necessary other 18,197
than that provided for in the notice of election. 18,198
When the electors of a subdivision have approved a tax levy 18,200
under this section, the taxing authority of the subdivision may 18,201
anticipate a fraction of the proceeds of the levy and issue 18,202
anticipation notes in accordance with section 5705.191 or 18,203
5705.193 of the Revised Code. 18,204
Sec. 5731.09. (A) Except as provided in division (B) of 18,214
this section, the value of the gross estate includes the value of 18,215
an annuity or other payment receivable by a beneficiary by reason 18,216
of surviving the decedent under any form of contract or agreement 18,217
under which an annuity or similar payment was payable to the 18,218
decedent, or the decedent possessed the right to receive such 18,219
annuity or payment, either alone or in conjunction with another, 18,220
413
for the decedent's life or for any period not ascertainable 18,221
without reference to the decedent's death, or for any period 18,222
which does not in fact end before the decedent's death. 18,223
However, the value of the gross estate includes only such 18,225
part of the value of the annuity or other payment receivable 18,226
under the contract or agreement as is proportionate to that part 18,227
of the purchase price of the contract or agreement contributed by 18,228
the decedent. The value of the gross estate does not include the 18,230
part of the value of the annuity or other payment as is
proportionate to the part of the purchase price of the contract 18,231
or agreement contributed by the employer or former employer of 18,232
the decedent, whether to an employee's trust or fund forming part 18,233
of a pension, annuity, retirement, bonus, or profit-sharing plan 18,234
or otherwise, if the contributions were made by reason of the 18,235
decedent's employment.
(B) The value of the gross estate does not include the 18,237
value of a pension or annuity accruing to any person under 18,239
federal employment, including service in the armed forces, or the 18,240
value of an annuity or other payment from the OHIO police and 18,241
firemen's disability and FIRE pension fund created by section 18,242
742.02 of the Revised Code, the firemen and policemen's OHIO 18,243
PUBLIC SAFETY OFFICERS death benefit fund created by section 18,245
742.62 of the Revised Code, the state highway patrol retirement 18,246
system created by section 5505.02 of the Revised Code, the public 18,247
employees retirement system created by section 145.03 of the 18,248
Revised Code, the state teachers retirement system created by 18,249
section 3307.03 of the Revised Code, and the school employees 18,250
retirement system created by section 3309.03 of the Revised Code. 18,251
Sec. 5747.071. (A) As used in this section: 18,260
(1) "Retirement system" means the public employees 18,262
retirement system, state teachers retirement system, school 18,263
employees retirement system, OHIO police and firemen's disability 18,265
and FIRE pension fund, state highway patrol retirement system, 18,266
and any municipal retirement system. 18,267
414
(2) "Benefits" means all annuities, allowances, pensions, 18,269
and other benefits paid by a retirement system. 18,270
(3) "Recipient" means any person receiving benefits from a 18,272
retirement system. 18,273
(B) Any recipient may request his THE RECIPIENT'S 18,275
retirement system to deduct and withhold from his THE RECIPIENT'S 18,277
benefits an amount during the calendar year reasonably estimated 18,279
to be equal to the tax due from the recipient under this chapter 18,280
for the year with respect to his THE RECIPIENT'S benefits from 18,281
the retirement system that are included in his THE RECIPIENT'S 18,282
adjusted gross income. The request shall be made pursuant to an 18,284
application filed with the retirement system, on a form the
system shall supply, and shall include the estimate of the 18,285
recipient of the amount of state income taxes that will be due in 18,286
the ensuing calendar year with respect to the benefits from the 18,287
retirement system. 18,288
(C) A retirement system with which an application is filed 18,290
under this section, commencing with the calendar year following 18,291
the year in which the application is filed, shall withhold from 18,292
the benefits of the recipient an amount that equals for the 18,293
calendar year, the amount of taxes that the recipient estimated 18,294
would be due for the year. The amount to be withheld for a 18,295
calendar year shall be apportioned throughout the calendar year. 18,296
(D) A recipient may submit an amended application to 18,298
increase or decrease the amount that will be withheld by the 18,299
retirement system in an ensuing year. 18,300
(E) A retirement system that withholds a portion of the 18,302
benefits of a recipient under this section shall file returns and 18,303
pay the amounts withheld in accordance with the requirements of 18,304
section 5747.07 of the Revised Code. 18,305
(F) Every retirement system required to deduct and 18,307
withhold tax from benefits pursuant to this section shall furnish 18,308
to the recipient, with respect to the benefits paid to him THE 18,309
RECIPIENT during the calendar year, on or before the thirty-first 18,310
415
day of January of the succeeding year, a written statement 18,311
showing the amount of benefits deducted and withheld as state 18,312
income tax, and such other information as the tax commissioner 18,313
requires.
(G) A retirement system may adopt rules governing 18,315
withholding under this section. 18,316
Sec. 6121.15. All water development revenue bonds issued 18,325
under this chapter are lawful investments of banks, societies for 18,326
savings, savings and loan associations, deposit guarantee 18,327
associations, trust companies, trustees, fiduciaries, insurance 18,328
companies, including domestic for life and domestic not for life, 18,329
trustees or other officers having charge of sinking and bond 18,330
retirement or other special funds of political subdivisions and
taxing districts of this state, the commissioners of the sinking 18,331
fund of the state, the administrator of workers' compensation, 18,332
the state teachers retirement system, the public employees 18,333
retirement system, the public school employees retirement system, 18,335
and the OHIO police and firemen's disability and FIRE pension 18,337
fund, and are acceptable as security for the deposit of public 18,338
moneys.
Sec. 6123.15. All development revenue bonds issued under 18,347
this chapter are lawful investments of banks, societies for 18,348
savings, savings and loan associations, deposit guarantee 18,349
associations, trust companies, trustees, fiduciaries, insurance 18,350
companies, including domestic for life and domestic not for life, 18,351
trustees or other officers having charge of sinking and bond
retirement or other special funds of political subdivisions and 18,352
taxing districts of this state, the commissioners of the sinking 18,353
fund of the state, the administrator of workers' compensation, 18,354
the state teachers retirement system, the public employees 18,355
retirement system, the school employees retirement system, and 18,356
the OHIO police and firemen's disability and FIRE pension fund, 18,357
and are acceptable as security for the deposit of public moneys. 18,358
Section 2. That existing sections 9.82, 124.41, 124.42, 18,360
416
133.03, 133.05, 145.01, 145.012, 145.02, 145.293, 145.295, 18,361
145.30, 145.31, 145.38, 145.58, 145.581, 146.01, 154.13, 164.09, 18,362
165.08, 166.08, 171.01, 171.03, 171.05, 175.09, 306.09, 306.85, 18,363
351.11, 505.38, 709.012, 717.07, 737.15, 737.16, 737.22, 742.01, 18,364
742.02, 742.03, 742.04, 742.05, 742.06, 742.07, 742.08, 742.09, 18,365
742.10, 742.11, 742.111, 742.112, 742.12, 742.13, 742.14, 742.15, 18,366
742.16, 742.22, 742.221, 742.23, 742.24, 742.25, 742.251, 742.26, 18,367
742.27, 742.30, 742.301, 742.31, 742.311, 742.32, 742.33, 742.34, 18,369
742.35, 742.36, 742.361, 742.362, 742.37, 742.371, 742.372, 18,370
742.373, 742.374, 742.375, 742.376, 742.379, 742.3711, 742.3712, 18,371
742.3713, 742.3714, 742.3715, 742.3716, 742.3717, 742.3718, 18,372
742.3719, 742.38, 742.381, 742.39, 742.40, 742.41, 742.42,
742.43, 742.44, 742.45, 742.46, 742.461, 742.47, 742.48, 742.50, 18,373
742.51, 742.511, 742.512, 742.513, 742.514, 742.515, 742.516, 18,374
742.52, 742.521, 742.53, 742.55, 742.56, 742.57, 742.58, 742.59, 18,375
742.60, 742.61, 742.62, 742.63, 902.10, 1555.08, 1557.03, 18,376
2329.66, 2907.15, 2921.41, 3111.20, 3113.21, 3307.28, 3307.32, 18,377
3307.33, 3307.381, 3307.412, 3307.74, 3309.26, 3309.31, 3309.341, 18,378
3309.351, 3309.69, 3318.26, 3345.12, 3366.04, 3377.11, 3706.14, 18,379
3729.01, 3737.947, 4582.44, 4981.15, 4981.19, 5505.161, 5505.201, 18,380
5505.28, 5528.54, 5531.10, 5537.08, 5540.06, 5705.19, 5731.09, 18,381
5747.071, 6121.15, and 6123.15 of the Revised Code are hereby 18,382
repealed.
Section 3. (A) Whenever the Police and Firemen's 18,384
Disability and Pension Fund is referred to in any law, contract, 18,385
or other document, the reference is hereby deemed to refer to the 18,386
Ohio Police and Fire Pension Fund.
(B) Whenever the Firemen's Contribution Fund is referred 18,388
to in any law, contract, or other document, the reference is 18,389
hereby deemed to refer to the Firefighters' Contribution Fund. 18,390
(C) Whenever the Firemen Employers' Contribution Fund is 18,392
referred to in any law, contract, or other document, the 18,393
reference is hereby deemed to refer to the Firefighter Employers' 18,394
Contribution Fund.
417
(D) Whenever the Firemen's Pension Reserve Fund is 18,396
referred to in any law, contract, or other document, the 18,397
reference is hereby deemed to refer to the Firefighters' Pension 18,398
Reserve Fund.
(E) Whenever the Policemen's Contribution Fund is referred 18,400
to in any law, contract, or other document, the reference is 18,401
hereby deemed to refer to the Police Officers' Contribution Fund. 18,402
(F) Whenever the Policemen Employers' Contribution Fund is 18,404
referred to in any law, contract, or other document, the 18,405
reference is hereby deemed to refer to the Police Officer 18,406
Employers' Contribution Fund.
(G) Whenever the Policemen's Pension Reserve Fund is 18,408
referred to in any law, contract, or other document, the 18,409
reference is hereby deemed to refer to the Police Officers' 18,410
Pension Reserve Fund.
(H) Whenever the Firemen and Policemen's Death Benefit 18,412
Fund is referred to in any law, contract, or other document, the 18,413
reference is hereby deemed to refer to the Ohio Public Safety 18,414
Officers Death Benefit Fund.
Section 4. Section 166.08 of the Revised Code is presented 18,416
in this act as a composite of the section as amended by both Am. 18,417
Sub. H.B. 538 and Am. Sub. S.B. 310 of the 121st General 18,419
Assembly, with the new language of neither of the acts shown in 18,420
capital letters. Section 306.09 of the Revised Code is presented 18,421
in this act as a composite of the section as amended by both Am. 18,423
Sub. H.B. 7 and Am. H.B. 61 of the 121st General Assembly, with
the new language of neither of the acts shown in capital letters. 18,425
Section 742.311 of the Revised Code is presented in this act as a 18,427
composite of the section as amended by both Sub. H.B. 670 and Am. 18,428
Sub. S.B. 82 of the 121st General Assembly, with the new language 18,429
of neither of the acts shown in capital letters. Section 742.41 18,431
of the Revised Code is presented in this act as a composite of 18,432
the section as amended by both Am. Sub. H.B. 627 and Am. Sub. 18,433
H.B. 668 of the 121st General Assembly, with the new language of 18,434
418
neither of the acts shown in capital letters. Section 2329.66 of 18,435
the Revised Code is presented in this act as a composite of the 18,436
section as amended by both Am. Sub. H.B. 108 and Am. Sub. S.B. 18,437
170 of the 122nd General Assembly, with the new language of 18,438
neither of the acts shown in capital letters. This is in 18,439
recognition of the principle stated in division (B) of section 18,440
1.52 of the Revised Code that such amendments are to be 18,441
harmonized where not substantively irreconcilable and constitutes 18,442
a legislative finding that such is the resulting version in 18,443
effect prior to the effective date of this act. 18,444