As Passed by the House 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-SCHULER-PERRY-SULLIVAN-VERICH-TAYLOR- 8
HAINES-CALVERT-WINKLER-CLANCY-O'BRIEN-MOTTLEY-DISTEL-ALLEN-PATTON- 8
SALERNO-DAMSCHRODER-MYERS-HOUSEHOLDER-DePIERO-FLANNERY-ROMAN-PERZ- 8
HARTNETT-SULZER 11
_________________________________________________________________ 12
A B I L L
To amend sections 9.82, 124.41, 124.42, 133.03, 14
133.05, 145.01, 145.012, 145.02, 145.293, 15
145.295, 145.30, 145.31, 145.38, 145.58, 145.581, 16
146.01, 154.13, 164.09, 165.08, 166.08, 171.01,
171.03, 171.05, 175.09, 306.09, 306.85, 351.11, 17
505.38, 709.012, 717.07, 737.15, 737.16, 737.22, 18
742.01, 742.02, 742.03, 742.04, 742.05, 742.06, 19
742.07, 742.08, 742.09, 742.10, 742.11, 742.111,
742.112, 742.12, 742.13, 742.14, 742.15, 742.16, 20
742.22, 742.221, 742.23, 742.24, 742.25, 742.251, 21
742.26, 742.27, 742.30, 742.301, 742.31, 742.311, 22
742.32, 742.33, 742.34, 742.35, 742.36, 742.361, 23
742.362, 742.37, 742.371, 742.372, 742.373, 24
742.374, 742.375, 742.376, 742.379, 742.3711,
742.3712, 742.3713, 742.3714, 742.3715, 742.3716, 25
742.3717, 742.3718, 742.3719, 742.38, 742.381, 26
742.39, 742.40, 742.41, 742.42, 742.43, 742.44,
742.45, 742.46, 742.461, 742.47, 742.48, 742.50, 27
742.51, 742.511, 742.512, 742.513, 742.514, 28
742.515, 742.516, 742.52, 742.521, 742.53, 29
742.55, 742.56, 742.57, 742.58, 742.59, 742.60,
742.61, 742.62, 742.63, 902.10, 1555.08, 1557.03, 30
2329.66, 2907.15, 2921.41, 3111.20, 3113.21, 31
3307.28, 3307.32, 3307.33, 3307.381, 3307.412,
2
3307.74, 3309.26, 3309.31, 3309.341, 3309.351, 32
3309.69, 3318.26, 3345.12, 3366.04, 3377.11, 33
3706.14, 3729.01, 3737.947, 4582.44, 4981.15,
4981.19, 5505.161, 5505.201, 5505.28, 5528.54, 34
5531.10, 5537.08, 5540.06, 5705.19, 5731.09, 35
5747.071, 6121.15, and 6123.15 of the Revised
Code to change the name of the Police and 36
Firemen's Disability and Pension Fund to the Ohio 37
Police and Fire Pension Fund and the name of the
Firemen and Policemen's Death Benefit Fund to the 38
Ohio Public Safety Officers Death Benefit Fund. 39
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 41
Section 1. That sections 9.82, 124.41, 124.42, 133.03, 43
133.05, 145.01, 145.012, 145.02, 145.293, 145.295, 145.30, 44
145.31, 145.38, 145.58, 145.581, 146.01, 154.13, 164.09, 165.08, 45
166.08, 171.01, 171.03, 171.05, 175.09, 306.09, 306.85, 351.11, 46
505.38, 709.012, 717.07, 737.15, 737.16, 737.22, 742.01, 742.02, 47
742.03, 742.04, 742.05, 742.06, 742.07, 742.08, 742.09, 742.10, 48
742.11, 742.111, 742.112, 742.12, 742.13, 742.14, 742.15, 742.16, 49
742.22, 742.221, 742.23, 742.24, 742.25, 742.251, 742.26, 742.27, 50
742.30, 742.301, 742.31, 742.311, 742.32, 742.33, 742.34, 742.35, 52
742.36, 742.361, 742.362, 742.37, 742.371, 742.372, 742.373, 53
742.374, 742.375, 742.376, 742.379, 742.3711, 742.3712, 742.3713, 54
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, 55
742.45, 742.46, 742.461, 742.47, 742.48, 742.50, 742.51, 742.511, 56
742.512, 742.513, 742.514, 742.515, 742.516, 742.52, 742.521, 57
742.53, 742.55, 742.56, 742.57, 742.58, 742.59, 742.60, 742.61, 58
742.62, 742.63, 902.10, 1555.08, 1557.03, 2329.66, 2907.15, 59
2921.41, 3111.20, 3113.21, 3307.28, 3307.32, 3307.33, 3307.381, 60
3307.412, 3307.74, 3309.26, 3309.31, 3309.341, 3309.351, 3309.69, 61
3318.26, 3345.12, 3366.04, 3377.11, 3706.14, 3729.01, 3737.947, 62
3
4582.44, 4981.15, 4981.19, 5505.161, 5505.201, 5505.28, 5528.54, 63
5531.10, 5537.08, 5540.06, 5705.19, 5731.09, 5747.071, 6121.15, 64
and 6123.15 of the Revised Code be amended to read as follows: 65
Sec. 9.82. As used in sections 9.82 to 9.83 of the Revised 74
Code: 75
(A) "State" means the state of Ohio, including, but not 77
limited to, the general assembly, the supreme court, the offices 78
of all elected state officers, and all departments, boards, 79
offices, commissions, agencies, institutions, and other 80
instrumentalities of the state of Ohio. "State" does not include 81
political subdivisions. 82
(B) "Political subdivision" means a county, city, village, 84
township, park district, or school district. 85
(C) "Personal property" means tangible personal property 87
owned, leased, controlled, or possessed by a state agency and 88
includes, but is not limited to, chattels, movable property, 89
merchandise, furniture, goods, livestock, vehicles, watercraft, 90
aircraft, movable machinery, movable tools, movable equipment, 91
general operating supplies, and media. 92
(D) "Media" means all active information processing 94
material, including all forms of data, program material, and 95
related engineering specifications employed in any state agency's 96
information processing operation. 97
(E) "Property" means real and personal property as defined 99
in divisions (C) and (F) of this section and any other property 100
in which the state determines it has an insurable interest. 101
(F) "Real property" means land or interests in land whose 103
title is vested in the state or that is under the control of the 104
state through a lease purchase agreement, installment purchase, 105
mortgage, lien, or otherwise, and includes, but is not limited 106
to, all buildings, structures, improvements, machinery, 107
equipment, or fixtures erected on, above, or under such land. 108
(G) "State agency" means every department, bureau, board, 110
commission, office, or other organized body established by the 111
4
constitution or laws of this state for the exercise of any 112
function of state government, the general assembly, all 113
legislative agencies, the supreme court, and the court of claims. 114
"State agency" does not include any state-supported institutions 115
of higher education, the public employees retirement system, the 116
OHIO police and fireman's disability and FIRE pension fund, the 118
state teachers retirement system, the school employees retirement 119
system, the state highway patrol retirement system, or the city 120
of Cincinnati retirement system. 121
Sec. 124.41. No person shall be eligible to receive an 130
original appointment to a police department, as a policeman or 131
policewoman POLICE OFFICER, subject to the civil service laws of 132
this state, unless he THE PERSON has reached the age of 134
twenty-one and has, not more than one hundred twenty days prior 136
to the date of such appointment, passed a physical examination, 137
given by a licensed physician, certifying that the applicant is 138
free of cardiovascular and pulmonary diseases, and showing that 139
he or she THE APPLICANT meets the physical requirements necessary 140
to perform the duties of a policeman or policewoman POLICE 142
OFFICER as established by the civil service commission having 144
jurisdiction over the appointment. The appointing authority 145
shall, prior to making any such appointment, file with the OHIO 146
police and firemen's disability and FIRE pension fund a copy of 148
the report or findings of the licensed physician. The
professional fee for such physical examination shall be paid by 149
the civil service commission. Except as otherwise provided in 150
this section, no person is eligible to receive an original 151
appointment when he THE PERSON is thirty-five years of age or 152
older, and no person can be declared disqualified as over age 154
prior to that time. The maximum age limitation established by 155
this section does not apply to a city in which an ordinance 156
establishes a different maximum age limitation for an original 157
appointment to the police department or to a civil service 158
township in which a resolution adopted by the board of trustees 159
5
of the township establishes a different maximum age limitation 160
for an original appointment to the police department. 161
Nothing in this section shall prevent a municipal 163
corporation or a civil service township from establishing a 164
police cadet program and employing persons as police cadets at 165
age eighteen for the purposes of training persons to become 166
policemen and policewomen POLICE OFFICERS. The board of trustees 168
of a civil service township may establish by resolution such a 169
cadet program. A person participating in a municipal or township 170
police cadet program shall not be permitted to carry or use any 171
firearm in the performance of his THE PERSON'S duties, except 172
that he THE PERSON may be taught the proper use of firearms as 173
part of his THE PERSON'S training. 174
Sec. 124.42. No person shall be eligible to receive an 183
original appointment as fireman A FIREFIGHTER in a fire 184
department, subject to the civil service laws of this state, 186
unless he THE PERSON has reached the age of eighteen and has, not 188
more than one hundred twenty days prior to receiving such 189
appointment, passed a physical examination, given by a licensed 190
physician, certifying that the applicant is free of 191
cardiovascular and pulmonary diseases, and showing that he THE 192
PERSON meets the physical requirements necessary to perform the 194
duties of a fireman FIREFIGHTER as established by the civil 195
service commission having jurisdiction over the appointment. The 196
appointing authority shall, prior to making any such appointment, 197
file with the OHIO police and firemen's disability and FIRE 199
pension fund a copy of the report or findings of said licensed 200
physician. The professional fee for such physical examination 201
shall be paid by the civil service commission. No person shall 202
be eligible to receive an original appointment on and after his 203
THE PERSON'S thirty-first birthday. 204
Notwithstanding this section, a municipal council may enact 206
an ordinance providing that a person between the age of eighteen 207
and thirty-six may receive an original appointment to the fire 208
6
department, or the board of trustees of a civil service township 209
may do so by resolution. Nothing in this section shall prevent a 210
municipal corporation or civil service township from establishing 211
a fire cadet program and employing persons as fire cadets at age 212
eighteen for the purpose of training persons to become fire 213
fighters FIREFIGHTERS. The board of trustees of a civil service 214
township may establish by resolution such a cadet program. A 216
person participating in a municipal or township fire cadet 217
program shall not be permitted to carry or use any firearm in the 218
performance of his THE PERSON'S duties. 219
Sec. 133.03. (A) Chapter 133. securities are: 228
(1) Lawful investments for banks, savings and loan 230
associations, credit union share guaranty corporations, trust 231
companies, trustees, fiduciaries, insurance companies, including 232
domestic for life and domestic not for life, trustees or other 233
officers having charge of sinking and bond retirement or other 234
funds of the state, subdivisions, and taxing districts, the 235
commissioners of the sinking fund of the state, the administrator 236
of workers' compensation, the state teachers, public employees, 237
and school employees retirement systems, and the OHIO police and 238
firemen's disability and FIRE pension fund, notwithstanding any 240
other provisions of the Revised Code or rules adopted pursuant to 242
those provisions by any agency of the state with respect to 243
investments by them;
(2) Eligible as security for the repayment of the deposit 245
of public moneys. 246
(B) Section 9.96 of the Revised Code applies to Chapter 248
133. securities notwithstanding any other provision in this 249
chapter. 250
(C) A subdivision may enter into an agreement with an 252
agency, including a commission, officer, board, authority, or 253
other instrumentality, of the state or of the federal government 254
for the issuance and sale of Chapter 133. securities to that 255
agency for purposes for which the subdivision is otherwise 256
7
authorized to issue those securities, and may issue and sell 257
those securities under procedures and having terms, other than 258
those provided in other sections of this chapter, that comply 259
with that agreement and the rules of that agency. 260
(D) A subdivision may not issue securities for the purpose 262
of paying current expenses except for securities authorized to be 263
issued for that purpose by this chapter or other laws. 264
(E) The purpose of Chapter 133. securities may be stated 266
in general terms, such as "street improvements," or "park 267
improvements," or "extension and improvement of the waterworks 268
system," or "school improvements." Any legislation submitting 269
to the electors the question of issuing securities and the 270
published notice of that election, and the legislation 271
specifically authorizing securities, shall generally identify the 272
permanent improvements included in the purpose. 273
(F) Securities issued pursuant to section 133.13 of the 275
Revised Code may include amounts to pay financing costs relating 276
to those securities. 277
(G) As used in this chapter, with respect to public 279
obligations: 280
(1) "Principal amount" means the aggregate of the amount 282
as stated or provided for in the legislation authorizing the 283
public obligations as the amount on which interest or interest 284
equivalent is initially calculated. 285
(2) "Principal payments" means the payments of or on 287
account of the principal amount as defined in division (G)(1) of 288
this section. 289
(H) Interest or interest equivalent on public obligations 291
may be paid or compounded at such time as shall be provided in 292
the legislation authorizing the public obligations. 293
Sec. 133.05. (A) A municipal corporation shall not incur 302
net indebtedness that exceeds an amount equal to ten and one-half 303
per cent of its tax valuation, or incur without a vote of the 304
electors net indebtedness that exceeds an amount equal to five 305
8
and one-half per cent of that tax valuation. 306
(B) In calculating the net indebtedness of a municipal 308
corporation, none of the following securities shall be 309
considered: 310
(1) Self-supporting securities issued for any purposes 312
including, without limitation, any of the following general 313
purposes: 314
(a) Water systems or facilities; 316
(b) Sanitary sewerage systems or facilities, or surface 318
and storm water drainage and sewerage systems or facilities, or a 319
combination of those systems or facilities; 320
(c) Electric plants and facilities and steam or 322
cogeneration facilities that generate or supply electricity, or 323
steam and electrical or steam distribution systems and lines; 324
(d) Airports or landing fields or facilities; 326
(e) Railroads, rapid transit, and other mass transit 328
systems; 329
(f) Off-street parking lots, facilities, or buildings, or 331
on-street parking facilities, or any combination of off-street 332
and on-street parking facilities; 333
(g) Facilities for the care or treatment of the sick or 335
infirm, and for housing the persons providing such care or 336
treatment and their families; 337
(h) Solid waste or hazardous waste collection or disposal 339
facilities, or resource recovery and solid or hazardous waste 340
recycling facilities, or any combination of those facilities; 341
(i) Urban redevelopment projects; 343
(j) Recreational, sports, convention, auditorium, museum, 345
trade show, and other public attraction facilities; 346
(k) Facilities for natural resources exploration, 348
development, recovery, use, and sale; 349
(l) Correctional and detention facilities, including 351
multicounty-municipal jails, and related rehabilitation 352
facilities. 353
9
(2) Securities issued for the purpose of purchasing, 355
constructing, improving, or extending water or sanitary or 356
surface and storm water sewerage systems or facilities, or a 357
combination of those systems or facilities, to the extent that an 358
agreement entered into with another subdivision requires the 359
other subdivision to pay to the municipal corporation amounts 360
equivalent to debt charges on the securities; 361
(3) Securities issued under order of the director of 363
health or director of environmental protection under section 364
6109.18 of the Revised Code; 365
(4) Securities issued under Section 3, 10, or 12 of 367
Article XVIII, Ohio Constitution; 368
(5) Securities that are not general obligations of the 370
municipal corporation; 371
(6) Voted securities issued for the purposes of urban 373
redevelopment to the extent that their principal amount does not 374
exceed an amount equal to two per cent of the tax valuation of 375
the municipal corporation; 376
(7) Unvoted general obligation securities to the extent 378
that the legislation authorizing them includes covenants to 379
appropriate annually from lawfully available municipal income 380
taxes or other municipal excises or taxes, including taxes 381
referred to in section 701.06 of the Revised Code but not 382
including ad valorem property taxes, and to continue to levy and 384
collect those municipal income taxes or other applicable excises 385
or taxes in, amounts necessary to meet the debt charges on those 386
securities, which covenants are hereby authorized; 387
(8) Self-supporting securities issued prior to July 1, 389
1977, under this chapter for the purpose of municipal university 390
residence halls to the extent that revenues of the successor 391
state university allocated to debt charges on those securities, 392
from sources other than municipal excises and taxes, are 393
sufficient to pay those debt charges; 394
(9) Securities issued for the purpose of acquiring or 396
10
constructing roads, highways, bridges, or viaducts, for the 397
purpose of acquiring or making other highway permanent 398
improvements, or for the purpose of procuring and maintaining 399
computer systems for the office of the clerk of the municipal 400
court to the extent that the legislation authorizing the issuance 401
of the securities includes a covenant to appropriate from money 402
distributed to the municipal corporation pursuant to Chapter 403
4501., 4503., 4504., or 5735. of the Revised Code a sufficient 404
amount to cover debt charges on and financing costs relating to 405
the securities as they become due; 406
(10) Securities issued for the purpose of providing some 408
or all of the funds required to satisfy the municipal 409
corporation's obligation under an agreement with the board of 410
trustees of the OHIO police and firemen's disability and FIRE 412
pension fund under section 742.30 of the Revised Code.; 413
(11) Securities issued for the acquisition, construction, 415
equipping, and improving of a municipal educational and cultural 416
facility under division (B)(2) of section 307.672 of the Revised 417
Code; 418
(12) Securities issued for energy conservation measures 420
under section 717.02 of the Revised Code.; 421
(13) Securities that are obligations issued to pay costs 423
of a sports facility under section 307.673 of the Revised Code. 424
(C) In calculating the net indebtedness of a municipal 426
corporation, no obligation incurred under division (C) of section 427
749.08 of the Revised Code shall be considered. 428
Sec. 145.01. As used in this chapter: 437
(A) "Public employee" means: 439
(1) Any person holding an office, not elective, under the 441
state or any county, township, municipal corporation, park 442
district, conservancy district, sanitary district, health 443
district, metropolitan housing authority, state retirement board, 444
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 445
11
university, or board, bureau, commission, council, committee, 446
authority, or administrative body as the same are, or have been, 447
created by action of the general assembly or by the legislative 448
authority of any of the units of local government named in 449
division (A)(1) of this section, or employed and paid in whole or 450
in part by the state or any of the authorities named in division 451
(A)(1) of this section in any capacity not covered by section 453
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees 455
retirement system and who continues to perform the same or 457
similar duties under the direction of a contractor who has 458
contracted to take over what before the date of the contract was 459
a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the 460
purposes of administering this chapter. 461
(3) Any person who is an employee of a public employer, 463
notwithstanding that the person's compensation for that 464
employment is derived from funds of a person or entity other than 465
the employer. Credit for such service shall be included as total 466
service credit, provided that the employee makes the payments 467
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 468
In all cases of doubt, the public employees retirement 470
board shall determine whether any person is a public employee, 471
and its decision is final.
(B) "Member" means any public employee, other than a 473
public employee excluded or exempted from membership in the 474
retirement system by section 145.03, 145.031, 145.032, 145.033, 475
145.034, 145.035, or 145.38 of the Revised Code. "Member" 476
includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also 477
includes a disability benefit recipient. 478
(C) "Head of the department" means the elective or 480
appointive head of the several executive, judicial, and 481
12
administrative departments, institutions, boards, and commissions 482
of the state and local government as the same are created and 483
defined by the laws of this state or, in case of a charter
government, by that charter. 484
(D) "Employer" or "public employer" means the state or any 486
county, township, municipal corporation, park district, 487
conservancy district, sanitary district, health district, 488
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 489
cemetery, joint hospital, institutional commissary, state medical 490
college, state university, or board, bureau, commission, council, 491
committee, authority, or administrative body as the same are, or 492
have been, created by action of the general assembly or by the 493
legislative authority of any of the units of local government
named in this division not covered by section 3307.01 or 3309.01 494
of the Revised Code. In addition, "employer" means the employer 495
of any public employee.
(E) "Prior service" means all service as a public employee 497
rendered before January 1, 1935, and all service as an employee 498
of any employer who comes within the state teachers retirement 499
system or of the school employees retirement system or of any 500
other retirement system established under the laws of this state 501
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 502
other system after that other system was established, credit for 503
the service may be allowed by the public employees retirement 504
system only when the employee has made payment, to be computed on 505
the salary earned from the date of appointment to the date 506
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 507
employer has made payment of the corresponding full liability as 508
provided by section 145.44 of the Revised Code. "Prior service" 509
also means all service credited for active duty with the armed 510
forces of the United States as provided in section 145.30 of the 511
13
Revised Code.
If an employee who has been granted prior service credit by 513
the public employees retirement system for service rendered prior 514
to January 1, 1935, as an employee of a board of education 515
establishes, before retirement, one year or more of contributing 516
service in the state teachers retirement system or school 517
employees retirement system, then the prior service ceases to be
the liability of this system. 518
If the board determines that a position of any member in 520
any calendar year prior to January 1, 1935, was a part-time 521
position, the board shall determine what fractional part of a 522
year's credit shall be allowed by the following formula: 523
(1) When the member has been either elected or appointed 525
to an office the term of which was two or more years and for 526
which an annual salary is established, the fractional part of the 527
year's credit shall be computed as follows: 528
First, when the member's annual salary is one thousand 530
dollars or less, the service credit for each such calendar year 531
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 533
above one thousand dollars, the member's service credit for each 534
such calendar year shall be increased by two and one-half per 535
cent.
(2) When the member is paid on a per diem basis, the 537
service credit for any single year of the service shall be 538
determined by using the number of days of service for which the 539
compensation was received in any such year as a numerator and 540
using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the 542
service credit for any single year of the service shall be 543
determined by using the number of hours of service for which the 544
compensation was received in any such year as a numerator and 545
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 547
14
the employees' savings fund created by section 145.23 of the 548
Revised Code.
(G) "Beneficiary" or "beneficiaries" means the estate or a 550
person or persons who, as the result of the death of a member, 551
contributor, or retirant, qualify for or are receiving some right 552
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 554
section 145.37 of the Revised Code, means all service credited to 555
a member of the retirement system since last becoming a member, 556
including restored service credit as provided by section 145.31 557
of the Revised Code; credit purchased under sections 145.293 and 558
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 559
provided in this chapter; all service credit established pursuant 560
to section 145.297 of the Revised Code; and any other service 561
credited under this chapter. In addition, "total service credit" 562
includes any period, not in excess of three years, during which a 563
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 564
of satisfying the service credit requirement and of determining 565
eligibility for benefits under sections 145.32, 145.33, 145.331, 566
145.35, 145.36, and 145.361 of the Revised Code, "five or more 567
years of total service credit" means sixty or more calendar 568
months of contributing service in this system.
(2) "One and one-half years of contributing service 570
credit," as used in division (B) of section 145.45 of the Revised 571
Code, also means eighteen or more calendar months of employment 572
by a municipal corporation that formerly operated its own 573
retirement plan for its employees or a part of its employees, 574
provided that all employees of that municipal retirement plan who 575
have eighteen or more months of such employment, upon 576
establishing membership in the public employees retirement 577
system, shall make a payment of the contributions they would have 578
paid had they been members of this system for the eighteen months 579
15
of employment preceding the date membership was established. 580
When that payment has been made by all such employee members, a 582
corresponding payment shall be paid into the employers' 583
accumulation fund by that municipal corporation as the employer 584
of the employees. 585
(3) Where a member also is a member of the state teachers 587
retirement system or the school employees retirement system, or 588
both, except in cases of retirement on a combined basis pursuant 589
to section 145.37 of the Revised Code, service credit for any 590
period shall be credited on the basis of the ratio that
contributions to the public employees retirement system bear to 592
total contributions in all state retirement systems. 593
(4) Not more than one year of credit may be given for any 595
period of twelve months. 596
(5) "Ohio service credit" means credit for service that 598
was rendered to the state or any of its political subdivisions or 599
any employer.
(I) "Regular or current interest" means interest at any 601
rates for the respective funds and accounts as the public 602
employees retirement board may determine from time to time, 603
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 605
shall discontinue the annual crediting of current interest to the 606
individual accounts of contributors. The noncrediting of current 607
interest shall not affect the rate of interest at retirement 608
guaranteed under division (I) of this section. 609
(2) The rate of interest credited on a contributor's 611
contributions at retirement shall be four per cent per annum, 612
compounded annually, to and including December 31, 1955; three 613
per cent per annum, compounded annually, from January 1, 1956, to 614
and including December 31, 1963; three and one-quarter per cent 615
per annum, compounded annually, from January 1, 1964, to and 616
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 617
16
In determining the reserve value for the purpose of 619
computing the amount of the contributor's annuity, the rate of 620
interest used in the annuity values shall be four per cent per 621
annum, compounded annually, for contributors retiring before 622
October 1, 1956, and after December 31, 1969; three per cent per 623
annum, compounded annually, for contributors retiring between 625
October 1, 1956, and December 31, 1963; and three and one-quarter 626
per cent per annum, compounded annually, for contributors 627
retiring from January 1, 1964, to December 31, 1969. Interest on 628
contributions from contributors within any one calendar year 629
shall begin on the first day of the calendar year next following 630
and shall be computed at the end of each calendar year, except in 631
the case of a contributor who retires before the end of the year. 632
(J) "Accumulated contributions" means the sum of all 634
amounts credited to a contributor's individual account in the 635
employees' savings fund together with any current interest 636
thereon, but does not include the interest adjustment at 637
retirement. 638
(K)(1) "Final average salary" means the quotient obtained 640
by dividing by three the sum of the three full calendar years of 641
contributing service in which the member's earnable salary was 642
highest, except that if the member has a partial year of 643
contributing service in the year the member's employment 644
terminates and the member's earnable salary for the partial year 645
is higher than for any comparable period in the three years, the 646
member's earnable salary for the partial year shall be 647
substituted for the member's earnable salary for the comparable 648
period during the three years in which the member's earnable 649
salary was lowest.
(2) If a member has less than three years of contributing 651
service, the member's final average salary shall be the member's 652
total earnable salary divided by the total number of years, 653
including any fraction of a year, of the member's contributing 654
service.
17
(3) For the purpose of calculating benefits payable to a 656
member qualifying for service credit under division (Z) of this 657
section, "final average salary" means the total earnable salary 658
on which contributions were made divided by the total number of 659
years during which contributions were made, including any 660
fraction of a year. If contributions were made for less than 661
twelve months, "final average salary" means the member's total 662
earnable salary. 663
(L) "Annuity" means payments for life derived from 665
contributions made by a contributor and paid from the annuity and 666
pension reserve fund as provided in this chapter. All annuities 667
shall be paid in twelve equal monthly installments. 668
(M) "Annuity reserve" means the present value, computed 670
upon the basis of the mortality and other tables adopted by the 671
board, of all payments to be made on account of any annuity, or 672
benefit in lieu of any annuity, granted to a retirant as provided 673
in this chapter.
(N)(1) "Disability retirement" means retirement as 675
provided in section 145.36 of the Revised Code. 676
(2) "Disability allowance" means an allowance paid on 678
account of disability under section 145.361 of the Revised Code. 679
(3) "Disability benefit" means a benefit paid as 681
disability retirement under section 145.36 of the Revised Code, 682
as a disability allowance under section 145.361 of the Revised 683
Code, or as a disability benefit under section 145.37 of the 684
Revised Code.
(4) "Disability benefit recipient" means a member who is 686
receiving a disability benefit. 687
(O) "Age and service retirement" means retirement as 689
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 690
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 692
contributions made by the employer that at the time of retirement 693
are credited into the annuity and pension reserve fund from the 694
18
employers' accumulation fund and paid from the annuity and 695
pension reserve fund as provided in this chapter. All pensions 696
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 698
portion of the benefit derived from contributions made by the 699
member.
(R)(1) Except as otherwise provided in division (R) of 702
this section, "earnable salary" means all salary, wages, and 703
other earnings paid to a contributor by reason of employment in a 704
position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of 705
the amount required to be contributed to the employees' savings 706
fund under section 145.47 of the Revised Code and without regard 707
to whether any of the salary, wages, or other earnings are 708
treated as deferred income for federal income tax purposes. 709
"Earnable salary" includes the following:
(a) Payments made by the employer in lieu of salary, 711
wages, or other earnings for sick leave, personal leave, or 712
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 714
sick leave, personal leave, and vacation leave accrued, but not 715
used if the payment is made during the year in which the leave is 717
accrued, except that payments made pursuant to section 124.383 or 718
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 720
consisting of housing, laundry, and meals, as certified to the 721
retirement board by the employer or the head of the department 722
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the 724
Revised Code;
(e) Payments that are made under a disability leave 726
program sponsored by the employer and for which the employer is 727
required by section 145.296 of the Revised Code to make periodic 728
employer and employee contributions;
19
(f) Amounts included pursuant to divisions (K)(3) and (Y) 730
of this section.
(2) "Earnable salary" does not include any of the 732
following:
(a) Fees and commissions, other than those paid under 734
section 507.09 of the Revised Code, paid as sole compensation for 735
personal services and fees and commissions for special services 736
over and above services for which the contributor receives a 737
salary;
(b) Amounts paid by the employer to provide life 739
insurance, sickness, accident, endowment, health, medical, 740
hospital, dental, or surgical coverage, or other insurance for 741
the contributor or the contributor's family, or amounts paid by 742
the employer to the contributor in lieu of providing the
insurance;
(c) Incidental benefits, including lodging, food, laundry, 744
parking, or services furnished by the employer, or use of the 745
employer's property or equipment, or amounts paid by the employer 746
to the contributor in lieu of providing the incidental benefits; 747
(d) Reimbursement for job-related expenses authorized by 749
the employer, including moving and travel expenses and expenses 750
related to professional development; 751
(e) Payments for accrued, but unused sick leave, personal 753
leave, or vacation that are made at any time other than in the 755
year in which the sick leave, personal leave, or vacation was 756
accrued;
(f) Payments made to or on behalf of a contributor that 758
are in excess of the annual compensation that may be taken into 759
account by the retirement system under division (a)(17) of 760
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 761
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 763
5923.05 of the Revised Code or Section 4 of Substitute Senate 764
Bill No. 3 of the 119th general assembly; 765
20
(h) Anything of value received by the contributor that is 767
based on or attributable to retirement or an agreement to retire, 768
except that payments made on or before January 1, 1989, that are 769
based on or attributable to an agreement to retire shall be 770
included in earnable salary if both of the following apply: 771
(i) The payments are made in accordance with contract 773
provisions that were in effect prior to January 1, 1986; 774
(ii) The employer pays the retirement system an amount 776
specified by the retirement board equal to the additional 777
liability resulting from the payments. 778
(3) The retirement board shall determine by rule whether 780
any compensation not enumerated in division (R) of this section 781
is earnable salary, and its decision shall be final. 783
(S) "Pension reserve" means the present value, computed 785
upon the basis of the mortality and other tables adopted by the 786
board, of all payments to be made on account of any retirement 787
allowance or benefit in lieu of any retirement allowance, granted 788
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 790
to a member of the system since January 1, 1935, for which 791
contributions are made as required by sections 145.47, 145.48, 792
and 145.483 of the Revised Code. In any year subsequent to 1934, 793
credit for any service shall be allowed by the following formula: 794
(a) For each month for which the member's earnable salary 796
is two hundred fifty dollars or more, allow one month's credit. 797
(b) For each month for which the member's earnable salary 799
is less than two hundred fifty dollars, allow a fraction of a 800
month's credit. The numerator of this fraction shall be the 801
earnable salary during the month, and the denominator shall be 802
two hundred fifty dollars, except that if the member's annual 803
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 804
calendar year of employment during which the member worked each 805
month. Division (T)(1)(b) of this section shall not reduce any 807
21
credit earned before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an 809
elected official who prior to January 1, 1980, was granted a full 810
year of credit for each year of service as an elected official 811
shall be considered to have earned a full year of credit for each 812
year of service regardless of whether the service was full-time 813
or part-time. The public employees retirement board has no
authority to reduce the credit. 814
(U) "State retirement board" means the public employees 816
retirement board, the school employees retirement board, or the 817
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 819
receiving a monthly allowance as provided in sections 145.32, 820
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 821
(W) "Employer contribution" means the amount paid by an 823
employer as determined by the employer rate including the normal 824
and deficiency contribution rates. 825
(X) "Public service terminates" means the last day for 827
which a public employee is compensated for services performed for 828
an employer or the date of the employee's death, whichever occurs 829
first.
(Y) When a member has been elected or appointed to an 831
office, the term of which is two or more years, for which an 832
annual salary is established, and in the event that the salary of 833
the office is increased and the member is denied the additional 834
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 835
to have the amount of the member's contributions calculated upon 836
the basis of the increased salary for the office. At the 837
member's request, the board shall compute the total additional 838
amount the member would have contributed, or the amount by which 839
each of the member's contributions would have increased, had the 840
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 841
22
member's contribution would have increased withheld from the 842
member's salary, the member shall notify the employer, and the 843
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 844
amount withheld may elect at any time to make a payment to the 845
retirement system equal to the additional amount the member's 846
contribution would have increased, plus interest on that 847
contribution, compounded annually at a rate established by the 848
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 849
payment. A member may make a payment for part of the period for 850
which the increased contribution was not withheld, in which case 851
the interest shall be computed from the date the last 852
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 853
contributions as provided in this division, the increased annual 854
salary as provided by law for the office for the period for which 855
the member paid increased contributions thereon shall be used in 856
determining the member's earnable salary for the purpose of 857
computing the member's final average salary.
(Z) "Five years of service credit," for the exclusive 859
purpose of satisfying the service credit requirements and of 860
determining eligibility for benefits under section 145.33 of the 861
Revised Code, means employment covered under this chapter or 862
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter or under a 863
combination of the coverage. 865
(AA) "Deputy sheriff" means any person who is commissioned 867
and employed as a full-time peace officer by the sheriff of any 868
county, and has been so employed since on or before December 31, 869
1965, and whose primary duties are to preserve the peace, to 870
protect life and property, and to enforce the laws of this state; 871
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 872
23
and who has received a certificate attesting to the person's 873
satisfactory completion of the peace officer training school as 874
required by section 109.77 of the Revised Code and whose primary 875
duties are to preserve the peace, protect life and property, and 876
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 877
the Revised Code as a criminal bailiff or court constable who has 878
received a certificate attesting to the person's satisfactory 879
completion of the peace officer training school as required by 880
section 109.77 of the Revised Code and whose primary duties are 881
to preserve the peace, protect life and property, and enforce the 882
laws of this state.
(BB) "Township constable or police officer in a township 884
police department or district" means any person who is 885
commissioned and employed as a full-time peace officer pursuant 886
to Chapter 505. or 509. of the Revised Code, who has received a 887
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 888
of the Revised Code, and whose primary duties are to preserve the 889
peace, protect life and property, and enforce the laws of this 890
state.
(CC) "Drug agent" means any person who is either of the 892
following:
(1) Employed full-time as a narcotics agent by a county 894
narcotics agency created pursuant to section 307.15 of the 895
Revised Code and has received a certificate attesting to the 896
satisfactory completion of the peace officer training school as 897
required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as 899
defined in section 109.79 of the Revised Code and is in 900
compliance with section 109.77 of the Revised Code. 901
(DD) "Department of public safety enforcement agent" means 903
a full-time employee of the department of public safety who is 905
designated under section 5502.14 of the Revised Code as an 907
24
enforcement agent and who is in compliance with section 109.77 of 909
the Revised Code.
(EE) "Natural resources law enforcement staff officer" 911
means a full-time employee of the department of natural resources 912
who is designated a natural resources law enforcement staff 913
officer under section 1501.013 of the Revised Code and is in 916
compliance with section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the 918
department of natural resources who is designated a park officer 920
under section 1541.10 of the Revised Code and is in compliance 921
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the 923
department of natural resources who is designated a forest 925
officer under section 1503.29 of the Revised Code and is in 926
compliance with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time employee of the 929
department of natural resources who is designated a preserve 930
officer under section 1517.10 of the Revised Code and is in 932
compliance with section 109.77 of the Revised Code. 934
(II) "Wildlife officer" means a full-time employee of the 936
department of natural resources who is designated a wildlife 938
officer under section 1531.13 of the Revised Code and is in 939
compliance with section 109.77 of the Revised Code. 940
(JJ) "State watercraft officer" means a full-time employee 943
of the department of natural resources who is designated a state 944
watercraft officer under section 1547.521 of the Revised Code and 945
is in compliance with section 109.77 of the Revised Code. 946
(KK) "Park district police officer" means a full-time 948
employee of a park district who is designated pursuant to section 950
511.232 or 1545.13 of the Revised Code and is in compliance with 951
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time 953
employee of a conservancy district who is designated pursuant to 955
section 6101.75 of the Revised Code and is in compliance with 956
25
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the 958
organized police department of a municipal corporation who is 960
employed full-time, is in compliance with section 109.77 of the 961
Revised Code, and is not a member of the OHIO police and 962
firemen's disability and FIRE pension fund. 963
(NN) "Ohio veterans' home police officer" means any person 966
who is employed at the Ohio veterans' home as a police officer 967
pursuant to section 5907.02 of the Revised Code and is in 968
compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health 970
institution" means any person who is designated as such pursuant 972
to section 5119.14 of the Revised Code and is in compliance with 973
section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the 975
mentally retarded and developmentally disabled" means any person 977
who is designated as such pursuant to section 5123.13 of the 978
Revised Code and is in compliance with section 109.77 of the 979
Revised Code.
(QQ) "State university law enforcement officer" means any 981
person who is employed full-time as a state university law 983
enforcement officer pursuant to section 3345.04 of the Revised 984
Code and who is in compliance with section 109.77 of the Revised 985
Code.
(RR) "Hamilton county municipal court bailiff" means a 987
person appointed by the clerk of courts of the Hamilton county 989
municipal court under division (A)(3) of section 1901.32 of the 990
Revised Code who is employed full-time as a bailiff or deputy 991
bailiff, who has received a certificate attesting to the person's 992
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 993
and whose primary duties are to preserve the peace, to protect 994
life and property, and to enforce the laws of this state. 995
(SS) Notwithstanding section 2901.01 of the Revised Code, 997
26
"law enforcement officer" means a sheriff, deputy sheriff, 999
township constable or police officer in a township police 1,000
department or district, drug agent, department of public safety 1,001
enforcement agent, natural resources law enforcement staff
officer, park officer, forest officer, preserve officer, wildlife 1,003
officer, state watercraft officer, park district police officer, 1,004
conservancy district officer, Ohio veterans' home police officer, 1,005
special police officer for a mental health institution, special 1,006
police officer for an institution for the mentally retarded and 1,007
developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal 1,008
police officer.
(TT) "Fiduciary" means a person who does any of the 1,010
following: 1,011
(1) Exercises any discretionary authority or control with 1,013
respect to the management of the system or with respect to the 1,014
management or disposition of its assets; 1,015
(2) Renders investment advice for a fee, direct or 1,017
indirect, with respect to money or property of the system; 1,018
(3) Has any discretionary authority or responsibility in 1,020
the administration of the system. 1,021
(UU) "Actuary" means an individual who satisfies all of 1,023
the following requirements: 1,025
(1) Is a member of the American academy of actuaries; 1,027
(2) Is an associate or fellow of the society of actuaries; 1,029
(3) Has a minimum of five years' experience in providing 1,031
actuarial services to public retirement plans. 1,032
Sec. 145.012. (A) "Public employee," as defined in 1,041
division (A) of section 145.01 of the Revised Code, does not 1,042
include any person: 1,043
(1) Who is employed by a private, temporary-help service 1,045
and performs services under the direction of a public employer or 1,046
is employed on a contractual basis as an independent contractor 1,047
under a personal service contract with a public employer; 1,048
27
(2) Who is an emergency employee serving on a temporary 1,050
basis in case of fire, snow, earthquake, flood, or other similar 1,051
emergency; 1,052
(3) Who is employed in a program established pursuant to 1,054
the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 1,055
U.S.C.A. 1501; 1,056
(4) Who is an appointed member of either the motor vehicle 1,058
salvage dealers board or the motor vehicle dealer's board whose 1,059
rate and method of payment are determined pursuant to division 1,060
(J) of section 124.15 of the Revised Code; 1,061
(5) Who is employed as an election worker and paid less 1,063
than five hundred dollars per calendar year for that service; 1,065
(6) Who is employed as a firefighter in a position 1,067
requiring satisfactory completion of a firefighter training 1,069
course approved under former section 3303.07 or section 4765.55 1,072
of the Revised Code or conducted under section 3737.33 of the 1,073
Revised Code except for the following: 1,074
(a) Any firefighter who has elected under section 145.013 1,077
of the Revised Code to remain a contributing member of the public 1,078
employees retirement system; 1,079
(b) Any firefighter who was eligible to transfer from the 1,082
public employees retirement system to the OHIO police and
firemen's disability and FIRE pension fund under section 742.51 1,084
or 742.515 of the Revised Code and did not elect to transfer; 1,085
(c) Any firefighter who has elected under section 742.516 1,088
of the Revised Code to transfer from the OHIO police and 1,089
firemen's disability and FIRE pension fund to the public 1,091
employees retirement system.
(7) Who is a member of the board of health of a city or 1,093
general health district, which pursuant to sections 3709.051 and 1,094
3709.07 of the Revised Code includes a combined health district, 1,095
and whose compensation for attendance at meetings of the board is 1,096
set forth in division (B) of section 3709.02 or division (B) of 1,097
section 3709.05 of the Revised Code, as appropriate;
28
(8) Who participates in an alternative retirement plan 1,099
established under Chapter 3305. of the Revised Code; 1,100
(9) Who is a member of the board of directors of a 1,102
sanitary district established under Chapter 6115. of the Revised 1,103
Code.
(B) No inmate of a correctional institution operated by 1,106
the department of rehabilitation and correction, no patient in a 1,107
hospital for the mentally ill or criminally insane operated by 1,108
the department of mental health, no resident in an institution 1,109
for the mentally retarded operated by the department of mental 1,110
retardation and developmental disabilities, no resident admitted 1,111
as a patient of the Ohio veterans' home at Sandusky, and no 1,112
resident of a county home shall be considered as a public
employee for the purpose of establishing membership or 1,113
calculating service credit or benefits under this chapter. 1,114
Nothing in this division shall be construed to affect any service 1,116
credit attained by any person who was a public employee before 1,117
becoming an inmate, patient, or resident at any institution 1,118
listed in this division, or the payment of any benefit for which 1,120
such a person or such a person's beneficiaries otherwise would be 1,122
eligible.
Sec. 145.02. (A) A public employee who, prior to August 1,131
20, 1976, was excluded from membership in the public employees 1,132
retirement system because he THE EMPLOYEE was receiving benefits 1,133
from a municipal retirement system established prior to June 30, 1,135
1938, may acquire credit for service rendered by paying into the 1,136
employees' savings fund an amount determined by applying the 1,137
member contribution rate in effect at the time of payment to the 1,138
earnable salary of the member during such period, plus interest 1,139
on such amount, compounded annually at a rate to be determined by 1,140
the board, and by paying an equal amount into the employers' 1,141
accumulation fund. The member may choose to purchase only part 1,142
of such credit in any one payment, subject to board rule. A 1,143
public employee who acquires service credit in the manner 1,144
29
prescribed in this division shall receive benefits retroactive to 1,145
the earliest date of his THE EMPLOYEE'S eligibility for 1,146
retirement or disability retirement benefits under section 1,148
145.33, 145.34, 145.36, or 145.46 of the Revised Code in a single 1,149
payment.
(B) A public employee who, prior to November 21, 1969, was 1,151
excluded from membership in the public employees retirement 1,152
system because he THE EMPLOYEE was receiving benefits from a 1,153
police relief and pension fund, a firemen's relief and pension 1,156
fund, the OHIO police and firemen's disability and FIRE pension 1,157
fund, or the state highway patrol pension fund may acquire 1,159
service credit for service rendered during such period by paying 1,160
into the employees' savings fund an amount equal to the amount he 1,161
THE EMPLOYEE would have paid into such fund during such period of 1,163
service if deductions had been taken on his THE EMPLOYEE'S 1,164
earnable salary at the member contribution rate in effect during 1,166
such period, plus interest compounded annually on such amount at 1,167
a rate determined by the board and by paying an equal amount into 1,168
the employers' accumulation fund. The member EMPLOYEE may choose 1,170
to purchase only part of such credit in any one payment, subject 1,171
to board rules.
(C) In the event of death or withdrawal from service, the 1,173
payment to the employees' savings fund and the employers' 1,174
accumulation fund for service credit under division (A) or (B) of 1,175
this section shall be considered as accumulated contributions of 1,176
the member. 1,177
Sec. 145.293. (A) Service credit purchased under this 1,186
section shall be included in the member's total service credit. 1,187
Credit may be purchased for the following: 1,188
(1) Service rendered in another state, and service in any 1,190
entity operated by the United States government, that, if served 1,191
in a comparable position in Ohio, would be covered by the public 1,192
employees retirement system, OHIO police and firemen's disability 1,194
and FIRE pension fund, state teachers retirement system, school 1,195
30
employees retirement system, or state highway patrol retirement 1,196
system;
(2) Service for which contributions were made by the 1,198
member or on his THE MEMBER'S behalf to a municipal retirement 1,199
system in this state. 1,200
The number of years purchased under this section shall not 1,202
exceed the lesser of five years or the member's total accumulated 1,203
number of years of Ohio service. 1,204
(B) For each year of service purchased, a member shall pay 1,206
to the public employees retirement system for credit to his THE 1,207
MEMBER'S accumulated account an amount equal to his THE MEMBER'S 1,209
retirement contribution for full-time employment for the first 1,210
year of Ohio service following termination of the service to be 1,211
purchased. To this amount shall be added an amount equal to 1,212
compound interest at a rate established by the public employees 1,213
retirement board from the date of membership in the public 1,214
employees retirement system to date of payment. The member may 1,215
choose to purchase only part of such credit in any one payment, 1,216
subject to board rules. 1,217
(C) A member is ineligible to purchase under this section 1,219
service for which he THE MEMBER has obtained credit under section 1,221
145.44 of the Revised Code or service that is used in the 1,222
calculation of any retirement benefit currently being paid or 1,223
payable in the future to the member under any other retirement 1,224
program except social security. At the time the credit is 1,225
purchased the member shall certify on a form furnished by the 1,226
retirement board that he THE MEMBER does and will conform to this 1,227
requirement.
(D) Credit purchased under this section may be combined 1,229
pursuant to section 145.37 with credit purchased under sections 1,230
3307.32 and 3309.31 of the Revised Code, except that not more 1,231
than an aggregate total of five years' service credit purchased 1,232
under this section and sections 3307.32 and 3309.31 shall be used 1,233
in determining retirement eligibility or calculating benefits 1,234
31
under section 145.37 of the Revised Code. 1,235
Sec. 145.295. (A) A member of the public employees 1,244
retirement system who has contributions on deposit with, but is 1,246
no longer contributing to, the OHIO police and firemen's 1,248
disability and FIRE pension fund or state highway patrol 1,250
retirement system shall, in computing years of service, be given
full credit for service credit earned under Chapter 742. or 5505. 1,252
of the Revised Code or purchased for service in the armed forces
of the United States if a transfer to the public employees 1,253
retirement system is made under this division. At the request of 1,255
the member, the OHIO police and firemen's disability and FIRE 1,257
pension fund or the state highway patrol retirement system shall 1,259
transfer to the public employees retirement system, for each year 1,260
of service, the sum of the following: 1,261
(1) An amount equal to the member's payments for service 1,265
in the armed forces of the United States and accumulated 1,266
contributions to the OHIO police and firemen's disability and 1,267
FIRE pension fund or state highway patrol retirement system; 1,270
(2) An amount equal to the lesser of the employer's 1,272
contributions to the OHIO police and firemen's disability and 1,274
FIRE pension fund or state highway patrol retirement system or 1,275
the amount that would have been contributed by the employer for 1,276
the service had the member been employed by the member's current 1,277
employer as a member of the public employees retirement system; 1,279
(3) Interest, determined as provided in division (G) of 1,282
this section, on the amounts specified in divisions (A)(1) and 1,284
(2) of this section for the period from the last day of the year 1,288
for which the service credit was earned or in which military 1,289
service credit was purchased or obtained to the date the transfer 1,290
is made. 1,291
(B) A member of the public employees retirement system who 1,294
has at least eighteen months of contributing service credit with
the public employees retirement system, who is a former member of 1,295
the OHIO police and firemen's disability and FIRE pension fund or 1,298
32
state highway patrol retirement system, and who has received a 1,299
refund of the member's accumulated contributions to that fund or 1,300
system shall, in computing years of service, be given full credit 1,301
for service credit earned under Chapter 742. or 5505. of the 1,302
Revised Code or purchased for service in the armed forces of the 1,303
United States if, for each year of service, the public employees 1,304
retirement system receives the sum of the following: 1,305
(1) An amount, which shall be paid by the member, equal to 1,308
the amount refunded by the OHIO police and firemen's disability 1,309
and FIRE pension fund or the state highway patrol retirement 1,310
system to the member for that year for accumulated contributions 1,312
and payments for purchase of credit for service in the armed 1,313
forces of the United States, with interest on that amount from 1,315
the date of the refund to the date of the payment; 1,317
(2) Interest, which shall be transferred by the OHIO 1,320
police and firemen's disability and FIRE pension fund or state 1,321
highway patrol retirement system, on the amount refunded to the 1,322
member that is attributable to the year of service from the last 1,324
day of the year for which the service credit was earned or in 1,325
which military service credit was purchased or obtained to the 1,326
date the refund was made; 1,327
(3) An amount, which shall be transferred by the OHIO 1,329
police and firemen's disability and FIRE pension fund or state 1,330
highway patrol retirement system, equal to the lesser of the 1,331
employer's contributions to the OHIO police and firemen's 1,332
disability and FIRE pension fund or state highway patrol 1,334
retirement system for that year or the amount that would have 1,335
been contributed by the employer for the year had the member been 1,336
employed by the member's current employer as a member of the 1,337
public employees retirement system, with interest on that amount 1,338
from the last day of the year for which the service credit was 1,339
earned or in which military service credit was purchased or 1,340
obtained to the date of the transfer. 1,341
On receipt of payment from the member, the public employees 1,344
33
retirement system shall notify the OHIO police and firemen's 1,345
disability and FIRE pension fund or the state highway patrol 1,346
retirement system, which, on receipt of the notice, shall make 1,347
the transfer required by this division. Interest shall be
determined as provided in division (G) of this section. 1,349
(C) A member of the public employees retirement system who 1,352
purchased credit under former division (A)(1) of this section, as 1,354
it existed before August 25, 1995, for service as a member of the 1,355
OHIO police and firemen's disability and FIRE pension fund or 1,356
state highway patrol retirement system may elect to have the 1,359
amount the member paid for this service credit refunded to the
member under this division if the member agrees to repurchase 1,360
this service credit pursuant to division (B) of this section. 1,361
(D) Service credit purchased or otherwise obtained under 1,363
this section shall be considered the equivalent of Ohio service 1,364
credit. 1,365
A member may choose to purchase only part of the credit the 1,368
member is eligible to purchase under division (B) of this section 1,370
in any one payment, subject to rules of the public employees 1,371
retirement board. A member is ineligible to purchase or 1,373
otherwise obtain credit under this section for service to be used 1,374
in calculation of any retirement benefit currently being paid or 1,375
payable to the member in the future. 1,376
(E) If a member of the public employees retirement system 1,378
who is not a current contributor elects to receive credit under 1,379
section 742.379 or 5505.202 of the Revised Code for service for 1,380
which the member contributed to the retirement system or 1,381
purchased credit for service in the armed forces of the United 1,383
States, the retirement system shall transfer to the OHIO police 1,386
and firemen's disability and FIRE pension fund or the state 1,388
highway patrol retirement system, as applicable, the amount 1,389
specified in division (D) of section 742.379 or division (B)(2) 1,391
of section 5505.202 of the Revised Code.
(F) A member of the public employees retirement system who 1,393
34
earned service credit in the public employees retirement system 1,394
for full-time service as a township or municipal police officer 1,395
and received service credit in the OHIO police and firemen's 1,397
disability and FIRE pension fund under section 742.511 or 742.512 1,399
of the Revised Code for such service may elect to have the credit 1,400
restored as public employees retirement system service credit by 1,401
paying the public employees retirement system an amount equal to 1,402
the accumulated contributions paid by the member to the OHIO 1,403
police and firemen's disability and FIRE pension fund under 1,406
section 742.511 or 742.512 of the Revised Code. When such an 1,407
election is made, the OHIO police and firemen's disability and 1,408
FIRE pension fund shall transfer to the public employees 1,411
retirement system the amount previously transferred under section 1,412
742.511 or 742.512 of the Revised Code from the public employees 1,413
retirement system to the OHIO police and firemen's disability and 1,414
FIRE pension fund. 1,415
(G) Interest charged under this section shall be 1,418
calculated separately for each year of service credit at the 1,419
lesser of the actuarial assumption rate for that year of the 1,420
public employees retirement system or of the fund or retirement 1,421
system in which the credit was earned. The interest shall be 1,422
compounded annually. 1,423
Sec. 145.30. (A) As used in this section and section 1,432
145.301 of the Revised Code: 1,433
(1) "Armed forces" of the United States includes the 1,435
following:
(a) Army, navy, air force, marine corps, coast guard, 1,437
auxiliary corps as established by congress, red cross nurse 1,438
serving with the army, navy, air force, or hospital service of 1,439
the United States, army nurse corps, navy nurse corps, full-time 1,440
service with the American red cross in a combat zone, and such 1,441
other service as may be designated by congress as included
therein;
(b) Personnel of the Ohio national guard and the reserve 1,443
35
components of any of the armed forces enumerated in division 1,444
(A)(1) of this section who are called to active duty pursuant to 1,445
an executive order issued by the president of the United States 1,446
or an act of congress;
(c) Persons on whom United States merchant marine veteran 1,448
status has been conferred for service aboard oceangoing merchant 1,449
ships in service to the United States during World War II. 1,450
(2) "State retirement system" means any of the following: 1,452
the OHIO police and firemen's disability and FIRE pension fund, 1,454
public employees retirement system, school employees retirement 1,456
system, state highway patrol retirement system, or the state 1,457
teachers retirement system.
(B) Upon reemployment in the public service and completion 1,459
of one year of service credit as covered by a state retirement 1,460
system or the Cincinnati retirement system, within two years 1,461
after service in the armed forces that is terminated in a manner 1,462
other than as described in section 4304 of Title 38 of the United 1,463
States Code, "Uniformed Services Employment and Reemployment 1,464
Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4304, and
presentation of documentation of the service and subject to rules 1,465
adopted by the retirement board, any member of the public 1,466
employees retirement system who was a member with not less than 1,467
one year of payroll deductions before entering active duty with 1,468
the armed forces and maintained membership in the public
employees retirement system as provided by section 145.41 of the 1,469
Revised Code, and who was or is out of active service as a public 1,470
employee by reason of having become a member of the armed forces 1,471
of the United States on active duty or service shall have such 1,472
service, not in excess of ten years, considered as the equivalent 1,474
of prior service. Service in the armed forces as established by 1,476
documentation of the service, not in excess of ten years, shall
also be considered prior service for a person who was a public 1,477
employee and who has acquired service credit for five years prior 1,478
to, and within the one year preceding, the date of entering on 1,479
36
active duty in the armed forces of the United States if such 1,480
person was reemployed in the public service within one year after 1,481
service in the armed forces that is terminated in a manner other 1,483
than as described in section 4304 of Title 38 of the United
States Code, "Uniformed Services Employment and Reemployment 1,484
Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4304, and 1,485
established total service credit as defined in section 145.01 of 1,486
the Revised Code of twenty years exclusive of credit for service 1,487
in the uniformed services, as defined in section 145.302 of the 1,489
Revised Code. This division shall not serve to cancel any 1,490
military service credit earned or granted prior to November 1, 1,491
1965.
(C) A member of the public employees retirement system is 1,493
ineligible to receive service credit under this section for any 1,494
year of military service credit used in the calculation of any 1,495
retirement benefit currently being paid to the member or payable 1,496
in the future under any other retirement program, except social 1,497
security, or used to obtain service credit pursuant to section
145.301 or 145.302 of the Revised Code. At the time such credit 1,498
is requested, the member shall certify on a form supplied by the 1,499
retirement board that the member does and will conform to this 1,500
requirement. This division does not cancel any military service 1,501
credit earned prior to March 15, 1979.
Sec. 145.31. Except as provided in this section, a member 1,510
or former member of the public employees retirement system with 1,512
at least eighteen months of contributing service credit in this 1,513
system, the state teachers retirement system, the school 1,514
employees retirement system, the OHIO police and firemen's 1,515
disability and FIRE pension fund, or the state highway patrol 1,517
retirement system, after the withdrawal of contributions and 1,518
cancellation of service credit in this system, may restore such 1,519
service credit by redepositing in the employees' savings fund the 1,520
amount withdrawn, with interest on such amount compounded 1,521
annually at a rate to be determined by the public employees 1,522
37
retirement board from the first day of the month of withdrawal to 1,523
and including the month of redeposit. The member may choose to 1,524
purchase only part of such credit in any one payment, subject to 1,525
board rules. The total payment to restore canceled service 1,526
credit, plus any interest credited thereto, shall be considered 1,527
as accumulated contributions of the member. If a former member 1,528
is eligible to buy the service credit as a member of the OHIO 1,529
police and firemen's disability and FIRE pension fund or state 1,530
highway patrol retirement system, the former member is ineligible 1,531
to restore that service credit under this section. 1,532
Any employee who has been refunded the employee's 1,534
accumulated contributions to the public employees retirement 1,535
system solely by reason of membership in a former firemen's 1,536
relief and pension fund or a former police relief and pension 1,537
fund may restore membership in the public employees retirement 1,538
system by redepositing with the system the amount refunded, with 1,539
interest on such amount compounded annually at a rate to be 1,540
determined by the board from the month of refund to and including 1,541
the month of redeposit. The member may choose to purchase only 1,542
part of such credit in any one payment, subject to board rules. 1,543
Sec. 145.38. (A) As used in this section: 1,552
(1) "PERS retirant" means a former member of the public 1,554
employees retirement system who is receiving either of the 1,555
following:
(a) Age and service retirement benefits under section 1,557
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code; 1,558
(b) Age and service retirement benefits paid by the public 1,560
employees retirement system under section 145.37 of the Revised 1,561
Code. 1,562
(2) "Other system retirant" means both of the following: 1,564
(a) A member or former member of the OHIO police and 1,566
firemen's disability and FIRE pension fund, state teachers 1,568
retirement system, school employees retirement system, state 1,569
highway patrol retirement system, or Cincinnati retirement system 1,570
38
who is receiving age and service or commuted age and service 1,571
retirement benefits or a disability benefit from a system of 1,572
which the person is a member or former member; 1,573
(b) A member or former member of the public employees 1,575
retirement system who is receiving age and service retirement 1,576
benefits or a disability benefit under section 145.37 of the 1,577
Revised Code paid by the school employees retirement system or 1,578
the state teachers retirement system. 1,579
(B)(1) Subject to this section, a PERS retirant or other 1,581
system retirant may be employed by a public employer. If so 1,582
employed, the PERS retirant or other system retirant shall 1,583
contribute to the public employees retirement system in 1,584
accordance with section 145.47 of the Revised Code, and the 1,585
employer shall make contributions in accordance with section 1,586
145.48 of the Revised Code. 1,587
(2) A public employer that employs a PERS retirant or 1,589
other system retirant, or enters into a contract for services as 1,590
an independent contractor with a PERS retirant who was employed 1,591
by the public employer at the time of the retirant's retirement 1,593
shall notify the retirement board of the employment or contract
not later than the end of the month in which the employment or 1,594
contract commences. Any overpayment of benefits to a PERS 1,595
retirant by the retirement system resulting from delay or failure 1,596
of the employer to give the notice shall be repaid to the 1,597
retirement system by the employer. 1,598
(3) On receipt of notice from a public employer that a 1,600
person who is an other system retirant has been employed, the 1,601
retirement system shall notify the retirement system of which the 1,602
other system retirant was a member of such employment. 1,603
(4)(a) A PERS retirant who has received a retirement 1,605
allowance for less than six months when employment subject to 1,606
this section commences shall forfeit the retirement allowance for 1,607
the period that begins on the date the employment commences and 1,608
ends on the date that is six months after the date on which the 1,609
39
retirement allowance commenced. Service and contributions for 1,610
that period shall not be included in calculation of any benefits 1,611
payable to the PERS retirant and those contributions shall be 1,612
refunded on the retirant's death or termination of the 1,613
employment. For purposes of this division, "employment" shall 1,614
include service for which the retirant or the retirant's 1,615
employer, or both, have waived any earnable salary for such 1,616
service.
(b) An other system retirant who has received a retirement 1,618
allowance or disability benefit for less than two months when 1,620
employment subject to this section commences shall forfeit the 1,621
retirement allowance or disability benefit for the period that 1,622
begins on the date the employment commences and ends on the date 1,623
that is two months after the date on which the retirement 1,624
allowance or disability benefit commenced. Service and 1,625
contributions for that period shall not be included in the
calculation of any benefits payable to the other system retirant 1,626
and those contributions shall be refunded on the retirant's death 1,628
or termination of the employment.
(5) On receipt of notice from the OHIO police and 1,630
firemen's disability and FIRE pension fund, school employees 1,632
retirement system, or state teachers retirement system of the 1,634
re-employment of a PERS retirant, the public employees retirement 1,635
system shall not pay, or if paid, shall recover, the amount to be 1,636
forfeited by the PERS retirant in accordance with section 742.26, 1,637
3307.381, or 3309.341 of the Revised Code. 1,638
(6) A PERS retirant who enters into a contract to provide 1,640
services as an independent contractor to the employer by which 1,641
the retirant was employed at the time of retirement or, less than 1,643
two months after the retirement allowance commences, begins
providing services as an independent contractor pursuant to a 1,644
contract with another public employer, shall forfeit the pension 1,645
portion of the retirement benefit for the period beginning the 1,646
first day of the month following the month in which the services 1,647
40
begin and ending on the first day of the month following the 1,648
month in which the services end. The annuity portion of the 1,649
retirement allowance shall be suspended on the day services under 1,650
the contract begin and shall accumulate to the credit of the 1,651
retirant to be paid in a single payment after services provided 1,652
under the contract terminate. A PERS retirant subject to 1,653
division (B)(6) of this section shall not contribute to the 1,654
retirement system and shall not become a member of the system. 1,655
(C)(1) Except as provided in division (C)(4) of this 1,657
section, a PERS retirant employed pursuant to this section shall 1,659
elect one of the following:
(a) To receive both compensation for the employment and a 1,662
retirement allowance;
(b) To receive compensation for the employment and forfeit 1,665
the pension portion of the retirement allowance.
(2) A PERS retirant who is described in division (C)(4) of 1,668
this section or elects to forfeit the pension portion of the 1,669
retirement allowance under division (C)(1)(b) of this section 1,670
shall become a new member of the public employees retirement 1,671
system with all the rights, privileges, and obligations of 1,672
membership, except that the new membership does not include 1,673
survivor benefits provided pursuant to section 145.45 of the 1,674
Revised Code. The pension portion of the PERS retirant's
retirement allowance shall cease on the first day of the first 1,675
month following commencement of the employment and shall 1,676
thereafter be forfeited until the first day of the first month 1,677
following termination of the employment. The annuity portion of 1,678
the retirement allowance shall be suspended on the first day of 1,679
the first month following commencement of the employment and 1,680
shall thereafter accumulate to the credit of the PERS retirant to 1,681
be paid in a single payment after termination of the employment. 1,682
The retirement allowance shall resume on the first day of the 1,683
first month following termination of the employment. On 1,684
termination of the employment, the PERS retirant shall elect to 1,685
41
receive either a refund of the retirant's contributions to the 1,687
retirement system during the period of employment subject to this 1,688
section or a supplemental retirement allowance based on the 1,689
retirant's contributions and service credit for that period of 1,690
employment.
(3) Except as provided in division (B)(4) of this section, 1,692
there shall be no suspension or forfeiture of any portion of the 1,693
retirement allowance payable to other system retirants or to PERS 1,694
retirants who make an election under division (C)(1)(a) of this 1,695
section. 1,696
(4) A PERS retirant shall elect division (C)(1)(b) of this 1,699
section if both of the following apply:
(a) The retirant held elective office in this state, or in 1,701
any municipal corporation, county, or other subdivision of this 1,702
state at the time of retirement under Chapter 145. of the Revised 1,703
Code;
(b) The retirant was elected or appointed to the same 1,705
office for the remainder of the term or the term immediately 1,706
following the term during which the retirement occurred. 1,707
(D)(1) On termination of employment under this section, 1,709
the PERS retirant who makes an election under division (C)(1)(a) 1,710
of this section or other system retirant may file an application 1,711
with the public employees retirement system for a benefit under 1,712
this division, which shall consist of a single life annuity 1,713
having a reserve equal to the amount of the retirant's 1,714
accumulated contributions for the period of employment and an 1,715
equal amount of the employer's contributions. The PERS retirant 1,716
or other system retirant shall elect either to receive the 1,717
benefit as a monthly annuity for life or a lump-sum payment 1,718
discounted to the present value using the current actuarial 1,719
assumption rate of interest, except that if the monthly annuity 1,720
would be less than twenty-five dollars per month, the retirant 1,721
shall receive a lump-sum payment. 1,722
(2) A benefit payable under this division shall commence 1,724
42
on the latest of the following: 1,725
(a) The last day for which compensation for employment 1,727
subject to this section was paid; 1,728
(b) Attainment by the PERS retirant or other system 1,730
retirant of age sixty-five; 1,731
(c) If the PERS retirant or other system retirant was 1,733
previously employed under this section and is receiving or 1,734
previously received a benefit under this division, completion of 1,735
a period of twelve months since the effective date of the last 1,736
benefit under this division. 1,737
(3)(a) If a PERS retirant or other system retirant dies 1,739
while employed in employment subject to this section, a lump-sum 1,740
payment calculated in accordance with division (D)(1) of this 1,741
section shall be paid to the retirant's beneficiary under 1,742
division (G) of this section. 1,743
(b) If at the time of death a PERS retirant or other 1,745
system retirant receiving a monthly annuity has received less 1,746
than the retirant would have received as a lump-sum payment, the 1,748
difference between the amount received and the amount that would 1,749
have been received as a lump-sum payment shall be paid to the 1,750
retirant's beneficiary under division (G) of this section. 1,751
(4)(a) A PERS retirant or other system retirant subject to 1,753
this division is not a member of the public employees retirement 1,754
system, does not have any of the rights, privileges, or 1,755
obligations of membership, except as specified in this section, 1,756
and, except as specified in division (D)(4)(b) of this section, 1,757
is not eligible to receive health, medical, hospital, or surgical 1,758
benefits under section 145.58 of the Revised Code for employment 1,759
subject to this section. No amount received under this division 1,760
shall be included in determining an additional benefit under 1,761
section 145.323 of the Revised Code or any other post-retirement 1,762
benefit increase. 1,763
(b) A PERS retirant who makes an election under division 1,765
(C)(1)(a) of this section shall receive primary health, medical, 1,766
43
hospital, or surgical insurance coverage from the retirant's 1,767
employer, if the employer provides coverage to other employees 1,768
performing comparable work. Neither the employer nor the PERS 1,769
retirant may waive the employer's coverage, except that the PERS 1,770
retirant may waive the employer's coverage if the retirant has 1,771
coverage comparable to that provided by the employer from a 1,772
source other than the employer or the public employees retirement 1,773
system. If a claim is made, the employer's coverage shall be the 1,774
primary coverage and shall pay first. The benefits provided 1,775
under section 145.58 of the Revised Code shall pay only those 1,776
medical expenses not paid through the employer's coverage or 1,777
coverage the PERS retirant receives through a source other than 1,778
the retirement system. 1,779
(E) If the disability benefit of an other system retirant 1,781
employed under this section is terminated, the retirant shall 1,782
become a member of the public employees retirement system, 1,783
effective on the first day of the month next following the 1,784
termination with all the rights, privileges, and obligations of 1,785
membership. If such person, after the termination of the 1,786
disability benefit, earns two years of service credit under this 1,787
system or under the OHIO police and firemen's disability and FIRE 1,788
pension fund, state teachers retirement system, school employees 1,790
retirement system, or state highway patrol retirement system, the 1,791
person's prior contributions as an other system retirant under 1,792
this section shall be included in the person's total service 1,793
credit as a public employees retirement system member, and the 1,794
person shall forfeit all rights and benefits of this section. 1,795
Not more than one year of credit may be given for any period of 1,796
twelve months.
(F) A PERS retirant who performs services for a public 1,798
employer as an independent contractor pursuant to a contract with 1,799
the employer shall not make contributions to the public employees 1,800
retirement system or become a member of the system. Except as 1,801
provided in division (B)(6) of this section, there shall be no 1,802
44
suspension or forfeiture of the retirant's retirement allowance. 1,803
(G) A PERS retirant or other system retirant employed 1,805
under this section may designate one or more persons as 1,806
beneficiary to receive any benefits payable under this section 1,807
due to death. The designation shall be in writing duly executed 1,809
on a form provided by the public employees retirement board, 1,810
signed by the PERS retirant or other system retirant, and filed 1,811
with the board prior to death. The last designation of a 1,812
beneficiary revokes all previous designations. The PERS
retirant's or other system retirant's marriage, divorce, marriage 1,813
dissolution, legal separation, withdrawal of account, birth of a 1,815
child, or adoption of a child revokes all previous designations. 1,816
If there is no designated beneficiary, the beneficiary is the 1,817
beneficiary determined under division (D) of section 145.43 of 1,818
the Revised Code. If any benefit payable under this section due 1,819
to the death of a PERS retirant or other system retirant is not 1,820
claimed by a beneficiary within five years after the death, the 1,821
amount payable shall be transferred to the income fund and 1,822
thereafter paid to the beneficiary or the estate of the PERS 1,823
retirant or other system retirant on application to the board.
(H) This section does not affect the receipt of benefits 1,825
by or eligibility for benefits of any person who on August 20, 1,826
1976, was receiving a disability benefit or service retirement 1,827
pension or allowance from a state or municipal retirement system 1,828
in Ohio and was a member of any other state or municipal 1,829
retirement system of this state. 1,830
(I) The public employees retirement board may adopt rules 1,832
to carry out this section. 1,833
Sec. 145.58. (A) As used in this section, "ineligible 1,842
individual" means all of the following: 1,843
(1) A former member receiving benefits pursuant to section 1,845
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code 1,846
for whom eligibility is established more than five years after 1,847
June 13, 1981, and who, at the time of establishing eligibility, 1,848
45
has accrued less than ten years' service credit, exclusive of 1,849
credit obtained pursuant to section 145.297 or 145.298 of the 1,850
Revised Code, credit obtained after January 29, 1981, pursuant to 1,851
section 145.293 or 145.301 of the Revised Code, and credit 1,852
obtained after May 4, 1992, pursuant to section 145.28 of the 1,853
Revised Code; 1,854
(2) The spouse of the former member; 1,856
(3) The beneficiary of the former member receiving 1,858
benefits pursuant to section 145.46 of the Revised Code. 1,859
(B) The public employees retirement board may enter into 1,861
agreements with insurance companies, health insuring 1,863
corporations, or government agencies authorized to do business in 1,865
the state for issuance of a policy or contract of health, 1,866
medical, hospital, or surgical benefits, or any combination 1,867
thereof, for those individuals receiving age and service 1,869
retirement or a disability or survivor benefit subscribing to the 1,870
plan, or for PERS retirants employed under section 145.38 of the 1,871
Revised Code, for coverage of benefits in accordance with 1,872
division (D)(4)(b) of section 145.38 of the Revised Code. 1,873
Notwithstanding any other provision of this chapter, the policy 1,874
or contract may also include coverage for any eligible
individual's spouse and dependent children and for any of the 1,876
individual's sponsored dependents as the board determines 1,877
appropriate. If all or any portion of the policy or contract 1,878
premium is to be paid by any individual receiving age and service 1,879
retirement or a disability or survivor benefit, the individual 1,881
shall, by written authorization, instruct the board to deduct the 1,883
premium agreed to be paid by the individual to the company, 1,885
corporation, or agency.
The board may contract for coverage on the basis of part or 1,888
all of the cost of the coverage to be paid from appropriate funds 1,889
of the public employees retirement system. The cost paid from 1,890
the funds of the system shall be included in the employer's 1,892
contribution rate provided by sections 145.48 and 145.51 of the 1,893
46
Revised Code. The board may by rule provide coverage to 1,894
ineligible individuals if the coverage is provided at no cost to 1,895
the retirement system. The board shall not pay or reimburse the 1,896
cost for coverage under this section or section 145.325 of the 1,897
Revised Code for any ineligible individual.
The board may provide for self-insurance of risk or level 1,899
of risk as set forth in the contract with the companies, 1,900
corporations, or agencies, and may provide through the 1,901
self-insurance method specific benefits as authorized by rules of 1,902
the board. 1,903
(C) If the board provides health, medical, hospital, or 1,905
surgical benefits through any means other than a health insuring 1,907
corporation, it shall offer to each individual eligible for the 1,910
benefits the alternative of receiving benefits through enrollment 1,912
in a health insuring corporation, if all of the following apply: 1,914
(1) The health insuring corporation provides services in 1,918
the geographical area in which the individual lives; 1,919
(2) The eligible individual was receiving health care 1,921
benefits through a health maintenance organization or a health 1,923
insuring corporation before retirement; 1,924
(3) The rate and coverage provided by the health insuring 1,927
corporation to eligible individuals is comparable to that 1,930
currently provided by the board under division (B) of this
section. If the rate or coverage provided by the health insuring 1,932
corporation is not comparable to that currently provided by the 1,934
board under division (B) of this section, the board may deduct 1,935
the additional cost from the eligible individual's monthly 1,936
benefit.
The health insuring corporation shall accept as an enrollee 1,940
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 1,942
from one plan to another at least once a year at a time 1,944
determined by the board. 1,945
(D) The board shall, beginning the month following receipt 1,947
47
of satisfactory evidence of the payment for coverage, pay monthly 1,948
to each recipient of service retirement, or a disability or 1,949
survivor benefit under the public employees retirement system who 1,950
is eligible for medical insurance coverage under part B of Title 1,951
XVIII of "The Social Security Act," 79 Stat. 301 (1965), 42 1,952
U.S.C.A. 1395j, as amended, an amount equal to the basic premium 1,953
for such coverage, except that the board shall make no such 1,955
payment to any ineligible individual.
(E) The board shall establish by rule requirements for the 1,957
coordination of any coverage, payment, or benefit provided under 1,959
this section or section 145.325 of the Revised Code with any 1,960
similar coverage, payment, or benefit made available to the same 1,962
individual by the OHIO police and firemen's disability and FIRE 1,963
pension fund, state teachers retirement system, school employees 1,964
retirement system, or state highway patrol retirement system. 1,965
(F) The board shall make all other necessary rules 1,969
pursuant to the purpose and intent of this section. 1,970
Sec. 145.581. (A) As used in this section: 1,979
(1) "Long-term care insurance" has the same meaning as in 1,981
section 3923.41 of the Revised Code. 1,982
(2) "Retirement systems" means the public employees 1,984
retirement system, the OHIO police and firemen's disability and 1,986
FIRE pension fund, the state teachers retirement system, the 1,987
school employees retirement system, and the state highway patrol 1,988
retirement system. 1,989
(B) The public employees retirement board shall establish 1,991
a long-term care insurance program consisting of the programs 1,992
authorized by divisions (C) and (D) of this section. Such 1,993
program may be established independently or jointly with one or 1,994
more of the other retirement systems. If the program is 1,995
established jointly, the board shall adopt rules in accordance 1,996
with section 111.15 of the Revised Code to establish the terms 1,997
and conditions of such joint participation. 1,998
(C) The board shall establish a program under which it 2,000
48
makes long-term care insurance available to any person who 2,001
participated in a policy of long-term care insurance for which 2,002
the state or a political subdivision contracted under section 2,003
124.84 or 124.841 of the Revised Code and is the recipient of a 2,004
pension, benefit, or allowance from the system. To implement the 2,005
program under this division, the board, subject to division (E) 2,006
of this section, may enter into an agreement with the insurance 2,007
company, health insuring corporation, or government agency that 2,009
provided the insurance. The board shall, under any such 2,010
agreement, deduct the full premium charged from the person's 2,011
benefit, pension, or allowance notwithstanding any employer 2,012
agreement to the contrary.
Any long-term care insurance policy entered into under this 2,014
division is subject to division (C) of section 124.84 of the 2,015
Revised Code. 2,016
(D)(1) The board, subject to division (E) of this section, 2,018
shall establish a program under which a recipient of a pension, 2,019
benefit, or allowance from the system who is not eligible for 2,020
such insurance under division (C) of this section may participate 2,021
in a contract for long-term care insurance. Participation may 2,022
include the recipient's dependents and family members. 2,023
(2) The board shall adopt rules in accordance with section 2,025
111.15 of the Revised Code governing the program. The rules 2,026
shall establish methods of payment for participation under this 2,027
section, which may include deduction of the full premium charged 2,028
from a recipient's pension, benefit, or allowance, or any other 2,029
method of payment considered appropriate by the board. 2,030
(E) Prior to entering into any agreement or contract with 2,032
an insurance company or health insuring corporation for the 2,034
purchase of, or participation in, a long-term care insurance 2,035
policy under this section, the board shall request the 2,036
superintendent of insurance to certify the financial condition of 2,037
the company or corporation. The board shall not enter into the 2,038
agreement or contract if, according to that certification, the 2,040
49
company or corporation is insolvent, is determined by the 2,041
superintendent to be potentially unable to fulfill its 2,042
contractual obligations, or is placed under an order of 2,043
rehabilitation or conservation by a court of competent 2,044
jurisdiction or under an order of supervision by the 2,045
superintendent. 2,046
Sec. 146.01. As used in sections 146.01 to 146.19 of the 2,055
Revised Code: 2,056
(A) "Fire department" means a volunteer fire department, a 2,058
fire department of a political subdivision or fire district of 2,059
this state, or a private volunteer company that has elected to 2,060
participate in the volunteer fire fighters' dependents fund 2,062
pursuant to section 146.02 of the Revised Code. 2,063
(B)(1) "Volunteer fire fighter FIREFIGHTER" means both of 2,065
the following, subject to division (B)(2) of this section: 2,066
(a) A duly appointed member of a fire department on either 2,068
a nonpay or part-pay basis who is ineligible to be a member of 2,069
the OHIO police and firemen's disability and FIRE pension fund, 2,072
or whose employment as a fire fighter FIREFIGHTER does not in 2,073
itself qualify any such person for membership in the public 2,075
employees retirement system, or who has waived membership in the 2,076
public employees retirement system; 2,077
(b) Fire fighters FIREFIGHTERS drafted, requisitioned, or 2,079
appointed to serve in an emergency. 2,081
(2)(a) A volunteer fire fighter FIREFIGHTER who is a 2,083
member of the public employees retirement system shall be 2,085
considered a volunteer fire fighter FIREFIGHTER for purposes of 2,086
this chapter, and in particular, for purposes of divisions (A) 2,088
and (B) of section 146.12 of the Revised Code until he THE 2,089
FIREFIGHTER has at least one and one-half years of Ohio service 2,091
credit for purposes of division (B) of section 145.45 of the 2,092
Revised Code;
(b) A volunteer fire fighter FIREFIGHTER who is a member 2,094
of the public employees retirement system shall be considered a 2,096
50
volunteer fire fighter FIREFIGHTER for purposes of this chapter 2,097
and, in particular, for purposes of division (C) of section 2,099
146.12 of the Revised Code until this person THE FIREFIGHTER has 2,100
at least five years of total service credit for purposes of 2,102
sections 145.35 and 145.36 or section 145.361 of the Revised 2,103
Code.
(C) "Private volunteer fire company" means a company of 2,105
trained volunteer fire fighters FIREFIGHTERS having a contract to 2,107
furnish fire protection or emergency service or both to a 2,108
political subdivision or fire district of this state. 2,109
(D) "Member of the fund" includes a political subdivision 2,111
or fire district of this state that maintains in whole or in part 2,112
a volunteer fire department or employs volunteer fire fighters 2,113
FIREFIGHTERS, and a private volunteer fire company that has 2,114
elected to participate in the volunteer fire fighters' dependents 2,115
fund.
(E) "Dependent" means the surviving spouse or child under 2,117
eighteen years of age of a volunteer fire fighter FIREFIGHTER 2,118
regardless of financial status. 2,119
(F) "Volunteer fire fighters' dependents fund" means the 2,121
fund established by section 146.07 of the Revised Code. 2,122
(G) "Totally and permanently disabled" means that a 2,124
volunteer fire fighter FIREFIGHTER is unable to engage in any 2,125
substantial gainful employment for a period of not less than 2,127
twelve months by reason of a medically determinable physical 2,128
impairment that is permanent or presumed to be permanent. 2,129
Sec. 154.13. Obligations issued under this chapter are 2,138
lawful investments for banks, societies for savings, savings and 2,139
loan associations, deposit guarantee associations, trust 2,140
companies, trustees, fiduciaries, insurance companies, including 2,141
domestic for life and domestic not for life, trustees or other 2,142
officers having charge of sinking and bond retirement or other 2,143
special funds of political subdivisions and taxing districts of 2,144
this state, the commissioners of the sinking fund of the state, 2,145
51
the administrator of workers' compensation, the state teachers 2,146
retirement system, the public employees retirement system, the 2,147
public school employees retirement system, and the OHIO police 2,149
and firemen's disability and FIRE pension fund, notwithstanding 2,151
any other provisions of the Revised Code with respect to 2,152
investments by them, and also are acceptable as security for the 2,153
deposit of public moneys. 2,154
Sec. 164.09. (A) The issuer is authorized to issue and 2,161
sell, as provided in this section and in amounts from time to 2,162
time authorized by the general assembly, general obligations of 2,163
this state for the purpose of financing or assisting in the 2,164
financing of the costs of public infrastructure capital 2,165
improvements for local subdivisions. The full faith and credit, 2,167
revenues, and taxing power of the state are and shall be pledged 2,168
to the timely payment of bond service charges on outstanding 2,169
obligations, all in accordance with Section 2k or 2m of Article 2,170
VIII, Ohio Constitution and sections 164.09 to 164.12 of the 2,171
Revised Code, excluding from that pledge fees, excises, or taxes 2,172
relating to the registration, operation, or use of vehicles on 2,173
the public highways, or to fuels used for propelling those
vehicles, and so long as such obligations are outstanding there 2,174
shall be levied and collected excises and taxes, excluding those 2,175
excepted above, in amounts sufficient to pay the bond service 2,176
charges on such obligations and costs relating to credit 2,177
facilities. 2,178
(B)(1) The total principal amount of obligations issued 2,180
pursuant to Section 2k of Article VIII, Ohio Constitution shall 2,181
not exceed one billion two hundred million dollars, and not more 2,182
than one hundred twenty million dollars in principal amount of 2,183
obligations may be issued in any calendar year, all determined as 2,184
provided in sections 164.09 to 164.12 of the Revised Code. 2,186
(2) The total principal amount of obligations issued for 2,189
the purposes of this section pursuant to Section 2m of Article 2,190
VIII, Ohio Constitution, shall not exceed one billion two hundred 2,191
52
million dollars. Not more than one hundred twenty million 2,192
dollars in principal amount of such obligations, plus the 2,193
principal amount of such obligations that in any prior fiscal 2,194
years could have been but were not issued within the 2,195
one-hundred-twenty-million-dollar fiscal year limit, may be
issued in any fiscal year. No obligations shall be issued for 2,196
the purposes of this section pursuant to Section 2m of Article 2,197
VIII, Ohio Constitution, until at least one billion one hundred 2,198
ninety-nine million five hundred thousand dollars aggregate 2,199
principal amount of obligations have been issued pursuant to
Section 2k of Article VIII, Ohio Constitution. The amounts 2,200
specified under division (B)(2) of this section shall be 2,201
determined as provided in sections 164.09 to 164.12 of the 2,203
Revised Code. 2,204
(C) Each issue of obligations shall be authorized by order 2,206
of the issuer. The bond proceedings shall provide for the 2,207
principal amount or maximum principal amount of obligations of an 2,208
issue, and shall provide for or authorize the manner or agency 2,209
for determining the principal maturity or maturities, not 2,210
exceeding the earlier of thirty years from the date of issuance 2,211
of the particular obligations or thirty years from the date the 2,212
debt represented by the particular obligations was originally 2,213
contracted, the interest rate or rates, the date of and the dates 2,214
of payment of interest on the obligations, their denominations, 2,215
and the establishment within or without the state of a place or 2,216
places of payment of bond service charges. Sections 9.96 and 2,217
9.98 to 9.983 of the Revised Code are applicable to the 2,218
obligations. The purpose of the obligations may be stated in the 2,219
bond proceedings as "financing or assisting in the financing of 2,220
local subdivisions capital improvement projects." 2,221
(D) The proceeds of the obligations, except for any 2,223
portion to be deposited in special funds, or in escrow funds for 2,224
the purpose of refunding outstanding obligations, all as may be 2,225
provided in the bond proceedings, shall be deposited to the state 2,226
53
capital improvements fund established by section 164.08 of the 2,227
Revised Code. 2,228
(E) The issuer may appoint paying agents, bond registrars, 2,230
securities depositories, and transfer agents, and may retain the 2,231
services of financial advisers and accounting experts, and retain 2,232
or contract for the services of marketing, remarketing, indexing, 2,233
and administrative agents, other consultants, and independent 2,234
contractors, including printing services, as are necessary in the 2,235
issuer's judgment to carry out sections 164.01 to 164.12 of the 2,236
Revised Code. Financing costs are payable, as provided in the 2,237
bond proceedings, from the proceeds of the obligations, from 2,238
special funds, or from other moneys available for the purpose. 2,239
(F) The bond proceedings, including any trust agreement, 2,241
may contain additional provisions customary or appropriate to the 2,242
financing or to the obligations or to particular obligations, 2,243
including but not limited to: 2,244
(1) The redemption of obligations prior to maturity at the 2,246
option of the state or of the holder or upon the occurrence of 2,247
certain conditions at such price or prices and under such terms 2,248
and conditions as are provided in the bond proceedings; 2,249
(2) The form of and other terms of the obligations; 2,251
(3) The establishment, deposit, investment, and 2,253
application of special funds, and the safeguarding of moneys on 2,254
hand or on deposit, without regard to Chapter 131. or 135. of the 2,255
Revised Code, but subject to any special provisions of this 2,256
section with respect to particular funds or moneys, and provided 2,257
that any bank or trust company that acts as a depository of any 2,258
moneys in special funds may furnish such indemnifying bonds or 2,259
may pledge such securities as required by the issuer; 2,260
(4) Any or every provision of the bond proceedings binding 2,262
upon the issuer and such state agency or local subdivision, 2,263
officer, board, commission, authority, agency, department, or 2,264
other person or body as may from time to time have the authority 2,265
under law to take such actions as may be necessary to perform all 2,266
54
or any part of the duty required by such provision; 2,267
(5) The maintenance of each pledge, any trust agreement, 2,269
or other instrument comprising part of the bond proceedings until 2,270
the state has fully paid or provided for the payment of the bond 2,271
service charges on the obligations or met other stated 2,272
conditions; 2,273
(6) In the event of default in any payments required to be 2,275
made by the bond proceedings, or any other agreement of the 2,276
issuer made as a part of a contract under which the obligations 2,277
were issued or secured, the enforcement of such payments or 2,278
agreements by mandamus, suit in equity, action at law, or any 2,279
combination of the foregoing; 2,280
(7) The rights and remedies of the holders of obligations 2,282
and of the trustee under any trust agreement, and provisions for 2,283
protecting and enforcing them, including limitations on rights of 2,284
individual holders of obligations; 2,285
(8) The replacement of any obligations that become 2,287
mutilated or are destroyed, lost, or stolen; 2,288
(9) Provision for the funding, refunding, or advance 2,290
refunding or other provision for payment of obligations which 2,291
will then no longer be outstanding for purposes of this section 2,292
or of the bond proceedings; 2,293
(10) Any provision that may be made in bond proceedings or 2,296
a trust agreement, including provision for amendment of the bond 2,297
proceedings;
(11) Such other provisions as the issuer determines, 2,299
including limitations, conditions, or qualifications relating to 2,300
any of the foregoing; 2,301
(12) Any other or additional agreements with the holders 2,303
of the obligations relating to the obligations or the security 2,304
for the obligations. 2,305
(G) The great seal of the state or a facsimile of that 2,307
seal may be affixed to or printed on the obligations. The 2,308
obligations requiring signature by the issuer shall be signed by 2,309
55
or bear the facsimile signature of the issuer as provided in the 2,310
bond proceedings. Any obligations may be signed by the person 2,311
who, on the date of execution, is the authorized signer although 2,312
on the date of such obligations such person was not the issuer. 2,313
In case the person whose signature or a facsimile of whose 2,314
signature appears on any obligation ceases to be the issuer 2,315
before delivery of the obligation, such signature or facsimile is 2,316
nevertheless valid and sufficient for all purposes as if the 2,317
person had remained the member until such delivery, and in case 2,319
the seal to be affixed to or printed on obligations has been 2,320
changed after the seal has been affixed to or a facsimile of the 2,321
seal has been printed on the obligations, that seal or facsimile 2,322
seal shall continue to be sufficient as to those obligations and 2,323
obligations issued in substitution or exchange therefor. 2,324
(H) The obligations are negotiable instruments and 2,326
securities under Chapter 1308. of the Revised Code, subject to 2,327
the provisions of the bond proceedings as to registration. 2,328
Obligations may be issued in coupon or in fully registered form, 2,329
or both, as the issuer determines. Provision may be made for the 2,330
registration of any obligations with coupons attached as to 2,331
principal alone or as to both principal and interest, their 2,332
exchange for obligations so registered, and for the conversion or 2,333
reconversion into obligations with coupons attached of any 2,334
obligations registered as to both principal and interest, and for 2,335
reasonable charges for such registration, exchange, conversion, 2,336
and reconversion. Pending preparation of definitive obligations, 2,337
the issuer may issue interim receipts or certificates which shall 2,338
be exchanged for such definitive obligations. 2,339
(I) Obligations may be sold at public sale or at private 2,341
sale, and at such price at, above, or below par, as determined by 2,342
the issuer in the bond proceedings. 2,343
(J) In the discretion of the issuer, obligations may be 2,345
secured additionally by a trust agreement between the state and a 2,346
corporate trustee which may be any trust company or bank having 2,347
56
its principal place of business within the state. Any trust 2,348
agreement may contain the order authorizing the issuance of the 2,349
obligations, any provisions that may be contained in the bond 2,350
proceedings, and other provisions that are customary or 2,351
appropriate in an agreement of the type. 2,352
(K) Except to the extent that their rights are restricted 2,354
by the bond proceedings, any holder of obligations, or a trustee 2,355
under the bond proceedings, may by any suitable form of legal 2,356
proceedings protect and enforce any rights under the laws of this 2,357
state or granted by the bond proceedings. Such rights include 2,358
the right to compel the performance of all duties of the issuer 2,359
and the state. Each duty of the issuer and the issuer's 2,360
employees, and of each state agency and local public entity and 2,361
its officers, members, or employees, undertaken pursuant to the 2,362
bond proceedings, is hereby established as a duty of the issuer, 2,363
and of each such agency, local subdivision, officer, member, or 2,364
employee having authority to perform such duty, specifically 2,365
enjoined by the law and resulting from an office, trust, or 2,366
station within the meaning of section 2731.01 of the Revised 2,367
Code. The persons who are at the time the issuer, or the 2,368
issuer's employees, are not liable in their personal capacities 2,369
on any obligations or any agreements of or with the issuer 2,370
relating to obligations or under the bond proceedings. 2,371
(L) The issuer may authorize and issue obligations for the 2,373
refunding, including funding and retirement, and advance 2,374
refunding with or without payment or redemption prior to 2,375
maturity, of any obligations previously issued. Such refunding 2,376
obligations may be issued in amounts sufficient to pay or to 2,377
provide for payment of the principal amount, including principal 2,378
amounts maturing prior to the redemption of the remaining 2,379
obligations, any redemption premium, and interest accrued or to 2,380
accrue to the maturity or redemption date or dates, payable on 2,381
the refunded obligations, and related financing costs and any 2,382
expenses incurred or to be incurred in connection with such 2,383
57
issuance and refunding. Subject to the bond proceedings 2,384
therefor, the portion of the proceeds of the sale of refunding 2,385
obligations issued under this division to be applied to bond 2,386
service charges on the prior obligations shall be credited to an 2,387
appropriate separate account in the bond service fund and held in 2,388
trust for the purpose by the commissioners of the sinking fund or 2,389
by a corporate trustee. Obligations authorized under this 2,390
division shall be considered to be issued for those purposes for 2,391
which such prior obligations were issued, and, except as 2,392
otherwise provided in sections 164.09 to 164.12 of the Revised 2,393
Code are subject to the provisions of sections 164.09 to 164.12 2,394
of the Revised Code pertaining to other obligations. 2,395
(M) The issuer may authorize and issue obligations in the 2,397
form of bond anticipation notes and renew those notes from time 2,398
to time by the issuance of new notes. The holders of such notes 2,399
or appertaining interest coupons have the right to have bond 2,400
service charges on those notes paid solely from the moneys and 2,401
special funds that are or may be pledged to the payment of bond 2,402
service charges on those notes, including the proceeds of such 2,403
bonds or renewal notes, or both, as the issuer provides in the 2,404
bond proceedings authorizing the notes. Such notes may be 2,405
additionally secured by covenants of the issuer to the effect 2,406
that the issuer and the state will do any or all things necessary 2,408
for the issuance of bonds or renewal notes in appropriate amount, 2,409
and apply the proceeds thereof to the extent necessary, to make 2,410
full and timely payment of the principal of and interest on such 2,411
notes as provided in such bond proceedings. For such purposes, 2,412
the issuer may issue bonds or renewal notes in such principal 2,413
amount and upon such terms as may be necessary to provide moneys 2,414
to pay when due the principal of and interest on such notes. 2,415
Except as otherwise provided in sections 164.08 to 164.12 of the 2,416
Revised Code, notes authorized pursuant to this division are 2,417
subject to sections 164.08 to 164.12 of the Revised Code 2,418
pertaining to other obligations.
58
The issuer in the bond proceedings authorizing the issuance 2,420
of bond anticipation notes shall set forth for the bonds 2,421
anticipated by such notes an estimated schedule of annual 2,422
principal payments for such bonds over a period of thirty years 2,423
from the earlier of the date of issuance of the notes or the date 2,424
of original issuance of prior notes in anticipation of those 2,425
bonds. While the notes are outstanding there shall be deposited, 2,426
as shall be provided in the bond proceedings for those notes, 2,427
from the sources authorized for payment of bond service charges 2,428
on the bonds, amounts sufficient to pay the principal of the 2,429
bonds anticipated as set forth in that estimated schedule during 2,430
the time the notes are outstanding, which amounts shall be used 2,431
solely to pay the principal of those notes or of the bonds 2,432
anticipated. 2,433
(N) Refunding or renewal obligations issued pursuant to 2,435
division (L) or (M) of this section shall not be counted against 2,436
the limitations on principal amount provided for in divisions 2,438
(B)(1) and (2) of this section, and shall be in addition to the 2,439
amount authorized by the general assembly as provided for in 2,440
division (A) of this section, to the extent the principal amount 2,441
of those obligations does not exceed the then outstanding 2,442
principal amount of the obligations to be refunded, renewed, or 2,443
retired. For purposes of this section only, the principal amount 2,444
of an obligation issued to refund an outstanding obligation is 2,445
the amount on which interest or interest equivalent is initially 2,446
calculated and shall not be deemed to include any premium paid by 2,447
the initial purchaser of such obligation. 2,448
(O) Obligations are lawful investments for banks, 2,450
societies for savings, savings and loan associations, deposit 2,451
guarantee associations, trust companies, trustees, fiduciaries, 2,452
insurance companies, including domestic for life and domestic not 2,453
for life, trustees or other officers having charge of sinking and 2,454
bond retirement or other special funds of political subdivisions 2,455
and taxing districts of this state, the commissioners of the 2,456
59
sinking fund, the administrator of workers' compensation, the 2,457
state teachers retirement system, the public employees retirement 2,458
system, the school employees retirement system, and the OHIO 2,459
police and firemen's disability and FIRE pension fund, 2,461
notwithstanding any other provisions of the Revised Code or rules 2,463
adopted pursuant thereto by any state agency with respect to 2,465
investments by them, and are also acceptable as security for the 2,466
deposit of public moneys. 2,467
(P) Unless otherwise provided in any applicable bond 2,469
proceedings, moneys to the credit of or in the special funds 2,470
established by or pursuant to this section may be invested by or 2,471
on behalf of the issuer only in notes, bonds, or other direct 2,472
obligations of the United States or of any agency or 2,473
instrumentality of the United States, in obligations of this 2,475
state or any political subdivision of this state, in certificates 2,476
of deposit of any national bank located in this state and any 2,477
bank, as defined in section 1101.01 of the Revised Code, subject 2,478
to inspection by the superintendent of financial institutions, in 2,479
the Ohio subdivision's fund established pursuant to section 2,480
135.45 of the Revised Code, in no-front-end-load money market 2,481
mutual funds consisting exclusively of direct obligations of the 2,482
United States or of an agency or instrumentality of the United 2,483
States, and in repurchase agreements, including those issued by 2,485
any fiduciary, secured by direct obligations of the United States 2,486
or an agency or instrumentality of the United States, and in 2,488
collective investment funds established in accordance with 2,489
section 1111.14 of the Revised Code and consisting exclusively of 2,490
direct obligations of the United States or of an agency or 2,491
instrumentality of the United States, notwithstanding division 2,492
(A)(1)(c) of that section. The income from investments shall be 2,494
credited to such special funds or otherwise as the issuer 2,495
determines in the bond proceedings, and the investments may be 2,496
sold or exchanged at such times as the issuer determines or 2,497
authorizes.
60
(Q) Unless otherwise provided in any applicable bond 2,499
proceedings, moneys to the credit of or in a special fund shall 2,500
be disbursed on the order of the issuer, provided that no such 2,501
order is required for the payment from the bond service fund or 2,502
other special fund when due of bond service charges or required 2,503
payments under credit facilities. 2,504
(R) The issuer may covenant in the bond proceedings, and 2,506
any such covenants shall be controlling notwithstanding any other 2,507
provision of law, that the state and the applicable officers and 2,508
agencies of the state, including the general assembly, so long as 2,510
any obligations are outstanding in accordance with their terms, 2,511
shall maintain statutory authority for and cause to be charged
and collected taxes, excises, and other receipts of the state so 2,512
that the receipts to the bond service fund shall be sufficient in 2,513
amounts to meet bond service charges and for the establishment 2,514
and maintenance of any reserves and other requirements, including 2,515
payment of financing costs, provided for in the bond proceedings. 2,516
(S) The obligations, and the transfer of, and the interest 2,518
and other income from, including any profit made on the sale, 2,519
transfer, or other disposition of, the obligations shall at all 2,520
times be free from taxation, direct or indirect, within the 2,521
state. 2,522
(T) Unless a judicial action or proceeding challenging the 2,524
validity of obligations is commenced by personal service on the 2,525
treasurer of state prior to the initial delivery of an issue of 2,526
the obligations, the obligations of that issue and the bond 2,527
proceedings pertaining to that issue are incontestable and those 2,528
obligations shall be conclusively considered to be and to have 2,529
been issued, secured, payable, sold, executed, and delivered, and 2,530
the bond proceedings relating to them taken, in conformity with 2,531
law if all of the following apply to the obligations: 2,532
(1) They state that they are issued under the provisions 2,534
of this section and comply on their face with those provisions; 2,535
(2) They are issued within the limitations prescribed by 2,537
61
this section; 2,538
(3) Their purchase price has been paid in full; 2,540
(4) They state that all the bond proceedings were held in 2,542
compliance with law, which statement creates a conclusive 2,543
presumption that the bond proceedings were held in compliance 2,544
with all laws, including section 121.22 of the Revised Code, 2,545
where applicable, and rules. 2,546
Sec. 165.08. Bonds issued under this chapter are lawful 2,555
investments of banks, societies for savings, savings and loan 2,556
associations, deposit guarantee associations, trust companies, 2,557
trustees, fiduciaries, insurance companies, including domestic 2,558
for life and domestic not for life, trustees or other officers 2,559
having charge of sinking and bond retirement or other special
funds of political subdivisions and taxing districts of this 2,560
state, the commissioners of the sinking fund of the state, the 2,561
administrator of workers' compensation, the state teachers 2,563
retirement system, the public employees retirement system, the
public school employees retirement system, and the OHIO police 2,565
and firemen's disability and FIRE pension fund are also 2,566
acceptable as security for the deposit of public moneys. 2,568
Sec. 166.08. (A) As used in this chapter: 2,579
(1) "Bond proceedings" means the resolution, order, trust 2,581
agreement, indenture, lease, and other agreements, amendments and 2,582
supplements to the foregoing, or any one or more or combination 2,583
thereof, authorizing or providing for the terms and conditions 2,584
applicable to, or providing for the security or liquidity of, 2,585
obligations issued pursuant to this section, and the provisions 2,586
contained in such obligations. 2,587
(2) "Bond service charges" means principal, including 2,589
mandatory sinking fund requirements for retirement of 2,590
obligations, and interest, and redemption premium, if any, 2,591
required to be paid by the state on obligations. 2,592
(3) "Bond service fund" means the applicable fund and 2,594
accounts therein created for and pledged to the payment of bond 2,595
62
service charges, which may be, or may be part of, the economic 2,596
development bond service fund created by division (S) of this 2,597
section including all moneys and investments, and earnings from 2,598
investments, credited and to be credited thereto. 2,599
(4) "Issuing authority" means the treasurer of state, or 2,601
the officer who by law performs the functions of such officer. 2,602
(5) "Obligations" means bonds, notes, or other evidence of 2,604
obligation including interest coupons pertaining thereto, issued 2,605
pursuant to this section. 2,606
(6) "Pledged receipts" means all receipts of the state 2,608
representing the gross profit on the sale of spirituous liquor, 2,609
as referred to in division (B)(4) of section 4301.10 of the 2,610
Revised Code, after paying all costs and expenses of the division 2,612
of liquor control and providing an adequate working capital 2,613
reserve for the division of liquor control as provided in that 2,614
division, but excluding the sum required by the second paragraph 2,615
of section 4301.12 of the Revised Code, as in effect on May 2, 2,616
1980, to be paid into the state treasury; moneys accruing to the 2,617
state from the lease, sale, or other disposition, or use, of 2,618
project facilities, and from the repayment, including interest, 2,619
of loans made from proceeds received from the sale of
obligations; accrued interest received from the sale of 2,620
obligations; income from the investment of the special funds; and 2,621
any gifts, grants, donations, and pledges, and receipts 2,622
therefrom, available for the payment of bond service charges. 2,623
(7) "Special funds" or "funds" means, except where the 2,625
context does not permit, the bond service fund, and any other 2,626
funds, including reserve funds, created under the bond 2,627
proceedings, and the economic development bond service fund 2,628
created by division (S) of this section to the extent provided in 2,629
the bond proceedings, including all moneys and investments, and 2,630
earnings from investment, credited and to be credited thereto. 2,631
(B) Subject to the limitations provided in section 166.11 2,633
of the Revised Code, the issuing authority, upon the 2,634
63
certification by the director of development to the issuing 2,635
authority of the amount of moneys or additional moneys needed in 2,636
the facilities establishment fund or the loan guarantee fund for 2,637
the purpose of paying, or making loans for, allowable costs from 2,638
the facilities establishment fund, or needed for capitalized 2,639
interest, for funding reserves, and for paying costs and expenses 2,640
incurred in connection with the issuance, carrying, securing, 2,641
paying, redeeming, or retirement of the obligations or any 2,642
obligations refunded thereby, including payment of costs and 2,643
expenses relating to letters of credit, lines of credit, 2,644
insurance, put agreements, standby purchase agreements, indexing, 2,645
marketing, remarketing and administrative arrangements, interest 2,646
swap or hedging agreements, and any other credit enhancement, 2,647
liquidity, remarketing, renewal, or refunding arrangements, all 2,648
of which are authorized by this section, or providing moneys for 2,649
the loan guarantee fund, as provided in this chapter or needed 2,650
for the purposes of funds established in accordance with or 2,651
pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56, 2,652
122.561, 122.57, and 122.80 of the Revised Code which are within 2,653
the authorization of Section 13 of Article VIII, Ohio 2,654
Constitution, shall issue obligations of the state under this 2,655
section in the required amount; provided that such obligations 2,656
may be issued to the extent necessary to satisfy the covenants in 2,657
contracts of guarantee made under section 166.06 of the Revised 2,658
Code to issue obligations to meet such guarantees, 2,659
notwithstanding limitations otherwise applicable to the issuance 2,660
of obligations under this section. The proceeds of such 2,661
obligations, except for the portion to be deposited in special 2,662
funds, including reserve funds, as may be provided in the bond 2,663
proceedings, shall as provided in the bond proceedings be 2,664
deposited by the director of development to the facilities 2,665
establishment fund or the loan guarantee fund established by 2,666
section 166.06 of the Revised Code. Bond proceedings for project 2,667
financing obligations may provide that the proceeds derived from 2,668
64
the issuance of such obligations shall be deposited into such 2,669
fund or funds provided for in the bond proceedings and, to the
extent provided for in the bond proceedings, such proceeds shall 2,670
be deemed to have been deposited into the facilities 2,671
establishment fund and transferred to such fund or funds. The 2,672
issuing authority may appoint trustees, paying agents, and 2,673
transfer agents and may retain the services of financial 2,674
advisors, accounting experts, and attorneys, and retain or 2,675
contract for the services of marketing, remarketing, indexing, 2,676
and administrative agents, other consultants, and independent 2,677
contractors, including printing services, as are necessary in the 2,678
issuing authority's judgment to carry out this section. The 2,679
costs of such services are allowable costs payable from the 2,680
facilities establishment fund. 2,681
(C) The holders or owners of such obligations shall have 2,683
no right to have moneys raised by taxation obligated or pledged, 2,684
and moneys raised by taxation shall not be obligated or pledged, 2,685
for the payment of bond service charges. Such holders or owners 2,686
shall have no rights to payment of bond service charges from any 2,687
moneys accruing to the state from the lease, sale, or other 2,688
disposition, or use, of project facilities, or from payment of 2,689
the principal of or interest on loans made, or fees charged for 2,690
guarantees made, or from any money or property received by the 2,691
director, treasurer of state, or the state under Chapter 122. of 2,692
the Revised Code, or from any other use of the proceeds of the 2,693
sale of the obligations, and no such moneys may be used for the 2,694
payment of bond service charges, except for accrued interest, 2,695
capitalized interest, and reserves funded from proceeds received 2,696
upon the sale of the obligations and except as otherwise 2,697
expressly provided in the applicable bond proceedings pursuant to 2,698
written directions by the director. The right of such holders 2,699
and owners to payment of bond service charges is limited to all 2,700
or that portion of the pledged receipts and those special funds 2,701
pledged thereto pursuant to the bond proceedings in accordance 2,702
65
with this section, and each such obligation shall bear on its 2,703
face a statement to that effect. 2,704
(D) Obligations shall be authorized by resolution or order 2,706
of the issuing authority and the bond proceedings shall provide 2,707
for the purpose thereof and the principal amount or amounts, and 2,708
shall provide for or authorize the manner or agency for 2,709
determining the principal maturity or maturities, not exceeding 2,710
twenty-five years from the date of issuance, the interest rate or 2,711
rates or the maximum interest rate, the date of the obligations 2,712
and the dates of payment of interest thereon, their denomination, 2,713
and the establishment within or without the state of a place or 2,714
places of payment of bond service charges. Sections 9.98 to 2,715
9.983 of the Revised Code are applicable to obligations issued 2,716
under this section, subject to any applicable limitation under 2,717
section 166.11 of the Revised Code. The purpose of such 2,718
obligations may be stated in the bond proceedings in terms 2,719
describing the general purpose or purposes to be served. The 2,720
bond proceedings also shall provide, subject to the provisions of 2,721
any other applicable bond proceedings, for the pledge of all, or 2,722
such part as the issuing authority may determine, of the pledged 2,723
receipts and the applicable special fund or funds to the payment 2,724
of bond service charges, which pledges may be made either prior 2,725
or subordinate to other expenses, claims, or payments, and may be 2,726
made to secure the obligations on a parity with obligations 2,727
theretofore or thereafter issued, if and to the extent provided 2,728
in the bond proceedings. The pledged receipts and special funds 2,729
so pledged and thereafter received by the state are immediately 2,730
subject to the lien of such pledge without any physical delivery 2,731
thereof or further act, and the lien of any such pledges is valid 2,732
and binding against all parties having claims of any kind against 2,733
the state or any governmental agency of the state, irrespective 2,734
of whether such parties have notice thereof, and shall create a 2,735
perfected security interest for all purposes of Chapter 1309. of 2,736
the Revised Code, without the necessity for separation or 2,737
66
delivery of funds or for the filing or recording of the bond 2,738
proceedings by which such pledge is created or any certificate, 2,739
statement or other document with respect thereto; and the pledge 2,740
of such pledged receipts and special funds is effective and the 2,741
money therefrom and thereof may be applied to the purposes for 2,742
which pledged without necessity for any act of appropriation. 2,743
Every pledge, and every covenant and agreement made with respect 2,744
thereto, made in the bond proceedings may therein be extended to 2,745
the benefit of the owners and holders of obligations authorized 2,746
by this section, and to any trustee therefor, for the further 2,747
security of the payment of the bond service charges. 2,748
(E) The bond proceedings may contain additional provisions 2,750
as to: 2,751
(1) The redemption of obligations prior to maturity at the 2,753
option of the issuing authority at such price or prices and under 2,754
such terms and conditions as are provided in the bond 2,755
proceedings; 2,756
(2) Other terms of the obligations; 2,758
(3) Limitations on the issuance of additional obligations; 2,760
(4) The terms of any trust agreement or indenture securing 2,762
the obligations or under which the same may be issued; 2,763
(5) The deposit, investment and application of special 2,765
funds, and the safeguarding of moneys on hand or on deposit, 2,766
without regard to Chapter 131. or 135. of the Revised Code, but 2,767
subject to any special provisions of this chapter, with respect 2,768
to particular funds or moneys, provided that any bank or trust 2,769
company which acts as depository of any moneys in the special 2,770
funds may furnish such indemnifying bonds or may pledge such 2,771
securities as required by the issuing authority; 2,772
(6) Any or every provision of the bond proceedings being 2,774
binding upon such officer, board, commission, authority, agency, 2,775
department, or other person or body as may from time to time have 2,776
the authority under law to take such actions as may be necessary 2,777
to perform all or any part of the duty required by such 2,778
67
provision; 2,779
(7) Any provision that may be made in a trust agreement or 2,781
indenture; 2,782
(8) Any other or additional agreements with the holders of 2,784
the obligations, or the trustee therefor, relating to the 2,785
obligations or the security therefor, including the assignment of 2,786
mortgages or other security obtained or to be obtained for loans 2,787
under section 122.43 or 166.07 of the Revised Code. 2,788
(F) The obligations may have the great seal of the state 2,790
or a facsimile thereof affixed thereto or printed thereon. The 2,791
obligations and any coupons pertaining to obligations shall be 2,792
signed or bear the facsimile signature of the issuing authority. 2,793
Any obligations or coupons may be executed by the person who, on 2,794
the date of execution, is the proper issuing authority although 2,795
on the date of such bonds or coupons such person was not the 2,796
issuing authority. If the issuing authority whose signature or a 2,798
facsimile of whose signature appears on any such obligation or 2,799
coupon ceases to be the issuing authority before delivery
thereof, such signature or facsimile is nevertheless valid and 2,800
sufficient for all purposes as if the former issuing authority 2,802
had remained the issuing authority until such delivery; and if 2,803
the seal to be affixed to obligations has been changed after a 2,804
facsimile of the seal has been imprinted on such obligations, 2,805
such facsimile seal shall continue to be sufficient as to such 2,806
obligations and obligations issued in substitution or exchange 2,807
therefor.
(G) All obligations are negotiable instruments and 2,809
securities under Chapter 1308. of the Revised Code, subject to 2,810
the provisions of the bond proceedings as to registration. The 2,811
obligations may be issued in coupon or in registered form, or 2,812
both, as the issuing authority determines. Provision may be made 2,813
for the registration of any obligations with coupons attached 2,814
thereto as to principal alone or as to both principal and 2,815
interest, their exchange for obligations so registered, and for 2,816
68
the conversion or reconversion into obligations with coupons 2,817
attached thereto of any obligations registered as to both 2,818
principal and interest, and for reasonable charges for such 2,819
registration, exchange, conversion, and reconversion. 2,820
(H) Obligations may be sold at public sale or at private 2,822
sale, as determined in the bond proceedings. 2,823
Obligations issued to provide moneys for the loan guarantee 2,825
fund may, as determined by the issuing authority, be sold at 2,826
private sale, and without publication of a notice of sale. 2,827
(I) Pending preparation of definitive obligations, the 2,829
issuing authority may issue interim receipts or certificates 2,830
which shall be exchanged for such definitive obligations. 2,831
(J) In the discretion of the issuing authority, 2,833
obligations may be secured additionally by a trust agreement or 2,834
indenture between the issuing authority and a corporate trustee 2,835
which may be any trust company or bank having its principal place 2,836
of business within the state. Any such agreement or indenture 2,837
may contain the resolution or order authorizing the issuance of 2,838
the obligations, any provisions that may be contained in any bond 2,839
proceedings, and other provisions which are customary or 2,840
appropriate in an agreement or indenture of such type, including, 2,841
but not limited to: 2,842
(1) Maintenance of each pledge, trust agreement, 2,844
indenture, or other instrument comprising part of the bond 2,845
proceedings until the state has fully paid the bond service 2,846
charges on the obligations secured thereby, or provision therefor 2,847
has been made; 2,848
(2) In the event of default in any payments required to be 2,850
made by the bond proceedings, or any other agreement of the 2,851
issuing authority made as a part of the contract under which the 2,852
obligations were issued, enforcement of such payments or 2,853
agreement by mandamus, the appointment of a receiver, suit in 2,854
equity, action at law, or any combination of the foregoing; 2,855
(3) The rights and remedies of the holders of obligations 2,857
69
and of the trustee, and provisions for protecting and enforcing 2,858
them, including limitations on rights of individual holders of 2,859
obligations; 2,860
(4) The replacement of any obligations that become 2,862
mutilated or are destroyed, lost, or stolen; 2,863
(5) Such other provisions as the trustee and the issuing 2,865
authority agree upon, including limitations, conditions, or 2,866
qualifications relating to any of the foregoing. 2,867
(K) Any holders of obligations or trustees under the bond 2,869
proceedings, except to the extent that their rights are 2,870
restricted by the bond proceedings, may by any suitable form of 2,871
legal proceedings, protect and enforce any rights under the laws 2,872
of this state or granted by such bond proceedings. Such rights 2,873
include the right to compel the performance of all duties of the 2,874
issuing authority, the director of development, or the division 2,875
of liquor control required by this chapter or the bond 2,876
proceedings; to enjoin unlawful activities; and in the event of 2,877
default with respect to the payment of any bond service charges 2,878
on any obligations or in the performance of any covenant or 2,879
agreement on the part of the issuing authority, the director of 2,880
development, or the division of liquor control in the bond 2,881
proceedings, to apply to a court having jurisdiction of the cause 2,882
to appoint a receiver to receive and administer the pledged 2,883
receipts and special funds, other than those in the custody of 2,884
the treasurer of state, which are pledged to the payment of the 2,885
bond service charges on such obligations or which are the subject 2,886
of the covenant or agreement, with full power to pay, and to 2,887
provide for payment of bond service charges on, such obligations, 2,888
and with such powers, subject to the direction of the court, as 2,889
are accorded receivers in general equity cases, excluding any 2,890
power to pledge additional revenues or receipts or other income 2,891
or moneys of the issuing authority or the state or governmental 2,892
agencies of the state to the payment of such principal and 2,893
interest and excluding the power to take possession of, mortgage, 2,894
70
or cause the sale or otherwise dispose of any project facilities. 2,895
Each duty of the issuing authority and the issuing 2,897
authority's officers and employees, and of each governmental 2,898
agency and its officers, members, or employees, undertaken 2,899
pursuant to the bond proceedings or any agreement or lease, 2,900
lease-purchase agreement, or loan made under authority of this 2,901
chapter, and in every agreement by or with the issuing authority, 2,902
is hereby established as a duty of the issuing authority, and of 2,903
each such officer, member, or employee having authority to 2,904
perform such duty, specifically enjoined by the law resulting 2,905
from an office, trust, or station within the meaning of section 2,906
2731.01 of the Revised Code. 2,907
The person who is at the time the issuing authority, or the 2,909
issuing authority's officers or employees, are not liable in 2,910
their personal capacities on any obligations issued by the 2,911
issuing authority or any agreements of or with the issuing 2,912
authority. 2,913
(L) The issuing authority may authorize and issue 2,915
obligations for the refunding, including funding and retirement, 2,916
and advance refunding with or without payment or redemption prior 2,917
to maturity, of any obligations previously issued by the issuing 2,918
authority. Such obligations may be issued in amounts sufficient 2,919
for payment of the principal amount of the prior obligations, any 2,920
redemption premiums thereon, principal maturities of any such 2,921
obligations maturing prior to the redemption of the remaining 2,922
obligations on a parity therewith, interest accrued or to accrue 2,923
to the maturity dates or dates of redemption of such obligations, 2,924
and any allowable costs including expenses incurred or to be 2,925
incurred in connection with such issuance and such refunding, 2,926
funding, and retirement. Subject to the bond proceedings 2,927
therefor, the portion of proceeds of the sale of obligations 2,928
issued under this division to be applied to bond service charges 2,929
on the prior obligations shall be credited to an appropriate 2,930
account held by the trustee for such prior or new obligations or 2,931
71
to the appropriate account in the bond service fund for such 2,932
obligations. Obligations authorized under this division shall be 2,933
deemed to be issued for those purposes for which such prior 2,934
obligations were issued and are subject to the provisions of this 2,935
section pertaining to other obligations, except as otherwise 2,936
provided in this section; provided that, unless otherwise 2,937
authorized by the general assembly, any limitations imposed by 2,938
the general assembly pursuant to this section with respect to 2,939
bond service charges applicable to the prior obligations shall be 2,940
applicable to the obligations issued under this division to 2,941
refund, fund, advance refund or retire such prior obligations. 2,942
(M) The authority to issue obligations under this section 2,944
includes authority to issue obligations in the form of bond 2,945
anticipation notes and to renew the same from time to time by the 2,946
issuance of new notes. The holders of such notes or interest 2,947
coupons pertaining thereto shall have a right to be paid solely 2,948
from the pledged receipts and special funds that may be pledged 2,949
to the payment of the bonds anticipated, or from the proceeds of 2,950
such bonds or renewal notes, or both, as the issuing authority 2,951
provides in the resolution or order authorizing such notes. Such 2,952
notes may be additionally secured by covenants of the issuing 2,953
authority to the effect that the issuing authority and the state 2,954
will do such or all things necessary for the issuance of such 2,955
bonds or renewal notes in appropriate amount, and apply the 2,956
proceeds thereof to the extent necessary, to make full payment of 2,957
the principal of and interest on such notes at the time or times 2,958
contemplated, as provided in such resolution or order. For such 2,959
purpose, the issuing authority may issue bonds or renewal notes 2,960
in such principal amount and upon such terms as may be necessary 2,961
to provide funds to pay when required the principal of and 2,962
interest on such notes, notwithstanding any limitations 2,963
prescribed by or for purposes of this section. Subject to this 2,964
division, all provisions for and references to obligations in 2,965
this section are applicable to notes authorized under this 2,966
72
division. 2,967
The issuing authority in the bond proceedings authorizing 2,969
the issuance of bond anticipation notes shall set forth for such 2,970
bonds an estimated interest rate and a schedule of principal 2,971
payments for such bonds and the annual maturity dates thereof, 2,972
and for purposes of any limitation on bond service charges 2,973
prescribed under division (A) of section 166.11 of the Revised 2,974
Code, the amount of bond service charges on such bond 2,975
anticipation notes is deemed to be the bond service charges for 2,976
the bonds anticipated thereby as set forth in the bond 2,977
proceedings applicable to such notes, but this provision does not 2,978
modify any authority in this section to pledge receipts and 2,979
special funds to, and covenant to issue bonds to fund, the 2,980
payment of principal of and interest and any premium on such 2,981
notes. 2,982
(N) Obligations issued under this section are lawful 2,984
investments for banks, societies for savings, savings and loan 2,985
associations, deposit guarantee associations, trust companies, 2,986
trustees, fiduciaries, insurance companies, including domestic 2,987
for life and domestic not for life, trustees or other officers 2,988
having charge of sinking and bond retirement or other special 2,989
funds of political subdivisions and taxing districts of this 2,990
state, the commissioners of the sinking fund of the state, the 2,991
administrator of workers' compensation, the state teachers 2,992
retirement system, the public employees retirement system, the 2,993
school employees retirement system, and the OHIO police and 2,994
firefighters' disability and FIRE pension fund, notwithstanding 2,996
any other provisions of the Revised Code or rules adopted 2,997
pursuant thereto by any governmental agency of the state with 2,998
respect to investments by them, and are also acceptable as 2,999
security for the deposit of public moneys. 3,000
(O) Unless otherwise provided in any applicable bond 3,002
proceedings, moneys to the credit of or in the special funds 3,003
established by or pursuant to this section may be invested by or 3,004
73
on behalf of the issuing authority only in notes, bonds, or other 3,005
obligations of the United States, or of any agency or 3,006
instrumentality of the United States, obligations guaranteed as 3,007
to principal and interest by the United States, obligations of 3,008
this state or any political subdivision of this state, and 3,009
certificates of deposit of any national bank located in this 3,010
state and any bank, as defined in section 1101.01 of the Revised 3,011
Code, subject to inspection by the superintendent of banks. If 3,012
the law or the instrument creating a trust pursuant to division 3,013
(J) of this section expressly permits investment in direct 3,014
obligations of the United States or an agency of the United 3,015
States, unless expressly prohibited by the instrument, such 3,016
moneys also may be invested in no-front-end-load money market 3,017
mutual funds consisting exclusively of obligations of the United 3,018
States or an agency of the United States and in repurchase
agreements, including those issued by the fiduciary itself, 3,019
secured by obligations of the United States or an agency of the 3,020
United States; and in common trust funds established in 3,021
accordance with section 1111.20 of the Revised Code and 3,022
consisting exclusively of any such securities, notwithstanding 3,023
division (A)(4) of that section. The income from such 3,024
investments shall be credited to such funds as the issuing 3,025
authority determines, and such investments may be sold at such 3,026
times as the issuing authority determines or authorizes. 3,027
(P) Provision may be made in the applicable bond 3,029
proceedings for the establishment of separate accounts in the 3,030
bond service fund and for the application of such accounts only 3,031
to the specified bond service charges on obligations pertinent to 3,032
such accounts and bond service fund and for other accounts 3,033
therein within the general purposes of such fund. Unless 3,034
otherwise provided in any applicable bond proceedings, moneys to 3,035
the credit of or in the several special funds established 3,036
pursuant to this section shall be disbursed on the order of the 3,037
treasurer of state, provided that no such order is required for 3,038
74
the payment from the bond service fund when due of bond service 3,039
charges on obligations. 3,040
(Q) The issuing authority may pledge all, or such portion 3,042
as the issuing authority determines, of the pledged receipts to 3,043
the payment of bond service charges on obligations issued under 3,044
this section, and for the establishment and maintenance of any 3,045
reserves, as provided in the bond proceedings, and make other 3,046
provisions therein with respect to pledged receipts as authorized 3,047
by this chapter, which provisions are controlling notwithstanding 3,048
any other provisions of law pertaining thereto. 3,049
(R) The issuing authority may covenant in the bond 3,051
proceedings, and any such covenants are controlling 3,052
notwithstanding any other provision of law, that the state and 3,053
applicable officers and governmental agencies of the state, 3,054
including the general assembly, so long as any obligations are 3,056
outstanding, shall:
(1) Maintain statutory authority for and cause to be 3,058
charged and collected wholesale and retail prices for spirituous 3,059
liquor sold by the state or its agents so that the pledged 3,060
receipts are sufficient in amount to meet bond service charges, 3,061
and the establishment and maintenance of any reserves and other 3,062
requirements provided for in the bond proceedings, and, as 3,063
necessary, to meet covenants contained in contracts of guarantee 3,064
made under section 166.06 of the Revised Code; 3,065
(2) Take or permit no action, by statute or otherwise, 3,067
that would impair the exemption from federal income taxation of 3,068
the interest on the obligations. 3,069
(S) There is hereby created the economic development bond 3,071
service fund, which shall be in the custody of the treasurer of 3,072
state but shall be separate and apart from and not a part of the 3,073
state treasury. All moneys received by or on account of the 3,074
issuing authority or state agencies and required by the 3,075
applicable bond proceedings, consistent with this section, to be 3,076
deposited, transferred, or credited to a bond service fund or the 3,077
75
economic development bond service fund, and all other moneys 3,078
transferred or allocated to or received for the purposes of the 3,079
fund, shall be deposited and credited to such fund and to any 3,080
separate accounts therein, subject to applicable provisions of 3,081
the bond proceedings, but without necessity for any act of 3,082
appropriation. During the period beginning with the date of the 3,083
first issuance of obligations and continuing during such time as 3,084
any such obligations are outstanding, and so long as moneys in 3,085
the pertinent bond service funds are insufficient to pay all bond 3,086
services charges on such obligations becoming due in each year, a 3,087
sufficient amount of the gross profit on the sale of spirituous 3,088
liquor included in pledged receipts are committed and shall be 3,089
paid to the bond service fund or economic development bond 3,090
service fund in each year for the purpose of paying the bond 3,091
service charges becoming due in that year without necessity for 3,092
further act of appropriation for such purpose and notwithstanding 3,093
anything to the contrary in Chapter 4301. of the Revised Code. 3,094
The economic development bond service fund is a trust fund and is 3,095
hereby pledged to the payment of bond service charges to the 3,096
extent provided in the applicable bond proceedings, and payment 3,097
thereof from such fund shall be made or provided for by the 3,098
treasurer of state in accordance with such bond proceedings 3,099
without necessity for any act of appropriation. 3,100
(T) The obligations, the transfer thereof, and the income 3,102
therefrom, including any profit made on the sale thereof, shall 3,103
at all times be free from taxation within the state. 3,104
Sec. 171.01. There is hereby created the Ohio retirement 3,113
study council, CONSISTING of fourteen members TO BE APPOINTED as 3,115
follows:
(A) Three members of the senate, appointed by the 3,117
president of the senate, not more than two of whom may be members 3,118
of the same political party; 3,119
(B) Three members of the house of representatives, 3,121
appointed by the speaker of the house of representatives, not 3,122
76
more than two of whom may be members of the same political party; 3,123
(C) Three members appointed by the governor, with the 3,125
advice and consent of the senate, not more than two of whom shall 3,126
be members of the same political party, one of whom shall 3,127
represent the state and its employees; one of whom shall 3,128
represent nonstate governments and their employees; AND one of 3,129
whom shall represent educational employers and their employees. 3,130
Terms of the existing members appointed by the governor shall not 3,131
be affected. Terms of office of members appointed by the 3,132
governor shall be for three years, commencing on the first day of 3,133
July and ending on the thirtieth day of June. Each member 3,134
appointed by the governor shall hold office from the date of 3,135
appointment until the end of the term for which the appointment 3,136
was made. Any member appointed by the governor to fill a vacancy 3,138
occurring prior to the expiration of the term for which the 3,139
member's predecessor was appointed shall hold office for the 3,141
remainder of such term. Any member shall continue in office 3,142
subsequent to the expiration date of the member's term until the 3,143
member's successor takes office, or until a period of sixty days 3,145
has elapsed, whichever occurs first.
(D) Five ex officio members as follows: the executive 3,147
director of the public employees retirement system, the executive 3,148
director of the state teachers retirement system, the executive 3,149
director of the school employees retirement system, the executive 3,150
secretary of the OHIO police and firemen's disability and FIRE 3,152
pension fund, and the secretary of the state highway patrol 3,153
retirement board, who shall be nonvoting members. 3,154
A vacancy on the council shall be filled by the person 3,157
qualified to make the original appointment for the unexpired 3,158
term, in the same manner as the original appointment. 3,159
The members of the council who are appointed from the 3,161
membership of the senate and the house of representatives shall 3,162
serve during their terms as members of the general assembly and 3,163
until their successors are appointed and qualified, 3,164
77
notwithstanding the adjournment of the general assembly of which 3,165
they are members or the expiration of their terms as members of 3,166
such general assembly. 3,167
Sec. 171.03. The Ohio retirement study council may: 3,176
(A) Appoint a director to manage and direct the duties of 3,178
the staff of the council. The director shall be a person who has 3,181
had training and experience in areas related to the duties of the 3,182
council.
(B) Appoint such professional, technical, and clerical 3,184
employees as are necessary, and employ or hire on a consulting 3,185
basis such actuarial, legal, investment, or other technical 3,186
services required for the performance of its duties; 3,187
(C) Fix the compensation of the director and all other 3,189
employees of the council. The employees of the council shall be 3,192
members of the public employees retirement system;.
(D) Require the public employees retirement board, the 3,194
state teachers retirement board, the school employees retirement 3,195
board, the state highway patrol retirement system, the OHIO 3,196
police and firemen's disability and FIRE pension fund, and any 3,198
agency or official of this state or its political subdivisions to 3,200
provide it with any information necessary to carry out its 3,201
duties;
(E) Administer oaths and hold public hearings at such 3,203
times and places within the state as may be necessary to 3,204
accomplish the purposes and intent of Chapter 171. of the Revised 3,205
Code. 3,206
Sec. 171.05. The compensation of all employees of the Ohio 3,215
retirement study council and other expenses of the council shall 3,217
be paid upon vouchers approved by the director and the
chairperson of the council. 3,218
The public employees retirement system, state teachers 3,220
retirement system, school employees retirement system, state 3,222
highway patrol retirement system, and OHIO police and firemen's 3,223
disability and FIRE pension fund shall pay the annual expenses of 3,224
78
the council. The council shall prepare and submit to the 3,226
retirement boards on or before the thirtieth day of June of each 3,227
year an itemized estimate of the amounts necessary to pay the 3,228
expenses of the council during the following year. Such expenses 3,230
shall be charged to and paid by each of the retirement systems in 3,231
the same ratio as the assets of each system, as of the preceding 3,232
January first, bear to the total assets of all five systems on 3,233
that date.
The council shall establish policies and procedures for 3,235
purchasing goods and services on a competitive basis and 3,236
maintaining tangible personal property. The policies and 3,237
procedures shall be designed to safeguard the use of funds 3,238
received by the council. An audit performed under Chapter 117. 3,239
of the Revised Code shall include a determination of the
council's compliance with the policies and procedures. 3,240
The council is not subject to Chapters 123., 124., 125., 3,242
126., and 127. of the Revised Code. 3,243
The treasurer of state shall be the custodian of all funds 3,245
of the council. 3,246
Sec. 175.09. (A) All bonds issued under this chapter are 3,255
lawful investments of banks, societies for savings, savings and 3,256
loan associations, deposit guarantee associations, trust 3,257
companies, trustees, fiduciaries, insurance companies, including 3,258
domestic for life and domestic not for life, trustees or other 3,259
officers having charge of sinking and bond retirement or other 3,260
special funds of political subdivisions and taxing districts of 3,261
this state, the commissioners of the sinking fund of the state, 3,262
the administrator of workers' compensation, the state teachers 3,263
retirement system, the public employees retirement system, the 3,264
school employees retirement system, and the OHIO police and 3,265
firemen's disability and FIRE pension fund, notwithstanding any 3,266
other provision of the Revised Code or rules adopted pursuant 3,268
thereto by any governmental agency of the state with respect to 3,269
investments by them, and are acceptable as security for the 3,270
79
deposit of public moneys. 3,271
(B) The exercise of the powers granted by this chapter 3,273
will be in all respects for the benefit of the people of the 3,274
state, for the improvement of their health, safety, convenience, 3,275
and economic welfare, and for the enhancement of the 3,276
opportunities for safe and sanitary housing and is a public 3,277
purpose. The programs undertaken by the Ohio housing finance 3,278
agency constitute the performance of essential public functions, 3,279
and the bonds issued under this chapter, their transfer, and the 3,280
income therefrom, including any profit made on the sale thereof, 3,281
is at all times free from taxation within the state. 3,282
Sec. 306.09. (A) The board of county commissioners, on 3,291
its own initiative if it operates a county transit system or at 3,293
the request of the county transit board if one is appointed, may 3,294
issue bonds of the county pursuant to Chapter 133. of the Revised
Code, for the purpose of purchasing, acquiring, constructing, 3,295
enlarging, and improving the county transit system. 3,296
(B) The board of county commissioners operating a transit 3,298
system or a county transit board, with the approval of the county 3,299
commissioners, may issue revenue bonds of the county for the 3,300
purpose of purchasing, acquiring, constructing, enlarging, and 3,301
improving the county transit system. The issuing board shall 3,303
provide by resolution for the issuance of such bonds. The
principal, interest, and all other payments required to be made 3,304
by any trust agreement or indenture securing such bonds shall be 3,305
payable, as provided in such resolution, solely from the revenues 3,306
or other income of the county transit system. Bonds may be 3,307
issued at one time or from time to time and each issue shall be 3,308
dated, bear interest, mature at such time or times not exceeding 3,309
forty years from the date of issue, and be redeemable before 3,310
maturity at the option of the board at such price or prices and 3,311
under such terms and conditions as may be provided by the board 3,312
in its resolution. The board shall determine the form of the 3,314
bonds and any coupons pertaining thereto, fix their 3,315
80
denominations, and establish within or without this state the 3,316
place or places of payment of principal and interest. The 3,317
resolution shall determine the method of execution of such bonds, 3,318
provide for sale of the bonds at public or private sale as the 3,319
board determines most advantageous and for such prices, above or 3,320
below the par value thereof, as the board determines or within 3,321
such limit or limits as it may fix.
Where a transit board is appointed, if any member of the 3,324
county transit board or officer of the county transit system who 3,325
has signed bonds or coupons pertaining thereto or caused his THE 3,326
MEMBER'S OR OFFICER'S facsimile signature to be affixed thereto 3,327
ceases to be a member or officer before such bonds or coupons 3,328
have been delivered, such bonds or coupons may be issued and 3,329
delivered as though the person who had signed the bonds or 3,330
coupons or caused his THE PERSON'S facsimile signature to be 3,331
affixed thereto had not ceased to be a member or officer. Bonds 3,333
or coupons may be executed on behalf of the county by a member of 3,334
the county transit board or officer of the county transit system 3,335
who is a member or officer on the date of execution, although 3,336
such person was not a member or officer on the date of such bonds 3,337
or coupons.
All bonds issued under authority of this section have all 3,339
qualities and incidents of negotiable instruments, subject to 3,340
provisions for registration, and may be issued in coupon or fully 3,341
registered form, or both, as the board provides. Provision may 3,342
be made for the registration of any coupon bonds as to principal 3,343
alone or as to both principal and interest and for the conversion 3,344
into fully registered bonds of coupon bonds, and into coupon 3,345
bonds of any fully registered bond or bonds registered as to both 3,346
principal and interest. 3,347
(C) The proceedings authorizing issuance of revenue bonds 3,349
pursuant to division (B) of this section may contain provisions 3,350
that shall be a part of the contract with the bondholders as to: 3,351
(1) Pledging the rates, revenues, and other income, 3,353
81
charges, and moneys therein designated for the payment of the 3,354
principal of and interest on the bonds and all other payments 3,355
required to be made by the bond proceedings; 3,356
(2) Provisions regarding the purposes to which the 3,358
proceeds of the bonds may be applied; 3,359
(3) Terms of the bonds; 3,361
(4) Maintenance, collection, use, and disposition of 3,363
rates, revenues, and other income, charges, and moneys received 3,364
from the operation or disposition of the county transit system; 3,365
(5) Terms and conditions under which additional bonds may 3,367
be issued secured by a pledge of rates, revenues, and other 3,368
income, charges, and moneys received from the operation or 3,369
disposition of the county transit system; 3,370
(6) Terms of any trust agreement or indenture of mortgage 3,372
securing the bonds, including authorization for the county 3,373
transit board to enter into such agreement or indenture on behalf 3,374
of the county and with a corporate trustee which may be any trust 3,375
company or bank having the powers of a trust company within or 3,376
without this state; 3,377
(7) The deposit, application, safeguarding, and investment 3,379
of funds of the county transit board or board of county 3,380
commissioers COMMISSIONERS received or held under such trust 3,382
agreement or indenture to which the provisions of Chapters 131. 3,383
and 135. of the Revised Code are not applicable;
(8) Any other appropriate agreements with the bondholders 3,385
with respect to the rates, revenues, and other income, charges, 3,386
and moneys received from the operation or disposition of the 3,387
county transit system; 3,388
(9) Other provisions that are customary or appropriate in 3,390
an agreement or indenture of such type, including but not limited 3,391
to: 3,392
(a) Mortgage or any real estate or interest therein 3,394
acquired from the proceeds of such bonds; 3,395
(b) Covenant to maintain each pledge, trust agreement, and 3,397
82
indenture of mortgage made for the security of any bonds until 3,398
the principal of and interest on the bonds has been fully paid, 3,399
or provision therefor has been made, for the security of which 3,400
the pledge has been made and the trust agreement or the indenture 3,401
of mortgage has been given; 3,402
(c) In the event of default in any payments required to be 3,404
made or any other agreement made as a part of the contract under 3,405
which the bonds are issued, enforcement of such payments or 3,406
agreement by mandamus, the appointment of a receiver in equity, 3,407
or, if a mortgage has been given, the foreclosure of such 3,408
mortgage, or any combination of the foregoing; 3,409
(d) The rights and remedies of the bondholders and of the 3,411
trustee and provisions for protecting and enforcing them, 3,412
including limitations on rights of individual bondholders; 3,413
(e) Such other provisions as the trustee, the original 3,415
purchaser of the bonds, and the board of county commissioners or 3,416
county transit board agree upon. 3,417
(D) Any holder of bonds issued pursuant to division (B) of 3,419
this section or a trustee under a trust agreement or indenture of 3,420
mortgage entered into pursuant to division (C)(6) of this 3,421
section, except to the extent that their rights are restricted by 3,422
the bond proceedings or the terms of the bonds, may by any 3,423
suitable form of legal proceedings, protect and enforce any 3,424
rights under the laws of this state or granted by the bond 3,425
proceedings. Such rights include the right: 3,426
(1) to TO compel the performance of all duties of the 3,428
county transit board or board of county commissioners required by 3,430
sections 306.01 to 306.13 of the Revised Code, or the bond 3,431
proceedings;
(2) to TO enjoin unlawful activities; 3,433
(3) in IN the event of default in the payment of any 3,435
principal or interest on any bond or in the performance of any 3,437
covenant or agreement on the part of the county transit board or 3,438
board of county commissioners in the resolution, trust agreement, 3,439
83
or indenture, to apply to a court to appoint a receiver to 3,440
administer and operate the county transit system, the rates, 3,441
revenues, and other income, charges, and moneys of which are 3,442
pledged to the payment of and interest on such bonds, or which 3,443
are the subject of the covenant or agreement, with full power to 3,444
pay and to provide for payment of principal and interest on such 3,445
bonds, and with such powers subject to the direction of the court 3,446
as are accorded receivers in general equity cases, excluding any 3,447
power to pledge additional rates, revenues, or other income, 3,448
charges, or moneys of the county, including those derived from 3,449
taxation, to the payment of such principal and interest; 3,450
(4) to TO foreclose the mortgage on any real estate or 3,452
interest therein which has been mortgaged, in the same manner as 3,453
real estate of private corporations. 3,454
(E) Bonds issued pursuant to division (B) of section 3,456
306.09 and to section 306.10 of the Revised Code are lawful 3,457
investments of banks, societies for savings, savings and loan 3,458
associations, deposit guaranty associations, trust companies, 3,459
trustees, fiduciaries, insurance companies, including domestic 3,460
for life and domestic not for life, trustees or other officers 3,461
having charge of sinking and bond retirement or other special 3,462
funds of political subdivisions and taxing districts of this 3,463
state, the commissioners of the sinking fund of the state, the 3,464
administrator of workers' compensation, the state teachers 3,465
retirement system, the public employees retirement system, the 3,466
school employees retirement system, and the OHIO police and 3,467
firemen's disability and FIRE pension fund, and are acceptable as 3,469
security for the deposit of public moneys. 3,470
Sec. 306.85. Bonds of a regional transit commission are 3,479
lawful investments of banks, savings banks, mutual savings banks, 3,480
trust companies, savings and loan associations, deposit guaranty 3,481
associations, bond retirement funds or sinking funds of municipal 3,482
corporations, boards of education, regional transit commissions, 3,483
counties, the administrator of workers' compensation, state
84
teachers retirement system, public school employees retirement 3,485
system, public employees retirement system, OHIO police and 3,487
firemen's disability and FIRE pension fund, and domestic 3,489
insurance companies for life and other than life, and are 3,490
acceptable as security for the deposit of public moneys.
Sec. 351.11. Convention facilities authority bonds and 3,499
notes issued under this chapter are lawful investments of banks, 3,500
societies for savings, trust companies, savings and loan 3,501
associations, trustees, fiduciaries, trustees or other officers 3,502
having charge of the bond retirement funds or sinking funds of 3,503
municipal corporations, boards of education, port authorities, 3,504
and counties and political subdivisions and taxing districts of 3,505
this state, the commissioners of the sinking fund of this state, 3,506
the administrator of workers' compensation, the retirement boards 3,508
of the state teachers retirement system, the school employees 3,509
retirement system, the public employees retirement system, and 3,510
the OHIO police and firemen's disability and FIRE pension fund, 3,511
and of insurance companies, including domestic life insurance 3,513
companies and domestic insurance companies other than life, and
are acceptable as security for the deposit of public moneys. 3,514
Sec. 505.38. (A) In each township or fire district that 3,523
has a fire department, the head of such department shall be a 3,524
fire chief, appointed by the board of township trustees, except 3,525
that in a joint fire district the fire chief shall be appointed 3,526
by the board of fire district trustees. The board shall provide 3,527
for the employment of such firefighters as it considers best, and 3,529
shall fix their compensation. No person shall be appointed as a 3,530
permanent full-time paid member, whose duties include
firefighting, of the fire department of any township or fire 3,531
district unless such person has received a certificate issued 3,532
under former section 3303.07 or section 4765.55 of the Revised 3,533
Code evidencing satisfactory completion of a firefighter training 3,535
program. Such appointees shall continue in office until removed
therefrom as provided by sections 733.35 to 733.39 of the Revised 3,537
85
Code. To initiate removal proceedings, and for such purpose, the 3,538
board shall designate the fire chief or a private citizen to 3,539
investigate the conduct and prepare the necessary charges in 3,540
conformity with sections 733.35 to 733.39 of the Revised Code. 3,541
In case of the removal of a fire chief or any member of the 3,543
fire department of a township or district, an appeal may be had 3,544
from the decision of the board to the court of common pleas of 3,545
the county in which such township or district fire department is 3,546
situated, to determine the sufficiency of the cause of removal. 3,547
Such appeal from the findings of the board shall be taken within 3,548
ten days. 3,549
No person who is appointed as a volunteer firefighter of 3,552
the fire department of any township or fire district after July 3,553
1, 1979, shall remain in such a position unless either of the
following applies: 3,554
(1) Within one year of the appointment the person has 3,557
received a certificate issued under former section 3303.07 of the 3,559
Revised Code or division (C)(1) or (2) of section 4765.55 of the 3,560
Revised Code evidencing satisfactory completion of a firefighter 3,562
training program.
(2) The person began serving as a permanent full-time paid 3,564
firefighter with the fire department of a city or village prior 3,566
to July 2, 1970, or as a volunteer firefighter with the fire 3,567
department of a city, village, or other township or fire district 3,568
prior to July 2, 1979, and receives a certificate issued under 3,569
division (C)(3) of section 4765.55 of the Revised Code. 3,571
No person shall receive an appointment under this section 3,573
after July 1, 1979, in the case of a volunteer firefighter, 3,575
unless the person has, not more than sixty days prior to 3,576
receiving such appointment, passed a physical examination, given 3,577
by a licensed physician, showing that the person meets the 3,578
physical requirements necessary to perform the duties of the 3,579
position to which the person is appointed as established by the 3,580
board of township trustees having jurisdiction over the 3,581
86
appointment. The appointing authority shall, prior to making any 3,582
such appointment, file with the OHIO police and firemen's 3,584
disability and FIRE pension fund or the local volunteer firemen's 3,585
FIRE FIGHTERS' dependents fund board a copy of the report or 3,587
findings of said licensed physician. The professional fee for 3,588
such physical examination shall be paid for by the board of 3,589
township trustees. 3,590
(B) In each township not having a fire department, the 3,592
board of trustees shall appoint a fire prevention officer who 3,593
shall exercise all of the duties of a fire chief except those 3,594
involving the maintenance and operation of fire apparatus. The 3,595
board of township trustees may appoint one or more deputy fire 3,596
prevention officers, who shall exercise the duties assigned by 3,597
the fire prevention officer. 3,598
The board of trustees may fix such compensation for the 3,600
fire prevention officer and the fire prevention officer's 3,602
deputies as it considers best. The board of trustees shall 3,603
appoint each fire prevention officer and deputy for a one-year 3,604
term. An appointee may be reappointed at the end of a term to 3,605
another one-year term. Any appointee may be removed from office 3,606
during a term as provided by sections 733.35 to 733.39 of the 3,607
Revised Code. The provisions of section 505.45 of the Revised 3,608
Code extend to such officers.
(C) Division (A) of this section shall not apply to any 3,610
township having a population of ten thousand or more persons 3,611
residing within the township and outside of any municipal 3,612
corporation, which has its own fire department employing ten or 3,613
more full-time paid employees, and which has a civil service 3,614
commission established under division (B) of section 124.40 of 3,615
the Revised Code. Such township shall comply with the procedures 3,616
for the employment, promotion, and discharge of firefighters 3,618
provided by Chapter 124. of the Revised Code, except that the 3,619
board of township trustees of the township may appoint the fire
chief, and any person so appointed shall be in the unclassified 3,620
87
service under section 124.11 of the Revised Code and shall serve 3,621
at the pleasure of the board. A person appointed fire chief 3,622
under these conditions who is removed by the board or who resigns 3,623
from the position is entitled to return to the classified service 3,624
in the township fire department, in the position held just prior 3,626
to the appointment as fire chief. The board of township trustees 3,627
shall determine the number of personnel required and establish 3,628
salary schedules and conditions of employment not in conflict 3,629
with Chapter 124. of the Revised Code. No person shall receive 3,630
an original appointment as a permanent full-time paid member of 3,631
the fire department of such a township unless the person has 3,632
received a certificate issued under former section 3303.07 or 3,633
section 4765.55 of the Revised Code evidencing the satisfactory 3,634
completion of a firefighter training program. Persons employed 3,635
as firefighters in such township on the date a civil service 3,637
commission is appointed pursuant to division (B) of section 3,638
124.40 of the Revised Code shall, without being required to pass 3,639
a competitive examination or a firefighter training program, 3,640
retain their employment and any rank previously granted them by 3,641
action of the township trustees or otherwise, but such persons 3,642
are eligible for promotion only by compliance with Chapter 124. 3,643
of the Revised Code.
Sec. 709.012. When a municipal corporation annexes 3,652
township territory which results in a reduction of the 3,653
firefighting force of the township or joint township fire 3,654
district, the reduction shall be made by dismissal of firemen 3,655
FIREFIGHTERS in the inverse order of seniority, with the employee 3,656
with least time of service being dismissed first. The annexing 3,658
municipal corporation shall offer employment in the inverse order 3,659
of dismissal by the township to such firemen FIREFIGHTERS if a 3,660
vacancy exists in the municipal fire department and if they: 3,662
(A) Were full-time paid active members of the township or 3,664
joint township firefighting force for at least six months prior 3,665
to dismissal and have made application to the municipal 3,666
88
corporation within sixty days after the effective date of 3,667
dismissal; 3,668
(B) Have passed a physical examination as prescribed by 3,670
the physician of the annexing municipal corporation and meet the 3,671
requirements necessary to perform firefighting duties; 3,672
(C) Meet minimum standards of the municipal corporation 3,674
with respect to moral character, literacy, and ability to 3,675
understand oral and written instructions as determined by an 3,676
interview conducted by the fire department of the municipal 3,677
corporation. The applicant shall be at least twenty-one years of 3,678
age on the date of his application. 3,679
(D) Are able to qualify for membership in the OHIO police 3,681
and firemen's disability and FIRE pension fund. 3,682
If no vacancy exists in the municipal fire department at 3,684
the time of the application referred to in division (A) of this 3,685
section, the application shall be held until a vacancy occurs. 3,686
When such a vacancy occurs, the applicant shall be entitled to 3,687
employment in accordance with the requirements of divisions (A), 3,688
(B), (C), and (D) of this section. So long as any application 3,689
for employment has been made and is being held under this 3,690
section, the municipal corporation shall not fill any vacancy in 3,691
its fire department by original appointment. If there are 3,692
individuals who are entitled to reinstatement in the municipal 3,693
fire department and the vacancies therein are insufficient to 3,694
permit both such reinstatements and employment of all those 3,695
applying for employment under division (A) of this section, the 3,696
persons having the greatest length of service, whether with the 3,697
municipal or township fire department, shall be entitled to fill 3,698
the vacancies as they occur. 3,699
A person employed under this section, upon his acceptance 3,701
into the municipal fire department, shall be given the rank of 3,702
"firefighter" and entitled to full seniority credit for his prior 3,703
service in the township or joint township fire district. He THE 3,704
PERSON shall be entitled to the same salary, future benefits, 3,705
89
vacations, earned time, sick leave, and other rights and 3,706
privileges as the municipal fire department extends to other 3,707
employees with the same amount of prior service. He THE PERSON 3,708
may take promotional examinations only after completion of one 3,710
year of service with the municipal fire department and after 3,711
meeting any applicable civil service requirements for such 3,712
examination.
Compliance with this section is in lieu of compliance with 3,714
section 124.42 of the Revised Code or any other requirements for 3,715
original appointment to a municipal fire district. 3,716
Sec. 717.07. (A) A municipal corporation may enter into 3,725
an agreement with the board of trustees of the OHIO police and 3,727
firemen's disability and FIRE pension fund in accordance with 3,729
section 742.30 of the Revised Code. The legislative authority of 3,730
a municipal corporation may issue securities under Section 3 of
Article XVIII, Ohio Constitution, or under Chapter 133. of the 3,731
Revised Code, including Chapter 133. special obligation 3,732
securities that pledge taxes, other than ad valorem property 3,733
taxes, or other revenues for the purpose of providing some or all 3,734
of the funds required to satisfy the municipal corporation's 3,735
obligation under the agreement. 3,736
(B) A municipal corporation may enter into an agreement 3,738
with one or more other municipal corporations or townships to 3,739
issue on behalf of those municipal corporations or townships the 3,741
securities described in division (A) of this section. The 3,743
agreement may authorize the municipal corporation issuing the
securities to appoint one or more fiscal agents to perform any 3,744
functions necessary to carry out an agreement entered into under 3,745
this division.
Sec. 737.15. Each village shall have a marshal, designated 3,754
chief of police, appointed by the mayor with the advice and 3,755
consent of the legislative authority of the village, who need not 3,756
be a resident of the village at the time of his appointment but 3,757
shall become a resident thereof within six months after his 3,758
90
appointment by the mayor and confirmation by the legislative 3,759
authority unless such residence requirement is waived by 3,760
ordinance, and who shall continue in office until removed 3,761
therefrom as provided by section 737.171 of the Revised Code. 3,762
No person shall receive an appointment under this section 3,764
after January 1, 1970, unless, not more than sixty days prior to 3,765
receiving such appointment, he THE PERSON has passed a physical 3,766
examination, given by a licensed physician, showing that he THE 3,768
PERSON meets the physical requirements necessary to perform the 3,770
duties of village marshal as established by the legislative 3,771
authority of the village. The appointing authority shall, prior 3,772
to making any such appointment, file with the OHIO police and 3,773
firemen's disability and FIRE pension fund a copy of the report 3,775
or findings of said licensed physician. The professional fee for 3,776
such physical examination shall be paid for by such legislative 3,777
authority.
Sec. 737.16. The mayor shall, when provided for by the 3,786
legislative authority of a village, and subject to its 3,787
confirmation, appoint all deputy marshals, policemen POLICE 3,788
OFFICERS, night watchmen GUARDS, and special policemen POLICE 3,790
OFFICERS. All such officers shall continue in office until 3,791
removed therefrom for the cause and in the manner provided by 3,793
section 737.19 of the Revised Code.
No person shall receive an appointment under this section 3,795
after January 1, 1970, unless he THE PERSON has, not more than 3,796
sixty days prior to receiving such appointment, passed a physical 3,798
examination, given by a licensed physician, showing that he THE 3,799
PERSON meets the physical requirements necessary to perform the 3,800
duties of the position to which he THE PERSON is to be appointed 3,801
as established by the legislative authority of the village. The 3,803
appointing authority shall, prior to making any such appointment, 3,804
file with the OHIO police and firemen's disability and FIRE 3,806
pension fund a copy of the report or findings of said licensed 3,808
physician. The professional fee for such physical examination 3,809
91
shall be paid for by the legislative authority. 3,810
Sec. 737.22. (A) Each village establishing a fire 3,819
department shall have a fire chief as the head thereof, appointed 3,820
by the mayor with the advice and consent of the legislative 3,821
authority of the village, who shall continue in office until 3,822
removed therefrom as provided by sections 733.35 to 733.39 of the 3,823
Revised Code.
In each village not having a fire department, the mayor 3,825
shall, with the advice and consent of the legislative authority 3,826
of the village, appoint a fire prevention officer who shall 3,827
exercise all of the duties of a fire chief except those involving 3,828
the maintenance and operation of fire apparatus. 3,829
The legislative authority of the village may fix such 3,831
compensation as it deems best. Such appointee shall continue in 3,832
office until removed therefrom as provided by such sections. The 3,833
provisions of section 737.23 of the Revised Code shall extend to 3,834
such officer. 3,835
(B) The legislative authority of the village may provide 3,837
for the appointment of permanent full-time paid firefighters as 3,839
it deems best and fix their compensation, or for the services of 3,841
volunteer firefighters, who shall be appointed by the mayor with 3,843
the advice and consent of the legislative authority, and shall 3,844
continue in office until removed therefrom. 3,845
(1) No person shall be appointed as a permanent full-time 3,848
paid firefighter of a village fire department unless either of 3,849
the following applies:
(a) The person has received a certificate issued under 3,852
former section 3303.07 of the Revised Code or division (C)(1) or
(2) of section 4765.55 of the Revised Code evidencing 3,853
satisfactory completion of a firefighter training program; 3,854
(b) The person began serving as a permanent full-time paid 3,857
firefighter with the fire department of a city or other village 3,858
prior to July 2, 1970, and receives a certificate issued under 3,859
division (C)(3) of section 4765.55 of the Revised Code. 3,860
92
(2) No person who is appointed as a volunteer firefighter 3,863
of a village fire department after July 1, 1979, shall remain in 3,864
such a position, unless either of the following applies: 3,865
(a) Within one year of the appointment the person has 3,868
received a certificate issued under former section 3303.07 or 3,869
section 4765.55 of the Revised Code evidencing satisfactory 3,870
completion of a firefighter training program; 3,872
(b) The person has served as a permanent full-time paid 3,875
firefighter with the fire department of a city or other village 3,876
prior to July 2, 1970, or as a volunteer firefighter with the 3,878
fire department of a city, township, fire district, or other 3,879
village prior to July 2, 1979, and receives a certificate issued 3,880
under division (C)(3) of section 4765.55 of the Revised Code. 3,882
(3) No person shall receive an appointment under this 3,884
section after January 1, 1970, and after July 1, 1979, in the 3,885
case of a volunteer firefighter, unless the person has, not more 3,887
than sixty days prior to receiving such appointment, passed a 3,888
physical examination, given by a licensed physician, showing that 3,889
the person meets the physical requirements necessary to perform 3,890
the duties of the position to which the person is to be appointed 3,891
as established by the legislative authority of the village. The 3,893
appointing authority shall, prior to making any such appointment, 3,894
file with the OHIO police and firemen's disability and FIRE 3,896
pension fund or the local volunteer firemen's FIRE FIGHTERS' 3,897
dependents fund board a copy of the report or findings of said 3,899
licensed physician. The professional fee for such physical 3,900
examination shall be paid for by such legislative authority. 3,901
Sec. 742.01. As used in this chapter: 3,910
(A)(1) "Police department" means the police department of 3,912
a municipal corporation. 3,913
(2) "Member of a police department" means any of the 3,915
following: 3,916
(a) Any person who receives an original appointment as a 3,918
full-time regular police officer in a police department from a 3,919
93
duly established civil service eligible list or pursuant to 3,920
section 124.411 of the Revised Code, or who is described in 3,921
section 742.511 of the Revised Code, or who transfers from the 3,922
public employees retirement system to the OHIO police and 3,923
firemen's disability and FIRE pension fund pursuant to section 3,925
742.513 OF THE REVISED CODE, or who is appointed pursuant to 3,926
section 737.15 or 737.16 of the Revised Code as a full-time 3,929
regular police officer and is paid solely out of public funds of 3,930
the employing municipal corporation;
(b) Any person who, on October 1, 1965, was contributing 3,932
four per cent of the person's annual salary to a police relief 3,934
and pension fund established under former section 741.32 of the
Revised Code; 3,935
(c) Any person who commences employment on or after the 3,938
effective date of this amendment SEPTEMBER 16, 1998, as a 3,939
full-time police officer with a police department in a position 3,940
in which the person is required to satisfactorily complete a 3,941
peace officer training course in compliance with section 109.77 3,942
of the Revised Code. 3,943
(B)(1) "Fire department" means a fire department of the 3,945
state or an instrumentality of the state or of a municipal 3,946
corporation, township, joint fire district, or other political 3,947
subdivision. 3,948
(2) "Member of a fire department" means all of the 3,950
following: 3,951
(a) Any person who commences employment after November 8, 3,953
1990, as a full-time firefighter with a fire department, in a 3,955
position in which the person is required to satisfactorily 3,956
complete or have satisfactorily completed a firefighter training 3,958
course approved under former section 3303.07 or section 4765.55 3,959
or conducted under section 3737.33 of the Revised Code; 3,960
(b) Any person who has elected under section 742.515 of 3,962
the Revised Code to be transferred from the public employees 3,963
retirement system to the OHIO police and firemen's disability and 3,965
94
FIRE pension fund;
(c) Any full-time firefighter who, on November 8, 1990, is 3,968
a member of the OHIO police and firemen's disability and FIRE 3,969
pension fund.
(C) "Employee" means any person who is a member of a 3,971
police department or a member of a fire department. 3,972
(D) "Employer" means the government entity by which an 3,974
employee is employed and paid. 3,975
(E) "Member of the fund" means any person, except an other 3,977
system retirant as defined in section 742.26 of the Revised Code, 3,978
who is contributing a percentage of the person's annual salary to 3,980
the OHIO police and firemen's disability and FIRE pension fund or 3,982
who is receiving a disability benefit or pension from the fund as 3,983
a result of service in a police or fire department. A person, 3,984
other than an other system retirant, who is contributing a 3,985
percentage of the person's annual salary to the fund and is 3,986
dismissed, resigns, or is granted a leave of absence from a 3,987
police or fire department shall be considered a "member of the 3,988
fund" for a period of twelve months after the first day of the 3,989
dismissal, resignation, or leave of absence, provided the sum 3,991
deducted from the person's salary and credited to the person's 3,993
account in the fund remains on deposit in the fund. 3,994
(F) "Year," for the purpose of determining benefits, means 3,996
any twelve consecutive calendar months of active service as a 3,997
member of the fund, or, in the case of a member whose salary is 3,998
paid weekly or biweekly, fifty-two consecutive weeks of active 3,999
service as a member. 4,000
(G) "Average annual salary" means the highest average 4,002
annual salary of a member of the fund during any three years of 4,003
contributions determined by dividing the member's total salary as 4,005
an employee during the years by three.
(H) "Normal service pension benefit" means the pension 4,007
benefit payable to a member of the fund under division (C)(1) of 4,008
section 742.37 of the Revised Code upon attaining age 4,009
95
forty-eight. 4,010
(I) "Retirement allowance" means the total pension benefit 4,012
or disability benefit to which a member of the fund may be 4,013
entitled under division (C) of section 742.37 or section 742.39 4,015
of the Revised Code. 4,016
(J) "Fiduciary" means a person who does any of the 4,018
following: 4,019
(1) Exercises any discretionary authority or control with 4,021
respect to the management of the system, or with respect to the 4,022
management or disposition of its assets; 4,023
(2) Renders investment advice for a fee, direct or 4,025
indirect, with respect to money or property of the system; 4,026
(3) Has any discretionary authority or responsibility in 4,028
the administration of the system. 4,029
(K) "Terminal pay" means the following payments made by an 4,031
employer to an employee on termination of employment: 4,032
(1) Payments for accrued but unused leave, including sick 4,034
leave, vacation, personal leave, and compensatory time; 4,035
(2) Payments deferred more than one year compensating the 4,037
employee for holidays worked or for longevity; 4,038
(3) Payments for overtime worked that are not included 4,040
either in the payroll for the period in which the overtime is 4,042
worked or for the next subsequent payroll period;
(4) Other payments that are not compensation for services 4,044
rendered in the last pay period in which services were rendered 4,045
and are designated as terminal pay by rule of the board of 4,046
trustees of the OHIO police and firemen's disability and FIRE 4,048
pension fund. The board shall not designate as terminal pay 4,049
payments deferred one year or less compensating an employee for 4,050
holidays worked or for longevity. 4,051
(L)(1) Except as otherwise provided in this division, 4,053
"salary" means all compensation, wages, and other earnings paid 4,054
to an employee by reason of employment, but without regard to 4,055
whether compensation, wages, or other earnings are treated as 4,056
96
deferred income for federal income tax purposes. "Salary" 4,057
includes payments for overtime that are made not later than the 4,058
payroll following the payroll period in which the overtime is 4,059
worked. 4,060
(2) "Salary" does not include any of the following: 4,062
(a) Compensation for services outside the scope of an 4,064
employee's regular employment; 4,065
(b) Reimbursement of expenses; 4,067
(c) Terminal pay; 4,069
(d) Payments for accrued but unused sick leave or personal 4,071
leave, or vacation pay covering periods for which salary, 4,072
compensation, or benefits are paid; 4,073
(e) Payments made under division (B) or (D) of section 4,075
5923.05 of the Revised Code or Section 4 of Substitute Senate 4,077
Bill No. 3 of the 119th general assembly;
(f) Payments made to or on behalf of an employee that are 4,079
in excess of the annual compensation that may be taken into 4,080
account by the fund under division (a)(17) of section 401 of the 4,081
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 4,082
401(a)(17), as amended. 4,083
(3) The board shall determine by rule whether any 4,085
compensation, wages, or earnings not enumerated in this division 4,086
is salary, and its decision shall be final. 4,087
(M) "Actuary" means an individual who satisfies all of the 4,090
following requirements:
(1) Is a member of the American academy of actuaries; 4,093
(2) Is an associate or fellow of the society of actuaries; 4,095
(3) Has a minimum of five years' experience in providing 4,097
actuarial services to public retirement plans. 4,098
Sec. 742.02. There is hereby created a AN OHIO police and 4,108
firemen's disability and FIRE pension fund for the purpose of 4,109
providing disability benefits and pensions to members of the fund 4,110
and their surviving spouses, children, and dependent parents. 4,111
Sec. 742.03. (A) As used in this section and in sections 4,120
97
742.04 and 742.05 of the Revised Code: 4,121
(1) "Police officer" means a member of the fund who is or 4,123
has been an employee of a police department and is not a police 4,124
retirant.
(2) "Firefighter" means a member of the fund who is or has 4,126
been an employee of a fire department and is not a firefighter 4,127
retirant.
(3) "Firefighter retirant" means a member of the fund who 4,129
is receiving an age and service or disability benefit as a result 4,130
of service in a fire department or a surviving spouse of a 4,131
deceased member who is receiving a benefit as a result of the 4,132
deceased member's service in a fire department. 4,133
(4) "Police retirant" means a member of the fund who is 4,135
receiving an age and service or disability benefit as a result of 4,136
service in a police department or a surviving spouse of a 4,137
deceased member who is receiving a benefit as a result of the 4,138
deceased member's service in a police department. 4,139
(B) The administration, control, and management of the 4,142
OHIO police and firemen's disability and FIRE pension fund, 4,143
created under section 742.02 of the Revised Code, is vested in a 4,144
board of trustees of the OHIO police and firemen's disability and 4,146
FIRE pension fund, which shall consist of nine members as 4,147
follows:
(1) The attorney general; 4,149
(2) The auditor of state; 4,151
(3) The fiscal officer of a municipal corporation who 4,153
shall be appointed by the governor. This member's term shall be 4,154
for three years, commencing on the fourth day of June and ending 4,155
on the third day of June. The fiscal officer member shall hold 4,156
office from the date of appointment until the end of the term for 4,158
which appointed. Any fiscal officer member appointed to fill a 4,159
vacancy occurring prior to the expiration of the term for which 4,160
the fiscal officer member's predecessor was appointed shall hold 4,161
office for the remainder of such term. Any fiscal officer member 4,162
98
shall continue in office subsequent to the expiration date of the 4,163
fiscal officer member's term until such member's successor takes 4,165
office, or until a period of sixty days has elapsed, whichever 4,166
occurs first.
(4) Four members known as employee members. 4,168
Two employee members shall be police officers elected by 4,170
police officers. Two employee members shall be firefighters 4,171
elected by firefighters. Employee members of the board shall be 4,172
elected for terms of four years as provided by section 742.04 of 4,173
the Revised Code.
(5) One member known as the firefighter retirant member, 4,175
who shall be a resident of this state elected by the firefighter 4,176
retirants. The firefighter retirant member shall be elected for 4,177
a term of four years as provided by section 742.04 of the Revised 4,178
Code.
(6) One member known as the police retirant member, who 4,180
shall be a resident of this state elected by the police 4,181
retirants. The police retirant member shall be elected for a 4,182
term of four years as provided by section 742.04 of the Revised 4,183
Code.
(C) No employee member of the board who retires while a 4,185
member of the board shall be eligible to become a retirant member 4,186
for three years after the date of the member's retirement. 4,187
Sec. 742.04. As used in this section, "county" means the 4,196
county of residence of an individual who signs a nominating 4,197
petition.
Election of the employee members, firefighter retirant 4,200
member, and police retirant member of the board of trustees of 4,201
the OHIO police and firemen's disability and FIRE pension fund 4,202
shall be under the supervision and direction of the board. 4,203
Nominating petitions for candidates for an employee member 4,205
of the board elected by police officers shall be signed by at 4,206
least one hundred police officers, with at least twenty signers 4,208
from each of at least five counties of the state. 4,209
99
Nominating petitions for candidates for an employee member 4,211
of the board elected by firefighters shall be signed by at least 4,212
one hundred firefighters, with at least twenty signers from each 4,214
of at least five counties of the state.
Nominating petitions for candidates for an employee member 4,216
of the board shall be filed in the office of the board not later 4,217
than four p.m. on the first Monday in April preceding the date of 4,218
the expiration of the term of the employee member of the board 4,219
whose successor is to be elected. 4,220
The board shall determine the sufficiency of the nominating 4,222
petitions filed with it and the board's decision shall be final. 4,223
The board shall cause ballots to be prepared for the 4,225
election of employee members of the board which shall contain the 4,226
names of all candidates for whom proper nominating petitions have 4,227
been filed with the board. 4,228
A police officer or firefighter is eligible to vote in an 4,230
election if the police officer or firefighter is a member of the 4,231
fund on the first Monday in March preceding the date of the 4,233
expiration of the term of the employee member of the board whose 4,234
successor is to be elected. The board shall determine whether a 4,235
member of the fund is eligible to vote at an election and its 4,237
decision shall be final.
On or before the first Monday in May preceding the date of 4,239
the expiration of the term of the employee member of the board 4,240
whose successor is to be elected, the board shall cause ballots 4,241
to be sent to each member of the fund who is eligible to vote at 4,242
such election to the address of such member as shown on the 4,243
records of the board. 4,244
Ballots shall be returned to the board not later than the 4,246
third Tuesday in May following the date that the ballots were 4,247
mailed to the members of the fund eligible to vote at such 4,248
election. 4,249
The board shall cause the ballots to be counted and shall 4,251
declare the person receiving the highest number of votes elected 4,252
100
as an employee member of the board for a term of four years 4,253
beginning on the first Monday in June following such election. 4,254
Nominating petitions for candidates for the police retirant 4,256
member of the board shall be signed by at least fifty police 4,258
retirants, with at least ten signers from at least five counties 4,259
of the state.
Nominating petitions for candidates for the firefighter 4,261
retirant member of the board shall be signed by at least fifty 4,263
firefighter retirants, with at least ten signers from at least 4,264
five counties of the state.
Nominating petitions for candidates for the retirant 4,266
members of the board shall be filed in the office of the board 4,267
not later than four p.m. on the first Monday in April preceding 4,268
the date of the expiration of the term of the retirant member of 4,269
the board whose successor is to be elected. 4,270
The board shall determine the sufficiency of the nominating 4,272
petitions filed with it, and the board's decision shall be final. 4,273
The board shall cause ballots to be prepared for the 4,275
election of these board members which shall contain the names of 4,277
all candidates for whom proper nominating petitions have been 4,278
filed with the board.
A retirant is eligible to vote in an election if the 4,280
retirant is a police retirant or firefighter retirant on the 4,281
first Monday in April preceding the date of the expiration of the 4,284
term of the retirant member of the board whose successor is to be 4,285
elected. The board shall determine whether a police retirant or 4,286
firefighter retirant is eligible to vote at an election and its 4,287
decision shall be final.
On or before the first Monday in May preceding the date of 4,289
the expiration of the term of a retirant member of the board 4,290
whose successor is to be elected, the board shall cause ballots 4,291
to be sent to each person who is eligible to vote in the election 4,292
to the address of the person as shown on the records of the 4,293
board. 4,294
101
Ballots shall be returned to the board not later than the 4,296
third Tuesday in May following the date that the ballots were 4,297
mailed to the persons eligible to vote in the election. 4,298
The board shall cause the ballots to be counted and shall 4,300
declare the person receiving the highest number of votes elected 4,301
as the police retirant member or the firefighter retirant member 4,303
of the board for a term of four years beginning on the first 4,304
Monday in June following the election.
Sec. 742.05. Any vacancy occurring in the term of a member 4,313
of the board of trustees of the OHIO police and firemen's 4,314
disability and FIRE pension fund who is the fiscal officer of a 4,316
municipal corporation shall be filled by appointment by the
governor for the unexpired term of such member. 4,317
Any vacancy occurring in the term of an employee member of 4,319
the board shall be filled by the remaining employee members and 4,320
the retirant members of the board for the unexpired term of such 4,322
member.
Any vacancy occurring in the term of a retirant member of 4,324
the board shall be filled by the employee members and the 4,325
remaining retirant member of the board for the unexpired term. 4,326
If a member of the board who is the fiscal officer of a 4,328
municipal corporation ceases to be a fiscal officer of a 4,329
municipal corporation, a vacancy shall exist. 4,330
If an employee member of the board ceases to be a member of 4,332
the fund, a vacancy shall exist. 4,334
If as a result of changed circumstances a retirant member 4,336
no longer qualifies for membership on the board as a retirant 4,338
member, a vacancy shall exist.
Any employee or retirant member of the board or member of 4,340
the board who is the fiscal officer of a municipal corporation 4,341
who fails to attend three consecutive meetings of the board, 4,342
without valid excuse, shall be considered as having resigned from 4,343
the board and the board shall declare the member's office vacated 4,345
and as of the date of the adoption of a proper resolution a
102
vacancy shall exist. 4,346
Sec. 742.06. Each member of the board of trustees of the 4,355
OHIO police and firemen's disability and FIRE pension fund, 4,357
before entering upon his THE MEMBER'S official duties, shall take 4,359
and subscribe to an oath of affirmation that he THE MEMBER will 4,360
support the constitution of the United States, the constitution
of the state of Ohio, and that he THE MEMBER will honestly, 4,361
faithfully, and impartially perform the duties of his THE 4,362
MEMBER'S office. Such oath or affirmation shall be filed in the 4,364
office of the secretary of state.
Sec. 742.07. Within three months after all of the first 4,373
appointed members of the board of trustees of the OHIO police and 4,374
firemen's disability and FIRE pension fund have been appointed 4,376
and qualified, the governor shall call the first meeting of the 4,377
board, and thereafter meetings of the board shall be called in
such manner and at such times as the board prescribes, provided, 4,378
that the board shall meet at least four times annually. All 4,379
meetings of the board shall be open to the public except 4,380
executive sessions as set forth in division (G) of section 121.22 4,381
of the Revised Code, and any portions of any sessions discussing 4,382
medical records or the degree of disability of a member excluded
from public inspection by section 742.41 of the Revised Code. 4,383
At its first meeting the board shall organize by electing 4,385
from its membership a chairman CHAIRPERSON and a vice-chairman 4,386
VICE-CHAIRPERSON who shall serve for a term of one year. 4,387
Annually thereafter the board shall elect from its membership a 4,388
chairman CHAIRPERSON and a vice-chairman VICE-CHAIRPERSON for a 4,389
term of one year. 4,390
A majority of the full membership of the board shall 4,392
constitute a quorum.
Sec. 742.08. (A) The members of the board of trustees of 4,401
the OHIO police and firemen's disability and FIRE pension fund 4,403
shall serve without compensation but shall be reimbursed for 4,405
their necessary expenses incurred in the performance of their 4,406
103
official duties.
An employee member of the board shall suffer no loss or 4,408
penalty whatsoever because of absence from the employee member's 4,409
regular employment while engaged in official duties as a member 4,411
of the board.
(B) The board may secure insurance coverage designed to 4,413
indemnify board members and employees for their actions or 4,414
conduct in the performance of official duties, and may pay 4,415
required premiums for such coverage from the expense fund. 4,416
(C) The board shall adopt rules in accordance with section 4,418
111.15 of the Revised Code establishing a policy for 4,420
reimbursement of travel expenses incurred by board members in the 4,422
performance of their official duties. As part of any audit
performed under Chapter 117. of the Revised Code, an inquiry 4,425
shall be made into whether board members have complied with these 4,426
rules.
(D) No board member shall accept payment or reimbursement 4,429
for travel expenses, other than for meals and other food and 4,430
beverages provided to the member, from any source other than the 4,431
expense fund established under section 742.59 of the Revised 4,433
Code. Except in the case of an emergency, no out-of-state travel 4,435
expenses shall be reimbursed unless approved in advance by a 4,436
majority of the board at a regular board meeting. 4,437
Sec. 742.09. The attorney general shall be the legal 4,446
counsel of the board of trustees of the OHIO police and firemen's 4,447
disability and FIRE pension fund. 4,448
Sec. 742.10. The board of trustees of the OHIO police and 4,457
firemen's disability and FIRE pension fund may sue and be sued, 4,459
plead and be impleaded, contract and be contracted with, employ 4,460
and fix the compensation of employees, and adopt rules for the 4,461
proper administration and management of the fund.
The attorney general shall prescribe procedures for the 4,464
adoption of rules authorized under this chapter, consistent with 4,465
the provisions of section 111.15 of the Revised Code under which 4,466
104
all rules shall be filed in order to be effective. Such
procedures shall establish methods by which notice of proposed 4,467
rules is given to interested parties and rules adopted by the 4,468
board published and otherwise made available. When it files a 4,469
rule with the joint committee on agency rule review pursuant to 4,470
section 111.15 of the Revised Code, the board shall submit to the 4,472
Ohio retirement study council a copy of the full text of the 4,473
rule, and if applicable, a copy of the rule summary and fiscal 4,474
analysis required by division (B) of section 127.18 of the 4,475
Revised Code.
All rules adopted pursuant to this chapter, prior to August 4,477
20, 1976, shall be published and made available to interested 4,478
parties by January 1, 1977.
Sec. 742.11. (A) The members of the board of trustees of 4,487
the OHIO police and firemen's disability and FIRE pension fund 4,489
shall be the trustees of the funds created by section 742.59 of 4,491
the Revised Code. The board shall have full power to invest the 4,492
funds. The board and other fiduciaries shall discharge their 4,493
duties with respect to the funds solely in the interest of the 4,494
participants and beneficiaries; for the exclusive purpose of 4,495
providing benefits to participants and their beneficiaries and 4,496
defraying reasonable expenses of administering the OHIO police 4,497
and firemen's disability and FIRE pension fund; with care, skill, 4,500
prudence, and diligence under the circumstances then prevailing 4,501
that a prudent person acting in a like capacity and familiar with 4,503
these matters would use in the conduct of an enterprise of a like 4,504
character and with like aims; and by diversifying the investments 4,505
of the disability and pension fund so as to minimize the risk of 4,507
large losses, unless under the circumstances it is clearly 4,508
prudent not to do so.
To facilitate investment of the funds, the board may 4,510
establish a partnership, trust, limited liability company, 4,511
corporation, including a corporation exempt from taxation under 4,512
the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C.A. 1, as 4,513
105
amended, or any other legal entity authorized to transact 4,514
business in this state.
(B) In exercising its fiduciary responsibility with 4,516
respect to the investment of the funds, it shall be the intent of 4,517
the board to give consideration to investments that enhance the 4,518
general welfare of the state and its citizens where the 4,519
investments offer quality, return, and safety comparable to other 4,521
investments currently available to the board. In fulfilling this
intent, equal consideration shall be given to investments 4,522
otherwise qualifying under this section that involve minority 4,523
owned and controlled firms and firms owned and controlled by 4,524
women, either alone or in joint venture with other firms. 4,525
The board shall adopt, in regular meeting, policies, 4,527
objectives, or criteria for the operation of the investment 4,529
program that include asset allocation targets and ranges, risk 4,530
factors, asset class benchmarks, time horizons, total return 4,531
objectives, and performance evaluation guidelines. In adopting 4,532
policies and criteria for the selection of agents with whom the
board may contract for the administration of the funds, the board 4,534
shall give equal consideration to minority owned and controlled 4,535
firms, firms owned and controlled by women, and joint ventures 4,536
involving minority owned and controlled firms and firms owned and 4,537
controlled by women that otherwise meet the policies and criteria 4,538
established by the board. Amendments and additions to the
policies and criteria shall be adopted in regular meeting. The 4,540
board shall publish its policies, objectives, and criteria under 4,541
this provision no less often than annually and shall make copies 4,543
available to interested parties.
When reporting on the performance of investments, the board 4,545
shall comply with the performance presentation standards 4,546
established by the association for investment management and 4,547
research.
(C) All bonds, notes, certificates, stocks, or other 4,550
evidences of investments purchased by the board shall be 4,551
106
delivered to the treasurer of state, who is hereby designated as 4,552
custodian thereof, or to the treasurer of state's authorized 4,553
agent, and the treasurer of state or the agent shall collect the 4,554
principal, interest, dividends, and distributions that become due 4,556
and payable and place them when so collected into the custodial 4,557
funds. Evidences of title of the investments may be deposited by 4,558
the treasurer of state for safekeeping with an authorized agent, 4,560
selected by the treasurer of state, who is a qualified trustee 4,561
under section 135.18 of the Revised Code. The treasurer of state 4,562
shall pay for the investments purchased by the board on receipt 4,563
of written or electronic instructions from the board or the 4,565
board's designated agent authorizing the purchase and pending 4,567
receipt of the evidence of title of the investment by the
treasurer of state or the treasurer of state's authorized agent. 4,568
The board may sell investments held by the board, and the 4,569
treasurer of state or the treasurer of state's authorized agent 4,570
shall accept payment from the purchaser and deliver evidence of 4,571
title of the investment to the purchaser on receipt of written or 4,572
electronic instructions from the board or the board's designated
agent authorizing the sale, and pending receipt of the moneys for 4,574
the investments. The amount received shall be placed into the 4,575
custodial funds. The board and the treasurer of state may enter 4,576
into agreements to establish procedures for the purchase and sale 4,577
of investments under this division and the custody of the 4,578
investments.
(D) All of the board's business shall be transacted, all 4,581
its funds shall be invested, all warrants for money drawn and 4,582
payments shall be made, and all of its cash, securities, and 4,583
other property shall be held, in the name of the board or its 4,584
nominee, provided that nominees are authorized by board 4,585
resolution for the purpose of facilitating the ownership and 4,586
transfer of investments.
(E) No purchase or sale of any investment shall be made 4,589
under this section except as authorized by the board of trustees 4,590
107
of the OHIO police and firemen's disability and FIRE pension 4,591
fund.
(F) Any statement of financial position distributed by the 4,593
board shall include the fair value, as of the statement date, of 4,595
all investments held by the board under this section.
Sec. 742.111. The OHIO police and firemen's disability and 4,605
FIRE pension fund shall make no investments through or purchases 4,607
from, or otherwise do any business with, any individual who is, 4,608
or any partnership, association, or corporation that is owned or 4,609
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 4,610
which a person who within the preceding three years was employed 4,611
by, an officer of, or a board member of the fund, holds a 4,612
fiduciary, administrative, supervisory or trust position, or any 4,613
other position in which such person would be involved, on behalf 4,614
of his THE PERSON'S employer, in decisions or recommendations 4,615
affecting the investment policy of the fund, and in which such 4,616
THE person would benefit by any monetary gain. 4,618
Sec. 742.112. (A) Except as provided in division (B) of 4,627
this section, a fiduciary shall not cause the OHIO police and 4,628
firemen's disability and FIRE pension fund to engage in a 4,630
transaction, if he THE FIDUCIARY knows or should know that such 4,631
transaction constitutes a direct or indirect:
(1) Sale or exchange, or leasing, of any property between 4,633
the fund and a party in interest; 4,634
(2) Lending of money or other extension of credit between 4,636
the fund and a party in interest; 4,637
(3) Furnishing of goods, services, or facilities between 4,639
the fund and a party in interest; 4,640
(4) Transfer to, or use by or for the benefit of a party 4,642
in interest, of any assets of the fund; or 4,643
(5) Acquisition, on behalf of the fund, of any employer 4,645
security or employer real property. 4,646
(B) Nothing in this section shall prohibit any transaction 4,648
108
between the OHIO police and firemen's disability and FIRE pension 4,651
fund and any fiduciary or party in interest if: 4,652
(1) All the terms and conditions of the transaction are 4,654
comparable to the terms and conditions which might reasonably be 4,655
expected in a similar transaction between similar parties who are 4,656
not parties in interest; and 4,657
(2) The transaction is consistent with the fiduciary 4,659
duties described in Chapter 742. of the Revised Code. 4,660
(C) A fiduciary shall not: 4,662
(1) Deal with the assets of the fund in his THE 4,664
FIDUCIARY'S own interest or for his THE FIDUCIARY'S own account; 4,666
(2) In his THE FIDUCIARY'S individual or in any other 4,668
capacity, act in any transaction involving the fund on behalf of 4,670
a party (or represent a party) whose interests are adverse to the 4,671
interests of the fund or the interests of its participants or 4,672
beneficiaries; or
(3) Receive any consideration for his THE FIDUCIARY'S own 4,674
personal account from any party dealing with such fund in 4,675
connection with a transaction involving the assets of the fund. 4,676
(D) In addition to any liability which he THE FIDUCIARY 4,678
may have under any other provision, a fiduciary with respect to 4,679
the fund shall be liable for a breach of fiduciary responsibility 4,680
of any fiduciary with respect to the fund in the following 4,681
circumstances: 4,682
(1) If he THE FIDUCIARY participates knowingly in, or 4,684
knowingly undertakes to conceal, an act or omission of such other 4,685
fiduciary, knowing such act or omission is a breach; 4,686
(2) If, by his THE FIDUCIARY'S failure to comply with 4,688
Chapter 742. of the Revised Code, he THE FIDUCIARY has enabled 4,690
such other fiduciary to commit a breach; or 4,691
(3) If he THE FIDUCIARY has knowledge of a breach by such 4,693
other fiduciary, unless he THE FIDUCIARY makes reasonable efforts 4,694
under the circumstances to remedy the breach. 4,695
(E) Every fiduciary of the fund shall be bonded or insured 4,697
109
to an amount of not less than one million dollars for loss by 4,698
reason of acts of fraud or dishonesty. 4,699
Sec. 742.12. Bonds purchased by the board of trustees of 4,708
the OHIO police and firemen's disability and FIRE pension fund 4,710
from any taxing district of the state shall be in the 4,712
denomination required by the board in its resolution of purchase, 4,713
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 4,714
state be consolidated and issued as one bond, the principal 4,715
amount of which is equal to the aggregate amount of all the bonds 4,716
of said series, which principal together with the interest 4,717
thereon shall be paid in installments evidenced by and payable 4,718
upon the surrender of combined principal and interest coupons
attached thereto, which coupons shall each separately state the 4,719
amounts of principal and interest included therein. 4,720
Sec. 742.13. The proper officers of each taxing district 4,729
issuing the bonds provided for in section 742.12 of the Revised 4,730
Code shall, without additional procedure or legislation on their 4,731
part, comply with this section and with section 742.12 of the 4,732
Revised Code, except that the proper accounting officers of such 4,733
taxing district and the secretary of the sinking fund shall make
and keep a detailed record of any such changes required by the 4,734
board of trustees of the OHIO police and firemen's disability and 4,736
FIRE pension fund. The board shall not change the date of 4,737
maturity of any part of the principal or interest of any bond 4,738
issue, nor shall it require a bond of any issue to be of a larger 4,739
denomination, nor any partial payment of principal to be of 4,740
greater amount than the aggregate amount of such issue falling
due at any date. 4,741
Sec. 742.14. (A) The board of trustees of the OHIO police 4,751
and firemen's disability and FIRE pension fund shall have 4,752
prepared annually by or under the supervision of an actuary an 4,753
actuarial valuation of the pension assets, liabilities, and 4,754
funding requirements of the OHIO police and firemen's disability 4,756
110
and FIRE pension fund as established pursuant to sections 742.01 4,758
to 742.58 742.61 of the Revised Code. The actuary shall complete 4,759
the valuation in accordance with actuarial standards of practice 4,760
promulgated by the actuarial standards board of the American 4,761
academy of actuaries and prepare a report of the valuation. The 4,762
report shall include all of the following: 4,763
(1) A summary of the benefit provisions evaluated; 4,765
(2) A summary of the census data and financial information 4,767
used in the valuation; 4,768
(3) A description of the actuarial assumptions, actuarial 4,770
cost method, and asset valuation method used in the valuation, 4,771
including a statement of the assumed rate of payroll growth and 4,772
assumed rate of growth or decline in the number of members of the 4,773
fund contributing to the pension fund;
(4) A summary of findings that includes a statement of the 4,775
actuarial accrued pension liabilities and unfunded actuarial 4,776
accrued pension liabilities; 4,777
(5) A schedule showing the effect of any changes in the 4,779
benefit provisions, actuarial assumptions, or cost methods since 4,780
the last annual actuarial valuation; 4,781
(6) A statement of whether contributions to the pension 4,783
fund are expected to be sufficient to satisfy the funding 4,784
objectives established by the board. 4,785
The board shall submit the report to the Ohio retirement 4,788
study commission COUNCIL and the standing committees of the house 4,789
of representatives and the senate with primary responsibility for 4,791
retirement legislation not later than the first day of November 4,792
following the year for which the valuation was made. 4,793
(B) The board shall annually thereafter have prepared by 4,795
an actuary a report showing the adequacy of the rate of the 4,798
policemen POLICE OFFICER employers' contribution provided for by 4,800
section 742.33 of the Revised Code, and the adequacy of the rate 4,801
of the firemen FIREFIGHTER employers' contribution provided for 4,802
by section 742.34 of the Revised Code. 4,803
111
(C) At such times as the board determines, and at least 4,807
once in each quinquennial, the board shall have prepared by or 4,808
under the supervision of an actuary an actuarial investigation of 4,809
the mortality, service, and other experience of the members of 4,811
the fund and of other system retirants, as defined in section 4,812
742.26 of the Revised Code, who are members of a police 4,813
department or a fire department to update the actuarial 4,814
assumptions used in the actuarial valuation required by division 4,815
(A) of this section. The actuary shall prepare a report of the 4,816
actuarial investigation. The report shall be prepared and any 4,817
recommended changes in actuarial assumptions shall be made in 4,818
accordance with the actuarial standards of practice promulgated 4,819
by the actuarial standards board of the American academy of 4,820
actuaries. The report shall include all of the following: 4,821
(1) A summary of relevant decrement and economic 4,823
assumption experience observed over the period of the 4,824
investigation;
(2) Recommended changes in actuarial assumptions to be 4,826
used in subsequent actuarial valuations required by division (A) 4,828
of this section;
(3) A measurement of the financial effect of the 4,830
recommended changes in actuarial assumptions. 4,831
The board shall submit the report to the Ohio retirement 4,834
study commission COUNCIL and the standing committees of the house 4,835
of representatives and the senate with primary responsibility for 4,837
retirement legislation not later than the first day of November 4,838
following the last fiscal year of the period the report covers. 4,839
(D) The board shall have prepared by or under the 4,842
supervision of an actuary an actuarial analysis of any introduced
legislation expected to have a measurable financial impact on the 4,843
pension fund. The actuarial analysis shall be completed in 4,845
accordance with the actuarial standards of practice promulgated 4,846
by the actuarial standards board of the American academy of 4,847
actuaries. The actuary shall prepare a report of the actuarial 4,848
112
analysis, which shall include all of the following: 4,849
(1) A summary of the statutory changes that are being 4,851
evaluated;
(2) A description of or reference to the actuarial 4,853
assumptions and actuarial cost method used in the report; 4,854
(3) A description of the participant group or groups 4,856
included in the report; 4,857
(4) A statement of the financial impact of the 4,859
legislation, including the resulting increase, if any, in the 4,860
employer normal cost percentage; the increase, if any, in 4,861
actuarial accrued liabilities; and the per cent of payroll that 4,862
would be required to amortize the increase in actuarial accrued
liabilities as a level per cent of covered payroll for all active 4,863
members of the fund over a period not to exceed thirty years; 4,864
(5) A statement of whether the scheduled contributions to 4,866
the system after the proposed change is enacted are expected to 4,867
be sufficient to satisfy the funding objectives established by 4,868
the board.
Not later than sixty days from the date of introduction of 4,870
the legislation, the board shall submit a copy of the actuarial 4,871
analysis to the legislative budget office of the legislative 4,872
service commission, the standing committees of the house of 4,873
representatives and the senate with primary responsibility for 4,874
retirement legislation, and the Ohio retirement study commission 4,875
COUNCIL.
(E) The board shall have prepared annually a report giving 4,878
a full accounting of the revenues and costs relating to the 4,879
provision of benefits under section 742.45 of the Revised Code. 4,881
The report shall be made as of December 31, 1997, and the 4,884
thirty-first day of December of each year thereafter. The report 4,885
shall include the following:
(1) A description of the statutory authority for the 4,887
benefits provided; 4,888
(2) A summary of the benefits; 4,890
113
(3) A summary of the eligibility requirements for the 4,892
benefits; 4,893
(4) A statement of the number of participants eligible for 4,895
the benefits; 4,896
(5) A description of the accounting, asset valuation, and 4,898
funding method used to provide the benefits; 4,899
(6) A statement of the net assets available for the 4,901
provision of the benefits as of the last day of the fiscal year; 4,903
(7) A statement of any changes in the net assets available 4,906
for the provision of benefits, including participant and employer 4,907
contributions, net investment income, administrative expenses, 4,908
and benefits provided to participants, as of the last day of the 4,909
fiscal year;
(8) For the last six consecutive fiscal years, a schedule 4,911
of the net assets available for the benefits, the annual cost of 4,913
benefits, administrative expenses incurred, and annual employer 4,914
contributions allocated for the provision of benefits; 4,915
(9) A description of any significant changes that affect 4,917
the comparability of the report required under this division; 4,919
(10) A statement of the amount paid under division (C) of 4,921
section 742.45 of the Revised Code. 4,922
The board shall submit the report to the Ohio retirement 4,925
study commission COUNCIL and the standing committees of the house 4,926
of representatives and the senate with primary responsibility for 4,927
retirement legislation not later than the thirtieth day of June 4,929
following the year for which the report was made. 4,930
Sec. 742.15. The board of trustees of the OHIO police and 4,939
firemen's disability and FIRE pension fund shall collect and keep 4,941
in convenient form such data as are necessary for the preparation 4,943
of the required mortality and service tables and for the 4,944
compilation of such other information as is required for the
actuarial evaluations provided for by section 742.14 of the 4,945
Revised Code.
Sec. 742.16. The board of trustees of the OHIO police and 4,954
114
firemen's disability and FIRE pension fund shall establish a 4,957
period of not more than thirty years to amortize the OHIO police 4,958
and firemen's disability and FIRE pension fund's unfunded 4,960
actuarial accrued pension liabilities. The board shall adopt a 4,961
plan that specifies how it proposes to meet the thirty-year 4,962
amortization period not later than December 31, 2006. If in any 4,964
year the period necessary to amortize the unfunded actuarial 4,965
accrued pension liability exceeds thirty years, as determined by 4,966
the annual actuarial valuation required by section 742.14 of the 4,967
Revised Code, the board, not later than ninety days after receipt 4,969
of the valuation, shall prepare and submit to the Ohio retirement 4,970
study commission COUNCIL and the standing committees of the house 4,971
of representatives and the senate with primary responsibility for 4,973
retirement legislation a report that includes the following
information: 4,974
(A) The number of years needed to amortize the unfunded 4,977
actuarial accrued pension liability as determined by the annual 4,978
actuarial valuation;
(B) A plan approved by the board that indicates how the 4,981
board will reduce the amortization period of unfunded actuarial 4,982
accrued pension liability to not more than thirty years;
(C) Whether the board has made any progress in meeting the 4,985
thirty-year amortization period.
Sec. 742.22. A member of the fund who is receiving 4,994
disability benefits from the OHIO police and firemen's disability 4,996
and FIRE pension fund and is restored to active duty as a member 4,997
of a police or fire department shall, in computing years of 4,998
service under section 742.37 or 742.39 of the Revised Code, be 4,999
given service credit for the time the member was receiving such 5,002
disability benefits. 5,004
On restoration to active duty as a member of a police or 5,006
fire department, the member shall make contributions to the fund 5,007
in accordance with section 742.31 of the Revised Code, and the 5,008
member's disability benefits shall be terminated on the first day 5,009
115
following restoration to active duty. In determining the amount 5,010
of the member's account after the termination of disability 5,011
benefits, the total sum of the disability benefits paid shall be 5,012
deducted from any refund payable to the member under division (G) 5,013
of section 742.37 of the Revised Code. 5,014
The employer shall notify the board of trustees of the OHIO 5,017
police and firemen's disability and FIRE pension fund of the 5,018
member's return to active duty before the end of the month then 5,019
current, designating the date of the resumption of active duty. 5,020
If the member is paid any amount of disability benefits to which 5,021
the member is not entitled under this section, such amount shall 5,022
be repaid to the fund by the member or shall be recovered by a 5,023
withholding from subsequent retirement allowances or other 5,024
amounts payable under this chapter. 5,025
Sec. 742.221. A member of the OHIO police and firemen's 5,034
disability and FIRE pension fund who, during the period of 5,035
employment as a member of a police or fire department, is removed 5,037
from active pay status due to pregnancy or a medical disability 5,038
leave not exceeding one year for each such leave, shall, in 5,039
computing years of active service in such department under 5,040
division (C) of section 742.37 or section 742.39 of the Revised 5,041
Code, be given full credit for time for which contributions were 5,042
not made during such leave of absence if all of the following 5,043
conditions are met:
(A) The leave was approved by the member's employing 5,045
authority. 5,046
(B) During the period of the leave the member was not 5,048
entitled to receive disability benefits from the fund. 5,049
(C) The member pays into the fund an amount equal to the 5,051
employee contributions that would have been deducted from the 5,052
base pay had the member remained on active pay status, plus 5,053
interest compounded annually from the date the leave commenced to 5,054
the date of payment. The rate of interest shall be determined by 5,055
the board OF TRUSTEES of the OHIO police and firemen's disability 5,057
116
and FIRE pension fund. 5,058
Sec. 742.23. A member of the fund who is an employee of 5,067
the police department of a municipal corporation and who has 5,068
resigned or has been honorably discharged from membership in the 5,069
fire department of the same municipal corporation shall, in 5,070
computing years of service in the police department under section 5,071
742.37 or 742.39 of the Revised Code, be given full credit for 5,072
time served in such fire department, provided the member has paid 5,073
into the OHIO police and firemen's disability and FIRE pension 5,075
fund a sum equal to that which the member would have been 5,076
required to pay, under former section 741.12 and section 742.31
of the Revised Code, as a member of such fire department during 5,077
the years for which service credit is claimed had the member been 5,078
contributing a percentage of the member's salary to a firemen's 5,079
relief and pension fund or to the OHIO police and firemen's 5,081
disability and FIRE pension fund as provided by such sections 5,082
during such years.
Sec. 742.24. A member of the fund who is an employee of 5,091
the fire department of a municipal corporation and who has 5,092
resigned or has been honorably discharged from membership in the 5,093
police department of the same municipal corporation shall, in 5,094
computing years of service in the fire department under section 5,095
742.37 or 742.39 of the Revised Code, be given full credit for 5,096
the time served in such police department, provided the member 5,097
has paid into the OHIO police and firemen's disability and FIRE 5,099
pension fund a sum equal to that which the member would have been 5,100
required to pay, under former section 741.43 and section 742.31 5,101
of the Revised Code, as a member of such police department during 5,102
the years for which service credit is claimed had the member been 5,103
contributing a percentage of the member's salary to a police 5,104
relief and pension fund or to the OHIO police and firemen's 5,105
disability and FIRE pension fund, as provided by such sections 5,107
during such years.
Sec. 742.25. Each member of the fund, in computing years 5,116
117
of service, shall be given credit for the service credit to which 5,117
he THE MEMBER was entitled in a firemen's relief and pension 5,118
fund, established pursuant to former section 521.02 or 741.02 of 5,120
the Revised Code, or a police relief and pension fund,
established pursuant to former section 741.32 of the Revised 5,121
Code, on the date that the assets of the particular fund were 5,122
transferred to the OHIO police and firemen's disability and FIRE 5,124
pension fund.
Sec. 742.251. (A) A member of the OHIO police and 5,133
firemen's disability and FIRE pension fund, in computing years of 5,135
active service under division (C) of section 742.37 or section 5,137
742.39 of the Revised Code, shall be given full credit for 5,139
full-time out-of-state or federal service, other than military 5,140
service, purchased under this section. A member may purchase 5,141
credit for such service if all of the following conditions are 5,142
met:
(1) The service was rendered as an employee of an entity 5,144
of state or local government, or of an entity of the United 5,145
States government; 5,146
(2) The member is eligible to retire under this chapter or 5,148
will become eligible to retire as a result of purchasing the 5,149
credit; 5,150
(3) The member agrees to retire within ninety days after 5,152
receiving notice of the amount determined under division (B) of 5,153
this section. 5,154
(B) On receipt of a request from a member eligible to 5,156
purchase credit under this section, the fund shall obtain from 5,157
its actuary certification of the amount of the additional 5,158
liability to the fund for each year of credit the member is 5,159
eligible to purchase and shall notify the member of that amount. 5,160
For each year of credit purchased, the member shall pay to the 5,161
fund an amount equal to the additional liability resulting from 5,162
the purchase of credit for that year. Payment shall be made in 5,163
full at the time of purchase. 5,164
118
(C) The number of years of service purchased under this 5,166
section shall not exceed five. 5,167
(D) A member may not purchase credit under this section 5,169
for service that is used in the calculation of any public or 5,170
private retirement benefit, other than federal social security 5,171
benefits, currently being paid or payable in the future to the 5,172
member. 5,173
(E) If the member does not retire within ninety days after 5,175
purchasing credit under this section, the fund shall withdraw the 5,176
credit and refund the amount paid by the member. 5,177
Sec. 742.26. (A) As used in this section: 5,186
(1) "Actuarial present value" means the calculation under 5,188
which the probability of occurrence, based on a specified 5,189
mortality table, and the discount for future monetary growth at a 5,190
specified interest rate are considered by an actuary to determine 5,191
the value of an annuity. 5,192
(2) "Other system retirant" means a former member of the 5,194
public employees retirement system, state teachers retirement 5,195
system, school employees retirement system, state highway patrol 5,196
retirement system, or Cincinnati retirement system who is 5,197
receiving a disability benefit or an age and service or commuted 5,198
age and service retirement benefit or allowance from a system of 5,199
which he THE PERSON is a former member. 5,200
(3) "PFDPFfiremen's disability and FIRE 5,205
pension fund. 5,207
(B) The mortality table and interest rate used in 5,209
determining actuarial present value shall be determined by the 5,210
board of trustees of the fund based on the recommendations of an 5,211
actuary employed by the board. 5,212
(C)(1) A PFDPFhe THE RETIRANT shall make contributions to the fund 5,217
119
in accordance with section 742.31 of the Revised Code, and the 5,219
employer shall make contributions in accordance with sections 5,220
742.33 and 742.34 of the Revised Code. 5,221
(2) An employer that employs a PFDPFA PFDPF AN OPFPF retirant or other system retirant who 5,234
has received his A retirement allowance or benefit for less than 5,235
two months when employment subject to this section commences 5,236
shall forfeit his THE retirement allowance or benefit for the 5,237
period that begins on the date the employment commences and ends 5,239
on the date that is two months after the date on which the 5,240
retirement allowance or benefit commenced. Service and 5,241
contributions for that period shall not be included in the 5,242
calculation of any benefits payable under this section, and those 5,243
contributions shall be refunded on his THE RETIRANT'S death or 5,244
termination of the employment. 5,245
(E) On receipt of notice from the public employees 5,247
retirement system, school employees retirement system, or state 5,248
teachers retirement system of the re-employment of a PFDPFfiremen's disability and FIRE 5,252
pension fund shall not pay, or if paid shall recover, the amount 5,253
to be forfeited by the PFDPFa PFDPFPFDPFhis THE RETIRANT'S individual account in the fund, 5,267
together with interest credited thereon at the rate determined by 5,269
the board, provided the annuity equals or exceeds twenty-five 5,270
dollars per month. 5,271
(ii) A lump-sum payment equal to two times the sum of all 5,273
amounts deducted from the salary of the PFDPFhis THE RETIRANT'S 5,276
individual account in the fund, together with interest credited 5,278
thereon at the rate determined by the board. 5,279
(b) Interest shall be credited to accounts only at the 5,281
time of calculation of a benefit payable under division (F)(1) of 5,282
this section. 5,283
(2) A benefit payable under this division shall commence 5,285
on the first day of the month immediately after the latest of the 5,286
following: 5,287
(a) The last day for which compensation for employment 5,289
subject to this section was paid; 5,290
(b) Attainment by the PFDPFPFDPFa PFDPFhis THE 5,312
RETIRANT'S surviving spouse, or if there is no surviving spouse, 5,314
to his THE RETIRANT'S estate.
121
(2) If at the time of his death a PFDPFhe 5,319
would have BEEN received as a lump-sum payment under division 5,320
(F)(1)(a)(ii) of this section, the difference between the amount 5,322
he received and the amount he THAT would have BEEN received as a 5,323
lump-sum payment shall be paid to his THE RETIRANT'S surviving 5,325
spouse, or if there is no surviving spouse, to his THE RETIRANT'S 5,326
estate.
(H) An other system retirant subject to this section is 5,328
not a member of the OHIO police and firemen's disability and FIRE 5,330
pension fund, does not have any of the rights, privileges, or 5,331
obligations of membership, except as specified in this section, 5,332
and is not eligible to receive health, medical, hospital, or 5,333
surgical benefits under section 742.45 of the Revised Code for 5,334
employment subject to this section. 5,335
(I) If any payment is made by the OHIO police and 5,337
firemen's disability and FIRE pension fund to a PFDPFhe THE RETIRANT is not 5,342
entitled, he THE RETIRANT shall repay it to the fund. If he THE 5,344
RETIRANT fails to make the repayment, the fund shall withhold the 5,346
amount due from any allowances or other amounts due the PFDPFA PFDPFfiremen's disability 5,384
and FIRE pension fund who, during employment as a member of a 5,386
police or fire department, is removed from active pay status by 5,387
being laid off by the member's employer, shall, in computing 5,388
years of active service under division (C) of section 742.37 or 5,389
section 742.39 of the Revised Code, be given full credit for time 5,390
for which contributions were not made during the period the 5,391
member was laid off, if all of the following conditions are met: 5,392
(1) During the time the member was laid off, the member 5,394
was not entitled to receive disability benefits from the fund. 5,396
(2) During the time the member was laid off, the member 5,398
did not render any service that is used in the calculation of any 5,399
public or private retirement benefit, except any federal social 5,400
security retirement benefit, currently being paid or payable in 5,401
the future to the member. 5,402
(3) The fund receives the amount determined under division 5,404
(C) of this section from the member, the member's employer, or 5,406
the member and the employer.
The total amount of service purchased by any member under 5,408
this section shall not exceed two years. A member may choose to 5,409
purchase only part of such credit in any one payment, subject to 5,410
board rules. 5,411
(C) The amount paid for the credit purchased under this 5,413
section shall be an amount equal to the additional liability to 5,414
the fund resulting from the purchase of the credit, as determined 5,415
by an actuary employed by the board of trustees of the fund. 5,416
123
(D) The board shall have final authority to determine and 5,418
fix the amount of the payment for credit purchased under this 5,419
section. The employer may pay all or part of the payment. 5,420
(E) The board of trustees shall adopt rules for the 5,422
implementation of this section. 5,423
Sec. 742.30. (A) The employer's accrued liability, as 5,432
determined pursuant to former section 742.29 of the Revised Code, 5,433
shall be paid to the OHIO police and firemen's disability and 5,435
FIRE pension fund. Payments shall be credited to the policemen's 5,436
POLICE OFFICERS' pension reserve fund, or to the firemen's 5,438
FIREFIGHTERS' pension reserve fund, in accordance with the relief 5,440
and pension fund from which the liability for such payment 5,441
arises, until such time as the employer's accrued liability on 5,442
account of pensioners and other benefit recipients on the rolls 5,443
of the particular police relief and pension fund or firemen's 5,444
relief and pension fund is satisfied. Thereafter, payments shall 5,446
be credited to the policemen's POLICE OFFICERS' contribution fund 5,447
or the firemen's FIREFIGHTERS' contribution fund, in accordance 5,449
with the relief and pension fund from which the liability for 5,450
such payments arises, until such time as the employer's accrued 5,451
liability on account of deductions made from the compensation of 5,452
police officers or firefighters under the particular police 5,454
relief and pension fund or firemen's relief and pension fund is 5,456
satisfied. Thereafter, payments shall be credited to the
policemen POLICE OFFICER employers' contribution fund, or firemen 5,458
FIREFIGHTER employers' contribution fund, in accordance with the 5,459
relief and pension fund from which the liability for such 5,461
payments arises, until such time as the employer's total accrued 5,462
liability under the particular police relief and pension fund or 5,463
firemen's relief and pension fund is satisfied. 5,465
(B) That part of the employer's accrued liability 5,467
remaining unpaid on January 1, 1969, shall be paid by the 5,468
employer at not less than the following rates per year: two per 5,469
cent in 1969, two per cent in 1970, three per cent in 1971, four 5,470
124
per cent in 1972, and five per cent per annum beginning in 1973 5,471
and each year thereafter for sixty-two years. Except as provided 5,472
in division (C) of this section, payments shall be fixed annually 5,473
and paid on dates fixed by the board of trustees of the OHIO 5,474
police and firemen's disability and FIRE pension fund. 5,476
(C) The board may enter into an agreement with a municipal 5,480
corporation or township for a single payment by the municipal
corporation or township of the employer's accrued liability. The 5,481
agreement may provide for a reduction in the amount of the 5,483
accrued liability based on the value to the fund of receiving a 5,484
single payment. A municipal corporation or township that has 5,485
made payment in accordance with such an agreement shall have no 5,486
further obligation to make payments under this section. 5,487
(D) The board shall report every two years to the general 5,489
assembly during its first regular session on the condition of the 5,490
retirement system, with particular emphasis upon the payment of 5,491
the employer's accrued liability, and make such recommendations, 5,492
upon the advice of its actuary, as it considers necessary for the 5,493
proper funding of the liabilities. 5,494
Sec. 742.301. Each employer shall promptly pay the amount 5,503
due on the accrued liability on the dates fixed by the board of 5,504
trustees of the OHIO police and firemen's disability and FIRE 5,506
pension fund. Upon certification by the board that payment of an 5,507
employer's accrued liability has not been paid within thirty days 5,508
following the date a payment is due, a penalty of five per cent 5,509
of the amount due shall be assessed against such employer. If 5,510
the payment and penalty have not been paid within ninety days 5,511
following the date a payment is due, annual interest at six per 5,512
cent shall be assessed against the payment and penalty from the 5,513
date that the payment is due. 5,514
Upon certification by the board to the superintendent of 5,516
liquor control or the county auditor of an amount due from any 5,517
employer who is subject to this chapter by reason of such 5,518
employer's delinquency in making payments on the accrued 5,519
125
liability, the amount due shall be withheld from the employer 5,520
from liquor control permit fees to be distributed to that 5,521
employer according to Chapter 4301. of the Revised Code or from 5,522
the local government fund allocated for distribution to that 5,523
employer by the county budget commission in accordance with 5,524
Chapter 5739. of the Revised Code. Upon receipt of the 5,525
certification from the board, the superintendent or county 5,526
auditor shall provide for payment against such funds in favor of 5,527
the OHIO police and firemen's disability and FIRE pension fund 5,529
for the certified amount due and any penalty and interest
thereon. 5,530
Sec. 742.31. Each employee shall contribute an amount 5,539
equal to ten per cent of the employee's salary to the OHIO police 5,540
and firemen's disability and FIRE pension fund. The amount shall 5,542
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 5,544
payroll period, irrespective of whether the minimum compensation 5,546
provided by law for the employee is reduced thereby. Every 5,547
employee shall be deemed to consent to the deductions, and 5,548
payment to the employee less the deductions is a complete 5,549
discharge and acquittance of all claims and demands for the 5,550
services rendered by the employee during the period covered by 5,551
such payment.
Sec. 742.311. (A) As used in this section, "entry age 5,560
normal actuarial cost method" means an actuarial cost method 5,562
under which the actuarial present value of the projected benefits 5,563
of each individual included in the valuation is allocated on a 5,564
level basis over the earnings or service of the individual
between the entry age and the assumed exit age, with the portion 5,565
of the actuarial present value that is allocated to the valuation 5,566
year to be the normal cost and the portion of the actuarial 5,567
present value not provided for at the valuation date by the 5,568
actuarial present value of future normal costs to be the 5,569
actuarial accrued liability. Under this method, the actuarial
126
gains or losses are reflected as they occur in a decrease or 5,570
increase in the unfunded actuarial accrued liability. 5,571
(B) The Ohio retirement study council shall annually 5,573
review the adequacy of the contribution rates provided under 5,574
sections 742.31, 742.33, and 742.34 of the Revised Code and the 5,575
contribution rates recommended in a report by the actuary of the 5,576
OHIO police and firemen's disability and FIRE pension fund for 5,578
the forthcoming year.
The actuarial calculations used by the actuary shall be 5,581
based on the entry age normal actuarial cost method, and the 5,582
adequacy of the contribution rates shall be reported on the basis
of that method. The Ohio retirement study council shall make 5,584
recommendations to the general assembly that it finds necessary 5,585
for the proper financing of the benefits of the OHIO police and 5,586
firemen's disability and FIRE pension fund. 5,587
Sec. 742.32. The fiscal officer of each employer shall 5,596
transmit monthly to the secretary of the board of trustees of the 5,599
OHIO police and firemen's disability and FIRE pension fund a 5,600
report of employee deductions in such form as the board requires. 5,602
The report shall show all deductions for the fund made pursuant 5,603
to section 742.31 of the Revised Code and shall be accompanied by 5,604
payments covering the total of such deductions. Separate 5,606
payments shall be so transmitted for that portion of such 5,608
deductions made from the salaries of members of the police 5,609
department and for that portion of such deductions made from the 5,610
salaries of members of the fire department. A penalty of five 5,611
per cent of the total amount due for the particular reporting 5,612
period shall be added when the report, together with payments to 5,613
cover the total amount due from the salaries of all employees of 5,614
the employer, is transmitted thirty or more days after the last 5,615
day of the reporting period. The penalty shall be added to and 5,616
collected on the next succeeding regular employer billing. If 5,617
the penalty is not paid within three months after it is added to 5,618
the regular employer billing, interest at a rate determined by 5,619
127
the board may be charged on the amount of the penalty from the 5,621
date the amount is due to the date of payment.
The secretary of the board, after making a record of all 5,624
such receipts and crediting each employee's individual account 5,625
with the amount deducted from the employee's salary, shall 5,626
deposit the receipts with the treasurer of state for use as 5,627
provided by this chapter. Where an employer fails to deduct 5,628
contributions for any employee and transmit such amounts to the 5,629
fund, the board may make a determination of the employee's 5,630
liability for contributions and certify to the employer the 5,631
amounts due for collection in the same manner and subject to the 5,632
same penalties as payments due the employer's contributions 5,633
funds. 5,634
Sec. 742.33. (A) Each employer shall pay quarterly, on 5,643
such dates as the board of trustees of the OHIO police and 5,644
firemen's disability and FIRE pension fund requires, from its 5,646
general fund, or from a levy imposed pursuant to division (J) or 5,648
(W) of section 5705.19 of the Revised Code, to the fund an amount 5,649
known as the "police employer's OFFICER EMPLOYERS' contribution," 5,652
which shall be nineteen and one-half per cent of the salaries as 5,654
defined in division (L) of section 742.01 of the Revised Code of 5,656
the members of the police department of the employer. 5,657
(B) The taxing authority of each municipal corporation in 5,659
which there was a police relief and pension fund on October 1, 5,660
1965, shall annually, in the manner provided for making other 5,661
municipal levies and in addition to all other levies authorized 5,662
by law, levy a tax of three-tenths of one mill upon all the real 5,663
and personal property as listed for taxation in the municipal 5,664
corporation for the purpose of paying the police employer's 5,666
OFFICER EMPLOYERS' contribution and the municipal corporation's 5,667
accrued liability for its former police relief and pension fund 5,668
and interest thereon, and of defraying the current operating 5,669
expenses of the municipal corporation. The annual revenues 5,670
derived from the tax shall be used in the following order: 5,671
128
(1) First, to pay the current police employer's OFFICER 5,673
EMPLOYERS' contribution and any interest related thereto; 5,675
(2) Second, to pay any accrued liability chargeable to the 5,677
municipal corporation during the current calendar year for its 5,678
former police relief and pension fund and any interest related 5,679
thereto; 5,680
(3) Third, to defray the current operating expenses of the 5,682
municipal corporation. 5,683
Sec. 742.34. (A) Each employer shall pay quarterly, on 5,692
such dates as the board of trustees of the OHIO police and 5,693
firemen's disability and FIRE pension fund requires, from its 5,695
general fund, or from a levy imposed pursuant to division (I) or 5,697
(W) of section 5705.19 of the Revised Code, to the fund an amount 5,698
known as the "firefighters employer's FIREFIGHTER EMPLOYERS' 5,699
contribution," which shall be twenty-four per cent of the 5,702
salaries as defined in division (L) of section 742.01 of the 5,703
Revised Code of the members of the fire department of the 5,705
employer.
(B) The taxing authority of each municipal corporation in 5,707
which there was a firemen's relief and pension fund on October 1, 5,708
1965, shall annually, in the manner provided for making other 5,709
municipal levies and in addition to all other levies authorized 5,710
by law, levy a tax of three-tenths of one mill upon all the real 5,711
and personal property as listed for taxation in the municipal 5,712
corporation for the purpose of paying the firefighters employer's 5,714
FIREFIGHTER EMPLOYERS' contribution and the municipal 5,715
corporation's accrued liability for its former firemen's relief 5,716
and pension fund and interest thereon, and of defraying the 5,718
current operating expenses of the municipal corporation. The 5,719
annual revenues derived from the tax shall be used in the 5,720
following order:
(1) First, to pay the current firefighters employer's 5,722
FIREFIGHTER EMPLOYERS' contribution and any interest related 5,724
thereto;
129
(2) Second, to pay any accrued liability chargeable to the 5,726
municipal corporation during the current calendar year for its 5,727
former firemen's relief and pension fund and any interest related 5,728
thereto; 5,729
(3) Third, to defray the current operating expenses of the 5,731
municipal corporation. 5,732
Sec. 742.35. Each employer shall pay its annual police 5,742
employer's OFFICER EMPLOYERS' contribution and firefighters 5,743
employer's FIREFIGHTER EMPLOYERS' contribution in four equal 5,745
installments promptly as provided in sections 742.33 and 742.34 5,746
of the Revised Code. Sixty days after the date an installment is 5,747
due, any amounts which remain unpaid shall be subject to a 5,749
penalty for late payment in the amount of five per cent. In 5,750
addition, interest on past due accounts and penalties may be 5,751
charged at a rate determined by the retirement board OF TRUSTEES 5,752
OF THE OHIO POLICE AND FIRE PENSION FUND from the date the 5,753
installment is due to the date of payment. 5,754
Upon certification by the board to the county auditor of an 5,756
amount due from any employer within the county who is subject to 5,757
this chapter, by reason of such employer's delinquency in making 5,758
employer contribution payments to the fund for past years, such 5,759
amount shall be withheld from such employer from any funds in the 5,760
hands of the county treasurer for distribution to such employer. 5,761
Upon receipt of such certification, the county auditor shall draw 5,762
a warrant against such funds in favor of the fund for the amount. 5,763
Sec. 742.36. The treasurer of state shall pay in August 5,772
1981 and each August thereafter from appropriations made for such 5,773
purposes to the OHIO police and firemen's disability and FIRE 5,775
pension fund one million two hundred thousand dollars which shall 5,777
be known as the "state contribution." Upon receipt of such state
contribution, the board of trustees of the OHIO police and 5,778
firemen's FIRE pension fund shall place the state contribution in 5,781
the guarantee fund to be distributed in accordance with division 5,782
(G) of section 742.59 of the Revised Code. 5,783
130
Sec. 742.361. On or before the first day of August in 1982 5,792
and on or before the first day of August in each year thereafter, 5,793
the board of trustees of the OHIO police and firemen's disability 5,794
and FIRE pension fund shall certify to the treasurer of state the 5,797
amount required to be paid in the preceding fiscal year to 5,798
persons first receiving a benefit or allowance prior to July 1,
1981, under divisions (D), (E), (F), and (H)(2), (3), and (4) of 5,799
section 742.37 and by sections 742.377 and 742.3710 of the 5,800
Revised Code. Upon receipt of such certification, the treasurer 5,801
of state shall pay to the fund the amount certified. 5,802
Sec. 742.362. In lieu of an employer contribution to pay 5,811
part of the cost of the benefits provided under section 742.52 of 5,812
the Revised Code, the treasurer of state shall make a payment to 5,813
the OHIO police and firemen's disability and FIRE pension fund in 5,816
August, 1981 and each August thereafter from appropriations made 5,818
for the purpose by the general assembly.
Sec. 742.37. The board of trustees of the OHIO police and 5,827
firemen's disability and FIRE pension fund shall adopt rules for 5,829
the management of the fund and for the disbursement of benefits 5,830
and pensions as set forth in this section and section 742.39 of 5,832
the Revised Code. Any payment of a benefit or pension under this 5,834
section is subject to the provisions of section 742.461 of the 5,835
Revised Code. Notwithstanding any other provision of this 5,836
section, no pension or benefit paid or determined under division 5,837
(B) or (C) of this section or section 742.39 of the Revised Code 5,838
shall exceed the limit established by section 415 of the 5,839
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 5,840
as amended.
(A) Persons who were receiving benefit or pension payments 5,842
from a police relief and pension fund established under former 5,843
section 741.32 of the Revised Code, or from a firemen's relief 5,844
and pension fund, established under former section 521.02 or 5,846
741.02 of the Revised Code, at the time the assets of the fund 5,848
were transferred to the OHIO POLICE AND FIRE PENSION FUND, KNOWN 5,849
131
AT THAT TIME AS THE police and firemen's disability and pension 5,851
fund, shall receive benefit and pension payments from the OHIO 5,852
police and firemen's disability and FIRE pension fund in the same 5,854
amount and subject to the same conditions as such payments were 5,856
being made from the former fund on the date of the transfer. 5,858
(B) A member of the fund who, pursuant to law, elected to 5,860
receive benefits and pensions from a police relief and pension 5,861
fund established under former section 741.32 of the Revised Code, 5,863
or from a firemen's relief and pension fund established under 5,865
former section 741.02 of the Revised Code, in accordance with the 5,866
rules of the fund governing the granting of benefits or pensions 5,868
therefrom in force on April 1, 1947, shall receive benefits and 5,869
pensions from the OHIO police and firemen's disability and FIRE 5,870
pension fund in accordance with such rules; provided, that any 5,872
member of the fund who is not receiving a benefit or pension from 5,873
the fund on August 12, 1975, may, upon application for a benefit 5,874
or pension to be received on or after August 12, 1975, elect to 5,875
receive a benefit or pension in accordance with division (C) of 5,876
this section.
(C) Members of the fund who have not elected to receive 5,878
benefits and pensions from a police relief and pension fund or a 5,879
firemen's relief and pension fund in accordance with the rules of 5,881
the fund in force on April 1, 1947, shall receive pensions and 5,883
benefits in accordance with the following provisions:
(1) A member of the fund who has completed twenty-five 5,885
years of active service in a police or fire department and has 5,886
attained forty-eight years of age may, at the member's election, 5,888
retire from the police or fire department, and upon notifying the 5,889
board in writing of the election, shall receive an annual 5,890
pension, payable in twelve monthly installments, in an amount 5,892
equal to a percentage of the member's average annual salary. The 5,893
percentage shall be the sum of two and one-half per cent for each 5,895
of the first twenty years the member was in the active service of 5,896
the department, plus two per cent for each of the twenty-first to 5,898
132
twenty-fifth years the member was in the active service of the 5,899
department, plus one and one-half per cent for each year in 5,901
excess of twenty-five years the member was in the active service 5,902
of the department. The annual pension shall not exceed 5,903
seventy-two per cent of the member's average annual salary. 5,904
A member who completed twenty-five years of active service, 5,907
has resigned or been discharged, and has left the sum deducted 5,909
from the member's salary on deposit in the pension fund shall, 5,910
upon attaining forty-eight years of age, be entitled to receive a 5,912
normal service pension benefit computed and paid under division 5,913
(C)(1) of this section.
(2) A member of the fund who has served fifteen or more 5,915
years as an active member of a police or fire department and who 5,916
voluntarily resigns or is discharged from the department for any 5,918
reason other than dishonesty, cowardice, intemperate habits, or 5,919
conviction of a felony, shall receive an annual pension, payable 5,920
in twelve monthly installments, in an amount equal to one and 5,921
one-half per cent of the member's average annual salary 5,922
multiplied by the number of full years the member was in the 5,924
active service of the department. The pension payments shall not 5,925
commence until the member has attained the age of forty-eight 5,927
years and until twenty-five years have elapsed from the date on 5,928
which the member became a full-time regular police officer or 5,930
firefighter in the department. 5,931
(3) A member of the fund who has completed fifteen or more 5,933
years of active service in a police or fire department and who 5,934
has attained sixty-two years of age, may retire from the 5,935
department and, upon notifying the board in writing of the 5,936
election to retire, shall receive an annual pension, payable in 5,937
twelve monthly installments, in an amount equal to a percentage 5,938
of the member's average annual salary. The percentage shall be 5,940
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, 5,942
plus two per cent for each of the twenty-first to twenty-fifth 5,944
133
years the member was in the active service of the department, 5,946
plus one and one-half per cent for each year in excess of 5,948
twenty-five years the member was in the active service of the 5,950
department. The annual pension shall not exceed seventy-two per 5,952
cent of the member's average annual salary. 5,953
(4) With the exception of those persons who may make 5,955
application for benefits as provided in section 742.26 of the 5,957
Revised Code, no person receiving a pension or other benefit 5,958
under division (C) of this section on or after July 24, 1986, 5,959
shall be entitled to apply for any new, changed, or different 5,960
benefit.
If a member covered by division (C) of this section or 5,962
section 742.38 of the Revised Code dies prior to the time the 5,964
member has received a payment and leaves a surviving spouse or 5,966
dependent child, the surviving spouse or dependent child shall 5,967
receive a pension under division (D) or (E) of this section. 5,968
(D)(1) Except as provided in division (D)(2) of this 5,971
section, a surviving spouse of a deceased member of the fund
shall receive a monthly pension as follows: 5,973
(a) For the period beginning July 1, 1999, and ending June 5,977
30, 2000, five hundred fifty dollars; 5,978
(b) For the period beginning July 1, 2000, and the first 5,981
day of July of each year thereafter and continuing for the 5,983
following twelve months, an amount equal to the monthly amount 5,984
paid during the prior twelve-month period plus an amount 5,985
determined by multiplying five hundred fifty dollars by the 5,987
average percentage change in the consumer price index, not 5,988
exceeding three per cent, as determined each year by the board 5,989
under section 742.3716 of the Revised Code. 5,991
(2) A surviving spouse of a deceased member of the fund 5,993
shall receive a monthly pension of four hundred ten dollars if 5,995
one of the following is the case: 5,996
(a) At the time of death, the deceased member had been 5,999
awarded a pension under this chapter based on age and service; 6,000
134
(b) The surviving spouse is eligible for a benefit under 6,003
section 742.3714 or division (B) or (D) of section 742.63 of the 6,004
Revised Code. If the surviving spouse ceases to be eligible for 6,006
a benefit under division (B) or (D) of section 742.63 of the 6,007
Revised Code, the pension shall be increased, effective the first 6,009
day of the first month following the day on which the surviving 6,010
spouse ceases to be eligible for the benefit, to the amount it 6,011
would be under division (D)(1) of this section had the spouse 6,012
never been eligible for a benefit under division (B) or (D) of 6,013
section 742.63 of the Revised Code. 6,016
(3) A pension paid under this division shall continue 6,019
during the natural life of the surviving spouse. Benefits to a 6,021
deceased member's surviving spouse that were terminated under a 6,023
former version of this section that required termination due to 6,024
remarriage and were not resumed prior to September 16, 1998, 6,026
shall resume on the first day of the month immediately following 6,027
receipt by the board of an application on a form provided by the 6,028
board.
(E) Each surviving child of a deceased member of the fund 6,031
shall receive a monthly pension of one hundred fifty dollars 6,033
until the child attains the age of eighteen years, or marries, 6,035
whichever event occurs first. A pension under this division, 6,037
however, shall continue to be payable to a child under age 6,038
twenty-two who is a student in and attending an institution of 6,039
learning or training pursuant to a program designed to complete 6,040
in each school year the equivalent of at least two-thirds of the 6,041
full-time curriculum requirements of the institution, as 6,042
determined by the board. If any surviving child, regardless of 6,045
age at the time of the member's death, because of physical or 6,046
mental disability, is totally dependent upon the deceased member 6,048
for support at the time of death, the child shall receive a 6,049
monthly pension under this division during the child's natural 6,052
life or until the child has recovered from the disability. 6,053
(F) If a deceased member of the fund leaves no surviving 6,055
135
spouse or surviving children, but leaves two parents dependent 6,056
upon the deceased member for support, each parent shall be paid a 6,058
monthly pension of one hundred dollars. If there is only one 6,059
parent dependent upon the member for support, the parent shall be 6,061
paid a monthly pension of two hundred dollars. The pensions 6,063
provided for in this division shall be paid during the natural
life of the surviving parents, or until dependency ceases, or 6,064
until remarriage, whichever event occurs first. 6,065
(G) Subject to the provisions of section 742.461 of the 6,067
Revised Code, a member of the fund who voluntarily resigns or is 6,069
removed from active service in a police or fire department is 6,070
entitled to receive an amount equal to the sums deducted from the 6,071
member's salary and credited to the member's account in the fund, 6,072
except that a member receiving a disability benefit or service 6,073
pension is not entitled to receive any return of contributions to 6,074
the fund.
(H) On and after January 1, 1970, all pensions shall be 6,076
increased in accordance with the following provisions: 6,077
(1) A member of the fund who retired prior to January 1, 6,079
1967, has attained age sixty-five on January 1, 1970, and was 6,080
receiving a pension on December 31, 1969, pursuant to division 6,081
(B) or (C)(1) of this section or former division (C)(2), (3), 6,083
(4), or (5) of this section, shall have the pension increased by 6,084
ten per cent.
(2) The monthly pension payable to eligible surviving 6,086
spouses under division (D) of this section shall be increased by 6,087
forty dollars for each surviving spouse receiving a pension on 6,088
December 31, 1969. 6,089
(3) The monthly pension payable to each eligible child 6,091
under division (E) of this section shall be increased by ten 6,092
dollars for each child receiving a pension on December 31, 1969. 6,093
(4) The monthly pension payable to each eligible dependent 6,095
parent under division (F) of this section shall be increased by 6,096
thirty dollars for each parent receiving a pension on December 6,097
136
31, 1969. 6,098
(5) A member of the fund, including a survivor of a 6,100
member, who is receiving a pension in accordance with the rules 6,101
governing the granting of pensions and benefits in force on April 6,102
1, 1947, that provide an increase in the original pension from 6,104
time to time pursuant to changes in the salaries of active 6,105
members, shall not be eligible for the benefits provided in this 6,106
division. 6,107
(I) On and after January 1, 1977, a member of the fund who 6,109
was receiving a pension or benefit on December 31, 1973, under 6,110
division (A), (B), (C)(1), or former division (C)(2) or (7) of 6,112
this section shall have the pension or benefit increased as 6,113
follows:
(1) If the member's annual pension or benefit is less than 6,115
two thousand seven hundred dollars, it shall be increased to 6,117
three thousand dollars. 6,118
(2) If the member's annual pension or benefit is two 6,120
thousand seven hundred dollars or more, it shall be increased by 6,122
three hundred dollars. 6,123
The following shall not be eligible to receive increased 6,125
pensions or benefits as provided in this division: 6,126
(a) A member of the fund who is receiving a pension or 6,128
benefit in accordance with the rules in force on April 1, 1947, 6,129
governing the granting of pensions and benefits, which provide an 6,130
increase in the original pension or benefit from time to time 6,131
pursuant to changes in the salaries of active members; 6,132
(b) A member of the fund who is receiving a pension or 6,134
benefit under division (A) or (B) of this section, based on 6,135
funded volunteer or funded part-time service, or off-duty 6,136
disability, or partial on-duty disability, or early vested 6,137
service; 6,138
(c) A member of the fund who is receiving a pension under 6,140
division (C)(1) of this section, based on funded volunteer or 6,141
funded part-time service. 6,142
137
(J) On and after July 1, 1977, a member of the fund who 6,144
was receiving an annual pension or benefit on December 31, 1973, 6,145
pursuant to division (B) of this section, based upon partial 6,146
disability, off-duty disability, or early vested service, or 6,147
pursuant to former division (C)(3), (5), or (6) of this section, 6,148
shall have such annual pension or benefit increased by three 6,149
hundred dollars. 6,150
The following are not eligible to receive the increase 6,152
provided by this division: 6,153
(1) A member of the fund who is receiving a pension or 6,155
benefit in accordance with the rules in force on April 1, 1947, 6,156
governing the granting of pensions and benefits, which provide an 6,157
increase in the original pension or benefit from time to time 6,158
pursuant to changes in the salaries of active members; 6,159
(2) A member of the fund who is receiving a pension or 6,161
benefit under division (B) or (C)(2) of this section or former 6,163
division (C)(3), (5), or (6) of this section based on volunteer 6,164
or part-time service.
(K)(1) Except as otherwise provided in this division, 6,166
every person who on July 24, 1986, is receiving an age and 6,167
service or disability pension, allowance, or benefit pursuant to 6,168
this chapter in an amount less than thirteen thousand dollars a 6,169
year that is based upon an award made effective prior to February 6,170
28, 1984, shall receive an increase of six hundred dollars a year 6,171
or the amount necessary to increase the pension or benefit to 6,172
four thousand two hundred dollars after all adjustments required 6,173
by this section, whichever is greater. 6,174
(2) Division (K)(1) of this section does not apply to the 6,176
following: 6,177
(a) A member of the fund who is receiving a pension or 6,179
benefit in accordance with rules in force on April 1, 1947, that 6,180
govern the granting of pensions and benefits and that provide an 6,181
increase in the original pension or benefit from time to time 6,182
pursuant to changes in the salaries of active members; 6,183
138
(b) A member of the fund who is receiving a pension or 6,185
benefit based on funded volunteer or funded part-time service. 6,186
(L) On and after July 24, 1986: 6,188
(1) The pension of each person receiving a pension under 6,190
division (D) of this section on July 24, 1986, shall be increased 6,191
to three hundred ten dollars per month. 6,192
(2) The pension of each person receiving a pension under 6,194
division (E) of this section on July 24, 1986, shall be increased 6,195
to ninety-three dollars per month. 6,196
Sec. 742.371. (A) As used in this section, "lay off" has 6,205
the same meaning as in division (A) of section 742.27 of the 6,206
Revised Code. 6,207
(B) A member of the fund who has voluntarily resigned or 6,209
who voluntarily resigns or who has been or is removed from active 6,210
service in a police or fire department for any reason other than 6,211
a lay off that was involuntary, as certified pursuant to division 6,212
(C) of this section, and receives or has received from a police 6,213
relief and pension fund under division (I) of former section 6,214
741.49 of the Revised Code, or from a firemen's relief and 6,215
pension fund under division (I) of former section 741.18 of the 6,216
Revised Code, or from a township firemen's relief and pension 6,218
fund under division (I) of former section 521.11 of the Revised 6,219
Code, or from the OHIO police and firemen's disability and FIRE 6,221
pension fund under division (G) of section 742.37 of the Revised 6,222
Code, an amount equal to the sum deducted from the member's 6,223
salary and credited to one of such funds shall, upon 6,224
reinstatement to the active service of such police or fire 6,226
department, deposit with the OHIO police and firemen's disability 6,228
and FIRE pension fund an amount equal to the sum so received by 6,230
the member, with interest compounded annually thereon, at a rate 6,232
to be determined by the board of trustees of the OHIO police and 6,234
firemen's disability and FIRE pension fund, from the date of such 6,235
receipt to the date of such deposit. The member may choose to 6,236
purchase only part of such credit in any one payment, subject to 6,237
139
board rules. Such member shall not be entitled to receive any 6,238
pension or benefit payments under division (B) or (C) of section 6,239
742.37 or section 742.39 of the Revised Code until the member has 6,241
made the deposit required by this section. 6,242
(C) A member of the fund who has been or is removed from 6,244
active service in a police or fire department as a result of a 6,245
lay off that was involuntary, as certified pursuant to this 6,246
division, and receives or has received from a police relief and 6,247
pension fund under division (I) of former section 741.49 of the 6,248
Revised Code, or from a firemen's relief and pension fund under 6,249
division (I) of former section 741.18 of the Revised Code, or 6,250
from a township firemen's relief and pension fund under division 6,251
(I) of former section 521.11 of the Revised Code, or from the 6,253
OHIO police and firemen's disability and FIRE pension fund under 6,254
division (G) of section 742.37 of the Revised Code, an amount 6,255
equal to the sum deducted from the member's salary and credited 6,256
to one of such funds may, upon reinstatement to the active 6,258
service of such police or fire department, deposit with the OHIO 6,259
police and firemen's disability and FIRE pension fund an amount 6,261
equal to the sum so received by the member, with interest 6,262
compounded annually thereon, at a rate to be determined by the 6,263
board of trustees of the OHIO police and firemen's disability and 6,265
FIRE pension fund from the date of such receipt to the date of 6,267
such deposit. The member may choose to purchase only part of 6,268
such credit in any one payment, subject to board rules.
If any police or fire department reinstates a member of the 6,270
fund who was removed from active service in that police or fire 6,271
department as a result of a lay off that was involuntary, the 6,272
police or fire department shall upon the request of that member 6,273
certify to the fund that the member was removed from active 6,274
service in that police or fire department as a result of a lay 6,275
off that was involuntary. 6,276
Sec. 742.372. A member of the fund who is in the active 6,285
service of a police department and is not receiving a pension or 6,286
140
benefit payment from the OHIO police and firemen's disability and 6,288
FIRE pension fund shall, in computing years of active service in 6,289
such department under division (C) of section 742.37 or section 6,290
742.39 of the Revised Code, be given credit for the time served 6,292
in the active service of another Ohio police or fire department, 6,293
provided both of the following occur: 6,294
(A) The member was a member of a police or firemen's 6,296
relief and pension fund or the OHIO police and firemen's 6,298
disability and FIRE pension fund during the full time for which 6,300
such active service credit is claimed. 6,301
(B) The member pays into the OHIO police and firemen's 6,303
disability and FIRE pension fund the amount received by the 6,305
member under division (I) of former section 521.11, division (I) 6,307
of former section 741.18, division (I) of former section 741.49, 6,308
or division (G) of section 742.37 of the Revised Code, with 6,309
interest compounded annually thereon at a rate to be determined 6,310
by the board of trustees of the OHIO police and firemen's 6,311
disability and FIRE pension fund, from the date of such receipt 6,314
to the date of such deposit, or there is to the member's credit 6,315
in the policemen's POLICE OFFICERS' contribution fund an amount 6,316
equal to the sums contributed by the member to such police or 6,317
firemen's relief and pension fund or to the OHIO police and 6,319
firemen's disability and FIRE pension fund for the full time for 6,321
which such active service credit is claimed. 6,322
Sec. 742.373. A member of the fund who is in the active 6,331
service of a fire department and is not receiving a pension or 6,332
benefit payment from the OHIO police and firemen's disability and 6,334
FIRE pension fund shall, in computing years of active service in 6,335
such department under division (C) of section 742.37 or section 6,336
742.39 of the Revised Code, be given credit for time served in 6,338
the active service of another Ohio police or fire department, 6,339
provided both of the following occur: 6,340
(A) The member was a member of a police or firemen's 6,342
relief and pension fund or the OHIO police and firemen's 6,343
141
disability and FIRE pension fund during the full time for which 6,345
such active service credit is claimed. 6,346
(B) The member pays into the OHIO police and firemen's 6,348
disability and FIRE pension fund the amount received by the 6,350
member under division (I) of former section 521.11, division (I) 6,351
of former section 741.18, division (I) of former section 741.49, 6,352
or division (G) of section 742.37 of the Revised Code, with 6,353
compound interest thereon at a rate to be determined by the board 6,354
of trustees of the OHIO police and firemen's disability and FIRE 6,356
pension fund, from the date of such receipt to the date of such 6,358
deposit, or there is to the member's credit in the firemen's 6,360
FIREFIGHTERS' contribution fund an amount equal to the sums 6,361
contributed by the member to such police or firemen's relief and 6,362
pension fund or to the OHIO police and firemen's disability and 6,364
FIRE pension fund for the full time for which such active service 6,365
credit is claimed. A member may choose to purchase only part of 6,366
such credit in any one payment, subject to board rules. 6,367
Sec. 742.374. On and after December 31, 1971, all persons 6,376
who retired and were eligible to receive a pension that was 6,377
payable prior to July 1, 1968, pursuant to division (B) of 6,378
section 742.37 of the Revised Code, and all persons who qualified 6,379
for a payment under division (C)(1) of such section or division 6,381
(C)(2), (3), (4), or (5) of former section 742.37 of the Revised 6,382
Code prior to such date shall receive an additional monthly 6,383
payment of two dollars for each year between the member's 6,384
effective date of retirement or disability and December 31, 1971, 6,385
or an additional fifty dollars, whichever is less. 6,386
This section does not apply to persons included under 6,388
division (H)(2) of section 742.37 of the Revised Code. 6,389
On or before the first day of August in each year, the 6,391
board of trustees of the OHIO police and firemen's disability and 6,393
FIRE pension fund shall certify to the treasurer of state the 6,394
amount required to be paid in the preceding fiscal year under 6,395
this section. Upon receipt of such certification, the treasurer 6,396
142
of state shall pay to the fund the amount certified. 6,397
Sec. 742.375. A member of the fund who is in the active 6,406
service of a police or fire department and is not receiving a 6,407
pension or benefit payment from the OHIO police and firemen's 6,409
disability and FIRE pension fund shall, in computing years of 6,410
active service in such department under division (C) of section 6,412
742.37 or section 742.39 of the Revised Code, be given full 6,414
credit for the time served in the state highway patrol retirement 6,415
system, provided such member pays into the OHIO police and 6,416
firemen's disability and FIRE pension fund the amount received by 6,418
the member under section 5505.19 of the Revised Code, with 6,420
interest compounded annually thereon at a rate to be determined 6,421
by the board OF TRUSTEES OF THE OHIO POLICE AND FIRE PENSION FUND 6,422
from the date of such receipt to the date of such deposit. The 6,423
member may choose to purchase only part of such credit in any one 6,424
payment, subject to board rules.
Upon certification by the board of the police and firemen's 6,426
disability and pension fund to the board of the state highway 6,427
patrol retirement system of such payment by the member of the 6,428
fund, the state highway patrol retirement board shall pay from 6,429
the employer's accumulation fund under division (C) of section 6,430
5505.03 of the Revised Code to the OHIO police and firemen's 6,432
disability and FIRE pension fund an amount equal to the payment 6,433
of the member of the fund. 6,435
Sec. 742.376. A member of the fund who is in the active 6,444
service of a police or fire department and is not receiving a 6,445
pension or benefit payment from the OHIO police and firemen's 6,447
disability and FIRE pension fund shall, in computing years of 6,448
active service in such department under division (C) of section 6,450
742.37 or section 742.39 of the Revised Code, be given full 6,451
credit for service as a full-time police officer or firefighter, 6,454
provided that all of the following occur: 6,455
(A) Such service was rendered prior to January 1, 1967. 6,457
(B) The municipal corporation or township, at the time 6,459
143
such service was rendered, had not established a police or 6,460
firemen's relief and pension fund to which the member could 6,462
otherwise have made pension contributions. 6,463
(C) The member was enrolled in the public employees 6,465
retirement system, contributed thereto, and has withdrawn the 6,466
member's retirement contributions. 6,467
(D) The member pays into the OHIO police and firemen's 6,469
disability and FIRE pension fund the amount withdrawn by the 6,470
member from the public employees retirement system, with interest 6,472
compounded annually thereon at a rate to be determined by the 6,473
board from the date of such withdrawal to the date of deposit. 6,474
The member may choose to purchase only part of such credit in any 6,475
one payment, subject to board rules. 6,476
Purchase of such credit in the OHIO police and firemen's 6,478
disability and FIRE pension fund shall forever bar the member 6,479
from reinstating such credit in the public employees retirement 6,480
system. 6,481
Sec. 742.379. (A) As used in this section: 6,490
(1) "Full-time service" has the meaning established by 6,492
rule of the board of trustees of the OHIO police and firemen's 6,494
disability and FIRE pension fund. 6,495
(2) "Qualified contributions" means contributions to the 6,497
public employees retirement system, school employees retirement 6,498
system, or state teachers retirement system attributable to 6,499
full-time service or purchase of credit for service in the armed 6,500
forces of the United States. 6,501
(B) In computing the pension and benefits payable under 6,503
section 742.37 or 742.39 of the Revised Code, the OHIO police and 6,505
firemen's disability and FIRE pension fund shall give a member of 6,507
the fund who is in the active service of a police or fire 6,508
department and is not receiving a pension or benefit payment from 6,509
the fund full credit for service credit earned for full-time 6,510
service as a member of the Cincinnati retirement system or 6,511
purchased from the retirement system for service in the armed 6,513
144
forces of the United States if, for each year of service credit, 6,514
the fund receives the sum of the following: 6,515
(1) An amount, which shall be paid by the member, equal to 6,517
the amount withdrawn by the member from the retirement system 6,519
that is attributable to the year of service credit, with interest 6,520
on that amount from the date of withdrawal to the date of 6,522
payment;
(2) Interest, which shall be paid either by the member or 6,525
the retirement system, on the amount withdrawn by the member from 6,526
the retirement system that is attributable to the year of service
from the last day of the year for which the service credit was 6,528
earned or in which military service credit was purchased or 6,529
obtained to the date the withdrawal was made; 6,530
(3) An amount, which shall be paid by either the member or 6,533
the retirement system, equal to the lesser of the amount
contributed by the employer to the retirement system for the year 6,535
of service or the amount that would have been contributed by the 6,536
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 6,538
department, with interest on that amount from the last day of the 6,539
year for which the service credit was earned or in which military 6,540
service was purchased or obtained to the date the payment is 6,541
made;
(4) If the member became a member of the fund on or after 6,543
the effective date of this amendment SEPTEMBER 16, 1998, the 6,545
amount, which shall be paid by the member, determined pursuant to 6,546
division (I) of this section. 6,547
Interest shall be determined in accordance with division 6,549
(H) of this section. 6,550
(C) In computing the pension and benefits payable under 6,553
section 742.37 or 742.39 of the Revised Code, the fund shall give 6,554
a member of the fund who is in the active service of a police or 6,556
fire department, is not receiving a pension or benefit payment 6,557
from the fund, and has withdrawn the member's contributions from 6,558
145
the public employees retirement system, school employees 6,559
retirement system, or state teachers retirement system full 6,560
credit for service credit earned for full-time service as a 6,561
member of the public employees retirement system, school 6,562
employees retirement system, or state teachers retirement system 6,563
or purchased from one of those retirement systems for service in 6,564
the armed forces of the United States if, for each year of 6,565
service, the fund receives the sum of the following: 6,567
(1) An amount, which shall be paid by the member, equal to 6,570
the amount withdrawn by the member from the former retirement 6,572
system that is attributable to that year of service credit, with 6,574
interest on that amount from the date of withdrawal to the date 6,575
of payment;
(2) Interest, which shall be transferred by the former 6,578
retirement system, on the amount withdrawn by the member from the 6,579
retirement system that is attributable to the year of service
from the last day of the year for which the service credit was 6,580
earned or in which military service credit was purchased or 6,581
obtained to the date the withdrawal was made; 6,582
(3) An amount, which shall be transferred by the former 6,585
retirement system, equal to the lesser of the amount contributed 6,586
by the employer to the retirement system for the year of service 6,587
or the amount that would have been contributed by the employer 6,588
for the year of service had the member been employed by the 6,589
member's current employer as a member of a police or fire 6,590
department, with interest on the amount transferred from the last 6,591
day of the year for which the service credit was earned or in 6,592
which military service credit was purchased or obtained to the 6,594
date the transfer is made;
(4) If the member became a member of the fund on or after 6,597
the effective date of this amendment SEPTEMBER 16, 1998, the 6,599
amount, which shall be paid by the member, determined pursuant to 6,600
division (I) of this section.
On receipt of payment from the member, the fund shall 6,602
146
notify the former retirement system, and on receipt of the 6,603
notice, the retirement system shall make the transfer. Interest 6,604
shall be determined in accordance with division (H) of this 6,606
section.
(D) In computing the pension and benefits payable under 6,608
section 742.37 or 742.39 of the Revised Code, the fund shall give 6,610
a member of the fund who is in the active service of a police or 6,611
fire department, is not receiving a pension or benefit from the 6,612
fund, and has contributions on deposit with the public employees 6,613
retirement system, school employees retirement system, or state 6,614
teachers retirement system full credit for service credit earned 6,615
for full-time service as a member of one of those retirement 6,616
systems or purchased from one of the retirement systems for 6,617
service in the armed forces of the United States if both of the 6,619
following occur: 6,620
(1) The retirement system transfers to the fund, for each 6,623
year of service, the sum of the following: 6,624
(a) An amount equal to the member's qualified 6,627
contributions;
(b) An amount equal to the lesser of the employer's 6,630
qualified contributions to the retirement system or the amount 6,631
that would have been contributed by the employer for the 6,632
full-time service had the member been employed by the member's 6,633
current employer as a member of a police or fire department; 6,634
(c) Interest on the amounts specified in divisions 6,636
(D)(1)(a) and (b) of this section from the last day of the year 6,638
for which the service credit was earned or in which military 6,639
service credit was purchased or obtained to the date the transfer 6,640
is made. 6,641
(2) If the member became a member of the fund on or after 6,644
the effective date of this amendment SEPTEMBER 16, 1998, the 6,645
member pays the amount determined pursuant to division (I) of 6,647
this section.
On receipt of a request from the member, the appropriate 6,650
147
retirement system shall make the transfer specified in division 6,651
(D)(1) of this section. Interest shall be determined in 6,652
accordance with division (H) of this section. 6,653
(E) Subject to board rules, a member of the fund may 6,655
choose to purchase in any one payment only part of the credit the 6,656
member is eligible to purchase under division (B) or (C)(1) of 6,658
this section. 6,659
(F) At the request of the fund, the public employees 6,661
retirement system, school employees retirement system, state 6,662
teachers retirement system, or Cincinnati retirement system shall 6,663
certify to the fund a copy of the records of the service and 6,665
contributions of a member of the fund who seeks service credit 6,666
under this section. 6,667
(G) A member of the fund is ineligible to receive credit 6,670
under this section for service that is used in the calculation of 6,671
any retirement benefit currently being paid or payable in the 6,672
future to the member, or service rendered concurrently with any 6,673
other period for which service credit has already been granted. 6,674
(H) Interest charged under this section shall be 6,677
calculated separately for each year of service credit at the 6,678
lesser of the actuarial assumption rate for that year of the fund 6,679
or of the retirement system in which the credit was earned. The 6,680
interest shall be compounded annually. 6,681
The board may, by rule, establish procedures for the 6,683
receipt of service credit under this section. 6,684
(I) The amount to be paid pursuant to division (B)(4), 6,687
(C)(4), or (D)(2) of this section is the sum of the following: 6,688
(1) An amount equal to the difference between the amount 6,691
the member paid as employee contributions for the service and the 6,692
amount the member would have paid had the member been employed by 6,693
the member's current employer as a member of a police or fire 6,694
department;
(2) An amount equal to the difference between the amount 6,697
paid or transferred under division (B)(3), (C)(3), or (D)(1)(b) 6,698
148
of this section and the amount that would have been contributed 6,699
by the employer for the service had the member been employed by 6,700
the member's current employer as a member of a police or fire 6,702
department;
(3) Interest, determined in accordance with division (H) 6,705
of this section, on the amounts specified in divisions (I)(1) and 6,707
(2) of this section.
At the request of a member, in lieu of requiring payment of 6,710
all or part of the amount determined under this division the fund 6,711
may grant the member an amount of service credit under division 6,712
(B), (C), or (D) of this section that is less than the amount for 6,714
which the member is eligible. The service credit granted shall 6,715
be the same percentage of the service credit for which the member 6,716
is eligible that the amount the fund receives under division (B), 6,717
(C), or (D) of this section is of the total amount it would 6,719
receive under those divisions if the full amount determined under 6,720
this division was paid.
(J)(1) Except as provided in division (J)(2) of this 6,723
section and notwithstanding any contrary provision of this
section, the board shall, in computing a pension or benefit under 6,725
section 742.37 or 742.39 of the Revised Code, give a member of 6,726
the fund who is not receiving a pension or disability benefit 6,727
from the fund full credit for service credit purchased under this 6,728
section for service that was less than full-time service if the 6,729
member provides evidence satisfactory to the board that, after 6,730
receiving written notice from the fund indicating that the member 6,732
would be permitted to purchase service credit for service that
was less than full-time, the member changed or ceased the 6,733
member's employment with the understanding that the credit 6,734
identified in the notice would be used in computing a pension or 6,735
benefit. If the board has canceled service credit purchased 6,737
under this section for service that was less than full-time 6,738
service and the member meets the requirements of division (J)(1) 6,739
of this section, the board shall restore the service credit on 6,740
149
repayment to the fund of the amount refunded to the member at the 6,742
time of cancellation.
(2) If a member of the fund who is not receiving a pension 6,745
or disability benefit from the fund purchased credit under this 6,746
section for service that was less than full-time service and does 6,747
not meet the requirements of division (J)(1) of this section, the 6,748
board shall refund to the member any amounts paid to purchase the 6,750
credit, with interest at a rate determined by the board from the 6,751
date the member purchased the credit to the date of the refund. 6,752
(K) A member of the fund who has purchased service credit 6,754
under this section, or the member's estate, is entitled to a 6,755
refund of the amount or portion of the amount paid to purchase 6,756
the credit if the purchased credit or portion of credit does not 6,757
increase a pension or benefit payable under section 742.37 or 6,758
742.39 of the Revised Code. The refund cancels an equivalent 6,759
amount of service credit. 6,760
(L) If a member or former member of the fund who is not a 6,762
current contributor and has not received a refund of accumulated 6,764
contributions elects to receive credit under section 145.295, 6,765
3307.412, or 3309.351 of the Revised Code for service for which 6,767
the member contributed to the fund or purchased credit for
service in the armed forces of the United States, the fund shall 6,768
transfer to the public employees retirement system, school 6,770
employees retirement system, or state teachers retirement system 6,771
the amount specified in division (A) of section 145.295 of the 6,772
Revised Code, division (A) of section 3307.412 of the Revised 6,774
Code, or division (A) of section 3309.351 of the Revised Code. 6,775
(M) The board shall adopt rules establishing a payroll 6,778
deduction plan for the purchase of service credit under this 6,779
section. The rules shall meet the requirements described in
section 742.56 of the Revised Code. 6,781
Sec. 742.3711. (A) On application for retirement as 6,790
provided in section 742.37 of the Revised Code, a member of the 6,791
fund may elect to receive a retirement allowance payable 6,792
150
throughout the member's life, or may elect, on the application 6,794
for retirement, to receive the actuarial equivalent of the 6,795
member's retirement allowance in a lesser amount payable for life 6,797
and continuing after death to a surviving designated beneficiary 6,798
under one of the following optional plans, provided the amount 6,799
payable to the beneficiary shall not exceed the amount payable to 6,800
the retiring member of the fund, and is certified by the actuary 6,801
engaged by the board of trustees of the OHIO police and firemen's 6,803
disability and FIRE pension fund to be the actuarial equivalent 6,804
of the member's retirement allowance and is approved by the 6,806
board.
(1) Option 1. The member's lesser retirement allowance 6,808
shall be paid for life to the sole beneficiary designated at the 6,810
time of the member's retirement. 6,811
(2) Option 2. One-half or some other portion of the 6,813
member's lesser retirement allowance shall be paid for life to 6,815
the sole beneficiary designated at the time of the member's 6,817
retirement. 6,818
(3) Option 3. Upon the member's death before the 6,820
expiration of a certain period from the retirement date and 6,822
elected by the member and approved by the retirement board, the 6,824
member's lesser retirement allowance shall be continued for the 6,825
remainder of that period to the beneficiary the member has 6,827
nominated by written designation and filed with the retirement 6,829
board.
Should the nominated beneficiary designated in writing 6,831
become deceased prior to the expiration of the guarantee period, 6,832
then for the purpose of completing payment for the remainder of 6,833
the guarantee period, the present value of such payments shall be 6,834
paid to the estate of the beneficiary last receiving. 6,835
(B)(1) On or after February 28, 1980, the death of a 6,837
spouse nominated as beneficiary or the death of any other 6,838
nominated beneficiary following retirement shall cancel any 6,839
optional plan of payment to provide continuing lifetime benefits 6,840
151
to such nominated beneficiary and return the member of the fund 6,841
to the member's single lifetime benefit equivalent, as determined 6,843
by the board, to be effective the month following receipt by the 6,844
board of notice of the death. 6,845
(2) On divorce, annulment, or marriage dissolution, a 6,847
member receiving a retirement allowance under a plan that 6,848
provides for continuation of all or part of the allowance after 6,849
death for the lifetime of the member's surviving spouse may, with 6,851
the written consent of the spouse or pursuant to an order of the 6,852
court with jurisdiction over the termination of the marriage, 6,853
elect to cancel the plan and receive the member's single lifetime 6,855
benefit equivalent as determined by the retirement board. The 6,856
election shall be made on a form provided by the board and shall 6,857
be effective the month following its receipt by the board. 6,858
(C) Following marriage or remarriage, a member of the fund 6,860
may elect not later than one year after the date of marriage or 6,861
remarriage a new optional plan of payment based on the actuarial 6,862
equivalent of the member's single lifetime benefit as determined 6,864
by the board. The plan and the member's lesser retirement 6,865
allowance shall become effective on the date the election is made 6,866
on a form approved by the board. 6,867
(D)(1) Unless one of the following occurs, an application 6,869
for retirement by a married person shall be considered an 6,870
election of a benefit under option 2 as provided for in division 6,871
(A)(2) of this section under which one-half of the lesser 6,872
retirement allowance payable during the life of the retirant will 6,873
be paid after death to the retirant's spouse for life as sole 6,875
beneficiary:
(a) The retirant selects an optional plan under division 6,877
(A) of this section providing for payment after death to the 6,879
retirant's spouse for life as sole beneficiary of more than 6,880
one-half of the lesser retirement allowance payable during the 6,881
life of the retirant; 6,882
(b) The retirant submits to the retirement board a written 6,884
152
statement signed by the spouse attesting that the spouse consents 6,885
to the retirant's election to receive a single lifetime 6,887
retirement allowance or a payment under an optional benefit plan 6,888
under which after the death of the retirant the surviving spouse 6,889
will receive less than one-half of the lesser retirement 6,890
allowance payable during the life of the retirant. 6,891
(2) An application for retirement shall include an 6,894
explanation of all of the following: 6,895
(a) That, if the member is married, unless the spouse 6,898
consents to another plan of payment, the member's retirement 6,899
allowance will be paid under "option 2" and consist of the 6,900
actuarial equivalent of the member's retirement allowance in a 6,901
lesser amount payable for life and one-half of the lesser 6,902
allowance continuing after death to the surviving spouse for the
life of the spouse; 6,903
(b) A description of the alternative plans of payment 6,906
available with the consent of the spouse;
(c) That the spouse may consent to another plan of payment 6,909
and the procedure for giving consent;
(d) That consent is irrevocable once notice of consent is 6,911
filed with the board. 6,912
Consent shall be valid only if it is signed, in writing, 6,915
and witnessed by an employee of the board or a notary public. 6,916
(3) If the retirant does not select an optional plan as 6,918
described in division (D)(1)(a) of this section and the board 6,919
does not receive the written statement provided for in division 6,920
(D)(1)(b) of this section, it shall determine and pay the 6,922
retirement allowance in accordance with division (A)(2) of this 6,923
section, except that the board may provide by rule for waiver by 6,924
the board of the statement and payment of the allowance other 6,925
than in accordance with division (A)(2) of this section if the 6,926
retirant is unable to obtain the statement due to absence or 6,927
incapacity of the spouse or other cause specified by the board. 6,928
(E) A member of the fund who has elected an optional plan 6,930
153
under this section or section 742.3715 of the Revised Code may, 6,931
with the consent of the designated beneficiary, cancel the 6,932
optional plan and receive the retirement allowance payable 6,933
throughout life the member would have received had the member not 6,935
elected the optional plan, if the member makes a request to 6,936
cancel the optional plan not later than one year after the later 6,938
of September 9, 1988, or the date on which the member first 6,939
receives a payment under this section or section 742.3715 of the 6,940
Revised Code. Cancellation of the optional plan shall be 6,941
effective the month after acceptance of the request by the 6,942
trustees of the fund. No payment or adjustment shall be made in 6,943
the retirement allowance payable throughout the member's life to 6,944
compensate for the lesser allowance the member received under the 6,945
optional plan.
The request to cancel the optional plan shall be made on a 6,947
form provided by the fund and shall be valid only if the 6,948
completed form includes a signed statement of the designated 6,949
beneficiary's understanding of and consent to the cancellation. 6,950
The signature shall be verified by the trustees of the fund prior 6,951
to their acceptance of the cancellation. 6,952
(F) Any option elected and payments made under this 6,954
section shall be in addition to any benefit payable under 6,955
divisions (D), (E), and (F) of section 742.37 of the Revised 6,956
Code. 6,957
(G)(1) Except as otherwise provided in this division, a 6,959
person is eligible to receive an additional benefit under this 6,960
division if the person is receiving a retirement allowance or 6,961
benefit under an optional plan elected under this section or 6,963
section 742.3715 of the Revised Code based on an award made prior 6,964
to July 24, 1986, and it is the case that, had the member who 6,965
elected the optional plan elected instead to receive a retirement 6,966
allowance payable throughout the member's life, the amount of 6,967
that retirement allowance would be less than the amount specified 6,969
in division (G)(2) of this section. A person is not eligible to 6,970
154
receive an additional benefit under this section if the person is 6,971
receiving a pension or benefit in accordance with rules in force 6,973
on April 1, 1947, that govern the granting of pensions and 6,974
benefits and that provide an increase in the original pension or 6,975
benefit from time to time pursuant to changes in the salaries of 6,976
active members.
(2) In 1988, the amount used to determine eligibility 6,978
under division (G)(1) of this section shall be eighteen thousand 6,979
dollars. Each year thereafter, the amount shall be the prior 6,980
year's amount plus five hundred dollars. 6,981
(3) On or before the fifteenth day of April of each year, 6,983
the board shall determine the average percentage change in the 6,984
consumer price index prepared by the United States bureau of 6,985
labor statistics (U.S. city average for urban wage earners and 6,986
clerical workers: "all items 1982-84=100") for thetwelve-month 6,987
THE TWELVE-MONTH period prior to the first day of January over 6,989
the next preceding twelve-calendar-month period, as reported by 6,990
the bureau. On a determination by the board that this change is 6,991
an increase or that the change plus the accumulation described in 6,994
division (G)(3) of this section is an increase, the board shall 6,995
increase all benefits payable under this section or section 6,996
742.3715 of the Revised Code to eligible persons by the actuarial 6,997
equivalent of an amount determined by multiplying twelve thousand 6,999
dollars by the percentage of the increase in the consumer price 7,000
index, or that percentage plus the accumulation, except that the 7,001
percentage shall not exceed three per cent and no benefit shall
exceed the limit established by section 415 of the "Internal 7,002
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 7,003
amended. 7,004
Any percentage of change in the consumer price index in any 7,006
year that is in excess of three per cent shall be accumulated and 7,007
used to determine increases under this section in succeeding 7,009
years. Any percentage of change in the consumer price index 7,010
accumulated by an eligible person prior to September 27, 1996, 7,012
155
shall be used in determining any future increases under this 7,013
section. The first additional benefit is payable to all eligible 7,014
persons on July 1, 1988. The additional benefit is payable for 7,015
the ensuing twelve-month period or until the next increase is 7,016
granted under this section, whichever is later. 7,017
The date of the first additional benefit payable under this 7,019
section shall be the anniversary date for future additional 7,020
benefits. 7,021
Sec. 742.3712. (A) Effective July 1, 1981, each person 7,030
eligible to receive an age and service or disability pension, 7,031
allowance, or benefit pursuant to Chapter 742. of the Revised 7,032
Code that was based upon an award made effective before January 7,033
1, 1974, shall have his THE PERSON'S monthly pension increased by 7,035
five per cent, except that the twelve-month sum of such increase 7,036
shall not exceed five per cent of the first five thousand dollars 7,037
of the annual pension allowance or benefit. 7,038
A member of the OHIO police and firemen's disability and 7,041
FIRE pension fund or a survivor who is receiving a pension or 7,042
benefit in accordance with the rules in force on April 1, 1947, 7,043
governing the granting of pensions and benefits, which provide an 7,044
increase in the original pension or benefit from time to time 7,045
pursuant to changes in the salaries of active members, shall not 7,046
be eligible to receive the increase provided by this section. 7,047
(B) Effective July 1, 1981, each person eligible to 7,049
receive a survivor's benefit pursuant to Chapter 742. of the 7,050
Revised Code that was based upon an award made effective before 7,051
July 1, 1981, shall have his THE PERSON'S monthly benefit 7,052
increased by five per cent, except that the twelve-month sum of 7,054
such increases shall not exceed five per cent of the first five 7,055
thousand dollars of the annual benefit. 7,056
(C) The increases provided in divisions (A) and (B) of 7,058
this section shall be applied to the benefit payable on and after 7,059
July 1, 1981. 7,060
(D) The benefits provided in divisions (A) and (B) of this 7,062
156
section are a continuation of those first provided in Am. Sub. H. 7,064
B. 204 as passed by the 113th general assembly.
(E) On or before the first day of August 1, 1982, and on 7,066
or before the first day of August in each year thereafter, the 7,067
board of trustees of the OHIO police and firemen's disability and 7,069
FIRE pension fund shall certify to the treasurer of state the 7,070
amounts needed to pay the cost of the additional payments 7,071
required under this section for the preceding fiscal year. Upon 7,072
receipt of these certifications, the treasurer of state shall pay 7,073
the amount certified. 7,074
Sec. 742.3713. (A) On and after November 15, 1981, a 7,083
member of the OHIO police and firemen's disability and FIRE 7,086
pension fund who is receiving a pension or benefit effective 7,087
prior to February 28, 1980, under division (A), (B), or (C) of 7,088
section 742.37 or division (C)(2), (3), (4), or (5) of former 7,090
section 742.37 of the Revised Code shall have such pension or 7,091
benefit increased by forty-six dollars.
The following are not eligible to receive the increase 7,093
provided by this division: 7,094
(1) A member of the fund who is receiving a pension or 7,096
benefit in accordance with the rules in force on April 1, 1947, 7,097
governing the granting of pensions and benefits, which provide an 7,098
increase in the original pension or benefit from time to time 7,099
pursuant to changes in the salaries of active members; 7,100
(2) A member of the fund who is receiving a pension or 7,102
benefit under division (A), (B), or (C) of section 742.37 of the 7,103
Revised Code based on volunteer or part-time service. 7,104
(B) Each surviving spouse who on November 15, 1981, is 7,106
receiving a pension pursuant to division (D) of section 742.37 of 7,108
the Revised Code as it was in effect prior to such date shall 7,110
have the monthly pension increased forty-six dollars.
Sec. 742.3714. As used in this section, "contingent 7,119
dependent beneficiary" means a person so designated pursuant to 7,120
this section by a member or former member of the OHIO police and 7,122
157
firemen's disability and FIRE pension fund. 7,123
Prior to retiring under section 742.37 of the Revised Code, 7,125
a member or former member of the fund who is, or within twelve 7,126
months will be, eligible to retire and receive a pension or 7,127
benefit under division (C)(1) or (3) of section 742.37 of the 7,129
Revised Code may designate one dependent, not the member's or 7,130
former member's spouse, as the contingent dependent beneficiary. 7,132
The determination of what constitutes a dependent for the 7,133
purposes of this section shall be made by the board of trustees 7,134
of the fund in accordance with rules adopted pursuant to this 7,135
section. The designation shall be made on a form provided by the 7,136
board and shall be filed with the board. The designation may be 7,137
changed or withdrawn in accordance with rules adopted by the 7,138
board pursuant to this section. The designation shall be used 7,139
only for the purposes of this section and shall cease to have 7,140
effect if the member or former member retires under section 7,141
742.37 of the Revised Code, or dies prior to retirement and is 7,142
survived by a spouse. The board shall annually inform members 7,143
and eligible former members of the fund of the right to designate 7,144
a contingent dependent beneficiary under this section. 7,145
In addition to any other pension, allowance, or benefit 7,147
payable under this chapter, the surviving spouse of a deceased 7,148
member or former member of the fund who at the time of the 7,149
member's or former member's death was eligible to retire and 7,150
receive a pension or benefit under division (C)(1) or (3) of 7,152
section 742.37 of the Revised Code, but had not retired, shall 7,154
receive an annual retirement allowance under this section, 7,155
payable in twelve monthly installments. If on the date of death 7,156
of the member or former member there is no surviving spouse, the 7,157
allowance shall be paid to the contingent dependent beneficiary. 7,158
If on such date there is no surviving spouse and no person 7,159
designated as a contingent dependent beneficiary who is 7,160
determined by the board of trustees to be a dependent of the 7,161
member or former member, no allowance or benefit shall be paid 7,162
158
under this section.
The allowance paid under this section shall be an amount 7,164
equal to the amount the surviving spouse or contingent dependent 7,165
beneficiary would have been entitled to receive had the member or 7,166
former member retired effective the day following the date of 7,167
death having selected an option 2 plan under division (A)(2) of 7,168
section 742.3711 of the Revised Code providing for one-half of 7,169
the member's or former member's lesser retirement allowance to be 7,171
paid to the surviving spouse or contingent dependent beneficiary. 7,172
Payments under this section are payable effective the first day 7,173
of the first month following the death of the member or former 7,174
member of the fund.
Sec. 742.3715. (A) A member of the OHIO police and 7,183
firemen's disability and FIRE pension fund who retired under 7,185
section 742.37 of the Revised Code before February 28, 1980, may 7,187
elect to receive the actuarial equivalent of the member's 7,188
retirement allowance in a lesser amount payable for the remainder 7,190
of the member's life and continuing after death to the member's 7,191
spouse under one of the optional plans described under division 7,193
(A)(1) or (2) of section 742.3711 of the Revised Code, provided 7,194
the amount payable under the optional plan elected is certified 7,195
by the actuary engaged by the board of trustees of the OHIO 7,196
police and firemen's disability and FIRE pension fund to be the 7,197
actuarial equivalent of the member's retirement allowance and is 7,199
approved by the board. The election shall be made as follows: 7,200
(1) Not later than ninety days after September 26, 1984, 7,202
the member shall file with the board a notice that the member 7,204
wishes to be eligible to make the election authorized by this 7,205
section. The board shall advise the member with respect to the 7,206
choices available under the optional plans and have a 7,207
determination made of the monthly benefits payable under the 7,208
optional plan elected by the member for inclusion in the 7,209
statement to be filed under division (A)(2) of this section. 7,210
(2) Not later than one year after September 26, 1984, the 7,212
159
member shall file a statement, on a form provided by the board, 7,213
that the member elects to receive benefits under the optional 7,214
benefit plan specified in the statement. 7,215
A request or form that is mailed to the board shall be 7,217
considered to have been filed on its postmark date. 7,218
(B) A member of the fund who retired under section 742.37 7,220
of the Revised Code prior to September 16, 1998, was married at 7,224
the time of retirement, and did not elect one of the optional 7,225
plans under section 742.3711 of the Revised Code may elect to 7,227
receive the actuarial equivalent of the member's retirement 7,228
allowance in a lesser amount payable for the remainder of the 7,229
member's life and continuing after death to the member's spouse 7,230
under one of the optional plans described in division (A)(1) or 7,232
(2) of section 742.3711 of the Revised Code, provided the amount 7,234
payable under the optional plan elected is certified by the 7,235
actuary engaged by the board to be the actuarial equivalent of 7,236
the member's retirement allowance and is approved by the board. 7,238
Not later than thirty days after the effective date of this 7,241
amendment DECEMBER 21, 1998, the board shall provide to all 7,242
members described in this division written notice of the election 7,243
available under this division. The notice shall state that a 7,244
member's failure to elect an optional plan under this division 7,245
will result in the member's spouse, at the time of the member's 7,246
death, being eligible only for a benefit under division (D) of 7,248
section 742.37 of the Revised Code. 7,250
The election shall be made as follows: 7,252
(1) Not later than one hundred twenty days after the 7,254
effective date of this amendment DECEMBER 21, 1998, the member 7,256
shall file with the board a notice that the member wishes to make 7,257
the election authorized by this section. The board shall advise 7,258
the member with respect to the choices available under the 7,259
optional plans and have a determination made of the monthly 7,260
benefits payable under the optional plan elected by the member 7,261
for inclusion in the statement to be filed under division (B)(2) 7,263
160
of this section.
(2) Not later than one year after the effective date of 7,265
this amendment DECEMBER 21, 1998, the member shall file a 7,267
statement, on a form provided by the board, that the member 7,268
elects to receive benefits under the optional plan specified in 7,269
the statement. A request or form that is mailed to the board 7,270
shall be considered to have been filed on its postmark date. 7,271
Benefits under the optional plan shall begin on the first day of 7,272
the first month following the date the statement is filed with 7,273
the board.
(C)(1) The death of the member's spouse shall cancel any 7,275
plan elected pursuant to this section and return the member to 7,276
the member's single lifetime benefit equivalent, as determined by 7,278
the board, to be effective the month following receipt by the 7,279
board of notice of the death. 7,280
(2) On divorce, annulment, or marriage dissolution, a 7,282
member receiving a retirement allowance under a plan that 7,283
provides for continuation of all or part of the allowance after 7,284
death for the lifetime of the member's surviving spouse may, with 7,286
the written consent of the spouse or pursuant to an order of the 7,287
court with jurisdiction over the termination of the marriage, 7,288
elect to cancel the plan and receive the member's single lifetime 7,290
benefit equivalent as determined by the retirement board. The 7,291
election shall be made on a form provided by the board and shall 7,292
be effective the month following its receipt by the board. 7,293
(D) If the member remarries after cancellation under 7,295
division (C)(1) or (2) of this section of an optional plan, the 7,297
member may elect not later than one year after the date of 7,298
remarriage a new optional plan based on the actuarial equivalent 7,300
of the member's single lifetime benefit as determined by the 7,301
board. The plan and the member's lesser retirement allowance 7,303
shall become effective on the date the election is made on a form 7,304
approved by the board. 7,305
(E) Any option elected and payments made under this 7,307
161
section shall be in addition to any benefit payable under 7,308
division (D) of section 742.37 of the Revised Code. 7,309
Sec. 742.3716. (A) As used in this section: 7,318
(1) "Eligible person" means a person who meets all of the 7,320
following conditions: 7,321
(a) Has been receiving a pension or benefit under this 7,323
chapter for one year or more based on an award made on or after 7,324
July 24, 1986; 7,325
(b) Has not made the election provided for in division (B) 7,327
of this section; 7,328
(c) Is not the spouse or survivor of a person who has made 7,330
the election provided for in division (B) of this section; 7,331
(d) Is receiving a benefit in accordance with division 7,333
(A), (B), or (C) of section 742.37, division (C)(2), (3), (4), or 7,335
(5) of former section 742.37, section 742.3711, or section 742.39 7,336
of the Revised Code. 7,337
(2) "Recalculated average annual salary" means the highest 7,339
average annual compensation of a member of the OHIO police and 7,340
firemen's disability and FIRE pension fund during any three years 7,342
of contributions, including amounts included in terminal pay 7,343
attributable to such three years, determined by dividing the 7,344
member's total earnings as an employee during such years by 7,345
three. 7,346
(B)(1) Notwithstanding section 742.37 or 742.39 of the 7,348
Revised Code, a member of the fund who is not receiving a pension 7,350
or benefit under this chapter and who on January 1, 1989, has 7,351
completed fifteen or more years of active service in a police or 7,352
fire department may elect to have any future benefit or pension 7,353
paid to the member or the member's spouse or survivors under this 7,355
chapter calculated on the basis of the member's recalculated 7,356
average annual salary rather than the member's average annual 7,358
salary. The election shall be made by the member prior to or at 7,360
the time of making an election under section 742.3711 of the 7,361
Revised Code.
162
(2) If the member eligible to make the election under 7,363
division (B)(1) of this section dies prior to making the election 7,364
and at the time of death is eligible to retire and receive a 7,365
pension or benefit under division (C)(1) or (3) of section 742.37 7,367
of the Revised Code, the person entitled to receive a benefit 7,368
under section 742.3714 of the Revised Code may make the election 7,369
provided for in division (B)(1) of this section. 7,370
(3) The election under division (B)(1) or (2) of this 7,372
section shall be made on forms provided by the trustees of the 7,373
fund. Once received by the fund, the election shall be 7,374
irrevocable and shall bind the member and any other person who 7,375
receives a pension or benefit based on the member's service. No 7,376
person who receives a pension or benefit calculated in accordance 7,377
with division (B) of this section is eligible to receive a 7,378
cost-of-living allowance under this section. If the person 7,379
making the election receives a benefit under section 742.3714 of 7,380
the Revised Code, that person is not eligible to receive a 7,381
cost-of-living allowance under section 742.3711 of the Revised 7,382
Code. 7,383
(C)(1) On or before the fifteenth DAY of April of each 7,385
year, the board of trustees of the OHIO police and firemen's 7,386
disability and FIRE pension fund shall determine the average 7,388
percentage change in the consumer price index prepared by the 7,389
United States bureau of labor statistics (U.S. City Average for 7,390
Urban Wage Earners and Clerical Workers: "All Items 7,391
1982-84=100") for thetwelve-month THE TWELVE-MONTH period prior 7,393
to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a 7,394
determination by the board that such change is an increase or 7,396
that the change plus the accumulation described in division 7,397
(C)(2) of this section is an increase, the board shall increase 7,398
all benefits payable to eligible persons by a percentage equal to 7,399
the percentage increase in the consumer price index or to that 7,400
increase plus the accumulation, except that the increase shall 7,401
163
not exceed three per cent and no benefit shall exceed the limit 7,403
established by section 415 of the "Internal Revenue Code of 7,404
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 7,405
(2) Any percentage of change in the consumer price index 7,407
in any year that is in excess of three per cent shall be 7,409
accumulated and used to determine increases under this section in 7,411
succeeding years. Any percentage of change in the consumer 7,412
price index accumulated by an eligible person prior to September 7,414
27, 1996, shall be used in determining any future increases under 7,415
this section. The first additional benefit is payable to all 7,416
eligible persons who on July 1, 1988, have been receiving a 7,417
pension or benefit for twelve months or longer. The additional 7,418
benefit is payable for the ensuing twelve-month period or until 7,419
the next increase is granted under this section, whichever is 7,420
later.
The date of the first additional benefit paid under this 7,422
section shall be the anniversary date for future additional 7,423
benefits. The pension or benefit used in the first calculation 7,424
of an additional benefit under this section shall remain as the 7,425
base for all future additional benefits paid under this section, 7,426
unless a new base is established by law. 7,427
(3) Additional benefits paid in years subsequent to the 7,429
year of the first additional benefit paid under this section 7,430
shall be paid to all eligible persons who, on the date that the 7,431
additional benefit is authorized by the board, have been 7,432
receiving a pension or benefit for twelve months. 7,433
Sec. 742.3717. (A)(1) Except as provided in division 7,443
(A)(2) of this section, as used in this section, "eligible 7,444
retirant" means a person who meets all of the following 7,445
conditions:
(a) The person is receiving an annual pension or benefit 7,447
under division (A), (B), or (C) of section 742.37 or division 7,449
(C)(2), (3), (4), or (5) of former section 742.37, of the Revised 7,450
Code based on an award made prior to July 24, 1986. 7,451
164
(b) The person has not elected under section 742.3711 of 7,453
the Revised Code to receive a retirement allowance under an 7,454
optional benefit plan. 7,455
(c) The amount of the annual pension or benefit is less 7,457
than the amount specified in division (B) of this section. 7,458
(2) A person is not an eligible retirant if the person is 7,460
receiving a pension or benefit in accordance with rules in force 7,461
on April 1, 1947, that govern the granting of pensions and 7,462
benefits and that provide an increase in the original pension or 7,463
benefit from time to time pursuant to changes in the salaries of 7,464
active members. 7,465
(B) In 1988, the amount used to determine eligibility 7,467
under division (A)(1)(c) of this section shall be eighteen 7,468
thousand dollars. Each year thereafter, the amount shall be the 7,469
prior year's amount plus five hundred dollars. 7,470
(C)(1) On or before the fifteenth day of April of each 7,472
year, the board of trustees of the OHIO police and firemen's 7,473
disability and FIRE pension fund shall determine the average 7,475
percentage change in the consumer price index prepared by the 7,476
United States bureau of labor statistics (U.S. city average for 7,477
urban wage earners and clerical workers: "all items 7,478
1982-84=100") for thetwelve-month THE TWELVE-MONTH period prior 7,480
to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a 7,481
determination by the board that this change is an increase or 7,484
that the change plus the accumulation described in division 7,485
(C)(2) of this section is an increase, the board shall increase 7,486
all benefits payable to eligible persons by an amount determined 7,488
by multiplying twelve thousand dollars by the percentage of the 7,489
increase in the consumer price index, or that percentage plus the 7,490
accumulation, except that the percentage shall not exceed three 7,491
per cent and no benefit shall exceed the limit established by 7,492
section 415 of the "Internal Revenue Code of 1986," 100 Stat. 7,493
2085, 26 U.S.C.A. 415, as amended.
165
(2) Any percentage of change in the consumer price index 7,495
in any year that is in excess of three per cent shall be 7,496
accumulated and used to determine increases under this section in 7,498
succeeding years. Any percentage of change in the consumer 7,499
price index accumulated by an eligible person prior to September 7,501
27, 1996, shall be used in determining any future increases under 7,502
this section. The first additional benefit is payable to all 7,503
eligible retirants on July 1, 1988. The additional benefit is 7,504
payable for the ensuing twelve-month period or until the next 7,505
increase is granted under this section, whichever is later. 7,506
The date of the first additional benefit payable under this 7,508
section shall be the anniversary date for future additional 7,509
benefits. 7,510
Sec. 742.3718. (A) Except as otherwise provided in this 7,519
division, each person who on September 9, 1988, is receiving a 7,521
pension or benefit of less than five thousand dollars annually 7,523
under division (A) or (B) of section 742.37 of the Revised Code 7,524
on the basis of disability or service of twenty-five years or 7,525
more, under division (C)(1) of that section, or under division 7,526
(C)(2) or (5) of former section 742.37 of the Revised Code shall 7,527
have the pension or benefit increased to five thousand dollars a 7,529
year, effective July 1, 1988. This division does not apply to 7,530
any person receiving a pension or benefit based on funded 7,531
volunteer or funded part-time service.
(B) On and after July 1, 1988: 7,533
(1) The pension of each person receiving a pension or 7,535
benefit under division (D) of section 742.37 of the Revised Code 7,536
shall be increased to four hundred ten dollars a month. 7,537
(2) The pension of each person receiving a pension or 7,539
benefit under division (E) of section 742.37 of the Revised Code 7,540
shall be increased to one hundred eighteen dollars a month. 7,541
(C) Notwithstanding any average annual salary limitation 7,544
in section 742.37 of the Revised Code, each person who on July 1, 7,547
1999, is receiving an annual pension or benefit described in 7,548
166
division (A), (B), or (C)(1) or (3) of that section of less than 7,551
six thousand six hundred dollars shall have the pension increased 7,552
to that amount, effective July 1, 1999. The increase granted 7,554
under this division shall be included in a person's base for the 7,556
purpose of determining future increases under section 742.3716 of 7,557
the Revised Code. 7,558
(D)(1) This division applies to the following persons who 7,560
are receiving a pension under division (D) of section 742.37 of 7,562
the Revised Code: 7,564
(a) On the effective date of this amendment JULY 1, 1999, 7,567
the person is the surviving spouse of a deceased member of the 7,569
fund and is not receiving a benefit under division (B) or (D) of 7,570
section 742.63 of the Revised Code.
(b) No later than one year after the effective date of 7,572
this amendment JULY 1, 1999, the person is the surviving spouse 7,575
of a deceased member of the fund who was retired under section
742.37 of the Revised Code with an effective date of retirement 7,576
before September 16, 1998. 7,577
(2) The monthly pension of each person described in 7,579
division (D)(1) of this section shall be increased as follows: 7,581
(a) For the period beginning July 1, 1999, and ending June 7,585
30, 2000, to five hundred fifty dollars; 7,586
(b) For the period beginning July 1, 2000, and the first 7,589
day of July of each year thereafter and continuing for the 7,591
following twelve months, to an amount equal to the monthly amount 7,592
paid during the prior twelve-month period plus an amount 7,593
determined by multiplying five hundred fifty dollars by the 7,595
average percentage change in the consumer price index, not 7,596
exceeding three per cent, as determined each year by the board of 7,597
trustees of the OHIO police and firemen's disability and FIRE 7,599
pension fund under section 742.3716 of the Revised Code. 7,602
(3) If a person who is receiving a pension under division 7,604
(D) of section 742.37 of the Revised Code and a benefit under 7,607
division (B) or (D) of section 742.63 of the Revised Code ceases 7,611
167
to be eligible for a benefit under division (B) or (D) of section 7,613
742.63 of the Revised Code, the person's monthly pension shall be 7,616
increased, effective the first day of the first month following 7,617
the date on which the person ceases to be eligible for the 7,618
benefit, to the amount it would be under division (D)(2) of this 7,619
section had the person never been eligible for a benefit under 7,620
division (B) or (D) of section 742.63 of the Revised Code. 7,622
(E) The monthly pension of each person receiving a pension 7,625
under division (E) of section 742.37 of the Revised Code shall be 7,627
increased to one hundred fifty dollars effective July 1, 1999. 7,628
(F) Effective July 1, 1999, the monthly pension of each 7,631
person receiving a pension under division (F) of section 742.37 7,632
of the Revised Code shall be increased as follows: 7,635
(1) If there are two dependent parents, to one hundred 7,637
dollars;
(2) If there is one dependent parent, to two hundred 7,639
dollars.
Sec. 742.3719. Whenever the limits established by section 7,648
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 7,649
U.S.C.A. 415, as amended, are raised, the BOARD OF trustees of 7,650
the OHIO police and firemen's disability and FIRE pension fund 7,652
shall increase the amount of the pension, benefit, or allowance 7,653
of any person whose pension, benefit, or allowance payable under 7,654
section 742.37, 742.3716, 742.3717, or 742.39 of the Revised Code 7,656
was limited by the application of section 415. The amount of the 7,657
increased pension, benefit, or allowance shall not exceed the 7,658
lesser of the amount the person would have received if the limits 7,659
established by section 415 had not been applied or the amount the 7,660
person is eligible to receive subject to the new limits 7,661
established by section 415. 7,662
Sec. 742.38. (A)(1) The board of trustees of the OHIO 7,672
police and firemen's disability and FIRE pension fund shall adopt 7,674
rules establishing minimum medical testing and diagnostic 7,675
standards or procedures to be incorporated into physical 7,676
168
examinations administered by physicians to prospective members of 7,679
the fund. The standards or procedures shall include diagnosis
and evaluation of the existence of any heart disease, 7,680
cardiovascular disease, or respiratory disease. The rules shall 7,682
specify the form of the physician's report and the information to 7,683
be included in it.
The board shall notify all employers of the establishment 7,685
of the minimum standards or procedures and shall include with the 7,686
notice a copy of the standards or procedures. The board shall 7,688
notify all employers of any changes made to the standards or
procedures. Once the standards or procedures take effect, 7,690
employers shall cause each prospective member of the fund to 7,691
submit to a physical examination that incorporates the standards 7,692
or procedures.
(2) Division (A)(2) of this section applies to an employee 7,695
who becomes a member of the fund on or after the date the minimum 7,696
standards or procedures described in division (A)(1) of this 7,698
section take effect. Not later than thirty days after such an
employee becomes a member of the fund, the employer shall forward 7,700
to the board a copy of the physician's report of a physical 7,701
examination that incorporates the standards or procedures 7,702
described in division (A)(1) of this section. If an employer 7,704
fails to forward the report, the board shall assess against the 7,705
employer a fine of one hundred dollars per day, beginning with 7,706
the first day after the date the report is due and ending on the 7,707
last day prior to the date the report is received by the board. 7,708
Any amount due from an employer under division (A)(2) of this 7,709
section may be collected from the county auditor in the same 7,710
manner as is provided in section 742.35 of the Revised Code. 7,712
(B) Application for a disability benefit may be made by a 7,714
member of the fund or, if the member is incapacitated as defined 7,715
in rules adopted by the board, by a person acting on the member's 7,716
behalf. Not later than fourteen days after receiving an 7,718
application for a disability benefit from a member or a person
169
acting on behalf of a member, the board shall notify the member's 7,720
employer that an application has been filed. The notice shall 7,721
state the member's position or rank. Not later than twenty-eight 7,722
days after receiving the notice or filing an application on 7,723
behalf of a member, the employer shall forward to the board a 7,724
statement certifying the member's job description and any other 7,725
information required by the board to process the application. 7,726
If the member applying for a disability benefit becomes a 7,729
member of the fund prior to the date the minimum standards or 7,730
procedures described in division (A)(1) of this section take 7,731
effect, the board may request from the member's employer a copy 7,732
of the physician's report of the member's physical examination 7,733
taken on entry into the police or fire department. Not later 7,734
than twenty-eight days after receiving a request from the board, 7,735
the employer shall forward a copy of the report or, if the 7,736
employer does not have a copy of the report, a written statement 7,737
certifying that the employer does not have a copy of the report. 7,738
If an employer fails to forward the report or statement, the 7,739
board shall assess against the employer a fine of one hundred 7,740
dollars per day, beginning with the first day after the date the 7,741
report or statement is due and ending on the last day prior to 7,742
the date the report or statement is received by the board. Any 7,743
amount due from an employer under this division may be collected 7,745
from the county auditor in the same manner as is provided in 7,746
section 742.35 of the Revised Code. The board shall maintain the 7,747
information submitted under this division and division (A)(2) of 7,748
this section in the member's file. 7,749
(C) For purposes of determining under division (D) of this 7,752
section whether a member of the fund is disabled, the board shall 7,754
adopt rules establishing objective criteria under which the board 7,755
shall make the determination. The rules shall include standards 7,756
that provide for all of the following: 7,757
(1) Evaluating a member's illness or injury on which an 7,760
application for disability benefits is based;
170
(2) Defining the occupational duties of a police officer 7,762
or firefighter; 7,763
(3) Providing for the board to assign competent and 7,766
disinterested physicians and vocational evaluators to conduct 7,767
examinations of a member; 7,768
(4) Requiring a written report for each disability 7,771
application that includes a summary of findings, medical 7,772
opinions, including an opinion on whether the illness or injury 7,773
upon which the member's application for disability benefits is 7,774
based was caused or induced by the actual performance of the 7,775
member's official duties, and any recommendations or comments 7,776
based on the medical opinions; 7,777
(5) Providing for the board to consider the member's 7,779
potential for retraining or reemployment. 7,780
(D) This division does not apply to members of the fund 7,783
who have elected to receive benefits and pensions in accordance 7,784
with division (A) or (B) of section 742.37 of the Revised Code or 7,785
from a police relief and pension fund or a firemen's relief and 7,786
pension fund in accordance with the rules of that fund in force 7,787
on April 1, 1947. 7,788
(1) As used in division (D)(1) of this section: 7,790
(a) "Totally disabled" means a member of the fund is 7,793
unable to perform the duties of any gainful occupation for which 7,794
the member is reasonably fitted by training, experience, and 7,795
accomplishments. Absolute helplessness is not a prerequisite of 7,796
being totally disabled. 7,797
(b) "Permanently disabled" means a condition of disability 7,800
from which there is no present indication of recovery. 7,801
A member of the fund who is permanently and totally 7,803
disabled as the result of the performance of the member's 7,804
official duties as a member of a police or fire department shall 7,805
be paid annual disability benefits in accordance with division 7,806
(A) of section 742.39 of the Revised Code. In determining 7,807
whether a member of the fund is permanently and totally disabled, 7,808
171
the board shall consider standards adopted under division (C) of 7,809
this section applicable to the determination. 7,810
(2) A member of the fund who is partially disabled as the 7,812
result of the performance of the member's official duties as a 7,813
member of a police or fire department shall, if the disability 7,814
prevents the member from performing those duties and impairs the 7,815
member's earning capacity, receive annual disability benefits in 7,817
accordance with division (B) of section 742.39 of the Revised 7,818
Code. In determining whether a member of the fund is partially 7,820
disabled, the board shall consider standards adopted under
division (C) of this section applicable to the determination. 7,821
(3) A member of the fund who is disabled as a result of 7,823
heart disease or any cardiovascular or respiratory disease of a 7,825
chronic nature, which disease or any evidence of which disease 7,826
was not revealed by the physical examination passed by the member 7,828
on entry into the department, is presumed to have incurred the 7,829
disease while performing the member's official duties, unless the 7,830
contrary is shown by competent evidence. 7,831
(4) A member of the fund who has completed five or more 7,833
years of active service in a police or fire department and has 7,834
incurred a disability not caused or induced by the actual 7,835
performance of the member's official duties as a member of the 7,836
department, or by the member's own negligence, shall if the 7,837
disability prevents the member from performing those duties and 7,838
impairs the member's earning capacity, receive annual disability 7,840
benefits in accordance with division (C) of section 742.39 of the 7,841
Revised Code. In determining whether a member of the fund is 7,843
disabled., the board shall consider standards adopted under 7,844
division (C) of this section applicable to the determination. 7,846
(5) The board shall notify a member of its final action 7,848
awarding a disability benefit to the member within thirty days of 7,850
the final action. The notice shall be sent by certified mail, 7,851
return receipt requested. Not later than ninety days after 7,852
receipt of notice from the board, the member shall elect, on a 7,853
172
form provided by the board, either to accept or waive the
disability benefit award. If the member elects to waive the 7,854
disability benefit award or fails to make an election within the 7,855
time period, the award is rescinded. A member who later seeks a 7,856
disability benefit award shall be required to make a new 7,857
application, which shall be dealt with in accordance with the 7,858
procedures used for original disability benefit applications. 7,860
A person is not eligible to apply for or receive disability 7,863
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 7,865
the Revised Code unless the person is a member of the fund on the 7,866
date on which the application for disability benefits is 7,867
submitted to the fund.
With the exception of persons who may make application for 7,869
increased benefits as provided in division (2) or (4) of this 7,871
section or division (C)(3) or (5) of former section 742.37 of the 7,872
Revised Code on or after July 24, 1986, or persons who may make 7,874
application for benefits as provided in section 742.26 of the 7,875
Revised Code, no person receiving a pension or benefit under this 7,876
section or division (C) of former section 742.37 of the Revised 7,877
Code may apply for any new, changed, or different benefit. 7,879
Sec. 742.381. Not later than March 1, 2000, and each first 7,889
day of March for the succeeding five years, the board of trustees 7,890
of the OHIO police and firemen's disability and FIRE pension fund 7,892
shall make and submit a report for the preceding fiscal year of 7,893
the disability retirement experience of each employer. The 7,894
report shall specify the total number of disability applications 7,895
submitted, the status of each application as of the last day of 7,896
the fiscal year, total applications granted or denied, and the 7,897
percentage of disability benefit recipients to the total number 7,898
of the employer's employees who are members of the fund. The 7,899
report shall be submitted to the governor, the Ohio retirement 7,901
study council, and the chairpersons of the standing committees 7,902
and subcommittees of the senate and house of representatives with 7,903
173
primary responsibility for retirement legislation. 7,904
Sec. 742.39. (A) A member of the OHIO police and 7,914
firemen's disability and FIRE pension fund determined to be 7,916
eligible for a disability benefit under division (D)(1) of 7,917
section 742.38 of the Revised Code shall be paid annual 7,918
disability benefits, payable in twelve monthly installments, in 7,920
an amount equal to seventy-two per cent of the member's average 7,921
annual salary.
(B) A member of the fund determined to be eligible for a 7,924
disability benefit under division (D)(2) of section 742.38 of the 7,926
Revised Code shall be paid annual disability benefits, payable in 7,927
twelve monthly installments. If the member has fewer than 7,928
twenty-five years of active service in a police or fire 7,929
department, the benefit shall be in an amount fixed by the board 7,930
of trustees of the OHIO police and firemen's disability and FIRE 7,931
pension fund. The board may increase or decrease the benefit 7,933
whenever the board determines that the impairment of the member's 7,934
earning capacity warrants an increase or decrease based on the 7,935
standards adopted under division (C) of section 742.38 of the 7,937
Revised Code applicable to the determination, but in no event 7,938
shall the benefit exceed sixty per cent of the member's average 7,939
annual salary. 7,940
A member who has completed twenty-five or more years of 7,942
active service in the department shall receive annual disability 7,943
benefits, payable in twelve monthly installments, in an amount 7,944
equal to a percentage of the member's average annual salary. The 7,946
percentage shall be the sum of two and one-half per cent for each 7,947
of the first twenty years the member was in the active service of 7,948
the department, plus two per cent for each of the twenty-first to 7,949
twenty-fifth years the member was in the active service of the 7,950
department, plus one and one-half per cent for each year in 7,951
excess of twenty-five years the member was in the active service 7,952
of the department. The annual disability benefit shall not 7,953
exceed seventy-two per cent of the member's average annual 7,954
174
salary.
(C) A member of the fund determined to be eligible for a 7,957
disability benefit under division (D)(4) of section 742.38 of the 7,958
Revised Code shall be paid annual disability benefits, payable in 7,960
twelve monthly installments, in an amount to be fixed by the 7,961
board. The board may increase or decrease the benefits whenever 7,962
the board determines that the impairment of the member's earning 7,963
capacity warrants an increase or decrease based on the standards 7,964
adopted under division (C) of section 742.38 of the Revised Code 7,966
applicable to the determination, but in no event shall a benefit 7,967
paid to the member exceed sixty per cent of the member's average 7,970
annual salary.
(D) Each of the following persons who on July 1, 1999, is 7,973
receiving annual benefits of less than six thousand six hundred 7,974
dollars shall have the benefits increased to that amount 7,975
effective July 1, 1999: 7,976
(1) A person receiving annual benefits described in 7,978
division (A) of this section; 7,979
(2) A person receiving annual benefits described in 7,981
division (C) of this section based on an award made prior to 7,982
September 16, 1998. 7,983
(E) Benefits payable under this section continue until 7,986
death unless adjusted under division (D)(5) of section 742.38 of 7,987
the Revised Code or adjusted or terminated under division (C)(3) 7,989
of section 742.40 of the Revised Code. 7,990
Sec. 742.40. (A) As used in this section, "disability 8,000
benefit recipient" means a member of the OHIO police and 8,001
firemen's disability and FIRE pension fund who is receiving a 8,003
disability benefit pursuant to division (C)(2), (3), (4), or (5) 8,004
of former section 742.37 of the Revised Code or pursuant to 8,005
section 742.38 of the Revised Code. 8,006
(B) The board of trustees of the OHIO police and firemen's 8,008
disability and FIRE pension fund shall adopt rules requiring a 8,010
disability benefit recipient, as a condition of continuing to 8,011
175
receive a disability benefit, to agree in writing to obtain any 8,012
medical treatment recommended by the board's physician or 8,013
physicians and submit medical reports regarding the treatment. 8,014
If the board determines that a disability benefit recipient is 8,015
not obtaining the medical treatment or the board does not receive 8,016
a required medical report, the disability benefit shall be 8,018
suspended until the treatment is obtained, the report is received 8,019
by the board, or the board's physician certifies that the 8,020
treatment is no longer helpful or advisable. Should the 8,021
recipient's failure to obtain treatment or submit a medical 8,022
report continue for one year, the recipient's right to the 8,024
disability benefit shall be terminated as of the effective date 8,025
of the original suspension.
(C)(1) A disability benefit recipient shall be considered 8,028
on leave of absence from the recipient's position of employment 8,029
as a member of a police or fire department during the first five 8,030
years following the effective date of the recipient's disability 8,031
benefit, notwithstanding any contrary provisions of this chapter. 8,032
(2)(a) The board shall require a disability benefit 8,034
recipient who has been a member of the fund for less than 8,035
twenty-five years and has not attained age forty-eight to undergo 8,037
an annual medical examination, except that the board may waive
the medical examination if the board's physician or physicians 8,038
certify that the recipient's disability is ongoing. 8,039
(b) The board may require a disability benefit recipient 8,041
not described in division (C)(2)(a) of this section to undergo a 8,043
medical examination at any time it considers necessary. 8,045
(c) If a disability benefit recipient refuses to submit to 8,048
a medical examination, the recipient's disability benefit shall 8,049
be suspended until the recipient withdraws the refusal. If the 8,050
refusal continues for one year, the recipient's rights under and
to the disability benefit are terminated as of the effective date 8,051
of the original suspension. 8,052
(3) The board shall designate one or more physicians to 8,054
176
conduct an examination required under this division. After 8,055
completing the examination, the physician shall determine and 8,056
certify to the board whether the disability benefit recipient 8,057
continues to meet the disability standard set forth in division 8,058
(D)(1), (2), or (4) of section 742.38 of the Revised Code or 8,060
division (C)(2), (3), or (5) of former section 742.37 of the 8,061
Revised Code on which the recipient was originally determined to 8,062
be disabled. If the physician's determination is that the 8,063
recipient no longer meets the standard and the board concurs in 8,064
the physician's determination, or the recipient becomes employed 8,065
as a police officer or firefighter, the disability benefit shall 8,066
be terminated the earlier of ninety days after the date of the 8,067
board's concurrence or on the date the recipient returns to 8,068
employment as a police officer or firefighter, except that if the 8,069
recipient was receiving a benefit pursuant to division (D)(1) of 8,070
section 742.38 of the Revised Code or division (C)(2) of former 8,071
section 742.37 of the Revised Code, the board shall reevaluate 8,073
the recipient's disability under division (D)(2) of section 8,074
742.38 of the Revised Code and award a benefit under that 8,075
division if the recipient qualifies for it. A recipient may 8,076
appeal the board's concurrence in the physician's determination. 8,077
The board shall adopt rules establishing procedures for the 8,078
appeal. If the leave of absence provided under division (C)(1) 8,079
of this section has not expired when a disability benefit is 8,080
terminated under this division, the board shall certify to the 8,081
recipient's last employer before being found disabled that the 8,082
recipient is no longer incapable of resuming service. At the 8,083
recipient's request, the employer shall restore the recipient to 8,084
the previous position and salary or to a position and salary 8,085
similar to it, with all previous rights, including civil service 8,086
status. The employer is not required to restore the recipient to 8,088
employment if the recipient was dismissed or resigned in lieu of 8,089
dismissal for dishonesty, misfeasance, malfeasance, or conviction 8,090
of a felony. 8,091
177
(D) Each disability benefit recipient shall file with the 8,094
board an annual statement of earnings and any other information 8,096
required in rules adopted by the board. The board may waive the 8,098
requirement that a disability benefit recipient file the annual 8,099
statement of earnings if the board's physician certifies that the 8,100
recipient's disability is ongoing.
The board shall annually examine the information submitted 8,103
by the recipient. If a disability benefit recipient refuses to 8,104
file the statement or information, the disability benefit shall 8,106
be suspended until the statement and information are filed. If 8,107
the refusal continues for one year, the recipient's right to the 8,108
disability benefit shall be terminated as of the effective date 8,109
of the original suspension. 8,110
Sec. 742.41. (A) As used in this section: 8,123
(1) "Other system retirant" has the same meaning as in 8,125
section 742.26 of the Revised Code. 8,126
(2) "Personal history record" includes a member's, former 8,128
member's, or other system retirant's name, address, phone 8,129
TELEPHONE number, social security number, record of 8,131
contributions, correspondence with the OHIO police and firemen's 8,132
disability and FIRE pension fund, status of any application for 8,134
benefits, and any other information deemed confidential by the 8,135
trustees of the fund.
(B) The treasurer of state shall furnish annually to the 8,137
board of trustees of the fund a sworn statement of the amount of 8,138
the funds in the treasurer of state's custody belonging to the 8,140
OHIO police and firemen's disability and FIRE pension fund. The 8,142
records of the board shall be open for public inspection except 8,143
for the following, which shall be excluded, except with the 8,144
written authorization of the individual concerned: 8,145
(1) The individual's personal history record; 8,147
(2) Any information identifying, by name and address, the 8,149
amount of a monthly allowance or benefit paid to the individual. 8,150
(C) All medical reports and recommendations required are 8,152
178
privileged, except that copies of such medical reports or 8,153
recommendations shall be made available to the personal 8,154
physician, attorney, or authorized agent of the individual 8,155
concerned upon written release received from the individual or 8,157
the individual's agent or, when necessary for the proper 8,158
administration of the fund, to the board-assigned physician. 8,159
(D) Any person who is a member of the fund or an other 8,161
system retirant shall be furnished with a statement of the amount 8,162
to the credit of the person's individual account upon the 8,164
person's written request. The board need not answer more than 8,165
one such request of a person in any one year. 8,166
(E) Notwithstanding the exceptions to public inspection in 8,168
division (B) of this section, the board may furnish the following 8,169
information: 8,170
(1) If a member, former member, or other system retirant 8,172
is subject to an order issued under section 2907.15 of the 8,173
Revised Code or is convicted of or pleads guilty to a violation 8,174
of section 2921.41 of the Revised Code, on written request of a 8,175
prosecutor as defined in section 2935.01 of the Revised Code, the 8,176
board shall furnish to the prosecutor the information requested 8,177
from the individual's personal history record. 8,178
(2) Pursuant to a court order issued under section 3113.21 8,180
of the Revised Code, the board shall furnish to a court or child 8,181
support enforcement agency the information required under that 8,182
section. 8,183
(3) At the request of any organization or association of 8,185
members of the fund, the board of trustees of the fund shall 8,186
provide a list of the names and addresses of members of the fund 8,187
and other system retirants. The board shall comply with the 8,188
request of such organization or association at least once a year 8,189
and may impose a reasonable charge for the list. 8,190
(4) Within fourteen days after receiving from the director 8,192
of human services a list of the names and social security numbers 8,193
of recipients of public assistance pursuant to section 5101.181 8,194
179
of the Revised Code, the board shall inform the auditor of state 8,195
of the name, current or most recent employer address, and social 8,196
security number of each member or other system retirant whose 8,197
name and social security number are the same as that of a person 8,198
whose name or social security number was submitted by the 8,199
director. The board and its employees shall, except for purposes 8,200
of furnishing the auditor of state with information required by 8,201
this section, preserve the confidentiality of recipients of 8,202
public assistance in compliance with division (A) of section 8,203
5101.181 of the Revised Code. 8,204
(F) A statement that contains information obtained from 8,206
the board's records that is signed by the secretary of the board 8,207
of trustees of the OHIO police and firemen's disability and FIRE 8,209
pension fund and to which the board's official seal is affixed, 8,210
or copies of the board's records to which the signature and seal 8,211
are attached, shall be received as true copies of the board's 8,212
records in any court or before any officer of this state. 8,213
Sec. 742.42. The board of trustees of the OHIO police and 8,222
firemen's disability and FIRE pension fund shall provide for the 8,225
maintenance of an individual account with each member of the fund 8,226
and other system retirant showing the amount of his THE MEMBER'S 8,227
OR RETIRANT'S contributions.
Sec. 742.43. Except as provided in sections 742.01 to 8,236
742.49, inclusive, 742.61 of the Revised Code, no trustee and no 8,238
employee of the board of trustees of the OHIO police and 8,239
firemen's disability and FIRE pension fund shall have any 8,242
interest, direct or indirect, in the gains or profits of any 8,243
investment made by the board nor as such, directly or indirectly, 8,244
receive any pay or annual emolument for his THE TRUSTEE'S OR 8,245
EMPLOYEE'S services. No trustee or employee of said board shall, 8,246
directly or indirectly, for himself SELF or as an agent or 8,247
partner of others, borrow any funds or deposits over which the 8,249
board has jurisdiction or use the same except to make such 8,250
current and necessary payments as are authorized by the board;
180
nor shall any member or employee of the said board become an 8,251
endorser or surety or become in any manner an obligor for money 8,252
loaned by or borrowed from the board. 8,253
Sec. 742.44. The board of trustees of the OHIO police and 8,262
firemen's disability and FIRE pension fund shall estimate 8,265
annually the amount required to pay its expenses for the ensuing 8,266
year, and shall fix the amount which shall be transferred from
the guarantee fund to the expense fund. 8,267
Sec. 742.45. (A) The board of trustees of the OHIO police 8,276
and firemen's disability and FIRE pension fund may enter into an 8,279
agreement with insurance companies, health insuring corporations, 8,281
or government agencies authorized to do business in the state for 8,283
issuance of a policy or contract of health, medical, hospital, or 8,284
surgical benefits, or any combination thereof, for those 8,285
individuals receiving service or disability pensions or survivor 8,287
benefits subscribing to the plan. Notwithstanding any other 8,288
provision of this chapter, the policy or contract may also 8,289
include coverage for any eligible individual's spouse and 8,290
dependent children and for any of the eligible individual's 8,292
sponsored dependents as the board considers appropriate. 8,293
If all or any portion of the policy or contract premium is 8,295
to be paid by any individual receiving a service, disability, or 8,297
survivor pension or benefit, the individual shall, by written 8,299
authorization, instruct the board to deduct from the individual's 8,301
benefit the premium agreed to be paid by the individual to the 8,302
company, corporation, or agency. 8,304
The board may contract for coverage on the basis of part or 8,307
all of the cost of the coverage to be paid from appropriate funds 8,308
of the OHIO police and firemen's disability and FIRE pension 8,309
fund. The cost paid from the funds of the OHIO police and 8,311
firemen's disability and FIRE pension fund shall be included in 8,313
the employer's contribution rates provided by sections 742.33 and 8,314
742.34 of the Revised Code. 8,315
The board may provide for self-insurance of risk or level 8,317
181
of risk as set forth in the contract with the companies, 8,318
corporations, or agencies, and may provide through the 8,319
self-insurance method specific benefits as authorized by the 8,320
rules of the board. 8,321
(B) If the board provides health, medical, hospital, or 8,323
surgical benefits through any means other than a health insuring 8,325
corporation, it shall offer to each individual eligible for the 8,327
benefits the alternative of receiving benefits through enrollment 8,329
in a health insuring corporation, if all of the following apply: 8,331
(1) The health insuring corporation provides health care 8,334
services in the geographical area in which the individual lives; 8,336
(2) The eligible individual was receiving health care 8,338
benefits through a health or a health insuring corporation before 8,341
retirement;
(3) The rate and coverage provided by the health insuring 8,344
corporation to eligible individuals is comparable to that 8,347
currently provided by the board under division (A) of this
section. If the rate or coverage provided by the health insuring 8,349
corporation is not comparable to that currently provided by the 8,351
board under division (A) of this section, the board may deduct 8,352
the additional cost from the eligible individual's monthly 8,353
benefit.
The health insuring corporation shall accept as an enrollee 8,357
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 8,359
from one plan to another at least once a year at a time 8,361
determined by the board. 8,362
(C) The board shall, beginning the month following receipt 8,364
of satisfactory evidence of the payment for coverage, pay monthly 8,365
to each recipient of service, disability, or survivor benefits 8,367
under the OHIO police and firemen's disability and FIRE pension 8,369
fund who is eligible for medical insurance coverage under part B 8,370
of "The Social Security Amendments of 1965," 79 Stat. 301, 42 8,371
U.S.C.A. 1395j, as amended, an amount equal to the basic premiums 8,372
182
for such coverage.
(D) The board shall establish by rule requirements for the 8,374
coordination of any coverage, payment, or benefit provided under 8,375
this section with any similar coverage, payment, or benefit made 8,376
available to the same individual by the public employees 8,378
retirement system, state teachers retirement system, school
employees retirement system, or state highway patrol retirement 8,379
system.
(E) The board shall make all other necessary rules 8,381
pursuant to the purpose and intent of this section. 8,382
Sec. 742.46. The granting of a benefit or pension to any 8,391
person under sections 742.01 to 742.49, inclusive, 742.61 of the 8,392
Revised Code, vests a right in such person to obtain and receive 8,394
the amount of such benefit or pension granted to him THE PERSON 8,395
subject to sections 742.01 to 742.49, inclusive, 742.61 of the 8,397
Revised Code.
Such right may be enforced by an action in mandamus 8,399
instituted in the court of common pleas in the county in which 8,400
the person granted such benefit or pension resides. 8,401
Sec. 742.461. (A) Notwithstanding any other provision of 8,410
this chapter, any payment that is to be made under a pension or 8,411
other type of benefit, other than a survivorship benefit, that 8,412
has been granted to a person under this chapter, any payment of 8,413
accumulated contributions standing to a person's credit under 8,414
this chapter, and any payment of any other amounts to be paid to 8,415
a person under this chapter upon the person's withdrawal of 8,416
contributions pursuant to this chapter shall be subject to any 8,417
withholding order issued pursuant to section 2907.15 of the 8,418
Revised Code or division (C)(2)(b) of section 2921.41 of the 8,420
Revised Code, and the board of trustees of the OHIO police and 8,421
firemen's disability and FIRE pension fund shall comply with that 8,423
withholding order in making the payment.
(B) Notwithstanding any other provision of this chapter, 8,425
if the board receives notice pursuant to section 2907.15 of the 8,426
183
Revised Code or division (D) of section 2921.41 of the Revised 8,429
Code that a person who has accumulated contributions standing to 8,430
the person's credit pursuant to this chapter is charged with a 8,431
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or 8,433
2921.41 of the Revised Code, no payment of those accumulated 8,434
contributions or of any other amounts to be paid under this 8,435
chapter upon the person's withdrawal of contributions pursuant to 8,436
this chapter shall be made prior to whichever of the following is 8,437
applicable:
(1) If the person is convicted of or pleads guilty to the 8,439
charge and no motion for a withholding order for purposes of 8,440
restitution has been filed under section 2907.15 of the Revised 8,441
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised 8,444
Code, thirty days after the day on which final disposition of the 8,445
charge is made;
(2) If the person is convicted of or pleads guilty to the 8,447
charge and a motion for a withholding order for purposes of 8,448
restitution has been filed under section 2907.15 of the Revised 8,449
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised 8,451
Code, the day on which the court decides the motion; 8,452
(3) If the charge is dismissed or the person is found not 8,454
guilty or not guilty by reason of insanity of the charge, the day 8,455
on which final disposition of the charge is made. 8,456
Sec. 742.47. Except as provided in sections 742.461, 8,465
3111.23, and 3113.21 of the Revised Code, sums of money due or to 8,466
become due to any person from the OHIO police and firemen's 8,467
disability and FIRE pension fund are not liable to attachment, 8,469
garnishment, levy, or seizure under any legal or equitable 8,470
process, whether such sums remain with the treasurer of the fund 8,471
or any officer or agent of the board of trustees of the fund, or 8,472
is in the course of transmission to the person entitled thereto, 8,473
but shall inure wholly to the benefit of such person.
Sec. 742.48. Any person who is receiving, or becomes 8,482
eligible to receive, a pension, or other benefit, or any increase 8,483
184
under Chapter 742. of the Revised Code, may, at any time, waive 8,484
his THE PERSON'S rights thereto, or to a portion thereof, by 8,485
filing a written notice of waiver with the board of trustees of 8,486
the OHIO police and firemen's disability and FIRE pension fund. 8,488
Such waiver shall remain in effect until the first day of the 8,490
month following his THE PERSON'S death, or the PERSON'S filing of 8,491
his A written cancellation of such waiver with the board of 8,492
trustees of the police and firemen's disability and pension fund. 8,494
Any amount so waived shall forever be forfeited. 8,496
Sec. 742.50. As used in this section, "member's 8,505
contribution" means the total amount deducted from the salary of 8,506
a member of the OHIO police and firemen's disability and FIRE 8,508
pension fund and credited to the member's account in the fund. 8,510
If a member of the fund dies before receiving pension and 8,512
benefit payments from the fund in an amount equal to the member's 8,514
contribution and leaves no surviving spouse, surviving children, 8,516
or dependent parent eligible for monthly pension payments under
section 742.37 of the Revised Code, the board of trustees of the 8,517
OHIO police and firemen's disability and FIRE pension fund shall 8,519
pay to the estate of such deceased member an amount equal to the 8,521
member's contribution, less the total amount received by such 8,523
member as benefit or pension payments from such fund. 8,524
If a member who dies before receiving pension and benefit 8,527
payments from the fund in an amount equal to the member's 8,528
contribution leaves one or more survivors eligible for monthly 8,529
pension payments under section 742.37 of the Revised Code but the 8,530
total amount paid all survivors under that section is less than 8,531
the member's contribution, the fund shall pay to the survivors or 8,532
their estates, in equal shares, an amount equal to the member's 8,533
contribution, less the total amount received by the member and 8,534
all survivors as benefit or pension payments from the fund. 8,536
Sec. 742.51. Any person serving as a full-time regular 8,545
member of a township fire department, or a municipal fire or 8,546
police department who was serving in that capacity on December 8,547
185
31, 1966, and was a member of the public employees retirement 8,548
system on that date and who has continued to serve in the same 8,549
capacity and has continued as a member of the public employees 8,550
retirement system until filing his AN election after November 20, 8,552
1973, may elect prior to January 1, 1985, to transfer from the 8,553
public employees retirement system to the OHIO police and 8,554
firemen's disability and FIRE pension fund. When such an 8,556
election is made, the public employees retirement system shall 8,558
certify to the OHIO police and firemen's disability and FIRE 8,560
pension fund a copy of the records of the service and 8,562
contributions of such member and shall transfer to the OHIO 8,563
police and firemen's disability and FIRE pension fund all 8,565
contributions to the credit of the member as a member of a police 8,566
or fire department, and an amount equal to the total employer 8,567
contribution paid on service as a member of a police or fire 8,568
department, at the respective rates in effect during his THE
MEMBER'S employment. 8,570
The OHIO police and firemen's disability and FIRE pension 8,574
fund shall obtain from its actuary a certification of the accrued 8,576
liability for the member being transferred, less the amounts 8,577
transferred from the public employees retirement system, and such 8,578
unfunded accrued liability shall be charged to the municipal 8,579
corporation or township in which the member is employed and paid 8,580
in full or paid by the employer at the rate of at least five per 8,581
cent per annum with interest at four per cent per annum on unpaid 8,582
balances; payment and interest to be paid semiannually on dates 8,583
to be fixed by the board of trustees of the OHIO police and 8,584
firemen's disability and FIRE pension fund. The OHIO police and 8,587
firemen's disability and FIRE pension fund may require any 8,589
affected municipal corporation or township to certify the period 8,591
of full-time service and salary of any member requesting 8,592
transfer. A member transferred in accordance with this section 8,593
shall be given service credit by the OHIO police and firemen's 8,594
disability and FIRE pension fund equal to the period of full-time 8,597
186
service on which both member and employer made contributions to 8,598
the public employees retirement system, which contributions were 8,599
transferred to the OHIO police and firemen's disability and FIRE 8,601
pension fund.
Sec. 742.511. In computing years of active service under 8,610
division (C) of section 742.37 or section 742.39 of the Revised 8,612
Code for a full-time regular police officer who, prior to 8,614
December 1, 1983, was appointed to the police department of a 8,615
newly incorporated municipal corporation, whether pursuant to 8,617
section 124.41 of the Revised Code or otherwise, directly from a 8,618
police department of the township from which such municipal 8,619
corporation was incorporated, such members shall be given full 8,620
credit for service as a full-time township police officer and as 8,621
a full-time police officer in the municipal corporation after the 8,623
date of incorporation and for which contributions were made to 8,624
the public employees retirement system, if, within thirty days 8,625
after December 1, 1983, the member makes a written request to the 8,627
public employees retirement system to withdraw accumulated 8,628
contributions attributable to such service from the public 8,629
employees retirement system and, thirty days after receiving such 8,630
contributions, the member pays into the OHIO police and firemen's 8,631
disability and FIRE pension fund the amount withdrawn from the 8,633
public employees retirement system for the period of service 8,634
being obtained.
When such an election is made, the public employees 8,636
retirement system shall certify to the OHIO police and firemen's 8,638
disability and FIRE pension fund a copy of the records of the 8,639
service and contributions of the member and shall transfer to the 8,641
OHIO police and firemen's disability and FIRE pension fund an 8,644
amount equal to the total employer contributions paid on service 8,645
as a full-time township police officer and on service as a 8,646
full-time municipal police officer at the rates in effect during 8,647
such employment, as set forth in section 145.01 of the Revised 8,648
Code.
187
Sec. 742.512. In computing years of active service under 8,657
division (C) of section 742.37 or section 742.39 of the Revised 8,659
Code for a full-time regular police officer who, on or after 8,660
December 1, 1983, but prior to June 14, 1988, was appointed 8,662
pursuant to section 124.41 or 124.411 of the Revised Code to a 8,664
police department of a newly incorporated municipal corporation 8,665
directly from a police department of the township from which the 8,666
municipal corporation was incorporated, full credit for service 8,667
as a full-time township police officer shall be given if, within 8,668
thirty days after such appointment, the member made a written 8,669
request to the public employees retirement system to withdraw 8,670
accumulated contributions attributable to such service from the 8,671
public employees retirement system and, within thirty days after 8,672
receiving such contributions, the member paid into the OHIO 8,673
police and firemen's disability and FIRE pension fund the amount 8,675
withdrawn from the public employees retirement system for the 8,676
period of service being obtained. 8,677
When such an election is made, the public employees 8,679
retirement system shall certify to the OHIO police and firemen's 8,681
disability and FIRE pension fund a copy of the records of the 8,682
service and contributions of the member and shall transfer to the 8,683
OHIO police and firemen's disability and FIRE pension fund an 8,685
amount equal to the total employer contributions paid on service 8,687
as a full-time township police officer at the rates in effect 8,688
during such employment, as set forth in section 145.01 of the 8,689
Revised Code.
Sec. 742.513. A member of the public employees retirement 8,698
system who is a full-time regular police officer may elect to 8,699
transfer from the public employees retirement system to the OHIO 8,701
police and firemen's disability and FIRE pension fund if he THE 8,703
MEMBER has become a member of a municipal police department as a 8,704
result of the merger under sections 709.43 to 709.48 of the 8,705
Revised Code of the municipal corporation with a township that 8,706
employed the police officer or has, on or after December 1, 1983, 8,707
188
been appointed pursuant to section 124.41 or 124.411 of the 8,708
Revised Code to a police department of a newly incorporated 8,709
municipal corporation directly from a police department of the 8,710
township from which the municipal corporation was incorporated. 8,711
The election shall be made by the police officer by giving notice 8,712
to the OHIO police and firemen's disability and FIRE pension 8,714
fund. Any such election shall occur not later than sixty days 8,716
after the effective date of the merger or of the member's initial 8,717
appointment following the incorporation or not later than sixty 8,718
days after the effective date of this section JUNE 14, 1988, 8,719
whichever occurs later. When such an election is made, the OHIO 8,721
police and firemen's disability and FIRE pension fund shall 8,723
notify the public employees retirement system, which shall 8,724
certify to the fund a copy of the records of the service and 8,725
contributions of the police officer and shall transfer to the
fund all contributions to the credit of the police officer that 8,726
are based on full-time service, excluding any contributions made 8,727
by the member's employer. 8,728
A member transferred to the OHIO police and firemen's 8,730
disability and FIRE pension fund under this section shall be 8,732
given service credit by the fund equal to the period of full-time 8,734
service on which the contributions transferred under this section 8,735
were based.
Sec. 742.514. (A) As used in this section, "park police 8,744
officer" means a park police officer appointed or employed 8,745
pursuant to the Cincinnati municipal code. 8,746
(B) With approval of the Cincinnati retirement system, a 8,748
member of the retirement system who is a full-time regular member 8,749
of the Cincinnati police department and, prior to being 8,750
reclassified as a member of the police department, served as a 8,751
full-time park police officer may elect to transfer to the OHIO 8,753
police and firemen's disability and FIRE pension fund by giving 8,754
notice to the Cincinnati retirement system not later than 8,756
December 31, 1990. The notice shall be on a form provided by the 8,757
189
Cincinnati retirement system and shall include a statement signed 8,758
by the member authorizing the retirement system, if it approves 8,759
the transfer, to transfer to the OHIO police and firemen's 8,760
disability and FIRE pension fund the total employee contributions 8,762
to the credit of the member as a full-time regular member of the 8,763
Cincinnati police department and as a park police officer. 8,764
If the retirement system approves the transfer, it shall 8,766
certify to the OHIO police and firemen's disability and FIRE 8,768
pension fund a copy of the records of service and contributions 8,769
to the credit of the member as a member of the Cincinnati police 8,770
department and as a park police officer. On receipt of the 8,771
records, the fund shall obtain from its actuary a certification 8,772
of the accrued liability to the fund resulting from the transfer. 8,773
(C) The OHIO police and firemen's disability and FIRE 8,776
pension fund shall accept the transfer of a member under this 8,777
section if both of the following occur: 8,778
(1) The Cincinnati retirement system transfers to the fund 8,780
all of the following: 8,781
(a) The total employee contributions to the credit of the 8,783
member as a full-time regular member of the Cincinnati police 8,784
department and as a park police officer; 8,785
(b) The total employer contributions paid on the member's 8,787
service as a full-time regular member of the Cincinnati police 8,788
department and as a park police officer, plus compound interest; 8,789
(c) Any amount paid by the member or the employer to the 8,791
retirement system for the purchase of service credit, including 8,792
credit for military service and any other credit the member or 8,793
employer was eligible to purchase for the benefit of the member. 8,794
(2) The city of Cincinnati agrees to pay to the fund the 8,796
difference, if any, between the amounts transferred under 8,797
division (C)(1) of this section and the amount certified as the 8,798
accrued liability to the fund resulting from the transfer of the 8,799
member. 8,800
The city may pay the amount it agrees to pay under division 8,802
190
(C)(2) of this section in full at the time the member is 8,803
transferred or at the rate of at least five per cent of the 8,804
balance per year, plus interest on unpaid balances with payments 8,805
and interest paid in semiannual payments on dates to be fixed by 8,806
the trustees of the fund. 8,807
(D) If the total of the amounts transferred from the 8,809
Cincinnati retirement system and paid by the city of Cincinnati 8,810
under division (C) of this section exceeds the amount certified 8,811
as the accrued liability to the OHIO police and firemen's 8,812
disability and FIRE pension fund resulting from the transfer of 8,814
the member, the amount of the excess shall be paid to the 8,816
retirement system.
(E) A member transferred pursuant to this section shall be 8,818
given full credit by the OHIO police and firemen's disability and 8,820
FIRE pension fund for his THE MEMBER'S service as a full-time 8,821
regular police officer of the city of Cincinnati and as a park 8,823
police officer and for any service credit purchased by him THE 8,824
MEMBER, or by his THE MEMBER'S employer on his THE MEMBER'S 8,825
behalf, from the Cincinnati retirement system. 8,826
(F) Interest charged under this section shall be charged 8,828
at the rate that is the OHIO police and firemen's disability and 8,830
FIRE pension fund's actuarial interest assumption rate on the 8,831
effective date of this section JULY 13, 1990. 8,832
Sec. 742.515. (A) As used in this section, "fire 8,841
department employer" means a fire department that employs a 8,842
firefighter. 8,843
(B) A full-time firefighter who, on November 8, 1990, is a 8,846
member of the public employees retirement system, in the employ 8,847
of a fire department employer, and in a position in which the 8,848
firefighter is required to satisfactorily complete or have 8,850
satisfactorily completed a firefighter training course approved 8,851
under former section 3303.07 or section 4765.55 or conducted 8,853
under section 3737.33 of the Revised Code may, by giving notice 8,854
to the OHIO police and firemen's disability and FIRE pension fund 8,856
191
within ninety days of November 8, 1990, elect to transfer to the 8,858
fund.
When a firefighter makes such an election, the OHIO police 8,860
and firemen's disability and FIRE pension fund shall notify the 8,862
public employees retirement system. All of the firefighter's 8,864
credit as a full-time firefighter shall be transferred to the 8,865
OHIO police and firemen's disability and FIRE pension fund. The 8,866
public employees retirement system shall certify to the OHIO 8,868
police and firemen's disability and FIRE pension fund a copy of 8,870
the firefighter's records of service and contributions and for 8,872
each year or portion of a year of credit to be transferred shall 8,873
transfer to the OHIO police and firemen's disability and FIRE 8,875
pension fund all of the following:
(1) All contributions to the credit of the firefighter as 8,878
a full-time firefighter;
(2) An amount equal to the total employer contributions 8,880
paid on service as a full-time firefighter at the rates in effect 8,882
during that year; 8,883
(3) Any amount paid by the member or the employer to the 8,885
retirement system for the purchase of service credit for 8,886
full-time service, including credit for military service and any 8,887
other credit the member or employer was eligible to purchase for 8,888
the benefit of the member. 8,889
(C) The fire department employer by which a firefighter is 8,892
employed at the time of a transfer made pursuant to division (B)
of this section shall, at the request of the OHIO police and 8,893
firemen's disability and FIRE pension fund, certify to the fund 8,895
the firefighter's salary as a firefighter. 8,897
(D) In computing years of active service under division 8,899
(C) of section 742.37 or section 742.39 of the Revised Code, a 8,900
member transferred pursuant to this section shall be given full 8,901
credit by the OHIO police and firemen's disability and FIRE 8,902
pension fund for the firefighter's service as a full-time 8,905
firefighter and for any service credit for full-time service 8,907
192
purchased by the firefighter, or by the firefighter's employer on 8,908
the firefighter's behalf, from the public employees retirement 8,909
system.
Sec. 742.516. (A) Not later than ninety days after the 8,919
effective date of this section SEPTEMBER 16, 1998, a member of 8,921
the OHIO police and firemen's disability and FIRE pension fund 8,922
who became a member of the fund as a result of the member's 8,923
employer changing from a fire department consisting primarily of 8,924
part-time employees to a fire department consisting primarily of 8,925
full-time employees or who elected to transfer to the fund from 8,926
the public employees retirement system under section 742.515 of 8,927
the Revised Code may elect to transfer to the public employees 8,929
retirement system in accordance with this section. An election 8,930
shall be made by giving notice to the fund on a form provided by 8,931
the board of trustees of the fund and shall be irrevocable. 8,932
(B) When a member makes the election described in this 8,935
section, the fund shall notify the system. The fund shall 8,936
transfer all of the member's service credit to the system and 8,937
shall certify to the system a copy of the member's records of 8,938
service and contributions. The fund shall transfer to the system 8,939
all of the following: 8,940
(1) Any amount transferred from the system to the fund 8,942
pursuant to the election made under section 742.515 of the 8,943
Revised Code; 8,944
(2) An amount equal to the member's contributions to the 8,946
fund; 8,947
(3) An amount equal to the total employer contributions 8,949
paid on behalf of the member; 8,950
(4) Any amount paid by the member or employer to the fund 8,952
for the purchase of service credit. 8,953
At the request of the system, the employer of a member who 8,955
makes an election under this section shall certify to the system 8,957
the member's salary.
(C) The system shall give the member full credit for all 8,959
193
service as a member of the fund. If the system has on deposit 8,960
contributions made by, or on behalf of, a member of the fund who 8,961
makes an election in accordance with this section, the system 8,962
shall credit the contributions in accordance with Chapter 145. of 8,963
the Revised Code.
(D) A member of the fund who fails to make an election in 8,966
accordance with this section shall remain a member of the fund. 8,967
Sec. 742.52. (A) A member of the OHIO police and 8,976
firemen's disability and FIRE pension fund who is not receiving a 8,978
disability benefit or pension from the fund may purchase service 8,979
credit, which shall be used in computing the member's years of 8,980
service, for each year of service incurred by reason of having 8,982
been on active duty, active duty for training, initial active 8,983
duty for training, inactive duty training, full-time national 8,984
guard duty, and a period for which a member is absent from a 8,985
position of employment for the purpose of an examination to 8,986
determine the fitness of the member to perform a duty, as a 8,988
member of the armed forces of the United States if the member is 8,989
honorably discharged. Credits which are not authorized under 8,990
former sections 742.18, 742.19, 742.20, and 742.21 or section 8,991
742.521 of the Revised Code may be purchased at any time. The 8,994
number of years purchased under this division shall not exceed 8,995
five.
(B) For the purposes of this division, "prisoner of war" 8,997
means any regularly appointed, enrolled, enlisted, or inducted 8,998
member of the armed forces of the United States who was captured, 8,999
separated, and incarcerated by an enemy of the United States. 9,000
A member may purchase service credit which shall be 9,002
considered as the equivalent of Ohio service for each year of 9,003
service the member was a prisoner of war. The number of years 9,005
purchased under this division shall not exceed five. Service 9,006
credit may be purchased under this division for the same years of 9,007
service used to purchase service credit under division (A) of 9,008
this section. The member may choose to purchase only part of 9,009
194
such credit in any one payment, subject to board rules. 9,010
(C) The total number of years purchased under this section 9,012
shall not exceed the member's total accumulated number of years 9,013
of Ohio service. 9,014
(D) For each year of service purchased under division (A) 9,016
or (B) of this section, the member shall pay to the fund for 9,017
credit to the member's accumulated account an amount determined 9,019
by the member rate of contribution in effect at the time the 9,020
military service began or four per cent, whichever is greater, 9,021
multiplied by the annual compensation for full-time employment 9,022
during the first year of full-time service in Ohio covered by any 9,023
state or municipal retirement system of this state following 9,024
termination of military service. To this amount shall be added 9,026
an amount equal to compound interest at a rate established by the 9,027
board of trustees of the OHIO police and firemen's disability and 9,028
FIRE pension fund from the date active military service 9,031
terminated to date of payment. For the purpose of this section, 9,032
the board may define full-time service in Ohio covered by any 9,033
state or municipal retirement system of this state. 9,034
(E) A member is ineligible to purchase service credit 9,036
under this section for any year of military service that was: 9,038
(1) Used in the calculation of any retirement benefit 9,041
currently being paid to the member or payable in the future under 9,042
any other retirement program, except for retired pay for 9,043
non-regular service under Chapter 1223. of Section 1662 of Title 9,045
XVI of the "National Defense Authorization Act for Fiscal Year 9,047
1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 12739, or 9,048
social security;
(2) Used to obtain service credit under former section 9,050
742.18, 742.19, 742.20, or 742.21 or section 742.521 of the 9,051
Revised Code. At the time the credit is purchased the member 9,052
shall certify on a form furnished by the trustees that the member 9,053
does and will conform to this requirement. Any benefit paid 9,055
under this section to which the member is not entitled shall be 9,056
195
recovered by any recovery procedures available under this 9,057
chapter.
"Armed forces" of the United States includes army, navy, 9,059
air force, marine corps, coast guard, or any reserve component of 9,060
such forces; national guard; the commissioned corps of the United 9,061
States public health service; the merchant marine service during 9,062
wartime; auxiliary corps as established by congress; service as a 9,064
red cross nurse with the army, navy, air force, hospital service 9,066
of the United States, army nurse corps, navy nurse corps, or 9,067
serving full-time with the American red cross in a combat zone; 9,069
and such other service as may be designated by congress as 9,070
included therein.
A member of the fund who has purchased service credit under 9,072
this section, or the member's estate, is entitled to be refunded 9,074
the amount paid to purchase such credit, or a pro rata portion 9,075
thereof, provided that the purchased service credit, or a portion 9,076
of the purchased service credit, does not serve to increase a 9,077
pension or benefit paid under section 742.37 or 742.39 of the 9,078
Revised Code. The refund of any amount paid to purchase credit 9,080
under this section, or a pro rata portion thereof, shall cancel 9,081
an equivalent amount of service credit.
Sec. 742.521. (A) As used in this section, "armed forces" 9,090
of the United States means the army, navy, air force, marine 9,091
corps, coast guard, or any reserve components of such forces; the 9,092
national guard; the commissioned corps of the United States 9,093
public health service; the merchant marine service during 9,094
wartime; auxiliary corps as established by congress; service as a 9,095
red cross nurse with the army, navy, air force, hospital service 9,096
of the United States, army nurse corps, navy nurse corps, or 9,097
serving full-time with the American red cross in a combat zone; 9,098
and such other service as may be designated by congress. 9,099
(B) A member of the fund who is an employee of a police or 9,101
fire department and who enlisted or enlists, was inducted or is 9,102
inducted, was or is called into active duty, or accepted or 9,103
196
accepts a commission in the armed forces, in computing years of 9,104
service in such police or fire department, shall be given full 9,105
credit for such time served in the armed forces, provided the
person has been honorably discharged from the armed forces or 9,107
from active duty therein, has made application for reinstatement 9,108
in the active service of the police or fire department within
ninety days from the date of discharge, and employer 9,109
contributions have been paid pursuant to this section. Service 9,110
credit given under this section for time served in the armed 9,111
forces shall not exceed five years.
(C) A member of the fund is ineligible to receive service 9,113
credit under this section for any time served in the armed forces 9,114
that is used to obtain service credit under former section 9,115
742.18, 742.19, 742.20, or 742.21 or section 742.52 of the 9,116
Revised Code.
At the time such credit is requested, the member shall 9,118
certify on a form supplied by the retirement board that the 9,119
member does and will conform to this requirement. Any benefit 9,120
paid under this section to which the member is not entitled shall 9,121
be recovered by any recovery procedures available under this
chapter. This section does not cancel any military service 9,122
credit earned under this chapter prior to the effective date of 9,123
this section OCTOBER 29, 1996. 9,124
(D) An employer of a member entitled to service credit 9,126
under this section shall pay the OHIO police and firemen's 9,127
disability and FIRE pension fund an amount equal to that which 9,129
would have been paid under section 742.33 or 742.34 of the 9,130
Revised Code had the member continued police or fire employment
during the period of military service. The board of trustees may 9,132
adopt rules setting the manner in which the employer contribution 9,133
is calculated and paid.
Sec. 742.53. (A) As used in this section: 9,142
(1) "Long-term care insurance" has the same meaning as in 9,144
section 3923.41 of the Revised Code. 9,145
197
(2) "Retirement systems" has the same meaning as in 9,147
division (A) of section 145.581 of the Revised Code. 9,148
(B) The board of trustees of the OHIO police and firemen's 9,150
disability and FIRE pension fund shall establish a program under 9,151
which members of the fund, employers on behalf of members, and 9,153
persons receiving service or disability pensions or survivor 9,154
benefits are permitted to participate in contracts for long-term 9,155
care insurance. Participation may include dependents and family 9,156
members. If a participant in a contract for long-term care 9,157
insurance leaves employment, the participant and the 9,159
participant's dependents and family members may, at their 9,160
election, continue to participate in a program established under 9,161
this section in the same manner as if the participant had not 9,162
left employment, except that no part of the cost of the insurance 9,164
shall be paid by the participant's former employer. 9,165
Such program may be established independently or jointly 9,167
with one or more of the other retirement systems. 9,168
(C) The fund may enter into an agreement with insurance 9,170
companies, health insuring corporations, or government agencies 9,172
authorized to do business in the state for issuance of a 9,173
long-term care policy or contract. However, prior to entering 9,174
into such an agreement with an insurance company or health 9,175
insuring corporation, the fund shall request the superintendent 9,176
of insurance to certify the financial condition of the company or 9,179
corporation. The fund shall not enter into the agreement if, 9,180
according to that certification, the company or corporation is 9,181
insolvent, is determined by the superintendent to be potentially 9,182
unable to fulfill its contractual obligations, or is placed under 9,183
an order of rehabilitation or conservation by a court of 9,184
competent jurisdiction or under an order of supervision by the 9,185
superintendent. 9,186
(D) The board shall adopt rules in accordance with section 9,188
111.15 of the Revised Code governing the program. The rules 9,189
shall establish methods of payment for participation under this 9,190
198
section, which may include establishment of a payroll deduction 9,191
plan under section 742.56 of the Revised Code, deduction of the 9,192
full premium charged from a person's service or disability 9,193
pension or survivor benefit, or any other method of payment 9,194
considered appropriate by the board. If the program is 9,195
established jointly with one or more of the other retirement 9,196
systems, the rules also shall establish the terms and conditions 9,197
of such joint participation. 9,198
Sec. 742.55. Each expense voucher of an employee, officer, 9,207
or board member of the OHIO police and firemen's disability and 9,208
FIRE pension fund shall itemize all purchases and expenditures 9,210
included.
Sec. 742.56. (A) The board of trustees of the OHIO police 9,219
and firemen's disability and FIRE pension fund may by rule 9,222
establish a payroll deduction plan for payment of the following: 9,223
(1) The cost of service credit members of the fund are 9,225
eligible to purchase under this chapter; 9,226
(2) Charges for participation in programs established 9,228
under section 742.53 of the Revised Code. 9,229
(B) In addition to any other matter considered relevant by 9,231
the trustees, the rules shall specify all of the following: 9,232
(1) The types of service credit that may be paid for 9,234
through payroll deduction, including the section of the Revised 9,235
Code that authorizes the purchase of each type of service credit 9,236
for which payment may be made by payroll deduction; 9,237
(2) The procedure to be followed by a member to inform his 9,239
THE MEMBER'S employer and the OHIO police and firemen's 9,241
disability and FIRE pension fund that he THE MEMBER wishes to 9,243
purchase service credit under this chapter or pay for 9,245
participation in programs established under section 742.53 of the 9,246
Revised Code and chooses to pay for it through payroll deduction; 9,247
(3) The procedure to be followed by the fund to determine 9,249
for each request the amount to be deducted, the number of 9,250
deductions to be made, and the interval at which deductions will 9,251
199
be made. The rules may provide for a minimum amount for each 9,252
deduction or a maximum number of deductions for the purchase of 9,253
any type of credit, but shall provide that no deduction may 9,254
exceed the member's net compensation after all deductions and 9,255
withholdings required by law. 9,256
(4) The procedure to be followed by employers in 9,258
transmitting amounts deducted from the salaries of their 9,259
employees to the fund; 9,260
(5) The procedure to be followed by the fund in crediting 9,262
service credit to members who choose to purchase it through 9,263
payroll deduction. 9,264
(C) If the trustees of the fund establish a payroll 9,266
deduction plan under this section, the trustees shall certify to 9,267
the member's employer for each member for which deductions are to 9,268
be made, the amount of each deduction and the payrolls from which 9,269
deductions are to be made. The employer shall make the 9,270
deductions as certified and transmit the amounts deducted in 9,271
accordance with the rules established by the trustees under this 9,272
section. 9,273
(D) Rules adopted under this section shall not affect any 9,275
right to purchase service credit conferred by any other section 9,276
of the Revised Code, including the right of a member under any 9,277
such section to purchase only part of the service credit he THE 9,278
MEMBER is eligible to purchase. 9,280
Sec. 742.57. All amounts due the OHIO police and firemen's 9,289
disability and FIRE pension fund from the state treasury pursuant 9,291
to this chapter shall be promptly paid upon warrant of the 9,292
auditor of state pursuant to a voucher approved by the director 9,293
of budget and management.
Sec. 742.58. On the death of a member of the OHIO police 9,302
and firemen's disability and FIRE pension fund who at the time of 9,305
death is receiving a retirement pension or disability benefits, a 9,307
lump-sum payment of one thousand dollars shall be paid to the 9,309
member's surviving spouse or, if there is no surviving spouse, to
200
the beneficiary the member designated on a form provided by the 9,310
fund. If there is no surviving spouse or designated beneficiary, 9,311
the payment shall be made to the member's estate. 9,312
Application for the payment shall be made on a form 9,314
provided by the fund.
Sec. 742.59. The board of trustees of the OHIO police and 9,323
firemen's disability and FIRE pension fund shall be the trustee 9,325
of the funds created as follows:
(A) The "policemen's POLICE OFFICERS' contribution fund" 9,327
is the fund in which shall be credited the contributions deducted 9,329
from the salaries of members of police departments and paid into 9,330
the OHIO police and firemen's disability and FIRE pension fund, 9,332
as provided by section 742.31 of the Revised Code, and that 9,333
percentage of the employers' accrued liability that is 9,334
attributable to deductions previously made from the salaries of 9,335
members of the police department who are still in the active 9,336
service at the time that portion of the employer's EMPLOYERS' 9,337
accrued liability is paid. The accumulated contributions of a 9,339
member of a police department shall be transferred at the 9,340
member's retirement from the policemen's POLICE OFFICERS' 9,341
contribution fund to the policemen's POLICE OFFICERS' pension 9,342
reserve fund.
(B) The "firemen's FIREFIGHTERS' contribution fund" is the 9,345
fund in which shall be credited contributions deducted from the 9,346
salaries of members of fire departments and paid into the OHIO 9,347
police and firemen's disability and FIRE pension fund, as 9,348
provided by section 742.31 of the Revised Code, and that 9,350
percentage of the employers' accrued liability that is 9,351
attributable to deductions previously made from the salaries of 9,352
members of the fire department who are still in the active 9,353
service at the time that portion of the employers' accrued 9,354
liability is paid. The accumulated contributions of a member of 9,355
a fire department shall be transferred at the member's retirement 9,356
from the firemen's FIREFIGHTERS' contribution fund to the 9,357
201
firemen's FIREFIGHTERS' pension reserve fund. 9,358
(C) The "policemen POLICE OFFICER employers' contribution 9,360
fund" is the fund to which the policemen employers' POLICE 9,362
OFFICER EMPLOYERS' contribution, as provided by section 742.33 of 9,364
the Revised Code, and that percentage of the employers' accrued 9,365
liability that is attributable to the employers' liability for 9,366
prior service of members of the police department who are still 9,367
in the active service at the time that portion of the employers' 9,368
accrued liability is paid, and that portion of the state 9,369
contribution allocated to such fund, as provided by section 9,370
742.36 of the Revised Code, shall be credited, and in which shall 9,371
be accumulated the reserves held in trust for the payment of all 9,372
pensions or other benefits provided by sections 742.01 to 742.61 9,373
of the Revised Code to members of a police department retiring in 9,374
the future or their qualified beneficiaries and from which the 9,375
reserves for such pensions and other benefits shall be 9,376
transferred to the policemen's POLICE OFFICERS' pension reserve 9,377
fund.
(D) The "firemen FIREFIGHTER employers' contribution fund" 9,379
is the fund to which the firemen FIREFIGHTER employers' 9,380
contribution, as provided in section 742.34 of the Revised Code, 9,382
and that percentage of the employers' accrued liability that is 9,383
attributable to the employers' liability for prior service for 9,384
members of the fire department who are still in the active 9,385
service at the time that portion of the employers' accrued 9,386
liability is paid, and that portion of the state contribution 9,387
allocated to such fund, as provided by section 742.36 of the 9,388
Revised Code, shall be credited, and in which shall be 9,389
accumulated the reserves held in trust for the payment of all 9,390
pensions and other benefits provided by sections 742.01 to 742.61 9,391
of the Revised Code to members of a fire department retiring in 9,392
the future or their qualified beneficiaries and from which the 9,393
reserves for such pensions and other benefits shall be 9,394
transferred to the firemen's FIREFIGHTERS' pension reserve fund. 9,396
202
(E) The "policemen's POLICE OFFICERS' pension reserve 9,398
fund" is the fund from which shall be paid all pensions and other 9,400
benefits for which reserves have been transferred from the 9,401
policemen's POLICE OFFICERS' contribution fund and the policemen 9,403
POLICE OFFICER employers' contribution fund, and to which shall 9,404
be credited that percentage of the employers' accrued liability 9,405
that is attributable to the total of deductions previously made 9,406
from the salaries of members of the police department who are 9,407
retired and are receiving pensions or other benefits, or whose 9,408
beneficiaries are receiving benefits, at the time that portion of 9,409
the employers' accrued liability is paid, and that percentage of 9,410
the employers' accrued liability that is attributable to prior 9,411
service of members of the police department who are retired and 9,412
are receiving pensions or other benefits, or whose beneficiaries 9,413
are receiving benefits, at the time that portion of the 9,414
employers' accrued liability is paid.
(F) The "firemen's FIREFIGHTERS' pension reserve fund" is 9,417
the fund from which shall be paid all pensions and other benefits
for which reserves have been transferred from the firemen's 9,418
FIREFIGHTERS' contribution fund and the firemen FIREFIGHTER 9,420
employers' contribution fund, and to which shall be credited that 9,422
percentage of the employers' accrued liability that is 9,423
attributable to the total of deductions previously made from the 9,424
salaries of members of the fire department who are retired and 9,425
are receiving pensions or other benefits, or whose beneficiaries 9,426
are receiving benefits, at the time that portion of the 9,427
employers' accrued liability is paid, and that percentage of the 9,428
employers' accrued liability that is attributable to prior 9,429
service of members of the fire department who are retired and are 9,430
receiving pensions or other benefits, or whose beneficiaries are 9,431
receiving benefits, at the time that portion of the employers' 9,432
accrued liability is paid.
(G) The "guarantee fund" is the fund from which interest 9,434
is transferred and credited on the amounts in the funds described 9,435
203
in divisions (C), (D), (E), and (F) of this section, and is a 9,436
contingent fund from which the special requirements of said funds 9,437
may be paid by transfer from this fund. All income derived from 9,438
the investment of funds by the board of trustees of the OHIO 9,439
police and firemen's disability and FIRE pension fund as trustee 9,441
under section 742.11 of the Revised Code, together with all gifts 9,442
and bequests or the income therefrom, shall be paid into this 9,443
fund.
Any deficit occurring in any other fund that will not be 9,445
covered by payments to that fund, as otherwise provided by 9,446
sections 742.01 to 742.61 of the Revised Code, shall be paid by 9,448
transfers of amounts from the guarantee fund to such fund or
funds. Should the amount in the guarantee fund be insufficient 9,449
at any time to meet the amounts payable therefrom, the amount of 9,450
such deficiency, with regular interest, shall be paid by an 9,451
additional employer rate of current contribution as determined by 9,452
the actuary and shall be approved by the board of trustees of the 9,453
OHIO police and firemen's disability and FIRE pension fund, and 9,455
the amount of such additional employer contribution shall be 9,457
credited to the guarantee fund. 9,458
The board of trustees of the police and firemen's 9,460
disability and pension fund may accept gifts and bequests. Any 9,462
funds that may come into the possession of the board in this 9,463
manner, or any other funds whose disposition is not otherwise 9,464
provided for, shall be credited to the guarantee fund. 9,465
(H) The "expense fund" is the fund from which shall be 9,467
paid the expenses for the administration and management of the 9,469
OHIO police and firemen's disability and FIRE pension fund, as 9,471
provided by sections 742.01 to 742.61 of the Revised Code, and to 9,472
which shall be credited from the guarantee fund an amount 9,473
sufficient to pay the expenses of operation. 9,474
Sec. 742.60. Wherever in sections 742.01 to 742.61 of the 9,483
Revised Code, reference is made to the policemen's POLICE 9,485
OFFICERS' contribution fund, the firemen's FIREFIGHTERS' 9,486
204
contribution fund, the policemen POLICE OFFICER employers' 9,488
contribution fund, the firemen FIREFIGHTER employers'
contribution fund, the policemen's POLICE OFFICERS' pension 9,491
reserve fund, the firemen's FIREFIGHTERS' pension reserve fund, 9,492
the guarantee fund, or the expense fund, such reference shall be 9,495
construed to have been made to each as a separate legal entity. 9,496
This section does not prevent the deposit or investment of all
such moneys intermingled for such purpose, but such funds shall 9,497
be separate and distinct legal entities for all other purposes. 9,498
Sec. 742.61. The treasurer of state shall be the custodian 9,508
of all funds under the control and management of the board of
trustees of the OHIO police and firemen's disability and FIRE 9,510
pension fund, and all disbursements of such funds shall be paid 9,511
by the treasurer of state only upon instruments duly authorized 9,512
by the board and bearing the signatures of the chairperson and 9,514
secretary of the board. The signatures of the chairperson and 9,515
secretary may be facsimile signatures. 9,516
The treasurer of state shall give a separate and additional 9,518
bond in such amount as is fixed by the board, conditioned upon 9,519
the faithful performance of the treasurer of state's duties as 9,521
custodian of the funds under the control and management of the 9,522
board and to be executed by a surety company selected by the 9,523
board that is authorized to transact business in this state. 9,524
Such bond shall be deposited with the secretary of state and kept 9,525
in the secretary of state's office. The board may require the 9,527
treasurer of state to give other and additional bonds, as the 9,528
funds under the control and management of the board increase, in 9,529
such amounts and at such times as are fixed by the board, which 9,530
additional bonds shall be conditioned, filed, and executed as is 9,531
provided for the original bond of the treasurer of state covering 9,532
the funds under the control and management of the board. The 9,533
premium on all bonds shall be paid by the board.
The treasurer of state shall deposit any portion of the 9,535
funds under the control and management of the board not needed 9,536
205
for immediate use in the same manner as state funds are 9,537
deposited, and subject to all provisions of law with respect to 9,538
the deposit of state funds, by the treasurer of state, and all 9,539
interest earned on such funds so deposited shall be collected by 9,540
the treasurer of state and placed to the credit of the board. 9,541
Sec. 742.62. The firemen and policemen's OHIO PUBLIC 9,550
SAFETY OFFICERS death benefit fund is hereby created as the fund 9,553
to which shall be credited contributions paid by the state and
any moneys resulting from gifts made to the fund. The board of 9,554
trustees of the OHIO police and firemen's disability and FIRE 9,555
pension fund shall be the trustees of the firemen and policemen's 9,558
OHIO PUBLIC SAFETY OFFICERS death benefit fund. The board shall 9,559
have the same powers as provided in section 742.10 of the Revised 9,560
Code, in administering the firemen and policemen's OHIO PUBLIC 9,562
SAFETY OFFICERS death benefit fund. 9,563
Sec. 742.63. The board of trustees of the OHIO police and 9,572
firemen's disability and FIRE pension fund shall adopt rules for 9,574
the management of the firemen and policemen's OHIO PUBLIC SAFETY 9,576
OFFICERS death benefit fund and for disbursements of benefits as 9,578
set forth in this section.
(A) As used in this section: 9,580
(1) "Member" means a member of the OHIO police and 9,582
firemen's disability and FIRE pension fund or the state highway 9,584
patrol retirement system, or a member of the public employees 9,585
retirement system who at the time of the member's death was a 9,586
county sheriff or deputy sheriff, a full-time regular police 9,587
officer in a municipal corporation or township, a full-time 9,588
regular firefighter employed by the state, an instrumentality of 9,590
the state, a municipal corporation, a township, a joint fire 9,591
district, or another political subdivision, a full-time park 9,592
district ranger or patrol trooper, a full-time law enforcement 9,593
officer of the department of natural resources, a full-time 9,594
department of public safety enforcement agent, a full-time law 9,595
enforcement officer of parks, waterway lands, or reservoir lands 9,597
206
under the control of a municipal corporation, a full-time law 9,598
enforcement officer of a conservancy district, a correction 9,599
officer at an institution under the control of a county, a group 9,600
of counties, a municipal corporation, or the department of 9,601
rehabilitation and correction, a state university law enforcement 9,602
officer, or a member of a retirement system operated by a 9,603
municipal corporation who at the time of death was a full-time 9,604
law enforcement officer of parks, waterway lands, or reservoir 9,605
lands under the control of the municipal corporation. 9,606
(2) Notwithstanding section 742.01 of the Revised Code, 9,608
"fire or police department" includes a fire department of the 9,609
state or an instrumentality of the state or of a municipal 9,610
corporation, township, joint fire district, or other political 9,611
subdivision, the state highway patrol, a county sheriff's office, 9,612
the security force of an institution under the control of the 9,613
department of rehabilitation and correction, the security force 9,614
of a jail or workhouse under the control of a county, group of 9,615
counties, or municipal corporation, the security force of a 9,616
metropolitan, county, or township park district, the security 9,617
force of lands under the control of the department of natural 9,618
resources, department of public safety enforcement agents, the 9,620
security force of parks, waterway lands, or reservoir lands under 9,621
the control of a municipal corporation, the security force of a 9,622
conservancy district, the police department of a township or 9,623
municipal corporation, and the police force of a state 9,624
university.
(3) "Firefighter or police officer" includes a state 9,627
highway patrol trooper, a county sheriff or deputy sheriff, a 9,628
correction officer at an institution under the control of a 9,629
county, a group of counties, a municipal corporation, or the 9,630
department of rehabilitation and correction, a police officer 9,631
employed by a township or municipal corporation, a firefighter 9,633
employed by the state, an instrumentality of the state, a 9,635
municipal corporation, a township, a joint fire district, or 9,636
207
another political subdivision, a full-time park district ranger 9,637
or patrol trooper, a full-time law enforcement officer of the 9,639
department of natural resources, a full-time department of public 9,640
safety enforcement agent, a full-time law enforcement officer of 9,641
parks, waterway lands, or reservoir lands under the control of a 9,642
municipal corporation, a full-time law enforcement officer of a 9,643
conservancy district, and a state university law enforcement 9,644
officer.
(4) "Correction officer" includes, in addition to any 9,646
correction officer, any correction corporal, sergeant, 9,647
lieutenant, or captain, and the equivalents of all such persons. 9,648
(5) "A park district ranger or patrol trooper" means a 9,651
peace officer commissioned to make arrests, execute warrants, and 9,652
preserve the peace upon lands under the control of a board of 9,653
park commissioners of a metropolitan, county, or township park 9,654
district. 9,655
(6) "Metropolitan, county, or township park district" 9,657
means a park district created under the authority of Chapter 511. 9,658
or 1545. of the Revised Code. 9,659
(7) "Conservancy district" means a conservancy district 9,661
created under the authority of Chapter 6101. of the Revised Code. 9,662
(8) "Law enforcement officer" means an officer 9,664
commissioned to make arrests, execute warrants, and preserve the 9,665
peace upon lands under the control of the governmental entity 9,666
granting the commission. 9,667
(9) "Department of natural resources law enforcement 9,669
officer" includes a forest officer designated pursuant to section 9,670
1503.29 of the Revised Code, a preserve officer designated 9,671
pursuant to section 1517.10 of the Revised Code, a wildlife 9,672
officer designated pursuant to section 1531.13 of the Revised 9,673
Code, a park officer designated pursuant to section 1541.10 of 9,674
the Revised Code, and a state watercraft officer designated 9,675
pursuant to section 1547.521 of the Revised Code. 9,676
(10) "Retirement eligibility date" means the last day of 9,678
208
the month in which a deceased member would have first become 9,679
eligible, had the member lived, for the retirement pension 9,680
provided under section 145.33, division (C)(1) of section 742.37, 9,681
or division (A)(1) of section 5505.17 of the Revised Code or 9,682
provided by a retirement system operated by a municipal 9,683
corporation.
(11) "Death benefit amount" means an amount equal to the 9,685
full monthly salary received by a deceased member prior to death, 9,686
minus an amount equal to the benefit received under section 9,687
145.45, 742.37, 742.3714, or 5505.17 of the Revised Code or the 9,688
benefit received from a retirement system operated by a municipal 9,689
corporation, plus any increases in salary that would have been
granted the deceased member. 9,690
(12) "Killed in the line of duty" means either of the 9,692
following:
(a) Death in the line of duty; 9,694
(b) Death from injury sustained in the line of duty, 9,697
including heart attack or other fatal injury or illness caused
while in the line of duty. 9,698
(B) A spouse of a deceased member shall receive a death 9,700
benefit each month equal to the full death benefit amount, 9,701
provided that the deceased member was a firefighter or police 9,702
officer killed in the line of duty and there are no surviving 9,703
children eligible for a benefit under this section. The spouse 9,704
shall receive this benefit during the spouse's natural life until 9,706
the earlier of the deceased member's retirement eligibility date 9,707
or the spouse's remarriage, on which date the benefit provided 9,708
under this division shall terminate.
(C)(1) If a member killed in the line of duty as a 9,710
firefighter or police officer is survived only by a child or 9,713
children, the child or children shall receive a benefit each 9,714
month equal to the full death benefit amount. If there is more 9,715
than one surviving child, the benefit shall be divided equally 9,717
among these children.
209
(2) If the death benefit paid under this division is 9,719
divided among two or more surviving children and any of the 9,720
children become ineligible to continue receiving a portion of the 9,721
benefit as provided in division (H) of this section, the full 9,722
death benefit amount shall be paid to the remaining eligible 9,723
child or divided among the eligible children so that the benefit
paid to the remaining eligible child or children equals the full 9,724
death benefit amount. 9,725
(3) Notwithstanding divisions (C)(1) and (2) of this 9,728
section, all death benefits paid under this division shall 9,729
terminate on the deceased member's retirement eligibility date. 9,730
(D) If a member killed in the line of duty as a 9,732
firefighter or police officer is survived by both a spouse and a 9,733
child or children, the monthly benefit provided shall be as 9,734
follows: 9,735
(1)(a) If there is a surviving spouse and one surviving 9,737
child, the spouse shall receive an amount each month equal to 9,739
one-half of the full death benefit amount and the child shall 9,741
receive an amount equal to one-half of the full death benefit 9,742
amount.
(b) If the surviving spouse becomes ineligible to continue 9,744
receiving a death benefit due to remarriage or death, or the 9,745
child becomes ineligible as provided in division (H) of this 9,746
section, the surviving spouse or child remaining eligible shall 9,747
receive the full death benefit amount. 9,748
(2)(a) If there is a surviving spouse and more than one 9,750
child, the spouse shall receive an amount each month equal to 9,752
one-third of the full death benefit amount and the children shall 9,754
receive an amount, equally divided among them, equal to 9,755
two-thirds of the full death benefit amount.
(b) If a spouse and more than one child each are receiving 9,757
a death benefit under division (D)(2)(a) of this section and the 9,759
spouse becomes ineligible to receive a benefit due to remarriage 9,760
or death, the children shall receive an amount each month,
210
equally divided among them, equal to the full death benefit 9,761
amount.
(c) If a spouse and more than one child each are receiving 9,763
a benefit under division (D)(2)(a) of this section and any of the 9,765
children becomes ineligible to receive a benefit as provided in
division (H) of this section, the spouse and remaining eligible 9,766
child or children shall receive a death benefit as follows: 9,767
(i) If there are two or more remaining eligible children, 9,769
the spouse shall receive an amount each month equal to one-third 9,770
of the full death benefit amount and the children shall receive 9,771
an amount each month, equally divided among them, equal to 9,772
two-thirds of the full death benefit amount;
(ii) If there is one remaining eligible child, the spouse 9,774
shall receive an amount each month equal to one-half of the full 9,775
death benefit amount, and the child shall receive an amount each 9,776
month equal to one-half of the full death benefit amount. 9,777
(d) If a spouse and more than one child each are receiving 9,779
a benefit under division (D)(2)(a) of this section and all of the 9,781
children become ineligible to receive a benefit as provided in
division (H) of this section, the spouse shall receive the full 9,782
death benefit amount. 9,783
(3) Notwithstanding divisions (D)(1) and (2) of this 9,785
section, death benefits paid under this division to a surviving 9,786
spouse shall terminate on the earlier of the member's retirement 9,788
eligibility date or the spouse's remarriage. Death benefits paid 9,789
to a surviving child or children shall terminate on the deceased 9,790
member's retirement eligibility date unless earlier terminated 9,791
pursuant to division (H) of this section. 9,792
(E) If a member, on or after January 1, 1980, is killed in 9,795
the line of duty as a firefighter or police officer and is 9,796
survived by only a parent or parents dependent upon the member 9,798
for support, the parent or parents shall receive an amount each 9,800
month equal to the full death benefit amount. If there is more 9,802
than one surviving parent dependent upon the deceased member for 9,803
211
support, the death benefit amount shall be divided equally among 9,804
the surviving parents. On the death of one of the surviving 9,805
parents, the full death benefit amount shall be paid to the other
parent. 9,806
(F) A surviving spouse whose benefits are terminated in 9,808
accordance with division (B) or (D)(3) of this section on the 9,809
deceased member's retirement eligibility date, or who would 9,810
qualify for a benefit under division (B) or (D) of this section 9,811
except that the deceased member reached the member's retirement 9,812
eligibility date prior to the member's death, shall receive a 9,813
monthly death benefit under this division. The monthly death 9,815
benefit shall be one-half of an amount equal to the monthly 9,816
salary received by the deceased member prior to the member's 9,817
death, plus any salary increases the deceased member would have 9,819
received prior to the member's retirement eligibility date. The 9,821
benefit shall terminate on the surviving spouse's remarriage or 9,822
death. A death benefit payable under this division shall be 9,824
reduced by an amount equal to any allowance or benefit payable to 9,825
the surviving spouse under section 742.3714 of the Revised Code. 9,826
(G)(1) If there is not a surviving spouse eligible to 9,830
receive a death benefit under division (F) of this section or the 9,831
surviving spouse receiving a death benefit under that division 9,832
becomes ineligible to receive the benefit due to remarriage or 9,833
death, a surviving child or children whose benefits under 9,834
division (C) or (D) of this section are or have been terminated 9,835
pursuant to division (C)(3) or (D)(3) of this section or who 9,837
would qualify for a benefit under division (C) or (D) of this 9,838
section except that the deceased member reached the member's
retirement eligibility date prior to the member's death shall 9,839
receive a monthly death benefit under this division. The monthly 9,840
death benefit shall be one-half of an amount equal to the monthly 9,841
salary received by the deceased member prior to the member's 9,842
death, plus any salary increases the member would have received 9,844
prior to the member's retirement eligibility date. If there is 9,845
212
more than one surviving child, the benefit shall be divided 9,846
equally among the surviving children. 9,847
(2) If two or more surviving children each are receiving a 9,849
benefit under this division and any of those children becomes 9,850
ineligible to continue receiving a benefit as provided in 9,851
division (H) of this section, the remaining eligible child or 9,852
children shall receive an amount equal to one-half of the monthly 9,853
salary received by the deceased member prior to death, plus any 9,854
salary increases the deceased member would have received prior to 9,855
the retirement eligibility date. If there is more than one
remaining eligible child, the benefit shall be divided equally 9,856
among the eligible children. 9,857
(3) A death benefit, or portion of a death benefit, 9,859
payable to a surviving child under this division shall be reduced 9,860
by an amount equal to any allowance or benefit payable to that 9,861
child under section 742.3714 of the Revised Code, but the 9,862
reduction in that child's benefit shall not affect the amount 9,863
payable to any other surviving child entitled to a portion of the 9,864
death benefit.
(H) A death benefit paid to a surviving child under 9,867
division (C), (D), or (G) of this section shall terminate on the 9,868
death of the child or, unless one of the following is the case, 9,869
when the child reaches age eighteen:
(1) The child, because of physical or mental disability, 9,871
is unable to provide the child's own support, in which case the 9,872
death benefit shall terminate when the disability is removed; 9,874
(2) The child is unmarried, under age twenty-two, and a 9,876
student in and attending an institution of learning or training 9,877
pursuant to a program designed to complete in each school year 9,878
the equivalent of at least two-thirds of the full-time curriculum 9,879
requirements of the institution, as determined by the trustees of 9,880
the fund.
(I) Acceptance of any death benefit under this section 9,882
does not prohibit a spouse or child from receiving other benefits 9,883
213
provided under the OHIO police and firemen's disability and FIRE 9,885
pension fund, the state highway patrol retirement system, the 9,886
public employees retirement system, or a retirement system 9,887
operated by a municipal corporation. 9,888
(J) No person shall receive a benefit under this section 9,890
if any of the following occur: 9,891
(1) The person fails to exercise the right to a monthly 9,893
survivor benefit under division (A) or (B) of section 145.45, 9,894
division (D), (E), or (F) of section 742.37, or division (A)(3), 9,895
(4), or (7) of section 5505.17 of the Revised Code; to a monthly 9,896
survivor benefit from a retirement system operated by a municipal 9,897
corporation; or to a retirement allowance under section 742.3714 9,898
of the Revised Code. 9,899
(2) The member's accumulated contributions under this 9,901
chapter or Chapter 145. or 5505. of the Revised Code are refunded 9,902
unless the member had been a member of the public employees 9,903
retirement system and had fewer than eighteen months of total 9,904
service credit at the time of death. 9,905
(3) In the case of a full-time park district ranger or 9,907
patrol trooper, a full-time law enforcement officer of the 9,909
department of natural resources, a full-time law enforcement 9,910
officer of parks, waterway lands, or reservoir lands under the 9,911
control of a municipal corporation, a full-time law enforcement 9,912
officer of a conservancy district, a correction officer at an 9,913
institution under the control of a county, group of counties, or 9,914
municipal corporation, or a member of a retirement system 9,915
operated by a municipal corporation who at the time of the 9,916
member's death was a full-time law enforcement officer of parks, 9,918
waterway lands, or reservoir lands under the control of the 9,919
municipal corporation, the member died prior to April 9, 1981, in 9,920
the case of a benefit under division (B), (C), or (D) of this 9,921
section, or prior to January 1, 1980, in the case of a benefit 9,922
under division (E) of this section. 9,923
(4) In the case of a full-time department of public safety 9,925
214
enforcement agent who prior to the effective date of this 9,926
amendment JUNE 30, 1999, was a liquor control investigator of the 9,928
department of public safety, the member died prior to December
23, 1986; 9,929
(5) In the case of a full-time department of public safety 9,931
enforcement agent other than an enforcement agent who, prior to 9,932
the effective date of this amendment JUNE 30, 1999, was a liquor 9,933
control investigator, the member died prior to the effective date 9,934
of this amendment JUNE 30, 1999. 9,935
Sec. 902.10. All bonds issued under this chapter are 9,944
lawful investments of banks, societies for savings, savings and 9,945
loan associations, deposit guarantee associations, trust 9,946
companies, trustees, fiduciaries, insurance companies, including 9,947
domestic for life and domestic not for life, trustees or other 9,948
officers having charge of sinking and bond retirement or other 9,949
special funds of political subdivisions and taxing districts of 9,950
this state, the commissioners of the sinking fund of the state, 9,951
the administrator of workers' compensation, the state teachers 9,952
retirement system, the public employees retirement system, the 9,953
school employees retirement system, and the OHIO police and 9,954
firemen's disability and FIRE pension fund, notwithstanding any 9,956
other provision of the Revised Code or rules adopted pursuant 9,957
thereto by any governmental agency of the state with respect to 9,958
investments by them, and are acceptable as security for the 9,959
deposit of public moneys.
Sec. 1555.08. (A) Subject to the limitations provided in 9,968
Section 15 of Article VIII, Ohio Constitution, the commissioners 9,969
of the sinking fund, upon certification by the director of the 9,970
Ohio coal development office of the amount of moneys or 9,971
additional moneys needed in the coal research and development 9,972
fund for the purpose of making grants or loans for allowable 9,973
costs, or needed for capitalized interest, for funding reserves, 9,974
and for paying costs and expenses incurred in connection with the 9,975
issuance, carrying, securing, paying, redeeming, or retirement of 9,976
215
the obligations or any obligations refunded thereby, including 9,977
payment of costs and expenses relating to letters of credit, 9,978
lines of credit, insurance, put agreements, standby purchase 9,979
agreements, indexing, marketing, remarketing and administrative 9,980
arrangements, interest swap or hedging agreements, and any other 9,981
credit enhancement, liquidity, remarketing, renewal, or refunding 9,982
arrangements, all of which are authorized by this section, or 9,983
providing moneys for loan guarantees, shall issue obligations of 9,984
the state under this section in amounts authorized by the general 9,985
assembly; provided that such obligations may be issued to the 9,986
extent necessary to satisfy the covenants in contracts of 9,987
guarantee made under section 1555.05 of the Revised Code to issue 9,988
obligations to meet such guarantees, notwithstanding limitations 9,989
otherwise applicable to the issuance of obligations under this 9,990
section except the one-hundred-million-dollar limitation provided 9,991
in Section 15 of Article VIII, Ohio Constitution. The proceeds 9,992
of such obligations, except for the portion to be deposited in 9,993
the coal research and development bond service fund as may be 9,994
provided in the bond proceedings, shall as provided in the bond 9,995
proceedings be deposited in the coal research and development 9,996
fund. The commissioners of the sinking fund may appoint 9,997
trustees, paying agents, and transfer agents and may retain the 9,998
services of financial advisors, accounting experts, and 9,999
attorneys, and retain or contract for the services of marketing, 10,000
remarketing, indexing, and administrative agents, other 10,001
consultants, and independent contractors, including printing 10,002
services, as are necessary in their judgment to carry out this 10,003
section. 10,004
(B) The full faith and credit of the state of Ohio is 10,006
hereby pledged to obligations issued under this section except as 10,007
otherwise provided in section 1555.12 of the Revised Code. The 10,008
right of the holders and owners to payment of bond service 10,009
charges is limited to all or that portion of the moneys pledged 10,010
thereto pursuant to the bond proceedings in accordance with this 10,011
216
section, and each such obligation shall bear on its face a 10,012
statement to that effect. 10,013
(C) Obligations shall be authorized by resolution of the 10,015
commissioners of the sinking fund on request of the director of 10,016
the Ohio coal development office as provided in section 1555.02 10,017
of the Revised Code and the bond proceedings shall provide for 10,018
the purpose thereof and the principal amount or amounts, and 10,019
shall provide for or authorize the manner or agency for 10,020
determining the principal maturity or maturities, not exceeding 10,021
forty years from the date of issuance, the interest rate or rates 10,022
or the maximum interest rate, the date of the obligations and the 10,023
dates of payment of interest thereon, their denomination, and the 10,024
establishment within or without the state of a place or places of 10,025
payment of bond service charges. Sections 9.98 to 9.983 of the 10,026
Revised Code apply to obligations issued under this section, 10,027
subject to any applicable limitation under section 1555.12 of the 10,028
Revised Code. The purpose of such obligations may be stated in 10,029
the bond proceedings in terms describing the general purpose or 10,030
purposes to be served. The bond proceedings shall also provide, 10,031
subject to the provisions of any other applicable bond 10,032
proceedings, for the pledge of all, or such part as the 10,033
commissioners of the sinking fund may determine, of the moneys 10,034
credited to the coal research and development bond service fund 10,035
to the payment of bond service charges, which pledges may be made 10,036
either prior or subordinate to other expenses, claims, or 10,037
payments and may be made to secure the obligations on a parity 10,038
with obligations theretofore or thereafter issued, if and to the 10,039
extent provided in the bond proceedings. The moneys so pledged 10,040
and thereafter received by the state are immediately subject to 10,041
the lien of such pledge without any physical delivery thereof or 10,042
further act, and the lien of any such pledges is valid and 10,043
binding against all parties having claims of any kind against the 10,044
state or any governmental agency of the state, irrespective of 10,045
whether such parties have notice thereof, and shall create a 10,046
217
perfected security interest for all purposes of Chapter 1309. of 10,047
the Revised Code, without the necessity for separation or 10,048
delivery of funds or for the filing or recording of the bond 10,049
proceedings by which such pledge is created or any certificate, 10,050
statement or other document with respect thereto; and the pledge 10,051
of such moneys is effective and the money therefrom and thereof 10,052
may be applied to the purposes for which pledged without 10,053
necessity for any act of appropriation. Every pledge, and every 10,054
covenant and agreement made with respect thereto, made in the 10,055
bond proceedings may therein be extended to the benefit of the 10,056
owners and holders of obligations authorized by this section, and 10,057
to any trustee therefor, for the further security of the payment 10,058
of the bond service charges. 10,059
(D) The bond proceedings may contain additional provisions 10,061
as to: 10,062
(1) The redemption of obligations prior to maturity at the 10,064
option of the commissioners of the sinking fund at such price or 10,065
prices and under such terms and conditions as are provided in the 10,066
bond proceedings; 10,067
(2) Other terms of the obligations; 10,069
(3) Limitations on the issuance of additional obligations; 10,071
(4) The terms of any trust agreement or indenture securing 10,073
the obligations or under which the obligations may be issued; 10,074
(5) The deposit, investment, and application of the coal 10,076
research and development bond service fund, and the safeguarding 10,077
of moneys on hand or on deposit, without regard to Chapter 131. 10,078
or 135. of the Revised Code, but subject to any special 10,079
provisions of this chapter, with respect to particular moneys; 10,080
provided, that any bank or trust company which acts as depository 10,081
of any moneys in the fund may furnish such indemnifying bonds or 10,082
may pledge such securities as required by the commissioners of 10,083
the sinking fund; 10,084
(6) Any other provision of the bond proceedings being 10,086
binding upon the commissioners of the sinking fund, or such other 10,087
218
body or person as may from time to time have the authority under 10,088
law to take such actions as may be necessary to perform all or 10,089
any part of the duty required by such provision; 10,090
(7) Any provision which may be made in a trust agreement 10,092
or indenture; 10,093
(8) Any other or additional agreements with the holders of 10,095
the obligations, or the trustee therefor, relating to the 10,096
obligations or the security therefor, including the assignment of 10,097
mortgages or other security obtained or to be obtained for loans 10,098
under this chapter. 10,099
(E) The obligations may have the great seal of the state 10,101
or a facsimile thereof affixed thereto or printed thereon. The 10,102
obligations shall be signed by such members of the commissioners 10,103
of the sinking fund as are designated in the resolution 10,104
authorizing the obligations or bear the facsimile signatures of 10,105
such members. Any coupons attached to the obligations shall bear 10,106
the facsimile signature of the treasurer of state. Any 10,107
obligations may be executed by the persons who, on the date of 10,108
execution, are the commissioners although on the date of such 10,109
bonds the persons were not the commissioners. Any coupons may be 10,110
executed by the person who, on the date of execution, is the 10,111
treasurer of state although on the date of such coupons the 10,112
person was not the treasurer of state. In case any officer or 10,113
commissioner whose signature or a facsimile of whose signature 10,114
appears on any such obligations or any coupons ceases to be such 10,115
officer or commissioner before delivery thereof, such signature 10,116
or facsimile is nevertheless valid and sufficient for all 10,117
purposes as if the individual had remained such officer or 10,118
commissioner until such delivery; and in case the seal to be 10,120
affixed to obligations has been changed after a facsimile of the 10,121
seal has been imprinted on such obligations, such facsimile seal 10,122
shall continue to be sufficient as to such obligations and 10,123
obligations issued in substitution or exchange therefor. 10,124
(F) All obligations except loan guarantees are negotiable 10,126
219
instruments and securities under Chapter 1308. of the Revised 10,127
Code, subject to the provisions of the bond proceedings as to 10,128
registration. The obligations may be issued in coupon or in 10,129
registered form, or both, as the commissioners of the sinking 10,130
fund determine. Provision may be made for the registration of 10,131
any obligations with coupons attached thereto as to principal 10,132
alone or as to both principal and interest, their exchange for 10,133
obligations so registered, and for the conversion or reconversion 10,134
into obligations with coupons attached thereto of any obligations 10,135
registered as to both principal and interest, and for reasonable 10,136
charges for such registration, exchange, conversion, and 10,137
reconversion. 10,138
(G) Obligations may be sold at public sale or at private 10,140
sale, as determined in the bond proceedings. 10,141
(H) Pending preparation of definitive obligations, the 10,143
commissioners of the sinking fund may issue interim receipts or 10,144
certificates which shall be exchanged for such definitive 10,145
obligations. 10,146
(I) In the discretion of the commissioners of the sinking 10,148
fund, obligations may be secured additionally by a trust 10,149
agreement or indenture between the commissioners and a corporate 10,150
trustee, which may be any trust company or bank having its 10,151
principal place of business within the state. Any such agreement 10,152
or indenture may contain the resolution authorizing the issuance 10,153
of the obligations, any provisions that may be contained in any 10,154
bond proceedings, and other provisions that are customary or 10,155
appropriate in an agreement or indenture of such type, including, 10,156
but not limited to: 10,157
(1) Maintenance of each pledge, trust agreement, 10,159
indenture, or other instrument comprising part of the bond 10,160
proceedings until the state has fully paid the bond service 10,161
charges on the obligations secured thereby, or provision therefor 10,162
has been made; 10,163
(2) In the event of default in any payments required to be 10,165
220
made by the bond proceedings, or any other agreement of the 10,166
commissioners of the sinking fund made as a part of the contract 10,167
under which the obligations were issued, enforcement of such 10,168
payments or agreement by mandamus, the appointment of a receiver, 10,169
suit in equity, action at law, or any combination of the 10,170
foregoing; 10,171
(3) The rights and remedies of the holders of obligations 10,173
and of the trustee, and provisions for protecting and enforcing 10,174
them, including limitations on rights of individual holders of 10,175
obligations; 10,176
(4) The replacement of any obligations that become 10,178
mutilated or are destroyed, lost, or stolen; 10,179
(5) Such other provisions as the trustee and the 10,181
commissioners of the sinking fund agree upon, including 10,182
limitations, conditions, or qualifications relating to any of the 10,183
foregoing. 10,184
(J) Any holder of obligations or a trustee under the bond 10,186
proceedings, except to the extent that his THE HOLDER'S rights 10,187
are restricted by the bond proceedings, may by any suitable form 10,188
of legal proceedings protect and enforce any rights under the 10,189
laws of this state or granted by such bond proceedings. Such 10,190
rights include the right to compel the performance of all duties 10,191
of the commissioners of the sinking fund, the director of 10,192
development or the Ohio coal development office required by this 10,193
chapter and Chapter 1551. of the Revised Code or the bond 10,194
proceedings; to enjoin unlawful activities; and in the event of 10,195
default with respect to the payment of any bond service charges 10,196
on any obligations or in the performance of any covenant or 10,197
agreement on the part of the commissioners, the director, or the 10,198
office in the bond proceedings, to apply to a court having 10,199
jurisdiction of the cause to appoint a receiver to receive and 10,200
administer the moneys pledged, other than those in the custody of 10,201
the treasurer of state, that are pledged to the payment of the 10,202
bond service charges on such obligations or that are the subject 10,203
221
of the covenant or agreement, with full power to pay, and to 10,204
provide for payment of bond service charges on, such obligations, 10,205
and with such powers, subject to the direction of the court, as 10,206
are accorded receivers in general equity cases, excluding any 10,207
power to pledge additional revenues or receipts or other income 10,208
or moneys of the commissioners of the sinking fund or the state 10,209
or governmental agencies of the state to the payment of such 10,210
principal and interest and excluding the power to take possession 10,211
of, mortgage, or cause the sale or otherwise dispose of any 10,212
project. 10,213
Each duty of the commissioners of the sinking fund and 10,215
their employees, and of each governmental agency and its 10,216
officers, members, or employees, undertaken pursuant to the bond 10,217
proceedings or any grant, loan, or loan guarantee agreement made 10,218
under authority of this chapter, and in every agreement by or 10,219
with the commissioners, is hereby established as a duty of the 10,220
commissioners, and of each such officer, member, or employee 10,221
having authority to perform such duty, specifically enjoined by 10,222
the law resulting from an office, trust, or station within the 10,223
meaning of section 2731.01 of the Revised Code. 10,224
The persons who are at the time the commissioners of the 10,226
sinking fund, or their employees, are not liable in their 10,227
personal capacities on any obligations issued by the 10,228
commissioners or any agreements of or with the commissioners. 10,229
(K) The commissioners of the sinking fund may authorize 10,231
and issue obligations for the refunding, including funding and 10,232
retirement, and advance refunding with or without payment or 10,233
redemption prior to maturity, of any obligations previously 10,234
issued by the commissioners. Such obligations may be issued in 10,235
amounts sufficient for payment of the principal amount of the 10,236
prior obligations, any redemption premiums thereon, principal 10,237
maturities of any such obligations maturing prior to the 10,238
redemption of the remaining obligations on a parity therewith, 10,239
interest accrued or to accrue to the maturity dates or dates of 10,240
222
redemption of such obligations, and any allowable costs including 10,241
expenses incurred or to be incurred in connection with such 10,242
issuance and such refunding, funding, and retirement. Subject to 10,243
the bond proceedings therefor, the portion of proceeds of the 10,244
sale of obligations issued under this division to be applied to 10,245
bond service charges on the prior obligations shall be credited 10,246
to an appropriate account held by the trustee for such prior or 10,247
new obligations or to the appropriate account in the coal 10,248
research and development bond service fund for such obligations. 10,249
Obligations authorized under this division are deemed to be 10,250
issued for those purposes for which such prior obligations were 10,251
issued and are subject to the provisions of this section 10,252
pertaining to other obligations, except as otherwise provided in 10,253
this section; provided that, unless otherwise authorized by the 10,254
general assembly, any limitations imposed by the general assembly 10,255
pursuant to this section with respect to bond service charges 10,256
applicable to the prior obligations applies to the obligations 10,257
issued under this division to refund, fund, advance refund, or 10,258
retire such prior obligations. 10,259
(L) The authority to issue obligations under this section 10,261
includes authority to issue obligations in the form of bond 10,262
anticipation notes and to renew the notes from time to time by 10,263
the issuance of new notes. The holders of such notes or interest 10,264
coupons pertaining thereto shall have a right to be paid solely 10,265
from the moneys that may be pledged to the payment of the bonds 10,266
anticipated, or from the proceeds of such bonds or renewal notes, 10,267
or both, as the commissioners of the sinking fund provide in any 10,268
resolution authorizing such notes. Such notes may be 10,269
additionally secured by covenants of the commissioners to the 10,270
effect that they and the state will do such or all things 10,271
necessary for the issuance of such bonds or renewal notes in 10,272
appropriate amount, and apply the proceeds thereof to the extent 10,273
necessary, to make full payment of the principal of and interest 10,274
on such notes at the time or times contemplated, as provided in 10,275
223
such resolution. For such purpose, the commissioners may issue 10,276
bonds or renewal notes in such principal amount and upon such 10,277
terms as may be necessary to provide funds to pay when required 10,278
the principal of and interest on such notes, notwithstanding any 10,279
limitations prescribed by or for purposes of this section except 10,280
the one-hundred-million-dollar limitation provided in Section 15 10,281
of Article VIII, Ohio Constitution. Subject to this division, 10,282
all provisions for and references to obligations in this section 10,283
apply to notes authorized under this division. 10,284
The commissioners of the sinking fund in the bond 10,286
proceedings authorizing the issuance of bond anticipation notes 10,287
shall set forth for such bonds an estimated interest rate and a 10,288
schedule of principal payments for such bonds and the annual 10,289
maturity dates thereof. 10,290
(M) Obligations issued under this section are lawful 10,292
investments for banks, societies for savings, savings and loan 10,293
associations, deposit guarantee associations, trust companies, 10,294
trustees, fiduciaries, insurance companies, including domestic 10,295
for life and domestic not for life, trustees or other officers 10,296
having charge of sinking and bond retirement or other special 10,297
funds of political subdivisions and taxing districts of this 10,298
state, the commissioners of the sinking fund of the state, the 10,299
administrator of workers' compensation, the state teachers 10,300
retirement system, the public employees retirement system, the 10,301
school employees retirement system, and the OHIO police and 10,302
firemen's disability and FIRE pension fund, notwithstanding any 10,304
other provisions of the Revised Code or rules adopted pursuant 10,306
thereto by any governmental agency of the state with respect to 10,307
investments by them, and are also acceptable as security for the 10,308
deposit of public moneys. 10,309
(N) If the law or the instrument creating a trust pursuant 10,311
to division (I) of this section expressly permits investment in 10,312
direct obligations of the United States or an agency of the 10,313
United States, unless expressly prohibited by the instrument, 10,315
224
such moneys also may be invested in no-front-end-load money 10,316
market mutual funds consisting exclusively of obligations of the 10,317
United States or an agency of the United States and in repurchase 10,319
agreements, including those issued by the fiduciary itself, 10,320
secured by obligations of the United States or an agency of the 10,321
United States; and in collective investment funds established in 10,323
accordance with section 1111.14 of the Revised Code and 10,325
consisting exclusively of any such securities, notwithstanding 10,326
division (A)(1)(c) of that section. The income from such 10,328
investments shall be credited to such funds as the commissioners 10,329
of the sinking fund determine, and such investments may be sold 10,330
at such times as the commissioners determine or authorize. 10,331
(O) Provision may be made in the applicable bond 10,333
proceedings for the establishment of separate accounts in the 10,334
bond service fund and for the application of such accounts only 10,335
to the specified bond service charges on obligations pertinent to 10,336
such accounts and bond service fund and for other accounts 10,337
therein within the general purposes of such fund. Moneys to the 10,338
credit of the bond service fund shall be disbursed on the order 10,339
of the treasurer of state; provided, that no such order is 10,340
required for the payment from the bond service fund when due of 10,341
bond service charges on obligations. 10,342
(P) The commissioners of the sinking fund may pledge all, 10,344
or such portion as they determine, of the receipts of the bond 10,345
service fund to the payment of bond service charges on 10,346
obligations issued under this section, and for the establishment 10,347
and maintenance of any reserves, as provided in the bond 10,348
proceedings, and make other provisions therein with respect to 10,349
pledged receipts as authorized by this chapter, which provisions 10,350
control notwithstanding any other provisions of law pertaining 10,351
thereto. 10,352
(Q) The commissioners of the sinking fund may covenant in 10,354
the bond proceedings, and any such covenants control 10,355
notwithstanding any other provision of law, that the state and 10,356
225
applicable officers and governmental agencies of the state, 10,357
including the general assembly, so long as any obligations are 10,359
outstanding, shall:
(1) Maintain statutory authority for and cause to be 10,361
levied and collected taxes so that the pledged receipts are 10,362
sufficient in amount to meet bond service charges, and the 10,363
establishment and maintenance of any reserves and other 10,364
requirements provided for in the bond proceedings, and, as 10,365
necessary, to meet covenants contained in any loan guarantees 10,366
made under this chapter; 10,367
(2) Take or permit no action, by statute or otherwise, 10,369
that would impair the exemption from federal income taxation of 10,370
the interest on the obligations. 10,371
(R) There is hereby created in the state treasury the coal 10,373
research and development bond service fund. All moneys received 10,374
by or on account of the state and required by the applicable bond 10,375
proceedings, consistent with this section, to be deposited, 10,376
transferred, or credited to the bond service fund, and all other 10,377
moneys transferred or allocated to or received for the purposes 10,378
of the fund, shall be credited to such fund and to any separate 10,379
accounts therein, subject to applicable provisions of the bond 10,380
proceedings, but without necessity for any act of appropriation. 10,381
During the period beginning with the date of the first issuance 10,382
of obligations and continuing during such time as any such 10,383
obligations are outstanding, and so long as moneys in the bond 10,384
service fund are insufficient to pay all bond service charges on 10,385
such obligations becoming due in each year, a sufficient amount 10,386
of moneys of the state except as provided in section 1555.12 of 10,387
the Revised Code are committed and shall be paid to the bond 10,388
service fund in each year for the purpose of paying the bond 10,389
service charges becoming due in that year without necessity for 10,390
further act of appropriation for such purpose. The bond service 10,391
fund is a trust fund and is hereby pledged to the payment of bond 10,392
service charges to the extent provided in the applicable bond 10,393
226
proceedings, and payment thereof from such fund shall be made or 10,394
provided for by the treasurer of state in accordance with such 10,395
bond proceedings without necessity for any act of appropriation. 10,396
All investment earnings of the fund shall be credited to the 10,397
fund. 10,398
(S) For purposes of establishing the limitations contained 10,400
in Section 15 of Article VIII, Ohio Constitution, the "principal 10,401
amount" refers to the aggregate of the offering price of the 10,402
bonds or notes. "Principal amount" does not refer to the 10,403
aggregate value at maturity or redemption of the bonds or notes. 10,404
Sec. 1557.03. (A)(1) The commissioners of the sinking 10,413
fund are authorized to issue and sell, as provided in this 10,414
section and in amounts from time to time authorized by the 10,415
general assembly, general obligations of this state for the 10,416
purpose of financing or assisting in the financing of the costs 10,417
of projects. The full faith and credit, revenues, and taxing 10,418
power of the state are and shall be pledged to the timely payment 10,419
of debt charges on outstanding obligations, all in accordance 10,420
with Section 2l of Article VIII, Ohio Constitution, and sections 10,421
1557.03 to 1557.05 of the Revised Code, excluding from that 10,422
pledge fees, excises, or taxes relating to the registration, 10,423
operation, or use of vehicles on the public highways, or to fuels 10,424
used for propelling those vehicles, and so long as such 10,425
obligations are outstanding there shall be levied and collected 10,426
excises and taxes, excluding those excepted above, in amount 10,427
sufficient to pay the debt charges on such obligations and 10,428
financing costs relating to credit enhancement facilities. 10,429
(2) For meetings of the commissioners of the sinking fund 10,431
pertaining to the obligations under this chapter, each of the 10,432
commissioners may designate an employee or officer of that 10,433
commissioner's office to attend meetings when that commissioner 10,434
is absent for any reason, and such designee, when present, shall 10,435
be counted in determining whether a quorum is present at any 10,436
meeting and may vote and participate in all proceedings and 10,437
227
actions of the commissioners at that meeting pertaining to the 10,438
obligations, provided, that such designee shall not execute or 10,439
cause a facsimile of his THE DESIGNEE'S signature to be placed on 10,441
any obligation, or execute any trust agreement or indenture of 10,442
the commissioners. Such designation shall be in writing, 10,443
executed by the designating member, and shall be filed with the 10,444
secretary of the commissioners and such designation may be 10,445
changed from time to time by a similar written designation. 10,446
(B) The total principal amount of obligations outstanding 10,448
at any one time shall not exceed two hundred million dollars, and 10,449
not more than fifty million dollars in principal amount of 10,450
obligations to pay costs of projects may be issued in any fiscal 10,451
year, all determined as provided in sections 1557.03 to 1557.05 10,452
of the Revised Code. 10,453
(C) The state may participate by grants or contributions 10,455
in financing projects under this section made by local government 10,456
entities. Of the proceeds of the first two hundred million 10,457
dollars principal amount in obligations issued under this section 10,458
to pay costs of projects, at least twenty per cent shall be 10,459
allocated in accordance with section 1557.06 of the Revised Code 10,460
to grants or contributions to local government entities. The 10,461
director of budget and management shall establish and maintain 10,462
records in such manner as to show that the proceeds credited to 10,463
the Ohio parks and natural resources fund have been expended for 10,464
the purposes and in accordance with the limitations set forth 10,465
herein. 10,466
(D) Each issue of obligations shall be authorized by 10,468
resolution of the commissioners of the sinking fund. The bond 10,469
proceedings shall provide for the principal amount or maximum 10,470
principal amount of obligations of an issue, and shall provide 10,471
for or authorize the manner or agency for determining the 10,472
principal maturity or maturities, not exceeding the earlier of 10,473
twenty-five years from the date the debt represented by the 10,474
particular obligations was originally contracted, the interest 10,475
228
rate or rates, the date of and the dates of payment of interest 10,476
on the obligations, their denominations, and the establishment 10,477
within or without the state of a place or places of payment of 10,478
debt charges. Sections 9.96 and 9.98 to 9.983 of the Revised 10,479
Code are applicable to the obligations. The purpose of the 10,480
obligations may be stated in the bond proceedings as "financing 10,481
or assisting in the financing of projects as provided in Section 10,482
2l of Article VIII, Ohio Constitution." 10,483
(E) The proceeds of the obligations, except for any 10,485
portion to be deposited in special funds, or in escrow funds for 10,486
the purpose of refunding outstanding obligations, all as may be 10,487
provided in the bond proceedings, shall be deposited in the Ohio 10,488
parks and natural resources fund established by section 1557.02 10,489
of the Revised Code. 10,490
(F) The commissioners of the sinking fund may appoint 10,492
paying agents, bond registrars, securities depositories, and 10,493
transfer agents, and may retain the services of financial 10,494
advisers and accounting experts, and retain or contract for the 10,495
services of marketing, remarketing, indexing, and administrative 10,496
agents, other consultants, and independent contractors, including 10,497
printing services, as are necessary in the judgment of the 10,498
commissioners to carry out sections 1557.01 to 1557.05 of the 10,499
Revised Code. Financing costs are payable, as provided in the 10,500
bond proceedings, from the proceeds of the obligations, from 10,501
special funds, or from other moneys available for the purpose. 10,502
(G) The bond proceedings, including any trust agreement, 10,504
may contain additional provisions customary or appropriate to the 10,505
financing or to the obligations or to particular obligations, 10,506
including, but not limited to: 10,507
(1) The redemption of obligations prior to maturity at the 10,509
option of the state or of the holder or upon the occurrence of 10,510
certain conditions at such price or prices and under such terms 10,511
and conditions as are provided in the bond proceedings; 10,512
(2) The form of and other terms of the obligations; 10,514
229
(3) The establishment, deposit, investment, and 10,516
application of special funds, and the safeguarding of moneys on 10,517
hand or on deposit, without regard to Chapter 131. or 135. of the 10,518
Revised Code, provided that any bank or trust company that acts 10,519
as a depository of any moneys in special funds may furnish such 10,520
indemnifying bonds or may pledge such securities as required by 10,521
the commissioners of the sinking fund; 10,522
(4) Any or every provision of the bond proceedings binding 10,524
upon the commissioners of the sinking fund and such state agency 10,525
or local government entities, officer, board, commission, 10,526
authority, agency, department, or other person or body as may 10,527
from time to time have the authority under law to take such 10,528
actions as may be necessary to perform all or any part of the 10,529
duty required by such provision; 10,530
(5) The maintenance of each pledge, any trust agreement, 10,532
or other instrument composing part of the bond proceedings until 10,533
the state has fully paid or provided for the payment of the debt 10,534
charges on the obligations or met other stated conditions; 10,535
(6) In the event of default in any payments required to be 10,537
made by the bond proceedings, or any other agreement of the 10,538
commissioners of the sinking fund made as part of a contract 10,539
under which the obligations were issued or secured, the 10,540
enforcement of such payments or agreements by mandamus, suit in 10,541
equity, action at law, or any combination of the foregoing; 10,542
(7) The rights and remedies of the holders of obligations 10,544
and of the trustee under any trust agreement, and provisions for 10,545
protecting and enforcing them, including limitations on rights of 10,546
individual holders of obligations; 10,547
(8) The replacement of any obligations that become 10,549
mutilated or are destroyed, lost, or stolen; 10,550
(9) Provision for the funding, refunding, or advance 10,552
refunding or other provision for payment of obligations which 10,553
will then no longer be or be deemed to be outstanding for 10,554
purposes of this section or of the bond proceedings; 10,555
230
(10) Any provision that may be made in bond proceedings or 10,558
a trust agreement, including provision for amendment of the bond 10,559
proceedings;
(11) Such other provisions as the commissioners of the 10,561
sinking fund determine, including limitations, conditions, or 10,562
qualifications relating to any of the foregoing; 10,563
(12) Any other or additional agreements with the holders 10,565
of the obligations relating to the obligations or the security 10,566
for the obligations. 10,567
(H) The great seal of the state or a facsimile of that 10,569
seal may be affixed to or printed on the obligations. The 10,570
obligations shall be signed by or bear the facsimile signatures 10,571
of two or more of the commissioners of the sinking fund as 10,572
provided in the bond proceedings. Any obligations may be signed 10,573
by the person who, on the date of execution, is the authorized 10,574
signer although on the date of such obligations such person was 10,575
not a commissioner. In case the individual whose signature or a 10,576
facsimile of whose signature appears on any obligation ceases to 10,577
be a commissioner before delivery of the obligation, such 10,578
signature or facsimile is nevertheless valid and sufficient for 10,579
all purposes as if the individual had remained the member until 10,581
such delivery, and in case the seal to be affixed to or printed 10,582
on obligations has been changed after the seal has been affixed 10,583
to or a facsimile of the seal has been printed on the 10,584
obligations, that seal or facsimile seal shall continue to be 10,585
sufficient as to those obligations and obligations issued in 10,586
substitution or exchange therefor. 10,587
(I) Obligations may be issued in coupon or in fully 10,589
registered form, or both, as the commissioners of the sinking 10,590
fund determine. Provision may be made for the registration of 10,591
any obligations with coupons attached as to principal alone or as 10,592
to both principal and interest, their exchange for obligations so 10,593
registered, and for the conversion or reconversion into 10,594
obligations with coupons attached of any obligations registered 10,595
231
as to both principal and interest, and for reasonable charges for 10,596
such registration, exchange, conversion, and reconversion. 10,597
Pending preparation of definitive obligations, the commissioners 10,598
of the sinking fund may issue interim receipts or certificates 10,599
which shall be exchanged for such definitive obligations. 10,600
(J) Obligations may be sold at public sale or at private 10,602
sale, and at such price at, above, or below par, as determined by 10,603
the commissioners of the sinking fund in the bond proceedings. 10,604
(K) In the discretion of the commissioners of the sinking 10,606
fund, obligations may be secured additionally by a trust 10,607
agreement between the state and a corporate trustee which may be 10,608
any trust company or bank having its principal place of business 10,609
within the state. Any trust agreement may contain the resolution 10,610
authorizing the issuance of the obligations, any provisions that 10,611
may be contained in the bond proceedings, and other provisions 10,612
that are customary or appropriate in an agreement of the type. 10,613
(L) Except to the extent that their rights are restricted 10,615
by the bond proceedings, any holder of obligations, or a trustee 10,616
under the bond proceedings, may by any suitable form of legal 10,617
proceedings protect and enforce any rights under the laws of this 10,618
state or granted by the bond proceedings. Such rights include 10,619
the right to compel the performance of all duties of the 10,620
commissioners and the state. Each duty of the commissioners and 10,621
employees of the commissioners, and of each state agency and 10,622
local public entity and its officers, members, or employees, 10,623
undertaken pursuant to the bond proceedings, is hereby 10,624
established as a duty of the commissioners, and of each such 10,625
agency, local government entity, officer, member, or employee 10,626
having authority to perform such duty, specifically enjoined by 10,627
the law and resulting from an office, trust, or station within 10,628
the meaning of section 2731.01 of the Revised Code. The persons 10,629
who are at the time the commissioners, or employees of the 10,630
commissioners, are not liable in their personal capacities on any 10,631
obligations or any agreements of or with the commissioners 10,632
232
relating to obligations or under the bond proceedings. 10,633
(M) The commissioners of the sinking fund may authorize 10,635
and issue obligations for the refunding, including funding and 10,636
retirement, and advance refunding with or without payment or 10,637
redemption prior to maturity, of any obligations previously 10,638
issued. Such refunding obligations may be issued in amounts 10,639
sufficient to pay or to provide for payment of the principal 10,640
amount, including principal amounts maturing prior to the 10,641
redemption of the remaining obligations, any redemption premium, 10,642
and interest and other accreted amounts accrued or to accrue to 10,643
the maturity or redemption date or dates, payable on the refunded 10,644
obligations, and related financing costs and any expenses 10,645
incurred or to be incurred in connection with such issuance and 10,646
refunding. Subject to the bond proceedings therefor, the portion 10,647
of the proceeds of the sale of refunding obligations issued under 10,648
this division to be applied to debt charges on the prior 10,649
obligations shall be credited to an appropriate separate account 10,650
in the bond service fund and held in trust for the purpose by the 10,651
commissioners or by a corporate trustee. Obligations authorized 10,652
under this division shall be considered to be issued for those 10,653
purposes for which such prior obligations were issued, and, 10,654
except as otherwise provided in sections 1557.03 to 1557.05 of 10,655
the Revised Code pertaining to other obligations. 10,656
(N) The commissioners of the sinking fund may authorize 10,658
and issue obligations in the form of bond anticipation notes and 10,659
renew those notes from time to time by the issuance of new notes. 10,660
The holders of such notes or appertaining interest coupons have 10,661
the right to have debt charges on those notes paid solely from 10,662
the moneys and special funds that are or may be pledged to the 10,663
payment of debt charges on those notes, including the proceeds of 10,664
such bonds or renewal notes, or both, as the commissioners 10,665
provide in the bond proceedings authorizing the notes. Such 10,666
notes may be additionally secured by covenants of the 10,667
commissioners to the effect that the commissioners and the state 10,668
233
will do such or all things necessary for the issuance of bonds or 10,669
renewal notes in appropriate amount, and apply the proceeds 10,670
thereof to the extent necessary, to make full and timely payment 10,671
of the debt charges on such notes as provided in such bond 10,672
proceedings. For such purposes, the commissioners may issue 10,673
bonds or renewal notes in such principal amount and upon such 10,674
terms as may be necessary to provide moneys to pay when due the 10,675
debt charges on such notes. Except as otherwise provided in 10,676
sections 1557.03 to 1557.05 of the Revised Code, notes authorized 10,677
pursuant to this division are subject to sections 1557.03 to 10,678
1557.05 of the Revised Code pertaining to other obligations. 10,679
The commissioners of the sinking fund shall set forth in 10,681
the bond proceedings authorizing the issuance of bond 10,682
anticipation notes an estimated schedule of annual principal 10,683
payments for the bonds anticipated by such notes over a period of 10,684
not to exceed the maximum period permitted by division (D) of 10,685
this section. While the notes are outstanding there shall be 10,686
deposited, as shall be provided in the bond proceedings for those 10,687
notes, from the sources authorized for payment of debt charges on 10,688
the bonds, amounts sufficient to pay the principal of the bonds 10,689
anticipated as set forth in that estimated schedule during the 10,690
time the notes are outstanding, which amounts shall be used 10,691
solely to pay the principal of those notes or of the bonds 10,692
anticipated. 10,693
(O) Refunding or renewal obligations issued pursuant to 10,695
division (M) or (N) of this section shall not be counted against 10,696
the limitation on principal amount provided for in division (B) 10,697
of this section and shall be in addition to the amount authorized 10,698
by the general assembly as provided for in division (A) of this 10,699
section, to the extent the principal amount of those obligations 10,700
does not exceed the then outstanding principal amount of the 10,701
obligations to be refunded, renewed, or retired. 10,702
(P) Obligations are lawful investments for banks, 10,704
societies for savings, savings and loan associations, deposit 10,705
234
guarantee associations, trust companies, trustees, fiduciaries, 10,706
insurance companies, including domestic for life and domestic not 10,707
for life, trustees or other officers having charge of sinking and 10,708
bond retirement or other special funds of political subdivisions 10,709
and taxing districts of this state, the commissioners of the 10,710
sinking fund, the administrator of workers' compensation, the 10,711
state teachers retirement system, the public employees retirement 10,713
system, the school employees retirement system, and the OHIO 10,714
police and firemen's disability and FIRE pension fund, 10,716
notwithstanding any other provisions of the Revised Code or rules 10,717
adopted pursuant thereto by any state agency with respect to 10,718
investments by them, and are also acceptable as security for the 10,719
deposit of public moneys.
(Q) Unless otherwise provided in any applicable bond 10,721
proceedings, moneys to the credit of or in the special funds 10,722
established by or pursuant to this section may be invested by or 10,723
on behalf of the commissioners of the sinking fund only in notes, 10,724
bonds, or other direct obligations of the United States or of any 10,725
agency or instrumentality of the United States, in obligations of 10,727
this state or any political subdivision of this state, in 10,728
certificates of deposit of any national bank located in this 10,729
state and any bank, as defined in section 1101.01 of the Revised 10,730
Code, subject to inspection by the superintendent of financial 10,731
institutions, in the Ohio subdivision's fund established pursuant 10,733
to section 135.45 of the Revised Code, in no-front-end-load money 10,734
market mutual funds consisting exclusively of direct obligations 10,735
of the United States or of an agency or instrumentality of the 10,736
United States, and in repurchase agreements, including those 10,738
issued by any fiduciary, secured by direct obligations of the 10,739
United States or an agency or instrumentality of the United 10,740
States, and in collective investment funds established in 10,741
accordance with section 1111.14 of the Revised Code and 10,743
consisting exclusively of direct obligations of the United States
or of an agency or instrumentality of the United States, 10,745
235
notwithstanding division (A)(1)(c) of that section. The income 10,746
from investments shall be credited to such special funds or 10,748
otherwise as the commissioners of the sinking fund determine in 10,749
the bond proceedings, and the investments may be sold or 10,750
exchanged at such times as the commissioners determine or 10,751
authorize.
(R) Unless otherwise provided in any applicable bond 10,753
proceedings, moneys to the credit of or in a special fund shall 10,754
be disbursed on the order of the commissioners of the sinking 10,755
fund, provided that no such order is required for the payment 10,756
from the bond service fund or other special fund when due of debt 10,757
charges or required payments under credit enhancement facilities. 10,758
(S) The commissioners of the sinking fund may covenant in 10,760
the bond proceedings, and any such covenants shall be controlling 10,761
notwithstanding any other provision of law, that the state and 10,762
the applicable officers and agencies of the state, including the 10,763
general assembly, so long as any obligations are outstanding in 10,765
accordance with their terms, shall maintain statutory authority 10,766
for and cause to be charged and collected taxes, excises, and 10,767
other receipts of the state so that the receipts to the bond 10,768
service fund shall be sufficient in amounts to meet debt charges 10,769
and for the establishment and maintenance of any reserves and 10,770
other requirements, including payment of the costs of credit
enhancement facilities, provided for in the bond proceedings. 10,771
(T) The obligations, the transfer thereof, and the 10,773
interest, other accreted amounts, and other income therefrom, 10,774
including any profit made on the sale thereof, at all times 10,775
shall be free from taxation, direct or indirect, within the 10,776
state.
Sec. 2329.66. (A) Every person who is domiciled in this 10,785
state may hold property exempt from execution, garnishment, 10,786
attachment, or sale to satisfy a judgment or order, as follows: 10,787
(1)(a) In the case of a judgment or order regarding money 10,789
owed for health care services rendered or health care supplies 10,790
236
provided to the person or a dependent of the person, one parcel 10,791
or item of real or personal property that the person or a 10,792
dependent of the person uses as a residence. Division (A)(1)(a) 10,793
of this section does not preclude, affect, or invalidate the 10,794
creation under this chapter of a judgment lien upon the exempted 10,795
property but only delays the enforcement of the lien until the 10,796
property is sold or otherwise transferred by the owner or in 10,797
accordance with other applicable laws to a person or entity other 10,798
than the surviving spouse or surviving minor children of the 10,799
judgment debtor. Every person who is domiciled in this state may 10,800
hold exempt from a judgment lien created pursuant to division 10,801
(A)(1)(a) of this section the person's interest, not to exceed 10,802
five thousand dollars, in the exempted property. 10,803
(b) In the case of all other judgments and orders, the 10,805
person's interest, not to exceed five thousand dollars, in one 10,806
parcel or item of real or personal property that the person or a 10,807
dependent of the person uses as a residence. 10,808
(2) The person's interest, not to exceed one thousand 10,810
dollars, in one motor vehicle; 10,811
(3) The person's interest, not to exceed two hundred 10,813
dollars in any particular item, in wearing apparel, beds, and 10,814
bedding, and the person's interest, not to exceed three hundred 10,815
dollars in each item, in one cooking unit and one refrigerator or 10,816
other food preservation unit; 10,817
(4)(a) The person's interest, not to exceed four hundred 10,819
dollars, in cash on hand, money due and payable, money to become 10,820
due within ninety days, tax refunds, and money on deposit with a 10,821
bank, savings and loan association, credit union, public utility, 10,822
landlord, or other person. Division (A)(4)(a) of this section 10,823
applies only in bankruptcy proceedings. This exemption may 10,824
include the portion of personal earnings that is not exempt under 10,825
division (A)(13) of this section. 10,826
(b) Subject to division (A)(4)(d) of this section, the 10,828
person's interest, not to exceed two hundred dollars in any 10,829
237
particular item, in household furnishings, household goods, 10,830
appliances, books, animals, crops, musical instruments, firearms, 10,831
and hunting and fishing equipment, that are held primarily for 10,832
the personal, family, or household use of the person; 10,833
(c) Subject to division (A)(4)(d) of this section, the 10,835
person's interest in one or more items of jewelry, not to exceed 10,836
four hundred dollars in one item of jewelry and not to exceed two 10,837
hundred dollars in every other item of jewelry; 10,838
(d) Divisions (A)(4)(b) and (c) of this section do not 10,840
include items of personal property listed in division (A)(3) of 10,841
this section. 10,842
If the person does not claim an exemption under division 10,844
(A)(1) of this section, the total exemption claimed under 10,845
division (A)(4)(b) of this section shall be added to the total 10,846
exemption claimed under division (A)(4)(c) of this section, and 10,847
the total shall not exceed two thousand dollars. If the person 10,848
claims an exemption under division (A)(1) of this section, the 10,849
total exemption claimed under division (A)(4)(b) of this section 10,850
shall be added to the total exemption claimed under division 10,851
(A)(4)(c) of this section, and the total shall not exceed one 10,852
thousand five hundred dollars. 10,853
(5) The person's interest, not to exceed an aggregate of 10,855
seven hundred fifty dollars, in all implements, professional 10,856
books, or tools of the person's profession, trade, or business, 10,857
including agriculture; 10,859
(6)(a) The person's interest in a beneficiary fund set 10,861
apart, appropriated, or paid by a benevolent association or 10,862
society, as exempted by section 2329.63 of the Revised Code; 10,863
(b) The person's interest in contracts of life or 10,865
endowment insurance or annuities, as exempted by section 3911.10 10,866
of the Revised Code; 10,867
(c) The person's interest in a policy of group insurance 10,869
or the proceeds of a policy of group insurance, as exempted by 10,870
section 3917.05 of the Revised Code; 10,871
238
(d) The person's interest in money, benefits, charity, 10,873
relief, or aid to be paid, provided, or rendered by a fraternal 10,874
benefit society, as exempted by section 3921.18 of the Revised 10,875
Code; 10,876
(e) The person's interest in the portion of benefits under 10,878
policies of sickness and accident insurance and in lump-sum 10,879
payments for dismemberment and other losses insured under those 10,880
policies, as exempted by section 3923.19 of the Revised Code. 10,881
(7) The person's professionally prescribed or medically 10,883
necessary health aids; 10,884
(8) The person's interest in a burial lot, including, but 10,886
not limited to, exemptions under section 517.09 or 1721.07 of the 10,887
Revised Code; 10,888
(9) The person's interest in the following: 10,890
(a) Moneys paid or payable for living maintenance or 10,892
rights, as exempted by section 3304.19 of the Revised Code; 10,893
(b) Workers' compensation, as exempted by section 4123.67 10,896
of the Revised Code; 10,897
(c) Unemployment compensation benefits, as exempted by 10,899
section 4141.32 of the Revised Code; 10,900
(d) Cash assistance payments under the Ohio works first 10,902
program, as exempted by section 5107.75 of the Revised Code; 10,904
(e) Disability assistance payments, as exempted by section 10,906
5115.07 of the Revised Code. 10,907
(10)(a) Except in cases in which the person was convicted 10,909
of or pleaded guilty to a violation of section 2921.41 of the 10,910
Revised Code and in which an order for the withholding of 10,911
restitution from payments was issued under division (C)(2)(b) of 10,912
that section or in cases in which an order for withholding was 10,913
issued under section 2907.15 of the Revised Code, and only to the 10,914
extent provided in the order, and except as provided in sections 10,918
3105.171, 3105.63, 3111.23, and 3113.21 of the Revised Code, the 10,920
person's right to a pension, benefit, annuity, retirement 10,921
allowance, or accumulated contributions, the person's right to a 10,922
239
participant account in any deferred compensation program offered 10,923
by the Ohio public employees deferred compensation board, a 10,924
government unit, or a municipal corporation, or the person's 10,925
other accrued or accruing rights, as exempted by section 145.56, 10,926
145.75, 146.13, 742.47, 3307.71, 3309.66, or 5505.22 of the 10,927
Revised Code, and the person's right to benefits from the firemen 10,928
and policemen's OHIO PUBLIC SAFETY OFFICERS death benefit fund; 10,930
(b) Except as provided in sections 3111.23 and 3113.21 of 10,933
the Revised Code, the person's right to receive a payment under 10,934
any pension, annuity, or similar plan or contract, not including 10,935
a payment from a stock bonus or profit-sharing plan or a payment 10,936
included in division (A)(6)(b) or (10)(a) of this section, on 10,937
account of illness, disability, death, age, or length of service, 10,938
to the extent reasonably necessary for the support of the person 10,939
and any of the person's dependents, except if all the following 10,940
apply: 10,941
(i) The plan or contract was established by or under the 10,943
auspices of an insider that employed the person at the time the 10,944
person's rights under the plan or contract arose. 10,945
(ii) The payment is on account of age or length of 10,947
service. 10,948
(iii) The plan or contract is not qualified under the 10,950
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 10,951
amended. 10,952
(c) Except for any portion of the assets that were 10,954
deposited for the purpose of evading the payment of any debt and 10,955
except as provided in sections 3111.23 and 3113.21 of the Revised 10,957
Code, the person's right in the assets held in, or to receive any 10,959
payment under, any individual retirement account, individual 10,960
retirement annuity, "Roth IRA," or education individual 10,961
retirement account that provides benefits by reason of illness, 10,963
disability, death, or age, to the extent that the assets, 10,964
payments, or benefits described in division (A)(10)(c) of this 10,965
section are attributable to any of the following: 10,966
240
(i) Contributions of the person that were less than or 10,969
equal to the applicable limits on deductible contributions to an 10,970
individual retirement account or individual retirement annuity in 10,971
the year that the contributions were made, whether or not the 10,972
person was eligible to deduct the contributions on the person's 10,973
federal tax return for the year in which the contributions were 10,974
made;
(ii) Contributions of the person that were less than or 10,977
equal to the applicable limits on contributions to a Roth IRA or 10,978
education individual retirement account in the year that the 10,979
contributions were made;
(iii) Contributions of the person that are within the 10,982
applicable limits on rollover contributions under subsections 10,983
219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 10,984
408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue 10,987
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 10,989
(d) Except for any portion of the assets that were 10,992
deposited for the purpose of evading the payment of any debt and 10,993
except as provided in sections 3111.23 and 3113.21 of the Revised 10,994
Code, the person's right in the assets held in, or to receive any 10,995
payment under, any Keogh or "H.R. 10" plan that provides benefits 10,996
by reason of illness, disability, death, or age, to the extent 10,997
reasonably necessary for the support of the person and any of the 10,998
person's dependents. 10,999
(11) The person's right to receive spousal support, child 11,001
support, an allowance, or other maintenance to the extent 11,002
reasonably necessary for the support of the person and any of the 11,003
person's dependents; 11,005
(12) The person's right to receive, or moneys received 11,007
during the preceding twelve calendar months from, any of the 11,008
following: 11,009
(a) An award of reparations under sections 2743.51 to 11,011
2743.72 of the Revised Code, to the extent exempted by division 11,012
(D) of section 2743.66 of the Revised Code; 11,013
241
(b) A payment on account of the wrongful death of an 11,015
individual of whom the person was a dependent on the date of the 11,016
individual's death, to the extent reasonably necessary for the 11,017
support of the person and any of the person's dependents; 11,018
(c) Except in cases in which the person who receives the 11,020
payment is an inmate, as defined in section 2969.21 of the 11,021
Revised Code, and in which the payment resulted from a civil 11,022
action or appeal against a government entity or employee, as 11,023
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 11,025
injury, not including pain and suffering or compensation for 11,026
actual pecuniary loss, of the person or an individual for whom 11,027
the person is a dependent;
(d) A payment in compensation for loss of future earnings 11,029
of the person or an individual of whom the person is or was a 11,030
dependent, to the extent reasonably necessary for the support of 11,031
the debtor and any of the debtor's dependents. 11,032
(13) Except as provided in sections 3111.23 and 3113.21 of 11,035
the Revised Code, personal earnings of the person owed to the
person for services in an amount equal to the greater of the 11,036
following amounts: 11,037
(a) If paid weekly, thirty times the current federal 11,039
minimum hourly wage; if paid biweekly, sixty times the current 11,040
federal minimum hourly wage; if paid semimonthly, sixty-five 11,041
times the current federal minimum hourly wage; or if paid 11,042
monthly, one hundred thirty times the current federal minimum 11,043
hourly wage that is in effect at the time the earnings are 11,044
payable, as prescribed by the "Fair Labor Standards Act of 1938," 11,045
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 11,046
(b) Seventy-five per cent of the disposable earnings owed 11,048
to the person. 11,049
(14) The person's right in specific partnership property, 11,051
as exempted by division (B)(3) of section 1775.24 of the Revised 11,052
Code; 11,053
242
(15) A seal and official register of a notary public, as 11,055
exempted by section 147.04 of the Revised Code; 11,056
(16) The person's interest in a tuition credit or a 11,058
payment under section 3334.09 of the Revised Code pursuant to a 11,059
tuition credit contract, as exempted by section 3334.15 of the 11,060
Revised Code;
(17) Any other property that is specifically exempted from 11,062
execution, attachment, garnishment, or sale by federal statutes 11,063
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 11,064
U.S.C.A. 101, as amended; 11,065
(18) The person's interest, not to exceed four hundred 11,067
dollars, in any property, except that division (A)(18) of this 11,068
section applies only in bankruptcy proceedings. 11,069
(B) As used in this section: 11,071
(1) "Disposable earnings" means net earnings after the 11,073
garnishee has made deductions required by law, excluding the 11,074
deductions ordered pursuant to section 3111.23 or 3113.21 of the 11,076
Revised Code. 11,077
(2) "Insider" means: 11,079
(a) If the person who claims an exemption is an 11,081
individual, a relative of the individual, a relative of a general 11,082
partner of the individual, a partnership in which the individual 11,083
is a general partner, a general partner of the individual, or a 11,084
corporation of which the individual is a director, officer, or in 11,085
control; 11,086
(b) If the person who claims an exemption is a 11,088
corporation, a director or officer of the corporation; a person 11,089
in control of the corporation; a partnership in which the 11,090
corporation is a general partner; a general partner of the 11,091
corporation; or a relative of a general partner, director, 11,092
officer, or person in control of the corporation; 11,093
(c) If the person who claims an exemption is a 11,095
partnership, a general partner in the partnership; a general 11,096
partner of the partnership; a person in control of the 11,097
243
partnership; a partnership in which the partnership is a general 11,098
partner; or a relative in, a general partner of, or a person in 11,099
control of the partnership; 11,100
(d) An entity or person to which or whom any of the 11,102
following applies: 11,103
(i) The entity directly or indirectly owns, controls, or 11,105
holds with power to vote, twenty per cent or more of the 11,106
outstanding voting securities of the person who claims an 11,107
exemption, unless the entity holds the securities in a fiduciary 11,108
or agency capacity without sole discretionary power to vote the 11,109
securities or holds the securities solely to secure to debt and 11,110
the entity has not in fact exercised the power to vote. 11,111
(ii) The entity is a corporation, twenty per cent or more 11,113
of whose outstanding voting securities are directly or indirectly 11,114
owned, controlled, or held with power to vote, by the person who 11,115
claims an exemption or by an entity to which division 11,116
(B)(2)(d)(i) of this section applies. 11,117
(iii) A person whose business is operated under a lease or 11,119
operating agreement by the person who claims an exemption, or a 11,120
person substantially all of whose business is operated under an 11,121
operating agreement with the person who claims an exemption. 11,122
(iv) The entity operates the business or all or 11,124
substantially all of the property of the person who claims an 11,125
exemption under a lease or operating agreement. 11,126
(e) An insider, as otherwise defined in this section, of a 11,128
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 11,129
(iv) of this section applies, as if the person or entity were a 11,130
person who claims an exemption; 11,131
(f) A managing agent of the person who claims an 11,133
exemption. 11,134
(3) "Participant account" has the same meaning as in 11,136
section 145.71 of the Revised Code. 11,137
(4) "Government unit" has the same meaning as in section 11,139
145.74 of the Revised Code. 11,140
244
(C) For purposes of this section, "interest" shall be 11,142
determined as follows: 11,143
(1) In bankruptcy proceedings, as of the date a petition 11,145
is filed with the bankruptcy court commencing a case under Title 11,146
11 of the United States Code; 11,147
(2) In all cases other than bankruptcy proceedings, as of 11,149
the date of an appraisal, if necessary under section 2329.68 of 11,150
the Revised Code, or the issuance of a writ of execution. 11,151
An interest, as determined under division (C)(1) or (2) of 11,153
this section, shall not include the amount of any lien otherwise 11,154
valid pursuant to section 2329.661 of the Revised Code. 11,155
Sec. 2907.15. (A) As used in this section: 11,164
(1) "Public retirement system" means the public employees 11,167
retirement system, state teachers retirement system, school
employees retirement system, OHIO police and firemen's disability 11,169
and FIRE pension fund, state highway patrol retirement system, or 11,171
a municipal retirement system of a municipal corporation of this 11,172
state.
(2) "Government deferred compensation program" means such 11,174
a program offered by the Ohio public employees deferred 11,176
compensation board; a municipal corporation; or A governmental 11,177
unit, as defined in section 145.74 of the Revised Code. 11,178
(3) "Deferred compensation program participant" means a 11,180
"participating employee" or "continuing member," as defined in 11,181
section 145.71 of the Revised Code, or any other public employee 11,183
who has funds in a government deferred compensation program.
(4) "Prosecutor" has the same meaning as in section 11,185
2935.01 of the Revised Code. 11,186
In any case in which a sentencing court orders restitution 11,189
to the victim under section 2929.18 of the Revised Code for a 11,190
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 11,192
compensation program participant or is a member of, or receiving 11,193
a pension, benefit, or allowance, other than a survivorship 11,195
245
benefit, from, a public retirement system and committed the 11,196
offense against a child, student, patient, or other person with 11,197
whom the offender had contact in the context of the offender's 11,198
public employment, at the request of the victim the prosecutor
shall file a motion with the sentencing court specifying the 11,200
government deferred compensation program or public retirement 11,201
system and requesting that the court issue an order requiring the 11,202
government deferred compensation program or public retirement 11,203
system to withhold the amount required as restitution from one or 11,204
more of the following: any payment to be made from a government 11,205
deferred compensation program or under a pension, annuity, 11,206
allowance, or any other benefit, other than a survivorship
benefit, that has been or is in the future granted to the 11,208
offender; from any payment of accumulated employee contributions 11,209
standing to the offender's credit with the government deferred 11,210
compensation program or public retirement system; or from any 11,211
payment of any other amounts to be paid to the offender pursuant
to Chapter 145., 742., 3307., 3309., or 5505. of the Revised Code 11,212
on withdrawal of contributions. The motion may be filed at any 11,214
time subsequent to the conviction of the offender or entry of a 11,215
guilty plea. On the filing of the motion, the clerk of the court 11,216
in which the motion is filed shall notify the offender and the 11,217
government deferred compensation program or public retirement 11,218
system, in writing, of all of the following: that the motion was 11,219
filed; that the offender will be granted a hearing on the 11,220
issuance of the requested order if the offender files a written 11,221
request for a hearing with the clerk prior to the expiration of 11,222
thirty days after the offender receives the notice; that, if a 11,223
hearing is requested, the court will schedule a hearing as soon 11,224
as possible and notify the offender and the government deferred 11,225
compensation program or public retirement system of the date, 11,226
time, and place of the hearing; that, if a hearing is conducted, 11,227
it will be limited to a consideration of whether the offender can 11,228
show good cause why the order should not be issued; that, if a 11,229
246
hearing is conducted, the court will not issue the order if the 11,230
court determines, based on evidence presented at the hearing by 11,231
the offender, that there is good cause for the order not to be 11,233
issued; that the court will issue the order if a hearing is not 11,234
requested or if a hearing is conducted but the court does not 11,235
determine, based on evidence presented at the hearing by the 11,236
offender, that there is good cause for the order not to be 11,237
issued; and that, if the order is issued, the government deferred 11,238
compensation program or public retirement system specified in the 11,239
motion will be required to withhold the amount required as 11,240
restitution from payments to the offender.
(B) In any case in which a motion requesting the issuance 11,243
of a withholding order as described in division (A) of this 11,244
section is filed, the offender may receive a hearing on the 11,245
motion by delivering a written request for a hearing to the court 11,246
prior to the expiration of thirty days after the offender's 11,247
receipt of the notice provided pursuant to division (A) of this 11,248
section. If the offender requests a hearing within the 11,250
prescribed time, the court shall schedule a hearing as soon as 11,251
possible after the request is made and notify the offender and 11,252
the government deferred compensation program or public retirement
system of the date, time, and place of the hearing. A hearing 11,253
scheduled under this division shall be limited to a consideration 11,254
of whether there is good cause, based on evidence presented by 11,255
the offender, for the requested order not to be issued. If the 11,256
court determines, based on evidence presented by the offender, 11,257
that there is good cause for the order not to be issued, the 11,258
court shall deny the motion and shall not issue the order. Good 11,260
cause for not issuing the order includes a determination by the
court that the order would severely impact the offender's ability 11,261
to support the offender's dependents. 11,262
If the offender does not request a hearing within the 11,264
prescribed time or the court conducts a hearing but does not 11,265
determine, based on evidence presented by the offender, that 11,266
247
there is good cause for the order not to be issued, the court 11,267
shall order the government deferred compensation program or 11,268
public retirement system, to withhold the amount required as 11,269
restitution from one or more of the following: any payments to 11,270
be made from a government deferred compensation program or under 11,271
a pension, annuity, allowance, or under any other benefit, other 11,272
than a survivorship benefit, that has been or is in the future 11,274
granted to the offender; from any payment of accumulated employee 11,275
contributions standing to the offender's credit with the 11,276
government deferred compensation program or public retirement
system; or from any payment of any other amounts to be paid to 11,278
the offender upon withdrawal of contributions pursuant to Chapter 11,279
145., 742., 3307., 3309., or 5505. of the Revised Code and to 11,280
continue the withholding for that purpose, in accordance with the 11,282
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 11,283
receipt of an order issued under this division, the government 11,284
deferred compensation program or public retirement system shall 11,285
withhold the amount required as restitution, in accordance with 11,286
the order, from any such payments and immediately forward the 11,287
amount withheld to the clerk of the court in which the order was 11,288
issued for payment to the person to whom restitution is to be 11,289
made. The order shall not apply to any portion of payments made 11,290
from a government deferred compensation program or public
retirement system to a person other than the offender pursuant to 11,291
a previously issued domestic court order. 11,292
(C) Service of a notice required by division (A) or (B) of 11,295
this section shall be effected in the same manner as provided in 11,296
the Rules of Civil Procedure for the service of process. 11,298
(D) Upon the filing of charges under section 2907.02, 11,300
2907.03, 2907.04, or 2907.05 of the Revised Code against a person 11,302
who is a deferred compensation program participant or a member 11,303
of, or receiving a pension benefit, or allowance, other than a 11,304
survivorship benefit, from a public retirement system for an 11,305
248
offense against a child, student, patient, or other person with 11,306
whom the offender had contact in the context of the offender's 11,307
public employment, the prosecutor shall send written notice that 11,308
charges have been filed against that person to the appropriate
government deferred compensation program or public retirement 11,310
system. The notice shall specifically identify the person
charged.
Sec. 2921.41. (A) No public official or party official 11,318
shall commit any theft offense, as defined in division (K) of 11,319
section 2913.01 of the Revised Code, when either of the following 11,320
applies: 11,321
(1) The offender uses the offender's office in aid of 11,323
committing the offense or permits or assents to its use in aid of 11,324
committing the offense; 11,325
(2) The property or service involved is owned by this 11,327
state, any other state, the United States, a county, a municipal 11,328
corporation, a township, or any political subdivision, 11,329
department, or agency of any of them, is owned by a political 11,330
party, or is part of a political campaign fund. 11,331
(B) Whoever violates this section is guilty of theft in 11,333
office. Except as otherwise provided in this division, theft in 11,334
office is a felony of the fifth degree. If the value of property 11,335
or services stolen is five hundred dollars or more and is less 11,336
than five thousand dollars, theft in office is a felony of the 11,337
fourth degree. If the value of property or services stolen is 11,338
five thousand dollars or more, theft in office is a felony of the 11,339
third degree. 11,340
(C)(1) A public official or party official who is 11,342
convicted of or pleads guilty to theft in office is forever 11,343
disqualified from holding any public office, employment, or 11,344
position of trust in this state. 11,345
(2)(a) A court that imposes sentence for a violation of 11,347
this section based on conduct described in division (A)(2) of 11,348
this section shall require the public official or party official 11,349
249
who is convicted of or pleads guilty to the offense to make 11,350
restitution for all of the property or the service that is the 11,351
subject of the offense, in addition to the term of imprisonment 11,352
and any fine imposed. A court that imposes sentence for a 11,353
violation of this section based on conduct described in division 11,354
(A)(1) of this section and that determines at trial that this 11,355
state or a political subdivision of this state if the offender is 11,356
a public official, or a political party in the United States or 11,357
this state if the offender is a party official, suffered actual 11,358
loss as a result of the offense shall require the offender to 11,359
make restitution to the state, political subdivision, or 11,360
political party for all of the actual loss experienced, in 11,361
addition to the term of imprisonment and any fine imposed. 11,362
(b)(i) In any case in which a sentencing court is required 11,364
to order restitution under division (C)(2)(a) of this section and 11,365
in which the offender, at the time of the commission of the 11,366
offense or at any other time, was a member of the public 11,367
employees retirement system, the OHIO police and firemen's 11,368
disability and FIRE pension fund, the state teachers retirement 11,370
system, the school employees retirement system, or the state 11,371
highway patrol retirement system; was an electing employee, as 11,372
defined in section 3305.01 of the Revised Code, participating in 11,374
an alternative retirement plan provided pursuant to Chapter 3305. 11,376
of the Revised Code; was a participating employee or continuing 11,377
member, as defined in section 145.71 of the Revised Code, in a 11,378
deferred compensation program offered by the Ohio public 11,379
employees deferred compensation board; was an officer or employee 11,381
of a municipal corporation who was a participant in a deferred 11,382
compensation program offered by that municipal corporation; was 11,383
an officer or employee of a government unit;, as defined in 11,385
section 145.74 of the Revised Code, who was a participant in a 11,386
deferred compensation program offered by that government unit, or 11,387
was a participating employee, continuing member, or participant 11,388
in any deferred compensation program described in this division 11,389
250
and a member of a retirement system specified in this division or 11,390
a retirement system of a municipal corporation, the entity to 11,391
which restitution is to be made may file a motion with the 11,392
sentencing court specifying any retirement system, any entity 11,393
providing any benefit under an alternative retirement plan, and 11,394
any deferred compensation program of which the offender was a 11,395
member, electing employee, participating employee, continuing 11,396
member, or participant and requesting the court to issue an order 11,397
requiring the specified retirement system, the specified entity 11,398
providing the benefit under the alternative retirement plan, or 11,399
the specified deferred compensation program, or, if more than one 11,400
is specified in the motion, the applicable combination of these, 11,401
to withhold the amount required as restitution from any payment 11,403
that is to be made under a pension, annuity, or allowance, under 11,404
a participant account, as defined in section 145.71 of the 11,405
Revised Code, or under any other type of benefit, other than a 11,406
survivorship benefit, that has been or is in the future granted 11,407
to the offender, from any payment of accumulated employee 11,408
contributions standing to the offender's credit with that 11,409
retirement system, that entity providing the payment under the 11,410
alternative retirement plan, or that deferred compensation
program, or, if more than one is specified in the motion, the 11,412
applicable combination of these, and from any payment of any 11,414
other amounts to be paid to the offender upon the offender's
withdrawal of the offender's contributions pursuant to Chapter 11,415
145., 742., 3307., 3309., or 5505. of the Revised Code. A motion 11,416
described in this division may be filed at any time subsequent to 11,417
the conviction of the offender or entry of a guilty plea. Upon 11,418
the filing of the motion, the clerk of the court in which the 11,419
motion is filed shall notify the offender, the specified 11,420
retirement system, the specified entity providing the benefit 11,421
under the alternative retirement plan, or the specified deferred 11,422
compensation program, or, if more than one is specified in the 11,423
motion, the applicable combination of these, in writing, of all 11,425
251
of the following: that the motion was filed; that the offender 11,426
will be granted a hearing on the issuance of the requested order 11,427
if the offender files a written request for a hearing with the 11,428
clerk prior to the expiration of thirty days after the offender 11,429
receives the notice; that, if a hearing is requested, the court 11,430
will schedule a hearing as soon as possible and notify the 11,431
offender, any specified retirement system, any specified entity 11,432
providing any benefit under an alternative retirement plan, and 11,433
any specified deferred compensation program of the date, time, 11,434
and place of the hearing; that, if a hearing is conducted, it 11,435
will be limited only to a consideration of whether the offender 11,436
can show good cause why the requested order should not be issued; 11,437
that, if a hearing is conducted, the court will not issue the 11,438
requested order if the court determines, based on evidence 11,439
presented at the hearing by the offender, that there is good 11,440
cause for the requested order not to be issued; that the court 11,441
will issue the requested order if a hearing is not requested or 11,442
if a hearing is conducted but the court does not determine, based 11,443
on evidence presented at the hearing by the offender, that there 11,444
is good cause for the requested order not to be issued; and that, 11,445
if the requested order is issued, any retirement system, any 11,446
entity providing any benefit under an alternative retirement 11,447
plan, and any deferred compensation program specified in the 11,448
motion will be required to withhold the amount required as 11,449
restitution from payments to the offender. 11,450
(ii) In any case in which a sentencing court is required 11,452
to order restitution under division (C)(2)(a) of this section and 11,453
in which a motion requesting the issuance of a withholding order 11,454
as described in division (C)(2)(b)(i) of this section is filed, 11,455
the offender may receive a hearing on the motion by delivering a 11,456
written request for a hearing to the court prior to the 11,457
expiration of thirty days after the offender's receipt of the 11,458
notice provided pursuant to division (C)(2)(b)(i) of this 11,459
section. If a request for a hearing is made by the offender 11,460
252
within the prescribed time, the court shall schedule a hearing as 11,461
soon as possible after the request is made and shall notify the 11,462
offender, the specified retirement system, the specified entity 11,463
providing the benefit under the alternative retirement plan, or 11,464
the specified deferred compensation program, or, if more than one 11,466
is specified in the motion, the applicable combination of these, 11,468
of the date, time, and place of the hearing. A hearing scheduled 11,469
under this division shall be limited to a consideration of 11,470
whether there is good cause, based on evidence presented by the 11,471
offender, for the requested order not to be issued. If the court 11,472
determines, based on evidence presented by the offender, that 11,473
there is good cause for the order not to be issued, the court 11,474
shall deny the motion and shall not issue the requested order. 11,475
If the offender does not request a hearing within the prescribed 11,476
time or if the court conducts a hearing but does not determine, 11,477
based on evidence presented by the offender, that there is good 11,478
cause for the order not to be issued, the court shall order the 11,479
specified retirement system, the specified entity providing the 11,480
benefit under the alternative retirement plan, or the specified 11,481
deferred compensation program, or, if more than one is specified 11,482
in the motion, the applicable combination of these, to withhold 11,484
the amount required as restitution under division (C)(2)(a) of 11,485
this section from any payments to be made under a pension, 11,486
annuity, or allowance, under a participant account, as defined in 11,487
section 145.71 of the Revised Code, or under any other type of 11,488
benefit, other than a survivorship benefit, that has been or is 11,489
in the future granted to the offender, from any payment of 11,490
accumulated employee contributions standing to the offender's 11,491
credit with that retirement system, that entity providing the 11,492
benefit under the alternative retirement plan, or that deferred 11,493
compensation program, or, if more than one is specified in the 11,494
motion, the applicable combination of these, and from any payment 11,496
of any other amounts to be paid to the offender upon the 11,497
offender's withdrawal of the offender's contributions pursuant to 11,498
253
Chapter 145., 742., 3307., 3309., or 5505. of the Revised Code, 11,499
and to continue the withholding for that purpose, in accordance 11,500
with the order, out of each payment to be made on or after the 11,501
date of issuance of the order, until further order of the court. 11,502
Upon receipt of an order issued under this division, the public 11,503
employees retirement system, the OHIO police and firemen's 11,504
disability and FIRE pension fund, the state teachers retirement 11,506
system, the school employees retirement system, the state highway 11,507
patrol retirement system, a municipal corporation retirement 11,508
system, the entity providing the benefit under the alternative 11,509
retirement plan, and the deferred compensation program offered by 11,510
the Ohio public employees deferred compensation board, a 11,511
municipal corporation, or a government unit, as defined in 11,512
section 145.74 of the Revised Code, whichever are applicable, 11,513
shall withhold the amount required as restitution, in accordance 11,514
with the order, from any such payments and immediately shall 11,515
forward the amount withheld to the clerk of the court in which 11,516
the order was issued for payment to the entity to which 11,517
restitution is to be made.
(iii) Service of a notice required by division 11,519
(C)(2)(b)(i) or (ii) of this section shall be effected in the 11,520
same manner as provided in the Rules of Civil Procedure for the 11,521
service of process. 11,522
(D) Upon the filing of charges against a person under this 11,524
section, the prosecutor, as defined in section 2935.01 of the 11,525
Revised Code, who is assigned the case shall send written notice 11,526
that charges have been filed against that person to the public 11,527
employees retirement system, the OHIO police and firemen's 11,528
disability and FIRE pension fund, the state teachers retirement 11,530
system, the school employees retirement system, the state highway 11,531
patrol retirement system, the entity providing any benefit under 11,532
an alternative retirement plan, any municipal corporation 11,533
retirement system in this state, and the deferred compensation 11,534
program offered by the Ohio public employees deferred 11,535
254
compensation board, a municipal corporation, or a government 11,536
unit, as defined in section 145.74 of the Revised Code. The 11,537
written notice shall specifically identify the person charged. 11,538
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 11,547
of the Revised Code: 11,548
(1) "Obligor" means the person required to pay support 11,550
under an administrative support order. 11,551
(2) "Obligee" means the person entitled to receive the 11,553
support payments under an administrative support order. 11,554
(3) "Administrative support order" means an administrative 11,556
order for the payment of support that is issued by a child 11,557
support enforcement agency. 11,558
(4) "Support" means child support. 11,560
(5) "Personal earnings" means compensation paid or payable 11,562
for personal services, however denominated, and includes, but is 11,563
not limited to, wages, salary, commissions, bonuses, draws 11,564
against commissions, profit sharing, and vacation pay. 11,565
(6) "Financial institution" means a bank, savings and loan 11,567
association, or credit union, or a regulated investment company 11,568
or mutual fund in which a person who is required to pay support 11,569
has funds on deposit that are not exempt under the law of this 11,570
state or the United States from execution, attachment, or other 11,571
legal process. 11,572
(7) "Title IV-D case" means any case in which the child 11,574
support enforcement agency is enforcing the support order 11,575
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 11,576
2351 (1975), 42 U.S.C. 651, as amended. 11,577
(8) "Payor" means any person or entity that distributes 11,580
income to an obligor including, the obligor, if the obligor is 11,582
self-employed; an employer; an employer that is paying the 11,583
obligor's workers' compensation benefits; the public employees 11,584
retirement board; the governing entity of any municipal 11,585
retirement system; the board of trustees of the OHIO police and 11,587
firemen's disability and FIRE pension fund; the state teachers 11,588
255
retirement board; the school employees retirement board; the 11,590
state highway patrol retirement board; a person paying or 11,591
otherwise distributing an obligor's income; the bureau of 11,592
workers' compensation; or any other person or entity, except the 11,593
bureau of employment services with respect to unemployment 11,594
compensation benefits paid pursuant to Chapter 4141. of the 11,596
Revised Code.
(9) "Income" means any form of monetary payment including, 11,599
personal earnings; unemployment compensation benefits to the 11,600
extent permitted by, and in accordance with, section 2301.371 of 11,601
the Revised Code, division (D)(4) of section 4141.28 of the 11,603
Revised Code, and federal law governing the bureau of employment 11,604
services; workers' compensation payments; pensions; annuities; 11,606
allowances; retirement benefits; disability or sick pay; 11,607
insurance proceeds; lottery prize awards; federal, state, or 11,608
local government benefits to the extent that the benefits can be 11,609
withheld or deducted under the law governing the benefits; any 11,610
form of trust fund or endowment; lump-sum payments; and any other 11,611
monetary payments.
(B) A man who is presumed to be the natural father of a 11,614
child pursuant to section 3111.03 of the Revised Code assumes the 11,615
parental duty of support with respect to the child. 11,616
(C) Notwithstanding section 3109.01 of the Revised Code, a 11,618
parent's duty of support for a child shall continue beyond the 11,619
age of majority as long as the child continuously attends on a 11,620
full-time basis any recognized and accredited high school or a 11,622
court-issued child support order provides that the duty of
support continues beyond the age of majority. Except in cases in 11,623
which a child support order requires the duty of support to 11,624
continue for any period after the child reaches nineteen years of 11,625
age, the duty does not continue after the child reaches nineteen 11,626
years of age. The parental duty of support shall continue during 11,627
seasonal vacations. 11,628
A parent, guardian, or legal custodian of a child, the 11,630
256
person with whom the child resides, or the child support 11,631
enforcement agency of the county in which the child, parent, 11,632
guardian, or legal custodian of the child resides may file a 11,634
complaint pursuant to section 2151.231 of the Revised Code in the 11,635
juvenile court of that county requesting the court to order a 11,636
parent who neglects or does not assume the parental duty of 11,637
support to pay an amount for the support of the child and to 11,638
provide for the health care needs of the child and to provide for 11,639
the health care needs of the child, may contact a child support 11,640
enforcement agency for assistance in obtaining the order, or may 11,641
request an administrative officer of a child support enforcement 11,642
agency to issue an administrative order for the payment of child 11,643
support and providing for the health care needs of the child 11,644
pursuant to division (D) of this section. Upon the filing of the 11,646
complaint or the making of the request, the court shall issue an 11,647
order requiring the payment of support for the child and 11,648
providing for the health care needs of the child, pursuant to
section 2151.231 of the Revised Code, or the administrative 11,650
officer, pursuant to division (D) of this section, shall issue an 11,651
order requiring the payment of support for the child and
providing for the health care needs of the child. 11,652
A party to a request made under this division may raise the 11,654
issue of the existence or nonexistence of a parent-child 11,655
relationship between the presumed natural father and the child 11,656
unless the presumption is based on acknowledgment of paternity 11,657
that has become final pursuant to section 2151.232, 3111.211, or 11,658
5101.314 of the Revised Code. If a request is made for an
administrative order providing for support and health care needs 11,660
pursuant to division (D) of this section and the issue of the 11,662
existence or nonexistence of a parent-child relationship is
raised, the administrative officer shall treat the request as a 11,663
request made pursuant to section 3111.22 of the Revised Code and 11,664
determine the issue pursuant to that section. An administrative 11,665
order issued pursuant to division (D) of this section does not 11,667
257
preclude a party from requesting a determination of the issue of 11,668
the existence or nonexistence of a parent and child PARENT-CHILD 11,669
relationship pursuant to this chapter if the issue was not 11,670
determined with respect to the party in the proceedings conducted 11,672
pursuant to division (D) of this section or pursuant to an 11,673
acknowledgment of paternity that has become final under section 11,674
2151.232, 3111.211, or 5101.314 of the Revised Code. An order 11,675
issued pursuant to division (D) of this section shall remain 11,677
effective until a final and enforceable determination is made 11,678
pursuant to this chapter that a parent-child relationship does 11,679
not exist between the presumed natural father and the child or 11,680
until the occurrence of an event described in division (E)(4)(a) 11,681
of section 3111.23 of the Revised Code that requires the order to 11,682
be terminated.
(D) If a request is made pursuant to division (C) of this 11,684
section or division (A) of section 3111.211 of the Revised Code 11,685
for an administrative order requiring the payment of child 11,687
support and providing for the health care needs of the child, the
administrative officer shall schedule an administrative hearing 11,689
to determine, in accordance with sections 3111.23 to 3111.29 and 11,690
3113.215 of the Revised Code, the amount of child support either 11,691
parent is required to pay, the method of paying that child 11,693
support, and the method of providing for the child's health care. 11,694
The hearing shall be held not later than sixty days after the 11,695
request is made pursuant to division (A) of this section or 11,697
division (A) of section 3111.211 of the Revised Code nor earlier 11,698
than thirty days after the officer gives the mother and father of 11,699
the child notice of the action. When an administrative officer 11,700
issues an administrative order for the payment of support and 11,701
provision for the child's health care, all of the following 11,702
apply:
(1) The administrative support order shall require 11,705
periodic payments of support that may vary in amount, except 11,707
that, if it is in the best interest of the child, the 11,708
258
administrative officer may order a lump sum payment or the 11,709
purchase of an annuity in lieu of periodic payments of support. 11,710
(2) The administrative support order shall require the 11,712
parents to provide for the health care needs of the child in 11,713
accordance with section 3111.241 of the Revised Code. 11,714
The administrative support order shall include a notice 11,716
stating that the mother or the father may object to the 11,718
administrative order by bringing an action for the payment of 11,719
support and provision for the child's health care under section 11,720
2151.321 of the Revised Code in the juvenile court of the county 11,721
in which the child or the guardian or legal custodian of the 11,722
child resides, that the action may be brought no later than 11,723
thirty days after the date of the issuance of the administrative 11,724
support order, and that, if neither the mother nor the father 11,725
brings an action for the payment of support and provision for the 11,726
child's health care within that thirty-day period, the 11,728
administrative support order is final and enforceable by a court 11,729
and may be modified and enforced only as provided in sections 11,730
3111.20 to 3111.28 and 3113.21 to 3113.219 of the Revised Code. 11,732
Sec. 3113.21. (A)(1) In any action in which support is 11,741
ordered under Chapter 3115. or under section 2151.23, 2151.231, 11,742
2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 11,743
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 11,744
Revised Code, the court shall require the withholding or 11,745
deduction of income or assets of the obligor in accordance with 11,746
division (D) of this section or require the issuance of another 11,747
type of appropriate court order in accordance with division 11,748
(D)(3) or (4) or (H) of this section to ensure that withholding 11,750
or deduction from the income or assets of the obligor is 11,751
available from the commencement of the support order for the 11,753
collection of the support and any arrearages that occur. The 11,754
court shall determine the specific withholding or deduction 11,755
requirements or other appropriate requirements applicable to the 11,756
obligor under the support order in accordance with divisions (D) 11,757
259
and (H) of this section and section 2301.371 of the Revised Code 11,758
and shall include the specific requirements in the notices 11,759
described in divisions (A)(2) and (D) of this section or in the 11,760
court orders described in divisions (A)(2), (D)(3) or (4), and 11,761
(H) of this section. Any person required to comply with any 11,763
withholding or deduction requirement shall determine the manner 11,764
of withholding or deducting from the specific requirement 11,765
included in the notices described in those divisions without the 11,766
need for any amendment to the support order, and any person 11,767
required to comply with a court order described in division 11,768
(D)(3), (D)(4), or (H) of this section shall comply with the 11,770
court order without the need for any amendment to the support 11,771
order. The court shall include in any action in which support is 11,772
ordered as described in division (A)(1) of this section a general 11,773
provision that states the following:
"All child support and spousal support under this order 11,776
shall be withheld or deducted from the income or assets of the 11,778
obligor pursuant to a withholding or deduction notice or 11,779
appropriate court order issued in accordance with section 3113.21 11,780
of the Revised Code or a withdrawal directive issued pursuant to 11,781
section 3113.214 of the Revised Code and shall be forwarded to 11,782
the obligee in accordance with sections 3113.21 to 3113.213 of 11,783
the Revised Code." 11,784
(2) In any action in which support is ordered or modified 11,786
as described in division (A)(1) of this section, the court shall 11,787
determine in accordance with divisions (D) and (H) of this 11,788
section the types of withholding or deduction requirements or 11,789
other appropriate requirements that should be imposed relative to 11,790
the obligor under the support order to collect the support due 11,791
under the order. Within fifteen days after the obligor under the 11,792
support order is located subsequent to the issuance of the 11,793
support order or within fifteen days after the default under the 11,795
support order, whichever is applicable, the court or the child 11,796
support enforcement agency, as determined by agreement of the 11,797
260
court and the agency, shall send a notice by regular mail to each 11,798
person required to comply with a withholding or deduction 11,799
requirement. The notice shall specify the withholding or 11,800
deduction requirement and shall contain all of the information 11,801
set forth in division (D)(1)(b) or (2)(b) of this section that is 11,802
applicable to the requirement. If the appropriate requirement is 11,804
an order of the type described in division (D)(3), (D)(4), or (H) 11,805
of this section, the court shall issue and send a court order in 11,806
accordance with that division. The notices and court orders, and 11,807
the notices provided by the court or child support enforcement 11,808
agency that require the obligor to notify the agency of any 11,809
change in the obligor's employment status or of any other change
in the status of the obligor's assets, are final and are 11,810
enforceable by the court. When the court or agency issues a 11,811
notice, it shall provide the notice to the obligor in accordance 11,812
with division (D)(1)(c) or (D)(2)(c) of this section, whichever 11,814
is applicable, and shall include with the notice the additional 11,815
notices described in the particular division that is applicable. 11,816
(3)(a) If support is ordered or modified on or after 11,818
December 31, 1993, under Chapter 3115. or under section 2151.23, 11,819
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 11,821
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 11,822
of the Revised Code, if the court has determined in accordance 11,823
with division (A)(2) of this section the types of withholding or 11,824
deduction requirements or other appropriate requirements that 11,825
should be imposed relative to the obligor under the support order 11,826
to collect the support due under the order, if the court or a 11,827
child support enforcement agency has mailed the appropriate 11,828
notice to the person required to comply with the withholding or 11,829
deduction requirements that the court has determined should be 11,830
imposed or the court has issued and sent a court order described 11,831
in division (D)(3), (D)(4), or (H) of this section containing the 11,833
other appropriate requirements that the court determined should 11,834
be imposed, and if the child support enforcement agency is 11,835
261
notified or otherwise determines that the employment status or 11,836
other circumstances of the obligor have changed and that it is 11,837
more appropriate to impose another type of or an additional 11,838
withholding or deduction requirement or another type of or 11,839
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 11,840
3113.212 of the Revised Code. The notices and court orders 11,841
issued under this division and section 3113.212 of the Revised 11,842
Code, and the notices provided by the court or child support 11,843
enforcement agency that require the obligor to notify the agency 11,844
of any change in the obligor's employment status or of any other 11,845
change in the status of the obligor's assets, are final and are 11,847
enforceable by the court.
(b) All orders for support issued prior to December 31, 11,850
1993, under Chapter 3115. or under section 2151.23, 2151.231, 11,851
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 11,853
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 11,854
Code that have not been modified or subject to division (B) of 11,856
this section regarding a default under the order on or after that 11,857
date shall be considered to contain the general provision 11,858
described in division (A)(1) of this section and shall be 11,859
enforced and modified in the same manner as an order for support 11,860
issued on or after December 31, 1993.
(4) The department of human services shall adopt standard 11,862
forms for the support withholding and deduction notices that are 11,863
prescribed by divisions (A)(1) to (3) and (B) of this section. 11,864
All courts and child support enforcement agencies shall use the 11,865
forms in issuing withholding and deduction notices in compliance 11,866
with this section. 11,867
(B)(1)(a) In any action in which support is ordered under 11,870
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 11,871
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 11,873
3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, 11,874
or 3113.31 of the Revised Code and in which there has been a 11,875
262
default under the order, the court shall comply with divisions 11,876
(B)(1) to (6) of this section. 11,877
If the support was ordered prior to December 31, 1993, or 11,879
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 11,881
Code, the court that issued the order, or in the case of an order 11,883
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 11,884
Code, the common pleas court of the county in which the child 11,885
support enforcement agency that issued the order is located, 11,886
shall reissue the support order under which there has been a 11,887
default and shall include in the reissued order a general 11,888
provision as described in this division requiring the withholding 11,889
or deduction of income or assets of the obligor in accordance 11,891
with division (D) of this section or requiring the issuance of a 11,892
court order containing another type of appropriate requirement in 11,893
accordance with division (D)(3), (D)(4), or (H) of this section 11,895
to ensure that withholding or deduction from the income or assets 11,897
is available for the collection of current support and any 11,899
arrearages that occur. If the support was ordered pursuant to
section 3111.20, 3111.211, or 3111.22 of the Revised Code and the 11,901
support order includes a general provision similar to the one 11,902
described in this division, the court shall replace the similar 11,903
general provision with the general provision described in this 11,904
division. Except for the inclusion or replacement of the general 11,905
provision, the provisions of the reissued order required under 11,906
this division shall be identical to those of the support order 11,907
under which there has been a default. 11,908
When support has been ordered under any chapter or section 11,911
described in this division, the child support enforcement agency 11,912
shall initiate support withholding when the order is in default. 11,913
Immediately after the identification of a default under the 11,914
support order, the child support enforcement agency shall conduct 11,916
the investigation described in division (B)(1)(b) of this 11,917
section. Additionally, within fifteen calendar days after the 11,918
identification of a default under the support order, the child 11,919
263
support enforcement agency shall investigate the default and, if 11,920
it is before July 1, 1999, send advance notice to the obligor. 11,921
On and after that date, the division of child support in the 11,923
department of human services shall send the advance notice to the 11,924
obligor. The advance notice shall include a notice describing 11,925
the actions that may be taken against the obligor pursuant to 11,926
sections 2301.353, 2301.373, 2301.374, 2301.375, 2301.42 to 11,927
2301.45, and 3113.214 of the Revised Code if the court or agency 11,928
makes a final and enforceable determination that the obligor is 11,929
in default pursuant to this division. If the location of the 11,931
obligor is unknown at the time of the identification of a default 11,932
under the support order, the division shall send the advance 11,933
notice to the obligor within fifteen days after the agency 11,934
locates the obligor. The general provision for the withholding 11,935
or deduction of income or assets to be included in the reissued 11,937
support order specifically shall include the following statement: 11,938
"All child support and spousal support under this order 11,941
shall be withheld or deducted from the income or assets of the 11,943
obligor pursuant to a withholding or deduction notice or 11,944
appropriate court order issued in accordance with section 3113.21 11,945
of the Revised Code or a withdrawal directive issued pursuant to
section 3113.214 of the Revised Code and shall be forwarded to 11,946
the obligee in accordance with sections 3113.21 to 3113.213 of 11,947
the Revised Code." 11,948
(b) After the identification of a default under a support 11,950
order as described in division (B)(1)(a) of this section, the 11,951
child support enforcement agency immediately shall conduct an 11,952
investigation to determine the employment status of the obligor, 11,953
the obligor's social security number, the name and business 11,954
address of the obligor's employer, whether the obligor is in 11,955
default under a support order, the amount of any arrearages, and 11,956
any other information necessary to enable the court or agency to 11,957
impose any withholding or deduction requirements and issue the 11,958
related notices described in division (D) of this section or to 11,959
264
issue any court orders described in division (D)(3) or (4) of 11,961
this section. The agency also shall conduct an investigation 11,962
under this division when required by division (C)(1)(a) or (b) of 11,963
this section, shall complete the investigation within twenty days 11,964
after the obligor or obligee files the motion with the court 11,965
under division (C)(1)(a) of this section or the court orders the 11,966
investigation under division (C)(1)(b) of this section. 11,967
(2) An advance notice to an obligor required by division 11,969
(B)(1) of this section shall contain all of the following: 11,970
(a) A statement of the date on which the advance notice is 11,972
sent, the amount of arrearages owed by the obligor as determined 11,973
by the court or the child support enforcement agency, the types 11,974
of withholding or deduction requirements and related notices 11,975
described in division (D) of this section or the types of court 11,976
orders described in division (D)(3), (D)(4), or (H) of this 11,978
section that will be issued to pay support and any arrearages, 11,979
and the amount that will be withheld or deducted pursuant to 11,980
those requirements; 11,981
(b) A statement that any notice for the withholding or 11,983
deduction of an amount from income or assets apply to all current 11,985
and subsequent payors of the obligor and financial institutions 11,987
in which the obligor has an account and that any withholding or 11,988
deduction requirement and related notice described in division 11,989
(D) of this section or any court order described in division 11,990
(D)(3), (D)(4), or (H) of this section that is issued will not be 11,992
discontinued solely because the obligor pays any arrearages; 11,993
(c) An explanation of the administrative and court action 11,995
that will take place if the obligor contests the inclusion of any 11,996
of the provisions; 11,997
(d) A statement that the contents of the advance notice 11,999
are final and are enforceable by the court unless the obligor 12,000
files with the child support enforcement agency, within seven 12,001
days after the date on which the advance notice is sent, a 12,002
written request for an administrative hearing to determine if a 12,003
265
mistake of fact was made in the notice. 12,004
(3) If the obligor requests a hearing regarding the 12,006
advance notice in accordance with division (B)(2)(d) of this 12,007
section, the child support enforcement agency shall conduct an 12,008
administrative hearing no later than ten days after the date on 12,009
which the obligor files the request for the hearing. No later 12,010
than five days before the date on which the hearing is to be 12,011
conducted, the agency shall send the obligor and the obligee 12,012
written notice of the date, time, place, and purpose of the 12,013
hearing. The notice to the obligor and obligee also shall 12,014
indicate that the obligor may present testimony and evidence at 12,015
the hearing only in regard to the issue of whether a mistake of 12,016
fact was made in the advance notice. 12,017
At the hearing, the child support enforcement agency shall 12,019
determine whether a mistake of fact was made in the advance 12,020
notice. If it determines that a mistake of fact was made, the 12,021
agency shall determine the provisions that should be changed and 12,022
included in a corrected notice and shall correct the advance 12,023
notice accordingly. The agency shall send its determinations to 12,024
the obligor. The agency's determinations are final and are 12,025
enforceable by the court unless, within seven days after the 12,026
agency makes its determinations, the obligor files a written 12,027
motion with the court for a court hearing to determine if a 12,028
mistake of fact still exists in the advance notice or corrected 12,029
advance notice. 12,030
(4) If, within seven days after the agency makes its 12,032
determinations under division (B)(3) of this section, the obligor 12,033
files a written motion for a court hearing to determine if a 12,034
mistake of fact still exists in the advance notice or the 12,035
corrected advance notice, the court shall hold a hearing on the 12,036
request as soon as possible, but no later than ten days, after 12,037
the request is filed. If the obligor requests a court hearing, 12,038
no later than five days before the date on which the court 12,039
hearing is to be held, the court shall send the obligor and the 12,040
266
obligee written notice by ordinary mail of the date, time, place, 12,041
and purpose of the court hearing. The hearing shall be limited 12,042
to a determination of whether there is a mistake of fact in the 12,043
advance notice or the corrected advance notice. 12,044
If, at a hearing conducted under this division, the court 12,046
detects a mistake of fact in the advance notice or the corrected 12,047
advance notice, it immediately shall correct the notice. 12,048
(5) Upon exhaustion of all rights of the obligor to 12,050
contest the withholding or deduction on the basis of a mistake of 12,051
fact and no later than the expiration of forty-five days after 12,052
the issuance of the advance notice under division (B)(1) of this 12,053
section, the court or child support enforcement agency shall 12,054
issue one or more notices requiring withholding or deduction of 12,055
income or assets of the obligor in accordance with divisions 12,057
(A)(2) and (D) of this section, or the court shall issue one or 12,058
more court orders imposing other appropriate requirements in 12,059
accordance with division (A)(2) and division (D)(3), (D)(4), or 12,061
(H) of this section. Thereafter, section 3113.212 of the Revised 12,062
Code applies in relation to the issuance of the notices and court 12,063
orders. The notices and court orders issued under this division 12,064
or section 3113.212 of the Revised Code are final and are 12,065
enforceable by the court. The court or agency shall send to the 12,066
obligor by ordinary mail a copy of the withholding or deduction 12,067
notice, in accordance with division (D) of this section. The 12,068
failure of the court or agency to give the notice required by 12,069
this division does not affect the ability of any court to issue 12,070
any notice or order under this section or any other section of 12,071
the Revised Code for the payment of support, does not provide any 12,072
defense to any notice or order for the payment of support that is 12,073
issued under this section or any other section of the Revised 12,074
Code, and does not affect any obligation to pay support. 12,075
(6) The department of human services shall adopt standard 12,077
forms for the advance notice prescribed by divisions (B)(1) to 12,078
(5) of this section. All courts and child support enforcement 12,079
267
agencies shall use those forms, and the support withholding and 12,080
deduction notice forms adopted under division (A)(4) of this 12,081
section, in complying with this section. 12,082
(C)(1) In any action in which support is ordered under 12,084
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 12,085
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 12,087
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 12,089
Code, all of the following apply:
(a) The obligor or obligee under the order may file a 12,091
motion with the court that issued the order requesting the 12,092
issuance of one or more withholding or deduction notices as 12,093
described in division (D) of this section to pay the support due 12,094
under the order. The motion may be filed at any time after the 12,095
support order is issued. Upon the filing of a motion pursuant to 12,096
this division, the child support enforcement agency immediately 12,097
shall conduct, and shall complete within twenty days after the 12,098
motion is filed, an investigation in accordance with division 12,099
(B)(1)(b) of this section. Upon the completion of the 12,100
investigation and the filing of the agency's report under 12,101
division (B)(1)(b) of this section, the court shall issue one or 12,102
more appropriate orders described in division (D) of this 12,103
section. 12,104
(b) If any proceedings involving the support order are 12,106
commenced in the court and if the court has not issued any orders 12,107
under division (D) of this section as it existed prior to 12,109
December 31, 1993, with respect to the support order, if the 12,110
court determines that any orders issued under division (D) of 12,111
this section as it existed prior to December 31, 1993, no longer 12,113
are appropriate, if the court on or after December 31, 1993, has 12,115
not modified or reissued the support order under division (A) or 12,117
(B) of this section and issued any notices under division (D) or 12,118
court orders under division (D)(3) or (4) of this section, or if 12,120
the court on or after December 31, 1993, has modified or reissued 12,122
the support order under division (A) or (B) of this section and 12,123
268
issued one or more notices under division (D) or one or more 12,124
court orders under division (D)(3) or (4) of this section but 12,126
determines that the notices or court orders no longer are 12,127
appropriate, the court, prior to or during any hearings held with 12,128
respect to the proceedings and prior to the conclusion of the 12,129
proceedings, shall order the child support enforcement agency to 12,130
conduct an investigation pursuant to division (B)(1)(b) of this 12,131
section. Upon the filing of the findings of the agency following 12,132
the investigation, the court, as necessary, shall issue one or 12,133
more notices described in division (D) or one or more court 12,134
orders described in division (D)(3) or (4) of this section or 12,136
modify any notices previously issued under division (D) or any 12,137
court orders previously issued under division (D)(3) or (4) of 12,139
this section.
(c)(i) If a child support enforcement agency, in 12,141
accordance with section 3113.216 of the Revised Code, requests 12,142
the court to issue a revised child support order in accordance 12,143
with a revised amount of child support calculated by the agency, 12,144
the court shall proceed as described in this division. If 12,145
neither the obligor nor the obligee requests a court hearing on 12,146
the revised amount of child support, the court shall issue a 12,147
revised child support order requiring the obligor to pay the 12,148
revised amount of child support calculated by the agency. 12,149
However, if the obligor or the obligee requests a court hearing 12,150
on the revised amount of child support calculated by the agency, 12,151
the court, in accordance with division (C)(1)(c)(ii) of this 12,152
section, shall schedule and conduct a hearing to determine if the 12,153
revised amount of child support is the appropriate amount and if 12,154
the amount of child support being paid under the child support 12,155
order otherwise should be revised. 12,156
(ii) If the court is required to schedule and conduct a 12,158
hearing pursuant to division (C)(1)(c)(i) of this section, the 12,159
court shall give the obligor, obligee, and agency at least thirty 12,160
days' notice of the date, time, and location of the hearing; 12,161
269
order the obligor to provide the court with a copy of the 12,162
obligor's federal income tax return from the previous year, a 12,163
copy of all pay stubs obtained by the obligor within the 12,164
preceding six months, a copy of all other records evidencing the 12,166
receipt of any other salary, wages, or compensation by the
obligor within the preceding six months, a list of the group 12,167
health insurance and health care policies, contracts, and plans 12,168
available to the obligor and their costs, and the current health 12,169
insurance or health care policy, contract, or plan under which 12,170
the obligor is enrolled and its cost, if the obligor failed to 12,171
provide any of those documents to the agency, and order the 12,172
obligee to provide the court with a copy of the obligee's federal 12,173
income tax return from the previous year, a copy of all pay stubs 12,174
obtained by the obligee within the preceding six months, a copy 12,176
of all other records evidencing the receipt of any other salary, 12,177
wages, or compensation by the obligee within the preceding six 12,178
months, a list of the group health insurance and health care
policies, contracts, and plans available to the obligee and their 12,179
costs, and the current health insurance or health care policy, 12,180
contract, or plan under which the obligee is enrolled and its 12,181
cost, if the obligee failed to provide any of those documents to 12,183
the agency; give the obligor and the obligee notice that any 12,184
willful failure to comply with that court order is contempt of 12,185
court and, upon a finding by the court that the party is in 12,186
contempt of court, the court and the agency will take any action 12,187
necessary to obtain the information or make any reasonable 12,188
assumptions necessary with respect to the information the person 12,190
in contempt of court did not provide to ensure a fair and
equitable review of the child support order; issue a revised 12,192
child support order requiring the obligor to pay the revised 12,193
amount of child support calculated by the agency, if the court 12,194
determines at the hearing that the revised amount of child 12,195
support calculated by the agency is the appropriate amount; and 12,196
determine the appropriate amount of child support and, if 12,197
270
necessary, issue a revised child support order requiring the 12,198
obligor to pay the amount of child support determined by the 12,199
court, if the court determines that the revised amount of child 12,200
support calculated by the agency is not the appropriate amount. 12,201
(iii) In determining, at a hearing conducted under 12,203
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 12,204
amount of child support to be paid by the obligor, the court 12,205
shall consider, in addition to all other factors required by law 12,206
to be considered, the appropriate person, whether it is the 12,207
obligor, obligee, or both, to be required in accordance with 12,208
section 3113.217 of the Revised Code to provide health insurance 12,210
coverage for the children specified in the order, and the cost of 12,211
health insurance which the obligor, the obligee, or both have 12,212
been ordered in accordance with section 3113.217 of the Revised 12,213
Code to obtain for the children specified in the order. 12,214
(d)(i) An obligee under a child support order may file a 12,217
motion with the court that issued the order requesting the court 12,218
to modify the order to require the obligor to obtain health 12,219
insurance coverage for the children who are the subject of the 12,220
order, and an obligor under a child support order may file a 12,221
motion with the court that issued the order requesting the court 12,222
to modify the order to require the obligee to obtain health 12,223
insurance coverage for those children. Upon the filing of such a 12,224
motion, the court shall order the child support enforcement 12,225
agency to conduct an investigation to determine whether the 12,226
obligor or obligee has satisfactory health insurance coverage for 12,227
the children. Upon completion of its investigation, the agency 12,228
shall inform the court, in writing, of its determination. If the 12,229
court determines that neither the obligor nor the obligee has 12,230
satisfactory health insurance coverage for the children, it shall 12,231
modify the child support order in accordance with section 12,233
3113.217 of the Revised Code.
(ii) An obligor or obligee under a child support order may 12,236
file a motion with the court that issued the order requesting the 12,237
271
court to modify the amount of child support required to be paid 12,238
under the order because that amount does not adequately cover the 12,239
medical needs of the child. Upon the filing of such a motion, 12,240
the court shall determine whether the amount of child support 12,241
required to be paid under the order adequately covers the medical 12,242
needs of the child and whether to modify the order, in accordance 12,243
with division (B)(4) of section 3113.215 of the Revised Code. 12,244
(e) Whenever a court modifies, reviews, or otherwise 12,246
reconsiders a child support order, it may reconsider which parent 12,247
may claim the children who are the subject of the child support 12,248
order as dependents for federal income tax purposes as set forth 12,249
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 12,250
2085, 26 U.S.C. 1, as amended, and shall issue its determination 12,251
on this issue as part of the child support order. The court in 12,252
its order may permit the parent who is not the residential parent 12,253
and legal custodian to claim the children as dependents for 12,254
federal income tax purposes only if the payments for child 12,255
support are current in full as ordered by the court for the year 12,256
in which the children will be claimed as dependents. If the 12,257
court determines that the parent who is not the residential 12,258
parent and legal custodian may claim the children as dependents 12,259
for federal income tax purposes, it shall order the residential 12,260
parent to take whatever action is necessary pursuant to section 12,261
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 12,262
U.S.C. 1, as amended, to enable the parent who is not the 12,263
residential parent and legal custodian to claim the children as 12,264
dependents for federal income tax purposes in accordance with the 12,265
order of the court. Any willful failure of the residential 12,266
parent to comply with the order of the court is contempt of 12,267
court. 12,268
(f) When issuing or modifying a child support order, the 12,271
court shall include in the order all of the requirements, 12,272
specifications, and statements described in division (B) of 12,273
section 3113.218 of the Revised Code. If the obligor or obligee 12,274
272
does not request a court hearing on the revised amount of child 12,275
support determined by the agency and filed with the court 12,276
pursuant to section 3113.216 of the Revised Code and the court 12,278
modifies the order to include the revised amount pursuant to 12,279
division (C)(1)(c)(i) of this section, the modification shall 12,281
relate back to the first day of the month following the date 12,282
certain on which the review of the child support order began
pursuant to division (C)(1)(a) of section 3113.216 of the Revised 12,283
Code. If the obligor or obligee requests a court hearing on the 12,284
revised amount of child support pursuant to this section and 12,285
section 3113.216 of the Revised Code and the court, after 12,287
conducting a hearing, modifies the child support amount under the 12,288
order, the modification shall relate back to the first day of the 12,290
month following the date certain on which the review of the child 12,291
support order began pursuant to division (C)(1)(A)(a) of section 12,292
3113.216 of the Revised Code. 12,293
(2) In any action in which a support order is issued under 12,295
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 12,297
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 12,298
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 12,299
Code, the court issuing the order also shall conduct a hearing, 12,300
prior to or at the time of the issuance of the support order, to 12,301
determine the employment status of the obligor, the obligor's 12,302
social security number, the name and business address of the 12,303
obligor's employer, and any other information necessary to enable 12,304
the court or a child support enforcement agency to issue any 12,305
withholding or deduction notice described in division (D) of this 12,306
section or for the court to issue a court order described in 12,307
division (D)(3) or (4) of this section. The court, prior to the 12,309
hearing, shall give the obligor notice of the hearing that shall 12,311
include the date on which the notice is given and notice that the 12,312
obligor is subject to a requirement for the withholding of a 12,313
specified amount from income if employed and to one or more other 12,314
types of withholding or deduction requirements described in 12,315
273
division (D) or one or more types of court orders described in 12,316
division (D)(3) or (4) of this section and that the obligor may 12,318
present evidence and testimony at the hearing to prove that any 12,319
of the requirements would not be proper because of a mistake of 12,320
fact. 12,321
The court or child support enforcement agency, immediately 12,323
upon the court's completion of the hearing, shall issue one or 12,324
more of the types of notices described in division (D) of this 12,325
section imposing a withholding or deduction requirement, or the 12,326
court shall issue one or more types of court orders described in 12,327
division (D)(3) or (4) of this section. 12,328
(D) If a court or child support enforcement agency is 12,330
required under division (A), (B), or (C) of this section or any 12,331
other section of the Revised Code to issue one or more 12,332
withholding or deduction notices described in this division or 12,333
court orders described in division (D)(3) or (4) of this section, 12,335
the court shall issue one or more of the following types of 12,336
notices or court orders, or the agency shall issue one or more of 12,337
the following types of notices to pay the support required under 12,338
the support order in question and also, if required by any of 12,339
those divisions, any other section of the Revised Code, or the 12,340
court, to pay any arrearages: 12,341
(1)(a) If the court or the child support enforcement 12,343
agency determines that the obligor is receiving income from a 12,345
payor, the court or agency shall require the obligor's payor to 12,346
withhold from the obligor's income a specified amount for support 12,349
in satisfaction of the support order, to begin the withholding no 12,350
later than fourteen working days following the date the notice 12,352
was mailed to the employer under divisions (A)(2) or (B) and 12,353
(D)(1)(b) of this section or, if the payor is an employer, no 12,355
later than the first pay period that occurs after fourteen 12,356
working days following the date the notice was mailed, to send 12,357
the amount withheld to the division of child support in the 12,359
department of human services pursuant to section 5101.325 of the 12,362
274
Revised Code, to send that amount to the division immediately but 12,364
not later than seven days after the date the obligor is paid, and 12,365
to continue the withholding at intervals specified in the notice 12,366
until further notice from the court or child support enforcement 12,367
agency. To the extent possible, the amount specified in the 12,368
notice to be withheld shall satisfy the amount ordered for 12,369
support in the support order plus any arrearages that may be owed 12,370
by the obligor under any prior support order that pertained to 12,371
the same child or spouse, notwithstanding any applicable 12,372
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, and 12,374
2716.05 of the Revised Code. However, in no case shall the sum 12,376
of the amount specified in the notice to be withheld and any fee 12,377
withheld by the payor as a charge for its services exceed the 12,379
maximum amount permitted under section 303(b) of the "Consumer 12,380
Credit Protection Act," 15 U.S.C. 1673(b). 12,381
(b) If the court or agency imposes a withholding 12,383
requirement under division (D)(1)(a) of this section, it, within 12,384
the applicable period of time specified in division (A), (B), or 12,385
(C) of this section, shall send to the obligor's payor by regular 12,388
mail a notice that contains all of the information set forth in 12,389
divisions (D)(1)(b)(i) to (xi) of this section. The notice is 12,390
final and is enforceable by the court. The notice shall contain 12,391
all of the following:
(i) The amount to be withheld from the obligor's income 12,393
and a statement that the amount actually withheld for support and 12,395
other purposes, including the fee described in division 12,396
(D)(1)(b)(xi) of this section, shall not be in excess of the 12,397
maximum amounts permitted under section 303(b) of the "Consumer 12,398
Credit Protection Act," 15 U.S.C. 1673(b); 12,399
(ii) A statement that the payor is required to send the 12,402
amount withheld to the division of child support immediately, but 12,404
not later than seven working days, after the obligor is paid and 12,406
is required to report to the agency the date on which the amount 12,407
was withheld from the obligor's income; 12,408
275
(iii) A statement that the withholding is binding upon the 12,410
payor until further notice from the agency; 12,411
(iv) A statement that if the payor is an employer, the 12,414
payor is subject to a fine to be determined under the law of this 12,415
state for discharging the obligor from employment, refusing to 12,416
employ the obligor, or taking any disciplinary action against the 12,417
obligor because of the withholding requirement; 12,418
(v) A statement that, if the payor fails to withhold 12,420
income in accordance with the provisions of the notice, the payor 12,422
is liable for the accumulated amount the payor should have 12,424
withheld from the obligor's income;
(vi) A statement that the withholding in accordance with 12,426
the notice and under the provisions of this section has priority 12,427
over any other legal process under the law of this state against 12,428
the same income; 12,429
(vii) The date on which the notice was mailed and a 12,431
statement that the payor is required to implement the withholding 12,433
no later than fourteen working days following the date the notice 12,434
was mailed or, if the payor is an employer, no later than the 12,435
first pay period that occurs after fourteen working days 12,436
following the date the notice was mailed and is required to 12,437
continue the withholding at the intervals specified in the 12,438
notice;
(viii) A requirement that the payor promptly notify the 12,440
child support enforcement agency, in writing, within ten working 12,441
days after the date of any situation that occurs including, 12,443
termination of employment, layoff of the obligor from employment, 12,444
any leave of absence of the obligor from employment without pay, 12,445
termination of workers' compensation benefits, or termination of 12,446
any pension, annuity, allowance, or retirement benefit, in which 12,448
the payor ceases to pay income in an amount sufficient to comply 12,451
with the order to the obligor, provide the agency with the 12,452
obligor's last known address, notify the agency of any new
employer or income source, if known, and provide the agency with 12,454
276
any new employer's or income source's name, address, and 12,455
telephone number, if known; 12,456
(ix) A requirement that, if the payor is an employer, 12,459
identify in the notification given under division (D)(1)(b)(viii) 12,460
of this section any types of benefits other than personal 12,461
earnings that the obligor is receiving or is eligible to receive 12,462
as a benefit of employment or as a result of the obligor's 12,463
termination of employment, including, but not limited to, 12,464
unemployment compensation, workers' compensation benefits, 12,465
severance pay, sick leave, lump-sum payments of retirement 12,466
benefits or contributions, and bonuses or profit-sharing payments 12,467
or distributions, and the amount of such benefits, and include in 12,468
the notification the obligor's last known address and telephone 12,469
number, date of birth, social security number, and court case 12,470
number and, if known, the name and business address of any new 12,471
employer of the obligor;
(x) A requirement that, no later than the earlier of 12,473
forty-five days before the lump-sum payment is to be made or, if 12,474
the obligor's right to the lump-sum payment is determined less 12,475
than forty-five days before it is to be made, the date on which 12,476
that determination is made, the payor notify the child support 12,478
enforcement agency of any lump-sum payments of any kind of one 12,480
hundred fifty dollars or more that are to be paid to the obligor, 12,481
hold the lump-sum payments of one hundred fifty dollars or more 12,483
for thirty days after the date on which the lump-sum payments 12,484
otherwise would have been paid to the obligor and, upon order of 12,486
the court, pay any specified amount of the lump-sum payment to 12,487
the division of child support.;
(xi) A statement that, in addition to the amount withheld 12,489
for support, the payor may withhold a fee from the obligor's 12,491
income as a charge for its services in complying with the notice 12,494
and a specification of the amount that may be withheld.
(c) The court or agency shall send the notice described in 12,496
division (D)(1)(b) of this section to the obligor and shall 12,497
277
attach to the notice an additional notice requiring the obligor 12,498
immediately to notify the child support enforcement agency, in 12,499
writing, of any change in the obligor's income source and of the 12,500
availability of any other sources of income that can be the 12,502
subject of any withholding or deduction requirement described in 12,503
division (D) of this section. The court or agency shall serve 12,504
the notices upon the obligor at the same time as service of the 12,505
support order or, if the support order previously has been 12,506
issued, shall send the notices to the obligor by regular mail at 12,507
the last known address at the same time that it sends the notice 12,508
described in division (D)(1)(b) of this section to the payor. 12,509
The notification required of the obligor shall include a 12,510
description of the nature of any new employment or income source, 12,511
the name, business address, and telephone number of any new 12,512
employer or income source, and any other information reasonably 12,514
required by the court. No obligor shall fail to give the 12,515
notification required by division (D)(1)(c) of this section. 12,516
(2)(a) If the court or child support enforcement agency 12,518
determines that the obligor has funds on deposit in any account 12,519
in a financial institution under the jurisdiction of the court, 12,520
the court or agency may require any financial institution in 12,521
which the obligor's funds are on deposit to deduct from the 12,522
obligor's account a specified amount for support in satisfaction 12,523
of the support order, to begin the deduction no later than 12,524
fourteen working days following the date the notice was mailed to 12,525
the financial institution under divisions (A)(2) or (B) and 12,526
(D)(2)(b) of this section, to send the amount deducted to the 12,528
division of child SUPPORT in the department of human services 12,529
pursuant to section 5101.325 of the Revised Code, to send that 12,531
amount to the division immediately but not later than seven 12,533
working days after the date the latest deduction was made, to 12,534
provide the date on which the amount was deducted, and to 12,535
continue the deduction at intervals specified in the notice until 12,536
further notice from the court or child support enforcement 12,537
278
agency. To the extent possible, the amount specified in the 12,539
notice to be deducted shall satisfy the amount ordered for 12,540
support in the support order plus any arrearages that may be owed 12,541
by the obligor under any prior support order that pertained to 12,542
the same child or spouse, notwithstanding the limitations of 12,543
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 12,544
(b) If the court or agency imposes a withholding 12,546
requirement under division (D)(2)(a) of this section, it, within 12,548
the applicable period of time specified in division (A), (B), or 12,549
(C) of this section, shall send to the financial institution by 12,550
regular mail a notice that contains all of the information set 12,551
forth in divisions (D)(2)(b)(i) to (viii) of this section. The 12,553
notice is final and is enforceable by the court. The notice 12,554
shall contain all of the following: 12,555
(i) The amount to be deducted from the obligor's account; 12,557
(ii) A statement that the financial institution is 12,559
required to send the amount deducted to the division of child 12,560
support immediately, but not later than seven working days, after 12,563
the date the last deduction was made and is required to report to 12,564
the child support enforcement agency the date on which the amount 12,565
was deducted from the obligor's account; 12,566
(iii) A statement that the deduction is binding upon the 12,568
financial institution until further notice from the court or 12,569
agency; 12,570
(iv) A statement that the withholding in accordance with 12,572
the notice and under the provisions of this section has priority 12,573
over any other legal process under the law of this state against 12,574
the same account; 12,575
(v) The date on which the notice was mailed and a 12,577
statement that the financial institution is required to implement 12,578
the deduction no later than fourteen working days following the 12,579
date the notice was mailed and is required to continue the 12,580
deduction at the intervals specified in the notice; 12,581
(vi) A requirement that the financial institution promptly 12,583
279
notify the child support enforcement agency, in writing, within 12,584
ten days after the date of any termination of the account from 12,585
which the deduction is being made and notify the agency, in 12,586
writing, of the opening of a new account at that financial 12,587
institution, the account number of the new account, the name of 12,588
any other known financial institutions in which the obligor has 12,589
any accounts, and the numbers of those accounts; 12,590
(vii) A requirement that the financial institution include 12,592
in all notices the obligor's last known mailing address, last 12,593
known residence address, and social security number; 12,594
(viii) A statement that, in addition to the amount 12,596
deducted for support, the financial institution may deduct a fee 12,597
from the obligor's account as a charge for its services in 12,598
complying with the notice and a specification of the amount that 12,599
may be deducted. 12,600
(c) The court or agency shall send the notice described in 12,602
division (D)(2)(b) of this section to the obligor and shall 12,603
attach to the notice an additional notice requiring the obligor 12,604
immediately to notify the child support enforcement agency, in 12,605
writing, of any change in the status of the account from which 12,606
the amount of support is being deducted or the opening of a new 12,607
account with any financial institution, of commencement of 12,608
employment, including self-employment, or of the availability of 12,609
any other sources of income that can be the subject of any 12,610
withholding or deduction requirement described in division (D) of 12,611
this section. The court or agency shall serve the notices upon 12,612
the obligor at the same time as service of the support order or, 12,613
if the support order previously has been issued, shall send the 12,614
notices to the obligor by regular mail at the last known address 12,615
at the same time that it sends the notice described in division 12,616
(D)(2)(b) of this section to the financial institution. The 12,618
additional notice also shall specify that upon commencement of 12,620
employment, the obligor may request the court or child support 12,621
enforcement agency to cancel its financial institution account 12,622
280
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 12,624
accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial 12,625
institution account deduction notice under division (D)(2)(b) of 12,627
this section and instead will issue a notice requiring the 12,628
withholding of an amount from personal earnings for support in 12,630
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 12,631
of the nature of any new accounts opened at a financial 12,632
institution under the jurisdiction of the court, the name and 12,633
business address of that financial institution, a description of 12,634
the nature of any new employment or income source, the name, 12,635
business address, and telephone number of any new employer or 12,637
income source, and any other information reasonably required by 12,639
the court.
(3) The court may issue an order requiring the obligor to 12,641
enter into a cash bond with the court. The court shall issue the 12,642
order as part of the support order or, if the support order 12,643
previously has been issued, as a separate order. Any cash bond 12,644
so required shall be in a sum fixed by the court at not less than 12,645
five hundred nor more than ten thousand dollars, conditioned that 12,646
the obligor will make payment as previously ordered and will pay 12,647
any arrearages under any prior support order that pertained to 12,648
the same child or spouse. The order, along with an additional 12,649
order requiring the obligor to immediately notify the child 12,650
support enforcement agency, in writing, if the obligor begins to 12,651
receive income from a payor, shall be attached to, and shall be 12,653
served upon the obligor at the same time as service of, the 12,654
support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under 12,655
this division. The additional order also shall specify that when 12,656
the obligor begins to receive income from a payor the obligor may 12,658
request the court to cancel its bond order and instead issue a 12,659
281
notice requiring the withholding of an amount from income for 12,662
support in accordance with division (D)(1) of this section and 12,663
that when the obligor begins to receive income from a payor the 12,664
court will proceed to collect on the bond, if the court 12,665
determines that payments due under the support order have not 12,666
been made and that the amount that has not been paid is at least 12,667
equal to the support owed for one month under the support order, 12,668
and will issue a notice requiring the withholding of an amount 12,669
from income for support in accordance with division (D)(1) of 12,672
this section. The notification required of the obligor shall
include a description of the nature of any new employment, the 12,673
name and business address of any new employer, and any other 12,674
information reasonably required by the court. 12,675
The court shall not order an obligor to post a cash bond 12,677
under this division unless the court determines that the obligor 12,678
has the ability to do so. A child support enforcement agency 12,679
shall not issue an order of the type described in this division. 12,680
If a child support enforcement agency is required to issue a 12,681
withholding or deduction notice under division (D) of this 12,682
section but the agency determines that no notice of the type 12,683
described in division (D)(1) or (2) of this section would be 12,685
appropriate, the agency may request the court to issue a court 12,686
order under this division, and, upon the request, the court may 12,687
issue an order as described in this division. 12,688
(4) If the obligor is unemployed, has no income, and does 12,690
not have an account at any financial institution, or on request 12,691
of a child support enforcement agency made under section 3111.231 12,692
of the Revised Code, the court shall issue an order requiring the 12,694
obligor, if able to engage in employment, to seek employment or 12,695
participate in a work activity to which a recipient of assistance 12,696
under Title IV-A of the "Social Security Act," 49 Stat. 620 12,697
(1935), 42 U.S.C.A. 301, as amended, may be assigned as specified 12,698
in section 407(d) of the "Social Security Act," 42 U.S.C.A. 12,699
607(d), as amended. The court shall include in the order a 12,701
282
requirement that the obligor notify the child support enforcement 12,702
agency upon obtaining employment, upon obtaining any income, or 12,703
upon obtaining ownership of any asset with a value of five 12,704
hundred dollars or more. The court may issue the order 12,705
regardless of whether the obligee to whom the obligor owes
support is a recipient of assistance under Title (IV)-A IV-A of 12,706
the "Social Security Act." The court shall issue the order as 12,708
part of a support order or, if a support order previously has 12,710
been issued, as a separate order. If a child support enforcement 12,712
agency is required to issue a withholding or deduction notice 12,713
under division (D) of this section but the agency determines that 12,714
no notice of the type described in division (D)(1) or (2) of this 12,715
section would be appropriate, the agency may request the court to 12,717
issue a court order under division (D)(4) of this section, and, 12,718
upon the request, the court may issue an order as described in 12,720
division (D)(4) of this section.
If an obligor is ordered to participate in a work activity, 12,723
the child support enforcement agency of the county in which the 12,724
obligor resides shall oversee the obligor's participation in 12,725
accordance with rules the department of human services shall 12,726
adopt in accordance with Chapter 119. of the Revised Code. A 12,727
child support enforcement agency may contract with one or more 12,728
governmental agencies or persons to carry out some or all of its 12,729
oversight duties. 12,730
(E) If a court or child support enforcement agency is 12,732
required under division (A), (B), or (C) of this section or any 12,733
other section of the Revised Code to issue one or more notices or 12,734
court orders described in division (D) of this section, the court 12,735
or agency to the extent possible shall issue a sufficient number 12,736
of notices or court orders under division (D) of this section to 12,737
provide that the aggregate amount withheld or deducted under 12,738
those notices or court orders satisfies the amount ordered for 12,739
support in the support order plus any arrearages that may be owed 12,740
by the obligor under any prior support order that pertained to 12,741
283
the same child or spouse, notwithstanding any applicable 12,742
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, 12,744
2716.05, 2716.13, and 4123.67 of the Revised Code. However, in 12,746
no case shall the aggregate amount withheld pursuant to a
withholding notice issued under division (D)(1) of this section 12,748
and any fees withheld pursuant to the notice as a charge for 12,749
services exceed the maximum amount permitted under section 303(b) 12,750
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 12,751
(F)(1) Any withholding or deduction requirement that is 12,753
contained in a notice described in division (D) of this section 12,754
and that is required to be issued by division (A), (B), or (C) of 12,755
this section or any other section of the Revised Code has 12,756
priority over any order of attachment, any order in aid of 12,757
execution, and any other legal process issued under state law 12,758
against the same earnings, payments, or account. 12,759
(2) When a payor receives two or more withholding notices 12,761
that are described in division (D)(1) of this section and that 12,763
are required to be issued by division (A), (B), or (C) of this 12,764
section or any other section of the Revised Code, the payor shall 12,767
comply with all of the requirements contained in the notices to 12,768
the extent that the total amount withheld from the obligor's 12,769
income does not exceed the maximum amount permitted under section 12,771
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 12,772
1673(b), withhold amounts in accordance with the allocation set 12,773
forth in divisions (F)(2)(a) and (b) of this section, notify each 12,774
court or child support enforcement agency that issued one of the 12,775
notices of the allocation, and give priority to amounts 12,776
designated in each notice as current support in the following 12,777
manner:
(a) If the total of the amounts designated in the notices 12,779
as current support exceeds the amount available for withholding 12,780
under section 303(b) of the "Consumer Credit Protection Act," 15 12,781
U.S.C. 1673(b), the payor shall allocate to each notice an amount 12,782
for current support equal to the amount designated in that notice 12,784
284
as current support multiplied by a fraction in which the 12,785
numerator is the amount of income available for withholding and 12,786
the denominator is the total amount designated in all of the 12,787
notices as current support.
(b) If the total of the amounts designated in the notices 12,789
as current support does not exceed the amount available for 12,790
withholding under section 303(b) of the "Consumer Credit 12,791
Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of 12,793
the amounts designated as current support in the notices and 12,794
shall allocate to each notice an amount for past-due support 12,795
equal to the amount designated in that notice as past-due support 12,796
multiplied by a fraction in which the numerator is the amount of 12,797
income remaining available for withholding after the payment of 12,799
current support and the denominator is the total amount 12,800
designated in all of the notices as past-due support. 12,801
(G)(1) Except when a provision specifically authorizes or 12,803
requires service other than as described in this division, 12,804
service of any notice on any party, a financial institution, or 12,806
payor, for purposes of division (A), (B), (C), or (D) of this 12,808
section, shall be made by ordinary first class mail directed to 12,809
the addressee at the last known address, or, in the case of a 12,810
corporation, at its usual place of doing business. A notice 12,811
shall be considered to have been served when it is mailed. 12,812
(2) Each party to a support order shall notify the child 12,814
support enforcement agency of the party's current mailing 12,815
address, current residence address, current residence telephone 12,817
number, and current driver's license number, at the time of the 12,818
issuance or modification of the order and, until further notice 12,819
of the court that issues the order, shall notify the agency of 12,820
any change in that information immediately after the change 12,821
occurs. Any willful failure to comply with this division is 12,823
contempt of court. No person shall fail to give the notice 12,824
required by division (G)(2) of this section.
(3) Each support order, or modification of a support 12,826
285
order, that is subject to this section shall contain a notice 12,828
that states the following in boldfaced type and in all capital 12,829
letters:
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 12,832
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 12,833
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 12,834
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 12,835
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 12,836
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE 12,837
THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE 12,838
REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST 12,839
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 12,841
OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT
ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS 12,842
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES 12,844
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 12,845
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 12,847
NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 12,848
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 12,849
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 12,851
DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 12,852
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 12,853
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 12,854
(4)(a) The parent who is the residential parent and legal 12,856
custodian of a child for whom a support order is issued or the 12,857
person who otherwise has custody of a child for whom a support 12,858
order is issued immediately shall notify, and the obligor under a 12,859
support order may notify, the child support enforcement agency of 12,860
any reason for which the support order should terminate, 12,861
including, but not limited to, the child's attainment of the age 12,862
of majority if the child no longer attends an accredited high 12,863
school on a full-time basis and the support order does not 12,864
provide for the duty of support to continue past the age of 12,865
286
majority; the child ceasing to attend such a high school on a 12,866
full-time basis after attaining the age of majority, if the 12,868
support order does not provide for the duty of support to
continue past the age of majority; or the death, marriage, 12,869
emancipation, enlistment in the armed services, deportation, or 12,870
change of legal or physical custody of the child. A willful 12,871
failure to notify the child support enforcement agency as 12,872
required by this division is contempt of court. Upon receipt of 12,873
a notice pursuant to this division, the agency immediately shall 12,874
conduct an investigation to determine if any reason exists for 12,875
which the support order should terminate. The agency may conduct 12,876
such an investigation regardless of whether it received notice 12,877
under this division. If the agency determines the order should 12,878
terminate, it immediately shall notify the court that issued the 12,879
support order of the reason for which the support order should 12,880
terminate.
(b) Upon receipt of a notice given pursuant to division 12,882
(G)(4)(a) of this section, the court shall order the division of 12,883
child support to impound any funds received for the child 12,885
pursuant to the support order and the court shall set the case 12,887
for a hearing for a determination of whether the support order 12,888
should be terminated or modified or whether the court should take 12,889
any other appropriate action.
(c) If the court terminates a support order pursuant to 12,891
divisions (G)(4)(a) and (b) of this section, the termination of 12,892
the support order also terminates any withholding or deduction 12,893
order as described in division (D) or (H) of this section issued 12,894
prior to December 31, 1993, and any withholding or deduction 12,896
notice as described in division (D) or court order as described 12,897
in division (D)(3), (D)(4), or (H) of this section issued on or 12,899
after December 31, 1993. Upon the termination of any withholding 12,900
or deduction order or any withholding or deduction notice, the 12,901
court immediately shall notify the appropriate child support 12,902
enforcement agency that the order or notice has been terminated, 12,903
287
and the agency immediately shall notify each payor or financial 12,904
institution required to withhold or deduct a sum of money for the 12,906
payment of support under the terminated withholding or deduction 12,907
order or notice that the order or notice has been terminated and 12,908
that it is required to cease all withholding or deduction under 12,909
the order or notice. 12,910
(d) The department of human services shall adopt rules 12,913
that provide for both of the following: 12,914
(i) The return to the appropriate person of any funds that 12,916
a court has ordered impounded under division (G)(4)(b) of this 12,917
section if the support order under which the funds were paid has 12,918
been terminated pursuant to divisions (G)(4)(a) and (b) of this 12,919
section; 12,920
(ii) The return to the appropriate person of any other 12,922
payments made pursuant to a support order if the payments were 12,923
made at any time after the support order under which the funds 12,924
were paid has been terminated pursuant to divisions (G)(4)(a) and 12,925
(b) of this section. 12,926
(5) If any party to a support order requests a 12,928
modification of the order or if any obligee under a support order 12,929
or any person on behalf of the obligee files any action to 12,930
enforce a support order, the court shall notify the child support 12,931
enforcement agency that is administering the support order or 12,932
that will administer the order after the court's determination of 12,933
the request or the action, of the request or the filing. 12,934
(6) When a child support enforcement agency receives any 12,936
notice under division (G) of section 2151.23, section 2301.37, 12,937
division (E) of section 3105.18, division (C) of section 3105.21, 12,938
division (A) of section 3109.05, division (F) of section 3111.13, 12,939
division (B) of section 3113.04, section 3113.21, section 12,940
3113.211, section 3113.212, division (K) of section 3113.31, or 12,941
division (C)(3) of section 3115.31 of the Revised Code, it shall 12,943
issue the most appropriate notices under division (D) of this 12,944
section. Additionally, it shall do all of the following: 12,945
288
(a) If the obligor is subject to a withholding notice 12,947
issued under division (D)(1) of this section and the notice 12,948
relates to the obligor's change of employment, send a withholding 12,949
notice under that division to the new employer of the obligor as 12,950
soon as the agency obtains knowledge of that employer; 12,951
(b) If the notification received by the agency specifies 12,953
that a lump-sum payment of one hundred fifty dollars or more is 12,955
to be paid to the obligor, notify the court of the receipt of the 12,956
notice and its contents. The agency may notify the court if the 12,958
notification specifies that a lump-sum payment of less than one 12,959
hundred fifty dollars is to be paid to the obligor. 12,960
(c) Comply with section 3113.212 of the Revised Code, as 12,962
appropriate. 12,963
(H)(1)(a) For purposes of division (D)(1) of this section, 12,965
when a person who fails to comply with a support order that is 12,966
subject to that division derives income from self-employment or 12,967
commission, is employed by an employer not subject to the 12,968
jurisdiction of the court, or is in any other employment 12,969
situation that makes the application of that division 12,970
impracticable, the court may require the person to enter into a 12,971
cash bond to the court in a sum fixed by the court at not less 12,972
than five hundred nor more than ten thousand dollars, conditioned 12,973
that the person will make payment as previously ordered. 12,974
(b) When a court determines at a hearing conducted under 12,976
division (B) of this section, or a child support enforcement 12,977
agency determines at a hearing or pursuant to an investigation 12,978
conducted under division (B) of this section, that the obligor 12,979
under the order in relation to which the hearing or investigation 12,980
is conducted is unemployed and has no other source of income and 12,981
no assets so that the application of divisions (B) and (D) of 12,982
this section would be impracticable, the court shall issue an 12,983
order as described in division (D)(4) of this section and shall 12,985
order the obligor to notify the child support enforcement agency 12,986
in writing immediately of the receipt of any source of income or 12,988
289
of the opening of an account in a financial institution, and to 12,989
include in the notification a description of the nature of the 12,990
employment or income source, the name, business address, and
telephone number of the employer or income source, and any other 12,991
information reasonably required by the court. 12,992
(2) When a court determines, at a hearing conducted under 12,994
division (C)(2) of this section, that an obligor is unemployed, 12,995
is not receiving workers' compensation payments, does not have an 12,996
account in a financial institution, and has no other source of 12,997
income and no assets so that the application of divisions (C)(2) 12,998
and (D) of this section would be impracticable, the court shall 12,999
issue an order as described in division (D)(4) of this section 13,000
and shall order the obligor to notify the child support 13,001
enforcement agency, in writing, immediately of the receipt of any 13,002
source of income or of the opening of an account in a financial 13,003
institution, and to include in the notification a description of 13,004
the nature of the employment or income source, the name, business 13,005
address, and telephone number of the employer or income source or 13,007
the name, address, and telephone number of the financial 13,008
institution, and any other information reasonably required by the 13,009
court. 13,010
(3)(a) Upon receipt of a notice from a child support 13,012
enforcement agency under division (G)(6) of this section that a 13,013
lump-sum payment is to be paid to the obligor, the court shall do 13,015
either of the following:
(i) If the obligor is in default under the support order 13,017
or has any unpaid arrearages under the support order, issue an 13,018
order requiring the transmittal of the lump-sum payment to the 13,019
division of child support. 13,020
(ii) If the obligor is not in default under the support 13,022
order and does not have any unpaid arrearages under the support 13,023
order, issue an order directing the person who gave the notice to 13,024
the court to immediately pay the full amount of the lump-sum 13,025
payment to the obligor. 13,026
290
(b) Upon receipt of any moneys pursuant to division 13,028
(H)(3)(a) of this section, the division of child support shall 13,030
pay the amount of the lump-sum payment that is necessary to
discharge all of the obligor's arrearages to the obligee and, 13,031
within two business days after its receipt of the money, any 13,032
amount that is remaining after the payment of the arrearages to 13,033
the obligor. 13,034
(c) Any court that issued an order prior to December 1, 13,036
1986, requiring an employer to withhold an amount from an 13,037
obligor's personal earnings for the payment of support shall 13,038
issue a supplemental order that does not change the original 13,039
order or the related support order requiring the employer to do 13,040
all of the following: 13,041
(i) No later than the earlier of forty-five days before a 13,043
lump-sum payment is to be made or, if the obligor's right to a 13,044
lump-sum payment is determined less than forty-five days before 13,045
it is to be made, the date on which that determination is made, 13,046
notify the child support enforcement agency of any lump-sum 13,047
payment of any kind of one hundred fifty dollars or more that is 13,049
to be paid to the obligor; 13,050
(ii) Hold the lump-sum payment for thirty days after the 13,052
date on which it would otherwise be paid to the obligor, if the 13,053
lump-sum payment is sick pay, a lump-sum payment of retirement 13,054
benefits or contributions, or profit-sharing payments or 13,055
distributions; 13,056
(iii) Upon order of the court, pay any specified amount of 13,058
the lump-sum payment to the division of child support. 13,059
(d) If an employer knowingly fails to notify the child 13,061
support enforcement agency in accordance with division (D) of 13,062
this section of any lump-sum payment to be made to an obligor, 13,063
the employer is liable for any support payment not made to the 13,064
obligee as a result of its knowing failure to give the notice as 13,065
required by that division. 13,066
(I)(1) Any support order, or modification of a support 13,068
291
order, that is subject to this section shall contain the date of 13,069
birth and social security number of the obligor. 13,070
(2) No withholding or deduction notice described in 13,072
division (D) or court order described in division (D)(3) or (4) 13,074
of this section shall contain any information other than the
information specifically required by division (A), (B), (C), or 13,075
(D) of this section or by any other section of the Revised Code 13,076
and any additional information that the issuing court determines 13,077
may be necessary to comply with the notice. 13,078
(J) No withholding or deduction notice described in 13,080
division (D) or court order described in division (D)(3) or (4) 13,082
of this section and issued under division (A), (B), or (C) of
this section or any other section of the Revised Code shall be 13,083
terminated solely because the obligor pays any part or all of the 13,085
arrearages under the support order.
(K)(1) Except as provided in division (K)(2) of this 13,087
section and section 2301.42 of the Revised Code and the rules 13,088
adopted pursuant to division (C) of that section, if child 13,089
support arrearages are owed by an obligor to the obligee and to 13,090
the department of human services, any payments received on the 13,091
arrearages by the division of child support first shall be paid 13,093
to the obligee until the arrearages owed to the obligee are paid
in full. 13,094
(2) Division (K)(1) of this section does not apply to the 13,096
collection of past-due child support from refunds of paid federal 13,097
taxes pursuant to section 5101.32 of the Revised Code or of 13,098
overdue child support from refunds of paid state income taxes 13,099
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 13,100
(L)(1) Each court with jurisdiction to issue support 13,102
orders or orders establishing the existence or nonexistence of a 13,103
parent and child relationship shall establish rules of court to 13,104
ensure that the following percentage of all actions to establish 13,105
the existence or nonexistence of a parent and child relationship, 13,106
to establish a support requirement, or to modify a previously 13,107
292
issued support order be completed within the following time 13,108
limits:
(a) Seventy-five per cent of all of the actions shall be 13,110
completed within six months after they were initially filed; 13,112
(b) Ninety per cent of all of the actions shall be 13,114
completed within twelve months after they were initially filed. 13,116
(2) If a case involves complex legal issues requiring full 13,118
judicial review, the court shall issue a temporary support order 13,119
within the time limits set forth in division (L)(1) of this 13,120
section, which temporary order shall be in effect until a final 13,121
support order is issued in the case. All cases in which the 13,122
imposition of a notice or order under division (D) of this 13,123
section is contested shall be completed within the period of time 13,124
specified by law for completion of the case. The failure of a 13,125
court to complete a case within the required period does not 13,126
affect the ability of any court to issue any order under this 13,127
section or any other section of the Revised Code for the payment 13,128
of support, does not provide any defense to any order for the 13,129
payment of support that is issued under this section or any other 13,130
section of the Revised Code, and does not affect any obligation 13,131
to pay support. 13,132
(3)(a) In any Title IV-D case, the judge, when necessary 13,134
to satisfy the federal requirement of expedited process for 13,135
obtaining and enforcing support orders, shall appoint magistrates 13,137
to make findings of fact and recommendations for the judge's 13,138
approval in the case. All magistrates appointed pursuant to this 13,140
division shall be attorneys admitted to the practice of law in 13,141
this state. If the court appoints a magistrate pursuant to this 13,142
division, the court may appoint any additional administrative and 13,143
support personnel for the magistrate. 13,144
(b) Any magistrate appointed pursuant to division 13,146
(L)(3)(a) of this section may perform any of the following 13,148
functions:
(i) The taking of testimony and keeping of a record in the 13,150
293
case; 13,151
(ii) The evaluation of evidence and the issuance of 13,153
recommendations to establish, modify, and enforce support orders; 13,154
(iii) The acceptance of voluntary acknowledgments of 13,156
support liability and stipulated agreements setting the amount of 13,157
support to be paid; 13,158
(iv) The entering of default orders if the obligor does 13,160
not respond to notices in the case within a reasonable time after 13,161
the notices are issued; 13,162
(v) Any other functions considered necessary by the court. 13,164
(4) The child support enforcement agency may conduct 13,166
administrative reviews of support orders to obtain voluntary 13,167
notices or court orders under division (D) of this section and to 13,168
correct any errors in the amount of any arrearages owed by an 13,169
obligor. The obligor and the obligee shall be notified of the 13,170
time, date, and location of the administrative review at least 13,171
fourteen days before it is held. 13,172
(M)(1) The termination of a support obligation or a 13,174
support order does not abate the power of any court to collect 13,175
overdue and unpaid support or to punish any person for a failure 13,177
to comply with an order of the court or to pay any support as 13,178
ordered in the terminated support order and does not abate the 13,179
authority of a child support enforcement agency to issue, in 13,180
accordance with this section, any notice described in division 13,181
(D) of this section or of a court to issue, in accordance with 13,182
this section, any court order as described in division (D)(3) or 13,183
(4) of this section to collect any support due or arrearage under 13,184
the support order. 13,186
(2) Any court that has the authority to issue a support 13,188
order shall have all powers necessary to enforce that support 13,189
order, and all other powers, set forth in this section. 13,190
(3) Except as provided in division (M)(4) of this section, 13,192
a court may not retroactively modify an obligor's duty to pay a 13,193
delinquent support payment. 13,194
294
(4) A court with jurisdiction over a support order may 13,196
modify an obligor's duty to pay a support payment that becomes 13,197
due after notice of a petition to modify the support order has 13,198
been given to each obligee and to the obligor before a final 13,199
order concerning the petition for modification is entered. 13,200
(N) If an obligor is in default under a support order and 13,202
has a claim against another person of more than one thousand 13,203
dollars, the obligor shall notify the child support enforcement 13,204
agency of the claim, the nature of the claim, and the name of the 13,205
person against whom the claim exists. If an obligor is in 13,206
default under a support order and has a claim against another 13,207
person or is a party in an action for any judgment, the child 13,208
support enforcement agency or the agency's attorney, on behalf of 13,209
the obligor, immediately shall file with the court in which the 13,210
action is pending a motion to intervene in the action or a 13,211
creditor's bill. The motion to intervene shall be prepared and 13,212
filed pursuant to Civil Rules 5 and 24(A) and (C). 13,213
Nothing in this division shall preclude an obligee from 13,215
filing a motion to intervene in any action or a creditor's bill. 13,216
(O) If an obligor is receiving unemployment compensation 13,218
benefits, an amount may be deducted from those benefits for 13,219
purposes of child support, in accordance with section 2301.371 13,220
and division (D)(4) of section 4141.28 of the Revised Code. Any 13,221
deduction from a source in accordance with those provisions is in 13,222
addition to, and does not preclude, any withholding or deduction 13,223
for purposes of support under divisions (A) to (N) of this 13,224
section. 13,225
(P) As used in this section, and in sections 3113.211 to 13,227
3113.219 of the Revised Code: 13,228
(1) "Financial institution" means a bank, savings and loan 13,230
association, or credit union, or a regulated investment company 13,231
or mutual fund in which a person who is required to pay child 13,232
support has funds on deposit that are not exempt under the law of 13,233
this state or the United States from execution, attachment, or 13,234
295
other legal process. 13,235
(2) "Title IV-D case" means any case in which the child 13,237
support enforcement agency is enforcing the child support order 13,238
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 13,239
2351 (1975), 42 U.S.C. 651, as amended. 13,240
(3) "Obligor" means the person who is required to pay 13,242
support under a support order. 13,243
(4) "Obligee" means the person who is entitled to receive 13,245
the support payments under a support order. 13,246
(5) "Support order" means an order for the payment of 13,248
support and, for orders issued or modified on or after December 13,249
31, 1993, includes any notices described in division (D) or (H) 13,250
of this section that are issued in accordance with this section. 13,251
(6) "Support" means child support, spousal support, and 13,253
support for a spouse or former spouse. 13,254
(7) "Personal earnings" means compensation paid or payable 13,256
for personal services, however denominated, and includes, but is 13,257
not limited to, wages, salary, commissions, bonuses, draws 13,258
against commissions, profit sharing, and vacation pay. 13,259
(8) "Default" has the same meaning as in section 2301.34 13,261
of the Revised Code. 13,262
(9) "Payor" means any person or entity that pays or 13,265
distributes income to an obligor, including the obligor, if the 13,266
obligor is self employed; an employer; an employer that is paying 13,267
the obligor's workers' compensation benefits; the public 13,268
employees retirement board; the board of trustees, or other 13,269
governing entity of a municipal retirement system; the board of 13,270
trustees of the OHIO police and firemen's disability and FIRE 13,272
pension fund; the state teachers retirement board; the school 13,274
employees retirement board; the state highway patrol retirement 13,275
board; the bureau of workers' compensation; or any other person 13,276
or entity, except the bureau of employment services with respect 13,277
to unemployment compensation benefits paid pursuant to Chapter 13,278
4141. of the Revised Code.
296
(Q) As used in this section, "income" means any form of 13,282
monetary payment, including personal earnings; workers' 13,283
compensation payments; unemployment compensation benefits to the 13,285
extent permitted by, and in accordance with, section 2301.371 of
the Revised Code, division (D)(4) of section 4141.28 of the 13,286
Revised Code, and federal law governing the bureau of employment 13,287
services; pensions; annuities; allowances; private or 13,288
governmental retirement benefits; disability or sick pay; 13,289
insurance proceeds; lottery prize awards; federal, state, or 13,290
local government benefits to the extent that the benefits can be 13,291
withheld or deducted under the law governing the benefits; any 13,292
form of trust fund or endowment; lump-sum payments; and any other 13,293
payment in money. 13,294
Sec. 3307.28. The membership of any person in the state 13,303
teachers retirement system shall cease on occurrence of any of 13,305
the following: receipt of payment pursuant to section 3307.46 of 13,306
the Revised Code; retirement as provided in section 3307.38 or 13,307
3307.39 of the Revised Code; death; or denial of membership 13,308
pursuant to section 3307.27 of the Revised Code.
Except as provided in this section, a member or former 13,310
member of the state teachers retirement system with at least one 13,312
and one-half years of contributing service credit in this system, 13,313
the public employees retirement system, the school employees 13,314
retirement system, the OHIO police and firemen's disability and 13,316
FIRE pension fund, or the state highway patrol retirement system 13,317
after the withdrawal and cancellation of service credit in this 13,318
system may restore all or part of such service credit by 13,319
repayment of the amount withdrawn. To this amount shall be added 13,320
interest at a rate per annum, compounded annually, to be 13,321
determined by the retirement board. Interest shall be payable 13,322
from the first of the month of withdrawal through the month of 13,323
repayment. A member may choose to purchase only part of such 13,325
credit in any one payment. The cost for restoring partial
service shall be calculated as the proportion that it bears to 13,326
297
the total cost at the time of purchase and is subject to the 13,327
rules established by the board. If a former member is eligible 13,328
to buy the service credit as a member of the OHIO police and 13,331
firemen's disability and FIRE pension fund or state highway 13,332
patrol retirement system, the former member is ineligible to 13,333
restore that service credit under this section. 13,334
The total payment to restore canceled service credit shall 13,337
be credited as follows:
(A) The amount that equals contributions made pursuant to 13,339
section 3307.51 of the Revised Code, plus any interest on the 13,341
contributions paid by the member pursuant to this section, to the 13,342
member's account in the teachers' savings fund; 13,343
(B) The amount that equals the amount paid under section 13,345
3307.80 of the Revised Code, to the employers trust fund; 13,346
(C) The remainder of the payment to restore canceled 13,348
service credit, to the guarantee fund. 13,349
Sec. 3307.32. (A) Service credit purchased under this 13,358
section shall be included in the member's total service credit. 13,359
Credit may be purchased for the following: 13,360
(1) Teaching service in a public or private school, 13,362
college, or university of this or another state, and for teaching 13,363
service in any school or entity operated by or for the United 13,364
States government. Teaching credit purchased under this section 13,365
shall be limited to service rendered in schools, colleges, or 13,366
universities chartered or accredited by the appropriate 13,367
governmental agency. 13,368
(2) Public service with another state or the United States 13,370
government, provided that such credit shall be limited to service 13,371
that would have been covered by the state teachers retirement 13,372
system, the school employees retirement system, the OHIO police 13,374
and firemen's disability and FIRE pension fund, the state highway 13,375
patrol retirement system, or the public employees retirement 13,377
system if served in a comparable public position in this state. 13,378
(3) Service for which contributions were made by the 13,380
298
member or on his THE MEMBER'S behalf to a municipal retirement 13,381
system in this state. 13,383
The number of years of service purchased under this section 13,385
shall not exceed the lesser of five years or the member's total 13,386
accumulated number of years of Ohio service. 13,387
(B)(1) Except as otherwise provided in division (B)(2) of 13,389
this section, for each year of service purchased under this 13,390
section, a member shall pay to the state teachers retirement 13,391
system for credit to his THE MEMBER'S accumulated account an 13,392
amount equal to his THE MEMBER'S retirement contribution for 13,394
full-time employment for the first year of Ohio service following 13,396
termination of the service to be purchased. To this amount shall 13,397
be added an amount equal to compound interest at a rate 13,398
established by the state teachers retirement board from the date 13,399
of membership in the state teachers retirement system to the date 13,400
of payment.
(2) For each year of service described in division (A) of 13,402
this section that commenced on or after July 1, 1989, and, 13,403
without regard to when the service commenced, for each year of 13,404
service purchased under division (A) of this section by a member 13,405
who first established membership in the retirement system on or 13,406
after July 1, 1989, the member shall pay to the retirement system 13,407
for credit to his THE MEMBER'S individual account an amount 13,408
specified by the state teachers retirement board that shall be 13,410
not less than fifty per cent of the additional liability 13,411
resulting from the purchase of that year of service as determined 13,412
by an actuary employed by the board. 13,413
(3) A member may choose to purchase only part of the 13,415
credit he THE MEMBER is eligible to purchase under this section 13,416
in any one payment, subject to board rules. 13,418
(C) A member is ineligible to purchase under this section 13,420
service that is used in the calculation of any retirement benefit 13,421
currently being paid or payable in the future to such member 13,422
under any other retirement program, except social security. At 13,423
299
the time the credit is purchased, the member shall certify on a 13,424
form furnished by the retirement board that he THE MEMBER does 13,425
and will conform to this requirement. 13,427
(D) Credit purchased under this section may be combined 13,429
pursuant to section 3307.41 of the Revised Code with credit 13,430
purchased under sections 145.293 and 3309.31 of the Revised Code, 13,431
except that not more than a total of five years' service credit 13,432
purchased under this section and sections 145.293 and 3309.31 of 13,433
the Revised Code shall be used in determining retirement 13,434
eligiblity ELIGIBILITY or calculating benefits under section 13,435
3307.41 of the Revised Code. 13,437
(E) The retirement board shall establish a policy to 13,439
determine eligibility to purchase credit under this section, and 13,440
its decision shall be final. 13,441
Sec. 3307.33. (A) As used in this section, "other Ohio 13,450
state retirement system" means the public employees retirement 13,451
system, the school employees retirement system, the OHIO police 13,453
and firemen's disability and FIRE pension fund, or the state 13,454
highway patrol retirement system. 13,455
(B) Any member, in addition to service as a teacher, may 13,457
purchase credit for either of the following: 13,458
(1) Similar service as a teacher in the public day 13,460
schools, in state universities, state normal schools, and other 13,461
state or municipal institutions of a character similar to the 13,462
state or municipally supported schools of Ohio in which 13,463
membership in the state teachers retirement system is allowed, of 13,464
another state of the United States, or of any territory or 13,465
possession of the United States, or of the District of Columbia; 13,466
(2) Similar service as an employee of an employer who 13,468
comes within any other Ohio state retirement system but for 13,469
service which is rendered at any time in another state of the 13,470
United States or of any territory or possession thereof, or for 13,471
service as an employee of the United States government, provided 13,472
credit cannot be purchased for service credit or benefits 13,473
300
received in any other state retirement system in Ohio. 13,474
(C) Any member who has at least ten years of total service 13,476
credit may also purchase credit for similar service as a teacher 13,477
in a private school, college, university, or other educational 13,478
institution that is located in this or another state, in any 13,479
territory or possession of the United States, or in the District 13,480
of Columbia, and is chartered or accredited by the appropriate 13,481
governmental agency. 13,482
(D) The state teachers retirement board shall have final 13,484
authority to determine and fix the amount of the payment that 13,485
shall be made for credit for service purchased under this 13,486
section, provided that if the member established membership in 13,487
the state teachers retirement system on or after July 1, 1989, or 13,488
the credit is for service described in division (B) or (C) of 13,489
this section that commenced on or after July 1, 1989, the amount 13,490
of the payment fixed by the board shall be not less than fifty 13,491
per cent of the additional liability resulting from the credit as 13,492
specified by an actuary employed by the board. 13,493
A member may choose to purchase only part of the credit he 13,495
THE MEMBER is eligible to purchase under this section in any one 13,497
payment, subject to board rules. Such payment, together with 13,498
interest compounded annually at a rate to be determined by the 13,499
board, may be refunded under the same conditions and in the same 13,500
manner as refunds are made under section 3307.51 of the Revised 13,501
Code, and the credit provided by such payment shall be canceled. 13,502
At superannuation or commuted superannuation retirement such 13,503
payment for service, with regular interest compounded annually at 13,504
a rate to be determined by the board, shall be deposited in the 13,505
annuity and pension reserve fund as the reserve for additional 13,506
annuity as provided in section 3307.51 of the Revised Code, 13,507
excepting moneys charged for any additional liabilities resulting 13,508
from the purchase of the service credit as determined by the 13,509
actuary employed by the board. 13,510
Sec. 3307.381. (A) As used in this section: 13,519
301
(1) "Superannuate" means a former teacher receiving a 13,521
service retirement allowance under section 3307.38 or 3307.39 of 13,522
the Revised Code from the state teachers retirement system or a 13,523
combined service retirement benefit paid in accordance with 13,524
section 3307.41 of the Revised Code, regardless of which 13,525
retirement system is paying the benefit. 13,526
(2) "Other system retirant" means a member or former 13,528
member of the public employees retirement system, OHIO police and 13,530
firemen's disability and FIRE pension fund, school employees 13,531
retirement system, state highway patrol retirement system, or 13,532
Cincinnati retirement system who is receiving age and service or 13,533
commuted age and service retirement, or a disability benefit from 13,534
a system of which he THE RETIRANT is a member or former member. 13,535
(B) A superannuate may be employed for temporary service 13,537
as a teacher, provided: 13,538
(1) At least two months have elapsed since the effective 13,540
date of his THE SUPERANNUATE'S retirement. 13,541
(2) Such employment does not exceed eighty-five school 13,543
days, or the equivalent thereof in fractional service, during any 13,544
school year. 13,545
(C) A superannuate may be employed as a full-time teacher, 13,547
provided: 13,548
(1) He THE SUPERANNUATE has received a retirement 13,550
allowance from the state teachers retirement system for at least 13,552
eighteen months.
(2) The employer requests the retirement board of the 13,554
state teachers retirement system to authorize such employment. 13,555
(D) An other system retirant may be employed as a teacher, 13,557
provided at least two months have elapsed since the effective 13,558
date of his THE RETIRANT'S retirement or receipt of a disability 13,559
benefit. 13,560
(E) If a superannuate or other system retirant is employed 13,562
in accordance with division (B), (C), or (D) of this section, he 13,563
THE SUPERANNUATE OR RETIRANT shall contribute to the state 13,564
302
teachers retirement system in accordance with section 3307.51 of 13,566
the Revised Code and the employer shall contribute in accordance 13,567
with sections 3307.53 and 3307.56 of the Revised Code. Such 13,568
contributions shall be received as specified in section 3307.65 13,569
of the Revised Code. A superannuate or other system retirant 13,570
employed as a teacher is not a member of the state teachers 13,571
retirement system, does not have any of the rights, privileges, 13,572
or obligations of membership, except as provided in this section, 13,573
and is not eligible to receive health, medical, hospital, or 13,574
surgical benefits under section 3307.74 of the Revised Code for 13,575
employment subject to this section. 13,576
(F) The employer that employs a superannuate or other 13,578
system retirant shall notify the state teachers retirement board 13,579
of the employment not later than the end of the month in which 13,580
the employment commences. Any overpayment of benefits to a 13,581
superannuate by the retirement system resulting from an 13,582
employer's failure to give timely notice may be charged to the 13,583
employer and may be certified and deducted as provided in section 13,584
3307.56 of the Revised Code. 13,585
(G) On receipt of notice from an employer that a person 13,587
who is an other system retirant has been employed, the state 13,588
teachers retirement system shall notify the state retirement 13,589
system of which the other system retirant was a member of such 13,590
employment. 13,591
(H) A superannuate or other system retirant who has 13,593
received his A retirement allowance or disability benefit for 13,594
less than the applicable period under division (B), (C), or (D) 13,596
of this section when his employment as a teacher commences shall 13,597
forfeit his THE retirement allowance or disability benefit for 13,598
any month he THE SUPERANNUATE OR RETIRANT is employed prior to 13,600
the expiration of such period. Contributions shall be made to the 13,602
retirement system from the first day of such employment, but 13,603
service and contributions for that period shall not be used in 13,604
the calculation of any benefit payable to the superannuate or 13,605
303
other system retirant, and those contributions shall be refunded 13,606
on his THE SUPERANNUATE'S OR RETIRANT'S death or termination of 13,607
the employment. Contributions made on compensation earned after 13,608
the expiration of such period shall be used in calculation of the 13,609
benefit or payment due under this section. 13,610
(I) On receipt of notice from the OHIO police and 13,612
firemen's disability and FIRE pension fund, public employees 13,614
retirement system, or school employees retirement system of the 13,616
re-employment of a superannuate, the state teachers retirement 13,617
system shall not pay, or if paid shall recover, the amount to be 13,618
forfeited by the superannuate in accordance with section 145.38, 13,619
742.26, or 3309.341 of the Revised Code. 13,620
(J)(1) On termination of employment under this section, a 13,622
superannuate or other system retirant may file an application 13,623
with the state teachers retirement system for a benefit under 13,624
this division, which shall consist of a single life annuity 13,625
having a reserve equal to the amount of his THE SUPERANNUATE'S OR 13,626
RETIRANT'S accumulated contributions for the period of employment 13,628
and an equal amount from the employers' trust created by section 13,629
3307.65 of the Revised Code, plus interest credited to the date 13,630
of retirement at the then current actuarial rate of interest. 13,631
The superannuate or other system retirant shall elect either to 13,632
receive the benefit as a monthly annuity for his life or a 13,633
lump-sum payment discounted to the present value using the 13,634
current actuarial assumption rate of interest, except that if his 13,635
THE monthly annuity would be less than twenty-five dollars per 13,637
month he THE SUPERANNUATE OR RETIRANT shall receive a lump-sum 13,639
payment.
(2) A benefit payable under this division shall commence 13,641
on the latest of the following: 13,642
(a) The last day for which compensation for employment as 13,644
a teacher was paid; 13,645
(b) Attainment by the superannuate or other system 13,647
retirant of age sixty-five; 13,648
304
(c) If the superannuate or other system retirant was 13,650
previously employed under this section and previously received or 13,651
is receiving a benefit under this division, completion of a 13,652
period of twelve months since the effective date of the last 13,653
benefit under this division. 13,654
(3)(a) If a superannuate or other system retirant dies 13,656
while employed in employment subject to this section, a lump-sum 13,657
payment calculated in accordance with division (J)(1) of this 13,658
section shall be paid to the beneficiary designated under 13,659
division (D) of section 3307.48 of the Revised Code. 13,660
(b) If at the time of his death a superannuate or other 13,662
system retirant receiving a monthly annuity has received less 13,663
than he THE SUPERANNUATE OR RETIRANT would have received as a 13,664
lump-sum payment, the difference between the amount he received 13,666
and the amount he THAT would have BEEN received as a lump-sum 13,668
payment shall be paid to his THE SUPERANNUATE'S OR RETIRANT'S 13,669
beneficiary designated under division (D) of section 3307.48 of 13,670
the Revised Code. 13,671
(4) No amount received under this section shall be 13,673
included in determining an additional benefit under section 13,674
3307.403 of the Revised Code or any other post-retirement benefit 13,675
increase. 13,676
(K) If the disability benefit of an other system retirant 13,678
employed under this section is terminated, he THE RETIRANT shall 13,679
become a member of the state teachers retirement system, 13,681
effective on the first day of the month next following the 13,682
termination, with all the rights, privileges, and obligations of 13,683
membership. If such person, after the termination of his THE 13,684
RETIRANT'S disability benefit, earns two years of service credit 13,686
under this retirement system or under the public employees 13,687
retirement system, OHIO police and firemen's disability and FIRE 13,689
pension fund, school employees retirement system, or state 13,691
highway patrol retirement system, his THE RETIRANT'S prior 13,692
contributions as an other system retirant under this section 13,693
305
shall be included in his THE RETIRANT'S total service credit as a 13,695
state teachers retirement system member, and he THE RETIRANT 13,696
shall forfeit all rights and benefits of this section. Not more 13,698
than one year of credit may be given for any period of twelve 13,699
months.
(L) A superannuate shall not receive the pension portions 13,701
of a retirement allowance for any period for which he THE 13,702
SUPERANNUATE is compensated under a private contract, or through 13,704
an independent contractor, whereby he THE SUPERANNUATE is to 13,705
perform personal or professional services for the employer by 13,707
which he THE SUPERANNUATE was employed at the time of retirement. 13,709
(M) This section does not affect the receipt of benefits 13,711
by or eligibility for benefits of any person who on August 20, 13,712
1976, was receiving a disability benefit or service retirement 13,713
pension or allowance from a state or municipal retirement system 13,714
in Ohio and was a member of any other state or municipal 13,715
retirement system of this state. 13,716
(N) The retirement board of the state teachers retirement 13,718
system may make the necessary rules to carry into effect this 13,719
section and to prevent the abuse of the rights and privileges 13,720
thereunder. 13,721
Sec. 3307.412. (A) A member of the state teachers 13,731
retirement system who has contributions on deposit with the OHIO 13,732
police and firemen's disability and FIRE pension fund or the 13,733
state highway patrol retirement system shall, in computing years 13,734
of total service, be given full credit for service credit earned 13,735
under Chapter 742. or 5505. of the Revised Code or purchased for 13,739
service in the armed forces of the United States if a transfer to 13,742
the state teachers retirement system is made under this division. 13,743
At the request of the member, the OHIO police and firemen's 13,744
disability and FIRE pension fund or state highway patrol 13,745
retirement system shall transfer to the state teachers retirement 13,746
system, for each year of service, the sum of the following: 13,748
(1) An amount equal to the member's payments for service 13,751
306
in the armed forces of the United States and accumulated 13,753
contributions to the transferring fund or system; 13,754
(2) An amount equal to the lesser of the employer's 13,756
contributions to the OHIO police and firemen's disability and 13,758
FIRE pension fund or state highway patrol retirement system or 13,759
the amount that would have been contributed by the employer for 13,760
the service had the member been a member of the state teachers 13,761
retirement system; 13,762
(3) Interest, determined as provided in division (E) of 13,765
this section, on the amounts specified in divisions (A)(1) and 13,767
(2) of this section from the last day of the year for which the 13,769
service credit was earned or in which military service credit was 13,770
purchased or obtained to the date the transfer is made. 13,772
(B) A member who has at least eighteen months of 13,775
contributing service with the state teachers retirement system, 13,776
is a former member of the OHIO police and firemen's disability 13,778
and FIRE pension fund or state highway patrol retirement system, 13,780
and has received a refund of contributions to that fund or system 13,781
shall, in computing years of total service, be given full credit 13,782
for service credit earned under Chapter 742. or 5505. of the 13,784
Revised Code or purchased for service in the armed forces of the 13,786
United States if, for each year of service, the state teachers 13,789
retirement system receives the sum of the following: 13,790
(1) An amount, which shall be paid by the member, equal to 13,793
the amount refunded by the OHIO police and firemen's disability 13,794
and FIRE pension fund or the state highway patrol retirement 13,795
system to the member for that year for accumulated contributions 13,796
and payments for purchase of credit for service in the armed 13,797
forces of the United States, with interest on that amount from 13,799
the date of the refund to the date of the payment; 13,802
(2) Interest, which shall be transferred by the OHIO 13,805
police and firemen's disability and FIRE pension fund or state 13,806
highway patrol retirement system, on the amount refunded to the 13,808
member that is attributable to the year of service from the last 13,810
307
day of the year for which the service credit was earned or in 13,811
which military service credit was purchased or obtained to the 13,812
date the refund was made; 13,813
(3) An amount, which shall be transferred by the OHIO 13,815
police and firemen's disability and FIRE pension fund or state 13,816
highway patrol retirement system, equal to the lesser of the 13,817
amount contributed by the employer to the OHIO police and 13,818
firemen's disability and FIRE pension fund or state highway 13,820
patrol retirement system for that year or the amount that would 13,821
have been contributed by the employer for the year had the member 13,822
been a member of the state teachers retirement system, with 13,823
interest on that amount from the last day of the year for which 13,826
the service credit was earned or in which military service credit 13,827
was purchased or obtained to the date of the transfer. 13,829
On receipt of payment from the member, the state teachers 13,832
retirement system shall notify the OHIO police and firemen's 13,833
disability and FIRE pension fund or the state highway patrol 13,834
retirement system, which, on receipt of the notice, shall make 13,835
the transfer required by this division. Interest shall be 13,836
determined as provided in division (E) of this section. 13,838
A member may choose to purchase only part of the credit the 13,841
member is eligible to purchase under this division in any one 13,842
payment, subject to rules of the state teachers retirement board. 13,843
(C) A member is ineligible to obtain credit under this 13,846
section for service that is used in the calculation of any 13,847
retirement benefit currently being paid or payable in the future. 13,848
(D) If a member of the state teachers retirement system 13,851
who is not a current contributor elects to obtain credit under 13,852
section 742.379 or 5505.202 of the Revised Code for service for 13,853
which the member contributed to the state teachers retirement 13,854
system or purchased credit for service in the armed forces of the 13,855
United States, the state teachers retirement system shall 13,858
transfer to the OHIO police and firemen's disability and FIRE 13,860
pension fund or state highway patrol retirement system, as 13,861
308
applicable, the amount specified in division (D) of section 13,862
742.379 or division (B)(2) of section 5505.202 of the Revised 13,864
Code.
(E) Interest charged under this section shall be 13,867
calculated separately for each year of service credit at the 13,868
lesser of the actuarial assumption rate for that year of the 13,869
state teachers retirement system or of the fund or retirement 13,870
system in which the credit was earned. The interest shall be 13,871
compounded annually. 13,872
(F) The state teachers retirement board shall credit to a 13,875
member's account in the teachers' savings fund the amounts 13,876
described in divisions (A)(1) and (B)(1) of this section, except 13,878
that the interest paid by the member under division (B)(1) of 13,879
this section shall be credited to the employers' trust fund. The 13,881
board shall credit to the employers' trust fund the amounts
described in divisions (A)(2), (3), and (B)(2) of this section. 13,884
Sec. 3307.74. (A) The state teachers retirement board may 13,893
enter into an agreement with insurance companies, health insuring 13,895
corporations, or government agencies authorized to do business in 13,896
the state for issuance of a policy or contract of health, 13,897
medical, hospital, or surgical benefits, or any combination 13,898
thereof, for those individuals receiving service retirement or a 13,899
disability or survivor benefit subscribing to the plan. 13,901
Notwithstanding any other provision of this chapter, the policy 13,903
or contract may also include coverage for any eligible
individual's spouse and dependent children and for any of the 13,905
individual's sponsored dependents as the board considers 13,906
appropriate. If all or any portion of the policy or contract 13,907
premium is to be paid by any individual receiving service 13,908
retirement or a disability or survivor benefit, the individual 13,909
shall, by written authorization, instruct the board to deduct the 13,911
premium agreed to be paid by the individual to the companies, 13,912
corporations, or agencies. 13,913
The board may contract for coverage on the basis of part or 13,916
309
all of the cost of the coverage to be paid from appropriate funds 13,917
of the state teachers retirement system. The cost paid from the 13,918
funds of the system shall be included in the employer's 13,920
contribution rate provided by section 3307.53 of the Revised 13,921
Code.
The board may provide for self-insurance of risk or level 13,923
of risk as set forth in the contract with the companies, 13,924
corporations, or agencies, and may provide through the 13,925
self-insurance method specific benefits as authorized by the 13,926
rules of the board. 13,927
(B) If the board provides health, medical, hospital, or 13,929
surgical benefits through any means other than a health insuring 13,931
corporation, it shall offer to each individual eligible for the 13,933
benefits the alternative of receiving benefits through enrollment 13,934
in a health insuring corporation, if all of the following apply: 13,936
(1) The health insuring corporation provides health care 13,939
services in the geographical area in which the individual lives; 13,941
(2) The eligible individual was receiving health care 13,943
benefits through a health maintenance organization or a health 13,945
insuring corporation before retirement; 13,946
(3) The rate and coverage provided by the health insuring 13,949
corporation to eligible individuals is comparable to that 13,952
currently provided by the board under division (A) of this
section. If the rate or coverage provided by the health insuring 13,954
corporation is not comparable to that currently provided by the 13,956
board under division (A) of this section, the board may deduct 13,957
the additional cost from the eligible individual's monthly 13,958
benefit.
The health insuring corporation shall accept as an enrollee 13,962
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 13,964
from one plan to another at least once a year at a time 13,965
determined by the board. 13,966
(C) The board shall, beginning the month following receipt 13,968
310
of satisfactory evidence of the payment for coverage, make a 13,969
monthly payment to each recipient of service retirement, or a 13,970
disability or survivor benefit under the state teachers 13,971
retirement system who is eligible for insurance coverage under 13,972
part B of "The Social Security Amendments of 1965," 79 Stat. 301, 13,973
42 U.S.C.A. 1395j, as amended. The payment shall be the greater 13,975
of the following:
(1) Twenty-nine dollars and ninety cents; 13,977
(2) An amount determined by multiplying the basic premium 13,980
for the coverage by a percentage, not exceeding ninety per cent, 13,981
determined by multiplying the years of service used in 13,982
calculating the service retirement or benefit by a percentage 13,983
determined by the board not exceeding three per cent. 13,984
(D) The board shall establish by rule requirements for the 13,986
coordination of any coverage, payment, or benefit provided under 13,988
this section or section 3307.405 of the Revised Code with any 13,990
similar coverage, payment, or benefit made available to the same 13,991
individual by the public employees retirement system, OHIO police 13,992
and firemen's disability and FIRE pension fund, school employees 13,994
retirement system, or state highway patrol retirement system. 13,995
(E) The board shall make all other necessary rules 13,997
pursuant to the purpose and intent of this section. 13,998
Sec. 3309.26. The membership of any person in the school 14,007
employees retirement system shall terminate if the person 14,008
withdraws the person's accumulated contributions, retires on a 14,009
retirement allowance as provided in sections 3309.36, 3309.38, 14,011
and 3309.381 of the Revised Code, or dies, unless otherwise 14,012
provided in Chapter 3309. of the Revised Code. 14,013
A former member with an account in the employees' savings 14,015
fund who formerly lost membership shall be reinstated as a member 14,017
with all the rights, privileges, and obligations as provided in 14,018
Chapter 3309. of the Revised Code.
Except as provided in this section, a member or former 14,021
member of the school employees retirement system with at least 14,022
311
one and one-half years of contributing service credit in this 14,023
system, the public employees retirement system, the state 14,024
teachers retirement system, the OHIO police and firemen's 14,026
disability and FIRE pension fund, or the state highway patrol 14,028
retirement system, subsequent to the withdrawal of contributions 14,029
and cancellation of service credit in this system may restore 14,030
such service credit by redepositing in the employees' savings 14,031
fund the amount withdrawn with interest at a rate to be
determined by the board, compounded annually, from the first of 14,032
the month of withdrawal to and including the month of redeposit. 14,033
A member may choose to purchase only part of such credit in any 14,034
one payment, subject to board rules. The total payment to 14,035
restore cancelled service credit, plus any interest credited 14,036
thereto, shall be considered as accumulated contributions of the 14,037
member. If a former member is eligible to buy the service credit 14,038
as a member of the OHIO police and firemen's disability and FIRE 14,040
pension fund or state highway patrol retirement system, the 14,041
former member is ineligible to restore that service credit under 14,042
this section.
Sec. 3309.31. Service credit purchased under this section 14,051
shall be included in the member's total service credit. Credit 14,052
may be purchased for the following: 14,053
(A) School service in a public or private school, college, 14,055
or university of this or another state, and for school service in 14,056
any school or entity operated by or for the United States 14,057
government. Credit purchased under this section for school 14,058
service shall be limited to service rendered in schools, 14,059
colleges, or universities chartered or accredited by the 14,060
appropriate governmental agency. 14,061
(B) Public service with another state or the United States 14,063
government, provided that such credit shall be limited to service 14,064
that would have been covered by the state teachers retirement 14,065
system, the OHIO police and firemen's disability and FIRE pension 14,067
fund, the state highway patrol retirement system, or the public 14,068
312
employees retirement system if served in a comparable public 14,069
position in this state. 14,070
(C) Service for which contributions were made by the 14,072
member or on his THE MEMBER'S behalf to a municipal retirement 14,073
system in this state. 14,075
The number of years of service purchased under this section 14,078
shall not exceed the lesser of five years or the member's total 14,079
accumulated number of years of Ohio service.
For each year of service purchased under this section, a 14,081
member shall pay to the school employees retirement system for 14,082
credit to his THE MEMBER'S accumulated account an amount equal to 14,084
his THE MEMBER'S retirement contribution for full-time employment 14,085
for the first year of Ohio service following termination of the 14,086
service to be purchased. To this amount shall be added an amount 14,087
equal to compound interest at a rate established by the school 14,088
employees retirement board from the date of membership in the 14,089
school employees retirement system to date of payment. A member 14,090
may choose to purchase only part of such credit in any one 14,091
payment, subject to board rules. 14,092
A member is ineligible to purchase under this section 14,094
service that is used in the calculation of any retirement benefit 14,095
currently being paid or payable in the future to the member under 14,096
any other retirement program, except social security. At the 14,097
time the credit is purchased, the member shall certify on a form 14,098
furnished by the retirement board that he THE MEMBER does and 14,099
will conform to this requirement. 14,101
(D) Credit purchased under this section may be combined 14,103
pursuant to section 3309.35 of the Revised Code with credit 14,104
purchased under sections 145.293 and 3307.32 of the Revised Code, 14,105
except that not more than an aggregate total of five years' 14,106
service credit purchased under this section and sections 145.293 14,107
and 3307.32 of the Revised Code shall be used in determining 14,108
retirement eligibility or calculating benefits under section 14,109
3309.35 of the Revised Code. 14,110
313
(E) The retirement board shall establish a policy to 14,112
determine eligibility to purchase credit under this section, and 14,113
its decision shall be final. 14,114
Sec. 3309.341. (A) As used in this section: 14,123
(1) "SERS retirant" means any person who is receiving a 14,125
retirement allowance from the school employees retirement system 14,126
under section 3309.36, 3309.38, or 3309.381 of the Revised Code. 14,127
(2) "Other system retirant" means a member or former 14,129
member of the public employees retirement system, OHIO police and 14,131
firemen's disability and FIRE pension fund, state teachers 14,132
retirement system, state highway patrol retirement system, or 14,134
Cincinnati retirement system who is receiving age and service or 14,135
commuted age and service retirement, or a disability benefit from 14,136
a system of which he THE RETIRANT is a member or former member. 14,137
(B)(1) An SERS retirant or other system retirant may be 14,139
employed by a public employer. If so employed, the SERS retirant 14,140
or other system retirant shall contribute to the school employees 14,141
retirement system in accordance with section 3309.47 of the 14,142
Revised Code, and the employer shall make contributions in 14,143
accordance with section 3309.49 of the Revised Code. 14,144
(2) An employer that employs an SERS retirant or other 14,146
system retirant shall notify the retirement board of the 14,147
employment not later than the end of the month in which the 14,148
employment commences. On receipt of notice from an employer that 14,149
a person who is an other system retirant has been employed, the 14,150
school employees retirement system shall notify the state 14,151
retirement system of which the other system retirant was a member 14,152
of such employment. 14,153
(C) An SERS retirant or other system retirant who has 14,155
received his A retirement allowance or disability benefit for 14,156
less than two months when employment subject to this section 14,158
commences shall forfeit his THE retirement allowance or 14,159
disability benefit for the period that begins on the date the 14,161
employment commences and ends on the date that is two months 14,162
314
after the date on which the retirement allowance or disability 14,163
benefit commenced. Service and contributions for that period 14,164
shall not be included in the calculation of any benefits payable 14,165
to the SERS retirant or other system retirant, and those 14,166
contributions shall be refunded on his death or termination of 14,167
the employment.
(D) On receipt of notice from the OHIO police and 14,169
firemen's disability and FIRE pension fund, public employees 14,171
retirement system, or state teachers retirement system of the 14,173
re-employment of an SERS retirant, the school employees 14,174
retirement system shall not pay, or if paid shall recover, the 14,175
amount to be forfeited by the SERS retirant in accordance with 14,176
section 145.38, 742.26, or 3307.381 of the Revised Code. 14,177
(E)(1) On termination of employment under this section, an 14,179
SERS retirant or other system retirant may file an application 14,180
with the school employees retirement system for a benefit under 14,181
this division, which shall consist of a single life annuity 14,182
having a reserve equal to the amount of his THE RETIRANT'S 14,183
accumulated contributions for the period of employment and an 14,185
equal amount of the employer's contributions, plus interest 14,186
credited to the date of retirement at the rate provided in 14,187
division (I)(2) of section 3309.01 of the Revised Code. The SERS 14,188
retirant or other system retirant shall elect either to receive 14,189
the benefit as a monthly annuity for his life or a lump-sum 14,190
payment discounted to the present value using the current 14,191
actuarial assumption rate of interest, except that if his THE 14,192
monthly annuity would be less than twenty-five dollars per month, 14,194
he THE RETIRANT shall receive a lump-sum payment.
(2) A benefit payable under this division shall commence 14,196
on the first day of the month after the latest of the following: 14,197
(a) The last day for which compensation for employment 14,199
subject to this section was paid; 14,200
(b) Attainment by the SERS retirant or other system 14,202
retirant of age sixty-five; 14,203
315
(c) If the SERS retirant or other system retirant was 14,205
previously employed under this section and is receiving or 14,206
previously received a benefit under this division, completion of 14,207
a period of twelve months since the effective date of that 14,208
benefit. 14,209
(3) An SERS retirant or other system retirant subject to 14,211
this section is not a member of the school employees retirement 14,212
system; does not have any of the rights, privileges, or 14,213
obligations of membership, except as specified in this section; 14,214
and is not eligible to receive health, medical, hospital, or 14,215
surgical benefits under section 3309.69 of the Revised Code for 14,216
employment subject to this section. No amount received under 14,217
this division shall be included in determining an additional 14,218
benefit under section 3309.374 of the Revised Code or any other 14,219
post-retirement benefits. 14,220
(F)(1) If an SERS retirant or other system retirant dies 14,222
while employed in employment subject to this section, a lump-sum 14,223
payment calculated in accordance with division (E)(1) of this 14,224
section shall be paid to the beneficiary under division (H) of 14,225
this section. 14,226
(2) If at the time of his death an SERS retirant or other 14,228
system retirant receiving a monthly annuity has received less 14,229
than he THE RETIRANT would have received as a lump-sum payment, 14,231
the difference between the amount he received and the amount he 14,233
THAT would have BEEN received as a lump-sum payment shall be paid 14,235
to his THE RETIRANT'S beneficiary under division (H) of this 14,237
section.
(G) If the disability benefit of an other system retirant 14,239
employed under this section is terminated, he THE RETIRANT shall 14,240
become a member of the school employees retirement system, 14,242
effective on the first day of the month next following the 14,243
termination, with all the rights, privileges, and obligations of 14,244
membership. If such person THE RETIRANT, after the termination 14,245
of his THE disability benefit, earns two years of service credit 14,248
316
under this retirement system or under the public employees 14,249
retirement system, OHIO police and firemen's disability and FIRE 14,250
pension fund, state teachers retirement system, or state highway 14,252
patrol retirement system, his THE RETIRANT'S prior contributions 14,254
as an other system retirant under this section shall be included 14,255
in his THE RETIRANT'S total service credit as a school employees 14,257
retirement system member, and he THE RETIRANT shall forfeit all 14,258
rights and benefits of this section. Not more than one year of 14,259
credit may be given for any period of twelve months. 14,260
(H) An SERS retirant or other system retirant employed 14,262
under this section may designate one or more persons as 14,263
beneficiary to receive any benefits payable under this section 14,264
due to his death. The designation shall be in writing duly 14,265
executed on a form provided by the school employees retirement 14,266
board, signed by the SERS retirant or other system retirant, and 14,267
filed with the board prior to his death. The last designation of 14,268
a beneficiary revokes all previous designations. The SERS 14,269
retirant's or other system retirant's marriage, divorce, marriage 14,270
dissolution, legal separation, withdrawal of account, birth of 14,271
his THE RETIRANT'S child, or adoption of a child revokes all 14,272
previous designations. If there is no designated beneficiary, 14,274
the beneficiary is the beneficiary designated under division (D) 14,275
of section 3309.44 of the Revised Code. If any benefit payable 14,276
under this section due to the death of an SERS retirant or other 14,277
system retirant is not claimed by a beneficiary within five years 14,278
after the death, the amount payable shall be transferred to the 14,279
guarantee fund and thereafter paid to the beneficiary or the 14,280
estate of the SERS retirant or other system retirant on 14,281
application to the board. 14,282
(I) This section does not affect the receipt of benefits 14,284
by or eligibility for benefits of any person who on August 29, 14,285
1976, was receiving a disability benefit or service retirement 14,286
pension or allowance from a state or municipal retirement system 14,287
in Ohio and was a member of any other state or municipal 14,288
317
retirement system of this state. 14,289
(J) The school employees retirement board may adopt rules 14,291
to carry out this section. 14,292
Sec. 3309.351. (A) A member of the school employees 14,301
retirement system who has contributions on deposit with the OHIO 14,302
police and firemen's disability and FIRE pension fund or the 14,304
state highway patrol retirement system shall, in computing years 14,306
of total service, be given full credit for service credit earned 14,307
under Chapter 742. or 5505. of the Revised Code or purchased for 14,309
service in the armed forces of the United States if a transfer to 14,310
the school employees retirement system is made under this 14,311
division. At the request of the member, the OHIO police and 14,312
firemen's disability and FIRE pension fund or state highway 14,313
patrol retirement system shall transfer to the school employees 14,315
retirement system, for each year of service, the sum of the 14,316
following: 14,317
(1) An amount equal to the member's payments for service 14,319
in the armed forces of the United States and accumulated 14,320
contributions to the transferring fund or system; 14,321
(2) An amount equal to the lesser of the employer's 14,323
contributions to the OHIO police and firemen's disability and 14,325
FIRE pension fund or state highway patrol retirement system or 14,327
the amount that would have been contributed by the employer for 14,328
the service had the member been a member of the school employees
retirement system; 14,329
(3) Interest, determined as provided in division (E) of 14,331
this section, on the amounts specified in divisions (A)(1) and 14,332
(2) of this section from the last day of the year for which the 14,335
service credit was earned or in which military service credit was 14,336
purchased or obtained to the date the transfer is made. 14,337
(B) A member who has at least eighteen months of 14,339
contributing service with the school employees retirement system, 14,340
is a former member of the OHIO police and firemen's disability 14,341
and FIRE pension fund or state highway patrol retirement system, 14,343
318
and has received a refund of contributions to that fund or system 14,344
shall, in computing years of total service, be given full credit
for service credit earned under Chapter 742. or 5505. of the 14,345
Revised Code or purchased for service in the armed forces of the 14,347
United States if, for each year of service, the school employees 14,348
retirement system receives the sum of the following: 14,349
(1) An amount, which shall be paid by the member, equal to 14,351
the amount refunded by the OHIO police and firemen's disability 14,352
and FIRE pension fund or the state highway patrol retirement 14,354
system to the member for that year for accumulated contributions 14,355
and payments for purchase of credit for service in the armed
forces of the United States, with interest on that amount from 14,357
the date of the refund to the date of the payment; 14,360
(2) Interest, which shall be transferred by the OHIO 14,363
police and firemen's disability and FIRE pension fund or state 14,364
highway patrol retirement system, on the amount refunded to the 14,366
member that is attributable to the year of service from the last 14,368
day of the year for which the service credit was earned or in 14,369
which military service credit was purchased or obtained to the 14,370
date the refund was made; 14,371
(3) An amount, which shall be transferred by the OHIO 14,373
police and firemen's disability and FIRE pension fund or state 14,375
highway patrol retirement system, that is equal to the lesser of 14,377
the amount contributed by the employer to the OHIO police and 14,379
firemen's disability and FIRE pension fund or state highway
patrol retirement system for that year or the amount that would 14,381
have been contributed by the employer for the year had the member 14,382
been a member of the school employees retirement system, with 14,383
interest on that amount from the last day of the year for which 14,385
the service credit was earned or in which military service credit 14,386
was purchased or obtained to the date of the transfer. 14,387
On receipt of payment from the member, the school employees 14,389
retirement system shall notify the OHIO police and firemen's 14,390
disability and FIRE pension fund or the state highway patrol 14,392
319
retirement system, which, on receipt of the notice, shall make 14,393
the transfer required by this division. Interest shall be
determined as provided in division (E) of this section. The 14,394
member may choose to purchase only part of such credit in any one 14,395
payment, subject to board rules. 14,396
(C) A member is ineligible to obtain service credit under 14,399
this section for service that is used in the calculation of any 14,400
retirement benefit currently being paid or payable in the future 14,401
to the member. 14,402
Service credit obtained under this section shall be 14,404
considered the equivalent of Ohio service credit. 14,405
(D) If a member of the school employees retirement system 14,407
who is not a current contributor elects to obtain credit under 14,408
section 742.379 or 5505.202 of the Revised Code for service for 14,409
which the member contributed to the school employees retirement 14,411
system or purchased credit for service in the armed forces of the 14,412
United States, the school employees retirement system shall 14,413
transfer to the OHIO police and firemen's disability and FIRE 14,414
pension fund or state highway patrol retirement system, as 14,415
applicable, the amount specified in division (D) of section 14,416
742.379 or division (B)(2) of section 5505.202 of the Revised 14,417
Code.
(E) Interest charged under this section shall be 14,420
calculated separately for each year of service credit at the
lesser of the actuarial assumption rate for that year of the 14,421
school employees retirement system or of the fund or retirement 14,422
system in which the credit was earned. The interest shall be 14,423
compounded annually.
Sec. 3309.69. (A) As used in this section, "ineligible 14,432
individual" means all of the following: 14,433
(1) A former member receiving benefits pursuant to section 14,435
3309.34, 3309.35, 3309.36, 3309.38, or 3309.381 of the Revised 14,436
Code for whom eligibility is established more than five years 14,437
after June 13, 1981, and who, at the time of establishing 14,438
320
eligibility, has accrued less than ten years of service credit, 14,439
exclusive of credit obtained after January 29, 1981, pursuant to 14,440
sections 3309.021, 3309.301, 3309.31, and 3309.33 of the Revised 14,441
Code; 14,442
(2) The spouse of the former member; 14,444
(3) The beneficiary of the former member receiving 14,446
benefits pursuant to section 3309.46 of the Revised Code. 14,447
(B) The school employees retirement board may enter into 14,449
an agreement with insurance companies, health insuring 14,451
corporations, or government agencies authorized to do business in 14,453
the state for issuance of a policy or contract of health, 14,454
medical, hospital, or surgical benefits, or any combination 14,455
thereof, for those individuals receiving service retirement or a 14,456
disability or survivor benefit subscribing to the plan and their 14,458
eligible dependents.
If all or any portion of the policy or contract premium is 14,460
to be paid by any individual receiving service retirement or a 14,462
disability or survivor benefit, the person shall, by written 14,463
authorization, instruct the board to deduct the premiums agreed 14,464
to be paid by the individual to the companies, corporations, or 14,466
agencies.
The board may contract for coverage on the basis of part or 14,469
all of the cost of the coverage to be paid from appropriate funds 14,470
of the school employees retirement system. The cost paid from 14,471
the funds of the system shall be included in the employer's 14,473
contribution rate provided by sections 3309.49 and 3309.491 of 14,474
the Revised Code. The board shall not pay or reimburse the cost 14,475
for health care under this section or section 3309.375 of the 14,476
Revised Code for any ineligible individual. 14,477
The board may provide for self-insurance of risk or level 14,479
of risk as set forth in the contract with the companies, 14,480
corporations, or agencies, and may provide through the 14,481
self-insurance method specific benefits as authorized by the 14,482
rules of the board. 14,483
321
(C) If the board provides health, medical, hospital, or 14,485
surgical benefits through any means other than a health insuring 14,487
corporation, it shall offer to each individual eligible for the 14,490
benefits the alternative of receiving benefits through enrollment 14,492
in a health insuring corporation, if all of the following apply: 14,494
(1) The health insuring corporation provides health care 14,497
services in the geographical area in which the individual lives; 14,499
(2) The eligible individual was receiving health care 14,501
benefits through a health maintenance organization or a health 14,502
insuring corporation before retirement; 14,504
(3) The rate and coverage provided by the health insuring 14,507
corporation to eligible individuals is comparable to that 14,509
currently provided by the board under division (B) of this 14,510
section. If the rate or coverage provided by the health insuring 14,511
corporation is not comparable to that currently provided by the 14,513
board under division (B) of this section, the board may deduct 14,514
the additional cost from the eligible individual's monthly 14,515
benefit.
The health insuring corporation shall accept as an enrollee 14,519
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 14,521
from one plan to another at least once a year at a time 14,522
determined by the board. 14,523
(D) The board shall, beginning the month following receipt 14,525
of satisfactory evidence of the payment for coverage, make a 14,526
monthly payment to each recipient of service retirement, or a 14,527
disability or survivor benefit under the school employees 14,528
retirement system who is eligible for insurance coverage under 14,529
part B of "The Social Security Amendments of 1965," 79 Stat. 301, 14,530
42 U.S.C.A. 1395j, as amended, except that the board shall make 14,531
no such payment to any ineligible individual. Effective on the 14,532
first day of the month after the effective date of this amendment 14,533
DECEMBER 8, 1998, the amount of the payment shall be the lesser 14,536
of an amount equal to the basic premium for such coverage, or an 14,537
322
amount equal to the basic premium in effect on January 1, 1992. 14,538
(E) The board shall establish by rule requirements for the 14,540
coordination of any coverage, payment, or benefit provided under 14,542
this section or section 3309.375 of the Revised Code with any 14,544
similar coverage, payment, or benefit made available to the same 14,545
individual by the public employees retirement system, OHIO police 14,546
and firemen's disability and FIRE pension fund, state teachers 14,548
retirement system, or state highway patrol retirement system. 14,549
(F) The board shall make all other necessary rules 14,551
pursuant to the purpose and intent of this section. 14,552
Sec. 3318.26. (A) Subject to the limitations provided in 14,561
section 3318.29 of the Revised Code, the issuing authority, upon 14,562
the certification by the Ohio school facilities commission to the 14,564
issuing authority of the amount of moneys or additional moneys 14,565
needed in the school districts facilities fund for the purpose of 14,566
making loans for allowable costs from such fund or in the school 14,567
building program assistance fund for the purposes of sections 14,568
3318.01 to 3318.20 of the Revised Code, or needed for capitalized 14,569
interest, for funding reserves, and for paying costs and expenses 14,570
incurred in connection with the issuance, carrying, securing, 14,571
paying, redeeming, or retirement of the obligations or any 14,572
obligations refunded thereby, including payment of costs and 14,573
expenses relating to letters of credit, lines of credit, 14,574
insurance, put agreements, standby purchase agreements, indexing, 14,575
marketing, remarketing and administrative arrangements, interest 14,576
swap or hedging agreements, and any other credit enhancement, 14,577
liquidity, remarketing, renewal, or refunding arrangements, all 14,578
of which are authorized by this section, shall issue obligations 14,579
of the state under this section in the required amount. The 14,580
proceeds of such obligations, except for obligations issued to 14,582
provide moneys for the school building program assistance fund or 14,583
except for such portion to be deposited in special funds, 14,584
including reserve funds, as may be provided in the bond 14,585
proceedings, shall as provided in the bond proceedings be 14,586
323
deposited by the treasurer of state to the school districts 14,587
facilities fund. The issuing authority may appoint trustees, 14,588
paying agents, and transfer agents and may retain the services of 14,589
financial advisors and accounting experts and retain or contract 14,590
for the services of marketing, remarketing, indexing, and 14,591
administrative agents, other consultants, and independent 14,592
contractors, including printing services, as are necessary in the 14,593
issuing authority's judgment to carry out this section. The 14,594
costs of such services are payable from the school districts 14,595
facilities fund, the school building program assistance fund, or 14,596
any special fund determined by the issuing authority. 14,597
(B) The holders or owners of such obligations shall have 14,599
no right to have moneys raised by taxation obligated or pledged, 14,600
and moneys raised by taxation shall not be obligated or pledged, 14,601
for the payment of bond service charges. Such holders or owners 14,602
shall have no rights to payment of bond service charges from any 14,603
money or property received by the commission, treasurer of state, 14,606
or the state, or from any other use of the proceeds of the sale 14,607
of the obligations, and no such moneys may be used for the 14,608
payment of bond service charges, except for accrued interest, 14,609
capitalized interest, and reserves funded from proceeds received 14,610
upon the sale of the obligations and except as otherwise 14,611
expressly provided in the applicable bond proceedings pursuant to 14,612
written directions by the treasurer of state. The right of such 14,613
holders and owners to payment of bond service charges shall be 14,614
limited to all or that portion of the pledged receipts and those 14,615
special funds pledged thereto pursuant to the bond proceedings in 14,616
accordance with this section, and each such obligation shall bear 14,617
on its face a statement to that effect.
(C) Obligations shall be authorized by resolution or order 14,619
of the issuing authority and the bond proceedings shall provide 14,620
for the purpose thereof and the principal amount or amounts, and 14,621
shall provide for or authorize the manner or agency for 14,622
determining the principal maturity or maturities, not exceeding 14,623
324
the limits specified in section 3318.29 of the Revised Code, the 14,624
interest rate or rates or the maximum interest rate, the date of 14,625
the obligations and the dates of payment of interest thereon, 14,626
their denomination, and the establishment within or without the 14,627
state of a place or places of payment of bond service charges. 14,628
Sections 9.98 to 9.983 of the Revised Code are applicable to 14,629
obligations issued under this section, subject to any applicable 14,630
limitation under section 3318.29 of the Revised Code. The 14,631
purpose of such obligations may be stated in the bond proceedings 14,632
in terms describing the general purpose or purposes to be served. 14,633
The bond proceedings shall also provide, subject to the 14,634
provisions of any other applicable bond proceedings, for the 14,635
pledge of all, or such part as the issuing authority may 14,636
determine, of the pledged receipts and the applicable special 14,637
fund or funds to the payment of bond service charges, which 14,638
pledges may be made either prior or subordinate to other 14,639
expenses, claims, or payments, and may be made to secure the 14,640
obligations on a parity with obligations theretofore or 14,641
thereafter issued, if and to the extent provided in the bond 14,642
proceedings. The pledged receipts and special funds so pledged 14,643
and thereafter received by the state are immediately subject to 14,644
the lien of such pledge without any physical delivery thereof or 14,645
further act, and the lien of any such pledges is valid and 14,646
binding against all parties having claims of any kind against the 14,647
state or any governmental agency of the state, irrespective of 14,648
whether such parties have notice thereof, and shall create a 14,649
perfected security interest for all purposes of Chapter 1309. of 14,650
the Revised Code, without the necessity for separation or 14,651
delivery of funds or for the filing or recording of the bond 14,652
proceedings by which such pledge is created or any certificate, 14,653
statement or other document with respect thereto; and the pledge 14,654
of such pledged receipts and special funds is effective and the 14,655
money therefrom and thereof may be applied to the purposes for 14,656
which pledged without necessity for any act of appropriation, 14,657
325
except as required by section 3770.06 of the Revised Code. Every 14,658
pledge, and every covenant and agreement made with respect 14,659
thereto, made in the bond proceedings may therein be extended to 14,660
the benefit of the owners and holders of obligations authorized 14,661
by this section, and to any trustee therefor, for the further 14,662
security of the payment of the bond service charges. 14,663
(D) The bond proceedings may contain additional provisions 14,665
as to: 14,666
(1) The redemption of obligations prior to maturity at the 14,668
option of the issuing authority at such price or prices and under 14,669
such terms and conditions as are provided in the bond 14,670
proceedings; 14,671
(2) Other terms of the obligations; 14,673
(3) Limitations on the issuance of additional obligations; 14,675
(4) The terms of any trust agreement or indenture securing 14,677
the obligations or under which the same may be issued; 14,678
(5) The deposit, investment and application of special 14,680
funds, and the safeguarding of moneys on hand or on deposit, 14,681
without regard to Chapter 131., 133., or 135. of the Revised 14,682
Code, but subject to any special provisions of sections 3318.21 14,683
to 3318.29 of the Revised Code, with respect to particular funds 14,684
or moneys, provided that any bank or trust company that acts as 14,685
depository of any moneys in the special funds may furnish such 14,686
indemnifying bonds or may pledge such securities as required by 14,687
the issuing authority; 14,688
(6) Any or every provision of the bond proceedings being 14,690
binding upon such officer, board, commission, authority, agency, 14,691
department, or other person or body as may from time to time have 14,692
the authority under law to take such actions as may be necessary 14,693
to perform all or any part of the duty required by such 14,694
provision; 14,695
(7) Any provision that may be made in a trust agreement or 14,698
indenture;
(8) The lease or sublease of any interest of the school 14,700
326
district or the state in one or more projects as defined in 14,701
division (C) of section 3318.01 of the Revised Code, or in one or 14,702
more permanent improvements, to or from the issuing authority, as 14,703
provided in one or more lease or sublease agreements between the
school or the state and the issuing authority; 14,704
(9) Any other or additional agreements with the holders of 14,706
the obligations, or the trustee therefor, relating to the 14,707
obligations or the security therefor, including in the case of 14,708
obligations issued to provide moneys for the school district 14,709
facilities fund the assignment of security obtained or to be 14,710
obtained for loans under section 3318.24 of the Revised Code. 14,711
(E) The obligations may have the great seal of the state 14,713
or a facsimile thereof affixed thereto or printed thereon. The 14,714
obligations and any coupons pertaining to obligations shall be 14,715
signed or bear the facsimile signature of the issuing authority. 14,716
Any obligations or coupons may be executed by the person who, on 14,717
the date of execution, is the proper issuing authority although 14,718
on the date of such bonds or coupons such person was not the 14,719
issuing authority. In case the issuing authority whose signature 14,720
or a facsimile of whose signature appears on any such obligation 14,721
or coupon ceases to be the issuing authority before delivery 14,722
thereof, such signature or facsimile is nevertheless valid and 14,723
sufficient for all purposes as if the issuing authority had 14,724
remained the issuing authority until such delivery; and in case 14,726
the seal to be affixed to obligations has been changed after a 14,727
facsimile of the seal has been imprinted on such obligations, 14,728
such facsimile seal shall continue to be sufficient as to such 14,729
obligations and obligations issued in substitution or exchange 14,730
therefor.
(F) All obligations are negotiable instruments and 14,732
securities under Chapter 1308. of the Revised Code, subject to 14,733
the provisions of the bond proceedings as to registration. The 14,734
obligations may be issued in coupon or in registered form, or 14,735
both, as the issuing authority determines. Provision may be made 14,736
327
for the registration of any obligations with coupons attached 14,737
thereto as to principal alone or as to both principal and 14,738
interest, their exchange for obligations so registered, and for 14,739
the conversion or reconversion into obligations with coupons 14,740
attached thereto of any obligations registered as to both 14,741
principal and interest, and for reasonable charges for such 14,742
registration, exchange, conversion, and reconversion. 14,743
(G) Obligations may be sold at public sale or at private 14,745
sale, as determined in the bond proceedings. 14,746
(H) Pending preparation of definitive obligations, the 14,748
issuing authority may issue interim receipts or certificates 14,749
which shall be exchanged for such definitive obligations. 14,750
(I) In the discretion of the issuing authority, 14,752
obligations may be secured additionally by a trust agreement or 14,753
indenture between the issuing authority and a corporate trustee 14,754
which may be any trust company or bank having its principal place 14,755
of business within the state. Any such agreement or indenture 14,756
may contain the resolution or order authorizing the issuance of 14,757
the obligations, any provisions that may be contained in any bond 14,758
proceedings, and other provisions that are customary or 14,759
appropriate in an agreement or indenture of such type, including, 14,760
but not limited to: 14,761
(1) Maintenance of each pledge, trust agreement, 14,763
indenture, or other instrument comprising part of the bond 14,764
proceedings until the state has fully paid the bond service 14,765
charges on the obligations secured thereby, or provision therefor 14,766
has been made; 14,767
(2) In the event of default in any payments required to be 14,769
made by the bond proceedings, or any other agreement of the 14,770
issuing authority made as a part of the contract under which the 14,771
obligations were issued, enforcement of such payments or 14,772
agreement by mandamus, the appointment of a receiver, suit in 14,773
equity, action at law, or any combination of the foregoing; 14,774
(3) The rights and remedies of the holders of obligations 14,776
328
and of the trustee, and provisions for protecting and enforcing 14,777
them, including limitations on rights of individual holders of 14,778
obligations; 14,779
(4) The replacement of any obligations that become 14,781
mutilated or are destroyed, lost, or stolen; 14,782
(5) Such other provisions as the trustee and the issuing 14,784
authority agree upon, including limitations, conditions, or 14,785
qualifications relating to any of the foregoing. 14,786
(J) Any holder of obligations or a trustee under the bond 14,788
proceedings, except to the extent that the holder's or trustee's 14,790
rights are restricted by the bond proceedings, may by any 14,791
suitable form of legal proceedings, protect and enforce any 14,792
rights under the laws of this state or granted by such bond 14,793
proceedings. Such rights include the right to compel the 14,794
performance of all duties of the issuing authority, the 14,795
commission, or the director of budget and management required by 14,797
sections 3318.21 to 3318.29 of the Revised Code or the bond 14,798
proceedings; to enjoin unlawful activities; and in the event of 14,799
default with respect to the payment of any bond service charges 14,800
on any obligations or in the performance of any covenant or 14,801
agreement on the part of the issuing authority, the commission, 14,802
or the director of budget and management in the bond proceedings, 14,804
to apply to a court having jurisdiction of the cause to appoint a 14,805
receiver to receive and administer the pledged receipts and 14,806
special funds, other than those in the custody of the treasurer 14,807
of state or the commission, which are pledged to the payment of 14,809
the bond service charges on such obligations or which are the 14,810
subject of the covenant or agreement, with full power to pay, and 14,811
to provide for payment of bond service charges on, such 14,812
obligations, and with such powers, subject to the direction of 14,813
the court, as are accorded receivers in general equity cases, 14,814
excluding any power to pledge additional revenues or receipts or 14,815
other income or moneys of the issuing authority or the state or 14,816
governmental agencies of the state to the payment of such 14,817
329
principal and interest and excluding the power to take possession 14,818
of, mortgage, or cause the sale or otherwise dispose of any 14,819
permanent improvement. 14,820
Each duty of the issuing authority and the issuing 14,822
authority's officers and employees, and of each governmental 14,823
agency and its officers, members, or employees, undertaken 14,824
pursuant to the bond proceedings or any agreement or loan made 14,825
under authority of sections 3318.21 to 3318.29 of the Revised 14,826
Code, and in every agreement by or with the issuing authority, is 14,827
hereby established as a duty of the issuing authority, and of 14,828
each such officer, member, or employee having authority to 14,829
perform such duty, specifically enjoined by the law resulting 14,830
from an office, trust, or station within the meaning of section 14,831
2731.01 of the Revised Code. 14,832
The person who is at the time the issuing authority, or the 14,834
issuing authority's officers or employees, are not liable in 14,835
their personal capacities on any obligations issued by the 14,836
issuing authority or any agreements of or with the issuing 14,837
authority. 14,838
(K) The issuing authority may authorize and issue 14,840
obligations for the refunding, including funding and retirement, 14,841
and advance refunding with or without payment or redemption prior 14,842
to maturity, of any obligations previously issued by the issuing 14,843
authority. Such obligations may be issued in amounts sufficient 14,844
for payment of the principal amount of the prior obligations, any 14,845
redemption premiums thereon, principal maturities of any such 14,846
obligations maturing prior to the redemption of the remaining 14,847
obligations on a parity therewith, interest accrued or to accrue 14,848
to the maturity dates or dates of redemption of such obligations, 14,849
and any allowable costs including expenses incurred or to be 14,850
incurred in connection with such issuance and such refunding, 14,851
funding, and retirement. Subject to the bond proceedings 14,852
therefor, the portion of proceeds of the sale of obligations 14,853
issued under this division to be applied to bond service charges 14,854
330
on the prior obligations shall be credited to an appropriate 14,855
account held by the trustee for such prior or new obligations or 14,856
to the appropriate account in the bond service fund for such 14,857
obligations. Obligations authorized under this division shall be 14,858
deemed to be issued for those purposes for which such prior 14,859
obligations were issued and are subject to the provisions of this 14,860
section pertaining to other obligations, except as otherwise 14,861
provided in this section; provided that, unless otherwise 14,862
authorized by the general assembly, any limitations imposed by 14,863
the general assembly pursuant to this section with respect to 14,864
bond service charges applicable to the prior obligations shall be 14,865
applicable to the obligations issued under this division to 14,866
refund, fund, advance refund, or retire such prior obligations. 14,867
(L) The authority to issue obligations under this section 14,869
includes authority to refund or refinance any obligations 14,870
previously issued by the state under sections 3318.21 to 3318.29 14,871
of the Revised Code. 14,872
The authority to issue obligations under this section also 14,874
includes authority to issue obligations in the form of bond 14,875
anticipation notes and to renew the same from time to time by the 14,876
issuance of new notes. The holders of such notes or interest 14,877
coupons pertaining thereto shall have a right to be paid solely 14,878
from the pledged receipts and special funds that may be pledged 14,879
to the payment of the bonds anticipated, or from the proceeds of 14,880
such bonds or renewal notes, or both, as the issuing authority 14,881
provides in the resolution or order authorizing such notes. Such 14,882
notes may be additionally secured by covenants of the issuing 14,883
authority to the effect that the issuing authority and the state 14,884
will do such or all things necessary for the issuance of such 14,885
bonds or renewal notes in appropriate amount, and apply the 14,886
proceeds thereof to the extent necessary, to make full payment of 14,887
the principal of and interest on such notes at the time or times 14,888
contemplated, as provided in such resolution or order. For such 14,889
purpose, the issuing authority may issue bonds or renewal notes 14,890
331
in such principal amount and upon such terms as may be necessary 14,891
to provide funds to pay when required the principal of and 14,892
interest on such notes, notwithstanding any limitations 14,893
prescribed by or for purposes of this section. Subject to this 14,894
division, all provisions for and references to obligations in 14,895
this section are applicable to notes authorized under this 14,896
division. 14,897
The issuing authority in the bond proceedings authorizing 14,899
the issuance of bond anticipation notes shall set forth for such 14,900
bonds an estimated interest rate and a schedule of principal 14,901
payments for such bonds and the annual maturity dates thereof, 14,902
and for purposes of any limitation on bond service charges 14,903
prescribed under section 3318.29 of the Revised Code, the amount 14,904
of bond service charges on such bond anticipation notes shall be 14,905
deemed to be the bond service charges for the bonds anticipated 14,906
thereby as set forth in the bond proceedings applicable to such 14,907
notes, but this provision does not modify any authority in this 14,908
section to pledge pledged receipts and special funds to, and 14,909
covenant to issue bonds to fund, the payment of principal of and 14,910
interest and any premium on such notes. 14,911
(M) Obligations issued under this section are lawful 14,913
investments for banks, societies for savings, savings and loan 14,914
associations, deposit guarantee associations, trust companies, 14,915
trustees, fiduciaries, insurance companies, including domestic 14,916
for life and domestic not for life, trustees or other officers 14,917
having charge of sinking and bond retirement or other special 14,918
funds of political subdivisions and taxing districts of this 14,919
state, the commissioners of the sinking fund of the state, the 14,920
administrator of workers' compensation, the state teachers 14,922
retirement system, the public employees retirement system, the 14,923
school employees retirement system, and the OHIO police and 14,924
firemen's disability and FIRE pension fund, notwithstanding any 14,926
other provisions of the Revised Code or rules adopted pursuant 14,927
thereto by any governmental agency of the state with respect to 14,928
332
investments by them, and also are acceptable as security for the 14,929
deposit of public moneys.
(N) Unless otherwise provided in any applicable bond 14,931
proceedings, moneys to the credit of or in the special funds 14,932
established by or pursuant to this section may be invested by or 14,933
on behalf of the issuing authority only in notes, bonds, or other 14,934
obligations of the United States, or of any agency or 14,935
instrumentality of the United States, obligations guaranteed as 14,937
to principal and interest by the United States, obligations of 14,938
this state or any political subdivision of this state, and 14,939
certificates of deposit of any national bank located in this 14,941
state and any bank, as defined in section 1101.01 of the Revised 14,942
Code, subject to inspection by the superintendent of financial 14,943
institutions. If the law or the instrument creating a trust 14,945
pursuant to division (I) of this section expressly permits 14,946
investment in direct obligations of the United States or an 14,947
agency of the United States, unless expressly prohibited by the 14,948
instrument, such moneys also may be invested in no front end load 14,949
money market mutual funds consisting exclusively of obligations 14,950
of the United States or an agency of the United States and in 14,951
repurchase agreements, including those issued by the fiduciary 14,952
itself, secured by obligations of the United States or an agency 14,953
of the United States; and in collective investment funds 14,954
established in accordance with section 1111.14 of the Revised 14,956
Code and consisting exclusively of any such securities, 14,957
notwithstanding division (A)(1)(c) of that section. The income 14,959
from such investments shall be credited to such funds as the 14,961
issuing authority determines, and such investments may be sold at 14,962
such times as the issuing authority determines or authorizes. 14,963
(O) Provision may be made in the applicable bond 14,965
proceedings for the establishment of separate accounts in the 14,966
bond service fund and for the application of such accounts only 14,967
to the specified bond service charges on obligations pertinent to 14,968
such accounts and bond service fund and for other accounts 14,969
333
therein within the general purposes of such fund. Unless 14,970
otherwise provided in any applicable bond proceedings, moneys to 14,971
the credit of or in the several special funds established 14,972
pursuant to this section shall be disbursed on the order of the 14,973
treasurer of state, provided that no such order is required for 14,974
the payment from the bond service fund when due of bond service 14,975
charges on obligations. 14,976
(P) The issuing authority may pledge all, or such portion 14,978
as the issuing authority determines, of the pledged receipts to 14,979
the payment of bond service charges on obligations issued under 14,980
this section, and for the establishment and maintenance of any 14,981
reserves, as provided in the bond proceedings, and make other 14,982
provisions therein with respect to pledged receipts as authorized 14,983
by this chapter, which provisions shall be controlling 14,984
notwithstanding any other provisions of law pertaining thereto. 14,985
(Q) The issuing authority may covenant in the bond 14,987
proceedings, and any such covenants shall be controlling 14,988
notwithstanding any other provision of law, that the state and 14,989
applicable officers and governmental agencies of the state, 14,990
including the general assembly, so long as any obligations are 14,992
outstanding, shall:
(1) Maintain statutory authority for and cause to be 14,994
operated the state lottery, including the transfers to and from 14,995
the lottery profits education fund created in section 3770.06 of 14,996
the Revised Code so that the pledged receipts shall be sufficient 14,997
in amount to meet bond service charges, and the establishment and 14,998
maintenance of any reserves and other requirements provided for 14,999
in the bond proceedings; 15,000
(2) Take or permit no action, by statute or otherwise, 15,002
that would impair the exclusion from gross income for federal 15,003
income tax purposes of the interest on any obligations designated 15,004
by the bond proceeding as tax-exempt obligations. 15,005
(R) There is hereby created the school building program 15,007
bond service fund, which shall be in the custody of the treasurer 15,008
334
of state but shall be separate and apart from and not a part of 15,009
the state treasury. All moneys received by or on account of the 15,010
issuing authority or state agencies and required by the 15,011
applicable bond proceedings, consistent with this section, to be 15,012
deposited, transferred, or credited to the school building 15,013
program bond service fund, and all other moneys transferred or 15,014
allocated to or received for the purposes of the fund, shall be 15,015
deposited and credited to such fund and to any separate accounts 15,016
therein, subject to applicable provisions of the bond 15,017
proceedings, but without necessity for any act of appropriation, 15,018
except as required by section 3770.06 of the Revised Code. 15,019
During the period beginning with the date of the first issuance 15,020
of obligations and continuing during such time as any such 15,021
obligations are outstanding, and so long as moneys in the school 15,022
building program bond service fund are insufficient to pay all 15,023
bond service charges on such obligations becoming due in each 15,024
year, a sufficient amount of the moneys from the lottery profits 15,025
education fund included in pledged receipts, subject to 15,026
appropriation for such purpose as provided in section 3770.06 of 15,027
the Revised Code, are committed and shall be paid to the school 15,028
building program bond service fund in each year for the purpose 15,029
of paying the bond service charges becoming due in that year. 15,030
The school building program bond service fund is a trust fund and 15,031
is hereby pledged to the payment of bond service charges solely 15,032
on obligations issued to provide moneys for the school building 15,033
program assistance fund to the extent provided in the applicable 15,034
bond proceedings, and payment thereof from such fund shall be 15,035
made or provided for by the treasurer of state in accordance with 15,036
such bond proceedings without necessity for any act of 15,037
appropriation except as required by section 3770.06 of the 15,038
Revised Code. 15,039
(S) There is hereby created the school facilities bond 15,041
service fund, which shall be in the custody of the treasurer of 15,042
state but shall be separate and apart from and not a part of the 15,043
335
state treasury. All moneys received by or on account of the 15,044
issuing authority or state agencies and required by the 15,045
applicable bond proceedings, consistent with this section, to be 15,046
deposited, transferred, or credited to the school facilities bond 15,047
service fund, and all other moneys transferred or allocated to or 15,048
received for the purposes of the fund, shall be deposited and 15,049
credited to such fund and to any separate accounts therein, 15,050
subject to applicable provisions of the bond proceedings, but 15,051
without necessity for any act of appropriation. During the 15,052
period beginning with the date of the first issuance of 15,053
obligations and continuing during such time as any such 15,054
obligations are outstanding, and so long as moneys in the school 15,055
facilities bond service fund are insufficient to pay all bond 15,056
service charges on such obligations becoming due in each year, a 15,057
sufficient amount of the moneys from the public school building 15,058
fund included in pledged receipts are committed and shall be paid 15,059
to the bond service fund in each year for the purpose of paying 15,060
the bond service charges becoming due in that year. The school 15,061
facilities bond service fund is a trust fund and is hereby 15,062
pledged to the payment of bond service charges on obligations 15,063
issued to provide moneys for the school districts facilities fund 15,064
to the extent provided in the applicable bond proceedings, and 15,065
payment thereof from such fund shall be made or provided for by 15,066
the treasurer of state in accordance with such bond proceedings 15,067
without necessity for any act or OF appropriation. 15,068
(T) The obligations, the transfer thereof, and the income 15,070
therefrom, including any profit made on the sale thereof, at all 15,072
times shall be free from taxation within the state.
Sec. 3345.12. (A) As used in this section and sections 15,081
3345.07 and 3345.11 of the Revised Code, in other sections of the 15,082
Revised Code that make reference to this section unless the 15,083
context does not permit, and in related bond proceedings unless 15,084
otherwise expressly provided:
(1) "State university or college" means each of the state 15,086
336
universities identified in section 3345.011 of the Revised Code, 15,087
the northeastern Ohio universities college of medicine, and the 15,088
medical college of Ohio at Toledo, and includes its board of 15,089
trustees. 15,090
(2) "Institution of higher education" or "institution" 15,092
means a state university or college, or a community college 15,093
district, technical college district, university branch district, 15,094
or state community college, and includes the applicable board of 15,095
trustees or, in the case of a university branch district, any 15,096
other managing authority.
(3) "Housing and dining facilities" means buildings, 15,098
structures, and other improvements, and equipment, real estate, 15,099
and interests in real estate therefor, to be used for or in 15,100
connection with dormitories or other living quarters and 15,101
accommodations, or related dining halls or other food service and 15,103
preparation facilities, for students, members of the faculty, 15,104
officers, or employees of the institution of higher education, 15,105
and their spouses and families.
(4) "Auxiliary facilities" means buildings, structures, 15,107
and other improvements, and equipment, real estate, and interests 15,108
in real estate therefor, to be used for or in connection with 15,109
student activity or student service facilities, housing and 15,110
dining facilities, dining halls, and other food service and 15,112
preparation facilities, vehicular parking facilities, bookstores, 15,113
athletic and recreational facilities, faculty centers, 15,114
auditoriums, assembly and exhibition halls, hospitals, 15,115
infirmaries and other medical and health facilities, research, 15,116
and continuing education facilities.
(5) "Education facilities" means buildings, structures, 15,118
and other improvements, and equipment, real estate, and interests 15,119
in real estate therefor, to be used for or in connection with, 15,120
classrooms or other instructional facilities, libraries, 15,121
administrative and office facilities, and other facilities, other 15,122
than auxiliary facilities, to be used directly or indirectly for 15,123
337
or in connection with the conduct of the institution of higher
education. 15,124
(6) "Facilities" means housing and dining facilities, 15,126
auxiliary facilities, or education facilities, and includes any 15,128
one, part of, or any combination of such facilities, and further 15,129
includes site improvements, utilities, machinery, furnishings, 15,130
and any separate or connected buildings, structures, 15,131
improvements, sites, open space and green space areas, utilities
or equipment to be used in, or in connection with the operation 15,132
or maintenance of, or supplementing or otherwise related to the 15,133
services or facilities to be provided by, such facilities. 15,134
(7) "Obligations" means bonds or notes or other evidences 15,136
of obligation, including interest coupons pertaining thereto, 15,137
authorized to be issued under this section or section 3345.07, 15,138
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised 15,139
Code.
(8) "Bond service charges" means principal, including any 15,142
mandatory sinking fund or redemption requirements for the
retirement of obligations, interest, or interest equivalent and 15,143
other accreted amounts, and any call premium required to be paid 15,145
on obligations.
(9) "Bond proceedings" means the resolutions, trust 15,148
agreement, indenture, and other agreements and credit enhancement 15,149
facilities, and amendments and supplements to the foregoing, or 15,150
any one or more or combination thereof, authorizing, awarding, or 15,151
providing for the terms and conditions applicable to, or 15,152
providing for the security or liquidity of, obligations, and the 15,153
provisions contained in those obligations. 15,154
(10) "Costs of facilities" means the costs of acquiring, 15,156
constructing, reconstructing, rehabilitating, remodeling, 15,157
renovating, enlarging, improving, equipping, or furnishing 15,158
facilities, and the financing thereof, including the cost of 15,159
clearance and preparation of the site and of any land to be used 15,160
in connection with facilities, the cost of any indemnity and 15,161
338
surety bonds and premiums on insurance, all related direct 15,162
administrative expenses and allocable portions of direct costs of 15,163
the institution of higher education or state agency, cost of 15,164
engineering, architectural services, design, plans, 15,165
specifications and surveys, estimates of cost, legal fees, fees
and expenses of trustees, depositories, bond registrars, and 15,167
paying agents for the obligations, cost of issuance of the 15,168
obligations and financing costs and fees and expenses of 15,169
financial advisers and consultants in connection therewith, 15,170
interest on the obligations from the date thereof to the time 15,171
when interest is to be covered by available receipts or other 15,172
sources other than proceeds of the obligations, amounts necessary 15,174
to establish reserves as required by the bond proceedings, costs 15,175
of audits, the reimbursements of all moneys advanced or applied 15,176
by or borrowed from the institution or others, from whatever 15,177
source provided, including any temporary advances from state
appropriations, for the payment of any item or items of cost of 15,179
facilities, and all other expenses necessary or incident to 15,180
planning or determining feasibility or practicability with 15,181
respect to facilities, and such other expenses as may be 15,182
necessary or incident to the acquisition, construction, 15,183
reconstruction, rehabilitation, remodeling, renovation, 15,184
enlargement, improvement, equipment, and furnishing of 15,185
facilities, the financing thereof and the placing of them in use 15,186
and operation, including any one, part of, or combination of such 15,188
classes of costs and expenses.
(11) "Available receipts" means all moneys received by the 15,190
institution of higher education, including income, revenues, and 15,191
receipts from the operation, ownership, or control of facilities, 15,192
grants, gifts, donations, and pledges and receipts therefrom, 15,193
receipts from fees and charges, and the proceeds of the sale of 15,194
obligations, including proceeds of obligations issued to refund 15,195
obligations previously issued, but excluding any special fee, and 15,196
receipts therefrom, charged pursuant to division (D) of section 15,197
339
154.21 of the Revised Code. 15,198
(12) "Credit enhancement facilities" has the meaning given 15,200
in division (H) of section 133.01 of the Revised Code. 15,201
(13) "Financing costs" has the meaning given in division 15,203
(K) of section 133.01 of the Revised Code. 15,204
(14) "Interest" or "interest equivalent" has the meaning 15,206
given in division (R) of section 133.01 of the Revised Code. 15,207
(B) Obligations issued under section 3345.07 or 3345.11 of 15,209
the Revised Code by a state university or college shall be 15,210
authorized by resolution of its board of trustees. Obligations 15,211
issued by any other institution of higher education shall be 15,212
authorized by resolution of its board of trustees, or managing 15,213
directors in the case of certain university branch districts, as 15,215
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code 15,216
apply to obligations. Obligations may be issued to pay costs of 15,217
facilities even if the institution anticipates the possibility of 15,218
a future state appropriation to pay all or a portion of such
costs. 15,219
(C) Obligations shall be secured by a pledge of and lien 15,222
on all or such part of the available receipts of the institution
of higher education as it provides for in the bond proceedings, 15,223
excluding moneys raised by taxation and state appropriations. 15,224
Such pledge and lien may be made prior to all other expenses, 15,225
claims, or payments, excepting any pledge of such available 15,226
receipts previously made to the contrary and except as provided 15,227
by any existing restrictions on the use thereof, or such pledge 15,228
and lien may be made subordinate to such other expenses, claims, 15,229
or payments, as provided in the bond proceedings. Obligations 15,230
may be additionally secured by covenants of the institution to 15,232
make, fix, adjust, collect, and apply such charges, rates, fees, 15,233
rentals, and other items of available receipts as will produce 15,234
pledged available receipts sufficient to meet bond service 15,235
charges, reserve, and other requirements provided for in the bond 15,236
proceedings. Notwithstanding this and any other sections of the 15,237
340
Revised Code, the holders or owners of the obligations shall not 15,238
be given the right and shall have no right to have excises or 15,239
taxes levied by the general assembly for the payment of bond 15,240
service charges thereon, and each such obligation shall bear on 15,241
its face a statement to that effect and to the effect that the 15,242
right to such payment is limited to the available receipts and 15,243
special funds pledged to such purpose under the bond proceedings. 15,244
All pledged available receipts and funds and the proceeds 15,246
of obligations are trust funds and, subject to the provisions of 15,247
this section and the applicable bond proceedings, shall be held, 15,248
deposited, invested, reinvested, disbursed, applied, and used to 15,249
such extent, in such manner, at such times, and for such
purposes, as are provided in the bond proceedings. 15,250
(D) The bond proceedings for obligations shall provide for 15,253
the purpose thereof and the principal amount or maximum principal 15,254
amount, and provide for or authorize the manner of determining 15,255
the principal maturity or maturities, the sale price including 15,256
any permitted discount, the interest rate or rates, which may be 15,257
a variable rate or rates, or the maximum interest rate, the date 15,258
of the obligations and the date or dates of payment of interest 15,259
thereon, their denominations, the manner of sale thereof, and the 15,260
establishment within or without the state of a place or places of 15,261
payment of bond service charges. The bond proceedings also shall 15,262
provide for a pledge of and lien on available receipts of the 15,263
institution of higher education as provided in division (C) of 15,264
this section, and a pledge of and lien on such fund or funds 15,265
provided in the bond proceedings arising from available receipts, 15,266
which pledges and liens may provide for parity with obligations 15,267
theretofore or thereafter issued by the institution. The 15,268
available receipts so pledged and thereafter received by the 15,269
institution and the funds so pledged are immediately subject to 15,270
the lien of such pledge without any physical delivery thereof or 15,271
further act, and the lien of any such pledge is valid and binding 15,272
against all parties having claims of any kind against the 15,273
341
institution, irrespective of whether such parties have notice 15,275
thereof, and shall create a perfected security interest for all
purposes of Chapter 1309. of the Revised Code, without the 15,276
necessity for separation or delivery of funds or for the filing 15,277
or recording of the bond proceedings by which such pledge is 15,278
created or any certificate, statement, or other document with 15,279
respect thereto; and the pledge of such available receipts and 15,280
funds shall be effective and the money therefrom and thereof may 15,281
be applied to the purposes for which pledged without necessity 15,282
for any act of appropriation. 15,283
(E) The bond proceedings may contain additional provisions 15,285
customary or appropriate to the financing or to the obligations 15,287
or to particular obligations, including:
(1) The acquisition, construction, reconstruction, 15,289
equipment, furnishing, improvement, operation, alteration, 15,290
enlargement, maintenance, insurance, and repair of facilities, 15,291
and the duties of the institution of higher education with 15,293
reference thereto;
(2) The terms of the obligations, including provisions for 15,295
their redemption prior to maturity at the option of the 15,296
institution of higher education at such price or prices and under 15,297
such terms and conditions as are provided in the bond 15,298
proceedings;
(3) Limitations on the purposes to which the proceeds of 15,300
the obligations may be applied; 15,301
(4) The rates or rentals or other charges for the use of 15,303
or right to use the facilities financed by the obligations, or 15,304
other properties the revenues or receipts from which are pledged 15,305
to the obligations, and rules for assuring use and occupancy 15,307
thereof, including limitations upon the right to modify such 15,308
rates, rentals, other charges, or regulations;
(5) The use and expenditure of the pledged available 15,310
receipts in such manner and to such extent as shall be 15,311
determined, which may include provision for the payment of the 15,312
342
expenses of operation, maintenance, and repair of facilities so 15,313
that such expenses, or part thereof, shall be paid or provided as 15,314
a charge prior or subsequent to the payment of bond service 15,315
charges and any other payments required to be made by the bond 15,316
proceedings; 15,317
(6) Limitations on the issuance of additional obligations; 15,319
(7) The terms of any trust agreement or indenture securing 15,321
the obligations or under which the same may be issued; 15,322
(8) The deposit, investment, and application of funds, and 15,324
the safeguarding of funds on hand or on deposit without regard to 15,325
Chapter 131. or 135. of the Revised Code, and any bank or trust 15,326
company or other financial institution that acts as depository of 15,327
any moneys under the bond proceedings shall furnish such 15,329
indemnifying bonds or pledge such securities as required by the 15,330
bond proceedings or otherwise by the institution of higher 15,331
education;
(9) The binding effect of any or every provision of the 15,333
bond proceedings upon such officer, board, commission, authority, 15,334
agency, department, or other person or body as may from time to 15,335
time have the authority under law to take such actions as may be 15,336
necessary to perform all or any part of the duty required by such 15,337
provision; 15,338
(10) Any provision that may be made in a trust agreement 15,340
or indenture; 15,341
(11) Any other or additional agreements with respect to 15,343
the facilities of the institution of higher education, their 15,345
operation, the available receipts and funds pledged, and 15,346
insurance of facilities and of the institution its officers and
employees. 15,347
(F) Such obligations may have the seal of the institution 15,349
of higher education or a facsimile thereof affixed thereto or 15,350
printed thereon and shall be executed by such officers as are 15,351
designated in the bond proceedings, which execution may be by 15,352
facsimile signatures. Any obligations may be executed by an 15,353
343
officer who, on the date of execution, is the proper officer 15,354
although on the date of such obligations such person was not the 15,355
proper officer. In case any officer whose signature or a 15,356
facsimile of whose signature appears on any such obligation 15,357
ceases to be such officer before delivery thereof, such signature 15,358
or facsimile is nevertheless valid and sufficient for all 15,359
purposes as if the person had remained such officer until such 15,361
delivery; and in case the seal of the institution has been 15,362
changed after a facsimile of the seal has been imprinted on such 15,363
obligations, such facsimile seal continues to be sufficient as to 15,364
such obligations and obligations issued in substitution or 15,365
exchange therefor. 15,366
(G) All such obligations are negotiable instruments and 15,368
securities under Chapter 1308. of the Revised Code, subject to 15,369
the provisions of the bond proceedings as to registration. The 15,370
obligations may be issued in coupon or in registered form, or 15,371
both. Provision may be made for the registration of any 15,372
obligations with coupons attached thereto as to principal alone 15,373
or as to both principal and interest, their exchange for 15,374
obligations so registered, and for the conversion or reconversion 15,375
into obligations with coupons attached thereto of any obligations 15,376
registered as to both principal and interest, and for reasonable 15,377
charges for such registration, exchange, conversion, and 15,378
reconversion. 15,379
(H) Pending preparation of definitive obligations, the 15,381
institution of higher education may issue interim receipts or 15,382
certificates which shall be exchanged for such definitive 15,383
obligations. 15,384
(I) Such obligations may be secured additionally by a 15,386
trust agreement or indenture between the institution of higher 15,387
education and a corporate trustee, which may be any trust company 15,388
or bank having the powers of a trust company within or without 15,389
this state but authorized to exercise trust powers within this 15,390
state. Any such agreement or indenture may contain the 15,391
344
resolution authorizing the issuance of the obligations, any 15,392
provisions that may be contained in the bond proceedings as 15,393
authorized by this section, and other provisions which are 15,394
customary or appropriate in an agreement or indenture of such 15,395
type, including: 15,396
(1) Maintenance of each pledge, trust agreement, and 15,398
indenture, or other instrument comprising part of the bond 15,399
proceedings until the institution of higher education has fully 15,401
paid the bond service charges on the obligations secured thereby, 15,402
or provision therefor has been made;
(2) In the event of default in any payments required to be 15,404
made by the bond proceedings, or any other agreement of the 15,405
institution of higher education made as a part of the contract 15,407
under which the obligations were issued, enforcement of such 15,408
payments or agreement by mandamus, the appointment of a receiver, 15,409
suit in equity, action at law, or any combination of the 15,410
foregoing;
(3) The rights and remedies of the holders of obligations 15,412
and of the trustee, and provisions for protecting and enforcing 15,413
them, including limitations on rights of individual holders of 15,414
obligations; 15,415
(4) The replacement of any obligations that become 15,417
mutilated or are destroyed, lost, or stolen; 15,418
(5) Such other provisions as the trustee and the 15,420
institution of higher education agree upon, including 15,421
limitations, conditions, or qualifications relating to any of the 15,422
foregoing.
(J) Each duty of the institution of higher education and 15,425
its officers or employees, undertaken pursuant to the bond 15,426
proceedings or any related agreement or lease made under
authority of law, is hereby established as a duty of such 15,427
institution, and of each such officer or employee having 15,428
authority to perform such duty, specially enjoined by law 15,429
resulting from an office, trust, or station within the meaning of 15,430
345
section 2731.01 of the Revised Code. The persons who are at the 15,431
time the members of the board of trustees or the managing 15,432
directors of the institution or its officers or employees are not 15,433
liable in their personal capacities on such obligations, or 15,434
lease, or other agreement of the institution.
(K) The authority to issue obligations includes authority 15,436
to:
(1) Issue obligations in the form of bond anticipation 15,438
notes and to renew them from time to time by the issuance of new 15,439
notes. Such notes are payable solely from the available receipts 15,440
and funds that may be pledged to the payment of such bonds, or 15,441
from the proceeds of such bonds or renewal notes, or both, as the 15,442
institution of higher education provides in its resolution 15,443
authorizing such notes. Such notes may be additionally secured 15,444
by covenants of the institution to the effect that it will do 15,446
such or all things necessary for the issuance of such bonds or 15,447
renewal notes in appropriate amount, and either exchange such 15,448
bonds or renewal notes therefor or apply the proceeds thereof to 15,449
the extent necessary, to make full payment of the bond service 15,450
charges on such notes at the time or times contemplated, as 15,451
provided in such resolution. Subject to the provisions of this 15,452
division, all references to obligations in this section apply to 15,453
such anticipation notes.
(2) Issue obligations to refund, including funding and 15,456
retirement of, obligations previously issued to pay costs of
facilities. Such obligations may be issued in amounts sufficient 15,457
for payment of the principal amount of the obligations to be so 15,458
refunded, any redemption premiums thereon, principal maturities 15,459
of any obligations maturing prior to the redemption of any other 15,460
obligations on a parity therewith to be so refunded, interest 15,461
accrued or to accrue to the maturity date or dates of redemption 15,462
of such obligations, and any expenses incurred or to be incurred 15,463
in connection with such refunding or the issuance of the 15,464
obligations. 15,465
346
(L) Obligations are lawful investments for banks, 15,468
societies for savings, savings and loan associations, deposit 15,469
guarantee associations, trust companies, trustees, fiduciaries, 15,470
insurance companies, including domestic for life and domestic not 15,471
for life, trustees or other officers having charge of sinking and 15,472
bond retirement or other special funds of political subdivisions 15,473
and taxing districts of this state, the commissioners of the 15,474
sinking fund, the administrator of workers' compensation in 15,475
accordance with the investment policy established by the workers' 15,476
compensation oversight commission pursuant to section 4121.12 of 15,477
the Revised Code, the state teachers retirement system, the
public employees retirement system, the public school employees 15,478
retirement system, and the OHIO police and firemen's disability 15,480
and FIRE pension fund, notwithstanding any other provisions of 15,481
the Revised Code or rules adopted pursuant thereto by any state 15,482
agency with respect to investments by them, and are also 15,483
acceptable as security for the deposit of public moneys. 15,484
(M) All facilities purchased, acquired, constructed, or 15,486
owned by an institution of higher education, or financed in whole 15,487
or in part by obligations issued by an institution, and used for 15,488
the purposes of the institution or other publicly owned and 15,489
controlled college or university, is public property used 15,490
exclusively for a public purpose, and such property and the 15,491
income therefrom is exempt from all taxation and assessment 15,492
within this state, including ad valorem and excise taxes. The 15,493
obligations, the transfer thereof, and the income therefrom, 15,494
including any profit made on the sale thereof, are at all times 15,495
free from taxation within the state. The transfer of tangible 15,496
personal property by lease under authority of this section or 15,497
section 3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or 15,498
3358.10 of the Revised Code is not a sale as used in Chapter 15,499
5739. of the Revised Code. 15,500
(N) The authority granted by this section is cumulative 15,502
with the authority granted to institutions of higher education 15,504
347
under Chapter 154. of the Revised Code, and nothing in this 15,505
section impairs or limits the authority granted by Chapter 154. 15,506
of the Revised Code. In any lease, agreement, or commitment made 15,508
by an institution of higher education under Chapter 154. of the 15,509
Revised Code, it may agree to restrict or subordinate any pledge 15,510
it may thereafter make under authority of this section. 15,511
(O) Title to lands acquired under this section and 15,513
sections 3345.07 and 3345.11 of the Revised Code by a state 15,514
university or college shall be taken in the name of the state. 15,515
(P) Except where costs of facilities are to be paid in 15,517
whole or in part from funds appropriated by the general assembly, 15,518
section 125.81 of the Revised Code and the requirement for 15,519
certification with respect thereto under section 153.04 of the 15,520
Revised Code do not apply to such facilities. 15,521
(Q) A state university or college may sell or lease lands 15,524
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 15,525
section 3345.07 or 3345.11 of the Revised Code, to permit the 15,526
purchasers or lessees thereof to acquire, construct, equip, 15,528
furnish, reconstruct, alter, enlarge, remodel, renovate, 15,529
rehabilitate, improve, maintain, repair, or maintain and operate 15,530
thereon and to provide by lease or otherwise to such institution, 15,531
facilities authorized in section 3345.07 or 3345.11 of the 15,532
Revised Code. Such land or interests therein shall be sold for 15,533
such appraised value, or leased, and on such terms as the board 15,535
of trustees determines. All deeds or other instruments relating 15,536
to such sales or leases shall be executed by such officer of the 15,537
state university or college as the board of trustees designates. 15,538
The state university or college shall hold, invest, or use the 15,539
proceeds of such sales or leases for the same purposes for which 15,540
proceeds of borrowings may be used under sections 3345.07 and 15,541
3345.11 of the Revised Code.
(R) An institution of higher education may pledge 15,543
available receipts, to the extent permitted by division (C) of 15,545
348
this section with respect to obligations, to secure the payments 15,546
to be made by it under any lease, lease with option to purchase, 15,547
or lease-purchase agreement authorized under this section or 15,548
section 3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or
3358.10 of the Revised Code. 15,549
Sec. 3366.04. (A) The issuing authority may issue 15,559
obligations under this section to provide money to make proceeds 15,560
loans to the designated nonprofit corporation for the purpose of 15,561
acquiring education loans, or needed for capitalized interest, 15,562
for funding reserves, and for paying costs and expenses incurred 15,563
in connection with the issuance, carrying, securing, paying, 15,564
redeeming, or retirement of the obligations or any obligations 15,565
refunded thereby, including payment of costs and expenses 15,566
relating to letters of credit, lines of credit, insurance, put 15,567
agreements, standby purchase agreements, indexing, marketing, 15,568
remarketing and administrative arrangements, interest swap or 15,569
hedging agreements, and any other credit enhancement facility as 15,570
defined in division (H) of section 133.01 of the Revised Code, 15,571
liquidity, remarketing, renewal, or refunding arrangements, all 15,572
of which are authorized by this section. The proceeds thereof 15,573
shall, as provided in the bond proceedings, be loaned, or 15,574
otherwise made available as a proceeds loan, to the designated 15,575
nonprofit corporation. The issuing authority may appoint 15,576
trustees, paying agents, and transfer agents and may retain the 15,577
services of financial advisors, accounting experts, and 15,578
attorneys, and retain or contract for the services of marketing, 15,579
remarketing, indexing, and administrative agents, other 15,580
consultants, and independent contractors, including printing 15,581
services, as are necessary to carry out the provisions of this 15,582
section. The costs of such services are allowable costs payable 15,583
from the proceeds of such obligations. 15,584
(B) The holders or owners of obligations shall have no 15,587
right to have taxes levied by the general assembly, or any moneys 15,588
other than pledged receipts obligated or pledged, and any moneys 15,589
349
other than pledged receipts shall not be obligated or pledged, 15,590
for the payment of bond service charges. The obligations are not 15,591
debts of the state, bond service charges are payable solely from 15,592
the revenues and funds pledged as pledged receipts for their 15,593
payment, and the right of such holders and owners to payment of 15,594
bond service charges is limited to pledged receipts as provided 15,595
in the bond proceedings, and each such obligation shall bear on 15,596
its face a statement to that effect. No money, including money 15,597
from the general revenue fund, shall be appropriated, obligated, 15,598
or used to pay bond service charges or the costs incurred in the 15,599
administration of this chapter, other than pledged receipts. 15,600
(C) Obligations shall be authorized by order of the 15,603
issuing authority at the request of the designated nonprofit
corporation and with the approval of the director of development, 15,604
and the bond proceedings shall provide for the purpose thereof 15,605
and the principal amount or amounts, and shall provide for or 15,606
authorize the manner for determining the principal maturity or 15,607
maturities, the interest rate or rates or the maximum interest 15,608
rate, the date of the obligations and the dates of payment of 15,609
interest thereon, their denomination, and the establishment 15,610
within or outside this state of a place or places of payment of 15,611
bond service charges. Sections 9.98 to 9.983 of the Revised Code 15,613
apply to obligations issued under this section. The purpose of 15,614
such obligations may be stated in the bond proceedings in terms 15,615
describing the general purpose to be served. The bond 15,616
proceedings shall also provide, subject to the provisions of any 15,617
other applicable bond proceedings, for the pledge of, and the 15,618
granting of a security interest in, all, or such part as the 15,619
issuing authority may determine, of the pledged receipts to the 15,620
payment of bond service charges, which pledge may be made and 15,621
security interest granted, subject to the provisions of any 15,622
applicable prior bond proceedings, either prior to or on a parity 15,623
with or subordinate to other expenses, claims, or payments, and 15,624
may be made or granted to secure obligations senior or 15,625
350
subordinate to, or on a parity with, obligations theretofore or 15,626
thereafter issued, if and to the extent provided in the bond
proceedings. The pledged receipts so pledged or subject to a 15,627
security interest and thereafter received by the issuing 15,628
authority or the designated nonprofit corporation on behalf of 15,629
the issuing authority or otherwise received are immediately 15,630
subject to such pledge and security interest without any physical 15,632
delivery thereof or further act, and such pledge and security 15,633
interest are valid, binding, and enforceable against all parties 15,634
having claims of any kind against the state or any governmental 15,635
agency, or against the designated nonprofit corporation, whether 15,636
or not such parties have notice thereof, and shall create a 15,637
perfected security interest for all purposes of Chapter 1309. of 15,638
the Revised Code, without the necessity for separation or 15,640
delivery or possession of the pledged receipts, or for the filing 15,641
or recording of the bond proceedings by which such pledge and 15,642
security interest are created or any certificate, statement, or 15,643
other document with respect thereto; and the pledge of such 15,644
pledged receipts and the security interest are effective and the 15,645
money therefrom and thereof may be applied to the purposes for 15,646
which pledged without necessity for any act of appropriation. 15,647
Every pledge made and security interest granted, and every 15,648
covenant and agreement made with respect thereto in the bond 15,649
proceedings may therein be extended to the benefit of the owners 15,650
and holders of obligations authorized by this section, and to any 15,651
trustee therefor, for the further security of the payment of the 15,652
bond service charges.
(D) The bond proceedings may contain additional provisions 15,655
as to:
(1) The redemption of obligations prior to maturity at 15,657
such price or prices and under such terms and conditions as are 15,658
provided in the bond proceedings; 15,659
(2) Other terms of the obligations; 15,661
(3) Limitations on the issuance of additional obligations; 15,664
351
(4) The terms of any trust agreement or indenture securing 15,667
the obligations or under which the same may be issued;
(5) The investment of the proceeds of obligations and 15,669
amounts on deposit in the special funds; 15,670
(6) Any or every provision of the bond proceedings being 15,673
binding upon such officer, board, commission, authority, agency, 15,674
department, or other person or body as may from time to time have 15,675
the authority under law to take such actions as may be necessary 15,676
to perform all or any part of the duty required by such
provision; 15,677
(7) Any provision that may be made in a trust agreement or 15,680
indenture;
(8) Provisions for the use of the proceeds of repayment of 15,683
education loans to acquire additional education loans;
(9) Any other or additional agreements with the holders of 15,686
the obligations, the trustee therefor, or the designated
nonprofit corporation, relating to the obligations or the 15,687
security therefor, including the assignment of security obtained 15,688
or to be obtained for education loans. 15,689
(E) The obligations and any coupons pertaining to 15,692
obligations shall be in the form specified in the bond
proceedings and shall be signed by or bear the facsimile 15,693
signature of the issuing authority. Any obligations or coupons 15,694
may be executed by the person who, on the date of execution, is 15,695
the proper issuing authority although on the date of such bonds 15,696
or coupons such person was not the issuing authority. In case 15,697
the issuing authority whose signature or a facsimile of whose 15,698
signature appears on any such obligation or coupon ceases to be 15,699
the issuing authority before delivery thereof, such signature or 15,700
facsimile is nevertheless valid and sufficient for all purposes 15,701
as if that official had remained the issuing authority until such 15,702
delivery. 15,703
(F) All obligations are negotiable instruments and 15,706
securities under Chapter 1308. of the Revised Code, subject to 15,707
352
the provisions of the bond proceedings as to registration. The 15,708
obligations may be issued in coupon or in registered form, or 15,709
both, as the issuing authority determines. Provision may be 15,710
made for the registration of any obligations with coupons 15,711
attached thereto as to principal alone or as to both principal 15,712
and interest, their exchange for obligations so registered, and 15,713
for the conversion or reconversion into obligations with coupons 15,714
attached thereto of any obligations registered as to both 15,715
principal and interest, and for reasonable charges for such 15,716
registration, exchange, conversion, and reconversion. 15,717
(G) Obligations may be sold at public sale or at private 15,720
sale, as determined by the issuing authority in the bond 15,721
proceedings.
(H) Pending preparation of definitive obligations, the 15,724
issuing authority may issue interim receipts or certificates 15,725
which shall be exchanged for such definitive obligations. 15,726
(I) In the discretion of the issuing authority, 15,728
obligations may be secured additionally by a trust agreement or 15,729
indenture between the issuing authority and a corporate trustee 15,730
and, if so provided for in the bond proceedings, any other 15,731
necessary or appropriate party. Any such trustee shall be a 15,732
trust company, bank, or national banking association authorized 15,733
to exercise trust powers within the state. Any such agreement or 15,734
indenture may contain the order authorizing the issuance of the 15,735
obligations, any provisions that may be contained in any bond 15,736
proceedings, and other provisions which are customary or 15,737
appropriate in an agreement or indenture of such type, including, 15,738
but not limited to: 15,739
(1) Maintenance of each pledge, security interest, and 15,741
trust agreement, indenture, or other instrument comprising part 15,742
of the bond proceedings until the bond service charges on the 15,743
obligations secured thereby have been fully paid, or provision 15,744
therefor has been made in accordance with the bond proceedings; 15,745
(2) In the event of default in any payments required to be 15,748
353
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the 15,749
obligations were issued, enforcement of such payments or 15,750
agreement by mandamus, the appointment of a receiver, suit in 15,751
equity, action at law, or any combination of the foregoing; 15,752
(3) The rights and remedies of the holders of obligations 15,755
and of the trustee, and provisions for protecting and enforcing 15,756
them, including limitations on rights of individual holders of 15,757
obligations;
(4) The replacement of any obligations that become 15,759
mutilated or are destroyed, lost, or stolen; 15,760
(5) Such other provisions as the trustee and the issuing 15,763
authority agree upon, including limitations, conditions, or 15,764
qualifications relating to the education loans that may be made 15,765
or acquired pursuant to the trust agreement or indenture.
(J) Any holder of obligations or a trustee under the bond 15,768
proceedings, except to the extent that rights are restricted by 15,769
the bond proceedings, may by any suitable form of legal 15,770
proceedings, protect and enforce any rights under the laws of 15,771
this state or granted by such bond proceedings. Such rights
include the right to compel the performance of all duties of the 15,772
issuing authority or the director of development required by this 15,773
chapter or the bond proceedings; to enjoin unlawful activities; 15,774
and, in the event of default with respect to the payment of any 15,775
bond service charges on any obligations or in the performance of 15,776
any covenant or agreement on the part of the issuing authority or 15,777
the director of development in the bond proceedings, to apply to 15,778
a court having jurisdiction to appoint a receiver to receive and 15,779
administer the pledged receipts pledged to the payment of the 15,780
bond service charges on such obligations or which are the subject 15,781
of the covenant or agreement, with full power to pay and to 15,782
provide for payment of bond service charges on such obligations 15,783
and with such powers, subject to the direction of the court, as 15,784
are accorded receivers in general equity cases, excluding any 15,785
354
power to pledge revenues or receipts or other income or moneys, 15,786
other than pledged receipts, and excluding any power to take 15,787
possession of, or cause the sale or otherwise dispose of, any 15,788
property other than the pledged receipts. 15,789
Each duty of the issuing authority, of each governmental 15,791
agency including the director of development, of the designated 15,792
nonprofit corporation, and of any of the officers, members, or 15,793
employees of any of the foregoing, undertaken pursuant to the 15,794
bond proceedings or any agreement made under authority of this 15,795
chapter, and each duty in every agreement by or with the issuing 15,796
authority under this chapter, each governmental agency including 15,797
the director of development, and the designated nonprofit 15,798
corporation, is hereby established as a duty of the issuing 15,799
authority, the governmental agency, or the designated nonprofit 15,800
corporation, respectively, and of each such officer, member, or 15,801
employee having authority to perform such duty, specifically 15,802
enjoined by the law resulting from an office, trust, or station 15,803
within the meaning of section 2731.01 of the Revised Code. 15,805
The person who is at the time the issuing authority or the 15,808
director of development, or the officers or employees of either 15,809
of them, are not liable in their personal capacities on any 15,810
obligations or any agreements of or with the issuing authority or 15,811
the director of development.
(K) The issuing authority may issue obligations for the 15,814
refunding, including funding and retirement, and advance
refunding with or without payment or redemption prior to 15,815
maturity, of any obligations previously issued. Such obligations 15,816
may be issued in amounts sufficient for payment of the principal 15,817
amount of the prior obligations, any redemption premiums thereon, 15,818
principal maturities of any such obligations maturing prior to 15,819
the redemption of the remaining obligations on a parity 15,820
therewith, interest accrued or to accrue to the maturity dates or 15,821
dates of redemption of such obligations, and expenses incurred or 15,822
to be incurred in connection with such issuance and such 15,823
355
refunding, funding, and retirement. Subject to the bond 15,824
proceedings therefor, the portion of proceeds of the sale of 15,825
obligations issued under this division to be applied to bond 15,826
service charges on the prior obligations shall be credited to an 15,827
appropriate account held by the trustee for such prior or new 15,828
obligations or to the appropriate account in the bond service 15,829
fund for such obligations. Obligations authorized under this 15,830
division shall be deemed to be issued for those purposes for 15,831
which such prior obligations were issued and are subject to the 15,832
provisions of this section pertaining to other obligations, 15,833
except as otherwise provided in this section. 15,834
(L) The authority to issue obligations under this section 15,837
includes authority to issue obligations in the form of bond 15,838
anticipation notes and to renew the same from time to time by the 15,839
issuance of new notes. The holders of such notes or interest 15,840
coupons pertaining thereto shall have a right to be paid solely 15,841
from the pledged receipts and special funds that may be pledged 15,842
to the payment of the bonds anticipated, or from the proceeds of 15,843
such anticipated bonds or renewal notes, or both, as the issuing 15,844
authority provides in the order authorizing such notes. Such 15,845
notes may be additionally secured by covenants of the issuing 15,846
authority and the director of development to the effect that the 15,847
issuing authority and the director of development will do such or 15,848
all things necessary for the issuance of such bonds or renewal 15,849
notes in appropriate amounts, and apply the proceeds thereof to 15,850
the extent necessary, to make full payment of the principal of 15,851
and interest on such notes at the time or times contemplated, as 15,852
provided in such order. For such purpose, the issuing authority 15,853
shall issue bonds or renewal notes in such principal amount and 15,854
upon such terms as may be necessary to provide funds to pay, when 15,855
required, the principal of and interest and any premium on such 15,857
notes. Subject to this division, all provisions for and 15,858
references to obligations in this section are applicable to notes 15,859
authorized under this division.
356
The issuing authority in the bond proceedings authorizing 15,862
the issuance of bond anticipation notes shall set forth for such 15,863
bonds an estimated interest rate and a schedule of principal 15,864
payments for such bonds and the annual maturity dates thereof, 15,865
but this provision does not modify any authority in this section 15,866
to pledge receipts to, to grant a security interest in those 15,867
receipts for the purpose of securing, and to covenant to issue 15,868
bonds to fund, the payment of principal of and interest and any 15,869
premium on such notes, or to provide in the bond proceedings
authorizing the issuance of the anticipated bonds interest rates 15,870
and a schedule of principal payments for such bonds and the 15,871
annual maturity dates thereof which differ from the estimates in 15,872
the bond proceedings authorizing the issuance of such bond 15,873
anticipation notes. 15,874
(M) Obligations issued under this section are lawful 15,877
investments for banks; savings banks; savings and loan
associations; credit union share guarantee corporations; trust 15,879
companies; trustees; fiduciaries; insurance companies, including 15,880
domestic for life and domestic not for life; trustees or other 15,881
officers having charge of sinking and bond retirement or other 15,882
special funds of the state and of subdivisions and taxing 15,883
districts of the state; the commissioners of the sinking fund of 15,884
the state; the administrator of workers' compensation, subject to 15,885
the approval of the workers' compensation board; the state 15,886
teachers retirement system; the public employees retirement 15,887
system; the school employees retirement system; and the OHIO 15,888
police and firemen's disability and FIRE pension fund, 15,890
notwithstanding any other provisions of the Revised Code or rules 15,892
adopted pursuant to those provisions by any agency of the state 15,894
with respect to investments by them, and are also eligible as 15,895
security for the repayment of the deposit of public moneys. 15,896
(N) Provision may be made in the applicable bond 15,899
proceedings for the establishment of separate accounts in the 15,900
bond service fund and for the application of such accounts only 15,901
357
to the specified bond service charges on obligations pertinent to 15,902
such accounts and bond service fund and for other accounts 15,903
therein within the general purposes of such fund. Unless 15,904
otherwise provided in any applicable bond proceedings, moneys to 15,905
the credit of or in the several special funds established 15,906
pursuant to this section shall be invested and disbursed as 15,907
provided in the bond proceedings.
(O) The issuing authority shall pledge and grant a 15,910
security interest in all, or such portion as the issuing
authority determines, of the pledged receipts to the payment of 15,911
bond service charges on obligations, and for the establishment 15,912
and maintenance of any reserves, as provided in the bond 15,913
proceedings, and make other provisions therein with respect to 15,914
pledged receipts as authorized by this chapter, which provisions 15,915
are controlling notwithstanding any other provisions of law 15,916
pertaining thereto. 15,917
(P) The obligations, the transfer thereof, and the 15,920
interest, accreted amount, and other income therefrom, including 15,921
any profit made on the sale thereof, shall at all times be free 15,922
from taxation, direct or indirect, within this state.
Sec. 3377.11. Bonds issued under this chapter are lawful 15,931
investments of banks, societies for savings, savings and loan 15,932
associations, deposit guarantee associations, trust companies, 15,933
trustees, fiduciaries, insurance companies, including domestic 15,934
for life and domestic not for life, trustees or other officers 15,935
having charge of sinking and bond retirement or other special
funds of political subdivisions and taxing districts of this 15,936
state, the commissioners of the sinking fund of the state, the 15,937
administrator of workers' compensation, the state teachers 15,938
retirement system, the public employees retirement system, the 15,939
school employees retirement system, and the OHIO police and 15,940
firemen's disability and FIRE pension fund and also are 15,942
acceptable as security for the deposit of public moneys. 15,944
Sec. 3706.14. All air quality revenue bonds issued under 15,953
358
this chapter are lawful investments of banks, societies for 15,954
savings, savings and loan associations, deposit guarantee 15,955
associations, trust companies, trustees, fiduciaries, insurance 15,956
companies, including domestic for life and domestic not for life, 15,957
trustees or other officers having charge of sinking and bond
retirement or other special funds of political subdivisions and 15,958
taxing districts of this state, the commissioners of the sinking 15,959
fund of the state, the administrator of workers' compensation, 15,960
the state teachers retirement system, the public employees 15,961
retirement system, the school employees retirement system, and 15,962
the OHIO police and firemen's disability and FIRE pension fund, 15,963
and are acceptable as security for the deposit of public moneys. 15,964
Sec. 3729.01. As used in this chapter: 15,973
(A) "Ambulatory care facility" means a facility that 15,975
provides medical, diagnostic, or surgical treatment to patients 15,976
who do not require hospitalization, including a dialysis center, 15,977
ambulatory surgical facility, cardiac catheterization facility, 15,978
diagnostic imaging center, extracorporeal shock wave lithotripsy 15,979
center, home health agency, inpatient hospice, birthing center, 15,980
radiation therapy center, emergency facility, and an urgent care 15,981
center. "Ambulatory health care facility" does not include the 15,982
private office of a physician or dentist, whether the office is 15,983
for an individual or group practice. 15,984
(B) "Beneficiary" and "third-party payer" have the same 15,986
meanings as in section 3901.38 of the Revised Code. 15,987
(C) "Disability assistance medical assistance program" 15,989
means the disability assistance medical assistance program 15,990
established under Chapter 5115. of the Revised Code. 15,991
(D) "Emergency facility" means a hospital emergency 15,993
department or any other facility that provides emergency medical 15,994
services. 15,995
(E) "Global fee" means the collective cost of professional 15,997
fees, outpatient or inpatient billings, pharmaceutical products, 15,998
and other medical or surgical products required to ensure 15,999
359
satisfactory outcomes for a given diagnosis. 16,000
(F) "Health care practitioner" has the same meaning as in 16,002
section 4769.01 of the Revised Code. 16,003
(G) "Health care provider" means a hospital, ambulatory 16,005
care facility, long-term care facility, pharmacy, emergency 16,006
facility, or health care practitioner. 16,007
(H) "Hospital" has the same meaning as in section 3727.01 16,009
of the Revised Code. 16,010
(I) "Long-term care facility" means any of the following: 16,012
(1) A nursing home, residential care facility, or home for 16,015
the aging, all as defined in section 3721.01 of the Revised Code; 16,016
(2) An adult care facility, as defined in section 3722.01 16,018
of the Revised Code; 16,019
(3) A nursing facility, as defined in section 5111.20 of 16,021
the Revised Code; 16,022
(4) An intermediate care facility for the mentally 16,024
retarded, as defined in section 5111.20 of the Revised Code; 16,025
(5) A facility or portion of a facility certified as a 16,027
skilled nursing facility under Title XVIII of the "Social 16,028
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. 16,029
(J) "Medical assistance program" means the program 16,031
established under Chapter 5111. of the Revised Code and Title XIX 16,032
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 16,033
301, as amended. 16,034
(K) "Medicare" means the program established under Title 16,036
XVIII of the "Social Security Act." 16,037
(L) "Pharmacy" has the same meaning as in section 4729.01 16,040
of the Revised Code. 16,041
(M) "Physician" means an individual authorized under 16,044
Chapter 4731. of the Revised Code to practice medicine and 16,045
surgery, osteopathic medicine and surgery, or podiatry. 16,046
(N) "Price" means the actual payment for health care 16,048
services or supplies by a patient or third-party payer. 16,049
(O)(1) "Public health care program" means any program of 16,051
360
health care benefits that is provided by the state or a political 16,052
subdivision of this state, including all of the following: 16,053
(a) The program for medically handicapped children 16,055
established under sections 3701.021 to 3701.028 of the Revised 16,056
Code; 16,057
(b) The medical assistance program; 16,059
(c) The disability assistance medical assistance program; 16,062
(d) Health care benefits administered by the bureau of 16,064
workers' compensation; 16,065
(e) Mental health services certified by the department of 16,067
mental health and provided in whole or in part under contract 16,068
with a community mental health board, or a board of alcohol, drug 16,069
addiction, and mental health services; 16,070
(f) Health care services administered by the department of 16,072
alcohol and drug addiction services or a board of alcohol, drug 16,073
addiction, and mental health services; 16,074
(g) Health care services administered by the department of 16,076
mental retardation and developmental disabilities or a county 16,077
board of mental retardation and developmental disabilities; 16,078
(h) Health care services administered by the 16,080
rehabilitation services commission; 16,081
(i) Health care services administered by the department of 16,083
rehabilitation and correction; 16,084
(j) Health care services administered by the department of 16,086
youth services. 16,087
(2) "Public health care program" does not mean health care 16,089
coverage provided to public employees or health care benefits 16,090
provided to persons receiving a pension, annuity, allowance, or 16,091
benefit from the public employees retirement system, the school 16,092
employees retirement system, the state teachers retirement 16,093
system, the OHIO police and firemen's disability and FIRE pension 16,095
fund, or the state highway patrol retirement system. 16,096
Sec. 3737.947. All revenue bonds issued under sections 16,105
3737.90 to 3737.948 of the Revised Code are lawful investments of 16,106
361
banks, societies for savings, savings and loan associations, 16,107
trust companies, trustees, fiduciaries, insurance companies, 16,108
including domestic for life and domestic not for life, trustees 16,109
or other officers having charge of sinking and bond retirement or
other special funds of political subdivisions and taxing 16,110
districts of this state, the commissioners of the sinking fund of 16,111
the state, the administrator of workers' compensation, the state 16,112
teachers retirement system, the public employees retirement 16,113
system, the school employees retirement system, and the OHIO 16,114
police and firemen's disability and FIRE pension fund, and are 16,115
acceptable as security for the deposit of public moneys. 16,116
Sec. 4582.44. Bonds of a port authority and port authority 16,125
revenue bonds issued pursuant to sections 4582.22 to 4582.59 of 16,126
the Revised Code, are lawful investments of banks, societies for 16,127
savings, trust companies, savings and loan associations, deposit 16,128
guaranty associations, trustees, fiduciaries, trustees or other 16,129
officers having charge of the bond retirement funds or sinking 16,130
funds of port authorities and political subdivisions, and taxing 16,131
districts of this state, the commissioners of the sinking fund of 16,132
this state, of the administrator of workers' compensation, the 16,134
state teachers retirement system, the school employees retirement 16,135
system, the public employees retirement system, the OHIO police 16,137
and firemen's disability and FIRE pension fund, and insurance 16,138
companies, including domestic life insurance companies and 16,140
domestic insurance companies other than life, and are acceptable 16,141
as security for the deposit of public moneys. 16,142
Sec. 4981.15. (A) The Ohio rail development commission, 16,151
from time to time, may issue bonds in such principal amounts as 16,152
the commission finds necessary to finance one or more rail 16,153
service projects. Sections 9.98 to 9.983 of the Revised Code are 16,154
hereby made applicable in their entirety to any bonds authorized 16,155
to be issued under this chapter except as otherwise provided 16,156
herein. 16,157
(B) The commission, from time to time, may issue renewal 16,159
362
bonds, issue bonds to pay such obligations and, whenever it 16,160
considers refunding expedient, refund any bonds by the issuance 16,161
of bonds by the authority granted by this chapter. Except as may 16,163
otherwise be expressly provided in this chapter or by the
commission, every issue of its bonds or notes is an obligation of 16,164
the commission payable out of the revenues and reserves created 16,165
for such purposes by the commission, which are expressly pledged 16,166
for such payment, without preference or priority of the first 16,167
bonds issued, subject only to any agreements with the holders of 16,168
particular bonds or notes pledging any particular revenues. Such 16,169
pledge shall be valid and binding from the time the pledge is 16,170
made and the revenues so pledged and thereafter received by the 16,171
commission immediately shall be subject to the lien of such 16,172
pledge without any physical delivery thereof or further act and 16,173
the lien of any such pledge shall be valid and binding as against 16,174
all parties having claims of any kind, in tort, contract, or 16,175
otherwise, against the commission irrespective of whether such 16,176
parties have notice thereof. 16,177
(C) All such bonds shall have and are hereby declared to 16,179
have all the qualities of negotiable instruments. The bonds 16,180
shall be authorized by resolution of the commission, shall bear 16,181
such date and shall mature at such time, in case of any such note 16,182
or any renewal thereof not exceeding five years from the date of 16,183
issue of such original note, and in the case of any such bond not 16,184
exceeding fifty years from the date of issue, as such resolution 16,185
may provide. The bonds and notes shall bear interest at such 16,186
rate or rates, including variable rates, be in such 16,187
denominations, be in such form, either coupon or registered, 16,188
carry such registration privileges, be payable in such medium of 16,189
payment, in such place, and be subject to such terms of 16,190
redemption as otherwise set forth in this chapter as the 16,191
commission may authorize. The bonds of the commission may be 16,192
sold by the commission at public or private sale, at or not less 16,193
than the price the commission determines. The bonds shall be 16,194
363
executed by a voting member of the commission, selected by the 16,195
commission and approved by the speaker of the house of 16,196
representatives and the president of the senate, who may use a 16,197
facsimile signature. The official seal of the commission, or a 16,198
facsimile, shall be affixed thereto or printed thereon and 16,199
attested, manually, or by facsimile signature, by the 16,200
secretary-treasurer of the commission. Coupons, if any, attached 16,201
thereto shall bear the signature or facsimile signature of the 16,202
chairperson of the commission. In case any officer whose 16,204
signature, or a facsimile of whose signature appears on any 16,205
bonds, notes, or coupons ceases to be such officer before 16,206
delivery of such bonds or notes, such signature or facsimile is 16,207
nevertheless sufficient for all purposes the same as if the 16,208
officer had remained in office until such delivery. In case the 16,209
seal of the commission changes after a facsimile is imprinted on 16,210
such bonds or notes, such facsimile continues to be sufficient
for all purposes. 16,211
(D) Any resolution authorizing any bonds or any issue 16,213
thereof may contain provisions, subject to such agreements with 16,214
bondholders or noteholders as may then exist, which provisions 16,215
shall be a part of the contract with the holders thereof, as to 16,216
pledging all or any part of the revenues of the commission to 16,217
secure the payment of the bonds of any issue thereof; the issue 16,218
and disposition of revenues of the commission; the setting aside 16,219
of reserve funds, sinking funds, or replacement and improvement 16,220
funds and the regulation and disposition thereof; the crediting 16,221
of the proceeds of the sale of bonds to and among the funds 16,222
referred to and provided for in the resolution authorizing the 16,223
issuance of the bonds; providing for the pledge or use of the 16,224
rail development fund created by section 4981.09 of the Revised 16,225
Code; the use, lease, sale, or other disposition of any assets of 16,227
the commission; limitations on the purpose to which the proceeds 16,228
of the sale of bonds may be applied; the agreement of the 16,229
commission to do all things necessary for the authorization, 16,230
364
issuance, and sale of such bonds which may be issued in such 16,231
amounts as may be necessary for the timely retirement of such 16,232
bonds; limitation on the issuance of additional bonds which may 16,233
be issued and secured; the refunding of outstanding bonds; the 16,234
procedure, if any, by which the terms of any contract with 16,235
bondholders or noteholders may be amended or abrogated; the 16,236
amount of bonds the holders of which must consent may be given; 16,237
limitations on the amount of moneys to be expended by the 16,238
commission for operating, administrative, or other expenses of 16,239
the commission securing any bonds by a trust agreement; and any
other matter, of like or different character, which in any way 16,240
affects the security or protection of the bonds. 16,241
(E) In connection with each such issuance of bonds, the 16,243
commission shall establish in its name an improvement fund or 16,244
funds in the name of the rail service project or projects for 16,245
which the permitted loan or expenditure is to be made. The 16,246
proceeds of each issue of bonds, except for any portion thereof 16,247
required under the bond proceedings to be deposited in a bond 16,248
service fund, bond service reserve fund, or other special fund 16,249
established pursuant to the bond proceedings for such issue of 16,250
bonds, shall be deposited in the designated fund, and together 16,251
with any investment income thereof, shall be held in trust and 16,252
applied solely to permitted bond purposes and in accordance with 16,253
such bond proceedings. 16,254
(F) The right of holders of bonds issued by the commission 16,256
to payment of debt service on such bonds shall be limited to the 16,257
pledged receipts and special funds pledged thereto pursuant to 16,258
the bond proceedings and any moneys available for such payment 16,259
under any credit facility issued with respect to such bonds. The 16,260
holders of such bonds shall have no right to have moneys raised 16,261
by ad valorem taxation obligated or pledged, and moneys raised by 16,262
ad valorem taxation shall not be obligated or pledged for the 16,263
payment of debt service on bonds issued by the commission, except 16,264
to the extent, if any, that the general assembly or legislative 16,265
365
authority of qualifying subdivisions and local or regional 16,266
transportation authorities that borrows moneys derived from the 16,267
proceeds of such bonds pledge any moneys they raise by ad valorem 16,268
taxation to the repayment of such borrowings and the moneys so 16,269
raised and paid to the commission are obligated or pledged to the 16,270
payment of debt service on the bonds pursuant to the bond 16,271
proceedings. 16,272
(G) The bond proceedings adopted by the commission 16,274
authorizing the issuance of bonds shall provide for the general 16,275
purpose thereof and shall specify, or shall authorize one or more 16,276
officers of the board of directors to determine, subject to 16,277
limitations set forth in the bond proceedings: the aggregate 16,278
principal amount of the bonds; the form and manner of execution 16,279
and authentication of the bonds; the principal maturity or 16,280
maturities; whether the bonds are to bear interest at a fixed 16,281
rate or rates or under a floating rate interest structure; if a 16,282
fixed rate or fixed rates of interest are to be borne by the 16,283
bonds, the interest rate or rates: if the bonds are to bear 16,284
interest under a floating rate interest structure, the manner in 16,285
which the floating rate is to be determined for each 16,286
interest-rate period, the length of each interest-rate period, 16,287
and the extent to which and manner in which the interest-rate 16,288
period may be changed from time to time; the put arrangement or 16,289
arrangements, if any, to be available to holders of the bonds; 16,290
and the paying agents, remarketing agents, indexing agents, or 16,291
other agents, if any, to be engaged in connection with the 16,292
issuance of the bonds. The bond proceedings, either expressly or 16,294
by reference to other bond proceedings thereby approved or 16,295
otherwise applicable, also shall specify: the pledged receipts
and the special fund or funds to be pledged to secure the payment 16,296
of the debt service on the bonds; whether the pledged receipts 16,297
are pledged on a basis prior or subordinate to other expenses, 16,298
claims, or payments and whether other bonds have been or may be 16,299
issued by the commission secured by the pledged receipts on a 16,300
366
basis prior to or on a parity with the bonds; the credit facility 16,301
or facilities, if any, to be obtained with respect to the bonds; 16,302
and the rights and remedies that may be exercised by the holders 16,303
of the bonds or by a trustee on their behalf upon the occurrence 16,304
of an event constituting an event of default under the bond 16,305
proceedings, which rights and remedies shall include, except to 16,306
the extent restricted by the bond proceedings, any rights and 16,307
remedies available under the laws of the state for the 16,308
enforcement of the payments required under and any other 16,309
agreements made in, the bond proceedings. The bond proceedings, 16,310
either expressly or by reference to other bond proceedings 16,312
thereby approved or otherwise applicable, also may provide for: 16,313
the mandatory or optional redemption of the bonds prior to their 16,314
stated maturity; limitations on the issuance of additional bonds 16,315
by the commission; the investment of moneys in the improvement 16,316
fund and any special funds, without regard to Chapter 131. or 16,317
135. of the Revised Code, but subject to any provisions of 16,318
Chapter 4981. of the Revised Code, and the bond proceedings with 16,319
respect thereto; a maximum rate of interest that bonds with a 16,320
floating rate interest structure may bear, without regard to
section 9.95 of the Revised Code; any restrictions not 16,321
inconsistent with this chapter on the amount and terms of and 16,322
security for the repayment for loans made to qualifying 16,323
subdivisions, local or regional transportation authorities, or 16,324
other persons from the improvement fund; and any other term, 16,325
condition, or provision of or with respect to the bonds which may 16,326
be included in the bond proceedings. 16,327
(H) The revenues and any special funds pledged to the 16,329
payment of debt service on bonds pursuant to the bond proceedings 16,330
for such bonds and thereafter received by the commission or by an 16,331
agent on behalf of the commission are immediately subject to the 16,332
lien of such pledge without any physical delivery thereof or 16,333
further act. The lien of any such pledge is valid and binding 16,334
against all parties having claims of any kind against the 16,335
367
commission or against any person, qualifying subdivision, or 16,336
local or regional transportation authority or municipal 16,337
corporation that is an absolute obligor with respect to such 16,338
bonds, irrespective of whether such parties have notice thereof, 16,339
and shall create a perfected security interest for all purposes 16,340
of Chapter 1309. of the Revised Code, without the necessity for 16,341
separation or delivery of funds or for the filing or recording of 16,342
the bond proceedings by which such pledge is created, or any 16,343
certificate, statement, or other document with respect thereto; 16,344
and the pledge of such pledged receipts and special funds is 16,345
effective and the moneys therefrom and thereof may be applied to 16,346
the purposes for which pledged without necessity for any act of 16,347
appropriation. Every pledge, and every covenant and agreement 16,348
made in the bond proceedings with respect thereto, may therein be 16,349
extended to the benefit of the owners and holders of the bonds 16,350
authorized to be issued under this section and to any trustee or 16,351
paying agent for such owners and holders for further security of 16,352
the payment of the debt service on such bonds. 16,353
(I) Each duty of the commission and of its members, 16,355
directors, or officers and each duty of any other governmental 16,356
agency and its officials, members, or employees undertaken 16,357
pursuant to the bond proceedings or in any participation 16,358
agreement is hereby established as a duty of the commission or of 16,359
such qualifying subdivision or local or regional transportation 16,360
authority or governmental agency and of each such member, 16,361
officer, official, or employee having authority to perform such 16,362
duty, specifically enjoined by law resulting from an office, 16,363
trust, or station within the meaning of section 2731.01 of the 16,364
Revised Code. The persons who are at the time the members, 16,365
directors, officers, or employees of the commission are not 16,366
liable in their personal capacities on any bonds issued by the 16,368
commission or under any of the bond proceedings with respect 16,369
thereto.
(J) Bonds issued under this section are lawful investments 16,371
368
of banks, savings and loan associations, deposit guarantee 16,372
associations, trust companies, trustees, fiduciaries, insurance 16,373
companies, including domestic for life and domestic not for life, 16,374
trustees or other officers having charge of sinking and bond 16,375
retirement funds or other funds of the state and of political 16,376
subdivisions and taxing districts of the state, the commissioners 16,377
of the sinking fund of the state, the industrial commission, the 16,378
state teachers retirement system, the public employees retirement 16,379
system, the school employees retirement system, and the OHIO 16,380
police and firemen's disability and FIRE pension fund, 16,382
notwithstanding any other provisions of the Revised Code or rules 16,384
adopted by any state agency with respect to investments by them, 16,385
and are also acceptable as security for the deposit of public 16,386
moneys. For the purpose of causing bonds issued by the 16,387
commission to be eligible for investment of interim moneys of the 16,388
state or any subdivision of the state under section 135.14 of the 16,389
Revised Code, but solely for that purpose, bonds issued by the 16,390
commission shall be deemed to be bonds or other obligations of 16,391
this state for purposes of division (B)(4) of section 135.14 of 16,392
the Revised Code.
(K) The bonds issued by the commission, the transfer 16,394
thereof, and the income therefrom, including any profit made on 16,395
the sale thereof, shall at all times be free from taxation within 16,396
the state. 16,397
(L) Any bonds which recite that they are issued pursuant 16,399
to this section, which comply on their face with such section, 16,400
which are issued for one or more permitted bond purposes, and for 16,401
which the commission has been paid in full, shall in any action 16,402
or proceeding involving their validity be conclusively deemed to 16,403
have been issued, sold, executed, and delivered in conformity 16,404
with law and shall be incontestable unless such action or 16,405
proceeding is begun prior to the delivery of such bonds to the 16,406
original purchaser or purchasers thereof. 16,407
(M) In the event that the sum of all reserves pledged to 16,409
369
the payment of such bonds shall be less than the minimum reserve 16,410
requirements established in any resolution or resolutions 16,411
authorizing the issuance of such bonds, the chairperson of the 16,412
commission shall certify, on or before the first day of December 16,413
of each year, the amount of such deficiency to the governor for 16,414
inclusion, if the governor shall so elect, of the amount of such 16,415
deficiency in the budget to be submitted to the next session of 16,416
the general assembly for appropriation to the commission to be 16,417
pledged for payment of such bonds or notes. The general assembly 16,418
shall not be required to make any appropriations so requested, 16,419
and the amount of such deficiencies do not constitute a debt or 16,420
liability of the state. 16,421
(N) All property of the commission is exempt from levy and 16,423
sale by virtue of an execution and no execution or other judicial 16,424
process may issue against the property. A judgment against the 16,425
commission may not be a charge or lien upon its property. 16,426
However, nothing in this section applies to or limits the rights 16,427
of the holder of bonds or notes to pursue a remedy for the 16,428
enforcement of a pledge or lien given by the bank on its revenues 16,429
or other money. 16,430
(O) No action to contest the validity of any bonds of the 16,432
commission to be sold at public sale may be brought after the 16,433
fifteenth day following the first publication of notice of the 16,434
sale of the bonds. No action to contest the validity of any bond 16,435
sale under this chapter may be brought after the fifth day 16,436
following the bond sale. 16,437
(P) If bonds are sold at private sale, the commission may 16,439
publish notice of the execution of the contract of sale of the 16,440
bonds one time in a newspaper published and of general 16,441
circulation in the city of Columbus. If notice is published as 16,442
permitted in this division, no action to contest the validity of 16,443
such bonds or notes sold at private sale may be brought after the 16,444
fifteenth day following the publication of notice of the 16,445
execution of the contract of sale pertaining to the bonds. 16,446
370
(Q) If an action challenging the bonds of the commission 16,448
is not brought within the time prescribed by division (O) or (P) 16,449
of this section, whichever is applicable, all bonds of the 16,450
commission shall be conclusively presumed to be fully authorized 16,451
and issued under the laws of the state, and a person or a 16,452
qualified entity is estopped from questioning their 16,453
authorization, sale, issuance, execution, or delivery by the 16,454
commission.
(R) Insofar as the provisions of this section are 16,456
inconsistent with the provisions of any other law, general, 16,457
special, or local, the provisions of this chapter shall be 16,458
controlling. 16,459
Sec. 4981.19. All bonds issued under sections 4981.11 to 16,468
4981.26 of the Revised Code are lawful investments of banks, 16,469
societies for savings, savings and loan associations, deposit 16,470
guarantee associations, trust companies, trustees, fiduciaries, 16,471
insurance companies, including domestic for life and domestic not 16,472
for life, trustees or other officers having charge of sinking and 16,473
bond retirement or other special funds of political subdivisions 16,474
and taxing districts of this state, the commissioners of the 16,475
sinking fund of the state, the administrator of workers' 16,476
compensation, the state teachers retirement system, the public 16,478
employees retirement system, the school employees retirement 16,479
system, and the OHIO police and firemen's disability and FIRE 16,480
pension fund, notwithstanding any other provision of the Revised 16,481
Code or rules adopted pursuant thereto by any governmental agency 16,482
of the state with respect to investments by them, and are 16,483
acceptable as security for the deposit of public moneys. 16,484
Sec. 5505.161. On receipt of notice from the public 16,493
employees retirement system, OHIO police and firemen's disability 16,494
and FIRE pension fund, state teachers retirement system, or 16,496
school employees retirement system of the re-employment of a 16,497
retirant, the state highway patrol retirement system shall not
pay, or if paid shall recover, any amount to be forfeited by the 16,498
371
retirant in accordance with section 145.38, 742.26, 3307.381, or 16,499
3309.341 of the Revised Code.
Sec. 5505.201. A member of the state highway patrol 16,508
retirement system shall, in computing years of active service in 16,509
the highway patrol under sections 5505.16, 5505.17, and 5505.18 16,510
of the Revised Code, be given full credit for time served as a 16,511
police officer or firefighter covered under Chapter 742. and 16,513
former Chapters 521. and 541. of the Revised Code, provided such 16,514
member pays to the state highway patrol retirement system the 16,515
amount received by the member under division (I) of former 16,516
section 521.11, division (I) of former section 741.18, division 16,517
(I) of former section 741.49, or division (G) of section 742.37 16,518
of the Revised Code, with compound interest thereon at a rate to 16,519
be determined by the state highway patrol retirement board from 16,520
the date of such receipt to the date of such deposit. A member 16,521
may choose to purchase only part of such credit in any one 16,522
payment, subject to board rules. 16,523
Upon certification by the state highway patrol retirement 16,525
board to the board of trustees of the OHIO police and firemen's 16,527
disability and FIRE pension fund of such payment by the member, 16,528
the OHIO police and firemen's disability and FIRE pension fund 16,530
shall pay from the appropriate employers' contribution fund under 16,531
section 742.59 of the Revised Code to the state highway patrol 16,532
retirement system an amount equal to the payment of the member. 16,533
Sec. 5505.28. (A) The state highway patrol retirement 16,542
board may enter into an agreement with insurance companies, 16,543
health insuring corporations, or government agencies authorized 16,544
to do business in the state for issuance of a policy or contract 16,546
of health, medical, hospital, or surgical benefits, or any 16,547
combination thereof, for those persons receiving pensions and 16,549
subscribing to the plan. Notwithstanding any other provision of 16,550
this chapter, the policy or contract may also include coverage 16,551
for any eligible individual's spouse and dependent children and 16,552
for any of the individual's sponsored dependents as the board 16,554
372
considers appropriate.
If all or any portion of the policy or contract premium is 16,556
to be paid by any individual receiving a service, disability, or 16,558
survivor pension or benefit, the individual shall, by written 16,560
authorization, instruct the board to deduct from the individual's 16,562
pension or benefit the premium agreed to be paid by the 16,563
individual to the company, corporation, or agency. 16,565
The board may contract for coverage on the basis of part or 16,568
all of the cost of the coverage to be paid from appropriate funds 16,569
of the state highway patrol retirement system. The cost paid 16,570
from the funds of the system shall be included in the employer's 16,572
contribution rate as provided by section 5505.15 of the Revised 16,573
Code.
(B) If the board provides health, medical, hospital, or 16,575
surgical benefits through any means other than a health insuring 16,577
corporation, it shall offer to each individual eligible for the 16,580
benefits the alternative of receiving benefits through enrollment 16,582
in a health insuring corporation, if all of the following apply: 16,584
(1) The health insuring corporation provides health care 16,587
services in the geographical area in which the individual lives; 16,589
(2) The eligible individual was receiving health care 16,591
benefits through a health maintenance organization or a health 16,593
insuring corporation before retirement; 16,594
(3) The rate and coverage provided by the health insuring 16,597
corporation to eligible individuals is comparable to that 16,600
currently provided by the board under division (A) of this
section. If the rate or coverage provided by the health insuring 16,602
corporation is not comparable to that currently provided by the 16,604
board under division (A) of this section, the board may deduct 16,605
the additional cost from the eligible individual's monthly 16,607
benefit.
The health insuring corporation shall accept as an enrollee 16,611
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 16,613
373
from one plan to another at least once a year at a time 16,615
determined by the board. 16,616
(C) The board shall, beginning the month following receipt 16,618
of satisfactory evidence of the payment for coverage, pay monthly 16,619
to each recipient of a pension under the state highway patrol 16,621
retirement system who is eligible for medical insurance coverage 16,622
under part B of "The Social Security Amendments of 1965," 79 16,623
Stat. 301, 42 U.S.C.A. 1395j, as amended, an amount established 16,625
by board rule not exceeding the basic premium for such coverage. 16,626
(D) The board shall establish by rule requirements for the 16,628
coordination of any coverage, payment, or benefit provided under 16,630
this section with any similar coverage, payment, or benefit made 16,631
available to the same individual by the public employees 16,632
retirement system, OHIO police and firemen's disability and FIRE 16,633
pension fund, state teachers retirement system, or school 16,635
employees retirement system. 16,636
(E) The board shall make all other necessary rules 16,638
pursuant to the purpose and intent of this section. 16,639
Sec. 5528.54. (A) The commissioners of the sinking fund 16,648
are authorized to issue and sell, as provided in this section and 16,649
in amounts from time to time authorized by the general assembly, 16,650
general obligations of this state for the purpose of financing or 16,651
assisting in the financing of the costs of projects. The full 16,652
faith and credit, revenues, and taxing power of the state are and 16,653
shall be pledged to the timely payment of bond service charges on 16,654
outstanding obligations, all in accordance with Section 2m of
Article VIII, Ohio Constitution, and sections 5528.51 to 5528.56 16,655
of the Revised Code, and so long as such obligations are 16,656
outstanding there shall be levied and collected excises, taxes, 16,657
and other revenues in amounts sufficient to pay the bond service 16,658
charges on such obligations and costs relating to credit 16,659
enhancement facilities.
(B) Not more than two hundred twenty million dollars 16,661
principal amount of obligations, plus the principal amount of 16,662
374
obligations that in any prior fiscal years could have been, but 16,663
were not issued within that two-hundred-twenty-million-dollar 16,664
fiscal year limit, may be issued in any fiscal year, and not more 16,665
that one billion two hundred million dollars principal amount of 16,666
obligations may be outstanding at any one time, all determined as 16,667
provided in sections 5528.51 to 5528.56 of the Revised Code. 16,668
(C) The state may participate in financing projects by 16,670
grants, loans, or contributions to local government entities. 16,671
(D) Each issue of obligations shall be authorized by 16,673
resolution of the commissioners. The bond proceedings shall 16,674
provide for the principal amount or maximum principal amount of 16,675
obligations of an issue, and shall provide for or authorize the 16,676
manner for determining the principal maturity or maturities, not 16,677
exceeding the earlier of thirty years from the date of issuance 16,678
of the particular obligations or thirty years from the date the
debt represented by the particular obligations was originally 16,679
contracted, the interest rate or rates, the date of and the dates 16,680
of payment of interest on the obligations, their denominations, 16,682
and the establishment within or outside the state of a place or 16,683
places of payment of bond service charges. Sections 9.96, 9.98, 16,684
9.981, 9.982, and 9.983 of the Revised Code are applicable to the 16,685
obligations. The purpose of the obligations may be stated in the 16,686
bond proceedings as "financing or assisting in the financing of 16,687
highway capital improvement projects as provided in Section 2m of 16,688
Article VIII, Ohio Constitution."
(E) The proceeds of the obligations, except for any 16,690
portion to be deposited into special funds, or into escrow funds 16,692
for the purpose of refunding outstanding obligations, or pursuant 16,693
to section 5528.57 of the Revised Code, all as may be provided in 16,694
the bond proceedings, shall be deposited into the highway capital 16,695
improvement fund established by section 5528.53 of the Revised 16,696
Code.
(F) The commissioners may appoint or provide for the 16,698
appointment of paying agents, bond registrars, securities 16,700
375
depositories, and transfer agents, and may retain the services of
financial advisers and accounting experts, and retain or contract 16,701
for the services of marketing, remarketing, indexing, and 16,702
administrative agents, other consultants, and independent 16,703
contractors, including printing services, as are necessary in the 16,704
judgment of the commissioners to carry out sections 5528.51 to 16,705
5528.56 of the Revised Code. Financing costs are payable, as
provided in the bond proceedings, from the proceeds of the 16,706
obligations, from special funds, or from other moneys available 16,707
for the purpose.
(G) The bond proceedings, including any trust agreement, 16,709
may contain additional provisions customary or appropriate to the 16,710
financing or to the obligations or to particular obligations 16,711
including, but not limited to: 16,712
(1) The redemption of obligations prior to maturity at the 16,714
option of the state or of the holder or upon the occurrence of 16,715
certain conditions at such price or prices and under such terms 16,716
and conditions as are provided in the bond proceedings; 16,717
(2) The form of and other terms of the obligations; 16,719
(3) The establishment, deposit, investment, and 16,721
application of special funds, and the safeguarding of moneys on 16,722
hand or on deposit, in lieu of otherwise applicable provisions of 16,723
Chapter 131. or 135. of the Revised Code, but subject to any 16,724
special provisions of this section with respect to particular 16,725
funds or moneys, and provided that any bank or trust company that 16,726
acts as a depository of any moneys in special funds may furnish 16,727
such indemnifying bonds or may pledge such securities as required
by the commissioners; 16,728
(4) Any or every provision of the bond proceedings binding 16,730
upon the commissioners and such state agency or local government 16,731
entities, officer, board, commission, authority, agency, 16,732
department, or other person or body as may from time to time have 16,733
the authority under law to take such actions as may be necessary 16,734
to perform all or any part of the duty required by such
376
provision; 16,735
(5) The maintenance of each pledge, any trust agreement, 16,737
or other instrument composing part of the bond proceedings until 16,738
the state has fully paid or provided for the payment of the bond 16,739
service charges on the obligations or met other stated 16,740
conditions;
(6) In the event of default in any payments required to be 16,742
made by the bond proceedings, or any other agreement of the 16,743
commissioners made as part of a contract under which the 16,744
obligations were issued or secured, the enforcement of such 16,745
payments or agreements by mandamus, suit in equity, action at
law, or any combination of the foregoing; 16,746
(7) The rights and remedies of the holders of obligations 16,748
and of the trustee under any trust agreement, and provisions for 16,749
protecting and enforcing them, including limitations on rights of 16,750
individual holders of obligations;
(8) The replacement of any obligations that become 16,752
mutilated or are destroyed, lost, or stolen; 16,753
(9) Provision for the funding, refunding, or advance 16,755
refunding or other provision for payment of obligations that will 16,756
then no longer be outstanding for purposes of sections 5528.51 to 16,757
5528.56 of the Revised Code or of the bond proceedings; 16,758
(10) Any provision that may be made in bond proceedings or 16,760
a trust agreement, including provision for amendment of the bond 16,761
proceedings;
(11) Any other or additional agreements with the holders 16,763
of the obligations relating to any of the foregoing; 16,764
(12) Such other provisions as the commissioners determine, 16,766
including limitations, conditions, or qualifications relating to 16,767
any of the foregoing. 16,768
(H) The great seal of the state or a facsimile of that 16,770
seal may be affixed to or printed on the obligations. The 16,771
obligations requiring signatures by the commissioners shall be 16,772
signed by or bear the facsimile signatures of two or more of the 16,773
377
commissioners as provided in the bond proceedings. Any 16,774
obligations may be signed by the person who, on the date of
execution, is the authorized signer although on the date of such 16,775
obligations such person was not a commissioner. In case the 16,776
individual whose signature or a facsimile of whose signature 16,777
appears on any obligation ceases to be a commissioner before 16,778
delivery of the obligation, such signature or facsimile is
nevertheless valid and sufficient for all purposes as if that 16,779
individual had remained the member until such delivery, and in 16,780
case the seal to be affixed to or printed on obligations has been 16,781
changed after the seal has been affixed to or a facsimile of the 16,782
seal has been printed on the obligations, that seal or facsimile 16,783
seal shall continue to be sufficient as to those obligations and
obligations issued in substitution or exchange therefor. 16,784
(I) The obligations are negotiable instruments and 16,786
securities under Chapter 1308. of the Revised Code, subject to 16,787
the provisions of the bond proceedings as to registration. 16,788
Obligations may be issued in coupon or in fully registered form, 16,789
or both, as the commissioners determine. Provision may be made 16,790
for the registration of any obligations with coupons attached as
to principal alone or as to both principal and interest, their 16,791
exchange for obligations so registered, and for the conversion or 16,792
reconversion into obligations with coupons attached of any 16,793
obligations registered as to both principal and interest, and for 16,794
reasonable charges for such registration, exchange, conversion, 16,795
and reconversion. Pending preparation of definitive obligations, 16,796
the commissioners may issue interim receipts or certificates
which shall be exchanged for such definitive obligations. 16,798
(J) Obligations may be sold at public sale or at private 16,800
sale, and at such price at, above, or below par, as determined by 16,801
the commissioners in the bond proceedings. 16,803
(K) In the discretion of the commissioners, obligations 16,805
may be secured additionally by a trust agreement between the 16,806
state and a corporate trustee which may be any trust company or 16,807
378
bank having its principal place of business within the state. 16,808
Any trust agreement may contain the resolution authorizing the 16,809
issuance of the obligations, any provisions that may be contained 16,810
in the bond proceedings, and other provisions that are customary
or appropriate in an agreement of the type. 16,811
(L) Except to the extent that their rights are restricted 16,813
by the bond proceedings, any holder of obligations, or a trustee 16,814
under the bond proceedings may by any suitable form of legal 16,815
proceedings protect and enforce any rights under the laws of this 16,816
state or granted by the bond proceedings. Such rights include 16,817
the right to compel the performance of all duties of the
commissioners and the state. Each duty of the commissioners and 16,818
its employees, and of each state agency and local government 16,819
entity and its officers, members, or employees, undertaken 16,821
pursuant to the bond proceedings, is hereby established as a duty 16,822
of the commissioners, and of each such agency, local government 16,823
entity, officer, member, or employee having authority to perform
such duty, specifically enjoined by the law and resulting from an 16,824
office, trust, or station within the meaning of section 2731.01 16,825
of the Revised Code. The persons who are at the time the 16,826
commissioners of the sinking fund, or its employees, are not 16,827
liable in their personal capacities on any obligations or any 16,828
agreements of or with the commissioners relating to obligations
or under the bond proceedings. 16,829
(M) The commissioners may authorize and issue obligations 16,831
for the refunding, including funding and retirement, and advance 16,832
refunding with or without payment or redemption prior to 16,833
maturity, of any obligations previously issued. Such refunding 16,834
obligations may be issued in amounts sufficient to pay or to 16,835
provide for payment of the principal amount, including principal
amounts maturing prior to the redemption of the remaining 16,836
obligations, any redemption premium, and interest accrued or to 16,837
accrue to the maturity or redemption date or dates, payable on 16,838
the refunded obligations, and related financing costs and any 16,839
379
expenses incurred or to be incurred in connection with such
issuance and refunding. Subject to the applicable bond 16,840
proceedings, the portion of the proceeds of the sale of refunding 16,841
obligations issued under this division to be applied to bond 16,842
service charges on the prior obligations shall be credited to an 16,843
appropriate separate account in the bond service fund and held in
trust for the purpose by the commissioners or by a corporate 16,844
trustee. Obligations authorized under this division shall be 16,845
considered to be issued for those purposes for which such prior 16,846
obligations were issued, and, except as otherwise provided in 16,847
sections 5528.51 to 5528.56 of the Revised Code pertaining to
other obligations. 16,848
(N) The commissioners may authorize and issue obligations 16,850
in the form of bond anticipation notes and renew those notes from 16,851
time to time by the issuance of new notes. The holders of such 16,852
notes or appertaining interest coupons have the right to have 16,853
bond service charges on those notes paid solely from the moneys 16,854
and special funds that are or may be pledged to the payment of
bond service charges on those notes, including the proceeds of 16,855
such bonds or renewal notes, or both, as the commissioners 16,856
provide in the bond proceedings authorizing the notes. Such 16,857
notes may be additionally secured by convenants of the 16,859
commissioners to the effect that the commissioners and the state
will do such or all things necessary for the issuance of bonds or 16,860
renewal notes in the appropriate amount, and apply the proceeds 16,861
thereof to the extent necessary, to make full and timely payment 16,862
of the principal of and interest on such notes as provided in 16,863
such bond proceedings. For such purposes, the commissioners may
issue bonds or renewal notes in such principal amount and upon 16,864
such terms as may be necessary to provide moneys to pay when due 16,865
the principal of and interest on such notes. Except as otherwise 16,866
provided in sections 5528.51 to 5528.56 of the Revised Code, 16,867
notes authorized pursuant to this division are subject to 16,868
sections 5528.51 to 5528.56 of the Revised Code pertaining to 16,869
380
other obligations.
The commissioners in the bond proceedings authorizing the 16,871
issuance of bond anticipation notes shall set forth for the bonds 16,872
anticipated by such notes an estimated schedule of annual 16,873
principal payments for such bonds over a period of thirty years 16,874
from the earlier of the date of issuance of the notes or the date 16,875
of original issuance of prior notes in anticipation of those
bonds. While the notes are outstanding there shall be deposited, 16,876
as shall be provided in the bond proceedings for those notes, 16,877
from the sources authorized for payment of bond service charges 16,879
on the bonds, amounts sufficient to pay the principal of the 16,880
bonds anticipated as set forth in that estimated schedule during
the time the notes are outstanding, which amounts shall be used 16,881
solely to pay the principal of those notes or of the bonds 16,882
anticipated.
(O) Refunding or renewal obligations issued pursuant to 16,884
division (M) or (N) of this section shall not be counted against 16,886
the limitation on principal amount provided for in division (B) 16,887
of this section and shall be in addition to the amount authorized 16,888
by the general assembly as provided for in division (A) of this 16,889
section, to the extent the principal amount of those obligations 16,890
does not exceed the then outstanding principal amount of the 16,891
obligations to be refunded, renewed, or retired. For the 16,892
purposes of this section only, the principal amount of an
obligation issued to refund an outstanding obligation is the 16,893
amount on which interest or interest equivalent is initially 16,894
calculated and shall not be considered to include any premium 16,895
paid by the initial purchaser of such obligation. 16,896
(P) Obligations are lawful investments for banks, 16,898
societies for savings, savings and loan associations, deposit 16,899
guarantee associations, trust companies, trustees, fiduciaries, 16,900
insurance companies, including domestic for life and domestic not 16,901
for life, trustees or other officers having charge of sinking and 16,902
bond retirement or other special funds of political subdivisions
381
and taxing districts of this state, the commissioners of the 16,903
sinking fund, the administrator of workers' compensation, subject 16,904
to the approval of the workers' compensation board and the 16,905
industrial commission, the state teachers retirement system, the 16,907
public employees retirement system, the school employees
retirement system, and the OHIO police and firemen's disability 16,909
and FIRE pension fund, notwithstanding any other provisions of 16,911
the Revised Code or rules adopted pursuant thereto by any state 16,912
agency with respect to investments by them, and are also 16,913
acceptable as security for the deposit of public moneys. 16,914
(Q) Unless otherwise provided in any applicable bond 16,916
proceedings, moneys to the credit of or in the special funds 16,917
established by or pursuant to this section may be invested by or 16,918
on behalf of the commissioners only in notes, bonds, or other 16,919
direct obligations of the United States or of any agency or 16,921
instrumentality thereof, in obligations of this state or any 16,922
political subdivision of this state, in certificates of deposit
of any national bank located in this state and any bank, as 16,923
defined in section 1101.01 of the Revised Code, subject to 16,924
inspection by the superintendent of financial institutions, in 16,925
the Ohio subdivision's fund established pursuant to section 16,926
135.45 of the Revised Code, in no-front-end-load money market 16,927
mutual funds consisting exclusively of direct obligations of the 16,928
United States or of an agency or instrumentality thereof, and in 16,929
repurchase agreements, including those issued by any fiduciary, 16,930
secured by direct obligations of the United States or an agency 16,932
or instrumentality thereof, and in common trust funds established
in accordance with section 1109.20 of the Revised Code and 16,934
consisting exclusively of direct obligations of the United States 16,935
or of an agency or instrumentality thereof, notwithstanding 16,936
division (A)(4) of that section. The income from investments 16,938
shall be credited to such special funds or otherwise as the
commissioners determine in the bond proceedings, and the 16,939
investments may be sold or exchanged at such times as the 16,940
382
commissioners determine or authorize. 16,941
(R) Unless otherwise provided in any applicable bond 16,943
proceedings, moneys to the credit of or in a special fund shall 16,944
be disbursed on the order of the commissioners, provided that no 16,946
such order is required for the payment from the bond service fund 16,948
or other special fund when due of bond service charges or
required payments under credit enhancement facilities. 16,949
(S) The commissioners may covenant in the bond 16,951
proceedings, and any such covenants shall be controlling 16,952
notwithstanding any other provision of law, that the state and 16,953
the applicable officers and agencies of the state, including the 16,954
general assembly, shall, so long as any obligations are
outstanding in accordance with their terms, maintain statutory 16,955
authority for and cause to be charged and collected taxes, 16,956
excises, and other receipts of the state so that the receipts to 16,958
the bond service fund shall be sufficient in amounts to meet bond 16,959
service charges and for the establishment and maintenance of any 16,960
reserves and other requirements, including payment of financing
costs, provided for in the bond proceedings. 16,961
(T) The obligations, and the transfer of, and the 16,963
interest, interest equivalent, and other income and accreted 16,964
amounts from, including any profit made on the sale, exchange, or 16,965
other disposition of, the obligations shall at all times be free 16,966
from taxation, direct or indirect, within the state. 16,967
Sec. 5531.10. (A) As used in this chapter: 16,976
(1) "Bond proceedings" means the resolution, order, trust 16,978
agreement, indenture, lease, lease-purchase agreements, and other 16,979
agreements, amendments and supplements to the foregoing, or any 16,981
one or more or combination thereof, authorizing or providing for 16,982
the terms and conditions applicable to, or providing for the 16,983
security or liquidity of, obligations issued pursuant to this 16,984
section, and the provisions contained in such obligations. 16,985
(2) "Bond service charges" means principal, including 16,987
mandatory sinking fund requirements for retirement of 16,988
383
obligations, and interest, and redemption premium, if any, 16,989
required to be paid by the state on obligations. 16,990
(3) "Bond service fund" means the applicable fund and 16,992
accounts therein created for and pledged to the payment of bond 16,993
service charges, which may be, or may be part of, the state 16,994
infrastructure bank revenue bond service fund created by division 16,995
(S)(R) of this section including all moneys and investments, and 16,997
earnings from investments, credited and to be credited thereto. 16,998
(4) "Issuing authority" means the treasurer of state, or 17,000
the officer who by law performs the functions of the treasurer of 17,001
state.
(5) "Obligations" means bonds, notes, or other evidence of 17,003
obligation including interest coupons pertaining thereto, issued 17,004
pursuant to this section. 17,005
(6) "Pledged receipts" means moneys accruing to the state 17,008
from the lease, lease-purchase, sale, or other disposition, or 17,009
use, of qualified projects, and from the repayment, including 17,010
interest, of loans made from proceeds received from the sale of 17,011
obligations; accrued interest received from the sale of 17,012
obligations; income from the investment of the special funds; any 17,014
gifts, grants, donations, and pledges, and receipts therefrom, 17,015
available for the payment of bond service charges; and any
amounts in the state infrastructure bank pledged to the payment 17,016
of such charges.
(7) "Special funds" or "funds" means, except where the 17,018
context does not permit, the bond service fund, and any other 17,019
funds, including reserve funds, created under the bond 17,020
proceedings, and the state infrastructure bank revenue bond 17,021
service fund created by division (R) of this section to the 17,022
extent provided in the bond proceedings, including all moneys and 17,023
investments, and earnings from investment, credited and to be 17,024
credited thereto.
(8) "State infrastructure project" means any public 17,026
transportation project undertaken by the state, including, but 17,027
384
not limited to, all components of any such project, as described 17,028
in division (D) of section 5131.09 of the Revised Code. 17,029
(B) The issuing authority, after giving written notice to 17,032
the director of budget and management and upon the certification
by the director of transportation to the issuing authority of the 17,034
amount of moneys or additional moneys needed either for state 17,035
infrastructure projects or to provide financial assistance for
any of the purposes for which the state infrastructure bank may 17,037
be used under section 5531.09 of the Revised Code, or needed for 17,038
capitalized interest, funding reserves, and paying costs and 17,039
expenses incurred in connection with the issuance, carrying, 17,040
securing, paying, redeeming, or retirement of the obligations or 17,041
any obligations refunded thereby, including payment of costs and 17,042
expenses relating to letters of credit, lines of credit, 17,043
insurance, put agreements, standby purchase agreements, indexing, 17,044
marketing, remarketing and administrative arrangements, interest 17,045
swap or hedging agreements, and any other credit enhancement, 17,046
liquidity, remarketing, renewal, or refunding arrangements, all 17,047
of which are authorized by this section, shall issue obligations 17,048
of the state under this section in the required amount. The 17,050
proceeds of such obligations, except for the portion to be 17,051
deposited in special funds, including reserve funds, as may be 17,052
provided in the bond proceedings, shall as provided in the bond 17,053
proceedings be credited to the infrastructure bank obligations 17,054
fund of the state infrastructure bank created by section 5531.09 17,055
of the Revised Code. The issuing authority may appoint trustees, 17,056
paying agents, transfer agents, and authenticating agents, and 17,058
may retain the services of financial advisors, accounting 17,059
experts, and attorneys, and retain or contract for the services 17,060
of marketing, remarketing, indexing, and administrative agents, 17,061
other consultants, and independent contractors, including 17,062
printing services, as are necessary in the issuing authority's 17,063
judgment to carry out this section. The costs of such services 17,064
are payable from funds of the state infrastructure bank. 17,065
385
(C) The holders or owners of such obligations shall have 17,067
no right to have moneys raised by taxation by the state of Ohio 17,069
obligated or pledged, and moneys so raised shall not be obligated 17,070
or pledged, for the payment of bond service charges. The right 17,071
of such holders and owners to the payment of bond service charges 17,072
is limited to all or that portion of the pledged receipts and 17,073
those special funds pledged thereto pursuant to the bond 17,074
proceedings for such obligations in accordance with this section, 17,076
and each such obligation shall bear on its face a statement to 17,077
that effect.
(D) Obligations shall be authorized by order of the 17,080
issuing authority and the bond proceedings shall provide for the 17,081
purpose thereof and the principal amount or amounts, and shall 17,082
provide for or authorize the manner or agency for determining the 17,083
principal maturity or maturities, not exceeding twenty-five years 17,084
from the date of issuance, the interest rate or rates or the 17,085
maximum interest rate, the date of the obligations and the dates 17,086
of payment of interest thereon, their denomination, and the 17,087
establishment within or without the state of a place or places of 17,088
payment of bond service charges. Sections 9.98 to 9.983 of the 17,089
Revised Code are applicable to obligations issued under this 17,090
section. The purpose of such obligations may be stated in the 17,091
bond proceedings in terms describing the general purpose or 17,092
purposes to be served. The bond proceedings also shall provide, 17,093
subject to the provisions of any other applicable bond 17,094
proceedings, for the pledge of all, or such part as the issuing 17,095
authority may determine, of the pledged receipts and the 17,097
applicable special fund or funds to the payment of bond service 17,098
charges, which pledges may be made either prior or subordinate to 17,099
other expenses, claims, or payments, and may be made to secure 17,100
the obligations on a parity with obligations theretofore or 17,101
thereafter issued, if and to the extent provided in the bond 17,102
proceedings. The pledged receipts and special funds so pledged 17,103
and thereafter received by the state immediately are subject to 17,104
386
the lien of such pledge without any physical delivery thereof or 17,105
further act, and the lien of any such pledges is valid and 17,106
binding against all parties having claims of any kind against the 17,107
state or any governmental agency of the state, irrespective of 17,108
whether such parties have notice thereof, and shall create a
perfected security interest for all purposes of Chapter 1309. of 17,109
the Revised Code, without the necessity for separation or 17,110
delivery of funds or for the filing or recording of the bond 17,111
proceedings by which such pledge is created or any certificate, 17,112
statement, or other document with respect thereto; and the pledge 17,113
of such pledged receipts and special funds is effective and the 17,114
money therefrom and thereof may be applied to the purposes for 17,115
which pledged without necessity for any act of appropriation. 17,116
Every pledge, and every covenant and agreement made with respect 17,117
thereto, made in the bond proceedings may therein be extended to 17,118
the benefit of the owners and holders of obligations authorized 17,119
by this section, and to any trustee therefor, for the further 17,120
security of the payment of the bond service charges. 17,121
(E) The bond proceedings may contain additional provisions 17,123
as to: 17,124
(1) The redemption of obligations prior to maturity at the 17,126
option of the issuing authority at such price or prices and under 17,127
such terms and conditions as are provided in the bond 17,128
proceedings; 17,129
(2) Other terms of the obligations; 17,131
(3) Limitations on the issuance of additional obligations; 17,133
(4) The terms of any trust agreement or indenture securing 17,135
the obligations or under which the same may be issued; 17,136
(5) The deposit, investment, and application of special 17,138
funds, and the safeguarding of moneys on hand or on deposit, 17,139
without regard to Chapter 131. or 135. of the Revised Code, but 17,140
subject to any special provisions of this section with respect to 17,143
particular funds or moneys, provided that any bank or trust
company which acts as depository of any moneys in the special 17,144
387
funds may furnish such indemnifying bonds or may pledge such 17,145
securities as required by the issuing authority; 17,146
(6) Any or every provision of the bond proceedings being 17,148
binding upon such officer, board, commission, authority, agency, 17,149
department, or other person or body as may from time to time have 17,150
the authority under law to take such actions as may be necessary 17,151
to perform all or any part of the duty required by such 17,152
provision; 17,153
(7) Any provision that may be made in a trust agreement or 17,155
indenture; 17,156
(8) Any other or additional agreements with the holders of 17,158
the obligations, or the trustee therefor, relating to the 17,159
obligations or the security therefor, including the assignment of 17,160
mortgages or other security relating to financial assistance for 17,162
qualified projects under section 5531.09 of the Revised Code. 17,163
(F) The obligations may have the great seal of the state 17,165
or a facsimile thereof affixed thereto or printed thereon. The 17,166
obligations and any coupons pertaining to obligations shall be 17,167
signed or bear the facsimile signature of the issuing authority. 17,168
Any obligations or coupons may be executed by the person who, on 17,169
the date of execution, is the proper issuing authority although 17,170
on the date of such bonds or coupons such person was not the 17,171
issuing authority. In case the issuing authority whose signature 17,172
or a facsimile of whose signature appears on any such obligation 17,173
or coupon ceases to be the issuing authority before delivery 17,174
thereof, such signature or facsimile nevertheless is valid and 17,176
sufficient for all purposes as if the former issuing authority 17,177
had remained the issuing authority until such delivery; and in 17,178
case the seal to be affixed to obligations has been changed after 17,179
a facsimile of the seal has been imprinted on such obligations, 17,180
such facsimile seal shall continue to be sufficient as to such 17,181
obligations and obligations issued in substitution or exchange 17,182
therefor.
(G) All obligations are negotiable instruments and 17,184
388
securities under Chapter 1308. of the Revised Code, subject to 17,185
the provisions of the bond proceedings as to registration. The 17,186
obligations may be issued in coupon or in registered form, or 17,187
both, as the issuing authority determines. Provision may be made 17,188
for the registration of any obligations with coupons attached 17,189
thereto as to principal alone or as to both principal and 17,190
interest, their exchange for obligations so registered, and for 17,191
the conversion or reconversion into obligations with coupons 17,192
attached thereto of any obligations registered as to both 17,193
principal and interest, and for reasonable charges for such 17,194
registration, exchange, conversion, and reconversion. 17,195
(H) Obligations may be sold at public sale or at private 17,197
sale, as determined in the bond proceedings. 17,198
(I) Pending preparation of definitive obligations, the 17,200
issuing authority may issue interim receipts or certificates 17,201
which shall be exchanged for such definitive obligations. 17,202
(J) In the discretion of the issuing authority, 17,204
obligations may be secured additionally by a trust agreement or 17,205
indenture between the issuing authority and a corporate trustee 17,206
which may be any trust company or bank having its principal place 17,207
of business within the state. Any such agreement or indenture 17,208
may contain the order authorizing the issuance of the 17,210
obligations, any provisions that may be contained in any bond
proceedings, and other provisions which are customary or 17,211
appropriate in an agreement or indenture of such type, including, 17,212
but not limited to: 17,213
(1) Maintenance of each pledge, trust agreement, 17,215
indenture, or other instrument comprising part of the bond 17,216
proceedings until the state has fully paid the bond service 17,217
charges on the obligations secured thereby, or provision therefor 17,218
has been made; 17,219
(2) In the event of default in any payments required to be 17,221
made by the bond proceedings, or any other agreement of the 17,222
issuing authority made as a part of the contract under which the 17,223
389
obligations were issued, enforcement of such payments or 17,224
agreement by mandamus, the appointment of a receiver, suit in 17,225
equity, action at law, or any combination of the foregoing; 17,226
(3) The rights and remedies of the holders of obligations 17,228
and of the trustee, and provisions for protecting and enforcing 17,229
them, including limitations on the rights of individual holders 17,230
of obligations; 17,231
(4) The replacement of any obligations that become 17,233
mutilated or are destroyed, lost, or stolen; 17,234
(5) Such other provisions as the trustee and the issuing 17,236
authority agree upon, including limitations, conditions, or 17,237
qualifications relating to any of the foregoing. 17,238
(K) Any holder of obligations or a trustee under the bond 17,240
proceedings, except to the extent that the holder's or trustee's 17,242
rights are restricted by the bond proceedings, may by any 17,243
suitable form of legal proceedings, protect and enforce any 17,244
rights under the laws of this state or granted by such bond 17,245
proceedings. Such rights include the right to compel the 17,246
performance of all duties of the issuing authority and the 17,247
director of transportation required by the bond proceedings or 17,248
sections 5531.09 and 5531.10 of the Revised Code; to enjoin 17,249
unlawful activities; and in the event of default with respect to 17,251
the payment of any bond service charges on any obligations or in 17,252
the performance of any covenant or agreement on the part of the 17,253
issuing authority or the director of transportation in the bond 17,254
proceedings, to apply to a court having jurisdiction of the cause 17,255
to appoint a receiver to receive and administer the pledged 17,256
receipts and special funds, other than those in the custody of 17,257
the treasurer of state, which are pledged to the payment of the 17,258
bond service charges on such obligations or which are the subject 17,259
of the covenant or agreement, with full power to pay, and to 17,260
provide for payment of bond service charges on, such obligations, 17,261
and with such powers, subject to the direction of the court, as 17,262
are accorded receivers in general equity cases, excluding any 17,263
390
power to pledge additional revenues or receipts or other income 17,264
or moneys of the state or local governmental entities, or 17,266
agencies thereof, to the payment of such principal and interest 17,268
and excluding the power to take possession of, mortgage, or cause 17,269
the sale or otherwise dispose of any project facilities.
Each duty of the issuing authority and the issuing 17,271
authority's officers and employees, and of each state or local 17,272
governmental agency and its officers, members, or employees, 17,274
undertaken pursuant to the bond proceedings or any loan, loan 17,275
guarantee, lease, lease-purchase agreement, or other agreement 17,277
made under authority of section 5531.09 of the Revised Code, and 17,278
in every agreement by or with the issuing authority, is hereby 17,280
established as a duty of the issuing authority, and of each such 17,281
officer, member, or employee having authority to perform such 17,282
duty, specifically enjoined by the law resulting from an office, 17,283
trust, or station within the meaning of section 2731.01 of the 17,284
Revised Code.
The person who is at the time the issuing authority, or the 17,286
issuing authority's officers or employees, are not liable in 17,287
their personal capacities on any obligations issued by the 17,288
issuing authority or any agreements of or with the issuing 17,289
authority. 17,290
(L) The issuing authority may authorize and issue 17,292
obligations for the refunding, including funding and retirement, 17,293
and advance refunding with or without payment or redemption prior 17,294
to maturity, of any obligations previously issued by the issuing 17,295
authority. Such obligations may be issued in amounts sufficient 17,296
for payment of the principal amount of the prior obligations, any 17,297
redemption premiums thereon, principal maturities of any such 17,298
obligations maturing prior to the redemption of the remaining 17,299
obligations on a parity therewith, interest accrued or to accrue 17,300
to the maturity dates or dates of redemption of such obligations, 17,301
and any expenses incurred or to be incurred in connection with 17,303
such issuance and such refunding, funding, and retirement. 17,304
391
Subject to the bond proceedings therefor, the portion of proceeds 17,305
of the sale of obligations issued under this division to be 17,306
applied to bond service charges on the prior obligations shall be 17,307
credited to an appropriate account held by the trustee for such 17,308
prior or new obligations or to the appropriate account in the 17,309
bond service fund for such obligations. Obligations authorized 17,310
under this division shall be deemed to be issued for those 17,311
purposes for which such prior obligations were issued and are 17,312
subject to the provisions of this section pertaining to other 17,313
obligations, except as otherwise provided in this section. The 17,314
last maturity of obligations authorized under this division shall 17,315
not be later than twenty-five years from the date of issuance of 17,316
the original securities issued for the original purpose. 17,317
(M) The authority to issue obligations under this section 17,319
includes authority to issue obligations in the form of bond 17,320
anticipation notes and to renew the same from time to time by the 17,321
issuance of new notes. The holders of such notes or interest 17,322
coupons pertaining thereto shall have a right to be paid solely 17,323
from the pledged receipts and special funds that may be pledged 17,324
to the payment of the bonds anticipated, or from the proceeds of 17,325
such bonds or renewal notes, or both, as the issuing authority 17,326
provides in the order authorizing such notes. Such notes may be 17,328
additionally secured by covenants of the issuing authority to the 17,329
effect that the issuing authority and the state will do such or 17,330
all things necessary for the issuance of such bonds or renewal 17,331
notes in the appropriate amount, and apply the proceeds thereof 17,332
to the extent necessary, to make full payment of the principal of 17,333
and interest on such notes at the time or times contemplated, as 17,334
provided in such order. For such purpose, the issuing authority 17,335
may issue bonds or renewal notes in such principal amount and 17,336
upon such terms as may be necessary to provide funds to pay when 17,337
required the principal of and interest on such notes, 17,338
notwithstanding any limitations prescribed by or for purposes of 17,339
this section. Subject to this division, all provisions for and 17,340
392
references to obligations in this section are applicable to notes 17,341
authorized under this division. 17,342
The issuing authority in the bond proceedings authorizing 17,344
the issuance of bond anticipation notes shall set forth for such 17,345
bonds an estimated interest rate and a schedule of principal 17,346
payments for such bonds and the annual maturity dates thereof. 17,347
(N) Obligations issued under this section are lawful 17,349
investments for banks, societies for savings, savings and loan 17,350
associations, deposit guarantee associations, trust companies, 17,351
trustees, fiduciaries, insurance companies, including domestic 17,352
for life and domestic not for life, trustees or other officers 17,353
having charge of sinking and bond retirement or other special 17,354
funds of political subdivisions and taxing districts of this 17,355
state, the commissioners of the sinking fund of the state, the 17,356
administrator of workers' compensation in accordance with the 17,357
investment policy established by the workers' compensation 17,358
oversight commission pursuant to section 4121.12 of the Revised 17,359
Code, the state teachers retirement system, the public employees 17,360
retirement system, the school employees retirement system, and 17,361
the OHIO police and firemen's disability and FIRE pension fund, 17,363
notwithstanding any other provisions of the Revised Code or rules 17,365
adopted pursuant thereto by any agency of the state with respect 17,366
to investments by them, and are also acceptable as security for 17,367
the deposit of public moneys. 17,368
(O) Unless otherwise provided in any applicable bond 17,370
proceedings, moneys to the credit of or in the special funds 17,371
established by or pursuant to this section may be invested by or 17,372
on behalf of the issuing authority only in notes, bonds, or other 17,373
obligations of the United States, or of any agency or 17,374
instrumentality of the United States, obligations guaranteed as 17,376
to principal and interest by the United States, obligations of 17,377
this state or any political subdivision of this state, and 17,378
certificates of deposit of any national bank located in this 17,379
state and any bank, as defined in section 1101.01 of the Revised 17,380
393
Code, subject to inspection by the superintendent of financial 17,381
institutions. If the law or the instrument creating a trust 17,383
pursuant to division (J) of this section expressly permits 17,384
investment in direct obligations of the United States or an 17,385
agency of the United States, unless expressly prohibited by the 17,386
instrument, such moneys also may be invested in no-front-end-load 17,387
money market mutual funds consisting exclusively of obligations 17,388
of the United States or an agency of the United States and in 17,390
repurchase agreements, including those issued by the fiduciary 17,391
itself, secured by obligations of the United States or an agency 17,392
of the United States; and in collective investment funds as 17,395
defined in division (A) of section 1111.01 of the Revised Code 17,396
and consisting exclusively of any such securities. The income 17,399
from such investments shall be credited to such funds as the 17,400
issuing authority determines, and such investments may be sold at 17,401
such times as the issuing authority determines or authorizes. 17,402
(P) Provision may be made in the applicable bond 17,404
proceedings for the establishment of separate accounts in the 17,405
bond service fund and for the application of such accounts only 17,406
to the specified bond service charges on obligations pertinent to 17,407
such accounts and bond service fund and for other accounts 17,408
therein within the general purposes of such fund. Unless 17,409
otherwise provided in any applicable bond proceedings, moneys to 17,410
the credit of or in the several special funds established 17,411
pursuant to this section shall be disbursed on the order of the 17,412
treasurer of state, provided that no such order is required for 17,413
the payment from the bond service fund when due of bond service 17,414
charges on obligations. 17,415
(Q)(1) The issuing authority may pledge all, or such 17,418
portion as the issuing authority determines, of the pledged 17,419
receipts to the payment of bond service charges on obligations 17,420
issued under this section, and for the establishment and 17,421
maintenance of any reserves, as provided in the bond proceedings, 17,422
and make other provisions therein with respect to pledged 17,423
394
receipts as authorized by this chapter, which provisions are 17,424
controlling notwithstanding any other provisions of law 17,425
pertaining thereto.
(2) An action taken under division (Q)(2) of this section 17,428
does not limit the generality of division (Q)(1) of this section, 17,429
and is subject to division (C) of this section and, if and to the 17,430
extent otherwise applicable, Section 13 of Article VIII, Ohio 17,432
Constitution. The bond proceedings may contain a covenant that, 17,433
in the event the pledged receipts primarily pledged and required 17,434
to be used for the payment of bond service charges on obligations 17,435
issued under this section, and for the establishment and 17,436
maintenance of any reserves, as provided in the bond proceedings, 17,437
are insufficient to make any such payment in full when due, or to
maintain any such reserve, the director of transportation shall 17,438
so notify the governor, and shall determine to what extent, if 17,439
any, the payment may be made or moneys may be restored to the 17,440
reserves from lawfully available moneys previously appropriated 17,441
for that purpose to the department of transportation. The 17,442
covenant also may provide that if the payments are not made or 17,443
the moneys are not immediately and fully restored to the reserves 17,445
from such moneys, the director shall promptly submit to the 17,446
governor and to the director of budget and management a written 17,447
request for either or both of the following:
(a) That the next biennial budget submitted by the 17,449
governor to the general assembly include an amount to be 17,450
appropriated from lawfully available moneys to the department for 17,452
the purpose of and sufficient for the payment in full of bond 17,453
service charges previously due and for the full replenishment of 17,454
the reserves;
(b) That the general assembly be requested to increase 17,456
appropriations from lawfully available moneys for the department 17,458
in the current biennium sufficient for the purpose of and for the 17,459
payment in full of bond service charges previously due and to
come due in the biennium and for the full replenishment of the 17,460
395
reserves.
The director of transportation shall include with such 17,462
requests a recommendation that the payment of the bond service 17,464
charges and the replenishment of the reserves be made in the 17,465
interest of maximizing the benefits of the state infrastructure
bank. Any such covenant shall not obligate or purport to 17,466
obligate the state to pay the bond service charges on such bonds 17,468
or notes or to deposit moneys in a reserve established for such 17,469
payments other than from moneys that may be lawfully available 17,470
and appropriated for that purpose during the then-current
biennium. 17,471
(R) There is hereby created the state infrastructure bank 17,473
revenue bond service fund, which shall be in the custody of the 17,474
treasurer of state but shall not be a part of the state treasury. 17,476
All moneys received by or on account of the issuing authority or 17,477
state agencies and required by the applicable bond proceedings, 17,478
consistent with this section, to be deposited, transferred, or 17,479
credited to the bond service fund, and all other moneys 17,480
transferred or allocated to or received for the purposes of the
fund, shall be deposited and credited to such fund and to any 17,481
separate accounts therein, subject to applicable provisions of 17,482
the bond proceedings, but without necessity for any act of 17,483
appropriation. The state infrastructure bank revenue bond 17,486
service fund is a trust fund and is hereby pledged to the payment 17,487
of bond service charges to the extent provided in the applicable 17,488
bond proceedings, and payment thereof from such fund shall be 17,489
made or provided for by the treasurer of state in accordance with 17,490
such bond proceedings without necessity for any act of 17,491
appropriation.
(S) The obligations issued pursuant to this section, the 17,493
transfer thereof, and the income therefrom, including any profit 17,494
made on the sale thereof, shall at all times be free from 17,495
taxation within this state.
Sec. 5537.08. (A) The Ohio turnpike commission may 17,504
396
provide by resolution for the issuance, at one time or from time 17,505
to time, of revenue bonds of the state for the purpose of paying 17,506
all or any part of the cost of any one or more turnpike projects. 17,507
The bond service charges shall be payable solely from pledged 17,508
revenues pledged for such payment pursuant to the applicable bond 17,509
proceedings. The bonds of each issue shall be dated, shall bear 17,510
interest at a rate or rates or at variable rates, and shall 17,511
mature or be payable at such time or times, with a final maturity 17,512
not to exceed forty years from their date or dates, all as 17,513
determined by the commission in the bond proceedings. The 17,514
commission shall determine the form of the bonds, including any 17,515
interest coupons to be attached thereto, and shall fix the 17,516
denomination or denominations of the bonds and the place or 17,517
places of payment of bond service charges. 17,518
(B) The bonds shall be signed by the chairman CHAIRPERSON 17,520
or vice-chairman VICE-CHAIRPERSON of the commission or by the 17,521
facsimile signature of that officer, the official seal of the 17,522
commission or a facsimile thereof shall be affixed thereto or 17,523
printed thereon and attested by the secretary-treasurer of the 17,524
commission, which may be by facsimile signature, and any coupons 17,525
attached thereto shall bear the facsimile signature of the 17,526
chairman CHAIRPERSON or vice-chairman VICE-CHAIRPERSON of the 17,527
commission. In case any officer whose signature, or a facsimile 17,528
of whose signature, appears on any bonds or coupons ceases to be 17,529
such officer before delivery of bonds, such signature or 17,530
facsimile shall nevertheless be valid and sufficient for all 17,531
purposes the same as if he THE OFFICER had remained in office 17,532
until such delivery. 17,533
(C) Subject to the bond proceedings and provisions for 17,535
registration, the bonds shall have all the qualities and 17,536
incidents of negotiable instruments under Title XIII of the 17,537
Revised Code. The bonds may be issued in such form or forms as 17,538
the commission determines, including without limitation coupon, 17,539
book entry, and fully registered form, and provision may be made 17,540
397
for the registration of any coupon bonds as to principal alone 17,541
and also as to both principal and interest, and for the exchange 17,542
of bonds between forms. The commission may sell such bonds by 17,543
competitive bid on the best bid after advertisement or request 17,544
for bids or by private sale in the manner, and for the price, it 17,545
determines to be for the best interest of the state. The 17,546
determination of the commission as to the manner of sale, by 17,547
competitive bid or by private sale, shall be approved by the 17,548
controlling board. 17,549
(D) The proceeds of the bonds of each issue shall be used 17,551
solely for the payment of the costs of the turnpike project or 17,552
projects for which such bonds were issued, and shall be disbursed 17,553
in such manner and under such restrictions as the commission 17,554
provides in the bond proceedings. 17,555
(E) Prior to the preparation of definitive bonds, the 17,557
commission may, under like restrictions, issue interim receipts 17,558
or temporary bonds or bond anticipation notes, with or without 17,559
coupons, exchangeable for definitive bonds when such bonds have 17,560
been executed and are available for delivery. The commission may 17,561
provide for the replacement of any mutilated, stolen, destroyed, 17,562
or lost bonds. Bonds may be issued by the commission under this 17,563
chapter without obtaining the consent of any state agency, and 17,564
without any other proceedings or the happening of any other 17,565
conditions or things than those proceedings, conditions, or 17,566
things that are specifically required by this chapter or those 17,568
proceedings. 17,569
(F) Sections 9.98 to 9.983 of the Revised Code apply to 17,571
the bonds. 17,572
(G) The bond proceedings shall provide, subject to the 17,574
provisions of any other applicable bond proceedings, for the 17,575
pledge to the payment of bond service charges and of any costs of 17,576
or relating to credit enhancement facilities of all, or such part 17,577
as the commission may determine, of the pledged revenues and the 17,578
applicable special fund or funds, which pledges may be made to 17,579
398
secure the bonds on a parity with bonds theretofore or thereafter 17,580
issued if and to the extent provided in the bond proceedings. 17,581
Every pledge, and every covenant and agreement with respect 17,582
thereto, made in the bond proceedings may in the bond proceedings 17,583
be extended to the benefit of the owners and holders of bonds and 17,584
to any trustee and any person providing a credit enhancement 17,585
facility for those bonds, for the further security for the 17,586
payment of the bond service charges and credit enhancement 17,587
facility costs. 17,588
(H) The bond proceedings may contain additional provisions 17,590
as to: 17,591
(1) The redemption of bonds prior to maturity at the 17,593
option of the commission or of the bondholders or upon the 17,594
occurrence of certain stated conditions, and at such price or 17,595
prices and under such terms and conditions as are provided in the 17,596
bond proceedings; 17,597
(2) Other terms of the bonds; 17,599
(3) Limitations on the issuance of additional bonds; 17,601
(4) The terms of any trust agreement securing the bonds or 17,603
under which the same may be issued; 17,604
(5) Any or every provision of the bond proceedings being 17,606
binding upon the commission and state agencies, or other person 17,607
as may from time to time have the authority under law to take 17,608
such actions as may be necessary to perform all or any part of 17,609
the duty required by such provision; 17,610
(6) Any provision that may be made in a trust agreement; 17,613
(7) Any other or additional agreements with the holders of 17,615
the bonds, or the trustee therefor, relating to the bonds or the 17,616
security for the bonds, including agreements for credit 17,617
enhancement facilities. 17,618
(I) Any holder of bonds or a trustee under the bond 17,620
proceedings, except to the extent that his THE HOLDER'S OR 17,621
TRUSTEE'S rights are restricted by the bond proceedings, may by 17,622
any suitable form of legal proceedings, protect and enforce any 17,623
399
rights under the laws of this state or granted by the bond 17,625
proceedings. Those rights include the right to compel the 17,626
performance of all duties of the commission and state agencies 17,627
required by this chapter or the bond proceedings; to enjoin 17,628
unlawful activities; and in the event of default with respect to 17,629
the payment of any bond service charges on any bonds or in the 17,630
performance of any covenant or agreement on the part of the 17,631
commission contained in the bond proceedings, to apply to a court 17,632
having jurisdiction of the cause to appoint a receiver to receive 17,633
and administer the revenues and the pledged revenues which are 17,634
pledged to the payment of the bond service charges on such bonds 17,635
or which are the subject of the covenant or agreement, with full 17,636
power to pay, and to provide for payment of, bond service charges 17,637
on such bonds, and with such powers, subject to the direction of 17,638
the court, as are accorded receivers in general equity cases, 17,639
excluding any power to pledge additional revenues or receipts or 17,640
other income, funds, or moneys of the commission or state 17,641
agencies to the payment of such bond service charges and 17,642
excluding the power to take possession of, mortgage, or cause the 17,643
sale or otherwise dispose of any turnpike project or other 17,644
property of the commission.
(J) Each duty of the commission and the commission's 17,646
officers and employees, undertaken pursuant to the bond 17,647
proceedings, is hereby established as a duty of the commission, 17,648
and of each such officer, member, or employee having authority to 17,649
perform the duty, specifically enjoined by law resulting from an 17,650
office, trust, or station within the meaning of section 2731.01 17,651
of the Revised Code. 17,652
(K) The commission's officers or employees are not liable 17,654
in their personal capacities on any bonds issued by the 17,655
commission or any agreements of or with the commission relating 17,656
to those bonds. 17,657
(L) The bonds are lawful investments for banks, savings 17,659
and loan associations, credit union share guaranty corporations, 17,660
400
trust companies, trustees, fiduciaries, insurance companies, 17,661
including domestic for life and domestic not for life, trustees 17,662
or other officers having charge of sinking and bond retirement or 17,663
other funds of the state or its political subdivisions and taxing 17,664
districts, the commissioners of the sinking fund of the state, 17,665
the administrator of workers' compensation, the state teachers 17,666
retirement system, the public employees retirement system, the 17,668
school employees retirement system, and the OHIO police and 17,669
firemen's disability and FIRE pension fund, notwithstanding any 17,671
other provisions of the Revised Code or rules adopted pursuant 17,672
thereto by any state agency with respect to investments by them,
and are also acceptable as security for the repayment of the 17,673
deposit of public moneys. 17,674
(M) Provision may be made in the applicable bond 17,676
proceedings for the establishment of separate accounts in the 17,677
bond service fund and for the application of such accounts only 17,678
to the specified bond service charges pertinent to such accounts 17,679
and bond service fund, and for other accounts therein within the 17,680
general purposes of such fund. 17,681
(N) The commission may pledge all, or such portion as it 17,683
determines, of the pledged revenues to the payment of bond 17,684
service charges, and for the establishment and maintenance of any 17,685
reserves and special funds, as provided in the bond proceedings, 17,686
and make other provisions therein with respect to pledged 17,687
revenues, revenues, and net revenues as authorized by this 17,688
chapter, which provisions are controlling notwithstanding any 17,689
other provisions of law pertaining thereto. 17,690
Sec. 5540.06. (A) The board of trustees of a 17,699
transportation improvement district may provide by resolution for 17,700
the issuance, at one time or from time to time, of bonds of the 17,701
district for the purpose of paying all or any part of the cost of 17,702
any one or more projects. The bond service charges shall be 17,703
payable solely from pledged revenues pledged for such payment 17,704
pursuant to the applicable bond proceedings. The bonds of each 17,705
401
issue shall be dated, shall bear interest at a rate or rates or 17,706
at variable rates, and shall mature or be payable at such time or 17,707
times, with a final maturity not to exceed thirty years from 17,708
their date or dates, all as determined by the board in the bond 17,709
proceedings. The board shall determine the form of the bonds, 17,710
including any interest coupons to be attached thereto, and shall 17,711
fix the denomination or denominations of the bonds and the place 17,712
or places of payment of bond service charges. 17,713
(B) The bonds shall be signed by the chairperson or 17,715
vice-chairperson of the board or by the facsimile signature of 17,717
that officer, the official seal of the district or a facsimile
thereof may be affixed thereto or printed thereon and attested by 17,718
the secretary-treasurer of the district, which may be by 17,719
facsimile signature, and any coupons attached thereto shall bear 17,720
the facsimile signature of the chairperson or vice-chairperson of 17,722
the board. In case any officer whose signature, or a facsimile 17,723
of whose signature, appears on any bonds or coupons ceases to be 17,724
such officer before delivery of THE bonds, such signature or 17,725
facsimile shall nevertheless be valid and sufficient for all 17,726
purposes the same as if the officer had remained in office until 17,728
such delivery.
(C) Subject to the bond proceedings and provisions for 17,730
registration, the bonds shall have all the qualities and 17,731
incidents of negotiable instruments under Title XIII of the 17,732
Revised Code. The bonds may be issued in such form or forms as 17,733
the board determines, including without limitation coupon, book 17,734
entry, and fully registered form, and provision may be made for 17,735
the registration of any coupon bonds as to principal alone and 17,736
also as to both principal and interest, and for the exchange of 17,737
bonds between forms. The board may sell such bonds by 17,738
competitive bid on the best bid after advertisement or request 17,739
for bids or by private sale in the manner, and for the price, it 17,740
determines to be for the best interest of the district. 17,741
(D) The proceeds of the bonds of each issue shall be used 17,743
402
solely for the payment of the costs of the project or projects 17,744
for which the bonds were issued, and shall be disbursed in such 17,745
manner and under such restrictions as the board provides in the 17,746
bond proceedings. 17,747
(E) Prior to the preparation of definitive bonds, the 17,749
board may, under like restrictions, issue interim receipts or 17,750
temporary bonds or bond anticipation notes, with or without 17,751
coupons, exchangeable for definitive bonds when such bonds have 17,752
been executed and are available for delivery. The board may 17,753
provide for the replacement of any mutilated, stolen, destroyed, 17,754
or lost bonds. 17,755
(F) Sections 9.98 to 9.983 of the Revised Code apply to 17,757
the bonds. 17,758
(G) The bond proceedings shall provide, subject to the 17,760
provisions of any other applicable bond proceedings, for the 17,761
pledge to the payment of bond service charges and of any costs of 17,762
or relating to credit enhancement facilities of all, or such part 17,763
as the board may determine, of the pledged revenues and the 17,764
applicable special fund or funds, which pledges may be made to 17,765
secure the bonds on a parity with bonds theretofore or thereafter 17,766
issued if and to the extent provided in the bond proceedings. 17,767
Every pledge, and every covenant and agreement with respect 17,768
thereto, made in the bond proceedings may in the bond proceedings 17,769
be extended to the benefit of the owners and holders of bonds and 17,770
to any trustee and any person providing a credit enhancement 17,771
facility for those bonds, for the further security for the 17,772
payment of the bond service charges and credit enhancement 17,773
facility costs. 17,774
(H) The bond proceedings may contain additional provisions 17,776
as to: 17,777
(1) The redemption of bonds prior to maturity at the 17,779
option of the board or of the bondholders or upon the occurrence 17,780
of certain stated conditions, and at such price or prices and 17,781
under such terms and conditions as are provided in the bond 17,782
403
proceedings; 17,783
(2) Other terms of the bonds; 17,785
(3) Limitations on the issuance of additional bonds; 17,787
(4) The terms of any trust agreement securing the bonds or 17,789
under which the same may be issued; 17,790
(5) Any or every provision of the bond proceedings being 17,792
binding upon the board and state agencies, or other person as may 17,793
from time to time have the authority under law to take such 17,794
actions as may be necessary to perform all or any part of the 17,795
duty required by such provision; 17,796
(6) Any provision that may be made in a trust agreement; 17,799
(7) Any other or additional agreements with the holders of 17,801
the bonds, or the trustee therefor, relating to the bonds or the 17,802
security for the bonds, including agreements for credit 17,803
enhancement facilities. 17,804
(I) Any holder of bonds or a trustee under the bond 17,806
proceedings, except to the extent that the holder's or trustee's 17,808
rights are restricted by the bond proceedings, may by any
suitable form of legal proceedings, protect and enforce any 17,809
rights under the laws of this state or granted by the bond 17,811
proceedings. Those rights include the right to compel the 17,812
performance of all duties of the board required by this chapter 17,813
or the bond proceedings; to enjoin unlawful activities; and in 17,814
the event of default with respect to the payment of any bond 17,815
service charges on any bonds or in the performance of any 17,816
covenant or agreement on the part of the board contained in the 17,817
bond proceedings, to apply to a court having jurisdiction of the 17,818
cause to appoint a receiver to receive and administer the 17,819
revenues and the pledged revenues which are pledged to the 17,820
payment of the bond service charges on such bonds or that are the 17,821
subject of the covenant or agreement, with full power to pay, and 17,823
to provide for payment of, bond service charges on such bonds, 17,824
and with such powers, subject to the direction of the court, as 17,825
are accorded receivers in general equity cases, excluding any 17,826
404
power to pledge additional revenue or receipts or other income, 17,827
funds, or moneys of the board to the payment of such bond service 17,828
charges and excluding the power to take possession of, mortgage, 17,829
or cause the sale or otherwise dispose of any project or other 17,830
property of the board. 17,831
(J) Each duty of the board and the board's officers and 17,833
employees, undertaken pursuant to the bond proceedings, is hereby 17,834
established as a duty of the board, and of each such officer, 17,835
member, or employee having authority to perform the duty, 17,836
specifically enjoined by law resulting from an office, trust, or 17,837
station within the meaning of section 2731.01 of the Revised 17,838
Code. 17,839
(K) The board's officers or employees are not liable in 17,841
their personal capacities on any bonds issued by the board or any 17,842
agreements of or with the board relating to those bonds. 17,843
(L) The bonds are lawful investments for banks, savings 17,845
and loan associations, credit union share guaranty corporations, 17,846
trust companies, trustees, fiduciaries, insurance companies, 17,847
including domestic for life and domestic not for life, trustees 17,848
or other officers having charge of sinking and bond retirement or 17,849
other funds of the state or its political subdivisions and taxing 17,850
districts, the commissioners of the sinking fund of the state, 17,851
the administrator of workers' compensation, the state teachers 17,852
retirement system, the public employees retirement system, the 17,854
school employees retirement system, and the OHIO police and 17,855
firemen's disability and FIRE pension fund, notwithstanding any 17,857
other provisions of the Revised Code or rules adopted pursuant 17,858
thereto by any state agency with respect to investments by them, 17,859
and also are acceptable as security for the repayment of the 17,861
deposit of public moneys.
(M) Provision may be made in the applicable bond 17,863
proceedings for the establishment of separate accounts in the 17,864
bond service fund and for the application of such accounts only 17,865
to the specified bond service charges pertinent to such accounts 17,866
405
and bond service fund, and for other accounts therein within the 17,867
general purposes of such fund. 17,868
(N) The board may pledge all, or such portion as it 17,870
determines, of the pledged revenues to the payment of bond 17,871
service charges, and for the establishment and maintenance of any 17,872
reserves and special funds, as provided in the bond proceedings, 17,873
and make other provisions therein with respect to pledged 17,874
revenues, revenues, and net revenues as authorized by this 17,875
chapter, which provisions shall be controlling notwithstanding 17,876
any other provisions of law pertaining thereto. 17,877
Sec. 5705.19. This section does not apply to school 17,884
districts or county school financing districts. 17,885
The taxing authority of any subdivision at any time and in 17,887
any year, by vote of two-thirds of all the members of the taxing 17,888
authority, may declare by resolution and certify the resolution 17,889
to the board of elections not less than seventy-five days before 17,890
the election upon which it will be voted that the amount of taxes 17,891
that may be raised within the ten-mill limitation will be 17,892
insufficient to provide for the necessary requirements of the 17,893
subdivision and that it is necessary to levy a tax in excess of 17,894
that limitation for any of the following purposes: 17,895
(A) For current expenses of the subdivision, except that 17,897
the total levy for current expenses of a detention home district 17,898
or district organized under section 2151.65 of the Revised Code 17,899
shall not exceed two mills and that the total levy for current 17,900
expenses of a combined district organized under sections 2151.34 17,901
and 2151.65 of the Revised Code shall not exceed four mills; 17,902
(B) For the payment of debt charges on certain described 17,904
bonds, notes, or certificates of indebtedness of the subdivision 17,905
issued subsequent to January 1, 1925; 17,906
(C) For the debt charges on all bonds, notes, and 17,908
certificates of indebtedness issued and authorized to be issued 17,909
prior to January 1, 1925; 17,910
(D) For a public library of, or supported by, the 17,912
406
subdivision under whatever law organized or authorized to be 17,913
supported; 17,914
(E) For a municipal university, not to exceed two mills 17,916
over the limitation of one mill prescribed in section 3349.13 of 17,917
the Revised Code; 17,918
(F) For the construction or acquisition of any specific 17,920
permanent improvement or class of improvements that the taxing 17,921
authority of the subdivision may include in a single bond issue; 17,922
(G) For the general construction, reconstruction, 17,924
resurfacing, and repair of streets, roads, and bridges in 17,925
municipal corporations, counties, or townships; 17,926
(H) For recreational purposes; 17,928
(I) For the purpose of providing and maintaining fire 17,930
apparatus, appliances, buildings, or sites therefor, or sources 17,931
of water supply and materials therefor, or the establishment and 17,932
maintenance of lines of fire alarm telegraph, or the payment of 17,933
permanent, part-time, or volunteer firefighters or fire-fighting 17,935
companies to operate the same, including the payment of the 17,936
firefighters employer's FIREFIGHTER EMPLOYERS' contribution 17,938
required under section 742.34 of the Revised Code, or to purchase 17,940
ambulance equipment, or to provide ambulance, paramedic, or other 17,941
emergency medical services operated by a fire department or 17,942
fire-fighting company;
(J) For the purpose of providing and maintaining motor 17,944
vehicles, communications, and other equipment used directly in 17,945
the operation of a police department, or the payment of salaries 17,946
of permanent police personnel, including the payment of the 17,947
police employer's OFFICER EMPLOYERS' contribution required under 17,949
section 742.33 of the Revised Code, or the payment of the costs 17,950
incurred by townships as a result of contracts made with other 17,951
political subdivisions in order to obtain police protection, or 17,952
to provide ambulance or emergency medical services operated by a 17,953
police department; 17,954
(K) For the maintenance and operation of a county home; 17,956
407
(L) For community mental retardation and developmental 17,958
disabilities programs and services pursuant to Chapter 5126. of 17,959
the Revised Code, except that the procedure for such levies shall 17,960
be as provided in section 5705.222 of the Revised Code; 17,961
(M) For regional planning; 17,963
(N) For a county's share of the cost of maintaining and 17,965
operating schools, district detention homes, forestry camps, or 17,966
other facilities, or any combination thereof established under 17,967
section 2151.34 or 2151.65 of the Revised Code or both of those 17,968
sections; 17,969
(O) For providing for flood defense, providing and 17,971
maintaining a flood wall or pumps, and other purposes to prevent 17,972
floods; 17,973
(P) For maintaining and operating sewage disposal plants 17,975
and facilities; 17,976
(Q) For the purpose of purchasing, acquiring, 17,978
constructing, enlarging, improving, equipping, repairing, 17,979
maintaining, or operating, or any combination of the foregoing, a 17,980
county transit system pursuant to sections 306.01 to 306.13 of 17,981
the Revised Code, or to make any payment to a board of county 17,982
commissioners operating a transit system or a county transit 17,983
board pursuant to section 306.06 of the Revised Code; 17,984
(R) For the subdivision's share of the cost of acquiring 17,986
or constructing any schools, forestry camps, detention homes, or 17,987
other facilities, or any combination thereof under section 17,988
2151.34 or 2151.65 of the Revised Code or both of those sections; 17,989
(S) For the prevention, control, and abatement of air 17,991
pollution; 17,992
(T) For maintaining and operating cemeteries; 17,994
(U) For providing ambulance service, emergency medical 17,996
service, or both; 17,997
(V) For providing for the collection and disposal of 17,999
garbage or refuse, including yard waste; 18,000
(W) For the payment of the police employer's OFFICER 18,002
408
EMPLOYERS' contribution or the firefighters employer's 18,004
FIREFIGHTER EMPLOYERS' contribution required under sections 18,007
742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage 18,009
improvement pursuant to section 6131.52 of the Revised Code; 18,010
(Y) For providing or maintaining senior citizens services 18,012
or facilities as authorized by section 307.694, 307.85, 505.70, 18,013
505.706, or division (EE) of section 717.01 of the Revised Code; 18,014
(Z) For the provision and maintenance of zoological park 18,016
services and facilities as authorized under section 307.76 of the 18,017
Revised Code; 18,018
(AA) For the maintenance and operation of a free public 18,020
museum of art, science, or history; 18,021
(BB) For the establishment and operation of a 9-1-1 18,023
system, as defined in section 4931.40 of the Revised Code; 18,024
(CC) For the purpose of acquiring, rehabilitating, or 18,026
developing rail property or rail service. As used in this 18,027
division, "rail property" and "rail service" have the same 18,028
meanings as in section 4981.01 of the Revised Code. This 18,029
division applies only to a county, township, or municipal 18,030
corporation. 18,031
(DD) For the purpose of acquiring property for, 18,033
constructing, operating, and maintaining community centers as 18,034
provided for in section 755.16 of the Revised Code; 18,035
(EE) For the creation and operation of an office or joint 18,037
office of economic development, for any economic development 18,038
purpose of the office, and to otherwise provide for the 18,039
establishment and operation of a program of economic development 18,040
pursuant to sections 307.07 and 307.64 of the Revised Code; 18,041
(FF) For the purpose of acquiring, establishing, 18,043
constructing, improving, equipping, maintaining, or operating, or 18,044
any combination of the foregoing, a township airport, landing 18,045
field, or other air navigation facility pursuant to section 18,046
505.15 of the Revised Code; 18,047
409
(GG) For the payment of costs incurred by a township as a 18,049
result of a contract made with a county pursuant to section 18,050
505.263 of the Revised Code in order to pay all or any part of 18,051
the cost of constructing, maintaining, repairing, or operating a 18,052
water supply improvement; 18,053
(HH) For a board of township trustees to acquire, other 18,055
than by appropriation, an ownership interest in land, water, or 18,056
wetlands, or to restore or maintain land, water, or wetlands in 18,057
which the board has such an interest, not for purposes of 18,058
recreation, but for the purposes of protecting and preserving the 18,059
natural, scenic, open, or wooded condition of the land, water, or 18,060
wetlands against modification or encroachment resulting from 18,061
occupation, development, or other use, which may be styled as 18,062
protecting or preserving "greenspace" in the resolution, notice 18,063
of election, or ballot form; 18,064
(II) For the support by a county of a crime victim 18,066
assistance program that is provided and maintained by a county 18,067
agency or a private, nonprofit corporation or association under 18,068
section 307.62 of the Revised Code; 18,069
(JJ) For any or all of the purposes set forth in divisions 18,071
(I) and (J) of this section. This division applies only to a 18,072
township. 18,073
(KK) For a countywide public safety communications system 18,075
under section 307.63 of the Revised Code. This division applies 18,076
only to counties. 18,077
(LL) For the support by a county of criminal justice 18,079
services under section 307.45 of the Revised Code; 18,080
(MM) For the purpose of maintaining and operating a jail 18,082
or other detention facility as defined in section 2921.01 of the 18,083
Revised Code; 18,084
(NN) For purchasing, maintaining, or improving, or any 18,086
combination of the foregoing, real estate on which to hold 18,087
agricultural fairs. This division applies only to a county. 18,088
(OO) For constructing, rehabilitating, repairing, or 18,090
410
maintaining sidewalks, walkways, trails, bicycle pathways, or 18,091
similar improvements, or acquiring ownership interests in land 18,092
necessary for the foregoing improvements, by a board of township 18,093
trustees;
(PP) For both of the purposes set forth in divisions (G) 18,095
and (OO) of this section. This division applies only to a 18,096
township.
(QQ) For the legislative authority of a municipal 18,098
corporation, board of county commissioners of a county, or board 18,099
of township trustees of a township to acquire agricultural 18,100
easements, as defined in section 5301.67 of the Revised Code, and 18,102
to supervise and enforce the easements. 18,103
The resolution shall be confined to the purpose or purposes 18,105
described in one division of this section, to which the revenue 18,106
derived therefrom shall be applied. The existence in any other 18,107
division of this section of authority to levy a tax for any part 18,108
or all of the same purpose or purposes does not preclude the use 18,109
of such revenues for any part of the purpose or purposes of the 18,110
division under which the resolution is adopted. 18,111
The resolution shall specify the amount of the increase in 18,113
rate that it is necessary to levy, the purpose thereof, and the 18,114
number of years during which the increase in rate shall be in 18,115
effect, which may or may not include a levy upon the duplicate of 18,116
the current year. The number of years may be any number not 18,117
exceeding five, except as follows: 18,118
(1) When the additional rate is for the payment of debt 18,120
charges, the increased rate shall be for the life of the 18,121
indebtedness. 18,122
(2) When the additional rate is for any of the following, 18,124
the increased rate shall be for a continuing period of time: 18,125
(a) For the current expenses for a detention home 18,127
district, a district organized under section 2151.65 of the 18,128
Revised Code, or a combined district organized under sections 18,129
2151.34 and 2151.65 of the Revised Code; 18,130
411
(b) For providing a county's share of the cost of 18,132
maintaining and operating schools, district detention homes, 18,133
forestry camps, or other facilities, or any combination thereof, 18,134
established under section 2151.34 or 2151.65 of the Revised Code 18,135
or under both of those sections. 18,136
(3) When the additional rate is for any of the following, 18,138
the increased rate may be for a continuing period of time: 18,139
(a) For the purposes set forth in division (I), (J), (U), 18,141
or (KK) of this section; 18,142
(b) For the maintenance and operation of a joint 18,144
recreation district; 18,145
(c) A levy imposed by a township for the purposes set 18,147
forth in division (G) of this section. 18,148
(4) When the increase is for the purpose set forth in 18,150
division (D) or (CC) of this section or for both of the purposes 18,151
set forth in divisions (G) and (OO) of this section, the tax levy 18,152
may be for any specified number of years or for a continuing 18,154
period of time, as set forth in the resolution. 18,155
(5) When the additional rate is for the purpose described 18,157
in division (Z) of this section, the increased rate shall be for 18,158
any number of years not exceeding ten. 18,159
A levy for the purposes set forth in division (I), (J), or 18,161
(U) of this section, and a levy imposed by a township for the 18,162
purposes set forth in division (G) of this section, may be 18,163
reduced pursuant to section 5705.261 or 5705.31 of the Revised 18,164
Code. A levy for the purposes set forth in division (I), (J), or 18,165
(U) of this section, and a levy imposed by a township for the 18,166
purposes set forth in division (G) of this section, may also be 18,167
terminated or permanently reduced by the taxing authority if it 18,168
adopts a resolution stating that the continuance of the levy is 18,169
unnecessary and the levy shall be terminated or that the millage 18,170
is excessive and the levy shall be decreased by a designated 18,171
amount. 18,172
A resolution of a detention home district, a district 18,174
412
organized under section 2151.65 of the Revised Code, or a 18,175
combined district organized under both sections 2151.34 and 18,176
2151.65 of the Revised Code may include both current expenses and 18,177
other purposes, provided that the resolution shall apportion the 18,178
annual rate of levy between the current expenses and other 18,179
purpose or purposes. The apportionment need not be the same for 18,180
each year of the levy, but the respective portions of the rate 18,181
actually levied each year for the current expenses and the other 18,182
purpose or purposes shall be limited by the apportionment. 18,183
Whenever a board of county commissioners, acting either as 18,185
the taxing authority of its county or as the taxing authority of 18,186
a sewer district or subdistrict created under Chapter 6117. of 18,187
the Revised Code, by resolution declares it necessary to levy a 18,188
tax in excess of the ten-mill limitation for the purpose of 18,189
constructing, improving, or extending sewage disposal plants or 18,190
sewage systems, the tax may be in effect for any number of years 18,191
not exceeding twenty, and the proceeds thereof, notwithstanding 18,192
the general provisions of this section, may be used to pay debt 18,193
charges on any obligations issued and outstanding on behalf of 18,194
the subdivision for the purposes enumerated in this paragraph, 18,195
provided that any such obligations have been specifically 18,196
described in the resolution. 18,197
The resolution shall go into immediate effect upon its 18,199
passage, and no publication of the resolution is necessary other 18,200
than that provided for in the notice of election. 18,201
When the electors of a subdivision have approved a tax levy 18,203
under this section, the taxing authority of the subdivision may 18,204
anticipate a fraction of the proceeds of the levy and issue 18,205
anticipation notes in accordance with section 5705.191 or 18,206
5705.193 of the Revised Code. 18,207
Sec. 5731.09. (A) Except as provided in division (B) of 18,217
this section, the value of the gross estate includes the value of 18,218
an annuity or other payment receivable by a beneficiary by reason 18,219
of surviving the decedent under any form of contract or agreement 18,220
413
under which an annuity or similar payment was payable to the 18,221
decedent, or the decedent possessed the right to receive such 18,222
annuity or payment, either alone or in conjunction with another, 18,223
for the decedent's life or for any period not ascertainable 18,224
without reference to the decedent's death, or for any period 18,225
which does not in fact end before the decedent's death. 18,226
However, the value of the gross estate includes only such 18,228
part of the value of the annuity or other payment receivable 18,229
under the contract or agreement as is proportionate to that part 18,230
of the purchase price of the contract or agreement contributed by 18,231
the decedent. The value of the gross estate does not include the 18,233
part of the value of the annuity or other payment as is
proportionate to the part of the purchase price of the contract 18,234
or agreement contributed by the employer or former employer of 18,235
the decedent, whether to an employee's trust or fund forming part 18,236
of a pension, annuity, retirement, bonus, or profit-sharing plan 18,237
or otherwise, if the contributions were made by reason of the 18,238
decedent's employment.
(B) The value of the gross estate does not include the 18,240
value of a pension or annuity accruing to any person under 18,242
federal employment, including service in the armed forces, or the 18,243
value of an annuity or other payment from the OHIO police and 18,244
firemen's disability and FIRE pension fund created by section 18,245
742.02 of the Revised Code, the firemen and policemen's OHIO 18,246
PUBLIC SAFETY OFFICERS death benefit fund created by section 18,248
742.62 of the Revised Code, the state highway patrol retirement 18,249
system created by section 5505.02 of the Revised Code, the public 18,250
employees retirement system created by section 145.03 of the 18,251
Revised Code, the state teachers retirement system created by 18,252
section 3307.03 of the Revised Code, and the school employees 18,253
retirement system created by section 3309.03 of the Revised Code. 18,254
Sec. 5747.071. (A) As used in this section: 18,263
(1) "Retirement system" means the public employees 18,265
retirement system, state teachers retirement system, school 18,266
414
employees retirement system, OHIO police and firemen's disability 18,268
and FIRE pension fund, state highway patrol retirement system, 18,269
and any municipal retirement system. 18,270
(2) "Benefits" means all annuities, allowances, pensions, 18,272
and other benefits paid by a retirement system. 18,273
(3) "Recipient" means any person receiving benefits from a 18,275
retirement system. 18,276
(B) Any recipient may request his THE RECIPIENT'S 18,278
retirement system to deduct and withhold from his THE RECIPIENT'S 18,280
benefits an amount during the calendar year reasonably estimated 18,282
to be equal to the tax due from the recipient under this chapter 18,283
for the year with respect to his THE RECIPIENT'S benefits from 18,284
the retirement system that are included in his THE RECIPIENT'S 18,285
adjusted gross income. The request shall be made pursuant to an 18,287
application filed with the retirement system, on a form the
system shall supply, and shall include the estimate of the 18,288
recipient of the amount of state income taxes that will be due in 18,289
the ensuing calendar year with respect to the benefits from the 18,290
retirement system. 18,291
(C) A retirement system with which an application is filed 18,293
under this section, commencing with the calendar year following 18,294
the year in which the application is filed, shall withhold from 18,295
the benefits of the recipient an amount that equals for the 18,296
calendar year, the amount of taxes that the recipient estimated 18,297
would be due for the year. The amount to be withheld for a 18,298
calendar year shall be apportioned throughout the calendar year. 18,299
(D) A recipient may submit an amended application to 18,301
increase or decrease the amount that will be withheld by the 18,302
retirement system in an ensuing year. 18,303
(E) A retirement system that withholds a portion of the 18,305
benefits of a recipient under this section shall file returns and 18,306
pay the amounts withheld in accordance with the requirements of 18,307
section 5747.07 of the Revised Code. 18,308
(F) Every retirement system required to deduct and 18,310
415
withhold tax from benefits pursuant to this section shall furnish 18,311
to the recipient, with respect to the benefits paid to him THE 18,312
RECIPIENT during the calendar year, on or before the thirty-first 18,313
day of January of the succeeding year, a written statement 18,314
showing the amount of benefits deducted and withheld as state 18,315
income tax, and such other information as the tax commissioner 18,316
requires.
(G) A retirement system may adopt rules governing 18,318
withholding under this section. 18,319
Sec. 6121.15. All water development revenue bonds issued 18,328
under this chapter are lawful investments of banks, societies for 18,329
savings, savings and loan associations, deposit guarantee 18,330
associations, trust companies, trustees, fiduciaries, insurance 18,331
companies, including domestic for life and domestic not for life, 18,332
trustees or other officers having charge of sinking and bond 18,333
retirement or other special funds of political subdivisions and
taxing districts of this state, the commissioners of the sinking 18,334
fund of the state, the administrator of workers' compensation, 18,335
the state teachers retirement system, the public employees 18,336
retirement system, the public school employees retirement system, 18,338
and the OHIO police and firemen's disability and FIRE pension 18,340
fund, and are acceptable as security for the deposit of public 18,341
moneys.
Sec. 6123.15. All development revenue bonds issued under 18,350
this chapter are lawful investments of banks, societies for 18,351
savings, savings and loan associations, deposit guarantee 18,352
associations, trust companies, trustees, fiduciaries, insurance 18,353
companies, including domestic for life and domestic not for life, 18,354
trustees or other officers having charge of sinking and bond
retirement or other special funds of political subdivisions and 18,355
taxing districts of this state, the commissioners of the sinking 18,356
fund of the state, the administrator of workers' compensation, 18,357
the state teachers retirement system, the public employees 18,358
retirement system, the school employees retirement system, and 18,359
416
the OHIO police and firemen's disability and FIRE pension fund, 18,360
and are acceptable as security for the deposit of public moneys. 18,361
Section 2. That existing sections 9.82, 124.41, 124.42, 18,363
133.03, 133.05, 145.01, 145.012, 145.02, 145.293, 145.295, 18,364
145.30, 145.31, 145.38, 145.58, 145.581, 146.01, 154.13, 164.09, 18,365
165.08, 166.08, 171.01, 171.03, 171.05, 175.09, 306.09, 306.85, 18,366
351.11, 505.38, 709.012, 717.07, 737.15, 737.16, 737.22, 742.01, 18,367
742.02, 742.03, 742.04, 742.05, 742.06, 742.07, 742.08, 742.09, 18,368
742.10, 742.11, 742.111, 742.112, 742.12, 742.13, 742.14, 742.15, 18,369
742.16, 742.22, 742.221, 742.23, 742.24, 742.25, 742.251, 742.26, 18,370
742.27, 742.30, 742.301, 742.31, 742.311, 742.32, 742.33, 742.34, 18,372
742.35, 742.36, 742.361, 742.362, 742.37, 742.371, 742.372, 18,373
742.373, 742.374, 742.375, 742.376, 742.379, 742.3711, 742.3712, 18,374
742.3713, 742.3714, 742.3715, 742.3716, 742.3717, 742.3718, 18,375
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, 18,376
742.51, 742.511, 742.512, 742.513, 742.514, 742.515, 742.516, 18,377
742.52, 742.521, 742.53, 742.55, 742.56, 742.57, 742.58, 742.59, 18,378
742.60, 742.61, 742.62, 742.63, 902.10, 1555.08, 1557.03, 18,379
2329.66, 2907.15, 2921.41, 3111.20, 3113.21, 3307.28, 3307.32, 18,380
3307.33, 3307.381, 3307.412, 3307.74, 3309.26, 3309.31, 3309.341, 18,381
3309.351, 3309.69, 3318.26, 3345.12, 3366.04, 3377.11, 3706.14, 18,382
3729.01, 3737.947, 4582.44, 4981.15, 4981.19, 5505.161, 5505.201, 18,383
5505.28, 5528.54, 5531.10, 5537.08, 5540.06, 5705.19, 5731.09, 18,384
5747.071, 6121.15, and 6123.15 of the Revised Code are hereby 18,385
repealed.
Section 3. (A) Whenever the Police and Firemen's 18,387
Disability and Pension Fund is referred to in any law, contract, 18,388
or other document, the reference is hereby deemed to refer to the 18,389
Ohio Police and Fire Pension Fund.
(B) Whenever the Firemen's Contribution Fund is referred 18,391
to in any law, contract, or other document, the reference is 18,392
hereby deemed to refer to the Firefighters' Contribution Fund. 18,393
(C) Whenever the Firemen Employers' Contribution Fund is 18,395
417
referred to in any law, contract, or other document, the 18,396
reference is hereby deemed to refer to the Firefighter Employers' 18,397
Contribution Fund.
(D) Whenever the Firemen's Pension Reserve Fund is 18,399
referred to in any law, contract, or other document, the 18,400
reference is hereby deemed to refer to the Firefighters' Pension 18,401
Reserve Fund.
(E) Whenever the Policemen's Contribution Fund is referred 18,403
to in any law, contract, or other document, the reference is 18,404
hereby deemed to refer to the Police Officers' Contribution Fund. 18,405
(F) Whenever the Policemen Employers' Contribution Fund is 18,407
referred to in any law, contract, or other document, the 18,408
reference is hereby deemed to refer to the Police Officer 18,409
Employers' Contribution Fund.
(G) Whenever the Policemen's Pension Reserve Fund is 18,411
referred to in any law, contract, or other document, the 18,412
reference is hereby deemed to refer to the Police Officers' 18,413
Pension Reserve Fund.
(H) Whenever the Firemen and Policemen's Death Benefit 18,415
Fund is referred to in any law, contract, or other document, the 18,416
reference is hereby deemed to refer to the Ohio Public Safety 18,417
Officers Death Benefit Fund.
Section 4. Section 166.08 of the Revised Code is presented 18,419
in this act as a composite of the section as amended by both Am. 18,420
Sub. H.B. 538 and Am. Sub. S.B. 310 of the 121st General 18,422
Assembly, with the new language of neither of the acts shown in 18,423
capital letters. Section 306.09 of the Revised Code is presented 18,424
in this act as a composite of the section as amended by both Am. 18,426
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. 18,428
Section 742.311 of the Revised Code is presented in this act as a 18,430
composite of the section as amended by both Sub. H.B. 670 and Am. 18,431
Sub. S.B. 82 of the 121st General Assembly, with the new language 18,432
of neither of the acts shown in capital letters. Section 742.41 18,434
418
of the Revised Code is presented in this act as a composite of 18,435
the section as amended by both Am. Sub. H.B. 627 and Am. Sub. 18,436
H.B. 668 of the 121st General Assembly, with the new language of 18,437
neither of the acts shown in capital letters. Section 2329.66 of 18,438
the Revised Code is presented in this act as a composite of the 18,439
section as amended by both Am. Sub. H.B. 108 and Am. Sub. S.B. 18,440
170 of the 122nd General Assembly, with the new language of 18,441
neither of the acts shown in capital letters. This is in 18,442
recognition of the principle stated in division (B) of section 18,443
1.52 of the Revised Code that such amendments are to be 18,444
harmonized where not substantively irreconcilable and constitutes 18,445
a legislative finding that such is the resulting version in 18,446
effect prior to the effective date of this act. 18,447