As Passed by the Senate 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-SENATORS BLESSING-DRAKE-McLIN-MUMPER-WATTS-SPADA 11
_________________________________________________________________ 13
A B I L L
To amend sections 9.82, 124.41, 124.42, 133.03, 15
133.05, 145.01, 145.012, 145.02, 145.293, 16
145.295, 145.30, 145.31, 145.38, 145.58, 145.581, 17
146.01, 154.13, 164.09, 165.08, 166.08, 171.01,
171.03, 171.05, 175.09, 306.09, 306.85, 351.11, 18
505.38, 709.012, 717.07, 737.15, 737.16, 737.22, 19
742.01, 742.02, 742.03, 742.04, 742.05, 742.06, 20
742.07, 742.08, 742.09, 742.10, 742.11, 742.111,
742.112, 742.12, 742.13, 742.14, 742.15, 742.16, 21
742.22, 742.221, 742.23, 742.24, 742.25, 742.251, 22
742.26, 742.27, 742.30, 742.301, 742.31, 742.311, 23
742.32, 742.33, 742.34, 742.35, 742.36, 742.361, 24
742.362, 742.37, 742.371, 742.372, 742.373, 25
742.374, 742.375, 742.376, 742.379, 742.3711,
742.3712, 742.3713, 742.3714, 742.3715, 742.3716, 26
742.3717, 742.3718, 742.3719, 742.38, 742.381, 27
742.39, 742.40, 742.41, 742.42, 742.43, 742.44,
742.45, 742.46, 742.461, 742.47, 742.48, 742.50, 28
742.51, 742.511, 742.512, 742.513, 742.514, 29
742.515, 742.516, 742.52, 742.521, 742.53, 30
742.55, 742.56, 742.57, 742.58, 742.59, 742.60,
742.61, 742.62, 742.63, 902.10, 1555.08, 1557.03, 31
2329.66, 2907.15, 2921.41, 3111.20, 3113.21, 32
3307.28, 3307.32, 3307.33, 3307.381, 3307.412,
2
3307.74, 3309.26, 3309.31, 3309.341, 3309.351, 33
3309.69, 3318.26, 3345.12, 3366.04, 3377.11, 34
3706.14, 3729.01, 3737.947, 4582.44, 4981.15,
4981.19, 5505.161, 5505.201, 5505.28, 5528.54, 35
5531.10, 5537.08, 5540.06, 5705.19, 5731.09, 36
5747.071, 6121.15, and 6123.15 of the Revised
Code to change the name of the Police and 37
Firemen's Disability and Pension Fund to the Ohio 38
Police and Fire Pension Fund and the name of the
Firemen and Policemen's Death Benefit Fund to the 39
Ohio Public Safety Officers Death Benefit Fund. 40
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 42
Section 1. That sections 9.82, 124.41, 124.42, 133.03, 44
133.05, 145.01, 145.012, 145.02, 145.293, 145.295, 145.30, 45
145.31, 145.38, 145.58, 145.581, 146.01, 154.13, 164.09, 165.08, 46
166.08, 171.01, 171.03, 171.05, 175.09, 306.09, 306.85, 351.11, 47
505.38, 709.012, 717.07, 737.15, 737.16, 737.22, 742.01, 742.02, 48
742.03, 742.04, 742.05, 742.06, 742.07, 742.08, 742.09, 742.10, 49
742.11, 742.111, 742.112, 742.12, 742.13, 742.14, 742.15, 742.16, 50
742.22, 742.221, 742.23, 742.24, 742.25, 742.251, 742.26, 742.27, 51
742.30, 742.301, 742.31, 742.311, 742.32, 742.33, 742.34, 742.35, 53
742.36, 742.361, 742.362, 742.37, 742.371, 742.372, 742.373, 54
742.374, 742.375, 742.376, 742.379, 742.3711, 742.3712, 742.3713, 55
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, 56
742.45, 742.46, 742.461, 742.47, 742.48, 742.50, 742.51, 742.511, 57
742.512, 742.513, 742.514, 742.515, 742.516, 742.52, 742.521, 58
742.53, 742.55, 742.56, 742.57, 742.58, 742.59, 742.60, 742.61, 59
742.62, 742.63, 902.10, 1555.08, 1557.03, 2329.66, 2907.15, 60
2921.41, 3111.20, 3113.21, 3307.28, 3307.32, 3307.33, 3307.381, 61
3307.412, 3307.74, 3309.26, 3309.31, 3309.341, 3309.351, 3309.69, 62
3318.26, 3345.12, 3366.04, 3377.11, 3706.14, 3729.01, 3737.947, 63
3
4582.44, 4981.15, 4981.19, 5505.161, 5505.201, 5505.28, 5528.54, 64
5531.10, 5537.08, 5540.06, 5705.19, 5731.09, 5747.071, 6121.15, 65
and 6123.15 of the Revised Code be amended to read as follows: 66
Sec. 9.82. As used in sections 9.82 to 9.83 of the Revised 75
Code: 76
(A) "State" means the state of Ohio, including, but not 78
limited to, the general assembly, the supreme court, the offices 79
of all elected state officers, and all departments, boards, 80
offices, commissions, agencies, institutions, and other 81
instrumentalities of the state of Ohio. "State" does not include 82
political subdivisions. 83
(B) "Political subdivision" means a county, city, village, 85
township, park district, or school district. 86
(C) "Personal property" means tangible personal property 88
owned, leased, controlled, or possessed by a state agency and 89
includes, but is not limited to, chattels, movable property, 90
merchandise, furniture, goods, livestock, vehicles, watercraft, 91
aircraft, movable machinery, movable tools, movable equipment, 92
general operating supplies, and media. 93
(D) "Media" means all active information processing 95
material, including all forms of data, program material, and 96
related engineering specifications employed in any state agency's 97
information processing operation. 98
(E) "Property" means real and personal property as defined 100
in divisions (C) and (F) of this section and any other property 101
in which the state determines it has an insurable interest. 102
(F) "Real property" means land or interests in land whose 104
title is vested in the state or that is under the control of the 105
state through a lease purchase agreement, installment purchase, 106
mortgage, lien, or otherwise, and includes, but is not limited 107
to, all buildings, structures, improvements, machinery, 108
equipment, or fixtures erected on, above, or under such land. 109
(G) "State agency" means every department, bureau, board, 111
commission, office, or other organized body established by the 112
4
constitution or laws of this state for the exercise of any 113
function of state government, the general assembly, all 114
legislative agencies, the supreme court, and the court of claims. 115
"State agency" does not include any state-supported institutions 116
of higher education, the public employees retirement system, the 117
OHIO police and fireman's disability and FIRE pension fund, the 119
state teachers retirement system, the school employees retirement 120
system, the state highway patrol retirement system, or the city 121
of Cincinnati retirement system. 122
Sec. 124.41. No person shall be eligible to receive an 131
original appointment to a police department, as a policeman or 132
policewoman POLICE OFFICER, subject to the civil service laws of 133
this state, unless he THE PERSON has reached the age of 135
twenty-one and has, not more than one hundred twenty days prior 137
to the date of such appointment, passed a physical examination, 138
given by a licensed physician, certifying that the applicant is 139
free of cardiovascular and pulmonary diseases, and showing that 140
he or she THE APPLICANT meets the physical requirements necessary 141
to perform the duties of a policeman or policewoman POLICE 143
OFFICER as established by the civil service commission having 145
jurisdiction over the appointment. The appointing authority 146
shall, prior to making any such appointment, file with the OHIO 147
police and firemen's disability and FIRE pension fund a copy of 149
the report or findings of the licensed physician. The
professional fee for such physical examination shall be paid by 150
the civil service commission. Except as otherwise provided in 151
this section, no person is eligible to receive an original 152
appointment when he THE PERSON is thirty-five years of age or 153
older, and no person can be declared disqualified as over age 155
prior to that time. The maximum age limitation established by 156
this section does not apply to a city in which an ordinance 157
establishes a different maximum age limitation for an original 158
appointment to the police department or to a civil service 159
township in which a resolution adopted by the board of trustees 160
5
of the township establishes a different maximum age limitation 161
for an original appointment to the police department. 162
Nothing in this section shall prevent a municipal 164
corporation or a civil service township from establishing a 165
police cadet program and employing persons as police cadets at 166
age eighteen for the purposes of training persons to become 167
policemen and policewomen POLICE OFFICERS. The board of trustees 169
of a civil service township may establish by resolution such a 170
cadet program. A person participating in a municipal or township 171
police cadet program shall not be permitted to carry or use any 172
firearm in the performance of his THE PERSON'S duties, except 173
that he THE PERSON may be taught the proper use of firearms as 174
part of his THE PERSON'S training. 175
Sec. 124.42. No person shall be eligible to receive an 184
original appointment as fireman A FIREFIGHTER in a fire 185
department, subject to the civil service laws of this state, 187
unless he THE PERSON has reached the age of eighteen and has, not 189
more than one hundred twenty days prior to receiving such 190
appointment, passed a physical examination, given by a licensed 191
physician, certifying that the applicant is free of 192
cardiovascular and pulmonary diseases, and showing that he THE 193
PERSON meets the physical requirements necessary to perform the 195
duties of a fireman FIREFIGHTER as established by the civil 196
service commission having jurisdiction over the appointment. The 197
appointing authority shall, prior to making any such appointment, 198
file with the OHIO police and firemen's disability and FIRE 200
pension fund a copy of the report or findings of said licensed 201
physician. The professional fee for such physical examination 202
shall be paid by the civil service commission. No person shall 203
be eligible to receive an original appointment on and after his 204
THE PERSON'S thirty-first birthday. 205
Notwithstanding this section, a municipal council may enact 207
an ordinance providing that a person between the age of eighteen 208
and thirty-six may receive an original appointment to the fire 209
6
department, or the board of trustees of a civil service township 210
may do so by resolution. Nothing in this section shall prevent a 211
municipal corporation or civil service township from establishing 212
a fire cadet program and employing persons as fire cadets at age 213
eighteen for the purpose of training persons to become fire 214
fighters FIREFIGHTERS. The board of trustees of a civil service 215
township may establish by resolution such a cadet program. A 217
person participating in a municipal or township fire cadet 218
program shall not be permitted to carry or use any firearm in the 219
performance of his THE PERSON'S duties. 220
Sec. 133.03. (A) Chapter 133. securities are: 229
(1) Lawful investments for banks, savings and loan 231
associations, credit union share guaranty corporations, trust 232
companies, trustees, fiduciaries, insurance companies, including 233
domestic for life and domestic not for life, trustees or other 234
officers having charge of sinking and bond retirement or other 235
funds of the state, subdivisions, and taxing districts, the 236
commissioners of the sinking fund of the state, the administrator 237
of workers' compensation, the state teachers, public employees, 238
and school employees retirement systems, and the OHIO police and 239
firemen's disability and FIRE pension fund, notwithstanding any 241
other provisions of the Revised Code or rules adopted pursuant to 243
those provisions by any agency of the state with respect to 244
investments by them;
(2) Eligible as security for the repayment of the deposit 246
of public moneys. 247
(B) Section 9.96 of the Revised Code applies to Chapter 249
133. securities notwithstanding any other provision in this 250
chapter. 251
(C) A subdivision may enter into an agreement with an 253
agency, including a commission, officer, board, authority, or 254
other instrumentality, of the state or of the federal government 255
for the issuance and sale of Chapter 133. securities to that 256
agency for purposes for which the subdivision is otherwise 257
7
authorized to issue those securities, and may issue and sell 258
those securities under procedures and having terms, other than 259
those provided in other sections of this chapter, that comply 260
with that agreement and the rules of that agency. 261
(D) A subdivision may not issue securities for the purpose 263
of paying current expenses except for securities authorized to be 264
issued for that purpose by this chapter or other laws. 265
(E) The purpose of Chapter 133. securities may be stated 267
in general terms, such as "street improvements," or "park 268
improvements," or "extension and improvement of the waterworks 269
system," or "school improvements." Any legislation submitting 270
to the electors the question of issuing securities and the 271
published notice of that election, and the legislation 272
specifically authorizing securities, shall generally identify the 273
permanent improvements included in the purpose. 274
(F) Securities issued pursuant to section 133.13 of the 276
Revised Code may include amounts to pay financing costs relating 277
to those securities. 278
(G) As used in this chapter, with respect to public 280
obligations: 281
(1) "Principal amount" means the aggregate of the amount 283
as stated or provided for in the legislation authorizing the 284
public obligations as the amount on which interest or interest 285
equivalent is initially calculated. 286
(2) "Principal payments" means the payments of or on 288
account of the principal amount as defined in division (G)(1) of 289
this section. 290
(H) Interest or interest equivalent on public obligations 292
may be paid or compounded at such time as shall be provided in 293
the legislation authorizing the public obligations. 294
Sec. 133.05. (A) A municipal corporation shall not incur 303
net indebtedness that exceeds an amount equal to ten and one-half 304
per cent of its tax valuation, or incur without a vote of the 305
electors net indebtedness that exceeds an amount equal to five 306
8
and one-half per cent of that tax valuation. 307
(B) In calculating the net indebtedness of a municipal 309
corporation, none of the following securities shall be 310
considered: 311
(1) Self-supporting securities issued for any purposes 313
including, without limitation, any of the following general 314
purposes: 315
(a) Water systems or facilities; 317
(b) Sanitary sewerage systems or facilities, or surface 319
and storm water drainage and sewerage systems or facilities, or a 320
combination of those systems or facilities; 321
(c) Electric plants and facilities and steam or 323
cogeneration facilities that generate or supply electricity, or 324
steam and electrical or steam distribution systems and lines; 325
(d) Airports or landing fields or facilities; 327
(e) Railroads, rapid transit, and other mass transit 329
systems; 330
(f) Off-street parking lots, facilities, or buildings, or 332
on-street parking facilities, or any combination of off-street 333
and on-street parking facilities; 334
(g) Facilities for the care or treatment of the sick or 336
infirm, and for housing the persons providing such care or 337
treatment and their families; 338
(h) Solid waste or hazardous waste collection or disposal 340
facilities, or resource recovery and solid or hazardous waste 341
recycling facilities, or any combination of those facilities; 342
(i) Urban redevelopment projects; 344
(j) Recreational, sports, convention, auditorium, museum, 346
trade show, and other public attraction facilities; 347
(k) Facilities for natural resources exploration, 349
development, recovery, use, and sale; 350
(l) Correctional and detention facilities, including 352
multicounty-municipal jails, and related rehabilitation 353
facilities. 354
9
(2) Securities issued for the purpose of purchasing, 356
constructing, improving, or extending water or sanitary or 357
surface and storm water sewerage systems or facilities, or a 358
combination of those systems or facilities, to the extent that an 359
agreement entered into with another subdivision requires the 360
other subdivision to pay to the municipal corporation amounts 361
equivalent to debt charges on the securities; 362
(3) Securities issued under order of the director of 364
health or director of environmental protection under section 365
6109.18 of the Revised Code; 366
(4) Securities issued under Section 3, 10, or 12 of 368
Article XVIII, Ohio Constitution; 369
(5) Securities that are not general obligations of the 371
municipal corporation; 372
(6) Voted securities issued for the purposes of urban 374
redevelopment to the extent that their principal amount does not 375
exceed an amount equal to two per cent of the tax valuation of 376
the municipal corporation; 377
(7) Unvoted general obligation securities to the extent 379
that the legislation authorizing them includes covenants to 380
appropriate annually from lawfully available municipal income 381
taxes or other municipal excises or taxes, including taxes 382
referred to in section 701.06 of the Revised Code but not 383
including ad valorem property taxes, and to continue to levy and 385
collect those municipal income taxes or other applicable excises 386
or taxes in, amounts necessary to meet the debt charges on those 387
securities, which covenants are hereby authorized; 388
(8) Self-supporting securities issued prior to July 1, 390
1977, under this chapter for the purpose of municipal university 391
residence halls to the extent that revenues of the successor 392
state university allocated to debt charges on those securities, 393
from sources other than municipal excises and taxes, are 394
sufficient to pay those debt charges; 395
(9) Securities issued for the purpose of acquiring or 397
10
constructing roads, highways, bridges, or viaducts, for the 398
purpose of acquiring or making other highway permanent 399
improvements, or for the purpose of procuring and maintaining 400
computer systems for the office of the clerk of the municipal 401
court to the extent that the legislation authorizing the issuance 402
of the securities includes a covenant to appropriate from money 403
distributed to the municipal corporation pursuant to Chapter 404
4501., 4503., 4504., or 5735. of the Revised Code a sufficient 405
amount to cover debt charges on and financing costs relating to 406
the securities as they become due; 407
(10) Securities issued for the purpose of providing some 409
or all of the funds required to satisfy the municipal 410
corporation's obligation under an agreement with the board of 411
trustees of the OHIO police and firemen's disability and FIRE 413
pension fund under section 742.30 of the Revised Code.; 414
(11) Securities issued for the acquisition, construction, 416
equipping, and improving of a municipal educational and cultural 417
facility under division (B)(2) of section 307.672 of the Revised 418
Code; 419
(12) Securities issued for energy conservation measures 421
under section 717.02 of the Revised Code.; 422
(13) Securities that are obligations issued to pay costs 424
of a sports facility under section 307.673 of the Revised Code. 425
(C) In calculating the net indebtedness of a municipal 427
corporation, no obligation incurred under division (C) of section 428
749.08 of the Revised Code shall be considered. 429
Sec. 145.01. As used in this chapter: 438
(A) "Public employee" means: 440
(1) Any person holding an office, not elective, under the 442
state or any county, township, municipal corporation, park 443
district, conservancy district, sanitary district, health 444
district, metropolitan housing authority, state retirement board, 445
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 446
11
university, or board, bureau, commission, council, committee, 447
authority, or administrative body as the same are, or have been, 448
created by action of the general assembly or by the legislative 449
authority of any of the units of local government named in 450
division (A)(1) of this section, or employed and paid in whole or 451
in part by the state or any of the authorities named in division 452
(A)(1) of this section in any capacity not covered by section 454
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees 456
retirement system and who continues to perform the same or 458
similar duties under the direction of a contractor who has 459
contracted to take over what before the date of the contract was 460
a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the 461
purposes of administering this chapter. 462
(3) Any person who is an employee of a public employer, 464
notwithstanding that the person's compensation for that 465
employment is derived from funds of a person or entity other than 466
the employer. Credit for such service shall be included as total 467
service credit, provided that the employee makes the payments 468
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 469
In all cases of doubt, the public employees retirement 471
board shall determine whether any person is a public employee, 472
and its decision is final.
(B) "Member" means any public employee, other than a 474
public employee excluded or exempted from membership in the 475
retirement system by section 145.03, 145.031, 145.032, 145.033, 476
145.034, 145.035, or 145.38 of the Revised Code. "Member" 477
includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also 478
includes a disability benefit recipient. 479
(C) "Head of the department" means the elective or 481
appointive head of the several executive, judicial, and 482
12
administrative departments, institutions, boards, and commissions 483
of the state and local government as the same are created and 484
defined by the laws of this state or, in case of a charter
government, by that charter. 485
(D) "Employer" or "public employer" means the state or any 487
county, township, municipal corporation, park district, 488
conservancy district, sanitary district, health district, 489
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 490
cemetery, joint hospital, institutional commissary, state medical 491
college, state university, or board, bureau, commission, council, 492
committee, authority, or administrative body as the same are, or 493
have been, created by action of the general assembly or by the 494
legislative authority of any of the units of local government
named in this division not covered by section 3307.01 or 3309.01 495
of the Revised Code. In addition, "employer" means the employer 496
of any public employee.
(E) "Prior service" means all service as a public employee 498
rendered before January 1, 1935, and all service as an employee 499
of any employer who comes within the state teachers retirement 500
system or of the school employees retirement system or of any 501
other retirement system established under the laws of this state 502
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 503
other system after that other system was established, credit for 504
the service may be allowed by the public employees retirement 505
system only when the employee has made payment, to be computed on 506
the salary earned from the date of appointment to the date 507
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 508
employer has made payment of the corresponding full liability as 509
provided by section 145.44 of the Revised Code. "Prior service" 510
also means all service credited for active duty with the armed 511
forces of the United States as provided in section 145.30 of the 512
13
Revised Code.
If an employee who has been granted prior service credit by 514
the public employees retirement system for service rendered prior 515
to January 1, 1935, as an employee of a board of education 516
establishes, before retirement, one year or more of contributing 517
service in the state teachers retirement system or school 518
employees retirement system, then the prior service ceases to be
the liability of this system. 519
If the board determines that a position of any member in 521
any calendar year prior to January 1, 1935, was a part-time 522
position, the board shall determine what fractional part of a 523
year's credit shall be allowed by the following formula: 524
(1) When the member has been either elected or appointed 526
to an office the term of which was two or more years and for 527
which an annual salary is established, the fractional part of the 528
year's credit shall be computed as follows: 529
First, when the member's annual salary is one thousand 531
dollars or less, the service credit for each such calendar year 532
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 534
above one thousand dollars, the member's service credit for each 535
such calendar year shall be increased by two and one-half per 536
cent.
(2) When the member is paid on a per diem basis, the 538
service credit for any single year of the service shall be 539
determined by using the number of days of service for which the 540
compensation was received in any such year as a numerator and 541
using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the 543
service credit for any single year of the service shall be 544
determined by using the number of hours of service for which the 545
compensation was received in any such year as a numerator and 546
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 548
14
the employees' savings fund created by section 145.23 of the 549
Revised Code.
(G) "Beneficiary" or "beneficiaries" means the estate or a 551
person or persons who, as the result of the death of a member, 552
contributor, or retirant, qualify for or are receiving some right 553
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 555
section 145.37 of the Revised Code, means all service credited to 556
a member of the retirement system since last becoming a member, 557
including restored service credit as provided by section 145.31 558
of the Revised Code; credit purchased under sections 145.293 and 559
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 560
provided in this chapter; all service credit established pursuant 561
to section 145.297 of the Revised Code; and any other service 562
credited under this chapter. In addition, "total service credit" 563
includes any period, not in excess of three years, during which a 564
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 565
of satisfying the service credit requirement and of determining 566
eligibility for benefits under sections 145.32, 145.33, 145.331, 567
145.35, 145.36, and 145.361 of the Revised Code, "five or more 568
years of total service credit" means sixty or more calendar 569
months of contributing service in this system.
(2) "One and one-half years of contributing service 571
credit," as used in division (B) of section 145.45 of the Revised 572
Code, also means eighteen or more calendar months of employment 573
by a municipal corporation that formerly operated its own 574
retirement plan for its employees or a part of its employees, 575
provided that all employees of that municipal retirement plan who 576
have eighteen or more months of such employment, upon 577
establishing membership in the public employees retirement 578
system, shall make a payment of the contributions they would have 579
paid had they been members of this system for the eighteen months 580
15
of employment preceding the date membership was established. 581
When that payment has been made by all such employee members, a 583
corresponding payment shall be paid into the employers' 584
accumulation fund by that municipal corporation as the employer 585
of the employees. 586
(3) Where a member also is a member of the state teachers 588
retirement system or the school employees retirement system, or 589
both, except in cases of retirement on a combined basis pursuant 590
to section 145.37 of the Revised Code, service credit for any 591
period shall be credited on the basis of the ratio that
contributions to the public employees retirement system bear to 593
total contributions in all state retirement systems. 594
(4) Not more than one year of credit may be given for any 596
period of twelve months. 597
(5) "Ohio service credit" means credit for service that 599
was rendered to the state or any of its political subdivisions or 600
any employer.
(I) "Regular or current interest" means interest at any 602
rates for the respective funds and accounts as the public 603
employees retirement board may determine from time to time, 604
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 606
shall discontinue the annual crediting of current interest to the 607
individual accounts of contributors. The noncrediting of current 608
interest shall not affect the rate of interest at retirement 609
guaranteed under division (I) of this section. 610
(2) The rate of interest credited on a contributor's 612
contributions at retirement shall be four per cent per annum, 613
compounded annually, to and including December 31, 1955; three 614
per cent per annum, compounded annually, from January 1, 1956, to 615
and including December 31, 1963; three and one-quarter per cent 616
per annum, compounded annually, from January 1, 1964, to and 617
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 618
16
In determining the reserve value for the purpose of 620
computing the amount of the contributor's annuity, the rate of 621
interest used in the annuity values shall be four per cent per 622
annum, compounded annually, for contributors retiring before 623
October 1, 1956, and after December 31, 1969; three per cent per 624
annum, compounded annually, for contributors retiring between 626
October 1, 1956, and December 31, 1963; and three and one-quarter 627
per cent per annum, compounded annually, for contributors 628
retiring from January 1, 1964, to December 31, 1969. Interest on 629
contributions from contributors within any one calendar year 630
shall begin on the first day of the calendar year next following 631
and shall be computed at the end of each calendar year, except in 632
the case of a contributor who retires before the end of the year. 633
(J) "Accumulated contributions" means the sum of all 635
amounts credited to a contributor's individual account in the 636
employees' savings fund together with any current interest 637
thereon, but does not include the interest adjustment at 638
retirement. 639
(K)(1) "Final average salary" means the quotient obtained 641
by dividing by three the sum of the three full calendar years of 642
contributing service in which the member's earnable salary was 643
highest, except that if the member has a partial year of 644
contributing service in the year the member's employment 645
terminates and the member's earnable salary for the partial year 646
is higher than for any comparable period in the three years, the 647
member's earnable salary for the partial year shall be 648
substituted for the member's earnable salary for the comparable 649
period during the three years in which the member's earnable 650
salary was lowest.
(2) If a member has less than three years of contributing 652
service, the member's final average salary shall be the member's 653
total earnable salary divided by the total number of years, 654
including any fraction of a year, of the member's contributing 655
service.
17
(3) For the purpose of calculating benefits payable to a 657
member qualifying for service credit under division (Z) of this 658
section, "final average salary" means the total earnable salary 659
on which contributions were made divided by the total number of 660
years during which contributions were made, including any 661
fraction of a year. If contributions were made for less than 662
twelve months, "final average salary" means the member's total 663
earnable salary. 664
(L) "Annuity" means payments for life derived from 666
contributions made by a contributor and paid from the annuity and 667
pension reserve fund as provided in this chapter. All annuities 668
shall be paid in twelve equal monthly installments. 669
(M) "Annuity reserve" means the present value, computed 671
upon the basis of the mortality and other tables adopted by the 672
board, of all payments to be made on account of any annuity, or 673
benefit in lieu of any annuity, granted to a retirant as provided 674
in this chapter.
(N)(1) "Disability retirement" means retirement as 676
provided in section 145.36 of the Revised Code. 677
(2) "Disability allowance" means an allowance paid on 679
account of disability under section 145.361 of the Revised Code. 680
(3) "Disability benefit" means a benefit paid as 682
disability retirement under section 145.36 of the Revised Code, 683
as a disability allowance under section 145.361 of the Revised 684
Code, or as a disability benefit under section 145.37 of the 685
Revised Code.
(4) "Disability benefit recipient" means a member who is 687
receiving a disability benefit. 688
(O) "Age and service retirement" means retirement as 690
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 691
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 693
contributions made by the employer that at the time of retirement 694
are credited into the annuity and pension reserve fund from the 695
18
employers' accumulation fund and paid from the annuity and 696
pension reserve fund as provided in this chapter. All pensions 697
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 699
portion of the benefit derived from contributions made by the 700
member.
(R)(1) Except as otherwise provided in division (R) of 703
this section, "earnable salary" means all salary, wages, and 704
other earnings paid to a contributor by reason of employment in a 705
position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of 706
the amount required to be contributed to the employees' savings 707
fund under section 145.47 of the Revised Code and without regard 708
to whether any of the salary, wages, or other earnings are 709
treated as deferred income for federal income tax purposes. 710
"Earnable salary" includes the following:
(a) Payments made by the employer in lieu of salary, 712
wages, or other earnings for sick leave, personal leave, or 713
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 715
sick leave, personal leave, and vacation leave accrued, but not 716
used if the payment is made during the year in which the leave is 718
accrued, except that payments made pursuant to section 124.383 or 719
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 721
consisting of housing, laundry, and meals, as certified to the 722
retirement board by the employer or the head of the department 723
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the 725
Revised Code;
(e) Payments that are made under a disability leave 727
program sponsored by the employer and for which the employer is 728
required by section 145.296 of the Revised Code to make periodic 729
employer and employee contributions;
19
(f) Amounts included pursuant to divisions (K)(3) and (Y) 731
of this section.
(2) "Earnable salary" does not include any of the 733
following:
(a) Fees and commissions, other than those paid under 735
section 507.09 of the Revised Code, paid as sole compensation for 736
personal services and fees and commissions for special services 737
over and above services for which the contributor receives a 738
salary;
(b) Amounts paid by the employer to provide life 740
insurance, sickness, accident, endowment, health, medical, 741
hospital, dental, or surgical coverage, or other insurance for 742
the contributor or the contributor's family, or amounts paid by 743
the employer to the contributor in lieu of providing the
insurance;
(c) Incidental benefits, including lodging, food, laundry, 745
parking, or services furnished by the employer, or use of the 746
employer's property or equipment, or amounts paid by the employer 747
to the contributor in lieu of providing the incidental benefits; 748
(d) Reimbursement for job-related expenses authorized by 750
the employer, including moving and travel expenses and expenses 751
related to professional development; 752
(e) Payments for accrued, but unused sick leave, personal 754
leave, or vacation that are made at any time other than in the 756
year in which the sick leave, personal leave, or vacation was 757
accrued;
(f) Payments made to or on behalf of a contributor that 759
are in excess of the annual compensation that may be taken into 760
account by the retirement system under division (a)(17) of 761
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 762
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 764
5923.05 of the Revised Code or Section 4 of Substitute Senate 765
Bill No. 3 of the 119th general assembly; 766
20
(h) Anything of value received by the contributor that is 768
based on or attributable to retirement or an agreement to retire, 769
except that payments made on or before January 1, 1989, that are 770
based on or attributable to an agreement to retire shall be 771
included in earnable salary if both of the following apply: 772
(i) The payments are made in accordance with contract 774
provisions that were in effect prior to January 1, 1986; 775
(ii) The employer pays the retirement system an amount 777
specified by the retirement board equal to the additional 778
liability resulting from the payments. 779
(3) The retirement board shall determine by rule whether 781
any compensation not enumerated in division (R) of this section 782
is earnable salary, and its decision shall be final. 784
(S) "Pension reserve" means the present value, computed 786
upon the basis of the mortality and other tables adopted by the 787
board, of all payments to be made on account of any retirement 788
allowance or benefit in lieu of any retirement allowance, granted 789
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 791
to a member of the system since January 1, 1935, for which 792
contributions are made as required by sections 145.47, 145.48, 793
and 145.483 of the Revised Code. In any year subsequent to 1934, 794
credit for any service shall be allowed by the following formula: 795
(a) For each month for which the member's earnable salary 797
is two hundred fifty dollars or more, allow one month's credit. 798
(b) For each month for which the member's earnable salary 800
is less than two hundred fifty dollars, allow a fraction of a 801
month's credit. The numerator of this fraction shall be the 802
earnable salary during the month, and the denominator shall be 803
two hundred fifty dollars, except that if the member's annual 804
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 805
calendar year of employment during which the member worked each 806
month. Division (T)(1)(b) of this section shall not reduce any 808
21
credit earned before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an 810
elected official who prior to January 1, 1980, was granted a full 811
year of credit for each year of service as an elected official 812
shall be considered to have earned a full year of credit for each 813
year of service regardless of whether the service was full-time 814
or part-time. The public employees retirement board has no
authority to reduce the credit. 815
(U) "State retirement board" means the public employees 817
retirement board, the school employees retirement board, or the 818
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 820
receiving a monthly allowance as provided in sections 145.32, 821
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 822
(W) "Employer contribution" means the amount paid by an 824
employer as determined by the employer rate including the normal 825
and deficiency contribution rates. 826
(X) "Public service terminates" means the last day for 828
which a public employee is compensated for services performed for 829
an employer or the date of the employee's death, whichever occurs 830
first.
(Y) When a member has been elected or appointed to an 832
office, the term of which is two or more years, for which an 833
annual salary is established, and in the event that the salary of 834
the office is increased and the member is denied the additional 835
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 836
to have the amount of the member's contributions calculated upon 837
the basis of the increased salary for the office. At the 838
member's request, the board shall compute the total additional 839
amount the member would have contributed, or the amount by which 840
each of the member's contributions would have increased, had the 841
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 842
22
member's contribution would have increased withheld from the 843
member's salary, the member shall notify the employer, and the 844
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 845
amount withheld may elect at any time to make a payment to the 846
retirement system equal to the additional amount the member's 847
contribution would have increased, plus interest on that 848
contribution, compounded annually at a rate established by the 849
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 850
payment. A member may make a payment for part of the period for 851
which the increased contribution was not withheld, in which case 852
the interest shall be computed from the date the last 853
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 854
contributions as provided in this division, the increased annual 855
salary as provided by law for the office for the period for which 856
the member paid increased contributions thereon shall be used in 857
determining the member's earnable salary for the purpose of 858
computing the member's final average salary.
(Z) "Five years of service credit," for the exclusive 860
purpose of satisfying the service credit requirements and of 861
determining eligibility for benefits under section 145.33 of the 862
Revised Code, means employment covered under this chapter or 863
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter or under a 864
combination of the coverage. 866
(AA) "Deputy sheriff" means any person who is commissioned 868
and employed as a full-time peace officer by the sheriff of any 869
county, and has been so employed since on or before December 31, 870
1965, and whose primary duties are to preserve the peace, to 871
protect life and property, and to enforce the laws of this state; 872
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 873
23
and who has received a certificate attesting to the person's 874
satisfactory completion of the peace officer training school as 875
required by section 109.77 of the Revised Code and whose primary 876
duties are to preserve the peace, protect life and property, and 877
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 878
the Revised Code as a criminal bailiff or court constable who has 879
received a certificate attesting to the person's satisfactory 880
completion of the peace officer training school as required by 881
section 109.77 of the Revised Code and whose primary duties are 882
to preserve the peace, protect life and property, and enforce the 883
laws of this state.
(BB) "Township constable or police officer in a township 885
police department or district" means any person who is 886
commissioned and employed as a full-time peace officer pursuant 887
to Chapter 505. or 509. of the Revised Code, who has received a 888
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 889
of the Revised Code, and whose primary duties are to preserve the 890
peace, protect life and property, and enforce the laws of this 891
state.
(CC) "Drug agent" means any person who is either of the 893
following:
(1) Employed full-time as a narcotics agent by a county 895
narcotics agency created pursuant to section 307.15 of the 896
Revised Code and has received a certificate attesting to the 897
satisfactory completion of the peace officer training school as 898
required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as 900
defined in section 109.79 of the Revised Code and is in 901
compliance with section 109.77 of the Revised Code. 902
(DD) "Department of public safety enforcement agent" means 904
a full-time employee of the department of public safety who is 906
designated under section 5502.14 of the Revised Code as an 908
24
enforcement agent and who is in compliance with section 109.77 of 910
the Revised Code.
(EE) "Natural resources law enforcement staff officer" 912
means a full-time employee of the department of natural resources 913
who is designated a natural resources law enforcement staff 914
officer under section 1501.013 of the Revised Code and is in 917
compliance with section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the 919
department of natural resources who is designated a park officer 921
under section 1541.10 of the Revised Code and is in compliance 922
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the 924
department of natural resources who is designated a forest 926
officer under section 1503.29 of the Revised Code and is in 927
compliance with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time employee of the 930
department of natural resources who is designated a preserve 931
officer under section 1517.10 of the Revised Code and is in 933
compliance with section 109.77 of the Revised Code. 935
(II) "Wildlife officer" means a full-time employee of the 937
department of natural resources who is designated a wildlife 939
officer under section 1531.13 of the Revised Code and is in 940
compliance with section 109.77 of the Revised Code. 941
(JJ) "State watercraft officer" means a full-time employee 944
of the department of natural resources who is designated a state 945
watercraft officer under section 1547.521 of the Revised Code and 946
is in compliance with section 109.77 of the Revised Code. 947
(KK) "Park district police officer" means a full-time 949
employee of a park district who is designated pursuant to section 951
511.232 or 1545.13 of the Revised Code and is in compliance with 952
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time 954
employee of a conservancy district who is designated pursuant to 956
section 6101.75 of the Revised Code and is in compliance with 957
25
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the 959
organized police department of a municipal corporation who is 961
employed full-time, is in compliance with section 109.77 of the 962
Revised Code, and is not a member of the OHIO police and 963
firemen's disability and FIRE pension fund. 964
(NN) "Ohio veterans' home police officer" means any person 967
who is employed at the Ohio veterans' home as a police officer 968
pursuant to section 5907.02 of the Revised Code and is in 969
compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health 971
institution" means any person who is designated as such pursuant 973
to section 5119.14 of the Revised Code and is in compliance with 974
section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the 976
mentally retarded and developmentally disabled" means any person 978
who is designated as such pursuant to section 5123.13 of the 979
Revised Code and is in compliance with section 109.77 of the 980
Revised Code.
(QQ) "State university law enforcement officer" means any 982
person who is employed full-time as a state university law 984
enforcement officer pursuant to section 3345.04 of the Revised 985
Code and who is in compliance with section 109.77 of the Revised 986
Code.
(RR) "Hamilton county municipal court bailiff" means a 988
person appointed by the clerk of courts of the Hamilton county 990
municipal court under division (A)(3) of section 1901.32 of the 991
Revised Code who is employed full-time as a bailiff or deputy 992
bailiff, who has received a certificate attesting to the person's 993
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 994
and whose primary duties are to preserve the peace, to protect 995
life and property, and to enforce the laws of this state. 996
(SS) Notwithstanding section 2901.01 of the Revised Code, 998
26
"law enforcement officer" means a sheriff, deputy sheriff, 1,000
township constable or police officer in a township police 1,001
department or district, drug agent, department of public safety 1,002
enforcement agent, natural resources law enforcement staff
officer, park officer, forest officer, preserve officer, wildlife 1,004
officer, state watercraft officer, park district police officer, 1,005
conservancy district officer, Ohio veterans' home police officer, 1,006
special police officer for a mental health institution, special 1,007
police officer for an institution for the mentally retarded and 1,008
developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal 1,009
police officer.
(TT) "Fiduciary" means a person who does any of the 1,011
following: 1,012
(1) Exercises any discretionary authority or control with 1,014
respect to the management of the system or with respect to the 1,015
management or disposition of its assets; 1,016
(2) Renders investment advice for a fee, direct or 1,018
indirect, with respect to money or property of the system; 1,019
(3) Has any discretionary authority or responsibility in 1,021
the administration of the system. 1,022
(UU) "Actuary" means an individual who satisfies all of 1,024
the following requirements: 1,026
(1) Is a member of the American academy of actuaries; 1,028
(2) Is an associate or fellow of the society of actuaries; 1,030
(3) Has a minimum of five years' experience in providing 1,032
actuarial services to public retirement plans. 1,033
Sec. 145.012. (A) "Public employee," as defined in 1,042
division (A) of section 145.01 of the Revised Code, does not 1,043
include any person: 1,044
(1) Who is employed by a private, temporary-help service 1,046
and performs services under the direction of a public employer or 1,047
is employed on a contractual basis as an independent contractor 1,048
under a personal service contract with a public employer; 1,049
27
(2) Who is an emergency employee serving on a temporary 1,051
basis in case of fire, snow, earthquake, flood, or other similar 1,052
emergency; 1,053
(3) Who is employed in a program established pursuant to 1,055
the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 1,056
U.S.C.A. 1501; 1,057
(4) Who is an appointed member of either the motor vehicle 1,059
salvage dealers board or the motor vehicle dealer's board whose 1,060
rate and method of payment are determined pursuant to division 1,061
(J) of section 124.15 of the Revised Code; 1,062
(5) Who is employed as an election worker and paid less 1,064
than five hundred dollars per calendar year for that service; 1,066
(6) Who is employed as a firefighter in a position 1,068
requiring satisfactory completion of a firefighter training 1,070
course approved under former section 3303.07 or section 4765.55 1,073
of the Revised Code or conducted under section 3737.33 of the 1,074
Revised Code except for the following: 1,075
(a) Any firefighter who has elected under section 145.013 1,078
of the Revised Code to remain a contributing member of the public 1,079
employees retirement system; 1,080
(b) Any firefighter who was eligible to transfer from the 1,083
public employees retirement system to the OHIO police and
firemen's disability and FIRE pension fund under section 742.51 1,085
or 742.515 of the Revised Code and did not elect to transfer; 1,086
(c) Any firefighter who has elected under section 742.516 1,089
of the Revised Code to transfer from the OHIO police and 1,090
firemen's disability and FIRE pension fund to the public 1,092
employees retirement system.
(7) Who is a member of the board of health of a city or 1,094
general health district, which pursuant to sections 3709.051 and 1,095
3709.07 of the Revised Code includes a combined health district, 1,096
and whose compensation for attendance at meetings of the board is 1,097
set forth in division (B) of section 3709.02 or division (B) of 1,098
section 3709.05 of the Revised Code, as appropriate;
28
(8) Who participates in an alternative retirement plan 1,100
established under Chapter 3305. of the Revised Code; 1,101
(9) Who is a member of the board of directors of a 1,103
sanitary district established under Chapter 6115. of the Revised 1,104
Code.
(B) No inmate of a correctional institution operated by 1,107
the department of rehabilitation and correction, no patient in a 1,108
hospital for the mentally ill or criminally insane operated by 1,109
the department of mental health, no resident in an institution 1,110
for the mentally retarded operated by the department of mental 1,111
retardation and developmental disabilities, no resident admitted 1,112
as a patient of the Ohio veterans' home at Sandusky, and no 1,113
resident of a county home shall be considered as a public
employee for the purpose of establishing membership or 1,114
calculating service credit or benefits under this chapter. 1,115
Nothing in this division shall be construed to affect any service 1,117
credit attained by any person who was a public employee before 1,118
becoming an inmate, patient, or resident at any institution 1,119
listed in this division, or the payment of any benefit for which 1,121
such a person or such a person's beneficiaries otherwise would be 1,123
eligible.
Sec. 145.02. (A) A public employee who, prior to August 1,132
20, 1976, was excluded from membership in the public employees 1,133
retirement system because he THE EMPLOYEE was receiving benefits 1,134
from a municipal retirement system established prior to June 30, 1,136
1938, may acquire credit for service rendered by paying into the 1,137
employees' savings fund an amount determined by applying the 1,138
member contribution rate in effect at the time of payment to the 1,139
earnable salary of the member during such period, plus interest 1,140
on such amount, compounded annually at a rate to be determined by 1,141
the board, and by paying an equal amount into the employers' 1,142
accumulation fund. The member may choose to purchase only part 1,143
of such credit in any one payment, subject to board rule. A 1,144
public employee who acquires service credit in the manner 1,145
29
prescribed in this division shall receive benefits retroactive to 1,146
the earliest date of his THE EMPLOYEE'S eligibility for 1,147
retirement or disability retirement benefits under section 1,149
145.33, 145.34, 145.36, or 145.46 of the Revised Code in a single 1,150
payment.
(B) A public employee who, prior to November 21, 1969, was 1,152
excluded from membership in the public employees retirement 1,153
system because he THE EMPLOYEE was receiving benefits from a 1,154
police relief and pension fund, a firemen's relief and pension 1,157
fund, the OHIO police and firemen's disability and FIRE pension 1,158
fund, or the state highway patrol pension fund may acquire 1,160
service credit for service rendered during such period by paying 1,161
into the employees' savings fund an amount equal to the amount he 1,162
THE EMPLOYEE would have paid into such fund during such period of 1,164
service if deductions had been taken on his THE EMPLOYEE'S 1,165
earnable salary at the member contribution rate in effect during 1,167
such period, plus interest compounded annually on such amount at 1,168
a rate determined by the board and by paying an equal amount into 1,169
the employers' accumulation fund. The member EMPLOYEE may choose 1,171
to purchase only part of such credit in any one payment, subject 1,172
to board rules.
(C) In the event of death or withdrawal from service, the 1,174
payment to the employees' savings fund and the employers' 1,175
accumulation fund for service credit under division (A) or (B) of 1,176
this section shall be considered as accumulated contributions of 1,177
the member. 1,178
Sec. 145.293. (A) Service credit purchased under this 1,187
section shall be included in the member's total service credit. 1,188
Credit may be purchased for the following: 1,189
(1) Service rendered in another state, and service in any 1,191
entity operated by the United States government, that, if served 1,192
in a comparable position in Ohio, would be covered by the public 1,193
employees retirement system, OHIO police and firemen's disability 1,195
and FIRE pension fund, state teachers retirement system, school 1,196
30
employees retirement system, or state highway patrol retirement 1,197
system;
(2) Service for which contributions were made by the 1,199
member or on his THE MEMBER'S behalf to a municipal retirement 1,200
system in this state. 1,201
The number of years purchased under this section shall not 1,203
exceed the lesser of five years or the member's total accumulated 1,204
number of years of Ohio service. 1,205
(B) For each year of service purchased, a member shall pay 1,207
to the public employees retirement system for credit to his THE 1,208
MEMBER'S accumulated account an amount equal to his THE MEMBER'S 1,210
retirement contribution for full-time employment for the first 1,211
year of Ohio service following termination of the service to be 1,212
purchased. To this amount shall be added an amount equal to 1,213
compound interest at a rate established by the public employees 1,214
retirement board from the date of membership in the public 1,215
employees retirement system to date of payment. The member may 1,216
choose to purchase only part of such credit in any one payment, 1,217
subject to board rules. 1,218
(C) A member is ineligible to purchase under this section 1,220
service for which he THE MEMBER has obtained credit under section 1,222
145.44 of the Revised Code or service that is used in the 1,223
calculation of any retirement benefit currently being paid or 1,224
payable in the future to the member under any other retirement 1,225
program except social security. At the time the credit is 1,226
purchased the member shall certify on a form furnished by the 1,227
retirement board that he THE MEMBER does and will conform to this 1,228
requirement.
(D) Credit purchased under this section may be combined 1,230
pursuant to section 145.37 with credit purchased under sections 1,231
3307.32 and 3309.31 of the Revised Code, except that not more 1,232
than an aggregate total of five years' service credit purchased 1,233
under this section and sections 3307.32 and 3309.31 shall be used 1,234
in determining retirement eligibility or calculating benefits 1,235
31
under section 145.37 of the Revised Code. 1,236
Sec. 145.295. (A) A member of the public employees 1,245
retirement system who has contributions on deposit with, but is 1,247
no longer contributing to, the OHIO police and firemen's 1,249
disability and FIRE pension fund or state highway patrol 1,251
retirement system shall, in computing years of service, be given
full credit for service credit earned under Chapter 742. or 5505. 1,253
of the Revised Code or purchased for service in the armed forces
of the United States if a transfer to the public employees 1,254
retirement system is made under this division. At the request of 1,256
the member, the OHIO police and firemen's disability and FIRE 1,258
pension fund or the state highway patrol retirement system shall 1,260
transfer to the public employees retirement system, for each year 1,261
of service, the sum of the following: 1,262
(1) An amount equal to the member's payments for service 1,266
in the armed forces of the United States and accumulated 1,267
contributions to the OHIO police and firemen's disability and 1,268
FIRE pension fund or state highway patrol retirement system; 1,271
(2) An amount equal to the lesser of the employer's 1,273
contributions to the OHIO police and firemen's disability and 1,275
FIRE pension fund or state highway patrol retirement system or 1,276
the amount that would have been contributed by the employer for 1,277
the service had the member been employed by the member's current 1,278
employer as a member of the public employees retirement system; 1,280
(3) Interest, determined as provided in division (G) of 1,283
this section, on the amounts specified in divisions (A)(1) and 1,285
(2) of this section for the period from the last day of the year 1,289
for which the service credit was earned or in which military 1,290
service credit was purchased or obtained to the date the transfer 1,291
is made. 1,292
(B) A member of the public employees retirement system who 1,295
has at least eighteen months of contributing service credit with
the public employees retirement system, who is a former member of 1,296
the OHIO police and firemen's disability and FIRE pension fund or 1,299
32
state highway patrol retirement system, and who has received a 1,300
refund of the member's accumulated contributions to that fund or 1,301
system shall, in computing years of service, be given full credit 1,302
for service credit earned under Chapter 742. or 5505. of the 1,303
Revised Code or purchased for service in the armed forces of the 1,304
United States if, for each year of service, the public employees 1,305
retirement system receives the sum of the following: 1,306
(1) An amount, which shall be paid by the member, equal to 1,309
the amount refunded by the OHIO police and firemen's disability 1,310
and FIRE pension fund or the state highway patrol retirement 1,311
system to the member for that year for accumulated contributions 1,313
and payments for purchase of credit for service in the armed 1,314
forces of the United States, with interest on that amount from 1,316
the date of the refund to the date of the payment; 1,318
(2) Interest, which shall be transferred by the OHIO 1,321
police and firemen's disability and FIRE pension fund or state 1,322
highway patrol retirement system, on the amount refunded to the 1,323
member that is attributable to the year of service from the last 1,325
day of the year for which the service credit was earned or in 1,326
which military service credit was purchased or obtained to the 1,327
date the refund was made; 1,328
(3) An amount, which shall be transferred by the OHIO 1,330
police and firemen's disability and FIRE pension fund or state 1,331
highway patrol retirement system, equal to the lesser of the 1,332
employer's contributions to the OHIO police and firemen's 1,333
disability and FIRE pension fund or state highway patrol 1,335
retirement system for that year or the amount that would have 1,336
been contributed by the employer for the year had the member been 1,337
employed by the member's current employer as a member of the 1,338
public employees retirement system, with interest on that amount 1,339
from the last day of the year for which the service credit was 1,340
earned or in which military service credit was purchased or 1,341
obtained to the date of the transfer. 1,342
On receipt of payment from the member, the public employees 1,345
33
retirement system shall notify the OHIO police and firemen's 1,346
disability and FIRE pension fund or the state highway patrol 1,347
retirement system, which, on receipt of the notice, shall make 1,348
the transfer required by this division. Interest shall be
determined as provided in division (G) of this section. 1,350
(C) A member of the public employees retirement system who 1,353
purchased credit under former division (A)(1) of this section, as 1,355
it existed before August 25, 1995, for service as a member of the 1,356
OHIO police and firemen's disability and FIRE pension fund or 1,357
state highway patrol retirement system may elect to have the 1,360
amount the member paid for this service credit refunded to the
member under this division if the member agrees to repurchase 1,361
this service credit pursuant to division (B) of this section. 1,362
(D) Service credit purchased or otherwise obtained under 1,364
this section shall be considered the equivalent of Ohio service 1,365
credit. 1,366
A member may choose to purchase only part of the credit the 1,369
member is eligible to purchase under division (B) of this section 1,371
in any one payment, subject to rules of the public employees 1,372
retirement board. A member is ineligible to purchase or 1,374
otherwise obtain credit under this section for service to be used 1,375
in calculation of any retirement benefit currently being paid or 1,376
payable to the member in the future. 1,377
(E) If a member of the public employees retirement system 1,379
who is not a current contributor elects to receive credit under 1,380
section 742.379 or 5505.202 of the Revised Code for service for 1,381
which the member contributed to the retirement system or 1,382
purchased credit for service in the armed forces of the United 1,384
States, the retirement system shall transfer to the OHIO police 1,387
and firemen's disability and FIRE pension fund or the state 1,389
highway patrol retirement system, as applicable, the amount 1,390
specified in division (D) of section 742.379 or division (B)(2) 1,392
of section 5505.202 of the Revised Code.
(F) A member of the public employees retirement system who 1,394
34
earned service credit in the public employees retirement system 1,395
for full-time service as a township or municipal police officer 1,396
and received service credit in the OHIO police and firemen's 1,398
disability and FIRE pension fund under section 742.511 or 742.512 1,400
of the Revised Code for such service may elect to have the credit 1,401
restored as public employees retirement system service credit by 1,402
paying the public employees retirement system an amount equal to 1,403
the accumulated contributions paid by the member to the OHIO 1,404
police and firemen's disability and FIRE pension fund under 1,407
section 742.511 or 742.512 of the Revised Code. When such an 1,408
election is made, the OHIO police and firemen's disability and 1,409
FIRE pension fund shall transfer to the public employees 1,412
retirement system the amount previously transferred under section 1,413
742.511 or 742.512 of the Revised Code from the public employees 1,414
retirement system to the OHIO police and firemen's disability and 1,415
FIRE pension fund. 1,416
(G) Interest charged under this section shall be 1,419
calculated separately for each year of service credit at the 1,420
lesser of the actuarial assumption rate for that year of the 1,421
public employees retirement system or of the fund or retirement 1,422
system in which the credit was earned. The interest shall be 1,423
compounded annually. 1,424
Sec. 145.30. (A) As used in this section and section 1,433
145.301 of the Revised Code: 1,434
(1) "Armed forces" of the United States includes the 1,436
following:
(a) Army, navy, air force, marine corps, coast guard, 1,438
auxiliary corps as established by congress, red cross nurse 1,439
serving with the army, navy, air force, or hospital service of 1,440
the United States, army nurse corps, navy nurse corps, full-time 1,441
service with the American red cross in a combat zone, and such 1,442
other service as may be designated by congress as included
therein;
(b) Personnel of the Ohio national guard and the reserve 1,444
35
components of any of the armed forces enumerated in division 1,445
(A)(1) of this section who are called to active duty pursuant to 1,446
an executive order issued by the president of the United States 1,447
or an act of congress;
(c) Persons on whom United States merchant marine veteran 1,449
status has been conferred for service aboard oceangoing merchant 1,450
ships in service to the United States during World War II. 1,451
(2) "State retirement system" means any of the following: 1,453
the OHIO police and firemen's disability and FIRE pension fund, 1,455
public employees retirement system, school employees retirement 1,457
system, state highway patrol retirement system, or the state 1,458
teachers retirement system.
(B) Upon reemployment in the public service and completion 1,460
of one year of service credit as covered by a state retirement 1,461
system or the Cincinnati retirement system, within two years 1,462
after service in the armed forces that is terminated in a manner 1,463
other than as described in section 4304 of Title 38 of the United 1,464
States Code, "Uniformed Services Employment and Reemployment 1,465
Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4304, and
presentation of documentation of the service and subject to rules 1,466
adopted by the retirement board, any member of the public 1,467
employees retirement system who was a member with not less than 1,468
one year of payroll deductions before entering active duty with 1,469
the armed forces and maintained membership in the public
employees retirement system as provided by section 145.41 of the 1,470
Revised Code, and who was or is out of active service as a public 1,471
employee by reason of having become a member of the armed forces 1,472
of the United States on active duty or service shall have such 1,473
service, not in excess of ten years, considered as the equivalent 1,475
of prior service. Service in the armed forces as established by 1,477
documentation of the service, not in excess of ten years, shall
also be considered prior service for a person who was a public 1,478
employee and who has acquired service credit for five years prior 1,479
to, and within the one year preceding, the date of entering on 1,480
36
active duty in the armed forces of the United States if such 1,481
person was reemployed in the public service within one year after 1,482
service in the armed forces that is terminated in a manner other 1,484
than as described in section 4304 of Title 38 of the United
States Code, "Uniformed Services Employment and Reemployment 1,485
Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4304, and 1,486
established total service credit as defined in section 145.01 of 1,487
the Revised Code of twenty years exclusive of credit for service 1,488
in the uniformed services, as defined in section 145.302 of the 1,490
Revised Code. This division shall not serve to cancel any 1,491
military service credit earned or granted prior to November 1, 1,492
1965.
(C) A member of the public employees retirement system is 1,494
ineligible to receive service credit under this section for any 1,495
year of military service credit used in the calculation of any 1,496
retirement benefit currently being paid to the member or payable 1,497
in the future under any other retirement program, except social 1,498
security, or used to obtain service credit pursuant to section
145.301 or 145.302 of the Revised Code. At the time such credit 1,499
is requested, the member shall certify on a form supplied by the 1,500
retirement board that the member does and will conform to this 1,501
requirement. This division does not cancel any military service 1,502
credit earned prior to March 15, 1979.
Sec. 145.31. Except as provided in this section, a member 1,511
or former member of the public employees retirement system with 1,513
at least eighteen months of contributing service credit in this 1,514
system, the state teachers retirement system, the school 1,515
employees retirement system, the OHIO police and firemen's 1,516
disability and FIRE pension fund, or the state highway patrol 1,518
retirement system, after the withdrawal of contributions and 1,519
cancellation of service credit in this system, may restore such 1,520
service credit by redepositing in the employees' savings fund the 1,521
amount withdrawn, with interest on such amount compounded 1,522
annually at a rate to be determined by the public employees 1,523
37
retirement board from the first day of the month of withdrawal to 1,524
and including the month of redeposit. The member may choose to 1,525
purchase only part of such credit in any one payment, subject to 1,526
board rules. The total payment to restore canceled service 1,527
credit, plus any interest credited thereto, shall be considered 1,528
as accumulated contributions of the member. If a former member 1,529
is eligible to buy the service credit as a member of the OHIO 1,530
police and firemen's disability and FIRE pension fund or state 1,531
highway patrol retirement system, the former member is ineligible 1,532
to restore that service credit under this section. 1,533
Any employee who has been refunded the employee's 1,535
accumulated contributions to the public employees retirement 1,536
system solely by reason of membership in a former firemen's 1,537
relief and pension fund or a former police relief and pension 1,538
fund may restore membership in the public employees retirement 1,539
system by redepositing with the system the amount refunded, with 1,540
interest on such amount compounded annually at a rate to be 1,541
determined by the board from the month of refund to and including 1,542
the month of redeposit. The member may choose to purchase only 1,543
part of such credit in any one payment, subject to board rules. 1,544
Sec. 145.38. (A) As used in this section: 1,553
(1) "PERS retirant" means a former member of the public 1,555
employees retirement system who is receiving either of the 1,556
following:
(a) Age and service retirement benefits under section 1,558
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code; 1,559
(b) Age and service retirement benefits paid by the public 1,561
employees retirement system under section 145.37 of the Revised 1,562
Code. 1,563
(2) "Other system retirant" means both of the following: 1,565
(a) A member or former member of the OHIO police and 1,567
firemen's disability and FIRE pension fund, state teachers 1,569
retirement system, school employees retirement system, state 1,570
highway patrol retirement system, or Cincinnati retirement system 1,571
38
who is receiving age and service or commuted age and service 1,572
retirement benefits or a disability benefit from a system of 1,573
which the person is a member or former member; 1,574
(b) A member or former member of the public employees 1,576
retirement system who is receiving age and service retirement 1,577
benefits or a disability benefit under section 145.37 of the 1,578
Revised Code paid by the school employees retirement system or 1,579
the state teachers retirement system. 1,580
(B)(1) Subject to this section, a PERS retirant or other 1,582
system retirant may be employed by a public employer. If so 1,583
employed, the PERS retirant or other system retirant shall 1,584
contribute to the public employees retirement system in 1,585
accordance with section 145.47 of the Revised Code, and the 1,586
employer shall make contributions in accordance with section 1,587
145.48 of the Revised Code. 1,588
(2) A public employer that employs a PERS retirant or 1,590
other system retirant, or enters into a contract for services as 1,591
an independent contractor with a PERS retirant who was employed 1,592
by the public employer at the time of the retirant's retirement 1,594
shall notify the retirement board of the employment or contract
not later than the end of the month in which the employment or 1,595
contract commences. Any overpayment of benefits to a PERS 1,596
retirant by the retirement system resulting from delay or failure 1,597
of the employer to give the notice shall be repaid to the 1,598
retirement system by the employer. 1,599
(3) On receipt of notice from a public employer that a 1,601
person who is an other system retirant has been employed, the 1,602
retirement system shall notify the retirement system of which the 1,603
other system retirant was a member of such employment. 1,604
(4)(a) A PERS retirant who has received a retirement 1,606
allowance for less than six months when employment subject to 1,607
this section commences shall forfeit the retirement allowance for 1,608
the period that begins on the date the employment commences and 1,609
ends on the date that is six months after the date on which the 1,610
39
retirement allowance commenced. Service and contributions for 1,611
that period shall not be included in calculation of any benefits 1,612
payable to the PERS retirant and those contributions shall be 1,613
refunded on the retirant's death or termination of the 1,614
employment. For purposes of this division, "employment" shall 1,615
include service for which the retirant or the retirant's 1,616
employer, or both, have waived any earnable salary for such 1,617
service.
(b) An other system retirant who has received a retirement 1,619
allowance or disability benefit for less than two months when 1,621
employment subject to this section commences shall forfeit the 1,622
retirement allowance or disability benefit for the period that 1,623
begins on the date the employment commences and ends on the date 1,624
that is two months after the date on which the retirement 1,625
allowance or disability benefit commenced. Service and 1,626
contributions for that period shall not be included in the
calculation of any benefits payable to the other system retirant 1,627
and those contributions shall be refunded on the retirant's death 1,629
or termination of the employment.
(5) On receipt of notice from the OHIO police and 1,631
firemen's disability and FIRE pension fund, school employees 1,633
retirement system, or state teachers retirement system of the 1,635
re-employment of a PERS retirant, the public employees retirement 1,636
system shall not pay, or if paid, shall recover, the amount to be 1,637
forfeited by the PERS retirant in accordance with section 742.26, 1,638
3307.381, or 3309.341 of the Revised Code. 1,639
(6) A PERS retirant who enters into a contract to provide 1,641
services as an independent contractor to the employer by which 1,642
the retirant was employed at the time of retirement or, less than 1,644
two months after the retirement allowance commences, begins
providing services as an independent contractor pursuant to a 1,645
contract with another public employer, shall forfeit the pension 1,646
portion of the retirement benefit for the period beginning the 1,647
first day of the month following the month in which the services 1,648
40
begin and ending on the first day of the month following the 1,649
month in which the services end. The annuity portion of the 1,650
retirement allowance shall be suspended on the day services under 1,651
the contract begin and shall accumulate to the credit of the 1,652
retirant to be paid in a single payment after services provided 1,653
under the contract terminate. A PERS retirant subject to 1,654
division (B)(6) of this section shall not contribute to the 1,655
retirement system and shall not become a member of the system. 1,656
(C)(1) Except as provided in division (C)(4) of this 1,658
section, a PERS retirant employed pursuant to this section shall 1,660
elect one of the following:
(a) To receive both compensation for the employment and a 1,663
retirement allowance;
(b) To receive compensation for the employment and forfeit 1,666
the pension portion of the retirement allowance.
(2) A PERS retirant who is described in division (C)(4) of 1,669
this section or elects to forfeit the pension portion of the 1,670
retirement allowance under division (C)(1)(b) of this section 1,671
shall become a new member of the public employees retirement 1,672
system with all the rights, privileges, and obligations of 1,673
membership, except that the new membership does not include 1,674
survivor benefits provided pursuant to section 145.45 of the 1,675
Revised Code. The pension portion of the PERS retirant's
retirement allowance shall cease on the first day of the first 1,676
month following commencement of the employment and shall 1,677
thereafter be forfeited until the first day of the first month 1,678
following termination of the employment. The annuity portion of 1,679
the retirement allowance shall be suspended on the first day of 1,680
the first month following commencement of the employment and 1,681
shall thereafter accumulate to the credit of the PERS retirant to 1,682
be paid in a single payment after termination of the employment. 1,683
The retirement allowance shall resume on the first day of the 1,684
first month following termination of the employment. On 1,685
termination of the employment, the PERS retirant shall elect to 1,686
41
receive either a refund of the retirant's contributions to the 1,688
retirement system during the period of employment subject to this 1,689
section or a supplemental retirement allowance based on the 1,690
retirant's contributions and service credit for that period of 1,691
employment.
(3) Except as provided in division (B)(4) of this section, 1,693
there shall be no suspension or forfeiture of any portion of the 1,694
retirement allowance payable to other system retirants or to PERS 1,695
retirants who make an election under division (C)(1)(a) of this 1,696
section. 1,697
(4) A PERS retirant shall elect division (C)(1)(b) of this 1,700
section if both of the following apply:
(a) The retirant held elective office in this state, or in 1,702
any municipal corporation, county, or other subdivision of this 1,703
state at the time of retirement under Chapter 145. of the Revised 1,704
Code;
(b) The retirant was elected or appointed to the same 1,706
office for the remainder of the term or the term immediately 1,707
following the term during which the retirement occurred. 1,708
(D)(1) On termination of employment under this section, 1,710
the PERS retirant who makes an election under division (C)(1)(a) 1,711
of this section or other system retirant may file an application 1,712
with the public employees retirement system for a benefit under 1,713
this division, which shall consist of a single life annuity 1,714
having a reserve equal to the amount of the retirant's 1,715
accumulated contributions for the period of employment and an 1,716
equal amount of the employer's contributions. The PERS retirant 1,717
or other system retirant shall elect either to receive the 1,718
benefit as a monthly annuity for life or a lump-sum payment 1,719
discounted to the present value using the current actuarial 1,720
assumption rate of interest, except that if the monthly annuity 1,721
would be less than twenty-five dollars per month, the retirant 1,722
shall receive a lump-sum payment. 1,723
(2) A benefit payable under this division shall commence 1,725
42
on the latest of the following: 1,726
(a) The last day for which compensation for employment 1,728
subject to this section was paid; 1,729
(b) Attainment by the PERS retirant or other system 1,731
retirant of age sixty-five; 1,732
(c) If the PERS retirant or other system retirant was 1,734
previously employed under this section and is receiving or 1,735
previously received a benefit under this division, completion of 1,736
a period of twelve months since the effective date of the last 1,737
benefit under this division. 1,738
(3)(a) If a PERS retirant or other system retirant dies 1,740
while employed in employment subject to this section, a lump-sum 1,741
payment calculated in accordance with division (D)(1) of this 1,742
section shall be paid to the retirant's beneficiary under 1,743
division (G) of this section. 1,744
(b) If at the time of death a PERS retirant or other 1,746
system retirant receiving a monthly annuity has received less 1,747
than the retirant would have received as a lump-sum payment, the 1,749
difference between the amount received and the amount that would 1,750
have been received as a lump-sum payment shall be paid to the 1,751
retirant's beneficiary under division (G) of this section. 1,752
(4)(a) A PERS retirant or other system retirant subject to 1,754
this division is not a member of the public employees retirement 1,755
system, does not have any of the rights, privileges, or 1,756
obligations of membership, except as specified in this section, 1,757
and, except as specified in division (D)(4)(b) of this section, 1,758
is not eligible to receive health, medical, hospital, or surgical 1,759
benefits under section 145.58 of the Revised Code for employment 1,760
subject to this section. No amount received under this division 1,761
shall be included in determining an additional benefit under 1,762
section 145.323 of the Revised Code or any other post-retirement 1,763
benefit increase. 1,764
(b) A PERS retirant who makes an election under division 1,766
(C)(1)(a) of this section shall receive primary health, medical, 1,767
43
hospital, or surgical insurance coverage from the retirant's 1,768
employer, if the employer provides coverage to other employees 1,769
performing comparable work. Neither the employer nor the PERS 1,770
retirant may waive the employer's coverage, except that the PERS 1,771
retirant may waive the employer's coverage if the retirant has 1,772
coverage comparable to that provided by the employer from a 1,773
source other than the employer or the public employees retirement 1,774
system. If a claim is made, the employer's coverage shall be the 1,775
primary coverage and shall pay first. The benefits provided 1,776
under section 145.58 of the Revised Code shall pay only those 1,777
medical expenses not paid through the employer's coverage or 1,778
coverage the PERS retirant receives through a source other than 1,779
the retirement system. 1,780
(E) If the disability benefit of an other system retirant 1,782
employed under this section is terminated, the retirant shall 1,783
become a member of the public employees retirement system, 1,784
effective on the first day of the month next following the 1,785
termination with all the rights, privileges, and obligations of 1,786
membership. If such person, after the termination of the 1,787
disability benefit, earns two years of service credit under this 1,788
system or under the OHIO police and firemen's disability and FIRE 1,789
pension fund, state teachers retirement system, school employees 1,791
retirement system, or state highway patrol retirement system, the 1,792
person's prior contributions as an other system retirant under 1,793
this section shall be included in the person's total service 1,794
credit as a public employees retirement system member, and the 1,795
person shall forfeit all rights and benefits of this section. 1,796
Not more than one year of credit may be given for any period of 1,797
twelve months.
(F) A PERS retirant who performs services for a public 1,799
employer as an independent contractor pursuant to a contract with 1,800
the employer shall not make contributions to the public employees 1,801
retirement system or become a member of the system. Except as 1,802
provided in division (B)(6) of this section, there shall be no 1,803
44
suspension or forfeiture of the retirant's retirement allowance. 1,804
(G) A PERS retirant or other system retirant employed 1,806
under this section may designate one or more persons as 1,807
beneficiary to receive any benefits payable under this section 1,808
due to death. The designation shall be in writing duly executed 1,810
on a form provided by the public employees retirement board, 1,811
signed by the PERS retirant or other system retirant, and filed 1,812
with the board prior to death. The last designation of a 1,813
beneficiary revokes all previous designations. The PERS
retirant's or other system retirant's marriage, divorce, marriage 1,814
dissolution, legal separation, withdrawal of account, birth of a 1,816
child, or adoption of a child revokes all previous designations. 1,817
If there is no designated beneficiary, the beneficiary is the 1,818
beneficiary determined under division (D) of section 145.43 of 1,819
the Revised Code. If any benefit payable under this section due 1,820
to the death of a PERS retirant or other system retirant is not 1,821
claimed by a beneficiary within five years after the death, the 1,822
amount payable shall be transferred to the income fund and 1,823
thereafter paid to the beneficiary or the estate of the PERS 1,824
retirant or other system retirant on application to the board.
(H) This section does not affect the receipt of benefits 1,826
by or eligibility for benefits of any person who on August 20, 1,827
1976, was receiving a disability benefit or service retirement 1,828
pension or allowance from a state or municipal retirement system 1,829
in Ohio and was a member of any other state or municipal 1,830
retirement system of this state. 1,831
(I) The public employees retirement board may adopt rules 1,833
to carry out this section. 1,834
Sec. 145.58. (A) As used in this section, "ineligible 1,843
individual" means all of the following: 1,844
(1) A former member receiving benefits pursuant to section 1,846
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code 1,847
for whom eligibility is established more than five years after 1,848
June 13, 1981, and who, at the time of establishing eligibility, 1,849
45
has accrued less than ten years' service credit, exclusive of 1,850
credit obtained pursuant to section 145.297 or 145.298 of the 1,851
Revised Code, credit obtained after January 29, 1981, pursuant to 1,852
section 145.293 or 145.301 of the Revised Code, and credit 1,853
obtained after May 4, 1992, pursuant to section 145.28 of the 1,854
Revised Code; 1,855
(2) The spouse of the former member; 1,857
(3) The beneficiary of the former member receiving 1,859
benefits pursuant to section 145.46 of the Revised Code. 1,860
(B) The public employees retirement board may enter into 1,862
agreements with insurance companies, health insuring 1,864
corporations, or government agencies authorized to do business in 1,866
the state for issuance of a policy or contract of health, 1,867
medical, hospital, or surgical benefits, or any combination 1,868
thereof, for those individuals receiving age and service 1,870
retirement or a disability or survivor benefit subscribing to the 1,871
plan, or for PERS retirants employed under section 145.38 of the 1,872
Revised Code, for coverage of benefits in accordance with 1,873
division (D)(4)(b) of section 145.38 of the Revised Code. 1,874
Notwithstanding any other provision of this chapter, the policy 1,875
or contract may also include coverage for any eligible
individual's spouse and dependent children and for any of the 1,877
individual's sponsored dependents as the board determines 1,878
appropriate. If all or any portion of the policy or contract 1,879
premium is to be paid by any individual receiving age and service 1,880
retirement or a disability or survivor benefit, the individual 1,882
shall, by written authorization, instruct the board to deduct the 1,884
premium agreed to be paid by the individual to the company, 1,886
corporation, or agency.
The board may contract for coverage on the basis of part or 1,889
all of the cost of the coverage to be paid from appropriate funds 1,890
of the public employees retirement system. The cost paid from 1,891
the funds of the system shall be included in the employer's 1,893
contribution rate provided by sections 145.48 and 145.51 of the 1,894
46
Revised Code. The board may by rule provide coverage to 1,895
ineligible individuals if the coverage is provided at no cost to 1,896
the retirement system. The board shall not pay or reimburse the 1,897
cost for coverage under this section or section 145.325 of the 1,898
Revised Code for any ineligible individual.
The board may provide for self-insurance of risk or level 1,900
of risk as set forth in the contract with the companies, 1,901
corporations, or agencies, and may provide through the 1,902
self-insurance method specific benefits as authorized by rules of 1,903
the board. 1,904
(C) If the board provides health, medical, hospital, or 1,906
surgical benefits through any means other than a health insuring 1,908
corporation, it shall offer to each individual eligible for the 1,911
benefits the alternative of receiving benefits through enrollment 1,913
in a health insuring corporation, if all of the following apply: 1,915
(1) The health insuring corporation provides services in 1,919
the geographical area in which the individual lives; 1,920
(2) The eligible individual was receiving health care 1,922
benefits through a health maintenance organization or a health 1,924
insuring corporation before retirement; 1,925
(3) The rate and coverage provided by the health insuring 1,928
corporation to eligible individuals is comparable to that 1,931
currently provided by the board under division (B) of this
section. If the rate or coverage provided by the health insuring 1,933
corporation is not comparable to that currently provided by the 1,935
board under division (B) of this section, the board may deduct 1,936
the additional cost from the eligible individual's monthly 1,937
benefit.
The health insuring corporation shall accept as an enrollee 1,941
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 1,943
from one plan to another at least once a year at a time 1,945
determined by the board. 1,946
(D) The board shall, beginning the month following receipt 1,948
47
of satisfactory evidence of the payment for coverage, pay monthly 1,949
to each recipient of service retirement, or a disability or 1,950
survivor benefit under the public employees retirement system who 1,951
is eligible for medical insurance coverage under part B of Title 1,952
XVIII of "The Social Security Act," 79 Stat. 301 (1965), 42 1,953
U.S.C.A. 1395j, as amended, an amount equal to the basic premium 1,954
for such coverage, except that the board shall make no such 1,956
payment to any ineligible individual.
(E) The board shall establish by rule requirements for the 1,958
coordination of any coverage, payment, or benefit provided under 1,960
this section or section 145.325 of the Revised Code with any 1,961
similar coverage, payment, or benefit made available to the same 1,963
individual by the OHIO police and firemen's disability and FIRE 1,964
pension fund, state teachers retirement system, school employees 1,965
retirement system, or state highway patrol retirement system. 1,966
(F) The board shall make all other necessary rules 1,970
pursuant to the purpose and intent of this section. 1,971
Sec. 145.581. (A) As used in this section: 1,980
(1) "Long-term care insurance" has the same meaning as in 1,982
section 3923.41 of the Revised Code. 1,983
(2) "Retirement systems" means the public employees 1,985
retirement system, the OHIO police and firemen's disability and 1,987
FIRE pension fund, the state teachers retirement system, the 1,988
school employees retirement system, and the state highway patrol 1,989
retirement system. 1,990
(B) The public employees retirement board shall establish 1,992
a long-term care insurance program consisting of the programs 1,993
authorized by divisions (C) and (D) of this section. Such 1,994
program may be established independently or jointly with one or 1,995
more of the other retirement systems. If the program is 1,996
established jointly, the board shall adopt rules in accordance 1,997
with section 111.15 of the Revised Code to establish the terms 1,998
and conditions of such joint participation. 1,999
(C) The board shall establish a program under which it 2,001
48
makes long-term care insurance available to any person who 2,002
participated in a policy of long-term care insurance for which 2,003
the state or a political subdivision contracted under section 2,004
124.84 or 124.841 of the Revised Code and is the recipient of a 2,005
pension, benefit, or allowance from the system. To implement the 2,006
program under this division, the board, subject to division (E) 2,007
of this section, may enter into an agreement with the insurance 2,008
company, health insuring corporation, or government agency that 2,010
provided the insurance. The board shall, under any such 2,011
agreement, deduct the full premium charged from the person's 2,012
benefit, pension, or allowance notwithstanding any employer 2,013
agreement to the contrary.
Any long-term care insurance policy entered into under this 2,015
division is subject to division (C) of section 124.84 of the 2,016
Revised Code. 2,017
(D)(1) The board, subject to division (E) of this section, 2,019
shall establish a program under which a recipient of a pension, 2,020
benefit, or allowance from the system who is not eligible for 2,021
such insurance under division (C) of this section may participate 2,022
in a contract for long-term care insurance. Participation may 2,023
include the recipient's dependents and family members. 2,024
(2) The board shall adopt rules in accordance with section 2,026
111.15 of the Revised Code governing the program. The rules 2,027
shall establish methods of payment for participation under this 2,028
section, which may include deduction of the full premium charged 2,029
from a recipient's pension, benefit, or allowance, or any other 2,030
method of payment considered appropriate by the board. 2,031
(E) Prior to entering into any agreement or contract with 2,033
an insurance company or health insuring corporation for the 2,035
purchase of, or participation in, a long-term care insurance 2,036
policy under this section, the board shall request the 2,037
superintendent of insurance to certify the financial condition of 2,038
the company or corporation. The board shall not enter into the 2,039
agreement or contract if, according to that certification, the 2,041
49
company or corporation is insolvent, is determined by the 2,042
superintendent to be potentially unable to fulfill its 2,043
contractual obligations, or is placed under an order of 2,044
rehabilitation or conservation by a court of competent 2,045
jurisdiction or under an order of supervision by the 2,046
superintendent. 2,047
Sec. 146.01. As used in sections 146.01 to 146.19 of the 2,056
Revised Code: 2,057
(A) "Fire department" means a volunteer fire department, a 2,059
fire department of a political subdivision or fire district of 2,060
this state, or a private volunteer company that has elected to 2,061
participate in the volunteer fire fighters' dependents fund 2,063
pursuant to section 146.02 of the Revised Code. 2,064
(B)(1) "Volunteer fire fighter FIREFIGHTER" means both of 2,066
the following, subject to division (B)(2) of this section: 2,067
(a) A duly appointed member of a fire department on either 2,069
a nonpay or part-pay basis who is ineligible to be a member of 2,070
the OHIO police and firemen's disability and FIRE pension fund, 2,073
or whose employment as a fire fighter FIREFIGHTER does not in 2,074
itself qualify any such person for membership in the public 2,076
employees retirement system, or who has waived membership in the 2,077
public employees retirement system; 2,078
(b) Fire fighters FIREFIGHTERS drafted, requisitioned, or 2,080
appointed to serve in an emergency. 2,082
(2)(a) A volunteer fire fighter FIREFIGHTER who is a 2,084
member of the public employees retirement system shall be 2,086
considered a volunteer fire fighter FIREFIGHTER for purposes of 2,087
this chapter, and in particular, for purposes of divisions (A) 2,089
and (B) of section 146.12 of the Revised Code until he THE 2,090
FIREFIGHTER has at least one and one-half years of Ohio service 2,092
credit for purposes of division (B) of section 145.45 of the 2,093
Revised Code;
(b) A volunteer fire fighter FIREFIGHTER who is a member 2,095
of the public employees retirement system shall be considered a 2,097
50
volunteer fire fighter FIREFIGHTER for purposes of this chapter 2,098
and, in particular, for purposes of division (C) of section 2,100
146.12 of the Revised Code until this person THE FIREFIGHTER has 2,101
at least five years of total service credit for purposes of 2,103
sections 145.35 and 145.36 or section 145.361 of the Revised 2,104
Code.
(C) "Private volunteer fire company" means a company of 2,106
trained volunteer fire fighters FIREFIGHTERS having a contract to 2,108
furnish fire protection or emergency service or both to a 2,109
political subdivision or fire district of this state. 2,110
(D) "Member of the fund" includes a political subdivision 2,112
or fire district of this state that maintains in whole or in part 2,113
a volunteer fire department or employs volunteer fire fighters 2,114
FIREFIGHTERS, and a private volunteer fire company that has 2,115
elected to participate in the volunteer fire fighters' dependents 2,116
fund.
(E) "Dependent" means the surviving spouse or child under 2,118
eighteen years of age of a volunteer fire fighter FIREFIGHTER 2,119
regardless of financial status. 2,120
(F) "Volunteer fire fighters' dependents fund" means the 2,122
fund established by section 146.07 of the Revised Code. 2,123
(G) "Totally and permanently disabled" means that a 2,125
volunteer fire fighter FIREFIGHTER is unable to engage in any 2,126
substantial gainful employment for a period of not less than 2,128
twelve months by reason of a medically determinable physical 2,129
impairment that is permanent or presumed to be permanent. 2,130
Sec. 154.13. Obligations issued under this chapter are 2,139
lawful investments for banks, societies for savings, savings and 2,140
loan associations, deposit guarantee associations, trust 2,141
companies, trustees, fiduciaries, insurance companies, including 2,142
domestic for life and domestic not for life, trustees or other 2,143
officers having charge of sinking and bond retirement or other 2,144
special funds of political subdivisions and taxing districts of 2,145
this state, the commissioners of the sinking fund of the state, 2,146
51
the administrator of workers' compensation, the state teachers 2,147
retirement system, the public employees retirement system, the 2,148
public school employees retirement system, and the OHIO police 2,150
and firemen's disability and FIRE pension fund, notwithstanding 2,152
any other provisions of the Revised Code with respect to 2,153
investments by them, and also are acceptable as security for the 2,154
deposit of public moneys. 2,155
Sec. 164.09. (A) The issuer is authorized to issue and 2,162
sell, as provided in this section and in amounts from time to 2,163
time authorized by the general assembly, general obligations of 2,164
this state for the purpose of financing or assisting in the 2,165
financing of the costs of public infrastructure capital 2,166
improvements for local subdivisions. The full faith and credit, 2,168
revenues, and taxing power of the state are and shall be pledged 2,169
to the timely payment of bond service charges on outstanding 2,170
obligations, all in accordance with Section 2k or 2m of Article 2,171
VIII, Ohio Constitution and sections 164.09 to 164.12 of the 2,172
Revised Code, excluding from that pledge fees, excises, or taxes 2,173
relating to the registration, operation, or use of vehicles on 2,174
the public highways, or to fuels used for propelling those
vehicles, and so long as such obligations are outstanding there 2,175
shall be levied and collected excises and taxes, excluding those 2,176
excepted above, in amounts sufficient to pay the bond service 2,177
charges on such obligations and costs relating to credit 2,178
facilities. 2,179
(B)(1) The total principal amount of obligations issued 2,181
pursuant to Section 2k of Article VIII, Ohio Constitution shall 2,182
not exceed one billion two hundred million dollars, and not more 2,183
than one hundred twenty million dollars in principal amount of 2,184
obligations may be issued in any calendar year, all determined as 2,185
provided in sections 164.09 to 164.12 of the Revised Code. 2,187
(2) The total principal amount of obligations issued for 2,190
the purposes of this section pursuant to Section 2m of Article 2,191
VIII, Ohio Constitution, shall not exceed one billion two hundred 2,192
52
million dollars. Not more than one hundred twenty million 2,193
dollars in principal amount of such obligations, plus the 2,194
principal amount of such obligations that in any prior fiscal 2,195
years could have been but were not issued within the 2,196
one-hundred-twenty-million-dollar fiscal year limit, may be
issued in any fiscal year. No obligations shall be issued for 2,197
the purposes of this section pursuant to Section 2m of Article 2,198
VIII, Ohio Constitution, until at least one billion one hundred 2,199
ninety-nine million five hundred thousand dollars aggregate 2,200
principal amount of obligations have been issued pursuant to
Section 2k of Article VIII, Ohio Constitution. The amounts 2,201
specified under division (B)(2) of this section shall be 2,202
determined as provided in sections 164.09 to 164.12 of the 2,204
Revised Code. 2,205
(C) Each issue of obligations shall be authorized by order 2,207
of the issuer. The bond proceedings shall provide for the 2,208
principal amount or maximum principal amount of obligations of an 2,209
issue, and shall provide for or authorize the manner or agency 2,210
for determining the principal maturity or maturities, not 2,211
exceeding the earlier of thirty years from the date of issuance 2,212
of the particular obligations or thirty years from the date the 2,213
debt represented by the particular obligations was originally 2,214
contracted, the interest rate or rates, the date of and the dates 2,215
of payment of interest on the obligations, their denominations, 2,216
and the establishment within or without the state of a place or 2,217
places of payment of bond service charges. Sections 9.96 and 2,218
9.98 to 9.983 of the Revised Code are applicable to the 2,219
obligations. The purpose of the obligations may be stated in the 2,220
bond proceedings as "financing or assisting in the financing of 2,221
local subdivisions capital improvement projects." 2,222
(D) The proceeds of the obligations, except for any 2,224
portion to be deposited in special funds, or in escrow funds for 2,225
the purpose of refunding outstanding obligations, all as may be 2,226
provided in the bond proceedings, shall be deposited to the state 2,227
53
capital improvements fund established by section 164.08 of the 2,228
Revised Code. 2,229
(E) The issuer may appoint paying agents, bond registrars, 2,231
securities depositories, and transfer agents, and may retain the 2,232
services of financial advisers and accounting experts, and retain 2,233
or contract for the services of marketing, remarketing, indexing, 2,234
and administrative agents, other consultants, and independent 2,235
contractors, including printing services, as are necessary in the 2,236
issuer's judgment to carry out sections 164.01 to 164.12 of the 2,237
Revised Code. Financing costs are payable, as provided in the 2,238
bond proceedings, from the proceeds of the obligations, from 2,239
special funds, or from other moneys available for the purpose. 2,240
(F) The bond proceedings, including any trust agreement, 2,242
may contain additional provisions customary or appropriate to the 2,243
financing or to the obligations or to particular obligations, 2,244
including but not limited to: 2,245
(1) The redemption of obligations prior to maturity at the 2,247
option of the state or of the holder or upon the occurrence of 2,248
certain conditions at such price or prices and under such terms 2,249
and conditions as are provided in the bond proceedings; 2,250
(2) The form of and other terms of the obligations; 2,252
(3) The establishment, deposit, investment, and 2,254
application of special funds, and the safeguarding of moneys on 2,255
hand or on deposit, without regard to Chapter 131. or 135. of the 2,256
Revised Code, but subject to any special provisions of this 2,257
section with respect to particular funds or moneys, and provided 2,258
that any bank or trust company that acts as a depository of any 2,259
moneys in special funds may furnish such indemnifying bonds or 2,260
may pledge such securities as required by the issuer; 2,261
(4) Any or every provision of the bond proceedings binding 2,263
upon the issuer and such state agency or local subdivision, 2,264
officer, board, commission, authority, agency, department, or 2,265
other person or body as may from time to time have the authority 2,266
under law to take such actions as may be necessary to perform all 2,267
54
or any part of the duty required by such provision; 2,268
(5) The maintenance of each pledge, any trust agreement, 2,270
or other instrument comprising part of the bond proceedings until 2,271
the state has fully paid or provided for the payment of the bond 2,272
service charges on the obligations or met other stated 2,273
conditions; 2,274
(6) In the event of default in any payments required to be 2,276
made by the bond proceedings, or any other agreement of the 2,277
issuer made as a part of a contract under which the obligations 2,278
were issued or secured, the enforcement of such payments or 2,279
agreements by mandamus, suit in equity, action at law, or any 2,280
combination of the foregoing; 2,281
(7) The rights and remedies of the holders of obligations 2,283
and of the trustee under any trust agreement, and provisions for 2,284
protecting and enforcing them, including limitations on rights of 2,285
individual holders of obligations; 2,286
(8) The replacement of any obligations that become 2,288
mutilated or are destroyed, lost, or stolen; 2,289
(9) Provision for the funding, refunding, or advance 2,291
refunding or other provision for payment of obligations which 2,292
will then no longer be outstanding for purposes of this section 2,293
or of the bond proceedings; 2,294
(10) Any provision that may be made in bond proceedings or 2,297
a trust agreement, including provision for amendment of the bond 2,298
proceedings;
(11) Such other provisions as the issuer determines, 2,300
including limitations, conditions, or qualifications relating to 2,301
any of the foregoing; 2,302
(12) Any other or additional agreements with the holders 2,304
of the obligations relating to the obligations or the security 2,305
for the obligations. 2,306
(G) The great seal of the state or a facsimile of that 2,308
seal may be affixed to or printed on the obligations. The 2,309
obligations requiring signature by the issuer shall be signed by 2,310
55
or bear the facsimile signature of the issuer as provided in the 2,311
bond proceedings. Any obligations may be signed by the person 2,312
who, on the date of execution, is the authorized signer although 2,313
on the date of such obligations such person was not the issuer. 2,314
In case the person whose signature or a facsimile of whose 2,315
signature appears on any obligation ceases to be the issuer 2,316
before delivery of the obligation, such signature or facsimile is 2,317
nevertheless valid and sufficient for all purposes as if the 2,318
person had remained the member until such delivery, and in case 2,320
the seal to be affixed to or printed on obligations has been 2,321
changed after the seal has been affixed to or a facsimile of the 2,322
seal has been printed on the obligations, that seal or facsimile 2,323
seal shall continue to be sufficient as to those obligations and 2,324
obligations issued in substitution or exchange therefor. 2,325
(H) The obligations are negotiable instruments and 2,327
securities under Chapter 1308. of the Revised Code, subject to 2,328
the provisions of the bond proceedings as to registration. 2,329
Obligations may be issued in coupon or in fully registered form, 2,330
or both, as the issuer determines. Provision may be made for the 2,331
registration of any obligations with coupons attached as to 2,332
principal alone or as to both principal and interest, their 2,333
exchange for obligations so registered, and for the conversion or 2,334
reconversion into obligations with coupons attached of any 2,335
obligations registered as to both principal and interest, and for 2,336
reasonable charges for such registration, exchange, conversion, 2,337
and reconversion. Pending preparation of definitive obligations, 2,338
the issuer may issue interim receipts or certificates which shall 2,339
be exchanged for such definitive obligations. 2,340
(I) Obligations may be sold at public sale or at private 2,342
sale, and at such price at, above, or below par, as determined by 2,343
the issuer in the bond proceedings. 2,344
(J) In the discretion of the issuer, obligations may be 2,346
secured additionally by a trust agreement between the state and a 2,347
corporate trustee which may be any trust company or bank having 2,348
56
its principal place of business within the state. Any trust 2,349
agreement may contain the order authorizing the issuance of the 2,350
obligations, any provisions that may be contained in the bond 2,351
proceedings, and other provisions that are customary or 2,352
appropriate in an agreement of the type. 2,353
(K) Except to the extent that their rights are restricted 2,355
by the bond proceedings, any holder of obligations, or a trustee 2,356
under the bond proceedings, may by any suitable form of legal 2,357
proceedings protect and enforce any rights under the laws of this 2,358
state or granted by the bond proceedings. Such rights include 2,359
the right to compel the performance of all duties of the issuer 2,360
and the state. Each duty of the issuer and the issuer's 2,361
employees, and of each state agency and local public entity and 2,362
its officers, members, or employees, undertaken pursuant to the 2,363
bond proceedings, is hereby established as a duty of the issuer, 2,364
and of each such agency, local subdivision, officer, member, or 2,365
employee having authority to perform such duty, specifically 2,366
enjoined by the law and resulting from an office, trust, or 2,367
station within the meaning of section 2731.01 of the Revised 2,368
Code. The persons who are at the time the issuer, or the 2,369
issuer's employees, are not liable in their personal capacities 2,370
on any obligations or any agreements of or with the issuer 2,371
relating to obligations or under the bond proceedings. 2,372
(L) The issuer may authorize and issue obligations for the 2,374
refunding, including funding and retirement, and advance 2,375
refunding with or without payment or redemption prior to 2,376
maturity, of any obligations previously issued. Such refunding 2,377
obligations may be issued in amounts sufficient to pay or to 2,378
provide for payment of the principal amount, including principal 2,379
amounts maturing prior to the redemption of the remaining 2,380
obligations, any redemption premium, and interest accrued or to 2,381
accrue to the maturity or redemption date or dates, payable on 2,382
the refunded obligations, and related financing costs and any 2,383
expenses incurred or to be incurred in connection with such 2,384
57
issuance and refunding. Subject to the bond proceedings 2,385
therefor, the portion of the proceeds of the sale of refunding 2,386
obligations issued under this division to be applied to bond 2,387
service charges on the prior obligations shall be credited to an 2,388
appropriate separate account in the bond service fund and held in 2,389
trust for the purpose by the commissioners of the sinking fund or 2,390
by a corporate trustee. Obligations authorized under this 2,391
division shall be considered to be issued for those purposes for 2,392
which such prior obligations were issued, and, except as 2,393
otherwise provided in sections 164.09 to 164.12 of the Revised 2,394
Code are subject to the provisions of sections 164.09 to 164.12 2,395
of the Revised Code pertaining to other obligations. 2,396
(M) The issuer may authorize and issue obligations in the 2,398
form of bond anticipation notes and renew those notes from time 2,399
to time by the issuance of new notes. The holders of such notes 2,400
or appertaining interest coupons have the right to have bond 2,401
service charges on those notes paid solely from the moneys and 2,402
special funds that are or may be pledged to the payment of bond 2,403
service charges on those notes, including the proceeds of such 2,404
bonds or renewal notes, or both, as the issuer provides in the 2,405
bond proceedings authorizing the notes. Such notes may be 2,406
additionally secured by covenants of the issuer to the effect 2,407
that the issuer and the state will do any or all things necessary 2,409
for the issuance of bonds or renewal notes in appropriate amount, 2,410
and apply the proceeds thereof to the extent necessary, to make 2,411
full and timely payment of the principal of and interest on such 2,412
notes as provided in such bond proceedings. For such purposes, 2,413
the issuer may issue bonds or renewal notes in such principal 2,414
amount and upon such terms as may be necessary to provide moneys 2,415
to pay when due the principal of and interest on such notes. 2,416
Except as otherwise provided in sections 164.08 to 164.12 of the 2,417
Revised Code, notes authorized pursuant to this division are 2,418
subject to sections 164.08 to 164.12 of the Revised Code 2,419
pertaining to other obligations.
58
The issuer in the bond proceedings authorizing the issuance 2,421
of bond anticipation notes shall set forth for the bonds 2,422
anticipated by such notes an estimated schedule of annual 2,423
principal payments for such bonds over a period of thirty years 2,424
from the earlier of the date of issuance of the notes or the date 2,425
of original issuance of prior notes in anticipation of those 2,426
bonds. While the notes are outstanding there shall be deposited, 2,427
as shall be provided in the bond proceedings for those notes, 2,428
from the sources authorized for payment of bond service charges 2,429
on the bonds, amounts sufficient to pay the principal of the 2,430
bonds anticipated as set forth in that estimated schedule during 2,431
the time the notes are outstanding, which amounts shall be used 2,432
solely to pay the principal of those notes or of the bonds 2,433
anticipated. 2,434
(N) Refunding or renewal obligations issued pursuant to 2,436
division (L) or (M) of this section shall not be counted against 2,437
the limitations on principal amount provided for in divisions 2,439
(B)(1) and (2) of this section, and shall be in addition to the 2,440
amount authorized by the general assembly as provided for in 2,441
division (A) of this section, to the extent the principal amount 2,442
of those obligations does not exceed the then outstanding 2,443
principal amount of the obligations to be refunded, renewed, or 2,444
retired. For purposes of this section only, the principal amount 2,445
of an obligation issued to refund an outstanding obligation is 2,446
the amount on which interest or interest equivalent is initially 2,447
calculated and shall not be deemed to include any premium paid by 2,448
the initial purchaser of such obligation. 2,449
(O) Obligations are lawful investments for banks, 2,451
societies for savings, savings and loan associations, deposit 2,452
guarantee associations, trust companies, trustees, fiduciaries, 2,453
insurance companies, including domestic for life and domestic not 2,454
for life, trustees or other officers having charge of sinking and 2,455
bond retirement or other special funds of political subdivisions 2,456
and taxing districts of this state, the commissioners of the 2,457
59
sinking fund, the administrator of workers' compensation, the 2,458
state teachers retirement system, the public employees retirement 2,459
system, the school employees retirement system, and the OHIO 2,460
police and firemen's disability and FIRE pension fund, 2,462
notwithstanding any other provisions of the Revised Code or rules 2,464
adopted pursuant thereto by any state agency with respect to 2,466
investments by them, and are also acceptable as security for the 2,467
deposit of public moneys. 2,468
(P) Unless otherwise provided in any applicable bond 2,470
proceedings, moneys to the credit of or in the special funds 2,471
established by or pursuant to this section may be invested by or 2,472
on behalf of the issuer only in notes, bonds, or other direct 2,473
obligations of the United States or of any agency or 2,474
instrumentality of the United States, in obligations of this 2,476
state or any political subdivision of this state, in certificates 2,477
of deposit of any national bank located in this state and any 2,478
bank, as defined in section 1101.01 of the Revised Code, subject 2,479
to inspection by the superintendent of financial institutions, in 2,480
the Ohio subdivision's fund established pursuant to section 2,481
135.45 of the Revised Code, in no-front-end-load money market 2,482
mutual funds consisting exclusively of direct obligations of the 2,483
United States or of an agency or instrumentality of the United 2,484
States, and in repurchase agreements, including those issued by 2,486
any fiduciary, secured by direct obligations of the United States 2,487
or an agency or instrumentality of the United States, and in 2,489
collective investment funds established in accordance with 2,490
section 1111.14 of the Revised Code and consisting exclusively of 2,491
direct obligations of the United States or of an agency or 2,492
instrumentality of the United States, notwithstanding division 2,493
(A)(1)(c) of that section. The income from investments shall be 2,495
credited to such special funds or otherwise as the issuer 2,496
determines in the bond proceedings, and the investments may be 2,497
sold or exchanged at such times as the issuer determines or 2,498
authorizes.
60
(Q) Unless otherwise provided in any applicable bond 2,500
proceedings, moneys to the credit of or in a special fund shall 2,501
be disbursed on the order of the issuer, provided that no such 2,502
order is required for the payment from the bond service fund or 2,503
other special fund when due of bond service charges or required 2,504
payments under credit facilities. 2,505
(R) The issuer may covenant in the bond proceedings, and 2,507
any such covenants shall be controlling notwithstanding any other 2,508
provision of law, that the state and the applicable officers and 2,509
agencies of the state, including the general assembly, so long as 2,511
any obligations are outstanding in accordance with their terms, 2,512
shall maintain statutory authority for and cause to be charged
and collected taxes, excises, and other receipts of the state so 2,513
that the receipts to the bond service fund shall be sufficient in 2,514
amounts to meet bond service charges and for the establishment 2,515
and maintenance of any reserves and other requirements, including 2,516
payment of financing costs, provided for in the bond proceedings. 2,517
(S) The obligations, and the transfer of, and the interest 2,519
and other income from, including any profit made on the sale, 2,520
transfer, or other disposition of, the obligations shall at all 2,521
times be free from taxation, direct or indirect, within the 2,522
state. 2,523
(T) Unless a judicial action or proceeding challenging the 2,525
validity of obligations is commenced by personal service on the 2,526
treasurer of state prior to the initial delivery of an issue of 2,527
the obligations, the obligations of that issue and the bond 2,528
proceedings pertaining to that issue are incontestable and those 2,529
obligations shall be conclusively considered to be and to have 2,530
been issued, secured, payable, sold, executed, and delivered, and 2,531
the bond proceedings relating to them taken, in conformity with 2,532
law if all of the following apply to the obligations: 2,533
(1) They state that they are issued under the provisions 2,535
of this section and comply on their face with those provisions; 2,536
(2) They are issued within the limitations prescribed by 2,538
61
this section; 2,539
(3) Their purchase price has been paid in full; 2,541
(4) They state that all the bond proceedings were held in 2,543
compliance with law, which statement creates a conclusive 2,544
presumption that the bond proceedings were held in compliance 2,545
with all laws, including section 121.22 of the Revised Code, 2,546
where applicable, and rules. 2,547
Sec. 165.08. Bonds issued under this chapter are lawful 2,556
investments of banks, societies for savings, savings and loan 2,557
associations, deposit guarantee associations, trust companies, 2,558
trustees, fiduciaries, insurance companies, including domestic 2,559
for life and domestic not for life, trustees or other officers 2,560
having charge of sinking and bond retirement or other special
funds of political subdivisions and taxing districts of this 2,561
state, the commissioners of the sinking fund of the state, the 2,562
administrator of workers' compensation, the state teachers 2,564
retirement system, the public employees retirement system, the
public school employees retirement system, and the OHIO police 2,566
and firemen's disability and FIRE pension fund are also 2,567
acceptable as security for the deposit of public moneys. 2,569
Sec. 166.08. (A) As used in this chapter: 2,580
(1) "Bond proceedings" means the resolution, order, trust 2,582
agreement, indenture, lease, and other agreements, amendments and 2,583
supplements to the foregoing, or any one or more or combination 2,584
thereof, authorizing or providing for the terms and conditions 2,585
applicable to, or providing for the security or liquidity of, 2,586
obligations issued pursuant to this section, and the provisions 2,587
contained in such obligations. 2,588
(2) "Bond service charges" means principal, including 2,590
mandatory sinking fund requirements for retirement of 2,591
obligations, and interest, and redemption premium, if any, 2,592
required to be paid by the state on obligations. 2,593
(3) "Bond service fund" means the applicable fund and 2,595
accounts therein created for and pledged to the payment of bond 2,596
62
service charges, which may be, or may be part of, the economic 2,597
development bond service fund created by division (S) of this 2,598
section including all moneys and investments, and earnings from 2,599
investments, credited and to be credited thereto. 2,600
(4) "Issuing authority" means the treasurer of state, or 2,602
the officer who by law performs the functions of such officer. 2,603
(5) "Obligations" means bonds, notes, or other evidence of 2,605
obligation including interest coupons pertaining thereto, issued 2,606
pursuant to this section. 2,607
(6) "Pledged receipts" means all receipts of the state 2,609
representing the gross profit on the sale of spirituous liquor, 2,610
as referred to in division (B)(4) of section 4301.10 of the 2,611
Revised Code, after paying all costs and expenses of the division 2,613
of liquor control and providing an adequate working capital 2,614
reserve for the division of liquor control as provided in that 2,615
division, but excluding the sum required by the second paragraph 2,616
of section 4301.12 of the Revised Code, as in effect on May 2, 2,617
1980, to be paid into the state treasury; moneys accruing to the 2,618
state from the lease, sale, or other disposition, or use, of 2,619
project facilities, and from the repayment, including interest, 2,620
of loans made from proceeds received from the sale of
obligations; accrued interest received from the sale of 2,621
obligations; income from the investment of the special funds; and 2,622
any gifts, grants, donations, and pledges, and receipts 2,623
therefrom, available for the payment of bond service charges. 2,624
(7) "Special funds" or "funds" means, except where the 2,626
context does not permit, the bond service fund, and any other 2,627
funds, including reserve funds, created under the bond 2,628
proceedings, and the economic development bond service fund 2,629
created by division (S) of this section to the extent provided in 2,630
the bond proceedings, including all moneys and investments, and 2,631
earnings from investment, credited and to be credited thereto. 2,632
(B) Subject to the limitations provided in section 166.11 2,634
of the Revised Code, the issuing authority, upon the 2,635
63
certification by the director of development to the issuing 2,636
authority of the amount of moneys or additional moneys needed in 2,637
the facilities establishment fund or the loan guarantee fund for 2,638
the purpose of paying, or making loans for, allowable costs from 2,639
the facilities establishment fund, or needed for capitalized 2,640
interest, for funding reserves, and for paying costs and expenses 2,641
incurred in connection with the issuance, carrying, securing, 2,642
paying, redeeming, or retirement of the obligations or any 2,643
obligations refunded thereby, including payment of costs and 2,644
expenses relating to letters of credit, lines of credit, 2,645
insurance, put agreements, standby purchase agreements, indexing, 2,646
marketing, remarketing and administrative arrangements, interest 2,647
swap or hedging agreements, and any other credit enhancement, 2,648
liquidity, remarketing, renewal, or refunding arrangements, all 2,649
of which are authorized by this section, or providing moneys for 2,650
the loan guarantee fund, as provided in this chapter or needed 2,651
for the purposes of funds established in accordance with or 2,652
pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56, 2,653
122.561, 122.57, and 122.80 of the Revised Code which are within 2,654
the authorization of Section 13 of Article VIII, Ohio 2,655
Constitution, shall issue obligations of the state under this 2,656
section in the required amount; provided that such obligations 2,657
may be issued to the extent necessary to satisfy the covenants in 2,658
contracts of guarantee made under section 166.06 of the Revised 2,659
Code to issue obligations to meet such guarantees, 2,660
notwithstanding limitations otherwise applicable to the issuance 2,661
of obligations under this section. The proceeds of such 2,662
obligations, except for the portion to be deposited in special 2,663
funds, including reserve funds, as may be provided in the bond 2,664
proceedings, shall as provided in the bond proceedings be 2,665
deposited by the director of development to the facilities 2,666
establishment fund or the loan guarantee fund established by 2,667
section 166.06 of the Revised Code. Bond proceedings for project 2,668
financing obligations may provide that the proceeds derived from 2,669
64
the issuance of such obligations shall be deposited into such 2,670
fund or funds provided for in the bond proceedings and, to the
extent provided for in the bond proceedings, such proceeds shall 2,671
be deemed to have been deposited into the facilities 2,672
establishment fund and transferred to such fund or funds. The 2,673
issuing authority may appoint trustees, paying agents, and 2,674
transfer agents and may retain the services of financial 2,675
advisors, accounting experts, and attorneys, and retain or 2,676
contract for the services of marketing, remarketing, indexing, 2,677
and administrative agents, other consultants, and independent 2,678
contractors, including printing services, as are necessary in the 2,679
issuing authority's judgment to carry out this section. The 2,680
costs of such services are allowable costs payable from the 2,681
facilities establishment fund. 2,682
(C) The holders or owners of such obligations shall have 2,684
no right to have moneys raised by taxation obligated or pledged, 2,685
and moneys raised by taxation shall not be obligated or pledged, 2,686
for the payment of bond service charges. Such holders or owners 2,687
shall have no rights to payment of bond service charges from any 2,688
moneys accruing to the state from the lease, sale, or other 2,689
disposition, or use, of project facilities, or from payment of 2,690
the principal of or interest on loans made, or fees charged for 2,691
guarantees made, or from any money or property received by the 2,692
director, treasurer of state, or the state under Chapter 122. of 2,693
the Revised Code, or from any other use of the proceeds of the 2,694
sale of the obligations, and no such moneys may be used for the 2,695
payment of bond service charges, except for accrued interest, 2,696
capitalized interest, and reserves funded from proceeds received 2,697
upon the sale of the obligations and except as otherwise 2,698
expressly provided in the applicable bond proceedings pursuant to 2,699
written directions by the director. The right of such holders 2,700
and owners to payment of bond service charges is limited to all 2,701
or that portion of the pledged receipts and those special funds 2,702
pledged thereto pursuant to the bond proceedings in accordance 2,703
65
with this section, and each such obligation shall bear on its 2,704
face a statement to that effect. 2,705
(D) Obligations shall be authorized by resolution or order 2,707
of the issuing authority and the bond proceedings shall provide 2,708
for the purpose thereof and the principal amount or amounts, and 2,709
shall provide for or authorize the manner or agency for 2,710
determining the principal maturity or maturities, not exceeding 2,711
twenty-five years from the date of issuance, the interest rate or 2,712
rates or the maximum interest rate, the date of the obligations 2,713
and the dates of payment of interest thereon, their denomination, 2,714
and the establishment within or without the state of a place or 2,715
places of payment of bond service charges. Sections 9.98 to 2,716
9.983 of the Revised Code are applicable to obligations issued 2,717
under this section, subject to any applicable limitation under 2,718
section 166.11 of the Revised Code. The purpose of such 2,719
obligations may be stated in the bond proceedings in terms 2,720
describing the general purpose or purposes to be served. The 2,721
bond proceedings also shall provide, subject to the provisions of 2,722
any other applicable bond proceedings, for the pledge of all, or 2,723
such part as the issuing authority may determine, of the pledged 2,724
receipts and the applicable special fund or funds to the payment 2,725
of bond service charges, which pledges may be made either prior 2,726
or subordinate to other expenses, claims, or payments, and may be 2,727
made to secure the obligations on a parity with obligations 2,728
theretofore or thereafter issued, if and to the extent provided 2,729
in the bond proceedings. The pledged receipts and special funds 2,730
so pledged and thereafter received by the state are immediately 2,731
subject to the lien of such pledge without any physical delivery 2,732
thereof or further act, and the lien of any such pledges is valid 2,733
and binding against all parties having claims of any kind against 2,734
the state or any governmental agency of the state, irrespective 2,735
of whether such parties have notice thereof, and shall create a 2,736
perfected security interest for all purposes of Chapter 1309. of 2,737
the Revised Code, without the necessity for separation or 2,738
66
delivery of funds or for the filing or recording of the bond 2,739
proceedings by which such pledge is created or any certificate, 2,740
statement or other document with respect thereto; and the pledge 2,741
of such pledged receipts and special funds is effective and the 2,742
money therefrom and thereof may be applied to the purposes for 2,743
which pledged without necessity for any act of appropriation. 2,744
Every pledge, and every covenant and agreement made with respect 2,745
thereto, made in the bond proceedings may therein be extended to 2,746
the benefit of the owners and holders of obligations authorized 2,747
by this section, and to any trustee therefor, for the further 2,748
security of the payment of the bond service charges. 2,749
(E) The bond proceedings may contain additional provisions 2,751
as to: 2,752
(1) The redemption of obligations prior to maturity at the 2,754
option of the issuing authority at such price or prices and under 2,755
such terms and conditions as are provided in the bond 2,756
proceedings; 2,757
(2) Other terms of the obligations; 2,759
(3) Limitations on the issuance of additional obligations; 2,761
(4) The terms of any trust agreement or indenture securing 2,763
the obligations or under which the same may be issued; 2,764
(5) The deposit, investment and application of special 2,766
funds, and the safeguarding of moneys on hand or on deposit, 2,767
without regard to Chapter 131. or 135. of the Revised Code, but 2,768
subject to any special provisions of this chapter, with respect 2,769
to particular funds or moneys, provided that any bank or trust 2,770
company which acts as depository of any moneys in the special 2,771
funds may furnish such indemnifying bonds or may pledge such 2,772
securities as required by the issuing authority; 2,773
(6) Any or every provision of the bond proceedings being 2,775
binding upon such officer, board, commission, authority, agency, 2,776
department, or other person or body as may from time to time have 2,777
the authority under law to take such actions as may be necessary 2,778
to perform all or any part of the duty required by such 2,779
67
provision; 2,780
(7) Any provision that may be made in a trust agreement or 2,782
indenture; 2,783
(8) Any other or additional agreements with the holders of 2,785
the obligations, or the trustee therefor, relating to the 2,786
obligations or the security therefor, including the assignment of 2,787
mortgages or other security obtained or to be obtained for loans 2,788
under section 122.43 or 166.07 of the Revised Code. 2,789
(F) The obligations may have the great seal of the state 2,791
or a facsimile thereof affixed thereto or printed thereon. The 2,792
obligations and any coupons pertaining to obligations shall be 2,793
signed or bear the facsimile signature of the issuing authority. 2,794
Any obligations or coupons may be executed by the person who, on 2,795
the date of execution, is the proper issuing authority although 2,796
on the date of such bonds or coupons such person was not the 2,797
issuing authority. If the issuing authority whose signature or a 2,799
facsimile of whose signature appears on any such obligation or 2,800
coupon ceases to be the issuing authority before delivery
thereof, such signature or facsimile is nevertheless valid and 2,801
sufficient for all purposes as if the former issuing authority 2,803
had remained the issuing authority until such delivery; and if 2,804
the seal to be affixed to obligations has been changed after a 2,805
facsimile of the seal has been imprinted on such obligations, 2,806
such facsimile seal shall continue to be sufficient as to such 2,807
obligations and obligations issued in substitution or exchange 2,808
therefor.
(G) All obligations are negotiable instruments and 2,810
securities under Chapter 1308. of the Revised Code, subject to 2,811
the provisions of the bond proceedings as to registration. The 2,812
obligations may be issued in coupon or in registered form, or 2,813
both, as the issuing authority determines. Provision may be made 2,814
for the registration of any obligations with coupons attached 2,815
thereto as to principal alone or as to both principal and 2,816
interest, their exchange for obligations so registered, and for 2,817
68
the conversion or reconversion into obligations with coupons 2,818
attached thereto of any obligations registered as to both 2,819
principal and interest, and for reasonable charges for such 2,820
registration, exchange, conversion, and reconversion. 2,821
(H) Obligations may be sold at public sale or at private 2,823
sale, as determined in the bond proceedings. 2,824
Obligations issued to provide moneys for the loan guarantee 2,826
fund may, as determined by the issuing authority, be sold at 2,827
private sale, and without publication of a notice of sale. 2,828
(I) Pending preparation of definitive obligations, the 2,830
issuing authority may issue interim receipts or certificates 2,831
which shall be exchanged for such definitive obligations. 2,832
(J) In the discretion of the issuing authority, 2,834
obligations may be secured additionally by a trust agreement or 2,835
indenture between the issuing authority and a corporate trustee 2,836
which may be any trust company or bank having its principal place 2,837
of business within the state. Any such agreement or indenture 2,838
may contain the resolution or order authorizing the issuance of 2,839
the obligations, any provisions that may be contained in any bond 2,840
proceedings, and other provisions which are customary or 2,841
appropriate in an agreement or indenture of such type, including, 2,842
but not limited to: 2,843
(1) Maintenance of each pledge, trust agreement, 2,845
indenture, or other instrument comprising part of the bond 2,846
proceedings until the state has fully paid the bond service 2,847
charges on the obligations secured thereby, or provision therefor 2,848
has been made; 2,849
(2) In the event of default in any payments required to be 2,851
made by the bond proceedings, or any other agreement of the 2,852
issuing authority made as a part of the contract under which the 2,853
obligations were issued, enforcement of such payments or 2,854
agreement by mandamus, the appointment of a receiver, suit in 2,855
equity, action at law, or any combination of the foregoing; 2,856
(3) The rights and remedies of the holders of obligations 2,858
69
and of the trustee, and provisions for protecting and enforcing 2,859
them, including limitations on rights of individual holders of 2,860
obligations; 2,861
(4) The replacement of any obligations that become 2,863
mutilated or are destroyed, lost, or stolen; 2,864
(5) Such other provisions as the trustee and the issuing 2,866
authority agree upon, including limitations, conditions, or 2,867
qualifications relating to any of the foregoing. 2,868
(K) Any holders of obligations or trustees under the bond 2,870
proceedings, except to the extent that their rights are 2,871
restricted by the bond proceedings, may by any suitable form of 2,872
legal proceedings, protect and enforce any rights under the laws 2,873
of this state or granted by such bond proceedings. Such rights 2,874
include the right to compel the performance of all duties of the 2,875
issuing authority, the director of development, or the division 2,876
of liquor control required by this chapter or the bond 2,877
proceedings; to enjoin unlawful activities; and in the event of 2,878
default with respect to the payment of any bond service charges 2,879
on any obligations or in the performance of any covenant or 2,880
agreement on the part of the issuing authority, the director of 2,881
development, or the division of liquor control in the bond 2,882
proceedings, to apply to a court having jurisdiction of the cause 2,883
to appoint a receiver to receive and administer the pledged 2,884
receipts and special funds, other than those in the custody of 2,885
the treasurer of state, which are pledged to the payment of the 2,886
bond service charges on such obligations or which are the subject 2,887
of the covenant or agreement, with full power to pay, and to 2,888
provide for payment of bond service charges on, such obligations, 2,889
and with such powers, subject to the direction of the court, as 2,890
are accorded receivers in general equity cases, excluding any 2,891
power to pledge additional revenues or receipts or other income 2,892
or moneys of the issuing authority or the state or governmental 2,893
agencies of the state to the payment of such principal and 2,894
interest and excluding the power to take possession of, mortgage, 2,895
70
or cause the sale or otherwise dispose of any project facilities. 2,896
Each duty of the issuing authority and the issuing 2,898
authority's officers and employees, and of each governmental 2,899
agency and its officers, members, or employees, undertaken 2,900
pursuant to the bond proceedings or any agreement or lease, 2,901
lease-purchase agreement, or loan made under authority of this 2,902
chapter, and in every agreement by or with the issuing authority, 2,903
is hereby established as a duty of the issuing authority, and of 2,904
each such officer, member, or employee having authority to 2,905
perform such duty, specifically enjoined by the law resulting 2,906
from an office, trust, or station within the meaning of section 2,907
2731.01 of the Revised Code. 2,908
The person who is at the time the issuing authority, or the 2,910
issuing authority's officers or employees, are not liable in 2,911
their personal capacities on any obligations issued by the 2,912
issuing authority or any agreements of or with the issuing 2,913
authority. 2,914
(L) The issuing authority may authorize and issue 2,916
obligations for the refunding, including funding and retirement, 2,917
and advance refunding with or without payment or redemption prior 2,918
to maturity, of any obligations previously issued by the issuing 2,919
authority. Such obligations may be issued in amounts sufficient 2,920
for payment of the principal amount of the prior obligations, any 2,921
redemption premiums thereon, principal maturities of any such 2,922
obligations maturing prior to the redemption of the remaining 2,923
obligations on a parity therewith, interest accrued or to accrue 2,924
to the maturity dates or dates of redemption of such obligations, 2,925
and any allowable costs including expenses incurred or to be 2,926
incurred in connection with such issuance and such refunding, 2,927
funding, and retirement. Subject to the bond proceedings 2,928
therefor, the portion of proceeds of the sale of obligations 2,929
issued under this division to be applied to bond service charges 2,930
on the prior obligations shall be credited to an appropriate 2,931
account held by the trustee for such prior or new obligations or 2,932
71
to the appropriate account in the bond service fund for such 2,933
obligations. Obligations authorized under this division shall be 2,934
deemed to be issued for those purposes for which such prior 2,935
obligations were issued and are subject to the provisions of this 2,936
section pertaining to other obligations, except as otherwise 2,937
provided in this section; provided that, unless otherwise 2,938
authorized by the general assembly, any limitations imposed by 2,939
the general assembly pursuant to this section with respect to 2,940
bond service charges applicable to the prior obligations shall be 2,941
applicable to the obligations issued under this division to 2,942
refund, fund, advance refund or retire such prior obligations. 2,943
(M) The authority to issue obligations under this section 2,945
includes authority to issue obligations in the form of bond 2,946
anticipation notes and to renew the same from time to time by the 2,947
issuance of new notes. The holders of such notes or interest 2,948
coupons pertaining thereto shall have a right to be paid solely 2,949
from the pledged receipts and special funds that may be pledged 2,950
to the payment of the bonds anticipated, or from the proceeds of 2,951
such bonds or renewal notes, or both, as the issuing authority 2,952
provides in the resolution or order authorizing such notes. Such 2,953
notes may be additionally secured by covenants of the issuing 2,954
authority to the effect that the issuing authority and the state 2,955
will do such or all things necessary for the issuance of such 2,956
bonds or renewal notes in appropriate amount, and apply the 2,957
proceeds thereof to the extent necessary, to make full payment of 2,958
the principal of and interest on such notes at the time or times 2,959
contemplated, as provided in such resolution or order. For such 2,960
purpose, the issuing authority may issue bonds or renewal notes 2,961
in such principal amount and upon such terms as may be necessary 2,962
to provide funds to pay when required the principal of and 2,963
interest on such notes, notwithstanding any limitations 2,964
prescribed by or for purposes of this section. Subject to this 2,965
division, all provisions for and references to obligations in 2,966
this section are applicable to notes authorized under this 2,967
72
division. 2,968
The issuing authority in the bond proceedings authorizing 2,970
the issuance of bond anticipation notes shall set forth for such 2,971
bonds an estimated interest rate and a schedule of principal 2,972
payments for such bonds and the annual maturity dates thereof, 2,973
and for purposes of any limitation on bond service charges 2,974
prescribed under division (A) of section 166.11 of the Revised 2,975
Code, the amount of bond service charges on such bond 2,976
anticipation notes is deemed to be the bond service charges for 2,977
the bonds anticipated thereby as set forth in the bond 2,978
proceedings applicable to such notes, but this provision does not 2,979
modify any authority in this section to pledge receipts and 2,980
special funds to, and covenant to issue bonds to fund, the 2,981
payment of principal of and interest and any premium on such 2,982
notes. 2,983
(N) Obligations issued under this section are lawful 2,985
investments for banks, societies for savings, savings and loan 2,986
associations, deposit guarantee associations, trust companies, 2,987
trustees, fiduciaries, insurance companies, including domestic 2,988
for life and domestic not for life, trustees or other officers 2,989
having charge of sinking and bond retirement or other special 2,990
funds of political subdivisions and taxing districts of this 2,991
state, the commissioners of the sinking fund of the state, the 2,992
administrator of workers' compensation, the state teachers 2,993
retirement system, the public employees retirement system, the 2,994
school employees retirement system, and the OHIO police and 2,995
firefighters' disability and FIRE pension fund, notwithstanding 2,997
any other provisions of the Revised Code or rules adopted 2,998
pursuant thereto by any governmental agency of the state with 2,999
respect to investments by them, and are also acceptable as 3,000
security for the deposit of public moneys. 3,001
(O) Unless otherwise provided in any applicable bond 3,003
proceedings, moneys to the credit of or in the special funds 3,004
established by or pursuant to this section may be invested by or 3,005
73
on behalf of the issuing authority only in notes, bonds, or other 3,006
obligations of the United States, or of any agency or 3,007
instrumentality of the United States, obligations guaranteed as 3,008
to principal and interest by the United States, obligations of 3,009
this state or any political subdivision of this state, and 3,010
certificates of deposit of any national bank located in this 3,011
state and any bank, as defined in section 1101.01 of the Revised 3,012
Code, subject to inspection by the superintendent of banks. If 3,013
the law or the instrument creating a trust pursuant to division 3,014
(J) of this section expressly permits investment in direct 3,015
obligations of the United States or an agency of the United 3,016
States, unless expressly prohibited by the instrument, such 3,017
moneys also may be invested in no-front-end-load money market 3,018
mutual funds consisting exclusively of obligations of the United 3,019
States or an agency of the United States and in repurchase
agreements, including those issued by the fiduciary itself, 3,020
secured by obligations of the United States or an agency of the 3,021
United States; and in common trust funds established in 3,022
accordance with section 1111.20 of the Revised Code and 3,023
consisting exclusively of any such securities, notwithstanding 3,024
division (A)(4) of that section. The income from such 3,025
investments shall be credited to such funds as the issuing 3,026
authority determines, and such investments may be sold at such 3,027
times as the issuing authority determines or authorizes. 3,028
(P) Provision may be made in the applicable bond 3,030
proceedings for the establishment of separate accounts in the 3,031
bond service fund and for the application of such accounts only 3,032
to the specified bond service charges on obligations pertinent to 3,033
such accounts and bond service fund and for other accounts 3,034
therein within the general purposes of such fund. Unless 3,035
otherwise provided in any applicable bond proceedings, moneys to 3,036
the credit of or in the several special funds established 3,037
pursuant to this section shall be disbursed on the order of the 3,038
treasurer of state, provided that no such order is required for 3,039
74
the payment from the bond service fund when due of bond service 3,040
charges on obligations. 3,041
(Q) The issuing authority may pledge all, or such portion 3,043
as the issuing authority determines, of the pledged receipts to 3,044
the payment of bond service charges on obligations issued under 3,045
this section, and for the establishment and maintenance of any 3,046
reserves, as provided in the bond proceedings, and make other 3,047
provisions therein with respect to pledged receipts as authorized 3,048
by this chapter, which provisions are controlling notwithstanding 3,049
any other provisions of law pertaining thereto. 3,050
(R) The issuing authority may covenant in the bond 3,052
proceedings, and any such covenants are controlling 3,053
notwithstanding any other provision of law, that the state and 3,054
applicable officers and governmental agencies of the state, 3,055
including the general assembly, so long as any obligations are 3,057
outstanding, shall:
(1) Maintain statutory authority for and cause to be 3,059
charged and collected wholesale and retail prices for spirituous 3,060
liquor sold by the state or its agents so that the pledged 3,061
receipts are sufficient in amount to meet bond service charges, 3,062
and the establishment and maintenance of any reserves and other 3,063
requirements provided for in the bond proceedings, and, as 3,064
necessary, to meet covenants contained in contracts of guarantee 3,065
made under section 166.06 of the Revised Code; 3,066
(2) Take or permit no action, by statute or otherwise, 3,068
that would impair the exemption from federal income taxation of 3,069
the interest on the obligations. 3,070
(S) There is hereby created the economic development bond 3,072
service fund, which shall be in the custody of the treasurer of 3,073
state but shall be separate and apart from and not a part of the 3,074
state treasury. All moneys received by or on account of the 3,075
issuing authority or state agencies and required by the 3,076
applicable bond proceedings, consistent with this section, to be 3,077
deposited, transferred, or credited to a bond service fund or the 3,078
75
economic development bond service fund, and all other moneys 3,079
transferred or allocated to or received for the purposes of the 3,080
fund, shall be deposited and credited to such fund and to any 3,081
separate accounts therein, subject to applicable provisions of 3,082
the bond proceedings, but without necessity for any act of 3,083
appropriation. During the period beginning with the date of the 3,084
first issuance of obligations and continuing during such time as 3,085
any such obligations are outstanding, and so long as moneys in 3,086
the pertinent bond service funds are insufficient to pay all bond 3,087
services charges on such obligations becoming due in each year, a 3,088
sufficient amount of the gross profit on the sale of spirituous 3,089
liquor included in pledged receipts are committed and shall be 3,090
paid to the bond service fund or economic development bond 3,091
service fund in each year for the purpose of paying the bond 3,092
service charges becoming due in that year without necessity for 3,093
further act of appropriation for such purpose and notwithstanding 3,094
anything to the contrary in Chapter 4301. of the Revised Code. 3,095
The economic development bond service fund is a trust fund and is 3,096
hereby pledged to the payment of bond service charges to the 3,097
extent provided in the applicable bond proceedings, and payment 3,098
thereof from such fund shall be made or provided for by the 3,099
treasurer of state in accordance with such bond proceedings 3,100
without necessity for any act of appropriation. 3,101
(T) The obligations, the transfer thereof, and the income 3,103
therefrom, including any profit made on the sale thereof, shall 3,104
at all times be free from taxation within the state. 3,105
Sec. 171.01. There is hereby created the Ohio retirement 3,114
study council, CONSISTING of fourteen members TO BE APPOINTED as 3,116
follows:
(A) Three members of the senate, appointed by the 3,118
president of the senate, not more than two of whom may be members 3,119
of the same political party; 3,120
(B) Three members of the house of representatives, 3,122
appointed by the speaker of the house of representatives, not 3,123
76
more than two of whom may be members of the same political party; 3,124
(C) Three members appointed by the governor, with the 3,126
advice and consent of the senate, not more than two of whom shall 3,127
be members of the same political party, one of whom shall 3,128
represent the state and its employees; one of whom shall 3,129
represent nonstate governments and their employees; AND one of 3,130
whom shall represent educational employers and their employees. 3,131
Terms of the existing members appointed by the governor shall not 3,132
be affected. Terms of office of members appointed by the 3,133
governor shall be for three years, commencing on the first day of 3,134
July and ending on the thirtieth day of June. Each member 3,135
appointed by the governor shall hold office from the date of 3,136
appointment until the end of the term for which the appointment 3,137
was made. Any member appointed by the governor to fill a vacancy 3,139
occurring prior to the expiration of the term for which the 3,140
member's predecessor was appointed shall hold office for the 3,142
remainder of such term. Any member shall continue in office 3,143
subsequent to the expiration date of the member's term until the 3,144
member's successor takes office, or until a period of sixty days 3,146
has elapsed, whichever occurs first.
(D) Five ex officio members as follows: the executive 3,148
director of the public employees retirement system, the executive 3,149
director of the state teachers retirement system, the executive 3,150
director of the school employees retirement system, the executive 3,151
secretary of the OHIO police and firemen's disability and FIRE 3,153
pension fund, and the secretary of the state highway patrol 3,154
retirement board, who shall be nonvoting members. 3,155
A vacancy on the council shall be filled by the person 3,158
qualified to make the original appointment for the unexpired 3,159
term, in the same manner as the original appointment. 3,160
The members of the council who are appointed from the 3,162
membership of the senate and the house of representatives shall 3,163
serve during their terms as members of the general assembly and 3,164
until their successors are appointed and qualified, 3,165
77
notwithstanding the adjournment of the general assembly of which 3,166
they are members or the expiration of their terms as members of 3,167
such general assembly. 3,168
Sec. 171.03. The Ohio retirement study council may: 3,177
(A) Appoint a director to manage and direct the duties of 3,179
the staff of the council. The director shall be a person who has 3,182
had training and experience in areas related to the duties of the 3,183
council.
(B) Appoint such professional, technical, and clerical 3,185
employees as are necessary, and employ or hire on a consulting 3,186
basis such actuarial, legal, investment, or other technical 3,187
services required for the performance of its duties; 3,188
(C) Fix the compensation of the director and all other 3,190
employees of the council. The employees of the council shall be 3,193
members of the public employees retirement system;.
(D) Require the public employees retirement board, the 3,195
state teachers retirement board, the school employees retirement 3,196
board, the state highway patrol retirement system, the OHIO 3,197
police and firemen's disability and FIRE pension fund, and any 3,199
agency or official of this state or its political subdivisions to 3,201
provide it with any information necessary to carry out its 3,202
duties;
(E) Administer oaths and hold public hearings at such 3,204
times and places within the state as may be necessary to 3,205
accomplish the purposes and intent of Chapter 171. of the Revised 3,206
Code. 3,207
Sec. 171.05. The compensation of all employees of the Ohio 3,216
retirement study council and other expenses of the council shall 3,218
be paid upon vouchers approved by the director and the
chairperson of the council. 3,219
The public employees retirement system, state teachers 3,221
retirement system, school employees retirement system, state 3,223
highway patrol retirement system, and OHIO police and firemen's 3,224
disability and FIRE pension fund shall pay the annual expenses of 3,225
78
the council. The council shall prepare and submit to the 3,227
retirement boards on or before the thirtieth day of June of each 3,228
year an itemized estimate of the amounts necessary to pay the 3,229
expenses of the council during the following year. Such expenses 3,231
shall be charged to and paid by each of the retirement systems in 3,232
the same ratio as the assets of each system, as of the preceding 3,233
January first, bear to the total assets of all five systems on 3,234
that date.
The council shall establish policies and procedures for 3,236
purchasing goods and services on a competitive basis and 3,237
maintaining tangible personal property. The policies and 3,238
procedures shall be designed to safeguard the use of funds 3,239
received by the council. An audit performed under Chapter 117. 3,240
of the Revised Code shall include a determination of the
council's compliance with the policies and procedures. 3,241
The council is not subject to Chapters 123., 124., 125., 3,243
126., and 127. of the Revised Code. 3,244
The treasurer of state shall be the custodian of all funds 3,246
of the council. 3,247
Sec. 175.09. (A) All bonds issued under this chapter are 3,256
lawful investments of banks, societies for savings, savings and 3,257
loan associations, deposit guarantee associations, trust 3,258
companies, trustees, fiduciaries, insurance companies, including 3,259
domestic for life and domestic not for life, trustees or other 3,260
officers having charge of sinking and bond retirement or other 3,261
special funds of political subdivisions and taxing districts of 3,262
this state, the commissioners of the sinking fund of the state, 3,263
the administrator of workers' compensation, the state teachers 3,264
retirement system, the public employees retirement system, the 3,265
school employees retirement system, and the OHIO police and 3,266
firemen's disability and FIRE pension fund, notwithstanding any 3,267
other provision of the Revised Code or rules adopted pursuant 3,269
thereto by any governmental agency of the state with respect to 3,270
investments by them, and are acceptable as security for the 3,271
79
deposit of public moneys. 3,272
(B) The exercise of the powers granted by this chapter 3,274
will be in all respects for the benefit of the people of the 3,275
state, for the improvement of their health, safety, convenience, 3,276
and economic welfare, and for the enhancement of the 3,277
opportunities for safe and sanitary housing and is a public 3,278
purpose. The programs undertaken by the Ohio housing finance 3,279
agency constitute the performance of essential public functions, 3,280
and the bonds issued under this chapter, their transfer, and the 3,281
income therefrom, including any profit made on the sale thereof, 3,282
is at all times free from taxation within the state. 3,283
Sec. 306.09. (A) The board of county commissioners, on 3,292
its own initiative if it operates a county transit system or at 3,294
the request of the county transit board if one is appointed, may 3,295
issue bonds of the county pursuant to Chapter 133. of the Revised
Code, for the purpose of purchasing, acquiring, constructing, 3,296
enlarging, and improving the county transit system. 3,297
(B) The board of county commissioners operating a transit 3,299
system or a county transit board, with the approval of the county 3,300
commissioners, may issue revenue bonds of the county for the 3,301
purpose of purchasing, acquiring, constructing, enlarging, and 3,302
improving the county transit system. The issuing board shall 3,304
provide by resolution for the issuance of such bonds. The
principal, interest, and all other payments required to be made 3,305
by any trust agreement or indenture securing such bonds shall be 3,306
payable, as provided in such resolution, solely from the revenues 3,307
or other income of the county transit system. Bonds may be 3,308
issued at one time or from time to time and each issue shall be 3,309
dated, bear interest, mature at such time or times not exceeding 3,310
forty years from the date of issue, and be redeemable before 3,311
maturity at the option of the board at such price or prices and 3,312
under such terms and conditions as may be provided by the board 3,313
in its resolution. The board shall determine the form of the 3,315
bonds and any coupons pertaining thereto, fix their 3,316
80
denominations, and establish within or without this state the 3,317
place or places of payment of principal and interest. The 3,318
resolution shall determine the method of execution of such bonds, 3,319
provide for sale of the bonds at public or private sale as the 3,320
board determines most advantageous and for such prices, above or 3,321
below the par value thereof, as the board determines or within 3,322
such limit or limits as it may fix.
Where a transit board is appointed, if any member of the 3,325
county transit board or officer of the county transit system who 3,326
has signed bonds or coupons pertaining thereto or caused his THE 3,327
MEMBER'S OR OFFICER'S facsimile signature to be affixed thereto 3,328
ceases to be a member or officer before such bonds or coupons 3,329
have been delivered, such bonds or coupons may be issued and 3,330
delivered as though the person who had signed the bonds or 3,331
coupons or caused his THE PERSON'S facsimile signature to be 3,332
affixed thereto had not ceased to be a member or officer. Bonds 3,334
or coupons may be executed on behalf of the county by a member of 3,335
the county transit board or officer of the county transit system 3,336
who is a member or officer on the date of execution, although 3,337
such person was not a member or officer on the date of such bonds 3,338
or coupons.
All bonds issued under authority of this section have all 3,340
qualities and incidents of negotiable instruments, subject to 3,341
provisions for registration, and may be issued in coupon or fully 3,342
registered form, or both, as the board provides. Provision may 3,343
be made for the registration of any coupon bonds as to principal 3,344
alone or as to both principal and interest and for the conversion 3,345
into fully registered bonds of coupon bonds, and into coupon 3,346
bonds of any fully registered bond or bonds registered as to both 3,347
principal and interest. 3,348
(C) The proceedings authorizing issuance of revenue bonds 3,350
pursuant to division (B) of this section may contain provisions 3,351
that shall be a part of the contract with the bondholders as to: 3,352
(1) Pledging the rates, revenues, and other income, 3,354
81
charges, and moneys therein designated for the payment of the 3,355
principal of and interest on the bonds and all other payments 3,356
required to be made by the bond proceedings; 3,357
(2) Provisions regarding the purposes to which the 3,359
proceeds of the bonds may be applied; 3,360
(3) Terms of the bonds; 3,362
(4) Maintenance, collection, use, and disposition of 3,364
rates, revenues, and other income, charges, and moneys received 3,365
from the operation or disposition of the county transit system; 3,366
(5) Terms and conditions under which additional bonds may 3,368
be issued secured by a pledge of rates, revenues, and other 3,369
income, charges, and moneys received from the operation or 3,370
disposition of the county transit system; 3,371
(6) Terms of any trust agreement or indenture of mortgage 3,373
securing the bonds, including authorization for the county 3,374
transit board to enter into such agreement or indenture on behalf 3,375
of the county and with a corporate trustee which may be any trust 3,376
company or bank having the powers of a trust company within or 3,377
without this state; 3,378
(7) The deposit, application, safeguarding, and investment 3,380
of funds of the county transit board or board of county 3,381
commissioers COMMISSIONERS received or held under such trust 3,383
agreement or indenture to which the provisions of Chapters 131. 3,384
and 135. of the Revised Code are not applicable;
(8) Any other appropriate agreements with the bondholders 3,386
with respect to the rates, revenues, and other income, charges, 3,387
and moneys received from the operation or disposition of the 3,388
county transit system; 3,389
(9) Other provisions that are customary or appropriate in 3,391
an agreement or indenture of such type, including but not limited 3,392
to: 3,393
(a) Mortgage or any real estate or interest therein 3,395
acquired from the proceeds of such bonds; 3,396
(b) Covenant to maintain each pledge, trust agreement, and 3,398
82
indenture of mortgage made for the security of any bonds until 3,399
the principal of and interest on the bonds has been fully paid, 3,400
or provision therefor has been made, for the security of which 3,401
the pledge has been made and the trust agreement or the indenture 3,402
of mortgage has been given; 3,403
(c) In the event of default in any payments required to be 3,405
made or any other agreement made as a part of the contract under 3,406
which the bonds are issued, enforcement of such payments or 3,407
agreement by mandamus, the appointment of a receiver in equity, 3,408
or, if a mortgage has been given, the foreclosure of such 3,409
mortgage, or any combination of the foregoing; 3,410
(d) The rights and remedies of the bondholders and of the 3,412
trustee and provisions for protecting and enforcing them, 3,413
including limitations on rights of individual bondholders; 3,414
(e) Such other provisions as the trustee, the original 3,416
purchaser of the bonds, and the board of county commissioners or 3,417
county transit board agree upon. 3,418
(D) Any holder of bonds issued pursuant to division (B) of 3,420
this section or a trustee under a trust agreement or indenture of 3,421
mortgage entered into pursuant to division (C)(6) of this 3,422
section, except to the extent that their rights are restricted by 3,423
the bond proceedings or the terms of the bonds, may by any 3,424
suitable form of legal proceedings, protect and enforce any 3,425
rights under the laws of this state or granted by the bond 3,426
proceedings. Such rights include the right: 3,427
(1) to TO compel the performance of all duties of the 3,429
county transit board or board of county commissioners required by 3,431
sections 306.01 to 306.13 of the Revised Code, or the bond 3,432
proceedings;
(2) to TO enjoin unlawful activities; 3,434
(3) in IN the event of default in the payment of any 3,436
principal or interest on any bond or in the performance of any 3,438
covenant or agreement on the part of the county transit board or 3,439
board of county commissioners in the resolution, trust agreement, 3,440
83
or indenture, to apply to a court to appoint a receiver to 3,441
administer and operate the county transit system, the rates, 3,442
revenues, and other income, charges, and moneys of which are 3,443
pledged to the payment of and interest on such bonds, or which 3,444
are the subject of the covenant or agreement, with full power to 3,445
pay and to provide for payment of principal and interest on such 3,446
bonds, and with such powers subject to the direction of the court 3,447
as are accorded receivers in general equity cases, excluding any 3,448
power to pledge additional rates, revenues, or other income, 3,449
charges, or moneys of the county, including those derived from 3,450
taxation, to the payment of such principal and interest; 3,451
(4) to TO foreclose the mortgage on any real estate or 3,453
interest therein which has been mortgaged, in the same manner as 3,454
real estate of private corporations. 3,455
(E) Bonds issued pursuant to division (B) of section 3,457
306.09 and to section 306.10 of the Revised Code are lawful 3,458
investments of banks, societies for savings, savings and loan 3,459
associations, deposit guaranty associations, trust companies, 3,460
trustees, fiduciaries, insurance companies, including domestic 3,461
for life and domestic not for life, trustees or other officers 3,462
having charge of sinking and bond retirement or other special 3,463
funds of political subdivisions and taxing districts of this 3,464
state, the commissioners of the sinking fund of the state, the 3,465
administrator of workers' compensation, the state teachers 3,466
retirement system, the public employees retirement system, the 3,467
school employees retirement system, and the OHIO police and 3,468
firemen's disability and FIRE pension fund, and are acceptable as 3,470
security for the deposit of public moneys. 3,471
Sec. 306.85. Bonds of a regional transit commission are 3,480
lawful investments of banks, savings banks, mutual savings banks, 3,481
trust companies, savings and loan associations, deposit guaranty 3,482
associations, bond retirement funds or sinking funds of municipal 3,483
corporations, boards of education, regional transit commissions, 3,484
counties, the administrator of workers' compensation, state
84
teachers retirement system, public school employees retirement 3,486
system, public employees retirement system, OHIO police and 3,488
firemen's disability and FIRE pension fund, and domestic 3,490
insurance companies for life and other than life, and are 3,491
acceptable as security for the deposit of public moneys.
Sec. 351.11. Convention facilities authority bonds and 3,500
notes issued under this chapter are lawful investments of banks, 3,501
societies for savings, trust companies, savings and loan 3,502
associations, trustees, fiduciaries, trustees or other officers 3,503
having charge of the bond retirement funds or sinking funds of 3,504
municipal corporations, boards of education, port authorities, 3,505
and counties and political subdivisions and taxing districts of 3,506
this state, the commissioners of the sinking fund of this state, 3,507
the administrator of workers' compensation, the retirement boards 3,509
of the state teachers retirement system, the school employees 3,510
retirement system, the public employees retirement system, and 3,511
the OHIO police and firemen's disability and FIRE pension fund, 3,512
and of insurance companies, including domestic life insurance 3,514
companies and domestic insurance companies other than life, and
are acceptable as security for the deposit of public moneys. 3,515
Sec. 505.38. (A) In each township or fire district that 3,524
has a fire department, the head of such department shall be a 3,525
fire chief, appointed by the board of township trustees, except 3,526
that in a joint fire district the fire chief shall be appointed 3,527
by the board of fire district trustees. The board shall provide 3,528
for the employment of such firefighters as it considers best, and 3,530
shall fix their compensation. No person shall be appointed as a 3,531
permanent full-time paid member, whose duties include
firefighting, of the fire department of any township or fire 3,532
district unless such person has received a certificate issued 3,533
under former section 3303.07 or section 4765.55 of the Revised 3,534
Code evidencing satisfactory completion of a firefighter training 3,536
program. Such appointees shall continue in office until removed
therefrom as provided by sections 733.35 to 733.39 of the Revised 3,538
85
Code. To initiate removal proceedings, and for such purpose, the 3,539
board shall designate the fire chief or a private citizen to 3,540
investigate the conduct and prepare the necessary charges in 3,541
conformity with sections 733.35 to 733.39 of the Revised Code. 3,542
In case of the removal of a fire chief or any member of the 3,544
fire department of a township or district, an appeal may be had 3,545
from the decision of the board to the court of common pleas of 3,546
the county in which such township or district fire department is 3,547
situated, to determine the sufficiency of the cause of removal. 3,548
Such appeal from the findings of the board shall be taken within 3,549
ten days. 3,550
No person who is appointed as a volunteer firefighter of 3,553
the fire department of any township or fire district after July 3,554
1, 1979, shall remain in such a position unless either of the
following applies: 3,555
(1) Within one year of the appointment the person has 3,558
received a certificate issued under former section 3303.07 of the 3,560
Revised Code or division (C)(1) or (2) of section 4765.55 of the 3,561
Revised Code evidencing satisfactory completion of a firefighter 3,563
training program.
(2) The person began serving as a permanent full-time paid 3,565
firefighter with the fire department of a city or village prior 3,567
to July 2, 1970, or as a volunteer firefighter with the fire 3,568
department of a city, village, or other township or fire district 3,569
prior to July 2, 1979, and receives a certificate issued under 3,570
division (C)(3) of section 4765.55 of the Revised Code. 3,572
No person shall receive an appointment under this section 3,574
after July 1, 1979, in the case of a volunteer firefighter, 3,576
unless the person has, not more than sixty days prior to 3,577
receiving such appointment, passed a physical examination, given 3,578
by a licensed physician, showing that the person meets the 3,579
physical requirements necessary to perform the duties of the 3,580
position to which the person is appointed as established by the 3,581
board of township trustees having jurisdiction over the 3,582
86
appointment. The appointing authority shall, prior to making any 3,583
such appointment, file with the OHIO police and firemen's 3,585
disability and FIRE pension fund or the local volunteer firemen's 3,586
FIRE FIGHTERS' dependents fund board a copy of the report or 3,588
findings of said licensed physician. The professional fee for 3,589
such physical examination shall be paid for by the board of 3,590
township trustees. 3,591
(B) In each township not having a fire department, the 3,593
board of trustees shall appoint a fire prevention officer who 3,594
shall exercise all of the duties of a fire chief except those 3,595
involving the maintenance and operation of fire apparatus. The 3,596
board of township trustees may appoint one or more deputy fire 3,597
prevention officers, who shall exercise the duties assigned by 3,598
the fire prevention officer. 3,599
The board of trustees may fix such compensation for the 3,601
fire prevention officer and the fire prevention officer's 3,603
deputies as it considers best. The board of trustees shall 3,604
appoint each fire prevention officer and deputy for a one-year 3,605
term. An appointee may be reappointed at the end of a term to 3,606
another one-year term. Any appointee may be removed from office 3,607
during a term as provided by sections 733.35 to 733.39 of the 3,608
Revised Code. The provisions of section 505.45 of the Revised 3,609
Code extend to such officers.
(C) Division (A) of this section shall not apply to any 3,611
township having a population of ten thousand or more persons 3,612
residing within the township and outside of any municipal 3,613
corporation, which has its own fire department employing ten or 3,614
more full-time paid employees, and which has a civil service 3,615
commission established under division (B) of section 124.40 of 3,616
the Revised Code. Such township shall comply with the procedures 3,617
for the employment, promotion, and discharge of firefighters 3,619
provided by Chapter 124. of the Revised Code, except that the 3,620
board of township trustees of the township may appoint the fire
chief, and any person so appointed shall be in the unclassified 3,621
87
service under section 124.11 of the Revised Code and shall serve 3,622
at the pleasure of the board. A person appointed fire chief 3,623
under these conditions who is removed by the board or who resigns 3,624
from the position is entitled to return to the classified service 3,625
in the township fire department, in the position held just prior 3,627
to the appointment as fire chief. The board of township trustees 3,628
shall determine the number of personnel required and establish 3,629
salary schedules and conditions of employment not in conflict 3,630
with Chapter 124. of the Revised Code. No person shall receive 3,631
an original appointment as a permanent full-time paid member of 3,632
the fire department of such a township unless the person has 3,633
received a certificate issued under former section 3303.07 or 3,634
section 4765.55 of the Revised Code evidencing the satisfactory 3,635
completion of a firefighter training program. Persons employed 3,636
as firefighters in such township on the date a civil service 3,638
commission is appointed pursuant to division (B) of section 3,639
124.40 of the Revised Code shall, without being required to pass 3,640
a competitive examination or a firefighter training program, 3,641
retain their employment and any rank previously granted them by 3,642
action of the township trustees or otherwise, but such persons 3,643
are eligible for promotion only by compliance with Chapter 124. 3,644
of the Revised Code.
Sec. 709.012. When a municipal corporation annexes 3,653
township territory which results in a reduction of the 3,654
firefighting force of the township or joint township fire 3,655
district, the reduction shall be made by dismissal of firemen 3,656
FIREFIGHTERS in the inverse order of seniority, with the employee 3,657
with least time of service being dismissed first. The annexing 3,659
municipal corporation shall offer employment in the inverse order 3,660
of dismissal by the township to such firemen FIREFIGHTERS if a 3,661
vacancy exists in the municipal fire department and if they: 3,663
(A) Were full-time paid active members of the township or 3,665
joint township firefighting force for at least six months prior 3,666
to dismissal and have made application to the municipal 3,667
88
corporation within sixty days after the effective date of 3,668
dismissal; 3,669
(B) Have passed a physical examination as prescribed by 3,671
the physician of the annexing municipal corporation and meet the 3,672
requirements necessary to perform firefighting duties; 3,673
(C) Meet minimum standards of the municipal corporation 3,675
with respect to moral character, literacy, and ability to 3,676
understand oral and written instructions as determined by an 3,677
interview conducted by the fire department of the municipal 3,678
corporation. The applicant shall be at least twenty-one years of 3,679
age on the date of his application. 3,680
(D) Are able to qualify for membership in the OHIO police 3,682
and firemen's disability and FIRE pension fund. 3,683
If no vacancy exists in the municipal fire department at 3,685
the time of the application referred to in division (A) of this 3,686
section, the application shall be held until a vacancy occurs. 3,687
When such a vacancy occurs, the applicant shall be entitled to 3,688
employment in accordance with the requirements of divisions (A), 3,689
(B), (C), and (D) of this section. So long as any application 3,690
for employment has been made and is being held under this 3,691
section, the municipal corporation shall not fill any vacancy in 3,692
its fire department by original appointment. If there are 3,693
individuals who are entitled to reinstatement in the municipal 3,694
fire department and the vacancies therein are insufficient to 3,695
permit both such reinstatements and employment of all those 3,696
applying for employment under division (A) of this section, the 3,697
persons having the greatest length of service, whether with the 3,698
municipal or township fire department, shall be entitled to fill 3,699
the vacancies as they occur. 3,700
A person employed under this section, upon his acceptance 3,702
into the municipal fire department, shall be given the rank of 3,703
"firefighter" and entitled to full seniority credit for his prior 3,704
service in the township or joint township fire district. He THE 3,705
PERSON shall be entitled to the same salary, future benefits, 3,706
89
vacations, earned time, sick leave, and other rights and 3,707
privileges as the municipal fire department extends to other 3,708
employees with the same amount of prior service. He THE PERSON 3,709
may take promotional examinations only after completion of one 3,711
year of service with the municipal fire department and after 3,712
meeting any applicable civil service requirements for such 3,713
examination.
Compliance with this section is in lieu of compliance with 3,715
section 124.42 of the Revised Code or any other requirements for 3,716
original appointment to a municipal fire district. 3,717
Sec. 717.07. (A) A municipal corporation may enter into 3,726
an agreement with the board of trustees of the OHIO police and 3,728
firemen's disability and FIRE pension fund in accordance with 3,730
section 742.30 of the Revised Code. The legislative authority of 3,731
a municipal corporation may issue securities under Section 3 of
Article XVIII, Ohio Constitution, or under Chapter 133. of the 3,732
Revised Code, including Chapter 133. special obligation 3,733
securities that pledge taxes, other than ad valorem property 3,734
taxes, or other revenues for the purpose of providing some or all 3,735
of the funds required to satisfy the municipal corporation's 3,736
obligation under the agreement. 3,737
(B) A municipal corporation may enter into an agreement 3,739
with one or more other municipal corporations or townships to 3,740
issue on behalf of those municipal corporations or townships the 3,742
securities described in division (A) of this section. The 3,744
agreement may authorize the municipal corporation issuing the
securities to appoint one or more fiscal agents to perform any 3,745
functions necessary to carry out an agreement entered into under 3,746
this division.
Sec. 737.15. Each village shall have a marshal, designated 3,755
chief of police, appointed by the mayor with the advice and 3,756
consent of the legislative authority of the village, who need not 3,757
be a resident of the village at the time of his appointment but 3,758
shall become a resident thereof within six months after his 3,759
90
appointment by the mayor and confirmation by the legislative 3,760
authority unless such residence requirement is waived by 3,761
ordinance, and who shall continue in office until removed 3,762
therefrom as provided by section 737.171 of the Revised Code. 3,763
No person shall receive an appointment under this section 3,765
after January 1, 1970, unless, not more than sixty days prior to 3,766
receiving such appointment, he THE PERSON has passed a physical 3,767
examination, given by a licensed physician, showing that he THE 3,769
PERSON meets the physical requirements necessary to perform the 3,771
duties of village marshal as established by the legislative 3,772
authority of the village. The appointing authority shall, prior 3,773
to making any such appointment, file with the OHIO police and 3,774
firemen's disability and FIRE pension fund a copy of the report 3,776
or findings of said licensed physician. The professional fee for 3,777
such physical examination shall be paid for by such legislative 3,778
authority.
Sec. 737.16. The mayor shall, when provided for by the 3,787
legislative authority of a village, and subject to its 3,788
confirmation, appoint all deputy marshals, policemen POLICE 3,789
OFFICERS, night watchmen GUARDS, and special policemen POLICE 3,791
OFFICERS. All such officers shall continue in office until 3,792
removed therefrom for the cause and in the manner provided by 3,794
section 737.19 of the Revised Code.
No person shall receive an appointment under this section 3,796
after January 1, 1970, unless he THE PERSON has, not more than 3,797
sixty days prior to receiving such appointment, passed a physical 3,799
examination, given by a licensed physician, showing that he THE 3,800
PERSON meets the physical requirements necessary to perform the 3,801
duties of the position to which he THE PERSON is to be appointed 3,802
as established by the legislative authority of the village. The 3,804
appointing authority shall, prior to making any such appointment, 3,805
file with the OHIO police and firemen's disability and FIRE 3,807
pension fund a copy of the report or findings of said licensed 3,809
physician. The professional fee for such physical examination 3,810
91
shall be paid for by the legislative authority. 3,811
Sec. 737.22. (A) Each village establishing a fire 3,820
department shall have a fire chief as the head thereof, appointed 3,821
by the mayor with the advice and consent of the legislative 3,822
authority of the village, who shall continue in office until 3,823
removed therefrom as provided by sections 733.35 to 733.39 of the 3,824
Revised Code.
In each village not having a fire department, the mayor 3,826
shall, with the advice and consent of the legislative authority 3,827
of the village, appoint a fire prevention officer who shall 3,828
exercise all of the duties of a fire chief except those involving 3,829
the maintenance and operation of fire apparatus. 3,830
The legislative authority of the village may fix such 3,832
compensation as it deems best. Such appointee shall continue in 3,833
office until removed therefrom as provided by such sections. The 3,834
provisions of section 737.23 of the Revised Code shall extend to 3,835
such officer. 3,836
(B) The legislative authority of the village may provide 3,838
for the appointment of permanent full-time paid firefighters as 3,840
it deems best and fix their compensation, or for the services of 3,842
volunteer firefighters, who shall be appointed by the mayor with 3,844
the advice and consent of the legislative authority, and shall 3,845
continue in office until removed therefrom. 3,846
(1) No person shall be appointed as a permanent full-time 3,849
paid firefighter of a village fire department unless either of 3,850
the following applies:
(a) The person has received a certificate issued under 3,853
former section 3303.07 of the Revised Code or division (C)(1) or
(2) of section 4765.55 of the Revised Code evidencing 3,854
satisfactory completion of a firefighter training program; 3,855
(b) The person began serving as a permanent full-time paid 3,858
firefighter with the fire department of a city or other village 3,859
prior to July 2, 1970, and receives a certificate issued under 3,860
division (C)(3) of section 4765.55 of the Revised Code. 3,861
92
(2) No person who is appointed as a volunteer firefighter 3,864
of a village fire department after July 1, 1979, shall remain in 3,865
such a position, unless either of the following applies: 3,866
(a) Within one year of the appointment the person has 3,869
received a certificate issued under former section 3303.07 or 3,870
section 4765.55 of the Revised Code evidencing satisfactory 3,871
completion of a firefighter training program; 3,873
(b) The person has served as a permanent full-time paid 3,876
firefighter with the fire department of a city or other village 3,877
prior to July 2, 1970, or as a volunteer firefighter with the 3,879
fire department of a city, township, fire district, or other 3,880
village prior to July 2, 1979, and receives a certificate issued 3,881
under division (C)(3) of section 4765.55 of the Revised Code. 3,883
(3) No person shall receive an appointment under this 3,885
section after January 1, 1970, and after July 1, 1979, in the 3,886
case of a volunteer firefighter, unless the person has, not more 3,888
than sixty days prior to receiving such appointment, passed a 3,889
physical examination, given by a licensed physician, showing that 3,890
the person meets the physical requirements necessary to perform 3,891
the duties of the position to which the person is to be appointed 3,892
as established by the legislative authority of the village. The 3,894
appointing authority shall, prior to making any such appointment, 3,895
file with the OHIO police and firemen's disability and FIRE 3,897
pension fund or the local volunteer firemen's FIRE FIGHTERS' 3,898
dependents fund board a copy of the report or findings of said 3,900
licensed physician. The professional fee for such physical 3,901
examination shall be paid for by such legislative authority. 3,902
Sec. 742.01. As used in this chapter: 3,911
(A)(1) "Police department" means the police department of 3,913
a municipal corporation. 3,914
(2) "Member of a police department" means any of the 3,916
following: 3,917
(a) Any person who receives an original appointment as a 3,919
full-time regular police officer in a police department from a 3,920
93
duly established civil service eligible list or pursuant to 3,921
section 124.411 of the Revised Code, or who is described in 3,922
section 742.511 of the Revised Code, or who transfers from the 3,923
public employees retirement system to the OHIO police and 3,924
firemen's disability and FIRE pension fund pursuant to section 3,926
742.513 OF THE REVISED CODE, or who is appointed pursuant to 3,927
section 737.15 or 737.16 of the Revised Code as a full-time 3,930
regular police officer and is paid solely out of public funds of 3,931
the employing municipal corporation;
(b) Any person who, on October 1, 1965, was contributing 3,933
four per cent of the person's annual salary to a police relief 3,935
and pension fund established under former section 741.32 of the
Revised Code; 3,936
(c) Any person who commences employment on or after the 3,939
effective date of this amendment SEPTEMBER 16, 1998, as a 3,940
full-time police officer with a police department in a position 3,941
in which the person is required to satisfactorily complete a 3,942
peace officer training course in compliance with section 109.77 3,943
of the Revised Code. 3,944
(B)(1) "Fire department" means a fire department of the 3,946
state or an instrumentality of the state or of a municipal 3,947
corporation, township, joint fire district, or other political 3,948
subdivision. 3,949
(2) "Member of a fire department" means all of the 3,951
following: 3,952
(a) Any person who commences employment after November 8, 3,954
1990, as a full-time firefighter with a fire department, in a 3,956
position in which the person is required to satisfactorily 3,957
complete or have satisfactorily completed a firefighter training 3,959
course approved under former section 3303.07 or section 4765.55 3,960
or conducted under section 3737.33 of the Revised Code; 3,961
(b) Any person who has elected under section 742.515 of 3,963
the Revised Code to be transferred from the public employees 3,964
retirement system to the OHIO police and firemen's disability and 3,966
94
FIRE pension fund;
(c) Any full-time firefighter who, on November 8, 1990, is 3,969
a member of the OHIO police and firemen's disability and FIRE 3,970
pension fund.
(C) "Employee" means any person who is a member of a 3,972
police department or a member of a fire department. 3,973
(D) "Employer" means the government entity by which an 3,975
employee is employed and paid. 3,976
(E) "Member of the fund" means any person, except an other 3,978
system retirant as defined in section 742.26 of the Revised Code, 3,979
who is contributing a percentage of the person's annual salary to 3,981
the OHIO police and firemen's disability and FIRE pension fund or 3,983
who is receiving a disability benefit or pension from the fund as 3,984
a result of service in a police or fire department. A person, 3,985
other than an other system retirant, who is contributing a 3,986
percentage of the person's annual salary to the fund and is 3,987
dismissed, resigns, or is granted a leave of absence from a 3,988
police or fire department shall be considered a "member of the 3,989
fund" for a period of twelve months after the first day of the 3,990
dismissal, resignation, or leave of absence, provided the sum 3,992
deducted from the person's salary and credited to the person's 3,994
account in the fund remains on deposit in the fund. 3,995
(F) "Year," for the purpose of determining benefits, means 3,997
any twelve consecutive calendar months of active service as a 3,998
member of the fund, or, in the case of a member whose salary is 3,999
paid weekly or biweekly, fifty-two consecutive weeks of active 4,000
service as a member. 4,001
(G) "Average annual salary" means the highest average 4,003
annual salary of a member of the fund during any three years of 4,004
contributions determined by dividing the member's total salary as 4,006
an employee during the years by three.
(H) "Normal service pension benefit" means the pension 4,008
benefit payable to a member of the fund under division (C)(1) of 4,009
section 742.37 of the Revised Code upon attaining age 4,010
95
forty-eight. 4,011
(I) "Retirement allowance" means the total pension benefit 4,013
or disability benefit to which a member of the fund may be 4,014
entitled under division (C) of section 742.37 or section 742.39 4,016
of the Revised Code. 4,017
(J) "Fiduciary" means a person who does any of the 4,019
following: 4,020
(1) Exercises any discretionary authority or control with 4,022
respect to the management of the system, or with respect to the 4,023
management or disposition of its assets; 4,024
(2) Renders investment advice for a fee, direct or 4,026
indirect, with respect to money or property of the system; 4,027
(3) Has any discretionary authority or responsibility in 4,029
the administration of the system. 4,030
(K) "Terminal pay" means the following payments made by an 4,032
employer to an employee on termination of employment: 4,033
(1) Payments for accrued but unused leave, including sick 4,035
leave, vacation, personal leave, and compensatory time; 4,036
(2) Payments deferred more than one year compensating the 4,038
employee for holidays worked or for longevity; 4,039
(3) Payments for overtime worked that are not included 4,041
either in the payroll for the period in which the overtime is 4,043
worked or for the next subsequent payroll period;
(4) Other payments that are not compensation for services 4,045
rendered in the last pay period in which services were rendered 4,046
and are designated as terminal pay by rule of the board of 4,047
trustees of the OHIO police and firemen's disability and FIRE 4,049
pension fund. The board shall not designate as terminal pay 4,050
payments deferred one year or less compensating an employee for 4,051
holidays worked or for longevity. 4,052
(L)(1) Except as otherwise provided in this division, 4,054
"salary" means all compensation, wages, and other earnings paid 4,055
to an employee by reason of employment, but without regard to 4,056
whether compensation, wages, or other earnings are treated as 4,057
96
deferred income for federal income tax purposes. "Salary" 4,058
includes payments for overtime that are made not later than the 4,059
payroll following the payroll period in which the overtime is 4,060
worked. 4,061
(2) "Salary" does not include any of the following: 4,063
(a) Compensation for services outside the scope of an 4,065
employee's regular employment; 4,066
(b) Reimbursement of expenses; 4,068
(c) Terminal pay; 4,070
(d) Payments for accrued but unused sick leave or personal 4,072
leave, or vacation pay covering periods for which salary, 4,073
compensation, or benefits are paid; 4,074
(e) Payments made under division (B) or (D) of section 4,076
5923.05 of the Revised Code or Section 4 of Substitute Senate 4,078
Bill No. 3 of the 119th general assembly;
(f) Payments made to or on behalf of an employee that are 4,080
in excess of the annual compensation that may be taken into 4,081
account by the fund under division (a)(17) of section 401 of the 4,082
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 4,083
401(a)(17), as amended. 4,084
(3) The board shall determine by rule whether any 4,086
compensation, wages, or earnings not enumerated in this division 4,087
is salary, and its decision shall be final. 4,088
(M) "Actuary" means an individual who satisfies all of the 4,091
following requirements:
(1) Is a member of the American academy of actuaries; 4,094
(2) Is an associate or fellow of the society of actuaries; 4,096
(3) Has a minimum of five years' experience in providing 4,098
actuarial services to public retirement plans. 4,099
Sec. 742.02. There is hereby created a AN OHIO police and 4,109
firemen's disability and FIRE pension fund for the purpose of 4,110
providing disability benefits and pensions to members of the fund 4,111
and their surviving spouses, children, and dependent parents. 4,112
Sec. 742.03. (A) As used in this section and in sections 4,121
97
742.04 and 742.05 of the Revised Code: 4,122
(1) "Police officer" means a member of the fund who is or 4,124
has been an employee of a police department and is not a police 4,125
retirant.
(2) "Firefighter" means a member of the fund who is or has 4,127
been an employee of a fire department and is not a firefighter 4,128
retirant.
(3) "Firefighter retirant" means a member of the fund who 4,130
is receiving an age and service or disability benefit as a result 4,131
of service in a fire department or a surviving spouse of a 4,132
deceased member who is receiving a benefit as a result of the 4,133
deceased member's service in a fire department. 4,134
(4) "Police retirant" means a member of the fund who is 4,136
receiving an age and service or disability benefit as a result of 4,137
service in a police department or a surviving spouse of a 4,138
deceased member who is receiving a benefit as a result of the 4,139
deceased member's service in a police department. 4,140
(B) The administration, control, and management of the 4,143
OHIO police and firemen's disability and FIRE pension fund, 4,144
created under section 742.02 of the Revised Code, is vested in a 4,145
board of trustees of the OHIO police and firemen's disability and 4,147
FIRE pension fund, which shall consist of nine members as 4,148
follows:
(1) The attorney general; 4,150
(2) The auditor of state; 4,152
(3) The fiscal officer of a municipal corporation who 4,154
shall be appointed by the governor. This member's term shall be 4,155
for three years, commencing on the fourth day of June and ending 4,156
on the third day of June. The fiscal officer member shall hold 4,157
office from the date of appointment until the end of the term for 4,159
which appointed. Any fiscal officer member appointed to fill a 4,160
vacancy occurring prior to the expiration of the term for which 4,161
the fiscal officer member's predecessor was appointed shall hold 4,162
office for the remainder of such term. Any fiscal officer member 4,163
98
shall continue in office subsequent to the expiration date of the 4,164
fiscal officer member's term until such member's successor takes 4,166
office, or until a period of sixty days has elapsed, whichever 4,167
occurs first.
(4) Four members known as employee members. 4,169
Two employee members shall be police officers elected by 4,171
police officers. Two employee members shall be firefighters 4,172
elected by firefighters. Employee members of the board shall be 4,173
elected for terms of four years as provided by section 742.04 of 4,174
the Revised Code.
(5) One member known as the firefighter retirant member, 4,176
who shall be a resident of this state elected by the firefighter 4,177
retirants. The firefighter retirant member shall be elected for 4,178
a term of four years as provided by section 742.04 of the Revised 4,179
Code.
(6) One member known as the police retirant member, who 4,181
shall be a resident of this state elected by the police 4,182
retirants. The police retirant member shall be elected for a 4,183
term of four years as provided by section 742.04 of the Revised 4,184
Code.
(C) No employee member of the board who retires while a 4,186
member of the board shall be eligible to become a retirant member 4,187
for three years after the date of the member's retirement. 4,188
Sec. 742.04. As used in this section, "county" means the 4,197
county of residence of an individual who signs a nominating 4,198
petition.
Election of the employee members, firefighter retirant 4,201
member, and police retirant member of the board of trustees of 4,202
the OHIO police and firemen's disability and FIRE pension fund 4,203
shall be under the supervision and direction of the board. 4,204
Nominating petitions for candidates for an employee member 4,206
of the board elected by police officers shall be signed by at 4,207
least one hundred police officers, with at least twenty signers 4,209
from each of at least five counties of the state. 4,210
99
Nominating petitions for candidates for an employee member 4,212
of the board elected by firefighters shall be signed by at least 4,213
one hundred firefighters, with at least twenty signers from each 4,215
of at least five counties of the state.
Nominating petitions for candidates for an employee member 4,217
of the board shall be filed in the office of the board not later 4,218
than four p.m. on the first Monday in April preceding the date of 4,219
the expiration of the term of the employee member of the board 4,220
whose successor is to be elected. 4,221
The board shall determine the sufficiency of the nominating 4,223
petitions filed with it and the board's decision shall be final. 4,224
The board shall cause ballots to be prepared for the 4,226
election of employee members of the board which shall contain the 4,227
names of all candidates for whom proper nominating petitions have 4,228
been filed with the board. 4,229
A police officer or firefighter is eligible to vote in an 4,231
election if the police officer or firefighter is a member of the 4,232
fund on the first Monday in March preceding the date of the 4,234
expiration of the term of the employee member of the board whose 4,235
successor is to be elected. The board shall determine whether a 4,236
member of the fund is eligible to vote at an election and its 4,238
decision shall be final.
On or before the first Monday in May preceding the date of 4,240
the expiration of the term of the employee member of the board 4,241
whose successor is to be elected, the board shall cause ballots 4,242
to be sent to each member of the fund who is eligible to vote at 4,243
such election to the address of such member as shown on the 4,244
records of the board. 4,245
Ballots shall be returned to the board not later than the 4,247
third Tuesday in May following the date that the ballots were 4,248
mailed to the members of the fund eligible to vote at such 4,249
election. 4,250
The board shall cause the ballots to be counted and shall 4,252
declare the person receiving the highest number of votes elected 4,253
100
as an employee member of the board for a term of four years 4,254
beginning on the first Monday in June following such election. 4,255
Nominating petitions for candidates for the police retirant 4,257
member of the board shall be signed by at least fifty police 4,259
retirants, with at least ten signers from at least five counties 4,260
of the state.
Nominating petitions for candidates for the firefighter 4,262
retirant member of the board shall be signed by at least fifty 4,264
firefighter retirants, with at least ten signers from at least 4,265
five counties of the state.
Nominating petitions for candidates for the retirant 4,267
members of the board shall be filed in the office of the board 4,268
not later than four p.m. on the first Monday in April preceding 4,269
the date of the expiration of the term of the retirant member of 4,270
the board whose successor is to be elected. 4,271
The board shall determine the sufficiency of the nominating 4,273
petitions filed with it, and the board's decision shall be final. 4,274
The board shall cause ballots to be prepared for the 4,276
election of these board members which shall contain the names of 4,278
all candidates for whom proper nominating petitions have been 4,279
filed with the board.
A retirant is eligible to vote in an election if the 4,281
retirant is a police retirant or firefighter retirant on the 4,282
first Monday in April preceding the date of the expiration of the 4,285
term of the retirant member of the board whose successor is to be 4,286
elected. The board shall determine whether a police retirant or 4,287
firefighter retirant is eligible to vote at an election and its 4,288
decision shall be final.
On or before the first Monday in May preceding the date of 4,290
the expiration of the term of a retirant member of the board 4,291
whose successor is to be elected, the board shall cause ballots 4,292
to be sent to each person who is eligible to vote in the election 4,293
to the address of the person as shown on the records of the 4,294
board. 4,295
101
Ballots shall be returned to the board not later than the 4,297
third Tuesday in May following the date that the ballots were 4,298
mailed to the persons eligible to vote in the election. 4,299
The board shall cause the ballots to be counted and shall 4,301
declare the person receiving the highest number of votes elected 4,302
as the police retirant member or the firefighter retirant member 4,304
of the board for a term of four years beginning on the first 4,305
Monday in June following the election.
Sec. 742.05. Any vacancy occurring in the term of a member 4,314
of the board of trustees of the OHIO police and firemen's 4,315
disability and FIRE pension fund who is the fiscal officer of a 4,317
municipal corporation shall be filled by appointment by the
governor for the unexpired term of such member. 4,318
Any vacancy occurring in the term of an employee member of 4,320
the board shall be filled by the remaining employee members and 4,321
the retirant members of the board for the unexpired term of such 4,323
member.
Any vacancy occurring in the term of a retirant member of 4,325
the board shall be filled by the employee members and the 4,326
remaining retirant member of the board for the unexpired term. 4,327
If a member of the board who is the fiscal officer of a 4,329
municipal corporation ceases to be a fiscal officer of a 4,330
municipal corporation, a vacancy shall exist. 4,331
If an employee member of the board ceases to be a member of 4,333
the fund, a vacancy shall exist. 4,335
If as a result of changed circumstances a retirant member 4,337
no longer qualifies for membership on the board as a retirant 4,339
member, a vacancy shall exist.
Any employee or retirant member of the board or member of 4,341
the board who is the fiscal officer of a municipal corporation 4,342
who fails to attend three consecutive meetings of the board, 4,343
without valid excuse, shall be considered as having resigned from 4,344
the board and the board shall declare the member's office vacated 4,346
and as of the date of the adoption of a proper resolution a
102
vacancy shall exist. 4,347
Sec. 742.06. Each member of the board of trustees of the 4,356
OHIO police and firemen's disability and FIRE pension fund, 4,358
before entering upon his THE MEMBER'S official duties, shall take 4,360
and subscribe to an oath of affirmation that he THE MEMBER will 4,361
support the constitution of the United States, the constitution
of the state of Ohio, and that he THE MEMBER will honestly, 4,362
faithfully, and impartially perform the duties of his THE 4,363
MEMBER'S office. Such oath or affirmation shall be filed in the 4,365
office of the secretary of state.
Sec. 742.07. Within three months after all of the first 4,374
appointed members of the board of trustees of the OHIO police and 4,375
firemen's disability and FIRE pension fund have been appointed 4,377
and qualified, the governor shall call the first meeting of the 4,378
board, and thereafter meetings of the board shall be called in
such manner and at such times as the board prescribes, provided, 4,379
that the board shall meet at least four times annually. All 4,380
meetings of the board shall be open to the public except 4,381
executive sessions as set forth in division (G) of section 121.22 4,382
of the Revised Code, and any portions of any sessions discussing 4,383
medical records or the degree of disability of a member excluded
from public inspection by section 742.41 of the Revised Code. 4,384
At its first meeting the board shall organize by electing 4,386
from its membership a chairman CHAIRPERSON and a vice-chairman 4,387
VICE-CHAIRPERSON who shall serve for a term of one year. 4,388
Annually thereafter the board shall elect from its membership a 4,389
chairman CHAIRPERSON and a vice-chairman VICE-CHAIRPERSON for a 4,390
term of one year. 4,391
A majority of the full membership of the board shall 4,393
constitute a quorum.
Sec. 742.08. (A) The members of the board of trustees of 4,402
the OHIO police and firemen's disability and FIRE pension fund 4,404
shall serve without compensation but shall be reimbursed for 4,406
their necessary expenses incurred in the performance of their 4,407
103
official duties.
An employee member of the board shall suffer no loss or 4,409
penalty whatsoever because of absence from the employee member's 4,410
regular employment while engaged in official duties as a member 4,412
of the board.
(B) The board may secure insurance coverage designed to 4,414
indemnify board members and employees for their actions or 4,415
conduct in the performance of official duties, and may pay 4,416
required premiums for such coverage from the expense fund. 4,417
(C) The board shall adopt rules in accordance with section 4,419
111.15 of the Revised Code establishing a policy for 4,421
reimbursement of travel expenses incurred by board members in the 4,423
performance of their official duties. As part of any audit
performed under Chapter 117. of the Revised Code, an inquiry 4,426
shall be made into whether board members have complied with these 4,427
rules.
(D) No board member shall accept payment or reimbursement 4,430
for travel expenses, other than for meals and other food and 4,431
beverages provided to the member, from any source other than the 4,432
expense fund established under section 742.59 of the Revised 4,434
Code. Except in the case of an emergency, no out-of-state travel 4,436
expenses shall be reimbursed unless approved in advance by a 4,437
majority of the board at a regular board meeting. 4,438
Sec. 742.09. The attorney general shall be the legal 4,447
counsel of the board of trustees of the OHIO police and firemen's 4,448
disability and FIRE pension fund. 4,449
Sec. 742.10. The board of trustees of the OHIO police and 4,458
firemen's disability and FIRE pension fund may sue and be sued, 4,460
plead and be impleaded, contract and be contracted with, employ 4,461
and fix the compensation of employees, and adopt rules for the 4,462
proper administration and management of the fund.
The attorney general shall prescribe procedures for the 4,465
adoption of rules authorized under this chapter, consistent with 4,466
the provisions of section 111.15 of the Revised Code under which 4,467
104
all rules shall be filed in order to be effective. Such
procedures shall establish methods by which notice of proposed 4,468
rules is given to interested parties and rules adopted by the 4,469
board published and otherwise made available. When it files a 4,470
rule with the joint committee on agency rule review pursuant to 4,471
section 111.15 of the Revised Code, the board shall submit to the 4,473
Ohio retirement study council a copy of the full text of the 4,474
rule, and if applicable, a copy of the rule summary and fiscal 4,475
analysis required by division (B) of section 127.18 of the 4,476
Revised Code.
All rules adopted pursuant to this chapter, prior to August 4,478
20, 1976, shall be published and made available to interested 4,479
parties by January 1, 1977.
Sec. 742.11. (A) The members of the board of trustees of 4,488
the OHIO police and firemen's disability and FIRE pension fund 4,490
shall be the trustees of the funds created by section 742.59 of 4,492
the Revised Code. The board shall have full power to invest the 4,493
funds. The board and other fiduciaries shall discharge their 4,494
duties with respect to the funds solely in the interest of the 4,495
participants and beneficiaries; for the exclusive purpose of 4,496
providing benefits to participants and their beneficiaries and 4,497
defraying reasonable expenses of administering the OHIO police 4,498
and firemen's disability and FIRE pension fund; with care, skill, 4,501
prudence, and diligence under the circumstances then prevailing 4,502
that a prudent person acting in a like capacity and familiar with 4,504
these matters would use in the conduct of an enterprise of a like 4,505
character and with like aims; and by diversifying the investments 4,506
of the disability and pension fund so as to minimize the risk of 4,508
large losses, unless under the circumstances it is clearly 4,509
prudent not to do so.
To facilitate investment of the funds, the board may 4,511
establish a partnership, trust, limited liability company, 4,512
corporation, including a corporation exempt from taxation under 4,513
the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C.A. 1, as 4,514
105
amended, or any other legal entity authorized to transact 4,515
business in this state.
(B) In exercising its fiduciary responsibility with 4,517
respect to the investment of the funds, it shall be the intent of 4,518
the board to give consideration to investments that enhance the 4,519
general welfare of the state and its citizens where the 4,520
investments offer quality, return, and safety comparable to other 4,522
investments currently available to the board. In fulfilling this
intent, equal consideration shall be given to investments 4,523
otherwise qualifying under this section that involve minority 4,524
owned and controlled firms and firms owned and controlled by 4,525
women, either alone or in joint venture with other firms. 4,526
The board shall adopt, in regular meeting, policies, 4,528
objectives, or criteria for the operation of the investment 4,530
program that include asset allocation targets and ranges, risk 4,531
factors, asset class benchmarks, time horizons, total return 4,532
objectives, and performance evaluation guidelines. In adopting 4,533
policies and criteria for the selection of agents with whom the
board may contract for the administration of the funds, the board 4,535
shall give equal consideration to minority owned and controlled 4,536
firms, firms owned and controlled by women, and joint ventures 4,537
involving minority owned and controlled firms and firms owned and 4,538
controlled by women that otherwise meet the policies and criteria 4,539
established by the board. Amendments and additions to the
policies and criteria shall be adopted in regular meeting. The 4,541
board shall publish its policies, objectives, and criteria under 4,542
this provision no less often than annually and shall make copies 4,544
available to interested parties.
When reporting on the performance of investments, the board 4,546
shall comply with the performance presentation standards 4,547
established by the association for investment management and 4,548
research.
(C) All bonds, notes, certificates, stocks, or other 4,551
evidences of investments purchased by the board shall be 4,552
106
delivered to the treasurer of state, who is hereby designated as 4,553
custodian thereof, or to the treasurer of state's authorized 4,554
agent, and the treasurer of state or the agent shall collect the 4,555
principal, interest, dividends, and distributions that become due 4,557
and payable and place them when so collected into the custodial 4,558
funds. Evidences of title of the investments may be deposited by 4,559
the treasurer of state for safekeeping with an authorized agent, 4,561
selected by the treasurer of state, who is a qualified trustee 4,562
under section 135.18 of the Revised Code. The treasurer of state 4,563
shall pay for the investments purchased by the board on receipt 4,564
of written or electronic instructions from the board or the 4,566
board's designated agent authorizing the purchase and pending 4,568
receipt of the evidence of title of the investment by the
treasurer of state or the treasurer of state's authorized agent. 4,569
The board may sell investments held by the board, and the 4,570
treasurer of state or the treasurer of state's authorized agent 4,571
shall accept payment from the purchaser and deliver evidence of 4,572
title of the investment to the purchaser on receipt of written or 4,573
electronic instructions from the board or the board's designated
agent authorizing the sale, and pending receipt of the moneys for 4,575
the investments. The amount received shall be placed into the 4,576
custodial funds. The board and the treasurer of state may enter 4,577
into agreements to establish procedures for the purchase and sale 4,578
of investments under this division and the custody of the 4,579
investments.
(D) All of the board's business shall be transacted, all 4,582
its funds shall be invested, all warrants for money drawn and 4,583
payments shall be made, and all of its cash, securities, and 4,584
other property shall be held, in the name of the board or its 4,585
nominee, provided that nominees are authorized by board 4,586
resolution for the purpose of facilitating the ownership and 4,587
transfer of investments.
(E) No purchase or sale of any investment shall be made 4,590
under this section except as authorized by the board of trustees 4,591
107
of the OHIO police and firemen's disability and FIRE pension 4,592
fund.
(F) Any statement of financial position distributed by the 4,594
board shall include the fair value, as of the statement date, of 4,596
all investments held by the board under this section.
Sec. 742.111. The OHIO police and firemen's disability and 4,606
FIRE pension fund shall make no investments through or purchases 4,608
from, or otherwise do any business with, any individual who is, 4,609
or any partnership, association, or corporation that is owned or 4,610
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 4,611
which a person who within the preceding three years was employed 4,612
by, an officer of, or a board member of the fund, holds a 4,613
fiduciary, administrative, supervisory or trust position, or any 4,614
other position in which such person would be involved, on behalf 4,615
of his THE PERSON'S employer, in decisions or recommendations 4,616
affecting the investment policy of the fund, and in which such 4,617
THE person would benefit by any monetary gain. 4,619
Sec. 742.112. (A) Except as provided in division (B) of 4,628
this section, a fiduciary shall not cause the OHIO police and 4,629
firemen's disability and FIRE pension fund to engage in a 4,631
transaction, if he THE FIDUCIARY knows or should know that such 4,632
transaction constitutes a direct or indirect:
(1) Sale or exchange, or leasing, of any property between 4,634
the fund and a party in interest; 4,635
(2) Lending of money or other extension of credit between 4,637
the fund and a party in interest; 4,638
(3) Furnishing of goods, services, or facilities between 4,640
the fund and a party in interest; 4,641
(4) Transfer to, or use by or for the benefit of a party 4,643
in interest, of any assets of the fund; or 4,644
(5) Acquisition, on behalf of the fund, of any employer 4,646
security or employer real property. 4,647
(B) Nothing in this section shall prohibit any transaction 4,649
108
between the OHIO police and firemen's disability and FIRE pension 4,652
fund and any fiduciary or party in interest if: 4,653
(1) All the terms and conditions of the transaction are 4,655
comparable to the terms and conditions which might reasonably be 4,656
expected in a similar transaction between similar parties who are 4,657
not parties in interest; and 4,658
(2) The transaction is consistent with the fiduciary 4,660
duties described in Chapter 742. of the Revised Code. 4,661
(C) A fiduciary shall not: 4,663
(1) Deal with the assets of the fund in his THE 4,665
FIDUCIARY'S own interest or for his THE FIDUCIARY'S own account; 4,667
(2) In his THE FIDUCIARY'S individual or in any other 4,669
capacity, act in any transaction involving the fund on behalf of 4,671
a party (or represent a party) whose interests are adverse to the 4,672
interests of the fund or the interests of its participants or 4,673
beneficiaries; or
(3) Receive any consideration for his THE FIDUCIARY'S own 4,675
personal account from any party dealing with such fund in 4,676
connection with a transaction involving the assets of the fund. 4,677
(D) In addition to any liability which he THE FIDUCIARY 4,679
may have under any other provision, a fiduciary with respect to 4,680
the fund shall be liable for a breach of fiduciary responsibility 4,681
of any fiduciary with respect to the fund in the following 4,682
circumstances: 4,683
(1) If he THE FIDUCIARY participates knowingly in, or 4,685
knowingly undertakes to conceal, an act or omission of such other 4,686
fiduciary, knowing such act or omission is a breach; 4,687
(2) If, by his THE FIDUCIARY'S failure to comply with 4,689
Chapter 742. of the Revised Code, he THE FIDUCIARY has enabled 4,691
such other fiduciary to commit a breach; or 4,692
(3) If he THE FIDUCIARY has knowledge of a breach by such 4,694
other fiduciary, unless he THE FIDUCIARY makes reasonable efforts 4,695
under the circumstances to remedy the breach. 4,696
(E) Every fiduciary of the fund shall be bonded or insured 4,698
109
to an amount of not less than one million dollars for loss by 4,699
reason of acts of fraud or dishonesty. 4,700
Sec. 742.12. Bonds purchased by the board of trustees of 4,709
the OHIO police and firemen's disability and FIRE pension fund 4,711
from any taxing district of the state shall be in the 4,713
denomination required by the board in its resolution of purchase, 4,714
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 4,715
state be consolidated and issued as one bond, the principal 4,716
amount of which is equal to the aggregate amount of all the bonds 4,717
of said series, which principal together with the interest 4,718
thereon shall be paid in installments evidenced by and payable 4,719
upon the surrender of combined principal and interest coupons
attached thereto, which coupons shall each separately state the 4,720
amounts of principal and interest included therein. 4,721
Sec. 742.13. The proper officers of each taxing district 4,730
issuing the bonds provided for in section 742.12 of the Revised 4,731
Code shall, without additional procedure or legislation on their 4,732
part, comply with this section and with section 742.12 of the 4,733
Revised Code, except that the proper accounting officers of such 4,734
taxing district and the secretary of the sinking fund shall make
and keep a detailed record of any such changes required by the 4,735
board of trustees of the OHIO police and firemen's disability and 4,737
FIRE pension fund. The board shall not change the date of 4,738
maturity of any part of the principal or interest of any bond 4,739
issue, nor shall it require a bond of any issue to be of a larger 4,740
denomination, nor any partial payment of principal to be of 4,741
greater amount than the aggregate amount of such issue falling
due at any date. 4,742
Sec. 742.14. (A) The board of trustees of the OHIO police 4,752
and firemen's disability and FIRE pension fund shall have 4,753
prepared annually by or under the supervision of an actuary an 4,754
actuarial valuation of the pension assets, liabilities, and 4,755
funding requirements of the OHIO police and firemen's disability 4,757
110
and FIRE pension fund as established pursuant to sections 742.01 4,759
to 742.58 742.61 of the Revised Code. The actuary shall complete 4,760
the valuation in accordance with actuarial standards of practice 4,761
promulgated by the actuarial standards board of the American 4,762
academy of actuaries and prepare a report of the valuation. The 4,763
report shall include all of the following: 4,764
(1) A summary of the benefit provisions evaluated; 4,766
(2) A summary of the census data and financial information 4,768
used in the valuation; 4,769
(3) A description of the actuarial assumptions, actuarial 4,771
cost method, and asset valuation method used in the valuation, 4,772
including a statement of the assumed rate of payroll growth and 4,773
assumed rate of growth or decline in the number of members of the 4,774
fund contributing to the pension fund;
(4) A summary of findings that includes a statement of the 4,776
actuarial accrued pension liabilities and unfunded actuarial 4,777
accrued pension liabilities; 4,778
(5) A schedule showing the effect of any changes in the 4,780
benefit provisions, actuarial assumptions, or cost methods since 4,781
the last annual actuarial valuation; 4,782
(6) A statement of whether contributions to the pension 4,784
fund are expected to be sufficient to satisfy the funding 4,785
objectives established by the board. 4,786
The board shall submit the report to the Ohio retirement 4,789
study commission COUNCIL and the standing committees of the house 4,790
of representatives and the senate with primary responsibility for 4,792
retirement legislation not later than the first day of November 4,793
following the year for which the valuation was made. 4,794
(B) The board shall annually thereafter have prepared by 4,796
an actuary a report showing the adequacy of the rate of the 4,799
policemen POLICE OFFICER employers' contribution provided for by 4,801
section 742.33 of the Revised Code, and the adequacy of the rate 4,802
of the firemen FIREFIGHTER employers' contribution provided for 4,803
by section 742.34 of the Revised Code. 4,804
111
(C) At such times as the board determines, and at least 4,808
once in each quinquennial, the board shall have prepared by or 4,809
under the supervision of an actuary an actuarial investigation of 4,810
the mortality, service, and other experience of the members of 4,812
the fund and of other system retirants, as defined in section 4,813
742.26 of the Revised Code, who are members of a police 4,814
department or a fire department to update the actuarial 4,815
assumptions used in the actuarial valuation required by division 4,816
(A) of this section. The actuary shall prepare a report of the 4,817
actuarial investigation. The report shall be prepared and any 4,818
recommended changes in actuarial assumptions shall be made in 4,819
accordance with the actuarial standards of practice promulgated 4,820
by the actuarial standards board of the American academy of 4,821
actuaries. The report shall include all of the following: 4,822
(1) A summary of relevant decrement and economic 4,824
assumption experience observed over the period of the 4,825
investigation;
(2) Recommended changes in actuarial assumptions to be 4,827
used in subsequent actuarial valuations required by division (A) 4,829
of this section;
(3) A measurement of the financial effect of the 4,831
recommended changes in actuarial assumptions. 4,832
The board shall submit the report to the Ohio retirement 4,835
study commission COUNCIL and the standing committees of the house 4,836
of representatives and the senate with primary responsibility for 4,838
retirement legislation not later than the first day of November 4,839
following the last fiscal year of the period the report covers. 4,840
(D) The board shall have prepared by or under the 4,843
supervision of an actuary an actuarial analysis of any introduced
legislation expected to have a measurable financial impact on the 4,844
pension fund. The actuarial analysis shall be completed in 4,846
accordance with the actuarial standards of practice promulgated 4,847
by the actuarial standards board of the American academy of 4,848
actuaries. The actuary shall prepare a report of the actuarial 4,849
112
analysis, which shall include all of the following: 4,850
(1) A summary of the statutory changes that are being 4,852
evaluated;
(2) A description of or reference to the actuarial 4,854
assumptions and actuarial cost method used in the report; 4,855
(3) A description of the participant group or groups 4,857
included in the report; 4,858
(4) A statement of the financial impact of the 4,860
legislation, including the resulting increase, if any, in the 4,861
employer normal cost percentage; the increase, if any, in 4,862
actuarial accrued liabilities; and the per cent of payroll that 4,863
would be required to amortize the increase in actuarial accrued
liabilities as a level per cent of covered payroll for all active 4,864
members of the fund over a period not to exceed thirty years; 4,865
(5) A statement of whether the scheduled contributions to 4,867
the system after the proposed change is enacted are expected to 4,868
be sufficient to satisfy the funding objectives established by 4,869
the board.
Not later than sixty days from the date of introduction of 4,871
the legislation, the board shall submit a copy of the actuarial 4,872
analysis to the legislative budget office of the legislative 4,873
service commission, the standing committees of the house of 4,874
representatives and the senate with primary responsibility for 4,875
retirement legislation, and the Ohio retirement study commission 4,876
COUNCIL.
(E) The board shall have prepared annually a report giving 4,879
a full accounting of the revenues and costs relating to the 4,880
provision of benefits under section 742.45 of the Revised Code. 4,882
The report shall be made as of December 31, 1997, and the 4,885
thirty-first day of December of each year thereafter. The report 4,886
shall include the following:
(1) A description of the statutory authority for the 4,888
benefits provided; 4,889
(2) A summary of the benefits; 4,891
113
(3) A summary of the eligibility requirements for the 4,893
benefits; 4,894
(4) A statement of the number of participants eligible for 4,896
the benefits; 4,897
(5) A description of the accounting, asset valuation, and 4,899
funding method used to provide the benefits; 4,900
(6) A statement of the net assets available for the 4,902
provision of the benefits as of the last day of the fiscal year; 4,904
(7) A statement of any changes in the net assets available 4,907
for the provision of benefits, including participant and employer 4,908
contributions, net investment income, administrative expenses, 4,909
and benefits provided to participants, as of the last day of the 4,910
fiscal year;
(8) For the last six consecutive fiscal years, a schedule 4,912
of the net assets available for the benefits, the annual cost of 4,914
benefits, administrative expenses incurred, and annual employer 4,915
contributions allocated for the provision of benefits; 4,916
(9) A description of any significant changes that affect 4,918
the comparability of the report required under this division; 4,920
(10) A statement of the amount paid under division (C) of 4,922
section 742.45 of the Revised Code. 4,923
The board shall submit the report to the Ohio retirement 4,926
study commission COUNCIL and the standing committees of the house 4,927
of representatives and the senate with primary responsibility for 4,928
retirement legislation not later than the thirtieth day of June 4,930
following the year for which the report was made. 4,931
Sec. 742.15. The board of trustees of the OHIO police and 4,940
firemen's disability and FIRE pension fund shall collect and keep 4,942
in convenient form such data as are necessary for the preparation 4,944
of the required mortality and service tables and for the 4,945
compilation of such other information as is required for the
actuarial evaluations provided for by section 742.14 of the 4,946
Revised Code.
Sec. 742.16. The board of trustees of the OHIO police and 4,955
114
firemen's disability and FIRE pension fund shall establish a 4,958
period of not more than thirty years to amortize the OHIO police 4,959
and firemen's disability and FIRE pension fund's unfunded 4,961
actuarial accrued pension liabilities. The board shall adopt a 4,962
plan that specifies how it proposes to meet the thirty-year 4,963
amortization period not later than December 31, 2006. If in any 4,965
year the period necessary to amortize the unfunded actuarial 4,966
accrued pension liability exceeds thirty years, as determined by 4,967
the annual actuarial valuation required by section 742.14 of the 4,968
Revised Code, the board, not later than ninety days after receipt 4,970
of the valuation, shall prepare and submit to the Ohio retirement 4,971
study commission COUNCIL and the standing committees of the house 4,972
of representatives and the senate with primary responsibility for 4,974
retirement legislation a report that includes the following
information: 4,975
(A) The number of years needed to amortize the unfunded 4,978
actuarial accrued pension liability as determined by the annual 4,979
actuarial valuation;
(B) A plan approved by the board that indicates how the 4,982
board will reduce the amortization period of unfunded actuarial 4,983
accrued pension liability to not more than thirty years;
(C) Whether the board has made any progress in meeting the 4,986
thirty-year amortization period.
Sec. 742.22. A member of the fund who is receiving 4,995
disability benefits from the OHIO police and firemen's disability 4,997
and FIRE pension fund and is restored to active duty as a member 4,998
of a police or fire department shall, in computing years of 4,999
service under section 742.37 or 742.39 of the Revised Code, be 5,000
given service credit for the time the member was receiving such 5,003
disability benefits. 5,005
On restoration to active duty as a member of a police or 5,007
fire department, the member shall make contributions to the fund 5,008
in accordance with section 742.31 of the Revised Code, and the 5,009
member's disability benefits shall be terminated on the first day 5,010
115
following restoration to active duty. In determining the amount 5,011
of the member's account after the termination of disability 5,012
benefits, the total sum of the disability benefits paid shall be 5,013
deducted from any refund payable to the member under division (G) 5,014
of section 742.37 of the Revised Code. 5,015
The employer shall notify the board of trustees of the OHIO 5,018
police and firemen's disability and FIRE pension fund of the 5,019
member's return to active duty before the end of the month then 5,020
current, designating the date of the resumption of active duty. 5,021
If the member is paid any amount of disability benefits to which 5,022
the member is not entitled under this section, such amount shall 5,023
be repaid to the fund by the member or shall be recovered by a 5,024
withholding from subsequent retirement allowances or other 5,025
amounts payable under this chapter. 5,026
Sec. 742.221. A member of the OHIO police and firemen's 5,035
disability and FIRE pension fund who, during the period of 5,036
employment as a member of a police or fire department, is removed 5,038
from active pay status due to pregnancy or a medical disability 5,039
leave not exceeding one year for each such leave, shall, in 5,040
computing years of active service in such department under 5,041
division (C) of section 742.37 or section 742.39 of the Revised 5,042
Code, be given full credit for time for which contributions were 5,043
not made during such leave of absence if all of the following 5,044
conditions are met:
(A) The leave was approved by the member's employing 5,046
authority. 5,047
(B) During the period of the leave the member was not 5,049
entitled to receive disability benefits from the fund. 5,050
(C) The member pays into the fund an amount equal to the 5,052
employee contributions that would have been deducted from the 5,053
base pay had the member remained on active pay status, plus 5,054
interest compounded annually from the date the leave commenced to 5,055
the date of payment. The rate of interest shall be determined by 5,056
the board OF TRUSTEES of the OHIO police and firemen's disability 5,058
116
and FIRE pension fund. 5,059
Sec. 742.23. A member of the fund who is an employee of 5,068
the police department of a municipal corporation and who has 5,069
resigned or has been honorably discharged from membership in the 5,070
fire department of the same municipal corporation shall, in 5,071
computing years of service in the police department under section 5,072
742.37 or 742.39 of the Revised Code, be given full credit for 5,073
time served in such fire department, provided the member has paid 5,074
into the OHIO police and firemen's disability and FIRE pension 5,076
fund a sum equal to that which the member would have been 5,077
required to pay, under former section 741.12 and section 742.31
of the Revised Code, as a member of such fire department during 5,078
the years for which service credit is claimed had the member been 5,079
contributing a percentage of the member's salary to a firemen's 5,080
relief and pension fund or to the OHIO police and firemen's 5,082
disability and FIRE pension fund as provided by such sections 5,083
during such years.
Sec. 742.24. A member of the fund who is an employee of 5,092
the fire department of a municipal corporation and who has 5,093
resigned or has been honorably discharged from membership in the 5,094
police department of the same municipal corporation shall, in 5,095
computing years of service in the fire department under section 5,096
742.37 or 742.39 of the Revised Code, be given full credit for 5,097
the time served in such police department, provided the member 5,098
has paid into the OHIO police and firemen's disability and FIRE 5,100
pension fund a sum equal to that which the member would have been 5,101
required to pay, under former section 741.43 and section 742.31 5,102
of the Revised Code, as a member of such police department during 5,103
the years for which service credit is claimed had the member been 5,104
contributing a percentage of the member's salary to a police 5,105
relief and pension fund or to the OHIO police and firemen's 5,106
disability and FIRE pension fund, as provided by such sections 5,108
during such years.
Sec. 742.25. Each member of the fund, in computing years 5,117
117
of service, shall be given credit for the service credit to which 5,118
he THE MEMBER was entitled in a firemen's relief and pension 5,119
fund, established pursuant to former section 521.02 or 741.02 of 5,121
the Revised Code, or a police relief and pension fund,
established pursuant to former section 741.32 of the Revised 5,122
Code, on the date that the assets of the particular fund were 5,123
transferred to the OHIO police and firemen's disability and FIRE 5,125
pension fund.
Sec. 742.251. (A) A member of the OHIO police and 5,134
firemen's disability and FIRE pension fund, in computing years of 5,136
active service under division (C) of section 742.37 or section 5,138
742.39 of the Revised Code, shall be given full credit for 5,140
full-time out-of-state or federal service, other than military 5,141
service, purchased under this section. A member may purchase 5,142
credit for such service if all of the following conditions are 5,143
met:
(1) The service was rendered as an employee of an entity 5,145
of state or local government, or of an entity of the United 5,146
States government; 5,147
(2) The member is eligible to retire under this chapter or 5,149
will become eligible to retire as a result of purchasing the 5,150
credit; 5,151
(3) The member agrees to retire within ninety days after 5,153
receiving notice of the amount determined under division (B) of 5,154
this section. 5,155
(B) On receipt of a request from a member eligible to 5,157
purchase credit under this section, the fund shall obtain from 5,158
its actuary certification of the amount of the additional 5,159
liability to the fund for each year of credit the member is 5,160
eligible to purchase and shall notify the member of that amount. 5,161
For each year of credit purchased, the member shall pay to the 5,162
fund an amount equal to the additional liability resulting from 5,163
the purchase of credit for that year. Payment shall be made in 5,164
full at the time of purchase. 5,165
118
(C) The number of years of service purchased under this 5,167
section shall not exceed five. 5,168
(D) A member may not purchase credit under this section 5,170
for service that is used in the calculation of any public or 5,171
private retirement benefit, other than federal social security 5,172
benefits, currently being paid or payable in the future to the 5,173
member. 5,174
(E) If the member does not retire within ninety days after 5,176
purchasing credit under this section, the fund shall withdraw the 5,177
credit and refund the amount paid by the member. 5,178
Sec. 742.26. (A) As used in this section: 5,187
(1) "Actuarial present value" means the calculation under 5,189
which the probability of occurrence, based on a specified 5,190
mortality table, and the discount for future monetary growth at a 5,191
specified interest rate are considered by an actuary to determine 5,192
the value of an annuity. 5,193
(2) "Other system retirant" means a former member of the 5,195
public employees retirement system, state teachers retirement 5,196
system, school employees retirement system, state highway patrol 5,197
retirement system, or Cincinnati retirement system who is 5,198
receiving a disability benefit or an age and service or commuted 5,199
age and service retirement benefit or allowance from a system of 5,200
which he THE PERSON is a former member. 5,201
(3) "PFDPFfiremen's disability and FIRE 5,206
pension fund. 5,208
(B) The mortality table and interest rate used in 5,210
determining actuarial present value shall be determined by the 5,211
board of trustees of the fund based on the recommendations of an 5,212
actuary employed by the board. 5,213
(C)(1) A PFDPFhe THE RETIRANT shall make contributions to the fund 5,218
119
in accordance with section 742.31 of the Revised Code, and the 5,220
employer shall make contributions in accordance with sections 5,221
742.33 and 742.34 of the Revised Code. 5,222
(2) An employer that employs a PFDPFA PFDPF AN OPFPF retirant or other system retirant who 5,235
has received his A retirement allowance or benefit for less than 5,236
two months when employment subject to this section commences 5,237
shall forfeit his THE retirement allowance or benefit for the 5,238
period that begins on the date the employment commences and ends 5,240
on the date that is two months after the date on which the 5,241
retirement allowance or benefit commenced. Service and 5,242
contributions for that period shall not be included in the 5,243
calculation of any benefits payable under this section, and those 5,244
contributions shall be refunded on his THE RETIRANT'S death or 5,245
termination of the employment. 5,246
(E) On receipt of notice from the public employees 5,248
retirement system, school employees retirement system, or state 5,249
teachers retirement system of the re-employment of a PFDPFfiremen's disability and FIRE 5,253
pension fund shall not pay, or if paid shall recover, the amount 5,254
to be forfeited by the PFDPFa PFDPFPFDPFhis THE RETIRANT'S individual account in the fund, 5,268
together with interest credited thereon at the rate determined by 5,270
the board, provided the annuity equals or exceeds twenty-five 5,271
dollars per month. 5,272
(ii) A lump-sum payment equal to two times the sum of all 5,274
amounts deducted from the salary of the PFDPFhis THE RETIRANT'S 5,277
individual account in the fund, together with interest credited 5,279
thereon at the rate determined by the board. 5,280
(b) Interest shall be credited to accounts only at the 5,282
time of calculation of a benefit payable under division (F)(1) of 5,283
this section. 5,284
(2) A benefit payable under this division shall commence 5,286
on the first day of the month immediately after the latest of the 5,287
following: 5,288
(a) The last day for which compensation for employment 5,290
subject to this section was paid; 5,291
(b) Attainment by the PFDPFPFDPFa PFDPFhis THE 5,313
RETIRANT'S surviving spouse, or if there is no surviving spouse, 5,315
to his THE RETIRANT'S estate.
121
(2) If at the time of his death a PFDPFhe 5,320
would have BEEN received as a lump-sum payment under division 5,321
(F)(1)(a)(ii) of this section, the difference between the amount 5,323
he received and the amount he THAT would have BEEN received as a 5,324
lump-sum payment shall be paid to his THE RETIRANT'S surviving 5,326
spouse, or if there is no surviving spouse, to his THE RETIRANT'S 5,327
estate.
(H) An other system retirant subject to this section is 5,329
not a member of the OHIO police and firemen's disability and FIRE 5,331
pension fund, does not have any of the rights, privileges, or 5,332
obligations of membership, except as specified in this section, 5,333
and is not eligible to receive health, medical, hospital, or 5,334
surgical benefits under section 742.45 of the Revised Code for 5,335
employment subject to this section. 5,336
(I) If any payment is made by the OHIO police and 5,338
firemen's disability and FIRE pension fund to a PFDPFhe THE RETIRANT is not 5,343
entitled, he THE RETIRANT shall repay it to the fund. If he THE 5,345
RETIRANT fails to make the repayment, the fund shall withhold the 5,347
amount due from any allowances or other amounts due the PFDPFA PFDPFfiremen's disability 5,385
and FIRE pension fund who, during employment as a member of a 5,387
police or fire department, is removed from active pay status by 5,388
being laid off by the member's employer, shall, in computing 5,389
years of active service under division (C) of section 742.37 or 5,390
section 742.39 of the Revised Code, be given full credit for time 5,391
for which contributions were not made during the period the 5,392
member was laid off, if all of the following conditions are met: 5,393
(1) During the time the member was laid off, the member 5,395
was not entitled to receive disability benefits from the fund. 5,397
(2) During the time the member was laid off, the member 5,399
did not render any service that is used in the calculation of any 5,400
public or private retirement benefit, except any federal social 5,401
security retirement benefit, currently being paid or payable in 5,402
the future to the member. 5,403
(3) The fund receives the amount determined under division 5,405
(C) of this section from the member, the member's employer, or 5,407
the member and the employer.
The total amount of service purchased by any member under 5,409
this section shall not exceed two years. A member may choose to 5,410
purchase only part of such credit in any one payment, subject to 5,411
board rules. 5,412
(C) The amount paid for the credit purchased under this 5,414
section shall be an amount equal to the additional liability to 5,415
the fund resulting from the purchase of the credit, as determined 5,416
by an actuary employed by the board of trustees of the fund. 5,417
123
(D) The board shall have final authority to determine and 5,419
fix the amount of the payment for credit purchased under this 5,420
section. The employer may pay all or part of the payment. 5,421
(E) The board of trustees shall adopt rules for the 5,423
implementation of this section. 5,424
Sec. 742.30. (A) The employer's accrued liability, as 5,433
determined pursuant to former section 742.29 of the Revised Code, 5,434
shall be paid to the OHIO police and firemen's disability and 5,436
FIRE pension fund. Payments shall be credited to the policemen's 5,437
POLICE OFFICERS' pension reserve fund, or to the firemen's 5,439
FIREFIGHTERS' pension reserve fund, in accordance with the relief 5,441
and pension fund from which the liability for such payment 5,442
arises, until such time as the employer's accrued liability on 5,443
account of pensioners and other benefit recipients on the rolls 5,444
of the particular police relief and pension fund or firemen's 5,445
relief and pension fund is satisfied. Thereafter, payments shall 5,447
be credited to the policemen's POLICE OFFICERS' contribution fund 5,448
or the firemen's FIREFIGHTERS' contribution fund, in accordance 5,450
with the relief and pension fund from which the liability for 5,451
such payments arises, until such time as the employer's accrued 5,452
liability on account of deductions made from the compensation of 5,453
police officers or firefighters under the particular police 5,455
relief and pension fund or firemen's relief and pension fund is 5,457
satisfied. Thereafter, payments shall be credited to the
policemen POLICE OFFICER employers' contribution fund, or firemen 5,459
FIREFIGHTER employers' contribution fund, in accordance with the 5,460
relief and pension fund from which the liability for such 5,462
payments arises, until such time as the employer's total accrued 5,463
liability under the particular police relief and pension fund or 5,464
firemen's relief and pension fund is satisfied. 5,466
(B) That part of the employer's accrued liability 5,468
remaining unpaid on January 1, 1969, shall be paid by the 5,469
employer at not less than the following rates per year: two per 5,470
cent in 1969, two per cent in 1970, three per cent in 1971, four 5,471
124
per cent in 1972, and five per cent per annum beginning in 1973 5,472
and each year thereafter for sixty-two years. Except as provided 5,473
in division (C) of this section, payments shall be fixed annually 5,474
and paid on dates fixed by the board of trustees of the OHIO 5,475
police and firemen's disability and FIRE pension fund. 5,477
(C) The board may enter into an agreement with a municipal 5,481
corporation or township for a single payment by the municipal
corporation or township of the employer's accrued liability. The 5,482
agreement may provide for a reduction in the amount of the 5,484
accrued liability based on the value to the fund of receiving a 5,485
single payment. A municipal corporation or township that has 5,486
made payment in accordance with such an agreement shall have no 5,487
further obligation to make payments under this section. 5,488
(D) The board shall report every two years to the general 5,490
assembly during its first regular session on the condition of the 5,491
retirement system, with particular emphasis upon the payment of 5,492
the employer's accrued liability, and make such recommendations, 5,493
upon the advice of its actuary, as it considers necessary for the 5,494
proper funding of the liabilities. 5,495
Sec. 742.301. Each employer shall promptly pay the amount 5,504
due on the accrued liability on the dates fixed by the board of 5,505
trustees of the OHIO police and firemen's disability and FIRE 5,507
pension fund. Upon certification by the board that payment of an 5,508
employer's accrued liability has not been paid within thirty days 5,509
following the date a payment is due, a penalty of five per cent 5,510
of the amount due shall be assessed against such employer. If 5,511
the payment and penalty have not been paid within ninety days 5,512
following the date a payment is due, annual interest at six per 5,513
cent shall be assessed against the payment and penalty from the 5,514
date that the payment is due. 5,515
Upon certification by the board to the superintendent of 5,517
liquor control or the county auditor of an amount due from any 5,518
employer who is subject to this chapter by reason of such 5,519
employer's delinquency in making payments on the accrued 5,520
125
liability, the amount due shall be withheld from the employer 5,521
from liquor control permit fees to be distributed to that 5,522
employer according to Chapter 4301. of the Revised Code or from 5,523
the local government fund allocated for distribution to that 5,524
employer by the county budget commission in accordance with 5,525
Chapter 5739. of the Revised Code. Upon receipt of the 5,526
certification from the board, the superintendent or county 5,527
auditor shall provide for payment against such funds in favor of 5,528
the OHIO police and firemen's disability and FIRE pension fund 5,530
for the certified amount due and any penalty and interest
thereon. 5,531
Sec. 742.31. Each employee shall contribute an amount 5,540
equal to ten per cent of the employee's salary to the OHIO police 5,541
and firemen's disability and FIRE pension fund. The amount shall 5,543
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 5,545
payroll period, irrespective of whether the minimum compensation 5,547
provided by law for the employee is reduced thereby. Every 5,548
employee shall be deemed to consent to the deductions, and 5,549
payment to the employee less the deductions is a complete 5,550
discharge and acquittance of all claims and demands for the 5,551
services rendered by the employee during the period covered by 5,552
such payment.
Sec. 742.311. (A) As used in this section, "entry age 5,561
normal actuarial cost method" means an actuarial cost method 5,563
under which the actuarial present value of the projected benefits 5,564
of each individual included in the valuation is allocated on a 5,565
level basis over the earnings or service of the individual
between the entry age and the assumed exit age, with the portion 5,566
of the actuarial present value that is allocated to the valuation 5,567
year to be the normal cost and the portion of the actuarial 5,568
present value not provided for at the valuation date by the 5,569
actuarial present value of future normal costs to be the 5,570
actuarial accrued liability. Under this method, the actuarial
126
gains or losses are reflected as they occur in a decrease or 5,571
increase in the unfunded actuarial accrued liability. 5,572
(B) The Ohio retirement study council shall annually 5,574
review the adequacy of the contribution rates provided under 5,575
sections 742.31, 742.33, and 742.34 of the Revised Code and the 5,576
contribution rates recommended in a report by the actuary of the 5,577
OHIO police and firemen's disability and FIRE pension fund for 5,579
the forthcoming year.
The actuarial calculations used by the actuary shall be 5,582
based on the entry age normal actuarial cost method, and the 5,583
adequacy of the contribution rates shall be reported on the basis
of that method. The Ohio retirement study council shall make 5,585
recommendations to the general assembly that it finds necessary 5,586
for the proper financing of the benefits of the OHIO police and 5,587
firemen's disability and FIRE pension fund. 5,588
Sec. 742.32. The fiscal officer of each employer shall 5,597
transmit monthly to the secretary of the board of trustees of the 5,600
OHIO police and firemen's disability and FIRE pension fund a 5,601
report of employee deductions in such form as the board requires. 5,603
The report shall show all deductions for the fund made pursuant 5,604
to section 742.31 of the Revised Code and shall be accompanied by 5,605
payments covering the total of such deductions. Separate 5,607
payments shall be so transmitted for that portion of such 5,609
deductions made from the salaries of members of the police 5,610
department and for that portion of such deductions made from the 5,611
salaries of members of the fire department. A penalty of five 5,612
per cent of the total amount due for the particular reporting 5,613
period shall be added when the report, together with payments to 5,614
cover the total amount due from the salaries of all employees of 5,615
the employer, is transmitted thirty or more days after the last 5,616
day of the reporting period. The penalty shall be added to and 5,617
collected on the next succeeding regular employer billing. If 5,618
the penalty is not paid within three months after it is added to 5,619
the regular employer billing, interest at a rate determined by 5,620
127
the board may be charged on the amount of the penalty from the 5,622
date the amount is due to the date of payment.
The secretary of the board, after making a record of all 5,625
such receipts and crediting each employee's individual account 5,626
with the amount deducted from the employee's salary, shall 5,627
deposit the receipts with the treasurer of state for use as 5,628
provided by this chapter. Where an employer fails to deduct 5,629
contributions for any employee and transmit such amounts to the 5,630
fund, the board may make a determination of the employee's 5,631
liability for contributions and certify to the employer the 5,632
amounts due for collection in the same manner and subject to the 5,633
same penalties as payments due the employer's contributions 5,634
funds. 5,635
Sec. 742.33. (A) Each employer shall pay quarterly, on 5,644
such dates as the board of trustees of the OHIO police and 5,645
firemen's disability and FIRE pension fund requires, from its 5,647
general fund, or from a levy imposed pursuant to division (J) or 5,649
(W) of section 5705.19 of the Revised Code, to the fund an amount 5,650
known as the "police employer's OFFICER EMPLOYERS' contribution," 5,653
which shall be nineteen and one-half per cent of the salaries as 5,655
defined in division (L) of section 742.01 of the Revised Code of 5,657
the members of the police department of the employer. 5,658
(B) The taxing authority of each municipal corporation in 5,660
which there was a police relief and pension fund on October 1, 5,661
1965, shall annually, in the manner provided for making other 5,662
municipal levies and in addition to all other levies authorized 5,663
by law, levy a tax of three-tenths of one mill upon all the real 5,664
and personal property as listed for taxation in the municipal 5,665
corporation for the purpose of paying the police employer's 5,667
OFFICER EMPLOYERS' contribution and the municipal corporation's 5,668
accrued liability for its former police relief and pension fund 5,669
and interest thereon, and of defraying the current operating 5,670
expenses of the municipal corporation. The annual revenues 5,671
derived from the tax shall be used in the following order: 5,672
128
(1) First, to pay the current police employer's OFFICER 5,674
EMPLOYERS' contribution and any interest related thereto; 5,676
(2) Second, to pay any accrued liability chargeable to the 5,678
municipal corporation during the current calendar year for its 5,679
former police relief and pension fund and any interest related 5,680
thereto; 5,681
(3) Third, to defray the current operating expenses of the 5,683
municipal corporation. 5,684
Sec. 742.34. (A) Each employer shall pay quarterly, on 5,693
such dates as the board of trustees of the OHIO police and 5,694
firemen's disability and FIRE pension fund requires, from its 5,696
general fund, or from a levy imposed pursuant to division (I) or 5,698
(W) of section 5705.19 of the Revised Code, to the fund an amount 5,699
known as the "firefighters employer's FIREFIGHTER EMPLOYERS' 5,700
contribution," which shall be twenty-four per cent of the 5,703
salaries as defined in division (L) of section 742.01 of the 5,704
Revised Code of the members of the fire department of the 5,706
employer.
(B) The taxing authority of each municipal corporation in 5,708
which there was a firemen's relief and pension fund on October 1, 5,709
1965, shall annually, in the manner provided for making other 5,710
municipal levies and in addition to all other levies authorized 5,711
by law, levy a tax of three-tenths of one mill upon all the real 5,712
and personal property as listed for taxation in the municipal 5,713
corporation for the purpose of paying the firefighters employer's 5,715
FIREFIGHTER EMPLOYERS' contribution and the municipal 5,716
corporation's accrued liability for its former firemen's relief 5,717
and pension fund and interest thereon, and of defraying the 5,719
current operating expenses of the municipal corporation. The 5,720
annual revenues derived from the tax shall be used in the 5,721
following order:
(1) First, to pay the current firefighters employer's 5,723
FIREFIGHTER EMPLOYERS' contribution and any interest related 5,725
thereto;
129
(2) Second, to pay any accrued liability chargeable to the 5,727
municipal corporation during the current calendar year for its 5,728
former firemen's relief and pension fund and any interest related 5,729
thereto; 5,730
(3) Third, to defray the current operating expenses of the 5,732
municipal corporation. 5,733
Sec. 742.35. Each employer shall pay its annual police 5,743
employer's OFFICER EMPLOYERS' contribution and firefighters 5,744
employer's FIREFIGHTER EMPLOYERS' contribution in four equal 5,746
installments promptly as provided in sections 742.33 and 742.34 5,747
of the Revised Code. Sixty days after the date an installment is 5,748
due, any amounts which remain unpaid shall be subject to a 5,750
penalty for late payment in the amount of five per cent. In 5,751
addition, interest on past due accounts and penalties may be 5,752
charged at a rate determined by the retirement board OF TRUSTEES 5,753
OF THE OHIO POLICE AND FIRE PENSION FUND from the date the 5,754
installment is due to the date of payment. 5,755
Upon certification by the board to the county auditor of an 5,757
amount due from any employer within the county who is subject to 5,758
this chapter, by reason of such employer's delinquency in making 5,759
employer contribution payments to the fund for past years, such 5,760
amount shall be withheld from such employer from any funds in the 5,761
hands of the county treasurer for distribution to such employer. 5,762
Upon receipt of such certification, the county auditor shall draw 5,763
a warrant against such funds in favor of the fund for the amount. 5,764
Sec. 742.36. The treasurer of state shall pay in August 5,773
1981 and each August thereafter from appropriations made for such 5,774
purposes to the OHIO police and firemen's disability and FIRE 5,776
pension fund one million two hundred thousand dollars which shall 5,778
be known as the "state contribution." Upon receipt of such state
contribution, the board of trustees of the OHIO police and 5,779
firemen's FIRE pension fund shall place the state contribution in 5,782
the guarantee fund to be distributed in accordance with division 5,783
(G) of section 742.59 of the Revised Code. 5,784
130
Sec. 742.361. On or before the first day of August in 1982 5,793
and on or before the first day of August in each year thereafter, 5,794
the board of trustees of the OHIO police and firemen's disability 5,795
and FIRE pension fund shall certify to the treasurer of state the 5,798
amount required to be paid in the preceding fiscal year to 5,799
persons first receiving a benefit or allowance prior to July 1,
1981, under divisions (D), (E), (F), and (H)(2), (3), and (4) of 5,800
section 742.37 and by sections 742.377 and 742.3710 of the 5,801
Revised Code. Upon receipt of such certification, the treasurer 5,802
of state shall pay to the fund the amount certified. 5,803
Sec. 742.362. In lieu of an employer contribution to pay 5,812
part of the cost of the benefits provided under section 742.52 of 5,813
the Revised Code, the treasurer of state shall make a payment to 5,814
the OHIO police and firemen's disability and FIRE pension fund in 5,817
August, 1981 and each August thereafter from appropriations made 5,819
for the purpose by the general assembly.
Sec. 742.37. The board of trustees of the OHIO police and 5,828
firemen's disability and FIRE pension fund shall adopt rules for 5,830
the management of the fund and for the disbursement of benefits 5,831
and pensions as set forth in this section and section 742.39 of 5,833
the Revised Code. Any payment of a benefit or pension under this 5,835
section is subject to the provisions of section 742.461 of the 5,836
Revised Code. Notwithstanding any other provision of this 5,837
section, no pension or benefit paid or determined under division 5,838
(B) or (C) of this section or section 742.39 of the Revised Code 5,839
shall exceed the limit established by section 415 of the 5,840
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 5,841
as amended.
(A) Persons who were receiving benefit or pension payments 5,843
from a police relief and pension fund established under former 5,844
section 741.32 of the Revised Code, or from a firemen's relief 5,845
and pension fund, established under former section 521.02 or 5,847
741.02 of the Revised Code, at the time the assets of the fund 5,849
were transferred to the OHIO POLICE AND FIRE PENSION FUND, KNOWN 5,850
131
AT THAT TIME AS THE police and firemen's disability and pension 5,852
fund, shall receive benefit and pension payments from the OHIO 5,853
police and firemen's disability and FIRE pension fund in the same 5,855
amount and subject to the same conditions as such payments were 5,857
being made from the former fund on the date of the transfer. 5,859
(B) A member of the fund who, pursuant to law, elected to 5,861
receive benefits and pensions from a police relief and pension 5,862
fund established under former section 741.32 of the Revised Code, 5,864
or from a firemen's relief and pension fund established under 5,866
former section 741.02 of the Revised Code, in accordance with the 5,867
rules of the fund governing the granting of benefits or pensions 5,869
therefrom in force on April 1, 1947, shall receive benefits and 5,870
pensions from the OHIO police and firemen's disability and FIRE 5,871
pension fund in accordance with such rules; provided, that any 5,873
member of the fund who is not receiving a benefit or pension from 5,874
the fund on August 12, 1975, may, upon application for a benefit 5,875
or pension to be received on or after August 12, 1975, elect to 5,876
receive a benefit or pension in accordance with division (C) of 5,877
this section.
(C) Members of the fund who have not elected to receive 5,879
benefits and pensions from a police relief and pension fund or a 5,880
firemen's relief and pension fund in accordance with the rules of 5,882
the fund in force on April 1, 1947, shall receive pensions and 5,884
benefits in accordance with the following provisions:
(1) A member of the fund who has completed twenty-five 5,886
years of active service in a police or fire department and has 5,887
attained forty-eight years of age may, at the member's election, 5,889
retire from the police or fire department, and upon notifying the 5,890
board in writing of the election, shall receive an annual 5,891
pension, payable in twelve monthly installments, in an amount 5,893
equal to a percentage of the member's average annual salary. The 5,894
percentage shall be the sum of two and one-half per cent for each 5,896
of the first twenty years the member was in the active service of 5,897
the department, plus two per cent for each of the twenty-first to 5,899
132
twenty-fifth years the member was in the active service of the 5,900
department, plus one and one-half per cent for each year in 5,902
excess of twenty-five years the member was in the active service 5,903
of the department. The annual pension shall not exceed 5,904
seventy-two per cent of the member's average annual salary. 5,905
A member who completed twenty-five years of active service, 5,908
has resigned or been discharged, and has left the sum deducted 5,910
from the member's salary on deposit in the pension fund shall, 5,911
upon attaining forty-eight years of age, be entitled to receive a 5,913
normal service pension benefit computed and paid under division 5,914
(C)(1) of this section.
(2) A member of the fund who has served fifteen or more 5,916
years as an active member of a police or fire department and who 5,917
voluntarily resigns or is discharged from the department for any 5,919
reason other than dishonesty, cowardice, intemperate habits, or 5,920
conviction of a felony, shall receive an annual pension, payable 5,921
in twelve monthly installments, in an amount equal to one and 5,922
one-half per cent of the member's average annual salary 5,923
multiplied by the number of full years the member was in the 5,925
active service of the department. The pension payments shall not 5,926
commence until the member has attained the age of forty-eight 5,928
years and until twenty-five years have elapsed from the date on 5,929
which the member became a full-time regular police officer or 5,931
firefighter in the department. 5,932
(3) A member of the fund who has completed fifteen or more 5,934
years of active service in a police or fire department and who 5,935
has attained sixty-two years of age, may retire from the 5,936
department and, upon notifying the board in writing of the 5,937
election to retire, shall receive an annual pension, payable in 5,938
twelve monthly installments, in an amount equal to a percentage 5,939
of the member's average annual salary. The percentage shall be 5,941
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, 5,943
plus two per cent for each of the twenty-first to twenty-fifth 5,945
133
years the member was in the active service of the department, 5,947
plus one and one-half per cent for each year in excess of 5,949
twenty-five years the member was in the active service of the 5,951
department. The annual pension shall not exceed seventy-two per 5,953
cent of the member's average annual salary. 5,954
(4) With the exception of those persons who may make 5,956
application for benefits as provided in section 742.26 of the 5,958
Revised Code, no person receiving a pension or other benefit 5,959
under division (C) of this section on or after July 24, 1986, 5,960
shall be entitled to apply for any new, changed, or different 5,961
benefit.
If a member covered by division (C) of this section or 5,963
section 742.38 of the Revised Code dies prior to the time the 5,965
member has received a payment and leaves a surviving spouse or 5,967
dependent child, the surviving spouse or dependent child shall 5,968
receive a pension under division (D) or (E) of this section. 5,969
(D)(1) Except as provided in division (D)(2) of this 5,972
section, a surviving spouse of a deceased member of the fund
shall receive a monthly pension as follows: 5,974
(a) For the period beginning July 1, 1999, and ending June 5,978
30, 2000, five hundred fifty dollars; 5,979
(b) For the period beginning July 1, 2000, and the first 5,982
day of July of each year thereafter and continuing for the 5,984
following twelve months, an amount equal to the monthly amount 5,985
paid during the prior twelve-month period plus an amount 5,986
determined by multiplying five hundred fifty dollars by the 5,988
average percentage change in the consumer price index, not 5,989
exceeding three per cent, as determined each year by the board 5,990
under section 742.3716 of the Revised Code. 5,992
(2) A surviving spouse of a deceased member of the fund 5,994
shall receive a monthly pension of four hundred ten dollars if 5,996
one of the following is the case: 5,997
(a) At the time of death, the deceased member had been 6,000
awarded a pension under this chapter based on age and service; 6,001
134
(b) The surviving spouse is eligible for a benefit under 6,004
section 742.3714 or division (B) or (D) of section 742.63 of the 6,005
Revised Code. If the surviving spouse ceases to be eligible for 6,007
a benefit under division (B) or (D) of section 742.63 of the 6,008
Revised Code, the pension shall be increased, effective the first 6,010
day of the first month following the day on which the surviving 6,011
spouse ceases to be eligible for the benefit, to the amount it 6,012
would be under division (D)(1) of this section had the spouse 6,013
never been eligible for a benefit under division (B) or (D) of 6,014
section 742.63 of the Revised Code. 6,017
(3) A pension paid under this division shall continue 6,020
during the natural life of the surviving spouse. Benefits to a 6,022
deceased member's surviving spouse that were terminated under a 6,024
former version of this section that required termination due to 6,025
remarriage and were not resumed prior to September 16, 1998, 6,027
shall resume on the first day of the month immediately following 6,028
receipt by the board of an application on a form provided by the 6,029
board.
(E) Each surviving child of a deceased member of the fund 6,032
shall receive a monthly pension of one hundred fifty dollars 6,034
until the child attains the age of eighteen years, or marries, 6,036
whichever event occurs first. A pension under this division, 6,038
however, shall continue to be payable to a child under age 6,039
twenty-two who is a student in and attending an institution of 6,040
learning or training pursuant to a program designed to complete 6,041
in each school year the equivalent of at least two-thirds of the 6,042
full-time curriculum requirements of the institution, as 6,043
determined by the board. If any surviving child, regardless of 6,046
age at the time of the member's death, because of physical or 6,047
mental disability, is totally dependent upon the deceased member 6,049
for support at the time of death, the child shall receive a 6,050
monthly pension under this division during the child's natural 6,053
life or until the child has recovered from the disability. 6,054
(F) If a deceased member of the fund leaves no surviving 6,056
135
spouse or surviving children, but leaves two parents dependent 6,057
upon the deceased member for support, each parent shall be paid a 6,059
monthly pension of one hundred dollars. If there is only one 6,060
parent dependent upon the member for support, the parent shall be 6,062
paid a monthly pension of two hundred dollars. The pensions 6,064
provided for in this division shall be paid during the natural
life of the surviving parents, or until dependency ceases, or 6,065
until remarriage, whichever event occurs first. 6,066
(G) Subject to the provisions of section 742.461 of the 6,068
Revised Code, a member of the fund who voluntarily resigns or is 6,070
removed from active service in a police or fire department is 6,071
entitled to receive an amount equal to the sums deducted from the 6,072
member's salary and credited to the member's account in the fund, 6,073
except that a member receiving a disability benefit or service 6,074
pension is not entitled to receive any return of contributions to 6,075
the fund.
(H) On and after January 1, 1970, all pensions shall be 6,077
increased in accordance with the following provisions: 6,078
(1) A member of the fund who retired prior to January 1, 6,080
1967, has attained age sixty-five on January 1, 1970, and was 6,081
receiving a pension on December 31, 1969, pursuant to division 6,082
(B) or (C)(1) of this section or former division (C)(2), (3), 6,084
(4), or (5) of this section, shall have the pension increased by 6,085
ten per cent.
(2) The monthly pension payable to eligible surviving 6,087
spouses under division (D) of this section shall be increased by 6,088
forty dollars for each surviving spouse receiving a pension on 6,089
December 31, 1969. 6,090
(3) The monthly pension payable to each eligible child 6,092
under division (E) of this section shall be increased by ten 6,093
dollars for each child receiving a pension on December 31, 1969. 6,094
(4) The monthly pension payable to each eligible dependent 6,096
parent under division (F) of this section shall be increased by 6,097
thirty dollars for each parent receiving a pension on December 6,098
136
31, 1969. 6,099
(5) A member of the fund, including a survivor of a 6,101
member, who is receiving a pension in accordance with the rules 6,102
governing the granting of pensions and benefits in force on April 6,103
1, 1947, that provide an increase in the original pension from 6,105
time to time pursuant to changes in the salaries of active 6,106
members, shall not be eligible for the benefits provided in this 6,107
division. 6,108
(I) On and after January 1, 1977, a member of the fund who 6,110
was receiving a pension or benefit on December 31, 1973, under 6,111
division (A), (B), (C)(1), or former division (C)(2) or (7) of 6,113
this section shall have the pension or benefit increased as 6,114
follows:
(1) If the member's annual pension or benefit is less than 6,116
two thousand seven hundred dollars, it shall be increased to 6,118
three thousand dollars. 6,119
(2) If the member's annual pension or benefit is two 6,121
thousand seven hundred dollars or more, it shall be increased by 6,123
three hundred dollars. 6,124
The following shall not be eligible to receive increased 6,126
pensions or benefits as provided in this division: 6,127
(a) A member of the fund who is receiving a pension or 6,129
benefit in accordance with the rules in force on April 1, 1947, 6,130
governing the granting of pensions and benefits, which provide an 6,131
increase in the original pension or benefit from time to time 6,132
pursuant to changes in the salaries of active members; 6,133
(b) A member of the fund who is receiving a pension or 6,135
benefit under division (A) or (B) of this section, based on 6,136
funded volunteer or funded part-time service, or off-duty 6,137
disability, or partial on-duty disability, or early vested 6,138
service; 6,139
(c) A member of the fund who is receiving a pension under 6,141
division (C)(1) of this section, based on funded volunteer or 6,142
funded part-time service. 6,143
137
(J) On and after July 1, 1977, a member of the fund who 6,145
was receiving an annual pension or benefit on December 31, 1973, 6,146
pursuant to division (B) of this section, based upon partial 6,147
disability, off-duty disability, or early vested service, or 6,148
pursuant to former division (C)(3), (5), or (6) of this section, 6,149
shall have such annual pension or benefit increased by three 6,150
hundred dollars. 6,151
The following are not eligible to receive the increase 6,153
provided by this division: 6,154
(1) A member of the fund who is receiving a pension or 6,156
benefit in accordance with the rules in force on April 1, 1947, 6,157
governing the granting of pensions and benefits, which provide an 6,158
increase in the original pension or benefit from time to time 6,159
pursuant to changes in the salaries of active members; 6,160
(2) A member of the fund who is receiving a pension or 6,162
benefit under division (B) or (C)(2) of this section or former 6,164
division (C)(3), (5), or (6) of this section based on volunteer 6,165
or part-time service.
(K)(1) Except as otherwise provided in this division, 6,167
every person who on July 24, 1986, is receiving an age and 6,168
service or disability pension, allowance, or benefit pursuant to 6,169
this chapter in an amount less than thirteen thousand dollars a 6,170
year that is based upon an award made effective prior to February 6,171
28, 1984, shall receive an increase of six hundred dollars a year 6,172
or the amount necessary to increase the pension or benefit to 6,173
four thousand two hundred dollars after all adjustments required 6,174
by this section, whichever is greater. 6,175
(2) Division (K)(1) of this section does not apply to the 6,177
following: 6,178
(a) A member of the fund who is receiving a pension or 6,180
benefit in accordance with rules in force on April 1, 1947, that 6,181
govern the granting of pensions and benefits and that provide an 6,182
increase in the original pension or benefit from time to time 6,183
pursuant to changes in the salaries of active members; 6,184
138
(b) A member of the fund who is receiving a pension or 6,186
benefit based on funded volunteer or funded part-time service. 6,187
(L) On and after July 24, 1986: 6,189
(1) The pension of each person receiving a pension under 6,191
division (D) of this section on July 24, 1986, shall be increased 6,192
to three hundred ten dollars per month. 6,193
(2) The pension of each person receiving a pension under 6,195
division (E) of this section on July 24, 1986, shall be increased 6,196
to ninety-three dollars per month. 6,197
Sec. 742.371. (A) As used in this section, "lay off" has 6,206
the same meaning as in division (A) of section 742.27 of the 6,207
Revised Code. 6,208
(B) A member of the fund who has voluntarily resigned or 6,210
who voluntarily resigns or who has been or is removed from active 6,211
service in a police or fire department for any reason other than 6,212
a lay off that was involuntary, as certified pursuant to division 6,213
(C) of this section, and receives or has received from a police 6,214
relief and pension fund under division (I) of former section 6,215
741.49 of the Revised Code, or from a firemen's relief and 6,216
pension fund under division (I) of former section 741.18 of the 6,217
Revised Code, or from a township firemen's relief and pension 6,219
fund under division (I) of former section 521.11 of the Revised 6,220
Code, or from the OHIO police and firemen's disability and FIRE 6,222
pension fund under division (G) of section 742.37 of the Revised 6,223
Code, an amount equal to the sum deducted from the member's 6,224
salary and credited to one of such funds shall, upon 6,225
reinstatement to the active service of such police or fire 6,227
department, deposit with the OHIO police and firemen's disability 6,229
and FIRE pension fund an amount equal to the sum so received by 6,231
the member, with interest compounded annually thereon, at a rate 6,233
to be determined by the board of trustees of the OHIO police and 6,235
firemen's disability and FIRE pension fund, from the date of such 6,236
receipt to the date of such deposit. The member may choose to 6,237
purchase only part of such credit in any one payment, subject to 6,238
139
board rules. Such member shall not be entitled to receive any 6,239
pension or benefit payments under division (B) or (C) of section 6,240
742.37 or section 742.39 of the Revised Code until the member has 6,242
made the deposit required by this section. 6,243
(C) A member of the fund who has been or is removed from 6,245
active service in a police or fire department as a result of a 6,246
lay off that was involuntary, as certified pursuant to this 6,247
division, and receives or has received from a police relief and 6,248
pension fund under division (I) of former section 741.49 of the 6,249
Revised Code, or from a firemen's relief and pension fund under 6,250
division (I) of former section 741.18 of the Revised Code, or 6,251
from a township firemen's relief and pension fund under division 6,252
(I) of former section 521.11 of the Revised Code, or from the 6,254
OHIO police and firemen's disability and FIRE pension fund under 6,255
division (G) of section 742.37 of the Revised Code, an amount 6,256
equal to the sum deducted from the member's salary and credited 6,257
to one of such funds may, upon reinstatement to the active 6,259
service of such police or fire department, deposit with the OHIO 6,260
police and firemen's disability and FIRE pension fund an amount 6,262
equal to the sum so received by the member, with interest 6,263
compounded annually thereon, at a rate to be determined by the 6,264
board of trustees of the OHIO police and firemen's disability and 6,266
FIRE pension fund from the date of such receipt to the date of 6,268
such deposit. The member may choose to purchase only part of 6,269
such credit in any one payment, subject to board rules.
If any police or fire department reinstates a member of the 6,271
fund who was removed from active service in that police or fire 6,272
department as a result of a lay off that was involuntary, the 6,273
police or fire department shall upon the request of that member 6,274
certify to the fund that the member was removed from active 6,275
service in that police or fire department as a result of a lay 6,276
off that was involuntary. 6,277
Sec. 742.372. A member of the fund who is in the active 6,286
service of a police department and is not receiving a pension or 6,287
140
benefit payment from the OHIO police and firemen's disability and 6,289
FIRE pension fund shall, in computing years of active service in 6,290
such department under division (C) of section 742.37 or section 6,291
742.39 of the Revised Code, be given credit for the time served 6,293
in the active service of another Ohio police or fire department, 6,294
provided both of the following occur: 6,295
(A) The member was a member of a police or firemen's 6,297
relief and pension fund or the OHIO police and firemen's 6,299
disability and FIRE pension fund during the full time for which 6,301
such active service credit is claimed. 6,302
(B) The member pays into the OHIO police and firemen's 6,304
disability and FIRE pension fund the amount received by the 6,306
member under division (I) of former section 521.11, division (I) 6,308
of former section 741.18, division (I) of former section 741.49, 6,309
or division (G) of section 742.37 of the Revised Code, with 6,310
interest compounded annually thereon at a rate to be determined 6,311
by the board of trustees of the OHIO police and firemen's 6,312
disability and FIRE pension fund, from the date of such receipt 6,315
to the date of such deposit, or there is to the member's credit 6,316
in the policemen's POLICE OFFICERS' contribution fund an amount 6,317
equal to the sums contributed by the member to such police or 6,318
firemen's relief and pension fund or to the OHIO police and 6,320
firemen's disability and FIRE pension fund for the full time for 6,322
which such active service credit is claimed. 6,323
Sec. 742.373. A member of the fund who is in the active 6,332
service of a fire department and is not receiving a pension or 6,333
benefit payment from the OHIO police and firemen's disability and 6,335
FIRE pension fund shall, in computing years of active service in 6,336
such department under division (C) of section 742.37 or section 6,337
742.39 of the Revised Code, be given credit for time served in 6,339
the active service of another Ohio police or fire department, 6,340
provided both of the following occur: 6,341
(A) The member was a member of a police or firemen's 6,343
relief and pension fund or the OHIO police and firemen's 6,344
141
disability and FIRE pension fund during the full time for which 6,346
such active service credit is claimed. 6,347
(B) The member pays into the OHIO police and firemen's 6,349
disability and FIRE pension fund the amount received by the 6,351
member under division (I) of former section 521.11, division (I) 6,352
of former section 741.18, division (I) of former section 741.49, 6,353
or division (G) of section 742.37 of the Revised Code, with 6,354
compound interest thereon at a rate to be determined by the board 6,355
of trustees of the OHIO police and firemen's disability and FIRE 6,357
pension fund, from the date of such receipt to the date of such 6,359
deposit, or there is to the member's credit in the firemen's 6,361
FIREFIGHTERS' contribution fund an amount equal to the sums 6,362
contributed by the member to such police or firemen's relief and 6,363
pension fund or to the OHIO police and firemen's disability and 6,365
FIRE pension fund for the full time for which such active service 6,366
credit is claimed. A member may choose to purchase only part of 6,367
such credit in any one payment, subject to board rules. 6,368
Sec. 742.374. On and after December 31, 1971, all persons 6,377
who retired and were eligible to receive a pension that was 6,378
payable prior to July 1, 1968, pursuant to division (B) of 6,379
section 742.37 of the Revised Code, and all persons who qualified 6,380
for a payment under division (C)(1) of such section or division 6,382
(C)(2), (3), (4), or (5) of former section 742.37 of the Revised 6,383
Code prior to such date shall receive an additional monthly 6,384
payment of two dollars for each year between the member's 6,385
effective date of retirement or disability and December 31, 1971, 6,386
or an additional fifty dollars, whichever is less. 6,387
This section does not apply to persons included under 6,389
division (H)(2) of section 742.37 of the Revised Code. 6,390
On or before the first day of August in each year, the 6,392
board of trustees of the OHIO police and firemen's disability and 6,394
FIRE pension fund shall certify to the treasurer of state the 6,395
amount required to be paid in the preceding fiscal year under 6,396
this section. Upon receipt of such certification, the treasurer 6,397
142
of state shall pay to the fund the amount certified. 6,398
Sec. 742.375. A member of the fund who is in the active 6,407
service of a police or fire department and is not receiving a 6,408
pension or benefit payment from the OHIO police and firemen's 6,410
disability and FIRE pension fund shall, in computing years of 6,411
active service in such department under division (C) of section 6,413
742.37 or section 742.39 of the Revised Code, be given full 6,415
credit for the time served in the state highway patrol retirement 6,416
system, provided such member pays into the OHIO police and 6,417
firemen's disability and FIRE pension fund the amount received by 6,419
the member under section 5505.19 of the Revised Code, with 6,421
interest compounded annually thereon at a rate to be determined 6,422
by the board OF TRUSTEES OF THE OHIO POLICE AND FIRE PENSION FUND 6,423
from the date of such receipt to the date of such deposit. The 6,424
member may choose to purchase only part of such credit in any one 6,425
payment, subject to board rules.
Upon certification by the board of the police and firemen's 6,427
disability and pension fund to the board of the state highway 6,428
patrol retirement system of such payment by the member of the 6,429
fund, the state highway patrol retirement board shall pay from 6,430
the employer's accumulation fund under division (C) of section 6,431
5505.03 of the Revised Code to the OHIO police and firemen's 6,433
disability and FIRE pension fund an amount equal to the payment 6,434
of the member of the fund. 6,436
Sec. 742.376. A member of the fund who is in the active 6,445
service of a police or fire department and is not receiving a 6,446
pension or benefit payment from the OHIO police and firemen's 6,448
disability and FIRE pension fund shall, in computing years of 6,449
active service in such department under division (C) of section 6,451
742.37 or section 742.39 of the Revised Code, be given full 6,452
credit for service as a full-time police officer or firefighter, 6,455
provided that all of the following occur: 6,456
(A) Such service was rendered prior to January 1, 1967. 6,458
(B) The municipal corporation or township, at the time 6,460
143
such service was rendered, had not established a police or 6,461
firemen's relief and pension fund to which the member could 6,463
otherwise have made pension contributions. 6,464
(C) The member was enrolled in the public employees 6,466
retirement system, contributed thereto, and has withdrawn the 6,467
member's retirement contributions. 6,468
(D) The member pays into the OHIO police and firemen's 6,470
disability and FIRE pension fund the amount withdrawn by the 6,471
member from the public employees retirement system, with interest 6,473
compounded annually thereon at a rate to be determined by the 6,474
board from the date of such withdrawal to the date of deposit. 6,475
The member may choose to purchase only part of such credit in any 6,476
one payment, subject to board rules. 6,477
Purchase of such credit in the OHIO police and firemen's 6,479
disability and FIRE pension fund shall forever bar the member 6,480
from reinstating such credit in the public employees retirement 6,481
system. 6,482
Sec. 742.379. (A) As used in this section: 6,491
(1) "Full-time service" has the meaning established by 6,493
rule of the board of trustees of the OHIO police and firemen's 6,495
disability and FIRE pension fund. 6,496
(2) "Qualified contributions" means contributions to the 6,498
public employees retirement system, school employees retirement 6,499
system, or state teachers retirement system attributable to 6,500
full-time service or purchase of credit for service in the armed 6,501
forces of the United States. 6,502
(B) In computing the pension and benefits payable under 6,504
section 742.37 or 742.39 of the Revised Code, the OHIO police and 6,506
firemen's disability and FIRE pension fund shall give a member of 6,508
the fund who is in the active service of a police or fire 6,509
department and is not receiving a pension or benefit payment from 6,510
the fund full credit for service credit earned for full-time 6,511
service as a member of the Cincinnati retirement system or 6,512
purchased from the retirement system for service in the armed 6,514
144
forces of the United States if, for each year of service credit, 6,515
the fund receives the sum of the following: 6,516
(1) An amount, which shall be paid by the member, equal to 6,518
the amount withdrawn by the member from the retirement system 6,520
that is attributable to the year of service credit, with interest 6,521
on that amount from the date of withdrawal to the date of 6,523
payment;
(2) Interest, which shall be paid either by the member or 6,526
the retirement system, on the amount withdrawn by the member from 6,527
the retirement system that is attributable to the year of service
from the last day of the year for which the service credit was 6,529
earned or in which military service credit was purchased or 6,530
obtained to the date the withdrawal was made; 6,531
(3) An amount, which shall be paid by either the member or 6,534
the retirement system, equal to the lesser of the amount
contributed by the employer to the retirement system for the year 6,536
of service or the amount that would have been contributed by the 6,537
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 6,539
department, with interest on that amount from the last day of the 6,540
year for which the service credit was earned or in which military 6,541
service was purchased or obtained to the date the payment is 6,542
made;
(4) If the member became a member of the fund on or after 6,544
the effective date of this amendment SEPTEMBER 16, 1998, the 6,546
amount, which shall be paid by the member, determined pursuant to 6,547
division (I) of this section. 6,548
Interest shall be determined in accordance with division 6,550
(H) of this section. 6,551
(C) In computing the pension and benefits payable under 6,554
section 742.37 or 742.39 of the Revised Code, the fund shall give 6,555
a member of the fund who is in the active service of a police or 6,557
fire department, is not receiving a pension or benefit payment 6,558
from the fund, and has withdrawn the member's contributions from 6,559
145
the public employees retirement system, school employees 6,560
retirement system, or state teachers retirement system full 6,561
credit for service credit earned for full-time service as a 6,562
member of the public employees retirement system, school 6,563
employees retirement system, or state teachers retirement system 6,564
or purchased from one of those retirement systems for service in 6,565
the armed forces of the United States if, for each year of 6,566
service, the fund receives the sum of the following: 6,568
(1) An amount, which shall be paid by the member, equal to 6,571
the amount withdrawn by the member from the former retirement 6,573
system that is attributable to that year of service credit, with 6,575
interest on that amount from the date of withdrawal to the date 6,576
of payment;
(2) Interest, which shall be transferred by the former 6,579
retirement system, on the amount withdrawn by the member from the 6,580
retirement system that is attributable to the year of service
from the last day of the year for which the service credit was 6,581
earned or in which military service credit was purchased or 6,582
obtained to the date the withdrawal was made; 6,583
(3) An amount, which shall be transferred by the former 6,586
retirement system, equal to the lesser of the amount contributed 6,587
by the employer to the retirement system for the year of service 6,588
or the amount that would have been contributed by the employer 6,589
for the year of service had the member been employed by the 6,590
member's current employer as a member of a police or fire 6,591
department, with interest on the amount transferred from the last 6,592
day of the year for which the service credit was earned or in 6,593
which military service credit was purchased or obtained to the 6,595
date the transfer is made;
(4) If the member became a member of the fund on or after 6,598
the effective date of this amendment SEPTEMBER 16, 1998, the 6,600
amount, which shall be paid by the member, determined pursuant to 6,601
division (I) of this section.
On receipt of payment from the member, the fund shall 6,603
146
notify the former retirement system, and on receipt of the 6,604
notice, the retirement system shall make the transfer. Interest 6,605
shall be determined in accordance with division (H) of this 6,607
section.
(D) In computing the pension and benefits payable under 6,609
section 742.37 or 742.39 of the Revised Code, the fund shall give 6,611
a member of the fund who is in the active service of a police or 6,612
fire department, is not receiving a pension or benefit from the 6,613
fund, and has contributions on deposit with the public employees 6,614
retirement system, school employees retirement system, or state 6,615
teachers retirement system full credit for service credit earned 6,616
for full-time service as a member of one of those retirement 6,617
systems or purchased from one of the retirement systems for 6,618
service in the armed forces of the United States if both of the 6,620
following occur: 6,621
(1) The retirement system transfers to the fund, for each 6,624
year of service, the sum of the following: 6,625
(a) An amount equal to the member's qualified 6,628
contributions;
(b) An amount equal to the lesser of the employer's 6,631
qualified contributions to the retirement system or the amount 6,632
that would have been contributed by the employer for the 6,633
full-time service had the member been employed by the member's 6,634
current employer as a member of a police or fire department; 6,635
(c) Interest on the amounts specified in divisions 6,637
(D)(1)(a) and (b) of this section from the last day of the year 6,639
for which the service credit was earned or in which military 6,640
service credit was purchased or obtained to the date the transfer 6,641
is made. 6,642
(2) If the member became a member of the fund on or after 6,645
the effective date of this amendment SEPTEMBER 16, 1998, the 6,646
member pays the amount determined pursuant to division (I) of 6,648
this section.
On receipt of a request from the member, the appropriate 6,651
147
retirement system shall make the transfer specified in division 6,652
(D)(1) of this section. Interest shall be determined in 6,653
accordance with division (H) of this section. 6,654
(E) Subject to board rules, a member of the fund may 6,656
choose to purchase in any one payment only part of the credit the 6,657
member is eligible to purchase under division (B) or (C)(1) of 6,659
this section. 6,660
(F) At the request of the fund, the public employees 6,662
retirement system, school employees retirement system, state 6,663
teachers retirement system, or Cincinnati retirement system shall 6,664
certify to the fund a copy of the records of the service and 6,666
contributions of a member of the fund who seeks service credit 6,667
under this section. 6,668
(G) A member of the fund is ineligible to receive credit 6,671
under this section for service that is used in the calculation of 6,672
any retirement benefit currently being paid or payable in the 6,673
future to the member, or service rendered concurrently with any 6,674
other period for which service credit has already been granted. 6,675
(H) Interest charged under this section shall be 6,678
calculated separately for each year of service credit at the 6,679
lesser of the actuarial assumption rate for that year of the fund 6,680
or of the retirement system in which the credit was earned. The 6,681
interest shall be compounded annually. 6,682
The board may, by rule, establish procedures for the 6,684
receipt of service credit under this section. 6,685
(I) The amount to be paid pursuant to division (B)(4), 6,688
(C)(4), or (D)(2) of this section is the sum of the following: 6,689
(1) An amount equal to the difference between the amount 6,692
the member paid as employee contributions for the service and the 6,693
amount the member would have paid had the member been employed by 6,694
the member's current employer as a member of a police or fire 6,695
department;
(2) An amount equal to the difference between the amount 6,698
paid or transferred under division (B)(3), (C)(3), or (D)(1)(b) 6,699
148
of this section and the amount that would have been contributed 6,700
by the employer for the service had the member been employed by 6,701
the member's current employer as a member of a police or fire 6,703
department;
(3) Interest, determined in accordance with division (H) 6,706
of this section, on the amounts specified in divisions (I)(1) and 6,708
(2) of this section.
At the request of a member, in lieu of requiring payment of 6,711
all or part of the amount determined under this division the fund 6,712
may grant the member an amount of service credit under division 6,713
(B), (C), or (D) of this section that is less than the amount for 6,715
which the member is eligible. The service credit granted shall 6,716
be the same percentage of the service credit for which the member 6,717
is eligible that the amount the fund receives under division (B), 6,718
(C), or (D) of this section is of the total amount it would 6,720
receive under those divisions if the full amount determined under 6,721
this division was paid.
(J)(1) Except as provided in division (J)(2) of this 6,724
section and notwithstanding any contrary provision of this
section, the board shall, in computing a pension or benefit under 6,726
section 742.37 or 742.39 of the Revised Code, give a member of 6,727
the fund who is not receiving a pension or disability benefit 6,728
from the fund full credit for service credit purchased under this 6,729
section for service that was less than full-time service if the 6,730
member provides evidence satisfactory to the board that, after 6,731
receiving written notice from the fund indicating that the member 6,733
would be permitted to purchase service credit for service that
was less than full-time, the member changed or ceased the 6,734
member's employment with the understanding that the credit 6,735
identified in the notice would be used in computing a pension or 6,736
benefit. If the board has canceled service credit purchased 6,738
under this section for service that was less than full-time 6,739
service and the member meets the requirements of division (J)(1) 6,740
of this section, the board shall restore the service credit on 6,741
149
repayment to the fund of the amount refunded to the member at the 6,743
time of cancellation.
(2) If a member of the fund who is not receiving a pension 6,746
or disability benefit from the fund purchased credit under this 6,747
section for service that was less than full-time service and does 6,748
not meet the requirements of division (J)(1) of this section, the 6,749
board shall refund to the member any amounts paid to purchase the 6,751
credit, with interest at a rate determined by the board from the 6,752
date the member purchased the credit to the date of the refund. 6,753
(K) A member of the fund who has purchased service credit 6,755
under this section, or the member's estate, is entitled to a 6,756
refund of the amount or portion of the amount paid to purchase 6,757
the credit if the purchased credit or portion of credit does not 6,758
increase a pension or benefit payable under section 742.37 or 6,759
742.39 of the Revised Code. The refund cancels an equivalent 6,760
amount of service credit. 6,761
(L) If a member or former member of the fund who is not a 6,763
current contributor and has not received a refund of accumulated 6,765
contributions elects to receive credit under section 145.295, 6,766
3307.412, or 3309.351 of the Revised Code for service for which 6,768
the member contributed to the fund or purchased credit for
service in the armed forces of the United States, the fund shall 6,769
transfer to the public employees retirement system, school 6,771
employees retirement system, or state teachers retirement system 6,772
the amount specified in division (A) of section 145.295 of the 6,773
Revised Code, division (A) of section 3307.412 of the Revised 6,775
Code, or division (A) of section 3309.351 of the Revised Code. 6,776
(M) The board shall adopt rules establishing a payroll 6,779
deduction plan for the purchase of service credit under this 6,780
section. The rules shall meet the requirements described in
section 742.56 of the Revised Code. 6,782
Sec. 742.3711. (A) On application for retirement as 6,791
provided in section 742.37 of the Revised Code, a member of the 6,792
fund may elect to receive a retirement allowance payable 6,793
150
throughout the member's life, or may elect, on the application 6,795
for retirement, to receive the actuarial equivalent of the 6,796
member's retirement allowance in a lesser amount payable for life 6,798
and continuing after death to a surviving designated beneficiary 6,799
under one of the following optional plans, provided the amount 6,800
payable to the beneficiary shall not exceed the amount payable to 6,801
the retiring member of the fund, and is certified by the actuary 6,802
engaged by the board of trustees of the OHIO police and firemen's 6,804
disability and FIRE pension fund to be the actuarial equivalent 6,805
of the member's retirement allowance and is approved by the 6,807
board.
(1) Option 1. The member's lesser retirement allowance 6,809
shall be paid for life to the sole beneficiary designated at the 6,811
time of the member's retirement. 6,812
(2) Option 2. One-half or some other portion of the 6,814
member's lesser retirement allowance shall be paid for life to 6,816
the sole beneficiary designated at the time of the member's 6,818
retirement. 6,819
(3) Option 3. Upon the member's death before the 6,821
expiration of a certain period from the retirement date and 6,823
elected by the member and approved by the retirement board, the 6,825
member's lesser retirement allowance shall be continued for the 6,826
remainder of that period to the beneficiary the member has 6,828
nominated by written designation and filed with the retirement 6,830
board.
Should the nominated beneficiary designated in writing 6,832
become deceased prior to the expiration of the guarantee period, 6,833
then for the purpose of completing payment for the remainder of 6,834
the guarantee period, the present value of such payments shall be 6,835
paid to the estate of the beneficiary last receiving. 6,836
(B)(1) On or after February 28, 1980, the death of a 6,838
spouse nominated as beneficiary or the death of any other 6,839
nominated beneficiary following retirement shall cancel any 6,840
optional plan of payment to provide continuing lifetime benefits 6,841
151
to such nominated beneficiary and return the member of the fund 6,842
to the member's single lifetime benefit equivalent, as determined 6,844
by the board, to be effective the month following receipt by the 6,845
board of notice of the death. 6,846
(2) On divorce, annulment, or marriage dissolution, a 6,848
member receiving a retirement allowance under a plan that 6,849
provides for continuation of all or part of the allowance after 6,850
death for the lifetime of the member's surviving spouse may, with 6,852
the written consent of the spouse or pursuant to an order of the 6,853
court with jurisdiction over the termination of the marriage, 6,854
elect to cancel the plan and receive the member's single lifetime 6,856
benefit equivalent as determined by the retirement board. The 6,857
election shall be made on a form provided by the board and shall 6,858
be effective the month following its receipt by the board. 6,859
(C) Following marriage or remarriage, a member of the fund 6,861
may elect not later than one year after the date of marriage or 6,862
remarriage a new optional plan of payment based on the actuarial 6,863
equivalent of the member's single lifetime benefit as determined 6,865
by the board. The plan and the member's lesser retirement 6,866
allowance shall become effective on the date the election is made 6,867
on a form approved by the board. 6,868
(D)(1) Unless one of the following occurs, an application 6,870
for retirement by a married person shall be considered an 6,871
election of a benefit under option 2 as provided for in division 6,872
(A)(2) of this section under which one-half of the lesser 6,873
retirement allowance payable during the life of the retirant will 6,874
be paid after death to the retirant's spouse for life as sole 6,876
beneficiary:
(a) The retirant selects an optional plan under division 6,878
(A) of this section providing for payment after death to the 6,880
retirant's spouse for life as sole beneficiary of more than 6,881
one-half of the lesser retirement allowance payable during the 6,882
life of the retirant; 6,883
(b) The retirant submits to the retirement board a written 6,885
152
statement signed by the spouse attesting that the spouse consents 6,886
to the retirant's election to receive a single lifetime 6,888
retirement allowance or a payment under an optional benefit plan 6,889
under which after the death of the retirant the surviving spouse 6,890
will receive less than one-half of the lesser retirement 6,891
allowance payable during the life of the retirant. 6,892
(2) An application for retirement shall include an 6,895
explanation of all of the following: 6,896
(a) That, if the member is married, unless the spouse 6,899
consents to another plan of payment, the member's retirement 6,900
allowance will be paid under "option 2" and consist of the 6,901
actuarial equivalent of the member's retirement allowance in a 6,902
lesser amount payable for life and one-half of the lesser 6,903
allowance continuing after death to the surviving spouse for the
life of the spouse; 6,904
(b) A description of the alternative plans of payment 6,907
available with the consent of the spouse;
(c) That the spouse may consent to another plan of payment 6,910
and the procedure for giving consent;
(d) That consent is irrevocable once notice of consent is 6,912
filed with the board. 6,913
Consent shall be valid only if it is signed, in writing, 6,916
and witnessed by an employee of the board or a notary public. 6,917
(3) If the retirant does not select an optional plan as 6,919
described in division (D)(1)(a) of this section and the board 6,920
does not receive the written statement provided for in division 6,921
(D)(1)(b) of this section, it shall determine and pay the 6,923
retirement allowance in accordance with division (A)(2) of this 6,924
section, except that the board may provide by rule for waiver by 6,925
the board of the statement and payment of the allowance other 6,926
than in accordance with division (A)(2) of this section if the 6,927
retirant is unable to obtain the statement due to absence or 6,928
incapacity of the spouse or other cause specified by the board. 6,929
(E) A member of the fund who has elected an optional plan 6,931
153
under this section or section 742.3715 of the Revised Code may, 6,932
with the consent of the designated beneficiary, cancel the 6,933
optional plan and receive the retirement allowance payable 6,934
throughout life the member would have received had the member not 6,936
elected the optional plan, if the member makes a request to 6,937
cancel the optional plan not later than one year after the later 6,939
of September 9, 1988, or the date on which the member first 6,940
receives a payment under this section or section 742.3715 of the 6,941
Revised Code. Cancellation of the optional plan shall be 6,942
effective the month after acceptance of the request by the 6,943
trustees of the fund. No payment or adjustment shall be made in 6,944
the retirement allowance payable throughout the member's life to 6,945
compensate for the lesser allowance the member received under the 6,946
optional plan.
The request to cancel the optional plan shall be made on a 6,948
form provided by the fund and shall be valid only if the 6,949
completed form includes a signed statement of the designated 6,950
beneficiary's understanding of and consent to the cancellation. 6,951
The signature shall be verified by the trustees of the fund prior 6,952
to their acceptance of the cancellation. 6,953
(F) Any option elected and payments made under this 6,955
section shall be in addition to any benefit payable under 6,956
divisions (D), (E), and (F) of section 742.37 of the Revised 6,957
Code. 6,958
(G)(1) Except as otherwise provided in this division, a 6,960
person is eligible to receive an additional benefit under this 6,961
division if the person is receiving a retirement allowance or 6,962
benefit under an optional plan elected under this section or 6,964
section 742.3715 of the Revised Code based on an award made prior 6,965
to July 24, 1986, and it is the case that, had the member who 6,966
elected the optional plan elected instead to receive a retirement 6,967
allowance payable throughout the member's life, the amount of 6,968
that retirement allowance would be less than the amount specified 6,970
in division (G)(2) of this section. A person is not eligible to 6,971
154
receive an additional benefit under this section if the person is 6,972
receiving a pension or benefit in accordance with rules in force 6,974
on April 1, 1947, that govern the granting of pensions and 6,975
benefits and that provide an increase in the original pension or 6,976
benefit from time to time pursuant to changes in the salaries of 6,977
active members.
(2) In 1988, the amount used to determine eligibility 6,979
under division (G)(1) of this section shall be eighteen thousand 6,980
dollars. Each year thereafter, the amount shall be the prior 6,981
year's amount plus five hundred dollars. 6,982
(3) On or before the fifteenth day of April of each year, 6,984
the board shall determine the average percentage change in the 6,985
consumer price index prepared by the United States bureau of 6,986
labor statistics (U.S. city average for urban wage earners and 6,987
clerical workers: "all items 1982-84=100") for thetwelve-month 6,988
THE TWELVE-MONTH period prior to the first day of January over 6,990
the next preceding twelve-calendar-month period, as reported by 6,991
the bureau. On a determination by the board that this change is 6,992
an increase or that the change plus the accumulation described in 6,995
division (G)(3) of this section is an increase, the board shall 6,996
increase all benefits payable under this section or section 6,997
742.3715 of the Revised Code to eligible persons by the actuarial 6,998
equivalent of an amount determined by multiplying twelve thousand 7,000
dollars by the percentage of the increase in the consumer price 7,001
index, or that percentage plus the accumulation, except that the 7,002
percentage shall not exceed three per cent and no benefit shall
exceed the limit established by section 415 of the "Internal 7,003
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 7,004
amended. 7,005
Any percentage of change in the consumer price index in any 7,007
year that is in excess of three per cent shall be accumulated and 7,008
used to determine increases under this section in succeeding 7,010
years. Any percentage of change in the consumer price index 7,011
accumulated by an eligible person prior to September 27, 1996, 7,013
155
shall be used in determining any future increases under this 7,014
section. The first additional benefit is payable to all eligible 7,015
persons on July 1, 1988. The additional benefit is payable for 7,016
the ensuing twelve-month period or until the next increase is 7,017
granted under this section, whichever is later. 7,018
The date of the first additional benefit payable under this 7,020
section shall be the anniversary date for future additional 7,021
benefits. 7,022
Sec. 742.3712. (A) Effective July 1, 1981, each person 7,031
eligible to receive an age and service or disability pension, 7,032
allowance, or benefit pursuant to Chapter 742. of the Revised 7,033
Code that was based upon an award made effective before January 7,034
1, 1974, shall have his THE PERSON'S monthly pension increased by 7,036
five per cent, except that the twelve-month sum of such increase 7,037
shall not exceed five per cent of the first five thousand dollars 7,038
of the annual pension allowance or benefit. 7,039
A member of the OHIO police and firemen's disability and 7,042
FIRE pension fund or a survivor who is receiving a pension or 7,043
benefit in accordance with the rules in force on April 1, 1947, 7,044
governing the granting of pensions and benefits, which provide an 7,045
increase in the original pension or benefit from time to time 7,046
pursuant to changes in the salaries of active members, shall not 7,047
be eligible to receive the increase provided by this section. 7,048
(B) Effective July 1, 1981, each person eligible to 7,050
receive a survivor's benefit pursuant to Chapter 742. of the 7,051
Revised Code that was based upon an award made effective before 7,052
July 1, 1981, shall have his THE PERSON'S monthly benefit 7,053
increased by five per cent, except that the twelve-month sum of 7,055
such increases shall not exceed five per cent of the first five 7,056
thousand dollars of the annual benefit. 7,057
(C) The increases provided in divisions (A) and (B) of 7,059
this section shall be applied to the benefit payable on and after 7,060
July 1, 1981. 7,061
(D) The benefits provided in divisions (A) and (B) of this 7,063
156
section are a continuation of those first provided in Am. Sub. H. 7,065
B. 204 as passed by the 113th general assembly.
(E) On or before the first day of August 1, 1982, and on 7,067
or before the first day of August in each year thereafter, the 7,068
board of trustees of the OHIO police and firemen's disability and 7,070
FIRE pension fund shall certify to the treasurer of state the 7,071
amounts needed to pay the cost of the additional payments 7,072
required under this section for the preceding fiscal year. Upon 7,073
receipt of these certifications, the treasurer of state shall pay 7,074
the amount certified. 7,075
Sec. 742.3713. (A) On and after November 15, 1981, a 7,084
member of the OHIO police and firemen's disability and FIRE 7,087
pension fund who is receiving a pension or benefit effective 7,088
prior to February 28, 1980, under division (A), (B), or (C) of 7,089
section 742.37 or division (C)(2), (3), (4), or (5) of former 7,091
section 742.37 of the Revised Code shall have such pension or 7,092
benefit increased by forty-six dollars.
The following are not eligible to receive the increase 7,094
provided by this division: 7,095
(1) A member of the fund who is receiving a pension or 7,097
benefit in accordance with the rules in force on April 1, 1947, 7,098
governing the granting of pensions and benefits, which provide an 7,099
increase in the original pension or benefit from time to time 7,100
pursuant to changes in the salaries of active members; 7,101
(2) A member of the fund who is receiving a pension or 7,103
benefit under division (A), (B), or (C) of section 742.37 of the 7,104
Revised Code based on volunteer or part-time service. 7,105
(B) Each surviving spouse who on November 15, 1981, is 7,107
receiving a pension pursuant to division (D) of section 742.37 of 7,109
the Revised Code as it was in effect prior to such date shall 7,111
have the monthly pension increased forty-six dollars.
Sec. 742.3714. As used in this section, "contingent 7,120
dependent beneficiary" means a person so designated pursuant to 7,121
this section by a member or former member of the OHIO police and 7,123
157
firemen's disability and FIRE pension fund. 7,124
Prior to retiring under section 742.37 of the Revised Code, 7,126
a member or former member of the fund who is, or within twelve 7,127
months will be, eligible to retire and receive a pension or 7,128
benefit under division (C)(1) or (3) of section 742.37 of the 7,130
Revised Code may designate one dependent, not the member's or 7,131
former member's spouse, as the contingent dependent beneficiary. 7,133
The determination of what constitutes a dependent for the 7,134
purposes of this section shall be made by the board of trustees 7,135
of the fund in accordance with rules adopted pursuant to this 7,136
section. The designation shall be made on a form provided by the 7,137
board and shall be filed with the board. The designation may be 7,138
changed or withdrawn in accordance with rules adopted by the 7,139
board pursuant to this section. The designation shall be used 7,140
only for the purposes of this section and shall cease to have 7,141
effect if the member or former member retires under section 7,142
742.37 of the Revised Code, or dies prior to retirement and is 7,143
survived by a spouse. The board shall annually inform members 7,144
and eligible former members of the fund of the right to designate 7,145
a contingent dependent beneficiary under this section. 7,146
In addition to any other pension, allowance, or benefit 7,148
payable under this chapter, the surviving spouse of a deceased 7,149
member or former member of the fund who at the time of the 7,150
member's or former member's death was eligible to retire and 7,151
receive a pension or benefit under division (C)(1) or (3) of 7,153
section 742.37 of the Revised Code, but had not retired, shall 7,155
receive an annual retirement allowance under this section, 7,156
payable in twelve monthly installments. If on the date of death 7,157
of the member or former member there is no surviving spouse, the 7,158
allowance shall be paid to the contingent dependent beneficiary. 7,159
If on such date there is no surviving spouse and no person 7,160
designated as a contingent dependent beneficiary who is 7,161
determined by the board of trustees to be a dependent of the 7,162
member or former member, no allowance or benefit shall be paid 7,163
158
under this section.
The allowance paid under this section shall be an amount 7,165
equal to the amount the surviving spouse or contingent dependent 7,166
beneficiary would have been entitled to receive had the member or 7,167
former member retired effective the day following the date of 7,168
death having selected an option 2 plan under division (A)(2) of 7,169
section 742.3711 of the Revised Code providing for one-half of 7,170
the member's or former member's lesser retirement allowance to be 7,172
paid to the surviving spouse or contingent dependent beneficiary. 7,173
Payments under this section are payable effective the first day 7,174
of the first month following the death of the member or former 7,175
member of the fund.
Sec. 742.3715. (A) A member of the OHIO police and 7,184
firemen's disability and FIRE pension fund who retired under 7,186
section 742.37 of the Revised Code before February 28, 1980, may 7,188
elect to receive the actuarial equivalent of the member's 7,189
retirement allowance in a lesser amount payable for the remainder 7,191
of the member's life and continuing after death to the member's 7,192
spouse under one of the optional plans described under division 7,194
(A)(1) or (2) of section 742.3711 of the Revised Code, provided 7,195
the amount payable under the optional plan elected is certified 7,196
by the actuary engaged by the board of trustees of the OHIO 7,197
police and firemen's disability and FIRE pension fund to be the 7,198
actuarial equivalent of the member's retirement allowance and is 7,200
approved by the board. The election shall be made as follows: 7,201
(1) Not later than ninety days after September 26, 1984, 7,203
the member shall file with the board a notice that the member 7,205
wishes to be eligible to make the election authorized by this 7,206
section. The board shall advise the member with respect to the 7,207
choices available under the optional plans and have a 7,208
determination made of the monthly benefits payable under the 7,209
optional plan elected by the member for inclusion in the 7,210
statement to be filed under division (A)(2) of this section. 7,211
(2) Not later than one year after September 26, 1984, the 7,213
159
member shall file a statement, on a form provided by the board, 7,214
that the member elects to receive benefits under the optional 7,215
benefit plan specified in the statement. 7,216
A request or form that is mailed to the board shall be 7,218
considered to have been filed on its postmark date. 7,219
(B) A member of the fund who retired under section 742.37 7,221
of the Revised Code prior to September 16, 1998, was married at 7,225
the time of retirement, and did not elect one of the optional 7,226
plans under section 742.3711 of the Revised Code may elect to 7,228
receive the actuarial equivalent of the member's retirement 7,229
allowance in a lesser amount payable for the remainder of the 7,230
member's life and continuing after death to the member's spouse 7,231
under one of the optional plans described in division (A)(1) or 7,233
(2) of section 742.3711 of the Revised Code, provided the amount 7,235
payable under the optional plan elected is certified by the 7,236
actuary engaged by the board to be the actuarial equivalent of 7,237
the member's retirement allowance and is approved by the board. 7,239
Not later than thirty days after the effective date of this 7,242
amendment DECEMBER 21, 1998, the board shall provide to all 7,243
members described in this division written notice of the election 7,244
available under this division. The notice shall state that a 7,245
member's failure to elect an optional plan under this division 7,246
will result in the member's spouse, at the time of the member's 7,247
death, being eligible only for a benefit under division (D) of 7,249
section 742.37 of the Revised Code. 7,251
The election shall be made as follows: 7,253
(1) Not later than one hundred twenty days after the 7,255
effective date of this amendment DECEMBER 21, 1998, the member 7,257
shall file with the board a notice that the member wishes to make 7,258
the election authorized by this section. The board shall advise 7,259
the member with respect to the choices available under the 7,260
optional plans and have a determination made of the monthly 7,261
benefits payable under the optional plan elected by the member 7,262
for inclusion in the statement to be filed under division (B)(2) 7,264
160
of this section.
(2) Not later than one year after the effective date of 7,266
this amendment DECEMBER 21, 1998, the member shall file a 7,268
statement, on a form provided by the board, that the member 7,269
elects to receive benefits under the optional plan specified in 7,270
the statement. A request or form that is mailed to the board 7,271
shall be considered to have been filed on its postmark date. 7,272
Benefits under the optional plan shall begin on the first day of 7,273
the first month following the date the statement is filed with 7,274
the board.
(C)(1) The death of the member's spouse shall cancel any 7,276
plan elected pursuant to this section and return the member to 7,277
the member's single lifetime benefit equivalent, as determined by 7,279
the board, to be effective the month following receipt by the 7,280
board of notice of the death. 7,281
(2) On divorce, annulment, or marriage dissolution, a 7,283
member receiving a retirement allowance under a plan that 7,284
provides for continuation of all or part of the allowance after 7,285
death for the lifetime of the member's surviving spouse may, with 7,287
the written consent of the spouse or pursuant to an order of the 7,288
court with jurisdiction over the termination of the marriage, 7,289
elect to cancel the plan and receive the member's single lifetime 7,291
benefit equivalent as determined by the retirement board. The 7,292
election shall be made on a form provided by the board and shall 7,293
be effective the month following its receipt by the board. 7,294
(D) If the member remarries after cancellation under 7,296
division (C)(1) or (2) of this section of an optional plan, the 7,298
member may elect not later than one year after the date of 7,299
remarriage a new optional plan based on the actuarial equivalent 7,301
of the member's single lifetime benefit as determined by the 7,302
board. The plan and the member's lesser retirement allowance 7,304
shall become effective on the date the election is made on a form 7,305
approved by the board. 7,306
(E) Any option elected and payments made under this 7,308
161
section shall be in addition to any benefit payable under 7,309
division (D) of section 742.37 of the Revised Code. 7,310
Sec. 742.3716. (A) As used in this section: 7,319
(1) "Eligible person" means a person who meets all of the 7,321
following conditions: 7,322
(a) Has been receiving a pension or benefit under this 7,324
chapter for one year or more based on an award made on or after 7,325
July 24, 1986; 7,326
(b) Has not made the election provided for in division (B) 7,328
of this section; 7,329
(c) Is not the spouse or survivor of a person who has made 7,331
the election provided for in division (B) of this section; 7,332
(d) Is receiving a benefit in accordance with division 7,334
(A), (B), or (C) of section 742.37, division (C)(2), (3), (4), or 7,336
(5) of former section 742.37, section 742.3711, or section 742.39 7,337
of the Revised Code. 7,338
(2) "Recalculated average annual salary" means the highest 7,340
average annual compensation of a member of the OHIO police and 7,341
firemen's disability and FIRE pension fund during any three years 7,343
of contributions, including amounts included in terminal pay 7,344
attributable to such three years, determined by dividing the 7,345
member's total earnings as an employee during such years by 7,346
three. 7,347
(B)(1) Notwithstanding section 742.37 or 742.39 of the 7,349
Revised Code, a member of the fund who is not receiving a pension 7,351
or benefit under this chapter and who on January 1, 1989, has 7,352
completed fifteen or more years of active service in a police or 7,353
fire department may elect to have any future benefit or pension 7,354
paid to the member or the member's spouse or survivors under this 7,356
chapter calculated on the basis of the member's recalculated 7,357
average annual salary rather than the member's average annual 7,359
salary. The election shall be made by the member prior to or at 7,361
the time of making an election under section 742.3711 of the 7,362
Revised Code.
162
(2) If the member eligible to make the election under 7,364
division (B)(1) of this section dies prior to making the election 7,365
and at the time of death is eligible to retire and receive a 7,366
pension or benefit under division (C)(1) or (3) of section 742.37 7,368
of the Revised Code, the person entitled to receive a benefit 7,369
under section 742.3714 of the Revised Code may make the election 7,370
provided for in division (B)(1) of this section. 7,371
(3) The election under division (B)(1) or (2) of this 7,373
section shall be made on forms provided by the trustees of the 7,374
fund. Once received by the fund, the election shall be 7,375
irrevocable and shall bind the member and any other person who 7,376
receives a pension or benefit based on the member's service. No 7,377
person who receives a pension or benefit calculated in accordance 7,378
with division (B) of this section is eligible to receive a 7,379
cost-of-living allowance under this section. If the person 7,380
making the election receives a benefit under section 742.3714 of 7,381
the Revised Code, that person is not eligible to receive a 7,382
cost-of-living allowance under section 742.3711 of the Revised 7,383
Code. 7,384
(C)(1) On or before the fifteenth DAY of April of each 7,386
year, the board of trustees of the OHIO police and firemen's 7,387
disability and FIRE pension fund shall determine the average 7,389
percentage change in the consumer price index prepared by the 7,390
United States bureau of labor statistics (U.S. City Average for 7,391
Urban Wage Earners and Clerical Workers: "All Items 7,392
1982-84=100") for thetwelve-month THE TWELVE-MONTH period prior 7,394
to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a 7,395
determination by the board that such change is an increase or 7,397
that the change plus the accumulation described in division 7,398
(C)(2) of this section is an increase, the board shall increase 7,399
all benefits payable to eligible persons by a percentage equal to 7,400
the percentage increase in the consumer price index or to that 7,401
increase plus the accumulation, except that the increase shall 7,402
163
not exceed three per cent and no benefit shall exceed the limit 7,404
established by section 415 of the "Internal Revenue Code of 7,405
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 7,406
(2) Any percentage of change in the consumer price index 7,408
in any year that is in excess of three per cent shall be 7,410
accumulated and used to determine increases under this section in 7,412
succeeding years. Any percentage of change in the consumer 7,413
price index accumulated by an eligible person prior to September 7,415
27, 1996, shall be used in determining any future increases under 7,416
this section. The first additional benefit is payable to all 7,417
eligible persons who on July 1, 1988, have been receiving a 7,418
pension or benefit for twelve months or longer. The additional 7,419
benefit is payable for the ensuing twelve-month period or until 7,420
the next increase is granted under this section, whichever is 7,421
later.
The date of the first additional benefit paid under this 7,423
section shall be the anniversary date for future additional 7,424
benefits. The pension or benefit used in the first calculation 7,425
of an additional benefit under this section shall remain as the 7,426
base for all future additional benefits paid under this section, 7,427
unless a new base is established by law. 7,428
(3) Additional benefits paid in years subsequent to the 7,430
year of the first additional benefit paid under this section 7,431
shall be paid to all eligible persons who, on the date that the 7,432
additional benefit is authorized by the board, have been 7,433
receiving a pension or benefit for twelve months. 7,434
Sec. 742.3717. (A)(1) Except as provided in division 7,444
(A)(2) of this section, as used in this section, "eligible 7,445
retirant" means a person who meets all of the following 7,446
conditions:
(a) The person is receiving an annual pension or benefit 7,448
under division (A), (B), or (C) of section 742.37 or division 7,450
(C)(2), (3), (4), or (5) of former section 742.37, of the Revised 7,451
Code based on an award made prior to July 24, 1986. 7,452
164
(b) The person has not elected under section 742.3711 of 7,454
the Revised Code to receive a retirement allowance under an 7,455
optional benefit plan. 7,456
(c) The amount of the annual pension or benefit is less 7,458
than the amount specified in division (B) of this section. 7,459
(2) A person is not an eligible retirant if the person is 7,461
receiving a pension or benefit in accordance with rules in force 7,462
on April 1, 1947, that govern the granting of pensions and 7,463
benefits and that provide an increase in the original pension or 7,464
benefit from time to time pursuant to changes in the salaries of 7,465
active members. 7,466
(B) In 1988, the amount used to determine eligibility 7,468
under division (A)(1)(c) of this section shall be eighteen 7,469
thousand dollars. Each year thereafter, the amount shall be the 7,470
prior year's amount plus five hundred dollars. 7,471
(C)(1) On or before the fifteenth day of April of each 7,473
year, the board of trustees of the OHIO police and firemen's 7,474
disability and FIRE pension fund shall determine the average 7,476
percentage change in the consumer price index prepared by the 7,477
United States bureau of labor statistics (U.S. city average for 7,478
urban wage earners and clerical workers: "all items 7,479
1982-84=100") for thetwelve-month THE TWELVE-MONTH period prior 7,481
to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a 7,482
determination by the board that this change is an increase or 7,485
that the change plus the accumulation described in division 7,486
(C)(2) of this section is an increase, the board shall increase 7,487
all benefits payable to eligible persons by an amount determined 7,489
by multiplying twelve thousand dollars by the percentage of the 7,490
increase in the consumer price index, or that percentage plus the 7,491
accumulation, except that the percentage shall not exceed three 7,492
per cent and no benefit shall exceed the limit established by 7,493
section 415 of the "Internal Revenue Code of 1986," 100 Stat. 7,494
2085, 26 U.S.C.A. 415, as amended.
165
(2) Any percentage of change in the consumer price index 7,496
in any year that is in excess of three per cent shall be 7,497
accumulated and used to determine increases under this section in 7,499
succeeding years. Any percentage of change in the consumer 7,500
price index accumulated by an eligible person prior to September 7,502
27, 1996, shall be used in determining any future increases under 7,503
this section. The first additional benefit is payable to all 7,504
eligible retirants on July 1, 1988. The additional benefit is 7,505
payable for the ensuing twelve-month period or until the next 7,506
increase is granted under this section, whichever is later. 7,507
The date of the first additional benefit payable under this 7,509
section shall be the anniversary date for future additional 7,510
benefits. 7,511
Sec. 742.3718. (A) Except as otherwise provided in this 7,520
division, each person who on September 9, 1988, is receiving a 7,522
pension or benefit of less than five thousand dollars annually 7,524
under division (A) or (B) of section 742.37 of the Revised Code 7,525
on the basis of disability or service of twenty-five years or 7,526
more, under division (C)(1) of that section, or under division 7,527
(C)(2) or (5) of former section 742.37 of the Revised Code shall 7,528
have the pension or benefit increased to five thousand dollars a 7,530
year, effective July 1, 1988. This division does not apply to 7,531
any person receiving a pension or benefit based on funded 7,532
volunteer or funded part-time service.
(B) On and after July 1, 1988: 7,534
(1) The pension of each person receiving a pension or 7,536
benefit under division (D) of section 742.37 of the Revised Code 7,537
shall be increased to four hundred ten dollars a month. 7,538
(2) The pension of each person receiving a pension or 7,540
benefit under division (E) of section 742.37 of the Revised Code 7,541
shall be increased to one hundred eighteen dollars a month. 7,542
(C) Notwithstanding any average annual salary limitation 7,545
in section 742.37 of the Revised Code, each person who on July 1, 7,548
1999, is receiving an annual pension or benefit described in 7,549
166
division (A), (B), or (C)(1) or (3) of that section of less than 7,552
six thousand six hundred dollars shall have the pension increased 7,553
to that amount, effective July 1, 1999. The increase granted 7,555
under this division shall be included in a person's base for the 7,557
purpose of determining future increases under section 742.3716 of 7,558
the Revised Code. 7,559
(D)(1) This division applies to the following persons who 7,561
are receiving a pension under division (D) of section 742.37 of 7,563
the Revised Code: 7,565
(a) On the effective date of this amendment JULY 1, 1999, 7,568
the person is the surviving spouse of a deceased member of the 7,570
fund and is not receiving a benefit under division (B) or (D) of 7,571
section 742.63 of the Revised Code.
(b) No later than one year after the effective date of 7,573
this amendment JULY 1, 1999, the person is the surviving spouse 7,576
of a deceased member of the fund who was retired under section
742.37 of the Revised Code with an effective date of retirement 7,577
before September 16, 1998. 7,578
(2) The monthly pension of each person described in 7,580
division (D)(1) of this section shall be increased as follows: 7,582
(a) For the period beginning July 1, 1999, and ending June 7,586
30, 2000, to five hundred fifty dollars; 7,587
(b) For the period beginning July 1, 2000, and the first 7,590
day of July of each year thereafter and continuing for the 7,592
following twelve months, to an amount equal to the monthly amount 7,593
paid during the prior twelve-month period plus an amount 7,594
determined by multiplying five hundred fifty dollars by the 7,596
average percentage change in the consumer price index, not 7,597
exceeding three per cent, as determined each year by the board of 7,598
trustees of the OHIO police and firemen's disability and FIRE 7,600
pension fund under section 742.3716 of the Revised Code. 7,603
(3) If a person who is receiving a pension under division 7,605
(D) of section 742.37 of the Revised Code and a benefit under 7,608
division (B) or (D) of section 742.63 of the Revised Code ceases 7,612
167
to be eligible for a benefit under division (B) or (D) of section 7,614
742.63 of the Revised Code, the person's monthly pension shall be 7,617
increased, effective the first day of the first month following 7,618
the date on which the person ceases to be eligible for the 7,619
benefit, to the amount it would be under division (D)(2) of this 7,620
section had the person never been eligible for a benefit under 7,621
division (B) or (D) of section 742.63 of the Revised Code. 7,623
(E) The monthly pension of each person receiving a pension 7,626
under division (E) of section 742.37 of the Revised Code shall be 7,628
increased to one hundred fifty dollars effective July 1, 1999. 7,629
(F) Effective July 1, 1999, the monthly pension of each 7,632
person receiving a pension under division (F) of section 742.37 7,633
of the Revised Code shall be increased as follows: 7,636
(1) If there are two dependent parents, to one hundred 7,638
dollars;
(2) If there is one dependent parent, to two hundred 7,640
dollars.
Sec. 742.3719. Whenever the limits established by section 7,649
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 7,650
U.S.C.A. 415, as amended, are raised, the BOARD OF trustees of 7,651
the OHIO police and firemen's disability and FIRE pension fund 7,653
shall increase the amount of the pension, benefit, or allowance 7,654
of any person whose pension, benefit, or allowance payable under 7,655
section 742.37, 742.3716, 742.3717, or 742.39 of the Revised Code 7,657
was limited by the application of section 415. The amount of the 7,658
increased pension, benefit, or allowance shall not exceed the 7,659
lesser of the amount the person would have received if the limits 7,660
established by section 415 had not been applied or the amount the 7,661
person is eligible to receive subject to the new limits 7,662
established by section 415. 7,663
Sec. 742.38. (A)(1) The board of trustees of the OHIO 7,673
police and firemen's disability and FIRE pension fund shall adopt 7,675
rules establishing minimum medical testing and diagnostic 7,676
standards or procedures to be incorporated into physical 7,677
168
examinations administered by physicians to prospective members of 7,680
the fund. The standards or procedures shall include diagnosis
and evaluation of the existence of any heart disease, 7,681
cardiovascular disease, or respiratory disease. The rules shall 7,683
specify the form of the physician's report and the information to 7,684
be included in it.
The board shall notify all employers of the establishment 7,686
of the minimum standards or procedures and shall include with the 7,687
notice a copy of the standards or procedures. The board shall 7,689
notify all employers of any changes made to the standards or
procedures. Once the standards or procedures take effect, 7,691
employers shall cause each prospective member of the fund to 7,692
submit to a physical examination that incorporates the standards 7,693
or procedures.
(2) Division (A)(2) of this section applies to an employee 7,696
who becomes a member of the fund on or after the date the minimum 7,697
standards or procedures described in division (A)(1) of this 7,699
section take effect. Not later than thirty days after such an
employee becomes a member of the fund, the employer shall forward 7,701
to the board a copy of the physician's report of a physical 7,702
examination that incorporates the standards or procedures 7,703
described in division (A)(1) of this section. If an employer 7,705
fails to forward the report, the board shall assess against the 7,706
employer a fine of one hundred dollars per day, beginning with 7,707
the first day after the date the report is due and ending on the 7,708
last day prior to the date the report is received by the board. 7,709
Any amount due from an employer under division (A)(2) of this 7,710
section may be collected from the county auditor in the same 7,711
manner as is provided in section 742.35 of the Revised Code. 7,713
(B) Application for a disability benefit may be made by a 7,715
member of the fund or, if the member is incapacitated as defined 7,716
in rules adopted by the board, by a person acting on the member's 7,717
behalf. Not later than fourteen days after receiving an 7,719
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 7,721
employer that an application has been filed. The notice shall 7,722
state the member's position or rank. Not later than twenty-eight 7,723
days after receiving the notice or filing an application on 7,724
behalf of a member, the employer shall forward to the board a 7,725
statement certifying the member's job description and any other 7,726
information required by the board to process the application. 7,727
If the member applying for a disability benefit becomes a 7,730
member of the fund prior to the date the minimum standards or 7,731
procedures described in division (A)(1) of this section take 7,732
effect, the board may request from the member's employer a copy 7,733
of the physician's report of the member's physical examination 7,734
taken on entry into the police or fire department. Not later 7,735
than twenty-eight days after receiving a request from the board, 7,736
the employer shall forward a copy of the report or, if the 7,737
employer does not have a copy of the report, a written statement 7,738
certifying that the employer does not have a copy of the report. 7,739
If an employer fails to forward the report or statement, the 7,740
board shall assess against the employer a fine of one hundred 7,741
dollars per day, beginning with the first day after the date the 7,742
report or statement is due and ending on the last day prior to 7,743
the date the report or statement is received by the board. Any 7,744
amount due from an employer under this division may be collected 7,746
from the county auditor in the same manner as is provided in 7,747
section 742.35 of the Revised Code. The board shall maintain the 7,748
information submitted under this division and division (A)(2) of 7,749
this section in the member's file. 7,750
(C) For purposes of determining under division (D) of this 7,753
section whether a member of the fund is disabled, the board shall 7,755
adopt rules establishing objective criteria under which the board 7,756
shall make the determination. The rules shall include standards 7,757
that provide for all of the following: 7,758
(1) Evaluating a member's illness or injury on which an 7,761
application for disability benefits is based;
170
(2) Defining the occupational duties of a police officer 7,763
or firefighter; 7,764
(3) Providing for the board to assign competent and 7,767
disinterested physicians and vocational evaluators to conduct 7,768
examinations of a member; 7,769
(4) Requiring a written report for each disability 7,772
application that includes a summary of findings, medical 7,773
opinions, including an opinion on whether the illness or injury 7,774
upon which the member's application for disability benefits is 7,775
based was caused or induced by the actual performance of the 7,776
member's official duties, and any recommendations or comments 7,777
based on the medical opinions; 7,778
(5) Providing for the board to consider the member's 7,780
potential for retraining or reemployment. 7,781
(D) This division does not apply to members of the fund 7,784
who have elected to receive benefits and pensions in accordance 7,785
with division (A) or (B) of section 742.37 of the Revised Code or 7,786
from a police relief and pension fund or a firemen's relief and 7,787
pension fund in accordance with the rules of that fund in force 7,788
on April 1, 1947. 7,789
(1) As used in division (D)(1) of this section: 7,791
(a) "Totally disabled" means a member of the fund is 7,794
unable to perform the duties of any gainful occupation for which 7,795
the member is reasonably fitted by training, experience, and 7,796
accomplishments. Absolute helplessness is not a prerequisite of 7,797
being totally disabled. 7,798
(b) "Permanently disabled" means a condition of disability 7,801
from which there is no present indication of recovery. 7,802
A member of the fund who is permanently and totally 7,804
disabled as the result of the performance of the member's 7,805
official duties as a member of a police or fire department shall 7,806
be paid annual disability benefits in accordance with division 7,807
(A) of section 742.39 of the Revised Code. In determining 7,808
whether a member of the fund is permanently and totally disabled, 7,809
171
the board shall consider standards adopted under division (C) of 7,810
this section applicable to the determination. 7,811
(2) A member of the fund who is partially disabled as the 7,813
result of the performance of the member's official duties as a 7,814
member of a police or fire department shall, if the disability 7,815
prevents the member from performing those duties and impairs the 7,816
member's earning capacity, receive annual disability benefits in 7,818
accordance with division (B) of section 742.39 of the Revised 7,819
Code. In determining whether a member of the fund is partially 7,821
disabled, the board shall consider standards adopted under
division (C) of this section applicable to the determination. 7,822
(3) A member of the fund who is disabled as a result of 7,824
heart disease or any cardiovascular or respiratory disease of a 7,826
chronic nature, which disease or any evidence of which disease 7,827
was not revealed by the physical examination passed by the member 7,829
on entry into the department, is presumed to have incurred the 7,830
disease while performing the member's official duties, unless the 7,831
contrary is shown by competent evidence. 7,832
(4) A member of the fund who has completed five or more 7,834
years of active service in a police or fire department and has 7,835
incurred a disability not caused or induced by the actual 7,836
performance of the member's official duties as a member of the 7,837
department, or by the member's own negligence, shall if the 7,838
disability prevents the member from performing those duties and 7,839
impairs the member's earning capacity, receive annual disability 7,841
benefits in accordance with division (C) of section 742.39 of the 7,842
Revised Code. In determining whether a member of the fund is 7,844
disabled., the board shall consider standards adopted under 7,845
division (C) of this section applicable to the determination. 7,847
(5) The board shall notify a member of its final action 7,849
awarding a disability benefit to the member within thirty days of 7,851
the final action. The notice shall be sent by certified mail, 7,852
return receipt requested. Not later than ninety days after 7,853
receipt of notice from the board, the member shall elect, on a 7,854
172
form provided by the board, either to accept or waive the
disability benefit award. If the member elects to waive the 7,855
disability benefit award or fails to make an election within the 7,856
time period, the award is rescinded. A member who later seeks a 7,857
disability benefit award shall be required to make a new 7,858
application, which shall be dealt with in accordance with the 7,859
procedures used for original disability benefit applications. 7,861
A person is not eligible to apply for or receive disability 7,864
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 7,866
the Revised Code unless the person is a member of the fund on the 7,867
date on which the application for disability benefits is 7,868
submitted to the fund.
With the exception of persons who may make application for 7,870
increased benefits as provided in division (2) or (4) of this 7,872
section or division (C)(3) or (5) of former section 742.37 of the 7,873
Revised Code on or after July 24, 1986, or persons who may make 7,875
application for benefits as provided in section 742.26 of the 7,876
Revised Code, no person receiving a pension or benefit under this 7,877
section or division (C) of former section 742.37 of the Revised 7,878
Code may apply for any new, changed, or different benefit. 7,880
Sec. 742.381. Not later than March 1, 2000, and each first 7,890
day of March for the succeeding five years, the board of trustees 7,891
of the OHIO police and firemen's disability and FIRE pension fund 7,893
shall make and submit a report for the preceding fiscal year of 7,894
the disability retirement experience of each employer. The 7,895
report shall specify the total number of disability applications 7,896
submitted, the status of each application as of the last day of 7,897
the fiscal year, total applications granted or denied, and the 7,898
percentage of disability benefit recipients to the total number 7,899
of the employer's employees who are members of the fund. The 7,900
report shall be submitted to the governor, the Ohio retirement 7,902
study council, and the chairpersons of the standing committees 7,903
and subcommittees of the senate and house of representatives with 7,904
173
primary responsibility for retirement legislation. 7,905
Sec. 742.39. (A) A member of the OHIO police and 7,915
firemen's disability and FIRE pension fund determined to be 7,917
eligible for a disability benefit under division (D)(1) of 7,918
section 742.38 of the Revised Code shall be paid annual 7,919
disability benefits, payable in twelve monthly installments, in 7,921
an amount equal to seventy-two per cent of the member's average 7,922
annual salary.
(B) A member of the fund determined to be eligible for a 7,925
disability benefit under division (D)(2) of section 742.38 of the 7,927
Revised Code shall be paid annual disability benefits, payable in 7,928
twelve monthly installments. If the member has fewer than 7,929
twenty-five years of active service in a police or fire 7,930
department, the benefit shall be in an amount fixed by the board 7,931
of trustees of the OHIO police and firemen's disability and FIRE 7,932
pension fund. The board may increase or decrease the benefit 7,934
whenever the board determines that the impairment of the member's 7,935
earning capacity warrants an increase or decrease based on the 7,936
standards adopted under division (C) of section 742.38 of the 7,938
Revised Code applicable to the determination, but in no event 7,939
shall the benefit exceed sixty per cent of the member's average 7,940
annual salary. 7,941
A member who has completed twenty-five or more years of 7,943
active service in the department shall receive annual disability 7,944
benefits, payable in twelve monthly installments, in an amount 7,945
equal to a percentage of the member's average annual salary. The 7,947
percentage shall be the sum of two and one-half per cent for each 7,948
of the first twenty years the member was in the active service of 7,949
the department, plus two per cent for each of the twenty-first to 7,950
twenty-fifth years the member was in the active service of the 7,951
department, plus one and one-half per cent for each year in 7,952
excess of twenty-five years the member was in the active service 7,953
of the department. The annual disability benefit shall not 7,954
exceed seventy-two per cent of the member's average annual 7,955
174
salary.
(C) A member of the fund determined to be eligible for a 7,958
disability benefit under division (D)(4) of section 742.38 of the 7,959
Revised Code shall be paid annual disability benefits, payable in 7,961
twelve monthly installments, in an amount to be fixed by the 7,962
board. The board may increase or decrease the benefits whenever 7,963
the board determines that the impairment of the member's earning 7,964
capacity warrants an increase or decrease based on the standards 7,965
adopted under division (C) of section 742.38 of the Revised Code 7,967
applicable to the determination, but in no event shall a benefit 7,968
paid to the member exceed sixty per cent of the member's average 7,971
annual salary.
(D) Each of the following persons who on July 1, 1999, is 7,974
receiving annual benefits of less than six thousand six hundred 7,975
dollars shall have the benefits increased to that amount 7,976
effective July 1, 1999: 7,977
(1) A person receiving annual benefits described in 7,979
division (A) of this section; 7,980
(2) A person receiving annual benefits described in 7,982
division (C) of this section based on an award made prior to 7,983
September 16, 1998. 7,984
(E) Benefits payable under this section continue until 7,987
death unless adjusted under division (D)(5) of section 742.38 of 7,988
the Revised Code or adjusted or terminated under division (C)(3) 7,990
of section 742.40 of the Revised Code. 7,991
Sec. 742.40. (A) As used in this section, "disability 8,001
benefit recipient" means a member of the OHIO police and 8,002
firemen's disability and FIRE pension fund who is receiving a 8,004
disability benefit pursuant to division (C)(2), (3), (4), or (5) 8,005
of former section 742.37 of the Revised Code or pursuant to 8,006
section 742.38 of the Revised Code. 8,007
(B) The board of trustees of the OHIO police and firemen's 8,009
disability and FIRE pension fund shall adopt rules requiring a 8,011
disability benefit recipient, as a condition of continuing to 8,012
175
receive a disability benefit, to agree in writing to obtain any 8,013
medical treatment recommended by the board's physician or 8,014
physicians and submit medical reports regarding the treatment. 8,015
If the board determines that a disability benefit recipient is 8,016
not obtaining the medical treatment or the board does not receive 8,017
a required medical report, the disability benefit shall be 8,019
suspended until the treatment is obtained, the report is received 8,020
by the board, or the board's physician certifies that the 8,021
treatment is no longer helpful or advisable. Should the 8,022
recipient's failure to obtain treatment or submit a medical 8,023
report continue for one year, the recipient's right to the 8,025
disability benefit shall be terminated as of the effective date 8,026
of the original suspension.
(C)(1) A disability benefit recipient shall be considered 8,029
on leave of absence from the recipient's position of employment 8,030
as a member of a police or fire department during the first five 8,031
years following the effective date of the recipient's disability 8,032
benefit, notwithstanding any contrary provisions of this chapter. 8,033
(2)(a) The board shall require a disability benefit 8,035
recipient who has been a member of the fund for less than 8,036
twenty-five years and has not attained age forty-eight to undergo 8,038
an annual medical examination, except that the board may waive
the medical examination if the board's physician or physicians 8,039
certify that the recipient's disability is ongoing. 8,040
(b) The board may require a disability benefit recipient 8,042
not described in division (C)(2)(a) of this section to undergo a 8,044
medical examination at any time it considers necessary. 8,046
(c) If a disability benefit recipient refuses to submit to 8,049
a medical examination, the recipient's disability benefit shall 8,050
be suspended until the recipient withdraws the refusal. If the 8,051
refusal continues for one year, the recipient's rights under and
to the disability benefit are terminated as of the effective date 8,052
of the original suspension. 8,053
(3) The board shall designate one or more physicians to 8,055
176
conduct an examination required under this division. After 8,056
completing the examination, the physician shall determine and 8,057
certify to the board whether the disability benefit recipient 8,058
continues to meet the disability standard set forth in division 8,059
(D)(1), (2), or (4) of section 742.38 of the Revised Code or 8,061
division (C)(2), (3), or (5) of former section 742.37 of the 8,062
Revised Code on which the recipient was originally determined to 8,063
be disabled. If the physician's determination is that the 8,064
recipient no longer meets the standard and the board concurs in 8,065
the physician's determination, or the recipient becomes employed 8,066
as a police officer or firefighter, the disability benefit shall 8,067
be terminated the earlier of ninety days after the date of the 8,068
board's concurrence or on the date the recipient returns to 8,069
employment as a police officer or firefighter, except that if the 8,070
recipient was receiving a benefit pursuant to division (D)(1) of 8,071
section 742.38 of the Revised Code or division (C)(2) of former 8,072
section 742.37 of the Revised Code, the board shall reevaluate 8,074
the recipient's disability under division (D)(2) of section 8,075
742.38 of the Revised Code and award a benefit under that 8,076
division if the recipient qualifies for it. A recipient may 8,077
appeal the board's concurrence in the physician's determination. 8,078
The board shall adopt rules establishing procedures for the 8,079
appeal. If the leave of absence provided under division (C)(1) 8,080
of this section has not expired when a disability benefit is 8,081
terminated under this division, the board shall certify to the 8,082
recipient's last employer before being found disabled that the 8,083
recipient is no longer incapable of resuming service. At the 8,084
recipient's request, the employer shall restore the recipient to 8,085
the previous position and salary or to a position and salary 8,086
similar to it, with all previous rights, including civil service 8,087
status. The employer is not required to restore the recipient to 8,089
employment if the recipient was dismissed or resigned in lieu of 8,090
dismissal for dishonesty, misfeasance, malfeasance, or conviction 8,091
of a felony. 8,092
177
(D) Each disability benefit recipient shall file with the 8,095
board an annual statement of earnings and any other information 8,097
required in rules adopted by the board. The board may waive the 8,099
requirement that a disability benefit recipient file the annual 8,100
statement of earnings if the board's physician certifies that the 8,101
recipient's disability is ongoing.
The board shall annually examine the information submitted 8,104
by the recipient. If a disability benefit recipient refuses to 8,105
file the statement or information, the disability benefit shall 8,107
be suspended until the statement and information are filed. If 8,108
the refusal continues for one year, the recipient's right to the 8,109
disability benefit shall be terminated as of the effective date 8,110
of the original suspension. 8,111
Sec. 742.41. (A) As used in this section: 8,124
(1) "Other system retirant" has the same meaning as in 8,126
section 742.26 of the Revised Code. 8,127
(2) "Personal history record" includes a member's, former 8,129
member's, or other system retirant's name, address, phone 8,130
TELEPHONE number, social security number, record of 8,132
contributions, correspondence with the OHIO police and firemen's 8,133
disability and FIRE pension fund, status of any application for 8,135
benefits, and any other information deemed confidential by the 8,136
trustees of the fund.
(B) The treasurer of state shall furnish annually to the 8,138
board of trustees of the fund a sworn statement of the amount of 8,139
the funds in the treasurer of state's custody belonging to the 8,141
OHIO police and firemen's disability and FIRE pension fund. The 8,143
records of the board shall be open for public inspection except 8,144
for the following, which shall be excluded, except with the 8,145
written authorization of the individual concerned: 8,146
(1) The individual's personal history record; 8,148
(2) Any information identifying, by name and address, the 8,150
amount of a monthly allowance or benefit paid to the individual. 8,151
(C) All medical reports and recommendations required are 8,153
178
privileged, except that copies of such medical reports or 8,154
recommendations shall be made available to the personal 8,155
physician, attorney, or authorized agent of the individual 8,156
concerned upon written release received from the individual or 8,158
the individual's agent or, when necessary for the proper 8,159
administration of the fund, to the board-assigned physician. 8,160
(D) Any person who is a member of the fund or an other 8,162
system retirant shall be furnished with a statement of the amount 8,163
to the credit of the person's individual account upon the 8,165
person's written request. The board need not answer more than 8,166
one such request of a person in any one year. 8,167
(E) Notwithstanding the exceptions to public inspection in 8,169
division (B) of this section, the board may furnish the following 8,170
information: 8,171
(1) If a member, former member, or other system retirant 8,173
is subject to an order issued under section 2907.15 of the 8,174
Revised Code or is convicted of or pleads guilty to a violation 8,175
of section 2921.41 of the Revised Code, on written request of a 8,176
prosecutor as defined in section 2935.01 of the Revised Code, the 8,177
board shall furnish to the prosecutor the information requested 8,178
from the individual's personal history record. 8,179
(2) Pursuant to a court order issued under section 3113.21 8,181
of the Revised Code, the board shall furnish to a court or child 8,182
support enforcement agency the information required under that 8,183
section. 8,184
(3) At the request of any organization or association of 8,186
members of the fund, the board of trustees of the fund shall 8,187
provide a list of the names and addresses of members of the fund 8,188
and other system retirants. The board shall comply with the 8,189
request of such organization or association at least once a year 8,190
and may impose a reasonable charge for the list. 8,191
(4) Within fourteen days after receiving from the director 8,193
of human services a list of the names and social security numbers 8,194
of recipients of public assistance pursuant to section 5101.181 8,195
179
of the Revised Code, the board shall inform the auditor of state 8,196
of the name, current or most recent employer address, and social 8,197
security number of each member or other system retirant whose 8,198
name and social security number are the same as that of a person 8,199
whose name or social security number was submitted by the 8,200
director. The board and its employees shall, except for purposes 8,201
of furnishing the auditor of state with information required by 8,202
this section, preserve the confidentiality of recipients of 8,203
public assistance in compliance with division (A) of section 8,204
5101.181 of the Revised Code. 8,205
(F) A statement that contains information obtained from 8,207
the board's records that is signed by the secretary of the board 8,208
of trustees of the OHIO police and firemen's disability and FIRE 8,210
pension fund and to which the board's official seal is affixed, 8,211
or copies of the board's records to which the signature and seal 8,212
are attached, shall be received as true copies of the board's 8,213
records in any court or before any officer of this state. 8,214
Sec. 742.42. The board of trustees of the OHIO police and 8,223
firemen's disability and FIRE pension fund shall provide for the 8,226
maintenance of an individual account with each member of the fund 8,227
and other system retirant showing the amount of his THE MEMBER'S 8,228
OR RETIRANT'S contributions.
Sec. 742.43. Except as provided in sections 742.01 to 8,237
742.49, inclusive, 742.61 of the Revised Code, no trustee and no 8,239
employee of the board of trustees of the OHIO police and 8,240
firemen's disability and FIRE pension fund shall have any 8,243
interest, direct or indirect, in the gains or profits of any 8,244
investment made by the board nor as such, directly or indirectly, 8,245
receive any pay or annual emolument for his THE TRUSTEE'S OR 8,246
EMPLOYEE'S services. No trustee or employee of said board shall, 8,247
directly or indirectly, for himself SELF or as an agent or 8,248
partner of others, borrow any funds or deposits over which the 8,250
board has jurisdiction or use the same except to make such 8,251
current and necessary payments as are authorized by the board;
180
nor shall any member or employee of the said board become an 8,252
endorser or surety or become in any manner an obligor for money 8,253
loaned by or borrowed from the board. 8,254
Sec. 742.44. The board of trustees of the OHIO police and 8,263
firemen's disability and FIRE pension fund shall estimate 8,266
annually the amount required to pay its expenses for the ensuing 8,267
year, and shall fix the amount which shall be transferred from
the guarantee fund to the expense fund. 8,268
Sec. 742.45. (A) The board of trustees of the OHIO police 8,277
and firemen's disability and FIRE pension fund may enter into an 8,280
agreement with insurance companies, health insuring corporations, 8,282
or government agencies authorized to do business in the state for 8,284
issuance of a policy or contract of health, medical, hospital, or 8,285
surgical benefits, or any combination thereof, for those 8,286
individuals receiving service or disability pensions or survivor 8,288
benefits subscribing to the plan. Notwithstanding any other 8,289
provision of this chapter, the policy or contract may also 8,290
include coverage for any eligible individual's spouse and 8,291
dependent children and for any of the eligible individual's 8,293
sponsored dependents as the board considers appropriate. 8,294
If all or any portion of the policy or contract premium is 8,296
to be paid by any individual receiving a service, disability, or 8,298
survivor pension or benefit, the individual shall, by written 8,300
authorization, instruct the board to deduct from the individual's 8,302
benefit the premium agreed to be paid by the individual to the 8,303
company, corporation, or agency. 8,305
The board may contract for coverage on the basis of part or 8,308
all of the cost of the coverage to be paid from appropriate funds 8,309
of the OHIO police and firemen's disability and FIRE pension 8,310
fund. The cost paid from the funds of the OHIO police and 8,312
firemen's disability and FIRE pension fund shall be included in 8,314
the employer's contribution rates provided by sections 742.33 and 8,315
742.34 of the Revised Code. 8,316
The board may provide for self-insurance of risk or level 8,318
181
of risk as set forth in the contract with the companies, 8,319
corporations, or agencies, and may provide through the 8,320
self-insurance method specific benefits as authorized by the 8,321
rules of the board. 8,322
(B) If the board provides health, medical, hospital, or 8,324
surgical benefits through any means other than a health insuring 8,326
corporation, it shall offer to each individual eligible for the 8,328
benefits the alternative of receiving benefits through enrollment 8,330
in a health insuring corporation, if all of the following apply: 8,332
(1) The health insuring corporation provides health care 8,335
services in the geographical area in which the individual lives; 8,337
(2) The eligible individual was receiving health care 8,339
benefits through a health or a health insuring corporation before 8,342
retirement;
(3) The rate and coverage provided by the health insuring 8,345
corporation to eligible individuals is comparable to that 8,348
currently provided by the board under division (A) of this
section. If the rate or coverage provided by the health insuring 8,350
corporation is not comparable to that currently provided by the 8,352
board under division (A) of this section, the board may deduct 8,353
the additional cost from the eligible individual's monthly 8,354
benefit.
The health insuring corporation shall accept as an enrollee 8,358
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 8,360
from one plan to another at least once a year at a time 8,362
determined by the board. 8,363
(C) The board shall, beginning the month following receipt 8,365
of satisfactory evidence of the payment for coverage, pay monthly 8,366
to each recipient of service, disability, or survivor benefits 8,368
under the OHIO police and firemen's disability and FIRE pension 8,370
fund who is eligible for medical insurance coverage under part B 8,371
of "The Social Security Amendments of 1965," 79 Stat. 301, 42 8,372
U.S.C.A. 1395j, as amended, an amount equal to the basic premiums 8,373
182
for such coverage.
(D) The board shall establish by rule requirements for the 8,375
coordination of any coverage, payment, or benefit provided under 8,376
this section with any similar coverage, payment, or benefit made 8,377
available to the same individual by the public employees 8,379
retirement system, state teachers retirement system, school
employees retirement system, or state highway patrol retirement 8,380
system.
(E) The board shall make all other necessary rules 8,382
pursuant to the purpose and intent of this section. 8,383
Sec. 742.46. The granting of a benefit or pension to any 8,392
person under sections 742.01 to 742.49, inclusive, 742.61 of the 8,393
Revised Code, vests a right in such person to obtain and receive 8,395
the amount of such benefit or pension granted to him THE PERSON 8,396
subject to sections 742.01 to 742.49, inclusive, 742.61 of the 8,398
Revised Code.
Such right may be enforced by an action in mandamus 8,400
instituted in the court of common pleas in the county in which 8,401
the person granted such benefit or pension resides. 8,402
Sec. 742.461. (A) Notwithstanding any other provision of 8,411
this chapter, any payment that is to be made under a pension or 8,412
other type of benefit, other than a survivorship benefit, that 8,413
has been granted to a person under this chapter, any payment of 8,414
accumulated contributions standing to a person's credit under 8,415
this chapter, and any payment of any other amounts to be paid to 8,416
a person under this chapter upon the person's withdrawal of 8,417
contributions pursuant to this chapter shall be subject to any 8,418
withholding order issued pursuant to section 2907.15 of the 8,419
Revised Code or division (C)(2)(b) of section 2921.41 of the 8,421
Revised Code, and the board of trustees of the OHIO police and 8,422
firemen's disability and FIRE pension fund shall comply with that 8,424
withholding order in making the payment.
(B) Notwithstanding any other provision of this chapter, 8,426
if the board receives notice pursuant to section 2907.15 of the 8,427
183
Revised Code or division (D) of section 2921.41 of the Revised 8,430
Code that a person who has accumulated contributions standing to 8,431
the person's credit pursuant to this chapter is charged with a 8,432
violation of section 2907.02, 2907.03, 2907.04, 2907.05, or 8,434
2921.41 of the Revised Code, no payment of those accumulated 8,435
contributions or of any other amounts to be paid under this 8,436
chapter upon the person's withdrawal of contributions pursuant to 8,437
this chapter shall be made prior to whichever of the following is 8,438
applicable:
(1) If the person is convicted of or pleads guilty to the 8,440
charge and no motion for a withholding order for purposes of 8,441
restitution has been filed under section 2907.15 of the Revised 8,442
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised 8,445
Code, thirty days after the day on which final disposition of the 8,446
charge is made;
(2) If the person is convicted of or pleads guilty to the 8,448
charge and a motion for a withholding order for purposes of 8,449
restitution has been filed under section 2907.15 of the Revised 8,450
Code or division (C)(2)(b)(i) of section 2921.41 of the Revised 8,452
Code, the day on which the court decides the motion; 8,453
(3) If the charge is dismissed or the person is found not 8,455
guilty or not guilty by reason of insanity of the charge, the day 8,456
on which final disposition of the charge is made. 8,457
Sec. 742.47. Except as provided in sections 742.461, 8,466
3111.23, and 3113.21 of the Revised Code, sums of money due or to 8,467
become due to any person from the OHIO police and firemen's 8,468
disability and FIRE pension fund are not liable to attachment, 8,470
garnishment, levy, or seizure under any legal or equitable 8,471
process, whether such sums remain with the treasurer of the fund 8,472
or any officer or agent of the board of trustees of the fund, or 8,473
is in the course of transmission to the person entitled thereto, 8,474
but shall inure wholly to the benefit of such person.
Sec. 742.48. Any person who is receiving, or becomes 8,483
eligible to receive, a pension, or other benefit, or any increase 8,484
184
under Chapter 742. of the Revised Code, may, at any time, waive 8,485
his THE PERSON'S rights thereto, or to a portion thereof, by 8,486
filing a written notice of waiver with the board of trustees of 8,487
the OHIO police and firemen's disability and FIRE pension fund. 8,489
Such waiver shall remain in effect until the first day of the 8,491
month following his THE PERSON'S death, or the PERSON'S filing of 8,492
his A written cancellation of such waiver with the board of 8,493
trustees of the police and firemen's disability and pension fund. 8,495
Any amount so waived shall forever be forfeited. 8,497
Sec. 742.50. As used in this section, "member's 8,506
contribution" means the total amount deducted from the salary of 8,507
a member of the OHIO police and firemen's disability and FIRE 8,509
pension fund and credited to the member's account in the fund. 8,511
If a member of the fund dies before receiving pension and 8,513
benefit payments from the fund in an amount equal to the member's 8,515
contribution and leaves no surviving spouse, surviving children, 8,517
or dependent parent eligible for monthly pension payments under
section 742.37 of the Revised Code, the board of trustees of the 8,518
OHIO police and firemen's disability and FIRE pension fund shall 8,520
pay to the estate of such deceased member an amount equal to the 8,522
member's contribution, less the total amount received by such 8,524
member as benefit or pension payments from such fund. 8,525
If a member who dies before receiving pension and benefit 8,528
payments from the fund in an amount equal to the member's 8,529
contribution leaves one or more survivors eligible for monthly 8,530
pension payments under section 742.37 of the Revised Code but the 8,531
total amount paid all survivors under that section is less than 8,532
the member's contribution, the fund shall pay to the survivors or 8,533
their estates, in equal shares, an amount equal to the member's 8,534
contribution, less the total amount received by the member and 8,535
all survivors as benefit or pension payments from the fund. 8,537
Sec. 742.51. Any person serving as a full-time regular 8,546
member of a township fire department, or a municipal fire or 8,547
police department who was serving in that capacity on December 8,548
185
31, 1966, and was a member of the public employees retirement 8,549
system on that date and who has continued to serve in the same 8,550
capacity and has continued as a member of the public employees 8,551
retirement system until filing his AN election after November 20, 8,553
1973, may elect prior to January 1, 1985, to transfer from the 8,554
public employees retirement system to the OHIO police and 8,555
firemen's disability and FIRE pension fund. When such an 8,557
election is made, the public employees retirement system shall 8,559
certify to the OHIO police and firemen's disability and FIRE 8,561
pension fund a copy of the records of the service and 8,563
contributions of such member and shall transfer to the OHIO 8,564
police and firemen's disability and FIRE pension fund all 8,566
contributions to the credit of the member as a member of a police 8,567
or fire department, and an amount equal to the total employer 8,568
contribution paid on service as a member of a police or fire 8,569
department, at the respective rates in effect during his THE
MEMBER'S employment. 8,571
The OHIO police and firemen's disability and FIRE pension 8,575
fund shall obtain from its actuary a certification of the accrued 8,577
liability for the member being transferred, less the amounts 8,578
transferred from the public employees retirement system, and such 8,579
unfunded accrued liability shall be charged to the municipal 8,580
corporation or township in which the member is employed and paid 8,581
in full or paid by the employer at the rate of at least five per 8,582
cent per annum with interest at four per cent per annum on unpaid 8,583
balances; payment and interest to be paid semiannually on dates 8,584
to be fixed by the board of trustees of the OHIO police and 8,585
firemen's disability and FIRE pension fund. The OHIO police and 8,588
firemen's disability and FIRE pension fund may require any 8,590
affected municipal corporation or township to certify the period 8,592
of full-time service and salary of any member requesting 8,593
transfer. A member transferred in accordance with this section 8,594
shall be given service credit by the OHIO police and firemen's 8,595
disability and FIRE pension fund equal to the period of full-time 8,598
186
service on which both member and employer made contributions to 8,599
the public employees retirement system, which contributions were 8,600
transferred to the OHIO police and firemen's disability and FIRE 8,602
pension fund.
Sec. 742.511. In computing years of active service under 8,611
division (C) of section 742.37 or section 742.39 of the Revised 8,613
Code for a full-time regular police officer who, prior to 8,615
December 1, 1983, was appointed to the police department of a 8,616
newly incorporated municipal corporation, whether pursuant to 8,618
section 124.41 of the Revised Code or otherwise, directly from a 8,619
police department of the township from which such municipal 8,620
corporation was incorporated, such members shall be given full 8,621
credit for service as a full-time township police officer and as 8,622
a full-time police officer in the municipal corporation after the 8,624
date of incorporation and for which contributions were made to 8,625
the public employees retirement system, if, within thirty days 8,626
after December 1, 1983, the member makes a written request to the 8,628
public employees retirement system to withdraw accumulated 8,629
contributions attributable to such service from the public 8,630
employees retirement system and, thirty days after receiving such 8,631
contributions, the member pays into the OHIO police and firemen's 8,632
disability and FIRE pension fund the amount withdrawn from the 8,634
public employees retirement system for the period of service 8,635
being obtained.
When such an election is made, the public employees 8,637
retirement system shall certify to the OHIO police and firemen's 8,639
disability and FIRE pension fund a copy of the records of the 8,640
service and contributions of the member and shall transfer to the 8,642
OHIO police and firemen's disability and FIRE pension fund an 8,645
amount equal to the total employer contributions paid on service 8,646
as a full-time township police officer and on service as a 8,647
full-time municipal police officer at the rates in effect during 8,648
such employment, as set forth in section 145.01 of the Revised 8,649
Code.
187
Sec. 742.512. In computing years of active service under 8,658
division (C) of section 742.37 or section 742.39 of the Revised 8,660
Code for a full-time regular police officer who, on or after 8,661
December 1, 1983, but prior to June 14, 1988, was appointed 8,663
pursuant to section 124.41 or 124.411 of the Revised Code to a 8,665
police department of a newly incorporated municipal corporation 8,666
directly from a police department of the township from which the 8,667
municipal corporation was incorporated, full credit for service 8,668
as a full-time township police officer shall be given if, within 8,669
thirty days after such appointment, the member made a written 8,670
request to the public employees retirement system to withdraw 8,671
accumulated contributions attributable to such service from the 8,672
public employees retirement system and, within thirty days after 8,673
receiving such contributions, the member paid into the OHIO 8,674
police and firemen's disability and FIRE pension fund the amount 8,676
withdrawn from the public employees retirement system for the 8,677
period of service being obtained. 8,678
When such an election is made, the public employees 8,680
retirement system shall certify to the OHIO police and firemen's 8,682
disability and FIRE pension fund a copy of the records of the 8,683
service and contributions of the member and shall transfer to the 8,684
OHIO police and firemen's disability and FIRE pension fund an 8,686
amount equal to the total employer contributions paid on service 8,688
as a full-time township police officer at the rates in effect 8,689
during such employment, as set forth in section 145.01 of the 8,690
Revised Code.
Sec. 742.513. A member of the public employees retirement 8,699
system who is a full-time regular police officer may elect to 8,700
transfer from the public employees retirement system to the OHIO 8,702
police and firemen's disability and FIRE pension fund if he THE 8,704
MEMBER has become a member of a municipal police department as a 8,705
result of the merger under sections 709.43 to 709.48 of the 8,706
Revised Code of the municipal corporation with a township that 8,707
employed the police officer or has, on or after December 1, 1983, 8,708
188
been appointed pursuant to section 124.41 or 124.411 of the 8,709
Revised Code to a police department of a newly incorporated 8,710
municipal corporation directly from a police department of the 8,711
township from which the municipal corporation was incorporated. 8,712
The election shall be made by the police officer by giving notice 8,713
to the OHIO police and firemen's disability and FIRE pension 8,715
fund. Any such election shall occur not later than sixty days 8,717
after the effective date of the merger or of the member's initial 8,718
appointment following the incorporation or not later than sixty 8,719
days after the effective date of this section JUNE 14, 1988, 8,720
whichever occurs later. When such an election is made, the OHIO 8,722
police and firemen's disability and FIRE pension fund shall 8,724
notify the public employees retirement system, which shall 8,725
certify to the fund a copy of the records of the service and 8,726
contributions of the police officer and shall transfer to the
fund all contributions to the credit of the police officer that 8,727
are based on full-time service, excluding any contributions made 8,728
by the member's employer. 8,729
A member transferred to the OHIO police and firemen's 8,731
disability and FIRE pension fund under this section shall be 8,733
given service credit by the fund equal to the period of full-time 8,735
service on which the contributions transferred under this section 8,736
were based.
Sec. 742.514. (A) As used in this section, "park police 8,745
officer" means a park police officer appointed or employed 8,746
pursuant to the Cincinnati municipal code. 8,747
(B) With approval of the Cincinnati retirement system, a 8,749
member of the retirement system who is a full-time regular member 8,750
of the Cincinnati police department and, prior to being 8,751
reclassified as a member of the police department, served as a 8,752
full-time park police officer may elect to transfer to the OHIO 8,754
police and firemen's disability and FIRE pension fund by giving 8,755
notice to the Cincinnati retirement system not later than 8,757
December 31, 1990. The notice shall be on a form provided by the 8,758
189
Cincinnati retirement system and shall include a statement signed 8,759
by the member authorizing the retirement system, if it approves 8,760
the transfer, to transfer to the OHIO police and firemen's 8,761
disability and FIRE pension fund the total employee contributions 8,763
to the credit of the member as a full-time regular member of the 8,764
Cincinnati police department and as a park police officer. 8,765
If the retirement system approves the transfer, it shall 8,767
certify to the OHIO police and firemen's disability and FIRE 8,769
pension fund a copy of the records of service and contributions 8,770
to the credit of the member as a member of the Cincinnati police 8,771
department and as a park police officer. On receipt of the 8,772
records, the fund shall obtain from its actuary a certification 8,773
of the accrued liability to the fund resulting from the transfer. 8,774
(C) The OHIO police and firemen's disability and FIRE 8,777
pension fund shall accept the transfer of a member under this 8,778
section if both of the following occur: 8,779
(1) The Cincinnati retirement system transfers to the fund 8,781
all of the following: 8,782
(a) The total employee contributions to the credit of the 8,784
member as a full-time regular member of the Cincinnati police 8,785
department and as a park police officer; 8,786
(b) The total employer contributions paid on the member's 8,788
service as a full-time regular member of the Cincinnati police 8,789
department and as a park police officer, plus compound interest; 8,790
(c) Any amount paid by the member or the employer to the 8,792
retirement system for the purchase of service credit, including 8,793
credit for military service and any other credit the member or 8,794
employer was eligible to purchase for the benefit of the member. 8,795
(2) The city of Cincinnati agrees to pay to the fund the 8,797
difference, if any, between the amounts transferred under 8,798
division (C)(1) of this section and the amount certified as the 8,799
accrued liability to the fund resulting from the transfer of the 8,800
member. 8,801
The city may pay the amount it agrees to pay under division 8,803
190
(C)(2) of this section in full at the time the member is 8,804
transferred or at the rate of at least five per cent of the 8,805
balance per year, plus interest on unpaid balances with payments 8,806
and interest paid in semiannual payments on dates to be fixed by 8,807
the trustees of the fund. 8,808
(D) If the total of the amounts transferred from the 8,810
Cincinnati retirement system and paid by the city of Cincinnati 8,811
under division (C) of this section exceeds the amount certified 8,812
as the accrued liability to the OHIO police and firemen's 8,813
disability and FIRE pension fund resulting from the transfer of 8,815
the member, the amount of the excess shall be paid to the 8,817
retirement system.
(E) A member transferred pursuant to this section shall be 8,819
given full credit by the OHIO police and firemen's disability and 8,821
FIRE pension fund for his THE MEMBER'S service as a full-time 8,822
regular police officer of the city of Cincinnati and as a park 8,824
police officer and for any service credit purchased by him THE 8,825
MEMBER, or by his THE MEMBER'S employer on his THE MEMBER'S 8,826
behalf, from the Cincinnati retirement system. 8,827
(F) Interest charged under this section shall be charged 8,829
at the rate that is the OHIO police and firemen's disability and 8,831
FIRE pension fund's actuarial interest assumption rate on the 8,832
effective date of this section JULY 13, 1990. 8,833
Sec. 742.515. (A) As used in this section, "fire 8,842
department employer" means a fire department that employs a 8,843
firefighter. 8,844
(B) A full-time firefighter who, on November 8, 1990, is a 8,847
member of the public employees retirement system, in the employ 8,848
of a fire department employer, and in a position in which the 8,849
firefighter is required to satisfactorily complete or have 8,851
satisfactorily completed a firefighter training course approved 8,852
under former section 3303.07 or section 4765.55 or conducted 8,854
under section 3737.33 of the Revised Code may, by giving notice 8,855
to the OHIO police and firemen's disability and FIRE pension fund 8,857
191
within ninety days of November 8, 1990, elect to transfer to the 8,859
fund.
When a firefighter makes such an election, the OHIO police 8,861
and firemen's disability and FIRE pension fund shall notify the 8,863
public employees retirement system. All of the firefighter's 8,865
credit as a full-time firefighter shall be transferred to the 8,866
OHIO police and firemen's disability and FIRE pension fund. The 8,867
public employees retirement system shall certify to the OHIO 8,869
police and firemen's disability and FIRE pension fund a copy of 8,871
the firefighter's records of service and contributions and for 8,873
each year or portion of a year of credit to be transferred shall 8,874
transfer to the OHIO police and firemen's disability and FIRE 8,876
pension fund all of the following:
(1) All contributions to the credit of the firefighter as 8,879
a full-time firefighter;
(2) An amount equal to the total employer contributions 8,881
paid on service as a full-time firefighter at the rates in effect 8,883
during that year; 8,884
(3) Any amount paid by the member or the employer to the 8,886
retirement system for the purchase of service credit for 8,887
full-time service, including credit for military service and any 8,888
other credit the member or employer was eligible to purchase for 8,889
the benefit of the member. 8,890
(C) The fire department employer by which a firefighter is 8,893
employed at the time of a transfer made pursuant to division (B)
of this section shall, at the request of the OHIO police and 8,894
firemen's disability and FIRE pension fund, certify to the fund 8,896
the firefighter's salary as a firefighter. 8,898
(D) In computing years of active service under division 8,900
(C) of section 742.37 or section 742.39 of the Revised Code, a 8,901
member transferred pursuant to this section shall be given full 8,902
credit by the OHIO police and firemen's disability and FIRE 8,903
pension fund for the firefighter's service as a full-time 8,906
firefighter and for any service credit for full-time service 8,908
192
purchased by the firefighter, or by the firefighter's employer on 8,909
the firefighter's behalf, from the public employees retirement 8,910
system.
Sec. 742.516. (A) Not later than ninety days after the 8,920
effective date of this section SEPTEMBER 16, 1998, a member of 8,922
the OHIO police and firemen's disability and FIRE pension fund 8,923
who became a member of the fund as a result of the member's 8,924
employer changing from a fire department consisting primarily of 8,925
part-time employees to a fire department consisting primarily of 8,926
full-time employees or who elected to transfer to the fund from 8,927
the public employees retirement system under section 742.515 of 8,928
the Revised Code may elect to transfer to the public employees 8,930
retirement system in accordance with this section. An election 8,931
shall be made by giving notice to the fund on a form provided by 8,932
the board of trustees of the fund and shall be irrevocable. 8,933
(B) When a member makes the election described in this 8,936
section, the fund shall notify the system. The fund shall 8,937
transfer all of the member's service credit to the system and 8,938
shall certify to the system a copy of the member's records of 8,939
service and contributions. The fund shall transfer to the system 8,940
all of the following: 8,941
(1) Any amount transferred from the system to the fund 8,943
pursuant to the election made under section 742.515 of the 8,944
Revised Code; 8,945
(2) An amount equal to the member's contributions to the 8,947
fund; 8,948
(3) An amount equal to the total employer contributions 8,950
paid on behalf of the member; 8,951
(4) Any amount paid by the member or employer to the fund 8,953
for the purchase of service credit. 8,954
At the request of the system, the employer of a member who 8,956
makes an election under this section shall certify to the system 8,958
the member's salary.
(C) The system shall give the member full credit for all 8,960
193
service as a member of the fund. If the system has on deposit 8,961
contributions made by, or on behalf of, a member of the fund who 8,962
makes an election in accordance with this section, the system 8,963
shall credit the contributions in accordance with Chapter 145. of 8,964
the Revised Code.
(D) A member of the fund who fails to make an election in 8,967
accordance with this section shall remain a member of the fund. 8,968
Sec. 742.52. (A) A member of the OHIO police and 8,977
firemen's disability and FIRE pension fund who is not receiving a 8,979
disability benefit or pension from the fund may purchase service 8,980
credit, which shall be used in computing the member's years of 8,981
service, for each year of service incurred by reason of having 8,983
been on active duty, active duty for training, initial active 8,984
duty for training, inactive duty training, full-time national 8,985
guard duty, and a period for which a member is absent from a 8,986
position of employment for the purpose of an examination to 8,987
determine the fitness of the member to perform a duty, as a 8,989
member of the armed forces of the United States if the member is 8,990
honorably discharged. Credits which are not authorized under 8,991
former sections 742.18, 742.19, 742.20, and 742.21 or section 8,992
742.521 of the Revised Code may be purchased at any time. The 8,995
number of years purchased under this division shall not exceed 8,996
five.
(B) For the purposes of this division, "prisoner of war" 8,998
means any regularly appointed, enrolled, enlisted, or inducted 8,999
member of the armed forces of the United States who was captured, 9,000
separated, and incarcerated by an enemy of the United States. 9,001
A member may purchase service credit which shall be 9,003
considered as the equivalent of Ohio service for each year of 9,004
service the member was a prisoner of war. The number of years 9,006
purchased under this division shall not exceed five. Service 9,007
credit may be purchased under this division for the same years of 9,008
service used to purchase service credit under division (A) of 9,009
this section. The member may choose to purchase only part of 9,010
194
such credit in any one payment, subject to board rules. 9,011
(C) The total number of years purchased under this section 9,013
shall not exceed the member's total accumulated number of years 9,014
of Ohio service. 9,015
(D) For each year of service purchased under division (A) 9,017
or (B) of this section, the member shall pay to the fund for 9,018
credit to the member's accumulated account an amount determined 9,020
by the member rate of contribution in effect at the time the 9,021
military service began or four per cent, whichever is greater, 9,022
multiplied by the annual compensation for full-time employment 9,023
during the first year of full-time service in Ohio covered by any 9,024
state or municipal retirement system of this state following 9,025
termination of military service. To this amount shall be added 9,027
an amount equal to compound interest at a rate established by the 9,028
board of trustees of the OHIO police and firemen's disability and 9,029
FIRE pension fund from the date active military service 9,032
terminated to date of payment. For the purpose of this section, 9,033
the board may define full-time service in Ohio covered by any 9,034
state or municipal retirement system of this state. 9,035
(E) A member is ineligible to purchase service credit 9,037
under this section for any year of military service that was: 9,039
(1) Used in the calculation of any retirement benefit 9,042
currently being paid to the member or payable in the future under 9,043
any other retirement program, except for retired pay for 9,044
non-regular service under Chapter 1223. of Section 1662 of Title 9,046
XVI of the "National Defense Authorization Act for Fiscal Year 9,048
1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to 12739, or 9,049
social security;
(2) Used to obtain service credit under former section 9,051
742.18, 742.19, 742.20, or 742.21 or section 742.521 of the 9,052
Revised Code. At the time the credit is purchased the member 9,053
shall certify on a form furnished by the trustees that the member 9,054
does and will conform to this requirement. Any benefit paid 9,056
under this section to which the member is not entitled shall be 9,057
195
recovered by any recovery procedures available under this 9,058
chapter.
"Armed forces" of the United States includes army, navy, 9,060
air force, marine corps, coast guard, or any reserve component of 9,061
such forces; national guard; the commissioned corps of the United 9,062
States public health service; the merchant marine service during 9,063
wartime; auxiliary corps as established by congress; service as a 9,065
red cross nurse with the army, navy, air force, hospital service 9,067
of the United States, army nurse corps, navy nurse corps, or 9,068
serving full-time with the American red cross in a combat zone; 9,070
and such other service as may be designated by congress as 9,071
included therein.
A member of the fund who has purchased service credit under 9,073
this section, or the member's estate, is entitled to be refunded 9,075
the amount paid to purchase such credit, or a pro rata portion 9,076
thereof, provided that the purchased service credit, or a portion 9,077
of the purchased service credit, does not serve to increase a 9,078
pension or benefit paid under section 742.37 or 742.39 of the 9,079
Revised Code. The refund of any amount paid to purchase credit 9,081
under this section, or a pro rata portion thereof, shall cancel 9,082
an equivalent amount of service credit.
Sec. 742.521. (A) As used in this section, "armed forces" 9,091
of the United States means the army, navy, air force, marine 9,092
corps, coast guard, or any reserve components of such forces; the 9,093
national guard; the commissioned corps of the United States 9,094
public health service; the merchant marine service during 9,095
wartime; auxiliary corps as established by congress; service as a 9,096
red cross nurse with the army, navy, air force, hospital service 9,097
of the United States, army nurse corps, navy nurse corps, or 9,098
serving full-time with the American red cross in a combat zone; 9,099
and such other service as may be designated by congress. 9,100
(B) A member of the fund who is an employee of a police or 9,102
fire department and who enlisted or enlists, was inducted or is 9,103
inducted, was or is called into active duty, or accepted or 9,104
196
accepts a commission in the armed forces, in computing years of 9,105
service in such police or fire department, shall be given full 9,106
credit for such time served in the armed forces, provided the
person has been honorably discharged from the armed forces or 9,108
from active duty therein, has made application for reinstatement 9,109
in the active service of the police or fire department within
ninety days from the date of discharge, and employer 9,110
contributions have been paid pursuant to this section. Service 9,111
credit given under this section for time served in the armed 9,112
forces shall not exceed five years.
(C) A member of the fund is ineligible to receive service 9,114
credit under this section for any time served in the armed forces 9,115
that is used to obtain service credit under former section 9,116
742.18, 742.19, 742.20, or 742.21 or section 742.52 of the 9,117
Revised Code.
At the time such credit is requested, the member shall 9,119
certify on a form supplied by the retirement board that the 9,120
member does and will conform to this requirement. Any benefit 9,121
paid under this section to which the member is not entitled shall 9,122
be recovered by any recovery procedures available under this
chapter. This section does not cancel any military service 9,123
credit earned under this chapter prior to the effective date of 9,124
this section OCTOBER 29, 1996. 9,125
(D) An employer of a member entitled to service credit 9,127
under this section shall pay the OHIO police and firemen's 9,128
disability and FIRE pension fund an amount equal to that which 9,130
would have been paid under section 742.33 or 742.34 of the 9,131
Revised Code had the member continued police or fire employment
during the period of military service. The board of trustees may 9,133
adopt rules setting the manner in which the employer contribution 9,134
is calculated and paid.
Sec. 742.53. (A) As used in this section: 9,143
(1) "Long-term care insurance" has the same meaning as in 9,145
section 3923.41 of the Revised Code. 9,146
197
(2) "Retirement systems" has the same meaning as in 9,148
division (A) of section 145.581 of the Revised Code. 9,149
(B) The board of trustees of the OHIO police and firemen's 9,151
disability and FIRE pension fund shall establish a program under 9,152
which members of the fund, employers on behalf of members, and 9,154
persons receiving service or disability pensions or survivor 9,155
benefits are permitted to participate in contracts for long-term 9,156
care insurance. Participation may include dependents and family 9,157
members. If a participant in a contract for long-term care 9,158
insurance leaves employment, the participant and the 9,160
participant's dependents and family members may, at their 9,161
election, continue to participate in a program established under 9,162
this section in the same manner as if the participant had not 9,163
left employment, except that no part of the cost of the insurance 9,165
shall be paid by the participant's former employer. 9,166
Such program may be established independently or jointly 9,168
with one or more of the other retirement systems. 9,169
(C) The fund may enter into an agreement with insurance 9,171
companies, health insuring corporations, or government agencies 9,173
authorized to do business in the state for issuance of a 9,174
long-term care policy or contract. However, prior to entering 9,175
into such an agreement with an insurance company or health 9,176
insuring corporation, the fund shall request the superintendent 9,177
of insurance to certify the financial condition of the company or 9,180
corporation. The fund shall not enter into the agreement if, 9,181
according to that certification, the company or corporation is 9,182
insolvent, is determined by the superintendent to be potentially 9,183
unable to fulfill its contractual obligations, or is placed under 9,184
an order of rehabilitation or conservation by a court of 9,185
competent jurisdiction or under an order of supervision by the 9,186
superintendent. 9,187
(D) The board shall adopt rules in accordance with section 9,189
111.15 of the Revised Code governing the program. The rules 9,190
shall establish methods of payment for participation under this 9,191
198
section, which may include establishment of a payroll deduction 9,192
plan under section 742.56 of the Revised Code, deduction of the 9,193
full premium charged from a person's service or disability 9,194
pension or survivor benefit, or any other method of payment 9,195
considered appropriate by the board. If the program is 9,196
established jointly with one or more of the other retirement 9,197
systems, the rules also shall establish the terms and conditions 9,198
of such joint participation. 9,199
Sec. 742.55. Each expense voucher of an employee, officer, 9,208
or board member of the OHIO police and firemen's disability and 9,209
FIRE pension fund shall itemize all purchases and expenditures 9,211
included.
Sec. 742.56. (A) The board of trustees of the OHIO police 9,220
and firemen's disability and FIRE pension fund may by rule 9,223
establish a payroll deduction plan for payment of the following: 9,224
(1) The cost of service credit members of the fund are 9,226
eligible to purchase under this chapter; 9,227
(2) Charges for participation in programs established 9,229
under section 742.53 of the Revised Code. 9,230
(B) In addition to any other matter considered relevant by 9,232
the trustees, the rules shall specify all of the following: 9,233
(1) The types of service credit that may be paid for 9,235
through payroll deduction, including the section of the Revised 9,236
Code that authorizes the purchase of each type of service credit 9,237
for which payment may be made by payroll deduction; 9,238
(2) The procedure to be followed by a member to inform his 9,240
THE MEMBER'S employer and the OHIO police and firemen's 9,242
disability and FIRE pension fund that he THE MEMBER wishes to 9,244
purchase service credit under this chapter or pay for 9,246
participation in programs established under section 742.53 of the 9,247
Revised Code and chooses to pay for it through payroll deduction; 9,248
(3) The procedure to be followed by the fund to determine 9,250
for each request the amount to be deducted, the number of 9,251
deductions to be made, and the interval at which deductions will 9,252
199
be made. The rules may provide for a minimum amount for each 9,253
deduction or a maximum number of deductions for the purchase of 9,254
any type of credit, but shall provide that no deduction may 9,255
exceed the member's net compensation after all deductions and 9,256
withholdings required by law. 9,257
(4) The procedure to be followed by employers in 9,259
transmitting amounts deducted from the salaries of their 9,260
employees to the fund; 9,261
(5) The procedure to be followed by the fund in crediting 9,263
service credit to members who choose to purchase it through 9,264
payroll deduction. 9,265
(C) If the trustees of the fund establish a payroll 9,267
deduction plan under this section, the trustees shall certify to 9,268
the member's employer for each member for which deductions are to 9,269
be made, the amount of each deduction and the payrolls from which 9,270
deductions are to be made. The employer shall make the 9,271
deductions as certified and transmit the amounts deducted in 9,272
accordance with the rules established by the trustees under this 9,273
section. 9,274
(D) Rules adopted under this section shall not affect any 9,276
right to purchase service credit conferred by any other section 9,277
of the Revised Code, including the right of a member under any 9,278
such section to purchase only part of the service credit he THE 9,279
MEMBER is eligible to purchase. 9,281
Sec. 742.57. All amounts due the OHIO police and firemen's 9,290
disability and FIRE pension fund from the state treasury pursuant 9,292
to this chapter shall be promptly paid upon warrant of the 9,293
auditor of state pursuant to a voucher approved by the director 9,294
of budget and management.
Sec. 742.58. On the death of a member of the OHIO police 9,303
and firemen's disability and FIRE pension fund who at the time of 9,306
death is receiving a retirement pension or disability benefits, a 9,308
lump-sum payment of one thousand dollars shall be paid to the 9,310
member's surviving spouse or, if there is no surviving spouse, to
200
the beneficiary the member designated on a form provided by the 9,311
fund. If there is no surviving spouse or designated beneficiary, 9,312
the payment shall be made to the member's estate. 9,313
Application for the payment shall be made on a form 9,315
provided by the fund.
Sec. 742.59. The board of trustees of the OHIO police and 9,324
firemen's disability and FIRE pension fund shall be the trustee 9,326
of the funds created as follows:
(A) The "policemen's POLICE OFFICERS' contribution fund" 9,328
is the fund in which shall be credited the contributions deducted 9,330
from the salaries of members of police departments and paid into 9,331
the OHIO police and firemen's disability and FIRE pension fund, 9,333
as provided by section 742.31 of the Revised Code, and that 9,334
percentage of the employers' accrued liability that is 9,335
attributable to deductions previously made from the salaries of 9,336
members of the police department who are still in the active 9,337
service at the time that portion of the employer's EMPLOYERS' 9,338
accrued liability is paid. The accumulated contributions of a 9,340
member of a police department shall be transferred at the 9,341
member's retirement from the policemen's POLICE OFFICERS' 9,342
contribution fund to the policemen's POLICE OFFICERS' pension 9,343
reserve fund.
(B) The "firemen's FIREFIGHTERS' contribution fund" is the 9,346
fund in which shall be credited contributions deducted from the 9,347
salaries of members of fire departments and paid into the OHIO 9,348
police and firemen's disability and FIRE pension fund, as 9,349
provided by section 742.31 of the Revised Code, and that 9,351
percentage of the employers' accrued liability that is 9,352
attributable to deductions previously made from the salaries of 9,353
members of the fire department who are still in the active 9,354
service at the time that portion of the employers' accrued 9,355
liability is paid. The accumulated contributions of a member of 9,356
a fire department shall be transferred at the member's retirement 9,357
from the firemen's FIREFIGHTERS' contribution fund to the 9,358
201
firemen's FIREFIGHTERS' pension reserve fund. 9,359
(C) The "policemen POLICE OFFICER employers' contribution 9,361
fund" is the fund to which the policemen employers' POLICE 9,363
OFFICER EMPLOYERS' contribution, as provided by section 742.33 of 9,365
the Revised Code, and that percentage of the employers' accrued 9,366
liability that is attributable to the employers' liability for 9,367
prior service of members of the police department who are still 9,368
in the active service at the time that portion of the employers' 9,369
accrued liability is paid, and that portion of the state 9,370
contribution allocated to such fund, as provided by section 9,371
742.36 of the Revised Code, shall be credited, and in which shall 9,372
be accumulated the reserves held in trust for the payment of all 9,373
pensions or other benefits provided by sections 742.01 to 742.61 9,374
of the Revised Code to members of a police department retiring in 9,375
the future or their qualified beneficiaries and from which the 9,376
reserves for such pensions and other benefits shall be 9,377
transferred to the policemen's POLICE OFFICERS' pension reserve 9,378
fund.
(D) The "firemen FIREFIGHTER employers' contribution fund" 9,380
is the fund to which the firemen FIREFIGHTER employers' 9,381
contribution, as provided in section 742.34 of the Revised Code, 9,383
and that percentage of the employers' accrued liability that is 9,384
attributable to the employers' liability for prior service for 9,385
members of the fire department who are still in the active 9,386
service at the time that portion of the employers' accrued 9,387
liability is paid, and that portion of the state contribution 9,388
allocated to such fund, as provided by section 742.36 of the 9,389
Revised Code, shall be credited, and in which shall be 9,390
accumulated the reserves held in trust for the payment of all 9,391
pensions and other benefits provided by sections 742.01 to 742.61 9,392
of the Revised Code to members of a fire department retiring in 9,393
the future or their qualified beneficiaries and from which the 9,394
reserves for such pensions and other benefits shall be 9,395
transferred to the firemen's FIREFIGHTERS' pension reserve fund. 9,397
202
(E) The "policemen's POLICE OFFICERS' pension reserve 9,399
fund" is the fund from which shall be paid all pensions and other 9,401
benefits for which reserves have been transferred from the 9,402
policemen's POLICE OFFICERS' contribution fund and the policemen 9,404
POLICE OFFICER employers' contribution fund, and to which shall 9,405
be credited that percentage of the employers' accrued liability 9,406
that is attributable to the total of deductions previously made 9,407
from the salaries of members of the police department who are 9,408
retired and are receiving pensions or other benefits, or whose 9,409
beneficiaries are receiving benefits, at the time that portion of 9,410
the employers' accrued liability is paid, and that percentage of 9,411
the employers' accrued liability that is attributable to prior 9,412
service of members of the police department who are retired and 9,413
are receiving pensions or other benefits, or whose beneficiaries 9,414
are receiving benefits, at the time that portion of the 9,415
employers' accrued liability is paid.
(F) The "firemen's FIREFIGHTERS' pension reserve fund" is 9,418
the fund from which shall be paid all pensions and other benefits
for which reserves have been transferred from the firemen's 9,419
FIREFIGHTERS' contribution fund and the firemen FIREFIGHTER 9,421
employers' contribution fund, and to which shall be credited that 9,423
percentage of the employers' accrued liability that is 9,424
attributable to the total of deductions previously made from the 9,425
salaries of members of the fire department who are retired and 9,426
are receiving pensions or other benefits, or whose beneficiaries 9,427
are receiving benefits, at the time that portion of the 9,428
employers' accrued liability is paid, and that percentage of the 9,429
employers' accrued liability that is attributable to prior 9,430
service of members of the fire department who are retired and are 9,431
receiving pensions or other benefits, or whose beneficiaries are 9,432
receiving benefits, at the time that portion of the employers' 9,433
accrued liability is paid.
(G) The "guarantee fund" is the fund from which interest 9,435
is transferred and credited on the amounts in the funds described 9,436
203
in divisions (C), (D), (E), and (F) of this section, and is a 9,437
contingent fund from which the special requirements of said funds 9,438
may be paid by transfer from this fund. All income derived from 9,439
the investment of funds by the board of trustees of the OHIO 9,440
police and firemen's disability and FIRE pension fund as trustee 9,442
under section 742.11 of the Revised Code, together with all gifts 9,443
and bequests or the income therefrom, shall be paid into this 9,444
fund.
Any deficit occurring in any other fund that will not be 9,446
covered by payments to that fund, as otherwise provided by 9,447
sections 742.01 to 742.61 of the Revised Code, shall be paid by 9,449
transfers of amounts from the guarantee fund to such fund or
funds. Should the amount in the guarantee fund be insufficient 9,450
at any time to meet the amounts payable therefrom, the amount of 9,451
such deficiency, with regular interest, shall be paid by an 9,452
additional employer rate of current contribution as determined by 9,453
the actuary and shall be approved by the board of trustees of the 9,454
OHIO police and firemen's disability and FIRE pension fund, and 9,456
the amount of such additional employer contribution shall be 9,458
credited to the guarantee fund. 9,459
The board of trustees of the police and firemen's 9,461
disability and pension fund may accept gifts and bequests. Any 9,463
funds that may come into the possession of the board in this 9,464
manner, or any other funds whose disposition is not otherwise 9,465
provided for, shall be credited to the guarantee fund. 9,466
(H) The "expense fund" is the fund from which shall be 9,468
paid the expenses for the administration and management of the 9,470
OHIO police and firemen's disability and FIRE pension fund, as 9,472
provided by sections 742.01 to 742.61 of the Revised Code, and to 9,473
which shall be credited from the guarantee fund an amount 9,474
sufficient to pay the expenses of operation. 9,475
Sec. 742.60. Wherever in sections 742.01 to 742.61 of the 9,484
Revised Code, reference is made to the policemen's POLICE 9,486
OFFICERS' contribution fund, the firemen's FIREFIGHTERS' 9,487
204
contribution fund, the policemen POLICE OFFICER employers' 9,489
contribution fund, the firemen FIREFIGHTER employers'
contribution fund, the policemen's POLICE OFFICERS' pension 9,492
reserve fund, the firemen's FIREFIGHTERS' pension reserve fund, 9,493
the guarantee fund, or the expense fund, such reference shall be 9,496
construed to have been made to each as a separate legal entity. 9,497
This section does not prevent the deposit or investment of all
such moneys intermingled for such purpose, but such funds shall 9,498
be separate and distinct legal entities for all other purposes. 9,499
Sec. 742.61. The treasurer of state shall be the custodian 9,509
of all funds under the control and management of the board of
trustees of the OHIO police and firemen's disability and FIRE 9,511
pension fund, and all disbursements of such funds shall be paid 9,512
by the treasurer of state only upon instruments duly authorized 9,513
by the board and bearing the signatures of the chairperson and 9,515
secretary of the board. The signatures of the chairperson and 9,516
secretary may be facsimile signatures. 9,517
The treasurer of state shall give a separate and additional 9,519
bond in such amount as is fixed by the board, conditioned upon 9,520
the faithful performance of the treasurer of state's duties as 9,522
custodian of the funds under the control and management of the 9,523
board and to be executed by a surety company selected by the 9,524
board that is authorized to transact business in this state. 9,525
Such bond shall be deposited with the secretary of state and kept 9,526
in the secretary of state's office. The board may require the 9,528
treasurer of state to give other and additional bonds, as the 9,529
funds under the control and management of the board increase, in 9,530
such amounts and at such times as are fixed by the board, which 9,531
additional bonds shall be conditioned, filed, and executed as is 9,532
provided for the original bond of the treasurer of state covering 9,533
the funds under the control and management of the board. The 9,534
premium on all bonds shall be paid by the board.
The treasurer of state shall deposit any portion of the 9,536
funds under the control and management of the board not needed 9,537
205
for immediate use in the same manner as state funds are 9,538
deposited, and subject to all provisions of law with respect to 9,539
the deposit of state funds, by the treasurer of state, and all 9,540
interest earned on such funds so deposited shall be collected by 9,541
the treasurer of state and placed to the credit of the board. 9,542
Sec. 742.62. The firemen and policemen's OHIO PUBLIC 9,551
SAFETY OFFICERS death benefit fund is hereby created as the fund 9,554
to which shall be credited contributions paid by the state and
any moneys resulting from gifts made to the fund. The board of 9,555
trustees of the OHIO police and firemen's disability and FIRE 9,556
pension fund shall be the trustees of the firemen and policemen's 9,559
OHIO PUBLIC SAFETY OFFICERS death benefit fund. The board shall 9,560
have the same powers as provided in section 742.10 of the Revised 9,561
Code, in administering the firemen and policemen's OHIO PUBLIC 9,563
SAFETY OFFICERS death benefit fund. 9,564
Sec. 742.63. The board of trustees of the OHIO police and 9,573
firemen's disability and FIRE pension fund shall adopt rules for 9,575
the management of the firemen and policemen's OHIO PUBLIC SAFETY 9,577
OFFICERS death benefit fund and for disbursements of benefits as 9,579
set forth in this section.
(A) As used in this section: 9,581
(1) "Member" means a member of the OHIO police and 9,583
firemen's disability and FIRE pension fund or the state highway 9,585
patrol retirement system, or a member of the public employees 9,586
retirement system who at the time of the member's death was a 9,587
county sheriff or deputy sheriff, a full-time regular police 9,588
officer in a municipal corporation or township, a full-time 9,589
regular firefighter employed by the state, an instrumentality of 9,591
the state, a municipal corporation, a township, a joint fire 9,592
district, or another political subdivision, a full-time park 9,593
district ranger or patrol trooper, a full-time law enforcement 9,594
officer of the department of natural resources, a full-time 9,595
department of public safety enforcement agent, a full-time law 9,596
enforcement officer of parks, waterway lands, or reservoir lands 9,598
206
under the control of a municipal corporation, a full-time law 9,599
enforcement officer of a conservancy district, a correction 9,600
officer at an institution under the control of a county, a group 9,601
of counties, a municipal corporation, or the department of 9,602
rehabilitation and correction, a state university law enforcement 9,603
officer, or a member of a retirement system operated by a 9,604
municipal corporation who at the time of death was a full-time 9,605
law enforcement officer of parks, waterway lands, or reservoir 9,606
lands under the control of the municipal corporation. 9,607
(2) Notwithstanding section 742.01 of the Revised Code, 9,609
"fire or police department" includes a fire department of the 9,610
state or an instrumentality of the state or of a municipal 9,611
corporation, township, joint fire district, or other political 9,612
subdivision, the state highway patrol, a county sheriff's office, 9,613
the security force of an institution under the control of the 9,614
department of rehabilitation and correction, the security force 9,615
of a jail or workhouse under the control of a county, group of 9,616
counties, or municipal corporation, the security force of a 9,617
metropolitan, county, or township park district, the security 9,618
force of lands under the control of the department of natural 9,619
resources, department of public safety enforcement agents, the 9,621
security force of parks, waterway lands, or reservoir lands under 9,622
the control of a municipal corporation, the security force of a 9,623
conservancy district, the police department of a township or 9,624
municipal corporation, and the police force of a state 9,625
university.
(3) "Firefighter or police officer" includes a state 9,628
highway patrol trooper, a county sheriff or deputy sheriff, a 9,629
correction officer at an institution under the control of a 9,630
county, a group of counties, a municipal corporation, or the 9,631
department of rehabilitation and correction, a police officer 9,632
employed by a township or municipal corporation, a firefighter 9,634
employed by the state, an instrumentality of the state, a 9,636
municipal corporation, a township, a joint fire district, or 9,637
207
another political subdivision, a full-time park district ranger 9,638
or patrol trooper, a full-time law enforcement officer of the 9,640
department of natural resources, a full-time department of public 9,641
safety enforcement agent, a full-time law enforcement officer of 9,642
parks, waterway lands, or reservoir lands under the control of a 9,643
municipal corporation, a full-time law enforcement officer of a 9,644
conservancy district, and a state university law enforcement 9,645
officer.
(4) "Correction officer" includes, in addition to any 9,647
correction officer, any correction corporal, sergeant, 9,648
lieutenant, or captain, and the equivalents of all such persons. 9,649
(5) "A park district ranger or patrol trooper" means a 9,652
peace officer commissioned to make arrests, execute warrants, and 9,653
preserve the peace upon lands under the control of a board of 9,654
park commissioners of a metropolitan, county, or township park 9,655
district. 9,656
(6) "Metropolitan, county, or township park district" 9,658
means a park district created under the authority of Chapter 511. 9,659
or 1545. of the Revised Code. 9,660
(7) "Conservancy district" means a conservancy district 9,662
created under the authority of Chapter 6101. of the Revised Code. 9,663
(8) "Law enforcement officer" means an officer 9,665
commissioned to make arrests, execute warrants, and preserve the 9,666
peace upon lands under the control of the governmental entity 9,667
granting the commission. 9,668
(9) "Department of natural resources law enforcement 9,670
officer" includes a forest officer designated pursuant to section 9,671
1503.29 of the Revised Code, a preserve officer designated 9,672
pursuant to section 1517.10 of the Revised Code, a wildlife 9,673
officer designated pursuant to section 1531.13 of the Revised 9,674
Code, a park officer designated pursuant to section 1541.10 of 9,675
the Revised Code, and a state watercraft officer designated 9,676
pursuant to section 1547.521 of the Revised Code. 9,677
(10) "Retirement eligibility date" means the last day of 9,679
208
the month in which a deceased member would have first become 9,680
eligible, had the member lived, for the retirement pension 9,681
provided under section 145.33, division (C)(1) of section 742.37, 9,682
or division (A)(1) of section 5505.17 of the Revised Code or 9,683
provided by a retirement system operated by a municipal 9,684
corporation.
(11) "Death benefit amount" means an amount equal to the 9,686
full monthly salary received by a deceased member prior to death, 9,687
minus an amount equal to the benefit received under section 9,688
145.45, 742.37, 742.3714, or 5505.17 of the Revised Code or the 9,689
benefit received from a retirement system operated by a municipal 9,690
corporation, plus any increases in salary that would have been
granted the deceased member. 9,691
(12) "Killed in the line of duty" means either of the 9,693
following:
(a) Death in the line of duty; 9,695
(b) Death from injury sustained in the line of duty, 9,698
including heart attack or other fatal injury or illness caused
while in the line of duty. 9,699
(B) A spouse of a deceased member shall receive a death 9,701
benefit each month equal to the full death benefit amount, 9,702
provided that the deceased member was a firefighter or police 9,703
officer killed in the line of duty and there are no surviving 9,704
children eligible for a benefit under this section. The spouse 9,705
shall receive this benefit during the spouse's natural life until 9,707
the earlier of the deceased member's retirement eligibility date 9,708
or the spouse's remarriage, on which date the benefit provided 9,709
under this division shall terminate.
(C)(1) If a member killed in the line of duty as a 9,711
firefighter or police officer is survived only by a child or 9,714
children, the child or children shall receive a benefit each 9,715
month equal to the full death benefit amount. If there is more 9,716
than one surviving child, the benefit shall be divided equally 9,718
among these children.
209
(2) If the death benefit paid under this division is 9,720
divided among two or more surviving children and any of the 9,721
children become ineligible to continue receiving a portion of the 9,722
benefit as provided in division (H) of this section, the full 9,723
death benefit amount shall be paid to the remaining eligible 9,724
child or divided among the eligible children so that the benefit
paid to the remaining eligible child or children equals the full 9,725
death benefit amount. 9,726
(3) Notwithstanding divisions (C)(1) and (2) of this 9,729
section, all death benefits paid under this division shall 9,730
terminate on the deceased member's retirement eligibility date. 9,731
(D) If a member killed in the line of duty as a 9,733
firefighter or police officer is survived by both a spouse and a 9,734
child or children, the monthly benefit provided shall be as 9,735
follows: 9,736
(1)(a) If there is a surviving spouse and one surviving 9,738
child, the spouse shall receive an amount each month equal to 9,740
one-half of the full death benefit amount and the child shall 9,742
receive an amount equal to one-half of the full death benefit 9,743
amount.
(b) If the surviving spouse becomes ineligible to continue 9,745
receiving a death benefit due to remarriage or death, or the 9,746
child becomes ineligible as provided in division (H) of this 9,747
section, the surviving spouse or child remaining eligible shall 9,748
receive the full death benefit amount. 9,749
(2)(a) If there is a surviving spouse and more than one 9,751
child, the spouse shall receive an amount each month equal to 9,753
one-third of the full death benefit amount and the children shall 9,755
receive an amount, equally divided among them, equal to 9,756
two-thirds of the full death benefit amount.
(b) If a spouse and more than one child each are receiving 9,758
a death benefit under division (D)(2)(a) of this section and the 9,760
spouse becomes ineligible to receive a benefit due to remarriage 9,761
or death, the children shall receive an amount each month,
210
equally divided among them, equal to the full death benefit 9,762
amount.
(c) If a spouse and more than one child each are receiving 9,764
a benefit under division (D)(2)(a) of this section and any of the 9,766
children becomes ineligible to receive a benefit as provided in
division (H) of this section, the spouse and remaining eligible 9,767
child or children shall receive a death benefit as follows: 9,768
(i) If there are two or more remaining eligible children, 9,770
the spouse shall receive an amount each month equal to one-third 9,771
of the full death benefit amount and the children shall receive 9,772
an amount each month, equally divided among them, equal to 9,773
two-thirds of the full death benefit amount;
(ii) If there is one remaining eligible child, the spouse 9,775
shall receive an amount each month equal to one-half of the full 9,776
death benefit amount, and the child shall receive an amount each 9,777
month equal to one-half of the full death benefit amount. 9,778
(d) If a spouse and more than one child each are receiving 9,780
a benefit under division (D)(2)(a) of this section and all of the 9,782
children become ineligible to receive a benefit as provided in
division (H) of this section, the spouse shall receive the full 9,783
death benefit amount. 9,784
(3) Notwithstanding divisions (D)(1) and (2) of this 9,786
section, death benefits paid under this division to a surviving 9,787
spouse shall terminate on the earlier of the member's retirement 9,789
eligibility date or the spouse's remarriage. Death benefits paid 9,790
to a surviving child or children shall terminate on the deceased 9,791
member's retirement eligibility date unless earlier terminated 9,792
pursuant to division (H) of this section. 9,793
(E) If a member, on or after January 1, 1980, is killed in 9,796
the line of duty as a firefighter or police officer and is 9,797
survived by only a parent or parents dependent upon the member 9,799
for support, the parent or parents shall receive an amount each 9,801
month equal to the full death benefit amount. If there is more 9,803
than one surviving parent dependent upon the deceased member for 9,804
211
support, the death benefit amount shall be divided equally among 9,805
the surviving parents. On the death of one of the surviving 9,806
parents, the full death benefit amount shall be paid to the other
parent. 9,807
(F) A surviving spouse whose benefits are terminated in 9,809
accordance with division (B) or (D)(3) of this section on the 9,810
deceased member's retirement eligibility date, or who would 9,811
qualify for a benefit under division (B) or (D) of this section 9,812
except that the deceased member reached the member's retirement 9,813
eligibility date prior to the member's death, shall receive a 9,814
monthly death benefit under this division. The monthly death 9,816
benefit shall be one-half of an amount equal to the monthly 9,817
salary received by the deceased member prior to the member's 9,818
death, plus any salary increases the deceased member would have 9,820
received prior to the member's retirement eligibility date. The 9,822
benefit shall terminate on the surviving spouse's remarriage or 9,823
death. A death benefit payable under this division shall be 9,825
reduced by an amount equal to any allowance or benefit payable to 9,826
the surviving spouse under section 742.3714 of the Revised Code. 9,827
(G)(1) If there is not a surviving spouse eligible to 9,831
receive a death benefit under division (F) of this section or the 9,832
surviving spouse receiving a death benefit under that division 9,833
becomes ineligible to receive the benefit due to remarriage or 9,834
death, a surviving child or children whose benefits under 9,835
division (C) or (D) of this section are or have been terminated 9,836
pursuant to division (C)(3) or (D)(3) of this section or who 9,838
would qualify for a benefit under division (C) or (D) of this 9,839
section except that the deceased member reached the member's
retirement eligibility date prior to the member's death shall 9,840
receive a monthly death benefit under this division. The monthly 9,841
death benefit shall be one-half of an amount equal to the monthly 9,842
salary received by the deceased member prior to the member's 9,843
death, plus any salary increases the member would have received 9,845
prior to the member's retirement eligibility date. If there is 9,846
212
more than one surviving child, the benefit shall be divided 9,847
equally among the surviving children. 9,848
(2) If two or more surviving children each are receiving a 9,850
benefit under this division and any of those children becomes 9,851
ineligible to continue receiving a benefit as provided in 9,852
division (H) of this section, the remaining eligible child or 9,853
children shall receive an amount equal to one-half of the monthly 9,854
salary received by the deceased member prior to death, plus any 9,855
salary increases the deceased member would have received prior to 9,856
the retirement eligibility date. If there is more than one
remaining eligible child, the benefit shall be divided equally 9,857
among the eligible children. 9,858
(3) A death benefit, or portion of a death benefit, 9,860
payable to a surviving child under this division shall be reduced 9,861
by an amount equal to any allowance or benefit payable to that 9,862
child under section 742.3714 of the Revised Code, but the 9,863
reduction in that child's benefit shall not affect the amount 9,864
payable to any other surviving child entitled to a portion of the 9,865
death benefit.
(H) A death benefit paid to a surviving child under 9,868
division (C), (D), or (G) of this section shall terminate on the 9,869
death of the child or, unless one of the following is the case, 9,870
when the child reaches age eighteen:
(1) The child, because of physical or mental disability, 9,872
is unable to provide the child's own support, in which case the 9,873
death benefit shall terminate when the disability is removed; 9,875
(2) The child is unmarried, under age twenty-two, and a 9,877
student in and attending an institution of learning or training 9,878
pursuant to a program designed to complete in each school year 9,879
the equivalent of at least two-thirds of the full-time curriculum 9,880
requirements of the institution, as determined by the trustees of 9,881
the fund.
(I) Acceptance of any death benefit under this section 9,883
does not prohibit a spouse or child from receiving other benefits 9,884
213
provided under the OHIO police and firemen's disability and FIRE 9,886
pension fund, the state highway patrol retirement system, the 9,887
public employees retirement system, or a retirement system 9,888
operated by a municipal corporation. 9,889
(J) No person shall receive a benefit under this section 9,891
if any of the following occur: 9,892
(1) The person fails to exercise the right to a monthly 9,894
survivor benefit under division (A) or (B) of section 145.45, 9,895
division (D), (E), or (F) of section 742.37, or division (A)(3), 9,896
(4), or (7) of section 5505.17 of the Revised Code; to a monthly 9,897
survivor benefit from a retirement system operated by a municipal 9,898
corporation; or to a retirement allowance under section 742.3714 9,899
of the Revised Code. 9,900
(2) The member's accumulated contributions under this 9,902
chapter or Chapter 145. or 5505. of the Revised Code are refunded 9,903
unless the member had been a member of the public employees 9,904
retirement system and had fewer than eighteen months of total 9,905
service credit at the time of death. 9,906
(3) In the case of a full-time park district ranger or 9,908
patrol trooper, a full-time law enforcement officer of the 9,910
department of natural resources, a full-time law enforcement 9,911
officer of parks, waterway lands, or reservoir lands under the 9,912
control of a municipal corporation, a full-time law enforcement 9,913
officer of a conservancy district, a correction officer at an 9,914
institution under the control of a county, group of counties, or 9,915
municipal corporation, or a member of a retirement system 9,916
operated by a municipal corporation who at the time of the 9,917
member's death was a full-time law enforcement officer of parks, 9,919
waterway lands, or reservoir lands under the control of the 9,920
municipal corporation, the member died prior to April 9, 1981, in 9,921
the case of a benefit under division (B), (C), or (D) of this 9,922
section, or prior to January 1, 1980, in the case of a benefit 9,923
under division (E) of this section. 9,924
(4) In the case of a full-time department of public safety 9,926
214
enforcement agent who prior to the effective date of this 9,927
amendment JUNE 30, 1999, was a liquor control investigator of the 9,929
department of public safety, the member died prior to December
23, 1986; 9,930
(5) In the case of a full-time department of public safety 9,932
enforcement agent other than an enforcement agent who, prior to 9,933
the effective date of this amendment JUNE 30, 1999, was a liquor 9,934
control investigator, the member died prior to the effective date 9,935
of this amendment JUNE 30, 1999. 9,936
Sec. 902.10. All bonds issued under this chapter are 9,945
lawful investments of banks, societies for savings, savings and 9,946
loan associations, deposit guarantee associations, trust 9,947
companies, trustees, fiduciaries, insurance companies, including 9,948
domestic for life and domestic not for life, trustees or other 9,949
officers having charge of sinking and bond retirement or other 9,950
special funds of political subdivisions and taxing districts of 9,951
this state, the commissioners of the sinking fund of the state, 9,952
the administrator of workers' compensation, the state teachers 9,953
retirement system, the public employees retirement system, the 9,954
school employees retirement system, and the OHIO police and 9,955
firemen's disability and FIRE pension fund, notwithstanding any 9,957
other provision of the Revised Code or rules adopted pursuant 9,958
thereto by any governmental agency of the state with respect to 9,959
investments by them, and are acceptable as security for the 9,960
deposit of public moneys.
Sec. 1555.08. (A) Subject to the limitations provided in 9,969
Section 15 of Article VIII, Ohio Constitution, the commissioners 9,970
of the sinking fund, upon certification by the director of the 9,971
Ohio coal development office of the amount of moneys or 9,972
additional moneys needed in the coal research and development 9,973
fund for the purpose of making grants or loans for allowable 9,974
costs, or needed for capitalized interest, for funding reserves, 9,975
and for paying costs and expenses incurred in connection with the 9,976
issuance, carrying, securing, paying, redeeming, or retirement of 9,977
215
the obligations or any obligations refunded thereby, including 9,978
payment of costs and expenses relating to letters of credit, 9,979
lines of credit, insurance, put agreements, standby purchase 9,980
agreements, indexing, marketing, remarketing and administrative 9,981
arrangements, interest swap or hedging agreements, and any other 9,982
credit enhancement, liquidity, remarketing, renewal, or refunding 9,983
arrangements, all of which are authorized by this section, or 9,984
providing moneys for loan guarantees, shall issue obligations of 9,985
the state under this section in amounts authorized by the general 9,986
assembly; provided that such obligations may be issued to the 9,987
extent necessary to satisfy the covenants in contracts of 9,988
guarantee made under section 1555.05 of the Revised Code to issue 9,989
obligations to meet such guarantees, notwithstanding limitations 9,990
otherwise applicable to the issuance of obligations under this 9,991
section except the one-hundred-million-dollar limitation provided 9,992
in Section 15 of Article VIII, Ohio Constitution. The proceeds 9,993
of such obligations, except for the portion to be deposited in 9,994
the coal research and development bond service fund as may be 9,995
provided in the bond proceedings, shall as provided in the bond 9,996
proceedings be deposited in the coal research and development 9,997
fund. The commissioners of the sinking fund may appoint 9,998
trustees, paying agents, and transfer agents and may retain the 9,999
services of financial advisors, accounting experts, and 10,000
attorneys, and retain or contract for the services of marketing, 10,001
remarketing, indexing, and administrative agents, other 10,002
consultants, and independent contractors, including printing 10,003
services, as are necessary in their judgment to carry out this 10,004
section. 10,005
(B) The full faith and credit of the state of Ohio is 10,007
hereby pledged to obligations issued under this section except as 10,008
otherwise provided in section 1555.12 of the Revised Code. The 10,009
right of the holders and owners to payment of bond service 10,010
charges is limited to all or that portion of the moneys pledged 10,011
thereto pursuant to the bond proceedings in accordance with this 10,012
216
section, and each such obligation shall bear on its face a 10,013
statement to that effect. 10,014
(C) Obligations shall be authorized by resolution of the 10,016
commissioners of the sinking fund on request of the director of 10,017
the Ohio coal development office as provided in section 1555.02 10,018
of the Revised Code and the bond proceedings shall provide for 10,019
the purpose thereof and the principal amount or amounts, and 10,020
shall provide for or authorize the manner or agency for 10,021
determining the principal maturity or maturities, not exceeding 10,022
forty years from the date of issuance, the interest rate or rates 10,023
or the maximum interest rate, the date of the obligations and the 10,024
dates of payment of interest thereon, their denomination, and the 10,025
establishment within or without the state of a place or places of 10,026
payment of bond service charges. Sections 9.98 to 9.983 of the 10,027
Revised Code apply to obligations issued under this section, 10,028
subject to any applicable limitation under section 1555.12 of the 10,029
Revised Code. The purpose of such obligations may be stated in 10,030
the bond proceedings in terms describing the general purpose or 10,031
purposes to be served. The bond proceedings shall also provide, 10,032
subject to the provisions of any other applicable bond 10,033
proceedings, for the pledge of all, or such part as the 10,034
commissioners of the sinking fund may determine, of the moneys 10,035
credited to the coal research and development bond service fund 10,036
to the payment of bond service charges, which pledges may be made 10,037
either prior or subordinate to other expenses, claims, or 10,038
payments and may be made to secure the obligations on a parity 10,039
with obligations theretofore or thereafter issued, if and to the 10,040
extent provided in the bond proceedings. The moneys so pledged 10,041
and thereafter received by the state are immediately subject to 10,042
the lien of such pledge without any physical delivery thereof or 10,043
further act, and the lien of any such pledges is valid and 10,044
binding against all parties having claims of any kind against the 10,045
state or any governmental agency of the state, irrespective of 10,046
whether such parties have notice thereof, and shall create a 10,047
217
perfected security interest for all purposes of Chapter 1309. of 10,048
the Revised Code, without the necessity for separation or 10,049
delivery of funds or for the filing or recording of the bond 10,050
proceedings by which such pledge is created or any certificate, 10,051
statement or other document with respect thereto; and the pledge 10,052
of such moneys is effective and the money therefrom and thereof 10,053
may be applied to the purposes for which pledged without 10,054
necessity for any act of appropriation. Every pledge, and every 10,055
covenant and agreement made with respect thereto, made in the 10,056
bond proceedings may therein be extended to the benefit of the 10,057
owners and holders of obligations authorized by this section, and 10,058
to any trustee therefor, for the further security of the payment 10,059
of the bond service charges. 10,060
(D) The bond proceedings may contain additional provisions 10,062
as to: 10,063
(1) The redemption of obligations prior to maturity at the 10,065
option of the commissioners of the sinking fund at such price or 10,066
prices and under such terms and conditions as are provided in the 10,067
bond proceedings; 10,068
(2) Other terms of the obligations; 10,070
(3) Limitations on the issuance of additional obligations; 10,072
(4) The terms of any trust agreement or indenture securing 10,074
the obligations or under which the obligations may be issued; 10,075
(5) The deposit, investment, and application of the coal 10,077
research and development bond service fund, and the safeguarding 10,078
of moneys on hand or on deposit, without regard to Chapter 131. 10,079
or 135. of the Revised Code, but subject to any special 10,080
provisions of this chapter, with respect to particular moneys; 10,081
provided, that any bank or trust company which acts as depository 10,082
of any moneys in the fund may furnish such indemnifying bonds or 10,083
may pledge such securities as required by the commissioners of 10,084
the sinking fund; 10,085
(6) Any other provision of the bond proceedings being 10,087
binding upon the commissioners of the sinking fund, or such other 10,088
218
body or person as may from time to time have the authority under 10,089
law to take such actions as may be necessary to perform all or 10,090
any part of the duty required by such provision; 10,091
(7) Any provision which may be made in a trust agreement 10,093
or indenture; 10,094
(8) Any other or additional agreements with the holders of 10,096
the obligations, or the trustee therefor, relating to the 10,097
obligations or the security therefor, including the assignment of 10,098
mortgages or other security obtained or to be obtained for loans 10,099
under this chapter. 10,100
(E) The obligations may have the great seal of the state 10,102
or a facsimile thereof affixed thereto or printed thereon. The 10,103
obligations shall be signed by such members of the commissioners 10,104
of the sinking fund as are designated in the resolution 10,105
authorizing the obligations or bear the facsimile signatures of 10,106
such members. Any coupons attached to the obligations shall bear 10,107
the facsimile signature of the treasurer of state. Any 10,108
obligations may be executed by the persons who, on the date of 10,109
execution, are the commissioners although on the date of such 10,110
bonds the persons were not the commissioners. Any coupons may be 10,111
executed by the person who, on the date of execution, is the 10,112
treasurer of state although on the date of such coupons the 10,113
person was not the treasurer of state. In case any officer or 10,114
commissioner whose signature or a facsimile of whose signature 10,115
appears on any such obligations or any coupons ceases to be such 10,116
officer or commissioner before delivery thereof, such signature 10,117
or facsimile is nevertheless valid and sufficient for all 10,118
purposes as if the individual had remained such officer or 10,119
commissioner until such delivery; and in case the seal to be 10,121
affixed to obligations has been changed after a facsimile of the 10,122
seal has been imprinted on such obligations, such facsimile seal 10,123
shall continue to be sufficient as to such obligations and 10,124
obligations issued in substitution or exchange therefor. 10,125
(F) All obligations except loan guarantees are negotiable 10,127
219
instruments and securities under Chapter 1308. of the Revised 10,128
Code, subject to the provisions of the bond proceedings as to 10,129
registration. The obligations may be issued in coupon or in 10,130
registered form, or both, as the commissioners of the sinking 10,131
fund determine. Provision may be made for the registration of 10,132
any obligations with coupons attached thereto as to principal 10,133
alone or as to both principal and interest, their exchange for 10,134
obligations so registered, and for the conversion or reconversion 10,135
into obligations with coupons attached thereto of any obligations 10,136
registered as to both principal and interest, and for reasonable 10,137
charges for such registration, exchange, conversion, and 10,138
reconversion. 10,139
(G) Obligations may be sold at public sale or at private 10,141
sale, as determined in the bond proceedings. 10,142
(H) Pending preparation of definitive obligations, the 10,144
commissioners of the sinking fund may issue interim receipts or 10,145
certificates which shall be exchanged for such definitive 10,146
obligations. 10,147
(I) In the discretion of the commissioners of the sinking 10,149
fund, obligations may be secured additionally by a trust 10,150
agreement or indenture between the commissioners and a corporate 10,151
trustee, which may be any trust company or bank having its 10,152
principal place of business within the state. Any such agreement 10,153
or indenture may contain the resolution authorizing the issuance 10,154
of the obligations, any provisions that may be contained in any 10,155
bond proceedings, and other provisions that are customary or 10,156
appropriate in an agreement or indenture of such type, including, 10,157
but not limited to: 10,158
(1) Maintenance of each pledge, trust agreement, 10,160
indenture, or other instrument comprising part of the bond 10,161
proceedings until the state has fully paid the bond service 10,162
charges on the obligations secured thereby, or provision therefor 10,163
has been made; 10,164
(2) In the event of default in any payments required to be 10,166
220
made by the bond proceedings, or any other agreement of the 10,167
commissioners of the sinking fund made as a part of the contract 10,168
under which the obligations were issued, enforcement of such 10,169
payments or agreement by mandamus, the appointment of a receiver, 10,170
suit in equity, action at law, or any combination of the 10,171
foregoing; 10,172
(3) The rights and remedies of the holders of obligations 10,174
and of the trustee, and provisions for protecting and enforcing 10,175
them, including limitations on rights of individual holders of 10,176
obligations; 10,177
(4) The replacement of any obligations that become 10,179
mutilated or are destroyed, lost, or stolen; 10,180
(5) Such other provisions as the trustee and the 10,182
commissioners of the sinking fund agree upon, including 10,183
limitations, conditions, or qualifications relating to any of the 10,184
foregoing. 10,185
(J) Any holder of obligations or a trustee under the bond 10,187
proceedings, except to the extent that his THE HOLDER'S rights 10,188
are restricted by the bond proceedings, may by any suitable form 10,189
of legal proceedings protect and enforce any rights under the 10,190
laws of this state or granted by such bond proceedings. Such 10,191
rights include the right to compel the performance of all duties 10,192
of the commissioners of the sinking fund, the director of 10,193
development or the Ohio coal development office required by this 10,194
chapter and Chapter 1551. of the Revised Code or the bond 10,195
proceedings; to enjoin unlawful activities; and in the event of 10,196
default with respect to the payment of any bond service charges 10,197
on any obligations or in the performance of any covenant or 10,198
agreement on the part of the commissioners, the director, or the 10,199
office in the bond proceedings, to apply to a court having 10,200
jurisdiction of the cause to appoint a receiver to receive and 10,201
administer the moneys pledged, other than those in the custody of 10,202
the treasurer of state, that are pledged to the payment of the 10,203
bond service charges on such obligations or that are the subject 10,204
221
of the covenant or agreement, with full power to pay, and to 10,205
provide for payment of bond service charges on, such obligations, 10,206
and with such powers, subject to the direction of the court, as 10,207
are accorded receivers in general equity cases, excluding any 10,208
power to pledge additional revenues or receipts or other income 10,209
or moneys of the commissioners of the sinking fund or the state 10,210
or governmental agencies of the state to the payment of such 10,211
principal and interest and excluding the power to take possession 10,212
of, mortgage, or cause the sale or otherwise dispose of any 10,213
project. 10,214
Each duty of the commissioners of the sinking fund and 10,216
their employees, and of each governmental agency and its 10,217
officers, members, or employees, undertaken pursuant to the bond 10,218
proceedings or any grant, loan, or loan guarantee agreement made 10,219
under authority of this chapter, and in every agreement by or 10,220
with the commissioners, is hereby established as a duty of the 10,221
commissioners, and of each such officer, member, or employee 10,222
having authority to perform such duty, specifically enjoined by 10,223
the law resulting from an office, trust, or station within the 10,224
meaning of section 2731.01 of the Revised Code. 10,225
The persons who are at the time the commissioners of the 10,227
sinking fund, or their employees, are not liable in their 10,228
personal capacities on any obligations issued by the 10,229
commissioners or any agreements of or with the commissioners. 10,230
(K) The commissioners of the sinking fund may authorize 10,232
and issue obligations for the refunding, including funding and 10,233
retirement, and advance refunding with or without payment or 10,234
redemption prior to maturity, of any obligations previously 10,235
issued by the commissioners. Such obligations may be issued in 10,236
amounts sufficient for payment of the principal amount of the 10,237
prior obligations, any redemption premiums thereon, principal 10,238
maturities of any such obligations maturing prior to the 10,239
redemption of the remaining obligations on a parity therewith, 10,240
interest accrued or to accrue to the maturity dates or dates of 10,241
222
redemption of such obligations, and any allowable costs including 10,242
expenses incurred or to be incurred in connection with such 10,243
issuance and such refunding, funding, and retirement. Subject to 10,244
the bond proceedings therefor, the portion of proceeds of the 10,245
sale of obligations issued under this division to be applied to 10,246
bond service charges on the prior obligations shall be credited 10,247
to an appropriate account held by the trustee for such prior or 10,248
new obligations or to the appropriate account in the coal 10,249
research and development bond service fund for such obligations. 10,250
Obligations authorized under this division are deemed to be 10,251
issued for those purposes for which such prior obligations were 10,252
issued and are subject to the provisions of this section 10,253
pertaining to other obligations, except as otherwise provided in 10,254
this section; provided that, unless otherwise authorized by the 10,255
general assembly, any limitations imposed by the general assembly 10,256
pursuant to this section with respect to bond service charges 10,257
applicable to the prior obligations applies to the obligations 10,258
issued under this division to refund, fund, advance refund, or 10,259
retire such prior obligations. 10,260
(L) The authority to issue obligations under this section 10,262
includes authority to issue obligations in the form of bond 10,263
anticipation notes and to renew the notes from time to time by 10,264
the issuance of new notes. The holders of such notes or interest 10,265
coupons pertaining thereto shall have a right to be paid solely 10,266
from the moneys that may be pledged to the payment of the bonds 10,267
anticipated, or from the proceeds of such bonds or renewal notes, 10,268
or both, as the commissioners of the sinking fund provide in any 10,269
resolution authorizing such notes. Such notes may be 10,270
additionally secured by covenants of the commissioners to the 10,271
effect that they and the state will do such or all things 10,272
necessary for the issuance of such bonds or renewal notes in 10,273
appropriate amount, and apply the proceeds thereof to the extent 10,274
necessary, to make full payment of the principal of and interest 10,275
on such notes at the time or times contemplated, as provided in 10,276
223
such resolution. For such purpose, the commissioners may issue 10,277
bonds or renewal notes in such principal amount and upon such 10,278
terms as may be necessary to provide funds to pay when required 10,279
the principal of and interest on such notes, notwithstanding any 10,280
limitations prescribed by or for purposes of this section except 10,281
the one-hundred-million-dollar limitation provided in Section 15 10,282
of Article VIII, Ohio Constitution. Subject to this division, 10,283
all provisions for and references to obligations in this section 10,284
apply to notes authorized under this division. 10,285
The commissioners of the sinking fund in the bond 10,287
proceedings authorizing the issuance of bond anticipation notes 10,288
shall set forth for such bonds an estimated interest rate and a 10,289
schedule of principal payments for such bonds and the annual 10,290
maturity dates thereof. 10,291
(M) Obligations issued under this section are lawful 10,293
investments for banks, societies for savings, savings and loan 10,294
associations, deposit guarantee associations, trust companies, 10,295
trustees, fiduciaries, insurance companies, including domestic 10,296
for life and domestic not for life, trustees or other officers 10,297
having charge of sinking and bond retirement or other special 10,298
funds of political subdivisions and taxing districts of this 10,299
state, the commissioners of the sinking fund of the state, the 10,300
administrator of workers' compensation, the state teachers 10,301
retirement system, the public employees retirement system, the 10,302
school employees retirement system, and the OHIO police and 10,303
firemen's disability and FIRE pension fund, notwithstanding any 10,305
other provisions of the Revised Code or rules adopted pursuant 10,307
thereto by any governmental agency of the state with respect to 10,308
investments by them, and are also acceptable as security for the 10,309
deposit of public moneys. 10,310
(N) If the law or the instrument creating a trust pursuant 10,312
to division (I) of this section expressly permits investment in 10,313
direct obligations of the United States or an agency of the 10,314
United States, unless expressly prohibited by the instrument, 10,316
224
such moneys also may be invested in no-front-end-load money 10,317
market mutual funds consisting exclusively of obligations of the 10,318
United States or an agency of the United States and in repurchase 10,320
agreements, including those issued by the fiduciary itself, 10,321
secured by obligations of the United States or an agency of the 10,322
United States; and in collective investment funds established in 10,324
accordance with section 1111.14 of the Revised Code and 10,326
consisting exclusively of any such securities, notwithstanding 10,327
division (A)(1)(c) of that section. The income from such 10,329
investments shall be credited to such funds as the commissioners 10,330
of the sinking fund determine, and such investments may be sold 10,331
at such times as the commissioners determine or authorize. 10,332
(O) Provision may be made in the applicable bond 10,334
proceedings for the establishment of separate accounts in the 10,335
bond service fund and for the application of such accounts only 10,336
to the specified bond service charges on obligations pertinent to 10,337
such accounts and bond service fund and for other accounts 10,338
therein within the general purposes of such fund. Moneys to the 10,339
credit of the bond service fund shall be disbursed on the order 10,340
of the treasurer of state; provided, that no such order is 10,341
required for the payment from the bond service fund when due of 10,342
bond service charges on obligations. 10,343
(P) The commissioners of the sinking fund may pledge all, 10,345
or such portion as they determine, of the receipts of the bond 10,346
service fund to the payment of bond service charges on 10,347
obligations issued under this section, and for the establishment 10,348
and maintenance of any reserves, as provided in the bond 10,349
proceedings, and make other provisions therein with respect to 10,350
pledged receipts as authorized by this chapter, which provisions 10,351
control notwithstanding any other provisions of law pertaining 10,352
thereto. 10,353
(Q) The commissioners of the sinking fund may covenant in 10,355
the bond proceedings, and any such covenants control 10,356
notwithstanding any other provision of law, that the state and 10,357
225
applicable officers and governmental agencies of the state, 10,358
including the general assembly, so long as any obligations are 10,360
outstanding, shall:
(1) Maintain statutory authority for and cause to be 10,362
levied and collected taxes so that the pledged receipts are 10,363
sufficient in amount to meet bond service charges, and the 10,364
establishment and maintenance of any reserves and other 10,365
requirements provided for in the bond proceedings, and, as 10,366
necessary, to meet covenants contained in any loan guarantees 10,367
made under this chapter; 10,368
(2) Take or permit no action, by statute or otherwise, 10,370
that would impair the exemption from federal income taxation of 10,371
the interest on the obligations. 10,372
(R) There is hereby created in the state treasury the coal 10,374
research and development bond service fund. All moneys received 10,375
by or on account of the state and required by the applicable bond 10,376
proceedings, consistent with this section, to be deposited, 10,377
transferred, or credited to the bond service fund, and all other 10,378
moneys transferred or allocated to or received for the purposes 10,379
of the fund, shall be credited to such fund and to any separate 10,380
accounts therein, subject to applicable provisions of the bond 10,381
proceedings, but without necessity for any act of appropriation. 10,382
During the period beginning with the date of the first issuance 10,383
of obligations and continuing during such time as any such 10,384
obligations are outstanding, and so long as moneys in the bond 10,385
service fund are insufficient to pay all bond service charges on 10,386
such obligations becoming due in each year, a sufficient amount 10,387
of moneys of the state except as provided in section 1555.12 of 10,388
the Revised Code are committed and shall be paid to the bond 10,389
service fund in each year for the purpose of paying the bond 10,390
service charges becoming due in that year without necessity for 10,391
further act of appropriation for such purpose. The bond service 10,392
fund is a trust fund and is hereby pledged to the payment of bond 10,393
service charges to the extent provided in the applicable bond 10,394
226
proceedings, and payment thereof from such fund shall be made or 10,395
provided for by the treasurer of state in accordance with such 10,396
bond proceedings without necessity for any act of appropriation. 10,397
All investment earnings of the fund shall be credited to the 10,398
fund. 10,399
(S) For purposes of establishing the limitations contained 10,401
in Section 15 of Article VIII, Ohio Constitution, the "principal 10,402
amount" refers to the aggregate of the offering price of the 10,403
bonds or notes. "Principal amount" does not refer to the 10,404
aggregate value at maturity or redemption of the bonds or notes. 10,405
Sec. 1557.03. (A)(1) The commissioners of the sinking 10,414
fund are authorized to issue and sell, as provided in this 10,415
section and in amounts from time to time authorized by the 10,416
general assembly, general obligations of this state for the 10,417
purpose of financing or assisting in the financing of the costs 10,418
of projects. The full faith and credit, revenues, and taxing 10,419
power of the state are and shall be pledged to the timely payment 10,420
of debt charges on outstanding obligations, all in accordance 10,421
with Section 2l of Article VIII, Ohio Constitution, and sections 10,422
1557.03 to 1557.05 of the Revised Code, excluding from that 10,423
pledge fees, excises, or taxes relating to the registration, 10,424
operation, or use of vehicles on the public highways, or to fuels 10,425
used for propelling those vehicles, and so long as such 10,426
obligations are outstanding there shall be levied and collected 10,427
excises and taxes, excluding those excepted above, in amount 10,428
sufficient to pay the debt charges on such obligations and 10,429
financing costs relating to credit enhancement facilities. 10,430
(2) For meetings of the commissioners of the sinking fund 10,432
pertaining to the obligations under this chapter, each of the 10,433
commissioners may designate an employee or officer of that 10,434
commissioner's office to attend meetings when that commissioner 10,435
is absent for any reason, and such designee, when present, shall 10,436
be counted in determining whether a quorum is present at any 10,437
meeting and may vote and participate in all proceedings and 10,438
227
actions of the commissioners at that meeting pertaining to the 10,439
obligations, provided, that such designee shall not execute or 10,440
cause a facsimile of his THE DESIGNEE'S signature to be placed on 10,442
any obligation, or execute any trust agreement or indenture of 10,443
the commissioners. Such designation shall be in writing, 10,444
executed by the designating member, and shall be filed with the 10,445
secretary of the commissioners and such designation may be 10,446
changed from time to time by a similar written designation. 10,447
(B) The total principal amount of obligations outstanding 10,449
at any one time shall not exceed two hundred million dollars, and 10,450
not more than fifty million dollars in principal amount of 10,451
obligations to pay costs of projects may be issued in any fiscal 10,452
year, all determined as provided in sections 1557.03 to 1557.05 10,453
of the Revised Code. 10,454
(C) The state may participate by grants or contributions 10,456
in financing projects under this section made by local government 10,457
entities. Of the proceeds of the first two hundred million 10,458
dollars principal amount in obligations issued under this section 10,459
to pay costs of projects, at least twenty per cent shall be 10,460
allocated in accordance with section 1557.06 of the Revised Code 10,461
to grants or contributions to local government entities. The 10,462
director of budget and management shall establish and maintain 10,463
records in such manner as to show that the proceeds credited to 10,464
the Ohio parks and natural resources fund have been expended for 10,465
the purposes and in accordance with the limitations set forth 10,466
herein. 10,467
(D) Each issue of obligations shall be authorized by 10,469
resolution of the commissioners of the sinking fund. The bond 10,470
proceedings shall provide for the principal amount or maximum 10,471
principal amount of obligations of an issue, and shall provide 10,472
for or authorize the manner or agency for determining the 10,473
principal maturity or maturities, not exceeding the earlier of 10,474
twenty-five years from the date the debt represented by the 10,475
particular obligations was originally contracted, the interest 10,476
228
rate or rates, the date of and the dates of payment of interest 10,477
on the obligations, their denominations, and the establishment 10,478
within or without the state of a place or places of payment of 10,479
debt charges. Sections 9.96 and 9.98 to 9.983 of the Revised 10,480
Code are applicable to the obligations. The purpose of the 10,481
obligations may be stated in the bond proceedings as "financing 10,482
or assisting in the financing of projects as provided in Section 10,483
2l of Article VIII, Ohio Constitution." 10,484
(E) The proceeds of the obligations, except for any 10,486
portion to be deposited in special funds, or in escrow funds for 10,487
the purpose of refunding outstanding obligations, all as may be 10,488
provided in the bond proceedings, shall be deposited in the Ohio 10,489
parks and natural resources fund established by section 1557.02 10,490
of the Revised Code. 10,491
(F) The commissioners of the sinking fund may appoint 10,493
paying agents, bond registrars, securities depositories, and 10,494
transfer agents, and may retain the services of financial 10,495
advisers and accounting experts, and retain or contract for the 10,496
services of marketing, remarketing, indexing, and administrative 10,497
agents, other consultants, and independent contractors, including 10,498
printing services, as are necessary in the judgment of the 10,499
commissioners to carry out sections 1557.01 to 1557.05 of the 10,500
Revised Code. Financing costs are payable, as provided in the 10,501
bond proceedings, from the proceeds of the obligations, from 10,502
special funds, or from other moneys available for the purpose. 10,503
(G) The bond proceedings, including any trust agreement, 10,505
may contain additional provisions customary or appropriate to the 10,506
financing or to the obligations or to particular obligations, 10,507
including, but not limited to: 10,508
(1) The redemption of obligations prior to maturity at the 10,510
option of the state or of the holder or upon the occurrence of 10,511
certain conditions at such price or prices and under such terms 10,512
and conditions as are provided in the bond proceedings; 10,513
(2) The form of and other terms of the obligations; 10,515
229
(3) The establishment, deposit, investment, and 10,517
application of special funds, and the safeguarding of moneys on 10,518
hand or on deposit, without regard to Chapter 131. or 135. of the 10,519
Revised Code, provided that any bank or trust company that acts 10,520
as a depository of any moneys in special funds may furnish such 10,521
indemnifying bonds or may pledge such securities as required by 10,522
the commissioners of the sinking fund; 10,523
(4) Any or every provision of the bond proceedings binding 10,525
upon the commissioners of the sinking fund and such state agency 10,526
or local government entities, officer, board, commission, 10,527
authority, agency, department, or other person or body as may 10,528
from time to time have the authority under law to take such 10,529
actions as may be necessary to perform all or any part of the 10,530
duty required by such provision; 10,531
(5) The maintenance of each pledge, any trust agreement, 10,533
or other instrument composing part of the bond proceedings until 10,534
the state has fully paid or provided for the payment of the debt 10,535
charges on the obligations or met other stated conditions; 10,536
(6) In the event of default in any payments required to be 10,538
made by the bond proceedings, or any other agreement of the 10,539
commissioners of the sinking fund made as part of a contract 10,540
under which the obligations were issued or secured, the 10,541
enforcement of such payments or agreements by mandamus, suit in 10,542
equity, action at law, or any combination of the foregoing; 10,543
(7) The rights and remedies of the holders of obligations 10,545
and of the trustee under any trust agreement, and provisions for 10,546
protecting and enforcing them, including limitations on rights of 10,547
individual holders of obligations; 10,548
(8) The replacement of any obligations that become 10,550
mutilated or are destroyed, lost, or stolen; 10,551
(9) Provision for the funding, refunding, or advance 10,553
refunding or other provision for payment of obligations which 10,554
will then no longer be or be deemed to be outstanding for 10,555
purposes of this section or of the bond proceedings; 10,556
230
(10) Any provision that may be made in bond proceedings or 10,559
a trust agreement, including provision for amendment of the bond 10,560
proceedings;
(11) Such other provisions as the commissioners of the 10,562
sinking fund determine, including limitations, conditions, or 10,563
qualifications relating to any of the foregoing; 10,564
(12) Any other or additional agreements with the holders 10,566
of the obligations relating to the obligations or the security 10,567
for the obligations. 10,568
(H) The great seal of the state or a facsimile of that 10,570
seal may be affixed to or printed on the obligations. The 10,571
obligations shall be signed by or bear the facsimile signatures 10,572
of two or more of the commissioners of the sinking fund as 10,573
provided in the bond proceedings. Any obligations may be signed 10,574
by the person who, on the date of execution, is the authorized 10,575
signer although on the date of such obligations such person was 10,576
not a commissioner. In case the individual whose signature or a 10,577
facsimile of whose signature appears on any obligation ceases to 10,578
be a commissioner before delivery of the obligation, such 10,579
signature or facsimile is nevertheless valid and sufficient for 10,580
all purposes as if the individual had remained the member until 10,582
such delivery, and in case the seal to be affixed to or printed 10,583
on obligations has been changed after the seal has been affixed 10,584
to or a facsimile of the seal has been printed on the 10,585
obligations, that seal or facsimile seal shall continue to be 10,586
sufficient as to those obligations and obligations issued in 10,587
substitution or exchange therefor. 10,588
(I) Obligations may be issued in coupon or in fully 10,590
registered form, or both, as the commissioners of the sinking 10,591
fund determine. Provision may be made for the registration of 10,592
any obligations with coupons attached as to principal alone or as 10,593
to both principal and interest, their exchange for obligations so 10,594
registered, and for the conversion or reconversion into 10,595
obligations with coupons attached of any obligations registered 10,596
231
as to both principal and interest, and for reasonable charges for 10,597
such registration, exchange, conversion, and reconversion. 10,598
Pending preparation of definitive obligations, the commissioners 10,599
of the sinking fund may issue interim receipts or certificates 10,600
which shall be exchanged for such definitive obligations. 10,601
(J) Obligations may be sold at public sale or at private 10,603
sale, and at such price at, above, or below par, as determined by 10,604
the commissioners of the sinking fund in the bond proceedings. 10,605
(K) In the discretion of the commissioners of the sinking 10,607
fund, obligations may be secured additionally by a trust 10,608
agreement between the state and a corporate trustee which may be 10,609
any trust company or bank having its principal place of business 10,610
within the state. Any trust agreement may contain the resolution 10,611
authorizing the issuance of the obligations, any provisions that 10,612
may be contained in the bond proceedings, and other provisions 10,613
that are customary or appropriate in an agreement of the type. 10,614
(L) Except to the extent that their rights are restricted 10,616
by the bond proceedings, any holder of obligations, or a trustee 10,617
under the bond proceedings, may by any suitable form of legal 10,618
proceedings protect and enforce any rights under the laws of this 10,619
state or granted by the bond proceedings. Such rights include 10,620
the right to compel the performance of all duties of the 10,621
commissioners and the state. Each duty of the commissioners and 10,622
employees of the commissioners, and of each state agency and 10,623
local public entity and its officers, members, or employees, 10,624
undertaken pursuant to the bond proceedings, is hereby 10,625
established as a duty of the commissioners, and of each such 10,626
agency, local government entity, officer, member, or employee 10,627
having authority to perform such duty, specifically enjoined by 10,628
the law and resulting from an office, trust, or station within 10,629
the meaning of section 2731.01 of the Revised Code. The persons 10,630
who are at the time the commissioners, or employees of the 10,631
commissioners, are not liable in their personal capacities on any 10,632
obligations or any agreements of or with the commissioners 10,633
232
relating to obligations or under the bond proceedings. 10,634
(M) The commissioners of the sinking fund may authorize 10,636
and issue obligations for the refunding, including funding and 10,637
retirement, and advance refunding with or without payment or 10,638
redemption prior to maturity, of any obligations previously 10,639
issued. Such refunding obligations may be issued in amounts 10,640
sufficient to pay or to provide for payment of the principal 10,641
amount, including principal amounts maturing prior to the 10,642
redemption of the remaining obligations, any redemption premium, 10,643
and interest and other accreted amounts accrued or to accrue to 10,644
the maturity or redemption date or dates, payable on the refunded 10,645
obligations, and related financing costs and any expenses 10,646
incurred or to be incurred in connection with such issuance and 10,647
refunding. Subject to the bond proceedings therefor, the portion 10,648
of the proceeds of the sale of refunding obligations issued under 10,649
this division to be applied to debt charges on the prior 10,650
obligations shall be credited to an appropriate separate account 10,651
in the bond service fund and held in trust for the purpose by the 10,652
commissioners or by a corporate trustee. Obligations authorized 10,653
under this division shall be considered to be issued for those 10,654
purposes for which such prior obligations were issued, and, 10,655
except as otherwise provided in sections 1557.03 to 1557.05 of 10,656
the Revised Code pertaining to other obligations. 10,657
(N) The commissioners of the sinking fund may authorize 10,659
and issue obligations in the form of bond anticipation notes and 10,660
renew those notes from time to time by the issuance of new notes. 10,661
The holders of such notes or appertaining interest coupons have 10,662
the right to have debt charges on those notes paid solely from 10,663
the moneys and special funds that are or may be pledged to the 10,664
payment of debt charges on those notes, including the proceeds of 10,665
such bonds or renewal notes, or both, as the commissioners 10,666
provide in the bond proceedings authorizing the notes. Such 10,667
notes may be additionally secured by covenants of the 10,668
commissioners to the effect that the commissioners and the state 10,669
233
will do such or all things necessary for the issuance of bonds or 10,670
renewal notes in appropriate amount, and apply the proceeds 10,671
thereof to the extent necessary, to make full and timely payment 10,672
of the debt charges on such notes as provided in such bond 10,673
proceedings. For such purposes, the commissioners may issue 10,674
bonds or renewal notes in such principal amount and upon such 10,675
terms as may be necessary to provide moneys to pay when due the 10,676
debt charges on such notes. Except as otherwise provided in 10,677
sections 1557.03 to 1557.05 of the Revised Code, notes authorized 10,678
pursuant to this division are subject to sections 1557.03 to 10,679
1557.05 of the Revised Code pertaining to other obligations. 10,680
The commissioners of the sinking fund shall set forth in 10,682
the bond proceedings authorizing the issuance of bond 10,683
anticipation notes an estimated schedule of annual principal 10,684
payments for the bonds anticipated by such notes over a period of 10,685
not to exceed the maximum period permitted by division (D) of 10,686
this section. While the notes are outstanding there shall be 10,687
deposited, as shall be provided in the bond proceedings for those 10,688
notes, from the sources authorized for payment of debt charges on 10,689
the bonds, amounts sufficient to pay the principal of the bonds 10,690
anticipated as set forth in that estimated schedule during the 10,691
time the notes are outstanding, which amounts shall be used 10,692
solely to pay the principal of those notes or of the bonds 10,693
anticipated. 10,694
(O) Refunding or renewal obligations issued pursuant to 10,696
division (M) or (N) of this section shall not be counted against 10,697
the limitation on principal amount provided for in division (B) 10,698
of this section and shall be in addition to the amount authorized 10,699
by the general assembly as provided for in division (A) of this 10,700
section, to the extent the principal amount of those obligations 10,701
does not exceed the then outstanding principal amount of the 10,702
obligations to be refunded, renewed, or retired. 10,703
(P) Obligations are lawful investments for banks, 10,705
societies for savings, savings and loan associations, deposit 10,706
234
guarantee associations, trust companies, trustees, fiduciaries, 10,707
insurance companies, including domestic for life and domestic not 10,708
for life, trustees or other officers having charge of sinking and 10,709
bond retirement or other special funds of political subdivisions 10,710
and taxing districts of this state, the commissioners of the 10,711
sinking fund, the administrator of workers' compensation, the 10,712
state teachers retirement system, the public employees retirement 10,714
system, the school employees retirement system, and the OHIO 10,715
police and firemen's disability and FIRE pension fund, 10,717
notwithstanding any other provisions of the Revised Code or rules 10,718
adopted pursuant thereto by any state agency with respect to 10,719
investments by them, and are also acceptable as security for the 10,720
deposit of public moneys.
(Q) Unless otherwise provided in any applicable bond 10,722
proceedings, moneys to the credit of or in the special funds 10,723
established by or pursuant to this section may be invested by or 10,724
on behalf of the commissioners of the sinking fund only in notes, 10,725
bonds, or other direct obligations of the United States or of any 10,726
agency or instrumentality of the United States, in obligations of 10,728
this state or any political subdivision of this state, in 10,729
certificates of deposit of any national bank located in this 10,730
state and any bank, as defined in section 1101.01 of the Revised 10,731
Code, subject to inspection by the superintendent of financial 10,732
institutions, in the Ohio subdivision's fund established pursuant 10,734
to section 135.45 of the Revised Code, in no-front-end-load money 10,735
market mutual funds consisting exclusively of direct obligations 10,736
of the United States or of an agency or instrumentality of the 10,737
United States, and in repurchase agreements, including those 10,739
issued by any fiduciary, secured by direct obligations of the 10,740
United States or an agency or instrumentality of the United 10,741
States, and in collective investment funds established in 10,742
accordance with section 1111.14 of the Revised Code and 10,744
consisting exclusively of direct obligations of the United States
or of an agency or instrumentality of the United States, 10,746
235
notwithstanding division (A)(1)(c) of that section. The income 10,747
from investments shall be credited to such special funds or 10,749
otherwise as the commissioners of the sinking fund determine in 10,750
the bond proceedings, and the investments may be sold or 10,751
exchanged at such times as the commissioners determine or 10,752
authorize.
(R) Unless otherwise provided in any applicable bond 10,754
proceedings, moneys to the credit of or in a special fund shall 10,755
be disbursed on the order of the commissioners of the sinking 10,756
fund, provided that no such order is required for the payment 10,757
from the bond service fund or other special fund when due of debt 10,758
charges or required payments under credit enhancement facilities. 10,759
(S) The commissioners of the sinking fund may covenant in 10,761
the bond proceedings, and any such covenants shall be controlling 10,762
notwithstanding any other provision of law, that the state and 10,763
the applicable officers and agencies of the state, including the 10,764
general assembly, so long as any obligations are outstanding in 10,766
accordance with their terms, shall maintain statutory authority 10,767
for and cause to be charged and collected taxes, excises, and 10,768
other receipts of the state so that the receipts to the bond 10,769
service fund shall be sufficient in amounts to meet debt charges 10,770
and for the establishment and maintenance of any reserves and 10,771
other requirements, including payment of the costs of credit
enhancement facilities, provided for in the bond proceedings. 10,772
(T) The obligations, the transfer thereof, and the 10,774
interest, other accreted amounts, and other income therefrom, 10,775
including any profit made on the sale thereof, at all times 10,776
shall be free from taxation, direct or indirect, within the 10,777
state.
Sec. 2329.66. (A) Every person who is domiciled in this 10,786
state may hold property exempt from execution, garnishment, 10,787
attachment, or sale to satisfy a judgment or order, as follows: 10,788
(1)(a) In the case of a judgment or order regarding money 10,790
owed for health care services rendered or health care supplies 10,791
236
provided to the person or a dependent of the person, one parcel 10,792
or item of real or personal property that the person or a 10,793
dependent of the person uses as a residence. Division (A)(1)(a) 10,794
of this section does not preclude, affect, or invalidate the 10,795
creation under this chapter of a judgment lien upon the exempted 10,796
property but only delays the enforcement of the lien until the 10,797
property is sold or otherwise transferred by the owner or in 10,798
accordance with other applicable laws to a person or entity other 10,799
than the surviving spouse or surviving minor children of the 10,800
judgment debtor. Every person who is domiciled in this state may 10,801
hold exempt from a judgment lien created pursuant to division 10,802
(A)(1)(a) of this section the person's interest, not to exceed 10,803
five thousand dollars, in the exempted property. 10,804
(b) In the case of all other judgments and orders, the 10,806
person's interest, not to exceed five thousand dollars, in one 10,807
parcel or item of real or personal property that the person or a 10,808
dependent of the person uses as a residence. 10,809
(2) The person's interest, not to exceed one thousand 10,811
dollars, in one motor vehicle; 10,812
(3) The person's interest, not to exceed two hundred 10,814
dollars in any particular item, in wearing apparel, beds, and 10,815
bedding, and the person's interest, not to exceed three hundred 10,816
dollars in each item, in one cooking unit and one refrigerator or 10,817
other food preservation unit; 10,818
(4)(a) The person's interest, not to exceed four hundred 10,820
dollars, in cash on hand, money due and payable, money to become 10,821
due within ninety days, tax refunds, and money on deposit with a 10,822
bank, savings and loan association, credit union, public utility, 10,823
landlord, or other person. Division (A)(4)(a) of this section 10,824
applies only in bankruptcy proceedings. This exemption may 10,825
include the portion of personal earnings that is not exempt under 10,826
division (A)(13) of this section. 10,827
(b) Subject to division (A)(4)(d) of this section, the 10,829
person's interest, not to exceed two hundred dollars in any 10,830
237
particular item, in household furnishings, household goods, 10,831
appliances, books, animals, crops, musical instruments, firearms, 10,832
and hunting and fishing equipment, that are held primarily for 10,833
the personal, family, or household use of the person; 10,834
(c) Subject to division (A)(4)(d) of this section, the 10,836
person's interest in one or more items of jewelry, not to exceed 10,837
four hundred dollars in one item of jewelry and not to exceed two 10,838
hundred dollars in every other item of jewelry; 10,839
(d) Divisions (A)(4)(b) and (c) of this section do not 10,841
include items of personal property listed in division (A)(3) of 10,842
this section. 10,843
If the person does not claim an exemption under division 10,845
(A)(1) of this section, the total exemption claimed under 10,846
division (A)(4)(b) of this section shall be added to the total 10,847
exemption claimed under division (A)(4)(c) of this section, and 10,848
the total shall not exceed two thousand dollars. If the person 10,849
claims an exemption under division (A)(1) of this section, the 10,850
total exemption claimed under division (A)(4)(b) of this section 10,851
shall be added to the total exemption claimed under division 10,852
(A)(4)(c) of this section, and the total shall not exceed one 10,853
thousand five hundred dollars. 10,854
(5) The person's interest, not to exceed an aggregate of 10,856
seven hundred fifty dollars, in all implements, professional 10,857
books, or tools of the person's profession, trade, or business, 10,858
including agriculture; 10,860
(6)(a) The person's interest in a beneficiary fund set 10,862
apart, appropriated, or paid by a benevolent association or 10,863
society, as exempted by section 2329.63 of the Revised Code; 10,864
(b) The person's interest in contracts of life or 10,866
endowment insurance or annuities, as exempted by section 3911.10 10,867
of the Revised Code; 10,868
(c) The person's interest in a policy of group insurance 10,870
or the proceeds of a policy of group insurance, as exempted by 10,871
section 3917.05 of the Revised Code; 10,872
238
(d) The person's interest in money, benefits, charity, 10,874
relief, or aid to be paid, provided, or rendered by a fraternal 10,875
benefit society, as exempted by section 3921.18 of the Revised 10,876
Code; 10,877
(e) The person's interest in the portion of benefits under 10,879
policies of sickness and accident insurance and in lump-sum 10,880
payments for dismemberment and other losses insured under those 10,881
policies, as exempted by section 3923.19 of the Revised Code. 10,882
(7) The person's professionally prescribed or medically 10,884
necessary health aids; 10,885
(8) The person's interest in a burial lot, including, but 10,887
not limited to, exemptions under section 517.09 or 1721.07 of the 10,888
Revised Code; 10,889
(9) The person's interest in the following: 10,891
(a) Moneys paid or payable for living maintenance or 10,893
rights, as exempted by section 3304.19 of the Revised Code; 10,894
(b) Workers' compensation, as exempted by section 4123.67 10,897
of the Revised Code; 10,898
(c) Unemployment compensation benefits, as exempted by 10,900
section 4141.32 of the Revised Code; 10,901
(d) Cash assistance payments under the Ohio works first 10,903
program, as exempted by section 5107.75 of the Revised Code; 10,905
(e) Disability assistance payments, as exempted by section 10,907
5115.07 of the Revised Code. 10,908
(10)(a) Except in cases in which the person was convicted 10,910
of or pleaded guilty to a violation of section 2921.41 of the 10,911
Revised Code and in which an order for the withholding of 10,912
restitution from payments was issued under division (C)(2)(b) of 10,913
that section or in cases in which an order for withholding was 10,914
issued under section 2907.15 of the Revised Code, and only to the 10,915
extent provided in the order, and except as provided in sections 10,919
3105.171, 3105.63, 3111.23, and 3113.21 of the Revised Code, the 10,921
person's right to a pension, benefit, annuity, retirement 10,922
allowance, or accumulated contributions, the person's right to a 10,923
239
participant account in any deferred compensation program offered 10,924
by the Ohio public employees deferred compensation board, a 10,925
government unit, or a municipal corporation, or the person's 10,926
other accrued or accruing rights, as exempted by section 145.56, 10,927
145.75, 146.13, 742.47, 3307.71, 3309.66, or 5505.22 of the 10,928
Revised Code, and the person's right to benefits from the firemen 10,929
and policemen's OHIO PUBLIC SAFETY OFFICERS death benefit fund; 10,931
(b) Except as provided in sections 3111.23 and 3113.21 of 10,934
the Revised Code, the person's right to receive a payment under 10,935
any pension, annuity, or similar plan or contract, not including 10,936
a payment from a stock bonus or profit-sharing plan or a payment 10,937
included in division (A)(6)(b) or (10)(a) of this section, on 10,938
account of illness, disability, death, age, or length of service, 10,939
to the extent reasonably necessary for the support of the person 10,940
and any of the person's dependents, except if all the following 10,941
apply: 10,942
(i) The plan or contract was established by or under the 10,944
auspices of an insider that employed the person at the time the 10,945
person's rights under the plan or contract arose. 10,946
(ii) The payment is on account of age or length of 10,948
service. 10,949
(iii) The plan or contract is not qualified under the 10,951
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 10,952
amended. 10,953
(c) Except for any portion of the assets that were 10,955
deposited for the purpose of evading the payment of any debt and 10,956
except as provided in sections 3111.23 and 3113.21 of the Revised 10,958
Code, the person's right in the assets held in, or to receive any 10,960
payment under, any individual retirement account, individual 10,961
retirement annuity, "Roth IRA," or education individual 10,962
retirement account that provides benefits by reason of illness, 10,964
disability, death, or age, to the extent that the assets, 10,965
payments, or benefits described in division (A)(10)(c) of this 10,966
section are attributable to any of the following: 10,967
240
(i) Contributions of the person that were less than or 10,970
equal to the applicable limits on deductible contributions to an 10,971
individual retirement account or individual retirement annuity in 10,972
the year that the contributions were made, whether or not the 10,973
person was eligible to deduct the contributions on the person's 10,974
federal tax return for the year in which the contributions were 10,975
made;
(ii) Contributions of the person that were less than or 10,978
equal to the applicable limits on contributions to a Roth IRA or 10,979
education individual retirement account in the year that the 10,980
contributions were made;
(iii) Contributions of the person that are within the 10,983
applicable limits on rollover contributions under subsections 10,984
219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 10,985
408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue 10,988
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 10,990
(d) Except for any portion of the assets that were 10,993
deposited for the purpose of evading the payment of any debt and 10,994
except as provided in sections 3111.23 and 3113.21 of the Revised 10,995
Code, the person's right in the assets held in, or to receive any 10,996
payment under, any Keogh or "H.R. 10" plan that provides benefits 10,997
by reason of illness, disability, death, or age, to the extent 10,998
reasonably necessary for the support of the person and any of the 10,999
person's dependents. 11,000
(11) The person's right to receive spousal support, child 11,002
support, an allowance, or other maintenance to the extent 11,003
reasonably necessary for the support of the person and any of the 11,004
person's dependents; 11,006
(12) The person's right to receive, or moneys received 11,008
during the preceding twelve calendar months from, any of the 11,009
following: 11,010
(a) An award of reparations under sections 2743.51 to 11,012
2743.72 of the Revised Code, to the extent exempted by division 11,013
(D) of section 2743.66 of the Revised Code; 11,014
241
(b) A payment on account of the wrongful death of an 11,016
individual of whom the person was a dependent on the date of the 11,017
individual's death, to the extent reasonably necessary for the 11,018
support of the person and any of the person's dependents; 11,019
(c) Except in cases in which the person who receives the 11,021
payment is an inmate, as defined in section 2969.21 of the 11,022
Revised Code, and in which the payment resulted from a civil 11,023
action or appeal against a government entity or employee, as 11,024
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 11,026
injury, not including pain and suffering or compensation for 11,027
actual pecuniary loss, of the person or an individual for whom 11,028
the person is a dependent;
(d) A payment in compensation for loss of future earnings 11,030
of the person or an individual of whom the person is or was a 11,031
dependent, to the extent reasonably necessary for the support of 11,032
the debtor and any of the debtor's dependents. 11,033
(13) Except as provided in sections 3111.23 and 3113.21 of 11,036
the Revised Code, personal earnings of the person owed to the
person for services in an amount equal to the greater of the 11,037
following amounts: 11,038
(a) If paid weekly, thirty times the current federal 11,040
minimum hourly wage; if paid biweekly, sixty times the current 11,041
federal minimum hourly wage; if paid semimonthly, sixty-five 11,042
times the current federal minimum hourly wage; or if paid 11,043
monthly, one hundred thirty times the current federal minimum 11,044
hourly wage that is in effect at the time the earnings are 11,045
payable, as prescribed by the "Fair Labor Standards Act of 1938," 11,046
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 11,047
(b) Seventy-five per cent of the disposable earnings owed 11,049
to the person. 11,050
(14) The person's right in specific partnership property, 11,052
as exempted by division (B)(3) of section 1775.24 of the Revised 11,053
Code; 11,054
242
(15) A seal and official register of a notary public, as 11,056
exempted by section 147.04 of the Revised Code; 11,057
(16) The person's interest in a tuition credit or a 11,059
payment under section 3334.09 of the Revised Code pursuant to a 11,060
tuition credit contract, as exempted by section 3334.15 of the 11,061
Revised Code;
(17) Any other property that is specifically exempted from 11,063
execution, attachment, garnishment, or sale by federal statutes 11,064
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 11,065
U.S.C.A. 101, as amended; 11,066
(18) The person's interest, not to exceed four hundred 11,068
dollars, in any property, except that division (A)(18) of this 11,069
section applies only in bankruptcy proceedings. 11,070
(B) As used in this section: 11,072
(1) "Disposable earnings" means net earnings after the 11,074
garnishee has made deductions required by law, excluding the 11,075
deductions ordered pursuant to section 3111.23 or 3113.21 of the 11,077
Revised Code. 11,078
(2) "Insider" means: 11,080
(a) If the person who claims an exemption is an 11,082
individual, a relative of the individual, a relative of a general 11,083
partner of the individual, a partnership in which the individual 11,084
is a general partner, a general partner of the individual, or a 11,085
corporation of which the individual is a director, officer, or in 11,086
control; 11,087
(b) If the person who claims an exemption is a 11,089
corporation, a director or officer of the corporation; a person 11,090
in control of the corporation; a partnership in which the 11,091
corporation is a general partner; a general partner of the 11,092
corporation; or a relative of a general partner, director, 11,093
officer, or person in control of the corporation; 11,094
(c) If the person who claims an exemption is a 11,096
partnership, a general partner in the partnership; a general 11,097
partner of the partnership; a person in control of the 11,098
243
partnership; a partnership in which the partnership is a general 11,099
partner; or a relative in, a general partner of, or a person in 11,100
control of the partnership; 11,101
(d) An entity or person to which or whom any of the 11,103
following applies: 11,104
(i) The entity directly or indirectly owns, controls, or 11,106
holds with power to vote, twenty per cent or more of the 11,107
outstanding voting securities of the person who claims an 11,108
exemption, unless the entity holds the securities in a fiduciary 11,109
or agency capacity without sole discretionary power to vote the 11,110
securities or holds the securities solely to secure to debt and 11,111
the entity has not in fact exercised the power to vote. 11,112
(ii) The entity is a corporation, twenty per cent or more 11,114
of whose outstanding voting securities are directly or indirectly 11,115
owned, controlled, or held with power to vote, by the person who 11,116
claims an exemption or by an entity to which division 11,117
(B)(2)(d)(i) of this section applies. 11,118
(iii) A person whose business is operated under a lease or 11,120
operating agreement by the person who claims an exemption, or a 11,121
person substantially all of whose business is operated under an 11,122
operating agreement with the person who claims an exemption. 11,123
(iv) The entity operates the business or all or 11,125
substantially all of the property of the person who claims an 11,126
exemption under a lease or operating agreement. 11,127
(e) An insider, as otherwise defined in this section, of a 11,129
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 11,130
(iv) of this section applies, as if the person or entity were a 11,131
person who claims an exemption; 11,132
(f) A managing agent of the person who claims an 11,134
exemption. 11,135
(3) "Participant account" has the same meaning as in 11,137
section 145.71 of the Revised Code. 11,138
(4) "Government unit" has the same meaning as in section 11,140
145.74 of the Revised Code. 11,141
244
(C) For purposes of this section, "interest" shall be 11,143
determined as follows: 11,144
(1) In bankruptcy proceedings, as of the date a petition 11,146
is filed with the bankruptcy court commencing a case under Title 11,147
11 of the United States Code; 11,148
(2) In all cases other than bankruptcy proceedings, as of 11,150
the date of an appraisal, if necessary under section 2329.68 of 11,151
the Revised Code, or the issuance of a writ of execution. 11,152
An interest, as determined under division (C)(1) or (2) of 11,154
this section, shall not include the amount of any lien otherwise 11,155
valid pursuant to section 2329.661 of the Revised Code. 11,156
Sec. 2907.15. (A) As used in this section: 11,165
(1) "Public retirement system" means the public employees 11,168
retirement system, state teachers retirement system, school
employees retirement system, OHIO police and firemen's disability 11,170
and FIRE pension fund, state highway patrol retirement system, or 11,172
a municipal retirement system of a municipal corporation of this 11,173
state.
(2) "Government deferred compensation program" means such 11,175
a program offered by the Ohio public employees deferred 11,177
compensation board; a municipal corporation; or A governmental 11,178
unit, as defined in section 145.74 of the Revised Code. 11,179
(3) "Deferred compensation program participant" means a 11,181
"participating employee" or "continuing member," as defined in 11,182
section 145.71 of the Revised Code, or any other public employee 11,184
who has funds in a government deferred compensation program.
(4) "Prosecutor" has the same meaning as in section 11,186
2935.01 of the Revised Code. 11,187
In any case in which a sentencing court orders restitution 11,190
to the victim under section 2929.18 of the Revised Code for a 11,191
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 11,193
compensation program participant or is a member of, or receiving 11,194
a pension, benefit, or allowance, other than a survivorship 11,196
245
benefit, from, a public retirement system and committed the 11,197
offense against a child, student, patient, or other person with 11,198
whom the offender had contact in the context of the offender's 11,199
public employment, at the request of the victim the prosecutor
shall file a motion with the sentencing court specifying the 11,201
government deferred compensation program or public retirement 11,202
system and requesting that the court issue an order requiring the 11,203
government deferred compensation program or public retirement 11,204
system to withhold the amount required as restitution from one or 11,205
more of the following: any payment to be made from a government 11,206
deferred compensation program or under a pension, annuity, 11,207
allowance, or any other benefit, other than a survivorship
benefit, that has been or is in the future granted to the 11,209
offender; from any payment of accumulated employee contributions 11,210
standing to the offender's credit with the government deferred 11,211
compensation program or public retirement system; or from any 11,212
payment of any other amounts to be paid to the offender pursuant
to Chapter 145., 742., 3307., 3309., or 5505. of the Revised Code 11,213
on withdrawal of contributions. The motion may be filed at any 11,215
time subsequent to the conviction of the offender or entry of a 11,216
guilty plea. On the filing of the motion, the clerk of the court 11,217
in which the motion is filed shall notify the offender and the 11,218
government deferred compensation program or public retirement 11,219
system, in writing, of all of the following: that the motion was 11,220
filed; that the offender will be granted a hearing on the 11,221
issuance of the requested order if the offender files a written 11,222
request for a hearing with the clerk prior to the expiration of 11,223
thirty days after the offender receives the notice; that, if a 11,224
hearing is requested, the court will schedule a hearing as soon 11,225
as possible and notify the offender and the government deferred 11,226
compensation program or public retirement system of the date, 11,227
time, and place of the hearing; that, if a hearing is conducted, 11,228
it will be limited to a consideration of whether the offender can 11,229
show good cause why the order should not be issued; that, if a 11,230
246
hearing is conducted, the court will not issue the order if the 11,231
court determines, based on evidence presented at the hearing by 11,232
the offender, that there is good cause for the order not to be 11,234
issued; that the court will issue the order if a hearing is not 11,235
requested or if a hearing is conducted but the court does not 11,236
determine, based on evidence presented at the hearing by the 11,237
offender, that there is good cause for the order not to be 11,238
issued; and that, if the order is issued, the government deferred 11,239
compensation program or public retirement system specified in the 11,240
motion will be required to withhold the amount required as 11,241
restitution from payments to the offender.
(B) In any case in which a motion requesting the issuance 11,244
of a withholding order as described in division (A) of this 11,245
section is filed, the offender may receive a hearing on the 11,246
motion by delivering a written request for a hearing to the court 11,247
prior to the expiration of thirty days after the offender's 11,248
receipt of the notice provided pursuant to division (A) of this 11,249
section. If the offender requests a hearing within the 11,251
prescribed time, the court shall schedule a hearing as soon as 11,252
possible after the request is made and notify the offender and 11,253
the government deferred compensation program or public retirement
system of the date, time, and place of the hearing. A hearing 11,254
scheduled under this division shall be limited to a consideration 11,255
of whether there is good cause, based on evidence presented by 11,256
the offender, for the requested order not to be issued. If the 11,257
court determines, based on evidence presented by the offender, 11,258
that there is good cause for the order not to be issued, the 11,259
court shall deny the motion and shall not issue the order. Good 11,261
cause for not issuing the order includes a determination by the
court that the order would severely impact the offender's ability 11,262
to support the offender's dependents. 11,263
If the offender does not request a hearing within the 11,265
prescribed time or the court conducts a hearing but does not 11,266
determine, based on evidence presented by the offender, that 11,267
247
there is good cause for the order not to be issued, the court 11,268
shall order the government deferred compensation program or 11,269
public retirement system, to withhold the amount required as 11,270
restitution from one or more of the following: any payments to 11,271
be made from a government deferred compensation program or under 11,272
a pension, annuity, allowance, or under any other benefit, other 11,273
than a survivorship benefit, that has been or is in the future 11,275
granted to the offender; from any payment of accumulated employee 11,276
contributions standing to the offender's credit with the 11,277
government deferred compensation program or public retirement
system; or from any payment of any other amounts to be paid to 11,279
the offender upon withdrawal of contributions pursuant to Chapter 11,280
145., 742., 3307., 3309., or 5505. of the Revised Code and to 11,281
continue the withholding for that purpose, in accordance with the 11,283
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 11,284
receipt of an order issued under this division, the government 11,285
deferred compensation program or public retirement system shall 11,286
withhold the amount required as restitution, in accordance with 11,287
the order, from any such payments and immediately forward the 11,288
amount withheld to the clerk of the court in which the order was 11,289
issued for payment to the person to whom restitution is to be 11,290
made. The order shall not apply to any portion of payments made 11,291
from a government deferred compensation program or public
retirement system to a person other than the offender pursuant to 11,292
a previously issued domestic court order. 11,293
(C) Service of a notice required by division (A) or (B) of 11,296
this section shall be effected in the same manner as provided in 11,297
the Rules of Civil Procedure for the service of process. 11,299
(D) Upon the filing of charges under section 2907.02, 11,301
2907.03, 2907.04, or 2907.05 of the Revised Code against a person 11,303
who is a deferred compensation program participant or a member 11,304
of, or receiving a pension benefit, or allowance, other than a 11,305
survivorship benefit, from a public retirement system for an 11,306
248
offense against a child, student, patient, or other person with 11,307
whom the offender had contact in the context of the offender's 11,308
public employment, the prosecutor shall send written notice that 11,309
charges have been filed against that person to the appropriate
government deferred compensation program or public retirement 11,311
system. The notice shall specifically identify the person
charged.
Sec. 2921.41. (A) No public official or party official 11,319
shall commit any theft offense, as defined in division (K) of 11,320
section 2913.01 of the Revised Code, when either of the following 11,321
applies: 11,322
(1) The offender uses the offender's office in aid of 11,324
committing the offense or permits or assents to its use in aid of 11,325
committing the offense; 11,326
(2) The property or service involved is owned by this 11,328
state, any other state, the United States, a county, a municipal 11,329
corporation, a township, or any political subdivision, 11,330
department, or agency of any of them, is owned by a political 11,331
party, or is part of a political campaign fund. 11,332
(B) Whoever violates this section is guilty of theft in 11,334
office. Except as otherwise provided in this division, theft in 11,335
office is a felony of the fifth degree. If the value of property 11,336
or services stolen is five hundred dollars or more and is less 11,337
than five thousand dollars, theft in office is a felony of the 11,338
fourth degree. If the value of property or services stolen is 11,339
five thousand dollars or more, theft in office is a felony of the 11,340
third degree. 11,341
(C)(1) A public official or party official who is 11,343
convicted of or pleads guilty to theft in office is forever 11,344
disqualified from holding any public office, employment, or 11,345
position of trust in this state. 11,346
(2)(a) A court that imposes sentence for a violation of 11,348
this section based on conduct described in division (A)(2) of 11,349
this section shall require the public official or party official 11,350
249
who is convicted of or pleads guilty to the offense to make 11,351
restitution for all of the property or the service that is the 11,352
subject of the offense, in addition to the term of imprisonment 11,353
and any fine imposed. A court that imposes sentence for a 11,354
violation of this section based on conduct described in division 11,355
(A)(1) of this section and that determines at trial that this 11,356
state or a political subdivision of this state if the offender is 11,357
a public official, or a political party in the United States or 11,358
this state if the offender is a party official, suffered actual 11,359
loss as a result of the offense shall require the offender to 11,360
make restitution to the state, political subdivision, or 11,361
political party for all of the actual loss experienced, in 11,362
addition to the term of imprisonment and any fine imposed. 11,363
(b)(i) In any case in which a sentencing court is required 11,365
to order restitution under division (C)(2)(a) of this section and 11,366
in which the offender, at the time of the commission of the 11,367
offense or at any other time, was a member of the public 11,368
employees retirement system, the OHIO police and firemen's 11,369
disability and FIRE pension fund, the state teachers retirement 11,371
system, the school employees retirement system, or the state 11,372
highway patrol retirement system; was an electing employee, as 11,373
defined in section 3305.01 of the Revised Code, participating in 11,375
an alternative retirement plan provided pursuant to Chapter 3305. 11,377
of the Revised Code; was a participating employee or continuing 11,378
member, as defined in section 145.71 of the Revised Code, in a 11,379
deferred compensation program offered by the Ohio public 11,380
employees deferred compensation board; was an officer or employee 11,382
of a municipal corporation who was a participant in a deferred 11,383
compensation program offered by that municipal corporation; was 11,384
an officer or employee of a government unit;, as defined in 11,386
section 145.74 of the Revised Code, who was a participant in a 11,387
deferred compensation program offered by that government unit, or 11,388
was a participating employee, continuing member, or participant 11,389
in any deferred compensation program described in this division 11,390
250
and a member of a retirement system specified in this division or 11,391
a retirement system of a municipal corporation, the entity to 11,392
which restitution is to be made may file a motion with the 11,393
sentencing court specifying any retirement system, any entity 11,394
providing any benefit under an alternative retirement plan, and 11,395
any deferred compensation program of which the offender was a 11,396
member, electing employee, participating employee, continuing 11,397
member, or participant and requesting the court to issue an order 11,398
requiring the specified retirement system, the specified entity 11,399
providing the benefit under the alternative retirement plan, or 11,400
the specified deferred compensation program, or, if more than one 11,401
is specified in the motion, the applicable combination of these, 11,402
to withhold the amount required as restitution from any payment 11,404
that is to be made under a pension, annuity, or allowance, under 11,405
a participant account, as defined in section 145.71 of the 11,406
Revised Code, or under any other type of benefit, other than a 11,407
survivorship benefit, that has been or is in the future granted 11,408
to the offender, from any payment of accumulated employee 11,409
contributions standing to the offender's credit with that 11,410
retirement system, that entity providing the payment under the 11,411
alternative retirement plan, or that deferred compensation
program, or, if more than one is specified in the motion, the 11,413
applicable combination of these, and from any payment of any 11,415
other amounts to be paid to the offender upon the offender's
withdrawal of the offender's contributions pursuant to Chapter 11,416
145., 742., 3307., 3309., or 5505. of the Revised Code. A motion 11,417
described in this division may be filed at any time subsequent to 11,418
the conviction of the offender or entry of a guilty plea. Upon 11,419
the filing of the motion, the clerk of the court in which the 11,420
motion is filed shall notify the offender, the specified 11,421
retirement system, the specified entity providing the benefit 11,422
under the alternative retirement plan, or the specified deferred 11,423
compensation program, or, if more than one is specified in the 11,424
motion, the applicable combination of these, in writing, of all 11,426
251
of the following: that the motion was filed; that the offender 11,427
will be granted a hearing on the issuance of the requested order 11,428
if the offender files a written request for a hearing with the 11,429
clerk prior to the expiration of thirty days after the offender 11,430
receives the notice; that, if a hearing is requested, the court 11,431
will schedule a hearing as soon as possible and notify the 11,432
offender, any specified retirement system, any specified entity 11,433
providing any benefit under an alternative retirement plan, and 11,434
any specified deferred compensation program of the date, time, 11,435
and place of the hearing; that, if a hearing is conducted, it 11,436
will be limited only to a consideration of whether the offender 11,437
can show good cause why the requested order should not be issued; 11,438
that, if a hearing is conducted, the court will not issue the 11,439
requested order if the court determines, based on evidence 11,440
presented at the hearing by the offender, that there is good 11,441
cause for the requested order not to be issued; that the court 11,442
will issue the requested order if a hearing is not requested or 11,443
if a hearing is conducted but the court does not determine, based 11,444
on evidence presented at the hearing by the offender, that there 11,445
is good cause for the requested order not to be issued; and that, 11,446
if the requested order is issued, any retirement system, any 11,447
entity providing any benefit under an alternative retirement 11,448
plan, and any deferred compensation program specified in the 11,449
motion will be required to withhold the amount required as 11,450
restitution from payments to the offender. 11,451
(ii) In any case in which a sentencing court is required 11,453
to order restitution under division (C)(2)(a) of this section and 11,454
in which a motion requesting the issuance of a withholding order 11,455
as described in division (C)(2)(b)(i) of this section is filed, 11,456
the offender may receive a hearing on the motion by delivering a 11,457
written request for a hearing to the court prior to the 11,458
expiration of thirty days after the offender's receipt of the 11,459
notice provided pursuant to division (C)(2)(b)(i) of this 11,460
section. If a request for a hearing is made by the offender 11,461
252
within the prescribed time, the court shall schedule a hearing as 11,462
soon as possible after the request is made and shall notify the 11,463
offender, the specified retirement system, the specified entity 11,464
providing the benefit under the alternative retirement plan, or 11,465
the specified deferred compensation program, or, if more than one 11,467
is specified in the motion, the applicable combination of these, 11,469
of the date, time, and place of the hearing. A hearing scheduled 11,470
under this division shall be limited to a consideration of 11,471
whether there is good cause, based on evidence presented by the 11,472
offender, for the requested order not to be issued. If the court 11,473
determines, based on evidence presented by the offender, that 11,474
there is good cause for the order not to be issued, the court 11,475
shall deny the motion and shall not issue the requested order. 11,476
If the offender does not request a hearing within the prescribed 11,477
time or if the court conducts a hearing but does not determine, 11,478
based on evidence presented by the offender, that there is good 11,479
cause for the order not to be issued, the court shall order the 11,480
specified retirement system, the specified entity providing the 11,481
benefit under the alternative retirement plan, or the specified 11,482
deferred compensation program, or, if more than one is specified 11,483
in the motion, the applicable combination of these, to withhold 11,485
the amount required as restitution under division (C)(2)(a) of 11,486
this section from any payments to be made under a pension, 11,487
annuity, or allowance, under a participant account, as defined in 11,488
section 145.71 of the Revised Code, or under any other type of 11,489
benefit, other than a survivorship benefit, that has been or is 11,490
in the future granted to the offender, from any payment of 11,491
accumulated employee contributions standing to the offender's 11,492
credit with that retirement system, that entity providing the 11,493
benefit under the alternative retirement plan, or that deferred 11,494
compensation program, or, if more than one is specified in the 11,495
motion, the applicable combination of these, and from any payment 11,497
of any other amounts to be paid to the offender upon the 11,498
offender's withdrawal of the offender's contributions pursuant to 11,499
253
Chapter 145., 742., 3307., 3309., or 5505. of the Revised Code, 11,500
and to continue the withholding for that purpose, in accordance 11,501
with the order, out of each payment to be made on or after the 11,502
date of issuance of the order, until further order of the court. 11,503
Upon receipt of an order issued under this division, the public 11,504
employees retirement system, the OHIO police and firemen's 11,505
disability and FIRE pension fund, the state teachers retirement 11,507
system, the school employees retirement system, the state highway 11,508
patrol retirement system, a municipal corporation retirement 11,509
system, the entity providing the benefit under the alternative 11,510
retirement plan, and the deferred compensation program offered by 11,511
the Ohio public employees deferred compensation board, a 11,512
municipal corporation, or a government unit, as defined in 11,513
section 145.74 of the Revised Code, whichever are applicable, 11,514
shall withhold the amount required as restitution, in accordance 11,515
with the order, from any such payments and immediately shall 11,516
forward the amount withheld to the clerk of the court in which 11,517
the order was issued for payment to the entity to which 11,518
restitution is to be made.
(iii) Service of a notice required by division 11,520
(C)(2)(b)(i) or (ii) of this section shall be effected in the 11,521
same manner as provided in the Rules of Civil Procedure for the 11,522
service of process. 11,523
(D) Upon the filing of charges against a person under this 11,525
section, the prosecutor, as defined in section 2935.01 of the 11,526
Revised Code, who is assigned the case shall send written notice 11,527
that charges have been filed against that person to the public 11,528
employees retirement system, the OHIO police and firemen's 11,529
disability and FIRE pension fund, the state teachers retirement 11,531
system, the school employees retirement system, the state highway 11,532
patrol retirement system, the entity providing any benefit under 11,533
an alternative retirement plan, any municipal corporation 11,534
retirement system in this state, and the deferred compensation 11,535
program offered by the Ohio public employees deferred 11,536
254
compensation board, a municipal corporation, or a government 11,537
unit, as defined in section 145.74 of the Revised Code. The 11,538
written notice shall specifically identify the person charged. 11,539
Sec. 3111.20. (A) As used in sections 3111.20 to 3111.29 11,548
of the Revised Code: 11,549
(1) "Obligor" means the person required to pay support 11,551
under an administrative support order. 11,552
(2) "Obligee" means the person entitled to receive the 11,554
support payments under an administrative support order. 11,555
(3) "Administrative support order" means an administrative 11,557
order for the payment of support that is issued by a child 11,558
support enforcement agency. 11,559
(4) "Support" means child support. 11,561
(5) "Personal earnings" means compensation paid or payable 11,563
for personal services, however denominated, and includes, but is 11,564
not limited to, wages, salary, commissions, bonuses, draws 11,565
against commissions, profit sharing, and vacation pay. 11,566
(6) "Financial institution" means a bank, savings and loan 11,568
association, or credit union, or a regulated investment company 11,569
or mutual fund in which a person who is required to pay support 11,570
has funds on deposit that are not exempt under the law of this 11,571
state or the United States from execution, attachment, or other 11,572
legal process. 11,573
(7) "Title IV-D case" means any case in which the child 11,575
support enforcement agency is enforcing the support order 11,576
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 11,577
2351 (1975), 42 U.S.C. 651, as amended. 11,578
(8) "Payor" means any person or entity that distributes 11,581
income to an obligor including, the obligor, if the obligor is 11,583
self-employed; an employer; an employer that is paying the 11,584
obligor's workers' compensation benefits; the public employees 11,585
retirement board; the governing entity of any municipal 11,586
retirement system; the board of trustees of the OHIO police and 11,588
firemen's disability and FIRE pension fund; the state teachers 11,589
255
retirement board; the school employees retirement board; the 11,591
state highway patrol retirement board; a person paying or 11,592
otherwise distributing an obligor's income; the bureau of 11,593
workers' compensation; or any other person or entity, except the 11,594
bureau of employment services with respect to unemployment 11,595
compensation benefits paid pursuant to Chapter 4141. of the 11,597
Revised Code.
(9) "Income" means any form of monetary payment including, 11,600
personal earnings; unemployment compensation benefits to the 11,601
extent permitted by, and in accordance with, section 2301.371 of 11,602
the Revised Code, division (D)(4) of section 4141.28 of the 11,604
Revised Code, and federal law governing the bureau of employment 11,605
services; workers' compensation payments; pensions; annuities; 11,607
allowances; retirement benefits; disability or sick pay; 11,608
insurance proceeds; lottery prize awards; federal, state, or 11,609
local government benefits to the extent that the benefits can be 11,610
withheld or deducted under the law governing the benefits; any 11,611
form of trust fund or endowment; lump-sum payments; and any other 11,612
monetary payments.
(B) A man who is presumed to be the natural father of a 11,615
child pursuant to section 3111.03 of the Revised Code assumes the 11,616
parental duty of support with respect to the child. 11,617
(C) Notwithstanding section 3109.01 of the Revised Code, a 11,619
parent's duty of support for a child shall continue beyond the 11,620
age of majority as long as the child continuously attends on a 11,621
full-time basis any recognized and accredited high school or a 11,623
court-issued child support order provides that the duty of
support continues beyond the age of majority. Except in cases in 11,624
which a child support order requires the duty of support to 11,625
continue for any period after the child reaches nineteen years of 11,626
age, the duty does not continue after the child reaches nineteen 11,627
years of age. The parental duty of support shall continue during 11,628
seasonal vacations. 11,629
A parent, guardian, or legal custodian of a child, the 11,631
256
person with whom the child resides, or the child support 11,632
enforcement agency of the county in which the child, parent, 11,633
guardian, or legal custodian of the child resides may file a 11,635
complaint pursuant to section 2151.231 of the Revised Code in the 11,636
juvenile court of that county requesting the court to order a 11,637
parent who neglects or does not assume the parental duty of 11,638
support to pay an amount for the support of the child and to 11,639
provide for the health care needs of the child and to provide for 11,640
the health care needs of the child, may contact a child support 11,641
enforcement agency for assistance in obtaining the order, or may 11,642
request an administrative officer of a child support enforcement 11,643
agency to issue an administrative order for the payment of child 11,644
support and providing for the health care needs of the child 11,645
pursuant to division (D) of this section. Upon the filing of the 11,647
complaint or the making of the request, the court shall issue an 11,648
order requiring the payment of support for the child and 11,649
providing for the health care needs of the child, pursuant to
section 2151.231 of the Revised Code, or the administrative 11,651
officer, pursuant to division (D) of this section, shall issue an 11,652
order requiring the payment of support for the child and
providing for the health care needs of the child. 11,653
A party to a request made under this division may raise the 11,655
issue of the existence or nonexistence of a parent-child 11,656
relationship between the presumed natural father and the child 11,657
unless the presumption is based on acknowledgment of paternity 11,658
that has become final pursuant to section 2151.232, 3111.211, or 11,659
5101.314 of the Revised Code. If a request is made for an
administrative order providing for support and health care needs 11,661
pursuant to division (D) of this section and the issue of the 11,663
existence or nonexistence of a parent-child relationship is
raised, the administrative officer shall treat the request as a 11,664
request made pursuant to section 3111.22 of the Revised Code and 11,665
determine the issue pursuant to that section. An administrative 11,666
order issued pursuant to division (D) of this section does not 11,668
257
preclude a party from requesting a determination of the issue of 11,669
the existence or nonexistence of a parent and child PARENT-CHILD 11,670
relationship pursuant to this chapter if the issue was not 11,671
determined with respect to the party in the proceedings conducted 11,673
pursuant to division (D) of this section or pursuant to an 11,674
acknowledgment of paternity that has become final under section 11,675
2151.232, 3111.211, or 5101.314 of the Revised Code. An order 11,676
issued pursuant to division (D) of this section shall remain 11,678
effective until a final and enforceable determination is made 11,679
pursuant to this chapter that a parent-child relationship does 11,680
not exist between the presumed natural father and the child or 11,681
until the occurrence of an event described in division (E)(4)(a) 11,682
of section 3111.23 of the Revised Code that requires the order to 11,683
be terminated.
(D) If a request is made pursuant to division (C) of this 11,685
section or division (A) of section 3111.211 of the Revised Code 11,686
for an administrative order requiring the payment of child 11,688
support and providing for the health care needs of the child, the
administrative officer shall schedule an administrative hearing 11,690
to determine, in accordance with sections 3111.23 to 3111.29 and 11,691
3113.215 of the Revised Code, the amount of child support either 11,692
parent is required to pay, the method of paying that child 11,694
support, and the method of providing for the child's health care. 11,695
The hearing shall be held not later than sixty days after the 11,696
request is made pursuant to division (A) of this section or 11,698
division (A) of section 3111.211 of the Revised Code nor earlier 11,699
than thirty days after the officer gives the mother and father of 11,700
the child notice of the action. When an administrative officer 11,701
issues an administrative order for the payment of support and 11,702
provision for the child's health care, all of the following 11,703
apply:
(1) The administrative support order shall require 11,706
periodic payments of support that may vary in amount, except 11,708
that, if it is in the best interest of the child, the 11,709
258
administrative officer may order a lump sum payment or the 11,710
purchase of an annuity in lieu of periodic payments of support. 11,711
(2) The administrative support order shall require the 11,713
parents to provide for the health care needs of the child in 11,714
accordance with section 3111.241 of the Revised Code. 11,715
The administrative support order shall include a notice 11,717
stating that the mother or the father may object to the 11,719
administrative order by bringing an action for the payment of 11,720
support and provision for the child's health care under section 11,721
2151.321 of the Revised Code in the juvenile court of the county 11,722
in which the child or the guardian or legal custodian of the 11,723
child resides, that the action may be brought no later than 11,724
thirty days after the date of the issuance of the administrative 11,725
support order, and that, if neither the mother nor the father 11,726
brings an action for the payment of support and provision for the 11,727
child's health care within that thirty-day period, the 11,729
administrative support order is final and enforceable by a court 11,730
and may be modified and enforced only as provided in sections 11,731
3111.20 to 3111.28 and 3113.21 to 3113.219 of the Revised Code. 11,733
Sec. 3113.21. (A)(1) In any action in which support is 11,742
ordered under Chapter 3115. or under section 2151.23, 2151.231, 11,743
2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 11,744
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 11,745
Revised Code, the court shall require the withholding or 11,746
deduction of income or assets of the obligor in accordance with 11,747
division (D) of this section or require the issuance of another 11,748
type of appropriate court order in accordance with division 11,749
(D)(3) or (4) or (H) of this section to ensure that withholding 11,751
or deduction from the income or assets of the obligor is 11,752
available from the commencement of the support order for the 11,754
collection of the support and any arrearages that occur. The 11,755
court shall determine the specific withholding or deduction 11,756
requirements or other appropriate requirements applicable to the 11,757
obligor under the support order in accordance with divisions (D) 11,758
259
and (H) of this section and section 2301.371 of the Revised Code 11,759
and shall include the specific requirements in the notices 11,760
described in divisions (A)(2) and (D) of this section or in the 11,761
court orders described in divisions (A)(2), (D)(3) or (4), and 11,762
(H) of this section. Any person required to comply with any 11,764
withholding or deduction requirement shall determine the manner 11,765
of withholding or deducting from the specific requirement 11,766
included in the notices described in those divisions without the 11,767
need for any amendment to the support order, and any person 11,768
required to comply with a court order described in division 11,769
(D)(3), (D)(4), or (H) of this section shall comply with the 11,771
court order without the need for any amendment to the support 11,772
order. The court shall include in any action in which support is 11,773
ordered as described in division (A)(1) of this section a general 11,774
provision that states the following:
"All child support and spousal support under this order 11,777
shall be withheld or deducted from the income or assets of the 11,779
obligor pursuant to a withholding or deduction notice or 11,780
appropriate court order issued in accordance with section 3113.21 11,781
of the Revised Code or a withdrawal directive issued pursuant to 11,782
section 3113.214 of the Revised Code and shall be forwarded to 11,783
the obligee in accordance with sections 3113.21 to 3113.213 of 11,784
the Revised Code." 11,785
(2) In any action in which support is ordered or modified 11,787
as described in division (A)(1) of this section, the court shall 11,788
determine in accordance with divisions (D) and (H) of this 11,789
section the types of withholding or deduction requirements or 11,790
other appropriate requirements that should be imposed relative to 11,791
the obligor under the support order to collect the support due 11,792
under the order. Within fifteen days after the obligor under the 11,793
support order is located subsequent to the issuance of the 11,794
support order or within fifteen days after the default under the 11,796
support order, whichever is applicable, the court or the child 11,797
support enforcement agency, as determined by agreement of the 11,798
260
court and the agency, shall send a notice by regular mail to each 11,799
person required to comply with a withholding or deduction 11,800
requirement. The notice shall specify the withholding or 11,801
deduction requirement and shall contain all of the information 11,802
set forth in division (D)(1)(b) or (2)(b) of this section that is 11,803
applicable to the requirement. If the appropriate requirement is 11,805
an order of the type described in division (D)(3), (D)(4), or (H) 11,806
of this section, the court shall issue and send a court order in 11,807
accordance with that division. The notices and court orders, and 11,808
the notices provided by the court or child support enforcement 11,809
agency that require the obligor to notify the agency of any 11,810
change in the obligor's employment status or of any other change
in the status of the obligor's assets, are final and are 11,811
enforceable by the court. When the court or agency issues a 11,812
notice, it shall provide the notice to the obligor in accordance 11,813
with division (D)(1)(c) or (D)(2)(c) of this section, whichever 11,815
is applicable, and shall include with the notice the additional 11,816
notices described in the particular division that is applicable. 11,817
(3)(a) If support is ordered or modified on or after 11,819
December 31, 1993, under Chapter 3115. or under section 2151.23, 11,820
2151.231, 2151.232, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 11,822
3109.05, 3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 11,823
of the Revised Code, if the court has determined in accordance 11,824
with division (A)(2) of this section the types of withholding or 11,825
deduction requirements or other appropriate requirements that 11,826
should be imposed relative to the obligor under the support order 11,827
to collect the support due under the order, if the court or a 11,828
child support enforcement agency has mailed the appropriate 11,829
notice to the person required to comply with the withholding or 11,830
deduction requirements that the court has determined should be 11,831
imposed or the court has issued and sent a court order described 11,832
in division (D)(3), (D)(4), or (H) of this section containing the 11,834
other appropriate requirements that the court determined should 11,835
be imposed, and if the child support enforcement agency is 11,836
261
notified or otherwise determines that the employment status or 11,837
other circumstances of the obligor have changed and that it is 11,838
more appropriate to impose another type of or an additional 11,839
withholding or deduction requirement or another type of or 11,840
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 11,841
3113.212 of the Revised Code. The notices and court orders 11,842
issued under this division and section 3113.212 of the Revised 11,843
Code, and the notices provided by the court or child support 11,844
enforcement agency that require the obligor to notify the agency 11,845
of any change in the obligor's employment status or of any other 11,846
change in the status of the obligor's assets, are final and are 11,848
enforceable by the court.
(b) All orders for support issued prior to December 31, 11,851
1993, under Chapter 3115. or under section 2151.23, 2151.231, 11,852
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 11,854
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 11,855
Code that have not been modified or subject to division (B) of 11,857
this section regarding a default under the order on or after that 11,858
date shall be considered to contain the general provision 11,859
described in division (A)(1) of this section and shall be 11,860
enforced and modified in the same manner as an order for support 11,861
issued on or after December 31, 1993.
(4) The department of human services shall adopt standard 11,863
forms for the support withholding and deduction notices that are 11,864
prescribed by divisions (A)(1) to (3) and (B) of this section. 11,865
All courts and child support enforcement agencies shall use the 11,866
forms in issuing withholding and deduction notices in compliance 11,867
with this section. 11,868
(B)(1)(a) In any action in which support is ordered under 11,871
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 11,872
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 11,874
3111.13, 3111.20, 3111.211, 3111.22, 3113.04, 3113.07, 3113.216, 11,875
or 3113.31 of the Revised Code and in which there has been a 11,876
262
default under the order, the court shall comply with divisions 11,877
(B)(1) to (6) of this section. 11,878
If the support was ordered prior to December 31, 1993, or 11,880
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 11,882
Code, the court that issued the order, or in the case of an order 11,884
pursuant to section 3111.20, 3111.211, or 3111.22 of the Revised 11,885
Code, the common pleas court of the county in which the child 11,886
support enforcement agency that issued the order is located, 11,887
shall reissue the support order under which there has been a 11,888
default and shall include in the reissued order a general 11,889
provision as described in this division requiring the withholding 11,890
or deduction of income or assets of the obligor in accordance 11,892
with division (D) of this section or requiring the issuance of a 11,893
court order containing another type of appropriate requirement in 11,894
accordance with division (D)(3), (D)(4), or (H) of this section 11,896
to ensure that withholding or deduction from the income or assets 11,898
is available for the collection of current support and any 11,900
arrearages that occur. If the support was ordered pursuant to
section 3111.20, 3111.211, or 3111.22 of the Revised Code and the 11,902
support order includes a general provision similar to the one 11,903
described in this division, the court shall replace the similar 11,904
general provision with the general provision described in this 11,905
division. Except for the inclusion or replacement of the general 11,906
provision, the provisions of the reissued order required under 11,907
this division shall be identical to those of the support order 11,908
under which there has been a default. 11,909
When support has been ordered under any chapter or section 11,912
described in this division, the child support enforcement agency 11,913
shall initiate support withholding when the order is in default. 11,914
Immediately after the identification of a default under the 11,915
support order, the child support enforcement agency shall conduct 11,917
the investigation described in division (B)(1)(b) of this 11,918
section. Additionally, within fifteen calendar days after the 11,919
identification of a default under the support order, the child 11,920
263
support enforcement agency shall investigate the default and, if 11,921
it is before July 1, 1999, send advance notice to the obligor. 11,922
On and after that date, the division of child support in the 11,924
department of human services shall send the advance notice to the 11,925
obligor. The advance notice shall include a notice describing 11,926
the actions that may be taken against the obligor pursuant to 11,927
sections 2301.353, 2301.373, 2301.374, 2301.375, 2301.42 to 11,928
2301.45, and 3113.214 of the Revised Code if the court or agency 11,929
makes a final and enforceable determination that the obligor is 11,930
in default pursuant to this division. If the location of the 11,932
obligor is unknown at the time of the identification of a default 11,933
under the support order, the division shall send the advance 11,934
notice to the obligor within fifteen days after the agency 11,935
locates the obligor. The general provision for the withholding 11,936
or deduction of income or assets to be included in the reissued 11,938
support order specifically shall include the following statement: 11,939
"All child support and spousal support under this order 11,942
shall be withheld or deducted from the income or assets of the 11,944
obligor pursuant to a withholding or deduction notice or 11,945
appropriate court order issued in accordance with section 3113.21 11,946
of the Revised Code or a withdrawal directive issued pursuant to
section 3113.214 of the Revised Code and shall be forwarded to 11,947
the obligee in accordance with sections 3113.21 to 3113.213 of 11,948
the Revised Code." 11,949
(b) After the identification of a default under a support 11,951
order as described in division (B)(1)(a) of this section, the 11,952
child support enforcement agency immediately shall conduct an 11,953
investigation to determine the employment status of the obligor, 11,954
the obligor's social security number, the name and business 11,955
address of the obligor's employer, whether the obligor is in 11,956
default under a support order, the amount of any arrearages, and 11,957
any other information necessary to enable the court or agency to 11,958
impose any withholding or deduction requirements and issue the 11,959
related notices described in division (D) of this section or to 11,960
264
issue any court orders described in division (D)(3) or (4) of 11,962
this section. The agency also shall conduct an investigation 11,963
under this division when required by division (C)(1)(a) or (b) of 11,964
this section, shall complete the investigation within twenty days 11,965
after the obligor or obligee files the motion with the court 11,966
under division (C)(1)(a) of this section or the court orders the 11,967
investigation under division (C)(1)(b) of this section. 11,968
(2) An advance notice to an obligor required by division 11,970
(B)(1) of this section shall contain all of the following: 11,971
(a) A statement of the date on which the advance notice is 11,973
sent, the amount of arrearages owed by the obligor as determined 11,974
by the court or the child support enforcement agency, the types 11,975
of withholding or deduction requirements and related notices 11,976
described in division (D) of this section or the types of court 11,977
orders described in division (D)(3), (D)(4), or (H) of this 11,979
section that will be issued to pay support and any arrearages, 11,980
and the amount that will be withheld or deducted pursuant to 11,981
those requirements; 11,982
(b) A statement that any notice for the withholding or 11,984
deduction of an amount from income or assets apply to all current 11,986
and subsequent payors of the obligor and financial institutions 11,988
in which the obligor has an account and that any withholding or 11,989
deduction requirement and related notice described in division 11,990
(D) of this section or any court order described in division 11,991
(D)(3), (D)(4), or (H) of this section that is issued will not be 11,993
discontinued solely because the obligor pays any arrearages; 11,994
(c) An explanation of the administrative and court action 11,996
that will take place if the obligor contests the inclusion of any 11,997
of the provisions; 11,998
(d) A statement that the contents of the advance notice 12,000
are final and are enforceable by the court unless the obligor 12,001
files with the child support enforcement agency, within seven 12,002
days after the date on which the advance notice is sent, a 12,003
written request for an administrative hearing to determine if a 12,004
265
mistake of fact was made in the notice. 12,005
(3) If the obligor requests a hearing regarding the 12,007
advance notice in accordance with division (B)(2)(d) of this 12,008
section, the child support enforcement agency shall conduct an 12,009
administrative hearing no later than ten days after the date on 12,010
which the obligor files the request for the hearing. No later 12,011
than five days before the date on which the hearing is to be 12,012
conducted, the agency shall send the obligor and the obligee 12,013
written notice of the date, time, place, and purpose of the 12,014
hearing. The notice to the obligor and obligee also shall 12,015
indicate that the obligor may present testimony and evidence at 12,016
the hearing only in regard to the issue of whether a mistake of 12,017
fact was made in the advance notice. 12,018
At the hearing, the child support enforcement agency shall 12,020
determine whether a mistake of fact was made in the advance 12,021
notice. If it determines that a mistake of fact was made, the 12,022
agency shall determine the provisions that should be changed and 12,023
included in a corrected notice and shall correct the advance 12,024
notice accordingly. The agency shall send its determinations to 12,025
the obligor. The agency's determinations are final and are 12,026
enforceable by the court unless, within seven days after the 12,027
agency makes its determinations, the obligor files a written 12,028
motion with the court for a court hearing to determine if a 12,029
mistake of fact still exists in the advance notice or corrected 12,030
advance notice. 12,031
(4) If, within seven days after the agency makes its 12,033
determinations under division (B)(3) of this section, the obligor 12,034
files a written motion for a court hearing to determine if a 12,035
mistake of fact still exists in the advance notice or the 12,036
corrected advance notice, the court shall hold a hearing on the 12,037
request as soon as possible, but no later than ten days, after 12,038
the request is filed. If the obligor requests a court hearing, 12,039
no later than five days before the date on which the court 12,040
hearing is to be held, the court shall send the obligor and the 12,041
266
obligee written notice by ordinary mail of the date, time, place, 12,042
and purpose of the court hearing. The hearing shall be limited 12,043
to a determination of whether there is a mistake of fact in the 12,044
advance notice or the corrected advance notice. 12,045
If, at a hearing conducted under this division, the court 12,047
detects a mistake of fact in the advance notice or the corrected 12,048
advance notice, it immediately shall correct the notice. 12,049
(5) Upon exhaustion of all rights of the obligor to 12,051
contest the withholding or deduction on the basis of a mistake of 12,052
fact and no later than the expiration of forty-five days after 12,053
the issuance of the advance notice under division (B)(1) of this 12,054
section, the court or child support enforcement agency shall 12,055
issue one or more notices requiring withholding or deduction of 12,056
income or assets of the obligor in accordance with divisions 12,058
(A)(2) and (D) of this section, or the court shall issue one or 12,059
more court orders imposing other appropriate requirements in 12,060
accordance with division (A)(2) and division (D)(3), (D)(4), or 12,062
(H) of this section. Thereafter, section 3113.212 of the Revised 12,063
Code applies in relation to the issuance of the notices and court 12,064
orders. The notices and court orders issued under this division 12,065
or section 3113.212 of the Revised Code are final and are 12,066
enforceable by the court. The court or agency shall send to the 12,067
obligor by ordinary mail a copy of the withholding or deduction 12,068
notice, in accordance with division (D) of this section. The 12,069
failure of the court or agency to give the notice required by 12,070
this division does not affect the ability of any court to issue 12,071
any notice or order under this section or any other section of 12,072
the Revised Code for the payment of support, does not provide any 12,073
defense to any notice or order for the payment of support that is 12,074
issued under this section or any other section of the Revised 12,075
Code, and does not affect any obligation to pay support. 12,076
(6) The department of human services shall adopt standard 12,078
forms for the advance notice prescribed by divisions (B)(1) to 12,079
(5) of this section. All courts and child support enforcement 12,080
267
agencies shall use those forms, and the support withholding and 12,081
deduction notice forms adopted under division (A)(4) of this 12,082
section, in complying with this section. 12,083
(C)(1) In any action in which support is ordered under 12,085
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 12,086
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 12,088
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 12,090
Code, all of the following apply:
(a) The obligor or obligee under the order may file a 12,092
motion with the court that issued the order requesting the 12,093
issuance of one or more withholding or deduction notices as 12,094
described in division (D) of this section to pay the support due 12,095
under the order. The motion may be filed at any time after the 12,096
support order is issued. Upon the filing of a motion pursuant to 12,097
this division, the child support enforcement agency immediately 12,098
shall conduct, and shall complete within twenty days after the 12,099
motion is filed, an investigation in accordance with division 12,100
(B)(1)(b) of this section. Upon the completion of the 12,101
investigation and the filing of the agency's report under 12,102
division (B)(1)(b) of this section, the court shall issue one or 12,103
more appropriate orders described in division (D) of this 12,104
section. 12,105
(b) If any proceedings involving the support order are 12,107
commenced in the court and if the court has not issued any orders 12,108
under division (D) of this section as it existed prior to 12,110
December 31, 1993, with respect to the support order, if the 12,111
court determines that any orders issued under division (D) of 12,112
this section as it existed prior to December 31, 1993, no longer 12,114
are appropriate, if the court on or after December 31, 1993, has 12,116
not modified or reissued the support order under division (A) or 12,118
(B) of this section and issued any notices under division (D) or 12,119
court orders under division (D)(3) or (4) of this section, or if 12,121
the court on or after December 31, 1993, has modified or reissued 12,123
the support order under division (A) or (B) of this section and 12,124
268
issued one or more notices under division (D) or one or more 12,125
court orders under division (D)(3) or (4) of this section but 12,127
determines that the notices or court orders no longer are 12,128
appropriate, the court, prior to or during any hearings held with 12,129
respect to the proceedings and prior to the conclusion of the 12,130
proceedings, shall order the child support enforcement agency to 12,131
conduct an investigation pursuant to division (B)(1)(b) of this 12,132
section. Upon the filing of the findings of the agency following 12,133
the investigation, the court, as necessary, shall issue one or 12,134
more notices described in division (D) or one or more court 12,135
orders described in division (D)(3) or (4) of this section or 12,137
modify any notices previously issued under division (D) or any 12,138
court orders previously issued under division (D)(3) or (4) of 12,140
this section.
(c)(i) If a child support enforcement agency, in 12,142
accordance with section 3113.216 of the Revised Code, requests 12,143
the court to issue a revised child support order in accordance 12,144
with a revised amount of child support calculated by the agency, 12,145
the court shall proceed as described in this division. If 12,146
neither the obligor nor the obligee requests a court hearing on 12,147
the revised amount of child support, the court shall issue a 12,148
revised child support order requiring the obligor to pay the 12,149
revised amount of child support calculated by the agency. 12,150
However, if the obligor or the obligee requests a court hearing 12,151
on the revised amount of child support calculated by the agency, 12,152
the court, in accordance with division (C)(1)(c)(ii) of this 12,153
section, shall schedule and conduct a hearing to determine if the 12,154
revised amount of child support is the appropriate amount and if 12,155
the amount of child support being paid under the child support 12,156
order otherwise should be revised. 12,157
(ii) If the court is required to schedule and conduct a 12,159
hearing pursuant to division (C)(1)(c)(i) of this section, the 12,160
court shall give the obligor, obligee, and agency at least thirty 12,161
days' notice of the date, time, and location of the hearing; 12,162
269
order the obligor to provide the court with a copy of the 12,163
obligor's federal income tax return from the previous year, a 12,164
copy of all pay stubs obtained by the obligor within the 12,165
preceding six months, a copy of all other records evidencing the 12,167
receipt of any other salary, wages, or compensation by the
obligor within the preceding six months, a list of the group 12,168
health insurance and health care policies, contracts, and plans 12,169
available to the obligor and their costs, and the current health 12,170
insurance or health care policy, contract, or plan under which 12,171
the obligor is enrolled and its cost, if the obligor failed to 12,172
provide any of those documents to the agency, and order the 12,173
obligee to provide the court with a copy of the obligee's federal 12,174
income tax return from the previous year, a copy of all pay stubs 12,175
obtained by the obligee within the preceding six months, a copy 12,177
of all other records evidencing the receipt of any other salary, 12,178
wages, or compensation by the obligee within the preceding six 12,179
months, a list of the group health insurance and health care
policies, contracts, and plans available to the obligee and their 12,180
costs, and the current health insurance or health care policy, 12,181
contract, or plan under which the obligee is enrolled and its 12,182
cost, if the obligee failed to provide any of those documents to 12,184
the agency; give the obligor and the obligee notice that any 12,185
willful failure to comply with that court order is contempt of 12,186
court and, upon a finding by the court that the party is in 12,187
contempt of court, the court and the agency will take any action 12,188
necessary to obtain the information or make any reasonable 12,189
assumptions necessary with respect to the information the person 12,191
in contempt of court did not provide to ensure a fair and
equitable review of the child support order; issue a revised 12,193
child support order requiring the obligor to pay the revised 12,194
amount of child support calculated by the agency, if the court 12,195
determines at the hearing that the revised amount of child 12,196
support calculated by the agency is the appropriate amount; and 12,197
determine the appropriate amount of child support and, if 12,198
270
necessary, issue a revised child support order requiring the 12,199
obligor to pay the amount of child support determined by the 12,200
court, if the court determines that the revised amount of child 12,201
support calculated by the agency is not the appropriate amount. 12,202
(iii) In determining, at a hearing conducted under 12,204
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 12,205
amount of child support to be paid by the obligor, the court 12,206
shall consider, in addition to all other factors required by law 12,207
to be considered, the appropriate person, whether it is the 12,208
obligor, obligee, or both, to be required in accordance with 12,209
section 3113.217 of the Revised Code to provide health insurance 12,211
coverage for the children specified in the order, and the cost of 12,212
health insurance which the obligor, the obligee, or both have 12,213
been ordered in accordance with section 3113.217 of the Revised 12,214
Code to obtain for the children specified in the order. 12,215
(d)(i) An obligee under a child support order may file a 12,218
motion with the court that issued the order requesting the court 12,219
to modify the order to require the obligor to obtain health 12,220
insurance coverage for the children who are the subject of the 12,221
order, and an obligor under a child support order may file a 12,222
motion with the court that issued the order requesting the court 12,223
to modify the order to require the obligee to obtain health 12,224
insurance coverage for those children. Upon the filing of such a 12,225
motion, the court shall order the child support enforcement 12,226
agency to conduct an investigation to determine whether the 12,227
obligor or obligee has satisfactory health insurance coverage for 12,228
the children. Upon completion of its investigation, the agency 12,229
shall inform the court, in writing, of its determination. If the 12,230
court determines that neither the obligor nor the obligee has 12,231
satisfactory health insurance coverage for the children, it shall 12,232
modify the child support order in accordance with section 12,234
3113.217 of the Revised Code.
(ii) An obligor or obligee under a child support order may 12,237
file a motion with the court that issued the order requesting the 12,238
271
court to modify the amount of child support required to be paid 12,239
under the order because that amount does not adequately cover the 12,240
medical needs of the child. Upon the filing of such a motion, 12,241
the court shall determine whether the amount of child support 12,242
required to be paid under the order adequately covers the medical 12,243
needs of the child and whether to modify the order, in accordance 12,244
with division (B)(4) of section 3113.215 of the Revised Code. 12,245
(e) Whenever a court modifies, reviews, or otherwise 12,247
reconsiders a child support order, it may reconsider which parent 12,248
may claim the children who are the subject of the child support 12,249
order as dependents for federal income tax purposes as set forth 12,250
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 12,251
2085, 26 U.S.C. 1, as amended, and shall issue its determination 12,252
on this issue as part of the child support order. The court in 12,253
its order may permit the parent who is not the residential parent 12,254
and legal custodian to claim the children as dependents for 12,255
federal income tax purposes only if the payments for child 12,256
support are current in full as ordered by the court for the year 12,257
in which the children will be claimed as dependents. If the 12,258
court determines that the parent who is not the residential 12,259
parent and legal custodian may claim the children as dependents 12,260
for federal income tax purposes, it shall order the residential 12,261
parent to take whatever action is necessary pursuant to section 12,262
152 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 12,263
U.S.C. 1, as amended, to enable the parent who is not the 12,264
residential parent and legal custodian to claim the children as 12,265
dependents for federal income tax purposes in accordance with the 12,266
order of the court. Any willful failure of the residential 12,267
parent to comply with the order of the court is contempt of 12,268
court. 12,269
(f) When issuing or modifying a child support order, the 12,272
court shall include in the order all of the requirements, 12,273
specifications, and statements described in division (B) of 12,274
section 3113.218 of the Revised Code. If the obligor or obligee 12,275
272
does not request a court hearing on the revised amount of child 12,276
support determined by the agency and filed with the court 12,277
pursuant to section 3113.216 of the Revised Code and the court 12,279
modifies the order to include the revised amount pursuant to 12,280
division (C)(1)(c)(i) of this section, the modification shall 12,282
relate back to the first day of the month following the date 12,283
certain on which the review of the child support order began
pursuant to division (C)(1)(a) of section 3113.216 of the Revised 12,284
Code. If the obligor or obligee requests a court hearing on the 12,285
revised amount of child support pursuant to this section and 12,286
section 3113.216 of the Revised Code and the court, after 12,288
conducting a hearing, modifies the child support amount under the 12,289
order, the modification shall relate back to the first day of the 12,291
month following the date certain on which the review of the child 12,292
support order began pursuant to division (C)(1)(A)(a) of section 12,293
3113.216 of the Revised Code. 12,294
(2) In any action in which a support order is issued under 12,296
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 12,298
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 12,299
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 12,300
Code, the court issuing the order also shall conduct a hearing, 12,301
prior to or at the time of the issuance of the support order, to 12,302
determine the employment status of the obligor, the obligor's 12,303
social security number, the name and business address of the 12,304
obligor's employer, and any other information necessary to enable 12,305
the court or a child support enforcement agency to issue any 12,306
withholding or deduction notice described in division (D) of this 12,307
section or for the court to issue a court order described in 12,308
division (D)(3) or (4) of this section. The court, prior to the 12,310
hearing, shall give the obligor notice of the hearing that shall 12,312
include the date on which the notice is given and notice that the 12,313
obligor is subject to a requirement for the withholding of a 12,314
specified amount from income if employed and to one or more other 12,315
types of withholding or deduction requirements described in 12,316
273
division (D) or one or more types of court orders described in 12,317
division (D)(3) or (4) of this section and that the obligor may 12,319
present evidence and testimony at the hearing to prove that any 12,320
of the requirements would not be proper because of a mistake of 12,321
fact. 12,322
The court or child support enforcement agency, immediately 12,324
upon the court's completion of the hearing, shall issue one or 12,325
more of the types of notices described in division (D) of this 12,326
section imposing a withholding or deduction requirement, or the 12,327
court shall issue one or more types of court orders described in 12,328
division (D)(3) or (4) of this section. 12,329
(D) If a court or child support enforcement agency is 12,331
required under division (A), (B), or (C) of this section or any 12,332
other section of the Revised Code to issue one or more 12,333
withholding or deduction notices described in this division or 12,334
court orders described in division (D)(3) or (4) of this section, 12,336
the court shall issue one or more of the following types of 12,337
notices or court orders, or the agency shall issue one or more of 12,338
the following types of notices to pay the support required under 12,339
the support order in question and also, if required by any of 12,340
those divisions, any other section of the Revised Code, or the 12,341
court, to pay any arrearages: 12,342
(1)(a) If the court or the child support enforcement 12,344
agency determines that the obligor is receiving income from a 12,346
payor, the court or agency shall require the obligor's payor to 12,347
withhold from the obligor's income a specified amount for support 12,350
in satisfaction of the support order, to begin the withholding no 12,351
later than fourteen working days following the date the notice 12,353
was mailed to the employer under divisions (A)(2) or (B) and 12,354
(D)(1)(b) of this section or, if the payor is an employer, no 12,356
later than the first pay period that occurs after fourteen 12,357
working days following the date the notice was mailed, to send 12,358
the amount withheld to the division of child support in the 12,360
department of human services pursuant to section 5101.325 of the 12,363
274
Revised Code, to send that amount to the division immediately but 12,365
not later than seven days after the date the obligor is paid, and 12,366
to continue the withholding at intervals specified in the notice 12,367
until further notice from the court or child support enforcement 12,368
agency. To the extent possible, the amount specified in the 12,369
notice to be withheld shall satisfy the amount ordered for 12,370
support in the support order plus any arrearages that may be owed 12,371
by the obligor under any prior support order that pertained to 12,372
the same child or spouse, notwithstanding any applicable 12,373
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, and 12,375
2716.05 of the Revised Code. However, in no case shall the sum 12,377
of the amount specified in the notice to be withheld and any fee 12,378
withheld by the payor as a charge for its services exceed the 12,380
maximum amount permitted under section 303(b) of the "Consumer 12,381
Credit Protection Act," 15 U.S.C. 1673(b). 12,382
(b) If the court or agency imposes a withholding 12,384
requirement under division (D)(1)(a) of this section, it, within 12,385
the applicable period of time specified in division (A), (B), or 12,386
(C) of this section, shall send to the obligor's payor by regular 12,389
mail a notice that contains all of the information set forth in 12,390
divisions (D)(1)(b)(i) to (xi) of this section. The notice is 12,391
final and is enforceable by the court. The notice shall contain 12,392
all of the following:
(i) The amount to be withheld from the obligor's income 12,394
and a statement that the amount actually withheld for support and 12,396
other purposes, including the fee described in division 12,397
(D)(1)(b)(xi) of this section, shall not be in excess of the 12,398
maximum amounts permitted under section 303(b) of the "Consumer 12,399
Credit Protection Act," 15 U.S.C. 1673(b); 12,400
(ii) A statement that the payor is required to send the 12,403
amount withheld to the division of child support immediately, but 12,405
not later than seven working days, after the obligor is paid and 12,407
is required to report to the agency the date on which the amount 12,408
was withheld from the obligor's income; 12,409
275
(iii) A statement that the withholding is binding upon the 12,411
payor until further notice from the agency; 12,412
(iv) A statement that if the payor is an employer, the 12,415
payor is subject to a fine to be determined under the law of this 12,416
state for discharging the obligor from employment, refusing to 12,417
employ the obligor, or taking any disciplinary action against the 12,418
obligor because of the withholding requirement; 12,419
(v) A statement that, if the payor fails to withhold 12,421
income in accordance with the provisions of the notice, the payor 12,423
is liable for the accumulated amount the payor should have 12,425
withheld from the obligor's income;
(vi) A statement that the withholding in accordance with 12,427
the notice and under the provisions of this section has priority 12,428
over any other legal process under the law of this state against 12,429
the same income; 12,430
(vii) The date on which the notice was mailed and a 12,432
statement that the payor is required to implement the withholding 12,434
no later than fourteen working days following the date the notice 12,435
was mailed or, if the payor is an employer, no later than the 12,436
first pay period that occurs after fourteen working days 12,437
following the date the notice was mailed and is required to 12,438
continue the withholding at the intervals specified in the 12,439
notice;
(viii) A requirement that the payor promptly notify the 12,441
child support enforcement agency, in writing, within ten working 12,442
days after the date of any situation that occurs including, 12,444
termination of employment, layoff of the obligor from employment, 12,445
any leave of absence of the obligor from employment without pay, 12,446
termination of workers' compensation benefits, or termination of 12,447
any pension, annuity, allowance, or retirement benefit, in which 12,449
the payor ceases to pay income in an amount sufficient to comply 12,452
with the order to the obligor, provide the agency with the 12,453
obligor's last known address, notify the agency of any new
employer or income source, if known, and provide the agency with 12,455
276
any new employer's or income source's name, address, and 12,456
telephone number, if known; 12,457
(ix) A requirement that, if the payor is an employer, 12,460
identify in the notification given under division (D)(1)(b)(viii) 12,461
of this section any types of benefits other than personal 12,462
earnings that the obligor is receiving or is eligible to receive 12,463
as a benefit of employment or as a result of the obligor's 12,464
termination of employment, including, but not limited to, 12,465
unemployment compensation, workers' compensation benefits, 12,466
severance pay, sick leave, lump-sum payments of retirement 12,467
benefits or contributions, and bonuses or profit-sharing payments 12,468
or distributions, and the amount of such benefits, and include in 12,469
the notification the obligor's last known address and telephone 12,470
number, date of birth, social security number, and court case 12,471
number and, if known, the name and business address of any new 12,472
employer of the obligor;
(x) A requirement that, no later than the earlier of 12,474
forty-five days before the lump-sum payment is to be made or, if 12,475
the obligor's right to the lump-sum payment is determined less 12,476
than forty-five days before it is to be made, the date on which 12,477
that determination is made, the payor notify the child support 12,479
enforcement agency of any lump-sum payments of any kind of one 12,481
hundred fifty dollars or more that are to be paid to the obligor, 12,482
hold the lump-sum payments of one hundred fifty dollars or more 12,484
for thirty days after the date on which the lump-sum payments 12,485
otherwise would have been paid to the obligor and, upon order of 12,487
the court, pay any specified amount of the lump-sum payment to 12,488
the division of child support.;
(xi) A statement that, in addition to the amount withheld 12,490
for support, the payor may withhold a fee from the obligor's 12,492
income as a charge for its services in complying with the notice 12,495
and a specification of the amount that may be withheld.
(c) The court or agency shall send the notice described in 12,497
division (D)(1)(b) of this section to the obligor and shall 12,498
277
attach to the notice an additional notice requiring the obligor 12,499
immediately to notify the child support enforcement agency, in 12,500
writing, of any change in the obligor's income source and of the 12,501
availability of any other sources of income that can be the 12,503
subject of any withholding or deduction requirement described in 12,504
division (D) of this section. The court or agency shall serve 12,505
the notices upon the obligor at the same time as service of the 12,506
support order or, if the support order previously has been 12,507
issued, shall send the notices to the obligor by regular mail at 12,508
the last known address at the same time that it sends the notice 12,509
described in division (D)(1)(b) of this section to the payor. 12,510
The notification required of the obligor shall include a 12,511
description of the nature of any new employment or income source, 12,512
the name, business address, and telephone number of any new 12,513
employer or income source, and any other information reasonably 12,515
required by the court. No obligor shall fail to give the 12,516
notification required by division (D)(1)(c) of this section. 12,517
(2)(a) If the court or child support enforcement agency 12,519
determines that the obligor has funds on deposit in any account 12,520
in a financial institution under the jurisdiction of the court, 12,521
the court or agency may require any financial institution in 12,522
which the obligor's funds are on deposit to deduct from the 12,523
obligor's account a specified amount for support in satisfaction 12,524
of the support order, to begin the deduction no later than 12,525
fourteen working days following the date the notice was mailed to 12,526
the financial institution under divisions (A)(2) or (B) and 12,527
(D)(2)(b) of this section, to send the amount deducted to the 12,529
division of child SUPPORT in the department of human services 12,530
pursuant to section 5101.325 of the Revised Code, to send that 12,532
amount to the division immediately but not later than seven 12,534
working days after the date the latest deduction was made, to 12,535
provide the date on which the amount was deducted, and to 12,536
continue the deduction at intervals specified in the notice until 12,537
further notice from the court or child support enforcement 12,538
278
agency. To the extent possible, the amount specified in the 12,540
notice to be deducted shall satisfy the amount ordered for 12,541
support in the support order plus any arrearages that may be owed 12,542
by the obligor under any prior support order that pertained to 12,543
the same child or spouse, notwithstanding the limitations of 12,544
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 12,545
(b) If the court or agency imposes a withholding 12,547
requirement under division (D)(2)(a) of this section, it, within 12,549
the applicable period of time specified in division (A), (B), or 12,550
(C) of this section, shall send to the financial institution by 12,551
regular mail a notice that contains all of the information set 12,552
forth in divisions (D)(2)(b)(i) to (viii) of this section. The 12,554
notice is final and is enforceable by the court. The notice 12,555
shall contain all of the following: 12,556
(i) The amount to be deducted from the obligor's account; 12,558
(ii) A statement that the financial institution is 12,560
required to send the amount deducted to the division of child 12,561
support immediately, but not later than seven working days, after 12,564
the date the last deduction was made and is required to report to 12,565
the child support enforcement agency the date on which the amount 12,566
was deducted from the obligor's account; 12,567
(iii) A statement that the deduction is binding upon the 12,569
financial institution until further notice from the court or 12,570
agency; 12,571
(iv) A statement that the withholding in accordance with 12,573
the notice and under the provisions of this section has priority 12,574
over any other legal process under the law of this state against 12,575
the same account; 12,576
(v) The date on which the notice was mailed and a 12,578
statement that the financial institution is required to implement 12,579
the deduction no later than fourteen working days following the 12,580
date the notice was mailed and is required to continue the 12,581
deduction at the intervals specified in the notice; 12,582
(vi) A requirement that the financial institution promptly 12,584
279
notify the child support enforcement agency, in writing, within 12,585
ten days after the date of any termination of the account from 12,586
which the deduction is being made and notify the agency, in 12,587
writing, of the opening of a new account at that financial 12,588
institution, the account number of the new account, the name of 12,589
any other known financial institutions in which the obligor has 12,590
any accounts, and the numbers of those accounts; 12,591
(vii) A requirement that the financial institution include 12,593
in all notices the obligor's last known mailing address, last 12,594
known residence address, and social security number; 12,595
(viii) A statement that, in addition to the amount 12,597
deducted for support, the financial institution may deduct a fee 12,598
from the obligor's account as a charge for its services in 12,599
complying with the notice and a specification of the amount that 12,600
may be deducted. 12,601
(c) The court or agency shall send the notice described in 12,603
division (D)(2)(b) of this section to the obligor and shall 12,604
attach to the notice an additional notice requiring the obligor 12,605
immediately to notify the child support enforcement agency, in 12,606
writing, of any change in the status of the account from which 12,607
the amount of support is being deducted or the opening of a new 12,608
account with any financial institution, of commencement of 12,609
employment, including self-employment, or of the availability of 12,610
any other sources of income that can be the subject of any 12,611
withholding or deduction requirement described in division (D) of 12,612
this section. The court or agency shall serve the notices upon 12,613
the obligor at the same time as service of the support order or, 12,614
if the support order previously has been issued, shall send the 12,615
notices to the obligor by regular mail at the last known address 12,616
at the same time that it sends the notice described in division 12,617
(D)(2)(b) of this section to the financial institution. The 12,619
additional notice also shall specify that upon commencement of 12,621
employment, the obligor may request the court or child support 12,622
enforcement agency to cancel its financial institution account 12,623
280
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 12,625
accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial 12,626
institution account deduction notice under division (D)(2)(b) of 12,628
this section and instead will issue a notice requiring the 12,629
withholding of an amount from personal earnings for support in 12,631
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 12,632
of the nature of any new accounts opened at a financial 12,633
institution under the jurisdiction of the court, the name and 12,634
business address of that financial institution, a description of 12,635
the nature of any new employment or income source, the name, 12,636
business address, and telephone number of any new employer or 12,638
income source, and any other information reasonably required by 12,640
the court.
(3) The court may issue an order requiring the obligor to 12,642
enter into a cash bond with the court. The court shall issue the 12,643
order as part of the support order or, if the support order 12,644
previously has been issued, as a separate order. Any cash bond 12,645
so required shall be in a sum fixed by the court at not less than 12,646
five hundred nor more than ten thousand dollars, conditioned that 12,647
the obligor will make payment as previously ordered and will pay 12,648
any arrearages under any prior support order that pertained to 12,649
the same child or spouse. The order, along with an additional 12,650
order requiring the obligor to immediately notify the child 12,651
support enforcement agency, in writing, if the obligor begins to 12,652
receive income from a payor, shall be attached to, and shall be 12,654
served upon the obligor at the same time as service of, the 12,655
support order or, if the support order previously has been
issued, as soon as possible after the issuance of the order under 12,656
this division. The additional order also shall specify that when 12,657
the obligor begins to receive income from a payor the obligor may 12,659
request the court to cancel its bond order and instead issue a 12,660
281
notice requiring the withholding of an amount from income for 12,663
support in accordance with division (D)(1) of this section and 12,664
that when the obligor begins to receive income from a payor the 12,665
court will proceed to collect on the bond, if the court 12,666
determines that payments due under the support order have not 12,667
been made and that the amount that has not been paid is at least 12,668
equal to the support owed for one month under the support order, 12,669
and will issue a notice requiring the withholding of an amount 12,670
from income for support in accordance with division (D)(1) of 12,673
this section. The notification required of the obligor shall
include a description of the nature of any new employment, the 12,674
name and business address of any new employer, and any other 12,675
information reasonably required by the court. 12,676
The court shall not order an obligor to post a cash bond 12,678
under this division unless the court determines that the obligor 12,679
has the ability to do so. A child support enforcement agency 12,680
shall not issue an order of the type described in this division. 12,681
If a child support enforcement agency is required to issue a 12,682
withholding or deduction notice under division (D) of this 12,683
section but the agency determines that no notice of the type 12,684
described in division (D)(1) or (2) of this section would be 12,686
appropriate, the agency may request the court to issue a court 12,687
order under this division, and, upon the request, the court may 12,688
issue an order as described in this division. 12,689
(4) If the obligor is unemployed, has no income, and does 12,691
not have an account at any financial institution, or on request 12,692
of a child support enforcement agency made under section 3111.231 12,693
of the Revised Code, the court shall issue an order requiring the 12,695
obligor, if able to engage in employment, to seek employment or 12,696
participate in a work activity to which a recipient of assistance 12,697
under Title IV-A of the "Social Security Act," 49 Stat. 620 12,698
(1935), 42 U.S.C.A. 301, as amended, may be assigned as specified 12,699
in section 407(d) of the "Social Security Act," 42 U.S.C.A. 12,700
607(d), as amended. The court shall include in the order a 12,702
282
requirement that the obligor notify the child support enforcement 12,703
agency upon obtaining employment, upon obtaining any income, or 12,704
upon obtaining ownership of any asset with a value of five 12,705
hundred dollars or more. The court may issue the order 12,706
regardless of whether the obligee to whom the obligor owes
support is a recipient of assistance under Title (IV)-A IV-A of 12,707
the "Social Security Act." The court shall issue the order as 12,709
part of a support order or, if a support order previously has 12,711
been issued, as a separate order. If a child support enforcement 12,713
agency is required to issue a withholding or deduction notice 12,714
under division (D) of this section but the agency determines that 12,715
no notice of the type described in division (D)(1) or (2) of this 12,716
section would be appropriate, the agency may request the court to 12,718
issue a court order under division (D)(4) of this section, and, 12,719
upon the request, the court may issue an order as described in 12,721
division (D)(4) of this section.
If an obligor is ordered to participate in a work activity, 12,724
the child support enforcement agency of the county in which the 12,725
obligor resides shall oversee the obligor's participation in 12,726
accordance with rules the department of human services shall 12,727
adopt in accordance with Chapter 119. of the Revised Code. A 12,728
child support enforcement agency may contract with one or more 12,729
governmental agencies or persons to carry out some or all of its 12,730
oversight duties. 12,731
(E) If a court or child support enforcement agency is 12,733
required under division (A), (B), or (C) of this section or any 12,734
other section of the Revised Code to issue one or more notices or 12,735
court orders described in division (D) of this section, the court 12,736
or agency to the extent possible shall issue a sufficient number 12,737
of notices or court orders under division (D) of this section to 12,738
provide that the aggregate amount withheld or deducted under 12,739
those notices or court orders satisfies the amount ordered for 12,740
support in the support order plus any arrearages that may be owed 12,741
by the obligor under any prior support order that pertained to 12,742
283
the same child or spouse, notwithstanding any applicable 12,743
limitations of sections 2329.66, 2329.70, 2716.02, 2716.041, 12,745
2716.05, 2716.13, and 4123.67 of the Revised Code. However, in 12,747
no case shall the aggregate amount withheld pursuant to a
withholding notice issued under division (D)(1) of this section 12,749
and any fees withheld pursuant to the notice as a charge for 12,750
services exceed the maximum amount permitted under section 303(b) 12,751
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 12,752
(F)(1) Any withholding or deduction requirement that is 12,754
contained in a notice described in division (D) of this section 12,755
and that is required to be issued by division (A), (B), or (C) of 12,756
this section or any other section of the Revised Code has 12,757
priority over any order of attachment, any order in aid of 12,758
execution, and any other legal process issued under state law 12,759
against the same earnings, payments, or account. 12,760
(2) When a payor receives two or more withholding notices 12,762
that are described in division (D)(1) of this section and that 12,764
are required to be issued by division (A), (B), or (C) of this 12,765
section or any other section of the Revised Code, the payor shall 12,768
comply with all of the requirements contained in the notices to 12,769
the extent that the total amount withheld from the obligor's 12,770
income does not exceed the maximum amount permitted under section 12,772
303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 12,773
1673(b), withhold amounts in accordance with the allocation set 12,774
forth in divisions (F)(2)(a) and (b) of this section, notify each 12,775
court or child support enforcement agency that issued one of the 12,776
notices of the allocation, and give priority to amounts 12,777
designated in each notice as current support in the following 12,778
manner:
(a) If the total of the amounts designated in the notices 12,780
as current support exceeds the amount available for withholding 12,781
under section 303(b) of the "Consumer Credit Protection Act," 15 12,782
U.S.C. 1673(b), the payor shall allocate to each notice an amount 12,783
for current support equal to the amount designated in that notice 12,785
284
as current support multiplied by a fraction in which the 12,786
numerator is the amount of income available for withholding and 12,787
the denominator is the total amount designated in all of the 12,788
notices as current support.
(b) If the total of the amounts designated in the notices 12,790
as current support does not exceed the amount available for 12,791
withholding under section 303(b) of the "Consumer Credit 12,792
Protection Act," 15 U.S.C. 1673(b), the payor shall pay all of 12,794
the amounts designated as current support in the notices and 12,795
shall allocate to each notice an amount for past-due support 12,796
equal to the amount designated in that notice as past-due support 12,797
multiplied by a fraction in which the numerator is the amount of 12,798
income remaining available for withholding after the payment of 12,800
current support and the denominator is the total amount 12,801
designated in all of the notices as past-due support. 12,802
(G)(1) Except when a provision specifically authorizes or 12,804
requires service other than as described in this division, 12,805
service of any notice on any party, a financial institution, or 12,807
payor, for purposes of division (A), (B), (C), or (D) of this 12,809
section, shall be made by ordinary first class mail directed to 12,810
the addressee at the last known address, or, in the case of a 12,811
corporation, at its usual place of doing business. A notice 12,812
shall be considered to have been served when it is mailed. 12,813
(2) Each party to a support order shall notify the child 12,815
support enforcement agency of the party's current mailing 12,816
address, current residence address, current residence telephone 12,818
number, and current driver's license number, at the time of the 12,819
issuance or modification of the order and, until further notice 12,820
of the court that issues the order, shall notify the agency of 12,821
any change in that information immediately after the change 12,822
occurs. Any willful failure to comply with this division is 12,824
contempt of court. No person shall fail to give the notice 12,825
required by division (G)(2) of this section.
(3) Each support order, or modification of a support 12,827
285
order, that is subject to this section shall contain a notice 12,829
that states the following in boldfaced type and in all capital 12,830
letters:
"EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE CHILD 12,833
SUPPORT ENFORCEMENT AGENCY IN WRITING OF HIS OR HER CURRENT 12,834
MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE 12,835
TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY 12,836
CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY 12,837
OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT. IF YOU ARE 12,838
THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE 12,839
REQUIRED NOTIFICATIONS YOU MAY BE FINED UP TO $50 FOR A FIRST 12,840
OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT 12,842
OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT
ORDER AND YOU WILLFULLY FAIL TO MAKE THE REQUIRED NOTIFICATIONS 12,843
YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES 12,845
UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. 12,846
IF YOU ARE AN OBLIGOR AND YOU FAIL TO MAKE THE REQUIRED 12,848
NOTIFICATIONS YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING 12,849
ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST 12,850
YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, 12,852
DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR 12,853
INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN
FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO 12,854
OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION." 12,855
(4)(a) The parent who is the residential parent and legal 12,857
custodian of a child for whom a support order is issued or the 12,858
person who otherwise has custody of a child for whom a support 12,859
order is issued immediately shall notify, and the obligor under a 12,860
support order may notify, the child support enforcement agency of 12,861
any reason for which the support order should terminate, 12,862
including, but not limited to, the child's attainment of the age 12,863
of majority if the child no longer attends an accredited high 12,864
school on a full-time basis and the support order does not 12,865
provide for the duty of support to continue past the age of 12,866
286
majority; the child ceasing to attend such a high school on a 12,867
full-time basis after attaining the age of majority, if the 12,869
support order does not provide for the duty of support to
continue past the age of majority; or the death, marriage, 12,870
emancipation, enlistment in the armed services, deportation, or 12,871
change of legal or physical custody of the child. A willful 12,872
failure to notify the child support enforcement agency as 12,873
required by this division is contempt of court. Upon receipt of 12,874
a notice pursuant to this division, the agency immediately shall 12,875
conduct an investigation to determine if any reason exists for 12,876
which the support order should terminate. The agency may conduct 12,877
such an investigation regardless of whether it received notice 12,878
under this division. If the agency determines the order should 12,879
terminate, it immediately shall notify the court that issued the 12,880
support order of the reason for which the support order should 12,881
terminate.
(b) Upon receipt of a notice given pursuant to division 12,883
(G)(4)(a) of this section, the court shall order the division of 12,884
child support to impound any funds received for the child 12,886
pursuant to the support order and the court shall set the case 12,888
for a hearing for a determination of whether the support order 12,889
should be terminated or modified or whether the court should take 12,890
any other appropriate action.
(c) If the court terminates a support order pursuant to 12,892
divisions (G)(4)(a) and (b) of this section, the termination of 12,893
the support order also terminates any withholding or deduction 12,894
order as described in division (D) or (H) of this section issued 12,895
prior to December 31, 1993, and any withholding or deduction 12,897
notice as described in division (D) or court order as described 12,898
in division (D)(3), (D)(4), or (H) of this section issued on or 12,900
after December 31, 1993. Upon the termination of any withholding 12,901
or deduction order or any withholding or deduction notice, the 12,902
court immediately shall notify the appropriate child support 12,903
enforcement agency that the order or notice has been terminated, 12,904
287
and the agency immediately shall notify each payor or financial 12,905
institution required to withhold or deduct a sum of money for the 12,907
payment of support under the terminated withholding or deduction 12,908
order or notice that the order or notice has been terminated and 12,909
that it is required to cease all withholding or deduction under 12,910
the order or notice. 12,911
(d) The department of human services shall adopt rules 12,914
that provide for both of the following: 12,915
(i) The return to the appropriate person of any funds that 12,917
a court has ordered impounded under division (G)(4)(b) of this 12,918
section if the support order under which the funds were paid has 12,919
been terminated pursuant to divisions (G)(4)(a) and (b) of this 12,920
section; 12,921
(ii) The return to the appropriate person of any other 12,923
payments made pursuant to a support order if the payments were 12,924
made at any time after the support order under which the funds 12,925
were paid has been terminated pursuant to divisions (G)(4)(a) and 12,926
(b) of this section. 12,927
(5) If any party to a support order requests a 12,929
modification of the order or if any obligee under a support order 12,930
or any person on behalf of the obligee files any action to 12,931
enforce a support order, the court shall notify the child support 12,932
enforcement agency that is administering the support order or 12,933
that will administer the order after the court's determination of 12,934
the request or the action, of the request or the filing. 12,935
(6) When a child support enforcement agency receives any 12,937
notice under division (G) of section 2151.23, section 2301.37, 12,938
division (E) of section 3105.18, division (C) of section 3105.21, 12,939
division (A) of section 3109.05, division (F) of section 3111.13, 12,940
division (B) of section 3113.04, section 3113.21, section 12,941
3113.211, section 3113.212, division (K) of section 3113.31, or 12,942
division (C)(3) of section 3115.31 of the Revised Code, it shall 12,944
issue the most appropriate notices under division (D) of this 12,945
section. Additionally, it shall do all of the following: 12,946
288
(a) If the obligor is subject to a withholding notice 12,948
issued under division (D)(1) of this section and the notice 12,949
relates to the obligor's change of employment, send a withholding 12,950
notice under that division to the new employer of the obligor as 12,951
soon as the agency obtains knowledge of that employer; 12,952
(b) If the notification received by the agency specifies 12,954
that a lump-sum payment of one hundred fifty dollars or more is 12,956
to be paid to the obligor, notify the court of the receipt of the 12,957
notice and its contents. The agency may notify the court if the 12,959
notification specifies that a lump-sum payment of less than one 12,960
hundred fifty dollars is to be paid to the obligor. 12,961
(c) Comply with section 3113.212 of the Revised Code, as 12,963
appropriate. 12,964
(H)(1)(a) For purposes of division (D)(1) of this section, 12,966
when a person who fails to comply with a support order that is 12,967
subject to that division derives income from self-employment or 12,968
commission, is employed by an employer not subject to the 12,969
jurisdiction of the court, or is in any other employment 12,970
situation that makes the application of that division 12,971
impracticable, the court may require the person to enter into a 12,972
cash bond to the court in a sum fixed by the court at not less 12,973
than five hundred nor more than ten thousand dollars, conditioned 12,974
that the person will make payment as previously ordered. 12,975
(b) When a court determines at a hearing conducted under 12,977
division (B) of this section, or a child support enforcement 12,978
agency determines at a hearing or pursuant to an investigation 12,979
conducted under division (B) of this section, that the obligor 12,980
under the order in relation to which the hearing or investigation 12,981
is conducted is unemployed and has no other source of income and 12,982
no assets so that the application of divisions (B) and (D) of 12,983
this section would be impracticable, the court shall issue an 12,984
order as described in division (D)(4) of this section and shall 12,986
order the obligor to notify the child support enforcement agency 12,987
in writing immediately of the receipt of any source of income or 12,989
289
of the opening of an account in a financial institution, and to 12,990
include in the notification a description of the nature of the 12,991
employment or income source, the name, business address, and
telephone number of the employer or income source, and any other 12,992
information reasonably required by the court. 12,993
(2) When a court determines, at a hearing conducted under 12,995
division (C)(2) of this section, that an obligor is unemployed, 12,996
is not receiving workers' compensation payments, does not have an 12,997
account in a financial institution, and has no other source of 12,998
income and no assets so that the application of divisions (C)(2) 12,999
and (D) of this section would be impracticable, the court shall 13,000
issue an order as described in division (D)(4) of this section 13,001
and shall order the obligor to notify the child support 13,002
enforcement agency, in writing, immediately of the receipt of any 13,003
source of income or of the opening of an account in a financial 13,004
institution, and to include in the notification a description of 13,005
the nature of the employment or income source, the name, business 13,006
address, and telephone number of the employer or income source or 13,008
the name, address, and telephone number of the financial 13,009
institution, and any other information reasonably required by the 13,010
court. 13,011
(3)(a) Upon receipt of a notice from a child support 13,013
enforcement agency under division (G)(6) of this section that a 13,014
lump-sum payment is to be paid to the obligor, the court shall do 13,016
either of the following:
(i) If the obligor is in default under the support order 13,018
or has any unpaid arrearages under the support order, issue an 13,019
order requiring the transmittal of the lump-sum payment to the 13,020
division of child support. 13,021
(ii) If the obligor is not in default under the support 13,023
order and does not have any unpaid arrearages under the support 13,024
order, issue an order directing the person who gave the notice to 13,025
the court to immediately pay the full amount of the lump-sum 13,026
payment to the obligor. 13,027
290
(b) Upon receipt of any moneys pursuant to division 13,029
(H)(3)(a) of this section, the division of child support shall 13,031
pay the amount of the lump-sum payment that is necessary to
discharge all of the obligor's arrearages to the obligee and, 13,032
within two business days after its receipt of the money, any 13,033
amount that is remaining after the payment of the arrearages to 13,034
the obligor. 13,035
(c) Any court that issued an order prior to December 1, 13,037
1986, requiring an employer to withhold an amount from an 13,038
obligor's personal earnings for the payment of support shall 13,039
issue a supplemental order that does not change the original 13,040
order or the related support order requiring the employer to do 13,041
all of the following: 13,042
(i) No later than the earlier of forty-five days before a 13,044
lump-sum payment is to be made or, if the obligor's right to a 13,045
lump-sum payment is determined less than forty-five days before 13,046
it is to be made, the date on which that determination is made, 13,047
notify the child support enforcement agency of any lump-sum 13,048
payment of any kind of one hundred fifty dollars or more that is 13,050
to be paid to the obligor; 13,051
(ii) Hold the lump-sum payment for thirty days after the 13,053
date on which it would otherwise be paid to the obligor, if the 13,054
lump-sum payment is sick pay, a lump-sum payment of retirement 13,055
benefits or contributions, or profit-sharing payments or 13,056
distributions; 13,057
(iii) Upon order of the court, pay any specified amount of 13,059
the lump-sum payment to the division of child support. 13,060
(d) If an employer knowingly fails to notify the child 13,062
support enforcement agency in accordance with division (D) of 13,063
this section of any lump-sum payment to be made to an obligor, 13,064
the employer is liable for any support payment not made to the 13,065
obligee as a result of its knowing failure to give the notice as 13,066
required by that division. 13,067
(I)(1) Any support order, or modification of a support 13,069
291
order, that is subject to this section shall contain the date of 13,070
birth and social security number of the obligor. 13,071
(2) No withholding or deduction notice described in 13,073
division (D) or court order described in division (D)(3) or (4) 13,075
of this section shall contain any information other than the
information specifically required by division (A), (B), (C), or 13,076
(D) of this section or by any other section of the Revised Code 13,077
and any additional information that the issuing court determines 13,078
may be necessary to comply with the notice. 13,079
(J) No withholding or deduction notice described in 13,081
division (D) or court order described in division (D)(3) or (4) 13,083
of this section and issued under division (A), (B), or (C) of
this section or any other section of the Revised Code shall be 13,084
terminated solely because the obligor pays any part or all of the 13,086
arrearages under the support order.
(K)(1) Except as provided in division (K)(2) of this 13,088
section and section 2301.42 of the Revised Code and the rules 13,089
adopted pursuant to division (C) of that section, if child 13,090
support arrearages are owed by an obligor to the obligee and to 13,091
the department of human services, any payments received on the 13,092
arrearages by the division of child support first shall be paid 13,094
to the obligee until the arrearages owed to the obligee are paid
in full. 13,095
(2) Division (K)(1) of this section does not apply to the 13,097
collection of past-due child support from refunds of paid federal 13,098
taxes pursuant to section 5101.32 of the Revised Code or of 13,099
overdue child support from refunds of paid state income taxes 13,100
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 13,101
(L)(1) Each court with jurisdiction to issue support 13,103
orders or orders establishing the existence or nonexistence of a 13,104
parent and child relationship shall establish rules of court to 13,105
ensure that the following percentage of all actions to establish 13,106
the existence or nonexistence of a parent and child relationship, 13,107
to establish a support requirement, or to modify a previously 13,108
292
issued support order be completed within the following time 13,109
limits:
(a) Seventy-five per cent of all of the actions shall be 13,111
completed within six months after they were initially filed; 13,113
(b) Ninety per cent of all of the actions shall be 13,115
completed within twelve months after they were initially filed. 13,117
(2) If a case involves complex legal issues requiring full 13,119
judicial review, the court shall issue a temporary support order 13,120
within the time limits set forth in division (L)(1) of this 13,121
section, which temporary order shall be in effect until a final 13,122
support order is issued in the case. All cases in which the 13,123
imposition of a notice or order under division (D) of this 13,124
section is contested shall be completed within the period of time 13,125
specified by law for completion of the case. The failure of a 13,126
court to complete a case within the required period does not 13,127
affect the ability of any court to issue any order under this 13,128
section or any other section of the Revised Code for the payment 13,129
of support, does not provide any defense to any order for the 13,130
payment of support that is issued under this section or any other 13,131
section of the Revised Code, and does not affect any obligation 13,132
to pay support. 13,133
(3)(a) In any Title IV-D case, the judge, when necessary 13,135
to satisfy the federal requirement of expedited process for 13,136
obtaining and enforcing support orders, shall appoint magistrates 13,138
to make findings of fact and recommendations for the judge's 13,139
approval in the case. All magistrates appointed pursuant to this 13,141
division shall be attorneys admitted to the practice of law in 13,142
this state. If the court appoints a magistrate pursuant to this 13,143
division, the court may appoint any additional administrative and 13,144
support personnel for the magistrate. 13,145
(b) Any magistrate appointed pursuant to division 13,147
(L)(3)(a) of this section may perform any of the following 13,149
functions:
(i) The taking of testimony and keeping of a record in the 13,151
293
case; 13,152
(ii) The evaluation of evidence and the issuance of 13,154
recommendations to establish, modify, and enforce support orders; 13,155
(iii) The acceptance of voluntary acknowledgments of 13,157
support liability and stipulated agreements setting the amount of 13,158
support to be paid; 13,159
(iv) The entering of default orders if the obligor does 13,161
not respond to notices in the case within a reasonable time after 13,162
the notices are issued; 13,163
(v) Any other functions considered necessary by the court. 13,165
(4) The child support enforcement agency may conduct 13,167
administrative reviews of support orders to obtain voluntary 13,168
notices or court orders under division (D) of this section and to 13,169
correct any errors in the amount of any arrearages owed by an 13,170
obligor. The obligor and the obligee shall be notified of the 13,171
time, date, and location of the administrative review at least 13,172
fourteen days before it is held. 13,173
(M)(1) The termination of a support obligation or a 13,175
support order does not abate the power of any court to collect 13,176
overdue and unpaid support or to punish any person for a failure 13,178
to comply with an order of the court or to pay any support as 13,179
ordered in the terminated support order and does not abate the 13,180
authority of a child support enforcement agency to issue, in 13,181
accordance with this section, any notice described in division 13,182
(D) of this section or of a court to issue, in accordance with 13,183
this section, any court order as described in division (D)(3) or 13,184
(4) of this section to collect any support due or arrearage under 13,185
the support order. 13,187
(2) Any court that has the authority to issue a support 13,189
order shall have all powers necessary to enforce that support 13,190
order, and all other powers, set forth in this section. 13,191
(3) Except as provided in division (M)(4) of this section, 13,193
a court may not retroactively modify an obligor's duty to pay a 13,194
delinquent support payment. 13,195
294
(4) A court with jurisdiction over a support order may 13,197
modify an obligor's duty to pay a support payment that becomes 13,198
due after notice of a petition to modify the support order has 13,199
been given to each obligee and to the obligor before a final 13,200
order concerning the petition for modification is entered. 13,201
(N) If an obligor is in default under a support order and 13,203
has a claim against another person of more than one thousand 13,204
dollars, the obligor shall notify the child support enforcement 13,205
agency of the claim, the nature of the claim, and the name of the 13,206
person against whom the claim exists. If an obligor is in 13,207
default under a support order and has a claim against another 13,208
person or is a party in an action for any judgment, the child 13,209
support enforcement agency or the agency's attorney, on behalf of 13,210
the obligor, immediately shall file with the court in which the 13,211
action is pending a motion to intervene in the action or a 13,212
creditor's bill. The motion to intervene shall be prepared and 13,213
filed pursuant to Civil Rules 5 and 24(A) and (C). 13,214
Nothing in this division shall preclude an obligee from 13,216
filing a motion to intervene in any action or a creditor's bill. 13,217
(O) If an obligor is receiving unemployment compensation 13,219
benefits, an amount may be deducted from those benefits for 13,220
purposes of child support, in accordance with section 2301.371 13,221
and division (D)(4) of section 4141.28 of the Revised Code. Any 13,222
deduction from a source in accordance with those provisions is in 13,223
addition to, and does not preclude, any withholding or deduction 13,224
for purposes of support under divisions (A) to (N) of this 13,225
section. 13,226
(P) As used in this section, and in sections 3113.211 to 13,228
3113.219 of the Revised Code: 13,229
(1) "Financial institution" means a bank, savings and loan 13,231
association, or credit union, or a regulated investment company 13,232
or mutual fund in which a person who is required to pay child 13,233
support has funds on deposit that are not exempt under the law of 13,234
this state or the United States from execution, attachment, or 13,235
295
other legal process. 13,236
(2) "Title IV-D case" means any case in which the child 13,238
support enforcement agency is enforcing the child support order 13,239
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 13,240
2351 (1975), 42 U.S.C. 651, as amended. 13,241
(3) "Obligor" means the person who is required to pay 13,243
support under a support order. 13,244
(4) "Obligee" means the person who is entitled to receive 13,246
the support payments under a support order. 13,247
(5) "Support order" means an order for the payment of 13,249
support and, for orders issued or modified on or after December 13,250
31, 1993, includes any notices described in division (D) or (H) 13,251
of this section that are issued in accordance with this section. 13,252
(6) "Support" means child support, spousal support, and 13,254
support for a spouse or former spouse. 13,255
(7) "Personal earnings" means compensation paid or payable 13,257
for personal services, however denominated, and includes, but is 13,258
not limited to, wages, salary, commissions, bonuses, draws 13,259
against commissions, profit sharing, and vacation pay. 13,260
(8) "Default" has the same meaning as in section 2301.34 13,262
of the Revised Code. 13,263
(9) "Payor" means any person or entity that pays or 13,266
distributes income to an obligor, including the obligor, if the 13,267
obligor is self employed; an employer; an employer that is paying 13,268
the obligor's workers' compensation benefits; the public 13,269
employees retirement board; the board of trustees, or other 13,270
governing entity of a municipal retirement system; the board of 13,271
trustees of the OHIO police and firemen's disability and FIRE 13,273
pension fund; the state teachers retirement board; the school 13,275
employees retirement board; the state highway patrol retirement 13,276
board; the bureau of workers' compensation; or any other person 13,277
or entity, except the bureau of employment services with respect 13,278
to unemployment compensation benefits paid pursuant to Chapter 13,279
4141. of the Revised Code.
296
(Q) As used in this section, "income" means any form of 13,283
monetary payment, including personal earnings; workers' 13,284
compensation payments; unemployment compensation benefits to the 13,286
extent permitted by, and in accordance with, section 2301.371 of
the Revised Code, division (D)(4) of section 4141.28 of the 13,287
Revised Code, and federal law governing the bureau of employment 13,288
services; pensions; annuities; allowances; private or 13,289
governmental retirement benefits; disability or sick pay; 13,290
insurance proceeds; lottery prize awards; federal, state, or 13,291
local government benefits to the extent that the benefits can be 13,292
withheld or deducted under the law governing the benefits; any 13,293
form of trust fund or endowment; lump-sum payments; and any other 13,294
payment in money. 13,295
Sec. 3307.28. The membership of any person in the state 13,304
teachers retirement system shall cease on occurrence of any of 13,306
the following: receipt of payment pursuant to section 3307.46 of 13,307
the Revised Code; retirement as provided in section 3307.38 or 13,308
3307.39 of the Revised Code; death; or denial of membership 13,309
pursuant to section 3307.27 of the Revised Code.
Except as provided in this section, a member or former 13,311
member of the state teachers retirement system with at least one 13,313
and one-half years of contributing service credit in this system, 13,314
the public employees retirement system, the school employees 13,315
retirement system, the OHIO police and firemen's disability and 13,317
FIRE pension fund, or the state highway patrol retirement system 13,318
after the withdrawal and cancellation of service credit in this 13,319
system may restore all or part of such service credit by 13,320
repayment of the amount withdrawn. To this amount shall be added 13,321
interest at a rate per annum, compounded annually, to be 13,322
determined by the retirement board. Interest shall be payable 13,323
from the first of the month of withdrawal through the month of 13,324
repayment. A member may choose to purchase only part of such 13,326
credit in any one payment. The cost for restoring partial
service shall be calculated as the proportion that it bears to 13,327
297
the total cost at the time of purchase and is subject to the 13,328
rules established by the board. If a former member is eligible 13,329
to buy the service credit as a member of the OHIO police and 13,332
firemen's disability and FIRE pension fund or state highway 13,333
patrol retirement system, the former member is ineligible to 13,334
restore that service credit under this section. 13,335
The total payment to restore canceled service credit shall 13,338
be credited as follows:
(A) The amount that equals contributions made pursuant to 13,340
section 3307.51 of the Revised Code, plus any interest on the 13,342
contributions paid by the member pursuant to this section, to the 13,343
member's account in the teachers' savings fund; 13,344
(B) The amount that equals the amount paid under section 13,346
3307.80 of the Revised Code, to the employers trust fund; 13,347
(C) The remainder of the payment to restore canceled 13,349
service credit, to the guarantee fund. 13,350
Sec. 3307.32. (A) Service credit purchased under this 13,359
section shall be included in the member's total service credit. 13,360
Credit may be purchased for the following: 13,361
(1) Teaching service in a public or private school, 13,363
college, or university of this or another state, and for teaching 13,364
service in any school or entity operated by or for the United 13,365
States government. Teaching credit purchased under this section 13,366
shall be limited to service rendered in schools, colleges, or 13,367
universities chartered or accredited by the appropriate 13,368
governmental agency. 13,369
(2) Public service with another state or the United States 13,371
government, provided that such credit shall be limited to service 13,372
that would have been covered by the state teachers retirement 13,373
system, the school employees retirement system, the OHIO police 13,375
and firemen's disability and FIRE pension fund, the state highway 13,376
patrol retirement system, or the public employees retirement 13,378
system if served in a comparable public position in this state. 13,379
(3) Service for which contributions were made by the 13,381
298
member or on his THE MEMBER'S behalf to a municipal retirement 13,382
system in this state. 13,384
The number of years of service purchased under this section 13,386
shall not exceed the lesser of five years or the member's total 13,387
accumulated number of years of Ohio service. 13,388
(B)(1) Except as otherwise provided in division (B)(2) of 13,390
this section, for each year of service purchased under this 13,391
section, a member shall pay to the state teachers retirement 13,392
system for credit to his THE MEMBER'S accumulated account an 13,393
amount equal to his THE MEMBER'S retirement contribution for 13,395
full-time employment for the first year of Ohio service following 13,397
termination of the service to be purchased. To this amount shall 13,398
be added an amount equal to compound interest at a rate 13,399
established by the state teachers retirement board from the date 13,400
of membership in the state teachers retirement system to the date 13,401
of payment.
(2) For each year of service described in division (A) of 13,403
this section that commenced on or after July 1, 1989, and, 13,404
without regard to when the service commenced, for each year of 13,405
service purchased under division (A) of this section by a member 13,406
who first established membership in the retirement system on or 13,407
after July 1, 1989, the member shall pay to the retirement system 13,408
for credit to his THE MEMBER'S individual account an amount 13,409
specified by the state teachers retirement board that shall be 13,411
not less than fifty per cent of the additional liability 13,412
resulting from the purchase of that year of service as determined 13,413
by an actuary employed by the board. 13,414
(3) A member may choose to purchase only part of the 13,416
credit he THE MEMBER is eligible to purchase under this section 13,417
in any one payment, subject to board rules. 13,419
(C) A member is ineligible to purchase under this section 13,421
service that is used in the calculation of any retirement benefit 13,422
currently being paid or payable in the future to such member 13,423
under any other retirement program, except social security. At 13,424
299
the time the credit is purchased, the member shall certify on a 13,425
form furnished by the retirement board that he THE MEMBER does 13,426
and will conform to this requirement. 13,428
(D) Credit purchased under this section may be combined 13,430
pursuant to section 3307.41 of the Revised Code with credit 13,431
purchased under sections 145.293 and 3309.31 of the Revised Code, 13,432
except that not more than a total of five years' service credit 13,433
purchased under this section and sections 145.293 and 3309.31 of 13,434
the Revised Code shall be used in determining retirement 13,435
eligiblity ELIGIBILITY or calculating benefits under section 13,436
3307.41 of the Revised Code. 13,438
(E) The retirement board shall establish a policy to 13,440
determine eligibility to purchase credit under this section, and 13,441
its decision shall be final. 13,442
Sec. 3307.33. (A) As used in this section, "other Ohio 13,451
state retirement system" means the public employees retirement 13,452
system, the school employees retirement system, the OHIO police 13,454
and firemen's disability and FIRE pension fund, or the state 13,455
highway patrol retirement system. 13,456
(B) Any member, in addition to service as a teacher, may 13,458
purchase credit for either of the following: 13,459
(1) Similar service as a teacher in the public day 13,461
schools, in state universities, state normal schools, and other 13,462
state or municipal institutions of a character similar to the 13,463
state or municipally supported schools of Ohio in which 13,464
membership in the state teachers retirement system is allowed, of 13,465
another state of the United States, or of any territory or 13,466
possession of the United States, or of the District of Columbia; 13,467
(2) Similar service as an employee of an employer who 13,469
comes within any other Ohio state retirement system but for 13,470
service which is rendered at any time in another state of the 13,471
United States or of any territory or possession thereof, or for 13,472
service as an employee of the United States government, provided 13,473
credit cannot be purchased for service credit or benefits 13,474
300
received in any other state retirement system in Ohio. 13,475
(C) Any member who has at least ten years of total service 13,477
credit may also purchase credit for similar service as a teacher 13,478
in a private school, college, university, or other educational 13,479
institution that is located in this or another state, in any 13,480
territory or possession of the United States, or in the District 13,481
of Columbia, and is chartered or accredited by the appropriate 13,482
governmental agency. 13,483
(D) The state teachers retirement board shall have final 13,485
authority to determine and fix the amount of the payment that 13,486
shall be made for credit for service purchased under this 13,487
section, provided that if the member established membership in 13,488
the state teachers retirement system on or after July 1, 1989, or 13,489
the credit is for service described in division (B) or (C) of 13,490
this section that commenced on or after July 1, 1989, the amount 13,491
of the payment fixed by the board shall be not less than fifty 13,492
per cent of the additional liability resulting from the credit as 13,493
specified by an actuary employed by the board. 13,494
A member may choose to purchase only part of the credit he 13,496
THE MEMBER is eligible to purchase under this section in any one 13,498
payment, subject to board rules. Such payment, together with 13,499
interest compounded annually at a rate to be determined by the 13,500
board, may be refunded under the same conditions and in the same 13,501
manner as refunds are made under section 3307.51 of the Revised 13,502
Code, and the credit provided by such payment shall be canceled. 13,503
At superannuation or commuted superannuation retirement such 13,504
payment for service, with regular interest compounded annually at 13,505
a rate to be determined by the board, shall be deposited in the 13,506
annuity and pension reserve fund as the reserve for additional 13,507
annuity as provided in section 3307.51 of the Revised Code, 13,508
excepting moneys charged for any additional liabilities resulting 13,509
from the purchase of the service credit as determined by the 13,510
actuary employed by the board. 13,511
Sec. 3307.381. (A) As used in this section: 13,520
301
(1) "Superannuate" means a former teacher receiving a 13,522
service retirement allowance under section 3307.38 or 3307.39 of 13,523
the Revised Code from the state teachers retirement system or a 13,524
combined service retirement benefit paid in accordance with 13,525
section 3307.41 of the Revised Code, regardless of which 13,526
retirement system is paying the benefit. 13,527
(2) "Other system retirant" means a member or former 13,529
member of the public employees retirement system, OHIO police and 13,531
firemen's disability and FIRE pension fund, school employees 13,532
retirement system, state highway patrol retirement system, or 13,533
Cincinnati retirement system who is receiving age and service or 13,534
commuted age and service retirement, or a disability benefit from 13,535
a system of which he THE RETIRANT is a member or former member. 13,536
(B) A superannuate may be employed for temporary service 13,538
as a teacher, provided: 13,539
(1) At least two months have elapsed since the effective 13,541
date of his THE SUPERANNUATE'S retirement. 13,542
(2) Such employment does not exceed eighty-five school 13,544
days, or the equivalent thereof in fractional service, during any 13,545
school year. 13,546
(C) A superannuate may be employed as a full-time teacher, 13,548
provided: 13,549
(1) He THE SUPERANNUATE has received a retirement 13,551
allowance from the state teachers retirement system for at least 13,553
eighteen months.
(2) The employer requests the retirement board of the 13,555
state teachers retirement system to authorize such employment. 13,556
(D) An other system retirant may be employed as a teacher, 13,558
provided at least two months have elapsed since the effective 13,559
date of his THE RETIRANT'S retirement or receipt of a disability 13,560
benefit. 13,561
(E) If a superannuate or other system retirant is employed 13,563
in accordance with division (B), (C), or (D) of this section, he 13,564
THE SUPERANNUATE OR RETIRANT shall contribute to the state 13,565
302
teachers retirement system in accordance with section 3307.51 of 13,567
the Revised Code and the employer shall contribute in accordance 13,568
with sections 3307.53 and 3307.56 of the Revised Code. Such 13,569
contributions shall be received as specified in section 3307.65 13,570
of the Revised Code. A superannuate or other system retirant 13,571
employed as a teacher is not a member of the state teachers 13,572
retirement system, does not have any of the rights, privileges, 13,573
or obligations of membership, except as provided in this section, 13,574
and is not eligible to receive health, medical, hospital, or 13,575
surgical benefits under section 3307.74 of the Revised Code for 13,576
employment subject to this section. 13,577
(F) The employer that employs a superannuate or other 13,579
system retirant shall notify the state teachers retirement board 13,580
of the employment not later than the end of the month in which 13,581
the employment commences. Any overpayment of benefits to a 13,582
superannuate by the retirement system resulting from an 13,583
employer's failure to give timely notice may be charged to the 13,584
employer and may be certified and deducted as provided in section 13,585
3307.56 of the Revised Code. 13,586
(G) On receipt of notice from an employer that a person 13,588
who is an other system retirant has been employed, the state 13,589
teachers retirement system shall notify the state retirement 13,590
system of which the other system retirant was a member of such 13,591
employment. 13,592
(H) A superannuate or other system retirant who has 13,594
received his A retirement allowance or disability benefit for 13,595
less than the applicable period under division (B), (C), or (D) 13,597
of this section when his employment as a teacher commences shall 13,598
forfeit his THE retirement allowance or disability benefit for 13,599
any month he THE SUPERANNUATE OR RETIRANT is employed prior to 13,601
the expiration of such period. Contributions shall be made to the 13,603
retirement system from the first day of such employment, but 13,604
service and contributions for that period shall not be used in 13,605
the calculation of any benefit payable to the superannuate or 13,606
303
other system retirant, and those contributions shall be refunded 13,607
on his THE SUPERANNUATE'S OR RETIRANT'S death or termination of 13,608
the employment. Contributions made on compensation earned after 13,609
the expiration of such period shall be used in calculation of the 13,610
benefit or payment due under this section. 13,611
(I) On receipt of notice from the OHIO police and 13,613
firemen's disability and FIRE pension fund, public employees 13,615
retirement system, or school employees retirement system of the 13,617
re-employment of a superannuate, the state teachers retirement 13,618
system shall not pay, or if paid shall recover, the amount to be 13,619
forfeited by the superannuate in accordance with section 145.38, 13,620
742.26, or 3309.341 of the Revised Code. 13,621
(J)(1) On termination of employment under this section, a 13,623
superannuate or other system retirant may file an application 13,624
with the state teachers retirement system for a benefit under 13,625
this division, which shall consist of a single life annuity 13,626
having a reserve equal to the amount of his THE SUPERANNUATE'S OR 13,627
RETIRANT'S accumulated contributions for the period of employment 13,629
and an equal amount from the employers' trust created by section 13,630
3307.65 of the Revised Code, plus interest credited to the date 13,631
of retirement at the then current actuarial rate of interest. 13,632
The superannuate or other system retirant shall elect either to 13,633
receive the benefit as a monthly annuity for his life or a 13,634
lump-sum payment discounted to the present value using the 13,635
current actuarial assumption rate of interest, except that if his 13,636
THE monthly annuity would be less than twenty-five dollars per 13,638
month he THE SUPERANNUATE OR RETIRANT shall receive a lump-sum 13,640
payment.
(2) A benefit payable under this division shall commence 13,642
on the latest of the following: 13,643
(a) The last day for which compensation for employment as 13,645
a teacher was paid; 13,646
(b) Attainment by the superannuate or other system 13,648
retirant of age sixty-five; 13,649
304
(c) If the superannuate or other system retirant was 13,651
previously employed under this section and previously received or 13,652
is receiving a benefit under this division, completion of a 13,653
period of twelve months since the effective date of the last 13,654
benefit under this division. 13,655
(3)(a) If a superannuate or other system retirant dies 13,657
while employed in employment subject to this section, a lump-sum 13,658
payment calculated in accordance with division (J)(1) of this 13,659
section shall be paid to the beneficiary designated under 13,660
division (D) of section 3307.48 of the Revised Code. 13,661
(b) If at the time of his death a superannuate or other 13,663
system retirant receiving a monthly annuity has received less 13,664
than he THE SUPERANNUATE OR RETIRANT would have received as a 13,665
lump-sum payment, the difference between the amount he received 13,667
and the amount he THAT would have BEEN received as a lump-sum 13,669
payment shall be paid to his THE SUPERANNUATE'S OR RETIRANT'S 13,670
beneficiary designated under division (D) of section 3307.48 of 13,671
the Revised Code. 13,672
(4) No amount received under this section shall be 13,674
included in determining an additional benefit under section 13,675
3307.403 of the Revised Code or any other post-retirement benefit 13,676
increase. 13,677
(K) If the disability benefit of an other system retirant 13,679
employed under this section is terminated, he THE RETIRANT shall 13,680
become a member of the state teachers retirement system, 13,682
effective on the first day of the month next following the 13,683
termination, with all the rights, privileges, and obligations of 13,684
membership. If such person, after the termination of his THE 13,685
RETIRANT'S disability benefit, earns two years of service credit 13,687
under this retirement system or under the public employees 13,688
retirement system, OHIO police and firemen's disability and FIRE 13,690
pension fund, school employees retirement system, or state 13,692
highway patrol retirement system, his THE RETIRANT'S prior 13,693
contributions as an other system retirant under this section 13,694
305
shall be included in his THE RETIRANT'S total service credit as a 13,696
state teachers retirement system member, and he THE RETIRANT 13,697
shall forfeit all rights and benefits of this section. Not more 13,699
than one year of credit may be given for any period of twelve 13,700
months.
(L) A superannuate shall not receive the pension portions 13,702
of a retirement allowance for any period for which he THE 13,703
SUPERANNUATE is compensated under a private contract, or through 13,705
an independent contractor, whereby he THE SUPERANNUATE is to 13,706
perform personal or professional services for the employer by 13,708
which he THE SUPERANNUATE was employed at the time of retirement. 13,710
(M) This section does not affect the receipt of benefits 13,712
by or eligibility for benefits of any person who on August 20, 13,713
1976, was receiving a disability benefit or service retirement 13,714
pension or allowance from a state or municipal retirement system 13,715
in Ohio and was a member of any other state or municipal 13,716
retirement system of this state. 13,717
(N) The retirement board of the state teachers retirement 13,719
system may make the necessary rules to carry into effect this 13,720
section and to prevent the abuse of the rights and privileges 13,721
thereunder. 13,722
Sec. 3307.412. (A) A member of the state teachers 13,732
retirement system who has contributions on deposit with the OHIO 13,733
police and firemen's disability and FIRE pension fund or the 13,734
state highway patrol retirement system shall, in computing years 13,735
of total service, be given full credit for service credit earned 13,736
under Chapter 742. or 5505. of the Revised Code or purchased for 13,740
service in the armed forces of the United States if a transfer to 13,743
the state teachers retirement system is made under this division. 13,744
At the request of the member, the OHIO police and firemen's 13,745
disability and FIRE pension fund or state highway patrol 13,746
retirement system shall transfer to the state teachers retirement 13,747
system, for each year of service, the sum of the following: 13,749
(1) An amount equal to the member's payments for service 13,752
306
in the armed forces of the United States and accumulated 13,754
contributions to the transferring fund or system; 13,755
(2) An amount equal to the lesser of the employer's 13,757
contributions to the OHIO police and firemen's disability and 13,759
FIRE pension fund or state highway patrol retirement system or 13,760
the amount that would have been contributed by the employer for 13,761
the service had the member been a member of the state teachers 13,762
retirement system; 13,763
(3) Interest, determined as provided in division (E) of 13,766
this section, on the amounts specified in divisions (A)(1) and 13,768
(2) of this section from the last day of the year for which the 13,770
service credit was earned or in which military service credit was 13,771
purchased or obtained to the date the transfer is made. 13,773
(B) A member who has at least eighteen months of 13,776
contributing service with the state teachers retirement system, 13,777
is a former member of the OHIO police and firemen's disability 13,779
and FIRE pension fund or state highway patrol retirement system, 13,781
and has received a refund of contributions to that fund or system 13,782
shall, in computing years of total service, be given full credit 13,783
for service credit earned under Chapter 742. or 5505. of the 13,785
Revised Code or purchased for service in the armed forces of the 13,787
United States if, for each year of service, the state teachers 13,790
retirement system receives the sum of the following: 13,791
(1) An amount, which shall be paid by the member, equal to 13,794
the amount refunded by the OHIO police and firemen's disability 13,795
and FIRE pension fund or the state highway patrol retirement 13,796
system to the member for that year for accumulated contributions 13,797
and payments for purchase of credit for service in the armed 13,798
forces of the United States, with interest on that amount from 13,800
the date of the refund to the date of the payment; 13,803
(2) Interest, which shall be transferred by the OHIO 13,806
police and firemen's disability and FIRE pension fund or state 13,807
highway patrol retirement system, on the amount refunded to the 13,809
member that is attributable to the year of service from the last 13,811
307
day of the year for which the service credit was earned or in 13,812
which military service credit was purchased or obtained to the 13,813
date the refund was made; 13,814
(3) An amount, which shall be transferred by the OHIO 13,816
police and firemen's disability and FIRE pension fund or state 13,817
highway patrol retirement system, equal to the lesser of the 13,818
amount contributed by the employer to the OHIO police and 13,819
firemen's disability and FIRE pension fund or state highway 13,821
patrol retirement system for that year or the amount that would 13,822
have been contributed by the employer for the year had the member 13,823
been a member of the state teachers retirement system, with 13,824
interest on that amount from the last day of the year for which 13,827
the service credit was earned or in which military service credit 13,828
was purchased or obtained to the date of the transfer. 13,830
On receipt of payment from the member, the state teachers 13,833
retirement system shall notify the OHIO police and firemen's 13,834
disability and FIRE pension fund or the state highway patrol 13,835
retirement system, which, on receipt of the notice, shall make 13,836
the transfer required by this division. Interest shall be 13,837
determined as provided in division (E) of this section. 13,839
A member may choose to purchase only part of the credit the 13,842
member is eligible to purchase under this division in any one 13,843
payment, subject to rules of the state teachers retirement board. 13,844
(C) A member is ineligible to obtain credit under this 13,847
section for service that is used in the calculation of any 13,848
retirement benefit currently being paid or payable in the future. 13,849
(D) If a member of the state teachers retirement system 13,852
who is not a current contributor elects to obtain credit under 13,853
section 742.379 or 5505.202 of the Revised Code for service for 13,854
which the member contributed to the state teachers retirement 13,855
system or purchased credit for service in the armed forces of the 13,856
United States, the state teachers retirement system shall 13,859
transfer to the OHIO police and firemen's disability and FIRE 13,861
pension fund or state highway patrol retirement system, as 13,862
308
applicable, the amount specified in division (D) of section 13,863
742.379 or division (B)(2) of section 5505.202 of the Revised 13,865
Code.
(E) Interest charged under this section shall be 13,868
calculated separately for each year of service credit at the 13,869
lesser of the actuarial assumption rate for that year of the 13,870
state teachers retirement system or of the fund or retirement 13,871
system in which the credit was earned. The interest shall be 13,872
compounded annually. 13,873
(F) The state teachers retirement board shall credit to a 13,876
member's account in the teachers' savings fund the amounts 13,877
described in divisions (A)(1) and (B)(1) of this section, except 13,879
that the interest paid by the member under division (B)(1) of 13,880
this section shall be credited to the employers' trust fund. The 13,882
board shall credit to the employers' trust fund the amounts
described in divisions (A)(2), (3), and (B)(2) of this section. 13,885
Sec. 3307.74. (A) The state teachers retirement board may 13,894
enter into an agreement with insurance companies, health insuring 13,896
corporations, or government agencies authorized to do business in 13,897
the state for issuance of a policy or contract of health, 13,898
medical, hospital, or surgical benefits, or any combination 13,899
thereof, for those individuals receiving service retirement or a 13,900
disability or survivor benefit subscribing to the plan. 13,902
Notwithstanding any other provision of this chapter, the policy 13,904
or contract may also include coverage for any eligible
individual's spouse and dependent children and for any of the 13,906
individual's sponsored dependents as the board considers 13,907
appropriate. If all or any portion of the policy or contract 13,908
premium is to be paid by any individual receiving service 13,909
retirement or a disability or survivor benefit, the individual 13,910
shall, by written authorization, instruct the board to deduct the 13,912
premium agreed to be paid by the individual to the companies, 13,913
corporations, or agencies. 13,914
The board may contract for coverage on the basis of part or 13,917
309
all of the cost of the coverage to be paid from appropriate funds 13,918
of the state teachers retirement system. The cost paid from the 13,919
funds of the system shall be included in the employer's 13,921
contribution rate provided by section 3307.53 of the Revised 13,922
Code.
The board may provide for self-insurance of risk or level 13,924
of risk as set forth in the contract with the companies, 13,925
corporations, or agencies, and may provide through the 13,926
self-insurance method specific benefits as authorized by the 13,927
rules of the board. 13,928
(B) If the board provides health, medical, hospital, or 13,930
surgical benefits through any means other than a health insuring 13,932
corporation, it shall offer to each individual eligible for the 13,934
benefits the alternative of receiving benefits through enrollment 13,935
in a health insuring corporation, if all of the following apply: 13,937
(1) The health insuring corporation provides health care 13,940
services in the geographical area in which the individual lives; 13,942
(2) The eligible individual was receiving health care 13,944
benefits through a health maintenance organization or a health 13,946
insuring corporation before retirement; 13,947
(3) The rate and coverage provided by the health insuring 13,950
corporation to eligible individuals is comparable to that 13,953
currently provided by the board under division (A) of this
section. If the rate or coverage provided by the health insuring 13,955
corporation is not comparable to that currently provided by the 13,957
board under division (A) of this section, the board may deduct 13,958
the additional cost from the eligible individual's monthly 13,959
benefit.
The health insuring corporation shall accept as an enrollee 13,963
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 13,965
from one plan to another at least once a year at a time 13,966
determined by the board. 13,967
(C) The board shall, beginning the month following receipt 13,969
310
of satisfactory evidence of the payment for coverage, make a 13,970
monthly payment to each recipient of service retirement, or a 13,971
disability or survivor benefit under the state teachers 13,972
retirement system who is eligible for insurance coverage under 13,973
part B of "The Social Security Amendments of 1965," 79 Stat. 301, 13,974
42 U.S.C.A. 1395j, as amended. The payment shall be the greater 13,976
of the following:
(1) Twenty-nine dollars and ninety cents; 13,978
(2) An amount determined by multiplying the basic premium 13,981
for the coverage by a percentage, not exceeding ninety per cent, 13,982
determined by multiplying the years of service used in 13,983
calculating the service retirement or benefit by a percentage 13,984
determined by the board not exceeding three per cent. 13,985
(D) The board shall establish by rule requirements for the 13,987
coordination of any coverage, payment, or benefit provided under 13,989
this section or section 3307.405 of the Revised Code with any 13,991
similar coverage, payment, or benefit made available to the same 13,992
individual by the public employees retirement system, OHIO police 13,993
and firemen's disability and FIRE pension fund, school employees 13,995
retirement system, or state highway patrol retirement system. 13,996
(E) The board shall make all other necessary rules 13,998
pursuant to the purpose and intent of this section. 13,999
Sec. 3309.26. The membership of any person in the school 14,008
employees retirement system shall terminate if the person 14,009
withdraws the person's accumulated contributions, retires on a 14,010
retirement allowance as provided in sections 3309.36, 3309.38, 14,012
and 3309.381 of the Revised Code, or dies, unless otherwise 14,013
provided in Chapter 3309. of the Revised Code. 14,014
A former member with an account in the employees' savings 14,016
fund who formerly lost membership shall be reinstated as a member 14,018
with all the rights, privileges, and obligations as provided in 14,019
Chapter 3309. of the Revised Code.
Except as provided in this section, a member or former 14,022
member of the school employees retirement system with at least 14,023
311
one and one-half years of contributing service credit in this 14,024
system, the public employees retirement system, the state 14,025
teachers retirement system, the OHIO police and firemen's 14,027
disability and FIRE pension fund, or the state highway patrol 14,029
retirement system, subsequent to the withdrawal of contributions 14,030
and cancellation of service credit in this system may restore 14,031
such service credit by redepositing in the employees' savings 14,032
fund the amount withdrawn with interest at a rate to be
determined by the board, compounded annually, from the first of 14,033
the month of withdrawal to and including the month of redeposit. 14,034
A member may choose to purchase only part of such credit in any 14,035
one payment, subject to board rules. The total payment to 14,036
restore cancelled service credit, plus any interest credited 14,037
thereto, shall be considered as accumulated contributions of the 14,038
member. If a former member is eligible to buy the service credit 14,039
as a member of the OHIO police and firemen's disability and FIRE 14,041
pension fund or state highway patrol retirement system, the 14,042
former member is ineligible to restore that service credit under 14,043
this section.
Sec. 3309.31. Service credit purchased under this section 14,052
shall be included in the member's total service credit. Credit 14,053
may be purchased for the following: 14,054
(A) School service in a public or private school, college, 14,056
or university of this or another state, and for school service in 14,057
any school or entity operated by or for the United States 14,058
government. Credit purchased under this section for school 14,059
service shall be limited to service rendered in schools, 14,060
colleges, or universities chartered or accredited by the 14,061
appropriate governmental agency. 14,062
(B) Public service with another state or the United States 14,064
government, provided that such credit shall be limited to service 14,065
that would have been covered by the state teachers retirement 14,066
system, the OHIO police and firemen's disability and FIRE pension 14,068
fund, the state highway patrol retirement system, or the public 14,069
312
employees retirement system if served in a comparable public 14,070
position in this state. 14,071
(C) Service for which contributions were made by the 14,073
member or on his THE MEMBER'S behalf to a municipal retirement 14,074
system in this state. 14,076
The number of years of service purchased under this section 14,079
shall not exceed the lesser of five years or the member's total 14,080
accumulated number of years of Ohio service.
For each year of service purchased under this section, a 14,082
member shall pay to the school employees retirement system for 14,083
credit to his THE MEMBER'S accumulated account an amount equal to 14,085
his THE MEMBER'S retirement contribution for full-time employment 14,086
for the first year of Ohio service following termination of the 14,087
service to be purchased. To this amount shall be added an amount 14,088
equal to compound interest at a rate established by the school 14,089
employees retirement board from the date of membership in the 14,090
school employees retirement system to date of payment. A member 14,091
may choose to purchase only part of such credit in any one 14,092
payment, subject to board rules. 14,093
A member is ineligible to purchase under this section 14,095
service that is used in the calculation of any retirement benefit 14,096
currently being paid or payable in the future to the member under 14,097
any other retirement program, except social security. At the 14,098
time the credit is purchased, the member shall certify on a form 14,099
furnished by the retirement board that he THE MEMBER does and 14,100
will conform to this requirement. 14,102
(D) Credit purchased under this section may be combined 14,104
pursuant to section 3309.35 of the Revised Code with credit 14,105
purchased under sections 145.293 and 3307.32 of the Revised Code, 14,106
except that not more than an aggregate total of five years' 14,107
service credit purchased under this section and sections 145.293 14,108
and 3307.32 of the Revised Code shall be used in determining 14,109
retirement eligibility or calculating benefits under section 14,110
3309.35 of the Revised Code. 14,111
313
(E) The retirement board shall establish a policy to 14,113
determine eligibility to purchase credit under this section, and 14,114
its decision shall be final. 14,115
Sec. 3309.341. (A) As used in this section: 14,124
(1) "SERS retirant" means any person who is receiving a 14,126
retirement allowance from the school employees retirement system 14,127
under section 3309.36, 3309.38, or 3309.381 of the Revised Code. 14,128
(2) "Other system retirant" means a member or former 14,130
member of the public employees retirement system, OHIO police and 14,132
firemen's disability and FIRE pension fund, state teachers 14,133
retirement system, state highway patrol retirement system, or 14,135
Cincinnati retirement system who is receiving age and service or 14,136
commuted age and service retirement, or a disability benefit from 14,137
a system of which he THE RETIRANT is a member or former member. 14,138
(B)(1) An SERS retirant or other system retirant may be 14,140
employed by a public employer. If so employed, the SERS retirant 14,141
or other system retirant shall contribute to the school employees 14,142
retirement system in accordance with section 3309.47 of the 14,143
Revised Code, and the employer shall make contributions in 14,144
accordance with section 3309.49 of the Revised Code. 14,145
(2) An employer that employs an SERS retirant or other 14,147
system retirant shall notify the retirement board of the 14,148
employment not later than the end of the month in which the 14,149
employment commences. On receipt of notice from an employer that 14,150
a person who is an other system retirant has been employed, the 14,151
school employees retirement system shall notify the state 14,152
retirement system of which the other system retirant was a member 14,153
of such employment. 14,154
(C) An SERS retirant or other system retirant who has 14,156
received his A retirement allowance or disability benefit for 14,157
less than two months when employment subject to this section 14,159
commences shall forfeit his THE retirement allowance or 14,160
disability benefit for the period that begins on the date the 14,162
employment commences and ends on the date that is two months 14,163
314
after the date on which the retirement allowance or disability 14,164
benefit commenced. Service and contributions for that period 14,165
shall not be included in the calculation of any benefits payable 14,166
to the SERS retirant or other system retirant, and those 14,167
contributions shall be refunded on his death or termination of 14,168
the employment.
(D) On receipt of notice from the OHIO police and 14,170
firemen's disability and FIRE pension fund, public employees 14,172
retirement system, or state teachers retirement system of the 14,174
re-employment of an SERS retirant, the school employees 14,175
retirement system shall not pay, or if paid shall recover, the 14,176
amount to be forfeited by the SERS retirant in accordance with 14,177
section 145.38, 742.26, or 3307.381 of the Revised Code. 14,178
(E)(1) On termination of employment under this section, an 14,180
SERS retirant or other system retirant may file an application 14,181
with the school employees retirement system for a benefit under 14,182
this division, which shall consist of a single life annuity 14,183
having a reserve equal to the amount of his THE RETIRANT'S 14,184
accumulated contributions for the period of employment and an 14,186
equal amount of the employer's contributions, plus interest 14,187
credited to the date of retirement at the rate provided in 14,188
division (I)(2) of section 3309.01 of the Revised Code. The SERS 14,189
retirant or other system retirant shall elect either to receive 14,190
the benefit as a monthly annuity for his life or a lump-sum 14,191
payment discounted to the present value using the current 14,192
actuarial assumption rate of interest, except that if his THE 14,193
monthly annuity would be less than twenty-five dollars per month, 14,195
he THE RETIRANT shall receive a lump-sum payment.
(2) A benefit payable under this division shall commence 14,197
on the first day of the month after the latest of the following: 14,198
(a) The last day for which compensation for employment 14,200
subject to this section was paid; 14,201
(b) Attainment by the SERS retirant or other system 14,203
retirant of age sixty-five; 14,204
315
(c) If the SERS retirant or other system retirant was 14,206
previously employed under this section and is receiving or 14,207
previously received a benefit under this division, completion of 14,208
a period of twelve months since the effective date of that 14,209
benefit. 14,210
(3) An SERS retirant or other system retirant subject to 14,212
this section is not a member of the school employees retirement 14,213
system; does not have any of the rights, privileges, or 14,214
obligations of membership, except as specified in this section; 14,215
and is not eligible to receive health, medical, hospital, or 14,216
surgical benefits under section 3309.69 of the Revised Code for 14,217
employment subject to this section. No amount received under 14,218
this division shall be included in determining an additional 14,219
benefit under section 3309.374 of the Revised Code or any other 14,220
post-retirement benefits. 14,221
(F)(1) If an SERS retirant or other system retirant dies 14,223
while employed in employment subject to this section, a lump-sum 14,224
payment calculated in accordance with division (E)(1) of this 14,225
section shall be paid to the beneficiary under division (H) of 14,226
this section. 14,227
(2) If at the time of his death an SERS retirant or other 14,229
system retirant receiving a monthly annuity has received less 14,230
than he THE RETIRANT would have received as a lump-sum payment, 14,232
the difference between the amount he received and the amount he 14,234
THAT would have BEEN received as a lump-sum payment shall be paid 14,236
to his THE RETIRANT'S beneficiary under division (H) of this 14,238
section.
(G) If the disability benefit of an other system retirant 14,240
employed under this section is terminated, he THE RETIRANT shall 14,241
become a member of the school employees retirement system, 14,243
effective on the first day of the month next following the 14,244
termination, with all the rights, privileges, and obligations of 14,245
membership. If such person THE RETIRANT, after the termination 14,246
of his THE disability benefit, earns two years of service credit 14,249
316
under this retirement system or under the public employees 14,250
retirement system, OHIO police and firemen's disability and FIRE 14,251
pension fund, state teachers retirement system, or state highway 14,253
patrol retirement system, his THE RETIRANT'S prior contributions 14,255
as an other system retirant under this section shall be included 14,256
in his THE RETIRANT'S total service credit as a school employees 14,258
retirement system member, and he THE RETIRANT shall forfeit all 14,259
rights and benefits of this section. Not more than one year of 14,260
credit may be given for any period of twelve months. 14,261
(H) An SERS retirant or other system retirant employed 14,263
under this section may designate one or more persons as 14,264
beneficiary to receive any benefits payable under this section 14,265
due to his death. The designation shall be in writing duly 14,266
executed on a form provided by the school employees retirement 14,267
board, signed by the SERS retirant or other system retirant, and 14,268
filed with the board prior to his death. The last designation of 14,269
a beneficiary revokes all previous designations. The SERS 14,270
retirant's or other system retirant's marriage, divorce, marriage 14,271
dissolution, legal separation, withdrawal of account, birth of 14,272
his THE RETIRANT'S child, or adoption of a child revokes all 14,273
previous designations. If there is no designated beneficiary, 14,275
the beneficiary is the beneficiary designated under division (D) 14,276
of section 3309.44 of the Revised Code. If any benefit payable 14,277
under this section due to the death of an SERS retirant or other 14,278
system retirant is not claimed by a beneficiary within five years 14,279
after the death, the amount payable shall be transferred to the 14,280
guarantee fund and thereafter paid to the beneficiary or the 14,281
estate of the SERS retirant or other system retirant on 14,282
application to the board. 14,283
(I) This section does not affect the receipt of benefits 14,285
by or eligibility for benefits of any person who on August 29, 14,286
1976, was receiving a disability benefit or service retirement 14,287
pension or allowance from a state or municipal retirement system 14,288
in Ohio and was a member of any other state or municipal 14,289
317
retirement system of this state. 14,290
(J) The school employees retirement board may adopt rules 14,292
to carry out this section. 14,293
Sec. 3309.351. (A) A member of the school employees 14,302
retirement system who has contributions on deposit with the OHIO 14,303
police and firemen's disability and FIRE pension fund or the 14,305
state highway patrol retirement system shall, in computing years 14,307
of total service, be given full credit for service credit earned 14,308
under Chapter 742. or 5505. of the Revised Code or purchased for 14,310
service in the armed forces of the United States if a transfer to 14,311
the school employees retirement system is made under this 14,312
division. At the request of the member, the OHIO police and 14,313
firemen's disability and FIRE pension fund or state highway 14,314
patrol retirement system shall transfer to the school employees 14,316
retirement system, for each year of service, the sum of the 14,317
following: 14,318
(1) An amount equal to the member's payments for service 14,320
in the armed forces of the United States and accumulated 14,321
contributions to the transferring fund or system; 14,322
(2) An amount equal to the lesser of the employer's 14,324
contributions to the OHIO police and firemen's disability and 14,326
FIRE pension fund or state highway patrol retirement system or 14,328
the amount that would have been contributed by the employer for 14,329
the service had the member been a member of the school employees
retirement system; 14,330
(3) Interest, determined as provided in division (E) of 14,332
this section, on the amounts specified in divisions (A)(1) and 14,333
(2) of this section from the last day of the year for which the 14,336
service credit was earned or in which military service credit was 14,337
purchased or obtained to the date the transfer is made. 14,338
(B) A member who has at least eighteen months of 14,340
contributing service with the school employees retirement system, 14,341
is a former member of the OHIO police and firemen's disability 14,342
and FIRE pension fund or state highway patrol retirement system, 14,344
318
and has received a refund of contributions to that fund or system 14,345
shall, in computing years of total service, be given full credit
for service credit earned under Chapter 742. or 5505. of the 14,346
Revised Code or purchased for service in the armed forces of the 14,348
United States if, for each year of service, the school employees 14,349
retirement system receives the sum of the following: 14,350
(1) An amount, which shall be paid by the member, equal to 14,352
the amount refunded by the OHIO police and firemen's disability 14,353
and FIRE pension fund or the state highway patrol retirement 14,355
system to the member for that year for accumulated contributions 14,356
and payments for purchase of credit for service in the armed
forces of the United States, with interest on that amount from 14,358
the date of the refund to the date of the payment; 14,361
(2) Interest, which shall be transferred by the OHIO 14,364
police and firemen's disability and FIRE pension fund or state 14,365
highway patrol retirement system, on the amount refunded to the 14,367
member that is attributable to the year of service from the last 14,369
day of the year for which the service credit was earned or in 14,370
which military service credit was purchased or obtained to the 14,371
date the refund was made; 14,372
(3) An amount, which shall be transferred by the OHIO 14,374
police and firemen's disability and FIRE pension fund or state 14,376
highway patrol retirement system, that is equal to the lesser of 14,378
the amount contributed by the employer to the OHIO police and 14,380
firemen's disability and FIRE pension fund or state highway
patrol retirement system for that year or the amount that would 14,382
have been contributed by the employer for the year had the member 14,383
been a member of the school employees retirement system, with 14,384
interest on that amount from the last day of the year for which 14,386
the service credit was earned or in which military service credit 14,387
was purchased or obtained to the date of the transfer. 14,388
On receipt of payment from the member, the school employees 14,390
retirement system shall notify the OHIO police and firemen's 14,391
disability and FIRE pension fund or the state highway patrol 14,393
319
retirement system, which, on receipt of the notice, shall make 14,394
the transfer required by this division. Interest shall be
determined as provided in division (E) of this section. The 14,395
member may choose to purchase only part of such credit in any one 14,396
payment, subject to board rules. 14,397
(C) A member is ineligible to obtain service credit under 14,400
this section for service that is used in the calculation of any 14,401
retirement benefit currently being paid or payable in the future 14,402
to the member. 14,403
Service credit obtained under this section shall be 14,405
considered the equivalent of Ohio service credit. 14,406
(D) If a member of the school employees retirement system 14,408
who is not a current contributor elects to obtain credit under 14,409
section 742.379 or 5505.202 of the Revised Code for service for 14,410
which the member contributed to the school employees retirement 14,412
system or purchased credit for service in the armed forces of the 14,413
United States, the school employees retirement system shall 14,414
transfer to the OHIO police and firemen's disability and FIRE 14,415
pension fund or state highway patrol retirement system, as 14,416
applicable, the amount specified in division (D) of section 14,417
742.379 or division (B)(2) of section 5505.202 of the Revised 14,418
Code.
(E) Interest charged under this section shall be 14,421
calculated separately for each year of service credit at the
lesser of the actuarial assumption rate for that year of the 14,422
school employees retirement system or of the fund or retirement 14,423
system in which the credit was earned. The interest shall be 14,424
compounded annually.
Sec. 3309.69. (A) As used in this section, "ineligible 14,433
individual" means all of the following: 14,434
(1) A former member receiving benefits pursuant to section 14,436
3309.34, 3309.35, 3309.36, 3309.38, or 3309.381 of the Revised 14,437
Code for whom eligibility is established more than five years 14,438
after June 13, 1981, and who, at the time of establishing 14,439
320
eligibility, has accrued less than ten years of service credit, 14,440
exclusive of credit obtained after January 29, 1981, pursuant to 14,441
sections 3309.021, 3309.301, 3309.31, and 3309.33 of the Revised 14,442
Code; 14,443
(2) The spouse of the former member; 14,445
(3) The beneficiary of the former member receiving 14,447
benefits pursuant to section 3309.46 of the Revised Code. 14,448
(B) The school employees retirement board may enter into 14,450
an agreement with insurance companies, health insuring 14,452
corporations, or government agencies authorized to do business in 14,454
the state for issuance of a policy or contract of health, 14,455
medical, hospital, or surgical benefits, or any combination 14,456
thereof, for those individuals receiving service retirement or a 14,457
disability or survivor benefit subscribing to the plan and their 14,459
eligible dependents.
If all or any portion of the policy or contract premium is 14,461
to be paid by any individual receiving service retirement or a 14,463
disability or survivor benefit, the person shall, by written 14,464
authorization, instruct the board to deduct the premiums agreed 14,465
to be paid by the individual to the companies, corporations, or 14,467
agencies.
The board may contract for coverage on the basis of part or 14,470
all of the cost of the coverage to be paid from appropriate funds 14,471
of the school employees retirement system. The cost paid from 14,472
the funds of the system shall be included in the employer's 14,474
contribution rate provided by sections 3309.49 and 3309.491 of 14,475
the Revised Code. The board shall not pay or reimburse the cost 14,476
for health care under this section or section 3309.375 of the 14,477
Revised Code for any ineligible individual. 14,478
The board may provide for self-insurance of risk or level 14,480
of risk as set forth in the contract with the companies, 14,481
corporations, or agencies, and may provide through the 14,482
self-insurance method specific benefits as authorized by the 14,483
rules of the board. 14,484
321
(C) If the board provides health, medical, hospital, or 14,486
surgical benefits through any means other than a health insuring 14,488
corporation, it shall offer to each individual eligible for the 14,491
benefits the alternative of receiving benefits through enrollment 14,493
in a health insuring corporation, if all of the following apply: 14,495
(1) The health insuring corporation provides health care 14,498
services in the geographical area in which the individual lives; 14,500
(2) The eligible individual was receiving health care 14,502
benefits through a health maintenance organization or a health 14,503
insuring corporation before retirement; 14,505
(3) The rate and coverage provided by the health insuring 14,508
corporation to eligible individuals is comparable to that 14,510
currently provided by the board under division (B) of this 14,511
section. If the rate or coverage provided by the health insuring 14,512
corporation is not comparable to that currently provided by the 14,514
board under division (B) of this section, the board may deduct 14,515
the additional cost from the eligible individual's monthly 14,516
benefit.
The health insuring corporation shall accept as an enrollee 14,520
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 14,522
from one plan to another at least once a year at a time 14,523
determined by the board. 14,524
(D) The board shall, beginning the month following receipt 14,526
of satisfactory evidence of the payment for coverage, make a 14,527
monthly payment to each recipient of service retirement, or a 14,528
disability or survivor benefit under the school employees 14,529
retirement system who is eligible for insurance coverage under 14,530
part B of "The Social Security Amendments of 1965," 79 Stat. 301, 14,531
42 U.S.C.A. 1395j, as amended, except that the board shall make 14,532
no such payment to any ineligible individual. Effective on the 14,533
first day of the month after the effective date of this amendment 14,534
DECEMBER 8, 1998, the amount of the payment shall be the lesser 14,537
of an amount equal to the basic premium for such coverage, or an 14,538
322
amount equal to the basic premium in effect on January 1, 1992. 14,539
(E) The board shall establish by rule requirements for the 14,541
coordination of any coverage, payment, or benefit provided under 14,543
this section or section 3309.375 of the Revised Code with any 14,545
similar coverage, payment, or benefit made available to the same 14,546
individual by the public employees retirement system, OHIO police 14,547
and firemen's disability and FIRE pension fund, state teachers 14,549
retirement system, or state highway patrol retirement system. 14,550
(F) The board shall make all other necessary rules 14,552
pursuant to the purpose and intent of this section. 14,553
Sec. 3318.26. (A) Subject to the limitations provided in 14,562
section 3318.29 of the Revised Code, the issuing authority, upon 14,563
the certification by the Ohio school facilities commission to the 14,565
issuing authority of the amount of moneys or additional moneys 14,566
needed in the school districts facilities fund for the purpose of 14,567
making loans for allowable costs from such fund or in the school 14,568
building program assistance fund for the purposes of sections 14,569
3318.01 to 3318.20 of the Revised Code, or needed for capitalized 14,570
interest, for funding reserves, and for paying costs and expenses 14,571
incurred in connection with the issuance, carrying, securing, 14,572
paying, redeeming, or retirement of the obligations or any 14,573
obligations refunded thereby, including payment of costs and 14,574
expenses relating to letters of credit, lines of credit, 14,575
insurance, put agreements, standby purchase agreements, indexing, 14,576
marketing, remarketing and administrative arrangements, interest 14,577
swap or hedging agreements, and any other credit enhancement, 14,578
liquidity, remarketing, renewal, or refunding arrangements, all 14,579
of which are authorized by this section, shall issue obligations 14,580
of the state under this section in the required amount. The 14,581
proceeds of such obligations, except for obligations issued to 14,583
provide moneys for the school building program assistance fund or 14,584
except for such portion to be deposited in special funds, 14,585
including reserve funds, as may be provided in the bond 14,586
proceedings, shall as provided in the bond proceedings be 14,587
323
deposited by the treasurer of state to the school districts 14,588
facilities fund. The issuing authority may appoint trustees, 14,589
paying agents, and transfer agents and may retain the services of 14,590
financial advisors and accounting experts and retain or contract 14,591
for the services of marketing, remarketing, indexing, and 14,592
administrative agents, other consultants, and independent 14,593
contractors, including printing services, as are necessary in the 14,594
issuing authority's judgment to carry out this section. The 14,595
costs of such services are payable from the school districts 14,596
facilities fund, the school building program assistance fund, or 14,597
any special fund determined by the issuing authority. 14,598
(B) The holders or owners of such obligations shall have 14,600
no right to have moneys raised by taxation obligated or pledged, 14,601
and moneys raised by taxation shall not be obligated or pledged, 14,602
for the payment of bond service charges. Such holders or owners 14,603
shall have no rights to payment of bond service charges from any 14,604
money or property received by the commission, treasurer of state, 14,607
or the state, or from any other use of the proceeds of the sale 14,608
of the obligations, and no such moneys may be used for the 14,609
payment of bond service charges, except for accrued interest, 14,610
capitalized interest, and reserves funded from proceeds received 14,611
upon the sale of the obligations and except as otherwise 14,612
expressly provided in the applicable bond proceedings pursuant to 14,613
written directions by the treasurer of state. The right of such 14,614
holders and owners to payment of bond service charges shall be 14,615
limited to all or that portion of the pledged receipts and those 14,616
special funds pledged thereto pursuant to the bond proceedings in 14,617
accordance with this section, and each such obligation shall bear 14,618
on its face a statement to that effect.
(C) Obligations shall be authorized by resolution or order 14,620
of the issuing authority and the bond proceedings shall provide 14,621
for the purpose thereof and the principal amount or amounts, and 14,622
shall provide for or authorize the manner or agency for 14,623
determining the principal maturity or maturities, not exceeding 14,624
324
the limits specified in section 3318.29 of the Revised Code, the 14,625
interest rate or rates or the maximum interest rate, the date of 14,626
the obligations and the dates of payment of interest thereon, 14,627
their denomination, and the establishment within or without the 14,628
state of a place or places of payment of bond service charges. 14,629
Sections 9.98 to 9.983 of the Revised Code are applicable to 14,630
obligations issued under this section, subject to any applicable 14,631
limitation under section 3318.29 of the Revised Code. The 14,632
purpose of such obligations may be stated in the bond proceedings 14,633
in terms describing the general purpose or purposes to be served. 14,634
The bond proceedings shall also provide, subject to the 14,635
provisions of any other applicable bond proceedings, for the 14,636
pledge of all, or such part as the issuing authority may 14,637
determine, of the pledged receipts and the applicable special 14,638
fund or funds to the payment of bond service charges, which 14,639
pledges may be made either prior or subordinate to other 14,640
expenses, claims, or payments, and may be made to secure the 14,641
obligations on a parity with obligations theretofore or 14,642
thereafter issued, if and to the extent provided in the bond 14,643
proceedings. The pledged receipts and special funds so pledged 14,644
and thereafter received by the state are immediately subject to 14,645
the lien of such pledge without any physical delivery thereof or 14,646
further act, and the lien of any such pledges is valid and 14,647
binding against all parties having claims of any kind against the 14,648
state or any governmental agency of the state, irrespective of 14,649
whether such parties have notice thereof, and shall create a 14,650
perfected security interest for all purposes of Chapter 1309. of 14,651
the Revised Code, without the necessity for separation or 14,652
delivery of funds or for the filing or recording of the bond 14,653
proceedings by which such pledge is created or any certificate, 14,654
statement or other document with respect thereto; and the pledge 14,655
of such pledged receipts and special funds is effective and the 14,656
money therefrom and thereof may be applied to the purposes for 14,657
which pledged without necessity for any act of appropriation, 14,658
325
except as required by section 3770.06 of the Revised Code. Every 14,659
pledge, and every covenant and agreement made with respect 14,660
thereto, made in the bond proceedings may therein be extended to 14,661
the benefit of the owners and holders of obligations authorized 14,662
by this section, and to any trustee therefor, for the further 14,663
security of the payment of the bond service charges. 14,664
(D) The bond proceedings may contain additional provisions 14,666
as to: 14,667
(1) The redemption of obligations prior to maturity at the 14,669
option of the issuing authority at such price or prices and under 14,670
such terms and conditions as are provided in the bond 14,671
proceedings; 14,672
(2) Other terms of the obligations; 14,674
(3) Limitations on the issuance of additional obligations; 14,676
(4) The terms of any trust agreement or indenture securing 14,678
the obligations or under which the same may be issued; 14,679
(5) The deposit, investment and application of special 14,681
funds, and the safeguarding of moneys on hand or on deposit, 14,682
without regard to Chapter 131., 133., or 135. of the Revised 14,683
Code, but subject to any special provisions of sections 3318.21 14,684
to 3318.29 of the Revised Code, with respect to particular funds 14,685
or moneys, provided that any bank or trust company that acts as 14,686
depository of any moneys in the special funds may furnish such 14,687
indemnifying bonds or may pledge such securities as required by 14,688
the issuing authority; 14,689
(6) Any or every provision of the bond proceedings being 14,691
binding upon such officer, board, commission, authority, agency, 14,692
department, or other person or body as may from time to time have 14,693
the authority under law to take such actions as may be necessary 14,694
to perform all or any part of the duty required by such 14,695
provision; 14,696
(7) Any provision that may be made in a trust agreement or 14,699
indenture;
(8) The lease or sublease of any interest of the school 14,701
326
district or the state in one or more projects as defined in 14,702
division (C) of section 3318.01 of the Revised Code, or in one or 14,703
more permanent improvements, to or from the issuing authority, as 14,704
provided in one or more lease or sublease agreements between the
school or the state and the issuing authority; 14,705
(9) Any other or additional agreements with the holders of 14,707
the obligations, or the trustee therefor, relating to the 14,708
obligations or the security therefor, including in the case of 14,709
obligations issued to provide moneys for the school district 14,710
facilities fund the assignment of security obtained or to be 14,711
obtained for loans under section 3318.24 of the Revised Code. 14,712
(E) The obligations may have the great seal of the state 14,714
or a facsimile thereof affixed thereto or printed thereon. The 14,715
obligations and any coupons pertaining to obligations shall be 14,716
signed or bear the facsimile signature of the issuing authority. 14,717
Any obligations or coupons may be executed by the person who, on 14,718
the date of execution, is the proper issuing authority although 14,719
on the date of such bonds or coupons such person was not the 14,720
issuing authority. In case the issuing authority whose signature 14,721
or a facsimile of whose signature appears on any such obligation 14,722
or coupon ceases to be the issuing authority before delivery 14,723
thereof, such signature or facsimile is nevertheless valid and 14,724
sufficient for all purposes as if the issuing authority had 14,725
remained the issuing authority until such delivery; and in case 14,727
the seal to be affixed to obligations has been changed after a 14,728
facsimile of the seal has been imprinted on such obligations, 14,729
such facsimile seal shall continue to be sufficient as to such 14,730
obligations and obligations issued in substitution or exchange 14,731
therefor.
(F) All obligations are negotiable instruments and 14,733
securities under Chapter 1308. of the Revised Code, subject to 14,734
the provisions of the bond proceedings as to registration. The 14,735
obligations may be issued in coupon or in registered form, or 14,736
both, as the issuing authority determines. Provision may be made 14,737
327
for the registration of any obligations with coupons attached 14,738
thereto as to principal alone or as to both principal and 14,739
interest, their exchange for obligations so registered, and for 14,740
the conversion or reconversion into obligations with coupons 14,741
attached thereto of any obligations registered as to both 14,742
principal and interest, and for reasonable charges for such 14,743
registration, exchange, conversion, and reconversion. 14,744
(G) Obligations may be sold at public sale or at private 14,746
sale, as determined in the bond proceedings. 14,747
(H) Pending preparation of definitive obligations, the 14,749
issuing authority may issue interim receipts or certificates 14,750
which shall be exchanged for such definitive obligations. 14,751
(I) In the discretion of the issuing authority, 14,753
obligations may be secured additionally by a trust agreement or 14,754
indenture between the issuing authority and a corporate trustee 14,755
which may be any trust company or bank having its principal place 14,756
of business within the state. Any such agreement or indenture 14,757
may contain the resolution or order authorizing the issuance of 14,758
the obligations, any provisions that may be contained in any bond 14,759
proceedings, and other provisions that are customary or 14,760
appropriate in an agreement or indenture of such type, including, 14,761
but not limited to: 14,762
(1) Maintenance of each pledge, trust agreement, 14,764
indenture, or other instrument comprising part of the bond 14,765
proceedings until the state has fully paid the bond service 14,766
charges on the obligations secured thereby, or provision therefor 14,767
has been made; 14,768
(2) In the event of default in any payments required to be 14,770
made by the bond proceedings, or any other agreement of the 14,771
issuing authority made as a part of the contract under which the 14,772
obligations were issued, enforcement of such payments or 14,773
agreement by mandamus, the appointment of a receiver, suit in 14,774
equity, action at law, or any combination of the foregoing; 14,775
(3) The rights and remedies of the holders of obligations 14,777
328
and of the trustee, and provisions for protecting and enforcing 14,778
them, including limitations on rights of individual holders of 14,779
obligations; 14,780
(4) The replacement of any obligations that become 14,782
mutilated or are destroyed, lost, or stolen; 14,783
(5) Such other provisions as the trustee and the issuing 14,785
authority agree upon, including limitations, conditions, or 14,786
qualifications relating to any of the foregoing. 14,787
(J) Any holder of obligations or a trustee under the bond 14,789
proceedings, except to the extent that the holder's or trustee's 14,791
rights are restricted by the bond proceedings, may by any 14,792
suitable form of legal proceedings, protect and enforce any 14,793
rights under the laws of this state or granted by such bond 14,794
proceedings. Such rights include the right to compel the 14,795
performance of all duties of the issuing authority, the 14,796
commission, or the director of budget and management required by 14,798
sections 3318.21 to 3318.29 of the Revised Code or the bond 14,799
proceedings; to enjoin unlawful activities; and in the event of 14,800
default with respect to the payment of any bond service charges 14,801
on any obligations or in the performance of any covenant or 14,802
agreement on the part of the issuing authority, the commission, 14,803
or the director of budget and management in the bond proceedings, 14,805
to apply to a court having jurisdiction of the cause to appoint a 14,806
receiver to receive and administer the pledged receipts and 14,807
special funds, other than those in the custody of the treasurer 14,808
of state or the commission, which are pledged to the payment of 14,810
the bond service charges on such obligations or which are the 14,811
subject of the covenant or agreement, with full power to pay, and 14,812
to provide for payment of bond service charges on, such 14,813
obligations, and with such powers, subject to the direction of 14,814
the court, as are accorded receivers in general equity cases, 14,815
excluding any power to pledge additional revenues or receipts or 14,816
other income or moneys of the issuing authority or the state or 14,817
governmental agencies of the state to the payment of such 14,818
329
principal and interest and excluding the power to take possession 14,819
of, mortgage, or cause the sale or otherwise dispose of any 14,820
permanent improvement. 14,821
Each duty of the issuing authority and the issuing 14,823
authority's officers and employees, and of each governmental 14,824
agency and its officers, members, or employees, undertaken 14,825
pursuant to the bond proceedings or any agreement or loan made 14,826
under authority of sections 3318.21 to 3318.29 of the Revised 14,827
Code, and in every agreement by or with the issuing authority, is 14,828
hereby established as a duty of the issuing authority, and of 14,829
each such officer, member, or employee having authority to 14,830
perform such duty, specifically enjoined by the law resulting 14,831
from an office, trust, or station within the meaning of section 14,832
2731.01 of the Revised Code. 14,833
The person who is at the time the issuing authority, or the 14,835
issuing authority's officers or employees, are not liable in 14,836
their personal capacities on any obligations issued by the 14,837
issuing authority or any agreements of or with the issuing 14,838
authority. 14,839
(K) The issuing authority may authorize and issue 14,841
obligations for the refunding, including funding and retirement, 14,842
and advance refunding with or without payment or redemption prior 14,843
to maturity, of any obligations previously issued by the issuing 14,844
authority. Such obligations may be issued in amounts sufficient 14,845
for payment of the principal amount of the prior obligations, any 14,846
redemption premiums thereon, principal maturities of any such 14,847
obligations maturing prior to the redemption of the remaining 14,848
obligations on a parity therewith, interest accrued or to accrue 14,849
to the maturity dates or dates of redemption of such obligations, 14,850
and any allowable costs including expenses incurred or to be 14,851
incurred in connection with such issuance and such refunding, 14,852
funding, and retirement. Subject to the bond proceedings 14,853
therefor, the portion of proceeds of the sale of obligations 14,854
issued under this division to be applied to bond service charges 14,855
330
on the prior obligations shall be credited to an appropriate 14,856
account held by the trustee for such prior or new obligations or 14,857
to the appropriate account in the bond service fund for such 14,858
obligations. Obligations authorized under this division shall be 14,859
deemed to be issued for those purposes for which such prior 14,860
obligations were issued and are subject to the provisions of this 14,861
section pertaining to other obligations, except as otherwise 14,862
provided in this section; provided that, unless otherwise 14,863
authorized by the general assembly, any limitations imposed by 14,864
the general assembly pursuant to this section with respect to 14,865
bond service charges applicable to the prior obligations shall be 14,866
applicable to the obligations issued under this division to 14,867
refund, fund, advance refund, or retire such prior obligations. 14,868
(L) The authority to issue obligations under this section 14,870
includes authority to refund or refinance any obligations 14,871
previously issued by the state under sections 3318.21 to 3318.29 14,872
of the Revised Code. 14,873
The authority to issue obligations under this section also 14,875
includes authority to issue obligations in the form of bond 14,876
anticipation notes and to renew the same from time to time by the 14,877
issuance of new notes. The holders of such notes or interest 14,878
coupons pertaining thereto shall have a right to be paid solely 14,879
from the pledged receipts and special funds that may be pledged 14,880
to the payment of the bonds anticipated, or from the proceeds of 14,881
such bonds or renewal notes, or both, as the issuing authority 14,882
provides in the resolution or order authorizing such notes. Such 14,883
notes may be additionally secured by covenants of the issuing 14,884
authority to the effect that the issuing authority and the state 14,885
will do such or all things necessary for the issuance of such 14,886
bonds or renewal notes in appropriate amount, and apply the 14,887
proceeds thereof to the extent necessary, to make full payment of 14,888
the principal of and interest on such notes at the time or times 14,889
contemplated, as provided in such resolution or order. For such 14,890
purpose, the issuing authority may issue bonds or renewal notes 14,891
331
in such principal amount and upon such terms as may be necessary 14,892
to provide funds to pay when required the principal of and 14,893
interest on such notes, notwithstanding any limitations 14,894
prescribed by or for purposes of this section. Subject to this 14,895
division, all provisions for and references to obligations in 14,896
this section are applicable to notes authorized under this 14,897
division. 14,898
The issuing authority in the bond proceedings authorizing 14,900
the issuance of bond anticipation notes shall set forth for such 14,901
bonds an estimated interest rate and a schedule of principal 14,902
payments for such bonds and the annual maturity dates thereof, 14,903
and for purposes of any limitation on bond service charges 14,904
prescribed under section 3318.29 of the Revised Code, the amount 14,905
of bond service charges on such bond anticipation notes shall be 14,906
deemed to be the bond service charges for the bonds anticipated 14,907
thereby as set forth in the bond proceedings applicable to such 14,908
notes, but this provision does not modify any authority in this 14,909
section to pledge pledged receipts and special funds to, and 14,910
covenant to issue bonds to fund, the payment of principal of and 14,911
interest and any premium on such notes. 14,912
(M) Obligations issued under this section are lawful 14,914
investments for banks, societies for savings, savings and loan 14,915
associations, deposit guarantee associations, trust companies, 14,916
trustees, fiduciaries, insurance companies, including domestic 14,917
for life and domestic not for life, trustees or other officers 14,918
having charge of sinking and bond retirement or other special 14,919
funds of political subdivisions and taxing districts of this 14,920
state, the commissioners of the sinking fund of the state, the 14,921
administrator of workers' compensation, the state teachers 14,923
retirement system, the public employees retirement system, the 14,924
school employees retirement system, and the OHIO police and 14,925
firemen's disability and FIRE pension fund, notwithstanding any 14,927
other provisions of the Revised Code or rules adopted pursuant 14,928
thereto by any governmental agency of the state with respect to 14,929
332
investments by them, and also are acceptable as security for the 14,930
deposit of public moneys.
(N) Unless otherwise provided in any applicable bond 14,932
proceedings, moneys to the credit of or in the special funds 14,933
established by or pursuant to this section may be invested by or 14,934
on behalf of the issuing authority only in notes, bonds, or other 14,935
obligations of the United States, or of any agency or 14,936
instrumentality of the United States, obligations guaranteed as 14,938
to principal and interest by the United States, obligations of 14,939
this state or any political subdivision of this state, and 14,940
certificates of deposit of any national bank located in this 14,942
state and any bank, as defined in section 1101.01 of the Revised 14,943
Code, subject to inspection by the superintendent of financial 14,944
institutions. If the law or the instrument creating a trust 14,946
pursuant to division (I) of this section expressly permits 14,947
investment in direct obligations of the United States or an 14,948
agency of the United States, unless expressly prohibited by the 14,949
instrument, such moneys also may be invested in no front end load 14,950
money market mutual funds consisting exclusively of obligations 14,951
of the United States or an agency of the United States and in 14,952
repurchase agreements, including those issued by the fiduciary 14,953
itself, secured by obligations of the United States or an agency 14,954
of the United States; and in collective investment funds 14,955
established in accordance with section 1111.14 of the Revised 14,957
Code and consisting exclusively of any such securities, 14,958
notwithstanding division (A)(1)(c) of that section. The income 14,960
from such investments shall be credited to such funds as the 14,962
issuing authority determines, and such investments may be sold at 14,963
such times as the issuing authority determines or authorizes. 14,964
(O) Provision may be made in the applicable bond 14,966
proceedings for the establishment of separate accounts in the 14,967
bond service fund and for the application of such accounts only 14,968
to the specified bond service charges on obligations pertinent to 14,969
such accounts and bond service fund and for other accounts 14,970
333
therein within the general purposes of such fund. Unless 14,971
otherwise provided in any applicable bond proceedings, moneys to 14,972
the credit of or in the several special funds established 14,973
pursuant to this section shall be disbursed on the order of the 14,974
treasurer of state, provided that no such order is required for 14,975
the payment from the bond service fund when due of bond service 14,976
charges on obligations. 14,977
(P) The issuing authority may pledge all, or such portion 14,979
as the issuing authority determines, of the pledged receipts to 14,980
the payment of bond service charges on obligations issued under 14,981
this section, and for the establishment and maintenance of any 14,982
reserves, as provided in the bond proceedings, and make other 14,983
provisions therein with respect to pledged receipts as authorized 14,984
by this chapter, which provisions shall be controlling 14,985
notwithstanding any other provisions of law pertaining thereto. 14,986
(Q) The issuing authority may covenant in the bond 14,988
proceedings, and any such covenants shall be controlling 14,989
notwithstanding any other provision of law, that the state and 14,990
applicable officers and governmental agencies of the state, 14,991
including the general assembly, so long as any obligations are 14,993
outstanding, shall:
(1) Maintain statutory authority for and cause to be 14,995
operated the state lottery, including the transfers to and from 14,996
the lottery profits education fund created in section 3770.06 of 14,997
the Revised Code so that the pledged receipts shall be sufficient 14,998
in amount to meet bond service charges, and the establishment and 14,999
maintenance of any reserves and other requirements provided for 15,000
in the bond proceedings; 15,001
(2) Take or permit no action, by statute or otherwise, 15,003
that would impair the exclusion from gross income for federal 15,004
income tax purposes of the interest on any obligations designated 15,005
by the bond proceeding as tax-exempt obligations. 15,006
(R) There is hereby created the school building program 15,008
bond service fund, which shall be in the custody of the treasurer 15,009
334
of state but shall be separate and apart from and not a part of 15,010
the state treasury. All moneys received by or on account of the 15,011
issuing authority or state agencies and required by the 15,012
applicable bond proceedings, consistent with this section, to be 15,013
deposited, transferred, or credited to the school building 15,014
program bond service fund, and all other moneys transferred or 15,015
allocated to or received for the purposes of the fund, shall be 15,016
deposited and credited to such fund and to any separate accounts 15,017
therein, subject to applicable provisions of the bond 15,018
proceedings, but without necessity for any act of appropriation, 15,019
except as required by section 3770.06 of the Revised Code. 15,020
During the period beginning with the date of the first issuance 15,021
of obligations and continuing during such time as any such 15,022
obligations are outstanding, and so long as moneys in the school 15,023
building program bond service fund are insufficient to pay all 15,024
bond service charges on such obligations becoming due in each 15,025
year, a sufficient amount of the moneys from the lottery profits 15,026
education fund included in pledged receipts, subject to 15,027
appropriation for such purpose as provided in section 3770.06 of 15,028
the Revised Code, are committed and shall be paid to the school 15,029
building program bond service fund in each year for the purpose 15,030
of paying the bond service charges becoming due in that year. 15,031
The school building program bond service fund is a trust fund and 15,032
is hereby pledged to the payment of bond service charges solely 15,033
on obligations issued to provide moneys for the school building 15,034
program assistance fund to the extent provided in the applicable 15,035
bond proceedings, and payment thereof from such fund shall be 15,036
made or provided for by the treasurer of state in accordance with 15,037
such bond proceedings without necessity for any act of 15,038
appropriation except as required by section 3770.06 of the 15,039
Revised Code. 15,040
(S) There is hereby created the school facilities bond 15,042
service fund, which shall be in the custody of the treasurer of 15,043
state but shall be separate and apart from and not a part of the 15,044
335
state treasury. All moneys received by or on account of the 15,045
issuing authority or state agencies and required by the 15,046
applicable bond proceedings, consistent with this section, to be 15,047
deposited, transferred, or credited to the school facilities bond 15,048
service fund, and all other moneys transferred or allocated to or 15,049
received for the purposes of the fund, shall be deposited and 15,050
credited to such fund and to any separate accounts therein, 15,051
subject to applicable provisions of the bond proceedings, but 15,052
without necessity for any act of appropriation. During the 15,053
period beginning with the date of the first issuance of 15,054
obligations and continuing during such time as any such 15,055
obligations are outstanding, and so long as moneys in the school 15,056
facilities bond service fund are insufficient to pay all bond 15,057
service charges on such obligations becoming due in each year, a 15,058
sufficient amount of the moneys from the public school building 15,059
fund included in pledged receipts are committed and shall be paid 15,060
to the bond service fund in each year for the purpose of paying 15,061
the bond service charges becoming due in that year. The school 15,062
facilities bond service fund is a trust fund and is hereby 15,063
pledged to the payment of bond service charges on obligations 15,064
issued to provide moneys for the school districts facilities fund 15,065
to the extent provided in the applicable bond proceedings, and 15,066
payment thereof from such fund shall be made or provided for by 15,067
the treasurer of state in accordance with such bond proceedings 15,068
without necessity for any act or OF appropriation. 15,069
(T) The obligations, the transfer thereof, and the income 15,071
therefrom, including any profit made on the sale thereof, at all 15,073
times shall be free from taxation within the state.
Sec. 3345.12. (A) As used in this section and sections 15,082
3345.07 and 3345.11 of the Revised Code, in other sections of the 15,083
Revised Code that make reference to this section unless the 15,084
context does not permit, and in related bond proceedings unless 15,085
otherwise expressly provided:
(1) "State university or college" means each of the state 15,087
336
universities identified in section 3345.011 of the Revised Code, 15,088
the northeastern Ohio universities college of medicine, and the 15,089
medical college of Ohio at Toledo, and includes its board of 15,090
trustees. 15,091
(2) "Institution of higher education" or "institution" 15,093
means a state university or college, or a community college 15,094
district, technical college district, university branch district, 15,095
or state community college, and includes the applicable board of 15,096
trustees or, in the case of a university branch district, any 15,097
other managing authority.
(3) "Housing and dining facilities" means buildings, 15,099
structures, and other improvements, and equipment, real estate, 15,100
and interests in real estate therefor, to be used for or in 15,101
connection with dormitories or other living quarters and 15,102
accommodations, or related dining halls or other food service and 15,104
preparation facilities, for students, members of the faculty, 15,105
officers, or employees of the institution of higher education, 15,106
and their spouses and families.
(4) "Auxiliary facilities" means buildings, structures, 15,108
and other improvements, and equipment, real estate, and interests 15,109
in real estate therefor, to be used for or in connection with 15,110
student activity or student service facilities, housing and 15,111
dining facilities, dining halls, and other food service and 15,113
preparation facilities, vehicular parking facilities, bookstores, 15,114
athletic and recreational facilities, faculty centers, 15,115
auditoriums, assembly and exhibition halls, hospitals, 15,116
infirmaries and other medical and health facilities, research, 15,117
and continuing education facilities.
(5) "Education facilities" means buildings, structures, 15,119
and other improvements, and equipment, real estate, and interests 15,120
in real estate therefor, to be used for or in connection with, 15,121
classrooms or other instructional facilities, libraries, 15,122
administrative and office facilities, and other facilities, other 15,123
than auxiliary facilities, to be used directly or indirectly for 15,124
337
or in connection with the conduct of the institution of higher
education. 15,125
(6) "Facilities" means housing and dining facilities, 15,127
auxiliary facilities, or education facilities, and includes any 15,129
one, part of, or any combination of such facilities, and further 15,130
includes site improvements, utilities, machinery, furnishings, 15,131
and any separate or connected buildings, structures, 15,132
improvements, sites, open space and green space areas, utilities
or equipment to be used in, or in connection with the operation 15,133
or maintenance of, or supplementing or otherwise related to the 15,134
services or facilities to be provided by, such facilities. 15,135
(7) "Obligations" means bonds or notes or other evidences 15,137
of obligation, including interest coupons pertaining thereto, 15,138
authorized to be issued under this section or section 3345.07, 15,139
3345.11, 3354.121, 3355.091, 3357.112, or 3358.10 of the Revised 15,140
Code.
(8) "Bond service charges" means principal, including any 15,143
mandatory sinking fund or redemption requirements for the
retirement of obligations, interest, or interest equivalent and 15,144
other accreted amounts, and any call premium required to be paid 15,146
on obligations.
(9) "Bond proceedings" means the resolutions, trust 15,149
agreement, indenture, and other agreements and credit enhancement 15,150
facilities, and amendments and supplements to the foregoing, or 15,151
any one or more or combination thereof, authorizing, awarding, or 15,152
providing for the terms and conditions applicable to, or 15,153
providing for the security or liquidity of, obligations, and the 15,154
provisions contained in those obligations. 15,155
(10) "Costs of facilities" means the costs of acquiring, 15,157
constructing, reconstructing, rehabilitating, remodeling, 15,158
renovating, enlarging, improving, equipping, or furnishing 15,159
facilities, and the financing thereof, including the cost of 15,160
clearance and preparation of the site and of any land to be used 15,161
in connection with facilities, the cost of any indemnity and 15,162
338
surety bonds and premiums on insurance, all related direct 15,163
administrative expenses and allocable portions of direct costs of 15,164
the institution of higher education or state agency, cost of 15,165
engineering, architectural services, design, plans, 15,166
specifications and surveys, estimates of cost, legal fees, fees
and expenses of trustees, depositories, bond registrars, and 15,168
paying agents for the obligations, cost of issuance of the 15,169
obligations and financing costs and fees and expenses of 15,170
financial advisers and consultants in connection therewith, 15,171
interest on the obligations from the date thereof to the time 15,172
when interest is to be covered by available receipts or other 15,173
sources other than proceeds of the obligations, amounts necessary 15,175
to establish reserves as required by the bond proceedings, costs 15,176
of audits, the reimbursements of all moneys advanced or applied 15,177
by or borrowed from the institution or others, from whatever 15,178
source provided, including any temporary advances from state
appropriations, for the payment of any item or items of cost of 15,180
facilities, and all other expenses necessary or incident to 15,181
planning or determining feasibility or practicability with 15,182
respect to facilities, and such other expenses as may be 15,183
necessary or incident to the acquisition, construction, 15,184
reconstruction, rehabilitation, remodeling, renovation, 15,185
enlargement, improvement, equipment, and furnishing of 15,186
facilities, the financing thereof and the placing of them in use 15,187
and operation, including any one, part of, or combination of such 15,189
classes of costs and expenses.
(11) "Available receipts" means all moneys received by the 15,191
institution of higher education, including income, revenues, and 15,192
receipts from the operation, ownership, or control of facilities, 15,193
grants, gifts, donations, and pledges and receipts therefrom, 15,194
receipts from fees and charges, and the proceeds of the sale of 15,195
obligations, including proceeds of obligations issued to refund 15,196
obligations previously issued, but excluding any special fee, and 15,197
receipts therefrom, charged pursuant to division (D) of section 15,198
339
154.21 of the Revised Code. 15,199
(12) "Credit enhancement facilities" has the meaning given 15,201
in division (H) of section 133.01 of the Revised Code. 15,202
(13) "Financing costs" has the meaning given in division 15,204
(K) of section 133.01 of the Revised Code. 15,205
(14) "Interest" or "interest equivalent" has the meaning 15,207
given in division (R) of section 133.01 of the Revised Code. 15,208
(B) Obligations issued under section 3345.07 or 3345.11 of 15,210
the Revised Code by a state university or college shall be 15,211
authorized by resolution of its board of trustees. Obligations 15,212
issued by any other institution of higher education shall be 15,213
authorized by resolution of its board of trustees, or managing 15,214
directors in the case of certain university branch districts, as 15,216
applicable. Sections 9.96 and 9.98 to 9.983 of the Revised Code 15,217
apply to obligations. Obligations may be issued to pay costs of 15,218
facilities even if the institution anticipates the possibility of 15,219
a future state appropriation to pay all or a portion of such
costs. 15,220
(C) Obligations shall be secured by a pledge of and lien 15,223
on all or such part of the available receipts of the institution
of higher education as it provides for in the bond proceedings, 15,224
excluding moneys raised by taxation and state appropriations. 15,225
Such pledge and lien may be made prior to all other expenses, 15,226
claims, or payments, excepting any pledge of such available 15,227
receipts previously made to the contrary and except as provided 15,228
by any existing restrictions on the use thereof, or such pledge 15,229
and lien may be made subordinate to such other expenses, claims, 15,230
or payments, as provided in the bond proceedings. Obligations 15,231
may be additionally secured by covenants of the institution to 15,233
make, fix, adjust, collect, and apply such charges, rates, fees, 15,234
rentals, and other items of available receipts as will produce 15,235
pledged available receipts sufficient to meet bond service 15,236
charges, reserve, and other requirements provided for in the bond 15,237
proceedings. Notwithstanding this and any other sections of the 15,238
340
Revised Code, the holders or owners of the obligations shall not 15,239
be given the right and shall have no right to have excises or 15,240
taxes levied by the general assembly for the payment of bond 15,241
service charges thereon, and each such obligation shall bear on 15,242
its face a statement to that effect and to the effect that the 15,243
right to such payment is limited to the available receipts and 15,244
special funds pledged to such purpose under the bond proceedings. 15,245
All pledged available receipts and funds and the proceeds 15,247
of obligations are trust funds and, subject to the provisions of 15,248
this section and the applicable bond proceedings, shall be held, 15,249
deposited, invested, reinvested, disbursed, applied, and used to 15,250
such extent, in such manner, at such times, and for such
purposes, as are provided in the bond proceedings. 15,251
(D) The bond proceedings for obligations shall provide for 15,254
the purpose thereof and the principal amount or maximum principal 15,255
amount, and provide for or authorize the manner of determining 15,256
the principal maturity or maturities, the sale price including 15,257
any permitted discount, the interest rate or rates, which may be 15,258
a variable rate or rates, or the maximum interest rate, the date 15,259
of the obligations and the date or dates of payment of interest 15,260
thereon, their denominations, the manner of sale thereof, and the 15,261
establishment within or without the state of a place or places of 15,262
payment of bond service charges. The bond proceedings also shall 15,263
provide for a pledge of and lien on available receipts of the 15,264
institution of higher education as provided in division (C) of 15,265
this section, and a pledge of and lien on such fund or funds 15,266
provided in the bond proceedings arising from available receipts, 15,267
which pledges and liens may provide for parity with obligations 15,268
theretofore or thereafter issued by the institution. The 15,269
available receipts so pledged and thereafter received by the 15,270
institution and the funds so pledged are immediately subject to 15,271
the lien of such pledge without any physical delivery thereof or 15,272
further act, and the lien of any such pledge is valid and binding 15,273
against all parties having claims of any kind against the 15,274
341
institution, irrespective of whether such parties have notice 15,276
thereof, and shall create a perfected security interest for all
purposes of Chapter 1309. of the Revised Code, without the 15,277
necessity for separation or delivery of funds or for the filing 15,278
or recording of the bond proceedings by which such pledge is 15,279
created or any certificate, statement, or other document with 15,280
respect thereto; and the pledge of such available receipts and 15,281
funds shall be effective and the money therefrom and thereof may 15,282
be applied to the purposes for which pledged without necessity 15,283
for any act of appropriation. 15,284
(E) The bond proceedings may contain additional provisions 15,286
customary or appropriate to the financing or to the obligations 15,288
or to particular obligations, including:
(1) The acquisition, construction, reconstruction, 15,290
equipment, furnishing, improvement, operation, alteration, 15,291
enlargement, maintenance, insurance, and repair of facilities, 15,292
and the duties of the institution of higher education with 15,294
reference thereto;
(2) The terms of the obligations, including provisions for 15,296
their redemption prior to maturity at the option of the 15,297
institution of higher education at such price or prices and under 15,298
such terms and conditions as are provided in the bond 15,299
proceedings;
(3) Limitations on the purposes to which the proceeds of 15,301
the obligations may be applied; 15,302
(4) The rates or rentals or other charges for the use of 15,304
or right to use the facilities financed by the obligations, or 15,305
other properties the revenues or receipts from which are pledged 15,306
to the obligations, and rules for assuring use and occupancy 15,308
thereof, including limitations upon the right to modify such 15,309
rates, rentals, other charges, or regulations;
(5) The use and expenditure of the pledged available 15,311
receipts in such manner and to such extent as shall be 15,312
determined, which may include provision for the payment of the 15,313
342
expenses of operation, maintenance, and repair of facilities so 15,314
that such expenses, or part thereof, shall be paid or provided as 15,315
a charge prior or subsequent to the payment of bond service 15,316
charges and any other payments required to be made by the bond 15,317
proceedings; 15,318
(6) Limitations on the issuance of additional obligations; 15,320
(7) The terms of any trust agreement or indenture securing 15,322
the obligations or under which the same may be issued; 15,323
(8) The deposit, investment, and application of funds, and 15,325
the safeguarding of funds on hand or on deposit without regard to 15,326
Chapter 131. or 135. of the Revised Code, and any bank or trust 15,327
company or other financial institution that acts as depository of 15,328
any moneys under the bond proceedings shall furnish such 15,330
indemnifying bonds or pledge such securities as required by the 15,331
bond proceedings or otherwise by the institution of higher 15,332
education;
(9) The binding effect of any or every provision of the 15,334
bond proceedings upon such officer, board, commission, authority, 15,335
agency, department, or other person or body as may from time to 15,336
time have the authority under law to take such actions as may be 15,337
necessary to perform all or any part of the duty required by such 15,338
provision; 15,339
(10) Any provision that may be made in a trust agreement 15,341
or indenture; 15,342
(11) Any other or additional agreements with respect to 15,344
the facilities of the institution of higher education, their 15,346
operation, the available receipts and funds pledged, and 15,347
insurance of facilities and of the institution its officers and
employees. 15,348
(F) Such obligations may have the seal of the institution 15,350
of higher education or a facsimile thereof affixed thereto or 15,351
printed thereon and shall be executed by such officers as are 15,352
designated in the bond proceedings, which execution may be by 15,353
facsimile signatures. Any obligations may be executed by an 15,354
343
officer who, on the date of execution, is the proper officer 15,355
although on the date of such obligations such person was not the 15,356
proper officer. In case any officer whose signature or a 15,357
facsimile of whose signature appears on any such obligation 15,358
ceases to be such officer before delivery thereof, such signature 15,359
or facsimile is nevertheless valid and sufficient for all 15,360
purposes as if the person had remained such officer until such 15,362
delivery; and in case the seal of the institution has been 15,363
changed after a facsimile of the seal has been imprinted on such 15,364
obligations, such facsimile seal continues to be sufficient as to 15,365
such obligations and obligations issued in substitution or 15,366
exchange therefor. 15,367
(G) All such obligations are negotiable instruments and 15,369
securities under Chapter 1308. of the Revised Code, subject to 15,370
the provisions of the bond proceedings as to registration. The 15,371
obligations may be issued in coupon or in registered form, or 15,372
both. Provision may be made for the registration of any 15,373
obligations with coupons attached thereto as to principal alone 15,374
or as to both principal and interest, their exchange for 15,375
obligations so registered, and for the conversion or reconversion 15,376
into obligations with coupons attached thereto of any obligations 15,377
registered as to both principal and interest, and for reasonable 15,378
charges for such registration, exchange, conversion, and 15,379
reconversion. 15,380
(H) Pending preparation of definitive obligations, the 15,382
institution of higher education may issue interim receipts or 15,383
certificates which shall be exchanged for such definitive 15,384
obligations. 15,385
(I) Such obligations may be secured additionally by a 15,387
trust agreement or indenture between the institution of higher 15,388
education and a corporate trustee, which may be any trust company 15,389
or bank having the powers of a trust company within or without 15,390
this state but authorized to exercise trust powers within this 15,391
state. Any such agreement or indenture may contain the 15,392
344
resolution authorizing the issuance of the obligations, any 15,393
provisions that may be contained in the bond proceedings as 15,394
authorized by this section, and other provisions which are 15,395
customary or appropriate in an agreement or indenture of such 15,396
type, including: 15,397
(1) Maintenance of each pledge, trust agreement, and 15,399
indenture, or other instrument comprising part of the bond 15,400
proceedings until the institution of higher education has fully 15,402
paid the bond service charges on the obligations secured thereby, 15,403
or provision therefor has been made;
(2) In the event of default in any payments required to be 15,405
made by the bond proceedings, or any other agreement of the 15,406
institution of higher education made as a part of the contract 15,408
under which the obligations were issued, enforcement of such 15,409
payments or agreement by mandamus, the appointment of a receiver, 15,410
suit in equity, action at law, or any combination of the 15,411
foregoing;
(3) The rights and remedies of the holders of obligations 15,413
and of the trustee, and provisions for protecting and enforcing 15,414
them, including limitations on rights of individual holders of 15,415
obligations; 15,416
(4) The replacement of any obligations that become 15,418
mutilated or are destroyed, lost, or stolen; 15,419
(5) Such other provisions as the trustee and the 15,421
institution of higher education agree upon, including 15,422
limitations, conditions, or qualifications relating to any of the 15,423
foregoing.
(J) Each duty of the institution of higher education and 15,426
its officers or employees, undertaken pursuant to the bond 15,427
proceedings or any related agreement or lease made under
authority of law, is hereby established as a duty of such 15,428
institution, and of each such officer or employee having 15,429
authority to perform such duty, specially enjoined by law 15,430
resulting from an office, trust, or station within the meaning of 15,431
345
section 2731.01 of the Revised Code. The persons who are at the 15,432
time the members of the board of trustees or the managing 15,433
directors of the institution or its officers or employees are not 15,434
liable in their personal capacities on such obligations, or 15,435
lease, or other agreement of the institution.
(K) The authority to issue obligations includes authority 15,437
to:
(1) Issue obligations in the form of bond anticipation 15,439
notes and to renew them from time to time by the issuance of new 15,440
notes. Such notes are payable solely from the available receipts 15,441
and funds that may be pledged to the payment of such bonds, or 15,442
from the proceeds of such bonds or renewal notes, or both, as the 15,443
institution of higher education provides in its resolution 15,444
authorizing such notes. Such notes may be additionally secured 15,445
by covenants of the institution to the effect that it will do 15,447
such or all things necessary for the issuance of such bonds or 15,448
renewal notes in appropriate amount, and either exchange such 15,449
bonds or renewal notes therefor or apply the proceeds thereof to 15,450
the extent necessary, to make full payment of the bond service 15,451
charges on such notes at the time or times contemplated, as 15,452
provided in such resolution. Subject to the provisions of this 15,453
division, all references to obligations in this section apply to 15,454
such anticipation notes.
(2) Issue obligations to refund, including funding and 15,457
retirement of, obligations previously issued to pay costs of
facilities. Such obligations may be issued in amounts sufficient 15,458
for payment of the principal amount of the obligations to be so 15,459
refunded, any redemption premiums thereon, principal maturities 15,460
of any obligations maturing prior to the redemption of any other 15,461
obligations on a parity therewith to be so refunded, interest 15,462
accrued or to accrue to the maturity date or dates of redemption 15,463
of such obligations, and any expenses incurred or to be incurred 15,464
in connection with such refunding or the issuance of the 15,465
obligations. 15,466
346
(L) Obligations are lawful investments for banks, 15,469
societies for savings, savings and loan associations, deposit 15,470
guarantee associations, trust companies, trustees, fiduciaries, 15,471
insurance companies, including domestic for life and domestic not 15,472
for life, trustees or other officers having charge of sinking and 15,473
bond retirement or other special funds of political subdivisions 15,474
and taxing districts of this state, the commissioners of the 15,475
sinking fund, the administrator of workers' compensation in 15,476
accordance with the investment policy established by the workers' 15,477
compensation oversight commission pursuant to section 4121.12 of 15,478
the Revised Code, the state teachers retirement system, the
public employees retirement system, the public school employees 15,479
retirement system, and the OHIO police and firemen's disability 15,481
and FIRE pension fund, notwithstanding any other provisions of 15,482
the Revised Code or rules adopted pursuant thereto by any state 15,483
agency with respect to investments by them, and are also 15,484
acceptable as security for the deposit of public moneys. 15,485
(M) All facilities purchased, acquired, constructed, or 15,487
owned by an institution of higher education, or financed in whole 15,488
or in part by obligations issued by an institution, and used for 15,489
the purposes of the institution or other publicly owned and 15,490
controlled college or university, is public property used 15,491
exclusively for a public purpose, and such property and the 15,492
income therefrom is exempt from all taxation and assessment 15,493
within this state, including ad valorem and excise taxes. The 15,494
obligations, the transfer thereof, and the income therefrom, 15,495
including any profit made on the sale thereof, are at all times 15,496
free from taxation within the state. The transfer of tangible 15,497
personal property by lease under authority of this section or 15,498
section 3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or 15,499
3358.10 of the Revised Code is not a sale as used in Chapter 15,500
5739. of the Revised Code. 15,501
(N) The authority granted by this section is cumulative 15,503
with the authority granted to institutions of higher education 15,505
347
under Chapter 154. of the Revised Code, and nothing in this 15,506
section impairs or limits the authority granted by Chapter 154. 15,507
of the Revised Code. In any lease, agreement, or commitment made 15,509
by an institution of higher education under Chapter 154. of the 15,510
Revised Code, it may agree to restrict or subordinate any pledge 15,511
it may thereafter make under authority of this section. 15,512
(O) Title to lands acquired under this section and 15,514
sections 3345.07 and 3345.11 of the Revised Code by a state 15,515
university or college shall be taken in the name of the state. 15,516
(P) Except where costs of facilities are to be paid in 15,518
whole or in part from funds appropriated by the general assembly, 15,519
section 125.81 of the Revised Code and the requirement for 15,520
certification with respect thereto under section 153.04 of the 15,521
Revised Code do not apply to such facilities. 15,522
(Q) A state university or college may sell or lease lands 15,525
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 15,526
section 3345.07 or 3345.11 of the Revised Code, to permit the 15,527
purchasers or lessees thereof to acquire, construct, equip, 15,529
furnish, reconstruct, alter, enlarge, remodel, renovate, 15,530
rehabilitate, improve, maintain, repair, or maintain and operate 15,531
thereon and to provide by lease or otherwise to such institution, 15,532
facilities authorized in section 3345.07 or 3345.11 of the 15,533
Revised Code. Such land or interests therein shall be sold for 15,534
such appraised value, or leased, and on such terms as the board 15,536
of trustees determines. All deeds or other instruments relating 15,537
to such sales or leases shall be executed by such officer of the 15,538
state university or college as the board of trustees designates. 15,539
The state university or college shall hold, invest, or use the 15,540
proceeds of such sales or leases for the same purposes for which 15,541
proceeds of borrowings may be used under sections 3345.07 and 15,542
3345.11 of the Revised Code.
(R) An institution of higher education may pledge 15,544
available receipts, to the extent permitted by division (C) of 15,546
348
this section with respect to obligations, to secure the payments 15,547
to be made by it under any lease, lease with option to purchase, 15,548
or lease-purchase agreement authorized under this section or 15,549
section 3345.07, 3345.11, 3354.121, 3355.091, 3357.112, or
3358.10 of the Revised Code. 15,550
Sec. 3366.04. (A) The issuing authority may issue 15,560
obligations under this section to provide money to make proceeds 15,561
loans to the designated nonprofit corporation for the purpose of 15,562
acquiring education loans, or needed for capitalized interest, 15,563
for funding reserves, and for paying costs and expenses incurred 15,564
in connection with the issuance, carrying, securing, paying, 15,565
redeeming, or retirement of the obligations or any obligations 15,566
refunded thereby, including payment of costs and expenses 15,567
relating to letters of credit, lines of credit, insurance, put 15,568
agreements, standby purchase agreements, indexing, marketing, 15,569
remarketing and administrative arrangements, interest swap or 15,570
hedging agreements, and any other credit enhancement facility as 15,571
defined in division (H) of section 133.01 of the Revised Code, 15,572
liquidity, remarketing, renewal, or refunding arrangements, all 15,573
of which are authorized by this section. The proceeds thereof 15,574
shall, as provided in the bond proceedings, be loaned, or 15,575
otherwise made available as a proceeds loan, to the designated 15,576
nonprofit corporation. The issuing authority may appoint 15,577
trustees, paying agents, and transfer agents and may retain the 15,578
services of financial advisors, accounting experts, and 15,579
attorneys, and retain or contract for the services of marketing, 15,580
remarketing, indexing, and administrative agents, other 15,581
consultants, and independent contractors, including printing 15,582
services, as are necessary to carry out the provisions of this 15,583
section. The costs of such services are allowable costs payable 15,584
from the proceeds of such obligations. 15,585
(B) The holders or owners of obligations shall have no 15,588
right to have taxes levied by the general assembly, or any moneys 15,589
other than pledged receipts obligated or pledged, and any moneys 15,590
349
other than pledged receipts shall not be obligated or pledged, 15,591
for the payment of bond service charges. The obligations are not 15,592
debts of the state, bond service charges are payable solely from 15,593
the revenues and funds pledged as pledged receipts for their 15,594
payment, and the right of such holders and owners to payment of 15,595
bond service charges is limited to pledged receipts as provided 15,596
in the bond proceedings, and each such obligation shall bear on 15,597
its face a statement to that effect. No money, including money 15,598
from the general revenue fund, shall be appropriated, obligated, 15,599
or used to pay bond service charges or the costs incurred in the 15,600
administration of this chapter, other than pledged receipts. 15,601
(C) Obligations shall be authorized by order of the 15,604
issuing authority at the request of the designated nonprofit
corporation and with the approval of the director of development, 15,605
and the bond proceedings shall provide for the purpose thereof 15,606
and the principal amount or amounts, and shall provide for or 15,607
authorize the manner for determining the principal maturity or 15,608
maturities, the interest rate or rates or the maximum interest 15,609
rate, the date of the obligations and the dates of payment of 15,610
interest thereon, their denomination, and the establishment 15,611
within or outside this state of a place or places of payment of 15,612
bond service charges. Sections 9.98 to 9.983 of the Revised Code 15,614
apply to obligations issued under this section. The purpose of 15,615
such obligations may be stated in the bond proceedings in terms 15,616
describing the general purpose to be served. The bond 15,617
proceedings shall also provide, subject to the provisions of any 15,618
other applicable bond proceedings, for the pledge of, and the 15,619
granting of a security interest in, all, or such part as the 15,620
issuing authority may determine, of the pledged receipts to the 15,621
payment of bond service charges, which pledge may be made and 15,622
security interest granted, subject to the provisions of any 15,623
applicable prior bond proceedings, either prior to or on a parity 15,624
with or subordinate to other expenses, claims, or payments, and 15,625
may be made or granted to secure obligations senior or 15,626
350
subordinate to, or on a parity with, obligations theretofore or 15,627
thereafter issued, if and to the extent provided in the bond
proceedings. The pledged receipts so pledged or subject to a 15,628
security interest and thereafter received by the issuing 15,629
authority or the designated nonprofit corporation on behalf of 15,630
the issuing authority or otherwise received are immediately 15,631
subject to such pledge and security interest without any physical 15,633
delivery thereof or further act, and such pledge and security 15,634
interest are valid, binding, and enforceable against all parties 15,635
having claims of any kind against the state or any governmental 15,636
agency, or against the designated nonprofit corporation, whether 15,637
or not such parties have notice thereof, and shall create a 15,638
perfected security interest for all purposes of Chapter 1309. of 15,639
the Revised Code, without the necessity for separation or 15,641
delivery or possession of the pledged receipts, or for the filing 15,642
or recording of the bond proceedings by which such pledge and 15,643
security interest are created or any certificate, statement, or 15,644
other document with respect thereto; and the pledge of such 15,645
pledged receipts and the security interest are effective and the 15,646
money therefrom and thereof may be applied to the purposes for 15,647
which pledged without necessity for any act of appropriation. 15,648
Every pledge made and security interest granted, and every 15,649
covenant and agreement made with respect thereto in the bond 15,650
proceedings may therein be extended to the benefit of the owners 15,651
and holders of obligations authorized by this section, and to any 15,652
trustee therefor, for the further security of the payment of the 15,653
bond service charges.
(D) The bond proceedings may contain additional provisions 15,656
as to:
(1) The redemption of obligations prior to maturity at 15,658
such price or prices and under such terms and conditions as are 15,659
provided in the bond proceedings; 15,660
(2) Other terms of the obligations; 15,662
(3) Limitations on the issuance of additional obligations; 15,665
351
(4) The terms of any trust agreement or indenture securing 15,668
the obligations or under which the same may be issued;
(5) The investment of the proceeds of obligations and 15,670
amounts on deposit in the special funds; 15,671
(6) Any or every provision of the bond proceedings being 15,674
binding upon such officer, board, commission, authority, agency, 15,675
department, or other person or body as may from time to time have 15,676
the authority under law to take such actions as may be necessary 15,677
to perform all or any part of the duty required by such
provision; 15,678
(7) Any provision that may be made in a trust agreement or 15,681
indenture;
(8) Provisions for the use of the proceeds of repayment of 15,684
education loans to acquire additional education loans;
(9) Any other or additional agreements with the holders of 15,687
the obligations, the trustee therefor, or the designated
nonprofit corporation, relating to the obligations or the 15,688
security therefor, including the assignment of security obtained 15,689
or to be obtained for education loans. 15,690
(E) The obligations and any coupons pertaining to 15,693
obligations shall be in the form specified in the bond
proceedings and shall be signed by or bear the facsimile 15,694
signature of the issuing authority. Any obligations or coupons 15,695
may be executed by the person who, on the date of execution, is 15,696
the proper issuing authority although on the date of such bonds 15,697
or coupons such person was not the issuing authority. In case 15,698
the issuing authority whose signature or a facsimile of whose 15,699
signature appears on any such obligation or coupon ceases to be 15,700
the issuing authority before delivery thereof, such signature or 15,701
facsimile is nevertheless valid and sufficient for all purposes 15,702
as if that official had remained the issuing authority until such 15,703
delivery. 15,704
(F) All obligations are negotiable instruments and 15,707
securities under Chapter 1308. of the Revised Code, subject to 15,708
352
the provisions of the bond proceedings as to registration. The 15,709
obligations may be issued in coupon or in registered form, or 15,710
both, as the issuing authority determines. Provision may be 15,711
made for the registration of any obligations with coupons 15,712
attached thereto as to principal alone or as to both principal 15,713
and interest, their exchange for obligations so registered, and 15,714
for the conversion or reconversion into obligations with coupons 15,715
attached thereto of any obligations registered as to both 15,716
principal and interest, and for reasonable charges for such 15,717
registration, exchange, conversion, and reconversion. 15,718
(G) Obligations may be sold at public sale or at private 15,721
sale, as determined by the issuing authority in the bond 15,722
proceedings.
(H) Pending preparation of definitive obligations, the 15,725
issuing authority may issue interim receipts or certificates 15,726
which shall be exchanged for such definitive obligations. 15,727
(I) In the discretion of the issuing authority, 15,729
obligations may be secured additionally by a trust agreement or 15,730
indenture between the issuing authority and a corporate trustee 15,731
and, if so provided for in the bond proceedings, any other 15,732
necessary or appropriate party. Any such trustee shall be a 15,733
trust company, bank, or national banking association authorized 15,734
to exercise trust powers within the state. Any such agreement or 15,735
indenture may contain the order authorizing the issuance of the 15,736
obligations, any provisions that may be contained in any bond 15,737
proceedings, and other provisions which are customary or 15,738
appropriate in an agreement or indenture of such type, including, 15,739
but not limited to: 15,740
(1) Maintenance of each pledge, security interest, and 15,742
trust agreement, indenture, or other instrument comprising part 15,743
of the bond proceedings until the bond service charges on the 15,744
obligations secured thereby have been fully paid, or provision 15,745
therefor has been made in accordance with the bond proceedings; 15,746
(2) In the event of default in any payments required to be 15,749
353
made by the bond proceedings, or any other agreement of the
issuing authority made as a part of the contract under which the 15,750
obligations were issued, enforcement of such payments or 15,751
agreement by mandamus, the appointment of a receiver, suit in 15,752
equity, action at law, or any combination of the foregoing; 15,753
(3) The rights and remedies of the holders of obligations 15,756
and of the trustee, and provisions for protecting and enforcing 15,757
them, including limitations on rights of individual holders of 15,758
obligations;
(4) The replacement of any obligations that become 15,760
mutilated or are destroyed, lost, or stolen; 15,761
(5) Such other provisions as the trustee and the issuing 15,764
authority agree upon, including limitations, conditions, or 15,765
qualifications relating to the education loans that may be made 15,766
or acquired pursuant to the trust agreement or indenture.
(J) Any holder of obligations or a trustee under the bond 15,769
proceedings, except to the extent that rights are restricted by 15,770
the bond proceedings, may by any suitable form of legal 15,771
proceedings, protect and enforce any rights under the laws of 15,772
this state or granted by such bond proceedings. Such rights
include the right to compel the performance of all duties of the 15,773
issuing authority or the director of development required by this 15,774
chapter or the bond proceedings; to enjoin unlawful activities; 15,775
and, in the event of default with respect to the payment of any 15,776
bond service charges on any obligations or in the performance of 15,777
any covenant or agreement on the part of the issuing authority or 15,778
the director of development in the bond proceedings, to apply to 15,779
a court having jurisdiction to appoint a receiver to receive and 15,780
administer the pledged receipts pledged to the payment of the 15,781
bond service charges on such obligations or which are the subject 15,782
of the covenant or agreement, with full power to pay and to 15,783
provide for payment of bond service charges on such obligations 15,784
and with such powers, subject to the direction of the court, as 15,785
are accorded receivers in general equity cases, excluding any 15,786
354
power to pledge revenues or receipts or other income or moneys, 15,787
other than pledged receipts, and excluding any power to take 15,788
possession of, or cause the sale or otherwise dispose of, any 15,789
property other than the pledged receipts. 15,790
Each duty of the issuing authority, of each governmental 15,792
agency including the director of development, of the designated 15,793
nonprofit corporation, and of any of the officers, members, or 15,794
employees of any of the foregoing, undertaken pursuant to the 15,795
bond proceedings or any agreement made under authority of this 15,796
chapter, and each duty in every agreement by or with the issuing 15,797
authority under this chapter, each governmental agency including 15,798
the director of development, and the designated nonprofit 15,799
corporation, is hereby established as a duty of the issuing 15,800
authority, the governmental agency, or the designated nonprofit 15,801
corporation, respectively, and of each such officer, member, or 15,802
employee having authority to perform such duty, specifically 15,803
enjoined by the law resulting from an office, trust, or station 15,804
within the meaning of section 2731.01 of the Revised Code. 15,806
The person who is at the time the issuing authority or the 15,809
director of development, or the officers or employees of either 15,810
of them, are not liable in their personal capacities on any 15,811
obligations or any agreements of or with the issuing authority or 15,812
the director of development.
(K) The issuing authority may issue obligations for the 15,815
refunding, including funding and retirement, and advance
refunding with or without payment or redemption prior to 15,816
maturity, of any obligations previously issued. Such obligations 15,817
may be issued in amounts sufficient for payment of the principal 15,818
amount of the prior obligations, any redemption premiums thereon, 15,819
principal maturities of any such obligations maturing prior to 15,820
the redemption of the remaining obligations on a parity 15,821
therewith, interest accrued or to accrue to the maturity dates or 15,822
dates of redemption of such obligations, and expenses incurred or 15,823
to be incurred in connection with such issuance and such 15,824
355
refunding, funding, and retirement. Subject to the bond 15,825
proceedings therefor, the portion of proceeds of the sale of 15,826
obligations issued under this division to be applied to bond 15,827
service charges on the prior obligations shall be credited to an 15,828
appropriate account held by the trustee for such prior or new 15,829
obligations or to the appropriate account in the bond service 15,830
fund for such obligations. Obligations authorized under this 15,831
division shall be deemed to be issued for those purposes for 15,832
which such prior obligations were issued and are subject to the 15,833
provisions of this section pertaining to other obligations, 15,834
except as otherwise provided in this section. 15,835
(L) The authority to issue obligations under this section 15,838
includes authority to issue obligations in the form of bond 15,839
anticipation notes and to renew the same from time to time by the 15,840
issuance of new notes. The holders of such notes or interest 15,841
coupons pertaining thereto shall have a right to be paid solely 15,842
from the pledged receipts and special funds that may be pledged 15,843
to the payment of the bonds anticipated, or from the proceeds of 15,844
such anticipated bonds or renewal notes, or both, as the issuing 15,845
authority provides in the order authorizing such notes. Such 15,846
notes may be additionally secured by covenants of the issuing 15,847
authority and the director of development to the effect that the 15,848
issuing authority and the director of development will do such or 15,849
all things necessary for the issuance of such bonds or renewal 15,850
notes in appropriate amounts, and apply the proceeds thereof to 15,851
the extent necessary, to make full payment of the principal of 15,852
and interest on such notes at the time or times contemplated, as 15,853
provided in such order. For such purpose, the issuing authority 15,854
shall issue bonds or renewal notes in such principal amount and 15,855
upon such terms as may be necessary to provide funds to pay, when 15,856
required, the principal of and interest and any premium on such 15,858
notes. Subject to this division, all provisions for and 15,859
references to obligations in this section are applicable to notes 15,860
authorized under this division.
356
The issuing authority in the bond proceedings authorizing 15,863
the issuance of bond anticipation notes shall set forth for such 15,864
bonds an estimated interest rate and a schedule of principal 15,865
payments for such bonds and the annual maturity dates thereof, 15,866
but this provision does not modify any authority in this section 15,867
to pledge receipts to, to grant a security interest in those 15,868
receipts for the purpose of securing, and to covenant to issue 15,869
bonds to fund, the payment of principal of and interest and any 15,870
premium on such notes, or to provide in the bond proceedings
authorizing the issuance of the anticipated bonds interest rates 15,871
and a schedule of principal payments for such bonds and the 15,872
annual maturity dates thereof which differ from the estimates in 15,873
the bond proceedings authorizing the issuance of such bond 15,874
anticipation notes. 15,875
(M) Obligations issued under this section are lawful 15,878
investments for banks; savings banks; savings and loan
associations; credit union share guarantee corporations; trust 15,880
companies; trustees; fiduciaries; insurance companies, including 15,881
domestic for life and domestic not for life; trustees or other 15,882
officers having charge of sinking and bond retirement or other 15,883
special funds of the state and of subdivisions and taxing 15,884
districts of the state; the commissioners of the sinking fund of 15,885
the state; the administrator of workers' compensation, subject to 15,886
the approval of the workers' compensation board; the state 15,887
teachers retirement system; the public employees retirement 15,888
system; the school employees retirement system; and the OHIO 15,889
police and firemen's disability and FIRE pension fund, 15,891
notwithstanding any other provisions of the Revised Code or rules 15,893
adopted pursuant to those provisions by any agency of the state 15,895
with respect to investments by them, and are also eligible as 15,896
security for the repayment of the deposit of public moneys. 15,897
(N) Provision may be made in the applicable bond 15,900
proceedings for the establishment of separate accounts in the 15,901
bond service fund and for the application of such accounts only 15,902
357
to the specified bond service charges on obligations pertinent to 15,903
such accounts and bond service fund and for other accounts 15,904
therein within the general purposes of such fund. Unless 15,905
otherwise provided in any applicable bond proceedings, moneys to 15,906
the credit of or in the several special funds established 15,907
pursuant to this section shall be invested and disbursed as 15,908
provided in the bond proceedings.
(O) The issuing authority shall pledge and grant a 15,911
security interest in all, or such portion as the issuing
authority determines, of the pledged receipts to the payment of 15,912
bond service charges on obligations, and for the establishment 15,913
and maintenance of any reserves, as provided in the bond 15,914
proceedings, and make other provisions therein with respect to 15,915
pledged receipts as authorized by this chapter, which provisions 15,916
are controlling notwithstanding any other provisions of law 15,917
pertaining thereto. 15,918
(P) The obligations, the transfer thereof, and the 15,921
interest, accreted amount, and other income therefrom, including 15,922
any profit made on the sale thereof, shall at all times be free 15,923
from taxation, direct or indirect, within this state.
Sec. 3377.11. Bonds issued under this chapter are lawful 15,932
investments of banks, societies for savings, savings and loan 15,933
associations, deposit guarantee associations, trust companies, 15,934
trustees, fiduciaries, insurance companies, including domestic 15,935
for life and domestic not for life, trustees or other officers 15,936
having charge of sinking and bond retirement or other special
funds of political subdivisions and taxing districts of this 15,937
state, the commissioners of the sinking fund of the state, the 15,938
administrator of workers' compensation, the state teachers 15,939
retirement system, the public employees retirement system, the 15,940
school employees retirement system, and the OHIO police and 15,941
firemen's disability and FIRE pension fund and also are 15,943
acceptable as security for the deposit of public moneys. 15,945
Sec. 3706.14. All air quality revenue bonds issued under 15,954
358
this chapter are lawful investments of banks, societies for 15,955
savings, savings and loan associations, deposit guarantee 15,956
associations, trust companies, trustees, fiduciaries, insurance 15,957
companies, including domestic for life and domestic not for life, 15,958
trustees or other officers having charge of sinking and bond
retirement or other special funds of political subdivisions and 15,959
taxing districts of this state, the commissioners of the sinking 15,960
fund of the state, the administrator of workers' compensation, 15,961
the state teachers retirement system, the public employees 15,962
retirement system, the school employees retirement system, and 15,963
the OHIO police and firemen's disability and FIRE pension fund, 15,964
and are acceptable as security for the deposit of public moneys. 15,965
Sec. 3729.01. As used in this chapter: 15,974
(A) "Ambulatory care facility" means a facility that 15,976
provides medical, diagnostic, or surgical treatment to patients 15,977
who do not require hospitalization, including a dialysis center, 15,978
ambulatory surgical facility, cardiac catheterization facility, 15,979
diagnostic imaging center, extracorporeal shock wave lithotripsy 15,980
center, home health agency, inpatient hospice, birthing center, 15,981
radiation therapy center, emergency facility, and an urgent care 15,982
center. "Ambulatory health care facility" does not include the 15,983
private office of a physician or dentist, whether the office is 15,984
for an individual or group practice. 15,985
(B) "Beneficiary" and "third-party payer" have the same 15,987
meanings as in section 3901.38 of the Revised Code. 15,988
(C) "Disability assistance medical assistance program" 15,990
means the disability assistance medical assistance program 15,991
established under Chapter 5115. of the Revised Code. 15,992
(D) "Emergency facility" means a hospital emergency 15,994
department or any other facility that provides emergency medical 15,995
services. 15,996
(E) "Global fee" means the collective cost of professional 15,998
fees, outpatient or inpatient billings, pharmaceutical products, 15,999
and other medical or surgical products required to ensure 16,000
359
satisfactory outcomes for a given diagnosis. 16,001
(F) "Health care practitioner" has the same meaning as in 16,003
section 4769.01 of the Revised Code. 16,004
(G) "Health care provider" means a hospital, ambulatory 16,006
care facility, long-term care facility, pharmacy, emergency 16,007
facility, or health care practitioner. 16,008
(H) "Hospital" has the same meaning as in section 3727.01 16,010
of the Revised Code. 16,011
(I) "Long-term care facility" means any of the following: 16,013
(1) A nursing home, residential care facility, or home for 16,016
the aging, all as defined in section 3721.01 of the Revised Code; 16,017
(2) An adult care facility, as defined in section 3722.01 16,019
of the Revised Code; 16,020
(3) A nursing facility, as defined in section 5111.20 of 16,022
the Revised Code; 16,023
(4) An intermediate care facility for the mentally 16,025
retarded, as defined in section 5111.20 of the Revised Code; 16,026
(5) A facility or portion of a facility certified as a 16,028
skilled nursing facility under Title XVIII of the "Social 16,029
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. 16,030
(J) "Medical assistance program" means the program 16,032
established under Chapter 5111. of the Revised Code and Title XIX 16,033
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 16,034
301, as amended. 16,035
(K) "Medicare" means the program established under Title 16,037
XVIII of the "Social Security Act." 16,038
(L) "Pharmacy" has the same meaning as in section 4729.01 16,041
of the Revised Code. 16,042
(M) "Physician" means an individual authorized under 16,045
Chapter 4731. of the Revised Code to practice medicine and 16,046
surgery, osteopathic medicine and surgery, or podiatry. 16,047
(N) "Price" means the actual payment for health care 16,049
services or supplies by a patient or third-party payer. 16,050
(O)(1) "Public health care program" means any program of 16,052
360
health care benefits that is provided by the state or a political 16,053
subdivision of this state, including all of the following: 16,054
(a) The program for medically handicapped children 16,056
established under sections 3701.021 to 3701.028 of the Revised 16,057
Code; 16,058
(b) The medical assistance program; 16,060
(c) The disability assistance medical assistance program; 16,063
(d) Health care benefits administered by the bureau of 16,065
workers' compensation; 16,066
(e) Mental health services certified by the department of 16,068
mental health and provided in whole or in part under contract 16,069
with a community mental health board, or a board of alcohol, drug 16,070
addiction, and mental health services; 16,071
(f) Health care services administered by the department of 16,073
alcohol and drug addiction services or a board of alcohol, drug 16,074
addiction, and mental health services; 16,075
(g) Health care services administered by the department of 16,077
mental retardation and developmental disabilities or a county 16,078
board of mental retardation and developmental disabilities; 16,079
(h) Health care services administered by the 16,081
rehabilitation services commission; 16,082
(i) Health care services administered by the department of 16,084
rehabilitation and correction; 16,085
(j) Health care services administered by the department of 16,087
youth services. 16,088
(2) "Public health care program" does not mean health care 16,090
coverage provided to public employees or health care benefits 16,091
provided to persons receiving a pension, annuity, allowance, or 16,092
benefit from the public employees retirement system, the school 16,093
employees retirement system, the state teachers retirement 16,094
system, the OHIO police and firemen's disability and FIRE pension 16,096
fund, or the state highway patrol retirement system. 16,097
Sec. 3737.947. All revenue bonds issued under sections 16,106
3737.90 to 3737.948 of the Revised Code are lawful investments of 16,107
361
banks, societies for savings, savings and loan associations, 16,108
trust companies, trustees, fiduciaries, insurance companies, 16,109
including domestic for life and domestic not for life, trustees 16,110
or other officers having charge of sinking and bond retirement or
other special funds of political subdivisions and taxing 16,111
districts of this state, the commissioners of the sinking fund of 16,112
the state, the administrator of workers' compensation, the state 16,113
teachers retirement system, the public employees retirement 16,114
system, the school employees retirement system, and the OHIO 16,115
police and firemen's disability and FIRE pension fund, and are 16,116
acceptable as security for the deposit of public moneys. 16,117
Sec. 4582.44. Bonds of a port authority and port authority 16,126
revenue bonds issued pursuant to sections 4582.22 to 4582.59 of 16,127
the Revised Code, are lawful investments of banks, societies for 16,128
savings, trust companies, savings and loan associations, deposit 16,129
guaranty associations, trustees, fiduciaries, trustees or other 16,130
officers having charge of the bond retirement funds or sinking 16,131
funds of port authorities and political subdivisions, and taxing 16,132
districts of this state, the commissioners of the sinking fund of 16,133
this state, of the administrator of workers' compensation, the 16,135
state teachers retirement system, the school employees retirement 16,136
system, the public employees retirement system, the OHIO police 16,138
and firemen's disability and FIRE pension fund, and insurance 16,139
companies, including domestic life insurance companies and 16,141
domestic insurance companies other than life, and are acceptable 16,142
as security for the deposit of public moneys. 16,143
Sec. 4981.15. (A) The Ohio rail development commission, 16,152
from time to time, may issue bonds in such principal amounts as 16,153
the commission finds necessary to finance one or more rail 16,154
service projects. Sections 9.98 to 9.983 of the Revised Code are 16,155
hereby made applicable in their entirety to any bonds authorized 16,156
to be issued under this chapter except as otherwise provided 16,157
herein. 16,158
(B) The commission, from time to time, may issue renewal 16,160
362
bonds, issue bonds to pay such obligations and, whenever it 16,161
considers refunding expedient, refund any bonds by the issuance 16,162
of bonds by the authority granted by this chapter. Except as may 16,164
otherwise be expressly provided in this chapter or by the
commission, every issue of its bonds or notes is an obligation of 16,165
the commission payable out of the revenues and reserves created 16,166
for such purposes by the commission, which are expressly pledged 16,167
for such payment, without preference or priority of the first 16,168
bonds issued, subject only to any agreements with the holders of 16,169
particular bonds or notes pledging any particular revenues. Such 16,170
pledge shall be valid and binding from the time the pledge is 16,171
made and the revenues so pledged and thereafter received by the 16,172
commission immediately shall be subject to the lien of such 16,173
pledge without any physical delivery thereof or further act and 16,174
the lien of any such pledge shall be valid and binding as against 16,175
all parties having claims of any kind, in tort, contract, or 16,176
otherwise, against the commission irrespective of whether such 16,177
parties have notice thereof. 16,178
(C) All such bonds shall have and are hereby declared to 16,180
have all the qualities of negotiable instruments. The bonds 16,181
shall be authorized by resolution of the commission, shall bear 16,182
such date and shall mature at such time, in case of any such note 16,183
or any renewal thereof not exceeding five years from the date of 16,184
issue of such original note, and in the case of any such bond not 16,185
exceeding fifty years from the date of issue, as such resolution 16,186
may provide. The bonds and notes shall bear interest at such 16,187
rate or rates, including variable rates, be in such 16,188
denominations, be in such form, either coupon or registered, 16,189
carry such registration privileges, be payable in such medium of 16,190
payment, in such place, and be subject to such terms of 16,191
redemption as otherwise set forth in this chapter as the 16,192
commission may authorize. The bonds of the commission may be 16,193
sold by the commission at public or private sale, at or not less 16,194
than the price the commission determines. The bonds shall be 16,195
363
executed by a voting member of the commission, selected by the 16,196
commission and approved by the speaker of the house of 16,197
representatives and the president of the senate, who may use a 16,198
facsimile signature. The official seal of the commission, or a 16,199
facsimile, shall be affixed thereto or printed thereon and 16,200
attested, manually, or by facsimile signature, by the 16,201
secretary-treasurer of the commission. Coupons, if any, attached 16,202
thereto shall bear the signature or facsimile signature of the 16,203
chairperson of the commission. In case any officer whose 16,205
signature, or a facsimile of whose signature appears on any 16,206
bonds, notes, or coupons ceases to be such officer before 16,207
delivery of such bonds or notes, such signature or facsimile is 16,208
nevertheless sufficient for all purposes the same as if the 16,209
officer had remained in office until such delivery. In case the 16,210
seal of the commission changes after a facsimile is imprinted on 16,211
such bonds or notes, such facsimile continues to be sufficient
for all purposes. 16,212
(D) Any resolution authorizing any bonds or any issue 16,214
thereof may contain provisions, subject to such agreements with 16,215
bondholders or noteholders as may then exist, which provisions 16,216
shall be a part of the contract with the holders thereof, as to 16,217
pledging all or any part of the revenues of the commission to 16,218
secure the payment of the bonds of any issue thereof; the issue 16,219
and disposition of revenues of the commission; the setting aside 16,220
of reserve funds, sinking funds, or replacement and improvement 16,221
funds and the regulation and disposition thereof; the crediting 16,222
of the proceeds of the sale of bonds to and among the funds 16,223
referred to and provided for in the resolution authorizing the 16,224
issuance of the bonds; providing for the pledge or use of the 16,225
rail development fund created by section 4981.09 of the Revised 16,226
Code; the use, lease, sale, or other disposition of any assets of 16,228
the commission; limitations on the purpose to which the proceeds 16,229
of the sale of bonds may be applied; the agreement of the 16,230
commission to do all things necessary for the authorization, 16,231
364
issuance, and sale of such bonds which may be issued in such 16,232
amounts as may be necessary for the timely retirement of such 16,233
bonds; limitation on the issuance of additional bonds which may 16,234
be issued and secured; the refunding of outstanding bonds; the 16,235
procedure, if any, by which the terms of any contract with 16,236
bondholders or noteholders may be amended or abrogated; the 16,237
amount of bonds the holders of which must consent may be given; 16,238
limitations on the amount of moneys to be expended by the 16,239
commission for operating, administrative, or other expenses of 16,240
the commission securing any bonds by a trust agreement; and any
other matter, of like or different character, which in any way 16,241
affects the security or protection of the bonds. 16,242
(E) In connection with each such issuance of bonds, the 16,244
commission shall establish in its name an improvement fund or 16,245
funds in the name of the rail service project or projects for 16,246
which the permitted loan or expenditure is to be made. The 16,247
proceeds of each issue of bonds, except for any portion thereof 16,248
required under the bond proceedings to be deposited in a bond 16,249
service fund, bond service reserve fund, or other special fund 16,250
established pursuant to the bond proceedings for such issue of 16,251
bonds, shall be deposited in the designated fund, and together 16,252
with any investment income thereof, shall be held in trust and 16,253
applied solely to permitted bond purposes and in accordance with 16,254
such bond proceedings. 16,255
(F) The right of holders of bonds issued by the commission 16,257
to payment of debt service on such bonds shall be limited to the 16,258
pledged receipts and special funds pledged thereto pursuant to 16,259
the bond proceedings and any moneys available for such payment 16,260
under any credit facility issued with respect to such bonds. The 16,261
holders of such bonds shall have no right to have moneys raised 16,262
by ad valorem taxation obligated or pledged, and moneys raised by 16,263
ad valorem taxation shall not be obligated or pledged for the 16,264
payment of debt service on bonds issued by the commission, except 16,265
to the extent, if any, that the general assembly or legislative 16,266
365
authority of qualifying subdivisions and local or regional 16,267
transportation authorities that borrows moneys derived from the 16,268
proceeds of such bonds pledge any moneys they raise by ad valorem 16,269
taxation to the repayment of such borrowings and the moneys so 16,270
raised and paid to the commission are obligated or pledged to the 16,271
payment of debt service on the bonds pursuant to the bond 16,272
proceedings. 16,273
(G) The bond proceedings adopted by the commission 16,275
authorizing the issuance of bonds shall provide for the general 16,276
purpose thereof and shall specify, or shall authorize one or more 16,277
officers of the board of directors to determine, subject to 16,278
limitations set forth in the bond proceedings: the aggregate 16,279
principal amount of the bonds; the form and manner of execution 16,280
and authentication of the bonds; the principal maturity or 16,281
maturities; whether the bonds are to bear interest at a fixed 16,282
rate or rates or under a floating rate interest structure; if a 16,283
fixed rate or fixed rates of interest are to be borne by the 16,284
bonds, the interest rate or rates: if the bonds are to bear 16,285
interest under a floating rate interest structure, the manner in 16,286
which the floating rate is to be determined for each 16,287
interest-rate period, the length of each interest-rate period, 16,288
and the extent to which and manner in which the interest-rate 16,289
period may be changed from time to time; the put arrangement or 16,290
arrangements, if any, to be available to holders of the bonds; 16,291
and the paying agents, remarketing agents, indexing agents, or 16,292
other agents, if any, to be engaged in connection with the 16,293
issuance of the bonds. The bond proceedings, either expressly or 16,295
by reference to other bond proceedings thereby approved or 16,296
otherwise applicable, also shall specify: the pledged receipts
and the special fund or funds to be pledged to secure the payment 16,297
of the debt service on the bonds; whether the pledged receipts 16,298
are pledged on a basis prior or subordinate to other expenses, 16,299
claims, or payments and whether other bonds have been or may be 16,300
issued by the commission secured by the pledged receipts on a 16,301
366
basis prior to or on a parity with the bonds; the credit facility 16,302
or facilities, if any, to be obtained with respect to the bonds; 16,303
and the rights and remedies that may be exercised by the holders 16,304
of the bonds or by a trustee on their behalf upon the occurrence 16,305
of an event constituting an event of default under the bond 16,306
proceedings, which rights and remedies shall include, except to 16,307
the extent restricted by the bond proceedings, any rights and 16,308
remedies available under the laws of the state for the 16,309
enforcement of the payments required under and any other 16,310
agreements made in, the bond proceedings. The bond proceedings, 16,311
either expressly or by reference to other bond proceedings 16,313
thereby approved or otherwise applicable, also may provide for: 16,314
the mandatory or optional redemption of the bonds prior to their 16,315
stated maturity; limitations on the issuance of additional bonds 16,316
by the commission; the investment of moneys in the improvement 16,317
fund and any special funds, without regard to Chapter 131. or 16,318
135. of the Revised Code, but subject to any provisions of 16,319
Chapter 4981. of the Revised Code, and the bond proceedings with 16,320
respect thereto; a maximum rate of interest that bonds with a 16,321
floating rate interest structure may bear, without regard to
section 9.95 of the Revised Code; any restrictions not 16,322
inconsistent with this chapter on the amount and terms of and 16,323
security for the repayment for loans made to qualifying 16,324
subdivisions, local or regional transportation authorities, or 16,325
other persons from the improvement fund; and any other term, 16,326
condition, or provision of or with respect to the bonds which may 16,327
be included in the bond proceedings. 16,328
(H) The revenues and any special funds pledged to the 16,330
payment of debt service on bonds pursuant to the bond proceedings 16,331
for such bonds and thereafter received by the commission or by an 16,332
agent on behalf of the commission are immediately subject to the 16,333
lien of such pledge without any physical delivery thereof or 16,334
further act. The lien of any such pledge is valid and binding 16,335
against all parties having claims of any kind against the 16,336
367
commission or against any person, qualifying subdivision, or 16,337
local or regional transportation authority or municipal 16,338
corporation that is an absolute obligor with respect to such 16,339
bonds, irrespective of whether such parties have notice thereof, 16,340
and shall create a perfected security interest for all purposes 16,341
of Chapter 1309. of the Revised Code, without the necessity for 16,342
separation or delivery of funds or for the filing or recording of 16,343
the bond proceedings by which such pledge is created, or any 16,344
certificate, statement, or other document with respect thereto; 16,345
and the pledge of such pledged receipts and special funds is 16,346
effective and the moneys therefrom and thereof may be applied to 16,347
the purposes for which pledged without necessity for any act of 16,348
appropriation. Every pledge, and every covenant and agreement 16,349
made in the bond proceedings with respect thereto, may therein be 16,350
extended to the benefit of the owners and holders of the bonds 16,351
authorized to be issued under this section and to any trustee or 16,352
paying agent for such owners and holders for further security of 16,353
the payment of the debt service on such bonds. 16,354
(I) Each duty of the commission and of its members, 16,356
directors, or officers and each duty of any other governmental 16,357
agency and its officials, members, or employees undertaken 16,358
pursuant to the bond proceedings or in any participation 16,359
agreement is hereby established as a duty of the commission or of 16,360
such qualifying subdivision or local or regional transportation 16,361
authority or governmental agency and of each such member, 16,362
officer, official, or employee having authority to perform such 16,363
duty, specifically enjoined by law resulting from an office, 16,364
trust, or station within the meaning of section 2731.01 of the 16,365
Revised Code. The persons who are at the time the members, 16,366
directors, officers, or employees of the commission are not 16,367
liable in their personal capacities on any bonds issued by the 16,369
commission or under any of the bond proceedings with respect 16,370
thereto.
(J) Bonds issued under this section are lawful investments 16,372
368
of banks, savings and loan associations, deposit guarantee 16,373
associations, trust companies, trustees, fiduciaries, insurance 16,374
companies, including domestic for life and domestic not for life, 16,375
trustees or other officers having charge of sinking and bond 16,376
retirement funds or other funds of the state and of political 16,377
subdivisions and taxing districts of the state, the commissioners 16,378
of the sinking fund of the state, the industrial commission, the 16,379
state teachers retirement system, the public employees retirement 16,380
system, the school employees retirement system, and the OHIO 16,381
police and firemen's disability and FIRE pension fund, 16,383
notwithstanding any other provisions of the Revised Code or rules 16,385
adopted by any state agency with respect to investments by them, 16,386
and are also acceptable as security for the deposit of public 16,387
moneys. For the purpose of causing bonds issued by the 16,388
commission to be eligible for investment of interim moneys of the 16,389
state or any subdivision of the state under section 135.14 of the 16,390
Revised Code, but solely for that purpose, bonds issued by the 16,391
commission shall be deemed to be bonds or other obligations of 16,392
this state for purposes of division (B)(4) of section 135.14 of 16,393
the Revised Code.
(K) The bonds issued by the commission, the transfer 16,395
thereof, and the income therefrom, including any profit made on 16,396
the sale thereof, shall at all times be free from taxation within 16,397
the state. 16,398
(L) Any bonds which recite that they are issued pursuant 16,400
to this section, which comply on their face with such section, 16,401
which are issued for one or more permitted bond purposes, and for 16,402
which the commission has been paid in full, shall in any action 16,403
or proceeding involving their validity be conclusively deemed to 16,404
have been issued, sold, executed, and delivered in conformity 16,405
with law and shall be incontestable unless such action or 16,406
proceeding is begun prior to the delivery of such bonds to the 16,407
original purchaser or purchasers thereof. 16,408
(M) In the event that the sum of all reserves pledged to 16,410
369
the payment of such bonds shall be less than the minimum reserve 16,411
requirements established in any resolution or resolutions 16,412
authorizing the issuance of such bonds, the chairperson of the 16,413
commission shall certify, on or before the first day of December 16,414
of each year, the amount of such deficiency to the governor for 16,415
inclusion, if the governor shall so elect, of the amount of such 16,416
deficiency in the budget to be submitted to the next session of 16,417
the general assembly for appropriation to the commission to be 16,418
pledged for payment of such bonds or notes. The general assembly 16,419
shall not be required to make any appropriations so requested, 16,420
and the amount of such deficiencies do not constitute a debt or 16,421
liability of the state. 16,422
(N) All property of the commission is exempt from levy and 16,424
sale by virtue of an execution and no execution or other judicial 16,425
process may issue against the property. A judgment against the 16,426
commission may not be a charge or lien upon its property. 16,427
However, nothing in this section applies to or limits the rights 16,428
of the holder of bonds or notes to pursue a remedy for the 16,429
enforcement of a pledge or lien given by the bank on its revenues 16,430
or other money. 16,431
(O) No action to contest the validity of any bonds of the 16,433
commission to be sold at public sale may be brought after the 16,434
fifteenth day following the first publication of notice of the 16,435
sale of the bonds. No action to contest the validity of any bond 16,436
sale under this chapter may be brought after the fifth day 16,437
following the bond sale. 16,438
(P) If bonds are sold at private sale, the commission may 16,440
publish notice of the execution of the contract of sale of the 16,441
bonds one time in a newspaper published and of general 16,442
circulation in the city of Columbus. If notice is published as 16,443
permitted in this division, no action to contest the validity of 16,444
such bonds or notes sold at private sale may be brought after the 16,445
fifteenth day following the publication of notice of the 16,446
execution of the contract of sale pertaining to the bonds. 16,447
370
(Q) If an action challenging the bonds of the commission 16,449
is not brought within the time prescribed by division (O) or (P) 16,450
of this section, whichever is applicable, all bonds of the 16,451
commission shall be conclusively presumed to be fully authorized 16,452
and issued under the laws of the state, and a person or a 16,453
qualified entity is estopped from questioning their 16,454
authorization, sale, issuance, execution, or delivery by the 16,455
commission.
(R) Insofar as the provisions of this section are 16,457
inconsistent with the provisions of any other law, general, 16,458
special, or local, the provisions of this chapter shall be 16,459
controlling. 16,460
Sec. 4981.19. All bonds issued under sections 4981.11 to 16,469
4981.26 of the Revised Code are lawful investments of banks, 16,470
societies for savings, savings and loan associations, deposit 16,471
guarantee associations, trust companies, trustees, fiduciaries, 16,472
insurance companies, including domestic for life and domestic not 16,473
for life, trustees or other officers having charge of sinking and 16,474
bond retirement or other special funds of political subdivisions 16,475
and taxing districts of this state, the commissioners of the 16,476
sinking fund of the state, the administrator of workers' 16,477
compensation, the state teachers retirement system, the public 16,479
employees retirement system, the school employees retirement 16,480
system, and the OHIO police and firemen's disability and FIRE 16,481
pension fund, notwithstanding any other provision of the Revised 16,482
Code or rules adopted pursuant thereto by any governmental agency 16,483
of the state with respect to investments by them, and are 16,484
acceptable as security for the deposit of public moneys. 16,485
Sec. 5505.161. On receipt of notice from the public 16,494
employees retirement system, OHIO police and firemen's disability 16,495
and FIRE pension fund, state teachers retirement system, or 16,497
school employees retirement system of the re-employment of a 16,498
retirant, the state highway patrol retirement system shall not
pay, or if paid shall recover, any amount to be forfeited by the 16,499
371
retirant in accordance with section 145.38, 742.26, 3307.381, or 16,500
3309.341 of the Revised Code.
Sec. 5505.201. A member of the state highway patrol 16,509
retirement system shall, in computing years of active service in 16,510
the highway patrol under sections 5505.16, 5505.17, and 5505.18 16,511
of the Revised Code, be given full credit for time served as a 16,512
police officer or firefighter covered under Chapter 742. and 16,514
former Chapters 521. and 541. of the Revised Code, provided such 16,515
member pays to the state highway patrol retirement system the 16,516
amount received by the member under division (I) of former 16,517
section 521.11, division (I) of former section 741.18, division 16,518
(I) of former section 741.49, or division (G) of section 742.37 16,519
of the Revised Code, with compound interest thereon at a rate to 16,520
be determined by the state highway patrol retirement board from 16,521
the date of such receipt to the date of such deposit. A member 16,522
may choose to purchase only part of such credit in any one 16,523
payment, subject to board rules. 16,524
Upon certification by the state highway patrol retirement 16,526
board to the board of trustees of the OHIO police and firemen's 16,528
disability and FIRE pension fund of such payment by the member, 16,529
the OHIO police and firemen's disability and FIRE pension fund 16,531
shall pay from the appropriate employers' contribution fund under 16,532
section 742.59 of the Revised Code to the state highway patrol 16,533
retirement system an amount equal to the payment of the member. 16,534
Sec. 5505.28. (A) The state highway patrol retirement 16,543
board may enter into an agreement with insurance companies, 16,544
health insuring corporations, or government agencies authorized 16,545
to do business in the state for issuance of a policy or contract 16,547
of health, medical, hospital, or surgical benefits, or any 16,548
combination thereof, for those persons receiving pensions and 16,550
subscribing to the plan. Notwithstanding any other provision of 16,551
this chapter, the policy or contract may also include coverage 16,552
for any eligible individual's spouse and dependent children and 16,553
for any of the individual's sponsored dependents as the board 16,555
372
considers appropriate.
If all or any portion of the policy or contract premium is 16,557
to be paid by any individual receiving a service, disability, or 16,559
survivor pension or benefit, the individual shall, by written 16,561
authorization, instruct the board to deduct from the individual's 16,563
pension or benefit the premium agreed to be paid by the 16,564
individual to the company, corporation, or agency. 16,566
The board may contract for coverage on the basis of part or 16,569
all of the cost of the coverage to be paid from appropriate funds 16,570
of the state highway patrol retirement system. The cost paid 16,571
from the funds of the system shall be included in the employer's 16,573
contribution rate as provided by section 5505.15 of the Revised 16,574
Code.
(B) If the board provides health, medical, hospital, or 16,576
surgical benefits through any means other than a health insuring 16,578
corporation, it shall offer to each individual eligible for the 16,581
benefits the alternative of receiving benefits through enrollment 16,583
in a health insuring corporation, if all of the following apply: 16,585
(1) The health insuring corporation provides health care 16,588
services in the geographical area in which the individual lives; 16,590
(2) The eligible individual was receiving health care 16,592
benefits through a health maintenance organization or a health 16,594
insuring corporation before retirement; 16,595
(3) The rate and coverage provided by the health insuring 16,598
corporation to eligible individuals is comparable to that 16,601
currently provided by the board under division (A) of this
section. If the rate or coverage provided by the health insuring 16,603
corporation is not comparable to that currently provided by the 16,605
board under division (A) of this section, the board may deduct 16,606
the additional cost from the eligible individual's monthly 16,608
benefit.
The health insuring corporation shall accept as an enrollee 16,612
any eligible individual who requests enrollment.
The board shall permit each eligible individual to change 16,614
373
from one plan to another at least once a year at a time 16,616
determined by the board. 16,617
(C) The board shall, beginning the month following receipt 16,619
of satisfactory evidence of the payment for coverage, pay monthly 16,620
to each recipient of a pension under the state highway patrol 16,622
retirement system who is eligible for medical insurance coverage 16,623
under part B of "The Social Security Amendments of 1965," 79 16,624
Stat. 301, 42 U.S.C.A. 1395j, as amended, an amount established 16,626
by board rule not exceeding the basic premium for such coverage. 16,627
(D) The board shall establish by rule requirements for the 16,629
coordination of any coverage, payment, or benefit provided under 16,631
this section with any similar coverage, payment, or benefit made 16,632
available to the same individual by the public employees 16,633
retirement system, OHIO police and firemen's disability and FIRE 16,634
pension fund, state teachers retirement system, or school 16,636
employees retirement system. 16,637
(E) The board shall make all other necessary rules 16,639
pursuant to the purpose and intent of this section. 16,640
Sec. 5528.54. (A) The commissioners of the sinking fund 16,649
are authorized to issue and sell, as provided in this section and 16,650
in amounts from time to time authorized by the general assembly, 16,651
general obligations of this state for the purpose of financing or 16,652
assisting in the financing of the costs of projects. The full 16,653
faith and credit, revenues, and taxing power of the state are and 16,654
shall be pledged to the timely payment of bond service charges on 16,655
outstanding obligations, all in accordance with Section 2m of
Article VIII, Ohio Constitution, and sections 5528.51 to 5528.56 16,656
of the Revised Code, and so long as such obligations are 16,657
outstanding there shall be levied and collected excises, taxes, 16,658
and other revenues in amounts sufficient to pay the bond service 16,659
charges on such obligations and costs relating to credit 16,660
enhancement facilities.
(B) Not more than two hundred twenty million dollars 16,662
principal amount of obligations, plus the principal amount of 16,663
374
obligations that in any prior fiscal years could have been, but 16,664
were not issued within that two-hundred-twenty-million-dollar 16,665
fiscal year limit, may be issued in any fiscal year, and not more 16,666
that one billion two hundred million dollars principal amount of 16,667
obligations may be outstanding at any one time, all determined as 16,668
provided in sections 5528.51 to 5528.56 of the Revised Code. 16,669
(C) The state may participate in financing projects by 16,671
grants, loans, or contributions to local government entities. 16,672
(D) Each issue of obligations shall be authorized by 16,674
resolution of the commissioners. The bond proceedings shall 16,675
provide for the principal amount or maximum principal amount of 16,676
obligations of an issue, and shall provide for or authorize the 16,677
manner for determining the principal maturity or maturities, not 16,678
exceeding the earlier of thirty years from the date of issuance 16,679
of the particular obligations or thirty years from the date the
debt represented by the particular obligations was originally 16,680
contracted, the interest rate or rates, the date of and the dates 16,681
of payment of interest on the obligations, their denominations, 16,683
and the establishment within or outside the state of a place or 16,684
places of payment of bond service charges. Sections 9.96, 9.98, 16,685
9.981, 9.982, and 9.983 of the Revised Code are applicable to the 16,686
obligations. The purpose of the obligations may be stated in the 16,687
bond proceedings as "financing or assisting in the financing of 16,688
highway capital improvement projects as provided in Section 2m of 16,689
Article VIII, Ohio Constitution."
(E) The proceeds of the obligations, except for any 16,691
portion to be deposited into special funds, or into escrow funds 16,693
for the purpose of refunding outstanding obligations, or pursuant 16,694
to section 5528.57 of the Revised Code, all as may be provided in 16,695
the bond proceedings, shall be deposited into the highway capital 16,696
improvement fund established by section 5528.53 of the Revised 16,697
Code.
(F) The commissioners may appoint or provide for the 16,699
appointment of paying agents, bond registrars, securities 16,701
375
depositories, and transfer agents, and may retain the services of
financial advisers and accounting experts, and retain or contract 16,702
for the services of marketing, remarketing, indexing, and 16,703
administrative agents, other consultants, and independent 16,704
contractors, including printing services, as are necessary in the 16,705
judgment of the commissioners to carry out sections 5528.51 to 16,706
5528.56 of the Revised Code. Financing costs are payable, as
provided in the bond proceedings, from the proceeds of the 16,707
obligations, from special funds, or from other moneys available 16,708
for the purpose.
(G) The bond proceedings, including any trust agreement, 16,710
may contain additional provisions customary or appropriate to the 16,711
financing or to the obligations or to particular obligations 16,712
including, but not limited to: 16,713
(1) The redemption of obligations prior to maturity at the 16,715
option of the state or of the holder or upon the occurrence of 16,716
certain conditions at such price or prices and under such terms 16,717
and conditions as are provided in the bond proceedings; 16,718
(2) The form of and other terms of the obligations; 16,720
(3) The establishment, deposit, investment, and 16,722
application of special funds, and the safeguarding of moneys on 16,723
hand or on deposit, in lieu of otherwise applicable provisions of 16,724
Chapter 131. or 135. of the Revised Code, but subject to any 16,725
special provisions of this section with respect to particular 16,726
funds or moneys, and provided that any bank or trust company that 16,727
acts as a depository of any moneys in special funds may furnish 16,728
such indemnifying bonds or may pledge such securities as required
by the commissioners; 16,729
(4) Any or every provision of the bond proceedings binding 16,731
upon the commissioners and such state agency or local government 16,732
entities, officer, board, commission, authority, agency, 16,733
department, or other person or body as may from time to time have 16,734
the authority under law to take such actions as may be necessary 16,735
to perform all or any part of the duty required by such
376
provision; 16,736
(5) The maintenance of each pledge, any trust agreement, 16,738
or other instrument composing part of the bond proceedings until 16,739
the state has fully paid or provided for the payment of the bond 16,740
service charges on the obligations or met other stated 16,741
conditions;
(6) In the event of default in any payments required to be 16,743
made by the bond proceedings, or any other agreement of the 16,744
commissioners made as part of a contract under which the 16,745
obligations were issued or secured, the enforcement of such 16,746
payments or agreements by mandamus, suit in equity, action at
law, or any combination of the foregoing; 16,747
(7) The rights and remedies of the holders of obligations 16,749
and of the trustee under any trust agreement, and provisions for 16,750
protecting and enforcing them, including limitations on rights of 16,751
individual holders of obligations;
(8) The replacement of any obligations that become 16,753
mutilated or are destroyed, lost, or stolen; 16,754
(9) Provision for the funding, refunding, or advance 16,756
refunding or other provision for payment of obligations that will 16,757
then no longer be outstanding for purposes of sections 5528.51 to 16,758
5528.56 of the Revised Code or of the bond proceedings; 16,759
(10) Any provision that may be made in bond proceedings or 16,761
a trust agreement, including provision for amendment of the bond 16,762
proceedings;
(11) Any other or additional agreements with the holders 16,764
of the obligations relating to any of the foregoing; 16,765
(12) Such other provisions as the commissioners determine, 16,767
including limitations, conditions, or qualifications relating to 16,768
any of the foregoing. 16,769
(H) The great seal of the state or a facsimile of that 16,771
seal may be affixed to or printed on the obligations. The 16,772
obligations requiring signatures by the commissioners shall be 16,773
signed by or bear the facsimile signatures of two or more of the 16,774
377
commissioners as provided in the bond proceedings. Any 16,775
obligations may be signed by the person who, on the date of
execution, is the authorized signer although on the date of such 16,776
obligations such person was not a commissioner. In case the 16,777
individual whose signature or a facsimile of whose signature 16,778
appears on any obligation ceases to be a commissioner before 16,779
delivery of the obligation, such signature or facsimile is
nevertheless valid and sufficient for all purposes as if that 16,780
individual had remained the member until such delivery, and in 16,781
case the seal to be affixed to or printed on obligations has been 16,782
changed after the seal has been affixed to or a facsimile of the 16,783
seal has been printed on the obligations, that seal or facsimile 16,784
seal shall continue to be sufficient as to those obligations and
obligations issued in substitution or exchange therefor. 16,785
(I) The obligations are negotiable instruments and 16,787
securities under Chapter 1308. of the Revised Code, subject to 16,788
the provisions of the bond proceedings as to registration. 16,789
Obligations may be issued in coupon or in fully registered form, 16,790
or both, as the commissioners determine. Provision may be made 16,791
for the registration of any obligations with coupons attached as
to principal alone or as to both principal and interest, their 16,792
exchange for obligations so registered, and for the conversion or 16,793
reconversion into obligations with coupons attached of any 16,794
obligations registered as to both principal and interest, and for 16,795
reasonable charges for such registration, exchange, conversion, 16,796
and reconversion. Pending preparation of definitive obligations, 16,797
the commissioners may issue interim receipts or certificates
which shall be exchanged for such definitive obligations. 16,799
(J) Obligations may be sold at public sale or at private 16,801
sale, and at such price at, above, or below par, as determined by 16,802
the commissioners in the bond proceedings. 16,804
(K) In the discretion of the commissioners, obligations 16,806
may be secured additionally by a trust agreement between the 16,807
state and a corporate trustee which may be any trust company or 16,808
378
bank having its principal place of business within the state. 16,809
Any trust agreement may contain the resolution authorizing the 16,810
issuance of the obligations, any provisions that may be contained 16,811
in the bond proceedings, and other provisions that are customary
or appropriate in an agreement of the type. 16,812
(L) Except to the extent that their rights are restricted 16,814
by the bond proceedings, any holder of obligations, or a trustee 16,815
under the bond proceedings may by any suitable form of legal 16,816
proceedings protect and enforce any rights under the laws of this 16,817
state or granted by the bond proceedings. Such rights include 16,818
the right to compel the performance of all duties of the
commissioners and the state. Each duty of the commissioners and 16,819
its employees, and of each state agency and local government 16,820
entity and its officers, members, or employees, undertaken 16,822
pursuant to the bond proceedings, is hereby established as a duty 16,823
of the commissioners, and of each such agency, local government 16,824
entity, officer, member, or employee having authority to perform
such duty, specifically enjoined by the law and resulting from an 16,825
office, trust, or station within the meaning of section 2731.01 16,826
of the Revised Code. The persons who are at the time the 16,827
commissioners of the sinking fund, or its employees, are not 16,828
liable in their personal capacities on any obligations or any 16,829
agreements of or with the commissioners relating to obligations
or under the bond proceedings. 16,830
(M) The commissioners may authorize and issue obligations 16,832
for the refunding, including funding and retirement, and advance 16,833
refunding with or without payment or redemption prior to 16,834
maturity, of any obligations previously issued. Such refunding 16,835
obligations may be issued in amounts sufficient to pay or to 16,836
provide for payment of the principal amount, including principal
amounts maturing prior to the redemption of the remaining 16,837
obligations, any redemption premium, and interest accrued or to 16,838
accrue to the maturity or redemption date or dates, payable on 16,839
the refunded obligations, and related financing costs and any 16,840
379
expenses incurred or to be incurred in connection with such
issuance and refunding. Subject to the applicable bond 16,841
proceedings, the portion of the proceeds of the sale of refunding 16,842
obligations issued under this division to be applied to bond 16,843
service charges on the prior obligations shall be credited to an 16,844
appropriate separate account in the bond service fund and held in
trust for the purpose by the commissioners or by a corporate 16,845
trustee. Obligations authorized under this division shall be 16,846
considered to be issued for those purposes for which such prior 16,847
obligations were issued, and, except as otherwise provided in 16,848
sections 5528.51 to 5528.56 of the Revised Code pertaining to
other obligations. 16,849
(N) The commissioners may authorize and issue obligations 16,851
in the form of bond anticipation notes and renew those notes from 16,852
time to time by the issuance of new notes. The holders of such 16,853
notes or appertaining interest coupons have the right to have 16,854
bond service charges on those notes paid solely from the moneys 16,855
and special funds that are or may be pledged to the payment of
bond service charges on those notes, including the proceeds of 16,856
such bonds or renewal notes, or both, as the commissioners 16,857
provide in the bond proceedings authorizing the notes. Such 16,858
notes may be additionally secured by convenants of the 16,860
commissioners to the effect that the commissioners and the state
will do such or all things necessary for the issuance of bonds or 16,861
renewal notes in the appropriate amount, and apply the proceeds 16,862
thereof to the extent necessary, to make full and timely payment 16,863
of the principal of and interest on such notes as provided in 16,864
such bond proceedings. For such purposes, the commissioners may
issue bonds or renewal notes in such principal amount and upon 16,865
such terms as may be necessary to provide moneys to pay when due 16,866
the principal of and interest on such notes. Except as otherwise 16,867
provided in sections 5528.51 to 5528.56 of the Revised Code, 16,868
notes authorized pursuant to this division are subject to 16,869
sections 5528.51 to 5528.56 of the Revised Code pertaining to 16,870
380
other obligations.
The commissioners in the bond proceedings authorizing the 16,872
issuance of bond anticipation notes shall set forth for the bonds 16,873
anticipated by such notes an estimated schedule of annual 16,874
principal payments for such bonds over a period of thirty years 16,875
from the earlier of the date of issuance of the notes or the date 16,876
of original issuance of prior notes in anticipation of those
bonds. While the notes are outstanding there shall be deposited, 16,877
as shall be provided in the bond proceedings for those notes, 16,878
from the sources authorized for payment of bond service charges 16,880
on the bonds, amounts sufficient to pay the principal of the 16,881
bonds anticipated as set forth in that estimated schedule during
the time the notes are outstanding, which amounts shall be used 16,882
solely to pay the principal of those notes or of the bonds 16,883
anticipated.
(O) Refunding or renewal obligations issued pursuant to 16,885
division (M) or (N) of this section shall not be counted against 16,887
the limitation on principal amount provided for in division (B) 16,888
of this section and shall be in addition to the amount authorized 16,889
by the general assembly as provided for in division (A) of this 16,890
section, to the extent the principal amount of those obligations 16,891
does not exceed the then outstanding principal amount of the 16,892
obligations to be refunded, renewed, or retired. For the 16,893
purposes of this section only, the principal amount of an
obligation issued to refund an outstanding obligation is the 16,894
amount on which interest or interest equivalent is initially 16,895
calculated and shall not be considered to include any premium 16,896
paid by the initial purchaser of such obligation. 16,897
(P) Obligations are lawful investments for banks, 16,899
societies for savings, savings and loan associations, deposit 16,900
guarantee associations, trust companies, trustees, fiduciaries, 16,901
insurance companies, including domestic for life and domestic not 16,902
for life, trustees or other officers having charge of sinking and 16,903
bond retirement or other special funds of political subdivisions
381
and taxing districts of this state, the commissioners of the 16,904
sinking fund, the administrator of workers' compensation, subject 16,905
to the approval of the workers' compensation board and the 16,906
industrial commission, the state teachers retirement system, the 16,908
public employees retirement system, the school employees
retirement system, and the OHIO police and firemen's disability 16,910
and FIRE pension fund, notwithstanding any other provisions of 16,912
the Revised Code or rules adopted pursuant thereto by any state 16,913
agency with respect to investments by them, and are also 16,914
acceptable as security for the deposit of public moneys. 16,915
(Q) Unless otherwise provided in any applicable bond 16,917
proceedings, moneys to the credit of or in the special funds 16,918
established by or pursuant to this section may be invested by or 16,919
on behalf of the commissioners only in notes, bonds, or other 16,920
direct obligations of the United States or of any agency or 16,922
instrumentality thereof, in obligations of this state or any 16,923
political subdivision of this state, in certificates of deposit
of any national bank located in this state and any bank, as 16,924
defined in section 1101.01 of the Revised Code, subject to 16,925
inspection by the superintendent of financial institutions, in 16,926
the Ohio subdivision's fund established pursuant to section 16,927
135.45 of the Revised Code, in no-front-end-load money market 16,928
mutual funds consisting exclusively of direct obligations of the 16,929
United States or of an agency or instrumentality thereof, and in 16,930
repurchase agreements, including those issued by any fiduciary, 16,931
secured by direct obligations of the United States or an agency 16,933
or instrumentality thereof, and in common trust funds established
in accordance with section 1109.20 of the Revised Code and 16,935
consisting exclusively of direct obligations of the United States 16,936
or of an agency or instrumentality thereof, notwithstanding 16,937
division (A)(4) of that section. The income from investments 16,939
shall be credited to such special funds or otherwise as the
commissioners determine in the bond proceedings, and the 16,940
investments may be sold or exchanged at such times as the 16,941
382
commissioners determine or authorize. 16,942
(R) Unless otherwise provided in any applicable bond 16,944
proceedings, moneys to the credit of or in a special fund shall 16,945
be disbursed on the order of the commissioners, provided that no 16,947
such order is required for the payment from the bond service fund 16,949
or other special fund when due of bond service charges or
required payments under credit enhancement facilities. 16,950
(S) The commissioners may covenant in the bond 16,952
proceedings, and any such covenants shall be controlling 16,953
notwithstanding any other provision of law, that the state and 16,954
the applicable officers and agencies of the state, including the 16,955
general assembly, shall, so long as any obligations are
outstanding in accordance with their terms, maintain statutory 16,956
authority for and cause to be charged and collected taxes, 16,957
excises, and other receipts of the state so that the receipts to 16,959
the bond service fund shall be sufficient in amounts to meet bond 16,960
service charges and for the establishment and maintenance of any 16,961
reserves and other requirements, including payment of financing
costs, provided for in the bond proceedings. 16,962
(T) The obligations, and the transfer of, and the 16,964
interest, interest equivalent, and other income and accreted 16,965
amounts from, including any profit made on the sale, exchange, or 16,966
other disposition of, the obligations shall at all times be free 16,967
from taxation, direct or indirect, within the state. 16,968
Sec. 5531.10. (A) As used in this chapter: 16,977
(1) "Bond proceedings" means the resolution, order, trust 16,979
agreement, indenture, lease, lease-purchase agreements, and other 16,980
agreements, amendments and supplements to the foregoing, or any 16,982
one or more or combination thereof, authorizing or providing for 16,983
the terms and conditions applicable to, or providing for the 16,984
security or liquidity of, obligations issued pursuant to this 16,985
section, and the provisions contained in such obligations. 16,986
(2) "Bond service charges" means principal, including 16,988
mandatory sinking fund requirements for retirement of 16,989
383
obligations, and interest, and redemption premium, if any, 16,990
required to be paid by the state on obligations. 16,991
(3) "Bond service fund" means the applicable fund and 16,993
accounts therein created for and pledged to the payment of bond 16,994
service charges, which may be, or may be part of, the state 16,995
infrastructure bank revenue bond service fund created by division 16,996
(S)(R) of this section including all moneys and investments, and 16,998
earnings from investments, credited and to be credited thereto. 16,999
(4) "Issuing authority" means the treasurer of state, or 17,001
the officer who by law performs the functions of the treasurer of 17,002
state.
(5) "Obligations" means bonds, notes, or other evidence of 17,004
obligation including interest coupons pertaining thereto, issued 17,005
pursuant to this section. 17,006
(6) "Pledged receipts" means moneys accruing to the state 17,009
from the lease, lease-purchase, sale, or other disposition, or 17,010
use, of qualified projects, and from the repayment, including 17,011
interest, of loans made from proceeds received from the sale of 17,012
obligations; accrued interest received from the sale of 17,013
obligations; income from the investment of the special funds; any 17,015
gifts, grants, donations, and pledges, and receipts therefrom, 17,016
available for the payment of bond service charges; and any
amounts in the state infrastructure bank pledged to the payment 17,017
of such charges.
(7) "Special funds" or "funds" means, except where the 17,019
context does not permit, the bond service fund, and any other 17,020
funds, including reserve funds, created under the bond 17,021
proceedings, and the state infrastructure bank revenue bond 17,022
service fund created by division (R) of this section to the 17,023
extent provided in the bond proceedings, including all moneys and 17,024
investments, and earnings from investment, credited and to be 17,025
credited thereto.
(8) "State infrastructure project" means any public 17,027
transportation project undertaken by the state, including, but 17,028
384
not limited to, all components of any such project, as described 17,029
in division (D) of section 5131.09 of the Revised Code. 17,030
(B) The issuing authority, after giving written notice to 17,033
the director of budget and management and upon the certification
by the director of transportation to the issuing authority of the 17,035
amount of moneys or additional moneys needed either for state 17,036
infrastructure projects or to provide financial assistance for
any of the purposes for which the state infrastructure bank may 17,038
be used under section 5531.09 of the Revised Code, or needed for 17,039
capitalized interest, funding reserves, and paying costs and 17,040
expenses incurred in connection with the issuance, carrying, 17,041
securing, paying, redeeming, or retirement of the obligations or 17,042
any obligations refunded thereby, including payment of costs and 17,043
expenses relating to letters of credit, lines of credit, 17,044
insurance, put agreements, standby purchase agreements, indexing, 17,045
marketing, remarketing and administrative arrangements, interest 17,046
swap or hedging agreements, and any other credit enhancement, 17,047
liquidity, remarketing, renewal, or refunding arrangements, all 17,048
of which are authorized by this section, shall issue obligations 17,049
of the state under this section in the required amount. The 17,051
proceeds of such obligations, except for the portion to be 17,052
deposited in special funds, including reserve funds, as may be 17,053
provided in the bond proceedings, shall as provided in the bond 17,054
proceedings be credited to the infrastructure bank obligations 17,055
fund of the state infrastructure bank created by section 5531.09 17,056
of the Revised Code. The issuing authority may appoint trustees, 17,057
paying agents, transfer agents, and authenticating agents, and 17,059
may retain the services of financial advisors, accounting 17,060
experts, and attorneys, and retain or contract for the services 17,061
of marketing, remarketing, indexing, and administrative agents, 17,062
other consultants, and independent contractors, including 17,063
printing services, as are necessary in the issuing authority's 17,064
judgment to carry out this section. The costs of such services 17,065
are payable from funds of the state infrastructure bank. 17,066
385
(C) The holders or owners of such obligations shall have 17,068
no right to have moneys raised by taxation by the state of Ohio 17,070
obligated or pledged, and moneys so raised shall not be obligated 17,071
or pledged, for the payment of bond service charges. The right 17,072
of such holders and owners to the payment of bond service charges 17,073
is limited to all or that portion of the pledged receipts and 17,074
those special funds pledged thereto pursuant to the bond 17,075
proceedings for such obligations in accordance with this section, 17,077
and each such obligation shall bear on its face a statement to 17,078
that effect.
(D) Obligations shall be authorized by order of the 17,081
issuing authority and the bond proceedings shall provide for the 17,082
purpose thereof and the principal amount or amounts, and shall 17,083
provide for or authorize the manner or agency for determining the 17,084
principal maturity or maturities, not exceeding twenty-five years 17,085
from the date of issuance, the interest rate or rates or the 17,086
maximum interest rate, the date of the obligations and the dates 17,087
of payment of interest thereon, their denomination, and the 17,088
establishment within or without the state of a place or places of 17,089
payment of bond service charges. Sections 9.98 to 9.983 of the 17,090
Revised Code are applicable to obligations issued under this 17,091
section. The purpose of such obligations may be stated in the 17,092
bond proceedings in terms describing the general purpose or 17,093
purposes to be served. The bond proceedings also shall provide, 17,094
subject to the provisions of any other applicable bond 17,095
proceedings, for the pledge of all, or such part as the issuing 17,096
authority may determine, of the pledged receipts and the 17,098
applicable special fund or funds to the payment of bond service 17,099
charges, which pledges may be made either prior or subordinate to 17,100
other expenses, claims, or payments, and may be made to secure 17,101
the obligations on a parity with obligations theretofore or 17,102
thereafter issued, if and to the extent provided in the bond 17,103
proceedings. The pledged receipts and special funds so pledged 17,104
and thereafter received by the state immediately are subject to 17,105
386
the lien of such pledge without any physical delivery thereof or 17,106
further act, and the lien of any such pledges is valid and 17,107
binding against all parties having claims of any kind against the 17,108
state or any governmental agency of the state, irrespective of 17,109
whether such parties have notice thereof, and shall create a
perfected security interest for all purposes of Chapter 1309. of 17,110
the Revised Code, without the necessity for separation or 17,111
delivery of funds or for the filing or recording of the bond 17,112
proceedings by which such pledge is created or any certificate, 17,113
statement, or other document with respect thereto; and the pledge 17,114
of such pledged receipts and special funds is effective and the 17,115
money therefrom and thereof may be applied to the purposes for 17,116
which pledged without necessity for any act of appropriation. 17,117
Every pledge, and every covenant and agreement made with respect 17,118
thereto, made in the bond proceedings may therein be extended to 17,119
the benefit of the owners and holders of obligations authorized 17,120
by this section, and to any trustee therefor, for the further 17,121
security of the payment of the bond service charges. 17,122
(E) The bond proceedings may contain additional provisions 17,124
as to: 17,125
(1) The redemption of obligations prior to maturity at the 17,127
option of the issuing authority at such price or prices and under 17,128
such terms and conditions as are provided in the bond 17,129
proceedings; 17,130
(2) Other terms of the obligations; 17,132
(3) Limitations on the issuance of additional obligations; 17,134
(4) The terms of any trust agreement or indenture securing 17,136
the obligations or under which the same may be issued; 17,137
(5) The deposit, investment, and application of special 17,139
funds, and the safeguarding of moneys on hand or on deposit, 17,140
without regard to Chapter 131. or 135. of the Revised Code, but 17,141
subject to any special provisions of this section with respect to 17,144
particular funds or moneys, provided that any bank or trust
company which acts as depository of any moneys in the special 17,145
387
funds may furnish such indemnifying bonds or may pledge such 17,146
securities as required by the issuing authority; 17,147
(6) Any or every provision of the bond proceedings being 17,149
binding upon such officer, board, commission, authority, agency, 17,150
department, or other person or body as may from time to time have 17,151
the authority under law to take such actions as may be necessary 17,152
to perform all or any part of the duty required by such 17,153
provision; 17,154
(7) Any provision that may be made in a trust agreement or 17,156
indenture; 17,157
(8) Any other or additional agreements with the holders of 17,159
the obligations, or the trustee therefor, relating to the 17,160
obligations or the security therefor, including the assignment of 17,161
mortgages or other security relating to financial assistance for 17,163
qualified projects under section 5531.09 of the Revised Code. 17,164
(F) The obligations may have the great seal of the state 17,166
or a facsimile thereof affixed thereto or printed thereon. The 17,167
obligations and any coupons pertaining to obligations shall be 17,168
signed or bear the facsimile signature of the issuing authority. 17,169
Any obligations or coupons may be executed by the person who, on 17,170
the date of execution, is the proper issuing authority although 17,171
on the date of such bonds or coupons such person was not the 17,172
issuing authority. In case the issuing authority whose signature 17,173
or a facsimile of whose signature appears on any such obligation 17,174
or coupon ceases to be the issuing authority before delivery 17,175
thereof, such signature or facsimile nevertheless is valid and 17,177
sufficient for all purposes as if the former issuing authority 17,178
had remained the issuing authority until such delivery; and in 17,179
case the seal to be affixed to obligations has been changed after 17,180
a facsimile of the seal has been imprinted on such obligations, 17,181
such facsimile seal shall continue to be sufficient as to such 17,182
obligations and obligations issued in substitution or exchange 17,183
therefor.
(G) All obligations are negotiable instruments and 17,185
388
securities under Chapter 1308. of the Revised Code, subject to 17,186
the provisions of the bond proceedings as to registration. The 17,187
obligations may be issued in coupon or in registered form, or 17,188
both, as the issuing authority determines. Provision may be made 17,189
for the registration of any obligations with coupons attached 17,190
thereto as to principal alone or as to both principal and 17,191
interest, their exchange for obligations so registered, and for 17,192
the conversion or reconversion into obligations with coupons 17,193
attached thereto of any obligations registered as to both 17,194
principal and interest, and for reasonable charges for such 17,195
registration, exchange, conversion, and reconversion. 17,196
(H) Obligations may be sold at public sale or at private 17,198
sale, as determined in the bond proceedings. 17,199
(I) Pending preparation of definitive obligations, the 17,201
issuing authority may issue interim receipts or certificates 17,202
which shall be exchanged for such definitive obligations. 17,203
(J) In the discretion of the issuing authority, 17,205
obligations may be secured additionally by a trust agreement or 17,206
indenture between the issuing authority and a corporate trustee 17,207
which may be any trust company or bank having its principal place 17,208
of business within the state. Any such agreement or indenture 17,209
may contain the order authorizing the issuance of the 17,211
obligations, any provisions that may be contained in any bond
proceedings, and other provisions which are customary or 17,212
appropriate in an agreement or indenture of such type, including, 17,213
but not limited to: 17,214
(1) Maintenance of each pledge, trust agreement, 17,216
indenture, or other instrument comprising part of the bond 17,217
proceedings until the state has fully paid the bond service 17,218
charges on the obligations secured thereby, or provision therefor 17,219
has been made; 17,220
(2) In the event of default in any payments required to be 17,222
made by the bond proceedings, or any other agreement of the 17,223
issuing authority made as a part of the contract under which the 17,224
389
obligations were issued, enforcement of such payments or 17,225
agreement by mandamus, the appointment of a receiver, suit in 17,226
equity, action at law, or any combination of the foregoing; 17,227
(3) The rights and remedies of the holders of obligations 17,229
and of the trustee, and provisions for protecting and enforcing 17,230
them, including limitations on the rights of individual holders 17,231
of obligations; 17,232
(4) The replacement of any obligations that become 17,234
mutilated or are destroyed, lost, or stolen; 17,235
(5) Such other provisions as the trustee and the issuing 17,237
authority agree upon, including limitations, conditions, or 17,238
qualifications relating to any of the foregoing. 17,239
(K) Any holder of obligations or a trustee under the bond 17,241
proceedings, except to the extent that the holder's or trustee's 17,243
rights are restricted by the bond proceedings, may by any 17,244
suitable form of legal proceedings, protect and enforce any 17,245
rights under the laws of this state or granted by such bond 17,246
proceedings. Such rights include the right to compel the 17,247
performance of all duties of the issuing authority and the 17,248
director of transportation required by the bond proceedings or 17,249
sections 5531.09 and 5531.10 of the Revised Code; to enjoin 17,250
unlawful activities; and in the event of default with respect to 17,252
the payment of any bond service charges on any obligations or in 17,253
the performance of any covenant or agreement on the part of the 17,254
issuing authority or the director of transportation in the bond 17,255
proceedings, to apply to a court having jurisdiction of the cause 17,256
to appoint a receiver to receive and administer the pledged 17,257
receipts and special funds, other than those in the custody of 17,258
the treasurer of state, which are pledged to the payment of the 17,259
bond service charges on such obligations or which are the subject 17,260
of the covenant or agreement, with full power to pay, and to 17,261
provide for payment of bond service charges on, such obligations, 17,262
and with such powers, subject to the direction of the court, as 17,263
are accorded receivers in general equity cases, excluding any 17,264
390
power to pledge additional revenues or receipts or other income 17,265
or moneys of the state or local governmental entities, or 17,267
agencies thereof, to the payment of such principal and interest 17,269
and excluding the power to take possession of, mortgage, or cause 17,270
the sale or otherwise dispose of any project facilities.
Each duty of the issuing authority and the issuing 17,272
authority's officers and employees, and of each state or local 17,273
governmental agency and its officers, members, or employees, 17,275
undertaken pursuant to the bond proceedings or any loan, loan 17,276
guarantee, lease, lease-purchase agreement, or other agreement 17,278
made under authority of section 5531.09 of the Revised Code, and 17,279
in every agreement by or with the issuing authority, is hereby 17,281
established as a duty of the issuing authority, and of each such 17,282
officer, member, or employee having authority to perform such 17,283
duty, specifically enjoined by the law resulting from an office, 17,284
trust, or station within the meaning of section 2731.01 of the 17,285
Revised Code.
The person who is at the time the issuing authority, or the 17,287
issuing authority's officers or employees, are not liable in 17,288
their personal capacities on any obligations issued by the 17,289
issuing authority or any agreements of or with the issuing 17,290
authority. 17,291
(L) The issuing authority may authorize and issue 17,293
obligations for the refunding, including funding and retirement, 17,294
and advance refunding with or without payment or redemption prior 17,295
to maturity, of any obligations previously issued by the issuing 17,296
authority. Such obligations may be issued in amounts sufficient 17,297
for payment of the principal amount of the prior obligations, any 17,298
redemption premiums thereon, principal maturities of any such 17,299
obligations maturing prior to the redemption of the remaining 17,300
obligations on a parity therewith, interest accrued or to accrue 17,301
to the maturity dates or dates of redemption of such obligations, 17,302
and any expenses incurred or to be incurred in connection with 17,304
such issuance and such refunding, funding, and retirement. 17,305
391
Subject to the bond proceedings therefor, the portion of proceeds 17,306
of the sale of obligations issued under this division to be 17,307
applied to bond service charges on the prior obligations shall be 17,308
credited to an appropriate account held by the trustee for such 17,309
prior or new obligations or to the appropriate account in the 17,310
bond service fund for such obligations. Obligations authorized 17,311
under this division shall be deemed to be issued for those 17,312
purposes for which such prior obligations were issued and are 17,313
subject to the provisions of this section pertaining to other 17,314
obligations, except as otherwise provided in this section. The 17,315
last maturity of obligations authorized under this division shall 17,316
not be later than twenty-five years from the date of issuance of 17,317
the original securities issued for the original purpose. 17,318
(M) The authority to issue obligations under this section 17,320
includes authority to issue obligations in the form of bond 17,321
anticipation notes and to renew the same from time to time by the 17,322
issuance of new notes. The holders of such notes or interest 17,323
coupons pertaining thereto shall have a right to be paid solely 17,324
from the pledged receipts and special funds that may be pledged 17,325
to the payment of the bonds anticipated, or from the proceeds of 17,326
such bonds or renewal notes, or both, as the issuing authority 17,327
provides in the order authorizing such notes. Such notes may be 17,329
additionally secured by covenants of the issuing authority to the 17,330
effect that the issuing authority and the state will do such or 17,331
all things necessary for the issuance of such bonds or renewal 17,332
notes in the appropriate amount, and apply the proceeds thereof 17,333
to the extent necessary, to make full payment of the principal of 17,334
and interest on such notes at the time or times contemplated, as 17,335
provided in such order. For such purpose, the issuing authority 17,336
may issue bonds or renewal notes in such principal amount and 17,337
upon such terms as may be necessary to provide funds to pay when 17,338
required the principal of and interest on such notes, 17,339
notwithstanding any limitations prescribed by or for purposes of 17,340
this section. Subject to this division, all provisions for and 17,341
392
references to obligations in this section are applicable to notes 17,342
authorized under this division. 17,343
The issuing authority in the bond proceedings authorizing 17,345
the issuance of bond anticipation notes shall set forth for such 17,346
bonds an estimated interest rate and a schedule of principal 17,347
payments for such bonds and the annual maturity dates thereof. 17,348
(N) Obligations issued under this section are lawful 17,350
investments for banks, societies for savings, savings and loan 17,351
associations, deposit guarantee associations, trust companies, 17,352
trustees, fiduciaries, insurance companies, including domestic 17,353
for life and domestic not for life, trustees or other officers 17,354
having charge of sinking and bond retirement or other special 17,355
funds of political subdivisions and taxing districts of this 17,356
state, the commissioners of the sinking fund of the state, the 17,357
administrator of workers' compensation in accordance with the 17,358
investment policy established by the workers' compensation 17,359
oversight commission pursuant to section 4121.12 of the Revised 17,360
Code, the state teachers retirement system, the public employees 17,361
retirement system, the school employees retirement system, and 17,362
the OHIO police and firemen's disability and FIRE pension fund, 17,364
notwithstanding any other provisions of the Revised Code or rules 17,366
adopted pursuant thereto by any agency of the state with respect 17,367
to investments by them, and are also acceptable as security for 17,368
the deposit of public moneys. 17,369
(O) Unless otherwise provided in any applicable bond 17,371
proceedings, moneys to the credit of or in the special funds 17,372
established by or pursuant to this section may be invested by or 17,373
on behalf of the issuing authority only in notes, bonds, or other 17,374
obligations of the United States, or of any agency or 17,375
instrumentality of the United States, obligations guaranteed as 17,377
to principal and interest by the United States, obligations of 17,378
this state or any political subdivision of this state, and 17,379
certificates of deposit of any national bank located in this 17,380
state and any bank, as defined in section 1101.01 of the Revised 17,381
393
Code, subject to inspection by the superintendent of financial 17,382
institutions. If the law or the instrument creating a trust 17,384
pursuant to division (J) of this section expressly permits 17,385
investment in direct obligations of the United States or an 17,386
agency of the United States, unless expressly prohibited by the 17,387
instrument, such moneys also may be invested in no-front-end-load 17,388
money market mutual funds consisting exclusively of obligations 17,389
of the United States or an agency of the United States and in 17,391
repurchase agreements, including those issued by the fiduciary 17,392
itself, secured by obligations of the United States or an agency 17,393
of the United States; and in collective investment funds as 17,396
defined in division (A) of section 1111.01 of the Revised Code 17,397
and consisting exclusively of any such securities. The income 17,400
from such investments shall be credited to such funds as the 17,401
issuing authority determines, and such investments may be sold at 17,402
such times as the issuing authority determines or authorizes. 17,403
(P) Provision may be made in the applicable bond 17,405
proceedings for the establishment of separate accounts in the 17,406
bond service fund and for the application of such accounts only 17,407
to the specified bond service charges on obligations pertinent to 17,408
such accounts and bond service fund and for other accounts 17,409
therein within the general purposes of such fund. Unless 17,410
otherwise provided in any applicable bond proceedings, moneys to 17,411
the credit of or in the several special funds established 17,412
pursuant to this section shall be disbursed on the order of the 17,413
treasurer of state, provided that no such order is required for 17,414
the payment from the bond service fund when due of bond service 17,415
charges on obligations. 17,416
(Q)(1) The issuing authority may pledge all, or such 17,419
portion as the issuing authority determines, of the pledged 17,420
receipts to the payment of bond service charges on obligations 17,421
issued under this section, and for the establishment and 17,422
maintenance of any reserves, as provided in the bond proceedings, 17,423
and make other provisions therein with respect to pledged 17,424
394
receipts as authorized by this chapter, which provisions are 17,425
controlling notwithstanding any other provisions of law 17,426
pertaining thereto.
(2) An action taken under division (Q)(2) of this section 17,429
does not limit the generality of division (Q)(1) of this section, 17,430
and is subject to division (C) of this section and, if and to the 17,431
extent otherwise applicable, Section 13 of Article VIII, Ohio 17,433
Constitution. The bond proceedings may contain a covenant that, 17,434
in the event the pledged receipts primarily pledged and required 17,435
to be used for the payment of bond service charges on obligations 17,436
issued under this section, and for the establishment and 17,437
maintenance of any reserves, as provided in the bond proceedings, 17,438
are insufficient to make any such payment in full when due, or to
maintain any such reserve, the director of transportation shall 17,439
so notify the governor, and shall determine to what extent, if 17,440
any, the payment may be made or moneys may be restored to the 17,441
reserves from lawfully available moneys previously appropriated 17,442
for that purpose to the department of transportation. The 17,443
covenant also may provide that if the payments are not made or 17,444
the moneys are not immediately and fully restored to the reserves 17,446
from such moneys, the director shall promptly submit to the 17,447
governor and to the director of budget and management a written 17,448
request for either or both of the following:
(a) That the next biennial budget submitted by the 17,450
governor to the general assembly include an amount to be 17,451
appropriated from lawfully available moneys to the department for 17,453
the purpose of and sufficient for the payment in full of bond 17,454
service charges previously due and for the full replenishment of 17,455
the reserves;
(b) That the general assembly be requested to increase 17,457
appropriations from lawfully available moneys for the department 17,459
in the current biennium sufficient for the purpose of and for the 17,460
payment in full of bond service charges previously due and to
come due in the biennium and for the full replenishment of the 17,461
395
reserves.
The director of transportation shall include with such 17,463
requests a recommendation that the payment of the bond service 17,465
charges and the replenishment of the reserves be made in the 17,466
interest of maximizing the benefits of the state infrastructure
bank. Any such covenant shall not obligate or purport to 17,467
obligate the state to pay the bond service charges on such bonds 17,469
or notes or to deposit moneys in a reserve established for such 17,470
payments other than from moneys that may be lawfully available 17,471
and appropriated for that purpose during the then-current
biennium. 17,472
(R) There is hereby created the state infrastructure bank 17,474
revenue bond service fund, which shall be in the custody of the 17,475
treasurer of state but shall not be a part of the state treasury. 17,477
All moneys received by or on account of the issuing authority or 17,478
state agencies and required by the applicable bond proceedings, 17,479
consistent with this section, to be deposited, transferred, or 17,480
credited to the bond service fund, and all other moneys 17,481
transferred or allocated to or received for the purposes of the
fund, shall be deposited and credited to such fund and to any 17,482
separate accounts therein, subject to applicable provisions of 17,483
the bond proceedings, but without necessity for any act of 17,484
appropriation. The state infrastructure bank revenue bond 17,487
service fund is a trust fund and is hereby pledged to the payment 17,488
of bond service charges to the extent provided in the applicable 17,489
bond proceedings, and payment thereof from such fund shall be 17,490
made or provided for by the treasurer of state in accordance with 17,491
such bond proceedings without necessity for any act of 17,492
appropriation.
(S) The obligations issued pursuant to this section, the 17,494
transfer thereof, and the income therefrom, including any profit 17,495
made on the sale thereof, shall at all times be free from 17,496
taxation within this state.
Sec. 5537.08. (A) The Ohio turnpike commission may 17,505
396
provide by resolution for the issuance, at one time or from time 17,506
to time, of revenue bonds of the state for the purpose of paying 17,507
all or any part of the cost of any one or more turnpike projects. 17,508
The bond service charges shall be payable solely from pledged 17,509
revenues pledged for such payment pursuant to the applicable bond 17,510
proceedings. The bonds of each issue shall be dated, shall bear 17,511
interest at a rate or rates or at variable rates, and shall 17,512
mature or be payable at such time or times, with a final maturity 17,513
not to exceed forty years from their date or dates, all as 17,514
determined by the commission in the bond proceedings. The 17,515
commission shall determine the form of the bonds, including any 17,516
interest coupons to be attached thereto, and shall fix the 17,517
denomination or denominations of the bonds and the place or 17,518
places of payment of bond service charges. 17,519
(B) The bonds shall be signed by the chairman CHAIRPERSON 17,521
or vice-chairman VICE-CHAIRPERSON of the commission or by the 17,522
facsimile signature of that officer, the official seal of the 17,523
commission or a facsimile thereof shall be affixed thereto or 17,524
printed thereon and attested by the secretary-treasurer of the 17,525
commission, which may be by facsimile signature, and any coupons 17,526
attached thereto shall bear the facsimile signature of the 17,527
chairman CHAIRPERSON or vice-chairman VICE-CHAIRPERSON of the 17,528
commission. In case any officer whose signature, or a facsimile 17,529
of whose signature, appears on any bonds or coupons ceases to be 17,530
such officer before delivery of bonds, such signature or 17,531
facsimile shall nevertheless be valid and sufficient for all 17,532
purposes the same as if he THE OFFICER had remained in office 17,533
until such delivery. 17,534
(C) Subject to the bond proceedings and provisions for 17,536
registration, the bonds shall have all the qualities and 17,537
incidents of negotiable instruments under Title XIII of the 17,538
Revised Code. The bonds may be issued in such form or forms as 17,539
the commission determines, including without limitation coupon, 17,540
book entry, and fully registered form, and provision may be made 17,541
397
for the registration of any coupon bonds as to principal alone 17,542
and also as to both principal and interest, and for the exchange 17,543
of bonds between forms. The commission may sell such bonds by 17,544
competitive bid on the best bid after advertisement or request 17,545
for bids or by private sale in the manner, and for the price, it 17,546
determines to be for the best interest of the state. The 17,547
determination of the commission as to the manner of sale, by 17,548
competitive bid or by private sale, shall be approved by the 17,549
controlling board. 17,550
(D) The proceeds of the bonds of each issue shall be used 17,552
solely for the payment of the costs of the turnpike project or 17,553
projects for which such bonds were issued, and shall be disbursed 17,554
in such manner and under such restrictions as the commission 17,555
provides in the bond proceedings. 17,556
(E) Prior to the preparation of definitive bonds, the 17,558
commission may, under like restrictions, issue interim receipts 17,559
or temporary bonds or bond anticipation notes, with or without 17,560
coupons, exchangeable for definitive bonds when such bonds have 17,561
been executed and are available for delivery. The commission may 17,562
provide for the replacement of any mutilated, stolen, destroyed, 17,563
or lost bonds. Bonds may be issued by the commission under this 17,564
chapter without obtaining the consent of any state agency, and 17,565
without any other proceedings or the happening of any other 17,566
conditions or things than those proceedings, conditions, or 17,567
things that are specifically required by this chapter or those 17,569
proceedings. 17,570
(F) Sections 9.98 to 9.983 of the Revised Code apply to 17,572
the bonds. 17,573
(G) The bond proceedings shall provide, subject to the 17,575
provisions of any other applicable bond proceedings, for the 17,576
pledge to the payment of bond service charges and of any costs of 17,577
or relating to credit enhancement facilities of all, or such part 17,578
as the commission may determine, of the pledged revenues and the 17,579
applicable special fund or funds, which pledges may be made to 17,580
398
secure the bonds on a parity with bonds theretofore or thereafter 17,581
issued if and to the extent provided in the bond proceedings. 17,582
Every pledge, and every covenant and agreement with respect 17,583
thereto, made in the bond proceedings may in the bond proceedings 17,584
be extended to the benefit of the owners and holders of bonds and 17,585
to any trustee and any person providing a credit enhancement 17,586
facility for those bonds, for the further security for the 17,587
payment of the bond service charges and credit enhancement 17,588
facility costs. 17,589
(H) The bond proceedings may contain additional provisions 17,591
as to: 17,592
(1) The redemption of bonds prior to maturity at the 17,594
option of the commission or of the bondholders or upon the 17,595
occurrence of certain stated conditions, and at such price or 17,596
prices and under such terms and conditions as are provided in the 17,597
bond proceedings; 17,598
(2) Other terms of the bonds; 17,600
(3) Limitations on the issuance of additional bonds; 17,602
(4) The terms of any trust agreement securing the bonds or 17,604
under which the same may be issued; 17,605
(5) Any or every provision of the bond proceedings being 17,607
binding upon the commission and state agencies, or other person 17,608
as may from time to time have the authority under law to take 17,609
such actions as may be necessary to perform all or any part of 17,610
the duty required by such provision; 17,611
(6) Any provision that may be made in a trust agreement; 17,614
(7) Any other or additional agreements with the holders of 17,616
the bonds, or the trustee therefor, relating to the bonds or the 17,617
security for the bonds, including agreements for credit 17,618
enhancement facilities. 17,619
(I) Any holder of bonds or a trustee under the bond 17,621
proceedings, except to the extent that his THE HOLDER'S OR 17,622
TRUSTEE'S rights are restricted by the bond proceedings, may by 17,623
any suitable form of legal proceedings, protect and enforce any 17,624
399
rights under the laws of this state or granted by the bond 17,626
proceedings. Those rights include the right to compel the 17,627
performance of all duties of the commission and state agencies 17,628
required by this chapter or the bond proceedings; to enjoin 17,629
unlawful activities; and in the event of default with respect to 17,630
the payment of any bond service charges on any bonds or in the 17,631
performance of any covenant or agreement on the part of the 17,632
commission contained in the bond proceedings, to apply to a court 17,633
having jurisdiction of the cause to appoint a receiver to receive 17,634
and administer the revenues and the pledged revenues which are 17,635
pledged to the payment of the bond service charges on such bonds 17,636
or which are the subject of the covenant or agreement, with full 17,637
power to pay, and to provide for payment of, bond service charges 17,638
on such bonds, and with such powers, subject to the direction of 17,639
the court, as are accorded receivers in general equity cases, 17,640
excluding any power to pledge additional revenues or receipts or 17,641
other income, funds, or moneys of the commission or state 17,642
agencies to the payment of such bond service charges and 17,643
excluding the power to take possession of, mortgage, or cause the 17,644
sale or otherwise dispose of any turnpike project or other 17,645
property of the commission.
(J) Each duty of the commission and the commission's 17,647
officers and employees, undertaken pursuant to the bond 17,648
proceedings, is hereby established as a duty of the commission, 17,649
and of each such officer, member, or employee having authority to 17,650
perform the duty, specifically enjoined by law resulting from an 17,651
office, trust, or station within the meaning of section 2731.01 17,652
of the Revised Code. 17,653
(K) The commission's officers or employees are not liable 17,655
in their personal capacities on any bonds issued by the 17,656
commission or any agreements of or with the commission relating 17,657
to those bonds. 17,658
(L) The bonds are lawful investments for banks, savings 17,660
and loan associations, credit union share guaranty corporations, 17,661
400
trust companies, trustees, fiduciaries, insurance companies, 17,662
including domestic for life and domestic not for life, trustees 17,663
or other officers having charge of sinking and bond retirement or 17,664
other funds of the state or its political subdivisions and taxing 17,665
districts, the commissioners of the sinking fund of the state, 17,666
the administrator of workers' compensation, the state teachers 17,667
retirement system, the public employees retirement system, the 17,669
school employees retirement system, and the OHIO police and 17,670
firemen's disability and FIRE pension fund, notwithstanding any 17,672
other provisions of the Revised Code or rules adopted pursuant 17,673
thereto by any state agency with respect to investments by them,
and are also acceptable as security for the repayment of the 17,674
deposit of public moneys. 17,675
(M) Provision may be made in the applicable bond 17,677
proceedings for the establishment of separate accounts in the 17,678
bond service fund and for the application of such accounts only 17,679
to the specified bond service charges pertinent to such accounts 17,680
and bond service fund, and for other accounts therein within the 17,681
general purposes of such fund. 17,682
(N) The commission may pledge all, or such portion as it 17,684
determines, of the pledged revenues to the payment of bond 17,685
service charges, and for the establishment and maintenance of any 17,686
reserves and special funds, as provided in the bond proceedings, 17,687
and make other provisions therein with respect to pledged 17,688
revenues, revenues, and net revenues as authorized by this 17,689
chapter, which provisions are controlling notwithstanding any 17,690
other provisions of law pertaining thereto. 17,691
Sec. 5540.06. (A) The board of trustees of a 17,700
transportation improvement district may provide by resolution for 17,701
the issuance, at one time or from time to time, of bonds of the 17,702
district for the purpose of paying all or any part of the cost of 17,703
any one or more projects. The bond service charges shall be 17,704
payable solely from pledged revenues pledged for such payment 17,705
pursuant to the applicable bond proceedings. The bonds of each 17,706
401
issue shall be dated, shall bear interest at a rate or rates or 17,707
at variable rates, and shall mature or be payable at such time or 17,708
times, with a final maturity not to exceed thirty years from 17,709
their date or dates, all as determined by the board in the bond 17,710
proceedings. The board shall determine the form of the bonds, 17,711
including any interest coupons to be attached thereto, and shall 17,712
fix the denomination or denominations of the bonds and the place 17,713
or places of payment of bond service charges. 17,714
(B) The bonds shall be signed by the chairperson or 17,716
vice-chairperson of the board or by the facsimile signature of 17,718
that officer, the official seal of the district or a facsimile
thereof may be affixed thereto or printed thereon and attested by 17,719
the secretary-treasurer of the district, which may be by 17,720
facsimile signature, and any coupons attached thereto shall bear 17,721
the facsimile signature of the chairperson or vice-chairperson of 17,723
the board. In case any officer whose signature, or a facsimile 17,724
of whose signature, appears on any bonds or coupons ceases to be 17,725
such officer before delivery of THE bonds, such signature or 17,726
facsimile shall nevertheless be valid and sufficient for all 17,727
purposes the same as if the officer had remained in office until 17,729
such delivery.
(C) Subject to the bond proceedings and provisions for 17,731
registration, the bonds shall have all the qualities and 17,732
incidents of negotiable instruments under Title XIII of the 17,733
Revised Code. The bonds may be issued in such form or forms as 17,734
the board determines, including without limitation coupon, book 17,735
entry, and fully registered form, and provision may be made for 17,736
the registration of any coupon bonds as to principal alone and 17,737
also as to both principal and interest, and for the exchange of 17,738
bonds between forms. The board may sell such bonds by 17,739
competitive bid on the best bid after advertisement or request 17,740
for bids or by private sale in the manner, and for the price, it 17,741
determines to be for the best interest of the district. 17,742
(D) The proceeds of the bonds of each issue shall be used 17,744
402
solely for the payment of the costs of the project or projects 17,745
for which the bonds were issued, and shall be disbursed in such 17,746
manner and under such restrictions as the board provides in the 17,747
bond proceedings. 17,748
(E) Prior to the preparation of definitive bonds, the 17,750
board may, under like restrictions, issue interim receipts or 17,751
temporary bonds or bond anticipation notes, with or without 17,752
coupons, exchangeable for definitive bonds when such bonds have 17,753
been executed and are available for delivery. The board may 17,754
provide for the replacement of any mutilated, stolen, destroyed, 17,755
or lost bonds. 17,756
(F) Sections 9.98 to 9.983 of the Revised Code apply to 17,758
the bonds. 17,759
(G) The bond proceedings shall provide, subject to the 17,761
provisions of any other applicable bond proceedings, for the 17,762
pledge to the payment of bond service charges and of any costs of 17,763
or relating to credit enhancement facilities of all, or such part 17,764
as the board may determine, of the pledged revenues and the 17,765
applicable special fund or funds, which pledges may be made to 17,766
secure the bonds on a parity with bonds theretofore or thereafter 17,767
issued if and to the extent provided in the bond proceedings. 17,768
Every pledge, and every covenant and agreement with respect 17,769
thereto, made in the bond proceedings may in the bond proceedings 17,770
be extended to the benefit of the owners and holders of bonds and 17,771
to any trustee and any person providing a credit enhancement 17,772
facility for those bonds, for the further security for the 17,773
payment of the bond service charges and credit enhancement 17,774
facility costs. 17,775
(H) The bond proceedings may contain additional provisions 17,777
as to: 17,778
(1) The redemption of bonds prior to maturity at the 17,780
option of the board or of the bondholders or upon the occurrence 17,781
of certain stated conditions, and at such price or prices and 17,782
under such terms and conditions as are provided in the bond 17,783
403
proceedings; 17,784
(2) Other terms of the bonds; 17,786
(3) Limitations on the issuance of additional bonds; 17,788
(4) The terms of any trust agreement securing the bonds or 17,790
under which the same may be issued; 17,791
(5) Any or every provision of the bond proceedings being 17,793
binding upon the board and state agencies, or other person as may 17,794
from time to time have the authority under law to take such 17,795
actions as may be necessary to perform all or any part of the 17,796
duty required by such provision; 17,797
(6) Any provision that may be made in a trust agreement; 17,800
(7) Any other or additional agreements with the holders of 17,802
the bonds, or the trustee therefor, relating to the bonds or the 17,803
security for the bonds, including agreements for credit 17,804
enhancement facilities. 17,805
(I) Any holder of bonds or a trustee under the bond 17,807
proceedings, except to the extent that the holder's or trustee's 17,809
rights are restricted by the bond proceedings, may by any
suitable form of legal proceedings, protect and enforce any 17,810
rights under the laws of this state or granted by the bond 17,812
proceedings. Those rights include the right to compel the 17,813
performance of all duties of the board required by this chapter 17,814
or the bond proceedings; to enjoin unlawful activities; and in 17,815
the event of default with respect to the payment of any bond 17,816
service charges on any bonds or in the performance of any 17,817
covenant or agreement on the part of the board contained in the 17,818
bond proceedings, to apply to a court having jurisdiction of the 17,819
cause to appoint a receiver to receive and administer the 17,820
revenues and the pledged revenues which are pledged to the 17,821
payment of the bond service charges on such bonds or that are the 17,822
subject of the covenant or agreement, with full power to pay, and 17,824
to provide for payment of, bond service charges on such bonds, 17,825
and with such powers, subject to the direction of the court, as 17,826
are accorded receivers in general equity cases, excluding any 17,827
404
power to pledge additional revenue or receipts or other income, 17,828
funds, or moneys of the board to the payment of such bond service 17,829
charges and excluding the power to take possession of, mortgage, 17,830
or cause the sale or otherwise dispose of any project or other 17,831
property of the board. 17,832
(J) Each duty of the board and the board's officers and 17,834
employees, undertaken pursuant to the bond proceedings, is hereby 17,835
established as a duty of the board, and of each such officer, 17,836
member, or employee having authority to perform the duty, 17,837
specifically enjoined by law resulting from an office, trust, or 17,838
station within the meaning of section 2731.01 of the Revised 17,839
Code. 17,840
(K) The board's officers or employees are not liable in 17,842
their personal capacities on any bonds issued by the board or any 17,843
agreements of or with the board relating to those bonds. 17,844
(L) The bonds are lawful investments for banks, savings 17,846
and loan associations, credit union share guaranty corporations, 17,847
trust companies, trustees, fiduciaries, insurance companies, 17,848
including domestic for life and domestic not for life, trustees 17,849
or other officers having charge of sinking and bond retirement or 17,850
other funds of the state or its political subdivisions and taxing 17,851
districts, the commissioners of the sinking fund of the state, 17,852
the administrator of workers' compensation, the state teachers 17,853
retirement system, the public employees retirement system, the 17,855
school employees retirement system, and the OHIO police and 17,856
firemen's disability and FIRE pension fund, notwithstanding any 17,858
other provisions of the Revised Code or rules adopted pursuant 17,859
thereto by any state agency with respect to investments by them, 17,860
and also are acceptable as security for the repayment of the 17,862
deposit of public moneys.
(M) Provision may be made in the applicable bond 17,864
proceedings for the establishment of separate accounts in the 17,865
bond service fund and for the application of such accounts only 17,866
to the specified bond service charges pertinent to such accounts 17,867
405
and bond service fund, and for other accounts therein within the 17,868
general purposes of such fund. 17,869
(N) The board may pledge all, or such portion as it 17,871
determines, of the pledged revenues to the payment of bond 17,872
service charges, and for the establishment and maintenance of any 17,873
reserves and special funds, as provided in the bond proceedings, 17,874
and make other provisions therein with respect to pledged 17,875
revenues, revenues, and net revenues as authorized by this 17,876
chapter, which provisions shall be controlling notwithstanding 17,877
any other provisions of law pertaining thereto. 17,878
Sec. 5705.19. This section does not apply to school 17,885
districts or county school financing districts. 17,886
The taxing authority of any subdivision at any time and in 17,888
any year, by vote of two-thirds of all the members of the taxing 17,889
authority, may declare by resolution and certify the resolution 17,890
to the board of elections not less than seventy-five days before 17,891
the election upon which it will be voted that the amount of taxes 17,892
that may be raised within the ten-mill limitation will be 17,893
insufficient to provide for the necessary requirements of the 17,894
subdivision and that it is necessary to levy a tax in excess of 17,895
that limitation for any of the following purposes: 17,896
(A) For current expenses of the subdivision, except that 17,898
the total levy for current expenses of a detention home district 17,899
or district organized under section 2151.65 of the Revised Code 17,900
shall not exceed two mills and that the total levy for current 17,901
expenses of a combined district organized under sections 2151.34 17,902
and 2151.65 of the Revised Code shall not exceed four mills; 17,903
(B) For the payment of debt charges on certain described 17,905
bonds, notes, or certificates of indebtedness of the subdivision 17,906
issued subsequent to January 1, 1925; 17,907
(C) For the debt charges on all bonds, notes, and 17,909
certificates of indebtedness issued and authorized to be issued 17,910
prior to January 1, 1925; 17,911
(D) For a public library of, or supported by, the 17,913
406
subdivision under whatever law organized or authorized to be 17,914
supported; 17,915
(E) For a municipal university, not to exceed two mills 17,917
over the limitation of one mill prescribed in section 3349.13 of 17,918
the Revised Code; 17,919
(F) For the construction or acquisition of any specific 17,921
permanent improvement or class of improvements that the taxing 17,922
authority of the subdivision may include in a single bond issue; 17,923
(G) For the general construction, reconstruction, 17,925
resurfacing, and repair of streets, roads, and bridges in 17,926
municipal corporations, counties, or townships; 17,927
(H) For recreational purposes; 17,929
(I) For the purpose of providing and maintaining fire 17,931
apparatus, appliances, buildings, or sites therefor, or sources 17,932
of water supply and materials therefor, or the establishment and 17,933
maintenance of lines of fire alarm telegraph, or the payment of 17,934
permanent, part-time, or volunteer firefighters or fire-fighting 17,936
companies to operate the same, including the payment of the 17,937
firefighters employer's FIREFIGHTER EMPLOYERS' contribution 17,939
required under section 742.34 of the Revised Code, or to purchase 17,941
ambulance equipment, or to provide ambulance, paramedic, or other 17,942
emergency medical services operated by a fire department or 17,943
fire-fighting company;
(J) For the purpose of providing and maintaining motor 17,945
vehicles, communications, and other equipment used directly in 17,946
the operation of a police department, or the payment of salaries 17,947
of permanent police personnel, including the payment of the 17,948
police employer's OFFICER EMPLOYERS' contribution required under 17,950
section 742.33 of the Revised Code, or the payment of the costs 17,951
incurred by townships as a result of contracts made with other 17,952
political subdivisions in order to obtain police protection, or 17,953
to provide ambulance or emergency medical services operated by a 17,954
police department; 17,955
(K) For the maintenance and operation of a county home; 17,957
407
(L) For community mental retardation and developmental 17,959
disabilities programs and services pursuant to Chapter 5126. of 17,960
the Revised Code, except that the procedure for such levies shall 17,961
be as provided in section 5705.222 of the Revised Code; 17,962
(M) For regional planning; 17,964
(N) For a county's share of the cost of maintaining and 17,966
operating schools, district detention homes, forestry camps, or 17,967
other facilities, or any combination thereof established under 17,968
section 2151.34 or 2151.65 of the Revised Code or both of those 17,969
sections; 17,970
(O) For providing for flood defense, providing and 17,972
maintaining a flood wall or pumps, and other purposes to prevent 17,973
floods; 17,974
(P) For maintaining and operating sewage disposal plants 17,976
and facilities; 17,977
(Q) For the purpose of purchasing, acquiring, 17,979
constructing, enlarging, improving, equipping, repairing, 17,980
maintaining, or operating, or any combination of the foregoing, a 17,981
county transit system pursuant to sections 306.01 to 306.13 of 17,982
the Revised Code, or to make any payment to a board of county 17,983
commissioners operating a transit system or a county transit 17,984
board pursuant to section 306.06 of the Revised Code; 17,985
(R) For the subdivision's share of the cost of acquiring 17,987
or constructing any schools, forestry camps, detention homes, or 17,988
other facilities, or any combination thereof under section 17,989
2151.34 or 2151.65 of the Revised Code or both of those sections; 17,990
(S) For the prevention, control, and abatement of air 17,992
pollution; 17,993
(T) For maintaining and operating cemeteries; 17,995
(U) For providing ambulance service, emergency medical 17,997
service, or both; 17,998
(V) For providing for the collection and disposal of 18,000
garbage or refuse, including yard waste; 18,001
(W) For the payment of the police employer's OFFICER 18,003
408
EMPLOYERS' contribution or the firefighters employer's 18,005
FIREFIGHTER EMPLOYERS' contribution required under sections 18,008
742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage 18,010
improvement pursuant to section 6131.52 of the Revised Code; 18,011
(Y) For providing or maintaining senior citizens services 18,013
or facilities as authorized by section 307.694, 307.85, 505.70, 18,014
505.706, or division (EE) of section 717.01 of the Revised Code; 18,015
(Z) For the provision and maintenance of zoological park 18,017
services and facilities as authorized under section 307.76 of the 18,018
Revised Code; 18,019
(AA) For the maintenance and operation of a free public 18,021
museum of art, science, or history; 18,022
(BB) For the establishment and operation of a 9-1-1 18,024
system, as defined in section 4931.40 of the Revised Code; 18,025
(CC) For the purpose of acquiring, rehabilitating, or 18,027
developing rail property or rail service. As used in this 18,028
division, "rail property" and "rail service" have the same 18,029
meanings as in section 4981.01 of the Revised Code. This 18,030
division applies only to a county, township, or municipal 18,031
corporation. 18,032
(DD) For the purpose of acquiring property for, 18,034
constructing, operating, and maintaining community centers as 18,035
provided for in section 755.16 of the Revised Code; 18,036
(EE) For the creation and operation of an office or joint 18,038
office of economic development, for any economic development 18,039
purpose of the office, and to otherwise provide for the 18,040
establishment and operation of a program of economic development 18,041
pursuant to sections 307.07 and 307.64 of the Revised Code; 18,042
(FF) For the purpose of acquiring, establishing, 18,044
constructing, improving, equipping, maintaining, or operating, or 18,045
any combination of the foregoing, a township airport, landing 18,046
field, or other air navigation facility pursuant to section 18,047
505.15 of the Revised Code; 18,048
409
(GG) For the payment of costs incurred by a township as a 18,050
result of a contract made with a county pursuant to section 18,051
505.263 of the Revised Code in order to pay all or any part of 18,052
the cost of constructing, maintaining, repairing, or operating a 18,053
water supply improvement; 18,054
(HH) For a board of township trustees to acquire, other 18,056
than by appropriation, an ownership interest in land, water, or 18,057
wetlands, or to restore or maintain land, water, or wetlands in 18,058
which the board has such an interest, not for purposes of 18,059
recreation, but for the purposes of protecting and preserving the 18,060
natural, scenic, open, or wooded condition of the land, water, or 18,061
wetlands against modification or encroachment resulting from 18,062
occupation, development, or other use, which may be styled as 18,063
protecting or preserving "greenspace" in the resolution, notice 18,064
of election, or ballot form; 18,065
(II) For the support by a county of a crime victim 18,067
assistance program that is provided and maintained by a county 18,068
agency or a private, nonprofit corporation or association under 18,069
section 307.62 of the Revised Code; 18,070
(JJ) For any or all of the purposes set forth in divisions 18,072
(I) and (J) of this section. This division applies only to a 18,073
township. 18,074
(KK) For a countywide public safety communications system 18,076
under section 307.63 of the Revised Code. This division applies 18,077
only to counties. 18,078
(LL) For the support by a county of criminal justice 18,080
services under section 307.45 of the Revised Code; 18,081
(MM) For the purpose of maintaining and operating a jail 18,083
or other detention facility as defined in section 2921.01 of the 18,084
Revised Code; 18,085
(NN) For purchasing, maintaining, or improving, or any 18,087
combination of the foregoing, real estate on which to hold 18,088
agricultural fairs. This division applies only to a county. 18,089
(OO) For constructing, rehabilitating, repairing, or 18,091
410
maintaining sidewalks, walkways, trails, bicycle pathways, or 18,092
similar improvements, or acquiring ownership interests in land 18,093
necessary for the foregoing improvements, by a board of township 18,094
trustees;
(PP) For both of the purposes set forth in divisions (G) 18,096
and (OO) of this section. This division applies only to a 18,097
township.
(QQ) For the legislative authority of a municipal 18,099
corporation, board of county commissioners of a county, or board 18,100
of township trustees of a township to acquire agricultural 18,101
easements, as defined in section 5301.67 of the Revised Code, and 18,103
to supervise and enforce the easements. 18,104
The resolution shall be confined to the purpose or purposes 18,106
described in one division of this section, to which the revenue 18,107
derived therefrom shall be applied. The existence in any other 18,108
division of this section of authority to levy a tax for any part 18,109
or all of the same purpose or purposes does not preclude the use 18,110
of such revenues for any part of the purpose or purposes of the 18,111
division under which the resolution is adopted. 18,112
The resolution shall specify the amount of the increase in 18,114
rate that it is necessary to levy, the purpose thereof, and the 18,115
number of years during which the increase in rate shall be in 18,116
effect, which may or may not include a levy upon the duplicate of 18,117
the current year. The number of years may be any number not 18,118
exceeding five, except as follows: 18,119
(1) When the additional rate is for the payment of debt 18,121
charges, the increased rate shall be for the life of the 18,122
indebtedness. 18,123
(2) When the additional rate is for any of the following, 18,125
the increased rate shall be for a continuing period of time: 18,126
(a) For the current expenses for a detention home 18,128
district, a district organized under section 2151.65 of the 18,129
Revised Code, or a combined district organized under sections 18,130
2151.34 and 2151.65 of the Revised Code; 18,131
411
(b) For providing a county's share of the cost of 18,133
maintaining and operating schools, district detention homes, 18,134
forestry camps, or other facilities, or any combination thereof, 18,135
established under section 2151.34 or 2151.65 of the Revised Code 18,136
or under both of those sections. 18,137
(3) When the additional rate is for any of the following, 18,139
the increased rate may be for a continuing period of time: 18,140
(a) For the purposes set forth in division (I), (J), (U), 18,142
or (KK) of this section; 18,143
(b) For the maintenance and operation of a joint 18,145
recreation district; 18,146
(c) A levy imposed by a township for the purposes set 18,148
forth in division (G) of this section. 18,149
(4) When the increase is for the purpose set forth in 18,151
division (D) or (CC) of this section or for both of the purposes 18,152
set forth in divisions (G) and (OO) of this section, the tax levy 18,153
may be for any specified number of years or for a continuing 18,155
period of time, as set forth in the resolution. 18,156
(5) When the additional rate is for the purpose described 18,158
in division (Z) of this section, the increased rate shall be for 18,159
any number of years not exceeding ten. 18,160
A levy for the purposes set forth in division (I), (J), or 18,162
(U) of this section, and a levy imposed by a township for the 18,163
purposes set forth in division (G) of this section, may be 18,164
reduced pursuant to section 5705.261 or 5705.31 of the Revised 18,165
Code. A levy for the purposes set forth in division (I), (J), or 18,166
(U) of this section, and a levy imposed by a township for the 18,167
purposes set forth in division (G) of this section, may also be 18,168
terminated or permanently reduced by the taxing authority if it 18,169
adopts a resolution stating that the continuance of the levy is 18,170
unnecessary and the levy shall be terminated or that the millage 18,171
is excessive and the levy shall be decreased by a designated 18,172
amount. 18,173
A resolution of a detention home district, a district 18,175
412
organized under section 2151.65 of the Revised Code, or a 18,176
combined district organized under both sections 2151.34 and 18,177
2151.65 of the Revised Code may include both current expenses and 18,178
other purposes, provided that the resolution shall apportion the 18,179
annual rate of levy between the current expenses and other 18,180
purpose or purposes. The apportionment need not be the same for 18,181
each year of the levy, but the respective portions of the rate 18,182
actually levied each year for the current expenses and the other 18,183
purpose or purposes shall be limited by the apportionment. 18,184
Whenever a board of county commissioners, acting either as 18,186
the taxing authority of its county or as the taxing authority of 18,187
a sewer district or subdistrict created under Chapter 6117. of 18,188
the Revised Code, by resolution declares it necessary to levy a 18,189
tax in excess of the ten-mill limitation for the purpose of 18,190
constructing, improving, or extending sewage disposal plants or 18,191
sewage systems, the tax may be in effect for any number of years 18,192
not exceeding twenty, and the proceeds thereof, notwithstanding 18,193
the general provisions of this section, may be used to pay debt 18,194
charges on any obligations issued and outstanding on behalf of 18,195
the subdivision for the purposes enumerated in this paragraph, 18,196
provided that any such obligations have been specifically 18,197
described in the resolution. 18,198
The resolution shall go into immediate effect upon its 18,200
passage, and no publication of the resolution is necessary other 18,201
than that provided for in the notice of election. 18,202
When the electors of a subdivision have approved a tax levy 18,204
under this section, the taxing authority of the subdivision may 18,205
anticipate a fraction of the proceeds of the levy and issue 18,206
anticipation notes in accordance with section 5705.191 or 18,207
5705.193 of the Revised Code. 18,208
Sec. 5731.09. (A) Except as provided in division (B) of 18,218
this section, the value of the gross estate includes the value of 18,219
an annuity or other payment receivable by a beneficiary by reason 18,220
of surviving the decedent under any form of contract or agreement 18,221
413
under which an annuity or similar payment was payable to the 18,222
decedent, or the decedent possessed the right to receive such 18,223
annuity or payment, either alone or in conjunction with another, 18,224
for the decedent's life or for any period not ascertainable 18,225
without reference to the decedent's death, or for any period 18,226
which does not in fact end before the decedent's death. 18,227
However, the value of the gross estate includes only such 18,229
part of the value of the annuity or other payment receivable 18,230
under the contract or agreement as is proportionate to that part 18,231
of the purchase price of the contract or agreement contributed by 18,232
the decedent. The value of the gross estate does not include the 18,234
part of the value of the annuity or other payment as is
proportionate to the part of the purchase price of the contract 18,235
or agreement contributed by the employer or former employer of 18,236
the decedent, whether to an employee's trust or fund forming part 18,237
of a pension, annuity, retirement, bonus, or profit-sharing plan 18,238
or otherwise, if the contributions were made by reason of the 18,239
decedent's employment.
(B) The value of the gross estate does not include the 18,241
value of a pension or annuity accruing to any person under 18,243
federal employment, including service in the armed forces, or the 18,244
value of an annuity or other payment from the OHIO police and 18,245
firemen's disability and FIRE pension fund created by section 18,246
742.02 of the Revised Code, the firemen and policemen's OHIO 18,247
PUBLIC SAFETY OFFICERS death benefit fund created by section 18,249
742.62 of the Revised Code, the state highway patrol retirement 18,250
system created by section 5505.02 of the Revised Code, the public 18,251
employees retirement system created by section 145.03 of the 18,252
Revised Code, the state teachers retirement system created by 18,253
section 3307.03 of the Revised Code, and the school employees 18,254
retirement system created by section 3309.03 of the Revised Code. 18,255
Sec. 5747.071. (A) As used in this section: 18,264
(1) "Retirement system" means the public employees 18,266
retirement system, state teachers retirement system, school 18,267
414
employees retirement system, OHIO police and firemen's disability 18,269
and FIRE pension fund, state highway patrol retirement system, 18,270
and any municipal retirement system. 18,271
(2) "Benefits" means all annuities, allowances, pensions, 18,273
and other benefits paid by a retirement system. 18,274
(3) "Recipient" means any person receiving benefits from a 18,276
retirement system. 18,277
(B) Any recipient may request his THE RECIPIENT'S 18,279
retirement system to deduct and withhold from his THE RECIPIENT'S 18,281
benefits an amount during the calendar year reasonably estimated 18,283
to be equal to the tax due from the recipient under this chapter 18,284
for the year with respect to his THE RECIPIENT'S benefits from 18,285
the retirement system that are included in his THE RECIPIENT'S 18,286
adjusted gross income. The request shall be made pursuant to an 18,288
application filed with the retirement system, on a form the
system shall supply, and shall include the estimate of the 18,289
recipient of the amount of state income taxes that will be due in 18,290
the ensuing calendar year with respect to the benefits from the 18,291
retirement system. 18,292
(C) A retirement system with which an application is filed 18,294
under this section, commencing with the calendar year following 18,295
the year in which the application is filed, shall withhold from 18,296
the benefits of the recipient an amount that equals for the 18,297
calendar year, the amount of taxes that the recipient estimated 18,298
would be due for the year. The amount to be withheld for a 18,299
calendar year shall be apportioned throughout the calendar year. 18,300
(D) A recipient may submit an amended application to 18,302
increase or decrease the amount that will be withheld by the 18,303
retirement system in an ensuing year. 18,304
(E) A retirement system that withholds a portion of the 18,306
benefits of a recipient under this section shall file returns and 18,307
pay the amounts withheld in accordance with the requirements of 18,308
section 5747.07 of the Revised Code. 18,309
(F) Every retirement system required to deduct and 18,311
415
withhold tax from benefits pursuant to this section shall furnish 18,312
to the recipient, with respect to the benefits paid to him THE 18,313
RECIPIENT during the calendar year, on or before the thirty-first 18,314
day of January of the succeeding year, a written statement 18,315
showing the amount of benefits deducted and withheld as state 18,316
income tax, and such other information as the tax commissioner 18,317
requires.
(G) A retirement system may adopt rules governing 18,319
withholding under this section. 18,320
Sec. 6121.15. All water development revenue bonds issued 18,329
under this chapter are lawful investments of banks, societies for 18,330
savings, savings and loan associations, deposit guarantee 18,331
associations, trust companies, trustees, fiduciaries, insurance 18,332
companies, including domestic for life and domestic not for life, 18,333
trustees or other officers having charge of sinking and bond 18,334
retirement or other special funds of political subdivisions and
taxing districts of this state, the commissioners of the sinking 18,335
fund of the state, the administrator of workers' compensation, 18,336
the state teachers retirement system, the public employees 18,337
retirement system, the public school employees retirement system, 18,339
and the OHIO police and firemen's disability and FIRE pension 18,341
fund, and are acceptable as security for the deposit of public 18,342
moneys.
Sec. 6123.15. All development revenue bonds issued under 18,351
this chapter are lawful investments of banks, societies for 18,352
savings, savings and loan associations, deposit guarantee 18,353
associations, trust companies, trustees, fiduciaries, insurance 18,354
companies, including domestic for life and domestic not for life, 18,355
trustees or other officers having charge of sinking and bond
retirement or other special funds of political subdivisions and 18,356
taxing districts of this state, the commissioners of the sinking 18,357
fund of the state, the administrator of workers' compensation, 18,358
the state teachers retirement system, the public employees 18,359
retirement system, the school employees retirement system, and 18,360
416
the OHIO police and firemen's disability and FIRE pension fund, 18,361
and are acceptable as security for the deposit of public moneys. 18,362
Section 2. That existing sections 9.82, 124.41, 124.42, 18,364
133.03, 133.05, 145.01, 145.012, 145.02, 145.293, 145.295, 18,365
145.30, 145.31, 145.38, 145.58, 145.581, 146.01, 154.13, 164.09, 18,366
165.08, 166.08, 171.01, 171.03, 171.05, 175.09, 306.09, 306.85, 18,367
351.11, 505.38, 709.012, 717.07, 737.15, 737.16, 737.22, 742.01, 18,368
742.02, 742.03, 742.04, 742.05, 742.06, 742.07, 742.08, 742.09, 18,369
742.10, 742.11, 742.111, 742.112, 742.12, 742.13, 742.14, 742.15, 18,370
742.16, 742.22, 742.221, 742.23, 742.24, 742.25, 742.251, 742.26, 18,371
742.27, 742.30, 742.301, 742.31, 742.311, 742.32, 742.33, 742.34, 18,373
742.35, 742.36, 742.361, 742.362, 742.37, 742.371, 742.372, 18,374
742.373, 742.374, 742.375, 742.376, 742.379, 742.3711, 742.3712, 18,375
742.3713, 742.3714, 742.3715, 742.3716, 742.3717, 742.3718, 18,376
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, 18,377
742.51, 742.511, 742.512, 742.513, 742.514, 742.515, 742.516, 18,378
742.52, 742.521, 742.53, 742.55, 742.56, 742.57, 742.58, 742.59, 18,379
742.60, 742.61, 742.62, 742.63, 902.10, 1555.08, 1557.03, 18,380
2329.66, 2907.15, 2921.41, 3111.20, 3113.21, 3307.28, 3307.32, 18,381
3307.33, 3307.381, 3307.412, 3307.74, 3309.26, 3309.31, 3309.341, 18,382
3309.351, 3309.69, 3318.26, 3345.12, 3366.04, 3377.11, 3706.14, 18,383
3729.01, 3737.947, 4582.44, 4981.15, 4981.19, 5505.161, 5505.201, 18,384
5505.28, 5528.54, 5531.10, 5537.08, 5540.06, 5705.19, 5731.09, 18,385
5747.071, 6121.15, and 6123.15 of the Revised Code are hereby 18,386
repealed.
Section 3. (A) Whenever the Police and Firemen's 18,388
Disability and Pension Fund is referred to in any law, contract, 18,389
or other document, the reference is hereby deemed to refer to the 18,390
Ohio Police and Fire Pension Fund.
(B) Whenever the Firemen's Contribution Fund is referred 18,392
to in any law, contract, or other document, the reference is 18,393
hereby deemed to refer to the Firefighters' Contribution Fund. 18,394
(C) Whenever the Firemen Employers' Contribution Fund is 18,396
417
referred to in any law, contract, or other document, the 18,397
reference is hereby deemed to refer to the Firefighter Employers' 18,398
Contribution Fund.
(D) Whenever the Firemen's Pension Reserve Fund is 18,400
referred to in any law, contract, or other document, the 18,401
reference is hereby deemed to refer to the Firefighters' Pension 18,402
Reserve Fund.
(E) Whenever the Policemen's Contribution Fund is referred 18,404
to in any law, contract, or other document, the reference is 18,405
hereby deemed to refer to the Police Officers' Contribution Fund. 18,406
(F) Whenever the Policemen Employers' Contribution Fund is 18,408
referred to in any law, contract, or other document, the 18,409
reference is hereby deemed to refer to the Police Officer 18,410
Employers' Contribution Fund.
(G) Whenever the Policemen's Pension Reserve Fund is 18,412
referred to in any law, contract, or other document, the 18,413
reference is hereby deemed to refer to the Police Officers' 18,414
Pension Reserve Fund.
(H) Whenever the Firemen and Policemen's Death Benefit 18,416
Fund is referred to in any law, contract, or other document, the 18,417
reference is hereby deemed to refer to the Ohio Public Safety 18,418
Officers Death Benefit Fund.
Section 4. Section 166.08 of the Revised Code is presented 18,420
in this act as a composite of the section as amended by both Am. 18,421
Sub. H.B. 538 and Am. Sub. S.B. 310 of the 121st General 18,423
Assembly, with the new language of neither of the acts shown in 18,424
capital letters. Section 306.09 of the Revised Code is presented 18,425
in this act as a composite of the section as amended by both Am. 18,427
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. 18,429
Section 742.311 of the Revised Code is presented in this act as a 18,431
composite of the section as amended by both Sub. H.B. 670 and Am. 18,432
Sub. S.B. 82 of the 121st General Assembly, with the new language 18,433
of neither of the acts shown in capital letters. Section 742.41 18,435
418
of the Revised Code is presented in this act as a composite of 18,436
the section as amended by both Am. Sub. H.B. 627 and Am. Sub. 18,437
H.B. 668 of the 121st General Assembly, with the new language of 18,438
neither of the acts shown in capital letters. Section 2329.66 of 18,439
the Revised Code is presented in this act as a composite of the 18,440
section as amended by both Am. Sub. H.B. 108 and Am. Sub. S.B. 18,441
170 of the 122nd General Assembly, with the new language of 18,442
neither of the acts shown in capital letters. This is in 18,443
recognition of the principle stated in division (B) of section 18,444
1.52 of the Revised Code that such amendments are to be 18,445
harmonized where not substantively irreconcilable and constitutes 18,446
a legislative finding that such is the resulting version in 18,447
effect prior to the effective date of this act. 18,448