As Reported by House Health, Retirement, & Aging Committee      1            

123rd General Assembly                                             4            

   Regular Session                           Sub. H. B. No. 275    5            

      1999-2000                                                    6            


     REPRESENTATIVES VESPER-SULZER-WINKLER-BOYD-MAIER-JERSE-       8            

      HARTNETT-METELSKY-WILLAMOWSKI-BARRETT-O'BRIEN-CLANCY-        10           

     D. MILLER-PATTON-PADGETT-BEATTY-SCHULER-DePIERO-YOUNG-                     

   KRUPINSKI-HOUSEHOLDER-CALLENDER-BENDER-PRINGLE-TERWILLEGER-     11           

 OGG-SCHURING-FLANNERY-JOLIVETTE-ROMAN-ALLEN-FERDERBER-SULLIVAN-   12           

   EVANS-OPFER-VERICH-FORD-TAYLOR-PATTON-BRADING-BARNES-SMITH-     14           

               VAN VYVEN-GRENDELL-ASLANIDES-OLMAN                               


_________________________________________________________________   15           

                          A   B I L L                                           

             To amend sections 742.37, 742.3711, 742.3715,         17           

                742.3717, and 742.3718 of the Revised Code to      20           

                increase benefits paid to certain surviving                     

                spouses of members of the Ohio Police and Fire     22           

                Pension Fund (OPFPF) and to eliminate the          23           

                eligibility limits for cost-of-living allowances   24           

                that apply to certain OPFPF members.               25           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That sections 742.37, 742.3711, 742.3715,        29           

742.3717, and 742.3718 of the Revised Code be amended to read as   32           

follows:                                                                        

      Sec. 742.37.  The board of trustees of the Ohio police and   41           

fire pension fund shall adopt rules for the management of the      44           

fund and for the disbursement of benefits and pensions as set      45           

forth in this section and section 742.39 of the Revised Code.      46           

Any payment of a benefit or pension under this section is subject  48           

to the provisions of section 742.461 of the Revised Code.          49           

Notwithstanding any other provision of this section, no pension    50           

or benefit paid or determined under division (B) or (C) of this    51           

section or section 742.39 of the Revised Code shall exceed the     53           

                                                          2      


                                                                 
limit established by section 415 of the "Internal Revenue Code of  54           

1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.                             

      (A)  Persons who were receiving benefit or pension payments  56           

from a police relief and pension fund established under former     57           

section 741.32 of the Revised Code, or from a firemen's relief     58           

and pension fund established under former section 521.02 or        60           

741.02 of the Revised Code, at the time the assets of the fund     62           

were transferred to the Ohio police and fire pension fund, known   63           

at that time as the police and firemen's disability and pension    65           

fund, shall receive benefit and pension payments from the Ohio     66           

police and fire pension fund in the same amount and subject to     69           

the same conditions as such payments were being made from the      71           

former fund on the date of the transfer.                           72           

      (B)  A member of the fund who, pursuant to law, elected to   74           

receive benefits and pensions from a police relief and pension     75           

fund established under former section 741.32 of the Revised Code,  77           

or from a firemen's relief and pension fund established under      79           

former section 741.02 of the Revised Code, in accordance with the  80           

rules of the fund governing the granting of benefits or pensions   82           

therefrom in force on April 1, 1947, shall receive benefits and    83           

pensions from the Ohio police and fire pension fund in accordance  85           

with such rules; provided, that any member of the fund who is not  86           

receiving a benefit or pension from the fund on August 12, 1975,   87           

may, upon application for a benefit or pension to be received on   88           

or after August 12, 1975, elect to receive a benefit or pension    89           

in accordance with division (C) of this section.                   90           

      (C)  Members of the fund who have not elected to receive     92           

benefits and pensions from a police relief and pension fund or a   93           

firemen's relief and pension fund in accordance with the rules of  95           

the fund in force on April 1, 1947, shall receive pensions and     97           

benefits in accordance with the following provisions:                           

      (1)  A member of the fund who has completed twenty-five      99           

years of active service in a police or fire department and has     100          

attained forty-eight years of age may, at the member's election,   102          

                                                          3      


                                                                 
retire from the police or fire department, and upon notifying the  103          

board in writing of the election, shall receive an annual          104          

pension, payable in twelve monthly installments, in an amount      106          

equal to a percentage of the member's average annual salary.  The  107          

percentage shall be the sum of two and one-half per cent for each  109          

of the first twenty years the member was in the active service of  110          

the department, plus two per cent for each of the twenty-first to  112          

twenty-fifth years the member was in the active service of the     113          

department, plus one and one-half per cent for each year in        115          

excess of twenty-five years the member was in the active service   116          

of the department.  The annual pension shall not exceed            117          

seventy-two per cent of the member's average annual salary.        118          

      A member who completed twenty-five years of active service,  121          

has resigned or been discharged, and has left the sum deducted     123          

from the member's salary on deposit in the pension fund shall,     124          

upon attaining forty-eight years of age, be entitled to receive a  126          

normal service pension benefit computed and paid under division    127          

(C)(1) of this section.                                                         

      (2)  A member of the fund who has served fifteen or more     129          

years as an active member of a police or fire department and who   130          

voluntarily resigns or is discharged from the department for any   132          

reason other than dishonesty, cowardice, intemperate habits, or    133          

conviction of a felony, shall receive an annual pension, payable   134          

in twelve monthly installments, in an amount equal to one and      135          

one-half per cent of the member's average annual salary            136          

multiplied by the number of full years the member was in the       138          

active service of the department.  The pension payments shall not  139          

commence until the member has attained the age of forty-eight      141          

years and until twenty-five years have elapsed from the date on    142          

which the member became a full-time regular police officer or      144          

firefighter in the department.                                     145          

      (3)  A member of the fund who has completed fifteen or more  147          

years of active service in a police or fire department and who     148          

has attained sixty-two years of age, may retire from the           149          

                                                          4      


                                                                 
department and, upon notifying the board in writing of the         150          

election to retire, shall receive an annual pension, payable in    151          

twelve monthly installments, in an amount equal to a percentage    152          

of the member's average annual salary.  The percentage shall be    154          

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,      156          

plus two per cent for each of the twenty-first to twenty-fifth     158          

years the member was in the active service of the department,      160          

plus one and one-half per cent for each year in excess of          162          

twenty-five years the member was in the active service of the      164          

department.  The annual pension shall not exceed seventy-two per   166          

cent of the member's average annual salary.                        167          

      (4)  With the exception of those persons who may make        169          

application for benefits as provided in section 742.26 of the      171          

Revised Code, no person receiving a pension or other benefit       172          

under division (C) of this section on or after July 24, 1986,      173          

shall be entitled to apply for any new, changed, or different      174          

benefit.                                                                        

      If a member covered by division (C) of this section or       176          

section 742.38 of the Revised Code dies prior to the time the      178          

member has received a payment and leaves a surviving spouse or     180          

dependent child, the surviving spouse or dependent child shall     181          

receive a pension under division (D) or (E) of this section.       182          

      (D)(1)  Except as provided in division (D)(2) of this        185          

section, a surviving spouse of a deceased member of the fund                    

shall receive a monthly pension as follows:                        187          

      (a)  For the period beginning July 1, 1999, and ending June  191          

30, 2000, five hundred fifty dollars;                              192          

      (b)  For the period beginning July 1, 2000, and the first    195          

day of July of each year thereafter and continuing for the         197          

following twelve months, an amount equal to the monthly amount     198          

paid during the prior twelve-month period plus an amount           199          

determined by multiplying five hundred fifty dollars by the        201          

average percentage change in the consumer price index, not         202          

                                                          5      


                                                                 
exceeding three per cent, as determined each year by the board     203          

under section 742.3716 of the Revised Code.                        205          

      (2)  A surviving spouse of a deceased member of the fund     207          

shall receive a monthly pension of four hundred ten dollars if     209          

one of the following is the case:                                  210          

      (a)  At the time of death, the deceased member had been      213          

awarded a pension under this chapter based on age and service;     214          

      (b)  The THE surviving spouse is eligible for a benefit      217          

under section 742.3714 or division (B) or (D) of section 742.63    218          

of the Revised Code.  If the surviving spouse ceases to be         219          

eligible for a benefit under division (B) or (D) of section        220          

742.63 of the Revised Code, the pension shall be increased,        223          

effective the first day of the first month following the day on    224          

which the surviving spouse ceases to be eligible for the benefit,               

to the amount it would be under division (D)(1) of this section    225          

had the spouse never been eligible for a benefit under division    227          

(B) or (D) of section 742.63 of the Revised Code.                  230          

      (3)  A pension paid under this division shall continue       233          

during the natural life of the surviving spouse.  Benefits to a    235          

deceased member's surviving spouse that were terminated under a    237          

former version of this section that required termination due to    238          

remarriage and were not resumed prior to September 16, 1998,       240          

shall resume on the first day of the month immediately following   241          

receipt by the board of an application on a form provided by the   242          

board.                                                                          

      (E)  Each surviving child of a deceased member of the fund   245          

shall receive a monthly pension of one hundred fifty dollars       247          

until the child attains the age of eighteen years, or marries,     249          

whichever event occurs first.  A pension under this division,      251          

however, shall continue to be payable to a child under age         252          

twenty-two who is a student in and attending an institution of     253          

learning or training pursuant to a program designed to complete    254          

in each school year the equivalent of at least two-thirds of the   255          

full-time curriculum requirements of the institution, as           256          

                                                          6      


                                                                 
determined by the board.  If any surviving child, regardless of    259          

age at the time of the member's death, because of physical or      260          

mental disability, is totally dependent upon the deceased member   262          

for support at the time of death, the child shall receive a        263          

monthly pension under this division during the child's natural     266          

life or until the child has recovered from the disability.         267          

      (F)  If a deceased member of the fund leaves no surviving    269          

spouse or surviving children, but leaves two parents dependent     270          

upon the deceased member for support, each parent shall be paid a  272          

monthly pension of one hundred dollars.  If there is only one      273          

parent dependent upon the member for support, the parent shall be  275          

paid a monthly pension of two hundred dollars.  The pensions       277          

provided for in this division shall be paid during the natural                  

life of the surviving parents, or until dependency ceases, or      278          

until remarriage, whichever event occurs first.                    279          

      (G)  Subject to the provisions of section 742.461 of the     281          

Revised Code, a member of the fund who voluntarily resigns or is   283          

removed from active service in a police or fire department is      284          

entitled to receive an amount equal to the sums deducted from the  285          

member's salary and credited to the member's account in the fund,  286          

except that a member receiving a disability benefit or service     287          

pension is not entitled to receive any return of contributions to  288          

the fund.                                                                       

      (H)  On and after January 1, 1970, all pensions shall be     290          

increased in accordance with the following provisions:             291          

      (1)  A member of the fund who retired prior to January 1,    293          

1967, has attained age sixty-five on January 1, 1970, and was      294          

receiving a pension on December 31, 1969, pursuant to division     295          

(B) or (C)(1) of this section or former division (C)(2), (3),      297          

(4), or (5) of this section, shall have the pension increased by   298          

ten per cent.                                                                   

      (2)  The monthly pension payable to eligible surviving       300          

spouses under division (D) of this section shall be increased by   301          

forty dollars for each surviving spouse receiving a pension on     302          

                                                          7      


                                                                 
December 31, 1969.                                                 303          

      (3)  The monthly pension payable to each eligible child      305          

under division (E) of this section shall be increased by ten       306          

dollars for each child receiving a pension on December 31, 1969.   307          

      (4)  The monthly pension payable to each eligible dependent  309          

parent under division (F) of this section shall be increased by    310          

thirty dollars for each parent receiving a pension on December     311          

31, 1969.                                                          312          

      (5)  A member of the fund, including a survivor of a         314          

member, who is receiving a pension in accordance with the rules    315          

governing the granting of pensions and benefits in force on April  316          

1, 1947, that provide an increase in the original pension from     318          

time to time pursuant to changes in the salaries of active         319          

members, shall not be eligible for the benefits provided in this   320          

division.                                                          321          

      (I)  On and after January 1, 1977, a member of the fund who  323          

was receiving a pension or benefit on December 31, 1973, under     324          

division (A), (B), (C)(1), or former division (C)(2) or (7) of     326          

this section shall have the pension or benefit increased as        327          

follows:                                                                        

      (1)  If the member's annual pension or benefit is less than  329          

two thousand seven hundred dollars, it shall be increased to       331          

three thousand dollars.                                            332          

      (2)  If the member's annual pension or benefit is two        334          

thousand seven hundred dollars or more, it shall be increased by   336          

three hundred dollars.                                             337          

      The following shall not be eligible to receive increased     339          

pensions or benefits as provided in this division:                 340          

      (a)  A member of the fund who is receiving a pension or      342          

benefit in accordance with the rules in force on April 1, 1947,    343          

governing the granting of pensions and benefits, which provide an  344          

increase in the original pension or benefit from time to time      345          

pursuant to changes in the salaries of active members;             346          

      (b)  A member of the fund who is receiving a pension or      348          

                                                          8      


                                                                 
benefit under division (A) or (B) of this section, based on        349          

funded volunteer or funded part-time service, or off-duty          350          

disability, or partial on-duty disability, or early vested         351          

service;                                                           352          

      (c)  A member of the fund who is receiving a pension under   354          

division (C)(1) of this section, based on funded volunteer or      355          

funded part-time service.                                          356          

      (J)  On and after July 1, 1977, a member of the fund who     358          

was receiving an annual pension or benefit on December 31, 1973,   359          

pursuant to division (B) of this section, based upon partial       360          

disability, off-duty disability, or early vested service, or       361          

pursuant to former division (C)(3), (5), or (6) of this section,   362          

shall have such annual pension or benefit increased by three       363          

hundred dollars.                                                   364          

      The following are not eligible to receive the increase       366          

provided by this division:                                         367          

      (1)  A member of the fund who is receiving a pension or      369          

benefit in accordance with the rules in force on April 1, 1947,    370          

governing the granting of pensions and benefits, which provide an  371          

increase in the original pension or benefit from time to time      372          

pursuant to changes in the salaries of active members;             373          

      (2)  A member of the fund who is receiving a pension or      375          

benefit under division (B) or (C)(2) of this section or former     377          

division (C)(3), (5), or (6) of this section based on volunteer    378          

or part-time service.                                                           

      (K)(1)  Except as otherwise provided in this division,       380          

every person who on July 24, 1986, is receiving an age and         381          

service or disability pension, allowance, or benefit pursuant to   382          

this chapter in an amount less than thirteen thousand dollars a    383          

year that is based upon an award made effective prior to February  384          

28, 1984, shall receive an increase of six hundred dollars a year  385          

or the amount necessary to increase the pension or benefit to      386          

four thousand two hundred dollars after all adjustments required   387          

by this section, whichever is greater.                             388          

                                                          9      


                                                                 
      (2)  Division (K)(1) of this section does not apply to the   390          

following:                                                         391          

      (a)  A member of the fund who is receiving a pension or      393          

benefit in accordance with rules in force on April 1, 1947, that   394          

govern the granting of pensions and benefits and that provide an   395          

increase in the original pension or benefit from time to time      396          

pursuant to changes in the salaries of active members;             397          

      (b)  A member of the fund who is receiving a pension or      399          

benefit based on funded volunteer or funded part-time service.     400          

      (L)  On and after July 24, 1986:                             402          

      (1)  The pension of each person receiving a pension under    404          

division (D) of this section on July 24, 1986, shall be increased  405          

to three hundred ten dollars per month.                            406          

      (2)  The pension of each person receiving a pension under    408          

division (E) of this section on July 24, 1986, shall be increased  409          

to ninety-three dollars per month.                                 410          

      Sec. 742.3711.  (A)  On application for retirement as        419          

provided in section 742.37 of the Revised Code, a member of the    420          

fund may elect to receive a retirement allowance payable           421          

throughout the member's life, or may elect, on the application     423          

for retirement, to receive the actuarial equivalent of the         424          

member's retirement allowance in a lesser amount payable for life  426          

and continuing after death to a surviving designated beneficiary   427          

under one of the following optional plans, provided the amount     428          

payable to the beneficiary shall not exceed the amount payable to  429          

the retiring member of the fund, and is certified by the actuary   430          

engaged by the board of trustees of the Ohio police and fire       431          

pension fund to be the actuarial equivalent of the member's        432          

retirement allowance and is approved by the board.                 433          

      (1)  Option 1.  The member's lesser retirement allowance     435          

shall be paid for life to the sole beneficiary designated at the   437          

time of the member's retirement.                                   438          

      (2)  Option 2.  One-half or some other portion of the        440          

member's lesser retirement allowance shall be paid for life to     442          

                                                          10     


                                                                 
the sole beneficiary designated at the time of the member's        444          

retirement.                                                        445          

      (3)  Option 3.  Upon the member's death before the           447          

expiration of a certain period from the retirement date and        449          

elected by the member and approved by the retirement board, the    451          

member's lesser retirement allowance shall be continued for the    452          

remainder of that period to the beneficiary the member has         454          

nominated by written designation and filed with the retirement     456          

board.                                                                          

      Should the nominated beneficiary designated in writing       458          

become deceased prior to the expiration of the guarantee period,   459          

then for the purpose of completing payment for the remainder of    460          

the guarantee period, the present value of such payments shall be  461          

paid to the estate of the beneficiary last receiving.              462          

      (B)(1)  On or after February 28, 1980, the death of a        464          

spouse nominated as beneficiary or the death of any other          465          

nominated beneficiary following retirement shall cancel any        466          

optional plan of payment to provide continuing lifetime benefits   467          

to such nominated beneficiary and return the member of the fund    468          

to the member's single lifetime benefit equivalent, as determined  470          

by the board, to be effective the month following receipt by the   471          

board of notice of the death.                                      472          

      (2)  On divorce, annulment, or marriage dissolution, a       474          

member receiving a retirement allowance under a plan that          475          

provides for continuation of all or part of the allowance after    476          

death for the lifetime of the member's surviving spouse may, with  478          

the written consent of the spouse or pursuant to an order of the   479          

court with jurisdiction over the termination of the marriage,      480          

elect to cancel the plan and receive the member's single lifetime  482          

benefit equivalent as determined by the board.  The election       483          

shall be made on a form provided by the board and shall be         484          

effective the month following its receipt by the board.            485          

      (C)  Following marriage or remarriage, a member of the fund  487          

may elect not later than one year after the date of marriage or    488          

                                                          11     


                                                                 
remarriage a new optional plan of payment based on the actuarial   489          

equivalent of the member's single lifetime benefit as determined   491          

by the board.  The plan and the member's lesser retirement         492          

allowance shall become effective on the date the election is made  493          

on a form approved by the board.                                   494          

      (D)(1)  Unless one of the following occurs, an application   496          

for retirement by a married person shall be considered an          497          

election of a benefit under option 2 as provided for in division   498          

(A)(2) of this section under which one-half of the lesser          499          

retirement allowance payable during the life of the retirant will  500          

be paid after death to the retirant's spouse for life as sole      502          

beneficiary:                                                                    

      (a)  The retirant selects an optional plan under division    504          

(A) of this section providing for payment after death to the       506          

retirant's spouse for life as sole beneficiary of more than        507          

one-half of the lesser retirement allowance payable during the     508          

life of the retirant;                                              509          

      (b)  The retirant submits to the retirement board a written  511          

statement signed by the spouse attesting that the spouse consents  512          

to the retirant's election to receive a single lifetime            514          

retirement allowance or a payment under an optional benefit plan   515          

under which after the death of the retirant the surviving spouse   516          

will receive less than one-half of the lesser retirement           517          

allowance payable during the life of the retirant.                 518          

      (2)  An application for retirement shall include an          521          

explanation of all of the following:                               522          

      (a)  That, if the member is married, unless the spouse       525          

consents to another plan of payment, the member's retirement       526          

allowance will be paid under "option 2" and consist of the         527          

actuarial equivalent of the member's retirement allowance in a     528          

lesser amount payable for life and one-half of the lesser          529          

allowance continuing after death to the surviving spouse for the                

life of the spouse;                                                530          

      (b)  A description of the alternative plans of payment       533          

                                                          12     


                                                                 
available with the consent of the spouse;                                       

      (c)  That the spouse may consent to another plan of payment  536          

and the procedure for giving consent;                                           

      (d)  That consent is irrevocable once notice of consent is   538          

filed with the board.                                              539          

      Consent shall be valid only if it is signed, in writing,     542          

and witnessed by an employee of the board or a notary public.      543          

      (3)  If the retirant does not select an optional plan as     545          

described in division (D)(1)(a) of this section and the board      546          

does not receive the written statement provided for in division    547          

(D)(1)(b) of this section, it shall determine and pay the          549          

retirement allowance in accordance with division (A)(2) of this    550          

section, except that the board may provide by rule for waiver by   551          

the board of the statement and payment of the allowance other      552          

than in accordance with division (A)(2) of this section if the     553          

retirant is unable to obtain the statement due to absence or       554          

incapacity of the spouse or other cause specified by the board.    555          

      (E)  A member of the fund who has elected an optional plan   557          

under this section or section 742.3715 of the Revised Code may,    558          

with the consent of the designated beneficiary, cancel the         559          

optional plan and receive the retirement allowance payable         560          

throughout life the member would have received had the member not  562          

elected the optional plan, if the member makes a request to        563          

cancel the optional plan not later than one year after the later   565          

of September 9, 1988, or the date on which the member first        566          

receives a payment under this section or section 742.3715 of the   567          

Revised Code.  Cancellation of the optional plan shall be          568          

effective the month after acceptance of the request by the         569          

trustees of the fund.  No payment or adjustment shall be made in   570          

the retirement allowance payable throughout the member's life to   571          

compensate for the lesser allowance the member received under the  572          

optional plan.                                                                  

      The request to cancel the optional plan shall be made on a   574          

form provided by the fund and shall be valid only if the           575          

                                                          13     


                                                                 
completed form includes a signed statement of the designated       576          

beneficiary's understanding of and consent to the cancellation.    577          

The signature shall be verified by the trustees of the fund prior  578          

to their acceptance of the cancellation.                           579          

      (F)  Any option elected and payments made under this         581          

section shall be in addition to any benefit payable under          582          

divisions (D), (E), and (F) of section 742.37 of the Revised       583          

Code.                                                              584          

      (G)(1)  Except as otherwise provided in this division, a A   586          

person is eligible to receive an additional A benefit INCREASE     588          

under this division if the person is receiving a retirement        589          

allowance or benefit under an optional plan elected under this     591          

section or section 742.3715 of the Revised Code based on an award  592          

made prior to July 24, 1986, and it is the case that, had the      593          

member who elected the optional plan elected instead to receive a  594          

retirement allowance payable throughout the member's life, the     595          

amount of that retirement allowance would be less than the amount  597          

specified in division (G)(2) of this section.  A person is not     598          

eligible to receive an additional benefit INCREASE under this      599          

section DIVISION if the person is receiving a pension or benefit   602          

in accordance with rules in force on April 1, 1947, that govern    603          

the granting of pensions and benefits and that provide an          604          

increase in the original pension or benefit from time to time      605          

pursuant to changes in the salaries of active members.                          

      (2)  In 1988, the amount used to determine eligibility       607          

under division (G)(1) of this section shall be eighteen thousand   608          

dollars.  Each year thereafter, the amount shall be the prior      609          

year's amount plus five hundred dollars.                           610          

      (3)  On or before the fifteenth day of April of each year,   612          

the board shall determine the average percentage change in the     613          

consumer price index prepared by the United States bureau of       614          

labor statistics (U.S. city average for urban wage earners and     615          

clerical workers:  "all items 1982-84=100") for the twelve-month   617          

period prior to the first day of January over the next preceding   618          

                                                          14     


                                                                 
twelve-calendar-month period, as reported by the bureau.  On a     619          

determination by the board that this change is an increase or      621          

that the change plus the accumulation described in THIS division   623          

(G)(3) of this section is an increase, the board shall increase    625          

all benefits payable under this section or section 742.3715 of     626          

the Revised Code to eligible persons by the actuarial equivalent   627          

of an amount determined by multiplying twelve thousand dollars by  629          

the percentage of the increase in the consumer price index, or     630          

that percentage plus the accumulation, except that the percentage  631          

shall not exceed three per cent and no benefit shall exceed the    632          

limit established by section 415 of the "Internal Revenue Code of  633          

1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.                634          

      Any percentage of change in the consumer price index in any  636          

year that is in excess of three per cent shall be accumulated and  637          

used to determine increases under this section in succeeding       639          

years.   Any percentage of change in the consumer price index      640          

accumulated by an eligible person prior to September 27, 1996,     642          

shall be used in determining any future increases under this       643          

section.  The first additional benefit INCREASE is payable to all  644          

eligible persons on July 1, 1988.  The additional benefit          645          

INCREASE is payable for the ensuing twelve-month period or until   647          

the next increase is granted under this section, whichever is      648          

later.                                                                          

      The date of the first additional benefit INCREASE payable    650          

under this section shall be the anniversary date for future        652          

additional benefits INCREASES.                                     653          

      Sec. 742.3715.  (A)  A member of the Ohio police and fire    663          

pension fund who retired under section 742.37 of the Revised Code  664          

before February 28, 1980, may elect to receive the actuarial       665          

equivalent of the member's retirement allowance in a lesser        666          

amount payable for the remainder of the member's life and          667          

continuing after death to the member's spouse under one of the     669          

optional plans described under division (A)(1) or (2) of section   670          

742.3711 of the Revised Code, provided the amount payable under    671          

                                                          15     


                                                                 
the optional plan elected is certified by the actuary engaged by   672          

the board of trustees of the Ohio police and fire pension fund to  674          

be the actuarial equivalent of the member's retirement allowance   675          

and is approved by the board FUND.  The election shall be made as  677          

follows:                                                                        

      (1)  Not later than ninety days after September 26, 1984,    679          

the member shall file with the board FUND a notice that the        681          

member wishes to be eligible to make the election authorized by    682          

this section.  The board FUND shall advise the member with         683          

respect to the choices available under the optional plans and      685          

have a determination made of the monthly benefits payable under    686          

the optional plan elected by the member for inclusion in the       687          

statement to be filed under division (A)(2) of this section.       688          

      (2)  Not later than one year after September 26, 1984, the   690          

member shall file a statement, on a form provided by the board     691          

FUND, that the member elects to receive benefits under the         693          

optional benefit plan specified in the statement.                  694          

      A request or form that is mailed to the board shall be       696          

considered to have been filed on its postmark date.                697          

      (B)  A member of the fund who retired under section 742.37   699          

of the Revised Code prior to September 16, 1998, was married at    703          

the time of retirement AND IS CURRENTLY MARRIED TO THE SAME                     

SPOUSE, and did not elect one of the optional plans under section  705          

742.3711 of the Revised Code may elect to receive the actuarial    708          

equivalent of the member's retirement allowance in a lesser        709          

amount payable for the remainder of the member's life and                       

continuing after death to the member's spouse under one of the     710          

optional plans described in division (A)(1) or (2) of section      712          

742.3711 of the Revised Code, provided the amount payable under    715          

the optional plan elected is certified by the actuary engaged by   716          

the board FUND to be the actuarial equivalent of the member's      718          

retirement allowance and is approved by the board FUND.            719          

      Not later than thirty days after December 21, 1998, the      721          

board FUND shall provide to all members described in this          724          

                                                          16     


                                                                 
division written notice of the election available under this       725          

division.  The notice shall state that a member's failure to       726          

elect an optional plan under this division will result in the      727          

member's spouse, at the time of the member's death, being          728          

eligible only for a benefit under division (D) of section 742.37   729          

of the Revised Code.                                               731          

      The election shall be made as follows:                       733          

      (1)  Not later than one hundred twenty days after December   735          

21, 1998, the member shall file with the board FUND a notice that  738          

the member wishes to make the election authorized by this          739          

section.  The board FUND shall advise the member with respect to   741          

the choices available under the optional plans and have a          742          

determination made of the monthly benefits payable under the       743          

optional plan elected by the member for inclusion in the           744          

statement to be filed under division (B)(2) of this section.       745          

      (2)  Not later than one year after December 21, 1998, the    748          

member shall file a statement, on a form provided by the board     750          

FUND, that the member elects to receive benefits under the         751          

optional plan specified in the statement.  A request or form that  752          

is mailed to the board FUND'S PRINCIPAL PLACE OF BUSINESS shall    753          

be considered to have been filed on its postmark date.  Benefits   754          

under the optional plan shall begin on the first day of the first  755          

month following the date the statement is filed with the board     756          

FUND.                                                                           

      (C)(1)  The death of the member's spouse shall cancel any    758          

plan elected pursuant to this section and return the member to     759          

the member's single lifetime benefit equivalent, as determined by  761          

the board FUND, to be effective the month following receipt by     762          

the board FUND of notice of the death.                             764          

      (2)  On divorce, annulment, or marriage dissolution, a       766          

member receiving a retirement allowance under a plan that          767          

provides for continuation of all or part of the allowance after    768          

death for the lifetime of the member's surviving spouse may, with  770          

the written consent of the spouse or pursuant to an order of the   771          

                                                          17     


                                                                 
court with jurisdiction over the termination of the marriage,      772          

elect to cancel the plan and receive the member's single lifetime  774          

benefit equivalent as determined by the board FUND.  The election  775          

shall be made on a form provided by the board FUND and shall be    776          

effective the month following its receipt by the board FUND.       777          

      (D)  If the member remarries after cancellation under        779          

division (C)(1) or (2) of this section of an optional plan, the    781          

member may elect not later than one year after the date of         782          

remarriage a new optional plan based on the actuarial equivalent   784          

of the member's single lifetime benefit as determined by the       785          

board FUND.  The plan and the member's lesser retirement           787          

allowance shall become effective on the date the election is made  788          

on a form approved by the board FUND.                              789          

      (E)  Any option elected and payments made under this         791          

section shall be in addition to any benefit payable under          792          

division (D) of section 742.37 of the Revised Code.                793          

      Sec. 742.3717.  (A)(1)  Except as provided in division       803          

(A)(2) of this section, as used in this section, "eligible         804          

retirant PERSON" means a person who meets all BOTH of the          805          

following conditions:                                                           

      (a)  The person is receiving an annual pension or benefit    807          

under division (A), (B), or (C) of section 742.37 or division      809          

(C)(2), (3), (4), or (5) of former section 742.37 of the Revised   810          

Code based on an award made prior to July 24, 1986.                811          

      (b)  The person has not elected under section 742.3711 of    813          

the Revised Code to receive a retirement allowance under an        814          

optional benefit plan.                                             815          

      (c)  The amount of the annual pension or benefit is less     817          

than the amount specified in division (B) of this section.         818          

      (2)  A person is not an eligible retirant PERSON if the      820          

person is receiving a pension or benefit in accordance with rules  822          

in force on April 1, 1947, that govern the granting of pensions    823          

and benefits and that provide an increase in the original pension  824          

or benefit from time to time pursuant to changes in the salaries   825          

                                                          18     


                                                                 
of active members.                                                 826          

      (B)  In 1988, the amount used to determine eligibility       828          

under division (A)(1)(c) of this section shall be eighteen         829          

thousand dollars.  Each year thereafter, the amount shall be the   830          

prior year's amount plus five hundred dollars.                     831          

      (C)(1)  On or before the fifteenth day of April of each      833          

year, the board of trustees of the Ohio police and fire pension    835          

fund shall determine the average percentage change in the                       

consumer price index prepared by the United States bureau of       836          

labor statistics (U.S. city average for urban wage earners and     837          

clerical workers:  "all items 1982-84=100") for the twelve-month   839          

period prior to the first day of January over the next preceding   840          

twelve-calendar-month period, as reported by the bureau.  Upon a   841          

determination by the board that this change is an increase or      844          

that the change plus the accumulation described in division        845          

(C)(B)(2) of this section is an increase, the board shall          847          

increase all benefits payable to eligible persons by an amount     849          

determined by multiplying twelve thousand dollars by the                        

percentage of the increase in the consumer price index, or that    850          

percentage plus the accumulation, except that the percentage       851          

shall not exceed three per cent and no benefit shall exceed the    852          

limit established by section 415 of the "Internal Revenue Code of  853          

1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.                854          

      (2)  Any percentage of change in the consumer price index    856          

in any year that is in excess of three per cent shall be           857          

accumulated and used to determine increases under this section in  859          

succeeding years.   Any percentage of change in the consumer       860          

price index accumulated by an eligible person prior to September   862          

27, 1996, shall be used in determining any future increases under  863          

this section.  The first additional benefit INCREASE is payable    864          

to all eligible retirants PERSONS on July 1, 1988.  The            865          

additional benefit INCREASE is payable for the ensuing             867          

twelve-month period or until the next increase is granted under    868          

this section, whichever is later.                                               

                                                          19     


                                                                 
      The date of the first additional benefit INCREASE payable    870          

under this section shall be the anniversary date for future        872          

additional benefits INCREASES.                                     873          

      Sec. 742.3718.  (A)  Except as otherwise provided in this    882          

division, each person who on September 9, 1988, is receiving a     884          

pension or benefit of less than five thousand dollars annually     886          

under division (A) or (B) of section 742.37 of the Revised Code    887          

on the basis of disability or service of twenty-five years or      888          

more, under division (C)(1) of that section, or under division     889          

(C)(2) or (5) of former section 742.37 of the Revised Code shall   890          

have the pension or benefit increased to five thousand dollars a   892          

year, effective July 1, 1988.  This division does not apply to     893          

any person receiving a pension or benefit based on funded          894          

volunteer or funded part-time service.                                          

      (B)  On and after July 1, 1988:                              896          

      (1)  The pension of each person receiving a pension or       898          

benefit under division (D) of section 742.37 of the Revised Code   899          

shall be increased to four hundred ten dollars a month.            900          

      (2)  The pension of each person receiving a pension or       902          

benefit under division (E) of section 742.37 of the Revised Code   903          

shall be increased to one hundred eighteen dollars a month.        904          

      (C)  Notwithstanding any average annual salary limitation    907          

in section 742.37 of the Revised Code, each person who on July 1,  910          

1999, is receiving an annual pension or benefit described in       911          

division (A), (B), or (C)(1) or (3) of that section of less than   914          

six thousand six hundred dollars shall have the pension increased  915          

to that amount, effective July 1, 1999.  The increase granted      917          

under this division shall be included in a person's base for the   919          

purpose of determining future increases under section 742.3716 of  920          

the Revised Code.                                                  921          

      (D)(1)  This division applies to the following persons who   923          

are receiving a pension under division (D) of section 742.37 of    925          

the Revised Code:                                                  927          

      (a)  On July 1, 1999, the person is the surviving spouse of  931          

                                                          20     


                                                                 
a deceased member of the fund and is not receiving a benefit       932          

under division (B) or (D) of section 742.63 of the Revised Code.   933          

      (b)  No later than one year after July 1, 1999, the person   936          

is the surviving spouse of a deceased member of the fund who was   938          

retired under section 742.37 of the Revised Code with an           939          

effective date of retirement before September 16, 1998.            940          

      (2)  The EXCEPT AS PROVIDED IN DIVISION (D)(2) OF THIS       942          

SECTION, THE monthly pension of each person WHO IS THE SURVIVING   943          

SPOUSE OF A DECEASED MEMBER OF THE FUND AND ON THE EFFECTIVE DATE  944          

OF THIS AMENDMENT IS RECEIVING A PENSION OF LESS THAN THE AMOUNT   945          

described in division (D)(1) of this section 742.37 OF THE         947          

REVISED CODE shall be increased as follows:                        948          

      (a)  For the period beginning July 1, 1999 ON THE FIRST DAY  951          

OF THE FIRST MONTH FOLLOWING THE EFFECTIVE DATE OF THIS            952          

AMENDMENT, and ending June 30, 2000, to five hundred fifty         954          

dollars;                                                                        

      (b)  For the period beginning July 1, 2000, and the first    957          

day of July of each year thereafter and continuing for the         959          

following twelve months, to an amount equal to the GREATER OF      960          

FIVE HUNDRED FIFTY DOLLARS OR THE monthly amount paid during the   961          

prior twelve-month period plus an amount determined by             963          

multiplying five hundred fifty dollars by the average percentage   964          

change in the consumer price index, not exceeding three per cent,  965          

as determined each year by the board of trustees of the Ohio       966          

police and fire pension fund under section 742.3716 of the         970          

Revised Code.                                                      971          

      (3)  If (2)  AN INCREASE UNDER DIVISION (D)(1) OF THIS       974          

SECTION SHALL NOT BE PAID TO a person who is receiving a pension                

under division (D)(2) of section 742.37 of the Revised Code and a  978          

benefit under division (B) or (D) of section 742.63 of the         980          

Revised Code UNTIL THE PERSON ceases to be eligible for a benefit  983          

under division (B) or (D) of section 742.63 of the Revised Code,   986          

the.  THE person's monthly pension shall be increased, effective   988          

the first day of the first month following the date on which the   989          

                                                          21     


                                                                 
person ceases to be eligible for the benefit, to the amount it     990          

would be under division (D)(2)(1) of this section had the person   992          

never been eligible for a benefit under division (B) or (D) of     993          

section 742.63 of the Revised Code.                                994          

      (E)  The monthly pension of each person receiving a pension  997          

under division (E) of section 742.37 of the Revised Code shall be  999          

increased to one hundred fifty dollars effective July 1, 1999.     1,000        

      (F)  Effective July 1, 1999, the monthly pension of each     1,003        

person receiving a pension under division (F) of section 742.37    1,004        

of the Revised Code shall be increased as follows:                 1,007        

      (1)  If there are two dependent parents, to one hundred      1,009        

dollars;                                                                        

      (2)  If there is one dependent parent, to two hundred        1,011        

dollars.                                                                        

      Section 2.  That existing sections 742.37, 742.3711,         1,013        

742.3715, 742.3717, and 742.3718 of the Revised Code are hereby    1,016        

repealed.                                                                       

      Section 3.  Not later than the first day of the second       1,018        

month after this act's effective date, the Police and Fire         1,019        

Pension Fund shall make a one-time payment in accordance with      1,020        

this section.                                                      1,021        

      (A)  To each person who became a surviving spouse after      1,023        

December 21, 1998, and is eligible for the pension increase        1,024        

provided under Am. Sub. H.B. 194 of the 122nd General Assembly     1,025        

that took effect July 1, 1999, the payment shall be one hundred    1,026        

forty dollars for each month the person was eligible to receive a  1,027        

pension during the period beginning December 22, 1998, and ending  1,028        

June 30, 1999.                                                     1,029        

      (B)  To each person who is eligible to receive the pension   1,031        

increase provided under division (D) of section 742.3718 of the    1,032        

Revised Code, as amended by this act, and is not eligible for the  1,033        

pension increase provided under Am. Sub. H.B. 194 of the 122nd     1,034        

General Assembly that took effect July 1, 1999, the payment shall  1,035        

be an amount equal to the difference between the amount the        1,036        

                                                          22     


                                                                 
surviving spouse of a deceased member of the fund received under   1,037        

division (D) of section 742.37 of the Revised Code and the amount  1,038        

the surviving spouse would have received under section 742.3718    1,039        

of the Revised Code, as amended by this act, had this act gone     1,040        

into effect on July 1, 1999.