As Passed by the Senate 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- 12
SULLIVAN-EVANS-OPFER-VERICH-FORD-TAYLOR-BRADING-BARNES-SMITH- 14
VAN VYVEN-GRENDELL-ASLANIDES-OLMAN-PERRY-METZGER-GARDNER-
SUTTON-HAINES-HARRIS-JORDAN-MOTTLEY-DISTEL-PETERSON- 15
DAMSCHRODER-CORBIN-MYERS-WILSON-CAREY-J. BEATTY-BUCHY- 16
NETZLEY-HOLLISTER-A. CORE-LOGAN-CALVERT-REDFERN-HOOPS- 17
GOODMAN-TRAKAS-GERBERRY-WOMER BENJAMIN-JACOBSON-HEALY- 18
AUSTRIA-SALERNO-BRITTON-GOODING-SENATORS BLESSING-MUMPER- 19
DiDONATO-McLIN-JOHNSON-SPADA-NEIN-GARDNER-LATTA-OELSLAGER- 20
PRENTISS-ARMBRUSTER-CUPP-WATTS-WHITE-HAGAN-MALLORY 21
_________________________________________________________________ 23
A B I L L
To amend sections 742.37, 742.3711, 742.3715, 25
742.3717, and 742.3718 of the Revised Code to 28
increase benefits paid to certain surviving
spouses of members of the Ohio Police and Fire 30
Pension Fund (OPFPF) and to eliminate the 31
eligibility limits for cost-of-living allowances 32
that apply to certain OPFPF members. 33
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 35
Section 1. That sections 742.37, 742.3711, 742.3715, 37
742.3717, and 742.3718 of the Revised Code be amended to read as 40
follows:
Sec. 742.37. The board of trustees of the Ohio police and 49
fire pension fund shall adopt rules for the management of the 52
2
fund and for the disbursement of benefits and pensions as set 53
forth in this section and section 742.39 of the Revised Code. 54
Any payment of a benefit or pension under this section is subject 56
to the provisions of section 742.461 of the Revised Code. 57
Notwithstanding any other provision of this section, no pension 58
or benefit paid or determined under division (B) or (C) of this 59
section or section 742.39 of the Revised Code shall exceed the 61
limit established by section 415 of the "Internal Revenue Code of 62
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.
(A) Persons who were receiving benefit or pension payments 64
from a police relief and pension fund established under former 65
section 741.32 of the Revised Code, or from a firemen's relief 66
and pension fund established under former section 521.02 or 68
741.02 of the Revised Code, at the time the assets of the fund 70
were transferred to the Ohio police and fire pension fund, known 71
at that time as the police and firemen's disability and pension 73
fund, shall receive benefit and pension payments from the Ohio 74
police and fire pension fund in the same amount and subject to 77
the same conditions as such payments were being made from the 79
former fund on the date of the transfer. 80
(B) A member of the fund who, pursuant to law, elected to 82
receive benefits and pensions from a police relief and pension 83
fund established under former section 741.32 of the Revised Code, 85
or from a firemen's relief and pension fund established under 87
former section 741.02 of the Revised Code, in accordance with the 88
rules of the fund governing the granting of benefits or pensions 90
therefrom in force on April 1, 1947, shall receive benefits and 91
pensions from the Ohio police and fire pension fund in accordance 93
with such rules; provided, that any member of the fund who is not 94
receiving a benefit or pension from the fund on August 12, 1975, 95
may, upon application for a benefit or pension to be received on 96
or after August 12, 1975, elect to receive a benefit or pension 97
in accordance with division (C) of this section. 98
(C) Members of the fund who have not elected to receive 100
3
benefits and pensions from a police relief and pension fund or a 101
firemen's relief and pension fund in accordance with the rules of 103
the fund in force on April 1, 1947, shall receive pensions and 105
benefits in accordance with the following provisions:
(1) A member of the fund who has completed twenty-five 107
years of active service in a police or fire department and has 108
attained forty-eight years of age may, at the member's election, 110
retire from the police or fire department, and upon notifying the 111
board in writing of the election, shall receive an annual 112
pension, payable in twelve monthly installments, in an amount 114
equal to a percentage of the member's average annual salary. The 115
percentage shall be the sum of two and one-half per cent for each 117
of the first twenty years the member was in the active service of 118
the department, plus two per cent for each of the twenty-first to 120
twenty-fifth years the member was in the active service of the 121
department, plus one and one-half per cent for each year in 123
excess of twenty-five years the member was in the active service 124
of the department. The annual pension shall not exceed 125
seventy-two per cent of the member's average annual salary. 126
A member who completed twenty-five years of active service, 129
has resigned or been discharged, and has left the sum deducted 131
from the member's salary on deposit in the pension fund shall, 132
upon attaining forty-eight years of age, be entitled to receive a 134
normal service pension benefit computed and paid under division 135
(C)(1) of this section.
(2) A member of the fund who has served fifteen or more 137
years as an active member of a police or fire department and who 138
voluntarily resigns or is discharged from the department for any 140
reason other than dishonesty, cowardice, intemperate habits, or 141
conviction of a felony, shall receive an annual pension, payable 142
in twelve monthly installments, in an amount equal to one and 143
one-half per cent of the member's average annual salary 144
multiplied by the number of full years the member was in the 146
active service of the department. The pension payments shall not 147
4
commence until the member has attained the age of forty-eight 149
years and until twenty-five years have elapsed from the date on 150
which the member became a full-time regular police officer or 152
firefighter in the department. 153
(3) A member of the fund who has completed fifteen or more 155
years of active service in a police or fire department and who 156
has attained sixty-two years of age, may retire from the 157
department and, upon notifying the board in writing of the 158
election to retire, shall receive an annual pension, payable in 159
twelve monthly installments, in an amount equal to a percentage 160
of the member's average annual salary. The percentage shall be 162
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, 164
plus two per cent for each of the twenty-first to twenty-fifth 166
years the member was in the active service of the department, 168
plus one and one-half per cent for each year in excess of 170
twenty-five years the member was in the active service of the 172
department. The annual pension shall not exceed seventy-two per 174
cent of the member's average annual salary. 175
(4) With the exception of those persons who may make 177
application for benefits as provided in section 742.26 of the 179
Revised Code, no person receiving a pension or other benefit 180
under division (C) of this section on or after July 24, 1986, 181
shall be entitled to apply for any new, changed, or different 182
benefit.
If a member covered by division (C) of this section or 184
section 742.38 of the Revised Code dies prior to the time the 186
member has received a payment and leaves a surviving spouse or 188
dependent child, the surviving spouse or dependent child shall 189
receive a pension under division (D) or (E) of this section. 190
(D)(1) Except as provided in division (D)(2) of this 193
section, a surviving spouse of a deceased member of the fund
shall receive a monthly pension as follows: 195
(a) For the period beginning July 1, 1999, and ending June 199
5
30, 2000, five hundred fifty dollars; 200
(b) For the period beginning July 1, 2000, and the first 203
day of July of each year thereafter and continuing for the 205
following twelve months, an amount equal to the monthly amount 206
paid during the prior twelve-month period plus an amount 207
determined by multiplying five hundred fifty dollars by the 209
average percentage change in the consumer price index, not 210
exceeding three per cent, as determined each year by the board 211
under section 742.3716 of the Revised Code. 213
(2) A surviving spouse of a deceased member of the fund 215
shall receive a monthly pension of four hundred ten dollars if 217
one of the following is the case: 218
(a) At the time of death, the deceased member had been 221
awarded a pension under this chapter based on age and service; 222
(b) The THE surviving spouse is eligible for a benefit 225
under section 742.3714 or division (B) or (D) of section 742.63 226
of the Revised Code. If the surviving spouse ceases to be 227
eligible for a benefit under division (B) or (D) of section 228
742.63 of the Revised Code, the pension shall be increased, 231
effective the first day of the first month following the day on 232
which the surviving spouse ceases to be eligible for the benefit,
to the amount it would be under division (D)(1) of this section 233
had the spouse never been eligible for a benefit under division 235
(B) or (D) of section 742.63 of the Revised Code. 238
(3) A pension paid under this division shall continue 241
during the natural life of the surviving spouse. Benefits to a 243
deceased member's surviving spouse that were terminated under a 245
former version of this section that required termination due to 246
remarriage and were not resumed prior to September 16, 1998, 248
shall resume on the first day of the month immediately following 249
receipt by the board of an application on a form provided by the 250
board.
(E) Each surviving child of a deceased member of the fund 253
shall receive a monthly pension of one hundred fifty dollars 255
6
until the child attains the age of eighteen years, or marries, 257
whichever event occurs first. A pension under this division, 259
however, shall continue to be payable to a child under age 260
twenty-two who is a student in and attending an institution of 261
learning or training pursuant to a program designed to complete 262
in each school year the equivalent of at least two-thirds of the 263
full-time curriculum requirements of the institution, as 264
determined by the board. If any surviving child, regardless of 267
age at the time of the member's death, because of physical or 268
mental disability, is totally dependent upon the deceased member 270
for support at the time of death, the child shall receive a 271
monthly pension under this division during the child's natural 274
life or until the child has recovered from the disability. 275
(F) If a deceased member of the fund leaves no surviving 277
spouse or surviving children, but leaves two parents dependent 278
upon the deceased member for support, each parent shall be paid a 280
monthly pension of one hundred dollars. If there is only one 281
parent dependent upon the member for support, the parent shall be 283
paid a monthly pension of two hundred dollars. The pensions 285
provided for in this division shall be paid during the natural
life of the surviving parents, or until dependency ceases, or 286
until remarriage, whichever event occurs first. 287
(G) Subject to the provisions of section 742.461 of the 289
Revised Code, a member of the fund who voluntarily resigns or is 291
removed from active service in a police or fire department is 292
entitled to receive an amount equal to the sums deducted from the 293
member's salary and credited to the member's account in the fund, 294
except that a member receiving a disability benefit or service 295
pension is not entitled to receive any return of contributions to 296
the fund.
(H) On and after January 1, 1970, all pensions shall be 298
increased in accordance with the following provisions: 299
(1) A member of the fund who retired prior to January 1, 301
1967, has attained age sixty-five on January 1, 1970, and was 302
7
receiving a pension on December 31, 1969, pursuant to division 303
(B) or (C)(1) of this section or former division (C)(2), (3), 305
(4), or (5) of this section, shall have the pension increased by 306
ten per cent.
(2) The monthly pension payable to eligible surviving 308
spouses under division (D) of this section shall be increased by 309
forty dollars for each surviving spouse receiving a pension on 310
December 31, 1969. 311
(3) The monthly pension payable to each eligible child 313
under division (E) of this section shall be increased by ten 314
dollars for each child receiving a pension on December 31, 1969. 315
(4) The monthly pension payable to each eligible dependent 317
parent under division (F) of this section shall be increased by 318
thirty dollars for each parent receiving a pension on December 319
31, 1969. 320
(5) A member of the fund, including a survivor of a 322
member, who is receiving a pension in accordance with the rules 323
governing the granting of pensions and benefits in force on April 324
1, 1947, that provide an increase in the original pension from 326
time to time pursuant to changes in the salaries of active 327
members, shall not be eligible for the benefits provided in this 328
division. 329
(I) On and after January 1, 1977, a member of the fund who 331
was receiving a pension or benefit on December 31, 1973, under 332
division (A), (B), (C)(1), or former division (C)(2) or (7) of 334
this section shall have the pension or benefit increased as 335
follows:
(1) If the member's annual pension or benefit is less than 337
two thousand seven hundred dollars, it shall be increased to 339
three thousand dollars. 340
(2) If the member's annual pension or benefit is two 342
thousand seven hundred dollars or more, it shall be increased by 344
three hundred dollars. 345
The following shall not be eligible to receive increased 347
8
pensions or benefits as provided in this division: 348
(a) A member of the fund who is receiving a pension or 350
benefit in accordance with the rules in force on April 1, 1947, 351
governing the granting of pensions and benefits, which provide an 352
increase in the original pension or benefit from time to time 353
pursuant to changes in the salaries of active members; 354
(b) A member of the fund who is receiving a pension or 356
benefit under division (A) or (B) of this section, based on 357
funded volunteer or funded part-time service, or off-duty 358
disability, or partial on-duty disability, or early vested 359
service; 360
(c) A member of the fund who is receiving a pension under 362
division (C)(1) of this section, based on funded volunteer or 363
funded part-time service. 364
(J) On and after July 1, 1977, a member of the fund who 366
was receiving an annual pension or benefit on December 31, 1973, 367
pursuant to division (B) of this section, based upon partial 368
disability, off-duty disability, or early vested service, or 369
pursuant to former division (C)(3), (5), or (6) of this section, 370
shall have such annual pension or benefit increased by three 371
hundred dollars. 372
The following are not eligible to receive the increase 374
provided by this division: 375
(1) A member of the fund who is receiving a pension or 377
benefit in accordance with the rules in force on April 1, 1947, 378
governing the granting of pensions and benefits, which provide an 379
increase in the original pension or benefit from time to time 380
pursuant to changes in the salaries of active members; 381
(2) A member of the fund who is receiving a pension or 383
benefit under division (B) or (C)(2) of this section or former 385
division (C)(3), (5), or (6) of this section based on volunteer 386
or part-time service.
(K)(1) Except as otherwise provided in this division, 388
every person who on July 24, 1986, is receiving an age and 389
9
service or disability pension, allowance, or benefit pursuant to 390
this chapter in an amount less than thirteen thousand dollars a 391
year that is based upon an award made effective prior to February 392
28, 1984, shall receive an increase of six hundred dollars a year 393
or the amount necessary to increase the pension or benefit to 394
four thousand two hundred dollars after all adjustments required 395
by this section, whichever is greater. 396
(2) Division (K)(1) of this section does not apply to the 398
following: 399
(a) A member of the fund who is receiving a pension or 401
benefit in accordance with rules in force on April 1, 1947, that 402
govern the granting of pensions and benefits and that provide an 403
increase in the original pension or benefit from time to time 404
pursuant to changes in the salaries of active members; 405
(b) A member of the fund who is receiving a pension or 407
benefit based on funded volunteer or funded part-time service. 408
(L) On and after July 24, 1986: 410
(1) The pension of each person receiving a pension under 412
division (D) of this section on July 24, 1986, shall be increased 413
to three hundred ten dollars per month. 414
(2) The pension of each person receiving a pension under 416
division (E) of this section on July 24, 1986, shall be increased 417
to ninety-three dollars per month. 418
Sec. 742.3711. (A) On application for retirement as 427
provided in section 742.37 of the Revised Code, a member of the 428
fund may elect to receive a retirement allowance payable 429
throughout the member's life, or may elect, on the application 431
for retirement, to receive the actuarial equivalent of the 432
member's retirement allowance in a lesser amount payable for life 434
and continuing after death to a surviving designated beneficiary 435
under one of the following optional plans, provided the amount 436
payable to the beneficiary shall not exceed the amount payable to 437
the retiring member of the fund, and is certified by the actuary 438
engaged by the board of trustees of the Ohio police and fire 439
10
pension fund to be the actuarial equivalent of the member's 440
retirement allowance and is approved by the board. 441
(1) Option 1. The member's lesser retirement allowance 443
shall be paid for life to the sole beneficiary designated at the 445
time of the member's retirement. 446
(2) Option 2. One-half or some other portion of the 448
member's lesser retirement allowance shall be paid for life to 450
the sole beneficiary designated at the time of the member's 452
retirement. 453
(3) Option 3. Upon the member's death before the 455
expiration of a certain period from the retirement date and 457
elected by the member and approved by the retirement board, the 459
member's lesser retirement allowance shall be continued for the 460
remainder of that period to the beneficiary the member has 462
nominated by written designation and filed with the retirement 464
board.
Should the nominated beneficiary designated in writing 466
become deceased prior to the expiration of the guarantee period, 467
then for the purpose of completing payment for the remainder of 468
the guarantee period, the present value of such payments shall be 469
paid to the estate of the beneficiary last receiving. 470
(B)(1) On or after February 28, 1980, the death of a 472
spouse nominated as beneficiary or the death of any other 473
nominated beneficiary following retirement shall cancel any 474
optional plan of payment to provide continuing lifetime benefits 475
to such nominated beneficiary and return the member of the fund 476
to the member's single lifetime benefit equivalent, as determined 478
by the board, to be effective the month following receipt by the 479
board of notice of the death. 480
(2) On divorce, annulment, or marriage dissolution, a 482
member receiving a retirement allowance under a plan that 483
provides for continuation of all or part of the allowance after 484
death for the lifetime of the member's surviving spouse may, with 486
the written consent of the spouse or pursuant to an order of the 487
11
court with jurisdiction over the termination of the marriage, 488
elect to cancel the plan and receive the member's single lifetime 490
benefit equivalent as determined by the board. The election 491
shall be made on a form provided by the board and shall be 492
effective the month following its receipt by the board. 493
(C) Following marriage or remarriage, a member of the fund 495
may elect not later than one year after the date of marriage or 496
remarriage a new optional plan of payment based on the actuarial 497
equivalent of the member's single lifetime benefit as determined 499
by the board. The plan and the member's lesser retirement 500
allowance shall become effective on the date the election is made 501
on a form approved by the board. 502
(D)(1) Unless one of the following occurs, an application 504
for retirement by a married person shall be considered an 505
election of a benefit under option 2 as provided for in division 506
(A)(2) of this section under which one-half of the lesser 507
retirement allowance payable during the life of the retirant will 508
be paid after death to the retirant's spouse for life as sole 510
beneficiary:
(a) The retirant selects an optional plan under division 512
(A) of this section providing for payment after death to the 514
retirant's spouse for life as sole beneficiary of more than 515
one-half of the lesser retirement allowance payable during the 516
life of the retirant; 517
(b) The retirant submits to the retirement board a written 519
statement signed by the spouse attesting that the spouse consents 520
to the retirant's election to receive a single lifetime 522
retirement allowance or a payment under an optional benefit plan 523
under which after the death of the retirant the surviving spouse 524
will receive less than one-half of the lesser retirement 525
allowance payable during the life of the retirant. 526
(2) An application for retirement shall include an 529
explanation of all of the following: 530
(a) That, if the member is married, unless the spouse 533
12
consents to another plan of payment, the member's retirement 534
allowance will be paid under "option 2" and consist of the 535
actuarial equivalent of the member's retirement allowance in a 536
lesser amount payable for life and one-half of the lesser 537
allowance continuing after death to the surviving spouse for the
life of the spouse; 538
(b) A description of the alternative plans of payment 541
available with the consent of the spouse;
(c) That the spouse may consent to another plan of payment 544
and the procedure for giving consent;
(d) That consent is irrevocable once notice of consent is 546
filed with the board. 547
Consent shall be valid only if it is signed, in writing, 550
and witnessed by an employee of the board or a notary public. 551
(3) If the retirant does not select an optional plan as 553
described in division (D)(1)(a) of this section and the board 554
does not receive the written statement provided for in division 555
(D)(1)(b) of this section, it shall determine and pay the 557
retirement allowance in accordance with division (A)(2) of this 558
section, except that the board may provide by rule for waiver by 559
the board of the statement and payment of the allowance other 560
than in accordance with division (A)(2) of this section if the 561
retirant is unable to obtain the statement due to absence or 562
incapacity of the spouse or other cause specified by the board. 563
(E) A member of the fund who has elected an optional plan 565
under this section or section 742.3715 of the Revised Code may, 566
with the consent of the designated beneficiary, cancel the 567
optional plan and receive the retirement allowance payable 568
throughout life the member would have received had the member not 570
elected the optional plan, if the member makes a request to 571
cancel the optional plan not later than one year after the later 573
of September 9, 1988, or the date on which the member first 574
receives a payment under this section or section 742.3715 of the 575
Revised Code. Cancellation of the optional plan shall be 576
13
effective the month after acceptance of the request by the 577
trustees of the fund. No payment or adjustment shall be made in 578
the retirement allowance payable throughout the member's life to 579
compensate for the lesser allowance the member received under the 580
optional plan.
The request to cancel the optional plan shall be made on a 582
form provided by the fund and shall be valid only if the 583
completed form includes a signed statement of the designated 584
beneficiary's understanding of and consent to the cancellation. 585
The signature shall be verified by the trustees of the fund prior 586
to their acceptance of the cancellation. 587
(F) Any option elected and payments made under this 589
section shall be in addition to any benefit payable under 590
divisions (D), (E), and (F) of section 742.37 of the Revised 591
Code. 592
(G)(1) Except as otherwise provided in this division, a A 594
person is eligible to receive an additional A benefit INCREASE 596
under this division if the person is receiving a retirement 597
allowance or benefit under an optional plan elected under this 599
section or section 742.3715 of the Revised Code based on an award 600
made prior to July 24, 1986, and it is the case that, had the 601
member who elected the optional plan elected instead to receive a 602
retirement allowance payable throughout the member's life, the 603
amount of that retirement allowance would be less than the amount 605
specified in division (G)(2) of this section. A person is not 606
eligible to receive an additional benefit INCREASE under this 607
section DIVISION if the person is receiving a pension or benefit 610
in accordance with rules in force on April 1, 1947, that govern 611
the granting of pensions and benefits and that provide an 612
increase in the original pension or benefit from time to time 613
pursuant to changes in the salaries of active members.
(2) In 1988, the amount used to determine eligibility 615
under division (G)(1) of this section shall be eighteen thousand 616
dollars. Each year thereafter, the amount shall be the prior 617
14
year's amount plus five hundred dollars. 618
(3) On or before the fifteenth day of April of each year, 620
the board shall determine the average percentage change in the 621
consumer price index prepared by the United States bureau of 622
labor statistics (U.S. city average for urban wage earners and 623
clerical workers: "all items 1982-84=100") for the twelve-month 625
period prior to the first day of January over the next preceding 626
twelve-calendar-month period, as reported by the bureau. On a 627
determination by the board that this change is an increase or 629
that the change plus the accumulation described in THIS division 631
(G)(3) of this section is an increase, the board shall increase 633
all benefits payable under this section or section 742.3715 of 634
the Revised Code to eligible persons by the actuarial equivalent 635
of an amount determined by multiplying twelve thousand dollars by 637
the percentage of the increase in the consumer price index, or 638
that percentage plus the accumulation, except that the percentage 639
shall not exceed three per cent and no benefit shall exceed the 640
limit established by section 415 of the "Internal Revenue Code of 641
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 642
Any percentage of change in the consumer price index in any 644
year that is in excess of three per cent shall be accumulated and 645
used to determine increases under this section in succeeding 647
years. Any percentage of change in the consumer price index 648
accumulated by an eligible person prior to September 27, 1996, 650
shall be used in determining any future increases under this 651
section. The first additional benefit INCREASE is payable to all 652
eligible persons on July 1, 1988. The additional benefit 653
INCREASE is payable for the ensuing twelve-month period or until 655
the next increase is granted under this section, whichever is 656
later.
The date of the first additional benefit INCREASE payable 658
under this section shall be the anniversary date for future 660
additional benefits INCREASES. 661
Sec. 742.3715. (A) A member of the Ohio police and fire 671
15
pension fund who retired under section 742.37 of the Revised Code 672
before February 28, 1980, may elect to receive the actuarial 673
equivalent of the member's retirement allowance in a lesser 674
amount payable for the remainder of the member's life and 675
continuing after death to the member's spouse under one of the 677
optional plans described under division (A)(1) or (2) of section 678
742.3711 of the Revised Code, provided the amount payable under 679
the optional plan elected is certified by the actuary engaged by 680
the board of trustees of the Ohio police and fire pension fund to 682
be the actuarial equivalent of the member's retirement allowance 683
and is approved by the board FUND. The election shall be made as 685
follows:
(1) Not later than ninety days after September 26, 1984, 687
the member shall file with the board FUND a notice that the 689
member wishes to be eligible to make the election authorized by 690
this section. The board FUND shall advise the member with 691
respect to the choices available under the optional plans and 693
have a determination made of the monthly benefits payable under 694
the optional plan elected by the member for inclusion in the 695
statement to be filed under division (A)(2) of this section. 696
(2) Not later than one year after September 26, 1984, the 698
member shall file a statement, on a form provided by the board 699
FUND, that the member elects to receive benefits under the 701
optional benefit plan specified in the statement. 702
A request or form that is mailed to the board shall be 704
considered to have been filed on its postmark date. 705
(B) A member of the fund who retired under section 742.37 707
of the Revised Code prior to September 16, 1998, was married at 711
the time of retirement AND IS CURRENTLY MARRIED TO THE SAME
SPOUSE, and did not elect one of the optional plans under section 713
742.3711 of the Revised Code may elect to receive the actuarial 716
equivalent of the member's retirement allowance in a lesser 717
amount payable for the remainder of the member's life and
continuing after death to the member's spouse under one of the 718
16
optional plans described in division (A)(1) or (2) of section 720
742.3711 of the Revised Code, provided the amount payable under 723
the optional plan elected is certified by the actuary engaged by 724
the board FUND to be the actuarial equivalent of the member's 726
retirement allowance and is approved by the board FUND. 727
Not later than thirty days after December 21, 1998, the 729
board FUND shall provide to all members described in this 732
division written notice of the election available under this 733
division. The notice shall state that a member's failure to 734
elect an optional plan under this division will result in the 735
member's spouse, at the time of the member's death, being 736
eligible only for a benefit under division (D) of section 742.37 737
of the Revised Code. 739
The election shall be made as follows: 741
(1) Not later than one hundred twenty days after December 743
21, 1998, the member shall file with the board FUND a notice that 746
the member wishes to make the election authorized by this 747
section. The board FUND shall advise the member with respect to 749
the choices available under the optional plans and have a 750
determination made of the monthly benefits payable under the 751
optional plan elected by the member for inclusion in the 752
statement to be filed under division (B)(2) of this section. 753
(2) Not later than one year after December 21, 1998, the 756
member shall file a statement, on a form provided by the board 758
FUND, that the member elects to receive benefits under the 759
optional plan specified in the statement. A request or form that 760
is mailed to the board FUND'S PRINCIPAL PLACE OF BUSINESS shall 761
be considered to have been filed on its postmark date. Benefits 762
under the optional plan shall begin on the first day of the first 763
month following the date the statement is filed with the board 764
FUND.
(C)(1) The death of the member's spouse shall cancel any 766
plan elected pursuant to this section and return the member to 767
the member's single lifetime benefit equivalent, as determined by 769
17
the board FUND, to be effective the month following receipt by 770
the board FUND of notice of the death. 772
(2) On divorce, annulment, or marriage dissolution, a 774
member receiving a retirement allowance under a plan that 775
provides for continuation of all or part of the allowance after 776
death for the lifetime of the member's surviving spouse may, with 778
the written consent of the spouse or pursuant to an order of the 779
court with jurisdiction over the termination of the marriage, 780
elect to cancel the plan and receive the member's single lifetime 782
benefit equivalent as determined by the board FUND. The election 783
shall be made on a form provided by the board FUND and shall be 784
effective the month following its receipt by the board FUND. 785
(D) If the member remarries after cancellation under 787
division (C)(1) or (2) of this section of an optional plan, the 789
member may elect not later than one year after the date of 790
remarriage a new optional plan based on the actuarial equivalent 792
of the member's single lifetime benefit as determined by the 793
board FUND. The plan and the member's lesser retirement 795
allowance shall become effective on the date the election is made 796
on a form approved by the board FUND. 797
(E) Any option elected and payments made under this 799
section shall be in addition to any benefit payable under 800
division (D) of section 742.37 of the Revised Code. 801
Sec. 742.3717. (A)(1) Except as provided in division 811
(A)(2) of this section, as used in this section, "eligible 812
retirant PERSON" means a person who meets all BOTH of the 813
following conditions:
(a) The person is receiving an annual pension or benefit 815
under division (A), (B), or (C) of section 742.37 or division 817
(C)(2), (3), (4), or (5) of former section 742.37 of the Revised 818
Code based on an award made prior to July 24, 1986. 819
(b) The person has not elected under section 742.3711 of 821
the Revised Code to receive a retirement allowance under an 822
optional benefit plan. 823
18
(c) The amount of the annual pension or benefit is less 825
than the amount specified in division (B) of this section. 826
(2) A person is not an eligible retirant PERSON if the 828
person is receiving a pension or benefit in accordance with rules 830
in force on April 1, 1947, that govern the granting of pensions 831
and benefits and that provide an increase in the original pension 832
or benefit from time to time pursuant to changes in the salaries 833
of active members. 834
(B) In 1988, the amount used to determine eligibility 836
under division (A)(1)(c) of this section shall be eighteen 837
thousand dollars. Each year thereafter, the amount shall be the 838
prior year's amount plus five hundred dollars. 839
(C)(1) On or before the fifteenth day of April of each 841
year, the board of trustees of the Ohio police and fire pension 843
fund shall determine the average percentage change in the
consumer price index prepared by the United States bureau of 844
labor statistics (U.S. city average for urban wage earners and 845
clerical workers: "all items 1982-84=100") for the twelve-month 847
period prior to the first day of January over the next preceding 848
twelve-calendar-month period, as reported by the bureau. Upon a 849
determination by the board that this change is an increase or 852
that the change plus the accumulation described in division 853
(C)(B)(2) of this section is an increase, the board shall 855
increase all benefits payable to eligible persons by an amount 857
determined by multiplying twelve thousand dollars by the
percentage of the increase in the consumer price index, or that 858
percentage plus the accumulation, except that the percentage 859
shall not exceed three per cent and no benefit shall exceed the 860
limit established by section 415 of the "Internal Revenue Code of 861
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. 862
(2) Any percentage of change in the consumer price index 864
in any year that is in excess of three per cent shall be 865
accumulated and used to determine increases under this section in 867
succeeding years. Any percentage of change in the consumer 868
19
price index accumulated by an eligible person prior to September 870
27, 1996, shall be used in determining any future increases under 871
this section. The first additional benefit INCREASE is payable 872
to all eligible retirants PERSONS on July 1, 1988. The 873
additional benefit INCREASE is payable for the ensuing 875
twelve-month period or until the next increase is granted under 876
this section, whichever is later.
The date of the first additional benefit INCREASE payable 878
under this section shall be the anniversary date for future 880
additional benefits INCREASES. 881
Sec. 742.3718. (A) Except as otherwise provided in this 890
division, each person who on September 9, 1988, is receiving a 892
pension or benefit of less than five thousand dollars annually 894
under division (A) or (B) of section 742.37 of the Revised Code 895
on the basis of disability or service of twenty-five years or 896
more, under division (C)(1) of that section, or under division 897
(C)(2) or (5) of former section 742.37 of the Revised Code shall 898
have the pension or benefit increased to five thousand dollars a 900
year, effective July 1, 1988. This division does not apply to 901
any person receiving a pension or benefit based on funded 902
volunteer or funded part-time service.
(B) On and after July 1, 1988: 904
(1) The pension of each person receiving a pension or 906
benefit under division (D) of section 742.37 of the Revised Code 907
shall be increased to four hundred ten dollars a month. 908
(2) The pension of each person receiving a pension or 910
benefit under division (E) of section 742.37 of the Revised Code 911
shall be increased to one hundred eighteen dollars a month. 912
(C) Notwithstanding any average annual salary limitation 915
in section 742.37 of the Revised Code, each person who on July 1, 918
1999, is receiving an annual pension or benefit described in 919
division (A), (B), or (C)(1) or (3) of that section of less than 922
six thousand six hundred dollars shall have the pension increased 923
to that amount, effective July 1, 1999. The increase granted 925
20
under this division shall be included in a person's base for the 927
purpose of determining future increases under section 742.3716 of 928
the Revised Code. 929
(D)(1) This division applies to the following persons who 931
are receiving a pension under division (D) of section 742.37 of 933
the Revised Code: 935
(a) On July 1, 1999, the person is the surviving spouse of 939
a deceased member of the fund and is not receiving a benefit 940
under division (B) or (D) of section 742.63 of the Revised Code. 941
(b) No later than one year after July 1, 1999, the person 944
is the surviving spouse of a deceased member of the fund who was 946
retired under section 742.37 of the Revised Code with an 947
effective date of retirement before September 16, 1998. 948
(2) The EXCEPT AS PROVIDED IN DIVISION (D)(2) OF THIS 950
SECTION, THE monthly pension of each person WHO IS THE SURVIVING 951
SPOUSE OF A DECEASED MEMBER OF THE FUND AND ON THE EFFECTIVE DATE 952
OF THIS AMENDMENT IS RECEIVING A PENSION OF LESS THAN THE AMOUNT 953
described in division (D)(1) of this section 742.37 OF THE 955
REVISED CODE shall be increased as follows: 956
(a) For the period beginning July 1, 1999 ON THE FIRST DAY 959
OF THE FIRST MONTH FOLLOWING THE EFFECTIVE DATE OF THIS 960
AMENDMENT, and ending June 30, 2000, to five hundred fifty 962
dollars;
(b) For the period beginning July 1, 2000, and the first 965
day of July of each year thereafter and continuing for the 967
following twelve months, to an amount equal to the GREATER OF 968
FIVE HUNDRED FIFTY DOLLARS OR THE monthly amount paid during the 969
prior twelve-month period plus an amount determined by 971
multiplying five hundred fifty dollars by the average percentage 972
change in the consumer price index, not exceeding three per cent, 973
as determined each year by the board of trustees of the Ohio 974
police and fire pension fund under section 742.3716 of the 978
Revised Code. 979
(3) If (2) AN INCREASE UNDER DIVISION (D)(1) OF THIS 982
21
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 986
benefit under division (B) or (D) of section 742.63 of the 988
Revised Code UNTIL THE PERSON ceases to be eligible for a benefit 991
under division (B) or (D) of section 742.63 of the Revised Code, 994
the. THE person's monthly pension shall be increased, effective 996
the first day of the first month following the date on which the 997
person ceases to be eligible for the benefit, to the amount it 998
would be under division (D)(2)(1) of this section had the person 1,000
never been eligible for a benefit under division (B) or (D) of 1,001
section 742.63 of the Revised Code. 1,002
(E) The monthly pension of each person receiving a pension 1,005
under division (E) of section 742.37 of the Revised Code shall be 1,007
increased to one hundred fifty dollars effective July 1, 1999. 1,008
(F) Effective July 1, 1999, the monthly pension of each 1,011
person receiving a pension under division (F) of section 742.37 1,012
of the Revised Code shall be increased as follows: 1,015
(1) If there are two dependent parents, to one hundred 1,017
dollars;
(2) If there is one dependent parent, to two hundred 1,019
dollars.
Section 2. That existing sections 742.37, 742.3711, 1,021
742.3715, 742.3717, and 742.3718 of the Revised Code are hereby 1,024
repealed.
Section 3. Not later than the first day of the second 1,026
month after this act's effective date, the Police and Fire 1,027
Pension Fund shall make a one-time payment in accordance with 1,028
this section. 1,029
(A) To each person who became a surviving spouse after 1,031
December 21, 1998, and is eligible for the pension increase 1,032
provided under Am. Sub. H.B. 194 of the 122nd General Assembly 1,033
that took effect July 1, 1999, the payment shall be one hundred 1,034
forty dollars for each month the person was eligible to receive a 1,035
pension during the period beginning December 22, 1998, and ending 1,036
22
June 30, 1999. 1,037
(B) To each person who is eligible to receive the pension 1,039
increase provided under division (D) of section 742.3718 of the 1,040
Revised Code, as amended by this act, and is not eligible for the 1,041
pension increase provided under Am. Sub. H.B. 194 of the 122nd 1,042
General Assembly that took effect July 1, 1999, the payment shall 1,043
be an amount equal to the difference between the amount the 1,044
surviving spouse of a deceased member of the fund received under 1,045
division (D) of section 742.37 of the Revised Code and the amount 1,046
the surviving spouse would have received under section 742.3718 1,047
of the Revised Code, as amended by this act, had this act gone 1,048
into effect on July 1, 1999.