As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 628 5
1999-2000 6
REPRESENTATIVES HOLLISTER-VAN VYVEN-WILLAMOWSKI-OLMAN-TIBERI 8
_________________________________________________________________ 9
A B I L L
To amend sections 124.24, 145.01, 145.04, 145.05, 10
145.06, 145.07, 145.09, 145.12, 145.14, 145.19, 11
145.20, 145.21, 145.22, 145.23, 145.25, 145.26, 12
145.27, 145.29, 145.297, 145.322, 145.323,
145.325, 145.33, 145.331, 145.34, 145.36, 13
145.361, 145.41, 145.42, 145.45, 145.452, 145.46, 14
145.47, 145.48, 145.491, 145.55, 145.56, 145.563, 15
145.71, 145.72, 145.73, 145.74, 145.75, 145.76,
306.45, 308.15, 2329.66, 2907.15, 2921.41, 16
3105.171, 3105.63, 3375.411, 3381.13, and 17
6121.04; to amend, for the purpose of adopting
new section numbers as indicated in parentheses, 18
sections 145.491 (145.49), 145.53 (145.69), 19
145.59 (145.70), 145.71 (148.01), 145.72
(148.02), 145.73 (148.04), 145.74 (148.06), 20
145.75 (148.09), and 145.76 (148.10); to enact 21
sections 145.091, 145.3213, 145.332, 145.391, 22
145.471, 145.80, 145.81, 145.811, 145.812,
145.813, 145.82, 145.85, 145.86, 145.87, 145.88, 23
145.91, 145.92, 145.95, 145.97, and 145.98; and 24
to repeal sections 145.49, 145.50, and 145.52 of
the Revised Code to increase certain benefits 25
paid by the Public Employees Retirement System 26
(PERS), to provide that the annual cost of living 27
increase paid to retired PERS members and their
survivors will be three per cent, to allow PERS 28
to establish a defined contribution retirement 29
plan, and to relocate the provisions governing
2
the Ohio Deferred Compensation Program. 31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 124.24, 145.01, 145.04, 145.05, 34
145.06, 145.07, 145.09, 145.12, 145.14, 145.19, 145.20, 145.21, 35
145.22, 145.23, 145.25, 145.26, 145.27, 145.29, 145.297, 145.322, 36
145.323, 145.325, 145.33, 145.331, 145.34, 145.36, 145.361, 37
145.41, 145.42, 145.45, 145.452, 145.46, 145.47, 145.48, 145.491, 38
145.55, 145.56, 145.563, 145.71, 145.72, 145.73, 145.74, 145.75, 39
145.76, 306.45, 308.15, 2329.66, 2907.15, 2921.41, 3105.171, 40
3105.63, 3375.411, 3381.13, and 6121.04 be amended; that sections 41
145.491 (145.49), 145.53 (145.69), 145.59 (145.70), 145.71 42
(148.01), 145.72 (148.02), 145.73 (148.04), 145.74 (148.06), 43
145.75 (148.09), and 145.76 (148.10) be amended, for the purpose 44
of adopting new section numbers as indicated in parentheses; and 45
that sections 145.091, 145.3213, 145.332, 145.391, 145.471, 46
145.80, 145.81, 145.811, 145.812, 145.813, 145.82, 145.85, 47
145.86, 145.87, 145.88, 145.91, 145.92, 145.95, 145.97, and 48
145.98 of the Revised Code be enacted to read as follows: 49
Sec. 124.24. Notwithstanding sections 124.01 to 124.64 and 58
145.01 to 145.57 CHAPTER 145. of the Revised Code, the 60
examinations of applicants for the position POSITIONS of deputy 61
mine inspector, superintendent of rescue stations, assistant 62
superintendent of rescue stations, electrical inspectors, gas 63
storage well inspector, and mine chemists in the division of 64
mines and reclamation, department of natural resources, as 65
provided in Chapters 1561., 1563., 1565., and 1567. of the 67
Revised Code shall be provied PROVIDED for, conducted, and 68
administered by the mine examining board created by section 69
1561.10 of the Revised Code.
From the returns of the examinations the mine examining 71
board shall prepare eligible lists of the persons whose general 72
average standing upon examinations for such grade or class is not 73
3
less than the minimum fixed by the rules of said board and who 74
are otherwise eligible. All appointments to the said position 75
shall be made from such eligible list in the same manner as 76
appointments are made from eligible lists prepared by the 77
director of administrative services. Any person upon being 78
appointed to fill one of the positions provided for in this 79
section, from any such eligible list, shall have the same 80
standing, rights, privileges, and status as other state employees 81
in the classified service. 82
Sec. 145.01. As used in this chapter: 91
(A) "Public employee" means: 93
(1) Any person holding an office, not elective, under the 95
state or any county, township, municipal corporation, park 96
district, conservancy district, sanitary district, health 97
district, metropolitan housing authority, state retirement board, 98
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 99
university, or board, bureau, commission, council, committee, 100
authority, or administrative body as the same are, or have been, 101
created by action of the general assembly or by the legislative 102
authority of any of the units of local government named in 103
division (A)(1) of this section, or employed and paid in whole or 104
in part by the state or any of the authorities named in division 105
(A)(1) of this section in any capacity not covered by section 107
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees 109
retirement system and who continues to perform the same or 111
similar duties under the direction of a contractor who has 112
contracted to take over what before the date of the contract was 113
a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the 114
purposes of administering this chapter. 115
(3) Any person who is an employee of a public employer, 117
notwithstanding that the person's compensation for that 118
4
employment is derived from funds of a person or entity other than 119
the employer. Credit for such service shall be included as total 120
service credit, provided that the employee makes the payments 121
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 122
In all cases of doubt, the public employees retirement 124
board shall determine whether any person is a public employee, 125
and its decision is final.
(B) "Member" means any public employee, other than a 127
public employee excluded or exempted from membership in the 128
retirement system by section 145.03, 145.031, 145.032, 145.033, 129
145.034, 145.035, or 145.38 of the Revised Code. "Member" 130
includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also 131
includes a disability benefit recipient. 132
(C) "Head of the department" means the elective or 134
appointive head of the several executive, judicial, and 135
administrative departments, institutions, boards, and commissions 136
of the state and local government as the same are created and 137
defined by the laws of this state or, in case of a charter
government, by that charter. 138
(D) "Employer" or "public employer" means the state or any 140
county, township, municipal corporation, park district, 141
conservancy district, sanitary district, health district, 142
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 143
cemetery, joint hospital, institutional commissary, state medical 144
college, state university, or board, bureau, commission, council, 145
committee, authority, or administrative body as the same are, or 146
have been, created by action of the general assembly or by the 147
legislative authority of any of the units of local government
named in this division not covered by section 3307.01 or 3309.01 148
of the Revised Code. In addition, "employer" means the employer 149
of any public employee.
5
(E) "Prior service" means all service as a public employee 151
rendered before January 1, 1935, and all service as an employee 152
of any employer who comes within the state teachers retirement 153
system or of the school employees retirement system or of any 154
other retirement system established under the laws of this state 155
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 156
other system after that other system was established, credit for 157
the service may be allowed by the public employees retirement 158
system only when the employee has made payment, to be computed on 159
the salary earned from the date of appointment to the date 160
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 161
employer has made payment of the corresponding full liability as 162
provided by section 145.44 of the Revised Code. "Prior service" 163
also means all service credited for active duty with the armed 164
forces of the United States as provided in section 145.30 of the 165
Revised Code.
If an employee who has been granted prior service credit by 167
the public employees retirement system for service rendered prior 168
to January 1, 1935, as an employee of a board of education 169
establishes, before retirement, one year or more of contributing 170
service in the state teachers retirement system or school 171
employees retirement system, then the prior service ceases to be
the liability of this system. 172
If the board determines that a position of any member in 174
any calendar year prior to January 1, 1935, was a part-time 175
position, the board shall determine what fractional part of a 176
year's credit shall be allowed by the following formula: 177
(1) When the member has been either elected or appointed 179
to an office the term of which was two or more years and for 180
which an annual salary is established, the fractional part of the 181
year's credit shall be computed as follows: 182
First, when the member's annual salary is one thousand 184
6
dollars or less, the service credit for each such calendar year 185
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 187
above one thousand dollars, the member's service credit for each 188
such calendar year shall be increased by two and one-half per 189
cent.
(2) When the member is paid on a per diem basis, the 191
service credit for any single year of the service shall be 192
determined by using the number of days of service for which the 193
compensation was received in any such year as a numerator and 194
using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the 196
service credit for any single year of the service shall be 197
determined by using the number of hours of service for which the 198
compensation was received in any such year as a numerator and 199
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 201
the employees' savings fund created by section 145.23 of the 202
Revised Code. WHEN USED IN THE SECTIONS LISTED IN DIVISION (B) 203
OF SECTION 145.82 OF THE REVISED CODE, "CONTRIBUTOR" INCLUDES ANY 204
PERSON PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 145.81 205
OF THE REVISED CODE. 206
(G) "Beneficiary" or "beneficiaries" means the estate or a 208
person or persons who, as the result of the death of a member, 209
contributor, or retirant, qualify for or are receiving some right 210
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 212
section 145.37 of the Revised Code, means all service credited to 213
a member of the retirement system since last becoming a member, 214
including restored service credit as provided by section 145.31 215
of the Revised Code; credit purchased under sections 145.293 and 216
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 217
provided in this chapter; all service credit established pursuant 218
7
to section 145.297 of the Revised Code; and any other service 219
credited under this chapter. In addition, "total service credit" 220
includes any period, not in excess of three years, during which a 221
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 222
of satisfying the service credit requirement and of determining 223
eligibility for benefits under sections 145.32, 145.33, 145.331, 224
145.35, 145.36, and 145.361 of the Revised Code, "five or more 225
years of total service credit" means sixty or more calendar 226
months of contributing service in this system.
(2) "One and one-half years of contributing service 228
credit," as used in division (B) of section 145.45 of the Revised 229
Code, also means eighteen or more calendar months of employment 230
by a municipal corporation that formerly operated its own 231
retirement plan for its employees or a part of its employees, 232
provided that all employees of that municipal retirement plan who 233
have eighteen or more months of such employment, upon 234
establishing membership in the public employees retirement 235
system, shall make a payment of the contributions they would have 236
paid had they been members of this system for the eighteen months 237
of employment preceding the date membership was established. 238
When that payment has been made by all such employee members, a 240
corresponding payment shall be paid into the employers' 241
accumulation fund by that municipal corporation as the employer 242
of the employees. 243
(3) Where a member also is a member of the state teachers 245
retirement system or the school employees retirement system, or 246
both, except in cases of retirement on a combined basis pursuant 247
to section 145.37 of the Revised Code, service credit for any 248
period shall be credited on the basis of the ratio that
contributions to the public employees retirement system bear to 250
total contributions in all state retirement systems. 251
(4) Not more than one year of credit may be given for any 253
period of twelve months. 254
8
(5) "Ohio service credit" means credit for service that 256
was rendered to the state or any of its political subdivisions or 257
any employer.
(I) "Regular or current interest" means interest at any 259
rates for the respective funds and accounts as the public 260
employees retirement board may determine from time to time, 261
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 263
shall discontinue the annual crediting of current interest to the 264
individual accounts of contributors. The noncrediting of current 265
interest shall not affect the rate of interest at retirement 266
guaranteed under division (I) of this section. 267
(2) The rate of interest credited on a contributor's 269
contributions at retirement shall be four per cent per annum, 270
compounded annually, to and including December 31, 1955; three 271
per cent per annum, compounded annually, from January 1, 1956, to 272
and including December 31, 1963; three and one-quarter per cent 273
per annum, compounded annually, from January 1, 1964, to and 274
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 275
In determining the reserve value for the purpose of 277
computing the amount of the contributor's annuity, the rate of 278
interest used in the annuity values shall be four per cent per 279
annum, compounded annually, for contributors retiring before 280
October 1, 1956, and after December 31, 1969; three per cent per 281
annum, compounded annually, for contributors retiring between 283
October 1, 1956, and December 31, 1963; and three and one-quarter 284
per cent per annum, compounded annually, for contributors 285
retiring from January 1, 1964, to December 31, 1969. Interest on 286
contributions from contributors within any one calendar year 287
shall begin on the first day of the calendar year next following 288
and shall be computed at the end of each calendar year, except in 289
the case of a contributor who retires before the end of the year. 290
(J) "Accumulated contributions" means the sum of all 292
9
amounts credited to a contributor's individual account in the 293
employees' savings fund together with any current interest 294
thereon, but does not include the interest adjustment at 295
retirement. 296
(K)(1) "Final average salary" means the quotient obtained 298
by dividing by three the sum of the three full calendar years of 299
contributing service in which the member's earnable salary was 300
highest, except that if the member has a partial year of 301
contributing service in the year the member's employment 302
terminates and the member's earnable salary for the partial year 303
is higher than for any comparable period in the three years, the 304
member's earnable salary for the partial year shall be 305
substituted for the member's earnable salary for the comparable 306
period during the three years in which the member's earnable 307
salary was lowest.
(2) If a member has less than three years of contributing 309
service, the member's final average salary shall be the member's 310
total earnable salary divided by the total number of years, 311
including any fraction of a year, of the member's contributing 312
service.
(3) For the purpose of calculating benefits payable to a 314
member qualifying for service credit under division (Z) of this 315
section, "final average salary" means the total earnable salary 316
on which contributions were made divided by the total number of 317
years during which contributions were made, including any 318
fraction of a year. If contributions were made for less than 319
twelve months, "final average salary" means the member's total 320
earnable salary. 321
(L) "Annuity" means payments for life derived from 323
contributions made by a contributor and paid from the annuity and 324
pension reserve fund as provided in this chapter. All annuities 325
shall be paid in twelve equal monthly installments. 326
(M) "Annuity reserve" means the present value, computed 328
upon the basis of the mortality and other tables adopted by the 329
10
board, of all payments to be made on account of any annuity, or 330
benefit in lieu of any annuity, granted to a retirant as provided 331
in this chapter.
(N)(1) "Disability retirement" means retirement as 333
provided in section 145.36 of the Revised Code. 334
(2) "Disability allowance" means an allowance paid on 336
account of disability under section 145.361 of the Revised Code. 337
(3) "Disability benefit" means a benefit paid as 339
disability retirement under section 145.36 of the Revised Code, 340
as a disability allowance under section 145.361 of the Revised 341
Code, or as a disability benefit under section 145.37 of the 342
Revised Code.
(4) "Disability benefit recipient" means a member who is 344
receiving a disability benefit. 345
(O) "Age and service retirement" means retirement as 347
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 348
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 350
contributions made by the employer that at the time of retirement 351
are credited into the annuity and pension reserve fund from the 352
employers' accumulation fund and paid from the annuity and 353
pension reserve fund as provided in this chapter. All pensions 354
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 356
portion of the benefit derived from contributions made by the 357
member.
(R)(1) Except as otherwise provided in division (R) of 360
this section, "earnable salary" means all salary, wages, and 361
other earnings paid to a contributor by reason of employment in a 362
position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of 363
the amount required to be contributed to the employees' savings 364
fund under section 145.47 of the Revised Code and without regard 365
to whether any of the salary, wages, or other earnings are 366
11
treated as deferred income for federal income tax purposes. 367
"Earnable salary" includes the following:
(a) Payments made by the employer in lieu of salary, 369
wages, or other earnings for sick leave, personal leave, or 370
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 372
sick leave, personal leave, and vacation leave accrued, but not 373
used if the payment is made during the year in which the leave is 375
accrued, except that payments made pursuant to section 124.383 or 376
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 378
consisting of housing, laundry, and meals, as certified to the 379
retirement board by the employer or the head of the department 380
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the 382
Revised Code;
(e) Payments that are made under a disability leave 384
program sponsored by the employer and for which the employer is 385
required by section 145.296 of the Revised Code to make periodic 386
employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) 388
of this section.
(2) "Earnable salary" does not include any of the 390
following:
(a) Fees and commissions, other than those paid under 392
section 507.09 of the Revised Code, paid as sole compensation for 393
personal services and fees and commissions for special services 394
over and above services for which the contributor receives a 395
salary;
(b) Amounts paid by the employer to provide life 397
insurance, sickness, accident, endowment, health, medical, 398
hospital, dental, or surgical coverage, or other insurance for 399
the contributor or the contributor's family, or amounts paid by 400
the employer to the contributor in lieu of providing the
12
insurance;
(c) Incidental benefits, including lodging, food, laundry, 402
parking, or services furnished by the employer, or use of the 403
employer's property or equipment, or amounts paid by the employer 404
to the contributor in lieu of providing the incidental benefits; 405
(d) Reimbursement for job-related expenses authorized by 407
the employer, including moving and travel expenses and expenses 408
related to professional development; 409
(e) Payments for accrued but unused sick leave, personal 411
leave, or vacation that are made at any time other than in the 413
year in which the sick leave, personal leave, or vacation was 414
accrued;
(f) Payments made to or on behalf of a contributor that 416
are in excess of the annual compensation that may be taken into 417
account by the retirement system under division (a)(17) of 418
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 419
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 421
5923.05 of the Revised Code or Section 4 of Substitute Senate 422
Bill No. 3 of the 119th general assembly; 423
(h) Anything of value received by the contributor that is 425
based on or attributable to retirement or an agreement to retire, 426
except that payments made on or before January 1, 1989, that are 427
based on or attributable to an agreement to retire shall be 428
included in earnable salary if both of the following apply: 429
(i) The payments are made in accordance with contract 431
provisions that were in effect prior to January 1, 1986; 432
(ii) The employer pays the retirement system an amount 434
specified by the retirement board equal to the additional 435
liability resulting from the payments. 436
(3) The retirement board shall determine by rule whether 438
any compensation not enumerated in division (R) of this section 439
is earnable salary, and its decision shall be final. 441
(S) "Pension reserve" means the present value, computed 443
13
upon the basis of the mortality and other tables adopted by the 444
board, of all payments to be made on account of any retirement 445
allowance or benefit in lieu of any retirement allowance, granted 446
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 448
to a member of the system since January 1, 1935, for which 449
contributions are made as required by sections 145.47, 145.48, 450
and 145.483 of the Revised Code. In any year subsequent to 1934, 451
credit for any service shall be allowed by the following formula: 452
(a) For each month for which the member's earnable salary 454
is two hundred fifty dollars or more, allow one month's credit. 455
(b) For each month for which the member's earnable salary 457
is less than two hundred fifty dollars, allow a fraction of a 458
month's credit. The numerator of this fraction shall be the 459
earnable salary during the month, and the denominator shall be 460
two hundred fifty dollars, except that if the member's annual 461
earnable salary is less than six hundred dollars, the member's
credit shall not be reduced below twenty per cent of a year for a 462
calendar year of employment during which the member worked each 463
month. Division (T)(1)(b) of this section shall not reduce any 465
credit earned before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an 467
elected official who prior to January 1, 1980, was granted a full 468
year of credit for each year of service as an elected official 469
shall be considered to have earned a full year of credit for each 470
year of service regardless of whether the service was full-time 471
or part-time. The public employees retirement board has no
authority to reduce the credit. 472
(U) "State retirement board" means the public employees 474
retirement board, the school employees retirement board, or the 475
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 477
receiving a monthly allowance as provided in sections 145.32, 478
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 479
14
(W) "Employer contribution" means the amount paid by an 481
employer as determined by the employer rate including the normal 482
and deficiency contribution rates UNDER SECTION 145.48 OF THE 483
REVISED CODE. 484
(X) "Public service terminates" means the last day for 486
which a public employee is compensated for services performed for 487
an employer or the date of the employee's death, whichever occurs 488
first.
(Y) When a member has been elected or appointed to an 490
office, the term of which is two or more years, for which an 491
annual salary is established, and in the event that the salary of 492
the office is increased and the member is denied the additional 493
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 494
to have the amount of the member's contributions calculated upon 495
the basis of the increased salary for the office. At the 496
member's request, the board shall compute the total additional 497
amount the member would have contributed, or the amount by which 498
each of the member's contributions would have increased, had the 499
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 500
member's contribution would have increased withheld from the 501
member's salary, the member shall notify the employer, and the 502
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 503
amount withheld may elect at any time to make a payment to the 504
retirement system equal to the additional amount the member's 505
contribution would have increased, plus interest on that 506
contribution, compounded annually at a rate established by the 507
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 508
payment. A member may make a payment for part of the period for 509
which the increased contribution was not withheld, in which case 510
the interest shall be computed from the date the last 511
15
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 512
contributions as provided in this division, the increased annual 513
salary as provided by law for the office for the period for which 514
the member paid increased contributions thereon shall be used in 515
determining the member's earnable salary for the purpose of 516
computing the member's final average salary.
(Z) "Five years of service credit," for the exclusive 518
purpose of satisfying the service credit requirements and of 519
determining eligibility for benefits under section 145.33 of the 520
Revised Code, means employment covered under this chapter or 521
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter or under a 522
combination of the coverage. 524
(AA) "Deputy sheriff" means any person who is commissioned 526
and employed as a full-time peace officer by the sheriff of any 527
county, and has been so employed since on or before December 31, 528
1965, and whose primary duties are to preserve the peace, to 529
protect life and property, and to enforce the laws of this state; 530
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 531
and who has received a certificate attesting to the person's 532
satisfactory completion of the peace officer training school as 533
required by section 109.77 of the Revised Code and whose primary 534
duties are to preserve the peace, protect life and property, and 535
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 536
the Revised Code as a criminal bailiff or court constable who has 537
received a certificate attesting to the person's satisfactory 538
completion of the peace officer training school as required by 539
section 109.77 of the Revised Code and whose primary duties are 540
to preserve the peace, protect life and property, and enforce the 541
laws of this state.
(BB) "Township constable or police officer in a township 543
16
police department or district" means any person who is 544
commissioned and employed as a full-time peace officer pursuant 545
to Chapter 505. or 509. of the Revised Code, who has received a 546
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 547
of the Revised Code, and whose primary duties are to preserve the 548
peace, protect life and property, and enforce the laws of this 549
state.
(CC) "Drug agent" means any person who is either of the 551
following:
(1) Employed full-time as a narcotics agent by a county 553
narcotics agency created pursuant to section 307.15 of the 554
Revised Code and has received a certificate attesting to the 555
satisfactory completion of the peace officer training school as 556
required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as 558
defined in section 109.79 of the Revised Code and is in 559
compliance with section 109.77 of the Revised Code. 560
(DD) "Department of public safety enforcement agent" means 562
a full-time employee of the department of public safety who is 564
designated under section 5502.14 of the Revised Code as an 566
enforcement agent and who is in compliance with section 109.77 of 568
the Revised Code.
(EE) "Natural resources law enforcement staff officer" 570
means a full-time employee of the department of natural resources 571
who is designated a natural resources law enforcement staff 572
officer under section 1501.013 of the Revised Code and is in 575
compliance with section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the 577
department of natural resources who is designated a park officer 579
under section 1541.10 of the Revised Code and is in compliance 580
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the 582
department of natural resources who is designated a forest 584
17
officer under section 1503.29 of the Revised Code and is in 585
compliance with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time employee of the 588
department of natural resources who is designated a preserve 589
officer under section 1517.10 of the Revised Code and is in 591
compliance with section 109.77 of the Revised Code. 593
(II) "Wildlife officer" means a full-time employee of the 595
department of natural resources who is designated a wildlife 597
officer under section 1531.13 of the Revised Code and is in 598
compliance with section 109.77 of the Revised Code. 599
(JJ) "State watercraft officer" means a full-time employee 602
of the department of natural resources who is designated a state 603
watercraft officer under section 1547.521 of the Revised Code and 604
is in compliance with section 109.77 of the Revised Code. 605
(KK) "Park district police officer" means a full-time 607
employee of a park district who is designated pursuant to section 609
511.232 or 1545.13 of the Revised Code and is in compliance with 610
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time 612
employee of a conservancy district who is designated pursuant to 614
section 6101.75 of the Revised Code and is in compliance with 615
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the 617
organized police department of a municipal corporation who is 619
employed full-time, is in compliance with section 109.77 of the 620
Revised Code, and is not a member of the Ohio police and fire 621
pension fund. 622
(NN) "Ohio veterans' home police officer" means any person 625
who is employed at the Ohio veterans' home as a police officer 626
pursuant to section 5907.02 of the Revised Code and is in 627
compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health 629
institution" means any person who is designated as such pursuant 631
to section 5119.14 of the Revised Code and is in compliance with 632
18
section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the 634
mentally retarded and developmentally disabled" means any person 636
who is designated as such pursuant to section 5123.13 of the 637
Revised Code and is in compliance with section 109.77 of the 638
Revised Code.
(QQ) "State university law enforcement officer" means any 640
person who is employed full-time as a state university law 642
enforcement officer pursuant to section 3345.04 of the Revised 643
Code and who is in compliance with section 109.77 of the Revised 644
Code.
(RR) "Hamilton county municipal court bailiff" means a 646
person appointed by the clerk of courts of the Hamilton county 648
municipal court under division (A)(3) of section 1901.32 of the 649
Revised Code who is employed full-time as a bailiff or deputy 650
bailiff, who has received a certificate attesting to the person's 651
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 652
and whose primary duties are to preserve the peace, to protect 653
life and property, and to enforce the laws of this state. 654
(SS) Notwithstanding section 2901.01 of the Revised Code, 656
"law enforcement officer" means a sheriff, deputy sheriff, 658
township constable or police officer in a township police 659
department or district, drug agent, department of public safety 660
enforcement agent, natural resources law enforcement staff
officer, park officer, forest officer, preserve officer, wildlife 662
officer, state watercraft officer, park district police officer, 663
conservancy district officer, Ohio veterans' home police officer, 664
special police officer for a mental health institution, special 665
police officer for an institution for the mentally retarded and 666
developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal 667
police officer.
(TT) "Fiduciary" means a person who does any of the 669
19
following: 670
(1) Exercises any discretionary authority or control with 672
respect to the management of the system or with respect to the 673
management or disposition of its assets; 674
(2) Renders investment advice for a fee, direct or 676
indirect, with respect to money or property of the system; 677
(3) Has any discretionary authority or responsibility in 679
the administration of the system. 680
(UU) "Actuary" means an individual who satisfies all of 682
the following requirements: 684
(1) Is a member of the American academy of actuaries; 686
(2) Is an associate or fellow of the society of actuaries; 688
(3) Has a minimum of five years' experience in providing 690
actuarial services to public retirement plans. 691
Sec. 145.04. The general administration and management of 700
the public employees retirement system and the making effective 701
of sections 145.01 to 145.59 CHAPTER 145. of the Revised Code, 703
are hereby vested in a board to be known as the "public employees 704
retirement board," which shall consist of nine members as 705
follows:
(A) The attorney general; 707
(B) The auditor of state; 709
(C) The director of administrative services; 711
(D) Five members, known as employee members, one of whom 713
shall be a state employee member of the system, who shall be 714
elected by ballot by the state employee members of the system 715
from among their number; another of whom shall be a county 716
employee member of the system, who shall be elected by ballot by 717
the county employee members of the system from among their 718
number; another of whom shall be a municipal employee member of 719
the system, who shall be elected by ballot by the municipal 720
employee members of the system from among their number; another 721
of whom shall be a university or college employee member of the 722
system, who shall be elected by ballot by the university and 723
20
college employee members of the system from among their number; 724
and another of whom shall be a park district, conservancy 725
district, sanitary district, health district, public library, 726
township, metropolitan housing authority, union cemetery, joint 727
hospital, or institutional commissary employee member of the 728
system, who shall be elected by ballot by the park district, 729
conservancy district, sanitary district, health district, 730
metropolitan housing authority, township, public library, union 731
cemetery, joint hospital, and institutional commissary employee 732
members of the system from among their number, in a manner to be 733
approved by the board. Members of the system who are receiving a 734
disability benefit under this chapter are ineligible for 735
membership on the board as employee members. 736
(E) One member, known as the retirant member, who shall be 738
a former member of the public employees retirement system who is 739
A RESIDENT OF THIS STATE AND a recipient of AGE AND service 740
retirement benefits under this chapter and a resident of this 742
state, or a member of the system who is a recipient of a 743
disability benefit under this chapter and a resident of this 744
state, OR BENEFITS PAID UNDER A PLAN ESTABLISHED UNDER SECTION 745
145.81 OF THE REVISED CODE. The retirant member shall be elected 746
by ballot by former members of the system who are receiving AGE 747
AND service retirement benefits under this chapter and members of 749
the system who are receiving, a disability benefit under this 750
chapter, OR BENEFITS PAID UNDER A PLAN ESTABLISHED UNDER SECTION 752
145.81 OF THE REVISED CODE.
Sec. 145.05. (A) The terms of office of employee members 761
of the public employees retirement board shall be for four years 762
each beginning on the first day of January following election. 763
The election of the county employee member of the board and the 764
employee member of the board representing public library, health 765
district, park district, conservancy district, sanitary district, 766
township, metropolitan housing authority, union cemetery, joint 767
hospital, and institutional commissary employees shall be held on 768
21
the first Monday in October, 1945, and on the first Monday in 769
October in each fourth year thereafter. The election of the 770
state employee member of the board and the municipal employee 771
member of the board shall be held on the first Monday in October, 772
1946, and on the first Monday in October in each fourth year 773
thereafter. The election of the initial university-college 774
employee member of the board shall be held on the first Monday in 775
October, 1978, and elections for subsequent university-college 776
employee members of the board shall be held on the first Monday 777
in October in each fourth year thereafter. 778
(B) The term of office of the retirant member of the 780
public employees retirement board shall be for four years 781
beginning on the first day of January following the election. The 783
election of the initial retirant member of the board shall be
held on the first Monday in October, 1978, and elections for 784
subsequent retirant members of the board shall be held on the 785
first Monday in October in each fourth year thereafter. 786
(C) All elections for employee members of the public 788
employees retirement board shall be held under the direction of 789
the board. Any member of the public employees retirement system, 790
except a member who is receiving a disability benefit under this 791
chapter, is eligible for election as an employee member of the 792
board to represent the employee group of which he is a THAT 793
INCLUDES THE member, provided that he THE MEMBER has been 795
nominated by a petition signed by at least five hundred members 797
of the employee group to be represented and further provided that 798
there shall be not less than twenty such signers from each of at 799
least ten counties of the state. The name of any member so 800
nominated shall be placed upon the ballot by the board as a 801
regular candidate. Names of other eligible candidates may, at 802
any election, be substituted for the regular candidates by 803
writing such names upon the ballots. The candidate who receives 804
the highest number of votes for a particular employee member 805
position on the board shall be elected to that office. 806
22
(D) All elections for the retirant member of the public 808
employees retirement board shall be held under the direction of 809
the board. Any former member of the public employees retirement 810
system who is a recipient of service retirement benefits under 811
this chapter and a resident of this state, and any member of the 812
system who is a recipient of a disability benefit under this 813
chapter and a resident of this state, DESCRIBED IN DIVISION (E) 815
OF SECTION 145.04 OF THE REVISED CODE is eligible for election as 816
the retirant member of the board to represent the RECIPIENTS OF 817
AGE AND service retirants and RETIREMENT, A disability benefit 819
recipients of the system, OR BENEFITS PAID UNDER A PLAN 821
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, provided 823
that such person has been nominated by a petition signed by at 824
least two hundred fifty former members of the system who are 825
receiving RECIPIENTS OF AGE AND service retirement benefits under 826
this chapter or members of the system who are receiving, a 827
disability benefit, OR BENEFITS PAID under this chapter A PLAN 829
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, or any 830
combination of such service retirants and disability benefit 832
recipients that totals two hundred fifty. The petition shall 833
contain the signatures of at least ten such retirants or 834
recipients from each of at least five counties wherein service 835
retirants or disability benefit recipients under OF BENEFITS FROM 836
the system reside. 837
The name of any disability benefit recipient or service 839
retirant under the system PERSON nominated in this manner shall 840
be placed upon the ballot by the board as a regular candidate. 841
Names of other eligible candidates may, at any election for the 842
retirant member of the board, be substituted for the regular 843
candidates by writing the names of such persons upon the ballot. 844
The candidate who receives the highest number of votes for any 845
term as the retirant member of the board shall be elected to 846
office. 847
Sec. 145.06. (A) If a vacancy occurs in the term of any 856
23
employee member of the public employees retirement board, the 857
remaining members of the board shall elect an employee member 858
from the employee group lacking representation because of the 859
vacancy for the unexpired term. 860
Any employee member of the board who fails to attend the 862
meetings of the board for three months or longer, without valid 863
excuse, shall be considered as having resigned, and the board 864
shall declare his THE EMPLOYEE MEMBER'S office vacated as of the 865
date of the adoption of a proper resolution. 867
(B) If a vacancy occurs during the term of office of the 869
retirant member of the board, the remaining members of the board 870
shall elect a successor retirant member who shall hold office for 871
the remainder of the predecessor retirant member's term. The 872
successor retirant member shall be a former member of the public 873
employees retirement system who is a recipient of service 874
retirement benefits under this chapter and a resident of this 875
state, or a member of the system who is a recipient of a 876
disability benefit under this chapter and a resident of this 877
state ELIGIBLE FOR ELECTION UNDER SECTION 145.04 OF THE REVISED 879
CODE AS THE RETIRANT MEMBER OF THE BOARD.
If a retirant member of the board fails to attend the 881
meetings of the board for three months or longer, without valid 882
excuse, he THE RETIRANT MEMBER shall be considered as having 883
resigned, and the board shall declare his THE MEMBER'S office 885
vacated as of the date of the adoption of a proper resolution. 887
If as a result of changed circumstances the retirant member 889
would no longer qualify for membership on the board as the 890
retirant member, his THE RETIRANT MEMBER'S office shall be 891
considered vacant, and a successor retirant member shall be 893
chosen in the manner specified in this division. 894
(C) If a person elected to serve on the board is unable to 896
assume office at the January meeting of the board following his 897
or her THE PERSON'S election, a special election shall be held in 898
accordance with the provisions of section 145.05 of the Revised 900
24
Code within three months of the January meeting and the newly 901
elected person shall assume office at the meeting of the board 902
immediately following the special election. 903
Sec. 145.07. Each member of the public employees 912
retirement board, upon assuming office, shall take an oath that 913
he THE MEMBER will support the constitution of the United States 914
and the constitution of the state, and that he THE MEMBER will 916
diligently and honestly administer the affairs of the board and 918
that he THE MEMBER will not knowingly violate or willfully permit 920
to be violated sections 145.01 to 145.58 ANY PROVISION of the 921
Revised Code THIS CHAPTER. Such oath shall be subscribed to by 923
the member making it, and certified by the officer before whom it 924
is taken, and shall be immediately filed in the office of the 925
secretary of state. A majority of the members of the board 926
constitutes a quorum. All meetings of the board shall be open to 927
the public except executive sessions as set forth in division (G) 928
of section 121.22 of the Revised Code, and any portions of any 929
sessions discussing medical records or the degree of disability 930
of a member excluded from public inspection by section 145.27 of 931
the Revised Code.
Sec. 145.09. The public employees retirement board shall 940
elect from its membership a chairperson, and shall appoint an 942
executive director who shall serve as secretary to the board, an 943
actuary, and other employees as necessary for the transaction of 944
the business of the public employees retirement system. The 945
compensation of all persons so appointed shall be fixed by the 946
board. Every expense voucher of an employee, officer, or board 947
member of the public employees retirement system shall itemize 948
all purchases and expenditures. 949
The board shall perform other functions as required for the 951
proper execution of sections 145.01 to 145.58 of the Revised Code 953
THIS CHAPTER, and may adopt rules IN ACCORDANCE WITH SECTION 954
111.15 OF THE REVISED CODE for the proper administration and 955
management of sections 145.01 to 145.58 of the Revised Code THIS 956
25
CHAPTER. 957
The attorney general shall prescribe procedures for the 959
adoption of rules authorized under this chapter, consistent with 960
the provision of section 111.15 of the Revised Code under which 961
all rules shall be filed in order to be effective. Such 962
procedures shall establish methods by which notice THE BOARD MAY 963
TAKE ALL APPROPRIATE ACTION TO AVOID PAYMENT BY THE SYSTEM OR ITS 964
MEMBERS OF FEDERAL OR STATE INCOME TAXES ON CONTRIBUTIONS TO THE 965
SYSTEM OR AMOUNTS EARNED ON SUCH CONTRIBUTIONS. 966
NOTICE of proposed rules is SHALL BE given to interested 969
parties and rules adopted by the board SHALL BE published and 970
otherwise made available. When it files a rule with the joint 971
committee on agency rule review pursuant to section 111.15 of the 972
Revised Code, the board shall submit to the Ohio retirement study 974
council a copy of the full text of the rule, and if applicable, a 976
copy of the rule summary and fiscal analysis required by division 977
(B) of section 127.18 of the Revised Code. 980
The board may sue and be sued, plead and be impleaded, 982
contract and be contracted with. All of its business shall be 983
transacted, all of its funds invested, all warrants for money 984
drawn and payments made, and all of its cash and securities and 985
other property shall be held in the name of the board, or in the 986
name of its nominee, provided that nominees are authorized by 987
retirement board resolution for the purpose of facilitating the 988
ownership and transfer of investments and restricted to members 989
of the board, the executive director, and designated members of 990
the staff, or a partnership composed of any of the foregoing 991
persons. 992
Sec. 145.091. THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL 994
CONSIST OF THE PLAN DESCRIBED IN SECTIONS 145.201 TO 145.70 OF 995
THE REVISED CODE AND, IF ESTABLISHED, THE PLAN OR PLANS 996
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE. 997
Sec. 145.12. The public employees retirement board shall 1,006
prepare and submit to the board of county commissioners and 1,007
26
county auditor of each county, to the executive head of each 1,008
municipal corporation, park district, conservancy district, 1,009
health district, and metropolitan housing authority, to the board 1,010
of township trustees of each township, and to the board of 1,011
trustees of each public library, and to each employer, except the 1,012
state of Ohio, mentioned in division (D) of section 145.01 of the 1,013
Revised Code, prior to the fifteenth day of July of each year, a 1,014
certification of the rate necessary to pay the obligation of each 1,015
county, municipal corporation, park district, conservancy 1,016
district, health district, township, metropolitan housing 1,017
authority, or public library accruing during the year beginning 1,018
the first day of January of the following year, and shall submit 1,019
to the budget commission of each county a copy of such statement 1,020
for said county and for each municipal corporation, township, and 1,021
public library within such county. The rate so certified to each 1,022
county, township, public library, and municipal corporation shall 1,023
be a percentage of the earnable salary of all contributors in the 1,024
employ of such employer, and an amount determined by multiplying 1,025
the total annual earnable salary of all such contributors 1,026
employed by the employer by such rate and the amount so 1,027
determined shall be included in its budget and allowed by the 1,028
budget commission. 1,029
The board of county commissioners of each county, the 1,031
legislative authority of each municipal corporation, the board of 1,032
commissioners of any park district, the board of directors of any 1,033
conservancy district, the members of any metropolitan housing 1,034
authority, the fiscal officers of any health district, the board 1,035
of township trustees of each township, and the board of trustees 1,036
of each public library shall appropriate sufficient funds to 1,037
provide for such obligations. 1,038
The board of county commissioners of each county, the 1,040
legislative authority of each municipal corporation, the board of 1,041
commissioners of any park district, the board of directors of any 1,042
conservancy district, the members of any metropolitan housing 1,043
27
authority, the fiscal officers of any health district, the board 1,044
of township trustees of each township, and the board of trustees 1,045
of each public library may reimburse the fund from which such 1,046
appropriation is made by transferring to such fund from any other 1,047
fund of such subdivision the proportionate amount of such 1,048
appropriation that should be chargeable to such fund whether such 1,049
fund is derived from taxation or otherwise. 1,050
Such payment may be made directly out of any funds, whether 1,052
derived from taxation or otherwise, from which the salaries or 1,053
compensation of public employees, on account of whom such 1,054
payments are to be made, are payable. Upon certification by the 1,055
public employees retirement board of the amount due by an 1,056
employer within any county who is subject to sections 145.01 to 1,057
145.59 of the Revised Code THIS CHAPTER, such payment shall be 1,058
made from any fund or funds in the hands of the county auditor 1,060
for distribution to such employer. 1,061
Sec. 145.14. For the purpose of meeting disbursements for 1,070
annuities and other payments in excess of the receipts, there 1,071
shall be kept available by the treasurer of state an amount not 1,072
exceeding ten per cent of the total amount in the funds provided 1,073
for by sections 145.01 to 145.57, inclusive, of the Revised Code, 1,075
THIS CHAPTER on deposit in any bank or banks in this state,
organized under the laws thereof, or under the laws of the United 1,077
States, or with any trust company or trust companies incorporated 1,078
by the law of this state. Said banks or trust companies shall 1,079
furnish adequate security for said deposit. The sum so deposited 1,080
in any one bank or trust company shall not exceed twenty-five per
cent of the paid-up capital and surplus of said bank or trust 1,081
company.
Sec. 145.19. Except as provided in sections 145.01 to 1,090
145.57, inclusive, of the Revised Code THIS CHAPTER, no member or 1,092
employee of the public employees retirement board shall have any 1,094
interest direct or indirect in the gains or profits of any 1,095
investment made by the board nor as such directly or indirectly
28
receive any pay or emolument of his THE MEMBER'S OR EMPLOYEE'S 1,096
services. No member or person connected with the board directly 1,098
or indirectly, for himself SELF or as an agent or partner of 1,099
others, shall borrow any of its funds or deposits or in any 1,100
manner use the same except to make such current and necessary 1,101
payments as are authorized by the board. No member or employee 1,102
shall become an indorser or surety or become in any manner an 1,103
obligor for moneys loaned by or borrowed from the board.
Sec. 145.20. Any elective official of the state of Ohio or 1,112
of any political subdivision thereof having employees in the 1,113
public employees retirement system shall be considered as an 1,114
employee of the state or such political subdivision, and may 1,115
become a member of the system upon application to the public 1,116
employees retirement board, with all the rights, privileges, and 1,117
obligations of membership. Service as any such elective official 1,118
by any member of the system rendered prior to January 1, 1935, 1,119
shall be included as prior service, provided the member has 1,120
completed three years of contributing service, or the equivalent 1,121
thereof, in the public employees retirement system subsequent to 1,122
the date that membership is established. 1,123
Credit for service between January 1, 1935, and the date 1,125
that membership is established, except service as an elective 1,126
official that was subject to the tax on wages imposed by the 1,127
"Federal Insurance Contributions Act," 68A Stat. 415 (1954), 26 1,128
U.S.C.A. 3101, as amended, may be secured by the elective 1,129
official provided he THE ELECTIVE OFFICIAL pays into the 1,130
employees' savings fund an amount determined by applying the 1,132
member contribution rate in effect at the time of payment to the 1,133
earnable salary of the member during all periods of service after 1,134
January 1, 1935, covered by sections 145.01 to 145.59 of the 1,135
Revised Code THIS CHAPTER, for which contributions have not been 1,137
paid, plus interest on such amount compounded annually at a rate 1,138
to be determined by the board, and completes one and one-half 1,139
years of contributing membership in the public employees 1,140
29
retirement system subsequent to the date membership was 1,141
established. The member may choose to purchase only part of such 1,142
credit in any one payment. The public employees retirement board 1,143
shall determine the amount and manner of payment of such 1,144
contributions. In the event of death or withdrawal from service, 1,145
the payment into the employees' savings fund for such service 1,146
credit shall be considered as accumulated contributions of the 1,147
member.
Sec. 145.21. The public employees retirement board shall 1,156
provide for the maintenance of an individual account with each 1,157
contributor showing the amount of his THE CONTRIBUTOR'S 1,158
contributions and the interest accumulations thereon. It shall 1,159
collect and keep in convenient form such data as is necessary for 1,160
the preparation of the required mortality and service tables, and 1,161
for an actuarial valuation of the assets and liabilities of the 1,162
various funds created by sections 145.01 to 145.59 of the Revised 1,164
Code THIS CHAPTER. Upon the basis of the mortality and service 1,165
experience of the members, contributors, retirants, and 1,166
beneficiaries of the public employees retirement system, the 1,167
board shall adopt from time to time such tables as are deemed 1,168
necessary for valuation purposes and for determining the amount 1,169
of annuities to be allowed on the basis of the contributions.
Sec. 145.22. (A) The public employees retirement board 1,178
shall have prepared annually by or under the supervision of an 1,179
actuary an actuarial valuation of the pension assets, 1,180
liabilities, and funding requirements of the public employees 1,181
retirement system as established pursuant to sections 145.01 to 1,183
145.59 of the Revised Code THIS CHAPTER. The actuary shall
complete the valuation in accordance with actuarial standards of 1,185
practice promulgated by the actuarial standards board of the 1,186
American academy of actuaries and prepare a report of the 1,187
valuation. The report shall include all of the following: 1,188
(1) A summary of the benefit provisions evaluated; 1,190
(2) A summary of the census data and financial information 1,192
30
used in the valuation; 1,193
(3) A description of the actuarial assumptions, actuarial 1,195
cost method, and asset valuation method used in the valuation, 1,196
including a statement of the assumed rate of payroll growth and 1,197
assumed rate of growth or decline in the number of members 1,198
contributing to the retirement system;
(4) A summary of findings that includes a statement of the 1,200
actuarial accrued pension liabilities and unfunded actuarial 1,201
accrued pension liabilities; 1,202
(5) A schedule showing the effect of any changes in the 1,204
benefit provisions, actuarial assumptions, or cost methods since 1,205
the last annual actuarial valuation; 1,206
(6) A statement of whether contributions to the retirement 1,208
system are expected to be sufficient to satisfy the funding 1,209
objectives established by the board. 1,210
The board shall submit the report to the Ohio retirement 1,212
study commission COUNCIL and the standing committees of the house 1,214
of representatives and the senate with primary responsibility for 1,215
retirement legislation not later than the first day of November 1,216
following the year for which the valuation was made.
(B) At such time as the public employees retirement board 1,218
determines, and at least once in each five-year period, the board 1,220
shall have prepared by or under the supervision of an actuary an 1,221
actuarial investigation of the mortality, service, and other 1,222
experience of the members, retirants, contributors, and 1,223
beneficiaries of the system to update the actuarial assumptions 1,224
used in the actuarial valuation required by division (A) of this 1,225
section. The actuary shall prepare a report of the actuarial 1,226
investigation. The report shall be prepared and any recommended 1,227
changes in actuarial assumptions shall be made in accordance with 1,228
the actuarial standards of practice promulgated by the actuarial 1,229
standards board of the American academy of actuaries. The report 1,230
shall include all of the following:
(1) A summary of relevant decrement and economic 1,232
31
assumption experience observed over the period of the 1,233
investigation;
(2) Recommended changes in actuarial assumptions to be 1,235
used in subsequent actuarial valuations required by division (A) 1,237
of this section;
(3) A measurement of the financial effect of the 1,239
recommended changes in actuarial assumptions. 1,240
The board shall submit the report to the Ohio retirement 1,243
study commission and the standing committees of the house of 1,244
representatives and the senate with primary responsibility for 1,245
retirement legislation not later than the first day of November 1,246
following the last fiscal year of the period the report covers.
(C) The board may at any time request the actuary to make 1,248
any studies or actuarial valuations to determine the adequacy of 1,250
the normal and deficiency rates of contribution provided by RATE 1,251
DETERMINED UNDER section 145.48 of the Revised Code, and those 1,253
rates may be adjusted by the board, as recommended by the 1,254
actuary, effective as of the first of any year thereafter. 1,255
(D) The board shall have prepared by or under the 1,257
supervision of an actuary an actuarial analysis of any introduced 1,258
legislation expected to have a measurable financial impact on the 1,259
retirement system. The actuarial analysis shall be completed in 1,260
accordance with the actuarial standards of practice promulgated 1,261
by the actuarial standards board of the American academy of 1,262
actuaries. The actuary shall prepare a report of the actuarial 1,263
analysis, which shall include all of the following: 1,264
(1) A summary of the statutory changes that are being 1,266
evaluated;
(2) A description of or reference to the actuarial 1,268
assumptions and actuarial cost method used in the report; 1,269
(3) A description of the participant group or groups 1,271
included in the report; 1,272
(4) A statement of the financial impact of the 1,274
legislation, including the resulting increase, if any, in the 1,275
32
employer normal cost percentage; the increase, if any, in 1,276
actuarial accrued liabilities; and the per cent of payroll that 1,277
would be required to amortize the increase in actuarial accrued
liabilities as a level per cent of covered payroll for all active 1,278
members over a period not to exceed thirty years; 1,279
(5) A statement of whether the scheduled contributions to 1,281
the system after the proposed change is enacted are expected to 1,282
be sufficient to satisfy the funding objectives established by 1,283
the board.
Not later than sixty days from the date of introduction of 1,285
the legislation, the board shall submit a copy of the actuarial 1,286
analysis to the legislative budget office of the legislative 1,287
service commission, the standing committees of the house of 1,288
representatives and the senate with primary responsibility for 1,289
retirement legislation, and the Ohio retirement study commission. 1,290
(E) The board shall have prepared annually a report giving 1,293
a full accounting of the revenues and costs relating to the 1,294
provision of benefits under sections 145.325 and 145.58 of the 1,295
Revised Code. The report shall be made as of December 31, 1997, 1,296
and the thirty-first day of December of each year thereafter. 1,298
The report shall include the following:
(1) A description of the statutory authority for the 1,300
benefits provided; 1,301
(2) A summary of the benefits; 1,303
(3) A summary of the eligibility requirements for the 1,305
benefits; 1,306
(4) A statement of the number of participants eligible for 1,308
the benefits; 1,309
(5) A description of the accounting, asset valuation, and 1,311
funding method used to provide the benefits; 1,312
(6) A statement of the net assets available for the 1,314
provision of the benefits as of the last day of the fiscal year; 1,316
(7) A statement of any changes in the net assets available 1,319
for the provision of benefits, including participant and employer 1,320
33
contributions, net investment income, administrative expenses, 1,321
and benefits provided to participants, as of the last day of the 1,322
fiscal year;
(8) For the last six consecutive fiscal years, a schedule 1,324
of the net assets available for the benefits, the annual cost of 1,326
benefits, administrative expenses incurred, and annual employer 1,327
contributions allocated for the provision of benefits; 1,328
(9) A description of any significant changes that affect 1,330
the comparability of the report required under this division; 1,332
(10) A statement of the amount paid under division (D) of 1,334
section 145.58 of the Revised Code. 1,335
The board shall submit the report to the Ohio retirement 1,337
study commission and the standing committees of the house of 1,338
representatives and the senate with primary responsibility for 1,339
retirement legislation not later than the thirtieth day of June 1,341
following the year for which the report was made.
Sec. 145.23. The funds hereby created are the employees' 1,350
savings fund, the employers' accumulation fund, the annuity and 1,351
pension reserve fund, the income fund, the survivors' benefit 1,352
fund, THE DEFINED CONTRIBUTION FUND, and the expense fund. 1,353
(A) The employees' savings fund is the fund in which shall 1,355
be accumulated contributions from the earnable salaries of 1,356
contributors for the purchase of annuities or retirement 1,357
allowances. 1,358
The accumulated contributions of a contributor returned to 1,360
him THE CONTRIBUTOR upon his withdrawal, or paid to his THE 1,362
CONTRIBUTOR'S estate or designated beneficiary in the event of 1,363
his death, shall be paid from the employees' savings fund. Any 1,364
accumulated contributions forfeited by failure of a member, or 1,365
his A MEMBER'S estate, to claim the same, shall be transferred 1,367
from the employees' savings fund to the income fund. The 1,368
accumulated contributions of a contributor shall be transferred 1,369
from the employees' savings fund to the annuity and pension 1,370
reserve fund in the event of his THE CONTRIBUTOR'S retirement. 1,371
34
(B) The employers' accumulation fund is the fund in which 1,373
shall be accumulated the reserves for the payment of all pensions 1,374
and disability benefits payable as provided in this chapter. The 1,375
amounts paid by the state of Ohio and by any employer defined in 1,376
division (A) of section 145.01 of the Revised Code because of the 1,377
normal contributions and deficiency contributions shall be 1,378
credited to the employers' accumulation fund. 1,379
Any payments made into the employers' accumulation fund by 1,381
a member as provided in section 145.31 of the Revised Code shall 1,382
be refunded to such member under the conditions specified in 1,383
section 145.40 of the Revised Code. 1,384
Upon the retirement of a contributor, the full amount of 1,386
his THE CONTRIBUTOR'S pension reserve shall be transferred from 1,387
the employers' accumulation fund to the annuity and pension 1,389
reserve fund.
(C) The annuity and pension reserve fund is the fund from 1,391
which shall be paid all pensions, disability benefits, annuities, 1,392
and benefits in lieu thereof, because of which reserves have been 1,393
transferred from the employees' savings fund and the employers' 1,394
accumulation fund. 1,395
Any contributor may deposit in the employees' savings fund, 1,397
subject to rules established from time to time by the public 1,398
employees retirement board SYSTEM, such ADDITIONAL amounts as he 1,400
desires, and, at the time of age and service retirement, shall 1,402
receive in return therefor, at his THE CONTRIBUTOR'S option, 1,403
either an annuity having a reserve equal to the amount deposited 1,405
or a cash refund of such amounts together with such interest as 1,406
may have been allowed by the public employees retirement board at 1,407
the end of each calendar year. Such deposits for additional 1,408
annuity together with such interest as may have been allowed by 1,409
the public employees retirement board at the end of each calendar 1,410
year shall be refunded in the event of death prior to retirement 1,411
or withdrawal of accumulated contributions as provided in 1,412
sections 145.40 and 145.43 of the Revised Code or upon 1,413
35
application of the contributor prior to age and service 1,414
retirement.
FOR DEPOSITS RECEIVED IN A CALENDAR YEAR, INTEREST SHALL BE 1,417
EARNED BEGINNING ON THE FIRST DAY OF THE CALENDAR YEAR NEXT
FOLLOWING AND ENDING ON THE LAST DAY OF THAT YEAR, EXCEPT THAT IN 1,419
THE CASE OF A PAYMENT UNDER THIS DIVISION MADE PRIOR TO THE LAST 1,421
DAY OF A YEAR, INTEREST SHALL BE EARNED ENDING ON THE LAST DAY OF 1,422
THE MONTH PRIOR TO THE DATE OF PAYMENT. THE BOARD SHALL CREDIT 1,423
INTEREST AT THE END OF THE CALENDAR YEAR IN WHICH IT IS EARNED. 1,424
(D) The income fund is the fund from which interest is 1,426
transferred and credited on the amounts in the funds described in 1,427
divisions (B), (C), and (F) of this section, and is a contingent 1,428
fund from which the special requirements of the funds may be paid 1,429
by transfer from this fund. All income derived from the 1,430
investment of THE funds by the public employees retirement board 1,431
as trustee under section 145.11 of the Revised Code SYSTEM, 1,432
together with all gifts and bequests, or the income therefrom, 1,434
shall be paid into this fund. 1,435
Any deficit occurring in any other fund that will not be 1,437
covered by payments to that fund, as otherwise provided in 1,438
Chapter 145. of the Revised Code, shall be paid by transfers of 1,439
amounts from the income fund to such fund or funds. If the 1,440
amount in the income fund is insufficient at any time to meet the 1,441
amounts payable therefrom TO THE FUNDS DESCRIBED IN DIVISIONS (C) 1,443
AND (F) OF THIS SECTION, the amount of the deficiency, with 1,444
regular interest, shall be paid by an additional employer rate of 1,445
contributions as determined by the actuary, not to exceed 1,446
fourteen per cent, and the amount of the additional employer 1,447
contribution shall be credited to the income fund TRANSFERRED 1,448
FROM THE EMPLOYERS' ACCUMULATION FUND. 1,449
The public employees retirement board SYSTEM may accept 1,451
gifts and bequests. Any funds that may come into possession of 1,453
the public employees retirement board in this manner, or GIFTS OR 1,454
BEQUESTS, ANY FUNDS which may be transferred from the employees' 1,456
36
savings fund by reason of lack of a claimant, or any surplus in 1,457
any fund created by this section, or any other funds whose 1,458
disposition is not otherwise provided for, shall be credited to 1,459
the income fund.
(E) The expense fund is the fund from which shall be paid 1,461
the expenses of the administration of this chapter, exclusive of 1,462
amounts payable as retirement allowances and as other benefits. 1,463
(F) The survivors' benefit fund is the fund from which 1,465
shall be paid dependent survivor benefits provided by section 1,466
145.45 of the Revised Code. 1,467
(G) IF REQUIRED BY A PLAN ESTABLISHED UNDER SECTION 145.81 1,469
OF THE REVISED CODE, THE DEFINED CONTRIBUTION FUND IS THE FUND IN 1,470
WHICH SHALL BE ACCUMULATED THE CONTRIBUTIONS DEDUCTED FROM THE 1,472
EARNABLE SALARY OF MEMBERS PARTICIPATING IN THE PLAN, AS PROVIDED 1,473
IN SECTION 145.85 OF THE REVISED CODE, TOGETHER WITH ANY EARNINGS 1,475
AND EMPLOYER CONTRIBUTIONS, AS PROVIDED IN SECTION 145.86 OF THE 1,476
REVISED CODE, CREDITED THEREON. 1,477
Sec. 145.25. When reference is made in sections 145.01 to 1,486
145.57, inclusive, of the Revised Code THIS CHAPTER, to the 1,488
employees' savings fund, the employers' accumulation fund, the 1,490
annuity and pension reserve fund, the income fund, the survivors' 1,491
benefit fund, THE DEFINED CONTRIBUTION FUND, or the expense fund, 1,492
such reference is made to each as a separate legal entity. This 1,493
section does not prevent the deposit or investment of all such 1,494
moneys intermingled for such purpose but such funds shall be 1,495
separate and distinct legal entities for all other purposes.
Sec. 145.26. The treasurer of state shall be the custodian 1,504
of the funds of the public employees retirement system, and all 1,505
disbursements therefrom shall be paid by him THE TREASURER OF 1,506
STATE only upon instruments authorized by the public employees 1,508
retirement board and bearing the signatures of the board; 1,509
provided, that such instruments may bear the names of the board 1,510
members printed thereon and the signatures of the chairman 1,511
CHAIRPERSON, or of the vice-chairman VICE-CHAIRPERSON in case of 1,513
37
the absence or disability of the chairman CHAIRPERSON, and of the 1,515
executive director of the board. The signatures of the chairman 1,517
CHAIRPERSON and of the executive director may be affixed through 1,519
the use of a mechanical check-signing device.
The treasurer of state shall give a separate and additional 1,521
bond in such amount as is fixed by the governor and with sureties 1,522
selected by the board and approved by the governor, conditioned 1,523
for the faithful performance of the duties of the treasurer of 1,524
state as custodian of the funds of the system. Such bond shall 1,525
be deposited with the secretary of state and kept in his THE 1,526
office. The governor may require the treasurer of state to give 1,528
other and additional bonds, as the funds of the system increase, 1,529
in such amounts and at such times as may be fixed by the 1,530
governor, which additional bonds shall be conditioned, filed, and 1,531
obtained as is provided for the original bond of the treasurer of 1,532
state covering the funds of the system. The premium on all bonds 1,533
shall be paid by the board. 1,534
The treasurer of state shall deposit any portion of the 1,536
funds of the system not needed for immediate use in the same 1,537
manner as state funds are deposited, and subject to all laws with 1,538
respect to the deposit of state funds, by the treasurer of state, 1,539
and all interest earned by such portion of the retirement funds 1,540
as is deposited by the treasurer of state shall be collected by 1,541
him THE TREASURER OF STATE and placed to the credit of the board. 1,543
THE TREASURER OF STATE SHALL FURNISH ANNUALLY TO THE BOARD 1,545
A SWORN STATEMENT OF THE AMOUNT OF THE FUNDS IN THE TREASURER OF 1,546
STATE'S CUSTODY BELONGING TO THE SYSTEM. 1,547
Sec. 145.27. (A) The treasurer of state shall furnish 1,556
annually to the public employees retirement board a sworn 1,557
statement of the amount of the funds in the treasurer of state's 1,559
custody belonging to the public employees retirement system. 1,560
(B)(1) As used in this division, "personal history record" 1,562
means information maintained by the PUBLIC EMPLOYEES RETIREMENT 1,563
board on a member, former member, contributor, former 1,565
38
contributor, retirant, or beneficiary that includes the address, 1,566
telephone number, social security number, record of 1,567
contributions, correspondence with the PUBLIC EMPLOYEES
RETIREMENT system, or other information the board determines to 1,569
be confidential.
(2) The records of the board shall be open to public 1,571
inspection, except for the following, which shall be excluded, 1,572
except with the written authorization of the individual 1,573
concerned: 1,574
(a) The individual's statement of previous service and 1,576
other information as provided for in section 145.16 of the 1,577
Revised Code; 1,578
(b) The amount of a monthly allowance or benefit paid to 1,580
the individual; 1,581
(c) The individual's personal history record. 1,583
(C)(B) All medical reports and recommendations required by 1,585
sections 145.01 to 145.59 of the Revised Code THIS CHAPTER are 1,586
privileged, except that copies of such medical reports or 1,588
recommendations shall be made available to the personal 1,589
physician, attorney, or authorized agent of the individual 1,590
concerned upon written release from the individual or the 1,591
individual's agent, or when necessary for the proper 1,592
administration of the fund, to the board assigned physician. 1,593
(D)(C) Any person who is a member or contributor of the 1,595
system shall be furnished with a statement of the amount to the 1,596
credit of the individual's account upon written request. The 1,598
board is not required to answer more than one such request of a 1,599
person in any one year. The board may issue annual statements of 1,600
accounts to members and contributors. 1,601
(E)(D) Notwithstanding the exceptions to public inspection 1,603
in division (B)(A)(2) of this section, the board may furnish the 1,604
following information: 1,605
(1) If a member, former member, contributor, former 1,607
contributor, or retirant is subject to an order issued under 1,608
39
section 2907.15 of the Revised Code or is convicted of or pleads 1,609
guilty to a violation of section 2921.41 of the Revised Code, on 1,610
written request of a prosecutor as defined in section 2935.01 of 1,611
the Revised Code, the board shall furnish to the prosecutor the 1,612
information requested from the individual's personal history 1,613
record. 1,614
(2) Pursuant to a court or administrative order issued 1,616
under section 3111.23 or 3113.21 of the Revised Code, the board 1,617
shall furnish to a court or child support enforcement agency the 1,618
information required under that section. 1,619
(3) At the written request of any person, the board shall 1,621
provide to the person a list of the names and addresses of 1,622
members, former members, contributors, former contributors, 1,623
retirants, or beneficiaries. The costs of compiling, copying, 1,624
and mailing the list shall be paid by such person. 1,625
(4) Within fourteen days after receiving from the director 1,627
of job and family services a list of the names and social 1,628
security numbers of recipients of public assistance pursuant to 1,630
section 5101.181 of the Revised Code, the board shall inform the 1,631
auditor of state of the name, current or most recent employer 1,632
address, and social security number of each member whose name and 1,633
social security number are the same as that of a person whose 1,634
name or social security number was submitted by the director. 1,635
The board and its employees shall, except for purposes of 1,636
furnishing the auditor of state with information required by this 1,637
section, preserve the confidentiality of recipients of public 1,638
assistance in compliance with division (A) of section 5101.181 of 1,639
the Revised Code.
(F)(E) A statement that contains information obtained from 1,641
the system's records that is signed by the executive director of 1,642
the retirement system and to which the system's official seal is 1,643
affixed, or copies of the system's records to which the signature 1,644
and seal are attached, shall be received as true copies of the 1,645
system's records in any court or before any officer of this 1,646
40
state. 1,647
Sec. 145.29. Three years of contributing membership in the 1,656
public employees retirement system subsequent to the date that 1,657
membership is established entitles a member to receive prior 1,658
service credit for services prior to January 1, 1935, in any 1,659
capacity which comes under sections 145.01 to 145.58 of the 1,660
Revised Code THIS CHAPTER, provided that such member has not lost 1,661
membership at any time by the withdrawal of his THE MEMBER'S 1,663
accumulated contributions. Members who have withdrawn an 1,665
exemption shall receive the prior service credit provided for 1,666
under the conditions of this section, only in the event such 1,667
member has made the payments required by section 145.28 of the 1,668
Revised Code. If the public employees retirement board 1,669
determines that a position of any employee member in any one 1,670
calendar year prior to January 1, 1935, was a part-time position, 1,671
the board may determine what fractional part of a year's credit 1,672
shall be given. In determining what credit shall be allowed to 1,673
regular, full-time employees who are paid on an hourly or per 1,674
diem basis, the board shall allow a full day's credit to any 1,675
employee toward retirement who is called to work and works any 1,676
portion of a day. Credit for service between January 1, 1935, 1,677
and the date he became OF BECOMING a member except a part-time 1,679
employee who claimed exemption under the provisions of section 1,680
145.03 of the Revised Code, may be secured by any public employee 1,681
for service rendered an employer provided such public employee 1,682
pays into the employees' savings fund an amount equal to the 1,683
amount he THE MEMBER would have paid if deductions had been taken 1,684
on his THE MEMBER'S earnable salary at the member contribution 1,685
rate in effect at the time of such payment for service after 1,686
January 1, 1935, or since his THE MEMBER'S date of employment, 1,687
plus interest on such amount compounded annually at a rate to be 1,689
determined by the board. The member may choose to purchase only 1,690
part of such credit in any one payment, subject to board rules. 1,691
Such payment shall be refunded in the event of the death or 1,692
41
withdrawal from service of the member prior to retirement under 1,693
the same conditions and in the same manner as refunds are made 1,694
under sections 145.40 and 145.43 of the Revised Code, from the 1,695
employees' savings fund.
Sec. 145.297. (A) As used in this section, "employing 1,704
unit" means: 1,705
(1) A municipal corporation, agency of a municipal 1,707
corporation designated by the legislative authority, park 1,708
district, conservancy district, sanitary district, health 1,709
district, township, metropolitan housing authority, public 1,710
library, county law library, union cemetery, joint hospital, or 1,711
other political subdivision or unit of local government. 1,712
(2) With respect to state employees, any entity of the 1,714
state including any department, agency, institution of higher 1,715
education, board, bureau, commission, council, office, or 1,716
administrative body or any part of such entity that is designated 1,717
by the entity as an employing unit. 1,718
(3)(a) With respect to employees of a board board of 1,720
alcohol, drug addiction, and mental health services, that board. 1,721
(b) With respect to employees of a county board of mental 1,723
retardation and developmental disabilities, that board. 1,724
(c) With respect to other county employees, the county or 1,726
any county agency designated by the board of county 1,727
commissioners. 1,728
(4) In the case of an employee whose employing unit is in 1,730
question, the employing unit is the unit through whose payroll 1,731
the employee is paid. 1,732
(B) An employing unit may establish a retirement incentive 1,734
plan for its eligible employees. In the case of a county or 1,735
county agency, decisions on whether to establish a retirement 1,736
incentive plan for any employees other than employees of a board 1,737
of alcohol, drug addiction, and mental health services or county 1,738
board of mental retardation and developmental disabilities and on 1,739
the terms of the plan shall be made by the board of county 1,740
42
commissioners. In the case of a municipal corporation or an 1,741
agency of a municipal corporation, decisions on whether to 1,742
establish a retirement incentive plan and on the terms of the 1,743
plan shall be made by the legislative authority. 1,744
All terms of a retirement incentive plan shall be in 1,746
writing. 1,747
A retirement incentive plan shall provide for purchase by 1,749
the employing unit of service credit for eligible employees who 1,750
elect to participate in the plan and for payment by the employing 1,751
unit of the entire cost of the service credit purchased. 1,752
Every retirement incentive plan shall remain in effect for 1,754
at least one year. The employing unit shall give employees at 1,755
least thirty days' notice before terminating the plan. 1,756
Every retirement incentive plan shall include provisions 1,758
for the timely and impartial resolution of grievances and 1,759
disputes arising under the plan. 1,760
No employing unit shall have more than one retirement 1,762
incentive plan in effect at any time. 1,763
(C) Any classified or unclassified employee of the 1,765
employing unit who is a member of the public employees retirement 1,766
system shall be eligible to participate in the retirement 1,767
incentive plan established by his THE EMPLOYEE'S employing unit 1,768
if he THE EMPLOYEE meets the following criteria: 1,770
(1) The employee is not any of the following: 1,772
(a) An elected official; 1,774
(b) A member of a board or commission; 1,776
(c) A person elected to serve a term of fixed length; 1,778
(d) A person appointed to serve a term of fixed length, 1,780
other than a person appointed and employed by his THE PERSON'S 1,781
employing unit. 1,782
(2) The employee is or will be eligible to retire under 1,784
section 145.32, 145.34, 145.37, or division (A) of section 145.33 1,785
of the Revised Code on or before the date of termination of the 1,786
retirement incentive plan. Service credit to be purchased for 1,787
43
the employee under the retirement incentive plan shall be 1,788
included in making such determination. 1,789
(3) The employee agrees to retire under section 145.32, 1,791
145.34, 145.37, or division (A) of section 145.33 of the Revised 1,792
Code within ninety days after receiving notice from the public 1,793
employees retirement system that service credit has been 1,794
purchased for him THE EMPLOYEE under this section. 1,795
Participation in the plan shall be available to all 1,797
eligible employees except that the employing unit may limit the 1,798
number of participants in the plan to a specified percentage of 1,799
its employees who are members of the public employees retirement 1,800
system on the date the plan goes into effect. The percentage 1,801
shall not be less than five per cent of such employees. If 1,802
participation is limited, employees with more total service 1,803
credit have the right to elect to participate before employees 1,804
with less total service credit. In the case of employees with 1,805
the same total service credit, employees with a greater length of 1,806
service with the employing unit have the right to elect to 1,807
participate before employees with less service with the employing 1,808
unit. Employees with less than eighteen months of service with 1,809
the employing unit have the right to elect to participate only 1,810
after all other eligible employees have been given the 1,811
opportunity to elect to participate. For the purpose of 1,812
determining which employees may participate in a plan, total 1,813
service credit includes service credit purchased by the employee 1,814
under this chapter after the date on which the plan is 1,815
established. 1,816
A retirement incentive plan that limits participation may 1,818
provide that an employee who does not notify the employing unit 1,819
of his THE EMPLOYEE'S decision to participate in the plan within 1,820
a specified period of time will lose priority to participate in 1,822
the plan ahead of other employees with less seniority. The time 1,823
given to an employee to elect to participate ahead of other 1,824
employees shall not be less than thirty days after he THE 1,825
44
EMPLOYEE receives written notice that he THE EMPLOYEE may 1,827
participate in the plan.
(D) A retirement incentive plan shall provide for purchase 1,829
of the same amount of service credit for each participating 1,830
employee, except that the employer may not purchase more service 1,831
credit for any employee than the lesser of the following: 1,832
(1) Five years of service credit; 1,834
(2) An amount of service credit equal to one-fifth of the 1,836
total service credited to the participant under sections 145.01 1,837
to 145.58 of the Revised Code THIS CHAPTER, exclusive of service 1,838
credit purchased under this section. 1,840
For each year of service credit purchased under this 1,842
section, the employing unit shall pay an amount equal to the 1,843
additional liability resulting from the purchase of that year of 1,844
service credit, as determined by an actuary employed by the 1,845
public employees retirement board. 1,846
(E) Upon the election by an eligible employee to 1,848
participate in the retirement incentive plan, the employee and 1,849
the employing unit shall agree upon a date for payment or 1,850
contracting for payment in installments to the public employees 1,851
retirement system of the cost of the service credit to be 1,852
purchased. The employing unit shall submit to the public 1,853
employees retirement system a written request for a determination 1,854
of the cost of the service credit, and within forty-five days 1,855
after receiving the request, the board shall give the employing 1,856
unit written notice of the cost. 1,857
The employing unit shall pay or contract to pay in 1,859
installments the cost of the service credit to be purchased to 1,860
the public employees retirement system on the date agreed to by 1,861
the employee and the employing unit. The payment shall be made 1,862
in accordance with rules adopted by the public employees 1,863
retirement board. The rules may provide for payment in 1,864
installments and for crediting the purchased credit to the 1,865
employee's account upon the employer's contracting to pay the 1,866
45
cost in installments. The board shall notify the member when he 1,867
THE MEMBER is credited with service purchased under this section. 1,869
If the employee does not retire within ninety days after 1,870
receiving notice that he THE EMPLOYEE has been credited with the 1,871
purchased service credit, the system shall refund to the 1,873
employing unit the amount paid for the service credit. 1,874
No payment made to the public employees retirement system 1,876
under this section shall affect any payment required by section 1,877
145.48 of the Revised Code. 1,878
Sec. 145.322. (A) On and after July 1, 1968, all 1,887
allowances, pensions, or other benefits, which are payable or 1,888
become payable and for which eligibility is established prior to 1,889
July 1, 1968, pursuant to the provisions of sections 145.33, 1,890
145.34, 145.36, 145.37, 145.45, and 145.46 of the Revised Code, 1,891
shall be increased by the percentages as determined by the 1,892
effective date of the allowance, pension, or benefit, as follows: 1,893
Effective Date of Benefit 1,895
Calendar Year Percentage of Increase 1,896
1937 through 1955 24.3 1,898
1956 22.5 1,899
1957 18.4 1,900
1958 15.2 1,901
1959 14.3 1,902
1960 12.5 1,903
1961 11.3 1,904
1962 10.1 1,905
1963 8.7 1,906
1964 7.3 1,907
1965 5.6 1,908
1966 2.6 1,909
1967 2.0 1,910
January 1, 1968 through 1,911
June 30, 1968 2.0
(B)(1) All increases determined by applying the 1,914
46
percentages in the table in division (A) of this section shall be 1,915
reduced by the dollar amount of the increases granted in 1965 1,916
pursuant to divisions (D), (E), and (F) of section 145.321 of the 1,917
Revised Code, except that no allowance, pension, or benefit shall 1,918
be reduced below the amount due on June 30, 1968, and no 1,919
allowance granted under this section shall be less than a total 1,920
annual sum of thirty-six dollars. 1,921
(2) The allowances increased by division (A) of this 1,923
section shall exclude any monthly amount payable by reason of any 1,924
voluntary deposits made under section 145.201 and division (C) of 1,925
section 145.23 of the Revised Code. 1,926
(3) The increases provided by this section shall be 1,928
granted notwithstanding the final average salary limitation in 1,929
sections 145.33 and 145.36 of the Revised Code. 1,930
(4) The cost of the increases provided by this section 1,932
shall be included in the employer's contribution rate provided by 1,933
SECTION 145.48 AND FORMER sections 145.48, 145.49, and 145.50 of 1,935
the Revised Code. Such employer's contribution rate shall not be 1,936
increased until July 1, 1969, or later to reflect the increased 1,937
costs created by this section. 1,938
Sec. 145.323. (A) Beginning April 1, 1971, and each year 1,947
thereafter, the board of the THE public employees retirement 1,948
system shall determine the average percentage change in the 1,950
consumer price index prepared by the United States bureau of 1,951
labor statistics (U.S. City Average for Urban Wage Earners and 1,952
Clerical Workers: "All Items 1982-84=100") for the 1,953
twelve-calendar-month period prior to the first day of January 1,955
over the next preceding twelve-calendar-month period, as reported 1,956
by the bureau.
Upon a determination by the board in any year that the 1,958
change in the consumer price index is an increase or that the 1,959
change plus the accumulation described in division (B) of this 1,961
section is an increase, the board shall ANNUALLY increase each 1,962
allowance, pension, or benefit payable under this chapter by a 1,964
47
percentage equal to the percentage increase in the consumer price 1,965
index or to that increase plus the accumulation, except that the 1,966
increase shall not exceed three per cent and, EXCEPT THAT no 1,967
allowance, pension, or benefit shall exceed the limit established 1,971
by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 1,972
2085, 26 U.S.C.A. 415, as amended.
The first increase is payable to all persons becoming 1,974
eligible after June 30, 1971, upon such persons receiving an 1,975
allowance for twelve months. The increased amount is payable for 1,976
the ensuing twelve-month period or until the next increase is 1,977
granted under this section, whichever is later. Subsequent 1,978
increases shall be determined from the date of the first increase 1,979
paid to the former member in the case of an allowance being paid 1,980
a beneficiary under an option, or from the date of the first 1,981
increase to the survivor first receiving an allowance or benefit 1,982
in the case of an allowance or benefit being paid to the 1,983
subsequent survivors of the former member. 1,984
The date of the first increase under this section becomes 1,987
the anniversary date for any future increases.
The allowance or benefit used in the first calculation of 1,989
an increase under this section shall remain as the base for all 1,990
future increases, unless a new base is established. 1,991
(B) Any percentage of change in the consumer price index 1,993
in any year that is in excess of three per cent shall be 1,994
accumulated and used to determine increases under this section in 1,995
subsequent years. Any percentage of change in the consumer price 1,996
index accumulated by an eligible person prior to the effective 1,997
date of this amendment shall be used in determining any future 1,999
increases under this section.
(C) The board shall make all rules necessary to carry out 2,001
this section. 2,002
Sec. 145.325. (A) Except as otherwise provided in 2,011
division (B) of this section, the board of the public employees 2,012
retirement system shall make available to each retirant or 2,013
48
disability benefit recipient receiving a monthly allowance or 2,014
benefit on or after January 1, 1968, who has attained the age of 2,015
sixty-five years, and who is not eligible to receive hospital 2,016
insurance benefits under the federal old age, survivors, and 2,017
disability insurance program, hospital insurance coverage 2,018
substantially equivalent to the federal hospital insurance 2,019
benefits, Social Security Amendments of 1965, 79 Stat. 291, 42 2,020
U.S.C.A. 1395c, as amended. This coverage shall also be made 2,021
available to the spouse, widow, or widower of such retirant or 2,022
disability benefit recipient provided such spouse, widow, or 2,023
widower has attained age sixty-five and is not eligible to 2,024
receive hospital insurance benefits under the federal old age, 2,025
survivors, and disability insurance program. The widow or 2,026
widower of a retirant or disability benefit recipient shall be 2,027
eligible for such coverage only if he or she is the recipient of 2,028
a monthly allowance or benefit from this system. One-half of the 2,029
cost of the premium for the spouse shall be paid from the 2,030
appropriate funds of the public employees retirement system and 2,031
one-half by the recipient of the allowance or benefit. 2,032
The cost of such coverage, paid from the funds of the 2,034
system, shall be included in the employer's rate provided by 2,035
SECTION 145.48 AND FORMER sections 145.48, 145.49, and 145.50 of 2,037
the Revised Code. The retirement board is authorized to make all 2,038
necessary rules pursuant to the purpose and intent of this 2,039
section, and shall contract for such coverage as provided in 2,040
section 145.58 of the Revised Code. 2,041
(B) The board need not make the hospital insurance 2,043
coverage described in division (A) of this section available to 2,044
any person for whom it is prohibited by section 145.58 of the 2,045
Revised Code from paying or reimbursing the premium cost of such 2,046
insurance. 2,047
Sec. 145.3213. (A) AS USED IN THIS SECTION, "BENEFIT" 2,049
MEANS AN ANNUAL ALLOWANCE, PENSION, OR BENEFIT PAID PURSUANT TO 2,050
SECTION 145.33, 145.34, 145.36, 145.37, 145.45, OR 145.46 OF THE 2,051
49
REVISED CODE, AND INCLUDES ANY AMOUNTS PAID PURSUANT TO SECTIONS 2,053
145.323 AND 145.332 OF THE REVISED CODE. "BENEFIT" DOES NOT 2,054
INCLUDE ANY AMOUNTS PAYABLE BY REASON OF DEPOSITS TO THE 2,055
EMPLOYEES' SAVINGS FUND PURSUANT TO SECTION 145.23 OF THE REVISED 2,056
CODE. 2,057
(B) THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL INCREASE 2,059
THE BENEFIT PAYABLE TO EACH INDIVIDUAL ELIGIBLE TO RECEIVE A 2,060
BENEFIT THAT BECAME EFFECTIVE ON OR BEFORE DECEMBER 31, 1979. 2,061
THE INCREASE SHALL BE EFFECTIVE ON THE FIRST DAY OF THE MONTH 2,062
FOLLOWING THE EFFECTIVE DATE OF THIS SECTION AND BE AN AMOUNT 2,063
DETERMINED BY MULTIPLYING THE BENEFIT FOR WHICH THE INDIVIDUAL 2,065
WAS ELIGIBLE ON THE LAST DAY OF THE MONTH IN WHICH THIS SECTION 2,066
TAKES EFFECT BY THE FOLLOWING PERCENTAGES AS DETERMINED BY THE 2,068
CALENDAR YEAR IN WHICH THE BENEFIT BECAME EFFECTIVE: 2,069
CALENDAR YEAR EFFECTIVE PERCENTAGE OF INCREASE 2,072
1955 AND EARLIER 25.0 2,074
1956 28.3 2,076
1957 38.4 2,078
1958 23.2 2,080
1959 27.1 2,082
1960 28.2 2,084
1961 24.6 2,086
1962 27.9 2,088
1963 26.6 2,090
1964 30.1 2,092
1965 23.5 2,094
1966 25.5 2,096
1967 28.7 2,098
1968 21.9 2,100
1969 23.9 2,102
1970 21.5 2,104
1971 22.2 2,106
1972 22.4 2,108
1973 21.3 2,110
50
1974 21.1 2,112
1975 20.7 2,114
1976 20.6 2,116
1977 20.5 2,118
1978 13.5 2,120
1979 4.0 2,122
(C) AN INCREASE MADE PURSUANT TO THIS SECTION SHALL BE 2,125
INCLUDED IN THE CALCULATION OF ADDITIONAL BENEFITS UNDER SECTION 2,126
145.323 OF THE REVISED CODE. 2,127
Sec. 145.33. (A) Except as provided in division (B) of 2,136
this section, a member with at least five years of total service 2,137
credit who has attained age sixty, or who has thirty years of 2,139
total Ohio service credit, may apply for age and service
retirement, which shall consist of: 2,140
(1) An annuity having a reserve equal to the amount of the 2,142
member's accumulated contributions at that time; 2,143
(2) A pension equal to the annuity provided by division 2,145
(A)(1) of this section; 2,146
(3) An additional pension, if the member can qualify for 2,148
prior service, equal to forty dollars multiplied by the number of 2,149
years, and fraction thereof, of such prior and military service 2,150
credit; 2,151
(4) A basic annual pension equal to one hundred eighty 2,153
dollars if the member has ten or more years of total service 2,154
credit as of October 1, 1956, except that the basic annual 2,155
pension shall not exceed the sum of the annual benefits provided 2,156
by divisions (A)(1), (2), and (3) of this section. The cost of 2,157
the basic annual pension shall be included in the deficiency 2,158
contribution provided by sections 145.48 and 145.50 of the 2,159
Revised Code. 2,160
(5) When a member retires on age and service retirement, 2,162
the member's total annual single lifetime allowance, including 2,164
the allowances provided in divisions (A)(1), (2), (3), and (4) of 2,165
this section, shall be not less than a base amount adjusted in 2,166
51
accordance with division (A)(5) of this section and determined by 2,168
multiplying the member's total service credit by the greater of 2,169
the following:
(a) Eighty-six dollars; 2,171
(b) Two and one-tenth TWO-TENTHS per cent of the member's 2,173
final average salary for each of the first thirty years of 2,175
service plus two and one-half per cent of the member's final 2,176
average salary for each subsequent year of service. 2,177
The allowance shall be adjusted by the factors of attained 2,179
age or years of service to provide the greater amount as 2,180
determined by the following schedule: 2,181
Years of Percentage 2,183
Attained or Total Service of 2,184
Birthday Credit Base Amount 2,185
58 25 75 2,187
59 26 80 2,188
60 27 85 2,189
61 88 2,190
28 90 2,191
62 91 2,192
63 94 2,193
29 95 2,194
64 97 2,195
65 30 or more 100 2,196
Members shall vest the right to a benefit in accordance 2,199
with the following schedule, based on the member's attained age 2,200
by September 1, 1976: 2,201
Percentage 2,203
Attained of 2,204
Birthday Base Amount 2,205
66 102 2,206
67 104 2,207
68 106 2,208
69 108 2,209
52
70 or more 110 2,210
(6) The total annual single lifetime allowance that a 2,213
member shall receive under division (A)(5) of this section shall 2,214
not exceed the lesser of one hundred per cent of the member's 2,216
final average salary or the limit established by section 415 of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 2,217
415, as amended. 2,218
(B)(1) A member who has at least twenty-five years of 2,220
total service credit, including credit for military service under 2,221
division (C)(2) of this section, while serving as a law 2,223
enforcement officer and who has attained age fifty-two may apply 2,224
for an age and service retirement benefit, which shall consist of 2,226
an annual single lifetime allowance equal to the sum of two and 2,227
one-half per cent of the member's final average salary multiplied 2,228
by the first twenty-FIVE years of the member's total service plus 2,229
two and one-tenth per cent of the member's final average salary 2,230
multiplied by the number of years of the member's total service 2,231
credit in excess of twenty-FIVE years, except that no allowance 2,232
shall exceed the lesser of ninety per cent of the member's final 2,234
average salary or the limit established by section 415 of the 2,235
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 2,236
as amended.
(2) A member who has at least fifteen years of total 2,238
service credit, including credit for military service under 2,239
division (C)(2) of this section, while serving as a law 2,241
enforcement officer and has attained sixty-two years of age may
apply for an age and service retirement benefit, which shall 2,242
consist of an annual single lifetime allowance computed as 2,243
provided in division (B)(1) of this section. The benefit shall 2,244
not exceed the limit established by section 415 of the "Internal 2,245
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 2,246
amended. 2,247
(3) A member with at least fifteen years of total service 2,249
credit, including credit for military service under division 2,250
53
(C)(2) of this section, while serving as a law enforcement 2,251
officer who voluntarily resigns or is discharged for any reason 2,253
except death, dishonesty, cowardice, intemperate habits, or 2,254
conviction of a felony may apply for an age and service 2,255
retirement benefit, which shall consist of an annual single 2,256
lifetime allowance equal to one and one-half per cent of the 2,257
member's final average salary multiplied by the number of years 2,258
of the member's total service credit. The benefit shall not 2,259
exceed the limit established by section 415 of the "Internal 2,260
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 2,261
amended. The allowance shall commence on the first day of the 2,262
calendar month following the month in which the application is 2,263
filed with the public employees retirement board on or after the 2,264
attainment by the applicant of age fifty-two. 2,265
(4) A member who has at least twenty-five years of total 2,267
service credit, including credit for military service under 2,268
division (C)(2) of this section, while serving as a law 2,269
enforcement officer who voluntarily resigns or is discharged for 2,270
any reason except death, dishonesty, cowardice, intemperate 2,272
habits, or conviction of a felony, on or after the date of 2,273
attaining forty-eight years of age, but before the date of 2,274
attaining fifty-two years of age, may elect to receive a reduced 2,275
benefit as determined by the following schedule: 2,276
Attained Age Reduced Benefit 2,278
48 75% of the benefit payable under 2,280
division (B)(1) of this section 2,281
49 80% of the benefit payable under 2,282
division (B)(1) of this section 2,283
50 86% of the benefit payable under 2,284
division (B)(1) of this section 2,285
51 93% of the benefit payable under 2,286
division (B)(1) of this section 2,287
A member who has at least twenty-five years of law 2,290
enforcement service credit, upon attaining forty-eight, 2,291
54
forty-nine, fifty, or fifty-one years of age, may elect to retire 2,292
and receive a reduced benefit determined by the above schedule. 2,293
If a member elects to receive a reduced benefit on or after 2,295
the date of attaining forty-eight years of age, but before the 2,297
date of attaining forty-nine years of age, the reduced benefit is 2,298
payable from the date the member attained forty-eight years of 2,299
age or from the date the member becomes eligible to receive the
reduced benefit, whichever is later. If a member elects to 2,300
receive a reduced benefit on or after the date of attaining 2,301
forty-nine years of age, but before the date of attaining fifty 2,303
years of age, the reduced benefit is payable from the date the 2,304
member attained forty-nine years of age or from the date the 2,305
member becomes eligible to receive the reduced benefit, whichever 2,306
is later. If a member elects to receive a reduced benefit on or 2,307
after the date of attaining fifty years of age, but before the 2,308
date of attaining fifty-one years of age, the reduced benefit is 2,309
payable from the date the member attained fifty years of age or 2,310
from the date the member becomes eligible to receive the reduced 2,311
benefit, whichever is later. If a member elects to receive a 2,312
reduced benefit on or after the date of attaining fifty-one years 2,313
of age, but before the date of attaining fifty-two years of age, 2,315
the reduced benefit is payable from the date the member attained 2,316
fifty-one years of age or from the date the member becomes 2,317
eligible to receive the reduced benefit, whichever is later. 2,318
Once a member elects to receive a reduced benefit 2,320
determined by the above schedule and has received a payment, the 2,321
member may not reelect to change that election. 2,322
If a member who has resigned or been discharged has left on 2,324
deposit the member's accumulated contributions in the employees' 2,325
savings fund and has not elected to receive a reduced benefit 2,326
determined by the above schedule, upon attaining fifty-two years 2,328
of age, the member shall be entitled to receive a benefit 2,329
computed and paid under division (B)(1) of this section.
(C)(1) A member with service credit as a law enforcement 2,331
55
officer and other service credit under this chapter may elect one 2,333
of the following: 2,334
(a) To have all the member's service credit under this 2,336
chapter, including credit for service as a law enforcement 2,338
officer, used in calculating a retirement allowance under 2,339
division (A) of this section if the member qualifies for an 2,340
allowance under that division; 2,341
(b) If the member qualifies for an allowance under 2,343
division (B) of this section, to have the member's service credit 2,344
as a law enforcement officer used in calculating a benefit under 2,345
that division and the member's credit for all service other than 2,346
law enforcement service under this chapter used in calculating a 2,347
benefit consisting of a single life annuity having a reserve 2,348
equal to the amount of the member's accumulated contributions and 2,349
an equal amount of the employer's contributions. 2,350
(2) Notwithstanding sections 145.01 and 145.30 of the 2,352
Revised Code, no more than four years of military service credit 2,353
granted under section 145.30 of the Revised Code and five years 2,354
of military service credit purchased under section 145.301 or 2,355
145.302 of the Revised Code shall be used in calculating service 2,356
as a law enforcement officer or the total service credit of that 2,357
person.
(3) Only credit for the member's service as a law 2,359
enforcement officer or service credit obtained as a police 2,360
officer or state highway patrol trooper shall be used in 2,361
computing the benefits under division (B) of this section for the 2,362
following:
(a) Any person who originally is commissioned and employed 2,364
as a deputy sheriff by the sheriff of any county, or who 2,365
originally is elected sheriff, on or after January 1, 1975; 2,366
(b) Any deputy sheriff who originally is employed as a 2,368
criminal bailiff or court constable on or after April 16, 1993; 2,369
(c) Any person who originally is appointed as a township 2,371
constable or police officer in a township police department or 2,372
56
district on or after January 1, 1981; 2,373
(d) Any person who originally is employed as a county 2,375
narcotics agent on or after September 26, 1984; 2,376
(e) Any person who originally is employed as an undercover 2,378
drug agent as defined in section 109.79 of the Revised Code, 2,379
department of public safety enforcement agent who prior to the 2,380
effective date of this amendment JUNE 30, 1999, was a liquor 2,382
control investigator, park officer, forest officer, wildlife 2,384
officer, state watercraft officer, park district police officer, 2,386
conservancy district officer, Ohio veterans' home police officer, 2,387
special police officer for a mental health institution, special 2,388
police officer for an institution for the mentally retarded and 2,390
developmentally disabled, or municipal police officer on or after 2,391
December 15, 1988;
(f) Any person who originally is employed as a state 2,393
university law enforcement officer on or after November 6, 1996; 2,396
(g) Any person who originally is employed as a Hamilton 2,398
county municipal court bailiff on or after November 6, 1996; 2,400
(h) Any person who is originally employed as a state 2,402
university law enforcement officer by the university of Akron on 2,403
or after September 16, 1998; 2,404
(i) Any person who originally is employed as a preserve 2,406
officer on or after March 18, 1999; 2,408
(j) Any person who originally is employed as a natural 2,410
resources law enforcement staff officer on or after March 18, 2,411
1999; 2,412
(k) Any person who is originally employed as a department 2,414
of public safety enforcement agent on or after the effective date 2,415
of this amendment JUNE 30, 1999. 2,416
(D) Retirement allowances determined under this section 2,418
shall be paid as provided in section 145.46 of the Revised Code. 2,419
(E) For the purposes of this section, service prior to the 2,421
effective date of this amendment JUNE 30, 1999, as a food stamp 2,423
trafficking agent under former section 5502.14 of the Revised 2,424
57
Code shall be considered service as a law enforcement officer. 2,426
Sec. 145.331. (A) A recipient of a disability allowance 2,435
under section 145.361 of the Revised Code who is subject to 2,436
division (C)(3) of that section may make application for age and 2,437
service retirement under this section. Retirement shall be 2,438
effective on the first day of the first month following the last 2,439
day for which the disability allowance is paid. 2,440
(B) The annual allowance payable under this section shall 2,442
consist of the sum of the amounts determined under divisions 2,443
(B)(1) and (2) of this section: 2,444
(1) The greater of the following: 2,446
(a) An allowance calculated as provided in section 145.33 2,448
or 145.34 of the Revised Code, excluding any period during which 2,449
the applicant received a disability benefit under section 145.361 2,450
of the Revised Code; 2,451
(b) An allowance calculated by multiplying the applicant's 2,453
total service credit, including service credit for the last 2,454
continuous period during which he THE APPLICANT received a 2,455
disability benefit under section 145.361 of the Revised Code, by 2,457
two and one-tenth TWO-TENTHS per cent of his THE APPLICANT'S 2,458
final average salary, except that the allowance shall not exceed 2,461
forty-five per cent of the applicant's final average salary. 2,462
(2) An amount equal to the additional allowance the 2,464
recipient would receive under section 145.323 of the Revised 2,465
Code, plus any other additional amount he THE RECIPIENT would 2,466
receive under this chapter, had he THE RECIPIENT retired under 2,468
section 145.33 or 145.34 of the Revised Code effective on the 2,470
effective date of his THE RECIPIENT'S most recent continuous 2,472
period of receipt of a disability benefit under section 145.361 2,473
of the Revised Code.
(C) The allowance calculated under division (B) of this 2,475
section, exclusive of any amount added under division (B)(2) of 2,476
this section based on section 145.323 of the Revised Code, shall 2,477
be the base for all future additional allowances under section 2,478
58
145.323 of the Revised Code. 2,479
The anniversary date for future additional allowances under 2,481
section 145.323 of the Revised Code shall be the effective date 2,482
of the recipient's most recent continuous period of receipt of a 2,483
disability benefit under section 145.361 of the Revised Code. 2,484
(D) The retirement allowance determined under this section 2,486
shall be paid as provided in section 145.46 of the Revised Code. 2,487
Sec. 145.332. (A) AS USED IN THIS SECTION: 2,489
(1) "BENEFIT" MEANS AN ALLOWANCE, PENSION, OR BENEFIT 2,491
RECEIVED UNDER SECTION 145.33, 145.331, 145.34, 145.36, 145.361, 2,492
145.37, 145.45, OR 145.46 OF THE REVISED CODE. "BENEFIT" DOES 2,494
NOT INCLUDE ANY AMOUNTS PAYABLE BY REASON OF DEPOSITS TO THE 2,495
EMPLOYEES' SAVINGS FUND PURSUANT TO SECTION 145.23 OF THE REVISED 2,496
CODE.
(2) "ELIGIBLE RECIPIENT" MEANS AN INDIVIDUAL RECEIVING A 2,498
BENEFIT ON THE EFFECTIVE DATE OF THIS SECTION. 2,499
(B)(1) THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL 2,501
RECALCULATE EACH BENEFIT DETERMINED PRIOR TO THE EFFECTIVE DATE 2,502
OF THIS SECTION. THE RECALCULATED BENEFIT IS PAYABLE ON THE 2,503
FIRST DAY OF THE MONTH FOLLOWING THE EFFECTIVE DATE OF THIS 2,504
SECTION. THE RECALCULATION SHALL BE MADE AS FOLLOWS: 2,505
(a) RECALCULATE, PURSUANT TO SECTION 145.33, 145.331, 2,507
145.36, 146.361, OR 145.45 OF THE REVISED CODE AS IN EFFECT ON 2,508
THE EFFECTIVE DATE OF THIS SECTION, THE BENEFIT INITIALLY 2,511
GRANTED;
(b) RECALCULATE, USING THE BENEFIT AMOUNT DETERMINED UNDER 2,513
DIVISION (B)(1)(a) OF THIS SECTION, ANY INCREASE IN THE BENEFIT 2,515
AMOUNT THAT WAS AUTHORIZED UNDER SECTIONS 145.01 TO 145.59 OF THE 2,516
REVISED CODE AND GRANTED BEFORE THE EFFECTIVE DATE OF THIS 2,518
SECTION;
(c) THE SUM OF THE AMOUNTS DETERMINED UNDER DIVISIONS 2,521
(B)(1)(a) AND (b) OF THIS SECTION IS THE RECALCULATED BENEFIT. 2,522
(C) IF THE RECALCULATED BENEFIT IS LESS THAN THE AMOUNT 2,525
PAYABLE PRIOR TO THE RECALCULATION, THE RETIREMENT SYSTEM SHALL
59
CONTINUE TO PAY THE GREATER BENEFIT. 2,527
(D) ANY INCREASE RESULTING FROM PAYMENT OF A RECALCULATED 2,529
BENEFIT SHALL BE INCLUDED IN THE CALCULATION OF ADDITIONAL 2,530
BENEFITS UNDER SECTIONS 145.323 AND 145.3213 OF THE REVISED CODE. 2,531
Sec. 145.34. Any member who has completed twenty-five 2,540
years of total service and has attained his THE MEMBER'S 2,541
fifty-fifth birthday, may retire on a commuted age and service 2,543
allowance. Upon retirement on a commuted age and service 2,544
allowance on or after September 30, 1963, a member shall be 2,545
granted a retirement allowance consisting of: 2,546
(A) An annuity having a reserve equal to the amount of the 2,548
member's accumulated contributions at that time; 2,549
(B) A pension equal to the annuity provided by division 2,551
(A) of this section; 2,552
(C) An additional pension, if such member can qualify for 2,554
prior service credit, the reserve for which, based upon regular 2,555
interest and the service tables approved by the board, shall be 2,556
the present worth of the reserve required for the payment of the 2,557
prior service pension provided by section 145.33 of the Revised 2,558
Code, after either sixty years of age or thirty years of service 2,559
credit, whichever can be attained first. The annual prior 2,560
service pension shall be determined by the amount of such 2,561
commuted reserve divided by the age and service annuity rate for 2,562
the attained age at retirement. 2,563
(D) The commuted value calculated as provided in division 2,565
(C) of this section of a basic annual pension of one hundred 2,566
eighty dollars, provided the member has ten or more years of 2,567
total service credit as of October 1, 1956. The cost of the 2,568
basic annual pension shall be included in the deficiency 2,569
contribution. 2,570
(E) When a member retires on commuted age and service 2,572
retirement, his THE MEMBER'S single lifetime allowance shall not 2,573
be less than that provided by divisions (A), (B), (C), and (D) of 2,575
this section and division (A)(5) of section 145.33 of the Revised 2,576
60
Code and shall not exceed the limits established by division 2,577
(A)(6) of that section. 2,578
A year of service for the purpose of commuted age and 2,580
service retirement and of applying the minimum retirement 2,581
allowance as provided in this section is defined as a complete 2,582
year of full-time employment, or the equivalent thereof. The 2,583
board is the final authority in determining the eligibility of an 2,584
employee for such form of retirement and for such minimum 2,585
allowance. 2,586
In determining eligibility only for retirement under this 2,588
section the board shall include in "total service" the years of 2,589
prior service credit granted members of the public employees 2,590
retirement system by a publicly owned utility as provided for in 2,591
section 145.48 of the Revised Code under a pension plan adopted 2,592
by the publicly owned utility. 2,593
(F) Retirement allowances determined under this section 2,595
shall be paid as provided in section 145.46 of the Revised Code. 2,596
Sec. 145.36. A member who has elected disability coverage 2,605
under this section, has not attained age sixty, and is determined 2,606
by the public employees retirement board under section 145.35 of 2,607
the Revised Code to qualify for a disability benefit shall be 2,608
retired on disability under this section. 2,609
Upon disability retirement, a member shall receive an 2,611
annual amount that shall consist of: 2,612
(A) An annuity having a reserve equal to the amount of the 2,614
retirant's accumulated contributions; 2,615
(B) A pension that shall be the difference between his THE 2,617
MEMBER'S annuity and an annual amount determined by multiplying 2,619
the total service credit of the retirant, and in addition thereto 2,620
the projected number of years and fractions thereof between the 2,621
effective date of his THE MEMBER'S disability retirement and 2,622
attained age sixty, assuming continuous service, by eighty-six 2,624
dollars or two and one-tenth TWO-TENTHS per cent of his THE 2,625
MEMBER'S final average salary, whichever is greater. 2,628
61
Where the recipient is not receiving a disability benefit 2,630
under section 145.37 of the Revised Code and is receiving a 2,631
disability benefit from either the state teachers retirement 2,632
system or the school employees retirement system, the recipient 2,633
shall not be eligible for service credit based upon the number of 2,634
years and fractions thereof between the date of disability and 2,635
attained age sixty as provided for in this division. 2,636
In no case shall disability retirement be less than thirty 2,638
per cent or more than seventy-five per cent of the member's final 2,639
average salary, except that it shall not exceed any limit to 2,640
which the retirement system is subject under section 415 of the 2,641
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 2,642
as amended. 2,643
A year of service for the purpose of disability retirement 2,645
is a complete year of full-time employment, or the equivalent 2,646
thereof. The public employees retirement board is the final 2,647
authority in determining the eligibility of a member for 2,648
disability retirement. 2,649
Sec. 145.361. (A) A member with disability coverage under 2,658
this section who is determined by the public employees retirement 2,659
board under section 145.35 of the Revised Code to qualify for a 2,660
disability benefit shall receive a disability allowance under 2,661
this section. The allowance shall be an annual amount equal to 2,662
the greater of the following: 2,663
(1) Forty-five per cent of the member's final average 2,665
salary; 2,666
(2) The member's total service credit multiplied by two 2,668
and one-tenth TWO-TENTHS per cent of his THE MEMBER'S final 2,670
average salary, not exceeding sixty per cent of his THE MEMBER'S 2,672
final average salary.
(B) Sufficient reserves for payment of the disability 2,674
allowance shall be transferred to the annuity and pension reserve 2,675
fund from the employers' contribution fund. The accumulated 2,676
contributions of the member shall remain in the employees' 2,677
62
savings fund. No part of the allowance paid under this section 2,678
shall be charged against the member's accumulated contributions. 2,679
(C) A disability allowance paid under this section shall 2,681
terminate at the earliest of the following: 2,682
(1) The effective date of age and service retirement under 2,684
sections 145.32 and 145.33, or section 145.34 or 145.37 of the 2,685
Revised Code; 2,686
(2) The date the allowance is terminated under section 2,688
145.362 of the Revised Code; 2,689
(3) The later of the last day of the month in which the 2,691
recipient attains age sixty-five, or the last day of the month in 2,692
which the benefit period ends as follows: 2,693
Attained Age at Effective Date 2,695
of Disability Allowance Benefit Period 2,696
60 or 61 60 months 2,697
62 or 63 48 months 2,698
64 or 65 36 months 2,699
66, 67, or 68 24 months 2,700
69 or older 12 months 2,701
Sec. 145.391. THE PUBLIC EMPLOYEES RETIREMENT BOARD MAY 2,704
ESTABLISH AND MAINTAIN A QUALIFIED GOVERNMENTAL EXCESS BENEFIT 2,705
ARRANGEMENT THAT MEETS THE REQUIREMENTS OF SECTION 415(m) OF THE 2,706
"INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 2,710
415(m), AS AMENDED, AND ANY REGULATIONS ADOPTED THEREUNDER. IF 2,711
ESTABLISHED, THE ARRANGEMENT SHALL BE A SEPARATE PORTION OF THE 2,712
PUBLIC EMPLOYEES RETIREMENT SYSTEM AND BE MAINTAINED SOLELY FOR 2,713
THE PURPOSE OF PROVIDING TO RETIRED MEMBERS THAT PART OF A 2,714
BENEFIT OTHERWISE PAYABLE UNDER THIS CHAPTER THAT EXCEEDS THE 2,716
LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL REVENUE CODE 2,717
OF 1986," AS AMENDED. 2,719
MEMBERS PARTICIPATING IN AN ARRANGEMENT ESTABLISHED UNDER 2,721
THIS SECTION SHALL NOT BE PERMITTED, DIRECTLY OR INDIRECTLY, TO 2,722
ELECT TO DEFER COMPENSATION TO THE ARRANGEMENT. CONTRIBUTIONS TO 2,724
AND BENEFITS PAID UNDER AN ARRANGEMENT SHALL NOT BE PAYABLE FROM 2,725
63
A TRUST THAT IS PART OF THE SYSTEM UNLESS THE TRUST IS MAINTAINED 2,726
SOLELY FOR THE PURPOSE OF PROVIDING SUCH BENEFITS. 2,727
THE BOARD SHALL ADOPT RULES TO ESTABLISH AND ADMINISTER AN 2,729
ARRANGEMENT UNDER THIS SECTION. 2,730
Sec. 145.41. Membership shall cease upon refund of 2,739
accumulated contributions, death, or retirement except as 2,740
provided in section 145.362 of the Revised Code. A member who 2,741
separates from service for any reason other than death or 2,742
retirement or who otherwise ceases to be a public employee for 2,743
any reason other than death or retirement may leave his THE 2,744
MEMBER'S accumulated contributions on deposit with the public 2,746
employees retirement board and, for the purposes of the public 2,747
employees retirement system, be considered on a membership leave 2,748
of absence. His THE MEMBER'S membership rights shall continue 2,749
until he THE MEMBER has withdrawn his THE MEMBER'S accumulated 2,751
contributions, retired on a retirement allowance as provided in 2,753
section 145.33, 145.331, or 145.34 of the Revised Code, or died. 2,754
The account of such a member shall remain in the employees' 2,755
savings fund, except that the account of a member who has less 2,756
than five calendar years of contributing service credit or is a 2,757
member of the state teachers retirement system or the school 2,758
employees retirement system may be transferred to the income fund 2,759
if by the end of the fifth calendar year following the calendar 2,760
year in which the last contribution was received the member has 2,761
not died, claimed a refund of contributions, or requested the 2,762
retirement board to continue his THE MEMBER'S membership on a 2,763
leave of absence basis. In case such a member later requests a 2,765
refund, his THE MEMBER'S account shall be restored to the 2,767
employees' savings account and refunded therefrom. Members on 2,768
such leaves of absence shall retain all rights, obligations, and 2,769
privileges of membership in the public employees retirement 2,770
system. A "contributor," as defined in division (F) of section 2,771
145.01 of the Revised Code, who formerly lost his membership 2,772
through termination of membership leave of absence and who has 2,773
64
not withdrawn his THE CONTRIBUTOR'S account shall be reinstated 2,774
as a member with all the rights, privileges, and obligations 2,775
enumerated in sections 145.01 to 145.59 of the Revised Code OF 2,776
MEMBERSHIP IN THE SYSTEM. In no case shall a member on leave of 2,778
absence as provided in this section add to his THE MEMBER'S total 2,779
number of years of service credit by reason of such leave of 2,781
absence, unless such member was receiving benefits from the state 2,782
insurance fund and by reason of such benefits qualified for 2,783
additional service credit as provided in division (H) of section 2,784
145.01 of the Revised Code, or was eligible to and does make a 2,785
payment as provided in section 145.291 of the Revised Code. 2,786
Sec. 145.42. Members of the public employees retirement 2,796
system on leave of absence as provided in section 145.41 of the 2,797
Revised Code or who are employees of the United States employment 2,798
service at the time of the return of these functions to the 2,799
state, or who reach retirement age prior to such time, or who 2,800
return to the state service prior to the return of the employment 2,801
service, may be permitted to pay into the retirement fund the 2,802
amount they would have paid during such a period of employment 2,803
with the United States employment service at the member 2,804
contribution rate in effect at the time of payment, plus interest 2,805
on such payment compounded annually at a rate to be determined by 2,806
the board. The member may choose to purchase only part of such 2,807
credit in any one payment, subject to board rules. When a member 2,808
has made the payment provided in this section he THE MEMBER shall 2,810
receive credit for the service covered by such payments. Those 2,811
who withdrew their accumulated contributions from the system at 2,812
the time of their separation from the state service, may make a 2,813
redeposit as provided in section 145.31 of the Revised Code, and 2,814
thereafter be entitled to all THE benefits of sections 145.01 to 2,815
145.58 of the Revised Code THIS CHAPTER. 2,816
Sec. 145.45. Except as provided in division (C)(1) of this 2,826
section, in lieu of accepting the payment of the accumulated 2,827
account of a member who dies before service retirement, a 2,828
65
beneficiary, as determined in this section or section 145.43 of 2,829
the Revised Code, may elect to forfeit the accumulated 2,830
contributions and to substitute certain other benefits under 2,831
division (A) or (B) of this section.
(A) If a deceased member was eligible for a service 2,833
retirement benefit as provided in section 145.33, 145.331, or 2,834
145.34 of the Revised Code, a surviving spouse or other sole 2,835
dependent beneficiary may elect to receive a monthly benefit 2,837
computed as the joint-survivor benefit designated as "plan D" in 2,838
section 145.46 of the Revised Code, which the member would have 2,839
received had the member retired on the last day of the month of 2,840
death and had the member at that time selected such 2,842
joint-survivor plan. Payment shall begin with the month 2,844
subsequent to the member's death, except that a surviving spouse 2,845
who is less than sixty-five years old may defer receipt of such 2,846
benefit. Upon receipt, the benefit shall be calculated based 2,847
upon the spouse's age at the time of first payment, and shall 2,848
accrue regular interest during the time of deferral. 2,849
(B) If a deceased member had at least one and one-half 2,851
years of contributing service credit, with at least one-quarter 2,852
year of contributing service credit within the two and one-half 2,853
years prior to the date of death, or was receiving at the time of 2,854
death a disability benefit as provided in section 145.36, 2,855
145.361, or 145.37 of the Revised Code, certain qualified 2,856
survivors may WHO elect to receive monthly benefits as SHALL 2,859
RECEIVE THE GREATER OF THE BENEFITS provided in divisions 2,860
DIVISION (B)(1) and (5) of this section.
(1)(a) Number 2,862
of Qualified Or 2,863
survivors Annual Benefit as a Per Monthly Benefit 2,864
affecting Cent of Decedent's Final shall not be 2,865
the benefit Average Salary less than 2,866
1 25% $ 96 250 2,867
2 40 186 400 2,868
66
3 50 236 500 2,869
4 55 236 500 2,870
5 or more 60 236 500 2,871
(b) YEARS OF ANNUAL BENEFIT AS A PER CENT 2,875
SERVICE OF MEMBER'S FINAL AVERAGE 2,877
SALARY 2,878
20 29% 2,880
21 33 2,881
22 37 2,882
23 41 2,883
24 45 2,884
25 48 2,885
26 51 2,886
27 54 2,887
28 57 2,888
29 OR MORE 60 2,889
(2) THE FINAL AVERAGE SALARY USED IN THE CALCULATION OF A 2,892
BENEFIT PAYABLE PURSUANT TO THIS DIVISION TO A QUALIFIED SURVIVOR 2,893
OF A DISABILITY BENEFIT RECIPIENT SHALL BE ADJUSTED FOR EACH YEAR 2,894
BETWEEN THE DISABILITY BENEFIT'S EFFECTIVE DATE AND THE 2,895
RECIPIENT'S DATE OF DEATH BY THE LESSER OF THREE PER CENT OR THE 2,896
ACTUAL AVERAGE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX
PREPARED BY THE UNITED STATES BUREAU OF LABOR STATISTICS (U.S. 2,898
CITY AVERAGE FOR URBAN WAGE EARNERS AND CLERICAL WORKERS: "ALL 2,900
ITEMS 1982-84=100").
(3) Benefits shall begin as qualified survivors meet 2,902
eligibility requirements as follows: 2,903
(a) A qualified spouse is the surviving spouse of the 2,905
deceased member, who is age sixty-two, or REGARDLESS OF age fifty 2,908
if the deceased member had ten or more years of Ohio service 2,910
credit, or regardless of age if caring for a qualified child, or 2,911
regardless of age if adjudged physically or mentally incompetent. 2,913
A spouse of a member who died prior to August 27, 1970, whose 2,914
eligibility was determined at the member's death, and who is 2,915
67
physically or mentally incompetent on or after August 20, 1976, 2,916
shall be paid the monthly benefit which that person would
otherwise receive when qualified by age. 2,917
(b) A qualified child is any unmarried child of the 2,921
deceased member under WHO HAS NEVER BEEN MARRIED AND TO WHOM ONE 2,922
OF THE FOLLOWING APPLIES: 2,924
(i) IS UNDER age eighteen, or under age twenty-two if the 2,927
child is attending an institution of learning or training
pursuant to a program designed to complete in each school year 2,928
the equivalent of at least two-thirds of the full-time curriculum 2,929
requirements of such institution and as further determined by 2,930
board policy, or regardless; 2,931
(ii) REGARDLESS of age if, IS adjudged physically or 2,934
mentally incompetent at the time of the member's death. 2,935
(c) A qualified parent is a dependent parent aged 2,937
sixty-five or older or regardless of age if physically or 2,939
mentally incompetent, a dependent parent whose eligibility was 2,940
determined by the member's death prior to August 20, 1976, and 2,941
who is physically or mentally incompetent on or after August 20, 2,942
1976, shall be paid the monthly benefit for which that person 2,943
would otherwise qualify.
(3)(4) "Physically or mentally incompetent" as used in 2,945
this section may be determined by a court of jurisdiction, or by 2,946
a physician appointed by the retirement board. Incapability of 2,947
making a living because of a physically or mentally disabling 2,948
condition shall meet the qualifications of this division. 2,949
(4)(5) Benefits to a qualified survivor shall terminate 2,951
upon ceasing to meet eligibility requirements as provided in this 2,953
division, a first marriage, abandonment, adoption, or during 2,955
active military service. Benefits to a deceased member's 2,956
surviving spouse that were terminated under a former version of 2,957
this section that required termination due to remarriage and were 2,958
not resumed prior to the effective date of this amendment 2,959
SEPTEMBER 16, 1998, shall resume on the first day of the month 2,960
68
immediately following receipt by the board of an application on a 2,961
form provided by the board. 2,962
Upon the death of any subsequent spouse who was a member of 2,965
the public employees retirement system, state teachers retirement 2,966
system, or school employees retirement system, the surviving 2,967
spouse of such member may elect to continue receiving benefits 2,968
under this division, or to receive survivor's benefits, based 2,969
upon the subsequent spouse's membership in one or more of the 2,970
systems, for which such surviving spouse is eligible under this 2,971
section or section 3307.49 or 3309.45 of the Revised Code. If 2,972
the surviving spouse elects to continue receiving benefits under 2,973
this division, such election shall not preclude the payment of 2,974
benefits under this division to any other qualified survivor. 2,975
Benefits shall begin or resume on the first day of the 2,977
month following the attainment of eligibility and shall terminate 2,978
on the first day of the month following loss of eligibility. 2,979
(5) Benefits (6)(a) IF A BENEFIT IS PAYABLE UNDER 2,981
DIVISION (B)(1)(a) OF THIS SECTION, BENEFITS to a qualified 2,984
spouse shall be paid in the amount determined for the first 2,985
qualifying survivor in division (B)(1)(a) of this section, but 2,987
shall not be less than one hundred six dollars per month if the 2,988
deceased member had ten or more years of Ohio service credit. 2,989
All other qualifying survivors shall share equally in the benefit 2,990
or remaining portion thereof. 2,991
(b) ALL QUALIFYING SURVIVORS SHALL SHARE EQUALLY IN A 2,993
BENEFIT PAYABLE UNDER DIVISION (B)(1)(b) OF THIS SECTION, EXCEPT 2,995
THAT IF THERE IS A SURVIVING SPOUSE, THE SURVIVING SPOUSE SHALL 2,996
RECEIVE THE AMOUNT DETERMINED FOR THE FIRST QUALIFYING SURVIVOR 2,997
IN DIVISION (B)(1)(a) OF THIS SECTION AND THE OTHER QUALIFYING 2,998
SURVIVORS SHALL SHARE EQUALLY IN THE REMAINING PORTION OF THE 2,999
BENEFIT.
(6)(7) The beneficiary of a member who is also a member of 3,001
the state teachers retirement system or of the school employees 3,002
retirement system, must forfeit the member's accumulated 3,003
69
contributions in those systems and in the public employees 3,004
retirement system, if the beneficiary takes a survivor benefit. 3,007
Such benefit shall be exclusively governed by section 145.37 of
the Revised Code. 3,008
(C)(1) Regardless of whether the member is survived by a 3,012
spouse or designated beneficiary, if the public employees
retirement system receives notice that a deceased member 3,013
described in division (A) or (B) of this section has one or more 3,014
qualified children, all persons who are qualified survivors under 3,016
division (B) of this section shall receive monthly benefits as 3,018
provided in division (B) of this section. 3,019
If, after determining the monthly benefits to be paid under 3,021
division (B) of this section, the system receives notice that 3,022
there is a qualified survivor who was not considered when the 3,023
determination was made, the system shall, notwithstanding section 3,024
145.561 of the Revised Code, recalculate the monthly benefits 3,026
with that qualified survivor included, even if the benefits to 3,027
qualified survivors already receiving benefits are reduced as a 3,028
result. The benefits shall be calculated as if the qualified 3,029
survivor who is the subject of the notice became eligible on the
date the notice was received and shall be paid to qualified 3,030
survivors effective on the first day of the first month following 3,031
the system's receipt of the notice. 3,032
If the retirement system did not receive notice that a 3,034
deceased member has one or more qualified children prior to 3,036
making payment under section 145.43 of the Revised Code to a 3,039
beneficiary as determined by the retirement system, the payment 3,040
is a full discharge and release of the system from any future 3,041
claims under this section or section 145.43 of the Revised Code. 3,042
(2) If benefits under division (C)(1) of this section to 3,045
all persons, or to all persons other than a surviving spouse or 3,047
other sole beneficiary, terminate, there are no children under
the age of twenty-two years, and the surviving spouse or 3,048
beneficiary qualifies for benefits under division (A) of this 3,050
70
section, the surviving spouse or beneficiary may elect to receive 3,051
benefits under division (A) of this section. The benefits shall 3,052
be effective on the first day of the month immediately following 3,053
the termination.
(D) If the survivor benefits due and paid under this 3,055
section are in a total amount less than the member's accumulated 3,056
account that was transferred from the public employees' savings 3,057
fund to the survivors' benefit fund, then the difference between 3,058
the total amount of the benefits paid shall be paid to the 3,059
beneficiary under section 145.43 of the Revised Code. 3,060
Sec. 145.452. Upon the death of a member prior to receipt 3,069
of a disability benefit or service retirement, the surviving 3,070
spouse or dependents of the deceased member shall have the right 3,071
to purchase any service credit the member, had he THE MEMBER not 3,072
died, would have been eligible to purchase under sections 145.01 3,074
to 145.59 of the Revised Code THIS CHAPTER upon the same terms 3,075
and conditions that the deceased member could have purchased such 3,076
service credit had he THE MEMBER not died. Any service credit 3,078
purchased under this section shall be applied under the
provisions of sections 145.01 to 145.59 of the Revised Code THIS 3,079
CHAPTER in the same manner as it would have been applied had it 3,081
been purchased by the deceased member during his THE DECEASED 3,082
MEMBER'S lifetime.
Sec. 145.46. (A) A retirement allowance calculated under 3,091
section 145.33, 145.331, or 145.34 of the Revised Code shall be 3,092
paid as provided in this section. If the member is eligible to 3,093
elect a plan of payment under this section, the election shall be 3,094
made on a form provided by the public employees retirement board. 3,095
A plan of payment elected under this section shall be effective 3,096
only if approved by the board, which shall approve it only if it 3,097
is certified by an actuary engaged by the board to be the 3,098
actuarial equivalent of the retirement allowance calculated under 3,099
section 145.33, 145.331, or 145.34 of the Revised Code. 3,100
(B)(1) Unless the member is eligible to elect another plan 3,102
71
of payment, a member who retires under section 145.32, 145.331, 3,103
or 145.34 of the Revised Code shall receive a retirement 3,104
allowance under "plan A," which shall consist of the actuarial 3,105
equivalent of the member's retirement allowance determined under 3,107
section 145.33, 145.331, or 145.34 of the Revised Code in a 3,108
lesser amount payable for life and one-half of such allowance 3,109
continuing after death to the member's surviving spouse for the 3,111
life of the spouse. 3,112
A member may elect to receive the member's retirement 3,114
allowance under a plan of payment other than "plan A" if the 3,116
member is not married or either the member's spouse consents in 3,117
writing to the member's election of a plan of payment other than 3,119
"plan A" or the board waives the requirement that the spouse 3,120
consent. An application for retirement shall include an 3,121
explanation of all of the following: 3,122
(a) That, if the member is married, unless the spouse 3,125
consents to another plan of payment, the member's retirement 3,126
allowance will be paid under "plan A," which consists of the 3,127
actuarial equivalent of the member's retirement allowance in a 3,128
lesser amount payable for life and one-half of the allowance 3,129
continuing after death to the surviving spouse for the life of 3,130
the spouse; 3,131
(b) A description of the alternative plans of payment 3,134
available with the consent of the spouse;
(c) That the spouse may consent to another plan of payment 3,137
and the procedure for giving consent;
(d) That consent is irrevocable once notice of consent is 3,139
filed with the board. 3,140
Consent shall be valid only if it is signed, in writing, 3,144
and witnessed by a notary public. The board may waive the 3,147
requirement of consent if the spouse is incapacitated or cannot 3,149
be located or for any other reason specified by the board. 3,150
Consent or waiver is effective only with regard to the spouse who 3,152
is the subject of the consent or waiver. 3,153
72
(2) A member eligible to elect to receive the member's 3,155
retirement allowance under a plan of payment other than "plan A" 3,157
shall receive the member's retirement allowance under one of the 3,158
following plans elected at the time the member makes application 3,160
for retirement: 3,161
(a) "Plan B," which shall consist of an allowance 3,163
determined under section 145.33, 145.331, or 145.34 of the 3,164
Revised Code; 3,165
(b) "Plan C," which shall consist of the actuarial 3,167
equivalent of the member's retirement allowance determined under 3,168
section 145.33, 145.331, or 145.34 of the Revised Code in a 3,169
lesser amount payable for life and one-half or some other portion 3,171
of the allowance continuing after death to the member's sole 3,172
surviving beneficiary designated at the time of the member's 3,173
retirement, provided that the amount payable to the beneficiary 3,174
does not exceed the amount payable to the member; 3,175
(c) "Plan D," which shall consist of the actuarial 3,177
equivalent of the member's retirement allowance determined under 3,178
section 145.33, 145.331, or 145.34 of the Revised Code in a 3,179
lesser amount payable for life and continuing after death to a 3,182
surviving beneficiary designated at the time of the member's 3,183
retirement;
(d) "Plan E," which shall consist of the actuarial 3,185
equivalent of the member's retirement allowance determined under 3,186
section 145.33, 145.331, or 145.34 of the Revised Code in a 3,187
lesser amount payable for a certain period from the member's 3,188
retirement date as elected by the member and approved by the 3,189
retirement board, and on the member's death before the expiration 3,191
of that certain period the member's lesser retirement allowance 3,193
payable for the remainder of that period to the member's 3,195
surviving designated beneficiary nominated by written designation 3,197
filed with the retirement board.
Should the nominated beneficiary designated in writing die 3,199
prior to the expiration of the guarantee period, then for the 3,200
73
purpose of completing payment for the remainder of the guarantee 3,201
period, the present value of such payments shall be paid to the 3,202
estate of the beneficiary last receiving. 3,203
(3) A member eligible to elect to receive the member's 3,205
retirement allowance under a plan of payment other than "plan A" 3,207
because the member is unmarried who fails to make an election on 3,209
retirement shall receive the member's retirement allowance under 3,210
"plan B."
(C) If the retirement allowances, as a single life annuity 3,212
or payment plan as provided in this section, due and paid are in 3,213
a total amount less than (1) the accumulated contributions, and 3,214
(2) other deposits made by the member as provided by sections 3,215
145.01 to 145.59 of the Revised Code THIS CHAPTER, standing to 3,216
the credit of the member at the time of retirement, then the 3,218
difference between the total amount of the allowances paid and 3,219
the accumulated contributions and other deposits shall be paid to 3,220
the beneficiary provided under division (D) of section 145.43 of 3,221
the Revised Code. 3,222
(D)(1) The death of a spouse or any designated beneficiary 3,224
following retirement shall cancel any plan of payment to provide 3,225
continuing lifetime benefits to the spouse or beneficiary and 3,226
return the retirant to the retirant's single lifetime benefit 3,228
equivalent, as determined by the board, to be effective the month 3,229
following receipt by the board of notice of the death. 3,230
(2) On divorce, annulment, or marriage dissolution, a 3,232
retirant receiving a retirement allowance under a plan that 3,233
provides for continuation of all or part of the allowance after 3,234
death for the lifetime of the retirant's surviving spouse may, 3,236
with the written consent of the spouse or pursuant to an order of 3,237
the court with jurisdiction over the termination of the marriage, 3,238
elect to cancel the plan and receive the member's single lifetime 3,240
benefit equivalent as determined by the retirement board. The 3,241
election shall be made on a form provided by the board and shall 3,242
be effective the month following its receipt by the board. 3,243
74
(E) Following a marriage or remarriage, a retirant who is 3,245
receiving the retirant's retirement allowance under "plan B" may 3,247
elect a new plan of payment under division (B)(1), (2)(b), or 3,248
(2)(c) of this section based on the actuarial equivalent of the 3,249
retirant's single lifetime benefit as determined by the board. 3,251
The plan shall become effective the first day of the month 3,252
following receipt by the board of an application on a form 3,253
approved by the board.
(F) Any person who, prior to July 24, 1990, selected an 3,255
optional plan of payment at retirement that provided for a return 3,256
to the single life benefit after the designated beneficiary's 3,257
death shall have the retirant's benefit adjusted to the optional 3,259
plan equivalent without such provision. 3,260
(G) A retirant's receipt of the first month's retirement 3,262
allowance constitutes the retirant's final acceptance of the plan 3,264
of payment and may be changed only as provided in this chapter. 3,265
Sec. 145.47. Each public employee who is a contributor to 3,275
the public employees retirement system shall contribute eight per 3,276
cent of his THE CONTRIBUTOR'S earnable salary to the employees' 3,277
savings fund, except that the public employees retirement board 3,279
may raise the contribution rate to a rate not greater than ten 3,280
per cent of the employee's earnable salary. 3,281
The head of each state department, institution, board, and 3,283
commission, and the fiscal officer of each local authority 3,284
subject to this chapter, shall deduct from the earnable salary of 3,285
each contributor on every payroll of such contributor for each 3,286
payroll period subsequent to the date of coverage, an amount 3,287
equal to the applicable per cent of the contributor's earnable 3,288
salary. The head of each state department and the fiscal officer 3,289
of each local authority subject to this chapter shall transmit 3,290
promptly to the secretary of the public employees retirement 3,291
board SYSTEM a report of contributions at such intervals and in 3,292
such form as the board SYSTEM shall require, showing thereon all 3,294
deductions for the public employees retirement system made from 3,296
75
the earnable salary of each contributor employed, together with 3,297
warrants or checks covering the total of such deductions. A 3,298
penalty of five per cent of the total amount due for the 3,299
particular reporting period shall be added when such report, 3,300
together with warrants or checks to cover the total amount due 3,301
from the earnable salary of all amenable employees of such 3,302
employer are, IS filed thirty or more days after the last day of 3,303
such reporting period. Such penalty shall be added to and 3,304
collected on the next succeeding regular employer billing. 3,305
Interest at a rate set by the retirement board shall be charged 3,306
on the amount of the penalty in case such penalty is not paid 3,307
within three months after it is added to the regular employer 3,308
billing. The secretary of the board SYSTEM, after making a 3,309
record of all such receipts, shall deposit them with the 3,311
treasurer of state for use as provided by this chapter. In 3,312
addition to the periodical reports of deduction required by this 3,313
section, the fiscal officer of each local authority subject to 3,314
this chapter shall submit to the board SYSTEM at least once each 3,316
year a complete listing of all noncontributing appointive 3,317
employees. Where an employer fails to transmit contributions to 3,318
the retirement system, the retirement board SYSTEM may make a 3,320
determination of the employees' liability for contributions and 3,321
certify to the employer the amounts due for collection in the 3,322
same manner as payments due the employers' accumulation fund, 3,323
provided that any. ANY amounts so collected shall be a penalty 3,325
against the employer and held in trust pending receipt of A 3,326
REPORT OF contributions from FOR such public employees for the 3,327
period involved as provided by law and, thereafter, the amount in 3,328
trust shall be transferred to the EMPLOYEES' SAVINGS FUND TO THE 3,329
CREDIT OF THE EMPLOYEES. ANY AMOUNT REMAINING AFTER THE TRANSFER 3,330
TO THE EMPLOYEES' SAVINGS FUND SHALL BE TRANSFERRED TO THE 3,331
employers' accumulation fund as a credit of such employer. The 3,333
fiscal officer shall require each new contributor to submit to 3,334
the board SYSTEM a detailed report of all his THE CONTRIBUTOR'S 3,336
76
previous service as a public employee along with such other facts 3,338
as the board requires for the proper operation of the public 3,339
employees retirement system.
Any member who, because of his THE MEMBER'S own illness, 3,341
injury, or other reason which may be approved by his THE MEMBER'S 3,343
employer is prevented from making his THE MEMBER'S contribution 3,345
to the system for any payroll period, may pay such deductions as 3,347
a back payment within one year. 3,348
Sec. 145.471. THE CONTRIBUTIONS REQUIRED UNDER SECTION 3,350
145.47 OF THE REVISED CODE MAY BE PAID BY THE EMPLOYER IN 3,351
ACCORDANCE WITH SECTION 414(h) OF THE "INTERNAL REVENUE CODE OF 3,354
1986," 100 STAT. 2085, 26 U.S.C.A. 414(h), AS AMENDED. 3,357
Sec. 145.48. (A) Each employer shall pay to the 3,366
employers' accumulation fund PUBLIC EMPLOYEES RETIREMENT SYSTEM 3,367
an amount that shall be a certain per cent of the earnable salary 3,369
of all contributors to be known as the "employer contribution," 3,370
except that the public employees retirement board may raise the 3,371
employer contribution to a rate not to exceed fourteen per cent 3,372
of the earnable salaries of all contributors. On 3,373
(B) ON the basis of regular interest and of such mortality 3,376
and other tables as are adopted by the public employees
retirement board, the actuary for the board shall determine the 3,377
liabilities and employer rates of contribution as follows: 3,378
(A)(1) The percentage of such earnable salary that will 3,381
provide a pension reserve sufficient to match the accumulated 3,382
contributions of those members or beneficiaries who will retire 3,383
and qualify for retirement allowances or other benefits as 3,384
provided by sections 145.33, 145.331, 145.34, 145.36, 145.361, 3,385
145.38, and division (A) of 145.45 of the Revised Code; 3,386
(B) The percentage of such earnable salary required to pay 3,388
the liability for the prior service credit, disability credit 3,389
prior to the effective date of a disability benefit, and the 3,390
military service credit of members; 3,391
(C) The percentage of such earnable salary required to pay 3,393
77
the liability of the survivors' benefit fund in excess of the 3,394
accumulated contributions forfeited by beneficiaries; 3,395
(D) The percentage of such earnable salary required to pay 3,397
the additional liability in the annuity and pension reserve fund 3,398
due to the allowances or other benefits provided by sections 3,399
145.33, 145.331, 145.34, 145.36, 145.361, and 145.45 of the 3,400
Revised Code; 3,401
(E) The percentage of such earnable salary required to 3,403
fund any deficiencies in the various funds described in section 3,404
145.23 of the Revised Code; 3,405
(F) Such employer obligation shall include the normal and 3,407
deficiency contributions and employer liability resulting from 3,408
omitted member contributions required under sections 145.47 and 3,409
145.483 of the Revised Code, but not made by payroll deduction, 3,410
WHEN ADDED TO THE PER CENT OF EARNABLE SALARY CONTRIBUTED BY EACH 3,412
MEMBER, WILL COVER THE COSTS OF BENEFITS TO BE PAID TO MEMBERS
FOR EACH YEAR OF SERVICE RENDERED; 3,413
(2) THE PERCENTAGE OF EARNABLE SALARY THAT, IF PAID OVER A 3,415
PERIOD OF FUTURE YEARS, WILL DISCHARGE FULLY THE SYSTEM'S 3,416
UNFUNDED ACTUARIAL ACCRUED PENSION LIABILITY; 3,417
(3) THE PERCENTAGE OF EARNABLE SALARY DESIGNATED BY THE 3,419
BOARD TO PAY BENEFITS AUTHORIZED UNDER SECTION 145.58 OF THE 3,420
REVISED CODE. 3,421
IF RECOGNIZED ASSETS EXCEED THE LIABILITIES FOR SERVICE 3,423
PREVIOUSLY RENDERED, ON APPROVAL OF THE BOARD, A PERCENTAGE OF 3,424
EARNABLE SALARY MAY BE DEDUCTED FROM THE EMPLOYER RATES OF 3,425
CONTRIBUTION THAT, IF DEDUCTED ANNUALLY OVER A PERIOD OF FUTURE 3,426
YEARS, WILL ELIMINATE THE EXCESS.
(C) Any publicly owned utility that became subject to this 3,428
chapter subsequent to July 1, 1938, shall assume before January 3,429
1, 1967, the obligation to pay those of its employees entitled to 3,430
any prior service credit a pension for such service that is in an 3,431
amount at least equal to the pension provided for other public 3,432
employees under sections 145.01 to 145.59 of the Revised Code 3,433
78
THIS CHAPTER. No employers' contributions for prior service 3,435
credit shall be required of such publicly owned utility. The 3,436
public employees retirement system has no obligation to pay a 3,437
prior service pension to any such employees of a publicly owned 3,438
utility, nor is it obligated to grant any service credit for 3,439
service with such utility prior to May 1, 1942, or prior to the 3,440
date such utility became subject to sections 145.01 to 145.59 of 3,441
the Revised Code THIS CHAPTER, whichever is the later date. 3,443
The aggregate of all employer rates and contributions 3,445
provided thereby shall be sufficient when combined with the 3,446
amounts in the various funds described in section 145.23 of the 3,447
Revised Code, to provide all allowances, annuities, pensions, and 3,448
other benefits payable from the funds. 3,449
Sec. 145.491 145.49. Notwithstanding any provision of 3,458
sections 145.01 to 145.59 of the Revised Code THIS CHAPTER, the 3,460
public employees retirement system shall be authorized to 3,462
calculate the employee and employer contribution rates separately
for those employees contributing toward benefits under division 3,463
(B) of section 145.33 of the Revised Code. 3,464
Sec. 145.55. The deductions provided for in sections 3,473
145.01 to 145.59 of the Revised Code THIS CHAPTER shall be made 3,475
notwithstanding that the minimum compensation provided for by law 3,477
for any contributor is reduced thereby. Every contributor is 3,478
deemed to consent to the deductions made and provided for in such
sections THIS CHAPTER and shall receipt in full for his THE 3,480
CONTRIBUTOR'S salary or compensation, and payment less the 3,481
deductions shall be a complete discharge and acquittance of all 3,482
claims and demands whatsoever for the services rendered by such 3,483
person during the period covered by such payment. 3,484
Sec. 145.56. The right of a person to a pension, an 3,493
annuity, or a retirement allowance itself, any optional benefit, 3,494
any other right accrued or accruing to any person, under sections 3,495
145.01 to 145.58 of the Revised Code THIS CHAPTER, or of any 3,496
municipal retirement system established subject to such sections, 3,498
79
under the laws of this state or any charter, the various funds 3,499
created by sections 145.01 to 145.58 of the Revised Code THIS 3,500
CHAPTER, or under such municipal retirement system, and all 3,502
moneys and investments and income thereof, are exempt from any 3,503
state tax, except the tax imposed by section 5747.02 of the 3,504
Revised Code and are exempt from any county, municipal, or other 3,506
local tax, except taxes imposed pursuant to section 5748.02 or 3,507
5748.08 of the Revised Code and, except as provided in sections 3,509
145.57, 3111.23, and 3113.21 of the Revised Code, shall not be 3,510
subject to execution, garnishment, attachment, the operation of 3,511
bankruptcy or the insolvency laws, or other process of law, and 3,512
shall be unassignable except as specifically provided in THIS 3,513
CHAPTER AND sections 145.01 to 145.58, 3111.23, and 3113.21 of 3,515
the Revised Code.
Sec. 145.563. If a member, former member, contributor, 3,524
former contributor, retirant, or beneficiary is paid any benefit 3,525
by the public employees retirement system to which he SUCH A 3,526
PERSON is not entitled, the benefit shall be repaid to the 3,528
retirement system by him THE PESON. If he THE PERSON fails to 3,529
make the repayment, the retirement system shall withhold the 3,530
amount due from any benefit due him THE PERSON or his THE 3,532
PERSON'S beneficiary under sections 145.01 to 145.59 of the 3,534
Revised Code THIS CHAPTER, or may collect the amount in any other 3,536
manner provided by law.
Sec. 145.53 145.69. The public employees retirement board 3,545
shall prepare and certify to the director of budget and 3,547
management and to the heads of the departments, on or before the 3,548
first day of November of each even-numbered year, the employer's 3,549
rate of contribution, which, when applied to earnable salaries to
be paid from state funds for positions covered by the public 3,550
employees retirement system, will produce the amount necessary to 3,551
pay the state's obligation as employer. Any appropriations for 3,552
salaries to be paid to contributors covered by this system must 3,553
be increased by the employer's contributions rate when salary 3,554
80
appropriations are made.
Sec. 145.59 145.70. All amounts due the public employees 3,563
retirement system from the state treasury pursuant to this 3,565
chapter shall be promptly paid upon warrant of the auditor of 3,566
state pursuant to a voucher approved by the director of budget
and management. 3,567
Sec. 145.80. THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL 3,569
ADOPT RULES TO IMPLEMENT EACH PLAN ESTABLISHED UNDER SECTION 3,570
145.81 OF THE REVISED CODE. 3,571
Sec. 145.81. THE PUBLIC EMPLOYEES RETIREMENT BOARD MAY 3,573
ESTABLISH ONE OR MORE PLANS CONSISTING OF BENEFIT OPTIONS THAT 3,574
PROVIDE FOR AN INDIVIDUAL ACCOUNT FOR EACH PARTICIPATING MEMBER 3,575
AND UNDER WHICH BENEFITS ARE BASED SOLELY ON THE AMOUNTS THAT 3,576
HAVE ACCUMULATED IN THE ACCOUNT. THE PLANS MAY INCLUDE OPTIONS 3,577
UNDER WHICH A MEMBER PARTICIPATING IN A PLAN MAY RECEIVE 3,578
DEFINITELY DETERMINABLE BENEFITS. EACH PLAN SHALL BE AVAILABLE 3,579
TO ALL MEMBERS OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM. 3,580
EACH PLAN ESTABLISHED UNDER THIS SECTION SHALL MEET THE 3,582
REQUIREMENTS OF SECTIONS 145.81 TO 145.98 OF THE REVISED CODE AND 3,584
ANY RULES ADOPTED IN ACCORDANCE WITH SECTION 145.80 OF THE 3,585
REVISED CODE. 3,586
THE BOARD MAY ADMINISTER THE PLANS, ENTER INTO CONTRACTS 3,588
WITH OTHER ENTITIES TO ADMINISTER THE PLANS, OR BOTH. 3,589
Sec. 145.811. EACH PLAN ESTABLISHED UNDER SECTION 145.81 3,591
OF THE REVISED CODE SHALL QUALIFY AS A GOVERNMENTAL PLAN UNDER 3,592
SECTION 414(d) OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 3,595
2085, 26 U.S.C.A. 414(d), AS AMENDED, AND MEET THE REQUIREMENTS 3,596
OF SECTION 401(a) OF THE "INTERNAL REVENUE CODE OF 1986," 26 3,601
U.S.C.A. 401(a), AS AMENDED, APPLICABLE TO GOVERNMENTAL PLANS. 3,602
Sec. 145.812. EACH PLAN ESTABLISHED UNDER SECTION 145.81 3,604
OF THE REVISED CODE SHALL MEET THE REQUIREMENTS NECESSARY TO 3,606
QUALIFY AS A RETIREMENT SYSTEM MAINTAINED BY A STATE OR LOCAL 3,607
GOVERNMENT ENTITY UNDER SECTION 3121(b)(7)(F) OF THE "INTERNAL 3,609
REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 3121(b)(7)(F), 3,613
81
AS AMENDED. EACH PARTICIPANT IN A PLAN SHALL QUALIFY AS A MEMBER 3,615
OF THAT SYSTEM.
Sec. 145.813. EACH PLAN ESTABLISHED UNDER SECTION 145.81 3,617
OF THE REVISED CODE SHALL REQUIRE THE PUBLIC EMPLOYEES RETIREMENT 3,619
BOARD, OR THE ENTITY ADMINISTERING THE PLAN PURSUANT TO A 3,620
CONTRACT WITH THE BOARD, TO CAUSE AN INDIVIDUAL ACCOUNT TO BE 3,621
MAINTAINED FOR EACH MEMBER PARTICIPATING IN THE PLAN. A PLAN MAY 3,623
INCLUDE DEPOSITS TO THE DEFINED CONTRIBUTION FUND CREATED UNDER 3,624
SECTION 145.23 OF THE REVISED CODE OR DEPOSITS UNDER DIVISION (C) 3,626
OF THAT SECTION TO THE EMPLOYEES' SAVINGS FUND. 3,627
Sec. 145.82. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 3,629
THIS SECTION, SECTIONS 145.201 TO 145.70 OF THE REVISED CODE DO 3,631
NOT APPLY TO A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE 3,633
REVISED CODE, EXCEPT THAT A PLAN MAY INCORPORATE PROVISIONS OF 3,635
THOSE SECTIONS AS SPECIFIED IN THE PLAN DOCUMENT. 3,636
(B) THE FOLLOWING SECTIONS OF CHAPTER 145. OF THE REVISED 3,639
CODE APPLY TO A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE 3,640
REVISED CODE: 145.22, 145.221, 145.23, 145.25, 145.26, 145.27, 3,641
145.296, 145.38, 145.382, 145.391, 145.47, 145.471, 145.48, 3,643
145.483, 145.49, 145.54, 145.55, 145.56, 145.561, 145.563, 3,644
145.57, 145.69, AND 145.70 OF THE REVISED CODE.
Sec. 145.85. EACH MEMBER PARTICIPATING IN A PLAN 3,646
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE SHALL 3,647
CONTRIBUTE A PER CENT OF THE MEMBER'S EARNABLE SALARY TO THE 3,649
PUBLIC EMPLOYEES RETIREMENT SYSTEM AS REQUIRED IN SECTION 145.47 3,650
OF THE REVISED CODE. CONTRIBUTIONS MADE UNDER THIS SECTION SHALL 3,651
NOT EXCEED THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL 3,652
REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 415, AS 3,656
AMENDED.
Sec. 145.86. FOR EACH MEMBER PARTICIPATING IN A PLAN 3,658
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, THE 3,659
EMPLOYER SHALL CONTRIBUTE A PER CENT OF THE MEMBER'S EARNABLE 3,660
SALARY TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AS REQUIRED IN 3,661
SECTION 145.48 OF THE REVISED CODE, LESS THE PERCENTAGE REQUIRED 3,662
82
UNDER SECTION 145.87 OF THE REVISED CODE. 3,663
Sec. 145.87. FOR EACH MEMBER PARTICIPATING IN A PLAN 3,665
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, THE PUBLIC 3,666
EMPLOYEES RETIREMENT SYSTEM SHALL TRANSFER TO THE EMPLOYERS' 3,668
ACCUMULATION FUND A PORTION OF THE EMPLOYER CONTRIBUTION REQUIRED 3,669
UNDER SECTION 145.48 OF THE REVISED CODE. THE PORTION SHALL 3,670
EQUAL THE PERCENTAGE OF COMPENSATION OF MEMBERS FOR WHOM THE 3,671
CONTRIBUTIONS ARE BEING MADE THAT IS DETERMINED BY AN ACTUARY 3,672
APPOINTED BY THE PUBLIC EMPLOYEES RETIREMENT BOARD TO BE 3,673
NECESSARY TO MITIGATE ANY NEGATIVE FINANCIAL IMPACT ON THE SYSTEM 3,674
OF MEMBERS' PARTICIPATION IN A PLAN. 3,675
THE BOARD SHALL HAVE PREPARED ANNUALLY AN ACTUARIAL STUDY 3,677
TO DETERMINE WHETHER THE PERCENTAGE TRANSFERRED UNDER THIS 3,678
SECTION SHOULD BE CHANGED TO REFLECT A CHANGE IN THE LEVEL OF 3,679
NEGATIVE FINANCIAL IMPACT RESULTING FROM MEMBERS' PARTICIPATION 3,680
IN A PLAN. THE PERCENTAGE TRANSFERRED SHALL BE INCREASED OR 3,681
DECREASED TO REFLECT THE AMOUNT NEEDED TO MITIGATE THE NEGATIVE 3,682
FINANCIAL IMPACT, IF ANY, ON THE SYSTEM, AS DETERMINED BY THE 3,683
STUDY. A CHANGE SHALL TAKE EFFECT ON THE FIRST DAY OF THE MONTH 3,684
FOLLOWING THE DATE THE CONCLUSIONS OF THE STUDY ARE REPORTED TO 3,685
THE BOARD. 3,686
THE SYSTEM SHALL MAKE THE TRANSFER REQUIRED UNDER THIS 3,688
SECTION UNTIL THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR ALL 3,689
BENEFITS, EXCEPT HEALTH CARE BENEFITS PROVIDED UNDER SECTION 3,690
145.325 OR 145.58 OF THE REVISED CODE AND BENEFIT INCREASES TO 3,691
MEMBERS AND FORMER MEMBERS PARTICIPATING IN THE PLAN DESCRIBED IN 3,692
SECTIONS 145.201 TO 145.70 OF THE REVISED CODE GRANTED AFTER THE 3,693
EFFECTIVE DATE OF THIS SECTION, IS FULLY AMORTIZED, AS DETERMINED 3,694
BY THE ANNUAL ACTUARIAL VALUATION PREPARED UNDER SECTION 145.22 3,695
OF THE REVISED CODE. 3,696
Sec. 145.88. AMOUNTS CONTRIBUTED UNDER SECTIONS 145.85 AND 3,698
145.86 OF THE REVISED CODE, AND ANY EARNINGS ON THOSE AMOUNTS, 3,699
SHALL BE DEPOSITED AND CREDITED IN ACCORDANCE WITH THE PLAN 3,701
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE THAT IS 3,702
83
SELECTED BY THE MEMBER. 3,703
Sec. 145.91. THE RIGHT OF EACH MEMBER PARTICIPATING IN A 3,705
PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE TO A 3,706
RETIREMENT, DISABILITY, SURVIVOR, OR DEATH BENEFIT, TO HEALTH OR 3,707
LONG-TERM CARE INSURANCE, OR TO A WITHDRAWAL OF ANY AMOUNTS THAT 3,708
HAVE ACCUMULATED ON THE MEMBER'S BEHALF SHALL BE GOVERNED 3,709
EXCLUSIVELY BY THE PLAN SELECTED BY THE MEMBER. 3,710
Sec. 145.92. IF A MEMBER PARTICIPATING IN A PLAN 3,712
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE IS MARRIED 3,713
AT THE TIME BENEFITS UNDER THE PLAN ARE TO COMMENCE, BEFORE 3,715
MAKING ANY PAYMENT THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, OR THE 3,716
ENTITY ADMINISTERING THE PLAN PURSUANT TO A CONTRACT WITH THE 3,718
PUBLIC EMPLOYEES RETIREMENT BOARD, SHALL OBTAIN THE CONSENT OF 3,719
THE MEMBER'S SPOUSE TO THE FORM OF PAYMENT SELECTED BY THE 3,720
MEMBER.
A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE 3,723
SHALL INCLUDE REQUIREMENTS FOR CONSENT UNDER THIS SECTION THAT 3,724
ARE THE SAME AS THE REQUIREMENTS SPECIFIED IN SECTION 417(a)(2) 3,726
OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 3,730
U.S.C.A. 417(a)(2), AS AMENDED. A PLAN MAY WAIVE CONSENT IF THE 3,731
SPOUSE CANNOT BE LOCATED OR FOR ANY OTHER REASON SPECIFIED IN THE 3,732
REGULATIONS ADOPTED UNDER THAT SECTION. 3,733
CONSENT OR WAIVER IS EFFECTIVE ONLY WITH REGARD TO THE 3,735
SPOUSE WHO IS THE SUBJECT OF THE CONSENT OR WAIVER. 3,736
Sec. 145.95. SUBJECT TO SECTIONS 145.38, 145.56, AND 3,738
145.57 OF THE REVISED CODE, THE RIGHT OF A MEMBER PARTICIPATING 3,740
IN A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE TO 3,741
ANY PAYMENT OR BENEFIT ACCRUING FROM CONTRIBUTIONS MADE BY OR ON 3,743
BEHALF OF THE MEMBER UNDER SECTIONS 145.85 AND 145.86 OF THE 3,744
REVISED CODE SHALL VEST IN ACCORDANCE WITH THIS SECTION. 3,745
A MEMBER'S RIGHT TO ANY PAYMENT OR BENEFIT THAT IS BASED ON 3,747
THE MEMBER'S CONTRIBUTIONS IS NONFORFEITABLE. 3,748
A MEMBER'S RIGHT TO ANY PAYMENT OR BENEFIT THAT IS BASED ON 3,750
CONTRIBUTIONS BY THE MEMBER'S EMPLOYER IS NONFORFEITABLE AS 3,751
84
SPECIFIED BY THE PLAN SELECTED BY THE MEMBER. 3,752
Sec. 145.97. EACH PLAN ESTABLISHED UNDER SECTION 145.81 OF 3,754
THE REVISED CODE SHALL PERMIT A MEMBER PARTICIPATING IN THE PLAN 3,756
TO DO ALL OF THE FOLLOWING: 3,757
(A) MAINTAIN ON DEPOSIT WITH THE PUBLIC EMPLOYEES 3,759
RETIREMENT SYSTEM, OR THE ENTITY ADMINISTERING THE PLAN PURSUANT 3,760
TO A CONTRACT WITH THE PUBLIC EMPLOYEES RETIREMENT BOARD, ANY 3,761
AMOUNTS THAT HAVE ACCUMULATED ON BEHALF OF THE MEMBER; 3,762
(B) IF THE MEMBER HAS WITHDRAWN THE AMOUNTS DESCRIBED IN 3,764
DIVISION (A) OF THIS SECTION, REDEPOSIT WITH THE SYSTEM OR THE 3,765
ENTITY ADMINISTERING THE PLAN THE AMOUNTS WITHDRAWN; 3,766
(C) MAKE ADDITIONAL DEPOSITS AS PERMITTED BY THE "INTERNAL 3,769
REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED. 3,771
Sec. 145.98. CONTRIBUTIONS UNDER SECTIONS 145.85 AND 3,774
145.86 OF THE REVISED CODE SHALL CEASE ON THE MEMBER'S DEATH OR 3,775
TERMINATION OF EMPLOYMENT OR FOR ANY OTHER REASON SPECIFIED BY 3,776
THE PLAN SELECTED BY THE MEMBER. 3,777
Sec. 145.71 148.01. (A) As used in sections 145.71 to 3,786
145.76 of the Revised Code THIS CHAPTER: 3,788
(1) "Eligible employee" means any public employee, as 3,790
defined in division (A) of section 145.01 of the Revised Code, 3,791
any person eligible to become a member of the public employees 3,792
retirement system under section 145.20 of the Revised Code, any 3,793
employee, as defined in division (C) of section 742.01, division 3,794
(B) of section 3309.01, or division (A) of section 5505.01 of the 3,795
Revised Code, and any member of the state teachers retirement 3,796
system. 3,797
(2) "Participant account" means any of the following 3,799
accounts: 3,800
(a) An account that is maintained by the Ohio public 3,802
employees deferred compensation board and that evidences moneys 3,803
that have been deferred by a continuing member or participating 3,804
employee and transmitted to the board by the retirement system of 3,805
the continuing member or participating employee; 3,806
85
(b) An account that is maintained by the governing board, 3,808
administrator, depository, or trustee of a deferred compensation 3,809
program of a municipal corporation and that evidences moneys that 3,810
have been deferred by an officer or employee of that municipal 3,811
corporation and transmitted to the governing board, 3,812
administrator, depository, or trustee by the retirement system of 3,813
the officer or employee or in another manner; 3,814
(c) An account that is maintained by a governing board, as 3,816
defined in section 145.74 148.06 of the Revised Code, and that 3,817
evidences moneys that have been deferred by an officer or 3,819
employee of a government unit, as defined in that section, and 3,820
transmitted to the governing board by the retirement system of 3,821
the officer or employee or in another manner. 3,822
(3) "Participating employee" means any eligible employee 3,824
who is having compensation deferred pursuant to a contract that 3,825
is executed before the compensation is earned and that is with 3,826
his THE ELIGIBLE EMPLOYEE'S employer and the Ohio public 3,827
employees deferred compensation board. 3,829
(4) "Continuing member" means any former participating 3,831
employee who is not currently having compensation deferred, or 3,832
his THE FORMER PARTICIPATING EMPLOYEE'S beneficiary, to whom 3,833
payment has not been made of all deferred compensation 3,835
distributions.
(B) Notwithstanding section 145.01 of the Revised Code, 3,837
the definitions of that section are applicable to sections 145.71 3,838
to 145.76 of the Revised Code THIS CHAPTER only to any extent 3,839
necessary to fully understand the provisions of those sections. 3,841
Reference may also be had to Chapters 742., 3307., 3309., and 3,842
5505. of the Revised Code for that purpose. 3,843
Sec. 145.72 148.02. The Ohio public employees deferred 3,852
compensation board shall be comprised of a member of the house of 3,853
representatives and a member of the senate, who shall not be of 3,854
the same political party, each to be appointed to serve at the 3,855
pleasure of his THE MEMBER'S respective leadership, and the 3,856
86
members of the public employees retirement board as constituted 3,858
by section 145.04 of the Revised Code, who are hereby created as 3,859
a separate legal entity for the purpose of administering a 3,860
deferred compensation system for all eligible employees. The 3,861
public employees retirement board may utilize its employees and 3,862
property in the administration of the system on behalf of the 3,863
Ohio public employees deferred compensation board, in 3,864
consideration of a reasonable service charge to be applied in a 3,865
nondiscriminatory manner to all amounts of compensation deferred 3,866
under this system.
The Ohio public employees deferred compensation board may 3,868
exercise the same powers granted by section 145.09 of the Revised 3,869
Code necessary to its functions. The attorney general shall be 3,870
the legal adviser of the board. 3,871
Sec. 145.73 148.04. (A) The Ohio public employees 3,880
deferred compensation board shall initiate, plan, expedite, and, 3,881
subject to an appropriate assurance of the approval of the 3,882
internal revenue service, promulgate and offer to all eligible 3,883
employees, and thereafter administer on behalf of all 3,884
participating employees and continuing members, and alter as 3,885
required, a program for deferral of compensation, including a 3,886
reasonable number of options to the employee for the investment 3,887
of deferred funds, including life insurance, annuities, variable 3,888
annuities, pooled investment funds managed by the board, or other 3,890
forms of investment approved by the board, always in such form as 3,891
will assure the desired tax treatment of such funds. The members 3,892
of the Ohio public employees deferred compensation board are the 3,893
trustees of any deferred funds and shall discharge their duties 3,894
with respect to the funds solely in the interest of and for the
exclusive benefit of participating employees, continuing members, 3,895
and their beneficiaries. With respect to such deferred funds, 3,896
section 145.75 148.09 of the Revised Code shall apply to claims 3,898
against participating employees or continuing members and their 3,899
employers.
87
(B) Every employer of an eligible employee shall contract 3,901
with such employee upon the employee's application for 3,902
participation in a deferred compensation program offered by the 3,904
board. Every retirement system serving an eligible employee 3,905
shall serve as collection agent for compensation deferred by any 3,906
of its members and account for and deliver such sums to the 3,907
board.
(C) The board shall, subject to any applicable contract 3,909
provisions, undertake to obtain as favorable conditions of tax 3,910
treatment as possible, both in the initial programs and any 3,911
permitted alterations thereof or additions thereto, as to such 3,912
matters as terms of distribution, designation of beneficiaries, 3,913
withdrawal upon disability, financial hardship, or termination of 3,914
public employment, and other optional provisions. 3,915
(D) In no event shall the total of the amount of deferred 3,917
compensation to be set aside under a deferred compensation 3,918
program and the employee's nondeferred income for any year exceed 3,919
the total annual salary or compensation under the existing salary 3,920
schedule or classification plan applicable to such employee in 3,921
such year. 3,922
Such a deferred compensation program shall be in addition 3,924
to any retirement or any other benefit program provided by law 3,925
for employees of this state. The board shall adopt rules 3,926
pursuant to Chapter 119. of the Revised Code to provide any 3,927
necessary standards or conditions for the administration of its 3,928
programs, including any limits on the portion of a participating 3,929
employee's compensation that may be deferred in order to avoid 3,930
adverse treatment of the program by the internal revenue service 3,931
or the occurrence of deferral, withholding, or other deductions 3,932
in excess of the compensation available for any pay period. 3,933
Any income deferred under such a plan shall continue to be 3,935
included as regular compensation for the purpose of computing the 3,936
contributions to and benefits from the retirement system of such 3,937
employee. Any sum so deferred shall not be included in the 3,938
88
computation of any federal and state income taxes withheld on 3,939
behalf of any such employee. 3,940
(E) This section does not limit the authority of any 3,942
municipal corporation, county, township, park district, 3,943
conservancy district, sanitary district, health district, public 3,944
library, county law library, public institution of higher 3,945
education, or school district to provide separate authorized 3,946
plans or programs for deferring compensation of their officers 3,947
and employees in addition to the program for the deferral of 3,948
compensation offered by the board. Any municipal corporation, 3,949
public institution of higher education, or school district that 3,950
offers such plans or programs shall include a reasonable number 3,951
of options to its officers or employees for the investment of the 3,952
deferred funds, including annuities, variable annuities, 3,953
regulated investment trusts, or other forms of investment 3,954
approved by the municipal corporation, institution of higher 3,955
education, or school district, that will assure the desired tax 3,956
treatment of the funds. 3,957
Sec. 145.74 148.06. As used in this section: 3,966
(A) "Government unit" means a county, township, park 3,968
district of any kind, conservancy district, sanitary district, 3,969
health district, public library district, or county law library. 3,970
(B) "Governing board" means, in the case of the county, 3,972
the board of county commissioners; in the case of a township, the 3,973
board of township trustees; in the case of a park district, the 3,974
board of park commissioners; in the case of a conservancy 3,975
district, the district's board of directors; in the case of a 3,976
sanitary district, the district's board of directors; in the case 3,977
of a health district, the board of health; in the case of a 3,978
public library district, the board of library trustees; and in 3,979
the case of a county law library, the board of trustees of the 3,980
law library association. 3,981
In addition to the program of deferred compensation that 3,983
may be offered under sections 145.71 to 145.73 of the Revised 3,984
89
Code THIS CHAPTER, a governing board may offer to all of the 3,985
officers and employees of the government unit not to exceed two 3,987
additional programs for deferral of compensation designed for 3,988
favorable tax treatment of the compensation so deferred. Any 3,989
such program shall include a reasonable number of options to the 3,990
officer or employee for the investment of the deferred funds, 3,991
including annuities, variable annuities, regulated investment 3,992
trusts, or other forms of investment approved by the governing 3,993
board, that will assure the desired tax treatment of the funds. 3,994
Any income deferred under such a plan shall continue to be 3,996
included as regular compensation for the purpose of computing the 3,997
contributions to and benefits from the officer's or employee's 3,998
retirement system but shall not be included in the computation of 3,999
any federal and state income taxes withheld on behalf of any such 4,000
employee. 4,001
Sec. 145.75 148.09. Except as provided in sections 145.71 4,010
to 145.76, 3105.171, 3105.63, and 3113.21 of the Revised Code AND 4,012
THIS CHAPTER, a participant account or any benefit or other right 4,014
accrued or accruing to any person under sections 145.71 to 145.76 4,015
of the Revised Code THIS CHAPTER or under a deferred compensation 4,016
program offered by a government unit, as defined in section 4,017
145.74 148.06 of the Revised Code, or by a municipal corporation 4,019
shall not be subject to execution, garnishment, attachment, sale 4,020
to satisfy a judgment or order, the operation of bankruptcy or 4,021
insolvency laws, or other process of law and shall be
unassignable.
Sec. 145.76 148.10. (A) Notwithstanding any other 4,030
provision of sections 145.71 to 145.76 of the Revised Code THIS 4,032
CHAPTER, any payment, other than a survivorship benefit, that is 4,034
to be made to a person by a deferred compensation program 4,035
pursuant to those sections or a deferred compensation program 4,036
offered by a government unit, as defined in section 145.74 148.06 4,037
of the Revised Code, or by a municipal corporation is subject to 4,039
any withholding order issued pursuant to section 2907.15 or 4,040
90
division (C)(2)(b) of section 2921.41 of the Revised Code. The 4,041
Ohio public employees deferred compensation board, the governing 4,042
board, as defined in section 145.74 148.06 of the Revised Code, 4,044
that is associated with a government unit, and the governing 4,045
board, administrator, depository, or trustee of a deferred 4,046
compensation program of a municipal corporation shall comply with 4,047
that withholding order in making payment.
(B) Notwithstanding any other provision of sections 145.71 4,049
to 145.76 of the Revised Code THIS CHAPTER, if a deferred 4,050
compensation program receives a notice pursuant to section 4,052
2907.15 or division (D) of section 2921.41 of the Revised Code 4,054
that a person who has a participant account has been charged with 4,055
a violation of section 2907.02, 2907.03, 2907.04, 2907.05, or 4,056
2921.41 of the Revised Code, no payment from that account shall 4,057
be made prior to whichever of the following is applicable: 4,058
(1) If the person is convicted of or pleads guilty to the 4,060
violation and a motion for a withholding order for purposes of 4,061
restitution has not been filed under section 2907.15 or division 4,063
(C)(2)(b)(i) of section 2921.41 of the Revised Code, thirty days
after the day on which the person is sentenced for the violation; 4,065
(2) If the person is convicted of or pleads guilty to the 4,067
violation and a motion for a withholding order for purposes of 4,068
restitution has been filed under section 2907.15 or division 4,069
(C)(2)(b)(i) of section 2921.41 of the Revised Code, the day on 4,070
which the court decides the motion; 4,072
(3) If the charge is dismissed or the person is found not 4,074
guilty or not guilty by reason of insanity of the violation, the 4,075
day on which the dismissal of the charge or the verdict is 4,076
entered in the journal of the court. 4,077
Sec. 306.45. All officers and employees of a regional 4,086
transit authority shall be considered as public employees within 4,087
the meaning of section 145.01 of the Revised Code and a regional 4,088
transit authority, its officers, and employees shall be subject 4,089
to sections 145.01 to 145.57, inclusive, CHAPTER 145. of the 4,090
91
Revised Code.
Sec. 308.15. All officers and employees of a regional 4,099
airport authority shall be considered as public employees within 4,100
the meaning of section 145.01 of the Revised Code and a regional 4,101
airport authority, its officers and employees shall be subject to 4,102
the provisions of sections 145.01 to 145.57, inclusive, CHAPTER 4,103
145. of the Revised Code. 4,104
Sec. 2329.66. (A) Every person who is domiciled in this 4,113
state may hold property exempt from execution, garnishment, 4,114
attachment, or sale to satisfy a judgment or order, as follows: 4,115
(1)(a) In the case of a judgment or order regarding money 4,117
owed for health care services rendered or health care supplies 4,118
provided to the person or a dependent of the person, one parcel 4,119
or item of real or personal property that the person or a 4,120
dependent of the person uses as a residence. Division (A)(1)(a) 4,121
of this section does not preclude, affect, or invalidate the 4,122
creation under this chapter of a judgment lien upon the exempted 4,123
property but only delays the enforcement of the lien until the 4,124
property is sold or otherwise transferred by the owner or in 4,125
accordance with other applicable laws to a person or entity other 4,126
than the surviving spouse or surviving minor children of the 4,127
judgment debtor. Every person who is domiciled in this state may 4,128
hold exempt from a judgment lien created pursuant to division 4,129
(A)(1)(a) of this section the person's interest, not to exceed 4,130
five thousand dollars, in the exempted property. 4,131
(b) In the case of all other judgments and orders, the 4,133
person's interest, not to exceed five thousand dollars, in one 4,134
parcel or item of real or personal property that the person or a 4,135
dependent of the person uses as a residence. 4,136
(2) The person's interest, not to exceed one thousand 4,138
dollars, in one motor vehicle; 4,139
(3) The person's interest, not to exceed two hundred 4,141
dollars in any particular item, in wearing apparel, beds, and 4,142
bedding, and the person's interest, not to exceed three hundred 4,143
92
dollars in each item, in one cooking unit and one refrigerator or 4,144
other food preservation unit; 4,145
(4)(a) The person's interest, not to exceed four hundred 4,147
dollars, in cash on hand, money due and payable, money to become 4,148
due within ninety days, tax refunds, and money on deposit with a 4,149
bank, savings and loan association, credit union, public utility, 4,150
landlord, or other person. Division (A)(4)(a) of this section 4,151
applies only in bankruptcy proceedings. This exemption may 4,152
include the portion of personal earnings that is not exempt under 4,153
division (A)(13) of this section. 4,154
(b) Subject to division (A)(4)(d) of this section, the 4,156
person's interest, not to exceed two hundred dollars in any 4,157
particular item, in household furnishings, household goods, 4,158
appliances, books, animals, crops, musical instruments, firearms, 4,159
and hunting and fishing equipment, that are held primarily for 4,160
the personal, family, or household use of the person; 4,161
(c) Subject to division (A)(4)(d) of this section, the 4,163
person's interest in one or more items of jewelry, not to exceed 4,164
four hundred dollars in one item of jewelry and not to exceed two 4,165
hundred dollars in every other item of jewelry; 4,166
(d) Divisions (A)(4)(b) and (c) of this section do not 4,168
include items of personal property listed in division (A)(3) of 4,169
this section. 4,170
If the person does not claim an exemption under division 4,172
(A)(1) of this section, the total exemption claimed under 4,173
division (A)(4)(b) of this section shall be added to the total 4,174
exemption claimed under division (A)(4)(c) of this section, and 4,175
the total shall not exceed two thousand dollars. If the person 4,176
claims an exemption under division (A)(1) of this section, the 4,177
total exemption claimed under division (A)(4)(b) of this section 4,178
shall be added to the total exemption claimed under division 4,179
(A)(4)(c) of this section, and the total shall not exceed one 4,180
thousand five hundred dollars. 4,181
(5) The person's interest, not to exceed an aggregate of 4,183
93
seven hundred fifty dollars, in all implements, professional 4,184
books, or tools of the person's profession, trade, or business, 4,185
including agriculture; 4,187
(6)(a) The person's interest in a beneficiary fund set 4,189
apart, appropriated, or paid by a benevolent association or 4,190
society, as exempted by section 2329.63 of the Revised Code; 4,191
(b) The person's interest in contracts of life or 4,193
endowment insurance or annuities, as exempted by section 3911.10 4,194
of the Revised Code; 4,195
(c) The person's interest in a policy of group insurance 4,197
or the proceeds of a policy of group insurance, as exempted by 4,198
section 3917.05 of the Revised Code; 4,199
(d) The person's interest in money, benefits, charity, 4,201
relief, or aid to be paid, provided, or rendered by a fraternal 4,202
benefit society, as exempted by section 3921.18 of the Revised 4,203
Code; 4,204
(e) The person's interest in the portion of benefits under 4,206
policies of sickness and accident insurance and in lump-sum 4,207
payments for dismemberment and other losses insured under those 4,208
policies, as exempted by section 3923.19 of the Revised Code. 4,209
(7) The person's professionally prescribed or medically 4,211
necessary health aids; 4,212
(8) The person's interest in a burial lot, including, but 4,214
not limited to, exemptions under section 517.09 or 1721.07 of the 4,215
Revised Code; 4,216
(9) The person's interest in the following: 4,218
(a) Moneys paid or payable for living maintenance or 4,220
rights, as exempted by section 3304.19 of the Revised Code; 4,221
(b) Workers' compensation, as exempted by section 4123.67 4,224
of the Revised Code; 4,225
(c) Unemployment compensation benefits, as exempted by 4,227
section 4141.32 of the Revised Code; 4,228
(d) Cash assistance payments under the Ohio works first 4,230
program, as exempted by section 5107.75 of the Revised Code; 4,232
94
(e) Disability assistance payments, as exempted by section 4,234
5115.07 of the Revised Code. 4,235
(10)(a) Except in cases in which the person was convicted 4,237
of or pleaded guilty to a violation of section 2921.41 of the 4,238
Revised Code and in which an order for the withholding of 4,239
restitution from payments was issued under division (C)(2)(b) of 4,240
that section or in cases in which an order for withholding was 4,241
issued under section 2907.15 of the Revised Code, and only to the 4,242
extent provided in the order, and except as provided in sections 4,246
3105.171, 3105.63, 3111.23, and 3113.21 of the Revised Code, the 4,248
person's right to a pension, benefit, annuity, retirement 4,249
allowance, or accumulated contributions, the person's right to a 4,250
participant account in any deferred compensation program offered 4,251
by the Ohio public employees deferred compensation board, a 4,252
government unit, or a municipal corporation, or the person's 4,253
other accrued or accruing rights, as exempted by section 145.56, 4,254
145.75, 146.13, 148.09, 742.47, 3307.71, 3309.66, or 5505.22 of 4,256
the Revised Code, and the person's right to benefits from the 4,257
Ohio public safety officers death benefit fund; 4,259
(b) Except as provided in sections 3111.23 and 3113.21 of 4,262
the Revised Code, the person's right to receive a payment under 4,263
any pension, annuity, or similar plan or contract, not including 4,264
a payment from a stock bonus or profit-sharing plan or a payment 4,265
included in division (A)(6)(b) or (10)(a) of this section, on 4,266
account of illness, disability, death, age, or length of service, 4,267
to the extent reasonably necessary for the support of the person 4,268
and any of the person's dependents, except if all the following 4,269
apply: 4,270
(i) The plan or contract was established by or under the 4,272
auspices of an insider that employed the person at the time the 4,273
person's rights under the plan or contract arose. 4,274
(ii) The payment is on account of age or length of 4,276
service. 4,277
(iii) The plan or contract is not qualified under the 4,279
95
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 4,280
amended. 4,281
(c) Except for any portion of the assets that were 4,283
deposited for the purpose of evading the payment of any debt and 4,284
except as provided in sections 3111.23 and 3113.21 of the Revised 4,286
Code, the person's right in the assets held in, or to receive any 4,288
payment under, any individual retirement account, individual 4,289
retirement annuity, "Roth IRA," or education individual 4,290
retirement account that provides benefits by reason of illness, 4,292
disability, death, or age, to the extent that the assets, 4,293
payments, or benefits described in division (A)(10)(c) of this 4,294
section are attributable to any of the following: 4,295
(i) Contributions of the person that were less than or 4,298
equal to the applicable limits on deductible contributions to an 4,299
individual retirement account or individual retirement annuity in 4,300
the year that the contributions were made, whether or not the 4,301
person was eligible to deduct the contributions on the person's 4,302
federal tax return for the year in which the contributions were 4,303
made;
(ii) Contributions of the person that were less than or 4,306
equal to the applicable limits on contributions to a Roth IRA or 4,307
education individual retirement account in the year that the 4,308
contributions were made;
(iii) Contributions of the person that are within the 4,311
applicable limits on rollover contributions under subsections 4,312
219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 4,313
408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue 4,316
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 4,318
(d) Except for any portion of the assets that were 4,321
deposited for the purpose of evading the payment of any debt and 4,322
except as provided in sections 3111.23 and 3113.21 of the Revised 4,323
Code, the person's right in the assets held in, or to receive any 4,324
payment under, any Keogh or "H.R. 10" plan that provides benefits 4,325
by reason of illness, disability, death, or age, to the extent 4,326
96
reasonably necessary for the support of the person and any of the 4,327
person's dependents. 4,328
(11) The person's right to receive spousal support, child 4,330
support, an allowance, or other maintenance to the extent 4,331
reasonably necessary for the support of the person and any of the 4,332
person's dependents; 4,334
(12) The person's right to receive, or moneys received 4,336
during the preceding twelve calendar months from, any of the 4,337
following: 4,338
(a) An award of reparations under sections 2743.51 to 4,340
2743.72 of the Revised Code, to the extent exempted by division 4,341
(D) of section 2743.66 of the Revised Code; 4,342
(b) A payment on account of the wrongful death of an 4,344
individual of whom the person was a dependent on the date of the 4,345
individual's death, to the extent reasonably necessary for the 4,346
support of the person and any of the person's dependents; 4,347
(c) Except in cases in which the person who receives the 4,349
payment is an inmate, as defined in section 2969.21 of the 4,350
Revised Code, and in which the payment resulted from a civil 4,351
action or appeal against a government entity or employee, as 4,352
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 4,354
injury, not including pain and suffering or compensation for 4,355
actual pecuniary loss, of the person or an individual for whom 4,356
the person is a dependent;
(d) A payment in compensation for loss of future earnings 4,358
of the person or an individual of whom the person is or was a 4,359
dependent, to the extent reasonably necessary for the support of 4,360
the debtor and any of the debtor's dependents. 4,361
(13) Except as provided in sections 3111.23 and 3113.21 of 4,364
the Revised Code, personal earnings of the person owed to the
person for services in an amount equal to the greater of the 4,365
following amounts: 4,366
(a) If paid weekly, thirty times the current federal 4,368
97
minimum hourly wage; if paid biweekly, sixty times the current 4,369
federal minimum hourly wage; if paid semimonthly, sixty-five 4,370
times the current federal minimum hourly wage; or if paid 4,371
monthly, one hundred thirty times the current federal minimum 4,372
hourly wage that is in effect at the time the earnings are 4,373
payable, as prescribed by the "Fair Labor Standards Act of 1938," 4,374
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 4,375
(b) Seventy-five per cent of the disposable earnings owed 4,377
to the person. 4,378
(14) The person's right in specific partnership property, 4,380
as exempted by division (B)(3) of section 1775.24 of the Revised 4,381
Code; 4,382
(15) A seal and official register of a notary public, as 4,384
exempted by section 147.04 of the Revised Code; 4,385
(16) The person's interest in a tuition credit or a 4,387
payment under section 3334.09 of the Revised Code pursuant to a 4,388
tuition credit contract, as exempted by section 3334.15 of the 4,389
Revised Code;
(17) Any other property that is specifically exempted from 4,391
execution, attachment, garnishment, or sale by federal statutes 4,392
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 4,393
U.S.C.A. 101, as amended; 4,394
(18) The person's interest, not to exceed four hundred 4,396
dollars, in any property, except that division (A)(18) of this 4,397
section applies only in bankruptcy proceedings. 4,398
(B) As used in this section: 4,400
(1) "Disposable earnings" means net earnings after the 4,402
garnishee has made deductions required by law, excluding the 4,403
deductions ordered pursuant to section 3111.23 or 3113.21 of the 4,405
Revised Code. 4,406
(2) "Insider" means: 4,408
(a) If the person who claims an exemption is an 4,410
individual, a relative of the individual, a relative of a general 4,411
partner of the individual, a partnership in which the individual 4,412
98
is a general partner, a general partner of the individual, or a 4,413
corporation of which the individual is a director, officer, or in 4,414
control; 4,415
(b) If the person who claims an exemption is a 4,417
corporation, a director or officer of the corporation; a person 4,418
in control of the corporation; a partnership in which the 4,419
corporation is a general partner; a general partner of the 4,420
corporation; or a relative of a general partner, director, 4,421
officer, or person in control of the corporation; 4,422
(c) If the person who claims an exemption is a 4,424
partnership, a general partner in the partnership; a general 4,425
partner of the partnership; a person in control of the 4,426
partnership; a partnership in which the partnership is a general 4,427
partner; or a relative in, a general partner of, or a person in 4,428
control of the partnership; 4,429
(d) An entity or person to which or whom any of the 4,431
following applies: 4,432
(i) The entity directly or indirectly owns, controls, or 4,434
holds with power to vote, twenty per cent or more of the 4,435
outstanding voting securities of the person who claims an 4,436
exemption, unless the entity holds the securities in a fiduciary 4,437
or agency capacity without sole discretionary power to vote the 4,438
securities or holds the securities solely to secure to debt and 4,439
the entity has not in fact exercised the power to vote. 4,440
(ii) The entity is a corporation, twenty per cent or more 4,442
of whose outstanding voting securities are directly or indirectly 4,443
owned, controlled, or held with power to vote, by the person who 4,444
claims an exemption or by an entity to which division 4,445
(B)(2)(d)(i) of this section applies. 4,446
(iii) A person whose business is operated under a lease or 4,448
operating agreement by the person who claims an exemption, or a 4,449
person substantially all of whose business is operated under an 4,450
operating agreement with the person who claims an exemption. 4,451
(iv) The entity operates the business or all or 4,453
99
substantially all of the property of the person who claims an 4,454
exemption under a lease or operating agreement. 4,455
(e) An insider, as otherwise defined in this section, of a 4,457
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 4,458
(iv) of this section applies, as if the person or entity were a 4,459
person who claims an exemption; 4,460
(f) A managing agent of the person who claims an 4,462
exemption. 4,463
(3) "Participant account" has the same meaning as in 4,465
section 145.71 148.01 of the Revised Code. 4,466
(4) "Government unit" has the same meaning as in section 4,468
145.74 148.06 of the Revised Code. 4,469
(C) For purposes of this section, "interest" shall be 4,471
determined as follows: 4,472
(1) In bankruptcy proceedings, as of the date a petition 4,474
is filed with the bankruptcy court commencing a case under Title 4,475
11 of the United States Code; 4,476
(2) In all cases other than bankruptcy proceedings, as of 4,478
the date of an appraisal, if necessary under section 2329.68 of 4,479
the Revised Code, or the issuance of a writ of execution. 4,480
An interest, as determined under division (C)(1) or (2) of 4,482
this section, shall not include the amount of any lien otherwise 4,483
valid pursuant to section 2329.661 of the Revised Code. 4,484
Sec. 2907.15. (A) As used in this section: 4,493
(1) "Public retirement system" means the public employees 4,496
retirement system, STATE TEACHERS RETIREMENT SYSTEM, SCHOOL
EMPLOYEES RETIREMENT SYSTEM, Ohio police and fire pension fund, 4,497
state highway patrol retirement system, or a municipal retirement 4,499
system of a municipal corporation of this state. 4,500
(2) "Government deferred compensation program" means such 4,502
a program offered by the Ohio public employees deferred 4,504
compensation board; a municipal corporation; or a governmental 4,505
unit, as defined in section 145.74 148.06 of the Revised Code. 4,506
(3) "Deferred compensation program participant" means a 4,508
100
"participating employee" or "continuing member," as defined in 4,509
section 145.71 148.01 of the Revised Code, or any other public 4,510
employee who has funds in a government deferred compensation 4,511
program.
(4) "Prosecutor" has the same meaning as in section 4,513
2935.01 of the Revised Code. 4,514
In any case in which a sentencing court orders restitution 4,517
to the victim under section 2929.18 of the Revised Code for a 4,518
violation of section 2907.02, 2907.03, 2907.04, or 2907.05 of the
Revised Code and in which the offender is a government deferred 4,520
compensation program participant or is a member of, or receiving 4,521
a pension, benefit, or allowance, other than a survivorship 4,523
benefit, from, a public retirement system and committed the 4,524
offense against a child, student, patient, or other person with 4,525
whom the offender had contact in the context of the offender's 4,526
public employment, at the request of the victim the prosecutor
shall file a motion with the sentencing court specifying the 4,528
government deferred compensation program or public retirement 4,529
system and requesting that the court issue an order requiring the 4,530
government deferred compensation program or public retirement 4,531
system to withhold the amount required as restitution from one or 4,532
more of the following: any payment to be made from a government 4,533
deferred compensation program or under a pension, annuity, 4,534
allowance, or any other benefit, other than a survivorship
benefit, that has been or is in the future granted to the 4,536
offender; from any payment of accumulated employee contributions 4,537
standing to the offender's credit with the government deferred 4,538
compensation program or public retirement system; or from any 4,539
payment of any other amounts to be paid to the offender pursuant
to Chapter 145., 148., 742., 3307., 3309., or 5505. of the 4,540
Revised Code on withdrawal of contributions. The motion may be 4,543
filed at any time subsequent to the conviction of the offender or 4,544
entry of a guilty plea. On the filing of the motion, the clerk 4,545
of the court in which the motion is filed shall notify the 4,546
101
offender and the government deferred compensation program or
public retirement system, in writing, of all of the following: 4,548
that the motion was filed; that the offender will be granted a 4,549
hearing on the issuance of the requested order if the offender 4,550
files a written request for a hearing with the clerk prior to the 4,551
expiration of thirty days after the offender receives the notice; 4,552
that, if a hearing is requested, the court will schedule a 4,553
hearing as soon as possible and notify the offender and the 4,554
government deferred compensation program or public retirement
system of the date, time, and place of the hearing; that, if a 4,555
hearing is conducted, it will be limited to a consideration of 4,557
whether the offender can show good cause why the order should not 4,558
be issued; that, if a hearing is conducted, the court will not 4,559
issue the order if the court determines, based on evidence 4,560
presented at the hearing by the offender, that there is good 4,561
cause for the order not to be issued; that the court will issue 4,562
the order if a hearing is not requested or if a hearing is 4,563
conducted but the court does not determine, based on evidence 4,564
presented at the hearing by the offender, that there is good 4,565
cause for the order not to be issued; and that, if the order is 4,567
issued, the government deferred compensation program or public
retirement system specified in the motion will be required to 4,568
withhold the amount required as restitution from payments to the 4,569
offender.
(B) In any case in which a motion requesting the issuance 4,572
of a withholding order as described in division (A) of this 4,573
section is filed, the offender may receive a hearing on the 4,574
motion by delivering a written request for a hearing to the court 4,575
prior to the expiration of thirty days after the offender's 4,576
receipt of the notice provided pursuant to division (A) of this 4,577
section. If the offender requests a hearing within the 4,579
prescribed time, the court shall schedule a hearing as soon as 4,580
possible after the request is made and notify the offender and 4,581
the government deferred compensation program or public retirement
102
system of the date, time, and place of the hearing. A hearing 4,582
scheduled under this division shall be limited to a consideration 4,583
of whether there is good cause, based on evidence presented by 4,584
the offender, for the requested order not to be issued. If the 4,585
court determines, based on evidence presented by the offender, 4,586
that there is good cause for the order not to be issued, the 4,587
court shall deny the motion and shall not issue the order. Good 4,589
cause for not issuing the order includes a determination by the
court that the order would severely impact the offender's ability 4,590
to support the offender's dependents. 4,591
If the offender does not request a hearing within the 4,593
prescribed time or the court conducts a hearing but does not 4,594
determine, based on evidence presented by the offender, that 4,595
there is good cause for the order not to be issued, the court 4,596
shall order the government deferred compensation program or 4,597
public retirement system to withhold the amount required as 4,598
restitution from one or more of the following: any payments to 4,599
be made from a government deferred compensation program or under 4,600
a pension, annuity, allowance, or under any other benefit, other 4,601
than a survivorship benefit, that has been or is in the future 4,603
granted to the offender; from any payment of accumulated employee 4,604
contributions standing to the offender's credit with the 4,605
government deferred compensation program or public retirement
system; or from any payment of any other amounts to be paid to 4,607
the offender upon withdrawal of contributions pursuant to Chapter 4,608
145., 148., 742., 3307., 3309., or 5505. of the Revised Code and 4,610
to continue the withholding for that purpose, in accordance with 4,612
the order, out of each payment to be made on or after the date of
issuance of the order, until further order of the court. On 4,613
receipt of an order issued under this division, the government 4,614
deferred compensation program or public retirement system shall 4,615
withhold the amount required as restitution, in accordance with 4,616
the order, from any such payments and immediately forward the 4,617
amount withheld to the clerk of the court in which the order was 4,618
103
issued for payment to the person to whom restitution is to be 4,619
made. The order shall not apply to any portion of payments made 4,620
from a government deferred compensation program or public
retirement system to a person other than the offender pursuant to 4,621
a previously issued domestic court order. 4,622
(C) Service of a notice required by division (A) or (B) of 4,625
this section shall be effected in the same manner as provided in 4,626
the Rules of Civil Procedure for the service of process. 4,628
(D) Upon the filing of charges under section 2907.02, 4,630
2907.03, 2907.04, or 2907.05 of the Revised Code against a person 4,632
who is a deferred compensation program participant or a member 4,633
of, or receiving a pension benefit, or allowance, other than a 4,634
survivorship benefit, from a public retirement system for an 4,635
offense against a child, student, patient, or other person with 4,636
whom the offender had contact in the context of the offender's 4,637
public employment, the prosecutor shall send written notice that 4,638
charges have been filed against that person to the appropriate
government deferred compensation program or public retirement 4,640
system. The notice shall specifically identify the person
charged.
Sec. 2921.41. (A) No public official or party official 4,649
shall commit any theft offense, as defined in division (K) of 4,650
section 2913.01 of the Revised Code, when either of the following 4,651
applies: 4,652
(1) The offender uses the offender's office in aid of 4,654
committing the offense or permits or assents to its use in aid of 4,655
committing the offense; 4,656
(2) The property or service involved is owned by this 4,658
state, any other state, the United States, a county, a municipal 4,659
corporation, a township, or any political subdivision, 4,660
department, or agency of any of them, is owned by a political 4,661
party, or is part of a political campaign fund. 4,662
(B) Whoever violates this section is guilty of theft in 4,664
office. Except as otherwise provided in this division, theft in 4,665
104
office is a felony of the fifth degree. If the value of property 4,666
or services stolen is five hundred dollars or more and is less 4,667
than five thousand dollars, theft in office is a felony of the 4,668
fourth degree. If the value of property or services stolen is 4,669
five thousand dollars or more, theft in office is a felony of the 4,670
third degree. 4,671
(C)(1) A public official or party official who is 4,673
convicted of or pleads guilty to theft in office is forever 4,674
disqualified from holding any public office, employment, or 4,675
position of trust in this state. 4,676
(2)(a) A court that imposes sentence for a violation of 4,678
this section based on conduct described in division (A)(2) of 4,679
this section shall require the public official or party official 4,680
who is convicted of or pleads guilty to the offense to make 4,681
restitution for all of the property or the service that is the 4,682
subject of the offense, in addition to the term of imprisonment 4,683
and any fine imposed. A court that imposes sentence for a 4,684
violation of this section based on conduct described in division 4,685
(A)(1) of this section and that determines at trial that this 4,686
state or a political subdivision of this state if the offender is 4,687
a public official, or a political party in the United States or 4,688
this state if the offender is a party official, suffered actual 4,689
loss as a result of the offense shall require the offender to 4,690
make restitution to the state, political subdivision, or 4,691
political party for all of the actual loss experienced, in 4,692
addition to the term of imprisonment and any fine imposed. 4,693
(b)(i) In any case in which a sentencing court is required 4,695
to order restitution under division (C)(2)(a) of this section and 4,696
in which the offender, at the time of the commission of the 4,697
offense or at any other time, was a member of the public 4,698
employees retirement system, the Ohio police and fire pension 4,700
fund, the state teachers retirement system, the school employees 4,701
retirement system, or the state highway patrol retirement system; 4,702
was an electing employee, as defined in section 3305.01 of the 4,704
105
Revised Code, participating in an alternative retirement plan
provided pursuant to Chapter 3305. of the Revised Code; was a 4,706
participating employee or continuing member, as defined in 4,708
section 145.71 148.01 of the Revised Code, in a deferred 4,710
compensation program offered by the Ohio public employees 4,711
deferred compensation board; was an officer or employee of a 4,713
municipal corporation who was a participant in a deferred
compensation program offered by that municipal corporation; was 4,714
an officer or employee of a government unit, as defined in 4,716
section 145.74 148.06 of the Revised Code, who was a participant 4,717
in a deferred compensation program offered by that government 4,719
unit, or was a participating employee, continuing member, or 4,720
participant in any deferred compensation program described in 4,721
this division and a member of a retirement system specified in 4,722
this division or a retirement system of a municipal corporation, 4,723
the entity to which restitution is to be made may file a motion 4,724
with the sentencing court specifying any retirement system, any 4,725
entity providing any benefit under an alternative retirement 4,726
plan, and any deferred compensation program of which the offender 4,727
was a member, electing employee, participating employee, 4,728
continuing member, or participant and requesting the court to 4,729
issue an order requiring the specified retirement system, the 4,730
specified entity providing the benefit under the alternative 4,731
retirement plan, or the specified deferred compensation program, 4,732
or, if more than one is specified in the motion, the applicable 4,733
combination of these, to withhold the amount required as 4,735
restitution from any payment that is to be made under a pension, 4,736
annuity, or allowance, under a participant account, as defined in 4,737
section 145.71 148.01 of the Revised Code, or under any other 4,738
type of benefit, other than a survivorship benefit, that has been 4,739
or is in the future granted to the offender, from any payment of 4,740
accumulated employee contributions standing to the offender's 4,741
credit with that retirement system, that entity providing the 4,742
payment under the alternative retirement plan, or that deferred 4,743
106
compensation program, or, if more than one is specified in the 4,744
motion, the applicable combination of these, and from any payment 4,746
of any other amounts to be paid to the offender upon the 4,747
offender's withdrawal of the offender's contributions pursuant to 4,748
Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised 4,750
Code. A motion described in this division may be filed at any 4,751
time subsequent to the conviction of the offender or entry of a 4,752
guilty plea. Upon the filing of the motion, the clerk of the 4,753
court in which the motion is filed shall notify the offender, the 4,754
specified retirement system, the specified entity providing the 4,755
benefit under the alternative retirement plan, or the specified 4,756
deferred compensation program, or, if more than one is specified 4,757
in the motion, the applicable combination of these, in writing, 4,759
of all of the following: that the motion was filed; that the 4,760
offender will be granted a hearing on the issuance of the 4,761
requested order if the offender files a written request for a 4,762
hearing with the clerk prior to the expiration of thirty days 4,763
after the offender receives the notice; that, if a hearing is 4,764
requested, the court will schedule a hearing as soon as possible 4,765
and notify the offender, any specified retirement system, any 4,766
specified entity providing any benefit under an alternative 4,767
retirement plan, and any specified deferred compensation program 4,768
of the date, time, and place of the hearing; that, if a hearing 4,769
is conducted, it will be limited only to a consideration of 4,770
whether the offender can show good cause why the requested order 4,771
should not be issued; that, if a hearing is conducted, the court 4,772
will not issue the requested order if the court determines, based 4,773
on evidence presented at the hearing by the offender, that there 4,774
is good cause for the requested order not to be issued; that the 4,775
court will issue the requested order if a hearing is not 4,776
requested or if a hearing is conducted but the court does not 4,777
determine, based on evidence presented at the hearing by the 4,778
offender, that there is good cause for the requested order not to 4,779
be issued; and that, if the requested order is issued, any 4,780
107
retirement system, any entity providing any benefit under an 4,781
alternative retirement plan, and any deferred compensation 4,782
program specified in the motion will be required to withhold the 4,783
amount required as restitution from payments to the offender. 4,784
(ii) In any case in which a sentencing court is required 4,786
to order restitution under division (C)(2)(a) of this section and 4,787
in which a motion requesting the issuance of a withholding order 4,788
as described in division (C)(2)(b)(i) of this section is filed, 4,789
the offender may receive a hearing on the motion by delivering a 4,790
written request for a hearing to the court prior to the 4,791
expiration of thirty days after the offender's receipt of the 4,792
notice provided pursuant to division (C)(2)(b)(i) of this 4,793
section. If a request for a hearing is made by the offender 4,794
within the prescribed time, the court shall schedule a hearing as 4,795
soon as possible after the request is made and shall notify the 4,796
offender, the specified retirement system, the specified entity 4,797
providing the benefit under the alternative retirement plan, or 4,798
the specified deferred compensation program, or, if more than one 4,800
is specified in the motion, the applicable combination of these, 4,802
of the date, time, and place of the hearing. A hearing scheduled 4,803
under this division shall be limited to a consideration of 4,804
whether there is good cause, based on evidence presented by the 4,805
offender, for the requested order not to be issued. If the court 4,806
determines, based on evidence presented by the offender, that 4,807
there is good cause for the order not to be issued, the court 4,808
shall deny the motion and shall not issue the requested order. 4,809
If the offender does not request a hearing within the prescribed 4,810
time or if the court conducts a hearing but does not determine, 4,811
based on evidence presented by the offender, that there is good 4,812
cause for the order not to be issued, the court shall order the 4,813
specified retirement system, the specified entity providing the 4,814
benefit under the alternative retirement plan, or the specified 4,815
deferred compensation program, or, if more than one is specified 4,816
in the motion, the applicable combination of these, to withhold 4,818
108
the amount required as restitution under division (C)(2)(a) of 4,819
this section from any payments to be made under a pension, 4,820
annuity, or allowance, under a participant account, as defined in 4,821
section 145.71 148.01 of the Revised Code, or under any other 4,822
type of benefit, other than a survivorship benefit, that has been 4,824
or is in the future granted to the offender, from any payment of 4,825
accumulated employee contributions standing to the offender's 4,826
credit with that retirement system, that entity providing the 4,827
benefit under the alternative retirement plan, or that deferred 4,828
compensation program, or, if more than one is specified in the 4,829
motion, the applicable combination of these, and from any payment 4,831
of any other amounts to be paid to the offender upon the 4,832
offender's withdrawal of the offender's contributions pursuant to 4,833
Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised 4,835
Code, and to continue the withholding for that purpose, in 4,836
accordance with the order, out of each payment to be made on or 4,837
after the date of issuance of the order, until further order of 4,838
the court. Upon receipt of an order issued under this division, 4,839
the public employees retirement system, the Ohio police and fire 4,841
pension fund, the state teachers retirement system, the school 4,842
employees retirement system, the state highway patrol retirement 4,843
system, a municipal corporation retirement system, the entity 4,844
providing the benefit under the alternative retirement plan, and 4,845
the deferred compensation program offered by the Ohio public 4,846
employees deferred compensation board, a municipal corporation, 4,847
or a government unit, as defined in section 145.74 148.06 of the 4,848
Revised Code, whichever are applicable, shall withhold the amount 4,850
required as restitution, in accordance with the order, from any 4,851
such payments and immediately shall forward the amount withheld 4,852
to the clerk of the court in which the order was issued for 4,853
payment to the entity to which restitution is to be made. 4,854
(iii) Service of a notice required by division 4,856
(C)(2)(b)(i) or (ii) of this section shall be effected in the 4,857
same manner as provided in the Rules of Civil Procedure for the 4,858
109
service of process. 4,859
(D) Upon the filing of charges against a person under this 4,861
section, the prosecutor, as defined in section 2935.01 of the 4,862
Revised Code, who is assigned the case shall send written notice 4,863
that charges have been filed against that person to the public 4,864
employees retirement system, the Ohio police and fire pension 4,866
fund, the state teachers retirement system, the school employees 4,867
retirement system, the state highway patrol retirement system, 4,868
the entity providing any benefit under an alternative retirement 4,869
plan, any municipal corporation retirement system in this state, 4,870
and the deferred compensation program offered by the Ohio public 4,871
employees deferred compensation board, a municipal corporation, 4,872
or a government unit, as defined in section 145.74 148.06 of the 4,873
Revised Code. The written notice shall specifically identify the 4,874
person charged.
Sec. 3105.171. (A) As used in this section: 4,883
(1) "Distributive award" means any payment or payments, in 4,885
real or personal property, that are payable in a lump sum or over 4,886
time, in fixed amounts, that are made from separate property or 4,887
income, and that are not made from marital property and do not 4,888
constitute payments of spousal support, as defined in section 4,889
3105.18 of the Revised Code. 4,890
(2) "During the marriage" means whichever of the following 4,892
is applicable: 4,893
(a) Except as provided in division (A)(2)(b) of this 4,895
section, the period of time from the date of the marriage through 4,896
the date of the final hearing in an action for divorce or in an 4,897
action for legal separation; 4,898
(b) If the court determines that the use of either or both 4,900
of the dates specified in division (A)(2)(a) of this section 4,901
would be inequitable, the court may select dates that it 4,902
considers equitable in determining marital property. If the 4,903
court selects dates that it considers equitable in determining 4,904
marital property, "during the marriage" means the period of time 4,905
110
between those dates selected and specified by the court. 4,906
(3)(a) "Marital property" means, subject to division 4,908
(A)(3)(b) of this section, all of the following: 4,909
(i) All real and personal property that currently is owned 4,911
by either or both of the spouses, including, but not limited to, 4,912
the retirement benefits of the spouses, and that was acquired by 4,913
either or both of the spouses during the marriage; 4,914
(ii) All interest that either or both of the spouses 4,916
currently has in any real or personal property, including, but 4,917
not limited to, the retirement benefits of the spouses, and that 4,918
was acquired by either or both of the spouses during the 4,919
marriage; 4,920
(iii) Except as otherwise provided in this section, all 4,922
income and appreciation on separate property, due to the labor, 4,923
monetary, or in-kind contribution of either or both of the 4,924
spouses that occurred during the marriage; 4,925
(iv) A participant account, as defined in section 145.71 4,927
148.01 of the Revised Code, of either of the spouses, to the 4,929
extent of the following: the moneys that have been deferred by a 4,930
continuing member or participating employee, as defined in that 4,931
section, and that have been transmitted to the Ohio public 4,932
employees deferred compensation board during the marriage and any 4,933
income that is derived from the investment of those moneys during 4,934
the marriage; the moneys that have been deferred by an officer or 4,935
employee of a municipal corporation and that have been 4,936
transmitted to the governing board, administrator, depository, or 4,937
trustee of the deferred compensation program of the municipal 4,938
corporation during the marriage and any income that is derived 4,939
from the investment of those moneys during the marriage; or the 4,940
moneys that have been deferred by an officer or employee of a 4,941
government unit, as defined in section 145.74 148.06 of the 4,942
Revised Code, and that have been transmitted to the governing 4,944
board, as defined in that section, during the marriage and any 4,945
income that is derived from the investment of those moneys during 4,946
111
the marriage. 4,947
(b) "Marital property" does not include any separate 4,949
property. 4,950
(4) "Passive income" means income acquired other than as a 4,952
result of the labor, monetary, or in-kind contribution of either 4,953
spouse. 4,954
(5) "Personal property" includes both tangible and 4,956
intangible personal property. 4,957
(6)(a) "Separate property" means all real and personal 4,959
property and any interest in real or personal property that is 4,960
found by the court to be any of the following: 4,961
(i) An inheritance by one spouse by bequest, devise, or 4,963
descent during the course of the marriage; 4,964
(ii) Any real or personal property or interest in real or 4,966
personal property that was acquired by one spouse prior to the 4,967
date of the marriage; 4,968
(iii) Passive income and appreciation acquired from 4,970
separate property by one spouse during the marriage; 4,971
(iv) Any real or personal property or interest in real or 4,973
personal property acquired by one spouse after a decree of legal 4,974
separation issued under section 3105.17 of the Revised Code; 4,975
(v) Any real or personal property or interest in real or 4,977
personal property that is excluded by a valid antenuptial 4,978
agreement; 4,979
(vi) Compensation to a spouse for the spouse's personal 4,981
injury, except for loss of marital earnings and compensation for 4,982
expenses paid from marital assets; 4,983
(vii) Any gift of any real or personal property or of an 4,985
interest in real or personal property that is made after the date 4,986
of the marriage and that is proven by clear and convincing 4,987
evidence to have been given to only one spouse. 4,988
(b) The commingling of separate property with other 4,990
property of any type does not destroy the identity of the 4,991
separate property as separate property, except when the separate 4,992
112
property is not traceable. 4,993
(B) In divorce proceedings, the court shall, and in legal 4,995
separation proceedings upon the request of either spouse, the 4,996
court may, determine what constitutes marital property and what 4,997
constitutes separate property. In either case, upon making such 4,998
a determination, the court shall divide the marital and separate 4,999
property equitably between the spouses, in accordance with this 5,000
section. For purposes of this section, the court has 5,001
jurisdiction over all property in which one or both spouses have 5,002
an interest. 5,003
(C)(1) Except as provided in this division or division (E) 5,005
of this section, the division of marital property shall be equal. 5,006
If an equal division of marital property would be inequitable, 5,007
the court shall not divide the marital property equally but 5,008
instead shall divide it between the spouses in the manner the 5,009
court determines equitable. In making a division of marital 5,010
property, the court shall consider all relevant factors, 5,011
including those set forth in division (F) of this section. 5,012
(2) Each spouse shall be considered to have contributed 5,014
equally to the production and acquisition of marital property. 5,015
(3) The court shall provide for an equitable division of 5,017
marital property under this section prior to making any award of 5,018
spousal support to either spouse under section 3105.18 of the 5,019
Revised Code and without regard to any spousal support so 5,020
awarded. 5,021
(4) If the marital property includes a participant 5,023
account, as defined in section 145.71 148.01 of the Revised Code, 5,025
the court shall not order the division or disbursement of the 5,026
moneys and income described in division (A)(3)(a)(iv) of this 5,027
section to occur in a manner that is inconsistent with the law, 5,028
rules, or plan governing the deferred compensation program 5,029
involved or prior to the time that the spouse in whose name the 5,030
participant account is maintained commences receipt of the moneys 5,031
and income credited to the account in accordance with that law, 5,032
113
rules, and plan. 5,033
(D) Except as otherwise provided in division (E) of this 5,035
section or by another provision of this section, the court shall 5,036
disburse a spouse's separate property to that spouse. If a court 5,037
does not disburse a spouse's separate property to that spouse, 5,038
the court shall make written findings of fact that explain the 5,039
factors that it considered in making its determination that the 5,040
spouse's separate property should not be disbursed to that 5,041
spouse. 5,042
(E)(1) The court may make a distributive award to 5,044
facilitate, effectuate, or supplement a division of marital 5,045
property. The court may require any distributive award to be 5,046
secured by a lien on the payor's specific marital property or 5,047
separate property. 5,048
(2) The court may make a distributive award in lieu of a 5,050
division of marital property in order to achieve equity between 5,051
the spouses, if the court determines that a division of the 5,052
marital property in kind or in money would be impractical or 5,053
burdensome. 5,054
(3) If a spouse has engaged in financial misconduct, 5,056
including, but not limited to, the dissipation, destruction, 5,057
concealment, or fraudulent disposition of assets, the court may 5,058
compensate the offended spouse with a distributive award or with 5,059
a greater award of marital property. 5,060
(F) In making a division of marital property and in 5,062
determining whether to make and the amount of any distributive 5,063
award under this section, the court shall consider all of the 5,064
following factors: 5,065
(1) The duration of the marriage; 5,067
(2) The assets and liabilities of the spouses; 5,069
(3) The desirability of awarding the family home, or the 5,071
right to reside in the family home for reasonable periods of 5,072
time, to the spouse with custody of the children of the marriage; 5,073
(4) The liquidity of the property to be distributed; 5,075
114
(5) The economic desirability of retaining intact an asset 5,077
or an interest in an asset; 5,078
(6) The tax consequences of the property division upon the 5,080
respective awards to be made to each spouse; 5,081
(7) The costs of sale, if it is necessary that an asset be 5,083
sold to effectuate an equitable distribution of property; 5,084
(8) Any division or disbursement of property made in a 5,086
separation agreement that was voluntarily entered into by the 5,087
spouses; 5,088
(9) Any other factor that the court expressly finds to be 5,090
relevant and equitable. 5,091
(G) In any order for the division or disbursement of 5,093
property or a distributive award made pursuant to this section, 5,094
the court shall make written findings of fact that support the 5,095
determination that the marital property has been equitably 5,096
divided and shall specify the dates it used in determining the 5,097
meaning of "during the marriage." 5,098
(H) Except as otherwise provided in this section, the 5,100
holding of title to property by one spouse individually or by 5,101
both spouses in a form of co-ownership does not determine whether 5,102
the property is marital property or separate property. 5,103
(I) A division or disbursement of property or a 5,105
distributive award made under this section is not subject to 5,106
future modification by the court. 5,107
(J) The court may issue any orders under this section that 5,109
it determines equitable, including, but not limited to, either of 5,110
the following types of orders: 5,111
(1) An order granting a spouse the right to use the 5,113
marital dwelling or any other marital property or separate 5,114
property for any reasonable period of time; 5,115
(2) An order requiring the sale or encumbrancing of any 5,117
real or personal property, with the proceeds from the sale and 5,118
the funds from any loan secured by the encumbrance to be applied 5,119
as determined by the court. 5,120
115
Sec. 3105.63. (A)(1) A petition for dissolution of 5,129
marriage shall be signed by both spouses and shall have attached 5,130
and incorporated a separation agreement agreed to by both 5,131
spouses. The separation agreement shall provide for a division 5,132
of all property; spousal support; if there are minor children of 5,133
the marriage, the allocation of parental rights and 5,134
responsibilities for the care of the minor children, the 5,135
designation of a residential parent and legal custodian of the 5,136
minor children, child support, and visitation rights; and, if the 5,137
spouses so desire, an authorization for the court to modify the 5,138
amount or terms of spousal support provided in the separation 5,139
agreement. If there are minor children of the marriage, the 5,140
spouses may address the allocation of the parental rights and 5,141
responsibilities for the care of the minor children by including 5,142
in the separation agreement a plan under which both parents will 5,143
have shared rights and responsibilities for the care of the minor 5,144
children. The spouses shall file the plan with the petition for 5,145
dissolution of marriage and shall include in the plan the 5,146
provisions described in division (G) of section 3109.04 of the 5,147
Revised Code. 5,148
(2) The division of property in the separation agreement 5,150
shall include any participant account, as defined in section 5,151
145.71 148.01 of the Revised Code, of either of the spouses, to 5,153
the extent of the following: 5,154
(a) The moneys that have been deferred by a continuing 5,156
member or participating employee, as defined in that section, and 5,157
that have been transmitted to the Ohio public employees deferred 5,158
compensation board during the marriage and any income that is 5,159
derived from the investment of those moneys during the marriage; 5,160
(b) The moneys that have been deferred by an officer or 5,162
employee of a municipal corporation and that have been 5,163
transmitted to the governing board, administrator, depository, or 5,164
trustee of the deferred compensation program of the municipal 5,165
corporation during the marriage and any income that is derived 5,166
116
from the investment of those moneys during the marriage; 5,167
(c) The moneys that have been deferred by an officer or 5,169
employee of a government unit, as defined in section 145.74 5,170
148.06 of the Revised Code, and that have been transmitted to the 5,172
governing board, as defined in that section, during the marriage 5,173
and any income that is derived from the investment of those 5,174
moneys during the marriage. 5,175
(3) The separation agreement shall not require or permit 5,177
the division or disbursement of the moneys and income described 5,178
in division (A)(2) of this section to occur in a manner that is 5,179
inconsistent with the law, rules, or plan governing the deferred 5,180
compensation program involved or prior to the time that the 5,181
spouse in whose name the participant account is maintained 5,182
commences receipt of the moneys and income credited to the 5,183
account in accordance with that law, rules, and plan. 5,184
(B) An amended separation agreement may be filed at any 5,186
time prior to or during the hearing on the petition for 5,187
dissolution of marriage. Upon receipt of a petition for 5,188
dissolution of marriage, the court may cause an investigation to 5,189
be made pursuant to the Rules of Civil Procedure. 5,190
(C) If a petition for dissolution of marriage contains an 5,192
authorization for the court to modify the amount or terms of 5,193
spousal support provided in the separation agreement, the 5,194
modification shall be in accordance with section 3105.18 of the 5,195
Revised Code. 5,196
Sec. 3375.411. A board of library trustees of a free 5,205
public library, appointed pursuant to the provisions of sections 5,206
3375.06, 3375.08, 3375.12, 3375.15, and 3375.22 of the Revised 5,207
Code, which has not less than seventy-five full-time employees, 5,208
and which, prior to September 16, 1943, was providing for 5,209
retirement of the employees of such library with annuities, 5,210
insurance, or other provisions, under authority granted by former 5,211
section 7889 of the General Code, may provide such retirement, 5,212
insurance, or other provisions in the same manner authorized by 5,213
117
former section 7889 of the General Code, as follows: the library 5,214
board of such library which has appropriated and paid the board's 5,215
portion provided in such system or plan, may continue to 5,216
appropriate and pay the board's portion provided in such system 5,217
or plan out of the funds received to the credit of such board by 5,218
taxation or otherwise. Each employee of such library who is to 5,219
be included in a system of retirement shall contribute to the 5,220
retirement fund not less than four per cent per annum of his THE 5,221
EMPLOYEE'S salary from the time of his eligibility to join the 5,223
retirement system to the time of his retirement. If a group 5,224
insurance plan is installed by any library, not less than fifty 5,225
per cent of the cost of such insurance shall be borne by the 5,226
employees included in such plan. 5,227
Provided, any employee whose employment by said library 5,229
began on or after September 16, 1943, may exempt himself SELF 5,230
from inclusion in such retirement system, or withdraw from such 5,232
retirement system. Upon such exemption or withdrawal, such 5,233
person shall become a member of the public employees retirement 5,234
system in accordance with sections 145.02, 145.03, and 145.28 of 5,235
the Revised Code, respectively. All employees appointed for the 5,236
first time on and after January 1, 1956 shall, for retirement 5,237
purposes, be eligible only for membership in the public employees 5,238
retirement system as provided in sections 145.01 to 145.57, 5,239
inclusive, CHAPTER 145. of the Revised Code. 5,240
A library board which provides for the retirement of its 5,242
employees with annuities, insurance, or other provisions under 5,243
the authority granted by this section may, pursuant to a board 5,244
resolution adopted within thirty days after the effective date of 5,245
this section, terminate such retirement plan. Upon the effective 5,246
date of such termination, which is specified in the resolution, 5,247
each employee covered by such retirement plan shall become a 5,248
member of the public employees retirement system. 5,249
Sec. 3381.13. All employees of a regional arts and 5,258
cultural district shall be considered public employees within the 5,259
118
meaning of section 145.01 of the Revised Code and its employees 5,260
shall be subject to sections 145.01 to 145.58 CHAPTER 145. of the 5,262
Revised Code.
Sec. 6121.04. The Ohio water development authority may do 5,271
any or all of the following: 5,272
(A) Adopt bylaws for the regulation of its affairs and the 5,274
conduct of its business; 5,275
(B) Adopt an official seal; 5,277
(C) Maintain a principal office and suboffices at places 5,279
within the state that it designates; 5,280
(D) Sue and plead in its own name and be sued and 5,282
impleaded in its own name with respect to its contracts or torts 5,284
of its members, employees, or agents acting within the scope of 5,285
their employment, or to enforce its obligations and covenants 5,286
made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in 5,287
the court of common pleas of the county in which the principal 5,288
office of the authority is located or in the court of common 5,289
pleas of the county in which the cause of action arose, provided 5,290
that the county is located within this state, and all summonses, 5,291
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with 5,292
the person in charge thereof or with the secretary-treasurer of 5,293
the authority.
(E) Make loans and grants to governmental agencies for the 5,295
acquisition or construction of water development projects by any 5,296
such governmental agency and adopt rules and procedures for 5,297
making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, 5,299
furnish, equip, maintain, repair, operate, or lease or rent to, 5,300
or contract for operation by, a governmental agency or person, 5,301
water development projects, and establish rules for the use of 5,302
those projects;
(G) Make available the use or services of any water 5,304
119
development project to one or more persons, one or more 5,305
governmental agencies, or any combination thereof; 5,306
(H) Issue water development revenue bonds and notes and 5,308
water development revenue refunding bonds of the state, payable 5,309
solely from revenues as provided in section 6121.06 of the 5,310
Revised Code, unless the bonds are refunded by refunding bonds, 5,311
for the purpose of paying any part of the cost of one or more
water development projects or parts thereof; 5,312
(I) Acquire by gift or purchase, hold, and dispose of real 5,314
and personal property in the exercise of its powers and the 5,315
performance of its duties under this chapter; 5,316
(J) Acquire, in the name of the state, by purchase or 5,318
otherwise, on terms and in the manner that it considers proper, 5,320
or by the exercise of the right of condemnation in the manner 5,321
provided by section 6121.18 of the Revised Code, public or 5,322
private lands, including public parks, playgrounds, or 5,323
reservations, or parts thereof or rights therein, rights-of-way, 5,324
property, rights, easements, and interests that it considers 5,325
necessary for carrying out this chapter, but excluding the 5,327
acquisition by the exercise of the right of condemnation of any 5,328
waste water facility or water management facility owned by any 5,329
person or governmental agency, and compensation shall be paid for
public or private lands so taken, except that a government-owned 5,330
waste water facility may be appropriated in accordance with 5,331
section 6121.041 of the Revised Code;
(K) Adopt rules to protect augmented flow in waters of the 5,333
state, to the extent augmented by a water development project, 5,334
from depletion so it will be available for beneficial use, and to 5,335
provide standards for the withdrawal from waters of the state of 5,336
the augmented flow created by a water development project that is 5,337
not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by 5,338
the authority; 5,339
(L) Make and enter into all contracts and agreements and 5,341
120
execute all instruments necessary or incidental to the 5,342
performance of its duties and the execution of its powers under 5,343
this chapter in accordance with the following requirements: 5,344
(1) When the cost under any such contract or agreement, 5,346
other than compensation for personal services, involves an 5,347
expenditure of more than ten thousand dollars, the authority 5,348
shall make a written contract with the lowest responsive and 5,349
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two 5,350
consecutive weeks in a newspaper of general circulation in 5,351
Franklin county, and in other publications that the authority 5,352
determines, which shall state the general character of the work 5,354
and the general character of the materials to be furnished, the 5,355
place where plans and specifications therefor may be examined,
and the time and place of receiving bids, provided that a 5,356
contract or lease for the operation of a water development 5,357
project constructed and owned by the authority or an agreement 5,358
for cooperation in the acquisition or construction of a water 5,359
development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development 5,360
project that is to be leased by the authority to, and operated 5,361
by, persons who are not governmental agencies and the cost of the 5,362
project is to be amortized exclusively from rentals or other 5,363
charges paid to the authority by persons who are not governmental 5,364
agencies is not subject to the foregoing requirements and the 5,365
authority may enter into such a contract or lease or such an
agreement pursuant to negotiation and upon terms and conditions 5,366
and for the period that it finds to be reasonable and proper in 5,368
the circumstances and in the best interests of proper operation 5,370
or of efficient acquisition or construction of the project. 5,371
(2) Each bid for a contract for the construction, 5,373
demolition, alteration, repair, or reconstruction of an 5,374
improvement shall contain the full name of every person 5,375
interested in it and shall meet the requirements of section
121
153.54 of the Revised Code. 5,376
(3) Each bid for a contract except as provided in division 5,378
(L)(2) of this section shall contain the full name of every 5,379
person or company interested in it and shall be accompanied by a 5,380
sufficient bond or certified check on a solvent bank that if the 5,381
bid is accepted, a contract will be entered into and the 5,382
performance thereof secured.
(4) The authority may reject any and all bids. 5,384
(5) A bond with good and sufficient surety, approved by 5,386
the authority, shall be required of every contractor awarded a 5,387
contract except as provided in division (L)(2) of this section, 5,388
in an amount equal to at least fifty per cent of the contract 5,389
price, conditioned upon the faithful performance of the contract. 5,390
(M) Employ managers, superintendents, and other employees 5,392
and retain or contract with consulting engineers, financial 5,393
consultants, accounting experts, architects, attorneys, and other 5,394
consultants and independent contractors that are necessary in its 5,396
judgment to carry out this chapter, and fix the compensation 5,397
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under 5,398
this chapter, from revenues, or from funds appropriated for that 5,399
purpose by the general assembly. 5,400
(N) Receive and accept from any federal agency, subject to 5,402
the approval of the governor, grants for or in aid of the 5,403
construction of any water development project or for research and 5,404
development with respect to waste water or water management 5,405
facilities, and receive and accept aid or contributions from any 5,406
source of money, property, labor, or other things of value, to be 5,407
held, used, and applied only for the purposes for which the
grants and contributions are made; 5,408
(O) Engage in research and development with respect to 5,410
waste water or water management facilities; 5,411
(P) Purchase fire and extended coverage and liability 5,413
insurance for any water development project and for the principal 5,414
122
office and suboffices of the authority, insurance protecting the 5,415
authority and its officers and employees against liability for 5,416
damage to property or injury to or death of persons arising from 5,417
its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development 5,418
revenue bonds or in any trust agreement securing the same; 5,419
(Q) Charge, alter, and collect rentals and other charges 5,421
for the use or services of any water development project as 5,422
provided in section 6121.13 of the Revised Code; 5,423
(R) Provide coverage for its employees under sections 5,425
145.01 to 145.58 and Chapters 145., 4123., and 4141. of the 5,428
Revised Code;
(S) Assist in the implementation and administration of the 5,430
drinking water assistance fund and program created in section 5,431
6109.22 of the Revised Code and the water pollution control loan 5,432
fund and program created in section 6111.036 of the Revised Code, 5,433
including, without limitation, performing or providing fiscal 5,434
management for the funds and investing and disbursing moneys in
the funds, and enter into all necessary and appropriate 5,435
agreements with the director of environmental protection for 5,436
those purposes;
(T) Issue water development revenue bonds and notes of the 5,438
state in principal amounts that are necessary for the purpose of 5,439
raising moneys for the sole benefit of the water pollution 5,440
control loan fund created in section 6111.036 of the Revised 5,441
Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds 5,442
and notes may be secured by appropriate trust agreements and 5,443
repaid from moneys credited to the fund from payments of 5,444
principal and interest on loans made from the fund, as provided 5,445
in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the 5,447
state in principal amounts that are necessary for the purpose of 5,448
raising moneys for the sole benefit of the drinking water 5,449
123
assistance fund created in section 6109.22 of the Revised Code, 5,450
including moneys to meet the requirement for providing matching 5,451
moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and 5,452
repaid from moneys credited to the fund from payments of 5,453
principal and interest on loans made from the fund, as provided 5,454
in division (F) of section 6109.22 of the Revised Code. 5,455
(V) Make loans to and enter into agreements with boards of 5,457
county commissioners for the purposes of section 1507.071 of the 5,458
Revised Code and adopt rules establishing requirements and 5,459
procedures for making the loans and entering into the agreements; 5,460
(W) Do all acts necessary or proper to carry out the 5,462
powers expressly granted in this chapter. 5,463
Any instrument by which real property is acquired pursuant 5,465
to this section shall identify the agency of the state that has 5,466
the use and benefit of the real property as specified in section 5,467
5301.012 of the Revised Code.
Section 2. That existing sections 124.24, 145.01, 145.04, 5,469
145.05, 145.06, 145.07, 145.09, 145.12, 145.14, 145.19, 145.20, 5,470
145.21, 145.22, 145.23, 145.25, 145.26, 145.27, 145.29, 145.297, 5,471
145.322, 145.323, 145.325, 145.33, 145.331, 145.34, 145.36, 5,472
145.361, 145.41, 145.42, 145.45, 145.452, 145.46, 145.47, 145.48, 5,473
145.491, 145.53, 145.55, 145.56, 145.563, 145.59, 145.71, 145.72, 5,474
145.73, 145.74, 145.75, 145.76, 306.45, 308.15, 2329.66, 2907.15, 5,475
2921.41, 3105.171, 3105.63, 3375.411, 3381.13, and 6121.04 and 5,476
sections 145.49, 145.50, and 145.52 of the Revised Code are 5,477
hereby repealed. 5,478
Section 3. The amendments made by this act to section 5,480
145.04 of the Revised Code do not affect the term of the retirant 5,481
member holding office on the effective date of this act. 5,482
Section 4. On and after the effective date of this act, if 5,484
necessary to ensure the integrity of the numbering of the 5,485
Administrative Code, the Director of the Legislative Service 5,486
Commission shall renumber the rules of the Ohio Deferred 5,487
124
Compensation Program to reflect their transfer to Chapter 148. of 5,488
the Revised Code from Chapter 145. of the Revised Code. 5,489
Section 5. Section 6121.04 of the Revised Code is 5,491
presented in this act as a composite of the section as amended by 5,492
both Sub. H.B. 19 and Am. S.B. 43 of the 123rd General Assembly, 5,493
with the new language of neither of the acts shown in capital 5,494
letters. This is in recognition of the principle stated in 5,495
division (B) of section 1.52 of the Revised Code that such 5,496
amendments are to be harmonized where not substantively 5,497
irreconcilable and constitutes a legislative finding that such is 5,498
the resulting version in effect prior to the effective date of 5,499
this act.