As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 628 5
1999-2000 6
REPRESENTATIVES HOLLISTER-VAN VYVEN-WILLAMOWSKI-OLMAN-TIBERI- 8
TERWILLEGER-SCHURING-VESPER-J. BEATTY-R. MILLER-PATTON-BRADING- 9
SMITH 10
_________________________________________________________________ 11
A B I L L
To amend sections 124.24, 145.01, 145.04, 145.05, 12
145.06, 145.07, 145.09, 145.12, 145.14, 145.19, 13
145.20, 145.21, 145.22, 145.23, 145.25, 145.26, 14
145.27, 145.29, 145.291, 145.297, 145.322,
145.325, 145.33, 145.331, 145.34, 145.36, 15
145.361, 145.38, 145.391, 145.41, 145.42, 145.45, 17
145.451, 145.452, 145.46, 145.47, 145.48,
145.491, 145.55, 145.56, 145.563, 145.71, 145.72, 18
145.73, 145.74, 145.75, 145.76, 306.45, 308.15,
742.58, 2329.66, 2907.15, 2921.41, 3105.171, 20
3105.63, 3307.661, 3309.50, 3375.411, 3381.13, 21
5505.30, and 6121.04; to amend, for the purpose 22
of adopting new section numbers as indicated in 23
parentheses, sections 145.19 (145.111), 145.491
(145.49), 145.53 (145.69), 145.59 (145.70), 25
145.71 (148.01), 145.72 (148.02), 145.73 26
(148.04), 145.74 (148.06), 145.75 (148.09), and
145.76 (148.10); to enact new section 145.19 and 27
sections 145.091, 145.171, 145.191, 145.192, 28
145.3213, 145.332, 145.80, 145.81, 145.811, 29
145.812, 145.813, 145.82, 145.85, 145.86, 145.87, 30
145.88, 145.91, 145.92, 145.95, 145.97, and 31
145.98; and to repeal sections 145.49, 145.50,
and 145.52 of the Revised Code to increase 32
certain benefits paid by the Public Employees
Retirement System (PERS), to require PERS to 33
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establish a defined contribution retirement plan, 34
and to relocate the provisions governing the Ohio
Deferred Compensation Program. 36
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 37
Section 1. That sections 124.24, 145.01, 145.04, 145.05, 39
145.06, 145.07, 145.09, 145.12, 145.14, 145.19, 145.20, 145.21, 40
145.22, 145.23, 145.25, 145.26, 145.27, 145.29, 145.291, 145.297, 41
145.322, 145.325, 145.33, 145.331, 145.34, 145.36, 145.361, 42
145.38, 145.391, 145.41, 145.42, 145.45, 145.451, 145.452, 44
145.46, 145.47, 145.48, 145.491, 145.55, 145.56, 145.563, 145.71, 45
145.72, 145.73, 145.74, 145.75, 145.76, 306.45, 308.15, 742.58, 46
2329.66, 2907.15, 2921.41, 3105.171, 3105.63, 3307.661, 3309.50,
3375.411, 3381.13, 5505.30, and 6121.04 be amended; that sections 48
145.19 (145.111), 145.491 (145.49), 145.53 (145.69), 145.59 50
(145.70), 145.71 (148.01), 145.72 (148.02), 145.73 (148.04), 51
145.74 (148.06), 145.75 (148.09), and 145.76 (148.10) be amended, 52
for the purpose of adopting new section numbers as indicated in 53
parentheses; and that new section 145.19 and sections 145.091, 54
145.171, 145.191, 145.192, 145.3213, 145.332, 145.80, 145.81,
145.811, 145.812, 145.813, 145.82, 145.85, 145.86, 145.87, 56
145.88, 145.91, 145.92, 145.95, 145.97, and 145.98 of the Revised 57
Code be enacted to read as follows: 58
Sec. 124.24. Notwithstanding sections 124.01 to 124.64 and 67
145.01 to 145.57 CHAPTER 145. of the Revised Code, the 69
examinations of applicants for the position POSITIONS of deputy 70
mine inspector, superintendent of rescue stations, assistant 71
superintendent of rescue stations, electrical inspectors, gas 72
storage well inspector, and mine chemists in the division of 73
mines and reclamation, department of natural resources, as 74
provided in Chapters 1561., 1563., 1565., and 1567. of the 76
Revised Code shall be provied PROVIDED for, conducted, and 77
administered by the mine examining board created by section 78
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1561.10 of the Revised Code.
From the returns of the examinations the mine examining 80
board shall prepare eligible lists of the persons whose general 81
average standing upon examinations for such grade or class is not 82
less than the minimum fixed by the rules of said board and who 83
are otherwise eligible. All appointments to the said position 84
shall be made from such eligible list in the same manner as 85
appointments are made from eligible lists prepared by the 86
director of administrative services. Any person upon being 87
appointed to fill one of the positions provided for in this 88
section, from any such eligible list, shall have the same 89
standing, rights, privileges, and status as other state employees 90
in the classified service. 91
Sec. 145.01. As used in this chapter: 100
(A) "Public employee" means: 102
(1) Any person holding an office, not elective, under the 104
state or any county, township, municipal corporation, park 105
district, conservancy district, sanitary district, health 106
district, metropolitan housing authority, state retirement board, 107
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 108
university, or board, bureau, commission, council, committee, 109
authority, or administrative body as the same are, or have been, 110
created by action of the general assembly or by the legislative 111
authority of any of the units of local government named in 112
division (A)(1) of this section, or employed and paid in whole or 113
in part by the state or any of the authorities named in division 114
(A)(1) of this section in any capacity not covered by section 116
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees 118
retirement system and who continues to perform the same or 120
similar duties under the direction of a contractor who has 121
contracted to take over what before the date of the contract was 122
a publicly operated function. The governmental unit with which
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the contract has been made shall be deemed the employer for the 123
purposes of administering this chapter. 124
(3) Any person who is an employee of a public employer, 126
notwithstanding that the person's compensation for that 127
employment is derived from funds of a person or entity other than 128
the employer. Credit for such service shall be included as total 129
service credit, provided that the employee makes the payments 130
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 131
In all cases of doubt, the public employees retirement 133
board shall determine whether any person is a public employee, 134
and its decision is final.
(B) "Member" means any public employee, other than a 136
public employee excluded or exempted from membership in the 137
retirement system by section 145.03, 145.031, 145.032, 145.033, 138
145.034, 145.035, or 145.38 of the Revised Code. "Member" 139
includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also 140
includes a disability benefit recipient. 141
(C) "Head of the department" means the elective or 143
appointive head of the several executive, judicial, and 144
administrative departments, institutions, boards, and commissions 145
of the state and local government as the same are created and 146
defined by the laws of this state or, in case of a charter
government, by that charter. 147
(D) "Employer" or "public employer" means the state or any 149
county, township, municipal corporation, park district, 150
conservancy district, sanitary district, health district, 151
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 152
cemetery, joint hospital, institutional commissary, state medical 153
college, state university, or board, bureau, commission, council, 154
committee, authority, or administrative body as the same are, or 155
have been, created by action of the general assembly or by the 156
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legislative authority of any of the units of local government
named in this division not covered by section 742.01, 3307.01 or, 158
3309.01, OR 5505.01 of the Revised Code. In addition, "employer" 160
means the employer of any public employee.
(E) "Prior service" means all service as a public employee 162
rendered before January 1, 1935, and all service as an employee 163
of any employer who comes within the state teachers retirement 164
system or of the school employees retirement system or of any 165
other retirement system established under the laws of this state 166
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 167
other system after that other system was established, credit for 168
the service may be allowed by the public employees retirement 169
system only when the employee has made payment, to be computed on 170
the salary earned from the date of appointment to the date 171
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 172
employer has made payment of the corresponding full liability as 173
provided by section 145.44 of the Revised Code. "Prior service" 174
also means all service credited for active duty with the armed 175
forces of the United States as provided in section 145.30 of the 176
Revised Code.
If an employee who has been granted prior service credit by 178
the public employees retirement system for service rendered prior 179
to January 1, 1935, as an employee of a board of education 180
establishes, before retirement, one year or more of contributing 181
service in the state teachers retirement system or school 182
employees retirement system, then the prior service ceases to be
the liability of this system. 183
If the board determines that a position of any member in 185
any calendar year prior to January 1, 1935, was a part-time 186
position, the board shall determine what fractional part of a 187
year's credit shall be allowed by the following formula: 188
(1) When the member has been either elected or appointed 190
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to an office the term of which was two or more years and for 191
which an annual salary is established, the fractional part of the 192
year's credit shall be computed as follows: 193
First, when the member's annual salary is one thousand 195
dollars or less, the service credit for each such calendar year 196
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 198
above one thousand dollars, the member's service credit for each 199
such calendar year shall be increased by two and one-half per 200
cent.
(2) When the member is paid on a per diem basis, the 202
service credit for any single year of the service shall be 203
determined by using the number of days of service for which the 204
compensation was received in any such year as a numerator and 205
using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the 207
service credit for any single year of the service shall be 208
determined by using the number of hours of service for which the 209
compensation was received in any such year as a numerator and 210
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 212
the employees' savings fund created by section 145.23 of the 213
Revised Code. WHEN USED IN THE SECTIONS LISTED IN DIVISION (B) 214
OF SECTION 145.82 OF THE REVISED CODE, "CONTRIBUTOR" INCLUDES ANY 215
PERSON PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 145.81 216
OF THE REVISED CODE. 217
(G) "Beneficiary" or "beneficiaries" means the estate or a 219
person or persons who, as the result of the death of a member, 220
contributor, or retirant, qualify for or are receiving some right 221
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 223
section 145.37 of the Revised Code, means all service credited to 224
a member of the retirement system since last becoming a member, 225
including restored service credit as provided by section 145.31 226
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of the Revised Code; credit purchased under sections 145.293 and 227
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 228
provided in this chapter; all service credit established pursuant 229
to section 145.297 of the Revised Code; and any other service 230
credited under this chapter. In addition, "total service credit" 231
includes any period, not in excess of three years, during which a 232
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 233
of satisfying the service credit requirement and of determining 234
eligibility for benefits under sections 145.32, 145.33, 145.331, 235
145.35, 145.36, and 145.361 of the Revised Code, "five or more 236
years of total service credit" means sixty or more calendar 237
months of contributing service in this system.
(2) "One and one-half years of contributing service 239
credit," as used in division (B) of section 145.45 of the Revised 240
Code, also means eighteen or more calendar months of employment 241
by a municipal corporation that formerly operated its own 242
retirement plan for its employees or a part of its employees, 243
provided that all employees of that municipal retirement plan who 244
have eighteen or more months of such employment, upon 245
establishing membership in the public employees retirement 246
system, shall make a payment of the contributions they would have 247
paid had they been members of this system for the eighteen months 248
of employment preceding the date membership was established. 249
When that payment has been made by all such employee members, a 251
corresponding payment shall be paid into the employers' 252
accumulation fund by that municipal corporation as the employer 253
of the employees. 254
(3) Where a member also is a member of the state teachers 256
retirement system or the school employees retirement system, or 257
both, except in cases of retirement on a combined basis pursuant 258
to section 145.37 of the Revised Code, service credit for any 259
period shall be credited on the basis of the ratio that
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contributions to the public employees retirement system bear to 261
total contributions in all state retirement systems. 262
(4) Not more than one year of credit may be given for any 264
period of twelve months. 265
(5) "Ohio service credit" means credit for service that 267
was rendered to the state or any of its political subdivisions or 268
any employer.
(I) "Regular or current interest" means interest at any 270
rates for the respective funds and accounts as the public 271
employees retirement board may determine from time to time, 272
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 274
shall discontinue the annual crediting of current interest to the 275
individual accounts of contributors. The noncrediting of current 276
interest shall not affect the rate of interest at retirement 277
guaranteed under division (I) of this section. 278
(2) The rate of interest credited on a contributor's 280
contributions at retirement shall be four per cent per annum, 281
compounded annually, to and including December 31, 1955; three 282
per cent per annum, compounded annually, from January 1, 1956, to 283
and including December 31, 1963; three and one-quarter per cent 284
per annum, compounded annually, from January 1, 1964, to and 285
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 286
In determining the reserve value for the purpose of 288
computing the amount of the contributor's annuity, the rate of 289
interest used in the annuity values shall be four per cent per 290
annum, compounded annually, for contributors retiring before 291
October 1, 1956, and after December 31, 1969; three per cent per 292
annum, compounded annually, for contributors retiring between 294
October 1, 1956, and December 31, 1963; and three and one-quarter 295
per cent per annum, compounded annually, for contributors 296
retiring from January 1, 1964, to December 31, 1969. Interest on 297
contributions from contributors within any one calendar year 298
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shall begin on the first day of the calendar year next following 299
and shall be computed at the end of each calendar year, except in 300
the case of a contributor who retires before the end of the year. 301
(J) "Accumulated contributions" means the sum of all 303
amounts credited to a contributor's individual account in the 304
employees' savings fund together with any current interest 305
thereon, but does not include the interest adjustment at 306
retirement. 307
(K)(1) "Final average salary" means the quotient obtained 309
by dividing by three the sum of the three full calendar years of 310
contributing service in which the member's earnable salary was 311
highest, except that if the member has a partial year of 312
contributing service in the year the member's employment 313
terminates and the member's earnable salary for the partial year 314
is higher than for any comparable period in the three years, the 315
member's earnable salary for the partial year shall be 316
substituted for the member's earnable salary for the comparable 317
period during the three years in which the member's earnable 318
salary was lowest.
(2) If a member has less than three years of contributing 320
service, the member's final average salary shall be the member's 321
total earnable salary divided by the total number of years, 322
including any fraction of a year, of the member's contributing 323
service.
(3) For the purpose of calculating benefits payable to a 325
member qualifying for service credit under division (Z) of this 326
section, "final average salary" means the total earnable salary 327
on which contributions were made divided by the total number of 328
years during which contributions were made, including any 329
fraction of a year. If contributions were made for less than 330
twelve months, "final average salary" means the member's total 331
earnable salary. 332
(L) "Annuity" means payments for life derived from 334
contributions made by a contributor and paid from the annuity and 335
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pension reserve fund as provided in this chapter. All annuities 336
shall be paid in twelve equal monthly installments. 337
(M) "Annuity reserve" means the present value, computed 339
upon the basis of the mortality and other tables adopted by the 340
board, of all payments to be made on account of any annuity, or 341
benefit in lieu of any annuity, granted to a retirant as provided 342
in this chapter.
(N)(1) "Disability retirement" means retirement as 344
provided in section 145.36 of the Revised Code. 345
(2) "Disability allowance" means an allowance paid on 347
account of disability under section 145.361 of the Revised Code. 348
(3) "Disability benefit" means a benefit paid as 350
disability retirement under section 145.36 of the Revised Code, 351
as a disability allowance under section 145.361 of the Revised 352
Code, or as a disability benefit under section 145.37 of the 353
Revised Code.
(4) "Disability benefit recipient" means a member who is 355
receiving a disability benefit. 356
(O) "Age and service retirement" means retirement as 358
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 359
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 361
contributions made by the employer that at the time of retirement 362
are credited into the annuity and pension reserve fund from the 363
employers' accumulation fund and paid from the annuity and 364
pension reserve fund as provided in this chapter. All pensions 365
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 367
portion of the benefit derived from contributions made by the 368
member.
(R)(1) Except as otherwise provided in division (R) of 371
this section, "earnable salary" means all salary, wages, and 372
other earnings paid to a contributor by reason of employment in a 373
position covered by the retirement system. The salary, wages,
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and other earnings shall be determined prior to determination of 374
the amount required to be contributed to the employees' savings 375
fund under section 145.47 of the Revised Code and without regard 376
to whether any of the salary, wages, or other earnings are 377
treated as deferred income for federal income tax purposes. 378
"Earnable salary" includes the following:
(a) Payments made by the employer in lieu of salary, 380
wages, or other earnings for sick leave, personal leave, or 381
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 383
sick leave, personal leave, and vacation leave accrued, but not 384
used if the payment is made during the year in which the leave is 386
accrued, except that payments made pursuant to section 124.383 or 387
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 389
consisting of housing, laundry, and meals, as certified to the 390
retirement board by the employer or the head of the department 391
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the 393
Revised Code;
(e) Payments that are made under a disability leave 395
program sponsored by the employer and for which the employer is 396
required by section 145.296 of the Revised Code to make periodic 397
employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) 399
of this section.
(2) "Earnable salary" does not include any of the 401
following:
(a) Fees and commissions, other than those paid under 403
section 507.09 of the Revised Code, paid as sole compensation for 404
personal services and fees and commissions for special services 405
over and above services for which the contributor receives a 406
salary;
(b) Amounts paid by the employer to provide life 408
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insurance, sickness, accident, endowment, health, medical, 409
hospital, dental, or surgical coverage, or other insurance for 410
the contributor or the contributor's family, or amounts paid by 411
the employer to the contributor in lieu of providing the
insurance;
(c) Incidental benefits, including lodging, food, laundry, 413
parking, or services furnished by the employer, or use of the 414
employer's property or equipment, or amounts paid by the employer 415
to the contributor in lieu of providing the incidental benefits; 416
(d) Reimbursement for job-related expenses authorized by 418
the employer, including moving and travel expenses and expenses 419
related to professional development; 420
(e) Payments for accrued but unused sick leave, personal 422
leave, or vacation that are made at any time other than in the 424
year in which the sick leave, personal leave, or vacation was 425
accrued;
(f) Payments made to or on behalf of a contributor that 427
are in excess of the annual compensation that may be taken into 428
account by the retirement system under division (a)(17) of 429
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 430
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 432
5923.05 of the Revised Code or Section 4 of Substitute Senate 433
Bill No. 3 of the 119th general assembly; 434
(h) Anything of value received by the contributor that is 436
based on or attributable to retirement or an agreement to retire, 437
except that payments made on or before January 1, 1989, that are 438
based on or attributable to an agreement to retire shall be 439
included in earnable salary if both of the following apply: 440
(i) The payments are made in accordance with contract 442
provisions that were in effect prior to January 1, 1986; 443
(ii) The employer pays the retirement system an amount 445
specified by the retirement board equal to the additional 446
liability resulting from the payments. 447
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(3) The retirement board shall determine by rule whether 449
any compensation not enumerated in division (R) of this section 450
is earnable salary, and its decision shall be final. 452
(S) "Pension reserve" means the present value, computed 454
upon the basis of the mortality and other tables adopted by the 455
board, of all payments to be made on account of any retirement 456
allowance or benefit in lieu of any retirement allowance, granted 457
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 459
to a member of the system since January 1, 1935, for which 460
contributions are made as required by sections 145.47, 145.48, 461
and 145.483 of the Revised Code. In any year subsequent to 1934, 462
credit for any service shall be allowed by the following formula: 463
(a) For each month for which the member's earnable salary 465
is two hundred fifty dollars or more, allow one month's credit. 466
(b) For each month for which the member's earnable salary 468
is less than two hundred fifty dollars, allow a fraction of a 469
month's credit. The numerator of this fraction shall be the 470
earnable salary during the month, and the denominator shall be 471
two hundred fifty dollars, except that if the member's annual 472
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 473
calendar year of employment during which the member worked each 474
month. Division (T)(1)(b) of this section shall not reduce any 476
credit earned before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an 478
elected official who prior to January 1, 1980, was granted a full 479
year of credit for each year of service as an elected official 480
shall be considered to have earned a full year of credit for each 481
year of service regardless of whether the service was full-time 482
or part-time. The public employees retirement board has no
authority to reduce the credit. 483
(U) "State retirement board" means the public employees 485
retirement board, the school employees retirement board, or the 486
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state teachers retirement board.
(V) "Retirant" means any former member who retires and is 488
receiving a monthly allowance as provided in sections 145.32, 489
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 490
(W) "Employer contribution" means the amount paid by an 492
employer as determined by the employer rate including the normal 493
and deficiency contribution rates UNDER SECTION 145.48 OF THE 494
REVISED CODE. 495
(X) "Public service terminates" means the last day for 497
which a public employee is compensated for services performed for 498
an employer or the date of the employee's death, whichever occurs 499
first.
(Y) When a member has been elected or appointed to an 501
office, the term of which is two or more years, for which an 502
annual salary is established, and in the event that the salary of 503
the office is increased and the member is denied the additional 504
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 505
to have the amount of the member's contributions calculated upon 506
the basis of the increased salary for the office. At the 507
member's request, the board shall compute the total additional 508
amount the member would have contributed, or the amount by which 509
each of the member's contributions would have increased, had the 510
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 511
member's contribution would have increased withheld from the 512
member's salary, the member shall notify the employer, and the 513
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 514
amount withheld may elect at any time to make a payment to the 515
retirement system equal to the additional amount the member's 516
contribution would have increased, plus interest on that 517
contribution, compounded annually at a rate established by the 518
board and computed from the date on which the last contribution
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would have been withheld from the member's salary to the date of 519
payment. A member may make a payment for part of the period for 520
which the increased contribution was not withheld, in which case 521
the interest shall be computed from the date the last 522
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 523
contributions as provided in this division, the increased annual 524
salary as provided by law for the office for the period for which 525
the member paid increased contributions thereon shall be used in 526
determining the member's earnable salary for the purpose of 527
computing the member's final average salary.
(Z) "Five years of service credit," for the exclusive 529
purpose of satisfying the service credit requirements and of 530
determining eligibility for benefits under section 145.33 of the 531
Revised Code, means employment covered under this chapter or 532
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter or under a 533
combination of the coverage. 535
(AA) "Deputy sheriff" means any person who is commissioned 537
and employed as a full-time peace officer by the sheriff of any 538
county, and has been so employed since on or before December 31, 539
1965, and whose primary duties are to preserve the peace, to 540
protect life and property, and to enforce the laws of this state; 541
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 542
and who has received a certificate attesting to the person's 543
satisfactory completion of the peace officer training school as 544
required by section 109.77 of the Revised Code and whose primary 545
duties are to preserve the peace, protect life and property, and 546
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 547
the Revised Code as a criminal bailiff or court constable who has 548
received a certificate attesting to the person's satisfactory 549
completion of the peace officer training school as required by 550
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section 109.77 of the Revised Code and whose primary duties are 551
to preserve the peace, protect life and property, and enforce the 552
laws of this state.
(BB) "Township constable or police officer in a township 554
police department or district" means any person who is 555
commissioned and employed as a full-time peace officer pursuant 556
to Chapter 505. or 509. of the Revised Code, who has received a 557
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 558
of the Revised Code, and whose primary duties are to preserve the 559
peace, protect life and property, and enforce the laws of this 560
state.
(CC) "Drug agent" means any person who is either of the 562
following:
(1) Employed full-time as a narcotics agent by a county 564
narcotics agency created pursuant to section 307.15 of the 565
Revised Code and has received a certificate attesting to the 566
satisfactory completion of the peace officer training school as 567
required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as 569
defined in section 109.79 of the Revised Code and is in 570
compliance with section 109.77 of the Revised Code. 571
(DD) "Department of public safety enforcement agent" means 573
a full-time employee of the department of public safety who is 575
designated under section 5502.14 of the Revised Code as an 577
enforcement agent and who is in compliance with section 109.77 of 579
the Revised Code.
(EE) "Natural resources law enforcement staff officer" 581
means a full-time employee of the department of natural resources 582
who is designated a natural resources law enforcement staff 583
officer under section 1501.013 of the Revised Code and is in 586
compliance with section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the 588
department of natural resources who is designated a park officer 590
17
under section 1541.10 of the Revised Code and is in compliance 591
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the 593
department of natural resources who is designated a forest 595
officer under section 1503.29 of the Revised Code and is in 596
compliance with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time employee of the 599
department of natural resources who is designated a preserve 600
officer under section 1517.10 of the Revised Code and is in 602
compliance with section 109.77 of the Revised Code. 604
(II) "Wildlife officer" means a full-time employee of the 606
department of natural resources who is designated a wildlife 608
officer under section 1531.13 of the Revised Code and is in 609
compliance with section 109.77 of the Revised Code. 610
(JJ) "State watercraft officer" means a full-time employee 613
of the department of natural resources who is designated a state 614
watercraft officer under section 1547.521 of the Revised Code and 615
is in compliance with section 109.77 of the Revised Code. 616
(KK) "Park district police officer" means a full-time 618
employee of a park district who is designated pursuant to section 620
511.232 or 1545.13 of the Revised Code and is in compliance with 621
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time 623
employee of a conservancy district who is designated pursuant to 625
section 6101.75 of the Revised Code and is in compliance with 626
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the 628
organized police department of a municipal corporation who is 630
employed full-time, is in compliance with section 109.77 of the 631
Revised Code, and is not a member of the Ohio police and fire 632
pension fund. 633
(NN) "Ohio veterans' home police officer" means any person 636
who is employed at the Ohio veterans' home as a police officer 637
pursuant to section 5907.02 of the Revised Code and is in 638
18
compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health 640
institution" means any person who is designated as such pursuant 642
to section 5119.14 of the Revised Code and is in compliance with 643
section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the 645
mentally retarded and developmentally disabled" means any person 647
who is designated as such pursuant to section 5123.13 of the 648
Revised Code and is in compliance with section 109.77 of the 649
Revised Code.
(QQ) "State university law enforcement officer" means any 651
person who is employed full-time as a state university law 653
enforcement officer pursuant to section 3345.04 of the Revised 654
Code and who is in compliance with section 109.77 of the Revised 655
Code.
(RR) "Hamilton county municipal court bailiff" means a 657
person appointed by the clerk of courts of the Hamilton county 659
municipal court under division (A)(3) of section 1901.32 of the 660
Revised Code who is employed full-time as a bailiff or deputy 661
bailiff, who has received a certificate attesting to the person's 662
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 663
and whose primary duties are to preserve the peace, to protect 664
life and property, and to enforce the laws of this state. 665
(SS) Notwithstanding section 2901.01 of the Revised Code, 667
"law enforcement officer" means a sheriff, deputy sheriff, 669
township constable or police officer in a township police 670
department or district, drug agent, department of public safety 671
enforcement agent, natural resources law enforcement staff
officer, park officer, forest officer, preserve officer, wildlife 673
officer, state watercraft officer, park district police officer, 674
conservancy district officer, Ohio veterans' home police officer, 675
special police officer for a mental health institution, special 676
police officer for an institution for the mentally retarded and 677
19
developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal 678
police officer.
(TT) "Fiduciary" means a person who does any of the 680
following: 681
(1) Exercises any discretionary authority or control with 683
respect to the management of the system or with respect to the 684
management or disposition of its assets; 685
(2) Renders investment advice for a fee, direct or 687
indirect, with respect to money or property of the system; 688
(3) Has any discretionary authority or responsibility in 690
the administration of the system. 691
(UU) "Actuary" means an individual who satisfies all of 693
the following requirements: 695
(1) Is a member of the American academy of actuaries; 697
(2) Is an associate or fellow of the society of actuaries; 699
(3) Has a minimum of five years' experience in providing 701
actuarial services to public retirement plans. 702
Sec. 145.04. The general administration and management of 711
the public employees retirement system and the making effective 712
of sections 145.01 to 145.59 CHAPTER 145. of the Revised Code, 714
are hereby vested in a board to be known as the "public employees 715
retirement board," which shall consist of nine members as 716
follows:
(A) The attorney general; 718
(B) The auditor of state; 720
(C) The director of administrative services; 722
(D) Five members, known as employee members, one of whom 724
shall be a state employee member of the system, who shall be 725
elected by ballot by the state employee members of the system 726
from among their number; another of whom shall be a county 727
employee member of the system, who shall be elected by ballot by 728
the county employee members of the system from among their 729
number; another of whom shall be a municipal employee member of 730
20
the system, who shall be elected by ballot by the municipal 731
employee members of the system from among their number; another 732
of whom shall be a university or college employee member of the 733
system, who shall be elected by ballot by the university and 734
college employee members of the system from among their number; 735
and another of whom shall be a park district, conservancy 736
district, sanitary district, health district, public library, 737
township, metropolitan housing authority, union cemetery, joint 738
hospital, or institutional commissary employee member of the 739
system, who shall be elected by ballot by the park district, 740
conservancy district, sanitary district, health district, 741
metropolitan housing authority, township, public library, union 742
cemetery, joint hospital, and institutional commissary employee 743
members of the system from among their number, in a manner to be 744
approved by the board. Members of the system who are receiving a 745
disability benefit under this chapter are ineligible for 746
membership on the board as employee members. 747
(E) One member, known as the retirant member, who shall be 749
a former member of the public employees retirement system who is 750
A RESIDENT OF THIS STATE AND a recipient of AGE AND service 751
retirement benefits under this chapter and a resident of this 753
state, or a member of the system who is a recipient of a 754
disability benefit under this chapter and a resident of this 755
state, OR BENEFITS PAID UNDER A PLAN ESTABLISHED UNDER SECTION 756
145.81 OF THE REVISED CODE. The retirant member shall be elected 757
by ballot by former members of the system who are receiving AGE 758
AND service retirement benefits under this chapter and members of 760
the system who are receiving, a disability benefit under this 761
chapter, OR BENEFITS PAID UNDER A PLAN ESTABLISHED UNDER SECTION 763
145.81 OF THE REVISED CODE.
Sec. 145.05. (A) The terms of office of employee members 772
of the public employees retirement board shall be for four years 773
each beginning on the first day of January following election. 774
The election of the county employee member of the board and the 775
21
employee member of the board representing public library, health 776
district, park district, conservancy district, sanitary district, 777
township, metropolitan housing authority, union cemetery, joint 778
hospital, and institutional commissary employees shall be held on 779
the first Monday in October, 1945, and on the first Monday in 780
October in each fourth year thereafter. The election of the 781
state employee member of the board and the municipal employee 782
member of the board shall be held on the first Monday in October, 783
1946, and on the first Monday in October in each fourth year 784
thereafter. The election of the initial university-college 785
employee member of the board shall be held on the first Monday in 786
October, 1978, and elections for subsequent university-college 787
employee members of the board shall be held on the first Monday 788
in October in each fourth year thereafter. 789
(B) The term of office of the retirant member of the 791
public employees retirement board shall be for four years 792
beginning on the first day of January following the election. The 794
election of the initial retirant member of the board shall be
held on the first Monday in October, 1978, and elections for 795
subsequent retirant members of the board shall be held on the 796
first Monday in October in each fourth year thereafter. 797
(C) All elections for employee members of the public 799
employees retirement board shall be held under the direction of 800
the board. Any member of the public employees retirement system, 801
except a member who is receiving a disability benefit under this 802
chapter, is eligible for election as an employee member of the 803
board to represent the employee group of which he is a THAT 804
INCLUDES THE member, provided that he THE MEMBER has been 806
nominated by a petition signed by at least five hundred members 808
of the employee group to be represented and further provided that 809
there shall be not less than twenty such signers from each of at 810
least ten counties of the state. The name of any member so 811
nominated shall be placed upon the ballot by the board as a 812
regular candidate. Names of other eligible candidates may, at 813
22
any election, be substituted for the regular candidates by 814
writing such names upon the ballots. The candidate who receives 815
the highest number of votes for a particular employee member 816
position on the board shall be elected to that office. 817
(D) All elections for the retirant member of the public 819
employees retirement board shall be held under the direction of 820
the board. Any former member of the public employees retirement 821
system who is a recipient of service retirement benefits under 822
this chapter and a resident of this state, and any member of the 823
system who is a recipient of a disability benefit under this 824
chapter and a resident of this state, DESCRIBED IN DIVISION (E) 826
OF SECTION 145.04 OF THE REVISED CODE is eligible for election as 827
the retirant member of the board to represent the RECIPIENTS OF 828
AGE AND service retirants and RETIREMENT, A disability benefit 830
recipients of the system, OR BENEFITS PAID UNDER A PLAN 832
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, provided 834
that such person has been nominated by a petition signed by at 835
least two hundred fifty former members of the system who are 836
receiving RECIPIENTS OF AGE AND service retirement benefits under 837
this chapter or members of the system who are receiving, a 838
disability benefit, OR BENEFITS PAID under this chapter A PLAN 840
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, or any 841
combination of such service retirants and disability benefit 843
recipients that totals two hundred fifty. The petition shall 844
contain the signatures of at least ten such retirants or 845
recipients from each of at least five counties wherein service 846
retirants or disability benefit recipients under OF BENEFITS FROM 847
the system reside. 848
The name of any disability benefit recipient or service 850
retirant under the system PERSON nominated in this manner shall 851
be placed upon the ballot by the board as a regular candidate. 852
Names of other eligible candidates may, at any election for the 853
retirant member of the board, be substituted for the regular 854
candidates by writing the names of such persons upon the ballot. 855
23
The candidate who receives the highest number of votes for any 856
term as the retirant member of the board shall be elected to 857
office. 858
Sec. 145.06. (A) If a vacancy occurs in the term of any 867
employee member of the public employees retirement board, the 868
remaining members of the board shall elect an employee member 869
from the employee group lacking representation because of the 870
vacancy for the unexpired term. 871
Any employee member of the board who fails to attend the 873
meetings of the board for three months or longer, without valid 874
excuse, shall be considered as having resigned, and the board 875
shall declare his THE EMPLOYEE MEMBER'S office vacated as of the 876
date of the adoption of a proper resolution. 878
(B) If a vacancy occurs during the term of office of the 880
retirant member of the board, the remaining members of the board 881
shall elect a successor retirant member who shall hold office for 882
the remainder of the predecessor retirant member's term. The 883
successor retirant member shall be a former member of the public 884
employees retirement system who is a recipient of service 885
retirement benefits under this chapter and a resident of this 886
state, or a member of the system who is a recipient of a 887
disability benefit under this chapter and a resident of this 888
state ELIGIBLE FOR ELECTION UNDER SECTION 145.04 OF THE REVISED 890
CODE AS THE RETIRANT MEMBER OF THE BOARD.
If a retirant member of the board fails to attend the 892
meetings of the board for three months or longer, without valid 893
excuse, he THE RETIRANT MEMBER shall be considered as having 894
resigned, and the board shall declare his THE MEMBER'S office 896
vacated as of the date of the adoption of a proper resolution. 898
If as a result of changed circumstances the retirant member 900
would no longer qualify for membership on the board as the 901
retirant member, his THE RETIRANT MEMBER'S office shall be 902
considered vacant, and a successor retirant member shall be 904
chosen in the manner specified in this division. 905
24
(C) If a person elected to serve on the board is unable to 907
assume office at the January meeting of the board following his 908
or her THE PERSON'S election, a special election shall be held in 909
accordance with the provisions of section 145.05 of the Revised 911
Code within three months of the January meeting and the newly 912
elected person shall assume office at the meeting of the board 913
immediately following the special election. 914
Sec. 145.07. Each member of the public employees 923
retirement board, upon assuming office, shall take an oath that 924
he THE MEMBER will support the constitution of the United States 925
and the constitution of the state, and that he THE MEMBER will 927
diligently and honestly administer the affairs of the board and 929
that he THE MEMBER will not knowingly violate or willfully permit 931
to be violated sections 145.01 to 145.58 ANY PROVISION of the 932
Revised Code THIS CHAPTER. Such oath shall be subscribed to by 934
the member making it, and certified by the officer before whom it 935
is taken, and shall be immediately filed in the office of the 936
secretary of state. A majority of the members of the board 937
constitutes a quorum. All meetings of the board shall be open to 938
the public except executive sessions as set forth in division (G) 939
of section 121.22 of the Revised Code, and any portions of any 940
sessions discussing medical records or the degree of disability 941
of a member excluded from public inspection by section 145.27 of 942
the Revised Code.
Sec. 145.09. The public employees retirement board shall 951
elect from its membership a chairperson, and shall appoint an 953
executive director who shall serve as secretary to the board, an 954
actuary, and other employees as necessary for the transaction of 955
the business of the public employees retirement system. The 956
compensation of all persons so appointed shall be fixed by the 957
board. Every expense voucher of an employee, officer, or board 958
member of the public employees retirement system shall itemize 959
all purchases and expenditures. 960
The board shall perform other functions as required for the 962
25
proper execution of sections 145.01 to 145.58 of the Revised Code 964
THIS CHAPTER, and may adopt rules IN ACCORDANCE WITH SECTION 965
111.15 OF THE REVISED CODE for the proper administration and 966
management of sections 145.01 to 145.58 of the Revised Code THIS 967
CHAPTER. 968
The attorney general shall prescribe procedures for the 970
adoption of rules authorized under this chapter, consistent with 971
the provision of section 111.15 of the Revised Code under which 972
all rules shall be filed in order to be effective. Such 973
procedures shall establish methods by which notice THE BOARD MAY 974
TAKE ALL APPROPRIATE ACTION TO AVOID PAYMENT BY THE SYSTEM OR ITS 975
MEMBERS OF FEDERAL OR STATE INCOME TAXES ON CONTRIBUTIONS TO THE 976
SYSTEM OR AMOUNTS EARNED ON SUCH CONTRIBUTIONS. 977
NOTICE of proposed rules is SHALL BE given to interested 980
parties and rules adopted by the board SHALL BE published and 981
otherwise made available. When it files a rule with the joint 982
committee on agency rule review pursuant to section 111.15 of the 983
Revised Code, the board shall submit to the Ohio retirement study 985
council a copy of the full text of the rule, and if applicable, a 987
copy of the rule summary and fiscal analysis required by division 988
(B) of section 127.18 of the Revised Code. 991
The board may sue and be sued, plead and be impleaded, 993
contract and be contracted with. All of its business shall be 994
transacted, all of its funds invested, all warrants for money 995
drawn and payments made, and all of its cash and securities and 996
other property shall be held in the name of the board, or in the 997
name of its nominee, provided that nominees are authorized by 998
retirement board resolution for the purpose of facilitating the 999
ownership and transfer of investments and restricted to members 1,000
of the board, the executive director, and designated members of 1,001
the staff, or a partnership composed of any of the foregoing 1,002
persons. 1,003
Sec. 145.091. THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL 1,005
ADMINISTER THE PLAN DESCRIBED IN SECTIONS 145.201 TO 145.70 OF 1,006
26
THE REVISED CODE AND THE PLAN OR PLANS ESTABLISHED UNDER SECTION 1,008
145.81 OF THE REVISED CODE.
Sec. 145.19 145.111. Except as provided in sections 145.01 1,017
to 145.57, inclusive, of the Revised Code THIS CHAPTER, no member 1,020
or employee of the public employees retirement board shall have 1,022
any interest direct or indirect in the gains or profits of any 1,023
investment made by the board nor as such directly or indirectly
receive any pay or emolument of his THE MEMBER'S OR EMPLOYEE'S 1,024
services. No member or person connected with the board directly 1,026
or indirectly, for himself SELF or as an agent or partner of 1,027
others, shall borrow any of its funds or deposits or in any 1,028
manner use the same except to make such current and necessary 1,029
payments as are authorized by the board. No member or employee 1,030
shall become an indorser or surety or become in any manner an 1,031
obligor for moneys loaned by or borrowed from the board.
Sec. 145.12. The public employees retirement board shall 1,040
prepare and submit to the board of county commissioners and 1,041
county auditor of each county, to the executive head of each 1,042
municipal corporation, park district, conservancy district, 1,043
health district, and metropolitan housing authority, to the board 1,044
of township trustees of each township, and to the board of 1,045
trustees of each public library, and to each employer, except the 1,046
state of Ohio, mentioned in division (D) of section 145.01 of the 1,047
Revised Code, prior to the fifteenth day of July of each year, a 1,048
certification of the rate necessary to pay the obligation of each 1,049
county, municipal corporation, park district, conservancy 1,050
district, health district, township, metropolitan housing 1,051
authority, or public library accruing during the year beginning 1,052
the first day of January of the following year, and shall submit 1,053
to the budget commission of each county a copy of such statement 1,054
for said county and for each municipal corporation, township, and 1,055
public library within such county. The rate so certified to each 1,056
county, township, public library, and municipal corporation shall 1,057
be a percentage of the earnable salary of all contributors in the 1,058
27
employ of such employer, and an amount determined by multiplying 1,059
the total annual earnable salary of all such contributors 1,060
employed by the employer by such rate and the amount so 1,061
determined shall be included in its budget and allowed by the 1,062
budget commission. 1,063
The board of county commissioners of each county, the 1,065
legislative authority of each municipal corporation, the board of 1,066
commissioners of any park district, the board of directors of any 1,067
conservancy district, the members of any metropolitan housing 1,068
authority, the fiscal officers of any health district, the board 1,069
of township trustees of each township, and the board of trustees 1,070
of each public library shall appropriate sufficient funds to 1,071
provide for such obligations. 1,072
The board of county commissioners of each county, the 1,074
legislative authority of each municipal corporation, the board of 1,075
commissioners of any park district, the board of directors of any 1,076
conservancy district, the members of any metropolitan housing 1,077
authority, the fiscal officers of any health district, the board 1,078
of township trustees of each township, and the board of trustees 1,079
of each public library may reimburse the fund from which such 1,080
appropriation is made by transferring to such fund from any other 1,081
fund of such subdivision the proportionate amount of such 1,082
appropriation that should be chargeable to such fund whether such 1,083
fund is derived from taxation or otherwise. 1,084
Such payment may be made directly out of any funds, whether 1,086
derived from taxation or otherwise, from which the salaries or 1,087
compensation of public employees, on account of whom such 1,088
payments are to be made, are payable. Upon certification by the 1,089
public employees retirement board of the amount due by an 1,090
employer within any county who is subject to sections 145.01 to 1,091
145.59 of the Revised Code THIS CHAPTER, such payment shall be 1,092
made from any fund or funds in the hands of the county auditor 1,094
for distribution to such employer. 1,095
Sec. 145.14. For the purpose of meeting disbursements for 1,104
28
annuities and other payments in excess of the receipts, there 1,105
shall be kept available by the treasurer of state an amount not 1,106
exceeding ten per cent of the total amount in the funds provided 1,107
for by sections 145.01 to 145.57, inclusive, of the Revised Code, 1,109
THIS CHAPTER on deposit in any bank or banks in this state,
organized under the laws thereof, or under the laws of the United 1,111
States, or with any trust company or trust companies incorporated 1,112
by the law of this state. Said banks or trust companies shall 1,113
furnish adequate security for said deposit. The sum so deposited 1,114
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 1,115
company.
Sec. 145.171. ON RECEIPT OF NOTICE UNDER SECTION 145.17 OF 1,117
THE REVISED CODE OF THE EMPLOYMENT OF A NEW PUBLIC EMPLOYEE, THE 1,118
PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL INFORM THE EMPLOYEE OF 1,119
THE REQUIREMENTS OF SECTION 145.19 OF THE REVISED CODE.
Sec. 145.19. (A) EXCEPT AS PROVIDED IN DIVISION (D) OF 1,121
THIS SECTION, AN INDIVIDUAL WHO BECOMES A MEMBER OF THE PUBLIC 1,123
EMPLOYEES RETIREMENT SYSTEM ON OR AFTER THE DATE ON WHICH THE 1,124
PUBLIC EMPLOYEES RETIREMENT BOARD ESTABLISHES A PLAN UNDER 1,126
SECTION 145.81 OF THE REVISED CODE SHALL MAKE AN ELECTION UNDER 1,127
THIS SECTION. NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE 1,128
DATE ON WHICH EMPLOYMENT BEGINS, THE INDIVIDUAL SHALL ELECT TO 1,129
PARTICIPATE EITHER IN THE PLAN DESCRIBED IN SECTIONS 145.201 TO 1,130
145.79 OF THE REVISED CODE OR ONE OF THE PLANS ESTABLISHED UNDER 1,132
SECTION 145.81 OF THE REVISED CODE. IF A FORM EVIDENCING AN 1,133
ELECTION UNDER THIS SECTION IS NOT ON FILE WITH THE EMPLOYER AT 1,134
THE END OF THE ONE-HUNDRED-EIGHTY-DAY PERIOD, THE INDIVIDUAL IS 1,136
DEEMED TO HAVE ELECTED TO PARTICIPATE IN THE PLAN DESCRIBED IN 1,138
SECTIONS 145.201 TO 145.79 OF THE REVISED CODE. 1,139
(B) AN ELECTION UNDER THIS SECTION SHALL BE MADE IN 1,141
WRITING ON A FORM PROVIDED BY THE RETIREMENT SYSTEM AND FILED 1,142
WITH THE EMPLOYER'S PERSONNEL OFFICER. NOT LATER THAN TEN DAYS 1,144
AFTER RECEIVING THE FORM EVIDENCING THE ELECTION, THE EMPLOYER 1,145
29
SHALL TRANSMIT TO THE SYSTEM A COPY THAT INCLUDES A STATEMENT 1,146
CERTIFYING THAT IT IS A TRUE AND ACCURATE COPY OF THE ORIGINAL. 1,147
(C) AN ELECTION UNDER THIS SECTION SHALL TAKE EFFECT ON 1,149
THE DATE EMPLOYMENT BEGAN AND IS IRREVOCABLE ON RECEIPT BY THE 1,150
EMPLOYER.
(D) AN INDIVIDUAL IS INELIGIBLE TO MAKE AN ELECTION UNDER 1,152
THIS SECTION IF ONE OF THE FOLLOWING APPLIES: 1,153
(1) AT THE TIME EMPLOYMENT BEGINS, THE INDIVIDUAL IS 1,155
ALREADY A MEMBER OR CONTRIBUTOR PARTICIPATING IN THE PLAN 1,156
DESCRIBED IN SECTIONS 145.201 TO 145.79 OF THE REVISED CODE OR A 1,157
PERS RETIRANT, AS DEFINED IN SECTION 145.38 OF THE REVISED CODE. 1,158
(2) AN ELECTION TO PARTICIPATE IN AN ALTERNATIVE 1,160
RETIREMENT PLAN UNDER SECTION 3305.05 OF THE REVISED CODE IS IN 1,161
EFFECT FOR EMPLOYMENT COVERED BY THE SYSTEM. 1,162
(3) THE INDIVIDUAL IS A LAW ENFORCEMENT OFFICER. 1,164
Sec. 145.191. (A) A MEMBER OF THE PUBLIC EMPLOYEES 1,166
RETIREMENT SYSTEM, OTHER THAN A MEMBER WHO IS A LAW ENFORCEMENT 1,167
OFFICER, WHO, AS OF THE LAST DAY OF THE MONTH IMMEDIATELY 1,168
PRECEDING THE DATE ON WHICH THE SYSTEM ESTABLISHES A PLAN UNDER 1,169
SECTION 145.81 OF THE REVISED CODE, HAS LESS THAN FIVE YEARS OF 1,170
TOTAL SERVICE CREDIT IS ELIGIBLE TO MAKE AN ELECTION UNDER THIS 1,171
SECTION.
NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DAY THE 1,173
BOARD FIRST ESTABLISHES ONE OR MORE PLANS UNDER SECTION 145.81 OF 1,175
THE REVISED CODE, AN ELIGIBLE MEMBER MAY ELECT TO PARTICIPATE IN 1,176
A PLAN ESTABLISHED UNDER THAT SECTION. IF AN ELECTION IS NOT 1,177
MADE, A MEMBER TO WHOM THIS SECTION APPLIES IS DEEMED TO HAVE 1,179
ELECTED TO CONTINUE PARTICIPATING IN THE PLAN DESCRIBED IN 1,180
SECTIONS 145.201 TO 145.79 OF THE REVISED CODE. 1,181
(B) AN ELECTION UNDER THIS SECTION SHALL BE MADE IN 1,183
WRITING ON A FORM PROVIDED BY THE SYSTEM AND FILED WITH THE 1,184
SYSTEM.
(C) ON RECEIPT OF AN ELECTION UNDER THIS SECTION, THE 1,186
SYSTEM SHALL DO BOTH OF THE FOLLOWING: 1,187
30
(1) CREDIT TO THE ACCOUNT OF THE MEMBER IN THE DEFINED 1,189
CONTRIBUTION FUND THE ACCUMULATED CONTRIBUTIONS STANDING TO THE 1,190
MEMBER'S CREDIT IN THE EMPLOYEES' SAVINGS FUND; 1,191
(2) CANCEL ALL SERVICE CREDIT AND ELIGIBILITY FOR ANY 1,193
PAYMENT, BENEFIT, OR RIGHT UNDER THE PLAN DESCRIBED IN SECTIONS 1,194
145.201 TO 145.79 OF THE REVISED CODE. 1,195
(D) AN ELECTION UNDER THIS SECTION SHALL BE IRREVOCABLE ON 1,198
RECEIPT BY THE SYSTEM. 1,199
Sec. 145.192. A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT 1,201
SYSTEM WHO ELECTS TO PARTICIPATE IN A PLAN ESTABLISHED UNDER 1,202
SECTION 145.81 OF THE REVISED CODE SHALL BE INELIGIBLE FOR ANY 1,204
BENEFIT OR PAYMENT UNDER SECTIONS 145.201 TO 145.79 OF THE 1,205
REVISED CODE AND SHALL BE FOREVER BARRED FROM CLAIMING OR 1,207
PURCHASING SERVICE CREDIT WITH THE SYSTEM OR ANY OTHER OHIO STATE 1,208
RETIREMENT SYSTEM, AS DEFINED IN SECTION 145.30 OF THE REVISED 1,209
CODE, FOR SERVICE COVERED BY THE ELECTION. 1,210
Sec. 145.20. Any elective official of the state of Ohio or 1,219
of any political subdivision thereof having employees in the 1,220
public employees retirement system shall be considered as an 1,221
employee of the state or such political subdivision, and may 1,222
become a member of the system upon application to the public 1,223
employees retirement board, with all the rights, privileges, and 1,224
obligations of membership. Service as any such elective official 1,225
by any member of the system rendered prior to January 1, 1935, 1,226
shall be included as prior service, provided the member has 1,227
completed three years of contributing service, or the equivalent 1,228
thereof, in the public employees retirement system subsequent to 1,229
the date that membership is established. 1,230
Credit for service between January 1, 1935, and the date 1,232
that membership is established, except service as an elective 1,233
official that was subject to the tax on wages imposed by the 1,234
"Federal Insurance Contributions Act," 68A Stat. 415 (1954), 26 1,235
U.S.C.A. 3101, as amended, may be secured by the elective 1,236
official provided he THE ELECTIVE OFFICIAL pays into the 1,237
31
employees' savings fund an amount determined by applying the 1,239
member contribution rate in effect at the time of payment to the 1,240
earnable salary of the member during all periods of service after 1,241
January 1, 1935, covered by sections 145.01 to 145.59 of the 1,242
Revised Code THIS CHAPTER, for which contributions have not been 1,244
paid, plus interest on such amount compounded annually at a rate 1,245
to be determined by the board, and completes one and one-half 1,246
years of contributing membership in the public employees 1,247
retirement system subsequent to the date membership was 1,248
established. The member may choose to purchase only part of such 1,249
credit in any one payment. The public employees retirement board 1,250
shall determine the amount and manner of payment of such 1,251
contributions. In the event of death or withdrawal from service, 1,252
the payment into the employees' savings fund for such service 1,253
credit shall be considered as accumulated contributions of the 1,254
member.
Sec. 145.21. The public employees retirement board shall 1,263
provide for the maintenance of an individual account with each 1,264
contributor showing the amount of his THE CONTRIBUTOR'S 1,265
contributions and the interest accumulations thereon. It shall 1,266
collect and keep in convenient form such data as is necessary for 1,267
the preparation of the required mortality and service tables, and 1,268
for an actuarial valuation of the assets and liabilities of the 1,269
various funds created by sections 145.01 to 145.59 of the Revised 1,271
Code THIS CHAPTER. Upon the basis of the mortality and service 1,272
experience of the members, contributors, retirants, and 1,273
beneficiaries of the public employees retirement system, the 1,274
board shall adopt from time to time such tables as are deemed 1,275
necessary for valuation purposes and for determining the amount 1,276
of annuities to be allowed on the basis of the contributions.
Sec. 145.22. (A) The public employees retirement board 1,285
shall have prepared annually by or under the supervision of an 1,286
actuary an actuarial valuation of the pension assets, 1,287
liabilities, and funding requirements of the public employees 1,288
32
retirement system as established pursuant to sections 145.01 to 1,290
145.59 of the Revised Code THIS CHAPTER. The actuary shall
complete the valuation in accordance with actuarial standards of 1,292
practice promulgated by the actuarial standards board of the 1,293
American academy of actuaries and prepare a report of the 1,294
valuation. The report shall include all of the following: 1,295
(1) A summary of the benefit provisions evaluated; 1,297
(2) A summary of the census data and financial information 1,299
used in the valuation; 1,300
(3) A description of the actuarial assumptions, actuarial 1,302
cost method, and asset valuation method used in the valuation, 1,303
including a statement of the assumed rate of payroll growth and 1,304
assumed rate of growth or decline in the number of members 1,305
contributing to the retirement system;
(4) A summary of findings that includes a statement of the 1,307
actuarial accrued pension liabilities and unfunded actuarial 1,308
accrued pension liabilities; 1,309
(5) A schedule showing the effect of any changes in the 1,311
benefit provisions, actuarial assumptions, or cost methods since 1,312
the last annual actuarial valuation; 1,313
(6) A statement of whether contributions to the retirement 1,315
system are expected to be sufficient to satisfy the funding 1,316
objectives established by the board. 1,317
The board shall submit the report to the Ohio retirement 1,319
study commission COUNCIL and the standing committees of the house 1,321
of representatives and the senate with primary responsibility for 1,322
retirement legislation not later than the first day of November 1,323
SEPTEMBER following the year for which the valuation was made. 1,324
(B) At such time as the public employees retirement board 1,326
determines, and at least once in each five-year period, the board 1,328
shall have prepared by or under the supervision of an actuary an 1,329
actuarial investigation of the mortality, service, and other 1,330
experience of the members, retirants, contributors, and 1,331
beneficiaries of the system to update the actuarial assumptions 1,332
33
used in the actuarial valuation required by division (A) of this 1,333
section. The actuary shall prepare a report of the actuarial 1,334
investigation. The report shall be prepared and any recommended 1,335
changes in actuarial assumptions shall be made in accordance with 1,336
the actuarial standards of practice promulgated by the actuarial 1,337
standards board of the American academy of actuaries. The report 1,338
shall include all of the following:
(1) A summary of relevant decrement and economic 1,340
assumption experience observed over the period of the 1,341
investigation;
(2) Recommended changes in actuarial assumptions to be 1,343
used in subsequent actuarial valuations required by division (A) 1,345
of this section;
(3) A measurement of the financial effect of the 1,347
recommended changes in actuarial assumptions. 1,348
The board shall submit the report to the Ohio retirement 1,351
study commission COUNCIL and the standing committees of the house 1,352
of representatives and the senate with primary responsibility for 1,353
retirement legislation not later than the first day of November 1,354
following the last fiscal year of the period the report covers.
(C) The board may at any time request the actuary to make 1,356
any studies or actuarial valuations to determine the adequacy of 1,358
the normal and deficiency rates of contribution provided by RATE 1,359
DETERMINED UNDER section 145.48 of the Revised Code, and those 1,361
rates may be adjusted by the board, as recommended by the 1,362
actuary, effective as of the first of any year thereafter. 1,363
(D) The board shall have prepared by or under the 1,365
supervision of an actuary an actuarial analysis of any introduced 1,366
legislation expected to have a measurable financial impact on the 1,367
retirement system. The actuarial analysis shall be completed in 1,368
accordance with the actuarial standards of practice promulgated 1,369
by the actuarial standards board of the American academy of 1,370
actuaries. The actuary shall prepare a report of the actuarial 1,371
analysis, which shall include all of the following: 1,372
34
(1) A summary of the statutory changes that are being 1,374
evaluated;
(2) A description of or reference to the actuarial 1,376
assumptions and actuarial cost method used in the report; 1,377
(3) A description of the participant group or groups 1,379
included in the report; 1,380
(4) A statement of the financial impact of the 1,382
legislation, including the resulting increase, if any, in the 1,383
employer normal cost percentage; the increase, if any, in 1,384
actuarial accrued liabilities; and the per cent of payroll that 1,385
would be required to amortize the increase in actuarial accrued
liabilities as a level per cent of covered payroll for all active 1,386
members over a period not to exceed thirty years; 1,387
(5) A statement of whether the scheduled contributions to 1,389
the system after the proposed change is enacted are expected to 1,390
be sufficient to satisfy the funding objectives established by 1,391
the board.
Not later than sixty days from the date of introduction of 1,393
the legislation, the board shall submit a copy of the actuarial 1,394
analysis to the legislative budget office of the legislative 1,395
service commission, the standing committees of the house of 1,396
representatives and the senate with primary responsibility for 1,397
retirement legislation, and the Ohio retirement study commission 1,398
COUNCIL.
(E) The board shall have prepared annually a report giving 1,401
a full accounting of the revenues and costs relating to the 1,402
provision of benefits under sections 145.325 and 145.58 of the 1,403
Revised Code. The report shall be made as of December 31, 1997, 1,404
and the thirty-first day of December of each year thereafter. 1,406
The report shall include the following:
(1) A description of the statutory authority for the 1,408
benefits provided; 1,409
(2) A summary of the benefits; 1,411
(3) A summary of the eligibility requirements for the 1,413
35
benefits; 1,414
(4) A statement of the number of participants eligible for 1,416
the benefits; 1,417
(5) A description of the accounting, asset valuation, and 1,419
funding method used to provide the benefits; 1,420
(6) A statement of the net assets available for the 1,422
provision of the benefits as of the last day of the fiscal year; 1,424
(7) A statement of any changes in the net assets available 1,427
for the provision of benefits, including participant and employer 1,428
contributions, net investment income, administrative expenses, 1,429
and benefits provided to participants, as of the last day of the 1,430
fiscal year;
(8) For the last six consecutive fiscal years, a schedule 1,432
of the net assets available for the benefits, the annual cost of 1,434
benefits, administrative expenses incurred, and annual employer 1,435
contributions allocated for the provision of benefits; 1,436
(9) A description of any significant changes that affect 1,438
the comparability of the report required under this division; 1,440
(10) A statement of the amount paid under division (D) of 1,442
section 145.58 of the Revised Code. 1,443
The board shall submit the report to the Ohio retirement 1,445
study commission COUNCIL and the standing committees of the house 1,446
of representatives and the senate with primary responsibility for 1,447
retirement legislation not later than the thirtieth day of June 1,449
following the year for which the report was made.
Sec. 145.23. The funds hereby created are the employees' 1,458
savings fund, the employers' accumulation fund, the annuity and 1,459
pension reserve fund, the income fund, the survivors' benefit 1,460
fund, THE DEFINED CONTRIBUTION FUND, and the expense fund. 1,461
(A) The employees' savings fund is the fund in which shall 1,463
be accumulated contributions from the earnable salaries of 1,464
contributors for the purchase of annuities or retirement 1,465
allowances. 1,466
The accumulated contributions of a contributor returned to 1,468
36
him THE CONTRIBUTOR upon his withdrawal, or paid to his THE 1,470
CONTRIBUTOR'S estate or designated beneficiary in the event of 1,471
his death, shall be paid from the employees' savings fund. Any 1,472
accumulated contributions forfeited by failure of a member, or 1,473
his A MEMBER'S estate, to claim the same, shall be transferred 1,475
from the employees' savings fund to the income fund. The 1,476
accumulated contributions of a contributor shall be transferred 1,477
from the employees' savings fund to the annuity and pension 1,478
reserve fund in the event of his THE CONTRIBUTOR'S retirement. 1,479
(B) The employers' accumulation fund is the fund in which 1,481
shall be accumulated the reserves for the payment of all pensions 1,482
and disability benefits payable as provided in this chapter. The 1,483
amounts paid by the state of Ohio and by any employer defined in 1,484
division (A) of UNDER section 145.01 145.48 of the Revised Code 1,486
because of the normal contributions and deficiency contributions 1,487
shall be credited to the employers' accumulation fund. 1,488
Any payments made into the employers' accumulation fund by 1,490
a member as provided in section 145.31 of the Revised Code shall 1,491
be refunded to such member under the conditions specified in 1,492
section 145.40 of the Revised Code. 1,493
Upon the retirement of a contributor, the full amount of 1,495
his THE CONTRIBUTOR'S pension reserve shall be transferred from 1,496
the employers' accumulation fund to the annuity and pension 1,498
reserve fund.
(C) The annuity and pension reserve fund is the fund from 1,500
which shall be paid all pensions, disability benefits, annuities, 1,501
and benefits in lieu thereof, because of which reserves have been 1,502
transferred from the employees' savings fund and the employers' 1,503
accumulation fund. 1,504
Any contributor may deposit in the employees' savings fund, 1,506
subject to rules established from time to time by the public 1,507
employees retirement board SYSTEM, such ADDITIONAL amounts as he 1,509
desires, and, at the time of age and service retirement, shall 1,511
receive in return therefor, at his THE CONTRIBUTOR'S option, 1,512
37
either an annuity having a reserve equal to the amount deposited 1,514
or a cash refund of such amounts together with such interest as 1,515
may have been allowed by the public employees retirement board at 1,516
the end of each calendar year. Such deposits for additional 1,517
annuity together with such interest as may have been allowed by 1,518
the public employees retirement board at the end of each calendar 1,519
year shall be refunded in the event of death prior to retirement 1,520
or withdrawal of accumulated contributions as provided in 1,521
sections 145.40 and 145.43 of the Revised Code or upon 1,522
application of the contributor prior to age and service 1,523
retirement.
FOR DEPOSITS RECEIVED IN A CALENDAR YEAR, INTEREST SHALL BE 1,526
EARNED BEGINNING ON THE FIRST DAY OF THE CALENDAR YEAR NEXT
FOLLOWING AND ENDING ON THE LAST DAY OF THAT YEAR, EXCEPT THAT IN 1,528
THE CASE OF A PAYMENT UNDER THIS DIVISION MADE PRIOR TO THE LAST 1,530
DAY OF A YEAR, INTEREST SHALL BE EARNED ENDING ON THE LAST DAY OF 1,531
THE MONTH PRIOR TO THE DATE OF PAYMENT. THE BOARD SHALL CREDIT 1,532
INTEREST AT THE END OF THE CALENDAR YEAR IN WHICH IT IS EARNED. 1,533
(D) The income fund is the fund from which interest is 1,535
transferred and credited on the amounts in the funds described in 1,536
divisions (B), (C), and (F) of this section, and is a contingent 1,537
fund from which the special requirements of the funds may be paid 1,538
by transfer from this fund. All income derived from the 1,539
investment of THE funds by the public employees retirement board 1,540
as trustee under section 145.11 of the Revised Code SYSTEM, 1,541
together with all gifts and bequests, or the income therefrom, 1,543
shall be paid into this fund. 1,544
Any deficit occurring in any other fund that will not be 1,546
covered by payments to that fund, as otherwise provided in 1,547
Chapter 145. of the Revised Code, shall be paid by transfers of 1,548
amounts from the income fund to such fund or funds. If the 1,549
amount in the income fund is insufficient at any time to meet the 1,550
amounts payable therefrom TO THE FUNDS DESCRIBED IN DIVISIONS (C) 1,552
AND (F) OF THIS SECTION, the amount of the deficiency, with 1,553
38
regular interest, shall be paid by an additional employer rate of 1,554
contributions as determined by the actuary, not to exceed 1,555
fourteen per cent, and the amount of the additional employer 1,556
contribution shall be credited to the income fund TRANSFERRED 1,557
FROM THE EMPLOYERS' ACCUMULATION FUND. 1,558
The public employees retirement board SYSTEM may accept 1,560
gifts and bequests. Any funds that may come into possession of 1,562
the public employees retirement board in this manner, or GIFTS OR 1,563
BEQUESTS, ANY FUNDS which may be transferred from the employees' 1,565
savings fund by reason of lack of a claimant, or any surplus in 1,566
any fund created by this section, or any other funds whose 1,567
disposition is not otherwise provided for, shall be credited to 1,568
the income fund.
(E) The expense fund is the fund from which shall be paid 1,570
the expenses of the administration of this chapter, exclusive of 1,571
amounts payable as retirement allowances and as other benefits. 1,572
(F) The survivors' benefit fund is the fund from which 1,574
shall be paid dependent survivor benefits provided by section 1,575
145.45 of the Revised Code. 1,576
(G) THE DEFINED CONTRIBUTION FUND IS THE FUND IN WHICH 1,579
SHALL BE ACCUMULATED THE CONTRIBUTIONS DEDUCTED FROM THE EARNABLE 1,580
SALARY OF MEMBERS PARTICIPATING IN A PLAN ESTABLISHED UNDER 1,581
SECTION 145.81 OF THE REVISED CODE, AS PROVIDED IN SECTION 145.85 1,583
OF THE REVISED CODE, TOGETHER WITH ANY EARNINGS AND EMPLOYER 1,585
CONTRIBUTIONS, AS PROVIDED IN SECTION 145.86 OF THE REVISED CODE, 1,586
CREDITED THEREON. THE DEFINED CONTRIBUTION FUND IS THE FUND FROM 1,587
WHICH SHALL BE PAID ALL BENEFITS PROVIDED UNDER A PLAN
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE. 1,588
Sec. 145.25. When reference is made in sections 145.01 to 1,597
145.57, inclusive, of the Revised Code THIS CHAPTER, to the 1,599
employees' savings fund, the employers' accumulation fund, the 1,601
annuity and pension reserve fund, the income fund, the survivors' 1,602
benefit fund, THE DEFINED CONTRIBUTION FUND, or the expense fund, 1,603
such reference is made to each as a separate legal entity. This 1,604
39
section does not prevent the deposit or investment of all such 1,605
moneys intermingled for such purpose but such funds shall be 1,606
separate and distinct legal entities for all other purposes.
Sec. 145.26. The treasurer of state shall be the custodian 1,615
of the funds of the public employees retirement system, and all 1,616
disbursements therefrom shall be paid by him THE TREASURER OF 1,617
STATE only upon instruments authorized by the public employees 1,619
retirement board and bearing the signatures of the board; 1,620
provided, that such instruments may bear the names of the board 1,621
members printed thereon and the signatures of the chairman 1,622
CHAIRPERSON, or of the vice-chairman VICE-CHAIRPERSON in case of 1,624
the absence or disability of the chairman CHAIRPERSON, and of the 1,626
executive director of the board. The signatures of the chairman 1,628
CHAIRPERSON and of the executive director may be affixed through 1,630
the use of a mechanical check-signing device.
The treasurer of state shall give a separate and additional 1,632
bond in such amount as is fixed by the governor and with sureties 1,633
selected by the board and approved by the governor, conditioned 1,634
for the faithful performance of the duties of the treasurer of 1,635
state as custodian of the funds of the system. Such bond shall 1,636
be deposited with the secretary of state and kept in his THE 1,637
office. The governor may require the treasurer of state to give 1,639
other and additional bonds, as the funds of the system increase, 1,640
in such amounts and at such times as may be fixed by the 1,641
governor, which additional bonds shall be conditioned, filed, and 1,642
obtained as is provided for the original bond of the treasurer of 1,643
state covering the funds of the system. The premium on all bonds 1,644
shall be paid by the board. 1,645
The treasurer of state shall deposit any portion of the 1,647
funds of the system not needed for immediate use in the same 1,648
manner as state funds are deposited, and subject to all laws with 1,649
respect to the deposit of state funds, by the treasurer of state, 1,650
and all interest earned by such portion of the retirement funds 1,651
as is deposited by the treasurer of state shall be collected by 1,652
40
him THE TREASURER OF STATE and placed to the credit of the board. 1,654
THE TREASURER OF STATE SHALL FURNISH ANNUALLY TO THE BOARD 1,656
A SWORN STATEMENT OF THE AMOUNT OF THE FUNDS IN THE TREASURER OF 1,657
STATE'S CUSTODY BELONGING TO THE SYSTEM. 1,658
Sec. 145.27. (A) The treasurer of state shall furnish 1,667
annually to the public employees retirement board a sworn 1,668
statement of the amount of the funds in the treasurer of state's 1,670
custody belonging to the public employees retirement system. 1,671
(B)(1) As used in this division, "personal history record" 1,673
means information maintained by the PUBLIC EMPLOYEES RETIREMENT 1,674
board on a member, former member, contributor, former 1,676
contributor, retirant, or beneficiary that includes the address, 1,677
telephone number, social security number, record of 1,678
contributions, correspondence with the PUBLIC EMPLOYEES
RETIREMENT system, or other information the board determines to 1,680
be confidential.
(2) The records of the board shall be open to public 1,682
inspection, except for the following, which shall be excluded, 1,683
except with the written authorization of the individual 1,684
concerned: 1,685
(a) The individual's statement of previous service and 1,687
other information as provided for in section 145.16 of the 1,688
Revised Code; 1,689
(b) The amount of a monthly allowance or benefit paid to 1,691
the individual; 1,692
(c) The individual's personal history record. 1,694
(C)(B) All medical reports and recommendations required by 1,696
sections 145.01 to 145.59 of the Revised Code THIS CHAPTER are 1,697
privileged, except that copies of such medical reports or 1,699
recommendations shall be made available to the personal 1,700
physician, attorney, or authorized agent of the individual 1,701
concerned upon written release from the individual or the 1,702
individual's agent, or when necessary for the proper 1,703
administration of the fund, to the board assigned physician. 1,704
41
(D)(C) Any person who is a member or contributor of the 1,706
system shall be furnished with a statement of the amount to the 1,707
credit of the individual's account upon written request. The 1,709
board is not required to answer more than one such request of a 1,710
person in any one year. The board may issue annual statements of 1,711
accounts to members and contributors. 1,712
(E)(D) Notwithstanding the exceptions to public inspection 1,714
in division (B)(A)(2) of this section, the board may furnish the 1,715
following information: 1,716
(1) If a member, former member, contributor, former 1,718
contributor, or retirant is subject to an order issued under 1,719
section 2907.15 of the Revised Code or is convicted of or pleads 1,720
guilty to a violation of section 2921.41 of the Revised Code, on 1,721
written request of a prosecutor as defined in section 2935.01 of 1,722
the Revised Code, the board shall furnish to the prosecutor the 1,723
information requested from the individual's personal history 1,724
record. 1,725
(2) Pursuant to a court or administrative order issued 1,727
under section 3111.23 or 3113.21 of the Revised Code, the board 1,728
shall furnish to a court or child support enforcement agency the 1,729
information required under that section. 1,730
(3) At the written request of any person, the board shall 1,732
provide to the person a list of the names and addresses of 1,733
members, former members, contributors, former contributors, 1,734
retirants, or beneficiaries. The costs of compiling, copying, 1,735
and mailing the list shall be paid by such person. 1,736
(4) Within fourteen days after receiving from the director 1,738
of job and family services a list of the names and social 1,739
security numbers of recipients of public assistance pursuant to 1,741
section 5101.181 of the Revised Code, the board shall inform the 1,742
auditor of state of the name, current or most recent employer 1,743
address, and social security number of each member whose name and 1,744
social security number are the same as that of a person whose 1,745
name or social security number was submitted by the director. 1,746
42
The board and its employees shall, except for purposes of 1,747
furnishing the auditor of state with information required by this 1,748
section, preserve the confidentiality of recipients of public 1,749
assistance in compliance with division (A) of section 5101.181 of 1,750
the Revised Code.
(F)(E) A statement that contains information obtained from 1,752
the system's records that is signed by the executive director of 1,753
the retirement system and to which the system's official seal is 1,754
affixed, or copies of the system's records to which the signature 1,755
and seal are attached, shall be received as true copies of the 1,756
system's records in any court or before any officer of this 1,757
state. 1,758
Sec. 145.29. Three years of contributing membership in the 1,767
public employees retirement system subsequent to the date that 1,768
membership is established entitles a member to receive prior 1,769
service credit for services prior to January 1, 1935, in any 1,770
capacity which comes under sections 145.01 to 145.58 of the 1,771
Revised Code THIS CHAPTER, provided that such member has not lost 1,772
membership at any time by the withdrawal of his THE MEMBER'S 1,774
accumulated contributions. Members who have withdrawn an 1,776
exemption shall receive the prior service credit provided for 1,777
under the conditions of this section, only in the event such 1,778
member has made the payments required by section 145.28 of the 1,779
Revised Code. If the public employees retirement board 1,780
determines that a position of any employee member in any one 1,781
calendar year prior to January 1, 1935, was a part-time position, 1,782
the board may determine what fractional part of a year's credit 1,783
shall be given. In determining what credit shall be allowed to 1,784
regular, full-time employees who are paid on an hourly or per 1,785
diem basis, the board shall allow a full day's credit to any 1,786
employee toward retirement who is called to work and works any 1,787
portion of a day. Credit for service between January 1, 1935, 1,788
and the date he became OF BECOMING a member except a part-time 1,790
employee who claimed exemption under the provisions of section 1,791
43
145.03 of the Revised Code, may be secured by any public employee 1,792
for service rendered an employer provided such public employee 1,793
pays into the employees' savings fund an amount equal to the 1,794
amount he THE MEMBER would have paid if deductions had been taken 1,795
on his THE MEMBER'S earnable salary at the member contribution 1,796
rate in effect at the time of such payment for service after 1,797
January 1, 1935, or since his THE MEMBER'S date of employment, 1,798
plus interest on such amount compounded annually at a rate to be 1,800
determined by the board. The member may choose to purchase only 1,801
part of such credit in any one payment, subject to board rules. 1,802
Such payment shall be refunded in the event of the death or 1,803
withdrawal from service of the member prior to retirement under 1,804
the same conditions and in the same manner as refunds are made 1,805
under sections 145.40 and 145.43 of the Revised Code, from the 1,806
employees' savings fund.
Sec. 145.291. Any member of the public employees 1,816
retirement system who subsequent to January 1, 1935, and the date 1,817
membership was established was off the payroll either on a leave 1,818
of absence approved by the then appointing authority or because
the member resigned due to pregnancy OR ADOPTION OF A CHILD, 1,819
shall have the right to make such payment, at the contribution 1,821
rate in effect at the time of payment, with interest on such 1,822
amount compounded annually at a rate to be determined by the 1,823
retirement board as the member would have made if the member had 1,825
continued on the payroll at the earnable salary the member was 1,826
receiving at the time public service was interrupted, provided 1,827
that subsequent to such leave of absence OR RESIGNATION the 1,828
member returned to regular contributing status in the retirement 1,830
system for at least twelve calendar months. In the case of 1,832
resignation, the member must submit evidence satisfactory to the 1,833
retirement board documenting that the resignation was due to
pregnancy OR ADOPTION OF A CHILD. 1,834
The member may choose to purchase only part of the credit 1,837
in any one payment, subject to board rules. The payment shall 1,838
44
entitle the member to receive service credit for the leave or
period of absence, except that service credit purchased under 1,839
this section shall not exceed one year. The payment, together 1,840
with any regular interest, shall, in the event of death or 1,842
withdrawal from service of the member prior to retirement, be 1,843
considered as accumulated contributions of the member. 1,844
Sec. 145.297. (A) As used in this section, "employing 1,853
unit" means: 1,854
(1) A municipal corporation, agency of a municipal 1,856
corporation designated by the legislative authority, park 1,857
district, conservancy district, sanitary district, health 1,858
district, township, metropolitan housing authority, public 1,859
library, county law library, union cemetery, joint hospital, or 1,860
other political subdivision or unit of local government. 1,861
(2) With respect to state employees, any entity of the 1,863
state including any department, agency, institution of higher 1,864
education, board, bureau, commission, council, office, or 1,865
administrative body or any part of such entity that is designated 1,866
by the entity as an employing unit. 1,867
(3)(a) With respect to employees of a board board of 1,869
alcohol, drug addiction, and mental health services, that board. 1,870
(b) With respect to employees of a county board of mental 1,872
retardation and developmental disabilities, that board. 1,873
(c) With respect to other county employees, the county or 1,875
any county agency designated by the board of county 1,876
commissioners. 1,877
(4) In the case of an employee whose employing unit is in 1,879
question, the employing unit is the unit through whose payroll 1,880
the employee is paid. 1,881
(B) An employing unit may establish a retirement incentive 1,883
plan for its eligible employees. In the case of a county or 1,884
county agency, decisions on whether to establish a retirement 1,885
incentive plan for any employees other than employees of a board 1,886
of alcohol, drug addiction, and mental health services or county 1,887
45
board of mental retardation and developmental disabilities and on 1,888
the terms of the plan shall be made by the board of county 1,889
commissioners. In the case of a municipal corporation or an 1,890
agency of a municipal corporation, decisions on whether to 1,891
establish a retirement incentive plan and on the terms of the 1,892
plan shall be made by the legislative authority. 1,893
All terms of a retirement incentive plan shall be in 1,895
writing. 1,896
A retirement incentive plan shall provide for purchase by 1,898
the employing unit of service credit for eligible employees who 1,899
elect to participate in the plan and for payment by the employing 1,900
unit of the entire cost of the service credit purchased. 1,901
Every retirement incentive plan shall remain in effect for 1,903
at least one year. The employing unit shall give employees at 1,904
least thirty days' notice before terminating the plan. 1,905
Every retirement incentive plan shall include provisions 1,907
for the timely and impartial resolution of grievances and 1,908
disputes arising under the plan. 1,909
No employing unit shall have more than one retirement 1,911
incentive plan in effect at any time. 1,912
(C) Any classified or unclassified employee of the 1,914
employing unit who is a member of the public employees retirement 1,915
system shall be eligible to participate in the retirement 1,916
incentive plan established by his THE EMPLOYEE'S employing unit 1,917
if he THE EMPLOYEE meets the following criteria: 1,919
(1) The employee is not any of the following: 1,921
(a) An elected official; 1,923
(b) A member of a board or commission; 1,925
(c) A person elected to serve a term of fixed length; 1,927
(d) A person appointed to serve a term of fixed length, 1,929
other than a person appointed and employed by his THE PERSON'S 1,930
employing unit. 1,931
(2) The employee is or will be eligible to retire under 1,933
section 145.32, 145.34, 145.37, or division (A) of section 145.33 1,934
46
of the Revised Code on or before the date of termination of the 1,935
retirement incentive plan. Service credit to be purchased for 1,936
the employee under the retirement incentive plan shall be 1,937
included in making such determination. 1,938
(3) The employee agrees to retire under section 145.32, 1,940
145.34, 145.37, or division (A) of section 145.33 of the Revised 1,941
Code within ninety days after receiving notice from the public 1,942
employees retirement system that service credit has been 1,943
purchased for him THE EMPLOYEE under this section. 1,944
Participation in the plan shall be available to all 1,946
eligible employees except that the employing unit may limit the 1,947
number of participants in the plan to a specified percentage of 1,948
its employees who are members of the public employees retirement 1,949
system on the date the plan goes into effect. The percentage 1,950
shall not be less than five per cent of such employees. If 1,951
participation is limited, employees with more total service 1,952
credit have the right to elect to participate before employees 1,953
with less total service credit. In the case of employees with 1,954
the same total service credit, employees with a greater length of 1,955
service with the employing unit have the right to elect to 1,956
participate before employees with less service with the employing 1,957
unit. Employees with less than eighteen months of service with 1,958
the employing unit have the right to elect to participate only 1,959
after all other eligible employees have been given the 1,960
opportunity to elect to participate. For the purpose of 1,961
determining which employees may participate in a plan, total 1,962
service credit includes service credit purchased by the employee 1,963
under this chapter after the date on which the plan is 1,964
established. 1,965
A retirement incentive plan that limits participation may 1,967
provide that an employee who does not notify the employing unit 1,968
of his THE EMPLOYEE'S decision to participate in the plan within 1,969
a specified period of time will lose priority to participate in 1,971
the plan ahead of other employees with less seniority. The time 1,972
47
given to an employee to elect to participate ahead of other 1,973
employees shall not be less than thirty days after he THE 1,974
EMPLOYEE receives written notice that he THE EMPLOYEE may 1,976
participate in the plan.
(D) A retirement incentive plan shall provide for purchase 1,978
of the same amount of service credit for each participating 1,979
employee, except that the employer may not purchase more service 1,980
credit for any employee than the lesser of the following: 1,981
(1) Five years of service credit; 1,983
(2) An amount of service credit equal to one-fifth of the 1,985
total service credited to the participant under sections 145.01 1,986
to 145.58 of the Revised Code THIS CHAPTER, exclusive of service 1,987
credit purchased under this section. 1,989
For each year of service credit purchased under this 1,991
section, the employing unit shall pay an amount equal to the 1,992
additional liability resulting from the purchase of that year of 1,993
service credit, as determined by an actuary employed by the 1,994
public employees retirement board. 1,995
(E) Upon the election by an eligible employee to 1,997
participate in the retirement incentive plan, the employee and 1,998
the employing unit shall agree upon a date for payment or 1,999
contracting for payment in installments to the public employees 2,000
retirement system of the cost of the service credit to be 2,001
purchased. The employing unit shall submit to the public 2,002
employees retirement system a written request for a determination 2,003
of the cost of the service credit, and within forty-five days 2,004
after receiving the request, the board shall give the employing 2,005
unit written notice of the cost. 2,006
The employing unit shall pay or contract to pay in 2,008
installments the cost of the service credit to be purchased to 2,009
the public employees retirement system on the date agreed to by 2,010
the employee and the employing unit. The payment shall be made 2,011
in accordance with rules adopted by the public employees 2,012
retirement board. The rules may provide for payment in 2,013
48
installments and for crediting the purchased credit to the 2,014
employee's account upon the employer's contracting to pay the 2,015
cost in installments. The board shall notify the member when he 2,016
THE MEMBER is credited with service purchased under this section. 2,018
If the employee does not retire within ninety days after 2,019
receiving notice that he THE EMPLOYEE has been credited with the 2,020
purchased service credit, the system shall refund to the 2,022
employing unit the amount paid for the service credit. 2,023
No payment made to the public employees retirement system 2,025
under this section shall affect any payment required by section 2,026
145.48 of the Revised Code. 2,027
Sec. 145.322. (A) On and after July 1, 1968, all 2,036
allowances, pensions, or other benefits, which are payable or 2,037
become payable and for which eligibility is established prior to 2,038
July 1, 1968, pursuant to the provisions of sections 145.33, 2,039
145.34, 145.36, 145.37, 145.45, and 145.46 of the Revised Code, 2,040
shall be increased by the percentages as determined by the 2,041
effective date of the allowance, pension, or benefit, as follows: 2,042
Effective Date of Benefit 2,044
Calendar Year Percentage of Increase 2,045
1937 through 1955 24.3 2,047
1956 22.5 2,048
1957 18.4 2,049
1958 15.2 2,050
1959 14.3 2,051
1960 12.5 2,052
1961 11.3 2,053
1962 10.1 2,054
1963 8.7 2,055
1964 7.3 2,056
1965 5.6 2,057
1966 2.6 2,058
1967 2.0 2,059
49
January 1, 1968 through 2,060
June 30, 1968 2.0
(B)(1) All increases determined by applying the 2,063
percentages in the table in division (A) of this section shall be 2,064
reduced by the dollar amount of the increases granted in 1965 2,065
pursuant to divisions (D), (E), and (F) of section 145.321 of the 2,066
Revised Code, except that no allowance, pension, or benefit shall 2,067
be reduced below the amount due on June 30, 1968, and no 2,068
allowance granted under this section shall be less than a total 2,069
annual sum of thirty-six dollars. 2,070
(2) The allowances increased by division (A) of this 2,072
section shall exclude any monthly amount payable by reason of any 2,073
voluntary deposits made under section 145.201 and division (C) of 2,074
section 145.23 of the Revised Code. 2,075
(3) The increases provided by this section shall be 2,077
granted notwithstanding the final average salary limitation in 2,078
sections 145.33 and 145.36 of the Revised Code. 2,079
(4) The cost of the increases provided by this section 2,081
shall be included in the employer's contribution rate provided by 2,082
sections SECTION 145.48, 145.49, and 145.50 of the Revised Code. 2,084
Such employer's contribution rate shall not be increased until 2,085
July 1, 1969, or later to reflect the increased costs created by 2,086
this section. 2,087
Sec. 145.325. (A) Except as otherwise provided in 2,096
division (B) of this section, the board of the public employees 2,097
retirement system shall make available to each retirant or 2,098
disability benefit recipient receiving a monthly allowance or 2,099
benefit on or after January 1, 1968, who has attained the age of 2,100
sixty-five years, and who is not eligible to receive hospital 2,101
insurance benefits under the federal old age, survivors, and 2,102
disability insurance program, hospital insurance coverage 2,103
substantially equivalent to the federal hospital insurance 2,104
benefits, Social Security Amendments of 1965, 79 Stat. 291, 42 2,105
U.S.C.A. 1395c, as amended. This coverage shall also be made 2,106
50
available to the spouse, widow, or widower of such retirant or 2,107
disability benefit recipient provided such spouse, widow, or 2,108
widower has attained age sixty-five and is not eligible to 2,109
receive hospital insurance benefits under the federal old age, 2,110
survivors, and disability insurance program. The widow or 2,111
widower of a retirant or disability benefit recipient shall be 2,112
eligible for such coverage only if he or she is the recipient of 2,113
a monthly allowance or benefit from this system. One-half of the 2,114
cost of the premium for the spouse shall be paid from the 2,115
appropriate funds of the public employees retirement system and 2,116
one-half by the recipient of the allowance or benefit. 2,117
The cost of such coverage, paid from the funds of the 2,119
system, shall be included in the employer's rate provided by 2,120
sections SECTION 145.48, 145.49, and 145.50 of the Revised Code. 2,122
The retirement board is authorized to make all necessary rules 2,123
pursuant to the purpose and intent of this section, and shall 2,124
contract for such coverage as provided in section 145.58 of the 2,125
Revised Code. 2,126
(B) The board need not make the hospital insurance 2,128
coverage described in division (A) of this section available to 2,129
any person for whom it is prohibited by section 145.58 of the 2,130
Revised Code from paying or reimbursing the premium cost of such 2,131
insurance. 2,132
Sec. 145.3213. (A) AS USED IN THIS SECTION, "BENEFIT" 2,134
MEANS AN ANNUAL ALLOWANCE, PENSION, OR BENEFIT PAID PURSUANT TO 2,135
SECTION 145.33, 145.34, 145.36, 145.37, 145.45, OR 145.46 OF THE 2,136
REVISED CODE, AND INCLUDES ANY AMOUNTS PAID PURSUANT TO SECTIONS 2,138
145.323 AND 145.332 OF THE REVISED CODE. "BENEFIT" DOES NOT 2,139
INCLUDE ANY AMOUNTS PAYABLE BY REASON OF DEPOSITS TO THE 2,140
EMPLOYEES' SAVINGS FUND PURSUANT TO SECTION 145.23 OF THE REVISED 2,141
CODE. 2,142
(B) THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL INCREASE 2,144
THE BENEFIT PAYABLE TO EACH INDIVIDUAL ELIGIBLE TO RECEIVE A 2,145
BENEFIT THAT BECAME EFFECTIVE ON OR BEFORE DECEMBER 31, 1979. 2,146
51
THE INCREASE SHALL BE EFFECTIVE ON THE FIRST DAY OF THE MONTH 2,147
FOLLOWING THE EFFECTIVE DATE OF THIS SECTION AND BE AN AMOUNT 2,148
DETERMINED BY MULTIPLYING THE BENEFIT FOR WHICH THE INDIVIDUAL 2,150
WAS ELIGIBLE ON THE LAST DAY OF THE MONTH IN WHICH THIS SECTION 2,151
TAKES EFFECT BY THE FOLLOWING PERCENTAGES AS DETERMINED BY THE 2,153
CALENDAR YEAR IN WHICH THE BENEFIT BECAME EFFECTIVE: 2,154
CALENDAR YEAR EFFECTIVE PERCENTAGE OF INCREASE 2,157
1955 AND EARLIER 25.0 2,159
1956 28.3 2,161
1957 38.4 2,163
1958 23.2 2,165
1959 27.1 2,167
1960 28.2 2,169
1961 24.6 2,171
1962 27.9 2,173
1963 26.6 2,175
1964 30.1 2,177
1965 23.5 2,179
1966 25.5 2,181
1967 28.7 2,183
1968 21.9 2,185
1969 23.9 2,187
1970 21.5 2,189
1971 22.2 2,191
1972 22.4 2,193
1973 21.3 2,195
1974 21.1 2,197
1975 20.7 2,199
1976 20.6 2,201
1977 20.5 2,203
1978 13.5 2,205
1979 4.0 2,207
(C) AN INCREASE MADE PURSUANT TO THIS SECTION SHALL BE 2,210
INCLUDED IN THE CALCULATION OF ADDITIONAL BENEFITS UNDER SECTION 2,211
52
145.323 OF THE REVISED CODE. 2,212
Sec. 145.33. (A) Except as provided in division (B) of 2,221
this section, a member with at least five years of total service 2,222
credit who has attained age sixty, or who has thirty years of 2,224
total Ohio service credit, may apply for age and service
retirement, which shall consist of: 2,225
(1) An annuity having a reserve equal to the amount of the 2,227
member's accumulated contributions at that time; 2,228
(2) A pension equal to the annuity provided by division 2,230
(A)(1) of this section; 2,231
(3) An additional pension, if the member can qualify for 2,233
prior service, equal to forty dollars multiplied by the number of 2,234
years, and fraction thereof, of such prior and military service 2,235
credit; 2,236
(4) A basic annual pension equal to one hundred eighty 2,238
dollars if the member has ten or more years of total service 2,239
credit as of October 1, 1956, except that the basic annual 2,240
pension shall not exceed the sum of the annual benefits provided 2,241
by divisions (A)(1), (2), and (3) of this section. The cost of 2,242
the basic annual pension shall be included in the deficiency 2,243
contribution provided by sections 145.48 and 145.50 of the 2,244
Revised Code. 2,245
(5) When a member retires on age and service retirement, 2,247
the member's total annual single lifetime allowance, including 2,249
the allowances provided in divisions (A)(1), (2), (3), and (4) of 2,250
this section, shall be not less than a base amount adjusted in 2,251
accordance with division (A)(5) of this section and determined by 2,253
multiplying the member's total service credit by the greater of 2,254
the following:
(a) Eighty-six dollars; 2,256
(b) Two and one-tenth TWO-TENTHS per cent of the member's 2,258
final average salary for each of the first thirty years of 2,260
service plus two and one-half per cent of the member's final 2,261
average salary for each subsequent year of service. 2,262
53
The allowance shall be adjusted by the factors of attained 2,264
age or years of service to provide the greater amount as 2,265
determined by the following schedule: 2,266
Years of Percentage 2,268
Attained or Total Service of 2,269
Birthday Credit Base Amount 2,270
58 25 75 2,272
59 26 80 2,273
60 27 85 2,274
61 88 2,275
28 90 2,276
62 91 2,277
63 94 2,278
29 95 2,279
64 97 2,280
65 30 or more 100 2,281
Members shall vest the right to a benefit in accordance 2,284
with the following schedule, based on the member's attained age 2,285
by September 1, 1976: 2,286
Percentage 2,288
Attained of 2,289
Birthday Base Amount 2,290
66 102 2,291
67 104 2,292
68 106 2,293
69 108 2,294
70 or more 110 2,295
(6) The total annual single lifetime allowance that a 2,298
member shall receive under division (A)(5) of this section shall 2,299
not exceed the lesser of one hundred per cent of the member's 2,301
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. 2,302
415, as amended. 2,303
(B)(1) A member who has at least twenty-five years of 2,305
54
total service credit, including credit for military service under 2,306
division (C)(2) of this section, while serving as a law 2,308
enforcement officer and who has attained age fifty-two may apply 2,309
for an age and service retirement benefit, which shall consist of 2,311
an annual single lifetime allowance equal to the sum of two and 2,312
one-half per cent of the member's final average salary multiplied 2,313
by the first twenty-FIVE years of the member's total service plus 2,314
two and one-tenth per cent of the member's final average salary 2,315
multiplied by the number of years of the member's total service 2,316
credit in excess of twenty-FIVE years, except that no allowance 2,317
shall exceed the lesser of ninety per cent of the member's final 2,319
average salary or the limit established by section 415 of the 2,320
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 2,321
as amended.
(2) A member who has at least fifteen years of total 2,323
service credit, including credit for military service under 2,324
division (C)(2) of this section, while serving as a law 2,326
enforcement officer and has attained sixty-two years of age may
apply for an age and service retirement benefit, which shall 2,327
consist of an annual single lifetime allowance computed as 2,328
provided in division (B)(1) of this section. The benefit shall 2,329
not exceed the limit established by section 415 of the "Internal 2,330
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 2,331
amended. 2,332
(3) A member with at least fifteen years of total service 2,334
credit, including credit for military service under division 2,335
(C)(2) of this section, while serving as a law enforcement 2,336
officer who voluntarily resigns or is discharged for any reason 2,338
except death, dishonesty, cowardice, intemperate habits, or 2,339
conviction of a felony may apply for an age and service 2,340
retirement benefit, which shall consist of an annual single 2,341
lifetime allowance equal to one and one-half per cent of the 2,342
member's final average salary multiplied by the number of years 2,343
of the member's total service credit. The benefit shall not 2,344
55
exceed the limit established by section 415 of the "Internal 2,345
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 2,346
amended. The allowance shall commence on the first day of the 2,347
calendar month following the month in which the application is 2,348
filed with the public employees retirement board on or after the 2,349
attainment by the applicant of age fifty-two. 2,350
(4) A member who has at least twenty-five years of total 2,352
service credit, including credit for military service under 2,353
division (C)(2) of this section, while serving as a law 2,354
enforcement officer who voluntarily resigns or is discharged for 2,355
any reason except death, dishonesty, cowardice, intemperate 2,357
habits, or conviction of a felony, on or after the date of 2,358
attaining forty-eight years of age, but before the date of 2,359
attaining fifty-two years of age, may elect to receive a reduced 2,360
benefit as determined by the following schedule: 2,361
Attained Age Reduced Benefit 2,363
48 75% of the benefit payable under 2,365
division (B)(1) of this section 2,366
49 80% of the benefit payable under 2,367
division (B)(1) of this section 2,368
50 86% of the benefit payable under 2,369
division (B)(1) of this section 2,370
51 93% of the benefit payable under 2,371
division (B)(1) of this section 2,372
A member who has at least twenty-five years of law 2,375
enforcement service credit, upon attaining forty-eight, 2,376
forty-nine, fifty, or fifty-one years of age, may elect to retire 2,377
and receive a reduced benefit determined by the above schedule. 2,378
If a member elects to receive a reduced benefit on or after 2,380
the date of attaining forty-eight years of age, but before the 2,382
date of attaining forty-nine years of age, the reduced benefit is 2,383
payable from the date the member attained forty-eight years of 2,384
age or from the date the member becomes eligible to receive the
reduced benefit, whichever is later. If a member elects to 2,385
56
receive a reduced benefit on or after the date of attaining 2,386
forty-nine years of age, but before the date of attaining fifty 2,388
years of age, the reduced benefit is payable from the date the 2,389
member attained forty-nine years of age or from the date the 2,390
member becomes eligible to receive the reduced benefit, whichever 2,391
is later. If a member elects to receive a reduced benefit on or 2,392
after the date of attaining fifty years of age, but before the 2,393
date of attaining fifty-one years of age, the reduced benefit is 2,394
payable from the date the member attained fifty years of age or 2,395
from the date the member becomes eligible to receive the reduced 2,396
benefit, whichever is later. If a member elects to receive a 2,397
reduced benefit on or after the date of attaining fifty-one years 2,398
of age, but before the date of attaining fifty-two years of age, 2,400
the reduced benefit is payable from the date the member attained 2,401
fifty-one years of age or from the date the member becomes 2,402
eligible to receive the reduced benefit, whichever is later. 2,403
Once a member elects to receive a reduced benefit 2,405
determined by the above schedule and has received a payment, the 2,406
member may not reelect to change that election. 2,407
If a member who has resigned or been discharged has left on 2,409
deposit the member's accumulated contributions in the employees' 2,410
savings fund and has not elected to receive a reduced benefit 2,411
determined by the above schedule, upon attaining fifty-two years 2,413
of age, the member shall be entitled to receive a benefit 2,414
computed and paid under division (B)(1) of this section.
(C)(1) A member with service credit as a law enforcement 2,416
officer and other service credit under this chapter may elect one 2,418
of the following: 2,419
(a) To have all the member's service credit under this 2,421
chapter, including credit for service as a law enforcement 2,423
officer, used in calculating a retirement allowance under 2,424
division (A) of this section if the member qualifies for an 2,425
allowance under that division; 2,426
(b) If the member qualifies for an allowance under 2,428
57
division (B) of this section, to have the member's service credit 2,429
as a law enforcement officer used in calculating a benefit under 2,430
that division and the member's credit for all service other than 2,431
law enforcement service under this chapter used in calculating a 2,432
benefit consisting of a single life annuity having a reserve 2,433
equal to the amount of the member's accumulated contributions and 2,434
an equal amount of the employer's contributions. 2,435
(2) Notwithstanding sections 145.01 and 145.30 of the 2,437
Revised Code, no more than four years of military service credit 2,438
granted under section 145.30 of the Revised Code and five years 2,439
of military service credit purchased under section 145.301 or 2,440
145.302 of the Revised Code shall be used in calculating service 2,441
as a law enforcement officer or the total service credit of that 2,442
person.
(3) Only credit for the member's service as a law 2,444
enforcement officer or service credit obtained as a police 2,445
officer or state highway patrol trooper shall be used in 2,446
computing the benefits under division (B) of this section for the 2,447
following:
(a) Any person who originally is commissioned and employed 2,449
as a deputy sheriff by the sheriff of any county, or who 2,450
originally is elected sheriff, on or after January 1, 1975; 2,451
(b) Any deputy sheriff who originally is employed as a 2,453
criminal bailiff or court constable on or after April 16, 1993; 2,454
(c) Any person who originally is appointed as a township 2,456
constable or police officer in a township police department or 2,457
district on or after January 1, 1981; 2,458
(d) Any person who originally is employed as a county 2,460
narcotics agent on or after September 26, 1984; 2,461
(e) Any person who originally is employed as an undercover 2,463
drug agent as defined in section 109.79 of the Revised Code, 2,464
department of public safety enforcement agent who prior to the 2,465
effective date of this amendment JUNE 30, 1999, was a liquor 2,467
control investigator, park officer, forest officer, wildlife 2,469
58
officer, state watercraft officer, park district police officer, 2,471
conservancy district officer, Ohio veterans' home police officer, 2,472
special police officer for a mental health institution, special 2,473
police officer for an institution for the mentally retarded and 2,475
developmentally disabled, or municipal police officer on or after 2,476
December 15, 1988;
(f) Any person who originally is employed as a state 2,478
university law enforcement officer on or after November 6, 1996; 2,481
(g) Any person who originally is employed as a Hamilton 2,483
county municipal court bailiff on or after November 6, 1996; 2,485
(h) Any person who is originally employed as a state 2,487
university law enforcement officer by the university of Akron on 2,488
or after September 16, 1998; 2,489
(i) Any person who originally is employed as a preserve 2,491
officer on or after March 18, 1999; 2,493
(j) Any person who originally is employed as a natural 2,495
resources law enforcement staff officer on or after March 18, 2,496
1999; 2,497
(k) Any person who is originally employed as a department 2,499
of public safety enforcement agent on or after the effective date 2,500
of this amendment JUNE 30, 1999. 2,501
(D) Retirement allowances determined under this section 2,503
shall be paid as provided in section 145.46 of the Revised Code. 2,504
(E) For the purposes of this section, service prior to the 2,506
effective date of this amendment JUNE 30, 1999, as a food stamp 2,508
trafficking agent under former section 5502.14 of the Revised 2,509
Code shall be considered service as a law enforcement officer. 2,511
Sec. 145.331. (A) A recipient of a disability allowance 2,520
under section 145.361 of the Revised Code who is subject to 2,521
division (C)(3) of that section may make application for age and 2,522
service retirement under this section. Retirement shall be 2,523
effective on the first day of the first month following the last 2,524
day for which the disability allowance is paid. 2,525
(B) The annual allowance payable under this section shall 2,527
59
consist of the sum of the amounts determined under divisions 2,528
(B)(1) and (2) of this section: 2,529
(1) The greater of the following: 2,531
(a) An allowance calculated as provided in section 145.33 2,533
or 145.34 of the Revised Code, excluding any period during which 2,534
the applicant received a disability benefit under section 145.361 2,535
of the Revised Code; 2,536
(b) An allowance calculated by multiplying the applicant's 2,538
total service credit, including service credit for the last 2,539
continuous period during which he THE APPLICANT received a 2,540
disability benefit under section 145.361 of the Revised Code, by 2,542
two and one-tenth TWO-TENTHS per cent of his THE APPLICANT'S 2,543
final average salary, except that the allowance shall not exceed 2,546
forty-five per cent of the applicant's final average salary. 2,547
(2) An amount equal to the additional allowance the 2,549
recipient would receive under section 145.323 of the Revised 2,550
Code, plus any other additional amount he THE RECIPIENT would 2,551
receive under this chapter, had he THE RECIPIENT retired under 2,553
section 145.33 or 145.34 of the Revised Code effective on the 2,555
effective date of his THE RECIPIENT'S most recent continuous 2,557
period of receipt of a disability benefit under section 145.361 2,558
of the Revised Code.
(C) The allowance calculated under division (B) of this 2,560
section, exclusive of any amount added under division (B)(2) of 2,561
this section based on section 145.323 of the Revised Code, shall 2,562
be the base for all future additional allowances under section 2,563
145.323 of the Revised Code. 2,564
The anniversary date for future additional allowances under 2,566
section 145.323 of the Revised Code shall be the effective date 2,567
of the recipient's most recent continuous period of receipt of a 2,568
disability benefit under section 145.361 of the Revised Code. 2,569
(D) The retirement allowance determined under this section 2,571
shall be paid as provided in section 145.46 of the Revised Code. 2,572
Sec. 145.332. (A) AS USED IN THIS SECTION, "BENEFIT" 2,575
60
MEANS AN ALLOWANCE, PENSION, OR BENEFIT RECEIVED UNDER SECTION 2,576
145.33, 145.331, 145.34, 145.36, 145.361, 145.37, 145.45, OR
145.46 OF THE REVISED CODE. "BENEFIT" DOES NOT INCLUDE ANY 2,578
AMOUNTS PAYABLE BY REASON OF DEPOSITS TO THE EMPLOYEES' SAVINGS 2,579
FUND PURSUANT TO SECTION 145.23 OF THE REVISED CODE. 2,580
(B) THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL 2,582
RECALCULATE EACH BENEFIT DETERMINED PRIOR TO THE EFFECTIVE DATE 2,583
OF THIS SECTION. THE RECALCULATED BENEFIT IS PAYABLE ON THE 2,584
FIRST DAY OF THE MONTH FOLLOWING THE EFFECTIVE DATE OF THIS 2,585
SECTION. THE RECALCULATION SHALL BE MADE AS FOLLOWS: 2,586
(1) RECALCULATE, PURSUANT TO SECTION 145.33, 145.331, 2,588
145.36, 146.361, OR 145.45 OF THE REVISED CODE AS IN EFFECT ON 2,589
THE EFFECTIVE DATE OF THIS SECTION, THE BENEFIT INITIALLY 2,592
GRANTED;
(2) RECALCULATE, USING THE BENEFIT AMOUNT DETERMINED UNDER 2,594
DIVISION (B)(1) OF THIS SECTION, ANY INCREASE IN THE BENEFIT 2,596
AMOUNT THAT WAS AUTHORIZED UNDER THIS CHAPTER OF THE REVISED CODE 2,598
AND GRANTED BEFORE THE EFFECTIVE DATE OF THIS SECTION; 2,599
(3) THE SUM OF THE AMOUNTS DETERMINED UNDER DIVISIONS 2,602
(B)(1) AND (2) OF THIS SECTION IS THE RECALCULATED BENEFIT. 2,603
(C) IF THE RECALCULATED BENEFIT IS LESS THAN THE AMOUNT 2,606
PAYABLE PRIOR TO THE RECALCULATION, THE RETIREMENT SYSTEM SHALL
CONTINUE TO PAY THE GREATER BENEFIT. 2,608
(D) ANY INCREASE RESULTING FROM PAYMENT OF A RECALCULATED 2,610
BENEFIT SHALL BE INCLUDED IN THE CALCULATION OF ADDITIONAL 2,611
BENEFITS UNDER SECTIONS 145.323 AND 145.3213 OF THE REVISED CODE. 2,612
Sec. 145.34. Any member who has completed twenty-five 2,621
years of total service and has attained his THE MEMBER'S 2,622
fifty-fifth birthday, may retire on a commuted age and service 2,624
allowance. Upon retirement on a commuted age and service 2,625
allowance on or after September 30, 1963, a member shall be 2,626
granted a retirement allowance consisting of: 2,627
(A) An annuity having a reserve equal to the amount of the 2,629
member's accumulated contributions at that time; 2,630
61
(B) A pension equal to the annuity provided by division 2,632
(A) of this section; 2,633
(C) An additional pension, if such member can qualify for 2,635
prior service credit, the reserve for which, based upon regular 2,636
interest and the service tables approved by the board, shall be 2,637
the present worth of the reserve required for the payment of the 2,638
prior service pension provided by section 145.33 of the Revised 2,639
Code, after either sixty years of age or thirty years of service 2,640
credit, whichever can be attained first. The annual prior 2,641
service pension shall be determined by the amount of such 2,642
commuted reserve divided by the age and service annuity rate for 2,643
the attained age at retirement. 2,644
(D) The commuted value calculated as provided in division 2,646
(C) of this section of a basic annual pension of one hundred 2,647
eighty dollars, provided the member has ten or more years of 2,648
total service credit as of October 1, 1956. The cost of the 2,649
basic annual pension shall be included in the deficiency 2,650
contribution. 2,651
(E) When a member retires on commuted age and service 2,653
retirement, his THE MEMBER'S single lifetime allowance shall not 2,654
be less than that provided by divisions (A), (B), (C), and (D) of 2,656
this section and division (A)(5) of section 145.33 of the Revised 2,657
Code and shall not exceed the limits established by division 2,658
(A)(6) of that section. 2,659
A year of service for the purpose of commuted age and 2,661
service retirement and of applying the minimum retirement 2,662
allowance as provided in this section is defined as a complete 2,663
year of full-time employment, or the equivalent thereof. The 2,664
board is the final authority in determining the eligibility of an 2,665
employee for such form of retirement and for such minimum 2,666
allowance. 2,667
In determining eligibility only for retirement under this 2,669
section the board shall include in "total service" the years of 2,670
prior service credit granted members of the public employees 2,671
62
retirement system by a publicly owned utility as provided for in 2,672
section 145.48 of the Revised Code under a pension plan adopted 2,673
by the publicly owned utility. 2,674
(F) Retirement allowances determined under this section 2,676
shall be paid as provided in section 145.46 of the Revised Code. 2,677
Sec. 145.36. A member who has elected disability coverage 2,686
under this section, has not attained age sixty, and is determined 2,687
by the public employees retirement board under section 145.35 of 2,688
the Revised Code to qualify for a disability benefit shall be 2,689
retired on disability under this section. 2,690
Upon disability retirement, a member shall receive an 2,692
annual amount that shall consist of: 2,693
(A) An annuity having a reserve equal to the amount of the 2,695
retirant's accumulated contributions; 2,696
(B) A pension that shall be the difference between his THE 2,698
MEMBER'S annuity and an annual amount determined by multiplying 2,700
the total service credit of the retirant, and in addition thereto 2,701
the projected number of years and fractions thereof between the 2,702
effective date of his THE MEMBER'S disability retirement and 2,703
attained age sixty, assuming continuous service, by eighty-six 2,705
dollars or two and one-tenth TWO-TENTHS per cent of his THE 2,706
MEMBER'S final average salary, whichever is greater. 2,709
Where the recipient is not receiving a disability benefit 2,711
under section 145.37 of the Revised Code and is receiving a 2,712
disability benefit from either the state teachers retirement 2,713
system or the school employees retirement system, the recipient 2,714
shall not be eligible for service credit based upon the number of 2,715
years and fractions thereof between the date of disability and 2,716
attained age sixty as provided for in this division. 2,717
In no case shall disability retirement be less than thirty 2,719
per cent or more than seventy-five per cent of the member's final 2,720
average salary, except that it shall not exceed any limit to 2,721
which the retirement system is subject under section 415 of the 2,722
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 2,723
63
as amended. 2,724
A year of service for the purpose of disability retirement 2,726
is a complete year of full-time employment, or the equivalent 2,727
thereof. The public employees retirement board is the final 2,728
authority in determining the eligibility of a member for 2,729
disability retirement. 2,730
Sec. 145.361. (A) A member with disability coverage under 2,739
this section who is determined by the public employees retirement 2,740
board under section 145.35 of the Revised Code to qualify for a 2,741
disability benefit shall receive a disability allowance under 2,742
this section. The allowance shall be an annual amount equal to 2,743
the greater of the following: 2,744
(1) Forty-five per cent of the member's final average 2,746
salary; 2,747
(2) The member's total service credit multiplied by two 2,749
and one-tenth TWO-TENTHS per cent of his THE MEMBER'S final 2,751
average salary, not exceeding sixty per cent of his THE MEMBER'S 2,753
final average salary.
(B) Sufficient reserves for payment of the disability 2,755
allowance shall be transferred to the annuity and pension reserve 2,756
fund from the employers' contribution fund. The accumulated 2,757
contributions of the member shall remain in the employees' 2,758
savings fund. No part of the allowance paid under this section 2,759
shall be charged against the member's accumulated contributions. 2,760
(C) A disability allowance paid under this section shall 2,762
terminate at the earliest of the following: 2,763
(1) The effective date of age and service retirement under 2,765
sections 145.32 and 145.33, or section 145.34 or 145.37 of the 2,766
Revised Code; 2,767
(2) The date the allowance is terminated under section 2,769
145.362 of the Revised Code; 2,770
(3) The later of the last day of the month in which the 2,772
recipient attains age sixty-five, or the last day of the month in 2,773
which the benefit period ends as follows: 2,774
64
Attained Age at Effective Date 2,776
of Disability Allowance Benefit Period 2,777
60 or 61 60 months 2,778
62 or 63 48 months 2,779
64 or 65 36 months 2,780
66, 67, or 68 24 months 2,781
69 or older 12 months 2,782
Sec. 145.38. (A) As used in this section: 2,792
(1) "PERS retirant" means a former member of the public 2,794
employees retirement system who is receiving either ONE of the 2,795
following: 2,796
(a) Age and service retirement benefits under section 2,798
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code; 2,799
(b) Age and service retirement benefits paid by the public 2,801
employees retirement system under section 145.37 of the Revised 2,802
Code; 2,803
(c) ANY BENEFIT PAID BY THE SYSTEM UNDER A PLAN 2,805
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE. 2,806
(2) "Other system retirant" means both of the following: 2,808
(a) A member or former member of the Ohio police and fire 2,811
pension fund, state teachers retirement system, school employees 2,812
retirement system, state highway patrol retirement system, or 2,813
Cincinnati retirement system who is receiving age and service or 2,814
commuted age and service retirement benefits or a disability 2,815
benefit from a system of which the person is a member or former 2,816
member;
(b) A member or former member of the public employees 2,818
retirement system who is receiving age and service retirement 2,819
benefits or a disability benefit under section 145.37 of the 2,820
Revised Code paid by the school employees retirement system or 2,821
the state teachers retirement system. 2,822
(B)(1) Subject to this section, a PERS retirant or other 2,824
system retirant may be employed by a public employer. If so 2,825
employed, the PERS retirant or other system retirant shall 2,826
65
contribute to the public employees retirement system in 2,827
accordance with section 145.47 of the Revised Code, and the 2,828
employer shall make contributions in accordance with section 2,829
145.48 of the Revised Code. 2,830
(2) A public employer that employs a PERS retirant or 2,832
other system retirant, or enters into a contract for services as 2,833
an independent contractor with a PERS retirant who was employed 2,834
by the public employer at the time of the retirant's retirement 2,836
shall notify the retirement board of the employment or contract
not later than the end of the month in which the employment or 2,837
contract commences. Any overpayment of benefits to a PERS 2,838
retirant by the retirement system resulting from delay or failure 2,839
of the employer to give the notice shall be repaid to the 2,840
retirement system by the employer. 2,841
(3) On receipt of notice from a public employer that a 2,843
person who is an other system retirant has been employed, the 2,844
retirement system shall notify the retirement system of which the 2,845
other system retirant was a member of such employment. 2,846
(4)(a) A PERS retirant who has received a retirement 2,848
allowance for less than six months when employment subject to 2,849
this section commences shall forfeit the retirement allowance for 2,850
the period that begins on the date the employment commences and 2,851
ends on the date that is six months after the date on which the 2,852
retirement allowance commenced. Service and contributions for 2,853
that period shall not be included in calculation of any benefits 2,854
payable to the PERS retirant and those contributions shall be 2,855
refunded on the retirant's death or termination of the 2,856
employment. For purposes of this division, "employment" shall 2,857
include service for which the retirant or the retirant's 2,858
employer, or both, have waived any earnable salary for such 2,859
service.
(b) An other system retirant who has received a retirement 2,861
allowance or disability benefit for less than two months when 2,863
employment subject to this section commences shall forfeit the 2,864
66
retirement allowance or disability benefit for the period that 2,865
begins on the date the employment commences and ends on the date 2,866
that is two months after the date on which the retirement 2,867
allowance or disability benefit commenced. Service and 2,868
contributions for that period shall not be included in the
calculation of any benefits payable to the other system retirant 2,869
and those contributions shall be refunded on the retirant's death 2,871
or termination of the employment.
(5) On receipt of notice from the Ohio police and fire 2,874
pension fund, school employees retirement system, or state 2,876
teachers retirement system of the re-employment of a PERS 2,877
retirant, the public employees retirement system shall not pay,
or if paid, shall recover, the amount to be forfeited by the PERS 2,878
retirant in accordance with section 742.26, 3307.35, or 3309.341 2,880
of the Revised Code. 2,881
(6) A PERS retirant who enters into a contract to provide 2,883
services as an independent contractor to the employer by which 2,884
the retirant was employed at the time of retirement or, less than 2,886
two months after the retirement allowance commences, begins
providing services as an independent contractor pursuant to a 2,887
contract with another public employer, shall forfeit the pension 2,888
portion of the retirement benefit for the period beginning the 2,889
first day of the month following the month in which the services 2,890
begin and ending on the first day of the month following the 2,891
month in which the services end. The annuity portion of the 2,892
retirement allowance shall be suspended on the day services under 2,893
the contract begin and shall accumulate to the credit of the 2,894
retirant to be paid in a single payment after services provided 2,895
under the contract terminate. A PERS retirant subject to 2,896
division (B)(6) of this section shall not contribute to the 2,897
retirement system and shall not become a member of the system. 2,898
(C)(1) Except as provided in division (C)(4) of this 2,900
section, a PERS retirant employed pursuant to this section shall 2,902
elect one of the following:
67
(a) To receive both compensation for the employment and a 2,905
retirement allowance;
(b) To receive compensation for the employment and forfeit 2,908
the pension portion of the retirement allowance.
(2) A PERS retirant who is described in division (C)(4) of 2,911
this section or elects to forfeit the pension portion of the 2,912
retirement allowance under division (C)(1)(b) of this section 2,913
shall become a new member of the public employees retirement 2,914
system with all the rights, privileges, and obligations of 2,915
membership, except that the new membership does not include 2,916
survivor benefits provided pursuant to section 145.45 of the 2,917
Revised Code. The pension portion of the PERS retirant's
retirement allowance shall cease on the first day of the first 2,918
month following commencement of the employment and shall 2,919
thereafter be forfeited until the first day of the first month 2,920
following termination of the employment. The annuity portion of 2,921
the retirement allowance shall be suspended on the first day of 2,922
the first month following commencement of the employment and 2,923
shall thereafter accumulate to the credit of the PERS retirant to 2,924
be paid in a single payment after termination of the employment. 2,925
The retirement allowance shall resume on the first day of the 2,926
first month following termination of the employment. On 2,927
termination of the employment, the PERS retirant shall elect to 2,928
receive either a refund of the retirant's contributions to the 2,930
retirement system during the period of employment subject to this 2,931
section or a supplemental retirement allowance based on the 2,932
retirant's contributions and service credit for that period of 2,933
employment.
(3) Except as provided in division (B)(4) of this section, 2,935
there shall be no suspension or forfeiture of any portion of the 2,936
retirement allowance payable to other system retirants or to PERS 2,937
retirants who make an election under division (C)(1)(a) of this 2,938
section. 2,939
(4) A PERS retirant shall elect division (C)(1)(b) of this 2,942
68
section if both of the following apply:
(a) The retirant held elective office in this state, or in 2,944
any municipal corporation, county, or other subdivision of this 2,945
state at the time of retirement under Chapter 145. of the Revised 2,946
Code;
(b) The retirant was elected or appointed to the same 2,948
office for the remainder of the term or the term immediately 2,949
following the term during which the retirement occurred. 2,950
(D)(1) On termination of employment under this section, 2,952
the PERS retirant who makes an election under division (C)(1)(a) 2,953
of this section or other system retirant may file an application 2,954
with the public employees retirement system for a benefit under 2,955
this division, which shall consist of a single life annuity 2,956
having a reserve equal to the amount of the retirant's 2,957
accumulated contributions for the period of employment and an 2,958
equal amount of the employer's contributions. The PERS retirant 2,959
or other system retirant shall elect either to receive the 2,960
benefit as a monthly annuity for life or a lump-sum payment 2,961
discounted to the present value using the current actuarial 2,962
assumption rate of interest, except that if the monthly annuity 2,963
would be less than twenty-five dollars per month, the retirant 2,964
shall receive a lump-sum payment. 2,965
(2) A benefit payable under this division shall commence 2,967
on the latest of the following: 2,968
(a) The last day for which compensation for employment 2,970
subject to this section was paid; 2,971
(b) Attainment by the PERS retirant or other system 2,973
retirant of age sixty-five; 2,974
(c) If the PERS retirant or other system retirant was 2,976
previously employed under this section and is receiving or 2,977
previously received a benefit under this division, completion of 2,978
a period of twelve months since the effective date of the last 2,979
benefit under this division. 2,980
(3)(a) If a PERS retirant or other system retirant dies 2,982
69
while employed in employment subject to this section, a lump-sum 2,983
payment calculated in accordance with division (D)(1) of this 2,984
section shall be paid to the retirant's beneficiary under 2,985
division (G) of this section. 2,986
(b) If at the time of death a PERS retirant or other 2,988
system retirant receiving a monthly annuity has received less 2,989
than the retirant would have received as a lump-sum payment, the 2,991
difference between the amount received and the amount that would 2,992
have been received as a lump-sum payment shall be paid to the 2,993
retirant's beneficiary under division (G) of this section. 2,994
(4)(a) A PERS retirant or other system retirant subject to 2,996
this division is not a member of the public employees retirement 2,997
system, does not have any of the rights, privileges, or 2,998
obligations of membership, except as specified in this section, 2,999
and, except as specified in division (D)(4)(b) of this section, 3,000
is not eligible to receive health, medical, hospital, or surgical 3,001
benefits under section 145.58 of the Revised Code for employment 3,002
subject to this section. No amount received under this division 3,003
shall be included in determining an additional benefit under 3,004
section 145.323 of the Revised Code or any other post-retirement 3,005
benefit increase. 3,006
(b) A PERS retirant who makes an election under division 3,008
(C)(1)(a) of this section shall receive primary health, medical, 3,009
hospital, or surgical insurance coverage from the retirant's 3,010
employer, if the employer provides coverage to other employees 3,011
performing comparable work. Neither the employer nor the PERS 3,012
retirant may waive the employer's coverage, except that the PERS 3,013
retirant may waive the employer's coverage if the retirant has 3,014
coverage comparable to that provided by the employer from a 3,015
source other than the employer or the public employees retirement 3,016
system. If a claim is made, the employer's coverage shall be the 3,017
primary coverage and shall pay first. The benefits provided 3,018
under section 145.58 of the Revised Code shall pay only those 3,019
medical expenses not paid through the employer's coverage or 3,020
70
coverage the PERS retirant receives through a source other than 3,021
the retirement system. 3,022
(E) If the disability benefit of an other system retirant 3,024
employed under this section is terminated, the retirant shall 3,025
become a member of the public employees retirement system, 3,026
effective on the first day of the month next following the 3,027
termination with all the rights, privileges, and obligations of 3,028
membership. If such person, after the termination of the 3,029
disability benefit, earns two years of service credit under this 3,030
system or under the Ohio police and fire pension fund, state 3,032
teachers retirement system, school employees retirement system, 3,033
or state highway patrol retirement system, the person's prior 3,034
contributions as an other system retirant under this section 3,035
shall be included in the person's total service credit as a 3,036
public employees retirement system member, and the person shall 3,037
forfeit all rights and benefits of this section. Not more than 3,038
one year of credit may be given for any period of twelve months. 3,039
(F) A PERS retirant who performs services for a public 3,041
employer as an independent contractor pursuant to a contract with 3,042
the employer shall not make contributions to the public employees 3,043
retirement system or become a member of the system. Except as 3,044
provided in division (B)(6) of this section, there shall be no 3,045
suspension or forfeiture of the retirant's retirement allowance. 3,046
(G) A PERS retirant or other system retirant employed 3,048
under this section may designate one or more persons as 3,049
beneficiary to receive any benefits payable under this section 3,050
due to death. The designation shall be in writing duly executed 3,052
on a form provided by the public employees retirement board, 3,053
signed by the PERS retirant or other system retirant, and filed 3,054
with the board prior to death. The last designation of a 3,055
beneficiary revokes all previous designations. The PERS
retirant's or other system retirant's marriage, divorce, marriage 3,056
dissolution, legal separation, withdrawal of account, birth of a 3,058
child, or adoption of a child revokes all previous designations. 3,059
71
If there is no designated beneficiary, the beneficiary is the 3,060
beneficiary determined under division (D) of section 145.43 of 3,061
the Revised Code. If any benefit payable under this section due 3,062
to the death of a PERS retirant or other system retirant is not 3,063
claimed by a beneficiary within five years after the death, the 3,064
amount payable shall be transferred to the income fund and 3,065
thereafter paid to the beneficiary or the estate of the PERS 3,066
retirant or other system retirant on application to the board.
(H) This section does not affect the receipt of benefits 3,068
by or eligibility for benefits of any person who on August 20, 3,069
1976, was receiving a disability benefit or service retirement 3,070
pension or allowance from a state or municipal retirement system 3,071
in Ohio and was a member of any other state or municipal 3,072
retirement system of this state. 3,073
(I) The public employees retirement board may adopt rules 3,075
to carry out this section. 3,076
Sec. 145.391. The public employees retirement board may 3,085
establish and maintain a qualified governmental excess benefit 3,086
arrangement that meets the requirements of division (m) of 3,087
section 415 of the "Internal Revenue Code of 1986," 100 Stat. 3,089
2085, 26 U.S.C.A. 415, as amended, and any regulations adopted 3,091
thereunder. If established, the arrangement shall be a separate 3,092
portion of the public employees retirement system and be 3,093
maintained solely for the purpose of providing to retired members 3,094
that part of a benefit otherwise payable under sections 145.01 to 3,095
145.59 of the Revised Code THIS CHAPTER that exceeds the limits 3,096
established by section 415 of the "Internal Revenue Code of 3,097
1986," as amended. 3,098
Members participating in an arrangement established under 3,100
this section shall not be permitted to elect to defer 3,101
compensation to the arrangement. Contributions to and benefits 3,102
paid under an arrangement shall not be payable from a trust that 3,103
is part of the system unless the trust is maintained solely for 3,104
the purpose of providing such benefits. 3,105
72
The board shall adopt rules to administer an arrangement 3,107
established under this section. 3,108
Sec. 145.41. Membership shall cease upon refund of 3,117
accumulated contributions, death, or retirement except as 3,118
provided in section 145.362 of the Revised Code. A member who 3,119
separates from service for any reason other than death or 3,120
retirement or who otherwise ceases to be a public employee for 3,121
any reason other than death or retirement may leave his THE 3,122
MEMBER'S accumulated contributions on deposit with the public 3,124
employees retirement board and, for the purposes of the public 3,125
employees retirement system, be considered on a membership leave 3,126
of absence. His THE MEMBER'S membership rights shall continue 3,127
until he THE MEMBER has withdrawn his THE MEMBER'S accumulated 3,129
contributions, retired on a retirement allowance as provided in 3,131
section 145.33, 145.331, or 145.34 of the Revised Code, or died. 3,132
The account of such a member shall remain in the employees' 3,133
savings fund, except that the account of a member who has less 3,134
than five calendar years of contributing service credit or is a 3,135
member of the state teachers retirement system or the school 3,136
employees retirement system may be transferred to the income fund 3,137
if by the end of the fifth calendar year following the calendar 3,138
year in which the last contribution was received the member has 3,139
not died, claimed a refund of contributions, or requested the 3,140
retirement board to continue his THE MEMBER'S membership on a 3,141
leave of absence basis. In case such a member later requests a 3,143
refund, his THE MEMBER'S account shall be restored to the 3,145
employees' savings account and refunded therefrom. Members on 3,146
such leaves of absence shall retain all rights, obligations, and 3,147
privileges of membership in the public employees retirement 3,148
system. A "contributor," as defined in division (F) of section 3,149
145.01 of the Revised Code, who formerly lost his membership 3,150
through termination of membership leave of absence and who has 3,151
not withdrawn his THE CONTRIBUTOR'S account shall be reinstated 3,152
as a member with all the rights, privileges, and obligations 3,153
73
enumerated in sections 145.01 to 145.59 of the Revised Code OF 3,154
MEMBERSHIP IN THE SYSTEM. In no case shall a member on leave of 3,156
absence as provided in this section add to his THE MEMBER'S total 3,157
number of years of service credit by reason of such leave of 3,159
absence, unless such member was receiving benefits from the state 3,160
insurance fund and by reason of such benefits qualified for 3,161
additional service credit as provided in division (H) of section 3,162
145.01 of the Revised Code, or was eligible to and does make a 3,163
payment as provided in section 145.291 of the Revised Code. 3,164
Sec. 145.42. Members of the public employees retirement 3,174
system on leave of absence as provided in section 145.41 of the 3,175
Revised Code or who are employees of the United States employment 3,176
service at the time of the return of these functions to the 3,177
state, or who reach retirement age prior to such time, or who 3,178
return to the state service prior to the return of the employment 3,179
service, may be permitted to pay into the retirement fund the 3,180
amount they would have paid during such a period of employment 3,181
with the United States employment service at the member 3,182
contribution rate in effect at the time of payment, plus interest 3,183
on such payment compounded annually at a rate to be determined by 3,184
the board. The member may choose to purchase only part of such 3,185
credit in any one payment, subject to board rules. When a member 3,186
has made the payment provided in this section he THE MEMBER shall 3,188
receive credit for the service covered by such payments. Those 3,189
who withdrew their accumulated contributions from the system at 3,190
the time of their separation from the state service, may make a 3,191
redeposit as provided in section 145.31 of the Revised Code, and 3,192
thereafter be entitled to all THE benefits of sections 145.01 to 3,193
145.58 of the Revised Code THIS CHAPTER. 3,194
Sec. 145.45. Except as provided in division (C)(1) of this 3,204
section, in lieu of accepting the payment of the accumulated 3,205
account of a member who dies before service retirement, a 3,206
beneficiary, as determined in this section or section 145.43 of 3,207
the Revised Code, may elect to forfeit the accumulated 3,208
74
contributions and to substitute certain other benefits under 3,209
division (A) or (B) of this section.
(A) If a deceased member was eligible for a service 3,211
retirement benefit as provided in section 145.33, 145.331, or 3,212
145.34 of the Revised Code, a surviving spouse or other sole 3,213
dependent beneficiary may elect to receive a monthly benefit 3,215
computed as the joint-survivor benefit designated as "plan D" in 3,216
section 145.46 of the Revised Code, which the member would have 3,217
received had the member retired on the last day of the month of 3,218
death and had the member at that time selected such 3,220
joint-survivor plan. Payment shall begin with the month 3,222
subsequent to the member's death, except that a surviving spouse 3,223
who is less than sixty-five years old may defer receipt of such 3,224
benefit. Upon receipt, the benefit shall be calculated based 3,225
upon the spouse's age at the time of first payment, and shall 3,226
accrue regular interest during the time of deferral. 3,227
(B) If a deceased member had at least one and one-half 3,229
years of contributing service credit, with at least one-quarter 3,230
year of contributing service credit within the two and one-half 3,231
years prior to the date of death, or was receiving at the time of 3,232
death a disability benefit as provided in section 145.36, 3,233
145.361, or 145.37 of the Revised Code, certain qualified 3,234
survivors may WHO elect to receive monthly benefits as SHALL 3,236
RECEIVE THE GREATER OF THE BENEFITS provided in divisions 3,237
DIVISION (B)(1)(a) OR (b) and (5) of this section AS ALLOCATED IN 3,238
ACCORDANCE WITH DIVISION (B)(6) OF THIS SECTION. 3,239
(1)(a) 3,241
Number
of Qualified Or 3,242
survivors Annual Benefit as a Per Monthly Benefit 3,243
affecting Cent of Decedent's Final shall not be 3,244
the benefit Average Salary less than 3,245
1 25% $ 96 250 3,246
2 40 186 400 3,247
75
3 50 236 500 3,248
4 55 236 500 3,249
5 or more 60 236 500 3,250
(b) YEARS OF ANNUAL BENEFIT AS A PER CENT 3,254
SERVICE OF MEMBER'S FINAL AVERAGE 3,256
SALARY 3,257
20 29% 3,259
21 33 3,260
22 37 3,261
23 41 3,262
24 45 3,263
25 48 3,264
26 51 3,265
27 54 3,266
28 57 3,267
29 OR MORE 60 3,268
(2) THE FINAL AVERAGE SALARY USED IN THE CALCULATION OF A 3,271
BENEFIT PAYABLE PURSUANT TO THIS DIVISION TO A QUALIFIED SURVIVOR 3,272
OF A DISABILITY BENEFIT RECIPIENT SHALL BE ADJUSTED FOR EACH YEAR 3,273
BETWEEN THE DISABILITY BENEFIT'S EFFECTIVE DATE AND THE 3,274
RECIPIENT'S DATE OF DEATH BY THE LESSER OF THREE PER CENT OR THE 3,275
ACTUAL AVERAGE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX
PREPARED BY THE UNITED STATES BUREAU OF LABOR STATISTICS (U.S. 3,277
CITY AVERAGE FOR URBAN WAGE EARNERS AND CLERICAL WORKERS: "ALL 3,279
ITEMS 1982-84=100").
(3) Benefits shall begin as qualified survivors meet 3,281
eligibility requirements as follows: 3,282
(a) A qualified spouse is the surviving spouse of the 3,284
deceased member, who is age sixty-two, or REGARDLESS OF age fifty 3,287
if the deceased member had ten or more years of Ohio service 3,289
credit, or regardless of age if caring for a qualified child, or 3,290
regardless of age if adjudged physically or mentally incompetent. 3,292
A spouse of a member who died prior to August 27, 1970, whose 3,293
eligibility was determined at the member's death, and who is 3,294
76
physically or mentally incompetent on or after August 20, 1976, 3,295
shall be paid the monthly benefit which that person would
otherwise receive when qualified by age. 3,296
(b) A qualified child is any unmarried child of the 3,300
deceased member under WHO HAS NEVER BEEN MARRIED AND TO WHOM ONE 3,301
OF THE FOLLOWING APPLIES: 3,302
(i) IS UNDER age eighteen, or under age twenty-two if the 3,305
child is attending an institution of learning or training
pursuant to a program designed to complete in each school year 3,306
the equivalent of at least two-thirds of the full-time curriculum 3,307
requirements of such institution and as further determined by 3,308
board policy, or regardless; 3,309
(ii) REGARDLESS of age if, IS adjudged physically or 3,312
mentally incompetent at the time of the member's death. 3,313
(c) A qualified parent is a dependent parent aged 3,315
sixty-five or older or regardless of age if physically or 3,317
mentally incompetent, a dependent parent whose eligibility was 3,318
determined by the member's death prior to August 20, 1976, and 3,319
who is physically or mentally incompetent on or after August 20, 3,320
1976, shall be paid the monthly benefit for which that person 3,321
would otherwise qualify.
(3)(4) "Physically or mentally incompetent" as used in 3,323
this section may be determined by a court of jurisdiction, or by 3,324
a physician appointed by the retirement board. Incapability of 3,325
making a living because of a physically or mentally disabling 3,326
condition shall meet the qualifications of this division. 3,327
(4)(5) Benefits to a qualified survivor shall terminate 3,329
upon ceasing to meet eligibility requirements as provided in this 3,331
division, a first marriage, abandonment, adoption, or during 3,333
active military service. Benefits to a deceased member's 3,334
surviving spouse that were terminated under a former version of 3,335
this section that required termination due to remarriage and were 3,336
not resumed prior to September 16, 1998, shall resume on the 3,338
first day of the month immediately following receipt by the board 3,339
77
of an application on a form provided by the board. 3,340
Upon the death of any subsequent spouse who was a member of 3,343
the public employees retirement system, state teachers retirement 3,344
system, or school employees retirement system, the surviving 3,345
spouse of such member may elect to continue receiving benefits 3,346
under this division, or to receive survivor's benefits, based 3,347
upon the subsequent spouse's membership in one or more of the 3,348
systems, for which such surviving spouse is eligible under this 3,349
section or section 3307.66 or 3309.45 of the Revised Code. If 3,350
the surviving spouse elects to continue receiving benefits under 3,352
this division, such election shall not preclude the payment of 3,353
benefits under this division to any other qualified survivor. 3,354
Benefits shall begin or resume on the first day of the 3,356
month following the attainment of eligibility and shall terminate 3,357
on the first day of the month following loss of eligibility. 3,358
(5) Benefits (6)(a) IF A BENEFIT IS PAYABLE UNDER 3,360
DIVISION (B)(1)(a) OF THIS SECTION, BENEFITS to a qualified 3,362
spouse shall be paid in the amount determined for the first 3,363
qualifying survivor in division (B)(1)(a) of this section, but 3,365
shall not be less than one hundred six dollars per month if the 3,366
deceased member had ten or more years of Ohio service credit. 3,367
All other qualifying survivors shall share equally in the benefit 3,368
or remaining portion thereof. 3,369
(b) ALL QUALIFYING SURVIVORS SHALL SHARE EQUALLY IN A 3,371
BENEFIT PAYABLE UNDER DIVISION (B)(1)(b) OF THIS SECTION, EXCEPT 3,373
THAT IF THERE IS A SURVIVING SPOUSE, THE SURVIVING SPOUSE SHALL 3,374
RECEIVE NOT LESS THAN THE AMOUNT DETERMINED FOR THE FIRST 3,376
QUALIFYING SURVIVOR IN DIVISION (B)(1)(a) OF THIS SECTION. 3,377
(6)(7) The beneficiary of a member who is also a member of 3,379
the state teachers retirement system or of the school employees 3,380
retirement system, must forfeit the member's accumulated 3,381
contributions in those systems and in the public employees 3,382
retirement system, if the beneficiary takes a survivor benefit. 3,385
Such benefit shall be exclusively governed by section 145.37 of
78
the Revised Code. 3,386
(C)(1) Regardless of whether the member is survived by a 3,390
spouse or designated beneficiary, if the public employees
retirement system receives notice that a deceased member 3,391
described in division (A) or (B) of this section has one or more 3,392
qualified children, all persons who are qualified survivors under 3,394
division (B) of this section shall receive monthly benefits as 3,396
provided in division (B) of this section. 3,397
If, after determining the monthly benefits to be paid under 3,399
division (B) of this section, the system receives notice that 3,400
there is a qualified survivor who was not considered when the 3,401
determination was made, the system shall, notwithstanding section 3,402
145.561 of the Revised Code, recalculate the monthly benefits 3,404
with that qualified survivor included, even if the benefits to 3,405
qualified survivors already receiving benefits are reduced as a 3,406
result. The benefits shall be calculated as if the qualified 3,407
survivor who is the subject of the notice became eligible on the
date the notice was received and shall be paid to qualified 3,408
survivors effective on the first day of the first month following 3,409
the system's receipt of the notice. 3,410
If the retirement system did not receive notice that a 3,412
deceased member has one or more qualified children prior to 3,414
making payment under section 145.43 of the Revised Code to a 3,417
beneficiary as determined by the retirement system, the payment 3,418
is a full discharge and release of the system from any future 3,419
claims under this section or section 145.43 of the Revised Code. 3,420
(2) If benefits under division (C)(1) of this section to 3,423
all persons, or to all persons other than a surviving spouse or 3,425
other sole beneficiary, terminate, there are no children under
the age of twenty-two years, and the surviving spouse or 3,426
beneficiary qualifies for benefits under division (A) of this 3,428
section, the surviving spouse or beneficiary may elect to receive 3,429
benefits under division (A) of this section. The benefits shall 3,430
be effective on the first day of the month immediately following 3,431
79
the termination.
(D) If the survivor benefits due and paid under this 3,433
section are in a total amount less than the member's accumulated 3,434
account that was transferred from the public employees' savings 3,435
fund to the survivors' benefit fund, then the difference between 3,436
the total amount of the benefits paid shall be paid to the 3,437
beneficiary under section 145.43 of the Revised Code. 3,438
Sec. 145.451. (A) Upon the death of a retirant or 3,447
disability benefit recipient, who at the time of death is 3,448
receiving an age and service retirement benefit or a disability 3,449
benefit from this system, a death benefit shall be paid, 3,450
following the completion of an application on a form approved by 3,451
the public employees retirement board, to one of the following in 3,452
the order given: 3,453
(1) The person he THE RETIRANT OR DISABILITY BENEFIT 3,455
RECIPIENT has designated in writing duly executed on a form 3,457
provided by the board, signed by him THE RETIRANT OR DISABILITY 3,458
BENEFIT RECIPIENT, and filed with the board. If more than one 3,459
such designation has been made, the person last designated shall 3,460
be considered the person designated.
(2) His THE RETIRANT'S OR DISABILITY BENEFIT RECIPIENT'S 3,462
surviving spouse; 3,463
(3) His THE RETIRANT'S OR DISABILITY BENEFIT RECIPIENT'S 3,465
children, share and share alike; 3,466
(4) His THE RETIRANT'S OR DISABILITY BENEFIT RECIPIENT'S 3,468
parents, share and share alike; 3,469
(5) The person responsible for burial expenses; 3,471
(6) The retirant's or disability benefit recipient's 3,473
estate. 3,474
(B) The amount of the death benefit shall be as follows: 3,476
(1) If the retirant or disability benefit recipient had at 3,478
least five years' but less than ten years' total service credit, 3,479
five hundred dollars; 3,480
(2) If the retirant or disability benefit recipient had at 3,482
80
least ten years' but less than fifteen years' total service 3,483
credit, one thousand dollars; 3,484
(3) If the retirant or disability benefit recipient had at 3,486
least fifteen years' but less than twenty years' total service 3,487
credit, one thousand five hundred dollars; 3,488
(4) If the retirant or disability benefit recipient had at 3,490
least twenty years' but less than twenty-five years' total 3,491
service credit, two thousand dollars; 3,492
(5) If the retirant or disability benefit recipient had 3,494
twenty-five or more years' total service credit, two thousand 3,495
five hundred dollars. 3,496
(C) A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS 3,498
LIFE INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED 3,499
SOLELY FROM CONTRIBUTIONS MADE UNDER SECTION 145.48 OF THE 3,500
REVISED CODE AND ANY EARNINGS ATTRIBUTABLE TO THOSE 3,501
CONTRIBUTIONS.
Sec. 145.452. Upon the death of a member prior to receipt 3,510
of a disability benefit or service retirement, the surviving 3,511
spouse or dependents of the deceased member shall have the right 3,512
to purchase any service credit the member, had he THE MEMBER not 3,513
died, would have been eligible to purchase under sections 145.01 3,515
to 145.59 of the Revised Code THIS CHAPTER upon the same terms 3,516
and conditions that the deceased member could have purchased such 3,517
service credit had he THE MEMBER not died. Any service credit 3,519
purchased under this section shall be applied under the
provisions of sections 145.01 to 145.59 of the Revised Code THIS 3,520
CHAPTER in the same manner as it would have been applied had it 3,522
been purchased by the deceased member during his THE DECEASED 3,523
MEMBER'S lifetime.
Sec. 145.46. (A) A retirement allowance calculated under 3,532
section 145.33, 145.331, or 145.34 of the Revised Code shall be 3,533
paid as provided in this section. If the member is eligible to 3,534
elect a plan of payment under this section, the election shall be 3,535
made on a form provided by the public employees retirement board. 3,536
81
A plan of payment elected under this section shall be effective 3,537
only if approved by the board, which shall approve it only if it 3,538
is certified by an actuary engaged by the board to be the 3,539
actuarial equivalent of the retirement allowance calculated under 3,540
section 145.33, 145.331, or 145.34 of the Revised Code. 3,541
(B)(1) Unless the member is eligible to elect another plan 3,543
of payment, a member who retires under section 145.32, 145.331, 3,544
or 145.34 of the Revised Code shall receive a retirement 3,545
allowance under "plan A," which shall consist of the actuarial 3,546
equivalent of the member's retirement allowance determined under 3,548
section 145.33, 145.331, or 145.34 of the Revised Code in a 3,549
lesser amount payable for life and one-half of such allowance 3,550
continuing after death to the member's surviving spouse for the 3,552
life of the spouse. 3,553
A member may elect to receive the member's retirement 3,555
allowance under a plan of payment other than "plan A" if the 3,557
member is not married or either the member's spouse consents in 3,558
writing to the member's election of a plan of payment other than 3,560
"plan A" or the board waives the requirement that the spouse 3,561
consent. An application for retirement shall include an 3,562
explanation of all of the following: 3,563
(a) That, if the member is married, unless the spouse 3,566
consents to another plan of payment, the member's retirement 3,567
allowance will be paid under "plan A," which consists of the 3,568
actuarial equivalent of the member's retirement allowance in a 3,569
lesser amount payable for life and one-half of the allowance 3,570
continuing after death to the surviving spouse for the life of 3,571
the spouse; 3,572
(b) A description of the alternative plans of payment 3,575
available with the consent of the spouse;
(c) That the spouse may consent to another plan of payment 3,578
and the procedure for giving consent;
(d) That consent is irrevocable once notice of consent is 3,580
filed with the board. 3,581
82
Consent shall be valid only if it is signed, in writing, 3,585
and witnessed by a notary public. The board may waive the 3,588
requirement of consent if the spouse is incapacitated or cannot 3,590
be located or for any other reason specified by the board. 3,591
Consent or waiver is effective only with regard to the spouse who 3,593
is the subject of the consent or waiver. 3,594
(2) A member eligible to elect to receive the member's 3,596
retirement allowance under a plan of payment other than "plan A" 3,598
shall receive the member's retirement allowance under one of the 3,599
following plans elected at the time the member makes application 3,601
for retirement: 3,602
(a) "Plan B," which shall consist of an allowance 3,604
determined under section 145.33, 145.331, or 145.34 of the 3,605
Revised Code; 3,606
(b) "Plan C," which shall consist of the actuarial 3,608
equivalent of the member's retirement allowance determined under 3,609
section 145.33, 145.331, or 145.34 of the Revised Code in a 3,610
lesser amount payable for life and one-half or some other portion 3,612
of the allowance continuing after death to the member's sole 3,613
surviving beneficiary designated at the time of the member's 3,614
retirement, provided that the amount payable to the beneficiary 3,615
does not exceed the amount payable to the member; 3,616
(c) "Plan D," which shall consist of the actuarial 3,618
equivalent of the member's retirement allowance determined under 3,619
section 145.33, 145.331, or 145.34 of the Revised Code in a 3,620
lesser amount payable for life and continuing after death to a 3,623
surviving beneficiary designated at the time of the member's 3,624
retirement;
(d) "Plan E," which shall consist of the actuarial 3,626
equivalent of the member's retirement allowance determined under 3,627
section 145.33, 145.331, or 145.34 of the Revised Code in a 3,628
lesser amount payable for a certain period from the member's 3,629
retirement date as elected by the member and approved by the 3,630
retirement board, and on the member's death before the expiration 3,632
83
of that certain period the member's lesser retirement allowance 3,634
payable for the remainder of that period to the member's 3,636
surviving designated beneficiary nominated by written designation 3,638
filed with the retirement board.
Should the nominated beneficiary designated in writing die 3,640
prior to the expiration of the guarantee period, then for the 3,641
purpose of completing payment for the remainder of the guarantee 3,642
period, the present value of such payments shall be paid to the 3,643
estate of the beneficiary last receiving. 3,644
(3) A member eligible to elect to receive the member's 3,646
retirement allowance under a plan of payment other than "plan A" 3,648
because the member is unmarried who fails to make an election on 3,650
retirement shall receive the member's retirement allowance under 3,651
"plan B."
(C) If the retirement allowances, as a single life annuity 3,653
or payment plan as provided in this section, due and paid are in 3,654
a total amount less than (1) the accumulated contributions, and 3,655
(2) other deposits made by the member as provided by sections 3,656
145.01 to 145.59 of the Revised Code THIS CHAPTER, standing to 3,657
the credit of the member at the time of retirement, then the 3,659
difference between the total amount of the allowances paid and 3,660
the accumulated contributions and other deposits shall be paid to 3,661
the beneficiary provided under division (D) of section 145.43 of 3,662
the Revised Code. 3,663
(D)(1) The death of a spouse or any designated beneficiary 3,665
following retirement shall cancel any plan of payment to provide 3,666
continuing lifetime benefits to the spouse or beneficiary and 3,667
return the retirant to the retirant's single lifetime benefit 3,669
equivalent, as determined by the board, to be effective the month 3,670
following receipt by the board of notice of the death. 3,671
(2) On divorce, annulment, or marriage dissolution, a 3,673
retirant receiving a retirement allowance under a plan that 3,674
provides for continuation of all or part of the allowance after 3,675
death for the lifetime of the retirant's surviving spouse may, 3,677
84
with the written consent of the spouse or pursuant to an order of 3,678
the court with jurisdiction over the termination of the marriage, 3,679
elect to cancel the plan and receive the member's single lifetime 3,681
benefit equivalent as determined by the retirement board. The 3,682
election shall be made on a form provided by the board and shall 3,683
be effective the month following its receipt by the board. 3,684
(E) Following a marriage or remarriage, a retirant who is 3,686
receiving the retirant's retirement allowance under "plan B" may 3,688
elect a new plan of payment under division (B)(1), (2)(b), or 3,689
(2)(c) of this section based on the actuarial equivalent of the 3,690
retirant's single lifetime benefit as determined by the board. 3,692
The plan shall become effective the first day of the month 3,693
following receipt by the board of an application on a form 3,694
approved by the board.
(F) Any person who, prior to July 24, 1990, selected an 3,696
optional plan of payment at retirement that provided for a return 3,697
to the single life benefit after the designated beneficiary's 3,698
death shall have the retirant's benefit adjusted to the optional 3,700
plan equivalent without such provision. 3,701
(G) A retirant's receipt of the first month's retirement 3,703
allowance constitutes the retirant's final acceptance of the plan 3,705
of payment and may be changed only as provided in this chapter. 3,706
Sec. 145.47. Each public employee who is a contributor to 3,716
the public employees retirement system shall contribute eight per 3,717
cent of his THE CONTRIBUTOR'S earnable salary to the employees' 3,718
savings fund, except that the public employees retirement board 3,720
may raise the contribution rate to a rate not greater than ten 3,721
per cent of the employee's earnable salary. 3,722
The head of each state department, institution, board, and 3,724
commission, and the fiscal officer of each local authority 3,725
subject to this chapter, shall deduct from the earnable salary of 3,726
each contributor on every payroll of such contributor for each 3,727
payroll period subsequent to the date of coverage, an amount 3,728
equal to the applicable per cent of the contributor's earnable 3,729
85
salary. The head of each state department and the fiscal officer 3,730
of each local authority subject to this chapter shall transmit 3,731
promptly to the secretary of the public employees retirement 3,732
board SYSTEM a report of contributions at such intervals and in 3,733
such form as the board SYSTEM shall require, showing thereon all 3,735
deductions for the public employees retirement system made from 3,737
the earnable salary of each contributor employed, together with 3,738
warrants or checks covering the total of such deductions. A 3,739
penalty of five per cent of the total amount due for the 3,740
particular reporting period shall be added when such report, 3,741
together with warrants or checks to cover the total amount due 3,742
from the earnable salary of all amenable employees of such 3,743
employer are, IS filed thirty or more days after the last day of 3,744
such reporting period. Such penalty shall be added to and 3,745
collected on the next succeeding regular employer billing. 3,746
Interest at a rate set by the retirement board shall be charged 3,747
on the amount of the penalty in case such penalty is not paid 3,748
within three months after it is added to the regular employer 3,749
billing. The secretary of the board SYSTEM, after making a 3,750
record of all such receipts, shall deposit them with the 3,752
treasurer of state for use as provided by this chapter. In 3,753
addition to the periodical reports of deduction required by this 3,754
section, the fiscal officer of each local authority subject to 3,755
this chapter shall submit to the board SYSTEM at least once each 3,757
year a complete listing of all noncontributing appointive 3,758
employees. Where an employer fails to transmit contributions to 3,759
the retirement system, the retirement board SYSTEM may make a 3,761
determination of the employees' liability for contributions and 3,762
certify to the employer the amounts due for collection in the 3,763
same manner as payments due the employers' accumulation fund, 3,764
provided that any. ANY amounts so collected shall be a penalty 3,766
against the employer and held in trust pending receipt of A 3,767
REPORT OF contributions from FOR such public employees for the 3,768
period involved as provided by law and, thereafter, the amount in 3,769
86
trust shall be transferred to the EMPLOYEES' SAVINGS FUND TO THE 3,770
CREDIT OF THE EMPLOYEES. ANY AMOUNT REMAINING AFTER THE TRANSFER 3,771
TO THE EMPLOYEES' SAVINGS FUND SHALL BE TRANSFERRED TO THE 3,772
employers' accumulation fund as a credit of such employer. The 3,774
fiscal officer shall require each new contributor to submit to 3,775
the board SYSTEM a detailed report of all his THE CONTRIBUTOR'S 3,777
previous service as a public employee along with such other facts 3,779
as the board requires for the proper operation of the public 3,780
employees retirement system.
Any member who, because of his THE MEMBER'S own illness, 3,782
injury, or other reason which may be approved by his THE MEMBER'S 3,784
employer is prevented from making his THE MEMBER'S contribution 3,786
to the system for any payroll period, may pay such deductions as 3,788
a back payment within one year. 3,789
Sec. 145.48. (A) Each employer shall pay to the 3,798
employers' accumulation fund PUBLIC EMPLOYEES RETIREMENT SYSTEM 3,799
an amount that shall be a certain per cent of the earnable salary 3,801
of all contributors to be known as the "employer contribution," 3,802
except that the public employees retirement board may raise the 3,803
employer contribution to a rate not to exceed fourteen per cent 3,804
of the earnable salaries of all contributors. On 3,805
(B)(1) ON the basis of regular interest and of such 3,807
mortality and other tables as are adopted by the public employees 3,808
retirement board, the actuary for the board shall determine the 3,809
liabilities and employer rates of contribution as follows: 3,810
(A)(a) The percentage of such earnable salary that will 3,813
provide a pension reserve sufficient to match the accumulated 3,814
contributions of those members or beneficiaries who will retire 3,815
and qualify for retirement allowances or other benefits as 3,816
provided by sections 145.33, 145.331, 145.34, 145.36, 145.361, 3,817
145.38, and division (A) of 145.45 of the Revised Code; 3,818
(B) The percentage of such earnable salary required to pay 3,820
the liability for the prior service credit, disability credit 3,821
prior to the effective date of a disability benefit, and the 3,822
87
military service credit of members; 3,823
(C) The percentage of such earnable salary required to pay 3,825
the liability of the survivors' benefit fund in excess of the 3,826
accumulated contributions forfeited by beneficiaries; 3,827
(D) The percentage of such earnable salary required to pay 3,829
the additional liability in the annuity and pension reserve fund 3,830
due to the allowances or other benefits provided by sections 3,831
145.33, 145.331, 145.34, 145.36, 145.361, and 145.45 of the 3,832
Revised Code; 3,833
(E) The percentage of such earnable salary required to 3,835
fund any deficiencies in the various funds described in section 3,836
145.23 of the Revised Code; 3,837
(F) Such employer obligation shall include the normal and 3,839
deficiency contributions and employer liability resulting from 3,840
omitted member contributions required under sections 145.47 and 3,841
145.483 of the Revised Code, but not made by payroll deduction, 3,842
WHEN ADDED TO THE PER CENT OF EARNABLE SALARY CONTRIBUTED BY EACH 3,844
MEMBER, WILL COVER THE COSTS OF BENEFITS TO BE PAID TO MEMBERS
FOR EACH YEAR OF SERVICE RENDERED; 3,845
(b) THE PERCENTAGE OF EARNABLE SALARY THAT, IF PAID OVER A 3,847
PERIOD OF FUTURE YEARS, WILL DISCHARGE FULLY THE SYSTEM'S 3,848
UNFUNDED ACTUARIAL ACCRUED PENSION LIABILITY; 3,849
(c) THE PERCENTAGE OF EARNABLE SALARY DESIGNATED BY THE 3,851
BOARD TO PAY BENEFITS AUTHORIZED UNDER SECTION 145.58 OF THE 3,852
REVISED CODE. 3,853
(2) IF RECOGNIZED ASSETS EXCEED THE LIABILITIES FOR 3,855
SERVICE PREVIOUSLY RENDERED, ON APPROVAL OF THE BOARD, A 3,856
PERCENTAGE OF EARNABLE SALARY MAY BE DEDUCTED FROM THE EMPLOYER 3,857
RATES OF CONTRIBUTION THAT, IF DEDUCTED ANNUALLY OVER A PERIOD OF 3,858
FUTURE YEARS, WILL ELIMINATE THE EXCESS.
(C) Any publicly owned utility that became subject to this 3,860
chapter subsequent to July 1, 1938, shall assume before January 3,861
1, 1967, the obligation to pay those of its employees entitled to 3,862
any prior service credit a pension for such service that is in an 3,863
88
amount at least equal to the pension provided for other public 3,864
employees under sections 145.01 to 145.59 of the Revised Code 3,865
THIS CHAPTER. No employers' contributions for prior service 3,867
credit shall be required of such publicly owned utility. The 3,868
public employees retirement system has no obligation to pay a 3,869
prior service pension to any such employees of a publicly owned 3,870
utility, nor is it obligated to grant any service credit for 3,871
service with such utility prior to May 1, 1942, or prior to the 3,872
date such utility became subject to sections 145.01 to 145.59 of 3,873
the Revised Code THIS CHAPTER, whichever is the later date. 3,875
The aggregate of all employer rates and contributions 3,877
provided thereby shall be sufficient when combined with the 3,878
amounts in the various funds described in section 145.23 of the 3,879
Revised Code, to provide all allowances, annuities, pensions, and 3,880
other benefits payable from the funds. 3,881
Sec. 145.491 145.49. Notwithstanding any provision of 3,890
sections 145.01 to 145.59 of the Revised Code THIS CHAPTER, the 3,892
public employees retirement system shall be authorized to 3,894
calculate the employee and employer contribution rates separately
for those employees contributing toward benefits under division 3,895
(B) of section 145.33 of the Revised Code. 3,896
Sec. 145.55. The deductions provided for in sections 3,905
145.01 to 145.59 of the Revised Code THIS CHAPTER shall be made 3,907
notwithstanding that the minimum compensation provided for by law 3,909
for any contributor is reduced thereby. Every contributor is 3,910
deemed to consent to the deductions made and provided for in such
sections and shall receipt in full for his salary or 3,911
compensation, and payment THIS CHAPTER. PAYMENT less the 3,912
deductions shall be a complete discharge and acquittance of all 3,913
claims and demands whatsoever for the services rendered by such 3,914
person during the period covered by such payment. 3,915
Sec. 145.56. The right of a person to a pension, an 3,924
annuity, or a retirement allowance itself, any optional benefit, 3,925
any other right accrued or accruing to any person, under sections 3,926
89
145.01 to 145.58 of the Revised Code THIS CHAPTER, or of any 3,927
municipal retirement system established subject to such sections 3,929
THIS CHAPTER, under the laws of this state or any charter, the 3,932
various funds created by sections 145.01 to 145.58 of the Revised 3,933
Code THIS CHAPTER, or under such municipal retirement system, and 3,935
all moneys and investments and income thereof, are exempt from 3,936
any state tax, except the tax imposed by section 5747.02 of the 3,937
Revised Code and are exempt from any county, municipal, or other 3,939
local tax, except taxes imposed pursuant to section 5748.02 or 3,940
5748.08 of the Revised Code and, except as provided in sections 3,942
145.57, 3111.23, and 3113.21 of the Revised Code, shall not be 3,943
subject to execution, garnishment, attachment, the operation of 3,944
bankruptcy or the insolvency laws, or other process of law, and 3,945
shall be unassignable except as specifically provided in THIS 3,946
CHAPTER AND sections 145.01 to 145.58, 3111.23, and 3113.21 of 3,948
the Revised Code.
Sec. 145.563. If a member, former member, contributor, 3,957
former contributor, retirant, or beneficiary is paid any benefit 3,958
by the public employees retirement system to which he SUCH A 3,959
PERSON is not entitled, the benefit shall be repaid to the 3,961
retirement system by him THE PERSON. If he THE PERSON fails to 3,962
make the repayment, the retirement system shall withhold the 3,963
amount due from any benefit due him THE PERSON or his THE 3,965
PERSON'S beneficiary under sections 145.01 to 145.59 of the 3,967
Revised Code THIS CHAPTER, or may collect the amount in any other 3,969
manner provided by law.
Sec. 145.53 145.69. The public employees retirement board 3,978
shall prepare and certify to the director of budget and 3,980
management and to the heads of the departments, on or before the 3,981
first day of November of each even-numbered year, the employer's 3,982
rate of contribution, which, when applied to earnable salaries to
be paid from state funds for positions covered by the public 3,983
employees retirement system, will produce the amount necessary to 3,984
pay the state's obligation as employer. Any appropriations for 3,985
90
salaries to be paid to contributors covered by this system must 3,986
be increased by the employer's contributions rate when salary 3,987
appropriations are made.
Sec. 145.59 145.70. All amounts due the public employees 3,996
retirement system from the state treasury pursuant to this 3,998
chapter shall be promptly paid upon warrant of the auditor of 3,999
state pursuant to a voucher approved by the director of budget
and management. 4,000
Sec. 145.80. THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL 4,002
ADOPT RULES TO IMPLEMENT EACH PLAN ESTABLISHED UNDER SECTION 4,003
145.81 OF THE REVISED CODE. 4,004
Sec. 145.81. THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL 4,006
ESTABLISH ONE OR MORE PLANS CONSISTING OF BENEFIT OPTIONS THAT 4,007
PROVIDE FOR AN INDIVIDUAL ACCOUNT FOR EACH PARTICIPATING MEMBER 4,008
AND UNDER WHICH BENEFITS ARE BASED SOLELY ON THE AMOUNTS THAT 4,009
HAVE ACCUMULATED IN THE ACCOUNT. THE PLANS MAY INCLUDE OPTIONS 4,010
UNDER WHICH A MEMBER PARTICIPATING IN A PLAN MAY RECEIVE 4,011
DEFINITELY DETERMINABLE BENEFITS. 4,012
EACH PLAN ESTABLISHED UNDER THIS SECTION SHALL MEET THE 4,014
REQUIREMENTS OF SECTIONS 145.81 TO 145.98 OF THE REVISED CODE AND 4,016
ANY RULES ADOPTED IN ACCORDANCE WITH SECTION 145.80 OF THE 4,017
REVISED CODE. IT MAY INCLUDE LIFE INSURANCE, ANNUITIES, VARIABLE 4,018
ANNUITIES, REGULATED INVESTMENT TRUSTS, POOLED INVESTMENT FUNDS, 4,019
OR OTHER FORMS OF INVESTMENT. 4,020
THE BOARD MAY ADMINISTER THE PLANS, ENTER INTO CONTRACTS 4,022
WITH OTHER ENTITIES TO ADMINISTER THE PLANS, OR BOTH. 4,023
Sec. 145.811. EACH PLAN ESTABLISHED UNDER SECTION 145.81 4,025
OF THE REVISED CODE SHALL QUALIFY AS A GOVERNMENTAL PLAN UNDER 4,026
SECTION 414(d) OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 4,029
2085, 26 U.S.C.A. 414(d), AS AMENDED, AND MEET THE REQUIREMENTS 4,030
OF SECTION 401(a) OF THE "INTERNAL REVENUE CODE OF 1986," 26 4,035
U.S.C.A. 401(a), AS AMENDED, APPLICABLE TO GOVERNMENTAL PLANS. 4,036
Sec. 145.812. EACH PLAN ESTABLISHED UNDER SECTION 145.81 4,038
OF THE REVISED CODE SHALL MEET THE REQUIREMENTS NECESSARY TO 4,040
91
QUALIFY AS A RETIREMENT SYSTEM MAINTAINED BY A STATE OR LOCAL 4,041
GOVERNMENT ENTITY UNDER SECTION 3121(b)(7)(F) OF THE "INTERNAL 4,043
REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 3121(b)(7)(F), 4,047
AS AMENDED. EACH PARTICIPANT IN A PLAN SHALL QUALIFY AS A MEMBER 4,049
OF THAT SYSTEM.
Sec. 145.813. EACH PLAN ESTABLISHED UNDER SECTION 145.81 4,051
OF THE REVISED CODE SHALL REQUIRE THE PUBLIC EMPLOYEES RETIREMENT 4,053
BOARD, OR THE ENTITY ADMINISTERING THE PLAN PURSUANT TO A 4,054
CONTRACT WITH THE BOARD, TO CAUSE AN INDIVIDUAL ACCOUNT TO BE 4,055
MAINTAINED FOR EACH MEMBER PARTICIPATING IN THE PLAN. A PLAN MAY 4,057
INCLUDE DEPOSITS TO THE DEFINED CONTRIBUTION FUND CREATED UNDER 4,058
SECTION 145.23 OF THE REVISED CODE OR DEPOSITS UNDER DIVISION (C) 4,060
OF THAT SECTION TO THE EMPLOYEES' SAVINGS FUND. 4,061
Sec. 145.82. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 4,063
THIS SECTION, SECTIONS 145.201 TO 145.70 OF THE REVISED CODE DO 4,065
NOT APPLY TO A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE 4,067
REVISED CODE, EXCEPT THAT A PLAN MAY INCORPORATE PROVISIONS OF 4,069
THOSE SECTIONS AS SPECIFIED IN THE PLAN DOCUMENT. 4,070
(B) THE FOLLOWING SECTIONS OF CHAPTER 145. OF THE REVISED 4,073
CODE APPLY TO A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE 4,074
REVISED CODE: 145.22, 145.221, 145.23, 145.25, 145.26, 145.27, 4,075
145.296, 145.38, 145.382, 145.391, 145.47, 145.471, 145.48, 4,077
145.483, 145.49, 145.51, 145.54, 145.55, 145.56, 145.561,
145.563, 145.57, 145.69, AND 145.70 OF THE REVISED CODE. 4,078
Sec. 145.85. EACH MEMBER PARTICIPATING IN A PLAN 4,080
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE SHALL 4,081
CONTRIBUTE A PER CENT OF THE MEMBER'S EARNABLE SALARY TO THE 4,083
PUBLIC EMPLOYEES RETIREMENT SYSTEM AS REQUIRED IN SECTION 145.47 4,084
OF THE REVISED CODE. CONTRIBUTIONS MADE UNDER THIS SECTION SHALL 4,085
NOT EXCEED THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL 4,086
REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 415, AS 4,090
AMENDED.
Sec. 145.86. FOR EACH MEMBER PARTICIPATING IN A PLAN 4,092
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, THE 4,093
92
EMPLOYER SHALL CONTRIBUTE A PER CENT OF THE MEMBER'S EARNABLE 4,094
SALARY TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AS REQUIRED IN 4,095
SECTION 145.48 OF THE REVISED CODE, LESS THE PERCENTAGE REQUIRED 4,096
UNDER SECTION 145.87 OF THE REVISED CODE. 4,097
Sec. 145.87. FOR EACH MEMBER PARTICIPATING IN A PLAN 4,099
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, THE PUBLIC 4,100
EMPLOYEES RETIREMENT SYSTEM SHALL TRANSFER TO THE EMPLOYERS' 4,102
ACCUMULATION FUND A PORTION OF THE EMPLOYER CONTRIBUTION REQUIRED 4,103
UNDER SECTION 145.48 OF THE REVISED CODE. THE PORTION SHALL 4,104
EQUAL THE PERCENTAGE OF EARNABLE SALARY OF MEMBERS FOR WHOM THE 4,105
CONTRIBUTIONS ARE BEING MADE THAT IS DETERMINED BY AN ACTUARY 4,106
APPOINTED BY THE PUBLIC EMPLOYEES RETIREMENT BOARD TO BE 4,107
NECESSARY TO MITIGATE ANY NEGATIVE FINANCIAL IMPACT ON THE SYSTEM 4,108
OF MEMBERS' PARTICIPATION IN A PLAN. 4,109
THE BOARD SHALL HAVE PREPARED ANNUALLY AN ACTUARIAL STUDY 4,111
TO DETERMINE WHETHER THE PERCENTAGE TRANSFERRED UNDER THIS 4,112
SECTION SHOULD BE CHANGED TO REFLECT A CHANGE IN THE LEVEL OF 4,113
NEGATIVE FINANCIAL IMPACT RESULTING FROM MEMBERS' PARTICIPATION 4,114
IN A PLAN. THE PERCENTAGE TRANSFERRED SHALL BE INCREASED OR 4,115
DECREASED TO REFLECT THE AMOUNT NEEDED TO MITIGATE THE NEGATIVE 4,116
FINANCIAL IMPACT, IF ANY, ON THE SYSTEM, AS DETERMINED BY THE 4,117
STUDY. A CHANGE SHALL TAKE EFFECT ON THE FIRST DAY OF THE YEAR 4,118
FOLLOWING THE DATE THE CONCLUSIONS OF THE STUDY ARE REPORTED TO 4,119
THE BOARD. 4,120
THE SYSTEM SHALL MAKE THE TRANSFER REQUIRED UNDER THIS 4,122
SECTION UNTIL THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR ALL 4,123
BENEFITS, EXCEPT HEALTH CARE BENEFITS PROVIDED UNDER SECTION 4,124
145.325 OR 145.58 OF THE REVISED CODE AND BENEFIT INCREASES TO 4,125
MEMBERS AND FORMER MEMBERS PARTICIPATING IN THE PLAN DESCRIBED IN 4,126
SECTIONS 145.201 TO 145.70 OF THE REVISED CODE GRANTED AFTER THE 4,127
EFFECTIVE DATE OF THIS SECTION, IS FULLY AMORTIZED, AS DETERMINED 4,128
BY THE ANNUAL ACTUARIAL VALUATION PREPARED UNDER SECTION 145.22 4,129
OF THE REVISED CODE. 4,130
Sec. 145.88. AMOUNTS CONTRIBUTED UNDER SECTIONS 145.85 AND 4,132
93
145.86 OF THE REVISED CODE, AND ANY EARNINGS ON THOSE AMOUNTS, 4,133
SHALL BE DEPOSITED AND CREDITED IN ACCORDANCE WITH THE PLAN 4,135
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE THAT IS 4,136
SELECTED BY THE MEMBER. 4,137
Sec. 145.91. THE RIGHT OF EACH MEMBER PARTICIPATING IN A 4,139
PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE TO A 4,140
RETIREMENT, DISABILITY, SURVIVOR, OR DEATH BENEFIT, TO HEALTH OR 4,141
LONG-TERM CARE INSURANCE, OR TO A WITHDRAWAL OF ANY AMOUNTS THAT 4,142
HAVE ACCUMULATED ON THE MEMBER'S BEHALF SHALL BE GOVERNED 4,143
EXCLUSIVELY BY THE PLAN SELECTED BY THE MEMBER. 4,144
Sec. 145.92. IF A MEMBER PARTICIPATING IN A PLAN 4,146
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE IS MARRIED 4,147
AT THE TIME BENEFITS UNDER THE PLAN ARE TO COMMENCE, BEFORE 4,149
MAKING ANY PAYMENT THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, OR THE 4,150
ENTITY ADMINISTERING THE PLAN PURSUANT TO A CONTRACT WITH THE 4,152
PUBLIC EMPLOYEES RETIREMENT BOARD, SHALL OBTAIN THE CONSENT OF 4,153
THE MEMBER'S SPOUSE TO THE FORM OF PAYMENT SELECTED BY THE 4,154
MEMBER.
A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE 4,157
SHALL INCLUDE REQUIREMENTS FOR CONSENT UNDER THIS SECTION THAT 4,158
ARE THE SAME AS THE REQUIREMENTS SPECIFIED IN SECTION 417(a)(2) 4,160
OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 4,164
U.S.C.A. 417(a)(2), AS AMENDED. A PLAN MAY WAIVE CONSENT IF THE 4,165
SPOUSE CANNOT BE LOCATED OR FOR ANY OTHER REASON SPECIFIED IN THE 4,166
REGULATIONS ADOPTED UNDER THAT SECTION. 4,167
CONSENT OR WAIVER IS EFFECTIVE ONLY WITH REGARD TO THE 4,169
SPOUSE WHO IS THE SUBJECT OF THE CONSENT OR WAIVER. 4,170
Sec. 145.95. SUBJECT TO SECTIONS 145.38, 145.56, AND 4,172
145.57 OF THE REVISED CODE, THE RIGHT OF A MEMBER PARTICIPATING 4,174
IN A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE TO 4,175
ANY PAYMENT OR BENEFIT ACCRUING FROM CONTRIBUTIONS MADE BY OR ON 4,177
BEHALF OF THE MEMBER UNDER SECTIONS 145.85 AND 145.86 OF THE 4,178
REVISED CODE SHALL VEST IN ACCORDANCE WITH THIS SECTION. 4,179
A MEMBER'S RIGHT TO ANY PAYMENT OR BENEFIT THAT IS BASED ON 4,181
94
THE MEMBER'S CONTRIBUTIONS IS NONFORFEITABLE. 4,182
A MEMBER'S RIGHT TO ANY PAYMENT OR BENEFIT THAT IS BASED ON 4,184
CONTRIBUTIONS BY THE MEMBER'S EMPLOYER IS NONFORFEITABLE AS 4,185
SPECIFIED BY THE PLAN SELECTED BY THE MEMBER. 4,186
Sec. 145.97. EACH PLAN ESTABLISHED UNDER SECTION 145.81 OF 4,188
THE REVISED CODE SHALL PERMIT A MEMBER PARTICIPATING IN THE PLAN 4,190
TO DO ALL OF THE FOLLOWING: 4,191
(A) MAINTAIN ON DEPOSIT WITH THE PUBLIC EMPLOYEES 4,193
RETIREMENT SYSTEM, OR THE ENTITY ADMINISTERING THE PLAN PURSUANT 4,194
TO A CONTRACT WITH THE PUBLIC EMPLOYEES RETIREMENT BOARD, ANY 4,195
AMOUNTS THAT HAVE ACCUMULATED ON BEHALF OF THE MEMBER; 4,196
(B) IF THE MEMBER HAS WITHDRAWN THE AMOUNTS DESCRIBED IN 4,198
DIVISION (A) OF THIS SECTION, REDEPOSIT WITH THE SYSTEM OR THE 4,199
ENTITY ADMINISTERING THE PLAN THE AMOUNTS WITHDRAWN; 4,200
(C) MAKE ADDITIONAL DEPOSITS AS PERMITTED BY THE "INTERNAL 4,203
REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED. 4,205
Sec. 145.98. CONTRIBUTIONS UNDER SECTIONS 145.85 AND 4,208
145.86 OF THE REVISED CODE SHALL CEASE ON THE MEMBER'S DEATH OR 4,209
TERMINATION OF EMPLOYMENT OR FOR ANY OTHER REASON SPECIFIED BY 4,210
THE PLAN SELECTED BY THE MEMBER. 4,211
Sec. 145.71 148.01. (A) As used in sections 145.71 to 4,220
145.76 of the Revised Code THIS CHAPTER: 4,222
(1) "Eligible employee" means any public employee, as 4,224
defined in division (A) of section 145.01 of the Revised Code, 4,225
any person eligible to become a member of the public employees 4,226
retirement system under section 145.20 of the Revised Code, any 4,227
employee, as defined in division (C) of section 742.01, division 4,228
(B) of section 3309.01, or division (A) of section 5505.01 of the 4,229
Revised Code, and any member of the state teachers retirement 4,230
system. 4,231
(2) "Participant account" means any of the following 4,233
accounts: 4,234
(a) An account that is maintained by the Ohio public 4,236
employees deferred compensation board and that evidences moneys 4,237
95
that have been deferred by a continuing member or participating 4,238
employee and transmitted to the board by the retirement system of 4,239
the continuing member or participating employee; 4,240
(b) An account that is maintained by the governing board, 4,242
administrator, depository, or trustee of a deferred compensation 4,243
program of a municipal corporation and that evidences moneys that 4,244
have been deferred by an officer or employee of that municipal 4,245
corporation and transmitted to the governing board, 4,246
administrator, depository, or trustee by the retirement system of 4,247
the officer or employee or in another manner; 4,248
(c) An account that is maintained by a governing board, as 4,250
defined in section 145.74 148.06 of the Revised Code, and that 4,251
evidences moneys that have been deferred by an officer or 4,253
employee of a government unit, as defined in that section, and 4,254
transmitted to the governing board by the retirement system of 4,255
the officer or employee or in another manner. 4,256
(3) "Participating employee" means any eligible employee 4,258
who is having compensation deferred pursuant to a contract that 4,259
is executed before the compensation is earned and that is with 4,260
his THE ELIGIBLE EMPLOYEE'S employer and the Ohio public 4,261
employees deferred compensation board. 4,263
(4) "Continuing member" means any former participating 4,265
employee who is not currently having compensation deferred, or 4,266
his THE FORMER PARTICIPATING EMPLOYEE'S beneficiary, to whom 4,267
payment has not been made of all deferred compensation 4,269
distributions.
(B) Notwithstanding section 145.01 of the Revised Code, 4,271
the definitions of that section are applicable to sections 145.71 4,272
to 145.76 of the Revised Code THIS CHAPTER only to any extent 4,273
necessary to fully understand the provisions of those sections 4,275
THIS CHAPTER. Reference may also be had to Chapters 742., 3307., 4,277
3309., and 5505. of the Revised Code for that purpose. 4,278
Sec. 145.72 148.02. The Ohio public employees deferred 4,287
compensation board shall be comprised of a member of the house of 4,288
96
representatives and a member of the senate, who shall not be of 4,289
the same political party, each to be appointed to serve at the 4,290
pleasure of his THE MEMBER'S respective leadership, and the 4,291
members of the public employees retirement board as constituted 4,293
by section 145.04 of the Revised Code, who are hereby created as 4,294
a separate legal entity for the purpose of administering a 4,295
deferred compensation system for all eligible employees. The 4,296
public employees retirement board may utilize its employees and 4,297
property in the administration of the system on behalf of the 4,298
Ohio public employees deferred compensation board, in 4,299
consideration of a reasonable service charge to be applied in a 4,300
nondiscriminatory manner to all amounts of compensation deferred 4,301
under this system.
The Ohio public employees deferred compensation board may 4,303
exercise the same powers granted by section 145.09 of the Revised 4,304
Code necessary to its functions. The attorney general shall be 4,305
the legal adviser of the board. 4,306
Sec. 145.73 148.04. (A) The Ohio public employees 4,315
deferred compensation board shall initiate, plan, expedite, and, 4,316
subject to an appropriate assurance of the approval of the 4,317
internal revenue service, promulgate and offer to all eligible 4,318
employees, and thereafter administer on behalf of all 4,319
participating employees and continuing members, and alter as 4,320
required, a program for deferral of compensation, including a 4,321
reasonable number of options to the employee for the investment 4,322
of deferred funds, including life insurance, annuities, variable 4,323
annuities, pooled investment funds managed by the board, or other 4,325
forms of investment approved by the board, always in such form as 4,326
will assure the desired tax treatment of such funds. The members 4,327
of the Ohio public employees deferred compensation board are the 4,328
trustees of any deferred funds and shall discharge their duties 4,329
with respect to the funds solely in the interest of and for the
exclusive benefit of participating employees, continuing members, 4,330
and their beneficiaries. With respect to such deferred funds, 4,331
97
section 145.75 148.09 of the Revised Code shall apply to claims 4,333
against participating employees or continuing members and their 4,334
employers.
(B) Every employer of an eligible employee shall contract 4,336
with such employee upon the employee's application for 4,337
participation in a deferred compensation program offered by the 4,339
board. Every retirement system serving an eligible employee 4,340
shall serve as collection agent for compensation deferred by any 4,341
of its members and account for and deliver such sums to the 4,342
board.
(C) The board shall, subject to any applicable contract 4,344
provisions, undertake to obtain as favorable conditions of tax 4,345
treatment as possible, both in the initial programs and any 4,346
permitted alterations thereof or additions thereto, as to such 4,347
matters as terms of distribution, designation of beneficiaries, 4,348
withdrawal upon disability, financial hardship, or termination of 4,349
public employment, and other optional provisions. 4,350
(D) In no event shall the total of the amount of deferred 4,352
compensation to be set aside under a deferred compensation 4,353
program and the employee's nondeferred income for any year exceed 4,354
the total annual salary or compensation under the existing salary 4,355
schedule or classification plan applicable to such employee in 4,356
such year. 4,357
Such a deferred compensation program shall be in addition 4,359
to any retirement or any other benefit program provided by law 4,360
for employees of this state. The board shall adopt rules 4,361
pursuant to Chapter 119. of the Revised Code to provide any 4,362
necessary standards or conditions for the administration of its 4,363
programs, including any limits on the portion of a participating 4,364
employee's compensation that may be deferred in order to avoid 4,365
adverse treatment of the program by the internal revenue service 4,366
or the occurrence of deferral, withholding, or other deductions 4,367
in excess of the compensation available for any pay period. 4,368
Any income deferred under such a plan shall continue to be 4,370
98
included as regular compensation for the purpose of computing the 4,371
contributions to and benefits from the retirement system of such 4,372
employee. Any sum so deferred shall not be included in the 4,373
computation of any federal and state income taxes withheld on 4,374
behalf of any such employee. 4,375
(E) This section does not limit the authority of any 4,377
municipal corporation, county, township, park district, 4,378
conservancy district, sanitary district, health district, public 4,379
library, county law library, public institution of higher 4,380
education, or school district to provide separate authorized 4,381
plans or programs for deferring compensation of their officers 4,382
and employees in addition to the program for the deferral of 4,383
compensation offered by the board. Any municipal corporation, 4,384
public institution of higher education, or school district that 4,385
offers such plans or programs shall include a reasonable number 4,386
of options to its officers or employees for the investment of the 4,387
deferred funds, including annuities, variable annuities, 4,388
regulated investment trusts, or other forms of investment 4,389
approved by the municipal corporation, institution of higher 4,390
education, or school district, that will assure the desired tax 4,391
treatment of the funds. 4,392
Sec. 145.74 148.06. As used in this section: 4,401
(A) "Government unit" means a county, township, park 4,403
district of any kind, conservancy district, sanitary district, 4,404
health district, public library district, or county law library. 4,405
(B) "Governing board" means, in the case of the county, 4,407
the board of county commissioners; in the case of a township, the 4,408
board of township trustees; in the case of a park district, the 4,409
board of park commissioners; in the case of a conservancy 4,410
district, the district's board of directors; in the case of a 4,411
sanitary district, the district's board of directors; in the case 4,412
of a health district, the board of health; in the case of a 4,413
public library district, the board of library trustees; and in 4,414
the case of a county law library, the board of trustees of the 4,415
99
law library association. 4,416
In addition to the program of deferred compensation that 4,418
may be offered under sections 145.71 to 145.73 of the Revised 4,419
Code THIS CHAPTER, a governing board may offer to all of the 4,420
officers and employees of the government unit not to exceed two 4,422
additional programs for deferral of compensation designed for 4,423
favorable tax treatment of the compensation so deferred. Any 4,424
such program shall include a reasonable number of options to the 4,425
officer or employee for the investment of the deferred funds, 4,426
including annuities, variable annuities, regulated investment 4,427
trusts, or other forms of investment approved by the governing 4,428
board, that will assure the desired tax treatment of the funds. 4,429
Any income deferred under such a plan shall continue to be 4,431
included as regular compensation for the purpose of computing the 4,432
contributions to and benefits from the officer's or employee's 4,433
retirement system but shall not be included in the computation of 4,434
any federal and state income taxes withheld on behalf of any such 4,435
employee. 4,436
Sec. 145.75 148.09. Except as provided in sections 145.71 4,445
to 145.76, 3105.171, 3105.63, and 3113.21 of the Revised Code AND 4,447
THIS CHAPTER, a participant account or any benefit or other right 4,449
accrued or accruing to any person under sections 145.71 to 145.76 4,450
of the Revised Code THIS CHAPTER or under a deferred compensation 4,451
program offered by a government unit, as defined in section 4,452
145.74 148.06 of the Revised Code, or by a municipal corporation 4,454
shall not be subject to execution, garnishment, attachment, sale 4,455
to satisfy a judgment or order, the operation of bankruptcy or 4,456
insolvency laws, or other process of law and shall be
unassignable.
Sec. 145.76 148.10. (A) Notwithstanding any other 4,465
provision of sections 145.71 to 145.76 of the Revised Code THIS 4,467
CHAPTER, any payment, other than a survivorship benefit, that is 4,469
to be made to a person by a deferred compensation program 4,470
pursuant to those sections or a deferred compensation program 4,471
100
offered by a government unit, as defined in section 145.74 148.06 4,472
of the Revised Code, or by a municipal corporation is subject to 4,474
any withholding order issued pursuant to section 2907.15 or 4,475
division (C)(2)(b) of section 2921.41 of the Revised Code. The 4,476
Ohio public employees deferred compensation board, the governing 4,477
board, as defined in section 145.74 148.06 of the Revised Code, 4,479
that is associated with a government unit, and the governing 4,480
board, administrator, depository, or trustee of a deferred 4,481
compensation program of a municipal corporation shall comply with 4,482
that withholding order in making payment.
(B) Notwithstanding any other provision of sections 145.71 4,484
to 145.76 of the Revised Code THIS CHAPTER, if a deferred 4,485
compensation program receives a notice pursuant to section 4,487
2907.15 or division (D) of section 2921.41 of the Revised Code 4,489
that a person who has a participant account has been charged with 4,490
a violation of section 2907.02, 2907.03, 2907.04, 2907.05, or 4,491
2921.41 of the Revised Code, no payment from that account shall 4,492
be made prior to whichever of the following is applicable: 4,493
(1) If the person is convicted of or pleads guilty to the 4,495
violation and a motion for a withholding order for purposes of 4,496
restitution has not been filed under section 2907.15 or division 4,498
(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; 4,500
(2) If the person is convicted of or pleads guilty to the 4,502
violation and a motion for a withholding order for purposes of 4,503
restitution has been filed under section 2907.15 or division 4,504
(C)(2)(b)(i) of section 2921.41 of the Revised Code, the day on 4,505
which the court decides the motion; 4,507
(3) If the charge is dismissed or the person is found not 4,509
guilty or not guilty by reason of insanity of the violation, the 4,510
day on which the dismissal of the charge or the verdict is 4,511
entered in the journal of the court. 4,512
Sec. 306.45. All officers and employees of a regional 4,521
transit authority shall be considered as public employees within 4,522
101
the meaning of section 145.01 of the Revised Code and a regional 4,523
transit authority, its officers, and employees shall be subject 4,524
to sections 145.01 to 145.57, inclusive, CHAPTER 145. of the 4,525
Revised Code.
Sec. 308.15. All officers and employees of a regional 4,534
airport authority shall be considered as public employees within 4,535
the meaning of section 145.01 of the Revised Code and a regional 4,536
airport authority, its officers and employees shall be subject to 4,537
the provisions of sections 145.01 to 145.57, inclusive, CHAPTER 4,538
145. of the Revised Code. 4,539
Sec. 742.58. On the death of a member of the Ohio police 4,548
and fire pension fund who at the time of death is receiving a 4,549
retirement pension or disability benefits, a lump-sum payment of 4,551
one thousand dollars shall be paid to the member's surviving 4,553
spouse or, if there is no surviving spouse, to the beneficiary 4,554
the member designated on a form provided by the fund. If there 4,555
is no surviving spouse or designated beneficiary, the payment 4,556
shall be made to the member's estate.
Application for the payment shall be made on a form 4,558
provided by the fund.
A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE 4,560
INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY 4,561
FROM CONTRIBUTIONS MADE UNDER SECTIONS 742.33 AND 742.34 OF THE 4,562
REVISED CODE AND ANY EARNINGS ATTRIBUTABLE TO THOSE
CONTRIBUTIONS. 4,563
Sec. 2329.66. (A) Every person who is domiciled in this 4,572
state may hold property exempt from execution, garnishment, 4,573
attachment, or sale to satisfy a judgment or order, as follows: 4,574
(1)(a) In the case of a judgment or order regarding money 4,576
owed for health care services rendered or health care supplies 4,577
provided to the person or a dependent of the person, one parcel 4,578
or item of real or personal property that the person or a 4,579
dependent of the person uses as a residence. Division (A)(1)(a) 4,580
of this section does not preclude, affect, or invalidate the 4,581
102
creation under this chapter of a judgment lien upon the exempted 4,582
property but only delays the enforcement of the lien until the 4,583
property is sold or otherwise transferred by the owner or in 4,584
accordance with other applicable laws to a person or entity other 4,585
than the surviving spouse or surviving minor children of the 4,586
judgment debtor. Every person who is domiciled in this state may 4,587
hold exempt from a judgment lien created pursuant to division 4,588
(A)(1)(a) of this section the person's interest, not to exceed 4,589
five thousand dollars, in the exempted property. 4,590
(b) In the case of all other judgments and orders, the 4,592
person's interest, not to exceed five thousand dollars, in one 4,593
parcel or item of real or personal property that the person or a 4,594
dependent of the person uses as a residence. 4,595
(2) The person's interest, not to exceed one thousand 4,597
dollars, in one motor vehicle; 4,598
(3) The person's interest, not to exceed two hundred 4,600
dollars in any particular item, in wearing apparel, beds, and 4,601
bedding, and the person's interest, not to exceed three hundred 4,602
dollars in each item, in one cooking unit and one refrigerator or 4,603
other food preservation unit; 4,604
(4)(a) The person's interest, not to exceed four hundred 4,606
dollars, in cash on hand, money due and payable, money to become 4,607
due within ninety days, tax refunds, and money on deposit with a 4,608
bank, savings and loan association, credit union, public utility, 4,609
landlord, or other person. Division (A)(4)(a) of this section 4,610
applies only in bankruptcy proceedings. This exemption may 4,611
include the portion of personal earnings that is not exempt under 4,612
division (A)(13) of this section. 4,613
(b) Subject to division (A)(4)(d) of this section, the 4,615
person's interest, not to exceed two hundred dollars in any 4,616
particular item, in household furnishings, household goods, 4,617
appliances, books, animals, crops, musical instruments, firearms, 4,618
and hunting and fishing equipment, that are held primarily for 4,619
the personal, family, or household use of the person; 4,620
103
(c) Subject to division (A)(4)(d) of this section, the 4,622
person's interest in one or more items of jewelry, not to exceed 4,623
four hundred dollars in one item of jewelry and not to exceed two 4,624
hundred dollars in every other item of jewelry; 4,625
(d) Divisions (A)(4)(b) and (c) of this section do not 4,627
include items of personal property listed in division (A)(3) of 4,628
this section. 4,629
If the person does not claim an exemption under division 4,631
(A)(1) of this section, the total exemption claimed under 4,632
division (A)(4)(b) of this section shall be added to the total 4,633
exemption claimed under division (A)(4)(c) of this section, and 4,634
the total shall not exceed two thousand dollars. If the person 4,635
claims an exemption under division (A)(1) of this section, the 4,636
total exemption claimed under division (A)(4)(b) of this section 4,637
shall be added to the total exemption claimed under division 4,638
(A)(4)(c) of this section, and the total shall not exceed one 4,639
thousand five hundred dollars. 4,640
(5) The person's interest, not to exceed an aggregate of 4,642
seven hundred fifty dollars, in all implements, professional 4,643
books, or tools of the person's profession, trade, or business, 4,644
including agriculture; 4,646
(6)(a) The person's interest in a beneficiary fund set 4,648
apart, appropriated, or paid by a benevolent association or 4,649
society, as exempted by section 2329.63 of the Revised Code; 4,650
(b) The person's interest in contracts of life or 4,652
endowment insurance or annuities, as exempted by section 3911.10 4,653
of the Revised Code; 4,654
(c) The person's interest in a policy of group insurance 4,656
or the proceeds of a policy of group insurance, as exempted by 4,657
section 3917.05 of the Revised Code; 4,658
(d) The person's interest in money, benefits, charity, 4,660
relief, or aid to be paid, provided, or rendered by a fraternal 4,661
benefit society, as exempted by section 3921.18 of the Revised 4,662
Code; 4,663
104
(e) The person's interest in the portion of benefits under 4,665
policies of sickness and accident insurance and in lump-sum 4,666
payments for dismemberment and other losses insured under those 4,667
policies, as exempted by section 3923.19 of the Revised Code. 4,668
(7) The person's professionally prescribed or medically 4,670
necessary health aids; 4,671
(8) The person's interest in a burial lot, including, but 4,673
not limited to, exemptions under section 517.09 or 1721.07 of the 4,674
Revised Code; 4,675
(9) The person's interest in the following: 4,677
(a) Moneys paid or payable for living maintenance or 4,679
rights, as exempted by section 3304.19 of the Revised Code; 4,680
(b) Workers' compensation, as exempted by section 4123.67 4,683
of the Revised Code; 4,684
(c) Unemployment compensation benefits, as exempted by 4,686
section 4141.32 of the Revised Code; 4,687
(d) Cash assistance payments under the Ohio works first 4,689
program, as exempted by section 5107.75 of the Revised Code; 4,691
(e) Disability assistance payments, as exempted by section 4,693
5115.07 of the Revised Code. 4,694
(10)(a) Except in cases in which the person was convicted 4,696
of or pleaded guilty to a violation of section 2921.41 of the 4,697
Revised Code and in which an order for the withholding of 4,698
restitution from payments was issued under division (C)(2)(b) of 4,699
that section or in cases in which an order for withholding was 4,700
issued under section 2907.15 of the Revised Code, and only to the 4,701
extent provided in the order, and except as provided in sections 4,705
3105.171, 3105.63, 3111.23, and 3113.21 of the Revised Code, the 4,707
person's right to a pension, benefit, annuity, retirement 4,708
allowance, or accumulated contributions, the person's right to a 4,709
participant account in any deferred compensation program offered 4,710
by the Ohio public employees deferred compensation board, a 4,711
government unit, or a municipal corporation, or the person's 4,712
other accrued or accruing rights, as exempted by section 145.56, 4,713
105
145.75, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of 4,715
the Revised Code, and the person's right to benefits from the 4,717
Ohio public safety officers death benefit fund; 4,719
(b) Except as provided in sections 3111.23 and 3113.21 of 4,722
the Revised Code, the person's right to receive a payment under 4,723
any pension, annuity, or similar plan or contract, not including 4,724
a payment from a stock bonus or profit-sharing plan or a payment 4,725
included in division (A)(6)(b) or (10)(a) of this section, on 4,726
account of illness, disability, death, age, or length of service, 4,727
to the extent reasonably necessary for the support of the person 4,728
and any of the person's dependents, except if all the following 4,729
apply: 4,730
(i) The plan or contract was established by or under the 4,732
auspices of an insider that employed the person at the time the 4,733
person's rights under the plan or contract arose. 4,734
(ii) The payment is on account of age or length of 4,736
service. 4,737
(iii) The plan or contract is not qualified under the 4,739
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 4,740
amended. 4,741
(c) Except for any portion of the assets that were 4,743
deposited for the purpose of evading the payment of any debt and 4,744
except as provided in sections 3111.23 and 3113.21 of the Revised 4,746
Code, the person's right in the assets held in, or to receive any 4,748
payment under, any individual retirement account, individual 4,749
retirement annuity, "Roth IRA," or education individual 4,750
retirement account that provides benefits by reason of illness, 4,752
disability, death, or age, to the extent that the assets, 4,753
payments, or benefits described in division (A)(10)(c) of this 4,754
section are attributable to any of the following: 4,755
(i) Contributions of the person that were less than or 4,758
equal to the applicable limits on deductible contributions to an 4,759
individual retirement account or individual retirement annuity in 4,760
the year that the contributions were made, whether or not the 4,761
106
person was eligible to deduct the contributions on the person's 4,762
federal tax return for the year in which the contributions were 4,763
made;
(ii) Contributions of the person that were less than or 4,766
equal to the applicable limits on contributions to a Roth IRA or 4,767
education individual retirement account in the year that the 4,768
contributions were made;
(iii) Contributions of the person that are within the 4,771
applicable limits on rollover contributions under subsections 4,772
219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 4,773
408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue 4,776
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 4,778
(d) Except for any portion of the assets that were 4,781
deposited for the purpose of evading the payment of any debt and 4,782
except as provided in sections 3111.23 and 3113.21 of the Revised 4,783
Code, the person's right in the assets held in, or to receive any 4,784
payment under, any Keogh or "H.R. 10" plan that provides benefits 4,785
by reason of illness, disability, death, or age, to the extent 4,786
reasonably necessary for the support of the person and any of the 4,787
person's dependents. 4,788
(11) The person's right to receive spousal support, child 4,790
support, an allowance, or other maintenance to the extent 4,791
reasonably necessary for the support of the person and any of the 4,792
person's dependents; 4,794
(12) The person's right to receive, or moneys received 4,796
during the preceding twelve calendar months from, any of the 4,797
following: 4,798
(a) An award of reparations under sections 2743.51 to 4,800
2743.72 of the Revised Code, to the extent exempted by division 4,801
(D) of section 2743.66 of the Revised Code; 4,802
(b) A payment on account of the wrongful death of an 4,804
individual of whom the person was a dependent on the date of the 4,805
individual's death, to the extent reasonably necessary for the 4,806
support of the person and any of the person's dependents; 4,807
107
(c) Except in cases in which the person who receives the 4,809
payment is an inmate, as defined in section 2969.21 of the 4,810
Revised Code, and in which the payment resulted from a civil 4,811
action or appeal against a government entity or employee, as 4,812
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 4,814
injury, not including pain and suffering or compensation for 4,815
actual pecuniary loss, of the person or an individual for whom 4,816
the person is a dependent;
(d) A payment in compensation for loss of future earnings 4,818
of the person or an individual of whom the person is or was a 4,819
dependent, to the extent reasonably necessary for the support of 4,820
the debtor and any of the debtor's dependents. 4,821
(13) Except as provided in sections 3111.23 and 3113.21 of 4,824
the Revised Code, personal earnings of the person owed to the
person for services in an amount equal to the greater of the 4,825
following amounts: 4,826
(a) If paid weekly, thirty times the current federal 4,828
minimum hourly wage; if paid biweekly, sixty times the current 4,829
federal minimum hourly wage; if paid semimonthly, sixty-five 4,830
times the current federal minimum hourly wage; or if paid 4,831
monthly, one hundred thirty times the current federal minimum 4,832
hourly wage that is in effect at the time the earnings are 4,833
payable, as prescribed by the "Fair Labor Standards Act of 1938," 4,834
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 4,835
(b) Seventy-five per cent of the disposable earnings owed 4,837
to the person. 4,838
(14) The person's right in specific partnership property, 4,840
as exempted by division (B)(3) of section 1775.24 of the Revised 4,841
Code; 4,842
(15) A seal and official register of a notary public, as 4,844
exempted by section 147.04 of the Revised Code; 4,845
(16) The person's interest in a tuition credit or a 4,847
payment under section 3334.09 of the Revised Code pursuant to a 4,848
108
tuition credit contract, as exempted by section 3334.15 of the 4,849
Revised Code;
(17) Any other property that is specifically exempted from 4,851
execution, attachment, garnishment, or sale by federal statutes 4,852
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 4,853
U.S.C.A. 101, as amended; 4,854
(18) The person's interest, not to exceed four hundred 4,856
dollars, in any property, except that division (A)(18) of this 4,857
section applies only in bankruptcy proceedings. 4,858
(B) As used in this section: 4,860
(1) "Disposable earnings" means net earnings after the 4,862
garnishee has made deductions required by law, excluding the 4,863
deductions ordered pursuant to section 3111.23 or 3113.21 of the 4,865
Revised Code. 4,866
(2) "Insider" means: 4,868
(a) If the person who claims an exemption is an 4,870
individual, a relative of the individual, a relative of a general 4,871
partner of the individual, a partnership in which the individual 4,872
is a general partner, a general partner of the individual, or a 4,873
corporation of which the individual is a director, officer, or in 4,874
control; 4,875
(b) If the person who claims an exemption is a 4,877
corporation, a director or officer of the corporation; a person 4,878
in control of the corporation; a partnership in which the 4,879
corporation is a general partner; a general partner of the 4,880
corporation; or a relative of a general partner, director, 4,881
officer, or person in control of the corporation; 4,882
(c) If the person who claims an exemption is a 4,884
partnership, a general partner in the partnership; a general 4,885
partner of the partnership; a person in control of the 4,886
partnership; a partnership in which the partnership is a general 4,887
partner; or a relative in, a general partner of, or a person in 4,888
control of the partnership; 4,889
(d) An entity or person to which or whom any of the 4,891
109
following applies: 4,892
(i) The entity directly or indirectly owns, controls, or 4,894
holds with power to vote, twenty per cent or more of the 4,895
outstanding voting securities of the person who claims an 4,896
exemption, unless the entity holds the securities in a fiduciary 4,897
or agency capacity without sole discretionary power to vote the 4,898
securities or holds the securities solely to secure to debt and 4,899
the entity has not in fact exercised the power to vote. 4,900
(ii) The entity is a corporation, twenty per cent or more 4,902
of whose outstanding voting securities are directly or indirectly 4,903
owned, controlled, or held with power to vote, by the person who 4,904
claims an exemption or by an entity to which division 4,905
(B)(2)(d)(i) of this section applies. 4,906
(iii) A person whose business is operated under a lease or 4,908
operating agreement by the person who claims an exemption, or a 4,909
person substantially all of whose business is operated under an 4,910
operating agreement with the person who claims an exemption. 4,911
(iv) The entity operates the business or all or 4,913
substantially all of the property of the person who claims an 4,914
exemption under a lease or operating agreement. 4,915
(e) An insider, as otherwise defined in this section, of a 4,917
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 4,918
(iv) of this section applies, as if the person or entity were a 4,919
person who claims an exemption; 4,920
(f) A managing agent of the person who claims an 4,922
exemption. 4,923
(3) "Participant account" has the same meaning as in 4,925
section 145.71 148.01 of the Revised Code. 4,926
(4) "Government unit" has the same meaning as in section 4,928
145.74 148.06 of the Revised Code. 4,929
(C) For purposes of this section, "interest" shall be 4,931
determined as follows: 4,932
(1) In bankruptcy proceedings, as of the date a petition 4,934
is filed with the bankruptcy court commencing a case under Title 4,935
110
11 of the United States Code; 4,936
(2) In all cases other than bankruptcy proceedings, as of 4,938
the date of an appraisal, if necessary under section 2329.68 of 4,939
the Revised Code, or the issuance of a writ of execution. 4,940
An interest, as determined under division (C)(1) or (2) of 4,942
this section, shall not include the amount of any lien otherwise 4,943
valid pursuant to section 2329.661 of the Revised Code. 4,944
Sec. 2907.15. (A) As used in this section: 4,954
(1) "Public retirement system" means the public employees 4,957
retirement system, STATE TEACHERS RETIREMENT SYSTEM, SCHOOL
EMPLOYEES RETIREMENT SYSTEM, Ohio police and fire pension fund, 4,958
state highway patrol retirement system, or a municipal retirement 4,960
system of a municipal corporation of this state. 4,961
(2) "Government deferred compensation program" means such 4,963
a program offered by the Ohio public employees deferred 4,965
compensation board; a municipal corporation; or a governmental 4,966
unit, as defined in section 145.74 148.06 of the Revised Code. 4,967
(3) "Deferred compensation program participant" means a 4,969
"participating employee" or "continuing member," as defined in 4,970
section 145.71 148.01 of the Revised Code, or any other public 4,971
employee who has funds in a government deferred compensation 4,972
program.
(4) "Prosecutor" has the same meaning as in section 4,974
2935.01 of the Revised Code. 4,975
In any case in which a sentencing court orders restitution 4,978
to the victim under section 2929.18 of the Revised Code for a 4,979
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 4,981
compensation program participant or is a member of, or receiving 4,982
a pension, benefit, or allowance, other than a survivorship 4,984
benefit, from, a public retirement system and committed the 4,985
offense against a child, student, patient, or other person with 4,986
whom the offender had contact in the context of the offender's 4,987
public employment, at the request of the victim the prosecutor
111
shall file a motion with the sentencing court specifying the 4,989
government deferred compensation program or public retirement 4,990
system and requesting that the court issue an order requiring the 4,991
government deferred compensation program or public retirement 4,992
system to withhold the amount required as restitution from one or 4,993
more of the following: any payment to be made from a government 4,994
deferred compensation program or under a pension, annuity, 4,995
allowance, or any other benefit, other than a survivorship
benefit, that has been or is in the future granted to the 4,997
offender; from any payment of accumulated employee contributions 4,998
standing to the offender's credit with the government deferred 4,999
compensation program or public retirement system; or from any 5,000
payment of any other amounts to be paid to the offender pursuant
to Chapter 145., 148., 742., 3307., 3309., or 5505. of the 5,001
Revised Code on withdrawal of contributions. The motion may be 5,004
filed at any time subsequent to the conviction of the offender or 5,005
entry of a guilty plea. On the filing of the motion, the clerk 5,006
of the court in which the motion is filed shall notify the 5,007
offender and the government deferred compensation program or
public retirement system, in writing, of all of the following: 5,009
that the motion was filed; that the offender will be granted a 5,010
hearing on the issuance of the requested order if the offender 5,011
files a written request for a hearing with the clerk prior to the 5,012
expiration of thirty days after the offender receives the notice; 5,013
that, if a hearing is requested, the court will schedule a 5,014
hearing as soon as possible and notify the offender and the 5,015
government deferred compensation program or public retirement
system of the date, time, and place of the hearing; that, if a 5,016
hearing is conducted, it will be limited to a consideration of 5,018
whether the offender can show good cause why the order should not 5,019
be issued; that, if a hearing is conducted, the court will not 5,020
issue the order if the court determines, based on evidence 5,021
presented at the hearing by the offender, that there is good 5,022
cause for the order not to be issued; that the court will issue 5,023
112
the order if a hearing is not requested or if a hearing is 5,024
conducted but the court does not determine, based on evidence 5,025
presented at the hearing by the offender, that there is good 5,026
cause for the order not to be issued; and that, if the order is 5,028
issued, the government deferred compensation program or public
retirement system specified in the motion will be required to 5,029
withhold the amount required as restitution from payments to the 5,030
offender.
(B) In any case in which a motion requesting the issuance 5,033
of a withholding order as described in division (A) of this 5,034
section is filed, the offender may receive a hearing on the 5,035
motion by delivering a written request for a hearing to the court 5,036
prior to the expiration of thirty days after the offender's 5,037
receipt of the notice provided pursuant to division (A) of this 5,038
section. If the offender requests a hearing within the 5,040
prescribed time, the court shall schedule a hearing as soon as 5,041
possible after the request is made and notify the offender and 5,042
the government deferred compensation program or public retirement
system of the date, time, and place of the hearing. A hearing 5,043
scheduled under this division shall be limited to a consideration 5,044
of whether there is good cause, based on evidence presented by 5,045
the offender, for the requested order not to be issued. If the 5,046
court determines, based on evidence presented by the offender, 5,047
that there is good cause for the order not to be issued, the 5,048
court shall deny the motion and shall not issue the order. Good 5,050
cause for not issuing the order includes a determination by the
court that the order would severely impact the offender's ability 5,051
to support the offender's dependents. 5,052
If the offender does not request a hearing within the 5,054
prescribed time or the court conducts a hearing but does not 5,055
determine, based on evidence presented by the offender, that 5,056
there is good cause for the order not to be issued, the court 5,057
shall order the government deferred compensation program or 5,058
public retirement system to withhold the amount required as 5,059
113
restitution from one or more of the following: any payments to 5,060
be made from a government deferred compensation program or under 5,061
a pension, annuity, allowance, or under any other benefit, other 5,062
than a survivorship benefit, that has been or is in the future 5,064
granted to the offender; from any payment of accumulated employee 5,065
contributions standing to the offender's credit with the 5,066
government deferred compensation program or public retirement
system; or from any payment of any other amounts to be paid to 5,068
the offender upon withdrawal of contributions pursuant to Chapter 5,069
145., 148., 742., 3307., 3309., or 5505. of the Revised Code and 5,071
to continue the withholding for that purpose, in accordance with 5,073
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 5,074
receipt of an order issued under this division, the government 5,075
deferred compensation program or public retirement system shall 5,076
withhold the amount required as restitution, in accordance with 5,077
the order, from any such payments and immediately forward the 5,078
amount withheld to the clerk of the court in which the order was 5,079
issued for payment to the person to whom restitution is to be 5,080
made. The order shall not apply to any portion of payments made 5,081
from a government deferred compensation program or public
retirement system to a person other than the offender pursuant to 5,082
a previously issued domestic court order. 5,083
(C) Service of a notice required by division (A) or (B) of 5,086
this section shall be effected in the same manner as provided in 5,087
the Rules of Civil Procedure for the service of process. 5,089
(D) Upon the filing of charges under section 2907.02, 5,091
2907.03, 2907.04, or 2907.05 of the Revised Code against a person 5,093
who is a deferred compensation program participant or a member 5,094
of, or receiving a pension benefit, or allowance, other than a 5,095
survivorship benefit, from a public retirement system for an 5,096
offense against a child, student, patient, or other person with 5,097
whom the offender had contact in the context of the offender's 5,098
public employment, the prosecutor shall send written notice that 5,099
114
charges have been filed against that person to the appropriate
government deferred compensation program or public retirement 5,101
system. The notice shall specifically identify the person
charged.
Sec. 2921.41. (A) No public official or party official 5,110
shall commit any theft offense, as defined in division (K) of 5,111
section 2913.01 of the Revised Code, when either of the following 5,112
applies: 5,113
(1) The offender uses the offender's office in aid of 5,115
committing the offense or permits or assents to its use in aid of 5,116
committing the offense; 5,117
(2) The property or service involved is owned by this 5,119
state, any other state, the United States, a county, a municipal 5,120
corporation, a township, or any political subdivision, 5,121
department, or agency of any of them, is owned by a political 5,122
party, or is part of a political campaign fund. 5,123
(B) Whoever violates this section is guilty of theft in 5,125
office. Except as otherwise provided in this division, theft in 5,126
office is a felony of the fifth degree. If the value of property 5,127
or services stolen is five hundred dollars or more and is less 5,128
than five thousand dollars, theft in office is a felony of the 5,129
fourth degree. If the value of property or services stolen is 5,130
five thousand dollars or more, theft in office is a felony of the 5,131
third degree. 5,132
(C)(1) A public official or party official who is 5,134
convicted of or pleads guilty to theft in office is forever 5,135
disqualified from holding any public office, employment, or 5,136
position of trust in this state. 5,137
(2)(a) A court that imposes sentence for a violation of 5,139
this section based on conduct described in division (A)(2) of 5,140
this section shall require the public official or party official 5,141
who is convicted of or pleads guilty to the offense to make 5,142
restitution for all of the property or the service that is the 5,143
subject of the offense, in addition to the term of imprisonment 5,144
115
and any fine imposed. A court that imposes sentence for a 5,145
violation of this section based on conduct described in division 5,146
(A)(1) of this section and that determines at trial that this 5,147
state or a political subdivision of this state if the offender is 5,148
a public official, or a political party in the United States or 5,149
this state if the offender is a party official, suffered actual 5,150
loss as a result of the offense shall require the offender to 5,151
make restitution to the state, political subdivision, or 5,152
political party for all of the actual loss experienced, in 5,153
addition to the term of imprisonment and any fine imposed. 5,154
(b)(i) In any case in which a sentencing court is required 5,156
to order restitution under division (C)(2)(a) of this section and 5,157
in which the offender, at the time of the commission of the 5,158
offense or at any other time, was a member of the public 5,159
employees retirement system, the Ohio police and fire pension 5,161
fund, the state teachers retirement system, the school employees 5,162
retirement system, or the state highway patrol retirement system; 5,163
was an electing employee, as defined in section 3305.01 of the 5,165
Revised Code, participating in an alternative retirement plan
provided pursuant to Chapter 3305. of the Revised Code; was a 5,167
participating employee or continuing member, as defined in 5,169
section 145.71 148.01 of the Revised Code, in a deferred 5,171
compensation program offered by the Ohio public employees 5,172
deferred compensation board; was an officer or employee of a 5,174
municipal corporation who was a participant in a deferred
compensation program offered by that municipal corporation; was 5,175
an officer or employee of a government unit, as defined in 5,177
section 145.74 148.06 of the Revised Code, who was a participant 5,178
in a deferred compensation program offered by that government 5,180
unit, or was a participating employee, continuing member, or 5,181
participant in any deferred compensation program described in 5,182
this division and a member of a retirement system specified in 5,183
this division or a retirement system of a municipal corporation, 5,184
the entity to which restitution is to be made may file a motion 5,185
116
with the sentencing court specifying any retirement system, any 5,186
entity providing any benefit under an alternative retirement 5,187
plan, and any deferred compensation program of which the offender 5,188
was a member, electing employee, participating employee, 5,189
continuing member, or participant and requesting the court to 5,190
issue an order requiring the specified retirement system, the 5,191
specified entity providing the benefit under the alternative 5,192
retirement plan, or the specified deferred compensation program, 5,193
or, if more than one is specified in the motion, the applicable 5,194
combination of these, to withhold the amount required as 5,196
restitution from any payment that is to be made under a pension, 5,197
annuity, or allowance, under a participant account, as defined in 5,198
section 145.71 148.01 of the Revised Code, or under any other 5,199
type of benefit, other than a survivorship benefit, that has been 5,200
or is in the future granted to the offender, from any payment of 5,201
accumulated employee contributions standing to the offender's 5,202
credit with that retirement system, that entity providing the 5,203
payment under the alternative retirement plan, or that deferred 5,204
compensation program, or, if more than one is specified in the 5,205
motion, the applicable combination of these, and from any payment 5,207
of any other amounts to be paid to the offender upon the 5,208
offender's withdrawal of the offender's contributions pursuant to 5,209
Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised 5,211
Code. A motion described in this division may be filed at any 5,212
time subsequent to the conviction of the offender or entry of a 5,213
guilty plea. Upon the filing of the motion, the clerk of the 5,214
court in which the motion is filed shall notify the offender, the 5,215
specified retirement system, the specified entity providing the 5,216
benefit under the alternative retirement plan, or the specified 5,217
deferred compensation program, or, if more than one is specified 5,218
in the motion, the applicable combination of these, in writing, 5,220
of all of the following: that the motion was filed; that the 5,221
offender will be granted a hearing on the issuance of the 5,222
requested order if the offender files a written request for a 5,223
117
hearing with the clerk prior to the expiration of thirty days 5,224
after the offender receives the notice; that, if a hearing is 5,225
requested, the court will schedule a hearing as soon as possible 5,226
and notify the offender, any specified retirement system, any 5,227
specified entity providing any benefit under an alternative 5,228
retirement plan, and any specified deferred compensation program 5,229
of the date, time, and place of the hearing; that, if a hearing 5,230
is conducted, it will be limited only to a consideration of 5,231
whether the offender can show good cause why the requested order 5,232
should not be issued; that, if a hearing is conducted, the court 5,233
will not issue the requested order if the court determines, based 5,234
on evidence presented at the hearing by the offender, that there 5,235
is good cause for the requested order not to be issued; that the 5,236
court will issue the requested order if a hearing is not 5,237
requested or if a hearing is conducted but the court does not 5,238
determine, based on evidence presented at the hearing by the 5,239
offender, that there is good cause for the requested order not to 5,240
be issued; and that, if the requested order is issued, any 5,241
retirement system, any entity providing any benefit under an 5,242
alternative retirement plan, and any deferred compensation 5,243
program specified in the motion will be required to withhold the 5,244
amount required as restitution from payments to the offender. 5,245
(ii) In any case in which a sentencing court is required 5,247
to order restitution under division (C)(2)(a) of this section and 5,248
in which a motion requesting the issuance of a withholding order 5,249
as described in division (C)(2)(b)(i) of this section is filed, 5,250
the offender may receive a hearing on the motion by delivering a 5,251
written request for a hearing to the court prior to the 5,252
expiration of thirty days after the offender's receipt of the 5,253
notice provided pursuant to division (C)(2)(b)(i) of this 5,254
section. If a request for a hearing is made by the offender 5,255
within the prescribed time, the court shall schedule a hearing as 5,256
soon as possible after the request is made and shall notify the 5,257
offender, the specified retirement system, the specified entity 5,258
118
providing the benefit under the alternative retirement plan, or 5,259
the specified deferred compensation program, or, if more than one 5,261
is specified in the motion, the applicable combination of these, 5,263
of the date, time, and place of the hearing. A hearing scheduled 5,264
under this division shall be limited to a consideration of 5,265
whether there is good cause, based on evidence presented by the 5,266
offender, for the requested order not to be issued. If the court 5,267
determines, based on evidence presented by the offender, that 5,268
there is good cause for the order not to be issued, the court 5,269
shall deny the motion and shall not issue the requested order. 5,270
If the offender does not request a hearing within the prescribed 5,271
time or if the court conducts a hearing but does not determine, 5,272
based on evidence presented by the offender, that there is good 5,273
cause for the order not to be issued, the court shall order the 5,274
specified retirement system, the specified entity providing the 5,275
benefit under the alternative retirement plan, or the specified 5,276
deferred compensation program, or, if more than one is specified 5,277
in the motion, the applicable combination of these, to withhold 5,279
the amount required as restitution under division (C)(2)(a) of 5,280
this section from any payments to be made under a pension, 5,281
annuity, or allowance, under a participant account, as defined in 5,282
section 145.71 148.01 of the Revised Code, or under any other 5,283
type of benefit, other than a survivorship benefit, that has been 5,285
or is in the future granted to the offender, from any payment of 5,286
accumulated employee contributions standing to the offender's 5,287
credit with that retirement system, that entity providing the 5,288
benefit under the alternative retirement plan, or that deferred 5,289
compensation program, or, if more than one is specified in the 5,290
motion, the applicable combination of these, and from any payment 5,292
of any other amounts to be paid to the offender upon the 5,293
offender's withdrawal of the offender's contributions pursuant to 5,294
Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised 5,296
Code, and to continue the withholding for that purpose, in 5,297
accordance with the order, out of each payment to be made on or 5,298
119
after the date of issuance of the order, until further order of 5,299
the court. Upon receipt of an order issued under this division, 5,300
the public employees retirement system, the Ohio police and fire 5,302
pension fund, the state teachers retirement system, the school 5,303
employees retirement system, the state highway patrol retirement 5,304
system, a municipal corporation retirement system, the entity 5,305
providing the benefit under the alternative retirement plan, and 5,306
the deferred compensation program offered by the Ohio public 5,307
employees deferred compensation board, a municipal corporation, 5,308
or a government unit, as defined in section 145.74 148.06 of the 5,309
Revised Code, whichever are applicable, shall withhold the amount 5,311
required as restitution, in accordance with the order, from any 5,312
such payments and immediately shall forward the amount withheld 5,313
to the clerk of the court in which the order was issued for 5,314
payment to the entity to which restitution is to be made. 5,315
(iii) Service of a notice required by division 5,317
(C)(2)(b)(i) or (ii) of this section shall be effected in the 5,318
same manner as provided in the Rules of Civil Procedure for the 5,319
service of process. 5,320
(D) Upon the filing of charges against a person under this 5,322
section, the prosecutor, as defined in section 2935.01 of the 5,323
Revised Code, who is assigned the case shall send written notice 5,324
that charges have been filed against that person to the public 5,325
employees retirement system, the Ohio police and fire pension 5,327
fund, the state teachers retirement system, the school employees 5,328
retirement system, the state highway patrol retirement system, 5,329
the entity providing any benefit under an alternative retirement 5,330
plan, any municipal corporation retirement system in this state, 5,331
and the deferred compensation program offered by the Ohio public 5,332
employees deferred compensation board, a municipal corporation, 5,333
or a government unit, as defined in section 145.74 148.06 of the 5,334
Revised Code. The written notice shall specifically identify the 5,335
person charged.
Sec. 3105.171. (A) As used in this section: 5,344
120
(1) "Distributive award" means any payment or payments, in 5,346
real or personal property, that are payable in a lump sum or over 5,347
time, in fixed amounts, that are made from separate property or 5,348
income, and that are not made from marital property and do not 5,349
constitute payments of spousal support, as defined in section 5,350
3105.18 of the Revised Code. 5,351
(2) "During the marriage" means whichever of the following 5,353
is applicable: 5,354
(a) Except as provided in division (A)(2)(b) of this 5,356
section, the period of time from the date of the marriage through 5,357
the date of the final hearing in an action for divorce or in an 5,358
action for legal separation; 5,359
(b) If the court determines that the use of either or both 5,361
of the dates specified in division (A)(2)(a) of this section 5,362
would be inequitable, the court may select dates that it 5,363
considers equitable in determining marital property. If the 5,364
court selects dates that it considers equitable in determining 5,365
marital property, "during the marriage" means the period of time 5,366
between those dates selected and specified by the court. 5,367
(3)(a) "Marital property" means, subject to division 5,369
(A)(3)(b) of this section, all of the following: 5,370
(i) All real and personal property that currently is owned 5,372
by either or both of the spouses, including, but not limited to, 5,373
the retirement benefits of the spouses, and that was acquired by 5,374
either or both of the spouses during the marriage; 5,375
(ii) All interest that either or both of the spouses 5,377
currently has in any real or personal property, including, but 5,378
not limited to, the retirement benefits of the spouses, and that 5,379
was acquired by either or both of the spouses during the 5,380
marriage; 5,381
(iii) Except as otherwise provided in this section, all 5,383
income and appreciation on separate property, due to the labor, 5,384
monetary, or in-kind contribution of either or both of the 5,385
spouses that occurred during the marriage; 5,386
121
(iv) A participant account, as defined in section 145.71 5,388
148.01 of the Revised Code, of either of the spouses, to the 5,390
extent of the following: the moneys that have been deferred by a 5,391
continuing member or participating employee, as defined in that 5,392
section, and that have been transmitted to the Ohio public 5,393
employees deferred compensation board during the marriage and any 5,394
income that is derived from the investment of those moneys during 5,395
the marriage; the moneys that have been deferred by an officer or 5,396
employee of a municipal corporation and that have been 5,397
transmitted to the governing board, administrator, depository, or 5,398
trustee of the deferred compensation program of the municipal 5,399
corporation during the marriage and any income that is derived 5,400
from the investment of those moneys during the marriage; or the 5,401
moneys that have been deferred by an officer or employee of a 5,402
government unit, as defined in section 145.74 148.06 of the 5,403
Revised Code, and that have been transmitted to the governing 5,405
board, as defined in that section, during the marriage and any 5,406
income that is derived from the investment of those moneys during 5,407
the marriage. 5,408
(b) "Marital property" does not include any separate 5,410
property. 5,411
(4) "Passive income" means income acquired other than as a 5,413
result of the labor, monetary, or in-kind contribution of either 5,414
spouse. 5,415
(5) "Personal property" includes both tangible and 5,417
intangible personal property. 5,418
(6)(a) "Separate property" means all real and personal 5,420
property and any interest in real or personal property that is 5,421
found by the court to be any of the following: 5,422
(i) An inheritance by one spouse by bequest, devise, or 5,424
descent during the course of the marriage; 5,425
(ii) Any real or personal property or interest in real or 5,427
personal property that was acquired by one spouse prior to the 5,428
date of the marriage; 5,429
122
(iii) Passive income and appreciation acquired from 5,431
separate property by one spouse during the marriage; 5,432
(iv) Any real or personal property or interest in real or 5,434
personal property acquired by one spouse after a decree of legal 5,435
separation issued under section 3105.17 of the Revised Code; 5,436
(v) Any real or personal property or interest in real or 5,438
personal property that is excluded by a valid antenuptial 5,439
agreement; 5,440
(vi) Compensation to a spouse for the spouse's personal 5,442
injury, except for loss of marital earnings and compensation for 5,443
expenses paid from marital assets; 5,444
(vii) Any gift of any real or personal property or of an 5,446
interest in real or personal property that is made after the date 5,447
of the marriage and that is proven by clear and convincing 5,448
evidence to have been given to only one spouse. 5,449
(b) The commingling of separate property with other 5,451
property of any type does not destroy the identity of the 5,452
separate property as separate property, except when the separate 5,453
property is not traceable. 5,454
(B) In divorce proceedings, the court shall, and in legal 5,456
separation proceedings upon the request of either spouse, the 5,457
court may, determine what constitutes marital property and what 5,458
constitutes separate property. In either case, upon making such 5,459
a determination, the court shall divide the marital and separate 5,460
property equitably between the spouses, in accordance with this 5,461
section. For purposes of this section, the court has 5,462
jurisdiction over all property in which one or both spouses have 5,463
an interest. 5,464
(C)(1) Except as provided in this division or division (E) 5,466
of this section, the division of marital property shall be equal. 5,467
If an equal division of marital property would be inequitable, 5,468
the court shall not divide the marital property equally but 5,469
instead shall divide it between the spouses in the manner the 5,470
court determines equitable. In making a division of marital 5,471
123
property, the court shall consider all relevant factors, 5,472
including those set forth in division (F) of this section. 5,473
(2) Each spouse shall be considered to have contributed 5,475
equally to the production and acquisition of marital property. 5,476
(3) The court shall provide for an equitable division of 5,478
marital property under this section prior to making any award of 5,479
spousal support to either spouse under section 3105.18 of the 5,480
Revised Code and without regard to any spousal support so 5,481
awarded. 5,482
(4) If the marital property includes a participant 5,484
account, as defined in section 145.71 148.01 of the Revised Code, 5,486
the court shall not order the division or disbursement of the 5,487
moneys and income described in division (A)(3)(a)(iv) of this 5,488
section to occur in a manner that is inconsistent with the law, 5,489
rules, or plan governing the deferred compensation program 5,490
involved or prior to the time that the spouse in whose name the 5,491
participant account is maintained commences receipt of the moneys 5,492
and income credited to the account in accordance with that law, 5,493
rules, and plan. 5,494
(D) Except as otherwise provided in division (E) of this 5,496
section or by another provision of this section, the court shall 5,497
disburse a spouse's separate property to that spouse. If a court 5,498
does not disburse a spouse's separate property to that spouse, 5,499
the court shall make written findings of fact that explain the 5,500
factors that it considered in making its determination that the 5,501
spouse's separate property should not be disbursed to that 5,502
spouse. 5,503
(E)(1) The court may make a distributive award to 5,505
facilitate, effectuate, or supplement a division of marital 5,506
property. The court may require any distributive award to be 5,507
secured by a lien on the payor's specific marital property or 5,508
separate property. 5,509
(2) The court may make a distributive award in lieu of a 5,511
division of marital property in order to achieve equity between 5,512
124
the spouses, if the court determines that a division of the 5,513
marital property in kind or in money would be impractical or 5,514
burdensome. 5,515
(3) If a spouse has engaged in financial misconduct, 5,517
including, but not limited to, the dissipation, destruction, 5,518
concealment, or fraudulent disposition of assets, the court may 5,519
compensate the offended spouse with a distributive award or with 5,520
a greater award of marital property. 5,521
(F) In making a division of marital property and in 5,523
determining whether to make and the amount of any distributive 5,524
award under this section, the court shall consider all of the 5,525
following factors: 5,526
(1) The duration of the marriage; 5,528
(2) The assets and liabilities of the spouses; 5,530
(3) The desirability of awarding the family home, or the 5,532
right to reside in the family home for reasonable periods of 5,533
time, to the spouse with custody of the children of the marriage; 5,534
(4) The liquidity of the property to be distributed; 5,536
(5) The economic desirability of retaining intact an asset 5,538
or an interest in an asset; 5,539
(6) The tax consequences of the property division upon the 5,541
respective awards to be made to each spouse; 5,542
(7) The costs of sale, if it is necessary that an asset be 5,544
sold to effectuate an equitable distribution of property; 5,545
(8) Any division or disbursement of property made in a 5,547
separation agreement that was voluntarily entered into by the 5,548
spouses; 5,549
(9) Any other factor that the court expressly finds to be 5,551
relevant and equitable. 5,552
(G) In any order for the division or disbursement of 5,554
property or a distributive award made pursuant to this section, 5,555
the court shall make written findings of fact that support the 5,556
determination that the marital property has been equitably 5,557
divided and shall specify the dates it used in determining the 5,558
125
meaning of "during the marriage." 5,559
(H) Except as otherwise provided in this section, the 5,561
holding of title to property by one spouse individually or by 5,562
both spouses in a form of co-ownership does not determine whether 5,563
the property is marital property or separate property. 5,564
(I) A division or disbursement of property or a 5,566
distributive award made under this section is not subject to 5,567
future modification by the court. 5,568
(J) The court may issue any orders under this section that 5,570
it determines equitable, including, but not limited to, either of 5,571
the following types of orders: 5,572
(1) An order granting a spouse the right to use the 5,574
marital dwelling or any other marital property or separate 5,575
property for any reasonable period of time; 5,576
(2) An order requiring the sale or encumbrancing of any 5,578
real or personal property, with the proceeds from the sale and 5,579
the funds from any loan secured by the encumbrance to be applied 5,580
as determined by the court. 5,581
Sec. 3105.63. (A)(1) A petition for dissolution of 5,590
marriage shall be signed by both spouses and shall have attached 5,591
and incorporated a separation agreement agreed to by both 5,592
spouses. The separation agreement shall provide for a division 5,593
of all property; spousal support; if there are minor children of 5,594
the marriage, the allocation of parental rights and 5,595
responsibilities for the care of the minor children, the 5,596
designation of a residential parent and legal custodian of the 5,597
minor children, child support, and visitation rights; and, if the 5,598
spouses so desire, an authorization for the court to modify the 5,599
amount or terms of spousal support provided in the separation 5,600
agreement. If there are minor children of the marriage, the 5,601
spouses may address the allocation of the parental rights and 5,602
responsibilities for the care of the minor children by including 5,603
in the separation agreement a plan under which both parents will 5,604
have shared rights and responsibilities for the care of the minor 5,605
126
children. The spouses shall file the plan with the petition for 5,606
dissolution of marriage and shall include in the plan the 5,607
provisions described in division (G) of section 3109.04 of the 5,608
Revised Code. 5,609
(2) The division of property in the separation agreement 5,611
shall include any participant account, as defined in section 5,612
145.71 148.01 of the Revised Code, of either of the spouses, to 5,614
the extent of the following: 5,615
(a) The moneys that have been deferred by a continuing 5,617
member or participating employee, as defined in that section, and 5,618
that have been transmitted to the Ohio public employees deferred 5,619
compensation board during the marriage and any income that is 5,620
derived from the investment of those moneys during the marriage; 5,621
(b) The moneys that have been deferred by an officer or 5,623
employee of a municipal corporation and that have been 5,624
transmitted to the governing board, administrator, depository, or 5,625
trustee of the deferred compensation program of the municipal 5,626
corporation during the marriage and any income that is derived 5,627
from the investment of those moneys during the marriage; 5,628
(c) The moneys that have been deferred by an officer or 5,630
employee of a government unit, as defined in section 145.74 5,631
148.06 of the Revised Code, and that have been transmitted to the 5,633
governing board, as defined in that section, during the marriage 5,634
and any income that is derived from the investment of those 5,635
moneys during the marriage. 5,636
(3) The separation agreement shall not require or permit 5,638
the division or disbursement of the moneys and income described 5,639
in division (A)(2) of this section to occur in a manner that is 5,640
inconsistent with the law, rules, or plan governing the deferred 5,641
compensation program involved or prior to the time that the 5,642
spouse in whose name the participant account is maintained 5,643
commences receipt of the moneys and income credited to the 5,644
account in accordance with that law, rules, and plan. 5,645
(B) An amended separation agreement may be filed at any 5,647
127
time prior to or during the hearing on the petition for 5,648
dissolution of marriage. Upon receipt of a petition for 5,649
dissolution of marriage, the court may cause an investigation to 5,650
be made pursuant to the Rules of Civil Procedure. 5,651
(C) If a petition for dissolution of marriage contains an 5,653
authorization for the court to modify the amount or terms of 5,654
spousal support provided in the separation agreement, the 5,655
modification shall be in accordance with section 3105.18 of the 5,656
Revised Code. 5,657
Sec. 3307.661. On the death of a retirant or disability 5,666
benefit recipient who at the time of death is receiving, under 5,667
the plan described in sections 3307.50 to 3307.79 of the Revised 5,668
Code, a service retirement allowance or disability benefit, the 5,670
state teachers retirement system shall make a lump-sum payment of 5,671
one thousand dollars to any designated or qualified beneficiary 5,672
under division (D) of section 3307.562 of the Revised Code. If 5,673
there is no beneficiary, the state teachers retirement board may 5,675
approve payment to either the person responsible for the burial 5,676
expenses or to the decedent's estate following the completion of 5,677
an application on a form approved by the board. 5,678
A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE 5,680
INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY 5,681
FROM CONTRIBUTIONS MADE UNDER SECTION 3307.28 OF THE REVISED CODE 5,682
ON BEHALF OF MEMBERS PARTICIPATING IN THE PLAN DESCRIBED IN 5,683
SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE, AND ANY EARNINGS
ATTRIBUTABLE TO THOSE CONTRIBUTIONS. 5,684
Sec. 3309.50. Upon the death of a retirant or disability 5,693
benefit recipient, who at the time of death is receiving a 5,694
service retirement allowance or disability benefit from the 5,695
school employees retirement system, a lump-sum payment of one 5,696
thousand dollars shall be paid to any designated or qualified 5,697
beneficiary under division (D) of section 3309.44 of the Revised 5,698
Code, or, if no such designation has been filed or if the 5,699
designated beneficiary is deceased or is not located within 5,700
128
ninety days, the school employees retirement board may approve 5,701
payment to either the person responsible for the burial expenses 5,702
or to the decedent's estate following the completion of an 5,703
application on a form approved by the board.
A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE 5,705
INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY 5,706
FROM CONTRIBUTIONS MADE UNDER SECTION 3309.49 OF THE REVISED CODE 5,707
AND ANY EARNINGS ATTRIBUTABLE TO THOSE CONTRIBUTIONS. 5,708
Sec. 3375.411. A board of library trustees of a free 5,717
public library, appointed pursuant to the provisions of sections 5,718
3375.06, 3375.08, 3375.12, 3375.15, and 3375.22 of the Revised 5,719
Code, which has not less than seventy-five full-time employees, 5,720
and which, prior to September 16, 1943, was providing for 5,721
retirement of the employees of such library with annuities, 5,722
insurance, or other provisions, under authority granted by former 5,723
section 7889 of the General Code, may provide such retirement, 5,724
insurance, or other provisions in the same manner authorized by 5,725
former section 7889 of the General Code, as follows: the library 5,726
board of such library which has appropriated and paid the board's 5,727
portion provided in such system or plan, may continue to 5,728
appropriate and pay the board's portion provided in such system 5,729
or plan out of the funds received to the credit of such board by 5,730
taxation or otherwise. Each employee of such library who is to 5,731
be included in a system of retirement shall contribute to the 5,732
retirement fund not less than four per cent per annum of his THE 5,733
EMPLOYEE'S salary from the time of his eligibility to join the 5,735
retirement system to the time of his retirement. If a group 5,736
insurance plan is installed by any library, not less than fifty 5,737
per cent of the cost of such insurance shall be borne by the 5,738
employees included in such plan. 5,739
Provided, any employee whose employment by said library 5,741
began on or after September 16, 1943, may exempt himself SELF 5,742
from inclusion in such retirement system, or withdraw from such 5,744
retirement system. Upon such exemption or withdrawal, such 5,745
129
person shall become a member of the public employees retirement 5,746
system in accordance with sections 145.02, 145.03, and 145.28 of 5,747
the Revised Code, respectively. All employees appointed for the 5,748
first time on and after January 1, 1956 shall, for retirement 5,749
purposes, be eligible only for membership in the public employees 5,750
retirement system as provided in sections 145.01 to 145.57, 5,751
inclusive, CHAPTER 145. of the Revised Code. 5,752
A library board which provides for the retirement of its 5,754
employees with annuities, insurance, or other provisions under 5,755
the authority granted by this section may, pursuant to a board 5,756
resolution adopted within thirty days after the effective date of 5,757
this section, terminate such retirement plan. Upon the effective 5,758
date of such termination, which is specified in the resolution, 5,759
each employee covered by such retirement plan shall become a 5,760
member of the public employees retirement system. 5,761
Sec. 3381.13. All employees of a regional arts and 5,770
cultural district shall be considered public employees within the 5,771
meaning of section 145.01 of the Revised Code and its employees 5,772
shall be subject to sections 145.01 to 145.58 CHAPTER 145. of the 5,774
Revised Code.
Sec. 5505.30. On the death of a person who at the time of 5,783
death is receiving a pension from the state highway patrol 5,785
retirement system under division (A)(1) or (2) of section 5505.17 5,786
or section 5505.18 of the Revised Code, a lump-sum payment of 5,788
five thousand dollars shall be paid to the retirant's surviving 5,789
spouse. If there is no surviving spouse, the payment shall be 5,790
made to the retirant's estate. 5,791
Application for the payment shall be made on a form 5,793
provided by the state highway patrol retirement board. 5,794
A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE 5,796
INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY 5,797
FROM CONTRIBUTIONS MADE UNDER DIVISION (B) OF SECTION 5505.15 OF 5,798
THE REVISED CODE AND ANY EARNINGS ATTRIBUTABLE TO THOSE 5,799
CONTRIBUTIONS.
130
Sec. 6121.04. The Ohio water development authority may do 5,808
any or all of the following: 5,809
(A) Adopt bylaws for the regulation of its affairs and the 5,811
conduct of its business; 5,812
(B) Adopt an official seal; 5,814
(C) Maintain a principal office and suboffices at places 5,816
within the state that it designates; 5,817
(D) Sue and plead in its own name and be sued and 5,819
impleaded in its own name with respect to its contracts or torts 5,821
of its members, employees, or agents acting within the scope of 5,822
their employment, or to enforce its obligations and covenants 5,823
made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in 5,824
the court of common pleas of the county in which the principal 5,825
office of the authority is located or in the court of common 5,826
pleas of the county in which the cause of action arose, provided 5,827
that the county is located within this state, and all summonses, 5,828
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with 5,829
the person in charge thereof or with the secretary-treasurer of 5,830
the authority.
(E) Make loans and grants to governmental agencies for the 5,832
acquisition or construction of water development projects by any 5,833
such governmental agency and adopt rules and procedures for 5,834
making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, 5,836
furnish, equip, maintain, repair, operate, or lease or rent to, 5,837
or contract for operation by, a governmental agency or person, 5,838
water development projects, and establish rules for the use of 5,839
those projects;
(G) Make available the use or services of any water 5,841
development project to one or more persons, one or more 5,842
governmental agencies, or any combination thereof; 5,843
(H) Issue water development revenue bonds and notes and 5,845
131
water development revenue refunding bonds of the state, payable 5,846
solely from revenues as provided in section 6121.06 of the 5,847
Revised Code, unless the bonds are refunded by refunding bonds, 5,848
for the purpose of paying any part of the cost of one or more
water development projects or parts thereof; 5,849
(I) Acquire by gift or purchase, hold, and dispose of real 5,851
and personal property in the exercise of its powers and the 5,852
performance of its duties under this chapter; 5,853
(J) Acquire, in the name of the state, by purchase or 5,855
otherwise, on terms and in the manner that it considers proper, 5,857
or by the exercise of the right of condemnation in the manner 5,858
provided by section 6121.18 of the Revised Code, public or 5,859
private lands, including public parks, playgrounds, or 5,860
reservations, or parts thereof or rights therein, rights-of-way, 5,861
property, rights, easements, and interests that it considers 5,862
necessary for carrying out this chapter, but excluding the 5,864
acquisition by the exercise of the right of condemnation of any 5,865
waste water facility or water management facility owned by any 5,866
person or governmental agency, and compensation shall be paid for
public or private lands so taken, except that a government-owned 5,867
waste water facility may be appropriated in accordance with 5,868
section 6121.041 of the Revised Code;
(K) Adopt rules to protect augmented flow in waters of the 5,870
state, to the extent augmented by a water development project, 5,871
from depletion so it will be available for beneficial use, and to 5,872
provide standards for the withdrawal from waters of the state of 5,873
the augmented flow created by a water development project that is 5,874
not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by 5,875
the authority; 5,876
(L) Make and enter into all contracts and agreements and 5,878
execute all instruments necessary or incidental to the 5,879
performance of its duties and the execution of its powers under 5,880
this chapter in accordance with the following requirements: 5,881
132
(1) When the cost under any such contract or agreement, 5,883
other than compensation for personal services, involves an 5,884
expenditure of more than ten thousand dollars, the authority 5,885
shall make a written contract with the lowest responsive and 5,886
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two 5,887
consecutive weeks in a newspaper of general circulation in 5,888
Franklin county, and in other publications that the authority 5,889
determines, which shall state the general character of the work 5,891
and the general character of the materials to be furnished, the 5,892
place where plans and specifications therefor may be examined,
and the time and place of receiving bids, provided that a 5,893
contract or lease for the operation of a water development 5,894
project constructed and owned by the authority or an agreement 5,895
for cooperation in the acquisition or construction of a water 5,896
development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development 5,897
project that is to be leased by the authority to, and operated 5,898
by, persons who are not governmental agencies and the cost of the 5,899
project is to be amortized exclusively from rentals or other 5,900
charges paid to the authority by persons who are not governmental 5,901
agencies is not subject to the foregoing requirements and the 5,902
authority may enter into such a contract or lease or such an
agreement pursuant to negotiation and upon terms and conditions 5,903
and for the period that it finds to be reasonable and proper in 5,905
the circumstances and in the best interests of proper operation 5,907
or of efficient acquisition or construction of the project. 5,908
(2) Each bid for a contract for the construction, 5,910
demolition, alteration, repair, or reconstruction of an 5,911
improvement shall contain the full name of every person 5,912
interested in it and shall meet the requirements of section
153.54 of the Revised Code. 5,913
(3) Each bid for a contract except as provided in division 5,915
(L)(2) of this section shall contain the full name of every 5,916
133
person or company interested in it and shall be accompanied by a 5,917
sufficient bond or certified check on a solvent bank that if the 5,918
bid is accepted, a contract will be entered into and the 5,919
performance thereof secured.
(4) The authority may reject any and all bids. 5,921
(5) A bond with good and sufficient surety, approved by 5,923
the authority, shall be required of every contractor awarded a 5,924
contract except as provided in division (L)(2) of this section, 5,925
in an amount equal to at least fifty per cent of the contract 5,926
price, conditioned upon the faithful performance of the contract. 5,927
(M) Employ managers, superintendents, and other employees 5,929
and retain or contract with consulting engineers, financial 5,930
consultants, accounting experts, architects, attorneys, and other 5,931
consultants and independent contractors that are necessary in its 5,933
judgment to carry out this chapter, and fix the compensation 5,934
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under 5,935
this chapter, from revenues, or from funds appropriated for that 5,936
purpose by the general assembly. 5,937
(N) Receive and accept from any federal agency, subject to 5,939
the approval of the governor, grants for or in aid of the 5,940
construction of any water development project or for research and 5,941
development with respect to waste water or water management 5,942
facilities, and receive and accept aid or contributions from any 5,943
source of money, property, labor, or other things of value, to be 5,944
held, used, and applied only for the purposes for which the
grants and contributions are made; 5,945
(O) Engage in research and development with respect to 5,947
waste water or water management facilities; 5,948
(P) Purchase fire and extended coverage and liability 5,950
insurance for any water development project and for the principal 5,951
office and suboffices of the authority, insurance protecting the 5,952
authority and its officers and employees against liability for 5,953
damage to property or injury to or death of persons arising from 5,954
134
its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development 5,955
revenue bonds or in any trust agreement securing the same; 5,956
(Q) Charge, alter, and collect rentals and other charges 5,958
for the use or services of any water development project as 5,959
provided in section 6121.13 of the Revised Code; 5,960
(R) Provide coverage for its employees under sections 5,962
145.01 to 145.58 and Chapters 145., 4123., and 4141. of the 5,965
Revised Code;
(S) Assist in the implementation and administration of the 5,967
drinking water assistance fund and program created in section 5,968
6109.22 of the Revised Code and the water pollution control loan 5,969
fund and program created in section 6111.036 of the Revised Code, 5,970
including, without limitation, performing or providing fiscal 5,971
management for the funds and investing and disbursing moneys in
the funds, and enter into all necessary and appropriate 5,972
agreements with the director of environmental protection for 5,973
those purposes;
(T) Issue water development revenue bonds and notes of the 5,975
state in principal amounts that are necessary for the purpose of 5,976
raising moneys for the sole benefit of the water pollution 5,977
control loan fund created in section 6111.036 of the Revised 5,978
Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds 5,979
and notes may be secured by appropriate trust agreements and 5,980
repaid from moneys credited to the fund from payments of 5,981
principal and interest on loans made from the fund, as provided 5,982
in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the 5,984
state in principal amounts that are necessary for the purpose of 5,985
raising moneys for the sole benefit of the drinking water 5,986
assistance fund created in section 6109.22 of the Revised Code, 5,987
including moneys to meet the requirement for providing matching 5,988
moneys under divisions (B) and (F) of that section. The bonds
135
and notes may be secured by appropriate trust agreements and 5,989
repaid from moneys credited to the fund from payments of 5,990
principal and interest on loans made from the fund, as provided 5,991
in division (F) of section 6109.22 of the Revised Code. 5,992
(V) Make loans to and enter into agreements with boards of 5,994
county commissioners for the purposes of section 1507.071 of the 5,995
Revised Code and adopt rules establishing requirements and 5,996
procedures for making the loans and entering into the agreements; 5,997
(W) Do all acts necessary or proper to carry out the 5,999
powers expressly granted in this chapter. 6,000
Any instrument by which real property is acquired pursuant 6,002
to this section shall identify the agency of the state that has 6,003
the use and benefit of the real property as specified in section 6,004
5301.012 of the Revised Code.
Section 2. That existing sections 124.24, 145.01, 145.04, 6,006
145.05, 145.06, 145.07, 145.09, 145.12, 145.14, 145.19, 145.20, 6,007
145.21, 145.22, 145.23, 145.25, 145.26, 145.27, 145.29, 145.291, 6,008
145.297, 145.322, 145.325, 145.33, 145.331, 145.34, 145.36, 6,009
145.361, 145.38, 145.391, 145.41, 145.42, 145.45, 145.451, 6,010
145.452, 145.46, 145.47, 145.48, 145.491, 145.53, 145.55, 145.56, 6,011
145.563, 145.59, 145.71, 145.72, 145.73, 145.74, 145.75, 145.76, 6,012
306.45, 308.15, 742.58, 2329.66, 2907.15, 2921.41, 3105.171, 6,013
3105.63, 3307.661, 3309.50, 3375.411, 3381.13, 5505.30, and
6121.04 and sections 145.49, 145.50, and 145.52 of the Revised 6,016
Code are hereby repealed. 6,017
Section 3. The amendments made by this act to section 6,019
145.04 of the Revised Code do not affect the term of the retirant 6,020
member holding office on the effective date of this act. 6,021
Section 4. On and after the effective date of this act, if 6,023
necessary to ensure the integrity of the numbering of the 6,024
Administrative Code, the Director of the Legislative Service 6,025
Commission shall renumber the rules of the Ohio Deferred 6,026
Compensation Program to reflect their transfer to Chapter 148. of 6,027
the Revised Code from Chapter 145. of the Revised Code. 6,028
136
Section 5. Section 6121.04 of the Revised Code is 6,030
presented in this act as a composite of the section as amended by 6,031
both Sub. H.B. 19 and Am. S.B. 43 of the 123rd General Assembly, 6,032
with the new language of neither of the acts shown in capital 6,033
letters. This is in recognition of the principle stated in 6,034
division (B) of section 1.52 of the Revised Code that such 6,035
amendments are to be harmonized where not substantively 6,036
irreconcilable and constitutes a legislative finding that such is 6,037
the resulting version in effect prior to the effective date of 6,038
this act.