As Passed by the House                        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-OGG-GRENDELL-EVANS-SULZER-METTLER-JOLIVETTE-BUEHRER-FLANNERY-  10           

 BARRETT-D. MILLER-PERRY-WINKLER-BARNES-STEVENS-ROBINSON-HARRIS-   11           

   METZGER-A. CORE-PETERSON-YOUNG-VERICH-SALERNO-BOYD-AUSTRIA-     12           

           BENDER-GERBERRY-WIDENER-ALLEN-SMITH-BRITTON             13           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 124.24, 145.01, 145.04, 145.05,     15           

                145.06, 145.07, 145.09, 145.12, 145.14, 145.19,    16           

                145.20, 145.21, 145.22, 145.23, 145.25, 145.26,    17           

                145.27, 145.29, 145.291, 145.297, 145.322,                      

                145.325, 145.33, 145.331, 145.34, 145.36,          18           

                145.361, 145.38, 145.391, 145.41, 145.42, 145.45,  20           

                145.451, 145.452, 145.46, 145.47, 145.48,                       

                145.491, 145.55, 145.56, 145.563, 145.71, 145.72,  21           

                145.73, 145.74, 145.75, 145.76, 306.45, 308.15,                 

                742.58, 2329.66, 2907.15, 2921.41, 3105.171,       23           

                3105.63, 3307.661, 3309.50, 3375.411, 3381.13,     24           

                5505.30, and 6121.04; to amend, for the purpose    25           

                of adopting new section numbers as indicated in    26           

                parentheses, sections 145.19 (145.111), 145.491                 

                (145.49), 145.53 (145.69), 145.59 (145.70),        28           

                145.71 (148.01), 145.72 (148.02), 145.73           29           

                (148.04), 145.74 (148.06), 145.75 (148.09), and                 

                145.76 (148.10); to enact new section 145.19 and   30           

                sections 145.091, 145.171, 145.191, 145.192,       31           

                145.3213, 145.332, 145.80, 145.81, 145.811,        32           

                145.812, 145.813, 145.82, 145.85, 145.86, 145.87,  33           

                145.88, 145.91, 145.92, 145.95, 145.97, and        34           

                145.98; and to repeal sections 145.49, 145.50,                  

                                                          2      


                                                                 
                and 145.52 of the Revised Code to increase         35           

                certain benefits paid by the Public Employees                   

                Retirement System (PERS), to require PERS to       36           

                establish a defined contribution retirement plan,  37           

                and to relocate the provisions governing the Ohio               

                Deferred Compensation Program.                     39           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        40           

      Section 1.  That sections 124.24, 145.01, 145.04, 145.05,    42           

145.06, 145.07, 145.09, 145.12, 145.14, 145.19, 145.20, 145.21,    43           

145.22, 145.23, 145.25, 145.26, 145.27, 145.29, 145.291, 145.297,  44           

145.322, 145.325, 145.33, 145.331, 145.34, 145.36, 145.361,        45           

145.38, 145.391, 145.41, 145.42, 145.45, 145.451, 145.452,         47           

145.46, 145.47, 145.48, 145.491, 145.55, 145.56, 145.563, 145.71,  48           

145.72, 145.73, 145.74, 145.75, 145.76, 306.45, 308.15, 742.58,    49           

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  51           

145.19 (145.111), 145.491 (145.49), 145.53 (145.69), 145.59        53           

(145.70), 145.71 (148.01), 145.72 (148.02), 145.73 (148.04),       54           

145.74 (148.06), 145.75 (148.09), and 145.76 (148.10) be amended,  55           

for the purpose of adopting new section numbers as indicated in    56           

parentheses; and that new section 145.19 and sections 145.091,     57           

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,         59           

145.88, 145.91, 145.92, 145.95, 145.97, and 145.98 of the Revised  60           

Code be enacted to read as follows:                                61           

      Sec. 124.24.  Notwithstanding sections 124.01 to 124.64 and  70           

145.01 to 145.57 CHAPTER 145. of the Revised Code, the             72           

examinations of applicants for the position POSITIONS of deputy    73           

mine inspector, superintendent of rescue stations, assistant       74           

superintendent of rescue stations, electrical inspectors, gas      75           

storage well inspector, and mine chemists in the division of       76           

mines and reclamation, department of natural resources, as         77           

                                                          3      


                                                                 
provided in Chapters 1561., 1563., 1565., and 1567. of the         79           

Revised Code shall be provied PROVIDED for, conducted, and         80           

administered by the mine examining board created by section        81           

1561.10 of the Revised Code.                                                    

      From the returns of the examinations the mine examining      83           

board shall prepare eligible lists of the persons whose general    84           

average standing upon examinations for such grade or class is not  85           

less than the minimum fixed by the rules of said board and who     86           

are otherwise eligible.  All appointments to the said position     87           

shall be made from such eligible list in the same manner as        88           

appointments are made from eligible lists prepared by the          89           

director of administrative services.  Any person upon being        90           

appointed to fill one of the positions provided for in this        91           

section, from any such eligible list, shall have the same          92           

standing, rights, privileges, and status as other state employees  93           

in the classified service.                                         94           

      Sec. 145.01.  As used in this chapter:                       103          

      (A)  "Public employee" means:                                105          

      (1)  Any person holding an office, not elective, under the   107          

state or any county, township, municipal corporation, park         108          

district, conservancy district, sanitary district, health          109          

district, metropolitan housing authority, state retirement board,  110          

Ohio historical society, public library, county law library,                    

union cemetery, joint hospital, institutional commissary, state    111          

university, or board, bureau, commission, council, committee,      112          

authority, or administrative body as the same are, or have been,   113          

created by action of the general assembly or by the legislative    114          

authority of any of the units of local government named in         115          

division (A)(1) of this section, or employed and paid in whole or  116          

in part by the state or any of the authorities named in division   117          

(A)(1) of this section in any capacity not covered by section      119          

742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.                       

      (2)  A person who is a member of the public employees        121          

retirement system and who continues to perform the same or         123          

                                                          4      


                                                                 
similar duties under the direction of a contractor who has         124          

contracted to take over what before the date of the contract was   125          

a publicly operated function.  The governmental unit with which                 

the contract has been made shall be deemed the employer for the    126          

purposes of administering this chapter.                            127          

      (3)  Any person who is an employee of a public employer,     129          

notwithstanding that the person's compensation for that            130          

employment is derived from funds of a person or entity other than  131          

the employer.  Credit for such service shall be included as total  132          

service credit, provided that the employee makes the payments      133          

required by this chapter, and the employer makes the payments                   

required by sections 145.48 and 145.51 of the Revised Code.        134          

      In all cases of doubt, the public employees retirement       136          

board shall determine whether any person is a public employee,     137          

and its decision is final.                                                      

      (B)  "Member" means any public employee, other than a        139          

public employee excluded or exempted from membership in the        140          

retirement system by section 145.03, 145.031, 145.032, 145.033,    141          

145.034, 145.035, or 145.38 of the Revised Code.  "Member"         142          

includes a PERS retirant who becomes a member under division                    

(C)(2) of section 145.38 of the Revised Code.  "Member" also       143          

includes a disability benefit recipient.                           144          

      (C)  "Head of the department" means the elective or          146          

appointive head of the several executive, judicial, and            147          

administrative departments, institutions, boards, and commissions  148          

of the state and local government as the same are created and      149          

defined by the laws of this state or, in case of a charter                      

government, by that charter.                                       150          

      (D)  "Employer" or "public employer" means the state or any  152          

county, township, municipal corporation, park district,            153          

conservancy district, sanitary district, health district,          154          

metropolitan housing authority, state retirement board, Ohio                    

historical society, public library, county law library, union      155          

cemetery, joint hospital, institutional commissary, state medical  156          

                                                          5      


                                                                 
college, state university, or board, bureau, commission, council,  157          

committee, authority, or administrative body as the same are, or   158          

have been, created by action of the general assembly or by the     159          

legislative authority of any of the units of local government                   

named in this division not covered by section 742.01, 3307.01 or,  161          

3309.01, OR 5505.01 of the Revised Code.  In addition, "employer"  163          

means the employer of any public employee.                                      

      (E)  "Prior service" means all service as a public employee  165          

rendered before January 1, 1935, and all service as an employee    166          

of any employer who comes within the state teachers retirement     167          

system or of the school employees retirement system or of any      168          

other retirement system established under the laws of this state   169          

rendered prior to January 1, 1935, provided that if the employee                

claiming the service was employed in any capacity covered by that  170          

other system after that other system was established, credit for   171          

the service may be allowed by the public employees retirement      172          

system only when the employee has made payment, to be computed on  173          

the salary earned from the date of appointment to the date         174          

membership was established in the public employees retirement                   

system, at the rate in effect at the time of payment, and the      175          

employer has made payment of the corresponding full liability as   176          

provided by section 145.44 of the Revised Code.  "Prior service"   177          

also means all service credited for active duty with the armed     178          

forces of the United States as provided in section 145.30 of the   179          

Revised Code.                                                                   

      If an employee who has been granted prior service credit by  181          

the public employees retirement system for service rendered prior  182          

to January 1, 1935, as an employee of a board of education         183          

establishes, before retirement, one year or more of contributing   184          

service in the state teachers retirement system or school          185          

employees retirement system, then the prior service ceases to be                

the liability of this system.                                      186          

      If the board determines that a position of any member in     188          

any calendar year prior to January 1, 1935, was a part-time        189          

                                                          6      


                                                                 
position, the board shall determine what fractional part of a      190          

year's credit shall be allowed by the following formula:           191          

      (1)  When the member has been either elected or appointed    193          

to an office the term of which was two or more years and for       194          

which an annual salary is established, the fractional part of the  195          

year's credit shall be computed as follows:                        196          

      First, when the member's annual salary is one thousand       198          

dollars or less, the service credit for each such calendar year    199          

shall be forty per cent of a year.                                              

      Second, for each full one hundred dollars of annual salary   201          

above one thousand dollars, the member's service credit for each   202          

such calendar year shall be increased by two and one-half per      203          

cent.                                                                           

      (2)  When the member is paid on a per diem basis, the        205          

service credit for any single year of the service shall be         206          

determined by using the number of days of service for which the    207          

compensation was received in any such year as a numerator and      208          

using two hundred fifty days as a denominator.                                  

      (3)  When the member is paid on an hourly basis, the         210          

service credit for any single year of the service shall be         211          

determined by using the number of hours of service for which the   212          

compensation was received in any such year as a numerator and      213          

using two thousand hours as a denominator.                                      

      (F)  "Contributor" means any person who has an account in    215          

the employees' savings fund created by section 145.23 of the       216          

Revised Code.  WHEN USED IN THE SECTIONS LISTED IN DIVISION (B)    217          

OF SECTION 145.82 OF THE REVISED CODE, "CONTRIBUTOR" INCLUDES ANY  218          

PERSON PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 145.81    219          

OF THE REVISED CODE.                                               220          

      (G)  "Beneficiary" or "beneficiaries" means the estate or a  222          

person or persons who, as the result of the death of a member,     223          

contributor, or retirant, qualify for or are receiving some right  224          

or benefit under this chapter.                                                  

      (H)(1)  "Total service credit," except as provided in        226          

                                                          7      


                                                                 
section 145.37 of the Revised Code, means all service credited to  227          

a member of the retirement system since last becoming a member,    228          

including restored service credit as provided by section 145.31    229          

of the Revised Code; credit purchased under sections 145.293 and   230          

145.299 of the Revised Code; all the member's prior service                     

credit; all the member's military service credit computed as       231          

provided in this chapter; all service credit established pursuant  232          

to section 145.297 of the Revised Code; and any other service      233          

credited under this chapter.  In addition, "total service credit"  234          

includes any period, not in excess of three years, during which a  235          

member was out of service and receiving benefits under Chapters                 

4121. and 4123. of the Revised Code.  For the exclusive purpose    236          

of satisfying the service credit requirement and of determining    237          

eligibility for benefits under sections 145.32, 145.33, 145.331,   238          

145.35, 145.36, and 145.361 of the Revised Code, "five or more     239          

years of total service credit" means sixty or more calendar        240          

months of contributing service in this system.                                  

      (2)  "One and one-half years of contributing service         242          

credit," as used in division (B) of section 145.45 of the Revised  243          

Code, also means eighteen or more calendar months of employment    244          

by a municipal corporation that formerly operated its own          245          

retirement plan for its employees or a part of its employees,      246          

provided that all employees of that municipal retirement plan who  247          

have eighteen or more months of such employment, upon              248          

establishing membership in the public employees retirement         249          

system, shall make a payment of the contributions they would have  250          

paid had they been members of this system for the eighteen months  251          

of employment preceding the date membership was established.       252          

When that payment has been made by all such employee members, a    254          

corresponding payment shall be paid into the employers'            255          

accumulation fund by that municipal corporation as the employer    256          

of the employees.                                                  257          

      (3)  Where a member also is a member of the state teachers   259          

retirement system or the school employees retirement system, or    260          

                                                          8      


                                                                 
both, except in cases of retirement on a combined basis pursuant   261          

to section 145.37 of the Revised Code, service credit for any      262          

period shall be credited on the basis of the ratio that                         

contributions to the public employees retirement system bear to    264          

total contributions in all state retirement systems.               265          

      (4)  Not more than one year of credit may be given for any   267          

period of twelve months.                                           268          

      (5)  "Ohio service credit" means credit for service that     270          

was rendered to the state or any of its political subdivisions or  271          

any employer.                                                                   

      (I)  "Regular or current interest" means interest at any     273          

rates for the respective funds and accounts as the public          274          

employees retirement board may determine from time to time,        275          

except as follows:                                                              

      (1)  Subsequent to December 31, 1958, the retirement board   277          

shall discontinue the annual crediting of current interest to the  278          

individual accounts of contributors.  The noncrediting of current  279          

interest shall not affect the rate of interest at retirement       280          

guaranteed under division (I) of this section.                     281          

      (2)  The rate of interest credited on a contributor's        283          

contributions at retirement shall be four per cent per annum,      284          

compounded annually, to and including December 31, 1955; three     285          

per cent per annum, compounded annually, from January 1, 1956, to  286          

and including December 31, 1963; three and one-quarter per cent    287          

per annum, compounded annually, from January 1, 1964, to and       288          

including December 31, 1969; and thereafter four per cent per                   

annum, compounded annually.                                        289          

      In determining the reserve value for the purpose of          291          

computing the amount of the contributor's annuity, the rate of     292          

interest used in the annuity values shall be four per cent per     293          

annum, compounded annually, for contributors retiring before       294          

October 1, 1956, and after December 31, 1969; three per cent per   295          

annum, compounded annually, for contributors retiring between      297          

October 1, 1956, and December 31, 1963; and three and one-quarter  298          

                                                          9      


                                                                 
per cent per annum, compounded annually, for contributors          299          

retiring from January 1, 1964, to December 31, 1969.  Interest on  300          

contributions from contributors within any one calendar year       301          

shall begin on the first day of the calendar year next following   302          

and shall be computed at the end of each calendar year, except in  303          

the case of a contributor who retires before the end of the year.  304          

      (J)  "Accumulated contributions" means the sum of all        306          

amounts credited to a contributor's individual account in the      307          

employees' savings fund together with any current interest         308          

thereon, but does not include the interest adjustment at           309          

retirement.                                                        310          

      (K)(1)  "Final average salary" means the quotient obtained   312          

by dividing by three the sum of the three full calendar years of   313          

contributing service in which the member's earnable salary was     314          

highest, except that if the member has a partial year of           315          

contributing service in the year the member's employment           316          

terminates and the member's earnable salary for the partial year   317          

is higher than for any comparable period in the three years, the   318          

member's earnable salary for the partial year shall be             319          

substituted for the member's earnable salary for the comparable    320          

period during the three years in which the member's earnable       321          

salary was lowest.                                                              

      (2)  If a member has less than three years of contributing   323          

service, the member's final average salary shall be the member's   324          

total earnable salary divided by the total number of years,        325          

including any fraction of a year, of the member's contributing     326          

service.                                                                        

      (3)  For the purpose of calculating benefits payable to a    328          

member qualifying for service credit under division (Z) of this    329          

section, "final average salary" means the total earnable salary    330          

on which contributions were made divided by the total number of    331          

years during which contributions were made, including any          332          

fraction of a year.  If contributions were made for less than      333          

twelve months, "final average salary" means the member's total     334          

                                                          10     


                                                                 
earnable salary.                                                   335          

      (L)  "Annuity" means payments for life derived from          337          

contributions made by a contributor and paid from the annuity and  338          

pension reserve fund as provided in this chapter.  All annuities   339          

shall be paid in twelve equal monthly installments.                340          

      (M)  "Annuity reserve" means the present value, computed     342          

upon the basis of the mortality and other tables adopted by the    343          

board, of all payments to be made on account of any annuity, or    344          

benefit in lieu of any annuity, granted to a retirant as provided  345          

in this chapter.                                                                

      (N)(1)  "Disability retirement" means retirement as          347          

provided in section 145.36 of the Revised Code.                    348          

      (2)  "Disability allowance" means an allowance paid on       350          

account of disability under section 145.361 of the Revised Code.   351          

      (3)  "Disability benefit" means a benefit paid as            353          

disability retirement under section 145.36 of the Revised Code,    354          

as a disability allowance under section 145.361 of the Revised     355          

Code, or as a disability benefit under section 145.37 of the       356          

Revised Code.                                                                   

      (4)  "Disability benefit recipient" means a member who is    358          

receiving a disability benefit.                                    359          

      (O)  "Age and service retirement" means retirement as        361          

provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and  362          

145.46 of the Revised Code.                                                     

      (P)  "Pensions" means annual payments for life derived from  364          

contributions made by the employer that at the time of retirement  365          

are credited into the annuity and pension reserve fund from the    366          

employers' accumulation fund and paid from the annuity and         367          

pension reserve fund as provided in this chapter.  All pensions    368          

shall be paid in twelve equal monthly installments.                             

      (Q)  "Retirement allowance" means the pension plus that      370          

portion of the benefit derived from contributions made by the      371          

member.                                                                         

      (R)(1)  Except as otherwise provided in division (R) of      374          

                                                          11     


                                                                 
this section, "earnable salary" means all salary, wages, and       375          

other earnings paid to a contributor by reason of employment in a  376          

position covered by the retirement system.  The salary, wages,                  

and other earnings shall be determined prior to determination of   377          

the amount required to be contributed to the employees' savings    378          

fund under section 145.47 of the Revised Code and without regard   379          

to whether any of the salary, wages, or other earnings are         380          

treated as deferred income for federal income tax purposes.        381          

"Earnable salary" includes the following:                                       

      (a)  Payments made by the employer in lieu of salary,        383          

wages, or other earnings for sick leave, personal leave, or        384          

vacation used by the contributor;                                               

      (b)  Payments made by the employer for the conversion of     386          

sick leave, personal leave, and vacation leave accrued, but not    387          

used if the payment is made during the year in which the leave is  389          

accrued, except that payments made pursuant to section 124.383 or  390          

124.386 of the Revised Code are not earnable salary;                            

      (c)  Allowances paid by the employer for full maintenance,   392          

consisting of housing, laundry, and meals, as certified to the     393          

retirement board by the employer or the head of the department     394          

that employs the contributor;                                                   

      (d)  Fees and commissions paid under section 507.09 of the   396          

Revised Code;                                                                   

      (e)  Payments that are made under a disability leave         398          

program sponsored by the employer and for which the employer is    399          

required by section 145.296 of the Revised Code to make periodic   400          

employer and employee contributions;                                            

      (f)  Amounts included pursuant to divisions (K)(3) and (Y)   402          

of this section.                                                                

      (2)  "Earnable salary" does not include any of the           404          

following:                                                                      

      (a)  Fees and commissions, other than those paid under       406          

section 507.09 of the Revised Code, paid as sole compensation for  407          

personal services and fees and commissions for special services    408          

                                                          12     


                                                                 
over and above services for which the contributor receives a       409          

salary;                                                                         

      (b)  Amounts paid by the employer to provide life            411          

insurance, sickness, accident, endowment, health, medical,         412          

hospital, dental, or surgical coverage, or other insurance for     413          

the contributor or the contributor's family, or amounts paid by    414          

the employer to the contributor in lieu of providing the                        

insurance;                                                                      

      (c)  Incidental benefits, including lodging, food, laundry,  416          

parking, or services furnished by the employer, or use of the      417          

employer's property or equipment, or amounts paid by the employer  418          

to the contributor in lieu of providing the incidental benefits;   419          

      (d)  Reimbursement for job-related expenses authorized by    421          

the employer, including moving and travel expenses and expenses    422          

related to professional development;                               423          

      (e)  Payments for accrued but unused sick leave, personal    425          

leave, or vacation that are made at any time other than in the     427          

year in which the sick leave, personal leave, or vacation was      428          

accrued;                                                                        

      (f)  Payments made to or on behalf of a contributor that     430          

are in excess of the annual compensation that may be taken into    431          

account by the retirement system under division (a)(17) of         432          

section 401 of the "Internal Revenue Code of 1986," 100 Stat.      433          

2085, 26 U.S.C.A. 401(a)(17), as amended;                                       

      (g)  Payments made under division (B) or (D) of section      435          

5923.05 of the Revised Code or Section 4 of Substitute Senate      436          

Bill No. 3 of the 119th general assembly;                          437          

      (h)  Anything of value received by the contributor that is   439          

based on or attributable to retirement or an agreement to retire,  440          

except that payments made on or before January 1, 1989, that are   441          

based on or attributable to an agreement to retire shall be        442          

included in earnable salary if both of the following apply:        443          

      (i)  The payments are made in accordance with contract       445          

provisions that were in effect prior to January 1, 1986;           446          

                                                          13     


                                                                 
      (ii)  The employer pays the retirement system an amount      448          

specified by the retirement board equal to the additional          449          

liability resulting from the payments.                             450          

      (3)  The retirement board shall determine by rule whether    452          

any compensation not enumerated in division (R) of this section    453          

is earnable salary, and its decision shall be final.               455          

      (S)  "Pension reserve" means the present value, computed     457          

upon the basis of the mortality and other tables adopted by the    458          

board, of all payments to be made on account of any retirement     459          

allowance or benefit in lieu of any retirement allowance, granted  460          

to a member or beneficiary under this chapter.                                  

      (T)(1)  "Contributing service" means all service credited    462          

to a member of the system since January 1, 1935, for which         463          

contributions are made as required by sections 145.47, 145.48,     464          

and 145.483 of the Revised Code.  In any year subsequent to 1934,  465          

credit for any service shall be allowed by the following formula:  466          

      (a)  For each month for which the member's earnable salary   468          

is two hundred fifty dollars or more, allow one month's credit.    469          

      (b)  For each month for which the member's earnable salary   471          

is less than two hundred fifty dollars, allow a fraction of a      472          

month's credit.  The numerator of this fraction shall be the       473          

earnable salary during the month, and the denominator shall be     474          

two hundred fifty dollars, except that if the member's annual      475          

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  476          

calendar year of employment during which the member worked each    477          

month.  Division (T)(1)(b) of this section shall not reduce any    479          

credit earned before January 1, 1985.                                           

      (2)  Notwithstanding division (T)(1) of this section, an     481          

elected official who prior to January 1, 1980, was granted a full  482          

year of credit for each year of service as an elected official     483          

shall be considered to have earned a full year of credit for each  484          

year of service regardless of whether the service was full-time    485          

or part-time.  The public employees retirement board has no                     

                                                          14     


                                                                 
authority to reduce the credit.                                    486          

      (U)  "State retirement board" means the public employees     488          

retirement board, the school employees retirement board, or the    489          

state teachers retirement board.                                                

      (V)  "Retirant" means any former member who retires and is   491          

receiving a monthly allowance as provided in sections 145.32,      492          

145.33, 145.331, 145.34, and 145.46 of the Revised Code.           493          

      (W)  "Employer contribution" means the amount paid by an     495          

employer as determined by the employer rate including the normal   496          

and deficiency contribution rates UNDER SECTION 145.48 OF THE      497          

REVISED CODE.                                                      498          

      (X)  "Public service terminates" means the last day for      500          

which a public employee is compensated for services performed for  501          

an employer or the date of the employee's death, whichever occurs  502          

first.                                                                          

      (Y)  When a member has been elected or appointed to an       504          

office, the term of which is two or more years, for which an       505          

annual salary is established, and in the event that the salary of  506          

the office is increased and the member is denied the additional    507          

salary by reason of any constitutional provision prohibiting an                 

increase in salary during a term of office, the member may elect   508          

to have the amount of the member's contributions calculated upon   509          

the basis of the increased salary for the office.  At the          510          

member's request, the board shall compute the total additional     511          

amount the member would have contributed, or the amount by which   512          

each of the member's contributions would have increased, had the   513          

member received the increased salary for the office the member                  

holds.  If the member elects to have the amount by which the       514          

member's contribution would have increased withheld from the       515          

member's salary, the member shall notify the employer, and the     516          

employer shall make the withholding and transmit it to the                      

retirement system.  A member who has not elected to have that      517          

amount withheld may elect at any time to make a payment to the     518          

retirement system equal to the additional amount the member's      519          

                                                          15     


                                                                 
contribution would have increased, plus interest on that           520          

contribution, compounded annually at a rate established by the     521          

board and computed from the date on which the last contribution                 

would have been withheld from the member's salary to the date of   522          

payment.  A member may make a payment for part of the period for   523          

which the increased contribution was not withheld, in which case   524          

the interest shall be computed from the date the last              525          

contribution would have been withheld for the period for which                  

the payment is made.  Upon the payment of the increased            526          

contributions as provided in this division, the increased annual   527          

salary as provided by law for the office for the period for which  528          

the member paid increased contributions thereon shall be used in   529          

determining the member's earnable salary for the purpose of        530          

computing the member's final average salary.                                    

      (Z)  "Five years of service credit," for the exclusive       532          

purpose of satisfying the service credit requirements and of       533          

determining eligibility for benefits under section 145.33 of the   534          

Revised Code, means employment covered under this chapter or       535          

under a former retirement plan operated, recognized, or endorsed                

by the employer prior to coverage under this chapter or under a    536          

combination of the coverage.                                       538          

      (AA)  "Deputy sheriff" means any person who is commissioned  540          

and employed as a full-time peace officer by the sheriff of any    541          

county, and has been so employed since on or before December 31,   542          

1965, and whose primary duties are to preserve the peace, to       543          

protect life and property, and to enforce the laws of this state;  544          

any person who is or has been commissioned and employed as a                    

peace officer by the sheriff of any county since January 1, 1966,  545          

and who has received a certificate attesting to the person's       546          

satisfactory completion of the peace officer training school as    547          

required by section 109.77 of the Revised Code and whose primary   548          

duties are to preserve the peace, protect life and property, and   549          

enforce the laws of this state; or any person deputized by the                  

sheriff of any county and employed pursuant to section 2301.12 of  550          

                                                          16     


                                                                 
the Revised Code as a criminal bailiff or court constable who has  551          

received a certificate attesting to the person's satisfactory      552          

completion of the peace officer training school as required by     553          

section 109.77 of the Revised Code and whose primary duties are    554          

to preserve the peace, protect life and property, and enforce the  555          

laws of this state.                                                             

      (BB)  "Township constable or police officer in a township    557          

police department or district" means any person who is             558          

commissioned and employed as a full-time peace officer pursuant    559          

to Chapter 505. or 509. of the Revised Code, who has received a    560          

certificate attesting to the person's satisfactory completion of                

the peace officer training school as required by section 109.77    561          

of the Revised Code, and whose primary duties are to preserve the  562          

peace, protect life and property, and enforce the laws of this     563          

state.                                                                          

      (CC)  "Drug agent" means any person who is either of the     565          

following:                                                                      

      (1)  Employed full-time as a narcotics agent by a county     567          

narcotics agency created pursuant to section 307.15 of the         568          

Revised Code and has received a certificate attesting to the       569          

satisfactory completion of the peace officer training school as    570          

required by section 109.77 of the Revised Code;                                 

      (2)  Employed full-time as an undercover drug agent as       572          

defined in section 109.79 of the Revised Code and is in            573          

compliance with section 109.77 of the Revised Code.                574          

      (DD)  "Department of public safety enforcement agent" means  576          

a full-time employee of the department of public safety who is     578          

designated under section 5502.14 of the Revised Code as an         580          

enforcement agent and who is in compliance with section 109.77 of  582          

the Revised Code.                                                               

      (EE)  "Natural resources law enforcement staff officer"      584          

means a full-time employee of the department of natural resources  585          

who is designated a natural resources law enforcement staff        586          

officer under section 1501.013 of the Revised Code and is in       589          

                                                          17     


                                                                 
compliance with section 109.77 of the Revised Code.                             

      (FF)  "Park officer" means a full-time employee of the       591          

department of natural resources who is designated a park officer   593          

under section 1541.10 of the Revised Code and is in compliance     594          

with section 109.77 of the Revised Code.                                        

      (GG)  "Forest officer" means a full-time employee of the     596          

department of natural resources who is designated a forest         598          

officer under section 1503.29 of the Revised Code and is in        599          

compliance with section 109.77 of the Revised Code.                             

      (HH)  "Preserve officer" means a full-time employee of the   602          

department of natural resources who is designated a preserve       603          

officer under section 1517.10 of the Revised Code and is in        605          

compliance with section 109.77 of the Revised Code.                607          

      (II)  "Wildlife officer" means a full-time employee of the   609          

department of natural resources who is designated a wildlife       611          

officer under section 1531.13 of the Revised Code and is in        612          

compliance with section 109.77 of the Revised Code.                613          

      (JJ)  "State watercraft officer" means a full-time employee  616          

of the department of natural resources who is designated a state   617          

watercraft officer under section 1547.521 of the Revised Code and  618          

is in compliance with section 109.77 of the Revised Code.          619          

      (KK)  "Park district police officer" means a full-time       621          

employee of a park district who is designated pursuant to section  623          

511.232 or 1545.13 of the Revised Code and is in compliance with   624          

section 109.77 of the Revised Code.                                             

      (LL)  "Conservancy district officer" means a full-time       626          

employee of a conservancy district who is designated pursuant to   628          

section 6101.75 of the Revised Code and is in compliance with      629          

section 109.77 of the Revised Code.                                             

      (MM)  "Municipal police officer" means a member of the       631          

organized police department of a municipal corporation who is      633          

employed full-time, is in compliance with section 109.77 of the    634          

Revised Code, and is not a member of the Ohio police and fire      635          

pension fund.                                                      636          

                                                          18     


                                                                 
      (NN)  "Ohio veterans' home police officer" means any person  639          

who is employed at the Ohio veterans' home as a police officer     640          

pursuant to section 5907.02 of the Revised Code and is in          641          

compliance with section 109.77 of the Revised Code.                             

      (OO)  "Special police officer for a mental health            643          

institution" means any person who is designated as such pursuant   645          

to section 5119.14 of the Revised Code and is in compliance with   646          

section 109.77 of the Revised Code.                                             

      (PP)  "Special police officer for an institution for the     648          

mentally retarded and developmentally disabled" means any person   650          

who is designated as such pursuant to section 5123.13 of the       651          

Revised Code and is in compliance with section 109.77 of the       652          

Revised Code.                                                                   

      (QQ)  "State university law enforcement officer" means any   654          

person who is employed full-time as a state university law         656          

enforcement officer pursuant to section 3345.04 of the Revised     657          

Code and who is in compliance with section 109.77 of the Revised   658          

Code.                                                                           

      (RR)  "Hamilton county municipal court bailiff" means a      660          

person appointed by the clerk of courts of the Hamilton county     662          

municipal court under division (A)(3) of section 1901.32 of the    663          

Revised Code who is employed full-time as a bailiff or deputy      664          

bailiff, who has received a certificate attesting to the person's  665          

satisfactory completion of the peace officer training school as                 

required by division (C) of section 109.77 of the Revised Code,    666          

and whose primary duties are to preserve the peace, to protect     667          

life and property, and to enforce the laws of this state.          668          

      (SS)  Notwithstanding section 2901.01 of the Revised Code,   670          

"law enforcement officer" means a sheriff, deputy sheriff,         672          

township constable or police officer in a township police          673          

department or district, drug agent, department of public safety    674          

enforcement agent, natural resources law enforcement staff                      

officer, park officer, forest officer, preserve officer, wildlife  676          

officer, state watercraft officer, park district police officer,   677          

                                                          19     


                                                                 
conservancy district officer, Ohio veterans' home police officer,  678          

special police officer for a mental health institution, special    679          

police officer for an institution for the mentally retarded and    680          

developmentally disabled, state university law enforcement                      

officer, Hamilton county municipal court bailiff, or municipal     681          

police officer.                                                                 

      (TT)  "Fiduciary" means a person who does any of the         683          

following:                                                         684          

      (1)  Exercises any discretionary authority or control with   686          

respect to the management of the system or with respect to the     687          

management or disposition of its assets;                           688          

      (2)  Renders investment advice for a fee, direct or          690          

indirect, with respect to money or property of the system;         691          

      (3)  Has any discretionary authority or responsibility in    693          

the administration of the system.                                  694          

      (UU)  "Actuary" means an individual who satisfies all of     696          

the following requirements:                                        698          

      (1)  Is a member of the American academy of actuaries;       700          

      (2)  Is an associate or fellow of the society of actuaries;  702          

      (3)  Has a minimum of five years' experience in providing    704          

actuarial services to public retirement plans.                     705          

      Sec. 145.04.  The general administration and management of   714          

the public employees retirement system and the making effective    715          

of sections 145.01 to 145.59 CHAPTER 145. of the Revised Code,     717          

are hereby vested in a board to be known as the "public employees  718          

retirement board," which shall consist of nine members as          719          

follows:                                                                        

      (A)  The attorney general;                                   721          

      (B)  The auditor of state;                                   723          

      (C)  The director of administrative services;                725          

      (D)  Five members, known as employee members, one of whom    727          

shall be a state employee member of the system, who shall be       728          

elected by ballot by the state employee members of the system      729          

from among their number; another of whom shall be a county         730          

                                                          20     


                                                                 
employee member of the system, who shall be elected by ballot by   731          

the county employee members of the system from among their         732          

number; another of whom shall be a municipal employee member of    733          

the system, who shall be elected by ballot by the municipal        734          

employee members of the system from among their number; another    735          

of whom shall be a university or college employee member of the    736          

system, who shall be elected by ballot by the university and       737          

college employee members of the system from among their number;    738          

and another of whom shall be a park district, conservancy          739          

district, sanitary district, health district, public library,      740          

township, metropolitan housing authority, union cemetery, joint    741          

hospital, or institutional commissary employee member of the       742          

system, who shall be elected by ballot by the park district,       743          

conservancy district, sanitary district, health district,          744          

metropolitan housing authority, township, public library, union    745          

cemetery, joint hospital, and institutional commissary employee    746          

members of the system from among their number, in a manner to be   747          

approved by the board.  Members of the system who are receiving a  748          

disability benefit under this chapter are ineligible for           749          

membership on the board as employee members.                       750          

      (E)  One member, known as the retirant member, who shall be  752          

a former member of the public employees retirement system who is   753          

A RESIDENT OF THIS STATE AND a recipient of AGE AND service        754          

retirement benefits under this chapter and a resident of this      756          

state, or a member of the system who is a recipient of a           757          

disability benefit under this chapter and a resident of this       758          

state, OR BENEFITS PAID UNDER A PLAN ESTABLISHED UNDER SECTION     759          

145.81 OF THE REVISED CODE.  The retirant member shall be elected  760          

by ballot by former members of the system who are receiving AGE    761          

AND service retirement benefits under this chapter and members of  763          

the system who are receiving, a disability benefit under this      764          

chapter, OR BENEFITS PAID UNDER A PLAN ESTABLISHED UNDER SECTION   766          

145.81 OF THE REVISED CODE.                                                     

      Sec. 145.05.  (A)  The terms of office of employee members   775          

                                                          21     


                                                                 
of the public employees retirement board shall be for four years   776          

each beginning on the first day of January following election.     777          

The election of the county employee member of the board and the    778          

employee member of the board representing public library, health   779          

district, park district, conservancy district, sanitary district,  780          

township, metropolitan housing authority, union cemetery, joint    781          

hospital, and institutional commissary employees shall be held on  782          

the first Monday in October, 1945, and on the first Monday in      783          

October in each fourth year thereafter.  The election of the       784          

state employee member of the board and the municipal employee      785          

member of the board shall be held on the first Monday in October,  786          

1946, and on the first Monday in October in each fourth year       787          

thereafter.  The election of the initial university-college        788          

employee member of the board shall be held on the first Monday in  789          

October, 1978, and elections for subsequent university-college     790          

employee members of the board shall be held on the first Monday    791          

in October in each fourth year thereafter.                         792          

      (B)  The term of office of the retirant member of the        794          

public employees retirement board shall be for four years          795          

beginning on the first day of January following the election. The  797          

election of the initial retirant member of the board shall be                   

held on the first Monday in October, 1978, and elections for       798          

subsequent retirant members of the board shall be held on the      799          

first Monday in October in each fourth year thereafter.            800          

      (C)  All elections for employee members of the public        802          

employees retirement board shall be held under the direction of    803          

the board.  Any member of the public employees retirement system,  804          

except a member who is receiving a disability benefit under this   805          

chapter, is eligible for election as an employee member of the     806          

board to represent the employee group of which he is a THAT        807          

INCLUDES THE member, provided that he THE MEMBER has been          809          

nominated by a petition signed by at least five hundred members    811          

of the employee group to be represented and further provided that  812          

there shall be not less than twenty such signers from each of at   813          

                                                          22     


                                                                 
least ten counties of the state.  The name of any member so        814          

nominated shall be placed upon the ballot by the board as a        815          

regular candidate.  Names of other eligible candidates may, at     816          

any election, be substituted for the regular candidates by         817          

writing such names upon the ballots.  The candidate who receives   818          

the highest number of votes for a particular employee member       819          

position on the board shall be elected to that office.             820          

      (D)  All elections for the retirant member of the public     822          

employees retirement board shall be held under the direction of    823          

the board.  Any former member of the public employees retirement   824          

system who is a recipient of service retirement benefits under     825          

this chapter and a resident of this state, and any member of the   826          

system who is a recipient of a disability benefit under this       827          

chapter and a resident of this state, DESCRIBED IN DIVISION (E)    829          

OF SECTION 145.04 OF THE REVISED CODE is eligible for election as  830          

the retirant member of the board to represent the RECIPIENTS OF    831          

AGE AND service retirants and RETIREMENT, A disability benefit     833          

recipients of the system, OR BENEFITS PAID UNDER A PLAN            835          

ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, provided     837          

that such person has been nominated by a petition signed by at     838          

least two hundred fifty former members of the system who are       839          

receiving RECIPIENTS OF AGE AND service retirement benefits under  840          

this chapter or members of the system who are receiving, a         841          

disability benefit, OR BENEFITS PAID under this chapter A PLAN     843          

ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, or any       844          

combination of such service retirants and disability benefit       846          

recipients that totals two hundred fifty.  The petition shall      847          

contain the signatures of at least ten such retirants or           848          

recipients from each of at least five counties wherein service     849          

retirants or disability benefit recipients under OF BENEFITS FROM  850          

the system reside.                                                 851          

      The name of any disability benefit recipient or service      853          

retirant under the system PERSON nominated in this manner shall    854          

be placed upon the ballot by the board as a regular candidate.     855          

                                                          23     


                                                                 
Names of other eligible candidates may, at any election for the    856          

retirant member of the board, be substituted for the regular       857          

candidates by writing the names of such persons upon the ballot.   858          

The candidate who receives the highest number of votes for any     859          

term as the retirant member of the board shall be elected to       860          

office.                                                            861          

      Sec. 145.06.  (A)  If a vacancy occurs in the term of any    870          

employee member of the public employees retirement board, the      871          

remaining members of the board shall elect an employee member      872          

from the employee group lacking representation because of the      873          

vacancy for the unexpired term.                                    874          

      Any employee member of the board who fails to attend the     876          

meetings of the board for three months or longer, without valid    877          

excuse, shall be considered as having resigned, and the board      878          

shall declare his THE EMPLOYEE MEMBER'S office vacated as of the   879          

date of the adoption of a proper resolution.                       881          

      (B)  If a vacancy occurs during the term of office of the    883          

retirant member of the board, the remaining members of the board   884          

shall elect a successor retirant member who shall hold office for  885          

the remainder of the predecessor retirant member's term.  The      886          

successor retirant member shall be a former member of the public   887          

employees retirement system who is a recipient of service          888          

retirement benefits under this chapter and a resident of this      889          

state, or a member of the system who is a recipient of a           890          

disability benefit under this chapter and a resident of this       891          

state ELIGIBLE FOR ELECTION UNDER SECTION 145.04 OF THE REVISED    893          

CODE AS THE RETIRANT MEMBER OF THE BOARD.                                       

      If a retirant member of the board fails to attend the        895          

meetings of the board for three months or longer, without valid    896          

excuse, he THE RETIRANT MEMBER shall be considered as having       897          

resigned, and the board shall declare his THE MEMBER'S office      899          

vacated as of the date of the adoption of a proper resolution.     901          

      If as a result of changed circumstances the retirant member  903          

would no longer qualify for membership on the board as the         904          

                                                          24     


                                                                 
retirant member, his THE RETIRANT MEMBER'S office shall be         905          

considered vacant, and a successor retirant member shall be        907          

chosen in the manner specified in this division.                   908          

      (C)  If a person elected to serve on the board is unable to  910          

assume office at the January meeting of the board following his    911          

or her THE PERSON'S election, a special election shall be held in  912          

accordance with the provisions of section 145.05 of the Revised    914          

Code within three months of the January meeting and the newly      915          

elected person shall assume office at the meeting of the board     916          

immediately following the special election.                        917          

      Sec. 145.07.  Each member of the public employees            926          

retirement board, upon assuming office, shall take an oath that    927          

he THE MEMBER will support the constitution of the United States   928          

and the constitution of the state, and that he THE MEMBER will     930          

diligently and honestly administer the affairs of the board and    932          

that he THE MEMBER will not knowingly violate or willfully permit  934          

to be violated sections 145.01 to 145.58 ANY PROVISION of the      935          

Revised Code THIS CHAPTER.  Such oath shall be subscribed to by    937          

the member making it, and certified by the officer before whom it  938          

is taken, and shall be immediately filed in the office of the      939          

secretary of state.  A majority of the members of the board        940          

constitutes a quorum.  All meetings of the board shall be open to  941          

the public except executive sessions as set forth in division (G)  942          

of section 121.22 of the Revised Code, and any portions of any     943          

sessions discussing medical records or the degree of disability    944          

of a member excluded from public inspection by section 145.27 of   945          

the Revised Code.                                                               

      Sec. 145.09.  The public employees retirement board shall    954          

elect from its membership a chairperson, and shall appoint an      956          

executive director who shall serve as secretary to the board, an   957          

actuary, and other employees as necessary for the transaction of   958          

the business of the public employees retirement system.  The       959          

compensation of all persons so appointed shall be fixed by the     960          

board.  Every expense voucher of an employee, officer, or board    961          

                                                          25     


                                                                 
member of the public employees retirement system shall itemize     962          

all purchases and expenditures.                                    963          

      The board shall perform other functions as required for the  965          

proper execution of sections 145.01 to 145.58 of the Revised Code  967          

THIS CHAPTER, and may adopt rules IN ACCORDANCE WITH SECTION       968          

111.15 OF THE REVISED CODE for the proper administration and       969          

management of sections 145.01 to 145.58 of the Revised Code THIS   970          

CHAPTER.                                                           971          

      The attorney general shall prescribe procedures for the      973          

adoption of rules authorized under this chapter, consistent with   974          

the provision of section 111.15 of the Revised Code under which    975          

all rules shall be filed in order to be effective.  Such           976          

procedures shall establish methods by which notice THE BOARD MAY   977          

TAKE ALL APPROPRIATE ACTION TO AVOID PAYMENT BY THE SYSTEM OR ITS  978          

MEMBERS OF FEDERAL OR STATE INCOME TAXES ON CONTRIBUTIONS TO THE   979          

SYSTEM OR AMOUNTS EARNED ON SUCH CONTRIBUTIONS.                    980          

      NOTICE of proposed rules is SHALL BE given to interested     983          

parties and rules adopted by the board SHALL BE published and      984          

otherwise made available.  When it files a rule with the joint     985          

committee on agency rule review pursuant to section 111.15 of the  986          

Revised Code, the board shall submit to the Ohio retirement study  988          

council a copy of the full text of the rule, and if applicable, a  990          

copy of the rule summary and fiscal analysis required by division  991          

(B) of section 127.18 of the Revised Code.                         994          

      The board may sue and be sued, plead and be impleaded,       996          

contract and be contracted with.  All of its business shall be     997          

transacted, all of its funds invested, all warrants for money      998          

drawn and payments made, and all of its cash and securities and    999          

other property shall be held in the name of the board, or in the   1,000        

name of its nominee, provided that nominees are authorized by      1,001        

retirement board resolution for the purpose of facilitating the    1,002        

ownership and transfer of investments and restricted to members    1,003        

of the board, the executive director, and designated members of    1,004        

the staff, or a partnership composed of any of the foregoing       1,005        

                                                          26     


                                                                 
persons.                                                           1,006        

      Sec. 145.091.  THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL  1,008        

ADMINISTER THE PLAN DESCRIBED IN SECTIONS 145.201 TO 145.70 OF     1,009        

THE REVISED CODE AND THE PLAN OR PLANS ESTABLISHED UNDER SECTION   1,011        

145.81 OF THE REVISED CODE.                                                     

      Sec. 145.19 145.111.  Except as provided in sections 145.01  1,020        

to 145.57, inclusive, of the Revised Code THIS CHAPTER, no member  1,023        

or employee of the public employees retirement board shall have    1,025        

any interest direct or indirect in the gains or profits of any     1,026        

investment made by the board nor as such directly or indirectly                 

receive any pay or emolument of his THE MEMBER'S OR EMPLOYEE'S     1,027        

services.  No member or person connected with the board directly   1,029        

or indirectly, for himself SELF or as an agent or partner of       1,030        

others, shall borrow any of its funds or deposits or in any        1,031        

manner use the same except to make such current and necessary      1,032        

payments as are authorized by the board.  No member or employee    1,033        

shall become an indorser or surety or become in any manner an      1,034        

obligor for moneys loaned by or borrowed from the board.                        

      Sec. 145.12.  The public employees retirement board shall    1,043        

prepare and submit to the board of county commissioners and        1,044        

county auditor of each county, to the executive head of each       1,045        

municipal corporation, park district, conservancy district,        1,046        

health district, and metropolitan housing authority, to the board  1,047        

of township trustees of each township, and to the board of         1,048        

trustees of each public library, and to each employer, except the  1,049        

state of Ohio, mentioned in division (D) of section 145.01 of the  1,050        

Revised Code, prior to the fifteenth day of July of each year, a   1,051        

certification of the rate necessary to pay the obligation of each  1,052        

county, municipal corporation, park district, conservancy          1,053        

district, health district, township, metropolitan housing          1,054        

authority, or public library accruing during the year beginning    1,055        

the first day of January of the following year, and shall submit   1,056        

to the budget commission of each county a copy of such statement   1,057        

for said county and for each municipal corporation, township, and  1,058        

                                                          27     


                                                                 
public library within such county.  The rate so certified to each  1,059        

county, township, public library, and municipal corporation shall  1,060        

be a percentage of the earnable salary of all contributors in the  1,061        

employ of such employer, and an amount determined by multiplying   1,062        

the total annual earnable salary of all such contributors          1,063        

employed by the employer by such rate and the amount so            1,064        

determined shall be included in its budget and allowed by the      1,065        

budget commission.                                                 1,066        

      The board of county commissioners of each county, the        1,068        

legislative authority of each municipal corporation, the board of  1,069        

commissioners of any park district, the board of directors of any  1,070        

conservancy district, the members of any metropolitan housing      1,071        

authority, the fiscal officers of any health district, the board   1,072        

of township trustees of each township, and the board of trustees   1,073        

of each public library shall appropriate sufficient funds to       1,074        

provide for such obligations.                                      1,075        

      The board of county commissioners of each county, the        1,077        

legislative authority of each municipal corporation, the board of  1,078        

commissioners of any park district, the board of directors of any  1,079        

conservancy district, the members of any metropolitan housing      1,080        

authority, the fiscal officers of any health district, the board   1,081        

of township trustees of each township, and the board of trustees   1,082        

of each public library may reimburse the fund from which such      1,083        

appropriation is made by transferring to such fund from any other  1,084        

fund of such subdivision the proportionate amount of such          1,085        

appropriation that should be chargeable to such fund whether such  1,086        

fund is derived from taxation or otherwise.                        1,087        

      Such payment may be made directly out of any funds, whether  1,089        

derived from taxation or otherwise, from which the salaries or     1,090        

compensation of public employees, on account of whom such          1,091        

payments are to be made, are payable.  Upon certification by the   1,092        

public employees retirement board of the amount due by an          1,093        

employer within any county who is subject to sections 145.01 to    1,094        

145.59 of the Revised Code THIS CHAPTER, such payment shall be     1,095        

                                                          28     


                                                                 
made from any fund or funds in the hands of the county auditor     1,097        

for distribution to such employer.                                 1,098        

      Sec. 145.14.  For the purpose of meeting disbursements for   1,107        

annuities and other payments in excess of the receipts, there      1,108        

shall be kept available by the treasurer of state an amount not    1,109        

exceeding ten per cent of the total amount in the funds provided   1,110        

for by sections 145.01 to 145.57, inclusive, of the Revised Code,  1,112        

THIS CHAPTER on deposit in any bank or banks in this state,                     

organized under the laws thereof, or under the laws of the United  1,114        

States, or with any trust company or trust companies incorporated  1,115        

by the law of this state.  Said banks or trust companies shall     1,116        

furnish adequate security for said deposit.  The sum so deposited  1,117        

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      1,118        

company.                                                                        

      Sec. 145.171.  ON RECEIPT OF NOTICE UNDER SECTION 145.17 OF  1,120        

THE REVISED CODE OF THE EMPLOYMENT OF A NEW PUBLIC EMPLOYEE, THE   1,121        

PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL INFORM THE EMPLOYEE OF    1,122        

THE REQUIREMENTS OF SECTION 145.19 OF THE REVISED CODE.                         

      Sec. 145.19.  (A)  EXCEPT AS PROVIDED IN DIVISION (D) OF     1,124        

THIS SECTION, AN INDIVIDUAL WHO BECOMES A MEMBER OF THE PUBLIC     1,126        

EMPLOYEES RETIREMENT SYSTEM ON OR AFTER THE DATE ON WHICH THE      1,127        

PUBLIC EMPLOYEES RETIREMENT BOARD ESTABLISHES A PLAN UNDER         1,129        

SECTION 145.81 OF THE REVISED CODE SHALL MAKE AN ELECTION UNDER    1,130        

THIS SECTION.  NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE    1,131        

DATE ON WHICH EMPLOYMENT BEGINS, THE INDIVIDUAL SHALL ELECT TO     1,132        

PARTICIPATE EITHER IN THE PLAN DESCRIBED IN SECTIONS 145.201 TO    1,133        

145.79 OF THE REVISED CODE OR ONE OF THE PLANS ESTABLISHED UNDER   1,135        

SECTION 145.81 OF THE REVISED CODE.  IF A FORM EVIDENCING AN       1,136        

ELECTION UNDER THIS SECTION IS NOT ON FILE WITH THE EMPLOYER AT    1,137        

THE END OF THE ONE-HUNDRED-EIGHTY-DAY PERIOD, THE INDIVIDUAL IS    1,139        

DEEMED TO HAVE ELECTED TO PARTICIPATE IN THE PLAN DESCRIBED IN     1,141        

SECTIONS 145.201 TO 145.79 OF THE REVISED CODE.                    1,142        

      (B)  AN ELECTION UNDER THIS SECTION SHALL BE MADE IN         1,144        

                                                          29     


                                                                 
WRITING ON A FORM PROVIDED BY THE RETIREMENT SYSTEM AND FILED      1,145        

WITH THE EMPLOYER'S PERSONNEL OFFICER.  NOT LATER THAN TEN DAYS    1,147        

AFTER RECEIVING THE FORM EVIDENCING THE ELECTION, THE EMPLOYER     1,148        

SHALL TRANSMIT TO THE SYSTEM A COPY THAT INCLUDES A STATEMENT      1,149        

CERTIFYING THAT IT IS A TRUE AND ACCURATE COPY OF THE ORIGINAL.    1,150        

      (C)  AN ELECTION UNDER THIS SECTION SHALL TAKE EFFECT ON     1,152        

THE DATE EMPLOYMENT BEGAN AND IS IRREVOCABLE ON RECEIPT BY THE     1,153        

EMPLOYER.                                                                       

      (D)  AN INDIVIDUAL IS INELIGIBLE TO MAKE AN ELECTION UNDER   1,155        

THIS SECTION IF ONE OF THE FOLLOWING APPLIES:                      1,156        

      (1)  AT THE TIME EMPLOYMENT BEGINS, THE INDIVIDUAL IS        1,158        

ALREADY A MEMBER OR CONTRIBUTOR PARTICIPATING IN THE PLAN          1,159        

DESCRIBED IN SECTIONS 145.201 TO 145.79 OF THE REVISED CODE OR A   1,160        

PERS RETIRANT, AS DEFINED IN SECTION 145.38 OF THE REVISED CODE.   1,161        

      (2)  AN ELECTION TO PARTICIPATE IN AN ALTERNATIVE            1,163        

RETIREMENT PLAN UNDER SECTION 3305.05 OF THE REVISED CODE IS IN    1,164        

EFFECT FOR EMPLOYMENT COVERED BY THE SYSTEM.                       1,165        

      (3)  THE INDIVIDUAL IS A LAW ENFORCEMENT OFFICER.            1,167        

      Sec. 145.191.  (A)  A MEMBER OF THE PUBLIC EMPLOYEES         1,169        

RETIREMENT SYSTEM, OTHER THAN A MEMBER WHO IS A LAW ENFORCEMENT    1,170        

OFFICER, WHO, AS OF THE LAST DAY OF THE MONTH IMMEDIATELY          1,171        

PRECEDING THE DATE ON WHICH THE SYSTEM ESTABLISHES A PLAN UNDER    1,172        

SECTION 145.81 OF THE REVISED CODE, HAS LESS THAN FIVE YEARS OF    1,173        

TOTAL SERVICE CREDIT IS ELIGIBLE TO MAKE AN ELECTION UNDER THIS    1,174        

SECTION.                                                                        

      NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DAY THE     1,176        

BOARD FIRST ESTABLISHES ONE OR MORE PLANS UNDER SECTION 145.81 OF  1,178        

THE REVISED CODE, AN ELIGIBLE MEMBER MAY ELECT TO PARTICIPATE IN   1,179        

A PLAN ESTABLISHED UNDER THAT SECTION.  IF AN ELECTION IS NOT      1,180        

MADE, A MEMBER TO WHOM THIS SECTION APPLIES IS DEEMED TO HAVE      1,182        

ELECTED TO CONTINUE PARTICIPATING IN THE PLAN DESCRIBED IN         1,183        

SECTIONS 145.201 TO 145.79 OF THE REVISED CODE.                    1,184        

      (B)  AN ELECTION UNDER THIS SECTION SHALL BE MADE IN         1,186        

WRITING ON A FORM PROVIDED BY THE SYSTEM AND FILED WITH THE        1,187        

                                                          30     


                                                                 
SYSTEM.                                                                         

      (C)  ON RECEIPT OF AN ELECTION UNDER THIS SECTION, THE       1,189        

SYSTEM SHALL DO BOTH OF THE FOLLOWING:                             1,190        

      (1)  CREDIT TO THE ACCOUNT OF THE MEMBER IN THE DEFINED      1,192        

CONTRIBUTION FUND THE ACCUMULATED CONTRIBUTIONS STANDING TO THE    1,193        

MEMBER'S CREDIT IN THE EMPLOYEES' SAVINGS FUND;                    1,194        

      (2)  CANCEL ALL SERVICE CREDIT AND ELIGIBILITY FOR ANY       1,196        

PAYMENT, BENEFIT, OR RIGHT UNDER THE PLAN DESCRIBED IN SECTIONS    1,197        

145.201 TO 145.79 OF THE REVISED CODE.                             1,198        

      (D)  AN ELECTION UNDER THIS SECTION SHALL BE IRREVOCABLE ON  1,201        

RECEIPT BY THE SYSTEM.                                             1,202        

      Sec. 145.192.  A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT   1,204        

SYSTEM WHO ELECTS TO PARTICIPATE IN A PLAN ESTABLISHED UNDER       1,205        

SECTION 145.81 OF THE REVISED CODE SHALL BE INELIGIBLE FOR ANY     1,207        

BENEFIT OR PAYMENT UNDER SECTIONS 145.201 TO 145.79 OF THE         1,208        

REVISED CODE AND SHALL BE FOREVER BARRED FROM CLAIMING OR          1,210        

PURCHASING SERVICE CREDIT WITH THE SYSTEM OR ANY OTHER OHIO STATE  1,211        

RETIREMENT SYSTEM, AS DEFINED IN SECTION 145.30 OF THE REVISED     1,212        

CODE, FOR SERVICE COVERED BY THE ELECTION.                         1,213        

      Sec. 145.20.  Any elective official of the state of Ohio or  1,222        

of any political subdivision thereof having employees in the       1,223        

public employees retirement system shall be considered as an       1,224        

employee of the state or such political subdivision, and may       1,225        

become a member of the system upon application to the public       1,226        

employees retirement board, with all the rights, privileges, and   1,227        

obligations of membership.  Service as any such elective official  1,228        

by any member of the system rendered prior to January 1, 1935,     1,229        

shall be included as prior service, provided the member has        1,230        

completed three years of contributing service, or the equivalent   1,231        

thereof, in the public employees retirement system subsequent to   1,232        

the date that membership is established.                           1,233        

      Credit for service between January 1, 1935, and the date     1,235        

that membership is established, except service as an elective      1,236        

official that was subject to the tax on wages imposed by the       1,237        

                                                          31     


                                                                 
"Federal Insurance Contributions Act," 68A Stat. 415 (1954), 26    1,238        

U.S.C.A. 3101, as amended, may be secured by the elective          1,239        

official provided he THE ELECTIVE OFFICIAL pays into the           1,240        

employees' savings fund an amount determined by applying the       1,242        

member contribution rate in effect at the time of payment to the   1,243        

earnable salary of the member during all periods of service after  1,244        

January 1, 1935, covered by sections 145.01 to 145.59 of the       1,245        

Revised Code THIS CHAPTER, for which contributions have not been   1,247        

paid, plus interest on such amount compounded annually at a rate   1,248        

to be determined by the board, and completes one and one-half      1,249        

years of contributing membership in the public employees           1,250        

retirement system subsequent to the date membership was            1,251        

established.  The member may choose to purchase only part of such  1,252        

credit in any one payment.  The public employees retirement board  1,253        

shall determine the amount and manner of payment of such           1,254        

contributions.  In the event of death or withdrawal from service,  1,255        

the payment into the employees' savings fund for such service      1,256        

credit shall be considered as accumulated contributions of the     1,257        

member.                                                                         

      Sec. 145.21.  The public employees retirement board shall    1,266        

provide for the maintenance of an individual account with each     1,267        

contributor showing the amount of his THE CONTRIBUTOR'S            1,268        

contributions and the interest accumulations thereon.  It shall    1,269        

collect and keep in convenient form such data as is necessary for  1,270        

the preparation of the required mortality and service tables, and  1,271        

for an actuarial valuation of the assets and liabilities of the    1,272        

various funds created by sections 145.01 to 145.59 of the Revised  1,274        

Code THIS CHAPTER.  Upon the basis of the mortality and service    1,275        

experience of the members, contributors, retirants, and            1,276        

beneficiaries of the public employees retirement system, the       1,277        

board shall adopt from time to time such tables as are deemed      1,278        

necessary for valuation purposes and for determining the amount    1,279        

of annuities to be allowed on the basis of the contributions.                   

      Sec. 145.22.  (A)  The public employees retirement board     1,288        

                                                          32     


                                                                 
shall have prepared annually by or under the supervision of an     1,289        

actuary an actuarial valuation of the pension assets,              1,290        

liabilities, and funding requirements of the public employees      1,291        

retirement system as established pursuant to sections 145.01 to    1,293        

145.59 of the Revised Code THIS CHAPTER.  The actuary shall                     

complete the valuation in accordance with actuarial standards of   1,295        

practice promulgated by the actuarial standards board of the       1,296        

American academy of actuaries and prepare a report of the          1,297        

valuation.  The report shall include all of the following:         1,298        

      (1)  A summary of the benefit provisions evaluated;          1,300        

      (2)  A summary of the census data and financial information  1,302        

used in the valuation;                                             1,303        

      (3)  A description of the actuarial assumptions, actuarial   1,305        

cost method, and asset valuation method used in the valuation,     1,306        

including a statement of the assumed rate of payroll growth and    1,307        

assumed rate of growth or decline in the number of members         1,308        

contributing to the retirement system;                                          

      (4)  A summary of findings that includes a statement of the  1,310        

actuarial accrued pension liabilities and unfunded actuarial       1,311        

accrued pension liabilities;                                       1,312        

      (5)  A schedule showing the effect of any changes in the     1,314        

benefit provisions, actuarial assumptions, or cost methods since   1,315        

the last annual actuarial valuation;                               1,316        

      (6)  A statement of whether contributions to the retirement  1,318        

system are expected to be sufficient to satisfy the funding        1,319        

objectives established by the board.                               1,320        

      The board shall submit the report to the Ohio retirement     1,322        

study commission COUNCIL and the standing committees of the house  1,324        

of representatives and the senate with primary responsibility for  1,325        

retirement legislation not later than the first day of November    1,326        

SEPTEMBER following the year for which the valuation was made.     1,327        

      (B)  At such time as the public employees retirement board   1,329        

determines, and at least once in each five-year period, the board  1,331        

shall have prepared by or under the supervision of an actuary an   1,332        

                                                          33     


                                                                 
actuarial investigation of the mortality, service, and other       1,333        

experience of the members, retirants, contributors, and            1,334        

beneficiaries of the system to update the actuarial assumptions    1,335        

used in the actuarial valuation required by division (A) of this   1,336        

section.  The actuary shall prepare a report of the actuarial      1,337        

investigation.  The report shall be prepared and any recommended   1,338        

changes in actuarial assumptions shall be made in accordance with  1,339        

the actuarial standards of practice promulgated by the actuarial   1,340        

standards board of the American academy of actuaries.  The report  1,341        

shall include all of the following:                                             

      (1)  A summary of relevant decrement and economic            1,343        

assumption experience observed over the period of the              1,344        

investigation;                                                                  

      (2)  Recommended changes in actuarial assumptions to be      1,346        

used in subsequent actuarial valuations required by division (A)   1,348        

of this section;                                                                

      (3)  A measurement of the financial effect of the            1,350        

recommended changes in actuarial assumptions.                      1,351        

      The board shall submit the report to the Ohio retirement     1,354        

study commission COUNCIL and the standing committees of the house  1,355        

of representatives and the senate with primary responsibility for  1,356        

retirement legislation not later than the first day of November    1,357        

following the last fiscal year of the period the report covers.                 

      (C)  The board may at any time request the actuary to make   1,359        

any studies or actuarial valuations to determine the adequacy of   1,361        

the normal and deficiency rates of contribution provided by RATE   1,362        

DETERMINED UNDER section 145.48 of the Revised Code, and those     1,364        

rates may be adjusted by the board, as recommended by the          1,365        

actuary, effective as of the first of any year thereafter.         1,366        

      (D)  The board shall have prepared by or under the           1,368        

supervision of an actuary an actuarial analysis of any introduced  1,369        

legislation expected to have a measurable financial impact on the  1,370        

retirement system.  The actuarial analysis shall be completed in   1,371        

accordance with the actuarial standards of practice promulgated    1,372        

                                                          34     


                                                                 
by the actuarial standards board of the American academy of        1,373        

actuaries.  The actuary shall prepare a report of the actuarial    1,374        

analysis, which shall include all of the following:                1,375        

      (1)  A summary of the statutory changes that are being       1,377        

evaluated;                                                                      

      (2)  A description of or reference to the actuarial          1,379        

assumptions and actuarial cost method used in the report;          1,380        

      (3)  A description of the participant group or groups        1,382        

included in the report;                                            1,383        

      (4)  A statement of the financial impact of the              1,385        

legislation, including the resulting increase, if any, in the      1,386        

employer normal cost percentage; the increase, if any, in          1,387        

actuarial accrued liabilities; and the per cent of payroll that    1,388        

would be required to amortize the increase in actuarial accrued                 

liabilities as a level per cent of covered payroll for all active  1,389        

members over a period not to exceed thirty years;                  1,390        

      (5)  A statement of whether the scheduled contributions to   1,392        

the system after the proposed change is enacted are expected to    1,393        

be sufficient to satisfy the funding objectives established by     1,394        

the board.                                                                      

      Not later than sixty days from the date of introduction of   1,396        

the legislation, the board shall submit a copy of the actuarial    1,397        

analysis to the legislative budget office of the legislative       1,398        

service commission, the standing committees of the house of        1,399        

representatives and the senate with primary responsibility for     1,400        

retirement legislation, and the Ohio retirement study commission   1,401        

COUNCIL.                                                                        

      (E)  The board shall have prepared annually a report giving  1,404        

a full accounting of the revenues and costs relating to the        1,405        

provision of benefits under sections 145.325 and 145.58 of the     1,406        

Revised Code.  The report shall be made as of December 31, 1997,   1,407        

and the thirty-first day of December of each year thereafter.      1,409        

The report shall include the following:                                         

      (1)  A description of the statutory authority for the        1,411        

                                                          35     


                                                                 
benefits provided;                                                 1,412        

      (2)  A summary of the benefits;                              1,414        

      (3)  A summary of the eligibility requirements for the       1,416        

benefits;                                                          1,417        

      (4)  A statement of the number of participants eligible for  1,419        

the benefits;                                                      1,420        

      (5)  A description of the accounting, asset valuation, and   1,422        

funding method used to provide the benefits;                       1,423        

      (6)  A statement of the net assets available for the         1,425        

provision of the benefits as of the last day of the fiscal year;   1,427        

      (7)  A statement of any changes in the net assets available  1,430        

for the provision of benefits, including participant and employer  1,431        

contributions, net investment income, administrative expenses,     1,432        

and benefits provided to participants, as of the last day of the   1,433        

fiscal year;                                                                    

      (8)  For the last six consecutive fiscal years, a schedule   1,435        

of the net assets available for the benefits, the annual cost of   1,437        

benefits, administrative expenses incurred, and annual employer    1,438        

contributions allocated for the provision of benefits;             1,439        

      (9)  A description of any significant changes that affect    1,441        

the comparability of the report required under this division;      1,443        

      (10)  A statement of the amount paid under division (D) of   1,445        

section 145.58 of the Revised Code.                                1,446        

      The board shall submit the report to the Ohio retirement     1,448        

study commission COUNCIL and the standing committees of the house  1,449        

of representatives and the senate with primary responsibility for  1,450        

retirement legislation not later than the thirtieth day of June    1,452        

following the year for which the report was made.                               

      Sec. 145.23.  The funds hereby created are the employees'    1,461        

savings fund, the employers' accumulation fund, the annuity and    1,462        

pension reserve fund, the income fund, the survivors' benefit      1,463        

fund, THE DEFINED CONTRIBUTION FUND, and the expense fund.         1,464        

      (A)  The employees' savings fund is the fund in which shall  1,466        

be accumulated contributions from the earnable salaries of         1,467        

                                                          36     


                                                                 
contributors for the purchase of annuities or retirement           1,468        

allowances.                                                        1,469        

      The accumulated contributions of a contributor returned to   1,471        

him THE CONTRIBUTOR upon his withdrawal, or paid to his THE        1,473        

CONTRIBUTOR'S estate or designated beneficiary in the event of     1,474        

his death, shall be paid from the employees' savings fund.  Any    1,475        

accumulated contributions forfeited by failure of a member, or     1,476        

his A MEMBER'S estate, to claim the same, shall be transferred     1,478        

from the employees' savings fund to the income fund.  The          1,479        

accumulated contributions of a contributor shall be transferred    1,480        

from the employees' savings fund to the annuity and pension        1,481        

reserve fund in the event of his THE CONTRIBUTOR'S retirement.     1,482        

      (B)  The employers' accumulation fund is the fund in which   1,484        

shall be accumulated the reserves for the payment of all pensions  1,485        

and disability benefits payable as provided in this chapter.  The  1,486        

amounts paid by the state of Ohio and by any employer defined in   1,487        

division (A) of UNDER section 145.01 145.48 of the Revised Code    1,489        

because of the normal contributions and deficiency contributions   1,490        

shall be credited to the employers' accumulation fund.             1,491        

      Any payments made into the employers' accumulation fund by   1,493        

a member as provided in section 145.31 of the Revised Code shall   1,494        

be refunded to such member under the conditions specified in       1,495        

section 145.40 of the Revised Code.                                1,496        

      Upon the retirement of a contributor, the full amount of     1,498        

his THE CONTRIBUTOR'S pension reserve shall be transferred from    1,499        

the employers' accumulation fund to the annuity and pension        1,501        

reserve fund.                                                                   

      (C)  The annuity and pension reserve fund is the fund from   1,503        

which shall be paid all pensions, disability benefits, annuities,  1,504        

and benefits in lieu thereof, because of which reserves have been  1,505        

transferred from the employees' savings fund and the employers'    1,506        

accumulation fund.                                                 1,507        

      Any contributor may deposit in the employees' savings fund,  1,509        

subject to rules established from time to time by the public       1,510        

                                                          37     


                                                                 
employees retirement board SYSTEM, such ADDITIONAL amounts as he   1,512        

desires, and, at the time of age and service retirement, shall     1,514        

receive in return therefor, at his THE CONTRIBUTOR'S option,       1,515        

either an annuity having a reserve equal to the amount deposited   1,517        

or a cash refund of such amounts together with such interest as    1,518        

may have been allowed by the public employees retirement board at  1,519        

the end of each calendar year.  Such deposits for additional       1,520        

annuity together with such interest as may have been allowed by    1,521        

the public employees retirement board at the end of each calendar  1,522        

year shall be refunded in the event of death prior to retirement   1,523        

or withdrawal of accumulated contributions as provided in          1,524        

sections 145.40 and 145.43 of the Revised Code or upon             1,525        

application of the contributor prior to age and service            1,526        

retirement.                                                                     

      FOR DEPOSITS RECEIVED IN A CALENDAR YEAR, INTEREST SHALL BE  1,529        

EARNED BEGINNING ON THE FIRST DAY OF THE CALENDAR YEAR NEXT                     

FOLLOWING AND ENDING ON THE LAST DAY OF THAT YEAR, EXCEPT THAT IN  1,531        

THE CASE OF A PAYMENT UNDER THIS DIVISION MADE PRIOR TO THE LAST   1,533        

DAY OF A YEAR, INTEREST SHALL BE EARNED ENDING ON THE LAST DAY OF  1,534        

THE MONTH PRIOR TO THE DATE OF PAYMENT.  THE BOARD SHALL CREDIT    1,535        

INTEREST AT THE END OF THE CALENDAR YEAR IN WHICH IT IS EARNED.    1,536        

      (D)  The income fund is the fund from which interest is      1,538        

transferred and credited on the amounts in the funds described in  1,539        

divisions (B), (C), and (F) of this section, and is a contingent   1,540        

fund from which the special requirements of the funds may be paid  1,541        

by transfer from this fund.  All income derived from the           1,542        

investment of THE funds by the public employees retirement board   1,543        

as trustee under section 145.11 of the Revised Code SYSTEM,        1,544        

together with all gifts and bequests, or the income therefrom,     1,546        

shall be paid into this fund.                                      1,547        

      Any deficit occurring in any other fund that will not be     1,549        

covered by payments to that fund, as otherwise provided in         1,550        

Chapter 145. of the Revised Code, shall be paid by transfers of    1,551        

amounts from the income fund to such fund or funds.  If the        1,552        

                                                          38     


                                                                 
amount in the income fund is insufficient at any time to meet the  1,553        

amounts payable therefrom TO THE FUNDS DESCRIBED IN DIVISIONS (C)  1,555        

AND (F) OF THIS SECTION, the amount of the deficiency, with        1,556        

regular interest, shall be paid by an additional employer rate of  1,557        

contributions as determined by the actuary, not to exceed          1,558        

fourteen per cent, and the amount of the additional employer       1,559        

contribution shall be credited to the income fund TRANSFERRED      1,560        

FROM THE EMPLOYERS' ACCUMULATION FUND.                             1,561        

      The public employees retirement board SYSTEM may accept      1,563        

gifts and bequests.  Any funds that may come into possession of    1,565        

the public employees retirement board in this manner, or GIFTS OR  1,566        

BEQUESTS, ANY FUNDS which may be transferred from the employees'   1,568        

savings fund by reason of lack of a claimant, or any surplus in    1,569        

any fund created by this section, or any other funds whose         1,570        

disposition is not otherwise provided for, shall be credited to    1,571        

the income fund.                                                                

      (E)  The expense fund is the fund from which shall be paid   1,573        

the expenses of the administration of this chapter, exclusive of   1,574        

amounts payable as retirement allowances and as other benefits.    1,575        

      (F)  The survivors' benefit fund is the fund from which      1,577        

shall be paid dependent survivor benefits provided by section      1,578        

145.45 of the Revised Code.                                        1,579        

      (G)  THE DEFINED CONTRIBUTION FUND IS THE FUND IN WHICH      1,582        

SHALL BE ACCUMULATED THE CONTRIBUTIONS DEDUCTED FROM THE EARNABLE  1,583        

SALARY OF MEMBERS PARTICIPATING IN A PLAN ESTABLISHED UNDER        1,584        

SECTION 145.81 OF THE REVISED CODE, AS PROVIDED IN SECTION 145.85  1,586        

OF THE REVISED CODE, TOGETHER WITH ANY EARNINGS AND EMPLOYER       1,588        

CONTRIBUTIONS, AS PROVIDED IN SECTION 145.86 OF THE REVISED CODE,  1,589        

CREDITED THEREON.  THE DEFINED CONTRIBUTION FUND IS THE FUND FROM  1,590        

WHICH SHALL BE PAID ALL BENEFITS PROVIDED UNDER A PLAN                          

ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE.              1,591        

      Sec. 145.25.  When reference is made in sections 145.01 to   1,600        

145.57, inclusive, of the Revised Code THIS CHAPTER, to the        1,602        

employees' savings fund, the employers' accumulation fund, the     1,604        

                                                          39     


                                                                 
annuity and pension reserve fund, the income fund, the survivors'  1,605        

benefit fund, THE DEFINED CONTRIBUTION FUND, or the expense fund,  1,606        

such reference is made to each as a separate legal entity.  This   1,607        

section does not prevent the deposit or investment of all such     1,608        

moneys intermingled for such purpose but such funds shall be       1,609        

separate and distinct legal entities for all other purposes.                    

      Sec. 145.26.  The treasurer of state shall be the custodian  1,618        

of the funds of the public employees retirement system, and all    1,619        

disbursements therefrom shall be paid by him THE TREASURER OF      1,620        

STATE only upon instruments authorized by the public employees     1,622        

retirement board and bearing the signatures of the board;          1,623        

provided, that such instruments may bear the names of the board    1,624        

members printed thereon and the signatures of the chairman         1,625        

CHAIRPERSON, or of the vice-chairman VICE-CHAIRPERSON in case of   1,627        

the absence or disability of the chairman CHAIRPERSON, and of the  1,629        

executive director of the board.  The signatures of the chairman   1,631        

CHAIRPERSON and of the executive director may be affixed through   1,633        

the use of a mechanical check-signing device.                                   

      The treasurer of state shall give a separate and additional  1,635        

bond in such amount as is fixed by the governor and with sureties  1,636        

selected by the board and approved by the governor, conditioned    1,637        

for the faithful performance of the duties of the treasurer of     1,638        

state as custodian of the funds of the system.  Such bond shall    1,639        

be deposited with the secretary of state and kept in his THE       1,640        

office. The governor may require the treasurer of state to give    1,642        

other and additional bonds, as the funds of the system increase,   1,643        

in such amounts and at such times as may be fixed by the           1,644        

governor, which additional bonds shall be conditioned, filed, and  1,645        

obtained as is provided for the original bond of the treasurer of  1,646        

state covering the funds of the system.  The premium on all bonds  1,647        

shall be paid by the board.                                        1,648        

      The treasurer of state shall deposit any portion of the      1,650        

funds of the system not needed for immediate use in the same       1,651        

manner as state funds are deposited, and subject to all laws with  1,652        

                                                          40     


                                                                 
respect to the deposit of state funds, by the treasurer of state,  1,653        

and all interest earned by such portion of the retirement funds    1,654        

as is deposited by the treasurer of state shall be collected by    1,655        

him THE TREASURER OF STATE and placed to the credit of the board.  1,657        

      THE TREASURER OF STATE SHALL FURNISH ANNUALLY TO THE BOARD   1,659        

A SWORN STATEMENT OF THE AMOUNT OF THE FUNDS IN THE TREASURER OF   1,660        

STATE'S CUSTODY BELONGING TO THE SYSTEM.                           1,661        

      Sec. 145.27.  (A)  The treasurer of state shall furnish      1,670        

annually to the public employees retirement board a sworn          1,671        

statement of the amount of the funds in the treasurer of state's   1,673        

custody belonging to the public employees retirement system.       1,674        

      (B)(1)  As used in this division, "personal history record"  1,676        

means information maintained by the PUBLIC EMPLOYEES RETIREMENT    1,677        

board on a member, former member, contributor, former              1,679        

contributor, retirant, or beneficiary that includes the address,   1,680        

telephone number, social security number, record of                1,681        

contributions, correspondence with the PUBLIC EMPLOYEES                         

RETIREMENT system, or other information the board determines to    1,683        

be confidential.                                                                

      (2)  The records of the board shall be open to public        1,685        

inspection, except for the following, which shall be excluded,     1,686        

except with the written authorization of the individual            1,687        

concerned:                                                         1,688        

      (a)  The individual's statement of previous service and      1,690        

other information as provided for in section 145.16 of the         1,691        

Revised Code;                                                      1,692        

      (b)  The amount of a monthly allowance or benefit paid to    1,694        

the individual;                                                    1,695        

      (c)  The individual's personal history record.               1,697        

      (C)(B)  All medical reports and recommendations required by  1,699        

sections 145.01 to 145.59 of the Revised Code THIS CHAPTER are     1,700        

privileged, except that copies of such medical reports or          1,702        

recommendations shall be made available to the personal            1,703        

physician, attorney, or authorized agent of the individual         1,704        

                                                          41     


                                                                 
concerned upon written release from the individual or the          1,705        

individual's agent, or when necessary for the proper               1,706        

administration of the fund, to the board assigned physician.       1,707        

      (D)(C)  Any person who is a member or contributor of the     1,709        

system shall be furnished with a statement of the amount to the    1,710        

credit of the individual's account upon written request.  The      1,712        

board is not required to answer more than one such request of a    1,713        

person in any one year.  The board may issue annual statements of  1,714        

accounts to members and contributors.                              1,715        

      (E)(D)  Notwithstanding the exceptions to public inspection  1,717        

in division (B)(A)(2) of this section, the board may furnish the   1,718        

following information:                                             1,719        

      (1)  If a member, former member, contributor, former         1,721        

contributor, or retirant is subject to an order issued under       1,722        

section 2907.15 of the Revised Code or is convicted of or pleads   1,723        

guilty to a violation of section 2921.41 of the Revised Code, on   1,724        

written request of a prosecutor as defined in section 2935.01 of   1,725        

the Revised Code, the board shall furnish to the prosecutor the    1,726        

information requested from the individual's personal history       1,727        

record.                                                            1,728        

      (2)  Pursuant to a court or administrative order issued      1,730        

under section 3111.23 or 3113.21 of the Revised Code, the board    1,731        

shall furnish to a court or child support enforcement agency the   1,732        

information required under that section.                           1,733        

      (3)  At the written request of any person, the board shall   1,735        

provide to the person a list of the names and addresses of         1,736        

members, former members, contributors, former contributors,        1,737        

retirants, or beneficiaries.  The costs of compiling, copying,     1,738        

and mailing the list shall be paid by such person.                 1,739        

      (4)  Within fourteen days after receiving from the director  1,741        

of job and family services a list of the names and social          1,742        

security numbers of recipients of public assistance pursuant to    1,744        

section 5101.181 of the Revised Code, the board shall inform the   1,745        

auditor of state of the name, current or most recent employer      1,746        

                                                          42     


                                                                 
address, and social security number of each member whose name and  1,747        

social security number are the same as that of a person whose      1,748        

name or social security number was submitted by the director.      1,749        

The board and its employees shall, except for purposes of          1,750        

furnishing the auditor of state with information required by this  1,751        

section, preserve the confidentiality of recipients of public      1,752        

assistance in compliance with division (A) of section 5101.181 of  1,753        

the Revised Code.                                                               

      (F)(E)  A statement that contains information obtained from  1,755        

the system's records that is signed by the executive director of   1,756        

the retirement system and to which the system's official seal is   1,757        

affixed, or copies of the system's records to which the signature  1,758        

and seal are attached, shall be received as true copies of the     1,759        

system's records in any court or before any officer of this        1,760        

state.                                                             1,761        

      Sec. 145.29.  Three years of contributing membership in the  1,770        

public employees retirement system subsequent to the date that     1,771        

membership is established entitles a member to receive prior       1,772        

service credit for services prior to January 1, 1935, in any       1,773        

capacity which comes under sections 145.01 to 145.58 of the        1,774        

Revised Code THIS CHAPTER, provided that such member has not lost  1,775        

membership at any time by the withdrawal of his THE MEMBER'S       1,777        

accumulated contributions. Members who have withdrawn an           1,779        

exemption shall receive the prior service credit provided for      1,780        

under the conditions of this section, only in the event such       1,781        

member has made the payments required by section 145.28 of the     1,782        

Revised Code.  If the public employees retirement board            1,783        

determines that a position of any employee member in any one       1,784        

calendar year prior to January 1, 1935, was a part-time position,  1,785        

the board may determine what fractional part of a year's credit    1,786        

shall be given.  In determining what credit shall be allowed to    1,787        

regular, full-time employees who are paid on an hourly or per      1,788        

diem basis, the board shall allow a full day's credit to any       1,789        

employee toward retirement who is called to work and works any     1,790        

                                                          43     


                                                                 
portion of a day.  Credit for service between January 1, 1935,     1,791        

and the date he became OF BECOMING a member except a part-time     1,793        

employee who claimed exemption under the provisions of section     1,794        

145.03 of the Revised Code, may be secured by any public employee  1,795        

for service rendered an employer provided such public employee     1,796        

pays into the employees' savings fund an amount equal to the       1,797        

amount he THE MEMBER would have paid if deductions had been taken  1,798        

on his THE MEMBER'S earnable salary at the member contribution     1,799        

rate in effect at the time of such payment for service after       1,800        

January 1, 1935, or since his THE MEMBER'S date of employment,     1,801        

plus interest on such amount compounded annually at a rate to be   1,803        

determined by the board.  The member may choose to purchase only   1,804        

part of such credit in any one payment, subject to board rules.    1,805        

Such payment shall be refunded in the event of the death or        1,806        

withdrawal from service of the member prior to retirement under    1,807        

the same conditions and in the same manner as refunds are made     1,808        

under sections 145.40 and 145.43 of the Revised Code, from the     1,809        

employees' savings fund.                                                        

      Sec. 145.291.  Any member of the public employees            1,819        

retirement system who subsequent to January 1, 1935, and the date  1,820        

membership was established was off the payroll either on a leave   1,821        

of absence approved by the then appointing authority or because                 

the member resigned due to pregnancy OR ADOPTION OF A CHILD,       1,822        

shall have the right to make such payment, at the contribution     1,824        

rate in effect at the time of payment, with interest on such       1,825        

amount compounded annually at a rate to be determined by the       1,826        

retirement board as the member would have made if the member had   1,828        

continued on the payroll at the earnable salary the member was     1,829        

receiving at the time public service was interrupted, provided     1,830        

that subsequent to such leave of absence OR RESIGNATION the        1,831        

member returned to regular contributing status in the retirement   1,833        

system for at least twelve calendar months.  In the case of        1,835        

resignation, the member must submit evidence satisfactory to the   1,836        

retirement board documenting that the resignation was due to                    

                                                          44     


                                                                 
pregnancy OR ADOPTION OF A CHILD.                                  1,837        

      The member may choose to purchase only part of the credit    1,840        

in any one payment, subject to board rules.  The payment shall     1,841        

entitle the member to receive service credit for the leave or                   

period of absence, except that service credit purchased under      1,842        

this section shall not exceed one year.  The payment, together     1,843        

with any regular interest, shall, in the event of death or         1,845        

withdrawal from service of the member prior to retirement, be      1,846        

considered as accumulated contributions of the member.             1,847        

      Sec. 145.297.  (A)  As used in this section, "employing      1,856        

unit" means:                                                       1,857        

      (1)  A municipal corporation, agency of a municipal          1,859        

corporation designated by the legislative authority, park          1,860        

district, conservancy district, sanitary district, health          1,861        

district, township, metropolitan housing authority, public         1,862        

library, county law library, union cemetery, joint hospital, or    1,863        

other political subdivision or unit of local government.           1,864        

      (2)  With respect to state employees, any entity of the      1,866        

state including any department, agency, institution of higher      1,867        

education, board, bureau, commission, council, office, or          1,868        

administrative body or any part of such entity that is designated  1,869        

by the entity as an employing unit.                                1,870        

      (3)(a)  With respect to employees of a board board of        1,872        

alcohol, drug addiction, and mental health services, that board.   1,873        

      (b)  With respect to employees of a county board of mental   1,875        

retardation and developmental disabilities, that board.            1,876        

      (c)  With respect to other county employees, the county or   1,878        

any county agency designated by the board of county                1,879        

commissioners.                                                     1,880        

      (4)  In the case of an employee whose employing unit is in   1,882        

question, the employing unit is the unit through whose payroll     1,883        

the employee is paid.                                              1,884        

      (B)  An employing unit may establish a retirement incentive  1,886        

plan for its eligible employees.  In the case of a county or       1,887        

                                                          45     


                                                                 
county agency, decisions on whether to establish a retirement      1,888        

incentive plan for any employees other than employees of a board   1,889        

of alcohol, drug addiction, and mental health services or county   1,890        

board of mental retardation and developmental disabilities and on  1,891        

the terms of the plan shall be made by the board of county         1,892        

commissioners.  In the case of a municipal corporation or an       1,893        

agency of a municipal corporation, decisions on whether to         1,894        

establish a retirement incentive plan and on the terms of the      1,895        

plan shall be made by the legislative authority.                   1,896        

      All terms of a retirement incentive plan shall be in         1,898        

writing.                                                           1,899        

      A retirement incentive plan shall provide for purchase by    1,901        

the employing unit of service credit for eligible employees who    1,902        

elect to participate in the plan and for payment by the employing  1,903        

unit of the entire cost of the service credit purchased.           1,904        

      Every retirement incentive plan shall remain in effect for   1,906        

at least one year.  The employing unit shall give employees at     1,907        

least thirty days' notice before terminating the plan.             1,908        

      Every retirement incentive plan shall include provisions     1,910        

for the timely and impartial resolution of grievances and          1,911        

disputes arising under the plan.                                   1,912        

      No employing unit shall have more than one retirement        1,914        

incentive plan in effect at any time.                              1,915        

      (C)  Any classified or unclassified employee of the          1,917        

employing unit who is a member of the public employees retirement  1,918        

system shall be eligible to participate in the retirement          1,919        

incentive plan established by his THE EMPLOYEE'S employing unit    1,920        

if he THE EMPLOYEE meets the following criteria:                   1,922        

      (1)  The employee is not any of the following:               1,924        

      (a)  An elected official;                                    1,926        

      (b)  A member of a board or commission;                      1,928        

      (c)  A person elected to serve a term of fixed length;       1,930        

      (d)  A person appointed to serve a term of fixed length,     1,932        

other than a person appointed and employed by his THE PERSON'S     1,933        

                                                          46     


                                                                 
employing unit.                                                    1,934        

      (2)  The employee is or will be eligible to retire under     1,936        

section 145.32, 145.34, 145.37, or division (A) of section 145.33  1,937        

of the Revised Code on or before the date of termination of the    1,938        

retirement incentive plan.  Service credit to be purchased for     1,939        

the employee under the retirement incentive plan shall be          1,940        

included in making such determination.                             1,941        

      (3)  The employee agrees to retire under section 145.32,     1,943        

145.34, 145.37, or division (A) of section 145.33 of the Revised   1,944        

Code within ninety days after receiving notice from the public     1,945        

employees retirement system that service credit has been           1,946        

purchased for him THE EMPLOYEE under this section.                 1,947        

      Participation in the plan shall be available to all          1,949        

eligible employees except that the employing unit may limit the    1,950        

number of participants in the plan to a specified percentage of    1,951        

its employees who are members of the public employees retirement   1,952        

system on the date the plan goes into effect.  The percentage      1,953        

shall not be less than five per cent of such employees.  If        1,954        

participation is limited, employees with more total service        1,955        

credit have the right to elect to participate before employees     1,956        

with less total service credit.  In the case of employees with     1,957        

the same total service credit, employees with a greater length of  1,958        

service with the employing unit have the right to elect to         1,959        

participate before employees with less service with the employing  1,960        

unit.  Employees with less than eighteen months of service with    1,961        

the employing unit have the right to elect to participate only     1,962        

after all other eligible employees have been given the             1,963        

opportunity to elect to participate.  For the purpose of           1,964        

determining which employees may participate in a plan, total       1,965        

service credit includes service credit purchased by the employee   1,966        

under this chapter after the date on which the plan is             1,967        

established.                                                       1,968        

      A retirement incentive plan that limits participation may    1,970        

provide that an employee who does not notify the employing unit    1,971        

                                                          47     


                                                                 
of his THE EMPLOYEE'S decision to participate in the plan within   1,972        

a specified period of time will lose priority to participate in    1,974        

the plan ahead of other employees with less seniority.  The time   1,975        

given to an employee to elect to participate ahead of other        1,976        

employees shall not be less than thirty days after he THE          1,977        

EMPLOYEE receives written notice that he THE EMPLOYEE may          1,979        

participate in the plan.                                                        

      (D)  A retirement incentive plan shall provide for purchase  1,981        

of the same amount of service credit for each participating        1,982        

employee, except that the employer may not purchase more service   1,983        

credit for any employee than the lesser of the following:          1,984        

      (1)  Five years of service credit;                           1,986        

      (2)  An amount of service credit equal to one-fifth of the   1,988        

total service credited to the participant under sections 145.01    1,989        

to 145.58 of the Revised Code THIS CHAPTER, exclusive of service   1,990        

credit purchased under this section.                               1,992        

      For each year of service credit purchased under this         1,994        

section, the employing unit shall pay an amount equal to the       1,995        

additional liability resulting from the purchase of that year of   1,996        

service credit, as determined by an actuary employed by the        1,997        

public employees retirement board.                                 1,998        

      (E)  Upon the election by an eligible employee to            2,000        

participate in the retirement incentive plan, the employee and     2,001        

the employing unit shall agree upon a date for payment or          2,002        

contracting for payment in installments to the public employees    2,003        

retirement system of the cost of the service credit to be          2,004        

purchased.  The employing unit shall submit to the public          2,005        

employees retirement system a written request for a determination  2,006        

of the cost of the service credit, and within forty-five days      2,007        

after receiving the request, the board shall give the employing    2,008        

unit written notice of the cost.                                   2,009        

      The employing unit shall pay or contract to pay in           2,011        

installments the cost of the service credit to be purchased to     2,012        

the public employees retirement system on the date agreed to by    2,013        

                                                          48     


                                                                 
the employee and the employing unit.  The payment shall be made    2,014        

in accordance with rules adopted by the public employees           2,015        

retirement board.  The rules may provide for payment in            2,016        

installments and for crediting the purchased credit to the         2,017        

employee's account upon the employer's contracting to pay the      2,018        

cost in installments.  The board shall notify the member when he   2,019        

THE MEMBER is credited with service purchased under this section.  2,021        

If the employee does not retire within ninety days after           2,022        

receiving notice that he THE EMPLOYEE has been credited with the   2,023        

purchased service credit, the system shall refund to the           2,025        

employing unit the amount paid for the service credit.             2,026        

      No payment made to the public employees retirement system    2,028        

under this section shall affect any payment required by section    2,029        

145.48 of the Revised Code.                                        2,030        

      Sec. 145.322.  (A)  On and after July 1, 1968, all           2,039        

allowances, pensions, or other benefits, which are payable or      2,040        

become payable and for which eligibility is established prior to   2,041        

July 1, 1968, pursuant to the provisions of sections 145.33,       2,042        

145.34, 145.36, 145.37, 145.45, and 145.46 of the Revised Code,    2,043        

shall be increased by the percentages as determined by the         2,044        

effective date of the allowance, pension, or benefit, as follows:  2,045        

      Effective Date of Benefit                                    2,047        

            Calendar Year           Percentage of Increase         2,048        

      1937 through 1955                      24.3                  2,050        

      1956                                   22.5                  2,051        

      1957                                   18.4                  2,052        

      1958                                   15.2                  2,053        

      1959                                   14.3                  2,054        

      1960                                   12.5                  2,055        

      1961                                   11.3                  2,056        

      1962                                   10.1                  2,057        

      1963                                    8.7                  2,058        

      1964                                    7.3                  2,059        

      1965                                    5.6                  2,060        

                                                          49     


                                                                 
      1966                                    2.6                  2,061        

      1967                                    2.0                  2,062        

      January 1, 1968 through                                      2,063        

         June 30, 1968                        2.0                               

      (B)(1)  All increases determined by applying the             2,066        

percentages in the table in division (A) of this section shall be  2,067        

reduced by the dollar amount of the increases granted in 1965      2,068        

pursuant to divisions (D), (E), and (F) of section 145.321 of the  2,069        

Revised Code, except that no allowance, pension, or benefit shall  2,070        

be reduced below the amount due on June 30, 1968, and no           2,071        

allowance granted under this section shall be less than a total    2,072        

annual sum of thirty-six dollars.                                  2,073        

      (2)  The allowances increased by division (A) of this        2,075        

section shall exclude any monthly amount payable by reason of any  2,076        

voluntary deposits made under section 145.201 and division (C) of  2,077        

section 145.23 of the Revised Code.                                2,078        

      (3)  The increases provided by this section shall be         2,080        

granted notwithstanding the final average salary limitation in     2,081        

sections 145.33 and 145.36 of the Revised Code.                    2,082        

      (4)  The cost of the increases provided by this section      2,084        

shall be included in the employer's contribution rate provided by  2,085        

sections SECTION 145.48, 145.49, and 145.50 of the Revised Code.   2,087        

Such employer's contribution rate shall not be increased until     2,088        

July 1, 1969, or later to reflect the increased costs created by   2,089        

this section.                                                      2,090        

      Sec. 145.325.  (A)  Except as otherwise provided in          2,099        

division (B) of this section, the board of the public employees    2,100        

retirement system shall make available to each retirant or         2,101        

disability benefit recipient receiving a monthly allowance or      2,102        

benefit on or after January 1, 1968, who has attained the age of   2,103        

sixty-five years, and who is not eligible to receive hospital      2,104        

insurance benefits under the federal old age, survivors, and       2,105        

disability insurance program, hospital insurance coverage          2,106        

substantially equivalent to the federal hospital insurance         2,107        

                                                          50     


                                                                 
benefits, Social Security Amendments of 1965, 79 Stat. 291, 42     2,108        

U.S.C.A. 1395c, as amended.  This coverage shall also be made      2,109        

available to the spouse, widow, or widower of such retirant or     2,110        

disability benefit recipient provided such spouse, widow, or       2,111        

widower has attained age sixty-five and is not eligible to         2,112        

receive hospital insurance benefits under the federal old age,     2,113        

survivors, and disability insurance program.  The widow or         2,114        

widower of a retirant or disability benefit recipient shall be     2,115        

eligible for such coverage only if he or she is the recipient of   2,116        

a monthly allowance or benefit from this system.  One-half of the  2,117        

cost of the premium for the spouse shall be paid from the          2,118        

appropriate funds of the public employees retirement system and    2,119        

one-half by the recipient of the allowance or benefit.             2,120        

      The cost of such coverage, paid from the funds of the        2,122        

system, shall be included in the employer's rate provided by       2,123        

sections SECTION 145.48, 145.49, and 145.50 of the Revised Code.   2,125        

The retirement board is authorized to make all necessary rules     2,126        

pursuant to the purpose and intent of this section, and shall      2,127        

contract for such coverage as provided in section 145.58 of the    2,128        

Revised Code.                                                      2,129        

      (B)  The board need not make the hospital insurance          2,131        

coverage described in division (A) of this section available to    2,132        

any person for whom it is prohibited by section 145.58 of the      2,133        

Revised Code from paying or reimbursing the premium cost of such   2,134        

insurance.                                                         2,135        

      Sec. 145.3213.  (A)  AS USED IN THIS SECTION, "BENEFIT"      2,137        

MEANS AN ANNUAL ALLOWANCE, PENSION, OR BENEFIT PAID PURSUANT TO    2,138        

SECTION 145.33, 145.34, 145.36, 145.37, 145.45, OR 145.46 OF THE   2,139        

REVISED CODE, AND INCLUDES ANY AMOUNTS PAID PURSUANT TO SECTIONS   2,141        

145.323 AND 145.332 OF THE REVISED CODE.  "BENEFIT" DOES NOT       2,142        

INCLUDE ANY AMOUNTS PAYABLE BY REASON OF DEPOSITS TO THE           2,143        

EMPLOYEES' SAVINGS FUND PURSUANT TO SECTION 145.23 OF THE REVISED  2,144        

CODE.                                                              2,145        

      (B)  THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL INCREASE   2,147        

                                                          51     


                                                                 
THE BENEFIT PAYABLE TO EACH INDIVIDUAL ELIGIBLE TO RECEIVE A       2,148        

BENEFIT THAT BECAME EFFECTIVE ON OR BEFORE DECEMBER 31, 1979.      2,149        

THE INCREASE SHALL BE EFFECTIVE ON THE FIRST DAY OF THE MONTH      2,150        

FOLLOWING THE EFFECTIVE DATE OF THIS SECTION AND BE AN AMOUNT      2,151        

DETERMINED BY MULTIPLYING THE BENEFIT FOR WHICH THE INDIVIDUAL     2,153        

WAS ELIGIBLE ON THE LAST DAY OF THE MONTH IN WHICH THIS SECTION    2,154        

TAKES EFFECT BY THE FOLLOWING PERCENTAGES AS DETERMINED BY THE     2,156        

CALENDAR YEAR IN WHICH THE BENEFIT BECAME EFFECTIVE:               2,157        

   CALENDAR YEAR EFFECTIVE             PERCENTAGE OF INCREASE      2,160        

       1955 AND EARLIER                         25.0               2,162        

             1956                               28.3               2,164        

             1957                               38.4               2,166        

             1958                               23.2               2,168        

             1959                               27.1               2,170        

             1960                               28.2               2,172        

             1961                               24.6               2,174        

             1962                               27.9               2,176        

             1963                               26.6               2,178        

             1964                               30.1               2,180        

             1965                               23.5               2,182        

             1966                               25.5               2,184        

             1967                               28.7               2,186        

             1968                               21.9               2,188        

             1969                               23.9               2,190        

             1970                               21.5               2,192        

             1971                               22.2               2,194        

             1972                               22.4               2,196        

             1973                               21.3               2,198        

             1974                               21.1               2,200        

             1975                               20.7               2,202        

             1976                               20.6               2,204        

             1977                               20.5               2,206        

             1978                               13.5               2,208        

             1979                               4.0                2,210        

                                                          52     


                                                                 
      (C)  AN INCREASE MADE PURSUANT TO THIS SECTION SHALL BE      2,213        

INCLUDED IN THE CALCULATION OF ADDITIONAL BENEFITS UNDER SECTION   2,214        

145.323 OF THE REVISED CODE.                                       2,215        

      Sec. 145.33.  (A)  Except as provided in division (B) of     2,224        

this section, a member with at least five years of total service   2,225        

credit who has attained age sixty, or who has thirty years of      2,227        

total Ohio service credit, may apply for age and service                        

retirement, which shall consist of:                                2,228        

      (1)  An annuity having a reserve equal to the amount of the  2,230        

member's accumulated contributions at that time;                   2,231        

      (2)  A pension equal to the annuity provided by division     2,233        

(A)(1) of this section;                                            2,234        

      (3)  An additional pension, if the member can qualify for    2,236        

prior service, equal to forty dollars multiplied by the number of  2,237        

years, and fraction thereof, of such prior and military service    2,238        

credit;                                                            2,239        

      (4)  A basic annual pension equal to one hundred eighty      2,241        

dollars if the member has ten or more years of total service       2,242        

credit as of October 1, 1956, except that the basic annual         2,243        

pension shall not exceed the sum of the annual benefits provided   2,244        

by divisions (A)(1), (2), and (3) of this section.  The cost of    2,245        

the basic annual pension shall be included in the deficiency       2,246        

contribution provided by sections 145.48 and 145.50 of the         2,247        

Revised Code.                                                      2,248        

      (5)  When a member retires on age and service retirement,    2,250        

the member's total annual single lifetime allowance, including     2,252        

the allowances provided in divisions (A)(1), (2), (3), and (4) of  2,253        

this section, shall be not less than a base amount adjusted in     2,254        

accordance with division (A)(5) of this section and determined by  2,256        

multiplying the member's total service credit by the greater of    2,257        

the following:                                                                  

      (a)  Eighty-six dollars;                                     2,259        

      (b)  Two and one-tenth TWO-TENTHS per cent of the member's   2,261        

final average salary for each of the first thirty years of         2,263        

                                                          53     


                                                                 
service plus two and one-half per cent of the member's final       2,264        

average salary for each subsequent year of service.                2,265        

      The allowance shall be adjusted by the factors of attained   2,267        

age or years of service to provide the greater amount as           2,268        

determined by the following schedule:                              2,269        

                            Years of              Percentage       2,271        

Attained         or       Total Service               of           2,272        

Birthday                     Credit              Base Amount       2,273        

   58                          25                     75           2,275        

   59                          26                     80           2,276        

   60                          27                     85           2,277        

   61                                                 88           2,278        

                               28                     90           2,279        

   62                                                 91           2,280        

   63                                                 94           2,281        

                               29                     95           2,282        

   64                                                 97           2,283        

   65                      30 or more                100           2,284        

      Members shall vest the right to a benefit in accordance      2,287        

with the following schedule, based on the member's attained age    2,288        

by September 1, 1976:                                              2,289        

                                          Percentage               2,291        

           Attained                           of                   2,292        

           Birthday                      Base Amount               2,293        

              66                             102                   2,294        

              67                             104                   2,295        

              68                             106                   2,296        

              69                             108                   2,297        

          70 or more                         110                   2,298        

      (6)  The total annual single lifetime allowance that a       2,301        

member shall receive under division (A)(5) of this section shall   2,302        

not exceed the lesser of one hundred per cent of the member's      2,304        

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.   2,305        

                                                          54     


                                                                 
415, as amended.                                                   2,306        

      (B)(1)  A member who has at least twenty-five years of       2,308        

total service credit, including credit for military service under  2,309        

division (C)(2) of this section, while serving as a law            2,311        

enforcement officer and who has attained age fifty-two may apply   2,312        

for an age and service retirement benefit, which shall consist of  2,314        

an annual single lifetime allowance equal to the sum of two and    2,315        

one-half per cent of the member's final average salary multiplied  2,316        

by the first twenty-FIVE years of the member's total service plus  2,317        

two and one-tenth per cent of the member's final average salary    2,318        

multiplied by the number of years of the member's total service    2,319        

credit in excess of twenty-FIVE years, except that no allowance    2,320        

shall exceed the lesser of ninety per cent of the member's final   2,322        

average salary or the limit established by section 415 of the      2,323        

"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,  2,324        

as amended.                                                                     

      (2)  A member who has at least fifteen years of total        2,326        

service credit, including credit for military service under        2,327        

division (C)(2) of this section, while serving as a law            2,329        

enforcement officer and has attained sixty-two years of age may                 

apply for an age and service retirement benefit, which shall       2,330        

consist of an annual single lifetime allowance computed as         2,331        

provided in division (B)(1) of this section.  The benefit shall    2,332        

not exceed the limit established by section 415 of the "Internal   2,333        

Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as         2,334        

amended.                                                           2,335        

      (3)  A member with at least fifteen years of total service   2,337        

credit, including credit for military service under division       2,338        

(C)(2) of this section, while serving as a law enforcement         2,339        

officer who voluntarily resigns or is discharged for any reason    2,341        

except death, dishonesty, cowardice, intemperate habits, or        2,342        

conviction of a felony may apply for an age and service            2,343        

retirement benefit, which shall consist of an annual single        2,344        

lifetime allowance equal to one and one-half per cent of the       2,345        

                                                          55     


                                                                 
member's final average salary multiplied by the number of years    2,346        

of the member's total service credit.  The benefit shall not       2,347        

exceed the limit established by section 415 of the "Internal       2,348        

Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as         2,349        

amended.  The allowance shall commence on the first day of the     2,350        

calendar month following the month in which the application is     2,351        

filed with the public employees retirement board on or after the   2,352        

attainment by the applicant of age fifty-two.                      2,353        

      (4)  A member who has at least twenty-five years of total    2,355        

service credit, including credit for military service under        2,356        

division (C)(2) of this section, while serving as a law            2,357        

enforcement officer who voluntarily resigns or is discharged for   2,358        

any reason except death, dishonesty, cowardice, intemperate        2,360        

habits, or conviction of a felony, on or after the date of         2,361        

attaining forty-eight years of age, but before the date of         2,362        

attaining fifty-two years of age, may elect to receive a reduced   2,363        

benefit as determined by the following schedule:                   2,364        

       Attained Age                 Reduced Benefit                2,366        

           48               75% of the benefit payable under       2,368        

                            division (B)(1) of this section        2,369        

           49               80% of the benefit payable under       2,370        

                            division (B)(1) of this section        2,371        

           50               86% of the benefit payable under       2,372        

                            division (B)(1) of this section        2,373        

           51               93% of the benefit payable under       2,374        

                            division (B)(1) of this section        2,375        

      A member who has at least twenty-five years of law           2,378        

enforcement service credit, upon attaining forty-eight,            2,379        

forty-nine, fifty, or fifty-one years of age, may elect to retire  2,380        

and receive a reduced benefit determined by the above schedule.    2,381        

      If a member elects to receive a reduced benefit on or after  2,383        

the date of attaining forty-eight years of age, but before the     2,385        

date of attaining forty-nine years of age, the reduced benefit is  2,386        

payable from the date the member attained forty-eight years of     2,387        

                                                          56     


                                                                 
age or from the date the member becomes eligible to receive the                 

reduced benefit, whichever is later.  If a member elects to        2,388        

receive a reduced benefit on or after the date of attaining        2,389        

forty-nine years of age, but before the date of attaining fifty    2,391        

years of age, the reduced benefit is payable from the date the     2,392        

member attained forty-nine years of age or from the date the       2,393        

member becomes eligible to receive the reduced benefit, whichever  2,394        

is later.  If a member elects to receive a reduced benefit on or   2,395        

after the date of attaining fifty years of age, but before the     2,396        

date of attaining fifty-one years of age, the reduced benefit is   2,397        

payable from the date the member attained fifty years of age or    2,398        

from the date the member becomes eligible to receive the reduced   2,399        

benefit, whichever is later.  If a member elects to receive a      2,400        

reduced benefit on or after the date of attaining fifty-one years  2,401        

of age, but before the date of attaining fifty-two years of age,   2,403        

the reduced benefit is payable from the date the member attained   2,404        

fifty-one years of age or from the date the member becomes         2,405        

eligible to receive the reduced benefit, whichever is later.       2,406        

      Once a member elects to receive a reduced benefit            2,408        

determined by the above schedule and has received a payment, the   2,409        

member may not reelect to change that election.                    2,410        

      If a member who has resigned or been discharged has left on  2,412        

deposit the member's accumulated contributions in the employees'   2,413        

savings fund and has not elected to receive a reduced benefit      2,414        

determined by the above schedule, upon attaining fifty-two years   2,416        

of age, the member shall be entitled to receive a benefit          2,417        

computed and paid under division (B)(1) of this section.                        

      (C)(1)  A member with service credit as a law enforcement    2,419        

officer and other service credit under this chapter may elect one  2,421        

of the following:                                                  2,422        

      (a)  To have all the member's service credit under this      2,424        

chapter, including credit for service as a law enforcement         2,426        

officer, used in calculating a retirement allowance under          2,427        

division (A) of this section if the member qualifies for an        2,428        

                                                          57     


                                                                 
allowance under that division;                                     2,429        

      (b)  If the member qualifies for an allowance under          2,431        

division (B) of this section, to have the member's service credit  2,432        

as a law enforcement officer used in calculating a benefit under   2,433        

that division and the member's credit for all service other than   2,434        

law enforcement service under this chapter used in calculating a   2,435        

benefit consisting of a single life annuity having a reserve       2,436        

equal to the amount of the member's accumulated contributions and  2,437        

an equal amount of the employer's contributions.                   2,438        

      (2)  Notwithstanding sections 145.01 and 145.30 of the       2,440        

Revised Code, no more than four years of military service credit   2,441        

granted under section 145.30 of the Revised Code and five years    2,442        

of military service credit purchased under section 145.301 or      2,443        

145.302 of the Revised Code shall be used in calculating service   2,444        

as a law enforcement officer or the total service credit of that   2,445        

person.                                                                         

      (3)  Only credit for the member's service as a law           2,447        

enforcement officer or service credit obtained as a police         2,448        

officer or state highway patrol trooper shall be used in           2,449        

computing the benefits under division (B) of this section for the  2,450        

following:                                                                      

      (a)  Any person who originally is commissioned and employed  2,452        

as a deputy sheriff by the sheriff of any county, or who           2,453        

originally is elected sheriff, on or after January 1, 1975;        2,454        

      (b)  Any deputy sheriff who originally is employed as a      2,456        

criminal bailiff or court constable on or after April 16, 1993;    2,457        

      (c)  Any person who originally is appointed as a township    2,459        

constable or police officer in a township police department or     2,460        

district on or after January 1, 1981;                              2,461        

      (d)  Any person who originally is employed as a county       2,463        

narcotics agent on or after September 26, 1984;                    2,464        

      (e)  Any person who originally is employed as an undercover  2,466        

drug agent as defined in section 109.79 of the Revised Code,       2,467        

department of public safety enforcement agent who prior to the     2,468        

                                                          58     


                                                                 
effective date of this amendment JUNE 30, 1999, was a liquor       2,470        

control investigator, park officer, forest officer, wildlife       2,472        

officer, state watercraft officer, park district police officer,   2,474        

conservancy district officer, Ohio veterans' home police officer,  2,475        

special police officer for a mental health institution, special    2,476        

police officer for an institution for the mentally retarded and    2,478        

developmentally disabled, or municipal police officer on or after  2,479        

December 15, 1988;                                                              

      (f)  Any person who originally is employed as a state        2,481        

university law enforcement officer on or after November 6, 1996;   2,484        

      (g)  Any person who originally is employed as a Hamilton     2,486        

county municipal court bailiff on or after November 6, 1996;       2,488        

      (h)  Any person who is originally employed as a state        2,490        

university law enforcement officer by the university of Akron on   2,491        

or after September 16, 1998;                                       2,492        

      (i)  Any person who originally is employed as a preserve     2,494        

officer on or after March 18, 1999;                                2,496        

      (j)  Any person who originally is employed as a natural      2,498        

resources law enforcement staff officer on or after March 18,      2,499        

1999;                                                              2,500        

      (k)  Any person who is originally employed as a department   2,502        

of public safety enforcement agent on or after the effective date  2,503        

of this amendment JUNE 30, 1999.                                   2,504        

      (D)  Retirement allowances determined under this section     2,506        

shall be paid as provided in section 145.46 of the Revised Code.   2,507        

      (E)  For the purposes of this section, service prior to the  2,509        

effective date of this amendment JUNE 30, 1999, as a food stamp    2,511        

trafficking agent under former section 5502.14 of the Revised      2,512        

Code shall be considered service as a law enforcement officer.     2,514        

      Sec. 145.331.  (A)  A recipient of a disability allowance    2,523        

under section 145.361 of the Revised Code who is subject to        2,524        

division (C)(3) of that section may make application for age and   2,525        

service retirement under this section.  Retirement shall be        2,526        

effective on the first day of the first month following the last   2,527        

                                                          59     


                                                                 
day for which the disability allowance is paid.                    2,528        

      (B)  The annual allowance payable under this section shall   2,530        

consist of the sum of the amounts determined under divisions       2,531        

(B)(1) and (2) of this section:                                    2,532        

      (1)  The greater of the following:                           2,534        

      (a)  An allowance calculated as provided in section 145.33   2,536        

or 145.34 of the Revised Code, excluding any period during which   2,537        

the applicant received a disability benefit under section 145.361  2,538        

of the Revised Code;                                               2,539        

      (b)  An allowance calculated by multiplying the applicant's  2,541        

total service credit, including service credit for the last        2,542        

continuous period during which he THE APPLICANT received a         2,543        

disability benefit under section 145.361 of the Revised Code, by   2,545        

two and one-tenth TWO-TENTHS per cent of his THE APPLICANT'S       2,546        

final average salary, except that the allowance shall not exceed   2,549        

forty-five per cent of the applicant's final average salary.       2,550        

      (2)  An amount equal to the additional allowance the         2,552        

recipient would receive under section 145.323 of the Revised       2,553        

Code, plus any other additional amount he THE RECIPIENT would      2,554        

receive under this chapter, had he THE RECIPIENT retired under     2,556        

section 145.33 or 145.34 of the Revised Code effective on the      2,558        

effective date of his THE RECIPIENT'S most recent continuous       2,560        

period of receipt of a disability benefit under section 145.361    2,561        

of the Revised Code.                                                            

      (C)  The allowance calculated under division (B) of this     2,563        

section, exclusive of any amount added under division (B)(2) of    2,564        

this section based on section 145.323 of the Revised Code, shall   2,565        

be the base for all future additional allowances under section     2,566        

145.323 of the Revised Code.                                       2,567        

      The anniversary date for future additional allowances under  2,569        

section 145.323 of the Revised Code shall be the effective date    2,570        

of the recipient's most recent continuous period of receipt of a   2,571        

disability benefit under section 145.361 of the Revised Code.      2,572        

      (D)  The retirement allowance determined under this section  2,574        

                                                          60     


                                                                 
shall be paid as provided in section 145.46 of the Revised Code.   2,575        

      Sec. 145.332.  (A)  AS USED IN THIS SECTION, "BENEFIT"       2,578        

MEANS AN ALLOWANCE, PENSION, OR BENEFIT RECEIVED UNDER SECTION     2,579        

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        2,581        

AMOUNTS PAYABLE BY REASON OF DEPOSITS TO THE EMPLOYEES' SAVINGS    2,582        

FUND PURSUANT TO SECTION 145.23 OF THE REVISED CODE.               2,583        

      (B)  THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL            2,585        

RECALCULATE EACH BENEFIT DETERMINED PRIOR TO THE EFFECTIVE DATE    2,586        

OF THIS SECTION.  THE RECALCULATED BENEFIT IS PAYABLE ON THE       2,587        

FIRST DAY OF THE MONTH FOLLOWING THE EFFECTIVE DATE OF THIS        2,588        

SECTION.  THE RECALCULATION SHALL BE MADE AS FOLLOWS:              2,589        

      (1)  RECALCULATE, PURSUANT TO SECTION 145.33, 145.331,       2,591        

145.36, 146.361, OR 145.45 OF THE REVISED CODE AS IN EFFECT ON     2,592        

THE EFFECTIVE DATE OF THIS SECTION, THE BENEFIT INITIALLY          2,595        

GRANTED;                                                                        

      (2)  RECALCULATE, USING THE BENEFIT AMOUNT DETERMINED UNDER  2,597        

DIVISION (B)(1) OF THIS SECTION, ANY INCREASE IN THE BENEFIT       2,599        

AMOUNT THAT WAS AUTHORIZED UNDER THIS CHAPTER OF THE REVISED CODE  2,601        

AND GRANTED BEFORE THE EFFECTIVE DATE OF THIS SECTION;             2,602        

      (3)  THE SUM OF THE AMOUNTS DETERMINED UNDER DIVISIONS       2,605        

(B)(1) AND (2) OF THIS SECTION IS THE RECALCULATED BENEFIT.        2,606        

      (C)  IF THE RECALCULATED BENEFIT IS LESS THAN THE AMOUNT     2,609        

PAYABLE PRIOR TO THE RECALCULATION, THE RETIREMENT SYSTEM SHALL                 

CONTINUE TO PAY THE GREATER BENEFIT.                               2,611        

      (D)  ANY INCREASE RESULTING FROM PAYMENT OF A RECALCULATED   2,613        

BENEFIT SHALL BE INCLUDED IN THE CALCULATION OF ADDITIONAL         2,614        

BENEFITS UNDER SECTIONS 145.323 AND 145.3213 OF THE REVISED CODE.  2,615        

      Sec. 145.34.  Any member who has completed twenty-five       2,624        

years of total service and has attained his THE MEMBER'S           2,625        

fifty-fifth birthday, may retire on a commuted age and service     2,627        

allowance.  Upon retirement on a commuted age and service          2,628        

allowance on or after September 30, 1963, a member shall be        2,629        

granted a retirement allowance consisting of:                      2,630        

                                                          61     


                                                                 
      (A)  An annuity having a reserve equal to the amount of the  2,632        

member's accumulated contributions at that time;                   2,633        

      (B)  A pension equal to the annuity provided by division     2,635        

(A) of this section;                                               2,636        

      (C)  An additional pension, if such member can qualify for   2,638        

prior service credit, the reserve for which, based upon regular    2,639        

interest and the service tables approved by the board, shall be    2,640        

the present worth of the reserve required for the payment of the   2,641        

prior service pension provided by section 145.33 of the Revised    2,642        

Code, after either sixty years of age or thirty years of service   2,643        

credit, whichever can be attained first.  The annual prior         2,644        

service pension shall be determined by the amount of such          2,645        

commuted reserve divided by the age and service annuity rate for   2,646        

the attained age at retirement.                                    2,647        

      (D)  The commuted value calculated as provided in division   2,649        

(C) of this section of a basic annual pension of one hundred       2,650        

eighty dollars, provided the member has ten or more years of       2,651        

total service credit as of October 1, 1956.  The cost of the       2,652        

basic annual pension shall be included in the deficiency           2,653        

contribution.                                                      2,654        

      (E)  When a member retires on commuted age and service       2,656        

retirement, his THE MEMBER'S single lifetime allowance shall not   2,657        

be less than that provided by divisions (A), (B), (C), and (D) of  2,659        

this section and division (A)(5) of section 145.33 of the Revised  2,660        

Code and shall not exceed the limits established by division       2,661        

(A)(6) of that section.                                            2,662        

      A year of service for the purpose of commuted age and        2,664        

service retirement and of applying the minimum retirement          2,665        

allowance as provided in this section is defined as a complete     2,666        

year of full-time employment, or the equivalent thereof.  The      2,667        

board is the final authority in determining the eligibility of an  2,668        

employee for such form of retirement and for such minimum          2,669        

allowance.                                                         2,670        

      In determining eligibility only for retirement under this    2,672        

                                                          62     


                                                                 
section the board shall include in "total service" the years of    2,673        

prior service credit granted members of the public employees       2,674        

retirement system by a publicly owned utility as provided for in   2,675        

section 145.48 of the Revised Code under a pension plan adopted    2,676        

by the publicly owned utility.                                     2,677        

      (F)  Retirement allowances determined under this section     2,679        

shall be paid as provided in section 145.46 of the Revised Code.   2,680        

      Sec. 145.36.  A member who has elected disability coverage   2,689        

under this section, has not attained age sixty, and is determined  2,690        

by the public employees retirement board under section 145.35 of   2,691        

the Revised Code to qualify for a disability benefit shall be      2,692        

retired on disability under this section.                          2,693        

      Upon disability retirement, a member shall receive an        2,695        

annual amount that shall consist of:                               2,696        

      (A)  An annuity having a reserve equal to the amount of the  2,698        

retirant's accumulated contributions;                              2,699        

      (B)  A pension that shall be the difference between his THE  2,701        

MEMBER'S annuity and an annual amount determined by multiplying    2,703        

the total service credit of the retirant, and in addition thereto  2,704        

the projected number of years and fractions thereof between the    2,705        

effective date of his THE MEMBER'S disability retirement and       2,706        

attained age sixty, assuming continuous service, by eighty-six     2,708        

dollars or two and one-tenth TWO-TENTHS per cent of his THE        2,709        

MEMBER'S final average salary, whichever is greater.               2,712        

      Where the recipient is not receiving a disability benefit    2,714        

under section 145.37 of the Revised Code and is receiving a        2,715        

disability benefit from either the state teachers retirement       2,716        

system or the school employees retirement system, the recipient    2,717        

shall not be eligible for service credit based upon the number of  2,718        

years and fractions thereof between the date of disability and     2,719        

attained age sixty as provided for in this division.               2,720        

      In no case shall disability retirement be less than thirty   2,722        

per cent or more than seventy-five per cent of the member's final  2,723        

average salary, except that it shall not exceed any limit to       2,724        

                                                          63     


                                                                 
which the retirement system is subject under section 415 of the    2,725        

"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,  2,726        

as amended.                                                        2,727        

      A year of service for the purpose of disability retirement   2,729        

is a complete year of full-time employment, or the equivalent      2,730        

thereof.  The public employees retirement board is the final       2,731        

authority in determining the eligibility of a member for           2,732        

disability retirement.                                             2,733        

      Sec. 145.361.  (A)  A member with disability coverage under  2,742        

this section who is determined by the public employees retirement  2,743        

board under section 145.35 of the Revised Code to qualify for a    2,744        

disability benefit shall receive a disability allowance under      2,745        

this section.  The allowance shall be an annual amount equal to    2,746        

the greater of the following:                                      2,747        

      (1)  Forty-five per cent of the member's final average       2,749        

salary;                                                            2,750        

      (2)  The member's total service credit multiplied by two     2,752        

and one-tenth TWO-TENTHS per cent of his THE MEMBER'S final        2,754        

average salary, not exceeding sixty per cent of his THE MEMBER'S   2,756        

final average salary.                                                           

      (B)  Sufficient reserves for payment of the disability       2,758        

allowance shall be transferred to the annuity and pension reserve  2,759        

fund from the employers' contribution fund.  The accumulated       2,760        

contributions of the member shall remain in the employees'         2,761        

savings fund.  No part of the allowance paid under this section    2,762        

shall be charged against the member's accumulated contributions.   2,763        

      (C)  A disability allowance paid under this section shall    2,765        

terminate at the earliest of the following:                        2,766        

      (1)  The effective date of age and service retirement under  2,768        

sections 145.32 and 145.33, or section 145.34 or 145.37 of the     2,769        

Revised Code;                                                      2,770        

      (2)  The date the allowance is terminated under section      2,772        

145.362 of the Revised Code;                                       2,773        

      (3)  The later of the last day of the month in which the     2,775        

                                                          64     


                                                                 
recipient attains age sixty-five, or the last day of the month in  2,776        

which the benefit period ends as follows:                          2,777        

     Attained Age at Effective Date                                2,779        

        of Disability Allowance              Benefit Period        2,780        

            60 or 61                            60 months          2,781        

            62 or 63                            48 months          2,782        

            64 or 65                            36 months          2,783        

            66, 67, or 68                       24 months          2,784        

            69 or older                         12 months          2,785        

      Sec. 145.38.  (A)  As used in this section:                  2,795        

      (1)  "PERS retirant" means a former member of the public     2,797        

employees retirement system who is receiving either ONE of the     2,798        

following:                                                         2,799        

      (a)  Age and service retirement benefits under section       2,801        

145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code;    2,802        

      (b)  Age and service retirement benefits paid by the public  2,804        

employees retirement system under section 145.37 of the Revised    2,805        

Code;                                                              2,806        

      (c)  ANY BENEFIT PAID BY THE SYSTEM UNDER A PLAN             2,808        

ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE.              2,809        

      (2)  "Other system retirant" means both of the following:    2,811        

      (a)  A member or former member of the Ohio police and fire   2,814        

pension fund, state teachers retirement system, school employees   2,815        

retirement system, state highway patrol retirement system, or      2,816        

Cincinnati retirement system who is receiving age and service or   2,817        

commuted age and service retirement benefits or a disability       2,818        

benefit from a system of which the person is a member or former    2,819        

member;                                                                         

      (b)  A member or former member of the public employees       2,821        

retirement system who is receiving age and service retirement      2,822        

benefits or a disability benefit under section 145.37 of the       2,823        

Revised Code paid by the school employees retirement system or     2,824        

the state teachers retirement system.                              2,825        

      (B)(1)  Subject to this section, a PERS retirant or other    2,827        

                                                          65     


                                                                 
system retirant may be employed by a public employer.  If so       2,828        

employed, the PERS retirant or other system retirant shall         2,829        

contribute to the public employees retirement system in            2,830        

accordance with section 145.47 of the Revised Code, and the        2,831        

employer shall make contributions in accordance with section       2,832        

145.48 of the Revised Code.                                        2,833        

      (2)  A public employer that employs a PERS retirant or       2,835        

other system retirant, or enters into a contract for services as   2,836        

an independent contractor with a PERS retirant who was employed    2,837        

by the public employer at the time of the retirant's retirement    2,839        

shall notify the retirement board of the employment or contract                 

not later than the end of the month in which the employment or     2,840        

contract commences.  Any overpayment of benefits to a PERS         2,841        

retirant by the retirement system resulting from delay or failure  2,842        

of the employer to give the notice shall be repaid to the          2,843        

retirement system by the employer.                                 2,844        

      (3)  On receipt of notice from a public employer that a      2,846        

person who is an other system retirant has been employed, the      2,847        

retirement system shall notify the retirement system of which the  2,848        

other system retirant was a member of such employment.             2,849        

      (4)(a)  A PERS retirant who has received a retirement        2,851        

allowance for less than six months when employment subject to      2,852        

this section commences shall forfeit the retirement allowance for  2,853        

the period that begins on the date the employment commences and    2,854        

ends on the date that is six months after the date on which the    2,855        

retirement allowance commenced.  Service and contributions for     2,856        

that period shall not be included in calculation of any benefits   2,857        

payable to the PERS retirant and those contributions shall be      2,858        

refunded on the retirant's death or termination of the             2,859        

employment.  For purposes of this division, "employment" shall     2,860        

include service for which the retirant or the retirant's           2,861        

employer, or both, have waived any earnable salary for such        2,862        

service.                                                                        

      (b)  An other system retirant who has received a retirement  2,864        

                                                          66     


                                                                 
allowance or disability benefit for less than two months when      2,866        

employment subject to this section commences shall forfeit the     2,867        

retirement allowance or disability benefit for the period that     2,868        

begins on the date the employment commences and ends on the date   2,869        

that is two months after the date on which the retirement          2,870        

allowance or disability benefit commenced.  Service and            2,871        

contributions for that period shall not be included in the                      

calculation of any benefits payable to the other system retirant   2,872        

and those contributions shall be refunded on the retirant's death  2,874        

or termination of the employment.                                               

      (5)  On receipt of notice from the Ohio police and fire      2,877        

pension fund, school employees retirement system, or state         2,879        

teachers retirement system of the re-employment of a PERS          2,880        

retirant, the public employees retirement system shall not pay,                 

or if paid, shall recover, the amount to be forfeited by the PERS  2,881        

retirant in accordance with section 742.26, 3307.35, or 3309.341   2,883        

of the Revised Code.                                               2,884        

      (6)  A PERS retirant who enters into a contract to provide   2,886        

services as an independent contractor to the employer by which     2,887        

the retirant was employed at the time of retirement or, less than  2,889        

two months after the retirement allowance commences, begins                     

providing services as an independent contractor pursuant to a      2,890        

contract with another public employer, shall forfeit the pension   2,891        

portion of the retirement benefit for the period beginning the     2,892        

first day of the month following the month in which the services   2,893        

begin and ending on the first day of the month following the       2,894        

month in which the services end.  The annuity portion of the       2,895        

retirement allowance shall be suspended on the day services under  2,896        

the contract begin and shall accumulate to the credit of the       2,897        

retirant to be paid in a single payment after services provided    2,898        

under the contract terminate.  A PERS retirant subject to          2,899        

division (B)(6) of this section shall not contribute to the        2,900        

retirement system and shall not become a member of the system.     2,901        

      (C)(1)  Except as provided in division (C)(4) of this        2,903        

                                                          67     


                                                                 
section, a PERS retirant employed pursuant to this section shall   2,905        

elect one of the following:                                                     

      (a)  To receive both compensation for the employment and a   2,908        

retirement allowance;                                                           

      (b)  To receive compensation for the employment and forfeit  2,911        

the pension portion of the retirement allowance.                                

      (2)  A PERS retirant who is described in division (C)(4) of  2,914        

this section or elects to forfeit the pension portion of the       2,915        

retirement allowance under division (C)(1)(b) of this section      2,916        

shall become a new member of the public employees retirement       2,917        

system with all the rights, privileges, and obligations of         2,918        

membership, except that the new membership does not include        2,919        

survivor benefits provided pursuant to section 145.45 of the       2,920        

Revised Code.  The pension portion of the PERS retirant's                       

retirement allowance shall cease on the first day of the first     2,921        

month following commencement of the employment and shall           2,922        

thereafter be forfeited until the first day of the first month     2,923        

following termination of the employment.  The annuity portion of   2,924        

the retirement allowance shall be suspended on the first day of    2,925        

the first month following commencement of the employment and       2,926        

shall thereafter accumulate to the credit of the PERS retirant to  2,927        

be paid in a single payment after termination of the employment.   2,928        

The retirement allowance shall resume on the first day of the      2,929        

first month following termination of the employment.  On           2,930        

termination of the employment, the PERS retirant shall elect to    2,931        

receive either a refund of the retirant's contributions to the     2,933        

retirement system during the period of employment subject to this  2,934        

section or a supplemental retirement allowance based on the        2,935        

retirant's contributions and service credit for that period of     2,936        

employment.                                                                     

      (3)  Except as provided in division (B)(4) of this section,  2,938        

there shall be no suspension or forfeiture of any portion of the   2,939        

retirement allowance payable to other system retirants or to PERS  2,940        

retirants who make an election under division (C)(1)(a) of this    2,941        

                                                          68     


                                                                 
section.                                                           2,942        

      (4)  A PERS retirant shall elect division (C)(1)(b) of this  2,945        

section if both of the following apply:                                         

      (a)  The retirant held elective office in this state, or in  2,947        

any municipal corporation, county, or other subdivision of this    2,948        

state at the time of retirement under Chapter 145. of the Revised  2,949        

Code;                                                                           

      (b)  The retirant was elected or appointed to the same       2,951        

office for the remainder of the term or the term immediately       2,952        

following the term during which the retirement occurred.           2,953        

      (D)(1)  On termination of employment under this section,     2,955        

the PERS retirant who makes an election under division (C)(1)(a)   2,956        

of this section or other system retirant may file an application   2,957        

with the public employees retirement system for a benefit under    2,958        

this division, which shall consist of a single life annuity        2,959        

having a reserve equal to the amount of the retirant's             2,960        

accumulated contributions for the period of employment and an      2,961        

equal amount of the employer's contributions.  The PERS retirant   2,962        

or other system retirant shall elect either to receive the         2,963        

benefit as a monthly annuity for life or a lump-sum payment        2,964        

discounted to the present value using the current actuarial        2,965        

assumption rate of interest, except that if the monthly annuity    2,966        

would be less than twenty-five dollars per month, the retirant     2,967        

shall receive a lump-sum payment.                                  2,968        

      (2)  A benefit payable under this division shall commence    2,970        

on the latest of the following:                                    2,971        

      (a)  The last day for which compensation for employment      2,973        

subject to this section was paid;                                  2,974        

      (b)  Attainment by the PERS retirant or other system         2,976        

retirant of age sixty-five;                                        2,977        

      (c)  If the PERS retirant or other system retirant was       2,979        

previously employed under this section and is receiving or         2,980        

previously received a benefit under this division, completion of   2,981        

a period of twelve months since the effective date of the last     2,982        

                                                          69     


                                                                 
benefit under this division.                                       2,983        

      (3)(a)  If a PERS retirant or other system retirant dies     2,985        

while employed in employment subject to this section, a lump-sum   2,986        

payment calculated in accordance with division (D)(1) of this      2,987        

section shall be paid to the retirant's beneficiary under          2,988        

division (G) of this section.                                      2,989        

      (b)  If at the time of death a PERS retirant or other        2,991        

system retirant receiving a monthly annuity has received less      2,992        

than the retirant would have received as a lump-sum payment, the   2,994        

difference between the amount received and the amount that would   2,995        

have been received as a lump-sum payment shall be paid to the      2,996        

retirant's beneficiary under division (G) of this section.         2,997        

      (4)(a)  A PERS retirant or other system retirant subject to  2,999        

this division is not a member of the public employees retirement   3,000        

system, does not have any of the rights, privileges, or            3,001        

obligations of membership, except as specified in this section,    3,002        

and, except as specified in division (D)(4)(b) of this section,    3,003        

is not eligible to receive health, medical, hospital, or surgical  3,004        

benefits under section 145.58 of the Revised Code for employment   3,005        

subject to this section.  No amount received under this division   3,006        

shall be included in determining an additional benefit under       3,007        

section 145.323 of the Revised Code or any other post-retirement   3,008        

benefit increase.                                                  3,009        

      (b)  A PERS retirant who makes an election under division    3,011        

(C)(1)(a) of this section shall receive primary health, medical,   3,012        

hospital, or surgical insurance coverage from the retirant's       3,013        

employer, if the employer provides coverage to other employees     3,014        

performing comparable work.  Neither the employer nor the PERS     3,015        

retirant may waive the employer's coverage, except that the PERS   3,016        

retirant may waive the employer's coverage if the retirant has     3,017        

coverage comparable to that provided by the employer from a        3,018        

source other than the employer or the public employees retirement  3,019        

system.  If a claim is made, the employer's coverage shall be the  3,020        

primary coverage and shall pay first.  The benefits provided       3,021        

                                                          70     


                                                                 
under section 145.58 of the Revised Code shall pay only those      3,022        

medical expenses not paid through the employer's coverage or       3,023        

coverage the PERS retirant receives through a source other than    3,024        

the retirement system.                                             3,025        

      (E)  If the disability benefit of an other system retirant   3,027        

employed under this section is terminated, the retirant shall      3,028        

become a member of the public employees retirement system,         3,029        

effective on the first day of the month next following the         3,030        

termination with all the rights, privileges, and obligations of    3,031        

membership.  If such person, after the termination of the          3,032        

disability benefit, earns two years of service credit under this   3,033        

system or under the Ohio police and fire pension fund, state       3,035        

teachers retirement system, school employees retirement system,    3,036        

or state highway patrol retirement system, the person's prior      3,037        

contributions as an other system retirant under this section       3,038        

shall be included in the person's total service credit as a        3,039        

public employees retirement system member, and the person shall    3,040        

forfeit all rights and benefits of this section.  Not more than    3,041        

one year of credit may be given for any period of twelve months.   3,042        

      (F)  A PERS retirant who performs services for a public      3,044        

employer as an independent contractor pursuant to a contract with  3,045        

the employer shall not make contributions to the public employees  3,046        

retirement system or become a member of the system.  Except as     3,047        

provided in division (B)(6) of this section, there shall be no     3,048        

suspension or forfeiture of the retirant's retirement allowance.   3,049        

      (G)  A PERS retirant or other system retirant employed       3,051        

under this section may designate one or more persons as            3,052        

beneficiary to receive any benefits payable under this section     3,053        

due to death.  The designation shall be in writing duly executed   3,055        

on a form provided by the public employees retirement board,       3,056        

signed by the PERS retirant or other system retirant, and filed    3,057        

with the board prior to death.  The last designation of a          3,058        

beneficiary revokes all previous designations.  The PERS                        

retirant's or other system retirant's marriage, divorce, marriage  3,059        

                                                          71     


                                                                 
dissolution, legal separation, withdrawal of account, birth of a   3,061        

child, or adoption of a child revokes all previous designations.   3,062        

If there is no designated beneficiary, the beneficiary is the      3,063        

beneficiary determined under division (D) of section 145.43 of     3,064        

the Revised Code.  If any benefit payable under this section due   3,065        

to the death of a PERS retirant or other system retirant is not    3,066        

claimed by a beneficiary within five years after the death, the    3,067        

amount payable shall be transferred to the income fund and         3,068        

thereafter paid to the beneficiary or the estate of the PERS       3,069        

retirant or other system retirant on application to the board.                  

      (H)  This section does not affect the receipt of benefits    3,071        

by or eligibility for benefits of any person who on August 20,     3,072        

1976, was receiving a disability benefit or service retirement     3,073        

pension or allowance from a state or municipal retirement system   3,074        

in Ohio and was a member of any other state or municipal           3,075        

retirement system of this state.                                   3,076        

      (I)  The public employees retirement board may adopt rules   3,078        

to carry out this section.                                         3,079        

      Sec. 145.391.  The public employees retirement board may     3,088        

establish and maintain a qualified governmental excess benefit     3,089        

arrangement that meets the requirements of division (m) of         3,090        

section 415 of the "Internal Revenue Code of 1986," 100 Stat.      3,092        

2085, 26 U.S.C.A. 415, as amended, and any regulations adopted     3,094        

thereunder.  If established, the arrangement shall be a separate   3,095        

portion of the public employees retirement system and be           3,096        

maintained solely for the purpose of providing to retired members  3,097        

that part of a benefit otherwise payable under sections 145.01 to  3,098        

145.59 of the Revised Code THIS CHAPTER that exceeds the limits    3,099        

established by section 415 of the "Internal Revenue Code of        3,100        

1986," as amended.                                                 3,101        

      Members participating in an arrangement established under    3,103        

this section shall not be permitted to elect to defer              3,104        

compensation to the arrangement.  Contributions to and benefits    3,105        

paid under an arrangement shall not be payable from a trust that   3,106        

                                                          72     


                                                                 
is part of the system unless the trust is maintained solely for    3,107        

the purpose of providing such benefits.                            3,108        

      The board shall adopt rules to administer an arrangement     3,110        

established under this section.                                    3,111        

      Sec. 145.41.  Membership shall cease upon refund of          3,120        

accumulated contributions, death, or retirement except as          3,121        

provided in section 145.362 of the Revised Code.  A member who     3,122        

separates from service for any reason other than death or          3,123        

retirement or who otherwise ceases to be a public employee for     3,124        

any reason other than death or retirement may leave his THE        3,125        

MEMBER'S accumulated contributions on deposit with the public      3,127        

employees retirement board and, for the purposes of the public     3,128        

employees retirement system, be considered on a membership leave   3,129        

of absence.  His THE MEMBER'S membership rights shall continue     3,130        

until he THE MEMBER has withdrawn his THE MEMBER'S accumulated     3,132        

contributions, retired on a retirement allowance as provided in    3,134        

section 145.33, 145.331, or 145.34 of the Revised Code, or died.   3,135        

The account of such a member shall remain in the employees'        3,136        

savings fund, except that the account of a member who has less     3,137        

than five calendar years of contributing service credit or is a    3,138        

member of the state teachers retirement system or the school       3,139        

employees retirement system may be transferred to the income fund  3,140        

if by the end of the fifth calendar year following the calendar    3,141        

year in which the last contribution was received the member has    3,142        

not died, claimed a refund of contributions, or requested the      3,143        

retirement board to continue his THE MEMBER'S membership on a      3,144        

leave of absence basis.  In case such a member later requests a    3,146        

refund, his THE MEMBER'S account shall be restored to the          3,148        

employees' savings account and refunded therefrom.  Members on     3,149        

such leaves of absence shall retain all rights, obligations, and   3,150        

privileges of membership in the public employees retirement        3,151        

system.  A "contributor," as defined in division (F) of section    3,152        

145.01 of the Revised Code, who formerly lost his membership       3,153        

through termination of membership leave of absence and who has     3,154        

                                                          73     


                                                                 
not withdrawn his THE CONTRIBUTOR'S account shall be reinstated    3,155        

as a member with all the rights, privileges, and obligations       3,156        

enumerated in sections 145.01 to 145.59 of the Revised Code OF     3,157        

MEMBERSHIP IN THE SYSTEM.  In no case shall a member on leave of   3,159        

absence as provided in this section add to his THE MEMBER'S total  3,160        

number of years of service credit by reason of such leave of       3,162        

absence, unless such member was receiving benefits from the state  3,163        

insurance fund and by reason of such benefits qualified for        3,164        

additional service credit as provided in division (H) of section   3,165        

145.01 of the Revised Code, or was eligible to and does make a     3,166        

payment as provided in section 145.291 of the Revised Code.        3,167        

      Sec. 145.42.  Members of the public employees retirement     3,177        

system on leave of absence as provided in section 145.41 of the    3,178        

Revised Code or who are employees of the United States employment  3,179        

service at the time of the return of these functions to the        3,180        

state, or who reach retirement age prior to such time, or who      3,181        

return to the state service prior to the return of the employment  3,182        

service, may be permitted to pay into the retirement fund the      3,183        

amount they would have paid during such a period of employment     3,184        

with the United States employment service at the member            3,185        

contribution rate in effect at the time of payment, plus interest  3,186        

on such payment compounded annually at a rate to be determined by  3,187        

the board.  The member may choose to purchase only part of such    3,188        

credit in any one payment, subject to board rules.  When a member  3,189        

has made the payment provided in this section he THE MEMBER shall  3,191        

receive credit for the service covered by such payments.  Those    3,192        

who withdrew their accumulated contributions from the system at    3,193        

the time of their separation from the state service, may make a    3,194        

redeposit as provided in section 145.31 of the Revised Code, and   3,195        

thereafter be entitled to all THE benefits of sections 145.01 to   3,196        

145.58 of the Revised Code THIS CHAPTER.                           3,197        

      Sec. 145.45.  Except as provided in division (C)(1) of this  3,207        

section, in lieu of accepting the payment of the accumulated       3,208        

account of a member who dies before service retirement, a          3,209        

                                                          74     


                                                                 
beneficiary, as determined in this section or section 145.43 of    3,210        

the Revised Code, may elect to forfeit the accumulated             3,211        

contributions and to substitute certain other benefits under       3,212        

division (A) or (B) of this section.                                            

      (A)  If a deceased member was eligible for a service         3,214        

retirement benefit as provided in section 145.33, 145.331, or      3,215        

145.34 of the Revised Code, a surviving spouse or other sole       3,216        

dependent beneficiary may elect to receive a monthly benefit       3,218        

computed as the joint-survivor benefit designated as "plan D" in   3,219        

section 145.46 of the Revised Code, which the member would have    3,220        

received had the member retired on the last day of the month of    3,221        

death and had the member at that time selected such                3,223        

joint-survivor plan.  Payment shall begin with the month           3,225        

subsequent to the member's death, except that a surviving spouse   3,226        

who is less than sixty-five years old may defer receipt of such    3,227        

benefit.  Upon receipt, the benefit shall be calculated based      3,228        

upon the spouse's age at the time of first payment, and shall      3,229        

accrue regular interest during the time of deferral.               3,230        

      (B)  If a deceased member had at least one and one-half      3,232        

years of contributing service credit, with at least one-quarter    3,233        

year of contributing service credit within the two and one-half    3,234        

years prior to the date of death, or was receiving at the time of  3,235        

death a disability benefit as provided in section 145.36,          3,236        

145.361, or 145.37 of the Revised Code, certain qualified          3,237        

survivors may WHO elect to receive monthly benefits as SHALL       3,239        

RECEIVE THE GREATER OF THE BENEFITS provided in divisions          3,240        

DIVISION (B)(1)(a) OR (b) and (5) of this section AS ALLOCATED IN  3,241        

ACCORDANCE WITH DIVISION (B)(6) OF THIS SECTION.                   3,242        

      (1)(a)                                                       3,244        

      Number                                                                    

      of Qualified                                     Or          3,245        

      survivors        Annual Benefit as a Per   Monthly Benefit   3,246        

      affecting        Cent of Decedent's Final  shall not be      3,247        

      the benefit      Average Salary            less than         3,248        

                                                          75     


                                                                 
          1                 25%                     $ 96 250       3,249        

          2                 40                       186 400       3,250        

          3                 50                       236 500       3,251        

          4                 55                       236 500       3,252        

          5 or more         60                       236 500       3,253        

      (b)  YEARS OF                ANNUAL BENEFIT AS A PER CENT    3,257        

           SERVICE                  OF MEMBER'S FINAL AVERAGE      3,259        

                                              SALARY               3,260        

              20                                29%                3,262        

              21                                33                 3,263        

              22                                37                 3,264        

              23                                41                 3,265        

              24                                45                 3,266        

              25                                48                 3,267        

              26                                51                 3,268        

              27                                54                 3,269        

              28                                57                 3,270        

          29 OR MORE                            60                 3,271        

      (2)  THE FINAL AVERAGE SALARY USED IN THE CALCULATION OF A   3,274        

BENEFIT PAYABLE PURSUANT TO THIS DIVISION TO A QUALIFIED SURVIVOR  3,275        

OF A DISABILITY BENEFIT RECIPIENT SHALL BE ADJUSTED FOR EACH YEAR  3,276        

BETWEEN THE DISABILITY BENEFIT'S EFFECTIVE DATE AND THE            3,277        

RECIPIENT'S DATE OF DEATH BY THE LESSER OF THREE PER CENT OR THE   3,278        

ACTUAL AVERAGE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX                  

PREPARED BY THE UNITED STATES BUREAU OF LABOR STATISTICS (U.S.     3,280        

CITY AVERAGE FOR URBAN WAGE EARNERS AND CLERICAL WORKERS:  "ALL    3,282        

ITEMS 1982-84=100").                                                            

      (3)  Benefits shall begin as qualified survivors meet        3,284        

eligibility requirements as follows:                               3,285        

      (a)  A qualified spouse is the surviving spouse of the       3,287        

deceased member, who is age sixty-two, or REGARDLESS OF age fifty  3,290        

if the deceased member had ten or more years of Ohio service       3,292        

credit, or regardless of age if caring for a qualified child, or   3,293        

regardless of age if adjudged physically or mentally incompetent.  3,295        

                                                          76     


                                                                 
A spouse of a member who died prior to August 27, 1970, whose      3,296        

eligibility was determined at the member's death, and who is       3,297        

physically or mentally incompetent on or after August 20, 1976,    3,298        

shall be paid the monthly benefit which that person would                       

otherwise receive when qualified by age.                           3,299        

      (b)  A qualified child is any unmarried child of the         3,303        

deceased member under WHO HAS NEVER BEEN MARRIED AND TO WHOM ONE   3,304        

OF THE FOLLOWING APPLIES:                                          3,305        

      (i)  IS UNDER age eighteen, or under age twenty-two if the   3,308        

child is attending an institution of learning or training                       

pursuant to a program designed to complete in each school year     3,309        

the equivalent of at least two-thirds of the full-time curriculum  3,310        

requirements of such institution and as further determined by      3,311        

board policy, or regardless;                                       3,312        

      (ii)  REGARDLESS of age if, IS adjudged physically or        3,315        

mentally incompetent at the time of the member's death.            3,316        

      (c)  A qualified parent is a dependent parent aged           3,318        

sixty-five or older or regardless of age if physically or          3,320        

mentally incompetent, a dependent parent whose eligibility was     3,321        

determined by the member's death prior to August 20, 1976, and     3,322        

who is physically or mentally incompetent on or after August 20,   3,323        

1976, shall be paid the monthly benefit for which that person      3,324        

would otherwise qualify.                                                        

      (3)(4)  "Physically or mentally incompetent" as used in      3,326        

this section may be determined by a court of jurisdiction, or by   3,327        

a physician appointed by the retirement board.  Incapability of    3,328        

making a living because of a physically or mentally disabling      3,329        

condition shall meet the qualifications of this division.          3,330        

      (4)(5)  Benefits to a qualified survivor shall terminate     3,332        

upon ceasing to meet eligibility requirements as provided in this  3,334        

division, a first marriage, abandonment, adoption, or during       3,336        

active military service.  Benefits to a deceased member's          3,337        

surviving spouse that were terminated under a former version of    3,338        

this section that required termination due to remarriage and were  3,339        

                                                          77     


                                                                 
not resumed prior to September 16, 1998, shall resume on the       3,341        

first day of the month immediately following receipt by the board  3,342        

of an application on a form provided by the board.                 3,343        

      Upon the death of any subsequent spouse who was a member of  3,346        

the public employees retirement system, state teachers retirement  3,347        

system, or school employees retirement system, the surviving       3,348        

spouse of such member may elect to continue receiving benefits     3,349        

under this division, or to receive survivor's benefits, based      3,350        

upon the subsequent spouse's membership in one or more of the      3,351        

systems, for which such surviving spouse is eligible under this    3,352        

section or section 3307.66 or 3309.45 of the Revised Code.  If     3,353        

the surviving spouse elects to continue receiving benefits under   3,355        

this division, such election shall not preclude the payment of     3,356        

benefits under this division to any other qualified survivor.      3,357        

      Benefits shall begin or resume on the first day of the       3,359        

month following the attainment of eligibility and shall terminate  3,360        

on the first day of the month following loss of eligibility.       3,361        

      (5)  Benefits (6)(a)  IF A BENEFIT IS PAYABLE UNDER          3,363        

DIVISION (B)(1)(a) OF THIS SECTION, BENEFITS to a qualified        3,365        

spouse shall be paid in the amount determined for the first        3,366        

qualifying survivor in division (B)(1)(a) of this section, but     3,368        

shall not be less than one hundred six dollars per month if the    3,369        

deceased member had ten or more years of Ohio service credit.      3,370        

All other qualifying survivors shall share equally in the benefit  3,371        

or remaining portion thereof.                                      3,372        

      (b)  ALL QUALIFYING SURVIVORS SHALL SHARE EQUALLY IN A       3,374        

BENEFIT PAYABLE UNDER DIVISION (B)(1)(b) OF THIS SECTION, EXCEPT   3,376        

THAT IF THERE IS A SURVIVING SPOUSE, THE SURVIVING SPOUSE SHALL    3,377        

RECEIVE NOT LESS THAN THE AMOUNT DETERMINED FOR THE FIRST          3,379        

QUALIFYING SURVIVOR IN DIVISION (B)(1)(a) OF THIS SECTION.         3,380        

      (6)(7)  The beneficiary of a member who is also a member of  3,382        

the state teachers retirement system or of the school employees    3,383        

retirement system, must forfeit the member's accumulated           3,384        

contributions in those systems and in the public employees         3,385        

                                                          78     


                                                                 
retirement system, if the beneficiary takes a survivor benefit.    3,388        

Such benefit shall be exclusively governed by section 145.37 of                 

the Revised Code.                                                  3,389        

      (C)(1)  Regardless of whether the member is survived by a    3,393        

spouse or designated beneficiary, if the public employees                       

retirement system receives notice that a deceased member           3,394        

described in division (A) or (B) of this section has one or more   3,395        

qualified children, all persons who are qualified survivors under  3,397        

division (B) of this section shall receive monthly benefits as     3,399        

provided in division (B) of this section.                          3,400        

      If, after determining the monthly benefits to be paid under  3,402        

division (B) of this section, the system receives notice that      3,403        

there is a qualified survivor who was not considered when the      3,404        

determination was made, the system shall, notwithstanding section  3,405        

145.561 of the Revised Code, recalculate the monthly benefits      3,407        

with that qualified survivor included, even if the benefits to     3,408        

qualified survivors already receiving benefits are reduced as a    3,409        

result.  The benefits shall be calculated as if the qualified      3,410        

survivor who is the subject of the notice became eligible on the                

date the notice was received and shall be paid to qualified        3,411        

survivors effective on the first day of the first month following  3,412        

the system's receipt of the notice.                                3,413        

      If the retirement system did not receive notice that a       3,415        

deceased member has one or more qualified children prior to        3,417        

making payment under section 145.43 of the Revised Code to a       3,420        

beneficiary as determined by the retirement system, the payment    3,421        

is a full discharge and release of the system from any future      3,422        

claims under this section or section 145.43 of the Revised Code.   3,423        

      (2)  If benefits under division (C)(1) of this section to    3,426        

all persons, or to all persons other than a surviving spouse or    3,428        

other sole beneficiary, terminate, there are no children under                  

the age of twenty-two years, and the surviving spouse or           3,429        

beneficiary qualifies for benefits under division (A) of this      3,431        

section, the surviving spouse or beneficiary may elect to receive  3,432        

                                                          79     


                                                                 
benefits under division (A) of this section.  The benefits shall   3,433        

be effective on the first day of the month immediately following   3,434        

the termination.                                                                

      (D)  If the survivor benefits due and paid under this        3,436        

section are in a total amount less than the member's accumulated   3,437        

account that was transferred from the public employees' savings    3,438        

fund to the survivors' benefit fund, then the difference between   3,439        

the total amount of the benefits paid shall be paid to the         3,440        

beneficiary under section 145.43 of the Revised Code.              3,441        

      Sec. 145.451.  (A)  Upon the death of a retirant or          3,450        

disability benefit recipient, who at the time of death is          3,451        

receiving an age and service retirement benefit or a disability    3,452        

benefit from this system, a death benefit shall be paid,           3,453        

following the completion of an application on a form approved by   3,454        

the public employees retirement board, to one of the following in  3,455        

the order given:                                                   3,456        

      (1)  The person he THE RETIRANT OR DISABILITY BENEFIT        3,458        

RECIPIENT has designated in writing duly executed on a form        3,460        

provided by the board, signed by him THE RETIRANT OR DISABILITY    3,461        

BENEFIT RECIPIENT, and filed with the board.  If more than one     3,462        

such designation has been made, the person last designated shall   3,463        

be considered the person designated.                                            

      (2)  His THE RETIRANT'S OR DISABILITY BENEFIT RECIPIENT'S    3,465        

surviving spouse;                                                  3,466        

      (3)  His THE RETIRANT'S OR DISABILITY BENEFIT RECIPIENT'S    3,468        

children, share and share alike;                                   3,469        

      (4)  His THE RETIRANT'S OR DISABILITY BENEFIT RECIPIENT'S    3,471        

parents, share and share alike;                                    3,472        

      (5)  The person responsible for burial expenses;             3,474        

      (6)  The retirant's or disability benefit recipient's        3,476        

estate.                                                            3,477        

      (B)  The amount of the death benefit shall be as follows:    3,479        

      (1)  If the retirant or disability benefit recipient had at  3,481        

least five years' but less than ten years' total service credit,   3,482        

                                                          80     


                                                                 
five hundred dollars;                                              3,483        

      (2)  If the retirant or disability benefit recipient had at  3,485        

least ten years' but less than fifteen years' total service        3,486        

credit, one thousand dollars;                                      3,487        

      (3)  If the retirant or disability benefit recipient had at  3,489        

least fifteen years' but less than twenty years' total service     3,490        

credit, one thousand five hundred dollars;                         3,491        

      (4)  If the retirant or disability benefit recipient had at  3,493        

least twenty years' but less than twenty-five years' total         3,494        

service credit, two thousand dollars;                              3,495        

      (5)  If the retirant or disability benefit recipient had     3,497        

twenty-five or more years' total service credit, two thousand      3,498        

five hundred dollars.                                              3,499        

      (C)  A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS   3,501        

LIFE INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED    3,502        

SOLELY FROM CONTRIBUTIONS MADE UNDER SECTION 145.48 OF THE         3,503        

REVISED CODE AND ANY EARNINGS ATTRIBUTABLE TO THOSE                3,504        

CONTRIBUTIONS.                                                                  

      Sec. 145.452.  Upon the death of a member prior to receipt   3,513        

of a disability benefit or service retirement, the surviving       3,514        

spouse or dependents of the deceased member shall have the right   3,515        

to purchase any service credit the member, had he THE MEMBER not   3,516        

died, would have been eligible to purchase under sections 145.01   3,518        

to 145.59 of the Revised Code THIS CHAPTER upon the same terms     3,519        

and conditions that the deceased member could have purchased such  3,520        

service credit had he THE MEMBER not died.  Any service credit     3,522        

purchased under this section shall be applied under the                         

provisions of sections 145.01 to 145.59 of the Revised Code THIS   3,523        

CHAPTER in the same manner as it would have been applied had it    3,525        

been purchased by the deceased member during his THE DECEASED      3,526        

MEMBER'S lifetime.                                                              

      Sec. 145.46.  (A)  A retirement allowance calculated under   3,535        

section 145.33, 145.331, or 145.34 of the Revised Code shall be    3,536        

paid as provided in this section.  If the member is eligible to    3,537        

                                                          81     


                                                                 
elect a plan of payment under this section, the election shall be  3,538        

made on a form provided by the public employees retirement board.  3,539        

A plan of payment elected under this section shall be effective    3,540        

only if approved by the board, which shall approve it only if it   3,541        

is certified by an actuary engaged by the board to be the          3,542        

actuarial equivalent of the retirement allowance calculated under  3,543        

section 145.33, 145.331, or 145.34 of the Revised Code.            3,544        

      (B)(1)  Unless the member is eligible to elect another plan  3,546        

of payment, a member who retires under section 145.32, 145.331,    3,547        

or 145.34 of the Revised Code shall receive a retirement           3,548        

allowance under "plan A," which shall consist of the actuarial     3,549        

equivalent of the member's retirement allowance determined under   3,551        

section 145.33, 145.331, or 145.34 of the Revised Code in a        3,552        

lesser amount payable for life and one-half of such allowance      3,553        

continuing after death to the member's surviving spouse for the    3,555        

life of the spouse.                                                3,556        

      A member may elect to receive the member's retirement        3,558        

allowance under a plan of payment other than "plan A" if the       3,560        

member is not married or either the member's spouse consents in    3,561        

writing to the member's election of a plan of payment other than   3,563        

"plan A" or the board waives the requirement that the spouse       3,564        

consent.  An application for retirement shall include an           3,565        

explanation of all of the following:                               3,566        

      (a)  That, if the member is married, unless the spouse       3,569        

consents to another plan of payment, the member's retirement       3,570        

allowance will be paid under "plan A," which consists of the       3,571        

actuarial equivalent of the member's retirement allowance in a     3,572        

lesser amount payable for life and one-half of the allowance       3,573        

continuing after death to the surviving spouse for the life of     3,574        

the spouse;                                                        3,575        

      (b)  A description of the alternative plans of payment       3,578        

available with the consent of the spouse;                                       

      (c)  That the spouse may consent to another plan of payment  3,581        

and the procedure for giving consent;                                           

                                                          82     


                                                                 
      (d)  That consent is irrevocable once notice of consent is   3,583        

filed with the board.                                              3,584        

      Consent shall be valid only if it is signed, in writing,     3,588        

and witnessed by a notary public.  The board may waive the         3,591        

requirement of consent if the spouse is incapacitated or cannot    3,593        

be located or for any other reason specified by the board.         3,594        

Consent or waiver is effective only with regard to the spouse who  3,596        

is the subject of the consent or waiver.                           3,597        

      (2)  A member eligible to elect to receive the member's      3,599        

retirement allowance under a plan of payment other than "plan A"   3,601        

shall receive the member's retirement allowance under one of the   3,602        

following plans elected at the time the member makes application   3,604        

for retirement:                                                    3,605        

      (a)  "Plan B," which shall consist of an allowance           3,607        

determined under section 145.33, 145.331, or 145.34 of the         3,608        

Revised Code;                                                      3,609        

      (b)  "Plan C," which shall consist of the actuarial          3,611        

equivalent of the member's retirement allowance determined under   3,612        

section 145.33, 145.331, or 145.34 of the Revised Code in a        3,613        

lesser amount payable for life and one-half or some other portion  3,615        

of the allowance continuing after death to the member's sole       3,616        

surviving beneficiary designated at the time of the member's       3,617        

retirement, provided that the amount payable to the beneficiary    3,618        

does not exceed the amount payable to the member;                  3,619        

      (c)  "Plan D," which shall consist of the actuarial          3,621        

equivalent of the member's retirement allowance determined under   3,622        

section 145.33, 145.331, or 145.34 of the Revised Code in a        3,623        

lesser amount payable for life and continuing after death to a     3,626        

surviving beneficiary designated at the time of the member's       3,627        

retirement;                                                                     

      (d)  "Plan E," which shall consist of the actuarial          3,629        

equivalent of the member's retirement allowance determined under   3,630        

section 145.33, 145.331, or 145.34 of the Revised Code in a        3,631        

lesser amount payable for a certain period from the member's       3,632        

                                                          83     


                                                                 
retirement date as elected by the member and approved by the       3,633        

retirement board, and on the member's death before the expiration  3,635        

of that certain period the member's lesser retirement allowance    3,637        

payable for the remainder of that period to the member's           3,639        

surviving designated beneficiary nominated by written designation  3,641        

filed with the retirement board.                                                

      Should the nominated beneficiary designated in writing die   3,643        

prior to the expiration of the guarantee period, then for the      3,644        

purpose of completing payment for the remainder of the guarantee   3,645        

period, the present value of such payments shall be paid to the    3,646        

estate of the beneficiary last receiving.                          3,647        

      (3)  A member eligible to elect to receive the member's      3,649        

retirement allowance under a plan of payment other than "plan A"   3,651        

because the member is unmarried who fails to make an election on   3,653        

retirement shall receive the member's retirement allowance under   3,654        

"plan B."                                                                       

      (C)  If the retirement allowances, as a single life annuity  3,656        

or payment plan as provided in this section, due and paid are in   3,657        

a total amount less than (1) the accumulated contributions, and    3,658        

(2) other deposits made by the member as provided by sections      3,659        

145.01 to 145.59 of the Revised Code THIS CHAPTER, standing to     3,660        

the credit of the member at the time of retirement, then the       3,662        

difference between the total amount of the allowances paid and     3,663        

the accumulated contributions and other deposits shall be paid to  3,664        

the beneficiary provided under division (D) of section 145.43 of   3,665        

the Revised Code.                                                  3,666        

      (D)(1) The death of a spouse or any designated beneficiary   3,668        

following retirement shall cancel any plan of payment to provide   3,669        

continuing lifetime benefits to the spouse or beneficiary and      3,670        

return the retirant to the retirant's single lifetime benefit      3,672        

equivalent, as determined by the board, to be effective the month  3,673        

following receipt by the board of notice of the death.             3,674        

      (2)  On divorce, annulment, or marriage dissolution, a       3,676        

retirant receiving a retirement allowance under a plan that        3,677        

                                                          84     


                                                                 
provides for continuation of all or part of the allowance after    3,678        

death for the lifetime of the retirant's surviving spouse may,     3,680        

with the written consent of the spouse or pursuant to an order of  3,681        

the court with jurisdiction over the termination of the marriage,  3,682        

elect to cancel the plan and receive the member's single lifetime  3,684        

benefit equivalent as determined by the retirement board.  The     3,685        

election shall be made on a form provided by the board and shall   3,686        

be effective the month following its receipt by the board.         3,687        

      (E)  Following a marriage or remarriage, a retirant who is   3,689        

receiving the retirant's retirement allowance under "plan B" may   3,691        

elect a new plan of payment under division (B)(1), (2)(b), or      3,692        

(2)(c) of this section based on the actuarial equivalent of the    3,693        

retirant's single lifetime benefit as determined by the board.     3,695        

The plan shall become effective the first day of the month         3,696        

following receipt by the board of an application on a form         3,697        

approved by the board.                                                          

      (F)  Any person who, prior to July 24, 1990, selected an     3,699        

optional plan of payment at retirement that provided for a return  3,700        

to the single life benefit after the designated beneficiary's      3,701        

death shall have the retirant's benefit adjusted to the optional   3,703        

plan equivalent without such provision.                            3,704        

      (G)  A retirant's receipt of the first month's retirement    3,706        

allowance constitutes the retirant's final acceptance of the plan  3,708        

of payment and may be changed only as provided in this chapter.    3,709        

      Sec. 145.47.  Each public employee who is a contributor to   3,719        

the public employees retirement system shall contribute eight per  3,720        

cent of his THE CONTRIBUTOR'S earnable salary to the employees'    3,721        

savings fund, except that the public employees retirement board    3,723        

may raise the contribution rate to a rate not greater than ten     3,724        

per cent of the employee's earnable salary.                        3,725        

      The head of each state department, institution, board, and   3,727        

commission, and the fiscal officer of each local authority         3,728        

subject to this chapter, shall deduct from the earnable salary of  3,729        

each contributor on every payroll of such contributor for each     3,730        

                                                          85     


                                                                 
payroll period subsequent to the date of coverage, an amount       3,731        

equal to the applicable per cent of the contributor's earnable     3,732        

salary.  The head of each state department and the fiscal officer  3,733        

of each local authority subject to this chapter shall transmit     3,734        

promptly to the secretary of the public employees retirement       3,735        

board SYSTEM a report of contributions at such intervals and in    3,736        

such form as the board SYSTEM shall require, showing thereon all   3,738        

deductions for the public employees retirement system made from    3,740        

the earnable salary of each contributor employed, together with    3,741        

warrants or checks covering the total of such deductions.  A       3,742        

penalty of five per cent of the total amount due for the           3,743        

particular reporting period shall be added when such report,       3,744        

together with warrants or checks to cover the total amount due     3,745        

from the earnable salary of all amenable employees of such         3,746        

employer are, IS filed thirty or more days after the last day of   3,747        

such reporting period.  Such penalty shall be added to and         3,748        

collected on the next succeeding regular employer billing.         3,749        

Interest at a rate set by the retirement board shall be charged    3,750        

on the amount of the penalty in case such penalty is not paid      3,751        

within three months after it is added to the regular employer      3,752        

billing.  The secretary of the board SYSTEM, after making a        3,753        

record of all such receipts, shall deposit them with the           3,755        

treasurer of state for use as provided by this chapter.  In        3,756        

addition to the periodical reports of deduction required by this   3,757        

section, the fiscal officer of each local authority subject to     3,758        

this chapter shall submit to the board SYSTEM at least once each   3,760        

year a complete listing of all noncontributing appointive          3,761        

employees.  Where an employer fails to transmit contributions to   3,762        

the retirement system, the retirement board SYSTEM may make a      3,764        

determination of the employees' liability for contributions and    3,765        

certify to the employer the amounts due for collection in the      3,766        

same manner as payments due the employers' accumulation fund,      3,767        

provided that any.  ANY amounts so collected shall be a penalty    3,769        

against the employer and held in trust pending receipt of A        3,770        

                                                          86     


                                                                 
REPORT OF contributions from FOR such public employees for the     3,771        

period involved as provided by law and, thereafter, the amount in  3,772        

trust shall be transferred to the EMPLOYEES' SAVINGS FUND TO THE   3,773        

CREDIT OF THE EMPLOYEES.  ANY AMOUNT REMAINING AFTER THE TRANSFER  3,774        

TO THE EMPLOYEES' SAVINGS FUND SHALL BE TRANSFERRED TO THE         3,775        

employers' accumulation fund as a credit of such employer.  The    3,777        

fiscal officer shall require each new contributor to submit to     3,778        

the board SYSTEM a detailed report of all his THE CONTRIBUTOR'S    3,780        

previous service as a public employee along with such other facts  3,782        

as the board requires for the proper operation of the public       3,783        

employees retirement system.                                                    

      Any member who, because of his THE MEMBER'S own illness,     3,785        

injury, or other reason which may be approved by his THE MEMBER'S  3,787        

employer is prevented from making his THE MEMBER'S contribution    3,789        

to the system for any payroll period, may pay such deductions as   3,791        

a back payment within one year.                                    3,792        

      Sec. 145.48.  (A)   Each employer shall pay to the           3,801        

employers' accumulation fund PUBLIC EMPLOYEES RETIREMENT SYSTEM    3,802        

an amount that shall be a certain per cent of the earnable salary  3,804        

of all contributors to be known as the "employer contribution,"    3,805        

except that the public employees retirement board may raise the    3,806        

employer contribution to a rate not to exceed fourteen per cent    3,807        

of the earnable salaries of all contributors.  On                  3,808        

      (B)(1)  ON the basis of regular interest and of such         3,810        

mortality and other tables as are adopted by the public employees  3,811        

retirement board, the actuary for the board shall determine the    3,812        

liabilities and employer rates of contribution as follows:         3,813        

      (A)(a)  The percentage of such earnable salary that will     3,816        

provide a pension reserve sufficient to match the accumulated      3,817        

contributions of those members or beneficiaries who will retire    3,818        

and qualify for retirement allowances or other benefits as         3,819        

provided by sections 145.33, 145.331, 145.34, 145.36, 145.361,     3,820        

145.38, and division (A) of 145.45 of the Revised Code;            3,821        

      (B)  The percentage of such earnable salary required to pay  3,823        

                                                          87     


                                                                 
the liability for the prior service credit, disability credit      3,824        

prior to the effective date of a disability benefit, and the       3,825        

military service credit of members;                                3,826        

      (C)  The percentage of such earnable salary required to pay  3,828        

the liability of the survivors' benefit fund in excess of the      3,829        

accumulated contributions forfeited by beneficiaries;              3,830        

      (D)  The percentage of such earnable salary required to pay  3,832        

the additional liability in the annuity and pension reserve fund   3,833        

due to the allowances or other benefits provided by sections       3,834        

145.33, 145.331, 145.34, 145.36, 145.361, and 145.45 of the        3,835        

Revised Code;                                                      3,836        

      (E)  The percentage of such earnable salary required to      3,838        

fund any deficiencies in the various funds described in section    3,839        

145.23 of the Revised Code;                                        3,840        

      (F)  Such employer obligation shall include the normal and   3,842        

deficiency contributions and employer liability resulting from     3,843        

omitted member contributions required under sections 145.47 and    3,844        

145.483 of the Revised Code, but not made by payroll deduction,    3,845        

WHEN ADDED TO THE PER CENT OF EARNABLE SALARY CONTRIBUTED BY EACH  3,847        

MEMBER, WILL COVER THE COSTS OF BENEFITS TO BE PAID TO MEMBERS                  

FOR EACH YEAR OF SERVICE RENDERED;                                 3,848        

      (b)  THE PERCENTAGE OF EARNABLE SALARY THAT, IF PAID OVER A  3,850        

PERIOD OF FUTURE YEARS, WILL DISCHARGE FULLY THE SYSTEM'S          3,851        

UNFUNDED ACTUARIAL ACCRUED PENSION LIABILITY;                      3,852        

      (c)  THE PERCENTAGE OF EARNABLE SALARY DESIGNATED BY THE     3,854        

BOARD TO PAY BENEFITS AUTHORIZED UNDER SECTION 145.58 OF THE       3,855        

REVISED CODE.                                                      3,856        

      (2)  IF RECOGNIZED ASSETS EXCEED THE LIABILITIES FOR         3,858        

SERVICE PREVIOUSLY RENDERED, ON APPROVAL OF THE BOARD, A           3,859        

PERCENTAGE OF EARNABLE SALARY MAY BE DEDUCTED FROM THE EMPLOYER    3,860        

RATES OF CONTRIBUTION THAT, IF DEDUCTED ANNUALLY OVER A PERIOD OF  3,861        

FUTURE YEARS, WILL ELIMINATE THE EXCESS.                                        

      (C)  Any publicly owned utility that became subject to this  3,863        

chapter subsequent to July 1, 1938, shall assume before January    3,864        

                                                          88     


                                                                 
1, 1967, the obligation to pay those of its employees entitled to  3,865        

any prior service credit a pension for such service that is in an  3,866        

amount at least equal to the pension provided for other public     3,867        

employees under sections 145.01 to 145.59 of the Revised Code      3,868        

THIS CHAPTER.  No employers' contributions for prior service       3,870        

credit shall be required of such publicly owned utility.  The      3,871        

public employees retirement system has no obligation to pay a      3,872        

prior service pension to any such employees of a publicly owned    3,873        

utility, nor is it obligated to grant any service credit for       3,874        

service with such utility prior to May 1, 1942, or prior to the    3,875        

date such utility became subject to sections 145.01 to 145.59 of   3,876        

the Revised Code THIS CHAPTER, whichever is the later date.        3,878        

      The aggregate of all employer rates and contributions        3,880        

provided thereby shall be sufficient when combined with the        3,881        

amounts in the various funds described in section 145.23 of the    3,882        

Revised Code, to provide all allowances, annuities, pensions, and  3,883        

other benefits payable from the funds.                             3,884        

      Sec. 145.491 145.49.  Notwithstanding any provision of       3,893        

sections 145.01 to 145.59 of the Revised Code THIS CHAPTER, the    3,895        

public employees retirement system shall be authorized to          3,897        

calculate the employee and employer contribution rates separately               

for those employees contributing toward benefits under division    3,898        

(B) of section 145.33 of the Revised Code.                         3,899        

      Sec. 145.55.  The deductions provided for in sections        3,908        

145.01 to 145.59 of the Revised Code THIS CHAPTER shall be made    3,910        

notwithstanding that the minimum compensation provided for by law  3,912        

for any contributor is reduced thereby.  Every contributor is      3,913        

deemed to consent to the deductions made and provided for in such               

sections and shall receipt in full for his salary or               3,914        

compensation, and payment THIS CHAPTER.  PAYMENT less the          3,915        

deductions shall be a complete discharge and acquittance of all    3,916        

claims and demands whatsoever for the services rendered by such    3,917        

person during the period covered by such payment.                  3,918        

      Sec. 145.56.  The right of a person to a pension, an         3,927        

                                                          89     


                                                                 
annuity, or a retirement allowance itself, any optional benefit,   3,928        

any other right accrued or accruing to any person, under sections  3,929        

145.01 to 145.58 of the Revised Code THIS CHAPTER, or of any       3,930        

municipal retirement system established subject to such sections   3,932        

THIS CHAPTER, under the laws of this state or any charter, the     3,935        

various funds created by sections 145.01 to 145.58 of the Revised  3,936        

Code THIS CHAPTER, or under such municipal retirement system, and  3,938        

all moneys and investments and income thereof, are exempt from     3,939        

any state tax, except the tax imposed by section 5747.02 of the    3,940        

Revised Code and are exempt from any county, municipal, or other   3,942        

local tax, except taxes imposed pursuant to section 5748.02 or     3,943        

5748.08 of the Revised Code and, except as provided in sections    3,945        

145.57, 3111.23, and 3113.21 of the Revised Code, shall not be     3,946        

subject to execution, garnishment, attachment, the operation of    3,947        

bankruptcy or the insolvency laws, or other process of law, and    3,948        

shall be unassignable except as specifically provided in THIS      3,949        

CHAPTER AND sections 145.01 to 145.58, 3111.23, and 3113.21 of     3,951        

the Revised Code.                                                               

      Sec. 145.563.  If a member, former member, contributor,      3,960        

former contributor, retirant, or beneficiary is paid any benefit   3,961        

by the public employees retirement system to which he SUCH A       3,962        

PERSON is not entitled, the benefit shall be repaid to the         3,964        

retirement system by him THE PERSON.  If he THE PERSON fails to    3,965        

make the repayment, the retirement system shall withhold the       3,966        

amount due from any benefit due him THE PERSON or his THE          3,968        

PERSON'S beneficiary under sections 145.01 to 145.59 of the        3,970        

Revised Code THIS CHAPTER, or may collect the amount in any other  3,972        

manner provided by law.                                                         

      Sec. 145.53 145.69.  The public employees retirement board   3,981        

shall prepare and certify to the director of budget and            3,983        

management and to the heads of the departments, on or before the   3,984        

first day of November of each even-numbered year, the employer's   3,985        

rate of contribution, which, when applied to earnable salaries to               

be paid from state funds for positions covered by the public       3,986        

                                                          90     


                                                                 
employees retirement system, will produce the amount necessary to  3,987        

pay the state's obligation as employer.  Any appropriations for    3,988        

salaries to be paid to contributors covered by this system must    3,989        

be increased by the employer's contributions rate when salary      3,990        

appropriations are made.                                                        

      Sec. 145.59 145.70.  All amounts due the public employees    3,999        

retirement system from the state treasury pursuant to this         4,001        

chapter shall be promptly paid upon warrant of the auditor of      4,002        

state pursuant to a voucher approved by the director of budget                  

and management.                                                    4,003        

      Sec. 145.80.  THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL    4,005        

ADOPT RULES TO IMPLEMENT EACH PLAN ESTABLISHED UNDER SECTION       4,006        

145.81 OF THE REVISED CODE.                                        4,007        

      Sec. 145.81.  THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL    4,009        

ESTABLISH ONE OR MORE PLANS CONSISTING OF BENEFIT OPTIONS THAT     4,010        

PROVIDE FOR AN INDIVIDUAL ACCOUNT FOR EACH PARTICIPATING MEMBER    4,011        

AND UNDER WHICH BENEFITS ARE BASED SOLELY ON THE AMOUNTS THAT      4,012        

HAVE ACCUMULATED IN THE ACCOUNT.  THE PLANS MAY INCLUDE OPTIONS    4,013        

UNDER WHICH A MEMBER PARTICIPATING IN A PLAN MAY RECEIVE           4,014        

DEFINITELY DETERMINABLE BENEFITS.                                  4,015        

      EACH PLAN ESTABLISHED UNDER THIS SECTION SHALL MEET THE      4,017        

REQUIREMENTS OF SECTIONS 145.81 TO 145.98 OF THE REVISED CODE AND  4,019        

ANY RULES ADOPTED IN ACCORDANCE WITH SECTION 145.80 OF THE         4,020        

REVISED CODE.  IT MAY INCLUDE LIFE INSURANCE, ANNUITIES, VARIABLE  4,021        

ANNUITIES, REGULATED INVESTMENT TRUSTS, POOLED INVESTMENT FUNDS,   4,022        

OR OTHER FORMS OF INVESTMENT.                                      4,023        

      THE BOARD MAY ADMINISTER THE PLANS, ENTER INTO CONTRACTS     4,025        

WITH OTHER ENTITIES TO ADMINISTER THE PLANS, OR BOTH.              4,026        

      Sec. 145.811.  EACH PLAN ESTABLISHED UNDER SECTION 145.81    4,028        

OF THE REVISED CODE SHALL QUALIFY AS A GOVERNMENTAL PLAN UNDER     4,029        

SECTION 414(d) OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT.   4,032        

2085, 26 U.S.C.A. 414(d), AS AMENDED, AND MEET THE REQUIREMENTS    4,033        

OF SECTION 401(a) OF THE "INTERNAL REVENUE CODE OF 1986," 26       4,038        

U.S.C.A. 401(a), AS AMENDED, APPLICABLE TO GOVERNMENTAL PLANS.     4,039        

                                                          91     


                                                                 
      Sec. 145.812.  EACH PLAN ESTABLISHED UNDER SECTION 145.81    4,041        

OF THE REVISED CODE SHALL MEET THE REQUIREMENTS NECESSARY TO       4,043        

QUALIFY AS A RETIREMENT SYSTEM MAINTAINED BY A STATE OR LOCAL      4,044        

GOVERNMENT ENTITY UNDER SECTION 3121(b)(7)(F) OF THE "INTERNAL     4,046        

REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 3121(b)(7)(F),  4,050        

AS AMENDED.  EACH PARTICIPANT IN A PLAN SHALL QUALIFY AS A MEMBER  4,052        

OF THAT SYSTEM.                                                                 

      Sec. 145.813.  EACH PLAN ESTABLISHED UNDER SECTION 145.81    4,054        

OF THE REVISED CODE SHALL REQUIRE THE PUBLIC EMPLOYEES RETIREMENT  4,056        

BOARD, OR THE ENTITY ADMINISTERING THE PLAN PURSUANT TO A          4,057        

CONTRACT WITH THE BOARD, TO CAUSE AN INDIVIDUAL ACCOUNT TO BE      4,058        

MAINTAINED FOR EACH MEMBER PARTICIPATING IN THE PLAN.  A PLAN MAY  4,060        

INCLUDE DEPOSITS TO THE DEFINED CONTRIBUTION FUND CREATED UNDER    4,061        

SECTION 145.23 OF THE REVISED CODE OR DEPOSITS UNDER DIVISION (C)  4,063        

OF THAT SECTION TO THE EMPLOYEES' SAVINGS FUND.                    4,064        

      Sec. 145.82.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF     4,066        

THIS SECTION, SECTIONS 145.201 TO 145.70 OF THE REVISED CODE DO    4,068        

NOT APPLY TO A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE        4,070        

REVISED CODE, EXCEPT THAT A PLAN MAY INCORPORATE PROVISIONS OF     4,072        

THOSE SECTIONS AS SPECIFIED IN THE PLAN DOCUMENT.                  4,073        

      (B)  THE FOLLOWING SECTIONS OF CHAPTER 145. OF THE REVISED   4,076        

CODE APPLY TO A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE       4,077        

REVISED CODE:  145.22, 145.221, 145.23, 145.25, 145.26, 145.27,    4,078        

145.296, 145.38, 145.382, 145.391, 145.47, 145.471, 145.48,        4,080        

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.           4,081        

      Sec. 145.85.  EACH MEMBER PARTICIPATING IN A PLAN            4,083        

ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE SHALL         4,084        

CONTRIBUTE A PER CENT OF THE MEMBER'S EARNABLE SALARY TO THE       4,086        

PUBLIC EMPLOYEES RETIREMENT SYSTEM AS REQUIRED IN SECTION 145.47   4,087        

OF THE REVISED CODE.  CONTRIBUTIONS MADE UNDER THIS SECTION SHALL  4,088        

NOT EXCEED THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL  4,089        

REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 415, AS         4,093        

AMENDED.                                                                        

                                                          92     


                                                                 
      Sec. 145.86.  FOR EACH MEMBER PARTICIPATING IN A PLAN        4,095        

ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, THE          4,096        

EMPLOYER SHALL CONTRIBUTE A PER CENT OF THE MEMBER'S EARNABLE      4,097        

SALARY TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AS REQUIRED IN    4,098        

SECTION 145.48 OF THE REVISED CODE, LESS THE PERCENTAGE REQUIRED   4,099        

UNDER SECTION 145.87 OF THE REVISED CODE.                          4,100        

      Sec. 145.87.  FOR EACH MEMBER PARTICIPATING IN A PLAN        4,102        

ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, THE PUBLIC   4,103        

EMPLOYEES RETIREMENT SYSTEM SHALL TRANSFER TO THE EMPLOYERS'       4,105        

ACCUMULATION FUND A PORTION OF THE EMPLOYER CONTRIBUTION REQUIRED  4,106        

UNDER SECTION 145.48 OF THE REVISED CODE.  THE PORTION SHALL       4,107        

EQUAL THE PERCENTAGE OF EARNABLE SALARY OF MEMBERS FOR WHOM THE    4,108        

CONTRIBUTIONS ARE BEING MADE THAT IS DETERMINED BY AN ACTUARY      4,109        

APPOINTED BY THE PUBLIC EMPLOYEES RETIREMENT BOARD TO BE           4,110        

NECESSARY TO MITIGATE ANY NEGATIVE FINANCIAL IMPACT ON THE SYSTEM  4,111        

OF MEMBERS' PARTICIPATION IN A PLAN.                               4,112        

      THE BOARD SHALL HAVE PREPARED ANNUALLY AN ACTUARIAL STUDY    4,114        

TO DETERMINE WHETHER THE PERCENTAGE TRANSFERRED UNDER THIS         4,115        

SECTION SHOULD BE CHANGED TO REFLECT A CHANGE IN THE LEVEL OF      4,116        

NEGATIVE FINANCIAL IMPACT RESULTING FROM MEMBERS' PARTICIPATION    4,117        

IN A PLAN.  THE PERCENTAGE TRANSFERRED SHALL BE INCREASED OR       4,118        

DECREASED TO REFLECT THE AMOUNT NEEDED TO MITIGATE THE NEGATIVE    4,119        

FINANCIAL IMPACT, IF ANY, ON THE SYSTEM, AS DETERMINED BY THE      4,120        

STUDY.  A CHANGE SHALL TAKE EFFECT ON THE FIRST DAY OF THE YEAR    4,121        

FOLLOWING THE DATE THE CONCLUSIONS OF THE STUDY ARE REPORTED TO    4,122        

THE BOARD.                                                         4,123        

      THE SYSTEM SHALL MAKE THE TRANSFER REQUIRED UNDER THIS       4,125        

SECTION UNTIL THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR ALL     4,126        

BENEFITS, EXCEPT HEALTH CARE BENEFITS PROVIDED UNDER SECTION       4,127        

145.325 OR 145.58 OF THE REVISED CODE AND BENEFIT INCREASES TO     4,128        

MEMBERS AND FORMER MEMBERS PARTICIPATING IN THE PLAN DESCRIBED IN  4,129        

SECTIONS 145.201 TO 145.70 OF THE REVISED CODE GRANTED AFTER THE   4,130        

EFFECTIVE DATE OF THIS SECTION, IS FULLY AMORTIZED, AS DETERMINED  4,131        

BY THE ANNUAL ACTUARIAL VALUATION PREPARED UNDER SECTION 145.22    4,132        

                                                          93     


                                                                 
OF THE REVISED CODE.                                               4,133        

      Sec. 145.88.  AMOUNTS CONTRIBUTED UNDER SECTIONS 145.85 AND  4,135        

145.86 OF THE REVISED CODE, AND ANY EARNINGS ON THOSE AMOUNTS,     4,136        

SHALL BE DEPOSITED AND CREDITED IN ACCORDANCE WITH THE PLAN        4,138        

ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE THAT IS       4,139        

SELECTED BY THE MEMBER.                                            4,140        

      Sec. 145.91.  THE RIGHT OF EACH MEMBER PARTICIPATING IN A    4,142        

PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE TO A     4,143        

RETIREMENT, DISABILITY, SURVIVOR, OR DEATH BENEFIT, TO HEALTH OR   4,144        

LONG-TERM CARE INSURANCE, OR TO A WITHDRAWAL OF ANY AMOUNTS THAT   4,145        

HAVE ACCUMULATED ON THE MEMBER'S BEHALF SHALL BE GOVERNED          4,146        

EXCLUSIVELY BY THE PLAN SELECTED BY THE MEMBER.                    4,147        

      Sec. 145.92.  IF A MEMBER PARTICIPATING IN A PLAN            4,149        

ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE IS MARRIED    4,150        

AT THE TIME BENEFITS UNDER THE PLAN ARE TO COMMENCE, BEFORE        4,152        

MAKING ANY PAYMENT THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, OR THE  4,153        

ENTITY ADMINISTERING THE PLAN PURSUANT TO A CONTRACT WITH THE      4,155        

PUBLIC EMPLOYEES RETIREMENT BOARD, SHALL OBTAIN THE CONSENT OF     4,156        

THE MEMBER'S SPOUSE TO THE FORM OF PAYMENT SELECTED BY THE         4,157        

MEMBER.                                                                         

      A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE  4,160        

SHALL INCLUDE REQUIREMENTS FOR CONSENT UNDER THIS SECTION THAT     4,161        

ARE THE SAME AS THE REQUIREMENTS SPECIFIED IN SECTION 417(a)(2)    4,163        

OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26         4,167        

U.S.C.A. 417(a)(2), AS AMENDED.  A PLAN MAY WAIVE CONSENT IF THE   4,168        

SPOUSE CANNOT BE LOCATED OR FOR ANY OTHER REASON SPECIFIED IN THE  4,169        

REGULATIONS ADOPTED UNDER THAT SECTION.                            4,170        

      CONSENT OR WAIVER IS EFFECTIVE ONLY WITH REGARD TO THE       4,172        

SPOUSE WHO IS THE SUBJECT OF THE CONSENT OR WAIVER.                4,173        

      Sec. 145.95.  SUBJECT TO SECTIONS 145.38, 145.56, AND        4,175        

145.57 OF THE REVISED CODE, THE RIGHT OF A MEMBER PARTICIPATING    4,177        

IN A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE TO  4,178        

ANY PAYMENT OR BENEFIT ACCRUING FROM CONTRIBUTIONS MADE BY OR ON   4,180        

BEHALF OF THE MEMBER UNDER SECTIONS 145.85 AND 145.86 OF THE       4,181        

                                                          94     


                                                                 
REVISED CODE SHALL VEST IN ACCORDANCE WITH THIS SECTION.           4,182        

      A MEMBER'S RIGHT TO ANY PAYMENT OR BENEFIT THAT IS BASED ON  4,184        

THE MEMBER'S CONTRIBUTIONS IS NONFORFEITABLE.                      4,185        

      A MEMBER'S RIGHT TO ANY PAYMENT OR BENEFIT THAT IS BASED ON  4,187        

CONTRIBUTIONS BY THE MEMBER'S EMPLOYER IS NONFORFEITABLE AS        4,188        

SPECIFIED BY THE PLAN SELECTED BY THE MEMBER.                      4,189        

      Sec. 145.97.  EACH PLAN ESTABLISHED UNDER SECTION 145.81 OF  4,191        

THE REVISED CODE SHALL PERMIT A MEMBER PARTICIPATING IN THE PLAN   4,193        

TO DO ALL OF THE FOLLOWING:                                        4,194        

      (A)  MAINTAIN ON DEPOSIT WITH THE PUBLIC EMPLOYEES           4,196        

RETIREMENT SYSTEM, OR THE ENTITY ADMINISTERING THE PLAN PURSUANT   4,197        

TO A CONTRACT WITH THE PUBLIC EMPLOYEES RETIREMENT BOARD, ANY      4,198        

AMOUNTS THAT HAVE ACCUMULATED ON BEHALF OF THE MEMBER;             4,199        

      (B)  IF THE MEMBER HAS WITHDRAWN THE AMOUNTS DESCRIBED IN    4,201        

DIVISION (A) OF THIS SECTION, REDEPOSIT WITH THE SYSTEM OR THE     4,202        

ENTITY ADMINISTERING THE PLAN THE AMOUNTS WITHDRAWN;               4,203        

      (C)  MAKE ADDITIONAL DEPOSITS AS PERMITTED BY THE "INTERNAL  4,206        

REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED.  4,208        

      Sec. 145.98.  CONTRIBUTIONS UNDER SECTIONS 145.85 AND        4,211        

145.86 OF THE REVISED CODE SHALL CEASE ON THE MEMBER'S DEATH OR    4,212        

TERMINATION OF EMPLOYMENT OR FOR ANY OTHER REASON SPECIFIED BY     4,213        

THE PLAN SELECTED BY THE MEMBER.                                   4,214        

      Sec. 145.71 148.01.  (A)  As used in sections 145.71 to      4,223        

145.76 of the Revised Code THIS CHAPTER:                           4,225        

      (1)  "Eligible employee" means any public employee, as       4,227        

defined in division (A) of section 145.01 of the Revised Code,     4,228        

any person eligible to become a member of the public employees     4,229        

retirement system under section 145.20 of the Revised Code, any    4,230        

employee, as defined in division (C) of section 742.01, division   4,231        

(B) of section 3309.01, or division (A) of section 5505.01 of the  4,232        

Revised Code, and any member of the state teachers retirement      4,233        

system.                                                            4,234        

      (2)  "Participant account" means any of the following        4,236        

accounts:                                                          4,237        

                                                          95     


                                                                 
      (a)  An account that is maintained by the Ohio public        4,239        

employees deferred compensation board and that evidences moneys    4,240        

that have been deferred by a continuing member or participating    4,241        

employee and transmitted to the board by the retirement system of  4,242        

the continuing member or participating employee;                   4,243        

      (b)  An account that is maintained by the governing board,   4,245        

administrator, depository, or trustee of a deferred compensation   4,246        

program of a municipal corporation and that evidences moneys that  4,247        

have been deferred by an officer or employee of that municipal     4,248        

corporation and transmitted to the governing board,                4,249        

administrator, depository, or trustee by the retirement system of  4,250        

the officer or employee or in another manner;                      4,251        

      (c)  An account that is maintained by a governing board, as  4,253        

defined in section 145.74 148.06 of the Revised Code, and that     4,254        

evidences moneys that have been deferred by an officer or          4,256        

employee of a government unit, as defined in that section, and     4,257        

transmitted to the governing board by the retirement system of     4,258        

the officer or employee or in another manner.                      4,259        

      (3)  "Participating employee" means any eligible employee    4,261        

who is having compensation deferred pursuant to a contract that    4,262        

is executed before the compensation is earned and that is with     4,263        

his THE ELIGIBLE EMPLOYEE'S employer and the Ohio public           4,264        

employees deferred compensation board.                             4,266        

      (4)  "Continuing member" means any former participating      4,268        

employee who is not currently having compensation deferred, or     4,269        

his THE FORMER PARTICIPATING EMPLOYEE'S beneficiary, to whom       4,270        

payment has not been made of all deferred compensation             4,272        

distributions.                                                                  

      (B)  Notwithstanding section 145.01 of the Revised Code,     4,274        

the definitions of that section are applicable to sections 145.71  4,275        

to 145.76 of the Revised Code THIS CHAPTER only to any extent      4,276        

necessary to fully understand the provisions of those sections     4,278        

THIS CHAPTER.  Reference may also be had to Chapters 742., 3307.,  4,280        

3309., and 5505. of the Revised Code for that purpose.             4,281        

                                                          96     


                                                                 
      Sec. 145.72 148.02.  The Ohio public employees deferred      4,290        

compensation board shall be comprised of a member of the house of  4,291        

representatives and a member of the senate, who shall not be of    4,292        

the same political party, each to be appointed to serve at the     4,293        

pleasure of his THE MEMBER'S respective leadership, and the        4,294        

members of the public employees retirement board as constituted    4,296        

by section 145.04 of the Revised Code, who are hereby created as   4,297        

a separate legal entity for the purpose of administering a         4,298        

deferred compensation system for all eligible employees.  The      4,299        

public employees retirement board may utilize its employees and    4,300        

property in the administration of the system on behalf of the      4,301        

Ohio public employees deferred compensation board, in              4,302        

consideration of a reasonable service charge to be applied in a    4,303        

nondiscriminatory manner to all amounts of compensation deferred   4,304        

under this system.                                                              

      The Ohio public employees deferred compensation board may    4,306        

exercise the same powers granted by section 145.09 of the Revised  4,307        

Code necessary to its functions.  The attorney general shall be    4,308        

the legal adviser of the board.                                    4,309        

      Sec. 145.73 148.04.  (A)  The Ohio public employees          4,318        

deferred compensation board shall initiate, plan, expedite, and,   4,319        

subject to an appropriate assurance of the approval of the         4,320        

internal revenue service, promulgate and offer to all eligible     4,321        

employees, and thereafter administer on behalf of all              4,322        

participating employees and continuing members, and alter as       4,323        

required, a program for deferral of compensation, including a      4,324        

reasonable number of options to the employee for the investment    4,325        

of deferred funds, including life insurance, annuities, variable   4,326        

annuities, pooled investment funds managed by the board, or other  4,328        

forms of investment approved by the board, always in such form as  4,329        

will assure the desired tax treatment of such funds.  The members  4,330        

of the Ohio public employees deferred compensation board are the   4,331        

trustees of any deferred funds and shall discharge their duties    4,332        

with respect to the funds solely in the interest of and for the                 

                                                          97     


                                                                 
exclusive benefit of participating employees, continuing members,  4,333        

and their beneficiaries.  With respect to such deferred funds,     4,334        

section 145.75 148.09 of the Revised Code shall apply to claims    4,336        

against participating employees or continuing members and their    4,337        

employers.                                                                      

      (B)  Every employer of an eligible employee shall contract   4,339        

with such employee upon the employee's application for             4,340        

participation in a deferred compensation program offered by the    4,342        

board.  Every retirement system serving an eligible employee       4,343        

shall serve as collection agent for compensation deferred by any   4,344        

of its members and account for and deliver such sums to the        4,345        

board.                                                                          

      (C)  The board shall, subject to any applicable contract     4,347        

provisions, undertake to obtain as favorable conditions of tax     4,348        

treatment as possible, both in the initial programs and any        4,349        

permitted alterations thereof or additions thereto, as to such     4,350        

matters as terms of distribution, designation of beneficiaries,    4,351        

withdrawal upon disability, financial hardship, or termination of  4,352        

public employment, and other optional provisions.                  4,353        

      (D)  In no event shall the total of the amount of deferred   4,355        

compensation to be set aside under a deferred compensation         4,356        

program and the employee's nondeferred income for any year exceed  4,357        

the total annual salary or compensation under the existing salary  4,358        

schedule or classification plan applicable to such employee in     4,359        

such year.                                                         4,360        

      Such a deferred compensation program shall be in addition    4,362        

to any retirement or any other benefit program provided by law     4,363        

for employees of this state.  The board shall adopt rules          4,364        

pursuant to Chapter 119. of the Revised Code to provide any        4,365        

necessary standards or conditions for the administration of its    4,366        

programs, including any limits on the portion of a participating   4,367        

employee's compensation that may be deferred in order to avoid     4,368        

adverse treatment of the program by the internal revenue service   4,369        

or the occurrence of deferral, withholding, or other deductions    4,370        

                                                          98     


                                                                 
in excess of the compensation available for any pay period.        4,371        

      Any income deferred under such a plan shall continue to be   4,373        

included as regular compensation for the purpose of computing the  4,374        

contributions to and benefits from the retirement system of such   4,375        

employee.  Any sum so deferred shall not be included in the        4,376        

computation of any federal and state income taxes withheld on      4,377        

behalf of any such employee.                                       4,378        

      (E)  This section does not limit the authority of any        4,380        

municipal corporation, county, township, park district,            4,381        

conservancy district, sanitary district, health district, public   4,382        

library, county law library, public institution of higher          4,383        

education, or school district to provide separate authorized       4,384        

plans or programs for deferring compensation of their officers     4,385        

and employees in addition to the program for the deferral of       4,386        

compensation offered by the board.  Any municipal corporation,     4,387        

public institution of higher education, or school district that    4,388        

offers such plans or programs shall include a reasonable number    4,389        

of options to its officers or employees for the investment of the  4,390        

deferred funds, including annuities, variable annuities,           4,391        

regulated investment trusts, or other forms of investment          4,392        

approved by the municipal corporation, institution of higher       4,393        

education, or school district, that will assure the desired tax    4,394        

treatment of the funds.                                            4,395        

      Sec. 145.74 148.06.  As used in this section:                4,404        

      (A)  "Government unit" means a county, township, park        4,406        

district of any kind, conservancy district, sanitary district,     4,407        

health district, public library district, or county law library.   4,408        

      (B)  "Governing board" means, in the case of the county,     4,410        

the board of county commissioners; in the case of a township, the  4,411        

board of township trustees; in the case of a park district, the    4,412        

board of park commissioners; in the case of a conservancy          4,413        

district, the district's board of directors; in the case of a      4,414        

sanitary district, the district's board of directors; in the case  4,415        

of a health district, the board of health; in the case of a        4,416        

                                                          99     


                                                                 
public library district, the board of library trustees; and in     4,417        

the case of a county law library, the board of trustees of the     4,418        

law library association.                                           4,419        

      In addition to the program of deferred compensation that     4,421        

may be offered under sections 145.71 to 145.73 of the Revised      4,422        

Code THIS CHAPTER, a governing board may offer to all of the       4,423        

officers and employees of the government unit not to exceed two    4,425        

additional programs for deferral of compensation designed for      4,426        

favorable tax treatment of the compensation so deferred.  Any      4,427        

such program shall include a reasonable number of options to the   4,428        

officer or employee for the investment of the deferred funds,      4,429        

including annuities, variable annuities, regulated investment      4,430        

trusts, or other forms of investment approved by the governing     4,431        

board, that will assure the desired tax treatment of the funds.    4,432        

      Any income deferred under such a plan shall continue to be   4,434        

included as regular compensation for the purpose of computing the  4,435        

contributions to and benefits from the officer's or employee's     4,436        

retirement system but shall not be included in the computation of  4,437        

any federal and state income taxes withheld on behalf of any such  4,438        

employee.                                                          4,439        

      Sec. 145.75 148.09.  Except as provided in sections 145.71   4,448        

to 145.76, 3105.171, 3105.63, and 3113.21 of the Revised Code AND  4,450        

THIS CHAPTER, a participant account or any benefit or other right  4,452        

accrued or accruing to any person under sections 145.71 to 145.76  4,453        

of the Revised Code THIS CHAPTER or under a deferred compensation  4,454        

program offered by a government unit, as defined in section        4,455        

145.74 148.06 of the Revised Code, or by a municipal corporation   4,457        

shall not be subject to execution, garnishment, attachment, sale   4,458        

to satisfy a judgment or order, the operation of bankruptcy or     4,459        

insolvency laws, or other process of law and shall be                           

unassignable.                                                                   

      Sec. 145.76 148.10.  (A)  Notwithstanding any other          4,468        

provision of sections 145.71 to 145.76 of the Revised Code THIS    4,470        

CHAPTER, any payment, other than a survivorship benefit, that is   4,472        

                                                          100    


                                                                 
to be made to a person by a deferred compensation program          4,473        

pursuant to those sections or a deferred compensation program      4,474        

offered by a government unit, as defined in section 145.74 148.06  4,475        

of the Revised Code, or by a municipal corporation is subject to   4,477        

any withholding order issued pursuant to section 2907.15 or        4,478        

division (C)(2)(b) of section 2921.41 of the Revised Code. The     4,479        

Ohio public employees deferred compensation board, the governing   4,480        

board, as defined in section 145.74 148.06 of the Revised Code,    4,482        

that is associated with a government unit, and the governing       4,483        

board, administrator, depository, or trustee of a deferred         4,484        

compensation program of a municipal corporation shall comply with  4,485        

that withholding order in making payment.                                       

      (B)  Notwithstanding any other provision of sections 145.71  4,487        

to 145.76 of the Revised Code THIS CHAPTER, if a deferred          4,488        

compensation program receives a notice pursuant to section         4,490        

2907.15 or division (D) of section 2921.41 of the Revised Code     4,492        

that a person who has a participant account has been charged with  4,493        

a violation of section 2907.02, 2907.03, 2907.04, 2907.05, or      4,494        

2921.41 of the Revised Code, no payment from that account shall    4,495        

be made prior to whichever of the following is applicable:         4,496        

      (1)  If the person is convicted of or pleads guilty to the   4,498        

violation and a motion for a withholding order for purposes of     4,499        

restitution has not been filed under section 2907.15 or division   4,501        

(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;  4,503        

      (2)  If the person is convicted of or pleads guilty to the   4,505        

violation and a motion for a withholding order for purposes of     4,506        

restitution has been filed under section 2907.15 or division       4,507        

(C)(2)(b)(i) of section 2921.41 of the Revised Code, the day on    4,508        

which the court decides the motion;                                4,510        

      (3)  If the charge is dismissed or the person is found not   4,512        

guilty or not guilty by reason of insanity of the violation, the   4,513        

day on which the dismissal of the charge or the verdict is         4,514        

entered in the journal of the court.                               4,515        

                                                          101    


                                                                 
      Sec. 306.45.  All officers and employees of a regional       4,524        

transit authority shall be considered as public employees within   4,525        

the meaning of section 145.01 of the Revised Code and a regional   4,526        

transit authority, its officers, and employees shall be subject    4,527        

to sections 145.01 to 145.57, inclusive, CHAPTER 145. of the       4,528        

Revised Code.                                                                   

      Sec. 308.15.  All officers and employees of a regional       4,537        

airport authority shall be considered as public employees within   4,538        

the meaning of section 145.01 of the Revised Code and a regional   4,539        

airport authority, its officers and employees shall be subject to  4,540        

the provisions of sections 145.01 to 145.57, inclusive, CHAPTER    4,541        

145. of the Revised Code.                                          4,542        

      Sec. 742.58.  On the death of a member of the Ohio police    4,551        

and fire pension fund who at the time of death is receiving a      4,552        

retirement pension or disability benefits, a lump-sum payment of   4,554        

one thousand dollars shall be paid to the member's surviving       4,556        

spouse or, if there is no surviving spouse, to the beneficiary     4,557        

the member designated on a form provided by the fund.  If there    4,558        

is no surviving spouse or designated beneficiary, the payment      4,559        

shall be made to the member's estate.                                           

      Application for the payment shall be made on a form          4,561        

provided by the fund.                                                           

      A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE   4,563        

INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY  4,564        

FROM CONTRIBUTIONS MADE UNDER SECTIONS 742.33 AND 742.34 OF THE    4,565        

REVISED CODE AND ANY EARNINGS ATTRIBUTABLE TO THOSE                             

CONTRIBUTIONS.                                                     4,566        

      Sec. 2329.66.  (A)  Every person who is domiciled in this    4,575        

state may hold property exempt from execution, garnishment,        4,576        

attachment, or sale to satisfy a judgment or order, as follows:    4,577        

      (1)(a)  In the case of a judgment or order regarding money   4,579        

owed for health care services rendered or health care supplies     4,580        

provided to the person or a dependent of the person, one parcel    4,581        

or item of real or personal property that the person or a          4,582        

                                                          102    


                                                                 
dependent of the person uses as a residence.  Division (A)(1)(a)   4,583        

of this section does not preclude, affect, or invalidate the       4,584        

creation under this chapter of a judgment lien upon the exempted   4,585        

property but only delays the enforcement of the lien until the     4,586        

property is sold or otherwise transferred by the owner or in       4,587        

accordance with other applicable laws to a person or entity other  4,588        

than the surviving spouse or surviving minor children of the       4,589        

judgment debtor.  Every person who is domiciled in this state may  4,590        

hold exempt from a judgment lien created pursuant to division      4,591        

(A)(1)(a) of this section the person's interest, not to exceed     4,592        

five thousand dollars, in the exempted property.                   4,593        

      (b)  In the case of all other judgments and orders, the      4,595        

person's interest, not to exceed five thousand dollars, in one     4,596        

parcel or item of real or personal property that the person or a   4,597        

dependent of the person uses as a residence.                       4,598        

      (2)  The person's interest, not to exceed one thousand       4,600        

dollars, in one motor vehicle;                                     4,601        

      (3)  The person's interest, not to exceed two hundred        4,603        

dollars in any particular item, in wearing apparel, beds, and      4,604        

bedding, and the person's interest, not to exceed three hundred    4,605        

dollars in each item, in one cooking unit and one refrigerator or  4,606        

other food preservation unit;                                      4,607        

      (4)(a)  The person's interest, not to exceed four hundred    4,609        

dollars, in cash on hand, money due and payable, money to become   4,610        

due within ninety days, tax refunds, and money on deposit with a   4,611        

bank, savings and loan association, credit union, public utility,  4,612        

landlord, or other person.  Division (A)(4)(a) of this section     4,613        

applies only in bankruptcy proceedings.  This exemption may        4,614        

include the portion of personal earnings that is not exempt under  4,615        

division (A)(13) of this section.                                  4,616        

      (b)  Subject to division (A)(4)(d) of this section, the      4,618        

person's interest, not to exceed two hundred dollars in any        4,619        

particular item, in household furnishings, household goods,        4,620        

appliances, books, animals, crops, musical instruments, firearms,  4,621        

                                                          103    


                                                                 
and hunting and fishing equipment, that are held primarily for     4,622        

the personal, family, or household use of the person;              4,623        

      (c)  Subject to division (A)(4)(d) of this section, the      4,625        

person's interest in one or more items of jewelry, not to exceed   4,626        

four hundred dollars in one item of jewelry and not to exceed two  4,627        

hundred dollars in every other item of jewelry;                    4,628        

      (d)  Divisions (A)(4)(b) and (c) of this section do not      4,630        

include items of personal property listed in division (A)(3) of    4,631        

this section.                                                      4,632        

      If the person does not claim an exemption under division     4,634        

(A)(1) of this section, the total exemption claimed under          4,635        

division (A)(4)(b) of this section shall be added to the total     4,636        

exemption claimed under division (A)(4)(c) of this section, and    4,637        

the total shall not exceed two thousand dollars.  If the person    4,638        

claims an exemption under division (A)(1) of this section, the     4,639        

total exemption claimed under division (A)(4)(b) of this section   4,640        

shall be added to the total exemption claimed under division       4,641        

(A)(4)(c) of this section, and the total shall not exceed one      4,642        

thousand five hundred dollars.                                     4,643        

      (5)  The person's interest, not to exceed an aggregate of    4,645        

seven hundred fifty dollars, in all implements, professional       4,646        

books, or tools of the person's profession, trade, or business,    4,647        

including agriculture;                                             4,649        

      (6)(a)  The person's interest in a beneficiary fund set      4,651        

apart, appropriated, or paid by a benevolent association or        4,652        

society, as exempted by section 2329.63 of the Revised Code;       4,653        

      (b)  The person's interest in contracts of life or           4,655        

endowment insurance or annuities, as exempted by section 3911.10   4,656        

of the Revised Code;                                               4,657        

      (c)  The person's interest in a policy of group insurance    4,659        

or the proceeds of a policy of group insurance, as exempted by     4,660        

section 3917.05 of the Revised Code;                               4,661        

      (d)  The person's interest in money, benefits, charity,      4,663        

relief, or aid to be paid, provided, or rendered by a fraternal    4,664        

                                                          104    


                                                                 
benefit society, as exempted by section 3921.18 of the Revised     4,665        

Code;                                                              4,666        

      (e)  The person's interest in the portion of benefits under  4,668        

policies of sickness and accident insurance and in lump-sum        4,669        

payments for dismemberment and other losses insured under those    4,670        

policies, as exempted by section 3923.19 of the Revised Code.      4,671        

      (7)  The person's professionally prescribed or medically     4,673        

necessary health aids;                                             4,674        

      (8)  The person's interest in a burial lot, including, but   4,676        

not limited to, exemptions under section 517.09 or 1721.07 of the  4,677        

Revised Code;                                                      4,678        

      (9)  The person's interest in the following:                 4,680        

      (a)  Moneys paid or payable for living maintenance or        4,682        

rights, as exempted by section 3304.19 of the Revised Code;        4,683        

      (b)  Workers' compensation, as exempted by section 4123.67   4,686        

of the Revised Code;                                               4,687        

      (c)  Unemployment compensation benefits, as exempted by      4,689        

section 4141.32 of the Revised Code;                               4,690        

      (d)  Cash assistance payments under the Ohio works first     4,692        

program, as exempted by section 5107.75 of the Revised Code;       4,694        

      (e)  Disability assistance payments, as exempted by section  4,696        

5115.07 of the Revised Code.                                       4,697        

      (10)(a)  Except in cases in which the person was convicted   4,699        

of or pleaded guilty to a violation of section 2921.41 of the      4,700        

Revised Code and in which an order for the withholding of          4,701        

restitution from payments was issued under division (C)(2)(b) of   4,702        

that section or in cases in which an order for withholding was     4,703        

issued under section 2907.15 of the Revised Code, and only to the  4,704        

extent provided in the order, and except as provided in sections   4,708        

3105.171, 3105.63, 3111.23, and 3113.21 of the Revised Code, the   4,710        

person's right to a pension, benefit, annuity, retirement          4,711        

allowance, or accumulated contributions, the person's right to a   4,712        

participant account in any deferred compensation program offered   4,713        

by the Ohio public employees deferred compensation board, a        4,714        

                                                          105    


                                                                 
government unit, or a municipal corporation, or the person's       4,715        

other accrued or accruing rights, as exempted by section 145.56,   4,716        

145.75, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of    4,718        

the Revised Code, and the person's right to benefits from the      4,720        

Ohio public safety officers death benefit fund;                    4,722        

      (b)  Except as provided in sections 3111.23 and 3113.21 of   4,725        

the Revised Code, the person's right to receive a payment under    4,726        

any pension, annuity, or similar plan or contract, not including   4,727        

a payment from a stock bonus or profit-sharing plan or a payment   4,728        

included in division (A)(6)(b) or (10)(a) of this section, on      4,729        

account of illness, disability, death, age, or length of service,  4,730        

to the extent reasonably necessary for the support of the person   4,731        

and any of the person's dependents, except if all the following    4,732        

apply:                                                             4,733        

      (i)  The plan or contract was established by or under the    4,735        

auspices of an insider that employed the person at the time the    4,736        

person's rights under the plan or contract arose.                  4,737        

      (ii)  The payment is on account of age or length of          4,739        

service.                                                           4,740        

      (iii)  The plan or contract is not qualified under the       4,742        

"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as   4,743        

amended.                                                           4,744        

      (c)  Except for any portion of the assets that were          4,746        

deposited for the purpose of evading the payment of any debt and   4,747        

except as provided in sections 3111.23 and 3113.21 of the Revised  4,749        

Code, the person's right in the assets held in, or to receive any  4,751        

payment under, any individual retirement account, individual       4,752        

retirement annuity, "Roth IRA," or education individual            4,753        

retirement account that provides benefits by reason of illness,    4,755        

disability, death, or age, to the extent that the assets,          4,756        

payments, or benefits described in division (A)(10)(c) of this     4,757        

section are attributable to any of the following:                  4,758        

      (i)  Contributions of the person that were less than or      4,761        

equal to the applicable limits on deductible contributions to an   4,762        

                                                          106    


                                                                 
individual retirement account or individual retirement annuity in  4,763        

the year that the contributions were made, whether or not the      4,764        

person was eligible to deduct the contributions on the person's    4,765        

federal tax return for the year in which the contributions were    4,766        

made;                                                                           

      (ii)  Contributions of the person that were less than or     4,769        

equal to the applicable limits on contributions to a Roth IRA or   4,770        

education individual retirement account in the year that the       4,771        

contributions were made;                                                        

      (iii)  Contributions of the person that are within the       4,774        

applicable limits on rollover contributions under subsections      4,775        

219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3),              4,776        

408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue  4,779        

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.          4,781        

      (d)  Except for any portion of the assets that were          4,784        

deposited for the purpose of evading the payment of any debt and   4,785        

except as provided in sections 3111.23 and 3113.21 of the Revised  4,786        

Code, the person's right in the assets held in, or to receive any  4,787        

payment under, any Keogh or "H.R. 10" plan that provides benefits  4,788        

by reason of illness, disability, death, or age, to the extent     4,789        

reasonably necessary for the support of the person and any of the  4,790        

person's dependents.                                               4,791        

      (11)  The person's right to receive spousal support, child   4,793        

support, an allowance, or other maintenance to the extent          4,794        

reasonably necessary for the support of the person and any of the  4,795        

person's dependents;                                               4,797        

      (12)  The person's right to receive, or moneys received      4,799        

during the preceding twelve calendar months from, any of the       4,800        

following:                                                         4,801        

      (a)  An award of reparations under sections 2743.51 to       4,803        

2743.72 of the Revised Code, to the extent exempted by division    4,804        

(D) of section 2743.66 of the Revised Code;                        4,805        

      (b)  A payment on account of the wrongful death of an        4,807        

individual of whom the person was a dependent on the date of the   4,808        

                                                          107    


                                                                 
individual's death, to the extent reasonably necessary for the     4,809        

support of the person and any of the person's dependents;          4,810        

      (c)  Except in cases in which the person who receives the    4,812        

payment is an inmate, as defined in section 2969.21 of the         4,813        

Revised Code, and in which the payment resulted from a civil       4,814        

action or appeal against a government entity or employee, as       4,815        

defined in section 2969.21 of the Revised Code, a payment, not to               

exceed five thousand dollars, on account of personal bodily        4,817        

injury, not including pain and suffering or compensation for       4,818        

actual pecuniary loss, of the person or an individual for whom     4,819        

the person is a dependent;                                                      

      (d)  A payment in compensation for loss of future earnings   4,821        

of the person or an individual of whom the person is or was a      4,822        

dependent, to the extent reasonably necessary for the support of   4,823        

the debtor and any of the debtor's dependents.                     4,824        

      (13)  Except as provided in sections 3111.23 and 3113.21 of  4,827        

the Revised Code, personal earnings of the person owed to the                   

person for services in an amount equal to the greater of the       4,828        

following amounts:                                                 4,829        

      (a)  If paid weekly, thirty times the current federal        4,831        

minimum hourly wage; if paid biweekly, sixty times the current     4,832        

federal minimum hourly wage; if paid semimonthly, sixty-five       4,833        

times the current federal minimum hourly wage; or if paid          4,834        

monthly, one hundred thirty times the current federal minimum      4,835        

hourly wage that is in effect at the time the earnings are         4,836        

payable, as prescribed by the "Fair Labor Standards Act of 1938,"  4,837        

52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended;                    4,838        

      (b)  Seventy-five per cent of the disposable earnings owed   4,840        

to the person.                                                     4,841        

      (14)  The person's right in specific partnership property,   4,843        

as exempted by division (B)(3) of section 1775.24 of the Revised   4,844        

Code;                                                              4,845        

      (15)  A seal and official register of a notary public, as    4,847        

exempted by section 147.04 of the Revised Code;                    4,848        

                                                          108    


                                                                 
      (16)  The person's interest in a tuition credit or a         4,850        

payment under section 3334.09 of the Revised Code pursuant to a    4,851        

tuition credit contract, as exempted by section 3334.15 of the     4,852        

Revised Code;                                                                   

      (17)  Any other property that is specifically exempted from  4,854        

execution, attachment, garnishment, or sale by federal statutes    4,855        

other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11  4,856        

U.S.C.A. 101, as amended;                                          4,857        

      (18)  The person's interest, not to exceed four hundred      4,859        

dollars, in any property, except that division (A)(18) of this     4,860        

section applies only in bankruptcy proceedings.                    4,861        

      (B)  As used in this section:                                4,863        

      (1)  "Disposable earnings" means net earnings after the      4,865        

garnishee has made deductions required by law, excluding the       4,866        

deductions ordered pursuant to section 3111.23 or 3113.21 of the   4,868        

Revised Code.                                                      4,869        

      (2)  "Insider" means:                                        4,871        

      (a)  If the person who claims an exemption is an             4,873        

individual, a relative of the individual, a relative of a general  4,874        

partner of the individual, a partnership in which the individual   4,875        

is a general partner, a general partner of the individual, or a    4,876        

corporation of which the individual is a director, officer, or in  4,877        

control;                                                           4,878        

      (b)  If the person who claims an exemption is a              4,880        

corporation, a director or officer of the corporation; a person    4,881        

in control of the corporation; a partnership in which the          4,882        

corporation is a general partner; a general partner of the         4,883        

corporation; or a relative of a general partner, director,         4,884        

officer, or person in control of the corporation;                  4,885        

      (c)  If the person who claims an exemption is a              4,887        

partnership, a general partner in the partnership; a general       4,888        

partner of the partnership; a person in control of the             4,889        

partnership; a partnership in which the partnership is a general   4,890        

partner; or a relative in, a general partner of, or a person in    4,891        

                                                          109    


                                                                 
control of the partnership;                                        4,892        

      (d)  An entity or person to which or whom any of the         4,894        

following applies:                                                 4,895        

      (i)  The entity directly or indirectly owns, controls, or    4,897        

holds with power to vote, twenty per cent or more of the           4,898        

outstanding voting securities of the person who claims an          4,899        

exemption, unless the entity holds the securities in a fiduciary   4,900        

or agency capacity without sole discretionary power to vote the    4,901        

securities or holds the securities solely to secure to debt and    4,902        

the entity has not in fact exercised the power to vote.            4,903        

      (ii)  The entity is a corporation, twenty per cent or more   4,905        

of whose outstanding voting securities are directly or indirectly  4,906        

owned, controlled, or held with power to vote, by the person who   4,907        

claims an exemption or by an entity to which division              4,908        

(B)(2)(d)(i) of this section applies.                              4,909        

      (iii)  A person whose business is operated under a lease or  4,911        

operating agreement by the person who claims an exemption, or a    4,912        

person substantially all of whose business is operated under an    4,913        

operating agreement with the person who claims an exemption.       4,914        

      (iv)  The entity operates the business or all or             4,916        

substantially all of the property of the person who claims an      4,917        

exemption under a lease or operating agreement.                    4,918        

      (e)  An insider, as otherwise defined in this section, of a  4,920        

person or entity to which division (B)(2)(d)(i), (ii), (iii), or   4,921        

(iv) of this section applies, as if the person or entity were a    4,922        

person who claims an exemption;                                    4,923        

      (f)  A managing agent of the person who claims an            4,925        

exemption.                                                         4,926        

      (3)  "Participant account" has the same meaning as in        4,928        

section 145.71 148.01 of the Revised Code.                         4,929        

      (4)  "Government unit" has the same meaning as in section    4,931        

145.74 148.06 of the Revised Code.                                 4,932        

      (C)  For purposes of this section, "interest" shall be       4,934        

determined as follows:                                             4,935        

                                                          110    


                                                                 
      (1)  In bankruptcy proceedings, as of the date a petition    4,937        

is filed with the bankruptcy court commencing a case under Title   4,938        

11 of the United States Code;                                      4,939        

      (2)  In all cases other than bankruptcy proceedings, as of   4,941        

the date of an appraisal, if necessary under section 2329.68 of    4,942        

the Revised Code, or the issuance of a writ of execution.          4,943        

      An interest, as determined under division (C)(1) or (2) of   4,945        

this section, shall not include the amount of any lien otherwise   4,946        

valid pursuant to section 2329.661 of the Revised Code.            4,947        

      Sec. 2907.15.  (A)  As used in this section:                 4,957        

      (1)  "Public retirement system" means the public employees   4,960        

retirement system, STATE TEACHERS RETIREMENT SYSTEM, SCHOOL                     

EMPLOYEES RETIREMENT SYSTEM, Ohio police and fire pension fund,    4,961        

state highway patrol retirement system, or a municipal retirement  4,963        

system of a municipal corporation of this state.                   4,964        

      (2)  "Government deferred compensation program" means such   4,966        

a program offered by the Ohio public employees deferred            4,968        

compensation board; a municipal corporation; or a governmental     4,969        

unit, as defined in section 145.74 148.06 of the Revised Code.     4,970        

      (3)  "Deferred compensation program participant" means a     4,972        

"participating employee" or "continuing member," as defined in     4,973        

section 145.71 148.01 of the Revised Code, or any other public     4,974        

employee who has funds in a government deferred compensation       4,975        

program.                                                                        

      (4)  "Prosecutor" has the same meaning as in section         4,977        

2935.01 of the Revised Code.                                       4,978        

      In any case in which a sentencing court orders restitution   4,981        

to the victim under section 2929.18 of the Revised Code for a      4,982        

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    4,984        

compensation program participant or is a member of, or receiving   4,985        

a pension, benefit, or allowance, other than a survivorship        4,987        

benefit, from, a public retirement system and committed the        4,988        

offense against a child, student, patient, or other person with    4,989        

                                                          111    


                                                                 
whom the offender had contact in the context of the offender's     4,990        

public employment, at the request of the victim the prosecutor                  

shall file a motion with the sentencing court specifying the       4,992        

government deferred compensation program or public retirement      4,993        

system and requesting that the court issue an order requiring the  4,994        

government deferred compensation program or public retirement      4,995        

system to withhold the amount required as restitution from one or  4,996        

more of the following:  any payment to be made from a government   4,997        

deferred compensation program or under a pension, annuity,         4,998        

allowance, or any other benefit, other than a survivorship                      

benefit, that has been or is in the future granted to the          5,000        

offender; from any payment of accumulated employee contributions   5,001        

standing to the offender's credit with the government deferred     5,002        

compensation program or public retirement system; or from any      5,003        

payment of any other amounts to be paid to the offender pursuant                

to Chapter 145., 148., 742., 3307., 3309., or 5505. of the         5,004        

Revised Code on withdrawal of contributions.  The motion may be    5,007        

filed at any time subsequent to the conviction of the offender or  5,008        

entry of a guilty plea.  On the filing of the motion, the clerk    5,009        

of the court in which the motion is filed shall notify the         5,010        

offender and the government deferred compensation program or                    

public retirement system, in writing, of all of the following:     5,012        

that the motion was filed; that the offender will be granted a     5,013        

hearing on the issuance of the requested order if the offender     5,014        

files a written request for a hearing with the clerk prior to the  5,015        

expiration of thirty days after the offender receives the notice;  5,016        

that, if a hearing is requested, the court will schedule a         5,017        

hearing as soon as possible and notify the offender and the        5,018        

government deferred compensation program or public retirement                   

system of the date, time, and place of the hearing; that, if a     5,019        

hearing is conducted, it will be limited to a consideration of     5,021        

whether the offender can show good cause why the order should not  5,022        

be issued; that, if a hearing is conducted, the court will not     5,023        

issue the order if the court determines, based on evidence         5,024        

                                                          112    


                                                                 
presented at the hearing by the offender, that there is good       5,025        

cause for the order not to be issued; that the court will issue    5,026        

the order if a hearing is not requested or if a hearing is         5,027        

conducted but the court does not determine, based on evidence      5,028        

presented at the hearing by the offender, that there is good       5,029        

cause for the order not to be issued; and that, if the order is    5,031        

issued, the government deferred compensation program or public                  

retirement system specified in the motion will be required to      5,032        

withhold the amount required as restitution from payments to the   5,033        

offender.                                                                       

      (B)  In any case in which a motion requesting the issuance   5,036        

of a withholding order as described in division (A) of this        5,037        

section is filed, the offender may receive a hearing on the        5,038        

motion by delivering a written request for a hearing to the court  5,039        

prior to the expiration of thirty days after the offender's        5,040        

receipt of the notice provided pursuant to division (A) of this    5,041        

section.  If the offender requests a hearing within the            5,043        

prescribed time, the court shall schedule a hearing as soon as     5,044        

possible after the request is made and notify the offender and     5,045        

the government deferred compensation program or public retirement               

system of the date, time, and place of the hearing.  A hearing     5,046        

scheduled under this division shall be limited to a consideration  5,047        

of whether there is good cause, based on evidence presented by     5,048        

the offender, for the requested order not to be issued.  If the    5,049        

court determines, based on evidence presented by the offender,     5,050        

that there is good cause for the order not to be issued, the       5,051        

court shall deny the motion and shall not issue the order.  Good   5,053        

cause for not issuing the order includes a determination by the                 

court that the order would severely impact the offender's ability  5,054        

to support the offender's dependents.                              5,055        

      If the offender does not request a hearing within the        5,057        

prescribed time or the court conducts a hearing but does not       5,058        

determine, based on evidence presented by the offender, that       5,059        

there is good cause for the order not to be issued, the court      5,060        

                                                          113    


                                                                 
shall order the government deferred compensation program or        5,061        

public retirement system to withhold the amount required as        5,062        

restitution from one or more of the following:   any payments to   5,063        

be made from a government deferred compensation program or under   5,064        

a pension, annuity, allowance, or under any other benefit, other   5,065        

than a survivorship benefit, that has been or is in the future     5,067        

granted to the offender; from any payment of accumulated employee  5,068        

contributions standing to the offender's credit with the           5,069        

government deferred compensation program or public retirement                   

system; or from any payment of any other amounts to be paid to     5,071        

the offender upon withdrawal of contributions pursuant to Chapter  5,072        

145., 148., 742., 3307., 3309., or 5505. of the Revised Code and   5,074        

to continue the withholding for that purpose, in accordance with   5,076        

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       5,077        

receipt of an order issued under this division, the government     5,078        

deferred compensation program or public retirement system shall    5,079        

withhold the amount required as restitution, in accordance with    5,080        

the order, from any such payments and immediately forward the      5,081        

amount withheld to the clerk of the court in which the order was   5,082        

issued for payment to the person to whom restitution is to be      5,083        

made.  The order shall not apply to any portion of payments made   5,084        

from a government deferred compensation program or public                       

retirement system to a person other than the offender pursuant to  5,085        

a previously issued domestic court order.                          5,086        

      (C)  Service of a notice required by division (A) or (B) of  5,089        

this section shall be effected in the same manner as provided in   5,090        

the Rules of Civil Procedure for the service of process.           5,092        

      (D)  Upon the filing of charges under section 2907.02,       5,094        

2907.03, 2907.04, or 2907.05 of the Revised Code against a person  5,096        

who is a deferred compensation program participant or a member     5,097        

of, or receiving a pension benefit, or allowance, other than a     5,098        

survivorship benefit, from a public retirement system for an       5,099        

offense against a child, student, patient, or other person with    5,100        

                                                          114    


                                                                 
whom the offender had contact in the context of the offender's     5,101        

public employment, the prosecutor shall send written notice that   5,102        

charges have been filed against that person to the appropriate                  

government deferred compensation program or public retirement      5,104        

system.  The notice shall specifically identify the person                      

charged.                                                                        

      Sec. 2921.41.  (A)  No public official or party official     5,113        

shall commit any theft offense, as defined in division (K) of      5,114        

section 2913.01 of the Revised Code, when either of the following  5,115        

applies:                                                           5,116        

      (1)  The offender uses the offender's office in aid of       5,118        

committing the offense or permits or assents to its use in aid of  5,119        

committing the offense;                                            5,120        

      (2)  The property or service involved is owned by this       5,122        

state, any other state, the United States, a county, a municipal   5,123        

corporation, a township, or any political subdivision,             5,124        

department, or agency of any of them, is owned by a political      5,125        

party, or is part of a political campaign fund.                    5,126        

      (B)  Whoever violates this section is guilty of theft in     5,128        

office.  Except as otherwise provided in this division, theft in   5,129        

office is a felony of the fifth degree.  If the value of property  5,130        

or services stolen is five hundred dollars or more and is less     5,131        

than five thousand dollars, theft in office is a felony of the     5,132        

fourth degree.  If the value of property or services stolen is     5,133        

five thousand dollars or more, theft in office is a felony of the  5,134        

third degree.                                                      5,135        

      (C)(1)  A public official or party official who is           5,137        

convicted of or pleads guilty to theft in office is forever        5,138        

disqualified from holding any public office, employment, or        5,139        

position of trust in this state.                                   5,140        

      (2)(a)  A court that imposes sentence for a violation of     5,142        

this section based on conduct described in division (A)(2) of      5,143        

this section shall require the public official or party official   5,144        

who is convicted of or pleads guilty to the offense to make        5,145        

                                                          115    


                                                                 
restitution for all of the property or the service that is the     5,146        

subject of the offense, in addition to the term of imprisonment    5,147        

and any fine imposed.  A court that imposes sentence for a         5,148        

violation of this section based on conduct described in division   5,149        

(A)(1) of this section and that determines at trial that this      5,150        

state or a political subdivision of this state if the offender is  5,151        

a public official, or a political party in the United States or    5,152        

this state if the offender is a party official, suffered actual    5,153        

loss as a result of the offense shall require the offender to      5,154        

make restitution to the state, political subdivision, or           5,155        

political party for all of the actual loss experienced, in         5,156        

addition to the term of imprisonment and any fine imposed.         5,157        

      (b)(i)  In any case in which a sentencing court is required  5,159        

to order restitution under division (C)(2)(a) of this section and  5,160        

in which the offender, at the time of the commission of the        5,161        

offense or at any other time, was a member of the public           5,162        

employees retirement system, the Ohio police and fire pension      5,164        

fund, the state teachers retirement system, the school employees   5,165        

retirement system, or the state highway patrol retirement system;  5,166        

was an electing employee, as defined in section 3305.01 of the     5,168        

Revised Code, participating in an alternative retirement plan                   

provided pursuant to Chapter 3305. of the Revised Code; was a      5,170        

participating employee or continuing member, as defined in         5,172        

section 145.71 148.01 of the Revised Code, in a deferred           5,174        

compensation program offered by the Ohio public employees          5,175        

deferred compensation board; was an officer or employee of a       5,177        

municipal corporation who was a participant in a deferred                       

compensation program offered by that municipal corporation; was    5,178        

an officer or employee of a government unit, as defined in         5,180        

section 145.74 148.06 of the Revised Code, who was a participant   5,181        

in a deferred compensation program offered by that government      5,183        

unit, or was a participating employee, continuing member, or       5,184        

participant in any deferred compensation program described in      5,185        

this division and a member of a retirement system specified in     5,186        

                                                          116    


                                                                 
this division or a retirement system of a municipal corporation,   5,187        

the entity to which restitution is to be made may file a motion    5,188        

with the sentencing court specifying any retirement system, any    5,189        

entity providing any benefit under an alternative retirement       5,190        

plan, and any deferred compensation program of which the offender  5,191        

was a member, electing employee, participating employee,           5,192        

continuing member, or participant and requesting the court to      5,193        

issue an order requiring the specified retirement system, the      5,194        

specified entity providing the benefit under the alternative       5,195        

retirement plan, or the specified deferred compensation program,   5,196        

or, if more than one is specified in the motion, the applicable    5,197        

combination of these, to withhold the amount required as           5,199        

restitution from any payment that is to be made under a pension,   5,200        

annuity, or allowance, under a participant account, as defined in  5,201        

section 145.71 148.01 of the Revised Code, or under any other      5,202        

type of benefit, other than a survivorship benefit, that has been  5,203        

or is in the future granted to the offender, from any payment of   5,204        

accumulated employee contributions standing to the offender's      5,205        

credit with that retirement system, that entity providing the      5,206        

payment under the alternative retirement plan, or that deferred    5,207        

compensation program, or, if more than one is specified in the     5,208        

motion, the applicable combination of these, and from any payment  5,210        

of any other amounts to be paid to the offender upon the           5,211        

offender's withdrawal of the offender's contributions pursuant to  5,212        

Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised    5,214        

Code.  A motion described in this division may be filed at any     5,215        

time subsequent to the conviction of the offender or entry of a    5,216        

guilty plea.  Upon the filing of the motion, the clerk of the      5,217        

court in which the motion is filed shall notify the offender, the  5,218        

specified retirement system, the specified entity providing the    5,219        

benefit under the alternative retirement plan, or the specified    5,220        

deferred compensation program, or, if more than one is specified   5,221        

in the motion, the applicable combination of these, in writing,    5,223        

of all of the following:  that the motion was filed; that the      5,224        

                                                          117    


                                                                 
offender will be granted a hearing on the issuance of the          5,225        

requested order if the offender files a written request for a      5,226        

hearing with the clerk prior to the expiration of thirty days      5,227        

after the offender receives the notice; that, if a hearing is      5,228        

requested, the court will schedule a hearing as soon as possible   5,229        

and notify the offender, any specified retirement system, any      5,230        

specified entity providing any benefit under an alternative        5,231        

retirement plan, and any specified deferred compensation program   5,232        

of the date, time, and place of the hearing; that, if a hearing    5,233        

is conducted, it will be limited only to a consideration of        5,234        

whether the offender can show good cause why the requested order   5,235        

should not be issued; that, if a hearing is conducted, the court   5,236        

will not issue the requested order if the court determines, based  5,237        

on evidence presented at the hearing by the offender, that there   5,238        

is good cause for the requested order not to be issued; that the   5,239        

court will issue the requested order if a hearing is not           5,240        

requested or if a hearing is conducted but the court does not      5,241        

determine, based on evidence presented at the hearing by the       5,242        

offender, that there is good cause for the requested order not to  5,243        

be issued; and that, if the requested order is issued, any         5,244        

retirement system, any entity providing any benefit under an       5,245        

alternative retirement plan, and any deferred compensation         5,246        

program specified in the motion will be required to withhold the   5,247        

amount required as restitution from payments to the offender.      5,248        

      (ii)  In any case in which a sentencing court is required    5,250        

to order restitution under division (C)(2)(a) of this section and  5,251        

in which a motion requesting the issuance of a withholding order   5,252        

as described in division (C)(2)(b)(i) of this section is filed,    5,253        

the offender may receive a hearing on the motion by delivering a   5,254        

written request for a hearing to the court prior to the            5,255        

expiration of thirty days after the offender's receipt of the      5,256        

notice provided pursuant to division (C)(2)(b)(i) of this          5,257        

section.  If a request for a hearing is made by the offender       5,258        

within the prescribed time, the court shall schedule a hearing as  5,259        

                                                          118    


                                                                 
soon as possible after the request is made and shall notify the    5,260        

offender, the specified retirement system, the specified entity    5,261        

providing the benefit under the alternative retirement plan, or    5,262        

the specified deferred compensation program, or, if more than one  5,264        

is specified in the motion, the applicable combination of these,   5,266        

of the date, time, and place of the hearing.  A hearing scheduled  5,267        

under this division shall be limited to a consideration of         5,268        

whether there is good cause, based on evidence presented by the    5,269        

offender, for the requested order not to be issued.  If the court  5,270        

determines, based on evidence presented by the offender, that      5,271        

there is good cause for the order not to be issued, the court      5,272        

shall deny the motion and shall not issue the requested order.     5,273        

If the offender does not request a hearing within the prescribed   5,274        

time or if the court conducts a hearing but does not determine,    5,275        

based on evidence presented by the offender, that there is good    5,276        

cause for the order not to be issued, the court shall order the    5,277        

specified retirement system, the specified entity providing the    5,278        

benefit under the alternative retirement plan, or the specified    5,279        

deferred compensation program, or, if more than one is specified   5,280        

in the motion, the applicable combination of these, to withhold    5,282        

the amount required as restitution under division (C)(2)(a) of     5,283        

this section from any payments to be made under a pension,         5,284        

annuity, or allowance, under a participant account, as defined in  5,285        

section 145.71 148.01 of the Revised Code, or under any other      5,286        

type of benefit, other than a survivorship benefit, that has been  5,288        

or is in the future granted to the offender, from any payment of   5,289        

accumulated employee contributions standing to the offender's      5,290        

credit with that retirement system, that entity providing the      5,291        

benefit under the alternative retirement plan, or that deferred    5,292        

compensation program, or, if more than one is specified in the     5,293        

motion, the applicable combination of these, and from any payment  5,295        

of any other amounts to be paid to the offender upon the           5,296        

offender's withdrawal of the offender's contributions pursuant to  5,297        

Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised    5,299        

                                                          119    


                                                                 
Code, and to continue the withholding for that purpose, in         5,300        

accordance with the order, out of each payment to be made on or    5,301        

after the date of issuance of the order, until further order of    5,302        

the court.  Upon receipt of an order issued under this division,   5,303        

the public employees retirement system, the Ohio police and fire   5,305        

pension fund, the state teachers retirement system, the school     5,306        

employees retirement system, the state highway patrol retirement   5,307        

system, a municipal corporation retirement system, the entity      5,308        

providing the benefit under the alternative retirement plan, and   5,309        

the deferred compensation program offered by the Ohio public       5,310        

employees deferred compensation board, a municipal corporation,    5,311        

or a government unit, as defined in section 145.74 148.06 of the   5,312        

Revised Code, whichever are applicable, shall withhold the amount  5,314        

required as restitution, in accordance with the order, from any    5,315        

such payments and immediately shall forward the amount withheld    5,316        

to the clerk of the court in which the order was issued for        5,317        

payment to the entity to which restitution is to be made.          5,318        

      (iii)  Service of a notice required by division              5,320        

(C)(2)(b)(i) or (ii) of this section shall be effected in the      5,321        

same manner as provided in the Rules of Civil Procedure for the    5,322        

service of process.                                                5,323        

      (D)  Upon the filing of charges against a person under this  5,325        

section, the prosecutor, as defined in section 2935.01 of the      5,326        

Revised Code, who is assigned the case shall send written notice   5,327        

that charges have been filed against that person to the public     5,328        

employees retirement system, the Ohio police and fire pension      5,330        

fund, the state teachers retirement system, the school employees   5,331        

retirement system, the state highway patrol retirement system,     5,332        

the entity providing any benefit under an alternative retirement   5,333        

plan, any municipal corporation retirement system in this state,   5,334        

and the deferred compensation program offered by the Ohio public   5,335        

employees deferred compensation board, a municipal corporation,    5,336        

or a government unit, as defined in section 145.74 148.06 of the   5,337        

Revised Code.  The written notice shall specifically identify the  5,338        

                                                          120    


                                                                 
person charged.                                                                 

      Sec. 3105.171.  (A)  As used in this section:                5,347        

      (1)  "Distributive award" means any payment or payments, in  5,349        

real or personal property, that are payable in a lump sum or over  5,350        

time, in fixed amounts, that are made from separate property or    5,351        

income, and that are not made from marital property and do not     5,352        

constitute payments of spousal support, as defined in section      5,353        

3105.18 of the Revised Code.                                       5,354        

      (2)  "During the marriage" means whichever of the following  5,356        

is applicable:                                                     5,357        

      (a)  Except as provided in division (A)(2)(b) of this        5,359        

section, the period of time from the date of the marriage through  5,360        

the date of the final hearing in an action for divorce or in an    5,361        

action for legal separation;                                       5,362        

      (b)  If the court determines that the use of either or both  5,364        

of the dates specified in division (A)(2)(a) of this section       5,365        

would be inequitable, the court may select dates that it           5,366        

considers equitable in determining marital property.  If the       5,367        

court selects dates that it considers equitable in determining     5,368        

marital property, "during the marriage" means the period of time   5,369        

between those dates selected and specified by the court.           5,370        

      (3)(a)  "Marital property" means, subject to division        5,372        

(A)(3)(b) of this section, all of the following:                   5,373        

      (i)  All real and personal property that currently is owned  5,375        

by either or both of the spouses, including, but not limited to,   5,376        

the retirement benefits of the spouses, and that was acquired by   5,377        

either or both of the spouses during the marriage;                 5,378        

      (ii)  All interest that either or both of the spouses        5,380        

currently has in any real or personal property, including, but     5,381        

not limited to, the retirement benefits of the spouses, and that   5,382        

was acquired by either or both of the spouses during the           5,383        

marriage;                                                          5,384        

      (iii)  Except as otherwise provided in this section, all     5,386        

income and appreciation on separate property, due to the labor,    5,387        

                                                          121    


                                                                 
monetary, or in-kind contribution of either or both of the         5,388        

spouses that occurred during the marriage;                         5,389        

      (iv)  A participant account, as defined in section 145.71    5,391        

148.01 of the Revised Code, of either of the spouses, to the       5,393        

extent of the following:  the moneys that have been deferred by a  5,394        

continuing member or participating employee, as defined in that    5,395        

section, and that have been transmitted to the Ohio public         5,396        

employees deferred compensation board during the marriage and any  5,397        

income that is derived from the investment of those moneys during  5,398        

the marriage; the moneys that have been deferred by an officer or  5,399        

employee of a municipal corporation and that have been             5,400        

transmitted to the governing board, administrator, depository, or  5,401        

trustee of the deferred compensation program of the municipal      5,402        

corporation during the marriage and any income that is derived     5,403        

from the investment of those moneys during the marriage; or the    5,404        

moneys that have been deferred by an officer or employee of a      5,405        

government unit, as defined in section 145.74 148.06 of the        5,406        

Revised Code, and that have been transmitted to the governing      5,408        

board, as defined in that section, during the marriage and any     5,409        

income that is derived from the investment of those moneys during  5,410        

the marriage.                                                      5,411        

      (b)  "Marital property" does not include any separate        5,413        

property.                                                          5,414        

      (4)  "Passive income" means income acquired other than as a  5,416        

result of the labor, monetary, or in-kind contribution of either   5,417        

spouse.                                                            5,418        

      (5)  "Personal property" includes both tangible and          5,420        

intangible personal property.                                      5,421        

      (6)(a)  "Separate property" means all real and personal      5,423        

property and any interest in real or personal property that is     5,424        

found by the court to be any of the following:                     5,425        

      (i)  An inheritance by one spouse by bequest, devise, or     5,427        

descent during the course of the marriage;                         5,428        

      (ii)  Any real or personal property or interest in real or   5,430        

                                                          122    


                                                                 
personal property that was acquired by one spouse prior to the     5,431        

date of the marriage;                                              5,432        

      (iii)  Passive income and appreciation acquired from         5,434        

separate property by one spouse during the marriage;               5,435        

      (iv)  Any real or personal property or interest in real or   5,437        

personal property acquired by one spouse after a decree of legal   5,438        

separation issued under section 3105.17 of the Revised Code;       5,439        

      (v)  Any real or personal property or interest in real or    5,441        

personal property that is excluded by a valid antenuptial          5,442        

agreement;                                                         5,443        

      (vi)  Compensation to a spouse for the spouse's personal     5,445        

injury, except for loss of marital earnings and compensation for   5,446        

expenses paid from marital assets;                                 5,447        

      (vii)  Any gift of any real or personal property or of an    5,449        

interest in real or personal property that is made after the date  5,450        

of the marriage and that is proven by clear and convincing         5,451        

evidence to have been given to only one spouse.                    5,452        

      (b)  The commingling of separate property with other         5,454        

property of any type does not destroy the identity of the          5,455        

separate property as separate property, except when the separate   5,456        

property is not traceable.                                         5,457        

      (B)  In divorce proceedings, the court shall, and in legal   5,459        

separation proceedings upon the request of either spouse, the      5,460        

court may, determine what constitutes marital property and what    5,461        

constitutes separate property.  In either case, upon making such   5,462        

a determination, the court shall divide the marital and separate   5,463        

property equitably between the spouses, in accordance with this    5,464        

section.  For purposes of this section, the court has              5,465        

jurisdiction over all property in which one or both spouses have   5,466        

an interest.                                                       5,467        

      (C)(1)  Except as provided in this division or division (E)  5,469        

of this section, the division of marital property shall be equal.  5,470        

If an equal division of marital property would be inequitable,     5,471        

the court shall not divide the marital property equally but        5,472        

                                                          123    


                                                                 
instead shall divide it between the spouses in the manner the      5,473        

court determines equitable.  In making a division of marital       5,474        

property, the court shall consider all relevant factors,           5,475        

including those set forth in division (F) of this section.         5,476        

      (2)  Each spouse shall be considered to have contributed     5,478        

equally to the production and acquisition of marital property.     5,479        

      (3)  The court shall provide for an equitable division of    5,481        

marital property under this section prior to making any award of   5,482        

spousal support to either spouse under section 3105.18 of the      5,483        

Revised Code and without regard to any spousal support so          5,484        

awarded.                                                           5,485        

      (4)  If the marital property includes a participant          5,487        

account, as defined in section 145.71 148.01 of the Revised Code,  5,489        

the court shall not order the division or disbursement of the      5,490        

moneys and income described in division (A)(3)(a)(iv) of this      5,491        

section to occur in a manner that is inconsistent with the law,    5,492        

rules, or plan governing the deferred compensation program         5,493        

involved or prior to the time that the spouse in whose name the    5,494        

participant account is maintained commences receipt of the moneys  5,495        

and income credited to the account in accordance with that law,    5,496        

rules, and plan.                                                   5,497        

      (D)  Except as otherwise provided in division (E) of this    5,499        

section or by another provision of this section, the court shall   5,500        

disburse a spouse's separate property to that spouse.  If a court  5,501        

does not disburse a spouse's separate property to that spouse,     5,502        

the court shall make written findings of fact that explain the     5,503        

factors that it considered in making its determination that the    5,504        

spouse's separate property should not be disbursed to that         5,505        

spouse.                                                            5,506        

      (E)(1)  The court may make a distributive award to           5,508        

facilitate, effectuate, or supplement a division of marital        5,509        

property.  The court may require any distributive award to be      5,510        

secured by a lien on the payor's specific marital property or      5,511        

separate property.                                                 5,512        

                                                          124    


                                                                 
      (2)  The court may make a distributive award in lieu of a    5,514        

division of marital property in order to achieve equity between    5,515        

the spouses, if the court determines that a division of the        5,516        

marital property in kind or in money would be impractical or       5,517        

burdensome.                                                        5,518        

      (3)  If a spouse has engaged in financial misconduct,        5,520        

including, but not limited to, the dissipation, destruction,       5,521        

concealment, or fraudulent disposition of assets, the court may    5,522        

compensate the offended spouse with a distributive award or with   5,523        

a greater award of marital property.                               5,524        

      (F)  In making a division of marital property and in         5,526        

determining whether to make and the amount of any distributive     5,527        

award under this section, the court shall consider all of the      5,528        

following factors:                                                 5,529        

      (1)  The duration of the marriage;                           5,531        

      (2)  The assets and liabilities of the spouses;              5,533        

      (3)  The desirability of awarding the family home, or the    5,535        

right to reside in the family home for reasonable periods of       5,536        

time, to the spouse with custody of the children of the marriage;  5,537        

      (4)  The liquidity of the property to be distributed;        5,539        

      (5)  The economic desirability of retaining intact an asset  5,541        

or an interest in an asset;                                        5,542        

      (6)  The tax consequences of the property division upon the  5,544        

respective awards to be made to each spouse;                       5,545        

      (7)  The costs of sale, if it is necessary that an asset be  5,547        

sold to effectuate an equitable distribution of property;          5,548        

      (8)  Any division or disbursement of property made in a      5,550        

separation agreement that was voluntarily entered into by the      5,551        

spouses;                                                           5,552        

      (9)  Any other factor that the court expressly finds to be   5,554        

relevant and equitable.                                            5,555        

      (G)  In any order for the division or disbursement of        5,557        

property or a distributive award made pursuant to this section,    5,558        

the court shall make written findings of fact that support the     5,559        

                                                          125    


                                                                 
determination that the marital property has been equitably         5,560        

divided and shall specify the dates it used in determining the     5,561        

meaning of "during the marriage."                                  5,562        

      (H)  Except as otherwise provided in this section, the       5,564        

holding of title to property by one spouse individually or by      5,565        

both spouses in a form of co-ownership does not determine whether  5,566        

the property is marital property or separate property.             5,567        

      (I)  A division or disbursement of property or a             5,569        

distributive award made under this section is not subject to       5,570        

future modification by the court.                                  5,571        

      (J)  The court may issue any orders under this section that  5,573        

it determines equitable, including, but not limited to, either of  5,574        

the following types of orders:                                     5,575        

      (1)  An order granting a spouse the right to use the         5,577        

marital dwelling or any other marital property or separate         5,578        

property for any reasonable period of time;                        5,579        

      (2)  An order requiring the sale or encumbrancing of any     5,581        

real or personal property, with the proceeds from the sale and     5,582        

the funds from any loan secured by the encumbrance to be applied   5,583        

as determined by the court.                                        5,584        

      Sec. 3105.63.  (A)(1)  A petition for dissolution of         5,593        

marriage shall be signed by both spouses and shall have attached   5,594        

and incorporated a separation agreement agreed to by both          5,595        

spouses.  The separation agreement shall provide for a division    5,596        

of all property; spousal support; if there are minor children of   5,597        

the marriage, the allocation of parental rights and                5,598        

responsibilities for the care of the minor children, the           5,599        

designation of a residential parent and legal custodian of the     5,600        

minor children, child support, and visitation rights; and, if the  5,601        

spouses so desire, an authorization for the court to modify the    5,602        

amount or terms of spousal support provided in the separation      5,603        

agreement.  If there are minor children of the marriage, the       5,604        

spouses may address the allocation of the parental rights and      5,605        

responsibilities for the care of the minor children by including   5,606        

                                                          126    


                                                                 
in the separation agreement a plan under which both parents will   5,607        

have shared rights and responsibilities for the care of the minor  5,608        

children.  The spouses shall file the plan with the petition for   5,609        

dissolution of marriage and shall include in the plan the          5,610        

provisions described in division (G) of section 3109.04 of the     5,611        

Revised Code.                                                      5,612        

      (2)  The division of property in the separation agreement    5,614        

shall include any participant account, as defined in section       5,615        

145.71 148.01 of the Revised Code, of either of the spouses, to    5,617        

the extent of the following:                                       5,618        

      (a)  The moneys that have been deferred by a continuing      5,620        

member or participating employee, as defined in that section, and  5,621        

that have been transmitted to the Ohio public employees deferred   5,622        

compensation board during the marriage and any income that is      5,623        

derived from the investment of those moneys during the marriage;   5,624        

      (b)  The moneys that have been deferred by an officer or     5,626        

employee of a municipal corporation and that have been             5,627        

transmitted to the governing board, administrator, depository, or  5,628        

trustee of the deferred compensation program of the municipal      5,629        

corporation during the marriage and any income that is derived     5,630        

from the investment of those moneys during the marriage;           5,631        

      (c)  The moneys that have been deferred by an officer or     5,633        

employee of a government unit, as defined in section 145.74        5,634        

148.06 of the Revised Code, and that have been transmitted to the  5,636        

governing board, as defined in that section, during the marriage   5,637        

and any income that is derived from the investment of those        5,638        

moneys during the marriage.                                        5,639        

      (3)  The separation agreement shall not require or permit    5,641        

the division or disbursement of the moneys and income described    5,642        

in division (A)(2) of this section to occur in a manner that is    5,643        

inconsistent with the law, rules, or plan governing the deferred   5,644        

compensation program involved or prior to the time that the        5,645        

spouse in whose name the participant account is maintained         5,646        

commences receipt of the moneys and income credited to the         5,647        

                                                          127    


                                                                 
account in accordance with that law, rules, and plan.              5,648        

      (B)  An amended separation agreement may be filed at any     5,650        

time prior to or during the hearing on the petition for            5,651        

dissolution of marriage.  Upon receipt of a petition for           5,652        

dissolution of marriage, the court may cause an investigation to   5,653        

be made pursuant to the Rules of Civil Procedure.                  5,654        

      (C)  If a petition for dissolution of marriage contains an   5,656        

authorization for the court to modify the amount or terms of       5,657        

spousal support provided in the separation agreement, the          5,658        

modification shall be in accordance with section 3105.18 of the    5,659        

Revised Code.                                                      5,660        

      Sec. 3307.661.  On the death of a retirant or disability     5,669        

benefit recipient who at the time of death is receiving, under     5,670        

the plan described in sections 3307.50 to 3307.79 of the Revised   5,671        

Code, a service retirement allowance or disability benefit, the    5,673        

state teachers retirement system shall make a lump-sum payment of  5,674        

one thousand dollars to any designated or qualified beneficiary    5,675        

under division (D) of section 3307.562 of the Revised Code.  If    5,676        

there is no beneficiary, the state teachers retirement board may   5,678        

approve payment to either the person responsible for the burial    5,679        

expenses or to the decedent's estate following the completion of   5,680        

an application on a form approved by the board.                    5,681        

      A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE   5,683        

INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY  5,684        

FROM CONTRIBUTIONS MADE UNDER SECTION 3307.28 OF THE REVISED CODE  5,685        

ON BEHALF OF MEMBERS PARTICIPATING IN THE PLAN DESCRIBED IN        5,686        

SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE, AND ANY EARNINGS               

ATTRIBUTABLE TO THOSE CONTRIBUTIONS.                               5,687        

      Sec. 3309.50.  Upon the death of a retirant or disability    5,696        

benefit recipient, who at the time of death is receiving a         5,697        

service retirement allowance or disability benefit from the        5,698        

school employees retirement system, a lump-sum payment of one      5,699        

thousand dollars shall be paid to any designated or qualified      5,700        

beneficiary under division (D) of section 3309.44 of the Revised   5,701        

                                                          128    


                                                                 
Code, or, if no such designation has been filed or if the          5,702        

designated beneficiary is deceased or is not located within        5,703        

ninety days, the school employees retirement board may approve     5,704        

payment to either the person responsible for the burial expenses   5,705        

or to the decedent's estate following the completion of an         5,706        

application on a form approved by the board.                                    

      A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE   5,708        

INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY  5,709        

FROM CONTRIBUTIONS MADE UNDER SECTION 3309.49 OF THE REVISED CODE  5,710        

AND ANY EARNINGS ATTRIBUTABLE TO THOSE CONTRIBUTIONS.              5,711        

      Sec. 3375.411.  A board of library trustees of a free        5,720        

public library, appointed pursuant to the provisions of sections   5,721        

3375.06, 3375.08, 3375.12, 3375.15, and 3375.22 of the Revised     5,722        

Code, which has not less than seventy-five full-time employees,    5,723        

and which, prior to September 16, 1943, was providing for          5,724        

retirement of the employees of such library with annuities,        5,725        

insurance, or other provisions, under authority granted by former  5,726        

section 7889 of the General Code, may provide such retirement,     5,727        

insurance, or other provisions in the same manner authorized by    5,728        

former section 7889 of the General Code, as follows:  the library  5,729        

board of such library which has appropriated and paid the board's  5,730        

portion provided in such system or plan, may continue to           5,731        

appropriate and pay the board's portion provided in such system    5,732        

or plan out of the funds received to the credit of such board by   5,733        

taxation or otherwise.  Each employee of such library who is to    5,734        

be included in a system of retirement shall contribute to the      5,735        

retirement fund not less than four per cent per annum of his THE   5,736        

EMPLOYEE'S salary from the time of his eligibility to join the     5,738        

retirement system to the time of his retirement.  If a group       5,739        

insurance plan is installed by any library, not less than fifty    5,740        

per cent of the cost of such insurance shall be borne by the       5,741        

employees included in such plan.                                   5,742        

      Provided, any employee whose employment by said library      5,744        

began on or after September 16, 1943, may exempt himself SELF      5,745        

                                                          129    


                                                                 
from inclusion in such retirement system, or withdraw from such    5,747        

retirement system.  Upon such exemption or withdrawal, such        5,748        

person shall become a member of the public employees retirement    5,749        

system in accordance with sections 145.02, 145.03, and 145.28 of   5,750        

the Revised Code, respectively.  All employees appointed for the   5,751        

first time on and after January 1, 1956 shall, for retirement      5,752        

purposes, be eligible only for membership in the public employees  5,753        

retirement system as provided in sections 145.01 to 145.57,        5,754        

inclusive, CHAPTER 145. of the Revised Code.                       5,755        

      A library board which provides for the retirement of its     5,757        

employees with annuities, insurance, or other provisions under     5,758        

the authority granted by this section may, pursuant to a board     5,759        

resolution adopted within thirty days after the effective date of  5,760        

this section, terminate such retirement plan.  Upon the effective  5,761        

date of such termination, which is specified in the resolution,    5,762        

each employee covered by such retirement plan shall become a       5,763        

member of the public employees retirement system.                  5,764        

      Sec. 3381.13.  All employees of a regional arts and          5,773        

cultural district shall be considered public employees within the  5,774        

meaning of section 145.01 of the Revised Code and its employees    5,775        

shall be subject to sections 145.01 to 145.58 CHAPTER 145. of the  5,777        

Revised Code.                                                                   

      Sec. 5505.30.  On the death of a person who at the time of   5,786        

death is receiving a pension from the state highway patrol         5,788        

retirement system under division (A)(1) or (2) of section 5505.17  5,789        

or section 5505.18 of the Revised Code, a lump-sum payment of      5,791        

five thousand dollars shall be paid to the retirant's surviving    5,792        

spouse.  If there is no surviving spouse, the payment shall be     5,793        

made to the retirant's estate.                                     5,794        

      Application for the payment shall be made on a form          5,796        

provided by the state highway patrol retirement board.             5,797        

      A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE   5,799        

INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY  5,800        

FROM CONTRIBUTIONS MADE UNDER DIVISION (B) OF SECTION 5505.15 OF   5,801        

                                                          130    


                                                                 
THE REVISED CODE AND ANY EARNINGS ATTRIBUTABLE TO THOSE            5,802        

CONTRIBUTIONS.                                                                  

      Sec. 6121.04.  The Ohio water development authority may do   5,811        

any or all of the following:                                       5,812        

      (A)  Adopt bylaws for the regulation of its affairs and the  5,814        

conduct of its business;                                           5,815        

      (B)  Adopt an official seal;                                 5,817        

      (C)  Maintain a principal office and suboffices at places    5,819        

within the state that it designates;                               5,820        

      (D)  Sue and plead in its own name and be sued and           5,822        

impleaded in its own name with respect to its contracts or torts   5,824        

of its members, employees, or agents acting within the scope of    5,825        

their employment, or to enforce its obligations and covenants      5,826        

made under sections 6121.06, 6121.08, and 6121.13 of the Revised                

Code.  Any such actions against the authority shall be brought in  5,827        

the court of common pleas of the county in which the principal     5,828        

office of the authority is located or in the court of common       5,829        

pleas of the county in which the cause of action arose, provided   5,830        

that the county is located within this state, and all summonses,   5,831        

exceptions, and notices of every kind shall be served on the                    

authority by leaving a copy thereof at the principal office with   5,832        

the person in charge thereof or with the secretary-treasurer of    5,833        

the authority.                                                                  

      (E)  Make loans and grants to governmental agencies for the  5,835        

acquisition or construction of water development projects by any   5,836        

such governmental agency and adopt rules and procedures for        5,837        

making such loans and grants;                                                   

      (F)  Acquire, construct, reconstruct, enlarge, improve,      5,839        

furnish, equip, maintain, repair, operate, or lease or rent to,    5,840        

or contract for operation by, a governmental agency or person,     5,841        

water development projects, and establish rules for the use of     5,842        

those projects;                                                                 

      (G)  Make available the use or services of any water         5,844        

development project to one or more persons, one or more            5,845        

                                                          131    


                                                                 
governmental agencies, or any combination thereof;                 5,846        

      (H)  Issue water development revenue bonds and notes and     5,848        

water development revenue refunding bonds of the state, payable    5,849        

solely from revenues as provided in section 6121.06 of the         5,850        

Revised Code, unless the bonds are refunded by refunding bonds,    5,851        

for the purpose of paying any part of the cost of one or more                   

water development projects or parts thereof;                       5,852        

      (I)  Acquire by gift or purchase, hold, and dispose of real  5,854        

and personal property in the exercise of its powers and the        5,855        

performance of its duties under this chapter;                      5,856        

      (J)  Acquire, in the name of the state, by purchase or       5,858        

otherwise, on terms and in the manner that it considers proper,    5,860        

or by the exercise of the right of condemnation in the manner      5,861        

provided by section 6121.18 of the Revised Code, public or         5,862        

private lands, including public parks, playgrounds, or             5,863        

reservations, or parts thereof or rights therein, rights-of-way,   5,864        

property, rights, easements, and interests that it considers       5,865        

necessary for carrying out this chapter, but excluding the         5,867        

acquisition by the exercise of the right of condemnation of any    5,868        

waste water facility or water management facility owned by any     5,869        

person or governmental agency, and compensation shall be paid for               

public or private lands so taken, except that a government-owned   5,870        

waste water facility may be appropriated in accordance with        5,871        

section 6121.041 of the Revised Code;                                           

      (K)  Adopt rules to protect augmented flow in waters of the  5,873        

state, to the extent augmented by a water development project,     5,874        

from depletion so it will be available for beneficial use, and to  5,875        

provide standards for the withdrawal from waters of the state of   5,876        

the augmented flow created by a water development project that is  5,877        

not returned to the waters of the state so augmented and to                     

establish reasonable charges therefor if considered necessary by   5,878        

the authority;                                                     5,879        

      (L)  Make and enter into all contracts and agreements and    5,881        

execute all instruments necessary or incidental to the             5,882        

                                                          132    


                                                                 
performance of its duties and the execution of its powers under    5,883        

this chapter in accordance with the following requirements:        5,884        

      (1)  When the cost under any such contract or agreement,     5,886        

other than compensation for personal services, involves an         5,887        

expenditure of more than ten thousand dollars, the authority       5,888        

shall make a written contract with the lowest responsive and       5,889        

responsible bidder, in accordance with section 9.312 of the                     

Revised Code, after advertisement for not less than two            5,890        

consecutive weeks in a newspaper of general circulation in         5,891        

Franklin county, and in other publications that the authority      5,892        

determines, which shall state the general character of the work    5,894        

and the general character of the materials to be furnished, the    5,895        

place where plans and specifications therefor may be examined,                  

and the time and place of receiving bids, provided that a          5,896        

contract or lease for the operation of a water development         5,897        

project constructed and owned by the authority or an agreement     5,898        

for cooperation in the acquisition or construction of a water      5,899        

development project pursuant to section 6121.13 of the Revised                  

Code or any contract for the construction of a water development   5,900        

project that is to be leased by the authority to, and operated     5,901        

by, persons who are not governmental agencies and the cost of the  5,902        

project is to be amortized exclusively from rentals or other       5,903        

charges paid to the authority by persons who are not governmental  5,904        

agencies is not subject to the foregoing requirements and the      5,905        

authority may enter into such a contract or lease or such an                    

agreement pursuant to negotiation and upon terms and conditions    5,906        

and for the period that it finds to be reasonable and proper in    5,908        

the circumstances and in the best interests of proper operation    5,910        

or of efficient acquisition or construction of the project.        5,911        

      (2)  Each bid for a contract for the construction,           5,913        

demolition, alteration, repair, or reconstruction of an            5,914        

improvement shall contain the full name of every person            5,915        

interested in it and shall meet the requirements of section                     

153.54 of the Revised Code.                                        5,916        

                                                          133    


                                                                 
      (3)  Each bid for a contract except as provided in division  5,918        

(L)(2) of this section shall contain the full name of every        5,919        

person or company interested in it and shall be accompanied by a   5,920        

sufficient bond or certified check on a solvent bank that if the   5,921        

bid is accepted, a contract will be entered into and the           5,922        

performance thereof secured.                                                    

      (4)  The authority may reject any and all bids.              5,924        

      (5)  A bond with good and sufficient surety, approved by     5,926        

the authority, shall be required of every contractor awarded a     5,927        

contract except as provided in division (L)(2) of this section,    5,928        

in an amount equal to at least fifty per cent of the contract      5,929        

price, conditioned upon the faithful performance of the contract.  5,930        

      (M)  Employ managers, superintendents, and other employees   5,932        

and retain or contract with consulting engineers, financial        5,933        

consultants, accounting experts, architects, attorneys, and other  5,934        

consultants and independent contractors that are necessary in its  5,936        

judgment to carry out this chapter, and fix the compensation       5,937        

thereof.  All expenses thereof shall be payable solely from the                 

proceeds of water development revenue bonds or notes issued under  5,938        

this chapter, from revenues, or from funds appropriated for that   5,939        

purpose by the general assembly.                                   5,940        

      (N)  Receive and accept from any federal agency, subject to  5,942        

the approval of the governor, grants for or in aid of the          5,943        

construction of any water development project or for research and  5,944        

development with respect to waste water or water management        5,945        

facilities, and receive and accept aid or contributions from any   5,946        

source of money, property, labor, or other things of value, to be  5,947        

held, used, and applied only for the purposes for which the                     

grants and contributions are made;                                 5,948        

      (O)  Engage in research and development with respect to      5,950        

waste water or water management facilities;                        5,951        

      (P)  Purchase fire and extended coverage and liability       5,953        

insurance for any water development project and for the principal  5,954        

office and suboffices of the authority, insurance protecting the   5,955        

                                                          134    


                                                                 
authority and its officers and employees against liability for     5,956        

damage to property or injury to or death of persons arising from   5,957        

its operations, and any other insurance the authority may agree                 

to provide under any resolution authorizing its water development  5,958        

revenue bonds or in any trust agreement securing the same;         5,959        

      (Q)  Charge, alter, and collect rentals and other charges    5,961        

for the use or services of any water development project as        5,962        

provided in section 6121.13 of the Revised Code;                   5,963        

      (R)  Provide coverage for its employees under sections       5,965        

145.01 to 145.58 and Chapters 145., 4123., and 4141. of the        5,968        

Revised Code;                                                                   

      (S)  Assist in the implementation and administration of the  5,970        

drinking water assistance fund and program created in section      5,971        

6109.22 of the Revised Code and the water pollution control loan   5,972        

fund and program created in section 6111.036 of the Revised Code,  5,973        

including, without limitation, performing or providing fiscal      5,974        

management for the funds and investing and disbursing moneys in                 

the funds, and enter into all necessary and appropriate            5,975        

agreements with the director of environmental protection for       5,976        

those purposes;                                                                 

      (T)  Issue water development revenue bonds and notes of the  5,978        

state in principal amounts that are necessary for the purpose of   5,979        

raising moneys for the sole benefit of the water pollution         5,980        

control loan fund created in section 6111.036 of the Revised       5,981        

Code, including moneys to meet the requirement for providing                    

matching moneys under division (D) of that section.  The bonds     5,982        

and notes may be secured by appropriate trust agreements and       5,983        

repaid from moneys credited to the fund from payments of           5,984        

principal and interest on loans made from the fund, as provided    5,985        

in division (F) of section 6111.036 of the Revised Code.                        

      (U)  Issue water development revenue bonds and notes of the  5,987        

state in principal amounts that are necessary for the purpose of   5,988        

raising moneys for the sole benefit of the drinking water          5,989        

assistance fund created in section 6109.22 of the Revised Code,    5,990        

                                                          135    


                                                                 
including moneys to meet the requirement for providing matching    5,991        

moneys under divisions (B) and (F) of that section.  The bonds                  

and notes may be secured by appropriate trust agreements and       5,992        

repaid from moneys credited to the fund from payments of           5,993        

principal and interest on loans made from the fund, as provided    5,994        

in division (F) of section 6109.22 of the Revised Code.            5,995        

      (V)  Make loans to and enter into agreements with boards of  5,997        

county commissioners for the purposes of section 1507.071 of the   5,998        

Revised Code and adopt rules establishing requirements and         5,999        

procedures for making the loans and entering into the agreements;  6,000        

      (W)  Do all acts necessary or proper to carry out the        6,002        

powers expressly granted in this chapter.                          6,003        

      Any instrument by which real property is acquired pursuant   6,005        

to this section shall identify the agency of the state that has    6,006        

the use and benefit of the real property as specified in section   6,007        

5301.012 of the Revised Code.                                                   

      Section 2.  That existing sections 124.24, 145.01, 145.04,   6,009        

145.05, 145.06, 145.07, 145.09, 145.12, 145.14, 145.19, 145.20,    6,010        

145.21, 145.22, 145.23, 145.25, 145.26, 145.27, 145.29, 145.291,   6,011        

145.297, 145.322, 145.325, 145.33, 145.331, 145.34, 145.36,        6,012        

145.361, 145.38, 145.391, 145.41, 145.42, 145.45, 145.451,         6,013        

145.452, 145.46, 145.47, 145.48, 145.491, 145.53, 145.55, 145.56,  6,014        

145.563, 145.59, 145.71, 145.72, 145.73, 145.74, 145.75, 145.76,   6,015        

306.45, 308.15, 742.58, 2329.66, 2907.15, 2921.41, 3105.171,       6,016        

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     6,019        

Code are hereby repealed.                                          6,020        

      Section 3.  The amendments made by this act to section       6,022        

145.04 of the Revised Code do not affect the term of the retirant  6,023        

member holding office on the effective date of this act.           6,024        

      Section 4.  On and after the effective date of this act, if  6,026        

necessary to ensure the integrity of the numbering of the          6,027        

Administrative Code, the Director of the Legislative Service       6,028        

Commission shall renumber the rules of the Ohio Deferred           6,029        

                                                          136    


                                                                 
Compensation Program to reflect their transfer to Chapter 148. of  6,030        

the Revised Code from Chapter 145. of the Revised Code.            6,031        

      Section 5.  Section 6121.04 of the Revised Code is           6,033        

presented in this act as a composite of the section as amended by  6,034        

both Sub. H.B. 19 and Am. S.B. 43 of the 123rd General Assembly,   6,035        

with the new language of neither of the acts shown in capital      6,036        

letters.  This is in recognition of the principle stated in        6,037        

division (B) of section 1.52 of the Revised Code that such         6,038        

amendments are to be harmonized where not substantively            6,039        

irreconcilable and constitutes a legislative finding that such is  6,040        

the resulting version in effect prior to the effective date of     6,041        

this act.