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
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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
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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
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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
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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
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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
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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
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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
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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
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(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.