As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. 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- 14
SENATORS DRAKE-HERINGTON-DiDONATO-McLIN-MUMPER-BRADY-RAY-ESPY
_________________________________________________________________ 16
A B I L L
To amend sections 124.24, 145.01, 145.04, 145.05, 17
145.06, 145.07, 145.09, 145.12, 145.14, 145.19, 18
145.20, 145.21, 145.22, 145.23, 145.25, 145.26, 19
145.27, 145.29, 145.291, 145.295, 145.297,
145.322, 145.325, 145.33, 145.331, 145.34, 20
145.36, 145.361, 145.38, 145.391, 145.41, 145.42, 21
145.45, 145.451, 145.452, 145.46, 145.47, 145.48, 22
145.491, 145.55, 145.56, 145.563, 145.71, 145.72, 23
145.73, 145.74, 145.75, 145.76, 306.45, 308.15,
742.379, 742.58, 2329.66, 2907.15, 2921.41, 26
3105.171, 3105.63, 3307.661, 3307.761, 3309.351,
3309.50, 3375.411, 3381.13, 5505.202, 5505.30, 29
and 6121.04; to amend, for the purpose of
adopting new section numbers as indicated in 30
parentheses, sections 145.19 (145.111), 145.491
(145.49), 145.53 (145.69), 145.59 (145.70), 32
145.71 (148.01), 145.72 (148.02), 145.73 33
(148.04), 145.74 (148.06), 145.75 (148.09), and
145.76 (148.10); to enact new section 145.19 and 34
sections 145.091, 145.171, 145.191, 145.192, 35
145.3213, 145.332, 145.80, 145.81, 145.811, 36
145.812, 145.813, 145.82, 145.85, 145.86, 145.87, 37
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145.88, 145.91, 145.92, 145.95, 145.97, 145.98, 38
and 742.351; and to repeal sections 145.49,
145.50, and 145.52 of the Revised Code to 40
increase certain benefits paid by the Public
Employees Retirement System (PERS), to require 41
PERS to establish a defined contribution
retirement plan, to relocate the provisions 42
governing the Ohio Deferred Compensation Program, 43
to expand authority for transferring service
credit and contributions between certain state 44
retirement systems, and to require that an
employer of an Ohio Police and Fire Pension Fund 47
member respond to a request for information
within a specified time period. 48
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 49
Section 1. That sections 124.24, 145.01, 145.04, 145.05, 51
145.06, 145.07, 145.09, 145.12, 145.14, 145.19, 145.20, 145.21, 52
145.22, 145.23, 145.25, 145.26, 145.27, 145.29, 145.291, 145.295, 53
145.297, 145.322, 145.325, 145.33, 145.331, 145.34, 145.36, 54
145.361, 145.38, 145.391, 145.41, 145.42, 145.45, 145.451, 56
145.452, 145.46, 145.47, 145.48, 145.491, 145.55, 145.56,
145.563, 145.71, 145.72, 145.73, 145.74, 145.75, 145.76, 306.45, 57
308.15, 742.379, 742.58, 2329.66, 2907.15, 2921.41, 3105.171, 59
3105.63, 3307.661, 3307.761, 3309.351, 3309.50, 3375.411, 61
3381.13, 5505.202, 5505.30, and 6121.04 be amended; that sections 62
145.19 (145.111), 145.491 (145.49), 145.53 (145.69), 145.59 64
(145.70), 145.71 (148.01), 145.72 (148.02), 145.73 (148.04), 65
145.74 (148.06), 145.75 (148.09), and 145.76 (148.10) be amended, 66
for the purpose of adopting new section numbers as indicated in 67
parentheses; and that new section 145.19 and sections 145.091, 68
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, 70
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145.88, 145.91, 145.92, 145.95, 145.97, 145.98, and 742.351 of 71
the Revised Code be enacted to read as follows: 72
Sec. 124.24. Notwithstanding sections 124.01 to 124.64 and 81
145.01 to 145.57 CHAPTER 145. of the Revised Code, the 83
examinations of applicants for the position POSITIONS of deputy 84
mine inspector, superintendent of rescue stations, assistant 85
superintendent of rescue stations, electrical inspectors, gas 86
storage well inspector, and mine chemists in the division of 87
mines and reclamation, department of natural resources, as 88
provided in Chapters 1561., 1563., 1565., and 1567. of the 90
Revised Code shall be provied PROVIDED for, conducted, and 91
administered by the mine examining board created by section 92
1561.10 of the Revised Code.
From the returns of the examinations the mine examining 94
board shall prepare eligible lists of the persons whose general 95
average standing upon examinations for such grade or class is not 96
less than the minimum fixed by the rules of said board and who 97
are otherwise eligible. All appointments to the said position 98
shall be made from such eligible list in the same manner as 99
appointments are made from eligible lists prepared by the 100
director of administrative services. Any person upon being 101
appointed to fill one of the positions provided for in this 102
section, from any such eligible list, shall have the same 103
standing, rights, privileges, and status as other state employees 104
in the classified service. 105
Sec. 145.01. As used in this chapter: 114
(A) "Public employee" means: 116
(1) Any person holding an office, not elective, under the 118
state or any county, township, municipal corporation, park 119
district, conservancy district, sanitary district, health 120
district, metropolitan housing authority, state retirement board, 121
Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state 122
university, or board, bureau, commission, council, committee, 123
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authority, or administrative body as the same are, or have been, 124
created by action of the general assembly or by the legislative 125
authority of any of the units of local government named in 126
division (A)(1) of this section, or employed and paid in whole or 127
in part by the state or any of the authorities named in division 128
(A)(1) of this section in any capacity not covered by section 130
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees 132
retirement system and who continues to perform the same or 134
similar duties under the direction of a contractor who has 135
contracted to take over what before the date of the contract was 136
a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the 137
purposes of administering this chapter. 138
(3) Any person who is an employee of a public employer, 140
notwithstanding that the person's compensation for that 141
employment is derived from funds of a person or entity other than 142
the employer. Credit for such service shall be included as total 143
service credit, provided that the employee makes the payments 144
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. 145
In all cases of doubt, the public employees retirement 147
board shall determine whether any person is a public employee, 148
and its decision is final.
(B) "Member" means any public employee, other than a 150
public employee excluded or exempted from membership in the 151
retirement system by section 145.03, 145.031, 145.032, 145.033, 152
145.034, 145.035, or 145.38 of the Revised Code. "Member" 153
includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also 154
includes a disability benefit recipient. 155
(C) "Head of the department" means the elective or 157
appointive head of the several executive, judicial, and 158
administrative departments, institutions, boards, and commissions 159
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of the state and local government as the same are created and 160
defined by the laws of this state or, in case of a charter
government, by that charter. 161
(D) "Employer" or "public employer" means the state or any 163
county, township, municipal corporation, park district, 164
conservancy district, sanitary district, health district, 165
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union 166
cemetery, joint hospital, institutional commissary, state medical 167
college, state university, or board, bureau, commission, council, 168
committee, authority, or administrative body as the same are, or 169
have been, created by action of the general assembly or by the 170
legislative authority of any of the units of local government
named in this division not covered by section 742.01, 3307.01 or, 172
3309.01, OR 5505.01 of the Revised Code. In addition, "employer" 174
means the employer of any public employee.
(E) "Prior service" means all service as a public employee 176
rendered before January 1, 1935, and all service as an employee 177
of any employer who comes within the state teachers retirement 178
system or of the school employees retirement system or of any 179
other retirement system established under the laws of this state 180
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that 181
other system after that other system was established, credit for 182
the service may be allowed by the public employees retirement 183
system only when the employee has made payment, to be computed on 184
the salary earned from the date of appointment to the date 185
membership was established in the public employees retirement
system, at the rate in effect at the time of payment, and the 186
employer has made payment of the corresponding full liability as 187
provided by section 145.44 of the Revised Code. "Prior service" 188
also means all service credited for active duty with the armed 189
forces of the United States as provided in section 145.30 of the 190
Revised Code.
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If an employee who has been granted prior service credit by 192
the public employees retirement system for service rendered prior 193
to January 1, 1935, as an employee of a board of education 194
establishes, before retirement, one year or more of contributing 195
service in the state teachers retirement system or school 196
employees retirement system, then the prior service ceases to be
the liability of this system. 197
If the board determines that a position of any member in 199
any calendar year prior to January 1, 1935, was a part-time 200
position, the board shall determine what fractional part of a 201
year's credit shall be allowed by the following formula: 202
(1) When the member has been either elected or appointed 204
to an office the term of which was two or more years and for 205
which an annual salary is established, the fractional part of the 206
year's credit shall be computed as follows: 207
First, when the member's annual salary is one thousand 209
dollars or less, the service credit for each such calendar year 210
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary 212
above one thousand dollars, the member's service credit for each 213
such calendar year shall be increased by two and one-half per 214
cent.
(2) When the member is paid on a per diem basis, the 216
service credit for any single year of the service shall be 217
determined by using the number of days of service for which the 218
compensation was received in any such year as a numerator and 219
using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the 221
service credit for any single year of the service shall be 222
determined by using the number of hours of service for which the 223
compensation was received in any such year as a numerator and 224
using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in 226
the employees' savings fund created by section 145.23 of the 227
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Revised Code. WHEN USED IN THE SECTIONS LISTED IN DIVISION (B) 228
OF SECTION 145.82 OF THE REVISED CODE, "CONTRIBUTOR" INCLUDES ANY 229
PERSON PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 145.81 230
OF THE REVISED CODE. 231
(G) "Beneficiary" or "beneficiaries" means the estate or a 233
person or persons who, as the result of the death of a member, 234
contributor, or retirant, qualify for or are receiving some right 235
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in 237
section 145.37 of the Revised Code, means all service credited to 238
a member of the retirement system since last becoming a member, 239
including restored service credit as provided by section 145.31 240
of the Revised Code; credit purchased under sections 145.293 and 241
145.299 of the Revised Code; all the member's prior service
credit; all the member's military service credit computed as 242
provided in this chapter; all service credit established pursuant 243
to section 145.297 of the Revised Code; and any other service 244
credited under this chapter. In addition, "total service credit" 245
includes any period, not in excess of three years, during which a 246
member was out of service and receiving benefits under Chapters
4121. and 4123. of the Revised Code. For the exclusive purpose 247
of satisfying the service credit requirement and of determining 248
eligibility for benefits under sections 145.32, 145.33, 145.331, 249
145.35, 145.36, and 145.361 of the Revised Code, "five or more 250
years of total service credit" means sixty or more calendar 251
months of contributing service in this system.
(2) "One and one-half years of contributing service 253
credit," as used in division (B) of section 145.45 of the Revised 254
Code, also means eighteen or more calendar months of employment 255
by a municipal corporation that formerly operated its own 256
retirement plan for its employees or a part of its employees, 257
provided that all employees of that municipal retirement plan who 258
have eighteen or more months of such employment, upon 259
establishing membership in the public employees retirement 260
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system, shall make a payment of the contributions they would have 261
paid had they been members of this system for the eighteen months 262
of employment preceding the date membership was established. 263
When that payment has been made by all such employee members, a 265
corresponding payment shall be paid into the employers' 266
accumulation fund by that municipal corporation as the employer 267
of the employees. 268
(3) Where a member also is a member of the state teachers 270
retirement system or the school employees retirement system, or 271
both, except in cases of retirement on a combined basis pursuant 272
to section 145.37 of the Revised Code, service credit for any 273
period shall be credited on the basis of the ratio that
contributions to the public employees retirement system bear to 275
total contributions in all state retirement systems. 276
(4) Not more than one year of credit may be given for any 278
period of twelve months. 279
(5) "Ohio service credit" means credit for service that 281
was rendered to the state or any of its political subdivisions or 282
any employer.
(I) "Regular or current interest" means interest at any 284
rates for the respective funds and accounts as the public 285
employees retirement board may determine from time to time, 286
except as follows:
(1) Subsequent to December 31, 1958, the retirement board 288
shall discontinue the annual crediting of current interest to the 289
individual accounts of contributors. The noncrediting of current 290
interest shall not affect the rate of interest at retirement 291
guaranteed under division (I) of this section. 292
(2) The rate of interest credited on a contributor's 294
contributions at retirement shall be four per cent per annum, 295
compounded annually, to and including December 31, 1955; three 296
per cent per annum, compounded annually, from January 1, 1956, to 297
and including December 31, 1963; three and one-quarter per cent 298
per annum, compounded annually, from January 1, 1964, to and 299
9
including December 31, 1969; and thereafter four per cent per
annum, compounded annually. 300
In determining the reserve value for the purpose of 302
computing the amount of the contributor's annuity, the rate of 303
interest used in the annuity values shall be four per cent per 304
annum, compounded annually, for contributors retiring before 305
October 1, 1956, and after December 31, 1969; three per cent per 306
annum, compounded annually, for contributors retiring between 308
October 1, 1956, and December 31, 1963; and three and one-quarter 309
per cent per annum, compounded annually, for contributors 310
retiring from January 1, 1964, to December 31, 1969. Interest on 311
contributions from contributors within any one calendar year 312
shall begin on the first day of the calendar year next following 313
and shall be computed at the end of each calendar year, except in 314
the case of a contributor who retires before the end of the year. 315
(J) "Accumulated contributions" means the sum of all 317
amounts credited to a contributor's individual account in the 318
employees' savings fund together with any current interest 319
thereon, but does not include the interest adjustment at 320
retirement. 321
(K)(1) "Final average salary" means the quotient obtained 323
by dividing by three the sum of the three full calendar years of 324
contributing service in which the member's earnable salary was 325
highest, except that if the member has a partial year of 326
contributing service in the year the member's employment 327
terminates and the member's earnable salary for the partial year 328
is higher than for any comparable period in the three years, the 329
member's earnable salary for the partial year shall be 330
substituted for the member's earnable salary for the comparable 331
period during the three years in which the member's earnable 332
salary was lowest.
(2) If a member has less than three years of contributing 334
service, the member's final average salary shall be the member's 335
total earnable salary divided by the total number of years, 336
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including any fraction of a year, of the member's contributing 337
service.
(3) For the purpose of calculating benefits payable to a 339
member qualifying for service credit under division (Z) of this 340
section, "final average salary" means the total earnable salary 341
on which contributions were made divided by the total number of 342
years during which contributions were made, including any 343
fraction of a year. If contributions were made for less than 344
twelve months, "final average salary" means the member's total 345
earnable salary. 346
(L) "Annuity" means payments for life derived from 348
contributions made by a contributor and paid from the annuity and 349
pension reserve fund as provided in this chapter. All annuities 350
shall be paid in twelve equal monthly installments. 351
(M) "Annuity reserve" means the present value, computed 353
upon the basis of the mortality and other tables adopted by the 354
board, of all payments to be made on account of any annuity, or 355
benefit in lieu of any annuity, granted to a retirant as provided 356
in this chapter.
(N)(1) "Disability retirement" means retirement as 358
provided in section 145.36 of the Revised Code. 359
(2) "Disability allowance" means an allowance paid on 361
account of disability under section 145.361 of the Revised Code. 362
(3) "Disability benefit" means a benefit paid as 364
disability retirement under section 145.36 of the Revised Code, 365
as a disability allowance under section 145.361 of the Revised 366
Code, or as a disability benefit under section 145.37 of the 367
Revised Code.
(4) "Disability benefit recipient" means a member who is 369
receiving a disability benefit. 370
(O) "Age and service retirement" means retirement as 372
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 373
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from 375
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contributions made by the employer that at the time of retirement 376
are credited into the annuity and pension reserve fund from the 377
employers' accumulation fund and paid from the annuity and 378
pension reserve fund as provided in this chapter. All pensions 379
shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that 381
portion of the benefit derived from contributions made by the 382
member.
(R)(1) Except as otherwise provided in division (R) of 385
this section, "earnable salary" means all salary, wages, and 386
other earnings paid to a contributor by reason of employment in a 387
position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of 388
the amount required to be contributed to the employees' savings 389
fund under section 145.47 of the Revised Code and without regard 390
to whether any of the salary, wages, or other earnings are 391
treated as deferred income for federal income tax purposes. 392
"Earnable salary" includes the following:
(a) Payments made by the employer in lieu of salary, 394
wages, or other earnings for sick leave, personal leave, or 395
vacation used by the contributor;
(b) Payments made by the employer for the conversion of 397
sick leave, personal leave, and vacation leave accrued, but not 398
used if the payment is made during the year in which the leave is 400
accrued, except that payments made pursuant to section 124.383 or 401
124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, 403
consisting of housing, laundry, and meals, as certified to the 404
retirement board by the employer or the head of the department 405
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the 407
Revised Code;
(e) Payments that are made under a disability leave 409
program sponsored by the employer and for which the employer is 410
12
required by section 145.296 of the Revised Code to make periodic 411
employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) 413
of this section.
(2) "Earnable salary" does not include any of the 415
following:
(a) Fees and commissions, other than those paid under 417
section 507.09 of the Revised Code, paid as sole compensation for 418
personal services and fees and commissions for special services 419
over and above services for which the contributor receives a 420
salary;
(b) Amounts paid by the employer to provide life 422
insurance, sickness, accident, endowment, health, medical, 423
hospital, dental, or surgical coverage, or other insurance for 424
the contributor or the contributor's family, or amounts paid by 425
the employer to the contributor in lieu of providing the
insurance;
(c) Incidental benefits, including lodging, food, laundry, 427
parking, or services furnished by the employer, or use of the 428
employer's property or equipment, or amounts paid by the employer 429
to the contributor in lieu of providing the incidental benefits; 430
(d) Reimbursement for job-related expenses authorized by 432
the employer, including moving and travel expenses and expenses 433
related to professional development; 434
(e) Payments for accrued but unused sick leave, personal 436
leave, or vacation that are made at any time other than in the 438
year in which the sick leave, personal leave, or vacation was 439
accrued;
(f) Payments made to or on behalf of a contributor that 441
are in excess of the annual compensation that may be taken into 442
account by the retirement system under division (a)(17) of 443
section 401 of the "Internal Revenue Code of 1986," 100 Stat. 444
2085, 26 U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B) or (D) of section 446
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5923.05 of the Revised Code or Section 4 of Substitute Senate 447
Bill No. 3 of the 119th general assembly; 448
(h) Anything of value received by the contributor that is 450
based on or attributable to retirement or an agreement to retire, 451
except that payments made on or before January 1, 1989, that are 452
based on or attributable to an agreement to retire shall be 453
included in earnable salary if both of the following apply: 454
(i) The payments are made in accordance with contract 456
provisions that were in effect prior to January 1, 1986; 457
(ii) The employer pays the retirement system an amount 459
specified by the retirement board equal to the additional 460
liability resulting from the payments. 461
(3) The retirement board shall determine by rule whether 463
any compensation not enumerated in division (R) of this section 464
is earnable salary, and its decision shall be final. 466
(S) "Pension reserve" means the present value, computed 468
upon the basis of the mortality and other tables adopted by the 469
board, of all payments to be made on account of any retirement 470
allowance or benefit in lieu of any retirement allowance, granted 471
to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited 473
to a member of the system since January 1, 1935, for which 474
contributions are made as required by sections 145.47, 145.48, 475
and 145.483 of the Revised Code. In any year subsequent to 1934, 476
credit for any service shall be allowed by the following formula: 477
(a) For each month for which the member's earnable salary 479
is two hundred fifty dollars or more, allow one month's credit. 480
(b) For each month for which the member's earnable salary 482
is less than two hundred fifty dollars, allow a fraction of a 483
month's credit. The numerator of this fraction shall be the 484
earnable salary during the month, and the denominator shall be 485
two hundred fifty dollars, except that if the member's annual 486
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 487
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calendar year of employment during which the member worked each 488
month. Division (T)(1)(b) of this section shall not reduce any 490
credit earned before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an 492
elected official who prior to January 1, 1980, was granted a full 493
year of credit for each year of service as an elected official 494
shall be considered to have earned a full year of credit for each 495
year of service regardless of whether the service was full-time 496
or part-time. The public employees retirement board has no
authority to reduce the credit. 497
(U) "State retirement board" means the public employees 499
retirement board, the school employees retirement board, or the 500
state teachers retirement board.
(V) "Retirant" means any former member who retires and is 502
receiving a monthly allowance as provided in sections 145.32, 503
145.33, 145.331, 145.34, and 145.46 of the Revised Code. 504
(W) "Employer contribution" means the amount paid by an 506
employer as determined by the employer rate including the normal 507
and deficiency contribution rates UNDER SECTION 145.48 OF THE 508
REVISED CODE. 509
(X) "Public service terminates" means the last day for 511
which a public employee is compensated for services performed for 512
an employer or the date of the employee's death, whichever occurs 513
first.
(Y) When a member has been elected or appointed to an 515
office, the term of which is two or more years, for which an 516
annual salary is established, and in the event that the salary of 517
the office is increased and the member is denied the additional 518
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect 519
to have the amount of the member's contributions calculated upon 520
the basis of the increased salary for the office. At the 521
member's request, the board shall compute the total additional 522
amount the member would have contributed, or the amount by which 523
15
each of the member's contributions would have increased, had the 524
member received the increased salary for the office the member
holds. If the member elects to have the amount by which the 525
member's contribution would have increased withheld from the 526
member's salary, the member shall notify the employer, and the 527
employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that 528
amount withheld may elect at any time to make a payment to the 529
retirement system equal to the additional amount the member's 530
contribution would have increased, plus interest on that 531
contribution, compounded annually at a rate established by the 532
board and computed from the date on which the last contribution
would have been withheld from the member's salary to the date of 533
payment. A member may make a payment for part of the period for 534
which the increased contribution was not withheld, in which case 535
the interest shall be computed from the date the last 536
contribution would have been withheld for the period for which
the payment is made. Upon the payment of the increased 537
contributions as provided in this division, the increased annual 538
salary as provided by law for the office for the period for which 539
the member paid increased contributions thereon shall be used in 540
determining the member's earnable salary for the purpose of 541
computing the member's final average salary.
(Z) "Five years of service credit," for the exclusive 543
purpose of satisfying the service credit requirements and of 544
determining eligibility for benefits under section 145.33 of the 545
Revised Code, means employment covered under this chapter or 546
under a former retirement plan operated, recognized, or endorsed
by the employer prior to coverage under this chapter or under a 547
combination of the coverage. 549
(AA) "Deputy sheriff" means any person who is commissioned 551
and employed as a full-time peace officer by the sheriff of any 552
county, and has been so employed since on or before December 31, 553
1965, and whose primary duties are to preserve the peace, to 554
16
protect life and property, and to enforce the laws of this state; 555
any person who is or has been commissioned and employed as a
peace officer by the sheriff of any county since January 1, 1966, 556
and who has received a certificate attesting to the person's 557
satisfactory completion of the peace officer training school as 558
required by section 109.77 of the Revised Code and whose primary 559
duties are to preserve the peace, protect life and property, and 560
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of 561
the Revised Code as a criminal bailiff or court constable who has 562
received a certificate attesting to the person's satisfactory 563
completion of the peace officer training school as required by 564
section 109.77 of the Revised Code and whose primary duties are 565
to preserve the peace, protect life and property, and enforce the 566
laws of this state.
(BB) "Township constable or police officer in a township 568
police department or district" means any person who is 569
commissioned and employed as a full-time peace officer pursuant 570
to Chapter 505. or 509. of the Revised Code, who has received a 571
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 572
of the Revised Code, and whose primary duties are to preserve the 573
peace, protect life and property, and enforce the laws of this 574
state.
(CC) "Drug agent" means any person who is either of the 576
following:
(1) Employed full-time as a narcotics agent by a county 578
narcotics agency created pursuant to section 307.15 of the 579
Revised Code and has received a certificate attesting to the 580
satisfactory completion of the peace officer training school as 581
required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as 583
defined in section 109.79 of the Revised Code and is in 584
compliance with section 109.77 of the Revised Code. 585
17
(DD) "Department of public safety enforcement agent" means 587
a full-time employee of the department of public safety who is 589
designated under section 5502.14 of the Revised Code as an 591
enforcement agent and who is in compliance with section 109.77 of 593
the Revised Code.
(EE) "Natural resources law enforcement staff officer" 595
means a full-time employee of the department of natural resources 596
who is designated a natural resources law enforcement staff 597
officer under section 1501.013 of the Revised Code and is in 600
compliance with section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the 602
department of natural resources who is designated a park officer 604
under section 1541.10 of the Revised Code and is in compliance 605
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the 607
department of natural resources who is designated a forest 609
officer under section 1503.29 of the Revised Code and is in 610
compliance with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time employee of the 613
department of natural resources who is designated a preserve 614
officer under section 1517.10 of the Revised Code and is in 616
compliance with section 109.77 of the Revised Code. 618
(II) "Wildlife officer" means a full-time employee of the 620
department of natural resources who is designated a wildlife 622
officer under section 1531.13 of the Revised Code and is in 623
compliance with section 109.77 of the Revised Code. 624
(JJ) "State watercraft officer" means a full-time employee 627
of the department of natural resources who is designated a state 628
watercraft officer under section 1547.521 of the Revised Code and 629
is in compliance with section 109.77 of the Revised Code. 630
(KK) "Park district police officer" means a full-time 632
employee of a park district who is designated pursuant to section 634
511.232 or 1545.13 of the Revised Code and is in compliance with 635
section 109.77 of the Revised Code.
18
(LL) "Conservancy district officer" means a full-time 637
employee of a conservancy district who is designated pursuant to 639
section 6101.75 of the Revised Code and is in compliance with 640
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the 642
organized police department of a municipal corporation who is 644
employed full-time, is in compliance with section 109.77 of the 645
Revised Code, and is not a member of the Ohio police and fire 646
pension fund. 647
(NN) "Ohio veterans' home police officer" means any person 650
who is employed at the Ohio veterans' home as a police officer 651
pursuant to section 5907.02 of the Revised Code and is in 652
compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health 654
institution" means any person who is designated as such pursuant 656
to section 5119.14 of the Revised Code and is in compliance with 657
section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the 659
mentally retarded and developmentally disabled" means any person 661
who is designated as such pursuant to section 5123.13 of the 662
Revised Code and is in compliance with section 109.77 of the 663
Revised Code.
(QQ) "State university law enforcement officer" means any 665
person who is employed full-time as a state university law 667
enforcement officer pursuant to section 3345.04 of the Revised 668
Code and who is in compliance with section 109.77 of the Revised 669
Code.
(RR) "Hamilton county municipal court bailiff" means a 671
person appointed by the clerk of courts of the Hamilton county 673
municipal court under division (A)(3) of section 1901.32 of the 674
Revised Code who is employed full-time as a bailiff or deputy 675
bailiff, who has received a certificate attesting to the person's 676
satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, 677
19
and whose primary duties are to preserve the peace, to protect 678
life and property, and to enforce the laws of this state. 679
(SS) Notwithstanding section 2901.01 of the Revised Code, 681
"law enforcement officer" means a sheriff, deputy sheriff, 683
township constable or police officer in a township police 684
department or district, drug agent, department of public safety 685
enforcement agent, natural resources law enforcement staff
officer, park officer, forest officer, preserve officer, wildlife 687
officer, state watercraft officer, park district police officer, 688
conservancy district officer, Ohio veterans' home police officer, 689
special police officer for a mental health institution, special 690
police officer for an institution for the mentally retarded and 691
developmentally disabled, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal 692
police officer.
(TT) "Fiduciary" means a person who does any of the 694
following: 695
(1) Exercises any discretionary authority or control with 697
respect to the management of the system or with respect to the 698
management or disposition of its assets; 699
(2) Renders investment advice for a fee, direct or 701
indirect, with respect to money or property of the system; 702
(3) Has any discretionary authority or responsibility in 704
the administration of the system. 705
(UU) "Actuary" means an individual who satisfies all of 707
the following requirements: 709
(1) Is a member of the American academy of actuaries; 711
(2) Is an associate or fellow of the society of actuaries; 713
(3) Has a minimum of five years' experience in providing 715
actuarial services to public retirement plans. 716
Sec. 145.04. The general administration and management of 725
the public employees retirement system and the making effective 726
of sections 145.01 to 145.59 CHAPTER 145. of the Revised Code, 728
are hereby vested in a board to be known as the "public employees 729
20
retirement board," which shall consist of nine members as 730
follows:
(A) The attorney general; 732
(B) The auditor of state; 734
(C) The director of administrative services; 736
(D) Five members, known as employee members, one of whom 738
shall be a state employee member of the system, who shall be 739
elected by ballot by the state employee members of the system 740
from among their number; another of whom shall be a county 741
employee member of the system, who shall be elected by ballot by 742
the county employee members of the system from among their 743
number; another of whom shall be a municipal employee member of 744
the system, who shall be elected by ballot by the municipal 745
employee members of the system from among their number; another 746
of whom shall be a university or college employee member of the 747
system, who shall be elected by ballot by the university and 748
college employee members of the system from among their number; 749
and another of whom shall be a park district, conservancy 750
district, sanitary district, health district, public library, 751
township, metropolitan housing authority, union cemetery, joint 752
hospital, or institutional commissary employee member of the 753
system, who shall be elected by ballot by the park district, 754
conservancy district, sanitary district, health district, 755
metropolitan housing authority, township, public library, union 756
cemetery, joint hospital, and institutional commissary employee 757
members of the system from among their number, in a manner to be 758
approved by the board. Members of the system who are receiving a 759
disability benefit under this chapter are ineligible for 760
membership on the board as employee members. 761
(E) One member, known as the retirant member, who shall be 763
a former member of the public employees retirement system who is 764
A RESIDENT OF THIS STATE AND a recipient of AGE AND service 765
retirement benefits under this chapter and a resident of this 767
state, or a member of the system who is a recipient of a 768
21
disability benefit under this chapter and a resident of this 769
state, OR BENEFITS PAID UNDER A PLAN ESTABLISHED UNDER SECTION 770
145.81 OF THE REVISED CODE. The retirant member shall be elected 771
by ballot by former members of the system who are receiving AGE 772
AND service retirement benefits under this chapter and members of 774
the system who are receiving, a disability benefit under this 775
chapter, OR BENEFITS PAID UNDER A PLAN ESTABLISHED UNDER SECTION 777
145.81 OF THE REVISED CODE.
Sec. 145.05. (A) The terms of office of employee members 786
of the public employees retirement board shall be for four years 787
each beginning on the first day of January following election. 788
The election of the county employee member of the board and the 789
employee member of the board representing public library, health 790
district, park district, conservancy district, sanitary district, 791
township, metropolitan housing authority, union cemetery, joint 792
hospital, and institutional commissary employees shall be held on 793
the first Monday in October, 1945, and on the first Monday in 794
October in each fourth year thereafter. The election of the 795
state employee member of the board and the municipal employee 796
member of the board shall be held on the first Monday in October, 797
1946, and on the first Monday in October in each fourth year 798
thereafter. The election of the initial university-college 799
employee member of the board shall be held on the first Monday in 800
October, 1978, and elections for subsequent university-college 801
employee members of the board shall be held on the first Monday 802
in October in each fourth year thereafter. 803
(B) The term of office of the retirant member of the 805
public employees retirement board shall be for four years 806
beginning on the first day of January following the election. The 808
election of the initial retirant member of the board shall be
held on the first Monday in October, 1978, and elections for 809
subsequent retirant members of the board shall be held on the 810
first Monday in October in each fourth year thereafter. 811
(C) All elections for employee members of the public 813
22
employees retirement board shall be held under the direction of 814
the board. Any member of the public employees retirement system, 815
except a member who is receiving a disability benefit under this 816
chapter, is eligible for election as an employee member of the 817
board to represent the employee group of which he is a THAT 818
INCLUDES THE member, provided that he THE MEMBER has been 820
nominated by a petition signed by at least five hundred members 822
of the employee group to be represented and further provided that 823
there shall be not less than twenty such signers from each of at 824
least ten counties of the state. The name of any member so 825
nominated shall be placed upon the ballot by the board as a 826
regular candidate. Names of other eligible candidates may, at 827
any election, be substituted for the regular candidates by 828
writing such names upon the ballots. The candidate who receives 829
the highest number of votes for a particular employee member 830
position on the board shall be elected to that office. 831
(D) All elections for the retirant member of the public 833
employees retirement board shall be held under the direction of 834
the board. Any former member of the public employees retirement 835
system who is a recipient of service retirement benefits under 836
this chapter and a resident of this state, and any member of the 837
system who is a recipient of a disability benefit under this 838
chapter and a resident of this state, DESCRIBED IN DIVISION (E) 840
OF SECTION 145.04 OF THE REVISED CODE is eligible for election as 841
the retirant member of the board to represent the RECIPIENTS OF 842
AGE AND service retirants and RETIREMENT, A disability benefit 844
recipients of the system, OR BENEFITS PAID UNDER A PLAN 846
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, provided 848
that such person has been nominated by a petition signed by at 849
least two hundred fifty former members of the system who are 850
receiving RECIPIENTS OF AGE AND service retirement benefits under 851
this chapter or members of the system who are receiving, a 852
disability benefit, OR BENEFITS PAID under this chapter A PLAN 854
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, or any 855
23
combination of such service retirants and disability benefit 857
recipients that totals two hundred fifty. The petition shall 858
contain the signatures of at least ten such retirants or 859
recipients from each of at least five counties wherein service 860
retirants or disability benefit recipients under OF BENEFITS FROM 861
the system reside. 862
The name of any disability benefit recipient or service 864
retirant under the system PERSON nominated in this manner shall 865
be placed upon the ballot by the board as a regular candidate. 866
Names of other eligible candidates may, at any election for the 867
retirant member of the board, be substituted for the regular 868
candidates by writing the names of such persons upon the ballot. 869
The candidate who receives the highest number of votes for any 870
term as the retirant member of the board shall be elected to 871
office. 872
Sec. 145.06. (A) If a vacancy occurs in the term of any 881
employee member of the public employees retirement board, the 882
remaining members of the board shall elect an employee member 883
from the employee group lacking representation because of the 884
vacancy for the unexpired term. 885
Any employee member of the board who fails to attend the 887
meetings of the board for three months or longer, without valid 888
excuse, shall be considered as having resigned, and the board 889
shall declare his THE EMPLOYEE MEMBER'S office vacated as of the 890
date of the adoption of a proper resolution. 892
(B) If a vacancy occurs during the term of office of the 894
retirant member of the board, the remaining members of the board 895
shall elect a successor retirant member who shall hold office for 896
the remainder of the predecessor retirant member's term. The 897
successor retirant member shall be a former member of the public 898
employees retirement system who is a recipient of service 899
retirement benefits under this chapter and a resident of this 900
state, or a member of the system who is a recipient of a 901
disability benefit under this chapter and a resident of this 902
24
state ELIGIBLE FOR ELECTION UNDER SECTION 145.04 OF THE REVISED 904
CODE AS THE RETIRANT MEMBER OF THE BOARD.
If a retirant member of the board fails to attend the 906
meetings of the board for three months or longer, without valid 907
excuse, he THE RETIRANT MEMBER shall be considered as having 908
resigned, and the board shall declare his THE MEMBER'S office 910
vacated as of the date of the adoption of a proper resolution. 912
If as a result of changed circumstances the retirant member 914
would no longer qualify for membership on the board as the 915
retirant member, his THE RETIRANT MEMBER'S office shall be 916
considered vacant, and a successor retirant member shall be 918
chosen in the manner specified in this division. 919
(C) If a person elected to serve on the board is unable to 921
assume office at the January meeting of the board following his 922
or her THE PERSON'S election, a special election shall be held in 923
accordance with the provisions of section 145.05 of the Revised 925
Code within three months of the January meeting and the newly 926
elected person shall assume office at the meeting of the board 927
immediately following the special election. 928
Sec. 145.07. Each member of the public employees 937
retirement board, upon assuming office, shall take an oath that 938
he THE MEMBER will support the constitution of the United States 939
and the constitution of the state, and that he THE MEMBER will 941
diligently and honestly administer the affairs of the board and 943
that he THE MEMBER will not knowingly violate or willfully permit 945
to be violated sections 145.01 to 145.58 ANY PROVISION of the 946
Revised Code THIS CHAPTER. Such oath shall be subscribed to by 948
the member making it, and certified by the officer before whom it 949
is taken, and shall be immediately filed in the office of the 950
secretary of state. A majority of the members of the board 951
constitutes a quorum. All meetings of the board shall be open to 952
the public except executive sessions as set forth in division (G) 953
of section 121.22 of the Revised Code, and any portions of any 954
sessions discussing medical records or the degree of disability 955
25
of a member excluded from public inspection by section 145.27 of 956
the Revised Code.
Sec. 145.09. The public employees retirement board shall 965
elect from its membership a chairperson, and shall appoint an 967
executive director who shall serve as secretary to the board, an 968
actuary, and other employees as necessary for the transaction of 969
the business of the public employees retirement system. The 970
compensation of all persons so appointed shall be fixed by the 971
board. Every expense voucher of an employee, officer, or board 972
member of the public employees retirement system shall itemize 973
all purchases and expenditures. 974
The board shall perform other functions as required for the 976
proper execution of sections 145.01 to 145.58 of the Revised Code 978
THIS CHAPTER, and may adopt rules IN ACCORDANCE WITH SECTION 979
111.15 OF THE REVISED CODE for the proper administration and 980
management of sections 145.01 to 145.58 of the Revised Code THIS 981
CHAPTER. 982
The attorney general shall prescribe procedures for the 984
adoption of rules authorized under this chapter, consistent with 985
the provision of section 111.15 of the Revised Code under which 986
all rules shall be filed in order to be effective. Such 987
procedures shall establish methods by which notice THE BOARD MAY 988
TAKE ALL APPROPRIATE ACTION TO AVOID PAYMENT BY THE SYSTEM OR ITS 989
MEMBERS OF FEDERAL OR STATE INCOME TAXES ON CONTRIBUTIONS TO THE 990
SYSTEM OR AMOUNTS EARNED ON SUCH CONTRIBUTIONS. 991
NOTICE of proposed rules is SHALL BE given to interested 994
parties and rules adopted by the board SHALL BE published and 995
otherwise made available. When it files a rule with the joint 996
committee on agency rule review pursuant to section 111.15 of the 997
Revised Code, the board shall submit to the Ohio retirement study 999
council a copy of the full text of the rule, and if applicable, a 1,001
copy of the rule summary and fiscal analysis required by division 1,002
(B) of section 127.18 of the Revised Code. 1,005
The board may sue and be sued, plead and be impleaded, 1,007
26
contract and be contracted with. All of its business shall be 1,008
transacted, all of its funds invested, all warrants for money 1,009
drawn and payments made, and all of its cash and securities and 1,010
other property shall be held in the name of the board, or in the 1,011
name of its nominee, provided that nominees are authorized by 1,012
retirement board resolution for the purpose of facilitating the 1,013
ownership and transfer of investments and restricted to members 1,014
of the board, the executive director, and designated members of 1,015
the staff, or a partnership composed of any of the foregoing 1,016
persons. 1,017
Sec. 145.091. THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL 1,019
ADMINISTER THE PLAN DESCRIBED IN SECTIONS 145.201 TO 145.70 OF 1,020
THE REVISED CODE AND THE PLAN OR PLANS ESTABLISHED UNDER SECTION 1,022
145.81 OF THE REVISED CODE.
Sec. 145.19 145.111. Except as provided in sections 145.01 1,031
to 145.57, inclusive, of the Revised Code THIS CHAPTER, no member 1,034
or employee of the public employees retirement board shall have 1,036
any interest direct or indirect in the gains or profits of any 1,037
investment made by the board nor as such directly or indirectly
receive any pay or emolument of his THE MEMBER'S OR EMPLOYEE'S 1,038
services. No member or person connected with the board directly 1,040
or indirectly, for himself SELF or as an agent or partner of 1,041
others, shall borrow any of its funds or deposits or in any 1,042
manner use the same except to make such current and necessary 1,043
payments as are authorized by the board. No member or employee 1,044
shall become an indorser or surety or become in any manner an 1,045
obligor for moneys loaned by or borrowed from the board.
Sec. 145.12. The public employees retirement board shall 1,054
prepare and submit to the board of county commissioners and 1,055
county auditor of each county, to the executive head of each 1,056
municipal corporation, park district, conservancy district, 1,057
health district, and metropolitan housing authority, to the board 1,058
of township trustees of each township, and to the board of 1,059
trustees of each public library, and to each employer, except the 1,060
27
state of Ohio, mentioned in division (D) of section 145.01 of the 1,061
Revised Code, prior to the fifteenth day of July of each year, a 1,062
certification of the rate necessary to pay the obligation of each 1,063
county, municipal corporation, park district, conservancy 1,064
district, health district, township, metropolitan housing 1,065
authority, or public library accruing during the year beginning 1,066
the first day of January of the following year, and shall submit 1,067
to the budget commission of each county a copy of such statement 1,068
for said county and for each municipal corporation, township, and 1,069
public library within such county. The rate so certified to each 1,070
county, township, public library, and municipal corporation shall 1,071
be a percentage of the earnable salary of all contributors in the 1,072
employ of such employer, and an amount determined by multiplying 1,073
the total annual earnable salary of all such contributors 1,074
employed by the employer by such rate and the amount so 1,075
determined shall be included in its budget and allowed by the 1,076
budget commission. 1,077
The board of county commissioners of each county, the 1,079
legislative authority of each municipal corporation, the board of 1,080
commissioners of any park district, the board of directors of any 1,081
conservancy district, the members of any metropolitan housing 1,082
authority, the fiscal officers of any health district, the board 1,083
of township trustees of each township, and the board of trustees 1,084
of each public library shall appropriate sufficient funds to 1,085
provide for such obligations. 1,086
The board of county commissioners of each county, the 1,088
legislative authority of each municipal corporation, the board of 1,089
commissioners of any park district, the board of directors of any 1,090
conservancy district, the members of any metropolitan housing 1,091
authority, the fiscal officers of any health district, the board 1,092
of township trustees of each township, and the board of trustees 1,093
of each public library may reimburse the fund from which such 1,094
appropriation is made by transferring to such fund from any other 1,095
fund of such subdivision the proportionate amount of such 1,096
28
appropriation that should be chargeable to such fund whether such 1,097
fund is derived from taxation or otherwise. 1,098
Such payment may be made directly out of any funds, whether 1,100
derived from taxation or otherwise, from which the salaries or 1,101
compensation of public employees, on account of whom such 1,102
payments are to be made, are payable. Upon certification by the 1,103
public employees retirement board of the amount due by an 1,104
employer within any county who is subject to sections 145.01 to 1,105
145.59 of the Revised Code THIS CHAPTER, such payment shall be 1,106
made from any fund or funds in the hands of the county auditor 1,108
for distribution to such employer. 1,109
Sec. 145.14. For the purpose of meeting disbursements for 1,118
annuities and other payments in excess of the receipts, there 1,119
shall be kept available by the treasurer of state an amount not 1,120
exceeding ten per cent of the total amount in the funds provided 1,121
for by sections 145.01 to 145.57, inclusive, of the Revised Code, 1,123
THIS CHAPTER on deposit in any bank or banks in this state,
organized under the laws thereof, or under the laws of the United 1,125
States, or with any trust company or trust companies incorporated 1,126
by the law of this state. Said banks or trust companies shall 1,127
furnish adequate security for said deposit. The sum so deposited 1,128
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 1,129
company.
Sec. 145.171. ON RECEIPT OF NOTICE UNDER SECTION 145.17 OF 1,131
THE REVISED CODE OF THE EMPLOYMENT OF A NEW PUBLIC EMPLOYEE, THE 1,132
PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL INFORM THE EMPLOYEE OF 1,133
THE REQUIREMENTS OF SECTION 145.19 OF THE REVISED CODE.
Sec. 145.19. (A) EXCEPT AS PROVIDED IN DIVISION (D) OF 1,135
THIS SECTION, AN INDIVIDUAL WHO BECOMES A MEMBER OF THE PUBLIC 1,137
EMPLOYEES RETIREMENT SYSTEM ON OR AFTER THE DATE ON WHICH THE 1,138
PUBLIC EMPLOYEES RETIREMENT BOARD ESTABLISHES A PLAN UNDER 1,140
SECTION 145.81 OF THE REVISED CODE SHALL MAKE AN ELECTION UNDER 1,141
THIS SECTION. NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE 1,142
29
DATE ON WHICH EMPLOYMENT BEGINS, THE INDIVIDUAL SHALL ELECT TO 1,143
PARTICIPATE EITHER IN THE PLAN DESCRIBED IN SECTIONS 145.201 TO 1,144
145.79 OF THE REVISED CODE OR ONE OF THE PLANS ESTABLISHED UNDER 1,146
SECTION 145.81 OF THE REVISED CODE. IF A FORM EVIDENCING AN 1,147
ELECTION UNDER THIS SECTION IS NOT ON FILE WITH THE EMPLOYER AT 1,148
THE END OF THE ONE-HUNDRED-EIGHTY-DAY PERIOD, THE INDIVIDUAL IS 1,150
DEEMED TO HAVE ELECTED TO PARTICIPATE IN THE PLAN DESCRIBED IN 1,152
SECTIONS 145.201 TO 145.79 OF THE REVISED CODE. 1,153
(B) AN ELECTION UNDER THIS SECTION SHALL BE MADE IN 1,155
WRITING ON A FORM PROVIDED BY THE RETIREMENT SYSTEM AND FILED 1,156
WITH THE EMPLOYER'S PERSONNEL OFFICER. NOT LATER THAN TEN DAYS 1,158
AFTER RECEIVING THE FORM EVIDENCING THE ELECTION, THE EMPLOYER 1,159
SHALL TRANSMIT TO THE SYSTEM A COPY THAT INCLUDES A STATEMENT 1,160
CERTIFYING THAT IT IS A TRUE AND ACCURATE COPY OF THE ORIGINAL. 1,161
(C) AN ELECTION UNDER THIS SECTION SHALL TAKE EFFECT ON 1,163
THE DATE EMPLOYMENT BEGAN AND IS IRREVOCABLE ON RECEIPT BY THE 1,164
EMPLOYER.
(D) AN INDIVIDUAL IS INELIGIBLE TO MAKE AN ELECTION UNDER 1,166
THIS SECTION IF ONE OF THE FOLLOWING APPLIES: 1,167
(1) AT THE TIME EMPLOYMENT BEGINS, THE INDIVIDUAL IS 1,169
ALREADY A MEMBER OR CONTRIBUTOR PARTICIPATING IN THE PLAN 1,170
DESCRIBED IN SECTIONS 145.201 TO 145.79 OF THE REVISED CODE OR A 1,171
PERS RETIRANT, AS DEFINED IN SECTION 145.38 OF THE REVISED CODE. 1,172
(2) AN ELECTION TO PARTICIPATE IN AN ALTERNATIVE 1,174
RETIREMENT PLAN UNDER SECTION 3305.05 OF THE REVISED CODE IS IN 1,175
EFFECT FOR EMPLOYMENT COVERED BY THE SYSTEM. 1,176
(3) THE INDIVIDUAL IS A LAW ENFORCEMENT OFFICER. 1,178
Sec. 145.191. (A) A MEMBER OF THE PUBLIC EMPLOYEES 1,180
RETIREMENT SYSTEM, OTHER THAN A MEMBER WHO IS A LAW ENFORCEMENT 1,181
OFFICER, WHO, AS OF THE LAST DAY OF THE MONTH IMMEDIATELY 1,182
PRECEDING THE DATE ON WHICH THE SYSTEM ESTABLISHES A PLAN UNDER 1,183
SECTION 145.81 OF THE REVISED CODE, HAS LESS THAN FIVE YEARS OF 1,184
TOTAL SERVICE CREDIT IS ELIGIBLE TO MAKE AN ELECTION UNDER THIS 1,185
SECTION.
30
NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DAY THE 1,187
BOARD FIRST ESTABLISHES ONE OR MORE PLANS UNDER SECTION 145.81 OF 1,189
THE REVISED CODE, AN ELIGIBLE MEMBER MAY ELECT TO PARTICIPATE IN 1,190
A PLAN ESTABLISHED UNDER THAT SECTION. IF AN ELECTION IS NOT 1,191
MADE, A MEMBER TO WHOM THIS SECTION APPLIES IS DEEMED TO HAVE 1,193
ELECTED TO CONTINUE PARTICIPATING IN THE PLAN DESCRIBED IN 1,194
SECTIONS 145.201 TO 145.79 OF THE REVISED CODE. 1,195
(B) AN ELECTION UNDER THIS SECTION SHALL BE MADE IN 1,197
WRITING ON A FORM PROVIDED BY THE SYSTEM AND FILED WITH THE 1,198
SYSTEM.
(C) ON RECEIPT OF AN ELECTION UNDER THIS SECTION, THE 1,200
SYSTEM SHALL DO BOTH OF THE FOLLOWING: 1,201
(1) CREDIT TO THE ACCOUNT OF THE MEMBER IN THE DEFINED 1,203
CONTRIBUTION FUND THE ACCUMULATED CONTRIBUTIONS STANDING TO THE 1,204
MEMBER'S CREDIT IN THE EMPLOYEES' SAVINGS FUND; 1,205
(2) CANCEL ALL SERVICE CREDIT AND ELIGIBILITY FOR ANY 1,207
PAYMENT, BENEFIT, OR RIGHT UNDER THE PLAN DESCRIBED IN SECTIONS 1,208
145.201 TO 145.79 OF THE REVISED CODE. 1,209
(D) AN ELECTION UNDER THIS SECTION SHALL BE IRREVOCABLE ON 1,212
RECEIPT BY THE SYSTEM. 1,213
Sec. 145.192. A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT 1,215
SYSTEM WHO ELECTS TO PARTICIPATE IN A PLAN ESTABLISHED UNDER 1,216
SECTION 145.81 OF THE REVISED CODE SHALL BE INELIGIBLE FOR ANY 1,218
BENEFIT OR PAYMENT UNDER SECTIONS 145.201 TO 145.79 OF THE 1,219
REVISED CODE AND SHALL BE FOREVER BARRED FROM CLAIMING OR 1,221
PURCHASING SERVICE CREDIT WITH THE SYSTEM OR ANY OTHER OHIO STATE 1,222
RETIREMENT SYSTEM, AS DEFINED IN SECTION 145.30 OF THE REVISED 1,223
CODE, FOR SERVICE COVERED BY THE ELECTION. 1,224
Sec. 145.20. Any elective official of the state of Ohio or 1,233
of any political subdivision thereof having employees in the 1,234
public employees retirement system shall be considered as an 1,235
employee of the state or such political subdivision, and may 1,236
become a member of the system upon application to the public 1,237
employees retirement board, with all the rights, privileges, and 1,238
31
obligations of membership. Service as any such elective official 1,239
by any member of the system rendered prior to January 1, 1935, 1,240
shall be included as prior service, provided the member has 1,241
completed three years of contributing service, or the equivalent 1,242
thereof, in the public employees retirement system subsequent to 1,243
the date that membership is established. 1,244
Credit for service between January 1, 1935, and the date 1,246
that membership is established, except service as an elective 1,247
official that was subject to the tax on wages imposed by the 1,248
"Federal Insurance Contributions Act," 68A Stat. 415 (1954), 26 1,249
U.S.C.A. 3101, as amended, may be secured by the elective 1,250
official provided he THE ELECTIVE OFFICIAL pays into the 1,251
employees' savings fund an amount determined by applying the 1,253
member contribution rate in effect at the time of payment to the 1,254
earnable salary of the member during all periods of service after 1,255
January 1, 1935, covered by sections 145.01 to 145.59 of the 1,256
Revised Code THIS CHAPTER, for which contributions have not been 1,258
paid, plus interest on such amount compounded annually at a rate 1,259
to be determined by the board, and completes one and one-half 1,260
years of contributing membership in the public employees 1,261
retirement system subsequent to the date membership was 1,262
established. The member may choose to purchase only part of such 1,263
credit in any one payment. The public employees retirement board 1,264
shall determine the amount and manner of payment of such 1,265
contributions. In the event of death or withdrawal from service, 1,266
the payment into the employees' savings fund for such service 1,267
credit shall be considered as accumulated contributions of the 1,268
member.
Sec. 145.21. The public employees retirement board shall 1,277
provide for the maintenance of an individual account with each 1,278
contributor showing the amount of his THE CONTRIBUTOR'S 1,279
contributions and the interest accumulations thereon. It shall 1,280
collect and keep in convenient form such data as is necessary for 1,281
the preparation of the required mortality and service tables, and 1,282
32
for an actuarial valuation of the assets and liabilities of the 1,283
various funds created by sections 145.01 to 145.59 of the Revised 1,285
Code THIS CHAPTER. Upon the basis of the mortality and service 1,286
experience of the members, contributors, retirants, and 1,287
beneficiaries of the public employees retirement system, the 1,288
board shall adopt from time to time such tables as are deemed 1,289
necessary for valuation purposes and for determining the amount 1,290
of annuities to be allowed on the basis of the contributions.
Sec. 145.22. (A) The public employees retirement board 1,299
shall have prepared annually by or under the supervision of an 1,300
actuary an actuarial valuation of the pension assets, 1,301
liabilities, and funding requirements of the public employees 1,302
retirement system as established pursuant to sections 145.01 to 1,304
145.59 of the Revised Code THIS CHAPTER. The actuary shall
complete the valuation in accordance with actuarial standards of 1,306
practice promulgated by the actuarial standards board of the 1,307
American academy of actuaries and prepare a report of the 1,308
valuation. The report shall include all of the following: 1,309
(1) A summary of the benefit provisions evaluated; 1,311
(2) A summary of the census data and financial information 1,313
used in the valuation; 1,314
(3) A description of the actuarial assumptions, actuarial 1,316
cost method, and asset valuation method used in the valuation, 1,317
including a statement of the assumed rate of payroll growth and 1,318
assumed rate of growth or decline in the number of members 1,319
contributing to the retirement system;
(4) A summary of findings that includes a statement of the 1,321
actuarial accrued pension liabilities and unfunded actuarial 1,322
accrued pension liabilities; 1,323
(5) A schedule showing the effect of any changes in the 1,325
benefit provisions, actuarial assumptions, or cost methods since 1,326
the last annual actuarial valuation; 1,327
(6) A statement of whether contributions to the retirement 1,329
system are expected to be sufficient to satisfy the funding 1,330
33
objectives established by the board. 1,331
The board shall submit the report to the Ohio retirement 1,333
study commission COUNCIL and the standing committees of the house 1,335
of representatives and the senate with primary responsibility for 1,336
retirement legislation not later than the first day of November 1,337
SEPTEMBER following the year for which the valuation was made. 1,338
(B) At such time as the public employees retirement board 1,340
determines, and at least once in each five-year period, the board 1,342
shall have prepared by or under the supervision of an actuary an 1,343
actuarial investigation of the mortality, service, and other 1,344
experience of the members, retirants, contributors, and 1,345
beneficiaries of the system to update the actuarial assumptions 1,346
used in the actuarial valuation required by division (A) of this 1,347
section. The actuary shall prepare a report of the actuarial 1,348
investigation. The report shall be prepared and any recommended 1,349
changes in actuarial assumptions shall be made in accordance with 1,350
the actuarial standards of practice promulgated by the actuarial 1,351
standards board of the American academy of actuaries. The report 1,352
shall include all of the following:
(1) A summary of relevant decrement and economic 1,354
assumption experience observed over the period of the 1,355
investigation;
(2) Recommended changes in actuarial assumptions to be 1,357
used in subsequent actuarial valuations required by division (A) 1,359
of this section;
(3) A measurement of the financial effect of the 1,361
recommended changes in actuarial assumptions. 1,362
The board shall submit the report to the Ohio retirement 1,365
study commission COUNCIL and the standing committees of the house 1,366
of representatives and the senate with primary responsibility for 1,367
retirement legislation not later than the first day of November 1,368
following the last fiscal year of the period the report covers.
(C) The board may at any time request the actuary to make 1,370
any studies or actuarial valuations to determine the adequacy of 1,372
34
the normal and deficiency rates of contribution provided by RATE 1,373
DETERMINED UNDER section 145.48 of the Revised Code, and those 1,375
rates may be adjusted by the board, as recommended by the 1,376
actuary, effective as of the first of any year thereafter. 1,377
(D) The board shall have prepared by or under the 1,379
supervision of an actuary an actuarial analysis of any introduced 1,380
legislation expected to have a measurable financial impact on the 1,381
retirement system. The actuarial analysis shall be completed in 1,382
accordance with the actuarial standards of practice promulgated 1,383
by the actuarial standards board of the American academy of 1,384
actuaries. The actuary shall prepare a report of the actuarial 1,385
analysis, which shall include all of the following: 1,386
(1) A summary of the statutory changes that are being 1,388
evaluated;
(2) A description of or reference to the actuarial 1,390
assumptions and actuarial cost method used in the report; 1,391
(3) A description of the participant group or groups 1,393
included in the report; 1,394
(4) A statement of the financial impact of the 1,396
legislation, including the resulting increase, if any, in the 1,397
employer normal cost percentage; the increase, if any, in 1,398
actuarial accrued liabilities; and the per cent of payroll that 1,399
would be required to amortize the increase in actuarial accrued
liabilities as a level per cent of covered payroll for all active 1,400
members over a period not to exceed thirty years; 1,401
(5) A statement of whether the scheduled contributions to 1,403
the system after the proposed change is enacted are expected to 1,404
be sufficient to satisfy the funding objectives established by 1,405
the board.
Not later than sixty days from the date of introduction of 1,407
the legislation, the board shall submit a copy of the actuarial 1,408
analysis to the legislative budget office of the legislative 1,409
service commission, the standing committees of the house of 1,410
representatives and the senate with primary responsibility for 1,411
35
retirement legislation, and the Ohio retirement study commission 1,412
COUNCIL.
(E) The board shall have prepared annually a report giving 1,415
a full accounting of the revenues and costs relating to the 1,416
provision of benefits under sections 145.325 and 145.58 of the 1,417
Revised Code. The report shall be made as of December 31, 1997, 1,418
and the thirty-first day of December of each year thereafter. 1,420
The report shall include the following:
(1) A description of the statutory authority for the 1,422
benefits provided; 1,423
(2) A summary of the benefits; 1,425
(3) A summary of the eligibility requirements for the 1,427
benefits; 1,428
(4) A statement of the number of participants eligible for 1,430
the benefits; 1,431
(5) A description of the accounting, asset valuation, and 1,433
funding method used to provide the benefits; 1,434
(6) A statement of the net assets available for the 1,436
provision of the benefits as of the last day of the fiscal year; 1,438
(7) A statement of any changes in the net assets available 1,441
for the provision of benefits, including participant and employer 1,442
contributions, net investment income, administrative expenses, 1,443
and benefits provided to participants, as of the last day of the 1,444
fiscal year;
(8) For the last six consecutive fiscal years, a schedule 1,446
of the net assets available for the benefits, the annual cost of 1,448
benefits, administrative expenses incurred, and annual employer 1,449
contributions allocated for the provision of benefits; 1,450
(9) A description of any significant changes that affect 1,452
the comparability of the report required under this division; 1,454
(10) A statement of the amount paid under division (D) of 1,456
section 145.58 of the Revised Code. 1,457
The board shall submit the report to the Ohio retirement 1,459
study commission COUNCIL and the standing committees of the house 1,460
36
of representatives and the senate with primary responsibility for 1,461
retirement legislation not later than the thirtieth day of June 1,463
following the year for which the report was made.
Sec. 145.23. The funds hereby created are the employees' 1,472
savings fund, the employers' accumulation fund, the annuity and 1,473
pension reserve fund, the income fund, the survivors' benefit 1,474
fund, THE DEFINED CONTRIBUTION FUND, and the expense fund. 1,475
(A) The employees' savings fund is the fund in which shall 1,477
be accumulated contributions from the earnable salaries of 1,478
contributors for the purchase of annuities or retirement 1,479
allowances. 1,480
The accumulated contributions of a contributor returned to 1,482
him THE CONTRIBUTOR upon his withdrawal, or paid to his THE 1,484
CONTRIBUTOR'S estate or designated beneficiary in the event of 1,485
his death, shall be paid from the employees' savings fund. Any 1,486
accumulated contributions forfeited by failure of a member, or 1,487
his A MEMBER'S estate, to claim the same, shall be transferred 1,489
from the employees' savings fund to the income fund. The 1,490
accumulated contributions of a contributor shall be transferred 1,491
from the employees' savings fund to the annuity and pension 1,492
reserve fund in the event of his THE CONTRIBUTOR'S retirement. 1,493
(B) The employers' accumulation fund is the fund in which 1,495
shall be accumulated the reserves for the payment of all pensions 1,496
and disability benefits payable as provided in this chapter. The 1,497
amounts paid by the state of Ohio and by any employer defined in 1,498
division (A) of UNDER section 145.01 145.48 of the Revised Code 1,500
because of the normal contributions and deficiency contributions 1,501
shall be credited to the employers' accumulation fund. 1,502
Any payments made into the employers' accumulation fund by 1,504
a member as provided in section 145.31 of the Revised Code shall 1,505
be refunded to such member under the conditions specified in 1,506
section 145.40 of the Revised Code. 1,507
Upon the retirement of a contributor, the full amount of 1,509
his THE CONTRIBUTOR'S pension reserve shall be transferred from 1,510
37
the employers' accumulation fund to the annuity and pension 1,512
reserve fund.
(C) The annuity and pension reserve fund is the fund from 1,514
which shall be paid all pensions, disability benefits, annuities, 1,515
and benefits in lieu thereof, because of which reserves have been 1,516
transferred from the employees' savings fund and the employers' 1,517
accumulation fund. 1,518
Any contributor may deposit in the employees' savings fund, 1,520
subject to rules established from time to time by the public 1,521
employees retirement board SYSTEM, such ADDITIONAL amounts as he 1,523
desires, and, at the time of age and service retirement, shall 1,525
receive in return therefor, at his THE CONTRIBUTOR'S option, 1,526
either an annuity having a reserve equal to the amount deposited 1,528
or a cash refund of such amounts together with such interest as 1,529
may have been allowed by the public employees retirement board at 1,530
the end of each calendar year. Such deposits for additional 1,531
annuity together with such interest as may have been allowed by 1,532
the public employees retirement board at the end of each calendar 1,533
year shall be refunded in the event of death prior to retirement 1,534
or withdrawal of accumulated contributions as provided in 1,535
sections 145.40 and 145.43 of the Revised Code or upon 1,536
application of the contributor prior to age and service 1,537
retirement.
FOR DEPOSITS RECEIVED IN A CALENDAR YEAR, INTEREST SHALL BE 1,540
EARNED BEGINNING ON THE FIRST DAY OF THE CALENDAR YEAR NEXT
FOLLOWING AND ENDING ON THE LAST DAY OF THAT YEAR, EXCEPT THAT IN 1,542
THE CASE OF A PAYMENT UNDER THIS DIVISION MADE PRIOR TO THE LAST 1,544
DAY OF A YEAR, INTEREST SHALL BE EARNED ENDING ON THE LAST DAY OF 1,545
THE MONTH PRIOR TO THE DATE OF PAYMENT. THE BOARD SHALL CREDIT 1,546
INTEREST AT THE END OF THE CALENDAR YEAR IN WHICH IT IS EARNED. 1,547
(D) The income fund is the fund from which interest is 1,549
transferred and credited on the amounts in the funds described in 1,550
divisions (B), (C), and (F) of this section, and is a contingent 1,551
fund from which the special requirements of the funds may be paid 1,552
38
by transfer from this fund. All income derived from the 1,553
investment of THE funds by the public employees retirement board 1,554
as trustee under section 145.11 of the Revised Code SYSTEM, 1,555
together with all gifts and bequests, or the income therefrom, 1,557
shall be paid into this fund. 1,558
Any deficit occurring in any other fund that will not be 1,560
covered by payments to that fund, as otherwise provided in 1,561
Chapter 145. of the Revised Code, shall be paid by transfers of 1,562
amounts from the income fund to such fund or funds. If the 1,563
amount in the income fund is insufficient at any time to meet the 1,564
amounts payable therefrom TO THE FUNDS DESCRIBED IN DIVISIONS (C) 1,566
AND (F) OF THIS SECTION, the amount of the deficiency, with 1,567
regular interest, shall be paid by an additional employer rate of 1,568
contributions as determined by the actuary, not to exceed 1,569
fourteen per cent, and the amount of the additional employer 1,570
contribution shall be credited to the income fund TRANSFERRED 1,571
FROM THE EMPLOYERS' ACCUMULATION FUND. 1,572
The public employees retirement board SYSTEM may accept 1,574
gifts and bequests. Any funds that may come into possession of 1,576
the public employees retirement board in this manner, or GIFTS OR 1,577
BEQUESTS, ANY FUNDS which may be transferred from the employees' 1,579
savings fund by reason of lack of a claimant, or any surplus in 1,580
any fund created by this section, or any other funds whose 1,581
disposition is not otherwise provided for, shall be credited to 1,582
the income fund.
(E) The expense fund is the fund from which shall be paid 1,584
the expenses of the administration of this chapter, exclusive of 1,585
amounts payable as retirement allowances and as other benefits. 1,586
(F) The survivors' benefit fund is the fund from which 1,588
shall be paid dependent survivor benefits provided by section 1,589
145.45 of the Revised Code. 1,590
(G) THE DEFINED CONTRIBUTION FUND IS THE FUND IN WHICH 1,593
SHALL BE ACCUMULATED THE CONTRIBUTIONS DEDUCTED FROM THE EARNABLE 1,594
SALARY OF MEMBERS PARTICIPATING IN A PLAN ESTABLISHED UNDER 1,595
39
SECTION 145.81 OF THE REVISED CODE, AS PROVIDED IN SECTION 145.85 1,597
OF THE REVISED CODE, TOGETHER WITH ANY EARNINGS AND EMPLOYER 1,599
CONTRIBUTIONS, AS PROVIDED IN SECTION 145.86 OF THE REVISED CODE, 1,600
CREDITED THEREON. THE DEFINED CONTRIBUTION FUND IS THE FUND FROM 1,601
WHICH SHALL BE PAID ALL BENEFITS PROVIDED UNDER A PLAN
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE. 1,602
Sec. 145.25. When reference is made in sections 145.01 to 1,611
145.57, inclusive, of the Revised Code THIS CHAPTER, to the 1,613
employees' savings fund, the employers' accumulation fund, the 1,615
annuity and pension reserve fund, the income fund, the survivors' 1,616
benefit fund, THE DEFINED CONTRIBUTION FUND, or the expense fund, 1,617
such reference is made to each as a separate legal entity. This 1,618
section does not prevent the deposit or investment of all such 1,619
moneys intermingled for such purpose but such funds shall be 1,620
separate and distinct legal entities for all other purposes.
Sec. 145.26. The treasurer of state shall be the custodian 1,629
of the funds of the public employees retirement system, and all 1,630
disbursements therefrom shall be paid by him THE TREASURER OF 1,631
STATE only upon instruments authorized by the public employees 1,633
retirement board and bearing the signatures of the board; 1,634
provided, that such instruments may bear the names of the board 1,635
members printed thereon and the signatures of the chairman 1,636
CHAIRPERSON, or of the vice-chairman VICE-CHAIRPERSON in case of 1,638
the absence or disability of the chairman CHAIRPERSON, and of the 1,640
executive director of the board. The signatures of the chairman 1,642
CHAIRPERSON and of the executive director may be affixed through 1,644
the use of a mechanical check-signing device.
The treasurer of state shall give a separate and additional 1,646
bond in such amount as is fixed by the governor and with sureties 1,647
selected by the board and approved by the governor, conditioned 1,648
for the faithful performance of the duties of the treasurer of 1,649
state as custodian of the funds of the system. Such bond shall 1,650
be deposited with the secretary of state and kept in his THE 1,651
office. The governor may require the treasurer of state to give 1,653
40
other and additional bonds, as the funds of the system increase, 1,654
in such amounts and at such times as may be fixed by the 1,655
governor, which additional bonds shall be conditioned, filed, and 1,656
obtained as is provided for the original bond of the treasurer of 1,657
state covering the funds of the system. The premium on all bonds 1,658
shall be paid by the board. 1,659
The treasurer of state shall deposit any portion of the 1,661
funds of the system not needed for immediate use in the same 1,662
manner as state funds are deposited, and subject to all laws with 1,663
respect to the deposit of state funds, by the treasurer of state, 1,664
and all interest earned by such portion of the retirement funds 1,665
as is deposited by the treasurer of state shall be collected by 1,666
him THE TREASURER OF STATE and placed to the credit of the board. 1,668
THE TREASURER OF STATE SHALL FURNISH ANNUALLY TO THE BOARD 1,670
A SWORN STATEMENT OF THE AMOUNT OF THE FUNDS IN THE TREASURER OF 1,671
STATE'S CUSTODY BELONGING TO THE SYSTEM. 1,672
Sec. 145.27. (A) The treasurer of state shall furnish 1,681
annually to the public employees retirement board a sworn 1,682
statement of the amount of the funds in the treasurer of state's 1,684
custody belonging to the public employees retirement system. 1,685
(B)(1) As used in this division, "personal history record" 1,687
means information maintained by the PUBLIC EMPLOYEES RETIREMENT 1,688
board on a member, former member, contributor, former 1,690
contributor, retirant, or beneficiary that includes the address, 1,691
telephone number, social security number, record of 1,692
contributions, correspondence with the PUBLIC EMPLOYEES
RETIREMENT system, or other information the board determines to 1,694
be confidential.
(2) The records of the board shall be open to public 1,696
inspection, except for the following, which shall be excluded, 1,697
except with the written authorization of the individual 1,698
concerned: 1,699
(a) The individual's statement of previous service and 1,701
other information as provided for in section 145.16 of the 1,702
41
Revised Code; 1,703
(b) The amount of a monthly allowance or benefit paid to 1,705
the individual; 1,706
(c) The individual's personal history record. 1,708
(C)(B) All medical reports and recommendations required by 1,710
sections 145.01 to 145.59 of the Revised Code THIS CHAPTER are 1,711
privileged, except that copies of such medical reports or 1,713
recommendations shall be made available to the personal 1,714
physician, attorney, or authorized agent of the individual 1,715
concerned upon written release from the individual or the 1,716
individual's agent, or when necessary for the proper 1,717
administration of the fund, to the board assigned physician. 1,718
(D)(C) Any person who is a member or contributor of the 1,720
system shall be furnished with a statement of the amount to the 1,721
credit of the individual's account upon written request. The 1,723
board is not required to answer more than one such request of a 1,724
person in any one year. The board may issue annual statements of 1,725
accounts to members and contributors. 1,726
(E)(D) Notwithstanding the exceptions to public inspection 1,728
in division (B)(A)(2) of this section, the board may furnish the 1,729
following information: 1,730
(1) If a member, former member, contributor, former 1,732
contributor, or retirant is subject to an order issued under 1,733
section 2907.15 of the Revised Code or is convicted of or pleads 1,734
guilty to a violation of section 2921.41 of the Revised Code, on 1,735
written request of a prosecutor as defined in section 2935.01 of 1,736
the Revised Code, the board shall furnish to the prosecutor the 1,737
information requested from the individual's personal history 1,738
record. 1,739
(2) Pursuant to a court or administrative order issued 1,741
under section 3111.23 or 3113.21 of the Revised Code, the board 1,742
shall furnish to a court or child support enforcement agency the 1,743
information required under that section. 1,744
(3) At the written request of any person, the board shall 1,746
42
provide to the person a list of the names and addresses of 1,747
members, former members, contributors, former contributors, 1,748
retirants, or beneficiaries. The costs of compiling, copying, 1,749
and mailing the list shall be paid by such person. 1,750
(4) Within fourteen days after receiving from the director 1,752
of job and family services a list of the names and social 1,753
security numbers of recipients of public assistance pursuant to 1,755
section 5101.181 of the Revised Code, the board shall inform the 1,756
auditor of state of the name, current or most recent employer 1,757
address, and social security number of each member whose name and 1,758
social security number are the same as that of a person whose 1,759
name or social security number was submitted by the director. 1,760
The board and its employees shall, except for purposes of 1,761
furnishing the auditor of state with information required by this 1,762
section, preserve the confidentiality of recipients of public 1,763
assistance in compliance with division (A) of section 5101.181 of 1,764
the Revised Code.
(F)(E) A statement that contains information obtained from 1,766
the system's records that is signed by the executive director of 1,767
the retirement system and to which the system's official seal is 1,768
affixed, or copies of the system's records to which the signature 1,769
and seal are attached, shall be received as true copies of the 1,770
system's records in any court or before any officer of this 1,771
state. 1,772
Sec. 145.29. Three years of contributing membership in the 1,781
public employees retirement system subsequent to the date that 1,782
membership is established entitles a member to receive prior 1,783
service credit for services prior to January 1, 1935, in any 1,784
capacity which comes under sections 145.01 to 145.58 of the 1,785
Revised Code THIS CHAPTER, provided that such member has not lost 1,786
membership at any time by the withdrawal of his THE MEMBER'S 1,788
accumulated contributions. Members who have withdrawn an 1,790
exemption shall receive the prior service credit provided for 1,791
under the conditions of this section, only in the event such 1,792
43
member has made the payments required by section 145.28 of the 1,793
Revised Code. If the public employees retirement board 1,794
determines that a position of any employee member in any one 1,795
calendar year prior to January 1, 1935, was a part-time position, 1,796
the board may determine what fractional part of a year's credit 1,797
shall be given. In determining what credit shall be allowed to 1,798
regular, full-time employees who are paid on an hourly or per 1,799
diem basis, the board shall allow a full day's credit to any 1,800
employee toward retirement who is called to work and works any 1,801
portion of a day. Credit for service between January 1, 1935, 1,802
and the date he became OF BECOMING a member except a part-time 1,804
employee who claimed exemption under the provisions of section 1,805
145.03 of the Revised Code, may be secured by any public employee 1,806
for service rendered an employer provided such public employee 1,807
pays into the employees' savings fund an amount equal to the 1,808
amount he THE MEMBER would have paid if deductions had been taken 1,809
on his THE MEMBER'S earnable salary at the member contribution 1,810
rate in effect at the time of such payment for service after 1,811
January 1, 1935, or since his THE MEMBER'S date of employment, 1,812
plus interest on such amount compounded annually at a rate to be 1,814
determined by the board. The member may choose to purchase only 1,815
part of such credit in any one payment, subject to board rules. 1,816
Such payment shall be refunded in the event of the death or 1,817
withdrawal from service of the member prior to retirement under 1,818
the same conditions and in the same manner as refunds are made 1,819
under sections 145.40 and 145.43 of the Revised Code, from the 1,820
employees' savings fund.
Sec. 145.291. Any member of the public employees 1,830
retirement system who subsequent to January 1, 1935, and the date 1,831
membership was established was off the payroll either on a leave 1,832
of absence approved by the then appointing authority or because
the member resigned due to pregnancy OR ADOPTION OF A CHILD, 1,833
shall have the right to make such payment, at the contribution 1,835
rate in effect at the time of payment, with interest on such 1,836
44
amount compounded annually at a rate to be determined by the 1,837
retirement board as the member would have made if the member had 1,839
continued on the payroll at the earnable salary the member was 1,840
receiving at the time public service was interrupted, provided 1,841
that subsequent to such leave of absence OR RESIGNATION the 1,842
member returned to regular contributing status in the retirement 1,844
system for at least twelve calendar months. In the case of 1,846
resignation, the member must submit evidence satisfactory to the 1,847
retirement board documenting that the resignation was due to
pregnancy OR ADOPTION OF A CHILD. 1,848
The member may choose to purchase only part of the credit 1,851
in any one payment, subject to board rules. The payment shall 1,852
entitle the member to receive service credit for the leave or
period of absence, except that service credit purchased under 1,853
this section shall not exceed one year. The payment, together 1,854
with any regular interest, shall, in the event of death or 1,856
withdrawal from service of the member prior to retirement, be 1,857
considered as accumulated contributions of the member. 1,858
Sec. 145.295. (A) A member of the public employees 1,867
retirement system who has contributions on deposit with, but is 1,869
no longer contributing to, the Ohio police and fire pension fund 1,871
or state highway patrol retirement system shall, in computing 1,872
years of service, be given full credit for service credit earned 1,873
under Chapter 742. or 5505. of the Revised Code or purchased for 1,874
service in the armed forces of the United States if a transfer to 1,875
the public employees retirement system is made under this 1,877
division. At the request of the member, the Ohio police and fire 1,879
pension fund or the state highway patrol retirement system shall 1,881
transfer to the public employees retirement system, for each year 1,882
of service, the sum of the following: 1,883
(1) An amount equal to the member's payments for service 1,887
in the armed forces of the United States and accumulated 1,888
contributions to the Ohio police and fire pension fund or state 1,889
highway patrol retirement system MAKING THE TRANSFER, ANY 1,892
45
PAYMENTS BY THE MEMBER FOR SERVICE IN THE ARMED FORCES OF THE 1,893
UNITED STATES, AND ANY AMOUNTS PAID UNDER SECTION 742.375 OR 1,895
5505.201 OF THE REVISED CODE TO PURCHASE SERVICE CREDIT;
(2) An amount equal to the lesser of the employer's 1,897
contributions to the Ohio police and fire pension fund or state 1,899
highway patrol retirement system or the amount that would have 1,900
been contributed by the employer for the service had the member 1,901
been employed by the member's current employer as a member of the 1,902
public employees retirement system; 1,903
(3) Interest, determined as provided in division (G) of 1,906
this section, on the amounts specified in divisions (A)(1) and 1,908
(2) of this section for the period from the last day of the year 1,912
for which the service credit IN THE TRANSFERRING FUND OR SYSTEM 1,913
was earned or in which military service credit OR CREDIT UNDER 1,914
SECTION 742.375 OR 5505.201 OF THE REVISED CODE was purchased or 1,915
obtained to the date the transfer is made. 1,917
(B) A member of the public employees retirement system who 1,920
has at least eighteen months of contributing service credit with
the public employees retirement system, who is a former member of 1,921
the Ohio police and fire pension fund or state highway patrol 1,924
retirement system, and who has received a refund of the member's 1,925
accumulated contributions to that fund or system shall, in 1,926
computing years of service, be given full credit for service 1,927
credit earned under Chapter 742. or 5505. of the Revised Code or 1,928
purchased for service in the armed forces of the United States 1,929
if, for each year of service, the public employees retirement 1,931
system receives the sum of the following:
(1) An amount, which shall be paid by the member, equal to 1,934
the amount refunded by the Ohio police and fire pension fund or 1,936
the state highway patrol retirement system to the member for that
year for accumulated contributions and payments for purchase of 1,938
credit for service in the armed forces of the United States, with 1,941
interest on that amount from the date of the refund to the date 1,942
of the payment; 1,943
46
(2) Interest, which shall be transferred by the Ohio 1,946
police and fire pension fund or state highway patrol retirement 1,948
system, on the amount refunded to the member that is attributable
to the year of service from the last day of the year for which 1,950
the service credit was earned or in which military service credit 1,951
was purchased or obtained to the date the refund was made; 1,952
(3) Interest AN AMOUNT, which shall be transferred by the 1,954
Ohio police and fire pension fund or state highway patrol 1,956
retirement system, equal to the lesser of the employer's
contributions to the Ohio police and fire pension fund or state 1,958
highway patrol retirement system for that year or the amount that 1,959
would have been contributed by the employer for the year had the 1,960
member been employed by the member's current employer as a member 1,961
of the public employees retirement system, with interest on that 1,962
amount from the last day of the year for which the service credit 1,963
was earned or in which military service credit was purchased or 1,964
obtained to the date of the transfer. 1,965
On receipt of payment from the member, the public employees 1,968
retirement system shall notify the Ohio police and fire pension 1,969
fund or the state highway patrol retirement system, which, on 1,970
receipt of the notice, shall make the transfer required by this 1,971
division. Interest shall be determined as provided in division 1,972
(G) of this section. 1,973
(C) A member of the public employees retirement system who 1,976
purchased credit under former division (A)(1) of this section, as 1,978
it existed before August 25, 1995, for service as a member of the 1,979
Ohio police and fire pension fund or state highway patrol 1,981
retirement system may elect to have the amount the member paid 1,983
for this service credit refunded to the member under this 1,984
division if the member agrees to repurchase this service credit
pursuant to division (B) of this section. 1,985
(D) Service credit purchased or otherwise obtained under 1,987
this section shall be considered the equivalent of Ohio service 1,988
credit. 1,989
47
A member may choose to purchase only part of the credit the 1,992
member is eligible to purchase under division (B) of this section 1,994
in any one payment, subject to rules of the public employees 1,995
retirement board. A member is ineligible to purchase or 1,997
otherwise obtain credit under this section for service to be used 1,998
in calculation of any retirement benefit currently being paid or 1,999
payable to the member in the future. 2,000
(E) If a member of the public employees retirement system 2,002
who is not a current contributor elects to receive credit under 2,003
section 742.379 or 5505.202 of the Revised Code for service for 2,004
which the member contributed to the retirement system or 2,005
purchased credit for service in the armed forces of the United 2,007
States, the retirement system shall transfer to the Ohio police 2,010
and fire pension fund or the state highway patrol retirement 2,011
system, as applicable, the amount specified in division (D) of 2,013
section 742.379 or division (B)(2) of section 5505.202 of the 2,014
Revised Code.
(F) A member of the public employees retirement system who 2,016
earned service credit in the public employees retirement system 2,017
for full-time service as a township or municipal police officer 2,018
and received service credit in the Ohio police and fire pension 2,020
fund under section 742.511 or 742.512 of the Revised Code for 2,022
such service may elect to have the credit restored as public 2,023
employees retirement system service credit by paying the public 2,024
employees retirement system an amount equal to the accumulated 2,025
contributions paid by the member to the Ohio police and fire 2,027
pension fund under section 742.511 or 742.512 of the Revised 2,029
Code. When such an election is made, the Ohio police and fire 2,031
pension fund shall transfer to the public employees retirement 2,033
system the amount previously transferred under section 742.511 or 2,034
742.512 of the Revised Code from the public employees retirement 2,035
system to the Ohio police and fire pension fund. 2,037
(G) Interest charged under this section shall be 2,040
calculated separately for each year of service credit at the 2,041
48
lesser of the actuarial assumption rate for that year of the 2,042
public employees retirement system or of the fund or retirement 2,043
system in which the credit was earned. The interest shall be 2,044
compounded annually. 2,045
Sec. 145.297. (A) As used in this section, "employing 2,054
unit" means: 2,055
(1) A municipal corporation, agency of a municipal 2,057
corporation designated by the legislative authority, park 2,058
district, conservancy district, sanitary district, health 2,059
district, township, metropolitan housing authority, public 2,060
library, county law library, union cemetery, joint hospital, or 2,061
other political subdivision or unit of local government. 2,062
(2) With respect to state employees, any entity of the 2,064
state including any department, agency, institution of higher 2,065
education, board, bureau, commission, council, office, or 2,066
administrative body or any part of such entity that is designated 2,067
by the entity as an employing unit. 2,068
(3)(a) With respect to employees of a board board of 2,070
alcohol, drug addiction, and mental health services, that board. 2,071
(b) With respect to employees of a county board of mental 2,073
retardation and developmental disabilities, that board. 2,074
(c) With respect to other county employees, the county or 2,076
any county agency designated by the board of county 2,077
commissioners. 2,078
(4) In the case of an employee whose employing unit is in 2,080
question, the employing unit is the unit through whose payroll 2,081
the employee is paid. 2,082
(B) An employing unit may establish a retirement incentive 2,084
plan for its eligible employees. In the case of a county or 2,085
county agency, decisions on whether to establish a retirement 2,086
incentive plan for any employees other than employees of a board 2,087
of alcohol, drug addiction, and mental health services or county 2,088
board of mental retardation and developmental disabilities and on 2,089
the terms of the plan shall be made by the board of county 2,090
49
commissioners. In the case of a municipal corporation or an 2,091
agency of a municipal corporation, decisions on whether to 2,092
establish a retirement incentive plan and on the terms of the 2,093
plan shall be made by the legislative authority. 2,094
All terms of a retirement incentive plan shall be in 2,096
writing. 2,097
A retirement incentive plan shall provide for purchase by 2,099
the employing unit of service credit for eligible employees who 2,100
elect to participate in the plan and for payment by the employing 2,101
unit of the entire cost of the service credit purchased. 2,102
Every retirement incentive plan shall remain in effect for 2,104
at least one year. The employing unit shall give employees at 2,105
least thirty days' notice before terminating the plan. 2,106
Every retirement incentive plan shall include provisions 2,108
for the timely and impartial resolution of grievances and 2,109
disputes arising under the plan. 2,110
No employing unit shall have more than one retirement 2,112
incentive plan in effect at any time. 2,113
(C) Any classified or unclassified employee of the 2,115
employing unit who is a member of the public employees retirement 2,116
system shall be eligible to participate in the retirement 2,117
incentive plan established by his THE EMPLOYEE'S employing unit 2,118
if he THE EMPLOYEE meets the following criteria: 2,120
(1) The employee is not any of the following: 2,122
(a) An elected official; 2,124
(b) A member of a board or commission; 2,126
(c) A person elected to serve a term of fixed length; 2,128
(d) A person appointed to serve a term of fixed length, 2,130
other than a person appointed and employed by his THE PERSON'S 2,131
employing unit. 2,132
(2) The employee is or will be eligible to retire under 2,134
section 145.32, 145.34, 145.37, or division (A) of section 145.33 2,135
of the Revised Code on or before the date of termination of the 2,136
retirement incentive plan. Service credit to be purchased for 2,137
50
the employee under the retirement incentive plan shall be 2,138
included in making such determination. 2,139
(3) The employee agrees to retire under section 145.32, 2,141
145.34, 145.37, or division (A) of section 145.33 of the Revised 2,142
Code within ninety days after receiving notice from the public 2,143
employees retirement system that service credit has been 2,144
purchased for him THE EMPLOYEE under this section. 2,145
Participation in the plan shall be available to all 2,147
eligible employees except that the employing unit may limit the 2,148
number of participants in the plan to a specified percentage of 2,149
its employees who are members of the public employees retirement 2,150
system on the date the plan goes into effect. The percentage 2,151
shall not be less than five per cent of such employees. If 2,152
participation is limited, employees with more total service 2,153
credit have the right to elect to participate before employees 2,154
with less total service credit. In the case of employees with 2,155
the same total service credit, employees with a greater length of 2,156
service with the employing unit have the right to elect to 2,157
participate before employees with less service with the employing 2,158
unit. Employees with less than eighteen months of service with 2,159
the employing unit have the right to elect to participate only 2,160
after all other eligible employees have been given the 2,161
opportunity to elect to participate. For the purpose of 2,162
determining which employees may participate in a plan, total 2,163
service credit includes service credit purchased by the employee 2,164
under this chapter after the date on which the plan is 2,165
established. 2,166
A retirement incentive plan that limits participation may 2,168
provide that an employee who does not notify the employing unit 2,169
of his THE EMPLOYEE'S decision to participate in the plan within 2,170
a specified period of time will lose priority to participate in 2,172
the plan ahead of other employees with less seniority. The time 2,173
given to an employee to elect to participate ahead of other 2,174
employees shall not be less than thirty days after he THE 2,175
51
EMPLOYEE receives written notice that he THE EMPLOYEE may 2,177
participate in the plan.
(D) A retirement incentive plan shall provide for purchase 2,179
of the same amount of service credit for each participating 2,180
employee, except that the employer may not purchase more service 2,181
credit for any employee than the lesser of the following: 2,182
(1) Five years of service credit; 2,184
(2) An amount of service credit equal to one-fifth of the 2,186
total service credited to the participant under sections 145.01 2,187
to 145.58 of the Revised Code THIS CHAPTER, exclusive of service 2,188
credit purchased under this section. 2,190
For each year of service credit purchased under this 2,192
section, the employing unit shall pay an amount equal to the 2,193
additional liability resulting from the purchase of that year of 2,194
service credit, as determined by an actuary employed by the 2,195
public employees retirement board. 2,196
(E) Upon the election by an eligible employee to 2,198
participate in the retirement incentive plan, the employee and 2,199
the employing unit shall agree upon a date for payment or 2,200
contracting for payment in installments to the public employees 2,201
retirement system of the cost of the service credit to be 2,202
purchased. The employing unit shall submit to the public 2,203
employees retirement system a written request for a determination 2,204
of the cost of the service credit, and within forty-five days 2,205
after receiving the request, the board shall give the employing 2,206
unit written notice of the cost. 2,207
The employing unit shall pay or contract to pay in 2,209
installments the cost of the service credit to be purchased to 2,210
the public employees retirement system on the date agreed to by 2,211
the employee and the employing unit. The payment shall be made 2,212
in accordance with rules adopted by the public employees 2,213
retirement board. The rules may provide for payment in 2,214
installments and for crediting the purchased credit to the 2,215
employee's account upon the employer's contracting to pay the 2,216
52
cost in installments. The board shall notify the member when he 2,217
THE MEMBER is credited with service purchased under this section. 2,219
If the employee does not retire within ninety days after 2,220
receiving notice that he THE EMPLOYEE has been credited with the 2,221
purchased service credit, the system shall refund to the 2,223
employing unit the amount paid for the service credit. 2,224
No payment made to the public employees retirement system 2,226
under this section shall affect any payment required by section 2,227
145.48 of the Revised Code. 2,228
Sec. 145.322. (A) On and after July 1, 1968, all 2,237
allowances, pensions, or other benefits, which are payable or 2,238
become payable and for which eligibility is established prior to 2,239
July 1, 1968, pursuant to the provisions of sections 145.33, 2,240
145.34, 145.36, 145.37, 145.45, and 145.46 of the Revised Code, 2,241
shall be increased by the percentages as determined by the 2,242
effective date of the allowance, pension, or benefit, as follows: 2,243
Effective Date of Benefit 2,245
Calendar Year Percentage of Increase 2,246
1937 through 1955 24.3 2,248
1956 22.5 2,249
1957 18.4 2,250
1958 15.2 2,251
1959 14.3 2,252
1960 12.5 2,253
1961 11.3 2,254
1962 10.1 2,255
1963 8.7 2,256
1964 7.3 2,257
1965 5.6 2,258
1966 2.6 2,259
1967 2.0 2,260
January 1, 1968 through 2,261
June 30, 1968 2.0
(B)(1) All increases determined by applying the 2,264
53
percentages in the table in division (A) of this section shall be 2,265
reduced by the dollar amount of the increases granted in 1965 2,266
pursuant to divisions (D), (E), and (F) of section 145.321 of the 2,267
Revised Code, except that no allowance, pension, or benefit shall 2,268
be reduced below the amount due on June 30, 1968, and no 2,269
allowance granted under this section shall be less than a total 2,270
annual sum of thirty-six dollars. 2,271
(2) The allowances increased by division (A) of this 2,273
section shall exclude any monthly amount payable by reason of any 2,274
voluntary deposits made under section 145.201 and division (C) of 2,275
section 145.23 of the Revised Code. 2,276
(3) The increases provided by this section shall be 2,278
granted notwithstanding the final average salary limitation in 2,279
sections 145.33 and 145.36 of the Revised Code. 2,280
(4) The cost of the increases provided by this section 2,282
shall be included in the employer's contribution rate provided by 2,283
sections SECTION 145.48, 145.49, and 145.50 of the Revised Code. 2,285
Such employer's contribution rate shall not be increased until 2,286
July 1, 1969, or later to reflect the increased costs created by 2,287
this section. 2,288
Sec. 145.325. (A) Except as otherwise provided in 2,297
division (B) of this section, the board of the public employees 2,298
retirement system shall make available to each retirant or 2,299
disability benefit recipient receiving a monthly allowance or 2,300
benefit on or after January 1, 1968, who has attained the age of 2,301
sixty-five years, and who is not eligible to receive hospital 2,302
insurance benefits under the federal old age, survivors, and 2,303
disability insurance program, hospital insurance coverage 2,304
substantially equivalent to the federal hospital insurance 2,305
benefits, Social Security Amendments of 1965, 79 Stat. 291, 42 2,306
U.S.C.A. 1395c, as amended. This coverage shall also be made 2,307
available to the spouse, widow, or widower of such retirant or 2,308
disability benefit recipient provided such spouse, widow, or 2,309
widower has attained age sixty-five and is not eligible to 2,310
54
receive hospital insurance benefits under the federal old age, 2,311
survivors, and disability insurance program. The widow or 2,312
widower of a retirant or disability benefit recipient shall be 2,313
eligible for such coverage only if he or she is the recipient of 2,314
a monthly allowance or benefit from this system. One-half of the 2,315
cost of the premium for the spouse shall be paid from the 2,316
appropriate funds of the public employees retirement system and 2,317
one-half by the recipient of the allowance or benefit. 2,318
The cost of such coverage, paid from the funds of the 2,320
system, shall be included in the employer's rate provided by 2,321
sections SECTION 145.48, 145.49, and 145.50 of the Revised Code. 2,323
The retirement board is authorized to make all necessary rules 2,324
pursuant to the purpose and intent of this section, and shall 2,325
contract for such coverage as provided in section 145.58 of the 2,326
Revised Code. 2,327
(B) The board need not make the hospital insurance 2,329
coverage described in division (A) of this section available to 2,330
any person for whom it is prohibited by section 145.58 of the 2,331
Revised Code from paying or reimbursing the premium cost of such 2,332
insurance. 2,333
Sec. 145.3213. (A) AS USED IN THIS SECTION, "BENEFIT" 2,335
MEANS AN ANNUAL ALLOWANCE, PENSION, OR BENEFIT PAID PURSUANT TO 2,336
SECTION 145.33, 145.34, 145.36, 145.37, 145.45, OR 145.46 OF THE 2,337
REVISED CODE, AND INCLUDES ANY AMOUNTS PAID PURSUANT TO SECTIONS 2,339
145.323 AND 145.332 OF THE REVISED CODE. "BENEFIT" DOES NOT 2,340
INCLUDE ANY AMOUNTS PAYABLE BY REASON OF DEPOSITS TO THE 2,341
EMPLOYEES' SAVINGS FUND PURSUANT TO SECTION 145.23 OF THE REVISED 2,342
CODE. 2,343
(B) THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL INCREASE 2,345
THE BENEFIT PAYABLE TO EACH INDIVIDUAL ELIGIBLE TO RECEIVE A 2,346
BENEFIT THAT BECAME EFFECTIVE ON OR BEFORE DECEMBER 31, 1979. 2,347
THE INCREASE SHALL BE EFFECTIVE ON THE FIRST DAY OF THE MONTH 2,348
FOLLOWING THE EFFECTIVE DATE OF THIS SECTION AND BE AN AMOUNT 2,349
DETERMINED BY MULTIPLYING THE BENEFIT FOR WHICH THE INDIVIDUAL 2,351
55
WAS ELIGIBLE ON THE LAST DAY OF THE MONTH IN WHICH THIS SECTION 2,352
TAKES EFFECT BY THE FOLLOWING PERCENTAGES AS DETERMINED BY THE 2,354
CALENDAR YEAR IN WHICH THE BENEFIT BECAME EFFECTIVE: 2,355
CALENDAR YEAR EFFECTIVE PERCENTAGE OF INCREASE 2,358
1955 AND EARLIER 25.0 2,360
1956 28.3 2,362
1957 38.4 2,364
1958 23.2 2,366
1959 27.1 2,368
1960 28.2 2,370
1961 24.6 2,372
1962 27.9 2,374
1963 26.6 2,376
1964 30.1 2,378
1965 23.5 2,380
1966 25.5 2,382
1967 28.7 2,384
1968 21.9 2,386
1969 23.9 2,388
1970 21.5 2,390
1971 22.2 2,392
1972 22.4 2,394
1973 21.3 2,396
1974 21.1 2,398
1975 20.7 2,400
1976 20.6 2,402
1977 20.5 2,404
1978 13.5 2,406
1979 4.0 2,408
(C) AN INCREASE MADE PURSUANT TO THIS SECTION SHALL BE 2,411
INCLUDED IN THE CALCULATION OF ADDITIONAL BENEFITS UNDER SECTION 2,412
145.323 OF THE REVISED CODE. 2,413
Sec. 145.33. (A) Except as provided in division (B) of 2,422
this section, a member with at least five years of total service 2,423
56
credit who has attained age sixty, or who has thirty years of 2,425
total Ohio service credit, may apply for age and service
retirement, which shall consist of: 2,426
(1) An annuity having a reserve equal to the amount of the 2,428
member's accumulated contributions at that time; 2,429
(2) A pension equal to the annuity provided by division 2,431
(A)(1) of this section; 2,432
(3) An additional pension, if the member can qualify for 2,434
prior service, equal to forty dollars multiplied by the number of 2,435
years, and fraction thereof, of such prior and military service 2,436
credit; 2,437
(4) A basic annual pension equal to one hundred eighty 2,439
dollars if the member has ten or more years of total service 2,440
credit as of October 1, 1956, except that the basic annual 2,441
pension shall not exceed the sum of the annual benefits provided 2,442
by divisions (A)(1), (2), and (3) of this section. The cost of 2,443
the basic annual pension shall be included in the deficiency 2,444
contribution provided by sections 145.48 and 145.50 of the 2,445
Revised Code. 2,446
(5) When a member retires on age and service retirement, 2,448
the member's total annual single lifetime allowance, including 2,450
the allowances provided in divisions (A)(1), (2), (3), and (4) of 2,451
this section, shall be not less than a base amount adjusted in 2,452
accordance with division (A)(5) of this section and determined by 2,454
multiplying the member's total service credit by the greater of 2,455
the following:
(a) Eighty-six dollars; 2,457
(b) Two and one-tenth TWO-TENTHS per cent of the member's 2,459
final average salary for each of the first thirty years of 2,461
service plus two and one-half per cent of the member's final 2,462
average salary for each subsequent year of service. 2,463
The allowance shall be adjusted by the factors of attained 2,465
age or years of service to provide the greater amount as 2,466
determined by the following schedule: 2,467
57
Years of Percentage 2,469
Attained or Total Service of 2,470
Birthday Credit Base Amount 2,471
58 25 75 2,473
59 26 80 2,474
60 27 85 2,475
61 88 2,476
28 90 2,477
62 91 2,478
63 94 2,479
29 95 2,480
64 97 2,481
65 30 or more 100 2,482
Members shall vest the right to a benefit in accordance 2,485
with the following schedule, based on the member's attained age 2,486
by September 1, 1976: 2,487
Percentage 2,489
Attained of 2,490
Birthday Base Amount 2,491
66 102 2,492
67 104 2,493
68 106 2,494
69 108 2,495
70 or more 110 2,496
(6) The total annual single lifetime allowance that a 2,499
member shall receive under division (A)(5) of this section shall 2,500
not exceed the lesser of one hundred per cent of the member's 2,502
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. 2,503
415, as amended. 2,504
(B)(1) A member who has at least twenty-five years of 2,506
total service credit, including credit for military service under 2,507
division (C)(2) of this section, while serving as a law 2,509
enforcement officer and who has attained age fifty-two may apply 2,510
58
for an age and service retirement benefit, which shall consist of 2,512
an annual single lifetime allowance equal to the sum of two and 2,513
one-half per cent of the member's final average salary multiplied 2,514
by the first twenty-FIVE years of the member's total service plus 2,515
two and one-tenth per cent of the member's final average salary 2,516
multiplied by the number of years of the member's total service 2,517
credit in excess of twenty-FIVE years, except that no allowance 2,518
shall exceed the lesser of ninety per cent of the member's final 2,520
average salary or the limit established by section 415 of the 2,521
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 2,522
as amended.
(2) A member who has at least fifteen years of total 2,524
service credit, including credit for military service under 2,525
division (C)(2) of this section, while serving as a law 2,527
enforcement officer and has attained sixty-two years of age may
apply for an age and service retirement benefit, which shall 2,528
consist of an annual single lifetime allowance computed as 2,529
provided in division (B)(1) of this section. The benefit shall 2,530
not exceed the limit established by section 415 of the "Internal 2,531
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 2,532
amended. 2,533
(3) A member with at least fifteen years of total service 2,535
credit, including credit for military service under division 2,536
(C)(2) of this section, while serving as a law enforcement 2,537
officer who voluntarily resigns or is discharged for any reason 2,539
except death, dishonesty, cowardice, intemperate habits, or 2,540
conviction of a felony may apply for an age and service 2,541
retirement benefit, which shall consist of an annual single 2,542
lifetime allowance equal to one and one-half per cent of the 2,543
member's final average salary multiplied by the number of years 2,544
of the member's total service credit. The benefit shall not 2,545
exceed the limit established by section 415 of the "Internal 2,546
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as 2,547
amended. The allowance shall commence on the first day of the 2,548
59
calendar month following the month in which the application is 2,549
filed with the public employees retirement board on or after the 2,550
attainment by the applicant of age fifty-two. 2,551
(4) A member who has at least twenty-five years of total 2,553
service credit, including credit for military service under 2,554
division (C)(2) of this section, while serving as a law 2,555
enforcement officer who voluntarily resigns or is discharged for 2,556
any reason except death, dishonesty, cowardice, intemperate 2,558
habits, or conviction of a felony, on or after the date of 2,559
attaining forty-eight years of age, but before the date of 2,560
attaining fifty-two years of age, may elect to receive a reduced 2,561
benefit as determined by the following schedule: 2,562
Attained Age Reduced Benefit 2,564
48 75% of the benefit payable under 2,566
division (B)(1) of this section 2,567
49 80% of the benefit payable under 2,568
division (B)(1) of this section 2,569
50 86% of the benefit payable under 2,570
division (B)(1) of this section 2,571
51 93% of the benefit payable under 2,572
division (B)(1) of this section 2,573
A member who has at least twenty-five years of law 2,576
enforcement service credit, upon attaining forty-eight, 2,577
forty-nine, fifty, or fifty-one years of age, may elect to retire 2,578
and receive a reduced benefit determined by the above schedule. 2,579
If a member elects to receive a reduced benefit on or after 2,581
the date of attaining forty-eight years of age, but before the 2,583
date of attaining forty-nine years of age, the reduced benefit is 2,584
payable from the date the member attained forty-eight years of 2,585
age or from the date the member becomes eligible to receive the
reduced benefit, whichever is later. If a member elects to 2,586
receive a reduced benefit on or after the date of attaining 2,587
forty-nine years of age, but before the date of attaining fifty 2,589
years of age, the reduced benefit is payable from the date the 2,590
60
member attained forty-nine years of age or from the date the 2,591
member becomes eligible to receive the reduced benefit, whichever 2,592
is later. If a member elects to receive a reduced benefit on or 2,593
after the date of attaining fifty years of age, but before the 2,594
date of attaining fifty-one years of age, the reduced benefit is 2,595
payable from the date the member attained fifty years of age or 2,596
from the date the member becomes eligible to receive the reduced 2,597
benefit, whichever is later. If a member elects to receive a 2,598
reduced benefit on or after the date of attaining fifty-one years 2,599
of age, but before the date of attaining fifty-two years of age, 2,601
the reduced benefit is payable from the date the member attained 2,602
fifty-one years of age or from the date the member becomes 2,603
eligible to receive the reduced benefit, whichever is later. 2,604
Once a member elects to receive a reduced benefit 2,606
determined by the above schedule and has received a payment, the 2,607
member may not reelect to change that election. 2,608
If a member who has resigned or been discharged has left on 2,610
deposit the member's accumulated contributions in the employees' 2,611
savings fund and has not elected to receive a reduced benefit 2,612
determined by the above schedule, upon attaining fifty-two years 2,614
of age, the member shall be entitled to receive a benefit 2,615
computed and paid under division (B)(1) of this section.
(C)(1) A member with service credit as a law enforcement 2,617
officer and other service credit under this chapter may elect one 2,619
of the following: 2,620
(a) To have all the member's service credit under this 2,622
chapter, including credit for service as a law enforcement 2,624
officer, used in calculating a retirement allowance under 2,625
division (A) of this section if the member qualifies for an 2,626
allowance under that division; 2,627
(b) If the member qualifies for an allowance under 2,629
division (B) of this section, to have the member's service credit 2,630
as a law enforcement officer used in calculating a benefit under 2,631
that division and the member's credit for all service other than 2,632
61
law enforcement service under this chapter used in calculating a 2,633
benefit consisting of a single life annuity having a reserve 2,634
equal to the amount of the member's accumulated contributions and 2,635
an equal amount of the employer's contributions. 2,636
(2) Notwithstanding sections 145.01 and 145.30 of the 2,638
Revised Code, no more than four years of military service credit 2,639
granted under section 145.30 of the Revised Code and five years 2,640
of military service credit purchased under section 145.301 or 2,641
145.302 of the Revised Code shall be used in calculating service 2,642
as a law enforcement officer or the total service credit of that 2,643
person.
(3) Only credit for the member's service as a law 2,645
enforcement officer or service credit obtained as a police 2,646
officer or state highway patrol trooper shall be used in 2,647
computing the benefits under division (B) of this section for the 2,648
following:
(a) Any person who originally is commissioned and employed 2,650
as a deputy sheriff by the sheriff of any county, or who 2,651
originally is elected sheriff, on or after January 1, 1975; 2,652
(b) Any deputy sheriff who originally is employed as a 2,654
criminal bailiff or court constable on or after April 16, 1993; 2,655
(c) Any person who originally is appointed as a township 2,657
constable or police officer in a township police department or 2,658
district on or after January 1, 1981; 2,659
(d) Any person who originally is employed as a county 2,661
narcotics agent on or after September 26, 1984; 2,662
(e) Any person who originally is employed as an undercover 2,664
drug agent as defined in section 109.79 of the Revised Code, 2,665
department of public safety enforcement agent who prior to the 2,666
effective date of this amendment JUNE 30, 1999, was a liquor 2,668
control investigator, park officer, forest officer, wildlife 2,670
officer, state watercraft officer, park district police officer, 2,672
conservancy district officer, Ohio veterans' home police officer, 2,673
special police officer for a mental health institution, special 2,674
62
police officer for an institution for the mentally retarded and 2,676
developmentally disabled, or municipal police officer on or after 2,677
December 15, 1988;
(f) Any person who originally is employed as a state 2,679
university law enforcement officer on or after November 6, 1996; 2,682
(g) Any person who originally is employed as a Hamilton 2,684
county municipal court bailiff on or after November 6, 1996; 2,686
(h) Any person who is originally employed as a state 2,688
university law enforcement officer by the university of Akron on 2,689
or after September 16, 1998; 2,690
(i) Any person who originally is employed as a preserve 2,692
officer on or after March 18, 1999; 2,694
(j) Any person who originally is employed as a natural 2,696
resources law enforcement staff officer on or after March 18, 2,697
1999; 2,698
(k) Any person who is originally employed as a department 2,700
of public safety enforcement agent on or after the effective date 2,701
of this amendment JUNE 30, 1999. 2,702
(D) Retirement allowances determined under this section 2,704
shall be paid as provided in section 145.46 of the Revised Code. 2,705
(E) For the purposes of this section, service prior to the 2,707
effective date of this amendment JUNE 30, 1999, as a food stamp 2,709
trafficking agent under former section 5502.14 of the Revised 2,710
Code shall be considered service as a law enforcement officer. 2,712
Sec. 145.331. (A) A recipient of a disability allowance 2,721
under section 145.361 of the Revised Code who is subject to 2,722
division (C)(3) of that section may make application for age and 2,723
service retirement under this section. Retirement shall be 2,724
effective on the first day of the first month following the last 2,725
day for which the disability allowance is paid. 2,726
(B) The annual allowance payable under this section shall 2,728
consist of the sum of the amounts determined under divisions 2,729
(B)(1) and (2) of this section: 2,730
(1) The greater of the following: 2,732
63
(a) An allowance calculated as provided in section 145.33 2,734
or 145.34 of the Revised Code, excluding any period during which 2,735
the applicant received a disability benefit under section 145.361 2,736
of the Revised Code; 2,737
(b) An allowance calculated by multiplying the applicant's 2,739
total service credit, including service credit for the last 2,740
continuous period during which he THE APPLICANT received a 2,741
disability benefit under section 145.361 of the Revised Code, by 2,743
two and one-tenth TWO-TENTHS per cent of his THE APPLICANT'S 2,744
final average salary, except that the allowance shall not exceed 2,747
forty-five per cent of the applicant's final average salary. 2,748
(2) An amount equal to the additional allowance the 2,750
recipient would receive under section 145.323 of the Revised 2,751
Code, plus any other additional amount he THE RECIPIENT would 2,752
receive under this chapter, had he THE RECIPIENT retired under 2,754
section 145.33 or 145.34 of the Revised Code effective on the 2,756
effective date of his THE RECIPIENT'S most recent continuous 2,758
period of receipt of a disability benefit under section 145.361 2,759
of the Revised Code.
(C) The allowance calculated under division (B) of this 2,761
section, exclusive of any amount added under division (B)(2) of 2,762
this section based on section 145.323 of the Revised Code, shall 2,763
be the base for all future additional allowances under section 2,764
145.323 of the Revised Code. 2,765
The anniversary date for future additional allowances under 2,767
section 145.323 of the Revised Code shall be the effective date 2,768
of the recipient's most recent continuous period of receipt of a 2,769
disability benefit under section 145.361 of the Revised Code. 2,770
(D) The retirement allowance determined under this section 2,772
shall be paid as provided in section 145.46 of the Revised Code. 2,773
Sec. 145.332. (A) AS USED IN THIS SECTION, "BENEFIT" 2,776
MEANS AN ALLOWANCE, PENSION, OR BENEFIT RECEIVED UNDER SECTION 2,777
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 2,779
64
AMOUNTS PAYABLE BY REASON OF DEPOSITS TO THE EMPLOYEES' SAVINGS 2,780
FUND PURSUANT TO SECTION 145.23 OF THE REVISED CODE. 2,781
(B) THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL 2,783
RECALCULATE EACH BENEFIT DETERMINED PRIOR TO THE EFFECTIVE DATE 2,784
OF THIS SECTION. THE RECALCULATED BENEFIT IS PAYABLE ON THE 2,785
FIRST DAY OF THE MONTH FOLLOWING THE EFFECTIVE DATE OF THIS 2,786
SECTION. THE RECALCULATION SHALL BE MADE AS FOLLOWS: 2,787
(1) RECALCULATE, PURSUANT TO SECTION 145.33, 145.331, 2,789
145.36, 146.361, OR 145.45 OF THE REVISED CODE AS IN EFFECT ON 2,790
THE EFFECTIVE DATE OF THIS SECTION, THE BENEFIT INITIALLY 2,793
GRANTED;
(2) RECALCULATE, USING THE BENEFIT AMOUNT DETERMINED UNDER 2,795
DIVISION (B)(1) OF THIS SECTION, ANY INCREASE IN THE BENEFIT 2,797
AMOUNT THAT WAS AUTHORIZED UNDER THIS CHAPTER OF THE REVISED CODE 2,799
AND GRANTED BEFORE THE EFFECTIVE DATE OF THIS SECTION; 2,800
(3) THE SUM OF THE AMOUNTS DETERMINED UNDER DIVISIONS 2,803
(B)(1) AND (2) OF THIS SECTION IS THE RECALCULATED BENEFIT. 2,804
(C) IF THE RECALCULATED BENEFIT IS LESS THAN THE AMOUNT 2,807
PAYABLE PRIOR TO THE RECALCULATION, THE RETIREMENT SYSTEM SHALL
CONTINUE TO PAY THE GREATER BENEFIT. 2,809
(D) ANY INCREASE RESULTING FROM PAYMENT OF A RECALCULATED 2,811
BENEFIT SHALL BE INCLUDED IN THE CALCULATION OF ADDITIONAL 2,812
BENEFITS UNDER SECTIONS 145.323 AND 145.3213 OF THE REVISED CODE. 2,813
Sec. 145.34. Any member who has completed twenty-five 2,822
years of total service and has attained his THE MEMBER'S 2,823
fifty-fifth birthday, may retire on a commuted age and service 2,825
allowance. Upon retirement on a commuted age and service 2,826
allowance on or after September 30, 1963, a member shall be 2,827
granted a retirement allowance consisting of: 2,828
(A) An annuity having a reserve equal to the amount of the 2,830
member's accumulated contributions at that time; 2,831
(B) A pension equal to the annuity provided by division 2,833
(A) of this section; 2,834
(C) An additional pension, if such member can qualify for 2,836
65
prior service credit, the reserve for which, based upon regular 2,837
interest and the service tables approved by the board, shall be 2,838
the present worth of the reserve required for the payment of the 2,839
prior service pension provided by section 145.33 of the Revised 2,840
Code, after either sixty years of age or thirty years of service 2,841
credit, whichever can be attained first. The annual prior 2,842
service pension shall be determined by the amount of such 2,843
commuted reserve divided by the age and service annuity rate for 2,844
the attained age at retirement. 2,845
(D) The commuted value calculated as provided in division 2,847
(C) of this section of a basic annual pension of one hundred 2,848
eighty dollars, provided the member has ten or more years of 2,849
total service credit as of October 1, 1956. The cost of the 2,850
basic annual pension shall be included in the deficiency 2,851
contribution. 2,852
(E) When a member retires on commuted age and service 2,854
retirement, his THE MEMBER'S single lifetime allowance shall not 2,855
be less than that provided by divisions (A), (B), (C), and (D) of 2,857
this section and division (A)(5) of section 145.33 of the Revised 2,858
Code and shall not exceed the limits established by division 2,859
(A)(6) of that section. 2,860
A year of service for the purpose of commuted age and 2,862
service retirement and of applying the minimum retirement 2,863
allowance as provided in this section is defined as a complete 2,864
year of full-time employment, or the equivalent thereof. The 2,865
board is the final authority in determining the eligibility of an 2,866
employee for such form of retirement and for such minimum 2,867
allowance. 2,868
In determining eligibility only for retirement under this 2,870
section the board shall include in "total service" the years of 2,871
prior service credit granted members of the public employees 2,872
retirement system by a publicly owned utility as provided for in 2,873
section 145.48 of the Revised Code under a pension plan adopted 2,874
by the publicly owned utility. 2,875
66
(F) Retirement allowances determined under this section 2,877
shall be paid as provided in section 145.46 of the Revised Code. 2,878
Sec. 145.36. A member who has elected disability coverage 2,887
under this section, has not attained age sixty, and is determined 2,888
by the public employees retirement board under section 145.35 of 2,889
the Revised Code to qualify for a disability benefit shall be 2,890
retired on disability under this section. 2,891
Upon disability retirement, a member shall receive an 2,893
annual amount that shall consist of: 2,894
(A) An annuity having a reserve equal to the amount of the 2,896
retirant's accumulated contributions; 2,897
(B) A pension that shall be the difference between his THE 2,899
MEMBER'S annuity and an annual amount determined by multiplying 2,901
the total service credit of the retirant, and in addition thereto 2,902
the projected number of years and fractions thereof between the 2,903
effective date of his THE MEMBER'S disability retirement and 2,904
attained age sixty, assuming continuous service, by eighty-six 2,906
dollars or two and one-tenth TWO-TENTHS per cent of his THE 2,907
MEMBER'S final average salary, whichever is greater. 2,910
Where the recipient is not receiving a disability benefit 2,912
under section 145.37 of the Revised Code and is receiving a 2,913
disability benefit from either the state teachers retirement 2,914
system or the school employees retirement system, the recipient 2,915
shall not be eligible for service credit based upon the number of 2,916
years and fractions thereof between the date of disability and 2,917
attained age sixty as provided for in this division. 2,918
In no case shall disability retirement be less than thirty 2,920
per cent or more than seventy-five per cent of the member's final 2,921
average salary, except that it shall not exceed any limit to 2,922
which the retirement system is subject under section 415 of the 2,923
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, 2,924
as amended. 2,925
A year of service for the purpose of disability retirement 2,927
is a complete year of full-time employment, or the equivalent 2,928
67
thereof. The public employees retirement board is the final 2,929
authority in determining the eligibility of a member for 2,930
disability retirement. 2,931
Sec. 145.361. (A) A member with disability coverage under 2,940
this section who is determined by the public employees retirement 2,941
board under section 145.35 of the Revised Code to qualify for a 2,942
disability benefit shall receive a disability allowance under 2,943
this section. The allowance shall be an annual amount equal to 2,944
the greater of the following: 2,945
(1) Forty-five per cent of the member's final average 2,947
salary; 2,948
(2) The member's total service credit multiplied by two 2,950
and one-tenth TWO-TENTHS per cent of his THE MEMBER'S final 2,952
average salary, not exceeding sixty per cent of his THE MEMBER'S 2,954
final average salary.
(B) Sufficient reserves for payment of the disability 2,956
allowance shall be transferred to the annuity and pension reserve 2,957
fund from the employers' contribution fund. The accumulated 2,958
contributions of the member shall remain in the employees' 2,959
savings fund. No part of the allowance paid under this section 2,960
shall be charged against the member's accumulated contributions. 2,961
(C) A disability allowance paid under this section shall 2,963
terminate at the earliest of the following: 2,964
(1) The effective date of age and service retirement under 2,966
sections 145.32 and 145.33, or section 145.34 or 145.37 of the 2,967
Revised Code; 2,968
(2) The date the allowance is terminated under section 2,970
145.362 of the Revised Code; 2,971
(3) The later of the last day of the month in which the 2,973
recipient attains age sixty-five, or the last day of the month in 2,974
which the benefit period ends as follows: 2,975
Attained Age at Effective Date 2,977
of Disability Allowance Benefit Period 2,978
60 or 61 60 months 2,979
68
62 or 63 48 months 2,980
64 or 65 36 months 2,981
66, 67, or 68 24 months 2,982
69 or older 12 months 2,983
Sec. 145.38. (A) As used in this section: 2,993
(1) "PERS retirant" means a former member of the public 2,995
employees retirement system who is receiving either ONE of the 2,996
following: 2,997
(a) Age and service retirement benefits under section 2,999
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code; 3,000
(b) Age and service retirement benefits paid by the public 3,002
employees retirement system under section 145.37 of the Revised 3,003
Code; 3,004
(c) ANY BENEFIT PAID BY THE SYSTEM UNDER A PLAN 3,006
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE. 3,007
(2) "Other system retirant" means both of the following: 3,009
(a) A member or former member of the Ohio police and fire 3,012
pension fund, state teachers retirement system, school employees 3,013
retirement system, state highway patrol retirement system, or 3,014
Cincinnati retirement system who is receiving age and service or 3,015
commuted age and service retirement benefits or a disability 3,016
benefit from a system of which the person is a member or former 3,017
member;
(b) A member or former member of the public employees 3,019
retirement system who is receiving age and service retirement 3,020
benefits or a disability benefit under section 145.37 of the 3,021
Revised Code paid by the school employees retirement system or 3,022
the state teachers retirement system. 3,023
(B)(1) Subject to this section, a PERS retirant or other 3,025
system retirant may be employed by a public employer. If so 3,026
employed, the PERS retirant or other system retirant shall 3,027
contribute to the public employees retirement system in 3,028
accordance with section 145.47 of the Revised Code, and the 3,029
employer shall make contributions in accordance with section 3,030
69
145.48 of the Revised Code. 3,031
(2) A public employer that employs a PERS retirant or 3,033
other system retirant, or enters into a contract for services as 3,034
an independent contractor with a PERS retirant who was employed 3,035
by the public employer at the time of the retirant's retirement 3,037
shall notify the retirement board of the employment or contract
not later than the end of the month in which the employment or 3,038
contract commences. Any overpayment of benefits to a PERS 3,039
retirant by the retirement system resulting from delay or failure 3,040
of the employer to give the notice shall be repaid to the 3,041
retirement system by the employer. 3,042
(3) On receipt of notice from a public employer that a 3,044
person who is an other system retirant has been employed, the 3,045
retirement system shall notify the retirement system of which the 3,046
other system retirant was a member of such employment. 3,047
(4)(a) A PERS retirant who has received a retirement 3,049
allowance for less than six months when employment subject to 3,050
this section commences shall forfeit the retirement allowance for 3,051
the period that begins on the date the employment commences and 3,052
ends on the date that is six months after the date on which the 3,053
retirement allowance commenced. Service and contributions for 3,054
that period shall not be included in calculation of any benefits 3,055
payable to the PERS retirant and those contributions shall be 3,056
refunded on the retirant's death or termination of the 3,057
employment. For purposes of this division, "employment" shall 3,058
include service for which the retirant or the retirant's 3,059
employer, or both, have waived any earnable salary for such 3,060
service.
(b) An other system retirant who has received a retirement 3,062
allowance or disability benefit for less than two months when 3,064
employment subject to this section commences shall forfeit the 3,065
retirement allowance or disability benefit for the period that 3,066
begins on the date the employment commences and ends on the date 3,067
that is two months after the date on which the retirement 3,068
70
allowance or disability benefit commenced. Service and 3,069
contributions for that period shall not be included in the
calculation of any benefits payable to the other system retirant 3,070
and those contributions shall be refunded on the retirant's death 3,072
or termination of the employment.
(5) On receipt of notice from the Ohio police and fire 3,075
pension fund, school employees retirement system, or state 3,077
teachers retirement system of the re-employment of a PERS 3,078
retirant, the public employees retirement system shall not pay,
or if paid, shall recover, the amount to be forfeited by the PERS 3,079
retirant in accordance with section 742.26, 3307.35, or 3309.341 3,081
of the Revised Code. 3,082
(6) A PERS retirant who enters into a contract to provide 3,084
services as an independent contractor to the employer by which 3,085
the retirant was employed at the time of retirement or, less than 3,087
two months after the retirement allowance commences, begins
providing services as an independent contractor pursuant to a 3,088
contract with another public employer, shall forfeit the pension 3,089
portion of the retirement benefit for the period beginning the 3,090
first day of the month following the month in which the services 3,091
begin and ending on the first day of the month following the 3,092
month in which the services end. The annuity portion of the 3,093
retirement allowance shall be suspended on the day services under 3,094
the contract begin and shall accumulate to the credit of the 3,095
retirant to be paid in a single payment after services provided 3,096
under the contract terminate. A PERS retirant subject to 3,097
division (B)(6) of this section shall not contribute to the 3,098
retirement system and shall not become a member of the system. 3,099
(C)(1) Except as provided in division (C)(4) of this 3,101
section, a PERS retirant employed pursuant to this section shall 3,103
elect one of the following:
(a) To receive both compensation for the employment and a 3,106
retirement allowance;
(b) To receive compensation for the employment and forfeit 3,109
71
the pension portion of the retirement allowance.
(2) A PERS retirant who is described in division (C)(4) of 3,112
this section or elects to forfeit the pension portion of the 3,113
retirement allowance under division (C)(1)(b) of this section 3,114
shall become a new member of the public employees retirement 3,115
system with all the rights, privileges, and obligations of 3,116
membership, except that the new membership does not include 3,117
survivor benefits provided pursuant to section 145.45 of the 3,118
Revised Code. The pension portion of the PERS retirant's
retirement allowance shall cease on the first day of the first 3,119
month following commencement of the employment and shall 3,120
thereafter be forfeited until the first day of the first month 3,121
following termination of the employment. The annuity portion of 3,122
the retirement allowance shall be suspended on the first day of 3,123
the first month following commencement of the employment and 3,124
shall thereafter accumulate to the credit of the PERS retirant to 3,125
be paid in a single payment after termination of the employment. 3,126
The retirement allowance shall resume on the first day of the 3,127
first month following termination of the employment. On 3,128
termination of the employment, the PERS retirant shall elect to 3,129
receive either a refund of the retirant's contributions to the 3,131
retirement system during the period of employment subject to this 3,132
section or a supplemental retirement allowance based on the 3,133
retirant's contributions and service credit for that period of 3,134
employment.
(3) Except as provided in division (B)(4) of this section, 3,136
there shall be no suspension or forfeiture of any portion of the 3,137
retirement allowance payable to other system retirants or to PERS 3,138
retirants who make an election under division (C)(1)(a) of this 3,139
section. 3,140
(4) A PERS retirant shall elect division (C)(1)(b) of this 3,143
section if both of the following apply:
(a) The retirant held elective office in this state, or in 3,145
any municipal corporation, county, or other subdivision of this 3,146
72
state at the time of retirement under Chapter 145. of the Revised 3,147
Code;
(b) The retirant was elected or appointed to the same 3,149
office for the remainder of the term or the term immediately 3,150
following the term during which the retirement occurred. 3,151
(D)(1) On termination of employment under this section, 3,153
the PERS retirant who makes an election under division (C)(1)(a) 3,154
of this section or other system retirant may file an application 3,155
with the public employees retirement system for a benefit under 3,156
this division, which shall consist of a single life annuity 3,157
having a reserve equal to the amount of the retirant's 3,158
accumulated contributions for the period of employment and an 3,159
equal amount of the employer's contributions. The PERS retirant 3,160
or other system retirant shall elect either to receive the 3,161
benefit as a monthly annuity for life or a lump-sum payment 3,162
discounted to the present value using the current actuarial 3,163
assumption rate of interest, except that if the monthly annuity 3,164
would be less than twenty-five dollars per month, the retirant 3,165
shall receive a lump-sum payment. 3,166
(2) A benefit payable under this division shall commence 3,168
on the latest of the following: 3,169
(a) The last day for which compensation for employment 3,171
subject to this section was paid; 3,172
(b) Attainment by the PERS retirant or other system 3,174
retirant of age sixty-five; 3,175
(c) If the PERS retirant or other system retirant was 3,177
previously employed under this section and is receiving or 3,178
previously received a benefit under this division, completion of 3,179
a period of twelve months since the effective date of the last 3,180
benefit under this division. 3,181
(3)(a) If a PERS retirant or other system retirant dies 3,183
while employed in employment subject to this section, a lump-sum 3,184
payment calculated in accordance with division (D)(1) of this 3,185
section shall be paid to the retirant's beneficiary under 3,186
73
division (G) of this section. 3,187
(b) If at the time of death a PERS retirant or other 3,189
system retirant receiving a monthly annuity has received less 3,190
than the retirant would have received as a lump-sum payment, the 3,192
difference between the amount received and the amount that would 3,193
have been received as a lump-sum payment shall be paid to the 3,194
retirant's beneficiary under division (G) of this section. 3,195
(4)(a) A PERS retirant or other system retirant subject to 3,197
this division is not a member of the public employees retirement 3,198
system, does not have any of the rights, privileges, or 3,199
obligations of membership, except as specified in this section, 3,200
and, except as specified in division (D)(4)(b) of this section, 3,201
is not eligible to receive health, medical, hospital, or surgical 3,202
benefits under section 145.58 of the Revised Code for employment 3,203
subject to this section. No amount received under this division 3,204
shall be included in determining an additional benefit under 3,205
section 145.323 of the Revised Code or any other post-retirement 3,206
benefit increase. 3,207
(b) A PERS retirant who makes an election under division 3,209
(C)(1)(a) of this section shall receive primary health, medical, 3,210
hospital, or surgical insurance coverage from the retirant's 3,211
employer, if the employer provides coverage to other employees 3,212
performing comparable work. Neither the employer nor the PERS 3,213
retirant may waive the employer's coverage, except that the PERS 3,214
retirant may waive the employer's coverage if the retirant has 3,215
coverage comparable to that provided by the employer from a 3,216
source other than the employer or the public employees retirement 3,217
system. If a claim is made, the employer's coverage shall be the 3,218
primary coverage and shall pay first. The benefits provided 3,219
under section 145.58 of the Revised Code shall pay only those 3,220
medical expenses not paid through the employer's coverage or 3,221
coverage the PERS retirant receives through a source other than 3,222
the retirement system. 3,223
(E) If the disability benefit of an other system retirant 3,225
74
employed under this section is terminated, the retirant shall 3,226
become a member of the public employees retirement system, 3,227
effective on the first day of the month next following the 3,228
termination with all the rights, privileges, and obligations of 3,229
membership. If such person, after the termination of the 3,230
disability benefit, earns two years of service credit under this 3,231
system or under the Ohio police and fire pension fund, state 3,233
teachers retirement system, school employees retirement system, 3,234
or state highway patrol retirement system, the person's prior 3,235
contributions as an other system retirant under this section 3,236
shall be included in the person's total service credit as a 3,237
public employees retirement system member, and the person shall 3,238
forfeit all rights and benefits of this section. Not more than 3,239
one year of credit may be given for any period of twelve months. 3,240
(F) A PERS retirant who performs services for a public 3,242
employer as an independent contractor pursuant to a contract with 3,243
the employer shall not make contributions to the public employees 3,244
retirement system or become a member of the system. Except as 3,245
provided in division (B)(6) of this section, there shall be no 3,246
suspension or forfeiture of the retirant's retirement allowance. 3,247
(G) A PERS retirant or other system retirant employed 3,249
under this section may designate one or more persons as 3,250
beneficiary to receive any benefits payable under this section 3,251
due to death. The designation shall be in writing duly executed 3,253
on a form provided by the public employees retirement board, 3,254
signed by the PERS retirant or other system retirant, and filed 3,255
with the board prior to death. The last designation of a 3,256
beneficiary revokes all previous designations. The PERS
retirant's or other system retirant's marriage, divorce, marriage 3,257
dissolution, legal separation, withdrawal of account, birth of a 3,259
child, or adoption of a child revokes all previous designations. 3,260
If there is no designated beneficiary, the beneficiary is the 3,261
beneficiary determined under division (D) of section 145.43 of 3,262
the Revised Code. If any benefit payable under this section due 3,263
75
to the death of a PERS retirant or other system retirant is not 3,264
claimed by a beneficiary within five years after the death, the 3,265
amount payable shall be transferred to the income fund and 3,266
thereafter paid to the beneficiary or the estate of the PERS 3,267
retirant or other system retirant on application to the board.
(H) This section does not affect the receipt of benefits 3,269
by or eligibility for benefits of any person who on August 20, 3,270
1976, was receiving a disability benefit or service retirement 3,271
pension or allowance from a state or municipal retirement system 3,272
in Ohio and was a member of any other state or municipal 3,273
retirement system of this state. 3,274
(I) The public employees retirement board may adopt rules 3,276
to carry out this section. 3,277
Sec. 145.391. The public employees retirement board may 3,286
establish and maintain a qualified governmental excess benefit 3,287
arrangement that meets the requirements of division (m) of 3,288
section 415 of the "Internal Revenue Code of 1986," 100 Stat. 3,290
2085, 26 U.S.C.A. 415, as amended, and any regulations adopted 3,292
thereunder. If established, the arrangement shall be a separate 3,293
portion of the public employees retirement system and be 3,294
maintained solely for the purpose of providing to retired members 3,295
that part of a benefit otherwise payable under sections 145.01 to 3,296
145.59 of the Revised Code THIS CHAPTER that exceeds the limits 3,297
established by section 415 of the "Internal Revenue Code of 3,298
1986," as amended. 3,299
Members participating in an arrangement established under 3,301
this section shall not be permitted to elect to defer 3,302
compensation to the arrangement. Contributions to and benefits 3,303
paid under an arrangement shall not be payable from a trust that 3,304
is part of the system unless the trust is maintained solely for 3,305
the purpose of providing such benefits. 3,306
The board shall adopt rules to administer an arrangement 3,308
established under this section. 3,309
Sec. 145.41. Membership shall cease upon refund of 3,318
76
accumulated contributions, death, or retirement except as 3,319
provided in section 145.362 of the Revised Code. A member who 3,320
separates from service for any reason other than death or 3,321
retirement or who otherwise ceases to be a public employee for 3,322
any reason other than death or retirement may leave his THE 3,323
MEMBER'S accumulated contributions on deposit with the public 3,325
employees retirement board and, for the purposes of the public 3,326
employees retirement system, be considered on a membership leave 3,327
of absence. His THE MEMBER'S membership rights shall continue 3,328
until he THE MEMBER has withdrawn his THE MEMBER'S accumulated 3,330
contributions, retired on a retirement allowance as provided in 3,332
section 145.33, 145.331, or 145.34 of the Revised Code, or died. 3,333
The account of such a member shall remain in the employees' 3,334
savings fund, except that the account of a member who has less 3,335
than five calendar years of contributing service credit or is a 3,336
member of the state teachers retirement system or the school 3,337
employees retirement system may be transferred to the income fund 3,338
if by the end of the fifth calendar year following the calendar 3,339
year in which the last contribution was received the member has 3,340
not died, claimed a refund of contributions, or requested the 3,341
retirement board to continue his THE MEMBER'S membership on a 3,342
leave of absence basis. In case such a member later requests a 3,344
refund, his THE MEMBER'S account shall be restored to the 3,346
employees' savings account and refunded therefrom. Members on 3,347
such leaves of absence shall retain all rights, obligations, and 3,348
privileges of membership in the public employees retirement 3,349
system. A "contributor," as defined in division (F) of section 3,350
145.01 of the Revised Code, who formerly lost his membership 3,351
through termination of membership leave of absence and who has 3,352
not withdrawn his THE CONTRIBUTOR'S account shall be reinstated 3,353
as a member with all the rights, privileges, and obligations 3,354
enumerated in sections 145.01 to 145.59 of the Revised Code OF 3,355
MEMBERSHIP IN THE SYSTEM. In no case shall a member on leave of 3,357
absence as provided in this section add to his THE MEMBER'S total 3,358
77
number of years of service credit by reason of such leave of 3,360
absence, unless such member was receiving benefits from the state 3,361
insurance fund and by reason of such benefits qualified for 3,362
additional service credit as provided in division (H) of section 3,363
145.01 of the Revised Code, or was eligible to and does make a 3,364
payment as provided in section 145.291 of the Revised Code. 3,365
Sec. 145.42. Members of the public employees retirement 3,375
system on leave of absence as provided in section 145.41 of the 3,376
Revised Code or who are employees of the United States employment 3,377
service at the time of the return of these functions to the 3,378
state, or who reach retirement age prior to such time, or who 3,379
return to the state service prior to the return of the employment 3,380
service, may be permitted to pay into the retirement fund the 3,381
amount they would have paid during such a period of employment 3,382
with the United States employment service at the member 3,383
contribution rate in effect at the time of payment, plus interest 3,384
on such payment compounded annually at a rate to be determined by 3,385
the board. The member may choose to purchase only part of such 3,386
credit in any one payment, subject to board rules. When a member 3,387
has made the payment provided in this section he THE MEMBER shall 3,389
receive credit for the service covered by such payments. Those 3,390
who withdrew their accumulated contributions from the system at 3,391
the time of their separation from the state service, may make a 3,392
redeposit as provided in section 145.31 of the Revised Code, and 3,393
thereafter be entitled to all THE benefits of sections 145.01 to 3,394
145.58 of the Revised Code THIS CHAPTER. 3,395
Sec. 145.45. Except as provided in division (C)(1) of this 3,405
section, in lieu of accepting the payment of the accumulated 3,406
account of a member who dies before service retirement, a 3,407
beneficiary, as determined in this section or section 145.43 of 3,408
the Revised Code, may elect to forfeit the accumulated 3,409
contributions and to substitute certain other benefits under 3,410
division (A) or (B) of this section.
(A) If a deceased member was eligible for a service 3,412
78
retirement benefit as provided in section 145.33, 145.331, or 3,413
145.34 of the Revised Code, a surviving spouse or other sole 3,414
dependent beneficiary may elect to receive a monthly benefit 3,416
computed as the joint-survivor benefit designated as "plan D" in 3,417
section 145.46 of the Revised Code, which the member would have 3,418
received had the member retired on the last day of the month of 3,419
death and had the member at that time selected such 3,421
joint-survivor plan. Payment shall begin with the month 3,423
subsequent to the member's death, except that a surviving spouse 3,424
who is less than sixty-five years old may defer receipt of such 3,425
benefit. Upon receipt, the benefit shall be calculated based 3,426
upon the spouse's age at the time of first payment, and shall 3,427
accrue regular interest during the time of deferral. 3,428
(B) If a deceased member had at least one and one-half 3,430
years of contributing service credit, with at least one-quarter 3,431
year of contributing service credit within the two and one-half 3,432
years prior to the date of death, or was receiving at the time of 3,433
death a disability benefit as provided in section 145.36, 3,434
145.361, or 145.37 of the Revised Code, certain qualified 3,435
survivors may WHO elect to receive monthly benefits as SHALL 3,437
RECEIVE THE GREATER OF THE BENEFITS provided in divisions 3,438
DIVISION (B)(1)(a) OR (b) and (5) of this section AS ALLOCATED IN 3,439
ACCORDANCE WITH DIVISION (B)(6) OF THIS SECTION. 3,440
(1)(a) 3,442
Number
of Qualified Or 3,443
survivors Annual Benefit as a Per Monthly Benefit 3,444
affecting Cent of Decedent's Final shall not be 3,445
the benefit Average Salary less than 3,446
1 25% $ 96 250 3,447
2 40 186 400 3,448
3 50 236 500 3,449
4 55 236 500 3,450
5 or more 60 236 500 3,451
79
(b) YEARS OF ANNUAL BENEFIT AS A PER CENT 3,455
SERVICE OF MEMBER'S FINAL AVERAGE 3,457
SALARY 3,458
20 29% 3,460
21 33 3,461
22 37 3,462
23 41 3,463
24 45 3,464
25 48 3,465
26 51 3,466
27 54 3,467
28 57 3,468
29 OR MORE 60 3,469
(2) THE FINAL AVERAGE SALARY USED IN THE CALCULATION OF A 3,472
BENEFIT PAYABLE PURSUANT TO THIS DIVISION TO A QUALIFIED SURVIVOR 3,473
OF A DISABILITY BENEFIT RECIPIENT SHALL BE ADJUSTED FOR EACH YEAR 3,474
BETWEEN THE DISABILITY BENEFIT'S EFFECTIVE DATE AND THE 3,475
RECIPIENT'S DATE OF DEATH BY THE LESSER OF THREE PER CENT OR THE 3,476
ACTUAL AVERAGE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX
PREPARED BY THE UNITED STATES BUREAU OF LABOR STATISTICS (U.S. 3,478
CITY AVERAGE FOR URBAN WAGE EARNERS AND CLERICAL WORKERS: "ALL 3,480
ITEMS 1982-84=100").
(3) Benefits shall begin as qualified survivors meet 3,482
eligibility requirements as follows: 3,483
(a) A qualified spouse is the surviving spouse of the 3,485
deceased member, who is age sixty-two, or REGARDLESS OF age fifty 3,488
if the deceased member had ten or more years of Ohio service 3,490
credit, or regardless of age if caring for a qualified child, or 3,491
regardless of age if adjudged physically or mentally incompetent. 3,493
A spouse of a member who died prior to August 27, 1970, whose 3,494
eligibility was determined at the member's death, and who is 3,495
physically or mentally incompetent on or after August 20, 1976, 3,496
shall be paid the monthly benefit which that person would
otherwise receive when qualified by age. 3,497
80
(b) A qualified child is any unmarried child of the 3,501
deceased member under WHO HAS NEVER BEEN MARRIED AND TO WHOM ONE 3,502
OF THE FOLLOWING APPLIES: 3,503
(i) IS UNDER age eighteen, or under age twenty-two if the 3,506
child is attending an institution of learning or training
pursuant to a program designed to complete in each school year 3,507
the equivalent of at least two-thirds of the full-time curriculum 3,508
requirements of such institution and as further determined by 3,509
board policy, or regardless; 3,510
(ii) REGARDLESS of age if, IS adjudged physically or 3,513
mentally incompetent at the time of the member's death. 3,514
(c) A qualified parent is a dependent parent aged 3,516
sixty-five or older or regardless of age if physically or 3,518
mentally incompetent, a dependent parent whose eligibility was 3,519
determined by the member's death prior to August 20, 1976, and 3,520
who is physically or mentally incompetent on or after August 20, 3,521
1976, shall be paid the monthly benefit for which that person 3,522
would otherwise qualify.
(3)(4) "Physically or mentally incompetent" as used in 3,524
this section may be determined by a court of jurisdiction, or by 3,525
a physician appointed by the retirement board. Incapability of 3,526
making a living because of a physically or mentally disabling 3,527
condition shall meet the qualifications of this division. 3,528
(4)(5) Benefits to a qualified survivor shall terminate 3,530
upon ceasing to meet eligibility requirements as provided in this 3,532
division, a first marriage, abandonment, adoption, or during 3,534
active military service. Benefits to a deceased member's 3,535
surviving spouse that were terminated under a former version of 3,536
this section that required termination due to remarriage and were 3,537
not resumed prior to September 16, 1998, shall resume on the 3,539
first day of the month immediately following receipt by the board 3,540
of an application on a form provided by the board. 3,541
Upon the death of any subsequent spouse who was a member of 3,544
the public employees retirement system, state teachers retirement 3,545
81
system, or school employees retirement system, the surviving 3,546
spouse of such member may elect to continue receiving benefits 3,547
under this division, or to receive survivor's benefits, based 3,548
upon the subsequent spouse's membership in one or more of the 3,549
systems, for which such surviving spouse is eligible under this 3,550
section or section 3307.66 or 3309.45 of the Revised Code. If 3,551
the surviving spouse elects to continue receiving benefits under 3,553
this division, such election shall not preclude the payment of 3,554
benefits under this division to any other qualified survivor. 3,555
Benefits shall begin or resume on the first day of the 3,557
month following the attainment of eligibility and shall terminate 3,558
on the first day of the month following loss of eligibility. 3,559
(5) Benefits (6)(a) IF A BENEFIT IS PAYABLE UNDER 3,561
DIVISION (B)(1)(a) OF THIS SECTION, BENEFITS to a qualified 3,563
spouse shall be paid in the amount determined for the first 3,564
qualifying survivor in division (B)(1)(a) of this section, but 3,566
shall not be less than one hundred six dollars per month if the 3,567
deceased member had ten or more years of Ohio service credit. 3,568
All other qualifying survivors shall share equally in the benefit 3,569
or remaining portion thereof. 3,570
(b) ALL QUALIFYING SURVIVORS SHALL SHARE EQUALLY IN A 3,572
BENEFIT PAYABLE UNDER DIVISION (B)(1)(b) OF THIS SECTION, EXCEPT 3,574
THAT IF THERE IS A SURVIVING SPOUSE, THE SURVIVING SPOUSE SHALL 3,575
RECEIVE NOT LESS THAN THE AMOUNT DETERMINED FOR THE FIRST 3,577
QUALIFYING SURVIVOR IN DIVISION (B)(1)(a) OF THIS SECTION. 3,578
(6)(7) The beneficiary of a member who is also a member of 3,580
the state teachers retirement system or of the school employees 3,581
retirement system, must forfeit the member's accumulated 3,582
contributions in those systems and in the public employees 3,583
retirement system, if the beneficiary takes a survivor benefit. 3,586
Such benefit shall be exclusively governed by section 145.37 of
the Revised Code. 3,587
(C)(1) Regardless of whether the member is survived by a 3,591
spouse or designated beneficiary, if the public employees
82
retirement system receives notice that a deceased member 3,592
described in division (A) or (B) of this section has one or more 3,593
qualified children, all persons who are qualified survivors under 3,595
division (B) of this section shall receive monthly benefits as 3,597
provided in division (B) of this section. 3,598
If, after determining the monthly benefits to be paid under 3,600
division (B) of this section, the system receives notice that 3,601
there is a qualified survivor who was not considered when the 3,602
determination was made, the system shall, notwithstanding section 3,603
145.561 of the Revised Code, recalculate the monthly benefits 3,605
with that qualified survivor included, even if the benefits to 3,606
qualified survivors already receiving benefits are reduced as a 3,607
result. The benefits shall be calculated as if the qualified 3,608
survivor who is the subject of the notice became eligible on the
date the notice was received and shall be paid to qualified 3,609
survivors effective on the first day of the first month following 3,610
the system's receipt of the notice. 3,611
If the retirement system did not receive notice that a 3,613
deceased member has one or more qualified children prior to 3,615
making payment under section 145.43 of the Revised Code to a 3,618
beneficiary as determined by the retirement system, the payment 3,619
is a full discharge and release of the system from any future 3,620
claims under this section or section 145.43 of the Revised Code. 3,621
(2) If benefits under division (C)(1) of this section to 3,624
all persons, or to all persons other than a surviving spouse or 3,626
other sole beneficiary, terminate, there are no children under
the age of twenty-two years, and the surviving spouse or 3,627
beneficiary qualifies for benefits under division (A) of this 3,629
section, the surviving spouse or beneficiary may elect to receive 3,630
benefits under division (A) of this section. The benefits shall 3,631
be effective on the first day of the month immediately following 3,632
the termination.
(D) If the survivor benefits due and paid under this 3,634
section are in a total amount less than the member's accumulated 3,635
83
account that was transferred from the public employees' savings 3,636
fund to the survivors' benefit fund, then the difference between 3,637
the total amount of the benefits paid shall be paid to the 3,638
beneficiary under section 145.43 of the Revised Code. 3,639
Sec. 145.451. (A) Upon the death of a retirant or 3,648
disability benefit recipient, who at the time of death is 3,649
receiving an age and service retirement benefit or a disability 3,650
benefit from this system, a death benefit shall be paid, 3,651
following the completion of an application on a form approved by 3,652
the public employees retirement board, to one of the following in 3,653
the order given: 3,654
(1) The person he THE RETIRANT OR DISABILITY BENEFIT 3,656
RECIPIENT has designated in writing duly executed on a form 3,658
provided by the board, signed by him THE RETIRANT OR DISABILITY 3,659
BENEFIT RECIPIENT, and filed with the board. If more than one 3,660
such designation has been made, the person last designated shall 3,661
be considered the person designated.
(2) His THE RETIRANT'S OR DISABILITY BENEFIT RECIPIENT'S 3,663
surviving spouse; 3,664
(3) His THE RETIRANT'S OR DISABILITY BENEFIT RECIPIENT'S 3,666
children, share and share alike; 3,667
(4) His THE RETIRANT'S OR DISABILITY BENEFIT RECIPIENT'S 3,669
parents, share and share alike; 3,670
(5) The person responsible for burial expenses; 3,672
(6) The retirant's or disability benefit recipient's 3,674
estate. 3,675
(B) The amount of the death benefit shall be as follows: 3,677
(1) If the retirant or disability benefit recipient had at 3,679
least five years' but less than ten years' total service credit, 3,680
five hundred dollars; 3,681
(2) If the retirant or disability benefit recipient had at 3,683
least ten years' but less than fifteen years' total service 3,684
credit, one thousand dollars; 3,685
(3) If the retirant or disability benefit recipient had at 3,687
84
least fifteen years' but less than twenty years' total service 3,688
credit, one thousand five hundred dollars; 3,689
(4) If the retirant or disability benefit recipient had at 3,691
least twenty years' but less than twenty-five years' total 3,692
service credit, two thousand dollars; 3,693
(5) If the retirant or disability benefit recipient had 3,695
twenty-five or more years' total service credit, two thousand 3,696
five hundred dollars. 3,697
(C) A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS 3,699
LIFE INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED 3,700
SOLELY FROM CONTRIBUTIONS MADE UNDER SECTION 145.48 OF THE 3,701
REVISED CODE AND ANY EARNINGS ATTRIBUTABLE TO THOSE 3,702
CONTRIBUTIONS.
Sec. 145.452. Upon the death of a member prior to receipt 3,711
of a disability benefit or service retirement, the surviving 3,712
spouse or dependents of the deceased member shall have the right 3,713
to purchase any service credit the member, had he THE MEMBER not 3,714
died, would have been eligible to purchase under sections 145.01 3,716
to 145.59 of the Revised Code THIS CHAPTER upon the same terms 3,717
and conditions that the deceased member could have purchased such 3,718
service credit had he THE MEMBER not died. Any service credit 3,720
purchased under this section shall be applied under the
provisions of sections 145.01 to 145.59 of the Revised Code THIS 3,721
CHAPTER in the same manner as it would have been applied had it 3,723
been purchased by the deceased member during his THE DECEASED 3,724
MEMBER'S lifetime.
Sec. 145.46. (A) A retirement allowance calculated under 3,733
section 145.33, 145.331, or 145.34 of the Revised Code shall be 3,734
paid as provided in this section. If the member is eligible to 3,735
elect a plan of payment under this section, the election shall be 3,736
made on a form provided by the public employees retirement board. 3,737
A plan of payment elected under this section shall be effective 3,738
only if approved by the board, which shall approve it only if it 3,739
is certified by an actuary engaged by the board to be the 3,740
85
actuarial equivalent of the retirement allowance calculated under 3,741
section 145.33, 145.331, or 145.34 of the Revised Code. 3,742
(B)(1) Unless the member is eligible to elect another plan 3,744
of payment, a member who retires under section 145.32, 145.331, 3,745
or 145.34 of the Revised Code shall receive a retirement 3,746
allowance under "plan A," which shall consist of the actuarial 3,747
equivalent of the member's retirement allowance determined under 3,749
section 145.33, 145.331, or 145.34 of the Revised Code in a 3,750
lesser amount payable for life and one-half of such allowance 3,751
continuing after death to the member's surviving spouse for the 3,753
life of the spouse. 3,754
A member may elect to receive the member's retirement 3,756
allowance under a plan of payment other than "plan A" if the 3,758
member is not married or either the member's spouse consents in 3,759
writing to the member's election of a plan of payment other than 3,761
"plan A" or the board waives the requirement that the spouse 3,762
consent. An application for retirement shall include an 3,763
explanation of all of the following: 3,764
(a) That, if the member is married, unless the spouse 3,767
consents to another plan of payment, the member's retirement 3,768
allowance will be paid under "plan A," which consists of the 3,769
actuarial equivalent of the member's retirement allowance in a 3,770
lesser amount payable for life and one-half of the allowance 3,771
continuing after death to the surviving spouse for the life of 3,772
the spouse; 3,773
(b) A description of the alternative plans of payment 3,776
available with the consent of the spouse;
(c) That the spouse may consent to another plan of payment 3,779
and the procedure for giving consent;
(d) That consent is irrevocable once notice of consent is 3,781
filed with the board. 3,782
Consent shall be valid only if it is signed, in writing, 3,786
and witnessed by a notary public. The board may waive the 3,789
requirement of consent if the spouse is incapacitated or cannot 3,791
86
be located or for any other reason specified by the board. 3,792
Consent or waiver is effective only with regard to the spouse who 3,794
is the subject of the consent or waiver. 3,795
(2) A member eligible to elect to receive the member's 3,797
retirement allowance under a plan of payment other than "plan A" 3,799
shall receive the member's retirement allowance under one of the 3,800
following plans elected at the time the member makes application 3,802
for retirement: 3,803
(a) "Plan B," which shall consist of an allowance 3,805
determined under section 145.33, 145.331, or 145.34 of the 3,806
Revised Code; 3,807
(b) "Plan C," which shall consist of the actuarial 3,809
equivalent of the member's retirement allowance determined under 3,810
section 145.33, 145.331, or 145.34 of the Revised Code in a 3,811
lesser amount payable for life and one-half or some other portion 3,813
of the allowance continuing after death to the member's sole 3,814
surviving beneficiary designated at the time of the member's 3,815
retirement, provided that the amount payable to the beneficiary 3,816
does not exceed the amount payable to the member; 3,817
(c) "Plan D," which shall consist of the actuarial 3,819
equivalent of the member's retirement allowance determined under 3,820
section 145.33, 145.331, or 145.34 of the Revised Code in a 3,821
lesser amount payable for life and continuing after death to a 3,824
surviving beneficiary designated at the time of the member's 3,825
retirement;
(d) "Plan E," which shall consist of the actuarial 3,827
equivalent of the member's retirement allowance determined under 3,828
section 145.33, 145.331, or 145.34 of the Revised Code in a 3,829
lesser amount payable for a certain period from the member's 3,830
retirement date as elected by the member and approved by the 3,831
retirement board, and on the member's death before the expiration 3,833
of that certain period the member's lesser retirement allowance 3,835
payable for the remainder of that period to the member's 3,837
surviving designated beneficiary nominated by written designation 3,839
87
filed with the retirement board.
Should the nominated beneficiary designated in writing die 3,841
prior to the expiration of the guarantee period, then for the 3,842
purpose of completing payment for the remainder of the guarantee 3,843
period, the present value of such payments shall be paid to the 3,844
estate of the beneficiary last receiving. 3,845
(3) A member eligible to elect to receive the member's 3,847
retirement allowance under a plan of payment other than "plan A" 3,849
because the member is unmarried who fails to make an election on 3,851
retirement shall receive the member's retirement allowance under 3,852
"plan B."
(C) If the retirement allowances, as a single life annuity 3,854
or payment plan as provided in this section, due and paid are in 3,855
a total amount less than (1) the accumulated contributions, and 3,856
(2) other deposits made by the member as provided by sections 3,857
145.01 to 145.59 of the Revised Code THIS CHAPTER, standing to 3,858
the credit of the member at the time of retirement, then the 3,860
difference between the total amount of the allowances paid and 3,861
the accumulated contributions and other deposits shall be paid to 3,862
the beneficiary provided under division (D) of section 145.43 of 3,863
the Revised Code. 3,864
(D)(1) The death of a spouse or any designated beneficiary 3,866
following retirement shall cancel any plan of payment to provide 3,867
continuing lifetime benefits to the spouse or beneficiary and 3,868
return the retirant to the retirant's single lifetime benefit 3,870
equivalent, as determined by the board, to be effective the month 3,871
following receipt by the board of notice of the death. 3,872
(2) On divorce, annulment, or marriage dissolution, a 3,874
retirant receiving a retirement allowance under a plan that 3,875
provides for continuation of all or part of the allowance after 3,876
death for the lifetime of the retirant's surviving spouse may, 3,878
with the written consent of the spouse or pursuant to an order of 3,879
the court with jurisdiction over the termination of the marriage, 3,880
elect to cancel the plan and receive the member's single lifetime 3,882
88
benefit equivalent as determined by the retirement board. The 3,883
election shall be made on a form provided by the board and shall 3,884
be effective the month following its receipt by the board. 3,885
(E) Following a marriage or remarriage, a retirant who is 3,887
receiving the retirant's retirement allowance under "plan B" may 3,889
elect a new plan of payment under division (B)(1), (2)(b), or 3,890
(2)(c) of this section based on the actuarial equivalent of the 3,891
retirant's single lifetime benefit as determined by the board. 3,893
The plan shall become effective the first day of the month 3,894
following receipt by the board of an application on a form 3,895
approved by the board.
(F) Any person who, prior to July 24, 1990, selected an 3,897
optional plan of payment at retirement that provided for a return 3,898
to the single life benefit after the designated beneficiary's 3,899
death shall have the retirant's benefit adjusted to the optional 3,901
plan equivalent without such provision. 3,902
(G) A retirant's receipt of the first month's retirement 3,904
allowance constitutes the retirant's final acceptance of the plan 3,906
of payment and may be changed only as provided in this chapter. 3,907
Sec. 145.47. Each public employee who is a contributor to 3,917
the public employees retirement system shall contribute eight per 3,918
cent of his THE CONTRIBUTOR'S earnable salary to the employees' 3,919
savings fund, except that the public employees retirement board 3,921
may raise the contribution rate to a rate not greater than ten 3,922
per cent of the employee's earnable salary. 3,923
The head of each state department, institution, board, and 3,925
commission, and the fiscal officer of each local authority 3,926
subject to this chapter, shall deduct from the earnable salary of 3,927
each contributor on every payroll of such contributor for each 3,928
payroll period subsequent to the date of coverage, an amount 3,929
equal to the applicable per cent of the contributor's earnable 3,930
salary. The head of each state department and the fiscal officer 3,931
of each local authority subject to this chapter shall transmit 3,932
promptly to the secretary of the public employees retirement 3,933
89
board SYSTEM a report of contributions at such intervals and in 3,934
such form as the board SYSTEM shall require, showing thereon all 3,936
deductions for the public employees retirement system made from 3,938
the earnable salary of each contributor employed, together with 3,939
warrants or checks covering the total of such deductions. A 3,940
penalty of five per cent of the total amount due for the 3,941
particular reporting period shall be added when such report, 3,942
together with warrants or checks to cover the total amount due 3,943
from the earnable salary of all amenable employees of such 3,944
employer are, IS filed thirty or more days after the last day of 3,945
such reporting period. Such penalty shall be added to and 3,946
collected on the next succeeding regular employer billing. 3,947
Interest at a rate set by the retirement board shall be charged 3,948
on the amount of the penalty in case such penalty is not paid 3,949
within three months after it is added to the regular employer 3,950
billing. The secretary of the board SYSTEM, after making a 3,951
record of all such receipts, shall deposit them with the 3,953
treasurer of state for use as provided by this chapter. In 3,954
addition to the periodical reports of deduction required by this 3,955
section, the fiscal officer of each local authority subject to 3,956
this chapter shall submit to the board SYSTEM at least once each 3,958
year a complete listing of all noncontributing appointive 3,959
employees. Where an employer fails to transmit contributions to 3,960
the retirement system, the retirement board SYSTEM may make a 3,962
determination of the employees' liability for contributions and 3,963
certify to the employer the amounts due for collection in the 3,964
same manner as payments due the employers' accumulation fund, 3,965
provided that any. ANY amounts so collected shall be a penalty 3,967
against the employer and held in trust pending receipt of A 3,968
REPORT OF contributions from FOR such public employees for the 3,969
period involved as provided by law and, thereafter, the amount in 3,970
trust shall be transferred to the EMPLOYEES' SAVINGS FUND TO THE 3,971
CREDIT OF THE EMPLOYEES. ANY AMOUNT REMAINING AFTER THE TRANSFER 3,972
TO THE EMPLOYEES' SAVINGS FUND SHALL BE TRANSFERRED TO THE 3,973
90
employers' accumulation fund as a credit of such employer. The 3,975
fiscal officer shall require each new contributor to submit to 3,976
the board SYSTEM a detailed report of all his THE CONTRIBUTOR'S 3,978
previous service as a public employee along with such other facts 3,980
as the board requires for the proper operation of the public 3,981
employees retirement system.
Any member who, because of his THE MEMBER'S own illness, 3,983
injury, or other reason which may be approved by his THE MEMBER'S 3,985
employer is prevented from making his THE MEMBER'S contribution 3,987
to the system for any payroll period, may pay such deductions as 3,989
a back payment within one year. 3,990
Sec. 145.48. (A) Each employer shall pay to the 3,999
employers' accumulation fund PUBLIC EMPLOYEES RETIREMENT SYSTEM 4,000
an amount that shall be a certain per cent of the earnable salary 4,002
of all contributors to be known as the "employer contribution," 4,003
except that the public employees retirement board may raise the 4,004
employer contribution to a rate not to exceed fourteen per cent 4,005
of the earnable salaries of all contributors. On 4,006
(B)(1) ON the basis of regular interest and of such 4,008
mortality and other tables as are adopted by the public employees 4,009
retirement board, the actuary for the board shall determine the 4,010
liabilities and employer rates of contribution as follows: 4,011
(A)(a) The percentage of such earnable salary that will 4,014
provide a pension reserve sufficient to match the accumulated 4,015
contributions of those members or beneficiaries who will retire 4,016
and qualify for retirement allowances or other benefits as 4,017
provided by sections 145.33, 145.331, 145.34, 145.36, 145.361, 4,018
145.38, and division (A) of 145.45 of the Revised Code; 4,019
(B) The percentage of such earnable salary required to pay 4,021
the liability for the prior service credit, disability credit 4,022
prior to the effective date of a disability benefit, and the 4,023
military service credit of members; 4,024
(C) The percentage of such earnable salary required to pay 4,026
the liability of the survivors' benefit fund in excess of the 4,027
91
accumulated contributions forfeited by beneficiaries; 4,028
(D) The percentage of such earnable salary required to pay 4,030
the additional liability in the annuity and pension reserve fund 4,031
due to the allowances or other benefits provided by sections 4,032
145.33, 145.331, 145.34, 145.36, 145.361, and 145.45 of the 4,033
Revised Code; 4,034
(E) The percentage of such earnable salary required to 4,036
fund any deficiencies in the various funds described in section 4,037
145.23 of the Revised Code; 4,038
(F) Such employer obligation shall include the normal and 4,040
deficiency contributions and employer liability resulting from 4,041
omitted member contributions required under sections 145.47 and 4,042
145.483 of the Revised Code, but not made by payroll deduction, 4,043
WHEN ADDED TO THE PER CENT OF EARNABLE SALARY CONTRIBUTED BY EACH 4,045
MEMBER, WILL COVER THE COSTS OF BENEFITS TO BE PAID TO MEMBERS
FOR EACH YEAR OF SERVICE RENDERED; 4,046
(b) THE PERCENTAGE OF EARNABLE SALARY THAT, IF PAID OVER A 4,048
PERIOD OF FUTURE YEARS, WILL DISCHARGE FULLY THE SYSTEM'S 4,049
UNFUNDED ACTUARIAL ACCRUED PENSION LIABILITY; 4,050
(c) THE PERCENTAGE OF EARNABLE SALARY DESIGNATED BY THE 4,052
BOARD TO PAY BENEFITS AUTHORIZED UNDER SECTION 145.58 OF THE 4,053
REVISED CODE. 4,054
(2) IF RECOGNIZED ASSETS EXCEED THE LIABILITIES FOR 4,056
SERVICE PREVIOUSLY RENDERED, ON APPROVAL OF THE BOARD, A 4,057
PERCENTAGE OF EARNABLE SALARY MAY BE DEDUCTED FROM THE EMPLOYER 4,058
RATES OF CONTRIBUTION THAT, IF DEDUCTED ANNUALLY OVER A PERIOD OF 4,059
FUTURE YEARS, WILL ELIMINATE THE EXCESS.
(C) Any publicly owned utility that became subject to this 4,061
chapter subsequent to July 1, 1938, shall assume before January 4,062
1, 1967, the obligation to pay those of its employees entitled to 4,063
any prior service credit a pension for such service that is in an 4,064
amount at least equal to the pension provided for other public 4,065
employees under sections 145.01 to 145.59 of the Revised Code 4,066
THIS CHAPTER. No employers' contributions for prior service 4,068
92
credit shall be required of such publicly owned utility. The 4,069
public employees retirement system has no obligation to pay a 4,070
prior service pension to any such employees of a publicly owned 4,071
utility, nor is it obligated to grant any service credit for 4,072
service with such utility prior to May 1, 1942, or prior to the 4,073
date such utility became subject to sections 145.01 to 145.59 of 4,074
the Revised Code THIS CHAPTER, whichever is the later date. 4,076
The aggregate of all employer rates and contributions 4,078
provided thereby shall be sufficient when combined with the 4,079
amounts in the various funds described in section 145.23 of the 4,080
Revised Code, to provide all allowances, annuities, pensions, and 4,081
other benefits payable from the funds. 4,082
Sec. 145.491 145.49. Notwithstanding any provision of 4,091
sections 145.01 to 145.59 of the Revised Code THIS CHAPTER, the 4,093
public employees retirement system shall be authorized to 4,095
calculate the employee and employer contribution rates separately
for those employees contributing toward benefits under division 4,096
(B) of section 145.33 of the Revised Code. 4,097
Sec. 145.55. The deductions provided for in sections 4,106
145.01 to 145.59 of the Revised Code THIS CHAPTER shall be made 4,108
notwithstanding that the minimum compensation provided for by law 4,110
for any contributor is reduced thereby. Every contributor is 4,111
deemed to consent to the deductions made and provided for in such
sections and shall receipt in full for his salary or 4,112
compensation, and payment THIS CHAPTER. PAYMENT less the 4,113
deductions shall be a complete discharge and acquittance of all 4,114
claims and demands whatsoever for the services rendered by such 4,115
person during the period covered by such payment. 4,116
Sec. 145.56. The right of a person to a pension, an 4,125
annuity, or a retirement allowance itself, any optional benefit, 4,126
any other right accrued or accruing to any person, under sections 4,127
145.01 to 145.58 of the Revised Code THIS CHAPTER, or of any 4,128
municipal retirement system established subject to such sections 4,130
THIS CHAPTER, under the laws of this state or any charter, the 4,133
93
various funds created by sections 145.01 to 145.58 of the Revised 4,134
Code THIS CHAPTER, or under such municipal retirement system, and 4,136
all moneys and investments and income thereof, are exempt from 4,137
any state tax, except the tax imposed by section 5747.02 of the 4,138
Revised Code and are exempt from any county, municipal, or other 4,140
local tax, except taxes imposed pursuant to section 5748.02 or 4,141
5748.08 of the Revised Code and, except as provided in sections 4,143
145.57, 3111.23, and 3113.21 of the Revised Code, shall not be 4,144
subject to execution, garnishment, attachment, the operation of 4,145
bankruptcy or the insolvency laws, or other process of law, and 4,146
shall be unassignable except as specifically provided in THIS 4,147
CHAPTER AND sections 145.01 to 145.58, 3111.23, and 3113.21 of 4,149
the Revised Code.
Sec. 145.563. If a member, former member, contributor, 4,158
former contributor, retirant, or beneficiary is paid any benefit 4,159
by the public employees retirement system to which he SUCH A 4,160
PERSON is not entitled, the benefit shall be repaid to the 4,162
retirement system by him THE PERSON. If he THE PERSON fails to 4,163
make the repayment, the retirement system shall withhold the 4,164
amount due from any benefit due him THE PERSON or his THE 4,166
PERSON'S beneficiary under sections 145.01 to 145.59 of the 4,168
Revised Code THIS CHAPTER, or may collect the amount in any other 4,170
manner provided by law.
Sec. 145.53 145.69. The public employees retirement board 4,179
shall prepare and certify to the director of budget and 4,181
management and to the heads of the departments, on or before the 4,182
first day of November of each even-numbered year, the employer's 4,183
rate of contribution, which, when applied to earnable salaries to
be paid from state funds for positions covered by the public 4,184
employees retirement system, will produce the amount necessary to 4,185
pay the state's obligation as employer. Any appropriations for 4,186
salaries to be paid to contributors covered by this system must 4,187
be increased by the employer's contributions rate when salary 4,188
appropriations are made.
94
Sec. 145.59 145.70. All amounts due the public employees 4,197
retirement system from the state treasury pursuant to this 4,199
chapter shall be promptly paid upon warrant of the auditor of 4,200
state pursuant to a voucher approved by the director of budget
and management. 4,201
Sec. 145.80. THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL 4,203
ADOPT RULES TO IMPLEMENT EACH PLAN ESTABLISHED UNDER SECTION 4,204
145.81 OF THE REVISED CODE. 4,205
Sec. 145.81. THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL 4,207
ESTABLISH ONE OR MORE PLANS CONSISTING OF BENEFIT OPTIONS THAT 4,208
PROVIDE FOR AN INDIVIDUAL ACCOUNT FOR EACH PARTICIPATING MEMBER 4,209
AND UNDER WHICH BENEFITS ARE BASED SOLELY ON THE AMOUNTS THAT 4,210
HAVE ACCUMULATED IN THE ACCOUNT. THE PLANS MAY INCLUDE OPTIONS 4,211
UNDER WHICH A MEMBER PARTICIPATING IN A PLAN MAY RECEIVE 4,212
DEFINITELY DETERMINABLE BENEFITS. 4,213
EACH PLAN ESTABLISHED UNDER THIS SECTION SHALL MEET THE 4,215
REQUIREMENTS OF SECTIONS 145.81 TO 145.98 OF THE REVISED CODE AND 4,217
ANY RULES ADOPTED IN ACCORDANCE WITH SECTION 145.80 OF THE 4,218
REVISED CODE. IT MAY INCLUDE LIFE INSURANCE, ANNUITIES, VARIABLE 4,219
ANNUITIES, REGULATED INVESTMENT TRUSTS, POOLED INVESTMENT FUNDS, 4,220
OR OTHER FORMS OF INVESTMENT. 4,221
THE BOARD MAY ADMINISTER THE PLANS, ENTER INTO CONTRACTS 4,223
WITH OTHER ENTITIES TO ADMINISTER THE PLANS, OR BOTH. 4,224
Sec. 145.811. EACH PLAN ESTABLISHED UNDER SECTION 145.81 4,226
OF THE REVISED CODE SHALL QUALIFY AS A GOVERNMENTAL PLAN UNDER 4,227
SECTION 414(d) OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 4,230
2085, 26 U.S.C.A. 414(d), AS AMENDED, AND MEET THE REQUIREMENTS 4,231
OF SECTION 401(a) OF THE "INTERNAL REVENUE CODE OF 1986," 26 4,236
U.S.C.A. 401(a), AS AMENDED, APPLICABLE TO GOVERNMENTAL PLANS. 4,237
Sec. 145.812. EACH PLAN ESTABLISHED UNDER SECTION 145.81 4,239
OF THE REVISED CODE SHALL MEET THE REQUIREMENTS NECESSARY TO 4,241
QUALIFY AS A RETIREMENT SYSTEM MAINTAINED BY A STATE OR LOCAL 4,242
GOVERNMENT ENTITY UNDER SECTION 3121(b)(7)(F) OF THE "INTERNAL 4,244
REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 3121(b)(7)(F), 4,248
95
AS AMENDED. EACH PARTICIPANT IN A PLAN SHALL QUALIFY AS A MEMBER 4,250
OF THAT SYSTEM.
Sec. 145.813. EACH PLAN ESTABLISHED UNDER SECTION 145.81 4,252
OF THE REVISED CODE SHALL REQUIRE THE PUBLIC EMPLOYEES RETIREMENT 4,254
BOARD, OR THE ENTITY ADMINISTERING THE PLAN PURSUANT TO A 4,255
CONTRACT WITH THE BOARD, TO CAUSE AN INDIVIDUAL ACCOUNT TO BE 4,256
MAINTAINED FOR EACH MEMBER PARTICIPATING IN THE PLAN. A PLAN MAY 4,258
INCLUDE DEPOSITS TO THE DEFINED CONTRIBUTION FUND CREATED UNDER 4,259
SECTION 145.23 OF THE REVISED CODE OR DEPOSITS UNDER DIVISION (C) 4,261
OF THAT SECTION TO THE EMPLOYEES' SAVINGS FUND. 4,262
Sec. 145.82. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 4,264
THIS SECTION, SECTIONS 145.201 TO 145.70 OF THE REVISED CODE DO 4,266
NOT APPLY TO A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE 4,268
REVISED CODE, EXCEPT THAT A PLAN MAY INCORPORATE PROVISIONS OF 4,270
THOSE SECTIONS AS SPECIFIED IN THE PLAN DOCUMENT. 4,271
(B) THE FOLLOWING SECTIONS OF CHAPTER 145. OF THE REVISED 4,274
CODE APPLY TO A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE 4,275
REVISED CODE: 145.22, 145.221, 145.23, 145.25, 145.26, 145.27, 4,276
145.296, 145.38, 145.382, 145.391, 145.47, 145.471, 145.48, 4,278
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. 4,279
Sec. 145.85. EACH MEMBER PARTICIPATING IN A PLAN 4,281
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE SHALL 4,282
CONTRIBUTE A PER CENT OF THE MEMBER'S EARNABLE SALARY TO THE 4,284
PUBLIC EMPLOYEES RETIREMENT SYSTEM AS REQUIRED IN SECTION 145.47 4,285
OF THE REVISED CODE. CONTRIBUTIONS MADE UNDER THIS SECTION SHALL 4,286
NOT EXCEED THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL 4,287
REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 415, AS 4,291
AMENDED.
Sec. 145.86. FOR EACH MEMBER PARTICIPATING IN A PLAN 4,293
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, THE 4,294
EMPLOYER SHALL CONTRIBUTE A PER CENT OF THE MEMBER'S EARNABLE 4,295
SALARY TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AS REQUIRED IN 4,296
SECTION 145.48 OF THE REVISED CODE, LESS THE PERCENTAGE REQUIRED 4,297
96
UNDER SECTION 145.87 OF THE REVISED CODE. 4,298
Sec. 145.87. FOR EACH MEMBER PARTICIPATING IN A PLAN 4,300
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE, THE PUBLIC 4,301
EMPLOYEES RETIREMENT SYSTEM SHALL TRANSFER TO THE EMPLOYERS' 4,303
ACCUMULATION FUND A PORTION OF THE EMPLOYER CONTRIBUTION REQUIRED 4,304
UNDER SECTION 145.48 OF THE REVISED CODE. THE PORTION SHALL 4,305
EQUAL THE PERCENTAGE OF EARNABLE SALARY OF MEMBERS FOR WHOM THE 4,306
CONTRIBUTIONS ARE BEING MADE THAT IS DETERMINED BY AN ACTUARY 4,307
APPOINTED BY THE PUBLIC EMPLOYEES RETIREMENT BOARD TO BE 4,308
NECESSARY TO MITIGATE ANY NEGATIVE FINANCIAL IMPACT ON THE SYSTEM 4,309
OF MEMBERS' PARTICIPATION IN A PLAN. 4,310
THE BOARD SHALL HAVE PREPARED ANNUALLY AN ACTUARIAL STUDY 4,312
TO DETERMINE WHETHER THE PERCENTAGE TRANSFERRED UNDER THIS 4,313
SECTION SHOULD BE CHANGED TO REFLECT A CHANGE IN THE LEVEL OF 4,314
NEGATIVE FINANCIAL IMPACT RESULTING FROM MEMBERS' PARTICIPATION 4,315
IN A PLAN. THE PERCENTAGE TRANSFERRED SHALL BE INCREASED OR 4,316
DECREASED TO REFLECT THE AMOUNT NEEDED TO MITIGATE THE NEGATIVE 4,317
FINANCIAL IMPACT, IF ANY, ON THE SYSTEM, AS DETERMINED BY THE 4,318
STUDY. A CHANGE SHALL TAKE EFFECT ON THE FIRST DAY OF THE YEAR 4,319
FOLLOWING THE DATE THE CONCLUSIONS OF THE STUDY ARE REPORTED TO 4,320
THE BOARD. 4,321
THE SYSTEM SHALL MAKE THE TRANSFER REQUIRED UNDER THIS 4,323
SECTION UNTIL THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR ALL 4,324
BENEFITS, EXCEPT HEALTH CARE BENEFITS PROVIDED UNDER SECTION 4,325
145.325 OR 145.58 OF THE REVISED CODE AND BENEFIT INCREASES TO 4,326
MEMBERS AND FORMER MEMBERS PARTICIPATING IN THE PLAN DESCRIBED IN 4,327
SECTIONS 145.201 TO 145.70 OF THE REVISED CODE GRANTED AFTER THE 4,328
EFFECTIVE DATE OF THIS SECTION, IS FULLY AMORTIZED, AS DETERMINED 4,329
BY THE ANNUAL ACTUARIAL VALUATION PREPARED UNDER SECTION 145.22 4,330
OF THE REVISED CODE. 4,331
Sec. 145.88. AMOUNTS CONTRIBUTED UNDER SECTIONS 145.85 AND 4,333
145.86 OF THE REVISED CODE, AND ANY EARNINGS ON THOSE AMOUNTS, 4,334
SHALL BE DEPOSITED AND CREDITED IN ACCORDANCE WITH THE PLAN 4,336
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE THAT IS 4,337
97
SELECTED BY THE MEMBER. 4,338
Sec. 145.91. THE RIGHT OF EACH MEMBER PARTICIPATING IN A 4,340
PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE TO A 4,341
RETIREMENT, DISABILITY, SURVIVOR, OR DEATH BENEFIT, TO HEALTH OR 4,342
LONG-TERM CARE INSURANCE, OR TO A WITHDRAWAL OF ANY AMOUNTS THAT 4,343
HAVE ACCUMULATED ON THE MEMBER'S BEHALF SHALL BE GOVERNED 4,344
EXCLUSIVELY BY THE PLAN SELECTED BY THE MEMBER. 4,345
Sec. 145.92. IF A MEMBER PARTICIPATING IN A PLAN 4,347
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE IS MARRIED 4,348
AT THE TIME BENEFITS UNDER THE PLAN ARE TO COMMENCE, BEFORE 4,350
MAKING ANY PAYMENT THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, OR THE 4,351
ENTITY ADMINISTERING THE PLAN PURSUANT TO A CONTRACT WITH THE 4,353
PUBLIC EMPLOYEES RETIREMENT BOARD, SHALL OBTAIN THE CONSENT OF 4,354
THE MEMBER'S SPOUSE TO THE FORM OF PAYMENT SELECTED BY THE 4,355
MEMBER.
A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE 4,358
SHALL INCLUDE REQUIREMENTS FOR CONSENT UNDER THIS SECTION THAT 4,359
ARE THE SAME AS THE REQUIREMENTS SPECIFIED IN SECTION 417(a)(2) 4,361
OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 4,365
U.S.C.A. 417(a)(2), AS AMENDED. A PLAN MAY WAIVE CONSENT IF THE 4,366
SPOUSE CANNOT BE LOCATED OR FOR ANY OTHER REASON SPECIFIED IN THE 4,367
REGULATIONS ADOPTED UNDER THAT SECTION. 4,368
CONSENT OR WAIVER IS EFFECTIVE ONLY WITH REGARD TO THE 4,370
SPOUSE WHO IS THE SUBJECT OF THE CONSENT OR WAIVER. 4,371
Sec. 145.95. SUBJECT TO SECTIONS 145.38, 145.56, AND 4,373
145.57 OF THE REVISED CODE, THE RIGHT OF A MEMBER PARTICIPATING 4,375
IN A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE TO 4,376
ANY PAYMENT OR BENEFIT ACCRUING FROM CONTRIBUTIONS MADE BY OR ON 4,378
BEHALF OF THE MEMBER UNDER SECTIONS 145.85 AND 145.86 OF THE 4,379
REVISED CODE SHALL VEST IN ACCORDANCE WITH THIS SECTION. 4,380
A MEMBER'S RIGHT TO ANY PAYMENT OR BENEFIT THAT IS BASED ON 4,382
THE MEMBER'S CONTRIBUTIONS IS NONFORFEITABLE. 4,383
A MEMBER'S RIGHT TO ANY PAYMENT OR BENEFIT THAT IS BASED ON 4,385
CONTRIBUTIONS BY THE MEMBER'S EMPLOYER IS NONFORFEITABLE AS 4,386
98
SPECIFIED BY THE PLAN SELECTED BY THE MEMBER. 4,387
Sec. 145.97. EACH PLAN ESTABLISHED UNDER SECTION 145.81 OF 4,389
THE REVISED CODE SHALL PERMIT A MEMBER PARTICIPATING IN THE PLAN 4,391
TO DO ALL OF THE FOLLOWING: 4,392
(A) MAINTAIN ON DEPOSIT WITH THE PUBLIC EMPLOYEES 4,394
RETIREMENT SYSTEM, OR THE ENTITY ADMINISTERING THE PLAN PURSUANT 4,395
TO A CONTRACT WITH THE PUBLIC EMPLOYEES RETIREMENT BOARD, ANY 4,396
AMOUNTS THAT HAVE ACCUMULATED ON BEHALF OF THE MEMBER; 4,397
(B) IF THE MEMBER HAS WITHDRAWN THE AMOUNTS DESCRIBED IN 4,399
DIVISION (A) OF THIS SECTION, REDEPOSIT WITH THE SYSTEM OR THE 4,400
ENTITY ADMINISTERING THE PLAN THE AMOUNTS WITHDRAWN; 4,401
(C) MAKE ADDITIONAL DEPOSITS AS PERMITTED BY THE "INTERNAL 4,404
REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED. 4,406
Sec. 145.98. CONTRIBUTIONS UNDER SECTIONS 145.85 AND 4,409
145.86 OF THE REVISED CODE SHALL CEASE ON THE MEMBER'S DEATH OR 4,410
TERMINATION OF EMPLOYMENT OR FOR ANY OTHER REASON SPECIFIED BY 4,411
THE PLAN SELECTED BY THE MEMBER. 4,412
Sec. 145.71 148.01. (A) As used in sections 145.71 to 4,421
145.76 of the Revised Code THIS CHAPTER: 4,423
(1) "Eligible employee" means any public employee, as 4,425
defined in division (A) of section 145.01 of the Revised Code, 4,426
any person eligible to become a member of the public employees 4,427
retirement system under section 145.20 of the Revised Code, any 4,428
employee, as defined in division (C) of section 742.01, division 4,429
(B) of section 3309.01, or division (A) of section 5505.01 of the 4,430
Revised Code, and any member of the state teachers retirement 4,431
system. 4,432
(2) "Participant account" means any of the following 4,434
accounts: 4,435
(a) An account that is maintained by the Ohio public 4,437
employees deferred compensation board and that evidences moneys 4,438
that have been deferred by a continuing member or participating 4,439
employee and transmitted to the board by the retirement system of 4,440
the continuing member or participating employee; 4,441
99
(b) An account that is maintained by the governing board, 4,443
administrator, depository, or trustee of a deferred compensation 4,444
program of a municipal corporation and that evidences moneys that 4,445
have been deferred by an officer or employee of that municipal 4,446
corporation and transmitted to the governing board, 4,447
administrator, depository, or trustee by the retirement system of 4,448
the officer or employee or in another manner; 4,449
(c) An account that is maintained by a governing board, as 4,451
defined in section 145.74 148.06 of the Revised Code, and that 4,452
evidences moneys that have been deferred by an officer or 4,454
employee of a government unit, as defined in that section, and 4,455
transmitted to the governing board by the retirement system of 4,456
the officer or employee or in another manner. 4,457
(3) "Participating employee" means any eligible employee 4,459
who is having compensation deferred pursuant to a contract that 4,460
is executed before the compensation is earned and that is with 4,461
his THE ELIGIBLE EMPLOYEE'S employer and the Ohio public 4,462
employees deferred compensation board. 4,464
(4) "Continuing member" means any former participating 4,466
employee who is not currently having compensation deferred, or 4,467
his THE FORMER PARTICIPATING EMPLOYEE'S beneficiary, to whom 4,468
payment has not been made of all deferred compensation 4,470
distributions.
(B) Notwithstanding section 145.01 of the Revised Code, 4,472
the definitions of that section are applicable to sections 145.71 4,473
to 145.76 of the Revised Code THIS CHAPTER only to any extent 4,474
necessary to fully understand the provisions of those sections 4,476
THIS CHAPTER. Reference may also be had to Chapters 742., 3307., 4,478
3309., and 5505. of the Revised Code for that purpose. 4,479
Sec. 145.72 148.02. The Ohio public employees deferred 4,488
compensation board shall be comprised of a member of the house of 4,489
representatives and a member of the senate, who shall not be of 4,490
the same political party, each to be appointed to serve at the 4,491
pleasure of his THE MEMBER'S respective leadership, and the 4,492
100
members of the public employees retirement board as constituted 4,494
by section 145.04 of the Revised Code, who are hereby created as 4,495
a separate legal entity for the purpose of administering a 4,496
deferred compensation system for all eligible employees. The 4,497
public employees retirement board may utilize its employees and 4,498
property in the administration of the system on behalf of the 4,499
Ohio public employees deferred compensation board, in 4,500
consideration of a reasonable service charge to be applied in a 4,501
nondiscriminatory manner to all amounts of compensation deferred 4,502
under this system.
The Ohio public employees deferred compensation board may 4,504
exercise the same powers granted by section 145.09 of the Revised 4,505
Code necessary to its functions. The attorney general shall be 4,506
the legal adviser of the board. 4,507
Sec. 145.73 148.04. (A) The Ohio public employees 4,516
deferred compensation board shall initiate, plan, expedite, and, 4,517
subject to an appropriate assurance of the approval of the 4,518
internal revenue service, promulgate and offer to all eligible 4,519
employees, and thereafter administer on behalf of all 4,520
participating employees and continuing members, and alter as 4,521
required, a program for deferral of compensation, including a 4,522
reasonable number of options to the employee for the investment 4,523
of deferred funds, including life insurance, annuities, variable 4,524
annuities, pooled investment funds managed by the board, or other 4,526
forms of investment approved by the board, always in such form as 4,527
will assure the desired tax treatment of such funds. The members 4,528
of the Ohio public employees deferred compensation board are the 4,529
trustees of any deferred funds and shall discharge their duties 4,530
with respect to the funds solely in the interest of and for the
exclusive benefit of participating employees, continuing members, 4,531
and their beneficiaries. With respect to such deferred funds, 4,532
section 145.75 148.09 of the Revised Code shall apply to claims 4,534
against participating employees or continuing members and their 4,535
employers.
101
(B) Every employer of an eligible employee shall contract 4,537
with such employee upon the employee's application for 4,538
participation in a deferred compensation program offered by the 4,540
board. Every retirement system serving an eligible employee 4,541
shall serve as collection agent for compensation deferred by any 4,542
of its members and account for and deliver such sums to the 4,543
board.
(C) The board shall, subject to any applicable contract 4,545
provisions, undertake to obtain as favorable conditions of tax 4,546
treatment as possible, both in the initial programs and any 4,547
permitted alterations thereof or additions thereto, as to such 4,548
matters as terms of distribution, designation of beneficiaries, 4,549
withdrawal upon disability, financial hardship, or termination of 4,550
public employment, and other optional provisions. 4,551
(D) In no event shall the total of the amount of deferred 4,553
compensation to be set aside under a deferred compensation 4,554
program and the employee's nondeferred income for any year exceed 4,555
the total annual salary or compensation under the existing salary 4,556
schedule or classification plan applicable to such employee in 4,557
such year. 4,558
Such a deferred compensation program shall be in addition 4,560
to any retirement or any other benefit program provided by law 4,561
for employees of this state. The board shall adopt rules 4,562
pursuant to Chapter 119. of the Revised Code to provide any 4,563
necessary standards or conditions for the administration of its 4,564
programs, including any limits on the portion of a participating 4,565
employee's compensation that may be deferred in order to avoid 4,566
adverse treatment of the program by the internal revenue service 4,567
or the occurrence of deferral, withholding, or other deductions 4,568
in excess of the compensation available for any pay period. 4,569
Any income deferred under such a plan shall continue to be 4,571
included as regular compensation for the purpose of computing the 4,572
contributions to and benefits from the retirement system of such 4,573
employee. Any sum so deferred shall not be included in the 4,574
102
computation of any federal and state income taxes withheld on 4,575
behalf of any such employee. 4,576
(E) This section does not limit the authority of any 4,578
municipal corporation, county, township, park district, 4,579
conservancy district, sanitary district, health district, public 4,580
library, county law library, public institution of higher 4,581
education, or school district to provide separate authorized 4,582
plans or programs for deferring compensation of their officers 4,583
and employees in addition to the program for the deferral of 4,584
compensation offered by the board. Any municipal corporation, 4,585
public institution of higher education, or school district that 4,586
offers such plans or programs shall include a reasonable number 4,587
of options to its officers or employees for the investment of the 4,588
deferred funds, including annuities, variable annuities, 4,589
regulated investment trusts, or other forms of investment 4,590
approved by the municipal corporation, institution of higher 4,591
education, or school district, that will assure the desired tax 4,592
treatment of the funds. 4,593
Sec. 145.74 148.06. As used in this section: 4,602
(A) "Government unit" means a county, township, park 4,604
district of any kind, conservancy district, sanitary district, 4,605
health district, public library district, or county law library. 4,606
(B) "Governing board" means, in the case of the county, 4,608
the board of county commissioners; in the case of a township, the 4,609
board of township trustees; in the case of a park district, the 4,610
board of park commissioners; in the case of a conservancy 4,611
district, the district's board of directors; in the case of a 4,612
sanitary district, the district's board of directors; in the case 4,613
of a health district, the board of health; in the case of a 4,614
public library district, the board of library trustees; and in 4,615
the case of a county law library, the board of trustees of the 4,616
law library association. 4,617
In addition to the program of deferred compensation that 4,619
may be offered under sections 145.71 to 145.73 of the Revised 4,620
103
Code THIS CHAPTER, a governing board may offer to all of the 4,621
officers and employees of the government unit not to exceed two 4,623
additional programs for deferral of compensation designed for 4,624
favorable tax treatment of the compensation so deferred. Any 4,625
such program shall include a reasonable number of options to the 4,626
officer or employee for the investment of the deferred funds, 4,627
including annuities, variable annuities, regulated investment 4,628
trusts, or other forms of investment approved by the governing 4,629
board, that will assure the desired tax treatment of the funds. 4,630
Any income deferred under such a plan shall continue to be 4,632
included as regular compensation for the purpose of computing the 4,633
contributions to and benefits from the officer's or employee's 4,634
retirement system but shall not be included in the computation of 4,635
any federal and state income taxes withheld on behalf of any such 4,636
employee. 4,637
Sec. 145.75 148.09. Except as provided in sections 145.71 4,646
to 145.76, 3105.171, 3105.63, and 3113.21 of the Revised Code AND 4,648
THIS CHAPTER, a participant account or any benefit or other right 4,650
accrued or accruing to any person under sections 145.71 to 145.76 4,651
of the Revised Code THIS CHAPTER or under a deferred compensation 4,652
program offered by a government unit, as defined in section 4,653
145.74 148.06 of the Revised Code, or by a municipal corporation 4,655
shall not be subject to execution, garnishment, attachment, sale 4,656
to satisfy a judgment or order, the operation of bankruptcy or 4,657
insolvency laws, or other process of law and shall be
unassignable.
Sec. 145.76 148.10. (A) Notwithstanding any other 4,666
provision of sections 145.71 to 145.76 of the Revised Code THIS 4,668
CHAPTER, any payment, other than a survivorship benefit, that is 4,670
to be made to a person by a deferred compensation program 4,671
pursuant to those sections or a deferred compensation program 4,672
offered by a government unit, as defined in section 145.74 148.06 4,673
of the Revised Code, or by a municipal corporation is subject to 4,675
any withholding order issued pursuant to section 2907.15 or 4,676
104
division (C)(2)(b) of section 2921.41 of the Revised Code. The 4,677
Ohio public employees deferred compensation board, the governing 4,678
board, as defined in section 145.74 148.06 of the Revised Code, 4,680
that is associated with a government unit, and the governing 4,681
board, administrator, depository, or trustee of a deferred 4,682
compensation program of a municipal corporation shall comply with 4,683
that withholding order in making payment.
(B) Notwithstanding any other provision of sections 145.71 4,685
to 145.76 of the Revised Code THIS CHAPTER, if a deferred 4,686
compensation program receives a notice pursuant to section 4,688
2907.15 or division (D) of section 2921.41 of the Revised Code 4,690
that a person who has a participant account has been charged with 4,691
a violation of section 2907.02, 2907.03, 2907.04, 2907.05, or 4,692
2921.41 of the Revised Code, no payment from that account shall 4,693
be made prior to whichever of the following is applicable: 4,694
(1) If the person is convicted of or pleads guilty to the 4,696
violation and a motion for a withholding order for purposes of 4,697
restitution has not been filed under section 2907.15 or division 4,699
(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; 4,701
(2) If the person is convicted of or pleads guilty to the 4,703
violation and a motion for a withholding order for purposes of 4,704
restitution has been filed under section 2907.15 or division 4,705
(C)(2)(b)(i) of section 2921.41 of the Revised Code, the day on 4,706
which the court decides the motion; 4,708
(3) If the charge is dismissed or the person is found not 4,710
guilty or not guilty by reason of insanity of the violation, the 4,711
day on which the dismissal of the charge or the verdict is 4,712
entered in the journal of the court. 4,713
Sec. 306.45. All officers and employees of a regional 4,722
transit authority shall be considered as public employees within 4,723
the meaning of section 145.01 of the Revised Code and a regional 4,724
transit authority, its officers, and employees shall be subject 4,725
to sections 145.01 to 145.57, inclusive, CHAPTER 145. of the 4,726
105
Revised Code.
Sec. 308.15. All officers and employees of a regional 4,735
airport authority shall be considered as public employees within 4,736
the meaning of section 145.01 of the Revised Code and a regional 4,737
airport authority, its officers and employees shall be subject to 4,738
the provisions of sections 145.01 to 145.57, inclusive, CHAPTER 4,739
145. of the Revised Code. 4,740
Sec. 742.351. (A) ON RECEIPT OF WRITTEN NOTICE OF A 4,742
MEMBER'S ELECTION TO RETIRE UNDER DIVISION (C) OF SECTION 742.37 4,743
OF THE REVISED CODE, THE OHIO POLICE AND FIRE PENSION FUND SHALL 4,745
REQUEST FROM THE EMPLOYER VERIFICATION OF THE MEMBER'S
TERMINATION DATE AND ANY OTHER INFORMATION THE FUND DETERMINES 4,747
NECESSARY TO CALCULATE AND PAY A PENSION UNDER THAT DIVISION. 4,748
THE REQUEST SHALL BE ON A FORM CREATED BY THE FUND AND SPECIFY 4,749
THE DATE BY WHICH THE INFORMATION MUST BE RECEIVED BY THE FUND, 4,750
WHICH SHALL BE SIXTY DAYS AFTER THE FORM IS SENT BY THE FUND. 4,751
(B)(1) ON RECEIPT OF A REQUEST FOR INFORMATION UNDER 4,753
DIVISION (A) OF THIS SECTION, THE EMPLOYER SHALL COMPLETE THE 4,755
FORM AND RETURN IT TO THE FUND NOT LATER THAN THE DATE SPECIFIED 4,756
BY THE FUND.
(2) IF THE FUND DOES NOT RECEIVE THE COMPLETED FORM BY THE 4,758
SPECIFIED DATE, THE FUND SHALL SEND NOTICE BY CERTIFIED MAIL TO 4,759
THE EMPLOYER THAT UNLESS THE COMPLETED FORM IS RECEIVED NOT LATER 4,760
THAN THIRTY DAYS AFTER THE SPECIFIED DATE A FINE WILL BE IMPOSED. 4,761
(C) THE FUND SHALL ASSESS AGAINST AN EMPLOYER THAT FAILS 4,763
TO RETURN THE COMPLETED FORM BY THE END OF THE PERIOD DESCRIBED 4,764
IN DIVISION (B)(2) OF THIS SECTION A FINE OF ONE HUNDRED DOLLARS 4,765
PER DAY. THE PERIOD FOR WHICH THE FINE SHALL BE IMPOSED BEGINS 4,766
THE THIRTY-FIRST DAY AFTER THE DATE NOTICE IS MAILED UNDER 4,767
DIVISION (B)(2) OF THIS SECTION AND ENDS ON THE DAY BEFORE THE 4,768
DAY THE COMPLETED FORM IS RECEIVED BY THE FUND. ANY AMOUNT DUE
FROM AN EMPLOYER UNDER THIS DIVISION SHALL BE COLLECTED FROM THE 4,769
COUNTY AUDITOR IN THE MANNER PROVIDED IN SECTION 742.35 OF THE 4,770
REVISED CODE FOR DELINQUENT CONTRIBUTIONS.
106
(D) THE FUND SHALL MAKE ONE OR MORE MONTHLY PAYMENTS TO A 4,772
MEMBER WHOSE PENSION DOES NOT COMMENCE BY THE NINETY-FIRST DAY 4,773
AFTER THE FUND SENDS A REQUEST FOR INFORMATION UNDER DIVISION (A) 4,774
OF THIS SECTION DUE TO THE EMPLOYER'S FAILURE TO RETURN THE 4,775
COMPLETED FORM REQUIRED UNDER THIS SECTION. PAYMENT UNDER THIS 4,776
DIVISION SHALL COMMENCE ON THE FIRST DAY OF THE SECOND MONTH
FOLLOWING A MONTH THAT INCLUDES A DAY FOR WHICH AN ASSESSMENT 4,777
AGAINST THE EMPLOYER IS REQUIRED UNDER DIVISION (C) OF THIS 4,778
SECTION. THE PAYMENT SHALL BE AN AMOUNT EQUAL TO ONE HUNDRED 4,779
DOLLARS FOR EVERY DAY THAT AN ASSESSMENT IS REQUIRED UNDER 4,780
DIVISION (C) OF THIS SECTION LESS ANY ADMINISTRATIVE COSTS 4,781
INCURRED BY THE FUND IN COMPLYING WITH THIS SECTION. PAYMENT 4,782
SHALL CONTINUE ON A MONTHLY BASIS UNTIL THE MEMBER RECEIVES THE 4,783
TOTAL AMOUNT ATTRIBUTABLE TO THE REQUIRED PENALTY FOR AN 4,785
EMPLOYER'S FAILURE TO RETURN THE FORM THAT WAS REQUESTED FOR THAT 4,786
MEMBER'S INFORMATION.
Sec. 742.379. (A) As used in this section: 4,795
(1) "Full-time service" has the meaning established by 4,797
rule of the board of trustees of the Ohio police and fire pension 4,799
fund.
(2) "Qualified contributions" means contributions to the 4,801
public employees retirement system, school employees retirement 4,802
system, or state teachers retirement system attributable to 4,803
full-time service or purchase of credit for service in the armed 4,804
forces of the United States. 4,805
(B) In computing the pension and benefits payable under 4,807
section 742.37 or 742.39 of the Revised Code, the Ohio police and 4,809
fire pension fund shall give a member of the fund who is in the 4,810
active service of a police or fire department and is not 4,811
receiving a pension or benefit payment from the fund full credit 4,812
for service credit earned for full-time service as a member of 4,813
the Cincinnati retirement system or purchased from the retirement 4,814
system for service in the armed forces of the United States if, 4,816
for each year of service credit, the fund receives the sum of the 4,818
107
following:
(1) An amount, which shall be paid by the member, equal to 4,820
the amount withdrawn by the member from the retirement system 4,822
that is attributable to the year of service credit, with interest 4,823
on that amount from the date of withdrawal to the date of 4,825
payment;
(2) Interest, which shall be paid either by the member or 4,828
the retirement system, on the amount withdrawn by the member from 4,829
the retirement system that is attributable to the year of service
from the last day of the year for which the service credit was 4,831
earned or in which military service credit was purchased or 4,832
obtained to the date the withdrawal was made; 4,833
(3) An amount, which shall be paid by either the member or 4,836
the retirement system, equal to the lesser of the amount
contributed by the employer to the retirement system for the year 4,838
of service or the amount that would have been contributed by the 4,839
employer for the year of service had the member been employed by
the member's current employer as a member of a police or fire 4,841
department, with interest on that amount from the last day of the 4,842
year for which the service credit was earned or in which military 4,843
service was purchased or obtained to the date the payment is 4,844
made;
(4) If the member became a member of the fund on or after 4,846
September 16, 1998, the amount, which shall be paid by the 4,849
member, determined pursuant to division (I) of this section. 4,850
Interest shall be determined in accordance with division 4,852
(H) of this section. 4,853
(C) In computing the pension and benefits payable under 4,856
section 742.37 or 742.39 of the Revised Code, the fund shall give 4,857
a member of the fund who is in the active service of a police or 4,859
fire department, is not receiving a pension or benefit payment 4,860
from the fund, and has withdrawn the member's contributions from 4,861
the public employees retirement system, school employees 4,862
retirement system, or state teachers retirement system full 4,863
108
credit for service credit earned for full-time service as a 4,864
member of the public employees retirement system, school 4,865
employees retirement system, or state teachers retirement system 4,866
or purchased from one of those retirement systems for service in 4,867
the armed forces of the United States if, for each year of 4,868
service, the fund receives the sum of the following: 4,870
(1) An amount, which shall be paid by the member, equal to 4,873
the amount withdrawn by the member from the former retirement 4,875
system that is attributable to that year of service credit, with 4,877
interest on that amount from the date of withdrawal to the date 4,878
of payment;
(2) Interest, which shall be transferred by the former 4,881
retirement system, on the amount withdrawn by the member from the 4,882
retirement system that is attributable to the year of service
from the last day of the year for which the service credit was 4,883
earned or in which military service credit was purchased or 4,884
obtained to the date the withdrawal was made; 4,885
(3) An amount, which shall be transferred by the former 4,888
retirement system, equal to the lesser of the amount contributed 4,889
by the employer to the retirement system for the year of service 4,890
or the amount that would have been contributed by the employer 4,891
for the year of service had the member been employed by the 4,892
member's current employer as a member of a police or fire 4,893
department, with interest on the amount transferred from the last 4,894
day of the year for which the service credit was earned or in 4,895
which military service credit was purchased or obtained to the 4,897
date the transfer is made;
(4) If the member became a member of the fund on or after 4,900
September 16, 1998, the amount, which shall be paid by the 4,902
member, determined pursuant to division (I) of this section. 4,903
On receipt of payment from the member, the fund shall 4,905
notify the former retirement system, and on receipt of the 4,906
notice, the retirement system shall make the transfer. Interest 4,907
shall be determined in accordance with division (H) of this 4,909
109
section.
(D) In computing the pension and benefits payable under 4,911
section 742.37 or 742.39 of the Revised Code, the fund shall give 4,913
a member of the fund who is in the active service of a police or 4,914
fire department, is not receiving a pension or benefit from the 4,915
fund, and has contributions on deposit with the public employees 4,916
retirement system, school employees retirement system, or state 4,917
teachers retirement system full credit for service credit earned 4,918
for full-time service as a member of one of those retirement 4,919
systems or, ANY SERVICE CREDIT purchased from one of the 4,921
retirement systems for service in the armed forces of the United 4,923
States, AND ANY SERVICE CREDIT OBTAINED UNDER SECTION 145.295, 4,924
3307.761, OR 3309.381 OF THE REVISED CODE FOR SERVICE FOR WHICH 4,925
CONTRIBUTIONS WERE MADE TO THE STATE HIGHWAY PATROL RETIREMENT 4,926
SYSTEM. THE CREDIT SHALL BE GIVEN if both of the following
occur: 4,927
(1) The retirement system transfers to the fund, for each 4,930
year of service, the sum of the following: 4,931
(a) An amount equal to the member's qualified 4,934
contributions;
(b) An amount equal to the lesser of the employer's 4,937
qualified contributions to the retirement system or the amount 4,938
that would have been contributed by the employer for the 4,939
full-time service had the member been employed by the member's 4,940
current employer as a member of a police or fire department; 4,941
(c) AN AMOUNT EQUAL TO ANY AMOUNT RECEIVED BY THE 4,943
RETIREMENT SYSTEM UNDER SECTION 145.295, 3307.761, OR 3309.351 OF 4,944
THE REVISED CODE;
(d) Interest on the amounts specified in divisions 4,946
(D)(1)(a) and, (b), AND (c) of this section from the last day of 4,949
the year for which the service credit IN THE TRANSFERRING
RETIREMENT SYSTEM was earned or in which military service credit 4,951
OR CREDIT UNDER SECTION 145.295, 3307.761, OR 3309.351 OF THE 4,952
REVISED CODE was purchased or obtained to the date the transfer 4,953
110
is made. 4,954
(2) If the member became a member of the fund on or after 4,957
September 16, 1998, the member pays the amount determined 4,959
pursuant to division (I) of this section. 4,960
On receipt of a request from the member, the appropriate 4,963
retirement system shall make the transfer specified in division 4,964
(D)(1) of this section. Interest shall be determined in 4,965
accordance with division (H) of this section. 4,966
(E) Subject to board rules, a member of the fund may 4,968
choose to purchase in any one payment only part of the credit the 4,969
member is eligible to purchase under division (B) or (C)(1) of 4,971
this section. 4,972
(F) At the request of the fund, the public employees 4,974
retirement system, school employees retirement system, state 4,975
teachers retirement system, or Cincinnati retirement system shall 4,976
certify to the fund a copy of the records of the service and 4,978
contributions of a member of the fund who seeks service credit 4,979
under this section. 4,980
(G) A member of the fund is ineligible to receive credit 4,983
under this section for service that is used in the calculation of 4,984
any retirement benefit currently being paid or payable in the 4,985
future to the member, or service rendered concurrently with any 4,986
other period for which service credit has already been granted. 4,987
(H) Interest charged under this section shall be 4,990
calculated separately for each year of service credit at the 4,991
lesser of the actuarial assumption rate for that year of the fund 4,992
or of the retirement system in which the credit was earned. The 4,993
interest shall be compounded annually. 4,994
The board may, by rule, establish procedures for the 4,996
receipt of service credit under this section. 4,997
(I) The amount to be paid pursuant to division (B)(4), 5,000
(C)(4), or (D)(2) of this section is the sum of the following: 5,001
(1) An amount equal to the difference between the amount 5,004
the member paid as employee contributions for the service and the 5,005
111
amount the member would have paid had the member been employed by 5,006
the member's current employer as a member of a police or fire 5,007
department;
(2) An amount equal to the difference between the amount 5,010
paid or transferred under division (B)(3), (C)(3), or (D)(1)(b) 5,011
of this section and the amount that would have been contributed 5,012
by the employer for the service had the member been employed by 5,013
the member's current employer as a member of a police or fire 5,015
department;
(3) Interest, determined in accordance with division (H) 5,018
of this section, on the amounts specified in divisions (I)(1) and 5,020
(2) of this section.
At the request of a member, in lieu of requiring payment of 5,023
all or part of the amount determined under this division the fund 5,024
may grant the member an amount of service credit under division 5,025
(B), (C), or (D) of this section that is less than the amount for 5,027
which the member is eligible. The service credit granted shall 5,028
be the same percentage of the service credit for which the member 5,029
is eligible that the amount the fund receives under division (B), 5,030
(C), or (D) of this section is of the total amount it would 5,032
receive under those divisions if the full amount determined under 5,033
this division was paid.
(J)(1) Except as provided in division (J)(2) of this 5,036
section and notwithstanding any contrary provision of this
section, the board shall, in computing a pension or benefit under 5,038
section 742.37 or 742.39 of the Revised Code, give a member of 5,039
the fund who is not receiving a pension or disability benefit 5,040
from the fund full credit for service credit purchased under this 5,041
section for service that was less than full-time service if the 5,042
member provides evidence satisfactory to the board that, after 5,043
receiving written notice from the fund indicating that the member 5,045
would be permitted to purchase service credit for service that
was less than full-time, the member changed or ceased the 5,046
member's employment with the understanding that the credit 5,047
112
identified in the notice would be used in computing a pension or 5,048
benefit. If the board has canceled service credit purchased 5,050
under this section for service that was less than full-time 5,051
service and the member meets the requirements of division (J)(1) 5,052
of this section, the board shall restore the service credit on 5,053
repayment to the fund of the amount refunded to the member at the 5,055
time of cancellation.
(2) If a member of the fund who is not receiving a pension 5,058
or disability benefit from the fund purchased credit under this 5,059
section for service that was less than full-time service and does 5,060
not meet the requirements of division (J)(1) of this section, the 5,061
board shall refund to the member any amounts paid to purchase the 5,063
credit, with interest at a rate determined by the board from the 5,064
date the member purchased the credit to the date of the refund. 5,065
(K) A member of the fund who has purchased service credit 5,067
under this section, or the member's estate, is entitled to a 5,068
refund of the amount or portion of the amount paid to purchase 5,069
the credit if the purchased credit or portion of credit does not 5,070
increase a pension or benefit payable under section 742.37 or 5,071
742.39 of the Revised Code. The refund cancels an equivalent 5,072
amount of service credit. 5,073
(L) If a member or former member of the fund who is not a 5,075
current contributor and has not received a refund of accumulated 5,077
contributions elects to receive credit under section 145.295, 5,078
3307.761, or 3309.351 of the Revised Code for service for which 5,080
the member contributed to the fund or purchased credit for
service in the armed forces of the United States, the fund shall 5,081
transfer to the public employees retirement system, school 5,083
employees retirement system, or state teachers retirement system 5,084
the amount specified in division (A) of section 145.295 of the 5,085
Revised Code, division (A) of section 3307.761 of the Revised 5,087
Code, or division (A) of section 3309.351 of the Revised Code. 5,088
(M) The board shall adopt rules establishing a payroll 5,091
deduction plan for the purchase of service credit under this 5,092
113
section. The rules shall meet the requirements described in
section 742.56 of the Revised Code. 5,094
Sec. 742.58. On the death of a member of the Ohio police 5,103
and fire pension fund who at the time of death is receiving a 5,104
retirement pension or disability benefits, a lump-sum payment of 5,106
one thousand dollars shall be paid to the member's surviving 5,108
spouse or, if there is no surviving spouse, to the beneficiary 5,109
the member designated on a form provided by the fund. If there 5,110
is no surviving spouse or designated beneficiary, the payment 5,111
shall be made to the member's estate.
Application for the payment shall be made on a form 5,113
provided by the fund.
A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE 5,115
INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY 5,116
FROM CONTRIBUTIONS MADE UNDER SECTIONS 742.33 AND 742.34 OF THE 5,117
REVISED CODE AND ANY EARNINGS ATTRIBUTABLE TO THOSE
CONTRIBUTIONS. 5,118
Sec. 2329.66. (A) Every person who is domiciled in this 5,127
state may hold property exempt from execution, garnishment, 5,128
attachment, or sale to satisfy a judgment or order, as follows: 5,129
(1)(a) In the case of a judgment or order regarding money 5,131
owed for health care services rendered or health care supplies 5,132
provided to the person or a dependent of the person, one parcel 5,133
or item of real or personal property that the person or a 5,134
dependent of the person uses as a residence. Division (A)(1)(a) 5,135
of this section does not preclude, affect, or invalidate the 5,136
creation under this chapter of a judgment lien upon the exempted 5,137
property but only delays the enforcement of the lien until the 5,138
property is sold or otherwise transferred by the owner or in 5,139
accordance with other applicable laws to a person or entity other 5,140
than the surviving spouse or surviving minor children of the 5,141
judgment debtor. Every person who is domiciled in this state may 5,142
hold exempt from a judgment lien created pursuant to division 5,143
(A)(1)(a) of this section the person's interest, not to exceed 5,144
114
five thousand dollars, in the exempted property. 5,145
(b) In the case of all other judgments and orders, the 5,147
person's interest, not to exceed five thousand dollars, in one 5,148
parcel or item of real or personal property that the person or a 5,149
dependent of the person uses as a residence. 5,150
(2) The person's interest, not to exceed one thousand 5,152
dollars, in one motor vehicle; 5,153
(3) The person's interest, not to exceed two hundred 5,155
dollars in any particular item, in wearing apparel, beds, and 5,156
bedding, and the person's interest, not to exceed three hundred 5,157
dollars in each item, in one cooking unit and one refrigerator or 5,158
other food preservation unit; 5,159
(4)(a) The person's interest, not to exceed four hundred 5,161
dollars, in cash on hand, money due and payable, money to become 5,162
due within ninety days, tax refunds, and money on deposit with a 5,163
bank, savings and loan association, credit union, public utility, 5,164
landlord, or other person. Division (A)(4)(a) of this section 5,165
applies only in bankruptcy proceedings. This exemption may 5,166
include the portion of personal earnings that is not exempt under 5,167
division (A)(13) of this section. 5,168
(b) Subject to division (A)(4)(d) of this section, the 5,170
person's interest, not to exceed two hundred dollars in any 5,171
particular item, in household furnishings, household goods, 5,172
appliances, books, animals, crops, musical instruments, firearms, 5,173
and hunting and fishing equipment, that are held primarily for 5,174
the personal, family, or household use of the person; 5,175
(c) Subject to division (A)(4)(d) of this section, the 5,177
person's interest in one or more items of jewelry, not to exceed 5,178
four hundred dollars in one item of jewelry and not to exceed two 5,179
hundred dollars in every other item of jewelry; 5,180
(d) Divisions (A)(4)(b) and (c) of this section do not 5,182
include items of personal property listed in division (A)(3) of 5,183
this section. 5,184
If the person does not claim an exemption under division 5,186
115
(A)(1) of this section, the total exemption claimed under 5,187
division (A)(4)(b) of this section shall be added to the total 5,188
exemption claimed under division (A)(4)(c) of this section, and 5,189
the total shall not exceed two thousand dollars. If the person 5,190
claims an exemption under division (A)(1) of this section, the 5,191
total exemption claimed under division (A)(4)(b) of this section 5,192
shall be added to the total exemption claimed under division 5,193
(A)(4)(c) of this section, and the total shall not exceed one 5,194
thousand five hundred dollars. 5,195
(5) The person's interest, not to exceed an aggregate of 5,197
seven hundred fifty dollars, in all implements, professional 5,198
books, or tools of the person's profession, trade, or business, 5,199
including agriculture; 5,201
(6)(a) The person's interest in a beneficiary fund set 5,203
apart, appropriated, or paid by a benevolent association or 5,204
society, as exempted by section 2329.63 of the Revised Code; 5,205
(b) The person's interest in contracts of life or 5,207
endowment insurance or annuities, as exempted by section 3911.10 5,208
of the Revised Code; 5,209
(c) The person's interest in a policy of group insurance 5,211
or the proceeds of a policy of group insurance, as exempted by 5,212
section 3917.05 of the Revised Code; 5,213
(d) The person's interest in money, benefits, charity, 5,215
relief, or aid to be paid, provided, or rendered by a fraternal 5,216
benefit society, as exempted by section 3921.18 of the Revised 5,217
Code; 5,218
(e) The person's interest in the portion of benefits under 5,220
policies of sickness and accident insurance and in lump-sum 5,221
payments for dismemberment and other losses insured under those 5,222
policies, as exempted by section 3923.19 of the Revised Code. 5,223
(7) The person's professionally prescribed or medically 5,225
necessary health aids; 5,226
(8) The person's interest in a burial lot, including, but 5,228
not limited to, exemptions under section 517.09 or 1721.07 of the 5,229
116
Revised Code; 5,230
(9) The person's interest in the following: 5,232
(a) Moneys paid or payable for living maintenance or 5,234
rights, as exempted by section 3304.19 of the Revised Code; 5,235
(b) Workers' compensation, as exempted by section 4123.67 5,238
of the Revised Code; 5,239
(c) Unemployment compensation benefits, as exempted by 5,241
section 4141.32 of the Revised Code; 5,242
(d) Cash assistance payments under the Ohio works first 5,244
program, as exempted by section 5107.75 of the Revised Code; 5,246
(e) Disability assistance payments, as exempted by section 5,248
5115.07 of the Revised Code. 5,249
(10)(a) Except in cases in which the person was convicted 5,251
of or pleaded guilty to a violation of section 2921.41 of the 5,252
Revised Code and in which an order for the withholding of 5,253
restitution from payments was issued under division (C)(2)(b) of 5,254
that section or in cases in which an order for withholding was 5,255
issued under section 2907.15 of the Revised Code, and only to the 5,256
extent provided in the order, and except as provided in sections 5,260
3105.171, 3105.63, 3111.23, and 3113.21 of the Revised Code, the 5,262
person's right to a pension, benefit, annuity, retirement 5,263
allowance, or accumulated contributions, the person's right to a 5,264
participant account in any deferred compensation program offered 5,265
by the Ohio public employees deferred compensation board, a 5,266
government unit, or a municipal corporation, or the person's 5,267
other accrued or accruing rights, as exempted by section 145.56, 5,268
145.75, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of 5,270
the Revised Code, and the person's right to benefits from the 5,272
Ohio public safety officers death benefit fund; 5,274
(b) Except as provided in sections 3111.23 and 3113.21 of 5,277
the Revised Code, the person's right to receive a payment under 5,278
any pension, annuity, or similar plan or contract, not including 5,279
a payment from a stock bonus or profit-sharing plan or a payment 5,280
included in division (A)(6)(b) or (10)(a) of this section, on 5,281
117
account of illness, disability, death, age, or length of service, 5,282
to the extent reasonably necessary for the support of the person 5,283
and any of the person's dependents, except if all the following 5,284
apply: 5,285
(i) The plan or contract was established by or under the 5,287
auspices of an insider that employed the person at the time the 5,288
person's rights under the plan or contract arose. 5,289
(ii) The payment is on account of age or length of 5,291
service. 5,292
(iii) The plan or contract is not qualified under the 5,294
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 5,295
amended. 5,296
(c) Except for any portion of the assets that were 5,298
deposited for the purpose of evading the payment of any debt and 5,299
except as provided in sections 3111.23 and 3113.21 of the Revised 5,301
Code, the person's right in the assets held in, or to receive any 5,303
payment under, any individual retirement account, individual 5,304
retirement annuity, "Roth IRA," or education individual 5,305
retirement account that provides benefits by reason of illness, 5,307
disability, death, or age, to the extent that the assets, 5,308
payments, or benefits described in division (A)(10)(c) of this 5,309
section are attributable to any of the following: 5,310
(i) Contributions of the person that were less than or 5,313
equal to the applicable limits on deductible contributions to an 5,314
individual retirement account or individual retirement annuity in 5,315
the year that the contributions were made, whether or not the 5,316
person was eligible to deduct the contributions on the person's 5,317
federal tax return for the year in which the contributions were 5,318
made;
(ii) Contributions of the person that were less than or 5,321
equal to the applicable limits on contributions to a Roth IRA or 5,322
education individual retirement account in the year that the 5,323
contributions were made;
(iii) Contributions of the person that are within the 5,326
118
applicable limits on rollover contributions under subsections 5,327
219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 5,328
408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue 5,331
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 5,333
(d) Except for any portion of the assets that were 5,336
deposited for the purpose of evading the payment of any debt and 5,337
except as provided in sections 3111.23 and 3113.21 of the Revised 5,338
Code, the person's right in the assets held in, or to receive any 5,339
payment under, any Keogh or "H.R. 10" plan that provides benefits 5,340
by reason of illness, disability, death, or age, to the extent 5,341
reasonably necessary for the support of the person and any of the 5,342
person's dependents. 5,343
(11) The person's right to receive spousal support, child 5,345
support, an allowance, or other maintenance to the extent 5,346
reasonably necessary for the support of the person and any of the 5,347
person's dependents; 5,349
(12) The person's right to receive, or moneys received 5,351
during the preceding twelve calendar months from, any of the 5,352
following: 5,353
(a) An award of reparations under sections 2743.51 to 5,355
2743.72 of the Revised Code, to the extent exempted by division 5,356
(D) of section 2743.66 of the Revised Code; 5,357
(b) A payment on account of the wrongful death of an 5,359
individual of whom the person was a dependent on the date of the 5,360
individual's death, to the extent reasonably necessary for the 5,361
support of the person and any of the person's dependents; 5,362
(c) Except in cases in which the person who receives the 5,364
payment is an inmate, as defined in section 2969.21 of the 5,365
Revised Code, and in which the payment resulted from a civil 5,366
action or appeal against a government entity or employee, as 5,367
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 5,369
injury, not including pain and suffering or compensation for 5,370
actual pecuniary loss, of the person or an individual for whom 5,371
119
the person is a dependent;
(d) A payment in compensation for loss of future earnings 5,373
of the person or an individual of whom the person is or was a 5,374
dependent, to the extent reasonably necessary for the support of 5,375
the debtor and any of the debtor's dependents. 5,376
(13) Except as provided in sections 3111.23 and 3113.21 of 5,379
the Revised Code, personal earnings of the person owed to the
person for services in an amount equal to the greater of the 5,380
following amounts: 5,381
(a) If paid weekly, thirty times the current federal 5,383
minimum hourly wage; if paid biweekly, sixty times the current 5,384
federal minimum hourly wage; if paid semimonthly, sixty-five 5,385
times the current federal minimum hourly wage; or if paid 5,386
monthly, one hundred thirty times the current federal minimum 5,387
hourly wage that is in effect at the time the earnings are 5,388
payable, as prescribed by the "Fair Labor Standards Act of 1938," 5,389
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 5,390
(b) Seventy-five per cent of the disposable earnings owed 5,392
to the person. 5,393
(14) The person's right in specific partnership property, 5,395
as exempted by division (B)(3) of section 1775.24 of the Revised 5,396
Code; 5,397
(15) A seal and official register of a notary public, as 5,399
exempted by section 147.04 of the Revised Code; 5,400
(16) The person's interest in a tuition credit or a 5,402
payment under section 3334.09 of the Revised Code pursuant to a 5,403
tuition credit contract, as exempted by section 3334.15 of the 5,404
Revised Code;
(17) Any other property that is specifically exempted from 5,406
execution, attachment, garnishment, or sale by federal statutes 5,407
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 5,408
U.S.C.A. 101, as amended; 5,409
(18) The person's interest, not to exceed four hundred 5,411
dollars, in any property, except that division (A)(18) of this 5,412
120
section applies only in bankruptcy proceedings. 5,413
(B) As used in this section: 5,415
(1) "Disposable earnings" means net earnings after the 5,417
garnishee has made deductions required by law, excluding the 5,418
deductions ordered pursuant to section 3111.23 or 3113.21 of the 5,420
Revised Code. 5,421
(2) "Insider" means: 5,423
(a) If the person who claims an exemption is an 5,425
individual, a relative of the individual, a relative of a general 5,426
partner of the individual, a partnership in which the individual 5,427
is a general partner, a general partner of the individual, or a 5,428
corporation of which the individual is a director, officer, or in 5,429
control; 5,430
(b) If the person who claims an exemption is a 5,432
corporation, a director or officer of the corporation; a person 5,433
in control of the corporation; a partnership in which the 5,434
corporation is a general partner; a general partner of the 5,435
corporation; or a relative of a general partner, director, 5,436
officer, or person in control of the corporation; 5,437
(c) If the person who claims an exemption is a 5,439
partnership, a general partner in the partnership; a general 5,440
partner of the partnership; a person in control of the 5,441
partnership; a partnership in which the partnership is a general 5,442
partner; or a relative in, a general partner of, or a person in 5,443
control of the partnership; 5,444
(d) An entity or person to which or whom any of the 5,446
following applies: 5,447
(i) The entity directly or indirectly owns, controls, or 5,449
holds with power to vote, twenty per cent or more of the 5,450
outstanding voting securities of the person who claims an 5,451
exemption, unless the entity holds the securities in a fiduciary 5,452
or agency capacity without sole discretionary power to vote the 5,453
securities or holds the securities solely to secure to debt and 5,454
the entity has not in fact exercised the power to vote. 5,455
121
(ii) The entity is a corporation, twenty per cent or more 5,457
of whose outstanding voting securities are directly or indirectly 5,458
owned, controlled, or held with power to vote, by the person who 5,459
claims an exemption or by an entity to which division 5,460
(B)(2)(d)(i) of this section applies. 5,461
(iii) A person whose business is operated under a lease or 5,463
operating agreement by the person who claims an exemption, or a 5,464
person substantially all of whose business is operated under an 5,465
operating agreement with the person who claims an exemption. 5,466
(iv) The entity operates the business or all or 5,468
substantially all of the property of the person who claims an 5,469
exemption under a lease or operating agreement. 5,470
(e) An insider, as otherwise defined in this section, of a 5,472
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 5,473
(iv) of this section applies, as if the person or entity were a 5,474
person who claims an exemption; 5,475
(f) A managing agent of the person who claims an 5,477
exemption. 5,478
(3) "Participant account" has the same meaning as in 5,480
section 145.71 148.01 of the Revised Code. 5,481
(4) "Government unit" has the same meaning as in section 5,483
145.74 148.06 of the Revised Code. 5,484
(C) For purposes of this section, "interest" shall be 5,486
determined as follows: 5,487
(1) In bankruptcy proceedings, as of the date a petition 5,489
is filed with the bankruptcy court commencing a case under Title 5,490
11 of the United States Code; 5,491
(2) In all cases other than bankruptcy proceedings, as of 5,493
the date of an appraisal, if necessary under section 2329.68 of 5,494
the Revised Code, or the issuance of a writ of execution. 5,495
An interest, as determined under division (C)(1) or (2) of 5,497
this section, shall not include the amount of any lien otherwise 5,498
valid pursuant to section 2329.661 of the Revised Code. 5,499
Sec. 2907.15. (A) As used in this section: 5,509
122
(1) "Public retirement system" means the public employees 5,512
retirement system, STATE TEACHERS RETIREMENT SYSTEM, SCHOOL
EMPLOYEES RETIREMENT SYSTEM, Ohio police and fire pension fund, 5,513
state highway patrol retirement system, or a municipal retirement 5,515
system of a municipal corporation of this state. 5,516
(2) "Government deferred compensation program" means such 5,518
a program offered by the Ohio public employees deferred 5,520
compensation board; a municipal corporation; or a governmental 5,521
unit, as defined in section 145.74 148.06 of the Revised Code. 5,522
(3) "Deferred compensation program participant" means a 5,524
"participating employee" or "continuing member," as defined in 5,525
section 145.71 148.01 of the Revised Code, or any other public 5,526
employee who has funds in a government deferred compensation 5,527
program.
(4) "Prosecutor" has the same meaning as in section 5,529
2935.01 of the Revised Code. 5,530
In any case in which a sentencing court orders restitution 5,533
to the victim under section 2929.18 of the Revised Code for a 5,534
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 5,536
compensation program participant or is a member of, or receiving 5,537
a pension, benefit, or allowance, other than a survivorship 5,539
benefit, from, a public retirement system and committed the 5,540
offense against a child, student, patient, or other person with 5,541
whom the offender had contact in the context of the offender's 5,542
public employment, at the request of the victim the prosecutor
shall file a motion with the sentencing court specifying the 5,544
government deferred compensation program or public retirement 5,545
system and requesting that the court issue an order requiring the 5,546
government deferred compensation program or public retirement 5,547
system to withhold the amount required as restitution from one or 5,548
more of the following: any payment to be made from a government 5,549
deferred compensation program or under a pension, annuity, 5,550
allowance, or any other benefit, other than a survivorship
123
benefit, that has been or is in the future granted to the 5,552
offender; from any payment of accumulated employee contributions 5,553
standing to the offender's credit with the government deferred 5,554
compensation program or public retirement system; or from any 5,555
payment of any other amounts to be paid to the offender pursuant
to Chapter 145., 148., 742., 3307., 3309., or 5505. of the 5,556
Revised Code on withdrawal of contributions. The motion may be 5,559
filed at any time subsequent to the conviction of the offender or 5,560
entry of a guilty plea. On the filing of the motion, the clerk 5,561
of the court in which the motion is filed shall notify the 5,562
offender and the government deferred compensation program or
public retirement system, in writing, of all of the following: 5,564
that the motion was filed; that the offender will be granted a 5,565
hearing on the issuance of the requested order if the offender 5,566
files a written request for a hearing with the clerk prior to the 5,567
expiration of thirty days after the offender receives the notice; 5,568
that, if a hearing is requested, the court will schedule a 5,569
hearing as soon as possible and notify the offender and the 5,570
government deferred compensation program or public retirement
system of the date, time, and place of the hearing; that, if a 5,571
hearing is conducted, it will be limited to a consideration of 5,573
whether the offender can show good cause why the order should not 5,574
be issued; that, if a hearing is conducted, the court will not 5,575
issue the order if the court determines, based on evidence 5,576
presented at the hearing by the offender, that there is good 5,577
cause for the order not to be issued; that the court will issue 5,578
the order if a hearing is not requested or if a hearing is 5,579
conducted but the court does not determine, based on evidence 5,580
presented at the hearing by the offender, that there is good 5,581
cause for the order not to be issued; and that, if the order is 5,583
issued, the government deferred compensation program or public
retirement system specified in the motion will be required to 5,584
withhold the amount required as restitution from payments to the 5,585
offender.
124
(B) In any case in which a motion requesting the issuance 5,588
of a withholding order as described in division (A) of this 5,589
section is filed, the offender may receive a hearing on the 5,590
motion by delivering a written request for a hearing to the court 5,591
prior to the expiration of thirty days after the offender's 5,592
receipt of the notice provided pursuant to division (A) of this 5,593
section. If the offender requests a hearing within the 5,595
prescribed time, the court shall schedule a hearing as soon as 5,596
possible after the request is made and notify the offender and 5,597
the government deferred compensation program or public retirement
system of the date, time, and place of the hearing. A hearing 5,598
scheduled under this division shall be limited to a consideration 5,599
of whether there is good cause, based on evidence presented by 5,600
the offender, for the requested order not to be issued. If the 5,601
court determines, based on evidence presented by the offender, 5,602
that there is good cause for the order not to be issued, the 5,603
court shall deny the motion and shall not issue the order. Good 5,605
cause for not issuing the order includes a determination by the
court that the order would severely impact the offender's ability 5,606
to support the offender's dependents. 5,607
If the offender does not request a hearing within the 5,609
prescribed time or the court conducts a hearing but does not 5,610
determine, based on evidence presented by the offender, that 5,611
there is good cause for the order not to be issued, the court 5,612
shall order the government deferred compensation program or 5,613
public retirement system to withhold the amount required as 5,614
restitution from one or more of the following: any payments to 5,615
be made from a government deferred compensation program or under 5,616
a pension, annuity, allowance, or under any other benefit, other 5,617
than a survivorship benefit, that has been or is in the future 5,619
granted to the offender; from any payment of accumulated employee 5,620
contributions standing to the offender's credit with the 5,621
government deferred compensation program or public retirement
system; or from any payment of any other amounts to be paid to 5,623
125
the offender upon withdrawal of contributions pursuant to Chapter 5,624
145., 148., 742., 3307., 3309., or 5505. of the Revised Code and 5,626
to continue the withholding for that purpose, in accordance with 5,628
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 5,629
receipt of an order issued under this division, the government 5,630
deferred compensation program or public retirement system shall 5,631
withhold the amount required as restitution, in accordance with 5,632
the order, from any such payments and immediately forward the 5,633
amount withheld to the clerk of the court in which the order was 5,634
issued for payment to the person to whom restitution is to be 5,635
made. The order shall not apply to any portion of payments made 5,636
from a government deferred compensation program or public
retirement system to a person other than the offender pursuant to 5,637
a previously issued domestic court order. 5,638
(C) Service of a notice required by division (A) or (B) of 5,641
this section shall be effected in the same manner as provided in 5,642
the Rules of Civil Procedure for the service of process. 5,644
(D) Upon the filing of charges under section 2907.02, 5,646
2907.03, 2907.04, or 2907.05 of the Revised Code against a person 5,648
who is a deferred compensation program participant or a member 5,649
of, or receiving a pension benefit, or allowance, other than a 5,650
survivorship benefit, from a public retirement system for an 5,651
offense against a child, student, patient, or other person with 5,652
whom the offender had contact in the context of the offender's 5,653
public employment, the prosecutor shall send written notice that 5,654
charges have been filed against that person to the appropriate
government deferred compensation program or public retirement 5,656
system. The notice shall specifically identify the person
charged.
Sec. 2921.41. (A) No public official or party official 5,665
shall commit any theft offense, as defined in division (K) of 5,666
section 2913.01 of the Revised Code, when either of the following 5,667
applies: 5,668
126
(1) The offender uses the offender's office in aid of 5,670
committing the offense or permits or assents to its use in aid of 5,671
committing the offense; 5,672
(2) The property or service involved is owned by this 5,674
state, any other state, the United States, a county, a municipal 5,675
corporation, a township, or any political subdivision, 5,676
department, or agency of any of them, is owned by a political 5,677
party, or is part of a political campaign fund. 5,678
(B) Whoever violates this section is guilty of theft in 5,680
office. Except as otherwise provided in this division, theft in 5,681
office is a felony of the fifth degree. If the value of property 5,682
or services stolen is five hundred dollars or more and is less 5,683
than five thousand dollars, theft in office is a felony of the 5,684
fourth degree. If the value of property or services stolen is 5,685
five thousand dollars or more, theft in office is a felony of the 5,686
third degree. 5,687
(C)(1) A public official or party official who is 5,689
convicted of or pleads guilty to theft in office is forever 5,690
disqualified from holding any public office, employment, or 5,691
position of trust in this state. 5,692
(2)(a) A court that imposes sentence for a violation of 5,694
this section based on conduct described in division (A)(2) of 5,695
this section shall require the public official or party official 5,696
who is convicted of or pleads guilty to the offense to make 5,697
restitution for all of the property or the service that is the 5,698
subject of the offense, in addition to the term of imprisonment 5,699
and any fine imposed. A court that imposes sentence for a 5,700
violation of this section based on conduct described in division 5,701
(A)(1) of this section and that determines at trial that this 5,702
state or a political subdivision of this state if the offender is 5,703
a public official, or a political party in the United States or 5,704
this state if the offender is a party official, suffered actual 5,705
loss as a result of the offense shall require the offender to 5,706
make restitution to the state, political subdivision, or 5,707
127
political party for all of the actual loss experienced, in 5,708
addition to the term of imprisonment and any fine imposed. 5,709
(b)(i) In any case in which a sentencing court is required 5,711
to order restitution under division (C)(2)(a) of this section and 5,712
in which the offender, at the time of the commission of the 5,713
offense or at any other time, was a member of the public 5,714
employees retirement system, the Ohio police and fire pension 5,716
fund, the state teachers retirement system, the school employees 5,717
retirement system, or the state highway patrol retirement system; 5,718
was an electing employee, as defined in section 3305.01 of the 5,720
Revised Code, participating in an alternative retirement plan
provided pursuant to Chapter 3305. of the Revised Code; was a 5,722
participating employee or continuing member, as defined in 5,724
section 145.71 148.01 of the Revised Code, in a deferred 5,726
compensation program offered by the Ohio public employees 5,727
deferred compensation board; was an officer or employee of a 5,729
municipal corporation who was a participant in a deferred
compensation program offered by that municipal corporation; was 5,730
an officer or employee of a government unit, as defined in 5,732
section 145.74 148.06 of the Revised Code, who was a participant 5,733
in a deferred compensation program offered by that government 5,735
unit, or was a participating employee, continuing member, or 5,736
participant in any deferred compensation program described in 5,737
this division and a member of a retirement system specified in 5,738
this division or a retirement system of a municipal corporation, 5,739
the entity to which restitution is to be made may file a motion 5,740
with the sentencing court specifying any retirement system, any 5,741
entity providing any benefit under an alternative retirement 5,742
plan, and any deferred compensation program of which the offender 5,743
was a member, electing employee, participating employee, 5,744
continuing member, or participant and requesting the court to 5,745
issue an order requiring the specified retirement system, the 5,746
specified entity providing the benefit under the alternative 5,747
retirement plan, or the specified deferred compensation program, 5,748
128
or, if more than one is specified in the motion, the applicable 5,749
combination of these, to withhold the amount required as 5,751
restitution from any payment that is to be made under a pension, 5,752
annuity, or allowance, under a participant account, as defined in 5,753
section 145.71 148.01 of the Revised Code, or under any other 5,754
type of benefit, other than a survivorship benefit, that has been 5,755
or is in the future granted to the offender, from any payment of 5,756
accumulated employee contributions standing to the offender's 5,757
credit with that retirement system, that entity providing the 5,758
payment under the alternative retirement plan, or that deferred 5,759
compensation program, or, if more than one is specified in the 5,760
motion, the applicable combination of these, and from any payment 5,762
of any other amounts to be paid to the offender upon the 5,763
offender's withdrawal of the offender's contributions pursuant to 5,764
Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised 5,766
Code. A motion described in this division may be filed at any 5,767
time subsequent to the conviction of the offender or entry of a 5,768
guilty plea. Upon the filing of the motion, the clerk of the 5,769
court in which the motion is filed shall notify the offender, the 5,770
specified retirement system, the specified entity providing the 5,771
benefit under the alternative retirement plan, or the specified 5,772
deferred compensation program, or, if more than one is specified 5,773
in the motion, the applicable combination of these, in writing, 5,775
of all of the following: that the motion was filed; that the 5,776
offender will be granted a hearing on the issuance of the 5,777
requested order if the offender files a written request for a 5,778
hearing with the clerk prior to the expiration of thirty days 5,779
after the offender receives the notice; that, if a hearing is 5,780
requested, the court will schedule a hearing as soon as possible 5,781
and notify the offender, any specified retirement system, any 5,782
specified entity providing any benefit under an alternative 5,783
retirement plan, and any specified deferred compensation program 5,784
of the date, time, and place of the hearing; that, if a hearing 5,785
is conducted, it will be limited only to a consideration of 5,786
129
whether the offender can show good cause why the requested order 5,787
should not be issued; that, if a hearing is conducted, the court 5,788
will not issue the requested order if the court determines, based 5,789
on evidence presented at the hearing by the offender, that there 5,790
is good cause for the requested order not to be issued; that the 5,791
court will issue the requested order if a hearing is not 5,792
requested or if a hearing is conducted but the court does not 5,793
determine, based on evidence presented at the hearing by the 5,794
offender, that there is good cause for the requested order not to 5,795
be issued; and that, if the requested order is issued, any 5,796
retirement system, any entity providing any benefit under an 5,797
alternative retirement plan, and any deferred compensation 5,798
program specified in the motion will be required to withhold the 5,799
amount required as restitution from payments to the offender. 5,800
(ii) In any case in which a sentencing court is required 5,802
to order restitution under division (C)(2)(a) of this section and 5,803
in which a motion requesting the issuance of a withholding order 5,804
as described in division (C)(2)(b)(i) of this section is filed, 5,805
the offender may receive a hearing on the motion by delivering a 5,806
written request for a hearing to the court prior to the 5,807
expiration of thirty days after the offender's receipt of the 5,808
notice provided pursuant to division (C)(2)(b)(i) of this 5,809
section. If a request for a hearing is made by the offender 5,810
within the prescribed time, the court shall schedule a hearing as 5,811
soon as possible after the request is made and shall notify the 5,812
offender, the specified retirement system, the specified entity 5,813
providing the benefit under the alternative retirement plan, or 5,814
the specified deferred compensation program, or, if more than one 5,816
is specified in the motion, the applicable combination of these, 5,818
of the date, time, and place of the hearing. A hearing scheduled 5,819
under this division shall be limited to a consideration of 5,820
whether there is good cause, based on evidence presented by the 5,821
offender, for the requested order not to be issued. If the court 5,822
determines, based on evidence presented by the offender, that 5,823
130
there is good cause for the order not to be issued, the court 5,824
shall deny the motion and shall not issue the requested order. 5,825
If the offender does not request a hearing within the prescribed 5,826
time or if the court conducts a hearing but does not determine, 5,827
based on evidence presented by the offender, that there is good 5,828
cause for the order not to be issued, the court shall order the 5,829
specified retirement system, the specified entity providing the 5,830
benefit under the alternative retirement plan, or the specified 5,831
deferred compensation program, or, if more than one is specified 5,832
in the motion, the applicable combination of these, to withhold 5,834
the amount required as restitution under division (C)(2)(a) of 5,835
this section from any payments to be made under a pension, 5,836
annuity, or allowance, under a participant account, as defined in 5,837
section 145.71 148.01 of the Revised Code, or under any other 5,838
type of benefit, other than a survivorship benefit, that has been 5,840
or is in the future granted to the offender, from any payment of 5,841
accumulated employee contributions standing to the offender's 5,842
credit with that retirement system, that entity providing the 5,843
benefit under the alternative retirement plan, or that deferred 5,844
compensation program, or, if more than one is specified in the 5,845
motion, the applicable combination of these, and from any payment 5,847
of any other amounts to be paid to the offender upon the 5,848
offender's withdrawal of the offender's contributions pursuant to 5,849
Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised 5,851
Code, and to continue the withholding for that purpose, in 5,852
accordance with the order, out of each payment to be made on or 5,853
after the date of issuance of the order, until further order of 5,854
the court. Upon receipt of an order issued under this division, 5,855
the public employees retirement system, the Ohio police and fire 5,857
pension fund, the state teachers retirement system, the school 5,858
employees retirement system, the state highway patrol retirement 5,859
system, a municipal corporation retirement system, the entity 5,860
providing the benefit under the alternative retirement plan, and 5,861
the deferred compensation program offered by the Ohio public 5,862
131
employees deferred compensation board, a municipal corporation, 5,863
or a government unit, as defined in section 145.74 148.06 of the 5,864
Revised Code, whichever are applicable, shall withhold the amount 5,866
required as restitution, in accordance with the order, from any 5,867
such payments and immediately shall forward the amount withheld 5,868
to the clerk of the court in which the order was issued for 5,869
payment to the entity to which restitution is to be made. 5,870
(iii) Service of a notice required by division 5,872
(C)(2)(b)(i) or (ii) of this section shall be effected in the 5,873
same manner as provided in the Rules of Civil Procedure for the 5,874
service of process. 5,875
(D) Upon the filing of charges against a person under this 5,877
section, the prosecutor, as defined in section 2935.01 of the 5,878
Revised Code, who is assigned the case shall send written notice 5,879
that charges have been filed against that person to the public 5,880
employees retirement system, the Ohio police and fire pension 5,882
fund, the state teachers retirement system, the school employees 5,883
retirement system, the state highway patrol retirement system, 5,884
the entity providing any benefit under an alternative retirement 5,885
plan, any municipal corporation retirement system in this state, 5,886
and the deferred compensation program offered by the Ohio public 5,887
employees deferred compensation board, a municipal corporation, 5,888
or a government unit, as defined in section 145.74 148.06 of the 5,889
Revised Code. The written notice shall specifically identify the 5,890
person charged.
Sec. 3105.171. (A) As used in this section: 5,899
(1) "Distributive award" means any payment or payments, in 5,901
real or personal property, that are payable in a lump sum or over 5,902
time, in fixed amounts, that are made from separate property or 5,903
income, and that are not made from marital property and do not 5,904
constitute payments of spousal support, as defined in section 5,905
3105.18 of the Revised Code. 5,906
(2) "During the marriage" means whichever of the following 5,908
is applicable: 5,909
132
(a) Except as provided in division (A)(2)(b) of this 5,911
section, the period of time from the date of the marriage through 5,912
the date of the final hearing in an action for divorce or in an 5,913
action for legal separation; 5,914
(b) If the court determines that the use of either or both 5,916
of the dates specified in division (A)(2)(a) of this section 5,917
would be inequitable, the court may select dates that it 5,918
considers equitable in determining marital property. If the 5,919
court selects dates that it considers equitable in determining 5,920
marital property, "during the marriage" means the period of time 5,921
between those dates selected and specified by the court. 5,922
(3)(a) "Marital property" means, subject to division 5,924
(A)(3)(b) of this section, all of the following: 5,925
(i) All real and personal property that currently is owned 5,927
by either or both of the spouses, including, but not limited to, 5,928
the retirement benefits of the spouses, and that was acquired by 5,929
either or both of the spouses during the marriage; 5,930
(ii) All interest that either or both of the spouses 5,932
currently has in any real or personal property, including, but 5,933
not limited to, the retirement benefits of the spouses, and that 5,934
was acquired by either or both of the spouses during the 5,935
marriage; 5,936
(iii) Except as otherwise provided in this section, all 5,938
income and appreciation on separate property, due to the labor, 5,939
monetary, or in-kind contribution of either or both of the 5,940
spouses that occurred during the marriage; 5,941
(iv) A participant account, as defined in section 145.71 5,943
148.01 of the Revised Code, of either of the spouses, to the 5,945
extent of the following: the moneys that have been deferred by a 5,946
continuing member or participating employee, as defined in that 5,947
section, and that have been transmitted to the Ohio public 5,948
employees deferred compensation board during the marriage and any 5,949
income that is derived from the investment of those moneys during 5,950
the marriage; the moneys that have been deferred by an officer or 5,951
133
employee of a municipal corporation and that have been 5,952
transmitted to the governing board, administrator, depository, or 5,953
trustee of the deferred compensation program of the municipal 5,954
corporation during the marriage and any income that is derived 5,955
from the investment of those moneys during the marriage; or the 5,956
moneys that have been deferred by an officer or employee of a 5,957
government unit, as defined in section 145.74 148.06 of the 5,958
Revised Code, and that have been transmitted to the governing 5,960
board, as defined in that section, during the marriage and any 5,961
income that is derived from the investment of those moneys during 5,962
the marriage. 5,963
(b) "Marital property" does not include any separate 5,965
property. 5,966
(4) "Passive income" means income acquired other than as a 5,968
result of the labor, monetary, or in-kind contribution of either 5,969
spouse. 5,970
(5) "Personal property" includes both tangible and 5,972
intangible personal property. 5,973
(6)(a) "Separate property" means all real and personal 5,975
property and any interest in real or personal property that is 5,976
found by the court to be any of the following: 5,977
(i) An inheritance by one spouse by bequest, devise, or 5,979
descent during the course of the marriage; 5,980
(ii) Any real or personal property or interest in real or 5,982
personal property that was acquired by one spouse prior to the 5,983
date of the marriage; 5,984
(iii) Passive income and appreciation acquired from 5,986
separate property by one spouse during the marriage; 5,987
(iv) Any real or personal property or interest in real or 5,989
personal property acquired by one spouse after a decree of legal 5,990
separation issued under section 3105.17 of the Revised Code; 5,991
(v) Any real or personal property or interest in real or 5,993
personal property that is excluded by a valid antenuptial 5,994
agreement; 5,995
134
(vi) Compensation to a spouse for the spouse's personal 5,997
injury, except for loss of marital earnings and compensation for 5,998
expenses paid from marital assets; 5,999
(vii) Any gift of any real or personal property or of an 6,001
interest in real or personal property that is made after the date 6,002
of the marriage and that is proven by clear and convincing 6,003
evidence to have been given to only one spouse. 6,004
(b) The commingling of separate property with other 6,006
property of any type does not destroy the identity of the 6,007
separate property as separate property, except when the separate 6,008
property is not traceable. 6,009
(B) In divorce proceedings, the court shall, and in legal 6,011
separation proceedings upon the request of either spouse, the 6,012
court may, determine what constitutes marital property and what 6,013
constitutes separate property. In either case, upon making such 6,014
a determination, the court shall divide the marital and separate 6,015
property equitably between the spouses, in accordance with this 6,016
section. For purposes of this section, the court has 6,017
jurisdiction over all property in which one or both spouses have 6,018
an interest. 6,019
(C)(1) Except as provided in this division or division (E) 6,021
of this section, the division of marital property shall be equal. 6,022
If an equal division of marital property would be inequitable, 6,023
the court shall not divide the marital property equally but 6,024
instead shall divide it between the spouses in the manner the 6,025
court determines equitable. In making a division of marital 6,026
property, the court shall consider all relevant factors, 6,027
including those set forth in division (F) of this section. 6,028
(2) Each spouse shall be considered to have contributed 6,030
equally to the production and acquisition of marital property. 6,031
(3) The court shall provide for an equitable division of 6,033
marital property under this section prior to making any award of 6,034
spousal support to either spouse under section 3105.18 of the 6,035
Revised Code and without regard to any spousal support so 6,036
135
awarded. 6,037
(4) If the marital property includes a participant 6,039
account, as defined in section 145.71 148.01 of the Revised Code, 6,041
the court shall not order the division or disbursement of the 6,042
moneys and income described in division (A)(3)(a)(iv) of this 6,043
section to occur in a manner that is inconsistent with the law, 6,044
rules, or plan governing the deferred compensation program 6,045
involved or prior to the time that the spouse in whose name the 6,046
participant account is maintained commences receipt of the moneys 6,047
and income credited to the account in accordance with that law, 6,048
rules, and plan. 6,049
(D) Except as otherwise provided in division (E) of this 6,051
section or by another provision of this section, the court shall 6,052
disburse a spouse's separate property to that spouse. If a court 6,053
does not disburse a spouse's separate property to that spouse, 6,054
the court shall make written findings of fact that explain the 6,055
factors that it considered in making its determination that the 6,056
spouse's separate property should not be disbursed to that 6,057
spouse. 6,058
(E)(1) The court may make a distributive award to 6,060
facilitate, effectuate, or supplement a division of marital 6,061
property. The court may require any distributive award to be 6,062
secured by a lien on the payor's specific marital property or 6,063
separate property. 6,064
(2) The court may make a distributive award in lieu of a 6,066
division of marital property in order to achieve equity between 6,067
the spouses, if the court determines that a division of the 6,068
marital property in kind or in money would be impractical or 6,069
burdensome. 6,070
(3) If a spouse has engaged in financial misconduct, 6,072
including, but not limited to, the dissipation, destruction, 6,073
concealment, or fraudulent disposition of assets, the court may 6,074
compensate the offended spouse with a distributive award or with 6,075
a greater award of marital property. 6,076
136
(F) In making a division of marital property and in 6,078
determining whether to make and the amount of any distributive 6,079
award under this section, the court shall consider all of the 6,080
following factors: 6,081
(1) The duration of the marriage; 6,083
(2) The assets and liabilities of the spouses; 6,085
(3) The desirability of awarding the family home, or the 6,087
right to reside in the family home for reasonable periods of 6,088
time, to the spouse with custody of the children of the marriage; 6,089
(4) The liquidity of the property to be distributed; 6,091
(5) The economic desirability of retaining intact an asset 6,093
or an interest in an asset; 6,094
(6) The tax consequences of the property division upon the 6,096
respective awards to be made to each spouse; 6,097
(7) The costs of sale, if it is necessary that an asset be 6,099
sold to effectuate an equitable distribution of property; 6,100
(8) Any division or disbursement of property made in a 6,102
separation agreement that was voluntarily entered into by the 6,103
spouses; 6,104
(9) Any other factor that the court expressly finds to be 6,106
relevant and equitable. 6,107
(G) In any order for the division or disbursement of 6,109
property or a distributive award made pursuant to this section, 6,110
the court shall make written findings of fact that support the 6,111
determination that the marital property has been equitably 6,112
divided and shall specify the dates it used in determining the 6,113
meaning of "during the marriage." 6,114
(H) Except as otherwise provided in this section, the 6,116
holding of title to property by one spouse individually or by 6,117
both spouses in a form of co-ownership does not determine whether 6,118
the property is marital property or separate property. 6,119
(I) A division or disbursement of property or a 6,121
distributive award made under this section is not subject to 6,122
future modification by the court. 6,123
137
(J) The court may issue any orders under this section that 6,125
it determines equitable, including, but not limited to, either of 6,126
the following types of orders: 6,127
(1) An order granting a spouse the right to use the 6,129
marital dwelling or any other marital property or separate 6,130
property for any reasonable period of time; 6,131
(2) An order requiring the sale or encumbrancing of any 6,133
real or personal property, with the proceeds from the sale and 6,134
the funds from any loan secured by the encumbrance to be applied 6,135
as determined by the court. 6,136
Sec. 3105.63. (A)(1) A petition for dissolution of 6,145
marriage shall be signed by both spouses and shall have attached 6,146
and incorporated a separation agreement agreed to by both 6,147
spouses. The separation agreement shall provide for a division 6,148
of all property; spousal support; if there are minor children of 6,149
the marriage, the allocation of parental rights and 6,150
responsibilities for the care of the minor children, the 6,151
designation of a residential parent and legal custodian of the 6,152
minor children, child support, and visitation rights; and, if the 6,153
spouses so desire, an authorization for the court to modify the 6,154
amount or terms of spousal support provided in the separation 6,155
agreement. If there are minor children of the marriage, the 6,156
spouses may address the allocation of the parental rights and 6,157
responsibilities for the care of the minor children by including 6,158
in the separation agreement a plan under which both parents will 6,159
have shared rights and responsibilities for the care of the minor 6,160
children. The spouses shall file the plan with the petition for 6,161
dissolution of marriage and shall include in the plan the 6,162
provisions described in division (G) of section 3109.04 of the 6,163
Revised Code. 6,164
(2) The division of property in the separation agreement 6,166
shall include any participant account, as defined in section 6,167
145.71 148.01 of the Revised Code, of either of the spouses, to 6,169
the extent of the following: 6,170
138
(a) The moneys that have been deferred by a continuing 6,172
member or participating employee, as defined in that section, and 6,173
that have been transmitted to the Ohio public employees deferred 6,174
compensation board during the marriage and any income that is 6,175
derived from the investment of those moneys during the marriage; 6,176
(b) The moneys that have been deferred by an officer or 6,178
employee of a municipal corporation and that have been 6,179
transmitted to the governing board, administrator, depository, or 6,180
trustee of the deferred compensation program of the municipal 6,181
corporation during the marriage and any income that is derived 6,182
from the investment of those moneys during the marriage; 6,183
(c) The moneys that have been deferred by an officer or 6,185
employee of a government unit, as defined in section 145.74 6,186
148.06 of the Revised Code, and that have been transmitted to the 6,188
governing board, as defined in that section, during the marriage 6,189
and any income that is derived from the investment of those 6,190
moneys during the marriage. 6,191
(3) The separation agreement shall not require or permit 6,193
the division or disbursement of the moneys and income described 6,194
in division (A)(2) of this section to occur in a manner that is 6,195
inconsistent with the law, rules, or plan governing the deferred 6,196
compensation program involved or prior to the time that the 6,197
spouse in whose name the participant account is maintained 6,198
commences receipt of the moneys and income credited to the 6,199
account in accordance with that law, rules, and plan. 6,200
(B) An amended separation agreement may be filed at any 6,202
time prior to or during the hearing on the petition for 6,203
dissolution of marriage. Upon receipt of a petition for 6,204
dissolution of marriage, the court may cause an investigation to 6,205
be made pursuant to the Rules of Civil Procedure. 6,206
(C) If a petition for dissolution of marriage contains an 6,208
authorization for the court to modify the amount or terms of 6,209
spousal support provided in the separation agreement, the 6,210
modification shall be in accordance with section 3105.18 of the 6,211
139
Revised Code. 6,212
Sec. 3307.661. On the death of a retirant or disability 6,221
benefit recipient who at the time of death is receiving, under 6,222
the plan described in sections 3307.50 to 3307.79 of the Revised 6,223
Code, a service retirement allowance or disability benefit, the 6,225
state teachers retirement system shall make a lump-sum payment of 6,226
one thousand dollars to any designated or qualified beneficiary 6,227
under division (D) of section 3307.562 of the Revised Code. If 6,228
there is no beneficiary, the state teachers retirement board may 6,230
approve payment to either the person responsible for the burial 6,231
expenses or to the decedent's estate following the completion of 6,232
an application on a form approved by the board. 6,233
A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE 6,235
INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY 6,236
FROM CONTRIBUTIONS MADE UNDER SECTION 3307.28 OF THE REVISED CODE 6,237
ON BEHALF OF MEMBERS PARTICIPATING IN THE PLAN DESCRIBED IN 6,238
SECTIONS 3307.50 TO 3307.79 OF THE REVISED CODE, AND ANY EARNINGS
ATTRIBUTABLE TO THOSE CONTRIBUTIONS. 6,239
Sec. 3307.761. (A) A member of the state teachers 6,249
retirement system participating in the plan described in sections 6,250
3307.50 to 3307.79 of the Revised Code who has contributions on 6,251
deposit with the Ohio police and fire pension fund or the state 6,252
highway patrol retirement system shall, in computing years of 6,253
total service, be given full credit for service credit earned 6,254
under Chapter 742. or 5505. of the Revised Code or purchased for 6,258
service in the armed forces of the United States if a transfer to 6,261
the state teachers retirement system is made under this division. 6,262
At the request of the member, the Ohio police and fire pension 6,264
fund or state highway patrol retirement system shall transfer to 6,265
the state teachers retirement system, for each year of service, 6,266
the sum of the following: 6,267
(1) An amount equal to the member's payments for service 6,270
in the armed forces of the United States and accumulated 6,272
contributions to the transferring fund or system, ANY PAYMENTS BY 6,273
140
THE MEMBER FOR SERVICE IN THE ARMED FORCES OF THE UNITED STATES, 6,275
AND ANY AMOUNTS PAID UNDER SECTION 742.375 OR 5505.201 OF THE 6,276
REVISED CODE TO PURCHASE SERVICE CREDIT;
(2) An amount equal to the lesser of the employer's 6,278
contributions to the Ohio police and fire pension fund or state 6,280
highway patrol retirement system or the amount that would have 6,281
been contributed by the employer for the service had the member 6,282
been a member of the state teachers retirement system; 6,283
(3) Interest, determined as provided in division (E) of 6,286
this section, on the amounts specified in divisions (A)(1) and 6,288
(2) of this section from the last day of the year for which the 6,290
service credit IN THE TRANSFERRING FUND OR SYSTEM was earned or 6,291
in which military service credit OR SERVICE CREDIT UNDER SECTION 6,292
742.35 OR 5505.201 OF THE REVISED CODE was purchased or obtained 6,293
to the date the transfer is made. 6,295
(B) A member participating in the plan described in 6,297
sections 3307.50 to 3307.79 of the Revised Code who has at least 6,299
eighteen months of contributing service with the state teachers 6,300
retirement system, is a former member of the Ohio police and fire 6,302
pension fund or state highway patrol retirement system, and has 6,304
received a refund of contributions to that fund or system shall, 6,305
in computing years of total service, be given full credit for 6,306
service credit earned under Chapter 742. or 5505. of the Revised 6,308
Code or purchased for service in the armed forces of the United 6,311
States if, for each year of service, the state teachers 6,313
retirement system receives the sum of the following: 6,314
(1) An amount, which shall be paid by the member, equal to 6,317
the amount refunded by the Ohio police and fire pension fund or 6,318
the state highway patrol retirement system to the member for that 6,319
year for accumulated contributions and payments for purchase of 6,320
credit for service in the armed forces of the United States, with 6,322
interest on that amount from the date of the refund to the date 6,324
of the payment; 6,325
(2) Interest, which shall be transferred by the Ohio 6,328
141
police and fire pension fund or state highway patrol retirement 6,331
system, on the amount refunded to the member that is attributable
to the year of service from the last day of the year for which 6,333
the service credit was earned or in which military service credit 6,334
was purchased or obtained to the date the refund was made; 6,336
(3) An amount, which shall be transferred by the Ohio 6,338
police and fire pension fund or state highway patrol retirement 6,340
system, equal to the lesser of the amount contributed by the 6,341
employer to the Ohio police and fire pension fund or state 6,342
highway patrol retirement system for that year or the amount that 6,343
would have been contributed by the employer for the year had the 6,344
member been a member of the state teachers retirement system, 6,345
with interest on that amount from the last day of the year for 6,348
which the service credit was earned or in which military service 6,349
credit was purchased or obtained to the date of the transfer. 6,351
On receipt of payment from the member, the state teachers 6,354
retirement system shall notify the Ohio police and fire pension 6,356
fund or the state highway patrol retirement system, which, on 6,357
receipt of the notice, shall make the transfer required by this 6,358
division. Interest shall be determined as provided in division 6,359
(E) of this section. 6,360
A member may choose to purchase only part of the credit the 6,363
member is eligible to purchase under this division in any one 6,364
payment, subject to rules of the state teachers retirement board. 6,365
(C) A member is ineligible to obtain credit under this 6,368
section for service that is used in the calculation of any 6,369
retirement benefit currently being paid or payable in the future. 6,370
(D) If a member of the state teachers retirement system 6,373
who is not a current contributor elects to obtain credit under 6,374
section 742.379 or 5505.202 of the Revised Code for service for 6,375
which the member contributed to the state teachers retirement 6,376
system or purchased credit for service in the armed forces of the 6,377
United States, the state teachers retirement system shall 6,380
transfer to the Ohio police and fire pension fund or state 6,381
142
highway patrol retirement system, as applicable, the amount 6,382
specified in division (D) of section 742.379 or division (B)(2) 6,384
of section 5505.202 of the Revised Code. 6,385
(E) Interest charged under this section shall be 6,388
calculated separately for each year of service credit at the 6,389
lesser of the actuarial assumption rate for that year of the 6,390
state teachers retirement system or of the fund or retirement 6,391
system in which the credit was earned. The interest shall be 6,392
compounded annually. 6,393
(F) The state teachers retirement board shall credit to a 6,396
member's account in the teachers' savings fund the amounts 6,397
described in divisions (A)(1) and (B)(1) of this section, except 6,399
that the interest paid by the member under division (B)(1) of 6,400
this section shall be credited to the employers' trust fund. The 6,402
board shall credit to the employers' trust fund the amounts
described in divisions (A)(2), (3), and (B)(2) of this section. 6,405
Sec. 3309.351. (A) A member of the school employees 6,414
retirement system who has contributions on deposit with the Ohio 6,415
police and fire pension fund or the state highway patrol 6,416
retirement system shall, in computing years of total service, be 6,418
given full credit for service credit earned under Chapter 742. or 6,419
5505. of the Revised Code or purchased for service in the armed 6,421
forces of the United States if a transfer to the school employees 6,422
retirement system is made under this division. At the request of 6,423
the member, the Ohio police and fire pension fund or state 6,425
highway patrol retirement system shall transfer to the school 6,427
employees retirement system, for each year of service, the sum of 6,428
the following: 6,429
(1) An amount equal to the member's payments for service 6,431
in the armed forces of the United States and accumulated 6,432
contributions to the transferring fund or system, ANY PAYMENTS BY 6,433
THE MEMBER FOR SERVICE IN THE ARMED FORCES OF THE UNITED STATES, 6,434
AND ANY AMOUNTS PAID UNDER SECTION 742.375 OR 5505.201 OF THE 6,435
REVISED CODE TO PURCHASE SERVICE CREDIT; 6,436
143
(2) An amount equal to the lesser of the employer's 6,438
contributions to the Ohio police and fire pension fund or state 6,440
highway patrol retirement system or the amount that would have 6,442
been contributed by the employer for the service had the member 6,443
been a member of the school employees retirement system; 6,444
(3) Interest, determined as provided in division (E) of 6,446
this section, on the amounts specified in divisions (A)(1) and 6,447
(2) of this section from the last day of the year for which the 6,450
service credit IN THE TRANSFERRING FUND OR SYSTEM was earned or 6,451
in which military service credit OR SERVICE CREDIT UNDER SECTION 6,452
742.375 OR 5505.201 OF THE REVISED CODE was purchased or obtained 6,453
to the date the transfer is made. 6,454
(B) A member who has at least eighteen months of 6,456
contributing service with the school employees retirement system, 6,457
is a former member of the Ohio police and fire pension fund or 6,459
state highway patrol retirement system, and has received a refund 6,460
of contributions to that fund or system shall, in computing years 6,461
of total service, be given full credit for service credit earned 6,462
under Chapter 742. or 5505. of the Revised Code or purchased for 6,464
service in the armed forces of the United States if, for each 6,465
year of service, the school employees retirement system receives
the sum of the following: 6,466
(1) An amount, which shall be paid by the member, equal to 6,468
the amount refunded by the Ohio police and fire pension fund or 6,469
the state highway patrol retirement system to the member for that 6,471
year for accumulated contributions and payments for purchase of 6,472
credit for service in the armed forces of the United States, with 6,473
interest on that amount from the date of the refund to the date 6,476
of the payment; 6,477
(2) Interest, which shall be transferred by the Ohio 6,480
police and fire pension fund or state highway patrol retirement 6,483
system, on the amount refunded to the member that is attributable
to the year of service from the last day of the year for which 6,485
the service credit was earned or in which military service credit 6,486
144
was purchased or obtained to the date the refund was made; 6,488
(3) An amount, which shall be transferred by the Ohio 6,490
police and fire pension fund or state highway patrol retirement 6,491
system, that is equal to the lesser of the amount contributed by 6,493
the employer to the Ohio police and fire pension fund or state 6,495
highway patrol retirement system for that year or the amount that 6,497
would have been contributed by the employer for the year had the 6,498
member been a member of the school employees retirement system, 6,499
with interest on that amount from the last day of the year for 6,501
which the service credit was earned or in which military service 6,502
credit was purchased or obtained to the date of the transfer. 6,503
On receipt of payment from the member, the school employees 6,505
retirement system shall notify the Ohio police and fire pension 6,506
fund or the state highway patrol retirement system, which, on 6,508
receipt of the notice, shall make the transfer required by this 6,509
division. Interest shall be determined as provided in division 6,510
(E) of this section. The member may choose to purchase only part 6,511
of such credit in any one payment, subject to board rules. 6,512
(C) A member is ineligible to obtain service credit under 6,515
this section for service that is used in the calculation of any 6,516
retirement benefit currently being paid or payable in the future 6,517
to the member. 6,518
Service credit obtained under this section shall be 6,520
considered the equivalent of Ohio service credit. 6,521
(D) If a member of the school employees retirement system 6,523
who is not a current contributor elects to obtain credit under 6,524
section 742.379 or 5505.202 of the Revised Code for service for 6,525
which the member contributed to the school employees retirement 6,527
system or purchased credit for service in the armed forces of the 6,528
United States, the school employees retirement system shall 6,529
transfer to the Ohio police and fire pension fund or state 6,531
highway patrol retirement system, as applicable, the amount
specified in division (D) of section 742.379 or division (B)(2) 6,532
of section 5505.202 of the Revised Code. 6,533
145
(E) Interest charged under this section shall be 6,536
calculated separately for each year of service credit at the
lesser of the actuarial assumption rate for that year of the 6,537
school employees retirement system or of the fund or retirement 6,538
system in which the credit was earned. The interest shall be 6,539
compounded annually.
Sec. 3309.50. Upon the death of a retirant or disability 6,548
benefit recipient, who at the time of death is receiving a 6,549
service retirement allowance or disability benefit from the 6,550
school employees retirement system, a lump-sum payment of one 6,551
thousand dollars shall be paid to any designated or qualified 6,552
beneficiary under division (D) of section 3309.44 of the Revised 6,553
Code, or, if no such designation has been filed or if the 6,554
designated beneficiary is deceased or is not located within 6,555
ninety days, the school employees retirement board may approve 6,556
payment to either the person responsible for the burial expenses 6,557
or to the decedent's estate following the completion of an 6,558
application on a form approved by the board.
A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE 6,560
INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY 6,561
FROM CONTRIBUTIONS MADE UNDER SECTION 3309.49 OF THE REVISED CODE 6,562
AND ANY EARNINGS ATTRIBUTABLE TO THOSE CONTRIBUTIONS. 6,563
Sec. 3375.411. A board of library trustees of a free 6,572
public library, appointed pursuant to the provisions of sections 6,573
3375.06, 3375.08, 3375.12, 3375.15, and 3375.22 of the Revised 6,574
Code, which has not less than seventy-five full-time employees, 6,575
and which, prior to September 16, 1943, was providing for 6,576
retirement of the employees of such library with annuities, 6,577
insurance, or other provisions, under authority granted by former 6,578
section 7889 of the General Code, may provide such retirement, 6,579
insurance, or other provisions in the same manner authorized by 6,580
former section 7889 of the General Code, as follows: the library 6,581
board of such library which has appropriated and paid the board's 6,582
portion provided in such system or plan, may continue to 6,583
146
appropriate and pay the board's portion provided in such system 6,584
or plan out of the funds received to the credit of such board by 6,585
taxation or otherwise. Each employee of such library who is to 6,586
be included in a system of retirement shall contribute to the 6,587
retirement fund not less than four per cent per annum of his THE 6,588
EMPLOYEE'S salary from the time of his eligibility to join the 6,590
retirement system to the time of his retirement. If a group 6,591
insurance plan is installed by any library, not less than fifty 6,592
per cent of the cost of such insurance shall be borne by the 6,593
employees included in such plan. 6,594
Provided, any employee whose employment by said library 6,596
began on or after September 16, 1943, may exempt himself SELF 6,597
from inclusion in such retirement system, or withdraw from such 6,599
retirement system. Upon such exemption or withdrawal, such 6,600
person shall become a member of the public employees retirement 6,601
system in accordance with sections 145.02, 145.03, and 145.28 of 6,602
the Revised Code, respectively. All employees appointed for the 6,603
first time on and after January 1, 1956 shall, for retirement 6,604
purposes, be eligible only for membership in the public employees 6,605
retirement system as provided in sections 145.01 to 145.57, 6,606
inclusive, CHAPTER 145. of the Revised Code. 6,607
A library board which provides for the retirement of its 6,609
employees with annuities, insurance, or other provisions under 6,610
the authority granted by this section may, pursuant to a board 6,611
resolution adopted within thirty days after the effective date of 6,612
this section, terminate such retirement plan. Upon the effective 6,613
date of such termination, which is specified in the resolution, 6,614
each employee covered by such retirement plan shall become a 6,615
member of the public employees retirement system. 6,616
Sec. 3381.13. All employees of a regional arts and 6,625
cultural district shall be considered public employees within the 6,626
meaning of section 145.01 of the Revised Code and its employees 6,627
shall be subject to sections 145.01 to 145.58 CHAPTER 145. of the 6,629
Revised Code.
147
Sec. 5505.202. (A) As used in this section: 6,638
(1) "Full-time service" means full-time service as defined 6,640
by rule which shall be adopted by the state highway patrol 6,641
retirement board. 6,642
(2) "Qualified contributions" means contributions to the 6,644
public employees retirement system, state teachers retirement 6,645
system, or school employees retirement system attributable to 6,646
full-time service or purchase of credit for service in the armed 6,647
forces of the United States. 6,648
(B)(1) For purposes of computing the pension payable under 6,651
section 5505.17 or 5505.18 of the Revised Code, a member of the 6,652
state highway patrol retirement system who is a former member of 6,653
the public employees retirement system, school employees 6,654
retirement system, or state teachers retirement system and has 6,656
received a return of contributions from the former retirement 6,658
system shall be given full credit for service credit earned for 6,659
full-time service as a member of the former retirement system or 6,660
purchased for service in the armed forces of the United States 6,663
if, for each year of service credit, the state highway patrol 6,664
retirement system receives the sum of the following: 6,665
(a) An amount, which shall be paid by the member to the 6,669
member's credit in the employees savings fund, equal to the 6,671
amount received by the member from the former retirement system 6,673
for that year that is attributable to contributions made for 6,675
full-time service and payments for credit purchased for service 6,676
in the armed forces of the United States, plus interest on that 6,678
amount from the date payment was made to the member by the former 6,680
retirement system to the date the member makes the payment to the 6,682
state highway patrol retirement system;
(b) Interest, which shall be transferred by the former 6,685
retirement system, on the amount received by the member that is 6,686
attributable to the year of service from the last day of the year 6,687
for which the service credit was earned or in which the military
service credit was purchased or obtained to the date the amount 6,688
148
was paid to the member; 6,689
(c) An amount, which shall be transferred by the former 6,691
retirement system, equal to the lesser of the employer's 6,692
qualified contributions to the former retirement system for the 6,693
year of service or the amount that would have been contributed by 6,695
the employer for the year of service had the member been a member 6,696
of the state highway patrol retirement system, with interest on 6,697
that amount from the last day of the year for which the service 6,699
credit was earned or in which military service credit was 6,700
purchased or obtained to the date the transfer is made. 6,701
On receipt of payment from the member, the state highway 6,704
patrol retirement system shall notify the former retirement 6,705
system, which, on receipt of the notice, shall make the transfer 6,706
required by this division. Interest shall be determined in 6,707
accordance with division (E) of this section. 6,708
(2) For purposes of computing the pension payable under 6,710
section 5505.17 or 5505.18 of the Revised Code, a member of the 6,713
state highway patrol retirement system who has contributions on 6,715
deposit with the public employees retirement system, school 6,716
employees retirement system, or state teachers retirement system 6,717
shall be given full credit for service credit earned for 6,718
full-time service as a member of that retirement system or, ANY 6,720
SERVICE CREDIT purchased for service in the armed forces of the 6,721
United States, AND ANY SERVICE CREDIT OBTAINED UNDER SECTION 6,723
145.295, 3307.761, OR 3309.381 OF THE REVISED CODE FOR SERVICE 6,724
FOR WHICH CONTRIBUTIONS WERE MADE TO THE OHIO POLICE AND FIRE 6,725
PENSION FUND. THE CREDIT SHALL BE GIVEN if, for each year of 6,726
service, the public employees retirement system, school employees 6,728
retirement system, or state teachers retirement system transfers 6,729
to the state highway patrol retirement system the sum of the 6,730
following:
(a) An amount equal to the member's qualified 6,733
contributions;
(b) An amount equal to the lesser of the employer's 6,735
149
qualified contributions to the public employees retirement 6,736
system, school employees retirement system, or state teachers 6,737
retirement system or the amount that would have been contributed 6,739
by the employer for the full-time service had the member been a 6,740
member of the state highway patrol retirement system; 6,741
(c) AN AMOUNT EQUAL TO ANY AMOUNT RECEIVED BY THE 6,743
RETIREMENT SYSTEM UNDER SECTION 145.295, 3307.761, OR 3309.351 OF 6,744
THE REVISED CODE;
(d) Interest, determined in accordance with division (E) 6,747
of this section, on the amounts specified in divisions (B)(2)(a) 6,748
and, (b), AND (c) of this section from the last day of the year 6,752
for which the service credit IN THE TRANSFERRING RETIREMENT
SYSTEM was earned or in which military service credit OR SERVICE 6,754
CREDIT UNDER SECTION 145.295, 3307.761, OR 3309.351 OF THE 6,755
REVISED CODE was purchased or obtained to the date the transfer 6,756
is made.
On receipt of a request from the member, the appropriate 6,759
retirement system shall make the transfer.
(3) For purposes of computing the pension payable under 6,761
section 5505.17 or 5505.18 of the revised Code, a member of the 6,764
state highway patrol retirement system who has contributions on 6,765
deposit with the Cincinnati retirement system shall be given full 6,767
credit for service credit earned for full-time service as a 6,768
member of that retirement system or purchased from the retirement 6,769
system for service in the armed forces of the United States if, 6,771
for each year of service credit, the state highway patrol 6,772
retirement system receives the sum of the following: 6,773
(a) An amount, which shall be paid by the member to the 6,776
member's credit in the employees savings fund, equal to the 6,777
amount withdrawn from the Cincinnati retirement system that is 6,779
attributable to that year of service, with interest on that
amount determined in accordance with division (I) of this section 6,781
from the date of withdrawal to the date of payment; 6,782
(b) Interest, which shall be paid either by the member or 6,785
150
the Cincinnati retirement system, on the amount withdrawn from 6,786
the Cincinnati retirement system that is attributable to the year 6,788
of service from the last day of the year for which the service
credit was earned or in which the military service credit was 6,789
purchased or obtained to the date the amount was withdrawn; 6,791
(c) An amount, which shall be paid either by the member or 6,794
the Cincinnati retirement system, equal to the lesser of the 6,796
amount contributed by the employer to the Cincinnati retirement 6,797
system for the year of service or the amount that would have been 6,799
contributed by the employer for the year of service had the
member been a member of the state highway patrol retirement 6,800
system, with interest on that amount from the last day of the 6,803
year for which the service credit was earned or in which military 6,804
service was purchased or obtained to the date the payment is 6,805
made.
(C) If a member who is not a current contributor and has 6,807
not received a refund of accumulated contributions elects to 6,810
receive credit under section 145.295, 3307.761, or 3309.351 of 6,811
the Revised Code for service for which the member contributed to 6,813
the state highway patrol retirement system and credit purchased 6,815
for service in the armed forces of the United States, the state 6,816
highway patrol retirement system shall transfer to the 6,818
appropriate retirement system the amount specified in division 6,819
(A) of section 145.295, division (A) of section 3307.761, or 6,821
division (A) of section 3309.351 of the Revised Code. 6,823
(D)(1) A member is ineligible to purchase or otherwise 6,825
receive credit under this section for service that is used in the 6,826
calculation of any retirement benefit currently being paid or 6,827
that is payable in the future to the member, or service rendered 6,828
concurrently with any other period for which service credit has 6,829
already been granted. 6,830
(2) Except as provided under division (D)(3) of this 6,832
section, no service credit purchased under this section or 6,833
received as a result of a transfer requested under this section 6,834
151
shall be used to determine any member's eligibility for 6,835
retirement under sections 5505.16 and 5505.17 of the Revised 6,836
Code.
(3) Service credit obtained under this section by a member 6,838
for credit purchased for service in the armed forces of the 6,839
United States or for service as a state highway patrol cadet 6,841
attending training school pursuant to section 5503.05 of the 6,842
Revised Code shall be used to determine the member's eligibility 6,844
for retirement under sections 5505.16 and 5505.17 of the Revised 6,845
Code.
(4) Subject to rules of the state highway patrol 6,847
retirement system, a member may choose to purchase only part of 6,848
the credit the member is eligible to purchase under division 6,849
(B)(1) or (3) of this section. 6,851
(E) At the request of the state highway patrol retirement 6,853
system, the public employees retirement system, school employees 6,854
retirement system, state teachers retirement system, or 6,855
Cincinnati retirement system shall certify to the state highway 6,857
patrol retirement system a copy of the records of service, 6,858
salary, and contributions of a member who seeks service credit 6,859
under this section.
Interest charged under this section shall be calculated 6,862
separately for each year of service credit at the lesser of the 6,863
actuarial assumption rate for that year of the state highway 6,864
patrol retirement system or of the retirement system in which the 6,865
credit was earned. The interest shall be compounded annually. 6,866
The state highway patrol retirement system board may adopt 6,868
rules establishing procedures for the purchase of service credit 6,870
or the transfer of contributions under this section. 6,871
Sec. 5505.30. On the death of a person who at the time of 6,880
death is receiving a pension from the state highway patrol 6,882
retirement system under division (A)(1) or (2) of section 5505.17 6,883
or section 5505.18 of the Revised Code, a lump-sum payment of 6,885
five thousand dollars shall be paid to the retirant's surviving 6,886
152
spouse. If there is no surviving spouse, the payment shall be 6,887
made to the retirant's estate. 6,888
Application for the payment shall be made on a form 6,890
provided by the state highway patrol retirement board. 6,891
A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE 6,893
INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY 6,894
FROM CONTRIBUTIONS MADE UNDER DIVISION (B) OF SECTION 5505.15 OF 6,895
THE REVISED CODE AND ANY EARNINGS ATTRIBUTABLE TO THOSE 6,896
CONTRIBUTIONS.
Sec. 6121.04. The Ohio water development authority may do 6,905
any or all of the following: 6,906
(A) Adopt bylaws for the regulation of its affairs and the 6,908
conduct of its business; 6,909
(B) Adopt an official seal; 6,911
(C) Maintain a principal office and suboffices at places 6,913
within the state that it designates; 6,914
(D) Sue and plead in its own name and be sued and 6,916
impleaded in its own name with respect to its contracts or torts 6,918
of its members, employees, or agents acting within the scope of 6,919
their employment, or to enforce its obligations and covenants 6,920
made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in 6,921
the court of common pleas of the county in which the principal 6,922
office of the authority is located or in the court of common 6,923
pleas of the county in which the cause of action arose, provided 6,924
that the county is located within this state, and all summonses, 6,925
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with 6,926
the person in charge thereof or with the secretary-treasurer of 6,927
the authority.
(E) Make loans and grants to governmental agencies for the 6,929
acquisition or construction of water development projects by any 6,930
such governmental agency and adopt rules and procedures for 6,931
making such loans and grants;
153
(F) Acquire, construct, reconstruct, enlarge, improve, 6,933
furnish, equip, maintain, repair, operate, or lease or rent to, 6,934
or contract for operation by, a governmental agency or person, 6,935
water development projects, and establish rules for the use of 6,936
those projects;
(G) Make available the use or services of any water 6,938
development project to one or more persons, one or more 6,939
governmental agencies, or any combination thereof; 6,940
(H) Issue water development revenue bonds and notes and 6,942
water development revenue refunding bonds of the state, payable 6,943
solely from revenues as provided in section 6121.06 of the 6,944
Revised Code, unless the bonds are refunded by refunding bonds, 6,945
for the purpose of paying any part of the cost of one or more
water development projects or parts thereof; 6,946
(I) Acquire by gift or purchase, hold, and dispose of real 6,948
and personal property in the exercise of its powers and the 6,949
performance of its duties under this chapter; 6,950
(J) Acquire, in the name of the state, by purchase or 6,952
otherwise, on terms and in the manner that it considers proper, 6,954
or by the exercise of the right of condemnation in the manner 6,955
provided by section 6121.18 of the Revised Code, public or 6,956
private lands, including public parks, playgrounds, or 6,957
reservations, or parts thereof or rights therein, rights-of-way, 6,958
property, rights, easements, and interests that it considers 6,959
necessary for carrying out this chapter, but excluding the 6,961
acquisition by the exercise of the right of condemnation of any 6,962
waste water facility or water management facility owned by any 6,963
person or governmental agency, and compensation shall be paid for
public or private lands so taken, except that a government-owned 6,964
waste water facility may be appropriated in accordance with 6,965
section 6121.041 of the Revised Code;
(K) Adopt rules to protect augmented flow in waters of the 6,967
state, to the extent augmented by a water development project, 6,968
from depletion so it will be available for beneficial use, and to 6,969
154
provide standards for the withdrawal from waters of the state of 6,970
the augmented flow created by a water development project that is 6,971
not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by 6,972
the authority; 6,973
(L) Make and enter into all contracts and agreements and 6,975
execute all instruments necessary or incidental to the 6,976
performance of its duties and the execution of its powers under 6,977
this chapter in accordance with the following requirements: 6,978
(1) When the cost under any such contract or agreement, 6,980
other than compensation for personal services, involves an 6,981
expenditure of more than ten thousand dollars, the authority 6,982
shall make a written contract with the lowest responsive and 6,983
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two 6,984
consecutive weeks in a newspaper of general circulation in 6,985
Franklin county, and in other publications that the authority 6,986
determines, which shall state the general character of the work 6,988
and the general character of the materials to be furnished, the 6,989
place where plans and specifications therefor may be examined,
and the time and place of receiving bids, provided that a 6,990
contract or lease for the operation of a water development 6,991
project constructed and owned by the authority or an agreement 6,992
for cooperation in the acquisition or construction of a water 6,993
development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development 6,994
project that is to be leased by the authority to, and operated 6,995
by, persons who are not governmental agencies and the cost of the 6,996
project is to be amortized exclusively from rentals or other 6,997
charges paid to the authority by persons who are not governmental 6,998
agencies is not subject to the foregoing requirements and the 6,999
authority may enter into such a contract or lease or such an
agreement pursuant to negotiation and upon terms and conditions 7,000
and for the period that it finds to be reasonable and proper in 7,002
155
the circumstances and in the best interests of proper operation 7,004
or of efficient acquisition or construction of the project. 7,005
(2) Each bid for a contract for the construction, 7,007
demolition, alteration, repair, or reconstruction of an 7,008
improvement shall contain the full name of every person 7,009
interested in it and shall meet the requirements of section
153.54 of the Revised Code. 7,010
(3) Each bid for a contract except as provided in division 7,012
(L)(2) of this section shall contain the full name of every 7,013
person or company interested in it and shall be accompanied by a 7,014
sufficient bond or certified check on a solvent bank that if the 7,015
bid is accepted, a contract will be entered into and the 7,016
performance thereof secured.
(4) The authority may reject any and all bids. 7,018
(5) A bond with good and sufficient surety, approved by 7,020
the authority, shall be required of every contractor awarded a 7,021
contract except as provided in division (L)(2) of this section, 7,022
in an amount equal to at least fifty per cent of the contract 7,023
price, conditioned upon the faithful performance of the contract. 7,024
(M) Employ managers, superintendents, and other employees 7,026
and retain or contract with consulting engineers, financial 7,027
consultants, accounting experts, architects, attorneys, and other 7,028
consultants and independent contractors that are necessary in its 7,030
judgment to carry out this chapter, and fix the compensation 7,031
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under 7,032
this chapter, from revenues, or from funds appropriated for that 7,033
purpose by the general assembly. 7,034
(N) Receive and accept from any federal agency, subject to 7,036
the approval of the governor, grants for or in aid of the 7,037
construction of any water development project or for research and 7,038
development with respect to waste water or water management 7,039
facilities, and receive and accept aid or contributions from any 7,040
source of money, property, labor, or other things of value, to be 7,041
156
held, used, and applied only for the purposes for which the
grants and contributions are made; 7,042
(O) Engage in research and development with respect to 7,044
waste water or water management facilities; 7,045
(P) Purchase fire and extended coverage and liability 7,047
insurance for any water development project and for the principal 7,048
office and suboffices of the authority, insurance protecting the 7,049
authority and its officers and employees against liability for 7,050
damage to property or injury to or death of persons arising from 7,051
its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development 7,052
revenue bonds or in any trust agreement securing the same; 7,053
(Q) Charge, alter, and collect rentals and other charges 7,055
for the use or services of any water development project as 7,056
provided in section 6121.13 of the Revised Code; 7,057
(R) Provide coverage for its employees under sections 7,059
145.01 to 145.58 and Chapters 145., 4123., and 4141. of the 7,062
Revised Code;
(S) Assist in the implementation and administration of the 7,064
drinking water assistance fund and program created in section 7,065
6109.22 of the Revised Code and the water pollution control loan 7,066
fund and program created in section 6111.036 of the Revised Code, 7,067
including, without limitation, performing or providing fiscal 7,068
management for the funds and investing and disbursing moneys in
the funds, and enter into all necessary and appropriate 7,069
agreements with the director of environmental protection for 7,070
those purposes;
(T) Issue water development revenue bonds and notes of the 7,072
state in principal amounts that are necessary for the purpose of 7,073
raising moneys for the sole benefit of the water pollution 7,074
control loan fund created in section 6111.036 of the Revised 7,075
Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds 7,076
and notes may be secured by appropriate trust agreements and 7,077
157
repaid from moneys credited to the fund from payments of 7,078
principal and interest on loans made from the fund, as provided 7,079
in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the 7,081
state in principal amounts that are necessary for the purpose of 7,082
raising moneys for the sole benefit of the drinking water 7,083
assistance fund created in section 6109.22 of the Revised Code, 7,084
including moneys to meet the requirement for providing matching 7,085
moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and 7,086
repaid from moneys credited to the fund from payments of 7,087
principal and interest on loans made from the fund, as provided 7,088
in division (F) of section 6109.22 of the Revised Code. 7,089
(V) Make loans to and enter into agreements with boards of 7,091
county commissioners for the purposes of section 1507.071 of the 7,092
Revised Code and adopt rules establishing requirements and 7,093
procedures for making the loans and entering into the agreements; 7,094
(W) Do all acts necessary or proper to carry out the 7,096
powers expressly granted in this chapter. 7,097
Any instrument by which real property is acquired pursuant 7,099
to this section shall identify the agency of the state that has 7,100
the use and benefit of the real property as specified in section 7,101
5301.012 of the Revised Code.
Section 2. That existing sections 124.24, 145.01, 145.04, 7,103
145.05, 145.06, 145.07, 145.09, 145.12, 145.14, 145.19, 145.20, 7,104
145.21, 145.22, 145.23, 145.25, 145.26, 145.27, 145.29, 145.291, 7,105
145.295, 145.297, 145.322, 145.325, 145.33, 145.331, 145.34, 7,107
145.36, 145.361, 145.38, 145.391, 145.41, 145.42, 145.45, 7,108
145.451, 145.452, 145.46, 145.47, 145.48, 145.491, 145.53, 7,109
145.55, 145.56, 145.563, 145.59, 145.71, 145.72, 145.73, 145.74, 7,110
145.75, 145.76, 306.45, 308.15, 742.379, 742.58, 2329.66,
2907.15, 2921.41, 3105.171, 3105.63, 3307.661, 3307.761, 7,112
3309.351, 3309.50, 3375.411, 3381.13, 5505.202, 5505.30, and 7,113
6121.04 and sections 145.49, 145.50, and 145.52 of the Revised 7,116
158
Code are hereby repealed. 7,117
Section 3. The amendments made by this act to section 7,119
145.04 of the Revised Code do not affect the term of the retirant 7,120
member holding office on the effective date of this act. 7,121
Section 4. On and after the effective date of this act, if 7,123
necessary to ensure the integrity of the numbering of the 7,124
Administrative Code, the Director of the Legislative Service 7,125
Commission shall renumber the rules of the Ohio Deferred 7,126
Compensation Program to reflect their transfer to Chapter 148. of 7,127
the Revised Code from Chapter 145. of the Revised Code. 7,128
Section 5. (A) The Public Employees Retirement Board 7,131
shall conduct a study to determine the best method of meeting the 7,132
needs of members of the Public Employees Retirement System 7,133
interested in participating in a defined contribution plan to be 7,134
established under section 145.81 of the Revised Code. The study 7,135
shall include an examination of members' preferences for all of 7,136
the following:
(1) Public and private investment opportunities; 7,138
(2) Having life insurance, annuities, variable annuities, 7,140
regulated investment trusts, pooled investment funds, or other 7,141
forms of investment available through a defined contribution 7,142
plan;
(3) Having disability, health, and long-term care 7,144
insurance available under a defined contribution plan and the 7,145
manner in which a defined contribution plan sponsor would offer 7,146
such insurance benefits. 7,147
(B) The board shall prepare a report of its study 7,149
conducted under division (A) of this section and submit a copy of 7,150
the report to each of the following not later than eighteen 7,151
months after the effective date of this section: 7,152
(1) The President of the Senate; 7,154
(2) The Speaker of the House of Representatives; 7,156
(3) The chairs of the Senate and House committees with 7,158
primary responsibility for legislation concerning the Public 7,159
159
Employees Retirement System; 7,160
(4) The Ohio Retirement Study Council. 7,162
Section 6. Section 6121.04 of the Revised Code is 7,164
presented in this act as a composite of the section as amended by 7,165
both Sub. H.B. 19 and Am. S.B. 43 of the 123rd General Assembly, 7,166
with the new language of neither of the acts shown in capital 7,167
letters. This is in recognition of the principle stated in 7,168
division (B) of section 1.52 of the Revised Code that such 7,169
amendments are to be harmonized where not substantively 7,170
irreconcilable and constitutes a legislative finding that such is 7,171
the resulting version in effect prior to the effective date of 7,172
this act.