As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 189 5
1999-2000 6
SENATOR SPADA 8
_________________________________________________________________ 10
A B I L L
To amend sections 5505.15, 5505.16, 5505.17, 12
5505.171, 5505.176, 5505.18, and 5505.30 and to 13
enact sections 5505.163 and 5505.29 of the
Revised Code to reduce the member contribution 14
rate under the State Highway Patrol Retirement 15
System, increase pensions and the lump-sum death 16
benefit provided by the system, provide for
refunds of purchased service credit that does not 17
increase a pension, and allow a person who 18
retired prior to September 21, 1994, to choose a
joint and survivor annuity. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 5505.15, 5505.16, 5505.17, 23
5505.171, 5505.176, 5505.18, and 5505.30 be amended and sections 24
5505.163 and 5505.29 of the Revised Code be enacted to read as 25
follows:
Sec. 5505.15. (A)(1) A member of the state highway patrol 34
retirement system shall contribute ten NINE AND ONE-HALF per cent 36
of the member's annual salary to the state highway patrol 37
retirement fund. The amount shall be deducted by the employer 39
from the employee's salary for each payroll period. 40
(2) The total contributions arising from deductions made 42
prior to January 1, 1966, from the salaries of members in the 43
employ of the state highway patrol and standing to the credit of 44
their individual accounts in the retirement fund shall be 45
transferred and credited to their respective individual accounts 46
2
in the employees' savings fund. 47
(B) The state shall annually pay into the employer 49
accumulation fund, in monthly or less frequent installments as 50
the state highway patrol retirement board requires, an amount 51
that shall be a certain percentage of the total salaries paid 53
contributing members and shall be known as the "employer 54
contribution." If a member severs connection with the patrol or 56
is dismissed, the employer contribution shall remain in the
retirement system. 57
The rate percentage of the employer contribution shall be 59
certified by the board to the director of budget and management 60
and shall not be lower than nine per cent of the total salaries 61
paid contributing members and shall not exceed three times the 62
rate percentage being deducted from the annual salaries of 63
contributing members. The board shall prepare and submit to the 64
director, on or before the first day of November of each 65
even-numbered year, an estimate of the amounts necessary to pay 66
the state's obligations accruing during the biennium beginning 67
the first day of July of the following year. Such amounts shall 68
be included in the budget and allocated as certified by the 69
board. 70
Sec. 5505.16. (A) A member of the state highway patrol 80
retirement system who has been in the service of the state 81
highway patrol for a period of twenty-five years as an employee 82
according to the rules adopted by the state highway patrol 83
retirement board may make application for a pension which, if the 84
member is under age forty-eight, shall be deferred until the 85
member age forty-eight. 86
(B) A member of the retirement system who has been in the 88
service of the highway patrol for a period of twenty years as an 89
employee according to the rules adopted by the retirement board, 90
may make application for a pension that, if the member is under 91
age fifty-two, shall be deferred until the member age fifty-two, 92
except that any such member who has attained twenty years of 93
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service may, on or after the member attaining age forty-eight but 95
before the member attaining age fifty-two, elect to receive a 97
reduced pension of the greater of eight hundred ONE THOUSAND 98
fifty dollars or an amount computed as follows: 100
Attained Age Reduced Pension 102
48 75% of normal service pension 103
49 80% of normal service pension 104
50 86% of normal service pension 105
51 93% of normal service pension 106
In the case of a member who elects to receive a reduced 109
pension on or after the member attaining age forty-eight but 111
before the member attaining age forty-nine, the reduced pension 112
is payable from the later of the date the member the member 113
attains age forty-eight or the date the member becomes eligible 114
to receive the reduced pension. In the case of a member who 116
elects to receive a reduced pension on or after the member 117
attaining age forty-nine but before the member attaining age 119
fifty, the reduced pension is payable from the later of the date 120
the member the member attains age forty-nine or the date the 121
member becomes eligible to receive the reduced pension. In the 124
case of a member who elects to receive a reduced pension on or 125
after the member attaining age fifty but before the member 126
attaining age fifty-one, the reduced pension is payable from the 128
later of the date the member the member attains age fifty or the 130
date the member becomes eligible to receive the reduced pension. 131
In the case of a member who elects to receive a reduced pension 133
on or after the member attaining age fifty-one but before the 134
member attaining age fifty-two, the reduced pension is payable 135
from the later of the date the member OF the member attains age 137
fifty-one MEMBER'S MOST RECENT BIRTHDAY or the date the member 138
becomes eligible to receive the reduced pension. 139
A member who has elected to receive a reduced pension in 141
accordance with the schedule provided in this division and has 142
received a payment in connection therewith the member may not 144
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change the election.
(C) Any member who attains the age of fifty-five years and 146
has been in the service of the patrol for a period of twenty 147
years as a uniformed patrol officer according to the rules 148
adopted by the board, shall file application for retirement with 149
the board, and if the member refuses or neglects to do so, the 150
board may deem the member's application to have been filed on the 151
member's fifty-fifth birthday. The member may, upon written 152
application approved by the superintendent of the state highway 153
patrol, be continued in service after attaining the age of 154
fifty-five years, but only until the member has accumulated 155
twenty years of service.
(D)(1) As used in this division: 157
(a) "Service in the uniformed services" means the 159
performance of duty on a voluntary or involuntary basis in a 160
uniformed service under competent authority and includes active 161
duty, active duty for training, initial active duty for training, 162
inactive duty training, full-time national guard duty, and a 163
period for which a person is absent from a position of employment 164
for the purpose of an examination to determine the fitness of the
person to perform any such duty. 165
(b) "Uniformed services" of the United States includes 167
both:
(i) Army, navy, air force, marine corps, coast guard, or 170
any reserve components of these services; auxiliary corps as
established by congress; army nurse corps; navy nurse corps; 172
service as red cross nurse with the army, navy, air force, or 173
hospital service of the United States, or serving full-time with 174
the American red cross in a combat zone; and such other service
as is designated by the congress as included therein; 176
(ii) Personnel of the Ohio national guard, the Ohio 178
military reserve, the Ohio naval militia, and the reserve 179
components of the armed forces enumerated in division (D)(1) of 181
this section who are called to active duty pursuant to an 182
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executive order issued by the president of the United States or 183
an act of congress. 184
(2) A member's total service credit may include periods 186
not to exceed a total of seven years, while the member's 187
employment with the state highway patrol is or was interrupted 189
due to service the member in the uniformed services of the United 191
States. Such military service shall be credited to the member 192
towards total service as provided by this chapter and to the 193
extent approved by the board, provided that: 194
(a) The member is or was honorably discharged from service 196
in the uniformed services; 197
(b) The member is or was reemployed RE-EMPLOYED by the 199
state highway patrol within ninety days immediately following 201
termination of service in the uniformed services; 202
(c) The member, subject to board rules, pays into the 204
retirement system to the member's credit in the employees' 206
savings fund an amount equal to the total contributions the 207
member would have paid had state highway patrol employment not 208
been so interrupted. Such the member's payment may be made at 209
any time prior to receipt of a pension.
(3) the member If the member meets the requirements of 211
division (D)(2) of this section, on receipt of contributions from 213
the member, the state highway patrol shall be billed for the 214
employer contribution that would have been paid pursuant to 215
section 5505.15 of the Revised Code if the member had not 216
rendered service in the uniformed services, subject to board 217
rules. 218
(4) If under division (D)(2)(c) of this section a member 221
pays all or any portion of the contributions later than the
lesser of five years or a period that is three times the member's 222
period of service in the uniformed services beginning from the 223
later of the member's date of re-employment or the effective date 224
of this amendment OCTOBER 29, 1996, an amount equal to compound 226
interest at a rate established by the board from the later of the 227
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member's date of re-employment or the effective date of this 228
amendment OCTOBER 29, 1996, to the date of payment shall be added 230
to the remaining amount to be paid by the member to purchase 231
service credit under this section.
(5) Credit purchased by a member under division (D)(2) of 233
this section shall be used to determine the member's eligibility 235
for retirement under this section and section 5505.17 of the 236
Revised Code.
Sec. 5505.163. (A) A RETIRANT WHO RETIRED PRIOR TO 239
SEPTEMBER 21, 1994, UNDER SECTION 5505.16 OF THE REVISED CODE MAY 240
ELECT TO RECEIVE THE ACTUARIAL EQUIVALENT OF THE RETIRANT'S 241
PENSION IN A LESSER AMOUNT PAYABLE FOR THE REMAINDER OF THE 242
RETIRANT'S LIFE AND CONTINUING AFTER DEATH TO THE RETIRANT'S 243
SURVIVING DESIGNATED BENEFICIARY UNDER ONE OF THE OPTIONAL PLANS 244
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF SECTION 5505.162 OF 245
THE REVISED CODE, PROVIDED THE ANNUAL AMOUNT PAYABLE TO THE 247
DESIGNATED BENEFICIARY SHALL NOT EXCEED THE ANNUAL AMOUNT PAYABLE 248
TO THE RETIRANT, THE AMOUNT IS CERTIFIED BY THE ACTUARY EMPLOYED 249
BY THE STATE HIGHWAY PATROL RETIREMENT SYSTEM TO BE THE ACTUARIAL 250
EQUIVALENT OF THE RETIRANT'S PENSION, AND THE STATE HIGHWAY 251
PATROL RETIREMENT BOARD APPROVES THE AMOUNT. 252
(B) A RETIRANT INTERESTED IN MAKING THE ELECTION 254
AUTHORIZED BY DIVISION (A) OF THIS SECTION SHALL FILE A NOTICE OF 255
INTEREST WITH THE BOARD NOT LATER THAN SIXTY DAYS AFTER THE 256
EFFECTIVE DATE OF THIS SECTION. THE BOARD SHALL ADVISE THE 258
RETIRANT WITH RESPECT TO THE CHOICES AVAILABLE UNDER THE OPTIONAL
PLANS AND HAVE A DETERMINATION MADE OF THE MONTHLY PENSION 260
PAYABLE UNDER THE OPTIONAL PLAN ELECTED BY THE MEMBER FOR 261
INCLUSION IN THE STATEMENT TO BE FILED UNDER DIVISION (C) OF THIS 262
SECTION.
(C) TO MAKE THE ELECTION AUTHORIZED BY DIVISION (A) OF 265
THIS SECTION, A RETIRANT SHALL FILE A STATEMENT, ON A FORM 266
PROVIDED BY THE BOARD, INDICATING THAT THE RETIRANT ELECTS TO 267
PARTICIPATE IN THE OPTIONAL PLAN SPECIFIED IN THE STATEMENT. THE 269
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FORM MUST BE FILED WITH THE BOARD NOT LATER THAN ONE HUNDRED 270
TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. 271
(D) A NOTICE OR STATEMENT MAILED TO THE BOARD SHALL BE 273
CONSIDERED TO HAVE BEEN FILED ON ITS POSTMARK DATE. 274
(E) ANY OPTION ELECTED AND PAYMENTS MADE UNDER THIS 276
SECTION SHALL BE IN ADDITION TO ANY PENSION PAYABLE TO THE 277
RETIRANT'S SURVIVING SPOUSE, CHILDREN, OR PARENTS UNDER SECTION 278
5505.17 OF THE REVISED CODE. 279
Sec. 5505.17. (A)(1) Upon retirement as provided in 288
section 5505.16 of the Revised Code, a member of the state 289
highway patrol retirement system shall receive a life pension, 290
without guaranty or refund, equal to THE GREATER OF ONE THOUSAND 291
FIFTY DOLLARS OR the sum of two and one-half per cent of the 293
member's final average salary multiplied by the first twenty 294
years of total service credit, plus two AND ONE-QUARTER per cent 295
of the member's final average salary multiplied by the number of 296
years, and fraction of a year, of total service credit in excess 298
of twenty years BUT NOT IN EXCESS OF TWENTY-FIVE YEARS, PLUS TWO 299
PER CENT OF THE MEMBER'S FINAL AVERAGE SALARY MULTIPLIED BY THE 300
NUMBER OF YEARS, AND FRACTION OF A YEAR, IN EXCESS OF TWENTY-FIVE 301
YEARS; provided that in no case shall the pension exceed the 302
lesser of seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent of 303
the member's final average salary or the limit established by 305
section 415 of the "Internal Revenue Code of 1986," 100 Stat. 306
2085, 26 U.S.C.A. 415, as amended.
(2) A member with fifteen or more years of total service 308
credit, who voluntarily resigns or who is discharged from the 309
state highway patrol for any reason except retirement under this 311
chapter, death, dishonesty, cowardice, intemperate habits, or 312
conviction of a felony, shall receive a pension equal to one and 313
one-half per cent of the member's final average salary multiplied 314
by the number of years, and fraction of a year, of total service 315
credit, except that the pension shall not exceed the limit 316
established by section 415 of the "Internal Revenue Code of 317
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1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. The pension 318
shall commence at the end of the calendar month in which the 319
application is filed with the retirement board on or after the 320
attainment of age fifty-five years by the applicant. A member 321
who withdraws any part or all of the accumulated contributions 323
from the employees' savings fund shall thereupon forfeit all 324
rights to a pension provided for in this division. 325
(3)(a) A surviving spouse of a deceased member shall 327
receive a monthly pension, determined as follows, during the 328
spouse's life: 329
(i) If at the time of death the member was not eligible to 332
be granted a pension payable under this section or to elect to 333
receive a reduced pension payable under section 5505.16 of the 334
Revised Code, eight NINE hundred fifty dollars;
(ii) If at the time of death the member was eligible to be 337
granted a pension payable under this section or to elect to
receive a reduced pension payable under section 5505.16 of the 338
Revised Code, the greater of eight NINE hundred fifty dollars or 340
fifty per cent of the computed monthly pension the member would 342
have received had the member been granted a pension under this 343
section or elected to receive a reduced pension under section 344
5505.16 of the Revised Code. 345
(b) The surviving spouse of a retirant shall receive a 347
monthly pension, determined as follows, during the spouse's life: 348
(i) If the retirant had applied for a pension payable 350
under section 5505.16 of the Revised Code, but at the time of 351
death had not attained the age of eligibility for the pension, 352
eight NINE hundred fifty dollars; 353
(ii) If the retirant had applied for a pension payable 355
under section 5505.16 of the Revised Code and had attained the 356
age of eligibility for the pension, but at the time of death had 358
not elected to begin receiving the pension, the greater of eight 359
NINE hundred fifty dollars or fifty per cent of the computed 360
monthly pension the retirant was eligible to receive under 362
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section 5505.16 of the Revised Code; 363
(iii) If the retirant was receiving a pension under this 365
section or section 5505.16 or 5505.18 of the Revised Code, or, 366
regardless of whether or not the retirant had actually received 367
any payment, if the retirant was eligible to receive a pension 368
under this section or section 5505.16 or 5505.18 of the Revised 369
Code and had elected to begin receiving it, the greater of eight 370
NINE hundred fifty dollars or fifty per cent of the computed 372
monthly pension awarded the retirant. 373
(c) If a monthly pension to a surviving spouse was 375
terminated due to a remarriage, the surviving spouse is eligible 377
to receive a monthly pension under division (A)(3) of this 379
section effective the first day of the first month following June 380
5, 1996. The pension shall be computed under division (A)(3) of 383
this section as of June 5, 1996. The pension payable to a person 386
who is the surviving spouse of more than one state highway patrol 387
retirement system member or retirant shall be computed on the 388
basis of the service of the member or retirant to whom the 389
surviving spouse was most recently married.
(4) A pension of one hundred fifty dollars per month shall 391
be paid by the system to or for the benefit of each child of a 392
deceased member or retirant until the child attains the age of 393
eighteen years or marries, whichever event occurs first, or until 394
the child attains twenty-three years of age if the child is a 395
student in and attending an institution of learning or training 397
pursuant to a program designed to complete in each school year 398
the equivalent of at least two-thirds of the full-time curriculum 399
requirements of the institution, as determined by the retirement 400
board. If any surviving child, regardless of age at the time of 401
the member's or retirant's death, because of physical or mental 402
disability, was totally dependent upon the deceased member or 403
retirant for support at the time of death, a pension of one 404
hundred fifty dollars per month shall be paid by the system to or 405
for the benefit of the child during the child's natural life or 406
10
until the child recovers from the disability. 407
(5)(a) If a retirant died prior to June 6, 1988, and the 409
surviving spouse was not married to the retirant while the 411
retirant was in the active service of the patrol, the surviving
spouse shall receive a pension of the greater of four hundred 413
twenty-five dollars per month or fifty per cent of the computed 414
monthly pension the retirant was receiving. 415
(b) If the pension payable to a person receiving a pension 417
under division (A)(5)(a) of this section on November 2, 1989, THE 418
EFFECTIVE DATE OF THIS AMENDMENT is less than six NINE hundred 420
dollars per month, the pension shall be increased to six NINE 422
hundred dollars per month.
(c) If the pension payable to a person receiving a pension 425
under division (A)(5)(a) of this section on June 5, 1996, is less 428
than eight hundred fifty dollars per month, the pension shall be 429
increased to eight hundred fifty dollars per month. 430
(6)(a) If a surviving spouse, child, or children of a 432
deceased member or retirant has been granted benefits prior to 433
November 18, 1981, such benefits shall be adjusted to comply 434
thereafter with the benefit provision of this section, except 435
that the adjusted benefits under division (A)(3) of this section 436
shall not exceed four hundred twenty-five dollars per month. 437
(b) If the pension payable to the surviving spouse of a 439
deceased member or retirant under division (A)(3) of this section 440
is less than six hundred dollars per month, the pension shall be 441
increased to six hundred dollars per month. 442
(c) If the pension payable to the surviving spouse of a 445
deceased member or retirant under division (A)(3) of this section 446
on June 5, 1996, THE EFFECTIVE DATE OF THIS AMENDMENT is less 447
than eight NINE hundred fifty dollars per month, the pension 450
shall be increased to eight NINE hundred fifty dollars per month. 452
(d)(b) The pension payable to a child of a deceased member 455
or retirant who is receiving a pension under division (A)(4) of 456
this section on June 5, 1996, shall be increased to one hundred 457
11
fifty dollars per month. 458
(7) If a deceased member or retirant leaves no spouse or 460
surviving children, but leaves two parents depending solely upon 461
the deceased member or retirant for support, each parent shall be 463
paid a monthly pension of one hundred fifty-four dollars. If in 464
such case there is only one parent dependent solely upon the 465
deceased member or retirant for support, such parent shall be 467
paid a monthly pension of one hundred fifty-four dollars. Such 468
pension shall be paid during the life of the surviving parents, 469
or until dependency ceases, or until remarriage, whichever event 470
occurs first.
(8) Any amount remaining as accumulated contributions at 472
the time of death of a member or retirant who leaves no surviving 474
spouse or dependent children or parents shall be paid to the 475
estate of the member or retirant.
(9) The increases provided for by divisions (A)(5)(b) and 477
(c) and (A)(6)(b) and (c)(a) of this section shall be included in 479
the calculation of the additional benefit paid under section 481
5505.174 of the Revised Code. 482
(B) The board shall adopt, and may amend or rescind, the 484
necessary rules for the administration of this section and all 485
decisions of the board shall be final. Any payment of a pension 486
or benefit under this section is subject to the provisions of 487
section 5505.26 of the Revised Code. 488
(C) A member's total service credit may include periods 490
during which the member's employment with the state highway 491
patrol is interrupted by a leave of absence, when requested by 493
the governor, to accept employment with another agency of the 494
state, provided that: 495
(1) The member is reemployed by the state highway patrol 497
within thirty days following termination of such other 498
employment;
(2) The member pays into the retirement system, to the 500
credit of the employees' savings fund, an amount equal to the 501
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total contributions the member would have paid had the state 502
highway patrol employment not been so interrupted. Such 504
repayment shall begin within ninety days after the member's 505
return to duty with the state highway patrol and be completed 506
within a period equal to that of the leave of absence. 507
(D) Service credits granted under division (C) of this 509
section shall not include any duplications of credits for which a 510
pension is payable by the public employees retirement system. 511
Sec. 5505.171. (A) All persons who retired and were 520
eligible to receive a pension that was payable prior to July 1, 521
1968, pursuant to division (A)(1) of section 5505.17 or division 522
(B)(1) of section 5505.18 of the Revised Code, shall receive an 523
additional monthly payment of two dollars for each year between 524
the member's effective date of retirement or disability and 525
December 31, 1971, or an additional fifty dollars, whichever is 526
less. 527
On or before the first day of August in 1981 and on or 529
before the first day of August in each year thereafter, the state 530
highway patrol retirement board shall certify to the treasurer of 531
state the amount required to be paid in the preceding fiscal year 532
under this division. Upon receipt of such certification, the 533
treasurer of state shall pay to the state highway patrol 534
retirement system the amount certified. 535
(B) All persons who retired and were eligible to receive a 537
pension that was payable prior to July 1, 1981, pursuant to 538
division (A)(1) of section 5505.17 or division (B)(1) of section 539
5505.18 of the Revised Code shall have that pension recalculated 540
by the board so that each such person receives a monthly pension 541
of not less than four hundred twenty-five dollars. 542
(C) Each person who retired and was eligible to receive a 544
pension that was payable prior to November 2, 1989, pursuant to 545
division (A)(1) of section 5505.17 or division (B)(1) of section 547
5505.18 of the Revised Code shall have the pension recalculated 548
by the board so that the person receives a monthly pension of not 549
13
less than six hundred dollars. Any pension increase resulting 550
from a recalculation made under this division shall be included 551
in the calculation of the additional benefit paid under section 552
5505.174 of the Revised Code.
(D) Each person who retired and was eligible to receive a 554
pension, other than a reduced pension, that was payable prior to 556
September 21, 1994, THE EFFECTIVE DATE OF THIS AMENDMENT pursuant 557
to division (A) or (B) of section 5505.16 or division (B) of 558
section 5505.18 of the Revised Code shall have the pension 559
recalculated by the board so that the person receives a monthly 560
pension of not less than one thousand FIFTY dollars. Any pension 561
increase resulting from a recalculation made under this division 562
shall be included in the calculation of the additional benefit 563
paid under section 5505.174 of the Revised Code. 564
(E) The pension of each person who is receiving a pension 566
pursuant to division (B) of section 5505.16 of the Revised Code 569
on the effective date of this amendment of less than eight 570
hundred fifty dollars per month shall be increased to eight 571
hundred fifty dollars per month. Any increase under this
division shall be included in the calculation of the additional 573
benefit paid under section 5505.174 of the Revised Code. 575
Sec. 5505.176. (A) The state highway patrol retirement 584
system shall increase the pension payable to each person 585
receiving a pension granted prior to the effective date of this 586
section SEPTEMBER 16, 1998, that was calculated under division 588
(A)(1) of section 5505.17 of the Revised Code on the basis of 589
total service credit of more than twenty-five years. The 591
increase shall be an amount determined by multiplying the pension
payable to the member on the effective date of this section 593
SEPTEMBER 16, 1998, by the product obtained by multiplying by 594
one-half of one per cent the member's years and fraction of a
year of service in excess of twenty-five years, except that the 596
increased pension shall not exceed the limit established by
section 415 of the "Internal Revenue Code of 1986," 100 Stat. 598
14
2085, 26 U.S.C.A. 415, as amended. The increased pension shall
be effective on the first day of the first month following the 599
effective date of this section OCTOBER 1, 1998, and shall be used 601
in determining the amount of the additional benefit paid under 602
section 5505.174 of the Revised Code. 603
(B) THE STATE HIGHWAY PATROL RETIREMENT SYSTEM SHALL 605
INCREASE THE PENSION PAYABLE TO EACH PERSON RECEIVING A PENSION 606
GRANTED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT THAT WAS 608
CALCULATED UNDER DIVISION (A)(1) OF SECTION 5505.17 OF THE 609
REVISED CODE ON THE BASIS OF TOTAL SERVICE CREDIT OF MORE THAN 611
TWENTY YEARS. THE INCREASE SHALL BE AN AMOUNT DETERMINED BY
MULTIPLYING THE PENSION PAYABLE TO THE MEMBER ON THE EFFECTIVE 613
DATE OF THIS AMENDMENT BY THE PRODUCT OBTAINED BY MULTIPLYING BY 614
ONE-QUARTER OF ONE PER CENT THE MEMBER'S YEARS AND FRACTION OF A 615
YEAR OF SERVICE IN EXCESS OF TWENTY YEARS BUT NOT IN EXCESS OF 616
TWENTY-FIVE YEARS, EXCEPT THAT THE INCREASED PENSION SHALL NOT 617
EXCEED THE LIMIT ESTABLISHED BY SECTION 415 OF THE "INTERNAL 618
REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 415, AS 621
AMENDED. THE INCREASED PENSION SHALL BE EFFECTIVE ON THE FIRST 622
DAY OF THE FIRST MONTH FOLLOWING THE EFFECTIVE DATE OF THIS
AMENDMENT AND SHALL BE USED IN DETERMINING THE AMOUNT OF THE 623
ADDITIONAL BENEFIT PAID UNDER SECTION 5505.174 OF THE REVISED 625
CODE.
Sec. 5505.18. As used in this section, "member" does not 635
include state highway patrol cadets attending training schools 636
pursuant to section 5503.05 of the Revised Code.
(A) Upon the application of a member of the state highway 638
patrol retirement system, a person acting on behalf of a member, 639
or the superintendent of the state highway patrol on behalf of a 641
member, a member who becomes totally and permanently 642
incapacitated for duty in the employ of the state highway patrol 643
may be retired by the board.
The medical examination of a member who has applied for 646
disability retirement shall be conducted by a competent physician 647
15
or physicians appointed by the board. The physician or 648
physicians shall file a written report with the board containing 649
the following information:
(1) Whether the member is totally incapacitated for duty 651
in the employ of the patrol; 652
(2) Whether the incapacity is expected to be permanent; 654
(3) The cause of the member's incapacity. 656
The board shall determine whether the member qualifies for 658
disability retirement and its decision shall be final. The board 659
shall consider the written medical report, opinions, statements, 660
and other competent evidence in making its determination. If the 661
incapacity is a result of heart disease or any cardiovascular 662
disease of a chronic nature, which disease or any evidence of 663
which was not revealed by the physical examination passed by the 664
member on entry into the patrol, the member is presumed to have 665
incurred the disease in the line of duty as a member of the 666
patrol, unless the contrary is shown by competent evidence. 667
(B)(1) A member whose retirement on account of disability 669
incurred in the line of duty shall receive the applicable pension 670
provided for in section 5505.17 of the Revised Code, except that 671
if the member has less than twenty-five years of contributing 672
service, the member's service credit shall be deemed to be 673
twenty-five years for the purpose of this provision. In no case 675
shall the member's disability pension be less than sixty 677
SIXTY-ONE AND ONE-QUARTER per cent or exceed the lesser of 679
seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent of the 680
member's final average salary or the limit established by section 681
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 682
U.S.C.A. 415, as amended. 683
(2) A member whose retirement on account of disability 685
incurred not in the line of duty shall receive the applicable 686
pension provided for in section 5505.17 of the Revised Code, 687
except that if the member has less than twenty years of 688
contributing service, the member's service credit shall be deemed 690
16
to be twenty years for the purpose of this provision. In no case 691
shall the member's disability pension exceed the lesser of 692
seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent of the 694
member's final average salary or the limit established by section 695
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 696
U.S.C.A. 415, as amended. 697
(C) The state highway patrol retirement board shall adopt 699
rules requiring a disability pension recipient, as a condition of 700
continuing to receive a disability pension, to agree in writing 701
to obtain any medical treatment recommended by the board's 702
physician and submit medical reports regarding the treatment. If 703
the board determines that a disability pension recipient is not 704
obtaining the medical treatment or the board does not receive a 705
required medical report, the disability pension shall be 707
suspended until the treatment is obtained, the report is received 709
by the board, or the board's physician certifies that the 710
treatment is no longer helpful or advisable. Should the 712
recipient's failure to obtain treatment or submit a medical
report continue for one year, the recipient's right to the 714
disability benefit shall be terminated as of the effective date 715
of the original suspension.
(D) A member placed on a disability pension who has not 717
attained the age of fifty-five years shall be subject to an 719
annual medical re-examination by physicians appointed by the
board, except that the board may waive the medical re-examination 721
if the board's physicians certify that the member's disability is 722
ongoing. If any member placed on a disability pension refuses to 723
submit to a medical re-examination, the member's disability 724
pension shall be suspended until the member withdraws the 726
refusal. If the refusal continues for one year, all the member's 727
rights under and to the disability pension shall be terminated as 728
of the effective date of the original suspension. 729
(E) Each recipient of a disability pension who has not 732
attained the age of fifty-five years shall file with the board an 733
17
annual statement of earnings, current medical information on the 734
recipient's condition, and any other information required in 735
rules adopted by the board. The board may waive the requirement 736
that a disability benefit recipient file an annual statement of 737
earnings or current medical information if the board's physician 738
certifies that the recipient's disability is ongoing. 739
The board shall annually examine the information submitted 742
by the recipient. If a recipient refuses to file the statement 743
or information, the disability pension shall be suspended until 744
the statement and information are filed. If the refusal 745
continues for one year, the right to the pension shall be 746
terminated as of the effective date of the original suspension.
(F)(1) Except as provided in division (F)(2) of this 748
section, a retirant who has been on disability pension, and who 750
has been physically examined and found no longer incapable of 751
performing the retirant's duties, shall be restored to the rank 754
the retirant held at the time the retirant was pensioned and all 755
previous rights shall be restored, including the retirant's civil 756
service status, and the disability pension shall terminate. Upon 758
return to employment in the patrol, the retirant shall again 759
become a contributing member of the retirement system, the total 762
service at the time of the retirant's retirement shall be 763
restored to the retirant's credit, and the retirant shall be 765
given service credit for the period the retirant was in receipt 767
of a disability pension. The provisions of division (F)(1) of 768
this section shall be retroactive to September 5, 1941. 769
(2) The state highway patrol is not required to take 772
action under division (F)(1) of this section if the retirant was 774
dismissed or resigned in lieu of dismissal for dishonesty, 775
misfeasance, malfeasance, or conviction of a felony. 776
(G) The board may adopt rules to carry out this section. 778
Sec. 5505.29. THE STATE HIGHWAY PATROL RETIREMENT BOARD 780
SHALL REFUND THE COST OF SERVICE CREDIT RESTORED UNDER SECTION 781
5505.20 OR PURCHASED UNDER DIVISION (D) OF SECTION 5505.16, 782
18
DIVISION (C) OF SECTION 5505.17, OR SECTION 5505.201, 5505.202, 784
OR 5505.25 OF THE REVISED CODE TO THE EXTENT THE CREDIT DOES NOT, 785
OR, IN THE CASE OF A PERSON WHO RETIRED OR DIED PRIOR TO THE 786
EFFECTIVE DATE OF THIS SECTION, DID NOT, INCREASE THE PENSION 787
PROVIDED TO THE RETIRANT OR SURVIVING SPOUSE UNDER SECTION 788
5505.16, 5505.162, 5505.17, OR 5505.18 OF THE REVISED CODE. THE 789
BOARD SHALL PROVIDE THE REFUND TO THE RETIRANT OR SURVIVING 791
SPOUSE. THE REFUND CANCELS AN EQUIVALENT AMOUNT OF SERVICE 792
CREDIT.
Sec. 5505.30. On the death of a person who at the time of 801
death is receiving a pension from the state highway patrol 803
retirement system under division (A)(1) or (2) of section 5505.17 804
or section 5505.18 of the Revised Code, a lump-sum payment of one 806
FIVE thousand dollars shall be paid to the retirant's surviving 807
spouse. If there is no surviving spouse, the payment shall be 808
made to the retirant's estate. 809
Application for the payment shall be made on a form 811
provided by the state highway patrol retirement board. 812
Section 2. That existing sections 5505.15, 5505.16, 814
5505.17, 5505.171, 5505.176, 5505.18, and 5505.30 of the Revised 815
Code are hereby repealed. 816
Section 3. Section 5505.16 of the Revised Code is 818
presented in this act as a composite of the section as amended by 819
both Am. Sub. H.B. 308 and Am. Sub. H.B. 450 of the 121st General 820
Assembly, with the new language of neither of the acts shown in 821
capital letters. This is in recognition of the principle stated 822
in division (B) of section 1.52 of the Revised Code that such
amendments are to be harmonized where not substantively 823
irreconcilable and constitutes a legislative finding that such is 824
the resulting version in effect prior to the effective date of 825
this act.