As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 189 5
1999-2000 6
SENATORS SPADA-BLESSING-JOHNSON-MUMPER-DiDONATO-McLIN- 8
ARMBRUSTER-DRAKE-GARDNER-HAGAN-LATELL-LATTA-NEIN-OELSLAGER- 9
PRENTISS-SCHAFRATH-WATTS-WHITE-HORN 10
_________________________________________________________________ 12
A B I L L
To amend sections 5505.15, 5505.16, 5505.17, 14
5505.171, 5505.176, 5505.18, and 5505.30 and to 15
enact sections 5505.163 and 5505.29 of the
Revised Code to reduce the member contribution 16
rate under the State Highway Patrol Retirement 17
System, increase pensions and the lump-sum death 18
benefit provided by the system, provide for
refunds of purchased service credit that does not 19
increase a pension, and allow a person who 20
retired prior to September 21, 1994, to choose a
joint and survivor annuity. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 5505.15, 5505.16, 5505.17, 25
5505.171, 5505.176, 5505.18, and 5505.30 be amended and sections 26
5505.163 and 5505.29 of the Revised Code be enacted to read as 27
follows:
Sec. 5505.15. (A)(1) A member of the state highway patrol 36
retirement system shall contribute ten NINE AND ONE-HALF per cent 38
of the member's annual salary to the state highway patrol 39
retirement fund. The amount shall be deducted by the employer 41
from the employee's salary for each payroll period. 42
(2) The total contributions arising from deductions made 44
prior to January 1, 1966, from the salaries of members in the 45
employ of the state highway patrol and standing to the credit of 46
2
their individual accounts in the retirement fund shall be 47
transferred and credited to their respective individual accounts 48
in the employees' savings fund. 49
(B) The state shall annually pay into the employer 51
accumulation fund, in monthly or less frequent installments as 52
the state highway patrol retirement board requires, an amount 53
that shall be a certain percentage of the total salaries paid 55
contributing members and shall be known as the "employer 56
contribution." If a member severs connection with the patrol or 58
is dismissed, the employer contribution shall remain in the
retirement system. 59
The rate percentage of the employer contribution shall be 61
certified by the board to the director of budget and management 62
and shall not be lower than nine per cent of the total salaries 63
paid contributing members and shall not exceed three times the 64
rate percentage being deducted from the annual salaries of 65
contributing members. The board shall prepare and submit to the 66
director, on or before the first day of November of each 67
even-numbered year, an estimate of the amounts necessary to pay 68
the state's obligations accruing during the biennium beginning 69
the first day of July of the following year. Such amounts shall 70
be included in the budget and allocated as certified by the 71
board. 72
Sec. 5505.16. (A) A member of the state highway patrol 82
retirement system who has been in the service of the state 83
highway patrol for a period of twenty-five years as an employee 84
according to the rules adopted by the state highway patrol 85
retirement board may make application for a pension which, if the 86
member is under age forty-eight, shall be deferred until the 87
member age forty-eight. 88
(B) A member of the retirement system who has been in the 90
service of the highway patrol for a period of twenty years as an 91
employee according to the rules adopted by the retirement board, 92
may make application for a pension that, if the member is under 93
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age fifty-two, shall be deferred until the member age fifty-two, 94
except that any such member who has attained twenty years of 95
service may, on or after the member attaining age forty-eight but 97
before the member attaining age fifty-two, elect to receive a 99
reduced pension of the greater of eight NINE hundred fifty 101
dollars or an amount computed as follows: 102
Attained Age Reduced Pension 104
48 75% of normal service pension 105
49 80% of normal service pension 106
50 86% of normal service pension 107
51 93% of normal service pension 108
In the case of a member who elects to receive a reduced 111
pension on or after the member attaining age forty-eight but 113
before the member attaining age forty-nine, the reduced pension 114
is payable from the later of the date the member the member 115
attains age forty-eight or the date the member becomes eligible 116
to receive the reduced pension. In the case of a member who 118
elects to receive a reduced pension on or after the member 119
attaining age forty-nine but before the member attaining age 121
fifty, the reduced pension is payable from the later of the date 122
the member the member attains age forty-nine or the date the 123
member becomes eligible to receive the reduced pension. In the 126
case of a member who elects to receive a reduced pension on or 127
after the member attaining age fifty but before the member 128
attaining age fifty-one, the reduced pension is payable from the 130
later of the date the member the member attains age fifty or the 132
date the member becomes eligible to receive the reduced pension. 133
In the case of a member who elects to receive a reduced pension 135
on or after the member attaining age fifty-one but before the 136
member attaining age fifty-two, the reduced pension is payable 137
from the later of the date the member OF the member attains age 139
fifty-one MEMBER'S MOST RECENT BIRTHDAY or the date the member 140
becomes eligible to receive the reduced pension. 141
A member who has elected to receive a reduced pension in 143
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accordance with the schedule provided in this division and has 144
received a payment in connection therewith the member may not 146
change the election.
(C) Any member who attains the age of fifty-five years and 148
has been in the service of the patrol for a period of twenty 149
years as a uniformed patrol officer according to the rules 150
adopted by the board, shall file application for retirement with 151
the board, and if the member refuses or neglects to do so, the 152
board may deem the member's application to have been filed on the 153
member's fifty-fifth birthday. The member may, upon written 154
application approved by the superintendent of the state highway 155
patrol, be continued in service after attaining the age of 156
fifty-five years, but only until the member has accumulated 157
twenty years of service.
(D)(1) As used in this division: 159
(a) "Service in the uniformed services" means the 161
performance of duty on a voluntary or involuntary basis in a 162
uniformed service under competent authority and includes active 163
duty, active duty for training, initial active duty for training, 164
inactive duty training, full-time national guard duty, and a 165
period for which a person is absent from a position of employment 166
for the purpose of an examination to determine the fitness of the
person to perform any such duty. 167
(b) "Uniformed services" of the United States includes 169
both:
(i) Army, navy, air force, marine corps, coast guard, or 172
any reserve components of these services; auxiliary corps as
established by congress; army nurse corps; navy nurse corps; 174
service as red cross nurse with the army, navy, air force, or 175
hospital service of the United States, or serving full-time with 176
the American red cross in a combat zone; and such other service
as is designated by the congress as included therein; 178
(ii) Personnel of the Ohio national guard, the Ohio 180
military reserve, the Ohio naval militia, and the reserve 181
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components of the armed forces enumerated in division (D)(1) of 183
this section who are called to active duty pursuant to an 184
executive order issued by the president of the United States or 185
an act of congress. 186
(2) A member's total service credit may include periods 188
not to exceed a total of seven years, while the member's 189
employment with the state highway patrol is or was interrupted 191
due to service the member in the uniformed services of the United 193
States. Such military service shall be credited to the member 194
towards total service as provided by this chapter and to the 195
extent approved by the board, provided that: 196
(a) The member is or was honorably discharged from service 198
in the uniformed services; 199
(b) The member is or was reemployed RE-EMPLOYED by the 201
state highway patrol within ninety days immediately following 203
termination of service in the uniformed services; 204
(c) The member, subject to board rules, pays into the 206
retirement system to the member's credit in the employees' 208
savings fund an amount equal to the total contributions the 209
member would have paid had state highway patrol employment not 210
been so interrupted. Such the member's payment may be made at 211
any time prior to receipt of a pension.
(3) the member If the member meets the requirements of 213
division (D)(2) of this section, on receipt of contributions from 215
the member, the state highway patrol shall be billed for the 216
employer contribution that would have been paid pursuant to 217
section 5505.15 of the Revised Code if the member had not 218
rendered service in the uniformed services, subject to board 219
rules. 220
(4) If under division (D)(2)(c) of this section a member 223
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 224
period of service in the uniformed services beginning from the 225
later of the member's date of re-employment or the effective date 226
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of this amendment OCTOBER 29, 1996, an amount equal to compound 228
interest at a rate established by the board from the later of the 229
member's date of re-employment or the effective date of this 230
amendment OCTOBER 29, 1996, to the date of payment shall be added 232
to the remaining amount to be paid by the member to purchase 233
service credit under this section.
(5) Credit purchased by a member under division (D)(2) of 235
this section shall be used to determine the member's eligibility 237
for retirement under this section and section 5505.17 of the 238
Revised Code.
Sec. 5505.163. (A) A RETIRANT WHO RETIRED PRIOR TO 241
SEPTEMBER 21, 1994, UNDER SECTION 5505.16 OF THE REVISED CODE MAY 242
ELECT TO RECEIVE THE ACTUARIAL EQUIVALENT OF THE RETIRANT'S 243
PENSION IN A LESSER AMOUNT PAYABLE FOR THE REMAINDER OF THE 244
RETIRANT'S LIFE AND CONTINUING AFTER DEATH TO THE RETIRANT'S 245
SURVIVING DESIGNATED BENEFICIARY UNDER ONE OF THE OPTIONAL PLANS 246
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF SECTION 5505.162 OF 247
THE REVISED CODE, PROVIDED THE ANNUAL AMOUNT PAYABLE TO THE 249
DESIGNATED BENEFICIARY SHALL NOT EXCEED THE ANNUAL AMOUNT PAYABLE 250
TO THE RETIRANT, THE AMOUNT IS CERTIFIED BY THE ACTUARY EMPLOYED 251
BY THE STATE HIGHWAY PATROL RETIREMENT SYSTEM TO BE THE ACTUARIAL 252
EQUIVALENT OF THE RETIRANT'S PENSION, AND THE STATE HIGHWAY 253
PATROL RETIREMENT BOARD APPROVES THE AMOUNT. 254
(B) A RETIRANT INTERESTED IN MAKING THE ELECTION 256
AUTHORIZED BY DIVISION (A) OF THIS SECTION SHALL FILE A NOTICE OF 257
INTEREST WITH THE BOARD NOT LATER THAN SIXTY DAYS AFTER THE 258
EFFECTIVE DATE OF THIS SECTION. THE BOARD SHALL ADVISE THE 260
RETIRANT WITH RESPECT TO THE CHOICES AVAILABLE UNDER THE OPTIONAL
PLANS AND HAVE A DETERMINATION MADE OF THE MONTHLY PENSION 262
PAYABLE UNDER THE OPTIONAL PLAN ELECTED BY THE MEMBER FOR 263
INCLUSION IN THE STATEMENT TO BE FILED UNDER DIVISION (C) OF THIS 264
SECTION.
(C) TO MAKE THE ELECTION AUTHORIZED BY DIVISION (A) OF 267
THIS SECTION, A RETIRANT SHALL FILE A STATEMENT, ON A FORM 268
7
PROVIDED BY THE BOARD, INDICATING THAT THE RETIRANT ELECTS TO 269
PARTICIPATE IN THE OPTIONAL PLAN SPECIFIED IN THE STATEMENT. THE 271
FORM MUST BE FILED WITH THE BOARD NOT LATER THAN ONE HUNDRED 272
TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. 273
(D) A NOTICE OR STATEMENT MAILED TO THE BOARD SHALL BE 275
CONSIDERED TO HAVE BEEN FILED ON ITS POSTMARK DATE. 276
(E) ANY OPTION ELECTED AND PAYMENTS MADE UNDER THIS 278
SECTION SHALL BE IN ADDITION TO ANY PENSION PAYABLE TO THE 279
RETIRANT'S SURVIVING SPOUSE, CHILDREN, OR PARENTS UNDER SECTION 280
5505.17 OF THE REVISED CODE. 281
Sec. 5505.17. (A)(1) Upon retirement as provided in 290
section 5505.16 of the Revised Code, a member of the state 291
highway patrol retirement system shall receive a life pension, 292
without guaranty or refund, equal to THE GREATER OF ONE THOUSAND 293
FIFTY DOLLARS OR the sum of two and one-half per cent of the 295
member's final average salary multiplied by the first twenty 296
years of total service credit, plus two AND ONE-QUARTER per cent 297
of the member's final average salary multiplied by the number of 298
years, and fraction of a year, of total service credit in excess 300
of twenty years BUT NOT IN EXCESS OF TWENTY-FIVE YEARS, PLUS TWO 301
PER CENT OF THE MEMBER'S FINAL AVERAGE SALARY MULTIPLIED BY THE 302
NUMBER OF YEARS, AND FRACTION OF A YEAR, IN EXCESS OF TWENTY-FIVE 303
YEARS; provided that in no case shall the pension exceed the 304
lesser of seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent of 305
the member's final average salary or the limit established by 307
section 415 of the "Internal Revenue Code of 1986," 100 Stat. 308
2085, 26 U.S.C.A. 415, as amended.
(2) A member with fifteen or more years of total service 310
credit, who voluntarily resigns or who is discharged from the 311
state highway patrol for any reason except retirement under this 313
chapter, death, dishonesty, cowardice, intemperate habits, or 314
conviction of a felony, shall receive a pension equal to one and 315
one-half per cent of the member's final average salary multiplied 316
by the number of years, and fraction of a year, of total service 317
8
credit, except that the pension shall not exceed the limit 318
established by section 415 of the "Internal Revenue Code of 319
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. The pension 320
shall commence at the end of the calendar month in which the 321
application is filed with the retirement board on or after the 322
attainment of age fifty-five years by the applicant. A member 323
who withdraws any part or all of the accumulated contributions 325
from the employees' savings fund shall thereupon forfeit all 326
rights to a pension provided for in this division. 327
(3)(a) A surviving spouse of a deceased member shall 329
receive a monthly pension, determined as follows, during the 330
spouse's life: 331
(i) If at the time of death the member was not eligible to 334
be granted a pension payable under this section or to elect to 335
receive a reduced pension payable under section 5505.16 of the 336
Revised Code, eight NINE hundred fifty dollars;
(ii) If at the time of death the member was eligible to be 339
granted a pension payable under this section or to elect to
receive a reduced pension payable under section 5505.16 of the 340
Revised Code, the greater of eight NINE hundred fifty dollars or 342
fifty per cent of the computed monthly pension the member would 344
have received had the member been granted a pension under this 345
section or elected to receive a reduced pension under section 346
5505.16 of the Revised Code. 347
(b) The surviving spouse of a retirant shall receive a 349
monthly pension, determined as follows, during the spouse's life: 350
(i) If the retirant had applied for a pension payable 352
under section 5505.16 of the Revised Code, but at the time of 353
death had not attained the age of eligibility for the pension, 354
eight NINE hundred fifty dollars; 355
(ii) If the retirant had applied for a pension payable 357
under section 5505.16 of the Revised Code and had attained the 358
age of eligibility for the pension, but at the time of death had 360
not elected to begin receiving the pension, the greater of eight 361
9
NINE hundred fifty dollars or fifty per cent of the computed 362
monthly pension the retirant was eligible to receive under 364
section 5505.16 of the Revised Code; 365
(iii) If the retirant was receiving a pension under this 367
section or section 5505.16 or 5505.18 of the Revised Code, or, 368
regardless of whether or not the retirant had actually received 369
any payment, if the retirant was eligible to receive a pension 370
under this section or section 5505.16 or 5505.18 of the Revised 371
Code and had elected to begin receiving it, the greater of eight 372
NINE hundred fifty dollars or fifty per cent of the computed 374
monthly pension awarded the retirant. 375
(c) If a monthly pension to a surviving spouse was 377
terminated due to a remarriage, the surviving spouse is eligible 379
to receive a monthly pension under division (A)(3) of this 381
section effective the first day of the first month following June 382
5, 1996. The pension shall be computed under division (A)(3) of 385
this section as of June 5, 1996. The pension payable to a person 388
who is the surviving spouse of more than one state highway patrol 389
retirement system member or retirant shall be computed on the 390
basis of the service of the member or retirant to whom the 391
surviving spouse was most recently married.
(4) A pension of one hundred fifty dollars per month shall 393
be paid by the system to or for the benefit of each child of a 394
deceased member or retirant until the child attains the age of 395
eighteen years or marries, whichever event occurs first, or until 396
the child attains twenty-three years of age if the child is a 397
student in and attending an institution of learning or training 399
pursuant to a program designed to complete in each school year 400
the equivalent of at least two-thirds of the full-time curriculum 401
requirements of the institution, as determined by the retirement 402
board. If any surviving child, regardless of age at the time of 403
the member's or retirant's death, because of physical or mental 404
disability, was totally dependent upon the deceased member or 405
retirant for support at the time of death, a pension of one 406
10
hundred fifty dollars per month shall be paid by the system to or 407
for the benefit of the child during the child's natural life or 408
until the child recovers from the disability. 409
(5)(a) If a retirant died prior to June 6, 1988, and the 411
surviving spouse was not married to the retirant while the 413
retirant was in the active service of the patrol, the surviving
spouse shall receive a pension of the greater of four hundred 415
twenty-five dollars per month or fifty per cent of the computed 416
monthly pension the retirant was receiving. 417
(b) If the pension payable to a person receiving a pension 419
under division (A)(5)(a) of this section on November 2, 1989, THE 420
EFFECTIVE DATE OF THIS AMENDMENT is less than six NINE hundred 422
dollars per month, the pension shall be increased to six NINE 424
hundred dollars per month.
(c) If the pension payable to a person receiving a pension 427
under division (A)(5)(a) of this section on June 5, 1996, is less 430
than eight hundred fifty dollars per month, the pension shall be 431
increased to eight hundred fifty dollars per month. 432
(6)(a) If a surviving spouse, child, or children of a 434
deceased member or retirant has been granted benefits prior to 435
November 18, 1981, such benefits shall be adjusted to comply 436
thereafter with the benefit provision of this section, except 437
that the adjusted benefits under division (A)(3) of this section 438
shall not exceed four hundred twenty-five dollars per month. 439
(b) If the pension payable to the surviving spouse of a 441
deceased member or retirant under division (A)(3) of this section 442
is less than six hundred dollars per month, the pension shall be 443
increased to six hundred dollars per month. 444
(c) If the pension payable to the surviving spouse of a 447
deceased member or retirant under division (A)(3) of this section 448
on June 5, 1996, THE EFFECTIVE DATE OF THIS AMENDMENT is less 449
than eight NINE hundred fifty dollars per month, the pension 452
shall be increased to eight NINE hundred fifty dollars per month. 454
(d)(b) The pension payable to a child of a deceased member 457
11
or retirant who is receiving a pension under division (A)(4) of 458
this section on June 5, 1996, shall be increased to one hundred 459
fifty dollars per month. 460
(7) If a deceased member or retirant leaves no spouse or 462
surviving children, but leaves two parents depending solely upon 463
the deceased member or retirant for support, each parent shall be 465
paid a monthly pension of one hundred fifty-four dollars. If in 466
such case there is only one parent dependent solely upon the 467
deceased member or retirant for support, such parent shall be 469
paid a monthly pension of one hundred fifty-four dollars. Such 470
pension shall be paid during the life of the surviving parents, 471
or until dependency ceases, or until remarriage, whichever event 472
occurs first.
(8) Any amount remaining as accumulated contributions at 474
the time of death of a member or retirant who leaves no surviving 476
spouse or dependent children or parents shall be paid to the 477
estate of the member or retirant.
(9) The increases provided for by divisions (A)(5)(b) and 479
(c) and (A)(6)(b) and (c)(a) of this section shall be included in 481
the calculation of the additional benefit paid under section 483
5505.174 of the Revised Code. 484
(B) The board shall adopt, and may amend or rescind, the 486
necessary rules for the administration of this section and all 487
decisions of the board shall be final. Any payment of a pension 488
or benefit under this section is subject to the provisions of 489
section 5505.26 of the Revised Code. 490
(C) A member's total service credit may include periods 492
during which the member's employment with the state highway 493
patrol is interrupted by a leave of absence, when requested by 495
the governor, to accept employment with another agency of the 496
state, provided that: 497
(1) The member is reemployed by the state highway patrol 499
within thirty days following termination of such other 500
employment;
12
(2) The member pays into the retirement system, to the 502
credit of the employees' savings fund, an amount equal to the 503
total contributions the member would have paid had the state 504
highway patrol employment not been so interrupted. Such 506
repayment shall begin within ninety days after the member's 507
return to duty with the state highway patrol and be completed 508
within a period equal to that of the leave of absence. 509
(D) Service credits granted under division (C) of this 511
section shall not include any duplications of credits for which a 512
pension is payable by the public employees retirement system. 513
Sec. 5505.171. (A) All persons who retired and were 522
eligible to receive a pension that was payable prior to July 1, 523
1968, pursuant to division (A)(1) of section 5505.17 or division 524
(B)(1) of section 5505.18 of the Revised Code, shall receive an 525
additional monthly payment of two dollars for each year between 526
the member's effective date of retirement or disability and 527
December 31, 1971, or an additional fifty dollars, whichever is 528
less. 529
On or before the first day of August in 1981 and on or 531
before the first day of August in each year thereafter, the state 532
highway patrol retirement board shall certify to the treasurer of 533
state the amount required to be paid in the preceding fiscal year 534
under this division. Upon receipt of such certification, the 535
treasurer of state shall pay to the state highway patrol 536
retirement system the amount certified. 537
(B) All persons who retired and were eligible to receive a 539
pension that was payable prior to July 1, 1981, pursuant to 540
division (A)(1) of section 5505.17 or division (B)(1) of section 541
5505.18 of the Revised Code shall have that pension recalculated 542
by the board so that each such person receives a monthly pension 543
of not less than four hundred twenty-five dollars. 544
(C) Each person who retired and was eligible to receive a 546
pension that was payable prior to November 2, 1989, pursuant to 547
division (A)(1) of section 5505.17 or division (B)(1) of section 549
13
5505.18 of the Revised Code shall have the pension recalculated 550
by the board so that the person receives a monthly pension of not 551
less than six hundred dollars. Any pension increase resulting 552
from a recalculation made under this division shall be included 553
in the calculation of the additional benefit paid under section 554
5505.174 of the Revised Code.
(D) Each person who retired and was eligible to receive a 556
pension, other than a reduced pension, that was payable prior to 558
September 21, 1994, THE EFFECTIVE DATE OF THIS AMENDMENT pursuant 559
to division (A) or (B) of section 5505.16 or division (B) of 560
section 5505.18 of the Revised Code shall have the pension 561
recalculated by the board so that the person receives a monthly 562
pension of not less than one thousand FIFTY dollars. Any pension 563
increase resulting from a recalculation made under this division 564
shall be included in the calculation of the additional benefit 565
paid under section 5505.174 of the Revised Code. 566
(E)(C) The pension of each person who is receiving a 568
pension pursuant to division (B) of section 5505.16 of the 569
Revised Code on the effective date of this amendment of less than 572
eight NINE hundred fifty dollars per month shall be increased to 574
eight NINE hundred fifty dollars per month. Any increase under 575
this division shall be included in the calculation of the 577
additional benefit paid under section 5505.174 of the Revised 578
Code. 579
Sec. 5505.176. (A) The state highway patrol retirement 588
system shall increase the pension payable to each person 589
receiving a pension granted prior to the effective date of this 590
section SEPTEMBER 16, 1998, that was calculated under division 592
(A)(1) of section 5505.17 of the Revised Code on the basis of 593
total service credit of more than twenty-five years. The 595
increase shall be an amount determined by multiplying the pension
payable to the member on the effective date of this section 597
SEPTEMBER 16, 1998, by the product obtained by multiplying by 598
one-half of one per cent the member's years and fraction of a
14
year of service in excess of twenty-five years, except that the 600
increased pension shall not exceed the limit established by
section 415 of the "Internal Revenue Code of 1986," 100 Stat. 602
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 603
effective date of this section OCTOBER 1, 1998, and shall be used 605
in determining the amount of the additional benefit paid under 606
section 5505.174 of the Revised Code. 607
(B) THE STATE HIGHWAY PATROL RETIREMENT SYSTEM SHALL 609
INCREASE THE PENSION PAYABLE TO EACH PERSON RECEIVING A PENSION 610
GRANTED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT THAT WAS 612
CALCULATED UNDER DIVISION (A)(1) OF SECTION 5505.17 OF THE 613
REVISED CODE ON THE BASIS OF TOTAL SERVICE CREDIT OF MORE THAN 615
TWENTY YEARS. THE INCREASE SHALL BE AN AMOUNT DETERMINED BY
MULTIPLYING THE PENSION PAYABLE TO THE MEMBER ON THE EFFECTIVE 617
DATE OF THIS AMENDMENT BY THE PRODUCT OBTAINED BY MULTIPLYING BY 618
ONE-QUARTER OF ONE PER CENT THE MEMBER'S YEARS AND FRACTION OF A 619
YEAR OF SERVICE IN EXCESS OF TWENTY YEARS BUT NOT IN EXCESS OF 620
TWENTY-FIVE YEARS, EXCEPT THAT THE INCREASED PENSION SHALL NOT 621
EXCEED THE LIMIT ESTABLISHED BY SECTION 415 OF THE "INTERNAL 622
REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 415, AS 625
AMENDED. THE INCREASED PENSION SHALL BE EFFECTIVE ON THE FIRST 626
DAY OF THE FIRST MONTH FOLLOWING THE EFFECTIVE DATE OF THIS
AMENDMENT AND SHALL BE USED IN DETERMINING THE AMOUNT OF THE 627
ADDITIONAL BENEFIT PAID UNDER SECTION 5505.174 OF THE REVISED 629
CODE.
Sec. 5505.18. As used in this section, "member" does not 639
include state highway patrol cadets attending training schools 640
pursuant to section 5503.05 of the Revised Code.
(A) Upon the application of a member of the state highway 642
patrol retirement system, a person acting on behalf of a member, 643
or the superintendent of the state highway patrol on behalf of a 645
member, a member who becomes totally and permanently 646
incapacitated for duty in the employ of the state highway patrol 647
15
may be retired by the board.
The medical examination of a member who has applied for 650
disability retirement shall be conducted by a competent physician 651
or physicians appointed by the board. The physician or 652
physicians shall file a written report with the board containing 653
the following information:
(1) Whether the member is totally incapacitated for duty 655
in the employ of the patrol; 656
(2) Whether the incapacity is expected to be permanent; 658
(3) The cause of the member's incapacity. 660
The board shall determine whether the member qualifies for 662
disability retirement and its decision shall be final. The board 663
shall consider the written medical report, opinions, statements, 664
and other competent evidence in making its determination. If the 665
incapacity is a result of heart disease or any cardiovascular 666
disease of a chronic nature, which disease or any evidence of 667
which was not revealed by the physical examination passed by the 668
member on entry into the patrol, the member is presumed to have 669
incurred the disease in the line of duty as a member of the 670
patrol, unless the contrary is shown by competent evidence. 671
(B)(1) A member whose retirement on account of disability 673
incurred in the line of duty shall receive the applicable pension 674
provided for in section 5505.17 of the Revised Code, except that 675
if the member has less than twenty-five years of contributing 676
service, the member's service credit shall be deemed to be 677
twenty-five years for the purpose of this provision. In no case 679
shall the member's disability pension be less than sixty 681
SIXTY-ONE AND ONE-QUARTER per cent or exceed the lesser of 683
seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent of the 684
member's final average salary or the limit established by section 685
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 686
U.S.C.A. 415, as amended. 687
(2) A member whose retirement on account of disability 689
incurred not in the line of duty shall receive the applicable 690
16
pension provided for in section 5505.17 of the Revised Code, 691
except that if the member has less than twenty years of 692
contributing service, the member's service credit shall be deemed 694
to be twenty years for the purpose of this provision. In no case 695
shall the member's disability pension exceed the lesser of 696
seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent of the 698
member's final average salary or the limit established by section 699
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 700
U.S.C.A. 415, as amended. 701
(C) The state highway patrol retirement board shall adopt 703
rules requiring a disability pension recipient, as a condition of 704
continuing to receive a disability pension, to agree in writing 705
to obtain any medical treatment recommended by the board's 706
physician and submit medical reports regarding the treatment. If 707
the board determines that a disability pension recipient is not 708
obtaining the medical treatment or the board does not receive a 709
required medical report, the disability pension shall be 711
suspended until the treatment is obtained, the report is received 713
by the board, or the board's physician certifies that the 714
treatment is no longer helpful or advisable. Should the 716
recipient's failure to obtain treatment or submit a medical
report continue for one year, the recipient's right to the 718
disability benefit shall be terminated as of the effective date 719
of the original suspension.
(D) A member placed on a disability pension who has not 721
attained the age of fifty-five years shall be subject to an 723
annual medical re-examination by physicians appointed by the
board, except that the board may waive the medical re-examination 725
if the board's physicians certify that the member's disability is 726
ongoing. If any member placed on a disability pension refuses to 727
submit to a medical re-examination, the member's disability 728
pension shall be suspended until the member withdraws the 730
refusal. If the refusal continues for one year, all the member's 731
rights under and to the disability pension shall be terminated as 732
17
of the effective date of the original suspension. 733
(E) Each recipient of a disability pension who has not 736
attained the age of fifty-five years shall file with the board an 737
annual statement of earnings, current medical information on the 738
recipient's condition, and any other information required in 739
rules adopted by the board. The board may waive the requirement 740
that a disability benefit recipient file an annual statement of 741
earnings or current medical information if the board's physician 742
certifies that the recipient's disability is ongoing. 743
The board shall annually examine the information submitted 746
by the recipient. If a recipient refuses to file the statement 747
or information, the disability pension shall be suspended until 748
the statement and information are filed. If the refusal 749
continues for one year, the right to the pension shall be 750
terminated as of the effective date of the original suspension.
(F)(1) Except as provided in division (F)(2) of this 752
section, a retirant who has been on disability pension, and who 754
has been physically examined and found no longer incapable of 755
performing the retirant's duties, shall be restored to the rank 758
the retirant held at the time the retirant was pensioned and all 759
previous rights shall be restored, including the retirant's civil 760
service status, and the disability pension shall terminate. Upon 762
return to employment in the patrol, the retirant shall again 763
become a contributing member of the retirement system, the total 766
service at the time of the retirant's retirement shall be 767
restored to the retirant's credit, and the retirant shall be 769
given service credit for the period the retirant was in receipt 771
of a disability pension. The provisions of division (F)(1) of 772
this section shall be retroactive to September 5, 1941. 773
(2) The state highway patrol is not required to take 776
action under division (F)(1) of this section if the retirant was 778
dismissed or resigned in lieu of dismissal for dishonesty, 779
misfeasance, malfeasance, or conviction of a felony. 780
(G) The board may adopt rules to carry out this section. 782
18
Sec. 5505.29. THE STATE HIGHWAY PATROL RETIREMENT BOARD 784
SHALL REFUND THE COST OF SERVICE CREDIT RESTORED UNDER SECTION 785
5505.20 OR PURCHASED UNDER DIVISION (D) OF SECTION 5505.16, 786
DIVISION (C) OF SECTION 5505.17, OR SECTION 5505.201, 5505.202, 788
OR 5505.25 OF THE REVISED CODE TO THE EXTENT THE CREDIT DOES NOT, 789
OR, IN THE CASE OF A PERSON WHO RETIRED OR DIED PRIOR TO THE 790
EFFECTIVE DATE OF THIS SECTION, DID NOT, INCREASE THE PENSION 791
PROVIDED TO THE RETIRANT OR SURVIVING SPOUSE UNDER SECTION 792
5505.16, 5505.162, 5505.17, OR 5505.18 OF THE REVISED CODE. THE 793
BOARD SHALL PROVIDE THE REFUND TO THE RETIRANT OR SURVIVING 795
SPOUSE. THE REFUND CANCELS AN EQUIVALENT AMOUNT OF SERVICE 796
CREDIT.
Sec. 5505.30. On the death of a person who at the time of 805
death is receiving a pension from the state highway patrol 807
retirement system under division (A)(1) or (2) of section 5505.17 808
or section 5505.18 of the Revised Code, a lump-sum payment of one 810
FIVE thousand dollars shall be paid to the retirant's surviving 811
spouse. If there is no surviving spouse, the payment shall be 812
made to the retirant's estate. 813
Application for the payment shall be made on a form 815
provided by the state highway patrol retirement board. 816
Section 2. That existing sections 5505.15, 5505.16, 818
5505.17, 5505.171, 5505.176, 5505.18, and 5505.30 of the Revised 819
Code are hereby repealed. 820
Section 3. Section 5505.16 of the Revised Code is 822
presented in this act as a composite of the section as amended by 823
both Am. Sub. H.B. 308 and Am. Sub. H.B. 450 of the 121st General 824
Assembly, with the new language of neither of the acts shown in 825
capital letters. This is in recognition of the principle stated 826
in division (B) of section 1.52 of the Revised Code that such
amendments are to be harmonized where not substantively 827
irreconcilable and constitutes a legislative finding that such is 828
the resulting version in effect prior to the effective date of 829
this act.