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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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.