As Reported by House Health, Retirement and Aging Committee     1            

123rd General Assembly                                             4            

   Regular Session                         Am. 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-REPRESENTATIVES OLMAN-      10           

  VESPER-PATTON-OGG-DePIERO-BARNES-HOLLISTER-WILLAMOWSKI-SMITH-    12           

                            J. BEATTY                                           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 5505.12, 5505.15, 5505.16,          16           

                5505.17, 5505.171, 5505.176, 5505.18, and 5505.30  18           

                and to enact sections 5505.163 and 5505.29 of the               

                Revised Code to reduce the member contribution     19           

                rate under the State Highway Patrol Retirement     20           

                System (SHPRS), increase pensions and the                       

                lump-sum death benefit provided by the system,     21           

                provide for refunds of purchased service credit    22           

                that does not increase a pension, allow a person                

                who retired prior to September 21, 1994, to        23           

                choose a joint and survivor annuity, and require   24           

                SHPRS to submit to the Ohio Retirement Study       25           

                Council and legislative committees the system's                 

                annual actuarial valuation not later than the      26           

                first day of July following the year for which                  

                the valuation was made.                            27           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        29           

      Section 1.  That sections 5505.12, 5505.15, 5505.16,         31           

5505.17, 5505.171, 5505.176, 5505.18, and 5505.30 be amended and   33           

sections 5505.163 and 5505.29 of the Revised Code be enacted to    34           

read as follows:                                                                

      Sec. 5505.12.  (A)  The state highway patrol retirement      51           

                                                          2      


                                                                 
board shall have prepared annually by or under the supervision of  52           

an actuary an actuarial valuation of the pension assets,           53           

liabilities, and funding requirements of the state highway patrol  54           

retirement system as established pursuant to this chapter.  The    55           

actuary shall complete the valuation in accordance with actuarial  56           

standards of practice promulgated by the actuarial standards                    

board of the American academy of actuaries and prepare a report    58           

of the valuation.  The report shall include all of the following:               

      (1)  A summary of the benefit provisions evaluated;          60           

      (2)  A summary of the census data and financial information  62           

used in the valuation;                                             63           

      (3)  A description of the actuarial assumptions, actuarial   65           

cost method, and asset valuation method used in the valuation,     66           

including a statement of the assumed rate of payroll growth and    67           

assumed rate of growth or decline in the number of members         68           

contributing to the retirement system;                                          

      (4)  A summary of findings that includes a statement of the  70           

actuarial accrued pension liabilities and unfunded actuarial       71           

accrued pension liabilities;                                       72           

      (5)  A schedule showing the effect of any changes in the     74           

benefit provisions, actuarial assumptions, or cost methods since   75           

the last annual actuarial valuation;                               76           

      (6)  A statement of whether contributions to the retirement  78           

system are expected to be sufficient to satisfy the funding        79           

objectives established by the board.                               80           

      The board shall submit the report to the Ohio retirement     83           

study commission COUNCIL and the standing committees of the house  84           

of representatives and the senate with primary responsibility for  85           

retirement legislation not later than the first day of November    86           

JULY following the year for which the valuation was made.          87           

      (B)  At such times as the state highway patrol retirement    90           

board determines, and at least once in each five-year period       91           

after January 1, 1966, the board shall have prepared by or under   92           

the supervision of an actuary an actuarial investigation of the    93           

                                                          3      


                                                                 
mortality, service, and other experience of the members,           94           

retirants, and beneficiaries to update the actuarial assumptions   95           

used in the actuarial valuation required by division (A) of this   96           

section.  The actuary shall prepare a report of the actuarial      97           

investigation.  The report shall be prepared and any recommended   98           

changes in actuarial assumptions shall be made in accordance with  100          

the actuarial standards of practice promulgated by the actuarial   101          

standards board of the American academy of actuaries.  The report  102          

shall include all of the following:                                             

      (1)  A summary of relevant decrement and economic            104          

assumption experience observed over the period of the              105          

investigation;                                                                  

      (2)  Recommended changes in actuarial assumptions to be      107          

used in subsequent actuarial valuations required by division (A)   109          

of this section;                                                                

      (3)  A measurement of the financial effect of the            111          

recommended changes in actuarial assumptions.                      112          

      The board shall submit the report to the Ohio retirement     115          

study commission COUNCIL and the standing committees of the house  116          

of representatives and the senate with primary responsibility for  117          

retirement legislation not later than the first day of November    118          

following the last fiscal year of the period the report covers.    119          

      (C)  The  board may at any time request the actuary to make  121          

any studies or actuarial valuations to determine the adequacy of   123          

the rates of contributions provided by section 5505.15 of the      124          

Revised Code.                                                                   

      (D)  The board shall have prepared by or under the           126          

supervision of an actuary an actuarial analysis of any introduced  127          

legislation expected to have a measurable financial impact on the  128          

retirement system.  The actuarial analysis shall be completed in   129          

accordance with the actuarial standards of practice promulgated    130          

by the actuarial standards board of the American academy of        131          

actuaries.  The actuary shall prepare a report of the actuarial    132          

analysis, which shall include all of the following:                133          

                                                          4      


                                                                 
      (1)  A summary of the statutory changes that are being       135          

evaluated;                                                                      

      (2)  A description of or reference to the actuarial          137          

assumptions and actuarial cost method used in the report;          138          

      (3)  A description of the participant group or groups        140          

included in the report;                                            141          

      (4)  A statement of the financial impact of the              143          

legislation, including the resulting increase, if any, in the      144          

employer normal cost percentage; the increase, if any, in          145          

actuarial accrued liabilities; and the per cent of payroll that    146          

would be required to amortize the increase in actuarial accrued                 

liabilities as a level per cent of covered payroll for all active  147          

members over a period not to exceed thirty years;                  148          

      (5)  A statement of whether the scheduled contributions to   150          

the system after the proposed change is enacted are expected to    151          

be sufficient to satisfy the funding objectives established by     152          

the board.                                                                      

      Not later than sixty days from the date of introduction of   154          

the legislation, the board shall submit a copy of the actuarial    155          

analysis to the legislative budget office of the legislative       156          

service commission, the standing committees of the house of        157          

representatives and the senate with primary responsibility for     158          

retirement legislation, and the Ohio retirement study commission   159          

COUNCIL.                                                                        

      (E)  The board shall have prepared annually a report giving  162          

a full accounting of the revenues and costs relating to the        163          

provision of benefits under section 5505.28 of the Revised Code.   165          

The report shall be made as of December 31, 1997, and the          167          

thirty-first day of December of each year thereafter.  The report  168          

shall include the following:                                                    

      (1)  A description of the statutory authority for the        170          

benefits provided;                                                 171          

      (2)  A summary of the benefits;                              173          

      (3)  A summary of the eligibility requirements for the       175          

                                                          5      


                                                                 
benefits;                                                          176          

      (4)  A statement of the number of participants eligible for  178          

the benefits;                                                      179          

      (5)  A description of the accounting, asset valuation, and   181          

funding method used to provide the benefits;                       182          

      (6)  A statement of the net assets available for the         184          

provision of the benefits as of the last day of the fiscal year;   186          

      (7)  A statement of any changes in the net assets available  189          

for the provision of benefits, including participant and employer  190          

contributions, net investment income, administrative expenses,     191          

and benefits provided to participants, as of the last day of the   192          

fiscal year;                                                                    

      (8)  For the last six consecutive fiscal years, a schedule   194          

of the net assets available for the benefits, the annual cost of   196          

benefits, administrative expenses incurred, and annual employer    197          

contributions allocated for the provision of benefits;             198          

      (9)  A description of any significant changes that affect    200          

the comparability of the report required under this division;      202          

      (10)  A statement of the amount paid under division (C) of   204          

section 5505.28 of the Revised Code.                               205          

      The board shall submit the report to the Ohio retirement     208          

study commission COUNCIL and the standing committees of the house  209          

of representatives and the senate with primary responsibility for  210          

retirement legislation not later than the thirtieth day of June    212          

following the year for which the report was made.                               

      Sec. 5505.12.  (A)  The state highway patrol retirement      222          

board shall have prepared annually by or under the supervision of  223          

an actuary an actuarial valuation of the pension assets,           224          

liabilities, and funding requirements of the state highway patrol  225          

retirement system as established pursuant to this chapter.  The    226          

actuary shall complete the valuation in accordance with actuarial  227          

standards of practice promulgated by the actuarial standards                    

board of the American academy of actuaries and prepare a report    229          

of the valuation.  The report shall include all of the following:               

                                                          6      


                                                                 
      (1)  A summary of the benefit provisions evaluated;          231          

      (2)  A summary of the census data and financial information  233          

used in the valuation;                                             234          

      (3)  A description of the actuarial assumptions, actuarial   236          

cost method, and asset valuation method used in the valuation,     237          

including a statement of the assumed rate of payroll growth and    238          

assumed rate of growth or decline in the number of members         239          

contributing to the retirement system;                                          

      (4)  A summary of findings that includes a statement of the  241          

actuarial accrued pension liabilities and unfunded actuarial       242          

accrued pension liabilities;                                       243          

      (5)  A schedule showing the effect of any changes in the     245          

benefit provisions, actuarial assumptions, or cost methods since   246          

the last annual actuarial valuation;                               247          

      (6)  A statement of whether contributions to the retirement  249          

system are expected to be sufficient to satisfy the funding        250          

objectives established by the board.                               251          

      The board shall submit the report to the Ohio retirement     254          

study commission COUNCIL and the standing committees of the house  255          

of representatives and the senate with primary responsibility for  256          

retirement legislation not later than the first day of November    257          

JULY following the year for which the valuation was made.          258          

      (B)  At such times as the state highway patrol retirement    261          

board determines, and at least once in each five-year period       262          

after January 1, 1966, the board shall have prepared by or under   263          

the supervision of an actuary an actuarial investigation of the    264          

mortality, service, and other experience of the members,           265          

retirants, and beneficiaries to update the actuarial assumptions   266          

used in the actuarial valuation required by division (A) of this   267          

section.  The actuary shall prepare a report of the actuarial      268          

investigation.  The report shall be prepared and any recommended   269          

changes in actuarial assumptions shall be made in accordance with  271          

the actuarial standards of practice promulgated by the actuarial   272          

standards board of the American academy of actuaries.  The report  273          

                                                          7      


                                                                 
shall include all of the following:                                             

      (1)  A summary of relevant decrement and economic            275          

assumption experience observed over the period of the              276          

investigation;                                                                  

      (2)  Recommended changes in actuarial assumptions to be      278          

used in subsequent actuarial valuations required by division (A)   280          

of this section;                                                                

      (3)  A measurement of the financial effect of the            282          

recommended changes in actuarial assumptions.                      283          

      The board shall submit the report to the Ohio retirement     286          

study commission COUNCIL and the standing committees of the house  287          

of representatives and the senate with primary responsibility for  288          

retirement legislation not later than the first day of November    289          

following the last fiscal year of the period the report covers.    290          

      (C)  The  board may at any time request the actuary to make  292          

any studies or actuarial valuations to determine the adequacy of   294          

the rates of contributions provided by section 5505.15 of the      295          

Revised Code.                                                                   

      (D)  The board shall have prepared by or under the           297          

supervision of an actuary an actuarial analysis of any introduced  298          

legislation expected to have a measurable financial impact on the  299          

retirement system.  The actuarial analysis shall be completed in   300          

accordance with the actuarial standards of practice promulgated    301          

by the actuarial standards board of the American academy of        302          

actuaries.  The actuary shall prepare a report of the actuarial    303          

analysis, which shall include all of the following:                304          

      (1)  A summary of the statutory changes that are being       306          

evaluated;                                                                      

      (2)  A description of or reference to the actuarial          308          

assumptions and actuarial cost method used in the report;          309          

      (3)  A description of the participant group or groups        311          

included in the report;                                            312          

      (4)  A statement of the financial impact of the              314          

legislation, including the resulting increase, if any, in the      315          

                                                          8      


                                                                 
employer normal cost percentage; the increase, if any, in          316          

actuarial accrued liabilities; and the per cent of payroll that    317          

would be required to amortize the increase in actuarial accrued                 

liabilities as a level per cent of covered payroll for all active  318          

members over a period not to exceed thirty years;                  319          

      (5)  A statement of whether the scheduled contributions to   321          

the system after the proposed change is enacted are expected to    322          

be sufficient to satisfy the funding objectives established by     323          

the board.                                                                      

      Not later than sixty days from the date of introduction of   325          

the legislation, the board shall submit a copy of the actuarial    326          

analysis to the legislative budget office of the legislative       327          

service commission, the standing committees of the house of        328          

representatives and the senate with primary responsibility for     329          

retirement legislation, and the Ohio retirement study commission   330          

COUNCIL.                                                                        

      (E)  The board shall have prepared annually a report giving  333          

a full accounting of the revenues and costs relating to the        334          

provision of benefits under section 5505.28 of the Revised Code.   336          

The report shall be made as of December 31, 1997, and the          338          

thirty-first day of December of each year thereafter.  The report  339          

shall include the following:                                                    

      (1)  A description of the statutory authority for the        341          

benefits provided;                                                 342          

      (2)  A summary of the benefits;                              344          

      (3)  A summary of the eligibility requirements for the       346          

benefits;                                                          347          

      (4)  A statement of the number of participants eligible for  349          

the benefits;                                                      350          

      (5)  A description of the accounting, asset valuation, and   352          

funding method used to provide the benefits;                       353          

      (6)  A statement of the net assets available for the         355          

provision of the benefits as of the last day of the fiscal year;   357          

      (7)  A statement of any changes in the net assets available  360          

                                                          9      


                                                                 
for the provision of benefits, including participant and employer  361          

contributions, net investment income, administrative expenses,     362          

and benefits provided to participants, as of the last day of the   363          

fiscal year;                                                                    

      (8)  For the last six consecutive fiscal years, a schedule   365          

of the net assets available for the benefits, the annual cost of   367          

benefits, administrative expenses incurred, and annual employer    368          

contributions allocated for the provision of benefits;             369          

      (9)  A description of any significant changes that affect    371          

the comparability of the report required under this division;      373          

      (10)  A statement of the amount paid under division (C) of   375          

section 5505.28 of the Revised Code.                               376          

      The board shall submit the report to the Ohio retirement     379          

study commission COUNCIL and the standing committees of the house  380          

of representatives and the senate with primary responsibility for  381          

retirement legislation not later than the thirtieth day of June    383          

following the year for which the report was made.                               

      Sec. 5505.15.  (A)(1)  A member of the state highway patrol  385          

retirement system shall contribute ten NINE AND ONE-HALF per cent  387          

of the member's annual salary to the state highway patrol          388          

retirement fund.  The amount shall be deducted by the employer     390          

from the employee's salary for each payroll period.                391          

      (2)  The total contributions arising from deductions made    393          

prior to January 1, 1966, from the salaries of members in the      394          

employ of the state highway patrol and standing to the credit of   395          

their individual accounts in the retirement fund shall be          396          

transferred and credited to their respective individual accounts   397          

in the employees' savings fund.                                    398          

      (B)  The state shall annually pay into the employer          400          

accumulation fund, in monthly or less frequent installments as     401          

the state highway patrol retirement board requires, an amount      402          

that shall be a certain percentage of the total salaries paid      404          

contributing members and shall be known as the "employer           405          

contribution."  If a member severs connection with the patrol or   407          

                                                          10     


                                                                 
is dismissed, the employer contribution shall remain in the                     

retirement system.                                                 408          

      The rate percentage of the employer contribution shall be    410          

certified by the board to the director of budget and management    411          

and shall not be lower than nine per cent of the total salaries    412          

paid contributing members and shall not exceed three times the     413          

rate percentage being deducted from the annual salaries of         414          

contributing members.  The board shall prepare and submit to the   415          

director, on or before the first day of November of each           416          

even-numbered year, an estimate of the amounts necessary to pay    417          

the state's obligations accruing during the biennium beginning     418          

the first day of July of the following year.  Such amounts shall   419          

be included in the budget and allocated as certified by the        420          

board.                                                             421          

      Sec. 5505.16.  (A)  A member of the state highway patrol     431          

retirement system who has been in the service of the state         432          

highway patrol for a period of twenty-five years as an employee    433          

according to the rules adopted by the state highway patrol         434          

retirement board may make application for a pension which, if the  435          

member is under age forty-eight, shall be deferred until the       436          

member age forty-eight.                                            437          

      (B)  A member of the retirement system who has been in the   439          

service of the highway patrol for a period of twenty years as an   440          

employee according to the rules adopted by the retirement board,   441          

may make application for a pension that, if the member is under    442          

age fifty-two, shall be deferred until the member age fifty-two,   443          

except that any such member who has attained twenty years of       444          

service may, on or after the member attaining age forty-eight but  446          

before the member attaining age fifty-two, elect to receive a      448          

reduced pension of the greater of eight NINE hundred fifty         450          

dollars or an amount computed as follows:                          451          

      Attained Age                Reduced Pension                  453          

           48              75% of normal service pension           454          

           49              80% of normal service pension           455          

                                                          11     


                                                                 
           50              86% of normal service pension           456          

           51              93% of normal service pension           457          

      In the case of a member who elects to receive a reduced      460          

pension on or after the member attaining age forty-eight but       462          

before the member attaining age forty-nine, the reduced pension    463          

is payable from the later of the date the member the member        464          

attains age forty-eight or the date the member becomes eligible    465          

to receive the reduced pension.  In the case of a member who       467          

elects to receive a reduced pension on or after the member         468          

attaining age forty-nine but before the member attaining age       470          

fifty, the reduced pension is payable from the later of the date   471          

the member the member attains age forty-nine or the date the       472          

member becomes eligible to receive the reduced pension.  In the    475          

case of a member who elects to receive a reduced pension on or     476          

after the member attaining age fifty but before the member         477          

attaining age fifty-one, the reduced pension is payable from the   479          

later of the date the member the member attains age fifty or the   481          

date the member becomes eligible to receive the reduced pension.   482          

In the case of a member who elects to receive a reduced pension    484          

on or after the member attaining age fifty-one but before the      485          

member attaining age fifty-two, the reduced pension is payable     486          

from the later of the date the member OF the member attains age    488          

fifty-one MEMBER'S MOST RECENT BIRTHDAY or the date the member     489          

becomes eligible to receive the reduced pension.                   490          

      A member who has elected to receive a reduced pension in     492          

accordance with the schedule provided in this division and has     493          

received a payment in connection therewith the member may not      495          

change the election.                                                            

      (C)  Any member who attains the age of fifty-five years and  497          

has been in the service of the patrol for a period of twenty       498          

years as a uniformed patrol officer according to the rules         499          

adopted by the board, shall file application for retirement with   500          

the board, and if the member refuses or neglects to do so, the     501          

board may deem the member's application to have been filed on the  502          

                                                          12     


                                                                 
member's fifty-fifth birthday.  The member may, upon written       503          

application approved by the superintendent of the state highway    504          

patrol, be continued in service after attaining the age of         505          

fifty-five years, but only until the member has accumulated        506          

twenty years of service.                                                        

      (D)(1)  As used in this division:                            508          

      (a)  "Service in the uniformed services" means the           510          

performance of duty on a voluntary or involuntary basis in a       511          

uniformed service under competent authority and includes active    512          

duty, active duty for training, initial active duty for training,  513          

inactive duty training, full-time national guard duty, and a       514          

period for which a person is absent from a position of employment  515          

for the purpose of an examination to determine the fitness of the               

person to perform any such duty.                                   516          

      (b)  "Uniformed services" of the United States includes      518          

both:                                                                           

      (i)  Army, navy, air force, marine corps, coast guard, or    521          

any reserve components of these services; auxiliary corps as                    

established by congress; army nurse corps; navy nurse corps;       523          

service as red cross nurse with the army, navy, air force, or      524          

hospital service of the United States, or serving full-time with   525          

the American red cross in a combat zone; and such other service                 

as is designated by the congress as included therein;              527          

      (ii)  Personnel of the Ohio national guard, the Ohio         529          

military reserve, the Ohio naval militia, and the reserve          530          

components of the armed forces enumerated in division (D)(1) of    532          

this section who are called to active duty pursuant to an          533          

executive order issued by the president of the United States or    534          

an act of congress.                                                535          

      (2)  A member's total service credit may include periods     537          

not to exceed a total of seven years, while the member's           538          

employment with the state highway patrol is or was interrupted     540          

due to service the member in the uniformed services of the United  542          

States.  Such military service shall be credited to the member     543          

                                                          13     


                                                                 
towards total service as provided by this chapter and to the       544          

extent approved by the board, provided that:                       545          

      (a)  The member is or was honorably discharged from service  547          

in the uniformed services;                                         548          

      (b)  The member is or was reemployed RE-EMPLOYED by the      550          

state highway patrol within ninety days immediately following      552          

termination of service in the uniformed services;                  553          

      (c)  The member, subject to board rules, pays into the       555          

retirement system to the member's credit in the employees'         557          

savings fund an amount equal to the total contributions the        558          

member would have paid had state highway patrol employment not     559          

been so interrupted.  Such the member's payment may be made at     560          

any time prior to receipt of a pension.                                         

      (3)  the member If the member meets the requirements of      562          

division (D)(2) of this section, on receipt of contributions from  564          

the member, the state highway patrol shall be billed for the       565          

employer contribution that would have been paid pursuant to        566          

section 5505.15 of the Revised Code if the member had not          567          

rendered service in the uniformed services, subject to board       568          

rules.                                                             569          

      (4)  If under division (D)(2)(c) of this section a member    572          

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  573          

period of service in the uniformed services beginning from the     574          

later of the member's date of re-employment or the effective date  575          

of this amendment OCTOBER 29, 1996, an amount equal to compound    577          

interest at a rate established by the board from the later of the  578          

member's date of re-employment or the effective date of this       579          

amendment OCTOBER 29, 1996, to the date of payment shall be added  581          

to the remaining amount to be paid by the member to purchase       582          

service credit under this section.                                              

      (5)  Credit purchased by a member under division (D)(2) of   584          

this section shall be used to determine the member's eligibility   586          

for retirement under this section and section 5505.17 of the       587          

                                                          14     


                                                                 
Revised Code.                                                                   

      Sec. 5505.163.  (A)  A RETIRANT WHO RETIRED PRIOR TO         590          

SEPTEMBER 21, 1994, UNDER SECTION 5505.16 OF THE REVISED CODE MAY  591          

ELECT TO RECEIVE THE ACTUARIAL EQUIVALENT OF THE RETIRANT'S        592          

PENSION IN A LESSER AMOUNT PAYABLE FOR THE REMAINDER OF THE        593          

RETIRANT'S LIFE AND CONTINUING AFTER DEATH TO THE RETIRANT'S       594          

SURVIVING DESIGNATED BENEFICIARY UNDER ONE OF THE OPTIONAL PLANS   595          

DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF SECTION 5505.162 OF   596          

THE REVISED CODE, PROVIDED THE ANNUAL AMOUNT PAYABLE TO THE        598          

DESIGNATED BENEFICIARY SHALL NOT EXCEED THE ANNUAL AMOUNT PAYABLE  599          

TO THE RETIRANT, THE AMOUNT IS CERTIFIED BY THE ACTUARY EMPLOYED   600          

BY THE STATE HIGHWAY PATROL RETIREMENT SYSTEM TO BE THE ACTUARIAL  601          

EQUIVALENT OF THE RETIRANT'S PENSION, AND THE STATE HIGHWAY        602          

PATROL RETIREMENT BOARD APPROVES THE AMOUNT.                       603          

      (B)  A RETIRANT INTERESTED IN MAKING THE ELECTION            605          

AUTHORIZED BY DIVISION (A) OF THIS SECTION SHALL FILE A NOTICE OF  606          

INTEREST WITH THE BOARD NOT LATER THAN SIXTY DAYS AFTER THE        607          

EFFECTIVE DATE OF THIS SECTION.  THE BOARD SHALL ADVISE THE        609          

RETIRANT WITH RESPECT TO THE CHOICES AVAILABLE UNDER THE OPTIONAL               

PLANS AND HAVE A DETERMINATION MADE OF THE MONTHLY PENSION         611          

PAYABLE UNDER THE OPTIONAL PLAN ELECTED BY THE MEMBER FOR          612          

INCLUSION IN THE STATEMENT TO BE FILED UNDER DIVISION (C) OF THIS  613          

SECTION.                                                                        

      (C)  TO MAKE THE ELECTION AUTHORIZED BY DIVISION (A) OF      616          

THIS SECTION, A RETIRANT SHALL FILE A STATEMENT, ON A FORM         617          

PROVIDED BY THE BOARD, INDICATING THAT THE RETIRANT ELECTS TO      618          

PARTICIPATE IN THE OPTIONAL PLAN SPECIFIED IN THE STATEMENT.  THE  620          

FORM MUST BE FILED WITH THE BOARD NOT LATER THAN ONE HUNDRED       621          

TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.              622          

      (D)  A NOTICE OR STATEMENT MAILED TO THE BOARD SHALL BE      624          

CONSIDERED TO HAVE BEEN FILED ON ITS POSTMARK DATE.                625          

      (E)  ANY OPTION ELECTED AND PAYMENTS MADE UNDER THIS         627          

SECTION SHALL BE IN ADDITION TO ANY PENSION PAYABLE TO THE         628          

RETIRANT'S SURVIVING SPOUSE, CHILDREN, OR PARENTS UNDER SECTION    629          

                                                          15     


                                                                 
5505.17 OF THE REVISED CODE.                                       630          

      Sec. 5505.17.  (A)(1)  Upon retirement as provided in        639          

section 5505.16 of the Revised Code, a member of the state         640          

highway patrol retirement system shall receive a life pension,     641          

without guaranty or refund, equal to THE GREATER OF ONE THOUSAND   642          

FIFTY DOLLARS OR the sum of two and one-half per cent of the       644          

member's final average salary multiplied by the first twenty       645          

years of total service credit, plus two AND ONE-QUARTER per cent   646          

of the member's final average salary multiplied by the number of   647          

years, and fraction of a year, of total service credit in excess   649          

of twenty years BUT NOT IN EXCESS OF TWENTY-FIVE YEARS, PLUS TWO   650          

PER CENT OF THE MEMBER'S FINAL AVERAGE SALARY MULTIPLIED BY THE    651          

NUMBER OF YEARS, AND FRACTION OF A YEAR, IN EXCESS OF TWENTY-FIVE  652          

YEARS; provided that in no case shall the pension exceed the       653          

lesser of seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent of   654          

the member's final average salary or the limit established by      656          

section 415 of the "Internal Revenue Code of 1986," 100 Stat.      657          

2085, 26 U.S.C.A. 415, as amended.                                              

      (2)  A member with fifteen or more years of total service    659          

credit, who voluntarily resigns or who is discharged from the      660          

state highway patrol for any reason except retirement under this   662          

chapter, death, dishonesty, cowardice, intemperate habits, or      663          

conviction of a felony, shall receive a pension equal to one and   664          

one-half per cent of the member's final average salary multiplied  665          

by the number of years, and fraction of a year, of total service   666          

credit, except that the pension shall not exceed the limit         667          

established by section 415 of the "Internal Revenue Code of        668          

1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.  The pension   669          

shall commence at the end of the calendar month in which the       670          

application is filed with the retirement board on or after the     671          

attainment of age fifty-five years by the applicant.  A member     672          

who withdraws any part or all of the accumulated contributions     674          

from the employees' savings fund shall thereupon forfeit all       675          

rights to a pension provided for in this division.                 676          

                                                          16     


                                                                 
      (3)(a)  A surviving spouse of a deceased member shall        678          

receive a monthly pension, determined as follows, during the       679          

spouse's life:                                                     680          

      (i)  If at the time of death the member was not eligible to  683          

be granted a pension payable under this section or to elect to     684          

receive a reduced pension payable under section 5505.16 of the     685          

Revised Code, eight NINE hundred fifty dollars;                                 

      (ii)  If at the time of death the member was eligible to be  688          

granted a pension payable under this section or to elect to                     

receive a reduced pension payable under section 5505.16 of the     689          

Revised Code, the greater of eight NINE hundred fifty dollars or   691          

fifty per cent of the computed monthly pension the member would    693          

have received had the member been granted a pension under this     694          

section or elected to receive a reduced pension under section      695          

5505.16 of the Revised Code.                                       696          

      (b)  The surviving spouse of a retirant shall receive a      698          

monthly pension, determined as follows, during the spouse's life:  699          

      (i)  If the retirant had applied for a pension payable       701          

under section 5505.16 of the Revised Code, but at the time of      702          

death had not attained the age of eligibility for the pension,     703          

eight NINE hundred fifty dollars;                                  704          

      (ii)  If the retirant had applied for a pension payable      706          

under section 5505.16 of the Revised Code and had attained the     707          

age of eligibility for the pension, but at the time of death had   709          

not elected to begin receiving the pension, the greater of eight   710          

NINE hundred fifty dollars or fifty per cent of the computed       711          

monthly pension the retirant was eligible to receive under         713          

section 5505.16 of the Revised Code;                               714          

      (iii)  If the retirant was receiving a pension under this    716          

section or section 5505.16 or 5505.18 of the Revised Code, or,     717          

regardless of whether or not the retirant had actually received    718          

any payment, if the retirant was eligible to receive a pension     719          

under this section or section 5505.16 or 5505.18 of the Revised    720          

Code and had elected to begin receiving it, the greater of eight   721          

                                                          17     


                                                                 
NINE hundred fifty dollars or fifty per cent of the computed       723          

monthly pension awarded the retirant.                              724          

      (c)  If a monthly pension to a surviving spouse was          726          

terminated due to a remarriage, the surviving spouse is eligible   728          

to receive a monthly pension under division (A)(3) of this         730          

section effective the first day of the first month following June  731          

5, 1996.  The pension shall be computed under division (A)(3) of   734          

this section as of June 5, 1996.  The pension payable to a person  737          

who is the surviving spouse of more than one state highway patrol  738          

retirement system member or retirant shall be computed on the      739          

basis of the service of the member or retirant to whom the         740          

surviving spouse was most recently married.                                     

      (4)  A pension of one hundred fifty dollars per month shall  742          

be paid by the system to or for the benefit of each child of a     743          

deceased member or retirant until the child attains the age of     744          

eighteen years or marries, whichever event occurs first, or until  745          

the child attains twenty-three years of age if the child is a      746          

student in and attending an institution of learning or training    748          

pursuant to a program designed to complete in each school year     749          

the equivalent of at least two-thirds of the full-time curriculum  750          

requirements of the institution, as determined by the retirement   751          

board.  If any surviving child, regardless of age at the time of   752          

the member's or retirant's death, because of physical or mental    753          

disability, was totally dependent upon the deceased member or      754          

retirant for support at the time of death, a pension of one        755          

hundred fifty dollars per month shall be paid by the system to or  756          

for the benefit of the child during the child's natural life or    757          

until the child recovers from the disability.                      758          

      (5)(a)  If a retirant died prior to June 6, 1988, and the    760          

surviving spouse was not married to the retirant while the         762          

retirant was in the active service of the patrol, the surviving                 

spouse shall receive a pension of the greater of four hundred      764          

twenty-five dollars per month or fifty per cent of the computed    765          

monthly pension the retirant was receiving.                        766          

                                                          18     


                                                                 
      (b)  If the pension payable to a person receiving a pension  768          

under division (A)(5)(a) of this section on November 2, 1989, THE  769          

EFFECTIVE DATE OF THIS AMENDMENT is less than six NINE hundred     771          

dollars per month, the pension shall be increased to six NINE      773          

hundred dollars per month.                                                      

      (c)  If the pension payable to a person receiving a pension  776          

under division (A)(5)(a) of this section on June 5, 1996, is less  779          

than eight hundred fifty dollars per month, the pension shall be   780          

increased to eight hundred fifty dollars per month.                781          

      (6)(a)  If a surviving spouse, child, or children of a       783          

deceased member or retirant has been granted benefits prior to     784          

November 18, 1981, such benefits shall be adjusted to comply       785          

thereafter with the benefit provision of this section, except      786          

that the adjusted benefits under division (A)(3) of this section   787          

shall not exceed four hundred twenty-five dollars per month.       788          

      (b)  If the pension payable to the surviving spouse of a     790          

deceased member or retirant under division (A)(3) of this section  791          

is less than six hundred dollars per month, the pension shall be   792          

increased to six hundred dollars per month.                        793          

      (c)  If the pension payable to the surviving spouse of a     796          

deceased member or retirant under division (A)(3) of this section  797          

on June 5, 1996, THE EFFECTIVE DATE OF THIS AMENDMENT is less      798          

than eight NINE hundred fifty dollars per month, the pension       801          

shall be increased to eight NINE hundred fifty dollars per month.  803          

      (d)(b)  The pension payable to a child of a deceased member  806          

or retirant who is receiving a pension under division (A)(4) of    807          

this section on June 5, 1996, shall be increased to one hundred    808          

fifty dollars per month.                                           809          

      (7)  If a deceased member or retirant leaves no spouse or    811          

surviving children, but leaves two parents depending solely upon   812          

the deceased member or retirant for support, each parent shall be  814          

paid a monthly pension of one hundred fifty-four dollars.  If in   815          

such case there is only one parent dependent solely upon the       816          

deceased member or retirant for support, such parent shall be      818          

                                                          19     


                                                                 
paid a monthly pension of one hundred fifty-four dollars.  Such    819          

pension shall be paid during the life of the surviving parents,    820          

or until dependency ceases, or until remarriage, whichever event   821          

occurs first.                                                                   

      (8)  Any amount remaining as accumulated contributions at    823          

the time of death of a member or retirant who leaves no surviving  825          

spouse or dependent children or parents shall be paid to the       826          

estate of the member or retirant.                                               

      (9)  The increases provided for by divisions (A)(5)(b) and   828          

(c) and (A)(6)(b) and (c)(a) of this section shall be included in  830          

the calculation of the additional benefit paid under section       832          

5505.174 of the Revised Code.                                      833          

      (B)  The board shall adopt, and may amend or rescind, the    835          

necessary rules for the administration of this section and all     836          

decisions of the board shall be final.  Any payment of a pension   837          

or benefit under this section is subject to the provisions of      838          

section 5505.26 of the Revised Code.                               839          

      (C)  A member's total service credit may include periods     841          

during which the member's employment with the state highway        842          

patrol is interrupted by a leave of absence, when requested by     844          

the governor, to accept employment with another agency of the      845          

state, provided that:                                              846          

      (1)  The member is reemployed by the state highway patrol    848          

within thirty days following termination of such other             849          

employment;                                                                     

      (2)  The member pays into the retirement system, to the      851          

credit of the employees' savings fund, an amount equal to the      852          

total contributions the member would have paid had the state       853          

highway patrol employment not been so interrupted.  Such           855          

repayment shall begin within ninety days after the member's        856          

return to duty with the state highway patrol and be completed      857          

within a period equal to that of the leave of absence.             858          

      (D)  Service credits granted under division (C) of this      860          

section shall not include any duplications of credits for which a  861          

                                                          20     


                                                                 
pension is payable by the public employees retirement system.      862          

      Sec. 5505.171.  (A)  All persons who retired and were        871          

eligible to receive a pension that was payable prior to July 1,    872          

1968, pursuant to division (A)(1) of section 5505.17 or division   873          

(B)(1) of section 5505.18 of the Revised Code, shall receive an    874          

additional monthly payment of two dollars for each year between    875          

the member's effective date of retirement or disability and        876          

December 31, 1971, or an additional fifty dollars, whichever is    877          

less.                                                              878          

      On or before the first day of August in 1981 and on or       880          

before the first day of August in each year thereafter, the state  881          

highway patrol retirement board shall certify to the treasurer of  882          

state the amount required to be paid in the preceding fiscal year  883          

under this division.  Upon receipt of such certification, the      884          

treasurer of state shall pay to the state highway patrol           885          

retirement system the amount certified.                            886          

      (B)  All persons who retired and were eligible to receive a  888          

pension that was payable prior to July 1, 1981, pursuant to        889          

division (A)(1) of section 5505.17 or division (B)(1) of section   890          

5505.18 of the Revised Code shall have that pension recalculated   891          

by the board so that each such person receives a monthly pension   892          

of not less than four hundred twenty-five dollars.                 893          

      (C)  Each person who retired and was eligible to receive a   895          

pension that was payable prior to November 2, 1989, pursuant to    896          

division (A)(1) of section 5505.17 or division (B)(1) of section   898          

5505.18 of the Revised Code shall have the pension recalculated    899          

by the board so that the person receives a monthly pension of not  900          

less than six hundred dollars.  Any pension increase resulting     901          

from a recalculation made under this division shall be included    902          

in the calculation of the additional benefit paid under section    903          

5505.174 of the Revised Code.                                                   

      (D)  Each person who retired and was eligible to receive a   905          

pension, other than a reduced pension, that was payable prior to   907          

September 21, 1994, THE EFFECTIVE DATE OF THIS AMENDMENT pursuant  908          

                                                          21     


                                                                 
to division (A) or (B) of section 5505.16 or division (B) of       909          

section 5505.18 of the Revised Code shall have the pension         910          

recalculated by the board so that the person receives a monthly    911          

pension of not less than one thousand FIFTY dollars.  Any pension  912          

increase resulting from a recalculation made under this division   913          

shall be included in the calculation of the additional benefit     914          

paid under section 5505.174 of the Revised Code.                   915          

      (E)(C)  The pension of each person who is receiving a        917          

pension pursuant to division (B) of section 5505.16 of the         918          

Revised Code on the effective date of this amendment of less than  921          

eight NINE hundred fifty dollars per month shall be increased to   923          

eight NINE hundred fifty dollars per month.  Any increase under    924          

this division shall be included in the calculation of the          926          

additional benefit paid under section 5505.174 of the Revised      927          

Code.                                                              928          

      Sec. 5505.176.  (A)  The state highway patrol retirement     937          

system shall increase the pension payable to each person           938          

receiving a pension granted prior to the effective date of this    939          

section SEPTEMBER 16, 1998, that was calculated under division     941          

(A)(1) of section 5505.17 of the Revised Code on the basis of      942          

total service credit of more than twenty-five years.  The          944          

increase shall be an amount determined by multiplying the pension               

payable to the member on the effective date of this section        946          

SEPTEMBER 16, 1998, by the product obtained by multiplying by      947          

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    949          

increased pension shall not exceed the limit established by                     

section 415 of the "Internal Revenue Code of 1986," 100 Stat.      951          

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     952          

effective date of this section OCTOBER 1, 1998, and shall be used  954          

in determining the amount of the additional benefit paid under     955          

section 5505.174 of the Revised Code.                              956          

      (B)  THE STATE HIGHWAY PATROL RETIREMENT SYSTEM SHALL        958          

                                                          22     


                                                                 
INCREASE THE PENSION PAYABLE TO EACH PERSON RECEIVING A PENSION    959          

GRANTED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT THAT WAS     961          

CALCULATED UNDER DIVISION (A)(1) OF SECTION 5505.17 OF THE         962          

REVISED CODE ON THE BASIS OF TOTAL SERVICE CREDIT OF MORE THAN     964          

TWENTY YEARS.  THE INCREASE SHALL BE AN AMOUNT DETERMINED BY                    

MULTIPLYING THE PENSION PAYABLE TO THE MEMBER ON THE EFFECTIVE     966          

DATE OF THIS AMENDMENT BY THE PRODUCT OBTAINED BY MULTIPLYING BY   967          

ONE-QUARTER OF ONE PER CENT THE MEMBER'S YEARS AND FRACTION OF A   968          

YEAR OF SERVICE IN EXCESS OF TWENTY YEARS BUT NOT IN EXCESS OF     969          

TWENTY-FIVE YEARS, EXCEPT THAT THE INCREASED PENSION SHALL NOT     970          

EXCEED THE LIMIT ESTABLISHED BY SECTION 415 OF THE "INTERNAL       971          

REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 415, AS         974          

AMENDED.  THE INCREASED PENSION SHALL BE EFFECTIVE ON THE FIRST    975          

DAY OF THE FIRST MONTH FOLLOWING THE EFFECTIVE DATE OF THIS                     

AMENDMENT AND SHALL BE USED IN DETERMINING THE AMOUNT OF THE       976          

ADDITIONAL BENEFIT PAID UNDER SECTION 5505.174 OF THE REVISED      978          

CODE.                                                                           

      Sec. 5505.18.   As used in this section, "member" does not   988          

include state highway patrol cadets attending training schools     989          

pursuant to section 5503.05 of the Revised Code.                                

      (A)  Upon the application of a member of the state highway   991          

patrol retirement system, a person acting on behalf of a member,   992          

or the superintendent of the state highway patrol on behalf of a   994          

member, a member who becomes totally and permanently               995          

incapacitated for duty in the employ of the state highway patrol   996          

may be retired by the board.                                                    

      The medical examination of a member who has applied for      999          

disability retirement shall be conducted by a competent physician  1,000        

or physicians appointed by the board.  The physician or            1,001        

physicians shall file a written report with the board containing   1,002        

the following information:                                                      

      (1)  Whether the member is totally incapacitated for duty    1,004        

in the employ of the patrol;                                       1,005        

      (2)  Whether the incapacity is expected to be permanent;     1,007        

                                                          23     


                                                                 
      (3)  The cause of the member's incapacity.                   1,009        

      The board shall determine whether the member qualifies for   1,011        

disability retirement and its decision shall be final.  The board  1,012        

shall consider the written medical report, opinions, statements,   1,013        

and other competent evidence in making its determination.  If the  1,014        

incapacity is a result of heart disease or any cardiovascular      1,015        

disease of a chronic nature, which disease or any evidence of      1,016        

which was not revealed by the physical examination passed by the   1,017        

member on entry into the patrol, the member is presumed to have    1,018        

incurred the disease in the line of duty as a member of the        1,019        

patrol, unless the contrary is shown by competent evidence.        1,020        

      (B)(1)  A member whose retirement on account of disability   1,022        

incurred in the line of duty shall receive the applicable pension  1,023        

provided for in section 5505.17 of the Revised Code, except that   1,024        

if the member has less than twenty-five years of contributing      1,025        

service, the member's service credit shall be deemed to be         1,026        

twenty-five years for the purpose of this provision.  In no case   1,028        

shall the member's disability pension be less than sixty           1,030        

SIXTY-ONE AND ONE-QUARTER per cent or exceed the lesser of         1,032        

seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent of the         1,033        

member's final average salary or the limit established by section  1,034        

415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26     1,035        

U.S.C.A. 415, as amended.                                          1,036        

      (2)  A member whose retirement on account of disability      1,038        

incurred not in the line of duty shall receive the applicable      1,039        

pension provided for in section 5505.17 of the Revised Code,       1,040        

except that if the member has less than twenty years of            1,041        

contributing service, the member's service credit shall be deemed  1,043        

to be twenty years for the purpose of this provision.  In no case  1,044        

shall the member's disability pension exceed the lesser of         1,045        

seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent of the         1,047        

member's final average salary or the limit established by section  1,048        

415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26     1,049        

U.S.C.A. 415, as amended.                                          1,050        

                                                          24     


                                                                 
      (C)  The state highway patrol retirement board shall adopt   1,052        

rules requiring a disability pension recipient, as a condition of  1,053        

continuing to receive a disability pension, to agree in writing    1,054        

to obtain any medical treatment recommended by the board's         1,055        

physician and submit medical reports regarding the treatment.  If  1,056        

the board determines that a disability pension recipient is not    1,057        

obtaining the medical treatment or the board does not receive a    1,058        

required medical report, the disability pension shall be           1,060        

suspended until the treatment is obtained, the report is received  1,062        

by the board, or the board's physician certifies that the          1,063        

treatment is no longer helpful or advisable.  Should the           1,065        

recipient's failure to obtain treatment or submit a medical                     

report continue for one year, the recipient's right to the         1,067        

disability benefit shall be terminated as of the effective date    1,068        

of the original suspension.                                                     

      (D)  A member placed on a disability pension who has not     1,070        

attained the age of fifty-five years shall be subject to an        1,072        

annual medical re-examination by physicians appointed by the                    

board, except that the board may waive the medical re-examination  1,074        

if the board's physicians certify that the member's disability is  1,075        

ongoing.  If any member placed on a disability pension refuses to  1,076        

submit to a medical re-examination, the member's disability        1,077        

pension shall be suspended until the member withdraws the          1,079        

refusal.  If the refusal continues for one year, all the member's  1,080        

rights under and to the disability pension shall be terminated as  1,081        

of the effective date of the original suspension.                  1,082        

      (E)  Each recipient of a disability pension who has not      1,085        

attained the age of fifty-five years shall file with the board an  1,086        

annual statement of earnings, current medical information on the   1,087        

recipient's condition, and any other information required in       1,088        

rules adopted by the board.  The board may waive the requirement   1,089        

that a disability benefit recipient file an annual statement of    1,090        

earnings or current medical information if the board's physician   1,091        

certifies that the recipient's disability is ongoing.              1,092        

                                                          25     


                                                                 
      The board shall annually examine the information submitted   1,095        

by the recipient.  If a recipient refuses to file the statement    1,096        

or information, the disability pension shall be suspended until    1,097        

the statement and information are filed.  If the refusal           1,098        

continues for one year, the right to the pension shall be          1,099        

terminated as of the effective date of the original suspension.                 

      (F)(1)  Except as provided in division (F)(2) of this        1,101        

section, a retirant who has been on disability pension, and who    1,103        

has been physically examined and found no longer incapable of      1,104        

performing the retirant's duties, shall be restored to the rank    1,107        

the retirant held at the time the retirant was pensioned and all   1,108        

previous rights shall be restored, including the retirant's civil  1,109        

service status, and the disability pension shall terminate.  Upon  1,111        

return to employment in the patrol, the retirant shall again       1,112        

become a contributing member of the retirement system, the total   1,115        

service at the time of the retirant's retirement shall be          1,116        

restored to the retirant's credit, and the retirant shall be       1,118        

given service credit for the period the retirant was in receipt    1,120        

of a disability pension.  The provisions of division (F)(1) of     1,121        

this section shall be retroactive to September 5, 1941.            1,122        

      (2)  The state highway patrol is not required to take        1,125        

action under division (F)(1) of this section if the retirant was   1,127        

dismissed or resigned in lieu of dismissal for dishonesty,         1,128        

misfeasance, malfeasance, or conviction of a felony.               1,129        

      (G)  The board may adopt rules to carry out this section.    1,131        

      Sec. 5505.29.  THE STATE HIGHWAY PATROL RETIREMENT BOARD     1,133        

SHALL REFUND THE COST OF SERVICE CREDIT RESTORED UNDER SECTION     1,134        

5505.20 OR PURCHASED UNDER DIVISION (D) OF SECTION 5505.16,        1,135        

DIVISION (C) OF SECTION 5505.17, OR SECTION 5505.201, 5505.202,    1,137        

OR 5505.25 OF THE REVISED CODE TO THE EXTENT THE CREDIT DOES NOT,  1,138        

OR, IN THE CASE OF A PERSON WHO RETIRED OR DIED PRIOR TO THE       1,139        

EFFECTIVE DATE OF THIS SECTION, DID NOT, INCREASE THE PENSION      1,140        

PROVIDED TO THE RETIRANT OR SURVIVING SPOUSE UNDER SECTION         1,141        

5505.16, 5505.162, 5505.17, OR 5505.18 OF THE REVISED CODE.  THE   1,142        

                                                          26     


                                                                 
BOARD SHALL PROVIDE THE REFUND TO THE RETIRANT OR SURVIVING        1,144        

SPOUSE.  THE REFUND CANCELS AN EQUIVALENT AMOUNT OF SERVICE        1,145        

CREDIT.                                                                         

      Sec. 5505.30.  On the death of a person who at the time of   1,154        

death is receiving a pension from the state highway patrol         1,156        

retirement system under division (A)(1) or (2) of section 5505.17  1,157        

or section 5505.18 of the Revised Code, a lump-sum payment of one  1,159        

FIVE thousand dollars shall be paid to the retirant's surviving    1,160        

spouse.  If there is no surviving spouse, the payment shall be     1,161        

made to the retirant's estate.                                     1,162        

      Application for the payment shall be made on a form          1,164        

provided by the state highway patrol retirement board.             1,165        

      Section 2.  That existing sections 5505.12, 5505.15,         1,167        

5505.16, 5505.17, 5505.171, 5505.176, 5505.18, and 5505.30 of the  1,168        

Revised Code are hereby repealed.                                  1,169        

      Section 3.  Section 5505.16 of the Revised Code is           1,171        

presented in this act as a composite of the section as amended by  1,172        

both Am. Sub. H.B. 308 and Am. Sub. H.B. 450 of the 121st General  1,173        

Assembly, with the new language of neither of the acts shown in    1,174        

capital letters.  This is in recognition of the principle stated   1,175        

in division (B) of section 1.52 of the Revised Code that such                   

amendments are to be harmonized where not substantively            1,176        

irreconcilable and constitutes a legislative finding that such is  1,177        

the resulting version in effect prior to the effective date of     1,178        

this act.