As Passed by the House 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-TERWILLEGER-KRUPINSKI-TIBERI-VAN VYVEN-CLANCY-
O'BRIEN-SCHURING-DISTEL-HARRIS-METZGER-BUEHRER-MOTTLEY-AMSTUTZ- 13
SALERNO-MYERS-GRENDELL-CAREY-YOUNG-EVANS-BRADING-TAYLOR-ROMAN- 14
WINKLER-DePIERO-D. MILLER-BARRETT-PERRY-HARTNETT-STEVENS-BOYD- 15
SUTTON-ALLEN-VERICH 16
_________________________________________________________________ 18
A B I L L
To amend sections 5505.12, 5505.15, 5505.16, 20
5505.17, 5505.171, 5505.176, 5505.18, and 5505.30 22
and to enact sections 5505.163 and 5505.29 of the
Revised Code to reduce the member contribution 23
rate under the State Highway Patrol Retirement 24
System (SHPRS), increase pensions and the
lump-sum death benefit provided by the system, 25
provide for refunds of purchased service credit 26
that does not increase a pension, allow a person
who retired prior to September 21, 1994, to 27
choose a joint and survivor annuity, and require 28
SHPRS to submit to the Ohio Retirement Study 29
Council and legislative committees the system's
annual actuarial valuation not later than the 30
first day of July following the year for which
the valuation was made. 31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 5505.12, 5505.15, 5505.16, 35
2
5505.17, 5505.171, 5505.176, 5505.18, and 5505.30 be amended and 37
sections 5505.163 and 5505.29 of the Revised Code be enacted to 38
read as follows:
Sec. 5505.12. (A) The state highway patrol retirement 55
board shall have prepared annually by or under the supervision of 56
an actuary an actuarial valuation of the pension assets, 57
liabilities, and funding requirements of the state highway patrol 58
retirement system as established pursuant to this chapter. The 59
actuary shall complete the valuation in accordance with actuarial 60
standards of practice promulgated by the actuarial standards
board of the American academy of actuaries and prepare a report 62
of the valuation. The report shall include all of the following:
(1) A summary of the benefit provisions evaluated; 64
(2) A summary of the census data and financial information 66
used in the valuation; 67
(3) A description of the actuarial assumptions, actuarial 69
cost method, and asset valuation method used in the valuation, 70
including a statement of the assumed rate of payroll growth and 71
assumed rate of growth or decline in the number of members 72
contributing to the retirement system;
(4) A summary of findings that includes a statement of the 74
actuarial accrued pension liabilities and unfunded actuarial 75
accrued pension liabilities; 76
(5) A schedule showing the effect of any changes in the 78
benefit provisions, actuarial assumptions, or cost methods since 79
the last annual actuarial valuation; 80
(6) A statement of whether contributions to the retirement 82
system are expected to be sufficient to satisfy the funding 83
objectives established by the board. 84
The board shall submit the report to the Ohio retirement 87
study commission COUNCIL and the standing committees of the house 88
of representatives and the senate with primary responsibility for 89
retirement legislation not later than the first day of November 90
JULY following the year for which the valuation was made. 91
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(B) At such times as the state highway patrol retirement 94
board determines, and at least once in each five-year period 95
after January 1, 1966, the board shall have prepared by or under 96
the supervision of an actuary an actuarial investigation of the 97
mortality, service, and other experience of the members, 98
retirants, and beneficiaries to update the actuarial assumptions 99
used in the actuarial valuation required by division (A) of this 100
section. The actuary shall prepare a report of the actuarial 101
investigation. The report shall be prepared and any recommended 102
changes in actuarial assumptions shall be made in accordance with 104
the actuarial standards of practice promulgated by the actuarial 105
standards board of the American academy of actuaries. The report 106
shall include all of the following:
(1) A summary of relevant decrement and economic 108
assumption experience observed over the period of the 109
investigation;
(2) Recommended changes in actuarial assumptions to be 111
used in subsequent actuarial valuations required by division (A) 113
of this section;
(3) A measurement of the financial effect of the 115
recommended changes in actuarial assumptions. 116
The board shall submit the report to the Ohio retirement 119
study commission COUNCIL and the standing committees of the house 120
of representatives and the senate with primary responsibility for 121
retirement legislation not later than the first day of November 122
following the last fiscal year of the period the report covers. 123
(C) The board may at any time request the actuary to make 125
any studies or actuarial valuations to determine the adequacy of 127
the rates of contributions provided by section 5505.15 of the 128
Revised Code.
(D) The board shall have prepared by or under the 130
supervision of an actuary an actuarial analysis of any introduced 131
legislation expected to have a measurable financial impact on the 132
retirement system. The actuarial analysis shall be completed in 133
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accordance with the actuarial standards of practice promulgated 134
by the actuarial standards board of the American academy of 135
actuaries. The actuary shall prepare a report of the actuarial 136
analysis, which shall include all of the following: 137
(1) A summary of the statutory changes that are being 139
evaluated;
(2) A description of or reference to the actuarial 141
assumptions and actuarial cost method used in the report; 142
(3) A description of the participant group or groups 144
included in the report; 145
(4) A statement of the financial impact of the 147
legislation, including the resulting increase, if any, in the 148
employer normal cost percentage; the increase, if any, in 149
actuarial accrued liabilities; and the per cent of payroll that 150
would be required to amortize the increase in actuarial accrued
liabilities as a level per cent of covered payroll for all active 151
members over a period not to exceed thirty years; 152
(5) A statement of whether the scheduled contributions to 154
the system after the proposed change is enacted are expected to 155
be sufficient to satisfy the funding objectives established by 156
the board.
Not later than sixty days from the date of introduction of 158
the legislation, the board shall submit a copy of the actuarial 159
analysis to the legislative budget office of the legislative 160
service commission, the standing committees of the house of 161
representatives and the senate with primary responsibility for 162
retirement legislation, and the Ohio retirement study commission 163
COUNCIL.
(E) The board shall have prepared annually a report giving 166
a full accounting of the revenues and costs relating to the 167
provision of benefits under section 5505.28 of the Revised Code. 169
The report shall be made as of December 31, 1997, and the 171
thirty-first day of December of each year thereafter. The report 172
shall include the following:
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(1) A description of the statutory authority for the 174
benefits provided; 175
(2) A summary of the benefits; 177
(3) A summary of the eligibility requirements for the 179
benefits; 180
(4) A statement of the number of participants eligible for 182
the benefits; 183
(5) A description of the accounting, asset valuation, and 185
funding method used to provide the benefits; 186
(6) A statement of the net assets available for the 188
provision of the benefits as of the last day of the fiscal year; 190
(7) A statement of any changes in the net assets available 193
for the provision of benefits, including participant and employer 194
contributions, net investment income, administrative expenses, 195
and benefits provided to participants, as of the last day of the 196
fiscal year;
(8) For the last six consecutive fiscal years, a schedule 198
of the net assets available for the benefits, the annual cost of 200
benefits, administrative expenses incurred, and annual employer 201
contributions allocated for the provision of benefits; 202
(9) A description of any significant changes that affect 204
the comparability of the report required under this division; 206
(10) A statement of the amount paid under division (C) of 208
section 5505.28 of the Revised Code. 209
The board shall submit the report to the Ohio retirement 212
study commission COUNCIL and the standing committees of the house 213
of representatives and the senate with primary responsibility for 214
retirement legislation not later than the thirtieth day of June 216
following the year for which the report was made.
Sec. 5505.15. (A)(1) A member of the state highway patrol 218
retirement system shall contribute ten NINE AND ONE-HALF per cent 220
of the member's annual salary to the state highway patrol 221
retirement fund. The amount shall be deducted by the employer 223
from the employee's salary for each payroll period. 224
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(2) The total contributions arising from deductions made 226
prior to January 1, 1966, from the salaries of members in the 227
employ of the state highway patrol and standing to the credit of 228
their individual accounts in the retirement fund shall be 229
transferred and credited to their respective individual accounts 230
in the employees' savings fund. 231
(B) The state shall annually pay into the employer 233
accumulation fund, in monthly or less frequent installments as 234
the state highway patrol retirement board requires, an amount 235
that shall be a certain percentage of the total salaries paid 237
contributing members and shall be known as the "employer 238
contribution." If a member severs connection with the patrol or 240
is dismissed, the employer contribution shall remain in the
retirement system. 241
The rate percentage of the employer contribution shall be 243
certified by the board to the director of budget and management 244
and shall not be lower than nine per cent of the total salaries 245
paid contributing members and shall not exceed three times the 246
rate percentage being deducted from the annual salaries of 247
contributing members. The board shall prepare and submit to the 248
director, on or before the first day of November of each 249
even-numbered year, an estimate of the amounts necessary to pay 250
the state's obligations accruing during the biennium beginning 251
the first day of July of the following year. Such amounts shall 252
be included in the budget and allocated as certified by the 253
board. 254
Sec. 5505.16. (A) A member of the state highway patrol 264
retirement system who has been in the service of the state 265
highway patrol for a period of twenty-five years as an employee 266
according to the rules adopted by the state highway patrol 267
retirement board may make application for a pension which, if the 268
member is under age forty-eight, shall be deferred until the 269
member age forty-eight. 270
(B) A member of the retirement system who has been in the 272
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service of the highway patrol for a period of twenty years as an 273
employee according to the rules adopted by the retirement board, 274
may make application for a pension that, if the member is under 275
age fifty-two, shall be deferred until the member age fifty-two, 276
except that any such member who has attained twenty years of 277
service may, on or after the member attaining age forty-eight but 279
before the member attaining age fifty-two, elect to receive a 281
reduced pension of the greater of eight NINE hundred fifty 283
dollars or an amount computed as follows: 284
Attained Age Reduced Pension 286
48 75% of normal service pension 287
49 80% of normal service pension 288
50 86% of normal service pension 289
51 93% of normal service pension 290
In the case of a member who elects to receive a reduced 293
pension on or after the member attaining age forty-eight but 295
before the member attaining age forty-nine, the reduced pension 296
is payable from the later of the date the member the member 297
attains age forty-eight or the date the member becomes eligible 298
to receive the reduced pension. In the case of a member who 300
elects to receive a reduced pension on or after the member 301
attaining age forty-nine but before the member attaining age 303
fifty, the reduced pension is payable from the later of the date 304
the member the member attains age forty-nine or the date the 305
member becomes eligible to receive the reduced pension. In the 308
case of a member who elects to receive a reduced pension on or 309
after the member attaining age fifty but before the member 310
attaining age fifty-one, the reduced pension is payable from the 312
later of the date the member the member attains age fifty or the 314
date the member becomes eligible to receive the reduced pension. 315
In the case of a member who elects to receive a reduced pension 317
on or after the member attaining age fifty-one but before the 318
member attaining age fifty-two, the reduced pension is payable 319
from the later of the date the member OF the member attains age 321
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fifty-one MEMBER'S MOST RECENT BIRTHDAY or the date the member 322
becomes eligible to receive the reduced pension. 323
A member who has elected to receive a reduced pension in 325
accordance with the schedule provided in this division and has 326
received a payment in connection therewith the member may not 328
change the election.
(C) Any member who attains the age of fifty-five years and 330
has been in the service of the patrol for a period of twenty 331
years as a uniformed patrol officer according to the rules 332
adopted by the board, shall file application for retirement with 333
the board, and if the member refuses or neglects to do so, the 334
board may deem the member's application to have been filed on the 335
member's fifty-fifth birthday. The member may, upon written 336
application approved by the superintendent of the state highway 337
patrol, be continued in service after attaining the age of 338
fifty-five years, but only until the member has accumulated 339
twenty years of service.
(D)(1) As used in this division: 341
(a) "Service in the uniformed services" means the 343
performance of duty on a voluntary or involuntary basis in a 344
uniformed service under competent authority and includes active 345
duty, active duty for training, initial active duty for training, 346
inactive duty training, full-time national guard duty, and a 347
period for which a person is absent from a position of employment 348
for the purpose of an examination to determine the fitness of the
person to perform any such duty. 349
(b) "Uniformed services" of the United States includes 351
both:
(i) Army, navy, air force, marine corps, coast guard, or 354
any reserve components of these services; auxiliary corps as
established by congress; army nurse corps; navy nurse corps; 356
service as red cross nurse with the army, navy, air force, or 357
hospital service of the United States, or serving full-time with 358
the American red cross in a combat zone; and such other service
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as is designated by the congress as included therein; 360
(ii) Personnel of the Ohio national guard, the Ohio 362
military reserve, the Ohio naval militia, and the reserve 363
components of the armed forces enumerated in division (D)(1) of 365
this section who are called to active duty pursuant to an 366
executive order issued by the president of the United States or 367
an act of congress. 368
(2) A member's total service credit may include periods 370
not to exceed a total of seven years, while the member's 371
employment with the state highway patrol is or was interrupted 373
due to service the member in the uniformed services of the United 375
States. Such military service shall be credited to the member 376
towards total service as provided by this chapter and to the 377
extent approved by the board, provided that: 378
(a) The member is or was honorably discharged from service 380
in the uniformed services; 381
(b) The member is or was reemployed RE-EMPLOYED by the 383
state highway patrol within ninety days immediately following 385
termination of service in the uniformed services; 386
(c) The member, subject to board rules, pays into the 388
retirement system to the member's credit in the employees' 390
savings fund an amount equal to the total contributions the 391
member would have paid had state highway patrol employment not 392
been so interrupted. Such the member's payment may be made at 393
any time prior to receipt of a pension.
(3) the member If the member meets the requirements of 395
division (D)(2) of this section, on receipt of contributions from 397
the member, the state highway patrol shall be billed for the 398
employer contribution that would have been paid pursuant to 399
section 5505.15 of the Revised Code if the member had not 400
rendered service in the uniformed services, subject to board 401
rules. 402
(4) If under division (D)(2)(c) of this section a member 405
pays all or any portion of the contributions later than the
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lesser of five years or a period that is three times the member's 406
period of service in the uniformed services beginning from the 407
later of the member's date of re-employment or the effective date 408
of this amendment OCTOBER 29, 1996, an amount equal to compound 410
interest at a rate established by the board from the later of the 411
member's date of re-employment or the effective date of this 412
amendment OCTOBER 29, 1996, to the date of payment shall be added 414
to the remaining amount to be paid by the member to purchase 415
service credit under this section.
(5) Credit purchased by a member under division (D)(2) of 417
this section shall be used to determine the member's eligibility 419
for retirement under this section and section 5505.17 of the 420
Revised Code.
Sec. 5505.163. (A) A RETIRANT WHO RETIRED PRIOR TO 423
SEPTEMBER 21, 1994, UNDER SECTION 5505.16 OF THE REVISED CODE MAY 424
ELECT TO RECEIVE THE ACTUARIAL EQUIVALENT OF THE RETIRANT'S 425
PENSION IN A LESSER AMOUNT PAYABLE FOR THE REMAINDER OF THE 426
RETIRANT'S LIFE AND CONTINUING AFTER DEATH TO THE RETIRANT'S 427
SURVIVING DESIGNATED BENEFICIARY UNDER ONE OF THE OPTIONAL PLANS 428
DESCRIBED IN DIVISION (A)(1), (2), OR (3) OF SECTION 5505.162 OF 429
THE REVISED CODE, PROVIDED THE ANNUAL AMOUNT PAYABLE TO THE 431
DESIGNATED BENEFICIARY SHALL NOT EXCEED THE ANNUAL AMOUNT PAYABLE 432
TO THE RETIRANT, THE AMOUNT IS CERTIFIED BY THE ACTUARY EMPLOYED 433
BY THE STATE HIGHWAY PATROL RETIREMENT SYSTEM TO BE THE ACTUARIAL 434
EQUIVALENT OF THE RETIRANT'S PENSION, AND THE STATE HIGHWAY 435
PATROL RETIREMENT BOARD APPROVES THE AMOUNT. 436
(B) A RETIRANT INTERESTED IN MAKING THE ELECTION 438
AUTHORIZED BY DIVISION (A) OF THIS SECTION SHALL FILE A NOTICE OF 439
INTEREST WITH THE BOARD NOT LATER THAN SIXTY DAYS AFTER THE 440
EFFECTIVE DATE OF THIS SECTION. THE BOARD SHALL ADVISE THE 442
RETIRANT WITH RESPECT TO THE CHOICES AVAILABLE UNDER THE OPTIONAL
PLANS AND HAVE A DETERMINATION MADE OF THE MONTHLY PENSION 444
PAYABLE UNDER THE OPTIONAL PLAN ELECTED BY THE MEMBER FOR 445
INCLUSION IN THE STATEMENT TO BE FILED UNDER DIVISION (C) OF THIS 446
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SECTION.
(C) TO MAKE THE ELECTION AUTHORIZED BY DIVISION (A) OF 449
THIS SECTION, A RETIRANT SHALL FILE A STATEMENT, ON A FORM 450
PROVIDED BY THE BOARD, INDICATING THAT THE RETIRANT ELECTS TO 451
PARTICIPATE IN THE OPTIONAL PLAN SPECIFIED IN THE STATEMENT. THE 453
FORM MUST BE FILED WITH THE BOARD NOT LATER THAN ONE HUNDRED 454
TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. 455
(D) A NOTICE OR STATEMENT MAILED TO THE BOARD SHALL BE 457
CONSIDERED TO HAVE BEEN FILED ON ITS POSTMARK DATE. 458
(E) ANY OPTION ELECTED AND PAYMENTS MADE UNDER THIS 460
SECTION SHALL BE IN ADDITION TO ANY PENSION PAYABLE TO THE 461
RETIRANT'S SURVIVING SPOUSE, CHILDREN, OR PARENTS UNDER SECTION 462
5505.17 OF THE REVISED CODE. 463
Sec. 5505.17. (A)(1) Upon retirement as provided in 472
section 5505.16 of the Revised Code, a member of the state 473
highway patrol retirement system shall receive a life pension, 474
without guaranty or refund, equal to THE GREATER OF ONE THOUSAND 475
FIFTY DOLLARS OR the sum of two and one-half per cent of the 477
member's final average salary multiplied by the first twenty 478
years of total service credit, plus two AND ONE-QUARTER per cent 479
of the member's final average salary multiplied by the number of 480
years, and fraction of a year, of total service credit in excess 482
of twenty years BUT NOT IN EXCESS OF TWENTY-FIVE YEARS, PLUS TWO 483
PER CENT OF THE MEMBER'S FINAL AVERAGE SALARY MULTIPLIED BY THE 484
NUMBER OF YEARS, AND FRACTION OF A YEAR, IN EXCESS OF TWENTY-FIVE 485
YEARS; provided that in no case shall the pension exceed the 486
lesser of seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent of 487
the member's final average salary or the limit established by 489
section 415 of the "Internal Revenue Code of 1986," 100 Stat. 490
2085, 26 U.S.C.A. 415, as amended.
(2) A member with fifteen or more years of total service 492
credit, who voluntarily resigns or who is discharged from the 493
state highway patrol for any reason except retirement under this 495
chapter, death, dishonesty, cowardice, intemperate habits, or 496
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conviction of a felony, shall receive a pension equal to one and 497
one-half per cent of the member's final average salary multiplied 498
by the number of years, and fraction of a year, of total service 499
credit, except that the pension shall not exceed the limit 500
established by section 415 of the "Internal Revenue Code of 501
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. The pension 502
shall commence at the end of the calendar month in which the 503
application is filed with the retirement board on or after the 504
attainment of age fifty-five years by the applicant. A member 505
who withdraws any part or all of the accumulated contributions 507
from the employees' savings fund shall thereupon forfeit all 508
rights to a pension provided for in this division. 509
(3)(a) A surviving spouse of a deceased member shall 511
receive a monthly pension, determined as follows, during the 512
spouse's life: 513
(i) If at the time of death the member was not eligible to 516
be granted a pension payable under this section or to elect to 517
receive a reduced pension payable under section 5505.16 of the 518
Revised Code, eight NINE hundred fifty dollars;
(ii) If at the time of death the member was eligible to be 521
granted a pension payable under this section or to elect to
receive a reduced pension payable under section 5505.16 of the 522
Revised Code, the greater of eight NINE hundred fifty dollars or 524
fifty per cent of the computed monthly pension the member would 526
have received had the member been granted a pension under this 527
section or elected to receive a reduced pension under section 528
5505.16 of the Revised Code. 529
(b) The surviving spouse of a retirant shall receive a 531
monthly pension, determined as follows, during the spouse's life: 532
(i) If the retirant had applied for a pension payable 534
under section 5505.16 of the Revised Code, but at the time of 535
death had not attained the age of eligibility for the pension, 536
eight NINE hundred fifty dollars; 537
(ii) If the retirant had applied for a pension payable 539
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under section 5505.16 of the Revised Code and had attained the 540
age of eligibility for the pension, but at the time of death had 542
not elected to begin receiving the pension, the greater of eight 543
NINE hundred fifty dollars or fifty per cent of the computed 544
monthly pension the retirant was eligible to receive under 546
section 5505.16 of the Revised Code; 547
(iii) If the retirant was receiving a pension under this 549
section or section 5505.16 or 5505.18 of the Revised Code, or, 550
regardless of whether or not the retirant had actually received 551
any payment, if the retirant was eligible to receive a pension 552
under this section or section 5505.16 or 5505.18 of the Revised 553
Code and had elected to begin receiving it, the greater of eight 554
NINE hundred fifty dollars or fifty per cent of the computed 556
monthly pension awarded the retirant. 557
(c) If a monthly pension to a surviving spouse was 559
terminated due to a remarriage, the surviving spouse is eligible 561
to receive a monthly pension under division (A)(3) of this 563
section effective the first day of the first month following June 564
5, 1996. The pension shall be computed under division (A)(3) of 567
this section as of June 5, 1996. The pension payable to a person 570
who is the surviving spouse of more than one state highway patrol 571
retirement system member or retirant shall be computed on the 572
basis of the service of the member or retirant to whom the 573
surviving spouse was most recently married.
(4) A pension of one hundred fifty dollars per month shall 575
be paid by the system to or for the benefit of each child of a 576
deceased member or retirant until the child attains the age of 577
eighteen years or marries, whichever event occurs first, or until 578
the child attains twenty-three years of age if the child is a 579
student in and attending an institution of learning or training 581
pursuant to a program designed to complete in each school year 582
the equivalent of at least two-thirds of the full-time curriculum 583
requirements of the institution, as determined by the retirement 584
board. If any surviving child, regardless of age at the time of 585
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the member's or retirant's death, because of physical or mental 586
disability, was totally dependent upon the deceased member or 587
retirant for support at the time of death, a pension of one 588
hundred fifty dollars per month shall be paid by the system to or 589
for the benefit of the child during the child's natural life or 590
until the child recovers from the disability. 591
(5)(a) If a retirant died prior to June 6, 1988, and the 593
surviving spouse was not married to the retirant while the 595
retirant was in the active service of the patrol, the surviving
spouse shall receive a pension of the greater of four hundred 597
twenty-five dollars per month or fifty per cent of the computed 598
monthly pension the retirant was receiving. 599
(b) If the pension payable to a person receiving a pension 601
under division (A)(5)(a) of this section on November 2, 1989, THE 602
EFFECTIVE DATE OF THIS AMENDMENT is less than six NINE hundred 604
dollars per month, the pension shall be increased to six NINE 606
hundred dollars per month.
(c) If the pension payable to a person receiving a pension 609
under division (A)(5)(a) of this section on June 5, 1996, is less 612
than eight hundred fifty dollars per month, the pension shall be 613
increased to eight hundred fifty dollars per month. 614
(6)(a) If a surviving spouse, child, or children of a 616
deceased member or retirant has been granted benefits prior to 617
November 18, 1981, such benefits shall be adjusted to comply 618
thereafter with the benefit provision of this section, except 619
that the adjusted benefits under division (A)(3) of this section 620
shall not exceed four hundred twenty-five dollars per month. 621
(b) If the pension payable to the surviving spouse of a 623
deceased member or retirant under division (A)(3) of this section 624
is less than six hundred dollars per month, the pension shall be 625
increased to six hundred dollars per month. 626
(c) If the pension payable to the surviving spouse of a 629
deceased member or retirant under division (A)(3) of this section 630
on June 5, 1996, THE EFFECTIVE DATE OF THIS AMENDMENT is less 631
15
than eight NINE hundred fifty dollars per month, the pension 634
shall be increased to eight NINE hundred fifty dollars per month. 636
(d)(b) The pension payable to a child of a deceased member 639
or retirant who is receiving a pension under division (A)(4) of 640
this section on June 5, 1996, shall be increased to one hundred 641
fifty dollars per month. 642
(7) If a deceased member or retirant leaves no spouse or 644
surviving children, but leaves two parents depending solely upon 645
the deceased member or retirant for support, each parent shall be 647
paid a monthly pension of one hundred fifty-four dollars. If in 648
such case there is only one parent dependent solely upon the 649
deceased member or retirant for support, such parent shall be 651
paid a monthly pension of one hundred fifty-four dollars. Such 652
pension shall be paid during the life of the surviving parents, 653
or until dependency ceases, or until remarriage, whichever event 654
occurs first.
(8) Any amount remaining as accumulated contributions at 656
the time of death of a member or retirant who leaves no surviving 658
spouse or dependent children or parents shall be paid to the 659
estate of the member or retirant.
(9) The increases provided for by divisions (A)(5)(b) and 661
(c) and (A)(6)(b) and (c)(a) of this section shall be included in 663
the calculation of the additional benefit paid under section 665
5505.174 of the Revised Code. 666
(B) The board shall adopt, and may amend or rescind, the 668
necessary rules for the administration of this section and all 669
decisions of the board shall be final. Any payment of a pension 670
or benefit under this section is subject to the provisions of 671
section 5505.26 of the Revised Code. 672
(C) A member's total service credit may include periods 674
during which the member's employment with the state highway 675
patrol is interrupted by a leave of absence, when requested by 677
the governor, to accept employment with another agency of the 678
state, provided that: 679
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(1) The member is reemployed by the state highway patrol 681
within thirty days following termination of such other 682
employment;
(2) The member pays into the retirement system, to the 684
credit of the employees' savings fund, an amount equal to the 685
total contributions the member would have paid had the state 686
highway patrol employment not been so interrupted. Such 688
repayment shall begin within ninety days after the member's 689
return to duty with the state highway patrol and be completed 690
within a period equal to that of the leave of absence. 691
(D) Service credits granted under division (C) of this 693
section shall not include any duplications of credits for which a 694
pension is payable by the public employees retirement system. 695
Sec. 5505.171. (A) All persons who retired and were 704
eligible to receive a pension that was payable prior to July 1, 705
1968, pursuant to division (A)(1) of section 5505.17 or division 706
(B)(1) of section 5505.18 of the Revised Code, shall receive an 707
additional monthly payment of two dollars for each year between 708
the member's effective date of retirement or disability and 709
December 31, 1971, or an additional fifty dollars, whichever is 710
less. 711
On or before the first day of August in 1981 and on or 713
before the first day of August in each year thereafter, the state 714
highway patrol retirement board shall certify to the treasurer of 715
state the amount required to be paid in the preceding fiscal year 716
under this division. Upon receipt of such certification, the 717
treasurer of state shall pay to the state highway patrol 718
retirement system the amount certified. 719
(B) All persons who retired and were eligible to receive a 721
pension that was payable prior to July 1, 1981, pursuant to 722
division (A)(1) of section 5505.17 or division (B)(1) of section 723
5505.18 of the Revised Code shall have that pension recalculated 724
by the board so that each such person receives a monthly pension 725
of not less than four hundred twenty-five dollars. 726
17
(C) Each person who retired and was eligible to receive a 728
pension that was payable prior to November 2, 1989, pursuant to 729
division (A)(1) of section 5505.17 or division (B)(1) of section 731
5505.18 of the Revised Code shall have the pension recalculated 732
by the board so that the person receives a monthly pension of not 733
less than six hundred dollars. Any pension increase resulting 734
from a recalculation made under this division shall be included 735
in the calculation of the additional benefit paid under section 736
5505.174 of the Revised Code.
(D) Each person who retired and was eligible to receive a 738
pension, other than a reduced pension, that was payable prior to 740
September 21, 1994, THE EFFECTIVE DATE OF THIS AMENDMENT pursuant 741
to division (A) or (B) of section 5505.16 or division (B) of 742
section 5505.18 of the Revised Code shall have the pension 743
recalculated by the board so that the person receives a monthly 744
pension of not less than one thousand FIFTY dollars. Any pension 745
increase resulting from a recalculation made under this division 746
shall be included in the calculation of the additional benefit 747
paid under section 5505.174 of the Revised Code. 748
(E)(C) The pension of each person who is receiving a 750
pension pursuant to division (B) of section 5505.16 of the 751
Revised Code on the effective date of this amendment JUNE 5, 754
1996, of less than eight NINE hundred fifty dollars per month 757
shall be increased to eight NINE hundred fifty dollars per month. 758
Any increase under this division shall be included in the 761
calculation of the additional benefit paid under section 5505.174 762
of the Revised Code. 763
Sec. 5505.176. (A) The state highway patrol retirement 772
system shall increase the pension payable to each person 773
receiving a pension granted prior to the effective date of this 774
section SEPTEMBER 16, 1998, that was calculated under division 776
(A)(1) of section 5505.17 of the Revised Code on the basis of 777
total service credit of more than twenty-five years. The 779
increase shall be an amount determined by multiplying the pension
18
payable to the member on the effective date of this section 781
SEPTEMBER 16, 1998, by the product obtained by multiplying by 782
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 784
increased pension shall not exceed the limit established by
section 415 of the "Internal Revenue Code of 1986," 100 Stat. 786
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 787
effective date of this section OCTOBER 1, 1998, and shall be used 789
in determining the amount of the additional benefit paid under 790
section 5505.174 of the Revised Code. 791
(B) THE STATE HIGHWAY PATROL RETIREMENT SYSTEM SHALL 793
INCREASE THE PENSION PAYABLE TO EACH PERSON RECEIVING A PENSION 794
GRANTED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT THAT WAS 796
CALCULATED UNDER DIVISION (A)(1) OF SECTION 5505.17 OF THE 797
REVISED CODE ON THE BASIS OF TOTAL SERVICE CREDIT OF MORE THAN 799
TWENTY YEARS. THE INCREASE SHALL BE AN AMOUNT DETERMINED BY
MULTIPLYING THE PENSION PAYABLE TO THE MEMBER ON THE EFFECTIVE 801
DATE OF THIS AMENDMENT BY THE PRODUCT OBTAINED BY MULTIPLYING BY 802
ONE-QUARTER OF ONE PER CENT THE MEMBER'S YEARS AND FRACTION OF A 803
YEAR OF SERVICE IN EXCESS OF TWENTY YEARS BUT NOT IN EXCESS OF 804
TWENTY-FIVE YEARS, EXCEPT THAT THE INCREASED PENSION SHALL NOT 805
EXCEED THE LIMIT ESTABLISHED BY SECTION 415 OF THE "INTERNAL 806
REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 415, AS 809
AMENDED. THE INCREASED PENSION SHALL BE EFFECTIVE ON THE FIRST 810
DAY OF THE FIRST MONTH FOLLOWING THE EFFECTIVE DATE OF THIS
AMENDMENT AND SHALL BE USED IN DETERMINING THE AMOUNT OF THE 811
ADDITIONAL BENEFIT PAID UNDER SECTION 5505.174 OF THE REVISED 813
CODE.
Sec. 5505.18. As used in this section, "member" does not 823
include state highway patrol cadets attending training schools 824
pursuant to section 5503.05 of the Revised Code.
(A) Upon the application of a member of the state highway 826
patrol retirement system, a person acting on behalf of a member, 827
19
or the superintendent of the state highway patrol on behalf of a 829
member, a member who becomes totally and permanently 830
incapacitated for duty in the employ of the state highway patrol 831
may be retired by the board.
The medical examination of a member who has applied for 834
disability retirement shall be conducted by a competent physician 835
or physicians appointed by the board. The physician or 836
physicians shall file a written report with the board containing 837
the following information:
(1) Whether the member is totally incapacitated for duty 839
in the employ of the patrol; 840
(2) Whether the incapacity is expected to be permanent; 842
(3) The cause of the member's incapacity. 844
The board shall determine whether the member qualifies for 846
disability retirement and its decision shall be final. The board 847
shall consider the written medical report, opinions, statements, 848
and other competent evidence in making its determination. If the 849
incapacity is a result of heart disease or any cardiovascular 850
disease of a chronic nature, which disease or any evidence of 851
which was not revealed by the physical examination passed by the 852
member on entry into the patrol, the member is presumed to have 853
incurred the disease in the line of duty as a member of the 854
patrol, unless the contrary is shown by competent evidence. 855
(B)(1) A member whose retirement on account of disability 857
incurred in the line of duty shall receive the applicable pension 858
provided for in section 5505.17 of the Revised Code, except that 859
if the member has less than twenty-five years of contributing 860
service, the member's service credit shall be deemed to be 861
twenty-five years for the purpose of this provision. In no case 863
shall the member's disability pension be less than sixty 865
SIXTY-ONE AND ONE-QUARTER per cent or exceed the lesser of 867
seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent of the 868
member's final average salary or the limit established by section 869
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 870
20
U.S.C.A. 415, as amended. 871
(2) A member whose retirement on account of disability 873
incurred not in the line of duty shall receive the applicable 874
pension provided for in section 5505.17 of the Revised Code, 875
except that if the member has less than twenty years of 876
contributing service, the member's service credit shall be deemed 878
to be twenty years for the purpose of this provision. In no case 879
shall the member's disability pension exceed the lesser of 880
seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent of the 882
member's final average salary or the limit established by section 883
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 884
U.S.C.A. 415, as amended. 885
(C) The state highway patrol retirement board shall adopt 887
rules requiring a disability pension recipient, as a condition of 888
continuing to receive a disability pension, to agree in writing 889
to obtain any medical treatment recommended by the board's 890
physician and submit medical reports regarding the treatment. If 891
the board determines that a disability pension recipient is not 892
obtaining the medical treatment or the board does not receive a 893
required medical report, the disability pension shall be 895
suspended until the treatment is obtained, the report is received 897
by the board, or the board's physician certifies that the 898
treatment is no longer helpful or advisable. Should the 900
recipient's failure to obtain treatment or submit a medical
report continue for one year, the recipient's right to the 902
disability benefit shall be terminated as of the effective date 903
of the original suspension.
(D) A member placed on a disability pension who has not 905
attained the age of fifty-five years shall be subject to an 907
annual medical re-examination by physicians appointed by the
board, except that the board may waive the medical re-examination 909
if the board's physicians certify that the member's disability is 910
ongoing. If any member placed on a disability pension refuses to 911
submit to a medical re-examination, the member's disability 912
21
pension shall be suspended until the member withdraws the 914
refusal. If the refusal continues for one year, all the member's 915
rights under and to the disability pension shall be terminated as 916
of the effective date of the original suspension. 917
(E) Each recipient of a disability pension who has not 920
attained the age of fifty-five years shall file with the board an 921
annual statement of earnings, current medical information on the 922
recipient's condition, and any other information required in 923
rules adopted by the board. The board may waive the requirement 924
that a disability benefit recipient file an annual statement of 925
earnings or current medical information if the board's physician 926
certifies that the recipient's disability is ongoing. 927
The board shall annually examine the information submitted 930
by the recipient. If a recipient refuses to file the statement 931
or information, the disability pension shall be suspended until 932
the statement and information are filed. If the refusal 933
continues for one year, the right to the pension shall be 934
terminated as of the effective date of the original suspension.
(F)(1) Except as provided in division (F)(2) of this 936
section, a retirant who has been on disability pension, and who 938
has been physically examined and found no longer incapable of 939
performing the retirant's duties, shall be restored to the rank 942
the retirant held at the time the retirant was pensioned and all 943
previous rights shall be restored, including the retirant's civil 944
service status, and the disability pension shall terminate. Upon 946
return to employment in the patrol, the retirant shall again 947
become a contributing member of the retirement system, the total 950
service at the time of the retirant's retirement shall be 951
restored to the retirant's credit, and the retirant shall be 953
given service credit for the period the retirant was in receipt 955
of a disability pension. The provisions of division (F)(1) of 956
this section shall be retroactive to September 5, 1941. 957
(2) The state highway patrol is not required to take 960
action under division (F)(1) of this section if the retirant was 962
22
dismissed or resigned in lieu of dismissal for dishonesty, 963
misfeasance, malfeasance, or conviction of a felony. 964
(G) The board may adopt rules to carry out this section. 966
Sec. 5505.29. THE STATE HIGHWAY PATROL RETIREMENT BOARD 968
SHALL REFUND THE COST OF SERVICE CREDIT RESTORED UNDER SECTION 969
5505.20 OR PURCHASED UNDER DIVISION (D) OF SECTION 5505.16, 970
DIVISION (C) OF SECTION 5505.17, OR SECTION 5505.201, 5505.202, 972
OR 5505.25 OF THE REVISED CODE TO THE EXTENT THE CREDIT DOES NOT, 973
OR, IN THE CASE OF A PERSON WHO RETIRED OR DIED PRIOR TO THE 974
EFFECTIVE DATE OF THIS SECTION, DID NOT, INCREASE THE PENSION 975
PROVIDED TO THE RETIRANT OR SURVIVING SPOUSE UNDER SECTION 976
5505.16, 5505.162, 5505.17, OR 5505.18 OF THE REVISED CODE. THE 977
BOARD SHALL PROVIDE THE REFUND TO THE RETIRANT OR SURVIVING 979
SPOUSE. THE REFUND CANCELS AN EQUIVALENT AMOUNT OF SERVICE 980
CREDIT.
Sec. 5505.30. On the death of a person who at the time of 989
death is receiving a pension from the state highway patrol 991
retirement system under division (A)(1) or (2) of section 5505.17 992
or section 5505.18 of the Revised Code, a lump-sum payment of one 994
FIVE thousand dollars shall be paid to the retirant's surviving 995
spouse. If there is no surviving spouse, the payment shall be 996
made to the retirant's estate. 997
Application for the payment shall be made on a form 999
provided by the state highway patrol retirement board. 1,000
Section 2. That existing sections 5505.12, 5505.15, 1,002
5505.16, 5505.17, 5505.171, 5505.176, 5505.18, and 5505.30 of the 1,003
Revised Code are hereby repealed. 1,004
Section 3. Section 5505.16 of the Revised Code is 1,006
presented in this act as a composite of the section as amended by 1,007
both Am. Sub. H.B. 308 and Am. Sub. H.B. 450 of the 121st General 1,008
Assembly, with the new language of neither of the acts shown in 1,009
capital letters. This is in recognition of the principle stated 1,010
in division (B) of section 1.52 of the Revised Code that such
amendments are to be harmonized where not substantively 1,011
23
irreconcilable and constitutes a legislative finding that such is 1,012
the resulting version in effect prior to the effective date of 1,013
this act.