As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 270  5            

      1999-2000                                                    6            


                          SENATOR DRAKE                            8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 3309.03, 3309.15, 3309.36,          12           

                3309.374, 3309.381, 3309.40, 3309.401, 3309.45,    13           

                and 3309.69 and to enact section 3309.3712 of the  14           

                Revised Code to increase certain benefits paid by               

                the School Employees Retirement System (SERS), to  15           

                increase the SERS reimbursement for insurance      16           

                coverage under Medicare Part B, to provide that    17           

                the annual cost of living increases paid to SERS                

                retirants and beneficiaries will be three per      18           

                cent and to make other changes to the law          19           

                governing SERS.                                                 




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 3309.03, 3309.15, 3309.36,         23           

3309.374, 3309.381, 3309.40, 3309.401, 3309.45, and 3309.69 be     24           

amended and section 3309.3712 of the Revised Code be enacted to    25           

read as follows:                                                   26           

      Sec. 3309.03.  A school employees retirement system is       35           

hereby established for the employees as defined in section         36           

3309.01 of the Revised Code, which shall include the several       37           

funds created and placed under the management of the school        38           

employees retirement board for the payment of retirement           39           

allowances and other benefits provided in Chapter 3309. of the     40           

Revised Code.  The board may sue and be sued, plead and be         41           

impleaded, contract and be contracted with, and do all things      42           

necessary to carry out Chapter 3309. of the Revised Code.  All of  43           

its business shall be transacted, all of its funds invested, all   44           

                                                          2      


                                                                 
warrants for money drawn and payments made, and all of its cash,   45           

securities, and other property shall be held in the name of the    48           

board, or in the name of its nominee, provided that nominees are   49           

authorized by retirement board resolution for the purpose of                    

facilitating the ownership and transfer of investments SUCH        50           

PURPOSES.                                                          51           

      Sec. 3309.15.  (A)  The members of the school employees      60           

retirement board shall be the trustees of the funds created by     61           

section 3309.60 of the Revised Code.  The board shall have full    62           

power to invest the funds.  The board and other fiduciaries shall  64           

discharge their duties with respect to the funds solely in the     65           

interest of the participants and beneficiaries; for the exclusive  66           

purpose of providing benefits to participants and their                         

beneficiaries and defraying reasonable expenses of administering   67           

the school employees retirement system; with care, skill,          68           

prudence, and diligence under the circumstances then prevailing    70           

that a prudent person acting in a like capacity and familiar with  71           

such matters would use in the conduct of an enterprise of a like   72           

character and with like aims; and by diversifying the investments  73           

of the system so as to minimize the risk of large losses, unless   74           

under the circumstances it is clearly prudent not to do so.        75           

      To facilitate investment of the funds, the THE board may     77           

establish a partnership, trust, limited liability company,         79           

corporation, including a corporation exempt from taxation under    80           

the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C.A. 1, as       82           

amended, or any other legal entity authorized to transact          83           

business in this state.                                                         

      (B)  In exercising its fiduciary responsibility with         85           

respect to the investment of the funds, it shall be the intent of  86           

the board to give consideration to investments that enhance the    87           

general welfare of the state and its citizens where the            88           

investments offer quality, return, and safety comparable to other  90           

investments currently available to the board.  In fulfilling this  91           

intent, equal consideration shall also be given to investments     92           

                                                          3      


                                                                 
otherwise qualifying under this section that involve minority      93           

owned and controlled firms and firms owned and controlled by       94           

women, either alone or in joint venture with other firms.          95           

      The board shall adopt, in regular meeting, policies,         97           

objectives, or criteria for the operation of the investment        99           

program that include asset allocation targets and ranges, risk     100          

factors, asset class benchmarks, time horizons, total return       101          

objectives, and performance evaluation guidelines.  In adopting    102          

policies and criteria for the selection of agents with whom the    103          

board may contract for the administration of the funds, the board  104          

shall give equal consideration to minority owned and controlled    105          

firms, firms owned and controlled by women, and ventures           106          

involving minority owned and controlled firms and firms owned and  107          

controlled by women that otherwise meet the policies and criteria  108          

established by the board.  Amendments and additions to the         109          

policies and criteria shall be adopted in regular meeting.  The    110          

board shall publish its policies, objectives, and criteria under   112          

this provision no less often than annually and shall make copies   114          

available to interested parties.                                                

      When reporting on the performance of investments, the board  116          

shall comply with the performance presentation standards           117          

established by the association for investment management and       118          

research.                                                                       

      (C)  All evidences of title of investments purchased by the  120          

board under this section shall be delivered to the treasurer of    123          

state, who is hereby designated as custodian thereof, or to the    124          

treasurer of state's authorized agent, and the treasurer of state  125          

or the agent shall collect principal, interest, dividends, and     126          

distributions that become due and payable and place the same when  127          

so collected into the custodial funds.  Evidences of title of the  128          

investments may be deposited by the treasurer of state for         130          

safekeeping with an authorized agent, selected by the treasurer    131          

of state, who is a qualified trustee under section 135.18 of the   132          

Revised Code.  The treasurer of state shall pay for the            133          

                                                          4      


                                                                 
investments purchased by the board pending receipt of the                       

evidence of title of the investments by the treasurer of state or  135          

to the treasurer of state's authorized agent, and on receipt of    137          

written or electronic instructions from the board or the board's   138          

designated agent authorizing the purchase.  The board may sell     139          

any investments held by the board, and the treasurer of state or   140          

the treasurer of state's authorized agent shall accept payment     141          

from the purchaser and deliver evidence of title of the            142          

investment to the purchaser on receipt of written or electronic    143          

instructions from the board or the board's designated agent        144          

authorizing the sale, and pending receipt of the moneys for the    145          

investments.  The amount received shall be placed into the                      

custodial funds.  The board and the treasurer of state may enter   147          

into agreements to establish procedures for the purchase and sale  148          

of investments under this division and the custody of the                       

investment.                                                                     

      (D)  No purchase or sale of any investment shall be made     151          

under this section except as authorized by the school employees    152          

retirement board.                                                               

      (E)  Any statement of financial position distributed by the  154          

board shall include the fair value, as of the statement date, of   157          

all investments held by the board under this section.                           

      Sec. 3309.36.  (A)  A member retiring on service retirement  166          

shall be granted a retirement allowance consisting of the lesser   167          

of the sum of the following amounts or the limit established by    168          

section 415 of the "Internal Revenue Code of 1986," 100 Stat.      169          

2085, 26 U.S.C.A. 415, as amended:                                 170          

      (1)  An annuity having a reserve equal to the amount of the  172          

employee's accumulated contributions at that time;                 173          

      (2)  A pension of equivalent amount;                         175          

      (3)  An additional pension of forty dollars multiplied by    177          

the number of years of such prior service credit;                  178          

      (4)  For members who have ten or more years of service       180          

credit accumulated prior to October 1, 1956, a basic annual        181          

                                                          5      


                                                                 
pension equal to one hundred eighty dollars, except that such      182          

basic annual pension shall not exceed the sum of the total annual  183          

benefits provided by divisions (A)(1), (2), and (3) of this        185          

section.                                                                        

      (B)(1)  When a member retires on service retirement, the     187          

member's allowance when computed as an annual single lifetime      189          

allowance as provided in divisions (A)(1), (2), (3), and (4) of    191          

this section and section 3309.38 of the Revised Code, based upon   192          

attained age sixty-five or thirty years of total service credit,   193          

shall be not less than the greater of the amounts determined by    195          

multiplying the member's total service credit by the following:    197          

      (a)  Eighty-six dollars;                                     199          

      (b)  Two and one-tenth TWO-TENTHS per cent of the member's   202          

final average salary for each of the first thirty years of         203          

service credit or fraction thereof plus two and one-half per cent  204          

of the member's final average salary for each subsequent year of                

service credit or fraction thereof.                                205          

      (2)  The annual single lifetime allowance determined under   209          

division (B)(1) of this section shall be adjusted by the greater   210          

percentage shown in the following schedule opposite the member's   212          

attained age or years of Ohio service credit:                      213          

                            Years of                Per Cent       215          

    Attained     or       Ohio Service                 of          217          

       Age                   Credit                Base Amount     218          

       58                      25                      75%         221          

       59                      26                      80          224          

       60                      27                      85          227          

       61                                              88          230          

                               28                      90          233          

       62                                              91          236          

       63                                              94          239          

                               29                      95          242          

       64                                              97          245          

       65                  30 or more                 100          248          

                                                          6      


                                                                 
Members shall vest the right to a benefit in accordance with the   251          

following schedule, based on the member's attained age by          252          

September 1, 1976:                                                 253          

                                              Per Cent             255          

           Attained                              of                256          

             Age                            Base Amount            257          

              66                                102                258          

              67                                104                259          

              68                                106                260          

              69                                108                261          

          70 or more                            110                262          

      (3)  The annual single lifetime allowance which a retirant   264          

shall receive under this division shall not exceed the lesser of   265          

ninety ONE HUNDRED per cent of the member's final average salary   266          

or the limit established by section 415 of the "Internal Revenue   269          

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.        270          

      (C)  Retirement allowances determined under this section     272          

shall be paid as provided in section 3309.46 of the Revised Code.  273          

      Sec. 3309.374.  (A)  Beginning April 1, 1971, and each year  282          

thereafter, the board of the THE school employees retirement       283          

system shall determine the average percentage change in the        285          

consumer price index prepared by the United States bureau of       286          

labor statistics (U.S. City Average for Urban Wage Earners and     287          

Clerical Workers:  "All Items 1982-84=100") for the                288          

twelve-calendar-month period prior to the first day of January     290          

over the next preceding twelve-calendar-month period, as reported  291          

by the bureau.                                                                  

      Upon a determination by the board in any year that the       293          

change in the consumer price index is an increase or that the      295          

change plus the accumulation described in division (B) of this     296          

section is an increase, the board shall ANNUALLY increase each     297          

allowance, pension, or benefit payable under this chapter by a     298          

percentage equal to the percentage increase in the consumer price  299          

index or to that increase plus the accumulation, except that the   300          

                                                          7      


                                                                 
increase shall not exceed three per cent and, EXCEPT THAT no       301          

allowance, pension, or benefit shall exceed the limit established  303          

by section 415 of the "Internal Revenue Code of 1986," 100 Stat.   304          

2085, 26 U.S.C.A. 415, as amended.                                 305          

      The first increase is payable to all persons becoming        307          

eligible after June 30, 1971, upon such persons receiving an       308          

allowance, pension, or benefit for twelve months.                  309          

      The increased amount is payable for the ensuing              311          

twelve-month period or until the next increase is granted under    312          

this section, whichever is later.  Subsequent increases shall be   313          

determined from the date of the first increase paid to the former  314          

member in the case of an allowance being paid a beneficiary under  315          

an option, or from the date of the first increase to the survivor  316          

first receiving an allowance or benefit in the case of an          317          

allowance or benefit being paid to the subsequent survivors of     318          

the former member.                                                 319          

      The date of the first increase under this section becomes    322          

the anniversary date for any future increases.                                  

      The allowance or benefit used in the first calculation of    324          

an increase under this section shall remain as the base for all    325          

future increases, unless a new base is established.                326          

      (B)  Any percentage of change in the consumer price index    328          

in any year that is in excess of three per cent shall be           329          

accumulated and used to determine increases under this section in  330          

subsequent years.  Any percentage of change in the consumer price  331          

index accumulated by an eligible person prior to the effective     332          

date of this amendment shall be used in determining any future     334          

increases under this section.                                                   

      (C)  The board shall make all rules necessary to carry out   336          

this section.                                                      337          

      Sec. 3309.3712.  THE SCHOOL EMPLOYEES RETIREMENT BOARD MAY   339          

ESTABLISH AND MAINTAIN A QUALIFIED GOVERNMENTAL EXCESS BENEFIT     340          

ARRANGEMENT THAT MEETS THE REQUIREMENTS OF DIVISION (m) OF         341          

SECTION 415 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT.      345          

                                                          8      


                                                                 
2085, 26 U.S.C.A. 415, AS AMENDED, AND ANY REGULATIONS ADOPTED     347          

THEREUNDER.  IF ESTABLISHED, THE ARRANGEMENT SHALL BE A SEPARATE                

PORTION OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM AND BE                        

MAINTAINED SOLELY FOR THE PURPOSE OF PROVIDING TO RETIRED MEMBERS  348          

THAT PART OF A BENEFIT OTHERWISE PAYABLE UNDER THIS CHAPTER THAT   349          

EXCEEDS THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL     350          

REVENUE CODE OF 1986," AS AMENDED.                                 351          

      MEMBERS PARTICIPATING IN AN ARRANGEMENT ESTABLISHED UNDER    353          

THIS SECTION SHALL NOT BE PERMITTED TO ELECT TO DEFER              354          

COMPENSATION TO THE ARRANGEMENT.  CONTRIBUTIONS TO AND BENEFITS    355          

PAID UNDER AN ARRANGEMENT SHALL NOT BE PAYABLE FROM A TRUST THAT   356          

IS PART OF THE SYSTEM UNLESS THE TRUST IS MAINTAINED SOLELY FOR    357          

THE PURPOSE OF PROVIDING SUCH BENEFITS.                            358          

      THE BOARD SHALL ADOPT RULES TO ADMINISTER AN ARRANGEMENT     360          

ESTABLISHED UNDER THIS SECTION.                                    361          

      Sec. 3309.381.  (A)  A recipient of a disability allowance   370          

under section 3309.401 of the Revised Code who is subject to       371          

division (C)(3) of that section may make application for service   372          

retirement under this section.  Retirement shall be effective on   373          

the first day of the first month following the last day for which  374          

the disability allowance is paid.                                  375          

      (B)  The annual allowance payable under this section shall   377          

consist of the sum of the amounts determined under divisions       378          

(B)(1) and (2) of this section:                                    379          

      (1)  The greater of the following:                           381          

      (a)  An allowance calculated as provided in section 3309.36  383          

of the Revised Code, excluding any period during which the         384          

applicant received a disability benefit under section 3309.401 of  385          

the Revised Code;                                                  386          

      (b)  An allowance calculated by multiplying the applicant's  388          

total service credit, including service credit for the last        389          

continuous period during which he THE APPLICANT received a         390          

disability benefit under section 3309.401 of the Revised Code, by  392          

two and one-tenth TWO-TENTHS per cent of his THE APPLICANT'S       394          

                                                          9      


                                                                 
final average salary, except that the allowance shall not exceed   396          

forty-five per cent of the applicant's final average salary.       397          

      (2)  An amount equal to the additional allowance the         399          

recipient would receive under section 3309.374 of the Revised      400          

Code, plus any other additional amount he THE RECIPIENT would      401          

receive under this chapter, had he THE RECIPIENT retired under     403          

section 3309.36 of the Revised Code effective on the effective     405          

date of his THE RECIPIENT'S most recent continuous period of       407          

receipt of a disability benefit under section 3309.401 of the      408          

Revised Code.                                                                   

      (C)  The allowance calculated under division (B) of this     410          

section, exclusive of any amount added under division (B)(2) of    411          

this section based on section 3309.374 of the Revised Code, shall  412          

be the base for all future additional allowances under section     413          

3309.374 of the Revised Code.                                      414          

      The anniversary date for future additional allowances under  416          

section 3309.374 of the Revised Code shall be the effective date   417          

of the recipient's most recent continuous period of receipt of a   418          

disability benefit under section 3309.401 of the Revised Code.     419          

      (D)  The retirement allowance determined under this section  421          

shall be paid as provided in section 3309.46 of the Revised Code.  422          

      Sec. 3309.40.  A member who has elected disability coverage  431          

under this section, has not attained age sixty, and is determined  432          

by the school employees retirement board under section 3309.39 of  433          

the Revised Code to qualify for a disability beenfit BENEFIT       434          

shall be retired on disability under this section.                 436          

      Upon disability retirement, a member shall receive an        438          

annual amount that shall consist of:                               439          

      (A)  An annuity having a reserve equal to the amount of the  441          

member's accumulated contributions;                                442          

      (B)  A pension that shall be the difference between his THE  444          

MEMBER'S annuity and an annual amount determined by multiplying    446          

the total service credit of such member, and in addition thereto,  447          

the number of years and fractions thereof between the effective    448          

                                                          10     


                                                                 
date of his THE MEMBER'S disability retirement and attained age    449          

sixty, assuming continuous service, by eighty-six dollars, or by   451          

two and one-tenth TWO-TENTHS per cent of his THE MEMBER'S final    453          

average salary, whichever is greater.                              455          

      Where the member is not receiving a disability benefit       457          

under section 3309.35 of the Revised Code and is receiving a       458          

disability benefit from either the public employees retirement     459          

system or the state teachers retirement system, then such member   460          

shall not be eligible for service credit based upon the number of  461          

years and fractions thereof between the effective date of          462          

disability and attained age sixty as provided for in this          463          

division.                                                          464          

      Such disability retirement shall not be less than thirty     466          

per cent nor more than seventy-five per cent of the member's       467          

final average salary, except that it shall not exceed any limit    468          

to which the retirement system is subject under section 415 of     469          

the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.   470          

415, as amended.                                                   471          

      The school employees retirement board is the final           473          

authority in determining the eligibility of a member for such      474          

form of retirement.                                                475          

      Sec. 3309.401.  (A)  A member with disability coverage       484          

under this section who is determined by the school employees       485          

retirement board under section 3309.39 of the Revised Code to      486          

qualify for a disability benefit shall receive a disability        487          

allowance under this section.  The allowance shall be an annual    488          

amount equal to the greater of the following:                      489          

      (1)  Forty-five per cent of the member's final average       491          

salary;                                                            492          

      (2)  The member's total service credit multiplied by two     494          

and one-tenth TWO-TENTHS per cent of his THE MEMBER'S final        496          

average salary, not exceeding sixty per cent of his THE MEMBER'S   498          

final average salary.                                                           

      (B)  Sufficient reserves for payment of the disability       500          

                                                          11     


                                                                 
allowance shall be transferred to the annuity and pension reserve  501          

fund from the employers' accumulation fund.  The accumulated       502          

contributions of the member shall remain in the employees'         503          

savings fund.  No part of the allowance paid under this section    504          

shall be charged against the member's accumulated contributions.   505          

      (C)  A disability allowance paid under this section shall    507          

terminate at the earliest of the following:                        508          

      (1)  The effective date of service retirement under section  510          

3309.35, 3309.36, or 3309.38 of the Revised Code;                  511          

      (2)  The date the allowance is terminated under section      513          

3309.41 of the Revised Code;                                       514          

      (3)  The later of the last day of the month in which the     516          

recipient attains age sixty-five, or the last day of the month in  517          

which the benefit period ends as follows:                          518          

      Attained Age at Effective Date                               520          

         of Disability Allowance          Benefit Period           522          

              60 or 61                       60 months             524          

              62 or 63                       48 months             525          

              64 or 65                       36 months             526          

              66, 67, or 68                  24 months             527          

              69 or older                    12 months             528          

      Sec. 3309.45.  Except as provided in division (C)(1) of      538          

this section, in lieu of accepting the payment of the accumulated  540          

account of a member who dies before service retirement, the        541          

beneficiary, as determined in section 3309.44 of the Revised       542          

Code, may elect to forfeit the accumulated account and to          543          

substitute certain other benefits either under division (A) or     544          

(B) of this section.                                                            

      (A)  If a deceased member was eligible for a service         546          

retirement allowance as provided in section 3309.36, 3309.38, or   547          

3309.381 of the Revised Code, a surviving spouse or other sole     548          

dependent beneficiary may elect to receive a monthly benefit       550          

computed as the joint-survivor allowance designated as "plan D"    551          

in section 3309.46 of the Revised Code, which the member would     552          

                                                          12     


                                                                 
have received had the member retired on the last day of the month  553          

of death and had the member at that time selected such             554          

joint-survivor plan.  Payment shall begin with the month           555          

subsequent to the member's death.                                  556          

      (B)  If the deceased member had completed at least one and   558          

one-half years of credit for Ohio service, with at least           559          

one-quarter year of Ohio contributing service credit within the    560          

two and one-half years prior to the date of death, or was          561          

receiving at the time of death a disability benefit as provided    562          

in section 3309.40 or 3309.401 of the Revised Code, qualified      563          

survivors may WHO elect to receive monthly benefits, SHALL         565          

RECEIVE THE GREATER OF THE BENEFITS provided in divisions          566          

DIVISION (B)(1) and OR (5) of this section.                        567          

    (1)(a)  Number                                                 569          

    of                                                                          

    Qualified                                          Or          570          

    survivors      Annual Benefit as a Per       Monthly Benefit   572          

    affecting        Cent of Decedent's           shall not be     575          

                            Final                                               

    the benefit        Average Salary               less than      578          

         1                   25%                      $ 96         581          

         2                   40                        186         582          

         3                   50                        236         583          

         4                   55                        236         584          

         5 or more           60                        236         585          

    (b)  YEARS OF SERVICE             ANNUAL BENEFIT AS A PER      589          

                                              CENT OF              590          

                                   MEMBER'S FINAL AVERAGE SALARY   591          

              20                                29%                592          

              21                                 33                593          

              22                                 37                594          

              23                                 41                595          

              24                                 45                596          

              25                                 48                597          

                                                          13     


                                                                 
              26                                 51                598          

              27                                 54                599          

              28                                 57                600          

          29 OR MORE                             60                601          

      (2)  THE FINAL AVERAGE SALARY USED IN THE CALCULATION OF A   604          

BENEFIT PAYABLE PURSUANT TO THIS DIVISION TO A QUALIFIED SURVIVOR  605          

OF A DISABILITY BENEFIT RECIPIENT SHALL BE ADJUSTED FOR EACH YEAR  606          

BETWEEN THE DISABILITY BENEFIT'S EFFECTIVE DATE AND THE            607          

RECIPIENT'S DATE OF DEATH BY THE LESSER OF THREE PER CENT OR THE   608          

ACTUAL AVERAGE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX     609          

PREPARED BY THE UNITED STATES BUREAU OF LABOR STATISTICS (U.S.     613          

CITY AVERAGE FOR URBAN WAGE EARNERS AND CLERICAL WORKERS: "ALL     616          

ITEMS 1982-84=100").                                               617          

      (3)  Benefits shall begin as qualified survivors meet        619          

eligibility requirements as follows:                               620          

      (a)  A qualified spouse is the surviving spouse of the       622          

deceased member who is age sixty-two, or REGARDLESS OF age fifty   625          

if the deceased member had ten or more years of Ohio service       626          

credit, or regardless of age if caring for a surviving child, or   628          

regardless of age if adjudged physically or mentally incompetent.  629          

      (b)  A qualified child is any unmarried child of the         633          

deceased member WHO HAS NEVER BEEN MARRIED AND TO WHOM ONE OF THE  634          

FOLLOWING APPLIES:                                                 635          

      (i)  IS under age eighteen, or under age twenty-two if the   638          

child is attending an institution of learning or training                       

pursuant to a program designed to complete in each school year     639          

the equivalent of at least two-thirds of the full-time curriculum  640          

requirements of such institution and as further determined by      641          

board policy, or regardless;                                       642          

      (ii)  REGARDLESS of age if, IS adjudged physically or        645          

mentally incompetent IF THE INCOMPETENCE EXISTED PRIOR TO THE      646          

MEMBER'S DEATH AND PRIOR TO THE CHILD ATTAINING AGE EIGHTEEN, OR   647          

AGE TWENTY-TWO IF ATTENDING AN INSTITUTION DESCRIBED IN DIVISION   648          

(B)(2)(b)(i) OF THIS SECTION.                                      649          

                                                          14     


                                                                 
      (c)  A qualified parent is a dependent parent aged           651          

sixty-five or older.                                               652          

      (3)(4)  "Physically or mentally incompetent" as used in      654          

this section may be determined by a court of jurisdiction, or by   655          

a physician appointed by the retirement board.  Incapability of    656          

earning a living because of a physically or mentally disabling     657          

condition shall meet the qualifications of this division.          658          

      (4)(5)  Benefits to a qualified survivor shall terminate     660          

upon a first marriage, abandonment, adoption, or during active     663          

military service.  Benefits to a deceased member's surviving       665          

spouse that were terminated under a former version of this         666          

section that required termination due to remarriage and were not   667          

resumed prior to the effective date of this amendment shall        668          

resume on the first day of the month immediately following                      

receipt by the board of an application on a form provided by the   669          

board.                                                                          

      Upon the death of any subsequent spouse who was a member of  672          

the public employees retirement system, state teachers retirement  673          

system, or school employees retirement system, the surviving       674          

spouse of such member may elect to continue receiving benefits     675          

under this division, or to receive survivor's benefits, based      676          

upon the subsequent spouse's membership in one or more of the      677          

systems, for which such surviving spouse is eligible under this    678          

section or section 145.45 or 3307.49 of the Revised Code.  If the  679          

surviving spouse elects to continue receiving benefits under this  680          

division, such election shall not preclude the payment of          681          

benefits under this division to any other qualified survivor.      682          

      Benefits shall begin or resume on the first day of the       684          

month following the attainment of eligibility and shall terminate  685          

on the first day of the month following loss of eligibility.       686          

      (5)  Benefits (6)(a)  IF A BENEFIT IS PAYABLE UNDER          688          

DIVISION (B)(1)(a) OF THIS SECTION, BENEFITS to a qualified        690          

spouse shall be paid in the amount determined for the first        691          

qualifying survivor in division (B)(1)(a) of this section, but     693          

                                                          15     


                                                                 
shall not be less than one hundred six dollars per month if the    694          

deceased member had ten or more years of Ohio service credit.      695          

All other qualifying survivors shall share equally in the benefit  697          

or remaining portion thereof.                                                   

      (6)(b)  ALL QUALIFYING SURVIVORS SHALL SHARE EQUALLY IN A    699          

BENEFIT PAYABLE UNDER DIVISION (B)(1)(b) OF THIS SECTION, EXCEPT   701          

THAT IF THERE IS A SURVIVING SPOUSE THE SURVIVING SPOUSE SHALL                  

RECEIVE THE AMOUNT DETERMINED FOR THE FIRST QUALIFYING SURVIVOR    702          

IN DIVISION (B)(1)(a) OF THIS SECTION, BUT SHALL NOT BE LESS THAN  704          

ONE HUNDRED SIX DOLLARS PER MONTH AND THE OTHER QUALIFYING                      

SURVIVORS SHALL SHARE EQUALLY IN THE REMAINING PORTION OF THE      705          

BENEFIT.                                                                        

      (7)  The beneficiary of a member who is also a member of     707          

the public employees retirement system, or of the state teachers   708          

retirement system, must forfeit the member's accumulated           709          

contributions in those systems, if the beneficiary takes a         712          

survivor benefit.  Such benefit shall be exclusively governed by   713          

section 3309.35 of the Revised Code.                               714          

      (C)(1)  Regardless of whether the member is survived by a    718          

spouse or designated beneficiary, if the school employees                       

retirement system receives notice that a deceased member           719          

described in division (A) or (B) of this section has one or more   721          

qualified children, all persons who are qualified survivors under  722          

Division (B) of this section shall receive monthly benefits as     725          

provided in division (B) of this section.                          726          

      If, after determining the monthly benefits to be paid under  728          

division (B) of this section, the system receives notice that      729          

there is a qualified survivor who was not considered when the      730          

determination was made, the system shall, notwithstanding section  731          

3309.661 of the Revised Code, recalculate the monthly benefits     732          

with that qualified survivor included, even if the benefits to     733          

qualified survivors already receiving benefits are reduced as a    734          

result.  The benefits shall be calculated as if the qualified      735          

survivor who is the subject of the notice became eligible on the                

                                                          16     


                                                                 
date the notice was received and shall be paid to qualified        736          

survivors effective on the first day of the first month following  737          

the system's receipt of the notice.                                738          

      If the retirement system did not receive notice that a       740          

deceased member has one or more qualified children prior to        742          

making payment under section 3309.44 of the Revised Code to a      745          

beneficiary as determined by the retirement system, the payment    746          

is a full discharge and release of the system from any future      747          

claims under this section or section 3309.44 of the Revised Code.  748          

      (2)  If benefits under division (C)(1) of this section to    751          

all persons, or to all persons other than a surviving spouse or    753          

other sole beneficiary, terminate, there are no children under                  

the age of twenty-two years, and the surviving spouse or           754          

beneficiary qualifies for benefits under division (A) of this      756          

section, the surviving spouse or beneficiary may elect to receive  757          

benefits under division (A) of this section.  Benefits shall be    758          

effective on the first day of the month following receipt by the   760          

board of an application for benefits under division (A) of this    761          

section.                                                           762          

      (D)  If the survivor benefits due and paid under this        764          

section are in a total amount less than the member's accumulated   765          

account that was transferred from the employees' savings fund,     766          

the state teachers retirement fund, and the public employees       767          

retirement fund to the survivors' benefit fund, then the           768          

difference between the total amount of the benefits paid shall be  769          

paid to the beneficiary under section 3309.44 of the Revised       770          

Code.                                                              771          

      Sec. 3309.69.  (A)  As used in this section, "ineligible     780          

individual" means all of the following:                            781          

      (1)  A former member receiving benefits pursuant to section  783          

3309.34, 3309.35, 3309.36, 3309.38, or 3309.381 of the Revised     784          

Code for whom eligibility is established more than five years      785          

after June 13, 1981, and who, at the time of establishing          786          

eligibility, has accrued less than ten years of service credit,    787          

                                                          17     


                                                                 
exclusive of credit obtained after January 29, 1981, pursuant to   788          

sections 3309.021, 3309.301, 3309.31, and 3309.33 of the Revised   789          

Code;                                                              790          

      (2)  The spouse of the former member;                        792          

      (3)  The beneficiary of the former member receiving          794          

benefits pursuant to section 3309.46 of the Revised Code.          795          

      (B)  The school employees retirement board may enter into    797          

an agreement with insurance companies, health insuring             799          

corporations, or government agencies authorized to do business in  801          

the state for issuance of a policy or contract of health,          802          

medical, hospital, or surgical benefits, or any combination        803          

thereof, for those individuals receiving service retirement or a   804          

disability or survivor benefit subscribing to the plan and their   806          

eligible dependents.                                                            

      If all or any portion of the policy or contract premium is   808          

to be paid by any individual receiving service retirement or a     810          

disability or survivor benefit, the person shall, by written       811          

authorization, instruct the board to deduct the premiums agreed    812          

to be paid by the individual to the companies, corporations, or    814          

agencies.                                                                       

      The board may contract for coverage on the basis of part or  817          

all of the cost of the coverage to be paid from appropriate funds  818          

of the school employees retirement system.  The cost paid from     819          

the funds of the system shall be included in the employer's        821          

contribution rate provided by sections 3309.49 and 3309.491 of     822          

the Revised Code.  The board shall not pay or reimburse the cost   823          

for health care under this section or section 3309.375 of the      824          

Revised Code for any ineligible individual.                        825          

      The board may provide for self-insurance of risk or level    827          

of risk as set forth in the contract with the companies,           828          

corporations, or agencies, and may provide through the             829          

self-insurance method specific benefits as authorized by the       830          

rules of the board.                                                831          

      (C)  If the board provides health, medical, hospital, or     833          

                                                          18     


                                                                 
surgical benefits through any means other than a health insuring   835          

corporation, it shall offer to each individual eligible for the    838          

benefits the alternative of receiving benefits through enrollment  840          

in a health insuring corporation, if all of the following apply:   842          

      (1)  The health insuring corporation provides health care    845          

services in the geographical area in which the individual lives;   847          

      (2)  The eligible individual was receiving health care       849          

benefits through a health maintenance organization or a health     850          

insuring corporation before retirement;                            852          

      (3)  The rate and coverage provided by the health insuring   855          

corporation to eligible individuals is comparable to that          857          

currently provided by the board under division (B) of this         858          

section.  If the rate or coverage provided by the health insuring  859          

corporation is not comparable to that currently provided by the    861          

board under division (B) of this section, the board may deduct     862          

the additional cost from the eligible individual's monthly         863          

benefit.                                                                        

      The health insuring corporation shall accept as an enrollee  867          

any eligible individual who requests enrollment.                                

      The board shall permit each eligible individual to change    869          

from one plan to another at least once a year at a time            870          

determined by the board.                                           871          

      (D)  The board shall, beginning the month following receipt  873          

of satisfactory evidence of the payment for coverage, make a       874          

monthly payment to each recipient of service retirement, or a      875          

disability or survivor benefit under the school employees          876          

retirement system who is eligible for insurance coverage under     877          

part B of "The Social Security Amendments of 1965," 79 Stat. 301,  878          

42 U.S.C.A. 1395j, as amended, except that the board shall make    879          

no such payment to any ineligible individual.  Effective on the    880          

first day of the month after December 8, 1998 THE EFFECTIVE DATE   882          

OF THIS AMENDMENT, the amount of the payment shall be the lesser   884          

of an amount equal to the basic premium for such coverage, or an   885          

amount equal to the basic premium in effect on January 1, 1992     886          

                                                          19     


                                                                 
1999.                                                                           

      (E)  The board shall establish by rule requirements for the  888          

coordination of any coverage, payment, or benefit provided under   890          

this section or section 3309.375 of the Revised Code with any      892          

similar coverage, payment, or benefit made available to the same   893          

individual by the public employees retirement system, Ohio police  894          

and fire pension fund, state teachers retirement system, or state  896          

highway patrol retirement system.                                  897          

      (F)  The board shall make all other necessary rules          899          

pursuant to the purpose and intent of this section.                900          

      Section 2.  That existing sections 3309.03, 3309.15,         902          

3309.36, 3309.374, 3309.381, 3309.40, 3309.401, 3309.45, and       903          

3309.69 of the Revised Code are hereby repealed.                   904          

      Section 3.  The School Employees Retirement System shall     906          

recalculate under section 3309.36, 3309.381, 3309.40, or 3309.401  907          

of the Revised Code, as amended by this act, or 3309.38 of the     908          

Revised Code, each benefit that is payable under those sections    909          

or section 3309.46 of the Revised Code and became effective on or  910          

after January 1, 2000, but before the effective date of this act.  911          

If the recalculated benefit is greater than the recipient's        912          

benefit prior to the recalculation, the system shall do both of    913          

the following:                                                     914          

      (A)  Pay the recalculated benefit beginning on the first     916          

day of the month immediately following the date the board          917          

recalculates the benefit;                                          918          

      (B)  Make a one-time payment to the recipient equal to the   920          

difference between the benefits paid to the recipient between      921          

January 1, 2000, and the date of the payment and the increased     922          

benefits that would have been paid to the recipient had the        923          

amendments to sections 3309.36, 3309.381, 3309.40, and 3309.401    924          

of the Revised Code gone into effect on January 1, 2000.           925          

      Section 4.  (A)  The School Employees Retirement System      927          

shall recalculate under section 3309.374 of the Revised Code, as   928          

amended by this act, any increase payable under that section that  929          

                                                          20     


                                                                 
became effective on or after January 1, 2000, but before the       930          

effective date of this act.  If the recalculated increase is       931          

greater than a recipient's increase prior to the recalculation,    932          

the board shall do both of the following:                          933          

      (1)  Begin payment of the recalculated increase on the       935          

first day of the month immediately following the date the board    936          

recalculates the increase;                                         937          

      (2)  Make a one-time payment to each person who meets both   939          

of the following criteria:                                         940          

      (a)  The person is receiving an allowance, pension, or       942          

benefit on the effective date of this act;                         943          

      (b)  The person received an increase under section 3309.371  945          

on or after January 1, 2000, but before the effective date of      946          

this act.                                                                       

      (B)  The payment under division (A)(2) of this section       948          

shall be an amount equal to the difference between the amount the  949          

individual received between January 1, 2000, and the date of the   950          

payment and the amount the individual would have received had the  951          

amendments to section 3309.374 of the Revised Code gone into       952          

effect on January 1, 2000.                                         953          

      Section 5.  (A)  The School Employees Retirement System      955          

shall make a one-time payment to each person who was eligible to   956          

receive a monthly payment during the period commencing January 1,  957          

1993, and ending on the last day of the month in which this act    958          

takes effect pursuant to division (D) of section 3309.69 of the    959          

Revised Code for insurance coverage under Part B of the "Social    960          

Security Amendments of 1965," 79 Stat. 301, 42 U.S.C.A. 1935j, as  961          

amended.  Except as provided in division (B) of this section, the  962          

payment shall be equal to the difference between:                  963          

      (1)  The amount the recipient was eligible to receive under  965          

division (D) of section 3309.69 of the Revised Code during the     966          

period commencing January 1, 1993, and ending on the last day of   967          

the month in which this act takes effect;                          968          

      (2)  The amount the recipient would have received under      970          

                                                          21     


                                                                 
division (D) of section 3309.69 of the Revised Code during the     971          

same period had the amendments to that division made by this act   972          

taken effect January 1, 1993.                                      973          

      (B)  The School Employees Retirement System shall subtract   975          

from any amount payable under this section any amount the          976          

recipient was eligible to receive pursuant to Section 3 of Am.     977          

Sub. H.B. 673 of the 122nd General Assembly.                       978          

      Section 6.  If the surviving spouse of a member who died on  980          

or after January 1, 2000, but before the effective date of this    981          

act would be eligible for a benefit under division (B)(2)(a) of    982          

section 3309.45 of the Revised Code as amended by this act and     983          

the surviving spouse has not taken the payment of the member's     984          

accumulated account, the system shall calculate the benefit        985          

payable to the surviving spouse under section 3309.45 of the       986          

Revised Code as of the effective date of this act and do both of   987          

the following:                                                     988          

      (A)  Begin payment to the surviving spouse on the first day  990          

of the month immediately following the date the calculation is     991          

made;                                                                           

      (B)  Make a one-time payment to the surviving spouse equal   993          

to the sum of the monthly benefits that would have been paid to    994          

the surviving spouse had the amendments to section 3309.45 of the  995          

Revised Code gone into effect on January 1, 2000.                  996