As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                         Am. Sub. S. B. No. 270  5            

      1999-2000                                                    6            


     SENATORS DRAKE-BLESSING-HERINGTON-DiDONATO-McLIN-SPADA-       8            

                  PRENTISS-BRADY-MUMPER-CARNES                     9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 3309.01, 3309.03, 3309.04,          13           

                3309.05, 3309.07, 3309.12, 3309.15, 3309.17,       14           

                3309.22, 3309.341, 3309.36, 3309.374, 3309.381,                 

                3309.40, 3309.401, 3309.45, 3309.47, 3309.49,      15           

                3309.53, 3309.54, 3309.55, 3309.57, 3309.59,       16           

                3309.60, 3309.61, 3309.66, and 3309.69; to enact   17           

                sections 3309.031, 3309.25, 3309.251, 3309.252,                 

                3309.253, 3309.80, 3309.81, 3309.811, 3309.812,    18           

                3309.813, 3309.82, 3309.85, 3309.86, 3309.87,                   

                3309.88, 3309.91, 3309.92, 3309.95, 3309.97, and   19           

                3309.98; and to repeal section 3309.58 of the      21           

                Revised Code to increase certain benefits paid by               

                the School Employees Retirement System (SERS), to  22           

                increase the SERS reimbursement for insurance      23           

                coverage under Medicare Part B, to require SERS    24           

                to establish a defined contribution retirement                  

                plan, and to make other changes to the law         26           

                governing SERS.                                                 




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 3309.01, 3309.03, 3309.04,         30           

3309.05, 3309.07, 3309.12, 3309.15, 3309.17, 3309.22, 3309.341,    32           

3309.36, 3309.374, 3309.381, 3309.40, 3309.401, 3309.45, 3309.47,  33           

3309.49, 3309.53, 3309.54, 3309.55, 3309.57, 3309.59, 3309.60,     34           

3309.61, 3309.66, and 3309.69 be amended and sections 3309.031,    35           

3309.25, 3309.251, 3309.252, 3309.253, 3309.80, 3309.81,           36           

                                                          2      


                                                                 
3309.811, 3309.812, 3309.813, 3309.82, 3309.85, 3309.86, 3309.87,               

3309.88, 3309.91, 3309.92, 3309.95, 3309.97, and 3309.98 of the    38           

Revised Code be enacted to read as follows:                        39           

      Sec. 3309.01.  As used in this chapter:                      48           

      (A)  "Employer" or "public employer" means boards of         50           

education, school districts, joint vocational districts,           51           

governing authorities of community schools established under       52           

Chapter 3314. of the Revised Code, educational institutions,       53           

technical colleges, state, municipal, and community colleges,      55           

community college branches, universities, university branches,     56           

other educational institutions, or other agencies within the       57           

state by which an employee is employed and paid, including any     58           

organization using federal funds, provided the federal funds are   59           

disbursed by an employer as determined by the above.  In all       61           

cases of doubt, the school employees retirement board shall        62           

determine whether any employer is an employer as defined in this   63           

chapter, and its decision shall be final.                          64           

      (B)  "Employee" means all of the following:                  66           

      (1)  Any person employed by a public employer in a position  68           

for which the person is not required to have a certificate or      69           

license issued pursuant to sections 3319.22 to 3319.31 of the      71           

Revised Code;                                                                   

      (2)  Any person who performs a service common to the normal  73           

daily operation of an educational unit even though the person is   75           

employed and paid by one who has contracted with an employer to    76           

perform the service, and the contracting board or educational      78           

unit shall be the employer for the purposes of administering the   79           

provisions of this chapter;                                        80           

      (3)  Any person, not a faculty member, employed in any       82           

school or college or other institution wholly controlled and       83           

managed, and wholly or partly supported by the state or any        84           

political subdivision thereof, the board of trustees, or other     85           

managing body of which shall accept the requirements and           86           

obligations of this chapter.                                       87           

                                                          3      


                                                                 
      In all cases of doubt, the school employees retirement       89           

board shall determine whether any person is an employee, as        90           

defined in this division, and its decision is final.               91           

      (C)  "Prior service" means all service rendered prior to     93           

September 1, 1937:                                                 94           

      (1)  As an employee as defined in division (B) of this       96           

section;                                                           97           

      (2)  As an employee in a capacity covered by the public      99           

employees retirement system or the state teachers retirement       100          

system;                                                            101          

      (3)  As an employee of an institution in another state,      103          

service credit for which was procured by a member under the        104          

provisions of section 3309.31 of the Revised Code.                 105          

      Prior service, for service as an employee in a capacity      107          

covered by the public employees retirement system or the state     108          

teachers retirement system, shall be granted a member under        109          

qualifications identical to the laws and rules applicable to       110          

service credit in those systems.                                   111          

      Prior service shall not be granted any member for service    114          

rendered in a capacity covered by the public employees retirement  115          

system, the state teachers retirement system, and this system in   116          

the event the service credit has, in the respective systems, been  118          

received, waived by exemption, or forfeited by withdrawal of       119          

contributions, except as provided in this chapter.                              

      If a member who has been granted prior service should,       121          

subsequent to September 16, 1957, and before retirement,           122          

establish three years of contributing service in the public        123          

employees retirement system, or one year in the state teachers     124          

retirement system, then the prior service granted shall become,    126          

at retirement, the liability of the other system, if the prior     128          

service or employment was in a capacity that is covered by that    129          

system.                                                            130          

      The provisions of this division shall not cancel any prior   132          

service granted a member by the school employees retirement board  133          

                                                          4      


                                                                 
prior to August 1, 1959.                                           134          

      (D)  "Total service," "total service credit," or "Ohio       136          

service credit" means all contributing service of a member of the  137          

school employees retirement system, and all prior service,         139          

computed as provided in this chapter, and all service established  140          

pursuant to sections 3309.31, 3309.311, and 3309.33 of the                      

Revised Code.  In addition, "total service" includes any period,   141          

not in excess of three years, during which a member was out of     142          

service and receiving benefits from the state insurance fund,      143          

provided the injury or incapacitation was the direct result of     144          

school employment.                                                 145          

      (E)  "Member" means any employee, except an SERS retirant    147          

or other system retirant as defined in section 3309.341 of the     148          

Revised Code, who has established membership in the school         149          

employees retirement system.  "Member" includes a disability       150          

benefit recipient.                                                 151          

      (F)  "Contributor" means any person who has an account in    153          

the employees' savings fund.  WHEN USED IN THE SECTIONS LISTED IN  155          

DIVISION (B) OF SECTION 3309.82 OF THE REVISED CODE,               156          

"CONTRIBUTOR" INCLUDES ANY PERSON PARTICIPATING IN A PLAN          158          

ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED CODE.             159          

      (G)  "Retirant" means any former member who retired and is   161          

receiving a service retirement allowance or commuted service       162          

retirement allowance as provided in this chapter.                  163          

      (H)  "Beneficiary" or "beneficiaries" means the estate or a  165          

person or persons who, as the result of the death of a             166          

contributor or retirant, qualifies for or is receiving some right  167          

or benefit under this chapter.                                     168          

      (I)  "Interest," as specified in division (E) of section     170          

3309.60 of the Revised Code, means interest at the rates for the   172          

respective funds and accounts as the school employees retirement   173          

board may determine from time to time, except as follows:          174          

      (1)  The rate of interest credited on employee               176          

contributions at retirement shall be four per cent per annum,      177          

                                                          5      


                                                                 
compounded annually, to and including June 30, 1955; three per     178          

cent per annum, compounded annually, from July 1, 1955, to and     179          

including June 30, 1963; three and one-quarter per cent per        180          

annum, compounded annually, from July 1, 1963, through June 30,    182          

1966; and thereafter, four per cent per annum compounded annually  183          

until a change in the amount is recommended by the system's        184          

actuary and approved by the retirement board.  Subsequent to June  186          

30, 1959, the retirement board shall discontinue the annual        187          

crediting of current interest on a contributor's accumulated       188          

contributions. Noncrediting of current interest shall not affect   190          

the rate of interest at retirement guaranteed under this           191          

division.                                                                       

      (2)  In determining the reserve value for purposes of        193          

computing the amount of the contributor's annuity, the rate of     194          

interest used in the annuity values shall be four per cent per     195          

annum through September 30, 1956; three per cent per annum         196          

compounded annually from October 1, 1956, through June 30, 1963;   197          

three and one-quarter per cent per annum compounded annually from  199          

July 1, 1963, through June 30, 1966; and, thereafter, four per                  

cent per annum compounded annually until a change in the amount    201          

is recommended by the system's actuary and approved by the         203          

retirement board.  In the purchase of out-of-state service credit  204          

as provided in section 3309.31 of the Revised Code, and in the     205          

purchase of an additional annuity, as provided in section 3309.47  206          

of the Revised Code, interest shall be computed and credited to    207          

reserves therefor at the rate the school employees retirement      209          

board shall fix as regular interest thereon.                                    

      (J)  "Accumulated contributions" means the sum of all        211          

amounts credited to a contributor's account in the employees'      212          

savings fund together with any regular interest credited thereon   213          

at the rates approved by the retirement board prior to             214          

retirement.                                                        215          

      (K)  "Final average salary" means the sum of the annual      217          

compensation for the three highest years of compensation for       218          

                                                          6      


                                                                 
which contributions were made by the member, divided by three. If  220          

the member has a partial year of contributing service in the year  221          

in which the member terminates employment and the partial year is  223          

at a rate of compensation that is higher than the rate of                       

compensation for any one of the highest three years of annual      224          

earnings, the board shall substitute the compensation earned for   225          

the partial year for the compensation earned for a similar         226          

fractional portion in the lowest of the three high years of        227          

annual compensation before dividing by three.  If a member has     228          

less than three years of contributing membership, the final        229          

average salary shall be the total compensation divided by the      230          

total number of years, including any fraction of a year, of        231          

contributing service.                                              232          

      (L)  "Annuity" means payments for life derived from          234          

contributions made by a contributor and paid from the annuity and  235          

pension reserve fund as provided in this chapter.  All annuities   236          

shall be paid in twelve equal monthly installments.                237          

      (M)(1)  "Pension" means annual payments for life derived     239          

from appropriations made by an employer and paid from the          240          

employers' trust fund or the annuity and pension reserve fund.     241          

All pensions shall be paid in twelve equal monthly installments.   242          

      (2)  "Disability retirement" means retirement as provided    244          

in section 3309.40 of the Revised Code.                            245          

      (N)  "Retirement allowance" means the pension plus the       247          

annuity.                                                           248          

      (O)(1)  "Benefit" means a payment, other than a retirement   250          

allowance or the annuity paid under section 3309.341 of the        251          

Revised Code, payable from the accumulated contributions of the    252          

member or the employer, or both, under this chapter and includes   253          

a disability allowance or disability benefit.                      254          

      (2)  "Disability allowance" means an allowance paid on       256          

account of disability under section 3309.401 of the Revised Code.  257          

      (3)  "Disability benefit" means a benefit paid as            259          

disability retirement under section 3309.40 of the Revised Code,   260          

                                                          7      


                                                                 
as a disability allowance under section 3309.401 of the Revised    261          

Code, or as a disability benefit under section 3309.35 of the      262          

Revised Code.                                                      263          

      (P)  "Annuity reserve" means the present value, computed     265          

upon the basis of mortality tables adopted by the school           267          

employees retirement board, of all payments to be made on account  268          

of any annuity, or benefit in lieu of any annuity, granted to a    269          

retirant.                                                                       

      (Q)  "Pension reserve" means the present value, computed     271          

upon the basis of mortality tables adopted by the school           273          

employees retirement board, of all payments to be made on account  274          

of any pension, or benefit in lieu of any pension, granted to a    275          

retirant or a beneficiary.                                                      

      (R)  "Year" means the year beginning the first day of July   277          

and ending with the thirtieth day of June next following.          278          

      (S)  "Local district pension system" means any school        280          

employees' pension fund created in any school district of the      281          

state prior to September 1, 1937.                                  282          

      (T)  "Employer contribution" means the amount paid by an     284          

employer as determined by the employer rate, contributions, and    285          

funds as provided in this chapter, and shall be credited to the    286          

employers' trust fund UNDER SECTION 3309.49 OF THE REVISED CODE.   287          

      (U)  "Fiduciary" means a person who does any of the          289          

following:                                                         290          

      (1)  Exercises any discretionary authority or control with   292          

respect to the management of the system, or with respect to the    293          

management or disposition of its assets;                           294          

      (2)  Renders investment advice for a fee, direct or          296          

indirect, with respect to money or property of the system;         297          

      (3)  Has any discretionary authority or responsibility in    299          

the administration of the system.                                  300          

      (V)(1)  Except as otherwise provided in this division,       302          

"compensation" means all salary, wages, and other earnings paid    303          

to a contributor by reason of employment.  The salary, wages, and  306          

                                                          8      


                                                                 
other earnings shall be determined prior to determination of the   307          

amount required to be contributed to the employees' savings fund   308          

under section 3309.47 of the Revised Code and without regard to    309          

whether any of the salary, wages, or other earnings are treated    311          

as deferred income for federal income tax purposes.                312          

      (2)  Compensation does not include any of the following:     314          

      (a)  Payments for accrued but unused sick leave or personal  316          

leave, including payments made under a plan established pursuant   317          

to section 124.39 of the Revised Code or any other plan            318          

established by the employer;                                       319          

      (b)  Payments made for accrued but unused vacation leave,    321          

including payments made pursuant to section 124.13 of the Revised  322          

Code or a plan established by the employer;                        323          

      (c)  Payments made for vacation pay covering concurrent      325          

periods for which other salary or compensation is also paid or     326          

during which benefits are paid under this chapter;                 327          

      (d)  Amounts paid by the employer to provide life            329          

insurance, sickness, accident, endowment, health, medical,         330          

hospital, dental, or surgical coverage, or other insurance for     331          

the contributor or the contributor's family, or amounts paid by    333          

the employer to the contributor in lieu of providing the                        

insurance;                                                         334          

      (e)  Incidental benefits, including lodging, food, laundry,  336          

parking, or services furnished by the employer, use of the         337          

employer's property or equipment, and reimbursement for            338          

job-related expenses authorized by the employer, including moving  339          

and travel expenses and expenses related to professional           340          

development;                                                       341          

      (f)  Payments made to or on behalf of a contributor that     343          

are in excess of the annual compensation that may be taken into    344          

account by the retirement system under division (a)(17) of         345          

section 401 of the "Internal Revenue Code of 1986," 100 Stat.      346          

2085, 26 U.S.C.A. 401(a)(17), as amended.  For a contributor who   347          

first establishes membership before July 1, 1996, the annual       348          

                                                          9      


                                                                 
compensation that may be taken into account by the retirement      349          

system shall be determined under division (d)(3) of section 13212  350          

of the "Omnibus Budget Reconciliation Act of 1993," Pub. L.        352          

103-66, 107 Stat. 472;                                                          

      (g)  Payments made under division (B) or (D) of section      354          

5923.05 of the Revised Code or Section 4 of Substitute Senate      356          

Bill No. 3 of the 119th general assembly;                          357          

      (h)  Anything of value received by the contributor that is   359          

based on or attributable to retirement or an agreement to retire,  360          

except that payments made on or before January 1, 1989, that are   361          

based on or attributable to an agreement to retire shall be        362          

included in compensation if both of the following apply:           363          

      (i)  The payments are made in accordance with contract       365          

provisions that were in effect prior to January 1, 1986.           366          

      (ii)  The employer pays the retirement system an amount      368          

specified by the retirement board equal to the additional          369          

liability from the payments.                                       370          

      (3)  The retirement board shall determine by rule whether    372          

any form of earnings not enumerated in this division is to be      373          

included in compensation, and its decision shall be final.         374          

      (W)  "Disability benefit recipient" means a member who is    376          

receiving a disability benefit.                                    377          

      (X)  "Actuary" means an individual who satisfies all of the  379          

following requirements:                                            380          

      (1)  Is a member of the American academy of actuaries;       382          

      (2)  Is an associate or fellow of the society of actuaries;  384          

      (3)  Has a minimum of five years' experience in providing    386          

actuarial services to public retirement plans.                     387          

      Sec. 3309.03.  A school employees retirement system is       396          

hereby established for the employees as defined in section         397          

3309.01 of the Revised Code, which shall include the several       398          

funds created and placed under the management of the school        399          

employees retirement board for the payment of retirement           400          

allowances and other benefits provided in Chapter 3309. of the     401          

                                                          10     


                                                                 
Revised Code.  The board may sue and be sued, plead and be         402          

impleaded, contract and be contracted with, and do all things      403          

necessary to carry out Chapter 3309. of the Revised Code.  All of  404          

its business shall be transacted, all of its funds invested, all   405          

warrants for money drawn and payments made, and all of its cash,   406          

securities, and other property shall be held in the name of the    409          

board, or in the name of its nominee, provided that nominees are   410          

authorized by retirement board resolution for the purpose of                    

facilitating the ownership and transfer of investments SUCH        411          

PURPOSES.  THE BOARD MAY TAKE ALL APPROPRIATE ACTION TO AVOID      413          

PAYMENT BY THE SYSTEM OR ITS MEMBERS OF FEDERAL OR STATE INCOME    414          

TAXES ON CONTRIBUTIONS TO THE SYSTEM OR AMOUNTS EARNED ON THOSE    415          

CONTRIBUTIONS.                                                                  

      Sec. 3309.031.  THE SCHOOL EMPLOYEES RETIREMENT SYSTEM       417          

SHALL CONSIST OF THE PLANS DESCRIBED IN SECTION 3309.18 TO         418          

3309.70 OF THE REVISED CODE AND THE PLAN OR PLANS ESTABLISHED      419          

UNDER SECTION 3309.81 OF THE REVISED CODE.                         420          

      Sec. 3309.04.  The general administration and management of  429          

the school employees retirement system and making effective        430          

Chapter 3309. of the Revised Code are hereby vested in the school  431          

employees retirement board which may adopt rules IN ACCORDANCE     432          

WITH SECTION 111.15 OF THE REVISED CODE and may authorize its      433          

administrative officers, or committees composed of members of      434          

said board, to act for the board in accord ACCORDANCE with such    435          

policies and subject to subsequent approval by the board.          436          

      The attorney general shall prescribe procedures for the      438          

adoption of rules authorized under this chapter, consistent with   439          

the provision of section 111.15 of the Revised Code under which    440          

all rules shall be filed in order to be effective.  Such           441          

procedures shall establish methods by which notice                              

      NOTICE of proposed rules is SHALL BE given to interested     444          

parties and rules adopted by the board SHALL BE published and      446          

otherwise made available.  When it files a rule with the joint     447          

committee on agency rule review pursuant to section 111.15 of the  448          

                                                          11     


                                                                 
Revised Code, the board shall submit to the Ohio retirement study  450          

council a copy of the full text of the rule, and if applicable, a  452          

copy of the rule summary and fiscal analysis required by division               

(B) of section 127.18 of the Revised Code.                         453          

      All rules adopted pursuant to this chapter, prior to August  455          

20, 1976, shall be published and made available to interested      457          

parties by January 1, 1977.                                                     

      Sec. 3309.05.  The school employees retirement board shall   466          

consist of the following seven members:                            467          

      (A)  The auditor of state;                                   469          

      (B)  The attorney general;                                   471          

      (C)  Four members, known as employee members, who shall be   473          

members of the school employees retirement system, and who shall   474          

be elected by ballot by the members of the system;                 475          

      (D)  One member, known as the retirant member, who shall be  477          

a former member of the retirement system who is a recipient of     478          

RESIDENT OF THIS STATE AND CURRENTLY RECEIVING AN AGE AND service  480          

retirement benefits under this chapter and a resident of this      481          

state or a member of the retirement system who is a recipient of   482          

BENEFIT, a disability benefit under this chapter and a resident    484          

of this state, OR BENEFITS UNDER A PLAN ESTABLISHED UNDER SECTION  485          

3309.81 OF THE REVISED CODE.  The retirant member shall be                      

elected by ballot by former members of the system who are          487          

CURRENTLY receiving AN AGE AND service retirement benefits or      489          

BENEFIT, a disability benefit under this chapter, OR BENEFITS      490          

UNDER A PLAN ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED      491          

CODE.                                                                           

      Sec. 3309.07.  (A)  All elections for employee or retirant   500          

members of the school employees retirement board shall be held     501          

under the direction of the board.                                  502          

      (B)  Any member of the school employees retirement system,   504          

other than a disability benefit recipient, shall be eligible for   505          

election as an employee member of the board who has been           506          

nominated by a petition signed by at least five hundred members,   507          

                                                          12     


                                                                 
provided that there shall be not less than twenty signers each     508          

from at least ten counties wherein such members are employed. The  510          

petition shall specify the term of office and position.  The name  511          

of any member so nominated shall be placed upon the ballot by the  512          

board as a regular candidate.  Other names of eligible candidates  513          

may at any election be substituted for the regular candidates by   514          

writing such names upon the ballot.  The candidate receiving the   515          

highest number of votes for any term as member of the board shall  516          

be elected for such term.  In any year in which two employee       517          

member positions must be filled, the candidates who receive the    518          

highest and second highest number of votes shall be elected to     519          

the offices.                                                                    

      (C)  Any service retirant or disability benefit recipient    521          

FORMER MEMBER of the school employees retirement system DESCRIBED  523          

IN DIVISION (D) OF SECTION 3309.05 OF THE REVISED CODE is          524          

eligible for election as the retirant member of the board TO       526          

REPRESENT FORMER MEMBERS CURRENTLY RECEIVING AN AGE AND SERVICE                 

RETIREMENT BENEFIT, A DISABILITY BENEFIT, OR BENEFITS UNDER A      527          

PLAN ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED CODE,        528          

provided that such person has been nominated by a petition signed  530          

by at least one hundred fifty former members of the system who     531          

are CURRENTLY receiving AN AGE AND service retirement benefits or  532          

BENEFIT, a disability benefit, OR BENEFITS under this chapter A    534          

PLAN ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED CODE.  The                

petition shall contain the signatures of at least ten such         536          

retirants or disability benefit recipients from each of at least   537          

five counties wherein service retirants or disability benefit      538          

recipients under OF BENEFITS FROM this system reside.  The         539          

petition shall specify the term of office and position.  The name  540          

of any retirant or disability benefit recipient PERSON so          541          

nominated shall be placed upon the ballot by the board as a        543          

regular candidate. Other names of eligible candidates may at any   544          

election be substituted for the regular candidates by writing      545          

such names upon the ballot.  The candidate receiving the highest   546          

                                                          13     


                                                                 
number of votes for any term as member of the board shall be       547          

elected for such term.                                             548          

      No employee member of the board who retires while a member   550          

of the board shall be eligible to become a retirant member of the  551          

board for three years after the date of the member's retirement.   552          

      Sec. 3309.12.  The treasurer of state shall be the           561          

custodian of the funds of the school employees retirement system,  562          

and all disbursements therefrom shall be paid by him THE           563          

TREASURER OF STATE only upon instruments duly authorized by the    565          

school employees retirement board and bearing the signatures of    566          

the board; provided, that such instruments may bear the names of   567          

the board members printed thereon and the signatures of the        568          

president and secretary of the board.  The signatures of the       569          

president and secretary may be affixed through the use of a        570          

mechanical check signing device.                                                

      The treasurer of state shall give a separate and additional  572          

bond in such amount as is fixed by the governor and with sureties  573          

selected by the board and approved by the governor, conditioned    574          

for the faithful performance of the duties of the treasurer of     575          

state as custodian of the funds of the system.  Such bonds shall   576          

be deposited with the secretary of state and kept in his THE       577          

TREASURER OF STATE'S office. The governor may require the          579          

treasurer of state to give other and additional bonds, as the      580          

funds of the system increase, in such amounts and at such times    581          

as are fixed by the governor, which additional bonds shall be      582          

conditioned, filed, and obtained as is provided for the original   583          

bond of the treasurer of state covering the funds of the system.   584          

The premium on all bonds shall be paid by the board.               585          

      The treasurer of state shall deposit any portion of the      587          

funds of the system not needed for immediate use in the same       588          

manner as state funds are deposited, and subject to all            589          

provisions of law with respect to the deposit of state funds, by   590          

the treasurer of state, and all interest earned by such portion    591          

of the retirement funds as may be deposited by the treasurer of    592          

                                                          14     


                                                                 
state shall be collected by him and placed to the credit of the    593          

board.                                                             594          

      THE TREASURER OF THE STATE SHALL FURNISH ANNUALLY TO THE     596          

SCHOOL EMPLOYEES RETIREMENT SYSTEM A SWORN STATEMENT OF THE        598          

AMOUNT OF THE FUNDS IN THE TREASURERS' CUSTODY BELONGING TO THE    599          

SCHOOL EMPLOYEES RETIREMENT SYSTEM.                                600          

      Sec. 3309.15.  (A)  The members of the school employees      609          

retirement board shall be the trustees of the funds created by     610          

section 3309.60 of the Revised Code.  The board shall have full    611          

power to invest the funds.  The board and other fiduciaries shall  613          

discharge their duties with respect to the funds solely in the     614          

interest of the participants and beneficiaries; for the exclusive  615          

purpose of providing benefits to participants and their                         

beneficiaries and defraying reasonable expenses of administering   616          

the school employees retirement system; with care, skill,          617          

prudence, and diligence under the circumstances then prevailing    619          

that a prudent person acting in a like capacity and familiar with  620          

such matters would use in the conduct of an enterprise of a like   621          

character and with like aims; and by diversifying the investments  622          

of the system so as to minimize the risk of large losses, unless   623          

under the circumstances it is clearly prudent not to do so.        624          

      To facilitate investment of the funds, the THE board may     626          

establish a partnership, trust, limited liability company,         628          

corporation, including a corporation exempt from taxation under    629          

the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C.A. 1, as       631          

amended, or any other legal entity authorized to transact          632          

business in this state.                                                         

      (B)  In exercising its fiduciary responsibility with         634          

respect to the investment of the funds, it shall be the intent of  635          

the board to give consideration to investments that enhance the    636          

general welfare of the state and its citizens where the            637          

investments offer quality, return, and safety comparable to other  639          

investments currently available to the board.  In fulfilling this  640          

intent, equal consideration shall also be given to investments     641          

                                                          15     


                                                                 
otherwise qualifying under this section that involve minority      642          

owned and controlled firms and firms owned and controlled by       643          

women, either alone or in joint venture with other firms.          644          

      The board shall adopt, in regular meeting, policies,         646          

objectives, or criteria for the operation of the investment        648          

program that include asset allocation targets and ranges, risk     649          

factors, asset class benchmarks, time horizons, total return       650          

objectives, and performance evaluation guidelines.  In adopting    651          

policies and criteria for the selection of agents with whom the    652          

board may contract for the administration of the funds, the board  653          

shall give equal consideration to minority owned and controlled    654          

firms, firms owned and controlled by women, and ventures           655          

involving minority owned and controlled firms and firms owned and  656          

controlled by women that otherwise meet the policies and criteria  657          

established by the board.  Amendments and additions to the         658          

policies and criteria shall be adopted in regular meeting.  The    659          

board shall publish its policies, objectives, and criteria under   661          

this provision no less often than annually and shall make copies   663          

available to interested parties.                                                

      When reporting on the performance of investments, the board  665          

shall comply with the performance presentation standards           666          

established by the association for investment management and       667          

research.                                                                       

      (C)  All evidences of title of investments purchased by the  669          

board under this section shall be delivered to the treasurer of    672          

state, who is hereby designated as custodian thereof, or to the    673          

treasurer of state's authorized agent, and the treasurer of state  674          

or the agent shall collect principal, interest, dividends, and     675          

distributions that become due and payable and place the same when  676          

so collected into the custodial funds.  Evidences of title of the  677          

investments may be deposited by the treasurer of state for         679          

safekeeping with an authorized agent, selected by the treasurer    680          

of state, who is a qualified trustee under section 135.18 of the   681          

Revised Code.  The treasurer of state shall pay for the            682          

                                                          16     


                                                                 
investments purchased by the board pending receipt of the                       

evidence of title of the investments by the treasurer of state or  684          

to the treasurer of state's authorized agent, and on receipt of    686          

written or electronic instructions from the board or the board's   687          

designated agent authorizing the purchase.  The board may sell     688          

any investments held by the board, and the treasurer of state or   689          

the treasurer of state's authorized agent shall accept payment     690          

from the purchaser and deliver evidence of title of the            691          

investment to the purchaser on receipt of written or electronic    692          

instructions from the board or the board's designated agent        693          

authorizing the sale, and pending receipt of the moneys for the    694          

investments.  The amount received shall be placed into the                      

custodial funds.  The board and the treasurer of state may enter   696          

into agreements to establish procedures for the purchase and sale  697          

of investments under this division and the custody of the                       

investment.                                                                     

      (D)  No purchase or sale of any investment shall be made     700          

under this section except as authorized by the school employees    701          

retirement board.                                                               

      (E)  Any statement of financial position distributed by the  703          

board shall include the fair value, as of the statement date, of   706          

all investments held by the board under this section.                           

      Sec. 3309.17.  The proper officers of each taxing district   715          

issuing the bonds provided for in section 3309.16 of the Revised   716          

Code shall, without additional procedure or legislation on their   717          

part, comply with sections 3309.01 to 3309.68, inclusive, of the   718          

Revised Code THIS CHAPTER, except that the proper accounting       719          

officer of such taxing district and the secretary of its sinking   720          

fund shall make and keep a detailed record of any such changes     721          

required by the school employees retirement board.  The board      722          

shall not change the date of maturity of any part of the           723          

principal or interest of any bond issue, nor shall it require a    724          

bond of any issue to be of a larger denomination, nor any partial               

payment of principal to be of greater amount than the aggregate    725          

                                                          17     


                                                                 
amount of such issue falling due at any date.                      726          

      Sec. 3309.22.  (A)  The treasurer of state shall furnish     735          

annually to the school employees retirement board a sworn          736          

statement of the amount of the funds in the treasurer's custody    738          

belonging to the school employees retirement system.               739          

      (B)(1)  As used in this division, "personal history record"  741          

means information maintained by the board on a member, former      742          

member, contributor, former contributor, retirant, or beneficiary  743          

that includes the address, telephone number, social security       744          

number, record of contributions, correspondence with the system,   745          

and other information the board determines to be confidential.     746          

      (2)  The records of the board shall be open to public        748          

inspection, except for the following, which shall be excluded,     749          

except with the written authorization of the individual            750          

concerned:                                                         751          

      (a)  The individual's statement of previous service and      753          

other information as provided for in section 3309.28 of the        754          

Revised Code;                                                      755          

      (b)  Any information identifying by name and address the     757          

amount of a monthly allowance or benefit paid to the individual;   758          

      (c)  The individual's personal history record.               760          

      (C)(B)  All medical reports and recommendations required by  762          

the system are privileged except that copies of such medical       763          

reports or recommendations shall be made available to the          764          

personal physician, attorney, or authorized agent of the           765          

individual concerned upon written release received from the        766          

individual or the individual's agent, or when necessary for the    768          

proper administration of the fund, to the board assigned           769          

physician.                                                                      

      (D)(C)  Any person who is a contributor of the system shall  771          

be furnished, on written request, with a statement of the amount   773          

to the credit of the person's account.  The board need not answer  774          

more than one such request of a person in any one year.                         

      (E)(D)  Notwithstanding the exceptions to public inspection  776          

                                                          18     


                                                                 
in division (B)(A)(2) of this section, the board may furnish the   777          

following information:                                             778          

      (1)  If a member, former member, contributor, former         780          

contributor, or retirant is subject to an order issued under       781          

section 2907.15 of the Revised Code or is convicted of or pleads   782          

guilty to a violation of section 2921.41 of the Revised Code, on   783          

written request of a prosecutor as defined in section 2935.01 of   784          

the Revised Code, the board shall furnish to the prosecutor the    785          

information requested from the individual's personal history       786          

record.                                                            787          

      (2)  Pursuant to a court or administrative order issued      789          

under section 3111.23 or 3113.21 of the Revised Code, the board    790          

shall furnish to a court or child support enforcement agency the   791          

information required under that section.                           792          

      (3)  At the written request of any person, the board shall   794          

provide to the person a list of the names and addresses of         795          

members, former members, retirants, contributors, former           796          

contributors, or beneficiaries.  The costs of compiling, copying,  797          

and mailing the list shall be paid by such person.                 798          

      (4)  Within fourteen days after receiving from the director  800          

of job and family services a list of the names and social          801          

security numbers of recipients of public assistance pursuant to    803          

section 5101.181 of the Revised Code, the board shall inform the   804          

auditor of state of the name, current or most recent employer      805          

address, and social security number of each contributor whose      806          

name and social security number are the same as that of a person   807          

whose name or social security number was submitted by the          808          

director.  The board and its employees shall, except for purposes  809          

of furnishing the auditor of state with information required by    810          

this section, preserve the confidentiality of recipients of        811          

public assistance in compliance with division (A) of section       812          

5101.181 of the Revised Code.                                      813          

      (F)(E)  A statement that contains information obtained from  815          

the system's records that is signed by an officer of the           816          

                                                          19     


                                                                 
retirement system and to which the system's official seal is       817          

affixed, or copies of the system's records to which the signature  818          

and seal are attached, shall be received as true copies of the     819          

system's records in any court or before any officer of this        820          

state.                                                             821          

      Sec. 3309.25.  ON RECEIPT OF NOTICE UNDER SECTION 3309.55    823          

OF THE REVISED CODE OF THE EMPLOYMENT OF A NEW EMPLOYEE, THE       824          

SCHOOL EMPLOYEES RETIREMENT SYSTEM SHALL INFORM THE EMPLOYEE OF    825          

THE REQUIREMENTS OF SECTION 3309.251 OF THE REVISED CODE.                       

      Sec. 3309.251.  (A)  EXCEPT AS PROVIDED IN DIVISION (D) OF   828          

THIS SECTION, AN INDIVIDUAL WHO BECOMES A MEMBER OF THE SCHOOL     830          

EMPLOYEES RETIREMENT SYSTEM ON OR AFTER THE DATE ON WHICH THE      831          

SCHOOL EMPLOYEES RETIREMENT BOARD ESTABLISHES A PLAN UNDER         833          

SECTION 3309.81 OF THE REVISED CODE SHALL MAKE AN ELECTION UNDER   834          

THIS SECTION.  NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE    835          

DATE ON WHICH EMPLOYMENT BEGINS, THE INDIVIDUAL SHALL ELECT TO     836          

PARTICIPATE EITHER IN THE PLAN DESCRIBED IN SECTIONS 3309.18 TO    837          

3309.70 OF THE REVISED CODE OR ONE OF THE PLANS ESTABLISHED UNDER  839          

SECTION 3309.81 OF THE REVISED CODE.  IF A FORM EVIDENCING AN      840          

ELECTION UNDER THIS SECTION IS NOT ON FILE WITH THE EMPLOYER AT    841          

THE END OF THE ONE-HUNDRED-EIGHTY-DAY PERIOD, THE INDIVIDUAL IS    843          

DEEMED TO HAVE ELECTED TO PARTICIPATE IN THE PLAN DESCRIBED IN     845          

SECTIONS 3309.18 TO 3309.70 OF THE REVISED CODE.                   846          

      (B)  AN ELECTION UNDER THIS SECTION SHALL BE MADE IN         848          

WRITING ON A FORM PROVIDED BY THE RETIREMENT SYSTEM AND FILED      849          

WITH THE EMPLOYER'S PERSONNEL OFFICER.  NOT LATER THAN TEN DAYS    851          

AFTER RECEIVING THE FORM EVIDENCING THE ELECTION, THE EMPLOYER     852          

SHALL TRANSMIT TO THE SYSTEM A COPY THAT INCLUDES A STATEMENT      853          

CERTIFYING THAT IT IS A TRUE AND ACCURATE COPY OF THE ORIGINAL.    854          

      (C)  AN ELECTION UNDER THIS SECTION SHALL TAKE EFFECT ON     856          

THE DATE EMPLOYMENT BEGAN AND IS IRREVOCABLE ON RECEIPT BY THE     857          

EMPLOYER.                                                                       

      (D)  AN INDIVIDUAL IS INELIGIBLE TO MAKE AN ELECTION UNDER   859          

THIS SECTION IF EITHER OF THE FOLLOWING APPLIES:                   860          

                                                          20     


                                                                 
      (1)  AT THE TIME EMPLOYMENT BEGINS, THE INDIVIDUAL IS        862          

ALREADY A MEMBER OR CONTRIBUTOR PARTICIPATING IN THE PLAN          863          

DESCRIBED IN SECTIONS 3309.18 TO 3309.70 OF THE REVISED CODE OR    864          

AN SERS RETIRANT, AS DEFINED IN SECTION 3309.341 OF THE REVISED    865          

CODE.                                                                           

      (2)  AN ELECTION TO PARTICIPATE IN AN ALTERNATIVE            867          

RETIREMENT PLAN UNDER SECTION 3305.05 OF THE REVISED CODE IS IN    868          

EFFECT FOR EMPLOYMENT COVERED BY THE SYSTEM.                       869          

      Sec. 3309.252.  (A)  A MEMBER OF THE SCHOOL EMPLOYEES        871          

RETIREMENT SYSTEM, WHO, AS OF THE LAST DAY OF THE MONTH            873          

IMMEDIATELY PRECEDING THE DATE ON WHICH THE SYSTEM ESTABLISHES A   874          

PLAN UNDER SECTION 3309.81 OF THE REVISED CODE, HAS LESS THAN      875          

FIVE YEARS OF TOTAL SERVICE CREDIT IS ELIGIBLE TO MAKE AN          876          

ELECTION UNDER THIS SECTION.                                                    

      NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DAY THE     878          

BOARD FIRST ESTABLISHES ONE OR MORE PLANS UNDER SECTION 3309.81    879          

OF THE REVISED CODE, AN ELIGIBLE MEMBER MAY ELECT TO PARTICIPATE   881          

IN A PLAN ESTABLISHED UNDER THAT SECTION.  IF AN ELECTION IS NOT   882          

MADE, A MEMBER TO WHOM THIS SECTION APPLIES IS DEEMED TO HAVE      884          

ELECTED TO CONTINUE PARTICIPATING IN THE PLAN DESCRIBED IN         885          

SECTIONS 3309.18 TO 3309.70 OF THE REVISED CODE.                   886          

      (B)  AN ELECTION UNDER THIS SECTION SHALL BE MADE IN         888          

WRITING ON A FORM PROVIDED BY THE SYSTEM AND FILED WITH THE        889          

SYSTEM.                                                                         

      (C)  ON RECEIPT OF AN ELECTION UNDER THIS SECTION, THE       891          

SYSTEM SHALL DO BOTH OF THE FOLLOWING:                             892          

      (1)  CREDIT TO THE ACCOUNT OF THE MEMBER IN THE DEFINED      894          

CONTRIBUTION FUND THE ACCUMULATED CONTRIBUTIONS STANDING TO THE    895          

MEMBER'S CREDIT IN THE EMPLOYEES' SAVINGS FUND;                    896          

      (2)  CANCEL ALL SERVICE CREDIT AND ELIGIBILITY FOR ANY       898          

PAYMENT, BENEFIT, OR RIGHT UNDER THE PLAN DESCRIBED IN SECTIONS    899          

3309.18 TO 3309.70 OF THE REVISED CODE.                            900          

      (D)  AN ELECTION UNDER THIS SECTION SHALL BE IRREVOCABLE ON  903          

RECEIPT BY THE SYSTEM.                                             904          

                                                          21     


                                                                 
      Sec. 3309.253.  A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT  906          

SYSTEM WHO ELECTS TO PARTICIPATE IN A PLAN ESTABLISHED UNDER       907          

SECTION 3309.81 OF THE REVISED CODE SHALL BE INELIGIBLE FOR ANY    909          

BENEFIT OR PAYMENT UNDER SECTIONS 3309.18 TO 3309.70 OF THE        910          

REVISED CODE AND SHALL BE FOREVER BARRED FROM CLAIMING OR          912          

PURCHASING SERVICE CREDIT WITH ANY STATE RETIREMENT SYSTEM, AS     913          

DEFINED IN SECTION 145.30 OF THE REVISED CODE, FOR SERVICE         914          

COVERED BY THE ELECTION.                                           915          

      Sec. 3309.341.  (A)  As used in this section:                924          

      (1)  "SERS retirant" means any person who is receiving a     926          

retirement allowance from the school employees retirement system   927          

under section 3309.36, 3309.38, or 3309.381 of the Revised Code    928          

OR ANY BENEFIT PAID UNDER A PLAN ESTABLISHED UNDER SECTION         929          

3309.81 OF THE REVISED CODE.                                                    

      (2)  "Other system retirant" means a member or former        931          

member of the public employees retirement system, Ohio police and  933          

fire pension fund, state teachers retirement system, state         934          

highway patrol retirement system, or Cincinnati retirement system  935          

who is receiving age and service or commuted age and service       936          

retirement, or a disability benefit from a system of which the     937          

retirant is a member or former member.                                          

      (B)(1)  An SERS retirant or other system retirant may be     939          

employed by a public employer.  If so employed, the SERS retirant  940          

or other system retirant shall contribute to the school employees  941          

retirement system in accordance with section 3309.47 of the        942          

Revised Code, and the employer shall make contributions in         943          

accordance with section 3309.49 of the Revised Code.               944          

      (2)  An employer that employs an SERS retirant or other      946          

system retirant shall notify the retirement board of the           947          

employment not later than the end of the month in which the        948          

employment commences.  On receipt of notice from an employer that  949          

a person who is an other system retirant has been employed, the    950          

school employees retirement system shall notify the state          951          

retirement system of which the other system retirant was a member  952          

                                                          22     


                                                                 
of such employment.                                                953          

      (C)  An SERS retirant or other system retirant who has       955          

received a retirement allowance or disability benefit for less     957          

than two months when employment subject to this section commences  958          

shall forfeit the retirement allowance or disability benefit for   960          

the period that begins on the date the employment commences and    961          

ends on the date that is two months after the date on which the    962          

retirement allowance or disability benefit commenced.  Service     963          

and contributions for that period shall not be included in the     964          

calculation of any benefits payable to the SERS retirant or other  965          

system retirant, and those contributions shall be refunded on      966          

death or termination of the employment.                            967          

      (D)  On receipt of notice from the Ohio police and fire      970          

pension fund, public employees retirement system, or state         972          

teachers retirement system of the re-employment of an SERS         973          

retirant, the school employees retirement system shall not pay,                 

or if paid shall recover, the amount to be forfeited by the SERS   974          

retirant in accordance with section 145.38, 742.26, or 3307.35 of  976          

the Revised Code.                                                               

      (E)(1)  On termination of employment under this section, an  978          

SERS retirant or other system retirant may file an application     979          

with the school employees retirement system for a benefit under    980          

this division, which shall consist of a single life annuity        981          

having a reserve equal to the amount of the retirant's             982          

accumulated contributions for the period of employment and an      984          

equal amount of the employer's contributions, plus interest        985          

credited to the date of retirement at the rate provided in         986          

division (I)(2) of section 3309.01 of the Revised Code.  The SERS  987          

retirant or other system retirant shall elect either to receive    988          

the benefit as a monthly annuity for life or a lump-sum payment    989          

discounted to the present value using the current actuarial        990          

assumption rate of interest, except that if the monthly annuity    991          

would be less than twenty-five dollars per month, the retirant     993          

shall receive a lump-sum payment.                                               

                                                          23     


                                                                 
      (2)  A benefit payable under this division shall commence    995          

on the first day of the month after the latest of the following:   996          

      (a)  The last day for which compensation for employment      998          

subject to this section was paid;                                  999          

      (b)  Attainment by the SERS retirant or other system         1,001        

retirant of age sixty-five;                                        1,002        

      (c)  If the SERS retirant or other system retirant was       1,004        

previously employed under this section and is receiving or         1,005        

previously received a benefit under this division, completion of   1,006        

a period of twelve months since the effective date of that         1,007        

benefit.                                                           1,008        

      (3)  An SERS retirant or other system retirant subject to    1,010        

this section is not a member of the school employees retirement    1,011        

system; does not have any of the rights, privileges, or            1,012        

obligations of membership, except as specified in this section;    1,013        

and is not eligible to receive health, medical, hospital, or       1,014        

surgical benefits under section 3309.69 of the Revised Code for    1,015        

employment subject to this section.  No amount received under      1,016        

this division shall be included in determining an additional       1,017        

benefit under section 3309.374 of the Revised Code or any other    1,018        

post-retirement benefits.                                          1,019        

      (F)(1)  If an SERS retirant or other system retirant dies    1,021        

while employed in employment subject to this section, a lump-sum   1,022        

payment calculated in accordance with division (E)(1) of this      1,023        

section shall be paid to the beneficiary under division (H) of     1,024        

this section.                                                      1,025        

      (2)  If at the time of death an SERS retirant or other       1,027        

system retirant receiving a monthly annuity has received less      1,028        

than the retirant would have received as a lump-sum payment, the   1,031        

difference between the amount received and the amount that would   1,033        

have been received as a lump-sum payment shall be paid to the      1,034        

retirant's beneficiary under division (H) of this section.         1,036        

      (G)  If the disability benefit of an other system retirant   1,038        

employed under this section is terminated, the retirant shall      1,039        

                                                          24     


                                                                 
become a member of the school employees retirement system,         1,041        

effective on the first day of the month next following the         1,042        

termination, with all the rights, privileges, and obligations of   1,043        

membership.  If the retirant, after the termination of the         1,045        

disability benefit, earns two years of service credit under this   1,047        

retirement system or under the public employees retirement         1,048        

system, Ohio police and fire pension fund, state teachers          1,049        

retirement system, or state highway patrol retirement system, the  1,051        

retirant's prior contributions as an other system retirant under   1,053        

this section shall be included in the retirant's total service     1,054        

credit as a school employees retirement system member, and the     1,056        

retirant shall forfeit all rights and benefits of this section.    1,058        

Not more than one year of credit may be given for any period of    1,059        

twelve months.                                                                  

      (H)  An SERS retirant or other system retirant employed      1,061        

under this section may designate one or more persons as            1,062        

beneficiary to receive any benefits payable under this section     1,063        

due to death.  The designation shall be in writing duly executed   1,065        

on a form provided by the school employees retirement board,       1,066        

signed by the SERS retirant or other system retirant, and filed    1,067        

with the board prior to death.  The last designation of a          1,068        

beneficiary revokes all previous designations.  The SERS                        

retirant's or other system retirant's marriage, divorce, marriage  1,069        

dissolution, legal separation, withdrawal of account, birth of     1,070        

the retirant's child, or adoption of a child revokes all previous  1,072        

designations.  If there is no designated beneficiary, the          1,073        

beneficiary is the beneficiary designated under division (D) of    1,074        

section 3309.44 of the Revised Code.  If any benefit payable       1,075        

under this section due to the death of an SERS retirant or other   1,076        

system retirant is not claimed by a beneficiary within five years  1,077        

after the death, the amount payable shall be transferred to the    1,078        

guarantee fund and thereafter paid to the beneficiary or the       1,079        

estate of the SERS retirant or other system retirant on            1,080        

application to the board.                                          1,081        

                                                          25     


                                                                 
      (I)  This section does not affect the receipt of benefits    1,083        

by or eligibility for benefits of any person who on August 29,     1,084        

1976, was receiving a disability benefit or service retirement     1,085        

pension or allowance from a state or municipal retirement system   1,086        

in Ohio and was a member of any other state or municipal           1,087        

retirement system of this state.                                   1,088        

      (J)  The school employees retirement board may adopt rules   1,090        

to carry out this section.                                         1,091        

      Sec. 3309.36.  (A)  A member retiring on service retirement  1,101        

shall be granted a retirement allowance consisting of the lesser   1,102        

of the sum of the following amounts or the limit established by    1,103        

section 415 of the "Internal Revenue Code of 1986," 100 Stat.      1,104        

2085, 26 U.S.C.A. 415, as amended:                                 1,105        

      (1)  An annuity having a reserve equal to the amount of the  1,107        

employee's accumulated contributions at that time;                 1,108        

      (2)  A pension of equivalent amount;                         1,110        

      (3)  An additional pension of forty dollars multiplied by    1,112        

the number of years of such prior service credit;                  1,113        

      (4)  For members who have ten or more years of service       1,115        

credit accumulated prior to October 1, 1956, a basic annual        1,116        

pension equal to one hundred eighty dollars, except that such      1,117        

basic annual pension shall not exceed the sum of the total annual  1,118        

benefits provided by divisions (A)(1), (2), and (3) of this        1,120        

section.                                                                        

      (B)(1)  When a member retires on service retirement, the     1,122        

member's allowance when computed as an annual single lifetime      1,124        

allowance as provided in divisions (A)(1), (2), (3), and (4) of    1,126        

this section and section 3309.38 of the Revised Code, based upon   1,127        

attained age sixty-five or thirty years of total service credit,   1,128        

shall be not less than the greater of the amounts determined by    1,130        

multiplying the member's total service credit by the following:    1,132        

      (a)  Eighty-six dollars;                                     1,134        

      (b)  Two and one-tenth TWO-TENTHS per cent of the member's   1,137        

final average salary for each of the first thirty years of         1,138        

                                                          26     


                                                                 
service credit or fraction thereof plus two and one-half per cent  1,139        

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

service credit or fraction thereof.                                1,140        

      (2)  The annual single lifetime allowance determined under   1,144        

division (B)(1) of this section shall be adjusted by the greater   1,145        

percentage shown in the following schedule opposite the member's   1,147        

attained age or years of Ohio service credit:                      1,148        

                            Years of                Per Cent       1,150        

    Attained     or       Ohio Service                 of          1,152        

       Age                   Credit                Base Amount     1,153        

       58                      25                      75%         1,156        

       59                      26                      80          1,159        

       60                      27                      85          1,162        

       61                                              88          1,165        

                               28                      90          1,168        

       62                                              91          1,171        

       63                                              94          1,174        

                               29                      95          1,177        

       64                                              97          1,180        

       65                  30 or more                 100          1,183        

Members shall vest the right to a benefit in accordance with the   1,186        

following schedule, based on the member's attained age by          1,187        

September 1, 1976:                                                 1,188        

                                              Per Cent             1,190        

           Attained                              of                1,191        

             Age                            Base Amount            1,192        

              66                                102                1,193        

              67                                104                1,194        

              68                                106                1,195        

              69                                108                1,196        

          70 or more                            110                1,197        

      (3)  The annual single lifetime allowance which a retirant   1,199        

shall receive under this division shall not exceed the lesser of   1,200        

ninety ONE HUNDRED per cent of the member's final average salary   1,201        

                                                          27     


                                                                 
or the limit established by section 415 of the "Internal Revenue   1,204        

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.        1,205        

      (C)  Retirement allowances determined under this section     1,207        

shall be paid as provided in section 3309.46 of the Revised Code.  1,208        

      Sec. 3309.374.  (A)  Beginning April 1, 1971, and each year  1,217        

thereafter, the board of the school employees retirement system    1,218        

shall determine the average percentage change in the consumer      1,219        

price index prepared by the United States bureau of labor          1,220        

statistics (U.S. City Average for Urban Wage Earners and Clerical  1,221        

Workers:  "All Items 1982-84=100") for the twelve-calendar-month   1,222        

period prior to the first day of January over the next preceding   1,224        

twelve-calendar-month period, as reported by the bureau.           1,225        

      Upon a determination by the board in any year that the       1,227        

change in the consumer price index is an increase or that the      1,229        

change plus the accumulation described in division (B) of this     1,230        

section is an increase, the board shall increase each allowance,   1,231        

pension, or benefit payable under this chapter by a percentage                  

equal to the percentage increase in the consumer price index or    1,232        

to that increase plus the accumulation, except that the increase   1,233        

shall not exceed three per cent and no allowance, pension, or      1,234        

benefit shall exceed the limit established by section 415 of the   1,235        

"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,  1,236        

as amended.                                                        1,237        

      The first increase is payable to all persons becoming        1,239        

eligible after June 30, 1971, upon such persons receiving an       1,240        

allowance, pension, or benefit for twelve months.                  1,241        

      The increased amount is payable for the ensuing              1,243        

twelve-month period or until the next increase is granted under    1,244        

this section, whichever is later.  Subsequent increases shall be   1,245        

determined from the date of the first increase paid to the former  1,246        

member in the case of an allowance being paid a beneficiary under  1,247        

an option, or from the date of the first increase to the survivor  1,248        

first receiving an allowance or benefit in the case of an          1,249        

allowance or benefit being paid to the subsequent survivors of     1,250        

                                                          28     


                                                                 
the former member.                                                 1,251        

      The date of the first increase under this section becomes    1,254        

the anniversary date for any future increases.                                  

      The allowance or benefit used in the first calculation of    1,256        

an increase under this section shall remain as the base for all    1,257        

future increases, unless a new base is established.  ANY INCREASE  1,258        

RESULTING FROM PAYMENT OF A RECALCULATED BENEFIT UNDER SECTION 3   1,259        

OF SUBSTITUTE SENATE BILL NO. 270 OF THE 123rd GENERAL ASSEMBLY    1,262        

SHALL BE INCLUDED IN THE CALCULATION OF FUTURE INCREASES UNDER     1,263        

THIS SECTION.                                                                   

      (B)  Any percentage of change in the consumer price index    1,265        

in any year that is in excess of three per cent shall be           1,266        

accumulated and used to determine increases under this section in  1,267        

subsequent years.  Any percentage of change in the consumer price  1,268        

index accumulated by an eligible person prior to the effective     1,269        

date of this amendment SEPTEMBER 27, 1996, shall be used in        1,270        

determining any future increases under this section.               1,271        

      (C)  The board shall make all rules necessary to carry out   1,273        

this section.                                                      1,274        

      Sec. 3309.381.  (A)  A recipient of a disability allowance   1,283        

under section 3309.401 of the Revised Code who is subject to       1,284        

division (C)(3) of that section may make application for service   1,285        

retirement under this section.  Retirement shall be effective on   1,286        

the first day of the first month following the last day for which  1,287        

the disability allowance is paid.                                  1,288        

      (B)  The annual allowance payable under this section shall   1,290        

consist of the sum of the amounts determined under divisions       1,291        

(B)(1) and (2) of this section:                                    1,292        

      (1)  The greater of the following:                           1,294        

      (a)  An allowance calculated as provided in section 3309.36  1,296        

of the Revised Code, excluding any period during which the         1,297        

applicant received a disability benefit under section 3309.401 of  1,298        

the Revised Code;                                                  1,299        

      (b)  An allowance calculated by multiplying the applicant's  1,301        

                                                          29     


                                                                 
total service credit, including service credit for the last        1,302        

continuous period during which he THE APPLICANT received a         1,303        

disability benefit under section 3309.401 of the Revised Code, by  1,305        

two and one-tenth TWO-TENTHS per cent of his THE APPLICANT'S       1,307        

final average salary, except that the allowance shall not exceed   1,309        

forty-five per cent of the applicant's final average salary.       1,310        

      (2)  An amount equal to the additional allowance the         1,312        

recipient would receive under section 3309.374 of the Revised      1,313        

Code, plus any other additional amount he THE RECIPIENT would      1,314        

receive under this chapter, had he THE RECIPIENT retired under     1,316        

section 3309.36 of the Revised Code effective on the effective     1,318        

date of his THE RECIPIENT'S most recent continuous period of       1,320        

receipt of a disability benefit under section 3309.401 of the      1,321        

Revised Code.                                                                   

      (C)  The allowance calculated under division (B) of this     1,323        

section, exclusive of any amount added under division (B)(2) of    1,324        

this section based on section 3309.374 of the Revised Code, shall  1,325        

be the base for all future additional allowances under section     1,326        

3309.374 of the Revised Code.                                      1,327        

      The anniversary date for future additional allowances under  1,329        

section 3309.374 of the Revised Code shall be the effective date   1,330        

of the recipient's most recent continuous period of receipt of a   1,331        

disability benefit under section 3309.401 of the Revised Code.     1,332        

      (D)  The retirement allowance determined under this section  1,334        

shall be paid as provided in section 3309.46 of the Revised Code.  1,335        

      Sec. 3309.40.  A member who has elected disability coverage  1,344        

under this section, has not attained age sixty, and is determined  1,345        

by the school employees retirement board under section 3309.39 of  1,346        

the Revised Code to qualify for a disability beenfit BENEFIT       1,347        

shall be retired on disability under this section.                 1,349        

      Upon disability retirement, a member shall receive an        1,351        

annual amount that shall consist of:                               1,352        

      (A)  An annuity having a reserve equal to the amount of the  1,354        

member's accumulated contributions;                                1,355        

                                                          30     


                                                                 
      (B)  A pension that shall be the difference between his THE  1,357        

MEMBER'S annuity and an annual amount determined by multiplying    1,359        

the total service credit of such member, and in addition thereto,  1,360        

the number of years and fractions thereof between the effective    1,361        

date of his THE MEMBER'S disability retirement and attained age    1,362        

sixty, assuming continuous service, by eighty-six dollars, or by   1,364        

two and one-tenth TWO-TENTHS per cent of his THE MEMBER'S final    1,366        

average salary, whichever is greater.                              1,368        

      Where the member is not receiving a disability benefit       1,370        

under section 3309.35 of the Revised Code and is receiving a       1,371        

disability benefit from either the public employees retirement     1,372        

system or the state teachers retirement system, then such member   1,373        

shall not be eligible for service credit based upon the number of  1,374        

years and fractions thereof between the effective date of          1,375        

disability and attained age sixty as provided for in this          1,376        

division.                                                          1,377        

      Such disability retirement shall not be less than thirty     1,379        

per cent nor more than seventy-five per cent of the member's       1,380        

final average salary, except that it shall not exceed any limit    1,381        

to which the retirement system is subject under section 415 of     1,382        

the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.   1,383        

415, as amended.                                                   1,384        

      The school employees retirement board is the final           1,386        

authority in determining the eligibility of a member for such      1,387        

form of retirement.                                                1,388        

      Sec. 3309.401.  (A)  A member with disability coverage       1,397        

under this section who is determined by the school employees       1,398        

retirement board under section 3309.39 of the Revised Code to      1,399        

qualify for a disability benefit shall receive a disability        1,400        

allowance under this section.  The allowance shall be an annual    1,401        

amount equal to the greater of the following:                      1,402        

      (1)  Forty-five per cent of the member's final average       1,404        

salary;                                                            1,405        

      (2)  The member's total service credit multiplied by two     1,407        

                                                          31     


                                                                 
and one-tenth TWO-TENTHS per cent of his THE MEMBER'S final        1,409        

average salary, not exceeding sixty per cent of his THE MEMBER'S   1,411        

final average salary.                                                           

      (B)  Sufficient reserves for payment of the disability       1,413        

allowance shall be transferred to the annuity and pension reserve  1,414        

fund from the employers' accumulation fund.  The accumulated       1,415        

contributions of the member shall remain in the employees'         1,416        

savings fund.  No part of the allowance paid under this section    1,417        

shall be charged against the member's accumulated contributions.   1,418        

      (C)  A disability allowance paid under this section shall    1,420        

terminate at the earliest of the following:                        1,421        

      (1)  The effective date of service retirement under section  1,423        

3309.35, 3309.36, or 3309.38 of the Revised Code;                  1,424        

      (2)  The date the allowance is terminated under section      1,426        

3309.41 of the Revised Code;                                       1,427        

      (3)  The later of the last day of the month in which the     1,429        

recipient attains age sixty-five, or the last day of the month in  1,430        

which the benefit period ends as follows:                          1,431        

      Attained Age at Effective Date                               1,433        

         of Disability Allowance          Benefit Period           1,435        

              60 or 61                       60 months             1,437        

              62 or 63                       48 months             1,438        

              64 or 65                       36 months             1,439        

              66, 67, or 68                  24 months             1,440        

              69 or older                    12 months             1,441        

      Sec. 3309.45.  Except as provided in division (C)(1) of      1,451        

this section, in lieu of accepting the payment of the accumulated  1,453        

account of a member who dies before service retirement, the        1,454        

beneficiary, as determined in section 3309.44 of the Revised       1,455        

Code, may elect to forfeit the accumulated account and to          1,456        

substitute certain other benefits either under division (A) or     1,457        

(B) of this section.                                                            

      (A)  If a deceased member was eligible for a service         1,459        

retirement allowance as provided in section 3309.36, 3309.38, or   1,460        

                                                          32     


                                                                 
3309.381 of the Revised Code, a surviving spouse or other sole     1,461        

dependent beneficiary may elect to receive a monthly benefit       1,463        

computed as the joint-survivor allowance designated as "plan D"    1,464        

in section 3309.46 of the Revised Code, which the member would     1,465        

have received had the member retired on the last day of the month  1,466        

of death and had the member at that time selected such             1,467        

joint-survivor plan.  Payment shall begin with the month           1,468        

subsequent to the member's death.                                  1,469        

      (B)  If the deceased member had completed at least one and   1,471        

one-half years of credit for Ohio service, with at least           1,472        

one-quarter year of Ohio contributing service credit within the    1,473        

two and one-half years prior to the date of death, or was          1,474        

receiving at the time of death a disability benefit as provided    1,475        

in section 3309.40 or 3309.401 of the Revised Code, qualified      1,476        

survivors may WHO elect to receive monthly benefits, SHALL         1,478        

RECEIVE THE GREATER OF THE BENEFITS provided in divisions          1,479        

DIVISION (B)(1) and (5)(a) OR (b) AS ALLOCATED IN ACCORDANCE WITH  1,480        

DIVISION (B)(6) of this section.                                   1,481        

    (1)(a)  Number                                                 1,483        

    of Qualified                                                   1,484        

                                                       Or          1,485        

    survivors      Annual Benefit as a Per       Monthly Benefit   1,487        

    affecting        Cent of Decedent's           shall not be     1,490        

                            Final                                               

    the benefit        Average Salary               less than      1,493        

         1                   25%                      $ 96         1,496        

         2                   40                        186         1,497        

         3                   50                        236         1,498        

         4                   55                        236         1,499        

         5 or more           60                        236         1,500        

    (b)  YEARS OF SERVICE             ANNUAL BENEFIT AS A PER      1,504        

                                              CENT OF              1,505        

                                   MEMBER'S FINAL AVERAGE SALARY   1,506        

              20                                29%                1,509        

                                                          33     


                                                                 
              21                                 33                1,510        

              22                                 37                1,511        

              23                                 41                1,512        

              24                                 45                1,513        

              25                                 48                1,514        

              26                                 51                1,515        

              27                                 54                1,516        

              28                                 57                1,517        

          29 OR MORE                             60                1,520        

      (2)  THE FINAL AVERAGE SALARY USED IN THE CALCULATION OF A   1,523        

BENEFIT PAYABLE PURSUANT TO THIS DIVISION TO A QUALIFIED SURVIVOR  1,524        

OF A DISABILITY BENEFIT RECIPIENT SHALL BE ADJUSTED FOR EACH YEAR  1,525        

BETWEEN THE DISABILITY BENEFIT'S EFFECTIVE DATE AND THE            1,526        

RECIPIENT'S DATE OF DEATH BY THE LESSER OF THREE PER CENT OR THE   1,527        

ACTUAL AVERAGE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX     1,528        

PREPARED BY THE UNITED STATES BUREAU OF LABOR STATISTICS (U.S.     1,532        

CITY AVERAGE FOR URBAN WAGE EARNERS AND CLERICAL WORKERS: "ALL     1,535        

ITEMS 1982-84=100").                                               1,536        

      (3)  Benefits shall begin as qualified survivors meet        1,539        

eligibility requirements as follows:                               1,540        

      (a)  A qualified spouse is the surviving spouse of the       1,542        

deceased member who is age sixty-two, or REGARDLESS OF age fifty   1,545        

if the deceased member had ten or more years of Ohio service       1,546        

credit, or regardless of age if caring for a surviving child, or   1,548        

regardless of age if adjudged physically or mentally incompetent.  1,549        

      (b)  A qualified child is any unmarried child of the         1,553        

deceased member WHO HAS NEVER BEEN MARRIED AND TO WHOM ONE OF THE  1,554        

FOLLOWING APPLIES:                                                 1,555        

      (i)  IS under age eighteen, or under age twenty-two if the   1,558        

child is attending an institution of learning or training                       

pursuant to a program designed to complete in each school year     1,559        

the equivalent of at least two-thirds of the full-time curriculum  1,560        

requirements of such institution and as further determined by      1,561        

board policy, or regardless;                                       1,562        

                                                          34     


                                                                 
      (ii)  REGARDLESS of age if, IS adjudged physically or        1,565        

mentally incompetent IF THE INCOMPETENCE EXISTED PRIOR TO THE      1,567        

MEMBER'S DEATH AND PRIOR TO THE CHILD ATTAINING AGE EIGHTEEN, OR   1,568        

AGE TWENTY-TWO IF ATTENDING AN INSTITUTION DESCRIBED IN DIVISION   1,569        

(B)(2)(b)(i) OF THIS SECTION.                                      1,570        

      (c)  A qualified parent is a dependent parent aged           1,572        

sixty-five or older.                                               1,573        

      (3)(4)  "Physically or mentally incompetent" as used in      1,575        

this section may be determined by a court of jurisdiction, or by   1,576        

a physician appointed by the retirement board.  Incapability of    1,577        

earning a living because of a physically or mentally disabling     1,578        

condition shall meet the qualifications of this division.          1,579        

      (4)(5)  Benefits to a qualified survivor shall terminate     1,581        

upon a first marriage, abandonment, adoption, or during active     1,584        

military service.  Benefits to a deceased member's surviving       1,586        

spouse that were terminated under a former version of this         1,587        

section that required termination due to remarriage and were not   1,588        

resumed prior to the effective date of this amendment shall        1,589        

resume on the first day of the month immediately following                      

receipt by the board of an application on a form provided by the   1,590        

board.                                                                          

      Upon the death of any subsequent spouse who was a member of  1,593        

the public employees retirement system, state teachers retirement  1,594        

system, or school employees retirement system, the surviving       1,595        

spouse of such member may elect to continue receiving benefits     1,596        

under this division, or to receive survivor's benefits, based      1,597        

upon the subsequent spouse's membership in one or more of the      1,598        

systems, for which such surviving spouse is eligible under this    1,599        

section or section 145.45 or 3307.66 of the Revised Code.  If the  1,601        

surviving spouse elects to continue receiving benefits under this  1,602        

division, such election shall not preclude the payment of          1,603        

benefits under this division to any other qualified survivor.      1,604        

      Benefits shall begin or resume on the first day of the       1,606        

month following the attainment of eligibility and shall terminate  1,607        

                                                          35     


                                                                 
on the first day of the month following loss of eligibility.       1,608        

      (5)  Benefits (6)(a)  IF A BENEFIT IS PAYABLE UNDER          1,610        

DIVISION (B)(1)(a) OF THIS SECTION, BENEFITS to a qualified        1,612        

spouse shall be paid in the amount determined for the first        1,613        

qualifying survivor in division (B)(1)(a) of this section, but     1,615        

shall not be less than one hundred six dollars per month if the    1,616        

deceased member had ten or more years of Ohio service credit.      1,617        

All other qualifying survivors shall share equally in the benefit  1,619        

or remaining portion thereof.                                                   

      (6)(b)  ALL QUALIFYING SURVIVORS SHALL SHARE EQUALLY IN A    1,622        

BENEFIT PAYABLE UNDER DIVISION (B)(1)(b) OF THIS SECTION, EXCEPT   1,624        

THAT IF THERE IS A SURVIVING SPOUSE THE SURVIVING SPOUSE SHALL                  

RECEIVE NO LESS THAN THE GREATER OF THE AMOUNT DETERMINED FOR THE  1,625        

FIRST QUALIFYING SURVIVOR IN DIVISION (B)(1)(a) OF THIS SECTION    1,627        

OR ONE HUNDRED SIX DOLLARS PER MONTH.                              1,629        

      (7)  The beneficiary of a member who is also a member of     1,631        

the public employees retirement system, or of the state teachers   1,632        

retirement system, must forfeit the member's accumulated           1,633        

contributions in those systems, if the beneficiary takes a         1,636        

survivor benefit.  Such benefit shall be exclusively governed by   1,637        

section 3309.35 of the Revised Code.                               1,638        

      (C)(1)  Regardless of whether the member is survived by a    1,642        

spouse or designated beneficiary, if the school employees                       

retirement system receives notice that a deceased member           1,643        

described in division (A) or (B) of this section has one or more   1,645        

qualified children, all persons who are qualified survivors under  1,646        

Division (B) of this section shall receive monthly benefits as     1,649        

provided in division (B) of this section.                          1,650        

      If, after determining the monthly benefits to be paid under  1,652        

division (B) of this section, the system receives notice that      1,653        

there is a qualified survivor who was not considered when the      1,654        

determination was made, the system shall, notwithstanding section  1,655        

3309.661 of the Revised Code, recalculate the monthly benefits     1,656        

with that qualified survivor included, even if the benefits to     1,657        

                                                          36     


                                                                 
qualified survivors already receiving benefits are reduced as a    1,658        

result.  The benefits shall be calculated as if the qualified      1,659        

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

date the notice was received and shall be paid to qualified        1,660        

survivors effective on the first day of the first month following  1,661        

the system's receipt of the notice.                                1,662        

      If the retirement system did not receive notice that a       1,664        

deceased member has one or more qualified children prior to        1,666        

making payment under section 3309.44 of the Revised Code to a      1,669        

beneficiary as determined by the retirement system, the payment    1,670        

is a full discharge and release of the system from any future      1,671        

claims under this section or section 3309.44 of the Revised Code.  1,672        

      (2)  If benefits under division (C)(1) of this section to    1,675        

all persons, or to all persons other than a surviving spouse or    1,677        

other sole beneficiary, terminate, there are no children under                  

the age of twenty-two years, and the surviving spouse or           1,678        

beneficiary qualifies for benefits under division (A) of this      1,680        

section, the surviving spouse or beneficiary may elect to receive  1,681        

benefits under division (A) of this section.  Benefits shall be    1,682        

effective on the first day of the month following receipt by the   1,684        

board of an application for benefits under division (A) of this    1,685        

section.                                                           1,686        

      (D)  If the survivor benefits due and paid under this        1,688        

section are in a total amount less than the member's accumulated   1,689        

account that was transferred from the employees' savings fund,     1,690        

the state teachers retirement fund, and the public employees       1,691        

retirement fund to the survivors' benefit fund, then the           1,692        

difference between the total amount of the benefits paid shall be  1,693        

paid to the beneficiary under section 3309.44 of the Revised       1,694        

Code.                                                              1,695        

      Sec. 3309.47.  Each school employees retirement system       1,704        

contributor shall contribute eight per cent of his THE             1,705        

CONTRIBUTOR'S compensation to the employees' savings fund, except  1,707        

that the school employees retirement board may raise the           1,708        

                                                          37     


                                                                 
contribution rate to a rate not greater than ten per cent of       1,709        

compensation.                                                                   

      The contributions by the direction of the school employees   1,711        

retirement board shall be deducted by the employer from the        1,712        

compensation of each contributor on each payroll of such           1,713        

contributor for each payroll period and shall be an amount equal   1,714        

to the required per cent of such contributor's compensation.  ON   1,716        

A FINDING BY THE BOARD THAT AN EMPLOYER HAS FAILED OR REFUSED TO   1,717        

DEDUCT CONTRIBUTIONS FOR ANY EMPLOYEE DURING ANY YEAR AND TO                    

TRANSMIT SUCH AMOUNTS TO THE RETIREMENT SYSTEM, THE RETIREMENT     1,718        

BOARD MAY MAKE A DETERMINATION OF THE AMOUNT OF THE DELINQUENT     1,719        

CONTRIBUTIONS, INCLUDING INTEREST AT A RATE SET BY THE RETIREMENT  1,720        

BOARD, FROM THE END OF EACH YEAR, AND CERTIFY TO THE EMPLOYER THE  1,721        

AMOUNTS FOR COLLECTION.  IF THE AMOUNT IS NOT PAID BY THE          1,722        

EMPLOYER, IT MAY BE CERTIFIED FOR COLLECTION IN THE SAME MANNER    1,723        

AS PAYMENTS DUE THE EMPLOYERS' TRUST FUND.  ANY AMOUNTS SO         1,724        

COLLECTED SHALL BE HELD IN TRUST PENDING RECEIPT OF A REPORT OF    1,725        

CONTRIBUTIONS FOR THE EMPLOYEE FOR THE PERIOD INVOLVED AS          1,726        

PROVIDED BY LAW AND, THEREAFTER, THE AMOUNT IN TRUST SHALL BE      1,727        

TRANSFERRED TO THE EMPLOYEE'S SAVINGS FUND TO THE CREDIT OF THE    1,728        

EMPLOYEE.  ANY AMOUNT REMAINING AFTER THE TRANSFER TO THE          1,729        

EMPLOYEES' SAVINGS FUND SHALL BE TRANSFERRED TO THE EMPLOYERS'     1,730        

TRUST FUND AS A CREDIT OF THE EMPLOYER.                            1,731        

      Any contributor under contract who, because of illness,      1,733        

accident, or other reason approved by the employer, is prevented   1,734        

from making his THE CONTRIBUTOR'S contribution to the system for   1,735        

any payroll period, may, upon returning to contributing service,   1,737        

have such deductions made from other payrolls during the year, or  1,738        

may pay such amount to the employer and the employer shall         1,739        

transmit such deductions to the system.  The deductions shall be   1,740        

made notwithstanding that the minimum compensation for any         1,741        

contributor shall be reduced thereby.  Every contributor shall be  1,742        

deemed to consent and agree to the contributions made and          1,743        

provided for in this section and shall receipt in full for his     1,744        

                                                          38     


                                                                 
THE CONTRIBUTOR'S salary or compensation, and payment, less the    1,746        

contributions, is a full and complete discharge and acquittance    1,747        

of all claims and demands whatsoever for the services rendered by  1,748        

the person during the period covered by the payment.               1,749        

      Each contributor shall pay with the first payment to the     1,751        

employees' savings fund each year a sum to be determined by the    1,752        

board, as provided by law, which amount shall be credited to the   1,753        

expense fund.  The payments for the expense fund shall be made to  1,754        

the board in the same way as payments to the employees' savings    1,755        

fund are made.                                                     1,756        

      Additional deposits may be made to a member's account.  At   1,758        

retirement, the amount deposited with interest may be used to      1,759        

provide additional annuity income.  The additional deposits may    1,760        

be refunded to the member before retirement, and shall be          1,761        

refunded if the member withdraws his THE MEMBER'S refundable       1,762        

amount.  The deposits may be refunded to the beneficiary or        1,764        

estate if the member dies before retirement, and the board shall   1,765        

determine whether regular interest shall be credited to deposits   1,766        

thus refunded.                                                     1,767        

      Sec. 3309.49.  Each employer shall pay annually to the       1,776        

employers' trust fund SCHOOL EMPLOYEES RETIREMENT SYSTEM an        1,777        

amount certified by the secretary that shall be a certain per      1,779        

cent of the earnable compensation of all employees, and shall be   1,780        

known as the "employer contribution." The rate per cent of such    1,781        

contribution shall be fixed by the actuary on the basis of his     1,782        

THE ACTUARY'S evaluation of the liabilities of the school          1,784        

employees retirement system, but shall not exceed fourteen per     1,785        

cent, and shall be approved by the school employees retirement     1,786        

board.  The school employees retirement board may raise the rate   1,787        

per cent of the contribution to fourteen per cent of the earnable  1,788        

compensation of all employees.  In making such evaluation, the     1,789        

actuary shall use, as the actuarial assumptions, regular interest  1,790        

and such mortality and other tables as are adopted by the school   1,791        

employees retirement board.  He THE ACTUARY shall compute the      1,793        

                                                          39     


                                                                 
percentage of such earnable compensation, to be known as the       1,794        

"employer rate," required annually to fund the liability for all   1,795        

allowances, annuities, pensions and other benefits, and any        1,796        

deficiencies in the various funds, provided for in this chapter,   1,797        

after deducting therefrom the annuity and other benefits provided  1,798        

by the contributor's accumulated contributions and deposits or     1,799        

other applicable moneys.                                                        

      Sec. 3309.53.  Each employer, before employing any employee  1,808        

to whom sections 3309.01 to 3309.68, inclusive, of the Revised     1,810        

Code, THIS CHAPTER may apply, shall give such person a written     1,812        

statement of his THE PERSON'S duties and obligations under such    1,813        

sections as a condition of his employment, which statement shall   1,814        

be prepared and supplied to each employer by the school employees  1,815        

retirement board.                                                               

      Any such appointment or reappointment of any employee, or    1,817        

service upon indefinite tenure, shall be conditioned upon the      1,818        

employee's acceptance of such sections as a part of the contract.  1,819        

      Sec. 3309.54.  During September of each year, or at such     1,828        

other time as the school employees retirement board approves,      1,829        

each employer shall certify to the board the names of all          1,830        

employees to whom sections 3309.01 to 3309.68, inclusive, of the   1,831        

Revised Code, apply THIS CHAPTER APPLIES.                                       

      Sec. 3309.55.  Each employer shall on the first day of each  1,840        

calendar month, or at such less frequent intervals as the school   1,841        

employees retirement board approves, notify the board of the       1,842        

employment of new employees, removals, withdrawals, and changes    1,843        

in compensation of employees that have occurred during the month   1,844        

preceding or the period since the period covered by the last                    

notification.  At least once a year each employer shall submit to  1,845        

the board a complete listing of all employees not contributing to  1,846        

the school employees retirement system.  EACH EMPLOYER SHALL KEEP  1,848        

SUCH RECORDS AND SHALL FURNISH SUCH INFORMATION AND ASSISTANCE TO  1,849        

THE SCHOOL EMPLOYEES RETIREMENT BOARD AS IT REQUIRES IN THE        1,850        

DISCHARGE OF ITS DUTIES.                                                        

                                                          40     


                                                                 
      Sec. 3309.57.  The treasurer of each employer on receipt     1,859        

from the employer of the voucher for deductions from the           1,860        

compensation of employees and for the contributions of the         1,861        

employer shall transmit monthly or at such times as the school     1,862        

employees retirement board designates the amounts specified in                  

such voucher to the secretary of the board.  The secretary of the  1,863        

board after making a record of all such receipts shall pay them    1,864        

to the treasurer of state for use according to sections 3309.01    1,865        

to 3309.68 of the Revised Code THIS CHAPTER.                       1,866        

      Sec. 3309.59.  Employers who obtain funds directly by        1,875        

taxation shall levy annually such additional taxes as are          1,876        

required to provide the additional funds necessary to meet the     1,877        

financial requirements imposed upon them by sections 3309.01 to    1,878        

3309.68, inclusive, of the Revised Code, THIS CHAPTER and said     1,879        

tax shall be placed before and in preference to all other items    1,880        

except for sinking fund or interest purposes.                      1,881        

      Sec. 3309.60.  The school employees retirement board shall   1,890        

be the trustee of certain funds hereby created as follows:         1,891        

      (A)  The "employees' savings fund" is the fund in which      1,893        

shall be accumulated the contributions deducted from the           1,894        

compensation of contributors as provided by section 3309.47 of     1,895        

the Revised Code, together with the interest credited thereon.     1,896        

Such accumulated contributions refunded upon withdrawal or         1,897        

payable to a beneficiary as provided in this chapter, shall be     1,898        

paid from this fund.  Any accumulated contributions forfeited by   1,899        

the failure of a contributor or a beneficiary to claim the same    1,900        

shall be transferred from this fund to the guarantee fund.  The    1,901        

accumulated contributions of a contributor shall be transferred    1,902        

at his retirement from the employee's savings fund to the annuity  1,903        

and pension reserve fund.  The accumulated contributions of a      1,904        

member who dies prior to service retirement and which are          1,905        

forfeited by the qualified beneficiary in exchange for monthly     1,906        

survivor benefits, as provided by section 3309.45 of the Revised   1,907        

Code, shall be transferred to the survivors' benefit fund.  The    1,908        

                                                          41     


                                                                 
accumulated contributions of an SERS retirant or other system      1,909        

retirant as defined in section 3309.341 of the Revised Code, who   1,910        

dies prior to retirement, shall be transferred to the survivors'   1,911        

benefit fund for payment of a lump sum benefit to a beneficiary    1,912        

as provided in section 3309.341 of the Revised Code.               1,913        

      (B)  The "employers' trust fund" is the fund to which the    1,915        

employer contribution shall be credited and in which shall be      1,916        

accumulated the reserves held in trust for the payment of all      1,917        

pensions, disability benefits, or other benefits provided by this  1,918        

chapter, to contributors retiring or receiving disability          1,919        

benefits in the future or to their qualified beneficiaries, and    1,920        

from which the reserves for such pensions, disability benefits,    1,921        

and other benefits shall be transferred to the annuity and         1,922        

pension reserve fund and to the survivors' benefit fund.  The      1,923        

balances in the employers' accumulation fund shall be transferred  1,924        

to this fund.  As of June 30, 1958, an additional amount shall be  1,925        

transferred from the employers' trust fund to the annuity and      1,926        

pension reserve fund in the amount required to complete the        1,927        

funding of the prior service and military service pensions then    1,928        

payable.                                                           1,929        

      (C)  The "annuity and pension reserve fund" is the fund      1,931        

from which shall be paid all annuities, pensions, and disability   1,932        

benefits for which reserves have been transferred from the         1,933        

employees' savings fund and the employers' trust fund.             1,934        

      (D)  The "survivors' benefit fund" is the fund from which    1,936        

shall be paid the survivors' benefits provided by section 3309.45  1,937        

of the Revised Code, and the lump sum payment to beneficiaries as  1,938        

provided in section 3309.341 of the Revised Code and to which      1,939        

shall be transferred from the employers' trust fund the amount     1,940        

required to fund all liabilities as of the end of each year.       1,941        

      (E)  The "guarantee fund" is the fund from which interest    1,943        

is transferred and credited on the amounts in the funds described  1,944        

in divisions (A), (B), (C), and (D) of this section, and is a      1,945        

contingent fund from which the special requirements of said funds  1,946        

                                                          42     


                                                                 
may be paid by transfer from this fund.  All income derived from   1,947        

the investment of funds by the school employees retirement board   1,948        

as trustees under section 3309.15 of the Revised Code, together    1,949        

with all gifts and bequests, or the income therefrom, shall be     1,950        

paid into this fund.                                               1,951        

      Any deficit occurring in any other fund that will not be     1,953        

covered by payments to that fund, as otherwise provided in this    1,954        

chapter, shall be paid by transfers of amounts from the guarantee  1,955        

fund to such fund or funds.  Should the amount in the guarantee    1,956        

fund be insufficient at any time to meet the amounts payable       1,957        

therefrom TO THE FUNDS DESCRIBED IN DIVISIONS (C) AND (D) OF THIS  1,959        

SECTION, the amount of such deficiency, with regular interest,     1,960        

shall be paid by an additional employer rate of contribution as    1,961        

determined by the actuary, not to exceed fourteen per cent, and    1,962        

shall be approved by the school employees retirement board, and    1,963        

the amount of such additional employer contribution shall be       1,964        

credited to the guarantee fund.                                    1,965        

      The school employees retirement board SYSTEM may accept      1,967        

gifts and bequests.  Any GIFTS, BEQUESTS, OR funds that may come   1,969        

into possession of the school employees retirement board in this   1,971        

manner or that may be transferred from the employees' savings      1,972        

fund by reason of lack of a claimant, or any surplus in any fund   1,973        

created by this section, or any other funds whose disposition is   1,974        

not otherwise provided for, shall be credited to the guarantee     1,975        

fund.                                                                           

      (F)  The "expense fund" is the fund from which shall be      1,977        

paid the expenses for the administration and management of the     1,978        

school employees retirement system as provided by this chapter,    1,979        

and to which shall be credited the fees paid by members as         1,980        

provided by sections 3309.47 and 3309.62 of the Revised Code.      1,981        

      (G)  THE DEFINED CONTRIBUTION FUND IS THE FUND IN WHICH      1,984        

SHALL BE ACCUMULATED THE CONTRIBUTIONS DEDUCTED FROM THE           1,985        

COMPENSATION OF MEMBERS PARTICIPATING IN A PLAN ESTABLISHED UNDER  1,986        

SECTION 3309.81 OF THE REVISED CODE, AS PROVIDED IN SECTION        1,988        

                                                          43     


                                                                 
3309.85 OF THE REVISED CODE, TOGETHER WITH ANY EARNINGS AND        1,989        

EMPLOYER CONTRIBUTIONS, AS PROVIDED IN SECTION 3309.86 OF THE      1,991        

REVISED CODE, CREDITED THEREON.  THE DEFINED CONTRIBUTION FUND IS  1,992        

THE FUND FROM WHICH SHALL BE PAID ALL BENEFITS PROVIDED UNDER A                 

PLAN ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED CODE.        1,993        

      Sec. 3309.61.  Wherever in sections 3309.01 to 3309.68,      2,002        

inclusive, of the Revised Code THIS CHAPTER, reference is made to  2,003        

the employees' savings fund, the employers' trust fund, the        2,006        

annuity and pension reserve fund, the guarantee fund, the                       

survivors' benefit fund, THE DEFINED CONTRIBUTION FUND, or the     2,007        

expense fund, such reference shall be construed to have been made  2,009        

to each as a separate legal entity.  This section does not         2,010        

prevent the deposit or investment of all such moneys intermingled               

for such purpose but such funds shall be separate and distinct     2,011        

legal entities for all other purposes.                             2,012        

      Sec. 3309.66.  The right of a person to a pension, an        2,021        

annuity, or a retirement allowance itself, any optional benefit,   2,022        

any other right accrued or accruing to any persons, under          2,023        

sections 3309.01 to 3309.68 of the Revised Code THIS CHAPTER, or   2,024        

the various funds created by section 3309.60 of the Revised Code   2,025        

and all moneys and investments and income thereof, are exempt      2,027        

from any state tax, except the tax imposed by section 5747.02 of   2,028        

the Revised Code, and are exempt from any county, municipal, or    2,029        

other local tax, except taxes imposed pursuant to section 5748.02  2,030        

or 5748.08 of the Revised Code and, except as provided in          2,031        

sections 3111.23, 3113.21, and 3309.67 of the Revised Code, shall  2,032        

not be subject to execution, garnishment, attachment, the          2,033        

operation of bankruptcy or insolvency laws, or any other process   2,034        

of law whatsoever, and shall be unassignable except as             2,035        

specifically provided in sections 3111.23, 3113.21, and 3309.01                 

to 3309.68 of the Revised Code.                                    2,036        

      Sec. 3309.69.  (A)  As used in this section, "ineligible     2,045        

individual" means all of the following:                            2,046        

      (1)  A former member receiving benefits pursuant to section  2,048        

                                                          44     


                                                                 
3309.34, 3309.35, 3309.36, 3309.38, or 3309.381 of the Revised     2,049        

Code for whom eligibility is established more than five years      2,050        

after June 13, 1981, and who, at the time of establishing          2,051        

eligibility, has accrued less than ten years of service credit,    2,052        

exclusive of credit obtained after January 29, 1981, pursuant to   2,053        

sections 3309.021, 3309.301, 3309.31, and 3309.33 of the Revised   2,054        

Code;                                                              2,055        

      (2)  The spouse of the former member;                        2,057        

      (3)  The beneficiary of the former member receiving          2,059        

benefits pursuant to section 3309.46 of the Revised Code.          2,060        

      (B)  The school employees retirement board may enter into    2,062        

an agreement with insurance companies, health insuring             2,064        

corporations, or government agencies authorized to do business in  2,066        

the state for issuance of a policy or contract of health,          2,067        

medical, hospital, or surgical benefits, or any combination        2,068        

thereof, for those individuals receiving service retirement or a   2,069        

disability or survivor benefit subscribing to the plan and their   2,071        

eligible dependents.                                                            

      If all or any portion of the policy or contract premium is   2,073        

to be paid by any individual receiving service retirement or a     2,075        

disability or survivor benefit, the person shall, by written       2,076        

authorization, instruct the board to deduct the premiums agreed    2,077        

to be paid by the individual to the companies, corporations, or    2,079        

agencies.                                                                       

      The board may contract for coverage on the basis of part or  2,082        

all of the cost of the coverage to be paid from appropriate funds  2,083        

of the school employees retirement system.  The cost paid from     2,084        

the funds of the system shall be included in the employer's        2,086        

contribution rate provided by sections 3309.49 and 3309.491 of     2,087        

the Revised Code.  The board shall not pay or reimburse the cost   2,088        

for health care under this section or section 3309.375 of the      2,089        

Revised Code for any ineligible individual.                        2,090        

      The board may provide for self-insurance of risk or level    2,092        

of risk as set forth in the contract with the companies,           2,093        

                                                          45     


                                                                 
corporations, or agencies, and may provide through the             2,094        

self-insurance method specific benefits as authorized by the       2,095        

rules of the board.                                                2,096        

      (C)  If the board provides health, medical, hospital, or     2,098        

surgical benefits through any means other than a health insuring   2,100        

corporation, it shall offer to each individual eligible for the    2,103        

benefits the alternative of receiving benefits through enrollment  2,105        

in a health insuring corporation, if all of the following apply:   2,107        

      (1)  The health insuring corporation provides health care    2,110        

services in the geographical area in which the individual lives;   2,112        

      (2)  The eligible individual was receiving health care       2,114        

benefits through a health maintenance organization or a health     2,115        

insuring corporation before retirement;                            2,117        

      (3)  The rate and coverage provided by the health insuring   2,120        

corporation to eligible individuals is comparable to that          2,122        

currently provided by the board under division (B) of this         2,123        

section.  If the rate or coverage provided by the health insuring  2,124        

corporation is not comparable to that currently provided by the    2,126        

board under division (B) of this section, the board may deduct     2,127        

the additional cost from the eligible individual's monthly         2,128        

benefit.                                                                        

      The health insuring corporation shall accept as an enrollee  2,132        

any eligible individual who requests enrollment.                                

      The board shall permit each eligible individual to change    2,134        

from one plan to another at least once a year at a time            2,135        

determined by the board.                                           2,136        

      (D)  The board shall, beginning the month following receipt  2,138        

of satisfactory evidence of the payment for coverage, make a       2,139        

monthly payment to each recipient of service retirement, or a      2,140        

disability or survivor benefit under the school employees          2,141        

retirement system who is eligible for insurance coverage under     2,142        

part B of "The Social Security Amendments of 1965," 79 Stat. 301,  2,143        

42 U.S.C.A. 1395j, as amended, except that the board shall make    2,144        

no such payment to any ineligible individual.  Effective on the    2,145        

                                                          46     


                                                                 
first day of the month after December 8, 1998 THE EFFECTIVE DATE   2,147        

OF THIS AMENDMENT, the amount of the payment shall be the lesser   2,149        

of an amount equal to the basic premium for such coverage, or an   2,150        

amount equal to the basic premium in effect on January 1, 1992     2,151        

1999.                                                                           

      (E)  The board shall establish by rule requirements for the  2,153        

coordination of any coverage, payment, or benefit provided under   2,155        

this section or section 3309.375 of the Revised Code with any      2,157        

similar coverage, payment, or benefit made available to the same   2,158        

individual by the public employees retirement system, Ohio police  2,159        

and fire pension fund, state teachers retirement system, or state  2,161        

highway patrol retirement system.                                  2,162        

      (F)  The board shall make all other necessary rules          2,164        

pursuant to the purpose and intent of this section.                2,165        

      Sec. 3309.80.  THE SCHOOL EMPLOYEES RETIREMENT BOARD SHALL   2,167        

ADOPT RULES TO IMPLEMENT EACH PLAN ESTABLISHED UNDER SECTION       2,168        

3309.81 OF THE REVISED CODE.                                       2,169        

      Sec. 3309.81.  THE SCHOOL EMPLOYEES RETIREMENT BOARD SHALL   2,171        

ESTABLISH ONE OR MORE PLANS CONSISTING OF BENEFIT OPTIONS THAT     2,172        

PROVIDE FOR AN INDIVIDUAL ACCOUNT FOR EACH PARTICIPATING MEMBER    2,173        

AND UNDER WHICH BENEFITS ARE BASED SOLELY ON THE AMOUNTS THAT      2,174        

HAVE ACCUMULATED IN THE ACCOUNT.  THE PLANS MAY INCLUDE OPTIONS    2,175        

UNDER WHICH A MEMBER PARTICIPATING IN A PLAN MAY RECEIVE           2,176        

DEFINITELY DETERMINABLE BENEFITS.                                  2,177        

      EACH PLAN ESTABLISHED UNDER THIS SECTION SHALL MEET THE      2,179        

REQUIREMENTS OF SECTIONS 3309.81 TO 3309.98 OF THE REVISED CODE    2,181        

AND ANY RULES ADOPTED IN ACCORDANCE WITH SECTION 3309.80 OF THE    2,182        

REVISED CODE.  IT MAY INCLUDE LIFE INSURANCE, ANNUITIES, VARIABLE  2,183        

ANNUITIES, REGULATED INVESTMENT TRUSTS, POOLED INVESTMENT FUNDS,   2,184        

OR OTHER FORMS OF INVESTMENT.                                      2,185        

      THE BOARD MAY ADMINISTER THE PLANS, ENTER INTO CONTRACTS     2,187        

WITH OTHER ENTITIES TO ADMINISTER THE PLANS, OR BOTH.              2,188        

      Sec. 3309.811.  EACH PLAN ESTABLISHED UNDER SECTION 3309.81  2,190        

OF THE REVISED CODE SHALL QUALIFY AS A GOVERNMENTAL PLAN UNDER     2,191        

                                                          47     


                                                                 
SECTION 414(d) OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT.   2,194        

2085, 26 U.S.C.A. 414(d), AS AMENDED, AND MEET THE REQUIREMENTS    2,195        

OF SECTION 401(a) OF THE "INTERNAL REVENUE CODE OF 1986," 26       2,200        

U.S.C.A. 401(a), AS AMENDED, APPLICABLE TO GOVERNMENTAL PLANS.     2,201        

      Sec. 3309.812.  EACH PLAN ESTABLISHED UNDER SECTION 3309.81  2,203        

OF THE REVISED CODE SHALL MEET THE REQUIREMENTS NECESSARY TO       2,205        

QUALIFY AS A RETIREMENT SYSTEM MAINTAINED BY A STATE OR LOCAL      2,206        

GOVERNMENT ENTITY UNDER SECTION 3121(b)(7)(F) OF THE "INTERNAL     2,208        

REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 3121(b)(7)(F),  2,212        

AS AMENDED.  EACH PARTICIPANT IN A PLAN SHALL QUALIFY AS A MEMBER  2,214        

OF THAT SYSTEM.                                                                 

      Sec. 3309.813.  EACH PLAN ESTABLISHED UNDER SECTION 3309.81  2,216        

OF THE REVISED CODE SHALL REQUIRE THE SCHOOL EMPLOYEES RETIREMENT  2,218        

BOARD, OR THE ENTITY ADMINISTERING THE PLAN PURSUANT TO A          2,219        

CONTRACT WITH THE BOARD, TO CAUSE AN INDIVIDUAL ACCOUNT TO BE      2,220        

MAINTAINED FOR EACH MEMBER PARTICIPATING IN THE PLAN.  A PLAN MAY  2,222        

INCLUDE DEPOSITS TO THE DEFINED CONTRIBUTION FUND CREATED UNDER    2,223        

SECTION 3309.60 OF THE REVISED CODE OR ADDITIONAL DEPOSITS MADE    2,225        

UNDER SECTION 3309.47 OF THE REVISED CODE TO THE EMPLOYEES'        2,227        

SAVINGS FUND.                                                      2,228        

      Sec. 3309.82.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF    2,230        

THIS SECTION, SECTIONS 3309.02, 3309.021, AND 3309.022 AND         2,232        

SECTIONS 3309.18 TO 3309.70 OF THE REVISED CODE DO NOT APPLY TO A  2,235        

PLAN ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED CODE,        2,236        

EXCEPT THAT A PLAN MAY INCORPORATE PROVISIONS OF THOSE SECTIONS    2,237        

AS SPECIFIED IN THE PLAN DOCUMENT.                                 2,238        

      (B)  THE FOLLOWING SECTIONS OF CHAPTER 3309. OF THE REVISED  2,241        

CODE APPLY TO A PLAN ESTABLISHED UNDER SECTION 3309.81 OF THE      2,242        

REVISED CODE:  SECTIONS 3309.19, 3309.21, 3309.22, 3309.23,        2,244        

3309.24, 3309.28, 3309.29, 3309.341, 3309.3712, 3309.47,           2,245        

3309.471, 3309.49, 3309.51, 3309.53, 3309.54, 3309.55, 3309.56,    2,246        

3309.57, 3309.571, 3309.58, 3309.59, 3309.60, 3309.61, 3309.62,    2,247        

3309.66, 3309.661, 3309.67, 3309.68, AND 3309.70 OF THE REVISED    2,249        

CODE.                                                                           

                                                          48     


                                                                 
      Sec. 3309.85.  EACH MEMBER PARTICIPATING IN A PLAN           2,251        

ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED CODE SHALL        2,252        

CONTRIBUTE A PER CENT OF THE MEMBER'S COMPENSATION TO THE SCHOOL   2,254        

EMPLOYEES RETIREMENT SYSTEM AS REQUIRED IN SECTION 3309.47 OF THE  2,255        

REVISED CODE.  CONTRIBUTIONS MADE UNDER THIS SECTION SHALL NOT     2,256        

EXCEED THE LIMITS ESTABLISHED BY SECTION 415 OF THE "INTERNAL      2,257        

REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 415, AS         2,261        

AMENDED.                                                                        

      Sec. 3309.86.  FOR EACH MEMBER PARTICIPATING IN A PLAN       2,263        

ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED CODE, THE         2,264        

EMPLOYER SHALL CONTRIBUTE A PER CENT OF THE MEMBER'S COMPENSATION  2,266        

TO THE SCHOOL EMPLOYEES RETIREMENT SYSTEM AS REQUIRED IN SECTION   2,267        

3309.49 OF THE REVISED CODE.                                       2,268        

      Sec. 3309.87.  EXCEPT AS PROVIDED IN SECTION 3309.88 OF THE  2,270        

REVISED CODE, AMOUNTS CONTRIBUTED UNDER SECTIONS 3309.85 AND       2,271        

3309.86 OF THE REVISED CODE, AND ANY EARNINGS ON THOSE AMOUNTS,    2,272        

SHALL BE DEPOSITED AND CREDITED IN ACCORDANCE WITH THE PLAN        2,274        

ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED CODE THAT IS      2,275        

SELECTED BY THE MEMBER.                                            2,276        

      Sec. 3309.88.  FOR EACH MEMBER PARTICIPATING IN A PLAN       2,278        

ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED CODE, THE SCHOOL  2,279        

EMPLOYEES RETIREMENT SYSTEM SHALL TRANSFER TO THE EMPLOYERS'       2,281        

TRUST FUND A PORTION OF THE EMPLOYER CONTRIBUTION REQUIRED UNDER   2,282        

SECTION 3309.49 OF THE REVISED CODE.  THE PORTION SHALL EQUAL THE  2,283        

PERCENTAGE OF COMPENSATION OF MEMBERS FOR WHOM THE CONTRIBUTIONS   2,285        

ARE BEING MADE THAT IS DETERMINED BY AN ACTUARY APPOINTED BY THE   2,286        

SCHOOL EMPLOYEES RETIREMENT BOARD TO BE NECESSARY TO MITIGATE ANY  2,287        

NEGATIVE FINANCIAL IMPACT ON THE SYSTEM OF MEMBERS' PARTICIPATION  2,288        

IN A PLAN.                                                                      

      THE BOARD SHALL HAVE PREPARED ANNUALLY AN ACTUARIAL STUDY    2,290        

TO DETERMINE WHETHER THE PERCENTAGE TRANSFERRED UNDER THIS         2,291        

SECTION SHOULD BE CHANGED TO REFLECT A CHANGE IN THE LEVEL OF      2,292        

NEGATIVE FINANCIAL IMPACT RESULTING FROM MEMBERS' PARTICIPATION    2,293        

IN A PLAN.  THE PERCENTAGE TRANSFERRED SHALL BE INCREASED OR       2,294        

                                                          49     


                                                                 
DECREASED TO REFLECT THE AMOUNT NEEDED TO MITIGATE THE NEGATIVE    2,295        

FINANCIAL IMPACT, IF ANY, ON THE SYSTEM, AS DETERMINED BY THE      2,296        

STUDY.  A CHANGE SHALL TAKE EFFECT ON THE FIRST DAY OF THE YEAR    2,297        

FOLLOWING THE DATE THE CONCLUSIONS OF THE STUDY ARE REPORTED TO    2,298        

THE BOARD.                                                         2,299        

      THE SYSTEM SHALL MAKE THE TRANSFER REQUIRED UNDER THIS       2,301        

SECTION UNTIL THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR ALL     2,302        

BENEFITS, EXCEPT HEALTH CARE BENEFITS PROVIDED UNDER SECTION       2,303        

3309.375 OR 3309.69 OF THE REVISED CODE AND BENEFIT INCREASES TO   2,304        

MEMBERS AND FORMER MEMBERS PARTICIPATING IN THE PLAN DESCRIBED IN  2,305        

SECTIONS 3309.18 TO 3309.70 OF THE REVISED CODE GRANTED AFTER THE  2,306        

EFFECTIVE DATE OF THIS SECTION, IS FULLY AMORTIZED, AS DETERMINED  2,307        

BY THE ANNUAL ACTUARIAL VALUATION PREPARED UNDER SECTION 3309.21   2,308        

OF THE REVISED CODE.                                               2,309        

      Sec. 3309.91.  THE RIGHT OF EACH MEMBER PARTICIPATING IN A   2,311        

PLAN ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED CODE TO A    2,312        

RETIREMENT, DISABILITY, SURVIVOR, OR DEATH BENEFIT, TO HEALTH OR   2,313        

LONG-TERM CARE INSURANCE, OR TO A WITHDRAWAL OF ANY AMOUNTS THAT   2,314        

HAVE ACCUMULATED ON THE MEMBER'S BEHALF SHALL BE GOVERNED          2,315        

EXCLUSIVELY BY THE PLAN SELECTED BY THE MEMBER.                    2,316        

      Sec. 3309.92.  IF A MEMBER PARTICIPATING IN A PLAN           2,318        

ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED CODE IS MARRIED   2,319        

AT THE TIME BENEFITS UNDER THE PLAN ARE TO COMMENCE, BEFORE        2,321        

MAKING ANY PAYMENT THE SCHOOL EMPLOYEES RETIREMENT SYSTEM, OR THE  2,322        

ENTITY ADMINISTERING THE PLAN PURSUANT TO A CONTRACT WITH THE      2,324        

SCHOOL EMPLOYEES RETIREMENT BOARD, SHALL OBTAIN THE CONSENT OF     2,325        

THE MEMBER'S SPOUSE TO THE FORM OF PAYMENT SELECTED BY THE         2,326        

MEMBER.                                                                         

      A PLAN ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED      2,329        

CODE SHALL INCLUDE REQUIREMENTS FOR CONSENT UNDER THIS SECTION     2,330        

THAT ARE THE SAME AS THE REQUIREMENTS SPECIFIED IN SECTION         2,332        

417(a)(2) OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085,  2,335        

26 U.S.C.A. 417(a)(2), AS AMENDED.  A PLAN MAY WAIVE CONSENT IF    2,337        

THE SPOUSE CANNOT BE LOCATED OR FOR ANY OTHER REASON SPECIFIED IN  2,338        

                                                          50     


                                                                 
THE REGULATIONS ADOPTED UNDER THAT SECTION.                        2,339        

      CONSENT OR WAIVER IS EFFECTIVE ONLY WITH REGARD TO THE       2,341        

SPOUSE WHO IS THE SUBJECT OF THE CONSENT OR WAIVER.                2,342        

      Sec. 3309.95.  SUBJECT TO SECTIONS 3309.341, 3309.66, AND    2,344        

3309.67 OF THE REVISED CODE, THE RIGHT OF A MEMBER PARTICIPATING   2,346        

IN A PLAN ESTABLISHED UNDER SECTION 3309.81 OF THE REVISED CODE    2,347        

TO ANY PAYMENT OR BENEFIT ACCRUING FROM CONTRIBUTIONS MADE BY OR   2,349        

ON BEHALF OF THE MEMBER UNDER SECTIONS 3309.85 AND 3309.86 OF THE  2,350        

REVISED CODE SHALL VEST IN ACCORDANCE WITH THIS SECTION.           2,352        

      A MEMBER'S RIGHT TO ANY PAYMENT OR BENEFIT THAT IS BASED ON  2,354        

THE MEMBER'S CONTRIBUTIONS IS NONFORFEITABLE.                      2,355        

      A MEMBER'S RIGHT TO ANY PAYMENT OR BENEFIT THAT IS BASED ON  2,357        

CONTRIBUTIONS BY THE MEMBER'S EMPLOYER IS NONFORFEITABLE AS        2,358        

SPECIFIED BY THE PLAN SELECTED BY THE MEMBER.                      2,359        

      Sec. 3309.97.  EACH PLAN ESTABLISHED UNDER SECTION 3309.81   2,361        

OF THE REVISED CODE SHALL PERMIT A MEMBER PARTICIPATING IN THE     2,363        

PLAN TO DO ALL OF THE FOLLOWING:                                   2,364        

      (A)  MAINTAIN ON DEPOSIT WITH THE SCHOOL EMPLOYEES           2,366        

RETIREMENT SYSTEM, OR THE ENTITY ADMINISTERING THE PLAN PURSUANT   2,367        

TO A CONTRACT WITH THE SCHOOL EMPLOYEES RETIREMENT BOARD, ANY      2,368        

AMOUNTS THAT HAVE ACCUMULATED ON BEHALF OF THE MEMBER;             2,369        

      (B)  IF THE MEMBER HAS WITHDRAWN THE AMOUNTS DESCRIBED IN    2,371        

DIVISION (A) OF THIS SECTION, REDEPOSIT WITH THE SYSTEM OR THE     2,372        

ENTITY ADMINISTERING THE PLAN THE AMOUNTS WITHDRAWN;               2,373        

      (C)  MAKE ADDITIONAL DEPOSITS AS PERMITTED BY THE "INTERNAL  2,376        

REVENUE CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED.  2,378        

      Sec. 3309.98.  CONTRIBUTIONS UNDER SECTIONS 3309.85 AND      2,381        

3309.86 OF THE REVISED CODE SHALL CEASE ON THE MEMBER'S DEATH OR   2,382        

TERMINATION OF EMPLOYMENT OR FOR ANY OTHER REASON SPECIFIED BY     2,383        

THE PLAN SELECTED BY THE MEMBER.                                   2,384        

      Section 2.  That existing sections 3309.01, 3309.03,         2,387        

3309.04, 3309.05, 3309.07, 3309.12, 3309.15, 3309.17, 3309.22,     2,388        

3309.341, 3309.36, 3309.374, 3309.381, 3309.40, 3309.401,          2,389        

3309.45, 3309.47, 3309.49, 3309.53, 3309.54, 3309.55, 3309.57,     2,390        

                                                          51     


                                                                 
3309.59, 3309.60, 3309.61, 3309.66, and 3309.69 and section        2,391        

3309.58 of the Revised Code are hereby repealed.                   2,392        

      Section 3.  The School Employees Retirement System shall     2,394        

recalculate under section 3309.36, 3309.381, 3309.40, 3309.401,    2,395        

or 3309.45 of the Revised Code, as amended by this act, or         2,396        

3309.38 of the Revised Code, each benefit that is payable under    2,397        

those sections or section 3309.46 of the Revised Code and became   2,398        

effective on or after January 1, 2000, but before the effective    2,399        

date of this act.  If the recalculated benefit is greater than     2,400        

the recipient's benefit prior to the recalculation, the system     2,401        

shall do both of the following:                                    2,402        

      (A)  Pay the recalculated benefit beginning on the first     2,404        

day of the month immediately following the date the board          2,405        

recalculates the benefit;                                          2,406        

      (B)  Make a one-time payment to each recipient receiving a   2,408        

benefit on the effective date of this act.                         2,409        

      The payment shall be an amount equal to the difference       2,412        

between the benefits paid to the recipient between January 1,      2,413        

2000, and the date of the payment and the increased benefits that  2,414        

would have been paid to the recipient had the amendments to        2,415        

sections 3309.36, 3309.381, 3309.40, 3309.401, and 3309.45 of the  2,416        

Revised Code gone into effect on January 1, 2000.                               

      Section 4.  (A)  The School Employees Retirement System      2,418        

shall make a one-time payment to each person receiving a monthly   2,419        

payment under section 3309.69 of the Revised Code as of the        2,420        

effective date of this act who was eligible to receive a monthly   2,422        

payment during the period commencing January 1, 1993, and ending   2,423        

on the last day of the month in which this act takes effect                     

pursuant to division (D) of section 3309.69 of the Revised Code    2,424        

for insurance coverage under Part B of the "Social Security        2,425        

Amendments of 1965," 79 Stat. 301, 42 U.S.C.A. 1935j, as amended.  2,426        

Except as provided in division (B) of this section, the payment    2,427        

shall be equal to the difference between:                          2,428        

      (1)  The amount the recipient was eligible to receive under  2,430        

                                                          52     


                                                                 
division (D) of section 3309.69 of the Revised Code during the     2,431        

period commencing January 1, 1993, and ending on the last day of   2,432        

the month in which this act takes effect;                          2,433        

      (2)  The amount the recipient would have received under      2,435        

division (D) of section 3309.69 of the Revised Code during the     2,436        

same period had the amendments to that division made by this act   2,437        

taken effect January 1, 1993.                                      2,438        

      (B)  The School Employees Retirement System shall subtract   2,440        

from any amount payable under this section any amount the          2,441        

recipient was eligible to receive pursuant to Section 3 of Am.     2,442        

Sub. H.B. 673 of the 122nd General Assembly.                       2,443        

      Section 5.  If the surviving spouse of a member who died on  2,445        

or after January 1, 2000, but before the effective date of this    2,446        

act would be eligible for a benefit under division (B)(3)(a) of    2,447        

section 3309.45 of the Revised Code as amended by this act and     2,448        

the surviving spouse has not taken the payment of the member's     2,449        

accumulated account, the system shall calculate the benefit        2,450        

payable to the surviving spouse under section 3309.45 of the       2,451        

Revised Code as of the effective date of this act and do both of   2,452        

the following:                                                     2,453        

      (A)  Begin payment to the surviving spouse on the first day  2,455        

of the month immediately following the date the calculation is     2,456        

made;                                                                           

      (B)  Make a one-time payment to each surviving spouse        2,458        

eligible to receive payment under division (A) of this section.    2,459        

      The payment under this division shall be an amount equal to  2,461        

the sum of the monthly benefits that would have been paid to the   2,462        

surviving spouse had the amendments to section 3309.45 of the      2,463        

Revised Code gone into effect on January 1, 2000.                  2,464        

      Section 6.  The amendments made by this act to section       2,466        

3309.05 and 3309.07 of the Revised Code do not affect the term of  2,467        

the retirant member holding office on the effective date of this   2,468        

act.                                                                            

      Section  7.  The School Employees Retirement Board, in       2,470        

                                                          53     


                                                                 
consultation with the Ohio Retirement Study Council, shall         2,471        

develop a plan to eliminate the requirement that employers pay an  2,472        

additional amount pursuant to section 3309.341 of the Revised      2,473        

Code for employees whose compensation is less than the minimum     2,474        

compensation amount.  The System shall present the plan not later               

than March 30, 2001, to the President and minority party leader    2,475        

of the Senate, Speaker and minority party leader of the House of   2,476        

Representatives, the chairpersons of the standing committees in    2,477        

the Senate and House of Representatives that regularly hear        2,478        

legislation regarding education and the chairpersons of the        2,479        

committees and subcommittees in the Senate and House of                         

Representatives that regularly hear legislation regarding Ohio's   2,480        

public pension systems.                                            2,481