REPRESENTATIVE Schuring

To amend sections 145.01, 145.321, 145.33, 145.35,

1

145.49, and 3309.312 of the Revised Code to permit

2

Public Employees Retirement System (PERS) members

3

with at least 25 years of law enforcement service

4

credit to retire with full benefits at age 48, to

5

include transit and highway patrol police officers

6

as law enforcement officers for PERS purposes, and

7

to increase the employee contribution rate for law

8

enforcement service credit.

9

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

Section 1.  That sections 145.01, 145.321, 145.33, 145.35,	10
145.49, and 3309.312 of the Revised Code be amended to read as	11
follows:	12

Sec. 145.01.  As used in this chapter:

13

(A) "Public employee" means:

14

(1) Any person holding an office, not elective, under the	15
state or any county, township, municipal corporation, park	16
district, conservancy district, sanitary district, health	17
district, metropolitan housing authority, state retirement board,	18
Ohio historical society, public library, county law library, union	19
cemetery, joint hospital, institutional commissary, state	20
university, or board, bureau, commission, council, committee,	21
authority, or administrative body as the same are, or have been,	22
created by action of the general assembly or by the legislative	23
authority of any of the units of local government named in	24
division (A)(1) of this section, or employed and paid in whole or	25
in part by the state or any of the authorities named in division	26
(A)(1) of this section in any capacity not covered by section	27
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	28

(2) A person who is a member of the public employees	29
retirement system and who continues to perform the same or similar	30
duties under the direction of a contractor who has contracted to	31
take over what before the date of the contract was a publicly	32
operated function. The governmental unit with which the contract	33
has been made shall be deemed the employer for the purposes of	34
administering this chapter.	35

(3) Any person who is an employee of a public employer,	36
notwithstanding that the person's compensation for that employment	37
is derived from funds of a person or entity other than the	38
employer. Credit for such service shall be included as total	39
service credit, provided that the employee makes the payments	40
required by this chapter, and the employer makes the payments	41
required by sections 145.48 and 145.51 of the Revised Code.	42

(4) A person who elects in accordance with section 145.015	43
of the Revised Code to remain a contributing member of the public	44
employees retirement system.	45

In all cases of doubt, the public employees retirement board	46
shall determine whether any person is a public employee, and its	47
decision is final.	48

(B) "Member" means any public employee, other than a public	49
employee excluded or exempted from membership in the retirement	50
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	51
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	52
retirant who becomes a member under division (C) of section 145.38	53
of the Revised Code. "Member" also includes a disability benefit	54
recipient.	55

(C) "Head of the department" means the elective or appointive	56
head of the several executive, judicial, and administrative	57
departments, institutions, boards, and commissions of the state	58
and local government as the same are created and defined by the	59
laws of this state or, in case of a charter government, by that	60
charter.	61

(D) "Employer" or "public employer" means the state or any	62
county, township, municipal corporation, park district,	63
conservancy district, sanitary district, health district,	64
metropolitan housing authority, state retirement board, Ohio	65
historical society, public library, county law library, union	66
cemetery, joint hospital, institutional commissary, state medical	67
college, state university, or board, bureau, commission, council,	68
committee, authority, or administrative body as the same are, or	69
have been, created by action of the general assembly or by the	70
legislative authority of any of the units of local government	71
named in this division not covered by section 742.01, 3307.01,	72
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	73
means the employer of any public employee.	74

(E) "Prior service" means all service as a public employee	75
rendered before January 1, 1935, and all service as an employee of	76
any employer who comes within the state teachers retirement system	77
or of the school employees retirement system or of any other	78
retirement system established under the laws of this state	79
rendered prior to January 1, 1935, provided that if the employee	80
claiming the service was employed in any capacity covered by that	81
other system after that other system was established, credit for	82
the service may be allowed by the public employees retirement	83
system only when the employee has made payment, to be computed on	84
the salary earned from the date of appointment to the date	85
membership was established in the public employees retirement	86
system, at the rate in effect at the time of payment, and the	87
employer has made payment of the corresponding full liability as	88
provided by section 145.44 of the Revised Code. "Prior service"	89
also means all service credited for active duty with the armed	90
forces of the United States as provided in section 145.30 of the	91
Revised Code.	92

If an employee who has been granted prior service credit by	93
the public employees retirement system for service rendered prior	94
to January 1, 1935, as an employee of a board of education	95
establishes, before retirement, one year or more of contributing	96
service in the state teachers retirement system or school	97
employees retirement system, then the prior service ceases to be	98
the liability of this system.	99

If the board determines that a position of any member in any	100
calendar year prior to January 1, 1935, was a part-time position,	101
the board shall determine what fractional part of a year's credit	102
shall be allowed by the following formula:	103

(1) When the member has been either elected or appointed to	104
an office the term of which was two or more years and for which an	105
annual salary is established, the fractional part of the year's	106
credit shall be computed as follows:	107

First, when the member's annual salary is one thousand	108
dollars or less, the service credit for each such calendar year	109
shall be forty per cent of a year.	110

Second, for each full one hundred dollars of annual salary	111
above one thousand dollars, the member's service credit for each	112
such calendar year shall be increased by two and one-half per	113
cent.	114

(2) When the member is paid on a per diem basis, the service	115
credit for any single year of the service shall be determined by	116
using the number of days of service for which the compensation was	117
received in any such year as a numerator and using two hundred	118
fifty days as a denominator.	119

(3) When the member is paid on an hourly basis, the service	120
credit for any single year of the service shall be determined by	121
using the number of hours of service for which the compensation	122
was received in any such year as a numerator and using two	123
thousand hours as a denominator.	124

(F) "Contributor" means any person who has an account in the	125
employees' savings fund created by section 145.23 of the Revised	126
Code. When used in the sections listed in division (B) of section	127
145.82 of the Revised Code, "contributor" includes any person	128
participating in a plan established under section 145.81 of the	129
Revised Code.	130

(G) "Beneficiary" or "beneficiaries" means the estate or a	131
person or persons who, as the result of the death of a member,	132
contributor, or retirant, qualify for or are receiving some right	133
or benefit under this chapter.	134

(H)(1) "Total service credit," except as provided in section	135
145.37 of the Revised Code, means all service credited to a member	136
of the retirement system since last becoming a member, including	137
restored service credit as provided by section 145.31 of the	138
Revised Code; credit purchased under sections 145.293 and 145.299	139
of the Revised Code; all the member's prior service credit; all	140
the member's military service credit computed as provided in this	141
chapter; all service credit established pursuant to section	142
145.297 of the Revised Code; and any other service credited under	143
this chapter. In addition, "total service credit" includes any	144
period, not in excess of three years, during which a member was	145
out of service and receiving benefits under Chapters 4121. and	146
4123. of the Revised Code. For the exclusive purpose of	147
satisfying the service credit requirement and of determining	148
eligibility for benefits under sections 145.32, 145.33, 145.331,	149
145.35, 145.36, and 145.361 of the Revised Code, "five or more	150
years of total service credit" means sixty or more calendar months	151
of contributing service in this system.	152

(2) "One and one-half years of contributing service credit,"	153
as used in division (B) of section 145.45 of the Revised Code,	154
also means eighteen or more calendar months of employment by a	155
municipal corporation that formerly operated its own retirement	156
plan for its employees or a part of its employees, provided that	157
all employees of that municipal retirement plan who have eighteen	158
or more months of such employment, upon establishing membership in	159
the public employees retirement system, shall make a payment of	160
the contributions they would have paid had they been members of	161
this system for the eighteen months of employment preceding the	162
date membership was established. When that payment has been made	163
by all such employee members, a corresponding payment shall be	164
paid into the employers' accumulation fund by that municipal	165
corporation as the employer of the employees.	166

(3) Where a member also is a member of the state teachers	167
retirement system or the school employees retirement system, or	168
both, except in cases of retirement on a combined basis pursuant	169
to section 145.37 of the Revised Code or as provided in section	170
145.383 of the Revised Code, service credit for any period shall	171
be credited on the basis of the ratio that contributions to the	172
public employees retirement system bear to total contributions in	173
all state retirement systems.	174

(4) Not more than one year of credit may be given for any	175
period of twelve months.	176

(5) "Ohio service credit" means credit for service that was	177
rendered to the state or any of its political subdivisions or any	178
employer.	179

(I) "Regular interest" means interest at any rates for the	180
respective funds and accounts as the public employees retirement	181
board may determine from time to time.	182

(J) "Accumulated contributions" means the sum of all amounts	183
credited to a contributor's individual account in the employees'	184
savings fund together with any interest credited to the	185
contributor's account under section 145.471 or 145.472 of the	186
Revised Code.	187

(K)(1) "Final average salary" means the quotient obtained by	188
dividing by three the sum of the three full calendar years of	189
contributing service in which the member's earnable salary was	190
highest, except that if the member has a partial year of	191
contributing service in the year the member's employment	192
terminates and the member's earnable salary for the partial year	193
is higher than for any comparable period in the three years, the	194
member's earnable salary for the partial year shall be substituted	195
for the member's earnable salary for the comparable period during	196
the three years in which the member's earnable salary was lowest.	197

(2) If a member has less than three years of contributing	198
service, the member's final average salary shall be the member's	199
total earnable salary divided by the total number of years,	200
including any fraction of a year, of the member's contributing	201
service.	202

(3) For the purpose of calculating benefits payable to a	203
member qualifying for service credit under division (Z) of this	204
section, "final average salary" means the total earnable salary on	205
which contributions were made divided by the total number of years	206
during which contributions were made, including any fraction of a	207
year. If contributions were made for less than twelve months,	208
"final average salary" means the member's total earnable salary.	209

(L) "Annuity" means payments for life derived from	210
contributions made by a contributor and paid from the annuity and	211
pension reserve fund as provided in this chapter. All annuities	212
shall be paid in twelve equal monthly installments.	213

(M) "Annuity reserve" means the present value, computed upon	214
the basis of the mortality and other tables adopted by the board,	215
of all payments to be made on account of any annuity, or benefit	216
in lieu of any annuity, granted to a retirant as provided in this	217
chapter.	218

(N)(1) "Disability retirement" means retirement as provided	219
in section 145.36 of the Revised Code.	220

(2) "Disability allowance" means an allowance paid on account	221
of disability under section 145.361 of the Revised Code.	222

(3) "Disability benefit" means a benefit paid as disability	223
retirement under section 145.36 of the Revised Code, as a	224
disability allowance under section 145.361 of the Revised Code, or	225
as a disability benefit under section 145.37 of the Revised Code.	226

(4) "Disability benefit recipient" means a member who is	227
receiving a disability benefit.	228

(O) "Age and service retirement" means retirement as provided	229
in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of	230
the Revised Code.	231

(P) "Pensions" means annual payments for life derived from	232
contributions made by the employer that at the time of retirement	233
are credited into the annuity and pension reserve fund from the	234
employers' accumulation fund and paid from the annuity and pension	235
reserve fund as provided in this chapter. All pensions shall be	236
paid in twelve equal monthly installments.	237

(Q) "Retirement allowance" means the pension plus that	238
portion of the benefit derived from contributions made by the	239
member.	240

(R)(1) Except as otherwise provided in division (R) of this	241
section, "earnable salary" means all salary, wages, and other	242
earnings paid to a contributor by reason of employment in a	243
position covered by the retirement system. The salary, wages, and	244
other earnings shall be determined prior to determination of the	245
amount required to be contributed to the employees' savings fund	246
under section 145.47 of the Revised Code and without regard to	247
whether any of the salary, wages, or other earnings are treated as	248
deferred income for federal income tax purposes. "Earnable salary"	249
includes the following:	250

(a) Payments made by the employer in lieu of salary, wages,	251
or other earnings for sick leave, personal leave, or vacation used	252
by the contributor;	253

(b) Payments made by the employer for the conversion of sick	254
leave, personal leave, and vacation leave accrued, but not used if	255
the payment is made during the year in which the leave is accrued,	256
except that payments made pursuant to section 124.383 or 124.386	257
of the Revised Code are not earnable salary;	258

(c) Allowances paid by the employer for full maintenance,	259
consisting of housing, laundry, and meals, as certified to the	260
retirement board by the employer or the head of the department	261
that employs the contributor;	262

(d) Fees and commissions paid under section 507.09 of the	263
Revised Code;	264

(e) Payments that are made under a disability leave program	265
sponsored by the employer and for which the employer is required	266
by section 145.296 of the Revised Code to make periodic employer	267
and employee contributions;	268

(f) Amounts included pursuant to divisions (K)(3) and (Y) of	269
this section.	270

(2) "Earnable salary" does not include any of the following:

271

(a) Fees and commissions, other than those paid under	272
section 507.09 of the Revised Code, paid as sole compensation for	273
personal services and fees and commissions for special services	274
over and above services for which the contributor receives a	275
salary;	276

(b) Amounts paid by the employer to provide life insurance,	277
sickness, accident, endowment, health, medical, hospital, dental,	278
or surgical coverage, or other insurance for the contributor or	279
the contributor's family, or amounts paid by the employer to the	280
contributor in lieu of providing the insurance;	281

(c) Incidental benefits, including lodging, food, laundry,	282
parking, or services furnished by the employer, or use of the	283
employer's property or equipment, or amounts paid by the employer	284
to the contributor in lieu of providing the incidental benefits;	285

(d) Reimbursement for job-related expenses authorized by the	286
employer, including moving and travel expenses and expenses	287
related to professional development;	288

(e) Payments for accrued but unused sick leave, personal	289
leave, or vacation that are made at any time other than in the	290
year in which the sick leave, personal leave, or vacation was	291
accrued;	292

(f) Payments made to or on behalf of a contributor that are	293
in excess of the annual compensation that may be taken into	294
account by the retirement system under division (a)(17) of section	295
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	296
U.S.C.A. 401(a)(17), as amended;	297

(g) Payments made under division (B) or (D) of section	298
5923.05 of the Revised Code or Section 4 of Substitute Senate Bill	299
No. 3 of the 119th general assembly;	300

(h) Anything of value received by the contributor that is	301
based on or attributable to retirement or an agreement to retire,	302
except that payments made on or before January 1, 1989, that are	303
based on or attributable to an agreement to retire shall be	304
included in earnable salary if both of the following apply:	305

(i) The payments are made in accordance with contract	306
provisions that were in effect prior to January 1, 1986;	307

(ii) The employer pays the retirement system an amount	308
specified by the retirement board equal to the additional	309
liability resulting from the payments.	310

(3) The retirement board shall determine by rule whether any	311
compensation not enumerated in division (R) of this section is	312
earnable salary, and its decision shall be final.	313

(S) "Pension reserve" means the present value, computed upon	314
the basis of the mortality and other tables adopted by the board,	315
of all payments to be made on account of any retirement allowance	316
or benefit in lieu of any retirement allowance, granted to a	317
member or beneficiary under this chapter.	318

(T)(1) "Contributing service" means all service credited to a	319
member of the system since January 1, 1935, for which	320
contributions are made as required by sections 145.47, 145.48, and	321
145.483 of the Revised Code. In any year subsequent to 1934,	322
credit for any service shall be allowed by the following formula:	323

(a) For each month for which the member's earnable salary is	324
two hundred fifty dollars or more, allow one month's credit.	325

(b) For each month for which the member's earnable salary is	326
less than two hundred fifty dollars, allow a fraction of a month's	327
credit. The numerator of this fraction shall be the earnable	328
salary during the month, and the denominator shall be two hundred	329
fifty dollars, except that if the member's annual earnable salary	330
is less than six hundred dollars, the member's credit shall not be	331
reduced below twenty per cent of a year for a calendar year of	332
employment during which the member worked each month. Division	333
(T)(1)(b) of this section shall not reduce any credit earned	334
before January 1, 1985.	335

(2) Notwithstanding division (T)(1) of this section, an	336
elected official who prior to January 1, 1980, was granted a full	337
year of credit for each year of service as an elected official	338
shall be considered to have earned a full year of credit for each	339
year of service regardless of whether the service was full-time	340
full time or part-timepart time. The public employees retirement	341
board has no authority to reduce the credit.	342

(U) "State retirement board" means the public employees	343
retirement board, the school employees retirement board, or the	344
state teachers retirement board.	345

(V) "Retirant" means any former member who retires and is	346
receiving a monthly allowance as provided in sections 145.32,	347
145.33, 145.331, 145.34, and 145.46 of the Revised Code.	348

(W) "Employer contribution" means the amount paid by an	349
employer as determined under section 145.48 of the Revised Code.	350

(X) "Public service terminates" means the last day for which	351
a public employee is compensated for services performed for an	352
employer or the date of the employee's death, whichever occurs	353
first.	354

(Y) When a member has been elected or appointed to an	355
office, the term of which is two or more years, for which an	356
annual salary is established, and in the event that the salary of	357
the office is increased and the member is denied the additional	358
salary by reason of any constitutional provision prohibiting an	359
increase in salary during a term of office, the member may elect	360
to have the amount of the member's contributions calculated upon	361
the basis of the increased salary for the office. At the member's	362
request, the board shall compute the total additional amount the	363
member would have contributed, or the amount by which each of the	364
member's contributions would have increased, had the member	365
received the increased salary for the office the member holds. If	366
the member elects to have the amount by which the member's	367
contribution would have increased withheld from the member's	368
salary, the member shall notify the employer, and the employer	369
shall make the withholding and transmit it to the retirement	370
system. A member who has not elected to have that amount withheld	371
may elect at any time to make a payment to the retirement system	372
equal to the additional amount the member's contribution would	373
have increased, plus interest on that contribution, compounded	374
annually at a rate established by the board and computed from the	375
date on which the last contribution would have been withheld from	376
the member's salary to the date of payment. A member may make a	377
payment for part of the period for which the increased	378
contribution was not withheld, in which case the interest shall be	379
computed from the date the last contribution would have been	380
withheld for the period for which the payment is made. Upon the	381
payment of the increased contributions as provided in this	382
division, the increased annual salary as provided by law for the	383
office for the period for which the member paid increased	384
contributions thereon shall be used in determining the member's	385
earnable salary for the purpose of computing the member's final	386
average salary.	387

(Z) "Five years of service credit," for the exclusive purpose	388
of satisfying the service credit requirements and of determining	389
eligibility for benefits under section 145.33 of the Revised Code,	390
means employment covered under this chapter or under a former	391
retirement plan operated, recognized, or endorsed by the employer	392
prior to coverage under this chapter or under a combination of the	393
coverage.	394

(AA) "Deputy sheriff" means any person who is commissioned	395
and employed as a full-time peace officer by the sheriff of any	396
county, and has been so employed since on or before December 31,	397
1965, and whose primary duties are to preserve the peace, to	398
protect life and property, and to enforce the laws of this state;	399
any person who is or has been commissioned and employed as a peace	400
officer by the sheriff of any county since January 1, 1966, and	401
who has received a certificate attesting to the person's	402
satisfactory completion of the peace officer training school as	403
required by section 109.77 of the Revised Code and whose primary	404
duties are to preserve the peace, protect life and property, and	405
enforce the laws of this state; or any person deputized by the	406
sheriff of any county and employed pursuant to section 2301.12 of	407
the Revised Code as a criminal bailiff or court constable who has	408
received a certificate attesting to the person's satisfactory	409
completion of the peace officer training school as required by	410
section 109.77 of the Revised Code and whose primary duties are to	411
preserve the peace, protect life and property, and enforce the	412
laws of this state.	413

(BB) "Township constable or police officer in a township	414
police department or district" means any person who is	415
commissioned and employed as a full-time peace officer pursuant to	416
Chapter 505. or 509. of the Revised Code, who has received a	417
certificate attesting to the person's satisfactory completion of	418
the peace officer training school as required by section 109.77 of	419
the Revised Code, and whose primary duties are to preserve the	420
peace, protect life and property, and enforce the laws of this	421
state.	422

(CC) "Drug agent" means any person who is either of the	423
following:	424

(1) Employed full-timefull time as a narcotics agent by a	425
county narcotics agency created pursuant to section 307.15 of the	426
Revised Code and has received a certificate attesting to the	427
satisfactory completion of the peace officer training school as	428
required by section 109.77 of the Revised Code;	429

(2) Employed full-timefull time as an undercover drug agent	430
as defined in section 109.79 of the Revised Code and is in	431
compliance with section 109.77 of the Revised Code.	432

(DD) "Department of public safety enforcement agent" means a	433
full-time employee of the department of public safety who is	434
designated under section 5502.14 of the Revised Code as an	435
enforcement agent and who is in compliance with section 109.77 of	436
the Revised Code.	437

(EE) "Natural resources law enforcement staff officer" means	438
a full-time employee of the department of natural resources who is	439
designated a natural resources law enforcement staff officer under	440
section 1501.013 of the Revised Code and is in compliance with	441
section 109.77 of the Revised Code.	442

(FF) "Park officer" means a full-time employee of the	443
department of natural resources who is designated a park officer	444
under section 1541.10 of the Revised Code and is in compliance	445
with section 109.77 of the Revised Code.	446

(GG) "Forest officer" means a full-time employee of the	447
department of natural resources who is designated a forest officer	448
under section 1503.29 of the Revised Code and is in compliance	449
with section 109.77 of the Revised Code.	450

(HH) "Preserve officer" means a full-time employee of the	451
department of natural resources who is designated a preserve	452
officer under section 1517.10 of the Revised Code and is in	453
compliance with section 109.77 of the Revised Code.	454

(II) "Wildlife officer" means a full-time employee of the	455
department of natural resources who is designated a wildlife	456
officer under section 1531.13 of the Revised Code and is in	457
compliance with section 109.77 of the Revised Code.	458

(JJ) "State watercraft officer" means a full-time employee of	459
the department of natural resources who is designated a state	460
watercraft officer under section 1547.521 of the Revised Code and	461
is in compliance with section 109.77 of the Revised Code.	462

(KK) "Park district police officer" means a full-time	463
employee of a park district who is designated pursuant to section	464
511.232 or 1545.13 of the Revised Code and is in compliance with	465
section 109.77 of the Revised Code.	466

(LL) "Conservancy district officer" means a full-time	467
employee of a conservancy district who is designated pursuant to	468
section 6101.75 of the Revised Code and is in compliance with	469
section 109.77 of the Revised Code.	470

(MM) "Municipal police officer" means a member of the	471
organized police department of a municipal corporation who is	472
employed full-timefull time, is in compliance with section 109.77	473
of the Revised Code, and is not a member of the Ohio police and	474
fire pension fund.	475

(NN) "Ohio veterans' home police officer" means any person	476
who is employed at the Ohio veterans' home as a police officer	477
pursuant to section 5907.02 of the Revised Code and is in	478
compliance with section 109.77 of the Revised Code.	479

(OO) "Special police officer for a mental health institution"	480
means any person who is designated as such pursuant to section	481
5119.14 of the Revised Code and is in compliance with section	482
109.77 of the Revised Code.	483

(PP) "Special police officer for an institution for the	484
mentally retarded and developmentally disabled" means any person	485
who is designated as such pursuant to section 5123.13 of the	486
Revised Code and is in compliance with section 109.77 of the	487
Revised Code.	488

(QQ) "State university law enforcement officer" means any	489
person who is employed full-timefull time as a state university	490
law enforcement officer pursuant to section 3345.04 of the Revised	491
Code and who is in compliance with section 109.77 of the Revised	492
Code.	493

(RR) "Hamilton county municipal court bailiff" means a person	494
appointed by the clerk of courts of the Hamilton county municipal	495
court under division (A)(3) of section 1901.32 of the Revised Code	496
who is employed full-time as a bailiff or deputy bailiff, who has	497
received a certificate attesting to the person's satisfactory	498
completion of the peace officer training school as required by	499
division (C) of section 109.77 of the Revised Code, and whose	500
primary duties are to preserve the peace, to protect life and	501
property, and to enforce the laws of this state.	502

(SS)"Regional transit authority police officer" means a	503
person who is employed full time as a regional transit authority	504
police officer under division (Y) of section 306.35 of the Revised	505
Code and is in compliance with section 109.77 of the Revised Code.	506

(SS) "State highway patrol police officer" means a special	507
police officer employed full time and designated by the	508
superintendent of the state highway patrol pursuant to section	509
5503.09 of the Revised Code or a person serving full time as a	510
special police officer pursuant to that section on a permanent	511
basis on October 21, 1997, who is in compliance with section	512
109.77 of the Revised Code.	513

(TT) Notwithstanding section 2901.01 of the Revised Code,	514
"PERS law enforcement officer" means a sheriff, deputy sheriff,	515
township constable or police officer in a township police	516
department or district, drug agent, department of public safety	517
enforcement agent, natural resources law enforcement staff	518
officer, park officer, forest officer, preserve officer, wildlife	519
officer, state watercraft officer, park district police officer,	520
conservancy district officer, Ohio veterans' home police officer,	521
special police officer for a mental health institution, special	522
police officer for an institution for the mentally retarded and	523
developmentally disabled, state university law enforcement	524
officer, Hamilton county municipal court bailiff, or municipal	525
police officer,regional transit authority police officer, or	526
state highway patrol police officer.	527

(TT)(UU) "Hamilton county municipal court bailiff" means a	528
person appointed by the clerk of courts of the Hamilton county	529
municipal court under division (A)(3) of section 1901.32 of the	530
Revised Code who is employed full time as a bailiff or deputy	531
bailiff, who has received a certificate attesting to the person's	532
satisfactory completion of the peace officer training school as	533
required by division (C) of section 109.77 of the Revised Code,	534
and whose primary duties are to preserve the peace, to protect	535
life and property, and to enforce the laws of this state.	536

(VV) "Fiduciary" means a person who does any of the	537
following:	538

(1) Exercises any discretionary authority or control with	539
respect to the management of the system or with respect to the	540
management or disposition of its assets;	541

(2) Renders investment advice for a fee, direct or indirect,	542
with respect to money or property of the system;	543

(3) Has any discretionary authority or responsibility in the	544
administration of the system.	545

(UU)(WW) "Actuary" means an individual who satisfies all of	546
the following requirements:	547

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

548

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

549

(3) Has a minimum of five years' experience in providing	550
actuarial services to public retirement plans.	551

Sec. 145.321.  On and after October 1, 1957, all persons in	552
receipt of, or who are or become eligible to receive, a monthly	553
allowance, pension, or other benefit effective prior to June 29,	554
1955, which is payable or becomes payable pursuant to the	555
provisions of sections 145.33 to 145.36 and 145.46 of the Revised	556
Code, or an allowance payable at any time under an option elected	557
by a member and effective prior to that date, shall be paid an	558
increased allowance, pension, or benefit as follows:	559

(A) An amount determined by increasing the original	560
allowance, pension, or benefit by the following percentages as	561
determined by the calendar year in which the allowance, pension,	562
or benefit became effective:	563

(B) If the amount of any allowance, pension, or other	583
benefit is increased by division (A) of this section to an amount	584
less than one hundred ten per cent of the present amount payable	585
immediately prior to October 1, 1957, the present amount shall be	586
increased by ten per cent.	587

(C) On and after August 1, 1959 the monthly allowance,	588
pension, or other benefit effective prior to June 29, 1955,	589
(exclusive of any amount receivable monthly by reason of a	590
voluntary deposit made for additional annuity), together with the	591
supplemental allowance payable pursuant to divisions (A) and (B)	592
of this section, shall be increased by twelve per cent.	593

(D) Effective November 1, 1965, the allowances of each	594
person who retired on or before June 30, 1955 and is receiving age	595
and service or disability benefits under sections 145.32, 145.33,	596
145.34, and 145.36 of the Revised Code shall be increased by one	597
hundred twenty dollars annually, notwithstanding the final average	598
salary limitations in division (F) of section 145.33 and division	599
(B) of section 145.36 of the Revised Code.	600

(E) Effective November 1, 1965, the allowances of each	601
person who retired after June 30, 1955 and on or before October	602
31, 1965 and is receiving age and service ofor disability	603
benefits under sections 145.32, 145.33, 145.34, and 145.36 of the	604
Revised Code shall be increased by one hundred twenty dollars	605
annually, which when added to the allowance in effect on October	606
31, 1965, shall not exceed the final average salary limitations	607
found in division (F) of section 145.33 and division (B) of	608
section 145.36 of the Revised Code, except that the increase shall	609
not be less than seventy-two dollars annually.	610

(F) Beginning November 1, 1965, the monthly benefit payable	611
under section 145.45 of the Revised Code shall be increased six	612
dollars for each survivor beneficiary receiving a benefit on	613
October 31, 1965 and for each successor to such benefit.	614

For the purposes of this section: (1) The total increase	615
payable per month on or after November 1, 1965 to a retirant or	616
beneficiary from one or more state systems shall not exceed the	617
ten dollar increase as provided in this division, and (2) in all	618
cases involving combined membership and service as provided for	619
under section 145.37 of the Revised Code, only those cases which	620
are being paid by the public employees retirement system shall be	621
calculated under the provisions of this section.	622

On or before August 1, 1982, and on or before the first day	623
of August in each year thereafter, the public employees retirement	624
board shall certify to the treasurer of state the amount required	625
to be paid in the preceding fiscal year under divisions (A) and	626
(B) of this section. Upon receipt of this certification, the	627
treasurer of state shall pay the amount certified. The amount	628
received by the public employees retirement board shall be	629
credited to the proper fund from which such additional payments	630
are paid.	631

Sec. 145.33.  (A) Except as provided in division (B), (C),	632
or (D) of this section, a member with at least five years of total	633
service credit who has attained age sixty, or who has thirty years	634
of total Ohio service credit, may apply for age and service	635
retirement, which shall consist of:	636

(1) An annuity having a reserve equal to the amount of the	637
member's accumulated contributions at that time;	638

(2) A pension equal to the annuity provided by division	639
(A)(1) of this section;	640

(3) An additional pension, if the member can qualify for	641
prior service, equal to forty dollars multiplied by the number of	642
years, and fraction thereof, of such prior and military service	643
credit;	644

(4) A basic annual pension equal to one hundred eighty	645
dollars if the member has ten or more years of total service	646
credit as of October 1, 1956, except that the basic annual pension	647
shall not exceed the sum of the annual benefits provided by	648
divisions (A)(1), (2), and (3) of this section.	649

(5) When a member retires on age and service retirement, the	650
member's total annual single lifetime allowance, including the	651
allowances provided in divisions (A)(1), (2), (3), and (4) of this	652
section, shall be not less than a base amount adjusted in	653
accordance with division (A)(5) of this section and determined by	654
multiplying the member's total service credit by the greater of	655
the following:	656

(a) Eighty-six dollars;

657

(b) Two and two-tenths per cent of the member's final	658
average salary for each of the first thirty years of service plus	659
two and one-half per cent of the member's final average salary for	660
each subsequent year of service.	661

The allowance shall be adjusted by the factors of attained	662
age or years of service to provide the greater amount as	663
determined by the following schedule:	664

Members shall vest the right to a benefit in accordance with	678
the following schedule, based on the member's attained age by	679
September 1, 1976:	680

(6) The total annual single lifetime allowance that a member	689
shall receive under division (A)(5) of this section shall not	690
exceed the lesser of one hundred per cent of the member's final	691
average salary or the limit established by section 415 of the	692
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,	693
as amended.	694

(B)(1) For the purposes of divisions (B) to (F)(G) of this	695
section, "total service credit as a PERS law enforcement officer"	696
includesand "total service credit as a Hamilton county municipal	697
court bailiff" include credit for military service to the extent	698
permitted by division (F)(E)(2) of this section and credit for	699
service as a police officer or state highway patrol trooper to the	700
extent permitted by division (F)divisions (E)(3) and (4) of this	701
section.	702

(2) A member who meets the conditions in division (B)(2)(a),	703
(b), or (c) of this section may apply for an age and service	704
retirement benefit under this division:	705

(a) Except as provided in division (B)(2)(b) of this section,	706
hasHas at least twenty-five years of total service credit as a	707
PERS law enforcement officer and has attained age fifty-two	708
forty-eight;	709

(b) Has at least twenty-five years of total service credit	710
as a law enforcement officer while serving as a sheriff, deputy	711
sheriff, or township constable or police officer in a township	712
police department or districtHamilton county municipal court	713
bailiff and has attained age forty-eightfifty-two;	714

(c) Has at least fifteen years of total service credit as a	715
PERS law enforcement officer or a Hamilton county municipal court	716
bailiff and has attained age sixty-two.	717

(3) A benefit paid under division (B)(2) of this section	718
shall consist of an annual single lifetime allowance equal to the	719
sum of two and one-half per cent of the member's final average	720
salary multiplied by the first twenty-five years of the member's	721
total service plus two and one-tenth per cent of the member's	722
final average salary multiplied by the number of years of the	723
member's total service credit in excess of twenty-five years.	724

(C)(4) A member with at least fifteen years of total service	725
credit as a PERS law enforcement officer or a Hamilton county	726
municipal court bailiff who voluntarily resigns or is discharged	727
for any reason except death, dishonesty, cowardice, intemperate	728
habits, or conviction of a felony may apply for an age and service	729
retirement benefit, which shall consist of an annual single	730
lifetime allowance equal to one and one-half per cent of the	731
member's final average salary multiplied by the number of years of	732
the member's total service credit. The allowance shall commence	733
on the first day of the calendar month following the month in	734
which the application is filed with the public employees	735
retirement board on or after the attainment by the applicant of	736
age fifty-two.	737

(D)(C)(1) A member with at least twenty-five years of total	738
service credit as a law enforcement officer other than as a law	739
enforcement officer eligible for a benefit under division	740
(B)(2)(b) of this sectionHamilton county municipal court bailiff	741
who voluntarily resigns or is discharged for any reason except	742
death, dishonesty, cowardice, intemperate habits, or conviction of	743
a felony, on or after the date of attaining forty-eight years of	744
age, but before the date of attaining fifty-two years of age, may	745
elect to receive a reduced benefit as determined by the following	746
schedule:	747

(2) If a member elects to receive a reduced benefit after	757
attaining age forty-eight the reduced benefit is payable from the	758
later of the date of the member's most recent birthday or the date	759
the member becomes eligible to receive the reduced benefit.	760

(3) Once a member elects to receive a reduced benefit	761
determined by the schedule in division (D)(C)(1) of this section	762
and has received a payment, the member may not reelect to change	763
that election.	764

(4) If a member who has resigned or been discharged has left	765
on deposit the member's accumulated contributions in the	766
employees' savings fund and has not elected to receive a reduced	767
benefit determined by the schedule in division (D)(C)(1) of this	768
section, upon attaining fifty-two years of age, the member shall	769
be entitled to receive a benefit computed and paid under division	770
(B)(3) of this section.	771

(E)(D) A benefit paid under division (B),or (C), or (D) of	772
this section shall not exceed the lesser of ninety per cent of the	773
member's final average salary or the limit established by section	774
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	775
U.S.C.A. 415, as amended.	776

(F)(E)(1) A member with service credit as a PERS law	777
enforcement officer or a Hamilton county municipal court bailiff	778
and other service credit under this chapter may elect one of the	779
following:	780

(a) To have all the member's service credit under this	781
chapter, including credit for service as a PERS law enforcement	782
officer or a Hamilton county municipal court bailiff, used in	783
calculating a retirement allowance under division (A) of this	784
section if the member qualifies for an allowance under that	785
division;	786

(b) If the member qualifies for an allowance under division	787
(B)(2)(a) or (c), (C), or (D) of this section, to have the	788
member's service credit as a PERS law enforcement officer or	789
Hamilton county municipal court bailiff used in calculating a	790
benefit under thatthe appropriate division and the member's	791
credit for all service other than PERS law enforcement service or	792
service as a Hamilton county municipal court bailiff under this	793
chapter used in calculating a benefit consisting of a single life	794
annuity having a reserve equal to the amount of the member's	795
accumulated contributions and an equal amount of the employer's	796
contributions;	797

(c) If the member qualifies for an allowance under division	798
(B)(2)(b) of this section, to have the member's service credit as	799
a law enforcement officer while serving as a sheriff, deputy	800
sheriff, or township constable or police officer in a township	801
police department or district used in calculating a benefit under	802
division (B)(2)(b) of this section and the member's credit for all	803
other service under this chapter used in calculating a benefit	804
consisting of a single life annuity having a reserve equal to the	805
amount of the member's accumulated contributions and an equal	806
amount of the employer's contributions.	807

(2) Notwithstanding sections 145.01 and 145.30 of the	808
Revised Code, no more than four years of military service credit	809
granted under section 145.30 of the Revised Code and five years of	810
military service credit purchased under section 145.301 or 145.302	811
of the Revised Code shall be used in calculating service as a PERS	812
law enforcement officer or Hamilton county municipal court bailiff	813
or the total service credit of that person.	814

(3) Only credit for the member's service as a PERS law	815
enforcement officer or service credit obtained as a police officer	816
or state highway patrol trooper shall be used in computing the	817
benefitsbenefit of a member who qualifies for a benefit under	818
division (B), (C)(2)(a) or (c), or (D)(4) of this section for the	819
following:	820

(a) Any person who originally is commissioned and employed	821
as a deputy sheriff by the sheriff of any county, or who	822
originally is elected sheriff, on or after January 1, 1975;	823

(b) Any deputy sheriff who originally is employed as a	824
criminal bailiff or court constable on or after April 16, 1993;	825

(c) Any person who originally is appointed as a township	826
constable or police officer in a township police department or	827
district on or after January 1, 1981;	828

(d) Any person who originally is employed as a county	829
narcotics agent on or after September 26, 1984;	830

(e) Any person who originally is employed as an undercover	831
drug agent as defined in section 109.79 of the Revised Code,	832
department of public safety enforcement agent who prior to June	833
30, 1999, was a liquor control investigator, park officer, forest	834
officer, wildlife officer, state watercraft officer, park district	835
police officer, conservancy district officer, Ohio veterans' home	836
police officer, special police officer for a mental health	837
institution, special police officer for an institution for the	838
mentally retarded and developmentally disabled, or municipal	839
police officer on or after December 15, 1988;	840

(f) Any person who originally is employed as a state	841
university law enforcement officer on or after November 6, 1996;	842

(g) Any person who originally is employed as a Hamilton	843
county municipal court bailiff on or after November 6, 1996;	844

(h) Any person who is originally employed as a state	845
university law enforcement officer by the university of Akron on	846
or after September 16, 1998;	847

(i)(h) Any person who originally is employed as a preserve	848
officer on or after March 18, 1999;	849

(j)(i) Any person who originally is employed as a natural	850
resources law enforcement staff officer on or after March 18,	851
1999;	852

(k)(j) Any person who is originally employed as a department	853
of public safety enforcement agent on or after June 30, 1999.	854

(G)(k) Any person who is originally appointed as a regional	856
transit authority police officer or state highway patrol police	857
officer on or after the effective date of this amendment.	858

(4) Only credit for a member's service as a Hamilton county	859
municipal court bailiff or service credit obtained as a PERS law	860
enforcement officer, police officer, or state highway patrol	861
trooper shall be used in computing the benefit of a member who	862
qualifies for a benefit under division (B)(2)(b) or (c) or (4) of	863
this section for any person who originally is employed as a	864
Hamilton county municipal court bailiff on or after November 6,	865
1996.	866

(F) Retirement allowances determined under this section	867
shall be paid as provided in section 145.46 of the Revised Code.	868

(H)(G) For the purposes of this section, service prior to	869
June 30, 1999, as a food stamp trafficking agent under former	870
section 5502.14 of the Revised Code shall be considered service as	871
a PERS law enforcement officer.	872

Sec. 145.35.  (A) As used in this section, "on-duty illness	873
or injury" means an illness or injury that occurred during or	874
resulted from performance of duties under the direct supervision	875
of a member's appointing authority.	876

(B) The public employees retirement system shall provide	877
disability coverage to each member who has at least five years of	878
total service credit and disability coverage for on-duty illness	879
or injury to each member who is a PERS law enforcement officer or	880
Hamilton county municipal court bailiff, regardless of length of	881
service.	882

Not later than October 16, 1992, the public employees	883
retirement board shall give each person who is a member on July	884
29, 1992, the opportunity to elect disability coverage either	885
under section 145.36 of the Revised Code or under section 145.361	886
of the Revised Code. The board shall mail notice of the election,	887
accompanied by an explanation of the coverage under each of the	888
Revised Code sections and a form on which the election is to be	889
made, to each member at the member's last known address. The	890
board shall also provide the explanation and form to any member on	891
request.	892

Regardless of whether the member actually receives notice of	893
the right to make an election, a member who fails to file a valid	894
election under this section shall be considered to have elected	895
disability coverage under section 145.36 of the Revised Code. To	896
be valid, an election must be made on the form provided by the	897
retirement board, signed by the member, and filed with the board	898
not later than one hundred eighty days after the date the notice	899
was mailed, or, in the case of a form provided at the request of a	900
member, a date specified by rule of the retirement board. Once	901
made, an election is irrevocable, but if the member ceases to be a	902
member of the retirement system, the election is void. If a	903
person who makes an election under this section also makes an	904
election under section 3307.62 or 3309.39 of the Revised Code, the	905
election made for the system that pays a disability benefit to	906
that person shall govern the benefit.	907

Disability coverage shall be provided under section 145.361	908
of the Revised Code for persons who become members after July 29,	909
1992, and for members who elect under this division to be covered	910
under section 145.361 of the Revised Code.	911

The retirement board may adopt rules governing elections made	912
under this division.	913

(C) Application for a disability benefit may be made by a	914
member, by a person acting in the member's behalf, or by the	915
member's employer, provided the member has disability coverage	916
under section 145.36 or 145.361 of the Revised Code and is not	917
receiving a disability benefit under any other Ohio state or	918
municipal retirement program. Application must be made within two	919
years from the date the member's contributing service terminated,	920
unless the retirement board determines that the member's medical	921
records demonstrate conclusively that at the time the two-year	922
period expired, the member was physically or mentally	923
incapacitated for duty and unable to make an application.	924
Application may not be made by or for any person receiving age and	925
service retirement benefits under section 145.33, 145.331, 145.34,	926
or 145.37 of the Revised Code or any person who, pursuant to	927
section 145.40 of the Revised Code, has been paid the accumulated	928
contributions standing to the credit of the person's individual	929
account in the employees' savings fund. The application shall be	930
made on a form provided by the retirement board.	931

(D) The benefit payable to any member who is approved for a	932
disability benefit shall become effective on the first day of the	933
month immediately following the later of the following:	934

(1) The last day for which compensation was paid;

935

(2) The attainment of eligibility for a disability benefit.

936

(E) Medical examination of a member who has applied for a	937
disability benefit shall be conducted by a competent disinterested	938
physician or physicians selected by the board to determine whether	939
the member is mentally or physically incapacitated for the	940
performance of duty by a disabling condition either permanent or	941
presumed to be permanent. The disability must have occurred since	942
last becoming a member or have increased since last becoming a	943
member to such extent as to make the disability permanent or	944
presumed to be permanent. A disability is presumed to be	945
permanent if it is expected to last for a continuous period of not	946
less than twelve months following the filing of the application.	947

If the physician or physicians determine that the member	948
qualifies for a disability benefit, the board concurs with the	949
determination, and the member agrees to medical treatment as	950
specified in division (F) of this section, the member shall	951
receive a disability benefit under section 145.36 or 145.361 of	952
the Revised Code. The action of the board shall be final.	953

(F) The public employees retirement board shall adopt rules	954
requiring a disability benefit recipient, as a condition of	955
continuing to receive a disability benefit, to agree in writing to	956
obtain any medical treatment recommended by the board's physician	957
and submit medical reports regarding the treatment. If the board	958
determines that a disability benefit recipient is not obtaining	959
the medical treatment or the board does not receive a required	960
medical report, the disability benefit shall be suspended until	961
the treatment is obtained, the report is received by the board, or	962
the board's physician certifies that the treatment is no longer	963
helpful or advisable. Should the recipient's failure to obtain	964
treatment or submit a medical report continue for one year, the	965
recipient's right to the disability benefit shall be terminated as	966
of the effective date of the original suspension.	967

(G) In the event an employer files an application for a	968
disability benefit as a result of a member having been separated	969
from service because the member is considered to be mentally or	970
physically incapacitated for the performance of the member's	971
present duty, and the physician or physicians selected by the	972
board reports to the board that the member is physically and	973
mentally capable of performing service similar to that from which	974
the member was separated and the board concurs in the report, the	975
board shall so certify to the employer and the employer shall	976
restore the member to the member's previous position and salary or	977
to a similar position and salary.	978

Sec. 145.49. (A) Notwithstanding section 145.47 of the	979
Revised Code, the:	980

(1) The public employees retirmentretirement system shall	981
be authorized to calculate the employee contribution rates	982
separately for those public employees contributing toward benefits	983
under division (B), (C), or (D) of section 145.33 of the Revised	984
Code.to the retirement system for services as a Hamilton county	985
municipal court bailiff.	986

(2) Each public employee contributing toward benefits under	987
division (B)(2)(b) of section 145.33 of the Revised Codeto the	988
public employees retirement system as a PERS law enforcement	989
officer shall contribute to the employees' savings fund the sum	990
of oneten and one-tenth per cent of the employee's earnable	991
salary and the employee contribution rate calculated for employees	992
contributing toward benefits under division (B)(2)(a) of section	993
145.33 of the Revised Code, notwithstanding section 145.47 of the	994
Revised Code.	995

(B) Notwithstanding section 145.48 of the Revised Code, the	996
public employees retirement system shall be authorized to	997
calculate the employer contribution rates separately for those	998
public employees contributing toward benefits under division (B),	999
(C), or (D) of section 145.33 of the Revised Codeto the	1000
retirement system for service as a PERS law enforcement officer or	1001
a Hamilton county municipal court bailiff, except that the	1002
employer contribution rate shall not exceed eighteen and one-tenth	1003
per cent of the earnable salaries of those employees.	1004

Sec. 3309.312.  (A) Not later than ninety days after	1005
September 16, 1998, a member who, on September 16, 1998, is	1006
employed full-timefull time pursuant to section 3345.04 of the	1007
Revised Code by the university of Akron as a state university law	1008
enforcement officer may elect to transfer to the public employees	1009
retirement system in accordance with this section. An election	1010
shall be made by giving notice to the school employees retirement	1011
system on a form provided by the school employees retirement board	1012
and shall be irrevocable.	1013

(B) When a member makes the election described in this	1014
section, the school employees retirement system shall notify the	1015
public employees retirement system. The school employees	1016
retirement system shall transfer all of the member's service	1017
credit to the public employees retirement system and shall certify	1018
to the public employees retirement system a copy of the member's	1019
records of service and contributions. For each year or portion of	1020
a year of credit, the school employees retirement system shall	1021
transfer to the public employees retirement system all of the	1022
following:	1023

(1) An amount equal to the accumulated contributions	1024
standing to the member's credit;	1025

(2) An amount equal to the total employer contributions paid	1026
on behalf of the member;	1027

(3) Any amount paid by the member or employer to the school	1028
employees retirement system for the purchase of service credit.	1029

At the request of the public employees retirement system, the	1030
employer of a member who makes an election under this section	1031
shall certify to the public employees retirement system the	1032
member's salary.	1033

(C) A member who elects to transfer to the public employees	1034
retirement system under this section shall make contributions and	1035
receive benefits in accordance with divisions (B) to (G)(F) of	1036
section 145.33 of the Revised Code.	1037

(D) A member who fails to make an election in accordance	1038
with this section shall remain a member of the school employees	1039
retirement system.	1040

Section 2.  That existing sections 145.01, 145.321, 145.33,	1041
145.35, 145.49, and 3309.312 of the Revised Code are hereby	1042
repealed.	1043

Section 3.  As used in this section, "regional transit	1044
authority police officer" and "state highway patrol police	1045
officer" have the same meaning as in section 145.01 of the Revised	1046
Code, as amended by this act.	1047

Not later than ninety days after the effective date of this	1048
act, each regional transit authority police officer and state	1049
highway patrol police officer who is a member of the Public	1050
Employees Retirement System shall indicate to the system, on a	1051
form supplied by the retirement system, a choice of whether to	1052
receive benefits under division (A) of section 143.33 of the	1053
Revised Code or under division (B) of that section.	1054

Section 4.  Section 145.01 of the Revised Code is presented	1056
in this act as a composite of the section as amended by Am. Sub.	1057
H.B. 628, Am. Sub. H.B. 640, and Am. Sub. S.B. 144 of the 123rd	1058
General Assembly. The General Assembly, applying the principle	1059
stated in division (B) of section 1.52 of the Revised Code that	1060
amendments are to be harmonized if reasonably capable of	1061
simultaneous operation, finds that the composite is the resulting	1062
version of the section in effect prior to the effective date of	1063
the section as presented in this act.	1064