Sec. 742.32. The fiscal officer of each employer shall | 12 |
transmit monthly to the secretary of the board of
trustees of
the | 13 |
Ohio police and
fire pension fund a report of
employee deductions | 14 |
in such form as the
board requires. The report shall show all | 15 |
deductions for the
fund made pursuant to section 742.31 of the | 16 |
Revised Code and
shall be accompanied by payments covering the | 17 |
total of
such deductions.
The report shall also include the name | 18 |
of
each member for whom deductions were made and the portion of | 19 |
the
payment attributed to that member. Separate payments shall be | 20 |
so
transmitted for that portion of such deductions made from the | 21 |
salaries of members of the police department and for that portion | 22 |
of such deductions made from the salaries of members of the fire | 23 |
department.
The report and payment are due the last day of the | 24 |
month following the last day of the reporting period. A penalty | 25 |
of five per cent of the total amount due
for the particular | 26 |
reporting perioddetermined under section
742.352 of the Revised | 27 |
Code shall be
addedwhenassessed if any of the
following occur: | 28 |
The secretary of the board, after making a record of
all such | 41 |
receipts and crediting each employee's individual
account with the | 42 |
amount deducted from the employee's salary,
shall deposit
the | 43 |
receipts with the treasurer of state for use as provided by
this | 44 |
chapter. Where an employer fails to deduct
contributions for any | 45 |
employee and transmit such amounts to the
fund, the board may make | 46 |
a determination of the employee's
liability for contributions and | 47 |
certify to the employer the
amounts due for collection in the same | 48 |
manner and subject to the
same penalties as payments due the | 49 |
employer's contributions
funds. | 50 |
Each employer shall pay its annual
police officer employers' | 54 |
contribution and
firefighter employers' contribution in
four equal | 55 |
installments promptly as provided in sections
742.33 and 742.34 of | 56 |
the Revised Code.
SixtyIf an employer fails to make a payment
on | 57 |
or before the date that is sixty days after
the
date
an | 58 |
installment is due, any
amounts
which remain unpaid shall be | 59 |
subject tolast day of the
calendar quarter, a penalty
for late | 60 |
payment in the amount of five
per
centdetermined under section | 61 |
742.352 of the Revised Code
shall be assessed against the | 62 |
employer. In addition, interest on
past due accounts and | 63 |
penalties
may be charged at a rate
determined by the board
of | 64 |
trustees of the Ohio
police and fire
pension fund from the date | 65 |
the installment is due to
the date of
payment. | 66 |
Upon certification by the board to the county auditor of an | 67 |
amount due from any employer within the county who is subject to | 68 |
this chapter, by reason of such employer's delinquency in making | 69 |
employer contribution payments to the fund for past
yearsmonths, | 70 |
such
amount shall be withheld from such employer from any funds in | 71 |
the
hands of the county treasurer for distribution to such | 72 |
employer.
Upon receipt of such certification, the county auditor | 73 |
shall draw
a warrant against such funds in favor of the fund for | 74 |
the amount. | 75 |
Sec. 742.351. (A) On receipt of written notice of a | 76 |
member's
election to retire under division (C) of section 742.37 | 77 |
of the
Revised Code, the Ohio police and
fire pension fund shall | 78 |
request from the employer verification of the member's
termination | 79 |
date and any other information the fund
determines necessary to | 80 |
calculate and pay a pension under that
division. The request | 81 |
shall be on a form created by the fund and
specify the date by | 82 |
which the information must be received by the
fund, which shall be | 83 |
sixty days after the form is sent by the
fund. | 84 |
(C) The fund shall assess against an employer that fails to | 94 |
return the completed form by the end of the period described in | 95 |
division
(B)(2) of this section a
fine of one hundred dollars per | 96 |
day. The period for which the fine shall be imposed begins the | 97 |
thirty-first
day after the
date notice is mailed under division | 98 |
(B)(2) of this section and
ends on the day before the day the | 99 |
completed form is received by the fund.
Any amount due from an | 100 |
employer under this division shall be collected from the county | 101 |
auditor in the
manner provided in
section 742.35 of the Revised | 102 |
Code for delinquent contributionspenalty determined under section | 103 |
742.353 of the Revised Code. | 104 |
(D) The fund shall make one or more monthly payments to a | 105 |
member
whose pension does not commence by the ninety-first day | 106 |
after the fund
sends a request for information under division (A) | 107 |
of this
section due to the employer's failure to return the | 108 |
completed form required under this
section. Payment under this | 109 |
division shall commence on the first day of the second month | 110 |
following a month that includes a day for which an assessment | 111 |
against the employer is required under division (C) of this | 112 |
section. The payment shall be an amount equal to
one hundred | 113 |
dollars for every day that an
assessment is requiredthe penalty | 114 |
assessed under division (C) of this section less any | 115 |
administrative costs incurred by the fund in complying with this | 116 |
section.
Payment shall continue
on a monthly basis until the | 117 |
member receives the total amount attributable to
the required | 118 |
penalty
for an employer's failure to return the form that was | 119 |
requested
for that member's information. | 120 |
Sec. 742.38. (A)(1) The
board of trustees of the Ohio | 185 |
police and fire
pension fund shall adopt rules establishing | 186 |
minimum medical testing and
diagnostic
standards or procedures to | 187 |
be incorporated into physical examinations
administered by | 188 |
physicians
to prospective
members of the fund. The standards or | 189 |
procedures shall include diagnosis and
evaluation of the existence | 190 |
of any heart disease,
cardiovascular disease, or respiratory | 191 |
disease. The
rules shall specify the form of the physician's | 192 |
report and the
information to be included in it. | 193 |
(2) Division (A)(2) of
this section applies to an employee | 202 |
who becomes a member of the
fund on or after the date the minimum | 203 |
standards or procedures
described in division (A)(1) of
this | 204 |
section take effect.
Not later than thirty days after such anFor | 205 |
each employee
becomes a member of the funddescribed in division | 206 |
(A)(2) of this section, the employer shall
forward to the board a | 207 |
copy of the physician's report of a
physical examination that | 208 |
incorporates the standards or
procedures described in division | 209 |
(A)(1) of this section. If an
employer fails to forward the | 210 |
report
in the form required by the board on or before the date | 211 |
that is sixty days after the employee
becomes a member of the | 212 |
fund, the board shall assess
against the
employer a
fine of one | 213 |
hundred dollars per day,
beginning with the
first day after the | 214 |
date the report is due
and ending on the last
day prior to the | 215 |
date the report is
received by the board. Any
amount due from an | 216 |
employer under
division (A)(2) of this section
may be collected | 217 |
from the county auditor in the same manner as
is
provided in | 218 |
section 742.35 of the
Revised Codepenalty determined
under | 219 |
section 742.353 of the Revised Code. | 220 |
(B) Application for a disability benefit may be made by a | 221 |
member of the fund or, if the member is incapacitated as defined | 222 |
in rules
adopted by the board, by a person acting on the member's | 223 |
behalf. Not later
than fourteen days after receiving
an | 224 |
application for a disability benefit from a member or a person | 225 |
acting on behalf of a member, the board shall notify the
member's | 226 |
employer that an application has been filed. The
notice shall | 227 |
state the member's position or rank. Not
later than twenty-eight | 228 |
days after receiving the notice or
filing an application on behalf | 229 |
of a member, the employer shall
forward to the board a statement | 230 |
certifying the member's job
description and any other information | 231 |
required by the board to
process the application. | 232 |
If the member applying for a
disability benefit becomes a | 233 |
member of the fund prior to the date
the minimum standards or | 234 |
procedures described in division
(A)(1) of this section take | 235 |
effect, the board may request from the member's employer a copy
of | 236 |
the physician's report of the member's physical examination
taken | 237 |
on entry into the police or fire department. Not later
than | 238 |
twenty-eight days after receiving a request from the board,
the | 239 |
employer shall forward a copy of the report or, if the
employer | 240 |
does not have a copy of the report, a written statement
certifying | 241 |
that the employer does not have a copy of the report.
If an | 242 |
employer fails to forward the report or statement
in the form | 243 |
required by the board on or before the
date that is twenty-eight | 244 |
days after the date of the request, the
board shall assess against | 245 |
the employer a
fine of one hundred
dollars per day, beginning with | 246 |
the first day after the date the
report or statement is due and | 247 |
ending on the last day prior to
the
date the report or statement | 248 |
is received by the board. Any
amount
due from an employer under | 249 |
this division may be
collected from the
county auditor in the same | 250 |
manner as is provided
in section 742.35
of the Revised Code | 251 |
penalty determined under section 742.353 of
the Revised Code. The | 252 |
board shall
maintain the information
submitted under this division | 253 |
and division
(A)(2) of this section
in the member's
file. | 254 |
A member of the fund who is permanently and totally
disabled | 290 |
as the result of the performance of the member's
official duties | 291 |
as a member of a police or fire department shall
be paid annual | 292 |
disability benefits in accordance with division
(A) of section | 293 |
742.39 of the Revised Code. In determining whether a
member of | 294 |
the fund is permanently and totally disabled, the board shall | 295 |
consider standards adopted under division (C) of this section | 296 |
applicable to the determination. | 297 |
(2) A member of the fund who is partially disabled as the | 298 |
result of the performance of the member's official duties as a | 299 |
member of a police or fire department shall, if the disability | 300 |
prevents the
member from performing those duties and impairs the | 301 |
member's earning capacity,
receive annual
disability benefits in | 302 |
accordance with division
(B) of section 742.39 of the Revised | 303 |
Code. In determining whether a member of the
fund is
partially | 304 |
disabled, the board shall consider standards adopted under | 305 |
division
(C) of this section applicable to the determination. | 306 |
(3) A member of the fund who is disabled as a result of | 307 |
heart disease or
any
cardiovascular or respiratory disease of a | 308 |
chronic nature, which disease or any evidence of which disease
was | 309 |
not revealed by the physical examination passed by the
member on | 310 |
entry into the department, is presumed to have
incurred the | 311 |
disease while performing the member's official
duties, unless the | 312 |
contrary is shown by competent
evidence. | 313 |
(4) A member of the fund who has completed five or more | 314 |
years of active service in a police or fire department and has | 315 |
incurred a disability not caused or induced by the actual | 316 |
performance of the member's official duties as a member of the | 317 |
department, or by the member's own negligence, shall if the | 318 |
disability
prevents the member from performing those duties and | 319 |
impairs the member's
earning capacity, receive
annual disability | 320 |
benefits in accordance with division
(C) of section 742.39 of the | 321 |
Revised Code. In determining whether a member of
the
fund is | 322 |
disabled,
the board shall consider standards adopted under | 323 |
division
(C) of this section applicable
to the determination. | 324 |
(5) The board shall notify a member of its final action | 325 |
awarding a disability benefit to the member within thirty days
of | 326 |
the final action. The notice shall be sent by certified
mail, | 327 |
return receipt requested. Not later than ninety days
after | 328 |
receipt of notice from the board, the member shall elect,
on a | 329 |
form provided by the board, either to accept or waive the | 330 |
disability benefit award. If the member elects to waive the | 331 |
disability benefit award or fails to make an election within the | 332 |
time period, the award is rescinded. A member who later seeks a | 333 |
disability benefit award shall be required to make a new | 334 |
application, which shall be dealt with in accordance with the | 335 |
procedures used for original disability benefit
applications. | 336 |
With the exception of persons who may make application for | 343 |
increased
benefits as provided in
division (2) or (4) of this | 344 |
section or division (C)(3) or (5) of
former section 742.37 of the | 345 |
Revised Code on or after
July 24, 1986, or persons who may
make | 346 |
application for benefits as provided in section 742.26 of
the | 347 |
Revised Code, no person receiving a pension or
benefit under this | 348 |
section or division (C) of former
section 742.37 of the Revised | 349 |
Code
may apply for
any new, changed, or different benefit. | 350 |
(3) The procedure to be followed by the fund to determine | 370 |
for each request the amount to be deducted, the number of | 371 |
deductions to be made, and the interval at which deductions will | 372 |
be made. The rules may provide for a minimum amount for each | 373 |
deduction or a maximum number of deductions for the purchase of | 374 |
any type of credit, but shall provide that no deduction may
exceed | 375 |
the member's net compensation after all deductions and | 376 |
withholdings required by law. | 377 |
(C) If the trustees of the fund establish a payroll | 384 |
deduction plan under this section, the trustees shall certify to | 385 |
the member's employer for each member for which deductions are to | 386 |
be made, the amount of each deduction and the payrolls from which | 387 |
deductions are to be made. The employer shall make the
deductions | 388 |
as certified and transmit the amounts deducted
in
accordance with | 389 |
the rules established by the trustees under this
sectionon or | 390 |
before the last day of the month following the last day of the | 391 |
reporting period during
which the deductions are made. The | 392 |
deduction shall be accompanied by a report, in such form as the | 393 |
board requires, that includes the name of each member for whom | 394 |
deductions were made and the deductions attributed to that member. | 395 |
If the employer fails to transmit
the deductions or the report on | 396 |
or before the last day of the month following the last day of
the | 397 |
reporting period during which the deductions are made, a penalty | 398 |
determined under section 742.352
shall
be assessed against the | 399 |
employer. On certification by the board
to the county auditor of | 400 |
an amount due from an employer within the
county who is subject to | 401 |
this division, by reason of the
employer's delinquency in | 402 |
transmitting amounts due under this
division for past months, | 403 |
those amounts shall be withheld from the
employer from any funds | 404 |
in the hands of the county treasurer for
distribution to the | 405 |
employer. On receipt of the certification,
the county auditor | 406 |
shall draw a warrant against the funds in favor
of the Ohio police | 407 |
and fire pension fund for the amount. | 408 |
(B)(1) Notwithstanding section 742.38 of the Revised Code, | 419 |
as that section existed immediately prior to the effective date of | 420 |
its amendment by this act, and subject to division (C) of this | 421 |
section, the Board of Trustees of the Ohio Police and Fire Pension | 422 |
Fund shall reduce by ninety per cent a fine incurred prior to the | 423 |
effective date of this section under division (A)(2) of section | 424 |
742.38 of the Revised Code if, prior to that date, the Board | 425 |
received from the employer who is subject to the fine the report | 426 |
that is the subject of the fine and the report was in the form | 427 |
provided in rules adopted by the Board. If the total amount of | 428 |
outstanding fines assessed against an employer under division | 429 |
(A)(2) of section 742.38 of the Revised Code exceeds $30,000 after | 430 |
the reduction required by this division, the board shall further | 431 |
reduce the total amount of the outstanding fines to $30,000. | 432 |
(2) Notwithstanding sections 742.32 and 742.35 of the | 433 |
Revised Code, as those sections existed immediately prior to the | 434 |
effective date of their amendment by this act, and subject to | 435 |
division (C) of this section, the Board shall reduce by fifty per | 436 |
cent a penalty incurred under section 742.32 or 742.35 of the | 437 |
Revised Code during the period beginning January 1, 2000, and | 438 |
ending on the effective date of this section, if on or before the | 439 |
date that is six months after the date the report and payment were | 440 |
due, the
Board
receives from the employer the report and payment | 441 |
that are the subject of
the
penalty and the report is in the form | 442 |
provided in rules
adopted by the Board. | 443 |
(2) If an employer fails to pay in accordance with division | 447 |
(C)(1) of this section, the Board shall reinstate to the original | 448 |
amount any fine or penalty that was reduced and the employer shall | 449 |
pay to the Fund the reinstated fine or penalty amount. If the | 450 |
employer fails to pay the reinstated fine or penalty amount, that | 451 |
amount shall be collected from the county auditor in the same | 452 |
manner as is provided in section 742.35 of the Revised Code. | 453 |
(D) Notwithstanding sections 117.28, 117.30, 117.33, 117.36, | 460 |
117.42, and 131.02 of the Revised Code, no civil action shall be | 461 |
instituted to recover the amount of a
reduction made under | 462 |
division (B)(1) or (2) of this section. An
employer who meets the | 463 |
requirements of divisions (B) and (C)(1) or divisions (B) and | 464 |
(C)(3) of
this section shall not
be required to reimburse the Fund | 465 |
for any
amount not paid as the
result of the reduction. | 466 |