REPRESENTATIVES Hughes, Womer Benjamin, Jones

To amend sections 145.295, 742.375, 3307.761, 3309.73,

1

5505.01, 5505.16, 5505.162, 5505.163, 5505.17,

2

5505.171, 5505.176, 5505.18, 5505.19, 5505.20,

3

5505.21, 5505.40, and 5505.403 and to enact

4

sections 5505.178, 5505.179, 5505.202, 5505.204,

5

and 5505.24 of the Revised Code to revise the law

6

governing the State Highway Patrol Retirement

7

System.

8

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

Section 1. That sections 145.295, 742.375, 3307.761, 3309.73,	9
5505.01, 5505.16, 5505.162, 5505.163, 5505.17, 5505.171, 5505.176,	10
5505.18, 5505.19, 5505.20, 5505.21, 5505.40, and 5505.403 be	11
amended and sections 5505.178, 5505.179, 5505.202, 5505.204, and	12
5505.24 of the Revised Code be enacted to read as follows:	13

Sec. 145.295.  (A) As used in this section, "military	14
service credit" means credit purchased or obtained under this	15
chapter or Chapter 742. or 5505. of the Revised Code for service	16
in the armed forces of the United States.	17

(B) A member of the public employees retirement system who	18
has contributions on deposit with, but is no longer contributing	19
to, the Ohio police and fire pension fund or state highway patrol	20
retirement system shall, in computing years of service, be given	21
full credit for service credit earned under Chapter 742. or 5505.	22
of the Revised Code or for military service credit if a transfer	23
to the public employees retirement system is made under this	24
division. At the request of the member, the Ohio police and fire	25
pension fund or the state highway patrol retirement system shall	26
transfer to the public employees retirement system, for each year	27
of service, the sum of the following:	28

(1) An amount equal to the member's accumulated	29
contributions to the Ohio police and fire pension fund or system	30
making the transfer, any payments by the member for military	31
service credit, and any amounts paid under section 742.375 or	32
5505.201 of the Revised Code to purchase service credit;	33

(2) An amount equal to the lesser of the employer's	34
contributions to the Ohio police and fire pension fund or state	35
highway patrol retirement system or the amount that would have	36
been contributed by the employer for the service had the member	37
been employed by the member's current employer as a member of the	38
public employees retirement system at the time the credit was	39
earned;	40

(3) Interest, determined as provided in division (H)(L) of	41
this section, on the amounts specified in divisions (B)(1) and (2)	42
of this section for the period from the last day of the year for	43
which the service credit in the transferringOhio police and fire	44
pension fund or system was earned or in which payment was made for	45
military service credit or credit under section 742.375 or	46
5505.201 of the Revised Code was purchased or obtained to the date	47
the transfer is made.	48

(C) A member of the public employees retirement system who	49
has at least eighteen months of contributing service credit with	50
the public employees retirement system, who is a former member of	51
the Ohio police and fire pension fund or state highway patrol	52
retirement system, and who has received a refund of the member's	53
accumulated contributions to that fund or system shall, in	54
computing years of service, be given full credit for service	55
credit earned under Chapter 742. or 5505. of the Revised Code or	56
for military service credit if, for each year of service, the	57
public employees retirement system receives the sum of the	58
following:	59

(1) An amount, which shall be paid by the member, equal to	60
the amount refunded by the Ohio police and fire pension fund or	61
the state highway patrol retirement system to the member for that	62
year for accumulated contributions and payments for military	63
service credit, with interest at a rate established by the public	64
employees retirement board on that amount from the date of the	65
refund to the date of the payment;	66

(2) Interest, which shall be transferred by the Ohio police	67
and fire pension fund or state highway patrol retirement system,	68
on the amount refunded to the member that is attributable to the	69
year of service from the last day of the year for which the	70
service credit was earned or in which payment was made for	71
military service credit to the date the refund was made;	72

(3) An amount, which shall be transferred by the Ohio police	73
and fire pension fund or state highway patrol retirement system,	74
equal to the lesser of the employer's contributions to the Ohio	75
police and fire pension fund or state highway patrol retirement	76
system or the amount that would have been contributed by the	77
employer for the service had the member been employed by the	78
member's current employer as a member of the public employees	79
retirement system at the time the credit was earned, with interest	80
on that amount from the last day of the year for which the service	81
credit was earned or in which payment was made for military	82
service credit to the date of the transfer.	83

(D) A member of the public employees retirement system who	84
has contributions on deposit with, but is no longer contributing	85
to, the state highway patrol retirement system shall, in computing	86
years of service, be given full credit for service credit earned	87
or purchased under Chapter 5505. of the Revised Code if a transfer	88
to the public employees retirement system is made under this	89
division. At the request of the member, the state highway patrol	90
retirement system shall transfer to the public employees	91
retirement system, for each year of service, the sum of the	92
following:	93

(1) An amount equal to the member's accumulated	94
contributions, as defined in section 5505.01 of the Revised Code,	95
to the state highway patrol retirement system;	96

(2) An amount equal to the lesser of the employer's	97
contributions to the state highway patrol retirement system or the	98
amount that would have been contributed by the employer for the	99
service had the member been employed by the member's current	100
employer as a member of the public employees retirement system at	101
the time the credit was earned or purchased;	102

(3) Interest, determined as provided in division (L) of	103
this section, on the amounts specified in divisions (D)(1) and (2)	104
of this section for the period from the last day of the year for	105
which the service credit in the state highway patrol retirement	106
system was earned or purchased to the date the transfer is made.	107

(E)(1) A member of the public employees retirement system	108
who has at least eighteen months of contributing service credit	109
with the public employees retirement system, is a former member of	110
the state highway patrol retirement system, and has received a	111
payment under section 5505.19 of the Revised Code on or after the	112
effective date of this amendment shall, in computing years of	113
service, be given full credit for service credit earned or	114
purchased under Chapter 5505. of the Revised Code if, for each	115
year of service, the public employees retirement system receives	116
the sum of the following as reduced by division (E)(2) of this	117
section:	118

(a) An amount, which shall be paid by the member, equal to	119
the amount paid to the member under section 5505.19 of the Revised	120
Code for that year, with interest at a rate established by the	121
public employees retirement board on that amount from the date of	122
the payment to the member under that section to the date of the	123
payment from the member under this section;	124

(b) An amount, which shall be transferred by the state	125
highway patrol retirement system, equal to the lesser of the	126
employer's contributions to the state highway patrol retirement	127
system or the amount that would have been contributed by the	128
employer for the service had the member been employed by the	129
member's current employer as a member of the public employees	130
retirement system at the time the credit was earned or purchased,	131
with interest on that amount from the last day of the year for	132
which the service credit was earned or purchased to the date of	133
the transfer.	134

(2) The amount the state highway patrol retirement system	135
transfers under division (E)(1)(b) of this section shall be	136
reduced by any amount paid to the member under section 5505.19 of	137
the Revised Code that is attributable to section 5505.24 of the	138
Revised Code.	139

(F) A member of the public employees retirement system who	140
has at least eighteen months of contributing service credit with	141
the public employees retirement system, who is a former member of	142
the state highway patrol retirement system, and who has received a	143
payment under section 5505.19 of the Revised Code before the	144
effective date of this amendment shall, in computing years of	145
service, be given full credit for service credit earned or	146
purchased under Chapter 5505. of the Revised Code if, for each	147
year of service, the public employees retirement system receives	148
the sum of the following:	149

(1) An amount, which shall be paid by the member, equal to	150
the amount paid to the member under section 5505.19 of the Revised	151
Code for that year, with interest at a rate established by the	152
public employees retirement board on that amount from the date of	153
the payment to the member under that section to the date of the	154
payment from the member under this section;	155

(2) Interest, which shall be transferred by the state	156
highway patrol retirement system, on the amount paid to the member	157
under section 5505.19 of the Revised Code that is attributable to	158
the year of service from the last day of the year for which the	159
service credit was earned or purchased to the date the payment to	160
the member was made under that section;	161

(3) An amount, which shall be transferred by the state	162
highway patrol retirement system, equal to the lesser of the	163
employer's contributions to the state highway patrol retirement	164
system or the amount that would have been contributed by the	165
employer for the service had the member been employed by the	166
member's current employer as a member of the public employees	167
retirement system at the time the credit was earned or purchased,	168
with interest on that amount from the last day of the year for	169
which the service credit was earned or purchased to the date of	170
the transfer.	171

(G) On receipt of payment from the member under division	172
(C), (E), or (F) of this section, the public employees retirement	173
system shall notify the Ohio police and fire pension fund or the	174
state highway patrol retirement system, as appropriate which, on	175
receipt of the notice, shall make the transfer required by this	176
division (C), (E), or (F) of this section. Interest shall be	177
determined as provided in division (H)(L) of this section.	178

(D)(H) A member of the public employees retirement system	179
who purchased credit under former division (A)(1) of this section,	180
as it existed before August 25, 1995, for service as a member of	181
the Ohio police and fire pension fund or state highway patrol	182
retirement system may elect to have the amount the member paid for	183
this service credit refunded to the member under this division if	184
the member agrees to repurchase this service credit pursuant to	185
division (C), (E), or (F) of this section.	186

(E)(I) Service credit purchased or otherwise obtained under	187
this section shall be considered the equivalent of Ohio service	188
credit.	189

A member may choose to purchase only part of the credit the	190
member is eligible to purchase under division (C), (E), or (F) of	191
this section in any one payment, subject to rules of the public	192
employees retirement board. A member is ineligible to purchase or	193
otherwise obtain credit under this section for service to be used	194
in calculation of any retirement benefit currently being paid or	195
payable to the member in the future.	196

(F)(J) If a member of the public employees retirement system	197
who is not a current contributor elects to receive credit under	198
section 742.21 or 5505.40 of the Revised Code for service for	199
which the member contributed to the retirement system or made	200
payment for military service credit, the retirement system shall	201
transfer to the Ohio police and fire pension fund or the state	202
highway patrol retirement system, as applicable, the amount	203
specified in division (D) of section 742.21 or division (B)(2) of	204
section 5505.40 of the Revised Code.	205

(G)(K) A member of the public employees retirement system	206
who earned service credit in the public employees retirement	207
system for full-time service as a township or municipal police	208
officer and received service credit in the Ohio police and fire	209
pension fund under section 742.511 or 742.512 of the Revised Code	210
for such service may elect to have the credit restored as public	211
employees retirement system service credit by paying the public	212
employees retirement system an amount equal to the accumulated	213
contributions paid by the member to the Ohio police and fire	214
pension fund under section 742.511 or 742.512 of the Revised Code.	215
When such an election is made, the Ohio police and fire pension	216
fund shall transfer to the public employees retirement system the	217
amount previously transferred under section 742.511 or 742.512 of	218
the Revised Code from the public employees retirement system to	219
the Ohio police and fire pension fund.	220

(H)(L) Interest charged under this section shall be	221
calculated separately for each year of service credit. Unless	222
otherwise specified in this section, it shall be calculated at the	223
lesser of the actuarial assumption rate for that year of the	224
public employees retirement system or of the fund or retirement	225
system in which the credit was earned or purchased. The interest	226
shall be compounded annually.	227

(I)(M) At the request of the public employees retirement	228
system, the Ohio police and fire pension fund or state highway	229
patrol retirement system shall certify to the public employees	230
retirement system a copy of the records of the service and	231
contributions of a public employees retirement system member who	232
seeks service credit under this section.	233

Sec. 742.375.  A member of the fund who is in the active	234
service of a police or fire department and is not receiving a	235
pension or benefit payment from the Ohio police and fire pension	236
fund shall, in computing years of active service in such	237
department under division (C) of section 742.37 or section 742.39	238
of the Revised Code, be given full credit for the time served in	239
the state highway patrol retirement system, provided such member	240
pays into the Ohio police and fire pension fund the amount	241
received by the member under section 5505.19 of the Revised Code,	242
with interest compounded annually thereon at a rate to be	243
determined by the board of trustees of the Ohio police and fire	244
pension fund from the date of such receipt to the date of such	245
deposit. The member may choose to purchase only part of such	246
credit in any one payment, subject to board rules.	247

Upon certification by the board to the board of the state	248
highway patrol retirement system of such payment by the member of	249
the fund, the state highway patrol retirement board shall pay from	250
the employer's accumulation fund under division (C) of section	251
5505.03 of the Revised Code to the Ohio police and fire pension	252
fund an amount equal to the payment of the member of the fund less	253
any amount of the payment attributable to section 5505.24 of the	254
Revised Code.	255

Sec. 3307.761.  (A) As used in this section, "military	256
service credit" means credit purchased or obtained under this	257
chapter or Chapter 742. or 5505. of the Revised Code for service	258
in the armed forces of the United States.	259

(B) A member of the state teachers retirement system	260
participating in the plan described in sections 3307.50 to 3307.79	261
of the Revised Code who has contributions on deposit with, but is	262
no longer contributing to, the Ohio police and fire pension fund	263
or the state highway patrol retirement system shall, in computing	264
years of total service, be given full credit for service credit	265
earned under Chapter 742. or 5505. of the Revised Code or for	266
military service credit if a transfer to the state teachers	267
retirement system is made under this division. At the request of	268
the member, the Ohio police and fire pension fund or state highway	269
patrol retirement system shall transfer to the state teachers	270
retirement system, for each year of service, the sum of the	271
following:	272

(1) An amount equal to the member's accumulated	273
contributions to the transferringOhio police and fire pension	274
fund or system, any payments by the member for military service	275
credit, and any amounts paid under section 742.375 or 5505.201 of	276
the Revised Code to purchase service credit;	277

(2) An amount equal to the lesser of the employer's	278
contributions to the Ohio police and fire pension fund or state	279
highway patrol retirement system or the amount that would have	280
been contributed by the employer for the service had the member	281
been a member of the state teachers retirement system at the time	282
the credit was earned;	283

(3) Interest, determined as provided in division (F)(J) of	284
this section, on the amounts specified in divisions (B)(1) and (2)	285
of this section from the last day of the year for which the	286
service credit in the transferringOhio police and fire pension	287
fund or system was earned or in which payment was made for	288
military service credit or service credit under section 742.375	289
or 5505.201 of the Revised Code was purchased or obtained to the	290
date the transfer is made.	291

(C) A member participating in the plan described in sections	292
3307.50 to 3307.79 of the Revised Code who has at least eighteen	293
months of contributing service with the state teachers retirement	294
system, is a former member of the Ohio police and fire pension	295
fund or state highway patrol retirement system, and has received a	296
refund of contributions to that fund or system shall, in computing	297
years of total service, be given full credit for service credit	298
earned under Chapter 742. or 5505. of the Revised Code or for	299
military service credit if, for each year of service, the state	300
teachers retirement system receives the sum of the following:	301

(1) An amount, which shall be paid by the member, equal to	302
the amount refunded by the Ohio police and fire pension fund or	303
the state highway patrol retirement system to the member for that	304
year for accumulated contributions and payments for military	305
service credit, with interest at a rate established by the state	306
teachers retirement board on that amount from the date of the	307
refund to the date of the payment;	308

(2) Interest, which shall be transferred by the Ohio police	309
and fire pension fund or state highway patrol retirement system,	310
on the amount refunded to the member that is attributable to the	311
year of service from the last day of the year for which the	312
service credit was earned or in which payment was made for	313
military service credit to the date the refund was made;	314

(3) An amount, which shall be transferred by the Ohio police	315
and fire pension fund or state highway patrol retirement system,	316
equal to the lesser of the employer's contributions to the Ohio	317
police and fire pension fund or state highway patrol retirement	318
system or the amount that would have been contributed by the	319
employer for the service had the member been a member of the	320
state teachers retirement system at the time the credit was	321
earned, with interest on that amount from the last day of the year	322
for which the service credit was earned or in which payment was	323
made for military service to the date of the transfer.	324

(D) A member participating in the plan described in	325
sections 3307.50 to 3307.79 of the Revised Code who has	326
contributions on deposit with, but is no longer contributing to,	327
the state highway patrol retirement system shall, in computing	328
years of total service, be given full credit for service credit	329
earned or purchased under Chapter 5505. of the Revised Code if a	330
transfer to the state teachers retirement system is made under	331
this division. At the request of the member, the state highway	332
patrol retirement system shall transfer to the state teachers	333
retirement system, for each year of service, the sum of the	334
following:	335

(1) An amount equal to the member's accumulated	336
contributions, as defined in section 5505.01 of the Revised Code,	337
to the state highway patrol retirement system;	338

(2) An amount equal to the lesser of the employer's	339
contributions to the state highway patrol retirement system or the	340
amount that would have been contributed by the employer for the	341
service had the member been a member of the state teachers	342
retirement system at the time the credit was earned or purchased;	343

(3) Interest, determined as provided in division (J) of	344
this section, on the amounts specified in divisions (D)(1) and (2)	345
of this section from the last day of the year for which the	346
service credit in the state highway patrol retirement system was	347
earned or purchased to the date the transfer is made.	348

(E)(1) A member participating in the plan described in	349
sections 3307.50 to 3307.79 of the Revised Code who has at least	350
eighteen months of contributing service credit with the state	351
teachers retirement system, is a former member of the state	352
highway patrol retirement system, and has received a payment under	353
section 5505.19 of the Revised Code on or after the effective date	354
of this amendment shall, in computing years of total service, be	355
given full credit for service credit earned or purchased under	356
Chapter 5505. of the Revised Code if, for each year of service,	357
the state teachers retirement system receives the sum of the	358
following as reduced by division (E)(2) of this section:	359

(a) An amount, which shall be paid by the member, equal to	360
the amount paid to the member under section 5505.19 of the Revised	361
Code for that year, with interest at a rate established by the	362
state teachers retirement board on that amount from the date of	363
the payment to the member under that section to the date of the	364
payment from the member under this section;	365

(b) An amount, which shall be transferred by the state	366
highway patrol retirement system, equal to the lesser of the	367
employer's contributions to the state highway patrol retirement	368
system or the amount that would have been contributed by the	369
employer for the service had the member been a member of the state	370
teachers retirement system at the time the credit was earned or	371
purchased, with interest on that amount from the last day of the	372
year for which the service credit was earned or purchased to the	373
date of the transfer.	374

(2) The amount the state highway patrol retirement system	375
transfers under division (E)(1)(b) of this section shall be	376
reduced by any amount paid to the member under section 5505.19 of	377
the Revised Code that is attributable to section 5505.24 of the	378
Revised Code.	379

(F) A member participating in the plan described in	380
sections 3307.50 to 3307.79 of the Revised Code who has at least	381
eighteen months of contributing service credit with the state	382
teachers retirement system, is a former member of the state	383
highway patrol retirement system, and has received a payment under	384
section 5505.19 of the Revised Code before the effective date of	385
this amendment shall, in computing years of total service, be	386
given full credit for service credit earned or purchased under	387
Chapter 5505. of the Revised Code if, for each year of service,	388
the state teachers retirement system receives the sum of the	389
following:	390

(1) An amount, which shall be paid by the member, equal to	391
the amount paid to the member under section 5505.19 of the Revised	392
Code for that year, with interest at a rate established by the	393
state teachers retirement board on that amount from the date of	394
the payment to the member under that section to the date of the	395
payment from the member under this section;	396

(2) Interest, which shall be transferred by the state	397
highway patrol retirement system, on the amount paid to the member	398
under section 5505.19 of the Revised Code that is attributable to	399
the year of service from the last day of the year for which the	400
service credit was earned or purchased to the date the payment to	401
the member was made under that section;	402

(3) An amount, which shall be transferred by the state	403
highway patrol retirement system, equal to the lesser of the	404
employer's contributions to the state highway patrol retirement	405
system or the amount that would have been contributed by the	406
employer for the service had the member been a member of the state	407
teachers retirement system at the time the credit was earned or	408
purchased, with interest on that amount from the last day of the	409
year for which the service credit was earned or purchased to the	410
date of the transfer.	411

(G) On receipt of payment from the member under division	412
(C), (E), or (F) of this section, the state teachers retirement	413
system shall notify the Ohio police and fire pension fund or the	414
state highway patrol retirement system, as appropriate, which, on	415
receipt of the notice, shall make the transfer required by this	416
division (C), (E), or (F) of this section. Interest shall be	417
determined as provided in division (F)(J) of this section.	418

A member may choose to purchase only part of the credit the	419
member is eligible to purchase under this division (C), (E), or	420
(F) of this section in any one payment, subject to rules of the	421
state teachers retirement board.	422

(D)(H) A member is ineligible to obtain credit under this	423
section for service that is used in the calculation of any	424
retirement benefit currently being paid or payable in the future.	425

(E)(I) If a member of the state teachers retirement system	426
who is not a current contributor elects to obtain credit under	427
section 742.21 or 5505.40 of the Revised Code for service for	428
which the member contributed to the state teachers retirement	429
system or made payment for military service credit, the state	430
teachers retirement system shall transfer to the Ohio police and	431
fire pension fund or state highway patrol retirement system, as	432
applicable, the amount specified in division (D) of section 742.21	433
or division (B)(2) of section 5505.40 of the Revised Code.	434

(F)(J) Interest charged under this section shall be	435
calculated separately for each year of service credit. Unless	436
otherwise specified in this section it shall be calculated at the	437
lesser of the actuarial assumption rate for that year of the state	438
teachers retirement system or of the fund or retirement system in	439
which the credit was earned. The interest shall be compounded	440
annually.	441

(G)(K) The state teachers retirement board shall credit to a	442
member's account in the teachers' savings fund the amounts	443
described in divisions (B)(1) and, (C)(1), (D)(1), and (F)(1) of	444
this section, except that the interest paid by the member under	445
division (C)(1) and (F)(1) of this section shall be credited to	446
the employers' trust fund. The state teachers retirement system	447
shall credit to a member's account in the teacher's savings fund	448
the amounts described in division (E)(1)(a) of this section,	449
except that the interest paid by the member under division	450
(E)(1)(a) of this section and any amount paid to the member under	451
section 5505.19 of the Revised Code that is attributable to	452
section 5505.24 of the Revised Code shall be credited to the	453
employers' trust fund. The board shall credit to the employers'	454
trust fund the amounts described in divisions (B)(2) and (3) and,	455
(C)(2) and (3), (D)(2) and (3), (E)(1)(b), and (F)(2) and (3) of	456
this section.	457

(H)(L) At the request of the state teachers retirement	458
system, the Ohio police and fire pension fund or state highway	459
patrol retirement system shall certify to the state teachers	460
retirement system a copy of the records of the service and	461
contributions of a state teachers retirement system member who	462
seeks service credit under this section.	463

Sec.  3309.73.  (A) As used in this section, "military	464
service credit" means service credit purchased or obtained under	465
this chapter or Chapter 742. or 5505. of the Revised Code for	466
service in the armed forces of the United States.	467

(B) A member of the school employees retirement system who	468
has contributions on deposit with, but is no longer contributing	469
to, the Ohio police and fire pension fund or the state highway	470
patrol retirement system shall, in computing years of total	471
service, be given full credit for service credit earned under	472
Chapter 742. or 5505. of the Revised Code or purchased or obtained	473
for military service credit if a transfer to the school employees	474
retirement system is made under this division. At the request of	475
the member, the Ohio police and fire pension fund or state highway	476
patrol retirement system shall transfer to the school employees	477
retirement system, for each year of service, the sum of the	478
following:	479

(1) An amount equal to the member's accumulated	480
contributions to the transferringOhio police and fire pension	481
fund or system, any payments by the member for military service	482
credit, and any amounts paid under section 742.375 or 5505.201 of	483
the Revised Code to purchase service credit;	484

(2) An amount equal to the lesser of the employer's	485
contributions to the Ohio police and fire pension fund or state	486
highway patrol retirement system or the amount that would have	487
been contributed by the employer for the service had the member	488
been a member of the school employees retirement system at the	489
time the credit was earned;	490

(3) Interest, determined as provided in division (F)(J) of	491
this section, on the amounts specified in divisions (B)(1) and (2)	492
of this section from the last day of the year for which the	493
service credit in the transferringOhio police and fire pension	494
fund or system was earned or in which payment was made for	495
military service credit or service credit under section 742.375 or	496
5505.201 of the Revised Code was purchased or obtained to the date	497
the transfer is made.	498

(C) A member who has at least eighteen months of	499
contributing service with the school employees retirement system,	500
is a former member of the Ohio police and fire pension fund or	501
state highway patrol retirement system, and has received a refund	502
of contributions to that fund or system shall, in computing years	503
of total service, be given full credit for service credit earned	504
under Chapter 742. or 5505. of the Revised Code or purchased or	505
obtained for military service if, for each year of service, the	506
school employees retirement system receives the sum of the	507
following:	508

(1) An amount, which shall be paid by the member, equal to	509
the amount refunded by the Ohio police and fire pension fund or	510
the state highway patrol retirement system to the member for that	511
year for accumulated contributions and payments for purchase of	512
credit for military service, with interest at a rate established	513
by the school employees retirement board on that amount from the	514
date of the refund to the date of the payment;	515

(2) Interest, which shall be transferred by the Ohio police	516
and fire pension fund or state highway patrol retirement system,	517
on the amount refunded to the member that is attributable to the	518
year of service from the last day of the year for which the	519
service credit was earned or in which payment was made for	520
military service credit to the date the refund was made;	521

(3) An amount, which shall be transferred by the Ohio police	522
and fire pension fund or state highway patrol retirement system,	523
that is equal to the lesser of the employer's contributions to	524
the Ohio police and fire pension fund or state highway patrol	525
retirement system or the amount that would have been contributed	526
by the employer for the service had the member been a member of	527
the school employees retirement system at the time the credit was	528
earned, with interest on that amount from the last day of the year	529
for which the service credit was earned or in which payment was	530
made for military service credit to the date of the transfer.	531

(D) A member of the school employees retirement system who	532
has contributions on deposit with, but is no longer contributing	533
to, the state highway patrol retirement system shall, in computing	534
years of total service, be given full credit for service credit	535
earned or purchased under Chapter 5505. of the Revised Code if a	536
transfer to the school employees retirement system is made under	537
this division. At the request of the member, the state highway	538
patrol retirement system shall transfer to the school employees	539
retirement system, for each year of service, the sum of the	540
following:	541

(1) An amount equal to the member's accumulated	542
contributions, as defined in section 5505.01 of the Revised Code,	543
to the state highway patrol retirement system;	544

(2) An amount equal to the lesser of the employer's	545
contributions to the state highway patrol retirement system or the	546
amount that would have been contributed by the employer for the	547
service had the member been a member of the school employees	548
retirement system at the time the credit was earned or purchased;	549

(3) Interest, determined as provided in division (J) of	550
this section, on the amounts specified in divisions (D)(1) and (2)	551
of this section from the last day of the year for which the	552
service credit in the state highway patrol retirement system was	553
earned or purchased to the date the transfer is made.	554

(E)(1) A member who has at least eighteen months of	555
contributing service credit with the school employees retirement	556
system, is a former member of the state highway patrol retirement	557
system, and has received a payment under section 5505.19 of the	558
Revised Code on or after the effective date of this amendment	559
shall, in computing years of total service, be given full credit	560
for service credit earned or purchased under Chapter 5505. of the	561
Revised Code if, for each year of service, the school employees	562
retirement system receives the sum of the following as reduced by	563
division (E)(2) of this section:	564

(a) An amount, which shall be paid by the member, equal to	565
the amount paid to the member under section 5505.19 of the Revised	566
Code for that year, with interest at a rate established by the	567
school employees retirement board on that amount from the date of	568
the payment to the member under that section to the date of the	569
payment from the member under this section;	570

(b) An amount, which shall be transferred by the state	571
highway patrol retirement system, that is equal to the lesser of	572
the employer's contributions to the state highway patrol	573
retirement system or the amount that would have been contributed	574
by the employer for the service had the member been a member of	575
the school employees retirement system at the time the credit was	576
earned or purchased, with interest on that amount from the last	577
day of the year for which the service credit was earned or	578
purchased to the date of the transfer.	579

(2) The amount the state highway patrol retirement system	580
transfers under division (E)(1)(b) of this section shall be	581
reduced by any amount paid to the member under section 5505.19 of	582
the Revised Code that is attributable to section 5505.24 of the	583
Revised Code.	584

(F) A member who has at least eighteen months of	585
contributing service credit with the school employees retirement	586
system, is a former member of the state highway patrol retirement	587
system, and has received a payment under section 5505.19 of the	588
Revised Code before the effective date of this amendment shall, in	589
computing years of total service, be given full credit for service	590
credit earned or purchased under Chapter 5505. of the Revised Code	591
if, for each year of service, the school employees retirement	592
system receives the sum of the following:	593

(1) An amount, which shall be paid by the member, equal to	594
the amount paid to the member under section 5505.19 of the Revised	595
Code for that year, with interest at a rate established by the	596
school employees retirement board on that amount from the date of	597
the payment to the member under that section to the date of the	598
payment from the member under this section;	599

(2) Interest, which shall be transferred by the state	600
highway patrol retirement system, on the amount paid to the member	601
under section 5505.19 of the Revised Code that is attributable to	602
the year of service from the last day of the year for which the	603
service credit was earned or purchased to the date the payment to	604
the member was made under that section;	605

(3) An amount, which shall be transferred by the state	606
highway patrol retirement system, that is equal to the lesser of	607
the employer's contributions to the state highway patrol	608
retirement system or the amount that would have been contributed	609
by the employer for the service had the member been a member of	610
the school employees retirement system at the time the credit was	611
earned or purchased, with interest on that amount from the last	612
day of the year for which the service credit was earned or	613
purchased to the date of the transfer.	614

(G) On receipt of payment from the member under division	615
(C), (E), or (F) of this section, the school employees retirement	616
system shall notify the Ohio police and fire pension fund or the	617
state highway patrol retirement system, as appropriate, which, on	618
receipt of the notice, shall make the transfer required by this	619
division (C), (E), or (F) of this section. Interest shall be	620
determined as provided in division (F)(J) of this section. The	621
member may choose to purchase only part of such credit in any one	622
payment, subject to board rules.	623

(D)(H) A member is ineligible to obtain service credit under	624
this section for service that is used in the calculation of any	625
retirement benefit currently being paid or payable in the future	626
to the member.	627

Service credit obtained under this section shall be	628
considered the equivalent of Ohio service credit.	629

(E)(I) If a member of the school employees retirement system	630
who is not a current contributor elects to obtain credit under	631
section 742.21 or 5505.40 of the Revised Code for service for	632
which the member contributed to the school employees retirement	633
system or made payment for military service credit, the school	634
employees retirement system shall transfer to the Ohio police and	635
fire pension fund or state highway patrol retirement system, as	636
applicable, the amount specified in division (D) of section 742.21	637
or division (B)(2) of section 5505.40 of the Revised Code.	638

(F)(J) Interest charged under this section shall be	639
calculated separately for each year of service credit. Unless	640
otherwise specified in this section, it shall be calculated at the	641
lesser of the actuarial assumption rate for that year of the	642
school employees retirement system or of the fund or retirement	643
system in which the credit was earned. The interest shall be	644
compounded annually.	645

(G)(K) At the request of the school employees retirement	646
system, the Ohio police and fire pension fund or state highway	647
patrol retirement system shall certify to the school employees	648
retirement system a copy of the records of the service and	649
contributions of a school employees retirement system member who	650
seeks service credit under this section.	651

Sec. 5505.01.  As used in this chapter:

652

(A) "Employee" means any qualified employee in the uniform	653
division of the state highway patrol, any qualified employee in	654
the radio division hired prior to November 2, 1989, and any state	655
highway patrol cadet attending training school pursuant to section	656
5503.05 of the Revised Code whose attendance at the school begins	657
on or after June 30, 1991. "Employee" includes the superintendent	658
of the state highway patrol. In all cases of doubt, the state	659
highway patrol retirement board shall determine whether any person	660
is an employee as defined in this division, and the decision of	661
the board is final.	662

(B) "Prior service" means all service rendered as an	663
employee of the state highway patrol prior to September 5, 1941,	664
to the extent credited by the board, provided that in no case	665
shall prior service include service rendered prior to November 15,	666
1933.	667

(C) "Total service" means all service rendered by an	668
employee to the extent credited by the board. Total service	669
includes all of the following:	670

(1) Contributing service rendered by the employee since last	671
becoming a member of the state highway patrol retirement system;	672

(2) All prior service credit;

673

(3) Restored service credit as provided in this chapter;

674

(4) Military service credit purchased under division (D) of	675
section 5505.16 or section 5505.25 of the Revised Code;	676

(5) Credit granted under division (C) of section 5505.17 or	677
section 5505.201, 5505.202, 5505.204, 5505.40, or 5505.402 of the	678
Revised Code;	679

(6) Credit for any period, not to exceed three years, during	680
which the member was out of service and receiving benefits under	681
Chapters 4121. and 4123. of the Revised Code.	682

(D) "Beneficiary" means any person, except a retirant, who	683
is in receipt of a pension or other benefit payable from funds of	684
the retirement system.	685

(E) "Regular interest" means interest compounded at rates	686
designated from time to time by the retirement board.	687

(F) "Plan" means the provisions of this chapter.

688

(G) "Retirement system" or "system" means the state highway	689
patrol retirement system created and established in the plan.	690

(H) "Contributing service" means all service rendered by a	691
member since September 4, 1941, for which deductions were made	692
from the member's salary under the plan.	693

(I) "Retirement board" or "board" means the state highway	694
patrol retirement board provided for in the plan.	695

(J) Except as provided in section 5505.18 of the Revised	696
Code, "member" means any employee included in the membership of	697
the retirement system, whether or not rendering contributing	698
service.	699

(K) "Retirant" means any member who retires with a pension	700
payable from the retirement system.	701

(L) "Accumulated contributions" means the sum of allthe	702
following credited to a member's individual account in the	703
employees' savings fund:	704

(1) All amounts deducted from the salary of a member and	705
credited to the member's individual account in the employees'	706
savings fund;	707

(2) All amounts paid by a member to purchase service credit	708
from the state highway patrol retirement system pursuant to this	709
chapter or other state law;	710

(3) Any interest on the amounts specified in division (L)(1)	711
and (2) of this section.	712

(M)(1) Except as provided in division (M)(2) of this	713
section, "final average salary" means the average of the highest	714
salary paid a member during any three consecutive or	715
nonconsecutive years.	716

If a member has less than three years of contributing	717
service, the member's final average salary shall be the average of	718
the annual rates of salary paid to the member during the member's	719
total years of contributing service.	720

(2) If a member is credited with service under division	721
(C)(6) of this section or division (D) of section 5505.16 of the	722
Revised Code, the member's final average salary shall be the	723
average of the highest salary that was paid to the member or would	724
have been paid to the member, had the member been rendering	725
contributing service, during any three consecutive or	726
nonconsecutive years. If that member has less than three years of	727
total service, the member's final average salary shall be the	728
average of the annual rates of salary that were paid to the member	729
or would have been paid to the member during the member's years of	730
total service.	731

(N) "Pension" means an annual amount payable by the	732
retirement system throughout the life of a person or as otherwise	733
provided in the plan. All pensions shall be paid in equal monthly	734
installments.	735

(O) "Pension reserve" means the present value of any	736
pension, or benefit in lieu of any pension, computed upon the	737
basis of mortality and other tables of experience and interest the	738
board shall from time to time adopt.	739

(P) "Deferred pension" means a pension for which an eligible	740
member of the system has made application and which is payable as	741
provided in division (A) or (B) of section 5505.16 of the Revised	742
Code.	743

(Q) "Retirement" means termination as an employee of the	744
state highway patrol, with application having been made to the	745
system for a pension or a deferred pension.	746

(R) "Fiduciary" means any of the following:

747

(1) A person who exercises any discretionary authority or	748
control with respect to the management of the system, or with	749
respect to the management or disposition of its assets;	750

(2) A person who renders investment advice for a fee, direct	751
or indirect, with respect to money or property of the system;	752

(3) A person who has any discretionary authority or	753
responsibility in the administration of the system.	754

(S)(1) Except as otherwise provided in this division,	755
"salary" means all compensation, wages, and other earnings paid to	756
a member by reason of employment but without regard to whether any	757
of the compensation, wages, or other earnings are treated as	758
deferred income for federal income tax purposes. Salary includes	759
all of the following:	760

(a) Payments for shift differential, hazard duty,	761
professional achievement, and longevity;	762

(b) Payments for occupational injury leave, personal leave,	763
sick leave, bereavement leave, administrative leave, and vacation	764
leave used by the member;	765

(c) Payments made under a disability leave program sponsored	766
by the state for which the state is required by section 5505.151	767
of the Revised Code to make periodic employer and employee	768
contributions to the retirement system.	769

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

770

(a) Payments resulting from the conversion of accrued but	771
unused sick leave, personal leave, compensatory time, and vacation	772
leave;	773

(b) Payments made by the state to provide life insurance,	774
sickness, accident, endowment, health, medical, hospital, dental,	775
or surgical coverage, or other insurance for the member or the	776
member's family, or amounts paid by the state to the member in	777
lieu of providing that insurance;	778

(c) Payments for overtime work;

779

(d) Incidental benefits, including lodging, food, laundry,	780
parking, or services furnished by the state, use of property or	781
equipment of the state, and reimbursement for job-related expenses	782
authorized by the state including moving and travel expenses and	783
expenses related to professional development;	784

(e) Payments made to or on behalf of a member that are in	785
excess of the annual compensation that may be taken into account	786
by the retirement system under division (a)(17) of section 401 of	787
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	788
401 (a)(17), as amended;	789

(f) Payments made under division (B) or (D) of section	790
5923.05 of the Revised Code or Section 4 of Substitute Senate Bill	791
No. 3 of the 119th general assembly.	792

(3) The retirement board shall determine by rule whether any	793
compensation, wages, or earnings not enumerated in this division	794
are salary, and its decision shall be final.	795

(T) "Actuary" means an individual who satisfies all of the	796
following requirements:	797

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

798

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

799

(3) Has a minimum of five years' experience in providing	800
actuarial services to public retirement plans.	801

Sec. 5505.16.  (A) A member of the state highway patrol	802
retirement system who has been in the service of the state highway	803
patrol for a period of twenty-five years as an employee according	804
to the rules adopted by the state highway patrol retirement board	805
may make application for a pension which, if the member is under	806
age forty-eight, shall be deferred until age forty-eight.	807

(B) A member of the retirement system who has been in the	808
service of the highway patrol for a period of twenty years as an	809
employee according to the rules adopted by the retirement board,	810
may make application for a pension that, if the member is under	811
age fifty-two, shall be deferred until age fifty-two, except that	812
any such member who has attained twenty years of service may, on	813
or after attaining age forty-eight but before attaining age	814
fifty-two, elect to receive a reduced pension of the greater of	815
nine hundredone thousand fifty dollars or an amount computed as	816
follows:	817

In the case of a member who elects to receive a reduced	823
pension after attaining age forty-eight, the reduced pension is	824
payable from the later of the date of the member's most recent	825
birthday or the date the member becomes eligible to receive the	826
reduced pension.	827

A member who has elected to receive a reduced pension in	828
accordance with the schedule provided in this division and has	829
received a payment in connection therewith may not change the	830
election.	831

(C) Any member who attains the age of fifty-five years and	832
has been in the service of the patrol for a period of twenty years	833
as a uniformed patrol officer according to the rules adopted by	834
the board, shall file application for retirement with the board,	835
and if the member refuses or neglects to do so, the board may deem	836
the member's application to have been filed on the member's	837
fifty-fifth birthday. The member may, upon written application	838
approved by the superintendent of the state highway patrol, be	839
continued in service after attaining the age of fifty-five years,	840
but only until the member has accumulated twenty years of service.	841

(D)(1) As used in this division:

842

(a) "Service in the uniformed services" means the	843
performance of duty on a voluntary or involuntary basis in a	844
uniformed service under competent authority and includes active	845
duty, active duty for training, initial active duty for training,	846
inactive duty training, full-time national guard duty, and a	847
period for which a person is absent from a position of employment	848
for the purpose of an examination to determine the fitness of the	849
person to perform any such duty.	850

(b) "Uniformed services" of the United States includes both:

851

(i) Army, navy, air force, marine corps, coast guard, or any	852
reserve components of these services; auxiliary corps as	853
established by congress; army nurse corps; navy nurse corps;	854
service as red cross nurse with the army, navy, air force, or	855
hospital service of the United States, or serving full-time with	856
the American red cross in a combat zone; and such other service as	857
is designated by congress as included therein;	858

(ii) Personnel of the Ohio national guard, the Ohio military	859
reserve, the Ohio naval militia, and the reserve components of the	860
armed forces enumerated in division (D)(1) of this section who are	861
called to active duty pursuant to an executive order issued by the	862
president of the United States or an act of congress.	863

(2) A member's total service credit may include periods not	864
to exceed a total of seven years, while the member's employment	865
with the state highway patrol is or was interrupted due to service	866
in the uniformed services of the United States. Such military	867
service shall be credited to the member towards total service as	868
provided by this chapter and to the extent approved by the board,	869
provided that:	870

(a) The member is or was honorably discharged from service	871
in the uniformed services;	872

(b) The member is or was re-employed by the state highway	873
patrol within ninety days immediately following termination of	874
service in the uniformed services;	875

(c) The member, subject to board rules, pays into the	876
retirement system to the member's credit in the employees' savings	877
fund an amount equal to the total contributions the member would	878
have paid had state highway patrol employment not been so	879
interrupted. Such payment may be made at any time prior to	880
receipt of a pension.	881

(3) If the member meets the requirements of division (D)(2)	882
of this section, on receipt of contributions from the member, the	883
state highway patrol shall be billed for the employer contribution	884
that would have been paid pursuant to section 5505.15 of the	885
Revised Code if the member had not rendered service in the	886
uniformed services, subject to board rules.	887

(4) If under division (D)(2)(c) of this section a member	888
pays all or any portion of the contributions later than the lesser	889
of five years or a period that is three times the member's period	890
of service in the uniformed services beginning from the later of	891
the member's date of re-employment or October 29, 1996, an amount	892
equal to compound interest at a rate established by the board from	893
the later of the member's date of re-employment or October 29,	894
1996, to the date of payment shall be added to the remaining	895
amount to be paid by the member to purchase service credit under	896
this section.	897

(5) Credit purchased by a member under division (D)(2) of	898
this section shall be used to determine the member's eligibility	899
for retirement under this section and section 5505.17 of the	900
Revised Code.	901

Sec. 5505.162.  (A) On application for retirement as	902
provided in section 5505.16 of the Revised Code, a member of the	903
state highway patrol retirement system may elect, on a form	904
provided by the state highway patrol retirement board, to receive	905
athe pension that the member is eligible to receive on retirement	906
under that section in one of the following forms:	907

(1) A single lifetime pension or he may elect, on a form	908
provided by the state highway patrol retirement board, to receive	909
the;	910

(2) The actuarial equivalent of thisthe single lifetime	911
pension that the member may elect under division (A)(1) of this	912
section in a lesser annual amount payable for histhe member's	913
life and continuing after histhe member's death to a surviving	914
designated beneficiary under one of the following optional plans,	915
provided the annual amount payable to the designated beneficiary	916
shall not exceed the annual amount payable to such retiring	917
member, the amount is certified by the actuary employed by the	918
system to be the actuarial equivalent of histhe member's pension,	919
and the amount is approved by the board:	920

(1)(a) Option 1. HisThe member's lesser pension shall be	921
paid for life to histhe member's sole beneficiary designated at	922
the time of retirement.	923

(2)(b) Option 2. One-half or some other portion of histhe	924
member's lesser pension shall be paid for life to histhe member's	925
sole beneficiary designated at the time of his retirement.	926

(3)(c) Option 3. Upon his death before the expiration of a	927
certain period from histhe member's retirement date as elected by	928
himthe member and approved by the board, histhe member's lesser	929
pension shall be continued for the remainder of such period to the	930
beneficiaries, and in such order, as designated by himthe member	931
in writing and filed with the board. No monthly payments shall be	932
paid to joint beneficiaries, but they may jointly receive the	933
present value of any remaining payments in a lump sum settlement.	934
If all designated beneficiaries die before the expiration of such	935
period, the present value of all the payments yet remaining in the	936
period shall be paid to the estate of the beneficiary last	937
receiving such payments.	938

(3) If the member has attained age fifty-one with at least	939
twenty-five years' total service or fifty-two with at least twenty	940
years' total service, a pension consisting of both a partial	941
benefit lump sum in an amount the member designates that	942
constitutes a portion of the single lifetime pension the member	943
may elect under division (A)(1) of this section and the actuarial	944
equivalent of the remainder of the single lifetime pension payable	945
for the member's life, provided an actuary employed by the system	946
certifies the actuarial equivalent and the board approves the	947
partial benefit lump sum payment and the amount to be paid as the	948
actuarial equivalent.	949

The amount designated by a member shall be not less than six	950
times the monthly amount that would be payable to the member as a	951
single lifetime pension under division (A)(1) of this section and	952
not more than sixty times that amount.	953

A member who has attained the age of fifty-one with	954
twenty-five years of service who elects a partial benefit lump sum	955
may designate an amount that does not exceed an amount equal to	956
one month's pension for each month of service beyond twenty-five	957
years. A member who has attained the age of fifty-two with twenty	958
years of service who elects a partial benefit lump sum may	959
designate an amount that does not exceed an amount equal to one	960
month's pension for each month of service beyond twenty years.	961

(B)(1) The death of a spouse designated as beneficiary or	962
the death of any other designated beneficiary following retirement	963
shall cancel any optional plan of payment selected under division	964
(A)(2) of this section to provide continuing lifetime benefits to	965
such designated beneficiary and return the member to the	966
equivalent of histhe member's single lifetime pension, as	967
determined by the board, to be effective the month following	968
receipt by the board of notice of the death.	969

(2) On divorce, annulment, or marriage dissolution, a member	970
receiving a pension under a plan that provides for continuation of	971
all or part of the pension after his death for the lifetime of his	972
the member's surviving spouse may, with the written consent of the	973
spouse or pursuant to an order of the court with jurisdiction over	974
the termination of the marriage, elect to cancel the plan and	975
receive the equivalent of histhe member's single lifetime pension	976
as determined by the board. The election shall be made on a form	977
provided by the board and shall be effective the month following	978
its receipt by the board.	979

(C) Following marriage or remarriage, a member may elect a	980
new optional plan of payment under division (A)(2) of this section	981
based on the actuarial equivalent of histhe member's single	982
lifetime pension as determined by the board. The plan shall	983
become effective the first day of the month following receipt by	984
the board of an application on a form approved by the board.	985

(D) A member who has elected an optional plan under division	986
(A)(2) of this section may, with the written consent of the	987
designated beneficiary, cancel the optional plan and receive the	988
single lifetime pension payable throughout his life hethat the	989
member would have received had he not elected the optional plan	990
the member elected the single lifetime pension under division	991
(A)(1) of this section, if hethe member makes a request to cancel	992
the optional plan not later than one year after the date on which	993
the member first receives a payment under the plan. Cancellation	994
of the optional plan shall be effective the month after acceptance	995
of the request by the board. No payment or adjustment shall be	996
made in the single lifetime pension payable throughout the	997
member's life to compensate for the lesser pension hethe member	998
received under the optional plan.	999

The request to cancel the optional plan shall be made on a	1000
form provided by the board and shall be valid only if the	1001
completed form includes a signed statement of the designated	1002
beneficiary's understanding of and consent to the cancellation.	1003
The designated beneficiary's signature shall be verified by the	1004
board prior to its acceptance of the cancellation.	1005

(E) Any option elected and payments made under division	1006
(A)(2) of this section shall be in addition to any pension payable	1007
to the member's surviving spouse, children, or parents under	1008
section 5505.17 of the Revised Code.	1009

Sec. 5505.163.  (A) A retirant who retired prior to	1010
September 21, 1994, under section 5505.16 of the Revised Code may	1011
elect to receive the actuarial equivalent of the retirant's	1012
pension in a lesser amount payable for the remainder of the	1013
retirant's life and continuing after death to the retirant's	1014
surviving designated beneficiary under one of the optional plans	1015
described in division (A)(1), (2), or (3)(a), (b), or (c) of	1016
section 5505.162 of the Revised Code, provided the annual amount	1017
payable to the designated beneficiary shall not exceed the annual	1018
amount payable to the retirant, the amount is certified by the	1019
actuary employed by the state highway patrol retirement system to	1020
be the actuarial equivalent of the retirant's pension, and the	1021
state highway patrol retirement board approves the amount.	1022

(B) A retirant interested in making the election authorized	1023
by division (A) of this section shall file a notice of interest	1024
with the board not later than sixty days after the effective date	1025
of this sectionJune30, 2000. The board shall advise the	1026
retirant with respect to the choices available under the optional	1027
plans and have a determination made of the monthly pension payable	1028
under the optional plan elected by the member for inclusion in the	1029
statement to be filed under division (C) of this section.	1030

(C) To make the election authorized by division (A) of this	1031
section, a retirant shall file a statement, on a form provided by	1032
the board, indicating that the retirant elects to participate in	1033
the optional plan specified in the statement. The form must be	1034
filed with the board not later than one hundred twenty days after	1035
the effective date of this sectionJune30, 2000.	1036

(D) A notice or statement mailed to the board shall be	1037
considered to have been filed on its postmark date.	1038

(E) Any option elected and payments made under this section	1039
shall be in addition to any pension payable to the retirant's	1040
surviving spouse, children, or parents under section 5505.17 of	1041
the Revised Code.	1042

Sec. 5505.17.  (A)(1) Upon retirement as provided in section	1043
5505.16 of the Revised Code, a member of the state highway patrol	1044
retirement system shall receive a life pension, without guaranty	1045
or refund, equal to the greater of one thousand fifty dollars or	1046
the sum of two and one-half per cent of the member's final average	1047
salary multiplied by the first twentytwenty-five years of total	1048
service credit, plus two and one-quarter per cent of the member's	1049
final average salary multiplied by the number of years, and	1050
fraction of a year, of total service credit in excess of twenty	1051
years but not in excess of twenty-five years, plus two per cent of	1052
the member's final average salary multiplied by the number of	1053
years, and fraction of a year, in excess of twenty-five years;	1054
provided that in no case shall the pension exceed the lesser of	1055
seventy-nineeighty-two and one-quarterthree-quarters per cent of	1056
the member's final average salary or the limit established by	1057
section 415 of the "Internal Revenue Code of 1986," 100 Stat.	1058
2085, 26 U.S.C.A. 415, as amended.	1059

(2) A member with fifteen or more years of total service	1060
credit, who voluntarily resigns or who is discharged from the	1061
state highway patrol for any reason except retirement under this	1062
chapter, death, dishonesty, cowardice, intemperate habits, or	1063
conviction of a felony, shall receive a pension equal to one and	1064
one-half per cent of the member's final average salary multiplied	1065
by the number of years, and fraction of a year, of total service	1066
credit, except that the pension shall not exceed the limit	1067
established by section 415 of the "Internal Revenue Code of 1986,"	1068
100 Stat. 2085, 26 U.S.C.A. 415, as amended. The pension shall	1069
commence at the end of the calendar month in which the application	1070
is filed with the retirement board on or after the attainment of	1071
age fifty-five years by the applicant. A member who withdraws any	1072
part or all of the accumulated contributions from the employees'	1073
savings fund shall thereupon forfeit all rights to a pension	1074
provided for in this division.	1075

(3)(a) A surviving spouse of a deceased member shall receive	1076
a monthly pension, determined as follows, during the spouse's	1077
life:	1078

(i) If at the time of death the member was not eligible to	1079
be granted a pension payable under this section or to elect to	1080
receive a reduced pension payable under section 5505.16 of the	1081
Revised Code, nine hundred dollars;	1082

(ii) If at the time of death the member was eligible to be	1083
granted a pension payable under this section or to elect to	1084
receive a reduced pension payable under section 5505.16 of the	1085
Revised Code, the greater of nine hundred dollars or fifty per	1086
cent of the computed monthly pension the member would have	1087
received had the member been granted a pension under this section	1088
or elected to receive a reduced pension under section 5505.16 of	1089
the Revised Code.	1090

(b) The surviving spouse of a retirant shall receive a	1091
monthly pension, determined as follows, during the spouse's life:	1092

(i) If the retirant had applied for a pension payable under	1093
section 5505.16 of the Revised Code, but at the time of death had	1094
not attained the age of eligibility for the pension, nine hundred	1095
dollars;	1096

(ii) If the retirant had applied for a pension payable under	1097
section 5505.16 of the Revised Code and had attained the age of	1098
eligibility for the pension, but at the time of death had not	1099
elected to begin receiving the pension, the greater of nine	1100
hundred dollars or fifty per cent of the computed monthly pension	1101
the retirant was eligible to receive under section 5505.16 of the	1102
Revised Code;	1103

(iii) If the retirant was receiving a pension under this	1104
section or section 5505.16 or 5505.18 of the Revised Code, or,	1105
regardless of whether or not the retirant had actually received	1106
any payment, if the retirant was eligible to receive a pension	1107
under this section or section 5505.16 or 5505.18 of the Revised	1108
Code and had elected to begin receiving it, the greater of nine	1109
hundred dollars or fifty per cent of the computed monthly pension	1110
awarded the retirant.	1111

(c) If a monthly pension to a surviving spouse was	1112
terminated due to a remarriage, the surviving spouse is eligible	1113
to receive a monthly pension under division (A)(3) of this section	1114
effective the first day of the first month following June 5, 1996.	1115
The pension shall be computed under division (A)(3) of this	1116
section as of June 5, 1996. The pension payable to a person who	1117
is the surviving spouse of more than one state highway patrol	1118
retirement system member or retirant shall be computed on the	1119
basis of the service of the member or retirant to whom the	1120
surviving spouse was most recently married.	1121

(4) A pension of one hundred fifty dollars per month shall	1122
be paid by the system to or for the benefit of each child of a	1123
deceased member or retirant until the child attains the age of	1124
eighteen years or marries, whichever event occurs first, or until	1125
the child attains twenty-three years of age if the child is a	1126
student in and attending an institution of learning or training	1127
pursuant to a program designed to complete in each school year the	1128
equivalent of at least two-thirds of the full-time curriculum	1129
requirements of the institution, as determined by the retirement	1130
board. If any surviving child, regardless of age at the time of	1131
the member's or retirant's death, because of physical or mental	1132
disability, was totally dependent upon the deceased member or	1133
retirant for support at the time of death, a pension of one	1134
hundred fifty dollars per month shall be paid by the system to or	1135
for the benefit of the child during the child's natural life or	1136
until the child recovers from the disability.	1137

(5)(a) If a retirant died prior to June 6, 1988, and the	1138
surviving spouse was not married to the retirant while the	1139
retirant was in the active service of the patrol, the surviving	1140
spouse shall receive a pension of the greater of four hundred	1141
twenty-five dollars per month or fifty per cent of the computed	1142
monthly pension the retirant was receiving.	1143

(b) If the pension payable to a person receiving a pension	1144
under division (A)(5)(a) of this section on the effective date of	1145
this amendmentJune30, 2000, is less than nine hundred dollars	1146
per month, the pension shall be increased to nine hundred dollars	1147
per month.	1148

(6)(a) If the pension payable to the surviving spouse of a	1149
deceased member or retirant under division (A)(3) of this section	1150
on the effective date of this amendmentJune30, 2000, is less	1151
than nine hundred dollars per month, the pension shall be	1152
increased to nine hundred dollars per month.	1153

(b) The pension payable to a child of a deceased member or	1154
retirant who is receiving a pension under division (A)(4) of this	1155
section on June 5, 1996, shall be increased to one hundred fifty	1156
dollars per month.	1157

(7) If a deceased member or retirant leaves no spouse or	1158
surviving children, but leaves two parents depending solely upon	1159
the deceased member or retirant for support, each parent shall be	1160
paid a monthly pension of one hundred fifty-four dollars. If in	1161
such case there is only one parent dependent solely upon the	1162
deceased member or retirant for support, such parent shall be paid	1163
a monthly pension of one hundred fifty-four dollars. Such pension	1164
shall be paid during the life of the surviving parents, or until	1165
dependency ceases, or until remarriage, whichever event occurs	1166
first.	1167

(8) Any amount remaining as accumulated contributions at the	1168
time of death of a member or retirant who leaves no surviving	1169
spouse or dependent children or parents shall be paid to the	1170
estate of the member or retirant.	1171

(9) The increases provided for by divisions (A)(5) and	1172
(A)(6)(a) of this section shall be included in the calculation of	1173
the additional benefit paid under section 5505.174 of the Revised	1174
Code.	1175

(B) The board shall adopt, and may amend or rescind, the	1176
necessary rules for the administration of this section and all	1177
decisions of the board shall be final. Any payment of a pension	1178
or benefit under this section is subject to the provisions of	1179
section 5505.26 of the Revised Code.	1180

(C) A member's total service credit may include periods	1181
during which the member's employment with the state highway patrol	1182
is interrupted by a leave of absence, when requested by the	1183
governor, to accept employment with another agency of the state,	1184
provided that:	1185

(1) The member is reemployed by the state highway patrol	1186
within thirty days following termination of such other employment;	1187

(2) The member pays into the retirement system, to the	1188
credit of the employees' savings fund, an amount equal to the	1189
total contributions the member would have paid had the state	1190
highway patrol employment not been so interrupted. Such repayment	1191
shall begin within ninety days after the member's return to duty	1192
with the state highway patrol and be completed within a period	1193
equal to that of the leave of absence.	1194

(D) Service credits granted under division (C) of this	1195
section shall not include any duplications of credits for which a	1196
pension is payable by the public employees retirement system.	1197

Sec. 5505.171.  (A) All persons who retired and were	1198
eligible to receive a pension that was payable prior to July 1,	1199
1968, pursuant to division (A)(1) of section 5505.17 or division	1200
(B)(1) of section 5505.18 of the Revised Code, shall receive an	1201
additional monthly payment of two dollars for each year between	1202
the member's effective date of retirement or disability and	1203
December 31, 1971, or an additional fifty dollars, whichever is	1204
less.	1205

On or before the first day of August in 1981 and on or before	1206
the first day of August in each year thereafter, the state highway	1207
patrol retirement board shall certify to the treasurer of state	1208
the amount required to be paid in the preceding fiscal year under	1209
this division. Upon receipt of such certification, the treasurer	1210
of state shall pay to the state highway patrol retirement system	1211
the amount certified.	1212

(B) Each person who retired and was eligible to receive a	1213
pension, other than a reduced pension, that was payable prior to	1214
the effective date of this amendmentJune30, 2000, pursuant to	1215
division (A) or (B) of section 5505.16 or division (B) of section	1216
5505.18 of the Revised Code shall have the pension recalculated by	1217
the board so that the person receives a monthly pension of not	1218
less than one thousand fifty dollars. Any pension increase	1219
resulting from a recalculation made under this division shall be	1220
included in the calculation of the additional benefit paid under	1221
section 5505.174 of the Revised Code.	1222

(C) The pension of each person who is receiving a pension	1223
pursuant to division (B) of section 5505.16 of the Revised Code on	1224
June 5, 1996, of less than nine hundred dollars per month shall be	1225
increased to nine hundred dollars per month. Any increase under	1226
this division shall be included in the calculation of the	1227
additional benefit paid under section 5505.174 of the Revised	1228
Code.	1229

(D) The pension of each person who is receiving a pension	1230
pursuant to division (B) of section 5505.16 of the Revised Code on	1231
the effective date of this amendment of less than one thousand	1232
fifty dollars per month shall be increased to one thousand fifty	1233
dollars per month. Any increase under this division shall be	1234
included in the calculation of the additional benefit paid under	1235
section 5505.174 of the Revised Code.	1236

Sec. 5505.176.  (A) The state highway patrol retirement	1237
system shall increase the pension payable to each person receiving	1238
a pension granted prior to September 16, 1998, that was calculated	1239
under division (A)(1) of section 5505.17 of the Revised Code on	1240
the basis of total service credit of more than twenty-five years.	1241
The increase shall be an amount determined by multiplying the	1242
pension payable to the member on September 16, 1998, by the	1243
product obtained by multiplying by one-half of one per cent the	1244
member's years and fraction of a year of service in excess of	1245
twenty-five years, except that the increased pension shall not	1246
exceed the limit established by section 415 of the "Internal	1247
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as	1248
amended. The increased pension shall be effective on October 1,	1249
1998, and shall be used in determining the amount of the	1250
additional benefit paid under section 5505.174 of the Revised	1251
Code.	1252

(B) The state highway patrol retirement system shall	1253
increase the pension payable to each person receiving a pension	1254
granted prior to the effective date of this amendmentJune30,	1255
2000, that was calculated under division (A)(1) of section 5505.17	1256
of the Revised Code on the basis of total service credit of more	1257
than twenty years. The increase shall be an amount determined by	1258
multiplying the pension payable to the member on the effective	1259
date of this amendmentJune30, 2000, by the product obtained by	1260
multiplying by one-quarter of one per cent the member's years and	1261
fraction of a year of service in excess of twenty years but not in	1262
excess of twenty-five years, except that the increased pension	1263
shall not exceed the limit established by section 415 of the	1264
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,	1265
as amended. The increased pension shall be effective on the first	1266
day of the first month following the effective date of this	1267
amendmentJune30, 2000, and shall be used in determining the	1268
amount of the additional benefit paid under section 5505.174 of	1269
the Revised Code.	1270

(C) The state highway patrol retirement system shall	1271
increase the pension payable to each person receiving a pension	1272
granted prior to the effective date of this amendment that was	1273
calculated under division (A)(1) of section 5505.17 of the Revised	1274
Code on the basis of total service credit of more than twenty	1275
years. The increase shall be an amount determined by multiplying	1276
the pension payable to the member on the effective date of this	1277
amendment by the product obtained by multiplying by one quarter of	1278
one per cent the member's years and fraction of a year of service	1279
in excess of twenty years, except that the increased pension shall	1280
not exceed the limit established by section 415 of the "Internal	1281
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as	1282
amended. The increased pension shall be effective on the first	1283
day of the first month following the effective date of this	1284
amendment and shall be used in determining the amount of the	1285
additional benefit paid under section 5505.174 of the Revised	1286
Code.	1287

Sec. 5505.178. (A) As used in this section:

1288

(1) "Cumulative percentage change in the CPI" means the	1289
total percentage change in the consumer price index prepared by	1290
the United States bureau of labor statistics for urban wage	1291
earners and clerical workers (CPI-W: U.S. city average, all items)	1292
from the thirty-first day of December immediately preceding the	1293
year in which the original benefit started through the	1294
thirty-first day of December immediately preceding the effective	1295
date of this section.	1296

(2) "Original pension amount" means the initial amount of a	1297
pension granted to the initial recipient of the pension.	1298

(B) For each individual receiving a pension from the state	1299
highway patrol retirement board on the effective date of this	1300
section, the board shall determine the sum of the following	1301
amounts:	1302

(1) An amount equal to eighty-five per cent of the original	1303
pension amount, except that if the recipient is not the individual	1304
to whom the original pension amount was granted, the amount shall	1305
equal eighty-five per cent of the product obtained when the	1306
original pension amount is multiplied by the percentage of the	1307
original pension amount being paid to the recipient;	1308

(2) An amount equal to the product obtained when the amount	1309
determined under division (B)(1) of this section is multiplied by	1310
the cumulative percentage change in the CPI.	1311

(C) If the amount determined under division (B) of this	1312
section is greater than the annual pension being paid to the	1313
recipient, the board shall recalculate the annual pension payable	1314
on the effective date of this section so that it equals the amount	1315
determined under that division.	1316

(D) The board shall include the increase in an	1317
individual's pension provided for by this section in the	1318
individual's base for the purpose of future increases in the	1319
pension under section 5505.174 of the Revised Code.	1320

(E) The board shall make the recalculations required under	1321
this section not later than one hundred eighty days after the	1322
effective date of this section. The board may adopt rules to	1323
implement this section.	1324

Sec. 5505.179. Except as provided in division (A)(3) of	1325
section 5505.162 of the Revised Code, all pensions shall be paid	1326
in equal monthly installments.	1327

Sec. 5505.18.  As used in this section, "member" does not	1328
include state highway patrol cadets attending training schools	1329
pursuant to section 5503.05 of the Revised Code.	1330

(A) Upon the application of a member of the state highway	1331
patrol retirement system, a person acting on behalf of a member,	1332
or the superintendent of the state highway patrol on behalf of a	1333
member, a member who becomes totally and permanently incapacitated	1334
for duty in the employ of the state highway patrol may be retired	1335
by the board.	1336

The medical or psychological examination of a member who has	1337
applied for disability retirement shall be conducted by a	1338
competent physicianhealth-care professional or physicians	1339
professionals appointed by the board. The physicianhealth-care	1340
professional or physiciansprofessionals shall file a written	1341
report with the board containing the following information:	1342

(1) Whether the member is totally incapacitated for duty in	1343
the employ of the patrol;	1344

(2) Whether the incapacity is expected to be permanent;

1345

(3) The cause of the member's incapacity.

1346

The board shall determine whether the member qualifies for	1347
disability retirement and its decision shall be final. The board	1348
shall consider the written medical or psychological report,	1349
opinions, statements, and other competent evidence in making its	1350
determination. If the incapacity is a result of heart disease or	1351
any cardiovascular disease of a chronic nature, which disease or	1352
any evidence of which was not revealed by the physical examination	1353
passed by the member on entry into the patrol, the member is	1354
presumed to have incurred the disease in the line of duty as a	1355
member of the patrol, unless the contrary is shown by competent	1356
evidence.	1357

(B)(1) A member whose retirement on account of disability	1358
incurred in the line of duty shall receive the applicable pension	1359
provided for in section 5505.17 of the Revised Code, except that	1360
if the member has less than twenty-five years of contributing	1361
service, the member's service credit shall be deemed to be	1362
twenty-five years for the purpose of this provision. In no case	1363
shall the member's disability pension be less than sixty-one and	1364
one-quarter per cent or exceed the lesser of seventy-nine	1365
eighty-two and one-quarterthree-quarters per cent of the member's	1366
final average salary or the limit established by section 415 of	1367
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1368
415, as amended.	1369

(2) A member whose retirement on account of disability	1370
incurred not in the line of duty shall receive the applicable	1371
pension provided for in section 5505.17 of the Revised Code,	1372
except that if the member has less than twenty years of	1373
contributing service, the member's service credit shall be deemed	1374
to be twenty years for the purpose of this provision. In no case	1375
shall the member's disability pension exceed the lesser of	1376
seventy-nineeighty-two and one-quarterthree-quarters per cent of	1377
the member's final average salary or the limit established by	1378
section 415 of the "Internal Revenue Code of 1986," 100 Stat.	1379
2085, 26 U.S.C.A. 415, as amended.	1380

(C) The state highway patrol retirement board shall adopt	1381
rules requiring a disability pension recipient, as a condition of	1382
continuing to receive a disability pension, to agree in writing to	1383
obtain any medical or psychological treatment recommended by the	1384
board's physicianhealth-care professional and submit medical or	1385
psychological reports regarding the treatment. If the board	1386
determines that a disability pension recipient is not obtaining	1387
the medical or psychological treatment or the board does not	1388
receive a required medical or psychological report, the disability	1389
pension shall be suspended until the treatment is obtained, the	1390
report is received by the board, or the board's physician	1391
health-care professional certifies that the treatment is no longer	1392
helpful or advisable. Should the recipient's failure to obtain	1393
treatment or submit a medical or psychological report continue for	1394
one year, the recipient's right to the disability benefit shall be	1395
terminated as of the effective date of the original suspension.	1396

(D) A member placed on a disability pension who has not	1397
attained the age of fifty-five years shall be subject to an annual	1398
medical or psychological re-examination by physicianshealth-care	1399
professionals appointed by the board, except that the board may	1400
waive the medical re-examination if the board's physicians	1401
health-care professionals certify that the member's disability is	1402
ongoing. If any member placed on a disability pension refuses to	1403
submit to a medical or psychological re-examination, the member's	1404
disability pension shall be suspended until the member withdraws	1405
the refusal. If the refusal continues for one year, all the	1406
member's rights under and to the disability pension shall be	1407
terminated as of the effective date of the original suspension.	1408

(E) Each recipient of a disability pension who has not	1409
attained the age of fifty-five years shall file with the board an	1410
annual statement of earnings, current medical or psychological	1411
information on the recipient's condition, and any other	1412
information required in rules adopted by the board. The board may	1413
waive the requirement that a disability benefit recipient file an	1414
annual statement of earnings or current medical or psychological	1415
information if the board's physicianhealth-care professional	1416
certifies that the recipient's disability is ongoing.	1417

The board shall annually examine the information submitted by	1418
the recipient. If a recipient refuses to file the statement or	1419
information, the disability pension shall be suspended until the	1420
statement and information are filed. If the refusal continues for	1421
one year, the right to the pension shall be terminated as of the	1422
effective date of the original suspension.	1423

(F)(1) Except as provided in division (F)(2) of this	1424
section, a retirant who has been on disability pension, and who	1425
has been physically or psychologically examined and found no	1426
longer incapable of performing the retirant's duties, shall be	1427
restored to the rank the retirant held at the time the retirant	1428
was pensioned and all previous rights shall be restored, including	1429
the retirant's civil service status, and the disability pension	1430
shall terminate. Upon return to employment in the patrol, the	1431
retirant shall again become a contributing member of the	1432
retirement system, the total service at the time of the retirant's	1433
retirement shall be restored to the retirant's credit, and the	1434
retirant shall be given service credit for the period the retirant	1435
was in receipt of a disability pension. The provisions of	1436
division (F)(1) of this section shall be retroactive to September	1437
5, 1941.	1438

(2) The state highway patrol is not required to take action	1439
under division (F)(1) of this section if the retirant was	1440
dismissed or resigned in lieu of dismissal for dishonesty,	1441
misfeasance, malfeasance, or conviction of a felony.	1442

(G) The board may adopt rules to carry out this section,	1443
including rules that specify the types of health-care	1444
professionals the board may appoint for the purpose of this	1445
section.	1446

Sec. 5505.19.  Subject to section 5505.26 of the Revised	1447
Code, a member of the state highway patrol retirement system who	1448
ceases to be an employee of the state highway patrol for any cause	1449
except death, disability, or retirement, upon application filed in	1450
writing with the state highway patrol retirement board, shall be	1451
paid the accumulated contributions, less interest, standing to the	1452
credit of the member's individual account in the employees'	1453
savings fund plus any applicable amount calculated under section	1454
5505.24 of the Revised Code. Except as otherwise provided in this	1455
chapter, five years after a member ceases to be an employee of the	1456
patrol any balance of accumulated contributions standing to the	1457
member's credit in the employees' savings fund, plus any	1458
applicable amount calculated under section 5505.24 of the Revised	1459
Code, shall be transferred to the income fund and after that shall	1460
be paid from that fund to the member, or in the case of a deceased	1461
member or retirant who dies leaving no surviving spouse or	1462
dependent children or parents, shall be paid from that fund to the	1463
estate of the deceased member or retirant, upon application to the	1464
board.	1465

Sec. 5505.20.  Should a member of the state highway patrol	1466
retirement system cease to be an employee of the state highway	1467
patrol, for any reason, except his retirement or death, hethe	1468
member shall thereupon cease to be a member of the retirement	1469
system and he shall forfeit histhe member's total service credit	1470
at that time. Should hesuch a former member return to the employ	1471
of the state highway patrol, hethe former member shall again	1472
become a member. When said re-employment occurs the total service	1473
credit last forfeited by himthe member shall be restored to his	1474
the member's credit, provided hethe member pays into the	1475
employees' savings fundto the state highway patrol retirement	1476
system the amount, if any, hewithdrew therefromthe member was	1477
paid under section 5505.19 of the Revised Code, together with such	1478
compound interest as the board may require from the date of	1479
withdrawalthe payment under that section to the date of	1480
repayment. The member may choose to purchase only part of such	1481
credit in any one payment, subject to board rules. The return of	1482
accumulated contributionsthe payment made under section 5505.19	1483
of the Revised Code, and the payment of the compound interest,	1484
shall be made according to such rules as the board shall from time	1485
to time adopt. The repayment shall be credited as follows:	1486

(A) The amount of the repayment that equals the amount, if	1487
any, included, pursuant to section 5505.24 of the Revised Code, in	1488
the payment to the member under section 5505.19 of the Revised	1489
Code shall be credited to the employer's accumulation fund;	1490

(B) The remaining amount of the repayment shall be credited	1491
to the member's individual account in the employees' savings fund.	1492

Sec. 5505.202. (A) As used in this section:

1493

(1) "Law enforcement officer" has the same meaning as in	1494
section 145.01 of the Revised Code.	1495

(2) "Military service credit" means credit for service in	1496
the armed forces of the United States purchased or obtained under	1497
Chapter 145. of the Revised Code.	1498

(B) A member of the state highway patrol retirement system	1499
shall, in computing years of active service in the highway patrol	1500
under sections 5505.16, 5505.17, and 5505.18 of the Revised Code,	1501
be given full credit for time for which contributions as a law	1502
enforcement officer were made under Chapter 145. of the Revised	1503
Code and for military service credit if the member pays to the	1504
state highway patrol retirement system the amount received by the	1505
member under section 145.40 of the Revised Code, with compound	1506
interest thereon at a rate determined by the state highway patrol	1507
retirement board from the date of receipt under section 145.40 of	1508
the Revised Code to the date of the member's payment under this	1509
section.	1510

A member may choose to purchase only part of the credit in	1511
any one payment, subject to board rules.	1512

(C) On certification by the state highway patrol retirement	1513
board to the public employees retirement board of payment by the	1514
member under this section, the public employees retirement system	1515
shall pay from the employers' accumulation fund created under	1516
section 145.23 of the Revised Code to the state highway patrol	1517
retirement system an amount equal to the member's payment less any	1518
of that amount that is attributable to section 145.401 of the	1519
Revised Code.	1520

Sec. 5505.204. A member of the state highway patrol	1521
retirement system who elected to be exempt from membership in the	1522
public employees retirement system while attending training under	1523
section 5503.05 of the Revised Code shall, in computing years of	1524
active service in the highway patrol under sections 5505.16,	1525
5505.17, and 5505.18 of the Revised Code, be given full credit for	1526
time attending the training prior to June 30, 1991, if the member	1527
pays to the state highway patrol retirement system the amount the	1528
member would have paid the public employees retirement system had	1529
the member not elected to be exempt from membership, with compound	1530
interest thereon at a rate to be determined by the state highway	1531
patrol retirement board. The interest shall be for the period	1532
from the date the member completed the training to May 4, 1992. A	1533
member may choose to purchase only part of the credit in any one	1534
payment, subject to board rules.	1535

The retirement system must receive notice of the member's	1536
election to purchase service credit under this section not later	1537
than sixty days after this section's effective date. Payment for	1538
the service credit must be complete not later than one hundred	1539
eighty days after the date of receipt of the notice.	1540

Sec. 5505.21.  Should a member of the state highway patrol	1541
retirement system die and no pension becomes payable from funds of	1542
the system on account of histhe member's employment with the	1543
patrol, histhe member's accumulated contributions, less interest,	1544
standing to histhe member's credit in the employees' savings fund	1545
at the time of his death and any applicable amount calculated	1546
under section 5505.24 of the Revised Code shall be paid to such	1547
person or persons as hethe member has nominated by written	1548
designation duly executed and filed with the state highway patrol	1549
retirement board. If there is no such designated person or	1550
persons surviving such member, histhe member's accumulated	1551
contributions and any applicable amount calculated under section	1552
5505.24 of the Revised Code shall be paid according to the state	1553
law of descent and distribution; provided that, if his accumulated	1554
contributions arethe amount to be paid under this section is not	1555
claimed by an eligible person or by the estate of the deceased	1556
member within seven years, theythe amount shall be transferred to	1557
the income fund of the system and after that shall be paid from	1558
that fund to such person or estate upon application to the board.	1559

Sec. 5505.24. (A) As used in this section:

1560

(1)(a) "Eligible contributions" means all of the following:

1561

(i) Amounts that a member contributes under division (A) of	1562
section 5505.15 of the Revised Code to the state highway patrol	1563
retirement fund;	1564

(ii) Amounts that the state highway patrol retirement	1565
system receives from a member under division (D) of section	1566
5505.16, division (C) of section 5505.17, or section 5505.20,	1567
5505.201, 5505.202, 5505.204, or 5505.25 of the Revised Code;	1568

(iii) Amounts the state highway patrol retirement system	1569
receives from a member, or is transferred to the state highway	1570
patrol retirement system by another retirement system to the	1571
credit of a member, under section 5505.40 or 5505.402 of the	1572
Revised Code;	1573

(iv) Accumulated interest credited to the member's	1574
individual account.	1575

(b) "Eligible contributions" does not include	1576
contributions that were used in the payment of a disability	1577
pension or, as provided in rules adopted by the board, were	1578
refunded to a member because the system was not authorized to	1579
accept the contributions.	1580

(2) "Service credit" means service credit earned for	1581
periods for which contributions were made under section 5505.15 of	1582
the Revised Code and, if applicable, periods for which service	1583
credit was restored, purchased, or transferred under division (D)	1584
of section 5505.16, division (C) of section 5505.17, or section	1585
5505.20, 5505.201, 5505.202, 5505.204, 5505.25, 5505.40, or	1586
5505.402 of the Revised Code.	1587

(B) If a member has, or at the time of death had, at least	1588
five years of service credit, the state highway patrol retirement	1589
board shall include the amount specified in division (B)(1) or (2)	1590
of this section in the amount payable under section 5505.19 of the	1591
Revised Code to the member, or under section 5505.21 of the	1592
Revised Code to a designated person or the member's estate, unless	1593
at the time of death the member was a disability pension	1594
recipient. The amount specified in division (B)(1) or (2) of this	1595
section shall be paid from the employer's accumulation fund.	1596

(1) If the member has, or had at the time of death, at	1597
least five but less than ten years of service credit, the amount	1598
included shall be equal to thirty-three per cent of the member's	1599
eligible contributions.	1600

(2) If the member has, or had at the time of death, at	1601
least ten years of service credit, the amount included shall be	1602
equal to sixty-seven per cent of the member's eligible	1603
contributions.	1604

Sec.  5505.40.  (A) As used in this section:

1605

(1) "Full-time service" means full-time service as defined	1606
by rule which shall be adopted by the state highway patrol	1607
retirement board.	1608

(2) "Military service credit" means credit for service in	1609
the armed forces of the United States purchased or obtained under	1610
this chapter or Chapter 145., 3307., or 3309. of the Revised Code.	1611

(B)(1)(a) ForExcept as provided in division (B)(1)(d) of	1612
this section, for purposes of computing the pension payable under	1613
section 5505.17 or 5505.18 of the Revised Code, a member of the	1614
state highway patrol retirement system who is a former member of	1615
the public employees retirement system, school employees	1616
retirement system, or state teachers retirement system and has	1617
received a return of contributions from the former retirement	1618
system shall be given full credit for service credit earned for	1619
full-time service as a member of the former retirement system or	1620
purchased or obtained as military service credit if, for each	1621
year of service credit, the state highway patrol retirement system	1622
receives the sum of the following:	1623

(i) An amount, which shall be paid by the member to the	1624
member's credit in the employees' savings fund, equal to the	1625
amount received by the member from the former retirement system	1626
for that year that is attributable to contributions made for	1627
full-time service and payments for military service credit, plus	1628
interest at a rate established by the board on that amount from	1629
the date payment was made to the member by the former retirement	1630
system to the date the member makes the payment to the state	1631
highway patrol retirement system;	1632

(ii) If a member is seeking credit for service under the	1633
public employees retirement system, an amount, which shall be paid	1634
by the member, equal to the amount of any employer contributions	1635
and interest on employee contributions the member received under	1636
section 145.40 of the Revised Code;	1637

(iii) Interest, which shall be transferred by the former	1638
retirement system, on the amount received by the member that is	1639
attributable to the year of service from the last day of the year	1640
for which the service credit was earned or in which payment was	1641
made for military service credit to the date the amount was paid	1642
to the member;	1643

(iv) An amount, which shall be transferred by the former	1644
retirement system, equal to the lesser of the employer's	1645
contributions to the former retirement system for the year of	1646
service or the amount that would have been contributed by the	1647
employer for the full-time service had the member been a member	1648
of the state highway patrol retirement system at the time the	1649
credit was earned, with interest on that amount from the last day	1650
of the year for which the service credit was earned or in which	1651
payment was made for military service credit to the date the	1652
transfer is made.	1653

(b) On receipt of payment from the member, the state highway	1654
patrol retirement system shall notify the former retirement	1655
system, which, on receipt of the notice, shall make the transfer	1656
required by this division. Interest shall be determined in	1657
accordance with division (F) of this section.	1658

(c) The amount transferred under division (B)(1)(a) of this	1659
section by the public employees retirement system shall not	1660
include any amount of employer contributions and interest on	1661
employee contributions the member received under section 145.40 of	1662
the Revised Code.	1663

(d) This division does not apply to a former member of the	1664
public employees retirement system who qualifies to receive credit	1665
under section 5505.202 of the Revised Code, except that the former	1666
member may receive credit under this division for services for	1667
which credit is not available under section 5505.202 of the	1668
Revised Code.	1669

(2) For purposes of computing the pension payable under	1670
section 5505.17 or 5505.18 of the Revised Code, a member of the	1671
state highway patrol retirement system who has contributions on	1672
deposit with the public employees retirement system, school	1673
employees retirement system, or state teachers retirement system	1674
shall be given full credit for service credit earned for full-time	1675
service as a member of that retirement system, any service credit	1676
purchased or obtained as military service credit, and any	1677
service credit obtained under section 145.295, 3307.761, or	1678
3309.381 of the Revised Code for service for which contributions	1679
were made to the Ohio police and fire pension fund. The credit	1680
shall be given if, for each year of service, the public employees	1681
retirement system, school employees retirement system, or state	1682
teachers retirement system transfers to the state highway patrol	1683
retirement system the sum of the following:	1684

(a) The amount, contributed by the member or, in the case	1685
of military service, paid by the member, that is attributable to	1686
that service;	1687

(b) An amount equal to the lesser of the employer's	1688
contributions to the public employees retirement system, school	1689
employees retirement system, or state teachers retirement system	1690
for the year of service or the amount that would have been	1691
contributed by the employer for the full-time service had the	1692
member been a member of the state highway patrol retirement system	1693
at the time the credit was earned;	1694

(c) An amount equal to any amount received by the retirement	1695
system under section 145.295, 3307.761, or 3309.351 of the Revised	1696
Code;	1697

(d) Interest, determined in accordance with division (F) of	1698
this section, on the amounts specified in divisions (B)(2)(a),	1699
(b), and (c) of this section from the last day of the year for	1700
which the service credit in the transferring retirement system was	1701
earned or in which payment was made for military service credit or	1702
service credit under section 145.295, 3307.761, or 3309.351 of the	1703
Revised Code was purchased or obtained to the date the transfer is	1704
made.	1705

On receipt of a request from the member, the appropriate	1706
retirement system shall make the transfer.	1707

(3) Unless section 5505.402 of the Revised Code applies,	1708
for purposes of computing the pension payable under section	1709
5505.17 or 5505.18 of the Revised Code, a member of the state	1710
highway patrol retirement system who has contributions on deposit	1711
with the Cincinnati retirement system shall be given full credit	1712
for service credit earned for full-time service as a member of	1713
that retirement system or purchased or obtained as military	1714
service credit if, for each year of service credit, the state	1715
highway patrol retirement system receives the sum of the	1716
following:	1717

(a) An amount, which shall be paid by the member to the	1718
member's credit in the employees' savings fund, equal to the	1719
amount withdrawn from the Cincinnati retirement system that is	1720
attributable to that year of service, with interest on that amount	1721
determined in accordance with division (F) of this section from	1722
the date of withdrawal to the date of payment;	1723

(b) Interest, which shall be paid either by the member or	1724
the Cincinnati retirement system, on the amount withdrawn from the	1725
Cincinnati retirement system that is attributable to the year of	1726
service from the last day of the year for which the service credit	1727
was earned or in which payment was made for military service	1728
credit to the date the amount was withdrawn;	1729

(c) An amount, which shall be paid either by the member or	1730
the Cincinnati retirement system, equal to the lesser of the	1731
employer's contributions to the Cincinnati retirement system for	1732
the year of service or the amount that would have been contributed	1733
by the employer for the full-time service had the member been a	1734
member of the state highway patrol retirement system at the time	1735
the credit was earned, with interest on that amount from the last	1736
day of the year for which the service credit was earned or in	1737
which payment was made for military service to the date the	1738
payment is made.	1739

(C) If a member who is not a current contributor and has not	1740
received a refund of accumulated contributionspayment under	1741
section 5505.19 of the Revised Code elects to receive credit under	1742
section 145.295, 3307.761, or 3309.351 of the Revised Code for	1743
service for which the member contributed toearned or purchased	1744
from the state highway patrol retirement system and credit	1745
purchased as military service credit, the state highway patrol	1746
retirement system shall transfer to the appropriate retirement	1747
system the amount specified in division (B)(D) of section 145.295,	1748
division (B)(D) of section 3307.761, or division (B)(D) of section	1749
3309.73 of the Revised Code.	1750

(D)(1) A member is ineligible to purchase or otherwise	1751
receive credit under this section for service that is used in the	1752
calculation of any retirement benefit currently being paid or that	1753
is payable in the future to the member, or service rendered	1754
concurrently with any other period for which service credit has	1755
already been granted.	1756

(2) Except as provided under division (D)(3) of this	1757
section, no service credit purchased under this section or	1758
received as a result of a transfer requested under this section	1759
shall be used to determine any member's eligibility for retirement	1760
under sections 5505.16 and 5505.17 of the Revised Code.	1761

(3) Service credit obtained under this section by a member	1762
for military service credit or for service as a state highway	1763
patrol cadet attending training school pursuant to section 5503.05	1764
of the Revised Code shall be used to determine the member's	1765
eligibility for retirement under sections 5505.16 and 5505.17 of	1766
the Revised Code.	1767

(4) Subject to rules of the state highway patrol retirement	1768
system, a member may choose to purchase only part of the credit	1769
the member is eligible to purchase under division (B)(1) or (3) of	1770
this section.	1771

(E) At the request of the state highway patrol retirement	1772
system, the public employees retirement system, school employees	1773
retirement system, state teachers retirement system, or Cincinnati	1774
retirement system shall certify to the state highway patrol	1775
retirement system a copy of the records of service, salary, and	1776
contributions of a member who seeks service credit under this	1777
section.	1778

(F) Interest charged under this section shall be calculated	1779
separately for each year of service credit. Unless otherwise	1780
specified in this section, it shall be calculated at the lesser of	1781
the actuarial assumption rate for that year of the state highway	1782
patrol retirement system or of the retirement system in which the	1783
credit was earned. The interest shall be compounded annually.	1784

(G) The state highway patrol retirement system board may	1785
adopt rules establishing procedures for the purchase of service	1786
credit or the transfer of contributions under this section.	1787

Sec. 5505.403.  (A) If the conditions described in division	1788
(B) of section 5505.401 of the Revised Code are met and a person	1789
who is a member or former member of the state highway patrol	1790
retirement system but not a current contributor and who is not	1791
receiving a pension or benefit from the state highway patrol	1792
retirement system elects to receive credit under the Cincinnati	1793
retirement system for service for which the person contributed to	1794
the state highway patrol retirement system or purchased or	1795
obtained as military service credit, the state highway patrol	1796
retirement system shall transfer the amounts specified in division	1797
(B) or (C) of this section to the Cincinnati retirement system.