Section 1. That sections 742.21,
742.212, 742.214,
742.221, | 10 |
742.23, 742.24, 742.251, 742.27, 742.37,
742.371,
742.375, | 11 |
742.376, 742.3711, 742.3714, 742.3716, 742.44, 742.442,
742.443, | 12 |
742.444, 742.52,
5505.01, 5505.15, 5505.162, 5505.163, and | 13 |
5505.18 be
amended and section 5505.178 of the Revised Code be | 14 |
enacted to
read as follows: | 15 |
(B) Unless section 742.212 of the Revised Code applies and | 27 |
except as provided
in
divisiondivisions (G) and (I) of this | 28 |
section, in computing
the
pension and benefits payable under | 29 |
section 742.37 or 742.39 of
the Revised Code,
the Ohio police and | 30 |
fire pension fund
shall give
a member of the fund who is in the | 31 |
active service of a
police or
fire department
and, is not | 32 |
receiving a pension or
benefit payment
from the fund, and is not a | 33 |
participant in the deferred retirement option plan established | 34 |
under section 742.43 of the Revised Code full credit for service | 35 |
credit earned for
full-time
service as a member of the Cincinnati | 36 |
retirement system or
purchased or
obtained as
military service | 37 |
credit if, for each
year of
service credit, the fund receives the | 38 |
sum of the
following: | 39 |
(3) An amount, which shall be paid by either the member
or | 51 |
the
Cincinnati retirement system, equal to the lesser of the | 52 |
amount
contributed by the employer to the
Cincinnati retirement | 53 |
system for the
year
of service or the amount that would have been | 54 |
contributed
by the
employer for the year of service had the member | 55 |
been employed by
the
member's current employer as a
member of a | 56 |
police or fire
department at the time the credit was
earned,
with | 57 |
interest on
that amount from the last day of the year for
which | 58 |
the service
credit was earned or in which payment was made for | 59 |
military
service credit to the date the payment is made; | 60 |
(C)(1) Except as provided in
divisiondivisions (G) and (I) | 66 |
of this
section,
in computing the pension and benefits payable | 67 |
under
section 742.37
or 742.39 of the Revised
Code, the fund shall | 68 |
give
a
member of the
fund who is in the active service of a
police | 69 |
or
fire department,
is not receiving a pension or
benefit payment | 70 |
from the fund,
and
has withdrawn the member's
contributions from
| 71 |
a non-uniform
retirement
system, and is not a participant in the | 72 |
deferred retirement option plan established under section 742.43 | 73 |
of the Revised Code full credit
for service
credit earned
for | 74 |
full-time service as a member of the
non-uniform system or | 75 |
purchased or
obtained as military
service credit if, for each | 76 |
year of
service,
the fund receives
the sum of the following: | 77 |
(d) An amount, which shall be
transferred by the
| 95 |
non-uniform system, equal to the lesser
of the amount
contributed | 96 |
by the employer to the
non-uniform
system
for the year of service | 97 |
or the amount that would have
been
contributed by the employer for | 98 |
the year of service had the
member
been employed by the member's | 99 |
current employer as a member of a
police
or fire department at the | 100 |
time the credit was earned, with
interest on
that amount
from | 101 |
the last day
of the
year for which the service
credit was earned | 102 |
or in which
payment
was made for military
service credit to the | 103 |
date the transfer is
made; | 104 |
(D) Except as provided in
divisiondivisions (G) and (I) of | 118 |
this section,
in
computing the pension and benefits payable under | 119 |
section 742.37 or
742.39 of the
Revised Code, the fund shall give | 120 |
a
member of the
fund who is in the active service of a police or | 121 |
fire department,
is not receiving a pension or benefit from the | 122 |
fund,
and has
contributions on deposit with
a
non-uniform | 123 |
retirement system, and is not a participant in the deferred | 124 |
retirement option plan established under section 742.43 of the | 125 |
Revised Code
full credit for service credit
earned
for
full-time | 126 |
service as a
member of
the non-uniform system or
service credit | 127 |
purchased or
obtained as military
service credit if both of the | 128 |
following
occur: | 129 |
(G) A member of the fund is ineligible to receive
credit | 161 |
under this
section for service that is used in the calculation of | 162 |
any
retirement benefit currently being paid or payable in the | 163 |
future
to the member
under any other retirement program,
service | 164 |
rendered concurrently with any
other
period for which
service | 165 |
credit has already been granted, or for service credit
that may be | 166 |
transferred under section 742.214 of the Revised Code. | 167 |
At the request of a member, in lieu of requiring
payment of | 195 |
all or part of the amount determined under this
division the fund | 196 |
may grant the member an amount of service
credit under division | 197 |
(B),
(C), or (D) of this section or division (B) or (C) of
section | 198 |
742.212 of the Revised Code that is less than the amount for which | 199 |
the member is
eligible.
The service credit granted shall be the | 200 |
same percentage of the
service credit for which the member is | 201 |
eligible that the amount
the fund receives under division (B), | 202 |
(C), or (D) of this section or division (B) or (C) of
section | 203 |
742.212 of the Revised Code is of the total
amount it would | 204 |
receive under those divisions if the full amount
determined under | 205 |
this division was paid. | 206 |
(J)(1) Except as provided in division (J)(2) of
this section | 207 |
and notwithstanding any contrary provision of this
section, the | 208 |
board shall, in computing a pension or benefit
under section | 209 |
742.37 or 742.39 of the Revised
Code, give a member of the fund | 210 |
who is not receiving a pension or disability benefit from the
fund | 211 |
full credit for service credit purchased under this section
for | 212 |
service that was less than full-time service if the member | 213 |
provides
evidence satisfactory to the board that, after
receiving | 214 |
written notice from the fund indicating that the
member would be | 215 |
permitted to purchase service credit for service that
was less | 216 |
than full-time, the member changed or ceased the
member's | 217 |
employment with the understanding that the credit
identified in | 218 |
the notice would be used in computing a pension or
benefit. If | 219 |
the board has
canceled service credit purchased under this section | 220 |
for service
that was less than full-time service and the member | 221 |
meets the
requirements of division (J)(1)
of this section, the | 222 |
board shall restore the service credit on
repayment to the fund of | 223 |
the amount refunded to the member at
the time of cancellation. | 224 |
(2) If a member of the fund who is not receiving a
pension | 225 |
or disability benefit from the fund purchased credit
under this | 226 |
section for service that was less than full-time
service and does | 227 |
not meet the requirements of division
(J)(1) of this section, the | 228 |
board shall refund to the member any amounts paid to purchase
the | 229 |
credit, with interest at a rate determined by the board from
the | 230 |
date the member purchased the credit to the date of the
refund. | 231 |
(K) A member of the fund who has purchased service credit | 232 |
under
this section, or the member's estate, is entitled to a | 233 |
refund of the amount or
portion of the amount paid to purchase the | 234 |
credit if the purchased credit or
portion of credit does not | 235 |
increase a pension or benefit payable under section
742.37 or | 236 |
742.39
or calculated under section 742.442 of the Revised
Code. | 237 |
The refund cancels an equivalent
amount
of service credit. | 238 |
(L) If a member or former member of the fund who is not a | 239 |
current contributor and has not received a refund of
accumulated | 240 |
contributions elects to receive
credit under section 145.295, | 241 |
3307.761, or
3309.73 of the Revised Code for service for
which | 242 |
the member contributed to the fund or purchased as military | 243 |
service credit, the fund shall
transfer to the
non-uniform | 244 |
retirement system the amount
specified in
division (B) of
section | 245 |
145.295 of the
Revised Code, division
(C) of section
3307.761 of | 246 |
the
Revised Code, or division (B) of
section
3309.73
of the | 247 |
Revised Code. | 248 |
(ii) An amount equal to the lesser of the
amount contributed | 298 |
by the employer to the Cincinnati retirement
system for the year | 299 |
of service or the amount that would have
been contributed by the | 300 |
employer for the year of service had the member been
employed by | 301 |
the member's
current employer as a
member of the Ohio police and | 302 |
fire pension fund at the time the
credit was earned, with interest | 303 |
on
that amount from the last day of the year for which the service | 304 |
credit was
earned to the date of the transfer. | 305 |
(H) A member of the fund who has purchased service credit | 351 |
under
this section, or the member's estate, is entitled to a | 352 |
refund of the amount or
portion of the amount paid to purchase the | 353 |
credit
if the purchased credit does not increase a pension or | 354 |
benefit
payable under section 742.37 or 742.39
or calculated under | 355 |
section 742.442 of the Revised
Code. The
refund cancels an | 356 |
equivalent amount of service credit. | 357 |
Sec. 742.214. (A) As used in this section, "transferred | 362 |
service credit" means service credit purchased or obtained under | 363 |
section 145.295, 145.2913, 3307.761, 3307.765, 3309.73, or | 364 |
3309.731 of the Revised Code prior to the date a member commenced | 365 |
the
employment covered by the Ohio police and fire pension fund | 366 |
for
which the member is currently contributing to the fund. | 367 |
(B) A member of the Ohio police and fire pension fund who is | 368 |
in the active service of a police or fire department
and, has | 369 |
contributions on deposit with, but is no longer contributing to, a | 370 |
non-uniform retirement system, and is not a participant in the | 371 |
deferred retirement option plan established under section 742.43 | 372 |
of the Revised Code shall, in computing years of
service, be given | 373 |
full credit for transferred service credit if a
transfer to the | 374 |
Ohio police and fire pension fund is made under
this section. At | 375 |
the request of a member, the non-uniform system
shall transfer to | 376 |
the Ohio police and fire pension fund the sum of
the following: | 377 |
(2) Interest, determined as provided in division (E) of this | 381 |
section, on the amount specified in division (B)(1) of this | 382 |
section for the period from the last day of the year in which the | 383 |
transfer under section 145.295, 145.2913, 3307.761, 3307.765, | 384 |
3309.73, or 3309.731 of the Revised Code was made to the date a | 385 |
transfer is made under this section. | 386 |
(C) A member of the fund
with at least eighteen months of | 387 |
contributing service credit with the Ohio police and fire pension | 388 |
fund who is in the active service of a police or fire department, | 389 |
and has received a refund of contributions to a non-uniform | 390 |
retirement system, and is not a participant in the deferred | 391 |
retirement option plan established under section 742.43 of the | 392 |
Revised Code shall, in computing years of service, be given
full | 393 |
credit for transferred service credit if, for each year of | 394 |
service, the Ohio police and fire pension fund receives the sum of | 395 |
the following: | 396 |
(2) Interest, which shall be transferred by the non-uniform | 402 |
system, on the amount refunded to the member for the period from | 403 |
the last day of the year in which the transfer under section | 404 |
145.295, 145.2913, 3307.761, 3307.765, 3309.73, or 3309.731 of the | 405 |
Revised Code was made to the date the refund was made; | 406 |
(3) If the non-uniform system retained any portion of the | 407 |
amount transferred under section 145.295, 145.2913, 3307.761, | 408 |
3307.765, 3309.73, or 3309.731 of the Revised Code, an amount, | 409 |
which shall be transferred by the non-uniform system, equal to the | 410 |
amount retained, with interest on that amount for the period from | 411 |
the last day of the year in which the transfer under section | 412 |
145.295, 145.2913, 3307.761, 3307.765, 3309.73, or 3309.731 of the | 413 |
Revised Code was made to the date a transfer is made under this | 414 |
section. | 415 |
(D) Service credit purchased or obtained under this section | 421 |
shall be used in computing the pension and benefits payable under | 422 |
section 742.37 or 742.39 of the Revised Code. A member may choose | 423 |
to purchase only part of the credit the member is eligible to | 424 |
purchase under division (C) of this section in any one payment, | 425 |
subject to rules adopted by the board of trustees of the Ohio | 426 |
police and fire pension fund. A member is ineligible to purchase | 427 |
or obtain service credit under this section for service to be used | 428 |
in the calculation of any retirement benefit currently being paid | 429 |
or payable to the member in the future under any other retirement | 430 |
program or for service credit that may be purchased or obtained | 431 |
under section 742.21 of the Revised Code. | 432 |
(E) Interest charged under this section shall be calculated | 433 |
separately for each year of service credit at the lesser of the | 434 |
actuarial assumption rate for that year of the Ohio police and | 435 |
fire pension fund or of the non-uniform retirement system to which | 436 |
the credit was transferred under section 145.295, 145.2913, | 437 |
3307.761, 3307.765, 3309.73, or 3309.731 of the Revised Code. The | 438 |
interest shall be compounded annually. | 439 |
(G) At the request of the Ohio police and fire pension fund, | 448 |
the non-uniform retirement system shall certify to the fund a copy | 449 |
of the records of the service and contributions of a member of the | 450 |
fund who seeks service credit under this section. The non-uniform | 451 |
retirement system shall specify the portions of the amounts | 452 |
transferred that are attributable to employee contributions, | 453 |
employer contributions, and interest. | 454 |
(H) If a member of the fund who is not a current contributor | 455 |
elects to receive service credit under section 145.2913, 3307.765, | 456 |
or 3309.731 of the Revised Code for transferred service credit, as | 457 |
defined in those sections, the fund shall transfer to the | 458 |
non-uniform retirement system, as applicable, the amount specified | 459 |
in division (B) or (C) of section 145.2913, division (B) or (C) of | 460 |
section 3307.765, or division (B) or (C) of section 3309.731 of | 461 |
the Revised Code. | 462 |
Sec. 742.221. A member of the Ohio police and fire
pension | 464 |
fund who, during the period of
employment
as a member of a police | 465 |
or fire department, is removed from
active pay status due to | 466 |
pregnancy or a medical disability leave
not exceeding one year for | 467 |
each such leave,and who is not a participant in the deferred | 468 |
retirement option plan established under section 742.43 of the | 469 |
Revised Code shall, in computing
years of active service in such | 470 |
department under division (C) of
section 742.37 or section 742.39 | 471 |
of the Revised Code, be given
full credit for time for which | 472 |
contributions were not made during such leave
of absence if all of | 473 |
the following conditions are met: | 474 |
Sec. 742.23. A member of the fund who is an employee of the | 485 |
police department
of a municipal corporation
and, who has resigned | 486 |
or has been honorably
discharged from membership in the fire | 487 |
department of the same municipal
corporation, and who is not a | 488 |
participant in the deferred retirement option plan established | 489 |
under section 742.43 of the Revised Code shall, in computing years | 490 |
of service in the police department
under section 742.37 or 742.39 | 491 |
of the Revised Code, be given
full credit for time served in such | 492 |
fire department, provided the
member has paid into the Ohio police | 493 |
and fire
pension fund a sum equal to that which the member would | 494 |
have
been required to pay, under former section 741.12 and section | 495 |
742.31 of the
Revised Code, as a member of such fire department | 496 |
during the years for which
service credit is claimed had the | 497 |
member been contributing a
percentage of the member's salary to a | 498 |
firemen's
relief and pension fund or to the Ohio police and
fire | 499 |
pension fund as
provided by such sections during such years. | 500 |
Sec. 742.24. A member of the fund who is an employee of the | 501 |
fire department
of a municipal corporation
and, who has resigned | 502 |
or has been honorably
discharged from membership in the police | 503 |
department of the same municipal
corporation, and who is not a | 504 |
participant in the deferred retirement option plan established | 505 |
under section 742.43 of the Revised Code shall, in computing years | 506 |
of service in the fire department under
section 742.37 or 742.39 | 507 |
of the Revised Code, be given full
credit for the time served
in | 508 |
such police department, provided the member has paid into
the Ohio | 509 |
police and
fire pension
fund a sum equal to that which the member | 510 |
would have been
required to pay, under former section 741.43 and | 511 |
section 742.31 of the Revised
Code, as a member of such police | 512 |
department during the years for which service
credit is claimed | 513 |
had the member been contributing a
percentage of the member's | 514 |
salary to a police relief and
pension fund or to the Ohio police | 515 |
and fire
pension fund, as provided by such sections during such | 516 |
years. | 517 |
Sec. 742.251. (A) A member of the Ohio police and
fire | 518 |
pension fund
who is not a participant in the deferred retirement | 519 |
option plan established under section 742.43 of the Revised Code, | 520 |
in computing years of
active service
under division (C) of section | 521 |
742.37 or section 742.39 of the
Revised Code, shall
be given full | 522 |
credit for full-time out-of-state or federal
service, other than | 523 |
military service, purchased under this
section. A member may | 524 |
purchase credit for such service if all of
the following | 525 |
conditions are met: | 526 |
(B) On receipt of a request from a member eligible to | 536 |
purchase credit under this section, the fund shall obtain from
its | 537 |
actuary certification of the amount of the additional
liability to | 538 |
the fund for each year of credit the member is
eligible to | 539 |
purchase and shall notify the member of that amount.
For each year | 540 |
of credit purchased, the member shall pay to the
fund an amount | 541 |
equal to the additional liability resulting from
the purchase of | 542 |
credit for that year. Payment shall be made in
full at the time | 543 |
of purchase. | 544 |
(B) A member of the Ohio police and
fire pension fund who, | 562 |
during employment as a member of a police
or fire department, is | 563 |
removed from active pay status by being
laid off by the member's | 564 |
employer, shall, in computing years
of active service under | 565 |
division (C) of section 742.37 or section
742.39 of the Revised | 566 |
Code, be given full credit for time for which
contributions were | 567 |
not made during the period the member was
laid off, if all of the | 568 |
following conditions are met: | 569 |
Sec. 742.37. The board of trustees of the Ohio police and | 597 |
fire pension fund shall
adopt rules for the
management of the fund | 598 |
and for the disbursement of benefits and
pensions as set forth in | 599 |
this
section and section 742.39 of the Revised Code. Any
payment | 600 |
of a benefit
or pension under this section is subject to the | 601 |
provisions of
section 742.461 of the Revised Code.
Notwithstanding | 602 |
any other
provision of this section, no pension or
benefit paid or | 603 |
determined under division (B) or (C) of this
section or section | 604 |
742.39
of the Revised Code shall exceed
the
limit established by | 605 |
section 415 of the
"Internal Revenue
Code of
1986," 100 Stat. | 606 |
2085, 26 U.S.C.A. 415, as amended. | 607 |
(A) Persons who were receiving benefit or pension payments | 608 |
from a police relief and pension fund established under former | 609 |
section 741.32 of the Revised Code, or from a firemen's relief and | 610 |
pension
fund established under former
section 521.02 or
741.02 of | 611 |
the Revised Code, at the time the assets of the
fund
were | 612 |
transferred to the Ohio police and fire pension fund, known
at | 613 |
that time as the police and firemen's disability and
pension fund, | 614 |
shall receive benefit and pension payments from the
Ohio police | 615 |
and
fire pension fund in
the same
amount and subject to the same | 616 |
conditions as such payments
were
being made from the former fund | 617 |
on the date of
the transfer. | 618 |
(B) A member of the fund who, pursuant to law, elected to | 619 |
receive benefits and pensions from a police relief and pension | 620 |
fund established under former section 741.32 of the Revised
Code, | 621 |
or from a firemen's relief and
pension fund established
under | 622 |
former section 741.02 of the Revised Code, in accordance
with the | 623 |
rules of the fund governing the granting of
benefits or
pensions | 624 |
therefrom in force on April 1, 1947, shall receive
benefits and | 625 |
pensions from the Ohio police and fire
pension
fund in accordance | 626 |
with such rules; provided, that
any member of the fund who is not | 627 |
receiving a benefit or pension
from the fund on August 12, 1975, | 628 |
may, upon application for a
benefit or pension to be received on | 629 |
or after August 12, 1975,
elect to receive a benefit or pension in | 630 |
accordance with division
(C) of this section. | 631 |
(1) A member of the fund who has completed twenty-five
years | 637 |
of active service in a police or fire department and has
attained | 638 |
forty-eight years of age may, at the member's
election, retire | 639 |
from the police or fire department.
Except while
participating in | 640 |
the deferred retirement option plan established
under section | 641 |
742.43 of the Revised Code, uponUpon notifying the board
in | 642 |
writing of
the election,
the member shall receive an annual | 643 |
pension,
payable
in twelve monthly installments, in an amount | 644 |
equal to a
percentage
of the member's average annual salary. The | 645 |
percentage
shall
be
the sum of two and one-half per cent for each | 646 |
of the
first
twenty
years the member was in the active service of | 647 |
the
department,
plus
two per cent for each of the twenty-first to | 648 |
twenty-fifth
years
the member was in the active service of the | 649 |
department, plus one
and one-half per cent for each year in excess | 650 |
of twenty-five
years
the member was in the active service of the | 651 |
department. The
annual pension shall not exceed seventy-two per | 652 |
cent of the
member's average annual salary. | 653 |
While participating in the deferred retirement option plan | 660 |
established under section 742.43 of the Revised Code, a member | 661 |
shall not be considered to have elected retirement under division | 662 |
(C)(1) of this section. On notifying the board under division | 663 |
(B)(1) of section 742.444 of the Revised Code of the member's | 664 |
election to terminate active service, a member described in | 665 |
division (B) of that section shall receive an annual pension under | 666 |
division (C)(1) of this section calculated in accordance with | 667 |
section 742.442 of the Revised Code and rules that shall be | 668 |
adopted by the board of trustees of the Ohio police and fire | 669 |
pension fund. | 670 |
(2) A member of the fund who has served fifteen or more | 671 |
years as an active member of a police or fire department and who | 672 |
voluntarily resigns or is discharged from the department
for any | 673 |
reason other than dishonesty, cowardice, intemperate habits, or | 674 |
conviction of a felony, shall receive an annual pension, payable | 675 |
in twelve monthly installments, in an amount equal to one and | 676 |
one-half per cent of the member's average annual salary
multiplied | 677 |
by the
number of full years the member was in the active service | 678 |
of
the department. The pension payments shall not commence
until | 679 |
the
member has attained the age of forty-eight years and until | 680 |
twenty-five years have elapsed from the date on which the
member | 681 |
became a
full-time regular police officer or
firefighter in the | 682 |
department. | 683 |
(3) A member of the fund who has completed fifteen or more | 684 |
years of active service in a police or fire department and who
has | 685 |
attained sixty-two years of age, may retire from the
department | 686 |
and, upon notifying the board in writing of the
election to | 687 |
retire, shall receive an annual pension, payable in
twelve monthly | 688 |
installments, in an amount equal to a percentage
of the member's | 689 |
average annual salary. The percentage
shall be the sum of two and | 690 |
one-half per cent for each of the first twenty
years
the member | 691 |
was in the active service of the department,
plus
two per cent for | 692 |
each of the twenty-first to twenty-fifth years
the member was in | 693 |
the active service of the department, plus one and one-half
per | 694 |
cent for each year in excess of twenty-five years the member
was | 695 |
in the
active service of the department. The
annual pension shall | 696 |
not
exceed seventy-two per cent of the member's average annual | 697 |
salary. | 698 |
(2) A surviving spouse of a deceased member of the fund | 726 |
shall receive a monthly pension
of four hundred ten dollars if
the | 727 |
surviving spouse is eligible
for a benefit under division
(B) or | 728 |
(D) of section 742.63 of the
Revised Code. If the surviving | 729 |
spouse ceases to be eligible
for a benefit under division (B) or | 730 |
(D) of section 742.63 of
the Revised
Code, the pension shall be | 731 |
increased, effective the first day of the first month following | 732 |
the day on which the surviving spouse ceases to be eligible for | 733 |
the benefit,
to the amount it would be under division (D)(1) of | 734 |
this section had
the spouse never
been eligible for a benefit | 735 |
under division (B) or (D) of
section 742.63 of the
Revised
Code. | 736 |
(3) A pension paid under this division shall
continue
during | 737 |
the natural life of the surviving spouse.
Benefits to a deceased | 738 |
member's surviving
spouse that
were terminated under a former | 739 |
version of this section that
required termination due to | 740 |
remarriage and were not resumed
prior to September
16, 1998, shall | 741 |
resume on
the first day of the month immediately following receipt | 742 |
by the
board of an application on a form provided by the board. | 743 |
The pension shall commence on the first day of the month | 749 |
immediately following receipt by the board of a completed | 750 |
application on a form provided by the board and evidence | 751 |
acceptable to the board that at the time of death the deceased | 752 |
spouse was a member of or contributor to a police or firemen's | 753 |
relief and pension fund established under former Chapter 521. or | 754 |
741. of the Revised Code and that the surviving spouse's benefits | 755 |
were terminated or not granted due to remarriage. | 756 |
(E)(1) Each surviving child of a deceased member
of the | 757 |
fund
shall receive a monthly pension
until
the child attains the | 758 |
age of eighteen years, or
marries,
whichever
event occurs first.
A | 759 |
pension under this
division,
however, shall
continue to be
payable | 760 |
to a child under age
twenty-two who is a
student in and
attending | 761 |
an institution of
learning or training
pursuant to a
program | 762 |
designed to complete
in
each school year the
equivalent of
at | 763 |
least two-thirds of the
full-time curriculum
requirements of
the | 764 |
institution, as
determined by the board. If
any surviving
child, | 765 |
regardless
of
age at the time of the member's
death,
because of | 766 |
physical
or
mental disability, is totally
dependent
upon the | 767 |
deceased
member
for support at the time of
death, the
child shall | 768 |
receive a
monthly
pension under this
division during
the
child's | 769 |
natural
life or until the child has
recovered
from the
disability. | 770 |
(F)(1) If a deceased member of the fund leaves no surviving | 784 |
spouse or surviving children, but leaves
one or two parents | 785 |
dependent
upon the deceased member for support, each parent shall | 786 |
be
paid a
monthly pension. The
pensions
provided for in this | 787 |
division shall be paid during the
natural
life of the surviving | 788 |
parents, or until dependency ceases,
or
until remarriage, | 789 |
whichever event occurs first. | 790 |
(G) Subject to the provisions of section 742.461 of the | 804 |
Revised Code, a member of the fund who voluntarily
resigns or is | 805 |
removed from active service in a police or fire
department is | 806 |
entitled to receive an amount equal to the sums
deducted from the | 807 |
member's salary and credited to
the member's account in the fund, | 808 |
except that a member receiving a
disability benefit or service | 809 |
pension is not entitled to receive any return of
contributions to | 810 |
the fund. | 811 |
(1) A member of the fund who retired prior to January 1, | 814 |
1967, has attained age sixty-five on January 1, 1970, and was | 815 |
receiving a pension on December 31, 1969, pursuant to division
(B) | 816 |
or (C)(1) of this section
or former division (C)(2), (3), (4), or | 817 |
(5) of this section,
shall have the pension increased by ten per | 818 |
cent. | 819 |
(5) A member of the fund, including a survivor of a
member, | 831 |
who is receiving a pension in accordance with the rules
governing | 832 |
the granting of pensions and benefits in force on April
1, 1947, | 833 |
that provide an increase in the original pension
from
time to time | 834 |
pursuant to changes in the salaries of active
members, shall not | 835 |
be eligible for the benefits provided in this
division. | 836 |
(J) On and after July 1, 1977, a member of the fund who
was | 862 |
receiving an annual pension or benefit on December 31, 1973, | 863 |
pursuant to division (B) of this section, based upon partial | 864 |
disability, off-duty disability, or early vested service, or | 865 |
pursuant to former division (C)(3), (5), or (6) of this section, | 866 |
shall
have such annual pension or benefit increased by three | 867 |
hundred
dollars. | 868 |
(K)(1) Except as otherwise provided in this division,
every | 880 |
person who on July 24, 1986, is receiving an age and
service or | 881 |
disability pension, allowance, or benefit pursuant to
this chapter | 882 |
in an amount less than thirteen thousand dollars a
year that is | 883 |
based upon an award made effective prior to February
28, 1984, | 884 |
shall receive an increase of six hundred dollars a year
or the | 885 |
amount necessary to increase the pension or benefit to
four | 886 |
thousand two hundred dollars after all adjustments required
by | 887 |
this section, whichever is greater. | 888 |
Sec. 742.371. A member of the fund who is in the
active | 905 |
service of a police
or fire department
and, is not receiving
a | 906 |
pension or
benefit payment from the Ohio police and fire
pension | 907 |
fund, and is not a participant in the deferred retirement option | 908 |
plan established under section 742.43 of the Revised Code shall, | 909 |
in computing years of active service in such
department under | 910 |
division (C) of section 742.37 or section
742.39
of the Revised | 911 |
Code, be given credit for
time
previously
served
in the active | 912 |
full-time service
of
an Ohio police
or fire
department, provided | 913 |
both of the
following occur: | 914 |
(B) The member pays into the Ohio police and fire
pension | 919 |
fund the amount received by the member under
division (I) of | 920 |
former section 521.11, division (I) of former section 741.18, | 921 |
division (I) of former section 741.49, or division (G) of section | 922 |
742.37 of the Revised Code, with interest compounded annually | 923 |
thereon at a rate to be determined by the board of trustees of
the | 924 |
Ohio police and
fire
pension fund, from the
date of such receipt | 925 |
to the date of such deposit. | 926 |
Sec. 742.375.
Except for service credit transferred under | 933 |
section 742.214 of the Revised Code, a member of the fund who is | 934 |
in the active
service of a police or fire department
and, is not | 935 |
receiving a
pension or benefit payment from the Ohio police and | 936 |
fire pension
fund, and is not a participant in the deferred | 937 |
retirement option plan established under section 742.43 of the | 938 |
Revised Code shall, in computing years of
active
service in
such | 939 |
department under division (C) of section 742.37 or
section
742.39 | 940 |
of the Revised Code, be given full credit for the time
served in | 941 |
the state highway patrol retirement system, provided
such member | 942 |
pays into the Ohio police and
fire pension fund
the
amount | 943 |
received by the member under section 5505.19 of
the Revised
Code, | 944 |
with interest compounded annually thereon at a rate to be | 945 |
determined by the board of trustees of the Ohio police and fire | 946 |
pension fund from the date of such receipt to the date
of such | 947 |
deposit. The member may choose to purchase only part of
such | 948 |
credit in any one payment, subject to board rules. | 949 |
Sec. 742.376. A member of the fund who is in the active | 956 |
service of a police or fire department
and, is not receiving a | 957 |
pension or benefit payment from the Ohio police and
fire pension | 958 |
fund, and is not a participant in the deferred retirement option | 959 |
plan established under section 742.43 of the Revised Code shall, | 960 |
in computing years of
active
service in such department under | 961 |
division (C) of section 742.37 or
section 742.39 of the Revised | 962 |
Code, be given full credit for
service as a
full-time police | 963 |
officer or
firefighter, provided that all of the
following occur: | 964 |
Sec. 742.3711. (A) On application for retirement as | 983 |
provided in section 742.37 of the Revised Code, a member of the | 984 |
fund may elect to receive a retirement allowance payable | 985 |
throughout the member's life, or may elect, on the
application for | 986 |
retirement, to receive the actuarial
equivalent of the member's | 987 |
retirement
allowance in a lesser amount payable for life and | 988 |
continuing
after death to a surviving designated beneficiary under | 989 |
one
of the following optional plans, provided the amount payable | 990 |
to
the beneficiary shall not exceed the amount payable to the | 991 |
retiring member of the fund, and is certified by the actuary | 992 |
engaged by the board of trustees of the Ohio police and fire | 993 |
pension fund to be the actuarial equivalent of the member's | 994 |
retirement allowance and is approved by the board. | 995 |
(B)(1)
On or after February 28, 1980, theThe death of a | 1014 |
spouse
nominated as beneficiary or the death of any other | 1015 |
nominated
beneficiary following
a member's retirement
or election | 1016 |
under section 742.44 of the Revised Code
to participate in the | 1017 |
deferred retirement option plan shall cancel
any
optional plan of | 1018 |
payment to provide continuing lifetime
benefits
to such nominated | 1019 |
beneficiary and return the member of
the fund
to the member's | 1020 |
single lifetime benefit equivalent, as
determined by the
board, to | 1021 |
be effective the month following
receipt by the board
of notice of | 1022 |
the death. | 1023 |
(2) On divorce, annulment, or marriage dissolution, a
member | 1024 |
receiving a retirement allowance under a plan that
provides for | 1025 |
continuation of all or part of the allowance after
death for the | 1026 |
lifetime of the member's surviving
spouse may, with the written | 1027 |
consent of the spouse or pursuant to an order of
the
court with | 1028 |
jurisdiction over the termination of the marriage,
elect to cancel | 1029 |
the plan and receive the member's single
lifetime benefit | 1030 |
equivalent as determined by the board. The election
shall be made | 1031 |
on a form provided by the board and shall be
effective the month | 1032 |
following its receipt by the board. | 1033 |
(C) Following marriage or remarriage, a member of the fund | 1034 |
receiving a pension under section 742.37 or 742.39 of the Revised | 1035 |
Code may elect not later than one year after the date of marriage | 1036 |
or
remarriage a new optional plan of payment based on the | 1037 |
actuarial
equivalent of the member's single lifetime benefit as | 1038 |
determined
by the
board. The plan and the member's lesser | 1039 |
retirement
allowance shall
become effective on the date the | 1040 |
election is made
on a form approved by the board. | 1041 |
(3) If the retirant does not select an optional plan as | 1077 |
described in division (D)(1)(a) of this section and the board does | 1078 |
not receive the written statement provided for in division | 1079 |
(D)(1)(b)
of this section, it shall determine and pay the | 1080 |
retirement
allowance in accordance with division (A)(2) of this | 1081 |
section,
except that the board may provide by rule for waiver by | 1082 |
the board
of the statement and payment of the allowance other than | 1083 |
in
accordance with division (A)(2) of this section if the retirant | 1084 |
is unable to obtain the statement due to absence or incapacity of | 1085 |
the spouse or other cause specified by the board. | 1086 |
(E) A member of the fund who has elected an optional plan | 1087 |
under this section or section 742.3715 of the Revised Code may, | 1088 |
with the consent of the designated beneficiary, cancel the | 1089 |
optional plan and receive the retirement allowance payable | 1090 |
throughout life the member would have received had
the member not | 1091 |
elected the
optional plan, if the member makes a request to cancel | 1092 |
the
optional plan
not later than one year after the later of | 1093 |
September 9, 1988, or
the date on which the member first receives | 1094 |
a payment under this
section or section 742.3715 of the Revised | 1095 |
Code. Cancellation of
the optional plan shall be effective the | 1096 |
month after acceptance
of the request by the trustees of the fund. | 1097 |
No payment or
adjustment shall be made in the retirement allowance | 1098 |
payable
throughout the member's life to compensate for the lesser | 1099 |
allowance the member received under the optional plan. | 1100 |
(G) A
person is eligible to receive a benefit
increase under | 1110 |
this
division if the person is receiving a retirement allowance or | 1111 |
benefit
under an optional plan elected under this section or | 1112 |
section
742.3715 of the Revised Code based on an award made prior | 1113 |
to July
24, 1986. A person is not eligible to receive an
increase | 1114 |
under this
division if the person is
receiving a
pension or | 1115 |
benefit in accordance with rules in force on April 1,
1947, that | 1116 |
govern the granting of pensions and benefits and that
provide an | 1117 |
increase in the original pension or benefit from time
to time | 1118 |
pursuant to changes in the salaries of active members. | 1119 |
Prior to retiring under section 742.37 of the Revised Code,
a | 1136 |
member or former member of the fund who is, or within twelve | 1137 |
months will be, eligible to retire and receive a pension or | 1138 |
benefit under division (C)(1) or (3) of section 742.37 of
the | 1139 |
Revised Code may designate one dependent, not the member's or | 1140 |
former member's spouse, as the contingent dependent
beneficiary. | 1141 |
The determination of what
constitutes a dependent for the purposes | 1142 |
of this section shall be
made by the board of trustees of the fund | 1143 |
in accordance with
rules adopted pursuant to this section. The | 1144 |
designation shall be
made on a form provided by the board and | 1145 |
shall be filed with the
board. The designation may be changed or | 1146 |
withdrawn in accordance
with rules adopted by the board pursuant | 1147 |
to this section. The
designation shall be used only for the | 1148 |
purposes of this section
and shall cease to have effect if the | 1149 |
member or former member
retires under section 742.37 of the | 1150 |
Revised Code, or dies prior
to retirement and is survived by a | 1151 |
spouse. The board shall
annually inform members and eligible | 1152 |
former members of the fund
of the right to designate a contingent | 1153 |
dependent beneficiary
under this section. | 1154 |
In addition to any other pension, allowance, or benefit | 1155 |
payable under this chapter, the surviving spouse of a deceased | 1156 |
member or former member of the fund who at the time of the | 1157 |
member's or former member's death was eligible to retire and | 1158 |
receive a
pension or benefit under
division (C)(1) or (3) of | 1159 |
section 742.37 of the Revised
Code, but
had not retired, shall | 1160 |
receive an annual retirement allowance
under this section, payable | 1161 |
in twelve monthly installments. If
on the date of death of the | 1162 |
member or former member there is no
surviving spouse, the | 1163 |
allowance shall be paid to the contingent
dependent beneficiary. | 1164 |
If on such date there is no surviving
spouse and no person | 1165 |
designated as a contingent dependent
beneficiary who is determined | 1166 |
by the board of trustees to be a
dependent of the member or former | 1167 |
member, no allowance or benefit
shall be paid under this section. | 1168 |
TheUnless at the time of death the member was participating | 1169 |
in the deferred retirement option plan established under section | 1170 |
742.43 of the Revised Code, the allowance paid under this section | 1171 |
shall be an amount
equal to the amount the surviving spouse or | 1172 |
contingent dependent
beneficiary would have been entitled to | 1173 |
receive had the member or
former member retired effective the day | 1174 |
following the date of
death having selected an option 2 plan under | 1175 |
division (A)(2) of
section 742.3711 of the Revised Code providing | 1176 |
for one-half of
the member's or former member's lesser retirement | 1177 |
allowance
to be paid to the surviving
spouse or contingent | 1178 |
dependent beneficiary.
PaymentsThe allowance paid under this | 1179 |
section to the surviving spouse or contingent dependent | 1180 |
beneficiary of a member who at the time of death was participating | 1181 |
in the deferred retirement option plan established under section | 1182 |
742.43 of the Revised Code shall be an amount calculated in | 1183 |
accordance with section 742.442 of the Revised Code and rules that | 1184 |
shall be adopted by the board of trustees of the Ohio police and | 1185 |
fire pension fund. | 1186 |
(B)(1) Notwithstanding section 742.37 or 742.39 of the | 1217 |
Revised Code,
a member of the fund who is not receiving a pension | 1218 |
or benefit
under this chapter and who on January 1, 1989, has | 1219 |
completed
fifteen or more years of active service in a police or | 1220 |
fire
department may elect to have any future benefit or pension | 1221 |
paid
to the member or the member's spouse or
survivors under this | 1222 |
chapter calculated
on the basis of the member's recalculated | 1223 |
average annual
salary rather
than the member's average annual | 1224 |
salary. The election shall
be made by
the member prior to or at | 1225 |
the time of making an election under
section 742.3711 of the | 1226 |
Revised Code.
This division does not apply to a member of the fund | 1227 |
who
has elected to participate in the deferred retirement option | 1228 |
plan established under section 742.43 of the Revised Code
unless | 1229 |
the member's participation has terminated pursuant to division (C) | 1230 |
of section 742.444 or to section 742.445 of the Revised Code. | 1231 |
(3) The election under division (B)(1) or (2) of this | 1239 |
section shall be made on forms provided by the trustees of the | 1240 |
fund. Once received by the fund, the election shall be | 1241 |
irrevocable and shall bind the member and any other person who | 1242 |
receives a pension or benefit based on the member's service. No | 1243 |
person who receives a pension or benefit calculated in accordance | 1244 |
with division (B) of this section is eligible to receive a | 1245 |
cost-of-living allowance under this section. If the person
making | 1246 |
the election receives a benefit under section 742.3714 of
the | 1247 |
Revised Code, that person is not eligible to receive a | 1248 |
cost-of-living allowance under section 742.3711 of the Revised | 1249 |
Code. | 1250 |
The date of the first
increase paid under
this
section shall | 1262 |
be the anniversary date for future
increases. The pension or | 1263 |
benefit used in the first
calculation
of an
increase under this | 1264 |
section
shall
remain as the
base for all future
increases paid | 1265 |
under
this section,
unless a new base is
established by law.
In | 1266 |
the case of a member who has elected to participate in the | 1267 |
deferred retirement
option plan established under section 742.43 | 1268 |
of the Revised Code
or a member described in division (B) of | 1269 |
section 742.444 of the
Revised Code, the pension amount used in | 1270 |
the first calculation of
an increase under this section shall be | 1271 |
the amount calculated
under section 742.442 of the Revised Code | 1272 |
unless the member's participation has terminated pursuant to | 1273 |
division (C) of section 742.444 or to section 742.445 of the | 1274 |
Revised Code. | 1275 |
To make an election, an eligible member shall complete and | 1287 |
submit to the Ohio police and fire pension fund a form prescribed | 1288 |
by the fund. At this time the member may, but is not required to, | 1289 |
elect under section 742.3711 of the Revised Code to have the | 1290 |
member's monthly pension calculated as a retirement allowance | 1291 |
payable throughout the member's life or a retirement allowance | 1292 |
that continues to a surviving beneficiaryunder option 2 in | 1293 |
division (A) of section 742.3711 of the Revised Code. Unless | 1294 |
rescinded
during a period specified in rules adopted under section | 1295 |
742.43 of
the Revised Code, the election is irrevocable from the | 1296 |
date it
is
received by the fund until the employee ceases to | 1297 |
participate
in
the plan as provided in section 742.444 of the | 1298 |
Revised Code. | 1299 |
Sec. 742.442. For each member who elects to participate in | 1310 |
the
deferred retirement option plan, the Ohio police and fire | 1311 |
pension
fund shall determine under division (C)(1) of section | 1312 |
742.37 of
the Revised Code the monthly pension amount that would | 1313 |
be payable
to the member had the member elected to receive a | 1314 |
pension under that division. In determining the pension
amount, | 1315 |
the fund shall use the member's total service credit and
average | 1316 |
annual salary as of the last day of the employer's payroll period | 1317 |
immediately prior to the effective date of the member's
election | 1318 |
to participate in the
plan. The pension amount shall be | 1319 |
calculated as a retirement
allowance payable for the member's | 1320 |
life, except that, if at the
time of electing to participate in | 1321 |
the plan the member selected
anotherthe plan of payment
in option | 1322 |
2 of division (A) of section 742.3711 of the Revised Code, the | 1323 |
pension
shall be calculated using
thethat plan of payment | 1324 |
selected. | 1325 |
Sec. 742.443. (A) During the period beginning on the | 1329 |
effective date of an
election to participate in the deferred | 1330 |
retirement option plan and
ending on the date
participation | 1331 |
ceases,
a member's monthly pension
amount determined under section | 1332 |
742.442
of the Revised Code shall
accrue to the member's benefit. | 1333 |
To this
amount shall be added
any benefit increases the member | 1334 |
would be
eligible for
under
division (C) of section 742.3716 of | 1335 |
the Revised
Code had the
member, on the effective date of the | 1336 |
member's
election,
retired
under division (C)(1) of section 742.37 | 1337 |
of the
Revised
Code. | 1338 |
(C) During the period beginning on the election's effective | 1363 |
date and ending on the
day before the date
the member ceases | 1364 |
participation in
the
plandistributions under division (B)(3) of | 1365 |
section 742.444 of the Revised Code are completed, the amounts | 1366 |
described in divisions (A) and (B)(1) of
this
section shall earn | 1367 |
interest at an annual rate established by the
board of trustees of | 1368 |
the fund and compounded annually using a
method established by | 1369 |
rule adopted under section 742.43 of the
Revised Code. | 1370 |
(2) If the member's termination of active service occurs
on | 1392 |
or after the date that is the first day of the fourth year after | 1393 |
the effective date of the election to
participate in the plan, the | 1394 |
entire amount that has accrued
to the
member's benefit under the | 1395 |
deferred retirement option plan
shall
be distributed to the member | 1396 |
pursuant to the member's
selection
under division (B)(3) of this | 1397 |
section. If the
termination of
active service occurs before the | 1398 |
date that is four years after
the effective
date of the election | 1399 |
to participate, the member
shall forfeit the
total amount of the | 1400 |
interest credited under
division (C) of
section 742.443 of the | 1401 |
Revised Code. | 1402 |
Sec. 742.52. (A) A member of the Ohio police and
and
fire | 1444 |
pension fund who is not receiving a disability
benefit or pension | 1445 |
from the fund
and is not a participant in the deferred retirement | 1446 |
option plan established under section 742.43 of the Revised Code | 1447 |
may purchase service credit,
which shall be used in computing the | 1448 |
member's years of
service, for each
year of service incurred by | 1449 |
reason of having been on active duty,
active duty for training, | 1450 |
initial active duty for training,
inactive duty training, | 1451 |
full-time national guard duty, and a period for which
a member is | 1452 |
absent from a position of employment for the purpose of an | 1453 |
examination to determine the fitness of the member to perform a | 1454 |
duty, as a member of the armed forces of the United States if the | 1455 |
member is
honorably discharged. Credits which are not authorized | 1456 |
under former
sections 742.18, 742.19, 742.20, and 742.21 or | 1457 |
section 742.521
of the Revised Code may be purchased at any time. | 1458 |
The number of years
purchased under this division shall not exceed | 1459 |
five. | 1460 |
A member
who is not a participant in the deferred retirement | 1465 |
option plan established under section 742.43 of the Revised Code | 1466 |
may purchase service credit which shall be
considered as the | 1467 |
equivalent of Ohio service for each year of
service the member was | 1468 |
a prisoner of war. The number of years
purchased under this | 1469 |
division shall not exceed five. Service
credit may be purchased | 1470 |
under this division for the same years of
service used to purchase | 1471 |
service credit under division (A) of
this section. The member may | 1472 |
choose to purchase only part of
such credit in any one payment, | 1473 |
subject to board rules. | 1474 |
(D) For each year of service purchased under division (A)
or | 1478 |
(B) of this section, the member shall pay to the fund for
credit | 1479 |
to the member's accumulated account an amount
determined by the | 1480 |
member rate of contribution in effect at the time the military | 1481 |
service began or four per cent, whichever is greater, multiplied | 1482 |
by the annual compensation for full-time employment during the | 1483 |
first year of full-time service in Ohio covered by any state or | 1484 |
municipal retirement system of this state following termination of | 1485 |
military service. To this amount shall be added an amount equal | 1486 |
to
compound interest at a rate established by the board of | 1487 |
trustees
of the Ohio police and fire pension fund from the
date | 1488 |
active military service terminated to date of payment. For the | 1489 |
purpose of this section, the board may define full-time service in | 1490 |
Ohio covered by any state or municipal retirement system of this | 1491 |
state. | 1492 |
(2) Used to obtain service credit under former section | 1502 |
742.18, 742.19,
742.20, or 742.21 or section 742.521 of the | 1503 |
Revised Code.
At the time the credit is purchased the member | 1504 |
shall certify on a
form furnished by the trustees that the member | 1505 |
does and will
conform to
this requirement. Any benefit paid under | 1506 |
this section to which
the member is not entitled shall be | 1507 |
recovered by any recovery
procedures available under this chapter. | 1508 |
"Armed forces" of the United States includes army, navy,
air | 1509 |
force, marine corps, coast guard, or any reserve component of such | 1510 |
forces; national guard; the commissioned corps of the United | 1511 |
States public health service; the merchant marine service during | 1512 |
wartime; auxiliary corps as established by congress; service as a | 1513 |
red cross
nurse with the army, navy, air force, hospital service | 1514 |
of the United States,
army nurse corps, navy nurse corps, or | 1515 |
serving full-time with the American red
cross in a combat zone; | 1516 |
and such other service as
may be designated by congress as | 1517 |
included therein. | 1518 |
A member of the fund who has purchased service credit under | 1519 |
this section, or the member's estate, is entitled to be refunded | 1520 |
the
amount paid to purchase such credit, or a pro rata portion | 1521 |
thereof, provided that the purchased service credit, or a portion | 1522 |
of the purchased service credit, does not serve to increase a | 1523 |
pension or benefit paid under section 742.37 or 742.39
or | 1524 |
calculated under section 742.442 of the
Revised Code.
The refund | 1525 |
of any amount paid to purchase credit under this section, or a pro | 1526 |
rata portion thereof, shall cancel an equivalent amount of service | 1527 |
credit. | 1528 |
(A) "Employee" means any qualified employee in the uniform | 1530 |
division of the state highway patrol, any qualified employee in | 1531 |
the radio division hired prior to November 2, 1989, and any state | 1532 |
highway patrol cadet attending training school pursuant to
section | 1533 |
5503.05 of the Revised Code whose attendance at the
school begins | 1534 |
on or after
June 30, 1991.
"Employee" includes the superintendent | 1535 |
of the state highway
patrol. In all cases of doubt, the state | 1536 |
highway patrol
retirement board shall determine whether any person | 1537 |
is an
employee as defined in this division, and the decision of | 1538 |
the
board is final. | 1539 |
(2) If a member is credited with service under division | 1595 |
(C)(6) of this section or division (D) of section 5505.16 of the | 1596 |
Revised Code, the member's final average salary shall be the | 1597 |
average of
the highest salary that was paid to the member or would | 1598 |
have
been paid to the member, had the member
been rendering | 1599 |
contributing service, during any three
consecutive or | 1600 |
nonconsecutive years. If that member has less
than three years of | 1601 |
total service, the member's final
average salary shall be the | 1602 |
average of the annual rates of salary that were
paid to the member | 1603 |
or would have been paid to
the member during the member's years of | 1604 |
total service. | 1605 |
(b) Payments made by the state to provide life insurance, | 1648 |
sickness, accident, endowment, health, medical, hospital, dental, | 1649 |
or surgical coverage, or other insurance for the member or the | 1650 |
member's family, or amounts paid by the state to the member in | 1651 |
lieu of
providing that insurance; | 1652 |
(B) The state shall annually pay into the employer | 1690 |
accumulation fund, in monthly or less frequent installments as
the | 1691 |
state highway patrol retirement board requires, an amount
that | 1692 |
shall be a certain percentage of the total salaries
paid | 1693 |
contributing members and shall be known as the "employer | 1694 |
contribution." If a member severs connection with the patrol
or | 1695 |
is dismissed, the employer contribution shall remain in the | 1696 |
retirement system. | 1697 |
The rate percentage of the employer contribution shall be | 1698 |
certified by the board to the director of budget and management | 1699 |
and shall not be lower than nine per cent of the total salaries | 1700 |
paid contributing members and shall not exceed three times the | 1701 |
rate percentage being deducted from the annual salaries of | 1702 |
contributing members. The board shall prepare and submit to the | 1703 |
director, on or before the first day of November of each | 1704 |
even-numbered year, an estimate of the amounts necessary to pay | 1705 |
the state's obligations accruing during the biennium beginning
the | 1706 |
first day of July of the following year. Such amounts shall
be | 1707 |
included in the budget and allocated as certified by the
board. | 1708 |
(2) The
actuarial equivalent of
thisthe single lifetime | 1718 |
pension
that the member may elect under division (A)(1) of this | 1719 |
section in a lesser annual amount
payable for
histhe member's | 1720 |
life and continuing after
histhe member's death to a
surviving | 1721 |
designated beneficiary under one of the following
optional plans, | 1722 |
provided the annual amount payable to the
designated beneficiary | 1723 |
shall not exceed the annual amount payable
to such retiring | 1724 |
member, the amount is certified by the actuary
employed by the | 1725 |
system to be the actuarial equivalent of
histhe
member's pension, | 1726 |
and the amount is approved by the board: | 1727 |
(3)(c) Option 3. Upon
his death before the expiration of a | 1734 |
certain period from
histhe member's retirement date as elected
by | 1735 |
himthe member and approved by the board,
histhe
member's lesser | 1736 |
pension shall be continued for
the remainder of such period to the | 1737 |
beneficiaries, and in such
order, as designated by
himthe member | 1738 |
in writing and filed with
the board. No monthly payments shall be | 1739 |
paid to joint beneficiaries, but
they may jointly receive the | 1740 |
present value of any remaining
payments in a lump sum settlement. | 1741 |
If all designated
beneficiaries die before the expiration of such | 1742 |
period, the
present value of all the payments yet remaining in the | 1743 |
period
shall be paid to the estate of the beneficiary last | 1744 |
receiving
such payments. | 1745 |
(3) If the member has attained age fifty-one with at least | 1746 |
twenty-five years' total service or fifty-two with at least twenty | 1747 |
years' total service, a pension consisting of both a partial | 1748 |
benefit lump sum in an amount the member designates that | 1749 |
constitutes a
portion of the single lifetime pension the member | 1750 |
may elect
under division (A)(1) of this section and the actuarial | 1751 |
equivalent
of the remainder of the single lifetime pension payable | 1752 |
for the
member's life, provided an actuary employed by the system | 1753 |
certifies the actuarial equivalent and the board approves the | 1754 |
partial benefit lump
sum payment and the amount to be paid as the | 1755 |
actuarial equivalent. | 1756 |
A member who has attained the age of fifty-one with | 1761 |
twenty-five years of service who elects a partial benefit lump sum | 1762 |
may designate an amount that does not exceed an amount equal to | 1763 |
one month's pension for each month of service beyond twenty-five | 1764 |
years. A member who has attained the age of fifty-two with twenty | 1765 |
years of service who elects a partial benefit lump sum may | 1766 |
designate an amount that does not exceed an amount equal to one | 1767 |
month's pension for each month of service beyond twenty years.
| 1768 |
(B)(1) The death of a spouse designated as beneficiary or | 1769 |
the death of any other designated beneficiary following
retirement | 1770 |
shall cancel any optional plan of payment
selected under division | 1771 |
(A)(2) of this section to provide
continuing lifetime benefits to | 1772 |
such designated beneficiary and
return the member to the | 1773 |
equivalent of
histhe member's single
lifetime
pension, as | 1774 |
determined by the board, to be effective the month
following | 1775 |
receipt by the board of notice of the death. | 1776 |
(2) On divorce, annulment, or marriage dissolution, a
member | 1777 |
receiving a pension under a plan that provides for
continuation of | 1778 |
all or part of the pension after
his death for
the lifetime of
his | 1779 |
the member's surviving spouse may, with the
written
consent of the | 1780 |
spouse or pursuant to an order of the court with
jurisdiction over | 1781 |
the termination of the marriage, elect to
cancel the plan and | 1782 |
receive the equivalent of
histhe member's
single lifetime
pension | 1783 |
as determined by the board. The election shall be made
on a form | 1784 |
provided by the board and shall be effective the month
following | 1785 |
its receipt by the board. | 1786 |
(D) A member who has elected an optional plan under
division | 1793 |
(A)(2) of this
section may, with the written consent of the | 1794 |
designated
beneficiary, cancel the optional plan and receive the | 1795 |
single lifetime pension
payable throughout his life hethat the | 1796 |
member
would have received had
he not
elected the optional plan | 1797 |
the member elected the single lifetime pension under division | 1798 |
(A)(1) of this section, if
hethe member makes a request to
cancel | 1799 |
the
optional plan not later than one year after the date on which | 1800 |
the
member first receives a payment under the plan. Cancellation | 1801 |
of
the optional plan shall be effective the month after acceptance | 1802 |
of the request by the board. No payment or adjustment shall be | 1803 |
made in the
single lifetime pension
payable throughout the | 1804 |
member's life to
compensate for the lesser pension
hethe member | 1805 |
received under
the optional plan. | 1806 |
Sec. 5505.163. (A) A retirant who
retired prior to | 1817 |
September 21,
1994, under section 5505.16 of the Revised Code may | 1818 |
elect to
receive the actuarial equivalent of the retirant's | 1819 |
pension in a lesser amount
payable for the remainder of the | 1820 |
retirant's life and
continuing after death to the retirant's | 1821 |
surviving designated
beneficiary under one of the optional plans | 1822 |
described in
division (A)(1), (2), or (3)(a), (b), or (c) of | 1823 |
section 5505.162 of the
Revised
Code, provided the annual amount | 1824 |
payable to the designated
beneficiary shall not exceed the annual | 1825 |
amount payable to the retirant,
the amount is certified by the | 1826 |
actuary employed by the state
highway patrol retirement system to | 1827 |
be the actuarial equivalent of
the retirant's pension, and the | 1828 |
state highway patrol retirement
board approves the amount. | 1829 |
(B) A retirant interested in making the election authorized | 1830 |
by
division (A) of this section shall file a notice of interest | 1831 |
with
the board not later than sixty days after
the effective date | 1832 |
of this
sectionJune30, 2000.
The board shall
advise the | 1833 |
retirant with respect to the choices available under the optional | 1834 |
plans and have a
determination made of the monthly pension payable | 1835 |
under the
optional plan elected by the member for inclusion in the | 1836 |
statement
to be filed under division (C) of this section. | 1837 |
The board shall determine whether the member qualifies for | 1872 |
disability retirement and its decision shall be final. The board | 1873 |
shall consider the written medical
or psychological report, | 1874 |
opinions, statements,
and other competent evidence in making its | 1875 |
determination. If the
incapacity is a result of heart disease or | 1876 |
any cardiovascular
disease of a chronic nature, which disease or | 1877 |
any evidence of
which was not revealed by the physical examination | 1878 |
passed by the
member on entry into the patrol, the member is | 1879 |
presumed to have
incurred the disease in the line of duty as a | 1880 |
member of the
patrol, unless the contrary is shown by competent | 1881 |
evidence. | 1882 |
(B)(1) A member whose retirement on account of disability | 1883 |
incurred in the line of duty shall receive the applicable pension | 1884 |
provided for in section 5505.17 of the Revised Code, except that | 1885 |
if the member has less than twenty-five years of contributing | 1886 |
service, the member's service credit shall be deemed to be | 1887 |
twenty-five
years for the purpose of this provision. In no case | 1888 |
shall the
member's
disability pension be less than sixty-one and | 1889 |
one-quarter
per cent or exceed the
lesser of
seventy-nine and | 1890 |
one-quarter
per cent of
the member's
final average salary or the | 1891 |
limit established by section 415 of
the "Internal
Revenue Code of | 1892 |
1986," 100 Stat. 2085, 26 U.S.C.A.
415, as
amended. | 1893 |
(2) A member whose retirement on account of disability | 1894 |
incurred not in the line of duty shall receive the applicable | 1895 |
pension provided for in section 5505.17 of the Revised Code, | 1896 |
except that if the member has less than twenty years of | 1897 |
contributing service, the member's service credit shall be
deemed | 1898 |
to be
twenty years for the purpose of this provision. In no case | 1899 |
shall
the member's disability pension exceed the lesser of | 1900 |
seventy-nine
and
one-quarter
per cent
of
the member's final | 1901 |
average salary or the limit
established by
section
415 of the | 1902 |
"Internal Revenue Code of 1986," 100 Stat.
2085, 26
U.S.C.A. 415, | 1903 |
as amended. | 1904 |
(C) The state highway patrol retirement board shall adopt | 1905 |
rules requiring
a disability pension recipient, as a condition of | 1906 |
continuing to receive
a disability pension, to agree in writing to | 1907 |
obtain any medical
or psychological
treatment recommended by the | 1908 |
board's
physicianhealth-care professional and submit medical
or | 1909 |
psychological reports
regarding the treatment. If the board | 1910 |
determines that a disability pension
recipient is not obtaining | 1911 |
the medical
or psychological treatment or the board does not | 1912 |
receive
a required medical
or psychological report, the
disability | 1913 |
pension shall
be suspended until the
treatment is
obtained, the | 1914 |
report is received
by the board, or the board's
physician | 1915 |
health-care professional certifies that the
treatment is no longer | 1916 |
helpful or advisable. Should
the recipient's failure to obtain | 1917 |
treatment or submit a medical
or psychological report
continue for | 1918 |
one
year, the recipient's right to the disability benefit shall be | 1919 |
terminated as of the effective date of the original suspension. | 1920 |
(D) A member placed on a disability pension who has not | 1921 |
attained the age of fifty-five years shall be subject to
an annual | 1922 |
medical
or psychological re-examination by
physicianshealth-care | 1923 |
professionals appointed by the board, except
that the board may | 1924 |
waive the
medical re-examination if the board's
physicians | 1925 |
health-care professionals
certify that the member's disability is | 1926 |
ongoing.
If any member placed on a disability pension refuses to | 1927 |
submit to a
medical
or psychological re-examination, the member's | 1928 |
disability pension shall be
suspended
until the member withdraws | 1929 |
the refusal. If the refusal continues for one
year, all the | 1930 |
member's rights under and to the disability pension shall be | 1931 |
terminated as of the effective date of the original
suspension. | 1932 |
(E) Each recipient of a disability pension
who has not | 1933 |
attained the age of fifty-five years shall file
with the board an | 1934 |
annual statement of earnings,
current medical
or psychological | 1935 |
information on the recipient's
condition, and any other | 1936 |
information required in rules adopted by the board.
The board may | 1937 |
waive the requirement that a disability benefit recipient file
an | 1938 |
annual statement of earnings or current medical
or psychological | 1939 |
information
if the board's
physicianhealth-care professional | 1940 |
certifies that the recipient's disability is
ongoing. | 1941 |
(F)(1) Except as provided in division (F)(2) of this | 1948 |
section, a retirant who has been on
disability pension, and who | 1949 |
has been physically
or psychologically examined and
found no | 1950 |
longer incapable of performing the retirant's
duties, shall be | 1951 |
restored to the
rank the retirant held at the time the
retirant | 1952 |
was pensioned and all previous
rights shall be restored, including | 1953 |
the retirant's civil
service status, and
the disability pension | 1954 |
shall terminate. Upon
return to employment in the patrol, the | 1955 |
retirant shall again
become a
contributing member of the | 1956 |
retirement system, the
total service
at the time of the retirant's | 1957 |
retirement shall be restored
to the retirant's credit,
and the | 1958 |
retirant shall be given service credit for the period
the retirant | 1959 |
was in
receipt of a disability pension. The provisions of | 1960 |
division
(F)(1) of this section
shall be retroactive to September | 1961 |
5, 1941. | 1962 |
Section 2. That existing sections 742.21,
742.212,
742.214, | 1971 |
742.221, 742.23, 742.24, 742.251, 742.27, 742.37,
742.371, | 1972 |
742.375, 742.376, 742.3711, 742.3714, 742.3716, 742.44,
742.442, | 1973 |
742.443, 742.444, 742.52, 5505.01, 5505.15, 5505.162,
5505.163, | 1974 |
and
5505.18
of the Revised Code are hereby repealed. | 1975 |