As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 558


Representative Batchelder 

Cosponsor: Representative Strahorn 



A BILL
To amend sections 145.201, 145.58, and 3501.12 of the 1
Revised Code to increase the salary paid to 2
members of boards of elections and to allow 3
members of boards of elections to purchase 4
additional service credit in the Public Employees 5
Retirement System.6


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

       Section 1. That sections 145.201, 145.58, and 3501.12 of the 7
Revised Code be amended to read as follows:8

       Sec. 145.201.  (A) Subject to the limit described in division9
(C) of this section, anyAs used in this section, "eligible 10
member" means a member of the public employees retirement system 11
who is either of the following:12

        (1) A member who has been appointed by the secretary of state 13
pursuant to section 3501.06 of the Revised Code to serve on a 14
county board of elections;15

        (2) Any member who is or has been an elected official of the 16
state or any political subdivision thereof or has been appointed 17
by the governor with the advice and consent of the senate to serve 18
full-time as a member of a board, commission, or other public 19
body.20

       A member of a board, commission, or other public body shall 21
be considered to be serving fulltime if full-time service is 22
required by law or if the director of administrative services 23
determines that the duties of the position require full-time 24
service.25

        (B) Subject to the limit described in division (D) of this 26
section, an eligible member may at any time prior to retirement 27
purchase additional service credit in an amount not to exceed 28
thirty-five per cent of the service credit allowed the member for 29
the period of service as an elected or appointed officialeligible 30
member subsequent to January 1, 1935, other than credit for 31
military service, part-time service, and service subject to the 32
tax on wages imposed by the "Federal Insurance Contributions Act," 33
68A Stat. 415 (1954), 26 U.S.C.A. 3101, as amended.34

       The(1) A member who is or has been an elected or appointed 35
official may purchase the additional service credit may be 36
purchased by paying into the employees' savings fund an amount 37
computed by multiplying by the employee contribution rate in 38
effect at the time of purchase the member'sofficial's earnable 39
salary for the period of service upon which the purchased credit 40
is based, by the number of years or portions thereof of additional 41
service credit to be purchased, and by paying into the employers' 42
accumulation fund an amount equal to the full amount paid into the 43
employees' savings fund.44

       (2) A member of a board of elections may purchase the 45
additional service credit by paying to the retirement system for 46
each year, or portion of a year, purchased an amount equal to the 47
additional liability resulting from the purchase of that year of 48
service, or portion of year of service, as determined by an 49
actuary employed by the public employees retirement board.50

       (3) If aan eligible member purchases less than the full 51
amount of the additional service credit to which the member is 52
entitled, the period of service upon which the purchase is 53
computed shall be the member's earliest period of such service. 54
The member shall receive full credit for such additional elective55
service in computing an allowance or benefit under section 145.20, 56
145.33, 145.331, 145.34, 145.36, 145.361, or 145.46 of the Revised 57
Code, notwithstanding any other provision of this chapter. The 58
payment to the employees' savings fund and the employers' 59
accumulation fundretirement system for such additional elective60
service credit under this section shall, in the event of death or61
withdrawal from service, be considered as accumulated62
contributions of the member.63

       A member of a board, commission, or other public body shall64
be considered to be serving full-time if full-time service is65
required by law or if the director of administrative services66
determines that the duties of the position require full-time67
service.68

       (B)(C) Notwithstanding division (A)(B) of this section, a 69
member who purchased service credit under this section prior to 70
January 1, 1980, on the basis of part-time service shall be 71
permitted to retain the credit and shall be given full credit for 72
it in computing an allowance or benefit under section 145.20, 73
145.33, 145.331, 145.34, 145.36, 145.361, or 145.46 of the Revised 74
Code. The public employees retirement board has no authority to 75
cancel or rescind such credit.76

       (C)(D) A purchase made under this section shall not exceed 77
the limits established by division (n) of section 415 of the 78
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.79
415(n), as amended.80

       (D)(E) Subject to rules adopted by the public employees 81
retirement board, a member who has purchased service credit under 82
this section is entitled to be refunded all or a portion of the 83
actual amount the member paid for the service credit if, in 84
computing an age and service retirement allowance under division 85
(A)(5) of section 145.33 of Revised Code, the allowance exceeds 86
the limit established by division (A)(6) of that section.87

        A refund under this division cancels the equivalent amount of 88
service credit.89

       (F) Credit for which the cost is calculated under division 90
(B)(2) of this section is subject to the restriction of division 91
(A)(1) of section 145.58 of the Revised Code.92

       Sec. 145.58.  (A) As used in this section, "ineligible93
individual" means all of the following:94

       (1) A former member receiving benefits pursuant to section95
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code for96
whom eligibility is established more than five years after June97
13, 1981, and who, at the time of establishing eligibility, has98
accrued less than ten years' service credit, exclusive of credit99
obtained pursuant to division (B)(2) of section 145.201 or section 100
145.297 or 145.298 of the Revised Code, credit obtained after 101
January 29, 1981, pursuant to section 145.293 or 145.301 of the 102
Revised Code, and credit obtained after May 4, 1992, pursuant to 103
section 145.28 of the Revised Code;104

       (2) The spouse of the former member;105

       (3) The beneficiary of the former member receiving benefits106
pursuant to section 145.46 of the Revised Code.107

       (B) The public employees retirement board may enter into108
agreements with insurance companies, health insuring corporations,109
or government agencies authorized to do business in the state for110
issuance of a policy or contract of health, medical, hospital, or111
surgical benefits, or any combination thereof, for those112
individuals receiving age and service retirement or a disability113
or survivor benefit subscribing to the plan, or for PERS retirants114
employed under section 145.38 of the Revised Code, for coverage of115
benefits in accordance with division (D)(2) of section 145.38 of116
the Revised Code. Notwithstanding any other provision of this117
chapter, the policy or contract may also include coverage for any118
eligible individual's spouse and dependent children and for any of119
the individual's sponsored dependents as the board determines120
appropriate. If all or any portion of the policy or contract121
premium is to be paid by any individual receiving age and service122
retirement or a disability or survivor benefit, the individual123
shall, by written authorization, instruct the board to deduct the124
premium agreed to be paid by the individual to the company,125
corporation, or agency.126

       The board may contract for coverage on the basis of part or127
all of the cost of the coverage to be paid from appropriate funds128
of the public employees retirement system. The cost paid from the129
funds of the system shall be included in the employer's130
contribution rate provided by sections 145.48 and 145.51 of the131
Revised Code. The board may by rule provide coverage to ineligible 132
individuals if the coverage is provided at no cost to the 133
retirement system. The board shall not pay or reimburse the cost 134
for coverage under this section or section 145.325 of the Revised 135
Code for any ineligible individual.136

       The board may provide for self-insurance of risk or level of137
risk as set forth in the contract with the companies,138
corporations, or agencies, and may provide through the139
self-insurance method specific benefits as authorized by rules of140
the board.141

       (C) The board shall, beginning the month following receipt of142
satisfactory evidence of the payment for coverage, pay monthly to143
each recipient of service retirement, or a disability or survivor144
benefit under the public employees retirement system who is145
eligible for medical insurance coverage under part B of Title146
XVIII of "The Social Security Act," 79 Stat. 301 (1965), 42147
U.S.C.A. 1395j, as amended, an amount equal to the basic premium148
for such coverage, except that the board shall make no such149
payment to any ineligible individual.150

       (D) The board shall establish by rule requirements for the151
coordination of any coverage, payment, or benefit provided under152
this section or section 145.325 of the Revised Code with any153
similar coverage, payment, or benefit made available to the same154
individual by the Ohio police and fire pension fund, state155
teachers retirement system, school employees retirement system, or156
state highway patrol retirement system.157

       (E) The board shall make all other necessary rules pursuant158
to the purpose and intent of this section.159

       Sec. 3501.12.  The annual compensation of members of the160
board of elections shall be determined on the basis of the161
population of the county according to the next preceding federal162
census, and shall be paid monthly out of the appropriations made163
to the board and upon vouchers or payrolls certified by the164
chairperson, or a member of the board designated by it, and165
countersigned by the director or in the director's absence by the166
deputy director. Upon presentation of any such voucher or payroll, 167
the county auditor shall issue a warrant upon the county treasurer 168
for the amount thereof as in the case of vouchers or payrolls for169
county offices and the treasurer shall pay such warrant.170

       (A) Except as provided in divisions (B) and (C) of this171
section, the amount of annual compensation of members of the board172
shall be as follows:173

       (1) Eighty-fiveOne hundred eighty-five dollars and 174
seventy-six cents for each full one thousand of the first one 175
hundred thousand population;176

       (2) FortyEighty-eight dollars and fiftyfifty-one cents for 177
each full one thousand of the second one hundred thousand 178
population;179

       (3) Twenty-twoForty-eight dollars and eight cents for each 180
full one thousand of the third one hundred thousand population;181

       (4) SixFourteen dollars and seventy-five cents for each full 182
one thousand above three hundred thousand population.183

       (B) Except as provided in division (C) of this section, the184
compensation of a member of the board shall not be less than three185
seven thousand three hundred seventy-five dollars and ninety-one 186
cents and shall not exceed twentyforty-three thousand seven 187
hundred nine dollars and eight cents annually.188

       (C) In calendar year 2001, the annual compensation of each189
member of the board shall be computed after increasing the dollar190
amounts specified in divisions (A) and (B) of this section by191
three per cent.192

       (D) In calendar year 2002, the annual compensation of each193
member of the board shall be computed after increasing by three194
per cent the dollar amounts used to compute the compensation of a195
member under division (C) of this section.196

       (E) In calendar year 2003 and thereafter, the annual197
compensation of each member of the board shall be computed after198
increasing by three per cent the dollar amounts used to compute199
the compensation of a member under division (D) of this section.200

       For the purposes of this section, members of boards of201
elections shall be deemed to be appointed and not elected, and202
therefore not subject to Section 20 of Article II of the Ohio203
Constitution.204

       Section 2. That existing sections 145.201, 145.58, and 205
3501.12 of the Revised Code are hereby repealed.206