H. B. No. 609 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 609

Representative Patton

A BILL

To amend section 742.63 of the Revised Code to

provide Ohio Public Safety Officers Death Benefit

Fund coverage to drug agents and to investigators

and special agents of the Bureau of Criminal

Identification and Investigation.

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

Section 1. That section 742.63 of the Revised Code be amended	6
to read as follows:	7

Sec. 742.63. The board of trustees of the Ohio police and	8
fire pension fund shall adopt rules for the management of the Ohio	9
public safety officers death benefit fund and for disbursements of	10
benefits as set forth in this section.	11

(A) As used in this section:

(1) "Member" means all of the following:

(a) A member of the Ohio police and fire pension fund,	14
including a member of the fund who has elected to participate in	15
the deferred retirement option plan established under section	16
742.43 of the Revised Code or a member of or contributor to a	17
police or firemen's relief and pension fund established under	18
former Chapter 521. or 741. of the Revised Code;	19

(b) A member of the state highway patrol retirement system,	20
including a member who is participating in the deferred retirement	21
option plan established under section 5505.50 of the Revised Code;	22

(c) A member of the public employees retirement system who at	23
the time of the member's death was one of the following:	24

(i) A county sheriff or deputy sheriff;

(ii) A full-time regular police officer in a municipal	26
corporation or township;	27

(iii) A full-time regular firefighter employed by the state,	28
an instrumentality of the state, a municipal corporation, a	29
township, a joint fire district, or another political subdivision;	30

(iv) A full-time park district ranger or patrol trooper;

(v) A full-time law enforcement officer of the department of	32
natural resources;	33

(vi) A full-time department of public safety enforcement	34
agent;	35

(vii) A full-time law enforcement officer of parks, waterway	36
lands, or reservoir lands under the control of a municipal	37
corporation;	38

(viii) A full-time law enforcement officer of a conservancy	39
district;	40

(ix) A correction officer at an institution under the control	41
of a county, a group of counties, a municipal corporation, or the	42
department of rehabilitation and correction;	43

(x) A state university law enforcement officer;

(xi) An investigator, as defined in section 109.541 of the	45
Revised Code, or an investigator commissioned as a special agent	46
of the bureau of criminal identification and investigation.	47

(xii) A drug agent, as defined in section 145.01 of the	48
Revised Code.	49

(d) A member of a retirement system operated by a municipal	50
corporation who at the time of death was a full-time law	51
enforcement officer of parks, waterway lands, or reservoir lands	52
under the control of the municipal corporation.	53

(2) Notwithstanding section 742.01 of the Revised Code, "fire	54
or police department" includes a fire department of the state or	55
an instrumentality of the state or of a municipal corporation,	56
township, joint fire district, or other political subdivision, the	57
state highway patrol, a county sheriff's office, the security	58
force of an institution under the control of the department of	59
rehabilitation and correction, the security force of a jail or	60
workhouse under the control of a county, group of counties, or	61
municipal corporation, the security force of a metropolitan,	62
county, or township park district, the security force of lands	63
under the control of the department of natural resources,	64
department of public safety enforcement agents, the security force	65
of parks, waterway lands, or reservoir lands under the control of	66
a municipal corporation, the security force of a conservancy	67
district, the police department of a township or municipal	68
corporation, and the police force of a state university.	69

(3) "Firefighter or police officer" includes a state highway	70
patrol trooper, a county sheriff or deputy sheriff, a correction	71
officer at an institution under the control of a county, a group	72
of counties, a municipal corporation, or the department of	73
rehabilitation and correction, a police officer employed by a	74
township or municipal corporation, a firefighter employed by the	75
state, an instrumentality of the state, a municipal corporation, a	76
township, a joint fire district, or another political subdivision,	77
a full-time park district ranger or patrol trooper, a full-time	78
law enforcement officer of the department of natural resources, a	79
full-time department of public safety enforcement agent, a	80
full-time law enforcement officer of parks, waterway lands, or	81
reservoir lands under the control of a municipal corporation, a	82
full-time law enforcement officer of a conservancy district, and a	83
state university law enforcement officer.	84

(4) "Correction officer" includes, in addition to any	85
correction officer, any correction corporal, sergeant, lieutenant,	86
or captain, and the equivalents of all such persons.	87

(5) "A park district ranger or patrol trooper" means a peace	88
officer commissioned to make arrests, execute warrants, and	89
preserve the peace upon lands under the control of a board of park	90
commissioners of a metropolitan, county, or township park	91
district.	92

(6) "Metropolitan, county, or township park district" means a	93
park district created under the authority of Chapter 511. or 1545.	94
of the Revised Code.	95

(7) "Conservancy district" means a conservancy district	96
created under the authority of Chapter 6101. of the Revised Code.	97

(8) "Law enforcement officer" means an officer commissioned	98
to make arrests, execute warrants, and preserve the peace upon	99
lands under the control of the governmental entity granting the	100
commission.	101

(9) "Department of natural resources law enforcement officer"	102
includes a forest officer designated pursuant to section 1503.29	103
of the Revised Code, a preserve officer designated pursuant to	104
section 1517.10 of the Revised Code, a wildlife officer designated	105
pursuant to section 1531.13 of the Revised Code, a park officer	106
designated pursuant to section 1541.10 of the Revised Code, and a	107
state watercraft officer designated pursuant to section 1547.521	108
of the Revised Code.	109

(10) "Retirement eligibility date" means the last day of the	110
month in which a deceased member would have first become eligible,	111
had the member lived, for the retirement pension provided under	112
section 145.33, Chapter 521. or 741., division (C)(1) of section	113
742.37, or division (A)(1) of section 5505.17 of the Revised Code	114
or provided by a retirement system operated by a municipal	115
corporation.	116

(11) "Death benefit amount" means an amount equal to the full	117
monthly salary received by a deceased member prior to death, minus	118
an amount equal to the benefit received under section 145.45,	119
742.37, 742.3714, or 5505.17 of the Revised Code or the benefit	120
received from a retirement system operated by a municipal	121
corporation, plus any increases in salary that would have been	122
granted the deceased member.	123

(12) "Killed in the line of duty" means either of the	124
following:	125

(a) Death in the line of duty;

126

(b) Death from injury sustained in the line of duty,	127
including heart attack or other fatal injury or illness caused	128
while in the line of duty.	129

(B) A spouse of a deceased member shall receive a death	130
benefit each month equal to the full death benefit amount,	131
provided that the deceased member was a firefighter or police	132
officer killed in the line of duty and there are no surviving	133
children eligible for a benefit under this section. The spouse	134
shall receive this benefit during the spouse's natural life until	135
the deceased member's retirement eligibility date, on which date	136
the benefit provided under this division shall terminate.	137

(C)(1) If a member killed in the line of duty as a	138
firefighter or police officer is survived only by a child or	139
children, the child or children shall receive a benefit each month	140
equal to the full death benefit amount. If there is more than one	141
surviving child, the benefit shall be divided equally among these	142
children.	143

(2) If the death benefit paid under this division is divided	144
among two or more surviving children and any of the children	145
become ineligible to continue receiving a portion of the benefit	146
as provided in division (H) of this section, the full death	147
benefit amount shall be paid to the remaining eligible child or	148
divided among the eligible children so that the benefit paid to	149
the remaining eligible child or children equals the full death	150
benefit amount.	151

(3) Notwithstanding divisions (C)(1) and (2) of this section,	152
all death benefits paid under this division shall terminate on the	153
deceased member's retirement eligibility date.	154

(D) If a member killed in the line of duty as a firefighter	155
or police officer is survived by both a spouse and a child or	156
children, the monthly benefit provided shall be as follows:	157

(1)(a) If there is a surviving spouse and one surviving	158
child, the spouse shall receive an amount each month equal to	159
one-half of the full death benefit amount and the child shall	160
receive an amount equal to one-half of the full death benefit	161
amount.	162

(b) If the surviving spouse dies or the child becomes	163
ineligible as provided in division (H) of this section, the	164
surviving spouse or child remaining eligible shall receive the	165
full death benefit amount.	166

(2)(a) If there is a surviving spouse and more than one	167
child, the spouse shall receive an amount each month equal to	168
one-third of the full death benefit amount and the children shall	169
receive an amount, equally divided among them, equal to two-thirds	170
of the full death benefit amount.	171

(b) If a spouse and more than one child each are receiving a	172
death benefit under division (D)(2)(a) of this section and the	173
spouse dies, the children shall receive an amount each month,	174
equally divided among them, equal to the full death benefit	175
amount.	176

(c) If a spouse and more than one child each are receiving a	177
benefit under division (D)(2)(a) of this section and any of the	178
children becomes ineligible to receive a benefit as provided in	179
division (H) of this section, the spouse and remaining eligible	180
child or children shall receive a death benefit as follows:	181

(i) If there are two or more remaining eligible children, the	182
spouse shall receive an amount each month equal to one-third of	183
the full death benefit amount and the children shall receive an	184
amount each month, equally divided among them, equal to two-thirds	185
of the full death benefit amount;	186

(ii) If there is one remaining eligible child, the spouse	187
shall receive an amount each month equal to one-half of the full	188
death benefit amount, and the child shall receive an amount each	189
month equal to one-half of the full death benefit amount.	190

(d) If a spouse and more than one child each are receiving a	191
benefit under division (D)(2)(a) of this section and all of the	192
children become ineligible to receive a benefit as provided in	193
division (H) of this section, the spouse shall receive the full	194
death benefit amount.	195

(3) Notwithstanding divisions (D)(1) and (2) of this section,	196
death benefits paid under this division to a surviving spouse	197
shall terminate on the member's retirement eligibility date. Death	198
benefits paid to a surviving child or children shall terminate on	199
the deceased member's retirement eligibility date unless earlier	200
terminated pursuant to division (H) of this section.	201

(E) If a member, on or after January 1, 1980, is killed in	202
the line of duty as a firefighter or police officer and is	203
survived by only a parent or parents dependent upon the member for	204
support, the parent or parents shall receive an amount each month	205
equal to the full death benefit amount. If there is more than one	206
surviving parent dependent upon the deceased member for support,	207
the death benefit amount shall be divided equally among the	208
surviving parents. On the death of one of the surviving parents,	209
the full death benefit amount shall be paid to the other parent.	210

(F)(1) The following shall receive a monthly death benefit	211
under this division:	212

(a) A surviving spouse whose benefits are terminated in	213
accordance with division (B) or (D)(3) of this section on the	214
deceased member's retirement eligibility date, or who would	215
qualify for a benefit under division (B) or (D) of this section	216
except that the deceased member reached the member's retirement	217
eligibility date prior to the member's death;	218

(b) A qualified surviving spouse of a deceased member of or	219
contributor to a police or firemen's relief and pension fund	220
established under former Chapter 521. or 741. of the Revised Code	221
who was a firefighter or police officer killed in the line of	222
duty.	223

(2) The monthly death benefit shall be one-half of an amount	224
equal to the monthly salary received by the deceased member prior	225
to the member's death, plus any salary increases the deceased	226
member would have received prior to the member's retirement	227
eligibility date. The benefit shall terminate on the surviving	228
spouse's death. A death benefit payable under this division shall	229
be reduced by an amount equal to any allowance or benefit payable	230
to the surviving spouse under section 742.3714 of the Revised	231
Code.	232

(3) A benefit granted to a surviving spouse under division	233
(F)(1)(b) of this section shall commence on the first day of the	234
month immediately following receipt by the board of a completed	235
application on a form provided by the board and any evidence the	236
board may require to establish that the deceased spouse was killed	237
in the line of duty.	238

(G)(1) If there is not a surviving spouse eligible to receive	239
a death benefit under division (F) of this section or the	240
surviving spouse receiving a death benefit under that division	241
dies, a surviving child or children whose benefits under division	242
(C) or (D) of this section are or have been terminated pursuant to	243
division (C)(3) or (D)(3) of this section or who would qualify for	244
a benefit under division (C) or (D) of this section except that	245
the deceased member reached the member's retirement eligibility	246
date prior to the member's death shall receive a monthly death	247
benefit under this division. The monthly death benefit shall be	248
one-half of an amount equal to the monthly salary received by the	249
deceased member prior to the member's death, plus any salary	250
increases the member would have received prior to the member's	251
retirement eligibility date. If there is more than one surviving	252
child, the benefit shall be divided equally among the surviving	253
children.	254

(2) If two or more surviving children each are receiving a	255
benefit under this division and any of those children becomes	256
ineligible to continue receiving a benefit as provided in division	257
(H) of this section, the remaining eligible child or children	258
shall receive an amount equal to one-half of the monthly salary	259
received by the deceased member prior to death, plus any salary	260
increases the deceased member would have received prior to the	261
retirement eligibility date. If there is more than one remaining	262
eligible child, the benefit shall be divided equally among the	263
eligible children.	264

(3) A death benefit, or portion of a death benefit, payable	265
to a surviving child under this division shall be reduced by an	266
amount equal to any allowance or benefit payable to that child	267
under section 742.3714 of the Revised Code, but the reduction in	268
that child's benefit shall not affect the amount payable to any	269
other surviving child entitled to a portion of the death benefit.	270

(H) A death benefit paid to a surviving child under division	271
(C), (D), or (G) of this section shall terminate on the death of	272
the child or, unless one of the following is the case, when the	273
child reaches age eighteen:	274

(1) The child, because of physical or mental disability, is	275
unable to provide the child's own support, in which case the death	276
benefit shall terminate when the disability is removed;	277

(2) The child is unmarried, under age twenty-two, and a	278
student in and attending an institution of learning or training	279
pursuant to a program designed to complete in each school year the	280
equivalent of at least two-thirds of the full-time curriculum	281
requirements of the institution, as determined by the trustees of	282
the fund.	283

(I) Acceptance of any death benefit under this section does	284
not prohibit a spouse or child from receiving other benefits	285
provided under the Ohio police and fire pension fund, the state	286
highway patrol retirement system, the public employees retirement	287
system, or a retirement system operated by a municipal	288
corporation.	289

(J) No person shall receive a benefit under this section if	290
any of the following occur:	291

(1) The person fails to exercise the right to a monthly	292
survivor benefit under division (A) or (B) of section 145.45,	293
division (D), (E), or (F) of section 742.37, or division (A)(3),	294
(4), or (7) of section 5505.17 of the Revised Code; to a monthly	295
survivor benefit from a retirement system operated by a municipal	296
corporation; or to a retirement allowance under section 742.3714	297
of the Revised Code.	298

(2) The member's accumulated contributions under this chapter	299
or Chapter 145. or 5505. of the Revised Code are refunded unless	300
the member had been a member of the public employees retirement	301
system and had fewer than eighteen months of total service credit	302
at the time of death.	303

(3) In the case of a full-time park district ranger or patrol	304
trooper, a full-time law enforcement officer of the department of	305
natural resources, a full-time law enforcement officer of parks,	306
waterway lands, or reservoir lands under the control of a	307
municipal corporation, a full-time law enforcement officer of a	308
conservancy district, a correction officer at an institution under	309
the control of a county, group of counties, or municipal	310
corporation, or a member of a retirement system operated by a	311
municipal corporation who at the time of the member's death was a	312
full-time law enforcement officer of parks, waterway lands, or	313
reservoir lands under the control of the municipal corporation,	314
the member died prior to April 9, 1981, in the case of a benefit	315
under division (B), (C), or (D) of this section, or prior to	316
January 1, 1980, in the case of a benefit under division (E) of	317
this section.	318

(4) In the case of a full-time department of public safety	319
enforcement agent who prior to June 30, 1999, was a liquor control	320
investigator of the department of public safety, the member died	321
prior to December 23, 1986;	322

(5) In the case of a full-time department of public safety	323
enforcement agent other than an enforcement agent who, prior to	324
June 30, 1999, was a liquor control investigator, the member died	325
prior to June 30, 1999.	326

(K) A surviving spouse whose benefit was terminated prior to	327
June 30, 1999, due to remarriage shall receive a benefit under	328
division (B), (D), or (F) of this section beginning on the first	329
day of the month following receipt by the board of an application	330
on a form provided by the board. The benefit amount shall be	331
determined as of that date.	332

(1) If the benefit will begin prior to the deceased member's	333
retirement eligibility date, it shall be paid under division (B)	334
or (D) of this section and shall terminate as provided in those	335
divisions. A benefit paid to a surviving spouse under division (D)	336
of this section shall be determined in accordance with that	337
division, even if benefits paid to surviving children are reduced	338
as a result.	339

(2) If the benefit will begin on or after the deceased	340
member's retirement eligibility date, it shall be paid under	341
division (F) of this section and shall terminate as provided in	342
that division. A benefit paid to a surviving spouse under division	343
(F) of this section shall be determined in accordance with that	344
division, even if benefits paid to surviving children are	345
terminated as a result.	346

Section 2. That existing section 742.63 of the Revised Code	347
is hereby repealed.	348