As Concurred by the Senate

127th General Assembly
Regular Session
2007-2008
Am. Sub. S. B. No. 267


Senator Faber 

Cosponsors: Senators Seitz, Cates, Coughlin, Fedor, Harris, Kearney, Miller, D., Niehaus, Wilson, Spada, Miller, R., Wagoner, Stivers, Schuler, Mumper, Mason, Smith, Amstutz, Padgett, Patton 

Representatives Stewart, D., Hite, Zehringer, Bacon, Batchelder, Bolon, Boyd, Chandler, Ciafardini, Coley, DeBose, Domenick, Dyer, Evans, Fende, Gibbs, Goyal, Grady, Hagan, J., Heard, Hughes, Letson, Luckie, Nero, Oelslager, Schlichter, Schneider, Sears, Slesnick, Wachtmann, Widener, Yuko 

A BILL
To amend sections 145.01, 145.19, 145.191, 145.33, 1
145.35, 145.49, 145.58, 742.45, and 742.63 and to 2
enact section 145.2914 of the Revised Code 3
regarding the Public Employees Retirement 4
System (PERS) law enforcement division, the Ohio 5
Public Safety Officers Death Benefit Fund, and 6
reimbursement by PERS and the Ohio Police and 7
Fire Pension Fund for Medicare Part B premiums.8


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

       Section 1.  That sections 145.01, 145.19, 145.191, 145.33, 9
145.35, 145.49, 145.58, 742.45, and 742.63 be amended and section 10
145.2914 of the Revised Code be enacted to read as follows:11

       Sec. 145.01.  As used in this chapter:12

       (A) "Public employee" means:13

       (1) Any person holding an office, not elective, under the14
state or any county, township, municipal corporation, park15
district, conservancy district, sanitary district, health16
district, metropolitan housing authority, state retirement board,17
Ohio historical society, public library, county law library, union18
cemetery, joint hospital, institutional commissary, state19
university, or board, bureau, commission, council, committee,20
authority, or administrative body as the same are, or have been,21
created by action of the general assembly or by the legislative22
authority of any of the units of local government named in23
division (A)(1) of this section, or employed and paid in whole or24
in part by the state or any of the authorities named in division25
(A)(1) of this section in any capacity not covered by section26
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.27

       (2) A person who is a member of the public employees28
retirement system and who continues to perform the same or similar29
duties under the direction of a contractor who has contracted to30
take over what before the date of the contract was a publicly31
operated function. The governmental unit with which the contract32
has been made shall be deemed the employer for the purposes of33
administering this chapter.34

       (3) Any person who is an employee of a public employer,35
notwithstanding that the person's compensation for that employment36
is derived from funds of a person or entity other than the37
employer. Credit for such service shall be included as total38
service credit, provided that the employee makes the payments39
required by this chapter, and the employer makes the payments40
required by sections 145.48 and 145.51 of the Revised Code.41

       (4) A person who elects in accordance with section 145.015 of 42
the Revised Code to remain a contributing member of the public43
employees retirement system.44

       In all cases of doubt, the public employees retirement board45
shall determine whether any person is a public employee, and its46
decision is final.47

       (B) "Member" means any public employee, other than a public48
employee excluded or exempted from membership in the retirement49
system by section 145.03, 145.031, 145.032, 145.033, 145.034,50
145.035, or 145.38 of the Revised Code. "Member" includes a PERS51
retirant who becomes a member under division (C) of section 145.3852
of the Revised Code. "Member" also includes a disability benefit53
recipient.54

       (C) "Head of the department" means the elective or appointive 55
head of the several executive, judicial, and administrative 56
departments, institutions, boards, and commissions of the state 57
and local government as the same are created and defined by the 58
laws of this state or, in case of a charter government, by that 59
charter.60

       (D) "Employer" or "public employer" means the state or any61
county, township, municipal corporation, park district,62
conservancy district, sanitary district, health district,63
metropolitan housing authority, state retirement board, Ohio64
historical society, public library, county law library, union65
cemetery, joint hospital, institutional commissary, state medical66
college, state university, or board, bureau, commission, council,67
committee, authority, or administrative body as the same are, or68
have been, created by action of the general assembly or by the69
legislative authority of any of the units of local government70
named in this division not covered by section 742.01, 3307.01,71
3309.01, or 5505.01 of the Revised Code. In addition, "employer"72
means the employer of any public employee.73

       (E) "Prior service" means all service as a public employee74
rendered before January 1, 1935, and all service as an employee of75
any employer who comes within the state teachers retirement system76
or of the school employees retirement system or of any other77
retirement system established under the laws of this state78
rendered prior to January 1, 1935, provided that if the employee79
claiming the service was employed in any capacity covered by that80
other system after that other system was established, credit for81
the service may be allowed by the public employees retirement82
system only when the employee has made payment, to be computed on83
the salary earned from the date of appointment to the date84
membership was established in the public employees retirement85
system, at the rate in effect at the time of payment, and the86
employer has made payment of the corresponding full liability as87
provided by section 145.44 of the Revised Code. "Prior service"88
also means all service credited for active duty with the armed89
forces of the United States as provided in section 145.30 of the90
Revised Code.91

       If an employee who has been granted prior service credit by92
the public employees retirement system for service rendered prior93
to January 1, 1935, as an employee of a board of education94
establishes, before retirement, one year or more of contributing95
service in the state teachers retirement system or school96
employees retirement system, then the prior service ceases to be97
the liability of this system.98

       If the board determines that a position of any member in any99
calendar year prior to January 1, 1935, was a part-time position,100
the board shall determine what fractional part of a year's credit101
shall be allowed by the following formula:102

       (1) When the member has been either elected or appointed to103
an office the term of which was two or more years and for which an104
annual salary is established, the fractional part of the year's105
credit shall be computed as follows:106

       First, when the member's annual salary is one thousand107
dollars or less, the service credit for each such calendar year108
shall be forty per cent of a year.109

       Second, for each full one hundred dollars of annual salary110
above one thousand dollars, the member's service credit for each111
such calendar year shall be increased by two and one-half per112
cent.113

       (2) When the member is paid on a per diem basis, the service114
credit for any single year of the service shall be determined by115
using the number of days of service for which the compensation was116
received in any such year as a numerator and using two hundred117
fifty days as a denominator.118

       (3) When the member is paid on an hourly basis, the service119
credit for any single year of the service shall be determined by120
using the number of hours of service for which the compensation121
was received in any such year as a numerator and using two122
thousand hours as a denominator.123

       (F) "Contributor" means any person who has an account in the124
employees' savings fund created by section 145.23 of the Revised125
Code. When used in the sections listed in division (B) of section126
145.82 of the Revised Code, "contributor" includes any person127
participating in a PERS defined contribution plan.128

       (G) "Beneficiary" or "beneficiaries" means the estate or a129
person or persons who, as the result of the death of a member,130
contributor, or retirant, qualify for or are receiving some right131
or benefit under this chapter.132

       (H)(1) "Total service credit," except as provided in section133
145.37 of the Revised Code, means all service credited to a member134
of the retirement system since last becoming a member, including135
restored service credit as provided by section 145.31 of the136
Revised Code; credit purchased under sections 145.293 and 145.299137
of the Revised Code; all the member's prior service credit; all138
the member's military service credit computed as provided in this139
chapter; all service credit established pursuant to section140
145.297 of the Revised Code; and any other service credited under141
this chapter. In addition, "total service credit" includes any142
period, not in excess of three years, during which a member was143
out of service and receiving benefits under Chapters 4121. and144
4123. of the Revised Code. For the exclusive purpose of satisfying 145
the service credit requirement and of determining eligibility for 146
benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36, 147
and 145.361 of the Revised Code, "five or more years of total 148
service credit" means sixty or more calendar months of 149
contributing service in this system.150

       (2) "One and one-half years of contributing service credit,"151
as used in division (B) of section 145.45 of the Revised Code,152
also means eighteen or more calendar months of employment by a153
municipal corporation that formerly operated its own retirement154
plan for its employees or a part of its employees, provided that155
all employees of that municipal retirement plan who have eighteen156
or more months of such employment, upon establishing membership in157
the public employees retirement system, shall make a payment of158
the contributions they would have paid had they been members of159
this system for the eighteen months of employment preceding the160
date membership was established. When that payment has been made161
by all such employee members, a corresponding payment shall be162
paid into the employers' accumulation fund by that municipal163
corporation as the employer of the employees.164

       (3) Where a member also is a member of the state teachers165
retirement system or the school employees retirement system, or166
both, except in cases of retirement on a combined basis pursuant167
to section 145.37 of the Revised Code or as provided in section168
145.383 of the Revised Code, service credit for any period shall169
be credited on the basis of the ratio that contributions to the170
public employees retirement system bear to total contributions in171
all state retirement systems.172

       (4) Not more than one year of credit may be given for any173
period of twelve months.174

       (5) "Ohio service credit" means credit for service that was175
rendered to the state or any of its political subdivisions or any176
employer.177

       (I) "Regular interest" means interest at any rates for the178
respective funds and accounts as the public employees retirement179
board may determine from time to time.180

       (J) "Accumulated contributions" means the sum of all amounts181
credited to a contributor's individual account in the employees'182
savings fund together with any interest credited to the183
contributor's account under section 145.471 or 145.472 of the184
Revised Code.185

       (K)(1) "Final average salary" means the quotient obtained by186
dividing by three the sum of the three full calendar years of187
contributing service in which the member's earnable salary was188
highest, except that if the member has a partial year of189
contributing service in the year the member's employment190
terminates and the member's earnable salary for the partial year191
is higher than for any comparable period in the three years, the192
member's earnable salary for the partial year shall be substituted193
for the member's earnable salary for the comparable period during194
the three years in which the member's earnable salary was lowest.195

       (2) If a member has less than three years of contributing196
service, the member's final average salary shall be the member's197
total earnable salary divided by the total number of years,198
including any fraction of a year, of the member's contributing199
service.200

       (3) For the purpose of calculating benefits payable to a201
member qualifying for service credit under division (Z) of this202
section, "final average salary" means the total earnable salary on203
which contributions were made divided by the total number of years204
during which contributions were made, including any fraction of a205
year. If contributions were made for less than twelve months,206
"final average salary" means the member's total earnable salary.207

       (L) "Annuity" means payments for life derived from208
contributions made by a contributor and paid from the annuity and209
pension reserve fund as provided in this chapter. All annuities210
shall be paid in twelve equal monthly installments.211

       (M) "Annuity reserve" means the present value, computed upon212
the basis of the mortality and other tables adopted by the board,213
of all payments to be made on account of any annuity, or benefit214
in lieu of any annuity, granted to a retirant as provided in this215
chapter.216

       (N)(1) "Disability retirement" means retirement as provided217
in section 145.36 of the Revised Code.218

       (2) "Disability allowance" means an allowance paid on account 219
of disability under section 145.361 of the Revised Code.220

       (3) "Disability benefit" means a benefit paid as disability221
retirement under section 145.36 of the Revised Code, as a222
disability allowance under section 145.361 of the Revised Code, or223
as a disability benefit under section 145.37 of the Revised Code.224

       (4) "Disability benefit recipient" means a member who is225
receiving a disability benefit.226

       (O) "Age and service retirement" means retirement as provided 227
in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of 228
the Revised Code.229

       (P) "Pensions" means annual payments for life derived from230
contributions made by the employer that at the time of retirement231
are credited into the annuity and pension reserve fund from the232
employers' accumulation fund and paid from the annuity and pension233
reserve fund as provided in this chapter. All pensions shall be234
paid in twelve equal monthly installments.235

       (Q) "Retirement allowance" means the pension plus that236
portion of the benefit derived from contributions made by the237
member.238

       (R)(1) Except as otherwise provided in division (R) of this239
section, "earnable salary" means all salary, wages, and other240
earnings paid to a contributor by reason of employment in a241
position covered by the retirement system. The salary, wages, and242
other earnings shall be determined prior to determination of the243
amount required to be contributed to the employees' savings fund244
under section 145.47 of the Revised Code and without regard to245
whether any of the salary, wages, or other earnings are treated as246
deferred income for federal income tax purposes. "Earnable salary" 247
includes the following:248

       (a) Payments made by the employer in lieu of salary, wages,249
or other earnings for sick leave, personal leave, or vacation used250
by the contributor;251

       (b) Payments made by the employer for the conversion of sick252
leave, personal leave, and vacation leave accrued, but not used if253
the payment is made during the year in which the leave is accrued,254
except that payments made pursuant to section 124.383 or 124.386255
of the Revised Code are not earnable salary;256

       (c) Allowances paid by the employer for full maintenance,257
consisting of housing, laundry, and meals, as certified to the258
retirement board by the employer or the head of the department259
that employs the contributor;260

       (d) Fees and commissions paid under section 507.09 of the261
Revised Code;262

       (e) Payments that are made under a disability leave program263
sponsored by the employer and for which the employer is required264
by section 145.296 of the Revised Code to make periodic employer265
and employee contributions;266

       (f) Amounts included pursuant to divisions (K)(3) and (Y) of267
this section.268

       (2) "Earnable salary" does not include any of the following:269

       (a) Fees and commissions, other than those paid under section 270
507.09 of the Revised Code, paid as sole compensation for personal 271
services and fees and commissions for special services over and 272
above services for which the contributor receives a salary;273

       (b) Amounts paid by the employer to provide life insurance,274
sickness, accident, endowment, health, medical, hospital, dental,275
or surgical coverage, or other insurance for the contributor or276
the contributor's family, or amounts paid by the employer to the277
contributor in lieu of providing the insurance;278

       (c) Incidental benefits, including lodging, food, laundry,279
parking, or services furnished by the employer, or use of the280
employer's property or equipment, or amounts paid by the employer281
to the contributor in lieu of providing the incidental benefits;282

       (d) Reimbursement for job-related expenses authorized by the283
employer, including moving and travel expenses and expenses284
related to professional development;285

       (e) Payments for accrued but unused sick leave, personal286
leave, or vacation that are made at any time other than in the287
year in which the sick leave, personal leave, or vacation was288
accrued;289

       (f) Payments made to or on behalf of a contributor that are290
in excess of the annual compensation that may be taken into291
account by the retirement system under division (a)(17) of section292
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26293
U.S.C.A. 401(a)(17), as amended;294

       (g) Payments made under division (B), (C), or (E) of section295
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill296
No. 3 of the 119th general assembly, Section 3 of Amended297
Substitute Senate Bill No. 164 of the 124th general assembly, or298
Amended Substitute House Bill No. 405 of the 124th general299
assembly;300

       (h) Anything of value received by the contributor that is301
based on or attributable to retirement or an agreement to retire,302
except that payments made on or before January 1, 1989, that are303
based on or attributable to an agreement to retire shall be304
included in earnable salary if both of the following apply:305

       (i) The payments are made in accordance with contract306
provisions that were in effect prior to January 1, 1986;307

       (ii) The employer pays the retirement system an amount308
specified by the retirement board equal to the additional309
liability resulting from the payments.310

       (3) The retirement board shall determine by rule whether any311
compensation not enumerated in division (R) of this section is312
earnable salary, and its decision shall be final.313

       (S) "Pension reserve" means the present value, computed upon314
the basis of the mortality and other tables adopted by the board,315
of all payments to be made on account of any retirement allowance316
or benefit in lieu of any retirement allowance, granted to a317
member or beneficiary under this chapter.318

       (T)(1) "Contributing service" means all service credited to a 319
member of the system since January 1, 1935, for which320
contributions are made as required by sections 145.47, 145.48, and321
145.483 of the Revised Code. In any year subsequent to 1934,322
credit for any service shall be allowed by the following formula:323

       (a) For each month for which the member's earnable salary is324
two hundred fifty dollars or more, allow one month's credit.325

       (b) For each month for which the member's earnable salary is326
less than two hundred fifty dollars, allow a fraction of a month's327
credit. The numerator of this fraction shall be the earnable328
salary during the month, and the denominator shall be two hundred329
fifty dollars, except that if the member's annual earnable salary330
is less than six hundred dollars, the member's credit shall not be331
reduced below twenty per cent of a year for a calendar year of332
employment during which the member worked each month. Division333
(T)(1)(b) of this section shall not reduce any credit earned334
before January 1, 1985.335

       (2) Notwithstanding division (T)(1) of this section, an336
elected official who prior to January 1, 1980, was granted a full337
year of credit for each year of service as an elected official338
shall be considered to have earned a full year of credit for each339
year of service regardless of whether the service was full-time or340
part-time. The public employees retirement board has no authority341
to reduce the credit.342

       (U) "State retirement board" means the public employees343
retirement board, the school employees retirement board, or the344
state teachers retirement board.345

       (V) "Retirant" means any former member who retires and is346
receiving a monthly allowance as provided in sections 145.32,347
145.33, 145.331, 145.34, and 145.46 of the Revised Code.348

       (W) "Employer contribution" means the amount paid by an349
employer as determined under section 145.48 of the Revised Code.350

       (X) "Public service terminates" means the last day for which351
a public employee is compensated for services performed for an352
employer or the date of the employee's death, whichever occurs353
first.354

       (Y) When a member has been elected or appointed to an office, 355
the term of which is two or more years, for which an annual salary 356
is established, and in the event that the salary of the office is 357
increased and the member is denied the additional salary by reason 358
of any constitutional provision prohibiting an increase in salary 359
during a term of office, the member may elect to have the amount 360
of the member's contributions calculated upon the basis of the361
increased salary for the office. At the member's request, the 362
board shall compute the total additional amount the member would 363
have contributed, or the amount by which each of the member's 364
contributions would have increased, had the member received the 365
increased salary for the office the member holds. If the member 366
elects to have the amount by which the member's contribution would367
have increased withheld from the member's salary, the member shall 368
notify the employer, and the employer shall make the withholding 369
and transmit it to the retirement system. A member who has not 370
elected to have that amount withheld may elect at any time to make 371
a payment to the retirement system equal to the additional amount 372
the member's contribution would have increased, plus interest on 373
that contribution, compounded annually at a rate established by374
the board and computed from the date on which the last 375
contribution would have been withheld from the member's salary to 376
the date of payment. A member may make a payment for part of the 377
period for which the increased contribution was not withheld, in 378
which case the interest shall be computed from the date the last 379
contribution would have been withheld for the period for which the380
payment is made. Upon the payment of the increased contributions 381
as provided in this division, the increased annual salary as 382
provided by law for the office for the period for which the member 383
paid increased contributions thereon shall be used in determining 384
the member's earnable salary for the purpose of computing the 385
member's final average salary.386

       (Z) "Five years of service credit," for the exclusive purpose 387
of satisfying the service credit requirements and of determining 388
eligibility for benefits under section 145.33 of the Revised Code, 389
means employment covered under this chapter or under a former 390
retirement plan operated, recognized, or endorsed by the employer 391
prior to coverage under this chapter or under a combination of the 392
coverage.393

       (AA) "Deputy sheriff" means any person who is commissioned394
and employed as a full-time peace officer by the sheriff of any395
county, and has been so employed since on or before December 31,396
1965, and whose primary duties are to preserve the peace, to397
protect life and property, and to enforce the laws of this state;398
any person who is or has been commissioned and employed as a peace399
officer by the sheriff of any county since January 1, 1966, and400
who has received a certificate attesting to the person's401
satisfactory completion of the peace officer training school as402
required by section 109.77 of the Revised Code and whose primary403
duties are to preserve the peace, protect life and property, and404
enforce the laws of this state; or any person deputized by the405
sheriff of any county and employed pursuant to section 2301.12 of406
the Revised Code as a criminal bailiff or court constable who has407
received a certificate attesting to the person's satisfactory408
completion of the peace officer training school as required by409
section 109.77 of the Revised Code and whose primary duties are to410
preserve the peace, protect life and property, and enforce the411
laws of this state.412

       (BB) "Township constable or police officer in a township413
police department or district" means any person who is414
commissioned and employed as a full-time peace officer pursuant to415
Chapter 505. or 509. of the Revised Code, who has received a416
certificate attesting to the person's satisfactory completion of417
the peace officer training school as required by section 109.77 of418
the Revised Code, and whose primary duties are to preserve the419
peace, protect life and property, and enforce the laws of this420
state.421

       (CC) "Drug agent" means any person who is either of the422
following:423

       (1) Employed full-timefull time as a narcotics agent by a 424
county narcotics agency created pursuant to section 307.15 of the 425
Revised Code and has received a certificate attesting to the 426
satisfactory completion of the peace officer training school as 427
required by section 109.77 of the Revised Code;428

       (2) Employed full-timefull time as an undercover drug agent 429
as defined in section 109.79 of the Revised Code and is in 430
compliance with section 109.77 of the Revised Code.431

       (DD) "Department of public safety enforcement agent" means a432
full-time employee of the department of public safety who is433
designated under section 5502.14 of the Revised Code as an434
enforcement agent and who is in compliance with section 109.77 of435
the Revised Code.436

       (EE) "Natural resources law enforcement staff officer" means437
a full-time employee of the department of natural resources who is438
designated a natural resources law enforcement staff officer under439
section 1501.013 of the Revised Code and is in compliance with440
section 109.77 of the Revised Code.441

       (FF) "Park officer" means a full-time employee of the442
department of natural resources who is designated a park officer443
under section 1541.10 of the Revised Code and is in compliance444
with section 109.77 of the Revised Code.445

       (GG) "Forest officer" means a full-time employee of the446
department of natural resources who is designated a forest officer447
under section 1503.29 of the Revised Code and is in compliance448
with section 109.77 of the Revised Code.449

       (HH) "Preserve officer" means a full-time employee of the450
department of natural resources who is designated a preserve451
officer under section 1517.10 of the Revised Code and is in452
compliance with section 109.77 of the Revised Code.453

       (II) "Wildlife officer" means a full-time employee of the454
department of natural resources who is designated a wildlife455
officer under section 1531.13 of the Revised Code and is in456
compliance with section 109.77 of the Revised Code.457

       (JJ) "State watercraft officer" means a full-time employee of 458
the department of natural resources who is designated a state459
watercraft officer under section 1547.521 of the Revised Code and460
is in compliance with section 109.77 of the Revised Code.461

       (KK) "Park district police officer" means a full-time462
employee of a park district who is designated pursuant to section463
511.232 or 1545.13 of the Revised Code and is in compliance with464
section 109.77 of the Revised Code.465

       (LL) "Conservancy district officer" means a full-time466
employee of a conservancy district who is designated pursuant to467
section 6101.75 of the Revised Code and is in compliance with468
section 109.77 of the Revised Code.469

       (MM) "Municipal police officer" means a member of the470
organized police department of a municipal corporation who is471
employed full-timefull time, is in compliance with section 109.77 472
of the Revised Code, and is not a member of the Ohio police and 473
fire pension fund.474

       (NN) "Veterans' home police officer" means any person who is 475
employed at a veterans' home as a police officer pursuant to 476
section 5907.02 of the Revised Code and is in compliance with 477
section 109.77 of the Revised Code.478

       (OO) "Special police officer for a mental health institution" 479
means any person who is designated as such pursuant to section 480
5119.14 of the Revised Code and is in compliance with section 481
109.77 of the Revised Code.482

       (PP) "Special police officer for an institution for the483
mentally retarded and developmentally disabled" means any person484
who is designated as such pursuant to section 5123.13 of the485
Revised Code and is in compliance with section 109.77 of the486
Revised Code.487

       (QQ) "State university law enforcement officer" means any488
person who is employed full-timefull time as a state university 489
law enforcement officer pursuant to section 3345.04 of the Revised490
Code and who is in compliance with section 109.77 of the Revised491
Code.492

       (RR) "House sergeant at arms" means any person appointed by493
the speaker of the house of representatives under division (B)(1)494
of section 101.311 of the Revised Code who has arrest authority495
under division (E)(1) of that section.496

       (SS) "Assistant house sergeant at arms" means any person497
appointed by the house sergeant at arms under division (C)(1) of498
section 101.311 of the Revised Code.499

       (TT) "Regional transit authority police officer" means a500
person who is employed full time as a regional transit authority501
police officer under division (Y) of section 306.35 of the Revised502
Code and is in compliance with section 109.77 of the Revised Code.503

       (UU) "State highway patrol police officer" means a special504
police officer employed full time and designated by the505
superintendent of the state highway patrol pursuant to section506
5503.09 of the Revised Code or a person serving full time as a507
special police officer pursuant to that section on a permanent508
basis on October 21, 1997, who is in compliance with section509
109.77 of the Revised Code.510

       (VV) "Municipal public safety director" means a person who 511
serves full-timefull time as the public safety director of a 512
municipal corporation with the duty of directing the activities of 513
the municipal corporation's police department and fire department.514

        (WW) Notwithstanding section 2901.01 of the Revised Code,515
"PERS law enforcement officer" means a sheriff,or any of the 516
following whose primary duties are to preserve the peace, protect 517
life and property, and enforce the laws of this state: a deputy 518
sheriff, township constable or police officer in a township police519
department or district, drug agent, municipal public safety 520
director, department of public safety enforcement agent, natural 521
resources law enforcement staff officer, park officer, forest 522
officer, preserve officer, wildlife officer, state watercraft523
officer, park district police officer, conservancy district 524
officer, veterans' home police officer, special police officer for 525
a mental health institution, special police officer for an 526
institution for the mentally retarded and developmentally 527
disabled, state university law enforcement officer, municipal528
police officer, house sergeant at arms, assistant house sergeant529
at arms, regional transit authority police officer, or state 530
highway patrol police officer. PERS law enforcement officer also 531
includes a person serving as a municipal public safety director at 532
any time during the period from September 29, 2005 to the 533
effective date of this amendment, if the duties of that service 534
were to preserve the peace, protect life and property, and enforce 535
the laws of this state.536

       (XX) "Hamilton county municipal court bailiff" means a person537
appointed by the clerk of courts of the Hamilton county municipal538
court under division (A)(3) of section 1901.32 of the Revised Code539
who is employed full time as a bailiff or deputy bailiff, who has540
received a certificate attesting to the person's satisfactory541
completion of the peace officer basic training described in542
division (D)(1) of section 109.77 of the Revised Code, and whose543
primary duties are to preserve the peace, to protect life and544
property, and to enforce the laws of this state.545

       (YY) "PERS public safety officer" means a Hamilton county546
municipal court bailiff, or any of the following whose primary 547
duties are other than to preserve the peace, protect life and 548
property, and enforce the laws of this state: a deputy sheriff, 549
township constable or police officer in a township police 550
department or district, drug agent, department of public safety 551
enforcement agent, natural resources law enforcement staff 552
officer, park officer, forest officer, preserve officer, wildlife 553
officer, state watercraft officer, park district police officer, 554
conservancy district officer, veterans' home police officer, 555
special police officer for a mental health institution, special 556
police officer for an institution for the mentally retarded and 557
developmentally disabled, state university law enforcement 558
officer, municipal police officer, house sergeant at arms, 559
assistant house sergeant at arms, regional transit authority560
police officer, or state highway patrol police officer. PERS 561
public safety officer also includes a person serving as a 562
municipal public safety director at any time during the period 563
from September 29, 2005 to the effective date of this amendment, 564
if the duties of that service were other than to preserve the 565
peace, protect life and property, and enforce the laws of this 566
state.567

       (ZZ) "Fiduciary" means a person who does any of the568
following:569

       (1) Exercises any discretionary authority or control with570
respect to the management of the system or with respect to the571
management or disposition of its assets;572

       (2) Renders investment advice for a fee, direct or indirect,573
with respect to money or property of the system;574

       (3) Has any discretionary authority or responsibility in the575
administration of the system.576

       (ZZ)(AAA) "Actuary" means an individual who satisfies all of577
the following requirements:578

       (1) Is a member of the American academy of actuaries;579

       (2) Is an associate or fellow of the society of actuaries;580

       (3) Has a minimum of five years' experience in providing581
actuarial services to public retirement plans.582

       (AAA)(BBB) "PERS defined benefit plan" means the plan 583
described in sections 145.201 to 145.79 of the Revised Code.584

       (BBB)(CCC) "PERS defined contribution plans" means the plan 585
or plans established under section 145.81 of the Revised Code.586

       Sec. 145.19.  (A) Except as provided in division (D) of this587
section, an individual who becomes employed in a position subject588
to this chapter on or after the date on which the public employees589
retirement board first establishes a PERS defined contribution590
plan shall make an election under this section. Not later than one591
hundred eighty days after the date on which employment begins, the592
individual shall elect to participate either in the PERS defined593
benefit plan or a PERS defined contribution plan. If a form594
evidencing an election under this section is not received by the 595
public employees retirement system not later than the last day of 596
the one-hundred-eighty-day period, the individual is deemed to 597
have elected to participate in the PERS defined benefit plan.598

       (B) An election under this section shall be made in writing599
on a form provided by the system and filed with the system.600

       (C) An election under this section shall take effect on the601
date employment began and, except as provided in section 145.814602
of the Revised Code or rules governing the PERS defined benefit603
plan, is irrevocable on receipt by the system.604

       (D) An individual is ineligible to make an election under605
this section if one of the following applies:606

       (1) At the time employment begins, the individual is a PERS607
retirant or other system retirant, as those terms are defined in608
section 145.38 of the Revised Code, or is retired under section609
145.383 of the Revised Code.610

       (2) The individual is participating or has elected to611
participate in an alternative retirement plan under section612
3305.05 or 3305.051 of the Revised Code and the employment is in a 613
position that is subject to division (C)(4) of section 3305.05 or 614
division (F) of section 3305.051 of the Revised Code.615

       (3) The individual is a contributor who, as of the last day616
of the month prior to the date employment begins, has five or more617
years of total service credit.618

       (4) The individual is employed in a position covered under619
this chapter to which section 145.193 of the Revised Code applies.620

       (5) The individual is a PERS law enforcement officer or621
Hamilton county municipal court bailiffPERS public safety 622
officer.623

       Sec. 145.191.  (A) Except as provided in division (E) of this 624
section, a public employees retirement system member or625
contributor who, as of the last day of the month immediately626
preceding the date on which the public employees retirement board627
first establishes a PERS defined contribution plan, has less than628
five years of total service credit is eligible to make an election629
under this section. A member or contributor who is employed in630
more than one position subject to this chapter is eligible to make631
only one election. The election applies to all positions subject632
to this chapter.633

       Not later than one hundred eighty days after the day the634
board first establishes a PERS defined contribution plan, an635
eligible member or contributor may elect to participate in a PERS636
defined contribution plan. If a form evidencing an election is not 637
received by the system not later than the last day of the638
one-hundred-eighty-day period, a member or contributor to whom639
this section applies is deemed to have elected to continue640
participating in the PERS defined benefit plan.641

       (B) An election under this section shall be made in writing642
on a form provided by the system and filed with the system.643

       (C) On receipt of an election under this section, the system644
shall do both of the following:645

       (1) Credit to the plan elected both of the following:646

       (a) Any employer contributions attributable to the member for647
the period beginning on the day the board first established a PERS648
defined contribution plan;649

       (b) All accumulated contributions attributable to the member650
or contributor.651

       (2) Cancel all service credit and eligibility for any652
payment, benefit, or right under the PERS defined benefit plan.653

       (D) An election under this section is effective as of the654
date the board first established a PERS defined contribution plan655
and, except as provided in section 145.814 of the Revised Code or656
rules governing the PERS defined benefit plan, is irrevocable on657
receipt by the system.658

       (E) An election may not be made under this section by a659
member or contributor who is either of the following:660

       (1) A PERS retirant who is a member under division (C) of661
section 145.38 of the Revised Code;662

       (2) A PERS law enforcement officer or a Hamilton county663
municipal court bailiffPERS public safety officer.664

       Sec. 145.2914. (A) The public employees retirement board may 665
adopt rules in accordance with section 145.09 of the Revised Code 666
to establish a program under which service credit earned under 667
division (A) or (B)(2)(b) of section 145.33 of the Revised Code is 668
treated as service credit earned under division (B)(2)(a) of that 669
section if the member makes payment to the public employees 670
retirement system in accordance with the rules.671

       (B) If the board adopts rules under division (A) of this 672
section, all of the following apply:673

       (1) For each year or portion of a year of service credit 674
earned under division (A) or (B)(2)(b) of section 145.33 of the 675
Revised Code that is to be treated as service credit earned under 676
division (B)(2)(a) of that section, the member shall pay to the 677
retirement system an amount specified by the retirement board 678
that is not less than one hundred per cent of the additional 679
liability resulting from the purchase of that year, or portion of 680
a year, of service.681

       (2) The number of years of service credit earned under 682
division (A) or (B)(2)(b) of section 145.33 of the Revised Code 683
that may be treated as service credit earned under division 684
(B)(2)(a) of that section shall not exceed five.685

       (3) Any amounts paid under this section shall be credited to 686
the employees' savings fund.687

       (4) The amounts paid by the member under this section are 688
subject to the limits established by division (n) of section 415 689
of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 690
415(n), as amended.691

       (C) A member may make payments authorized by this section if 692
the member is eligible to retire under this chapter or will 693
become eligible to retire as a result of the payment. The member 694
shall agree to retire not later than ninety days after receiving 695
notice of the additional liability specified under division 696
(B)(1) of this section. Payment shall be made in full for any 697
credit earned under division (A) or (B)(2)(b) of section 145.33 698
of the Revised Code that is to be treated as service credit 699
earned under division (B)(2)(a) of that section, but the member 700
may choose to make payment for only part of the credit for which 701
the member is eligible.702

       (D) If the member does not retire not later than ninety days 703
after making the payment authorized by this section, the system 704
shall refund the payment and shall not treat the credit for which 705
payment was made as service credit earned under division 706
(B)(2)(a) of section 145.33 of the Revised Code.707

       (E) The board's rules may deal with any other matter 708
necessary to implement this section.709

       Sec. 145.33.  (A) Except as provided in division (B) or (C)710
of this section, a member with at least five years of total711
service credit who has attained age sixty, or who has thirty years712
of total Ohio service credit, may apply for age and service713
retirement, which shall consist of:714

       (1) An annuity having a reserve equal to the amount of the715
member's accumulated contributions at that time;716

       (2) A pension equal to the annuity provided by division717
(A)(1) of this section;718

       (3) An additional pension, if the member can qualify for719
prior service, equal to forty dollars multiplied by the number of720
years, and fraction thereof, of such prior and military service721
credit;722

       (4) A basic annual pension equal to one hundred eighty723
dollars if the member has ten or more years of total service724
credit as of October 1, 1956, except that the basic annual pension725
shall not exceed the sum of the annual benefits provided by726
divisions (A)(1), (2), and (3) of this section.727

       (5) When a member retires on age and service retirement, the728
member's total annual single lifetime allowance, including the729
allowances provided in divisions (A)(1), (2), (3), and (4) of this730
section, shall be not less than a base amount adjusted in731
accordance with division (A)(5) of this section and determined by732
multiplying the member's total service credit by the greater of733
the following:734

       (a) Eighty-six dollars;735

       (b) Two and two-tenths per cent of the member's final average 736
salary for each of the first thirty years of service plus two and737
one-half per cent of the member's final average salary for each 738
subsequent year of service.739

       The allowance shall be adjusted by the factors of attained740
age or years of service to provide the greater amount as741
determined by the following schedule:742

Years of Percentage 743
Attained or Total Service of 744
Birthday Credit Base Amount 745

58 25 75 746
59 26 80 747
60 27 85 748
61 88 749
28 90 750
62 91 751
63 94 752
29 95 753
64 97 754
65 30 or more 100 755

       Members shall vest the right to a benefit in accordance with756
the following schedule, based on the member's attained age by757
September 1, 1976:758

Percentage 759
Attained of 760
Birthday Base Amount 761
66 102 762
67 104 763
68 106 764
69 108 765
70 or more 110 766

       (6) The total annual single lifetime allowance that a member767
shall receive under division (A)(5) of this section shall not768
exceed the lesser of one hundred per cent of the member's final769
average salary or the limit established by section 415 of the770
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,771
as amended.772

       (B)(1) For the purposes of divisions (B) to (G) of this773
section, "total service credit as a PERS law enforcement officer" 774
and "total service credit as a Hamilton county municipal court775
bailiffPERS public safety officer" include credit for military 776
service to the extent permitted by division (E)(2) of this section 777
and credit for service as a police officer or state highway patrol 778
trooper to the extent permitted by divisions (E)(3) and (4) of779
this section.780

       (2) A member who meets the conditions in division (B)(2)(a),781
(b), or (c), or (d) of this section may apply for an age and782
service retirement benefit under this division:783

       (a) The member has attained age forty-eight and has at least784
twenty-five years of total service credit as a PERS law785
enforcement officer whose primary duties were to preserve the786
peace, protect life and property, and enforce the laws in the787
member's jurisdiction;788

       (b) The member has attained age fifty-two, and has at least789
twenty-five years of total service credit as a PERS law790
enforcementpublic safety officer, but the member's primary duties 791
were other than to preserve the peace, protect life and property, 792
and enforce the laws in the member's jurisdictionor has service 793
as a PERS public safety officer and service as a PERS law 794
enforcement officer that when combined equal at least twenty-five 795
years of total service credit;796

       (c) The member has attained age fifty-two and has at least797
twenty-five years of total service as a Hamilton county municipal798
court bailiff;799

       (d) The member has attained age sixty-two and has at least800
fifteen years of total service credit as either of the following:801

       (i) A PERS law enforcement officer;802

       (ii) A Hamilton county municipal court bailiffPERS public 803
safety officer.804

       (3) A benefit paid under division (B)(2) of this section805
shall consist of an annual single lifetime allowance equal to the806
sum of two and one-half per cent of the member's final average807
salary multiplied by the first twenty-five years of the member's808
total service plus two and one-tenth per cent of the member's809
final average salary multiplied by the number of years of the810
member's total service credit in excess of twenty-five years.811

       (4) A member with at least fifteen years of total service812
credit as a PERS law enforcement officer or Hamilton county813
municipal court bailiffPERS public safety officer who voluntarily 814
resigns or is discharged for any reason except death, dishonesty, 815
cowardice, intemperate habits, or conviction of a felony may apply 816
for an age and service retirement benefit, which shall consist of 817
an annual single lifetime allowance equal to one and one-half per818
cent of the member's final average salary multiplied by the number 819
of years of the member's total service credit. The allowance shall820
commence on the first day of the calendar month following the821
month in which the application is filed with the public employees822
retirement board on or after the attainment by the applicant of823
age fifty-two.824

       (C)(1) A member with at least twenty-five years of total825
service credit who would be eligible to retire under division826
(B)(2)(b) or (c) of this section had the member attained age827
fifty-two and who voluntarily resigns or is discharged for any828
reason except death, dishonesty, cowardice, intemperate habits, or829
conviction of a felony, on or after the date of attaining830
forty-eight years of age, but before the date of attaining831
fifty-two years of age, may elect to receive a reduced benefit as832
determined by the following schedule:833

Attained Age Reduced Benefit 834

48 75% of the benefit payable under 835
division (B)(3) of this section 836
49 80% of the benefit payable under 837
division (B)(3) of this section 838
50 86% of the benefit payable under 839
division (B)(3) of this section 840
51 93% of the benefit payable under 841
division (B)(3) of this section 842

       (2) If a member elects to receive a reduced benefit after843
attaining age forty-eight the reduced benefit is payable from the844
later of the date of the member's most recent birthday or the date845
the member becomes eligible to receive the reduced benefit.846

       (3) Once a member elects to receive a reduced benefit847
determined by the schedule in division (C)(1) of this section and848
has received a payment, the member may not reelect to change that849
election.850

       (4) If a member who has resigned or been discharged has left851
on deposit the member's accumulated contributions in the852
employees' savings fund and has not elected to receive a reduced853
benefit determined by the schedule in division (C)(1) of this854
section, upon attaining fifty-two years of age, the member shall855
be entitled to receive a benefit computed and paid under division856
(B)(3) of this section.857

       (D) A benefit paid under division (B) or (C) of this section858
shall not exceed the lesser of ninety per cent of the member's859
final average salary or the limit established by section 415 of860
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.861
415, as amended.862

       (E)(1) A member with service credit as a PERS law enforcement863
officer or a Hamilton county municipal court bailiffPERS public 864
safety officer and other service credit under this chapter may 865
elect one of the following:866

       (a) To have all the member's service credit under this867
chapter, including credit for service as a PERS law enforcement868
officer or Hamilton county municipal court bailiffPERS public 869
safety officer, used in calculating a retirement allowance under 870
division (A) of this section if the member qualifies for an 871
allowance under that division;872

       (b) If the member qualifies for an allowance under division 873
(B)(2)(a) of this section, to have the member's service credit as 874
a PERS law enforcement officer used in calculating a benefit under 875
that division and the member's credit for all service other than 876
PERS law enforcement service used in calculating a benefit 877
consisting of a single life annuity having a reserve equal to the 878
amount of the member's accumulated contributions for all service 879
other than PERS law enforcement service and an equal amount of 880
employer contributions.881

       (c) If the member qualifies for an allowance under division882
(B)(2)(b) or (c), (B)(4), or (C) of this section, to have the883
member's service credit as a PERS law enforcement officer or884
Hamilton county municipal court bailiffPERS public safety officer885
used in calculating a benefit under the appropriate division and886
the member's credit for all service other than PERS law 887
enforcement service or service as a Hamilton county municipal888
court bailiffPERS public safety officer under this chapter used 889
in calculating a benefit consisting of a single life annuity 890
having a reserve equal to the amount of the member's accumulated 891
contributions for all service other than PERS law enforcement 892
service or PERS public safety officer service and an equal amount 893
of the employer's contributions.894

       (2) Notwithstanding sections 145.01 and 145.30 of the Revised 895
Code, no more than four years of military service credit granted 896
under section 145.30 of the Revised Code and five years of897
military service credit purchased under section 145.301 or 145.302898
of the Revised Code shall be used in calculating service as a PERS899
law enforcement officer or Hamilton county municipal court bailiff900
PERS public safety officer or the total service credit of that 901
person.902

       (3) Only credit for the member's service as a PERS law903
enforcement officer, PERS public safety officer, or service credit 904
obtained as a police officer or state highway patrol trooper shall 905
be used in computing the benefit of a member who qualifies for a 906
benefit under division (B)(2)(a), (b), or (d)(ii) or (4) or 907
division (C) of this section for the following:908

       (a) Any person who originally is commissioned and employed as 909
a deputy sheriff by the sheriff of any county, or who originally 910
is elected sheriff, on or after January 1, 1975;911

       (b) Any deputy sheriff who originally is employed as a912
criminal bailiff or court constable on or after April 16, 1993;913

       (c) Any person who originally is appointed as a township914
constable or police officer in a township police department or915
district on or after January 1, 1981;916

       (d) Any person who originally is employed as a county917
narcotics agent on or after September 26, 1984;918

       (e) Any person who originally is employed as an undercover919
drug agent as defined in section 109.79 of the Revised Code,920
department of public safety enforcement agent who prior to June921
30, 1999, was a liquor control investigator, park officer, forest922
officer, wildlife officer, state watercraft officer, park district923
police officer, conservancy district officer, veterans' home924
police officer, special police officer for a mental health925
institution, special police officer for an institution for the926
mentally retarded and developmentally disabled, or municipal927
police officer on or after December 15, 1988;928

       (f) Any person who originally is employed as a state929
university law enforcement officer on or after November 6, 1996;930

       (g) Any person who is originally employed as a state931
university law enforcement officer by the university of Akron on932
or after September 16, 1998;933

       (h) Any person who originally is employed as a preserve934
officer on or after March 18, 1999;935

       (i) Any person who originally is employed as a natural936
resources law enforcement staff officer on or after March 18,937
1999;938

       (j) Any person who is originally employed as a department of939
public safety enforcement agent on or after June 30, 1999;940

       (k) Any person who is originally employed as a house sergeant 941
at arms or assistant house sergeant at arms on or after September 942
5, 2001;943

       (l) Any person who is originally appointed as a regional944
transit authority police officer or state highway patrol police945
officer on or after February 1, 2002;946

        (m) Any person who is originally employed as a municipal 947
public safety director on or after the effective date of this 948
amendmentSeptember 29, 2005, but not later than the effective 949
date of this amendment.950

       (4) Only credit for a member's service as a Hamilton county951
municipal court bailiffPERS public safety officer or service 952
credit obtained as a PERS law enforcement officer, police officer, 953
or state highway patrol trooper shall be used in computing the 954
benefit of a member who qualifies for a benefit under division 955
(B)(2)(b) or (c) or (d)(ii) or (4) or division (C) of this section 956
for any person who originally is employed as a Hamilton county 957
municipal court bailiff on or after November 6, 1996.958

       (F) Retirement allowances determined under this section shall 959
be paid as provided in section 145.46 of the Revised Code.960

       (G) For the purposes of this section, service prior to June961
30, 1999, as a food stamp trafficking agent under former section962
5502.14 of the Revised Code shall be considered service as a law963
enforcement officer.964

       Sec. 145.35.  (A) As used in this section, "on-duty illness965
or injury" means an illness or injury that occurred during or966
resulted from performance of duties under the direct supervision967
of a member's appointing authority.968

       (B) The public employees retirement system shall provide969
disability coverage to each member who has at least five years of970
total service credit and disability coverage for on-duty illness971
or injury to each member who is a PERS law enforcement officer or972
Hamilton county municipal court bailiffPERS public safety 973
officer, regardless of length of service.974

       Not later than October 16, 1992, the public employees975
retirement board shall give each person who is a member on July976
29, 1992, the opportunity to elect disability coverage either977
under section 145.36 of the Revised Code or under section 145.361978
of the Revised Code. The board shall mail notice of the election,979
accompanied by an explanation of the coverage under each of the980
Revised Code sections and a form on which the election is to be981
made, to each member at the member's last known address. The board 982
shall also provide the explanation and form to any member on983
request.984

       Regardless of whether the member actually receives notice of985
the right to make an election, a member who fails to file a valid986
election under this section shall be considered to have elected987
disability coverage under section 145.36 of the Revised Code. To988
be valid, an election must be made on the form provided by the989
retirement board, signed by the member, and filed with the board990
not later than one hundred eighty days after the date the notice991
was mailed, or, in the case of a form provided at the request of a992
member, a date specified by rule of the retirement board. Once993
made, an election is irrevocable, but if the member ceases to be a994
member of the retirement system, the election is void. If a person 995
who makes an election under this section also makes an election 996
under section 3307.62 or 3309.39 of the Revised Code, the election 997
made for the system that pays a disability benefit to that person 998
shall govern the benefit.999

       Disability coverage shall be provided under section 145.3611000
of the Revised Code for persons who become members after July 29,1001
1992, and for members who elect under this division to be covered1002
under section 145.361 of the Revised Code.1003

       The retirement board may adopt rules governing elections made1004
under this division.1005

       (C) Application for a disability benefit may be made by a1006
member, by a person acting in the member's behalf, or by the1007
member's employer, provided the member has disability coverage1008
under section 145.36 or 145.361 of the Revised Code and is not1009
receiving a disability benefit under any other Ohio state or1010
municipal retirement program. Application must be made within two1011
years from the date the member's contributing service terminated1012
or the date the member ceased to make contributions to the PERS1013
defined benefit plan under section 145.814 of the Revised Code,1014
unless the retirement board determines that the member's medical1015
records demonstrate conclusively that at the time the two-year1016
period expired, the member was physically or mentally1017
incapacitated for duty and unable to make an application.1018
Application may not be made by or for any person receiving age and1019
service retirement benefits under section 145.33, 145.331, 145.34,1020
or 145.37 of the Revised Code or any person who, pursuant to1021
section 145.40 of the Revised Code, has been paid the accumulated1022
contributions standing to the credit of the person's individual1023
account in the employees' savings fund. The application shall be1024
made on a form provided by the retirement board.1025

       (D) The benefit payable to any member who is approved for a1026
disability benefit shall become effective on the first day of the1027
month immediately following the later of the following:1028

       (1) The last day for which compensation was paid;1029

       (2) The attainment of eligibility for a disability benefit.1030

       (E) Medical examination of a member who has applied for a1031
disability benefit shall be conducted by a competent disinterested1032
physician or physicians selected by the board to determine whether1033
the member is mentally or physically incapacitated for the1034
performance of duty by a disabling condition either permanent or1035
presumed to be permanent. The disability must have occurred since1036
last becoming a member or have increased since last becoming a1037
member to such extent as to make the disability permanent or1038
presumed to be permanent. A disability is presumed to be permanent 1039
if it is expected to last for a continuous period of not less than 1040
twelve months following the filing of the application.1041

       If the physician or physicians determine that the member1042
qualifies for a disability benefit, the board concurs with the1043
determination, and the member agrees to medical treatment as1044
specified in division (F) of this section, the member shall1045
receive a disability benefit under section 145.36 or 145.361 of1046
the Revised Code. The action of the board shall be final.1047

       (F) The public employees retirement board shall adopt rules1048
requiring a disability benefit recipient, as a condition of1049
continuing to receive a disability benefit, to agree in writing to1050
obtain any medical treatment recommended by the board's physician1051
and submit medical reports regarding the treatment. If the board1052
determines that a disability benefit recipient is not obtaining1053
the medical treatment or the board does not receive a required1054
medical report, the disability benefit shall be suspended until1055
the treatment is obtained, the report is received by the board, or1056
the board's physician certifies that the treatment is no longer1057
helpful or advisable. Should the recipient's failure to obtain1058
treatment or submit a medical report continue for one year, the1059
recipient's right to the disability benefit shall be terminated as1060
of the effective date of the original suspension.1061

       (G) In the event an employer files an application for a1062
disability benefit as a result of a member having been separated1063
from service because the member is considered to be mentally or1064
physically incapacitated for the performance of the member's1065
present duty, and the physician or physicians selected by the1066
board reports to the board that the member is physically and1067
mentally capable of performing service similar to that from which1068
the member was separated and the board concurs in the report, the1069
board shall so certify to the employer and the employer shall1070
restore the member to the member's previous position and salary or1071
to a similar position and salary.1072

       Sec. 145.49. (A) Notwithstanding section 145.47 of the1073
Revised Code:1074

       (1) The public employees retirement system shall be1075
authorized to calculate the employee contribution rates separately1076
for those public employees contributing toward benefits as PERS 1077
public safety officers under division (B)(2)(b), (c), or (d) of1078
section 145.33 of the Revised Code.1079

       (2) Each public employee contributing toward benefits as 1080
PERS law enforcement officers under division (B)(2)(a) of section 1081
145.33 of the Revised Code shall contribute to the employees' 1082
savings fund ten and one-tenththe rate determined under division 1083
(A)(1) of this section plus an additional percentage specified by 1084
the public employees retirement board, which shall initially be 1085
one per cent of the employee's earnable salary and shall not be 1086
increased to more than two per cent of the employee's earnable 1087
salary.1088

       (B) Notwithstanding section 145.48 of the Revised Code, the1089
public employees retirement system shall be authorized to1090
calculate the employer contribution rates separately for those1091
public employees contributing toward benefits as PERS public 1092
safety officers under division (B)(2)(a) of section 145.33 of the 1093
Revised Code or as PERS law enforcement officers under division1094
(B)(2)(b), (c), or (d) of that section, except that the employer1095
contribution rate shall not exceed eighteen and one-tenth per cent1096
of the earnable salaries of those employees.1097

       Sec. 145.58.  (A) As used in this section, "ineligible1098
individual" means all of the following:1099

       (1) A former member receiving benefits pursuant to section1100
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code for1101
whom eligibility is established more than five years after June1102
13, 1981, and who, at the time of establishing eligibility, has1103
accrued less than ten years' service credit, exclusive of credit1104
obtained pursuant to section 145.297 or 145.298 of the Revised1105
Code, credit obtained after January 29, 1981, pursuant to section1106
145.293 or 145.301 of the Revised Code, and credit obtained after1107
May 4, 1992, pursuant to section 145.28 of the Revised Code;1108

       (2) The spouse of the former member;1109

       (3) The beneficiary of the former member receiving benefits1110
pursuant to section 145.46 of the Revised Code.1111

       (B) The public employees retirement board may enter into1112
agreements with insurance companies, health insuring corporations,1113
or government agencies authorized to do business in the state for1114
issuance of a policy or contract of health, medical, hospital, or1115
surgical benefits, or any combination thereof, for those1116
individuals receiving age and service retirement or a disability1117
or survivor benefit subscribing to the plan, or for PERS retirants1118
employed under section 145.38 of the Revised Code, for coverage of1119
benefits in accordance with division (D)(2) of section 145.38 of1120
the Revised Code. Notwithstanding any other provision of this1121
chapter, the policy or contract may also include coverage for any1122
eligible individual's spouse and dependent children and for any of1123
the individual's sponsored dependents as the board determines1124
appropriate. If all or any portion of the policy or contract1125
premium is to be paid by any individual receiving age and service1126
retirement or a disability or survivor benefit, the individual1127
shall, by written authorization, instruct the board to deduct the1128
premium agreed to be paid by the individual to the company,1129
corporation, or agency.1130

       The board may contract for coverage on the basis of part or1131
all of the cost of the coverage to be paid from appropriate funds1132
of the public employees retirement system. The cost paid from the1133
funds of the system shall be included in the employer's1134
contribution rate provided by sections 145.48 and 145.51 of the1135
Revised Code. The board may by rule provide coverage to ineligible 1136
individuals if the coverage is provided at no cost to the 1137
retirement system. The board shall not pay or reimburse the cost 1138
for coverage under this section or section 145.325 of the Revised 1139
Code for any ineligible individual.1140

       The board may provide for self-insurance of risk or level of1141
risk as set forth in the contract with the companies,1142
corporations, or agencies, and may provide through the1143
self-insurance method specific benefits as authorized by rules of1144
the board.1145

       (C) The board shall, beginning the month following receipt of1146
satisfactory evidence of the payment for coverage, pay monthly to1147
each recipient of service retirement, or a disability or survivor1148
benefit under the public employees retirement system who is1149
eligible for medical insurance coverage under part B of Title1150
XVIII of "The Social Security Act," 79 Stat. 301 (1965), 421151
U.S.C.A. 1395j, as amended, an amount equal to the basic premium1152
determined by the board for such coverage that is not less than 1153
ninety-six dollars and forty cents, except that the board shall 1154
make no such payment to any ineligible individual or pay an amount 1155
that exceeds the amount paid by the recipient for the coverage.1156

       At the request of the board, the recipient shall certify to 1157
the retirement system the amount paid by the recipient for 1158
coverage described in this division.1159

       (D) The board shall establish by rule requirements for the1160
coordination of any coverage, payment, or benefit provided under1161
this section or section 145.325 of the Revised Code with any1162
similar coverage, payment, or benefit made available to the same1163
individual by the Ohio police and fire pension fund, state1164
teachers retirement system, school employees retirement system, or1165
state highway patrol retirement system.1166

       (E) The board shall make all other necessary rules pursuant1167
to the purpose and intent of this section.1168

       Sec. 742.45.  (A) The board of trustees of the Ohio police1169
and fire pension fund may enter into an agreement with insurance1170
companies, health insuring corporations, or government agencies1171
authorized to do business in the state for issuance of a policy or1172
contract of health, medical, hospital, or surgical benefits, or1173
any combination thereof, for those individuals receiving service1174
or disability pensions or survivor benefits subscribing to the1175
plan. Notwithstanding any other provision of this chapter, the1176
policy or contract may also include coverage for any eligible1177
individual's spouse and dependent children and for any of the1178
eligible individual's sponsored dependents as the board considers1179
appropriate.1180

       If all or any portion of the policy or contract premium is to1181
be paid by any individual receiving a service, disability, or1182
survivor pension or benefit, the individual shall, by written1183
authorization, instruct the board to deduct from the individual's1184
benefit the premium agreed to be paid by the individual to the1185
company, corporation, or agency.1186

       The board may contract for coverage on the basis of part or1187
all of the cost of the coverage to be paid from appropriate funds1188
of the Ohio police and fire pension fund. The cost paid from the1189
funds of the Ohio police and fire pension fund shall be included1190
in the employer's contribution rates provided by sections 742.331191
and 742.34 of the Revised Code.1192

       The board may provide for self-insurance of risk or level of1193
risk as set forth in the contract with the companies,1194
corporations, or agencies, and may provide through the1195
self-insurance method specific benefits as authorized by the rules1196
of the board.1197

       (B) TheExcept as otherwise provided in this division, the1198
board shall, beginning the month following receipt of satisfactory 1199
evidence of the payment for coverage, pay monthly to each1200
recipient of service, disability, or survivor benefits under the 1201
Ohio police and fire pension fund who is eligible for medical 1202
insurance coverage under part B of "The Social Security Amendments 1203
of 1965," 79 Stat. 301, 42 U.S.C.A. 1395j, as amended, an amount 1204
equal to the basic premiumsspecified by the board or determined 1205
pursuant to a formula established by the board that is not less 1206
than ninety-six dollars and forty cents, for such coverage, except 1207
that the board shall not pay an amount that exceeds the amount 1208
paid by the recipient for the coverage.1209

       The board shall pay not more than one monthly premium under 1210
this division to an eligible benefit recipient even if the 1211
recipient is receiving more than one monthly benefit from the 1212
fund. The board shall not pay a monthly premium under this 1213
division to an eligible benefit recipient who is receiving 1214
reimbursement for the premium from any other source.1215

       (C) The board shall establish by rule requirements for the1216
coordination of any coverage, payment, or benefit provided under1217
this section with any similar coverage, payment, or benefit made1218
available to the same individual by the public employees1219
retirement system, state teachers retirement system, school1220
employees retirement system, or state highway patrol retirement1221
system.1222

       (D) The board shall make all other necessary rules pursuant1223
to the purpose and intent of this section.1224

       Sec. 742.63.  The board of trustees of the Ohio police and1225
fire pension fund shall adopt rules for the management of the Ohio1226
public safety officers death benefit fund and for disbursements of1227
benefits as set forth in this section.1228

       (A) As used in this section:1229

       (1) "Member" means all of the following:1230

       (a) A member of the Ohio police and fire pension fund,1231
including a member of the fund who has elected to participate in1232
the deferred retirement option plan established under section1233
742.43 of the Revised Code or a member of or contributor to a1234
police or firemen's relief and pension fund established under1235
former Chapter 521. or 741. of the Revised Code;1236

       (b) A member of the state highway patrol retirement system, 1237
including a member who is participating in the deferred retirement 1238
option plan established under section 5505.50 of the Revised Code;1239

       (c) A member of the public employees retirement system who at1240
the time of the member's death was one of the following:1241

       (i) A county sheriff or deputy sheriff;1242

       (ii) A full-time regular police officer in a municipal1243
corporation or township;1244

       (iii) A full-time regular firefighter employed by the state,1245
an instrumentality of the state, a municipal corporation, a1246
township, a joint fire district, or another political subdivision;1247

       (iv) A full-time park district ranger or patrol trooper;1248

       (v) A full-time law enforcement officer of the department of1249
natural resources;1250

       (vi) A full-time department of public safety enforcement1251
agent;1252

       (vii) A full-time law enforcement officer of parks, waterway1253
lands, or reservoir lands under the control of a municipal1254
corporation;1255

       (viii) A full-time law enforcement officer of a conservancy1256
district;1257

       (ix) A correction officer at an institution under the control1258
of a county, a group of counties, a municipal corporation, or the1259
department of rehabilitation and correction;1260

       (x) A state university law enforcement officer;1261

       (xi) An investigator, as defined in section 109.541 of the 1262
Revised Code, or an investigator commissioned as a special agent 1263
of the bureau of criminal identification and investigation.1264

       (xii) A drug agent, as defined in section 145.01 of the 1265
Revised Code.1266

       (d) A member of a retirement system operated by a municipal1267
corporation who at the time of death was a full-time law1268
enforcement officer of parks, waterway lands, or reservoir lands1269
under the control of the municipal corporation.1270

       (2) Notwithstanding section 742.01 of the Revised Code, "fire 1271
or police department" includes a fire department of the state or 1272
an instrumentality of the state or of a municipal corporation, 1273
township, joint fire district, or other political subdivision, the 1274
state highway patrol, a county sheriff's office, the security 1275
force of an institution under the control of the department of 1276
rehabilitation and correction, the security force of a jail or 1277
workhouse under the control of a county, group of counties, or 1278
municipal corporation, the security force of a metropolitan, 1279
county, or township park district, the security force of lands 1280
under the control of the department of natural resources,1281
department of public safety enforcement agents, the security force 1282
of parks, waterway lands, or reservoir lands under the control of 1283
a municipal corporation, the security force of a conservancy1284
district, the police department of a township or municipal1285
corporation, and the police force of a state university.1286

       (3) "Firefighter or police officer" includes a state highway1287
patrol trooper, a county sheriff or deputy sheriff, a correction1288
officer at an institution under the control of a county, a group1289
of counties, a municipal corporation, or the department of1290
rehabilitation and correction, a police officer employed by a1291
township or municipal corporation, a firefighter employed by the1292
state, an instrumentality of the state, a municipal corporation, a1293
township, a joint fire district, or another political subdivision,1294
a full-time park district ranger or patrol trooper, a full-time1295
law enforcement officer of the department of natural resources, a1296
full-time department of public safety enforcement agent, a1297
full-time law enforcement officer of parks, waterway lands, or1298
reservoir lands under the control of a municipal corporation, a1299
full-time law enforcement officer of a conservancy district, and a1300
state university law enforcement officer.1301

       (4) "Correction officer" includes, in addition to any1302
correction officer, any correction corporal, sergeant, lieutenant,1303
or captain, and the equivalents of all such persons.1304

       (5) "A park district ranger or patrol trooper" means a peace1305
officer commissioned to make arrests, execute warrants, and1306
preserve the peace upon lands under the control of a board of park1307
commissioners of a metropolitan, county, or township park1308
district.1309

       (6) "Metropolitan, county, or township park district" means a1310
park district created under the authority of Chapter 511. or 1545.1311
of the Revised Code.1312

       (7) "Conservancy district" means a conservancy district1313
created under the authority of Chapter 6101. of the Revised Code.1314

       (8) "Law enforcement officer" means an officer commissioned1315
to make arrests, execute warrants, and preserve the peace upon1316
lands under the control of the governmental entity granting the1317
commission.1318

       (9) "Department of natural resources law enforcement officer"1319
includes a forest officer designated pursuant to section 1503.291320
of the Revised Code, a preserve officer designated pursuant to1321
section 1517.10 of the Revised Code, a wildlife officer designated1322
pursuant to section 1531.13 of the Revised Code, a park officer1323
designated pursuant to section 1541.10 of the Revised Code, and a1324
state watercraft officer designated pursuant to section 1547.5211325
of the Revised Code.1326

       (10) "Retirement eligibility date" means the last day of the1327
month in which a deceased member would have first become eligible,1328
had the member lived, for the retirement pension provided under1329
section 145.33, Chapter 521. or 741., division (C)(1) of section1330
742.37, or division (A)(1) of section 5505.17 of the Revised Code1331
or provided by a retirement system operated by a municipal1332
corporation.1333

       (11) "Death benefit amount" means an amount equal to the full1334
monthly salary received by a deceased member prior to death, minus1335
an amount equal to the benefit received under section 145.45,1336
742.37, 742.3714, or 5505.17 of the Revised Code or the benefit1337
received from a retirement system operated by a municipal1338
corporation, plus any increases in salary that would have been1339
granted the deceased member.1340

       (12) "Killed in the line of duty" means either of the1341
following:1342

       (a) Death in the line of duty;1343

       (b) Death from injury sustained in the line of duty,1344
including heart attack or other fatal injury or illness caused1345
while in the line of duty.1346

       (B) A spouse of a deceased member shall receive a death1347
benefit each month equal to the full death benefit amount,1348
provided that the deceased member was a firefighter or police1349
officer killed in the line of duty and there are no surviving1350
children eligible for a benefit under this section. The spouse1351
shall receive this benefit during the spouse's natural life until1352
the deceased member's retirement eligibility date, on which date1353
the benefit provided under this division shall terminate.1354

       (C)(1) If a member killed in the line of duty as a1355
firefighter or police officer is survived only by a child or1356
children, the child or children shall receive a benefit each month1357
equal to the full death benefit amount. If there is more than one1358
surviving child, the benefit shall be divided equally among these1359
children.1360

       (2) If the death benefit paid under this division is divided1361
among two or more surviving children and any of the children1362
become ineligible to continue receiving a portion of the benefit1363
as provided in division (H) of this section, the full death1364
benefit amount shall be paid to the remaining eligible child or1365
divided among the eligible children so that the benefit paid to1366
the remaining eligible child or children equals the full death1367
benefit amount.1368

       (3) Notwithstanding divisions (C)(1) and (2) of this section, 1369
all death benefits paid under this division shall terminate on the1370
deceased member's retirement eligibility date.1371

       (D) If a member killed in the line of duty as a firefighter1372
or police officer is survived by both a spouse and a child or1373
children, the monthly benefit provided shall be as follows:1374

       (1)(a) If there is a surviving spouse and one surviving1375
child, the spouse shall receive an amount each month equal to1376
one-half of the full death benefit amount and the child shall1377
receive an amount equal to one-half of the full death benefit1378
amount.1379

       (b) If the surviving spouse dies or the child becomes1380
ineligible as provided in division (H) of this section, the1381
surviving spouse or child remaining eligible shall receive the1382
full death benefit amount.1383

       (2)(a) If there is a surviving spouse and more than one1384
child, the spouse shall receive an amount each month equal to1385
one-third of the full death benefit amount and the children shall1386
receive an amount, equally divided among them, equal to two-thirds1387
of the full death benefit amount.1388

       (b) If a spouse and more than one child each are receiving a1389
death benefit under division (D)(2)(a) of this section and the1390
spouse dies, the children shall receive an amount each month,1391
equally divided among them, equal to the full death benefit1392
amount.1393

       (c) If a spouse and more than one child each are receiving a1394
benefit under division (D)(2)(a) of this section and any of the1395
children becomes ineligible to receive a benefit as provided in1396
division (H) of this section, the spouse and remaining eligible1397
child or children shall receive a death benefit as follows:1398

       (i) If there are two or more remaining eligible children, the1399
spouse shall receive an amount each month equal to one-third of 1400
the full death benefit amount and the children shall receive an1401
amount each month, equally divided among them, equal to two-thirds1402
of the full death benefit amount;1403

       (ii) If there is one remaining eligible child, the spouse1404
shall receive an amount each month equal to one-half of the full1405
death benefit amount, and the child shall receive an amount each1406
month equal to one-half of the full death benefit amount.1407

       (d) If a spouse and more than one child each are receiving a1408
benefit under division (D)(2)(a) of this section and all of the1409
children become ineligible to receive a benefit as provided in1410
division (H) of this section, the spouse shall receive the full1411
death benefit amount.1412

       (3) Notwithstanding divisions (D)(1) and (2) of this section, 1413
death benefits paid under this division to a surviving spouse 1414
shall terminate on the member's retirement eligibility date. Death 1415
benefits paid to a surviving child or children shall terminate on 1416
the deceased member's retirement eligibility date unless earlier 1417
terminated pursuant to division (H) of this section.1418

       (E) If a member, on or after January 1, 1980, is killed in1419
the line of duty as a firefighter or police officer and is1420
survived by only a parent or parents dependent upon the member for1421
support, the parent or parents shall receive an amount each month1422
equal to the full death benefit amount. If there is more than one1423
surviving parent dependent upon the deceased member for support,1424
the death benefit amount shall be divided equally among the1425
surviving parents. On the death of one of the surviving parents,1426
the full death benefit amount shall be paid to the other parent.1427

       (F)(1) The following shall receive a monthly death benefit1428
under this division:1429

       (a) A surviving spouse whose benefits are terminated in1430
accordance with division (B) or (D)(3) of this section on the1431
deceased member's retirement eligibility date, or who would1432
qualify for a benefit under division (B) or (D) of this section1433
except that the deceased member reached the member's retirement1434
eligibility date prior to the member's death;1435

       (b) A qualified surviving spouse of a deceased member of or1436
contributor to a police or firemen's relief and pension fund1437
established under former Chapter 521. or 741. of the Revised Code1438
who was a firefighter or police officer killed in the line of1439
duty.1440

       (2) The monthly death benefit shall be one-half of an amount1441
equal to the monthly salary received by the deceased member prior1442
to the member's death, plus any salary increases the deceased1443
member would have received prior to the member's retirement1444
eligibility date. The benefit shall terminate on the surviving1445
spouse's death. A death benefit payable under this division shall1446
be reduced by an amount equal to any allowance or benefit payable1447
to the surviving spouse under section 742.3714 of the Revised1448
Code.1449

       (3) A benefit granted to a surviving spouse under division1450
(F)(1)(b) of this section shall commence on the first day of the1451
month immediately following receipt by the board of a completed1452
application on a form provided by the board and any evidence the1453
board may require to establish that the deceased spouse was killed1454
in the line of duty.1455

       (G)(1) If there is not a surviving spouse eligible to receive 1456
a death benefit under division (F) of this section or the1457
surviving spouse receiving a death benefit under that division1458
dies, a surviving child or children whose benefits under division1459
(C) or (D) of this section are or have been terminated pursuant to1460
division (C)(3) or (D)(3) of this section or who would qualify for1461
a benefit under division (C) or (D) of this section except that1462
the deceased member reached the member's retirement eligibility1463
date prior to the member's death shall receive a monthly death1464
benefit under this division. The monthly death benefit shall be1465
one-half of an amount equal to the monthly salary received by the1466
deceased member prior to the member's death, plus any salary1467
increases the member would have received prior to the member's1468
retirement eligibility date. If there is more than one surviving1469
child, the benefit shall be divided equally among the surviving1470
children.1471

       (2) If two or more surviving children each are receiving a1472
benefit under this division and any of those children becomes1473
ineligible to continue receiving a benefit as provided in division1474
(H) of this section, the remaining eligible child or children1475
shall receive an amount equal to one-half of the monthly salary1476
received by the deceased member prior to death, plus any salary1477
increases the deceased member would have received prior to the1478
retirement eligibility date. If there is more than one remaining1479
eligible child, the benefit shall be divided equally among the1480
eligible children.1481

       (3) A death benefit, or portion of a death benefit, payable1482
to a surviving child under this division shall be reduced by an1483
amount equal to any allowance or benefit payable to that child1484
under section 742.3714 of the Revised Code, but the reduction in1485
that child's benefit shall not affect the amount payable to any1486
other surviving child entitled to a portion of the death benefit.1487

       (H) A death benefit paid to a surviving child under division1488
(C), (D), or (G) of this section shall terminate on the death of1489
the child or, unless one of the following is the case, when the1490
child reaches age eighteen:1491

       (1) The child, because of physical or mental disability, is1492
unable to provide the child's own support, in which case the death1493
benefit shall terminate when the disability is removed;1494

       (2) The child is unmarried, under age twenty-two, and a1495
student in and attending an institution of learning or training1496
pursuant to a program designed to complete in each school year the1497
equivalent of at least two-thirds of the full-time curriculum1498
requirements of the institution, as determined by the trustees of1499
the fund.1500

       (I) Acceptance of any death benefit under this section does1501
not prohibit a spouse or child from receiving other benefits1502
provided under the Ohio police and fire pension fund, the state1503
highway patrol retirement system, the public employees retirement1504
system, or a retirement system operated by a municipal1505
corporation.1506

       (J) No person shall receive a benefit under this section if1507
any of the following occur:1508

       (1) The person fails to exercise the right to a monthly1509
survivor benefit under division (A) or (B) of section 145.45,1510
division (D), (E), or (F) of section 742.37, or division (A)(3),1511
(4), or (7) of section 5505.17 of the Revised Code; to a monthly1512
survivor benefit from a retirement system operated by a municipal1513
corporation; or to a retirement allowance under section 742.37141514
of the Revised Code.1515

       (2) The member's accumulated contributions under this chapter 1516
or Chapter 145. or 5505. of the Revised Code are refunded unless 1517
the member had been a member of the public employees retirement1518
system and had fewer than eighteen months of total service credit1519
at the time of death.1520

       (3) In the case of a full-time park district ranger or patrol 1521
trooper, a full-time law enforcement officer of the department of 1522
natural resources, a full-time law enforcement officer of parks, 1523
waterway lands, or reservoir lands under the control of a1524
municipal corporation, a full-time law enforcement officer of a1525
conservancy district, a correction officer at an institution under 1526
the control of a county, group of counties, or municipal1527
corporation, or a member of a retirement system operated by a1528
municipal corporation who at the time of the member's death was a1529
full-time law enforcement officer of parks, waterway lands, or1530
reservoir lands under the control of the municipal corporation,1531
the member died prior to April 9, 1981, in the case of a benefit1532
under division (B), (C), or (D) of this section, or prior to1533
January 1, 1980, in the case of a benefit under division (E) of1534
this section.1535

       (4) In the case of a full-time department of public safety1536
enforcement agent who prior to June 30, 1999, was a liquor control1537
investigator of the department of public safety, the member died1538
prior to December 23, 1986;1539

       (5) In the case of a full-time department of public safety1540
enforcement agent other than an enforcement agent who, prior to1541
June 30, 1999, was a liquor control investigator, the member died1542
prior to June 30, 1999.1543

       (K) A surviving spouse whose benefit was terminated prior to 1544
June 30, 1999, due to remarriage shall receive a benefit under1545
division (B), (D), or (F) of this section beginning on the first1546
day of the month following receipt by the board of an application1547
on a form provided by the board. The benefit amount shall be1548
determined as of that date.1549

       (1) If the benefit will begin prior to the deceased member's1550
retirement eligibility date, it shall be paid under division (B)1551
or (D) of this section and shall terminate as provided in those1552
divisions. A benefit paid to a surviving spouse under division (D) 1553
of this section shall be determined in accordance with that1554
division, even if benefits paid to surviving children are reduced1555
as a result.1556

       (2) If the benefit will begin on or after the deceased1557
member's retirement eligibility date, it shall be paid under1558
division (F) of this section and shall terminate as provided in1559
that division. A benefit paid to a surviving spouse under division 1560
(F) of this section shall be determined in accordance with that 1561
division, even if benefits paid to surviving children are 1562
terminated as a result.1563

       Section 2. That existing sections 145.01, 145.19, 145.191, 1564
145.33, 145.35, 145.49, 145.58, 742.45, and 742.63 of the Revised 1565
Code are hereby repealed.1566

       Section 3. The intent of the General Assembly in the 1567
amendments made in this act to divisions (WW) and (YY) of section 1568
145.01 and division (E)(3)(m) of section 145.33 of the Revised 1569
Code is to provide that service as a municipal public safety 1570
director earned on or after the effective date of this section 1571
shall not be used in calculation of benefits under divisions (B) 1572
to (E) of section 145.33 of the Revised Code. The amendments are 1573
not intended to prohibit the use of such service for calculation 1574
of benefits under those divisions for service prior to the 1575
effective date of this section.1576