S. B. No. 267 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 267

Senator Faber

Cosponsor: Senator Seitz

A BILL

To amend sections 145.01, 145.19, 145.191, 145.33,

145.35, and 145.49 and to enact section 145.2914

of the Revised Code regarding the Public Employees

Retirement System law enforcement division.

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

Section 1. That sections 145.01, 145.19, 145.191, 145.33,	5
145.35, and 145.49 be amended and section 145.2914 of the Revised	6
Code be enacted to read as follows:	7

Sec. 145.01. As used in this chapter:

(A) "Public employee" means:

(1) Any person holding an office, not elective, under the	10
state or any county, township, municipal corporation, park	11
district, conservancy district, sanitary district, health	12
district, metropolitan housing authority, state retirement board,	13
Ohio historical society, public library, county law library, union	14
cemetery, joint hospital, institutional commissary, state	15
university, or board, bureau, commission, council, committee,	16
authority, or administrative body as the same are, or have been,	17
created by action of the general assembly or by the legislative	18
authority of any of the units of local government named in	19
division (A)(1) of this section, or employed and paid in whole or	20
in part by the state or any of the authorities named in division	21
(A)(1) of this section in any capacity not covered by section	22
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	23

(2) A person who is a member of the public employees	24
retirement system and who continues to perform the same or similar	25
duties under the direction of a contractor who has contracted to	26
take over what before the date of the contract was a publicly	27
operated function. The governmental unit with which the contract	28
has been made shall be deemed the employer for the purposes of	29
administering this chapter.	30

(3) Any person who is an employee of a public employer,	31
notwithstanding that the person's compensation for that employment	32
is derived from funds of a person or entity other than the	33
employer. Credit for such service shall be included as total	34
service credit, provided that the employee makes the payments	35
required by this chapter, and the employer makes the payments	36
required by sections 145.48 and 145.51 of the Revised Code.	37

(4) A person who elects in accordance with section 145.015 of	38
the Revised Code to remain a contributing member of the public	39
employees retirement system.	40

In all cases of doubt, the public employees retirement board	41
shall determine whether any person is a public employee, and its	42
decision is final.	43

(B) "Member" means any public employee, other than a public	44
employee excluded or exempted from membership in the retirement	45
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	46
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	47
retirant who becomes a member under division (C) of section 145.38	48
of the Revised Code. "Member" also includes a disability benefit	49
recipient.	50

(C) "Head of the department" means the elective or appointive	51
head of the several executive, judicial, and administrative	52
departments, institutions, boards, and commissions of the state	53
and local government as the same are created and defined by the	54
laws of this state or, in case of a charter government, by that	55
charter.	56

(D) "Employer" or "public employer" means the state or any	57
county, township, municipal corporation, park district,	58
conservancy district, sanitary district, health district,	59
metropolitan housing authority, state retirement board, Ohio	60
historical society, public library, county law library, union	61
cemetery, joint hospital, institutional commissary, state medical	62
college, state university, or board, bureau, commission, council,	63
committee, authority, or administrative body as the same are, or	64
have been, created by action of the general assembly or by the	65
legislative authority of any of the units of local government	66
named in this division not covered by section 742.01, 3307.01,	67
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	68
means the employer of any public employee.	69

(E) "Prior service" means all service as a public employee	70
rendered before January 1, 1935, and all service as an employee of	71
any employer who comes within the state teachers retirement system	72
or of the school employees retirement system or of any other	73
retirement system established under the laws of this state	74
rendered prior to January 1, 1935, provided that if the employee	75
claiming the service was employed in any capacity covered by that	76
other system after that other system was established, credit for	77
the service may be allowed by the public employees retirement	78
system only when the employee has made payment, to be computed on	79
the salary earned from the date of appointment to the date	80
membership was established in the public employees retirement	81
system, at the rate in effect at the time of payment, and the	82
employer has made payment of the corresponding full liability as	83
provided by section 145.44 of the Revised Code. "Prior service"	84
also means all service credited for active duty with the armed	85
forces of the United States as provided in section 145.30 of the	86
Revised Code.	87

If an employee who has been granted prior service credit by	88
the public employees retirement system for service rendered prior	89
to January 1, 1935, as an employee of a board of education	90
establishes, before retirement, one year or more of contributing	91
service in the state teachers retirement system or school	92
employees retirement system, then the prior service ceases to be	93
the liability of this system.	94

If the board determines that a position of any member in any	95
calendar year prior to January 1, 1935, was a part-time position,	96
the board shall determine what fractional part of a year's credit	97
shall be allowed by the following formula:	98

(1) When the member has been either elected or appointed to	99
an office the term of which was two or more years and for which an	100
annual salary is established, the fractional part of the year's	101
credit shall be computed as follows:	102

First, when the member's annual salary is one thousand	103
dollars or less, the service credit for each such calendar year	104
shall be forty per cent of a year.	105

Second, for each full one hundred dollars of annual salary	106
above one thousand dollars, the member's service credit for each	107
such calendar year shall be increased by two and one-half per	108
cent.	109

(2) When the member is paid on a per diem basis, the service	110
credit for any single year of the service shall be determined by	111
using the number of days of service for which the compensation was	112
received in any such year as a numerator and using two hundred	113
fifty days as a denominator.	114

(3) When the member is paid on an hourly basis, the service	115
credit for any single year of the service shall be determined by	116
using the number of hours of service for which the compensation	117
was received in any such year as a numerator and using two	118
thousand hours as a denominator.	119

(F) "Contributor" means any person who has an account in the	120
employees' savings fund created by section 145.23 of the Revised	121
Code. When used in the sections listed in division (B) of section	122
145.82 of the Revised Code, "contributor" includes any person	123
participating in a PERS defined contribution plan.	124

(G) "Beneficiary" or "beneficiaries" means the estate or a	125
person or persons who, as the result of the death of a member,	126
contributor, or retirant, qualify for or are receiving some right	127
or benefit under this chapter.	128

(H)(1) "Total service credit," except as provided in section	129
145.37 of the Revised Code, means all service credited to a member	130
of the retirement system since last becoming a member, including	131
restored service credit as provided by section 145.31 of the	132
Revised Code; credit purchased under sections 145.293 and 145.299	133
of the Revised Code; all the member's prior service credit; all	134
the member's military service credit computed as provided in this	135
chapter; all service credit established pursuant to section	136
145.297 of the Revised Code; and any other service credited under	137
this chapter. In addition, "total service credit" includes any	138
period, not in excess of three years, during which a member was	139
out of service and receiving benefits under Chapters 4121. and	140
4123. of the Revised Code. For the exclusive purpose of satisfying	141
the service credit requirement and of determining eligibility for	142
benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36,	143
and 145.361 of the Revised Code, "five or more years of total	144
service credit" means sixty or more calendar months of	145
contributing service in this system.	146

(2) "One and one-half years of contributing service credit,"	147
as used in division (B) of section 145.45 of the Revised Code,	148
also means eighteen or more calendar months of employment by a	149
municipal corporation that formerly operated its own retirement	150
plan for its employees or a part of its employees, provided that	151
all employees of that municipal retirement plan who have eighteen	152
or more months of such employment, upon establishing membership in	153
the public employees retirement system, shall make a payment of	154
the contributions they would have paid had they been members of	155
this system for the eighteen months of employment preceding the	156
date membership was established. When that payment has been made	157
by all such employee members, a corresponding payment shall be	158
paid into the employers' accumulation fund by that municipal	159
corporation as the employer of the employees.	160

(3) Where a member also is a member of the state teachers	161
retirement system or the school employees retirement system, or	162
both, except in cases of retirement on a combined basis pursuant	163
to section 145.37 of the Revised Code or as provided in section	164
145.383 of the Revised Code, service credit for any period shall	165
be credited on the basis of the ratio that contributions to the	166
public employees retirement system bear to total contributions in	167
all state retirement systems.	168

(4) Not more than one year of credit may be given for any	169
period of twelve months.	170

(5) "Ohio service credit" means credit for service that was	171
rendered to the state or any of its political subdivisions or any	172
employer.	173

(I) "Regular interest" means interest at any rates for the	174
respective funds and accounts as the public employees retirement	175
board may determine from time to time.	176

(J) "Accumulated contributions" means the sum of all amounts	177
credited to a contributor's individual account in the employees'	178
savings fund together with any interest credited to the	179
contributor's account under section 145.471 or 145.472 of the	180
Revised Code.	181

(K)(1) "Final average salary" means the quotient obtained by	182
dividing by three the sum of the three full calendar years of	183
contributing service in which the member's earnable salary was	184
highest, except that if the member has a partial year of	185
contributing service in the year the member's employment	186
terminates and the member's earnable salary for the partial year	187
is higher than for any comparable period in the three years, the	188
member's earnable salary for the partial year shall be substituted	189
for the member's earnable salary for the comparable period during	190
the three years in which the member's earnable salary was lowest.	191

(2) If a member has less than three years of contributing	192
service, the member's final average salary shall be the member's	193
total earnable salary divided by the total number of years,	194
including any fraction of a year, of the member's contributing	195
service.	196

(3) For the purpose of calculating benefits payable to a	197
member qualifying for service credit under division (Z) of this	198
section, "final average salary" means the total earnable salary on	199
which contributions were made divided by the total number of years	200
during which contributions were made, including any fraction of a	201
year. If contributions were made for less than twelve months,	202
"final average salary" means the member's total earnable salary.	203

(L) "Annuity" means payments for life derived from	204
contributions made by a contributor and paid from the annuity and	205
pension reserve fund as provided in this chapter. All annuities	206
shall be paid in twelve equal monthly installments.	207

(M) "Annuity reserve" means the present value, computed upon	208
the basis of the mortality and other tables adopted by the board,	209
of all payments to be made on account of any annuity, or benefit	210
in lieu of any annuity, granted to a retirant as provided in this	211
chapter.	212

(N)(1) "Disability retirement" means retirement as provided	213
in section 145.36 of the Revised Code.	214

(2) "Disability allowance" means an allowance paid on account	215
of disability under section 145.361 of the Revised Code.	216

(3) "Disability benefit" means a benefit paid as disability	217
retirement under section 145.36 of the Revised Code, as a	218
disability allowance under section 145.361 of the Revised Code, or	219
as a disability benefit under section 145.37 of the Revised Code.	220

(4) "Disability benefit recipient" means a member who is	221
receiving a disability benefit.	222

(O) "Age and service retirement" means retirement as provided	223
in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of	224
the Revised Code.	225

(P) "Pensions" means annual payments for life derived from	226
contributions made by the employer that at the time of retirement	227
are credited into the annuity and pension reserve fund from the	228
employers' accumulation fund and paid from the annuity and pension	229
reserve fund as provided in this chapter. All pensions shall be	230
paid in twelve equal monthly installments.	231

(Q) "Retirement allowance" means the pension plus that	232
portion of the benefit derived from contributions made by the	233
member.	234

(R)(1) Except as otherwise provided in division (R) of this	235
section, "earnable salary" means all salary, wages, and other	236
earnings paid to a contributor by reason of employment in a	237
position covered by the retirement system. The salary, wages, and	238
other earnings shall be determined prior to determination of the	239
amount required to be contributed to the employees' savings fund	240
under section 145.47 of the Revised Code and without regard to	241
whether any of the salary, wages, or other earnings are treated as	242
deferred income for federal income tax purposes. "Earnable salary"	243
includes the following:	244

(a) Payments made by the employer in lieu of salary, wages,	245
or other earnings for sick leave, personal leave, or vacation used	246
by the contributor;	247

(b) Payments made by the employer for the conversion of sick	248
leave, personal leave, and vacation leave accrued, but not used if	249
the payment is made during the year in which the leave is accrued,	250
except that payments made pursuant to section 124.383 or 124.386	251
of the Revised Code are not earnable salary;	252

(c) Allowances paid by the employer for full maintenance,	253
consisting of housing, laundry, and meals, as certified to the	254
retirement board by the employer or the head of the department	255
that employs the contributor;	256

(d) Fees and commissions paid under section 507.09 of the	257
Revised Code;	258

(e) Payments that are made under a disability leave program	259
sponsored by the employer and for which the employer is required	260
by section 145.296 of the Revised Code to make periodic employer	261
and employee contributions;	262

(f) Amounts included pursuant to divisions (K)(3) and (Y) of	263
this section.	264

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

265

(a) Fees and commissions, other than those paid under section	266
507.09 of the Revised Code, paid as sole compensation for personal	267
services and fees and commissions for special services over and	268
above services for which the contributor receives a salary;	269

(b) Amounts paid by the employer to provide life insurance,	270
sickness, accident, endowment, health, medical, hospital, dental,	271
or surgical coverage, or other insurance for the contributor or	272
the contributor's family, or amounts paid by the employer to the	273
contributor in lieu of providing the insurance;	274

(c) Incidental benefits, including lodging, food, laundry,	275
parking, or services furnished by the employer, or use of the	276
employer's property or equipment, or amounts paid by the employer	277
to the contributor in lieu of providing the incidental benefits;	278

(d) Reimbursement for job-related expenses authorized by the	279
employer, including moving and travel expenses and expenses	280
related to professional development;	281

(e) Payments for accrued but unused sick leave, personal	282
leave, or vacation that are made at any time other than in the	283
year in which the sick leave, personal leave, or vacation was	284
accrued;	285

(f) Payments made to or on behalf of a contributor that are	286
in excess of the annual compensation that may be taken into	287
account by the retirement system under division (a)(17) of section	288
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	289
U.S.C.A. 401(a)(17), as amended;	290

(g) Payments made under division (B), (C), or (E) of section	291
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	292
No. 3 of the 119th general assembly, Section 3 of Amended	293
Substitute Senate Bill No. 164 of the 124th general assembly, or	294
Amended Substitute House Bill No. 405 of the 124th general	295
assembly;	296

(h) Anything of value received by the contributor that is	297
based on or attributable to retirement or an agreement to retire,	298
except that payments made on or before January 1, 1989, that are	299
based on or attributable to an agreement to retire shall be	300
included in earnable salary if both of the following apply:	301

(i) The payments are made in accordance with contract	302
provisions that were in effect prior to January 1, 1986;	303

(ii) The employer pays the retirement system an amount	304
specified by the retirement board equal to the additional	305
liability resulting from the payments.	306

(3) The retirement board shall determine by rule whether any	307
compensation not enumerated in division (R) of this section is	308
earnable salary, and its decision shall be final.	309

(S) "Pension reserve" means the present value, computed upon	310
the basis of the mortality and other tables adopted by the board,	311
of all payments to be made on account of any retirement allowance	312
or benefit in lieu of any retirement allowance, granted to a	313
member or beneficiary under this chapter.	314

(T)(1) "Contributing service" means all service credited to a	315
member of the system since January 1, 1935, for which	316
contributions are made as required by sections 145.47, 145.48, and	317
145.483 of the Revised Code. In any year subsequent to 1934,	318
credit for any service shall be allowed by the following formula:	319

(a) For each month for which the member's earnable salary is	320
two hundred fifty dollars or more, allow one month's credit.	321

(b) For each month for which the member's earnable salary is	322
less than two hundred fifty dollars, allow a fraction of a month's	323
credit. The numerator of this fraction shall be the earnable	324
salary during the month, and the denominator shall be two hundred	325
fifty dollars, except that if the member's annual earnable salary	326
is less than six hundred dollars, the member's credit shall not be	327
reduced below twenty per cent of a year for a calendar year of	328
employment during which the member worked each month. Division	329
(T)(1)(b) of this section shall not reduce any credit earned	330
before January 1, 1985.	331

(2) Notwithstanding division (T)(1) of this section, an	332
elected official who prior to January 1, 1980, was granted a full	333
year of credit for each year of service as an elected official	334
shall be considered to have earned a full year of credit for each	335
year of service regardless of whether the service was full-time or	336
part-time. The public employees retirement board has no authority	337
to reduce the credit.	338

(U) "State retirement board" means the public employees	339
retirement board, the school employees retirement board, or the	340
state teachers retirement board.	341

(V) "Retirant" means any former member who retires and is	342
receiving a monthly allowance as provided in sections 145.32,	343
145.33, 145.331, 145.34, and 145.46 of the Revised Code.	344

(W) "Employer contribution" means the amount paid by an	345
employer as determined under section 145.48 of the Revised Code.	346

(X) "Public service terminates" means the last day for which	347
a public employee is compensated for services performed for an	348
employer or the date of the employee's death, whichever occurs	349
first.	350

(Y) When a member has been elected or appointed to an office,	351
the term of which is two or more years, for which an annual salary	352
is established, and in the event that the salary of the office is	353
increased and the member is denied the additional salary by reason	354
of any constitutional provision prohibiting an increase in salary	355
during a term of office, the member may elect to have the amount	356
of the member's contributions calculated upon the basis of the	357
increased salary for the office. At the member's request, the	358
board shall compute the total additional amount the member would	359
have contributed, or the amount by which each of the member's	360
contributions would have increased, had the member received the	361
increased salary for the office the member holds. If the member	362
elects to have the amount by which the member's contribution would	363
have increased withheld from the member's salary, the member shall	364
notify the employer, and the employer shall make the withholding	365
and transmit it to the retirement system. A member who has not	366
elected to have that amount withheld may elect at any time to make	367
a payment to the retirement system equal to the additional amount	368
the member's contribution would have increased, plus interest on	369
that contribution, compounded annually at a rate established by	370
the board and computed from the date on which the last	371
contribution would have been withheld from the member's salary to	372
the date of payment. A member may make a payment for part of the	373
period for which the increased contribution was not withheld, in	374
which case the interest shall be computed from the date the last	375
contribution would have been withheld for the period for which the	376
payment is made. Upon the payment of the increased contributions	377
as provided in this division, the increased annual salary as	378
provided by law for the office for the period for which the member	379
paid increased contributions thereon shall be used in determining	380
the member's earnable salary for the purpose of computing the	381
member's final average salary.	382

(Z) "Five years of service credit," for the exclusive purpose	383
of satisfying the service credit requirements and of determining	384
eligibility for benefits under section 145.33 of the Revised Code,	385
means employment covered under this chapter or under a former	386
retirement plan operated, recognized, or endorsed by the employer	387
prior to coverage under this chapter or under a combination of the	388
coverage.	389

(AA) "Deputy sheriff" means any person who is commissioned	390
and employed as a full-time peace officer by the sheriff of any	391
county, and has been so employed since on or before December 31,	392
1965~~, and whose primary duties are to preserve the peace, to~~	393
~~protect life and property, and to enforce the laws of this state~~;	394
any person who is or has been commissioned and employed as a peace	395
officer by the sheriff of any county since January 1, 1966, and	396
who has received a certificate attesting to the person's	397
satisfactory completion of the peace officer training school as	398
required by section 109.77 of the Revised Code ~~and whose primary~~	399
~~duties are to preserve the peace, protect life and property, and~~	400
~~enforce the laws of this state~~; or any person deputized by the	401
sheriff of any county and employed pursuant to section 2301.12 of	402
the Revised Code as a criminal bailiff or court constable who has	403
received a certificate attesting to the person's satisfactory	404
completion of the peace officer training school as required by	405
section 109.77 of the Revised Code ~~and whose primary duties are to~~	406
~~preserve the peace, protect life and property, and enforce the~~	407
~~laws of this state~~.	408

(BB) "Township constable or police officer in a township	409
police department or district" means any person who is	410
commissioned and employed as a full-time peace officer pursuant to	411
Chapter 505. or 509. of the Revised Code, who has received a	412
certificate attesting to the person's satisfactory completion of	413
the peace officer training school as required by section 109.77 of	414
the Revised Code~~, and whose primary duties are to preserve the~~	415
~~peace, protect life and property, and enforce the laws of this~~	416
~~state~~.	417

(CC) "Drug agent" means any person who is either of the	418
following:	419

(1) Employed full-time as a narcotics agent by a county	420
narcotics agency created pursuant to section 307.15 of the Revised	421
Code and has received a certificate attesting to the satisfactory	422
completion of the peace officer training school as required by	423
section 109.77 of the Revised Code;	424

(2) Employed full-time as an undercover drug agent as defined	425
in section 109.79 of the Revised Code and is in compliance with	426
section 109.77 of the Revised Code.	427

(DD) "Department of public safety enforcement agent" means a	428
full-time employee of the department of public safety who is	429
designated under section 5502.14 of the Revised Code as an	430
enforcement agent and who is in compliance with section 109.77 of	431
the Revised Code.	432

(EE) "Natural resources law enforcement staff officer" means	433
a full-time employee of the department of natural resources who is	434
designated a natural resources law enforcement staff officer under	435
section 1501.013 of the Revised Code and is in compliance with	436
section 109.77 of the Revised Code.	437

(FF) "Park officer" means a full-time employee of the	438
department of natural resources who is designated a park officer	439
under section 1541.10 of the Revised Code and is in compliance	440
with section 109.77 of the Revised Code.	441

(GG) "Forest officer" means a full-time employee of the	442
department of natural resources who is designated a forest officer	443
under section 1503.29 of the Revised Code and is in compliance	444
with section 109.77 of the Revised Code.	445

(HH) "Preserve officer" means a full-time employee of the	446
department of natural resources who is designated a preserve	447
officer under section 1517.10 of the Revised Code and is in	448
compliance with section 109.77 of the Revised Code.	449

(II) "Wildlife officer" means a full-time employee of the	450
department of natural resources who is designated a wildlife	451
officer under section 1531.13 of the Revised Code and is in	452
compliance with section 109.77 of the Revised Code.	453

(JJ) "State watercraft officer" means a full-time employee of	454
the department of natural resources who is designated a state	455
watercraft officer under section 1547.521 of the Revised Code and	456
is in compliance with section 109.77 of the Revised Code.	457

(KK) "Park district police officer" means a full-time	458
employee of a park district who is designated pursuant to section	459
511.232 or 1545.13 of the Revised Code and is in compliance with	460
section 109.77 of the Revised Code.	461

(LL) "Conservancy district officer" means a full-time	462
employee of a conservancy district who is designated pursuant to	463
section 6101.75 of the Revised Code and is in compliance with	464
section 109.77 of the Revised Code.	465

(MM) "Municipal police officer" means a member of the	466
organized police department of a municipal corporation who is	467
employed full-time, is in compliance with section 109.77 of the	468
Revised Code, and is not a member of the Ohio police and fire	469
pension fund.	470

(NN) "Veterans' home police officer" means any person who is	471
employed at a veterans' home as a police officer pursuant to	472
section 5907.02 of the Revised Code and is in compliance with	473
section 109.77 of the Revised Code.	474

(OO) "Special police officer for a mental health institution"	475
means any person who is designated as such pursuant to section	476
5119.14 of the Revised Code and is in compliance with section	477
109.77 of the Revised Code.	478

(PP) "Special police officer for an institution for the	479
mentally retarded and developmentally disabled" means any person	480
who is designated as such pursuant to section 5123.13 of the	481
Revised Code and is in compliance with section 109.77 of the	482
Revised Code.	483

(QQ) "State university law enforcement officer" means any	484
person who is employed full-time as a state university law	485
enforcement officer pursuant to section 3345.04 of the Revised	486
Code and who is in compliance with section 109.77 of the Revised	487
Code.	488

(RR) "House sergeant at arms" means any person appointed by	489
the speaker of the house of representatives under division (B)(1)	490
of section 101.311 of the Revised Code who has arrest authority	491
under division (E)(1) of that section.	492

(SS) "Assistant house sergeant at arms" means any person	493
appointed by the house sergeant at arms under division (C)(1) of	494
section 101.311 of the Revised Code.	495

(TT) "Regional transit authority police officer" means a	496
person who is employed full time as a regional transit authority	497
police officer under division (Y) of section 306.35 of the Revised	498
Code and is in compliance with section 109.77 of the Revised Code.	499

(UU) "State highway patrol police officer" means a special	500
police officer employed full time and designated by the	501
superintendent of the state highway patrol pursuant to section	502
5503.09 of the Revised Code or a person serving full time as a	503
special police officer pursuant to that section on a permanent	504
basis on October 21, 1997, who is in compliance with section	505
109.77 of the Revised Code.	506

(VV) "Municipal public safety director" means a person who	507
serves ~~full-time~~full time as the public safety director of a	508
municipal corporation with the duty of directing the activities of	509
the municipal corporation's police department and fire department.	510

(WW) Notwithstanding section 2901.01 of the Revised Code,	511
"PERS law enforcement officer" means a sheriff,or any of the	512
following whose primary duties are to preserve the peace, protect	513
life and property, and enforce the laws of this state: a deputy	514
sheriff, township constable or police officer in a township police	515
department or district, drug agent, municipal public safety	516
director, department of public safety enforcement agent, natural	517
resources law enforcement staff officer, park officer, forest	518
officer, preserve officer, wildlife officer, state watercraft	519
officer, park district police officer, conservancy district	520
officer, veterans' home police officer, special police officer for	521
a mental health institution, special police officer for an	522
institution for the mentally retarded and developmentally	523
disabled, state university law enforcement officer, municipal	524
police officer, house sergeant at arms, assistant house sergeant	525
at arms, regional transit authority police officer, or state	526
highway patrol police officer.	527

(XX) "Hamilton county municipal court bailiff" means a person	528
appointed by the clerk of courts of the Hamilton county municipal	529
court under division (A)(3) of section 1901.32 of the Revised Code	530
who is employed full time as a bailiff or deputy bailiff, who has	531
received a certificate attesting to the person's satisfactory	532
completion of the peace officer basic training described in	533
division (D)(1) of section 109.77 of the Revised Code~~, and whose~~	534
~~primary duties are to preserve the peace, to protect life and~~	535
~~property, and to enforce the laws of this state~~.	536

(YY) "PERS public safety officer" means a Hamilton county	537
municipal court bailiff, or any of the following whose primary	538
duties are other than to preserve the peace, protect life and	539
property, and enforce the laws of this state: a deputy sheriff,	540
township constable or police officer in a township police	541
department or district, drug agent, department of public safety	542
enforcement agent, natural resources law enforcement staff	543
officer, park officer, forest officer, preserve officer, wildlife	544
officer, state watercraft officer, park district police officer,	545
conservancy district officer, veterans' home police officer,	546
special police officer for a mental health institution, special	547
police officer for an institution for the mentally retarded and	548
developmentally disabled, state university law enforcement	549
officer, municipal police officer, house sergeant at arms,	550
assistant house sergeant at arms, regional transit authority	551
police officer, or state highway patrol police officer.	552

(ZZ) "Fiduciary" means a person who does any of the	553
following:	554

(1) Exercises any discretionary authority or control with	555
respect to the management of the system or with respect to the	556
management or disposition of its assets;	557

(2) Renders investment advice for a fee, direct or indirect,	558
with respect to money or property of the system;	559

(3) Has any discretionary authority or responsibility in the	560
administration of the system.	561

~~(ZZ)~~(AAA) "Actuary" means an individual who satisfies all of	562
the following requirements:	563

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

564

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

565

(3) Has a minimum of five years' experience in providing	566
actuarial services to public retirement plans.	567

~~(AAA)~~(BBB) "PERS defined benefit plan" means the plan	568
described in sections 145.201 to 145.79 of the Revised Code.	569

~~(BBB)~~(CCC) "PERS defined contribution plans" means the plan	570
or plans established under section 145.81 of the Revised Code.	571

Sec. 145.19. (A) Except as provided in division (D) of this	572
section, an individual who becomes employed in a position subject	573
to this chapter on or after the date on which the public employees	574
retirement board first establishes a PERS defined contribution	575
plan shall make an election under this section. Not later than one	576
hundred eighty days after the date on which employment begins, the	577
individual shall elect to participate either in the PERS defined	578
benefit plan or a PERS defined contribution plan. If a form	579
evidencing an election under this section is not received by the	580
public employees retirement system not later than the last day of	581
the one-hundred-eighty-day period, the individual is deemed to	582
have elected to participate in the PERS defined benefit plan.	583

(B) An election under this section shall be made in writing	584
on a form provided by the system and filed with the system.	585

(C) An election under this section shall take effect on the	586
date employment began and, except as provided in section 145.814	587
of the Revised Code or rules governing the PERS defined benefit	588
plan, is irrevocable on receipt by the system.	589

(D) An individual is ineligible to make an election under	590
this section if one of the following applies:	591

(1) At the time employment begins, the individual is a PERS	592
retirant or other system retirant, as those terms are defined in	593
section 145.38 of the Revised Code, or is retired under section	594
145.383 of the Revised Code.	595

(2) The individual is participating or has elected to	596
participate in an alternative retirement plan under section	597
3305.05 or 3305.051 of the Revised Code and the employment is in a	598
position that is subject to division (C)(4) of section 3305.05 or	599
division (F) of section 3305.051 of the Revised Code.	600

(3) The individual is a contributor who, as of the last day	601
of the month prior to the date employment begins, has five or more	602
years of total service credit.	603

(4) The individual is employed in a position covered under	604
this chapter to which section 145.193 of the Revised Code applies.	605

(5) The individual is a PERS law enforcement officer or	606
~~Hamilton county municipal court bailiff~~PERS public safety	607
officer.	608

Sec. 145.191. (A) Except as provided in division (E) of this	609
section, a public employees retirement system member or	610
contributor who, as of the last day of the month immediately	611
preceding the date on which the public employees retirement board	612
first establishes a PERS defined contribution plan, has less than	613
five years of total service credit is eligible to make an election	614
under this section. A member or contributor who is employed in	615
more than one position subject to this chapter is eligible to make	616
only one election. The election applies to all positions subject	617
to this chapter.	618

Not later than one hundred eighty days after the day the	619
board first establishes a PERS defined contribution plan, an	620
eligible member or contributor may elect to participate in a PERS	621
defined contribution plan. If a form evidencing an election is not	622
received by the system not later than the last day of the	623
one-hundred-eighty-day period, a member or contributor to whom	624
this section applies is deemed to have elected to continue	625
participating in the PERS defined benefit plan.	626

(B) An election under this section shall be made in writing	627
on a form provided by the system and filed with the system.	628

(C) On receipt of an election under this section, the system	629
shall do both of the following:	630

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

631

(a) Any employer contributions attributable to the member for	632
the period beginning on the day the board first established a PERS	633
defined contribution plan;	634

(b) All accumulated contributions attributable to the member	635
or contributor.	636

(2) Cancel all service credit and eligibility for any	637
payment, benefit, or right under the PERS defined benefit plan.	638

(D) An election under this section is effective as of the	639
date the board first established a PERS defined contribution plan	640
and, except as provided in section 145.814 of the Revised Code or	641
rules governing the PERS defined benefit plan, is irrevocable on	642
receipt by the system.	643

(E) An election may not be made under this section by a	644
member or contributor who is either of the following:	645

(1) A PERS retirant who is a member under division (C) of	646
section 145.38 of the Revised Code;	647

(2) A PERS law enforcement officer or a ~~Hamilton county~~	648
~~municipal court bailiff~~PERS public safety officer.	649

Sec. 145.2914. (A) The public employees retirement board may	650
adopt rules in accordance with section 145.09 of the Revised Code	651
to establish a program under which service credit earned under	652
division (A) of section 145.33 of the Revised Code is treated as	653
service credit earned under divisions (B) to (G) of that section	654
if the member makes payment to the public employees retirement	655
system in accordance with the rules.	656

(B) If the board adopts rules under division (A) of this	657
section, all of the following apply:	658

(1) For each year or portion of a year of service credit	659
earned under division (A) of section 145.33 of the Revised Code	660
that is to be treated as service credit earned under divisions (B)	661
to (G) of that section, the member shall pay to the retirement	662
system an amount specified by the retirement board that is not	663
less than one hundred per cent of the additional liability	664
resulting from the purchase of that year, or portion of a year, of	665
service.	666

(2) The number of years of service credit earned under	667
division (A) of section 145.33 of the Revised Code that may be	668
treated as service credit earned under divisions (B) to (G) of	669
that section shall not exceed five.	670

(3) The member may make the payment authorized by this	671
section at any time prior to receipt of a retirement allowance.	672
The member may choose to purchase only part of the credit the	673
member is eligible to purchase in any one payment.	674

(4) Any amounts paid under this section shall be credited to	675
the employees' savings fund.	676

(5) The amounts paid by the member under this section are	677
subject to the limits established by division (n) of section 415	678
of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.	679
415(n), as amended.	680

(C) The board's rules may deal with any other matter	681
necessary to implement this section.	682

Sec. 145.33. (A) Except as provided in division (B) or (C)	683
of this section, a member with at least five years of total	684
service credit who has attained age sixty, or who has thirty years	685
of total Ohio service credit, may apply for age and service	686
retirement, which shall consist of:	687

(1) An annuity having a reserve equal to the amount of the	688
member's accumulated contributions at that time;	689

(2) A pension equal to the annuity provided by division	690
(A)(1) of this section;	691

(3) An additional pension, if the member can qualify for	692
prior service, equal to forty dollars multiplied by the number of	693
years, and fraction thereof, of such prior and military service	694
credit;	695

(4) A basic annual pension equal to one hundred eighty	696
dollars if the member has ten or more years of total service	697
credit as of October 1, 1956, except that the basic annual pension	698
shall not exceed the sum of the annual benefits provided by	699
divisions (A)(1), (2), and (3) of this section.	700

(5) When a member retires on age and service retirement, the	701
member's total annual single lifetime allowance, including the	702
allowances provided in divisions (A)(1), (2), (3), and (4) of this	703
section, shall be not less than a base amount adjusted in	704
accordance with division (A)(5) of this section and determined by	705
multiplying the member's total service credit by the greater of	706
the following:	707

(a) Eighty-six dollars;

708

(b) Two and two-tenths per cent of the member's final average	709
salary for each of the first thirty years of service plus two and	710
one-half per cent of the member's final average salary for each	711
subsequent year of service.	712

The allowance shall be adjusted by the factors of attained	713
age or years of service to provide the greater amount as	714
determined by the following schedule:	715

		Years of	Percentage	716
Attained	or	Total Service	of	717
Birthday		Credit	Base Amount	718

58	25	75	719
59	26	80	720
60	27	85	721
61		88	722
	28	90	723
62		91	724
63		94	725
	29	95	726
64		97	727
65	30 or more	100	728

Members shall vest the right to a benefit in accordance with	729
the following schedule, based on the member's attained age by	730
September 1, 1976:	731

	Percentage	732
Attained	of	733
Birthday	Base Amount	734
66	102	735
67	104	736
68	106	737
69	108	738
70 or more	110	739

(6) The total annual single lifetime allowance that a member	740
shall receive under division (A)(5) of this section shall not	741
exceed the lesser of one hundred per cent of the member's final	742
average salary or the limit established by section 415 of the	743
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,	744
as amended.	745

(B)(1) For the purposes of divisions (B) to (G) of this	746
section, "total service credit as a PERS law enforcement officer"	747
and "total service credit as a ~~Hamilton county municipal court~~	748
~~bailiff~~PERS public safety officer" include credit for military	749
service to the extent permitted by division (E)(2) of this section	750
and credit for service as a police officer or state highway patrol	751
trooper to the extent permitted by divisions (E)(3) and (4) of	752
this section.	753

(2) A member who meets the conditions in division (B)(2)(a),	754
(b), or (c)~~, or (d)~~ of this section may apply for an age and	755
service retirement benefit under this division:	756

(a) The member has attained age forty-eight and has at least	757
twenty-five years of total service credit as a PERS law	758
enforcement officer ~~whose primary duties were to preserve the~~	759
~~peace, protect life and property, and enforce the laws in the~~	760
~~member's jurisdiction~~;	761

(b) The member has attained age fifty-two, and has at least	762
twenty-five years of total service credit as a PERS ~~law~~	763
~~enforcement~~public safety officer~~, but the member's primary duties~~	764
~~were other than to preserve the peace, protect life and property,~~	765
~~and enforce the laws in the member's jurisdiction~~or has service	766
as a PERS public safety officer and service as a PERS law	767
enforcement officer that when combined equal at least twenty-five	768
years of total service credit;	769

(c) ~~The member has attained age fifty-two and has at least~~	770
~~twenty-five years of total service as a Hamilton county municipal~~	771
~~court bailiff;~~	772

~~(d)~~ The member has attained age sixty-two and has at least	773
fifteen years of total service credit as either of the following:	774

(i) A PERS law enforcement officer;

775

(ii) A ~~Hamilton county municipal court bailiff~~PERS public	776
safety officer.	777

(3) A benefit paid under division (B)(2) of this section	778
shall consist of an annual single lifetime allowance equal to the	779
sum of two and one-half per cent of the member's final average	780
salary multiplied by the first twenty-five years of the member's	781
total service plus two and one-tenth per cent of the member's	782
final average salary multiplied by the number of years of the	783
member's total service credit in excess of twenty-five years.	784

(4) A member with at least fifteen years of total service	785
credit as a PERS law enforcement officer or ~~Hamilton county~~	786
~~municipal court bailiff~~PERS public safety officer who voluntarily	787
resigns or is discharged for any reason except death, dishonesty,	788
cowardice, intemperate habits, or conviction of a felony may apply	789
for an age and service retirement benefit, which shall consist of	790
an annual single lifetime allowance equal to one and one-half per	791
cent of the member's final average salary multiplied by the number	792
of years of the member's total service credit. The allowance shall	793
commence on the first day of the calendar month following the	794
month in which the application is filed with the public employees	795
retirement board on or after the attainment by the applicant of	796
age fifty-two.	797

(C)(1) A member with at least twenty-five years of total	798
service credit who would be eligible to retire under division	799
(B)(2)(b) ~~or (c)~~ of this section had the member attained age	800
fifty-two and who voluntarily resigns or is discharged for any	801
reason except death, dishonesty, cowardice, intemperate habits, or	802
conviction of a felony, on or after the date of attaining	803
forty-eight years of age, but before the date of attaining	804
fifty-two years of age, may elect to receive a reduced benefit as	805
determined by the following schedule:	806

Attained Age

Reduced Benefit

807

48	75% of the benefit payable under	808
	division (B)(3) of this section	809
49	80% of the benefit payable under	810
	division (B)(3) of this section	811
50	86% of the benefit payable under	812
	division (B)(3) of this section	813
51	93% of the benefit payable under	814
	division (B)(3) of this section	815

(2) If a member elects to receive a reduced benefit after	816
attaining age forty-eight the reduced benefit is payable from the	817
later of the date of the member's most recent birthday or the date	818
the member becomes eligible to receive the reduced benefit.	819

(3) Once a member elects to receive a reduced benefit	820
determined by the schedule in division (C)(1) of this section and	821
has received a payment, the member may not reelect to change that	822
election.	823

(4) If a member who has resigned or been discharged has left	824
on deposit the member's accumulated contributions in the	825
employees' savings fund and has not elected to receive a reduced	826
benefit determined by the schedule in division (C)(1) of this	827
section, upon attaining fifty-two years of age, the member shall	828
be entitled to receive a benefit computed and paid under division	829
(B)(3) of this section.	830

(D) A benefit paid under division (B) or (C) of this section	831
shall not exceed the lesser of ninety per cent of the member's	832
final average salary or the limit established by section 415 of	833
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	834
415, as amended.	835

(E)(1) A member with service credit as a PERS law enforcement	836
officer or a ~~Hamilton county municipal court bailiff~~PERS public	837
safety officer and other service credit under this chapter may	838
elect one of the following:	839

(a) To have all the member's service credit under this	840
chapter, including credit for service as a PERS law enforcement	841
officer or ~~Hamilton county municipal court bailiff~~PERS public	842
safety officer, used in calculating a retirement allowance under	843
division (A) of this section if the member qualifies for an	844
allowance under that division;	845

(b) If the member qualifies for an allowance under division	846
(B)(2)(a) of this section, to have the member's service credit as	847
a PERS law enforcement officer used in calculating a benefit under	848
that division and the member's credit for all service other than	849
PERS law enforcement service used in calculating a benefit	850
consisting of a single life annuity having a reserve equal to the	851
amount of the member's accumulated contributions and an equal	852
amount of employer contributions.	853

(c) If the member qualifies for an allowance under division	854
(B)(2)(b) or (c), (B)(4), or (C) of this section, to have the	855
member's service credit as a PERS law enforcement officer or	856
~~Hamilton county municipal court bailiff~~PERS public safety officer	857
used in calculating a benefit under the appropriate division and	858
the member's credit for all service other than PERS law	859
enforcement service or service as a ~~Hamilton county municipal~~	860
~~court bailiff~~PERS public safety officer under this chapter used	861
in calculating a benefit consisting of a single life annuity	862
having a reserve equal to the amount of the member's accumulated	863
contributions and an equal amount of the employer's contributions.	864

(2) Notwithstanding sections 145.01 and 145.30 of the Revised	865
Code, no more than four years of military service credit granted	866
under section 145.30 of the Revised Code and five years of	867
military service credit purchased under section 145.301 or 145.302	868
of the Revised Code shall be used in calculating service as a PERS	869
law enforcement officer or ~~Hamilton county municipal court bailiff~~	870
PERS public safety officer or the total service credit of that	871
person.	872

(3) Only credit for the member's service as a PERS law	873
enforcement officer, PERS public safety officer, or service credit	874
obtained as a police officer or state highway patrol trooper shall	875
be used in computing the benefit of a member who qualifies for a	876
benefit under division (B)~~(2)(a), (b), or (d)(ii) or (4)~~ or	877
~~division~~ (C) of this section for the following:	878

(a) Any person who originally is commissioned and employed as	879
a deputy sheriff by the sheriff of any county, or who originally	880
is elected sheriff, on or after January 1, 1975;	881

(b) Any deputy sheriff who originally is employed as a	882
criminal bailiff or court constable on or after April 16, 1993;	883

(c) Any person who originally is appointed as a township	884
constable or police officer in a township police department or	885
district on or after January 1, 1981;	886

(d) Any person who originally is employed as a county	887
narcotics agent on or after September 26, 1984;	888

(e) Any person who originally is employed as an undercover	889
drug agent as defined in section 109.79 of the Revised Code,	890
department of public safety enforcement agent who prior to June	891
30, 1999, was a liquor control investigator, park officer, forest	892
officer, wildlife officer, state watercraft officer, park district	893
police officer, conservancy district officer, veterans' home	894
police officer, special police officer for a mental health	895
institution, special police officer for an institution for the	896
mentally retarded and developmentally disabled, or municipal	897
police officer on or after December 15, 1988;	898

(f) Any person who originally is employed as a state	899
university law enforcement officer on or after November 6, 1996;	900

(g) Any person who is originally employed as a state	901
university law enforcement officer by the university of Akron on	902
or after September 16, 1998;	903

(h) Any person who originally is employed as a preserve	904
officer on or after March 18, 1999;	905

(i) Any person who originally is employed as a natural	906
resources law enforcement staff officer on or after March 18,	907
1999;	908

(j) Any person who is originally employed as a department of	909
public safety enforcement agent on or after June 30, 1999;	910

(k) Any person who is originally employed as a house sergeant	911
at arms or assistant house sergeant at arms on or after September	912
5, 2001;	913

(l) Any person who is originally appointed as a regional	914
transit authority police officer or state highway patrol police	915
officer on or after February 1, 2002;	916

(m) Any person who is originally employed as a municipal	917
public safety director on or after ~~the effective date of this~~	918
~~amendment~~September 29, 2005.	919

(4) Only credit for a member's service as a ~~Hamilton county~~	920
~~municipal court bailiff~~PERS public safety officer or service	921
credit obtained as a PERS law enforcement officer, police officer,	922
or state highway patrol trooper shall be used in computing the	923
benefit of a member who qualifies for a benefit under division	924
(B)(2)(b) or (c) ~~or (d)~~(ii) or (4) or division (C) of this section	925
for any person who originally is employed as a Hamilton county	926
municipal court bailiff on or after November 6, 1996.	927

(F) Retirement allowances determined under this section shall	928
be paid as provided in section 145.46 of the Revised Code.	929

(G) For the purposes of this section, service prior to June	930
30, 1999, as a food stamp trafficking agent under former section	931
5502.14 of the Revised Code shall be considered service as a law	932
enforcement officer.	933

Sec. 145.35. (A) As used in this section, "on-duty illness	934
or injury" means an illness or injury that occurred during or	935
resulted from performance of duties under the direct supervision	936
of a member's appointing authority.	937

(B) The public employees retirement system shall provide	938
disability coverage to each member who has at least five years of	939
total service credit and disability coverage for on-duty illness	940
or injury to each member who is a PERS law enforcement officer or	941
~~Hamilton county municipal court bailiff~~PERS public safety	942
officer, regardless of length of service.	943

Not later than October 16, 1992, the public employees	944
retirement board shall give each person who is a member on July	945
29, 1992, the opportunity to elect disability coverage either	946
under section 145.36 of the Revised Code or under section 145.361	947
of the Revised Code. The board shall mail notice of the election,	948
accompanied by an explanation of the coverage under each of the	949
Revised Code sections and a form on which the election is to be	950
made, to each member at the member's last known address. The board	951
shall also provide the explanation and form to any member on	952
request.	953

Regardless of whether the member actually receives notice of	954
the right to make an election, a member who fails to file a valid	955
election under this section shall be considered to have elected	956
disability coverage under section 145.36 of the Revised Code. To	957
be valid, an election must be made on the form provided by the	958
retirement board, signed by the member, and filed with the board	959
not later than one hundred eighty days after the date the notice	960
was mailed, or, in the case of a form provided at the request of a	961
member, a date specified by rule of the retirement board. Once	962
made, an election is irrevocable, but if the member ceases to be a	963
member of the retirement system, the election is void. If a person	964
who makes an election under this section also makes an election	965
under section 3307.62 or 3309.39 of the Revised Code, the election	966
made for the system that pays a disability benefit to that person	967
shall govern the benefit.	968

Disability coverage shall be provided under section 145.361	969
of the Revised Code for persons who become members after July 29,	970
1992, and for members who elect under this division to be covered	971
under section 145.361 of the Revised Code.	972

The retirement board may adopt rules governing elections made	973
under this division.	974

(C) Application for a disability benefit may be made by a	975
member, by a person acting in the member's behalf, or by the	976
member's employer, provided the member has disability coverage	977
under section 145.36 or 145.361 of the Revised Code and is not	978
receiving a disability benefit under any other Ohio state or	979
municipal retirement program. Application must be made within two	980
years from the date the member's contributing service terminated	981
or the date the member ceased to make contributions to the PERS	982
defined benefit plan under section 145.814 of the Revised Code,	983
unless the retirement board determines that the member's medical	984
records demonstrate conclusively that at the time the two-year	985
period expired, the member was physically or mentally	986
incapacitated for duty and unable to make an application.	987
Application may not be made by or for any person receiving age and	988
service retirement benefits under section 145.33, 145.331, 145.34,	989
or 145.37 of the Revised Code or any person who, pursuant to	990
section 145.40 of the Revised Code, has been paid the accumulated	991
contributions standing to the credit of the person's individual	992
account in the employees' savings fund. The application shall be	993
made on a form provided by the retirement board.	994

(D) The benefit payable to any member who is approved for a	995
disability benefit shall become effective on the first day of the	996
month immediately following the later of the following:	997

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

998

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

999

(E) Medical examination of a member who has applied for a	1000
disability benefit shall be conducted by a competent disinterested	1001
physician or physicians selected by the board to determine whether	1002
the member is mentally or physically incapacitated for the	1003
performance of duty by a disabling condition either permanent or	1004
presumed to be permanent. The disability must have occurred since	1005
last becoming a member or have increased since last becoming a	1006
member to such extent as to make the disability permanent or	1007
presumed to be permanent. A disability is presumed to be permanent	1008
if it is expected to last for a continuous period of not less than	1009
twelve months following the filing of the application.	1010

If the physician or physicians determine that the member	1011
qualifies for a disability benefit, the board concurs with the	1012
determination, and the member agrees to medical treatment as	1013
specified in division (F) of this section, the member shall	1014
receive a disability benefit under section 145.36 or 145.361 of	1015
the Revised Code. The action of the board shall be final.	1016

(F) The public employees retirement board shall adopt rules	1017
requiring a disability benefit recipient, as a condition of	1018
continuing to receive a disability benefit, to agree in writing to	1019
obtain any medical treatment recommended by the board's physician	1020
and submit medical reports regarding the treatment. If the board	1021
determines that a disability benefit recipient is not obtaining	1022
the medical treatment or the board does not receive a required	1023
medical report, the disability benefit shall be suspended until	1024
the treatment is obtained, the report is received by the board, or	1025
the board's physician certifies that the treatment is no longer	1026
helpful or advisable. Should the recipient's failure to obtain	1027
treatment or submit a medical report continue for one year, the	1028
recipient's right to the disability benefit shall be terminated as	1029
of the effective date of the original suspension.	1030

(G) In the event an employer files an application for a	1031
disability benefit as a result of a member having been separated	1032
from service because the member is considered to be mentally or	1033
physically incapacitated for the performance of the member's	1034
present duty, and the physician or physicians selected by the	1035
board reports to the board that the member is physically and	1036
mentally capable of performing service similar to that from which	1037
the member was separated and the board concurs in the report, the	1038
board shall so certify to the employer and the employer shall	1039
restore the member to the member's previous position and salary or	1040
to a similar position and salary.	1041

Sec. 145.49. (A) Notwithstanding section 145.47 of the	1042
Revised Code:	1043

(1) The public employees retirement system shall be	1044
authorized to calculate the employee contribution rates separately	1045
for those public employees contributing toward benefits as PERS	1046
public safety officers under ~~division (B)(2)(b), (c), or (d) of~~	1047
section 145.33 of the Revised Code.	1048

(2) Each public employee contributing toward benefits as	1049
PERS law enforcement officers under ~~division (B)(2)(a) of~~ section	1050
145.33 of the Revised Code shall contribute to the employees'	1051
savings fund ~~ten and one-tenth~~the rate determined under division	1052
(A)(1) of this section plus an additional percentage specified by	1053
the public employees retirement board, which shall initially be	1054
one per cent of the employee's earnable salary and shall not be	1055
increased to more than two per cent of the employee's earnable	1056
salary.	1057

(B) Notwithstanding section 145.48 of the Revised Code, the	1058
public employees retirement system shall be authorized to	1059
calculate the employer contribution rates separately for those	1060
public employees contributing toward benefits as PERS public	1061
safety officers under ~~division (B)(2)(a) of~~ section 145.33 of the	1062
Revised Code or as PERS law enforcement officers under ~~division~~	1063
~~(B)(2)(b), (c), or (d) of~~ that section, except that the employer	1064
contribution rate shall not exceed eighteen and one-tenth per cent	1065
of the earnable salaries of those employees.	1066

Section 2. That existing sections 145.01, 145.19, 145.191,	1067
145.33, 145.35, and 145.49 of the Revised Code are hereby	1068
repealed.	1069