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To amend section 145.01 and to enact section 145.016 | 1 |
of the Revised Code to exclude certain | 2 |
compensation when determining retirement benefits | 3 |
under the Public Employees Retirement System. | 4 |
Section 1. That section 145.01 be amended and section 145.016 | 5 |
of the Revised Code be enacted to read as follows: | 6 |
Sec. 145.01. As used in this chapter: | 7 |
(A) "Public employee" means: | 8 |
(1) Any person holding an office, not elective, under the | 9 |
state or any county, township, municipal corporation, park | 10 |
district, conservancy district, sanitary district, health | 11 |
district, metropolitan housing authority, state retirement board, | 12 |
Ohio historical society, public library, county law library, union | 13 |
cemetery, joint hospital, institutional commissary, state | 14 |
university, or board, bureau, commission, council, committee, | 15 |
authority, or administrative body as the same are, or have been, | 16 |
created by action of the general assembly or by the legislative | 17 |
authority of any of the units of local government named in | 18 |
division (A)(1) of this section, or employed and paid in whole or | 19 |
in part by the state or any of the authorities named in division | 20 |
(A)(1) of this section in any capacity not covered by section | 21 |
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. | 22 |
(2) A person who is a member of the public employees | 23 |
retirement system and who continues to perform the same or similar | 24 |
duties under the direction of a contractor who has contracted to | 25 |
take over what before the date of the contract was a publicly | 26 |
operated function. The governmental unit with which the contract | 27 |
has been made shall be deemed the employer for the purposes of | 28 |
administering this chapter. | 29 |
(3) Any person who is an employee of a public employer, | 30 |
notwithstanding that the person's compensation for that employment | 31 |
is derived from funds of a person or entity other than the | 32 |
employer. Credit for such service shall be included as total | 33 |
service credit, provided that the employee makes the payments | 34 |
required by this chapter, and the employer makes the payments | 35 |
required by sections 145.48 and 145.51 of the Revised Code. | 36 |
(4) A person who elects in accordance with section 145.015 of | 37 |
the Revised Code to remain a contributing member of the public | 38 |
employees retirement system. | 39 |
In all cases of doubt, the public employees retirement board | 40 |
shall determine whether any person is a public employee, and its | 41 |
decision is final. | 42 |
(B) "Member" means any public employee, other than a public | 43 |
employee excluded or exempted from membership in the retirement | 44 |
system by section 145.03, 145.031, 145.032, 145.033, 145.034, | 45 |
145.035, or 145.38 of the Revised Code. "Member" includes a PERS | 46 |
retirant who becomes a member under division (C) of section 145.38 | 47 |
of the Revised Code. "Member" also includes a disability benefit | 48 |
recipient. | 49 |
(C) "Head of the department" means the elective or appointive | 50 |
head of the several executive, judicial, and administrative | 51 |
departments, institutions, boards, and commissions of the state | 52 |
and local government as the same are created and defined by the | 53 |
laws of this state or, in case of a charter government, by that | 54 |
charter. | 55 |
(D) "Employer" or "public employer" means the state or any | 56 |
county, township, municipal corporation, park district, | 57 |
conservancy district, sanitary district, health district, | 58 |
metropolitan housing authority, state retirement board, Ohio | 59 |
historical society, public library, county law library, union | 60 |
cemetery, joint hospital, institutional commissary, state medical | 61 |
college, state university, or board, bureau, commission, council, | 62 |
committee, authority, or administrative body as the same are, or | 63 |
have been, created by action of the general assembly or by the | 64 |
legislative authority of any of the units of local government | 65 |
named in this division not covered by section 742.01, 3307.01, | 66 |
3309.01, or 5505.01 of the Revised Code. In addition, "employer" | 67 |
means the employer of any public employee. | 68 |
(E) "Prior service" means all service as a public employee | 69 |
rendered before January 1, 1935, and all service as an employee of | 70 |
any employer who comes within the state teachers retirement system | 71 |
or of the school employees retirement system or of any other | 72 |
retirement system established under the laws of this state | 73 |
rendered prior to January 1, 1935, provided that if the employee | 74 |
claiming the service was employed in any capacity covered by that | 75 |
other system after that other system was established, credit for | 76 |
the service may be allowed by the public employees retirement | 77 |
system only when the employee has made payment, to be computed on | 78 |
the salary earned from the date of appointment to the date | 79 |
membership was established in the public employees retirement | 80 |
system, at the rate in effect at the time of payment, and the | 81 |
employer has made payment of the corresponding full liability as | 82 |
provided by section 145.44 of the Revised Code. "Prior service" | 83 |
also means all service credited for active duty with the armed | 84 |
forces of the United States as provided in section 145.30 of the | 85 |
Revised Code. | 86 |
If an employee who has been granted prior service credit by | 87 |
the public employees retirement system for service rendered prior | 88 |
to January 1, 1935, as an employee of a board of education | 89 |
establishes, before retirement, one year or more of contributing | 90 |
service in the state teachers retirement system or school | 91 |
employees retirement system, then the prior service ceases to be | 92 |
the liability of this system. | 93 |
If the board determines that a position of any member in any | 94 |
calendar year prior to January 1, 1935, was a part-time position, | 95 |
the board shall determine what fractional part of a year's credit | 96 |
shall be allowed by the following formula: | 97 |
(1) When the member has been either elected or appointed to | 98 |
an office the term of which was two or more years and for which an | 99 |
annual salary is established, the fractional part of the year's | 100 |
credit shall be computed as follows: | 101 |
First, when the member's annual salary is one thousand | 102 |
dollars or less, the service credit for each such calendar year | 103 |
shall be forty per cent of a year. | 104 |
Second, for each full one hundred dollars of annual salary | 105 |
above one thousand dollars, the member's service credit for each | 106 |
such calendar year shall be increased by two and one-half per | 107 |
cent. | 108 |
(2) When the member is paid on a per diem basis, the service | 109 |
credit for any single year of the service shall be determined by | 110 |
using the number of days of service for which the compensation was | 111 |
received in any such year as a numerator and using two hundred | 112 |
fifty days as a denominator. | 113 |
(3) When the member is paid on an hourly basis, the service | 114 |
credit for any single year of the service shall be determined by | 115 |
using the number of hours of service for which the compensation | 116 |
was received in any such year as a numerator and using two | 117 |
thousand hours as a denominator. | 118 |
(F) "Contributor" means any person who has an account in the | 119 |
employees' savings fund created by section 145.23 of the Revised | 120 |
Code. When used in the sections listed in division (B) of section | 121 |
145.82 of the Revised Code, "contributor" includes any person | 122 |
participating in a PERS defined contribution plan. | 123 |
(G) "Beneficiary" or "beneficiaries" means the estate or a | 124 |
person or persons who, as the result of the death of a member, | 125 |
contributor, or retirant, qualify for or are receiving some right | 126 |
or benefit under this chapter. | 127 |
(H)(1) "Total service credit," except as provided in section | 128 |
145.37 of the Revised Code, means all service credited to a member | 129 |
of the retirement system since last becoming a member, including | 130 |
restored service credit as provided by section 145.31 of the | 131 |
Revised Code; credit purchased under sections 145.293 and 145.299 | 132 |
of the Revised Code; all the member's prior service credit; all | 133 |
the member's military service credit computed as provided in this | 134 |
chapter; all service credit established pursuant to section | 135 |
145.297 of the Revised Code; and any other service credited under | 136 |
this chapter. In addition, "total service credit" includes any | 137 |
period, not in excess of three years, during which a member was | 138 |
out of service and receiving benefits under Chapters 4121. and | 139 |
4123. of the Revised Code. For the exclusive purpose of satisfying | 140 |
the service credit requirement and of determining eligibility for | 141 |
benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36, | 142 |
and 145.361 of the Revised Code, "five or more years of total | 143 |
service credit" means sixty or more calendar months of | 144 |
contributing service in this system. | 145 |
(2) "One and one-half years of contributing service credit," | 146 |
as used in division (B) of section 145.45 of the Revised Code, | 147 |
also means eighteen or more calendar months of employment by a | 148 |
municipal corporation that formerly operated its own retirement | 149 |
plan for its employees or a part of its employees, provided that | 150 |
all employees of that municipal retirement plan who have eighteen | 151 |
or more months of such employment, upon establishing membership in | 152 |
the public employees retirement system, shall make a payment of | 153 |
the contributions they would have paid had they been members of | 154 |
this system for the eighteen months of employment preceding the | 155 |
date membership was established. When that payment has been made | 156 |
by all such employee members, a corresponding payment shall be | 157 |
paid into the employers' accumulation fund by that municipal | 158 |
corporation as the employer of the employees. | 159 |
(3) Where a member also is a member of the state teachers | 160 |
retirement system or the school employees retirement system, or | 161 |
both, except in cases of retirement on a combined basis pursuant | 162 |
to section 145.37 of the Revised Code or as provided in section | 163 |
145.383 of the Revised Code, service credit for any period shall | 164 |
be credited on the basis of the ratio that contributions to the | 165 |
public employees retirement system bear to total contributions in | 166 |
all state retirement systems. | 167 |
(4) Not more than one year of credit may be given for any | 168 |
period of twelve months. | 169 |
(5) "Ohio service credit" means credit for service that was | 170 |
rendered to the state or any of its political subdivisions or any | 171 |
employer. | 172 |
(I) "Regular interest" means interest at any rates for the | 173 |
respective funds and accounts as the public employees retirement | 174 |
board may determine from time to time. | 175 |
(J) "Accumulated contributions" means the sum of all amounts | 176 |
credited to a contributor's individual account in the employees' | 177 |
savings fund together with any interest credited to the | 178 |
contributor's account under section 145.471 or 145.472 of the | 179 |
Revised Code. | 180 |
(K)(1) "Final average salary" means the quotient obtained by | 181 |
dividing by three the sum of the three full calendar years of | 182 |
contributing service in which the member's earnable salary, with | 183 |
any adjustment required by section 145.016 of the Revised Code, | 184 |
was 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, | 199 |
with any adjustment required by section 145.016 of the Revised | 200 |
Code, on which contributions were made divided by the total number | 201 |
of years during which contributions were made, including any | 202 |
fraction of a year. If contributions were made for less than | 203 |
twelve months, "final average salary" means the member's total | 204 |
earnable salary. | 205 |
(L) "Annuity" means payments for life derived from | 206 |
contributions made by a contributor and paid from the annuity and | 207 |
pension reserve fund as provided in this chapter. All annuities | 208 |
shall be paid in twelve equal monthly installments. | 209 |
(M) "Annuity reserve" means the present value, computed upon | 210 |
the basis of the mortality and other tables adopted by the board, | 211 |
of all payments to be made on account of any annuity, or benefit | 212 |
in lieu of any annuity, granted to a retirant as provided in this | 213 |
chapter. | 214 |
(N)(1) "Disability retirement" means retirement as provided | 215 |
in section 145.36 of the Revised Code. | 216 |
(2) "Disability allowance" means an allowance paid on account | 217 |
of disability under section 145.361 of the Revised Code. | 218 |
(3) "Disability benefit" means a benefit paid as disability | 219 |
retirement under section 145.36 of the Revised Code, as a | 220 |
disability allowance under section 145.361 of the Revised Code, or | 221 |
as a disability benefit under section 145.37 of the Revised Code. | 222 |
(4) "Disability benefit recipient" means a member who is | 223 |
receiving a disability benefit. | 224 |
(O) "Age and service retirement" means retirement as provided | 225 |
in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of | 226 |
the Revised Code. | 227 |
(P) "Pensions" means annual payments for life derived from | 228 |
contributions made by the employer that at the time of retirement | 229 |
are credited into the annuity and pension reserve fund from the | 230 |
employers' accumulation fund and paid from the annuity and pension | 231 |
reserve fund as provided in this chapter. All pensions shall be | 232 |
paid in twelve equal monthly installments. | 233 |
(Q) "Retirement allowance" means the pension plus that | 234 |
portion of the benefit derived from contributions made by the | 235 |
member. | 236 |
(R)(1) Except as | 237 |
this section, "earnable salary" means all salary, wages, and other | 238 |
earnings paid to a contributor by reason of employment in a | 239 |
position covered by the retirement system. The salary, wages, and | 240 |
other earnings shall be determined prior to determination of the | 241 |
amount required to be contributed to the employees' savings fund | 242 |
under section 145.47 of the Revised Code and without regard to | 243 |
whether any of the salary, wages, or other earnings are treated as | 244 |
deferred income for federal income tax purposes. "Earnable salary" | 245 |
includes the following: | 246 |
(a) Payments made by the employer in lieu of salary, wages, | 247 |
or other earnings for sick leave, personal leave, or vacation used | 248 |
by the contributor; | 249 |
(b) Payments made by the employer for the conversion of sick | 250 |
leave, personal leave, and vacation leave accrued, but not used if | 251 |
the payment is made during the year in which the leave is accrued, | 252 |
except that payments made pursuant to section 124.383 or 124.386 | 253 |
of the Revised Code are not earnable salary; | 254 |
(c) Allowances paid by the employer for full maintenance, | 255 |
consisting of housing, laundry, and meals, as certified to the | 256 |
retirement board by the employer or the head of the department | 257 |
that employs the contributor; | 258 |
(d) Fees and commissions paid under section 507.09 of the | 259 |
Revised Code; | 260 |
(e) Payments that are made under a disability leave program | 261 |
sponsored by the employer and for which the employer is required | 262 |
by section 145.296 of the Revised Code to make periodic employer | 263 |
and employee contributions; | 264 |
(f) Amounts included pursuant to divisions (K)(3) and (Y) of | 265 |
this section. | 266 |
(2) "Earnable salary" does not include any of the following: | 267 |
(a) Fees and commissions, other than those paid under section | 268 |
507.09 of the Revised Code, paid as sole compensation for personal | 269 |
services and fees and commissions for special services over and | 270 |
above services for which the contributor receives a salary; | 271 |
(b) Amounts paid by the employer to provide life insurance, | 272 |
sickness, accident, endowment, health, medical, hospital, dental, | 273 |
or surgical coverage, or other insurance for the contributor or | 274 |
the contributor's family, or amounts paid by the employer to the | 275 |
contributor in lieu of providing the insurance; | 276 |
(c) Incidental benefits, including lodging, food, laundry, | 277 |
parking, or services furnished by the employer, or use of the | 278 |
employer's property or equipment, or amounts paid by the employer | 279 |
to the contributor in lieu of providing the incidental benefits; | 280 |
(d) Reimbursement for job-related expenses authorized by the | 281 |
employer, including moving and travel expenses and expenses | 282 |
related to professional development; | 283 |
(e) Payments for accrued but unused sick leave, personal | 284 |
leave, or vacation that are made at any time other than in the | 285 |
year in which the sick leave, personal leave, or vacation was | 286 |
accrued; | 287 |
(f) Payments made to or on behalf of a contributor that are | 288 |
in excess of the annual compensation that may be taken into | 289 |
account by the retirement system under division (a)(17) of section | 290 |
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 | 291 |
U.S.C.A. 401(a)(17), as amended; | 292 |
(g) Payments made to or on behalf of a contributor that are | 293 |
in excess of the amount determined for that year under division | 294 |
(A)(1)(4) of section 141.011 of the Revised Code as the annual | 295 |
salary of the governor; | 296 |
(h) Payments made under division (B), (C), or (E) of section | 297 |
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill | 298 |
No. 3 of the 119th general assembly, Section 3 of Amended | 299 |
Substitute Senate Bill No. 164 of the 124th general assembly, or | 300 |
Amended Substitute House Bill No. 405 of the 124th general | 301 |
assembly; | 302 |
| 303 |
based on or attributable to retirement or an agreement to retire, | 304 |
except that payments made on or before January 1, 1989, that are | 305 |
based on or attributable to an agreement to retire shall be | 306 |
included in earnable salary if both of the following apply: | 307 |
(i) The payments are made in accordance with contract | 308 |
provisions that were in effect prior to January 1, 1986; | 309 |
(ii) The employer pays the retirement system an amount | 310 |
specified by the retirement board equal to the additional | 311 |
liability resulting from the payments. | 312 |
(3) The retirement board shall determine by rule whether any | 313 |
compensation not enumerated in division (R) of this section is | 314 |
earnable salary, and its decision shall be final. | 315 |
(S) "Pension reserve" means the present value, computed upon | 316 |
the basis of the mortality and other tables adopted by the board, | 317 |
of all payments to be made on account of any retirement allowance | 318 |
or benefit in lieu of any retirement allowance, granted to a | 319 |
member or beneficiary under this chapter. | 320 |
(T)(1) "Contributing service" means all service credited to a | 321 |
member of the system since January 1, 1935, for which | 322 |
contributions are made as required by sections 145.47, 145.48, and | 323 |
145.483 of the Revised Code. In any year subsequent to 1934, | 324 |
credit for any service shall be allowed by the following formula: | 325 |
(a) For each month for which the member's earnable salary is | 326 |
two hundred fifty dollars or more, allow one month's credit. | 327 |
(b) For each month for which the member's earnable salary is | 328 |
less than two hundred fifty dollars, allow a fraction of a month's | 329 |
credit. The numerator of this fraction shall be the earnable | 330 |
salary during the month, and the denominator shall be two hundred | 331 |
fifty dollars, except that if the member's annual earnable salary | 332 |
is less than six hundred dollars, the member's credit shall not be | 333 |
reduced below twenty per cent of a year for a calendar year of | 334 |
employment during which the member worked each month. Division | 335 |
(T)(1)(b) of this section shall not reduce any credit earned | 336 |
before January 1, 1985. | 337 |
(2) Notwithstanding division (T)(1) of this section, an | 338 |
elected official who prior to January 1, 1980, was granted a full | 339 |
year of credit for each year of service as an elected official | 340 |
shall be considered to have earned a full year of credit for each | 341 |
year of service regardless of whether the service was full-time or | 342 |
part-time. The public employees retirement board has no authority | 343 |
to reduce the credit. | 344 |
(U) "State retirement board" means the public employees | 345 |
retirement board, the school employees retirement board, or the | 346 |
state teachers retirement board. | 347 |
(V) "Retirant" means any former member who retires and is | 348 |
receiving a monthly allowance as provided in sections 145.32, | 349 |
145.33, 145.331, 145.34, and 145.46 of the Revised Code. | 350 |
(W) "Employer contribution" means the amount paid by an | 351 |
employer as determined under section 145.48 of the Revised Code. | 352 |
(X) "Public service terminates" means the last day for which | 353 |
a public employee is compensated for services performed for an | 354 |
employer or the date of the employee's death, whichever occurs | 355 |
first. | 356 |
(Y) When a member has been elected or appointed to an office, | 357 |
the term of which is two or more years, for which an annual salary | 358 |
is established, and in the event that the salary of the office is | 359 |
increased and the member is denied the additional salary by reason | 360 |
of any constitutional provision prohibiting an increase in salary | 361 |
during a term of office, the member may elect to have the amount | 362 |
of the member's contributions calculated upon the basis of the | 363 |
increased salary for the office. At the member's request, the | 364 |
board shall compute the total additional amount the member would | 365 |
have contributed, or the amount by which each of the member's | 366 |
contributions would have increased, had the member received the | 367 |
increased salary for the office the member holds. If the member | 368 |
elects to have the amount by which the member's contribution would | 369 |
have increased withheld from the member's salary, the member shall | 370 |
notify the employer, and the employer shall make the withholding | 371 |
and transmit it to the retirement system. A member who has not | 372 |
elected to have that amount withheld may elect at any time to make | 373 |
a payment to the retirement system equal to the additional amount | 374 |
the member's contribution would have increased, plus interest on | 375 |
that contribution, compounded annually at a rate established by | 376 |
the board and computed from the date on which the last | 377 |
contribution would have been withheld from the member's salary to | 378 |
the date of payment. A member may make a payment for part of the | 379 |
period for which the increased contribution was not withheld, in | 380 |
which case the interest shall be computed from the date the last | 381 |
contribution would have been withheld for the period for which the | 382 |
payment is made. Upon the payment of the increased contributions | 383 |
as provided in this division, the increased annual salary as | 384 |
provided by law for the office for the period for which the member | 385 |
paid increased contributions thereon shall be used in determining | 386 |
the member's earnable salary for the purpose of computing the | 387 |
member's final average salary. | 388 |
(Z) "Five years of service credit," for the exclusive purpose | 389 |
of satisfying the service credit requirements and of determining | 390 |
eligibility for benefits under section 145.33 of the Revised Code, | 391 |
means employment covered under this chapter or under a former | 392 |
retirement plan operated, recognized, or endorsed by the employer | 393 |
prior to coverage under this chapter or under a combination of the | 394 |
coverage. | 395 |
(AA) "Deputy sheriff" means any person who is commissioned | 396 |
and employed as a full-time peace officer by the sheriff of any | 397 |
county, and has been so employed since on or before December 31, | 398 |
1965; any person who is or has been commissioned and employed as a | 399 |
peace officer by the sheriff of any county since January 1, 1966, | 400 |
and who has received a certificate attesting to the person's | 401 |
satisfactory completion of the peace officer training school as | 402 |
required by section 109.77 of the Revised Code; or any person | 403 |
deputized by the sheriff of any county and employed pursuant to | 404 |
section 2301.12 of the Revised Code as a criminal bailiff or court | 405 |
constable who has received a certificate attesting to the person's | 406 |
satisfactory completion of the peace officer training school as | 407 |
required by section 109.77 of the Revised Code. | 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. | 415 |
(CC) "Drug agent" means any person who is either of the | 416 |
following: | 417 |
(1) Employed full time as a narcotics agent by a county | 418 |
narcotics agency created pursuant to section 307.15 of the | 419 |
Revised Code and has received a certificate attesting to the | 420 |
satisfactory completion of the peace officer training school as | 421 |
required by section 109.77 of the Revised Code; | 422 |
(2) Employed full time as an undercover drug agent as | 423 |
defined in section 109.79 of the Revised Code and is in | 424 |
compliance with section 109.77 of the Revised Code. | 425 |
(DD) "Department of public safety enforcement agent" means a | 426 |
full-time employee of the department of public safety who is | 427 |
designated under section 5502.14 of the Revised Code as an | 428 |
enforcement agent and who is in compliance with section 109.77 of | 429 |
the Revised Code. | 430 |
(EE) "Natural resources law enforcement staff officer" means | 431 |
a full-time employee of the department of natural resources who is | 432 |
designated a natural resources law enforcement staff officer under | 433 |
section 1501.013 of the Revised Code and is in compliance with | 434 |
section 109.77 of the Revised Code. | 435 |
(FF) "Park officer" means a full-time employee of the | 436 |
department of natural resources who is designated a park officer | 437 |
under section 1541.10 of the Revised Code and is in compliance | 438 |
with section 109.77 of the Revised Code. | 439 |
(GG) "Forest officer" means a full-time employee of the | 440 |
department of natural resources who is designated a forest officer | 441 |
under section 1503.29 of the Revised Code and is in compliance | 442 |
with section 109.77 of the Revised Code. | 443 |
(HH) "Preserve officer" means a full-time employee of the | 444 |
department of natural resources who is designated a preserve | 445 |
officer under section 1517.10 of the Revised Code and is in | 446 |
compliance with section 109.77 of the Revised Code. | 447 |
(II) "Wildlife officer" means a full-time employee of the | 448 |
department of natural resources who is designated a wildlife | 449 |
officer under section 1531.13 of the Revised Code and is in | 450 |
compliance with section 109.77 of the Revised Code. | 451 |
(JJ) "State watercraft officer" means a full-time employee of | 452 |
the department of natural resources who is designated a state | 453 |
watercraft officer under section 1547.521 of the Revised Code and | 454 |
is in compliance with section 109.77 of the Revised Code. | 455 |
(KK) "Park district police officer" means a full-time | 456 |
employee of a park district who is designated pursuant to section | 457 |
511.232 or 1545.13 of the Revised Code and is in compliance with | 458 |
section 109.77 of the Revised Code. | 459 |
(LL) "Conservancy district officer" means a full-time | 460 |
employee of a conservancy district who is designated pursuant to | 461 |
section 6101.75 of the Revised Code and is in compliance with | 462 |
section 109.77 of the Revised Code. | 463 |
(MM) "Municipal police officer" means a member of the | 464 |
organized police department of a municipal corporation who is | 465 |
employed full time, is in compliance with section 109.77 of the | 466 |
Revised Code, and is not a member of the Ohio police and fire | 467 |
pension fund. | 468 |
(NN) "Veterans' home police officer" means any person who is | 469 |
employed at a veterans' home as a police officer pursuant to | 470 |
section 5907.02 of the Revised Code and is in compliance with | 471 |
section 109.77 of the Revised Code. | 472 |
(OO) "Special police officer for a mental health institution" | 473 |
means any person who is designated as such pursuant to section | 474 |
5119.14 of the Revised Code and is in compliance with section | 475 |
109.77 of the Revised Code. | 476 |
(PP) "Special police officer for an institution for the | 477 |
mentally retarded and developmentally disabled" means any person | 478 |
who is designated as such pursuant to section 5123.13 of the | 479 |
Revised Code and is in compliance with section 109.77 of the | 480 |
Revised Code. | 481 |
(QQ) "State university law enforcement officer" means any | 482 |
person who is employed full time as a state university law | 483 |
enforcement officer pursuant to section 3345.04 of the Revised | 484 |
Code and who is in compliance with section 109.77 of the Revised | 485 |
Code. | 486 |
(RR) "House sergeant at arms" means any person appointed by | 487 |
the speaker of the house of representatives under division (B)(1) | 488 |
of section 101.311 of the Revised Code who has arrest authority | 489 |
under division (E)(1) of that section. | 490 |
(SS) "Assistant house sergeant at arms" means any person | 491 |
appointed by the house sergeant at arms under division (C)(1) of | 492 |
section 101.311 of the Revised Code. | 493 |
(TT) "Regional transit authority police officer" means a | 494 |
person who is employed full time as a regional transit authority | 495 |
police officer under division (Y) of section 306.35 of the Revised | 496 |
Code and is in compliance with section 109.77 of the Revised Code. | 497 |
(UU) "State highway patrol police officer" means a special | 498 |
police officer employed full time and designated by the | 499 |
superintendent of the state highway patrol pursuant to section | 500 |
5503.09 of the Revised Code or a person serving full time as a | 501 |
special police officer pursuant to that section on a permanent | 502 |
basis on October 21, 1997, who is in compliance with section | 503 |
109.77 of the Revised Code. | 504 |
(VV) "Municipal public safety director" means a person who | 505 |
serves full time as the public safety director of a municipal | 506 |
corporation with the duty of directing the activities of the | 507 |
municipal corporation's police department and fire department. | 508 |
(WW) Notwithstanding section 2901.01 of the Revised Code, | 509 |
"PERS law enforcement officer" means a sheriff or any of the | 510 |
following whose primary duties are to preserve the peace, protect | 511 |
life and property, and enforce the laws of this state: a deputy | 512 |
sheriff, township constable or police officer in a township police | 513 |
department or district, drug agent, department of public safety | 514 |
enforcement agent, natural resources law enforcement staff | 515 |
officer, park officer, forest officer, preserve officer, wildlife | 516 |
officer, state watercraft officer, park district police officer, | 517 |
conservancy district officer, veterans' home police officer, | 518 |
special police officer for a mental health institution, special | 519 |
police officer for an institution for the mentally retarded and | 520 |
developmentally disabled, state university law enforcement | 521 |
officer, municipal police officer, house sergeant at arms, | 522 |
assistant house sergeant at arms, regional transit authority | 523 |
police officer, or state highway patrol police officer. PERS law | 524 |
enforcement officer also includes a person serving as a municipal | 525 |
public safety director at any time during the period from | 526 |
September 29, 2005, to | 527 |
24, 2009, if the duties of that service were to preserve the | 528 |
peace, protect life and property, and enforce the laws of this | 529 |
state. | 530 |
(XX) "Hamilton county municipal court bailiff" means a person | 531 |
appointed by the clerk of courts of the Hamilton county municipal | 532 |
court under division (A)(3) of section 1901.32 of the Revised Code | 533 |
who is employed full time as a bailiff or deputy bailiff, who has | 534 |
received a certificate attesting to the person's satisfactory | 535 |
completion of the peace officer basic training described in | 536 |
division (D)(1) of section 109.77 of the Revised Code. | 537 |
(YY) "PERS public safety officer" means a Hamilton county | 538 |
municipal court bailiff, or any of the following whose primary | 539 |
duties are other than to preserve the peace, protect life and | 540 |
property, and enforce the laws of this state: a deputy sheriff, | 541 |
township constable or police officer in a township police | 542 |
department or district, drug agent, department of public safety | 543 |
enforcement agent, natural resources law enforcement staff | 544 |
officer, park officer, forest officer, preserve officer, wildlife | 545 |
officer, state watercraft officer, park district police officer, | 546 |
conservancy district officer, veterans' home police officer, | 547 |
special police officer for a mental health institution, special | 548 |
police officer for an institution for the mentally retarded and | 549 |
developmentally disabled, state university law enforcement | 550 |
officer, municipal police officer, house sergeant at arms, | 551 |
assistant house sergeant at arms, regional transit authority | 552 |
police officer, or state highway patrol police officer. PERS | 553 |
public safety officer also includes a person serving as a | 554 |
municipal public safety director at any time during the period | 555 |
from September 29, 2005, to | 556 |
March 24, 2009, if the duties of that service were other than to | 557 |
preserve the peace, protect life and property, and enforce the | 558 |
laws of this state. | 559 |
(ZZ) "Fiduciary" means a person who does any of the | 560 |
following: | 561 |
(1) Exercises any discretionary authority or control with | 562 |
respect to the management of the system or with respect to the | 563 |
management or disposition of its assets; | 564 |
(2) Renders investment advice for a fee, direct or indirect, | 565 |
with respect to money or property of the system; | 566 |
(3) Has any discretionary authority or responsibility in the | 567 |
administration of the system. | 568 |
(AAA) "Actuary" means an individual who satisfies all of the | 569 |
following requirements: | 570 |
(1) Is a member of the American academy of actuaries; | 571 |
(2) Is an associate or fellow of the society of actuaries; | 572 |
(3) Has a minimum of five years' experience in providing | 573 |
actuarial services to public retirement plans. | 574 |
(BBB) "PERS defined benefit plan" means the plan described | 575 |
in sections 145.201 to 145.79 of the Revised Code. | 576 |
(CCC) "PERS defined contribution plans" means the plan or | 577 |
plans established under section 145.81 of the Revised Code. | 578 |
Sec. 145.016. (A) For the purposes of determining final | 579 |
average salary under division (K) of section 145.01 of the Revised | 580 |
Code, "earnable salary" does not include amounts attributable to | 581 |
either of the following: | 582 |
(1) Overtime service that exceeds the greater of the | 583 |
following: | 584 |
(a) The member's overtime service during any of the three | 585 |
years immediately preceding the two years of contributing service | 586 |
in which the member's earnable salary was highest; | 587 |
(b) The member's overtime service that is considered | 588 |
generally applicable to members employed by same employer because | 589 |
it was assigned in accordance with uniform criteria applicable to | 590 |
all such members. | 591 |
(2) A percentage increase in earnable salary paid the member | 592 |
during the two years of contributing service in which the member's | 593 |
earnable salary was highest that exceeds the greater of the | 594 |
following: | 595 |
(a) The highest percentage increase in earnable salary paid | 596 |
the member during any of the three years immediately preceding the | 597 |
two years of contributing service in which the member's earnable | 598 |
salary was highest; | 599 |
(b) A percentage increase in earnable salary paid the member | 600 |
as part of an increase that is considered generally applicable to | 601 |
members employed by the employer because the increase is in | 602 |
accordance with uniform criteria applicable to all such members. | 603 |
(B) Contributions made by a member and an employer on amounts | 604 |
that pursuant to division (A) of this section are not earnable | 605 |
salary shall be treated as additional deposits to the member's | 606 |
account under section 145.62 of the Revised Code and used to | 607 |
provide additional annuity income. | 608 |
(C) The public employees retirement board shall notify each | 609 |
member who applies for a retirement allowance of any amount | 610 |
excluded from the member's earnable salary in accordance with | 611 |
division (A) of this section and the procedure for requesting a | 612 |
hearing. | 613 |
The board shall hold a hearing at the member's request. | 614 |
Following the hearing, the board shall determine in accordance | 615 |
with the criteria it has established whether, for good cause as | 616 |
determined by the board, all or any portion of the excluded | 617 |
amount, up to a maximum of seven thousand five hundred dollars, is | 618 |
to be included in determining the member's final average salary. | 619 |
The board's determination is final. | 620 |
The board shall adopt rules under Chapter 119. of the Revised | 621 |
Code establishing procedures for requesting a hearing and criteria | 622 |
for making determinations under this division. | 623 |
Section 2. That existing section 145.01 of the Revised Code | 624 |
is hereby repealed. | 625 |