Section 101. That sections 145.27, 145.56, 145.561, 145.82, | 30 |
145.95, 742.41, 742.46, 742.47, 742.64, 2329.66, 2929.192, | 31 |
3305.07, 3305.08, 3305.20, 3305.22, 3307.20, 3307.41, 3307.42, | 32 |
3309.22, 3309.66, 3309.661, 3309.82, 3309.95, 4121.12, 4121.123, | 33 |
4121.125, 4121.32, 4121.41, 4121.44, 4121.68, 4123.35, 4123.512, | 34 |
4123.52, 5505.04, 5505.22, and 5505.34 be amended and sections | 35 |
145.573, 742.464, 2929.193, 3305.12, 3307.373, 3309.673, and | 36 |
5505.263 of the Revised Code be enacted to read as follows: | 37 |
Sec. 145.27. (A)(1) As used in this division, "personal | 38 |
history record" means information maintained by the public | 39 |
employees retirement board on an individual who is a member, | 40 |
former member, contributor, former contributor, retirant, or | 41 |
beneficiary that includes the address, telephone number, social | 42 |
security number, record of contributions, correspondence with the | 43 |
public employees retirement system, or other information the board | 44 |
determines to be confidential. | 45 |
(1) If a member, former member, contributor, former | 74 |
contributor, or retirant is subject to an order issued under | 75 |
section 2907.15 of the Revised Code or an order issued under | 76 |
division (A) or (B) of section 2929.192 of the Revised Code or is | 77 |
convicted of or pleads guilty to a violation of section 2921.41 of | 78 |
the Revised Code, on written request of a prosecutor as defined in | 79 |
section 2935.01 of the Revised Code, the board shall furnish to | 80 |
the prosecutor the information requested from the individual's | 81 |
personal history record. | 82 |
(4) Within fourteen days after receiving from the director of | 92 |
job and family services a list of the names and social security | 93 |
numbers of recipients of public assistance pursuant to section | 94 |
5101.181 of the Revised Code, the board shall inform the auditor | 95 |
of state of the name, current or most recent employer address, and | 96 |
social security number of each member whose name and social | 97 |
security number are the same as that of a person whose name or | 98 |
social security number was submitted by the director. The board | 99 |
and its employees shall, except for purposes of furnishing the | 100 |
auditor of state with information required by this section, | 101 |
preserve the confidentiality of recipients of public assistance in | 102 |
compliance with division (A) of section 5101.181 of the Revised | 103 |
Code. | 104 |
(6) At the request of any person, the board shall make | 112 |
available to the person copies of all documents, including | 113 |
resumes, in the board's possession regarding filling a vacancy of | 114 |
an employee member or retirant member of the board. The person who | 115 |
made the request shall pay the cost of compiling, copying, and | 116 |
mailing the documents. The information described in division | 117 |
(D)(6) of this section is a public record. | 118 |
Sec. 145.56. The right of an individual to a pension, an | 128 |
annuity, or a retirement allowance itself, the right of an | 129 |
individual to any optional benefit, any other right accrued or | 130 |
accruing to any individual, under this chapter, or under any | 131 |
municipal retirement system established subject to this chapter | 132 |
under the laws of this state or any charter, the various funds | 133 |
created by this chapter, or under such municipal retirement | 134 |
system, and all moneys, investments, and income from moneys or | 135 |
investments are exempt from any state tax, except the tax imposed | 136 |
by section 5747.02 of the Revised Code and are exempt from any | 137 |
county, municipal, or other local tax, except taxes imposed | 138 |
pursuant to section 5748.02 or 5748.08 of the Revised Code and, | 139 |
except as provided in sections 145.57, 145.572, 145.573, 3105.171, | 140 |
3105.65, and 3115.32 and Chapters 3119., 3121., 3123., and 3125. | 141 |
of the Revised Code, shall not be subject to execution, | 142 |
garnishment, attachment, the operation of bankruptcy or insolvency | 143 |
laws, or other process of law whatsoever, and shall be | 144 |
unassignable except as specifically provided in this chapter and | 145 |
sections 3105.171, 3105.65, and 3115.32 and Chapters 3119., 3121., | 146 |
3123., and 3125. of the Revised Code. | 147 |
Sec. 145.561. TheExcept as provided in section 145.573 of | 148 |
the Revised Code, the granting of a retirement allowance, annuity, | 149 |
pension, or other benefit to any person pursuant to action of the | 150 |
public employees retirement board vests a right in such person, so | 151 |
long as hethe person remains the recipient of any benefit of the | 152 |
funds established by section 145.23 of the Revised Code, to | 153 |
receive such retirement allowance, annuity, pension, or other | 154 |
benefit at the rate fixed at the time of granting such retirement | 155 |
allowance, annuity, pension, or other benefit. Such right shall | 156 |
also be vested with equal effect in the recipient of a grant | 157 |
heretofore made from any of the funds named in section 145.23 of | 158 |
the Revised Code. | 159 |
On receipt of notice under section 2901.43 of the Revised | 165 |
Code that a public employees retirement system member is charged | 166 |
with an offense listed in division (D) of section 2929.192 of the | 167 |
Revised Code under the circumstances specified in that division, | 168 |
the system shall determine whether the member has been granted a | 169 |
disability benefit. If so, the system shall send written notice to | 170 |
the prosecutor assigned to the case that the member has been | 171 |
granted a disability benefit under this chapter and may be subject | 172 |
to section 2929.193 of the Revised Code. | 173 |
(B) The following sections of Chapter 145. of the Revised | 179 |
Code apply to a PERS defined contribution plan: 145.22, 145.221, | 180 |
145.23, 145.25, 145.26, 145.27, 145.296, 145.38, 145.382, 145.383, | 181 |
145.384, 145.391, 145.47, 145.48, 145.483, 145.51, 145.52, 145.53, | 182 |
145.54, 145.55, 145.56, 145.563, 145.57, 145.571, 145.572, | 183 |
145.573, 145.69, and 145.70 of the Revised Code. | 184 |
With respect to the benefits described in division (C)(1) of | 197 |
this section, the public employees retirement board may establish | 198 |
eligibility requirements and benefit formulas or amounts that | 199 |
differ from those of members participating in the PERS defined | 200 |
benefit plan. With respect to the purchase of service credit by a | 201 |
member participating in a PERS defined contribution plan, the | 202 |
board may reduce the cost of the service credit to reflect the | 203 |
different benefit formula established for the member. | 204 |
(2) "Personal history record" includes a member's, former | 219 |
member's, or other system retirant's name, address, telephone | 220 |
number, social security number, record of contributions, | 221 |
correspondence with the Ohio police and fire pension fund, status | 222 |
of any application for benefits, and any other information deemed | 223 |
confidential by the trustees of the fund. | 224 |
(1) If a member, former member, or other system retirant is | 254 |
subject to an order issued under section 2907.15 of the Revised | 255 |
Code or an order issued under division (A) or (B) of section | 256 |
2929.192 of the Revised Code or is convicted of or pleads guilty | 257 |
to a violation of section 2921.41 of the Revised Code, on written | 258 |
request of a prosecutor as defined in section 2935.01 of the | 259 |
Revised Code, the fund shall furnish to the prosecutor the | 260 |
information requested from the individual's personal history | 261 |
record. | 262 |
(4) Within fourteen days after receiving from the director of | 273 |
job and family services a list of the names and social security | 274 |
numbers of recipients of public assistance pursuant to section | 275 |
5101.181 of the Revised Code, the fund shall inform the auditor of | 276 |
state of the name, current or most recent employer address, and | 277 |
social security number of each member or other system retirant | 278 |
whose name and social security number are the same as that of a | 279 |
person whose name or social security number was submitted by the | 280 |
director. The fund and its employees shall, except for purposes of | 281 |
furnishing the auditor of state with information required by this | 282 |
section, preserve the confidentiality of recipients of public | 283 |
assistance in compliance with division (A) of section 5101.181 of | 284 |
the Revised Code. | 285 |
(6) At the request of any person, the fund shall make | 293 |
available to the person copies of all documents, including | 294 |
resumes, in the fund's possession regarding filling a vacancy of a | 295 |
police officer employee member, firefighter employee member, | 296 |
police retirant member, or firefighter retirant member of the | 297 |
board of trustees. The person who made the request shall pay the | 298 |
cost of compiling, copying, and mailing the documents. The | 299 |
information described in this division is a public record. | 300 |
Sec. 742.46. TheExcept as provided in section 742.464 of | 311 |
the Revised Code, the granting of a benefit or pension to any | 312 |
person under sections 742.01 to 742.61 of the Revised Code, other | 313 |
than a person participating in the deferred retirement option plan | 314 |
established under section 742.43 of the Revised Code, vests a | 315 |
right in such person to obtain and receive the amount of such | 316 |
benefit or pension granted to the person subject to sections | 317 |
742.01 to 742.61 of the Revised Code. Subject to sectionsections | 318 |
742.444
and 742.464 of the Revised Code, a person participating in | 319 |
the deferred retirement option plan vests in the right to obtain | 320 |
and receive the amount accrued to the benefit of the person when | 321 |
the person ceases participating in the plan. | 322 |
On receipt of notice under section 2901.43 of the Revised | 331 |
Code that an Ohio police and fire pension fund member is charged | 332 |
with an offense listed in division (D) of section 2929.192 of the | 333 |
Revised Code under the circumstances specified in that division, | 334 |
the fund shall determine whether the member has been granted a | 335 |
disability benefit. If so, the fund shall send written notice to | 336 |
the prosecutor assigned to the case that the member has been | 337 |
granted a disability benefit under this chapter and may be subject | 338 |
to section 2929.193 of the Revised Code. | 339 |
Sec. 742.47. Except as provided in sections 742.461, | 340 |
742.463,
742.464, 3105.171, 3105.65, and 3115.32 and Chapters | 341 |
3119., 3121., 3123., and 3125. of the Revised Code, sums of money | 342 |
due or to become due to any individual from the Ohio police and | 343 |
fire pension fund are not liable to attachment, garnishment, levy, | 344 |
or seizure under any legal or equitable process or any other | 345 |
process of law whatsoever, whether those sums remain with the | 346 |
treasurer of the fund or any officer or agent of the board of | 347 |
trustees of the fund or are in the course of transmission to the | 348 |
individual entitled to them, but shall inure wholly to the benefit | 349 |
of that individual. | 350 |
If a person who is a disability benefit recipient or an | 354 |
alternate payee, as defined in section 3105.80 of the Revised | 355 |
Code, is paid any amount from a benefit or
lump sum payment under | 356 |
an order issued under section 3105.171 or 3105.65 of the Revised | 357 |
Code by the Ohio police and fire pension fund to which the person | 358 |
is not entitled, the person shall repay the fund. If the person | 359 |
fails to repay, the fund shall withhold the amount due from any | 360 |
benefit or payment due the person
under the order or may collect | 361 |
the amount in any other manner provided by law. | 362 |
(1)(a) In the case of a judgment or order regarding money | 366 |
owed for health care services rendered or health care supplies | 367 |
provided to the person or a dependent of the person, one parcel or | 368 |
item of real or personal property that the person or a dependent | 369 |
of the person uses as a residence. Division (A)(1)(a) of this | 370 |
section does not preclude, affect, or invalidate the creation | 371 |
under this chapter of a judgment lien upon the exempted property | 372 |
but only delays the enforcement of the lien until the property is | 373 |
sold or otherwise transferred by the owner or in accordance with | 374 |
other applicable laws to a person or entity other than the | 375 |
surviving spouse or surviving minor children of the judgment | 376 |
debtor. Every person who is domiciled in this state may hold | 377 |
exempt from a judgment lien created pursuant to division (A)(1)(a) | 378 |
of this section the person's interest, not to exceed twenty | 379 |
thousand two hundred dollars, in the exempted property. | 380 |
(3) The person's interest, not to exceed four hundred | 387 |
dollars, in cash on hand, money due and payable, money to become | 388 |
due within ninety days, tax refunds, and money on deposit with a | 389 |
bank, savings and loan association, credit union, public utility, | 390 |
landlord, or other person, other than personal earnings. | 391 |
(4)(a) The person's interest, not to exceed five hundred | 392 |
twenty-five dollars in any particular item or ten thousand seven | 393 |
hundred seventy-five dollars in aggregate value, in household | 394 |
furnishings, household goods, wearing apparel, appliances, books, | 395 |
animals, crops, musical instruments, firearms, and hunting and | 396 |
fishing equipment that are held primarily for the personal, | 397 |
family, or household use of the person; | 398 |
(10)(a) Except in cases in which the person was convicted of | 445 |
or pleaded guilty to a violation of section 2921.41 of the Revised | 446 |
Code and in which an order for the withholding of restitution from | 447 |
payments was issued under division (C)(2)(b) of that section, in | 448 |
cases in which an order for withholding was issued under section | 449 |
2907.15 of the Revised Code, and in cases in which an order for | 450 |
forfeiture was issued under division (A) or (B) of section | 451 |
2929.192 of the Revised Code, and in cases in which an order was | 452 |
issued under 2929.193 of the Revised Code, and only to the extent | 453 |
provided in the order, and except as provided in sections | 454 |
3105.171, 3105.63, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 | 455 |
of the Revised Code, the person's right to a pension, benefit, | 456 |
annuity, retirement allowance, or accumulated contributions, the | 457 |
person's right to a participant account in any deferred | 458 |
compensation program offered by the Ohio public employees deferred | 459 |
compensation board, a government unit, or a municipal corporation, | 460 |
or the person's other accrued or accruing rights, as exempted by | 461 |
section 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or | 462 |
5505.22 of the Revised Code, and the person's right to benefits | 463 |
from the Ohio public safety officers death benefit fund; | 464 |
(b) Except as provided in sections 3119.80, 3119.81, 3121.02, | 465 |
3121.03, and 3123.06 of the Revised Code, the person's right to | 466 |
receive a payment under any pension, annuity, or similar plan or | 467 |
contract, not including a payment from a stock bonus or | 468 |
profit-sharing plan or a payment included in division (A)(6)(b) or | 469 |
(10)(a) of this section, on account of illness, disability, death, | 470 |
age, or length of service, to the extent reasonably necessary for | 471 |
the support of the person and any of the person's dependents, | 472 |
except if all the following apply: | 473 |
(c) Except for any portion of the assets that were deposited | 481 |
for the purpose of evading the payment of any debt and except as | 482 |
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 483 |
3123.06 of the Revised Code, the person's right in the assets held | 484 |
in, or to receive any payment under, any individual retirement | 485 |
account, individual retirement annuity, "Roth IRA," or education | 486 |
individual retirement account that provides benefits by reason of | 487 |
illness, disability, death, or age, to the extent that the assets, | 488 |
payments, or benefits described in division (A)(10)(c) of this | 489 |
section are attributable to any of the following: | 490 |
(iii) Contributions of the person that are within the | 502 |
applicable limits on rollover contributions under subsections 219, | 503 |
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B), | 504 |
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986," | 505 |
100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 506 |
(d) Except for any portion of the assets that were deposited | 507 |
for the purpose of evading the payment of any debt and except as | 508 |
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 509 |
3123.06 of the Revised Code, the person's right in the assets held | 510 |
in, or to receive any payment under, any Keogh or "H.R. 10" plan | 511 |
that provides benefits by reason of illness, disability, death, or | 512 |
age, to the extent reasonably necessary for the support of the | 513 |
person and any of the person's dependents. | 514 |
(c) Except in cases in which the person who receives the | 528 |
payment is an inmate, as defined in section 2969.21 of the Revised | 529 |
Code, and in which the payment resulted from a civil action or | 530 |
appeal against a government entity or employee, as defined in | 531 |
section 2969.21 of the Revised Code, a payment, not to exceed | 532 |
twenty thousand two hundred dollars, on account of personal bodily | 533 |
injury, not including pain and suffering or compensation for | 534 |
actual pecuniary loss, of the person or an individual for whom the | 535 |
person is a dependent; | 536 |
(a) If paid weekly, thirty times the current federal minimum | 545 |
hourly wage; if paid biweekly, sixty times the current federal | 546 |
minimum hourly wage; if paid semimonthly, sixty-five times the | 547 |
current federal minimum hourly wage; or if paid monthly, one | 548 |
hundred thirty times the current federal minimum hourly wage that | 549 |
is in effect at the time the earnings are payable, as prescribed | 550 |
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 551 |
U.S.C. 206(a)(1), as amended; | 552 |
(B) On April 1, 2010, and on the first day of April in each | 573 |
third calendar year after 2010, each dollar amount set forth in | 574 |
this section shall be adjusted, when determining the amount that | 575 |
is exempt from execution, garnishment, attachment, or sale | 576 |
pursuant to this section, to reflect the change in the consumer | 577 |
price index for all urban consumers, as published by the United | 578 |
States department of labor, or, if that index is no longer | 579 |
published, a generally available comparable index, for the | 580 |
three-year period ending on the thirty-first day of December of | 581 |
the preceding year. Any adjustments required by this division | 582 |
shall be rounded to the nearest twenty-five dollars. | 583 |
(i) The entity directly or indirectly owns, controls, or | 608 |
holds with power to vote, twenty per cent or more of the | 609 |
outstanding voting securities of the person who claims an | 610 |
exemption, unless the entity holds the securities in a fiduciary | 611 |
or agency capacity without sole discretionary power to vote the | 612 |
securities or holds the securities solely to secure to debt and | 613 |
the entity has not in fact exercised the power to vote. | 614 |
Sec. 2929.192. (A) If an offender is being sentenced for any | 647 |
felony offense listed in division (D) of this section that was | 648 |
committed on or after the effective date of this sectionMay 13, | 649 |
2008, if the offender committed the offense while serving in a | 650 |
position of honor, trust, or profit, and if the offender, at the | 651 |
time of the commission of the offense, was a member of any public | 652 |
retirement system or a participant in an alternative retirement | 653 |
plan, in addition to any other sanction it imposes under section | 654 |
2929.14, 2929.15, 2929.16, 2929.17, or 2929.18 of the Revised Code | 655 |
but subject to division (B) of this section, the court shall order | 656 |
the forfeiture to the public retirement system or alternative | 657 |
retirement plan in which the offender was a member or participant | 658 |
of the offender's right to a retirement allowance, pension, | 659 |
disability benefit, or other right or benefit, other than payment | 660 |
of the offender's accumulated contributions, earned by reason of | 661 |
the offender's being a member of the public retirement system or | 662 |
alternative retirement plan. A forfeiture ordered under this | 663 |
division is part of, and shall be included in, the sentence of the | 664 |
offender. The court shall send a copy of the journal entry | 665 |
imposing sentence on the offender to the appropriate public | 666 |
retirement system or alternative retirement plan in which the | 667 |
offender was a member or participant. | 668 |
(B) In any case in which a sentencing court is required to | 669 |
order forfeiture of an offender's right to a retirement allowance, | 670 |
pension, disability benefit, or other right or benefit under | 671 |
division (A) of this section, the offender may request a hearing | 672 |
regarding the forfeiture by delivering to the court prior to | 673 |
sentencing a written request for a hearing. If a request for a | 674 |
hearing is made by the offender prior to sentencing, the court | 675 |
shall conduct the hearing before sentencing. The court shall | 676 |
notify the offender, the prosecutor who handled the case in which | 677 |
the offender was convicted of or pleaded guilty to the offense for | 678 |
which the forfeiture order was imposed, and the appropriate public | 679 |
retirement system, or alternative retirement plan provider, | 680 |
whichever is applicable, or, if more than one is specified in the | 681 |
motion, the applicable combination of these, of the hearing. A | 682 |
hearing scheduled under this division shall be limited to a | 683 |
consideration of whether there is good cause based on evidence | 684 |
presented by the offender for the forfeiture order not to be | 685 |
issued. If the court determines based on evidence presented by the | 686 |
offender that there is good cause for the forfeiture order not to | 687 |
be issued, the court shall not issue the forfeiture order. If the | 688 |
offender does not request a hearing prior to sentencing or if the | 689 |
court conducts a hearing but does not determine based on evidence | 690 |
presented by the offender that there is good cause for the | 691 |
forfeiture order not to be issued, the court shall order the | 692 |
forfeiture described in division (A) of this section in accordance | 693 |
with that division and shall send a copy of the journal entry | 694 |
imposing sentence on the offender to the appropriate public | 695 |
retirement system or alternative retirement plan in which the | 696 |
offender was a member or participant. | 697 |
(E) For purposes of divisions (A) and (D) of this section, a | 720 |
violation of section 2923.32 of the Revised Code or any other | 721 |
violation or offense that includes as an element a course of | 722 |
conduct or the occurrence of multiple acts is "committed on or | 723 |
after the effective date of this sectionMay 13, 2008," if the | 724 |
course of conduct continues, one or more of the multiple acts | 725 |
occurs, or the subject person's accountability for the course of | 726 |
conduct or for one or more of the multiple acts continues, on or | 727 |
after the effective date of this sectionMay 13, 2008. | 728 |
(b) On and after the effective date of this amendment, | 746 |
"position of honor, trust, or profit" has the same meaning as in | 747 |
division (F)(1)(a) of this section, except that it also includes a | 748 |
position in which, in the course of public employment, an employee | 749 |
has control over the expenditure of public funds of one hundred | 750 |
thousand dollars or more annually. | 751 |
(a) Regarding an offender who is a member of the public | 757 |
employees retirement system, except as otherwise provided in | 758 |
division (F)(3)(a) of this section, "accumulated contributions" | 759 |
has the same meaning as in section 145.01 of the Revised Code. For | 760 |
a member participating in a PERS defined contribution plan, | 761 |
"accumulated contributions" means the contributions made under | 762 |
section 145.85 of the Revised Code and any earnings on those | 763 |
contributions. For a member participating in a PERS defined | 764 |
contribution plan that includes definitely determinable benefits, | 765 |
"accumulated contributions" means the contributions made under | 766 |
section 145.85 of the Revised Code, any earnings on those | 767 |
contributions, and additionally any amounts paid by the member to | 768 |
purchase service credits. | 769 |
(c) Regarding an offender who is a member of the state | 774 |
teachers retirement system, except as otherwise provided in | 775 |
division (F)(3)(c) of this section, "accumulated contributions" | 776 |
has the same meaning as in section 3307.50 of the Revised Code. | 777 |
For a member participating in an STRS defined contribution plan, | 778 |
"accumulated contributions" means the contributions made under | 779 |
section 3307.26 of the Revised Code to participate in a plan | 780 |
established under section 3307.81 of the Revised Code and any | 781 |
earnings on those contributions. For a member participating in a | 782 |
STRS defined contribution plan that includes definitely | 783 |
determinable benefits, "accumulated contributions" means the | 784 |
contributions made under section 3307.26 of the Revised Code to | 785 |
participate in a plan established under section 3307.81 of the | 786 |
Revised Code, any earnings on those contributions, and | 787 |
additionally any amounts paid by the member to purchase service | 788 |
credits. | 789 |
(C)(1) Prior to sentencing an offender subject to this | 829 |
section, the court shall hold a hearing regarding the condition | 830 |
for which the offender was granted a disability benefit. Not later | 831 |
than ten days prior to the scheduled date of the hearing, the | 832 |
court shall give written notice of the hearing to the offender, | 833 |
the prosecutor who handled the case, and the appropriate public | 834 |
retirement system, alternative retirement plan provider, or, if | 835 |
more than one is providing a disability benefit, the applicable | 836 |
combination of these. The hearing shall be limited to a | 837 |
consideration of whether the offender's disabling condition arose | 838 |
out of the commission of the offense the offender was convicted of | 839 |
or pleaded guilty to. | 840 |
(D) For purposes of this section, a violation of section | 851 |
2923.32 of the Revised Code or any other violation or offense that | 852 |
includes as an element a course of conduct or the occurrence of | 853 |
multiple acts is "committed on or after the effective date of this | 854 |
section" if the course of conduct continues, one or more of the | 855 |
multiple acts occurs, or the offender's accountability for the | 856 |
course of conduct or for one or more of the multiple acts | 857 |
continues on or after the effective date of this section. | 858 |
(2) A benefit or payment shall not be paid under an | 872 |
investment option prior to the time an electing employee dies, | 873 |
terminates employment with the public institution of higher | 874 |
education, or, if provided under the alternative retirement plan | 875 |
or investment option, becomes disabled, except that the provider | 876 |
of the investment option shall transfer the employee's account | 877 |
balance to another provider as provided under section 3305.053 of | 878 |
the Revised Code. | 879 |
Sec. 3305.08. Any payment, benefit, or other right accruing | 880 |
to any electing employee under a contract entered into for | 881 |
purposes of an alternative retirement plan and all moneys, | 882 |
investments, and income of those contracts are exempt from any | 883 |
state tax, except the tax imposed by section 5747.02 of the | 884 |
Revised Code, are exempt from any county, municipal, or other | 885 |
local tax, except taxes imposed pursuant to section 5748.02 or | 886 |
5748.08 of the Revised Code, and except as provided in sections | 887 |
3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, | 888 |
3123.06, and 3305.09, and 3305.12 of the Revised Code, shall not | 889 |
be subject to execution, garnishment, attachment, the operation of | 890 |
bankruptcy or the insolvency law, or other process of law, and | 891 |
shall be unassignable except as specifically provided in this | 892 |
section and sections 3105.171, 3105.65, 3119.80, 3119.81, 3121.02, | 893 |
3121.03, 3115.32, and 3123.06 of the Revised Code or in any | 894 |
contract the electing employee has entered into for purposes of an | 895 |
alternative retirement plan. | 896 |
On receipt of notice under section 2901.43 of the Revised | 903 |
Code that an alternative retirement plan participant is charged | 904 |
with an offense listed in division (D) of section 2929.192 of the | 905 |
Revised Code under the circumstances specified in that division, | 906 |
the entity shall determine whether the participant has been | 907 |
granted a disability benefit. If so, the entity shall send written | 908 |
notice to the prosecutor assigned to the case that the participant | 909 |
has been granted a disability benefit under an alternative | 910 |
retirement plan and may be subject to section 2929.193 of the | 911 |
Revised Code. | 912 |
Sec. 3305.20. As used in this section, "personal history | 913 |
record" means information maintained by the entity providing an | 914 |
alternative retirement plan on an individual who participates in | 915 |
the plan that includes the address, telephone number, social | 916 |
security number, record of contributions, correspondence with the | 917 |
plan, or other information the entity providing the plan | 918 |
determines to be confidential. | 919 |
If a person who is a disability benefit recipient or an | 937 |
alternate payee, as defined in section 3105.80 of the Revised | 938 |
Code, is paid any amount
under an order issued under section | 939 |
3105.171 or 3105.65 of the Revised Code to which the person is not | 940 |
entitled by an entity providing an alternative retirement plan, | 941 |
the person shall repay the entity. If the person fails to repay, | 942 |
the entity shall withhold the amount from any
benefit or payment | 943 |
due the person under the order or may collect the amount in any | 944 |
other manner provided by law. | 945 |
(1) "Personal history record" means information maintained by | 947 |
the state teachers retirement board on an individual who is a | 948 |
member, former member, contributor, former contributor, retirant, | 949 |
or beneficiary that includes the address, telephone number, social | 950 |
security number, record of contributions, correspondence with the | 951 |
state teachers retirement system, or other information the board | 952 |
determines to be confidential. | 953 |
(1) If a member, former member, retirant, contributor, or | 983 |
former contributor is subject to an order issued under section | 984 |
2907.15 of the Revised Code or an order issued under division (A) | 985 |
or (B) of section 2929.192 of the Revised Code or is convicted of | 986 |
or pleads guilty to a violation of section 2921.41 of the Revised | 987 |
Code, on written request of a prosecutor as defined in section | 988 |
2935.01 of the Revised Code, the board shall furnish to the | 989 |
prosecutor the information requested from the individual's | 990 |
personal history record. | 991 |
(4) Within fourteen days after receiving from the director of | 1001 |
job and family services a list of the names and social security | 1002 |
numbers of recipients of public assistance pursuant to section | 1003 |
5101.181 of the Revised Code, the board shall inform the auditor | 1004 |
of state of the name, current or most recent employer address, and | 1005 |
social security number of each member whose name and social | 1006 |
security number are the same as that of a person whose name or | 1007 |
social security number was submitted by the director. The board | 1008 |
and its employees shall, except for purposes of furnishing the | 1009 |
auditor of state with information required by this section, | 1010 |
preserve the confidentiality of recipients of public assistance in | 1011 |
compliance with division (A) of section 5101.181 of the Revised | 1012 |
Code. | 1013 |
(6) At the request of any person, the board shall make | 1021 |
available to the person copies of all documents, including | 1022 |
resumes, in the board's possession regarding filling a vacancy of | 1023 |
a contributing member or retired teacher member of the board. The | 1024 |
person who made the request shall pay the cost of compiling, | 1025 |
copying, and mailing the documents. The information described in | 1026 |
this division is a public record. | 1027 |
On receipt of notice under section 2901.43 of the Revised | 1042 |
Code that a state teachers retirement system member is charged | 1043 |
with an offense listed in division (D) of section 2929.192 of the | 1044 |
Revised Code under the circumstances specified in that division, | 1045 |
the system shall determine whether the member has been granted a | 1046 |
disability benefit. If so, the system shall send written notice to | 1047 |
the prosecutor assigned to the case that the member has been | 1048 |
granted a disability benefit under this chapter and may be subject | 1049 |
to section 2929.193 of the Revised Code. | 1050 |
Sec. 3307.41. The right of an individual to a pension, an | 1051 |
annuity, or a retirement allowance itself, the right of an | 1052 |
individual to any optional benefit, or any other right or benefit | 1053 |
accrued or accruing to any individual under this chapter, the | 1054 |
various funds created by section 3307.14 of the Revised Code, and | 1055 |
all moneys, investments, and income from moneys or investments are | 1056 |
exempt from any state tax, except the tax imposed by section | 1057 |
5747.02 of the Revised Code, and are exempt from any county, | 1058 |
municipal, or other local tax, except taxes imposed pursuant to | 1059 |
section 5748.02 or 5748.08 of the Revised Code, and, except as | 1060 |
provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, | 1061 |
3121.02, 3121.03, 3123.06, 3307.37, and 3307.372, and 3307.373 of | 1062 |
the Revised Code, shall not be subject to execution, garnishment, | 1063 |
attachment, the operation of bankruptcy or insolvency laws, or any | 1064 |
other process of law whatsoever, and shall be unassignable except | 1065 |
as specifically provided in this chapter or sections 3105.171, | 1066 |
3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 | 1067 |
of the Revised Code. | 1068 |
Sec. 3307.42. TheExcept as provided in section 3307.373 of | 1069 |
the Revised Code, the granting to any person of an allowance, | 1070 |
annuity, or pension, as defined in sectionor other benefit under | 1071 |
the plan described in sections 3307.50 to 3307.79 of the Revised | 1072 |
Code, or the granting of a benefit under a plan established under | 1073 |
section 3307.81 of the Revised Code, pursuant to an action of the | 1074 |
state teachers' retirement board vests a right in such person, so | 1075 |
long as the person remains the beneficiary of any of the funds | 1076 |
established by section 3307.14 of the Revised Code, to receive the | 1077 |
allowance, annuity, pension, or benefit at the rate fixed at the | 1078 |
time of granting the allowance, annuity, pension, or benefit. Such | 1079 |
right shall also be vested with equal effect in the beneficiary of | 1080 |
a grant heretofore made from any of the funds named in section | 1081 |
3307.14 of the Revised Code. | 1082 |
Sec. 3309.22. (A)(1) As used in this division, "personal | 1083 |
history record" means information maintained by the board on an | 1084 |
individual who is a member, former member, contributor, former | 1085 |
contributor, retirant, or beneficiary that includes the address, | 1086 |
telephone number, social security number, record of contributions, | 1087 |
correspondence with the system, and other information the board | 1088 |
determines to be confidential. | 1089 |
(1) If a member, former member, contributor, former | 1117 |
contributor, or retirant is subject to an order issued under | 1118 |
section 2907.15 of the Revised Code or an order issued under | 1119 |
division (A) or (B) of section 2929.192 of the Revised Code or is | 1120 |
convicted of or pleads guilty to a violation of section 2921.41 of | 1121 |
the Revised Code, on written request of a prosecutor as defined in | 1122 |
section 2935.01 of the Revised Code, the board shall furnish to | 1123 |
the prosecutor the information requested from the individual's | 1124 |
personal history record. | 1125 |
(4) Within fourteen days after receiving from the director of | 1135 |
job and family services a list of the names and social security | 1136 |
numbers of recipients of public assistance pursuant to section | 1137 |
5101.181 of the Revised Code, the board shall inform the auditor | 1138 |
of state of the name, current or most recent employer address, and | 1139 |
social security number of each contributor whose name and social | 1140 |
security number are the same as that of a person whose name or | 1141 |
social security number was submitted by the director. The board | 1142 |
and its employees shall, except for purposes of furnishing the | 1143 |
auditor of state with information required by this section, | 1144 |
preserve the confidentiality of recipients of public assistance in | 1145 |
compliance with division (A) of section 5101.181 of the Revised | 1146 |
Code. | 1147 |
Sec. 3309.66. The right of an individual to a pension, an | 1171 |
annuity, or a retirement allowance itself, the right of an | 1172 |
individual to any optional benefit, any other right accrued or | 1173 |
accruing to any individual under this chapter, the various funds | 1174 |
created by section 3309.60 of the Revised Code, and all moneys, | 1175 |
investments, and income from moneys and investments are exempt | 1176 |
from any state tax, except the tax imposed by section 5747.02 of | 1177 |
the Revised Code, and are exempt from any county, municipal, or | 1178 |
other local tax, except taxes imposed pursuant to section 5748.02 | 1179 |
or 5748.08 of the Revised Code, and, except as provided in | 1180 |
sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02, | 1181 |
3121.03, 3123.06, 3309.67, and 3309.672, and 3309.673 of the | 1182 |
Revised Code, shall not be subject to execution, garnishment, | 1183 |
attachment, the operation of bankruptcy or insolvency laws, or any | 1184 |
other process of law whatsoever, and shall be unassignable except | 1185 |
as specifically provided in this chapter and in sections 3105.171, | 1186 |
3105.65, 3115.32, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 | 1187 |
of the Revised Code. | 1188 |
Sec. 3309.661. TheExcept as provided in section 3309.673 of | 1189 |
the Revised Code, the granting of a retirement allowance, annuity, | 1190 |
pension, or other benefit to any person pursuant to action of the | 1191 |
school employees retirement board vests a right in such person, so | 1192 |
long as hethe person remains the recipient of any of the funds | 1193 |
established by section 3309.60 of the Revised Code, to receive | 1194 |
such retirement allowance, annuity, pension, or benefit. Such | 1195 |
right shall also be vested with equal effect in the recipient of a | 1196 |
grant heretofore made from any of the funds named in section | 1197 |
3309.60 of the Revised Code. | 1198 |
On receipt of notice under section 2901.43 of the Revised | 1204 |
Code that a school employees retirement system member is charged | 1205 |
with an offense listed in division (D) of section 2929.192 of the | 1206 |
Revised Code under the circumstances specified in that division, | 1207 |
the system shall determine whether the member has been granted a | 1208 |
disability benefit. If so, the system shall send written notice to | 1209 |
the prosecutor assigned to the case that the member has been | 1210 |
granted a disability benefit under this chapter and may be subject | 1211 |
to section 2929.193 of the Revised Code. | 1212 |
(B) The following sections of Chapter 3309. of the Revised | 1219 |
Code apply to a plan established under section 3309.81 of the | 1220 |
Revised Code: sections 3309.19, 3309.21, 3309.22, 3309.23, | 1221 |
3309.24, 3309.25, 3309.251, 3309.252, 3309.253, 3309.28, 3309.29, | 1222 |
3309.341, 3309.3712, 3309.47, 3309.471, 3309.49, 3309.51, 3309.53, | 1223 |
3309.54, 3309.55, 3309.56, 3309.57, 3309.571, 3309.58, 3309.59, | 1224 |
3309.60, 3309.61, 3309.62, 3309.66, 3309.661, 3309.67, 3309.672, | 1225 |
3309.673, 3309.68, and 3309.70 of the Revised Code. | 1226 |
Sec. 3309.95. Subject to sections 3309.341, 3309.66, | 1227 |
3309.67, and 3309.672, and 3309.673 of the Revised Code, the right | 1228 |
of a member participating in a plan established under section | 1229 |
3309.81 of the Revised Code to any payment or benefit accruing | 1230 |
from contributions made by or on behalf of the member under | 1231 |
sections 3309.85 and 3309.86 of the Revised Code shall vest in | 1232 |
accordance with this section. | 1233 |
Sec. 4121.12. (A) There is hereby created the bureau of | 1239 |
workers' compensation board of directors consisting of eleven | 1240 |
members to be appointed by the governor with the advice and | 1241 |
consent of the senate. One member shall be an individual who, on | 1242 |
account of the individual's previous vocation, employment, or | 1243 |
affiliations, can be classed as a representative of employees; two | 1244 |
members shall be individuals who, on account of their previous | 1245 |
vocation, employment, or affiliations, can be classed as | 1246 |
representatives of employee organizations and at least one of | 1247 |
these two individuals shall be a member of the executive committee | 1248 |
of the largest statewide labor federation; three members shall be | 1249 |
individuals who, on account of their previous vocation, | 1250 |
employment, or affiliations, can be classed as representatives of | 1251 |
employers, one of whom represents self-insuring employers, one of | 1252 |
whom is a state fund employer who employs one hundred or more | 1253 |
employees, and one of whom is a state fund employer who employs | 1254 |
less than one hundred employees; two members shall be individuals | 1255 |
who, on account of their vocation, employment, or affiliations, | 1256 |
can be classed as investment and securities experts who have | 1257 |
direct experience in the management, analysis, supervision, or | 1258 |
investment of assets and are residents of this state; one member | 1259 |
who shall be a certified public accountant; one member who shall | 1260 |
be an actuary who is a member in good standing with the American | 1261 |
academy of actuaries or who is an associate or fellow with the | 1262 |
casualty actuarial society of actuaries; and one member shall | 1263 |
represent the public and also be an individual who, on account of | 1264 |
the individual's previous vocation, employment, or affiliations, | 1265 |
cannot be classed as either predominantly representative of | 1266 |
employees or of employers. The governor shall select the | 1267 |
chairperson of the board who shall serve as chairperson at the | 1268 |
pleasure of the governor. | 1269 |
None of the members of the board, within one year immediately | 1270 |
preceding the member's appointment, shall have been employed by | 1271 |
the bureau of workers' compensation or by any person, partnership, | 1272 |
or corporation that has provided to the bureau services of a | 1273 |
financial or investment nature, including the management, | 1274 |
analysis, supervision, or investment of assets. | 1275 |
(B) Of the initial appointments made to the board, the | 1276 |
governor shall appoint the member who represents employees, one | 1277 |
member who represents employers, and the member who represents the | 1278 |
public to a term ending one year after June 11, 2007; one member | 1279 |
who represents employers, one member who represents employee | 1280 |
organizations, one member who is an investment and securities | 1281 |
expert, and the member who is a certified public accountant to a | 1282 |
term ending two years after June 11, 2007; and one member who | 1283 |
represents employers, one member who represents employee | 1284 |
organizations, one member who is an investment and securities | 1285 |
expert, and the member who is an actuary to a term ending three | 1286 |
years after June 11, 2007. Thereafter, terms of office shall be | 1287 |
for three years, with each term ending on the same day of the same | 1288 |
month as did the term that it succeeds. Each member shall hold | 1289 |
office from the date of the member's appointment until the end of | 1290 |
the term for which the member was appointed. | 1291 |
At least thirty days prior to a vacancy occurring as a result | 1307 |
of the expiration of a term and within thirty days after other | 1308 |
vacancies occurring on the board, the nominating committee shall | 1309 |
submit an initial list containing four names for each vacancy. | 1310 |
Within fourteen days after the submission of the initial list, the | 1311 |
governor either shall appoint individuals from that list or | 1312 |
request the nominating committee to submit another list of four | 1313 |
names for each member the governor has not appointed from the | 1314 |
initial list, which list the nominating committee shall submit to | 1315 |
the governor within fourteen days after the governor's request. | 1316 |
The governor then shall appoint, within seven days after the | 1317 |
submission of the second list, one of the individuals from either | 1318 |
list to fill the vacancy for which the governor has not made an | 1319 |
appointment from the initial list. If the governor appoints an | 1320 |
individual to fill a vacancy occurring as a result of the | 1321 |
expiration of a term, the individual appointed shall begin serving | 1322 |
as a member of the board when the term for which the individual's | 1323 |
predecessor was appointed expires or immediately upon appointment | 1324 |
by the governor, whichever occurs later. With respect to the | 1325 |
filling of vacancies, the nominating committee shall provide the | 1326 |
governor with a list of four individuals who are, in the judgment | 1327 |
of the nominating committee, the most fully qualified to accede to | 1328 |
membership on the board. | 1329 |
(3) Except as provided in division (D)(4) of this section, if | 1349 |
a member serves on the workers' compensation audit committee, | 1350 |
workers' compensation actuarial committee, or the workers' | 1351 |
compensation investment committee, the member shall receive two | 1352 |
thousand five hundred dollars during a month in which the member | 1353 |
attends one or more meetings of the committee on which the member | 1354 |
serves and shall receive no payment during any month in which the | 1355 |
member attends no meeting of that committee. | 1356 |
(H) The office of a member of the board who is convicted of | 1500 |
or pleads guilty to a felony, a theft offense as defined in | 1501 |
section 2913.01 of the Revised Code, or a violation of section | 1502 |
102.02, 102.03, 102.04, 2921.02, 2921.11, 2921.13, 2921.31, | 1503 |
2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code shall be | 1504 |
deemed vacant. The vacancy shall be filled in the same manner as | 1505 |
the original appointment. A person who has pleaded guilty to or | 1506 |
been convicted of an offense of that nature is ineligible to be a | 1507 |
member of the board. A member who receives a bill of indictment | 1508 |
for any of the offenses specified in this section shall be | 1509 |
automatically suspended from the board pending resolution of the | 1510 |
criminal matter. | 1511 |
(1) Three individuals who are members of affiliated employee | 1520 |
organizations of the Ohio chapter of the American federation of | 1521 |
labor-congress of industrial organizations, who are selected by | 1522 |
the Ohio chapter of the American federation of labor-congress of | 1523 |
industrial organizations and who, on account of their previous | 1524 |
vocation, employment, or affiliations, can be classed as | 1525 |
representative of employees who are members of an employee | 1526 |
organization. Terms of office shall be for one year, with each | 1527 |
term ending on the same day of the same month as did the term that | 1528 |
it succeeds. | 1529 |
(2) Two individuals who, on account of their previous | 1530 |
vocation, employment, or affiliations, can be classed as | 1531 |
representative of employees, one of whom shall be an injured | 1532 |
worker with a valid, open, and active workers' compensation claim | 1533 |
and at least one of these two representatives also shall represent | 1534 |
employees who are not members of an employee organization. The | 1535 |
president of the senate and the speaker of the house of | 1536 |
representatives each shall appoint annually one of these members. | 1537 |
The member who is an injured worker shall serve for a full term | 1538 |
even if the member's workers' compensation claim is invalidated, | 1539 |
closed, or inactivated during the member's term. | 1540 |
(3) The chief executive officer, or the equivalent of the | 1541 |
chief executive officer, of the Ohio chamber of commerce, the Ohio | 1542 |
manufacturers' association, the Ohio self-insurers' association, | 1543 |
the Ohio council of retail merchants, and of either the national | 1544 |
federation of independent business or, and the Ohio farm bureau as | 1545 |
jointly selected by the national federation of independent | 1546 |
business and the Ohio farm bureau; | 1547 |
(B) Each member appointed under divisions (A)(1) and (2) of | 1556 |
this section shall hold office from the date of the member's | 1557 |
appointment until the end of the term for which the member was | 1558 |
appointed. Such members may be reappointed. Vacancies shall be | 1559 |
filled in the manner provided for original appointments. Any such | 1560 |
member appointed to fill a vacancy occurring prior to the | 1561 |
expiration date of the term for which the member's predecessor was | 1562 |
appointed shall hold office as a member for the remainder of that | 1563 |
term. Such a member shall continue in office subsequent to the | 1564 |
expiration date of the member's term until the member's successor | 1565 |
takes office or until a period of sixty days has elapsed, | 1566 |
whichever occurs first. | 1567 |
Sec. 4121.125. (A) The bureau of workers' compensation board | 1595 |
of directors, based upon recommendations of the workers' | 1596 |
compensation actuarial committee, may contract with one or more | 1597 |
outside actuarial firms and other professional persons, as the | 1598 |
board determines necessary, to assist the board in measuring the | 1599 |
performance of Ohio's workers' compensation system and in | 1600 |
comparing Ohio's workers' compensation system to other state and | 1601 |
private workers' compensation systems. The board, actuarial firm | 1602 |
or firms, and professional persons shall make such measurements | 1603 |
and comparisons using accepted insurance industry standards, | 1604 |
including, but not limited to, standards promulgated by the | 1605 |
National Council on Compensation Insurance. | 1606 |
(4) Have an actuary or a person who provides actuarial | 1632 |
services under the supervision of an actuary, at such time as the | 1633 |
board determines, and at least once during the five-year period | 1634 |
that commences on September 10, 2007, and once within each | 1635 |
five-year period thereafter, conduct an actuarial investigation of | 1636 |
the experience of employers, the mortality, service, and injury | 1637 |
rate of employees, and the payment of temporary total disability, | 1638 |
permanent partial disability, and permanent total disability under | 1639 |
sections 4123.56 to 4123.58 of the Revised Code to update the | 1640 |
actuarial assumptions used in the report required by division | 1641 |
(C)(1) of this section; | 1642 |
(F) The actuary or person whom the board designates to | 1687 |
conduct an actuarial investigation under division (C)(4) of this | 1688 |
section shall prepare a report of the actuarial investigation and | 1689 |
shall submit the report to the board. The actuary or person shall | 1690 |
prepare the report and make any recommended changes in actuarial | 1691 |
assumptions in accordance with the actuarial standards of practice | 1692 |
promulgated by the actuarial standards board of the American | 1693 |
academy of actuaries. The actuary or person shall include all of | 1694 |
the following information in the report: | 1695 |
(4) A statement of the financial impact of the legislation, | 1716 |
including the resulting increase, if any, in employer premiums, in | 1717 |
actuarial accrued liabilities, and, if an increase in actuarial | 1718 |
accrued liabilities is predicted, the per cent of premium increase | 1719 |
that would be required to amortize the increase in those | 1720 |
liabilities as a level per cent of employer premiums over a period | 1721 |
not to exceed thirty years. | 1722 |
(J) The administrator, with the advice and consent of the | 1738 |
board, shall employ an internal auditor who shall report findings | 1739 |
directly to the board, workers' compensation audit committee, and | 1740 |
administrator, except that the internal auditor shall not report | 1741 |
findings directly to the administrator when those findings involve | 1742 |
malfeasance, misfeasance, or nonfeasance on the part of the | 1743 |
administrator. The board and the workers' compensation audit | 1744 |
committee may request and review internal audits conducted by the | 1745 |
internal auditor. | 1746 |
Sec. 4121.32. (A) The rules covering operating procedure and | 1751 |
criteria for decision-making that the administrator of workers' | 1752 |
compensation and the industrial commission are required to adopt | 1753 |
pursuant to section 4121.31 of the Revised Code shall be | 1754 |
supplemented with operating manuals setting forth the procedural | 1755 |
steps in detail for performing each of the assigned tasks of each | 1756 |
section of the bureau of workers' compensation and commission. The | 1757 |
administrator and commission jointly shall adopt such manuals. No | 1758 |
employee may deviate from manual procedures without authorization | 1759 |
of the section chief. | 1760 |
(B) Manuals shall set forth the procedure for the assignment | 1761 |
and transfer of claims within sections and be designed to provide | 1762 |
performance objectives and may require employees to record | 1763 |
sufficient data to reasonably measure the efficiency of functions | 1764 |
in all sections. The bureau's division of research and statistics | 1765 |
bureau shall perform periodic cost-effectiveness analyses
which | 1766 |
that shall be made available to the general assembly, the | 1767 |
governor, and to the public during normal working hours. | 1768 |
(C) The bureau and commission jointly shall develop, adopt, | 1769 |
and use a policy manual setting forth the guidelines and bases for | 1770 |
decision-making for any decision which is the responsibility of | 1771 |
the bureau, district hearing officers, staff hearing officers, or | 1772 |
the commission. Guidelines shall be set forth in the policy manual | 1773 |
by the bureau and commission to the extent of their respective | 1774 |
jurisdictions for deciding at least the following specific | 1775 |
matters: | 1776 |
(D) The bureau shall establish, adopt, and implement policy | 1791 |
guidelines and bases for decisions involving reimbursement issues | 1792 |
including, but not limited to, the adjustment of invoices, the | 1793 |
reduction of payments for future services when an internal audit | 1794 |
concludes that a health care provider was overpaid or improperly | 1795 |
paid for past services, reimbursement fees, or other adjustments | 1796 |
to payments. These policy guidelines and bases for decisions, and | 1797 |
any changes to the guidelines and bases, shall be set forth in a | 1798 |
reimbursement manual and provider bulletins. | 1799 |
(C) The administrator of the bureau shall handle complaints | 1833 |
through the service offices, the claims section, and the ombudsman | 1834 |
ombudsperson program. The administrator shall provide toll free | 1835 |
telephone lines for employers and claimants in order to expedite | 1836 |
the handling of complaints. The bureau shall monitor complaint | 1837 |
traffic to ensure an adequacy of telephone service to bureau | 1838 |
offices. The division of research and statistics in the bureau | 1839 |
shall compile statistics on complaint subjects. Based upon those | 1840 |
compilations, the bureau shall revise procedures and rules to | 1841 |
correct major problem areas and submit data and recommendations | 1842 |
annually to the appropriate committees of the general assembly. | 1843 |
(D)(1) Information contained in a vendor's application for | 1901 |
certification in the health partnership program, and other | 1902 |
information furnished to the bureau by a vendor for purposes of | 1903 |
obtaining certification or to comply with performance and | 1904 |
financial auditing requirements established by the administrator, | 1905 |
is for the exclusive use and information of the bureau in the | 1906 |
discharge of its official duties, and shall not be open to the | 1907 |
public or be used in any court in any proceeding pending therein, | 1908 |
unless the bureau is a party to the action or proceeding, but the | 1909 |
information may be tabulated and published by the bureau in | 1910 |
statistical form for the use and information of other state | 1911 |
departments and the public. No employee of the bureau, except as | 1912 |
otherwise authorized by the administrator, shall divulge any | 1913 |
information secured by the employee while in the employ of the | 1914 |
bureau in respect to a vendor's application for certification or | 1915 |
in respect to the business or other trade processes of any vendor | 1916 |
to any person other than the administrator or to the employee's | 1917 |
superior. | 1918 |
(2) Notwithstanding the restrictions imposed by division | 1919 |
(D)(1) of this section, the governor, members of select or | 1920 |
standing committees of the senate or house of representatives, the | 1921 |
auditor of state, the attorney general, or their designees, | 1922 |
pursuant to the authority granted in this chapter and Chapter | 1923 |
4123. of the Revised Code, may examine any vendor application or | 1924 |
other information furnished to the bureau by the vendor. None of | 1925 |
those individuals shall divulge any information secured in the | 1926 |
exercise of that authority in respect to a vendor's application | 1927 |
for certification or in respect to the business or other trade | 1928 |
processes of any vendor to any person. | 1929 |
(G) The administrator, six months prior to the expiration of | 1941 |
the bureau's certification or recertification of the vendor or | 1942 |
vendors as set forth in division (B)(1) or (2) of this section, | 1943 |
may certify and provide evidence to the governor, the speaker of | 1944 |
the house of representatives, and the president of the senate that | 1945 |
the existing bureau staff is able to match or exceed the | 1946 |
performance and outcomes of the external vendor or vendors and | 1947 |
that the bureau should be permitted to internally administer the | 1948 |
health partnership program upon the expiration of the | 1949 |
certification or recertification as set forth in division (B)(1) | 1950 |
or (2) of this section. | 1951 |
(3) Publish and report compiled data to the governor, the | 1965 |
speaker of the house of representatives, and the president of the | 1966 |
senate on the first day of each January and July,on the measures | 1967 |
of outcomes and savings of the health partnership program and | 1968 |
submit the report to the president of the senate, the speaker of | 1969 |
the house of representatives, the governor, and the workers' | 1970 |
compensation council with the annual report prepared under | 1971 |
division (F)(3) of section 4121.12 of the Revised Code. The | 1972 |
administrator shall protect the confidentiality of all proprietary | 1973 |
pricing data. | 1974 |
(J) In areas outside the state or within the state where no | 1980 |
qualified health plan or an inadequate number of providers within | 1981 |
the health partnership program exist, the administrator shall | 1982 |
permit employees to use a nonplan or nonprogram health care | 1983 |
provider and shall pay the provider for the services or supplies | 1984 |
provided to or on behalf of an employee for an injury or | 1985 |
occupational disease that is compensable under this chapter or | 1986 |
Chapter 4123., 4127., or 4131. of the Revised Code on a fee | 1987 |
schedule the administrator adopts. | 1988 |
(K) No health care provider, whether certified or not, shall | 1989 |
charge, assess, or otherwise attempt to collect from an employee, | 1990 |
employer, a managed care organization, or the bureau any amount | 1991 |
for covered services or supplies that is in excess of the allowed | 1992 |
amount paid by a managed care organization, the bureau, or a | 1993 |
qualified health plan. | 1994 |
(L) The administrator shall permit any employer or group of | 1995 |
employers who agree to abide by the rules adopted under this | 1996 |
section and sections 4121.441 and 4121.442 of the Revised Code to | 1997 |
provide services or supplies to or on behalf of an employee for an | 1998 |
injury or occupational disease that is compensable under this | 1999 |
chapter or Chapter 4123., 4127., or 4131. of the Revised Code | 2000 |
through qualified health plans of the Ohio workers' compensation | 2001 |
qualified health plan system pursuant to section 4121.442 of the | 2002 |
Revised Code or through the health partnership program pursuant to | 2003 |
section 4121.441 of the Revised Code. No amount paid under the | 2004 |
qualified health plan system pursuant to section 4121.442 of the | 2005 |
Revised Code by an employer who is a state fund employer shall be | 2006 |
charged to the employer's experience or otherwise be used in | 2007 |
merit-rating or determining the risk of that employer for the | 2008 |
purpose of the payment of premiums under this chapter, and if the | 2009 |
employer is a self-insuring employer, the employer shall not | 2010 |
include that amount in the paid compensation the employer reports | 2011 |
under section 4123.35 of the Revised Code. | 2012 |
Sec. 4121.68. In the event a claimant sustains an injury or | 2013 |
occupational disease or dies as a result of any injury or disease | 2014 |
received in the course of and arising out of histhe claimant's | 2015 |
participation in a rehabilitation program, the claimant or, in the | 2016 |
case of death, a dependent of the claimant, may file a claim for | 2017 |
compensation and benefits as if the claimant's employer were the | 2018 |
bureau of workers' compensation. All compensation and benefit | 2019 |
awards made as a result of the injury, disease, or death shall be | 2020 |
charged to the surplus fund account, created pursuant to section | 2021 |
4123.34 of the Revised Code, and not charged through the state | 2022 |
insurance fund to the employer against which the claim was allowed | 2023 |
so long as the employer pays assessments into the surplus fund | 2024 |
account for the payment of such compensation and benefits. | 2025 |
Sec. 4123.35. (A) Except as provided in this section, every | 2026 |
employer mentioned in division (B)(2) of section 4123.01 of the | 2027 |
Revised Code, and every publicly owned utility shall pay | 2028 |
semiannually in the months of January and July into the state | 2029 |
insurance fund the amount of annual premium the administrator of | 2030 |
workers' compensation fixes for the employment or occupation of | 2031 |
the employer, the amount of which premium to be paid by each | 2032 |
employer to be determined by the classifications, rules, and rates | 2033 |
made and published by the administrator. The employer shall pay | 2034 |
semiannually a further sum of money into the state insurance fund | 2035 |
as may be ascertained to be due from the employer by applying the | 2036 |
rules of the administrator, and a receipt or certificate | 2037 |
certifying that payment has been made, along with a written notice | 2038 |
as is required in section 4123.54 of the Revised Code, shall be | 2039 |
mailed immediately to the employer by the bureau of workers' | 2040 |
compensation. The receipt or certificate is prima-facie evidence | 2041 |
of the payment of the premium, and the proper posting of the | 2042 |
notice constitutes the employer's compliance with the notice | 2043 |
requirement mandated in section 4123.54 of the Revised Code. | 2044 |
Division (A) of this section providing for the payment of | 2055 |
premiums semiannually does not apply to any employer who was a | 2056 |
subscriber to the state insurance fund prior to January 1, 1914, | 2057 |
or who may first become a subscriber to the fund in any month | 2058 |
other than January or July. Instead, the semiannual premiums shall | 2059 |
be paid by those employers from time to time upon the expiration | 2060 |
of the respective periods for which payments into the fund have | 2061 |
been made by them. | 2062 |
The administrator shall adopt rules to permit employers to | 2063 |
make periodic payments of the semiannual premium due under this | 2064 |
division. The rules shall include provisions for the assessment of | 2065 |
interest charges, where appropriate, and for the assessment of | 2066 |
penalties when an employer fails to make timely premium payments. | 2067 |
An employer who timely pays the amounts due under this division is | 2068 |
entitled to all of the benefits and protections of this chapter. | 2069 |
Upon receipt of payment, the bureau immediately shall mail a | 2070 |
receipt or certificate to the employer certifying that payment has | 2071 |
been made, which receipt is prima-facie evidence of payment. | 2072 |
Workers' compensation coverage under this chapter continues | 2073 |
uninterrupted upon timely receipt of payment under this division. | 2074 |
(B) Employers who will abide by the rules of the | 2079 |
administrator and who may be of sufficient financial ability to | 2080 |
render certain the payment of compensation to injured employees or | 2081 |
the dependents of killed employees, and the furnishing of medical, | 2082 |
surgical, nursing, and hospital attention and services and | 2083 |
medicines, and funeral expenses, equal to or greater than is | 2084 |
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64 | 2085 |
to 4123.67 of the Revised Code, and who do not desire to insure | 2086 |
the payment thereof or indemnify themselves against loss sustained | 2087 |
by the direct payment thereof, upon a finding of such facts by the | 2088 |
administrator, may be granted the privilege to pay individually | 2089 |
compensation, and furnish medical, surgical, nursing, and hospital | 2090 |
services and attention and funeral expenses directly to injured | 2091 |
employees or the dependents of killed employees, thereby being | 2092 |
granted status as a self-insuring employer. The administrator may | 2093 |
charge employers who apply for the status as a self-insuring | 2094 |
employer a reasonable application fee to cover the bureau's costs | 2095 |
in connection with processing and making a determination with | 2096 |
respect to an application. | 2097 |
The administrator may waive the requirements of divisions | 2138 |
(B)(1)(a) and (b) of this section and the requirement of division | 2139 |
(B)(1)(e) of this section that the financial records, documents, | 2140 |
and data be certified by a certified public accountant. The | 2141 |
administrator shall adopt rules establishing the criteria that an | 2142 |
employer shall meet in order for the administrator to waive the | 2143 |
requirement of division (B)(1)(e) of this section. Such rules may | 2144 |
require additional security of that employer pursuant to division | 2145 |
(E) of section 4123.351 of the Revised Code. | 2146 |
The administrator shall not approve the application of a | 2207 |
public employer, except for a board of county commissioners | 2208 |
described in division (G) of section 4123.01 of the Revised Code, | 2209 |
a board of a county hospital, or publicly owned utility, who does | 2210 |
not satisfy all of the requirements listed in division (B)(2) of | 2211 |
this section.The administrator may adopt rules establishing the | 2212 |
criteria that a public employer shall satisfy in order for the | 2213 |
administrator to waive any of the requirements listed in divisions | 2214 |
(B)(2)(a) to (j) of this section. The rules may require additional | 2215 |
security from that employer pursuant to division (E) of section | 2216 |
4123.351 of the Revised Code. The administrator shall not waive | 2217 |
any of the requirements listed in divisions (B)(2)(a) to (j) of | 2218 |
this section for a public employer who does not satisfy the | 2219 |
criteria established in the rules the administrator adopts. | 2220 |
(C) A board of county commissioners described in division (G) | 2221 |
of section 4123.01 of the Revised Code, as an employer, that will | 2222 |
abide by the rules of the administrator and that may be of | 2223 |
sufficient financial ability to render certain the payment of | 2224 |
compensation to injured employees or the dependents of killed | 2225 |
employees, and the furnishing of medical, surgical, nursing, and | 2226 |
hospital attention and services and medicines, and funeral | 2227 |
expenses, equal to or greater than is provided for in sections | 2228 |
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised | 2229 |
Code, and that does not desire to insure the payment thereof or | 2230 |
indemnify itself against loss sustained by the direct payment | 2231 |
thereof, upon a finding of such facts by the administrator, may be | 2232 |
granted the privilege to pay individually compensation, and | 2233 |
furnish medical, surgical, nursing, and hospital services and | 2234 |
attention and funeral expenses directly to injured employees or | 2235 |
the dependents of killed employees, thereby being granted status | 2236 |
as a self-insuring employer. The administrator may charge a board | 2237 |
of county commissioners described in division (G) of section | 2238 |
4123.01 of the Revised Code that applies for the status as a | 2239 |
self-insuring employer a reasonable application fee to cover the | 2240 |
bureau's costs in connection with processing and making a | 2241 |
determination with respect to an application. All employers | 2242 |
granted such status shall demonstrate sufficient financial and | 2243 |
administrative ability to assure that all obligations under this | 2244 |
section are promptly met. The administrator shall deny the | 2245 |
privilege where the employer is unable to demonstrate the | 2246 |
employer's ability to promptly meet all the obligations imposed on | 2247 |
the employer by this section. The administrator shall consider, | 2248 |
but is not limited to, the following factors, where applicable, in | 2249 |
determining the employer's ability to meet all of the obligations | 2250 |
imposed on the board as an employer by this section: | 2251 |
(D) The administrator shall require a surety bond from all | 2282 |
self-insuring employers, issued pursuant to section 4123.351 of | 2283 |
the Revised Code, that is sufficient to compel, or secure to | 2284 |
injured employees, or to the dependents of employees killed, the | 2285 |
payment of compensation and expenses, which shall in no event be | 2286 |
less than that paid or furnished out of the state insurance fund | 2287 |
in similar cases to injured employees or to dependents of killed | 2288 |
employees whose employers contribute to the fund, except when an | 2289 |
employee of the employer, who has suffered the loss of a hand, | 2290 |
arm, foot, leg, or eye prior to the injury for which compensation | 2291 |
is to be paid, and thereafter suffers the loss of any other of the | 2292 |
members as the result of any injury sustained in the course of and | 2293 |
arising out of the employee's employment, the compensation to be | 2294 |
paid by the self-insuring employer is limited to the disability | 2295 |
suffered in the subsequent injury, additional compensation, if | 2296 |
any, to be paid by the bureau out of the surplus created by | 2297 |
section 4123.34 of the Revised Code. | 2298 |
(E) In addition to the requirements of this section, the | 2299 |
administrator shall make and publish rules governing the manner of | 2300 |
making application and the nature and extent of the proof required | 2301 |
to justify a finding of fact by the administrator as to granting | 2302 |
the status of a self-insuring employer, which rules shall be | 2303 |
general in their application, one of which rules shall provide | 2304 |
that all self-insuring employers shall pay into the state | 2305 |
insurance fund such amounts as are required to be credited to the | 2306 |
surplus fund in division (B) of section 4123.34 of the Revised | 2307 |
Code. The administrator may adopt rules establishing requirements | 2308 |
in addition to the requirements described in division (B)(2) of | 2309 |
this section that a public employer shall meet in order to qualify | 2310 |
for self-insuring status. | 2311 |
Employers shall secure directly from the bureau central | 2312 |
offices application forms upon which the bureau shall stamp a | 2313 |
designating number. Prior to submission of an application, an | 2314 |
employer shall make available to the bureau, and the bureau shall | 2315 |
review, the information described in division (B)(1) of this | 2316 |
section, and public employers shall make available, and the bureau | 2317 |
shall review, the information necessary to verify whether the | 2318 |
public employer meets the requirements listed in division (B)(2) | 2319 |
of this section. An employer shall file the completed application | 2320 |
forms with an application fee, which shall cover the costs of | 2321 |
processing the application, as established by the administrator, | 2322 |
by rule, with the bureau at least ninety days prior to the | 2323 |
effective date of the employer's new status as a self-insuring | 2324 |
employer. The application form is not deemed complete until all | 2325 |
the required information is attached thereto. The bureau shall | 2326 |
only accept applications that contain the required information. | 2327 |
(F) The bureau shall review completed applications within a | 2328 |
reasonable time. If the bureau determines to grant an employer the | 2329 |
status as a self-insuring employer, the bureau shall issue a | 2330 |
statement, containing its findings of fact, that is prepared by | 2331 |
the bureau and signed by the administrator. If the bureau | 2332 |
determines not to grant the status as a self-insuring employer, | 2333 |
the bureau shall notify the employer of the determination and | 2334 |
require the employer to continue to pay its full premium into the | 2335 |
state insurance fund. The administrator also shall adopt rules | 2336 |
establishing a minimum level of performance as a criterion for | 2337 |
granting and maintaining the status as a self-insuring employer | 2338 |
and fixing time limits beyond which failure of the self-insuring | 2339 |
employer to provide for the necessary medical examinations and | 2340 |
evaluations may not delay a decision on a claim. | 2341 |
(J) On the first day of July of each year, the administrator | 2381 |
shall calculate separately each self-insuring employer's | 2382 |
assessments for the safety and hygiene fund, administrative costs | 2383 |
pursuant to section 4123.342 of the Revised Code, and for the | 2384 |
portion of the surplus fund under division (B) of section 4123.34 | 2385 |
of the Revised Code that is not used for handicapped | 2386 |
reimbursement, on the basis of the paid compensation attributable | 2387 |
to the individual self-insuring employer according to the | 2388 |
following calculation: | 2389 |
(2) Multiply the quotient in division (J)(1) of this section | 2396 |
by the total amount of paid compensation for the previous calendar | 2397 |
year that is attributable to the individual self-insuring employer | 2398 |
for whom the assessment is being determined. Each self-insuring | 2399 |
employer shall pay the assessment that results from this | 2400 |
calculation, unless the assessment resulting from this calculation | 2401 |
falls below a minimum assessment, which minimum assessment the | 2402 |
administrator shall determine on the first day of July of each | 2403 |
year with the advice and consent of the bureau of workers' | 2404 |
compensation board of directors, in which event, the self-insuring | 2405 |
employer shall pay the minimum assessment. | 2406 |
The administrator shall calculate the assessment for the | 2413 |
portion of the surplus fund under division (B) of section 4123.34 | 2414 |
of the Revised Code that is used for handicapped reimbursement in | 2415 |
the same manner as set forth in divisions (J)(1) and (2) of this | 2416 |
section except that the administrator shall calculate the total | 2417 |
assessment for this portion of the surplus fund only on the basis | 2418 |
of those self-insuring employers that retain participation in the | 2419 |
handicapped reimbursement program and the individual self-insuring | 2420 |
employer's proportion of paid compensation shall be calculated | 2421 |
only for those self-insuring employers who retain participation in | 2422 |
the handicapped reimbursement program. The administrator, as the | 2423 |
administrator determines appropriate, may determine the total | 2424 |
assessment for the handicapped portion of the surplus fund in | 2425 |
accordance with sound actuarial principles. | 2426 |
The administrator shall calculate the assessment for the | 2427 |
portion of the surplus fund under division (B) of section 4123.34 | 2428 |
of the Revised Code that under division (D) of section 4121.66 of | 2429 |
the Revised Code is used for rehabilitation costs in the same | 2430 |
manner as set forth in divisions (J)(1) and (2) of this section, | 2431 |
except that the administrator shall calculate the total assessment | 2432 |
for this portion of the surplus fund only on the basis of those | 2433 |
self-insuring employers who have not made the election to make | 2434 |
payments directly under division (D) of section 4121.66 of the | 2435 |
Revised Code and an individual self-insuring employer's proportion | 2436 |
of paid compensation only for those self-insuring employers who | 2437 |
have not made that election. | 2438 |
The administrator shall calculate the assessment for the | 2439 |
portion of the surplus fund under division (B) of section 4123.34 | 2440 |
of the Revised Code that is used for reimbursement to a | 2441 |
self-insuring employer under division (H) of section 4123.512 of | 2442 |
the Revised Code in the same manner as set forth in divisions | 2443 |
(J)(1) and (2) of this section except that the administrator shall | 2444 |
calculate the total assessment for this portion of the surplus | 2445 |
fund only on the basis of those self-insuring employers that | 2446 |
retain participation in reimbursement to the self-insuring | 2447 |
employer under division (H) of section 4123.512 of the Revised | 2448 |
Code and the individual self-insuring employer's proportion of | 2449 |
paid compensation shall be calculated only for those self-insuring | 2450 |
employers who retain participation in reimbursement to the | 2451 |
self-insuring employer under division (H) of section 4123.512 of | 2452 |
the Revised Code. | 2453 |
(K) The administrator shall deposit any moneys received from | 2461 |
a self-insuring employer for the self-insuring employer's | 2462 |
assessment to pay the costs solely attributable to the workers' | 2463 |
compensation council into the administrative assessment account | 2464 |
described in division (B) of section 4123.342 of the Revised Code | 2465 |
for the administrative cost assessment collected by the | 2466 |
administrator for the council. There is hereby created in the | 2467 |
state treasury the self-insurance assessment fund. All investment | 2468 |
earnings of the fund shall be deposited in the fund. The | 2469 |
administrator shall use the money in the self-insurance assessment | 2470 |
fund only for administrative costs as specified in section | 2471 |
4123.341 of the Revised Code. | 2472 |
(L) Every self-insuring employer shall certify, in affidavit | 2473 |
form subject to the penalty for perjury, to the bureau the amount | 2474 |
of the self-insuring employer's paid compensation for the previous | 2475 |
calendar year. In reporting paid compensation paid for the | 2476 |
previous year, a self-insuring employer shall exclude from the | 2477 |
total amount of paid compensation any reimbursement the | 2478 |
self-insuring employer receives in the previous calendar year from | 2479 |
the surplus fund pursuant to section 4123.512 of the Revised Code | 2480 |
for any paid compensation. The self-insuring employer also shall | 2481 |
exclude from the paid compensation reported any amount recovered | 2482 |
under section 4123.931 of the Revised Code and any amount that is | 2483 |
determined not to have been payable to or on behalf of a claimant | 2484 |
in any final administrative or judicial proceeding. The | 2485 |
self-insuring employer shall exclude such amounts from the paid | 2486 |
compensation reported in the reporting period subsequent to the | 2487 |
date the determination is made. The administrator shall adopt | 2488 |
rules, in accordance with Chapter 119. of the Revised Code, that | 2489 |
provide for all of the following: | 2490 |
(M) As used in this section, "paid compensation" means all | 2529 |
amounts paid by a self-insuring employer for living maintenance | 2530 |
benefits, all amounts for compensation paid pursuant to sections | 2531 |
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and | 2532 |
4123.64 of the Revised Code, all amounts paid as wages in lieu of | 2533 |
such compensation, all amounts paid in lieu of such compensation | 2534 |
under a nonoccupational accident and sickness program fully funded | 2535 |
by the self-insuring employer, and all amounts paid by a | 2536 |
self-insuring employer for a violation of a specific safety | 2537 |
standard pursuant to Section 35 of Article II, Ohio Constitution | 2538 |
and section 4121.47 of the Revised Code. | 2539 |
(O) The administrator may grant a self-insuring employer the | 2547 |
privilege to self-insure a construction project entered into by | 2548 |
the self-insuring employer that is scheduled for completion within | 2549 |
six years after the date the project begins, and the total cost of | 2550 |
which is estimated to exceed one hundred million dollars or, for | 2551 |
employers described in division (R) of this section, if the | 2552 |
construction project is estimated to exceed twenty-five million | 2553 |
dollars. The administrator may waive such cost and time criteria | 2554 |
and grant a self-insuring employer the privilege to self-insure a | 2555 |
construction project regardless of the time needed to complete the | 2556 |
construction project and provided that the cost of the | 2557 |
construction project is estimated to exceed fifty million dollars. | 2558 |
A self-insuring employer who desires to self-insure a construction | 2559 |
project shall submit to the administrator an application listing | 2560 |
the dates the construction project is scheduled to begin and end, | 2561 |
the estimated cost of the construction project, the contractors | 2562 |
and subcontractors whose employees are to be self-insured by the | 2563 |
self-insuring employer, the provisions of a safety program that is | 2564 |
specifically designed for the construction project, and a | 2565 |
statement as to whether a collective bargaining agreement | 2566 |
governing the rights, duties, and obligations of each of the | 2567 |
parties to the agreement with respect to the construction project | 2568 |
exists between the self-insuring employer and a labor | 2569 |
organization. | 2570 |
Upon approval of the application, the administrator shall | 2578 |
mail a certificate granting the privilege to self-insure the | 2579 |
construction project to the self-insuring employer. The | 2580 |
certificate shall contain the name of the self-insuring employer | 2581 |
and the name, address, and telephone number of the self-insuring | 2582 |
employer's representatives who are responsible for administering | 2583 |
workers' compensation claims for the construction project. The | 2584 |
self-insuring employer shall post the certificate in a conspicuous | 2585 |
place at the site of the construction project. | 2586 |
Upon approval of the application, the self-insuring employer | 2593 |
is responsible for the administration and payment of all claims | 2594 |
under this chapter and Chapter 4121. of the Revised Code for the | 2595 |
employees of the contractor and subcontractors covered under the | 2596 |
certificate who receive injuries or are killed in the course of | 2597 |
and arising out of employment on the construction project, or who | 2598 |
contract an occupational disease in the course of employment on | 2599 |
the construction project. For purposes of this chapter and Chapter | 2600 |
4121. of the Revised Code, a claim that is administered and paid | 2601 |
in accordance with this division is considered a claim against the | 2602 |
self-insuring employer listed in the certificate. A contractor or | 2603 |
subcontractor included under the certificate shall report to the | 2604 |
self-insuring employer listed in the certificate, all claims that | 2605 |
arise under this chapter and Chapter 4121. of the Revised Code in | 2606 |
connection with the construction project for which the certificate | 2607 |
is issued. | 2608 |
A self-insuring employer who complies with this division is | 2609 |
entitled to the protections provided under this chapter and | 2610 |
Chapter 4121. of the Revised Code with respect to the employees of | 2611 |
the contractors and subcontractors covered under a certificate | 2612 |
issued under this division for death or injuries that arise out | 2613 |
of, or death, injuries, or occupational diseases that arise in the | 2614 |
course of, those employees' employment on that construction | 2615 |
project, as if the employees were employees of the self-insuring | 2616 |
employer, provided that the self-insuring employer also complies | 2617 |
with this section. No employee of the contractors and | 2618 |
subcontractors covered under a certificate issued under this | 2619 |
division shall be considered the employee of the self-insuring | 2620 |
employer listed in that certificate for any purposes other than | 2621 |
this chapter and Chapter 4121. of the Revised Code. Nothing in | 2622 |
this division gives a self-insuring employer authority to control | 2623 |
the means, manner, or method of employment of the employees of the | 2624 |
contractors and subcontractors covered under a certificate issued | 2625 |
under this division. | 2626 |
The contractors and subcontractors included under a | 2627 |
certificate issued under this division are entitled to the | 2628 |
protections provided under this chapter and Chapter 4121. of the | 2629 |
Revised Code with respect to the contractor's or subcontractor's | 2630 |
employees who are employed on the construction project which is | 2631 |
the subject of the certificate, for death or injuries that arise | 2632 |
out of, or death, injuries, or occupational diseases that arise in | 2633 |
the course of, those employees' employment on that construction | 2634 |
project. | 2635 |
The contractors and subcontractors included under a | 2636 |
certificate issued under this division shall identify in their | 2637 |
payroll records the employees who are considered the employees of | 2638 |
the self-insuring employer listed in that certificate for purposes | 2639 |
of this chapter and Chapter 4121. of the Revised Code, and the | 2640 |
amount that those employees earned for employment on the | 2641 |
construction project that is the subject of that certificate. | 2642 |
Notwithstanding any provision to the contrary under this chapter | 2643 |
and Chapter 4121. of the Revised Code, the administrator shall | 2644 |
exclude the payroll that is reported for employees who are | 2645 |
considered the employees of the self-insuring employer listed in | 2646 |
that certificate, and that the employees earned for employment on | 2647 |
the construction project that is the subject of that certificate, | 2648 |
when determining those contractors' or subcontractors' premiums or | 2649 |
assessments required under this chapter and Chapter 4121. of the | 2650 |
Revised Code. A self-insuring employer issued a certificate under | 2651 |
this division shall include in the amount of paid compensation it | 2652 |
reports pursuant to division (L) of this section, the amount of | 2653 |
paid compensation the self-insuring employer paid pursuant to this | 2654 |
division for the previous calendar year. | 2655 |
(2) Whether the safety program that is specifically designed | 2701 |
for the construction project provides for the safety of employees | 2702 |
employed on the construction project, is applicable to all | 2703 |
contractors and subcontractors who perform labor or work or | 2704 |
provide materials for the construction project, and has as a | 2705 |
component, a safety training program that complies with standards | 2706 |
adopted pursuant to the "Occupational Safety and Health Act of | 2707 |
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing | 2708 |
management and employee involvement; | 2709 |
(2) "State institution of higher education" means the state | 2735 |
universities listed in section 3345.011 of the Revised Code, | 2736 |
community colleges created pursuant to Chapter 3354. of the | 2737 |
Revised Code, university branches created pursuant to Chapter | 2738 |
3355. of the Revised Code, technical colleges created pursuant to | 2739 |
Chapter 3357. of the Revised Code, and state community colleges | 2740 |
created pursuant to Chapter 3358. of the Revised Code. | 2741 |
Sec. 4123.512. (A) The claimant or the employer may appeal | 2742 |
an order of the industrial commission made under division (E) of | 2743 |
section 4123.511 of the Revised Code in any injury or occupational | 2744 |
disease case, other than a decision as to the extent of disability | 2745 |
to the court of common pleas of the county in which the injury was | 2746 |
inflicted or in which the contract of employment was made if the | 2747 |
injury occurred outside the state, or in which the contract of | 2748 |
employment was made if the exposure occurred outside the state. If | 2749 |
no common pleas court has jurisdiction for the purposes of an | 2750 |
appeal by the use of the jurisdictional requirements described in | 2751 |
this division, the appellant may use the venue provisions in the | 2752 |
Rules of Civil Procedure to vest jurisdiction in a court. If the | 2753 |
claim is for an occupational disease, the appeal shall be to the | 2754 |
court of common pleas of the county in which the exposure which | 2755 |
caused the disease occurred. Like appeal may be taken from an | 2756 |
order of a staff hearing officer made under division (D) of | 2757 |
section 4123.511 of the Revised Code from which the commission has | 2758 |
refused to hear an appeal. The appellant shall file the notice of | 2759 |
appeal with a court of common pleas within sixty days after the | 2760 |
date of the receipt of the order appealed from or the date of | 2761 |
receipt of the order of the commission refusing to hear an appeal | 2762 |
of a staff hearing officer's decision under division (D) of | 2763 |
section 4123.511 of the Revised Code. The filing of the notice of | 2764 |
the appeal with the court is the only act required to perfect the | 2765 |
appeal. | 2766 |
Notwithstanding anything to the contrary in this section, if | 2771 |
the commission determines under section 4123.522 of the Revised | 2772 |
Code that an employee, employer, or their respective | 2773 |
representatives have not received written notice of an order or | 2774 |
decision which is appealable to a court under this section and | 2775 |
which grants relief pursuant to section 4123.522 of the Revised | 2776 |
Code, the party granted the relief has sixty days from receipt of | 2777 |
the order under section 4123.522 of the Revised Code to file a | 2778 |
notice of appeal under this section. | 2779 |
The administrator of workers' compensation, the claimant, and | 2784 |
the employer shall be parties to the appeal and the court, upon | 2785 |
the application of the commission, shall make the commission a | 2786 |
party. The party filing the appeal shall serve a copy of the | 2787 |
notice of appeal on the administrator at the central office of the | 2788 |
bureau of workers' compensation in Columbus. The administrator | 2789 |
shall notify the employer that if the employer fails to become an | 2790 |
active party to the appeal, then the administrator may act on | 2791 |
behalf of the employer and the results of the appeal could have an | 2792 |
adverse effect upon the employer's premium rates. | 2793 |
(C) The attorney general or one or more of the attorney | 2794 |
general's assistants or special counsel designated by the attorney | 2795 |
general shall represent the administrator and the commission. In | 2796 |
the event the attorney general or the attorney general's | 2797 |
designated assistants or special counsel are absent, the | 2798 |
administrator or the commission shall select one or more of the | 2799 |
attorneys in the employ of the administrator or the commission as | 2800 |
the administrator's attorney or the commission's attorney in the | 2801 |
appeal. Any attorney so employed shall continue the representation | 2802 |
during the entire period of the appeal and in all hearings thereof | 2803 |
except where the continued representation becomes impractical. | 2804 |
The claimant shall, within thirty days after the filing of | 2808 |
the notice of appeal, file a petition containing a statement of | 2809 |
facts in ordinary and concise language showing a cause of action | 2810 |
to participate or to continue to participate in the fund and | 2811 |
setting forth the basis for the jurisdiction of the court over the | 2812 |
action. Further pleadings shall be had in accordance with the | 2813 |
Rules of Civil Procedure, provided that service of summons on such | 2814 |
petition shall not be required and provided that the claimant may | 2815 |
not dismiss the complaint without the employer's consent if the | 2816 |
employer is the party that filed the notice of appeal to court | 2817 |
pursuant to this section. The clerk of the court shall, upon | 2818 |
receipt thereof, transmit by certified mail a copy thereof to each | 2819 |
party named in the notice of appeal other than the claimant. Any | 2820 |
party may file with the clerk prior to the trial of the action a | 2821 |
deposition of any physician taken in accordance with the | 2822 |
provisions of the Revised Code, which deposition may be read in | 2823 |
the trial of the action even though the physician is a resident of | 2824 |
or subject to service in the county in which the trial is had. The | 2825 |
bureau of workers' compensation shall pay the cost of the | 2826 |
stenographic deposition filed in court and of copies of the | 2827 |
stenographic deposition for each party from the surplus fund and | 2828 |
charge the costs thereof against the unsuccessful party if the | 2829 |
claimant's right to participate or continue to participate is | 2830 |
finally sustained or established in the appeal. In the event the | 2831 |
deposition is taken and filed, the physician whose deposition is | 2832 |
taken is not required to respond to any subpoena issued in the | 2833 |
trial of the action. The court, or the jury under the instructions | 2834 |
of the court, if a jury is demanded, shall determine the right of | 2835 |
the claimant to participate or to continue to participate in the | 2836 |
fund upon the evidence adduced at the hearing of the action. | 2837 |
(F) The cost of any legal proceedings authorized by this | 2842 |
section, including an attorney's fee to the claimant's attorney to | 2843 |
be fixed by the trial judge, based upon the effort expended, in | 2844 |
the event the claimant's right to participate or to continue to | 2845 |
participate in the fund is established upon the final | 2846 |
determination of an appeal, shall be taxed against the employer or | 2847 |
the commission if the commission or the administrator rather than | 2848 |
the employer contested the right of the claimant to participate in | 2849 |
the fund. The attorney's fee shall not exceed forty-two hundred | 2850 |
dollars. | 2851 |
(H)(1) An appeal from an order issued under division (E) of | 2858 |
section 4123.511 of the Revised Code or any action filed in court | 2859 |
in a case in which an award of compensation or medical benefits | 2860 |
has been made shall not stay the payment of compensation or | 2861 |
medical benefits under the award, or payment for subsequent | 2862 |
periods of total disability or medical benefits during the | 2863 |
pendency of the appeal. If, in a final administrative or judicial | 2864 |
action, it is determined that payments of compensation or | 2865 |
benefits, or both, made to or on behalf of a claimant should not | 2866 |
have been made, the amount thereof shall be charged to the surplus | 2867 |
fund account under division (A)(B) of section 4123.34 of the | 2868 |
Revised Code. In the event the employer is a state risk, the | 2869 |
amount shall not be charged to the employer's experience, and the | 2870 |
administrator shall adjust the employer's account accordingly. In | 2871 |
the event the employer is a self-insuring employer, the | 2872 |
self-insuring employer shall deduct the amount from the paid | 2873 |
compensation the self-insuring employer reports to the | 2874 |
administrator under division (L) of section 4123.35 of the Revised | 2875 |
Code. | 2876 |
(b) Payments made under division (H)(1) of this section shall | 2891 |
be charged to the surplus fund account under division (B) of | 2892 |
section 4123.34 of the Revised Code. If the employer of the | 2893 |
employee who is the subject of a claim described in division | 2894 |
(H)(2)(a) of this section is a state fund employer, the payments | 2895 |
made under that division shall not be charged to the employer's | 2896 |
experience. If that employer is a self-insuring employer, the | 2897 |
self-insuring employer shall deduct the amount from the paid | 2898 |
compensation the self-insuring employer reports to the | 2899 |
administrator under division (L) of section 4123.35 of the Revised | 2900 |
Code. | 2901 |
(3) A self-insuring employer may elect to pay compensation | 2906 |
and benefits under this section directly to an employee or an | 2907 |
employee's dependents by filing an application with the bureau of | 2908 |
workers' compensation not more than one hundred eighty days and | 2909 |
not less than ninety days before the first day of the employer's | 2910 |
next six-month coverage period. If the self-insuring employer | 2911 |
timely files the application, the application is effective on the | 2912 |
first day of the employer's next six-month coverage period, | 2913 |
provided that the administrator shall compute the employer's | 2914 |
assessment for the surplus fund account due with respect to the | 2915 |
period during which that application was filed without regard to | 2916 |
the filing of the application. On and after the effective date of | 2917 |
the employer's election, the self-insuring employer shall pay | 2918 |
directly to an employee or to an employee's dependents | 2919 |
compensation and benefits under this section regardless of the | 2920 |
date of the injury or occupational disease, and the employer shall | 2921 |
receive no money or credits from the surplus fund account on | 2922 |
account of those payments and shall not be required to pay any | 2923 |
amounts into the surplus fund account on account of this section. | 2924 |
The election made under this division is irrevocable. | 2925 |
Sec. 4123.52. (A) The jurisdiction of the industrial | 2938 |
commission and the authority of the administrator of workers' | 2939 |
compensation over each case is continuing, and the commission may | 2940 |
make such modification or change with respect to former findings | 2941 |
or orders with respect thereto, as, in its opinion is justified. | 2942 |
No modification or change nor any finding or award in respect of | 2943 |
any claim shall be made with respect to disability, compensation, | 2944 |
dependency, or benefits, after five years from the date of injury | 2945 |
in the absence of the payment of medical benefits under this | 2946 |
chapter or in the absence of payment of compensation under section | 2947 |
4123.57, 4123.58, or division (A) or (B) of section 4123.56 of the | 2948 |
Revised Code or wages in lieu of compensation in a manner so as to | 2949 |
satisfy the requirements of section 4123.84 of the Revised Code, | 2950 |
in which event the modification, change, finding, or award shall | 2951 |
be made within five years from the date of the last payment of | 2952 |
compensation or from the date of death, nor unless written notice | 2953 |
of claim for the specific part or parts of the body injured or | 2954 |
disabled has been given as provided in section 4123.84 or 4123.85 | 2955 |
of the Revised Code. The commission shall not make any | 2956 |
modification, change, finding, or award which shall award | 2957 |
compensation for a back period in excess of two years prior to the | 2958 |
date of filing application therefor. This | 2959 |
(B) Notwithstanding division (A) of this section, and except | 2960 |
as otherwise provided in a rule that shall be adopted by the | 2961 |
administrator, with the advice and consent of the bureau of | 2962 |
workers' compensation board of directors, neither the | 2963 |
administrator nor the commission shall make any finding or award | 2964 |
for payment of medical or vocational rehabilitation services | 2965 |
submitted for payment more than one year after the date the | 2966 |
services were rendered or more than one year after the date the | 2967 |
services became payable under division (I) of section 4123.511 of | 2968 |
the Revised Code, whichever is later. No medical or vocational | 2969 |
rehabilitation provider shall bill a claimant for services | 2970 |
rendered if the administrator or commission is prohibited from | 2971 |
making that payment under this division. | 2972 |
(G) The commission and administrator of workers' compensation | 2992 |
each may, by general rules, provide for the retention and | 2993 |
destruction of all other records in their possession or under | 2994 |
their control pursuant to section 121.211 and sections 149.34 to | 2995 |
149.36 of the Revised Code. The bureau of workers' compensation | 2996 |
may purchase or rent required equipment for the document retention | 2997 |
media, as determined necessary to preserve the records. | 2998 |
Photographs, microphotographs, microfilm, films, or other direct | 2999 |
document retention media, when properly identified, have the same | 3000 |
effect as the original record and may be offered in like manner | 3001 |
and may be received as evidence in proceedings before the | 3002 |
industrial commission, staff hearing officers, and district | 3003 |
hearing officers, and in any court where the original record could | 3004 |
have been introduced. | 3005 |
(ii) Within the three years immediately preceding the | 3021 |
appointment, the member has not been employed by the public | 3022 |
employees retirement system, police and fire pension fund, state | 3023 |
teachers retirement system, school employees retirement system, or | 3024 |
state highway patrol retirement system or by any person, | 3025 |
partnership, or corporation that has provided to one of those | 3026 |
retirement systems services of a financial or investment nature, | 3027 |
including the management, analysis, supervision, or investment of | 3028 |
assets. | 3029 |
(ii) Within the three years immediately preceding the | 3042 |
appointment, each investment expert member shall not have been | 3043 |
employed by the public employees retirement system, police and | 3044 |
fire pension fund, state teachers retirement system, school | 3045 |
employees retirement system, or state highway patrol retirement | 3046 |
system or by any person, partnership, or corporation that has | 3047 |
provided to one of those retirement systems services of a | 3048 |
financial or investment nature, including the management, | 3049 |
analysis, supervision, or investment of assets. | 3050 |
(2) The board shall annually elect a chairperson and | 3054 |
vice-chairperson from among its members. The vice-chairperson | 3055 |
shall act as chairperson in the absence of the chairperson. A | 3056 |
majority of the members of the board shall constitute a quorum and | 3057 |
any action taken shall be approved by a majority of the members of | 3058 |
the board. The board shall meet not less than once each year, upon | 3059 |
sufficient notice to the members. All meetings of the board shall | 3060 |
be open to the public except executive sessions as set forth in | 3061 |
division (G) of section 121.22 of the Revised Code, and any | 3062 |
portions of any sessions discussing medical records or the degree | 3063 |
of disability of a member excluded from public inspection by this | 3064 |
section. | 3065 |
(B) The attorney general shall prescribe procedures for the | 3073 |
adoption of rules authorized under this chapter, consistent with | 3074 |
the provision of section 111.15 of the Revised Code under which | 3075 |
all rules shall be filed in order to be effective. Such procedures | 3076 |
shall establish methods by which notice of proposed rules are | 3077 |
given to interested parties and rules adopted by the board | 3078 |
published and otherwise made available. When it files a rule with | 3079 |
the joint committee on agency rule review pursuant to section | 3080 |
111.15 of the Revised Code, the board shall submit to the Ohio | 3081 |
retirement study council a copy of the full text of the rule, and | 3082 |
if applicable, a copy of the rule summary and fiscal analysis | 3083 |
required by division (B) of section 127.18 of the Revised Code. | 3084 |
(C)(1) As used in this division, "personal history record" | 3085 |
means information maintained by the board on an individual who is | 3086 |
a member, former member, retirant, or beneficiary that includes | 3087 |
the address, telephone number, social security number, record of | 3088 |
contributions, correspondence with the system, and other | 3089 |
information the board determines to be confidential. | 3090 |
(2) The records of the board shall be open to public | 3091 |
inspection, except for the following which shall be excluded: the | 3092 |
member's, former member's, retirant's, or beneficiary's personal | 3093 |
history record and the amount of a monthly allowance or benefit | 3094 |
paid to a retirant, beneficiary, or survivor, except with the | 3095 |
written authorization of the individual concerned. All | 3096 |
(1) If a member, former member, or retirant is subject to an | 3111 |
order issued under section 2907.15 of the Revised Code or an order | 3112 |
issued under division (A) or (B) of section 2929.192 of the | 3113 |
Revised Code or is convicted of or pleads guilty to a violation of | 3114 |
section 2921.41 of the Revised Code, on written request of a | 3115 |
prosecutor as defined in section 2935.01 of the Revised Code, the | 3116 |
board shall furnish to the prosecutor the information requested | 3117 |
from the individual's personal history record. | 3118 |
(3) At the written request of any nonprofit organization or | 3123 |
association providing services to retirement system members, | 3124 |
retirants, or beneficiaries, the board shall provide to the | 3125 |
organization or association a list of the names and addresses of | 3126 |
members, former members, retirants, or beneficiaries if the | 3127 |
organization or association agrees to use such information solely | 3128 |
in accordance with its stated purpose of providing services to | 3129 |
such individuals and not for the benefit of other persons, | 3130 |
organizations, or associations. The costs of compiling, copying, | 3131 |
and mailing the list shall be paid by such entity. | 3132 |
(4) Within fourteen days after receiving from the director of | 3133 |
job and family services a list of the names and social security | 3134 |
numbers of recipients of public assistance pursuant to section | 3135 |
5101.181 of the Revised Code, the board shall inform the auditor | 3136 |
of state of the name, current or most recent employer address, and | 3137 |
social security number of each member whose name and social | 3138 |
security number are the same as those of a person whose name or | 3139 |
social security number was submitted by the director. The board | 3140 |
and its employees, except for purposes of furnishing the auditor | 3141 |
of state with information required by this section, shall preserve | 3142 |
the confidentiality of recipients of public assistance in | 3143 |
compliance with division (A) of section 5101.181 of the Revised | 3144 |
Code. | 3145 |
Sec. 5505.22. The right of any individual to a pension, or | 3169 |
to the return of accumulated contributions, payable as provided | 3170 |
under this chapter, and all moneys and investments of the state | 3171 |
highway patrol retirement system and income from moneys or | 3172 |
investments are exempt from any state tax, except the tax imposed | 3173 |
by section 5747.02 of the Revised Code, and are exempt from any | 3174 |
county, municipal, or other local tax, except taxes imposed | 3175 |
pursuant to section 5748.02 or 5748.08 of the Revised Code, and, | 3176 |
except as provided in sections 3105.171, 3105.65, 3115.32, | 3177 |
3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 5505.26, and | 3178 |
5505.262, and 5505.263 of the Revised Code, shall not be subject | 3179 |
to execution, garnishment, attachment, the operation of bankruptcy | 3180 |
or insolvency laws, or any other process of law whatsoever, and | 3181 |
shall be unassignable except as specifically provided in this | 3182 |
chapter. | 3183 |
On receipt of notice under section 2901.43 of the Revised | 3189 |
Code that a state highway patrol retirement system member is | 3190 |
charged with an offense listed in division (D) of section 2929.192 | 3191 |
of the Revised Code under the circumstances specified in that | 3192 |
division, the system shall determine whether the member has been | 3193 |
granted a disability benefit. If so, the system shall send written | 3194 |
notice to the prosecutor assigned to the case that the member has | 3195 |
been granted a disability benefit under this chapter and may be | 3196 |
subject to section 2929.193 of the Revised Code. | 3197 |
If a person who is a disability benefit recipient or an | 3201 |
alternate payee, as defined in section 3105.80 of the Revised | 3202 |
Code, is paid any amount from a benefit or
lump sum payment under | 3203 |
an order issued under section 3105.171 or 3105.65 of the Revised | 3204 |
Code by the state highway patrol retirement system to which the | 3205 |
person is not entitled, the person shall repay the retirement | 3206 |
system. If the person fails to repay, the retirement system shall | 3207 |
withhold the amount due from any benefit or payment due the person | 3208 |
under the order or may collect the amount in any other manner | 3209 |
provided by law. | 3210 |
Section 102. That existing sections 145.27, 145.56, 145.561, | 3211 |
145.82, 145.95, 742.41, 742.46, 742.47, 742.64, 2329.66, 2929.192, | 3212 |
3305.07, 3305.08, 3305.20, 3305.22, 3307.20, 3307.41, 3307.42, | 3213 |
3309.22, 3309.66, 3309.661, 3309.82, 3309.95, 4121.12, 4121.123, | 3214 |
4121.125, 4121.32, 4121.41, 4121.44, 4121.68, 4123.35, 4123.512, | 3215 |
4123.52, 5505.04, 5505.22, and 5505.34 and sections 4121.124 and | 3216 |
4121.99 of the Revised Code are hereby repealed. | 3217 |
The foregoing appropriation item 855401, William Green Lease | 3244 |
Payments to OBA, shall be used for lease payments to the Ohio | 3245 |
Building Authority, and these appropriations shall be used to meet | 3246 |
all payments at the times they are required to be made during the | 3247 |
period from July 1, 2011, to June 30, 2013, by the Bureau of | 3248 |
Workers' Compensation to the Ohio Building Authority pursuant to | 3249 |
leases and agreements made under Chapter 152. of the Revised Code | 3250 |
and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly. | 3251 |
Of the amounts received in Fund 7023, appropriation item 855401, | 3252 |
William Green Lease Payments to OBA, up to $35,824,735 shall be | 3253 |
restricted for lease rental payments to the Ohio Building | 3254 |
Authority. If it is determined that additional appropriations are | 3255 |
necessary for such purpose, such amounts are hereby appropriated.
| 3256 |
The Workers' Compensation Section Fund (Fund 1950) | 3263 |
administered by the Attorney General shall receive payments from | 3264 |
the Bureau of Workers' Compensation at the beginning of each | 3265 |
quarter of each fiscal year to fund expenses of the Workers' | 3266 |
Compensation Fraud Unit within the Attorney General's Office. Of | 3267 |
the foregoing appropriation item 855410, Attorney General | 3268 |
Payments, $828,200 in fiscal year 2012 and $828,200 in fiscal year | 3269 |
2013 shall be used to provide these payments.
| 3270 |
To pay for the FY 2012 costs related to the Deputy Inspector | 3304 |
General for the Bureau of Workers' Compensation and Industrial | 3305 |
Commission, on July 1, 2011, and on January 1, 2012, or as soon as | 3306 |
possible after each date, the Director of Budget and Management | 3307 |
shall transfer $212,500 in cash from the Workers' Compensation | 3308 |
Fund (Fund 7023) to the Deputy Inspector General for the Bureau of | 3309 |
Workers' Compensation and Industrial Commission Fund (Fund 5FT0). | 3310 |
To pay for the FY 2013 costs related to the Deputy Inspector | 3311 |
General for the Bureau of Workers' Compensation and Industrial | 3312 |
Commission, on July 1, 2012, and on January 1, 2013, or as soon as | 3313 |
possible after each date, the Director of Budget and Management | 3314 |
shall transfer $212,500 in cash from the Workers' Compensation | 3315 |
Fund (Fund 7023) to the Deputy Inspector General for the Bureau of | 3316 |
Workers' Compensation and Industrial Commission Fund (Fund 5FT0). | 3317 |
Section 311. The provisions of law contained in this act, and | 3327 |
their applications, are severable. If any provision of law | 3328 |
contained in this act, or if any application of any provision of | 3329 |
law contained in this act, is held invalid, the invalidity does | 3330 |
not affect other provisions of law contained in this act and their | 3331 |
applications that can be given effect without the invalid | 3332 |
provision or application.
| 3333 |
Section 323. Section 2329.66 of the Revised Code is | 3347 |
presented in this act as a composite of the section as amended by | 3348 |
Sub. H.B. 332, Sub. S.B. 3, and Sub. S.B. 281 of the 127th General | 3349 |
Assembly. The General Assembly, applying the principle stated in | 3350 |
division (B) of section 1.52 of the Revised Code that amendments | 3351 |
are to be harmonized if reasonably capable of simultaneous | 3352 |
operation, finds that the composite is the resulting version of | 3353 |
the section in effect prior to the effective date of the section | 3354 |
as presented in this act. | 3355 |