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To amend sections 171.04, 742.01, 742.04, 742.10, | 1 |
742.14, 742.16, 742.30, 742.301, 742.31, 742.32, | 2 |
742.33, 742.34, 742.35, 742.37, 742.3711, | 3 |
742.3716, 742.38, 742.39, 742.44, 742.442, | 4 |
742.443, 742.444, 742.45, 742.63, and 742.64; to | 5 |
enact sections 742.012, 742.013, and 742.161; and | 6 |
to repeal section 742.011 of the Revised Code to | 7 |
revise the law governing the Ohio Police and Fire | 8 |
Pension Fund. | 9 |
Section 1. That sections 171.04, 742.01, 742.04, 742.10, | 10 |
742.14, 742.16, 742.30, 742.301, 742.31, 742.32, 742.33, 742.34, | 11 |
742.35, 742.37, 742.3711, 742.3716, 742.38, 742.39, 742.44, | 12 |
742.442, 742.443, 742.444, 742.45, 742.63, and 742.64 be amended | 13 |
and sections 742.012, 742.013, and 742.161 of the Revised Code be | 14 |
enacted to read as follows: | 15 |
Sec. 171.04. The Ohio retirement study council shall: | 16 |
(A) Make an impartial review from time to time of all laws | 17 |
governing the administration and financing of the pension and | 18 |
retirement funds under Chapters 145., 146., 742., 3307., 3309., | 19 |
and 5505. of the Revised Code and recommend to the general | 20 |
assembly any changes it may find desirable with respect to the | 21 |
allowances and benefits, sound financing of the cost of benefits, | 22 |
the prudent investment of funds, and the improvement of the | 23 |
language, structure, and organization of the laws; | 24 |
(B) Make an annual report to the governor and to the general | 25 |
assembly covering its evaluation and recommendations with respect | 26 |
to the operations of the state retirement systems and their funds; | 27 |
(C) Study all changes in the retirement laws proposed to the | 28 |
general assembly and report to the general assembly on their | 29 |
probable costs, actuarial implications, and desirability as a | 30 |
matter of public policy; | 31 |
(D) Review semiannually the policies, objectives, and | 32 |
criteria adopted under sections 145.11, 742.11, 3307.15, 3309.15, | 33 |
and 5505.06 of the Revised Code for the operation of the | 34 |
investment programs of the state retirement systems, including a | 35 |
review of asset allocation targets and ranges, risk factors, asset | 36 |
class benchmarks, time horizons, total return objectives, relative | 37 |
volatility, and performance evaluation guidelines. The council | 38 |
shall, not later than thirty days after completing a review, | 39 |
submit to the governor and the general assembly a report | 40 |
summarizing its findings. | 41 |
(E) Have prepared by an independent actuary, at least once | 42 |
every ten years, an actuarial review of the | 43 |
valuations and quinquennial actuarial investigations prepared | 44 |
under sections 145.22, 742.14, 3307.20, 3309.21, and 5505.12 of | 45 |
the Revised Code, including a review of the actuarial assumptions | 46 |
and methods, the data underlying the valuations and | 47 |
investigations, and the adequacy of each system's employee and | 48 |
employer contribution rates to amortize its unfunded actuarial | 49 |
pension liability, if any, and to support the payment of benefits | 50 |
authorized by Chapter 145., 742., 3307., 3309., or 5505. of the | 51 |
Revised Code. The council shall submit to the governor and the | 52 |
general assembly a report summarizing the review. | 53 |
(F) Have conducted by an independent auditor at least once | 54 |
every ten years a fiduciary performance audit of each of the state | 55 |
retirement systems. | 56 |
All costs associated with an audit conducted pursuant to | 57 |
division (F) of this section shall be paid by the retirement | 58 |
system audited. | 59 |
(G) Provide each member of the council with copies of all | 60 |
proposed rules submitted to the council pursuant to sections | 61 |
145.09, 742.10, 3307.04, 3309.04, and 5505.04 of the Revised Code | 62 |
and submit any recommendations to the joint committee on agency | 63 |
rule review. | 64 |
Sec. 742.01. As used in this chapter: | 65 |
(A)(1) "Police department" means the police department of a | 66 |
municipal corporation. | 67 |
(2) "Member of a police department" means any of the | 68 |
following: | 69 |
(a) Any person who receives an original appointment as a | 70 |
full-time regular police officer in a police department from a | 71 |
duly established civil service eligible list or pursuant to | 72 |
section 124.411 of the Revised Code, or who is described in | 73 |
section 742.511 of the Revised Code, or who transfers from the | 74 |
public employees retirement system to the Ohio police and fire | 75 |
pension fund pursuant to section 742.513 of the Revised Code, or | 76 |
who is appointed pursuant to section 737.15 or 737.16 of the | 77 |
Revised Code as a full-time regular police officer and is paid | 78 |
solely out of public funds of the employing municipal corporation; | 79 |
(b) Any person who, on October 1, 1965, was contributing four | 80 |
per cent of the person's annual salary to a police relief and | 81 |
pension fund established under former section 741.32 of the | 82 |
Revised Code; | 83 |
(c) Any person who commences employment on or after September | 84 |
16, 1998, as a full-time police officer with a police department | 85 |
in a position in which the person is required to satisfactorily | 86 |
complete a peace officer training course in compliance with | 87 |
section 109.77 of the Revised Code. | 88 |
(B)(1) "Fire department" means a fire department of the state | 89 |
or an instrumentality of the state or of a municipal corporation, | 90 |
township, joint fire district, or other political subdivision. | 91 |
(2) "Member of a fire department" means all of the following: | 92 |
(a) Any person who commences employment after November 8, | 93 |
1990, as a full-time firefighter with a fire department, in a | 94 |
position in which the person is required to satisfactorily | 95 |
complete or have satisfactorily completed a firefighter training | 96 |
course approved under former section 3303.07 or section 4765.55 or | 97 |
conducted under section 3737.33 of the Revised Code; | 98 |
(b) Any person who has elected under section 742.515 of the | 99 |
Revised Code to be transferred from the public employees | 100 |
retirement system to the Ohio police and fire pension fund; | 101 |
(c) Any full-time firefighter who, on November 8, 1990, is a | 102 |
member of the Ohio police and fire pension fund. | 103 |
(C) "Employee" means any person who is a member of a police | 104 |
department or a member of a fire department. | 105 |
(D) "Employer" means the government entity by which an | 106 |
employee is employed and paid. | 107 |
(E) "Member of the fund" means any person, except an other | 108 |
system retirant as defined in section 742.26 of the Revised Code, | 109 |
who is contributing a percentage of the person's annual salary to | 110 |
the Ohio police and fire pension fund or who is receiving a | 111 |
disability benefit or pension from the fund as a result of service | 112 |
in a police or fire department. A person, other than an other | 113 |
system retirant, who is contributing a percentage of the person's | 114 |
annual salary to the fund and is dismissed, resigns, or is granted | 115 |
a leave of absence from a police or fire department shall be | 116 |
considered a "member of the fund" for a period of twelve months | 117 |
after the first day of the dismissal, resignation, or leave of | 118 |
absence, provided the sum deducted from the person's salary and | 119 |
credited to the person's account in the fund remains on deposit in | 120 |
the fund. | 121 |
A member of the Ohio national guard, the Ohio military | 122 |
reserve, the Ohio naval militia, or a reserve component of the | 123 |
armed forces of the United States who is absent from employment | 124 |
due to active military duty because of an executive order issued | 125 |
by the president of the United States or an act of congress shall | 126 |
be considered a member of the fund for the duration of the active | 127 |
military duty. | 128 |
(F) "Year," for the purpose of determining benefits, means | 129 |
any twelve consecutive calendar months of active service as a | 130 |
member of the fund, or, in the case of a member whose salary is | 131 |
paid weekly or biweekly, fifty-two consecutive weeks of active | 132 |
service as a member. | 133 |
(G) "Average annual salary" means the highest average annual | 134 |
salary of a member of the fund during any | 135 |
years of contributions specified in section 742.37 or 742.39 of | 136 |
the Revised Code, as appropriate, and determined by dividing the | 137 |
member's total salary as an employee during | 138 |
139 |
For the purpose of determining average annual salary for | 140 |
members who, as of July 1, 2013, have fifteen or more years of | 141 |
service credit, "salary" has the same meaning as in division | 142 |
(L)(2) of this section, except that it does not include any | 143 |
amounts that exceed the salary benchmark, determined as follows: | 144 |
(1) Divide by three the total of the member's salaries for | 145 |
the contiguous three-year period immediately preceding the | 146 |
contiguous three-year period immediately prior to the member's | 147 |
effective date of retirement under section 742.37 or effective | 148 |
date of participation in a deferred option retirement plan under | 149 |
section 742.44 of the Revised Code; | 150 |
(2) Multiply the amount determined under division (G)(1) of | 151 |
this section by one hundred ten per cent; | 152 |
(3) Multiply the amount determined under division (G)(2) of | 153 |
this section by one hundred ten per cent; | 154 |
(4) Multiply the amount determined under division (G)(3) of | 155 |
this section by one hundred ten per cent; | 156 |
(5) The amount determined under division (G)(4) of this | 157 |
section is the salary benchmark. | 158 |
(H) "Normal service pension benefit" means the pension | 159 |
benefit payable to a member of the fund under division (C)(1) of | 160 |
section 742.37 of the Revised Code upon | 161 |
attainment of the applicable age listed in that section. | 162 |
(I) "Retirement allowance" means the total pension benefit or | 163 |
disability benefit to which a member of the fund may be entitled | 164 |
under division (C) of section 742.37 or section 742.39 of the | 165 |
Revised Code. | 166 |
(J) "Fiduciary" means a person who does any of the following: | 167 |
(1) Exercises any discretionary authority or control with | 168 |
respect to the management of the system, or with respect to the | 169 |
management or disposition of its assets; | 170 |
(2) Renders investment advice for a fee, direct or indirect, | 171 |
with respect to money or property of the system; | 172 |
(3) Has any discretionary authority or responsibility in the | 173 |
administration of the system. | 174 |
(K) | 175 |
section 742.013 of the Revised Code, "terminal pay" means the | 176 |
following payments made by an employer to an employee | 177 |
178 | |
made before or after termination: | 179 |
(1) Payments for accrued but unused leave, including sick | 180 |
leave, vacation, personal leave, and compensatory time; | 181 |
(2) Payments deferred more than one year compensating the | 182 |
employee for holidays worked or for longevity; | 183 |
(3) Payments for overtime worked that are not included
| 184 |
in the payroll for the period in which the overtime is worked or | 185 |
186 | |
than sixty days after the overtime is worked; | 187 |
(4) Other payments that are not compensation for services | 188 |
rendered in the last pay period in which services were rendered | 189 |
and are designated as terminal pay by rule of the board of | 190 |
trustees of the Ohio police and fire pension fund. The board shall | 191 |
not designate as terminal pay payments deferred one year or less | 192 |
compensating an employee for holidays worked or for longevity. | 193 |
(L)(1) Except as otherwise provided in this division or in | 194 |
rules authorized by section 742.013 of the Revised Code, "salary" | 195 |
means all compensation, wages, and other earnings paid to an | 196 |
employee by reason of employment, but without regard to whether | 197 |
compensation, wages, or other earnings are treated as deferred | 198 |
income for federal income tax purposes. "Salary" includes payments | 199 |
for overtime that are | 200 |
included in the payroll for the period in which the overtime is | 201 |
worked or the payroll for any period not later than sixty days | 202 |
after the overtime is worked. | 203 |
(2) "Salary" does not include any of the following: | 204 |
(a) Compensation for services outside the scope of an | 205 |
employee's regular employment; | 206 |
(b) Reimbursement of expenses; | 207 |
(c) Terminal pay; | 208 |
(d) Payments for accrued but unused sick leave or personal | 209 |
leave, or vacation pay covering periods for which salary, | 210 |
compensation, or benefits are paid; | 211 |
(e) Payments made under division (B), (C), or (E) of section | 212 |
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill | 213 |
No. 3 of the 119th general assembly, Section 3 of Amended | 214 |
Substitute Senate Bill No. 164 of the 124th general assembly, or | 215 |
Amended Substitute House Bill No. 405 of the 124th general | 216 |
assembly; | 217 |
(f) Payments made to or on behalf of an employee that are in | 218 |
excess of the annual compensation that may be taken into account | 219 |
by the fund under division (a)(17) of section 401 of the "Internal | 220 |
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 401(a)(17), as | 221 |
amended. | 222 |
(3) The board shall determine by rule whether any | 223 |
compensation, wages, or earnings not enumerated in this division | 224 |
is salary, and its decision shall be final. | 225 |
(M) "Actuary" means an individual who satisfies all of the | 226 |
following requirements: | 227 |
(1) Is a member of the American academy of actuaries; | 228 |
(2) Is an associate or fellow of the society of actuaries; | 229 |
(3) Has a minimum of five years' experience in providing | 230 |
actuarial services to public retirement plans. | 231 |
Sec. 742.012. Contributions made to the Ohio police and fire | 232 |
pension fund for salary that exceeds the salary benchmark | 233 |
calculated under division (G) of section 742.01 of the Revised | 234 |
Code shall be refunded in accordance with rules adopted by the | 235 |
trustees of the board under section 742.10 of the Revised Code. | 236 |
Sec. 742.013. The board may, by rule adopted under section | 237 |
742.10 of the Revised Code, establish definitions of "terminal | 238 |
pay" and "salary" that differ from those in divisions (K) and (L) | 239 |
of section 742.01 of the Revised Code. In establishing the | 240 |
definitions, the board may use elements of the compensation | 241 |
provisions of the United States Internal Revenue Code and the | 242 |
Internal Revenue Code form W-2, as those provisions are | 243 |
interpreted by the internal revenue service of the United States | 244 |
department of treasury. | 245 |
Sec. 742.04. As used in this section, "county" means the | 246 |
county of residence of an individual who signs a nominating | 247 |
petition. | 248 |
Election of the employee members, firefighter retirant | 249 |
member, and police retirant member of the board of trustees of the | 250 |
Ohio police and fire pension fund shall be under the supervision | 251 |
and direction of the board in accordance with rules adopted under | 252 |
section 742.045 of the Revised Code. | 253 |
Nominating petitions for candidates for an employee member of | 254 |
the board elected by police officers shall be signed by at least | 255 |
one hundred police officers, with at least twenty signers from | 256 |
each of at least five counties of the state, and certified in | 257 |
accordance with rules adopted under section 742.045 of the Revised | 258 |
Code. | 259 |
Nominating petitions for candidates for an employee member of | 260 |
the board elected by firefighters shall be signed by at least one | 261 |
hundred firefighters, with at least twenty signers from each of at | 262 |
least five counties of the state, and certified in accordance with | 263 |
rules adopted under section 742.045 of the Revised Code. | 264 |
Nominating petitions for candidates for an employee member of | 265 |
the board shall be filed in the office of the board not later than | 266 |
four p.m. on the first Monday in April preceding the date of the | 267 |
expiration of the term of the employee member of the board whose | 268 |
successor is to be elected. | 269 |
The board shall cause ballots to be prepared for the election | 270 |
of employee members of the board which shall contain the names of | 271 |
all candidates for whom certified nominating petitions have been | 272 |
filed with the board. | 273 |
A police officer or firefighter is eligible to vote in an | 274 |
election if the police officer or firefighter is a member of the | 275 |
fund on the thirty-first
| 276 |
the date of the expiration of the term of the employee member of | 277 |
the board whose successor is to be elected. The board shall | 278 |
determine whether a member of the fund is eligible to vote at an | 279 |
election and its decision shall be final. | 280 |
On or before the first Monday in May preceding the date of | 281 |
the expiration of the term of the employee member of the board | 282 |
whose successor is to be elected, the board shall cause ballots to | 283 |
be sent to each member of the fund who is eligible to vote at such | 284 |
election to the address of such member as shown on the records of | 285 |
the board. | 286 |
Ballots shall be returned to the board not later than the | 287 |
third Tuesday in May following the date that the ballots were | 288 |
mailed to the members of the fund eligible to vote at such | 289 |
election. | 290 |
On certification of the election results in accordance with | 291 |
rules adopted under section 742.045 of the Revised Code, the | 292 |
person receiving the highest number of votes shall be elected as | 293 |
an employee member of the board for a term of four years beginning | 294 |
on the first Monday in June following such election. | 295 |
Nominating petitions for candidates for the police retirant | 296 |
member of the board shall be signed by at least fifty police | 297 |
retirants, with at least ten signers from at least five counties | 298 |
of the state, and certified in accordance with rules adopted under | 299 |
section 742.045 of the Revised Code. | 300 |
Nominating petitions for candidates for the firefighter | 301 |
retirant member of the board shall be signed by at least fifty | 302 |
firefighter retirants, with at least ten signers from at least | 303 |
five counties of the state, and certified in accordance with rules | 304 |
adopted under section 742.045 of the Revised Code. | 305 |
Nominating petitions for candidates for the retirant members | 306 |
of the board shall be filed in the office of the board not later | 307 |
than four p.m. on the first Monday in April preceding the date of | 308 |
the expiration of the term of the retirant member of the board | 309 |
whose successor is to be elected. | 310 |
The board shall cause ballots to be prepared for the election | 311 |
of these board members which shall contain the names of all | 312 |
candidates for whom certified nominating petitions have been filed | 313 |
with the board. | 314 |
A retirant is eligible to vote in an election if the retirant | 315 |
is a police retirant or firefighter retirant on the thirty-first | 316 |
317 | |
expiration of the term of the retirant member of the board whose | 318 |
successor is to be elected. The board shall determine whether a | 319 |
police retirant or firefighter retirant is eligible to vote at an | 320 |
election and its decision shall be final. | 321 |
On or before the first Monday in May preceding the date of | 322 |
the expiration of the term of a retirant member of the board whose | 323 |
successor is to be elected, the board shall cause ballots to be | 324 |
sent to each person who is eligible to vote in the election to the | 325 |
address of the person as shown on the records of the board. | 326 |
Ballots shall be returned to the board not later than the | 327 |
third Tuesday in May following the date that the ballots were | 328 |
mailed to the persons eligible to vote in the election. | 329 |
On certification of the election results in accordance with | 330 |
rules adopted under section 742.045 of the Revised Code, the | 331 |
person receiving the highest number of votes shall be elected as | 332 |
the police retirant member or the firefighter retirant member of | 333 |
the board for a term of four years beginning on the first Monday | 334 |
in June following the election. | 335 |
Sec. 742.10. The board of trustees of the Ohio police and | 336 |
fire pension fund may sue and be sued, plead and be impleaded, | 337 |
contract and be contracted with, employ and fix the compensation | 338 |
of employees, and adopt rules for the proper administration and | 339 |
management of the fund. | 340 |
Effective ninety days after | 341 |
342 | |
a state retirement system investment officer, as defined in | 343 |
section 1707.01 of the Revised Code, who does not hold a valid | 344 |
state retirement system investment officer license issued by the | 345 |
division of securities in the department of commerce. | 346 |
If the Ohio retirement study council establishes a uniform | 347 |
format for any report the board is required to submit to the | 348 |
council, the board shall submit the report in that format. | 349 |
The attorney general shall prescribe procedures for the | 350 |
adoption of rules authorized under this chapter, consistent with | 351 |
the provisions of section 111.15 of the Revised Code under which | 352 |
all rules shall be filed in order to be effective. Such procedures | 353 |
shall establish methods by which notice of proposed rules is given | 354 |
to interested parties and rules adopted by the board published and | 355 |
otherwise made available. When it files a rule with the joint | 356 |
committee on agency rule review pursuant to section 111.15 of the | 357 |
Revised Code, the board shall submit to the Ohio retirement study | 358 |
council a copy of the full text of the rule, and if applicable, a | 359 |
copy of the rule summary and fiscal analysis required by division | 360 |
(B) of section 127.18 of the Revised Code. | 361 |
| 362 |
363 | |
364 |
Sec. 742.14. (A) The board of trustees of the Ohio police | 365 |
and fire pension fund shall have prepared | 366 |
or under the supervision of an actuary an actuarial valuation of | 367 |
the pension assets, liabilities, and funding requirements of the | 368 |
Ohio police and fire pension fund as established pursuant to | 369 |
sections 742.01 to 742.61 of the Revised Code. The actuary shall | 370 |
complete the valuation in accordance with actuarial standards of | 371 |
practice promulgated by the actuarial standards board of the | 372 |
American academy of actuaries and prepare a report of the | 373 |
valuation. The report shall include all of the following: | 374 |
(1) A summary of the benefit provisions evaluated; | 375 |
(2) A summary of the census data and financial information | 376 |
used in the valuation; | 377 |
(3) A description of the actuarial assumptions, actuarial | 378 |
cost method, and asset valuation method used in the valuation, | 379 |
including a statement of the assumed rate of payroll growth and | 380 |
assumed rate of growth or decline in the number of members of the | 381 |
fund contributing to the pension fund; | 382 |
(4) A summary of findings that includes a statement of the | 383 |
actuarial accrued pension liabilities and unfunded actuarial | 384 |
accrued pension liabilities; | 385 |
(5) A schedule showing the effect of any changes in the | 386 |
benefit provisions, actuarial assumptions, or cost methods since | 387 |
the last | 388 |
(6) A statement of whether employee and employer | 389 |
contributions to the pension fund are expected to be sufficient to | 390 |
satisfy the funding objectives established by the board. | 391 |
The | 392 |
made not later than November 1, 2013, to the Ohio retirement study | 393 |
council and the standing committees of the house of | 394 |
representatives and the senate with primary responsibility for | 395 |
retirement legislation | 396 |
397 | |
triennially, not later than the first day of November. | 398 |
(B) | 399 |
400 | |
401 | |
402 | |
403 | |
404 |
| 405 |
in each quinquennial period, the board shall have prepared by or | 406 |
under the supervision of an actuary an actuarial investigation of | 407 |
the mortality, service, and other experience of the members of the | 408 |
fund and of other system retirants, as defined in section 742.26 | 409 |
of the Revised Code, who are members of a police department or a | 410 |
fire department to update the actuarial assumptions used in the | 411 |
actuarial valuation required by division (A) of this section. The | 412 |
actuary shall prepare a report of the actuarial investigation. The | 413 |
report shall be prepared and any recommended changes in actuarial | 414 |
assumptions shall be made in accordance with the actuarial | 415 |
standards of practice promulgated by the actuarial standards board | 416 |
of the American academy of actuaries. The report shall include all | 417 |
of the following: | 418 |
(1) A summary of relevant decrement and economic assumption | 419 |
experience observed over the period of the investigation; | 420 |
(2) Recommended changes in actuarial assumptions to be used | 421 |
in subsequent actuarial valuations required by division (A) of | 422 |
this section; | 423 |
(3) A measurement of the financial effect of the recommended | 424 |
changes in actuarial assumptions; | 425 |
(4) If the investigation required by this division includes | 426 |
the investigation required by division | 427 |
report of the result of that investigation. | 428 |
The board shall submit the report to the Ohio retirement | 429 |
study council and the standing committees of the house of | 430 |
representatives and the senate with primary responsibility for | 431 |
retirement legislation not later than the first day of November | 432 |
following the last fiscal year of the period the report covers. | 433 |
| 434 |
supervision of an actuary an actuarial analysis of any introduced | 435 |
legislation expected to have a measurable financial impact on the | 436 |
pension fund. The actuarial analysis shall be completed in | 437 |
accordance with the actuarial standards of practice promulgated by | 438 |
the actuarial standards board of the American academy of | 439 |
actuaries. The actuary shall prepare a report of the actuarial | 440 |
analysis, which shall include all of the following: | 441 |
(1) A summary of the statutory changes that are being | 442 |
evaluated; | 443 |
(2) A description of or reference to the actuarial | 444 |
assumptions and actuarial cost method used in the report; | 445 |
(3) A description of the participant group or groups included | 446 |
in the report; | 447 |
(4) A statement of the financial impact of the legislation, | 448 |
including the resulting increase, if any, in the employer normal | 449 |
cost percentage; the increase, if any, in actuarial accrued | 450 |
liabilities; and the per cent of payroll that would be required to | 451 |
amortize the increase in actuarial accrued liabilities as a level | 452 |
per cent of covered payroll for all active members of the fund | 453 |
over a period not to exceed thirty years; | 454 |
(5) A statement of whether the scheduled contributions to the | 455 |
system after the proposed change is enacted are expected to be | 456 |
sufficient to satisfy the funding objectives established by the | 457 |
board. | 458 |
Not later than sixty days from the date of introduction of | 459 |
the legislation, the board shall submit a copy of the actuarial | 460 |
analysis to the legislative service commission, the standing | 461 |
committees of the house of representatives and the senate with | 462 |
primary responsibility for retirement legislation, and the Ohio | 463 |
retirement study council. | 464 |
| 465 |
report giving a full accounting of the revenues and costs relating | 466 |
to the provision of benefits under section 742.45 of the Revised | 467 |
Code. The first triennial report shall be made as of December 31, | 468 |
469 | |
triennially thereafter. The report shall include the following: | 470 |
(1) A description of the statutory authority for the benefits | 471 |
provided; | 472 |
(2) A summary of the benefits; | 473 |
(3) A summary of the eligibility requirements for the | 474 |
benefits; | 475 |
(4) A statement of the number of participants eligible for | 476 |
the benefits; | 477 |
(5) A description of the accounting, asset valuation, and | 478 |
funding method used to provide the benefits; | 479 |
(6) A statement of the net assets available for the provision | 480 |
of the benefits as of the last day of the fiscal year; | 481 |
(7) A statement of any changes in the net assets available | 482 |
for the provision of benefits, including participant and employer | 483 |
contributions, net investment income, administrative expenses, and | 484 |
benefits provided to participants, as of the last day of the | 485 |
fiscal year; | 486 |
(8) For the last six consecutive fiscal years, a schedule of | 487 |
the net assets available for the benefits, the annual cost of | 488 |
benefits, administrative expenses incurred, and annual employer | 489 |
contributions allocated for the provision of benefits; | 490 |
(9) A description of any significant changes that affect the | 491 |
comparability of the report required under this division; | 492 |
(10) A statement of the amount paid under division (B) of | 493 |
section 742.45 of the Revised Code. | 494 |
The board shall submit the report to the Ohio retirement | 495 |
study council and the standing committees of the house of | 496 |
representatives and the senate with primary responsibility for | 497 |
retirement legislation not later than the thirtieth day of June | 498 |
following the year for which the report was made. | 499 |
| 500 |
shall have prepared by or under the supervision of an actuary an | 501 |
actuarial investigation of the deferred retirement option plan | 502 |
established under section 742.43 of the Revised Code. The | 503 |
investigation shall include an examination of the financial | 504 |
impact, if any, on the fund of offering the plan to members. | 505 |
The actuary shall prepare a report of the actuarial | 506 |
investigation. The report shall include a determination of whether | 507 |
the plan, as established or modified, has a negative financial | 508 |
impact on the fund and, if so, recommendations on how to modify | 509 |
the plan to eliminate the negative financial impact. If the | 510 |
actuarial report indicates that the plan has a negative financial | 511 |
impact on the fund, the board may modify the plan or cease to | 512 |
allow members who have not already done so to elect to participate | 513 |
in the plan. The firefighter and police officers employers' | 514 |
contributions shall not be increased to offset any negative | 515 |
financial impact of the plan. | 516 |
If the board ceases to allow members to elect to participate | 517 |
in the plan, the rights and obligations of members who have | 518 |
already elected to participate shall not be altered. | 519 |
The board may include the actuarial investigation required | 520 |
under this division as part of the actuarial investigation | 521 |
required under division | 522 |
the actuarial investigation required by this division is not | 523 |
included in the report required by division | 524 |
section, the board shall submit the report required by this | 525 |
division to the Ohio retirement study council and the standing | 526 |
committees of the house of representatives and the senate with | 527 |
primary responsibility for retirement legislation not later than | 528 |
the first day of November following the last fiscal year of the | 529 |
period the report covers. | 530 |
Sec. 742.16. The board of trustees of the Ohio police and | 531 |
fire pension fund shall establish a period of not more than thirty | 532 |
years to amortize the Ohio police and fire pension fund's unfunded | 533 |
actuarial accrued pension liabilities. The board shall adopt a | 534 |
plan that specifies how it proposes to meet the thirty-year | 535 |
amortization period not later than December 31, 2006. If | 536 |
537 | |
accrued pension liability exceeds thirty years, as determined by | 538 |
the | 539 |
Revised Code, the board, not later than ninety days after receipt | 540 |
of the valuation, shall prepare and submit to the Ohio retirement | 541 |
study council and the standing committees of the house of | 542 |
representatives and the senate with primary responsibility for | 543 |
retirement legislation a report that includes the following | 544 |
information: | 545 |
(A) The number of years needed to amortize the unfunded | 546 |
actuarial accrued pension liability as determined by the | 547 |
actuarial valuation; | 548 |
(B) A plan approved by the board that indicates how the board | 549 |
will reduce the amortization period of unfunded actuarial accrued | 550 |
pension liability to not more than thirty years; | 551 |
(C) Whether the board has made any progress in meeting the | 552 |
thirty-year amortization period. | 553 |
Sec. 742.161. Following the actuarial investigation required | 554 |
by division (B) of section 742.14 of the Revised Code due on | 555 |
November 1, 2017, and following each quinquennial actuarial | 556 |
investigation thereafter, if, in consultation with its actuary, | 557 |
the Ohio police and fire pension fund board of trustees determines | 558 |
that an adjustment to the age and years of service credit required | 559 |
to receive a pension or benefit under division (C) of section | 560 |
742.37 of the Revised Code is appropriate, the board may, in | 561 |
accordance with rules adopted under section 742.10 of the Revised | 562 |
Code, do either of the following: | 563 |
(A) If the board's determination is that increasing the age | 564 |
and years of service requirements is necessary to preserve the | 565 |
fiscal integrity of the fund, increase the age and years of | 566 |
service credit required to receive a pension or benefit; | 567 |
(B) If the board's determination is that reducing the age and | 568 |
years of service requirements would not materially impair the | 569 |
fiscal integrity of the fund, reduce the age and years of service | 570 |
credit required to receive a pension or benefit. | 571 |
Sec. 742.30. (A) The employer's accrued liability, as | 572 |
determined pursuant to former section 742.29 of the Revised Code, | 573 |
shall be paid to the Ohio police and fire pension fund. Payments | 574 |
shall be credited to the police officers' pension reserve fund, or | 575 |
to the firefighters' pension reserve fund, in accordance with the | 576 |
relief and pension fund from which the liability for such payment | 577 |
arises, until such time as the employer's accrued liability on | 578 |
account of pensioners and other benefit recipients on the rolls of | 579 |
the particular police relief and pension fund or firemen's relief | 580 |
and pension fund is satisfied. Thereafter, payments shall be | 581 |
credited to the police officers' contribution fund or the | 582 |
firefighters' contribution fund, in accordance with the relief and | 583 |
pension fund from which the liability for such payments arises, | 584 |
until such time as the employer's accrued liability on account of | 585 |
deductions made from the compensation of police officers or | 586 |
firefighters under the particular police relief and pension fund | 587 |
or firemen's relief and pension fund is satisfied. Thereafter, | 588 |
payments shall be credited to the police officer employers' | 589 |
contribution fund, or firefighter employers' contribution fund, in | 590 |
accordance with the relief and pension fund from which the | 591 |
liability for such payments arises, until such time as the | 592 |
employer's total accrued liability under the particular police | 593 |
relief and pension fund or firemen's relief and pension fund is | 594 |
satisfied. | 595 |
(B) That part of the employer's accrued liability remaining | 596 |
unpaid on January 1, 1969, shall be paid by the employer at not | 597 |
less than the following rates per year: two per cent in 1969, two | 598 |
per cent in 1970, three per cent in 1971, four per cent in 1972, | 599 |
and five per cent per annum beginning in 1973 and each year | 600 |
thereafter for sixty-two years. Except as provided in division (C) | 601 |
of this section, payments shall be fixed annually and paid on | 602 |
dates fixed by the board of trustees of the Ohio police and fire | 603 |
pension fund. | 604 |
(C) The board may enter into an agreement with a municipal | 605 |
corporation or township for a single payment by the municipal | 606 |
corporation or township of the employer's accrued liability. The | 607 |
agreement may provide for a reduction in the amount of the accrued | 608 |
liability based on the value to the fund of receiving a single | 609 |
payment. A municipal corporation or township that has made payment | 610 |
in accordance with such an agreement shall have no further | 611 |
obligation to make payments under this section. | 612 |
(D) The board shall report every | 613 |
general assembly | 614 |
of the retirement system, with particular emphasis upon the | 615 |
payment of the employer's accrued liability, and make such | 616 |
recommendations, upon the advice of its actuary, as it considers | 617 |
necessary for the proper funding of the liabilities. | 618 |
Sec. 742.301. (A) Each employer shall promptly pay the amount | 619 |
due on the accrued liability on the dates fixed by the board of | 620 |
trustees of the Ohio police and fire pension fund. Upon | 621 |
certification by the board that payment of an employer's accrued | 622 |
liability has not been paid within thirty days following the date | 623 |
a payment is due, a penalty of five per cent of the amount due | 624 |
shall be assessed against such employer. If the payment and | 625 |
penalty have not been paid within ninety days following the date a | 626 |
payment is due, annual interest at six per cent shall be assessed | 627 |
against the payment and penalty from the date that the payment is | 628 |
due. | 629 |
(B) Upon certification by the board to the superintendent of | 630 |
liquor control or the county auditor of an amount due from any | 631 |
employer who is subject to this chapter by reason of such | 632 |
employer's delinquency in making payments on the accrued | 633 |
liability, the amount due shall be withheld from the employer from | 634 |
liquor control permit fees to be distributed to that employer | 635 |
according to Chapter 4301. of the Revised Code or from the local | 636 |
government fund allocated for distribution to that employer by the | 637 |
county budget commission in accordance with Chapter 5739. of the | 638 |
Revised Code. Upon receipt of the certification from the board, | 639 |
the superintendent or county auditor shall provide for payment | 640 |
against such funds in favor of the Ohio police and fire pension | 641 |
fund for the certified amount due and any penalty and interest | 642 |
thereon. | 643 |
(C) If the payments under divisions (A) and (B) of this | 644 |
section are insufficient to pay the Ohio police and fire pension | 645 |
fund any amounts due the fund from an employer, the fund may seek | 646 |
payment through the office of budget and management. On | 647 |
certification by the board to the director of budget and | 648 |
management of any such amount due, the director shall withhold | 649 |
from the employer any amount available, not to exceed the amount | 650 |
certified as due the fund, from any amounts under the director's | 651 |
control that are payable or due the employer. The director shall | 652 |
pay the amount withheld to the fund. | 653 |
Sec. 742.31. | 654 |
this section, each employee shall contribute an amount equal to | 655 |
656 | |
police and fire pension fund | 657 |
schedule: | 658 |
(1) For salary earned in pay periods beginning not later than | 659 |
July 1, 2013, ten per cent; | 660 |
(2) For salary earned in pay periods beginning not earlier | 661 |
than July 2, 2013, but not later than July 1, 2014, ten and | 662 |
three-quarters per cent; | 663 |
(3) For salary earned in pay periods beginning not earlier | 664 |
than July 2, 2014, but not later than July 1, 2015, eleven and | 665 |
one-half per cent; | 666 |
(4) For salary earned in pay periods beginning not earlier | 667 |
than July 2, 2015, twelve and one-quarter per cent. | 668 |
(B) Following the actuarial investigation required by | 669 |
division (B) of section 742.14 of the Revised Code due on November | 670 |
1, 2017, and following each quinquennial actuarial investigation | 671 |
thereafter, if, in consultation with the board's actuary, the | 672 |
board determines that an adjustment to the contribution rate is | 673 |
appropriate, the board may, in accordance with rules adopted under | 674 |
section 742.10 of the Revised Code, do either of the following: | 675 |
(1) If the board's determination is that an increase in the | 676 |
contribution rate is necessary to preserve the fiscal integrity of | 677 |
the fund, increase the contribution rate; | 678 |
(2) If the board's determination is that a decrease in the | 679 |
contribution rate would not materially impair the fiscal integrity | 680 |
of the fund, decrease the contribution rate. | 681 |
(C) The amount shall be deducted by the employer from the | 682 |
employee's salary as defined in division (L) of section 742.01 of | 683 |
the Revised Code for each payroll period, irrespective of whether | 684 |
the minimum compensation provided by law for the employee is | 685 |
reduced thereby. Every employee shall be deemed to consent to the | 686 |
deductions, and payment to the employee less the deductions is a | 687 |
complete discharge and acquittance of all claims and demands for | 688 |
the services rendered by the employee during the period covered by | 689 |
such payment. | 690 |
Sec. 742.32. (A) The fiscal officer of each employer shall | 691 |
transmit monthly to the secretary of the board of trustees of the | 692 |
Ohio police and fire pension fund a report of employee deductions | 693 |
in such form as the board requires. The report shall show all | 694 |
deductions for the fund made pursuant to section 742.31 of the | 695 |
Revised Code and shall be accompanied by payments covering the | 696 |
total of such deductions. The report shall also include the name | 697 |
of each member for whom deductions were made and the portion of | 698 |
the payment attributed to that member. Separate payments shall be | 699 |
so transmitted for that portion of such deductions made from the | 700 |
salaries of members of the police department and for that portion | 701 |
of such deductions made from the salaries of members of the fire | 702 |
department. The report and payment are due the last day of the | 703 |
month following the last business day of the reporting period. | 704 |
(B) A penalty determined under section 742.352 of the Revised | 705 |
Code shall be assessed if any of the following occur: | 706 |
| 707 |
or is not in the form required by the board. | 708 |
| 709 |
salaries of all employees of the employer are received by the | 710 |
board after the due date. | 711 |
The penalty shall be added to and collected on the next | 712 |
succeeding regular employer billing. If the penalty is not paid | 713 |
within sixty days after it is added to the regular employer | 714 |
billing, interest at a rate determined by the board may be charged | 715 |
on the total amount due and the amount of the penalty from the | 716 |
date the amount is due to the date of payment. | 717 |
(C) The secretary of the board, after making a record of all | 718 |
such receipts and crediting each employee's individual account | 719 |
with the amount deducted from the employee's salary, shall deposit | 720 |
the receipts with the treasurer of state for use as provided by | 721 |
this chapter. Where an employer fails to deduct contributions for | 722 |
any employee and transmit such amounts to the fund, the board may | 723 |
make a determination of the employee's liability for contributions | 724 |
and certify to the employer the amounts due for collection in the | 725 |
same manner and subject to the same penalties as payments due the | 726 |
employer's contributions funds. | 727 |
Sec. 742.33. (A) Each employer shall pay | 728 |
on such dates as the board of trustees of the Ohio police and fire | 729 |
pension fund requires, from its general fund, or from a levy | 730 |
imposed pursuant to division (J) or (W) of section 5705.19 of the | 731 |
Revised Code, to the fund an amount known as the "police officer | 732 |
employers' contribution," which shall be nineteen and one-half per | 733 |
cent of the salaries as defined in division (L) of section 742.01 | 734 |
of the Revised Code of the members of the police department of the | 735 |
employer. | 736 |
(B) The taxing authority of each municipal corporation in | 737 |
which there was a police relief and pension fund on October 1, | 738 |
1965, shall annually, in the manner provided for making other | 739 |
municipal levies and in addition to all other levies authorized by | 740 |
law, levy a tax of three-tenths of one mill upon all the real and | 741 |
personal property as listed for taxation in the municipal | 742 |
corporation for the purpose of paying the police officer | 743 |
employers' contribution and the municipal corporation's accrued | 744 |
liability for its former police relief and pension fund and | 745 |
interest thereon, and of defraying the current operating expenses | 746 |
of the municipal corporation. The annual revenues derived from the | 747 |
tax shall be used in the following order: | 748 |
(1) First, to pay the current police officer employers' | 749 |
contribution and any interest related thereto; | 750 |
(2) Second, to pay any accrued liability chargeable to the | 751 |
municipal corporation during the current calendar year for its | 752 |
former police relief and pension fund and any interest related | 753 |
thereto; | 754 |
(3) Third, to defray the current operating expenses of the | 755 |
municipal corporation. | 756 |
Sec. 742.34. (A) Each employer shall pay | 757 |
on such dates as the board of trustees of the Ohio police and fire | 758 |
pension fund requires, from its general fund, or from a levy | 759 |
imposed pursuant to division (I) or (W) of section 5705.19 of the | 760 |
Revised Code, to the fund an amount known as the "firefighter | 761 |
employers' contribution," which shall be twenty-four per cent of | 762 |
the salaries as defined in division (L) of section 742.01 of the | 763 |
Revised Code of the members of the fire department of the | 764 |
employer. | 765 |
(B) The taxing authority of each municipal corporation in | 766 |
which there was a firemen's relief and pension fund on October 1, | 767 |
1965, shall annually, in the manner provided for making other | 768 |
municipal levies and in addition to all other levies authorized by | 769 |
law, levy a tax of three-tenths of one mill upon all the real and | 770 |
personal property as listed for taxation in the municipal | 771 |
corporation for the purpose of paying the firefighter employers' | 772 |
contribution and the municipal corporation's accrued liability for | 773 |
its former firemen's relief and pension fund and interest thereon, | 774 |
and of defraying the current operating expenses of the municipal | 775 |
corporation. The annual revenues derived from the tax shall be | 776 |
used in the following order: | 777 |
(1) First, to pay the current firefighter employers' | 778 |
contribution and any interest related thereto; | 779 |
(2) Second, to pay any accrued liability chargeable to the | 780 |
municipal corporation during the current calendar year for its | 781 |
former firemen's relief and pension fund and any interest related | 782 |
thereto; | 783 |
(3) Third, to defray the current operating expenses of the | 784 |
municipal corporation. | 785 |
Sec. 742.35. | 786 |
787 | |
788 |
Each employer shall pay its | 789 |
contribution and firefighter employers' contribution in
| 790 |
791 | |
742.33 and 742.34 of the Revised Code.
| 792 |
shall make | 793 |
794 | |
day of the month after the month for which the police officer or | 795 |
firefighter employee contributions were withheld. If an employer | 796 |
fails to make the payment installment by the date it is due, a | 797 |
penalty determined under section 742.352 of the Revised Code shall | 798 |
be assessed against the employer. In addition, interest on past | 799 |
due accounts and penalties may be charged at a rate determined by | 800 |
the board from the date the
| 801 |
date of payment. | 802 |
Upon certification by the board to the county auditor of an | 803 |
amount due from any employer within the county who is subject to | 804 |
this chapter, by reason of such employer's delinquency in making | 805 |
employer contribution payments to the fund | 806 |
amount shall be withheld from such employer from any funds in the | 807 |
hands of the county treasurer for distribution to such employer. | 808 |
Upon receipt of such certification, the county auditor shall draw | 809 |
a warrant against such funds in favor of the fund for the amount. | 810 |
Sec. 742.37. The board of trustees of the Ohio police and | 811 |
fire pension fund shall adopt rules for the management of the fund | 812 |
and for the disbursement of benefits and pensions as set forth in | 813 |
this section and section 742.39 of the Revised Code. Any payment | 814 |
of a benefit or pension under this section is subject to the | 815 |
provisions of section 742.461 of the Revised Code. Notwithstanding | 816 |
any other provision of this section, no pension or benefit paid or | 817 |
determined under division (B) or (C) of this section or section | 818 |
742.39 of the Revised Code shall exceed the limit established by | 819 |
section 415 of the "Internal Revenue Code of 1986," 100 Stat. | 820 |
2085, 26 U.S.C.A. 415, as amended. | 821 |
(A) Persons who were receiving benefit or pension payments | 822 |
from a police relief and pension fund established under former | 823 |
section 741.32 of the Revised Code, or from a firemen's relief and | 824 |
pension fund established under former section 521.02 or 741.02 of | 825 |
the Revised Code, at the time the assets of the fund were | 826 |
transferred to the Ohio police and fire pension fund, known at | 827 |
that time as the police and firemen's disability and pension fund, | 828 |
shall receive benefit and pension payments from the Ohio police | 829 |
and fire pension fund in the same amount and subject to the same | 830 |
conditions as such payments were being made from the former fund | 831 |
on the date of the transfer. | 832 |
(B) A member of the fund who, pursuant to law, elected to | 833 |
receive benefits and pensions from a police relief and pension | 834 |
fund established under former section 741.32 of the Revised Code, | 835 |
or from a firemen's relief and pension fund established under | 836 |
former section 741.02 of the Revised Code, in accordance with the | 837 |
rules of the fund governing the granting of benefits or pensions | 838 |
therefrom in force on April 1, 1947, shall receive benefits and | 839 |
pensions from the Ohio police and fire pension fund in accordance | 840 |
with such rules; provided, that any member of the fund who is not | 841 |
receiving a benefit or pension from the fund on August 12, 1975, | 842 |
may, upon application for a benefit or pension to be received on | 843 |
or after August 12, 1975, elect to receive a benefit or pension in | 844 |
accordance with division (C) of this section. | 845 |
(C) | 846 |
the Revised Code, members of the fund who have not elected to | 847 |
receive benefits and pensions from a police relief and pension | 848 |
fund or a firemen's relief and pension fund in accordance with the | 849 |
rules of the fund in force on April 1, 1947, shall receive | 850 |
pensions and benefits in accordance with the following provisions: | 851 |
(1) A member of the fund who has | 852 |
of | 853 |
attained | 854 |
855 | |
856 | |
whose membership began before July 2, 2013, and fifty-two for a | 857 |
member whose membership began on or after that date. | 858 |
Upon notifying the board in writing of the election, the | 859 |
member shall receive an annual pension, payable in twelve monthly | 860 |
installments, in an amount equal to a percentage of the member's | 861 |
average annual salary. | 862 |
fifteen or more years of service credit, the average annual salary | 863 |
shall be determined using three years of contributions. If, as of | 864 |
that date, the member had less than fifteen years of service | 865 |
credit, the average annual salary shall be determined using five | 866 |
years of contributions. | 867 |
The percentage shall be the sum of two and one-half per cent | 868 |
for each of the first twenty years | 869 |
of service | 870 |
the twenty-first to twenty-fifth years
| 871 |
872 | |
per cent for each year in excess of twenty-five years
| 873 |
874 | |
pension shall not exceed seventy-two per cent of the member's | 875 |
average annual salary. | 876 |
A member who | 877 |
service credit, has resigned or been discharged, and has left the | 878 |
sum deducted from the member's salary on deposit in the pension | 879 |
fund shall | 880 |
be entitled to receive a normal service pension benefit computed | 881 |
and paid under division (C)(1) of this section. | 882 |
While participating in the deferred retirement option plan | 883 |
established under section 742.43 of the Revised Code, a member | 884 |
shall not be considered to have elected retirement under division | 885 |
(C)(1) of this section. On notifying the board under division | 886 |
(B)(1) of section 742.444 of the Revised Code of the member's | 887 |
election to terminate active service, a member described in | 888 |
division (B) of that section shall receive an annual pension under | 889 |
division (C)(1) of this section calculated in accordance with | 890 |
section 742.442 of the Revised Code and rules that shall be | 891 |
adopted by the board of trustees of the Ohio police and fire | 892 |
pension fund. | 893 |
(2) A member of the fund who has | 894 |
895 | |
and who voluntarily resigns or is discharged from the department | 896 |
for any reason other than dishonesty, cowardice, intemperate | 897 |
habits, or conviction of a felony, shall receive an annual | 898 |
pension, payable in twelve monthly installments, in an amount | 899 |
equal to one and one-half per cent of the member's average annual | 900 |
salary multiplied by the number of full years of the | 901 |
902 | |
of July 2, 2013, the member had fifteen or more years of service | 903 |
credit, the average annual salary shall be determined using three | 904 |
years of contributions. If, as of that date, the member had less | 905 |
than fifteen years of service credit, the average annual salary | 906 |
shall be determined using five years of contributions. | 907 |
If a member's membership began before July 2, 2013, the | 908 |
pension payments shall not commence until the member has attained | 909 |
the age of forty-eight years and until twenty-five years have | 910 |
elapsed from the date on which the member became a full-time | 911 |
regular police officer or firefighter | 912 |
payments shall not commence for a member whose membership began on | 913 |
or after July 2, 2013, until the member has attained the age of | 914 |
fifty-two years and until twenty-five years have elapsed from the | 915 |
date on which the member became a full-time regular police officer | 916 |
or firefighter. | 917 |
(3) A member of the fund who has | 918 |
years of | 919 |
who has attained sixty-two years of age, may retire from the | 920 |
department and, upon notifying the board in writing of the | 921 |
election to retire, shall receive an annual pension, payable in | 922 |
twelve monthly installments, in an amount equal to a percentage of | 923 |
the member's average annual salary. If, as of July 2, 2013, the | 924 |
member had fifteen or more years of service credit, the average | 925 |
annual salary shall be determined using three years of | 926 |
contributions. If, as of that date, the member had less than | 927 |
fifteen years of service credit, the average annual salary shall | 928 |
be determined using five years of contributions. The percentage | 929 |
shall be the sum of two and one-half per cent for each of the | 930 |
first twenty years
| 931 |
932 | |
to twenty-fifth years
| 933 |
934 | |
year in excess of twenty-five years | 935 |
of service | 936 |
exceed seventy-two per cent of the member's average annual salary. | 937 |
(4) A member of the fund whose membership began on or after | 938 |
July 2, 2013, and who has twenty-five years of service credit and | 939 |
has attained forty-eight years of age may elect to retire. Upon | 940 |
notifying the board in writing of the election, the member shall | 941 |
receive an annual pension, payable in twelve monthly installments, | 942 |
in an amount determined under division (C)(1) of this section | 943 |
except that the amount shall be reduced to be the actuarial | 944 |
equivalent, as determined by the fund's actuary, of the amount | 945 |
payable had the member retired at fifty-two years of age. | 946 |
(5) With the exception of those persons who may make | 947 |
application for benefits as provided in section 742.26 of the | 948 |
Revised Code, no person receiving a pension or other benefit under | 949 |
division (C) of this section on or after July 24, 1986, shall be | 950 |
entitled to apply for any new, changed, or different benefit. | 951 |
If a member covered by division (C) of this section or | 952 |
section 742.38 of the Revised Code dies prior to the time the | 953 |
member has received a payment and leaves a surviving spouse or | 954 |
dependent child, the surviving spouse or dependent child shall | 955 |
receive a pension under division (D) or (E) of this section. | 956 |
(D)(1) Except as provided in division (D)(2) of this section, | 957 |
a surviving spouse of a deceased member of the fund or a surviving | 958 |
spouse described in division (D)(4) of this section shall receive | 959 |
a monthly pension as follows: | 960 |
(a) For the period beginning July 1, 1999, and ending June | 961 |
30, 2000, five hundred fifty dollars; | 962 |
(b) For the period beginning July 1, 2000, and ending June | 963 |
30, 2002, five hundred fifty dollars plus an amount determined by | 964 |
multiplying five hundred fifty dollars by the average percentage | 965 |
change in the consumer price index, not exceeding three per cent, | 966 |
as was annually determined by the board under | 967 |
742.3716 of the Revised Code as that section existed on January | 968 |
31, 2002; | 969 |
(c) For the period beginning July 1, 2002, and the period | 970 |
beginning the first day of July of each year thereafter and | 971 |
continuing for the following twelve months, an amount equal to the | 972 |
monthly amount paid during the prior twelve-month period plus | 973 |
sixteen dollars and fifty cents. | 974 |
(2) A surviving spouse of a deceased member of the fund shall | 975 |
receive a monthly pension of four hundred ten dollars if the | 976 |
surviving spouse is eligible for a benefit under division (B) or | 977 |
(D) of section 742.63 of the Revised Code. If the surviving spouse | 978 |
ceases to be eligible for a benefit under division (B) or (D) of | 979 |
section 742.63 of the Revised Code, the pension shall be | 980 |
increased, effective the first day of the first month following | 981 |
the day on which the surviving spouse ceases to be eligible for | 982 |
the benefit, to the amount it would be under division (D)(1) of | 983 |
this section had the spouse never been eligible for a benefit | 984 |
under division (B) or (D) of section 742.63 of the Revised Code. | 985 |
(3) A pension paid under this division shall continue during | 986 |
the natural life of the surviving spouse. Benefits to a deceased | 987 |
member's surviving spouse that were terminated under a former | 988 |
version of this section that required termination due to | 989 |
remarriage and were not resumed prior to September 16, 1998, shall | 990 |
resume on the first day of the month immediately following receipt | 991 |
by the board of an application on a form provided by the board. | 992 |
(4) A surviving spouse of a deceased member of or contributor | 993 |
to a fund established under former Chapter 521. or 741. of the | 994 |
Revised Code whose benefit or pension was terminated or not paid | 995 |
due to remarriage shall receive a monthly pension under division | 996 |
(D)(1) of this section. | 997 |
The pension shall commence on the first day of the month | 998 |
immediately following receipt by the board of a completed | 999 |
application on a form provided by the board and evidence | 1000 |
acceptable to the board that at the time of death the deceased | 1001 |
spouse was a member of or contributor to a police or firemen's | 1002 |
relief and pension fund established under former Chapter 521. or | 1003 |
741. of the Revised Code and that the surviving spouse's benefits | 1004 |
were terminated or not granted due to remarriage. | 1005 |
(E)(1) Each surviving child of a deceased member of the fund | 1006 |
shall receive a monthly pension until the child attains the age of | 1007 |
eighteen years, or marries, whichever event occurs first. A | 1008 |
pension under this division, however, shall continue to be payable | 1009 |
to a child under age twenty-two who is a student in and attending | 1010 |
an institution of learning or training pursuant to a program | 1011 |
designed to complete in each school year the equivalent of at | 1012 |
least two-thirds of the full-time curriculum requirements of the | 1013 |
institution, as determined by the board. If any surviving child, | 1014 |
regardless of age at the time of the member's death, because of | 1015 |
physical or mental disability, is totally dependent upon the | 1016 |
deceased member for support at the time of death, the child shall | 1017 |
receive a monthly pension under this division during the child's | 1018 |
natural life or until the child has recovered from the disability. | 1019 |
(2) An eligible surviving child shall receive a monthly | 1020 |
pension as follows: | 1021 |
(a) For the period beginning July 1, 2001, and ending June | 1022 |
30, 2002, a monthly pension of one hundred fifty dollars plus the | 1023 |
cost of living increase | 1024 |
former section 742.3720 of the Revised Code; | 1025 |
(b) For the period beginning July 1, 2002, and ending June | 1026 |
30, 2003, one hundred sixty-three dollars and fifty cents; | 1027 |
(c) For the period beginning July 1, 2003, and the period | 1028 |
beginning the first day of each July thereafter and continuing for | 1029 |
the following twelve months, an amount equal to the monthly amount | 1030 |
paid during the prior twelve-month period plus four dollars and | 1031 |
fifty cents. | 1032 |
(F)(1) If a deceased member of the fund leaves no surviving | 1033 |
spouse or surviving children, but leaves one or two parents | 1034 |
dependent upon the deceased member for support, each parent shall | 1035 |
be paid a monthly pension. The pensions provided for in this | 1036 |
division shall be paid during the natural life of the surviving | 1037 |
parents, or until dependency ceases, or until remarriage, | 1038 |
whichever event occurs first. | 1039 |
(2) Each eligible surviving parent shall be paid a monthly | 1040 |
pension as follows: | 1041 |
(a) For the period ending June 30, 2002, one hundred six | 1042 |
dollars for each parent or two hundred twelve dollars for a sole | 1043 |
dependent parent; | 1044 |
(b) For the period beginning July 1, 2002, and ending June | 1045 |
30, 2003, one hundred nine dollars for each parent or two hundred | 1046 |
eighteen dollars for a sole dependent parent; | 1047 |
(c) For the period beginning July 1, 2003, and the first day | 1048 |
of each July thereafter and continuing for the following twelve | 1049 |
months, an amount equal to the monthly amount paid during the | 1050 |
prior twelve-month period plus three dollars for each parent or | 1051 |
six dollars for a sole dependent parent. | 1052 |
(G)(1) Subject to the provisions of section 742.461 of the | 1053 |
Revised Code, a member of the fund who voluntarily resigns or is | 1054 |
removed from active service in a police or fire department is | 1055 |
entitled to receive an amount equal to the sums deducted from the | 1056 |
member's salary and credited to the member's account in the fund, | 1057 |
except that a member receiving a disability benefit or service | 1058 |
pension is not entitled to receive any return of contributions to | 1059 |
the fund. | 1060 |
(2) A member described in division (G)(1) of this section who | 1061 |
is married at the time of application for payment and would be | 1062 |
eligible for age and service retirement under this section or | 1063 |
section 742.39 of the Revised Code but for a forfeiture ordered | 1064 |
under division (A) or (B) of section 2929.192 of the Revised Code | 1065 |
shall submit with the application a written statement by the | 1066 |
member's spouse attesting that the spouse consents to the payment | 1067 |
of the member's accumulated contributions. Consent shall be valid | 1068 |
only if it is signed and witnessed by a notary public. The board | 1069 |
may waive the requirement of consent if the spouse is | 1070 |
incapacitated or cannot be located, or for any other reason | 1071 |
specified by the board. Consent or waiver is effective only with | 1072 |
regard to the spouse who is the subject of the consent or waiver. | 1073 |
(H) On and after January 1, 1970, all pensions shall be | 1074 |
increased in accordance with the following provisions: | 1075 |
(1) A member of the fund who retired prior to January 1, | 1076 |
1967, has attained age sixty-five on January 1, 1970, and was | 1077 |
receiving a pension on December 31, 1969, pursuant to division (B) | 1078 |
or (C)(1) of this section or former division (C)(2), (3), (4), or | 1079 |
(5) of this section, shall have the pension increased by ten per | 1080 |
cent. | 1081 |
(2) The monthly pension payable to eligible surviving spouses | 1082 |
under division (D) of this section shall be increased by forty | 1083 |
dollars for each surviving spouse receiving a pension on December | 1084 |
31, 1969. | 1085 |
(3) The monthly pension payable to each eligible child under | 1086 |
division (E) of this section shall be increased by ten dollars for | 1087 |
each child receiving a pension on December 31, 1969. | 1088 |
(4) The monthly pension payable to each eligible dependent | 1089 |
parent under division (F) of this section shall be increased by | 1090 |
thirty dollars for each parent receiving a pension on December 31, | 1091 |
1969. | 1092 |
(5) A member of the fund, including a survivor of a member, | 1093 |
who is receiving a pension in accordance with the rules governing | 1094 |
the granting of pensions and benefits in force on April 1, 1947, | 1095 |
that provide an increase in the original pension from time to time | 1096 |
pursuant to changes in the salaries of active members, shall not | 1097 |
be eligible for the benefits provided in this division. | 1098 |
(I) On and after January 1, 1977, a member of the fund who | 1099 |
was receiving a pension or benefit on December 31, 1973, under | 1100 |
division (A), (B), (C)(1), or former division (C)(2) or (7) of | 1101 |
this section shall have the pension or benefit increased as | 1102 |
follows: | 1103 |
(1) If the member's annual pension or benefit is less than | 1104 |
two thousand seven hundred dollars, it shall be increased to three | 1105 |
thousand dollars. | 1106 |
(2) If the member's annual pension or benefit is two thousand | 1107 |
seven hundred dollars or more, it shall be increased by three | 1108 |
hundred dollars. | 1109 |
The following shall not be eligible to receive increased | 1110 |
pensions or benefits as provided in this division: | 1111 |
(a) A member of the fund who is receiving a pension or | 1112 |
benefit in accordance with the rules in force on April 1, 1947, | 1113 |
governing the granting of pensions and benefits, which provide an | 1114 |
increase in the original pension or benefit from time to time | 1115 |
pursuant to changes in the salaries of active members; | 1116 |
(b) A member of the fund who is receiving a pension or | 1117 |
benefit under division (A) or (B) of this section, based on funded | 1118 |
volunteer or funded part-time service, or off-duty disability, or | 1119 |
partial on-duty disability, or early vested service; | 1120 |
(c) A member of the fund who is receiving a pension under | 1121 |
division (C)(1) of this section, based on funded volunteer or | 1122 |
funded part-time service. | 1123 |
(J) On and after July 1, 1977, a member of the fund who was | 1124 |
receiving an annual pension or benefit on December 31, 1973, | 1125 |
pursuant to division (B) of this section, based upon partial | 1126 |
disability, off-duty disability, or early vested service, or | 1127 |
pursuant to former division (C)(3), (5), or (6) of this section, | 1128 |
shall have such annual pension or benefit increased by three | 1129 |
hundred dollars. | 1130 |
The following are not eligible to receive the increase | 1131 |
provided by this division: | 1132 |
(1) A member of the fund who is receiving a pension or | 1133 |
benefit in accordance with the rules in force on April 1, 1947, | 1134 |
governing the granting of pensions and benefits, which provide an | 1135 |
increase in the original pension or benefit from time to time | 1136 |
pursuant to changes in the salaries of active members; | 1137 |
(2) A member of the fund who is receiving a pension or | 1138 |
benefit under division (B) or (C)(2) of this section or former | 1139 |
division (C)(3), (5), or (6) of this section based on volunteer or | 1140 |
part-time service. | 1141 |
(K)(1) Except as otherwise provided in this division, every | 1142 |
person who on July 24, 1986, is receiving an age and service or | 1143 |
disability pension, allowance, or benefit pursuant to this chapter | 1144 |
in an amount less than thirteen thousand dollars a year that is | 1145 |
based upon an award made effective prior to February 28, 1984, | 1146 |
shall receive an increase of six hundred dollars a year or the | 1147 |
amount necessary to increase the pension or benefit to four | 1148 |
thousand two hundred dollars after all adjustments required by | 1149 |
this section, whichever is greater. | 1150 |
(2) Division (K)(1) of this section does not apply to the | 1151 |
following: | 1152 |
(a) A member of the fund who is receiving a pension or | 1153 |
benefit in accordance with rules in force on April 1, 1947, that | 1154 |
govern the granting of pensions and benefits and that provide an | 1155 |
increase in the original pension or benefit from time to time | 1156 |
pursuant to changes in the salaries of active members; | 1157 |
(b) A member of the fund who is receiving a pension or | 1158 |
benefit based on funded volunteer or funded part-time service. | 1159 |
(L) On and after July 24, 1986: | 1160 |
(1) The pension of each person receiving a pension under | 1161 |
division (D) of this section on July 24, 1986, shall be increased | 1162 |
to three hundred ten dollars per month. | 1163 |
(2) The pension of each person receiving a pension under | 1164 |
division (E) of this section on July 24, 1986, shall be increased | 1165 |
to ninety-three dollars per month. | 1166 |
Sec. 742.3711. (A) On application for retirement as provided | 1167 |
in section 742.37 of the Revised Code, a member of the fund may | 1168 |
elect to receive a retirement allowance payable throughout the | 1169 |
member's life, or may elect, on the application for retirement, to | 1170 |
receive the actuarial equivalent of the member's retirement | 1171 |
allowance in a lesser amount payable for life and continuing after | 1172 |
death to a surviving designated beneficiary under one of the | 1173 |
following optional plans, provided the amount payable to the | 1174 |
beneficiary shall not exceed the amount payable to the retiring | 1175 |
member of the fund, and is certified by the actuary engaged by the | 1176 |
board of trustees of the Ohio police and fire pension fund to be | 1177 |
the actuarial equivalent of the member's retirement allowance and | 1178 |
is approved by the board. | 1179 |
(1) Option 1. The member's lesser retirement allowance shall | 1180 |
be paid for life to the sole beneficiary designated at the time of | 1181 |
the member's retirement. | 1182 |
(2) Option 2. One-half or some other portion of the member's | 1183 |
lesser retirement allowance shall be paid for life to the sole | 1184 |
beneficiary designated at the time of the member's retirement. | 1185 |
(3) Option 3. Upon the member's death before the expiration | 1186 |
of a certain period from the retirement date and elected by the | 1187 |
member and approved by the retirement board, the member's lesser | 1188 |
retirement allowance shall be continued for the remainder of that | 1189 |
period to the beneficiary the member has | 1190 |
1191 | |
board. | 1192 |
Should the | 1193 |
1194 | |
the guarantee period, then for the purpose of completing payment | 1195 |
for the remainder of the guarantee period, the present value of | 1196 |
such payments shall be paid to the estate of the beneficiary last | 1197 |
receiving. | 1198 |
(4) Option 4. The member's lesser retirement allowance or a | 1199 |
portion of the lesser retirement allowance shall be paid for life | 1200 |
to two, three, or four surviving beneficiaries designated at the | 1201 |
time of the member's retirement, in such portions as specified at | 1202 |
retirement. If the member elects this plan as required by a court | 1203 |
order issued under section 3105.171 or 3105.65 of the Revised Code | 1204 |
or the laws of another state regarding the division of marital | 1205 |
property and compliance with the court order requires the | 1206 |
allocation of a portion less than ten per cent to any beneficiary, | 1207 |
the member shall allocate a portion less than ten per cent to that | 1208 |
beneficiary in accordance with that order. In all other | 1209 |
circumstances, no portion allocated under this plan of payment | 1210 |
shall be less than ten per cent. The total of the portions | 1211 |
allocated shall not exceed one hundred per cent of the member's | 1212 |
lesser allowance. | 1213 |
(B)(1) The death of a spouse
| 1214 |
beneficiary or the death of any other
| 1215 |
beneficiary following a member's retirement or election under | 1216 |
section 742.44 of the Revised Code to participate in the deferred | 1217 |
retirement option plan shall cancel the portion of the optional | 1218 |
plan of payment providing continuing lifetime benefits to the | 1219 |
deceased | 1220 |
shall receive the actuarial equivalent of the member's single | 1221 |
lifetime benefit, as determined by the board, based on the number | 1222 |
of remaining beneficiaries, with no change in the amount payable | 1223 |
to any remaining beneficiary. The change shall be effective the | 1224 |
month following receipt by the board of notice of the death. | 1225 |
(2) On divorce, annulment, or marriage dissolution, a member | 1226 |
receiving a retirement allowance under a plan that provides for | 1227 |
continuation of all or part of the allowance after death for the | 1228 |
lifetime of the member's surviving spouse may, with the written | 1229 |
consent of the spouse or pursuant to an order of the court with | 1230 |
jurisdiction over the termination of the marriage, elect to cancel | 1231 |
the portion of the plan providing continuing lifetime benefits to | 1232 |
that spouse. The member shall receive the actuarial equivalent of | 1233 |
the member's single lifetime benefit as determined by the board | 1234 |
based on the number of remaining beneficiaries, with no change in | 1235 |
amount payable to any remaining beneficiary. The election shall be | 1236 |
made on a form provided by the board and shall be effective the | 1237 |
month following its receipt by the board. | 1238 |
(C)(1) Following marriage or remarriage, both of the | 1239 |
following apply: | 1240 |
(a) A member of the fund receiving a retirement allowance | 1241 |
under section 742.37 or 742.39 of the Revised Code may elect not | 1242 |
later than one year after the date of marriage or remarriage a new | 1243 |
optional plan of payment based on the actuarial equivalent of the | 1244 |
member's single lifetime benefit as determined by the board. | 1245 |
(b) If a member is receiving a retirement allowance pursuant | 1246 |
to a plan of payment providing for payment to a former spouse | 1247 |
pursuant to a court order described in division (D)(1)(c) of this | 1248 |
section and the board has received a copy of the order described | 1249 |
in that division, the member may elect a new plan of payment under | 1250 |
"option 4" based on the actuarial equivalent of the retirant's | 1251 |
single lifetime retirement allowance as determined by the board if | 1252 |
the new plan of payment elected does not reduce the payment to the | 1253 |
former spouse. | 1254 |
(2) A plan elected under this division and the member's | 1255 |
lesser retirement allowance shall become effective on the date of | 1256 |
receipt by the board of an application on a form approved by the | 1257 |
board. | 1258 |
(D)(1) Unless one of the following occurs, an application for | 1259 |
retirement by a married person shall be considered an election of | 1260 |
a benefit under option 2 as provided for in division (A)(2) of | 1261 |
this section under which one-half of the lesser retirement | 1262 |
allowance payable during the life of the retirant will be paid | 1263 |
after death to the retirant's spouse for life as sole beneficiary: | 1264 |
(a) The retirant selects an optional plan under division (A) | 1265 |
of this section providing for payment after death to the | 1266 |
retirant's spouse for life as sole beneficiary of more than | 1267 |
one-half of the lesser retirement allowance payable during the | 1268 |
life of the retirant; | 1269 |
(b) The retirant submits to the | 1270 |
statement signed by the spouse attesting that the spouse consents | 1271 |
to the retirant's election to receive a single lifetime retirement | 1272 |
allowance or a payment under an optional benefit plan under which | 1273 |
after the death of the retirant the surviving spouse will receive | 1274 |
less than one-half of the lesser retirement allowance payable | 1275 |
during the life of the retirant; | 1276 |
(c) A plan of payment providing for payment in a specified | 1277 |
amount continuing after the retirant's death to a former spouse is | 1278 |
required by a court order issued prior to the effective date of | 1279 |
the retirant's retirement under section 3105.171 or 3105.65 of the | 1280 |
Revised Code or the laws of another state regarding division of | 1281 |
marital property. | 1282 |
(d) If a retirant is subject to division (D)(1)(c) of this | 1283 |
section and the board has received a copy of the order described | 1284 |
in that division, the board shall accept the retirant's election | 1285 |
of a plan of payment under this section only if the retirant | 1286 |
complies with both of the following: | 1287 |
(i) The retirant elects a plan of payment that is in | 1288 |
accordance with the order described in division (D)(1)(c) of this | 1289 |
section. | 1290 |
(ii) If the retirant is married, the retirant elects "option | 1291 |
4" and designates the retirant's current spouse as a beneficiary | 1292 |
under that plan unless that spouse consents in writing to not | 1293 |
being designated a beneficiary under any plan of payment or the | 1294 |
board waives the requirement that the current spouse consent. | 1295 |
(2) An application for retirement shall include an | 1296 |
explanation of all of the following: | 1297 |
(a) That, if the member is married, unless the spouse | 1298 |
consents to another plan of payment or there is a court order | 1299 |
dividing marital property issued under section 3105.171 or 3105.65 | 1300 |
of the Revised Code or the laws of another state regarding the | 1301 |
division of marital property that provides for payment in a | 1302 |
specified amount, the member's retirement allowance will be paid | 1303 |
under "option 2" and consist of the actuarial equivalent of the | 1304 |
member's retirement allowance in a lesser amount payable for life | 1305 |
and one-half of the lesser allowance continuing after death to the | 1306 |
surviving spouse for the life of the spouse; | 1307 |
(b) A description of the alternative plans of payment | 1308 |
available with the consent of the spouse; | 1309 |
(c) That the spouse may consent to another plan of payment | 1310 |
and the procedure for giving consent; | 1311 |
(d) That consent is irrevocable once notice of consent is | 1312 |
filed with the board. | 1313 |
Consent shall be valid only if it is signed, in writing, and | 1314 |
witnessed by an employee of the board or a notary public. | 1315 |
(3) If the retirant does not select an optional plan as | 1316 |
described in division (D)(1)(a) of this section and the board does | 1317 |
not receive the written statement provided for in division | 1318 |
(D)(1)(b) of this section, it shall determine and pay the | 1319 |
retirement allowance in accordance with division (A)(2) of this | 1320 |
section, except that the board may provide by rule for waiver by | 1321 |
the board of the statement and payment of the allowance other than | 1322 |
in accordance with division (A)(2) of this section if the retirant | 1323 |
is unable to obtain the statement due to absence or incapacity of | 1324 |
the spouse or other cause specified by the board. | 1325 |
(E) A member of the fund who has elected an optional plan | 1326 |
under this section or section 742.3715 of the Revised Code may, | 1327 |
with the consent of the designated beneficiary, cancel the | 1328 |
optional plan and receive the retirement allowance payable | 1329 |
throughout life the member would have received had the member not | 1330 |
elected the optional plan, if the member makes a request to cancel | 1331 |
the optional plan not later than one year after the later of | 1332 |
September 9, 1988, or the date on which the member first receives | 1333 |
a payment under this section or section 742.3715 of the Revised | 1334 |
Code. Cancellation of the optional plan shall be effective the | 1335 |
month after acceptance of the request by the trustees of the fund. | 1336 |
No payment or adjustment shall be made in the retirement allowance | 1337 |
payable throughout the member's life to compensate for the lesser | 1338 |
allowance the member received under the optional plan. | 1339 |
The request to cancel the optional plan shall be made on a | 1340 |
form provided by the fund and shall be valid only if the completed | 1341 |
form includes a signed statement of the designated beneficiary's | 1342 |
understanding of and consent to the cancellation. The signature | 1343 |
shall be verified by the trustees of the fund prior to their | 1344 |
acceptance of the cancellation. | 1345 |
(F) Any option elected and payments made under this section | 1346 |
shall be in addition to any benefit payable under divisions (D), | 1347 |
(E), and (F) of section 742.37 of the Revised Code. | 1348 |
(G) A person is eligible to receive a benefit increase under | 1349 |
this division if the person is receiving a retirement allowance or | 1350 |
benefit under an optional plan elected under this section or | 1351 |
section 742.3715 of the Revised Code based on an award made prior | 1352 |
to July 24, 1986. A person is not eligible to receive an increase | 1353 |
under this division if the person is receiving a pension or | 1354 |
benefit in accordance with rules in force on April 1, 1947, that | 1355 |
govern the granting of pensions and benefits and that provide an | 1356 |
increase in the original pension or benefit from time to time | 1357 |
pursuant to changes in the salaries of active members. | 1358 |
The board shall annually increase all benefits payable under | 1359 |
this section or section 742.3715 of the Revised Code to eligible | 1360 |
persons by the actuarial equivalent of three hundred sixty | 1361 |
dollars, except that no benefit shall exceed the limit established | 1362 |
by section 415 of the "Internal Revenue Code of 1986," 100 Stat. | 1363 |
2085, 26 U.S.C.A. 415, as amended. | 1364 |
The first increase is payable to all eligible persons on July | 1365 |
1, 1988. The increase is payable for the ensuing twelve-month | 1366 |
period or until the next increase is granted under this section, | 1367 |
whichever is later. | 1368 |
The date of the first increase payable under this section | 1369 |
shall be the anniversary date for future increases. | 1370 |
If payment of a portion of a benefit is made to an alternate | 1371 |
payee under section 742.462 of the Revised Code, increases under | 1372 |
this division granted while the order is in effect shall be | 1373 |
apportioned between the alternate payee and the benefit recipient | 1374 |
in the same proportion that the amount being paid to the alternate | 1375 |
payee bears to the amount paid to the benefit recipient. | 1376 |
If payment of a portion of a retirement allowance is made to | 1377 |
one or more beneficiaries under "option 4" under division (A)(4) | 1378 |
of section 742.3711 of the Revised Code, each increase under this | 1379 |
division granted while the plan of payment is in effect shall be | 1380 |
divided among the designated beneficiaries in accordance with the | 1381 |
portion each beneficiary has been allocated. | 1382 |
Sec. 742.3716. (A) | 1383 |
| 1384 |
1385 |
| 1386 |
1387 | |
1388 |
| 1389 |
1390 |
| 1391 |
1392 |
| 1393 |
1394 | |
1395 | |
1396 |
| 1397 |
average annual compensation of a member of the Ohio police and | 1398 |
fire pension fund during any three years of contributions, | 1399 |
including amounts included in terminal pay attributable to such | 1400 |
three years, determined by dividing the member's total earnings as | 1401 |
an employee during such years by three. | 1402 |
| 1403 |
1404 | |
1405 | |
1406 | |
1407 | |
1408 | |
1409 |
| 1410 |
1411 | |
1412 | |
1413 | |
1414 | |
1415 | |
1416 | |
1417 | |
1418 | |
1419 | |
1420 | |
1421 | |
1422 | |
1423 | |
1424 |
| 1425 |
1426 | |
1427 | |
1428 | |
1429 | |
1430 | |
1431 |
| 1432 |
1433 | |
1434 | |
1435 | |
1436 | |
1437 | |
1438 | |
1439 | |
1440 | |
1441 | |
1442 |
| 1443 |
prepared by the United States bureau of labor statistics (U.S. | 1444 |
city average for urban wage earners and clerical workers: all | 1445 |
items 1982-84=100), or, if that index is no longer published, a | 1446 |
generally available comparable index. | 1447 |
(B) For persons who become members of the fund on or after | 1448 |
July 1, 2013, and members of the fund who as of July 1, 2013, have | 1449 |
less than fifteen years of service credit and are not receiving a | 1450 |
pension or disability benefit under this chapter, the board of | 1451 |
trustees of the Ohio police and fire pension fund shall annually | 1452 |
increase | 1453 |
1454 | |
each member pursuant to section 742.37 of the Revised Code or | 1455 |
division (D)(2) or (4) of section 742.38 of the Revised Code once | 1456 |
the member has received the pension or benefit for at least one | 1457 |
year and has attained the age of fifty-five. Benefits that become | 1458 |
payable pursuant to division (D)(1) of section 742.38 of the | 1459 |
Revised Code shall be increased annually once the member has | 1460 |
received the benefits for at least one year. | 1461 |
The pension or benefit shall be increased by the lesser of | 1462 |
the following: | 1463 |
(1) Three per cent; | 1464 |
(2) The percentage increase, if any, in the consumer price | 1465 |
index over the twelve-month period that ends on the thirtieth day | 1466 |
of September of the immediately preceding year, rounded to the | 1467 |
nearest one-tenth of one per cent. | 1468 |
In no event shall the pension or benefit exceed the limit | 1469 |
established by section 415 of the "Internal Revenue Code of 1986," | 1470 |
100 Stat. 2085, 26 U.S.C.A. 415, as amended. | 1471 |
| 1472 |
1473 | |
1474 | |
1475 | |
1476 |
The date of the first increase paid under this | 1477 |
division shall be the anniversary date for future increases. The | 1478 |
pension or benefit used in the first calculation of an increase | 1479 |
under this
| 1480 |
future increases paid under this | 1481 |
base is established by law. | 1482 |
1483 |
(C) For members of the fund who as of July 1, 2013, have | 1484 |
fifteen or more years of service credit and are not receiving a | 1485 |
pension or disability benefit under this chapter and members who | 1486 |
are receiving a pension or disability benefit that became | 1487 |
effective before that date and did not make the election under | 1488 |
division (D) of this section, the board shall annually increase | 1489 |
the pension or benefits that become payable to each member | 1490 |
pursuant to section 742.37 of the Revised Code or division (D)(2) | 1491 |
or (4) of section 742.38 of the Revised Code once the member has | 1492 |
received the pension or benefits for at least one year and has | 1493 |
attained the age of fifty-five. Benefits that become payable | 1494 |
pursuant to division (D)(1) of section 742.38 of the Revised Code | 1495 |
shall be increased once the member has received the benefits for | 1496 |
at least one year. | 1497 |
The pension or disability benefit shall be increased by three | 1498 |
per cent. In no event shall the pension or benefit exceed the | 1499 |
limit established by section 415 of the "Internal Revenue Code of | 1500 |
1986," 100 Stat. 2085, 26 U.S.C. 415, as amended. | 1501 |
The date of the first increase paid under this division shall | 1502 |
be the anniversary date for future increases. The pension or | 1503 |
benefit used in the first calculation of an increase under this | 1504 |
division shall remain as the base for all future increases paid | 1505 |
under this division unless a new base is established by law. | 1506 |
(D)(1) Notwithstanding any other provision of this section, | 1507 |
section 742.37, or section 742.39 of the Revised Code, a member of | 1508 |
the fund who is not receiving a pension or benefit under this | 1509 |
chapter and on January 1, 1989, had fifteen or more years of | 1510 |
service credit under this chapter may elect to have any future | 1511 |
pension or benefit paid to the member or the member's spouse or | 1512 |
survivors under this chapter calculated on the basis of the | 1513 |
member's recalculated average annual salary rather than the | 1514 |
member's average annual salary as determined under section 742.37 | 1515 |
or 742.39 of the Revised Code. The election shall be made by the | 1516 |
member prior to or at the time of making an election under section | 1517 |
742.3711 of the Revised Code. | 1518 |
(2) If a member eligible to make the election under division | 1519 |
(D)(1) of this section dies prior to making the election and at | 1520 |
the time of death is eligible to retire and receive a pension or | 1521 |
benefit under division (C)(1) or (3) of section 742.37 of the | 1522 |
Revised Code, the person entitled to receive a benefit under | 1523 |
section 742.3714 of the Revised Code may make the election | 1524 |
provided for in this division. | 1525 |
(3) The election under division (D)(1) or (2) of this section | 1526 |
shall be made on forms provided by the fund. Once received by the | 1527 |
fund, the election is irrevocable and binds the member and any | 1528 |
other person who receives a pension or benefit based on the | 1529 |
member's service. No person who receives a pension or benefit | 1530 |
calculated in accordance with division (D) of this section is | 1531 |
eligible to receive an increase under this section. If the person | 1532 |
making the election receives a benefit under section 742.3714 of | 1533 |
the Revised Code, that person is not eligible to receive an | 1534 |
increase under division (G) of section 742.3711 of the Revised | 1535 |
Code. | 1536 |
(E) A member whose election to participate in the deferred | 1537 |
retirement option plan established under section 742.43 of the | 1538 |
Revised Code
| 1539 |
1540 | |
1541 | |
1542 | |
1543 | |
1544 |
| 1545 |
1546 | |
1547 | |
1548 | |
1549 | |
an increase under this section while participating in the deferred | 1550 |
retirement option plan on attaining the age of fifty-five and | 1551 |
having participated in the plan twelve months. The pension amount | 1552 |
used in the first calculation of an increase under this section | 1553 |
shall be the amount calculated under section 742.442 of the | 1554 |
Revised Code unless the member's participation has terminated | 1555 |
pursuant to division (C) of section 742.444 or to section 742.445 | 1556 |
of the Revised Code. A member whose election to participate in the | 1557 |
deferred retirement option plan is effective on or after July 2, | 1558 |
2013, shall not receive an increase under this section while | 1559 |
participating in the deferred retirement option plan. | 1560 |
| 1561 |
alternate payee under section 742.462 of the Revised Code, | 1562 |
increases under this section granted while the order is in effect | 1563 |
shall be apportioned between the alternate payee and the benefit | 1564 |
recipient in the same proportion that the amount being paid to the | 1565 |
alternate payee bears to the amount paid to the benefit recipient. | 1566 |
If payment of a portion of a retirement allowance is made to | 1567 |
one or more beneficiaries under "option 4" under division (A)(4) | 1568 |
of section 742.3711 of the Revised Code, each increase under this | 1569 |
section granted while the plan of payment is in effect shall be | 1570 |
divided among the designated beneficiaries in accordance with the | 1571 |
portion each beneficiary has been allocated. | 1572 |
Sec. 742.38. (A)(1) The board of trustees of the Ohio police | 1573 |
and fire pension fund shall adopt rules establishing minimum | 1574 |
medical testing and diagnostic standards or procedures to be | 1575 |
incorporated into physical examinations administered by physicians | 1576 |
to prospective members of the fund. The standards or procedures | 1577 |
shall include diagnosis and evaluation of the existence of any | 1578 |
heart disease, cardiovascular disease, or respiratory disease. The | 1579 |
rules shall specify the form of the physician's report and the | 1580 |
information to be included in it. | 1581 |
The board shall notify all employers of the establishment of | 1582 |
the minimum standards or procedures and shall include with the | 1583 |
notice a copy of the standards or procedures. The board shall | 1584 |
notify all employers of any changes made to the standards or | 1585 |
procedures. Once the standards or procedures take effect, | 1586 |
employers shall cause each prospective member of the fund to | 1587 |
submit to a physical examination that incorporates the standards | 1588 |
or procedures. | 1589 |
(2) Division (A)(2) of this section applies to an employee | 1590 |
who becomes a member of the fund on or after the date the minimum | 1591 |
standards or procedures described in division (A)(1) of this | 1592 |
section take effect. For each employee described in division | 1593 |
(A)(2) of this section, the employer shall forward to the board a | 1594 |
copy of the physician's report of a physical examination that | 1595 |
incorporates the standards or procedures described in division | 1596 |
(A)(1) of this section. If an employer fails to forward the report | 1597 |
in the form required by the board on or before the date that is | 1598 |
sixty days after the employee becomes a member of the fund, the | 1599 |
board shall assess against the employer a penalty determined under | 1600 |
section 742.353 of the Revised Code. | 1601 |
(B) Application for a disability benefit may be made by a | 1602 |
member of the fund or, if the member is incapacitated as defined | 1603 |
in rules adopted by the board, by a person acting on the member's | 1604 |
behalf. Not later than fourteen days after receiving an | 1605 |
application for a disability benefit from a member or a person | 1606 |
acting on behalf of a member, the board shall notify the member's | 1607 |
employer that an application has been filed. The notice shall | 1608 |
state the member's position or rank. Not later than twenty-eight | 1609 |
days after receiving the notice or filing an application on behalf | 1610 |
of a member, the employer shall forward to the board a statement | 1611 |
certifying the member's job description and any other information | 1612 |
required by the board to process the application. | 1613 |
If the member applying for a disability benefit becomes a | 1614 |
member of the fund prior to the date the minimum standards or | 1615 |
procedures described in division (A)(1) of this section take | 1616 |
effect, the board may request from the member's employer a copy of | 1617 |
the physician's report of the member's physical examination taken | 1618 |
on entry into the police or fire department or, if the employer | 1619 |
does not have a copy of the report, a written statement certifying | 1620 |
that the employer does not have a copy of the report. If an | 1621 |
employer fails to forward the report or statement in the form | 1622 |
required by the board on or before the date that is twenty-eight | 1623 |
days after the date of the request, the board shall assess against | 1624 |
the employer a penalty determined under section 742.353 of the | 1625 |
Revised Code. The board shall maintain the information submitted | 1626 |
under this division and division (A)(2) of this section in the | 1627 |
member's file. | 1628 |
(C) For purposes of determining under division (D) of this | 1629 |
section whether a member of the fund is disabled, the board shall | 1630 |
adopt rules establishing objective criteria under which the board | 1631 |
shall make the determination. The rules shall include standards | 1632 |
that provide for all of the following: | 1633 |
(1) Evaluating a member's illness or injury on which an | 1634 |
application for disability benefits is based; | 1635 |
(2) Defining the occupational duties of a police officer or | 1636 |
firefighter; | 1637 |
(3) Providing for the board to assign competent and | 1638 |
disinterested physicians and vocational evaluators to conduct | 1639 |
examinations of a member; | 1640 |
(4) Requiring a written report for each disability | 1641 |
application that includes a summary of findings, medical opinions, | 1642 |
including an opinion on whether the illness or injury upon which | 1643 |
the member's application for disability benefits is based was | 1644 |
caused or induced by the actual performance of the member's | 1645 |
official duties, and any recommendations or comments based on the | 1646 |
medical opinions; | 1647 |
(5) Providing for the board to consider the member's | 1648 |
potential for retraining or reemployment. | 1649 |
(D) This division does not apply to members of the fund who | 1650 |
have elected to receive benefits and pensions in accordance with | 1651 |
division (A) or (B) of section 742.37 of the Revised Code or from | 1652 |
a police relief and pension fund or a firemen's relief and pension | 1653 |
fund in accordance with the rules of that fund in force on April | 1654 |
1, 1947. | 1655 |
| 1656 |
| 1657 |
to perform the duties of any gainful occupation for which the | 1658 |
member is reasonably fitted by training, experience, and | 1659 |
accomplishments. Absolute helplessness is not a prerequisite of | 1660 |
being totally disabled. | 1661 |
| 1662 |
from which there is no present indication of recovery. | 1663 |
(1) A member of the fund who is permanently and totally | 1664 |
disabled as the result of the performance of the member's official | 1665 |
duties as a member of a police or fire department shall be paid | 1666 |
annual disability benefits in accordance with division (A) of | 1667 |
section 742.39 of the Revised Code. In determining whether a | 1668 |
member of the fund is permanently and totally disabled, the board | 1669 |
shall consider standards adopted under division (C) of this | 1670 |
section applicable to the determination. | 1671 |
(2) A member of the fund who is permanently and partially | 1672 |
disabled as the result of the performance of the member's official | 1673 |
duties as a member of a police or fire department shall, if the | 1674 |
disability prevents the member from performing those duties and | 1675 |
impairs the member's earning capacity, receive annual disability | 1676 |
benefits in accordance with division (B) of section 742.39 of the | 1677 |
Revised Code. In determining whether a member of the fund is | 1678 |
permanently and partially disabled, the board shall consider | 1679 |
standards adopted under division (C) of this section applicable to | 1680 |
the determination. | 1681 |
(3) A member of the fund who is permanently disabled as a | 1682 |
result of heart disease or any cardiovascular or respiratory | 1683 |
disease of a chronic nature, which disease or any evidence of | 1684 |
which disease was not revealed by the physical examination passed | 1685 |
by the member on entry into the department or another examination | 1686 |
specified in rules the board adopts under section 742.10 of the | 1687 |
Revised Code, is presumed to have incurred the disease while | 1688 |
performing the member's official duties, unless the contrary is | 1689 |
shown by competent evidence. The board may waive the requirement | 1690 |
that the absence of disease be evidenced by a physical examination | 1691 |
if competent medical evidence of a type specified in rules adopted | 1692 |
under section 742.10 of the Revised Code is submitted documenting | 1693 |
that the disease was not evident prior to or at the time of entry | 1694 |
into the department. | 1695 |
(4) A member of the fund who has | 1696 |
of | 1697 |
incurred a permanent disability not caused or induced by the | 1698 |
actual performance of the member's official duties as a member of | 1699 |
the department, or by the member's own negligence, shall if the | 1700 |
disability prevents the member from performing those duties and | 1701 |
impairs the member's earning capacity, receive annual disability | 1702 |
benefits in accordance with division (C) of section 742.39 of the | 1703 |
Revised Code. In determining whether a member of the fund is | 1704 |
permanently disabled, the board shall consider standards adopted | 1705 |
under division (C) of this section applicable to the | 1706 |
determination. | 1707 |
(5) The board shall notify a member of its final action | 1708 |
awarding a disability benefit to the member within thirty days of | 1709 |
the final action. The notice shall be sent by certified mail, | 1710 |
return receipt requested. Not later than ninety days after receipt | 1711 |
of notice from the board, the member shall elect, on a form | 1712 |
provided by the board, either to accept or waive the disability | 1713 |
benefit award. If the member elects to waive the disability | 1714 |
benefit award or fails to make an election within the time period, | 1715 |
the award is rescinded. A member who later seeks a disability | 1716 |
benefit award shall be required to make a new application, which | 1717 |
shall be dealt with in accordance with the procedures used for | 1718 |
original disability benefit applications. | 1719 |
A person is not eligible to apply for or receive disability | 1720 |
benefits under this division, section 742.39 of the Revised Code, | 1721 |
or division (C)(2), (3), (4), or (5) of former section 742.37 of | 1722 |
the Revised Code unless the person is a member of the fund on the | 1723 |
date on which the application for disability benefits is submitted | 1724 |
to the fund. | 1725 |
With the exception of persons who may make application for | 1726 |
increased benefits as provided in division (D)(2) or (4) of this | 1727 |
section or division (C)(3) or (5) of former section 742.37 of the | 1728 |
Revised Code on or after July 24, 1986, or persons who may make | 1729 |
application for benefits as provided in section 742.26 of the | 1730 |
Revised Code, no person receiving a pension or benefit under this | 1731 |
section or division (C) of former section 742.37 of the Revised | 1732 |
Code may apply for any new, changed, or different benefit. | 1733 |
Sec. 742.39. (A) A member of the Ohio police and fire | 1734 |
pension fund determined to be eligible for a disability benefit | 1735 |
under division (D)(1) of section 742.38 of the Revised Code shall | 1736 |
be paid annual disability benefits, payable in twelve monthly | 1737 |
installments, in an amount equal to seventy-two per cent of the | 1738 |
member's average annual salary. If, as of July 2, 2013, the member | 1739 |
had fifteen or more years of service credit, the average annual | 1740 |
salary shall be determined using three years of contributions. If, | 1741 |
as of that date, the member had less than fifteen years of service | 1742 |
credit, the average annual salary shall be determined using five | 1743 |
years of contributions. | 1744 |
(B) A member of the fund determined to be eligible for a | 1745 |
disability benefit under division (D)(2) of section 742.38 of the | 1746 |
Revised Code shall be paid annual disability benefits, payable in | 1747 |
twelve monthly installments. If the member has fewer than | 1748 |
twenty-five years of | 1749 |
credit, the benefit shall be in an amount fixed by the board of | 1750 |
trustees of the Ohio police and fire pension fund. The board may | 1751 |
increase or decrease the benefit whenever the board determines | 1752 |
that the impairment of the member's earning capacity warrants an | 1753 |
increase or decrease based on the standards adopted under division | 1754 |
(C) of section 742.38 of the Revised Code applicable to the | 1755 |
determination, but in no event shall the benefit exceed sixty per | 1756 |
cent of the member's average annual salary. | 1757 |
A member who has | 1758 |
1759 | |
disability benefits, payable in twelve monthly installments, in an | 1760 |
amount equal to a percentage of the member's average annual | 1761 |
salary. The percentage shall be the sum of two and one-half per | 1762 |
cent for each of the first twenty years | 1763 |
1764 | |
each of the twenty-first to twenty-fifth years | 1765 |
1766 | |
one-half per cent for each year in excess of twenty-five years | 1767 |
1768 | |
annual disability benefit shall not exceed seventy-two per cent of | 1769 |
the member's average annual salary. | 1770 |
In calculating a benefit under this division, a member's | 1771 |
average annual salary shall be determined using three years of | 1772 |
contributions if, as of July 2, 2013, the member had fifteen or | 1773 |
more years of service credit. If, as of that date, the member had | 1774 |
less than fifteen years of service credit, the average annual | 1775 |
salary shall be determined using five years of contributions. | 1776 |
(C) A member of the fund determined to be eligible for a | 1777 |
disability benefit under division (D)(4) of section 742.38 of the | 1778 |
Revised Code shall be paid annual disability benefits, payable in | 1779 |
twelve monthly installments, in an amount to be fixed by the | 1780 |
board. The board may increase or decrease the benefits whenever | 1781 |
the board determines that the impairment of the member's earning | 1782 |
capacity warrants an increase or decrease based on the standards | 1783 |
adopted under division (C) of section 742.38 of the Revised Code | 1784 |
applicable to the determination, but in no event shall a benefit | 1785 |
paid to the member exceed sixty per cent of the member's average | 1786 |
annual salary. | 1787 |
(D) Each of the following persons who on July 1, 1999, is | 1788 |
receiving annual benefits of less than six thousand six hundred | 1789 |
dollars shall have the benefits increased to that amount effective | 1790 |
July 1, 1999: | 1791 |
(1) A person receiving annual benefits described in division | 1792 |
(A) of this section; | 1793 |
(2) A person receiving annual benefits described in division | 1794 |
(C) of this section based on an award made prior to September 16, | 1795 |
1998. | 1796 |
(E) Benefits payable under this section continue until death | 1797 |
unless adjusted under division (D)(5) of section 742.38 of the | 1798 |
Revised Code or adjusted or terminated under division (C)(3) of | 1799 |
section 742.40 of the Revised Code. | 1800 |
Sec. 742.44. Except as provided in section 742.14 of the | 1801 |
Revised Code, at any time prior to filing an application for | 1802 |
retirement under division (C)(1) of section 742.37 of the Revised | 1803 |
Code, a member who has attained the requisite age and is eligible | 1804 |
to retire under that division may elect to participate in the | 1805 |
deferred retirement option plan established under section 742.43 | 1806 |
of the Revised Code. | 1807 |
To make an election, an eligible member shall complete and | 1808 |
submit to the Ohio police and fire pension fund a form prescribed | 1809 |
by the fund. At this time the member may, but is not required to, | 1810 |
elect under section 742.3711 of the Revised Code to have the | 1811 |
member's monthly pension calculated as a retirement allowance | 1812 |
payable throughout the member's life or a retirement allowance | 1813 |
under option 2 in division (A) of section 742.3711 of the Revised | 1814 |
Code. Unless rescinded during a period specified in rules adopted | 1815 |
under section 742.43 of the Revised Code, the election is | 1816 |
irrevocable from the date it is received by the fund until the | 1817 |
employee ceases to participate in the plan as provided in section | 1818 |
742.444 of the Revised Code. | 1819 |
A member is not required to specify the number of years or | 1820 |
portion of a year the member will participate in the plan but must | 1821 |
agree to terminate active service in a police or fire department | 1822 |
and begin receiving the member's pension not later than the date | 1823 |
that is eight years after the effective date of the election to | 1824 |
participate in the plan or be subject to the forfeiture provisions | 1825 |
of division (C) of section 742.444 of the Revised Code. | 1826 |
The effective date of an election made under this section is | 1827 |
the first day of the employer's first payroll period immediately | 1828 |
following the board's receipt of the notice of election. | 1829 |
Sec. 742.442. For each member who elects to participate in | 1830 |
the deferred retirement option plan, the Ohio police and fire | 1831 |
pension fund shall determine under division (C)(1) of section | 1832 |
742.37 of the Revised Code the monthly pension amount that would | 1833 |
be payable to the member had the member elected to receive a | 1834 |
pension under that division. In determining the pension amount, | 1835 |
the fund shall use the member's total service credit and average | 1836 |
annual salary as of the last day of the employer's payroll period | 1837 |
immediately prior to the effective date of the member's election | 1838 |
to participate in the plan. The pension amount shall be calculated | 1839 |
as a retirement allowance payable for the member's life, except | 1840 |
that, if at the time of electing to participate in the plan the | 1841 |
member selected the plan of payment in option 2 of division (A) of | 1842 |
section 742.3711 of the Revised Code, the pension shall be | 1843 |
calculated using that plan of payment. | 1844 |
A member who participates in the plan is not eligible to make | 1845 |
an election under division | 1846 |
Revised Code. | 1847 |
Sec. 742.443. (A) During the period beginning on the | 1848 |
effective date of an election to participate in the deferred | 1849 |
retirement option plan and ending on the date participation | 1850 |
ceases, a member's monthly pension amount determined under section | 1851 |
742.442 of the Revised Code shall accrue to the member's benefit. | 1852 |
1853 | |
of the Revised Code, to this amount shall be added any benefit | 1854 |
increases the member would be eligible for under
| 1855 |
that section | 1856 |
effective date of the member's election, retired under division | 1857 |
(C)(1) of section 742.37 of the Revised Code. | 1858 |
(B)(1) The amounts contributed under section 742.31 of the | 1859 |
Revised Code by a member | 1860 |
elects to participate in the deferred retirement option plan shall | 1861 |
accrue to the member's benefit as follows: | 1862 |
(a) During the period beginning on the first day of the first | 1863 |
payroll period after the election's effective date and ending on | 1864 |
the earlier of the date that is two years thereafter or the date | 1865 |
the member ceases participation in the plan, fifty per cent of the | 1866 |
member's contributions for that period; | 1867 |
(b) During the period beginning on the date that is two years | 1868 |
and one day after accruals begin under this division and ending on | 1869 |
the earlier of the date that is three years thereafter or the date | 1870 |
the member ceases participation in the plan, seventy-five per cent | 1871 |
of the member's contributions for that period; | 1872 |
(c) During the period beginning on the date that is three | 1873 |
years and one day after accruals begin under this section and | 1874 |
ending on the date the member ceases participation in the plan, | 1875 |
one hundred per cent of the member's contributions for that | 1876 |
period. | 1877 |
(2) The amounts contributed under section 742.31 of the | 1878 |
Revised Code by a member who, on or after July 2, 2013, elects to | 1879 |
participate in the deferred retirement option plan shall accrue to | 1880 |
the member's benefit as follows: | 1881 |
(a) During the period beginning on the first day of the first | 1882 |
payroll period after the election's effective date and ending on | 1883 |
the earlier of the date that is three years thereafter or the date | 1884 |
the member ceases participation in the plan, fifty per cent of the | 1885 |
member's contributions for that period; | 1886 |
(b) During the period beginning on the date that is three | 1887 |
years and one day after accruals begin under this division and | 1888 |
ending on the earlier of the date that is five years thereafter or | 1889 |
the date the member ceases participation in the plan, seventy-five | 1890 |
per cent of the member's contributions for that period; | 1891 |
(c) During the period beginning on the date that is five | 1892 |
years and one day after accruals begin under this section and | 1893 |
ending on the date the member ceases participation in the plan, | 1894 |
one hundred per cent of the member's contributions for that | 1895 |
period. | 1896 |
(3) The Ohio police and fire pension fund shall credit the | 1897 |
portion of a member's contributions that are not accrued to the | 1898 |
member's benefit under division (B)(1) or (2) of this section to | 1899 |
the police officers' contribution fund or firefighters' | 1900 |
contribution fund, as appropriate. | 1901 |
(C) During the period beginning on the election's effective | 1902 |
date and ending on the day before the date distributions under | 1903 |
division (B)(3) of section 742.444 of the Revised Code are | 1904 |
completed, the amounts described in divisions (A) and (B)(1) of | 1905 |
this section shall earn interest at an annual rate established by | 1906 |
the board of trustees of the fund and compounded annually using a | 1907 |
method established by rule adopted under section 742.43 of the | 1908 |
Revised Code. | 1909 |
Sec. 742.444. (A) A member's participation in the deferred | 1910 |
retirement option plan ceases on the occurrence of the earliest of | 1911 |
the following: | 1912 |
(1) Termination of the member's active service in a police or | 1913 |
fire department; | 1914 |
(2) The last day of the eight-year period that begins on the | 1915 |
effective date of the member's election to participate in the | 1916 |
plan; | 1917 |
(3) Acceptance by the member of a disability benefit awarded | 1918 |
by the board of trustees of the Ohio police and fire pension fund, | 1919 |
unless the acceptance is revoked by the member in accordance with | 1920 |
rules adopted by the board; | 1921 |
(4) The member's death. | 1922 |
(B) If a member terminates active service in a police or fire | 1923 |
department not later than eight years after the effective date of | 1924 |
the member's election to participate in the plan, all of the | 1925 |
following apply: | 1926 |
(1) The member shall notify the Ohio police and fire pension | 1927 |
fund of the date of termination on a form prescribed by the fund. | 1928 |
The member is not eligible to make another election under section | 1929 |
742.44 of the Revised Code. | 1930 |
(2) | 1931 |
plan is effective before July 2, 2013, the member's termination of | 1932 |
active service occurs on or after the date that is the first day | 1933 |
of the fourth year after the effective date of the election to | 1934 |
participate in the plan, the entire amount that has accrued to the | 1935 |
member's benefit under the deferred retirement option plan shall | 1936 |
be distributed to the member pursuant to the member's selection | 1937 |
under division (B)(3) of this section. If the member's termination | 1938 |
of active service occurs before the date that is four years after | 1939 |
the effective date of the election to participate, the member | 1940 |
shall forfeit the total amount of the interest credited under | 1941 |
division (C) of section 742.443 of the Revised Code. | 1942 |
(b) For a member whose election to participate in the plan is | 1943 |
effective on or after July 2, 2013, if the member's termination of | 1944 |
active service occurs on or after the date that is the sixth year | 1945 |
after the effective date of the election to participate in the | 1946 |
plan, the entire amount that has accrued to the member's benefit | 1947 |
under the deferred retirement option plan shall be distributed to | 1948 |
the member pursuant to the member's selection under division | 1949 |
(B)(3) of this section. If the member's termination of active | 1950 |
service occurs before the date that is six years after the | 1951 |
effective date of the election to participate, the member shall | 1952 |
forfeit the total amount of the interest credited under division | 1953 |
(C) of section 742.443 of the Revised Code. | 1954 |
(3) The member shall select one of the following as the | 1955 |
method of distribution of the amount to be distributed to the | 1956 |
member: | 1957 |
(a) A single payment; | 1958 |
(b) Periodic payments as determined by the board. | 1959 |
The fund shall retain amounts accrued to the benefit of a | 1960 |
member under the plan until a form specifying the method of | 1961 |
distribution selected is filed with the fund by the member or an | 1962 |
authorized representative of the member. | 1963 |
The board shall afford a member who selects periodic payments | 1964 |
the opportunity at least once during each calendar year to change | 1965 |
the member's selection. | 1966 |
(4) Distribution of the amount accrued to a member's benefit | 1967 |
under the deferred retirement option plan shall not commence until | 1968 |
the following: | 1969 |
(a) For members whose election to participate in the plan is | 1970 |
effective before July 2, 2013, the date that is the first day of | 1971 |
the fourth year after the effective date of the election; | 1972 |
(b) For members whose election to participate in the plan is | 1973 |
effective on or after July 2, 2013, the date that is the first day | 1974 |
of the sixth year after the effective date of the election. | 1975 |
(5) The member shall select a plan of payment under section | 1976 |
742.3711 of the Revised Code for the pension payable to the member | 1977 |
under division (C) of section 742.37 of the Revised Code, unless | 1978 |
the member selected a plan of payment at the time of electing to | 1979 |
participate in the plan. The pension shall commence not later than | 1980 |
the first day of the second month following the date the employee | 1981 |
ceases to participate in the plan. | 1982 |
(C) If, at the end of the eight-year period that begins on | 1983 |
the effective date of a member's election to participate in the | 1984 |
plan, the member has failed to terminate active service in a | 1985 |
police or fire department, all of the following apply: | 1986 |
(1) No further amounts shall accrue to the member's benefit, | 1987 |
and the member shall forfeit all amounts that have accrued to the | 1988 |
member's benefit under section 742.443 of the Revised Code. The | 1989 |
amounts forfeited shall be treated as if the member had continued | 1990 |
in the active service of a police or fire department and not | 1991 |
elected to participate in the plan. | 1992 |
(2) The member shall be granted service credit for the period | 1993 |
the member was participating in the plan, and when the member's | 1994 |
pension is calculated under section 742.37 of the Revised Code, | 1995 |
the calculation shall be made as though the member had never | 1996 |
participated in the plan. | 1997 |
(3) Further contributions, and service credit for those | 1998 |
contributions, shall be credited as provided in sections 742.31 | 1999 |
through 742.34 of the Revised Code. | 2000 |
Sec. 742.45. (A) The board of trustees of the Ohio police | 2001 |
and fire pension fund may enter into an agreement with insurance | 2002 |
companies, health insuring corporations, or government agencies | 2003 |
authorized to do business in the state for issuance of a policy or | 2004 |
contract of health, medical, hospital, or surgical benefits, or | 2005 |
any combination thereof, for those individuals receiving service | 2006 |
or disability pensions or survivor benefits subscribing to the | 2007 |
plan. Notwithstanding any other provision of this chapter, the | 2008 |
policy or contract may also include coverage for any eligible | 2009 |
individual's spouse and dependent children and for any of the | 2010 |
eligible individual's sponsored dependents as the board considers | 2011 |
appropriate. | 2012 |
If all or any portion of the policy or contract premium is to | 2013 |
be paid by any individual receiving a service, disability, or | 2014 |
survivor pension or benefit, the individual shall, by written | 2015 |
authorization, instruct the board to deduct from the individual's | 2016 |
benefit the premium agreed to be paid by the individual to the | 2017 |
company, corporation, or agency. | 2018 |
The board may contract for coverage on the basis of part or | 2019 |
all of the cost of the coverage to be paid from appropriate funds | 2020 |
of the Ohio police and fire pension fund. The cost paid from the | 2021 |
funds of the Ohio police and fire pension fund shall be included | 2022 |
in the employer's contribution rates provided by sections 742.33 | 2023 |
and 742.34 of the Revised Code. | 2024 |
The board may provide for self-insurance of risk or level of | 2025 |
risk as set forth in the contract with the companies, | 2026 |
corporations, or agencies, and may provide through the | 2027 |
self-insurance method specific benefits as authorized by the rules | 2028 |
of the board. | 2029 |
(B) Except as otherwise provided in this division, the board | 2030 |
shall, beginning the month following receipt of satisfactory | 2031 |
evidence of the payment for coverage, pay monthly to each | 2032 |
recipient of service, disability, or survivor benefits under the | 2033 |
Ohio police and fire pension fund who is eligible for
| 2034 |
2035 | |
established under Title XVIII of "The Social Security Amendments | 2036 |
of 1965," 79 Stat. 301 (1965), 42 U.S.C.A. 1395j, as amended, an | 2037 |
amount specified by the board or determined pursuant to a formula | 2038 |
established by the board that is not less than ninety-six dollars | 2039 |
and forty cents, for such coverage, except that the board shall | 2040 |
not pay an amount that exceeds the amount paid by the recipient | 2041 |
for the coverage. | 2042 |
The board shall pay not more than one monthly premium under | 2043 |
this division to an eligible benefit recipient even if the | 2044 |
recipient is receiving more than one monthly benefit from the | 2045 |
fund. The board shall not pay a monthly premium under this | 2046 |
division to an eligible benefit recipient who is receiving | 2047 |
reimbursement for the premium from any other source. | 2048 |
(C) The board shall establish by rule requirements for the | 2049 |
coordination of any coverage, payment, or benefit provided under | 2050 |
this section with any similar coverage, payment, or benefit made | 2051 |
available to the same individual by the public employees | 2052 |
retirement system, state teachers retirement system, school | 2053 |
employees retirement system, or state highway patrol retirement | 2054 |
system. | 2055 |
(D) The board shall make all other necessary rules pursuant | 2056 |
to the purpose and intent of this section. | 2057 |
Sec. 742.63. The board of trustees of the Ohio police and | 2058 |
fire pension fund shall adopt rules for the management of the Ohio | 2059 |
public safety officers death benefit fund and for disbursements of | 2060 |
benefits as set forth in this section. | 2061 |
(A) As used in this section: | 2062 |
(1) "Member" means all of the following: | 2063 |
(a) A member of the Ohio police and fire pension fund, | 2064 |
including a member of the fund who has elected to participate in | 2065 |
the deferred retirement option plan established under section | 2066 |
742.43 of the Revised Code or a member of or contributor to a | 2067 |
police or firemen's relief and pension fund established under | 2068 |
former Chapter 521. or 741. of the Revised Code; | 2069 |
(b) A member of the state highway patrol retirement system, | 2070 |
including a member who is participating in the deferred retirement | 2071 |
option plan established under section 5505.50 of the Revised Code; | 2072 |
(c) A member of the public employees retirement system who at | 2073 |
the time of the member's death was one of the following: | 2074 |
(i) A county sheriff or deputy sheriff; | 2075 |
(ii) A full-time regular police officer in a municipal | 2076 |
corporation or township; | 2077 |
(iii) A full-time regular firefighter employed by the state, | 2078 |
an instrumentality of the state, a municipal corporation, a | 2079 |
township, a joint fire district, or another political subdivision; | 2080 |
(iv) A full-time park district ranger or patrol trooper; | 2081 |
(v) A full-time law enforcement officer of the department of | 2082 |
natural resources; | 2083 |
(vi) A full-time department of public safety enforcement | 2084 |
agent; | 2085 |
(vii) A full-time law enforcement officer of parks, waterway | 2086 |
lands, or reservoir lands under the control of a municipal | 2087 |
corporation; | 2088 |
(viii) A full-time law enforcement officer of a conservancy | 2089 |
district; | 2090 |
(ix) A correction officer at an institution under the control | 2091 |
of a county, a group of counties, a municipal corporation, or the | 2092 |
department of rehabilitation and correction; | 2093 |
(x) A state university law enforcement officer; | 2094 |
(xi) An investigator, as defined in section 109.541 of the | 2095 |
Revised Code, or an investigator commissioned as a special agent | 2096 |
of the bureau of criminal identification and investigation. | 2097 |
(xii) A drug agent, as defined in section 145.01 of the | 2098 |
Revised Code. | 2099 |
(d) A member of a retirement system operated by a municipal | 2100 |
corporation who at the time of death was a full-time law | 2101 |
enforcement officer of parks, waterway lands, or reservoir lands | 2102 |
under the control of the municipal corporation. | 2103 |
(2) Notwithstanding section 742.01 of the Revised Code, "fire | 2104 |
or police department" includes a fire department of the state or | 2105 |
an instrumentality of the state or of a municipal corporation, | 2106 |
township, joint fire district, or other political subdivision, the | 2107 |
state highway patrol, a county sheriff's office, the security | 2108 |
force of an institution under the control of the department of | 2109 |
rehabilitation and correction, the security force of a jail or | 2110 |
workhouse under the control of a county, group of counties, or | 2111 |
municipal corporation, the security force of a metropolitan, | 2112 |
county, or township park district, the security force of lands | 2113 |
under the control of the department of natural resources, | 2114 |
department of public safety enforcement agents, the security force | 2115 |
of parks, waterway lands, or reservoir lands under the control of | 2116 |
a municipal corporation, the security force of a conservancy | 2117 |
district, the police department of a township or municipal | 2118 |
corporation, and the police force of a state university. | 2119 |
(3) "Firefighter or police officer" includes a state highway | 2120 |
patrol trooper, a county sheriff or deputy sheriff, a correction | 2121 |
officer at an institution under the control of a county, a group | 2122 |
of counties, a municipal corporation, or the department of | 2123 |
rehabilitation and correction, a police officer employed by a | 2124 |
township or municipal corporation, a firefighter employed by the | 2125 |
state, an instrumentality of the state, a municipal corporation, a | 2126 |
township, a joint fire district, or another political subdivision, | 2127 |
a full-time park district ranger or patrol trooper, a full-time | 2128 |
law enforcement officer of the department of natural resources, a | 2129 |
full-time department of public safety enforcement agent, a | 2130 |
full-time law enforcement officer of parks, waterway lands, or | 2131 |
reservoir lands under the control of a municipal corporation, a | 2132 |
full-time law enforcement officer of a conservancy district, and a | 2133 |
state university law enforcement officer. | 2134 |
(4) "Correction officer" includes, in addition to any | 2135 |
correction officer, any correction corporal, sergeant, lieutenant, | 2136 |
or captain, and the equivalents of all such persons. | 2137 |
(5) "A park district ranger or patrol trooper" means a peace | 2138 |
officer commissioned to make arrests, execute warrants, and | 2139 |
preserve the peace upon lands under the control of a board of park | 2140 |
commissioners of a metropolitan, county, or township park | 2141 |
district. | 2142 |
(6) "Metropolitan, county, or township park district" means a | 2143 |
park district created under the authority of Chapter 511. or 1545. | 2144 |
of the Revised Code. | 2145 |
(7) "Conservancy district" means a conservancy district | 2146 |
created under the authority of Chapter 6101. of the Revised Code. | 2147 |
(8) "Law enforcement officer" means an officer commissioned | 2148 |
to make arrests, execute warrants, and preserve the peace upon | 2149 |
lands under the control of the governmental entity granting the | 2150 |
commission. | 2151 |
(9) "Department of natural resources law enforcement officer" | 2152 |
includes a forest officer designated pursuant to section 1503.29 | 2153 |
of the Revised Code, a preserve officer designated pursuant to | 2154 |
section 1517.10 of the Revised Code, a wildlife officer designated | 2155 |
pursuant to section 1531.13 of the Revised Code, a park officer | 2156 |
designated pursuant to section 1541.10 of the Revised Code, and a | 2157 |
state watercraft officer designated pursuant to section 1547.521 | 2158 |
of the Revised Code. | 2159 |
(10) "Retirement eligibility date" means the last day of the | 2160 |
month in which a deceased member would have first become eligible, | 2161 |
had the member lived, for the retirement pension provided under | 2162 |
2163 | |
section 742.37, or division (A)(1) of section 5505.17 of the | 2164 |
Revised Code or provided by a retirement system operated by a | 2165 |
municipal corporation. | 2166 |
(11) "Death benefit amount" means an amount equal to the full | 2167 |
monthly salary received by a deceased member prior to death, minus | 2168 |
an amount equal to the benefit received under section 145.45, | 2169 |
742.37, 742.3714, or 5505.17 of the Revised Code or the benefit | 2170 |
received from a retirement system operated by a municipal | 2171 |
corporation, plus any increases in salary that would have been | 2172 |
granted the deceased member. | 2173 |
(12) "Killed in the line of duty" means either of the | 2174 |
following: | 2175 |
(a) Death in the line of duty; | 2176 |
(b) Death from injury sustained in the line of duty, | 2177 |
including heart attack or other fatal injury or illness caused | 2178 |
while in the line of duty. | 2179 |
(B) A spouse of a deceased member shall receive a death | 2180 |
benefit each month equal to the full death benefit amount, | 2181 |
provided that the deceased member was a firefighter or police | 2182 |
officer killed in the line of duty and there are no surviving | 2183 |
children eligible for a benefit under this section. The spouse | 2184 |
shall receive this benefit during the spouse's natural life until | 2185 |
the deceased member's retirement eligibility date, on which date | 2186 |
the benefit provided under this division shall terminate. | 2187 |
(C)(1) If a member killed in the line of duty as a | 2188 |
firefighter or police officer is survived only by a child or | 2189 |
children, the child or children shall receive a benefit each month | 2190 |
equal to the full death benefit amount. If there is more than one | 2191 |
surviving child, the benefit shall be divided equally among these | 2192 |
children. | 2193 |
(2) If the death benefit paid under this division is divided | 2194 |
among two or more surviving children and any of the children | 2195 |
become ineligible to continue receiving a portion of the benefit | 2196 |
as provided in division (H) of this section, the full death | 2197 |
benefit amount shall be paid to the remaining eligible child or | 2198 |
divided among the eligible children so that the benefit paid to | 2199 |
the remaining eligible child or children equals the full death | 2200 |
benefit amount. | 2201 |
(3) Notwithstanding divisions (C)(1) and (2) of this section, | 2202 |
all death benefits paid under this division shall terminate on the | 2203 |
deceased member's retirement eligibility date. | 2204 |
(D) If a member killed in the line of duty as a firefighter | 2205 |
or police officer is survived by both a spouse and a child or | 2206 |
children, the monthly benefit provided shall be as follows: | 2207 |
(1)(a) If there is a surviving spouse and one surviving | 2208 |
child, the spouse shall receive an amount each month equal to | 2209 |
one-half of the full death benefit amount and the child shall | 2210 |
receive an amount equal to one-half of the full death benefit | 2211 |
amount. | 2212 |
(b) If the surviving spouse dies or the child becomes | 2213 |
ineligible as provided in division (H) of this section, the | 2214 |
surviving spouse or child remaining eligible shall receive the | 2215 |
full death benefit amount. | 2216 |
(2)(a) If there is a surviving spouse and more than one | 2217 |
child, the spouse shall receive an amount each month equal to | 2218 |
one-third of the full death benefit amount and the children shall | 2219 |
receive an amount, equally divided among them, equal to two-thirds | 2220 |
of the full death benefit amount. | 2221 |
(b) If a spouse and more than one child each are receiving a | 2222 |
death benefit under division (D)(2)(a) of this section and the | 2223 |
spouse dies, the children shall receive an amount each month, | 2224 |
equally divided among them, equal to the full death benefit | 2225 |
amount. | 2226 |
(c) If a spouse and more than one child each are receiving a | 2227 |
benefit under division (D)(2)(a) of this section and any of the | 2228 |
children becomes ineligible to receive a benefit as provided in | 2229 |
division (H) of this section, the spouse and remaining eligible | 2230 |
child or children shall receive a death benefit as follows: | 2231 |
(i) If there are two or more remaining eligible children, the | 2232 |
spouse shall receive an amount each month equal to one-third of | 2233 |
the full death benefit amount and the children shall receive an | 2234 |
amount each month, equally divided among them, equal to two-thirds | 2235 |
of the full death benefit amount; | 2236 |
(ii) If there is one remaining eligible child, the spouse | 2237 |
shall receive an amount each month equal to one-half of the full | 2238 |
death benefit amount, and the child shall receive an amount each | 2239 |
month equal to one-half of the full death benefit amount. | 2240 |
(d) If a spouse and more than one child each are receiving a | 2241 |
benefit under division (D)(2)(a) of this section and all of the | 2242 |
children become ineligible to receive a benefit as provided in | 2243 |
division (H) of this section, the spouse shall receive the full | 2244 |
death benefit amount. | 2245 |
(3) Notwithstanding divisions (D)(1) and (2) of this section, | 2246 |
death benefits paid under this division to a surviving spouse | 2247 |
shall terminate on the member's retirement eligibility date. Death | 2248 |
benefits paid to a surviving child or children shall terminate on | 2249 |
the deceased member's retirement eligibility date unless earlier | 2250 |
terminated pursuant to division (H) of this section. | 2251 |
(E) If a member, on or after January 1, 1980, is killed in | 2252 |
the line of duty as a firefighter or police officer and is | 2253 |
survived by only a parent or parents dependent upon the member for | 2254 |
support, the parent or parents shall receive an amount each month | 2255 |
equal to the full death benefit amount. If there is more than one | 2256 |
surviving parent dependent upon the deceased member for support, | 2257 |
the death benefit amount shall be divided equally among the | 2258 |
surviving parents. On the death of one of the surviving parents, | 2259 |
the full death benefit amount shall be paid to the other parent. | 2260 |
(F)(1) The following shall receive a monthly death benefit | 2261 |
under this division: | 2262 |
(a) A surviving spouse whose benefits are terminated in | 2263 |
accordance with division (B) or (D)(3) of this section on the | 2264 |
deceased member's retirement eligibility date, or who would | 2265 |
qualify for a benefit under division (B) or (D) of this section | 2266 |
except that the deceased member reached the member's retirement | 2267 |
eligibility date prior to the member's death; | 2268 |
(b) A qualified surviving spouse of a deceased member of or | 2269 |
contributor to a police or firemen's relief and pension fund | 2270 |
established under former Chapter 521. or 741. of the Revised Code | 2271 |
who was a firefighter or police officer killed in the line of | 2272 |
duty. | 2273 |
(2) The monthly death benefit shall be one-half of an amount | 2274 |
equal to the monthly salary received by the deceased member prior | 2275 |
to the member's death, plus any salary increases the deceased | 2276 |
member would have received prior to the member's retirement | 2277 |
eligibility date. The benefit shall terminate on the surviving | 2278 |
spouse's death. A death benefit payable under this division shall | 2279 |
be reduced by an amount equal to any allowance or benefit payable | 2280 |
to the surviving spouse under section 742.3714 of the Revised | 2281 |
Code. | 2282 |
(3) A benefit granted to a surviving spouse under division | 2283 |
(F)(1)(b) of this section shall commence on the first day of the | 2284 |
month immediately following receipt by the board of a completed | 2285 |
application on a form provided by the board and any evidence the | 2286 |
board may require to establish that the deceased spouse was killed | 2287 |
in the line of duty. | 2288 |
(G)(1) If there is not a surviving spouse eligible to receive | 2289 |
a death benefit under division (F) of this section or the | 2290 |
surviving spouse receiving a death benefit under that division | 2291 |
dies, a surviving child or children whose benefits under division | 2292 |
(C) or (D) of this section are or have been terminated pursuant to | 2293 |
division (C)(3) or (D)(3) of this section or who would qualify for | 2294 |
a benefit under division (C) or (D) of this section except that | 2295 |
the deceased member reached the member's retirement eligibility | 2296 |
date prior to the member's death shall receive a monthly death | 2297 |
benefit under this division. The monthly death benefit shall be | 2298 |
one-half of an amount equal to the monthly salary received by the | 2299 |
deceased member prior to the member's death, plus any salary | 2300 |
increases the member would have received prior to the member's | 2301 |
retirement eligibility date. If there is more than one surviving | 2302 |
child, the benefit shall be divided equally among the surviving | 2303 |
children. | 2304 |
(2) If two or more surviving children each are receiving a | 2305 |
benefit under this division and any of those children becomes | 2306 |
ineligible to continue receiving a benefit as provided in division | 2307 |
(H) of this section, the remaining eligible child or children | 2308 |
shall receive an amount equal to one-half of the monthly salary | 2309 |
received by the deceased member prior to death, plus any salary | 2310 |
increases the deceased member would have received prior to the | 2311 |
retirement eligibility date. If there is more than one remaining | 2312 |
eligible child, the benefit shall be divided equally among the | 2313 |
eligible children. | 2314 |
(3) A death benefit, or portion of a death benefit, payable | 2315 |
to a surviving child under this division shall be reduced by an | 2316 |
amount equal to any allowance or benefit payable to that child | 2317 |
under section 742.3714 of the Revised Code, but the reduction in | 2318 |
that child's benefit shall not affect the amount payable to any | 2319 |
other surviving child entitled to a portion of the death benefit. | 2320 |
(H) A death benefit paid to a surviving child under division | 2321 |
(C), (D), or (G) of this section shall terminate on the death of | 2322 |
the child or, unless one of the following is the case, when the | 2323 |
child reaches age eighteen: | 2324 |
(1) The child, because of physical or mental disability, is | 2325 |
unable to provide the child's own support, in which case the death | 2326 |
benefit shall terminate when the disability is removed; | 2327 |
(2) The child is unmarried, under age twenty-two, and a | 2328 |
student in and attending an institution of learning or training | 2329 |
pursuant to a program designed to complete in each school year the | 2330 |
equivalent of at least two-thirds of the full-time curriculum | 2331 |
requirements of the institution, as determined by the trustees of | 2332 |
the fund. | 2333 |
(I) Acceptance of any death benefit under this section does | 2334 |
not prohibit a spouse or child from receiving other benefits | 2335 |
provided under the Ohio police and fire pension fund, the state | 2336 |
highway patrol retirement system, the public employees retirement | 2337 |
system, or a retirement system operated by a municipal | 2338 |
corporation. | 2339 |
(J) No person shall receive a benefit under this section if | 2340 |
any of the following occur: | 2341 |
(1) The person fails to exercise the right to a monthly | 2342 |
survivor benefit under division (A) or (B) of section 145.45, | 2343 |
division (D), (E), or (F) of section 742.37, or division (A)(3), | 2344 |
(4), or (7) of section 5505.17 of the Revised Code; to a monthly | 2345 |
survivor benefit from a retirement system operated by a municipal | 2346 |
corporation; or to a retirement allowance under section 742.3714 | 2347 |
of the Revised Code. | 2348 |
(2) The member's accumulated contributions under this chapter | 2349 |
or Chapter 145. or 5505. of the Revised Code are refunded unless | 2350 |
the member had been a member of the public employees retirement | 2351 |
system and had fewer than eighteen months of total service credit | 2352 |
at the time of death. | 2353 |
(3) In the case of a full-time park district ranger or patrol | 2354 |
trooper, a full-time law enforcement officer of the department of | 2355 |
natural resources, a full-time law enforcement officer of parks, | 2356 |
waterway lands, or reservoir lands under the control of a | 2357 |
municipal corporation, a full-time law enforcement officer of a | 2358 |
conservancy district, a correction officer at an institution under | 2359 |
the control of a county, group of counties, or municipal | 2360 |
corporation, or a member of a retirement system operated by a | 2361 |
municipal corporation who at the time of the member's death was a | 2362 |
full-time law enforcement officer of parks, waterway lands, or | 2363 |
reservoir lands under the control of the municipal corporation, | 2364 |
the member died prior to April 9, 1981, in the case of a benefit | 2365 |
under division (B), (C), or (D) of this section, or prior to | 2366 |
January 1, 1980, in the case of a benefit under division (E) of | 2367 |
this section. | 2368 |
(4) In the case of a full-time department of public safety | 2369 |
enforcement agent who prior to June 30, 1999, was a liquor control | 2370 |
investigator of the department of public safety, the member died | 2371 |
prior to December 23, 1986; | 2372 |
(5) In the case of a full-time department of public safety | 2373 |
enforcement agent other than an enforcement agent who, prior to | 2374 |
June 30, 1999, was a liquor control investigator, the member died | 2375 |
prior to June 30, 1999. | 2376 |
(K) A surviving spouse whose benefit was terminated prior to | 2377 |
June 30, 1999, due to remarriage shall receive a benefit under | 2378 |
division (B), (D), or (F) of this section beginning on the first | 2379 |
day of the month following receipt by the board of an application | 2380 |
on a form provided by the board. The benefit amount shall be | 2381 |
determined as of that date. | 2382 |
(1) If the benefit will begin prior to the deceased member's | 2383 |
retirement eligibility date, it shall be paid under division (B) | 2384 |
or (D) of this section and shall terminate as provided in those | 2385 |
divisions. A benefit paid to a surviving spouse under division (D) | 2386 |
of this section shall be determined in accordance with that | 2387 |
division, even if benefits paid to surviving children are reduced | 2388 |
as a result. | 2389 |
(2) If the benefit will begin on or after the deceased | 2390 |
member's retirement eligibility date, it shall be paid under | 2391 |
division (F) of this section and shall terminate as provided in | 2392 |
that division. A benefit paid to a surviving spouse under division | 2393 |
(F) of this section shall be determined in accordance with that | 2394 |
division, even if benefits paid to surviving children are | 2395 |
terminated as a result. | 2396 |
Sec. 742.64. If | 2397 |
2398 | |
2399 | |
police and fire pension fund to which the person is not entitled, | 2400 |
the person shall repay the fund. If the person fails to repay, the | 2401 |
fund shall withhold the amount due from any benefit or payment due | 2402 |
the person or the person's beneficiary under this chapter or may | 2403 |
collect the amount in any other manner provided by law. | 2404 |
Section 2. That existing sections 171.04, 742.01, 742.04, | 2405 |
742.10, 742.14, 742.16, 742.30, 742.301, 742.31, 742.32, 742.33, | 2406 |
742.34, 742.35, 742.37, 742.3711, 742.3716, 742.38, 742.39, | 2407 |
742.44, 742.442, 742.443, 742.444, 742.45, 742.63, and 742.64 and | 2408 |
section 742.011 of the Revised Code are hereby repealed. | 2409 |
Section 3. (A) The amendments by this act of sections | 2410 |
742.33, 742.34, and 742.35 of the Revised Code regarding the | 2411 |
frequency of employer payments to the Ohio Police and Fire Pension | 2412 |
Fund apply to police officer employers' contributions and | 2413 |
firefighter employers' contributions due the Fund for employee | 2414 |
payrolls paid on or after the ninety-first day after the effective | 2415 |
date of this section. | 2416 |
(B) Police officer employers' contributions and firefighter | 2417 |
employers' contributions to the Ohio Police and Fire Pension Fund | 2418 |
for employee payrolls paid during the period beginning on the | 2419 |
effective date of this section and ending on the ninety-first day | 2420 |
thereafter are due as follows: | 2421 |
(1) One third of the contributions for that period are due | 2422 |
not later than December 31, 2013. | 2423 |
(2) One third of the contributions for that period are due | 2424 |
not later than December 31, 2014. | 2425 |
(3) One third of the contributions for that period are due | 2426 |
not later than December 31, 2015. | 2427 |
(C) Any applicable penalty determined under section 742.352 | 2428 |
of the Revised Code shall be assessed against an employer if the | 2429 |
employer fails to make a payment on or before the date the payment | 2430 |
is due. | 2431 |
Section 4. Sections 1, 2, and 3 of this act take effect | 2432 |
January 7, 2013, except that section 742.161, as enacted by this | 2433 |
act, and division (B) of section 742.31 of the Revised Code, as | 2434 |
amended by this act, take effect one hundred eighty days after the | 2435 |
effective date of this section. | 2436 |