Section 1. That sections 3309.05, 3309.051, 3309.061, | 14 |
3309.07, 3309.072, 3309.074, 3309.075, 3309.10, 3309.15, 3309.21, | 15 |
3309.22, 3309.23, 3309.26, 3309.28, 3309.33, 3309.34, 3309.341, | 16 |
3309.343, 3309.35, 3309.353, 3309.354, 3309.36, 3309.362, | 17 |
3309.371, 3309.373, 3309.376, 3309.379, 3309.3710, 3309.3711, | 18 |
3309.39, 3309.401, 3309.41, 3309.44, 3309.45, 3309.46, 3309.47, | 19 |
3309.50, 3309.51, 3309.69, 3309.81, and 3309.88 be amended and | 20 |
that new section 3309.571 and sections 3309.392 and 3309.474 be | 21 |
enacted to read as follows: | 22 |
(b) Within the three years immediately preceding the | 30 |
appointment, the member has not been employed by the public | 31 |
employees retirement system, police and fire pension fund, state | 32 |
teachers retirement system, school employees retirement system, or | 33 |
state highway patrol retirement system or by any person, | 34 |
partnership, or corporation that has provided to one of those | 35 |
retirement systems services of a financial or investment nature, | 36 |
including the management, analysis, supervision, or investment of | 37 |
assets. | 38 |
(C)(3) Two members, known as the retirant members, who shall | 46 |
be former members of the retirement system who reside in this | 47 |
state and currently receive an age and service retirement benefit, | 48 |
a disability benefit, or benefits under a plan established under | 49 |
section 3309.81 of the Revised Code. The retirant members shall be | 50 |
elected by ballot by former members of the system who are | 51 |
currently receiving an age and service retirement benefit, a | 52 |
disability benefit, or benefits under a plan established under | 53 |
section 3309.81 of the Revised Code. | 54 |
(b) Within the three years immediately preceding the | 63 |
appointment, the member has not been employed by the public | 64 |
employees state retirement system, police and fire pension fund, | 65 |
state teachers retirement system, school employees retirement | 66 |
system, or state highway patrol retirement system or by any | 67 |
person, partnership, or corporation that has provided to one of | 68 |
those retirement systems services of a financial or investment | 69 |
nature, including the management, analysis, supervision, or | 70 |
investment of assets; | 71 |
(2)(B) Any investment expert member appointed to fill a | 74 |
vacancy occurring prior to the expiration of the term for which | 75 |
the member's predecessor was appointed holdsunder this section | 76 |
shall hold office until the later of the end of suchthe term. The | 77 |
for which the member continuesin office subsequent to the | 78 |
expiration date of the member's term untilis appointed or the | 79 |
date the member's successor takes office, or until a period of | 80 |
sixty days has elapsed, whichever occurs first. | 81 |
Sec. 3309.061. (A) The office of an employee member or | 93 |
retiranta member of the school employees retirement board who is | 94 |
convicted of or pleads guilty to a felony, a theft offense as | 95 |
defined in section 2913.01 of the Revised Code, or a violation of | 96 |
section 102.02, 102.03, 102.04, 2921.02, 2921.11, 2921.13, | 97 |
2921.31, 2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code | 98 |
shall be deemed vacant. A person who has pleaded guilty to or been | 99 |
convicted of an offense of that nature is ineligible for election | 100 |
or appointment to the office of employee or retirant member of the | 101 |
school employees retirement board. | 102 |
(B) A member of the school employees retirement board who | 103 |
willfully and flagrantly exercises authority or power not | 104 |
authorized by law, refuses or willfully neglects to enforce the | 105 |
law or to perform any official duty imposed by law, or is guilty | 106 |
of gross neglect of duty, gross immorality, drunkenness, | 107 |
misfeasance, malfeasance, or nonfeasance is guilty of misconduct | 108 |
in office. On complaint and hearing in the manner provided for in | 109 |
this section, the board member shall have judgment of forfeiture | 110 |
of the office with all its emoluments entered against the board | 111 |
member, creating in the office a vacancy to be filled as provided | 112 |
by law. | 113 |
(2) Cause a copy of the complaint to be served on the board | 160 |
member at least ten days before the hearing on the complaint. The | 161 |
court shall hold a public hearing not later than thirty days after | 162 |
the filing of the complaint. The court may subpoena witnesses and | 163 |
compel their attendance in the same manner as in civil cases. | 164 |
Process shall be served by the sheriff of the county in which the | 165 |
witness resides. Witness fees and other fees in connection with | 166 |
the proceedings shall be the same as in civil cases. The court may | 167 |
suspend the board member pending the hearing. | 168 |
(B) Any member of the school employees retirement system, | 184 |
other than a disability benefit recipient, shall be eligible to be | 185 |
nominated for election as an employee member of the board who has | 186 |
been nominated by a petition that is signed by at least five | 187 |
hundred members and certified in accordance with rules adopted | 188 |
under section 3309.075 of the Revised Code. The petition shall | 189 |
contain the signatures of not less than twenty members each from | 190 |
at least ten counties wherein such members are employed. The | 191 |
petition shall specify the term of office and position. The name | 192 |
of any member so nominated shall be placed upon the ballot by the | 193 |
board as a regular candidate. Other names of eligible candidates | 194 |
may at any election be substituted for the regular candidates by | 195 |
writing such names upon the ballot. The candidate receiving the | 196 |
highest number of votes for any term as member of the board shall | 197 |
be elected for such term on certification of the election results | 198 |
in accordance with rules adopted under section 3309.075 of the | 199 |
Revised Code. In any year in which two employee member or two | 200 |
retirant member positions must be filled, the candidates who | 201 |
receive the highest and second highest number of votes shall be | 202 |
elected to the offices on certification of the election results in | 203 |
accordance with rules adopted under section 3309.075 of the | 204 |
Revised Code. | 205 |
(C) Any former member of the school employees retirement | 206 |
system described in division
(D)(A)(3) of section 3309.05 of the | 207 |
Revised Code is eligible for election as a retirant member of the | 208 |
board to represent former members currently receiving an age and | 209 |
service retirement benefit, a disability benefit, or benefits | 210 |
under a plan established under section 3309.81 of the Revised | 211 |
Code, provided that such person has been nominated by a petition | 212 |
that is certified in accordance with rules adopted under section | 213 |
3309.075 of the Revised Code and signed by at least one hundred | 214 |
fifty former members of the system who are currently receiving an | 215 |
age and service retirement benefit, a disability benefit, or | 216 |
benefits under a plan established under section 3309.81 of the | 217 |
Revised Code. The petition shall contain the signatures of at | 218 |
least ten such recipients from each of at least five counties | 219 |
wherein recipients of benefits from this system reside. The | 220 |
petition shall specify the term of office and position. The name | 221 |
of any person so nominated shall be placed upon the ballot by the | 222 |
board as a regular candidate. Other names of eligible candidates | 223 |
may at any election be substituted for the regular candidates by | 224 |
writing such names upon the ballot. The candidate receiving the | 225 |
highest number of votes for any term as member of the board shall | 226 |
be elected for such term on certification of the election results | 227 |
in accordance with rules adopted under section 3309.075 of the | 228 |
Revised Code. | 229 |
(3) "Contribution" means a loan, gift, deposit, forgiveness | 243 |
of indebtedness, donation, advance, payment, transfer of funds or | 244 |
transfer of anything of value including a transfer of funds from | 245 |
an inter vivos or testamentary trust or decedent's estate, and the | 246 |
payment by any person other than the person to whom the services | 247 |
are rendered for the personal services of another person, which | 248 |
contribution is made, received, or used for the purpose of | 249 |
influencing the results of an election to the school employees | 250 |
retirement board under section 3309.07 of the Revised Code or the | 251 |
results of an election to fill a vacancy on the board pursuant to | 252 |
division (C) of section 3309.06 of the Revised Code. | 253 |
"Contribution" does not include: | 254 |
(6) "Independent expenditure" means an expenditure by an | 275 |
individual, partnership, or other entity advocating the election | 276 |
or defeat of an identified candidate or candidates, that is not | 277 |
made with the consent of, in coordination, cooperation, or | 278 |
consultation with, or at the request or suggestion of any | 279 |
candidate or candidates or of the campaign committee or agent of | 280 |
the candidate or candidates. An independent expenditure shall not | 281 |
be construed as being a contribution. As used in division (A)(6) | 282 |
of this section: | 283 |
(c) "Made in coordination, cooperation, or consultation with, | 290 |
or at the request or suggestion of, any candidate or the campaign | 291 |
committee or agent of the candidate" means made pursuant to any | 292 |
arrangement, coordination, or direction by the candidate, the | 293 |
candidate's campaign committee, or the candidate's agent prior to | 294 |
the publication, distribution, display, or broadcast of the | 295 |
communication. An expenditure is presumed to be so made when it is | 296 |
any of the following: | 297 |
(ii) Made by or through any person who is, or has been, | 302 |
authorized to raise or expend funds, who is, or has been, an | 303 |
officer of the candidate's campaign committee, or who is, or has | 304 |
been, receiving any form of compensation or reimbursement from the | 305 |
candidate or the candidate's campaign committee or agent; | 306 |
(d) "Agent" means any person who has actual oral or written | 310 |
authority, either express or implied, to make or to authorize the | 311 |
making of expenditures on behalf of a candidate, or means any | 312 |
person who has been placed in a position with the candidate's | 313 |
campaign committee or organization such that it would reasonably | 314 |
appear that in the ordinary course of campaign-related activities | 315 |
the person may authorize expenditures. | 316 |
(7) "In-kind contribution" means anything of value other than | 317 |
money that is used to influence the results of an election to the | 318 |
school employees retirement board under section 3309.07 of the | 319 |
Revised Code or the results of an election to fill a vacancy on | 320 |
the board pursuant to division (C) of section 3309.06 of the | 321 |
Revised Code or is transferred to or used in support of or in | 322 |
opposition to a candidate and that is made with the consent of, in | 323 |
coordination, cooperation, or consultation with, or at the request | 324 |
or suggestion of the benefited candidate. The financing of the | 325 |
dissemination, distribution, or republication, in whole or part, | 326 |
of any broadcast or of any written, graphic, or other form of | 327 |
campaign materials prepared by the candidate, the candidate's | 328 |
campaign committee, or their authorized agents is an in-kind | 329 |
contribution to the candidate and an expenditure by the candidate. | 330 |
(B) Except as otherwise provided in division (D) of this | 334 |
section, each candidate who, or whose campaign committee, receives | 335 |
contributions or in-kind contributions totaling one thousand | 336 |
dollars or more or has expenditures totaling one thousand dollars | 337 |
or more in connection with the candidate's efforts to be elected | 338 |
to the school employees retirement board under section 3309.07 of | 339 |
the Revised Code shall file with the secretary of state two | 340 |
complete, accurate, and itemized statements setting forth in | 341 |
detail the contributions, in-kind contributions, and expenditures. | 342 |
The statements shall be filed regardless of whether, pursuant to | 343 |
section 3309.071 of the Revised Code, no election is held. The | 344 |
statements shall be made on a form prescribed under section 111.30 | 345 |
of the Revised Code. Every expenditure in excess of twenty-five | 346 |
dollars shall be vouched for by a receipted bill, stating the | 347 |
purpose of the expenditures, that shall be filed with the | 348 |
statement; a canceled check with a notation of the purpose of the | 349 |
expenditure is a receipted bill for purposes of this division. | 350 |
The first statement shall be filed not later than four p.m. | 351 |
on the day that is twelve days before election day. The second | 352 |
statement shall be filed not sooner than the day that is eight | 353 |
days after election day and not later than thirty-eight days after | 354 |
election day. The first statement shall reflect contributions and | 355 |
in-kind contributions received and expenditures made to the close | 356 |
of business on the twentieth day before election day. The second | 357 |
statement shall reflect contributions and in-kind contributions | 358 |
received and expenditures made during the period beginning on the | 359 |
nineteenth day before election day and ending on the close of | 360 |
business on the seventh day after election day. | 361 |
(C) Each individual, partnership, or other entity who makes | 362 |
an independent expenditure in connection with the candidate's | 363 |
efforts to be elected to the school employees retirement board | 364 |
under section 3309.07 of the Revised Code shall file with the | 365 |
secretary of state two complete, accurate, and itemized statements | 366 |
setting forth in detail the independent expenditures. The | 367 |
statements shall be filed regardless of whether, pursuant to | 368 |
section 3309.071 of the Revised Code, no election is held. The | 369 |
statements shall be made on a form prescribed under section 111.30 | 370 |
of the Revised Code. | 371 |
The first statement shall be filed not later than four p.m. | 372 |
on the day that is twelve days before election day. The second | 373 |
statement shall be filed not sooner than the day that is eight | 374 |
days after election day and not later than thirty-eight days after | 375 |
election day. The first statement shall reflect independent | 376 |
expenditures made to the close of business on the twentieth day | 377 |
before election day. The second statement shall reflect | 378 |
independent expenditures made during the period beginning on the | 379 |
nineteenth day before election day and ending on the close of | 380 |
business on the seventh day after election day. | 381 |
(D) Each candidate who, or whose campaign committee, receives | 382 |
a contributioncontributions or in-kind contributioncontributions | 383 |
totaling one thousand dollars or more or makes an expenditurehas | 384 |
expenditures totaling one thousand dollars or more in connection | 385 |
with the candidate's efforts to be elected to fill a vacancy in | 386 |
the state teachersschool employees retirement board pursuant to | 387 |
division (C) of section 3309.06 of the Revised Code shall file | 388 |
with the secretary of state a complete, accurate, and itemized | 389 |
statement setting forth in detail the contributions, in-kind | 390 |
contributions, and expenditures. The statement shall be made on a | 391 |
form prescribed under section 111.30 of the Revised Code. Every | 392 |
expenditure in excess of twenty-five dollars shall be vouched for | 393 |
by a receipted bill, stating the purpose of the expenditures, that | 394 |
shall be filed with the statement; a canceled check with a | 395 |
notation of the purpose of the expenditure is a receipted bill for | 396 |
purposes of this division. | 397 |
(E) Each individual, partnership, or other entity that makes | 403 |
an independent expenditure in connection with the candidate's | 404 |
efforts to be elected to fill a vacancy in the school employees | 405 |
retirement board under division (C) of section 3309.06 of the | 406 |
Revised Code shall file with the secretary of state a complete, | 407 |
accurate, and itemized statement setting forth in detail the | 408 |
independent expenditures. The statement shall be made on a form | 409 |
prescribed under section 111.30 of the Revised Code. | 410 |
On receipt of a complaint under this section, the commission | 426 |
shall hold a hearing open to the public to determine whether the | 427 |
violation alleged in the complaint has occurred. The commission | 428 |
may administer oaths and issue subpoenas to any person in the | 429 |
state compelling the attendance of witnesses and the production of | 430 |
relevant papers, books, accounts, and reports. On the refusal of | 431 |
any person to obey a subpoena or to be sworn or to answer as a | 432 |
witness, the commission may apply to the court of common pleas of | 433 |
Franklin county under section 2705.03 of the Revised Code. The | 434 |
court shall hold contempt proceedings in accordance with Chapter | 435 |
2705. of the Revised Code. | 436 |
At the hearing, the commission shall determine whether the | 442 |
violation alleged in the complaint has occurred. If the commission | 443 |
determines that a violation of division (A) of section 3309.073 of | 444 |
the Revised Code has occurred, the commission shall either impose | 445 |
a fine under section 3309.99 of the Revised Code or enter a | 446 |
finding that good cause has been shown not to impose the fine. If | 447 |
the commission determines that a violation of division (B) of | 448 |
section 3309.073 of the Revised Code has occurred, the commission | 449 |
shall impose the fine described in section 3309.99 of the Revised | 450 |
Code, refer the matter to the appropriate prosecutor, or enter a | 451 |
finding that good cause has been shown to not impose a fine or | 452 |
refer the matter to the appropriate prosecutor. | 453 |
(B) The board may contract with the secretary of state or an | 466 |
independent firm to administer the elections, certify the validity | 467 |
of nominating petitions, and certify the results of the elections. | 468 |
The secretary of state and the independent firm shall perform | 469 |
these services in accordance with the rules adopted under division | 470 |
(A) of this section. Notwithstanding section 3309.22 of the | 471 |
Revised Code, the board shall provide information necessary for | 472 |
the secretary of state or the independent firm to certify the | 473 |
election. If the board contracts with an independent firm to | 474 |
administer an election, the secretary of state may audit the | 475 |
election. | 476 |
Members of the school employees retirement board shall serve | 481 |
without compensation from the retirement system, but theyan | 482 |
employer shall be reimbursed from the expense fund for any | 483 |
compensation paid to an employee member of the board or a retirant | 484 |
member employed by a public employer in accordance with section | 485 |
3309.341 of the Revised Code for
any loss of compensation they | 486 |
may suffer through serving onservice to the board, provided, that | 487 |
the regular employee contribution shall be withheld from any such | 488 |
reimbursements to cover loss of compensation and credited to the | 489 |
member's savings account, or the board member or former board | 490 |
member may pay all such amounts direct to the retirement system. | 491 |
The corresponding employer contribution shall be transferred | 492 |
annually from the expense fund and applied in the same manner as | 493 |
the employers' trust fund contribution payment by the district, | 494 |
from which the member's regular contributions are reported. | 495 |
Sec. 3309.15. (A) The members of the school employees | 515 |
retirement board shall be the trustees of the funds created by | 516 |
section 3309.60 of the Revised Code. The board shall have full | 517 |
power to invest the funds. The board and other fiduciaries shall | 518 |
discharge their duties with respect to the funds solely in the | 519 |
interest of the participants and beneficiaries; for the exclusive | 520 |
purpose of providing benefits to participants and their | 521 |
beneficiaries and defraying reasonable expenses of administering | 522 |
the school employees retirement system; with care, skill, | 523 |
prudence, and diligence under the circumstances then prevailing | 524 |
that a prudent person acting in a like capacity and familiar with | 525 |
such matters would use in the conduct of an enterprise of a like | 526 |
character and with like aims; and by diversifying the investments | 527 |
of the system so as to minimize the risk of large losses, unless | 528 |
under the circumstances it is clearly prudent not to do so. | 529 |
The board may establish a partnership, trust, limited | 530 |
liability company, corporation, including a corporation exempt | 531 |
from taxation under the Internal Revenue Code, 100 Stat. 2085, 26 | 532 |
U.S.C.A. 1, as amended, or any other legal entity authorized to | 533 |
transact business in this state. | 534 |
(B) In exercising its fiduciary responsibility with respect | 535 |
to the investment of the funds, it shall be the intent of the | 536 |
board to give consideration to investments that enhance the | 537 |
general welfare of the state and its citizens where the | 538 |
investments offer quality, return, and safety comparable to other | 539 |
investments currently available to the board. In fulfilling this | 540 |
intent, equal consideration shall also be given to investments | 541 |
otherwise qualifying under this section that involve minority | 542 |
owned and controlled firms and firms owned and controlled by | 543 |
women, either alone or in joint venture with other firms. | 544 |
The board shall adopt, in regular meeting, policies, | 545 |
objectives, or criteria for the operation of the investment | 546 |
program that include asset allocation targets and ranges, risk | 547 |
factors, asset class benchmarks, time horizons, total return | 548 |
objectives, and performance evaluation guidelines. In adopting | 549 |
policies and criteria for the selection of agents with whom the | 550 |
board may contract for the administration of the funds, the board | 551 |
shall comply with sections 3309.157 and 3309.159 of the Revised | 552 |
Code and shall also give equal consideration to minority owned and | 553 |
controlled firms, firms owned and controlled by women, and | 554 |
ventures involving minority owned and controlled firms and firms | 555 |
owned and controlled by women that otherwise meet the policies and | 556 |
criteria established by the board. Amendments and additions to the | 557 |
policies and criteria shall be adopted in regular meeting. The | 558 |
board shall publish its policies, objectives, and criteria under | 559 |
this provision no less often than annually and shall make copies | 560 |
available to interested parties. | 561 |
When reporting on the performance of investments,If the | 562 |
board contracts with a person, including an agent or investment | 563 |
manager, for the management or investment of the funds, the board | 564 |
shall require the person to comply with the global investment | 565 |
performance presentation standards established by the association | 566 |
for investment management and researchchartered financial analyst | 567 |
institute, or a successor organization, when reporting on the | 568 |
performance of investments. | 569 |
(C) All evidences of title of investments purchased by the | 570 |
board under this section shall be delivered to the treasurer of | 571 |
state, who is hereby designated as custodian thereof, or to the | 572 |
treasurer of state's authorized agent, and the treasurer of state | 573 |
or the agent shall collect principal, interest, dividends, and | 574 |
distributions that become due and payable and place the same when | 575 |
so collected into the custodial funds. Evidences of title of the | 576 |
investments may be deposited by the treasurer of state for | 577 |
safekeeping with an authorized agent, selected by the treasurer of | 578 |
state, who is a qualified trustee under section 135.18 of the | 579 |
Revised Code. The treasurer of state shall pay for the investments | 580 |
purchased by the board pending receipt of the evidence of title of | 581 |
the investments by the treasurer of state or to the treasurer of | 582 |
state's authorized agent, and on receipt of written or electronic | 583 |
instructions from the board or the board's designated agent | 584 |
authorizing the purchase. The board may sell any investments held | 585 |
by the board, and the treasurer of state or the treasurer of | 586 |
state's authorized agent shall accept payment from the purchaser | 587 |
and deliver evidence of title of the investment to the purchaser | 588 |
on receipt of written or electronic instructions from the board or | 589 |
the board's designated agent authorizing the sale, and pending | 590 |
receipt of the moneys for the investments. The amount received | 591 |
shall be placed into the custodial funds. The board and the | 592 |
treasurer of state may enter into agreements to establish | 593 |
procedures for the purchase and sale of investments under this | 594 |
division and the custody of the investment. | 595 |
Sec. 3309.21. (A) The school employees retirement board | 602 |
shall have prepared annually by or under the supervision of an | 603 |
actuary an actuarial valuation of the pension assets, liabilities, | 604 |
and funding requirements of the school employees retirement system | 605 |
as established pursuant to this chapter. The actuary shall | 606 |
complete the valuation in accordance with actuarial standards of | 607 |
practice promulgated by the actuarial standards board of the | 608 |
American academy of actuaries and prepare a report of the | 609 |
valuation. The report shall include all of the following: | 610 |
(B) At such times as the school employees retirement board | 633 |
determines, and at least once in each quinquennial period, the | 634 |
board shall have prepared by or under the supervision of an | 635 |
actuary an actuarial investigation of the mortality, service, and | 636 |
other experience of the members, retirants, and beneficiaries of | 637 |
the retirement system, and SERS retirants and other system | 638 |
retirants as defined in section 3309.341 of the Revised Code to | 639 |
update the actuarial assumptions used in the actuarial valuation | 640 |
required by division (A) of this section. The actuary shall | 641 |
prepare a report of the actuarial investigation. The report shall | 642 |
be prepared and any recommended changes in actuarial assumptions | 643 |
shall be made in accordance with the actuarial standards of | 644 |
practice promulgated by the actuarial standards board of the | 645 |
American academy of actuaries. The report shall include all of the | 646 |
following: | 647 |
(D) The board shall have prepared by or under the supervision | 666 |
of an actuary an actuarial analysis of any introduced legislation | 667 |
expected to have a measurable financial impact on the retirement | 668 |
system. The actuarial analysis shall be completed in accordance | 669 |
with the actuarial standards of practice promulgated by the | 670 |
actuarial standards board of the American academy of actuaries. | 671 |
The actuary shall prepare a report of the actuarial analysis, | 672 |
which shall include all of the following: | 673 |
(4) A statement of the financial impact of the legislation, | 680 |
including the resulting increase, if any, in the employer normal | 681 |
cost percentage; the increase, if any, in actuarial accrued | 682 |
liabilities; and the per cent of payroll that would be required to | 683 |
amortize the increase in actuarial accrued liabilities as a level | 684 |
per cent of covered payroll for all active members over a period | 685 |
not to exceed thirty years; | 686 |
Sec. 3309.22. (A)(1) As used in this division, "personal | 732 |
history record" means information maintained in any format by the | 733 |
board on an individual who is a member, former member, | 734 |
contributor, former contributor, retirant, or beneficiary that | 735 |
includes the address,
electronic mail address, telephone number, | 736 |
social security number, record of contributions, correspondence | 737 |
with the system, and other information the board determines to be | 738 |
confidential. | 739 |
(1) If a member, former member, contributor, former | 770 |
contributor, or retirant is subject to an order issued under | 771 |
section 2907.15 of the Revised Code or an order issued under | 772 |
division (A) or (B) of section 2929.192 of the Revised Code or is | 773 |
convicted of or pleads guilty to a violation of section 2921.41 of | 774 |
the Revised Code, on written request of a prosecutor as defined in | 775 |
section 2935.01 of the Revised Code, the board shall furnish to | 776 |
the prosecutor the information requested from the individual's | 777 |
personal history record. | 778 |
(3) At the written request of any person, the board shall | 783 |
provide to the person a list of the names and addresses of | 784 |
members, former members, retirants, contributors, former | 785 |
contributors, or beneficiaries. The costs of compiling, copying, | 786 |
and mailing the list shall be paid by such person. | 787 |
(4) Within fourteen days after receiving from the director of | 788 |
job and family services a list of the names and social security | 789 |
numbers of recipients of public assistance pursuant to section | 790 |
5101.181 of the Revised Code, the board shall inform the auditor | 791 |
of state of the name, current or most recent employer address, and | 792 |
social security number of each contributor whose name and social | 793 |
security number are the same as that of a person whose name or | 794 |
social security number was submitted by the director. The board | 795 |
and its employees shall, except for purposes of furnishing the | 796 |
auditor of state with information required by this section, | 797 |
preserve the confidentiality of recipients of public assistance in | 798 |
compliance with section 5101.181 of the Revised Code. | 799 |
(6) At the request of any person, the board shall make | 807 |
available to the person copies of all documents, including | 808 |
resumes, in the board's possession regarding filling a vacancy of | 809 |
an employee member or retirant member of the board. The person who | 810 |
made the request shall pay the cost of compiling, copying, and | 811 |
mailing the documents. The information described in this division | 812 |
is a public record. | 813 |
(2) The employees of an existing or newly created employer | 828 |
unit as defined in division (A) of section 3309.01 of the Revised | 829 |
Code, supported in whole or in part by the state or any political | 830 |
subdivision thereof and wholly controlled and managed by the state | 831 |
or any subdivision thereof. Such employees shall become | 832 |
contributors on the same terms and conditions as provided by this | 833 |
chapter, provided the board of trustees or other managing body of | 834 |
such school, college, or other institution, if such institution is | 835 |
now in existence or if in existence on such date, shall agree by | 836 |
formal resolution to accept all the requirements and obligations | 837 |
imposed by this chapter upon employers. A certified copy of the | 838 |
resolution shall be filed with the school employees retirement | 839 |
board. When such resolution has been adopted and a copy of it | 840 |
filed with the school employees retirement board, it shall not | 841 |
later be subject to rescission or abrogation. Service in such | 842 |
schools, colleges, or other institutions shall be then considered | 843 |
in every way the same as service in the public schools. | 844 |
Sec. 3309.26. The membership of any person in the school | 869 |
employees retirement system shall terminate if the person | 870 |
withdraws the person's accumulated contributions, retires on a | 871 |
retirement allowance as provided in sections 3309.36, 3309.38, and | 872 |
3309.381 of the Revised Code, or dies, unless otherwise provided | 873 |
in Chapter 3309. of the Revised Code. | 874 |
Except as provided in this section, a member or former member | 879 |
of the school employees retirement system with at least one and | 880 |
one-half years of contributing service credit in this system, the | 881 |
public employees retirement system, the state teachers retirement | 882 |
system, the Ohio police and fire pension fund, or the state | 883 |
highway patrol retirement system, subsequent to the withdrawal of | 884 |
contributions and cancellation of service credit in this system | 885 |
may restore such service credit by redepositing in the employees' | 886 |
savings fund the amount withdrawn with interest at a rate to be | 887 |
determined by the board, compounded annually, from the first of | 888 |
the month of withdrawal to and including the month of redeposit. A | 889 |
member may choose to purchase only part of such credit in any one | 890 |
payment, subject to board rules. The total payment to restore | 891 |
cancelled service credit, plus any interest credited thereto, | 892 |
shall be considered as accumulated contributions of the member. If | 893 |
a former member is eligible to buy the service credit as a member | 894 |
of the Ohio police and fire pension fund, the state highway patrol | 895 |
retirement system, or the city of Cincinnati retirement system, | 896 |
the former member is ineligible to restore that service credit | 897 |
under this section. | 898 |
Sec. 3309.28. EachNot later than thirty days after an | 899 |
employee begins employment, the employer shall file with the | 900 |
school employees retirement system a detailed statement showing | 901 |
sex, title, compensation, duties, date of birth,of the employee's | 902 |
personal information and all his priorof the employee's previous | 903 |
service as an employee or such other service as comes under this | 904 |
chapter or Chapter 145., 742., 3307., or 5505. of the Revised | 905 |
Code, and shall furnish such other factsinformation as the school | 906 |
employees retirement board requires for the proper operation of | 907 |
the school employees retirement system. If an employee fails to | 908 |
file the required record within thirty days after commencing | 909 |
employment, the secretary shall so advise his employer who shall | 910 |
thereafter withhold all salary payments to such employee until | 911 |
such record is filed with the school employees retirement board. | 912 |
Sec. 3309.33. (A) An employer may establish a retirement | 913 |
incentive plan for its employees who are members of the school | 914 |
employees retirement system. The plan shall provide for purchase | 915 |
by the employer of service credit for eligible employees who | 916 |
choose to participate in the plan and for payment by the employer | 917 |
of the entire cost of such service credit. A plan established | 918 |
under this section shall remain in effect until terminated by the | 919 |
employer, except that, once established, the plan must remain in | 920 |
effect for at least one year. | 921 |
(C) Participation in the plan shall be available to all | 938 |
eligible employees except that the employer may limit the number | 939 |
of persons for whom it purchases credit in any calendar year to a | 940 |
specified percentage of its employees who are members of the | 941 |
school employees retirement system on the first day of January of | 942 |
that year. The percentage shall not be less than five per cent of | 943 |
such employees. If participation is limited, employees with a | 944 |
greater length of service with the employer have the right to | 945 |
elect to have credit purchased before employees with a lesser | 946 |
length of service with the employer. | 947 |
For each year of service credit purchased under this section, | 955 |
the employer shall pay an amount specified by the school employees | 956 |
retirement board equal to the additional liability resulting from | 957 |
the purchase of that year of service credit as determined by an | 958 |
actuary employed by the board. Payments shall be made in | 959 |
accordance with rules adopted by the board, and the board shall | 960 |
notify each member when the member is credited with service | 961 |
purchased under this section. | 962 |
(b) The board, by rule adopted under division (D) of this | 999 |
section, may adjust the retirement eligibility requirements of | 1000 |
division (A)(2)(a) of this section if the board's actuary, in its | 1001 |
evaluation under division (C) of this section, determines that an | 1002 |
adjustment is necessary to ensure that the retirement system meets | 1003 |
the thirty-year amortization period requirement of section | 1004 |
3309.211 of the Revised Code. | 1005 |
(2) "Other system retirant" means a member or former member | 1027 |
of the public employees retirement system, Ohio police and fire | 1028 |
pension fund, state teachers retirement system, state highway | 1029 |
patrol retirement system, or Cincinnati retirement system who is | 1030 |
receiving age and service or commuted age and service retirement, | 1031 |
or a disability benefit from a system of which the retirant is a | 1032 |
member or former member. | 1033 |
(B)(1) Subject to this section and section 3309.345 of the | 1034 |
Revised Code, an SERS retirant or other system retirant may be | 1035 |
employed by a public employer. If so employed, the SERS retirant | 1036 |
or other system retirant shall contribute to the school employees | 1037 |
retirement system in accordance with section 3309.47 of the | 1038 |
Revised Code, and the employer shall make contributions in | 1039 |
accordance with section 3309.49 of the Revised Code. | 1040 |
(C) An SERS retirant or other system retirant who has | 1048 |
received a retirement allowance or disability benefit for less | 1049 |
than two months when employment subject to this section commences | 1050 |
shall forfeit the retirement allowance or disability benefit for | 1051 |
any month the SERS retirant or other system retirant is employed | 1052 |
prior to the expiration of the two-month period. Service and | 1053 |
contributions for that period shall not be included in the | 1054 |
calculation of any benefits payable to the SERS retirant or other | 1055 |
system retirant, and those contributions shall be refunded on | 1056 |
death or termination of the employment. Contributions made on | 1057 |
compensation earned after the expiration of such period shall be | 1058 |
used in the calculation of the benefit or payment due under | 1059 |
section 3309.344 of the Revised Code. | 1060 |
(D) On receipt of notice from the Ohio police and fire | 1061 |
pension fund, public employees retirement system, or state | 1062 |
teachers retirement system of the re-employment of an SERS | 1063 |
retirant, the school employees retirement system shall not pay, or | 1064 |
if paid shall recover, the amount to be forfeited by the SERS | 1065 |
retirant in accordance with section 145.38, 742.26, or 3307.35 of | 1066 |
the Revised Code. | 1067 |
(E) An SERS retirant or other system retirant subject to this | 1068 |
section is not a member of the school employees retirement system; | 1069 |
does not have any of the rights, privileges, or obligations of | 1070 |
membership, except as specified in this section; and is not | 1071 |
eligible to receive health, medical, hospital, or surgical | 1072 |
benefits under section 3309.69 of the Revised Code for employment | 1073 |
subject to this section. | 1074 |
(F) If the disability benefit of an other system retirant | 1075 |
employed under this section is terminated, the retirant shall | 1076 |
become a member of the school employees retirement system, | 1077 |
effective on the first day of the month next following the | 1078 |
termination, with all the rights, privileges, and obligations of | 1079 |
membership. If the retirant, after the termination of the | 1080 |
disability benefit, earns two years of service credit under this | 1081 |
retirement system or under the public employees retirement system, | 1082 |
Ohio police and fire pension fund, state teachers retirement | 1083 |
system, or state highway patrol retirement system, the retirant's | 1084 |
prior contributions as an other system retirant under this section | 1085 |
shall be included in the retirant's total service credit as a | 1086 |
school employees retirement system member, and the retirant shall | 1087 |
forfeit all rights and benefits of this section. Not more than one | 1088 |
year of credit may be given for any period of twelve months. | 1089 |
(2) A member of the school employees retirement system who | 1119 |
also holds one or more other positions covered by the other state | 1120 |
retirement systems may retire under section 3309.35, 3309.36, | 1121 |
3309.38, or 3309.46 of the Revised Code from the SERS position and | 1122 |
continue contributing to the other state retirement systems if the | 1123 |
annual compensation for the SERS position at the time of | 1124 |
retirement is greater than annual compensation or earnable salary | 1125 |
for the position, or any of the positions, covered by the other | 1126 |
state retirement systems. | 1127 |
(3) A member of the school employees retirement system who | 1128 |
holds two or more SERS positions and at least one other position | 1129 |
covered by one of the other state retirement systems may retire | 1130 |
under section 3309.35, 3309.36, 3309.38, or 3309.46 of the Revised | 1131 |
Code from one of the SERS positions and continue contributing to | 1132 |
the school employees retirement system and the other state | 1133 |
retirement system if the annual compensation for the SERS position | 1134 |
from which the member is retiring is, at the time of retirement, | 1135 |
greater than the annual compensation or earnable salary for any of | 1136 |
the positions for which the member is continuing to make | 1137 |
contributions. | 1138 |
(5) A member who contributes to the school employees | 1146 |
retirement system in accordance with division (B)(1), (3), or (4) | 1147 |
of this section shall contribute in accordance with section | 1148 |
3309.47 of the Revised Code. The member's employer shall | 1149 |
contribute as provided in section 3309.49 of the Revised Code. | 1150 |
Neither the member nor the member's survivors are eligible for any | 1151 |
benefits based on those contributions other than those provided | 1152 |
under section 145.384, 3307.352, or 3309.344 of the Revised Code. | 1153 |
(B) To coordinate and integrate membership in the state | 1190 |
retirement systems, at the option of a member, total contributions | 1191 |
and service credit in all state retirement systems, including | 1192 |
amounts paid to restore service credit under sections 145.311, | 1193 |
3307.711, and 3309.261 of the Revised Code, shall be used in | 1194 |
determining the eligibility and total retirement or disability | 1195 |
benefit payable. When total contributions and service credit are | 1196 |
so combined, the following provisions apply: | 1197 |
(2) In determining eligibilityEligibility for a disability | 1204 |
benefit, the medical examiner's report toshall be determined by | 1205 |
the retirement board of anythe state retirement system, showing | 1206 |
that will calculate and pay the member's disability incapacitates | 1207 |
the member for the performance of duty, maybenefit, as provided | 1208 |
in division (B)(3) of this section. The state retirement system | 1209 |
calculating and paying the disability benefit shall certify the | 1210 |
determination to the board of each other state retirement system | 1211 |
in which the member has service credit and shall be accepted by | 1212 |
the state retirement boardsthat board as sufficient for granting | 1213 |
a disability benefit. | 1214 |
(5)(a) The state retirement system determiningcalculating | 1228 |
and paying a retirement or disability benefit shall receive from | 1229 |
the other system or systems the member's refundable account at | 1230 |
retirement or the effective date of a disability benefit plus an | 1231 |
amount from the employers' trust fund equal to the member's | 1232 |
refundable account less the interest credited under section | 1233 |
145.471, 145.472, or 3307.563 of the Revised Code. If applicable, | 1234 |
the retirement system determining and paying the benefit shall | 1235 |
receive from the public employees retirement system a portion of | 1236 |
the amount paid on behalf of the member by an employer under | 1237 |
section 145.483 of the Revised Code. The portion shall equal the | 1238 |
product obtained by multiplying by two the amount the member would | 1239 |
have contributed during the period the employer failed to deduct | 1240 |
contributions, as described in section 145.483 of the Revised Code | 1241 |
all of the following for each year of service: | 1242 |
(C) A former member receiving a retirement or disability | 1270 |
benefit under this section, who accepts employment amenable to | 1271 |
coverage in any state retirement system that participated in the | 1272 |
member's combined benefit, shall be subject to the applicable | 1273 |
provisions of law governing such re-employment. If a former member | 1274 |
should be paid any amount in a retirement allowance, to which the | 1275 |
former member is not entitled under the applicable provisions of | 1276 |
law governing such re-employment, such amount shall be recovered | 1277 |
by the state retirement system paying such allowance by utilizing | 1278 |
any recovery procedure available under the code provisions of the | 1279 |
state retirement system covering such re-employment. | 1280 |
Sec. 3309.354. As used in this section, "benefit" means any | 1294 |
allowance, pension, or other benefit to which an individual is | 1295 |
entitled and that he receives pursuant to section 3309.35, | 1296 |
3309.36, 3309.38, 3309.40, 3309.45, or 3309.46 or former section | 1297 |
3309.38 of the Revised Code. | 1298 |
(B)(1)(a) When a member retires on service retirement under | 1337 |
division (A)(1) of section 3309.34 of the Revised Code, the | 1338 |
member's allowance when computed as an annual single lifetime | 1339 |
allowance as provided in divisionsdivision (A)(1) and (2) of this | 1340 |
section
and section 3309.38 of the Revised Code, based upon | 1341 |
attained age sixty-five or thirty years of total service credit, | 1342 |
shall be not less than the greater of the amounts determined by | 1343 |
multiplying the member's total service credit by the following: | 1344 |
(b) When a member retires on service retirement under | 1351 |
division (A)(2) of section 3309.34 of the Revised Code, the | 1352 |
member's allowance when computed as an annual single lifetime | 1353 |
allowance as provided in division (A) of this section, based on | 1354 |
attained age sixty-seven or thirty years of total service credit, | 1355 |
shall be not less than the greater of the amounts determined by | 1356 |
multiplying the member's total service credit by the following: | 1357 |
(3) For a member whose membership began on or after the | 1397 |
effective date of this amendmentwho retires under division (A)(2) | 1398 |
of section 3309.34 of the Revised Code, the annual single lifetime | 1399 |
allowance determined under division (B)(1)(b) of this section | 1400 |
shall be adjusted to be the actuarial equivalent of the member's | 1401 |
retirement allowance, as determined by the retirement board's | 1402 |
actuary, had the member retired at age sixty-fivesixty-seven or | 1403 |
with thirty years of service credit, except that the retirement | 1404 |
allowance shall not be less than the following: | 1405 |
Sec. 3309.362. As used in this section, "benefit" means any | 1427 |
allowance, pension, or other benefit to which an individual is | 1428 |
entitled and that hethe individual receives under section | 1429 |
3309.35, 3309.36,
3309.38, 3309.40, 3309.45, or 3309.46 or former | 1430 |
section 3309.38 of the Revised Code. | 1431 |
Sec. 3309.371. On and after October 1, 1957, all persons in | 1443 |
receipt of, or who are or become eligible to receive, a monthly | 1444 |
allowance, pension, or other benefit effective prior to June 29, | 1445 |
1955, which is payable or becomes payable pursuant to sections | 1446 |
3309.36 to 3309.383309.3712, 3309.40, and 3309.65 and former | 1447 |
section 3309.38 of the Revised Code, or an allowance payable at | 1448 |
any time under an option elected by a member and effective prior | 1449 |
to that date, shall be paid an increased allowance, pension, or | 1450 |
benefit as follows: | 1451 |
(C) On and after August 1, 1959, the monthly allowance, | 1480 |
pension, or other benefit effective prior to June 29, 1955, | 1481 |
(exclusive of any amount receivable monthly by reason of a | 1482 |
voluntary deposit made for additional annuity), together with the | 1483 |
supplemental allowance payable pursuant to divisions (A) and (B) | 1484 |
of this section, shall be increased by twelve per cent. | 1485 |
Sec. 3309.373. (A) On and after July 1, 1968, all | 1486 |
allowances, pensions, or other benefits, which are payable or | 1487 |
become payable and for which eligibility is established prior to | 1488 |
July 1, 1968, pursuant to sections 3309.35, 3309.36, 3309.38, | 1489 |
3309.40, 3309.45, and 3309.46 and former section 3309.38 of the | 1490 |
Revised Code shall be increased by the percentages as determined | 1491 |
by the effective date of the allowance, pension, or benefit as | 1492 |
follows: | 1493 |
(B)(1) All increases as determined by applying the | 1510 |
percentages in the table in division (A) of this section shall be | 1511 |
reduced by the dollar amount of the increases granted in 1965 | 1512 |
pursuant to section 3309.372 of the Revised Code, except that no | 1513 |
allowance, pension, or benefit shall be reduced below the amount | 1514 |
due June 30, 1968 and no allowance granted under this section | 1515 |
shall be less than a total annual sum of thirty-six dollars. | 1516 |
Sec. 3309.376. On and after December 31, 1971, all persons | 1528 |
who retired and were eligible to receive a pension that was | 1529 |
payable prior to July 1, 1968, pursuant to section 3309.36, | 1530 |
3309.38, or 3309.40 or former section 3309.38 of the Revised Code, | 1531 |
or in the event of the death of such persons, the person | 1532 |
designated by the deceased to receive payments under section | 1533 |
3309.46 of the Revised Code, shall receive an additional monthly | 1534 |
payment of two dollars for each year between the member's | 1535 |
effective date of retirement or disability and December 31, 1971, | 1536 |
or an additional fifty dollars, whichever is less. | 1537 |
Sec. 3309.379. (A) On and after the first day of the month | 1538 |
following the effective date of this section, each person eligible | 1539 |
to receive an allowance, pension, or benefit, pursuant to sections | 1540 |
3309.35, 3309.36, 3309.38, 3309.40, division (A) of section | 1541 |
3309.45, and section 3309.46 and former section 3309.38 of the | 1542 |
Revised Code, that was based upon an award made effective before | 1543 |
June 30, 1955, shall have the allowance, pension, or benefit | 1544 |
payable as of September 30, 1974, recalculated by the school | 1545 |
employees retirement board so that each such person shall receive | 1546 |
an annual single lifetime allowance, pension, or benefit or its | 1547 |
actuarial equivalent of not less than one hundred forty dollars | 1548 |
for each year of the member's total service credit, except that | 1549 |
service credit exceeding thirty-two years shall not be used in the | 1550 |
recalculation, and a final average salary limitation shall not be | 1551 |
applied. | 1552 |
(B) On and after the first day of the month following the | 1557 |
effective date of this section, each person receiving an | 1558 |
allowance, pension, or benefit, pursuant to sections 3309.35, | 1559 |
3309.36, 3309.38, 3309.40, division (A) of section 3309.45, and | 1560 |
section 3309.46 and former section 3309.38 of the Revised Code, | 1561 |
that was first effective on and after June 30, 1955, through June | 1562 |
30, 1971, shall be paid an increased allowance, pension, or | 1563 |
benefit as follows: | 1564 |
(C) On and after the first day of the month following the | 1573 |
effective date of this section, each person receiving or qualified | 1574 |
to receive an allowance, pension, or benefit, pursuant to division | 1575 |
(B) of section 3309.45 of the Revised Code, that was effective on | 1576 |
and after June 14, 1951, through August 26, 1970, shall receive an | 1577 |
increase in such allowance, pension, or benefit in the amount of | 1578 |
twenty per cent. | 1579 |
Sec. 3309.3710. (A) Effective July 1, 1981, each person | 1580 |
eligible to receive an allowance, pension, or benefit pursuant to | 1581 |
sections 3309.35, 3309.36, 3309.38, 3309.40, division (A) of | 1582 |
section 3309.45, and section 3309.46 and former section 3309.38 of | 1583 |
the Revised Code that was based upon an award made effective | 1584 |
before July 1, 1974, shall have the person's monthly allowance, | 1585 |
pension, or benefit increased by five per cent, except that the | 1586 |
twelve-month sum of such increases shall not exceed five per cent | 1587 |
of the first five thousand dollars of the annual allowance, | 1588 |
pension, or benefit. | 1589 |
(B) Effective July 1, 1981, each person receiving or | 1590 |
qualified to receive a benefit, pursuant to division (B) of | 1591 |
section 3309.45 of the Revised Code, that was effective on and | 1592 |
after June 14, 1951, through August 26, 1970, shall receive an | 1593 |
increase in such benefit of five per cent. | 1594 |
Sec. 3309.3711. Whenever the limits established by section | 1605 |
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 | 1606 |
U.S.C.A. 415, as amended, are raised, the school employees | 1607 |
retirement board shall increase the amount of the pension, | 1608 |
benefit, or allowance of any person whose pension, benefit, or | 1609 |
allowance payable under section 3309.36, 3309.374, 3309.38, | 1610 |
3309.381, 3309.40, or 3309.401 or former section 3309.38 of the | 1611 |
Revised Code was limited by the application of section 415. The | 1612 |
amount of the increased pension, benefit, or allowance shall not | 1613 |
exceed the lesser of the amount the person would have received if | 1614 |
the limits established by section 415 had not been applied or the | 1615 |
amount the person is eligible to receive subject to the new limits | 1616 |
established by section 415. | 1617 |
Not later than October 16, 1992, the school employees | 1621 |
retirement board shall give each person who is a member on July | 1622 |
29, 1992, the opportunity to elect disability coverage either | 1623 |
under section 3309.40 of the Revised Code or under section | 1624 |
3309.401 of the Revised Code. The board shall mail notice of the | 1625 |
election, accompanied by an explanation of the coverage under each | 1626 |
of the Revised Code sections and a form on which the election is | 1627 |
to be made, to each member at the member's last known address. The | 1628 |
board shall also provide the explanation and form to any member at | 1629 |
the member's request. | 1630 |
Regardless of whether the member actually receives notice of | 1631 |
the right to make an election, a member who fails to file a valid | 1632 |
election under this section shall be considered to have elected | 1633 |
disability coverage under section 3309.40 of the Revised Code. To | 1634 |
be valid, an election must be made on the form provided by the | 1635 |
retirement board, signed by the member, and filed with the board | 1636 |
not later than one hundred eighty days after the date the notice | 1637 |
was mailed, or, in the case of a form provided at the request of a | 1638 |
member, a date specified by rule of the retirement board. Once | 1639 |
made, an election is irrevocable, but if the member ceases to be a | 1640 |
member of the retirement system, the election is void. If a person | 1641 |
who makes an election under this section also makes an election | 1642 |
under section 145.35 or 3307.62 of the Revised Code, the election | 1643 |
made for the system that pays a disability benefit to that person | 1644 |
shall govern the benefit. | 1645 |
(C) Medical examination of a member who has applied for a | 1678 |
disability benefit shall be conducted by a competent disinterested | 1679 |
physician or physicians selected by the retirement board to | 1680 |
determine whether the member is mentally or physically | 1681 |
incapacitated for the performance of the member's last assigned | 1682 |
primary duty as an employee by a disabling condition either | 1683 |
permanent or presumed to be permanent for twelve continuous months | 1684 |
following the filing of an application. Such disability must have | 1685 |
occurred before termination of the member's contributing service | 1686 |
and since last becoming a member or have increased since last | 1687 |
becoming a member to such extent as to make the disability | 1688 |
permanent or presumed to be permanent for twelve continuous months | 1689 |
following the filing of an application. | 1690 |
(D) Application for a disability benefit must be made within | 1691 |
two years from the date the member's contributing service | 1692 |
terminated, unless the retirement board determines that the | 1693 |
member's medical records demonstrate conclusively that at the time | 1694 |
the two-year period expired, the member was physically or mentally | 1695 |
incapacitated for duty as an employee and unable to make | 1696 |
application. Application may not be made by any person receiving a | 1697 |
service retirement allowance or commuted service retirement | 1698 |
allowance under section 3309.36, 3309.38, or 3309.381 or former | 1699 |
section 3309.38 of the Revised Code or any person who, pursuant to | 1700 |
section 3309.42 of the Revised Code, has been paid the accumulated | 1701 |
contributions standing to the credit of the person's individual | 1702 |
account in the employees' savings fund. | 1703 |
(E) If the physician or physicians determine that the member | 1704 |
qualifies for a disability benefit, the retirement board concurs | 1705 |
with the determination, and the member agrees to any recommended | 1706 |
medical treatment and vocational rehabilitation as specified in | 1707 |
divisiondivisions (F) and (G) of this section, the member shall | 1708 |
receive a disability benefit under section 3309.40 or 3309.401 of | 1709 |
the Revised Code. The action of the board shall be final. At the | 1710 |
time the board decides it concurs with the determination of the | 1711 |
physician or physicians, the board shall determine the date on | 1712 |
which the member was first incapacitated by the disabling | 1713 |
condition. | 1714 |
(F) The school employees retirement board shall adopt rules | 1715 |
requiring a disability benefit recipient, as a condition of | 1716 |
continuing to receive a disability benefit, to agree in writing to | 1717 |
obtain any medical treatment recommended by the board's physician | 1718 |
and submit medical reports regarding the treatment. If the board | 1719 |
determines that a disability benefit recipient is not obtaining | 1720 |
the medical treatment or the board does not receive a required | 1721 |
medical report, the disability benefit shall be suspended until | 1722 |
the treatment is obtained, the report is received by the board, or | 1723 |
the board's physician certifies that the treatment is no longer | 1724 |
helpful or advisable. Should the recipient's failure to obtain | 1725 |
treatment or submit a medical report continue for one year, the | 1726 |
recipient's right to the disability benefit shall be terminated as | 1727 |
of the effective date of the original suspension. | 1728 |
(G)(1) A disability benefit recipient shall obtain any | 1729 |
vocational rehabilitation recommended by the board's physician or | 1730 |
other consultant and submit reports regarding the rehabilitation. | 1731 |
If the board determines that a recipient is not obtaining the | 1732 |
rehabilitation or the board does not receive a required report, | 1733 |
the disability benefit shall be suspended until the rehabilitation | 1734 |
is obtained, the report is received by the board, or the board's | 1735 |
physician or consultant certifies that rehabilitation is no longer | 1736 |
helpful or advisable. If the recipient's failure to obtain | 1737 |
rehabilitation or submit a required report continues for one year, | 1738 |
the recipient's right to the disability benefit shall be | 1739 |
terminated as of the effective date of the original suspension. | 1740 |
(H) In the event an employer files an application for a | 1742 |
disability benefit as a result of a member having been separated | 1743 |
from service because the member is considered to be mentally or | 1744 |
physically incapacitated for the performance of the member's last | 1745 |
assigned primary duty as an employee, and the physician or | 1746 |
physicians selected by the board report to the board that the | 1747 |
member is physically and mentally capable of performing service | 1748 |
similar to that from which the member was separated, and the board | 1749 |
concurs in such report, then the board shall so certify to the | 1750 |
employer and the employer shall restore the member to the member's | 1751 |
previous position and salary or to a similar position and salary. | 1752 |
Sec. 3309.392. A recipient of a disability benefit granted | 1753 |
under this chapter on or after the effective date of this section | 1754 |
shall apply for social security disability insurance benefit | 1755 |
payments under 42 U.S.C. 423 if the recipient meets the | 1756 |
requirements of divisions (a)(1)(A), (B), and (C) of that section. | 1757 |
The application shall be made not later than ninety days after the | 1758 |
recipient is granted a disability benefit under this chapter | 1759 |
unless the school employees retirement board determines from the | 1760 |
member's medical records that the member is physically or mentally | 1761 |
unable to make the application. The recipient shall file a copy of | 1762 |
the completed application and a copy of the social security | 1763 |
administration's acknowledgement of receipt of the application | 1764 |
with the school employees retirement system. The system shall | 1765 |
accept the copy and acknowledgement as evidence of the member's | 1766 |
application. | 1767 |
(2) A disability benefit recipient whose benefit effective | 1817 |
date is on or after the effective date of this amendment shall | 1818 |
retain membership status and shall be considered on leave of | 1819 |
absence from employment during the first three years following the | 1820 |
effective date of a disability benefit, except that, if the school | 1821 |
employees retirement board has recommended medical treatment or | 1822 |
vocational rehabilitation and the member is receiving treatment or | 1823 |
rehabilitation acceptable to a physician or consultant selected by | 1824 |
the board, the board may permit the recipient to retain membership | 1825 |
status and be considered on leave of absence from employment for | 1826 |
up to five years following the effective date of a disability | 1827 |
benefit. | 1828 |
(B) The school employees retirement board shall require a | 1829 |
disability benefit recipient to undergo an annual medical | 1830 |
examination, except that the board may waive the medical | 1831 |
examination if the board's physician or physicians certify that | 1832 |
the recipient's disability is ongoing. Should any disability | 1833 |
benefit recipient refuse to submit to a medical examination, the | 1834 |
recipient's disability benefit shall be suspended until withdrawal | 1835 |
of the refusal. Should the refusal continue for one year, all the | 1836 |
recipient's rights in and to the disability benefit shall be | 1837 |
terminated as of the effective date of the original suspension. | 1838 |
(C) On completion of the examination by an examining | 1839 |
physician or physicians selected by the board, the physician or | 1840 |
physicians shall report and certify to the board whether the | 1841 |
disability benefit recipient meets the applicable standard for | 1842 |
termination of a disability benefit. If the recipient's benefit | 1843 |
effective date is before the effective date of this amendment or | 1844 |
the benefit effective date is after the effective date of this | 1845 |
amendment and the recipient is considered on a leave of absence | 1846 |
under division (A)(2) of this section, the standard for | 1847 |
termination is that the recipient is no longer physically and | 1848 |
mentally incapable of resuming the service from which the | 1849 |
recipient was found disabled. If the boardrecipient's benefit | 1850 |
effective date is on or after the effective date of this amendment | 1851 |
and the recipient is not considered on a leave of absence under | 1852 |
division (A)(2) of this section, the standard is that the | 1853 |
recipient is not physically or mentally incapable of performing | 1854 |
the duties of a position that meets all of the following criteria: | 1855 |
If the board concurs in the report that the disability | 1865 |
benefit recipient is no longer incapablemeets the applicable | 1866 |
standard for termination of a disability benefit, the payment of | 1867 |
the disability benefit shall be terminated not later than three | 1868 |
months after the date of the board's concurrence or upon | 1869 |
employment as an employee. If the leave of absence has not | 1870 |
expired, the retirement board shall certify to the disability | 1871 |
benefit recipient's last employer before being found disabled that | 1872 |
the recipient is no longer physically and mentally incapable of | 1873 |
resuming service that is the same or similar to that from which | 1874 |
the recipient was found disabled. The employer shall restore the | 1875 |
recipient to the recipient's previous position and salary or to a | 1876 |
position and salary similar thereto not later than the first day | 1877 |
of the first month following termination of the disability | 1878 |
benefit, unless the recipient was dismissed or resigned in lieu of | 1879 |
dismissal for dishonesty, misfeasance, malfeasance, or conviction | 1880 |
of a felony. | 1881 |
(D) Each disability benefit recipient shall file with the | 1882 |
board an annual statement of earnings, current medical information | 1883 |
on the recipient's condition, and any other information required | 1884 |
in rules adopted by the board. The board may waive the requirement | 1885 |
that a disability benefit recipient file an annual statement of | 1886 |
earnings or current medical information on the recipient's | 1887 |
condition if the board's physician or physicians certify that the | 1888 |
recipient's disability is ongoing. | 1889 |
(F) If disability retirement under section 3309.40 of the | 1900 |
Revised Code is terminated for any reason, the annuity and pension | 1901 |
reserves at that time in the annuity and pension reserve fund | 1902 |
shall be transferred to the employees' savings fund and the | 1903 |
employers' trust fund, respectively. If the total disability | 1904 |
benefit paid is less than the amount of the accumulated | 1905 |
contributions of the member transferred into the annuity and | 1906 |
pension reserve fund at the time of the member's disability | 1907 |
retirement, the difference shall be transferred from the annuity | 1908 |
and pension reserve fund to another fund as may be required. In | 1909 |
determining the amount of a member's account following the | 1910 |
termination of disability retirement for any reason, the amount | 1911 |
paid shall be charged against the member's refundable account. | 1912 |
(G) If a disability benefit is terminated and a former | 1919 |
disability benefit recipient again becomes a contributor, other | 1920 |
than as an other system retirant as defined in section 3309.341 of | 1921 |
the Revised Code, to this system, the public employees retirement | 1922 |
system, or the state teachers retirement system, and completes an | 1923 |
additional two years of service credit after the termination of | 1924 |
the disability benefit, the former disability benefit recipient | 1925 |
shall be entitled to fullreceive up to two years of service | 1926 |
credit for the period as a disability benefit recipient and may | 1927 |
purchase service for the remaining period of the disability | 1928 |
benefit. Total service credit received and purchased under this | 1929 |
section shall not exceed the period of the disability benefit. | 1930 |
(H) If any employer employs any member who is receiving a | 1945 |
disability benefit, the employer shall file notice of employment | 1946 |
with the retirement board, designating the date of employment. In | 1947 |
case the notice is not filed, the total amount of the benefit paid | 1948 |
during the period of employment prior to notice shall be paid from | 1949 |
amounts allocated under Chapter 3317. of the Revised Code prior to | 1950 |
its distribution to the school district in which the disability | 1951 |
benefit recipient was so employed. | 1952 |
(1) "Child" means a biological or legally adopted child of a | 1955 |
deceased member. If a court hearing for an interlocutory decree | 1956 |
for adoption was held prior to the member's death, "child" | 1957 |
includes the child who was the subject of the hearing | 1958 |
notwithstanding the fact that the final decree of adoption, | 1959 |
adjudging the surviving spouse as the adoptive parent, is made | 1960 |
subsequent to the member's death. | 1961 |
(B) Except as provided in division (C)(1) of section 3309.45 | 1972 |
of the Revised Code, should a member die before service or | 1973 |
commuted service retirement, the member's accumulated | 1974 |
contributions and any amounts owed and unpaid to a disability | 1975 |
benefit recipient shall be paid to such beneficiaries as the | 1976 |
member has designated in writing on a form provided by the school | 1977 |
employees retirement board, signed by the member and filed with | 1978 |
the board prior to death. The last designation of any beneficiary | 1979 |
revokes all previous designations. The member's marriage, divorce, | 1980 |
legal dissolution, legal separation, or withdrawal of account, or | 1981 |
the birth of the member's child, or the member's adoption of a | 1982 |
child, constitutes an automatic revocation of the member's last | 1983 |
designation. If a deceased member was also a member of the public | 1984 |
employees retirement system or the state teachers retirement | 1985 |
system, the beneficiary last established among the systems shall | 1986 |
be the sole beneficiary in all the systems. | 1987 |
(C) Except as provided in division (C)(1) of section 3309.45 | 1994 |
of the Revised Code, if a member dies before service or commuted | 1995 |
service retirement and is not survived by a designated | 1996 |
beneficiary, any beneficiariesthe following shall qualify, in the | 1997 |
following order of precedence, with all attendant rights and | 1998 |
privileges, the member's: | 1999 |
(D) Any amount due any person, as an annuitant receiving a | 2014 |
monthly service or commuted service retirement allowance or | 2015 |
benefit, and unpaid to the annuitant at death, shall be paid to | 2016 |
the beneficiary designated in writing on a form provided by the | 2017 |
retirement board, signed by the annuitant and filed with the | 2018 |
board. If no such designation has been filed, or if the designated | 2019 |
beneficiary is deceased or is not located within ninety days, such | 2020 |
amount shall be paid, except as otherwise provided in section | 2021 |
3309.45 of the Revised Code, in the following order of precedence | 2022 |
to the annuitant's: | 2023 |
(F) If the validity of marriage cannot be established to the | 2040 |
satisfaction of the retirement board for the purpose of disbursing | 2041 |
any amount due under this section or section 3309.45 of the | 2042 |
Revised Code, the retirement board may accept a decision rendered | 2043 |
by a court having jurisdiction in the state in which the member | 2044 |
was domiciled at the time of death that the relationship | 2045 |
constituted a valid marriage at the time of death, or the "spouse" | 2046 |
would have the same status as a widow or widower for purposes of | 2047 |
sharing in the distribution of the member's intestate personal | 2048 |
property. | 2049 |
(A)(1) If a deceased member was eligible for a service | 2084 |
retirement allowance as provided in section 3309.36, 3309.38, or | 2085 |
3309.381 of the Revised Code, a surviving spouse or other sole | 2086 |
dependent beneficiary may elect to receive a monthly benefit | 2087 |
computed as the joint-survivor allowance designated as "plan D" in | 2088 |
section 3309.46 of the Revised Code, which the member would have | 2089 |
received had the member retired on the last day of the month of | 2090 |
death and had the member at that time selected such joint-survivor | 2091 |
plan. Payment shall begin with the month subsequent to the | 2092 |
member's death. | 2093 |
(B) If the deceased member had completed at least one and | 2114 |
one-half years of credit for Ohio service, with at least | 2115 |
one-quarter year of Ohio contributing service credit within the | 2116 |
two and one-half years prior to the date of death, or was | 2117 |
receiving at the time of death a disability benefit as provided in | 2118 |
section 3309.40 or 3309.401 of the Revised Code, qualified | 2119 |
survivors who elect to receive monthly benefits shall receive the | 2120 |
greater of the benefits provided in division (B)(1)(a) or (b) as | 2121 |
allocated in accordance with division (B)(5) of this section. | 2122 |
(4) Benefits to a qualified survivor shall terminate upon a | 2181 |
first marriage, abandonment, adoption, or during active military | 2182 |
service. Benefits to a deceased member's surviving spouse that | 2183 |
were terminated under a former version of this section that | 2184 |
required termination due to remarriage and were not resumed prior | 2185 |
to September 16, 1998, shall resume on the first day of the month | 2186 |
immediately following receipt by the board of an application on a | 2187 |
form provided by the board. | 2188 |
Upon the death of any subsequent spouse who was a member of | 2189 |
the public employees retirement system, state teachers retirement | 2190 |
system, or school employees retirement system, the surviving | 2191 |
spouse of such member may elect to continue receiving benefits | 2192 |
under this division, or to receive survivor's benefits, based upon | 2193 |
the subsequent spouse's membership in one or more of the systems, | 2194 |
for which such surviving spouse is eligible under this section or | 2195 |
section 145.45 or 3307.66 of the Revised Code. If the surviving | 2196 |
spouse elects to continue receiving benefits under this division, | 2197 |
such election shall not preclude the payment of benefits under | 2198 |
this division to any other qualified survivor. | 2199 |
(5)(a) If a benefit is payable under division (B)(1)(a) of | 2203 |
this section, benefits to a qualified spouse shall be paid in the | 2204 |
amount determined for the first qualifying survivor in division | 2205 |
(B)(1)(a) of this section, but shall not be less than one hundred | 2206 |
six dollars per month if the deceased member had ten or more years | 2207 |
of Ohio service credit. All other qualifying survivors shall share | 2208 |
equally in the benefit or remaining portion thereof. | 2209 |
(C)(1) Regardless of whether the member is survived by a | 2222 |
spouse or designated beneficiary, if the school employees | 2223 |
retirement system receives notice that a deceased member described | 2224 |
in division (A) or (B) of this section has one or more qualified | 2225 |
children, all persons who are qualified survivors under division | 2226 |
(B) of this section shall receive monthly benefits as provided in | 2227 |
division (B) of this section. | 2228 |
If, after determining the monthly benefits to be paid under | 2229 |
division (B) of this section, the system receives notice that | 2230 |
there is a qualified survivor who was not considered when the | 2231 |
determination was made, the system shall, notwithstanding section | 2232 |
3309.661 of the Revised Code, recalculate the monthly benefits | 2233 |
with that qualified survivor included, even if the benefits to | 2234 |
qualified survivors already receiving benefits are reduced as a | 2235 |
result. The benefits shall be calculated as if the qualified | 2236 |
survivor who is the subject of the notice became eligible on the | 2237 |
date the notice was received and shall be paid to qualified | 2238 |
survivors effective on the first day of the first month following | 2239 |
the system's receipt of the notice. | 2240 |
(2) If benefits under division (C)(1) of this section to all | 2247 |
persons, or to all persons other than a surviving spouse or other | 2248 |
sole beneficiary, terminate, there are no children under the age | 2249 |
of twenty-two years, and the surviving spouse or beneficiary | 2250 |
qualifies for benefits under division (A) of this section, the | 2251 |
surviving spouse or beneficiary may elect to receive benefits | 2252 |
under division (A) of this section. Benefits shall be effective on | 2253 |
the first day of the month following receipt by the board of an | 2254 |
application for benefits under division (A) of this section. | 2255 |
(D) The final average salary used in the calculation of a | 2256 |
benefit payable pursuant to division (A) or (B) of this section to | 2257 |
a survivor or beneficiary of a disability benefit recipient shall | 2258 |
be adjusted for each year between the disability benefit's | 2259 |
effective date and the recipient's date of death by the lesser of | 2260 |
three per cent or the actual average percentage increase in the | 2261 |
consumer price index prepared by the United States bureau of labor | 2262 |
statistics (U.S. City Average for Urban Wage Earners and Clerical | 2263 |
Workers: "All Items 1982-84=100"). | 2264 |
(E) If the survivor benefits due and paid under this section | 2265 |
are in a total amount less than the member's accumulated account | 2266 |
that was transferred from the employees' savings fund, the state | 2267 |
teachers retirement fund, and the public employees retirement fund | 2268 |
to the survivors' benefit fund, then the difference between the | 2269 |
total amount of the benefits paid shall be paid to the beneficiary | 2270 |
under section 3309.44 of the Revised Code. | 2271 |
Sec. 3309.46. (A) The retirement allowance calculated under | 2272 |
section 3309.36, 3309.38, or 3309.381 of the Revised Code shall be | 2273 |
paid as provided in this section. If the member is eligible to | 2274 |
elect a plan of payment under this section, the election shall be | 2275 |
made on the application for retirement. A plan of payment elected | 2276 |
under this section shall be effective only if it is certified by | 2277 |
the actuary engaged by the school employees retirement board to be | 2278 |
the actuarial equivalent of the member's retirement allowance and | 2279 |
is approved by the retirement board. | 2280 |
(B)(1)(a) Except as provided in divisions (B)(1)(b) and (c) | 2281 |
of this section, a member who retires under section 3309.36, | 2282 |
3309.38, or 3309.381 of the Revised Code shall receive a | 2283 |
retirement allowance under "plan A," which shall consist of the | 2284 |
actuarial equivalent of the member's retirement allowance | 2285 |
determined under section 3309.36, 3309.38, or 3309.381 of the | 2286 |
Revised Code in a lesser amount payable for life and one-half of | 2287 |
such allowance continuing after death to the member's surviving | 2288 |
spouse for the life of the spouse. | 2289 |
(a) That, if the member is married, unless the spouse | 2318 |
consents to another plan of payment or there is a court order | 2319 |
dividing marital property issued under section 3105.171 or 3105.65 | 2320 |
of the Revised Code or the laws of another state regarding the | 2321 |
division of marital property that provides for payment in a | 2322 |
specified amount, the member's retirement allowance will be paid | 2323 |
under "plan A," which consists of the actuarial equivalent of the | 2324 |
member's retirement allowance in a lesser amount payable for life | 2325 |
and one-half of the allowance continuing after death to the | 2326 |
surviving spouse for the life of the spouse; | 2327 |
Consent shall be valid only if it is in writing, signed by | 2335 |
the spouse, and witnessed by an employee of the school employees | 2336 |
retirement system or a notary public. The board may waive the | 2337 |
requirement of consent if the spouse is incapacitated or cannot be | 2338 |
located or for any other reason specified by the board. Consent or | 2339 |
waiver is effective only with regard to the spouse who is the | 2340 |
subject of the consent or waiver. | 2341 |
(b) "Plan C," which shall consist of the actuarial equivalent | 2348 |
of the member's retirement allowance determined under section | 2349 |
3309.36, 3309.38, or 3309.381 of the Revised Code in a lesser | 2350 |
amount payable for life and one-half or some other portion of the | 2351 |
allowance continuing after death to the member's sole surviving | 2352 |
beneficiary designated at the time of the member's retirement, | 2353 |
provided that the amount payable to the beneficiary does not | 2354 |
exceed the amount payable to the member; | 2355 |
(d) "Plan E," which shall consist of the actuarial equivalent | 2362 |
of the member's retirement allowance determined under section | 2363 |
3309.36, 3309.38, or 3309.381 of the Revised Code in a lesser | 2364 |
amount payable for a certain period from the member's retirement | 2365 |
date as elected by the member and approved by the retirement | 2366 |
board, and on the member's death before the expiration of that | 2367 |
certain period, the member's lesser retirement allowance continued | 2368 |
for the remainder of that period to, and in such order, the | 2369 |
beneficiaries as the member has nominated by written designation | 2370 |
and filed with the retirement board. | 2371 |
(e) "Plan F," which shall consist of the actuarial equivalent | 2378 |
of the member's retirement allowance determined under section | 2379 |
3309.36, 3309.38, or 3309.381 of the Revised Code in a lesser | 2380 |
amount payable to the member for life and some portion of the | 2381 |
lesser amount continuing after death to two, three, or four | 2382 |
surviving beneficiaries designated at the time of the member's | 2383 |
retirement. The portion of the lesser amount that continues after | 2384 |
the member's death shall be allocated among the beneficiaries at | 2385 |
the time of the member's retirement. If the member elects this | 2386 |
plan as required by a court order issued under section 3105.171 or | 2387 |
3105.65 of the Revised Code or the laws of another state regarding | 2388 |
the division of marital property and compliance with the court | 2389 |
order requires the allocation of a portion less than ten per cent | 2390 |
to any person, the member shall allocate a portion less than ten | 2391 |
per cent to that beneficiary in accordance with that order. In all | 2392 |
other circumstances, no portion allocated under this plan of | 2393 |
payment shall be less than ten per cent. The total of the portions | 2394 |
allocated shall not exceed one hundred per cent of the member's | 2395 |
lesser allowance. | 2396 |
(4)(a) Beginning on a date selected by the board, which shall | 2397 |
be not later than July 1, 2004, a member may elect, in lieu of a | 2398 |
plan of payment under division (B)(1) or (3) of this section, a | 2399 |
plan consisting of both a lump sum in an amount the member | 2400 |
designates that constitutes a portion of the retirement allowance | 2401 |
payable under a plan described in division (B)(1) or (3) of this | 2402 |
section and the remainder of the allowance payable under that plan | 2403 |
in monthly payments. | 2404 |
(D) If the retirement allowances due and paid under the above | 2426 |
provisions of this section are in a total amount less than (1) the | 2427 |
accumulated contributions, (2) the deposits for additional credit | 2428 |
as provided by section 3309.31 of the Revised Code, (3) the | 2429 |
deposits for additional annuities as provided by section 3309.47 | 2430 |
of the Revised Code, (4) the deposits for repurchase of service | 2431 |
credit as provided by section 3309.26 of the Revised Code, (5) the | 2432 |
accumulated contributions provided by section 3309.65 of the | 2433 |
Revised Code, (6) the deposits for purchase of military service | 2434 |
credit provided by section 3309.021 or 3309.022 of the Revised | 2435 |
Code, and (7) the deposits for the purchase of service credit | 2436 |
provided by section 3309.73 of the Revised Code, standing to the | 2437 |
credit of the member at the time of retirement, then the | 2438 |
difference between the total amount of the allowances paid and the | 2439 |
accumulated contributions and other deposits shall be paid to the | 2440 |
beneficiary provided under division (D) of section 3309.44 of the | 2441 |
Revised Code. | 2442 |
(E)(1) The death of a spouse or any other designated | 2443 |
beneficiary following the member's retirement shall cancel the | 2444 |
portion of the plan of payment providing continuing lifetime | 2445 |
benefits to the deceased spouse or deceased designated | 2446 |
beneficiary. The retirant shall receive the actuarial equivalent | 2447 |
of the retirant's single lifetime retirement allowance as | 2448 |
determined by the board based on the number of remaining | 2449 |
beneficiaries, with no change in the amount payable to any | 2450 |
remaining beneficiary. | 2451 |
(2) On divorce, annulment, or marriage dissolution, a | 2452 |
retirant receiving a retirement allowance under a plan of payment | 2453 |
that provides for continuation of all or part of the allowance | 2454 |
after death for the lifetime of the retirant's surviving spouse | 2455 |
may elect to cancel the portion of the plan providing continuing | 2456 |
lifetime benefits to that spouse. The retirant shall receive the | 2457 |
actuarial equivalent of the retirant's single lifetime retirement | 2458 |
allowance as determined by the retirement board based on the | 2459 |
number of remaining beneficiaries, with no change in the amount | 2460 |
payable to any remaining beneficiary. In the case of a member who | 2461 |
retires on or after July 24, 1990, the election may be made only | 2462 |
with the written consent of the spouse or pursuant to an order of | 2463 |
the court with jurisdiction over the termination of the marriage. | 2464 |
The election shall be made on a form provided by the board and | 2465 |
shall be effective the month following its receipt by the board. | 2466 |
The contributions by the direction of the school employees | 2496 |
retirement board shall be deducted by the employer from the | 2497 |
compensation of each contributor on each payroll of such | 2498 |
contributor for each payroll period and shall be an amount equal | 2499 |
to the required per cent of such contributor's compensation. On a | 2500 |
finding by the board that an employer has failed or refused to | 2501 |
deduct contributions for any employee during any year and to | 2502 |
transmit such amounts to the retirement system, the retirement | 2503 |
board may make a determination of the amount of the delinquent | 2504 |
contributions, including interest at a rate set by the retirement | 2505 |
board, from the end of each year, and certify to the employer the | 2506 |
amounts for collection. If the amount is not paid by the employer, | 2507 |
it may be certified for collection in the same manner as payments | 2508 |
due the employers' trust fund. Any amounts so collected shall be | 2509 |
held in trust pending receipt of a report of contributions for the | 2510 |
employee for the period involved as provided by law and, | 2511 |
thereafter, the amount in trust shall be transferred to the | 2512 |
employee's savings fund to the credit of the employee. Any amount | 2513 |
remaining after the transfer to the employees' savings fund shall | 2514 |
be transferred to the employers' trust fund as a credit of the | 2515 |
employer. | 2516 |
Any contributor under contract who, because of illness, | 2517 |
accident, or other reason approved by the employer, is prevented | 2518 |
from making the contributor's contribution to the system for any | 2519 |
payroll period, may, upon returning to contributing service, have | 2520 |
such deductions made from other payrolls during the year, or may | 2521 |
pay such amount to the employer and the employer shall transmit | 2522 |
such deductions to the system. The deductions shall be made | 2523 |
notwithstanding that the minimum compensation for any contributor | 2524 |
shall be reduced thereby. Every contributor shall be deemed to | 2525 |
consent and agree to the contributions made and provided for in | 2526 |
this section and shall receipt in full for the contributor's | 2527 |
salary or compensation, and payment, less the contributions, is a | 2528 |
full and complete discharge and acquittance of all claims and | 2529 |
demands whatsoever for the services rendered by the person during | 2530 |
the period covered by the payment. | 2531 |
Additional deposits may be made to a member's account. At | 2538 |
retirement, the amount deposited with interest may be used to | 2539 |
provide additional annuity income. The additional deposits may be | 2540 |
refunded to the member before retirement, and shall be refunded if | 2541 |
the member withdraws the member's refundable amount. The deposits | 2542 |
may be refunded to the beneficiary or estate if the member dies | 2543 |
before retirement, and the board shall determine whether regular | 2544 |
interest shall be credited to deposits thus refunded. | 2545 |
(D) Service credit purchased under this section for any | 2577 |
period of leave shall not exceed two years. Credit may be | 2578 |
purchased for more than one period of leave, but the total number | 2579 |
of years purchased shall not exceed the lesser of five years or | 2580 |
the member's total accumulated number of years of service as a | 2581 |
contributor to the school employees retirement system. The member | 2582 |
may choose to purchase only part of such credit in any one | 2583 |
payment, subject to board rules. | 2584 |
Sec. 3309.50. (A)(1) Upon the death of a retirant or | 2587 |
disability benefit recipient, who at the time of death is | 2588 |
receiving a service retirement allowance or disability benefit | 2589 |
from the school employees retirement system, a lump-sum payment of | 2590 |
one thousand dollars shall be paid to any designated or qualified | 2591 |
beneficiary under division (D) of section 3309.44 of the Revised | 2592 |
Code, or, if no such designation has been filed or if the | 2593 |
designated beneficiary is deceased or is not located within ninety | 2594 |
days, the school employees retirement board may approve payment to | 2595 |
either the person responsible for the burial expenses or to the | 2596 |
decedent's estate, following the completion of an application on a | 2597 |
form approved by the school employees retirement board, in the | 2598 |
following order of precedence to: | 2599 |
Payments by school district boards of education to the | 2622 |
employers' trust fund of the school employees retirement system | 2623 |
may be made from the amounts allocated under Chapter 3317. of the | 2624 |
Revised Code prior to their distribution to the individual school | 2625 |
districts. The amount due from each school district may be | 2626 |
certified by the secretary of the system to the superintendent of | 2627 |
public instruction monthly, or at such times as is determined by | 2628 |
the school employees retirement board. | 2629 |
Payments by governing authorities of community schools to the | 2630 |
employers' trust fund of the school employees retirement system | 2631 |
shall be made from the amounts allocated under section 3314.08 of | 2632 |
the Revised Code prior to their distribution to the individual | 2633 |
community schools. The amount due from each community school shall | 2634 |
be certified by the secretary of the system to the superintendent | 2635 |
of public instruction monthly, or at such times as determined by | 2636 |
the school employees retirement board. | 2637 |
Payments by a science, technology, engineering, and | 2638 |
mathematics school to the employers' trust fund of the school | 2639 |
employees retirement system shall be made from the amounts | 2640 |
allocated under section 3326.33 of the Revised Code prior to their | 2641 |
distribution to the school. The amount due from a science, | 2642 |
technology, engineering, and mathematics school shall be certified | 2643 |
by the secretary of the school employees retirement system to the | 2644 |
superintendent of public instruction monthly, or at such times as | 2645 |
determined by the school employees retirement board. | 2646 |
(B) The superintendent shall deduct from the amount allocated | 2647 |
to each community school under section 3314.08 of the Revised | 2648 |
Code, to each school district under Chapter 3317. of the Revised | 2649 |
Code, or to each science, technology, engineering, and mathematics | 2650 |
school under section 3326.33 of the Revised Code the entire | 2651 |
amounts due to the school employees retirement system from such | 2652 |
school or school district upon the certification to the | 2653 |
superintendent by the secretary thereof. | 2654 |
(C) Where an employer fails or has failed or refuses to make | 2655 |
payments to the employers' trust fund, as provided for under | 2656 |
Chapter 3309. of the Revised Code, or fails to pay any penalty | 2657 |
imposed under section 3309.571 of the Revised Code the secretary | 2658 |
of the school employees retirement system may certify to the state | 2659 |
superintendent of public instruction, monthly or at such times as | 2660 |
is determined by the school employees retirement board, the amount | 2661 |
due from such employer, and the superintendent shall deduct from | 2662 |
the amount allocated to the employer under section 3314.08 or | 2663 |
3326.33 or Chapter 3317. of the Revised Code, as applicable, the | 2664 |
entire amounts due to the system from the employer upon the | 2665 |
certification to the superintendent by the secretary of the school | 2666 |
employees retirement system. | 2667 |
(C) Except for a statement required by section 3309.28 of the | 2682 |
Revised Code, for a failure to submit, complete, or correct any | 2683 |
payroll information or other report required under this chapter | 2684 |
not later than the date specified under rules adopted by the | 2685 |
board, one hundred dollars per day for each day the employer fails | 2686 |
to submit, complete, or correct the information or report, except | 2687 |
that the penalty shall not exceed one thousand five hundred | 2688 |
dollars; | 2689 |
(1) A former member receiving benefits pursuant to section | 2696 |
3309.34, 3309.35, 3309.36, 3309.38, or 3309.381 of the Revised | 2697 |
Code for whom eligibility is established more than five years | 2698 |
after June 13, 1981, and who, at the time of establishing | 2699 |
eligibility, has accrued less than ten years of service credit, | 2700 |
exclusive of credit obtained after January 29, 1981, pursuant to | 2701 |
sections 3309.021, 3309.301, 3309.31, and 3309.33 of the Revised | 2702 |
Code; | 2703 |
(1) Enter into an agreement with insurance companies, health | 2714 |
insuring corporations,persons or government agencies authorized | 2715 |
to do business in the state for issuance of a policy or contract | 2716 |
of health, medical, hospital, orprescription, surgical, or other | 2717 |
health care benefits, or any combination thereof, for those | 2718 |
individuals receiving service retirement or a disability or | 2719 |
survivor benefit subscribing to the plan and their eligible | 2720 |
dependents. | 2721 |
The board may contract for coverage on the basis of part or | 2728 |
all of the cost of the coverage to be paid from appropriate funds | 2729 |
of the school employees retirement system. The cost paid from the | 2730 |
funds of the system shall be included in the employer's | 2731 |
contribution rate provided by sections 3309.49 and 3309.491 of the | 2732 |
Revised Code. The board shall not pay or reimburse the cost for | 2733 |
health care under this section or section 3309.375 of the Revised | 2734 |
Code for any ineligible individual. | 2735 |
(2) An individual who fails to pay any required premium or | 2772 |
receives any coverage or payment to which the individual is not | 2773 |
entitled shall pay or repay any amount due the system. If an | 2774 |
individual fails to pay or repay an amount due, the system may | 2775 |
withhold the amount from any pension, benefit, annuity, or payment | 2776 |
due the individual or the individual's beneficiary under this | 2777 |
chapter or collect the amount in any other manner provided by law. | 2778 |
(E) A health care program participant who is eligible for | 2779 |
coverage under medicare part B, "Supplementary Medical Insurance | 2780 |
Benefits for the Aged and Disabled," 42 U.S.C. 1395j, as amended, | 2781 |
shall enroll for that coverage. The board shall, beginning the | 2782 |
month following receipt of satisfactory evidence of the payment | 2783 |
for coverage, make a monthly payment to each recipient of service | 2784 |
retirement, or a disability or survivor benefit under the school | 2785 |
employees retirement system who is eligible for insurance coverage | 2786 |
under part B of "The Social Security Amendments of 1965," 79 Stat. | 2787 |
301, 42 U.S.C.A. 1395j, as amended, except that the board shall | 2788 |
make no such payment to any ineligible individual. Effective on | 2789 |
the first day of the month after April 9, 2001, the amount of the | 2790 |
payment shall be the lesser of an amount equal to the basic | 2791 |
premium for such coverage, or an amount equal to the basic premium | 2792 |
in effect on January 1, 1999the participant in an amount | 2793 |
determined by the board for such coverage that is not less than | 2794 |
forty-five dollars and fifty cents, except that the board shall | 2795 |
make no payment to a participant who is not eligible for coverage | 2796 |
under medicare part B or pay an amount that exceeds the amount | 2797 |
paid by the recipient for the coverage. | 2798 |
(D)(F) The board shall establish by rule requirements for the | 2799 |
coordination of any coverage, payment, or benefit provided under | 2800 |
this section or section 3309.375 of the Revised Code with any | 2801 |
similar coverage, payment, or benefit made available to the same | 2802 |
individual by the public employees retirement system, Ohio police | 2803 |
and fire pension fund, state teachers retirement system, or state | 2804 |
highway patrol retirement system. | 2805 |
Each plan established under this section shall meet the | 2821 |
requirements of sections 3309.81 to 3309.98 of the Revised Code | 2822 |
and any rules adopted in accordance with section 3309.80 of the | 2823 |
Revised Code. It may include life insurance, annuities, variable | 2824 |
annuities, regulated investment trusts, pooled investment funds, | 2825 |
or other forms of investment. | 2826 |
Sec. 3309.88. For each member participating in a plan | 2829 |
established under section 3309.81 of the Revised Code, the school | 2830 |
employees retirement system shall transfer to the employers' trust | 2831 |
fund a portion of the employer contribution required under section | 2832 |
3309.49 of the Revised Code. The portion shall equal the | 2833 |
percentage of compensation of members for whom the contributions | 2834 |
are being made that is determined by an actuary appointed by the | 2835 |
school employees retirement board to be necessary to mitigate any | 2836 |
negative financial impact on the system of members' participation | 2837 |
in a plan. | 2838 |
The board shall have prepared annually an actuarial study to | 2839 |
determine whether the percentage transferred under this section | 2840 |
should be changed to reflect a change in the level of negative | 2841 |
financial impact resulting from members' participation in a plan. | 2842 |
The percentage transferred shall be increased or decreased to | 2843 |
reflect the amount needed to mitigate the negative financial | 2844 |
impact, if any, on the system, as determined by the study. A | 2845 |
change shall take effect on the first day of the year following | 2846 |
the date the conclusions of the study are reported to the board. | 2847 |
The system shall make the transfer required under this | 2848 |
section until the unfunded actuarial accrued liability for all | 2849 |
benefits, except health care benefits provided under section | 2850 |
3309.375 or 3309.69 of the Revised Code and benefit increases to | 2851 |
members and former members participating in the plan described in | 2852 |
sections 3309.18 to 3309.70 of the Revised Code granted after
the | 2853 |
effective date of this sectionApril 9, 2001, is fully amortized, | 2854 |
as determined by the annual actuarial valuation prepared under | 2855 |
section 3309.21 of the Revised Code. | 2856 |
Section 2. That existing sections 3309.05, 3309.051, | 2857 |
3309.061, 3309.07, 3309.072, 3309.074, 3309.075, 3309.10, 3309.15, | 2858 |
3309.21, 3309.22, 3309.23, 3309.26, 3309.28, 3309.33, 3309.34, | 2859 |
3309.341, 3309.343, 3309.35, 3309.353, 3309.354, 3309.36, | 2860 |
3309.362, 3309.371, 3309.373, 3309.376, 3309.379, 3309.3710, | 2861 |
3309.3711, 3309.39, 3309.401, 3309.41, 3309.44, 3309.45, 3309.46, | 2862 |
3309.47, 3309.50, 3309.51, 3309.69, 3309.81, and 3309.88 and | 2863 |
sections
3309.38 and 3309.571 of the Revised Code are hereby | 2864 |
repealed. | 2865 |
Section 6. Section 3309.23 of the Revised Code is presented | 2881 |
in this act as a composite of the section as amended by both Am. | 2882 |
Sub. S.B. 351 and Am. S.B. 346 of the 119th General Assembly. The | 2883 |
General Assembly, applying the principle stated in division (B) of | 2884 |
section 1.52 of the Revised Code that amendments are to be | 2885 |
harmonized if reasonably capable of simultaneous operation, finds | 2886 |
that the composite is the resulting version of the section in | 2887 |
effect prior to the effective date of the section as presented in | 2888 |
this act. | 2889 |