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To amend sections 145.012, 145.09, 145.191, 145.194, | 1 |
145.28, 145.29, 145.295, 145.297, 145.2914, | 2 |
145.2915, 145.31, 145.311, 145.33, 145.35, | 3 |
145.362, 145.363, 145.37, 145.384, 145.391, | 4 |
145.40, 145.43, 145.431, 145.45, 145.46, 145.563, | 5 |
145.58, 145.581, 145.584, 145.63, 145.64, 145.82, | 6 |
145.88, 145.92, 145.95, 171.04, 311.01, 742.53, | 7 |
742.63, 3307.04, 3307.35, 3307.39, 3307.41, | 8 |
3307.56, 3307.563, 3307.57, 3307.58, 3307.62, | 9 |
3307.66, 3307.70, 3307.71, 3307.711, 3307.73, | 10 |
3309.01, 3309.11, 3309.26, 3309.261, 3309.28, | 11 |
3309.301, 3309.35, 3309.381, 3309.42, 3309.45, | 12 |
3309.49, 3309.51, 3309.55, 3309.56, 3309.57, | 13 |
3309.571, 3309.691, 3309.82, 5505.03, 5505.04, | 14 |
5505.12, 5505.14, 5505.15, 5505.16, 5505.17, | 15 |
5505.174, 5505.18, 5505.33, 5505.34, and 5505.59; | 16 |
to enact sections 4113.75 and 5505.112 and new | 17 |
sections 145.402, 3307.561, and 3309.43; and to | 18 |
repeal sections 145.402, 3307.561, and 3309.43 of | 19 |
the Revised Code to revise the law governing | 20 |
Ohio's public retirement systems, to allow a | 21 |
private sector employer to automatically deduct | 22 |
from an employee's compensation contributions to | 23 |
an employee retirement plan or program, and to | 24 |
change the optional qualifications to be eligible | 25 |
for the office of sheriff | 26 |
Section 1. That sections 145.012, 145.09, 145.191, 145.194, | 27 |
145.28, 145.29, 145.295, 145.297, 145.2914, 145.2915, 145.31, | 28 |
145.311, 145.33, 145.35, 145.362, 145.363, 145.37, 145.384, | 29 |
145.391, 145.40, 145.43, 145.431, 145.45, 145.46, 145.563, 145.58, | 30 |
145.581, 145.584, 145.63, 145.64, 145.82, 145.88, 145.92, 145.95, | 31 |
171.04, 311.01, 742.53, 742.63, 3307.04, 3307.35, 3307.39, | 32 |
3307.41, 3307.56, 3307.563, 3307.57, 3307.58, 3307.62, 3307.66, | 33 |
3307.70, 3307.71, 3307.711, 3307.73, 3309.01, 3309.11, 3309.26, | 34 |
3309.261, 3309.28, 3309.301, 3309.35, 3309.381, 3309.42, 3309.45, | 35 |
3309.49, 3309.51, 3309.55, 3309.56, 3309.57, 3309.571, 3309.691, | 36 |
3309.82, 5505.03, 5505.04, 5505.12, 5505.14, 5505.15, 5505.16, | 37 |
5505.17, 5505.174, 5505.18, 5505.33, 5505.34, and 5505.59 be | 38 |
amended and sections 4113.75 and 5505.112 and new sections | 39 |
145.402, 3307.561, and 3309.43 of the Revised Code be enacted as | 40 |
follows: | 41 |
Sec. 145.012. (A) "Public employee," as defined in division | 42 |
(A) of section 145.01 of the Revised Code, does not include any | 43 |
person: | 44 |
(1) Who is employed by a private, temporary-help service and | 45 |
performs services under the direction of a public employer or is | 46 |
employed on a contractual basis as an independent contractor under | 47 |
a personal service contract with a public employer; | 48 |
(2) Who is an emergency employee serving on a temporary basis | 49 |
in case of fire, snow, earthquake, flood, or other similar | 50 |
emergency; | 51 |
(3) Who is employed in a program established pursuant to the | 52 |
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A. | 53 |
1501; | 54 |
(4) Who is an appointed member of either the motor vehicle | 55 |
salvage dealers board or the motor vehicle dealer's board whose | 56 |
rate and method of payment are determined pursuant to division (J) | 57 |
of section 124.15 of the Revised Code; | 58 |
(5) Who is employed as an election worker and paid less than | 59 |
60 |
(6) Who is employed as a firefighter in a position requiring | 61 |
satisfactory completion of a firefighter training course approved | 62 |
under former section 3303.07 or section 4765.55 of the Revised | 63 |
Code or conducted under section 3737.33 of the Revised Code except | 64 |
for the following: | 65 |
(a) Any firefighter who has elected under section 145.013 of | 66 |
the Revised Code to remain a contributing member of the public | 67 |
employees retirement system; | 68 |
(b) Any firefighter who was eligible to transfer from the | 69 |
public employees retirement system to the Ohio police and fire | 70 |
pension fund under section 742.51 or 742.515 of the Revised Code | 71 |
and did not elect to transfer; | 72 |
(c) Any firefighter who has elected under section 742.516 of | 73 |
the Revised Code to transfer from the Ohio police and fire pension | 74 |
fund to the public employees retirement system. | 75 |
(7) Who is a member of the board of health of a city or | 76 |
general health district, which pursuant to sections 3709.051 and | 77 |
3709.07 of the Revised Code includes a combined health district, | 78 |
and whose compensation for attendance at meetings of the board is | 79 |
set forth in division (B) of section 3709.02 or division (B) of | 80 |
section 3709.05 of the Revised Code, as appropriate; | 81 |
(8) Who participates in an alternative retirement plan | 82 |
established under Chapter 3305. of the Revised Code; | 83 |
(9) Who is a member of the board of directors of a sanitary | 84 |
district established under Chapter 6115. of the Revised Code; | 85 |
(10) Who is a member of the unemployment compensation | 86 |
advisory council; | 87 |
(11) Who is an employee, officer, or governor-appointed | 88 |
member of the board of directors of the nonprofit corporation | 89 |
formed under section 187.01 of the Revised Code; | 90 |
(12) Who is employed by the nonprofit entity established to | 91 |
provide advocacy services and a client assistance program for | 92 |
people with disabilities under Section 319.20 of Am. Sub. H.B. 153 | 93 |
of the 129th general assembly and whose employment begins on or | 94 |
after October 1, 2012. | 95 |
(B) No inmate of a correctional institution operated by the | 96 |
department of rehabilitation and correction, no patient in a | 97 |
hospital for the mentally ill or criminally insane operated by the | 98 |
department of mental health and addiction services, no resident in | 99 |
an institution for the mentally retarded operated by the | 100 |
department of developmental disabilities, no resident admitted as | 101 |
a patient of a veterans' home operated under Chapter 5907. of the | 102 |
Revised Code, and no resident of a county home shall be considered | 103 |
as a public employee for the purpose of establishing membership or | 104 |
calculating service credit or benefits under this chapter. Nothing | 105 |
in this division shall be construed to affect any service credit | 106 |
attained by any person who was a public employee before becoming | 107 |
an inmate, patient, or resident at any institution listed in this | 108 |
division, or the payment of any benefit for which such a person or | 109 |
such a person's beneficiaries otherwise would be eligible. | 110 |
Sec. 145.09. The public employees retirement board shall | 111 |
elect from its membership a chairperson | 112 |
appoint an executive director who shall serve as secretary to the | 113 |
board, an actuary, and other employees as necessary for the | 114 |
transaction of the business of the public employees retirement | 115 |
system. The compensation of all persons so appointed shall be | 116 |
fixed by the board. Such persons appointed by the board are not | 117 |
employees of the state and are not subject to Chapter 124. of the | 118 |
Revised Code. | 119 |
If the board provides health care coverage to employees of | 120 |
the retirement system, it may permit employees of the Ohio public | 121 |
employees deferred compensation board to participate. | 122 |
Effective ninety days after September 15, 2004, the board may | 123 |
not employ a state retirement system investment officer, as | 124 |
defined in section 1707.01 of the Revised Code, who does not hold | 125 |
a valid state retirement system investment officer license issued | 126 |
by the division of securities in the department of commerce. | 127 |
Every expense voucher of an employee, officer, or board | 128 |
member of the public employees retirement system shall itemize all | 129 |
purchases and expenditures. | 130 |
The board shall perform other functions as required for the | 131 |
proper execution of this chapter, and may adopt rules in | 132 |
accordance with section 111.15 of the Revised Code for the proper | 133 |
administration and management of this chapter. | 134 |
The board may take all appropriate action to avoid payment by | 135 |
the system or its members of federal or state income taxes on | 136 |
contributions to the system or amounts earned on such | 137 |
contributions. | 138 |
Notice of proposed rules shall be given to interested parties | 139 |
and rules adopted by the board shall be published and otherwise | 140 |
made available. When it files a rule with the joint committee on | 141 |
agency rule review pursuant to section 111.15 of the Revised Code, | 142 |
the board shall submit to the Ohio retirement study council a copy | 143 |
of the full text of the rule, and if applicable, a copy of the | 144 |
rule summary and fiscal analysis required by division (B) of | 145 |
section 127.18 of the Revised Code. | 146 |
The board may sue and be sued, plead and be impleaded, | 147 |
contract and be contracted with. All of its business shall be | 148 |
transacted, all of its funds invested, all warrants for money | 149 |
drawn and payments made, and all of its cash and securities and | 150 |
other property shall be held in the name of the board, or in the | 151 |
name of its nominee, provided that nominees are authorized by | 152 |
retirement board resolution for the purpose of facilitating the | 153 |
ownership and transfer of investments. | 154 |
If the Ohio retirement study council establishes a uniform | 155 |
format for any report the board is required to submit to the | 156 |
council, the board shall submit the report in that format. | 157 |
Sec. 145.191. (A) Except as provided in division (F) of this | 158 |
section, a public employees retirement system member or | 159 |
contributor who, as of December 31, 2002, has less than five years | 160 |
of total service credit is eligible to make an election under this | 161 |
section. A member or contributor who is employed in more than one | 162 |
position subject to this chapter is eligible to make only one | 163 |
election. The election applies to all positions subject to this | 164 |
chapter. | 165 |
Not later than June 30, 2003, an eligible member or | 166 |
contributor may elect to participate in a PERS defined | 167 |
contribution plan. Unless a form evidencing an election is | 168 |
received by the system on or before that date, a member or | 169 |
contributor to whom this section applies is deemed to have elected | 170 |
to continue participating in the PERS defined benefit plan. | 171 |
(B) An election under this section shall be made in writing | 172 |
on a form provided by the system and filed with the system. | 173 |
(C) On the request of a member or contributor who made an | 174 |
election under this section, the system shall credit to the plan | 175 |
elected the accumulated contributions standing to the credit of | 176 |
the member or contributor in the employees' savings fund and | 177 |
cancel all service credit and eligibility for any payment, | 178 |
benefit, or right under the PERS defined benefit plan. | 179 |
(D) For each member or contributor who elected under this | 180 |
section to participate in a PERS defined contribution plan and | 181 |
made a request under division (C) of this section, any additional | 182 |
deposits that were made by the member or contributor prior to | 183 |
April 6, 2007, under the version of division (C) of section 145.23 | 184 |
of the Revised Code as it existed immediately prior to that date | 185 |
shall be credited to the defined contribution plan. | 186 |
(E) An election under this section is effective as of January | 187 |
1, 2003, and, except as provided in section 145.814 of the Revised | 188 |
Code or rules governing the PERS defined benefit plan, is | 189 |
irrevocable on receipt by the system. | 190 |
(F) An election may not be made under this section by a | 191 |
member or contributor who is either of the following: | 192 |
(1) A PERS retirant who is a member under division | 193 |
section 145.38 of the Revised Code; | 194 |
(2) A PERS law enforcement officer or a PERS public safety | 195 |
officer. | 196 |
Sec. 145.194. (A) A member participating in a PERS defined | 197 |
contribution plan | 198 |
becomes a PERS law enforcement officer or PERS public safety | 199 |
officer shall cease making contributions to | 200 |
contribution plan. During employment as a PERS law enforcement | 201 |
officer or a PERS public safety officer and any concurrent | 202 |
employment in a position subject to this chapter, the member shall | 203 |
contribute only to the PERS defined benefit plan. | 204 |
(B) A member described in division (A) of this section with | 205 |
contributions standing to the member's credit in a PERS defined | 206 |
contribution plan may elect to have those contributions deposited | 207 |
and credited in the PERS defined benefit plan in accordance with | 208 |
section 145.814 of the Revised Code and rules governing the PERS | 209 |
defined benefit plan. | 210 |
Sec. 145.28. (A) | 211 |
and "transferring system" have the same meanings as in section | 212 |
145.37 of the Revised Code. | 213 |
(B)(1) Except as provided in division | 214 |
section, a member of the public employees retirement system with | 215 |
at least eighteen months of contributing service in the system, | 216 |
the state teachers retirement system, or the school employees | 217 |
retirement system who exempted self from membership in one or more | 218 |
of the systems pursuant to section 145.03 or 3309.23 of the | 219 |
Revised Code, or former section 3307.25 or 3309.25 of the Revised | 220 |
Code, or was exempt under section 3307.24 of the Revised Code, may | 221 |
purchase credit for each year or portion of a year of service for | 222 |
which the member was exempted. | 223 |
(2) A member may not purchase credit under this section for | 224 |
exempted service if the service was exempted from contribution | 225 |
under section 145.03 of the Revised Code and subject to the tax on | 226 |
wages imposed by the "Federal Insurance Contributions Act," 68A | 227 |
Stat. 415 (1954), 26 U.S.C.A. 3101, as amended. | 228 |
| 229 |
accordance with section 145.29 of the Revised Code. | 230 |
| 231 |
one year of service for any twelve-month period. If the period of | 232 |
service for which credit is purchasable under this section is | 233 |
concurrent with a period of service that will be used to calculate | 234 |
a retirement benefit from this system, the state teachers | 235 |
retirement system, or school employees retirement system, the | 236 |
amount of the credit shall be adjusted in accordance with rules | 237 |
adopted by the public employees retirement board. | 238 |
A member who is also a member of the state teachers | 239 |
retirement system or the school employees retirement system shall | 240 |
purchase credit for any service for which the member exempted self | 241 |
under section 145.03 or 3309.23 of the Revised Code, or former | 242 |
section 3307.25 or 3309.25 of the Revised Code, or was exempt | 243 |
under section 3307.24 of the Revised Code, from the retirement | 244 |
system in which the member has the greatest number of years of | 245 |
service credit. If the member receives benefits under section | 246 |
145.37 of the Revised Code, the | 247 |
248 | |
receive from the | 249 |
systems the amounts paid by the member for purchase of credit for | 250 |
exempt service plus interest at the actuarial assumption rate of | 251 |
the transferring system | 252 |
for the period beginning on the date of the member's last payment | 253 |
for purchase of the credit and ending on the date of the member's | 254 |
retirement. | 255 |
| 256 |
257 | |
258 |
(E) The retirement board shall adopt rules to implement this | 259 |
section. | 260 |
Sec. 145.29. (A) A member of the public employees retirement | 261 |
system who elects to purchase or otherwise obtain service credit | 262 |
under section 145.28, 145.291, 145.292, 145.293, or 145.299 or | 263 |
division (G) of section 145.47 of the Revised Code shall do both | 264 |
of the following: | 265 |
(1) Submit a request to the public employees retirement board | 266 |
in a manner or form approved by the board; | 267 |
(2) For each year, or portion of a year, of credit purchased | 268 |
or otherwise obtained, pay to the employees' savings fund an | 269 |
amount specified by the board that is equal to one hundred per | 270 |
cent of the additional liability resulting from purchasing or | 271 |
obtaining that year or portion of a year of credit as determined | 272 |
by an actuary employed by the board. | 273 |
(B) Subject to board rules, a member may choose to purchase | 274 |
or otherwise obtain in any one payment only part of any service | 275 |
credit listed in division (A) of this section. | 276 |
(C) If a member dies or withdraws from service, any payment | 277 |
made by the member to purchase or obtain any service credit listed | 278 |
in division (A) of this section shall be considered as accumulated | 279 |
contributions of the member. | 280 |
Sec. 145.295. (A) As used in this section and section | 281 |
145.2913 of the Revised Code: | 282 |
(1) "Uniform retirement system" or "uniform system" means the | 283 |
Ohio police and fire pension fund or state highway patrol | 284 |
retirement system. | 285 |
(2) "Military service credit" means credit purchased or | 286 |
obtained under this chapter or Chapter 742. or 5505. of the | 287 |
Revised Code for service in the armed forces of the United States. | 288 |
(B) A member of the public employees retirement system who | 289 |
has contributions on deposit with, but is no longer contributing | 290 |
to, a uniform retirement system shall, in computing years of | 291 |
service, be given full credit for service credit earned under | 292 |
Chapter 742. or 5505. of the Revised Code or for military service | 293 |
credit if a transfer to the public employees retirement system is | 294 |
made under this division. At the request of the member a transfer | 295 |
shall be made if all of the following conditions are met: | 296 |
(1) The member's service credit in the public employees | 297 |
retirement system is greater than the amount of credit that would | 298 |
be transferred under this division. | 299 |
(2) The member is eligible, or with the credit will be | 300 |
eligible, for a retirement or disability benefit. | 301 |
| 302 |
benefit not later than ninety days after receiving notice from the | 303 |
public employees retirement system that the credit has been | 304 |
obtained. | 305 |
| 306 |
to the public employees retirement system the sum of the | 307 |
following: | 308 |
(a) An amount equal to the member's accumulated contributions | 309 |
to the uniform system making the transfer and any payments by the | 310 |
member for military service credit; | 311 |
(b) An amount equal to the lesser of the employer's | 312 |
contributions to the uniform system or the appropriate employer | 313 |
contribution under section 145.48 or 145.49 of the Revised Code; | 314 |
(c) Interest, determined as provided in division (H) of this | 315 |
section, on the amounts specified in divisions (B) | 316 |
(b) of this section for the period from the last day of the year | 317 |
for which the service credit in the uniform system was earned or | 318 |
in which the military service credit was purchased or obtained to | 319 |
the date the transfer is made. | 320 |
(C) A member of the public employees retirement system who | 321 |
has at least eighteen months of contributing service credit with | 322 |
the public employees retirement system, who is a former member of | 323 |
a uniform retirement system, and who has received a refund of the | 324 |
member's accumulated contributions to that uniform system may | 325 |
obtain credit for service credit earned under Chapter 742. or | 326 |
5505. of the Revised Code or for military service credit if all of | 327 |
the following conditions are met: | 328 |
(1) The member's service credit in the public employees | 329 |
retirement system is greater than the amount of credit that would | 330 |
be transferred under this division. | 331 |
(2) The member is eligible, or with the credit will be | 332 |
eligible, for a retirement or disability benefit. | 333 |
| 334 |
benefit not later than ninety days after receiving notice from the | 335 |
public employees retirement system that the credit has been | 336 |
obtained. | 337 |
| 338 |
retirement system receives the sum of the following: | 339 |
(a) An amount, which shall be paid by the member, equal to | 340 |
the amount refunded by the uniform system to the member for that | 341 |
year for accumulated contributions and payments for military | 342 |
service credit, with interest at a rate established by the public | 343 |
employees retirement board on that amount from the date of the | 344 |
refund to the date of the payment; | 345 |
(b) Interest, which shall be transferred by the uniform | 346 |
system, on the amount refunded to the member that is attributable | 347 |
to the year of service from the last day of the year for which the | 348 |
service credit was earned or in which payment was made for | 349 |
military service credit to the date the refund was made; | 350 |
(c) An amount, which shall be transferred by the uniform | 351 |
system, equal to the lesser of the employer's contributions to the | 352 |
uniform system or the appropriate employer contribution under | 353 |
section 145.48 or 145.49 of the Revised Code, with interest on | 354 |
that amount from the last day of the year for which the service | 355 |
credit was earned or in which payment was made for military | 356 |
service credit to the date of the transfer. | 357 |
On receipt of payment from the member, the public employees | 358 |
retirement system shall notify the uniform system, which, on | 359 |
receipt of the notice, shall make the transfer required by this | 360 |
division. Interest shall be determined as provided in division (H) | 361 |
of this section. | 362 |
(D) A member of the public employees retirement system who | 363 |
purchased credit under former division (A)(1) of this section, as | 364 |
it existed before August 25, 1995, for service as a member of a | 365 |
uniform retirement system may elect to have the amount the member | 366 |
paid for this service credit refunded to the member under this | 367 |
division if the member agrees to repurchase this service credit | 368 |
pursuant to division (C) of this section. | 369 |
(E) Service credit purchased or otherwise obtained under this | 370 |
section shall be considered the equivalent of Ohio service credit. | 371 |
The public employees retirement system shall withdraw the | 372 |
credit and refund all amounts paid or transferred under this | 373 |
section if either of the following occurs: | 374 |
(1) The member fails to retire or accept a disability benefit | 375 |
not later than ninety days after receiving notice from the public | 376 |
employees retirement system that credit has been obtained. | 377 |
(2) The member's application for a disability benefit is | 378 |
denied. | 379 |
A member may choose to purchase only part of the credit the | 380 |
member is eligible to purchase under division (C) of this section, | 381 |
subject to rules of the public employees retirement board. A | 382 |
member is ineligible to purchase or otherwise obtain credit under | 383 |
this section for service to be used in calculation of any | 384 |
retirement benefit currently being paid or payable to the member | 385 |
in the future under any other retirement program or for service | 386 |
credit that may be transferred under section 145.2913 of the | 387 |
Revised Code. | 388 |
(F) If a member of the public employees retirement system who | 389 |
is not a current contributor elects to receive credit under | 390 |
section 742.21 or 5505.40 of the Revised Code for service for | 391 |
which the member contributed to the system or made payment for | 392 |
military service credit, the system shall transfer to the Ohio | 393 |
police and fire pension fund or the state highway patrol | 394 |
retirement system, as applicable, the amount specified in division | 395 |
(D) of section 742.21 or division (B)(2) of section 5505.40 of the | 396 |
Revised Code. | 397 |
(G) A member of the public employees retirement system who | 398 |
earned service credit in the public employees retirement system | 399 |
for full-time service as a township or municipal police officer | 400 |
and received service credit in the Ohio police and fire pension | 401 |
fund under section 742.511 or 742.512 of the Revised Code for such | 402 |
service may elect to have the credit restored as public employees | 403 |
retirement system service credit by paying the public employees | 404 |
retirement system an amount equal to the accumulated contributions | 405 |
paid by the member to the Ohio police and fire pension fund under | 406 |
section 742.511 or 742.512 of the Revised Code. When such an | 407 |
election is made, the Ohio police and fire pension fund shall | 408 |
transfer to the public employees retirement system the amount | 409 |
previously transferred under section 742.511 or 742.512 of the | 410 |
Revised Code from the public employees retirement system to the | 411 |
Ohio police and fire pension fund. | 412 |
(H) Interest charged under this section shall be calculated | 413 |
separately for each year of service credit. Unless otherwise | 414 |
specified in this section, it shall be calculated at the lesser of | 415 |
the actuarial assumption rate for that year of the public | 416 |
employees retirement system or of the uniform retirement system in | 417 |
which the credit was earned. The interest shall be compounded | 418 |
annually. | 419 |
(I) At the request of the public employees retirement system, | 420 |
the uniform retirement system shall certify to the public | 421 |
employees retirement system a copy of the records of the service | 422 |
and contributions of a public employees retirement system member | 423 |
who seeks service credit under this section. | 424 |
Sec. 145.297. (A) As used in this section, "employing unit" | 425 |
means: | 426 |
(1) A municipal corporation, agency of a municipal | 427 |
corporation designated by the legislative authority, park | 428 |
district, conservancy district, sanitary district, health | 429 |
district, township, department of a township designated by the | 430 |
board of township trustees, metropolitan housing authority, public | 431 |
library, county law library, union cemetery, joint hospital, or | 432 |
other political subdivision or unit of local government. | 433 |
(2) With respect to state employees, any entity of the state | 434 |
including any department, agency, institution of higher education, | 435 |
board, bureau, commission, council, office, or administrative body | 436 |
or any part of such entity that is designated by the entity as an | 437 |
employing unit. | 438 |
(3)(a) With respect to employees of a board of alcohol, drug | 439 |
addiction, and mental health services, that board. | 440 |
(b) With respect to employees of a county board of | 441 |
developmental disabilities, that board. | 442 |
(c) With respect to other county employees, the county or any | 443 |
county agency designated by the board of county commissioners. | 444 |
(4) In the case of an employee whose employing unit is in | 445 |
question, the employing unit is the unit through whose payroll the | 446 |
employee is paid. | 447 |
(B) An employing unit may establish a retirement incentive | 448 |
plan for its eligible employees. In the case of a county or county | 449 |
agency, decisions on whether to establish a retirement incentive | 450 |
plan for any employees other than employees of a board of alcohol, | 451 |
drug addiction, and mental health services or county board of | 452 |
developmental disabilities and on the terms of the plan shall be | 453 |
made by the board of county commissioners. In the case of a | 454 |
municipal corporation or an agency of a municipal corporation, | 455 |
decisions on whether to establish a retirement incentive plan and | 456 |
on the terms of the plan shall be made by the legislative | 457 |
authority. | 458 |
All terms of a retirement incentive plan shall be in writing. | 459 |
A retirement incentive plan shall provide for purchase by the | 460 |
employing unit of service credit for eligible employees who elect | 461 |
to participate in the plan and for payment by the employing unit | 462 |
of the entire cost of the service credit purchased. | 463 |
Every retirement incentive plan shall remain in effect for at | 464 |
least one year. The employing unit shall give employees at least | 465 |
thirty days' notice before terminating the plan. | 466 |
Every retirement incentive plan shall include provisions for | 467 |
the timely and impartial resolution of grievances and disputes | 468 |
arising under the plan. | 469 |
No employing unit shall have more than one retirement | 470 |
incentive plan in effect at any time. | 471 |
(C) Any classified or unclassified employee of the employing | 472 |
unit who is a member of the public employees retirement system | 473 |
shall be eligible to participate in the retirement incentive plan | 474 |
established by the employee's employing unit if the employee meets | 475 |
the following criteria: | 476 |
(1) The employee is not any of the following: | 477 |
(a) An elected official; | 478 |
(b) A member of a board or commission; | 479 |
(c) A person elected to serve a term of fixed length; | 480 |
(d) A person appointed to serve a term of fixed length, other | 481 |
than a person appointed and employed by the person's employing | 482 |
unit. | 483 |
(2) The employee is or will be eligible to retire under | 484 |
section 145.33 | 485 |
before the date of termination of the retirement incentive plan. | 486 |
Service credit to be purchased for the employee under the | 487 |
retirement incentive plan shall be included in making such | 488 |
determination. | 489 |
(3) The employee agrees to retire under section 145.33 | 490 |
491 | |
receiving notice from the public employees retirement system that | 492 |
service credit has been purchased for the employee under this | 493 |
section. | 494 |
Participation in the plan shall be available to all eligible | 495 |
employees except that the employing unit may limit the number of | 496 |
participants in the plan to a specified percentage of its | 497 |
employees who are members of the public employees retirement | 498 |
system on the date the plan goes into effect. The percentage shall | 499 |
not be less than five per cent of such employees. If participation | 500 |
is limited, employees with more total service credit have the | 501 |
right to elect to participate before employees with less total | 502 |
service credit. In the case of employees with the same total | 503 |
service credit, employees with a greater length of service with | 504 |
the employing unit have the right to elect to participate before | 505 |
employees with less service with the employing unit. Employees | 506 |
with less than eighteen months of service with the employing unit | 507 |
have the right to elect to participate only after all other | 508 |
eligible employees have been given the opportunity to elect to | 509 |
participate. For the purpose of determining which employees may | 510 |
participate in a plan, total service credit includes service | 511 |
credit purchased by the employee under this chapter after the date | 512 |
on which the plan is established. | 513 |
A retirement incentive plan that limits participation may | 514 |
provide that an employee who does not notify the employing unit of | 515 |
the employee's decision to participate in the plan within a | 516 |
specified period of time will lose priority to participate in the | 517 |
plan ahead of other employees with less seniority. The time given | 518 |
to an employee to elect to participate ahead of other employees | 519 |
shall not be less than thirty days after the employee receives | 520 |
written notice that the employee may participate in the plan. | 521 |
(D) A retirement incentive plan shall provide for purchase of | 522 |
the same amount of service credit for each participating employee, | 523 |
except that the employer may not purchase more service credit for | 524 |
any employee than the lesser of the following: | 525 |
(1) Five years of service credit; | 526 |
(2) An amount of service credit equal to one-fifth of the | 527 |
total service credited to the participant under this chapter, | 528 |
exclusive of service credit purchased under this section. | 529 |
For each year of service credit purchased under this section, | 530 |
the employing unit shall pay an amount equal to the additional | 531 |
liability resulting from the purchase of that year of service | 532 |
credit, as determined by an actuary employed by the public | 533 |
employees retirement board. | 534 |
(E) Upon the election by an eligible employee to participate | 535 |
in the retirement incentive plan, the employee and the employing | 536 |
unit shall agree upon a date for payment or contracting for | 537 |
payment in installments to the public employees retirement system | 538 |
of the cost of the service credit to be purchased. The employing | 539 |
unit shall submit to the public employees retirement system a | 540 |
written request for a determination of the cost of the service | 541 |
credit, and within forty-five days after receiving the request, | 542 |
the board shall give the employing unit written notice of the | 543 |
cost. | 544 |
The employing unit shall pay or contract to pay in | 545 |
installments the cost of the service credit to be purchased to the | 546 |
public employees retirement system on the date agreed to by the | 547 |
employee and the employing unit. The payment shall be made in | 548 |
accordance with rules adopted by the public employees retirement | 549 |
board. The rules may provide for payment in installments and for | 550 |
crediting the purchased credit to the employee's account upon the | 551 |
employer's contracting to pay the cost in installments. The board | 552 |
shall notify the member when the member is credited with service | 553 |
purchased under this section. If the employee does not retire | 554 |
within ninety days after receiving notice that the employee has | 555 |
been credited with the purchased service credit, the system shall | 556 |
refund to the employing unit the amount paid for the service | 557 |
credit. | 558 |
No payment made to the public employees retirement system | 559 |
under this section shall affect any payment required by section | 560 |
145.48 of the Revised Code. | 561 |
(F) For the purpose of determining whether the cost of a | 562 |
retirement incentive plan established by a county or county agency | 563 |
under this section is an allowable cost for the purpose of federal | 564 |
funding for any year, the cost shall be considered abnormal or | 565 |
mass severance pay only if fifteen per cent or more of the county | 566 |
or county agency's employees participate in the plan in that year. | 567 |
Nothing in this division shall relieve a county or county | 568 |
agency from seeking federal approval for any early retirement | 569 |
incentive plan that uses federal dollars in accordance with | 570 |
federal law. | 571 |
Sec. 145.2914. (A) The public employees retirement board may | 572 |
adopt rules in accordance with section 145.09 of the Revised Code | 573 |
to establish a program under which service credit earned under | 574 |
section 145.33 of the Revised Code or division (A)(2), | 575 |
(B) | 576 |
treated as service credit earned under division (A)(1), (B)(1)(a), | 577 |
or (C)(1) of section 145.332 of the Revised Code if the member | 578 |
elects to do one of the following: | 579 |
(1) Have the amount of service credit earned under section | 580 |
145.33 of the Revised Code or division (A)(2), (B) | 581 |
(C)(2) of section 145.332 of the Revised Code reduced so there is | 582 |
no additional liability to the public employees retirement system; | 583 |
(2) Make payment to the public employees retirement system in | 584 |
accordance with the rules. The number of years of service credit | 585 |
earned under section 145.33 of the Revised Code or division | 586 |
(A)(2), (B) | 587 |
Code that may be treated as service credit earned under division | 588 |
(A)(1), (B)(1)(a), or (C)(1) of section 145.332 of the Revised | 589 |
Code shall not exceed five. | 590 |
(B) If the board adopts rules under division (A) of this | 591 |
section, all of the following apply to payments made under | 592 |
division (A)(2) of this section: | 593 |
(1) For each year or portion of a year of service credit | 594 |
earned under section 145.33 of the Revised Code or division | 595 |
(A)(2), (B) | 596 |
Code that is to be treated as service credit earned under division | 597 |
(A)(1), (B)(1)(a), or (C)(1) of section 145.332 of the Revised | 598 |
Code, the member shall pay to the retirement system an amount | 599 |
specified by the retirement board that is not less than one | 600 |
hundred per cent of the additional liability resulting from the | 601 |
purchase of that year, or portion of a year, of service. | 602 |
(2) Any amounts paid under this section shall be credited to | 603 |
the employees' savings fund. | 604 |
(3) The amounts paid by the member under this section are | 605 |
subject to the limits established by division (n) of section 415 | 606 |
of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. | 607 |
415(n), as amended. | 608 |
(C) A member may make the election authorized by this section | 609 |
if the member is eligible to retire under this chapter or will | 610 |
become eligible to retire as a result of the election. The member | 611 |
shall agree to retire not later than ninety days after making the | 612 |
election under division (A)(1) of this section or receiving notice | 613 |
of the additional liability specified under division (B)(1) of | 614 |
this section. If the member makes the election under division | 615 |
(A)(2) of this section, payment shall be made in full for any | 616 |
credit earned under section 145.33 of the Revised Code or division | 617 |
(A)(2), (B) | 618 |
Code that is to be treated as service credit earned under division | 619 |
(A)(1), (B)(1)(a), or (C)(1) of section 145.332 of the Revised | 620 |
Code, but the member may choose to make payment for only part of | 621 |
the credit for which the member is eligible. | 622 |
(D) If the member does not retire not later than ninety days | 623 |
after making the election under division (A)(1) of this section or | 624 |
the payment under division (A)(2) of this section, the system | 625 |
shall refund any payment and shall not treat the credit as service | 626 |
credit earned under division (A)(1), (B)(1)(a), or (C)(1) of | 627 |
section 145.332 of the Revised Code. | 628 |
(E) The board's rules may deal with any other matter | 629 |
necessary to implement this section. | 630 |
Sec. 145.2915. (A) As used in this section, "workers' | 631 |
compensation" means benefits paid under Chapter 4121. or 4123. of | 632 |
the Revised Code. | 633 |
(B) A member of the public employees retirement system may | 634 |
purchase service credit under this section for any period during | 635 |
which the member was out of service with a public employer and | 636 |
receiving workers' compensation if the member returns to | 637 |
employment covered by this chapter. | 638 |
(C) For credit purchased under this section: | 639 |
(1) If the member is employed by one public employer, for | 640 |
each year of credit, the member shall pay to the system for credit | 641 |
to the employees' savings fund an amount equal to the employee | 642 |
contribution required under section 145.47 of the Revised Code | 643 |
that would have been paid had the member not been out of service | 644 |
based on the salary of the member before the member was out of | 645 |
service. To this amount shall be added an amount equal to compound | 646 |
interest at a rate established by the public employees retirement | 647 |
board from the first date the member was out of service to the | 648 |
final date of payment. | 649 |
(2) If the member is employed by more than one public | 650 |
employer, the member is eligible to purchase credit under this | 651 |
section and make payments under division (C)(1) | 652 |
only for the position for which the member received workers' | 653 |
compensation. For each year of credit, the member shall pay to the | 654 |
system for credit to the employees' savings fund an amount equal | 655 |
to the employee contribution required under section 145.47 of the | 656 |
Revised Code that would have been paid had the member not been out | 657 |
of service based on the salary of the member earned for the | 658 |
position for which the member received workers' compensation | 659 |
before the member was out of service. To this amount shall be | 660 |
added an amount equal to compound interest at a rate established | 661 |
by the public employees retirement board from the first date the | 662 |
member was out of service to the final date of payment. | 663 |
(D) The member may choose to purchase only part of such | 664 |
credit in any one payment, subject to board rules. | 665 |
(E) If a member makes a payment under division (C) of this | 666 |
section, the employer to which workers' compensation benefits are | 667 |
attributed shall pay to the system for credit to the employers' | 668 |
accumulation fund an amount equal to the employer contribution | 669 |
required under section 145.48 or 145.49 of the Revised Code | 670 |
corresponding to that payment that would have been paid had the | 671 |
member not been out of service based on the salary of the member | 672 |
before the member was out of service. | 673 |
Compound interest at a rate established by the board from the | 674 |
later of the member's date of re-employment or | 675 |
676 | |
added to this amount if the employer pays all or any portion of | 677 |
the amount | 678 |
following: | 679 |
(1) A period of five years | 680 |
(2) A period that is three times the period during which the | 681 |
member was out of service and receiving workers' compensation | 682 |
683 |
The period described in division (E)(1) or (2) of this | 684 |
section begins with the later of the member's date of | 685 |
re-employment or | 686 |
2013. | 687 |
(F) The number of years purchased under this section shall | 688 |
not exceed three. Credit purchased under this section may be | 689 |
combined pursuant to section 145.37 of the Revised Code with | 690 |
credit purchased or obtained under Chapter 3307. or 3309. of the | 691 |
Revised Code for periods the member was out of service and | 692 |
receiving workers' compensation, but not more than a total of | 693 |
three years of credit may be used in determining retirement | 694 |
eligibility or calculating benefits under section 145.37 of the | 695 |
Revised Code. | 696 |
Sec. 145.31. (A)(1) Except as provided in this section, a | 697 |
member or former member of the public employees retirement system | 698 |
with at least eighteen months of contributing service credit in | 699 |
this system, the state teachers retirement system, the school | 700 |
employees retirement system, the Ohio police and fire pension | 701 |
fund, or the state highway patrol retirement system, after the | 702 |
withdrawal of accumulated contributions and cancellation of | 703 |
service credit in this system, may restore such service credit by | 704 |
redepositing the amount withdrawn, with interest on such amount | 705 |
compounded annually at a rate to be determined by the public | 706 |
employees retirement board from the first day of the month of | 707 |
withdrawal to and including the month of redeposit. | 708 |
(2) The amount redeposited shall be credited as follows: | 709 |
| 710 |
under section 145.401 of the Revised Code in the withdrawal of | 711 |
accumulated contributions under section 145.40 of the Revised Code | 712 |
shall be credited to the employers' accumulation fund. | 713 |
| 714 |
account in the employees' savings fund. | 715 |
(3) If the accumulated contributions were withdrawn under | 716 |
section 145.402 of the Revised Code, service credit may be | 717 |
restored only if the member or former member accrued eighteen | 718 |
months of contributing service credit after withdrawal of the | 719 |
accumulated contributions. | 720 |
(B) The member may choose to purchase only part of | 721 |
credit available under this section in any one payment, subject to | 722 |
board rules. Except for any amount included under section 145.401 | 723 |
of the Revised Code in the withdrawal of accumulated contributions | 724 |
under section 145.40 of the Revised Code, the total payment to | 725 |
restore canceled service credit, plus any interest credited | 726 |
thereto, shall be considered as accumulated contributions of the | 727 |
member. If a former member is eligible to buy the service credit | 728 |
as a member of the Ohio police and fire pension fund, state | 729 |
highway patrol retirement system, or the city of Cincinnati | 730 |
retirement system, the former member is ineligible to restore that | 731 |
service credit under this section. | 732 |
(C) Any employee who has been refunded the employee's | 733 |
accumulated contributions to the public employees retirement | 734 |
system solely by reason of membership in a former firemen's relief | 735 |
and pension fund or a former police relief and pension fund may | 736 |
restore membership in the public employees retirement system by | 737 |
redepositing with the system the amount refunded, with interest on | 738 |
such amount compounded annually at a rate to be determined by the | 739 |
board from the month of refund to and including the month of | 740 |
redeposit. The member may choose to purchase only part of such | 741 |
credit in any one payment, subject to board rules. | 742 |
| 743 |
section, the board may by rule require deposit of an amount | 744 |
specified in the rule. The amount shall not exceed the additional | 745 |
liability to the retirement system that results from granting the | 746 |
credit. | 747 |
Sec. 145.311. (A) A member of the public employees | 748 |
retirement system who has at least eighteen months of contributing | 749 |
service credit in the system, the Ohio police and fire pension | 750 |
fund, school employees retirement system, state teachers | 751 |
retirement system, or state highway patrol retirement system, and | 752 |
is a former member of or no longer contributing to the school | 753 |
employees retirement system or state teachers retirement system | 754 |
may restore service credit under section 3307.71 or 3309.26 of the | 755 |
Revised Code by making payments pursuant to this section through a | 756 |
payroll deduction plan established under section 145.294 of the | 757 |
Revised Code. A member seeking to restore this service credit | 758 |
shall notify the public employees retirement system on a form | 759 |
approved by the public employees retirement board. After receiving | 760 |
the notice, the public employees retirement system shall request | 761 |
that the former retirement system calculate under section 3307.712 | 762 |
or 3309.262 of the Revised Code the cost to the member to restore | 763 |
service credit for each year or portion of a year of service for | 764 |
which the member seeks to restore the service credit. The amount | 765 |
the former retirement system certifies as the cost of restoring | 766 |
the service credit, plus interest described in division (B) of | 767 |
this section, is the cost to the member of restoring the service | 768 |
credit. On receiving the certification from the former retirement | 769 |
system, the public employees retirement system shall notify the | 770 |
member of the cost. | 771 |
(B) For each year or portion of a year of service credit | 772 |
restored under section 3307.71 or 3309.26 of the Revised Code, a | 773 |
member shall pay to the public employees retirement system the | 774 |
amount certified by the former retirement system plus interest at | 775 |
a rate specified by the former retirement system under section | 776 |
3307.712 or 3309.262 of the Revised Code for the period during | 777 |
which deductions are made under section 145.294 of the Revised | 778 |
Code. | 779 |
(C) The public employees retirement board shall at least | 780 |
annually
| 781 |
782 | |
under section 3307.71 or 3309.26 of the Revised Code | 783 |
784 | |
785 | |
service credit for the year or portion of a year for which the | 786 |
payment was made. | 787 |
(D) | 788 |
789 | |
790 | |
791 | |
792 | |
793 | |
794 | |
795 |
| 796 |
Sec. 145.33. (A)(1) Except as provided in section 145.332 of | 797 |
the Revised Code, when a member retires on age and service | 798 |
retirement, the member's total annual single lifetime allowance | 799 |
shall be an amount adjusted in accordance with division (A)(2) or | 800 |
(B) of this section and determined by multiplying the member's | 801 |
total service credit by the following: | 802 |
(a) If the member is eligible for age and service retirement | 803 |
under division (A) or (B) of section 145.32 of the Revised Code, | 804 |
two and two-tenths per cent of the member's final average salary | 805 |
for each of the first thirty years of service plus two and | 806 |
one-half per cent of the member's final average salary for each | 807 |
subsequent year of service; | 808 |
(b) If the member is eligible for age and service retirement | 809 |
under division (C) of section 145.32 of the Revised Code, two and | 810 |
two-tenths per cent of the member's final average salary for each | 811 |
of the first thirty-five years of service plus two and one-half | 812 |
per cent of the member's final average salary for each subsequent | 813 |
year of service. | 814 |
(2)(a) For a member eligible to retire under division (A) of | 815 |
section 145.32 of the Revised Code, the member's allowance under | 816 |
division (A)(1) of this section shall be adjusted by the factors | 817 |
of attained age or years of service to provide the greater amount | 818 |
as determined by the following schedule: | 819 |
Years of | Percentage | 820 | ||||
Attained | or | Total Service | of | 821 | ||
Birthday | Credit | Base Amount | 822 |
58 | 25 | 75 | 823 | |||
59 | 26 | 80 | 824 | |||
60 | 27 | 85 | 825 | |||
61 | 88 | 826 | ||||
28 | 90 | 827 | ||||
62 | 91 | 828 | ||||
63 | 94 | 829 | ||||
29 | 95 | 830 | ||||
64 | 97 | 831 | ||||
65 | 30 or more | 100 | 832 |
(b) For a member eligible to retire under division (B) or (C) | 833 |
of section 145.32 of the Revised Code, the member's allowance | 834 |
under division (A)(1) of this section shall be reduced by a | 835 |
percentage determined by the board's actuary | 836 |
837 | |
838 | |
839 | |
840 |
| 841 |
842 | |
843 | |
844 | |
845 | |
846 | |
847 | |
of the allowance precedes the member's eligibility for an | 848 |
unreduced allowance. | 849 |
| 850 |
percentage reduction for purposes of division (A)(2)(b) | 851 |
this section. | 852 |
(3) For a member eligible to retire under division (A) or (B) | 853 |
of section 145.32 of the Revised Code, the right to a benefit | 854 |
shall vest in accordance with the following schedule, based on the | 855 |
member's attained age by September 1, 1976: | 856 |
Percentage | 857 | ||||
Attained | of | 858 | |||
Birthday | Base Amount | 859 | |||
66 | 102 | 860 | |||
67 | 104 | 861 | |||
68 | 106 | 862 | |||
69 | 108 | 863 | |||
70 or more | 110 | 864 |
(B) The total annual single lifetime allowance that a member | 865 |
shall receive under this section shall not exceed the lesser of | 866 |
the following: | 867 |
(1) Any limit established under section 145.333 of the | 868 |
Revised Code; | 869 |
(2) One hundred per cent of the member's final average | 870 |
salary; | 871 |
(3) The limit established by section 415 of the "Internal | 872 |
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as | 873 |
amended. | 874 |
(C) Retirement allowances determined under this section shall | 875 |
be paid as provided in section 145.46 of the Revised Code. | 876 |
Sec. 145.35. (A) As used in this section | 877 |
sections 145.362 and 145.363 of the Revised Code: | 878 |
(1) "Examining physician" means a physician appointed by the | 879 |
public employees retirement board to conduct a medical examination | 880 |
of a disability benefit applicant or recipient. | 881 |
(2) "Medical consultant" means a physician appointed by the | 882 |
board to review a member's application for a disability benefit or | 883 |
an appeal of a denial or termination of a benefit. | 884 |
(3) "On-duty" illness or injury" means an illness or injury | 885 |
that occurred during or resulted from performance of duties under | 886 |
the direct supervision of a public employer. | 887 |
(B) The public employees retirement system shall provide | 888 |
disability coverage to each member who has at least five years of | 889 |
total service credit and disability coverage for on-duty illness | 890 |
or injury to each member who is a PERS law enforcement officer or | 891 |
PERS public safety officer, regardless of length of service. | 892 |
The coverage shall extend only to illness or injury that | 893 |
occurs before the member's contributing service terminates or, in | 894 |
the case of illness or injury that results from contributing | 895 |
service, becomes evident not later than two years after the date | 896 |
the contributing service ends. The coverage shall not extend to | 897 |
disability resulting from elective cosmetic surgery other than | 898 |
reconstructive surgery. | 899 |
Not later than October 16, 1992, the public employees | 900 |
retirement board shall give each person who is a member on July | 901 |
29, 1992, the opportunity to elect disability coverage either | 902 |
under section 145.36 of the Revised Code or under section 145.361 | 903 |
of the Revised Code. The board shall mail notice of the election, | 904 |
accompanied by an explanation of the coverage under each of the | 905 |
Revised Code sections and a form on which the election is to be | 906 |
made, to each member at the member's last known address. The board | 907 |
shall also provide the explanation and form to any member on | 908 |
request. | 909 |
Regardless of whether the member actually receives notice of | 910 |
the right to make an election, a member who fails to file a valid | 911 |
election under this section shall be considered to have elected | 912 |
disability coverage under section 145.36 of the Revised Code. To | 913 |
be valid, an election must be made on the form provided by the | 914 |
retirement board, signed by the member, and filed with the board | 915 |
not later than one hundred eighty days after the date the notice | 916 |
was mailed, or, in the case of a form provided at the request of a | 917 |
member, a date specified by rule of the retirement board. Once | 918 |
made, an election is irrevocable, but if the member ceases to be a | 919 |
member of the retirement system, the election is void. If a person | 920 |
who makes an election under this section also makes an election | 921 |
under section 3307.62 or 3309.39 of the Revised Code, the election | 922 |
made for the system that pays a disability benefit to that person | 923 |
shall govern the benefit. | 924 |
Disability coverage shall be provided under section 145.361 | 925 |
of the Revised Code for persons who become members after July 29, | 926 |
1992, and for members who elect under this division to be covered | 927 |
under section 145.361 of the Revised Code. | 928 |
The retirement board may adopt rules governing elections made | 929 |
under this division. | 930 |
(C) Application for a disability benefit may be made by a | 931 |
member, by a person acting in the member's behalf, or by the | 932 |
member's employer, provided the member has disability coverage | 933 |
under section 145.36 or 145.361 of the Revised Code and is not | 934 |
receiving a disability benefit under any other Ohio state or | 935 |
municipal retirement program. Application must be made within two | 936 |
years from the date the member's contributing service under the | 937 |
PERS defined benefit plan terminated or the date the member ceased | 938 |
to make contributions to the PERS defined benefit plan under | 939 |
section 145.814 of the Revised Code, unless the | 940 |
board's medical consultant determines that the member's medical | 941 |
records demonstrate conclusively that at the time the two-year | 942 |
period expired, the member was physically or mentally | 943 |
incapacitated for duty and unable to make an application. | 944 |
Application may not be made by or for any person receiving age and | 945 |
service retirement benefits under section 145.33, 145.331, | 946 |
145.332, or 145.37 or former section 145.34 of the Revised Code or | 947 |
any person who, pursuant to section 145.40 of the Revised Code, | 948 |
has been paid the accumulated contributions standing to the credit | 949 |
of the person's individual account in the employees' savings fund. | 950 |
The application shall be made on a form provided by the retirement | 951 |
board. | 952 |
(D) The benefit payable to any member who is approved for a | 953 |
disability benefit shall become effective on the first day of the | 954 |
month immediately following the later of the following: | 955 |
(1) The last day for which compensation was paid; | 956 |
(2) The attainment of eligibility for a disability benefit. | 957 |
(E) Medical examination of a member who has applied for a | 958 |
disability benefit shall be conducted by a competent disinterested | 959 |
examining physician | 960 |
determine whether the member is mentally or physically | 961 |
incapacitated for the performance of duty by a disabling condition | 962 |
either permanent or presumed to be permanent. The disability must | 963 |
have occurred since last becoming a member or have increased since | 964 |
last becoming a member to such extent as to make the disability | 965 |
permanent or presumed to be permanent. A disability is presumed to | 966 |
be permanent if it is expected to last for a continuous period of | 967 |
not less than twelve months following the filing of the | 968 |
application. | 969 |
The standard used to determine whether a member is | 970 |
incapacitated for duty is that the member is mentally or | 971 |
physically incapable of performing the duties of the most recent | 972 |
public position held by the member | 973 |
974 |
| 975 |
section 145.36 or 145.361 of the Revised Code if all of the | 976 |
following apply: | 977 |
(1) The board's examining physician | 978 |
determines that the member qualifies for a disability benefit | 979 |
and the board's medical consultant concurs with the determination; | 980 |
(2) The board concurs with the medical consultant's | 981 |
determination | 982 |
(3) The member agrees to medical treatment as specified in | 983 |
division (F) of this section | 984 |
985 | |
986 |
A disability benefit described in this division may be | 987 |
commenced prior to the board's concurrence with the determination | 988 |
if the conditions specified in divisions (E)(1) and (3) of this | 989 |
section are met. | 990 |
The action of the board shall be final. | 991 |
(F) The public employees retirement board shall adopt rules | 992 |
requiring a disability benefit recipient, as a condition of | 993 |
continuing to receive a disability benefit, to agree in writing to | 994 |
obtain any medical treatment recommended by the board's | 995 |
medical consultant and submit medical reports regarding the | 996 |
treatment. If the board determines that a disability benefit | 997 |
recipient is not obtaining the medical treatment or the board does | 998 |
not receive a required medical report, the disability benefit | 999 |
shall be suspended until the treatment is obtained, the report is | 1000 |
received by the board, or the board's | 1001 |
certifies that the treatment is no longer helpful or advisable. | 1002 |
Should the recipient's failure to obtain treatment or submit a | 1003 |
medical report continue for one year, the recipient's right to the | 1004 |
disability benefit shall be terminated as of the effective date of | 1005 |
the original suspension. | 1006 |
The board shall require the recipient of a disability benefit | 1007 |
who is described in section 145.363 of the Revised Code to comply | 1008 |
with that section. | 1009 |
(G) A disability benefit that has been granted a member but | 1010 |
has not commenced shall not be paid if the member continues in or | 1011 |
returns to employment with the same employer in the same position | 1012 |
or in a position with duties similar to those of the position the | 1013 |
member held at the time the benefit was granted. | 1014 |
(H) In the event an employer files an application for a | 1015 |
disability benefit as a result of a member having been separated | 1016 |
from service because the member is considered to be mentally or | 1017 |
physically incapacitated for the performance of the member's | 1018 |
present duty, and the | 1019 |
1020 | |
member is physically and mentally capable of performing service | 1021 |
similar to that from which the member was separated and the board | 1022 |
concurs in the report, the board shall so certify to the employer | 1023 |
and the employer shall restore the member to the member's previous | 1024 |
position and salary or to a similar position and salary. | 1025 |
Sec. 145.362. A disability benefit recipient whose | 1026 |
application for a disability benefit was received by the public | 1027 |
employees retirement system before | 1028 |
1029 | |
disability occurred, retain membership status and shall be | 1030 |
considered on leave of absence from employment during the first | 1031 |
five years following the effective date of a disability benefit, | 1032 |
notwithstanding any contrary provisions in this chapter. | 1033 |
A disability benefit recipient whose application for a | 1034 |
disability benefit is received by the system on or after | 1035 |
1036 | |
regardless of when the disability occurred, retain membership | 1037 |
status and shall be considered on leave of absence from employment | 1038 |
during the first three years following the effective date of a | 1039 |
disability benefit, except that, if the member is receiving | 1040 |
rehabilitative services acceptable to | 1041 |
physician | 1042 |
permit the recipient to retain membership status and be considered | 1043 |
on leave of absence from employment for up to five years following | 1044 |
the effective date of a disability benefit. | 1045 |
The public employees retirement board shall require any | 1046 |
disability benefit recipient to undergo an annual medical | 1047 |
examination, except that the board may waive the medical | 1048 |
examination if the board's | 1049 |
consultant certifies that the recipient's disability is ongoing or | 1050 |
for any other reason specified in rules adopted by the board. If | 1051 |
any disability benefit recipient refuses to submit to a medical | 1052 |
examination, the recipient's disability benefit shall be suspended | 1053 |
until withdrawal of the refusal. Should the refusal continue for | 1054 |
one year, all the recipient's rights in and to the disability | 1055 |
benefit shall be terminated as of the effective date of the | 1056 |
original suspension. | 1057 |
On completion of the examination by | 1058 |
physician | 1059 |
1060 | |
certify | 1061 |
meets the applicable standard for termination of a disability | 1062 |
benefit. If the examining physician certifies that the recipient | 1063 |
meets the applicable standard for termination of a disability | 1064 |
benefit and the medical consultant concurs, the medical consultant | 1065 |
shall certify to the board that the recipient meets the applicable | 1066 |
standard for termination. | 1067 |
(A) Regardless of when the disability occurred, if the | 1068 |
recipient's application for a disability benefit was received by | 1069 |
the system before | 1070 |
2013, or, if on or after that date, the recipient has been | 1071 |
receiving the benefit for less than three years or is receiving | 1072 |
rehabilitative services acceptable to the board's examining | 1073 |
physician | 1074 |
if, | 1075 |
terminated, the recipient was a PERS law enforcement officer, the | 1076 |
standard for termination is that the recipient is no longer | 1077 |
physically and mentally incapable of resuming the service from | 1078 |
which the recipient was found disabled. | 1079 |
(B) Regardless of when the disability occurred, if the | 1080 |
recipient's application for a disability benefit is received by | 1081 |
the system on or after | 1082 |
January 7, 2013, the recipient has been receiving the benefit for | 1083 |
three years or longer, the recipient was not a PERS law | 1084 |
enforcement officer | 1085 |
contributing service terminated, and the recipient is not | 1086 |
receiving rehabilitative services acceptable to the board's | 1087 |
examining physician | 1088 |
that the recipient is not physically or mentally incapable of | 1089 |
performing the duties of any position that meets all of the | 1090 |
following criteria: | 1091 |
(1) Replaces not less than seventy-five per cent of the | 1092 |
member's final average salary, adjusted each year by the actual | 1093 |
average increase in the consumer price index prepared by the | 1094 |
United States bureau of labor statistics (U.S. city average for | 1095 |
urban wage earners and clerical workers: "all items | 1096 |
1982-1984=100"); | 1097 |
(2) Is reasonably to be found in the member's regional job | 1098 |
market; | 1099 |
(3) Is one that the member is qualified for by experience or | 1100 |
education. | 1101 |
If the board concurs in the report that the disability | 1102 |
benefit recipient meets the applicable standard for termination of | 1103 |
a disability benefit, the payment of the disability benefit shall | 1104 |
be terminated not later than three months after the date of the | 1105 |
board's concurrence or upon employment as a public employee. If | 1106 |
the leave of absence has not expired, the retirement board shall | 1107 |
certify to the disability benefit recipient's last employer before | 1108 |
being found disabled that the recipient is no longer physically | 1109 |
and mentally incapable of resuming service that is the same or | 1110 |
similar to that from which the recipient was found disabled. The | 1111 |
employer shall restore the recipient to the recipient's previous | 1112 |
position and salary or to a position and salary similar thereto, | 1113 |
unless the recipient was dismissed or resigned in lieu of | 1114 |
dismissal for dishonesty, misfeasance, malfeasance, or conviction | 1115 |
of a felony. | 1116 |
Each disability benefit recipient shall file with the board | 1117 |
an annual statement of earnings, current medical information on | 1118 |
the recipient's condition, and any other information required in | 1119 |
rules adopted by the board. The board may waive the requirement | 1120 |
that a disability benefit recipient file an annual statement of | 1121 |
earnings or current medical information if the board's | 1122 |
medical consultant certifies that the recipient's disability is | 1123 |
ongoing. | 1124 |
The board shall annually examine the information submitted by | 1125 |
the recipient. If a disability benefit recipient refuses to file | 1126 |
the statement or information, the disability benefit shall be | 1127 |
suspended until the statement and information are filed. If the | 1128 |
refusal continues for one year, the recipient's right to the | 1129 |
disability benefit shall be terminated as of the effective date of | 1130 |
the original suspension. | 1131 |
If a disability benefit recipient is restored to service by, | 1132 |
or elected to an elective office with, an employer covered by this | 1133 |
chapter, the recipient's disability benefit shall cease. | 1134 |
The board may terminate a disability benefit at the request | 1135 |
of the recipient if the board's medical consultant determines that | 1136 |
the recipient is no longer disabled. | 1137 |
If disability retirement under section 145.36 of the Revised | 1138 |
Code is terminated for any reason, the annuity and pension | 1139 |
reserves at that time in the annuity and pension reserve fund | 1140 |
shall be transferred to the employees' savings fund and the | 1141 |
employers' accumulation fund, respectively. If the total | 1142 |
disability benefit paid is less than the amount of the accumulated | 1143 |
contributions of the member transferred to the annuity and pension | 1144 |
reserve fund at the time of the member's disability retirement, | 1145 |
the difference shall be transferred from the annuity and pension | 1146 |
reserve fund to another fund as may be required. In determining | 1147 |
the amount of a member's account following the termination of | 1148 |
disability retirement for any reason, the total amount paid shall | 1149 |
be charged against the member's refundable account. | 1150 |
If a disability allowance paid under section 145.361 of the | 1151 |
Revised Code is terminated for any reason, the reserve on the | 1152 |
allowance at that time in the annuity and pension reserve fund | 1153 |
shall be transferred from that fund to the employers' accumulation | 1154 |
fund. | 1155 |
If a former disability benefit recipient again becomes a | 1156 |
contributor, other than as an other system retirant under section | 1157 |
145.38 of the Revised Code, to this system, the state teachers | 1158 |
retirement system, or the school employees retirement system, and | 1159 |
completes an additional two years of service credit, the former | 1160 |
disability benefit recipient shall be entitled to full service | 1161 |
credit, not exceeding five years' service credit, for the period | 1162 |
as a disability benefit recipient, except that if the board adopts | 1163 |
a rule requiring payment for the service credit it shall be | 1164 |
granted only if the former disability benefit recipient pays an | 1165 |
amount determined under the rule. The rule shall not require | 1166 |
payment of more than the additional liability to the retirement | 1167 |
system resulting from granting the credit. The former recipient | 1168 |
may choose to purchase only part of the credit in any one payment. | 1169 |
If any employer employs any member who is receiving a | 1170 |
disability benefit, the employer shall file notice of employment | 1171 |
with the retirement board, designating the date of employment. In | 1172 |
case the notice is not filed, the total amount of the benefit paid | 1173 |
during the period of employment prior to notice shall be charged | 1174 |
to and paid by the employer. | 1175 |
Sec. 145.363. This section does not apply to a disability | 1176 |
recipient who, | 1177 |
service terminated, was a PERS law enforcement officer. | 1178 |
(A) A recipient of a disability benefit granted under this | 1179 |
chapter whose application for such benefit is received by the | 1180 |
public employees retirement system on or after | 1181 |
1182 | |
disability occurred, apply for social security disability | 1183 |
insurance benefit payments under 42 U.S.C. 423 if the recipient | 1184 |
meets the requirements of divisions (a)(1)(A),(B), and (C) of that | 1185 |
section. The application for a social security disability | 1186 |
insurance benefit shall be made
| 1187 |
ninety-first | 1188 |
benefit under this chapter or the ninety-first day after the | 1189 |
recipient attains eligibility to apply for a social security | 1190 |
disability insurance benefit, unless the public employees | 1191 |
retirement | 1192 |
member's medical records that the member is physically or mentally | 1193 |
unable to make the application. The recipient shall file with the | 1194 |
system a copy of the completed application | 1195 |
1196 | |
satisfactory to the board and the system shall accept the copy or | 1197 |
other evidence as evidence of the member's application. If a | 1198 |
recipient fails without just cause to apply for social security | 1199 |
disability insurance benefit payments or to file a copy or other | 1200 |
evidence of the application with the system, the disability | 1201 |
benefit under this chapter shall be suspended until application is | 1202 |
made and a copy or other evidence of the application filed with | 1203 |
the system. If the recipient's failure to file a copy or other | 1204 |
evidence of the application continues for one year, the disability | 1205 |
benefit shall be terminated as of the effective date of the | 1206 |
original suspension. | 1207 |
(B) Regardless of whether the recipient's disability is | 1208 |
ongoing, a recipient of a disability benefit under this chapter | 1209 |
who also receives social security disability insurance benefit | 1210 |
payments shall file an annual statement of earnings under section | 1211 |
145.362 of the Revised Code and include a copy of the social | 1212 |
security disability insurance benefit annual reward letter that | 1213 |
specifies the amount of the social security disability insurance | 1214 |
program benefit. | 1215 |
(C) Except as provided in division (D) of this section, if | 1216 |
any year the total of a disability benefit recipient's benefit | 1217 |
under this chapter and social security disability insurance | 1218 |
benefit payments exceeds the recipient's adjusted final average | 1219 |
salary, the annual benefit under this chapter shall be reduced so | 1220 |
that the annual total equals the recipient's adjusted final | 1221 |
average salary. | 1222 |
The recipient's adjusted final average salary shall be | 1223 |
determined by annually increasing the recipient's final average | 1224 |
salary by the percentage increase in the consumer price index, not | 1225 |
exceeding three per cent, as determined by the United States | 1226 |
bureau of labor statistics (U.S. city average for urban wage | 1227 |
earners and clerical workers: "all items 1982-84=100") for the | 1228 |
twelve-month period ending on the thirtieth day of June of the | 1229 |
immediately preceding calendar year. If the consumer price index | 1230 |
for that period did not increase, no increase shall be made to the | 1231 |
recipient's adjusted final average salary for that period. No | 1232 |
adjustment to a benefit shall exceed the limit established by | 1233 |
section 415 of the "Internal Revenue Code of 1986," 100 Stat. | 1234 |
2085, 26 U.S.C. 415, as amended. | 1235 |
If a disability benefit recipient receives retroactive | 1236 |
payments of social security disability insurance benefits, the | 1237 |
system may reduce future disability benefit payments under this | 1238 |
chapter to recoup any overpayments. | 1239 |
(D) The reductions required by division (C) of this section | 1240 |
do not apply to a recipient of a disability benefit under this | 1241 |
chapter who has not less than five years of service credit for | 1242 |
periods during which the recipient had earnings from other | 1243 |
employment that was subject to the tax imposed by the "Federal | 1244 |
Insurance Contributions Act," 26 U.S.C. 3101. | 1245 |
Sec. 145.37. (A) As used in this section: | 1246 |
(1) "State retirement system" means the public employees | 1247 |
retirement system, school employees retirement system, or state | 1248 |
teachers retirement system. | 1249 |
(2) "Total service credit" means all service credit earned in | 1250 |
the state retirement systems, except credit for service subject to | 1251 |
section 145.38 of the Revised Code. Total service credit shall not | 1252 |
exceed one year of credit for any twelve-month period. | 1253 |
(3) In addition to the meaning given in division (N) of | 1254 |
section 145.01 of the Revised Code, "disability benefit" means | 1255 |
"disability benefit" as defined in sections 3307.01 and 3309.01 of | 1256 |
the Revised Code. | 1257 |
(4) "Paying system" means the state retirement system in | 1258 |
which the member has the greatest service credit, without | 1259 |
adjustment or, if a member who has equal service credit in two or | 1260 |
more retirement systems, the retirement system in which the member | 1261 |
has the greatest total contributions. | 1262 |
(5) "Transferring system" means the state retirement system | 1263 |
transferring a member's contributions and service credit in that | 1264 |
system to the paying system. | 1265 |
(6) "Retention percentage" means five per cent, or a | 1266 |
percentage determined under division (D) of this section, of a | 1267 |
member's earnable salary in the case of a member of the public | 1268 |
employees retirement system or five per cent, or a percentage | 1269 |
determined under division (D) of this section, of a member's | 1270 |
compensation in the case of a member of the state teachers | 1271 |
retirement system or school employees retirement system. | 1272 |
(B) To coordinate and integrate membership in the state | 1273 |
retirement systems | 1274 |
| 1275 |
election of a member, total contributions and service credit in | 1276 |
all state retirement systems, including amounts paid to restore | 1277 |
service credit under sections 145.311, 3307.711, and 3309.261 of | 1278 |
the Revised Code, shall be used in determining the eligibility and | 1279 |
total retirement or disability benefit payable. When total | 1280 |
contributions and service credit are so combined, the following | 1281 |
provisions apply: | 1282 |
| 1283 |
first day of the month immediately following the later of: | 1284 |
| 1285 |
| 1286 |
eligibility for benefits provided under this section; | 1287 |
| 1288 |
member's completed application for retirement. | 1289 |
| 1290 |
day of the month immediately following the later of the following: | 1291 |
| 1292 |
| 1293 |
benefit. | 1294 |
| 1295 |
1296 | |
1297 |
(a) Determine a member's eligibility for a retirement or | 1298 |
disability benefit; | 1299 |
(b) Calculate and pay the member's retirement or disability | 1300 |
benefit | 1301 |
1302 |
(4)(a) Each transferring system | 1303 |
1304 | |
certify | 1305 |
1306 | |
1307 | |
1308 |
| 1309 |
1310 | |
1311 | |
1312 | |
1313 | |
1314 |
| 1315 |
(i) The service credit earned by the member in the | 1316 |
transferring system; | 1317 |
(ii) The beginning and ending dates of the service credit | 1318 |
period covered by the transferring system; | 1319 |
(iii) Any breaks in service by the member, excluding school | 1320 |
breaks; | 1321 |
(iv) If available, a statement listing the member's monthly | 1322 |
contributions and service credit earned, obtained, or purchased in | 1323 |
the transferring system. | 1324 |
(b) The certification under division (B)(4)(a) of this | 1325 |
section may be reviewed by both the transferring system and the | 1326 |
paying system. | 1327 |
(5) In determining the total credit to be used in calculating | 1328 |
a retirement or disability benefit, | 1329 |
1330 | |
by the transferring system, except as follows: | 1331 |
(a) Not more than one year of credit may be certified by the | 1332 |
transferring system for any one "year" as defined in the law of | 1333 |
the transferring system | 1334 |
| 1335 |
the transferring system that is concurrent with any period of | 1336 |
service credit the member earned from the paying system. | 1337 |
(c) The paying system may reduce any credit certified by the | 1338 |
transferring system if the amount certified, when added to the | 1339 |
paying system's service credit for any one "year" as defined in | 1340 |
the law of the paying system, exceeds one year. | 1341 |
(6)(a) The | 1342 |
1343 | |
1344 | |
year of service: | 1345 |
(i) The amount contributed by the member, or, in the case of | 1346 |
service credit purchased by the member, paid by the member, that | 1347 |
is attributable to the year of service; | 1348 |
(ii) An amount equal to the lesser of the employer's | 1349 |
contributions made on behalf of the member to the | 1350 |
transferring system for that year of service less the retention | 1351 |
percentage or the amount that would have been contributed by the | 1352 |
employer for the service had the member been a member of the | 1353 |
public employees retirement system at the time the credit was | 1354 |
earned less the retention percentage; | 1355 |
(iii) Interest compounded annually on the amounts specified | 1356 |
in divisions (B) | 1357 |
lesser of the actuarial assumption rate for that year of the | 1358 |
1359 | |
1360 | |
1361 |
(b) If applicable, the public employees retirement system | 1362 |
shall pay to the | 1363 |
1364 | |
by an employer under section 145.483 of the Revised Code. The | 1365 |
portion shall be paid from the employers' accumulation fund and | 1366 |
shall equal the product obtained by multiplying by two the amount | 1367 |
the member would have contributed during the period the employer | 1368 |
failed to deduct contributions, as described in section 145.483 of | 1369 |
the Revised Code. | 1370 |
| 1371 |
1372 | |
1373 |
| 1374 |
annuity, together with earnings as provided in section 145.62 of | 1375 |
the Revised Code, upon the request of the member, shall be | 1376 |
transferred to the | 1377 |
1378 | |
the | 1379 |
1380 |
| 1381 |
benefit under this section, who accepts employment amenable to | 1382 |
coverage in any state retirement system that participated in the | 1383 |
former member's combined benefit, shall be subject to the | 1384 |
applicable provisions of law governing such re-employment. If a | 1385 |
former member should be paid any amount in a retirement benefit, | 1386 |
to which the former member is not entitled under the applicable | 1387 |
provisions of law governing such re-employment, such amount shall | 1388 |
be recovered by the | 1389 |
1390 | |
1391 | |
paying system's re-employment provisions. | 1392 |
(C) A PERS retirant or other system retirant, as defined in | 1393 |
section 145.38 of the Revised Code, is not eligible to receive any | 1394 |
benefit under this section for service subject to section 145.38 | 1395 |
of the Revised Code. | 1396 |
(D) The retention percentage used in the calculation under | 1397 |
division (B)(6)(a)(ii) of this section shall be reviewed by the | 1398 |
state retirement systems not less than once every five years after | 1399 |
the effective date of this amendment or on request of any of the | 1400 |
systems. If the retirement systems agree, the retention percentage | 1401 |
may be changed if any system's employer contribution rate | 1402 |
increases or decreases or the systems agree that a change is in | 1403 |
the interest of one or more of the systems. | 1404 |
Sec. 145.384. (A) As used in this section, "PERS retirant" | 1405 |
means a PERS retirant who is not subject to division (C) of | 1406 |
section 145.38 of the Revised Code. For purposes of this section, | 1407 |
"PERS retirant" also includes both of the following: | 1408 |
(1) A member who retired under section 145.383 of the Revised | 1409 |
Code; | 1410 |
(2) A retirant whose retirement allowance resumed under | 1411 |
section 145.385 of the Revised Code. | 1412 |
(B)(1) An other system retirant or PERS retirant who has made | 1413 |
contributions under section 145.38 or 145.383 of the Revised Code | 1414 |
or, in the case of a retirant described in division (A)(2) of this | 1415 |
section, section 145.47 of the Revised Code may file an | 1416 |
application with the public employees retirement system to receive | 1417 |
either a benefit, as provided in division (B)(2) of this section, | 1418 |
or payment of the retirant's contributions made under those | 1419 |
sections, as provided in division (H) of this section. | 1420 |
(2) A benefit under this section shall consist of an annuity | 1421 |
having a reserve equal to the amount of the retirant's accumulated | 1422 |
contributions for the period of employment, other than the | 1423 |
contributions excluded pursuant to division (B)(4)(a) or (b) of | 1424 |
section 145.38 of the Revised Code, and an amount of the | 1425 |
employer's contributions determined by the board. | 1426 |
(a) Unless, as described in division (I) of this section, the | 1427 |
application is accompanied by a statement of the spouse's consent | 1428 |
to another form of payment or the board waives the requirement of | 1429 |
spousal consent, a PERS retirant or other system retirant who is | 1430 |
married at the time of application for a benefit under this | 1431 |
section shall receive a monthly annuity under which the actuarial | 1432 |
equivalent of the retirant's single life annuity is paid in a | 1433 |
lesser amount for life and one-half of the lesser amount continues | 1434 |
after the retirant's death to the surviving spouse. | 1435 |
(b) A PERS retirant or other system retirant who is not | 1436 |
subject to division (B)(2)(a) of this section shall elect either | 1437 |
to receive the benefit as a monthly annuity or a lump sum payment | 1438 |
discounted to the present value using a rate of interest | 1439 |
determined by the board. A retirant who elects to receive a | 1440 |
monthly annuity shall select one of the following as the plan of | 1441 |
payment: | 1442 |
(i) The retirant's single life annuity; | 1443 |
(ii) The actuarial equivalent of the retirant's single life | 1444 |
annuity in an equal or lesser amount for life and continuing after | 1445 |
death to a surviving beneficiary designated at the time the plan | 1446 |
of payment is selected. | 1447 |
If a retirant who is eligible to select a plan of payment | 1448 |
under division (B)(2)(b) of this section fails to do so, the | 1449 |
benefit shall be paid as a monthly annuity under the plan of | 1450 |
payment specified in rules adopted by the public employees | 1451 |
retirement board. | 1452 |
(c) Notwithstanding divisions (B)(2)(a) and (b) of this | 1453 |
section, if a monthly annuity would be less than twenty-five | 1454 |
dollars per month, the retirant shall receive a lump sum payment. | 1455 |
(C)(1) The death of a spouse or other designated beneficiary | 1456 |
under a plan of payment described in division (B)(2) of this | 1457 |
section cancels that plan of payment. The PERS retirant or other | 1458 |
system retirant shall receive the equivalent of the retirant's | 1459 |
single life annuity, as determined by the board, effective the | 1460 |
first day of the month following the date of death. | 1461 |
(2) On divorce, annulment, or marriage dissolution, a PERS | 1462 |
retirant or other system retirant receiving a benefit described in | 1463 |
division (B)(2) of this section under which the beneficiary is the | 1464 |
spouse may, with the written consent of the spouse or pursuant to | 1465 |
an order of the court with jurisdiction over the termination of | 1466 |
the marriage, elect to cancel the plan and receive the equivalent | 1467 |
of the retirant's single life annuity as determined by the board. | 1468 |
The election shall be made on a form provided by the board and | 1469 |
shall be effective the month following its receipt by the board. | 1470 |
(D) Following a marriage or remarriage, a PERS retirant or | 1471 |
other system retirant who is receiving a benefit described in | 1472 |
division (B)(2)(b)(i) of this section may elect a new plan of | 1473 |
payment under division (B)(2)(b) of this section based on the | 1474 |
actuarial equivalent of the retirant's single life annuity as | 1475 |
determined by the board. | 1476 |
If the marriage or remarriage occurs on or after June 6, | 1477 |
2005, the election must be made not later than one year after the | 1478 |
date of the marriage or remarriage. | 1479 |
The plan elected under this division shall be effective on | 1480 |
the date of receipt by the board of an application on a form | 1481 |
approved by the board, but any change in the amount of the benefit | 1482 |
shall commence on the first day of the month following the | 1483 |
effective date of the plan. | 1484 |
(E) A benefit payable under division (B)(2) of this section | 1485 |
shall commence on the latest of the following: | 1486 |
(1) The last day for which compensation for all employment | 1487 |
subject to section 145.38, 145.383, or 145.385 of the Revised Code | 1488 |
was paid; | 1489 |
(2) Attainment by the PERS retirant or other system retirant | 1490 |
of age sixty-five; | 1491 |
(3) If the PERS retirant or other system retirant was | 1492 |
previously employed under section 145.38, 145.383, or 145.385 of | 1493 |
the Revised Code and is receiving or previously received a benefit | 1494 |
under this section, completion of a period of twelve months since | 1495 |
the effective date of the last benefit under this section; | 1496 |
(4) Ninety days prior to receipt by the board of the member's | 1497 |
completed application for retirement; | 1498 |
(5) A date specified by the retirant. | 1499 |
(F)(1) If a PERS retirant or other system retirant dies while | 1500 |
employed in employment subject to section 145.38, 145.383, or | 1501 |
145.385 of the Revised Code, a lump sum payment shall be paid to | 1502 |
the retirant's beneficiary under division (G) of this section. The | 1503 |
lump sum shall be calculated in accordance with division (H) of | 1504 |
this section if the retirant was under age sixty-five at the time | 1505 |
of death. It shall be calculated in accordance with division | 1506 |
(B)(2) of this section if the retirant was age sixty-five or older | 1507 |
at the time of death. | 1508 |
(2) If at the time of death a PERS retirant or other system | 1509 |
retirant receiving a monthly annuity under division (B)(2)(b)(i) | 1510 |
of this section has received less than the retirant would have | 1511 |
received as a lump sum payment, the difference between the amount | 1512 |
received and the amount that would have been received as a lump | 1513 |
sum payment shall be paid to the retirant's beneficiary under | 1514 |
division (G) of this section. | 1515 |
(3) If a beneficiary receiving a monthly annuity under | 1516 |
division (B)(2) of this section dies and, at the time of the | 1517 |
beneficiary's death, the total of the amounts paid to the retirant | 1518 |
and beneficiary are less than the amount the retirant would have | 1519 |
received as a lump sum payment, the difference between the total | 1520 |
of the amounts received by the retirant and beneficiary and the | 1521 |
amount that the retirant would have received as a lump sum payment | 1522 |
shall be paid to the beneficiary's estate. | 1523 |
(G) A PERS retirant or other system retirant employed under | 1524 |
section 145.38, 145.383, or 145.385 of the Revised Code may | 1525 |
designate one or more persons as beneficiary to receive any | 1526 |
benefits payable under division (B)(2)(b) of this section due to | 1527 |
death. The designation shall be in writing duly executed on a form | 1528 |
provided by the public employees retirement board, signed by the | 1529 |
PERS retirant or other system retirant, and filed with the board | 1530 |
prior to death. The last designation of a beneficiary revokes all | 1531 |
previous designations. The PERS retirant's or other system | 1532 |
retirant's marriage, divorce, marriage dissolution, legal | 1533 |
separation, withdrawal of account, birth of a child, or adoption | 1534 |
of a child revokes all previous designations. If there is no | 1535 |
designated beneficiary or the beneficiary is not located within | 1536 |
ninety days, the beneficiary | 1537 |
1538 | |
determined in the following order of precedence: | 1539 |
(1) Surviving spouse; | 1540 |
(2) Children, share and share alike; | 1541 |
(3) Parents, share and share alike; | 1542 |
(4) Estate. | 1543 |
If any benefit payable under this section due to the death of | 1544 |
a PERS retirant or other system retirant is not claimed by a | 1545 |
beneficiary within five years after the death, the amount payable | 1546 |
shall be transferred to the income fund and thereafter paid to the | 1547 |
beneficiary or the estate of the PERS retirant or other system | 1548 |
retirant on application to the board. | 1549 |
(H)(1) A PERS retirant or other system retirant who applies | 1550 |
under division (B)(1) of this section for payment of the | 1551 |
retirant's contributions and is unmarried or is married and, | 1552 |
unless the board has waived the requirement of spousal consent, | 1553 |
includes with the application a statement of the spouse's consent | 1554 |
to the payment, shall be paid the contributions made under section | 1555 |
145.38 or 145.383 of the Revised Code or, in the case of a | 1556 |
retirant described in division (A)(2) of this section, section | 1557 |
145.47 of the Revised Code, plus interest as provided in section | 1558 |
145.471 of the Revised Code, if the following conditions are met: | 1559 |
(a) The retirant has not attained sixty-five years of age and | 1560 |
has terminated employment subject to section 145.38, 145.383, or | 1561 |
145.385 of the Revised Code for any cause other than death or the | 1562 |
receipt of a benefit under this section. | 1563 |
(b) Three months have elapsed since the termination of the | 1564 |
retirant's employment subject to section 145.38, 145.383, or | 1565 |
145.385 of the Revised Code, other than employment exempted from | 1566 |
contribution pursuant to section 145.03 of the Revised Code. | 1567 |
(c) The retirant has not returned to public service, other | 1568 |
than service exempted from contribution pursuant to section 145.03 | 1569 |
of the Revised Code, during the three-month period. | 1570 |
(2) Payment of a retirant's contributions cancels the | 1571 |
retirant's right to a benefit under division (B)(2) of this | 1572 |
section. | 1573 |
(I) A statement of a spouse's consent under division (B)(2) | 1574 |
of this section to the form of a benefit or under division (H) of | 1575 |
this section to a payment of contributions is valid only if signed | 1576 |
by the spouse and witnessed by a notary public. The board may | 1577 |
waive the requirement of spousal consent if the spouse is | 1578 |
incapacitated or cannot be located, or for any other reason | 1579 |
specified by the board. Consent or waiver is effective only with | 1580 |
regard to the spouse who is the subject of the consent or waiver. | 1581 |
(J) No amount received under this section shall be included | 1582 |
in determining an additional benefit under section 145.323 of the | 1583 |
Revised Code or any other post-retirement benefit increase. | 1584 |
Sec. 145.391. The public employees retirement board may | 1585 |
establish and maintain a qualified governmental excess benefit | 1586 |
arrangement that meets the requirements of division (m) of section | 1587 |
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 | 1588 |
U.S.C.A. 415, as amended, and any regulations adopted thereunder. | 1589 |
If established, the arrangement shall be a separate portion of the | 1590 |
public employees retirement system and be maintained solely for | 1591 |
the purpose of providing to retired members that part of a benefit | 1592 |
otherwise payable under this chapter that exceeds the limits | 1593 |
established by section 415 of the "Internal Revenue Code of 1986," | 1594 |
as amended. If established, the amounts required to fund the | 1595 |
arrangement shall be included in the employer's contribution | 1596 |
required by sections 145.48 and 145.51 of the Revised Code. | 1597 |
Members participating in an arrangement established under | 1598 |
this section shall not be permitted to elect to defer compensation | 1599 |
to the arrangement. Contributions to and benefits paid under an | 1600 |
arrangement shall not be payable from a trust that is part of the | 1601 |
system unless the trust is maintained solely for the purpose of | 1602 |
providing such benefits. | 1603 |
The board shall adopt rules to administer an arrangement | 1604 |
established under this section. | 1605 |
Sec. 145.40. (A)(1) Subject to the provisions of section | 1606 |
145.57 of the Revised Code and except as provided in | 1607 |
1608 | |
member elects to become exempt from contribution to the public | 1609 |
employees retirement system pursuant to section 145.03 of the | 1610 |
Revised Code or ceases to be a public employee for any cause other | 1611 |
than death, retirement, receipt of a disability benefit, or | 1612 |
current employment in a position in which the member has elected | 1613 |
to participate in an alternative retirement plan under section | 1614 |
3305.05 or 3305.051 of the Revised Code, upon application the | 1615 |
public employees retirement board shall pay the member the | 1616 |
member's accumulated contributions, plus any applicable amount | 1617 |
calculated under section 145.401 of the Revised Code, provided | 1618 |
that both the following apply: | 1619 |
(a) Three months have elapsed since the member's service | 1620 |
subject to this chapter, other than service exempted from | 1621 |
contribution pursuant to section 145.03 of the Revised Code, was | 1622 |
terminated; | 1623 |
(b) The member has not returned to service subject to this | 1624 |
chapter, other than service exempted from contribution pursuant to | 1625 |
section 145.03 of the Revised Code, during that three-month | 1626 |
period. | 1627 |
The payment of such accumulated contributions shall cancel | 1628 |
the total service credit of such member in the public employees | 1629 |
retirement system. | 1630 |
(2) A member described in division (A)(1) of this section who | 1631 |
is married at the time of application for payment and is eligible | 1632 |
for age and service retirement under section 145.32, 145.33, | 1633 |
145.331, or 145.332 of the Revised Code or would be eligible for | 1634 |
age and service retirement under any of those sections but for a | 1635 |
forfeiture ordered under division (A) or (B) of section 2929.192 | 1636 |
of the Revised Code shall submit with the application a written | 1637 |
statement by the member's spouse attesting that the spouse | 1638 |
consents to the payment of the member's accumulated contributions. | 1639 |
Consent shall be valid only if it is signed and witnessed by a | 1640 |
notary public. | 1641 |
The board may waive the requirement of consent if the spouse | 1642 |
is incapacitated or cannot be located, or for any other reason | 1643 |
specified by the board. Consent or waiver is effective only with | 1644 |
regard to the spouse who is the subject of the consent or waiver. | 1645 |
(B) This division applies to any member who is employed in a | 1646 |
position in which the member has made an election under section | 1647 |
3305.05 or 3305.051 of the Revised Code and due to the election | 1648 |
ceases to be a public employee for purposes of that position. | 1649 |
Subject to section 145.57 of the Revised Code, the public | 1650 |
employees retirement system shall do the following: | 1651 |
(1) On receipt of a certified copy of a form evidencing an | 1652 |
election under section 3305.05 or 3305.051 of the Revised Code, | 1653 |
pay to the appropriate provider, in accordance with section | 1654 |
3305.052 of the Revised Code, the amount described in section | 1655 |
3305.052 of the Revised Code; | 1656 |
(2) If a member has accumulated contributions, in addition to | 1657 |
those subject to division (B)(1) of this section, standing to the | 1658 |
credit of the member's individual account and is not otherwise | 1659 |
employed in a position in which the member is considered a public | 1660 |
employee for the purposes of that position, pay, to the provider | 1661 |
the member selected pursuant to section 3305.05 or 3305.051 of the | 1662 |
Revised Code, the member's accumulated contributions. The payment | 1663 |
shall be made on the member's application. | 1664 |
(C) Payment of a member's accumulated contributions under | 1665 |
division (B) of this section cancels the member's total service | 1666 |
credit in the public employees retirement system. A member whose | 1667 |
accumulated contributions are paid to a provider pursuant to | 1668 |
division (B) of this section is forever barred from claiming or | 1669 |
purchasing service credit under the public employees retirement | 1670 |
system for the period of employment attributable to those | 1671 |
contributions. | 1672 |
Sec. 145.402. (A) As used in this section, "other retirement | 1673 |
system" means the state teachers retirement system or the school | 1674 |
employees retirement system. | 1675 |
(B) Except as provided in this section, on application, a | 1676 |
member of the public employees retirement system who is also a | 1677 |
member of one or both of the other retirement systems and has | 1678 |
ceased to be a public employee for the purposes of this chapter | 1679 |
may be paid, in accordance with section 145.40 of the Revised | 1680 |
Code, the member's accumulated contributions to the public | 1681 |
employees retirement system, plus any applicable amount calculated | 1682 |
under section 145.401 of the Revised Code. This payment does not | 1683 |
affect the member's membership in the other retirement systems or | 1684 |
any right the member may have to a benefit or return of | 1685 |
contributions under those systems. | 1686 |
(C) This section does not apply to a member of one of the | 1687 |
other retirement systems whose employment under that system is | 1688 |
with the public employer that was the employer under the public | 1689 |
employees retirement system at the time the member's service | 1690 |
subject to this chapter terminated. | 1691 |
Sec. 145.43. (A) As used in this section and in section | 1692 |
145.45 of the Revised Code: | 1693 |
(1) "Child" means a biological or legally adopted child of a | 1694 |
deceased member. If a court hearing for an interlocutory decree | 1695 |
for adoption was held prior to the member's death, "child" | 1696 |
includes the child who was the subject of the hearing | 1697 |
notwithstanding the fact that the final decree of adoption, | 1698 |
adjudging the surviving spouse as the adoptive parent, is made | 1699 |
subsequent to the member's death. | 1700 |
(2) "Parent" is a parent or legally adoptive parent of a | 1701 |
deceased member. | 1702 |
(3) "Dependent" means a beneficiary who receives one-half of | 1703 |
the beneficiary's support from a member during the twelve months | 1704 |
prior to the member's death. | 1705 |
(4) "Surviving spouse" means an individual who establishes a | 1706 |
valid marriage to a member at the time of the member's death by | 1707 |
marriage certificate or pursuant to division (E) of this section. | 1708 |
(5) "Survivor" means a surviving spouse, child, or parent. | 1709 |
(6) "Accumulated contributions" has the meaning given in | 1710 |
section 145.01 of the Revised Code, except that, notwithstanding | 1711 |
that section, it does not include additional amounts deposited in | 1712 |
the employees' savings fund pursuant to the version of division | 1713 |
(C) of section 145.23 of the Revised Code as it existed | 1714 |
immediately prior to April 6, 2007, or pursuant to section 145.62 | 1715 |
of the Revised Code. | 1716 |
(B) Except as provided in division (C)(1) of section 145.45 | 1717 |
of the Revised Code, should a member die before age and service | 1718 |
retirement, the member's accumulated contributions and any | 1719 |
applicable amount calculated under section 145.401 of the Revised | 1720 |
Code, shall be paid to the person or persons the member has | 1721 |
designated under section 145.431 of the Revised Code. A member may | 1722 |
designate two or more persons as beneficiaries to be paid the | 1723 |
accumulated account in a lump sum. Subject to rules adopted by the | 1724 |
public employees retirement board, a member who designates two or | 1725 |
more persons as beneficiaries shall specify the percentage of the | 1726 |
lump sum that each beneficiary is to be paid. If the member has | 1727 |
not specified the percentages, the lump sum shall be divided | 1728 |
equally among the beneficiaries. | 1729 |
The last designation of any beneficiary revokes all previous | 1730 |
designations. The member's marriage, divorce, marriage | 1731 |
dissolution, legal separation, or withdrawal of account, or the | 1732 |
birth of the member's child, or adoption of a child, shall | 1733 |
constitute an automatic revocation of the member's previous | 1734 |
designation. If a deceased member was also a member of the school | 1735 |
employees retirement system or the state teachers retirement | 1736 |
system, the beneficiary last established among the systems shall | 1737 |
be the sole beneficiary in all the systems. | 1738 |
If the accumulated contributions of a deceased member are not | 1739 |
claimed by a beneficiary or by the estate of the deceased member | 1740 |
within five years after the death, the contributions shall remain | 1741 |
in the employees' savings fund or may be transferred to the income | 1742 |
fund and thereafter shall be paid to the beneficiary or to the | 1743 |
member's estate upon application to the board. The board shall | 1744 |
formulate and adopt the necessary rules governing all designations | 1745 |
of beneficiaries. | 1746 |
(C) Except as provided in division (C)(1) of section 145.45 | 1747 |
of the Revised Code, if a member dies before age and service | 1748 |
retirement and is not survived by a designated beneficiary, the | 1749 |
following shall qualify, with all attendant rights and privileges, | 1750 |
in the following order of precedence, the member's: | 1751 |
(1) Surviving spouse; | 1752 |
(2) Children, share and share alike; | 1753 |
(3) A dependent parent, if that parent takes survivor | 1754 |
benefits under division (B) of section 145.45 of the Revised Code; | 1755 |
(4) Parents, share and share alike; | 1756 |
(5) Estate. | 1757 |
If the beneficiary is deceased or is not located within | 1758 |
ninety days, the beneficiary ceases to qualify for any benefit and | 1759 |
the beneficiary next in order of precedence shall qualify as a | 1760 |
beneficiary. | 1761 |
Any payment made to a beneficiary as determined by the board | 1762 |
shall be a full discharge and release to the board from any future | 1763 |
claims. | 1764 |
(D) Any amount due a retirant or disability benefit recipient | 1765 |
receiving a monthly benefit and unpaid to the retirant or | 1766 |
recipient at death shall be paid to the beneficiary designated | 1767 |
1768 | |
on a form provided by the board, signed by the retirant or | 1769 |
recipient, and filed with the board. If no such designation has | 1770 |
been filed, or if the designated beneficiary is not located within | 1771 |
ninety days, any amounts payable under this chapter due to the | 1772 |
death of the retirant or recipient shall be paid in the following | 1773 |
order of precedence to the retirant's or recipient's: | 1774 |
(1) Surviving spouse; | 1775 |
(2) Children, share and share alike; | 1776 |
(3) Parents, share and share alike; | 1777 |
(4) Estate. | 1778 |
The payment shall be a full discharge and release to the | 1779 |
board from any future claim for the payment. | 1780 |
Any amount due a beneficiary receiving a monthly benefit and | 1781 |
unpaid to the beneficiary at the beneficiary's death shall be paid | 1782 |
to the beneficiary's estate. | 1783 |
(E) If the validity of marriage cannot be established to the | 1784 |
satisfaction of the board for the purpose of disbursing any amount | 1785 |
due under this section or section 145.45 of the Revised Code, the | 1786 |
board may accept a decision rendered by a court having | 1787 |
jurisdiction in the state in which the member was domiciled at the | 1788 |
time of death that the relationship constituted a valid marriage | 1789 |
at the time of death, or the "spouse" would have the same status | 1790 |
as a widow or widower for purposes of sharing the distribution of | 1791 |
the member's intestate personal property. | 1792 |
(F) As used in this division, "recipient" means an individual | 1793 |
who is receiving or may be eligible to receive an allowance or | 1794 |
benefit under this chapter based on the individual's service to a | 1795 |
public employer. | 1796 |
If the death of a member, a recipient, or any individual who | 1797 |
would be eligible to receive an allowance or benefit under this | 1798 |
chapter by virtue of the death of a member or recipient is caused | 1799 |
by one of the following beneficiaries, no amount due under this | 1800 |
chapter to the beneficiary shall be paid to the beneficiary in the | 1801 |
absence of a court order to the contrary filed with the board: | 1802 |
(1) A beneficiary who is convicted of, pleads guilty to, or | 1803 |
is found not guilty by reason of insanity of a violation of or | 1804 |
complicity in the violation of either of the following: | 1805 |
(a) Section 2903.01, 2903.02, or 2903.03 of the Revised Code; | 1806 |
(b) An existing or former law of any other state, the United | 1807 |
States, or a foreign nation that is substantially equivalent to | 1808 |
section 2903.01, 2903.02, or 2903.03 of the Revised Code. | 1809 |
(2) A beneficiary who is indicted for a violation of or | 1810 |
complicity in the violation of the sections or laws described in | 1811 |
division (F)(1)(a) or (b) of this section and is adjudicated | 1812 |
incompetent to stand trial; | 1813 |
(3) A beneficiary who is a juvenile found to be a delinquent | 1814 |
child by reason of committing an act that, if committed by an | 1815 |
adult, would be a violation of or complicity in the violation of | 1816 |
the sections or laws described in division (F)(1)(a) or (b) of | 1817 |
this section. | 1818 |
Sec. 145.431. Designation of a beneficiary for the purposes | 1819 |
of section 145.40 of the Revised Code or | 1820 |
return of contributions to the beneficiary of a member | 1821 |
participating in a PERS defined contribution plan shall be made | 1822 |
under this section. A beneficiary shall be designated in writing | 1823 |
duly executed on a form provided by the public employees | 1824 |
retirement board and signed by the member. A designation under | 1825 |
this section is not valid unless received by the board prior to | 1826 |
the member's death. | 1827 |
A beneficiary designation made under this section applies to | 1828 |
the PERS defined benefit plan or PERS defined contribution plan in | 1829 |
which the member participated or, if the member participated in | 1830 |
both the defined benefit plan and one or more defined contribution | 1831 |
plans, to both the defined benefit plan and the defined | 1832 |
contribution plans. | 1833 |
The last designation of any beneficiary revokes all previous | 1834 |
designations. The member's marriage, divorce, marriage | 1835 |
dissolution, legal separation, or withdrawal of account, or the | 1836 |
birth of the member's child, or adoption of a child, shall | 1837 |
constitute an automatic revocation of the member's previous | 1838 |
designation. | 1839 |
Sec. 145.45. Except as provided in division (C)(1) of this | 1840 |
section, in lieu of accepting the payment of the accumulated | 1841 |
account of a member who dies before service retirement, a | 1842 |
beneficiary, as determined in this section or section 145.43 of | 1843 |
the Revised Code, may elect to forfeit the accumulated | 1844 |
contributions and to substitute certain other benefits under | 1845 |
division (A) or (B) of this section. | 1846 |
(A)(1) If a deceased member was eligible for a service | 1847 |
retirement benefit as provided in section 145.33, 145.331, or | 1848 |
145.332 of the Revised Code, a surviving spouse or other sole | 1849 |
dependent beneficiary may elect to receive a monthly benefit | 1850 |
computed as | 1851 |
1852 | |
the spouse or beneficiary receives one hundred per cent of the | 1853 |
actuarial equivalent of the deceased member's lesser retirement | 1854 |
allowance payable for the member's life, which the member would | 1855 |
have received had the member retired on the last day of the month | 1856 |
of death and had the member at that time selected such | 1857 |
1858 | |
subsequent to the member's death, except that a surviving spouse | 1859 |
who is less than sixty-five years old may defer receipt of such | 1860 |
benefit. Upon receipt, the benefit shall be calculated based upon | 1861 |
the spouse's age at the time of first payment, and shall accrue | 1862 |
regular interest during the time of deferral. | 1863 |
(2) Beginning on a date selected by the public employees | 1864 |
retirement board, which shall be not later than July 1, 2004, a | 1865 |
surviving spouse or other sole dependent beneficiary may elect, in | 1866 |
lieu of a monthly payment under division (A)(1) of this section, a | 1867 |
plan of payment consisting of both of the following: | 1868 |
(a) A lump sum in an amount the surviving spouse or other | 1869 |
sole dependent beneficiary designates that constitutes a portion | 1870 |
of the allowance that would be payable under division (A)(1) of | 1871 |
this section; | 1872 |
(b) The remainder of that allowance in monthly payments. | 1873 |
The total amount paid as a lump sum and a monthly benefit | 1874 |
shall be the actuarial equivalent of the amount that would have | 1875 |
been paid had the lump sum not been selected. | 1876 |
The lump sum amount designated by the surviving spouse or | 1877 |
other sole dependent beneficiary under division (A)(2)(a) of this | 1878 |
section shall be not less than six times and not more than | 1879 |
thirty-six times the monthly amount that would be payable to the | 1880 |
surviving spouse or other sole dependent beneficiary under | 1881 |
division (A)(1) of this section and shall not result in a monthly | 1882 |
payment that is less than fifty per cent of that monthly amount. | 1883 |
(B) If a deceased member had, except as provided in division | 1884 |
(B)(7) of this section, at least one and one-half years of | 1885 |
contributing service credit, with, except as provided in division | 1886 |
(B)(7) of this section, at least one-quarter year of contributing | 1887 |
service credit within the two and one-half years prior to the date | 1888 |
of death, or was receiving at the time of death a disability | 1889 |
benefit as provided in section 145.36, 145.361, or 145.37 of the | 1890 |
Revised Code, qualified survivors who elect to receive monthly | 1891 |
benefits shall receive the greater of the benefits provided in | 1892 |
division (B)(1)(a) or (b) and (4) of this section as allocated in | 1893 |
accordance with division (B)(5) of this section. | 1894 |
(1)(a) Number | Or | 1895 | |||||
of Qualified | Monthly | 1896 | |||||
survivors | Annual Benefit as a Per | Benefit | 1897 | ||||
affecting | Cent of Decedent's Final | shall not be | 1898 | ||||
the benefit | Average Salary | less than | 1899 | ||||
1 | 25% | $250 | 1900 | ||||
2 | 40 | 400 | 1901 | ||||
3 | 50 | 500 | 1902 | ||||
4 | 55 | 500 | 1903 | ||||
5 or more | 60 | 500 | 1904 |
(b) Years of | Annual Benefit as a Per Cent | 1905 | ||
Service | of Member's Final Average | 1906 | ||
Salary | 1907 | |||
20 | 29% | 1908 | ||
21 | 33 | 1909 | ||
22 | 37 | 1910 | ||
23 | 41 | 1911 | ||
24 | 45 | 1912 | ||
25 | 48 | 1913 | ||
26 | 51 | 1914 | ||
27 | 54 | 1915 | ||
28 | 57 | 1916 | ||
29 or more | 60 | 1917 |
(2) Benefits shall begin as qualified survivors meet | 1918 |
eligibility requirements as follows: | 1919 |
(a) A qualified spouse is the surviving spouse of the | 1920 |
deceased member, who is age sixty-two, or regardless of age meets | 1921 |
one of the following qualifications: | 1922 |
(i) Except as provided in division (B)(7) of this section, | 1923 |
the deceased member had ten or more years of Ohio service credit. | 1924 |
(ii) The spouse is caring for a qualified child. | 1925 |
(iii) The spouse is adjudged physically or mentally | 1926 |
incompetent. | 1927 |
A spouse of a member who died prior to August 27, 1970, whose | 1928 |
eligibility was determined at the member's death, and who is | 1929 |
physically or mentally incompetent on or after August 20, 1976, | 1930 |
shall be paid the monthly benefit which that person would | 1931 |
otherwise receive when qualified by age. | 1932 |
(b) A qualified child is any child of the deceased member who | 1933 |
has never been married and to whom one of the following applies: | 1934 |
(i) Is under age eighteen, or under age twenty-two if the | 1935 |
child is attending an institution of learning or training pursuant | 1936 |
to a program designed to complete in each school year the | 1937 |
equivalent of at least two-thirds of the full-time curriculum | 1938 |
requirements of such institution and as further determined by | 1939 |
board policy; | 1940 |
(ii) Regardless of age, is adjudged physically or mentally | 1941 |
incompetent at the time of the member's death. | 1942 |
(c) A qualified parent is a dependent parent aged sixty-five | 1943 |
or older or regardless of age if physically or mentally | 1944 |
incompetent, a dependent parent whose eligibility was determined | 1945 |
by the member's death prior to August 20, 1976, and who is | 1946 |
physically or mentally incompetent on or after August 20, 1976, | 1947 |
shall be paid the monthly benefit for which that person would | 1948 |
otherwise qualify. | 1949 |
(3) "Physically or mentally incompetent" as used in this | 1950 |
section may be determined by a court of jurisdiction, or by a | 1951 |
physician appointed by the retirement board. Incapability of | 1952 |
making a living because of a physically or mentally disabling | 1953 |
condition shall meet the qualifications of this division. | 1954 |
(4) Benefits to a qualified survivor shall terminate upon | 1955 |
ceasing to meet eligibility requirements as provided in this | 1956 |
division, a first marriage, abandonment, adoption, or during | 1957 |
active military service. Benefits to a deceased member's surviving | 1958 |
spouse that were terminated under a former version of this section | 1959 |
that required termination due to remarriage and were not resumed | 1960 |
prior to September 16, 1998, shall resume on the first day of the | 1961 |
month immediately following receipt by the board of an application | 1962 |
on a form provided by the board. | 1963 |
Upon the death of any subsequent spouse who was a member of | 1964 |
the public employees retirement system, state teachers retirement | 1965 |
system, or school employees retirement system, the surviving | 1966 |
spouse of such member may elect to continue receiving benefits | 1967 |
under this division, or to receive survivor's benefits, based upon | 1968 |
the subsequent spouse's membership in one or more of the systems, | 1969 |
for which such surviving spouse is eligible under this section or | 1970 |
section 3307.66 or 3309.45 of the Revised Code. If the surviving | 1971 |
spouse elects to continue receiving benefits under this division, | 1972 |
such election shall not preclude the payment of benefits under | 1973 |
this division to any other qualified survivor. | 1974 |
Benefits shall begin or resume on the first day of the month | 1975 |
following the attainment of eligibility and shall terminate on the | 1976 |
first day of the month following loss of eligibility. | 1977 |
(5)(a) If a benefit is payable under division (B)(1)(a) of | 1978 |
this section, benefits to a qualified spouse shall be paid in the | 1979 |
amount determined for the first qualifying survivor in division | 1980 |
(B)(1)(a) of this section. All other qualifying survivors shall | 1981 |
share equally in the benefit or remaining portion thereof. | 1982 |
(b) All qualifying survivors shall share equally in a benefit | 1983 |
payable under division (B)(1)(b) of this section, except that if | 1984 |
there is a surviving spouse, the surviving spouse shall receive | 1985 |
not less than the amount determined for the first qualifying | 1986 |
survivor in division (B)(1)(a) of this section. | 1987 |
(6) The beneficiary of a member who is also a member of the | 1988 |
state teachers retirement system or of the school employees | 1989 |
retirement system, must forfeit the member's accumulated | 1990 |
contributions in those systems and in the public employees | 1991 |
retirement system, if the beneficiary takes a survivor benefit. | 1992 |
Such benefit shall be exclusively governed by section 145.37 of | 1993 |
the Revised Code. | 1994 |
(7) The following restrictions do not apply if the deceased | 1995 |
member was contributing toward benefits under section 145.332 of | 1996 |
the Revised Code at the time of death: | 1997 |
(a) That the deceased member have had at least one and | 1998 |
one-half years of contributing service credit, with at least | 1999 |
one-quarter year of contributing service within the two and | 2000 |
one-half years prior to the date of death; | 2001 |
(b) If the deceased member was killed in the line of duty, | 2002 |
that the deceased member have had ten or more years of Ohio | 2003 |
service credit as described in division (B)(2)(a)(i) of this | 2004 |
section. | 2005 |
For the purposes of division (B)(7)(b) of this section, | 2006 |
"killed in the line of duty," means either that death occurred in | 2007 |
the line of duty or that death occurred as a result of injury | 2008 |
sustained in the line of duty. | 2009 |
(C)(1) Regardless of whether the member is survived by a | 2010 |
spouse or designated beneficiary, if the public employees | 2011 |
retirement system receives notice that a deceased member described | 2012 |
in division (A) or (B) of this section has one or more qualified | 2013 |
children, all persons who are qualified survivors under division | 2014 |
(B) of this section shall receive monthly benefits as provided in | 2015 |
division (B) of this section. | 2016 |
If, after determining the monthly benefits to be paid under | 2017 |
division (B) of this section, the system receives notice that | 2018 |
there is a qualified survivor who was not considered when the | 2019 |
determination was made, the system shall, notwithstanding section | 2020 |
145.561 of the Revised Code, recalculate the monthly benefits with | 2021 |
that qualified survivor included, even if the benefits to | 2022 |
qualified survivors already receiving benefits are reduced as a | 2023 |
result. The benefits shall be calculated as if the qualified | 2024 |
survivor who is the subject of the notice became eligible on the | 2025 |
date the notice was received and shall be paid to qualified | 2026 |
survivors effective on the first day of the first month following | 2027 |
the system's receipt of the notice. | 2028 |
If the retirement system did not receive notice that a | 2029 |
deceased member has one or more qualified children prior to making | 2030 |
payment under section 145.43 of the Revised Code to a beneficiary | 2031 |
as determined by the retirement system, the payment is a full | 2032 |
discharge and release of the system from any future claims under | 2033 |
this section or section 145.43 of the Revised Code. | 2034 |
(2) If benefits under division (C)(1) of this section to all | 2035 |
persons, or to all persons other than a surviving spouse or other | 2036 |
sole beneficiary, terminate, there are no children under the age | 2037 |
of twenty-two years, and the surviving spouse or beneficiary | 2038 |
qualifies for benefits under division (A) of this section, the | 2039 |
surviving spouse or beneficiary may elect to receive benefits | 2040 |
under division (A) of this section. The benefits shall be | 2041 |
effective on the first day of the month immediately following the | 2042 |
termination. | 2043 |
(D) The final average salary used in the calculation of a | 2044 |
benefit payable pursuant to division (A) or (B) of this section to | 2045 |
a survivor or beneficiary of a disability benefit recipient shall | 2046 |
be adjusted for each year between the disability benefit's | 2047 |
effective date and the recipient's date of death by the lesser of | 2048 |
three per cent or the actual average percentage increase in the | 2049 |
consumer price index prepared by the United States bureau of labor | 2050 |
statistics (U.S. city average for urban wage earners and clerical | 2051 |
workers: "all items 1982-84=100"). | 2052 |
(E) If the survivor benefits due and paid under this section | 2053 |
are in a total amount less than the member's accumulated account | 2054 |
that was transferred from the public employees' savings fund to | 2055 |
the survivors' benefit fund, then the difference between the total | 2056 |
amount of the benefits paid shall be paid to the beneficiary under | 2057 |
section 145.43 of the Revised Code. | 2058 |
Sec. 145.46. (A) A retirement allowance calculated under | 2059 |
section 145.33, 145.331, or 145.332 of the Revised Code shall be | 2060 |
paid as provided in this section. | 2061 |
Unless the member is required by division (C) of this section | 2062 |
to select a specified plan of payment, a member may elect a plan | 2063 |
of payment as provided in division (B)(1), (2), or (3) of this | 2064 |
section. An election shall be made at the time the member makes | 2065 |
application for retirement and on a form provided by the public | 2066 |
employees retirement board. A plan of payment elected under this | 2067 |
section shall be effective only if approved by the board, which | 2068 |
shall approve it only if it is certified by an actuary engaged by | 2069 |
the board to be the actuarial equivalent of the retirement | 2070 |
allowance calculated under section 145.33, 145.331, or 145.332 of | 2071 |
the Revised Code. | 2072 |
(B) The following plans of payment shall be offered by the | 2073 |
public employees retirement system: | 2074 |
(1) "Joint-life plan," an allowance that consists of the | 2075 |
actuarial equivalent of the member's retirement allowance | 2076 |
determined under section 145.33, 145.331, or 145.332 of the | 2077 |
Revised Code in a lesser amount payable for life and one-half or | 2078 |
some other portion equal to ten per cent or more of the allowance | 2079 |
continuing after death to the member's designated beneficiary for | 2080 |
the beneficiary's life. The beneficiary shall be nominated by | 2081 |
written designation filed with the retirement board. The amount | 2082 |
payable to the beneficiary shall not exceed the amount payable to | 2083 |
the member. | 2084 |
(2) "Single-life plan," the member's retirement allowance | 2085 |
determined under section 145.33, 145.331, or 145.332 of the | 2086 |
Revised Code; | 2087 |
(3) "Multiple-life plan," an allowance that consists of the | 2088 |
actuarial equivalent of the member's retirement allowance | 2089 |
determined under section 145.33, 145.331, or 145.332 of the | 2090 |
Revised Code in a lesser amount payable to the retirant for life | 2091 |
and some portion of the lesser amount continuing after death to | 2092 |
two, three, or four surviving beneficiaries designated at the time | 2093 |
of the member's retirement. Unless required under division (C) of | 2094 |
this section, no portion allocated under this plan of payment | 2095 |
shall be less than ten per cent. The total of the portions | 2096 |
allocated shall not exceed one hundred per cent of the member's | 2097 |
lesser allowance. | 2098 |
(C) A member shall select a plan of payment as follows: | 2099 |
(1) Subject to division (C)(2) of this section, if the member | 2100 |
is married at the time of retirement, the member shall select a | 2101 |
joint-life plan and receive a plan of payment that consists of the | 2102 |
actuarial equivalent of the member's retirement allowance | 2103 |
determined under section 145.33, 145.331, or 145.332 of the | 2104 |
Revised Code in a lesser amount payable for life and one-half of | 2105 |
such allowance continuing after death to the member's surviving | 2106 |
spouse for the life of the spouse. A married member is not | 2107 |
required to select this plan of payment if the member's spouse | 2108 |
consents in writing to the member's election of a plan of payment | 2109 |
other than described in this division or the board waives the | 2110 |
requirement that the spouse consent; | 2111 |
(2) If prior to the effective date of the member's | 2112 |
retirement, the public employees retirement board receives a copy | 2113 |
of a court order issued under section 3105.171 or 3105.65 of the | 2114 |
Revised Code or the laws of another state regarding division of | 2115 |
marital property the board shall accept the member's election of a | 2116 |
plan of payment under this section only if the member complies | 2117 |
with both of the following: | 2118 |
(a) The member elects a plan of payment that is in accordance | 2119 |
with the order. | 2120 |
(b) If the member is married, the member elects a | 2121 |
multiple-life plan and designates the member's current spouse as a | 2122 |
beneficiary under that plan unless that spouse consents in writing | 2123 |
to not being designated a beneficiary under any plan of payment or | 2124 |
the board waives the requirement that the current spouse consent. | 2125 |
(D) An application for retirement shall include an | 2126 |
explanation of all of the following: | 2127 |
(1) That, if the member is married, unless the spouse | 2128 |
consents to another plan of payment or there is a court order | 2129 |
dividing marital property issued under section 3105.171 or 3105.65 | 2130 |
of the Revised Code or the laws of another state regarding the | 2131 |
division of marital property that provides for payment in a | 2132 |
specified amount, the member's retirement allowance will be paid | 2133 |
under a joint-life plan and consist of the actuarial equivalent of | 2134 |
the member's retirement allowance in a lesser amount payable for | 2135 |
life and one-half of the allowance continuing after death to the | 2136 |
surviving spouse for the life of the spouse; | 2137 |
(2) A description of the alternative plans of payment, | 2138 |
including all plans described in division (B) of this section, | 2139 |
available with the consent of the spouse; | 2140 |
(3) That the spouse may consent to another plan of payment | 2141 |
and the procedure for giving consent; | 2142 |
(4) That consent is irrevocable once notice of consent is | 2143 |
filed with the board. | 2144 |
Consent shall be valid only if it is signed, in writing, and | 2145 |
witnessed by a notary public. The board may waive the requirement | 2146 |
of consent if the spouse is incapacitated or cannot be located or | 2147 |
for any other reason specified by the board. Consent or waiver is | 2148 |
effective only with regard to the spouse who is the subject of the | 2149 |
consent or waiver. | 2150 |
(E)(1) Beginning on a date selected by the retirement board, | 2151 |
which shall be not later than July 1, 2004, a member may elect to | 2152 |
receive a retirement allowance under a plan of payment consisting | 2153 |
of both a lump sum in an amount the member designates that | 2154 |
constitutes a portion of the member's retirement allowance under a | 2155 |
plan described in division (B) of this section and the remainder | 2156 |
as a monthly allowance under that plan. | 2157 |
The total amount paid as a lump sum and a monthly benefit | 2158 |
shall be the actuarial equivalent of the amount that would have | 2159 |
been paid had the lump sum not been selected. | 2160 |
(2) The lump sum designated by a member shall be not less | 2161 |
than six times and not more than thirty-six times the monthly | 2162 |
amount that would be payable to the member under the plan of | 2163 |
payment elected under division (B) of this section had the lump | 2164 |
sum not been elected and shall not result in a monthly allowance | 2165 |
that is less than fifty per cent of that monthly amount. | 2166 |
(F) If the retirement allowances, as a single life annuity or | 2167 |
payment plan as provided in this section, due and paid are in a | 2168 |
total amount less than (1) the accumulated contributions, and (2) | 2169 |
other deposits made by the member as provided by this chapter, | 2170 |
standing to the credit of the member at the time of retirement, | 2171 |
then the difference between the total amount of the allowances | 2172 |
paid and the accumulated contributions and other deposits shall be | 2173 |
paid to the beneficiary provided under division (D) of section | 2174 |
145.43 of the Revised Code. | 2175 |
(G)(1) The death of a spouse or any designated beneficiary | 2176 |
following retirement shall cancel the portion of the plan of | 2177 |
payment providing continuing lifetime benefits to the deceased | 2178 |
spouse or deceased designated beneficiary. The retirant shall | 2179 |
receive the actuarial equivalent of the retirant's single lifetime | 2180 |
benefit, as determined by the board, based on the number of | 2181 |
remaining beneficiaries, with no change in the amount payable to | 2182 |
any remaining beneficiary. The change shall be effective the month | 2183 |
following the date of death. | 2184 |
(2) On divorce, annulment, or marriage dissolution, a | 2185 |
retirant receiving a retirement allowance under a plan that | 2186 |
provides for continuation of all or part of the allowance after | 2187 |
death for the lifetime of the retirant's surviving spouse may, | 2188 |
with the written consent of the spouse or pursuant to an order of | 2189 |
the court with jurisdiction over the termination of the marriage, | 2190 |
elect to cancel the portion of the plan providing continuing | 2191 |
lifetime benefits to that spouse. The retirant shall receive the | 2192 |
actuarial equivalent of the retirant's single lifetime benefit as | 2193 |
determined by the retirement board based on the number of | 2194 |
remaining beneficiaries, with no change in amount payable to any | 2195 |
remaining beneficiary. The election shall be made on a form | 2196 |
provided by the board and shall be effective the month following | 2197 |
its receipt by the board. | 2198 |
(H)(1) Following a marriage or remarriage, both of the | 2199 |
following apply: | 2200 |
(a) A retirant who is receiving the retirant's retirement | 2201 |
allowance under a single-life plan may elect a new plan of payment | 2202 |
under division (B)(1) | 2203 |
actuarial equivalent of the retirant's single lifetime benefit as | 2204 |
determined by the board. | 2205 |
(b) A retirant who is receiving a retirement allowance | 2206 |
pursuant to a plan of payment providing for payment to a former | 2207 |
spouse pursuant to a court order described in division (C)(2) of | 2208 |
this section may elect a new plan of payment in the form of a | 2209 |
multiple-life plan based on the actuarial equivalent of the | 2210 |
retirant's single lifetime retirement allowance as determined by | 2211 |
the board if the new plan of payment elected does not reduce the | 2212 |
payment to the former spouse. | 2213 |
(2) If the marriage or remarriage occurs on or after June 6, | 2214 |
2005, the election must be made not later than one year after the | 2215 |
date of the marriage or remarriage. | 2216 |
The plan elected under this division shall become effective | 2217 |
on the date of receipt by the board of an application on a form | 2218 |
approved by the board, but any change in the amount of the | 2219 |
retirement allowance shall commence on the first day of the month | 2220 |
following the effective date of the plan. | 2221 |
(I) Any person who, prior to July 24, 1990, selected an | 2222 |
optional plan of payment at retirement that provided for a return | 2223 |
to the single life benefit after the designated beneficiary's | 2224 |
death shall have the retirant's benefit adjusted to the optional | 2225 |
plan equivalent without such provision. | 2226 |
(J) A retirant's receipt of the first month's retirement | 2227 |
allowance constitutes the retirant's final acceptance of the plan | 2228 |
of payment and may be changed only as provided in this chapter. | 2229 |
Sec. 145.563. Notwithstanding section 145.561 of the Revised | 2230 |
Code: | 2231 |
(A) The public employees retirement system may adjust an | 2232 |
allowance or benefit payable under this chapter if an error | 2233 |
occurred in calculation of the allowance or benefit; | 2234 |
(B) If any person who is a member, former member, | 2235 |
contributor, former contributor, retirant, beneficiary, or | 2236 |
alternate payee, as defined in section 3105.80 of the Revised | 2237 |
Code, is paid any benefit or payment by the public employees | 2238 |
retirement system, including any payment made to a third party on | 2239 |
the person's behalf, to which the person is not entitled, the | 2240 |
benefit or payment shall be repaid to the retirement system by the | 2241 |
person or third party. | 2242 |
include a penalty or interest on the amount of the benefit or | 2243 |
payment, as specified in rules adopted by the public employees | 2244 |
retirement board. The rules shall specify the method for | 2245 |
calculating a penalty or interest and the conditions under which a | 2246 |
penalty or interest may be assessed. | 2247 |
If the person or third party fails to make the repayment, the | 2248 |
retirement system shall withhold the amount or a portion of the | 2249 |
amount due from any benefit or payment due the person or the | 2250 |
person's beneficiary under this chapter, or may collect the amount | 2251 |
in any other manner provided by law. | 2252 |
Sec. 145.58. (A) The public employees retirement board shall | 2253 |
adopt rules establishing eligibility for any coverage provided | 2254 |
under this section. The rules shall base eligibility on years and | 2255 |
types of service credit earned by members. Eligibility | 2256 |
determinations shall be made in accordance with the rules, except | 2257 |
that an individual who, as a result of making a false statement in | 2258 |
an attempt to secure a benefit under this section, is convicted of | 2259 |
violating section 2921.13 of the Revised Code is ineligible for | 2260 |
coverage. | 2261 |
(B) The board may enter into agreements with insurance | 2262 |
companies, health insuring corporations, or government agencies | 2263 |
authorized to do business in the state for issuance of a policy or | 2264 |
contract of health, medical, hospital, or surgical | 2265 |
coverage, or any combination thereof, for eligible individuals | 2266 |
receiving age and service retirement or a disability or survivor | 2267 |
benefit subscribing to the plan, or for PERS retirants employed | 2268 |
under section 145.38 of the Revised Code, for coverage | 2269 |
in accordance with division | 2270 |
Revised Code. Notwithstanding any other provision of this chapter, | 2271 |
the policy or contract may also include coverage for any eligible | 2272 |
individual's spouse and dependent children and for any of the | 2273 |
eligible individual's sponsored dependents as the board determines | 2274 |
appropriate. If all or any portion of the policy or contract | 2275 |
premium is to be paid by any individual receiving age and service | 2276 |
retirement or a disability or survivor benefit, the individual | 2277 |
shall, by written authorization, instruct the board to deduct the | 2278 |
premium agreed to be paid by the individual to the company, | 2279 |
corporation, or agency. | 2280 |
The board may contract for coverage on the basis of part or | 2281 |
all of the cost of the coverage to be paid from appropriate funds | 2282 |
of the public employees retirement system. The cost paid from the | 2283 |
funds of the system shall be included in the employer's | 2284 |
contribution rate provided by sections 145.48 and 145.51 of the | 2285 |
Revised Code. The board may by rule provide coverage to | 2286 |
individuals who are not eligible under the rules adopted under | 2287 |
division (A) of this section if the coverage is provided at no | 2288 |
cost to the retirement system. The board shall not pay or | 2289 |
reimburse the cost for coverage under this section or section | 2290 |
145.584 of the Revised Code for any such individual. | 2291 |
The board may provide for self-insurance of risk or level of | 2292 |
risk as set forth in the contract with the companies, | 2293 |
corporations, or agencies, and may provide through the | 2294 |
self-insurance method specific | 2295 |
rules of the board. | 2296 |
(C) The board shall, beginning the month following receipt of | 2297 |
satisfactory evidence of the payment for coverage, pay monthly to | 2298 |
each recipient of service retirement, or a disability or survivor | 2299 |
benefit under the public employees retirement system who is | 2300 |
eligible for coverage under part B of the medicare program | 2301 |
established under Title XVIII of "The Social Security Act | 2302 |
Amendments of 1965," 79 Stat. 301 (1965), 42 U.S.C.A. 1395j, as | 2303 |
amended, an amount determined by the board for such coverage, | 2304 |
except that the board shall make no such payment to any individual | 2305 |
who is not eligible for coverage under the rules adopted under | 2306 |
division (A) of this section or pay an amount that exceeds the | 2307 |
amount paid by the recipient for the coverage. | 2308 |
At the request of the board, the recipient shall certify to | 2309 |
the retirement system the amount paid by the recipient for | 2310 |
coverage described in this division. | 2311 |
(D) The board shall establish by rule requirements for the | 2312 |
coordination of any coverage | 2313 |
under this section or section 145.584 of the Revised Code with any | 2314 |
similar coverage | 2315 |
same individual by the Ohio police and fire pension fund, state | 2316 |
teachers retirement system, school employees retirement system, or | 2317 |
state highway patrol retirement system. | 2318 |
(E) The board shall make all other necessary rules pursuant | 2319 |
to the purpose and intent of this section. | 2320 |
Sec. 145.581. (A) As used in this section: | 2321 |
(1) "Long-term care insurance" has the same meaning as in | 2322 |
section 3923.41 of the Revised Code. | 2323 |
(2) "Retirement systems" means the public employees | 2324 |
retirement system, the Ohio police and fire pension fund, the | 2325 |
state teachers retirement system, the school employees retirement | 2326 |
system, and the state highway patrol retirement system. | 2327 |
(B) The public employees retirement board | 2328 |
a long-term care insurance program consisting of the programs | 2329 |
authorized by divisions (C) and (D) of this section. Such program | 2330 |
may be established independently or jointly with one or more of | 2331 |
the other retirement systems. If the program is established | 2332 |
jointly, the board shall adopt rules in accordance with section | 2333 |
111.15 of the Revised Code to establish the terms and conditions | 2334 |
of such joint participation. | 2335 |
(C) The board | 2336 |
makes long-term care insurance available to any person who | 2337 |
participated in a policy of long-term care insurance for which the | 2338 |
state or a political subdivision contracted under section 124.84 | 2339 |
or 124.841 of the Revised Code and is the recipient of a pension, | 2340 |
benefit, or allowance from the system. To implement the program | 2341 |
under this division, the board, subject to division (E) of this | 2342 |
section, may enter into an agreement with the insurance company, | 2343 |
health insuring corporation, or government agency that provided | 2344 |
the insurance. The board shall, under any such agreement, deduct | 2345 |
the full premium charged from the person's benefit, pension, or | 2346 |
allowance notwithstanding any employer agreement to the contrary. | 2347 |
Any long-term care insurance policy entered into under this | 2348 |
division is subject to division (C) of section 124.84 of the | 2349 |
Revised Code. | 2350 |
(D)(1) The board, subject to division (E) of this section, | 2351 |
2352 | |
pension, benefit, or allowance from the system who is not eligible | 2353 |
for such insurance under division (C) of this section may | 2354 |
participate in a contract for long-term care insurance. | 2355 |
Participation may include the recipient's dependents and family | 2356 |
members. | 2357 |
(2) The board | 2358 |
section 111.15 of the Revised Code governing the program. | 2359 |
rules adopted by the board shall establish methods of payment for | 2360 |
participation under this section, which may include deduction of | 2361 |
the full premium charged from a recipient's pension, benefit, or | 2362 |
allowance, or any other method of payment considered appropriate | 2363 |
by the board. | 2364 |
(E) Prior to entering into any agreement or contract with an | 2365 |
insurance company or health insuring corporation for the purchase | 2366 |
of, or participation in, a long-term care insurance policy under | 2367 |
this section, the board shall request the superintendent of | 2368 |
insurance to certify the financial condition of the company or | 2369 |
corporation. The board shall not enter into the agreement or | 2370 |
contract if, according to that certification, the company or | 2371 |
corporation is insolvent, is determined by the superintendent to | 2372 |
be potentially unable to fulfill its contractual obligations, or | 2373 |
is placed under an order of rehabilitation or conservation by a | 2374 |
court of competent jurisdiction or under an order of supervision | 2375 |
by the superintendent. | 2376 |
Sec. 145.584. (A) Except as otherwise provided in division | 2377 |
(B) of this section, the board of the public employees retirement | 2378 |
system shall make available to each retirant or disability benefit | 2379 |
recipient receiving a monthly allowance or benefit on or after | 2380 |
January 1, 1968, who has attained the age of sixty-five years, and | 2381 |
who is not eligible to receive hospital insurance benefits under | 2382 |
the federal old age, survivors, and disability insurance program | 2383 |
without payment of premiums,
| 2384 |
(1) Hospital insurance coverage substantially equivalent to | 2385 |
the federal hospital insurance benefits, Social Security | 2386 |
Amendments of 1965, 79 Stat. 291, 42 U.S.C.A. 1395c, as amended; | 2387 |
(2) An amount, determined by the board, to reimburse the | 2388 |
retirant or disability benefit recipient for payment of premiums | 2389 |
for federal hospital insurance benefits described in this | 2390 |
division, which amount shall not exceed the premiums paid. | 2391 |
This coverage or amount shall also be made available to the | 2392 |
spouse, widow, or widower of such retirant or disability benefit | 2393 |
recipient provided such spouse, widow, or widower has attained age | 2394 |
sixty-five and is not eligible to receive hospital insurance | 2395 |
benefits under the federal old age, survivors, and disability | 2396 |
insurance program without payment of premiums. The widow or | 2397 |
widower of a retirant or disability benefit recipient shall be | 2398 |
eligible for such coverage or amount only if he or she is the | 2399 |
recipient of a monthly allowance or benefit from this system. A | 2400 |
portion of the cost of the premium or amount for the spouse may be | 2401 |
paid from the appropriate funds of the | 2402 |
system. The remainder of the cost shall be paid by the recipient | 2403 |
of the allowance or benefit. | 2404 |
The cost of such coverage or amount, paid from the funds of | 2405 |
the system, shall be included in the employer's rate provided by | 2406 |
section 145.48 of the Revised Code. The retirement board is | 2407 |
authorized to make all necessary rules pursuant to the purpose and | 2408 |
intent of this section, and | 2409 |
as provided in section 145.58 of the Revised Code. | 2410 |
At the request of the board, the recipient of reimbursement | 2411 |
under this section shall certify to the retirement system the | 2412 |
premium paid for the federal insurance benefits described in | 2413 |
division (A) of this section. Payment of the amount described in | 2414 |
division (A)(2) of this section shall begin for the first month | 2415 |
that the recipient is participating in both the federal hospital | 2416 |
insurance benefits and a health care arrangement offered by the | 2417 |
system. | 2418 |
(B) The board need not make the hospital insurance coverage | 2419 |
or amount described in division (A) of this section available to | 2420 |
any person for whom it is prohibited by section 145.58 of the | 2421 |
Revised Code from paying or reimbursing the premium cost of such | 2422 |
insurance. | 2423 |
Sec. 145.63. (A) Deposits under section 145.62 of the Revised | 2424 |
Code, together with earnings, shall be refunded under whichever of | 2425 |
the following circumstances applies: | 2426 |
(1) On withdrawal of accumulated contributions as provided in | 2427 |
sections 145.40 and 145.43 of the Revised Code or payment of a | 2428 |
lump sum under section 145.384 of the Revised Code; | 2429 |
(2) On the death of a contributor prior to retirement; | 2430 |
(3) In the case of a contributor participating in the PERS | 2431 |
defined benefit plan, on application of the contributor prior to | 2432 |
attaining eligibility for age and service retirement; | 2433 |
(4) In the case of a contributor under section 145.38 or | 2434 |
145.383 of the Revised Code, on application of the contributor | 2435 |
prior to attaining eligibility for a benefit under section 145.384 | 2436 |
of the Revised Code; | 2437 |
(5) In the case of a contributor who has attained eligibility | 2438 |
for an age and service retirement benefit or a benefit under | 2439 |
section 145.384 of the Revised Code and is not married, on | 2440 |
application; | 2441 |
(6) In the case of a contributor who has attained eligibility | 2442 |
for an age and service retirement benefit or a benefit under | 2443 |
section 145.384 of the Revised Code and is married, on application | 2444 |
if the application is accompanied by a statement of the spouse's | 2445 |
consent to the refund or the public employees retirement board | 2446 |
waives the requirement that the spouse consent; | 2447 |
(7) In the case of a contributor who has attained eligibility | 2448 |
for an age and service retirement benefit as a consequence of | 2449 |
section 145.37 of the Revised Code and will receive a retirement | 2450 |
or disability benefit from the state teachers retirement system or | 2451 |
school employees retirement system but has not requested a | 2452 |
transfer of funds to the other retirement system under division | 2453 |
(B) | 2454 |
the public employees retirement system pays to the other | 2455 |
retirement system the amount required under division (B) | 2456 |
of that section; | 2457 |
(8) In the case of a disability benefit recipient under | 2458 |
section 145.36 of the Revised Code who is not eligible for an age | 2459 |
and service retirement allowance, on the effective date of | 2460 |
disability retirement. | 2461 |
(B) The consent of a spouse to a refund is valid only if it | 2462 |
is in writing, signed, and witnessed by a notary public. | 2463 |
The board may waive the requirement of consent if the spouse | 2464 |
is incapacitated or cannot be located or for any other reason | 2465 |
specified by the board. Consent or waiver is effective only with | 2466 |
regard to the spouse who is the subject of the consent or waiver. | 2467 |
Sec. 145.64. (A) As used in this section, "joint-life plan," | 2468 |
"single-life plan," and "multiple-life plan" have the same | 2469 |
meanings as in division (B) of section 145.46 of the Revised Code. | 2470 |
(B) A contributor who has not received a refund of amounts | 2471 |
deposited under section 145.62 or the version of division (C) of | 2472 |
section 145.23 of the Revised Code as it existed immediately prior | 2473 |
to April 6, 2007, may file an application with the public | 2474 |
employees retirement system for a benefit under this section. | 2475 |
Except as provided in section 145.62 of the Revised Code, the | 2476 |
benefit shall consist of an annuity that shall be paid as | 2477 |
described in division (B) of section 145.46 of the Revised Code. | 2478 |
The application must be filed prior to receipt of an age and | 2479 |
service retirement benefit from the retirement system or, in the | 2480 |
case of a contributor under section 145.38 or 145.383 of the | 2481 |
Revised Code, a benefit under section 145.384 of the Revised Code. | 2482 |
A contributor who fails to file an application for a benefit under | 2483 |
this section prior to receipt of an age and service retirement | 2484 |
benefit or a benefit under section 145.384 of the Revised Code | 2485 |
shall be eligible only for a refund under section 145.63 of the | 2486 |
Revised Code. | 2487 |
(1) Except as provided in division (B)(2) of this section, a | 2488 |
contributor who is married at the time of application for a | 2489 |
benefit under this section shall receive the benefit as a monthly | 2490 |
annuity under a joint-life plan. | 2491 |
(2) A contributor may receive a benefit under this section | 2492 |
under a plan of payment other than a joint-life plan if one of the | 2493 |
following is the case: | 2494 |
(a) The contributor is unmarried; | 2495 |
(b) The benefit application is accompanied by a statement of | 2496 |
the spouse's consent to another plan of payment or the public | 2497 |
employees retirement board waives the requirement that the spouse | 2498 |
consent; | 2499 |
(c) A plan of payment providing for payment in a specified | 2500 |
portion of the benefit continuing after the member's death to a | 2501 |
former spouse is required by a court order issued under section | 2502 |
3105.171 or 3105.65 of the Revised Code or the laws of another | 2503 |
state regarding division of marital property prior to the | 2504 |
effective date of the contributor's benefit application. | 2505 |
(3) If a member is subject to division (B)(2)(c) of this | 2506 |
section and the board has received a copy of the order described | 2507 |
in that division, the board shall accept the member's election of | 2508 |
a plan of payment under this section only if the member complies | 2509 |
with both of the following: | 2510 |
(a) The member elects a plan of payment that is in accordance | 2511 |
with the order described in division (B)(2)(c) of this section. | 2512 |
(b) If the member is married, the member elects a | 2513 |
multiple-life plan and designates the member's current spouse as a | 2514 |
beneficiary under that plan unless that spouse consents in writing | 2515 |
to not being designated a beneficiary or the board waives the | 2516 |
requirement that the current spouse consent. | 2517 |
(4) The contributor shall designate the beneficiary or | 2518 |
beneficiaries under a plan of payment in writing at the time the | 2519 |
plan is selected. | 2520 |
(5) A plan of payment, other than a single-life plan, shall | 2521 |
be effective only if it is certified by an actuary engaged by the | 2522 |
board to be the actuarial equivalent of the contributor's | 2523 |
single-life plan annuity and is approved by the board. | 2524 |
(6) A contributor who is eligible to select a plan of payment | 2525 |
under this section but fails to do so shall receive a monthly | 2526 |
annuity under the plan of payment specified in rules adopted by | 2527 |
the board. | 2528 |
(C) An annuity shall be paid monthly and consist of an amount | 2529 |
determined by the public employees retirement system or the | 2530 |
actuarial equivalent of that amount paid as described in this | 2531 |
section. | 2532 |
Payments shall begin on whichever of the following applies: | 2533 |
(1) Except as provided in this division, the later of the | 2534 |
effective date of the contributor's age and service retirement | 2535 |
allowance or the first day of the month following the latest of: | 2536 |
(a) The last day for which compensation was paid; | 2537 |
(b) The attainment of the member's applicable minimum age or | 2538 |
service credit eligibility as provided in section 145.32 or | 2539 |
145.332 of the Revised Code; | 2540 |
(c) The first day of the month following receipt of an | 2541 |
application for an age and service retirement benefit. | 2542 |
(2) The later of the effective date of a benefit under | 2543 |
section 145.384 of the Revised Code or the first day of the month | 2544 |
following the latest of: | 2545 |
(a) The last day for which compensation for employment | 2546 |
subject to section 145.38 or 145.383 of the Revised Code was paid; | 2547 |
(b) Attainment by the contributor of age sixty-five; | 2548 |
(c) If the contributor was previously employed as described | 2549 |
in division (E)(3) of section 145.384 of the Revised Code, | 2550 |
completion of a period of twelve months since the effective date | 2551 |
of the last benefit under that section; | 2552 |
(d) Receipt of an application for a benefit under section | 2553 |
145.384 of the Revised Code. | 2554 |
(3) The | 2555 |
under section 145.36 of the Revised Code | 2556 |
member | 2557 |
for an age and service retirement allowance on that date. | 2558 |
(4) The first day of the month following the last day for | 2559 |
which a disability allowance is paid under section 145.361 of the | 2560 |
Revised Code. | 2561 |
(D) The consent of a spouse to a plan of payment other than a | 2562 |
joint-life plan is valid only if it is in writing, signed, and | 2563 |
witnessed by a notary public. The board may waive the requirement | 2564 |
of consent if the spouse is incapacitated or cannot be located or | 2565 |
for any other reason specified by the board. Consent or waiver is | 2566 |
effective only with regard to the spouse who is the subject of the | 2567 |
consent or waiver. | 2568 |
(E)(1) The death of a spouse or any designated beneficiary | 2569 |
shall cancel the portion of an annuity providing continuing | 2570 |
lifetime payments to the deceased spouse or deceased designated | 2571 |
beneficiary. The contributor shall receive the actuarial | 2572 |
equivalent of the contributor's remaining annuity, as determined | 2573 |
by the board, based on the number of remaining beneficiaries, with | 2574 |
no change in the amount payable to any remaining beneficiary. If | 2575 |
the retirement system receives notice of the death on or after | 2576 |
2577 | |
be effective the month following the date of death. | 2578 |
(2) On divorce, annulment, or marriage dissolution, a | 2579 |
contributor receiving an annuity under a plan of payment that | 2580 |
provides for continuation of all or part of the annuity after | 2581 |
death for the lifetime of the contributor's surviving spouse may, | 2582 |
with the written consent of the spouse or pursuant to an order of | 2583 |
the court with jurisdiction over the termination of the marriage, | 2584 |
elect to cancel the portion of the plan providing continuing | 2585 |
lifetime payments to that spouse. The contributor shall receive | 2586 |
the actuarial equivalent of the contributor's annuity as | 2587 |
determined by the board based on the number of remaining | 2588 |
beneficiaries, with no change in the amount payable to any | 2589 |
remaining beneficiary. The election shall be made on a form | 2590 |
provided by the board and shall be effective the month following | 2591 |
its receipt by the board. | 2592 |
(F)(1) Following a marriage or remarriage, both of the | 2593 |
following apply: | 2594 |
(a) A contributor who is receiving payments under a | 2595 |
single-life plan may elect a new plan of payment based on the | 2596 |
actuarial equivalent of the contributor's single-life plan annuity | 2597 |
as determined by the board. | 2598 |
(b) A contributor receiving an annuity under this section | 2599 |
pursuant to a plan of payment providing for payment to a former | 2600 |
spouse pursuant to a court order as described in division | 2601 |
(B)(2)(c) of this section may elect a new plan of payment under a | 2602 |
multiple-life plan based on the actuarial equivalent of the | 2603 |
contributor's benefit as determined by the board if the new plan | 2604 |
of payment does not reduce the payment to the former spouse. | 2605 |
(2) An election under division (F)(1) of this section must be | 2606 |
made not later than one year after the date of the marriage or | 2607 |
remarriage. | 2608 |
The plan elected shall become effective on the date of | 2609 |
receipt by the board of an application on a form approved by the | 2610 |
board, but any change in the amount of the annuity payment shall | 2611 |
commence on the first day of the month following the effective | 2612 |
date of the plan. | 2613 |
(G) If at the time of death a contributor receiving a monthly | 2614 |
annuity under a single-life plan has received less than the | 2615 |
retirant's deposits under section 145.62 or the version of | 2616 |
division (C) of section 145.23 of the Revised Code as it existed | 2617 |
immediately prior to April 6, 2007, plus earnings on those | 2618 |
deposits, the difference between the amount received and the | 2619 |
amount of the contributor's deposits plus earnings shall be paid | 2620 |
to the contributor's beneficiary under section 145.65 of the | 2621 |
Revised Code. If any designated beneficiary receiving a monthly | 2622 |
annuity under this section dies and at the time of the | 2623 |
beneficiary's death the amounts paid to the contributor and the | 2624 |
beneficiary are less than the amount of the contributor's deposits | 2625 |
plus earnings on those deposits, the difference between the amount | 2626 |
received by the contributor and the beneficiary and the amount of | 2627 |
the contributor's deposits plus earnings shall be paid to the | 2628 |
beneficiary's estate. | 2629 |
(H) Receipt of the first month's annuity payment constitutes | 2630 |
final acceptance of the plan of payment and may be changed only as | 2631 |
provided in this section. | 2632 |
Sec. 145.82. (A) Except as provided in divisions (B) and (C) | 2633 |
of this section, sections 145.201 to 145.70 of the Revised Code do | 2634 |
not apply to a PERS defined contribution plan, except that a PERS | 2635 |
defined contribution plan may incorporate provisions of those | 2636 |
sections as specified in the plan document. | 2637 |
(B) The following sections of Chapter 145. of the Revised | 2638 |
Code apply to a PERS defined contribution plan: | 2639 |
145.20, 145.22, 145.221, 145.23, 145.25, 145.26, 145.27, 145.296, | 2640 |
145.38, 145.384, 145.391, | 2641 |
145.483, 145.51, 145.52, 145.53, 145.54, 145.55, 145.56, 145.563, | 2642 |
145.57, 145.571, 145.572,
| 2643 |
the Revised Code. | 2644 |
(C) A PERS defined contribution plan that includes definitely | 2645 |
determinable benefits may incorporate by reference all or part of | 2646 |
sections 145.201 to 145.79 of the Revised Code to allow a member | 2647 |
participating in the plan to purchase service credit or to be | 2648 |
eligible for any of the following: | 2649 |
(1) Retirement, disability, survivor, or death benefits; | 2650 |
(2) Health or long-term care insurance or any other type of | 2651 |
health care benefit; | 2652 |
(3) Additional increases under section 145.323 of the Revised | 2653 |
Code; | 2654 |
(4) A refund of contributions made by or on behalf of a | 2655 |
member. | 2656 |
With respect to the benefits described in division (C)(1) of | 2657 |
this section, the public employees retirement board may establish | 2658 |
eligibility requirements and benefit formulas or amounts that | 2659 |
differ from those of members participating in the PERS defined | 2660 |
benefit plan. With respect to the purchase of service credit by a | 2661 |
member participating in a PERS defined contribution plan, the | 2662 |
board may reduce the cost of the service credit to reflect the | 2663 |
different benefit formula established for the member. | 2664 |
Sec. 145.88. Amounts contributed under sections 145.85 and | 2665 |
145.86 of the Revised Code, and any earnings on those amounts, | 2666 |
shall be deposited and credited in accordance with the PERS | 2667 |
defined contribution plan that is selected by the member. The plan | 2668 |
may include provisions authorizing the public employees retirement | 2669 |
system to do either of the following: | 2670 |
(A) Withhold from the amounts contributed under sections | 2671 |
145.85 and 145.86 of the Revised Code a percentage of earnable | 2672 |
salary or a fixed dollar amount that is determined by an actuary | 2673 |
appointed by the public employees retirement board to be necessary | 2674 |
to administer the plan; | 2675 |
(B) Withhold from the amounts contributed under section | 2676 |
145.86 of the Revised Code a percentage of earnable salary for the | 2677 |
purpose of funding health care insurance coverage or any other | 2678 |
type of health care benefit for a member participating in the | 2679 |
plan. | 2680 |
Sec. 145.92. If a member participating in a PERS defined | 2681 |
contribution plan is married at the time benefits under the plan | 2682 |
are to commence, unless the spouse consents to another plan of | 2683 |
payment or the spouse's consent is waived, the member's benefit | 2684 |
under the plan shall be paid in a lesser amount payable for life | 2685 |
and one-half of that amount continuing after death to the | 2686 |
surviving spouse for the life of the spouse. | 2687 |
Consent is valid only if it is evidenced by a written | 2688 |
document signed by the spouse and the signature is witnessed by a | 2689 |
notary public. A plan may waive the requirement of consent if the | 2690 |
spouse is incapacitated or cannot be located or for any other | 2691 |
reason specified by the plan or in rules adopted by the public | 2692 |
employees retirement board. | 2693 |
A plan shall waive the requirement of consent if a plan of | 2694 |
payment that provides for payment in a specified portion of the | 2695 |
2696 | |
to a former spouse is required by a court order issued under | 2697 |
section 3105.171 or 3105.65 of the Revised Code or laws of another | 2698 |
state regarding division of marital property prior to the | 2699 |
effective date of the member's retirement. If a court order | 2700 |
requires this plan of payment, the member shall be required to | 2701 |
annuitize the member's accumulated amounts in accordance with the | 2702 |
order. If the member is married, the plan of payment selected by | 2703 |
the member also shall provide for payment to the member's current | 2704 |
spouse, unless the current spouse consents in writing to not being | 2705 |
designated a beneficiary under the plan of payment or the current | 2706 |
spouse's consent is waived by reason other than the court order. | 2707 |
Consent or waiver is effective only with regard to the spouse | 2708 |
who is the subject of the consent or waiver. | 2709 |
Sec. 145.95. (A) Subject to division (B) of this section and | 2710 |
sections 145.38, 145.56, 145.57, 145.572, 145.573, and 145.574 of | 2711 |
the Revised Code, the right of a member participating in a PERS | 2712 |
defined contribution plan to any payment or benefit accruing from | 2713 |
contributions made by or on behalf of the member under sections | 2714 |
145.85 and 145.86 of the Revised Code shall vest in accordance | 2715 |
with this section. | 2716 |
A member's right to any payment or benefit that is based on | 2717 |
the member's contributions is nonforfeitable. | 2718 |
A member's right to any payment or benefit that is based on | 2719 |
contributions by the member's employer is nonforfeitable as | 2720 |
specified by the plan selected by the member. | 2721 |
(B) This section does not apply to an increase made under | 2722 |
section 145.323 of the Revised Code for a recipient whose benefit | 2723 |
effective date is on or after | 2724 |
January 7, 2013. | 2725 |
Sec. 171.04. The Ohio retirement study council shall: | 2726 |
(A) Make an impartial review from time to time of all laws | 2727 |
governing the administration and financing of the pension and | 2728 |
retirement funds under Chapters 145., 146., 742., 3307., 3309., | 2729 |
and 5505. of the Revised Code and recommend to the general | 2730 |
assembly any changes it may find desirable with respect to the | 2731 |
allowances and benefits, sound financing of the cost of benefits, | 2732 |
the prudent investment of funds, and the improvement of the | 2733 |
language, structure, and organization of the laws; | 2734 |
(B) Make an annual report to the governor and to the general | 2735 |
assembly covering its evaluation and recommendations with respect | 2736 |
to the operations of the state retirement systems and their funds; | 2737 |
(C) Study all changes in the retirement laws proposed to the | 2738 |
general assembly and report to the general assembly on their | 2739 |
probable costs, actuarial implications, and desirability as a | 2740 |
matter of public policy; | 2741 |
(D) Review semiannually the policies, objectives, and | 2742 |
criteria adopted under sections 145.11, 742.11, 3307.15, 3309.15, | 2743 |
and 5505.06 of the Revised Code for the operation of the | 2744 |
investment programs of the state retirement systems, including a | 2745 |
review of asset allocation targets and ranges, risk factors, asset | 2746 |
class benchmarks, time horizons, total return objectives, relative | 2747 |
volatility, and performance evaluation guidelines. The council | 2748 |
shall, not later than thirty days after completing a review, | 2749 |
submit to the governor and the general assembly a report | 2750 |
summarizing its findings. | 2751 |
(E) Have prepared for each system by an independent actuary, | 2752 |
at least once every ten years, an actuarial review of the | 2753 |
actuarial valuations and quinquennial actuarial investigations | 2754 |
prepared under sections 145.22, 742.14, 3307.20, 3309.21, and | 2755 |
5505.12 of the Revised Code, including a review of the actuarial | 2756 |
assumptions and methods, the data underlying the valuations and | 2757 |
investigations, and the adequacy of each system's employee and | 2758 |
employer contribution rates to amortize its unfunded actuarial | 2759 |
pension liability, if any, and to support the payment of benefits | 2760 |
authorized by Chapter 145., 742., 3307., 3309., or 5505. of the | 2761 |
Revised Code. The council shall submit to the governor and the | 2762 |
general assembly a report summarizing | 2763 |
All costs associated with an actuarial review prepared | 2764 |
pursuant to division (E) of this section shall be paid by the | 2765 |
retirement system for which the review is prepared. | 2766 |
(F) Have conducted by an independent auditor at least once | 2767 |
every ten years a fiduciary performance audit of each of the state | 2768 |
retirement systems. | 2769 |
All costs associated with an audit conducted pursuant to | 2770 |
division (F) of this section shall be paid by the retirement | 2771 |
system audited. | 2772 |
(G) Provide each member of the council with copies of all | 2773 |
proposed rules submitted to the council pursuant to sections | 2774 |
145.09, 742.10, 3307.04, 3309.04, and 5505.04 of the Revised Code | 2775 |
and submit any recommendations to the joint committee on agency | 2776 |
rule review. | 2777 |
Sec. 311.01. (A) A sheriff shall be elected quadrennially in | 2778 |
each county. A sheriff shall hold office for a term of four years, | 2779 |
beginning on the first Monday of January next after the sheriff's | 2780 |
election. | 2781 |
(B) Except as otherwise provided in this section, no person | 2782 |
is eligible to be a candidate for sheriff, and no person shall be | 2783 |
elected or appointed to the office of sheriff, unless that person | 2784 |
meets all of the following requirements: | 2785 |
(1) The person is a citizen of the United States. | 2786 |
(2) The person has been a resident of the county in which the | 2787 |
person is a candidate for or is appointed to the office of sheriff | 2788 |
for at least one year immediately prior to the qualification date. | 2789 |
(3) The person has the qualifications of an elector as | 2790 |
specified in section 3503.01 of the Revised Code and has complied | 2791 |
with all applicable election laws. | 2792 |
(4) The person has been awarded a high school diploma or a | 2793 |
certificate of high school equivalence issued for achievement of | 2794 |
specified minimum scores on the general educational development | 2795 |
test of the American council on education. | 2796 |
(5) The person has not been convicted of or pleaded guilty to | 2797 |
a felony or any offense involving moral turpitude under the laws | 2798 |
of this or any other state or the United States, and has not been | 2799 |
convicted of or pleaded guilty to an offense that is a misdemeanor | 2800 |
of the first degree under the laws of this state or an offense | 2801 |
under the laws of any other state or the United States that | 2802 |
carries a penalty that is substantially equivalent to the penalty | 2803 |
for a misdemeanor of the first degree under the laws of this | 2804 |
state. | 2805 |
(6) The person has been fingerprinted and has been the | 2806 |
subject of a search of local, state, and national fingerprint | 2807 |
files to disclose any criminal record. Such fingerprints shall be | 2808 |
taken under the direction of the administrative judge of the court | 2809 |
of common pleas who, prior to the applicable qualification date, | 2810 |
shall notify the board of elections, board of county | 2811 |
commissioners, or county central committee of the proper political | 2812 |
party, as applicable, of the judge's findings. | 2813 |
(7) The person has prepared a complete history of the | 2814 |
person's places of residence for a period of six years immediately | 2815 |
preceding the qualification date and a complete history of the | 2816 |
person's places of employment for a period of six years | 2817 |
immediately preceding the qualification date, indicating the name | 2818 |
and address of each employer and the period of time employed by | 2819 |
that employer. The residence and employment histories shall be | 2820 |
filed with the administrative judge of the court of common pleas | 2821 |
of the county, who shall forward them with the findings under | 2822 |
division (B)(6) of this section to the appropriate board of | 2823 |
elections, board of county commissioners, or county central | 2824 |
committee of the proper political party prior to the applicable | 2825 |
qualification date. | 2826 |
(8) The person meets at least one of the following | 2827 |
conditions: | 2828 |
(a) | 2829 |
2830 | |
2831 | |
peace officer training commission or has been issued a certificate | 2832 |
of training pursuant to section 5503.05 of the Revised Code | 2833 |
2834 | |
2835 | |
2836 | |
2837 | |
2838 | |
2839 |
(b) | 2840 |
2841 | |
2842 | |
2843 | |
2844 | |
2845 | |
2846 | |
2847 | |
full-time by a law enforcement agency performing duties related to | 2848 |
the enforcement of statutes, ordinances, or codes for a minimum of | 2849 |
thirteen consecutive pay periods within the four-year period prior | 2850 |
to the qualification date. As used in this division, "full-time" | 2851 |
means a minimum of eighty hours of work in a fourteen-day period. | 2852 |
(9) The person meets at least one of the following | 2853 |
conditions: | 2854 |
(a) Has at least two consecutive years of supervisory | 2855 |
experience as a peace officer | 2856 |
2857 | |
2858 | |
2859 |
(b) Has completed | 2860 |
2861 | |
2862 | |
degree in law enforcement or criminal justice from a college or | 2863 |
university authorized to confer degrees by the Ohio board of | 2864 |
regents or the comparable agency of another state in which the | 2865 |
college or university is located | 2866 |
2867 | |
2868 |
(C) Persons who meet the requirements of division (B) of this | 2869 |
section, except the requirement of division (B)(2) of this | 2870 |
section, may take all actions otherwise necessary to comply with | 2871 |
division (B) of this section. If, on the applicable qualification | 2872 |
date, no person has met all the requirements of division (B) of | 2873 |
this section, then persons who have complied with and meet the | 2874 |
requirements of division (B) of this section, except the | 2875 |
requirement of division (B)(2) of this section, shall be | 2876 |
considered qualified candidates under division (B) of this | 2877 |
section. | 2878 |
(D) Newly elected sheriffs shall attend a basic training | 2879 |
course conducted by the Ohio peace officer training commission | 2880 |
pursuant to division (A) of section 109.80 of the Revised Code. A | 2881 |
newly elected sheriff shall complete not less than two weeks of | 2882 |
this course before the first Monday in January next after the | 2883 |
sheriff's election. While attending the basic training course, a | 2884 |
newly elected sheriff may, with the approval of the board of | 2885 |
county commissioners, receive compensation, paid for from funds | 2886 |
established by the sheriff's county for this purpose, in the same | 2887 |
manner and amounts as if carrying out the powers and duties of the | 2888 |
office of sheriff. | 2889 |
Appointed sheriffs shall attend the first basic training | 2890 |
course conducted by the Ohio peace officer training commission | 2891 |
pursuant to division (A) of section 109.80 of the Revised Code | 2892 |
within six months following the date of appointment or election to | 2893 |
the office of sheriff. While attending the basic training course, | 2894 |
appointed sheriffs shall receive regular compensation in the same | 2895 |
manner and amounts as if carrying out their regular powers and | 2896 |
duties. | 2897 |
Five days of instruction at the basic training course shall | 2898 |
be considered equal to one week of work. The costs of conducting | 2899 |
the basic training course and the costs of meals, lodging, and | 2900 |
travel of appointed and newly elected sheriffs attending the | 2901 |
course shall be paid from state funds appropriated to the | 2902 |
commission for this purpose. | 2903 |
(E) In each calendar year, each sheriff shall attend and | 2904 |
successfully complete at least sixteen hours of continuing | 2905 |
education approved under division (B) of section 109.80 of the | 2906 |
Revised Code. A sheriff who receives a waiver of the continuing | 2907 |
education requirement from the commission under division (C) of | 2908 |
section 109.80 of the Revised Code because of medical disability | 2909 |
or for other good cause shall complete the requirement at the | 2910 |
earliest time after the disability or cause terminates. | 2911 |
(F)(1) Each person who is a candidate for election to or who | 2912 |
is under consideration for appointment to the office of sheriff | 2913 |
shall swear before the administrative judge of the court of common | 2914 |
pleas as to the truth of any information the person provides to | 2915 |
verify the person's qualifications for the office. A person who | 2916 |
violates this requirement is guilty of falsification under section | 2917 |
2921.13 of the Revised Code. | 2918 |
(2) Each board of elections shall certify whether or not a | 2919 |
candidate for the office of sheriff who has filed a declaration of | 2920 |
candidacy, a statement of candidacy, or a declaration of intent to | 2921 |
be a write-in candidate meets the qualifications specified in | 2922 |
divisions (B) and (C) of this section. | 2923 |
(G) The office of a sheriff who is required to comply with | 2924 |
division (D) or (E) of this section and who fails to successfully | 2925 |
complete the courses pursuant to those divisions is hereby deemed | 2926 |
to be vacant. | 2927 |
(H) As used in this section: | 2928 |
(1) "Qualification date" means the last day on which a | 2929 |
candidate for the office of sheriff can file a declaration of | 2930 |
candidacy, a statement of candidacy, or a declaration of intent to | 2931 |
be a write-in candidate, as applicable, in the case of a primary | 2932 |
election for the office of sheriff; the last day on which a person | 2933 |
may be appointed to fill a vacancy in a party nomination for the | 2934 |
office of sheriff under Chapter 3513. of the Revised Code, in the | 2935 |
case of a vacancy in the office of sheriff; or a date thirty days | 2936 |
after the day on which a vacancy in the office of sheriff occurs, | 2937 |
in the case of an appointment to such a vacancy under section | 2938 |
305.02 of the Revised Code. | 2939 |
(2) "Newly elected sheriff" means a person who did not hold | 2940 |
the office of sheriff of a county on the date the person was | 2941 |
elected sheriff of that county. | 2942 |
Sec. 742.53. (A) As used in this section: | 2943 |
(1) "Long-term care insurance" has the same meaning as in | 2944 |
section 3923.41 of the Revised Code. | 2945 |
(2) "Retirement systems" has the same meaning as in division | 2946 |
(A) of section 145.581 of the Revised Code. | 2947 |
(B) The board of trustees of the Ohio police and fire pension | 2948 |
fund | 2949 |
fund, employers on behalf of members, and persons receiving | 2950 |
service or disability pensions or survivor benefits are permitted | 2951 |
to participate in contracts for long-term care insurance. | 2952 |
Participation may include dependents and family members. If a | 2953 |
participant in a contract for long-term care insurance leaves | 2954 |
employment, the participant and the participant's dependents and | 2955 |
family members may, at their election, continue to participate in | 2956 |
a program established under this section in the same manner as if | 2957 |
the participant had not left employment, except that no part of | 2958 |
the cost of the insurance shall be paid by the participant's | 2959 |
former employer. | 2960 |
Such program may be established independently or jointly with | 2961 |
one or more of the other retirement systems. | 2962 |
(C) The fund may enter into an agreement with insurance | 2963 |
companies, health insuring corporations, or government agencies | 2964 |
authorized to do business in the state for issuance of a long-term | 2965 |
care policy or contract. However, prior to entering into such an | 2966 |
agreement with an insurance company or health insuring | 2967 |
corporation, the fund shall request the superintendent of | 2968 |
insurance to certify the financial condition of the company or | 2969 |
corporation. The fund shall not enter into the agreement if, | 2970 |
according to that certification, the company or corporation is | 2971 |
insolvent, is determined by the superintendent to be potentially | 2972 |
unable to fulfill its contractual obligations, or is placed under | 2973 |
an order of rehabilitation or conservation by a court of competent | 2974 |
jurisdiction or under an order of supervision by the | 2975 |
superintendent. | 2976 |
(D) The board | 2977 |
section 111.15 of the Revised Code governing the program. | 2978 |
rules adopted by the board shall establish methods of payment for | 2979 |
participation under this section, which may include establishment | 2980 |
of a payroll deduction plan under section 742.56 of the Revised | 2981 |
Code, deduction of the full premium charged from a person's | 2982 |
service or disability pension or survivor benefit, or any other | 2983 |
method of payment considered appropriate by the board. If the | 2984 |
program is established jointly with one or more of the other | 2985 |
retirement systems, the rules also shall establish the terms and | 2986 |
conditions of such joint participation. | 2987 |
Sec. 742.63. The board of trustees of the Ohio police and | 2988 |
fire pension fund shall adopt rules for the management of the Ohio | 2989 |
public safety officers death benefit fund and for disbursements of | 2990 |
benefits as set forth in this section. | 2991 |
(A) As used in this section: | 2992 |
(1) "Member" means all of the following: | 2993 |
(a) A member of the Ohio police and fire pension fund, | 2994 |
including a member of the fund who has elected to participate in | 2995 |
the deferred retirement option plan established under section | 2996 |
742.43 of the Revised Code or a member of or contributor to a | 2997 |
police or firemen's relief and pension fund established under | 2998 |
former Chapter 521. or 741. of the Revised Code; | 2999 |
(b) A member of the state highway patrol retirement system, | 3000 |
including a member who is participating in the deferred retirement | 3001 |
option plan established under section 5505.50 of the Revised Code; | 3002 |
(c) A member of the public employees retirement system who at | 3003 |
the time of the member's death was one of the following: | 3004 |
(i) A county sheriff or deputy sheriff; | 3005 |
(ii) A full-time regular police officer in a municipal | 3006 |
corporation or township; | 3007 |
(iii) A full-time regular firefighter employed by the state, | 3008 |
an instrumentality of the state, a municipal corporation, a | 3009 |
township, a joint fire district, or another political subdivision; | 3010 |
(iv) A full-time park district ranger or patrol trooper; | 3011 |
(v) A full-time law enforcement officer of the department of | 3012 |
natural resources; | 3013 |
(vi) A full-time department of public safety enforcement | 3014 |
agent; | 3015 |
(vii) A full-time law enforcement officer of parks, waterway | 3016 |
lands, or reservoir lands under the control of a municipal | 3017 |
corporation; | 3018 |
(viii) A full-time law enforcement officer of a conservancy | 3019 |
district; | 3020 |
(ix) A correction officer at an institution under the control | 3021 |
of a county, a group of counties, a municipal corporation, or the | 3022 |
department of rehabilitation and correction; | 3023 |
(x) A state university law enforcement officer; | 3024 |
(xi) An investigator, as defined in section 109.541 of the | 3025 |
Revised Code, or an investigator commissioned as a special agent | 3026 |
of the bureau of criminal identification and investigation. | 3027 |
(xii) A drug agent, as defined in section 145.01 of the | 3028 |
Revised Code. | 3029 |
(d) A member of a retirement system operated by a municipal | 3030 |
corporation who at the time of death was a full-time law | 3031 |
enforcement officer of parks, waterway lands, or reservoir lands | 3032 |
under the control of the municipal corporation. | 3033 |
(2) Notwithstanding section 742.01 of the Revised Code, "fire | 3034 |
or police department" includes a fire department of the state or | 3035 |
an instrumentality of the state or of a municipal corporation, | 3036 |
township, joint fire district, or other political subdivision, the | 3037 |
state highway patrol, a county sheriff's office, the security | 3038 |
force of an institution under the control of the department of | 3039 |
rehabilitation and correction, the security force of a jail or | 3040 |
workhouse under the control of a county, group of counties, or | 3041 |
municipal corporation, the security force of a metropolitan, | 3042 |
county, or township park district, the security force of lands | 3043 |
under the control of the department of natural resources, | 3044 |
department of public safety enforcement agents, the security force | 3045 |
of parks, waterway lands, or reservoir lands under the control of | 3046 |
a municipal corporation, the security force of a conservancy | 3047 |
district, the police department of a township or municipal | 3048 |
corporation, and the police force of a state university. | 3049 |
(3) "Firefighter or police officer" includes a state highway | 3050 |
patrol trooper, a county sheriff or deputy sheriff, a correction | 3051 |
officer at an institution under the control of a county, a group | 3052 |
of counties, a municipal corporation, or the department of | 3053 |
rehabilitation and correction, a police officer employed by a | 3054 |
township or municipal corporation, a firefighter employed by the | 3055 |
state, an instrumentality of the state, a municipal corporation, a | 3056 |
township, a joint fire district, or another political subdivision, | 3057 |
a full-time park district ranger or patrol trooper, a full-time | 3058 |
law enforcement officer of the department of natural resources, a | 3059 |
full-time department of public safety enforcement agent, a | 3060 |
full-time law enforcement officer of parks, waterway lands, or | 3061 |
reservoir lands under the control of a municipal corporation, a | 3062 |
full-time law enforcement officer of a conservancy district, and a | 3063 |
state university law enforcement officer. | 3064 |
(4) "Correction officer" includes, in addition to any | 3065 |
correction officer, any correction corporal, sergeant, lieutenant, | 3066 |
or captain, and the equivalents of all such persons. | 3067 |
(5) "A park district ranger or patrol trooper" means a peace | 3068 |
officer commissioned to make arrests, execute warrants, and | 3069 |
preserve the peace upon lands under the control of a board of park | 3070 |
commissioners of a metropolitan, county, or township park | 3071 |
district. | 3072 |
(6) "Metropolitan, county, or township park district" means a | 3073 |
park district created under the authority of Chapter 511. or 1545. | 3074 |
of the Revised Code. | 3075 |
(7) "Conservancy district" means a conservancy district | 3076 |
created under the authority of Chapter 6101. of the Revised Code. | 3077 |
(8) "Law enforcement officer" means an officer commissioned | 3078 |
to make arrests, execute warrants, and preserve the peace upon | 3079 |
lands under the control of the governmental entity granting the | 3080 |
commission. | 3081 |
(9) "Department of natural resources law enforcement officer" | 3082 |
includes a forest officer designated pursuant to section 1503.29 | 3083 |
of the Revised Code, a preserve officer designated pursuant to | 3084 |
section 1517.10 of the Revised Code, a wildlife officer designated | 3085 |
pursuant to section 1531.13 of the Revised Code, a park officer | 3086 |
designated pursuant to section 1541.10 of the Revised Code, and a | 3087 |
state watercraft officer designated pursuant to section 1547.521 | 3088 |
of the Revised Code. | 3089 |
(10) "Retirement eligibility date" means the last day of the | 3090 |
month in which a deceased member would have first become eligible, | 3091 |
had the member lived, for the retirement pension provided under | 3092 |
section 145.332, Chapter 145., 521., or 741., division (C)(1) of | 3093 |
section 742.37, or division (A)(1) of section 5505.17 of the | 3094 |
Revised Code or provided by a retirement system operated by a | 3095 |
municipal corporation. | 3096 |
(11) "Death benefit amount" means an amount equal to the full | 3097 |
monthly salary received by a deceased member prior to death, minus | 3098 |
an amount equal to the benefit received under section 145.45, | 3099 |
742.37, 742.3714, or 5505.17 of the Revised Code or the benefit | 3100 |
received from a retirement system operated by a municipal | 3101 |
corporation, plus any increases in salary that would have been | 3102 |
granted the deceased member. | 3103 |
(12) "Killed in the line of duty" means either of the | 3104 |
following: | 3105 |
(a) Death in the line of duty; | 3106 |
(b) Death from injury sustained in the line of duty, | 3107 |
including heart attack or other fatal injury or illness caused | 3108 |
while in the line of duty. | 3109 |
(B) A spouse of a deceased member shall receive a death | 3110 |
benefit each month equal to the full death benefit amount, | 3111 |
provided that the deceased member was a firefighter or police | 3112 |
officer killed in the line of duty and there are no surviving | 3113 |
children eligible for a benefit under this section. The spouse | 3114 |
shall receive this benefit during the spouse's natural life until | 3115 |
the deceased member's retirement eligibility date, on which date | 3116 |
the benefit provided under this division shall terminate. | 3117 |
(C)(1) If a member killed in the line of duty as a | 3118 |
firefighter or police officer is survived only by a child or | 3119 |
children, the child or children shall receive a benefit each month | 3120 |
equal to the full death benefit amount. If there is more than one | 3121 |
surviving child, the benefit shall be divided equally among these | 3122 |
children. | 3123 |
(2) If the death benefit paid under this division is divided | 3124 |
among two or more surviving children and any of the children | 3125 |
become ineligible to continue receiving a portion of the benefit | 3126 |
as provided in division (H) of this section, the full death | 3127 |
benefit amount shall be paid to the remaining eligible child or | 3128 |
divided among the eligible children so that the benefit paid to | 3129 |
the remaining eligible child or children equals the full death | 3130 |
benefit amount. | 3131 |
(3) Notwithstanding divisions (C)(1) and (2) of this section, | 3132 |
all death benefits paid under this division shall terminate on the | 3133 |
deceased member's retirement eligibility date. | 3134 |
(D) If a member killed in the line of duty as a firefighter | 3135 |
or police officer is survived by both a spouse and a child or | 3136 |
children, the monthly benefit provided shall be as follows: | 3137 |
(1)(a) If there is a surviving spouse and one surviving | 3138 |
child, the spouse shall receive an amount each month equal to | 3139 |
one-half of the full death benefit amount and the child shall | 3140 |
receive an amount equal to one-half of the full death benefit | 3141 |
amount. | 3142 |
(b) If the surviving spouse dies or the child becomes | 3143 |
ineligible as provided in division (H) of this section, the | 3144 |
surviving spouse or child remaining eligible shall receive the | 3145 |
full death benefit amount. | 3146 |
(2)(a) If there is a surviving spouse and more than one | 3147 |
child, the spouse shall receive an amount each month equal to | 3148 |
one-third of the full death benefit amount and the children shall | 3149 |
receive an amount, equally divided among them, equal to two-thirds | 3150 |
of the full death benefit amount. | 3151 |
(b) If a spouse and more than one child each are receiving a | 3152 |
death benefit under division (D)(2)(a) of this section and the | 3153 |
spouse dies, the children shall receive an amount each month, | 3154 |
equally divided among them, equal to the full death benefit | 3155 |
amount. | 3156 |
(c) If a spouse and more than one child each are receiving a | 3157 |
benefit under division (D)(2)(a) of this section and any of the | 3158 |
children becomes ineligible to receive a benefit as provided in | 3159 |
division (H) of this section, the spouse and remaining eligible | 3160 |
child or children shall receive a death benefit as follows: | 3161 |
(i) If there are two or more remaining eligible children, the | 3162 |
spouse shall receive an amount each month equal to one-third of | 3163 |
the full death benefit amount and the children shall receive an | 3164 |
amount each month, equally divided among them, equal to two-thirds | 3165 |
of the full death benefit amount; | 3166 |
(ii) If there is one remaining eligible child, the spouse | 3167 |
shall receive an amount each month equal to one-half of the full | 3168 |
death benefit amount, and the child shall receive an amount each | 3169 |
month equal to one-half of the full death benefit amount. | 3170 |
(d) If a spouse and more than one child each are receiving a | 3171 |
benefit under division (D)(2)(a) of this section and all of the | 3172 |
children become ineligible to receive a benefit as provided in | 3173 |
division (H) of this section, the spouse shall receive the full | 3174 |
death benefit amount. | 3175 |
(3) Notwithstanding divisions (D)(1) and (2) of this section, | 3176 |
death benefits paid under this division to a surviving spouse | 3177 |
shall terminate on the member's retirement eligibility date. Death | 3178 |
benefits paid to a surviving child or children shall terminate on | 3179 |
the deceased member's retirement eligibility date unless earlier | 3180 |
terminated pursuant to division (H) of this section. | 3181 |
(E) If a member, on or after January 1, 1980, is killed in | 3182 |
the line of duty as a firefighter or police officer and is | 3183 |
survived by only a parent or parents dependent upon the member for | 3184 |
support, the parent or parents shall receive an amount each month | 3185 |
equal to the full death benefit amount. If there is more than one | 3186 |
surviving parent dependent upon the deceased member for support, | 3187 |
the death benefit amount shall be divided equally among the | 3188 |
surviving parents. On the death of one of the surviving parents, | 3189 |
the full death benefit amount shall be paid to the other parent. | 3190 |
(F)(1) The following shall receive a monthly death benefit | 3191 |
under this division: | 3192 |
(a) A surviving spouse whose benefits are terminated in | 3193 |
accordance with division (B) or (D)(3) of this section on the | 3194 |
deceased member's retirement eligibility date, or who would | 3195 |
qualify for a benefit under division (B) or (D) of this section | 3196 |
except that the deceased member reached the member's retirement | 3197 |
eligibility date prior to the member's death; | 3198 |
(b) A qualified surviving spouse of a deceased member of or | 3199 |
contributor to a police or firemen's relief and pension fund | 3200 |
established under former Chapter 521. or 741. of the Revised Code | 3201 |
who was a firefighter or police officer killed in the line of | 3202 |
duty. | 3203 |
(2) The monthly death benefit shall be one-half of an amount | 3204 |
equal to the monthly salary received by the deceased member prior | 3205 |
to the member's death, plus any salary increases the deceased | 3206 |
member would have received prior to the member's retirement | 3207 |
eligibility date. The benefit shall terminate on the surviving | 3208 |
spouse's death. A death benefit payable under this division shall | 3209 |
be reduced by an amount equal to any allowance or benefit payable | 3210 |
to the surviving spouse under section 742.3714 of the Revised | 3211 |
Code. | 3212 |
(3) A benefit granted to a surviving spouse under division | 3213 |
(F)(1)(b) of this section shall commence on the first day of the | 3214 |
month immediately following receipt by the board of a completed | 3215 |
application on a form provided by the board and any evidence the | 3216 |
board may require to establish that the deceased spouse was killed | 3217 |
in the line of duty. | 3218 |
(G)(1) If there is not a surviving spouse eligible to receive | 3219 |
a death benefit under division (F) of this section or the | 3220 |
surviving spouse receiving a death benefit under that division | 3221 |
dies, a surviving child or children whose benefits under division | 3222 |
(C) or (D) of this section are or have been terminated pursuant to | 3223 |
division (C)(3) or (D)(3) of this section or who would qualify for | 3224 |
a benefit under division (C) or (D) of this section except that | 3225 |
the deceased member reached the member's retirement eligibility | 3226 |
date prior to the member's death shall receive a monthly death | 3227 |
benefit under this division. The monthly death benefit shall be | 3228 |
one-half of an amount equal to the monthly salary received by the | 3229 |
deceased member prior to the member's death, plus any salary | 3230 |
increases the member would have received prior to the member's | 3231 |
retirement eligibility date. If there is more than one surviving | 3232 |
child, the benefit shall be divided equally among the surviving | 3233 |
children. | 3234 |
(2) If two or more surviving children each are receiving a | 3235 |
benefit under this division and any of those children becomes | 3236 |
ineligible to continue receiving a benefit as provided in division | 3237 |
(H) of this section, the remaining eligible child or children | 3238 |
shall receive an amount equal to one-half of the monthly salary | 3239 |
received by the deceased member prior to death, plus any salary | 3240 |
increases the deceased member would have received prior to the | 3241 |
retirement eligibility date. If there is more than one remaining | 3242 |
eligible child, the benefit shall be divided equally among the | 3243 |
eligible children. | 3244 |
(3) A death benefit, or portion of a death benefit, payable | 3245 |
to a surviving child under this division shall be reduced by an | 3246 |
amount equal to any allowance or benefit payable to that child | 3247 |
under section 742.3714 of the Revised Code, but the reduction in | 3248 |
that child's benefit shall not affect the amount payable to any | 3249 |
other surviving child entitled to a portion of the death benefit. | 3250 |
(H) A death benefit paid to a surviving child under division | 3251 |
(C), (D), or (G) of this section shall terminate on the death of | 3252 |
the child or, unless one of the following is the case, when the | 3253 |
child reaches age eighteen: | 3254 |
(1) The child, because of physical or mental disability, is | 3255 |
unable to provide the child's own support, in which case the death | 3256 |
benefit shall terminate when the disability is removed; | 3257 |
(2) The child is unmarried, under age twenty-two, and a | 3258 |
student in and attending an institution of learning or training | 3259 |
pursuant to a program designed to complete in each school year the | 3260 |
equivalent of at least two-thirds of the full-time curriculum | 3261 |
requirements of the institution, as determined by the trustees of | 3262 |
the fund. | 3263 |
(I) Acceptance of any death benefit under this section does | 3264 |
not prohibit a spouse or child from receiving other benefits | 3265 |
provided under the Ohio police and fire pension fund, the state | 3266 |
highway patrol retirement system, the public employees retirement | 3267 |
system, or a retirement system operated by a municipal | 3268 |
corporation. | 3269 |
(J) No person shall receive a benefit under this section if | 3270 |
any of the following occur: | 3271 |
(1) The person fails to exercise the right to a monthly | 3272 |
survivor benefit under division (A) or (B) of section 145.45, | 3273 |
division (D), (E), or (F) of section 742.37, or division (A)(3), | 3274 |
(4), or | 3275 |
monthly survivor benefit from a retirement system operated by a | 3276 |
municipal corporation; or to a retirement allowance under section | 3277 |
742.3714 of the Revised Code. | 3278 |
(2) The member's accumulated contributions under this chapter | 3279 |
or Chapter 145. or 5505. of the Revised Code are refunded unless | 3280 |
the member had been a member of the public employees retirement | 3281 |
system and had fewer than eighteen months of total service credit | 3282 |
at the time of death. | 3283 |
(3) In the case of a full-time park district ranger or patrol | 3284 |
trooper, a full-time law enforcement officer of the department of | 3285 |
natural resources, a full-time law enforcement officer of parks, | 3286 |
waterway lands, or reservoir lands under the control of a | 3287 |
municipal corporation, a full-time law enforcement officer of a | 3288 |
conservancy district, a correction officer at an institution under | 3289 |
the control of a county, group of counties, or municipal | 3290 |
corporation, or a member of a retirement system operated by a | 3291 |
municipal corporation who at the time of the member's death was a | 3292 |
full-time law enforcement officer of parks, waterway lands, or | 3293 |
reservoir lands under the control of the municipal corporation, | 3294 |
the member died prior to April 9, 1981, in the case of a benefit | 3295 |
under division (B), (C), or (D) of this section, or prior to | 3296 |
January 1, 1980, in the case of a benefit under division (E) of | 3297 |
this section. | 3298 |
(4) In the case of a full-time department of public safety | 3299 |
enforcement agent who prior to June 30, 1999, was a liquor control | 3300 |
investigator of the department of public safety, the member died | 3301 |
prior to December 23, 1986; | 3302 |
(5) In the case of a full-time department of public safety | 3303 |
enforcement agent other than an enforcement agent who, prior to | 3304 |
June 30, 1999, was a liquor control investigator, the member died | 3305 |
prior to June 30, 1999. | 3306 |
(K) A surviving spouse whose benefit was terminated prior to | 3307 |
June 30, 1999, due to remarriage shall receive a benefit under | 3308 |
division (B), (D), or (F) of this section beginning on the first | 3309 |
day of the month following receipt by the board of an application | 3310 |
on a form provided by the board. The benefit amount shall be | 3311 |
determined as of that date. | 3312 |
(1) If the benefit will begin prior to the deceased member's | 3313 |
retirement eligibility date, it shall be paid under division (B) | 3314 |
or (D) of this section and shall terminate as provided in those | 3315 |
divisions. A benefit paid to a surviving spouse under division (D) | 3316 |
of this section shall be determined in accordance with that | 3317 |
division, even if benefits paid to surviving children are reduced | 3318 |
as a result. | 3319 |
(2) If the benefit will begin on or after the deceased | 3320 |
member's retirement eligibility date, it shall be paid under | 3321 |
division (F) of this section and shall terminate as provided in | 3322 |
that division. A benefit paid to a surviving spouse under division | 3323 |
(F) of this section shall be determined in accordance with that | 3324 |
division, even if benefits paid to surviving children are | 3325 |
terminated as a result. | 3326 |
Sec. 3307.04. The general administration and the management | 3327 |
of the state teachers retirement system is hereby vested in the | 3328 |
state teachers retirement board, which shall adopt rules necessary | 3329 |
for the fulfillment of its duties and responsibilities under | 3330 |
Chapter 3307. of the Revised Code. The board shall adopt policies | 3331 |
for the operation of the system, and the investment of funds as | 3332 |
provided by section 3307.15 of the Revised Code, and may authorize | 3333 |
its administrative officers, or committees composed of board | 3334 |
members, to act for the board in accord with such policies | 3335 |
3336 |
The board may take all appropriate action to avoid payment by | 3337 |
the system or its members of federal or state income taxes on | 3338 |
contributions to the system or amounts earned on such | 3339 |
contributions and to comply with any plan qualification | 3340 |
requirements, including those on distributions, established under | 3341 |
Title 26 of the United States Code. | 3342 |
The attorney general shall prescribe procedures for the | 3343 |
adoption of rules authorized under this chapter, consistent with | 3344 |
the provision of section 111.15 of the Revised Code under which | 3345 |
all rules shall be filed in order to be effective. Such procedures | 3346 |
shall establish methods by which notice of proposed rules is given | 3347 |
to interested parties and rules adopted by the board published and | 3348 |
otherwise made available. When it files a rule with the joint | 3349 |
committee on agency rule review pursuant to section 111.15 of the | 3350 |
Revised Code, the board shall submit to the Ohio retirement study | 3351 |
council a copy of the full text of the rule, and if applicable, a | 3352 |
copy of the rule summary and fiscal analysis required by division | 3353 |
(B) of section 127.18 of the Revised Code. | 3354 |
All rules adopted pursuant to this chapter, prior to August | 3355 |
20, 1976, shall be published and made available to interested | 3356 |
parties by January 1, 1977. | 3357 |
Sec. 3307.35. (A) As used in this section and section | 3358 |
3307.352 of the Revised Code, "other system retirant" means | 3359 |
either of the following: | 3360 |
(1) A member or former member of the public employees | 3361 |
retirement system, Ohio police and fire pension fund, school | 3362 |
employees retirement system, state highway patrol retirement | 3363 |
system, or Cincinnati retirement system who is receiving from a | 3364 |
system of which the retirant is a member or former member age and | 3365 |
service or commuted age and service retirement, a benefit, | 3366 |
allowance, or distribution under a plan established under section | 3367 |
145.81 or 3309.81 of the Revised Code, or a disability benefit; | 3368 |
(2) A person who is participating or has participated in an | 3369 |
alternative retirement plan established under Chapter 3305. of the | 3370 |
Revised Code and is receiving a benefit, allowance, or | 3371 |
distribution under the plan. | 3372 |
(B) Subject to this section and section 3307.353 of the | 3373 |
Revised Code, a superannuate or other system retirant may be | 3374 |
employed as a teacher. | 3375 |
(C) A superannuate or other system retirant employed in | 3376 |
accordance with this section shall contribute to the state | 3377 |
teachers retirement system in accordance with section 3307.26 of | 3378 |
the Revised Code and the employer shall contribute in accordance | 3379 |
with sections 3307.28 and 3307.31 of the Revised Code. Such | 3380 |
contributions shall be received as specified in section 3307.14 of | 3381 |
the Revised Code. A superannuate or other system retirant employed | 3382 |
as a teacher is not a member of the state teachers retirement | 3383 |
system, does not have any of the rights, privileges, or | 3384 |
obligations of membership, except as provided in this section, and | 3385 |
is not eligible to receive health, medical, hospital, or surgical | 3386 |
benefits under section 3307.39 of the Revised Code for employment | 3387 |
subject to this section. | 3388 |
(D) The employer that employs a superannuate or other system | 3389 |
retirant shall notify the state teachers retirement board of the | 3390 |
employment not later than the end of the month in which the | 3391 |
employment commences. Any overpayment of benefits to a | 3392 |
superannuate by the retirement system resulting from an employer's | 3393 |
failure to give timely notice may be charged to the employer and | 3394 |
may be certified and deducted as provided in section 3307.31 of | 3395 |
the Revised Code. | 3396 |
(E) On receipt of notice from an employer that a person who | 3397 |
is an other system retirant has been employed, the state teachers | 3398 |
retirement system shall notify the state retirement system of | 3399 |
which the other system retirant was a member of such employment. | 3400 |
(F) A superannuate or other system retirant who has received | 3401 |
an allowance or benefit for less than two months when employment | 3402 |
subject to this section or section 3305.05 of the Revised Code | 3403 |
commences shall forfeit the allowance or benefit for any month the | 3404 |
superannuate or retirant is employed prior to the expiration of | 3405 |
such period. The allowance or benefit forfeited each month shall | 3406 |
be equal to the monthly amount the superannuate or other system | 3407 |
retirant is eligible to receive under a single lifetime benefit | 3408 |
plan of payment described in division (A) of section 3307.60 of | 3409 |
the Revised Code. Contributions shall be made to the retirement | 3410 |
system from the first day of such employment, but service and | 3411 |
contributions for that period shall not be used in the calculation | 3412 |
of any benefit payable to the superannuate or other system | 3413 |
retirant, and those contributions shall be refunded on the | 3414 |
superannuate's or retirant's death or termination of the | 3415 |
employment. Contributions made on compensation earned after the | 3416 |
expiration of such period shall be used in calculation of the | 3417 |
benefit or payment due under section 3307.352 of the Revised Code. | 3418 |
For purposes of this division, "employment" does not include | 3419 |
uncompensated volunteer work if the duties of the uncompensated | 3420 |
volunteer work are the same as or substantially equivalent to the | 3421 |
superannuate's or other system retirant's duties with the employer | 3422 |
by which the superannuate or retirant was employed at the time of | 3423 |
retirement. | 3424 |
(G) On receipt of notice from the Ohio police and fire | 3425 |
pension fund, public employees retirement system, or school | 3426 |
employees retirement system of the re-employment of a | 3427 |
superannuate, the state teachers retirement system shall not pay, | 3428 |
or if paid shall recover, the amount to be forfeited by the | 3429 |
superannuate in accordance with section 145.38, 742.26, or | 3430 |
3309.341 of the Revised Code. | 3431 |
(H) If the disability benefit of an other system retirant | 3432 |
employed under this section is terminated, the retirant shall | 3433 |
become a member of the state teachers retirement system, effective | 3434 |
on the first day of the month next following the termination, with | 3435 |
all the rights, privileges, and obligations of membership. If the | 3436 |
retirant, after the termination of the retirant's disability | 3437 |
benefit, earns two years of service credit under this retirement | 3438 |
system or under the public employees retirement system, Ohio | 3439 |
police and fire pension fund, school employees retirement system, | 3440 |
or state highway patrol retirement system, the retirant's prior | 3441 |
contributions as an other system retirant under this section shall | 3442 |
be included in the retirant's total service credit, as defined in | 3443 |
section 3307.50 of the Revised Code, as a state teachers | 3444 |
retirement system member, and the retirant shall forfeit all | 3445 |
rights and benefits of this section. Not more than one year of | 3446 |
credit may be given for any period of twelve months. | 3447 |
(I) This section does not affect the receipt of benefits by | 3448 |
or eligibility for benefits of any person who on August 20, 1976, | 3449 |
was receiving a disability benefit or service retirement pension | 3450 |
or allowance from a state or municipal retirement system in Ohio | 3451 |
and was a member of any other state or municipal retirement system | 3452 |
of this state. | 3453 |
(J) The state teachers retirement board may make the | 3454 |
necessary rules to carry into effect this section and to prevent | 3455 |
the abuse of the rights and privileges thereunder. | 3456 |
Sec. 3307.39. (A) The state teachers retirement board may | 3457 |
enter into an agreement with insurance companies, health insuring | 3458 |
corporations, or government agencies authorized to do business in | 3459 |
the state for issuance of a policy or contract of health, medical, | 3460 |
hospital, or surgical | 3461 |
thereof, for those individuals receiving, under the STRS defined | 3462 |
benefit plan, service retirement or a disability or survivor | 3463 |
benefit who subscribe to the plan. Notwithstanding any other | 3464 |
provision of this chapter, the policy or contract may also include | 3465 |
coverage for any eligible individual's spouse and dependent | 3466 |
children and for any of the individual's sponsored dependents as | 3467 |
the board considers appropriate. If all or any portion of the | 3468 |
policy or contract premium is to be paid by any individual | 3469 |
receiving service retirement or a disability or survivor benefit, | 3470 |
the individual shall, by written authorization, instruct the board | 3471 |
to deduct the premium agreed to be paid by the individual to the | 3472 |
companies, corporations, or agencies. | 3473 |
The board may contract for coverage on the basis of part or | 3474 |
all of the cost of the coverage to be paid from appropriate funds | 3475 |
of the state teachers retirement system. The cost paid from the | 3476 |
funds of the system shall be included in the employer's | 3477 |
contribution rate provided by section 3307.28 of the Revised Code. | 3478 |
The board may enter into an agreement under this division for | 3479 |
coverage of recipients of benefits under an STRS defined | 3480 |
contribution plan if the plan selected includes health, medical, | 3481 |
hospital, or surgical | 3482 |
thereof. The board may contract for coverage on the basis that the | 3483 |
cost of the coverage will be paid by the recipient or by the plan | 3484 |
to which the recipient contributed under this chapter. The board | 3485 |
may offer to recipients plans that provide for different levels of | 3486 |
coverage or for prepayment of the cost of coverage. | 3487 |
The board may provide for self-insurance of risk or level of | 3488 |
risk as set forth in the contract with the companies, | 3489 |
corporations, or agencies, and may provide through the | 3490 |
self-insurance method specific | 3491 |
the rules of the board. | 3492 |
(B) The board may make a monthly payment to each recipient of | 3493 |
service retirement, or a disability or survivor benefit under the | 3494 |
STRS defined benefit plan who is enrolled in coverage under part B | 3495 |
of the medicare program established under Title XVIII of "The | 3496 |
Social Security Amendments of 1965," 79 Stat. 301 (1965), 42 | 3497 |
U.S.C.A. 1395j, as amended, and may make a monthly payment to a | 3498 |
recipient of benefits under an STRS defined contribution plan who | 3499 |
is eligible for that insurance coverage if the monthly payments | 3500 |
are funded through the plan selected by the recipient. The payment | 3501 |
shall be the greater of the following: | 3502 |
(1) Twenty-nine dollars and ninety cents; | 3503 |
(2) An amount determined by the board, which shall not exceed | 3504 |
ninety per cent of the basic premium for the coverage | 3505 |
that the amount shall not exceed the amount paid by the recipient. | 3506 |
At the request of the board, the recipient shall certify the | 3507 |
amount paid by the recipient for coverage described in this | 3508 |
division. | 3509 |
The board shall make all payments under this division | 3510 |
beginning the month following receipt of satisfactory evidence of | 3511 |
the payment for the coverage. | 3512 |
(C) The board shall establish by rule requirements for the | 3513 |
coordination of any coverage | 3514 |
under this section with any similar coverage | 3515 |
3516 | |
employees retirement system, Ohio police and fire pension fund, | 3517 |
school employees retirement system, or state highway patrol | 3518 |
retirement system. | 3519 |
(D) The board shall make all other necessary rules pursuant | 3520 |
to the purpose and intent of this section. | 3521 |
Sec. 3307.41. The right of an individual to a pension, an | 3522 |
annuity, or a retirement allowance itself, the right of an | 3523 |
individual to any optional benefit, or any other right or benefit | 3524 |
accrued or accruing to any individual under this chapter, the | 3525 |
various funds created by section 3307.14 of the Revised Code, and | 3526 |
all moneys, investments, and income from moneys or investments are | 3527 |
exempt from any state tax, except the tax imposed by section | 3528 |
5747.02 of the Revised Code, and are exempt from any county, | 3529 |
municipal, or other local tax, except income taxes imposed | 3530 |
pursuant to section 5748.02, 5748.08, or 5748.09 of the Revised | 3531 |
Code, and, except as provided in sections 3105.171, 3105.65, | 3532 |
3115.32, | 3533 |
3307.372, and 3307.373 and Chapters 3119., 3121., 3123., and 3125. | 3534 |
of the Revised Code, shall not be subject to execution, | 3535 |
garnishment, attachment, the operation of bankruptcy or insolvency | 3536 |
laws, or any other process of law whatsoever, and shall be | 3537 |
unassignable except as specifically provided in this chapter | 3538 |
and sections 3105.171, 3105.65, and 3115.32 | 3539 |
3540 | |
and 3125. of the Revised Code. | 3541 |
Sec. 3307.56. (A)(1) Subject to | 3542 |
3543 | |
(B)(2) of this section, a member participating in the STRS defined | 3544 |
benefit plan who ceases to be a teacher for any cause other than | 3545 |
death, retirement, receipt of a disability benefit, or current | 3546 |
employment in a position in which the member has elected to | 3547 |
participate in an alternative retirement plan under section | 3548 |
3305.05 or 3305.051 of the Revised Code, upon application, shall | 3549 |
be paid the accumulated contributions standing to the credit of | 3550 |
the member's individual account in the teachers' savings fund plus | 3551 |
an amount calculated in accordance with section 3307.563 of the | 3552 |
Revised Code. If the member or the member's legal representative | 3553 |
cannot be found within ten years after the member ceased making | 3554 |
contributions pursuant to section 3307.26 of the Revised Code, the | 3555 |
accumulated contributions may be transferred to the guarantee fund | 3556 |
and thereafter paid to the member, to the member's beneficiaries, | 3557 |
or to the member's estate, upon proper application. | 3558 |
(2) A member described in division (A)(1) of this section who | 3559 |
is married at the time of application for payment and is eligible | 3560 |
for age and service retirement under section 3307.58 or 3307.59 of | 3561 |
the Revised Code or would be eligible for age and service | 3562 |
retirement under either of those sections but for a forfeiture | 3563 |
ordered under division (A) or (B) of section 2929.192 of the | 3564 |
Revised Code shall submit with the application a written statement | 3565 |
by the member's spouse attesting that the spouse consents to the | 3566 |
payment of the member's accumulated contributions. Consent shall | 3567 |
be valid only if it is signed and witnessed by a notary public. If | 3568 |
the statement is not submitted under this division, the | 3569 |
application shall be considered an application for service | 3570 |
retirement and shall be subject to division (G)(1) of section | 3571 |
3307.60 of the Revised Code. | 3572 |
The state teachers retirement board may waive the requirement | 3573 |
of consent if the spouse is incapacitated or cannot be located, or | 3574 |
for any other reason specified by the board. Consent or waiver is | 3575 |
effective only with regard to the spouse who is the subject of the | 3576 |
consent or waiver. | 3577 |
(B) This division applies to any member who is employed in a | 3578 |
position in which the member has elected under section 3305.05 or | 3579 |
3305.051 of the Revised Code to participate in an alternative | 3580 |
retirement plan and due to the election ceases to be a teacher for | 3581 |
the purposes of that position. | 3582 |
Subject to | 3583 |
Revised Code, the state teachers retirement system shall do the | 3584 |
following: | 3585 |
(1) On receipt of a certified copy of an election under | 3586 |
section 3305.05 or 3305.051 of the Revised Code, pay, in | 3587 |
accordance with section 3305.052 of the Revised Code, the amount | 3588 |
described in that section to the appropriate provider; | 3589 |
(2) If a member has accumulated contributions, in addition to | 3590 |
those subject to division (B)(1) of this section, standing to the | 3591 |
credit of a member's individual account and is not otherwise in a | 3592 |
position in which the member is considered a teacher for the | 3593 |
purposes of that position, pay, to the provider the member | 3594 |
selected pursuant to section 3305.05 or 3305.051 of the Revised | 3595 |
Code, the accumulated contributions standing to the credit of the | 3596 |
member's individual account in the teachers' saving fund plus an | 3597 |
amount calculated in accordance with section 3307.563 of the | 3598 |
Revised Code. The payment shall be made on the member's | 3599 |
application. | 3600 |
(C) Payment of a member's accumulated contributions under | 3601 |
division (B) of this section cancels the member's total service | 3602 |
credit in the state teachers retirement system. A member whose | 3603 |
accumulated contributions are paid to a provider pursuant to | 3604 |
division (B) of this section is forever barred from claiming or | 3605 |
purchasing service credit under the state teachers retirement | 3606 |
system for the period of employment attributable to those | 3607 |
contributions. | 3608 |
Sec. 3307.561. (A) As used in this section, "other | 3609 |
retirement system" means the public employees retirement system or | 3610 |
the school employees retirement system. | 3611 |
(B) Except as provided in division (C) of this section, on | 3612 |
application, a member of the state teachers retirement system who | 3613 |
is also a member of one or both of the other retirement systems | 3614 |
and has ceased to be a teacher for purposes of this chapter may be | 3615 |
paid, in accordance with section 3307.56 of the Revised Code, the | 3616 |
member's accumulated contributions to the state teachers | 3617 |
retirement system, plus any applicable amount calculated under | 3618 |
section 3307.563 of the Revised Code. This payment does not affect | 3619 |
the member's membership in the other retirement systems or any | 3620 |
right the member may have to a benefit or return of contributions | 3621 |
under those systems. | 3622 |
(C) This section does not apply to a member of one of the | 3623 |
other retirement systems whose employment under that system is | 3624 |
with the public employer that was the employer under the state | 3625 |
teachers retirement system at the time the member's service | 3626 |
subject to this chapter terminated. | 3627 |
Sec. 3307.563. For the purposes of this section, "service | 3628 |
credit" includes only service credit obtained pursuant to sections | 3629 |
3307.53, 3307.71, 3307.712, 3307.72, and 3307.77 of the Revised | 3630 |
Code. | 3631 |
(A) The state teachers retirement system shall add to a | 3632 |
member's accumulated contributions to be paid under section | 3633 |
3307.56 or 3307.562 of the Revised Code an amount paid from the | 3634 |
employers' trust fund equal to one of the following: | 3635 |
(1) If the member has less than three full years of service | 3636 |
credit, an amount equal to interest on the member's accumulated | 3637 |
contributions, compounded annually, at a rate not greater than | 3638 |
four per cent established by the board; | 3639 |
(2) If the member has three or more full years of service | 3640 |
credit, but less than five full years, an amount equal to interest | 3641 |
on the member's accumulated contributions, compounded annually, at | 3642 |
a rate not greater than six per cent established by the board; | 3643 |
(3) If the member has five or more full years of service | 3644 |
credit, the sum of the following amounts: | 3645 |
(a) An amount equal to interest on the member's accumulated | 3646 |
contributions, compounded annually, at a rate not greater than six | 3647 |
per cent established by the board; | 3648 |
(b) An amount equal to fifty per cent of the sum of the | 3649 |
member's contributions under section 3307.26, any contributions | 3650 |
restored under | 3651 |
Revised Code to the extent that the amount paid to restore the | 3652 |
credit included amounts received by the member under division | 3653 |
(A)(3)(b) of this section, and contributions deducted or paid | 3654 |
under | 3655 |
interest on that amount at a rate not greater than six per cent | 3656 |
established by the board. | 3657 |
Interest for each year included in the calculation under this | 3658 |
section shall be calculated from the first day of the following | 3659 |
year to the last day of the month preceding payment under section | 3660 |
3307.56 or 3307.562 of the Revised Code. | 3661 |
(B) Notwithstanding sections 3307.56 and 3307.562 of the | 3662 |
Revised Code, neither a member who returned to contributing | 3663 |
service after receiving disability benefits nor the beneficiaries, | 3664 |
survivors, or estate of a deceased member who was granted | 3665 |
disability benefits prior to death is eligible for the payment of | 3666 |
any amount calculated under this section. | 3667 |
Sec. 3307.57. To coordinate and integrate membership in the | 3668 |
state retirement systems, the following provisions apply: | 3669 |
(A) As used in this section: | 3670 |
(1) "Retirement systems" means the public employees | 3671 |
retirement system, state teachers retirement system, and school | 3672 |
employees retirement system. | 3673 |
(2) In addition to the meaning given in section 3307.50 of | 3674 |
the Revised Code, "disability benefit" means "disability benefit" | 3675 |
as defined in sections 145.01 and 3309.01 of the Revised Code; | 3676 |
(3) "Actuarial assumption rate" means the investment rate of | 3677 |
return assumed for projecting assets in the STRS defined benefit | 3678 |
plan. | 3679 |
(4) "Total service credit" means the total credit in all | 3680 |
retirement systems, except that such credit shall not exceed one | 3681 |
year for any period of twelve months. | 3682 |
(5) "Paying system" means the state retirement system in | 3683 |
which the member has the greatest service credit, without | 3684 |
adjustment or, if the member has equal service credit in two or | 3685 |
more retirement systems, the retirement system in which the member | 3686 |
has the greatest total contributions. | 3687 |
(6) "Transferring system" means the state retirement system | 3688 |
transferring a member's contributions and service credit in that | 3689 |
system to the paying system. | 3690 |
(7) "Retention percentage" means five per cent, or a | 3691 |
percentage determined under division (D) of this section, of a | 3692 |
member's earnable salary in the case of a member of the public | 3693 |
employees retirement system or five per cent, or a percentage | 3694 |
determined under division (D) of this section, of a member's | 3695 |
compensation in the case of a member of the state teachers | 3696 |
retirement system or school employees retirement system. | 3697 |
(B) At the option of a member participating in the STRS | 3698 |
defined benefit plan, total contributions and service credit in | 3699 |
all retirement systems, including amounts paid to restore service | 3700 |
credit under sections 145.311, 3307.711, and 3309.261 of the | 3701 |
Revised Code, shall be used in determining | 3702 |
benefits. If total contributions and service credit are combined, | 3703 |
the following provisions apply: | 3704 |
(1) Service retirement or a disability benefit is effective | 3705 |
on the first day of the month next following the later of: | 3706 |
(a) The last day for which compensation was paid; | 3707 |
(b) The attainment of minimum age or service credit for | 3708 |
benefits provided under this section. | 3709 |
(2) | 3710 |
3711 | |
3712 |
| 3713 |
3714 | |
3715 |
(a) Determine a member's eligibility for a retirement or | 3716 |
disability benefit; | 3717 |
(b) Calculate and pay the member's retirement or disability | 3718 |
benefit | 3719 |
3720 |
(3)(a) Each transferring system | 3721 |
3722 | |
certify | 3723 |
3724 | |
3725 | |
3726 |
| 3727 |
3728 | |
3729 | |
3730 | |
3731 | |
3732 |
| 3733 |
(i) The service credit earned by the member in the | 3734 |
transferring system; | 3735 |
(ii) The beginning and ending dates of the service credit | 3736 |
period covered by the transferring system; | 3737 |
(iii) Any breaks in service by the member, excluding school | 3738 |
breaks; | 3739 |
(iv) If available, a statement listing the member's monthly | 3740 |
contributions and service credit earned, obtained, or purchased in | 3741 |
the transferring system. | 3742 |
(b) The certification under division (B)(3)(a) of this | 3743 |
section may be reviewed by both the transferring system and paying | 3744 |
system. | 3745 |
(4) In determining the total credit to be used in calculating | 3746 |
a retirement or disability benefit, credit shall not be reduced | 3747 |
below that certified by the transferring system | 3748 |
3749 | |
3750 |
(a) Not more than one year of credit may be certified by the | 3751 |
transferring system for any one "year" as defined in the | 3752 |
law governing the transferring system
| 3753 |
(b) The paying system may reduce any credit certified by the | 3754 |
transferring system that is concurrent with any period of service | 3755 |
credit the member earned from the paying system. | 3756 |
(c) The paying system may reduce any credit certified by the | 3757 |
transferring system if the amount certified, when added to the | 3758 |
paying system's service credit for any one "year" as defined in | 3759 |
the law of the paying system, exceeds one year. | 3760 |
| 3761 |
3762 | |
systems all of the following for each year of service: | 3763 |
(i) The amount contributed by the member, or, in the case of | 3764 |
service credit purchased by the member, paid by the member, that | 3765 |
is attributable to the year of service; | 3766 |
(ii) An amount equal to the lesser of the employer's | 3767 |
contributions made on behalf of the member to the | 3768 |
transferring system for that year of service less the retention | 3769 |
percentage or the amount that would have been contributed by the | 3770 |
employer for the service had the member been a member of the state | 3771 |
teachers retirement system at the time the credit was earned less | 3772 |
the retention percentage; | 3773 |
(iii) If applicable, an amount equal to the amount paid on | 3774 |
behalf of the member by an employer under section 145.483 of the | 3775 |
Revised Code; | 3776 |
(iv) Interest compounded annually on the amounts specified in | 3777 |
divisions (B) | 3778 |
lesser of the actuarial assumption rate for that year of the | 3779 |
3780 | |
transferring system or systems | 3781 |
3782 |
| 3783 |
3784 | |
3785 |
| 3786 |
with guaranteed interest, upon the member's request, shall be | 3787 |
transferred to the | 3788 |
3789 | |
the
| 3790 |
3791 |
(C) A person receiving a benefit under this section, who | 3792 |
accepts employment amenable to coverage in any retirement system | 3793 |
that participated in the person's combined benefit, shall be | 3794 |
subject to the applicable provisions of law governing such | 3795 |
re-employment. | 3796 |
If a retirant should be paid any amount to which the retirant | 3797 |
is not entitled under the applicable provisions of law governing | 3798 |
such re-employment, such amount shall be recouped by the | 3799 |
3800 | |
recovery procedure available under the | 3801 |
3802 |
(D) The retention percentage used in the calculation under | 3803 |
division (B)(5)(a)(ii) of this section shall be reviewed by the | 3804 |
state retirement systems not less than once every five years | 3805 |
beginning after the effective date of this amendment or on request | 3806 |
of any of the systems. If the retirement systems agree, the | 3807 |
retention percentage may be changed if any of the system's | 3808 |
employer contribution rate increases or decreases or the systems | 3809 |
agree that a change is in the interest of one or more of the | 3810 |
systems. | 3811 |
Sec. 3307.58. (A) As used in this section, "qualifying | 3812 |
service credit" means credit earned under section 3307.53 or for | 3813 |
which contributions were made under section 145.47 or 3309.47 of | 3814 |
the Revised Code | 3815 |
or 3309.26 of the Revised Code | 3816 |
145.302, 3307.752, or 3309.022, or division (D) of section 5505.16 | 3817 |
of the Revised Code, or obtained under section 742.521 of the | 3818 |
Revised Code; and credit obtained under section 3307.761, | 3819 |
3307.763, or 3307.765 of the Revised Code. | 3820 |
(B) Any member participating in the STRS defined benefit plan | 3821 |
who has attained the applicable combination of age and service | 3822 |
credit shall be granted service retirement after filing with the | 3823 |
state teachers retirement board a completed application on a form | 3824 |
approved by the board. | 3825 |
(1) Except as provided in division (B)(3) of this section, a | 3826 |
member is eligible to retire under this division if | 3827 |
the following is the case: | 3828 |
(a) The member has five or more years of qualifying service | 3829 |
credit and has attained age sixty-five; | 3830 |
(b) The member is applying for service retirement following | 3831 |
termination of a disability benefit received under section 3307.63 | 3832 |
or 3307.631 of the Revised Code and has five or more years of | 3833 |
total service credit; | 3834 |
(c) The member meets one of the following requirements: | 3835 |
(i) Before August 1, 2015, has thirty or more years of | 3836 |
service credit at any age; | 3837 |
(ii) On or after August 1, 2015, but before August 1, 2017, | 3838 |
has thirty-one or more years of service credit at any age; | 3839 |
(iii) On or after August 1, 2017, but before August 1, 2019, | 3840 |
has thirty-two or more years of service credit at any age; | 3841 |
(iv) On or after August 1, 2019, but before August 1, 2021, | 3842 |
has thirty-three or more years of service credit at any age; | 3843 |
(v) On or after August 1, 2021, but before August 1, 2023, | 3844 |
has thirty-four or more years of service credit at any age; | 3845 |
(vi) On or after August 1, 2023, but before August 1, 2026, | 3846 |
has thirty-five or more years of service credit at any age; | 3847 |
(vii) On or after August 1, 2026, has thirty-five or more | 3848 |
years of service credit and has attained age sixty. | 3849 |
(2) Except as provided in division (B)(3) of this section, a | 3850 |
member is eligible to retire under this division if | 3851 |
the following is the case: | 3852 |
(a) The member has five or more years of qualifying service | 3853 |
credit and has attained age sixty; | 3854 |
(b) The member is applying for service retirement following | 3855 |
termination of a disability benefit received under section 3307.63 | 3856 |
or 3307.631 of the Revised Code and has five or more years of | 3857 |
total service credit; | 3858 |
(c) The member meets one of the following requirements: | 3859 |
(i) Before August 1, 2015, has twenty-five or more years of | 3860 |
service credit and has attained age fifty-five; | 3861 |
(ii) On or after August 1, 2015, but before August 1, 2017, | 3862 |
has twenty-six or more years of service credit and has attained | 3863 |
age fifty-five or has thirty or more years of service credit at | 3864 |
any age; | 3865 |
(iii) On or after August 1, 2017, but before August 1, 2019, | 3866 |
has twenty-seven or more years of service credit and has attained | 3867 |
age fifty-five or has thirty or more years of service credit at | 3868 |
any age; | 3869 |
(iv) On or after after August 1, 2019, but before August 1, | 3870 |
2021, has twenty-eight or more years of service credit and has | 3871 |
attained age fifty-five or has thirty or more years of service | 3872 |
credit at any age; | 3873 |
(v) On or after August 1, 2021, but before August 1, 2023, | 3874 |
has twenty-nine or more years of service credit and has attained | 3875 |
age fifty-five or has thirty or more years of service credit at | 3876 |
any age; | 3877 |
(vi) On or after August 1, 2023, has thirty or more years of | 3878 |
service credit at any age. | 3879 |
(3) The board may adjust the retirement eligibility | 3880 |
requirements of this section if the board's actuary, in its annual | 3881 |
actuarial valuation required by section 3307.51 of the Revised | 3882 |
Code or in other evaluations conducted under that section, | 3883 |
determines that an adjustment does not materially impair the | 3884 |
fiscal integrity of the retirement system or is necessary to | 3885 |
preserve the fiscal integrity of the system. | 3886 |
(C) Service retirement shall be effective | 3887 |
the first day of the month next following the later of: | 3888 |
(1) The last day for which compensation was paid; or | 3889 |
(2) The attainment of minimum age | 3890 |
eligibility for benefits provided under this section. | 3891 |
(D)(1) Except as provided in division (E) of this section, | 3892 |
the annual single lifetime benefit of a member whose retirement | 3893 |
effective date is before August 1, 2013, shall be the greater of | 3894 |
the amounts determined by the member's Ohio service credit | 3895 |
multiplied by one of the following: | 3896 |
(a) Eighty-six dollars; | 3897 |
(b) The sum of the following amounts: | 3898 |
(i) For each of the first thirty years of Ohio service | 3899 |
credit, two and two-tenths per cent of the member's final average | 3900 |
salary or, subject to the limitation described in division | 3901 |
(D)(1)(c) of this section, two and five-tenths per cent of the | 3902 |
member's final average salary if the member has thirty-five or | 3903 |
more years of service credit under section 3307.48, 3307.53, | 3904 |
3307.57, 3307.75, 3307.751, 3307.752, 3307.761, 3307.763, | 3905 |
3307.765, 3307.77, or 3307.771 of the Revised Code, division | 3906 |
(A)(2) or (B) of former section 3307.513 of the Revised Code, | 3907 |
former section 3307.514 of the Revised Code, section 3307.72 of | 3908 |
the Revised Code earned after July 1, 1978, or any combination of | 3909 |
service credit under those sections; | 3910 |
(ii) For each year or fraction of a year of Ohio service | 3911 |
credit in excess of thirty years, two and two-tenths per cent of | 3912 |
the member's final average salary or, subject to the limitation | 3913 |
described in division (D)(1)(c) of this section, if the member has | 3914 |
more than thirty years service credit under section 3307.48, | 3915 |
3307.53, 3307.57, 3307.75, 3307.751, 3307.752, 3307.761, 3307.763, | 3916 |
3307.765, 3307.77, or 3307.771 of the Revised Code, division | 3917 |
(A)(2) or (B) of former section 3307.513 of the Revised Code, | 3918 |
former section 3307.514 of the Revised Code, section 3307.72 of | 3919 |
the Revised Code earned after July 1, 1978, or any combination of | 3920 |
service credit under those sections, the per cent of final average | 3921 |
salary shown in the following schedule for each corresponding year | 3922 |
or fraction of a year of service credit under those sections that | 3923 |
is in excess of thirty years: | 3924 |
Year | Per | Year | Per | 3925 | |
of | Cent | of | Cent | 3926 | |
Service | for that | Service | for that | 3927 | |
Credit | Year | Credit | Year | 3928 | |
30.01 - 31.00 | 2.5% | 35.01 - 36.00 | 3.0% | 3929 | |
31.01 - 32.00 | 2.6 | 36.01 - 37.00 | 3.1 | 3930 | |
32.01 - 33.00 | 2.7 | 37.01 - 38.00 | 3.2 | 3931 | |
33.01 - 34.00 | 2.8 | 38.01 - 39.00 | 3.3 | 3932 | |
34.01 - 35.00 | 2.9 | 3933 |
For purposes of this schedule, years of service credit shall be | 3934 |
rounded to the nearest one-hundredth of a year. | 3935 |
(c) For purposes of division (D)(1) of this section, a | 3936 |
percentage of final average salary in excess of two and two-tenths | 3937 |
per cent shall be applied to service credit under section 3307.57 | 3938 |
of the Revised Code only if the service credit was established | 3939 |
under section 145.30, 145.301, 145.302, 145.47, 145.483, 3309.02, | 3940 |
3309.021, 3309.022, or 3309.47 of the Revised Code or restored | 3941 |
under section 145.31 or 3309.26 of the Revised Code. | 3942 |
(2)(a) Except as provided in division (E) of this section, | 3943 |
the annual single lifetime benefit of a member whose retirement | 3944 |
effective date is on or after August 1, 2013, but before August 1, | 3945 |
2015, shall be the amount determined by the member's Ohio service | 3946 |
credit multiplied by the sum of the following amounts: | 3947 |
(i) For each of the first thirty years of Ohio service | 3948 |
credit, two and two-tenths per cent of the member's final average | 3949 |
salary or, subject to the limitation described in division | 3950 |
(D)(2)(b) of this section, two and five-tenths per cent of the | 3951 |
member's final average salary if the member has thirty-five or | 3952 |
more years of service credit under section 3307.48, 3307.53, | 3953 |
3307.57, 3307.75, 3307.751, 3307.752, 3307.761, 3307.763, | 3954 |
3307.765, 3307.77, or 3307.771 of the Revised Code, division | 3955 |
(A)(2) or (B) of former section 3307.513 of the Revised Code, | 3956 |
former section 3307.514 of the Revised Code, section 3307.72 of | 3957 |
the Revised Code earned after July 1, 1978, or any combination of | 3958 |
service credit under those sections; | 3959 |
(ii) For each year or fraction of a year of Ohio service | 3960 |
credit in excess of thirty years, two and two-tenths per cent of | 3961 |
the member's final average salary or, subject to the limitation | 3962 |
described in division (D)(2)(b) of this section, if the member has | 3963 |
more than thirty years service credit under section 3307.48, | 3964 |
3307.53, 3307.57, 3307.75, 3307.751, 3307.752, 3307.761, 3307.763, | 3965 |
3307.765, 3307.77, or 3307.771 of the Revised Code, division | 3966 |
(A)(2) or (B) of former section 3307.513 of the Revised Code, | 3967 |
former section 3307.514 of the Revised Code, section 3307.72 of | 3968 |
the Revised Code earned after July 1, 1978, or any combination of | 3969 |
service credit under those sections, the per cent of final average | 3970 |
salary shown in the following schedule for each corresponding year | 3971 |
or fraction of a year of service credit under those sections that | 3972 |
is in excess of thirty years: | 3973 |
Year | Per | Year | Per | 3974 | |
of | Cent | of | Cent | 3975 | |
Service | for that | Service | for that | 3976 | |
Credit | Year | Credit | Year | 3977 | |
30.01 - 31.00 | 2.5% | 35.01 - 36.00 | 3.0% | 3978 | |
31.01 - 32.00 | 2.6 | 36.01 - 37.00 | 3.1 | 3979 | |
32.01 - 33.00 | 2.7 | 37.01 - 38.00 | 3.2 | 3980 | |
33.01 - 34.00 | 2.8 | 38.01 - 39.00 | 3.3 | 3981 | |
34.01 - 35.00 | 2.9 | 3982 |
For purposes of this schedule, years of service credit shall be | 3983 |
rounded to the nearest one-hundredth of a year. | 3984 |
(b) For purposes of division (D)(2)(a)(ii) of this section, a | 3985 |
percentage of final average salary in excess of two and two-tenths | 3986 |
per cent shall be applied to service credit under section 3307.57 | 3987 |
of the Revised Code only if the service credit was established | 3988 |
under section 145.30, 145.301, 145.302, 145.47, 145.483, 3309.02, | 3989 |
3309.021, 3309.022, or 3309.47 of the Revised Code or restored | 3990 |
under section 145.31 or 3309.26 of the Revised Code. | 3991 |
(3) Except as provided in division (E) of this section, the | 3992 |
annual single lifetime benefit of a member whose retirement | 3993 |
effective date is on or after August 1, 2015, shall be the amount | 3994 |
determined by the member's service credit multiplied by two and | 3995 |
two-tenths per cent of the member's final average salary. | 3996 |
(E)(1) The annual single lifetime benefit of a member | 3997 |
described in division (B)(2) of this section whose service | 3998 |
retirement is effective before August 1, 2015, shall be adjusted | 3999 |
by the greater per cent shown in the following schedule opposite | 4000 |
the member's attained age or Ohio service credit. | 4001 |
Years of | Per Cent | 4002 | |||
Attained | or | Ohio Service | of Base | 4003 | |
Age | Credit | Amount | 4004 | ||
58 | 25 | 75% | 4005 | ||
59 | 26 | 80 | 4006 | ||
60 | 27 | 85 | 4007 | ||
61 | 88 | 4008 | |||
28 | 90 | 4009 | |||
62 | 91 | 4010 | |||
63 | 94 | 4011 | |||
29 | 95 | 4012 | |||
64 | 97 | 4013 | |||
65 | 30 or more | 100 | 4014 |
(2) The annual single lifetime benefit of a member described | 4015 |
in division (B)(2) of this section whose service retirement is | 4016 |
effective on or after August 1, 2015, shall be reduced by a | 4017 |
percentage determined by the board's actuary for each year the | 4018 |
member retires before attaining the applicable age and service | 4019 |
credit specified in division (B)(1) of this section. The board's | 4020 |
actuary may use an actuarially based average percentage reduction | 4021 |
for this purpose. | 4022 |
(F) Notwithstanding any other provision of this section, on | 4023 |
application, a member who, as of July 1, 2015, has five or more | 4024 |
years of Ohio service credit and has attained age sixty, has | 4025 |
twenty-five or more years of Ohio service credit and has attained | 4026 |
age fifty-five, or has thirty or more years of Ohio service credit | 4027 |
shall be granted service retirement according to former section | 4028 |
3307.58 of the Revised Code as in effect immediately prior to | 4029 |
4030 | |
benefit shall be the greater of the amount the member would have | 4031 |
been eligible for had the member retired effective July 1, 2015, | 4032 |
or the amount determined under division (D)(3) of this section. | 4033 |
(G) The annual single lifetime benefit determined under | 4034 |
division (D) or (E) of this section shall not exceed the lesser of | 4035 |
one hundred per cent of the final average salary or the limit | 4036 |
established by section 415 of the "Internal Revenue Code of 1986," | 4037 |
100 Stat. 2085, 26 U.S.C.A. 415, as amended. | 4038 |
(H) The annual single lifetime benefit of a member whose | 4039 |
retirement effective date is before August 1, 2013, shall be the | 4040 |
greater of the amounts determined under division (D)(1) or (E)(1) | 4041 |
of this section as appropriate or under this division. The benefit | 4042 |
shall not exceed the lesser of the sum of the following amounts or | 4043 |
the limit established by section 415 of the "Internal Revenue Code | 4044 |
of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended: | 4045 |
(1) An annuity with a reserve equal to the member's | 4046 |
accumulated contributions; | 4047 |
(2) A pension equal to the amount in division (H)(1) of this | 4048 |
section; | 4049 |
(3) An additional pension of forty dollars annually | 4050 |
multiplied by the number of years of prior and military service | 4051 |
credit, except years of credit purchased under section 3307.751 or | 4052 |
3307.752 of the Revised Code. | 4053 |
(I) If a member's disability benefit was terminated under | 4054 |
section 3307.48 of the Revised Code and the member's retirement | 4055 |
under this section is effective on the first day of the month | 4056 |
following the last day for which the disability benefit was paid, | 4057 |
the member's annual single lifetime benefit determined under | 4058 |
division (D) or (E) of this section shall be increased by a | 4059 |
percentage equal to the total of any percentage increases the | 4060 |
member received under section 3307.67 of the Revised Code, plus | 4061 |
any additional amount the member received under this chapter while | 4062 |
receiving the disability benefit. The increase shall be based on | 4063 |
the plan of payment selected by the member under section 3307.60 | 4064 |
of the Revised Code. However, the benefit used to calculate any | 4065 |
future increases under section 3307.67 of the Revised Code shall | 4066 |
be based on the plan of payment selected by the member, plus any | 4067 |
additional amount added to the benefit determined under this | 4068 |
division that established a new base benefit to the member. | 4069 |
(J) Benefits determined under this section shall be paid as | 4070 |
provided in section 3307.60 of the Revised Code. | 4071 |
Sec. 3307.62. As used in this section, "qualifying service | 4072 |
credit" has the same meaning as in section 3307.58 of the Revised | 4073 |
Code. | 4074 |
(A) The state teachers retirement system shall provide | 4075 |
disability coverage to each member participating in the STRS | 4076 |
defined benefit plan who meets either of the following: | 4077 |
(1) If the member | 4078 |
account on June 30, 2013, has at least five years of qualifying | 4079 |
service credit; | 4080 |
(2) If the member did not | 4081 |
4082 | |
qualifying service credit. | 4083 |
Not later than October 16, 1992, the state teachers | 4084 |
retirement board shall give each person who is a member on July | 4085 |
29, 1992, the opportunity to elect disability coverage either | 4086 |
under former section 3307.43 of the Revised Code or under former | 4087 |
section 3307.431 of the Revised Code. The board shall mail notice | 4088 |
of the election, accompanied by an explanation of the coverage | 4089 |
under each of the Revised Code sections and a form on which the | 4090 |
election is to be made, to each member at the member's last known | 4091 |
address. The board shall also provide the explanation and form to | 4092 |
any member on the member's request. | 4093 |
Regardless of whether the member actually receives notice of | 4094 |
the right to make an election, a member who fails to file a valid | 4095 |
election under this section shall be considered to have elected | 4096 |
disability coverage under section 3307.63 of the Revised Code. To | 4097 |
be valid, an election must be made on the form provided by the | 4098 |
board, signed by the member, and filed with the board not later | 4099 |
than one hundred eighty days after the date the notice was mailed, | 4100 |
or, in the case of a form provided at the request of a member, a | 4101 |
date specified by rule of the board. Once made, an election is | 4102 |
irrevocable, but if the member ceases to be a member of the | 4103 |
system, the election is void. If a person who makes an election | 4104 |
under this section also makes an election under section 145.35 or | 4105 |
3309.39 of the Revised Code, the election made for the system that | 4106 |
pays a disability benefit to that person shall govern the benefit. | 4107 |
Disability coverage shall be provided under section 3307.631 | 4108 |
of the Revised Code for persons who become members after July 29, | 4109 |
1992, and for members who elect under this division to be covered | 4110 |
under section 3307.631 of the Revised Code. | 4111 |
The board may adopt rules governing elections made under this | 4112 |
division. | 4113 |
(B) Application for a disability benefit may be made by a | 4114 |
member, by a person acting in the member's behalf, or by the | 4115 |
member's employer and if the member has disability coverage under | 4116 |
division (A) of this section. | 4117 |
The application for a disability benefit shall be made on a | 4118 |
form approved by the board. The benefit payable to any member | 4119 |
whose application is approved shall become effective on the first | 4120 |
day of the month next following the later of the following: | 4121 |
(1) The last day for which compensation was paid; | 4122 |
(2) The | 4123 |
most recent application for a disability benefit was received by | 4124 |
the board. | 4125 |
(C) Medical examination of the member shall be conducted by a | 4126 |
competent, disinterested physician or physicians selected by the | 4127 |
board to determine whether the member is mentally or physically | 4128 |
incapacitated for the performance of duty by a disabling | 4129 |
condition, either permanent or presumed to be permanent for twelve | 4130 |
continuous months following the filing of an application. The | 4131 |
disability must have occurred since last becoming a member, or it | 4132 |
must have increased since last becoming a member to such an extent | 4133 |
as to make the disability permanent or presumably permanent for | 4134 |
twelve continuous months following the filing of an application. | 4135 |
(D) Application for a disability benefit must be made within | 4136 |
a two-year period from the date the member's contributing service | 4137 |
terminated, unless the board determines that the member's medical | 4138 |
records demonstrate conclusively that at the time the period | 4139 |
expired the member was physically or mentally incapacitated and | 4140 |
unable to make application, except that if the member did not | 4141 |
have any service credit | 4142 |
application must be made within a one-year period from the date | 4143 |
contributing service terminated. Application may not be made by | 4144 |
any person receiving service retirement benefits under section | 4145 |
3307.58 or 3307.59 of the Revised Code or any person whose | 4146 |
accumulated contributions standing to the credit of the person's | 4147 |
individual account in the teachers' savings fund have been paid | 4148 |
under section 3307.56 of the Revised Code. | 4149 |
(E) If the physician or physicians determine that the member | 4150 |
qualifies for a disability benefit, the board concurs with the | 4151 |
determination, and the member agrees to medical treatment as | 4152 |
specified in division (G) of this section, the member shall | 4153 |
receive a disability benefit under section 3307.63 or 3307.631 of | 4154 |
the Revised Code. If such physician or physicians determine that | 4155 |
the member does not qualify for a disability benefit, the report | 4156 |
of the examiner or examiners shall be evaluated by a board of | 4157 |
medical review composed of at least three physicians appointed by | 4158 |
the retirement board. | 4159 |
(F) The state teachers retirement board shall render an order | 4160 |
determining whether or not the applicant shall be granted a | 4161 |
disability benefit. Notification to the applicant shall be issued, | 4162 |
and upon the request of an applicant who is denied a disability | 4163 |
benefit, a hearing or appeal relative to such order shall be | 4164 |
conducted in accordance with procedures established by the | 4165 |
retirement board. | 4166 |
(G) The state teachers retirement board shall adopt rules | 4167 |
requiring each disability benefit recipient, as a condition of | 4168 |
continuing to receive a disability benefit, to agree in writing to | 4169 |
obtain any medical treatment recommended by the board's physician | 4170 |
and submit medical reports regarding the treatment. If the board | 4171 |
determines that a disability benefit recipient is not obtaining | 4172 |
the medical treatment or the board does not receive a required | 4173 |
medical report, the disability benefit shall be suspended until | 4174 |
the treatment is obtained, the report is received by the board, or | 4175 |
the board's physician certifies that the treatment is no longer | 4176 |
helpful or advisable. Should the recipient's failure to obtain | 4177 |
treatment or submit a medical report continue for one year, the | 4178 |
recipient's right to the disability benefit shall be terminated as | 4179 |
of the effective date of the original suspension. | 4180 |
(H) If an employer files an application for a disability | 4181 |
benefit as a result of a member having been separated from service | 4182 |
because the member is considered to be incapacitated for the | 4183 |
performance of duty, and the board denies the disability benefit, | 4184 |
the board shall so certify to the employer and the employer shall | 4185 |
restore the member to the member's previous position and salary or | 4186 |
to a similar position and salary. | 4187 |
(I) The recipient of a disability allowance under section | 4188 |
3307.631 of the Revised Code whose allowance terminates under | 4189 |
division (C)(3) of that section due to age is not eligible to do | 4190 |
either of the following: | 4191 |
(1) Retire on disability under section 3307.63 of the Revised | 4192 |
Code; | 4193 |
(2) Receive a disability allowance under section 3307.631 of | 4194 |
the Revised Code. | 4195 |
Sec. 3307.66. (A) As used in this section: | 4196 |
(1) "Physically or mentally incompetent" means incapable of | 4197 |
earning a living because of a physically or mentally disabling | 4198 |
condition. Physical or mental incompetency may be determined by a | 4199 |
court or by a doctor of medicine or osteopathic medicine appointed | 4200 |
by the state teachers retirement board. | 4201 |
(2) "Qualifying service credit" has the same meaning as in | 4202 |
section 3307.58 of the Revised Code. | 4203 |
(B) For the purposes of this section: | 4204 |
(1) A qualified spouse is the surviving spouse of a deceased | 4205 |
member of the state teachers retirement system participating in | 4206 |
the STRS defined benefit plan who is one of the following: | 4207 |
(a) Sixty-two years of age or older or any age if the | 4208 |
deceased member had ten or more years of Ohio service credit; | 4209 |
(b) Caring for a qualified child; | 4210 |
(c) Adjudged physically or mentally incompetent at the time | 4211 |
of the member's death and has remained continuously incompetent; | 4212 |
(d) Any age if the deceased member was eligible for a service | 4213 |
retirement allowance as provided in section 3307.58 of the Revised | 4214 |
Code and the surviving spouse elects to receive a benefit under | 4215 |
division (C)(1) of this section. | 4216 |
(2) A qualified child is a person who is the child of a | 4217 |
deceased member participating in the STRS defined benefit plan to | 4218 |
whom both of the following apply: | 4219 |
(a) Never married; | 4220 |
(b) Meets one of the following age-related requirements: | 4221 |
(i) Is under age eighteen; | 4222 |
(ii) Is under age twenty-two if attending an institution of | 4223 |
learning or training pursuant to a program designed to complete in | 4224 |
each school year the equivalent of at least two-thirds of the | 4225 |
full-time curriculum requirements of such institution and as | 4226 |
further determined by board policy; | 4227 |
(iii) Is any age if adjudged physically or mentally | 4228 |
incompetent, if the person became incompetent prior to attainment | 4229 |
of age eighteen or prior to age twenty-two if attending an | 4230 |
institution of learning or training described in division | 4231 |
(B)(2)(b)(ii) of this section, and has remained continuously | 4232 |
incompetent. | 4233 |
(3) A qualified parent is a dependent parent of a deceased | 4234 |
member participating in the STRS defined benefit plan who is age | 4235 |
sixty-five or older. | 4236 |
(4) A person is a "qualified survivor" if the person | 4237 |
qualifies as a surviving spouse, child, or dependent parent. | 4238 |
(C) Except as provided in division (G)(1) of this section, in | 4239 |
lieu of accepting the payment of the accumulated account of a | 4240 |
member participating in the STRS defined benefit plan who dies | 4241 |
before service retirement, a beneficiary, as determined in section | 4242 |
3307.562 of the Revised Code, may elect to forfeit the accumulated | 4243 |
account and to substitute benefits under this division. | 4244 |
(1) If a deceased member was eligible for a service | 4245 |
retirement allowance as provided in section 3307.58 or 3307.59 of | 4246 |
the Revised Code, a surviving spouse or an individual designated | 4247 |
as the member's sole beneficiary pursuant to division (B) of | 4248 |
section 3307.562 of the Revised Code who was a qualified child or | 4249 |
dependent parent of the member or received one-half or more of | 4250 |
support from the member during the twelve-month period preceding | 4251 |
the member's death may elect to receive a monthly benefit computed | 4252 |
as the joint-survivor allowance designated as option 1 in section | 4253 |
3307.60 of the Revised Code, which the member would have received | 4254 |
had the member retired on the last day of the month of death and | 4255 |
had the member at that time selected such joint-survivor plan. | 4256 |
(2)(a) A surviving spouse or other qualified survivor may | 4257 |
elect to receive monthly benefits under division (C)(2) of this | 4258 |
section if any of the following apply: | 4259 |
(i) The deceased member | 4260 |
4261 | |
one-half years of qualifying service credit, with at least | 4262 |
one-quarter year of qualifying service credit within the two and | 4263 |
one-half years prior to the date of death, or, if the member | 4264 |
did not | 4265 |
June 30, 2013, had completed at least five years of qualifying | 4266 |
service credit and died not later than one year after the date | 4267 |
contributing service terminated. | 4268 |
(ii) The member was receiving at the time of death a | 4269 |
disability benefit as provided in section 3307.63 or 3307.631 of | 4270 |
the Revised Code. | 4271 |
(iii) The member was receiving, within twelve months prior to | 4272 |
the date of death, a disability benefit as provided in section | 4273 |
3307.63 or 3307.631 of the Revised Code and was contributing under | 4274 |
this chapter or Chapter 145. or 3309. of the Revised Code at the | 4275 |
time of death. | 4276 |
(b) The surviving spouse or other qualified survivor shall | 4277 |
elect one of the following methods of calculating benefits elected | 4278 |
under division (C)(2) of this section, which shall, except as | 4279 |
provided in division (G)(1) of this section, remain in effect | 4280 |
without regard to any change in the number of qualified survivors: | 4281 |
Or | 4282 | |||||
(i) Number | Annual benefit as a | Monthly benefit | 4283 | |||
of qualified | per cent of member's | shall not be | 4284 | |||
survivors | final average salary | less than | 4285 |
1 | 25% | $ 96 | 4286 | ||||
2 | 40 | 186 | 4287 | ||||
3 | 50 | 236 | 4288 | ||||
4 | 55 | 236 | 4289 | ||||
5 or more | 60 | 236 | 4290 |
Annual benefit as a | 4291 | ||||
per cent of member's | 4292 | ||||
(ii) Years of service | final average salary | 4293 |
20 | 29% | 4294 | |||
21 | 33 | 4295 | |||
22 | 37 | 4296 | |||
23 | 41 | 4297 | |||
24 | 45 | 4298 | |||
25 | 48 | 4299 | |||
26 | 51 | 4300 | |||
27 | 54 | 4301 | |||
28 | 57 | 4302 | |||
29 or more | 60 | 4303 |
(3)(a) If at the time of death the deceased member was | 4304 |
receiving a disability benefit under section 3307.63 or 3307.631 | 4305 |
of the Revised Code, the benefit elected under division (C)(1) or | 4306 |
(2) of this section shall be increased by a percentage equal to | 4307 |
the total of any percentage increases the member received under | 4308 |
section 3307.67 of the Revised Code, plus any additional amount | 4309 |
the member received under this chapter while receiving the | 4310 |
disability benefit. The increase shall be based on the benefit | 4311 |
determined under division (C)(1) or (2) of this section. However, | 4312 |
the benefit used to calculate any future increases under section | 4313 |
3307.67 of the Revised Code shall be the benefit determined under | 4314 |
division (C)(1) or (2) of this section. | 4315 |
(b) If eligibility for a benefit under division (C)(1) or (2) | 4316 |
of this section is not established until more than one year after | 4317 |
the member's death, the annual benefit shall be increased by a | 4318 |
percentage equal to the total of the percentage increases that | 4319 |
would have been made under section 3307.67 of the Revised Code, | 4320 |
plus any additional amount that would have been paid under this | 4321 |
chapter had the benefit begun in the year in which the member | 4322 |
died. However, the benefit used to calculate any future increases | 4323 |
under section 3307.67 of the Revised Code shall be the benefit | 4324 |
determined under division (C)(1) or (2) of this section, plus any | 4325 |
additional amounts added to the benefit determined under this | 4326 |
division that established a new base benefit to the deceased | 4327 |
member. | 4328 |
(D) If a benefit is calculated pursuant to division | 4329 |
(C)(2)(b)(i) of this section, benefits to a surviving spouse shall | 4330 |
be paid in the amount determined for the first qualifying survivor | 4331 |
in division (C)(2)(b)(i) of this section, but shall not be less | 4332 |
than one hundred six dollars per month if the deceased member had | 4333 |
ten or more years of qualifying service credit. All other | 4334 |
qualifying survivors shall share equally in the benefit or | 4335 |
remaining portion thereof. | 4336 |
If a benefit is calculated pursuant to division (C)(2)(b)(ii) | 4337 |
of this section and is payable to more than one qualified | 4338 |
survivor, the benefit shall be apportioned equally among the | 4339 |
qualified survivors, except that if there is a surviving spouse, | 4340 |
the portion of the benefit allocated to the surviving spouse shall | 4341 |
be as follows: | 4342 |
Number of | 4343 | ||||
survivors | Spouse's share of total benefit | 4344 | |||
2 | 62.5% | 4345 | |||
3 | 50.0% | 4346 | |||
4 | 45.45% | 4347 | |||
5 or more | 41.67% | 4348 |
(E) A qualified survivor shall file with the board an | 4349 |
application for benefits payable under this section. Payments | 4350 |
shall begin on whichever of the following applies: | 4351 |
(1) If application is received not later than one year after | 4352 |
the date of the member's death, benefits shall begin on the first | 4353 |
day of the month following the date of death. | 4354 |
(2) If application is received later than one year from the | 4355 |
date of death, benefits shall begin on the first day of the month | 4356 |
immediately following receipt of application by the board. | 4357 |
Benefits to a qualified survivor shall terminate upon a first | 4358 |
marriage, abandonment, or adoption. The termination of benefits is | 4359 |
effective on the first day of the month following the day the | 4360 |
person ceases to be a qualified survivor. Benefits to a deceased | 4361 |
member's surviving spouse that were terminated under a former | 4362 |
version of this section that required termination due to | 4363 |
remarriage and were not resumed prior to the effective date of | 4364 |
this amendment shall resume on the first day of the month | 4365 |
immediately following receipt by the board of an application on a | 4366 |
form provided by the board. | 4367 |
Upon the death of any subsequent spouse who was a member of | 4368 |
the public employees retirement system, state teachers retirement | 4369 |
system, or school employees retirement system, the surviving | 4370 |
spouse of such member may elect to continue receiving benefits | 4371 |
under this division, or to receive survivor's benefits, based upon | 4372 |
the subsequent spouse's membership in one or more of the systems, | 4373 |
for which such surviving spouse is eligible under this section or | 4374 |
section 145.45 or 3309.45 of the Revised Code. If the surviving | 4375 |
spouse elects to continue receiving benefits under this division, | 4376 |
such election shall not preclude the payment of benefits under | 4377 |
this division to any other qualified survivor. | 4378 |
(F) The beneficiary of a member who is also a member of the | 4379 |
public employees retirement system, or the school employees | 4380 |
retirement system, must forfeit the member's accumulated | 4381 |
contributions in those systems, if the beneficiary elects to | 4382 |
receive a benefit under division (C) of this section. Such benefit | 4383 |
shall be exclusively governed by section 3307.57 of the Revised | 4384 |
Code. | 4385 |
(G)(1) Regardless of whether the member is survived by a | 4386 |
spouse or designated beneficiary, if the state teachers retirement | 4387 |
system receives notice that a deceased member described in | 4388 |
division (C)(1) or (2) of this section has one or more qualified | 4389 |
children, all persons who are qualified survivors under division | 4390 |
(C)(2) of this section shall receive monthly benefits as provided | 4391 |
in division (C)(2) of this section. | 4392 |
If, after determining the monthly benefits to be paid under | 4393 |
division (C)(2) of this section, the system receives notice that | 4394 |
there is a qualified survivor who was not considered when the | 4395 |
determination was made, the system shall, notwithstanding section | 4396 |
3307.42 of the Revised Code, recalculate the monthly benefits with | 4397 |
that qualified survivor included, even if the benefits to | 4398 |
qualified survivors already receiving benefits are reduced as a | 4399 |
result. The benefits shall be calculated as if the qualified | 4400 |
survivor who is the subject of the notice became eligible on the | 4401 |
date the notice was received and shall be paid to qualified | 4402 |
survivors effective on the first day of the first month following | 4403 |
the system's receipt of the notice. | 4404 |
If the system did not receive notice that a deceased member | 4405 |
has one or more qualified children prior to making payment under | 4406 |
section 3307.562 of the Revised Code to a beneficiary as | 4407 |
determined by the system, the payment is a full discharge and | 4408 |
release of the system from any future claims under this section or | 4409 |
section 3307.562 of the Revised Code. | 4410 |
(2) If benefits under division (C)(2) of this section to all | 4411 |
persons, or to all persons other than a surviving spouse or sole | 4412 |
beneficiary, terminate, there are no children under the age of | 4413 |
twenty-two years, and the surviving spouse or beneficiary | 4414 |
qualifies for benefits under division (C)(1) of this section, the | 4415 |
surviving spouse or beneficiary may elect to receive benefits | 4416 |
under division (C)(1) of this section. The benefit shall be | 4417 |
calculated based on the age of the spouse or beneficiary at the | 4418 |
time of the member's death and is effective on the first day of | 4419 |
the month following receipt by the board of an application for | 4420 |
benefits under division (C)(1) of this section. | 4421 |
(H) If the benefits due and paid under division (C) of this | 4422 |
section are in a total amount less than the member's accumulated | 4423 |
account that was transferred from the teachers' savings fund, | 4424 |
school employees retirement fund, and public employees retirement | 4425 |
fund, to the survivors' benefit fund, then the difference between | 4426 |
the total amount of the benefits paid shall be paid to the | 4427 |
beneficiary under section 3307.562 of the Revised Code. | 4428 |
Sec. 3307.70. (A) A member of the state teachers retirement | 4429 |
system who elects to purchase service credit described in section | 4430 |
3307.73, 3307.74, 3307.751, 3307.76, 3307.771, or 3307.78 of the | 4431 |
Revised Code shall do both of the following: | 4432 |
(1) Submit an application to the state teachers retirement | 4433 |
board in a manner or form approved by the board; | 4434 |
(2)(a) If the purchase will be completed not later than | 4435 |
December 31, 2013, for each year, or portion of a year, of credit | 4436 |
purchased, pay to the | 4437 |
specified by former section 3307.73, 3307.74, 3307.751, 3307.76, | 4438 |
3307.771, or 3307.78 of the Revised Code as the appropriate | 4439 |
section existed immediately before | 4440 |
4441 |
(b) If the purchase will not be completed until on or after | 4442 |
January 1, 2014, for each year, or portion of a year, of credit | 4443 |
purchased, pay to the | 4444 |
specified by the board that is equal to one hundred per cent of | 4445 |
the actuarial liability resulting from the purchase of that year | 4446 |
or portion of a year of credit as determined by an actuary | 4447 |
employed by the board. | 4448 |
(c) If, on | 4449 |
2013, the purchase is being made through a payroll deduction plan | 4450 |
under section 3307.701 of the Revised Code and at least one | 4451 |
deduction has been made, pay to the | 4452 |
fund the amount specified by former section 3307.73, 3307.74, | 4453 |
3307.751, 3307.76, 3307.771, or 3307.78 of the Revised Code as the | 4454 |
appropriate section existed immediately before | 4455 |
4456 |
(B)(1) A purchase shall be considered completed for purposes | 4457 |
of division (A)(2)(a) of this section only if the member's | 4458 |
application is received by the retirement system as completed not | 4459 |
later than December 31, 2013, and all payments are received by the | 4460 |
retirement system not later than June 30, 2014. | 4461 |
(2) A member purchasing credit through a payroll deduction | 4462 |
plan under division (A) | 4463 |
single payment the balance of the cost of the credit. | 4464 |
(C) Subject to board rules, a member may choose to purchase | 4465 |
only part of any eligible service credit in any one payment. | 4466 |
(D) The board shall adopt rules establishing criteria for | 4467 |
determining eligibility for purchases of service credit and | 4468 |
procedures for purchases of credit under this section. | 4469 |
Any determination of the board under this section shall be | 4470 |
final. | 4471 |
(E) Service credit purchased under this section shall be | 4472 |
included in the member's total service credit. | 4473 |
If a member dies or withdraws from service, any payment made | 4474 |
by the member under this section shall be considered as | 4475 |
accumulated contributions of the member. | 4476 |
Sec. 3307.71. (A)(1) Except as provided in this section, | 4477 |
section 3305.05, or section 3305.051 of the Revised Code, a member | 4478 |
or former member of the state teachers retirement system | 4479 |
participating in the STRS defined benefit plan who has at least | 4480 |
one and one-half years of contributing service credit in this | 4481 |
system, the public employees retirement system, the school | 4482 |
employees retirement system, the Ohio police and fire pension | 4483 |
fund, or the state highway patrol retirement system after the | 4484 |
withdrawal and cancellation of service credit in this system may | 4485 |
restore all or part of such service credit by repayment of the | 4486 |
amount withdrawn. To this amount shall be added interest at a rate | 4487 |
per annum, compounded annually, to be determined by the state | 4488 |
teachers retirement board. Interest shall be payable from the | 4489 |
first of the month of withdrawal through the month of repayment. | 4490 |
(2) If the accumulated contributions were withdrawn under | 4491 |
section 3307.561 of the Revised Code, service credit may be | 4492 |
restored only if the member or former member accrued one and | 4493 |
one-half years of service credit after the withdrawal and | 4494 |
cancellation of service credit in this system. | 4495 |
(B) A member may choose to purchase only part of such credit | 4496 |
in any one payment. The cost for restoring partial service shall | 4497 |
be calculated as the proportion that it bears to the total cost at | 4498 |
the time of purchase and is subject to the rules established by | 4499 |
the board. If a former member is eligible to buy the service | 4500 |
credit as a member of the Ohio police and fire pension fund, the | 4501 |
state highway patrol retirement system, or the city of Cincinnati | 4502 |
Retirement System, the former member is ineligible to restore that | 4503 |
service credit under this section. | 4504 |
(C) The total payment to restore canceled service credit | 4505 |
shall be credited as follows: | 4506 |
| 4507 |
section 3307.26 of the Revised Code, plus any interest on the | 4508 |
contributions paid by the member pursuant to this section, to the | 4509 |
member's account in the teachers' savings fund; | 4510 |
| 4511 |
3307.563 of the Revised Code, to the employers trust fund; | 4512 |
| 4513 |
service credit, to the guarantee fund. | 4514 |
Sec. 3307.711. (A) A member of the state teachers retirement | 4515 |
system who has at least eighteen months of contributing service | 4516 |
credit in the system, the police and firemen's disability and | 4517 |
pension fund, public employees retirement system, school employees | 4518 |
retirement system, or state highway patrol retirement system, and | 4519 |
is a former member of or no longer contributing to the public | 4520 |
employees retirement system or school employees retirement system | 4521 |
may restore service credit under section 145.31 or 3309.26 of the | 4522 |
Revised Code by making payments pursuant to this section through a | 4523 |
payroll deduction plan established under section 3307.701 of the | 4524 |
Revised Code. A member seeking to restore this service credit | 4525 |
shall notify the state teachers retirement system on a form | 4526 |
approved by the state teachers retirement board. After receiving | 4527 |
the notice, the state teachers retirement system shall request | 4528 |
that the former retirement system calculate under section 145.312 | 4529 |
or 3309.262 of the Revised Code the cost to the member to restore | 4530 |
service credit for each year or portion of a year of service for | 4531 |
which the member seeks to restore the service credit. The amount | 4532 |
the former retirement system certifies as the cost of restoring | 4533 |
the service credit, plus interest described in division (B) of | 4534 |
this section, is the cost to the member of restoring the service | 4535 |
credit. On receiving the certification from the former retirement | 4536 |
system, the state teachers retirement system shall notify the | 4537 |
member of the cost. | 4538 |
(B) For each year or portion of a year of service credit | 4539 |
restored under section 145.31 or 3309.26 of the Revised Code, a | 4540 |
member shall pay to the state teachers retirement system the | 4541 |
amount certified by the former retirement system plus interest at | 4542 |
a rate specified by the former retirement system under section | 4543 |
145.312 or 3309.262 of the Revised Code for the period during | 4544 |
which deductions are made under section 3307.701 of the Revised | 4545 |
Code. | 4546 |
(C) The state teachers retirement board shall at least | 4547 |
annually | 4548 |
4549 | |
under section 145.31 or 3309.26 of the Revised Code | 4550 |
4551 | |
4552 | |
service credit for the year or portion of a year for which the | 4553 |
payment was made. | 4554 |
(D) | 4555 |
4556 | |
4557 | |
4558 | |
4559 | |
4560 | |
4561 | |
4562 |
| 4563 |
Sec. 3307.73. (A) | 4564 |
system" and "transferring system" have the same meanings as in | 4565 |
section 3307.57 of the Revised Code. | 4566 |
(B)(1) Except as provided in division | 4567 |
section, a member of the state teachers retirement system | 4568 |
participating in the STRS defined benefit plan who has at least | 4569 |
eighteen months of contributing service in the system, the public | 4570 |
employees retirement system, or school employees retirement system | 4571 |
who chose to be exempted from membership in one or more of the | 4572 |
systems pursuant to section 145.03, or 3309.23 of the Revised | 4573 |
Code, or former section 3307.25 or 3309.25 of the Revised Code, or | 4574 |
was exempt under section 3307.24 of the Revised Code, may purchase | 4575 |
credit under section 3307.70 of the Revised Code for each year or | 4576 |
portion of a year of service for which the member was exempted. | 4577 |
(2) A member may not purchase credit for service that was | 4578 |
exempted from contribution under section 3307.24 of the Revised | 4579 |
Code and subject to the tax on wages imposed by the "Federal | 4580 |
Insurance Contributions Act," 68A Stat. 415 (1954), 26 U.S.C.A. | 4581 |
3101, as amended. | 4582 |
| 4583 |
year of service for any twelve-month period. If the period of | 4584 |
service for which credit is purchasable is concurrent with a | 4585 |
period of service that will be used to calculate a retirement | 4586 |
benefit from this system, the public employees retirement system, | 4587 |
or school employees retirement system, the amount of the credit | 4588 |
shall be adjusted in accordance with rules adopted by the board. | 4589 |
| 4590 |
retirement system or school employees retirement system shall | 4591 |
purchase credit for any service for which the member exempted the | 4592 |
member's self under section 145.03 or 3309.23 of the Revised Code, | 4593 |
or former section 3307.25 or 3309.25 of the Revised Code, or was | 4594 |
exempt under section 3307.24 of the Revised Code, from the | 4595 |
retirement system in which the member has the greatest number of | 4596 |
years of service credit. If the member receives benefits under | 4597 |
section 3307.57 of the Revised Code, the | 4598 |
that | 4599 |
system under that section shall receive from the | 4600 |
systems that are the transferring systems the amounts paid by the | 4601 |
member for purchase of credit for exempt service plus interest at | 4602 |
the actuarial assumption rate of the transferring system | 4603 |
4604 | |
date of the member's last payment for purchase of the credit and | 4605 |
ending on the date of the member's retirement. | 4606 |
Sec. 3309.01. As used in this chapter: | 4607 |
(A) "Employer" or "public employer" means boards of | 4608 |
education, school districts, joint vocational districts, governing | 4609 |
authorities of community schools established under Chapter 3314. | 4610 |
of the Revised Code, a science, technology, engineering, and | 4611 |
mathematics school established under Chapter 3326. of the Revised | 4612 |
Code, educational institutions, technical colleges, state, | 4613 |
municipal, and community colleges, community college branches, | 4614 |
universities, university branches, other educational institutions, | 4615 |
or other agencies within the state by which an employee is | 4616 |
employed and paid, including any organization using federal funds, | 4617 |
provided the federal funds are disbursed by an employer as | 4618 |
determined by the above. In all cases of doubt, the school | 4619 |
employees retirement board shall determine whether any employer is | 4620 |
an employer as defined in this chapter, and its decision shall be | 4621 |
final. | 4622 |
(B) "Employee" means all of the following: | 4623 |
(1) Any person employed by a public employer in a position | 4624 |
for which the person is not required to have a certificate or | 4625 |
license issued pursuant to sections 3319.22 to 3319.31 of the | 4626 |
Revised Code; | 4627 |
(2) Any person who performs a service common to the normal | 4628 |
daily operation of an educational unit even though the person is | 4629 |
employed and paid by one who has contracted with an employer to | 4630 |
perform the service, and the contracting board or educational unit | 4631 |
shall be the employer for the purposes of administering the | 4632 |
provisions of this chapter; | 4633 |
(3) Any person, not a faculty member, employed in any school | 4634 |
or college or other institution wholly controlled and managed, and | 4635 |
wholly or partly supported by the state or any political | 4636 |
subdivision thereof, the board of trustees, or other managing body | 4637 |
of which shall accept the requirements and obligations of this | 4638 |
chapter. | 4639 |
In all cases of doubt, the school employees retirement board | 4640 |
shall determine whether any person is an employee, as defined in | 4641 |
this division, and its decision is final. | 4642 |
(C) "Prior service" means all service rendered prior to | 4643 |
September 1, 1937: | 4644 |
(1) As an employee as defined in division (B) of this | 4645 |
section; | 4646 |
(2) As an employee in a capacity covered by the public | 4647 |
employees retirement system or the state teachers retirement | 4648 |
system; | 4649 |
(3) As an employee of an institution in another state, | 4650 |
service credit for which was procured by a member under the | 4651 |
provisions of section 3309.31 of the Revised Code. | 4652 |
Prior service, for service as an employee in a capacity | 4653 |
covered by the public employees retirement system or the state | 4654 |
teachers retirement system, shall be granted a member under | 4655 |
qualifications identical to the laws and rules applicable to | 4656 |
service credit in those systems. | 4657 |
Prior service shall not be granted any member for service | 4658 |
rendered in a capacity covered by the public employees retirement | 4659 |
system, the state teachers retirement system, and this system in | 4660 |
the event the service credit has, in the respective systems, been | 4661 |
received, waived by exemption, or forfeited by withdrawal of | 4662 |
contributions, except as provided in this chapter. | 4663 |
If a member who has been granted prior service should, | 4664 |
subsequent to September 16, 1957, and before retirement, establish | 4665 |
three years of contributing service in the public employees | 4666 |
retirement system, or one year in the state teachers retirement | 4667 |
system, then the prior service granted shall become, at | 4668 |
retirement, the liability of the other system, if the prior | 4669 |
service or employment was in a capacity that is covered by that | 4670 |
system. | 4671 |
The provisions of this division shall not cancel any prior | 4672 |
service granted a member by the school employees retirement board | 4673 |
prior to August 1, 1959. | 4674 |
(D) "Total service," "total service credit," or "Ohio service | 4675 |
credit" means all contributing service of a member of the school | 4676 |
employees retirement system, and all prior service, computed as | 4677 |
provided in this chapter, and all service established pursuant to | 4678 |
sections 3309.31, 3309.311, and 3309.33 of the Revised Code. In | 4679 |
addition, "total service" includes any period, not in excess of | 4680 |
three years, during which a member was out of service and | 4681 |
receiving benefits from the state insurance fund, provided the | 4682 |
injury or incapacitation was the direct result of school | 4683 |
employment. | 4684 |
(E) "Member" means any employee, except an SERS retirant or | 4685 |
other system retirant as defined in section 3309.341 of the | 4686 |
Revised Code, who has established membership in the school | 4687 |
employees retirement system. "Member" includes a disability | 4688 |
benefit recipient. | 4689 |
(F) "Contributor" means any person who has an account in the | 4690 |
employees' savings fund. When used in the sections listed in | 4691 |
division (B) of section 3309.82 of the Revised Code, "contributor" | 4692 |
includes any person participating in a plan established under | 4693 |
section 3309.81 of the Revised Code. | 4694 |
(G) "Retirant" means any former member who retired and is | 4695 |
receiving a service retirement allowance or commuted service | 4696 |
retirement allowance as provided in this chapter. | 4697 |
(H) "Beneficiary" or "beneficiaries" means the estate or a | 4698 |
person or persons who, as the result of the death of a contributor | 4699 |
or retirant, qualifies for or is receiving some right or benefit | 4700 |
under this chapter. | 4701 |
(I) "Interest," as specified in division (E) of section | 4702 |
3309.60 of the Revised Code, means interest at the rates for the | 4703 |
respective funds and accounts as the school employees retirement | 4704 |
board may determine from time to time, except as follows: | 4705 |
(1) The rate of interest credited on employee contributions | 4706 |
at retirement shall be four per cent per annum, compounded | 4707 |
annually, to and including June 30, 1955; three per cent per | 4708 |
annum, compounded annually, from July 1, 1955, to and including | 4709 |
June 30, 1963; three and one-quarter per cent per annum, | 4710 |
compounded annually, from July 1, 1963, through June 30, 1966; and | 4711 |
thereafter, four per cent per annum compounded annually until a | 4712 |
change in the amount is recommended by the system's actuary and | 4713 |
approved by the retirement board. Subsequent to June 30, 1959, the | 4714 |
retirement board shall discontinue the annual crediting of current | 4715 |
interest on a contributor's accumulated contributions. | 4716 |
Noncrediting of current interest shall not affect the rate of | 4717 |
interest at retirement guaranteed under this division. | 4718 |
(2) In determining the reserve value for purposes of | 4719 |
computing the amount of the contributor's annuity, the rate of | 4720 |
interest used in the annuity values shall be four per cent per | 4721 |
annum through September 30, 1956; three per cent per annum | 4722 |
compounded annually from October 1, 1956, through June 30, 1963; | 4723 |
three and one-quarter per cent per annum compounded annually from | 4724 |
July 1, 1963, through June 30, 1966; and, thereafter, four per | 4725 |
cent per annum compounded annually until a change in the amount is | 4726 |
recommended by the system's actuary and approved by the retirement | 4727 |
board. In the purchase of out-of-state service credit as provided | 4728 |
in section 3309.31 of the Revised Code, and in the purchase of an | 4729 |
additional annuity, as provided in section 3309.47 of the Revised | 4730 |
Code, interest shall be computed and credited to reserves therefor | 4731 |
at the rate the school employees retirement board shall fix as | 4732 |
regular interest thereon. | 4733 |
(J) "Accumulated contributions" means the sum of all amounts | 4734 |
credited to a contributor's account in the employees' savings fund | 4735 |
together with any regular interest credited thereon at the rates | 4736 |
approved by the retirement board prior to retirement. | 4737 |
(K) "Final average salary" means the sum of the annual | 4738 |
compensation for the three highest years of compensation for which | 4739 |
contributions were made by the member, divided by three. If the | 4740 |
member has a partial year of contributing service in the year in | 4741 |
which the member terminates employment and the partial year is at | 4742 |
a rate of compensation that is higher than the rate of | 4743 |
compensation for any one of the highest three years of annual | 4744 |
earnings, the board shall substitute the compensation earned for | 4745 |
the partial year for the compensation earned for a similar | 4746 |
fractional portion in the lowest of the three high years of annual | 4747 |
compensation before dividing by three. If a member has less than | 4748 |
three years of contributing membership, the final average salary | 4749 |
shall be the total compensation divided by the total number of | 4750 |
years, including any fraction of a year, of contributing service. | 4751 |
(L) "Annuity" means payments for life derived from | 4752 |
contributions made by a contributor and paid from the annuity and | 4753 |
pension reserve fund as provided in this chapter. All annuities | 4754 |
shall be paid in twelve equal monthly installments. | 4755 |
(M)(1) "Pension" means annual payments for life derived from | 4756 |
appropriations made by an employer and paid from the employers' | 4757 |
trust fund or the annuity and pension reserve fund. All pensions | 4758 |
shall be paid in twelve equal monthly installments. | 4759 |
(2) "Disability retirement" means retirement as provided in | 4760 |
section 3309.40 of the Revised Code. | 4761 |
(N) "Retirement allowance" means the pension plus the | 4762 |
annuity. | 4763 |
(O)(1) "Benefit" means a payment, other than a retirement | 4764 |
allowance or the annuity paid under section | 4765 |
the Revised Code, payable from the accumulated contributions of | 4766 |
the member or the employer, or both, under this chapter and | 4767 |
includes a disability allowance or disability benefit. | 4768 |
(2) "Disability allowance" means an allowance paid on account | 4769 |
of disability under section 3309.401 of the Revised Code. | 4770 |
(3) "Disability benefit" means a benefit paid as disability | 4771 |
retirement under section 3309.40 of the Revised Code, as a | 4772 |
disability allowance under section 3309.401 of the Revised Code, | 4773 |
or as a disability benefit under section 3309.35 of the Revised | 4774 |
Code. | 4775 |
(P) "Annuity reserve" means the present value, computed upon | 4776 |
the basis of mortality tables adopted by the school employees | 4777 |
retirement board, of all payments to be made on account of any | 4778 |
annuity, or benefit in lieu of any annuity, granted to a retirant. | 4779 |
(Q) "Pension reserve" means the present value, computed upon | 4780 |
the basis of mortality tables adopted by the school employees | 4781 |
retirement board, of all payments to be made on account of any | 4782 |
pension, or benefit in lieu of any pension, granted to a retirant | 4783 |
or a beneficiary. | 4784 |
(R) "Year" means the year beginning the first day of July and | 4785 |
ending with the thirtieth day of June next following. | 4786 |
(S) "Local district pension system" means any school | 4787 |
employees' pension fund created in any school district of the | 4788 |
state prior to September 1, 1937. | 4789 |
(T) "Employer contribution" means the amount paid by an | 4790 |
employer as determined under section 3309.49 of the Revised Code. | 4791 |
(U) "Fiduciary" means a person who does any of the following: | 4792 |
(1) Exercises any discretionary authority or control with | 4793 |
respect to the management of the system, or with respect to the | 4794 |
management or disposition of its assets; | 4795 |
(2) Renders investment advice for a fee, direct or indirect, | 4796 |
with respect to money or property of the system; | 4797 |
(3) Has any discretionary authority or responsibility in the | 4798 |
administration of the system. | 4799 |
(V)(1) Except as otherwise provided in this division, | 4800 |
"compensation" means all salary, wages, and other earnings paid to | 4801 |
a contributor by reason of employment. The salary, wages, and | 4802 |
other earnings shall be determined prior to determination of the | 4803 |
amount required to be contributed to the employees' savings fund | 4804 |
under section 3309.47 of the Revised Code and without regard to | 4805 |
whether any of the salary, wages, or other earnings are treated as | 4806 |
deferred income for federal income tax purposes. | 4807 |
(2) Compensation does not include any of the following: | 4808 |
(a) Payments for accrued but unused sick leave or personal | 4809 |
leave, including payments made under a plan established pursuant | 4810 |
to section 124.39 of the Revised Code or any other plan | 4811 |
established by the employer; | 4812 |
(b) Payments made for accrued but unused vacation leave, | 4813 |
including payments made pursuant to section 124.13 of the Revised | 4814 |
Code or a plan established by the employer; | 4815 |
(c) Payments made for vacation pay covering concurrent | 4816 |
periods for which other salary or compensation is also paid or | 4817 |
during which benefits are paid under this chapter; | 4818 |
(d) Amounts paid by the employer to provide life insurance, | 4819 |
sickness, accident, endowment, health, medical, hospital, dental, | 4820 |
or surgical coverage, or other insurance for the contributor or | 4821 |
the contributor's family, or amounts paid by the employer to the | 4822 |
contributor in lieu of providing the insurance; | 4823 |
(e) Incidental benefits, including lodging, food, laundry, | 4824 |
parking, or services furnished by the employer, use of the | 4825 |
employer's property or equipment, and reimbursement for | 4826 |
job-related expenses authorized by the employer, including moving | 4827 |
and travel expenses and expenses related to professional | 4828 |
development; | 4829 |
(f) Payments made to or on behalf of a contributor that are | 4830 |
in excess of the annual compensation that may be taken into | 4831 |
account by the retirement system under division (a)(17) of section | 4832 |
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 | 4833 |
U.S.C.A. 401(a)(17), as amended. For a contributor who first | 4834 |
establishes membership before July 1, 1996, the annual | 4835 |
compensation that may be taken into account by the retirement | 4836 |
system shall be determined under division (d)(3) of section 13212 | 4837 |
of the "Omnibus Budget Reconciliation Act of 1993," Pub. L. No. | 4838 |
103-66, 107 Stat. 472; | 4839 |
(g) Payments made under division (B), (C), or (E) of section | 4840 |
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill | 4841 |
No. 3 of the 119th general assembly, Section 3 of Amended | 4842 |
Substitute Senate Bill No. 164 of the 124th general assembly, or | 4843 |
Amended Substitute House Bill No. 405 of the 124th general | 4844 |
assembly; | 4845 |
(h) Anything of value received by the contributor that is | 4846 |
based on or attributable to retirement or an agreement to retire, | 4847 |
except that payments made on or before January 1, 1989, that are | 4848 |
based on or attributable to an agreement to retire shall be | 4849 |
included in compensation if both of the following apply: | 4850 |
(i) The payments are made in accordance with contract | 4851 |
provisions that were in effect prior to January 1, 1986. | 4852 |
(ii) The employer pays the retirement system an amount | 4853 |
specified by the retirement board equal to the additional | 4854 |
liability from the payments. | 4855 |
(3) The retirement board shall determine by rule whether any | 4856 |
form of earnings not enumerated in this division is to be included | 4857 |
in compensation, and its decision shall be final. | 4858 |
(W) "Disability benefit recipient" means a member who is | 4859 |
receiving a disability benefit. | 4860 |
(X) "Actuary" means an individual who satisfies all of the | 4861 |
following requirements: | 4862 |
(1) Is a member of the American academy of actuaries; | 4863 |
(2) Is an associate or fellow of the society of actuaries; | 4864 |
(3) Has a minimum of five years' experience in providing | 4865 |
actuarial services to public retirement plans. | 4866 |
Sec. 3309.11. The school employees retirement board shall | 4867 |
elect, from its membership, a | 4868 |
employ an executive director who shall serve as secretary | 4869 |
4870 |
Sec. 3309.26. (A) The membership of any person in the school | 4871 |
employees retirement system shall terminate if the person | 4872 |
withdraws the person's accumulated contributions, retires on a | 4873 |
retirement allowance as provided in sections 3309.36 and 3309.381 | 4874 |
of the Revised Code, or dies, unless otherwise provided in Chapter | 4875 |
3309. of the Revised Code. | 4876 |
(B) A former member with an account in the employees' savings | 4877 |
fund who formerly lost membership shall be reinstated as a member | 4878 |
with all the rights, privileges, and obligations as provided in | 4879 |
Chapter 3309. of the Revised Code. | 4880 |
(C)(1) Except as provided in this section, a member or former | 4881 |
member of the school employees retirement system with at least one | 4882 |
and one-half years of contributing service credit in this system, | 4883 |
the public employees retirement system, the state teachers | 4884 |
retirement system, the Ohio police and fire pension fund, or the | 4885 |
state highway patrol retirement system, subsequent to the | 4886 |
withdrawal of contributions and cancellation of service credit in | 4887 |
this system may restore such service credit by redepositing in the | 4888 |
employees' savings fund the amount withdrawn with interest at a | 4889 |
rate to be determined by the board, compounded annually, from the | 4890 |
first of the month of withdrawal to and including the month of | 4891 |
redeposit. | 4892 |
(2) If the accumulated contributions were withdrawn under | 4893 |
section 3309.43 of the Revised Code, service credit may be | 4894 |
restored only if the member or former member accrued one and | 4895 |
one-half years of service credit after the withdrawal of the | 4896 |
accumulated contributions. | 4897 |
(D) A member may choose to purchase only part of such credit | 4898 |
in any one payment, subject to board rules. The total payment to | 4899 |
restore cancelled service credit, plus any interest credited | 4900 |
thereto, shall be considered as accumulated contributions of the | 4901 |
member. If a former member is eligible to buy the service credit | 4902 |
as a member of the Ohio police and fire pension fund, the state | 4903 |
highway patrol retirement system, or the city of Cincinnati | 4904 |
retirement system, the former member is ineligible to restore that | 4905 |
service credit under this section. | 4906 |
Sec. 3309.261. (A) A member of the school employees | 4907 |
retirement system who has at least eighteen months of contributing | 4908 |
service credit in the system, the Ohio police and fire pension | 4909 |
fund, public employees retirement system, state teachers | 4910 |
retirement system, or state highway patrol retirement system, and | 4911 |
is a former member of or no longer contributing to the public | 4912 |
employees retirement system or state teachers retirement system | 4913 |
may restore service credit under section 145.31 or 3307.71 of the | 4914 |
Revised Code by making payments pursuant to this section through a | 4915 |
payroll deduction plan established under section 3309.27 of the | 4916 |
Revised Code. A member seeking to restore service credit shall | 4917 |
notify the school employees retirement system on a form approved | 4918 |
by the school employees retirement board. After receiving the | 4919 |
notice, the school employees retirement system shall request that | 4920 |
the former retirement system calculate under section 145.312 or | 4921 |
3307.712 of the Revised Code the cost to the member to restore | 4922 |
service credit for each year or portion of a year of service for | 4923 |
which the member seeks to restore the service credit. The amount | 4924 |
the former retirement system certifies as the cost of restoring | 4925 |
the service credit, plus interest described in division (B) of | 4926 |
this section, is the cost to the member of restoring the service | 4927 |
credit. On receiving the certification from the former retirement | 4928 |
system, the school employees retirement system shall notify the | 4929 |
member of the cost. | 4930 |
(B) For each year or portion of a year of service credit | 4931 |
restored under section 145.31 or 3307.71 of the Revised Code, a | 4932 |
member shall pay to the school employees retirement system the | 4933 |
amount certified by the former retirement system plus interest at | 4934 |
a rate specified by the former retirement system under section | 4935 |
145.312 or 3307.712 of the Revised Code for the period during | 4936 |
which deductions are made under section 3309.27 of the Revised | 4937 |
Code. | 4938 |
(C) The school employees retirement board shall at least | 4939 |
annually
| 4940 |
4941 | |
under section 145.31 or 3307.71 of the Revised Code | 4942 |
4943 | |
4944 | |
service credit for the year or portion of a year for which the | 4945 |
payment was made. | 4946 |
(D) | 4947 |
4948 | |
4949 | |
4950 | |
4951 | |
4952 | |
4953 | |
4954 |
| 4955 |
Sec. 3309.28. Not later than thirty days after an employee | 4956 |
begins employment, the employer shall file with the school | 4957 |
employees retirement system a detailed statement of the employee's | 4958 |
personal information and | 4959 |
4960 | |
4961 | |
other information as the school employees retirement board | 4962 |
requires for the proper operation of the school employees | 4963 |
retirement system. | 4964 |
Sec. 3309.301. (A) | 4965 |
system" and "transferring system" have the same meanings as in | 4966 |
section 3309.35 of the Revised Code. | 4967 |
(B)(1) Except as provided in division
| 4968 |
section, a member of the school employees retirement system with | 4969 |
at least eighteen months of contributing service in the system, | 4970 |
the public employees retirement system, or the state teachers | 4971 |
retirement system who exempted self from membership in one or more | 4972 |
of the systems pursuant to section 145.03 or 3309.23 of the | 4973 |
Revised Code, or former section 3307.25 or 3309.25 of the Revised | 4974 |
Code, or was exempt under section 3307.24 of the Revised Code, may | 4975 |
purchase credit for each year or portion of a year of service for | 4976 |
which the member was exempted. | 4977 |
(2) A member may not purchase credit under this section for | 4978 |
service that was exempted from contribution under section 3309.23 | 4979 |
of the Revised Code and subject to the tax on wages imposed by the | 4980 |
"Federal Insurance Contributions Act," 68A Stat. 415 (1954), 26 | 4981 |
U.S.C.A. 3101, as amended. | 4982 |
| 4983 |
purchase credit under this section and certification of the | 4984 |
member's service and compensation from the employer for which the | 4985 |
exempt service was performed, the school employees retirement | 4986 |
system shall determine the amount of credit the member is eligible | 4987 |
to purchase in accordance with divisions | 4988 |
section. | 4989 |
(1) If the credit to be purchased is for service exempted | 4990 |
under section 3309.23 or former section 3309.25 of the Revised | 4991 |
Code, determine the amount of credit that would have been earned | 4992 |
had the service not been exempt. | 4993 |
(2) If the credit to be purchased is for service exempted | 4994 |
under section 145.03 or 3307.24, or former section 3307.25 of the | 4995 |
Revised Code, request certification from the applicable retirement | 4996 |
system that the service was exempt and the amount of service | 4997 |
credit that would have been earned had the service not been | 4998 |
exempt. | 4999 |
| 5000 |
under this section, a member shall pay to the retirement system an | 5001 |
amount determined by multiplying the member's compensation for the | 5002 |
twelve months of contributing service preceding the month in which | 5003 |
the member applies to purchase the credit by a percentage rate | 5004 |
established by rule of the school employees retirement board | 5005 |
adopted under division | 5006 |
| 5007 |
part of the credit the member is eligible to purchase under this | 5008 |
section in one or more payments. If the member purchases the | 5009 |
credit in more than one payment, compound interest at a rate | 5010 |
specified by rule of the board shall be charged on the balance | 5011 |
remaining after the first payment is made. | 5012 |
| 5013 |
one year of service for any twelve-month period. If the period of | 5014 |
service for which credit is purchasable under this section is | 5015 |
concurrent with a period of service that will be used to calculate | 5016 |
a retirement benefit from this system, the public employees | 5017 |
retirement system, or the state teachers retirement system, the | 5018 |
amount of the credit shall be adjusted in accordance with rules | 5019 |
adopted by the school employees retirement board. | 5020 |
A member who is also a member of the public employees | 5021 |
retirement system or the state teachers retirement system shall | 5022 |
purchase credit for any service for which the member exempted self | 5023 |
under section 145.03 or 3309.23 of the Revised Code, or former | 5024 |
section 3307.25 or 3309.25 of the Revised Code, or was exempt | 5025 |
under section 3307.24 of the Revised Code, from the retirement | 5026 |
system in which the member has the greatest number of years of | 5027 |
service credit. If the member receives benefits under section | 5028 |
3309.35 of the Revised Code, the state retirement system that | 5029 |
5030 | |
under that section shall receive from the | 5031 |
that are the transferring systems the amounts paid by the member | 5032 |
for purchase of credit for exempt service plus interest at the | 5033 |
actuarial assumption rate of the transferring system | 5034 |
5035 | |
of the member's last payment for purchase of the credit and ending | 5036 |
on the date of the member's retirement. | 5037 |
| 5038 |
payment made by the member under this section shall be considered | 5039 |
as accumulated contributions of the member. | 5040 |
| 5041 |
this section. | 5042 |
Sec. 3309.35. (A) As used in this section: | 5043 |
(1) "State retirement system" means the public employees | 5044 |
retirement system, state teachers retirement system, or school | 5045 |
employees retirement system. | 5046 |
(2) "Total service credit" means all service credit earned in | 5047 |
all state retirement systems, except credit for service subject to | 5048 |
section 3309.341 of the Revised Code. Total service credit shall | 5049 |
not exceed one year of credit for any twelve-month period. | 5050 |
(3) In addition to the meaning given in division (O) of | 5051 |
section 3309.01 of the Revised Code, "disability benefit" means | 5052 |
"disability benefit" as defined in sections 145.01 and 3307.01 of | 5053 |
the Revised Code. | 5054 |
(4) "Paying system" means the state retirement system in | 5055 |
which the member has the greatest service credit, without | 5056 |
adjustment or, if a member who has equal service credit in two or | 5057 |
more retirement systems, the retirement system in which the member | 5058 |
has the greatest total contributions. | 5059 |
(5) "Transferring system" means the state retirement system | 5060 |
transferring a member's contributions and service credit in that | 5061 |
system to the paying system. | 5062 |
(6) "Retention percentage" means five per cent, or a | 5063 |
percentage determined under division (E) of this section, of a | 5064 |
member's earnable salary in the case of a member of the public | 5065 |
employees retirement system or five per cent, or a percentage | 5066 |
determined under division (E) of this section, of a member's | 5067 |
compensation in the case of a member of the state teachers | 5068 |
retirement system or school employees retirement system. | 5069 |
(B) To coordinate and integrate membership in the state | 5070 |
retirement systems, at the option of a member, total contributions | 5071 |
and service credit in all state retirement systems, including | 5072 |
amounts paid to restore service credit under sections 145.311, | 5073 |
3307.711, and 3309.261 of the Revised Code, shall be used in | 5074 |
determining the eligibility and total retirement or disability | 5075 |
benefit payable. When total contributions and service credit are | 5076 |
so combined, the following provisions apply: | 5077 |
(1) Service and commuted service retirement or a disability | 5078 |
benefit is effective no sooner than the first day of the month | 5079 |
next following the last day of employment for which compensation | 5080 |
was paid. If the application is filed after that date, the board | 5081 |
may retire the member on the first day of the month next following | 5082 |
the last day of employment for which compensation was paid. | 5083 |
(2) | 5084 |
5085 | |
5086 |
(a) Determine a member's eligibility for a retirement or | 5087 |
disability benefit; | 5088 |
(b) Calculate and pay the member's retirement or disability | 5089 |
benefit | 5090 |
5091 |
(3)(a) Each transferring system | 5092 |
5093 | |
certify | 5094 |
5095 | |
5096 | |
5097 |
| 5098 |
5099 | |
5100 | |
5101 | |
5102 | |
5103 | |
following: | 5104 |
(i) The service credit earned by the member in the | 5105 |
transferring system; | 5106 |
(ii) The beginning and ending dates of the service credit | 5107 |
period covered by the transferring system; | 5108 |
(iii) Any breaks in service by the member, excluding school | 5109 |
breaks; | 5110 |
(iv) If available, a statement listing the member's monthly | 5111 |
contributions and service credit earned, obtained, or purchased in | 5112 |
the transferring system. | 5113 |
(b) The certification under division (B)(3)(a) of this | 5114 |
section may be reviewed by both the transferring system and paying | 5115 |
system. | 5116 |
(4) In determining the total credit to be used in calculating | 5117 |
a retirement allowance or disability benefit, credit shall not be | 5118 |
reduced below that certified by the system or systems transferring | 5119 |
credit, except | 5120 |
5121 |
(a) Not more than one year of credit may be certified by the | 5122 |
transferring system for any one "year" as defined in the law of | 5123 |
the transferring system | 5124 |
(b) The paying system may reduce any credit certified by the | 5125 |
transferring system that is concurrent with any period of service | 5126 |
credit the member earned from the paying system. | 5127 |
(c) The paying system may reduce any credit certified by the | 5128 |
transferring system if the amount certified, when added to the | 5129 |
paying system's service credit for any one "year" as defined in | 5130 |
the law of the paying system, exceeds one year. | 5131 |
(5)(a) The | 5132 |
5133 | |
5134 | |
year of service: | 5135 |
(i) The amount contributed by the member, or, in the case of | 5136 |
service credit purchased by the member, paid by the member, that | 5137 |
is attributable to the year of service; | 5138 |
(ii) An amount equal to the lesser of the employer's | 5139 |
contributions made on behalf of the member to the | 5140 |
transferring system for that year of service less the retention | 5141 |
percentage or the amount that would have been contributed by the | 5142 |
employer for the service had the member been a member of the | 5143 |
school employees retirement system at the time the credit was | 5144 |
earned less the retention percentage; | 5145 |
(iii) If applicable, an amount equal to the amount paid on | 5146 |
behalf of the member by an employer under section 145.483 of the | 5147 |
Revised Code; | 5148 |
(iv) Interest compounded annually on the amounts specified in | 5149 |
divisions (B)(5)(a)(i), (ii), and (iii) of this section at the | 5150 |
lesser of the actuarial assumption rate for that year of the | 5151 |
5152 | |
transferring system or systems | 5153 |
5154 |
(b) The annuity rates and mortality tables of the | 5155 |
5156 | |
5157 |
(c) Deposits made for the purchase of an additional annuity, | 5158 |
and including guaranteed interest, upon the request of the member, | 5159 |
shall be transferred to the | 5160 |
5161 | |
deposits shall be that offered by the | 5162 |
system | 5163 |
5164 |
(C) A former member receiving a retirement or disability | 5165 |
benefit under this section, who accepts employment amenable to | 5166 |
coverage in any state retirement system that participated in the | 5167 |
member's combined benefit, shall be subject to the applicable | 5168 |
provisions of law governing such re-employment. If a former member | 5169 |
should be paid any amount in a retirement allowance, to which the | 5170 |
former member is not entitled under the applicable provisions of | 5171 |
law governing such re-employment, such amount shall be recovered | 5172 |
by the | 5173 |
utilizing any recovery procedure available under the | 5174 |
5175 | |
system's re-employment provisions. | 5176 |
(D) An SERS retirant or other system retirant, as defined in | 5177 |
section 3309.341 of the Revised Code, is not eligible to receive | 5178 |
any benefit under this section for service subject to section | 5179 |
3309.341 of the Revised Code. | 5180 |
(E) The retention percentage used in the calculation under | 5181 |
division (B)(5)(a)(ii) of this section shall be reviewed by the | 5182 |
state retirement systems not less than once every five years | 5183 |
beginning after the effective date of this amendment or on request | 5184 |
of any of the systems. If the retirement systems agree, the | 5185 |
retention percentage may be changed if any of the system's | 5186 |
employer contribution rate increases or decreases or the systems | 5187 |
agree that a change is in the interest of one or more of the | 5188 |
systems. | 5189 |
Sec. 3309.381. (A) A recipient of a disability allowance | 5190 |
under section 3309.401 of the Revised Code who is subject to | 5191 |
division (C)(3) of that section may make application for | 5192 |
retirement under this section. Retirement shall be effective on | 5193 |
the first day of the first month following the last day for which | 5194 |
the disability allowance is paid. | 5195 |
(B) The annual allowance payable under this section shall | 5196 |
consist of the sum of the amounts determined under divisions | 5197 |
(B)(1) and (2) of this section: | 5198 |
(1) The greater of the following: | 5199 |
(a) An allowance calculated as | 5200 |
5201 | |
applicant received a disability benefit under section 3309.401 of | 5202 |
the Revised Code | 5203 |
(i) For an applicant who would be eligible to retire under | 5204 |
division (A)(1) of section 3309.34 of the Revised Code, the | 5205 |
allowance shall be calculated under divisions (B)(1)(a) and (B)(2) | 5206 |
of section 3309.36 of the Revised Code; | 5207 |
(ii) For an applicant who would be eligible to retire under | 5208 |
division (A)(2) of section 3309.34 of the Revised Code, the | 5209 |
allowance shall be calculated under divisions (B)(1)(b) and (B)(3) | 5210 |
of section 3309.36 of the Revised Code. | 5211 |
(b) An allowance calculated by multiplying the applicant's | 5212 |
total service credit, including service credit for the last | 5213 |
continuous period during which the applicant received a disability | 5214 |
benefit under section 3309.401 of the Revised Code, by two and | 5215 |
two-tenths per cent of the applicant's final average salary, | 5216 |
except that the allowance shall not exceed forty-five per cent of | 5217 |
the applicant's final average salary. | 5218 |
(2) An amount equal to the additional allowance the recipient | 5219 |
would receive under section 3309.374 of the Revised Code, plus any | 5220 |
other additional amount the recipient would receive under this | 5221 |
chapter, had the recipient retired under section 3309.36 of the | 5222 |
Revised Code effective on the effective date of the recipient's | 5223 |
most recent continuous period of receipt of a disability benefit | 5224 |
under section 3309.401 of the Revised Code. | 5225 |
(C) The allowance calculated under division (B) of this | 5226 |
section, exclusive of any amount added under division (B)(2) of | 5227 |
this section based on section 3309.374 of the Revised Code, shall | 5228 |
be the base for all future additional allowances under section | 5229 |
3309.374 of the Revised Code. | 5230 |
The anniversary date for future additional allowances under | 5231 |
section 3309.374 of the Revised Code shall be the effective date | 5232 |
of the recipient's most recent continuous period of receipt of a | 5233 |
disability benefit under section 3309.401 of the Revised Code. | 5234 |
(D) The retirement allowance determined under this section | 5235 |
shall be paid as provided in section 3309.46 of the Revised Code. | 5236 |
Sec. 3309.42. (A)(1) Subject to | 5237 |
3309.67 of the Revised Code and except as provided in division (B) | 5238 |
of this section, a member who elects to become exempt from | 5239 |
contribution to the school employees retirement system pursuant to | 5240 |
section 3309.23 of the Revised Code, or ceases to be an employee | 5241 |
for any cause other than death, retirement, receipt of a | 5242 |
disability benefit, or current employment in a position in which | 5243 |
the member has elected to participate in an alternative retirement | 5244 |
plan pursuant to section 3305.05 or 3305.051 of the Revised Code, | 5245 |
shall be paid the accumulated contributions standing to the credit | 5246 |
of the member's individual account in the employees' savings fund | 5247 |
upon application and subject to such rules as are established by | 5248 |
the school employees retirement board and provided three months | 5249 |
have elapsed since employment, other than employment exempt from | 5250 |
contribution under division (C) of section 3309.23 of the Revised | 5251 |
Code, ceased. | 5252 |
(2) A member described in division (A)(1) of this section who | 5253 |
is married at the time of application for payment and would be | 5254 |
eligible for age and service retirement under section 3309.34, | 5255 |
3309.36, or 3309.40 of the Revised Code but for a forfeiture | 5256 |
ordered under division (A) or (B) of section 2929.192 of the | 5257 |
Revised Code shall submit with the application a written statement | 5258 |
by the member's spouse attesting that the spouse consents to the | 5259 |
payment of the member's accumulated contributions. Consent shall | 5260 |
be valid only if it is signed and witnessed by a notary public. | 5261 |
The board may waive the requirement of consent if the spouse is | 5262 |
incapacitated or cannot be located, or for any other reason | 5263 |
specified by the board. Consent or waiver is effective only with | 5264 |
regard to the spouse who is the subject of the consent or waiver. | 5265 |
(B) This division applies to any member who is employed in a | 5266 |
position in which the member has elected under section 3305.05 or | 5267 |
3305.051 of the Revised Code to participate in an alternative | 5268 |
retirement plan and due to the election ceases to be an employee | 5269 |
for purposes of that position. | 5270 |
Subject to | 5271 |
Revised Code, the school employees retirement system shall do the | 5272 |
following: | 5273 |
(1) On receipt of an election under section 3305.05 or | 5274 |
3305.051 of the Revised Code, pay, in accordance with section | 5275 |
3305.052 of the Revised Code, the amount described in that section | 5276 |
to the appropriate provider; | 5277 |
(2) If a member has accumulated contributions, in addition to | 5278 |
those subject to division (B)(1) of this section, standing to the | 5279 |
credit of the member's individual account and is not otherwise in | 5280 |
a position in which the member is considered an employee for the | 5281 |
purposes of that position, pay, to the provider the member | 5282 |
selected pursuant to section 3305.05 or 3305.051 of the Revised | 5283 |
Code, the accumulated contributions standing to the credit of the | 5284 |
member's individual account in the employees' saving fund. The | 5285 |
payment shall be made on the member's application. | 5286 |
(C) Payment of a member's accumulated contributions under | 5287 |
this section cancels the member's total service credit in the | 5288 |
school employees retirement system. A member whose accumulated | 5289 |
contributions are paid to a provider pursuant to division (B) of | 5290 |
this section is forever barred from claiming or purchasing service | 5291 |
credit under the school employees retirement system for the period | 5292 |
of employment attributable to those contributions. | 5293 |
Sec. 3309.43. (A) As used in this section, "other retirement | 5294 |
system" means the public employees retirement system or the state | 5295 |
teachers retirement system. | 5296 |
(B) Except as provided in division (C) of this section, on | 5297 |
application, a member of the school employees retirement system | 5298 |
who is also a member of one or both of the other retirement | 5299 |
systems and has ceased to be an employee under this chapter may be | 5300 |
paid, in accordance with section 3309.42 of the Revised Code, the | 5301 |
member's accumulated contributions to the school employees | 5302 |
retirement system. This payment does not affect the member's | 5303 |
membership in the other retirement systems or any right the member | 5304 |
may have to a benefit or return of contributions under those | 5305 |
systems. | 5306 |
(C) This section does not apply to a member of one of the | 5307 |
other retirement systems whose employment under that system is | 5308 |
with the public employer that was the employer under the school | 5309 |
employees retirement system at the time the member's service | 5310 |
subject to this chapter terminated. | 5311 |
Sec. 3309.45. Except as provided in division (C)(1) of this | 5312 |
section, in lieu of accepting the payment of the accumulated | 5313 |
account of a member who dies before service retirement, the | 5314 |
beneficiary, as determined in section 3309.44 of the Revised Code, | 5315 |
may elect to forfeit the accumulated account and to substitute | 5316 |
certain other benefits either under division (A) or (B) of this | 5317 |
section. | 5318 |
(A)(1) If a deceased member was eligible for a service | 5319 |
retirement allowance as provided in section 3309.36 or 3309.381 of | 5320 |
the Revised Code, a surviving spouse or other sole dependent | 5321 |
beneficiary may elect to receive a monthly benefit computed as the | 5322 |
joint-survivor allowance designated as "plan D" in section 3309.46 | 5323 |
of the Revised Code, which the member would have received had the | 5324 |
member retired on the last day of the month of death and had the | 5325 |
member at that time selected such joint-survivor plan. Payment | 5326 |
shall begin with the month subsequent to the member's death. | 5327 |
(2) Beginning on a date selected by the school employees | 5328 |
retirement board, which shall be not later than July 1, 2004, a | 5329 |
surviving spouse or other sole dependent beneficiary may elect, in | 5330 |
lieu of a monthly payment under division (A)(1) of this section, a | 5331 |
plan of payment consisting of both of the following: | 5332 |
(a) A lump sum in an amount the surviving spouse or other | 5333 |
sole dependent beneficiary designates that constitutes a portion | 5334 |
of the allowance that would be payable under division (A)(1) of | 5335 |
this section; | 5336 |
(b) The remainder of that allowance in monthly payments. | 5337 |
The total amount paid as a lump sum and a monthly benefit | 5338 |
shall be the actuarial equivalent of the amount that would have | 5339 |
been paid had the lump sum not been selected. | 5340 |
The lump sum amount designated by the surviving spouse or | 5341 |
other sole dependent beneficiary under division (A)(2)(a) of this | 5342 |
section shall be not less than six times and not more than | 5343 |
thirty-six times the monthly amount that would be payable to the | 5344 |
surviving spouse or other sole dependent beneficiary under | 5345 |
division (A)(1) of this section and shall not result in a monthly | 5346 |
benefit that is less than fifty per cent of that monthly amount. | 5347 |
(B) If the deceased member had completed at least one and | 5348 |
one-half years of credit for Ohio service, with at least | 5349 |
one-quarter year of Ohio contributing service credit within the | 5350 |
two and one-half years prior to the date of death, or was | 5351 |
receiving at the time of death a disability benefit as provided in | 5352 |
section 3309.40 or 3309.401 of the Revised Code, qualified | 5353 |
survivors who elect to receive monthly benefits shall receive the | 5354 |
greater of the benefits provided in division (B)(1)(a) or (b) as | 5355 |
allocated in accordance with division (B)(5) of this section. | 5356 |
(1)(a) Number | Or | 5357 | ||||
of Qualified | Monthly | 5358 | ||||
survivors | Annual Benefit as a Per | Benefit | 5359 | |||
affecting | Cent of Decedent's Final | shall not be | 5360 | |||
the benefit | Average Salary | less than | 5361 |
1 | 25% | $96 | 5362 | ||||
2 | 40 | 186 | 5363 | ||||
3 | 50 | 236 | 5364 | ||||
4 | 55 | 236 | 5365 | ||||
5 or more | 60 | 236 | 5366 |
(b) Years of Service | Annual Benefit as a Per Cent of Member's Final Average Salary | 5367 |
20 | 29% | 5368 | |
21 | 33 | 5369 | |
22 | 37 | 5370 | |
23 | 41 | 5371 | |
24 | 45 | 5372 | |
25 | 48 | 5373 | |
26 | 51 | 5374 | |
27 | 54 | 5375 | |
28 | 57 | 5376 | |
29 or more | 60 | 5377 |
(2) Benefits shall begin as qualified survivors meet | 5378 |
eligibility requirements as follows: | 5379 |
(a) A qualified spouse is the surviving spouse of the | 5380 |
deceased member who is age sixty-two, or regardless of age if the | 5381 |
deceased member had ten or more years of Ohio service credit, or | 5382 |
regardless of age if caring for a surviving child, or regardless | 5383 |
of age if adjudged physically or mentally incompetent. | 5384 |
(b) A qualified child whose benefit began before | 5385 |
5386 | |
the deceased member who has never been married and to whom one of | 5387 |
the following applies: | 5388 |
(i) Is under age eighteen, or under age twenty-two if the | 5389 |
child is attending an institution of learning or training pursuant | 5390 |
to a program designed to complete in each school year the | 5391 |
equivalent of at least two-thirds of the full-time curriculum | 5392 |
requirements of such institution and as further determined by | 5393 |
board policy; | 5394 |
(ii) Regardless of age, is adjudged physically or mentally | 5395 |
incompetent if the incompetence existed prior to the member's | 5396 |
death and prior to the child attaining age eighteen, or age | 5397 |
twenty-two if attending an institution described in division | 5398 |
(B)(2)(b)(i) of this section. | 5399 |
(c) A qualified child whose benefit begins on or after | 5400 |
5401 | |
the deceased member who has never been married and to whom one of | 5402 |
the following applies: | 5403 |
(i) Is under age nineteen; | 5404 |
(ii) Regardless of age, is adjudged physically or mentally | 5405 |
incompetent if the incompetence existed prior to the member's | 5406 |
death and prior to the child attaining age nineteen. | 5407 |
(d) A qualified parent is a dependent parent aged sixty-five | 5408 |
or older. | 5409 |
(3) "Physically or mentally incompetent" as used in this | 5410 |
section may be determined by a court of jurisdiction, or by a | 5411 |
physician appointed by the retirement board. Incapability of | 5412 |
earning a living because of a physically or mentally disabling | 5413 |
condition shall meet the qualifications of this division. | 5414 |
(4) Benefits to a qualified survivor shall terminate upon a | 5415 |
first marriage, abandonment, adoption, or during active military | 5416 |
service. Benefits to a deceased member's surviving spouse that | 5417 |
were terminated under a former version of this section that | 5418 |
required termination due to remarriage and were not resumed prior | 5419 |
to September 16, 1998, shall resume on the first day of the month | 5420 |
immediately following receipt by the board of an application on a | 5421 |
form provided by the board. | 5422 |
Upon the death of any subsequent spouse who was a member of | 5423 |
the public employees retirement system, state teachers retirement | 5424 |
system, or school employees retirement system, the surviving | 5425 |
spouse of such member may elect to continue receiving benefits | 5426 |
under this division, or to receive survivor's benefits, based upon | 5427 |
the subsequent spouse's membership in one or more of the systems, | 5428 |
for which such surviving spouse is eligible under this section or | 5429 |
section 145.45 or 3307.66 of the Revised Code. If the surviving | 5430 |
spouse elects to continue receiving benefits under this division, | 5431 |
such election shall not preclude the payment of benefits under | 5432 |
this division to any other qualified survivor. | 5433 |
Benefits shall begin or resume on the first day of the month | 5434 |
following the attainment of eligibility and shall terminate on the | 5435 |
first day of the month following loss of eligibility. | 5436 |
(5)(a) If a benefit is payable under division (B)(1)(a) of | 5437 |
this section, benefits to a qualified spouse shall be paid in the | 5438 |
amount determined for the first qualifying survivor in division | 5439 |
(B)(1)(a) of this section, but shall not be less than one hundred | 5440 |
six dollars per month if the deceased member had ten or more years | 5441 |
of Ohio service credit. All other qualifying survivors shall share | 5442 |
equally in the benefit or remaining portion thereof. | 5443 |
(b) All qualifying survivors shall share equally in a benefit | 5444 |
payable under division (B)(1)(b) of this section, except that if | 5445 |
there is a surviving spouse, the surviving spouse shall receive no | 5446 |
less than the greater of the amount determined for the first | 5447 |
qualifying survivor in division (B)(1)(a) of this section or one | 5448 |
hundred six dollars per month. | 5449 |
(6) The beneficiary of a member who is also a member of the | 5450 |
public employees retirement system, or of the state teachers | 5451 |
retirement system, must forfeit the member's accumulated | 5452 |
contributions in those systems, if the beneficiary takes a | 5453 |
survivor benefit. Such benefit shall be exclusively governed by | 5454 |
section 3309.35 of the Revised Code. | 5455 |
(C)(1) Regardless of whether the member is survived by a | 5456 |
spouse or designated beneficiary, if the school employees | 5457 |
retirement system receives notice that a deceased member described | 5458 |
in division (A) or (B) of this section has one or more qualified | 5459 |
children, all persons who are qualified survivors under division | 5460 |
(B) of this section shall receive monthly benefits as provided in | 5461 |
division (B) of this section. | 5462 |
If, after determining the monthly benefits to be paid under | 5463 |
division (B) of this section, the system receives notice that | 5464 |
there is a qualified survivor who was not considered when the | 5465 |
determination was made, the system shall, notwithstanding section | 5466 |
3309.661 of the Revised Code, recalculate the monthly benefits | 5467 |
with that qualified survivor included, even if the benefits to | 5468 |
qualified survivors already receiving benefits are reduced as a | 5469 |
result. The benefits shall be calculated as if the qualified | 5470 |
survivor who is the subject of the notice became eligible on the | 5471 |
date the notice was received and shall be paid to qualified | 5472 |
survivors effective on the first day of the first month following | 5473 |
the system's receipt of the notice. | 5474 |
If the retirement system did not receive notice that a | 5475 |
deceased member has one or more qualified children prior to making | 5476 |
payment under section 3309.44 of the Revised Code to a beneficiary | 5477 |
as determined by the retirement system, the payment is a full | 5478 |
discharge and release of the system from any future claims under | 5479 |
this section or section 3309.44 of the Revised Code. | 5480 |
(2) If benefits under division (C)(1) of this section to all | 5481 |
persons, or to all persons other than a surviving spouse or other | 5482 |
sole beneficiary, terminate, there are no qualified children | 5483 |
5484 | |
beneficiary qualifies for benefits under division (A) of this | 5485 |
section, the surviving spouse or beneficiary may elect to receive | 5486 |
benefits under division (A) of this section. Benefits shall be | 5487 |
effective on the first day of the month following receipt by the | 5488 |
board of an application for benefits under division (A) of this | 5489 |
section. | 5490 |
(D) The final average salary used in the calculation of a | 5491 |
benefit payable pursuant to division (A) or (B) of this section to | 5492 |
a survivor or beneficiary of a disability benefit recipient shall | 5493 |
be adjusted for each year between the disability benefit's | 5494 |
effective date and the recipient's date of death by the lesser of | 5495 |
three per cent or the actual average percentage increase in the | 5496 |
consumer price index prepared by the United States bureau of labor | 5497 |
statistics (U.S. City Average for Urban Wage Earners and Clerical | 5498 |
Workers: "All Items 1982-84=100"). | 5499 |
(E) If the survivor benefits due and paid under this section | 5500 |
are in a total amount less than the member's accumulated account | 5501 |
that was transferred from the employees' savings fund, the state | 5502 |
teachers retirement fund, and the public employees retirement fund | 5503 |
to the survivors' benefit fund, then the difference between the | 5504 |
total amount of the benefits paid shall be paid to the beneficiary | 5505 |
under section 3309.44 of the Revised Code. | 5506 |
Sec. 3309.49. Each employer shall pay | 5507 |
employees retirement system at such times as required by the | 5508 |
school employees retirement board under section 3309.51 of the | 5509 |
Revised Code an amount | 5510 |
certain per cent of the earnable compensation of all employees, | 5511 |
and shall be known as the "employer contribution." The rate per | 5512 |
cent of such contribution shall be fixed by the actuary on the | 5513 |
basis of the actuary's evaluation of the liabilities of the school | 5514 |
employees retirement system, but shall not exceed fourteen per | 5515 |
cent, and shall be approved by the school employees retirement | 5516 |
board. The school employees retirement board may raise the rate | 5517 |
per cent of the contribution to fourteen per cent of the earnable | 5518 |
compensation of all employees. In making such evaluation, the | 5519 |
actuary shall use, as the actuarial assumptions, regular interest | 5520 |
and such mortality and other tables as are adopted by the school | 5521 |
employees retirement board. The actuary shall compute the | 5522 |
percentage of such earnable compensation, to be known as the | 5523 |
"employer rate," required annually to fund the liability for all | 5524 |
allowances, annuities, pensions and other benefits, and any | 5525 |
deficiencies in the various funds, provided for in this chapter, | 5526 |
after deducting therefrom the annuity and other benefits provided | 5527 |
by the contributor's accumulated contributions and deposits or | 5528 |
other applicable moneys. | 5529 |
Sec. 3309.51. (A) Each employer shall pay into the employers' | 5530 |
trust fund, | 5531 |
as the school employees retirement board requires, an amount | 5532 |
certified by the school employees retirement board, which shall be | 5533 |
as required by Chapter 3309. of the Revised Code. | 5534 |
Payments by school district boards of education to the | 5535 |
employers' trust fund of the school employees retirement system | 5536 |
may be made from the amounts allocated under Chapter 3317. of the | 5537 |
Revised Code prior to their distribution to the individual school | 5538 |
districts. The amount due from each school district may be | 5539 |
certified by the secretary of the system to the superintendent of | 5540 |
public instruction monthly, or at such times as is determined by | 5541 |
the school employees retirement board. | 5542 |
Payments by governing authorities of community schools to the | 5543 |
employers' trust fund of the school employees retirement system | 5544 |
shall be made from the amounts allocated under section 3314.08 of | 5545 |
the Revised Code prior to their distribution to the individual | 5546 |
community schools. The amount due from each community school shall | 5547 |
be certified by the secretary of the system to the superintendent | 5548 |
of public instruction monthly, or at such times as determined by | 5549 |
the school employees retirement board. | 5550 |
Payments by a science, technology, engineering, and | 5551 |
mathematics school to the employers' trust fund of the school | 5552 |
employees retirement system shall be made from the amounts | 5553 |
allocated under section 3326.33 of the Revised Code prior to their | 5554 |
distribution to the school. The amount due from a science, | 5555 |
technology, engineering, and mathematics school shall be certified | 5556 |
by the secretary of the school employees retirement system to the | 5557 |
superintendent of public instruction monthly, or at such times as | 5558 |
determined by the school employees retirement board. | 5559 |
(B) The superintendent shall deduct from the amount allocated | 5560 |
to each community school under section 3314.08 of the Revised | 5561 |
Code, to each school district under Chapter 3317. of the Revised | 5562 |
Code, or to each science, technology, engineering, and mathematics | 5563 |
school under section 3326.33 of the Revised Code the entire | 5564 |
amounts due to the school employees retirement system from such | 5565 |
school or school district upon the certification to the | 5566 |
superintendent by the secretary thereof. | 5567 |
(C) Where an employer fails or has failed or refuses to make | 5568 |
payments to the employers' trust fund, as provided for under | 5569 |
Chapter 3309. of the Revised Code, or fails to pay any penalty | 5570 |
imposed under section 3309.571 of the Revised Code the secretary | 5571 |
of the school employees retirement system may certify to the state | 5572 |
superintendent of public instruction, monthly or at such times as | 5573 |
is determined by the school employees retirement board, the amount | 5574 |
due from such employer, and the superintendent shall deduct from | 5575 |
the amount allocated to the employer under section 3314.08 or | 5576 |
3326.33 or Chapter 3317. of the Revised Code, as applicable, the | 5577 |
entire amounts due to the system from the employer upon the | 5578 |
certification to the superintendent by the secretary of the school | 5579 |
employees retirement system. | 5580 |
(D) The superintendent shall certify to the director of | 5581 |
budget and management the amounts thus due the system for payment. | 5582 |
Sec. 3309.55. Each employer shall on the first day of each | 5583 |
calendar month, or at such | 5584 |
employees retirement board approves, notify the board of | 5585 |
5586 | |
5587 | |
month preceding or the period since the period covered by the last | 5588 |
notification. | 5589 |
5590 | |
5591 | |
such records and shall furnish such information and assistance to | 5592 |
the school employees retirement board as it requires in the | 5593 |
discharge of its duties. | 5594 |
Sec. 3309.56. Each employer shall cause to be deducted, on | 5595 |
each payroll of a contributor for each payroll period, the | 5596 |
contribution payable by such contributor. | 5597 |
5598 | |
5599 | |
5600 | |
send a | 5601 |
lists such contributions deducted by contributor to the school | 5602 |
employees retirement system at such time and in such manner as | 5603 |
required by the school employees retirement board. | 5604 |
Sec. 3309.57. | 5605 |
5606 | |
5607 | |
5608 | |
employees retirement board designates the | 5609 |
5610 | |
under this chapter. The | 5611 |
retirement system after making a record of all such receipts shall | 5612 |
pay them to the treasurer of state for use according to this | 5613 |
chapter. | 5614 |
Sec. 3309.571. The school employees retirement system shall | 5615 |
impose the following penalties, which may be collected in the same | 5616 |
manner as described in division (B) of section 3309.51 of the | 5617 |
Revised Code: | 5618 |
(A) For a failure to transmit contributions withheld from | 5619 |
employees not later than the date specified under rules adopted by | 5620 |
the school employees retirement board, one hundred dollars per day | 5621 |
for each day the employer fails to transmit the contributions; | 5622 |
(B) For a failure to transmit any amount due the employer's | 5623 |
trust fund not later than the date specified under rules adopted | 5624 |
by the board, one hundred dollars per day for each day the | 5625 |
employer fails to transmit the amounts; | 5626 |
(C) Except for a statement required by section 3309.28 of the | 5627 |
Revised Code, for a failure to submit | 5628 |
payroll | 5629 |
chapter not later than the date specified under rules adopted by | 5630 |
the board, one hundred dollars per day for each day the employer | 5631 |
fails to submit | 5632 |
except that the penalty shall not exceed one thousand five hundred | 5633 |
dollars; | 5634 |
(D) For a failure to submit a record in the form of a | 5635 |
statement required by section 3309.28 of the Revised Code, fifty | 5636 |
dollars per record for each month the record is not filed, except | 5637 |
that the penalty shall not exceed three hundred dollars. | 5638 |
Sec. 3309.691. The school employees retirement board | 5639 |
may establish a program under which members of the retirement | 5640 |
system, employers on behalf of members, and persons receiving | 5641 |
service, disability, or survivor benefits are permitted to | 5642 |
participate in contracts for long-term health care insurance. | 5643 |
Participation may include dependents and family members. If a | 5644 |
participant in a contract for long-term care insurance leaves | 5645 |
employment, the participant and the participant's dependents and | 5646 |
family members may, at their election, continue to participate in | 5647 |
a program established under this section in the same manner as if | 5648 |
the participant had not left employment, except that no part of | 5649 |
the cost of the insurance shall be paid by the participant's | 5650 |
former employer. | 5651 |
Such program may be established independently or jointly with | 5652 |
one or more of the other retirement systems. For purposes of this | 5653 |
section, "retirement systems" has the same meaning as in division | 5654 |
(A) of section 145.581 of the Revised Code. | 5655 |
The board may enter into an agreement with insurance | 5656 |
companies, health insuring corporations, or government agencies | 5657 |
authorized to do business in the state for issuance of a long-term | 5658 |
care insurance policy or contract. However, prior to entering into | 5659 |
such an agreement with an insurance company or health insuring | 5660 |
corporation, the board shall request the superintendent of | 5661 |
insurance to certify the financial condition of the company or | 5662 |
corporation. The board shall not enter into the agreement if, | 5663 |
according to that certification, the company or corporation is | 5664 |
insolvent, is determined by the superintendent to be potentially | 5665 |
unable to fulfill its contractual obligations, or is placed under | 5666 |
an order of rehabilitation or conservation by a court of competent | 5667 |
jurisdiction or under an order of supervision by the | 5668 |
superintendent. | 5669 |
The board | 5670 |
111.15 of the Revised Code governing the program. | 5671 |
adopted by the board shall establish methods of payment for | 5672 |
participation under this section, which may include establishment | 5673 |
of a payroll deduction plan under section 3309.27 of the Revised | 5674 |
Code, deduction of the full premium charged from a person's | 5675 |
service, disability, or survivor benefit, or any other method of | 5676 |
payment considered appropriate by the board. If the program is | 5677 |
established jointly with one or more of the other retirement | 5678 |
systems, the rules also shall establish the terms and conditions | 5679 |
of such joint participation. | 5680 |
Sec. 3309.82. (A) Except as provided in division (B) of this | 5681 |
section, sections 3309.02, 3309.021, and 3309.022 and sections | 5682 |
3309.18 to 3309.70 of the Revised Code do not apply to a plan | 5683 |
established under section 3309.81 of the Revised Code, except that | 5684 |
a plan may incorporate provisions of those sections as specified | 5685 |
in the plan document. | 5686 |
(B) The following sections of Chapter 3309. of the Revised | 5687 |
Code apply to a plan established under section 3309.81 of the | 5688 |
Revised Code: sections 3309.19, 3309.21, 3309.22, 3309.23, | 5689 |
3309.24, 3309.25, 3309.251, 3309.252, 3309.253, 3309.28, 3309.29, | 5690 |
3309.341, 3309.3712, 3309.47, 3309.471, 3309.49, 3309.51, | 5691 |
5692 | |
3309.60, 3309.61, 3309.62, 3309.66, 3309.661, 3309.67, 3309.672, | 5693 |
3309.673, 3309.68, and 3309.70 of the Revised Code. | 5694 |
Sec. 4113.75. (A) As used in this section: | 5695 |
(1) "Employee" and "employer" have the same meanings as in | 5696 |
section 4113.51 of the Revised Code except that "employer" does | 5697 |
not include the state, any municipal corporation, county, | 5698 |
township, school district, or other political subdivision, or any | 5699 |
agency or instrumentality of any of those entities. | 5700 |
(2) "Employee retirement plan" means an employee retirement | 5701 |
plan described in section 401(k) or 403(b) of the Internal Revenue | 5702 |
Code or a payroll deduction individual retirement account plan | 5703 |
described in section 408 or 408A of the Internal Revenue Code. | 5704 |
(3) "Internal Revenue Code" means the "Internal Revenue Code | 5705 |
of 1986," 100 Stat. 2085, 26 U.S.C. 1 et seq., as amended. | 5706 |
(B)(1) Notwithstanding section 4113.15 of the Revised Code, | 5707 |
an employer may create and implement a program for automatically | 5708 |
withholding a specified percentage of employees' wages to be | 5709 |
contributed on behalf of the employees to an employee retirement | 5710 |
plan. The program shall allow an employee to affirmatively elect | 5711 |
not to participate in the program and not have wages withheld | 5712 |
under the program. | 5713 |
(2) The employer shall provide each participating employee | 5714 |
with all of the following: | 5715 |
(a) Notice of the percentage of the employee's wages that | 5716 |
will be withheld and contributed on behalf of the employee to an | 5717 |
employee retirement plan unless the employee affirmatively elects | 5718 |
not to participate in the plan; | 5719 |
(b) At least one opportunity each calendar quarter to select | 5720 |
investments for the employee's contributions between investment | 5721 |
alternatives available under the plan; | 5722 |
(c) A description of every investment alternative available | 5723 |
for employee investment direction under the plan; | 5724 |
(d) Notice of the default investment decisions that will be | 5725 |
made in the absence of the employee's direction; | 5726 |
(e) A brief description of available procedures that allow an | 5727 |
employee to change investments; | 5728 |
(f) A report, at least once a year, of the actual default | 5729 |
investments made of contributions attributable to the employee. | 5730 |
(3) An employer that creates or implements a program | 5731 |
described in division (B) of this section shall provide its | 5732 |
participating employees with reasonable opportunities to | 5733 |
affirmatively elect not to participate in the program and not have | 5734 |
wages withheld under the program. An affirmative election not to | 5735 |
participate in a program shall be effective as soon after the | 5736 |
employer receives the election as is administratively feasible. | 5737 |
Sec. 5505.03. (A) The funds created by this section are the | 5738 |
"employees' savings fund," "employer's accumulation fund," | 5739 |
"pension reserve fund," "survivors' benefit fund," "income fund," | 5740 |
and "expense fund." When reference is made to any of such funds, | 5741 |
such reference is made to each as a separate legal entity; | 5742 |
provided that the moneys in the funds may be intermingled for | 5743 |
deposit and investment purposes. | 5744 |
(B) The employees' savings fund is the fund in which shall be | 5745 |
accumulated the contributions deducted from the salaries of | 5746 |
members, except as provided in division (B)(1)(b) of section | 5747 |
5505.54 of the Revised Code. Any refunds of accumulated | 5748 |
contributions, as provided in the plan, shall be paid from such | 5749 |
fund. Upon a member's retirement, the accumulated contributions | 5750 |
standing to the member's credit in the fund shall be transferred | 5751 |
to the pension reserve fund | 5752 |
5753 | |
5754 | |
pension is payable on account of the death of a member, the | 5755 |
accumulated contributions standing to the member's credit in the | 5756 |
employees' savings fund shall be transferred to the survivors' | 5757 |
benefit fund | 5758 |
5759 | |
5760 |
(C) | 5761 |
shall be accumulated the state's contribution to the state highway | 5762 |
patrol retirement system and the amounts contributed under | 5763 |
division (B)(1)(b) of section 5505.54 of the Revised Code. Upon a | 5764 |
member's retirement | 5765 |
the member's pension reserve and the member's accumulated | 5766 |
contributions shall be transferred to the pension reserve fund. If | 5767 |
a pension is payable on account of a member's death occurring | 5768 |
5769 | |
for that pension and the member's accumulated contributions shall | 5770 |
be transferred to the survivors' benefit fund. | 5771 |
| 5772 |
5773 | |
5774 | |
5775 | |
5776 |
(D) The pension reserve fund is the fund from which shall be | 5777 |
paid all pensions on account of members | 5778 |
5779 | |
the state highway patrol, the disability retirant's pension | 5780 |
reserve at that time shall be transferred to the employees' | 5781 |
savings fund and the employer's accumulation fund in the same | 5782 |
proportion as the pension reserve was originally transferred to | 5783 |
the pension reserve fund. | 5784 |
(E) The survivors' benefit fund is the fund from which shall | 5785 |
be paid all pensions, payable under section 5505.17 of the Revised | 5786 |
Code | 5787 |
(F)(1) The income fund is the fund to which shall be credited | 5788 |
all interest, dividends, distributions, and other income derived | 5789 |
from deposits and investments of moneys of the retirement system, | 5790 |
all gifts and bequests to the system, all transfers from the | 5791 |
employees' savings fund because of lack of claimant, and any other | 5792 |
moneys the disposition of which is not otherwise provided for in | 5793 |
the plan. | 5794 |
(2) If the balance in the income fund exceeds the | 5795 |
requirements of the fund, the state highway patrol retirement | 5796 |
board may transfer amounts from the income fund to meet special | 5797 |
requirements of the various other funds of the retirement system. | 5798 |
(G) The expense fund is the fund from which the expense of | 5799 |
the administration of this chapter shall be paid, exclusive of | 5800 |
amounts payable as retirement allowances and as other benefits. | 5801 |
The state highway patrol retirement board shall estimate annually | 5802 |
the amount to be provided in the expense fund and such amount | 5803 |
shall be transferred from the income fund. If such amount is | 5804 |
insufficient during any year, the board is authorized to transfer | 5805 |
the amount of such insufficiency from the income fund. | 5806 |
Sec. 5505.04. (A)(1) The general administration and | 5807 |
management of the state highway patrol retirement system and the | 5808 |
making effective of this chapter are hereby vested in the state | 5809 |
highway patrol retirement board. The board may sue and be sued, | 5810 |
plead and be impleaded, contract and be contracted with, and do | 5811 |
all things necessary to carry out this chapter. | 5812 |
The board shall consist of the following members: | 5813 |
(a) The superintendent of the state highway patrol; | 5814 |
(b) Two retirant members who reside in this state; | 5815 |
(c) Five employee-members; | 5816 |
(d) One member, known as the treasurer of state's investment | 5817 |
designee, who shall be appointed by the treasurer of state for a | 5818 |
term of four years and who shall have the following | 5819 |
qualifications: | 5820 |
(i) The member is a resident of this state. | 5821 |
(ii) Within the three years immediately preceding the | 5822 |
appointment, the member has not been employed by the public | 5823 |
employees retirement system, police and fire pension fund, state | 5824 |
teachers retirement system, school employees retirement system, or | 5825 |
state highway patrol retirement system or by any person, | 5826 |
partnership, or corporation that has provided to one of those | 5827 |
retirement systems services of a financial or investment nature, | 5828 |
including the management, analysis, supervision, or investment of | 5829 |
assets. | 5830 |
(iii) The member has direct experience in the management, | 5831 |
analysis, supervision, or investment of assets. | 5832 |
(iv) The member is not currently employed by the state or a | 5833 |
political subdivision of the state. | 5834 |
(e) Two investment expert members, who shall be appointed to | 5835 |
four-year terms. One investment expert member shall be appointed | 5836 |
by the governor, and one investment expert member shall be jointly | 5837 |
appointed by the speaker of the house of representatives and the | 5838 |
president of the senate. Each investment expert member shall have | 5839 |
the following qualifications: | 5840 |
(i) Each investment expert member shall be a resident of this | 5841 |
state. | 5842 |
(ii) Within the three years immediately preceding the | 5843 |
appointment, each investment expert member shall not have been | 5844 |
employed by the public employees retirement system, police and | 5845 |
fire pension fund, state teachers retirement system, school | 5846 |
employees retirement system, or state highway patrol retirement | 5847 |
system or by any person, partnership, or corporation that has | 5848 |
provided to one of those retirement systems services of a | 5849 |
financial or investment nature, including the management, | 5850 |
analysis, supervision, or investment of assets. | 5851 |
(iii) Each investment expert member shall have direct | 5852 |
experience in the management, analysis, supervision, or investment | 5853 |
of assets. | 5854 |
(2) The board shall annually elect a chairperson and | 5855 |
vice-chairperson from among its members. The vice-chairperson | 5856 |
shall act as chairperson in the absence of the chairperson. A | 5857 |
majority of the members of the board shall constitute a quorum and | 5858 |
any action taken shall be approved by a majority of the members of | 5859 |
the board. The board shall meet not less than once each year, upon | 5860 |
sufficient notice to the members. All meetings of the board shall | 5861 |
be open to the public except executive sessions as set forth in | 5862 |
division (G) of section 121.22 of the Revised Code, and any | 5863 |
portions of any sessions discussing medical records or the degree | 5864 |
of disability of a member excluded from public inspection by this | 5865 |
section. | 5866 |
(3) Any | 5867 |
5868 | |
5869 | |
hold office until the end of
| 5870 |
5871 | |
5872 | |
5873 | |
5874 |
(B) The attorney general shall prescribe procedures for the | 5875 |
adoption of rules authorized under this chapter, consistent with | 5876 |
the provision of section 111.15 of the Revised Code under which | 5877 |
all rules shall be filed in order to be effective. Such procedures | 5878 |
shall establish methods by which notice of proposed rules are | 5879 |
given to interested parties and rules adopted by the board | 5880 |
published and otherwise made available. When it files a rule with | 5881 |
the joint committee on agency rule review pursuant to section | 5882 |
111.15 of the Revised Code, the board shall submit to the Ohio | 5883 |
retirement study council a copy of the full text of the rule, and | 5884 |
if applicable, a copy of the rule summary and fiscal analysis | 5885 |
required by division (B) of section 127.18 of the Revised Code. | 5886 |
(C)(1) As used in this division, "personal history record" | 5887 |
means information maintained by the board on an individual who is | 5888 |
a member, former member, retirant, or beneficiary that includes | 5889 |
the address, electronic mail address, telephone number, social | 5890 |
security number, record of contributions, correspondence with the | 5891 |
system, and other information the board determines to be | 5892 |
confidential. | 5893 |
(2) The records of the board shall be open to public | 5894 |
inspection and may be made available in printed or electronic | 5895 |
format, except for the following which shall be excluded: the | 5896 |
member's, former member's, retirant's, or beneficiary's personal | 5897 |
history record and the amount of a monthly allowance or benefit | 5898 |
paid to a retirant, beneficiary, or survivor, except with the | 5899 |
written authorization of the individual concerned. | 5900 |
(D) All medical reports and recommendations are privileged | 5901 |
except as follows: | 5902 |
(1) Copies of such medical reports or recommendations shall | 5903 |
be made available to the individual's personal physician, | 5904 |
attorney, or authorized agent upon written release received from | 5905 |
such individual or such individual's agent, or when necessary for | 5906 |
the proper administration of the fund to the board-assigned | 5907 |
physician. | 5908 |
(2) Documentation required by section 2929.193 of the Revised | 5909 |
Code shall be provided to a court holding a hearing under that | 5910 |
section. | 5911 |
(E) Notwithstanding the exceptions to public inspection in | 5912 |
division (C)(2) of this section, the board may furnish the | 5913 |
following information: | 5914 |
(1) If a member, former member, or retirant is subject to an | 5915 |
order issued under section 2907.15 of the Revised Code or an order | 5916 |
issued under division (A) or (B) of section 2929.192 of the | 5917 |
Revised Code or is convicted of or pleads guilty to a violation of | 5918 |
section 2921.41 of the Revised Code, on written request of a | 5919 |
prosecutor as defined in section 2935.01 of the Revised Code, the | 5920 |
board shall furnish to the prosecutor the information requested | 5921 |
from the individual's personal history record. | 5922 |
(2) Pursuant to a court order issued under Chapters 3119., | 5923 |
3121., and 3123. of the Revised Code, the board shall furnish to a | 5924 |
court or child support enforcement agency the information required | 5925 |
under those chapters. | 5926 |
(3) At the written request of any nonprofit organization or | 5927 |
association providing services to retirement system members, | 5928 |
retirants, or beneficiaries, the board shall provide to the | 5929 |
organization or association a list of the names and addresses of | 5930 |
members, former members, retirants, or beneficiaries if the | 5931 |
organization or association agrees to use such information solely | 5932 |
in accordance with its stated purpose of providing services to | 5933 |
such individuals and not for the benefit of other persons, | 5934 |
organizations, or associations. The costs of compiling, copying, | 5935 |
and mailing the list shall be paid by such entity. | 5936 |
(4) Within fourteen days after receiving from the director of | 5937 |
job and family services a list of the names and social security | 5938 |
numbers of recipients of public assistance pursuant to section | 5939 |
5101.181 of the Revised Code, the board shall inform the auditor | 5940 |
of state of the name, current or most recent employer address, and | 5941 |
social security number of each member whose name and social | 5942 |
security number are the same as those of a person whose name or | 5943 |
social security number was submitted by the director. The board | 5944 |
and its employees, except for purposes of furnishing the auditor | 5945 |
of state with information required by this section, shall preserve | 5946 |
the confidentiality of recipients of public assistance in | 5947 |
compliance with section 5101.181 of the Revised Code. | 5948 |
(5) The system shall comply with orders issued under section | 5949 |
3105.87 of the Revised Code. | 5950 |
On the written request of an alternate payee, as defined in | 5951 |
section 3105.80 of the Revised Code, the system shall furnish to | 5952 |
the alternate payee information on the amount and status of any | 5953 |
amounts payable to the alternate payee under an order issued under | 5954 |
section 3105.171 or 3105.65 of the Revised Code. | 5955 |
(6) At the request of any person, the board shall make | 5956 |
available to the person copies of all documents, including | 5957 |
resumes, in the board's possession regarding filling a vacancy of | 5958 |
an employee member or retirant member of the board. The person who | 5959 |
made the request shall pay the cost of compiling, copying, and | 5960 |
mailing the documents. The information described in this division | 5961 |
is a public record. | 5962 |
(7) The system shall provide the notice required by section | 5963 |
5505.263 of the Revised Code to the prosecutor assigned to the | 5964 |
case. | 5965 |
(8) The system may provide information requested by the | 5966 |
United States social security administration, United States | 5967 |
centers for medicare and medicaid, public employees retirement | 5968 |
system, Ohio public employees deferred compensation program, Ohio | 5969 |
police and fire pension fund, school employees retirement system, | 5970 |
state teachers retirement system, or Cincinnati retirement system. | 5971 |
(F) A statement that contains information obtained from the | 5972 |
system's records that is certified and signed by an officer of the | 5973 |
retirement system and to which the system's official seal is | 5974 |
affixed, or copies of the system's records to which the signature | 5975 |
and seal are attached, shall be received as true copies of the | 5976 |
system's records in any court or before any officer of this state. | 5977 |
(G) The board may maintain records in printed or electronic | 5978 |
format. | 5979 |
Sec. 5505.112. Any action brought against the state highway | 5980 |
patrol retirement system or the state highway patrol retirement | 5981 |
board or its officers, employees, or board members in their | 5982 |
official capacities shall be brought in the appropriate court in | 5983 |
Franklin county, Ohio. | 5984 |
Sec. 5505.12. (A) The state highway patrol retirement board | 5985 |
shall have prepared annually by or under the supervision of an | 5986 |
actuary an actuarial valuation of the pension assets, liabilities, | 5987 |
and funding requirements of the state highway patrol retirement | 5988 |
system as established pursuant to this chapter. The actuary shall | 5989 |
complete the valuation in accordance with actuarial standards of | 5990 |
practice promulgated by the actuarial standards board of the | 5991 |
American academy of actuaries and prepare a report of the | 5992 |
valuation. The report shall include all of the following: | 5993 |
(1) A summary of the benefit provisions evaluated; | 5994 |
(2) A summary of the census data and financial information | 5995 |
used in the valuation; | 5996 |
(3) A description of the actuarial assumptions, actuarial | 5997 |
cost method, and asset valuation method used in the valuation, | 5998 |
including a statement of the assumed rate of payroll growth and | 5999 |
assumed rate of growth or decline in the number of members | 6000 |
contributing to the retirement system; | 6001 |
(4) A summary of findings that includes a statement of the | 6002 |
actuarial accrued pension liabilities and unfunded actuarial | 6003 |
accrued pension liabilities; | 6004 |
(5) A schedule showing the effect of any changes in the | 6005 |
benefit provisions, actuarial assumptions, or cost methods since | 6006 |
the last annual actuarial valuation; | 6007 |
(6) A statement of whether contributions to the retirement | 6008 |
system are expected to be sufficient to satisfy the funding | 6009 |
objectives established by the board. | 6010 |
The board shall submit the report to the Ohio retirement | 6011 |
study council, the director of budget and management, and the | 6012 |
standing committees of the house of representatives and the senate | 6013 |
with primary responsibility for retirement legislation immediately | 6014 |
upon its availability and not later than the first day of | 6015 |
September following the year for which the valuation was made. | 6016 |
(B) At such times as the state highway patrol retirement | 6017 |
board determines, and at least once in each five-year period | 6018 |
6019 | |
supervision of an actuary an actuarial investigation of the | 6020 |
mortality, service, and other experience of the members, | 6021 |
retirants, and beneficiaries to update the actuarial assumptions | 6022 |
used in the actuarial valuation required by division (A) of this | 6023 |
section. The actuary shall prepare a report of the actuarial | 6024 |
investigation. The report shall be prepared and any recommended | 6025 |
changes in actuarial assumptions shall be made in accordance with | 6026 |
the actuarial standards of practice promulgated by the actuarial | 6027 |
standards board of the American academy of actuaries. The report | 6028 |
shall include all of the following: | 6029 |
(1) A summary of relevant decrement and economic assumption | 6030 |
experience observed over the period of the investigation; | 6031 |
(2) Recommended changes in actuarial assumptions to be used | 6032 |
in subsequent actuarial valuations required by division (A) of | 6033 |
this section; | 6034 |
(3) A measurement of the financial effect of the recommended | 6035 |
changes in actuarial assumptions; | 6036 |
(4) If the investigation required by this division includes | 6037 |
the investigation required by division (F) of this section, a | 6038 |
report of the result of that investigation. | 6039 |
The board shall submit the report to the Ohio retirement | 6040 |
study council and the standing committees of the house of | 6041 |
representatives and the senate with primary responsibility for | 6042 |
retirement legislation not later than the first day of November | 6043 |
following the last fiscal year of the period the report covers. | 6044 |
(C) The board may at any time request the actuary to make any | 6045 |
studies or actuarial valuations to determine the adequacy of the | 6046 |
rates of contributions provided by section 5505.15 of the Revised | 6047 |
Code. | 6048 |
(D) The board shall have prepared by or under the supervision | 6049 |
of an actuary an actuarial analysis of any introduced legislation | 6050 |
expected to have a measurable financial impact on the retirement | 6051 |
system. The actuarial analysis shall be completed in accordance | 6052 |
with the actuarial standards of practice promulgated by the | 6053 |
actuarial standards board of the American academy of actuaries. | 6054 |
The actuary shall prepare a report of the actuarial analysis, | 6055 |
which shall include all of the following: | 6056 |
(1) A summary of the statutory changes that are being | 6057 |
evaluated; | 6058 |
(2) A description of or reference to the actuarial | 6059 |
assumptions and actuarial cost method used in the report; | 6060 |
(3) A description of the participant group or groups included | 6061 |
in the report; | 6062 |
(4) A statement of the financial impact of the legislation, | 6063 |
including the resulting increase, if any, in the employer normal | 6064 |
cost percentage; the increase, if any, in actuarial accrued | 6065 |
liabilities; and the per cent of payroll that would be required to | 6066 |
amortize the increase in actuarial accrued liabilities as a level | 6067 |
per cent of covered payroll for all active members over a period | 6068 |
not to exceed thirty years; | 6069 |
(5) A statement of whether the scheduled contributions to the | 6070 |
system after the proposed change is enacted are expected to be | 6071 |
sufficient to satisfy the funding objectives established by the | 6072 |
board. | 6073 |
Not later than sixty days from the date of introduction of | 6074 |
the legislation, the board shall submit a copy of the actuarial | 6075 |
analysis to the legislative service commission, the standing | 6076 |
committees of the house of representatives and the senate with | 6077 |
primary responsibility for retirement legislation, and the Ohio | 6078 |
retirement study council. | 6079 |
(E) The board shall have prepared annually a report giving a | 6080 |
full accounting of the revenues and costs relating to the | 6081 |
provision of benefits under section 5505.28 of the Revised Code. | 6082 |
The report shall be made | 6083 |
than the thirty-first day of December of each year | 6084 |
report shall include the following: | 6085 |
(1) A description of the statutory authority for the benefits | 6086 |
provided; | 6087 |
(2) A summary of the benefits; | 6088 |
(3) A summary of the eligibility requirements for the | 6089 |
benefits; | 6090 |
(4) A statement of the number of participants eligible for | 6091 |
the benefits; | 6092 |
(5) A description of the accounting, asset valuation, and | 6093 |
funding method used to provide the benefits; | 6094 |
(6) A statement of the net assets available for the provision | 6095 |
of the benefits as of the last day of the fiscal year; | 6096 |
(7) A statement of any changes in the net assets available | 6097 |
for the provision of benefits, including participant and employer | 6098 |
contributions, net investment income, administrative expenses, and | 6099 |
benefits provided to participants, as of the last day of the | 6100 |
fiscal year; | 6101 |
(8) For the last six consecutive fiscal years, a schedule of | 6102 |
the net assets available for the benefits, the annual cost of | 6103 |
benefits, administrative expenses incurred, and annual employer | 6104 |
contributions allocated for the provision of benefits; | 6105 |
(9) A description of any significant changes that affect the | 6106 |
comparability of the report required under this division; | 6107 |
(10) A statement of the amount paid under division (B) of | 6108 |
section 5505.28 of the Revised Code. | 6109 |
The board shall submit the report to the Ohio retirement | 6110 |
study council, the director of budget and management, and the | 6111 |
standing committees of the house of representatives and the senate | 6112 |
with primary responsibility for retirement legislation immediately | 6113 |
upon its availability and not later than the thirtieth day of June | 6114 |
following the year for which the report was made. | 6115 |
(F) At least once in each five-year period, the board shall | 6116 |
have prepared by or under the supervision of an actuary an | 6117 |
actuarial investigation of the deferred retirement option plan | 6118 |
established under section 5505.50 of the Revised Code. The | 6119 |
investigation shall include an examination of the financial | 6120 |
impact, if any, on the retirement system of offering the plan to | 6121 |
members. | 6122 |
The actuary shall prepare a report of the actuarial | 6123 |
investigation. The report shall include a determination of whether | 6124 |
the plan, as established or modified, has a negative financial | 6125 |
impact on the retirement system and, if so, recommendations on how | 6126 |
to modify the plan to eliminate the negative financial impact. If | 6127 |
the actuarial report indicates that the plan has a negative | 6128 |
financial impact on the retirement system, the board shall modify | 6129 |
the plan. If the board modifies the plan, the rights and | 6130 |
obligations of members who have already elected to participate | 6131 |
shall not be altered. | 6132 |
The state's contributions to the employer accumulation fund | 6133 |
shall not be increased to offset any negative financial impact of | 6134 |
the deferred retirement option plan. | 6135 |
The board may include the actuarial investigation required | 6136 |
under this division as part of the actuarial investigation | 6137 |
required under division (B) of this section. If the report of the | 6138 |
actuarial investigation required by this division is not included | 6139 |
in the report required by division (B) of this section, the board | 6140 |
shall submit the report required by this division to the Ohio | 6141 |
retirement study council and the standing committees of the house | 6142 |
of representatives and the senate with primary responsibility for | 6143 |
retirement legislation not later than the first day of November | 6144 |
following the last fiscal year of the period the report covers. | 6145 |
Sec. 5505.14. Subject to such rules and regulations as the | 6146 |
state highway patrol retirement board adopts, the board shall | 6147 |
issue, upon written request of the member, a certificate | 6148 |
certifying to the aggregate length of all | 6149 |
service as a state highway patrol employee. | 6150 |
6151 |
Sec. 5505.15. (A) | 6152 |
retirement system shall contribute a certain percentage of the | 6153 |
member's annual salary to the state highway patrol retirement | 6154 |
fund. The percentage shall be not less than ten per cent of the | 6155 |
member's annual salary but not more than fourteen per cent. The | 6156 |
state highway patrol retirement board shall establish and may | 6157 |
adjust the rate as it considers necessary to meet the amortization | 6158 |
period requirement of section 5505.121 of the Revised Code. The | 6159 |
board shall base its determination of the necessary rate on the | 6160 |
annual actuarial valuation required by section 5505.12 of the | 6161 |
Revised Code. The amount shall be deducted by the employer from | 6162 |
the employee's salary for each payroll period. | 6163 |
| 6164 |
6165 | |
6166 | |
6167 | |
6168 | |
6169 |
(B) The state shall annually pay into the employer | 6170 |
accumulation fund, in monthly or less frequent installments as the | 6171 |
state highway patrol retirement board requires, the employer | 6172 |
contribution. The employer contribution shall be an amount equal | 6173 |
to twenty-six and one-half per cent of the total salaries paid | 6174 |
contributing members. If a member severs connection with the | 6175 |
patrol or is dismissed, the employer contribution shall remain in | 6176 |
the retirement system. | 6177 |
The rate percentage of the employer contribution shall be | 6178 |
certified by the board to the director of budget and management | 6179 |
and shall not be lower than nine per cent of the total salaries | 6180 |
paid contributing members and shall not exceed three times the | 6181 |
rate percentage being deducted from the annual salaries of | 6182 |
contributing members. The board shall prepare and submit to the | 6183 |
director, on or before the first day of November of each | 6184 |
even-numbered year, an estimate of the amounts necessary to pay | 6185 |
the state's obligations accruing during the biennium beginning the | 6186 |
first day of July of the following year. Such amounts shall be | 6187 |
included in the budget and allocated as certified by the board. | 6188 |
Sec. 5505.16. (A) A member of the state highway patrol | 6189 |
retirement system who has | 6190 |
6191 | |
credit according to the rules adopted by the state highway patrol | 6192 |
retirement board may make application for a pension which, if the | 6193 |
member is under age forty-eight, shall be deferred until age | 6194 |
forty-eight. | 6195 |
(B) A member | 6196 |
6197 | |
6198 | |
retirement board, may make application for a pension that, if the | 6199 |
member is under age fifty-two, shall be deferred until age | 6200 |
fifty-two, except that any such member who has attained twenty | 6201 |
years of service may, on or after attaining age forty-eight but | 6202 |
before attaining age fifty-two, elect to receive a reduced pension | 6203 |
of the greater of nine hundred dollars or an amount computed as | 6204 |
follows: | 6205 |
Attained Age | Reduced Pension | 6206 | |||
48 | 75% of normal service pension | 6207 | |||
49 | 80% of normal service pension | 6208 | |||
50 | 86% of normal service pension | 6209 | |||
51 | 93% of normal service pension | 6210 |
In the case of a member who elects to receive a reduced | 6211 |
pension after attaining age forty-eight, the reduced pension is | 6212 |
payable from the later of the date of the member's most recent | 6213 |
birthday or the date the member becomes eligible to receive the | 6214 |
reduced pension. | 6215 |
A member who has elected to receive a reduced pension in | 6216 |
accordance with the schedule provided in this division and has | 6217 |
received a payment in connection therewith may not change the | 6218 |
election. | 6219 |
(C) Any member who attains the age of sixty years and has | 6220 |
6221 | |
6222 | |
rules adopted by the board, shall file application for retirement | 6223 |
with the board, and if the member refuses or neglects to do so, | 6224 |
the board may deem the member's application to have been filed on | 6225 |
the member's sixtieth birthday. The member may, upon written | 6226 |
application approved by the superintendent of the state highway | 6227 |
patrol, be continued in service after attaining the age of sixty | 6228 |
years, but only until the member has accumulated twenty years of | 6229 |
service credit in accordance with rules adopted by the board. | 6230 |
(D)(1) As used in this division: | 6231 |
(a) "Service in the uniformed services" means the performance | 6232 |
of duty on a voluntary or involuntary basis in a uniformed service | 6233 |
under competent authority and includes active duty, active duty | 6234 |
for training, initial active duty for training, inactive duty | 6235 |
training, full-time national guard duty, and a period for which a | 6236 |
person is absent from a position of employment for the purpose of | 6237 |
an examination to determine the fitness of the person to perform | 6238 |
any such duty. | 6239 |
(b) "Uniformed services" of the United States includes both: | 6240 |
(i) Army, navy, air force, marine corps, coast guard, or any | 6241 |
reserve components of these services; auxiliary corps as | 6242 |
established by congress; army nurse corps; navy nurse corps; | 6243 |
service as red cross nurse with the army, navy, air force, or | 6244 |
hospital service of the United States, or serving full-time with | 6245 |
the American red cross in a combat zone; and such other service as | 6246 |
is designated by congress as included therein; | 6247 |
(ii) Personnel of the Ohio national guard, the Ohio military | 6248 |
reserve, the Ohio naval militia, and the reserve components of the | 6249 |
armed forces enumerated in division (D)(1) of this section who are | 6250 |
called to active duty pursuant to an executive order issued by the | 6251 |
president of the United States or an act of congress. | 6252 |
(2) A member's total service credit may include periods not | 6253 |
to exceed a total of seven years, while the member's employment | 6254 |
with the state highway patrol is or was interrupted due to service | 6255 |
in the uniformed services of the United States. Such military | 6256 |
service shall be credited to the member towards total service as | 6257 |
provided by this chapter and to the extent approved by the board, | 6258 |
provided that: | 6259 |
(a) The member is or was honorably discharged from service in | 6260 |
the uniformed services; | 6261 |
(b) The member is or was re-employed by the state highway | 6262 |
patrol within ninety days immediately following termination of | 6263 |
service in the uniformed services; | 6264 |
(c) The member, subject to board rules, pays into the | 6265 |
retirement system to the member's credit in the employees' savings | 6266 |
fund an amount equal to the total contributions the member would | 6267 |
have paid had state highway patrol employment not been so | 6268 |
interrupted. Such payment may be made at any time prior to receipt | 6269 |
of a pension. | 6270 |
(3) If the member meets the requirements of division (D)(2) | 6271 |
of this section, on receipt of contributions from the member, the | 6272 |
state highway patrol shall be billed for the employer contribution | 6273 |
that would have been paid pursuant to section 5505.15 of the | 6274 |
Revised Code if the member had not rendered service in the | 6275 |
uniformed services, subject to board rules. | 6276 |
(4) If under division (D)(2)(c) of this section a member pays | 6277 |
all or any portion of the contributions later than the lesser of | 6278 |
five years or a period that is three times the member's period of | 6279 |
service in the uniformed services beginning from the | 6280 |
member's date of re-employment | 6281 |
equal to compound interest at a rate established by the board from | 6282 |
the | 6283 |
6284 | |
amount to be paid by the member to purchase service credit under | 6285 |
this section. | 6286 |
(5) Credit purchased by a member under division (D)(2) of | 6287 |
this section shall be used to determine the member's eligibility | 6288 |
for retirement under this section and section 5505.17 of the | 6289 |
Revised Code. | 6290 |
Sec. 5505.17. (A)(1) Upon retirement as provided in section | 6291 |
5505.16 of the Revised Code, a member of the state highway patrol | 6292 |
retirement system shall receive a life pension, without guaranty | 6293 |
or refund, equal to the greater of one thousand fifty dollars or | 6294 |
the sum of two and one-half per cent of the member's final average | 6295 |
salary multiplied by the first twenty years of total service | 6296 |
credit, plus two and one-quarter per cent of the member's final | 6297 |
average salary multiplied by the number of years, and fraction of | 6298 |
a year, of total service credit in excess of twenty years but not | 6299 |
in excess of twenty-five years, plus two per cent of the member's | 6300 |
final average salary multiplied by the number of years, and | 6301 |
fraction of a year, in excess of twenty-five years; provided that | 6302 |
in no case shall the pension exceed the lesser of seventy-nine and | 6303 |
one-quarter per cent of the member's final average salary or the | 6304 |
limit established by section 415 of the "Internal Revenue Code of | 6305 |
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. | 6306 |
(2) A member with fifteen or more years of total service | 6307 |
credit, who voluntarily resigns or who is discharged from the | 6308 |
state highway patrol for any reason except retirement under this | 6309 |
chapter, death, dishonesty, cowardice, intemperate habits, or | 6310 |
conviction of a felony, shall receive a pension equal to one and | 6311 |
one-half per cent of the member's final average salary multiplied | 6312 |
by the number of years, and fraction of a year, of total service | 6313 |
credit, except that the pension shall not exceed the limit | 6314 |
established by section 415 of the "Internal Revenue Code of 1986," | 6315 |
100 Stat. 2085, 26 U.S.C.A. 415, as amended. The pension shall | 6316 |
commence at the end of the calendar month in which the application | 6317 |
is filed with the retirement board on or after the attainment of | 6318 |
age fifty-five years by the applicant. A member who withdraws any | 6319 |
part or all of the accumulated contributions from the employees' | 6320 |
savings fund shall thereupon forfeit all rights to a pension | 6321 |
provided for in this division. | 6322 |
(3)(a) A surviving spouse of a deceased member shall receive | 6323 |
a monthly pension, determined as follows, during the spouse's | 6324 |
life: | 6325 |
(i) If at the time of death the member was not eligible to be | 6326 |
granted a pension payable under this section or to elect to | 6327 |
receive a reduced pension payable under section 5505.16 of the | 6328 |
Revised Code, nine hundred dollars; | 6329 |
(ii) If at the time of death the member was eligible to be | 6330 |
granted a pension payable under this section or to elect to | 6331 |
receive a reduced pension payable under section 5505.16 of the | 6332 |
Revised Code, the greater of nine hundred dollars or fifty per | 6333 |
cent of the computed monthly pension the member would have | 6334 |
received had the member been granted a pension under this section | 6335 |
or elected to receive a reduced pension under section 5505.16 of | 6336 |
the Revised Code. | 6337 |
(b) The surviving spouse of a retirant shall receive a | 6338 |
monthly pension, determined as follows, during the spouse's life: | 6339 |
(i) If the retirant had applied for a pension payable under | 6340 |
section 5505.16 of the Revised Code, but at the time of death had | 6341 |
not attained the age of eligibility for the pension, nine hundred | 6342 |
dollars; | 6343 |
(ii) If the retirant had applied for a pension payable under | 6344 |
section 5505.16 of the Revised Code and had attained the age of | 6345 |
eligibility for the pension, but at the time of death had not | 6346 |
elected to begin receiving the pension, the greater of nine | 6347 |
hundred dollars or fifty per cent of the computed monthly pension | 6348 |
the retirant was eligible to receive under section 5505.16 of the | 6349 |
Revised Code; | 6350 |
(iii) If the retirant was receiving a pension under this | 6351 |
section or section 5505.16 or 5505.18 of the Revised Code, or, | 6352 |
regardless of whether or not the retirant had actually received | 6353 |
any payment, if the retirant was eligible to receive a pension | 6354 |
under this section or section 5505.16 or 5505.18 of the Revised | 6355 |
Code and had elected to begin receiving it, the greater of nine | 6356 |
hundred dollars or fifty per cent of the computed monthly pension | 6357 |
awarded the retirant. | 6358 |
(c) If a monthly pension to a surviving spouse was terminated | 6359 |
due to a remarriage, the surviving spouse is eligible to receive a | 6360 |
monthly pension under division (A)(3) of this section effective | 6361 |
the first day of the first month following June 5, 1996. The | 6362 |
pension shall be computed under division (A)(3) of this section as | 6363 |
of June 5, 1996. The pension payable to a person who is the | 6364 |
surviving spouse of more than one state highway patrol retirement | 6365 |
system member or retirant shall be computed on the basis of the | 6366 |
service of the member or retirant to whom the surviving spouse was | 6367 |
most recently married. | 6368 |
(4) A pension of one hundred fifty dollars per month shall be | 6369 |
paid by the system to or for the benefit of each child of a | 6370 |
deceased member or retirant until the child attains the age of | 6371 |
eighteen years or marries, whichever event occurs first, or until | 6372 |
the child attains twenty-three years of age if the child is a | 6373 |
student in and attending an institution of learning or training | 6374 |
pursuant to a program designed to complete in each school year the | 6375 |
equivalent of at least two-thirds of the full-time curriculum | 6376 |
requirements of the institution, as determined by the retirement | 6377 |
board. If any surviving child, regardless of age at the time of | 6378 |
the member's or retirant's death, because of physical or mental | 6379 |
disability, was totally dependent upon the deceased member or | 6380 |
retirant for support at the time of death, a pension of one | 6381 |
hundred fifty dollars per month shall be paid by the system to or | 6382 |
for the benefit of the child during the child's natural life or | 6383 |
until the child recovers from the disability. | 6384 |
(5)(a) If a retirant died prior to June 6, 1988, and the | 6385 |
surviving spouse was not married to the retirant while the | 6386 |
retirant was in the active service of the patrol, the surviving | 6387 |
spouse shall receive a pension of the greater of four hundred | 6388 |
twenty-five dollars per month or fifty per cent of the computed | 6389 |
monthly pension the retirant was receiving. | 6390 |
(b) If the pension payable to a person receiving a pension | 6391 |
under division (A)(5)(a) of this section on | 6392 |
6393 | |
per month, the pension shall be increased to nine hundred dollars | 6394 |
per month. | 6395 |
(6) | 6396 |
6397 | |
6398 | |
6399 | |
6400 |
| 6401 |
6402 | |
6403 | |
6404 |
| 6405 |
surviving children, but leaves two parents depending solely upon | 6406 |
the deceased member or retirant for support, each parent shall be | 6407 |
paid a monthly pension of one hundred fifty-four dollars. If in | 6408 |
such case there is only one parent dependent solely upon the | 6409 |
deceased member or retirant for support, such parent shall be paid | 6410 |
a monthly pension of one hundred fifty-four dollars. Such pension | 6411 |
shall be paid during the life of the surviving parents, or until | 6412 |
dependency ceases, or until remarriage, whichever event occurs | 6413 |
first. | 6414 |
| 6415 |
the time of death of a
| 6416 |
spouse or dependent children or parents shall be paid to the | 6417 |
estate of the | 6418 |
| 6419 |
division (A)(5) | 6420 |
the calculation of the additional benefit paid under section | 6421 |
5505.174 of the Revised Code. | 6422 |
(B) The board shall adopt, and may amend or rescind, the | 6423 |
necessary rules for the administration of this section and all | 6424 |
decisions of the board shall be final. Any payment of a pension or | 6425 |
benefit under this section is subject to the provisions of section | 6426 |
5505.26 of the Revised Code. | 6427 |
(C) A member's total service credit may include periods | 6428 |
during which the member's employment with the state highway patrol | 6429 |
is interrupted by a leave of absence, when requested by the | 6430 |
governor, to accept employment with another agency of the state, | 6431 |
provided that: | 6432 |
(1) The member is reemployed by the state highway patrol | 6433 |
within thirty days following termination of such other employment; | 6434 |
(2) The member pays into the retirement system, to the credit | 6435 |
of the employees' savings fund, an amount equal to the total | 6436 |
contributions the member would have paid had the state highway | 6437 |
patrol employment not been so interrupted. Such repayment shall | 6438 |
begin within ninety days after the member's return to duty with | 6439 |
the state highway patrol and be completed within a period equal to | 6440 |
that of the leave of absence. | 6441 |
(D) Service credits granted under division (C) of this | 6442 |
section shall not include any duplications of credits for which a | 6443 |
pension is payable by the public employees retirement system. | 6444 |
Sec. 5505.174. (A) Eligibility for an increase under this | 6445 |
section shall be determined as follows: | 6446 |
(1) For a person whose pension effective date is prior to | 6447 |
6448 | |
person" is one of the following: | 6449 |
(a) A person fifty-three years old or older who has been | 6450 |
receiving a pension pursuant to division (B) of section 5505.16, | 6451 |
division (A)(1) of section 5505.17, or division (B) of section | 6452 |
5505.18 of the Revised Code for not less than twelve months; | 6453 |
(b) A person who has been receiving a pension pursuant to | 6454 |
division (B) of section 5505.18 of the Revised Code for not less | 6455 |
than sixty months regardless of age; | 6456 |
(c) A person who has been receiving a pension pursuant to | 6457 |
section 5505.162 or division (A)(3), (4), (5), or (6) | 6458 |
section 5505.17 of the Revised Code for not less than twelve | 6459 |
months regardless of age. | 6460 |
(2) For a person whose pension effective date is on or after | 6461 |
6462 | |
person" is a person who is sixty years old or older who has been | 6463 |
receiving a pension pursuant to division (B) of section 5505.16, | 6464 |
section 5505.162, division (A)(1), (3), (4), (5), or (6) | 6465 |
of section 5505.17, or division (B) of section 5505.18 of the | 6466 |
Revised Code for not less than twelve months. | 6467 |
(B)(1) Except as otherwise provided in this section, the | 6468 |
state highway patrol retirement board shall annually increase | 6469 |
pensions payable to eligible persons under this chapter in | 6470 |
accordance with the following: | 6471 |
(a) For each person sixty-five years of age or older who is | 6472 |
receiving a pension not greater than one hundred eighty-five per | 6473 |
cent of the federal poverty level for a family of two persons, as | 6474 |
revised annually by the United States department of health and | 6475 |
human services in accordance with section 673(2) of the "Omnibus | 6476 |
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as | 6477 |
amended, the board shall increase the pension by three per cent. | 6478 |
(b) For persons other than those described in division | 6479 |
(B)(1)(a) of this section, the board may increase the pension. Any | 6480 |
increase shall be determined by the board based on compliance with | 6481 |
the amortization period requirement of section 5505.121 of the | 6482 |
Revised Code. The board's determination shall be based on the | 6483 |
annual actuarial valuation required by section 5505.12 of the | 6484 |
Revised Code. If the board determines that an increase may be | 6485 |
made, the increase shall not exceed three per cent of the eligible | 6486 |
person's pension. | 6487 |
(2) No increase under this section shall exceed the limit | 6488 |
established by section 415 of the "Internal Revenue Code of 1986," | 6489 |
100 Stat. 2085, 26 U.S.C. 415, as amended. | 6490 |
(3) The date of the first increase paid under this section | 6491 |
shall be the anniversary date for future increases. The pension | 6492 |
used in the first calculation of an increase under this section | 6493 |
shall remain as the base for all future increases paid under this | 6494 |
section, unless a new base is established. | 6495 |
(C) If payment of a portion of a benefit is made to an | 6496 |
alternate payee under section 5505.261 of the Revised Code, | 6497 |
increases under this section granted while the order is in effect | 6498 |
shall be apportioned between the alternate payee and the eligible | 6499 |
person in the same proportion that the amount being paid to the | 6500 |
alternate payee bears to the amount paid to the eligible person. | 6501 |
If payment of a portion of a benefit is made to one or more | 6502 |
beneficiaries under "option 4" under division (A)(4) of section | 6503 |
5505.162 of the Revised Code, each increase under this section | 6504 |
granted while the plan of payment is in effect shall be divided | 6505 |
among the designated beneficiaries in accordance with the portion | 6506 |
each beneficiary has been allocated. | 6507 |
(D) The board shall adopt, and may amend or rescind, any rule | 6508 |
necessary to carry out this section. | 6509 |
Sec. 5505.18. As used in this section, "member" does not | 6510 |
include state highway patrol cadets attending training schools | 6511 |
pursuant to section 5503.05 of the Revised Code. | 6512 |
(A) Upon the application of a member of the state highway | 6513 |
patrol retirement system, a person acting on behalf of a member, | 6514 |
or the superintendent of the state highway patrol on behalf of a | 6515 |
member, a member who becomes totally and permanently incapacitated | 6516 |
for duty in the employ of the state highway patrol may be retired | 6517 |
on disability by the board. | 6518 |
The medical or psychological examination of a member who has | 6519 |
applied for disability retirement shall be conducted by a | 6520 |
competent health-care professional or professionals appointed by | 6521 |
the board. The health-care professional or professionals shall | 6522 |
file a written report with the board containing the following | 6523 |
information: | 6524 |
(1) Whether the member is totally incapacitated for duty in | 6525 |
the employ of the patrol; | 6526 |
(2) Whether the incapacity is expected to be permanent; | 6527 |
(3) The cause of the member's incapacity. | 6528 |
The board shall determine whether the member qualifies for | 6529 |
disability retirement and its decision shall be final. The board | 6530 |
shall consider the written medical or psychological report, | 6531 |
opinions, statements, and other competent evidence in making its | 6532 |
determination. If the incapacity is a result of heart disease or | 6533 |
any cardiovascular disease of a chronic nature, which disease or | 6534 |
any evidence of which was not revealed by the physical examination | 6535 |
passed by the member on entry into the patrol, the member is | 6536 |
presumed to have incurred the disease in the line of duty as a | 6537 |
member of the patrol, unless the contrary is shown by competent | 6538 |
evidence. | 6539 |
(B)(1) Except as provided under division (A) of section | 6540 |
5505.58 of the Revised Code, a member whose retirement on account | 6541 |
of disability incurred in the line of duty shall receive the | 6542 |
applicable pension provided for in section 5505.17 of the Revised | 6543 |
Code, except that if the member has less than twenty-five years of | 6544 |
contributing service, the member's service credit shall be deemed | 6545 |
to be twenty-five years for the purpose of this provision. In no | 6546 |
case shall the member's disability pension be less than sixty-one | 6547 |
and one-quarter per cent or exceed the lesser of seventy-nine and | 6548 |
one-quarter per cent of the member's final average salary or the | 6549 |
limit established by section 415 of the "Internal Revenue Code of | 6550 |
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. | 6551 |
(2) Except as provided under division (B) of section 5505.58 | 6552 |
of the Revised Code, a member whose retirement on account of | 6553 |
disability incurred not in the line of duty shall receive the | 6554 |
applicable pension provided for in section 5505.17 of the Revised | 6555 |
Code, except that if the member has less than twenty years of | 6556 |
contributing service, the member's service credit shall be deemed | 6557 |
to be twenty years for the purpose of this provision. In no case | 6558 |
shall the member's disability pension exceed the lesser of | 6559 |
seventy-nine and one-quarter per cent of the member's final | 6560 |
average salary or the limit established by section 415 of the | 6561 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, | 6562 |
as amended. | 6563 |
(C) The state highway patrol retirement board shall adopt | 6564 |
rules requiring a disability | 6565 |
condition of continuing to receive a disability pension, to agree | 6566 |
in writing to obtain any medical or psychological treatment | 6567 |
recommended by the board's health-care professional and submit | 6568 |
medical or psychological reports regarding the treatment. If the | 6569 |
board determines that a disability | 6570 |
not obtaining the medical or psychological treatment or the board | 6571 |
does not receive a required medical or psychological report, the | 6572 |
disability pension shall be suspended until the treatment is | 6573 |
obtained, the report is received by the board, or the board's | 6574 |
health-care professional certifies that the treatment is no longer | 6575 |
helpful or advisable. Should the | 6576 |
obtain treatment or submit a medical or psychological report | 6577 |
continue for one year, the recipient's right to the disability | 6578 |
6579 | |
the original suspension. | 6580 |
(D) A | 6581 |
retirant who has not attained the age of sixty years shall be | 6582 |
subject to an annual medical or psychological re-examination by | 6583 |
health-care professionals appointed by the board, except that the | 6584 |
board may waive the re-examination if the board's health-care | 6585 |
professionals certify that the | 6586 |
ongoing. If any | 6587 |
refuses to submit to a medical or psychological re-examination, | 6588 |
the | 6589 |
until the | 6590 |
continues for one year, all the
| 6591 |
and to the disability pension shall be terminated as of the | 6592 |
effective date of the original suspension. | 6593 |
(E) Each | 6594 |
retirant who has not attained the age of sixty years shall file | 6595 |
with the board an annual statement of earnings, current medical or | 6596 |
psychological information on the recipient's condition, and any | 6597 |
other information required in rules adopted by the board. The | 6598 |
board may waive the requirement that a disability | 6599 |
6600 | |
medical or psychological information if the board's health-care | 6601 |
professional certifies that the | 6602 |
is ongoing. | 6603 |
The board shall annually examine the information submitted by | 6604 |
the | 6605 |
the statement or information, the disability pension shall be | 6606 |
suspended until the statement and information are filed. If the | 6607 |
refusal continues for one year, the right to the pension shall be | 6608 |
terminated as of the effective date of the original suspension. | 6609 |
(F)(1) Except as provided in division (F)(2) of this section, | 6610 |
a disability retirant | 6611 |
has been physically or psychologically examined and found no | 6612 |
longer incapable of performing the retirant's duties, shall be | 6613 |
restored to the rank the retirant held at the time the retirant | 6614 |
was pensioned and all previous rights shall be restored, including | 6615 |
the retirant's civil service status, and the disability pension | 6616 |
shall terminate. Upon return to employment in the patrol, the | 6617 |
retirant shall again become a contributing member of the | 6618 |
retirement system, the total service at the time of the retirant's | 6619 |
retirement shall be restored to the retirant's credit, and the | 6620 |
retirant shall be given service credit for the period the retirant | 6621 |
was in receipt of a disability pension. The provisions of division | 6622 |
(F)(1) of this section shall be retroactive to September 5, 1941. | 6623 |
(2) The state highway patrol is not required to take action | 6624 |
under division (F)(1) of this section if the retirant was | 6625 |
dismissed or resigned in lieu of dismissal for dishonesty, | 6626 |
misfeasance, malfeasance, or conviction of a felony. | 6627 |
(G) The board may adopt rules to carry out this section, | 6628 |
including rules that specify the types of health-care | 6629 |
professionals the board may appoint for the purpose of this | 6630 |
section. | 6631 |
Sec. 5505.33. (A) As used in this section: | 6632 |
(1) "Long-term care insurance" has the same meaning as in | 6633 |
section 3923.41 of the Revised Code. | 6634 |
(2) "Retirement systems" has the same meaning as in division | 6635 |
(A) of section 145.581 of the Revised Code. | 6636 |
(B) The state highway patrol retirement board | 6637 |
establish a program under which members of the retirement system, | 6638 |
employers on behalf of members, and persons receiving service or | 6639 |
disability pensions or survivor benefits are permitted to | 6640 |
participate in contracts for long-term care insurance. | 6641 |
Participation may include dependents and family members. If a | 6642 |
participant in a contract for long-term care insurance leaves | 6643 |
employment, the person and the person's dependents and family | 6644 |
members may, at their election, continue to participate in a | 6645 |
program established under this section in the same manner as if | 6646 |
the person had not left employment, except that no part of the | 6647 |
cost of the insurance shall be paid by the person's former | 6648 |
employer. Such program may be established independently or jointly | 6649 |
with one or more of the retirement systems. | 6650 |
(C) The board may enter into an agreement with insurance | 6651 |
companies, health insuring corporations, or government agencies | 6652 |
authorized to do business in the state for issuance of a long-term | 6653 |
care insurance policy or contract. However, prior to entering into | 6654 |
such an agreement with an insurance company or health insuring | 6655 |
corporation, the board shall request the superintendent of | 6656 |
insurance to certify the financial condition of the company or | 6657 |
corporation. The board shall not enter into the agreement if, | 6658 |
according to that certification, the company or corporation is | 6659 |
insolvent, is determined by the superintendent to be potentially | 6660 |
unable to fulfill its contractual obligations, or is placed under | 6661 |
an order of rehabilitation or conservation by a court of competent | 6662 |
jurisdiction or under an order of supervision by the | 6663 |
superintendent. | 6664 |
(D) The board | 6665 |
section 111.15 of the Revised Code governing the program. | 6666 |
rules adopted by the board shall establish methods of payment for | 6667 |
participation under this section, which may include establishment | 6668 |
of a payroll deduction plan under section 5505.203 of the Revised | 6669 |
Code, deduction of the full premium charged from a person's | 6670 |
service or disability pension or survivor benefit, or any other | 6671 |
method of payment considered appropriate by the board. If the | 6672 |
program is established jointly with one or more of the other | 6673 |
retirement systems, the rules also shall establish the terms and | 6674 |
conditions of such joint participation. | 6675 |
Sec. 5505.34. If a person | 6676 |
6677 | |
6678 | |
highway patrol retirement system to which the person is not | 6679 |
entitled, the | 6680 |
repaid to the retirement system by the person. If the person fails | 6681 |
to | 6682 |
the amount due from any benefit or payment due the person or the | 6683 |
person's beneficiary or may collect the amount in any other manner | 6684 |
provided by law. | 6685 |
Sec. 5505.59. If a member dies while participating in the | 6686 |
deferred retirement option plan, all of the following apply: | 6687 |
(A) The amounts accrued to the member's benefit shall be paid | 6688 |
to the member's surviving spouse or, if there is no surviving | 6689 |
spouse, the beneficiary designated by the member on a form | 6690 |
provided by the state highway patrol retirement system. If there | 6691 |
is no surviving spouse or designated beneficiary, the amounts | 6692 |
accrued to the member's benefit shall be paid to the member's | 6693 |
estate. | 6694 |
Any payment made under this division shall be made in the | 6695 |
form of a single lump sum payment. | 6696 |
(B) The surviving spouse and, if eligible, each surviving | 6697 |
child, shall receive a pension as described in division | 6698 |
(A)(3)(b)(iii) or (4) of section 5505.17 of the Revised Code, | 6699 |
utilizing the pension amount calculated under section 5505.53 of | 6700 |
the Revised Code. | 6701 |
(C) If the member has no surviving spouse or surviving | 6702 |
children, but has a parent or parents dependent on the member for | 6703 |
support, the parent or parents shall receive a pension determined | 6704 |
under division (A) | 6705 |
(D) The lump sum payment described in section 5505.30 of the | 6706 |
Revised Code shall be paid to the member's surviving spouse or, if | 6707 |
there is no surviving spouse, to the member's estate. | 6708 |
Section 2. That existing sections 145.012, 145.09, 145.191, | 6709 |
145.194, 145.28, 145.29, 145.295, 145.297, 145.2914, 145.2915, | 6710 |
145.31, 145.311, 145.33, 145.35, 145.362, 145.363, 145.37, | 6711 |
145.384, 145.391, 145.40, 145.43, 145.431, 145.45, 145.46, | 6712 |
145.563, 145.58, 145.581, 145.584, 145.63, 145.64, 145.82, 145.88, | 6713 |
145.92, 145.95, 171.04, 311.01, 742.53, 742.63, 3307.04, 3307.35, | 6714 |
3307.39, 3307.41, 3307.56, 3307.563, 3307.57, 3307.58, 3307.62, | 6715 |
3307.66, 3307.70, 3307.71, 3307.711, 3307.73, 3309.01, 3309.11, | 6716 |
3309.26, 3309.261, 3309.28, 3309.301, 3309.35, 3309.381, 3309.42, | 6717 |
3309.45, 3309.49, 3309.51, 3309.55, 3309.56, 3309.57, 3309.571, | 6718 |
3309.691, 3309.82, 5505.03, 5505.04, 5505.12, 5505.14, 5505.15, | 6719 |
5505.16, 5505.17, 5505.174, 5505.18, 5505.33, 5505.34, and 5505.59 | 6720 |
and sections 145.402, 3307.561, and 3309.43 of the Revised Code | 6721 |
are hereby repealed. | 6722 |
Section 3. Notwithstanding sections 742.03 and 742.04 of the | 6723 |
Revised Code, the individual who receives the second highest | 6724 |
number of votes in the 2015 election for the two employee member | 6725 |
firefighter positions on the Board of Trustees of the Ohio Police | 6726 |
and Fire Pension Fund shall serve a term of three years. | 6727 |
Section 4. Section 742.63 of the Revised Code is presented in | 6728 |
this act as a composite of the section as amended by both Sub. | 6729 |
S.B. 340 and Sub. S.B. 343 of the 129th General Assembly. The | 6730 |
General Assembly, applying the principle stated in division (B) of | 6731 |
section 1.52 of the Revised Code that amendments are to be | 6732 |
harmonized if reasonably capable of simultaneous operation, finds | 6733 |
that the composite is the resulting version of the section in | 6734 |
effect prior to the effective date of the section as presented in | 6735 |
this act. | 6736 |