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(122nd General Assembly)(Amended Substitute House Bill Number 194)
AN ACT
To amend sections 133.09, 133.20, 717.07, 742.30, 742.37, 742.3715, 742.3718,
and 742.39
and to enact sections 505.265 and 742.3720 of the
Revised Code to increase the pensions payable
to certain retirees and survivors of the Police and Firemen's Disability and
Pension Fund, to allow a township to pay in a single payment its accrued
liability to the Fund by entering into an agreement with the Fund, to allow a
municipal
corporation or township to enter into an agreement with other municipal
corporations or townships to
issue on behalf of those municipal corporations or townships certain
securities for the
purpose of paying the employer's accrued liability to the Fund, and to declare
an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 133.09, 133.20, 717.07, 742.30, 742.37, 742.3715,
742.3718, and
742.39 be amended and sections 505.265 and 742.3720 of the Revised Code be
enacted
to read as follows:
Sec. 133.09. A township shall not incur net indebtedness that exceeds an
amount equal to five per cent of its tax valuation, and, except as
specifically authorized by section 505.262 of the Revised Code or other laws,
shall not incur any net indebtedness unless authorized by vote of the
electors. In calculating the net indebtedness of a township, no obligation incurred
under division (B) of section 513.17 or under section 505.264 or
505.265 of the Revised Code shall be considered. Sec. 133.20. (A) This section applies to bonds that are
general obligation Chapter 133. securities. If the bonds are
payable as to principal by provision for annual installments, the
period of limitations on their last maturity, referred to as
their maximum maturity, shall be measured from a date twelve
months prior to the first date on which provision for payment of
principal is made. If the bonds are payable as to principal by
provision for semiannual installments, the period of limitations
on their last maturity shall be measured from a date six months
prior to the first date on which provision for payment of
principal is made. (B) Bonds issued for the following permanent improvements
or for permanent improvements for the following purposes shall
have maximum maturities not exceeding the number of years stated: (1) Fifty years: (a) The clearance and preparation of real property for
redevelopment as an urban redevelopment project; (b) Acquiring, constructing, widening, relocating,
enlarging, extending, and improving a publicly owned railroad or
line of railway or a light or heavy rail rapid transit system,
including related bridges, overpasses, underpasses, and tunnels,
but not including rolling stock or equipment. (2) Forty years: (a) General waterworks or water system permanent
improvements, including buildings, water mains, or other
structures and facilities in connection therewith; (b) Sewers or sewage treatment or disposal works or
facilities, including fireproof buildings or other structures in
connection therewith; (c) Storm water drainage, surface water, and flood
prevention facilities. (3) Thirty years: (a) Municipal recreation, excluding recreational
equipment; (b) Urban redevelopment projects; (c) Acquisition of real property; (d) Street or alley lighting purposes or relocating
overhead wires, cables, and appurtenant equipment underground. (4) Twenty years: constructing, reconstructing, widening,
opening, improving, grading, draining, paving, extending, or
changing the line of roads, highways, expressways, freeways,
streets, sidewalks, alleys, or curbs and gutters, and related
bridges, viaducts, overpasses, underpasses, grade crossing
eliminations, service and access highways, and tunnels. (5) Fifteen years: (a) Resurfacing roads, highways, streets, or alleys; (b) Alarm, telegraph, or other communications systems for
police or fire departments or other emergency services; (c) Passenger buses used for mass transportation. (6) Ten years: (a) Water meters; (b) Fire department apparatus and equipment; (c) Road rollers and other road construction and servicing
vehicles; (d) Furniture, equipment, and furnishings; (e) Landscape planting and other site improvements; (f) Playground, athletic, and recreational equipment and
apparatus; (g) Energy conservation measures as authorized by section
133.06, 307.041, 505.264, or 717.02 of the Revised Code. (7) Five years: New motor vehicles other than those
described in any other division of this section and those for
which provision is made in other provisions of the Revised Code. (C) Bonds issued for any permanent improvements not within
the categories set forth in division (B) of this section shall
have maximum maturities of from five to thirty years as the
fiscal officer estimates is the estimated life or period of
usefulness of those permanent improvements. Bonds issued under
section 133.51 of the Revised Code for purposes other than
permanent improvements shall have such maturities, not to exceed
forty years, as the taxing authority shall specify. (D) Securities issued under section 505.265
or 717.07 of the Revised
Code shall mature not later than December 31, 2035. (E) A securities issue for one purpose may include
permanent improvements within two or more categories under
divisions (B) and (C) of this section. The maximum maturity of
such a bond issue shall not exceed the average number of years of
life or period of usefulness of the permanent improvements as
measured by the weighted average of the amounts expended or
proposed to be expended for the categories of permanent
improvements. Sec. 505.265. (A) A
township may enter into an agreement with the board of trustees
of the police and firemen's disability and pension fund in
accordance with section 742.30 of the
Revised
Code. The board of township
trustees may issue securities under
Chapter 133. of the
Revised
Code, including
Chapter 133. special obligation
securities that pledge taxes, other than ad valorem property
taxes, or other revenues for the purpose of providing some or
all of the funds required to satisfy the township's obligation
under the agreement. (B) A township may enter
into an agreement with one or more other townships or municipal
corporations to issue on behalf of those townships or municipal
corporations the securities described in division
(A) of this section. The
agreement may authorize the township issuing the securities to
appoint one or more fiscal agents to perform any functions
necessary to carry out an agreement entered into under this
division. Sec. 717.07. (A) A municipal corporation may enter into an
agreement with the
board of trustees of the police and firemen's
disability and pension fund in
accordance with section 742.30 of the Revised Code. The legislative authority
of a municipal corporation may issue securities under Section 3 of Article
XVIII, Ohio Constitution, or under Chapter 133. of the Revised Code, including
Chapter 133. special obligation securities that pledge taxes, other
than ad valorem property
taxes, or other revenues for the purpose of providing some or all of the funds
required to satisfy the municipal corporation's obligation under the
agreement. (B) A municipal corporation may enter into an agreement with one
or more other municipal corporations or townships to issue on behalf of those
municipal
corporations or townships the securities described in division (A) of
this
section. The agreement may authorize the municipal corporation issuing the
securities to appoint one or more fiscal agents to perform any functions
necessary to carry out an agreement entered into under this division. Sec. 742.30. (A) The employer's accrued liability, as
determined pursuant to former section 742.29 of the Revised Code,
shall be paid to the police and firemen's
disability and pension
fund. Payments shall be credited to the policemen's
pension reserve fund, or to the firemen's
pension reserve fund, in
accordance with the relief and pension fund from which the
liability for such payment arises, until such time as the
employer's accrued liability on account of pensioners and other
benefit recipients on the rolls of the particular police relief
and pension fund or firemen's relief and
pension fund is
satisfied. Thereafter, payments shall be credited to the
policemen's contribution fund or the
firemen's contribution fund,
in accordance with the relief and pension fund from which the
liability for such payments arises, until such time as the
employer's accrued liability on account of deductions made from
the compensation of policemen police officers or firemen
firefighters under the particular
police relief and pension fund or firemen's
relief and pension
fund is satisfied. Thereafter, payments shall be credited to the
policemen employers' contribution fund, or firemen
employers' contribution fund, in accordance with the
relief and pension fund
from which the liability for such payments arises, until such
time as the employer's total accrued liability under the
particular police relief and pension fund or firemen's
relief and
pension fund is satisfied. (B) That part of the employer's accrued liability
remaining unpaid on January 1, 1969, shall be paid by the
employer at not less than the following rates per year: two per
cent in 1969, two per cent in 1970, three per cent in 1971, four
per cent in 1972, and five per cent per annum beginning in 1973
and each year thereafter for sixty-two years. Except as provided
in division (C) of this section, payments shall be fixed annually
and paid on dates fixed by the board of trustees of the police
and firemen's disability and pension fund. (C) The board of trustees of the police and firemen's
disability and pension fund may enter into an
agreement with a
municipal corporation or township for a single payment by the municipal
corporation or township of the employer's accrued liability. The
agreement
may provide for a reduction in the amount of the accrued
liability based on the value to the fund of receiving a single
payment. A municipal corporation or township that has made payment in
accordance with such an agreement shall have no further
obligation to make payments under this section. (D) The board shall report every two years to the general
assembly during its first regular session on the condition of the
retirement system, with particular emphasis upon the payment of
the employer's accrued liability, and make such recommendations,
upon the advice of its actuary, as it considers necessary for the
proper funding of the liabilities. Sec. 742.37. The board of trustees of the police and
firemen's disability and pension fund shall
adopt rules for the
management of the fund and for the disbursement of benefits and
pensions as set forth in this
section and section 742.39 of the Revised Code. Any
payment of a benefit
or pension under this section is subject to the provisions of
section 742.461 of the Revised Code. Notwithstanding any other
provision of this section, no pension or benefit paid or
determined under division (B) or (C) of this section or section 742.39
of the Revised Code shall exceed
the limit established by section 415 of the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. (A) Persons who were receiving benefit or pension payments
from a police relief and pension fund established under former
section 741.32 of the Revised Code, or from a firemen's relief and pension
fund, established under former
section 521.02 or
741.02 of the Revised Code, at the time the assets of the
fund
were transferred to the police and firemen's disability and
pension fund, shall receive benefit and pension payments from the police and
firemen's disability and pension fund in
the same
amount and subject to the same conditions as such payments
were
being made from the former fund on the date of
the transfer. (B) A member of the fund who, pursuant to law, elected to
receive benefits and pensions from a police relief and pension
fund established under former section 741.32 of the Revised
Code, or from a firemen's relief and
pension fund established
under former section 741.02 of the Revised Code, in accordance
with the rules of the fund governing the granting of
benefits or
pensions therefrom in force on April 1, 1947, shall receive
benefits and pensions from the police and firemen's disability and pension
fund in accordance with such rules; provided, that
any member of the fund who is not receiving a benefit or pension
from the fund on August 12, 1975, may, upon application for a
benefit or pension to be received on or after August 12, 1975,
elect to receive a benefit or pension in accordance with division
(C) of this section. (C) Members of the fund who have not elected to receive
benefits and pensions from a police relief and pension fund or a
firemen's relief and pension fund in
accordance with the rules of
the fund in force on April 1, 1947, shall receive pensions
and benefits in accordance with the following provisions: (1) A member of the fund who has completed twenty-five
years of active service in a police or fire department and has
attained forty-eight years of age may, at the member's
election, retire
from the police or fire department, and upon notifying the board
in writing of the election, shall receive an annual
pension,
payable in twelve monthly installments, in an amount equal to a
percentage of the member's average annual salary. The
percentage shall
be the sum of two and one-half per cent for each of the first
twenty years the member was in the active service of the
department,
plus two per cent for each of the twenty-first to twenty-fifth
years the member was in the active service of the
department, plus one
and one-half per cent for each year in excess of twenty-five
years the member was in the active service of the
department. The annual pension shall not exceed seventy-two per cent of the
member's average annual salary. A member who completed twenty-five years of active
service, has resigned or been discharged, and
has left the
sum deducted from the member's salary on deposit in the pension fund
shall, upon attaining
forty-eight years of age, be
entitled to receive a normal service pension benefit computed and
paid under division (C)(1) of this section. (2) A member of the fund who has served fifteen or more
years as an active member of a police or fire department and who
voluntarily resigns or is discharged from the department
for any
reason other than dishonesty, cowardice, intemperate habits, or
conviction of a felony, shall receive an annual pension, payable
in twelve monthly installments, in an amount equal to one and
one-half per cent of the member's average annual salary
multiplied by the
number of full years the member was in the active service of
the department. The pension payments shall not commence
until the
member has attained the age of forty-eight years and until
twenty-five years have elapsed from the date on which the
member became a
full-time regular police officer or
firefighter in the department. (3) A member of the fund who has completed fifteen or more
years of active service in a police or fire department and who
has attained sixty-two years of age, may retire from the
department and, upon notifying the board in writing of the
election to retire, shall receive an annual pension, payable in
twelve monthly installments, in an amount equal to a percentage
of the member's average annual salary. The percentage
shall be the sum of two and one-half per cent for each of the first twenty
years
the member was in the active service of the department,
plus
two per cent for each of the twenty-first to twenty-fifth years
the member was in
the active service of the department, plus one and one-half
per
cent for each year in excess of twenty-five years the member
was in the
active service of the department. The
annual pension shall not
exceed seventy-two per cent of the member's average annual
salary. (4) With the exception of those persons who may make
application
for benefits as provided in section 742.26 of the Revised Code,
no person receiving a pension or other benefit under division (C)
of this section on or after July 24, 1986, shall be entitled to
apply for any new, changed, or different benefit. If a member covered by division (C) of this section or section 742.38
of the Revised Code dies
prior to the time the member has received a payment and
leaves a
surviving spouse or dependent child, the surviving
spouse or dependent child shall receive a pension under division
(D) or (E) of this section. (D) A (1) Except as provided in division (D)(2)
of this section, a surviving spouse of a deceased member of the fund
shall receive a monthly pension
as follows: (a) For the period beginning
July 1, 1999, and ending
June 30, 2000, five hundred
fifty dollars; (b) For the period beginning
July 1, 2000, and the first day
of July of each year thereafter
and continuing for the following twelve months, an amount equal
to the monthly amount paid during the prior twelve-month period
plus an amount determined
by multiplying five hundred
fifty dollars by the average percentage change in the consumer
price index, not exceeding three per cent, as determined each
year by the board under section 742.3716 of the
Revised
Code. (2) A surviving spouse of a deceased member of the fund
shall receive a monthly pension
of four hundred ten dollars per month if one of the following is the
case: (a) At the time of death, the deceased
member had been awarded a pension under this chapter based on
age and service; (b) The surviving spouse is eligible
for a benefit under section 742.3714 or division
(B) or (D) of section 742.63 of the
Revised Code. If the surviving spouse ceases to be eligible
for a benefit under division (B) or (D) of section 742.63 of
the Revised
Code, the pension shall be
increased, effective the first day of the first month following
the day on which the surviving spouse ceases to be eligible for the benefit,
to the amount it would be under division (D)(1) of this section had
the spouse never
been eligible for a benefit under division (B) or (D) of
section 742.63 of the
Revised
Code. (3) A pension paid under this division shall
continue
during the natural life of the surviving spouse.
Benefits to a deceased member's surviving
spouse that
were terminated under a former version of this section that
required termination due to remarriage and were not resumed
prior to the effective date of this amendment September
16, 1998, shall resume on
the first day of the month immediately following receipt by the
board of an application on a form provided by the board. (E) Each surviving child of a deceased member
of the fund
shall receive a monthly pension
of one hundred eighteen fifty dollars per month
until the child attains the age of eighteen years, or
marries,
whichever event occurs first. Benefits A pension under this
division,
however, shall continue to be payable to a child under age
twenty-two who is a student in and attending an institution of
learning or training pursuant to a program designed to complete
in each school year the equivalent of at least two-thirds of the
full-time curriculum requirements of the institution, as
determined by the board of trustees of the police and firemen's
disability and pension fund. If any surviving
child, regardless
of age at the time of the member's death, because of physical
or mental disability, is totally dependent upon the
deceased
member for support at the time of decease death, the
child shall receive a monthly
pension of one hundred eighteen dollars per month under this
division during the
child's natural life or until the child has recovered
from the disability. (F) If a deceased member of the fund leaves no surviving
spouse or surviving children, but leaves two parents dependent
upon the deceased member for support, each parent shall be
paid a monthly pension
of seventy-nine one hundred dollars. If there is only one
parent dependent upon the member for support, the parent
shall be paid a monthly
pension of one two hundred fifty-eight dollars. The
pensions provided for in this division shall be paid during the natural
life of the surviving parents, or until dependency ceases, or
until remarriage, whichever event occurs first. (G) Subject to the provisions of section 742.461 of the
Revised Code, a member of the fund who voluntarily
resigns or is removed from active service in a police or fire
department is entitled to receive an amount equal to the sums
deducted from the member's salary and credited to
the member's account in the fund, except that a member receiving a
disability benefit or service pension is not entitled to receive any return of
contributions to the fund. (H) On and after January 1, 1970, all pensions shall be
increased in accordance with the following provisions: (1) A member of the fund who retired prior to January 1,
1967, has attained age sixty-five on January 1, 1970, and was
receiving a pension on December 31, 1969, pursuant to division
(B) or (C)(1) of this section
or former division (C)(2), (3), (4), or (5) of this section,
shall have the pension increased by ten per cent. (2) The monthly pension payable to eligible surviving
spouses under division (D) of this section shall be increased by
forty dollars for each surviving spouse receiving a pension on
December 31, 1969. (3) The monthly pension payable to each eligible child
under division (E) of this section shall be increased by ten
dollars for each child receiving a pension on December 31, 1969. (4) The monthly pension payable to each eligible dependent
parent under division (F) of this section shall be increased by
thirty dollars for each parent receiving a pension on December
31, 1969. (5) A member of the fund, including a survivor of a
member, who is receiving a pension in accordance with the rules
governing the granting of pensions and benefits in force on April
1, 1947, that provide an increase in the original pension
from
time to time pursuant to changes in the salaries of active
members, shall not be eligible for the benefits provided in this
division. (I) On and after January 1, 1977, a member of the fund who
was receiving a pension or benefit on December 31, 1973, under
division (A), (B), (C)(1) or former division
(C)(2) or (7) of this section shall have
the pension or benefit increased as follows: (1) If the member's annual pension or benefit is less than
two
thousand seven hundred dollars, it shall be increased to three
thousand dollars. (2) If the member's annual pension or benefit is two
thousand seven
hundred dollars or more, it shall be increased by three hundred
dollars. The following shall not be eligible to receive increased
pensions or benefits as provided in this division: (a) A member of the fund who is receiving a pension or
benefit in accordance with the rules in force on April 1, 1947,
governing the granting of pensions and benefits, which provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members; (b) A member of the fund who is receiving a pension or
benefit under division (A) or (B) of this section, based on
funded volunteer or funded part-time service, or off-duty
disability, or partial on-duty disability, or early vested
service; (c) A member of the fund who is receiving a pension under
division (C)(1) of this section, based on funded volunteer or
funded part-time service. (J) On and after July 1, 1977, a member of the fund who
was receiving an annual pension or benefit on December 31, 1973,
pursuant to division (B) of this section, based upon partial
disability, off-duty disability, or early vested service, or
pursuant to former division (C)(3), (5), or (6) of this section, shall
have such annual pension or benefit increased by three hundred
dollars. The following are not eligible to receive the increase
provided by this division: (1) A member of the fund who is receiving a pension or
benefit in accordance with the rules in force on April 1, 1947,
governing the granting of pensions and benefits, which provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members; (2) A member of the fund who is receiving a pension or
benefit under division (B) or (C)(2) of this section or
former division (C)(3), (5), or (6) of
this section based on volunteer or part-time service. (K)(1) Except as otherwise provided in this division,
every person who on July 24, 1986, is receiving an age and
service or disability pension, allowance, or benefit pursuant to
this chapter in an amount less than thirteen thousand dollars a
year that is based upon an award made effective prior to February
28, 1984, shall receive an increase of six hundred dollars a year
or the amount necessary to increase the pension or benefit to
four thousand two hundred dollars after all adjustments required
by this section, whichever is greater. (2) Division (K)(1) of this section does not apply to the
following: (a) A member of the fund who is receiving a pension or
benefit in accordance with rules in force on April 1, 1947, that
govern the granting of pensions and benefits and that provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members; (b) A member of the fund who is receiving a pension or
benefit based on funded volunteer or funded part-time service. (L) On and after July 24, 1986: (1) The pension of each person receiving a pension under
division (D) of this section on July 24, 1986, shall be increased
to three hundred ten dollars per month. (2) The pension of each person receiving a pension under
division (E) of this section on July 24, 1986, shall be increased
to ninety-three dollars per month. Sec. 742.3715. (A) A member of the police and firemen's
disability and pension fund who retired under section 742.37 of
the Revised Code before February 28, 1980, may elect to receive
the actuarial equivalent of the member's retirement
allowance in a lesser
amount payable for the remainder of the member's life and
continuing after death to the member's spouse
under one of the optional plans described
under division (A)(1) or (2) of section 742.3711 of the Revised
Code, provided the amount payable under the optional plan elected
is certified by the actuary engaged by the board of trustees of the police
and firemen's disability and pension fund to be the
actuarial equivalent of the member's retirement allowance
and is approved
by the board. The election shall be made as follows: (1) Not later than ninety days after September 26, 1984,
the member shall file with the board of trustees of the police
and firemen's disability and pension fund a
notice that the member wishes
to be eligible to make the election authorized by this
section. The board shall advise the member with respect to the choices
available under the optional plans and have a determination made
of the monthly benefits payable under the optional plan elected
by the member for inclusion in the statement to be filed under
division (B)(A)(2) of this section. (2) Not later than one year after September 26, 1984, the
member shall file a statement, on a form provided by the board,
that the member elects to receive benefits under the optional
benefit plan specified in the statement. A request or form that is mailed to the board shall be
considered to have been filed on its postmark date. (B) A member of the fund who retired under section 742.37 of
the Revised
Code prior to
September 16, 1998, was married
at the time of retirement, and did not elect one of the
optional plans under section 742.3711 of the
Revised
Code may elect to receive the
actuarial equivalent of the member's retirement allowance in a
lesser amount payable for the remainder of the member's life and
continuing after death to the member's spouse under one of the
optional plans described in division
(A)(1) or (2) of section
742.3711 of the Revised
Code, provided the amount
payable under the optional plan elected is certified by the
actuary engaged by the board to be the actuarial equivalent of
the member's retirement allowance and is approved by the
board. Not later than thirty days after the effective date of
this amendment, the board shall provide to all members described
in this division written notice of the election
available under this division. The notice shall state that a
member's failure to elect an optional plan under this division
will result in the member's spouse, at the time of the member's
death, being eligible only for a benefit under division
(D) of section 742.37 of the
Revised
Code. The election shall be made as follows: (1) Not later than one hundred twenty days after the
effective date of this amendment, the member shall file with the
board a notice that the member wishes to make the election
authorized by this section. The board shall advise the member
with respect to the choices available under the optional plans
and have a determination made of the monthly benefits payable
under the optional plan elected by the member for inclusion in
the statement to be filed under division
(B)(2) of this section. (2) Not later than one year after the effective date of
this amendment, the member shall file a statement, on a form
provided by the board, that the member elects to receive
benefits under the optional plan specified in the statement. A
request or form that is mailed to the board shall be considered
to have been filed on its postmark date. Benefits under the
optional plan shall begin on the first day of the first month
following the date the statement is filed with the board. (C)(1) The death of the member's spouse shall cancel any
plan elected pursuant to this section and return the member to
the member's single lifetime benefit equivalent, as
determined by the
board, to be effective the month following receipt by the board
of notice of the death. (2) On divorce, annulment, or marriage dissolution, a
member receiving a retirement allowance under a plan that
provides for continuation of all or part of the allowance after
death for the lifetime of the member's surviving
spouse may, with the
written consent of the spouse or pursuant to an order of the
court with jurisdiction over the termination of the marriage,
elect to cancel the plan and receive the member's single
lifetime benefit
equivalent as determined by the retirement board. The election
shall be made on a form provided by the board and shall be
effective the month following its receipt by the board. (C)(D) If the member remarries after cancellation under
division (B)(C)(1) or (2) of this section of an optional plan,
the
member may elect not later than one year after the date of
remarriage a new optional plan based on the acturial actuarial
equivalent of
the member's single lifetime benefit as determined by the
board. The
plan and the member's lesser retirement allowance shall become
effective on the date the election is made on a form approved by
the board.
(D)(E) Any option elected and payments made under this
section shall be in addition to any benefit payable under
division (D) of section 742.37 of the Revised Code.
Sec. 742.3718. (A) Except as otherwise provided in this
division, each person who on
September 9, 1988, is receiving a pension or benefit
of less than five thousand
dollars annually under division (A) or (B) of section 742.37 of
the Revised Code on the basis of disability or service of
twenty-five years or more, under division (C)(1) of that section,
or under division (C)(2) or (5) of
former section 742.37 of the Revised Code shall have the pension or benefit
increased to
five thousand dollars a year, effective July 1, 1988. This
division does not apply to any person receiving a pension or
benefit based on funded volunteer or funded part-time service. (B) On and after July 1, 1988: (1) The pension of each person receiving a pension or
benefit under division (D) of section 742.37 of the Revised Code
shall be increased to four hundred ten dollars a month. (2) The pension of each person receiving a pension or
benefit under division (E) of section 742.37 of the Revised Code
shall be increased to one hundred eighteen dollars a month. (C) Notwithstanding any average annual salary
limitation in section 742.37 of the
Revised
Code, each person who on
July 1, 1999, is receiving an annual pension
or benefit described in division (A),
(B), or
(C)(1) or (3) of that
section of less than six thousand six hundred dollars shall have
the pension increased to that amount, effective
July 1, 1999.
The increase granted
under this division shall be included
in a person's base for the purpose of determining future
increases under section 742.3716 of the
Revised Code. (D)(1) This division applies to the following persons who are
receiving a pension under division
(D) of section 742.37 of the
Revised
Code: (a) On the effective date of this amendment, the person is the
surviving spouse of a deceased member of
the fund and is not receiving a benefit under division (B) or
(D) of section 742.63 Of the Revised Code. (b) No later than one year after the effective date of this
amendment, the person is the surviving
spouse of a deceased member of the fund who was retired under section 742.37
Of the Revised Code with an effective date of retirement before September 16,
1998. (2) The monthly pension of each person described in
division (D)(1) of this section
shall be increased as follows: (a) For the period beginning
July 1, 1999, and ending
June 30, 2000, to five hundred
fifty dollars; (b) For the period beginning
July 1, 2000, and the first day
of July of each year thereafter
and continuing for the following twelve months, to an amount
equal to the monthly amount paid during the prior twelve-month
period plus an amount determined
by multiplying five
hundred fifty dollars by the average percentage change in the
consumer price index, not exceeding three per cent, as
determined each year by the board of trustees of the police and
firemen's disability and pension fund under section 742.3716 of
the Revised
Code. (3) If a person who is receiving a pension under division
(D) of section 742.37 of the
Revised
Code and a benefit under
division (B) or
(D) of section 742.63 of the
Revised
Code ceases to be eligible for
a benefit under division (B) or
(D) of section 742.63 of the
Revised
Code, the person's
monthly pension shall be
increased, effective the first day of the first month following
the date on which the person ceases to be eligible for the benefit, to the
amount it would be under division (D)(2) of this section had the
person never been eligible for a benefit under division (B) or
(D) of section 742.63 of the
Revised Code. (E) The monthly pension of each person receiving a
pension under division (E) of
section 742.37 of the Revised
Code shall be increased
to one hundred fifty dollars effective July 1, 1999. (F) Effective July 1, 1999, the monthly
pension of each person receiving a pension under division
(F) of section 742.37 of the
Revised
Code shall be increased
as follows: (1) If there are two dependent parents, to one hundred dollars; (2) If there is one dependent parent, to two hundred dollars. Sec. 742.3720. As used in this section, "eligible person"
means a person who has been receiving a pension under division
(E) or (F) of section 742.37 of the
Revised Code for twelve
months or longer. On or before the fifteenth day of April
of each year, the board of trustees of the police and firemen's disability and
pension fund shall determine the average percentage change in the consumer
price index prepared by the United
States bureau of labor statistics
(U.S.
City Average
for Urban
Wage Earners and Clerical Workers:
"All Items 1982-84 = 100") for the twelve-calendar-month
period prior to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. On a determination
by the board that this change is an increase, or that the change plus the
accumulation described in this section is an increase, the board shall
increase pensions payable to eligible persons by a percentage equal to the
percentage increase in the consumer price index or to that increase plus the
accumulation, except that the increase shall not exceed three per cent and no
pension shall exceed the limit established by section 415 of the
"Internal Revenue Code of 1986," 100 Stat.
2085, 26 U.S.C. 415, as amended. Any percentage increase in the consumer price index in any year that is in
excess of three per cent shall be accumulated and used to determine increases
in succeeding years. The first increase under this section is payable to eligible persons
beginning July 1, 2000. The increased amount is payable for the
ensuing
twelve-month period or until the next increase is granted under this section,
whichever is later. The date of the first increase under this section is the anniversary date
for any future increases. The pension used in the first calculation of an
increase under this section shall remain as the base for all future increases
paid under this section, unless a new base is established by law. The board shall adopt any rules necessary to implement this
section. Sec. 742.39. (A) A
member of the police and firemen's disability and pension fund
determined to be eligible for a disability benefit under
division (D)(1) of section
742.38 of the Revised Code shall be paid annual
disability benefits, payable in twelve monthly
installments, in an amount equal to seventy-two per cent
of the member's average annual salary. (B) A member of the fund
determined to be eligible for a disability benefit under division
(D)(2) of section 742.38
of the Revised Code shall be paid annual
disability benefits, payable in twelve monthly
installments. If the member has fewer than twenty-five years of active
service in a police or fire department, the benefit shall be in an amount
fixed by the board of trustees of the
police and firemen's disability and pension fund. The board may
increase or decrease the benefit whenever the board determines
that the impairment of the member's earning capacity warrants an
increase or decrease based on the standards adopted under
division (C) of section 742.38
of the Revised Code applicable to the
determination, but in no event shall the benefit
exceed sixty per cent of the member's average annual
salary. A member who has completed twenty-five or more years of
active service in the department shall receive annual disability
benefits, payable in twelve monthly installments, in an amount
equal to a percentage of the member's average annual salary.
The percentage shall be the sum of two and one-half per cent for
each of the first twenty years the member was in the active
service of the department, plus two per cent for each of the
twenty-first to twenty-fifth years the member was in the active
service of the department, plus one and one-half per cent for
each year in excess of twenty-five years the member was in the
active service of the department. The annual disability benefit
shall not exceed seventy-two per cent of the member's average
annual salary. (C) A member of the fund
determined to be eligible for a disability benefit under
division (D)(4) of section 742.38 of the Revised
Code shall be paid annual
disability benefits, payable in twelve monthly installments, in
an amount to be fixed by the board. The board may increase or
decrease the benefits whenever the board determines that the
impairment of the member's earning capacity warrants an increase
or decrease based on the standards adopted under division
(C) of section 742.38 of the Revised
Code applicable to the
determination, but in no event shall a benefit paid to the
member exceed the greater of the following: (1) Five thousand dollars;
(2) An amount fixed by the board, not exceeding sixty per
cent of the member's average annual salary.
(D) Each of the following persons who on July 1, 1999,
is receiving annual benefits
of less than six thousand six hundred dollars shall have the
benefits increased to that amount effective
July 1, 1999: (1) A person receiving annual benefits described in division (A)
of this section; (2) A person receiving annual benefits described in division (C)
of this section based on an award made prior to September 16,
1998. (E) Benefits payable under this section continue
until death unless adjusted under division
(D)(5) of section 742.38 of the
Revised Code or adjusted or terminated
under division (C)(3) of
section 742.40 of the Revised Code. SECTION 2 . That existing sections 133.09, 133.20, 717.07, 742.30, 742.37,
742.3715,
742.3718, and 742.39 of the Revised
Code are hereby repealed.
SECTION 3 . Sections 742.37, 742.3718, and 742.39 of the Revised Code, as
amended by this act, shall take effect July 1, 1999.
SECTION 4 . The Ohio Retirement Study Council shall have prepared all of the
following:
(A) A report that reviews cost-of-living allowances in the provisions of law
governing Ohio's state retirement systems: the Public Employees Retirement
System, Police and Firemen's Disability and Pension Fund, School Employees
Retirement System, State Teachers Retirement System, and State Highway Patrol
Retirement System. The report shall include an evaluation of the fiscal
impact
of the following proposals: (1) Providing an annual three per cent cost-of-living allowance that is not
based on the Consumer Price Index; (2) In the case of the Police and Firemen's Disability and Pension Fund,
removing limitations on who is eligible to receive a cost-of-living allowance. (B) A report that reviews the plan adopted by the Board of Trustees of the
Police and Firemen's Disability and Pension Fund to reduce to thirty years by
December 31, 2006, the Fund's amortization period for funding its unfunded
actuarial accrued pension liabilities. The report shall include criteria to
ensure the Fund's compliance with the plan. (C) A report that studies the pensions paid to surviving spouses of deceased
members of the Police and Firemen's Disability and Pension Fund who retired
before September 16, 1998, under section 742.37 of the Revised Code. The
report shall include a study of the fiscal impact of increasing the pensions
paid to some or all of the surviving spouses described in this division. The reports shall be completed and submitted not later than one year after the
effective date of this act to the chairpersons of the standing committees of
the House of Representatives and Senate with primary responsibility for
retirement legislation. SECTION 5 . Not later than the first day of the second month after the
effective date of this act, the Police and Firemen's Disability and Pension
Fund shall make a one-time payment for the purpose of increasing certain
pensions and benefits as if the provisions of this act had taken effect on
January 1, 1998. The Fund shall make the payment to all eligible persons
receiving a pension or benefit on the effective date of this act. The payment
shall be made, for each month the person was or will be eligible to receive a
pension or benefit during the period beginning on January 1, 1998, and ending
on June 30, 1999, as follows:
(A) To a person described in division (C) of section 742.3718 or division (D)
of section 742.39 of the Revised Code, as amended by this act, the payment
shall be the lesser of the following: (1) One hundred forty dollars; (2) The difference between: (a) Five hundred fifty dollars; and (b) The amount of the person's monthly pension or benefit. (B) To a person described in division (D)(1) of section 742.3718 of the
Revised Code, as amended by this act, the payment shall be one hundred forty
dollars. (C) To a person described in division (E) of section 742.3718 of the Revised
Code, as amended by this act, the payment shall be thirty-two dollars. (D) To a person described in division (F) of section 742.3718 of the Revised
Code, as amended by this act, the payment shall be: (1) In the case of one dependent parent, forty-two dollars; (2) In the case of two dependent parents, twenty-one
dollars. In the event that the recipient of a payment under this section dies prior to
July 1, 1999, no part of the payment under this section shall be recovered by
the Fund. SECTION 6 . This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity is that certain retirees and survivors of the Police
and Firemen's Disability and Pension Fund have lost a significant amount of
purchasing power due to inflation, and an immediate increase in benefits is
needed to regain some of this purchasing power. Therefore, this act shall go
into immediate effect.
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