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As Reported by the House Health and Retirement Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 648 |
REPRESENTATIVES VAN VYVEN-BATCHELDER-OGG-OLMAN-BRADING-VESPER-
GRENDELL-HODGES-PADGETT-TERWILLEGER-PATTON-WILLIAMS-WHALEN-TAVARES
A BILL
To amend sections 145.011, 145.09, 145.295, 145.31, 145.33, 145.35, 145.362,
145.45, 742.01, 742.03,
742.04, 742.05, 742.08,
742.10, 742.11, 742.22, 742.221, 742.23, 742.24, 742.251, 742.27,
742.31, 742.32, 742.33, 742.34, 742.35, 742.36,
742.37, 742.371, 742.372,
742.373, 742.374, 742.375, 742.376, 742.378, 742.379, 742.3711,
742.3713, 742.3714, 742.3715, 742.3716,
742.3717, 742.3718, 742.3719,
742.38, 742.39, 742.40, 742.50, 742.511, 742.512, 742.515,
742.52, 742.63, 3307.01, 3307.04, 3307.28, 3307.35,
3307.383, 3307.411,
3307.42, 3307.44, 3307.49, 3307.73,
3309.011, 3309.04, 3309.26, 3309.351, 3309.39, 3309.41,
3309.45,
5505.04, 5505.18, 5505.201, 5505.202,
and
5731.09; to amend, for the purpose of
adopting new section
numbers as indicated in parentheses, sections 742.38 (742.59),
742.39 (742.60), 742.40 (742.61), and 742.61
(742.62); to enact
new sections 742.38,
742.39, and 742.40 and sections
145.351, 742.381, 3307.412, 3307.421,
3309.312, 3309.391,
and 5505.181;
and to repeal sections 171.06, 742.3720,
and 742.3721 of the Revised Code to make
changes to the
disability benefit programs offered by the
five state retirement
systems and to make other changes in the law governing the
state retirement
systems.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.011, 145.09, 145.295, 145.31, 145.33, 145.35,
145.362, 145.45, 742.01,
742.03, 742.04, 742.05, 742.08, 742.10, 742.11, 742.22, 742.221, 742.23,
742.24, 742.251,
742.27, 742.31, 742.32, 742.33, 742.34, 742.35, 742.36, 742.37, 742.371,
742.372, 742.373, 742.374, 742.375, 742.376, 742.378, 742.379, 742.3711,
742.3713, 742.3714, 742.3715, 742.3716, 742.3717, 742.3718,
742.3719, 742.38, 742.39, 742.40, 742.50, 742.511, 742.512,
742.515, 742.52, 742.63, 3307.01, 3307.04, 3307.28, 3307.35, 3307.383,
3307.411, 3307.42,
3307.44, 3307.49, 3307.73, 3309.011, 3309.04, 3309.26,
3309.351, 3309.39, 3309.41, 3309.45, 5505.04, 5505.18, 5505.201,
5505.202, and 5731.09 be amended; that sections 742.38 (742.59),
742.39
(742.60), 742.40 (742.61), and 742.61 (742.62) be amended for
the purpose of adopting new section numbers as indicated in
parentheses; and that new sections 742.38, 742.39, and 742.40
and sections 145.351, 742.381, 3307.412, 3307.421,
3309.312, 3309.391,
and 5505.181 of the Revised
Code be enacted to read as follows:
Sec. 145.011. In addition to the membership of the public employees
retirement system as prescribed in division (A) of section 145.01 of the
Revised Code AND NOTWITHSTANDING CHAPTER 3309. of the Revised Code, there
shall be included in such membership ALL OF the FOLLOWING:
(A) THE nonteaching employees of the Cleveland state
university, the medical college of Ohio at
Toledo, and the northeastern Ohio universities college of medicine,
notwithstanding Chapter 3309. of the Revised Code. Such;
(B) ANY PERSON WHO
ELECTS TO TRANSFER FROM THE SCHOOL EMPLOYEES RETIREMENT SYSTEM
TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM UNDER SECTION 3309.312
OF THE REVISED
CODE;
(C) ANY PERSON WHO IS
EMPLOYED FULL-TIME ON OR AFTER THE EFFECTIVE DATE OF THIS
AMENDMENT PURSUANT TO SECTION 3345.04 of the Revised Code BY THE UNIVERSITY OF AKRON
AS A STATE UNIVERSITY LAW ENFORCEMENT OFFICER.
SUCH employees are
included in the definition of member as used in Chapter 145. of the Revised
Code. The university UNIVERSITIES and colleges shall be subject
to the obligations imposed by Chapter 145. of the Revised Code.
Sec. 145.09. The public employees retirement board shall
elect from its membership a chairman CHAIRPERSON, and shall
appoint an
executive director who shall serve as secretary to the board, an
actuary, and other employees as necessary for the transaction of
the business of the public employees retirement system. The
compensation of all persons so appointed shall be fixed by the
board. Every expense voucher of an employee, officer, or board
member of the public employees retirement system shall itemize
all purchases and expenditures.
The board shall perform other functions as required for the
proper execution of sections 145.01 to 145.58 of the Revised
Code, and may adopt rules for the proper administration and
management of sections 145.01 to 145.58 of the Revised Code. The
THE attorney general shall prescribe procedures for the adoption of
rules authorized under this chapter, consistent with the
provision of section 111.15 of the Revised Code under which all
rules shall be filed in order to be effective. Such procedures
shall establish methods by which notice of proposed rules is
given to interested parties and rules adopted by the board
published and otherwise made available.
WHEN IT FILES A RULE WITH THE JOINT COMMITTEE ON
AGENCY RULE REVIEW PURSUANT TO SECTION 111.15 OF THE
REVISED CODE, THE BOARD SHALL SUBMIT TO
THE OHIO RETIREMENT STUDY
COUNCIL A COPY OF THE FULL TEXT OF THE RULE, AND IF APPLICABLE,
A COPY OF THE RULE SUMMARY AND
FISCAL ANALYSIS REQUIRED BY DIVISION
(B) OF SECTION 127.18 OF THE
REVISED
CODE.
The board may sue and be sued, plead and be impleaded,
contract and be contracted with. All of its business shall be
transacted, all of its funds invested, all warrants for money
drawn and payments made, and all of its cash and securities and
other property shall be held in the name of the board, or in the
name of its nominee, provided that nominees are authorized by
retirement board resolution for the purpose of facilitating the
ownership and transfer of investments and restricted to members
of the board, the executive director, and designated members of
the staff, or a partnership composed of any of the foregoing
persons.
Sec. 145.295. (A) A member of the public employees
retirement system who is a former member of HAS CONTRIBUTIONS ON
DEPOSIT WITH the police and firemen's
disability and pension fund or state highway
patrol retirement system and has
not received a refund of the member's accumulated contributions to that fund
or system shall, in computing years of service, be given
full credit for service credit earned under Chapter 742. or
5505. of the Revised Code or purchased for service in the armed forces of
the United States if a transfer to the public employees
retirement system is made
under this division. At the request of the member, the police and
firemen's disability and pension fund or
the state highway patrol
retirement system shall transfer to the public
employees retirement system under division (H) of section
742.379 of the Revised Code or division (C) of section 5505.202 of the Revised
Code an, FOR EACH YEAR OF SERVICE, THE SUM OF THE FOLLOWING:
(1) AN
amount equal to the
member's payments for service in the armed forces of the United
States and accumulated contributions to the transferring POLICE AND
FIREMEN'S DISABILITY AND PENSION fund or STATE HIGHWAY PATROL
RETIREMENT
system with interest compounded annually thereon;
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S
CONTRIBUTIONS TO THE POLICE AND FIREMEN'S DISABILITY AND PENSION
FUND OR STATE HIGHWAY PATROL RETIREMENT SYSTEM OR THE AMOUNT
THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE
HAD THE MEMBER BEEN A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT
SYSTEM;
(3) INTEREST, DETERMINED AS PROVIDED IN DIVISION
(G) OF THIS SECTION, ON THE
AMOUNTS SPECIFIED IN DIVISIONS
(A)(1) AND (2) OF THIS
SECTION
for the period from
the date
the last contribution was made under Chapter 742.
or Chapter 5505. of the Revised Code
DAY OF THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH
MILITARY SERVICE CREDIT WAS PURCHASED OR OBTAINED
to the date the transfer is
made. The interest shall be at the actuarial assumption rate of
the transferring fund or system at the time the transfer is made.
(B) A member of the public employees retirement system
who has at least eighteen months of contributing service credit with the
public employees retirement system, who is a former member of the police and
firemen's disability and
pension fund or state highway patrol retirement system, and who has
received a refund of the member's accumulated contributions to that fund
or system shall, in computing years of service, be given full
credit for service credit earned under Chapter 742. or
5505. of the Revised Code or purchased for service in the armed forces of
the United States if a repayment and
transfer are made under division (I) of section 742.379
of the Revised Code or division (F) of
section 5505.202 of the Revised Code,
FOR EACH YEAR OF SERVICE, THE PUBLIC EMPLOYEES
RETIREMENT SYSTEM RECEIVES THE SUM OF THE FOLLOWING:
(1) AN AMOUNT, WHICH SHALL BE PAID BY THE MEMBER, EQUAL
TO THE AMOUNT REFUNDED BY THE POLICE AND FIREMEN'S DISABILITY AND PENSION
FUND OR THE STATE HIGHWAY PATROL RETIREMENT SYSTEM TO THE MEMBER FOR THAT YEAR
FOR ACCUMULATED
CONTRIBUTIONS AND PAYMENTS FOR PURCHASE OF CREDIT FOR SERVICE IN
THE ARMED FORCES OF THE UNITED
STATES,
WITH INTEREST FROM THE DATE OF THE LAST
CONTRIBUTION UNDER CHAPTER 742. OR 5505. OF THE
REVISED CODE TO THE DATE OF THE
PAYMENT;
(2) AN AMOUNT, WHICH SHALL BE TRANSFERRED BY THE POLICE
AND FIREMEN'S DISABILITY AND PENSION FUND OR STATE HIGHWAY
PATROL RETIREMENT SYSTEM, EQUAL TO THE LESSER OF THE EMPLOYER'S
CONTRIBUTIONS TO THE POLICE AND FIREMEN'S DISABILITY AND PENSION
FUND OR STATE HIGHWAY PATROL RETIREMENT SYSTEM FOR THAT YEAR OR
THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER
FOR THE YEAR HAD THE MEMBER BEEN A MEMBER OF THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM, WITH INTEREST FROM THE LAST
DAY OF THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH MILITARY
SERVICE CREDIT WAS PURCHASED OR OBTAINED TO THE DATE OF THE
TRANSFER.
ON RECEIPT OF PAYMENT FROM THE MEMBER, THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM SHALL NOTIFY THE POLICE AND
FIREMEN'S DISABILITY AND PENSION FUND OR THE STATE HIGHWAY
PATROL RETIREMENT SYSTEM, WHICH, ON RECEIPT OF THE NOTICE, SHALL
MAKE THE TRANSFER REQUIRED BY THIS DIVISION. INTEREST SHALL BE
DETERMINED AS PROVIDED IN DIVISION
(G) OF THIS SECTION.
(C) A member of the public employees
retirement system who purchased credit under
former division (A)(1)
of this section, as it existed before August
25, 1995, for service as a member of the police and
firemen's disability and pension fund or
state highway patrol
retirement system may elect to have
the amount the member paid for this service credit refunded to the member
under this division if the member agrees to repurchase this service credit
pursuant to division (B) of this section.
(D) Service credit purchased or otherwise obtained under
this section shall be considered the equivalent of Ohio service
credit.
A
MEMBER MAY CHOOSE TO PURCHASE ONLY PART OF THE CREDIT THE
MEMBER IS ELIGIBLE TO PURCHASE UNDER DIVISION
(B) OF THIS SECTION IN ANY
ONE PAYMENT, SUBJECT TO RULES OF THE PUBLIC EMPLOYEES RETIREMENT
BOARD. A
member is ineligible to purchase or otherwise obtain
credit under this section for service to be used in calculation
of any retirement benefit currently being paid or payable to the
member in the future.
(E) If a former member of the public employees retirement system
WHO IS NOT A CURRENT CONTRIBUTOR elects to receive credit under
section 742.379 or 5505.202 of the Revised Code for service for
which the former member contributed to the retirement system or
purchased
credit for service in the armed forces of the United
States,
the retirement
system shall transfer to the police and firemen's
disability and
pension fund or the state highway patrol retirement system, as
applicable, an THE amount equal to the former member's
qualified
contributions with interest from the date the last such
contribution was made to the date the transfer is made. The
interest shall be at the actuarial assumption rate of the public
employees retirement system at the time the transfer is made.
As used in this division, "qualified contributions" has the
same meaning as in division (A)(2) of section 742.379 of the
Revised Code, in the case of the police and firemen's
disability and pension fund, and as in division
(A)(4) of section 5505.202
of the Revised Code, in the case of the state highway patrol
retirement system SPECIFIED IN DIVISION (C)(2) OF SECTION
742.379 OR DIVISION (B)(2) OF SECTION 5505.202 of the Revised Code.
(F) A member of the public employees retirement system who
earned service credit in the public employees retirement system
for full-time service as a township or municipal police officer
and received service credit in the police and firemen's
disability and pension fund under section 742.511
or 742.512 of
the Revised Code for such service may elect to have the credit
restored as public employees retirement system service credit by
paying the public employees retirement system an amount equal to
the accumulated contributions paid by the member to the police
and firemen's disability and pension fund
under section 742.511
or 742.512 of the Revised Code. When such an election is made,
the police and firemen's disability and
pension fund shall
transfer to the public employees retirement system the amount
previously transferred under section 742.511 or 742.512 of the
Revised Code from the public employees retirement system to the
police and firemen's disability and pension
fund.
(G) INTEREST CHARGED
FOR ANY SERVICE CREDIT OBTAINED UNDER THIS SECTION SHALL BE
CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE CREDIT AT THE
LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE
PUBLIC EMPLOYEES RETIREMENT SYSTEM OR OF THE FUND OR RETIREMENT
SYSTEM IN WHICH THE CREDIT WAS EARNED. THE INTEREST SHALL BE
COMPOUNDED ANNUALLY.
Sec. 145.31. A EXCEPT AS PROVIDED IN THIS SECTION, A member or
former member of the public
employees retirement system with at least eighteen months of
contributing service credit in this system, the state teachers
retirement system, the school employees retirement system, the
police and firemen's disability and pension fund, or the state
highway patrol retirement system, after the withdrawal of
contributions and cancellation of service credit in this system,
may restore such service credit by redepositing in the employees'
savings fund the amount withdrawn, with interest on such amount
compounded annually at a rate to be determined by the public
employees retirement board from the first day of the month of
withdrawal to and including the month of redeposit. The member
may choose to purchase only part of such credit in any one
payment, subject to board rules. The total payment to restore
canceled service credit, plus any interest credited thereto,
shall be considered as accumulated contributions of the member.
IF A FORMER MEMBER IS ELIGIBLE TO BUY THE SERVICE CREDIT AS A MEMBER OF THE
POLICE AND FIREMEN'S DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL
RETIREMENT SYSTEM, THE FORMER MEMBER IS INELIGIBLE TO RESTORE THAT SERVICE
CREDIT UNDER THIS SECTION.
Any employee who has been refunded his THE EMPLOYEE'S
accumulated contributions to the public employees retirement system solely by
reason of membership in a former firemen's relief and pension
fund or a former police relief and pension fund may restore his
membership in the public employees retirement system by
redepositing with the system the amount refunded, with interest
on such amount compounded annually at a rate to be determined by
the board from the month of refund to and including the month of
redeposit. The member may choose to purchase only part of such
credit in any one payment, subject to board rules.
Sec. 145.33. (A) Except as provided in division (B) of
this section, a member with at least five years of total service
credit who has the member's attained age sixty, or who has thirty
years of total Ohio service credit, may apply for age and service
retirement which shall consist of:
(1) An annuity having a reserve equal to the amount of the
member's accumulated contributions at that time;
(2) A pension equal to the annuity provided by division
(A)(1) of this section;
(3) An additional pension, if the member can qualify for
prior service, equal to forty dollars multiplied by the number of
years, and fraction thereof, of such prior and military service
credit;
(4) A basic annual pension equal to one hundred eighty
dollars if the member has ten or more years of total service
credit as of October 1, 1956, except that the basic annual
pension shall not exceed the sum of the annual benefits provided
by divisions (A)(1), (2), and (3) of this section. The cost of
the basic annual pension shall be included in the deficiency
contribution provided by sections 145.48 and 145.50 of the
Revised Code.
(5) When a member retires on age and service retirement,
the member's total annual single lifetime allowance,
including the
allowances provided in divisions (A)(1), (2), (3), and (4) of
this section, shall be not less than a base amount adjusted in
accordance with this division and determined by multiplying the
member's total service credit by the greater of the following:
(a) Eighty-six dollars;
(b) Two and one-tenth per cent of the member's final
average salary
for each of the first thirty years of service plus two and
one-half per cent of the member's final average salary for
each subsequent year of service.
The allowance shall be adjusted by the factors of attained
age or years of service to provide the greater amount as
determined by the following schedule:
| Years of | Percentage |
Attained
or | Total Service | of |
Birthday | Credit | Base Amount |
58 | 25 | 75 |
59 | 26 | 80 |
60 | 27 | 85 |
61 | | 88 |
| 28 | 90 |
62 | | 91 |
63 | | 94 |
| 29 | 95 |
64 | | 97 |
65 | 30 or more | 100 |
Members shall vest the right to a benefit in accordance
with the following schedule, based on the member's attained age
by September 1, 1976:
| Percentage |
Attained | of |
Birthday | Base Amount |
66 | 102 |
67 | 104 |
68 | 106 |
69 | 108 |
70 or more | 110 |
(6) The total annual single lifetime allowance that a
member shall receive under division (A)(5) of this section shall
not exceed the lesser of one hundred per cent of the
member's final average salary or the limit established by section 415 of the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,
as amended.
(B)(1) A member who has at least twenty-five years of
total service credit, including credit for military service under
division (C)(2) of this section, while serving as a
law enforcement officer and who has the member's
attained age fifty-two may apply for an age and service retirement
benefit, which shall
consist of an annual single lifetime allowance equal to the sum
of two and one-half per cent of the member's final average salary
multiplied by the first twenty years of the member's total
service plus two and one-tenth per cent of the member's
final average salary multiplied by the number of years of of the
member's total service credit in excess of
twenty years, except that no allowance shall exceed the lesser of
ninety per cent of the member's final average salary or the
limit established by section 415 of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.
(2) A member who has at least fifteen years of total
service credit, including credit for military service under
division (C)(2) of this section, while serving as a
law enforcement officer and has attained sixty-two years of age may
apply for an age and service retirement benefit, which shall
consist of an annual single lifetime allowance computed as
provided in division (B)(1) of this section. The benefit shall
not 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.
(3) A member with at least fifteen years of total service
credit, including credit for military service under division
(C)(2) of this section, while serving as a law enforcement
officer who voluntarily resigns or is discharged the member's for any
reason except death, dishonesty, cowardice,
intemperate habits, or conviction of a felony, may apply for an
age and service retirement benefit, which shall consist of an
annual single lifetime allowance equal to one and one-half per
cent of the member's final average salary multiplied by the
number of years of the member's total service credit. The
benefit shall not 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. The
allowance shall commence on the first day of the calendar month
following the month in which the application is filed with the
public employees retirement board on or after the attainment by
the applicant of age fifty-two.
(4) A member who has at least twenty-five years of total
service credit, including credit for military service under
division (C)(2) of this section, while serving as a law
enforcement officer who voluntarily resigns or is discharged the
member's for any reason except death, dishonesty,
cowardice, intemperate habits, or conviction of a felony, on
or after the date the member of attaining forty-eight years of
age, but before the date the member of attaining fifty-two years
of age, may elect to receive a reduced benefit as determined by the following
schedule:
Attained Age | Reduced Benefit |
48 | 75% of the benefit payable under |
| division (B)(1) of this section |
49 | 80% of the benefit payable under |
| division (B)(1) of this section |
50 | 86% of the benefit payable under |
| division (B)(1) of this section |
51 | 93% of the benefit payable under |
| division (B)(1) of this section |
A member who has at least twenty-five years of law
enforcement service credit, upon attaining forty-eight, forty-nine, fifty, or
fifty-one years of age, may elect to retire and
receive a reduced benefit determined by the above schedule.
If a member elects to receive a reduced benefit on or after
the date the member of attaining forty-eight years of age, but
before the date the member of attaining forty-nine years of age,
the reduced benefit is payable from the date the member attained forty-eight
years of age or from the date the member becomes eligible to receive the
reduced benefit, whichever is later. If a member elects to receive a reduced
benefit on or after the date the member of attaining forty-nine
years of age, but before
the date the member of attaining fifty years of age, the reduced
benefit is payable from the date the member attained forty-nine years of
age or from the date the member becomes eligible to receive the reduced
benefit, whichever is later. If a member elects to receive a
reduced benefit on or after the date the member of attaining fifty
years of age, but before the date the member of attaining fifty-one
years of age, the reduced benefit is payable from the date the member attained
fifty years of age or from the date the member becomes eligible to
receive the reduced benefit, whichever is later. If a member elects to
receive a reduced benefit on or after the date the member
of attaining fifty-one years of age, but before the date the member
of attaining fifty-two
years of age, the reduced benefit is payable from the date the
member attained fifty-one years of age or from the date the
member becomes eligible to receive the reduced benefit, whichever is
later.
Once a member elects to receive a reduced benefit
determined by the above schedule and has received a payment, the
member may not reelect to change that election.
If a member who has resigned or been discharged has left on
deposit the member's accumulated contributions in the employees' savings
fund and has not elected to receive a reduced benefit determined
by the above schedule the member, upon
attaining fifty-two years of age, the member shall be entitled to receive a
benefit computed and paid under division (B)(1) of this section.
(C)(1) A member with service credit as a law enforcement
officer and other service credit under this chapter
may elect one
of the following:
(a) To have all the member's service credit under this
chapter,
including credit for service as a law enforcement officer, used
in calculating a retirement allowance under division (A) of this
section if the member qualifies for an allowance under that
division;
(b) If the member qualifies for an allowance under division
(B) of this section, to have the member's service credit as a law enforcement
officer used in calculating a benefit under that division and
the member's credit for all service other than law enforcement
service under this chapter used in calculating a benefit
consisting of a single life annuity having a reserve equal to the
amount of the member's accumulated contributions and an
equal amount of the employer's contributions.
(2) Notwithstanding sections 145.01 and 145.30 of the
Revised Code, no more than four years of military service credit
granted under section 145.30 of the Revised Code and five years
of military service credit purchased under section 145.301 or 145.302 of the
Revised Code shall be used in calculating service as a law
enforcement officer or the total service credit of that person.
(3) Only credit for the member's service
as a law enforcement officer or
service credit purchased
OBTAINED as a police officer or
state
highway patrol trooper shall be used in computing the benefits
under division (B) of this section for the following:
(a) Any person who originally is commissioned and employed
as a deputy sheriff by the sheriff of any county, or who originally is elected
sheriff, on or after January 1, 1975;
(b) Any deputy sheriff who originally is employed on or
after the effective date of this amendment as a criminal bailiff
or court constable;
(c) Any person who originally is appointed as a township
constable or police officer in a township police department or
district on or after January 1, 1981;
(d) Any person who originally is employed as a county
narcotics agent on or after September 26, 1984;
(e) Any person who originally is employed as an undercover
drug agent as defined in section 109.79 of the Revised Code,
liquor control investigator, park officer, forest officer, wildlife officer,
state watercraft officer, park district police
officer, conservancy district officer, Ohio veterans' home
policeman POLICE OFFICER, special policeman POLICE
OFFICER for a mental health institution,
special policeman POLICE OFFICER for an institution for the
mentally retarded
and developmentally disabled, or municipal police officer on or
after December 15, 1988;
(f) Any person who is originally employed as a state university
law enforcement officer, on or after the effective date of this
amendment NOVEMBER 6, 1996;
(g) Any person who is originally employed as a Hamilton
county municipal court bailiff on or after the effective date of this
amendment NOVEMBER 6, 1996;
(h) ANY PERSON WHO IS ORIGINALLY EMPLOYED AS A STATE UNIVERSITY
LAW ENFORCEMENT OFFICER BY THE UNIVERSITY OF AKRON ON OR AFTER THE
EFFECTIVE DATE OF THIS AMENDMENT.
(D) Retirement allowances determined under this section
shall be paid as provided in section 145.46 of the Revised Code.
Sec. 145.35. (A) As used in this section, "on-duty
illness or injury" means an illness or injury that occurred
during or resulted from performance of duties under the direct
supervision of a member's appointing authority.
(B) The public employees retirement system shall provide
disability coverage to each member who has at least five years of
total service credit and disability coverage for on-duty illness
or injury to each member who is a law enforcement officer,
regardless of length of service.
Not later than October 16, 1992, the public employees
retirement board shall give each person who is a member on the
effective date of this amendment JULY 29, 1992,
the opportunity to elect disability coverage either under section 145.36 of
the Revised Code or under section 145.361 of the Revised Code. The board
shall mail notice of the election, accompanied by an explanation
of the coverage under each of the Revised Code sections and a
form on which the election is to be made, to each member at his THE
MEMBER'S
last known address. The board shall also provide the explanation
and form to any member at his ON request.
Regardless of whether the member actually receives notice of his
THE right to make an election, a member who fails to file a
valid election under this section shall be considered to have
elected disability coverage under section 145.36 of the Revised
Code. To be valid, an election must be made on the form provided
by the retirement board, signed by the member, and filed with the
board not later than one hundred eighty days after the date the
notice was mailed, or, in the case of a form provided at the
request of a member, a date specified by rule of the retirement
board. Once made, an election is irrevocable, but if the member
ceases to be a member of the retirement system, the election is
void. If a person who makes an election under this section also
makes an election under section 3307.42 or 3309.39 of the Revised
Code, the election made for the system that pays a disability
benefit to that person shall govern the benefit.
Disability coverage shall be provided under section 145.361
of the Revised Code for persons who become members after the
effective date of this amendment JULY 29, 1992,
and for members who elect under this division to be covered under section
145.361 of the Revised Code.
The retirement board may adopt rules governing elections
made under this division.
(C) Application for a disability benefit may be made by a
member, by a person acting in his THE MEMBER'S behalf, or by the
member's
employer, provided the member has disability coverage under
section 145.36 or 145.361 of the Revised Code and is not
receiving a disability benefit under any other Ohio state or
municipal retirement program. Application must be made within
two years from the date the member's contributing service
terminated, unless the retirement board determines that the
member's medical records demonstrate conclusively that at the
time the two-year period expired, the member was physically or
mentally incapacitated for duty and unable to make an
application. Application may not be made by or for any person
receiving age and service retirement benefits under section
145.33, 145.331, 145.34, or 145.37 of the Revised Code or any
person who, pursuant to section 145.40 of the Revised Code, has
been paid the accumulated contributions standing to the credit of
his THE PERSON'S individual account in the employees' savings
fund. The application shall be made on a form provided by the retirement
board.
(D) NOT LATER THAN FOURTEEN DAYS AFTER RECEIVING AN
APPLICATION FOR A DISABILITY BENEFIT FROM A MEMBER OR A PERSON ACTING ON
BEHALF OF A MEMBER, THE BOARD
SHALL NOTIFY THE MEMBER'S EMPLOYER THAT AN APPLICATION HAS BEEN
FILED. THE NOTICE SHALL STATE THE MEMBER'S NAME AND SOCIAL
SECURITY NUMBER. NOT LATER THAN TWENTY-EIGHT DAYS
AFTER RECEIVING THE NOTICE OR FILING AN APPLICATION ON BEHALF OF
A MEMBER, THE EMPLOYER SHALL FORWARD TO THE BOARD
A STATEMENT CERTIFYING THE MEMBER'S JOB DESCRIPTION AND ANY OTHER INFORMATION
REQUIRED BY THE BOARD TO PROCESS THE APPLICATION. THE BOARD
SHALL MAINTAIN THE INFORMATION SUBMITTED BY
THE EMPLOYER IN THE MEMBER'S FILE.
(E) The benefit payable to any member who is approved for
a disability benefit shall become effective on the first day of
the month immediately following the later of the following:
(1) The last day for which compensation was paid;
(2) The attainment of eligibility for a disability
benefit.
(E)(F) Medical examination of a member who has applied for
a disability benefit shall be conducted by a competent
disinterested physician or physicians selected by the board to
determine whether the member is mentally or physically
incapacitated for the performance of duty by a disabling
condition either permanent or presumed to be permanent.
The disability must have occurred since last becoming a member or
have increased since last becoming a member to such extent as to
make the disability permanent or presumed to be permanent. A
disability is presumed to be permanent if it is expected to last
for a continuous period of not less than twelve months following
the filing of the application.
If the physician or physicians determine that the member
qualifies for a disability benefit, and the board concurs with
such THE determination, AND THE MEMBER AGREES TO MEDICAL
TREATMENT AS SPECIFIED IN DIVISION (G) OF THIS SECTION,
the member shall receive a disability benefit
under section 145.36 or 145.361 of the Revised Code. The action
of the board shall be final.
(F)(G) THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL ADOPT
RULES REQUIRING A DISABILITY
BENEFIT RECIPIENT, AS A CONDITION OF CONTINUING TO RECEIVE A DISABILITY
BENEFIT, TO AGREE IN WRITING TO OBTAIN ANY MEDICAL
TREATMENT RECOMMENDED BY THE BOARD'S PHYSICIAN AND SUBMIT MEDICAL REPORTS
REGARDING THE TREATMENT.
IF THE BOARD DETERMINES THAT A DISABILITY BENEFIT RECIPIENT IS NOT
OBTAINING THE MEDICAL TREATMENT OR THE BOARD DOES NOT RECEIVE A REQUIRED
MEDICAL REPORT, THE DISABILITY BENEFIT SHALL
BE SUSPENDED UNTIL THE TREATMENT IS
OBTAINED, THE REPORT IS RECEIVED
BY THE BOARD, OR THE BOARD'S PHYSICIAN CERTIFIES THAT THE
TREATMENT IS NO LONGER HELPFUL OR ADVISABLE. SHOULD THE
RECIPIENT'S FAILURE TO OBTAIN TREATMENT OR SUBMIT A MEDICAL REPORT CONTINUE
FOR ONE YEAR, THE
RECIPIENT'S RIGHT TO THE DISABILITY BENEFIT SHALL BE
TERMINATED.
(H) In the event an employer files an application for a
disability benefit as a result of a member having been separated
from service because he THE MEMBER is considered to be mentally
or physically incapacitated for the performance of his THE
MEMBER'S present duty,
and the physician or physicians selected by the board reports to
the board that the member is physically and mentally capable of
performing service similar to that from which he THE MEMBER was
separated
and the board concurs in the report, the board shall so certify
to the employer and the employer shall restore the member to his THE
MEMBER'S
previous position and salary or to a similar position and salary.
Sec. 145.351. NOT LATER THAN
MARCH 1, 2000, AND EACH FIRST DAY OF
MARCH FOR THE SUCCEEDING FIVE YEARS, THE
PUBLIC EMPLOYEES RETIREMENT BOARD SHALL MAKE AND SUBMIT A REPORT
FOR THE PRECEDING FISCAL YEAR OF THE DISABILITY RETIREMENT
EXPERIENCE OF EACH EMPLOYER. THE REPORT SHALL SPECIFY THE TOTAL
NUMBER OF DISABILITY APPLICATIONS SUBMITTED, THE STATUS OF EACH
APPLICATION AS OF THE LAST DAY OF THE FISCAL YEAR, TOTAL
APPLICATIONS GRANTED OR DENIED, AND THE PERCENTAGE OF DISABILITY
BENEFIT RECIPIENTS TO THE TOTAL NUMBER OF THE EMPLOYER'S
EMPLOYEES WHO ARE MEMBERS OF THE PUBLIC EMPLOYEES RETIREMENT
SYSTEM. THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE
OHIO RETIREMENT STUDY COUNCIL,
AND THE CHAIRPERSONS OF THE STANDING COMMITTEES AND SUBCOMMITTEES OF
THE SENATE AND HOUSE OF REPRESENTATIVES WITH PRIMARY
RESPONSIBILITY FOR RETIREMENT LEGISLATION.
Sec. 145.362. A disability benefit recipient shall retain
membership status and shall be considered
on leave of absence from employment during the first
five
years following the effective date of a disability benefit,
notwithstanding any contrary provisions in this chapter.
The public employees retirement board shall require any
disability benefit recipient to undergo an annual medical
examination, except that the board may waive the medical examination
if the board's physician or physicians specify that the recipient's disability
is ongoing.
If any disability benefit recipient refuses to submit to a
medical examination, the recipient's disability benefit
shall be discontinued SUSPENDED
until withdrawal of the refusal. Should the refusal continue
for one year, all the recipient's rights in and to
the disability benefit
shall be forfeited TERMINATED.
On completion of the examination by an
examining physician or physicians selected by the board, the
physician or physicians shall report and certify to the board
whether the disability benefit recipient is NO LONGER physically and
mentally capable INCAPABLE of resuming THE service
similar to that from which
the recipient was found disabled. If the board concurs in
the report that the disability benefit recipient is so capable NO
LONGER INCAPABLE, the payment of
the disability benefit shall be terminated not later than three
months after the date of the board's
concurrence or upon employment as a public
employee. If the leave of absence has not expired,
the retirement board shall certify to the disability benefit
recipient's last employer before being
found disabled that the recipient is capable NO LONGER PHYSICALLY
AND MENTALLY INCAPABLE
of resuming service, and the
THAT IS THE SAME OR SIMILAR TO
THAT FROM WHICH THE RECIPIENT WAS FOUND DISABLED. THE
employer shall restore the
recipient to the recipient's
previous position and salary or to a position and salary similar
thereto, UNLESS THE
RECIPIENT WAS DISMISSED OR RESIGNED IN LIEU OF DISMISSAL FOR
DISHONESTY, MISFEASANCE, MALFEASANCE, OR CONVICTION OF A
FELONY.
The board may adopt rules requiring each EACH disability
benefit
recipient to SHALL file with the board an annual statement of
earnings
and, current medical information on his THE
RECIPIENT'S
condition, AND
ANY OTHER INFORMATION REQUIRED IN RULES ADOPTED BY THE BOARD.
THE BOARD SHALL ANNUALLY EXAMINE THE INFORMATION SUBMITTED BY THE
RECIPIENT. IF A DISABILITY BENEFIT RECIPIENT REFUSES TO FILE
THE STATEMENT OR INFORMATION, THE DISABILITY BENEFIT SHALL BE SUSPENDED UNTIL
THE STATEMENT AND INFORMATION ARE FILED. IF THE REFUSAL CONTINUES FOR ONE
YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY
BENEFIT SHALL BE TERMINATED.
If a disability benefit recipient is restored to service
by, or elected to an elective office with, an employer covered by
this chapter, the recipient's disability benefit shall
cease.
The board may terminate a disability benefit at the request
of the recipient.
If disability retirement under section 145.36 of the
Revised Code is terminated for any reason, the annuity and
pension reserves at that time in the annuity and pension reserve
fund shall be transferred to the employees' savings fund and the
employers' accumulation fund, respectively. If the total
disability benefit paid is less than the amount of the
accumulated contributions of the member transferred to the
annuity and pension reserve fund at the time of the member's
disability
retirement, the difference shall be transferred from the annuity
and pension reserve fund to another fund as may be
required.
In determining the amount of a member's account following the
termination of disability retirement for any reason, the total
amount paid shall be charged against the member's refundable
account.
If a disability allowance paid under section 145.361 of the
Revised Code is terminated for any reason, the reserve on the
allowance at that time in the annuity and pension reserve fund
shall be transferred from that fund to the employers'
accumulation fund.
If a former disability benefit recipient again becomes a
contributor, other than as an other system retirant under section
145.38 of the Revised Code, to this system, the state teachers
retirement system, or the school employees retirement system, and
completes an additional two years of service credit, the former
disability benefit recipient shall be
entitled to full service credit for the period as a disability
benefit recipient.
If any employer employs any member who is receiving a
disability benefit, the employer shall file notice of employment
with the retirement board, designating the date of employment.
In case the notice is not filed, the total amount of the benefit
paid during the period of employment prior to notice shall be
charged to and paid by the employer.
Sec. 145.45. In lieu of accepting the payment of the
accumulated account of a member who dies before service
retirement, a beneficiary, as determined in this section or
section 145.43 of the Revised Code, may elect to forfeit the
accumulated contributions and to substitute certain other
benefits under division (A) or (B) of this section.
(A) If a deceased member was eligible for a service
retirement benefit as provided in section 145.33, 145.331, or
145.34 of the Revised Code, a surviving spouse or other sole
dependent beneficiary may elect to receive a monthly benefit
computed as the joint-survivor benefit designated as "plan D" in
section 145.46 of the Revised Code, which the member would have
received had the member retired on the last day of the month of
death and
had the member at that time selected such joint-survivor plan.
Payment
shall begin with the month subsequent to the member's death,
except that a surviving spouse who is less than sixty-five years
old may defer receipt of such benefit. Upon receipt, the benefit
shall be calculated based upon the spouse's age at the time of
first payment, and shall accrue regular interest during the time
of deferral.
(B) If a deceased member had at least one and one-half
years of contributing service credit, with at least one-quarter
year of contributing service credit within the two and one-half
years prior to the date of death, or was receiving at the time of
death a disability benefit as provided in section 145.36,
145.361, or 145.37 of the Revised Code, certain designated
beneficiaries may elect to receive monthly benefits as provided
in divisions (B)(1) and (5) of this section.
(1) Number | | |
of Qualified | | Or |
dependents | Annual Benefit as a Per | Monthly Benefit |
affecting | Cent of Decedent's Final | shall not be |
the benefit | Average Salary | less than |
1 | 25% | $ 96 |
2 | 40 | 186 |
3 | 50 | 236 |
4 | 55 | 236 |
5 or more | 60 | 236 |
(2) Benefits shall begin as qualified dependents meet
eligibility requirements as follows:
(a) Spouse of the deceased member, who is age sixty-two,
or age fifty if the deceased member had ten or more years of Ohio
service credit, or regardless of age if caring for a dependent
child, or regardless of age if adjudged physically or mentally
incompetent. A spouse of a member who died prior to August 27,
1970, whose eligibility was determined at the member's death, and
who is physically or mentally incompetent on or after August 20,
1976, shall be paid the monthly benefit which that person would
otherwise receive when qualified by age.
(b) Dependent child shall be any unmarried child of the
deceased member under age eighteen, or under age twenty-two if
the child is 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 such institution and as further determined by
board policy, or regardless of age if adjudged physically or
mentally incompetent at the time of the member's death. If not
domiciled in the deceased member's household at time of death, to
qualify as a dependent child the deceased member must have
contributed to one-half or more of the child's support during the
twelve-month period prior to death. "Child" as used in this
section includes a legally adopted child. If a court hearing for
an interlocutory decree for adoption has been held prior to the
time of the member's death, the beneficiary shall qualify for the
monthly benefit notwithstanding the fact that the final decree of
adoption, adjudging the surviving spouse as the adoptive parent,
is made subsequent to the death of the member.
(c) A dependent parent aged sixty-five or more who received at least one-half
of his THE PARENT'S support from the member during
the twelve-month period immediately preceding the member's death
or regardless of age if physically or mentally incompetent, a
dependent parent whose eligibility was determined by the member's
death prior to August 20, 1976, and who is physically or mentally
incompetent on or after August 20, 1976, shall be paid the
monthly benefit for which that person would otherwise qualify.
(3) "Physically or mentally incompetent" as used in this
section may be determined by a court of jurisdiction, or by a
physician appointed by the retirement board. Incapability of
making a living because of a physically or mentally disabling
condition shall meet the qualifications of this division.
(4) Benefits to a qualified dependent shall terminate upon
ceasing to meet eligibility requirements as provided in this
division, A FIRST marriage, remarriage, abandonment, adoption,
or during
active military service, except that benefits.
BENEFITS terminated under
this division PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT due to a
first remarriage shall resume if the
remarriage ceases within two years due to divorce, annulment,
dissolution, or death. If the surviving spouse of a deceased
member remarries on or after the effective date of
this amendment and at the time of
remarriage has attained age fifty-five, the benefits provided by this division
shall continue. The benefits provided
by this division also shall continue to a deceased member's surviving spouse
who remarried prior to the effective date of this amendment
and had attained age sixty-two at the
time of the remarriage. If the benefits of a deceased member's surviving
spouse were terminated under this division PRIOR TO THE EFFECTIVE DATE OF
THIS AMENDMENT due to a remarriage occurring on or
after February 15, 1995, and if at the time of remarriage the surviving spouse
had attained age fifty-five, the benefits terminated under this division shall
resume on the first day of the
month immediately following the effective date of this amendment
JUNE 5, 1996. Upon
UPON the death of any subsequent
spouse who was a member of the public
employees retirement system, state teachers retirement system, or
school employees retirement system, the surviving spouse of such
member may elect to continue receiving benefits under this
division, or to receive survivor's benefits, based upon the
subsequent spouse's membership in one or more of the systems, for
which such surviving spouse is eligible under this section or
section 3307.49 or 3309.45 of the Revised Code. If the surviving
spouse elects to continue receiving benefits under this division,
such election shall not preclude the payment of benefits under
this division to any other qualified dependent.
Benefits shall begin or resume on the first day of the
month following the attainment of eligibility and shall terminate
on the first day of the month following loss of eligibility.
(5) Benefits to a qualified spouse shall be paid in the
amount determined for the first qualifying dependent in division
(B)(1) of this section, but shall not be less than one hundred
six dollars per month if the deceased member had ten or more
years of Ohio service credit. All other qualifying dependents
shall share equally in the benefit or remaining portion thereof.
(6) The beneficiary of a member who is also a member of
the state teachers retirement system or of the school employees
retirement system, must forfeit the member's accumulated
contributions in those systems and in the public employees
retirement system, if the beneficiary elects to receive a survivor
benefit. Such benefit shall be exclusively governed by section 145.37 of
the Revised Code.
(7) If the survivor benefits due and paid under this
section are in a total amount less than the member's accumulated
account that was transferred from the public employees' savings
fund to the survivors' benefit fund, then the difference between
the total amount of the benefits paid shall be paid to the
beneficiary under section 145.43 of the Revised Code.
Sec. 742.01. As used in this chapter:
(A)(1) "Police department" means the police department of
a municipal corporation.
(2) "Member of a police department" means both ANY of the
following:
(a) Any person who receives an original appointment as a
full-time regular police officer in a police department from a
duly established civil service eligible list or pursuant to
section 124.411 of the Revised Code, or who is described in
section 742.511 of the Revised Code, or who transfers from the
public employees retirement system to the police and firemen's disability and
pension fund pursuant to section
742.513, or who is appointed pursuant to section 737.15 or 737.16 of the
Revised
Code as a full-time regular police officer and is paid solely out
of public funds of the employing municipal corporation;
(b) Any person who, on October 1, 1965, was contributing
four per cent of the person's annual salary to a police
relief and pension fund established under former section 741.32 of the Revised
Code;
(c) ANY PERSON WHO COMMENCES EMPLOYMENT ON OR
AFTER THE EFFECTIVE DATE OF THIS AMENDMENT AS A FULL-TIME POLICE
OFFICER WITH A POLICE DEPARTMENT IN A POSITION IN WHICH THE
PERSON IS REQUIRED TO SATISFACTORILY COMPLETE A PEACE OFFICER
TRAINING COURSE IN COMPLIANCE WITH SECTION 109.77 OF THE
REVISED CODE.
(B)(1) "Fire department" means a fire department of the
state or an instrumentality of the state or of a municipal
corporation, township, joint fire district, or other political
subdivision.
(2) "Member of a fire department" means all of the
following:
(a) Any person who commences employment after November 8,
1990, as a full-time firefighter with a fire department,
in a
position in which the person is required to satisfactorily
complete or have satisfactorily completed a
firefighter training course
approved under former section 3303.07 or section 4765.55 or
conducted under section 3737.33 of the Revised Code;
(b) Any person who has elected under section 742.515 of
the Revised Code to be transferred from the public employees
retirement system to the police and firemen's disability and pension fund;
(c) Any full-time firefighter who, on November 8, 1990,
is a member of the police and firemen's disability and pension fund.
(C) "Employee" means any person who is a member of a
police department or a member of a fire department.
(D) "Employer" means the government entity by which an
employee is employed and paid.
(E) "Member of the fund" means any person, except an other
system retirant as defined in section 742.26 of the Revised Code,
who is contributing a percentage of the person's annual
salary to the
police and firemen's disability and pension fund or who is
receiving a disability benefit or pension from the fund as
a result of service in a police or fire department. A person,
other than an other system retirant, who is contributing a
percentage of the person's annual salary to the fund and is
dismissed, resigns, or is granted a leave of absence from a police or fire
department shall be considered a "member of the fund" for a
period of twelve months after the first day of the
dismissal,
resignation, or leave of absence, provided the sum deducted from
the person's salary and credited to the
person's account in the fund remains on deposit in the
fund.
(F) "Total disability" means inability to perform the
duties of any gainful occupation for which the member of the fund
is reasonably fitted by training, experience, and
accomplishments, provided that absolute helplessness is not a
prerequisite of total disability.
(G) "Permanent disability" means a condition of disability
with respect to which the board of trustees of the police and
firemen's disability and pension fund finds
there is no present
indication of recovery. For purposes of making such a
determination, the board shall consider and base its findings on
all competent evidence, including medical testimony, opinions,
and statements, made available to it.
(H) "Year," for the purpose of determining benefits, means
any twelve consecutive calendar months of active service as a
member of the fund, or, in the case of a member whose salary is
paid weekly or biweekly, fifty-two consecutive weeks of active
service as a member.
(I)(G) "Average annual salary" means the highest average
annual salary of a member of the fund during any three years of
contributions determined by dividing the member's total
salary as an employee during the years by three.
(J)(H) "Normal service pension benefit" means the pension
benefit payable to a member of the fund under division (C)(1) of
section 742.37 of the Revised Code upon attaining age
forty-eight.
(K)(I) "Retirement allowance" means the total pension benefit
or disability benefit to which a member of the fund may be
entitled under division (C) of section 742.37 OR SECTION
742.39 of the Revised
Code.
(L)(J) "Fiduciary" means a person who does any of the
following:
(1) Exercises any discretionary authority or control with
respect to the management of the system, or with respect to the
management or disposition of its assets;
(2) Renders investment advice for a fee, direct or
indirect, with respect to money or property of the system;
(3) Has any discretionary authority or responsibility in
the administration of the system.
(M)(K) "Terminal pay" means the following payments made by an
employer to an employee on termination of employment:
(1) Payments for accrued but unused leave, including sick
leave, vacation, personal leave, and compensatory time;
(2) Payments deferred more than one year compensating the
employee for holidays worked or for longevity;
(3) Payments for overtime worked that are not included
either in the payroll for the period in which the overtime
is worked or for the next subsequent payroll period;
(4) Other payments that are not compensation for services
rendered in the last pay period in which services were rendered
and are designated as terminal pay by rule of the board of
trustees of the police and firemen's disability and pension fund. The board
shall not designate as terminal pay payments deferred
one year or less compensating an employee for holidays worked or
for longevity.
(N)(L)(1) Except as otherwise provided in this division,
"salary" means all compensation, wages, and other earnings paid
to an employee by reason of employment, but without regard to
whether compensation, wages, or other earnings are treated as
deferred income for federal income tax purposes. "Salary"
includes payments for overtime that are made not later than the
payroll following the payroll period in which the overtime is
worked.
(2) "Salary" does not include any of the following:
(a) Compensation for services outside the scope of an
employee's regular employment;
(b) Reimbursement of expenses;
(c) Terminal pay;
(d) Payments for accrued but unused sick leave or personal
leave, or vacation pay covering periods for which salary,
compensation, or benefits are paid;
(e) Payments made under division (B) or (D) of section
5923.05 of the Revised Code or Section 4
of Substitute Senate Bill No. 3 of the 119th general assembly;
(f) Payments made to or on behalf of an employee that are
in excess of the annual compensation that may be taken into
account by the fund under division (a)(17) of section 401 of the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
401(a)(17), as amended.
(3) The board shall determine by rule whether any
compensation, wages, or earnings not enumerated in this division
is salary, and its decision shall be final.
(O)(M) "Actuary" means an individual who satisfies all
of the following requirements:
(1) Is a member of the American academy
of actuaries;
(2) Is an associate or fellow of the society of actuaries;
(3) Has a minimum of five years' experience in providing actuarial
services to public retirement plans.
Sec. 742.03. (A) As used in this section and in sections
742.04 and 742.05 of the Revised Code:
(1) "Police officer" means a member of the fund who is OR HAS BEEN an
employee of a police department and is not a police retirant.
(2) "Firefighter" means a member of the fund who is OR HAS BEEN an
employee of a fire department and is not a firefighter retirant.
(3) "Firefighter retirant" means a member of the fund who
is receiving an age and service or disability benefit as a result
of service in a fire department or a surviving spouse of a
deceased member who is receiving a benefit as a result of the
deceased member's service in a fire department.
(4) "Police retirant" means a member of the fund who is
receiving an age and service or disability benefit as a result of
service in a police department or a surviving spouse of a
deceased member who is receiving a benefit as a result of the
deceased member's service in a police department.
(B) The administration, control, and management of the
police and firemen's disability and pension fund, created under
section 742.02 of the Revised Code, is vested in a board of
trustees of the police and firemen's disability and pension fund,
which shall consist of nine members as follows:
(1) The attorney general;
(2) The auditor of state;
(3) The fiscal officer of a municipal corporation who
shall be appointed by the governor. This member's term shall be
for three years, commencing on the fourth day of June and ending
on the third day of June. The fiscal officer member shall hold
office from the date of appointment until the end of the term
for which appointed. Any fiscal officer member appointed
to fill a vacancy occurring prior to the expiration of the term
for which the fiscal officer member's predecessor was appointed
shall hold office for the
remainder of such term. Any fiscal officer member shall continue
in office subsequent to the expiration date of the fiscal
officer member's term until such member's
successor takes office, or until a period of sixty days has
elapsed, whichever occurs first.
(4) Four members known as employee members.
Two employee members shall be police officers elected by
police officers. Two employee members shall be firefighters
elected by firefighters. Employee members of the board shall be elected for
terms of four years as provided by section 742.04 of the Revised Code.
(5) One member known as the firefighter retirant member, who shall be a
resident of this state elected by the firefighter retirants. The firefighter
retirant member shall be elected for a term of four years as provided by
section 742.04 of the Revised Code.
(6) One member known as the police retirant member, who shall be a resident
of this state elected by the police retirants. The police retirant member
shall be elected for a term of four years as provided by section 742.04 of the
Revised Code.
(C) No employee member of the board who retires while a
member of the board shall be eligible to become a retirant member
for three years after the date of the member's retirement.
Sec. 742.04. Election AS USED IN THIS SECTION, "COUNTY" MEANS THE
COUNTY OF RESIDENCE OF AN INDIVIDUAL WHO SIGNS A NOMINATING PETITION.
ELECTION of the employee members,
firefighter retirant member, and police retirant member
of the board of trustees of the police and firemen's
disability and pension fund shall be under the supervision and
direction of the board.
Nominating petitions for candidates for an employee member
of the board elected by police officers shall be signed by at
least one hundred members of the fund who are police officers,
with at least twenty signers from EACH OF at least five counties of the
state.
Nominating petitions for candidates for an employee member
of the board elected by firefighters shall be signed by at least
one hundred members of the fund who are firefighters, with at
least twenty signers from EACH OF at least five counties of the state.
Nominating petitions for candidates for an employee member
of the board shall be filed in the office of the board not later
than four p.m. on the first Monday in April preceding the date of
the expiration of the term of the employee member of the board
whose successor is to be elected.
The board shall determine the sufficiency of the nominating
petitions filed with it and the board's decision shall be final.
The board shall cause ballots to be prepared for the
election of employee members of the board which shall contain the
names of all candidates for whom proper nominating petitions have
been filed with the board.
A POLICE OFFICER OR FIREFIGHTER IS ELIGIBLE TO VOTE IN AN ELECTION IF
THE POLICE OFFICER OR FIREFIGHTER IS A MEMBER OF THE FUND ON THE FIRST
MONDAY IN
MARCH PRECEDING THE DATE OF THE
EXPIRATION OF THE TERM OF THE EMPLOYEE MEMBER OF THE BOARD WHOSE
SUCCESSOR IS TO BE ELECTED. THE BOARD SHALL DETERMINE WHETHER A
MEMBER OF THE FUND IS ELIGIBLE TO VOTE AT AN ELECTION AND
ITS DECISION SHALL BE FINAL.
On or before the first Monday in May preceding the date of
the expiration of the term of the employee member of the board
whose successor is to be elected, the board shall cause ballots
to be sent to each member of the fund who is eligible to vote at
such election to the address of such member as shown on the
records of the board.
Ballots shall be returned to the board not later than the
third Tuesday in May following the date that the ballots were
mailed to the members of the fund eligible to vote at such
election.
The board shall cause the ballots to be counted and shall
declare the person receiving the highest number of votes elected
as an employee member of the board for a term of four years
beginning on the first Monday in June following such election.
Nominating petitions for candidates for the police retirant
member of the board shall be signed by at
least fifty police retirants, with at least ten signers from at
least five counties of the state.
Nominating petitions for candidates for the firefighter
retirant member of the board shall be signed by
at least fifty firefighter retirants, with at least ten signers
from at least five counties of the state.
Nominating petitions for candidates for the retirant members of the
board shall be filed in the office of the board not later
than four p.m. on the first Monday in April preceding the date of
the expiration of the term of the retirant member of the board
whose successor is to be elected.
The board shall determine the sufficiency of the nominating
petitions filed with it, and the board's decision shall be final.
The board shall cause ballots to be prepared for the
election of these board members which shall contain the
names of all candidates for whom proper nominating petitions have
been filed with the board.
A RETIRANT IS ELIGIBLE TO VOTE IN AN ELECTION IF THE
RETIRANT IS A POLICE RETIRANT OR FIREFIGHTER RETIRANT ON THE
FIRST MONDAY IN
APRIL PRECEDING THE DATE OF THE
EXPIRATION OF THE TERM OF THE RETIRANT MEMBER OF THE BOARD WHOSE
SUCCESSOR IS TO BE ELECTED. THE BOARD SHALL DETERMINE WHETHER A
POLICE RETIRANT OR FIREFIGHTER RETIRANT IS ELIGIBLE TO VOTE
AT AN ELECTION AND ITS DECISION SHALL BE FINAL.
On or before the first Monday in May preceding the date of
the expiration of the term of a retirant member of the board
whose successor is to be elected, the board shall cause ballots
to be sent to each person who is eligible to vote in the election
to the address of the person as shown on the records of the
board.
Ballots shall be returned to the board not later than the
third Tuesday in May following the date that the ballots were
mailed to the persons eligible to vote in the election.
The board shall cause the ballots to be counted and shall
declare the person receiving the highest number of votes elected
as the police retirant member or the
firefighter retirant member of the board for a term of four years
beginning on the first Monday in June following the election.
Sec. 742.05. Any vacancy occurring in the term of a member
of the board of trustees of the police and firemen's
disability and pension fund who is the fiscal
officer of a municipal corporation shall be filled by appointment by the
governor for the unexpired term of such member.
Any vacancy occurring in the term of an employee member of
the board shall be filled by the remaining employee members and
the retirant members of the board for the unexpired term
of such member.
Any vacancy occurring in the term of a retirant member of
the board shall be filled by the employee members and the remaining
retirant member of the board for the unexpired term.
When IF a member of the board who is the fiscal officer of a
municipal corporation ceases to be a fiscal officer of a
municipal corporation, a vacancy shall exist.
If an employee member of the board ceases to be an employee
of a police or fire department MEMBER OF THE FUND, a vacancy
shall exist.
If as a result of changed circumstances a retirant member
no longer qualifies for membership on the board as a
retirant member, a vacancy shall exist.
Any employee or retirant member of the board or member of
the board who is the fiscal officer of a municipal corporation
who fails to attend three consecutive meetings of the board,
without valid excuse, shall be considered as having resigned from
the board and the board shall declare the member's office
vacated and as of the date of the adoption of a proper resolution a vacancy
shall exist.
Sec. 742.08. (A) The members of the board of trustees of the police and
firemen's disability and pension fund shall
serve without compensation but
shall be reimbursed for their necessary expenses incurred in the performance
of their official duties.
An employee member of the board shall suffer no loss or penalty whatsoever
because of absence from his THE EMPLOYEE MEMBER'S regular
employment while engaged in official
duties as a member of the board.
(B) The board may secure insurance coverage designed to indemnify board
members and employees for their actions or conduct in the performance of
official duties, and may pay required premiums for such coverage from the
expense fund.
(C) The board shall adopt rules in accordance with section 111.15 of the
Revised
Code establishing a policy for
reimbursement of travel expenses incurred by board members in
the performance of their official duties. As part of any audit
performed under Chapter 117. of
the Revised
Code, an inquiry shall be made
into whether board members have complied with these rules.
(D) No board member
shall accept payment or reimbursement for travel expenses, other
than for meals and other food and beverages provided to the
member, from any source other than the expense fund established
under section 742.38 742.59 of the
Revised
Code. Except in the case of an
emergency, no out-of-state travel expenses shall be reimbursed
unless approved in advance by a majority of the board at a
regular board meeting.
Sec. 742.10. The board of trustees of the police and firemen's disability and
pension fund may sue and be sued, plead and be impleaded, contract and be
contracted with, employ and fix the compensation of employees, and adopt rules
for the proper administration and management of the fund. The
THE attorney
general shall prescribe procedures for the adoption of rules authorized under
this chapter, consistent with the provisions of section 111.15 of the Revised
Code under which all rules shall be filed in order to be effective. Such
procedures shall establish methods by which notice of proposed rules is given
to interested parties and rules adopted by the board published and otherwise
made available. WHEN IT FILES A RULE WITH THE JOINT COMMITTEE ON AGENCY
RULE REVIEW PURSUANT TO SECTION 111.15 OF THE
REVISED CODE, THE BOARD SHALL SUBMIT TO
THE OHIO RETIREMENT STUDY
COUNCIL A COPY OF THE FULL TEXT OF THE RULE, AND IF APPLICABLE,
A COPY OF THE RULE SUMMARY AND FISCAL ANALYSIS REQUIRED BY DIVISION
(B) OF SECTION 127.18 OF THE REVISED CODE.
All rules adopted pursuant to this chapter, prior to August 20, 1976, shall be
published and made available to interested parties by January 1, 1977.
Sec. 742.11. (A) The members of the board of trustees of the police and
firemen's disability and pension fund shall be the trustees of
the funds created by section 742.38 742.59 of the Revised
Code.
The board shall have full power to invest the funds. The board
and other fiduciaries shall discharge their duties with
respect to the funds solely in the interest of the participants
and beneficiaries; for the exclusive purpose of providing
benefits to participants and their beneficiaries and defraying
reasonable expenses of administering the police and firemen's
disability and pension fund; with care,
skill, prudence, and diligence under the circumstances then
prevailing that a prudent person acting in a like
capacity and
familiar with these matters would use in the conduct of an
enterprise of a like character and with like aims; and by
diversifying the investments of the disability and pension
fund so as to minimize the
risk of large losses, unless under the circumstances it is
clearly prudent not to do so.
To facilitate investment of the funds, the board may establish a
partnership, trust, limited liability company, corporation, including a
corporation exempt from taxation under the Internal Revenue
Code, 100 Stat. 2085, 26 U.S.C.A. 1, as amended, or
any other legal entity authorized to transact business in this state.
(B) In exercising its fiduciary responsibility with
respect to the investment of the funds, it shall be the intent of
the board to give consideration to investments that enhance the
general welfare of the state and its citizens where the
investments offer quality, return, and safety comparable to
other investments currently available to the board. In fulfilling this
intent, equal consideration shall be given to investments
otherwise qualifying under this section that involve minority
owned and controlled firms and firms owned and controlled by
women, either alone or in joint venture with other firms.
The board shall adopt, in regular meeting, policies,
objectives, or
criteria for the operation of the investment program that include asset
allocation targets and ranges, risk factors, asset class benchmarks, time
horizons, total return objectives, and performance evaluation guidelines.
In adopting policies and criteria for the selection of agents with whom the
board may contract for the administration of the
funds, the board shall give equal consideration to minority owned and
controlled firms, firms owned and controlled by women, and joint
ventures involving minority owned and controlled firms and firms
owned and controlled by women that otherwise meet the policies and
criteria established by the board. Amendments and additions to the
policies and criteria
shall be adopted in regular meeting. The board shall publish its
policies, objectives, and criteria under this provision no less
often than annually and shall
make copies available to interested parties.
When reporting on the performance of investments, the board shall comply
with the performance presentation standards established by the association for
investment management and research.
(C) All bonds, notes, certificates, stocks, or
other evidences of investments purchased by the
board shall be delivered to the
treasurer of state, who is hereby designated as custodian
thereof, or to the treasurer of state's authorized agent,
and the treasurer of state or the agent shall collect the
principal, interest, dividends, and distributions
that become due and payable and place them when so collected into the
custodial funds.
Evidences of title of the investments may be deposited by the treasurer
of state for safekeeping with an authorized
agent, selected by the treasurer of state, who is a qualified
trustee under section 135.18 of the Revised Code. The treasurer
of state shall pay for the investments purchased by the board
on receipt of
written or
electronic instructions from the board or the board's designated agent
authorizing the
purchase and pending receipt of the evidence of title of the investment by the
treasurer of state or the treasurer of state's authorized agent. The board
may sell investments held by the board, and the treasurer of state or the
treasurer of state's authorized agent shall accept payment from the purchaser
and deliver evidence of title of the investment to the purchaser on receipt of
written or electronic instructions from the board or the board's designated
agent
authorizing the sale, and pending receipt of the moneys for the investments.
The amount received shall be placed into the
custodial funds. The board and the treasurer of state may enter
into agreements to establish procedures for the purchase and sale of
investments under this division and the custody of the investments.
(D) All of the board's business shall be
transacted, all its funds shall be invested, all warrants
for money drawn and payments shall be made, and all of its cash,
securities, and other property shall be held, in the name of the board
or its nominee, provided that nominees are
authorized by board resolution for the purpose of
facilitating the ownership and transfer of investments.
(E) No purchase or sale of any investment shall be
made under this section except as
authorized by the board of trustees of the police and
firemen's disability and pension fund.
(F) Any statement of financial position distributed by the
board shall include the fair value, as of the statement
date, of all investments held by the board under this section.
Sec. 742.22. A member of the fund who is receiving
disability benefits from the police and firemen's
disability and
pension fund and is restored to active duty as a member of a
police or fire department shall, in computing years of service
under section 742.37 OR 742.39 of the Revised Code, be given
service credit
toward retirement for the time he THE MEMBER was
receiving such
disability
benefits.
On restoration to active duty as a member of a police or
fire department, the member shall make contributions to the fund
in accordance with section 742.31 of the Revised Code, and his THE
MEMBER'S disability benefits shall be terminated on the first day
following restoration to active duty. In determining the amount
of the member's account after the termination of disability
benefits, the total sum of the disability benefits paid shall be
deducted from any refund payable to the member under division (G)
of section 742.37 of the Revised Code.
The employer shall notify the board of trustees of the
police and firemen's disability and pension fund of the member's
return to active duty before the end of the month then current,
designating the date of the resumption of active duty. If the
member is paid any amount of disability benefits to which he THE
MEMBER is not entitled under this section, such amount shall be repaid to
the fund by the member or shall be recovered by a withholding
from subsequent retirement allowances or other amounts payable
under this chapter.
Sec. 742.221. A member of the police and firemen's
disability and pension fund who, during the period of employment
as a member of a police or fire department, is removed from
active pay status due to pregnancy or a medical disability leave
not exceeding one year for each such leave, shall, in computing
years of active service in such department under division (C) of
section 742.37 OR SECTION 742.39 of the Revised Code, be given
full credit for time for which contributions were not made during such leave
of absence if all of the following conditions are met:
(A) The leave was approved by the member's employing
authority.
(B) During the period of the leave the member was not
entitled to receive disability benefits from the fund.
(C) The member pays into the fund an amount equal to the
employee contributions that would have been deducted from the
base pay had the member remained on active pay status, plus
interest compounded annually from the date the leave commenced to
the date of payment. The rate of interest shall be determined by
the board of the police and firemen's disability and pension fund.
Sec. 742.23. A member of the fund who is an employee of the police department
of a municipal corporation and who has resigned or has been honorably
discharged from membership in the fire department of the same municipal
corporation shall, in computing years of service in the police department
under section 742.37 OR 742.39 of the Revised Code, be given
full credit for time served in such fire department, provided he THE
MEMBER has paid into the police and firemen's disability and
pension fund a sum equal to that which he THE MEMBER would have
been required to pay, under former section 741.12 and section 742.31 of the
Revised Code, as a member of such fire department during the years for which
service credit is claimed had he THE MEMBER been contributing a
percentage of his THE MEMBER'S salary to a firemen's
relief and pension fund or to the police and
firemen's disability and pension fund as provided by such sections during such
years.
Sec. 742.24. A member of the fund who is an employee of the fire department
of a municipal corporation and who has resigned or has been honorably
discharged from membership in the police department of the same municipal
corporation shall, in computing years of service in the fire department under
section 742.37 OR 742.39 of the Revised Code, be given full
credit for the time served
in such police department, provided he THE MEMBER has paid into
the police and firemen's disability and pension
fund a sum equal to that which he THE MEMBER would have been
required to pay, under former section 741.43 and section 742.31 of the Revised
Code, as a member of such police department during the years for which service
credit is claimed had he THE MEMBER been contributing a
percentage of his THE MEMBER'S salary to a police relief and
pension fund or to the police and firemen's disability and
pension fund, as provided by such sections during such years.
Sec. 742.251. (A) A member of the police and firemen's
disability and pension fund, in computing years of
active service
under division (C) of section 742.37 OR SECTION 742.39 of the
Revised Code, shall
be given full credit for full-time out-of-state or federal
service, other than military service, purchased under this
section. A member may purchase credit for such service if all of
the following conditions are met:
(1) The service was rendered as an employee of an entity
of state or local government, or of an entity of the United
States government;
(2) The member is eligible to retire under this chapter or
will become eligible to retire as a result of purchasing the
credit;
(3) The member agrees to retire within ninety days after
receiving notice of the amount determined under division (B) of
this section.
(B) On receipt of a request from a member eligible to
purchase credit under this section, the fund shall obtain from
its actuary certification of the amount of the additional
liability to the fund for each year of credit the member is
eligible to purchase and shall notify the member of that amount.
For each year of credit purchased, the member shall pay to the
fund an amount equal to the additional liability resulting from
the purchase of credit for that year. Payment shall be made in
full at the time of purchase.
(C) The number of years of service purchased under this
section shall not exceed five.
(D) A member may not purchase credit under this section
for service that is used in the calculation of any public or
private retirement benefit, other than federal social security
benefits, currently being paid or payable in the future to the
member.
(E) If the member does not retire within ninety days after
purchasing credit under this section, the fund shall withdraw the
credit and refund the amount paid by the member.
Sec. 742.27. (A) As used in this section, "lay off" means
to cease to employ a person pursuant to sections 124.321 to
124.328 of the Revised Code or pursuant to any similar provisions
that apply to the person under any of the following:
(1) A collective bargaining agreement entered into under
Chapter 4117. of the Revised Code;
(2) Any ordinance, resolution, contract, agreement,
policy, or procedure governing employment.
(B) A member of the police and firemen's disability and
pension fund who, during his employment as a member of a police
or fire department, is removed from active pay status by being
laid off by his THE MEMBER'S employer, shall, in computing years
of active service under division (C) of section 742.37 OR SECTION
742.39 of the Revised Code, be given full credit for time for which
contributions were not made during the period he THE MEMBER was
laid off, if all of the following conditions are met:
(1) During the time the member was laid off, he THE MEMBER was
not
entitled to receive disability benefits from the fund.
(2) During the time the member was laid off, he THE MEMBER did
not render any service that is used in the calculation of any public
or private retirement benefit, except any federal social security
retirement benefit, currently being paid or payable in the future
to the member.
(3) The fund receives the amount determined under division
(C) of this section from the member, his THE MEMBER'S employer,
or the member and the employer.
The total amount of service purchased by any member under
this section shall not exceed two years. A member may choose to
purchase only part of such credit in any one payment, subject to
board rules.
(C) The amount paid for the credit purchased under this
section shall be an amount equal to the additional liability to
the fund resulting from the purchase of the credit, as determined
by an actuary employed by the board of trustees of the fund.
(D) The board shall have final authority to determine and
fix the amount of the payment for credit purchased under this
section. The employer may pay all or part of the payment.
(E) The board of trustees shall adopt rules for the
implementation of this section.
Sec. 742.31. Each employee shall contribute an amount equal to ten per cent
of his THE EMPLOYEE'S salary to the police and firemen's
disability and pension fund. The
amount shall be deducted by the employer from the employee's salary as defined
in division (N)(L) of section 742.01 of the Revised Code for
each payroll
period,
irrespective of whether the minimum compensation provided by law for the
employee is reduced thereby. Every employee shall be deemed to consent to the
deductions, and payment to him THE EMPLOYEE less the deductions
is a complete discharge and
acquittance of all claims and demands for the services rendered by him
THE EMPLOYEE during the period covered by such payment.
Sec. 742.32. The fiscal officer of each employer shall
transmit promptly MONTHLY to the secretary of the board of
trustees of
the police and firemen's disability and pension fund a report of
employee deductions at such intervals and in such form as the
board requires. The report shall show all deductions for the
fund made pursuant to section 742.31 of the Revised Code and
shall be accompanied by warrants or checks PAYMENTS covering the
total of
such deductions. Separate warrants or checks PAYMENTS shall be
so
transmitted for that portion of such deductions made from the
salaries of members of the police department and for that portion
of such deductions made from the salaries of members of the fire
department. The A PENALTY OF FIVE PER CENT OF THE TOTAL AMOUNT DUE
FOR THE PARTICULAR REPORTING PERIOD SHALL BE ADDED WHEN THE REPORT,
TOGETHER WITH PAYMENTS TO COVER THE TOTAL AMOUNT DUE
FROM THE SALARIES OF ALL EMPLOYEES OF THE EMPLOYER, IS TRANSMITTED
THIRTY OR MORE DAYS AFTER THE LAST DAY OF THE REPORTING PERIOD.
THE PENALTY SHALL BE ADDED TO AND COLLECTED ON THE NEXT
SUCCEEDING REGULAR EMPLOYER BILLING. IF THE PENALTY IS NOT PAID WITHIN THREE
MONTHS AFTER IT IS ADDED TO THE REGULAR EMPLOYER BILLING, INTEREST AT A RATE
DETERMINED BY
THE BOARD MAY BE CHARGED ON THE AMOUNT OF THE
PENALTY FROM THE DATE THE AMOUNT IS DUE TO THE DATE OF PAYMENT.
THE secretary of the board, after making a record of
all such receipts and crediting each employee's individual
account with the amount deducted from his THE EMPLOYEE'S salary,
shall deposit
the receipts with the treasurer of state for use as provided by
this chapter. Where an employer fails or refuses to deduct
contributions for any employee and transmit such amounts to the
fund, the board may make a determination of the employee's
liability for contributions and certify to the employer the
amounts due for collection in the same manner and subject to the
same penalties as payments due the employer's contributions
funds.
Sec. 742.33. (A) Each employer shall pay quarterly, on
such dates as the board of trustees of the police and firemen's
disability and pension fund requires, from its
general fund, or
from a levy imposed pursuant to division (J) or (W) of section
5705.19 of the Revised Code, to the fund an amount, certified by
the secretary of the board and known as the "policemen
POLICE
employer's
contribution.," Beginning the first day of the first month
following the effective date of this amendment, the contribution
WHICH
shall be nineteen and one-half per cent of the salaries as
defined in division (N)(L) of section 742.01 of the Revised
Code of
the members of the police department of the employer.
(B) The taxing authority of each municipal corporation in
which there was a police relief and pension fund on October 1,
1965, shall annually, in the manner provided for making other
municipal levies and in addition to all other levies authorized
by law, levy a tax of three-tenths of one mill upon all the real
and personal property as listed for taxation in the municipal
corporation for the purpose of paying the policemen POLICE
employer's
contribution and the municipal corporation's accrued liability
for its former police relief and pension fund and interest
thereon, and of defraying the current operating expenses of the
municipal corporation. The annual revenues derived from the tax
shall be used in the following order:
(1) First, to pay the current policemen POLICE employer's
contribution and any interest related thereto;
(2) Second, to pay any accrued liability chargeable to the
municipal corporation during the current calendar year for its
former police relief and pension fund and any interest related
thereto;
(3) Third, to defray the current operating expenses of the
municipal corporation.
Sec. 742.34. (A) Each employer shall pay quarterly, on
such dates as the board of trustees of the police and firemen's
disability and pension fund requires, from its
general fund, or
from a levy imposed pursuant to division (I) or (W) of section
5705.19 of the Revised Code, to the fund an amount, certified by
the secretary of the board and known as the "firemen
FIREFIGHTERS employer's
contribution.," Beginning the first day of the first month
following the effective date of this amendment, the contribution
WHICH
shall be twenty-four per cent of the salaries as defined in
division (N)(L) of section 742.01 of the Revised Code of the
members
of the fire department of the employer.
(B) The taxing authority of each municipal corporation in
which there was a firemen's relief and pension fund on October 1,
1965, shall annually, in the manner provided for making other
municipal levies and in addition to all other levies authorized
by law, levy a tax of three-tenths of one mill upon all the real
and personal property as listed for taxation in the municipal
corporation for the purpose of paying the firemen FIREFIGHTERS
employer's
contribution and the municipal corporation's accrued liability
for its former firemen's relief and pension
fund and interest
thereon, and of defraying the current operating expenses of the
municipal corporation. The annual revenues derived from the tax
shall be used in the following order:
(1) First, to pay the current firemen FIREFIGHTERS employer's
contribution and any interest related thereto;
(2) Second, to pay any accrued liability chargeable to the
municipal corporation during the current calendar year for its
former firemen's relief and pension fund and any interest related
thereto;
(3) Third, to defray the current operating expenses of the
municipal corporation.
Sec. 742.35. Each employer shall pay its annual policemen
POLICE employer's contribution and firemen FIREFIGHTERS
employer's contribution in
four equal installments promptly after such amount is certified
by the secretary of the board of trustees of the police and
firemen's disability and pension fund, as provided in sections
742.33 and 742.34 of the Revised Code. Ninety SIXTY days after
such a
billing is submitted THE DATE AN INSTALLMENT IS DUE, any amounts
which remain unpaid shall be
subject to a penalty for late payment in the amount of five per
cent. In addition, interest on past due accounts and penalties
may be charged at the A rate of six per cent per annum
DETERMINED BY THE RETIREMENT BOARD FROM THE DATE THE INSTALLMENT IS DUE TO
THE DATE OF PAYMENT.
Upon certification by the board to the county auditor of an
amount due from any employer within the county who is subject to
this chapter, by reason of such employer's delinquency in making
employer contribution payments to the fund for past years, such
amount shall be withheld from such employer from any funds in the
hands of the county treasurer for distribution to such employer.
Upon receipt of such certification, the county auditor shall draw
a warrant against such funds in favor of the fund for the amount.
Sec. 742.36. The treasurer of state shall pay in August, 1981 and each August
thereafter from appropriations made for such purposes to the police and
firemen's disability and pension fund one
million two hundred thousand dollars
which shall be known as the "state contribution." Upon receipt of such state
contribution, the board of trustees of the police and firemen's
pension fund
shall place the state contribution in the guarantee fund to be distributed in
accordance with division (G) of section 742.38 742.59 of the
Revised Code.
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 is permanently and totally
disabled as the result of the performance of the member's
official duties
as a member of a police or fire department shall be paid annual
disability benefits until death, payable in twelve monthly
installments, in an amount equal to seventy-two per cent of the
member's annual salary for the last year the member was
in the active service of the police or fire department.
(3) A member of the fund who is partially disabled as the
result of the performance of the member's official duties as
a member of a
police or fire department shall, if the disability prevents
the
member from performing those duties and impairs the
member's earning capacity,
receive 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
impairment of
the member's earning capacity warrants an increase or decrease,
but in no event shall a benefit paid to the member exceed
sixty
per cent of the member's average annual salary. Each such
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.
(4) A member of the fund who is disabled as a result of
heart disease or any cardiovascular disease of a chronic nature
or any respiratory disease of a chronic nature, which disease or
any evidence of which disease was not revealed by the physical
examination passed by the member upon entry into the department,
is presumed to have incurred the disease while performing official
duties as a member of the department, unless the
contrary is shown by competent evidence.
If the disability prevents the member from performing
official
duties and impairs the member's earning capacity,
the member shall be paid annual disability payments in accordance with
division (C)(2) or (3) of this section.
A member of the fund who applies for disability benefits as
a result of heart disease or any cardiovascular disease of a
chronic nature or any respiratory disease of a chronic nature,
which disease or any evidence of which disease was not revealed
by the physical examination passed by the member upon entry into
the department, shall be examined by two physicians designated by
the board of trustees of the police and firemen's
disability and
pension fund, one of whom may be the attending physician. Each
examining physician shall submit a written report of the
examination findings to the board.
(5) A member of the fund who has completed five or more
years of active service in a police or fire department and has
incurred disability not caused or induced by the actual
performance of the member's official duties as a member of
the department, or by the member's own negligence, such
disability preventing
the member from performing the member's
official duties as a member of the
department and impairing the member's earning capacity,
shall receive
annual disability benefits, payable in twelve monthly
installments, in an amount to be fixed by the board. The board
may increase or decrease the monthly benefits whenever the
impairment in the member's earning capacity warrants an increase
or decrease, but in no event shall a benefit paid to the
member
exceed the greater of five thousand dollars or 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,
or sixty
per cent of the average annual salary, whichever is
smaller.
(6) 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.
(7)(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.
(8) The board of trustees of the police and firemen's
disability and pension fund shall notify a member
of its final
action awarding a disability benefit to the member within thirty
days of its final action. The notice shall be sent by
certified
mail, return receipt requested. Not later than ninety days after
receipt of notice from the board, the member shall elect, on
a form provided by the board, either to accept or waive the
disability benefit award. If the member elects to waive the
disability benefit award or fails to make an election within
the time period, the award shall be rescinded. A member
who later seeks a disability benefit award shall be required
to
make a new application, which shall be dealt with in accordance
with the procedure used for original disability benefit
applications.
(4) With the exception of those persons who may make
application for increased benefits as provided in division (C)(3)
or (5) of this section or 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.
A person is not eligible to apply for or receive disability benefits
under division (C)(2), (3), (4), or (5) of this section unless the
person is a member of the fund on the date on which the application for
disability benefits is submitted to the fund.
(D) A surviving spouse of a deceased member of the fund
shall receive a pension of four hundred ten dollars per month
during the natural life of the surviving spouse or until the
surviving spouse remarries, except that if the surviving
spouse remarries on or after the effective date of this amendment
SEPTEMBER 27, 1996,
and at the
time of remarriage has attained age fifty-five, the pension shall
continue. A pension terminated under
this division due to
remarriage shall resume if either
of the following is the case:
(1) The surviving spouse has attained age fifty-five at the time of
remarriage and the remarriage occurs on or after June 5, 1996;
(2) The remarriage is a first remarriage and it ceases within
two years due to divorce, annulment,
dissolution, or death.
(E) Each surviving child of a deceased member of the fund
shall receive a pension of one hundred eighteen dollars per month
until the child attains the age of eighteen years, or
marries,
whichever event occurs first. Benefits 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, the
child shall receive a
pension of one hundred eighteen dollars per month 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 dollars. If there is only one parent dependent
upon the member for support, the parent
shall be paid a monthly
pension of one 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 division (C)(1), (2), (3), (4), or (5) 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), (2), or (7) 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. 742.371. (A) As used in this section, "lay off" has
the same meaning as in division (A) of section 742.27 of the
Revised Code.
(B) A member of the fund who has voluntarily resigned or
who voluntarily resigns or who has been or is removed from active
service in a police or fire department for any reason other than
a lay off that was involuntary, as certified pursuant to division
(C) of this section, and receives or has received from a police
relief and pension fund under division (I) of former section
741.49 of the Revised Code, or from a firemen's relief and
pension fund under division (I) of former section 741.18 of the
Revised Code, or from a township firemen's
relief and pension
fund under division (I) of former section 521.11 of the Revised
Code, or from the police and firemen's
disability and pension
fund under division (G) of section 742.37 of the Revised Code, an
amount equal to the sum deducted from his THE MEMBER'S salary
and credited to one of such funds shall, upon reinstatement to the active
service
of such police or fire department, deposit with the police and
firemen's disability and pension fund an
amount equal to the sum
so received by him THE MEMBER, with interest compounded annually
thereon, at
a rate to be determined by the board of trustees of the police
and firemen's disability and pension fund, from the date of such
receipt to the date of such deposit. The member may choose to
purchase only part of such credit in any one payment, subject to
board rules. Such member shall not be entitled to receive any
pension or benefit payments under division (B) or (C) of section
742.37 OR SECTION 742.39 of the Revised Code until he
THE MEMBER has made the
deposit required by this section.
(C) A member of the fund who has been or is removed from
active service in a police or fire department as a result of a
lay off that was involuntary, as certified pursuant to this
division, and receives or has received from a police relief and
pension fund under division (I) of former section 741.49 of the
Revised Code, or from a firemen's relief and pension fund under
division (I) of former section 741.18 of the Revised Code, or
from a township firemen's relief and pension fund under division
(I) of former section 521.11 of the Revised Code, or from the
police and firemen's disability and pension fund under division
(G) of section 742.37 of the Revised Code, an amount equal to the
sum deducted from his THE MEMBER'S salary and credited to one of
such funds
may, upon reinstatement to the active service of such police or
fire department, deposit with the police and firemen's disability
and pension fund an amount equal to the sum so received by him THE
MEMBER, with interest compounded annually thereon, at a rate to be
determined by the board of trustees of the police and firemen's
disability and pension fund from the date of such receipt to the
date of such deposit. The member may choose to purchase only
part of such credit in any one payment, subject to board rules.
If any police or fire department reinstates a member of the
fund who was removed from active service in that police or fire
department as a result of a lay off that was involuntary, the
police or fire department shall upon the request of that member
certify to the fund that the member was removed from active
service in that police or fire department as a result of a lay
off that was involuntary.
Sec. 742.372. A member of the fund who is in the active
service of a police department and is not receiving a pension or
benefit payment from the police and firemen's disability and
pension fund shall, in computing years of active service in such
department under division (C) of section 742.37 OR SECTION
742.39 of the Revised
Code, be given credit for the time served in the active service
of another Ohio police or fire department, provided both of the
following occur:
(A) He THE MEMBER was a member of a police or firemen's relief
and
pension fund or the police and firemen's
disability and pension
fund during the full time for which such active service credit is
claimed.
(B) He THE MEMBER pays into the police and firemen's disability and
pension fund the amount received by him THE MEMBER under
division (I) of
former section 521.11, division (I) of former section 741.18,
division (I) of former section 741.49, or division (G) of section
742.37 of the Revised Code, with interest compounded annually
thereon at a rate to be determined by the board of trustees of
the police and firemen's disability and
pension fund, from the
date of such receipt to the date of such deposit, or there is to
his THE MEMBER'S credit in the policemen's
contribution fund an amount equal
to the sums contributed by him THE MEMBER to such police or
firemen's relief
and pension fund or to the police and firemen's disability and pension fund
for the full time for
which such active service credit is claimed.
Sec. 742.373. A member of the fund who is in the active
service of a fire department and is not receiving a pension or
benefit payment from the police and firemen's disability and
pension fund shall, in computing years of active service in such
department under division (C) of section 742.37 OR SECTION
742.39 of the Revised
Code, be given credit for time served in the active service of
another Ohio police or fire department, provided both of the
following occur:
(A) He THE MEMBER was a member of a police or firemen's relief and
pension fund or the police and firemen's disability and pension
fund during the full time for which such active service credit is
claimed.
(B) He THE MEMBER pays into the police and firemen's disability and
pension fund the amount received by him THE MEMBER under division (I) of
former section 521.11, division (I) of former section 741.18,
division (I) of former section 741.49, or division (G) of section
742.37 of the Revised Code, with compound interest thereon at a
rate to be determined by the board of trustees of the police and
firemen's disability and pension fund, from the date of such
receipt to the date of such deposit, or there is to his THE
MEMBER'S credit in
the firemen's contribution fund an amount
equal to the sums
contributed by him THE MEMBER to such police or firemen's relief and pension
fund or to the police and firemen's
disability and pension fund
for the full time for which such active service credit is
claimed. A member may choose to purchase only part of such
credit in any one payment, subject to board rules.
Sec. 742.374. On and after December 31, 1971, all persons
who retired and were eligible to receive a pension that was
payable prior to July 1, 1968, pursuant to division (B) of
section 742.37 of the Revised Code, and all persons who qualified
for a payment under divisions DIVISION (C)(1) to (5) of
such section OR DIVISION (C)(2), (3), (4), OR (5) OF FORMER
SECTION 742.37 of the Revised Code
prior to such date shall receive an additional monthly payment of
two dollars for each year between the member's effective date of
retirement or disability and December 31, 1971, or an additional
fifty dollars, whichever is less.
This section does not apply to persons included under
division (H)(2) of section 742.37 of the Revised Code.
On or before the first day of August in each year, the
board of trustees of the police and firemen's
disability and
pension fund shall certify to the treasurer of state the amount
required to be paid in the preceding fiscal year under this
section. Upon receipt of such certification, the treasurer of
state shall pay to the fund the amount certified.
Sec. 742.375. A member of the fund who is in the active
service of a police or fire department and is not receiving a
pension or benefit payment from the police and firemen's
disability and pension fund shall, in computing years of active
service in such department under division (C) of section 742.37 OR
SECTION 742.39
of the Revised Code, be given full credit for the time served in
the state highway patrol retirement system, provided such member
pays into the police and firemen's disability and pension fund
the amount received by him THE MEMBER under section 5505.19 of
the Revised
Code, with interest compounded annually thereon at a rate to be
determined by the board from the date of such receipt to the date
of such deposit. The member may choose to purchase only part of
such credit in any one payment, subject to board rules.
Upon certification by the board of the police and firemen's
disability and pension fund to the board of the state highway
patrol retirement system of such payment by the member of the
fund, the state highway patrol retirement board shall pay from
the employer's accumulation fund under division (C) of section
5505.03 of the Revised Code to the police and firemen's
disability and pension fund an amount equal to the payment of the
member of the fund.
Sec. 742.376. A member of the fund who is in the active
service of a police or fire department and is not receiving a
pension or benefit payment from the police and firemen's
disability and pension fund shall, in computing years of active
service in such department under division (C) of section 742.37 OR
SECTION 742.39 of the Revised Code, be given full credit for
service as a
full-time policeman POLICE OFFICER or fireman
FIREFIGHTER, provided that all of the
following occur:
(A) Such service was rendered prior to January 1, 1967.
(B) The municipal corporation or township, at the time
such service was rendered, had not established a police or
firemen's relief and pension fund to which
the member could
otherwise have made pension contributions.
(C) The member was enrolled in the public employees
retirement system, contributed thereto, and has withdrawn his THE MEMBER'S
retirement contributions.
(D) The member pays into the police and firemen's
disability and pension fund the amount withdrawn by him THE MEMBER from the
public employees retirement system, with interest compounded
annually thereon at a rate to be determined by the board from the
date of such withdrawal to the date of deposit. The member may
choose to purchase only part of such credit in any one payment,
subject to board rules.
Purchase of such credit in the police and firemen's
disability and pension fund shall forever bar the member from
reinstating such credit in the public employees retirement
system.
Sec. 742.378. On and after December 19, 1973, all persons who retired and
were eligible to receive a pension that was first payable on or after July 1,
1968, and prior to July 1, 1971, pursuant to division (B) of section 742.37 of
the Revised Code and all persons who qualified for a payment under
divisions DIVISION
(C)(1) to (5) of such section OR DIVISION (C)(2), (3), (4),
OR (5) OF FORMER SECTION 742.37 of the Revised Code shall receive
an additional monthly payment of
two dollars for each year between the member's effective date of retirement or
disability and July 1, 1973.
This section does not apply to persons included under division
(H)(2)(5) of section 742.37 of the Revised Code.
Sec. 742.379. (A) As used in this section:
(1) "Full-time service" has the meaning established by
rule of the board of trustees of the police and firemen's
disability and pension fund.
(2) "Qualified contributions" means contributions to the
public employees retirement system, SCHOOL EMPLOYEES RETIREMENT
SYSTEM, OR STATE TEACHERS RETIREMENT SYSTEM attributable to full-time
service or purchase of credit for service in the armed forces of the
United States.
(B) A member of
IN COMPUTING THE PENSION AND BENEFITS PAYABLE UNDER
SECTION 742.37 OR 742.39 OF THE
REVISED
CODE,
the police and firemen's disability and pension fund
SHALL GIVE A MEMBER OF THE FUND who is in the active service of a
police or fire department and is not receiving a pension or
benefit payment from the fund shall, in computing years of active service
in
the
department under division (C) of section 742.37 of the Revised
Code, be given full credit for service credit earned for
full-time service as a member of the school employees retirement
system, state teachers retirement system, or Cincinnati
retirement system or purchased from a THE retirement system for
service in the
armed forces of the United States if, for each year of
service credit, the member pays into the fund RECEIVES the
SUM OF THE FOLLOWING:
(1) AN amount, WHICH SHALL BE PAID BY THE MEMBER, EQUAL TO
THE AMOUNT withdrawn by
the member
from the retirement system that is attributable to the year of
service credit, with interest compounded annually thereon
at a rate to be determined by the board IN ACCORDANCE WITH
DIVISION (G) OF THIS SECTION from the date of
withdrawal to the date of payment;
(2) AN AMOUNT, WHICH SHALL BE PAID BY EITHER THE MEMBER
OR THE RETIREMENT SYSTEM, EQUAL TO THE LESSER OF THE AMOUNT
CONTRIBUTED BY THE EMPLOYER TO THE RETIREMENT SYSTEM FOR THE
YEAR OF SERVICE OR THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED
BY THE EMPLOYER FOR THE YEAR OF SERVICE HAD THE MEMBER BEEN A
MEMBER OF THE FUND;
(3) EFFECTIVE ONE YEAR AFTER
THE EFFECTIVE DATE OF THIS AMENDMENT, THE AMOUNT, WHICH SHALL BE
PAID BY THE MEMBER, DETERMINED PURSUANT TO DIVISION
(H) OF THIS SECTION.
(C) A (1) IN COMPUTING THE PENSION AND BENEFITS PAYABLE
UNDER
SECTION 742.37 OR 742.39 OF THE
REVISED
CODE, THE FUND SHALL GIVE A
member of the fund who is in the active service of a
police or fire department and, is not receiving a pension or
benefit payment from the fund shall, in computing years of active
service in the department under division (C) of section 742.37 of
the Revised Code, be given, AND HAS WITHDRAWN THE MEMBER'S
CONTRIBUTIONS FROM THE PUBLIC EMPLOYEES RETIREMENT SYSTEM,
SCHOOL EMPLOYEES RETIREMENT SYSTEM, OR STATE TEACHERS RETIREMENT
SYSTEM
full credit for service credit earned
for full-time service as a member of the public employees
retirement system, SCHOOL EMPLOYEES RETIREMENT SYSTEM, OR STATE
TEACHERS RETIREMENT SYSTEM or purchased from the ONE OF
THOSE retirement system SYSTEMS for service in
the armed forces of the United States if one of the
following occurs:
(1) For, FOR each year of service, THE FUND RECEIVES
THE SUM OF THE FOLLOWING:
(a) AN AMOUNT, WHICH SHALL BE PAID BY the member pays
into the fund, EQUAL TO the amount withdrawn by the member
from the
public
employees FORMER retirement system that is attributable to that
year of
service credit, with interest compounded annually thereon at a
rate to be determined by the board from the date of
withdrawal to the date of payment;
(b) AN AMOUNT, WHICH SHALL BE
TRANSFERRED BY THE FORMER RETIREMENT SYSTEM, EQUAL TO THE LESSER
OF THE AMOUNT CONTRIBUTED BY THE EMPLOYER TO THE RETIREMENT
SYSTEM FOR THE YEAR OF SERVICE OR THE AMOUNT THAT WOULD HAVE
BEEN CONTRIBUTED BY THE EMPLOYER FOR THE YEAR OF SERVICE HAD THE
MEMBER BEEN A MEMBER OF THE FUND, WITH INTEREST ON THE AMOUNT
TRANSFERRED FROM THE LAST DAY
OF THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH
MILITARY SERVICE CREDIT WAS PURCHASED OR OBTAINED
TO THE
DATE THE TRANSFER IS MADE.
(c) EFFECTIVE ONE YEAR
AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THE
AMOUNT, WHICH SHALL BE PAID BY THE MEMBER, DETERMINED PURSUANT
TO DIVISION (H) OF THIS
SECTION.
ON RECEIPT OF PAYMENT FROM THE MEMBER, THE FUND SHALL
NOTIFY THE FORMER RETIREMENT SYSTEM, AND ON RECEIPT OF THE
NOTICE, THE RETIREMENT SYSTEM SHALL MAKE THE TRANSFER. INTEREST
SHALL BE DETERMINED IN ACCORDANCE WITH DIVISION
(G) OF THIS SECTION.
(2) At the request of the member of the fund, the public
employees
IN COMPUTING THE PENSION AND BENEFITS PAYABLE UNDER
SECTION 742.37 OR 742.39 OF THE
REVISED
CODE, THE FUND SHALL GIVE A
MEMBER OF THE FUND WHO IS IN THE ACTIVE SERVICE OF A POLICE OR
FIRE DEPARTMENT, IS NOT RECEIVING A PENSION OR BENEFIT FROM THE
FUND, AND HAS CONTRIBUTIONS ON DEPOSIT WITH THE PUBLIC EMPLOYEES
RETIREMENT SYSTEM, SCHOOL EMPLOYEES RETIREMENT SYSTEM, OR STATE
TEACHERS RETIREMENT SYSTEM FULL CREDIT FOR SERVICE CREDIT EARNED
FOR FULL-TIME SERVICE AS A MEMBER OF ONE OF THOSE RETIREMENT
SYSTEMS OR PURCHASED FROM ONE OF THE RETIREMENT SYSTEMS FOR
SERVICE IN THE ARMED FORCES OF THE
UNITED STATES IF THE FOLLOWING
OCCUR:
(a) THE
retirement system transfers to the fund an, FOR EACH YEAR OF
SERVICE, THE SUM OF
THE FOLLOWING:
(i) AN amount equal
to the member's qualified contributions with interest compounded
annually thereon for the period from the date that the last such
contribution was made to the date the payment is made. The
interest shall be at the actuarial assumption rate of the system
at the time the transfer is made;
(ii) AN AMOUNT EQUAL TO THE LESSER
OF THE EMPLOYER'S QUALIFIED CONTRIBUTIONS TO THE RETIREMENT
SYSTEM OR THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE
EMPLOYER FOR THE FULL-TIME SERVICE HAD THE MEMBER BEEN A MEMBER
OF THE FUND;
(iii) INTEREST, DETERMINED IN
ACCORDANCE WITH DIVISION (G) OF
THIS SECTION, ON THE AMOUNTS SPECIFIED IN DIVISIONS
(C)(2)(a)(i)
AND (ii) OF THIS SECTION FROM THE
LAST DAY
OF THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH
MILITARY SERVICE CREDIT WAS PURCHASED OR OBTAINED
TO THE DATE THE TRANSFER
IS MADE.
(b) EFFECTIVE ONE YEAR
AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THE
MEMBER PAYS THE AMOUNT DETERMINED PURSUANT TO DIVISION
(H) OF THIS SECTION.
ON RECEIPT OF A REQUEST FROM THE MEMBER, THE
APPROPRIATE RETIREMENT SYSTEM SHALL MAKE THE TRANSFER SPECIFIED
IN DIVISION
(C)(2)(a)
OF THIS SECTION. INTEREST SHALL BE DETERMINED IN ACCORDANCE WITH
DIVISION (G) OF THIS
SECTION.
(D) Subject to board rules, a member of the fund may
choose to purchase in any one payment only part of the credit the
member
is eligible to purchase under division (B) or (C)(1) of this
section.
(E) At the request of the fund, the public employees
retirement system, school employees retirement system, state
teachers retirement system, or Cincinnati retirement system shall
certify to the fund a copy of the records of the service,
SALARY, and
contributions of a member of the fund who seeks service credit
under this section.
(F) A member OF THE FUND is ineligible to receive credit under this
section for service that is used in the calculation of any
retirement benefit currently being paid or payable in the future
to the member, or service rendered concurrently with any other
period for which service credit has already been granted.
(G) The
INTEREST CHARGED FOR ANY SERVICE CREDIT OBTAINED UNDER
THIS SECTION SHALL BE CALCULATED SEPARATELY FOR EACH YEAR OF
SERVICE CREDIT AT THE LESSER OF THE ACTUARIAL ASSUMPTION RATE
FOR THAT YEAR OF THE FUND OR OF THE RETIREMENT SYSTEM IN WHICH
THE CREDIT WAS EARNED. THE INTEREST SHALL BE COMPOUNDED
ANNUALLY.
THE board may, by rule, establish procedures for the
receipt of service credit under this section.
(H) THE AMOUNT TO BE PAID PURSUANT TO DIVISION
(B)(3),
(C)(1)(c),
OR
(C)(2)(b)
OF THIS SECTION IS THE SUM OF THE FOLLOWING:
(1) AN AMOUNT EQUAL TO THE DIFFERENCE
BETWEEN THE AMOUNT THE MEMBER PAID AS EMPLOYEE CONTRIBUTIONS FOR
THE SERVICE AND THE AMOUNT THE MEMBER WOULD HAVE PAID AS A
MEMBER OF THE FUND;
(2) AN AMOUNT EQUAL TO THE DIFFERENCE
BETWEEN THE AMOUNT PAID OR TRANSFERRED UNDER DIVISION (B)(2),
(C)(1)(b), OR
(C)(2)(a)(ii)
OF THIS SECTION AND THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE
EMPLOYER FOR THE SERVICE HAD THE MEMBER BEEN A MEMBER OF THE
FUND;
(3) INTEREST, DETERMINED IN ACCORDANCE
WITH DIVISION (G) OF THIS
SECTION, ON THE AMOUNTS SPECIFIED IN DIVISIONS
(H)(1)
AND (2) OF THIS SECTION.
AT THE REQUEST OF A MEMBER, IN LIEU OF REQUIRING
PAYMENT OF ALL OR PART OF THE AMOUNT DETERMINED UNDER THIS
DIVISION THE FUND MAY GRANT THE MEMBER AN AMOUNT OF SERVICE
CREDIT UNDER DIVISION (B) OR
(C)(1) OR (2) OF THIS SECTION
THAT IS LESS THAN THE AMOUNT FOR WHICH THE MEMBER IS ELIGIBLE.
THE SERVICE CREDIT GRANTED SHALL BE THE SAME PERCENTAGE OF THE
SERVICE CREDIT FOR WHICH THE MEMBER IS ELIGIBLE THAT THE AMOUNT
THE FUND RECEIVES UNDER DIVISION
(B) OR
(C)(1) OR (2) OF THIS SECTION IS OF THE TOTAL
AMOUNT IT WOULD RECEIVE UNDER THOSE DIVISIONS IF THE FULL AMOUNT
DETERMINED UNDER THIS DIVISION WAS PAID.
(I) If a MEMBER OR former member of the fund who IS NOT A
CURRENT CONTRIBUTOR AND has not received a refund of
accumulated contributions elects to receive
credit under section 145.295, 3307.412, OR
3309.351 of the Revised Code for service for
which the member contributed to the fund or purchased credit for service in
the armed forces of the United States, the fund shall
transfer to the
public employees retirement system an, SCHOOL EMPLOYEES
RETIREMENT SYSTEM, OR STATE TEACHERS RETIREMENT SYSTEM THE amount equal
to the
member's accumulated contributions and payments for credit for service in
the armed forces of the United States with interest
compounded
annually thereon from the date the
last contribution was made to
the date the transfer is made. The interest shall be at the
actuarial assumption rate of the fund at the time the transfer is
made.
(I)(1) If a former member of the fund who has received a refund
pursuant to division (I) of former
section 521.11, 741.18, or 741.49 of the Revised Code or division
(G) of section 742.37 of the Revised Code elects to receive
credit under section 145.295 of the Revised
Code for service for which the former member contributed to
the fund or purchased credit for service in the armed forces of the
United States, the former
member shall repay the
fund the
amount refunded, with interest compounded
annually thereon
as follows:
(a) From the date of the refund to the date of the
repayment to the fund in the case of a former member who had not purchased
credit for
the service under former division (A)(1) of section 145.295 of the Revised
Code as
it existed before August 25, 1995;
(b) In the case of a former member who had used the entire amount
of the refund to purchase credit for
the service under former division (A)(1) of
section 145.295 of the Revised Code as
it existed before August 25, 1995, from the date of the refund to the
date of such purchase;
(c) In the case of a former member who had purchased credit for
the service under former division (A)(1) of
section 145.295 of the Revised
Code, as it existed before
August 25, 1995, using only a portion of the
refund amount, from the date of the refund
to the date of the purchase for the portion of the
refund used for that purchase and from the date of the refund to the date of
repayment under division (I)(1) of this
section for the portion of the refund not used for that purchase.
The interest
shall be at the actuarial assumption rate of the fund at the time
of repayment or purchase, as applicable.
(2) Upon receipt of the repayment, the fund shall
immediately transfer to the public employees retirement system
an
amount equal to the former member's accumulated
contributions and payments for credit for service in the armed forces of
the United States, with interest compounded
annually
thereon as follows:
(a) From the date the last contribution
was made to the police and firemen's disability and pension fund to the
date the transfer is made in the case of a former member
who had not purchased credit for the service under former division
(A)(1) of section 145.295 of the Revised Code as it existed before August
25, 1995;
(b) In the case of a former member who had used the entire amount
of the refund to purchase credit for
the service under former division (A)(1) of
section 145.295 of the Revised Code as
it existed before August 25, 1995, from the date the last
contribution was made to the police and firemen's disability and pension fund
to the date of such purchase;
(c) In the case of a former member who had purchased credit for
the service under former division (A)(1) of
section 145.295 of the Revised
Code, as it existed before
August 25, 1995, using only a portion of the
refund amount, from the date the last contribution was made to the police and
firemen's disability and pension fund to the date of the purchase for the
portion of the refund used for that purchase and from the date the last
contribution was made to the date of transfer
for the portion of the refund not used for that purchase.
The interest shall be
at the actuarial assumption rate of the fund at the time
of transfer or at the time of purchase
under that former division, as applicable.
The fund shall certify to the public employees
retirement system a copy of the records of the former
member's service and
contributions.
A former member of the fund who makes the repayment required under this
division does not thereby become a
member of the fund or have any of the rights, privileges, or
obligations of membership
SPECIFIED IN DIVISION (A)
OF SECTION 145.295 OF THE
REVISED CODE, DIVISION
(A) OF SECTION 3307.412 OF THE
REVISED CODE, OR DIVISION
(A) OF SECTION 3309.351 OF THE
REVISED CODE.
Sec. 742.3711. (A) On application for retirement as
provided in section 742.37 of the Revised Code, a member of the
fund may elect to receive a retirement allowance payable
throughout the member's life, or may elect, on a
form
provided by the
board, to receive the actuarial equivalent of the member's
retirement
allowance in a lesser amount payable for life and continuing
after death to a surviving designated beneficiary under one
of the following optional plans, provided the amount payable to
the beneficiary shall not exceed the amount payable to the
retiring member of the fund, and 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.
(1) Option 1. The member's lesser retirement allowance
shall
be paid for life to the sole beneficiary designated at the
time of the member's retirement.
(2) Option 2. One-half or some other portion of the
member's
lesser retirement allowance shall be paid for life to the
sole
beneficiary designated at the time of the member's
retirement.
(3) Option 3. Upon the member's death before the
expiration of a
certain period from the retirement date and elected by the
member and
approved by the retirement board, the member's lesser
retirement allowance shall be continued for the remainder of
that period to the
beneficiary the member has nominated by written designation
and filed
with the retirement board.
Should the nominated beneficiary designated in writing
become deceased prior to the expiration of the guarantee period,
then for the purpose of completing payment for the remainder of
the guarantee period, the present value of such payments shall be
paid to the estate of the beneficiary last receiving.
(B)(1) On or after February 28, 1980, the death of a
spouse nominated as beneficiary or the death of any other
nominated beneficiary following retirement shall cancel any
optional plan of payment to provide continuing lifetime benefits
to such nominated beneficiary and return the member of the fund
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) Following marriage or remarriage, a member of the fund
may elect NOT LATER THAN ONE YEAR AFTER THE DATE OF MARRIAGE OR
REMARRIAGE a new optional plan of payment based on the 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 the first day of the
month following an application of ON THE DATE THE ELECTION IS MADE
ON a form approved by the board.
(D) Unless one of the following occurs, an application for
retirement by a married person shall be considered an election of
a benefit under option 2 as provided for in division (A)(2) of
this section under which one-half of the lesser retirement
allowance payable during the life of the retirant will be paid
after death to the retirant's spouse for life as
sole beneficiary:
(1) The retirant selects an optional plan under division
(A) of this section providing for payment after death to
the retirant's
spouse for life as sole beneficiary of more than one-half of the
lesser retirement allowance payable during the life of the
retirant;
(2) The retirant submits to the retirement board a written
statement signed by the spouse attesting that the spouse is aware
that the retirant has elected to receive a single lifetime
retirement allowance or a payment under an optional benefit plan
under which after the death of the retirant the surviving spouse
will receive less than one-half of the lesser retirement
allowance payable during the life of the retirant.
If the retirant does not select an optional plan as
described in division (D)(1) of this section and the board does
not receive the written statement provided for in division (D)(2)
of this section, it shall determine and pay the retirement
allowance in accordance with division (A)(2) of this section,
except that the board may provide by rule for waiver by the board
of the statement and payment of the allowance other than in
accordance with division (A)(2) of this section if the retirant
is unable to obtain the statement due to absence or incapacity of
the spouse or other cause specified by the board.
(E) A member of the fund who has elected an optional plan
under this section or section 742.3715 of the Revised Code may,
with the consent of the designated beneficiary, cancel the
optional plan and receive the retirement allowance payable
throughout life the member would have received had
the member not elected the
optional plan, if the member makes a request to cancel the
optional plan
not later than one year after the later of September 9, 1988, or
the date on which the member first receives a payment under this
section or section 742.3715 of the Revised Code. Cancellation of
the optional plan shall be effective the month after acceptance
of the request by the trustees of the fund. No payment or
adjustment shall be made in the retirement allowance payable
throughout the member's life to compensate for the lesser
allowance the member received under the optional plan.
The request to cancel the optional plan shall be made on a
form provided by the fund and shall be valid only if the
completed form includes a signed statement of the designated
beneficiary's understanding of and consent to the cancellation. The signature
shall be verified by the trustees of the fund prior
to their acceptance of the cancellation.
(F) Any option elected and payments made under this
section shall be in addition to any benefit payable under
divisions (D), (E), and (F) of section 742.37 of the Revised
Code.
(G)(1) Except as otherwise provided in this division, a
person is eligible to receive an additional benefit under this
division if the person is receiving a retirement allowance or
benefit
under an optional plan elected under this section or section
742.3715 of the Revised Code based on an award made prior to July
24, 1986, and it is the case that, had the member who elected the
optional plan elected instead to receive a retirement allowance
payable throughout the member's life, the amount of that
retirement
allowance would be less than the amount specified in division
(G)(2) of this section. A person is not eligible to receive an
additional benefit under this section if the person 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.
(2) In 1988, the amount used to determine eligibility
under division (G)(1) of this section shall be eighteen thousand
dollars. Each year thereafter, the amount shall be the prior
year's amount plus five hundred dollars.
(3) 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-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 division (G)(3) of this section is an increase, the
board shall increase all benefits
payable under this section or section 742.3715 of the Revised
Code to eligible persons by the actuarial equivalent of an amount determined
by multiplying
twelve thousand dollars by the percentage of the increase in the consumer
price index, or that percentage plus the accumulation, except that
the percentage shall not exceed three per cent and no benefit 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.
Any percentage of change in the consumer price index in any
year that is in excess of three per cent shall be accumulated and
used to determine increases under this
section in succeeding years. Any percentage of
change in the consumer price index accumulated by an
eligible person prior to the effective date of this amendment
SEPTEMBER 27, 1996, shall be used in
determining any future increases under this section. The
first additional benefit is payable to all eligible
persons on July 1, 1988. The additional benefit 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 additional benefit payable under this
section shall be the anniversary date for future additional
benefits.
Sec. 742.3713. (A) On and after the effective date of
this section NOVEMBER 15, 1981, a member
of the police and firemen's disability and pension fund who is
receiving a pension or benefit effective prior to
February 28, 1980, under either division (A), (B), or (C)(1)
to (7) of section 742.37 OR DIVISION (C)(2), (3), (4), OR (5)
OF FORMER SECTION 742.37 of the Revised Code shall have such
pension or benefit increased by forty-six 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 (A), (B), or (C) of section 742.37 of the
Revised Code based on volunteer or part-time service.
(B) Each surviving spouse who on the effective date of this
section NOVEMBER 15, 1981, is receiving a pension
pursuant to division (D) of section 742.37 of the Revised Code as
it was in effect prior to the effective date of this section
SUCH DATE shall have the monthly pension increased forty-six dollars.
Sec. 742.3714. As used in this section, "contingent
dependent beneficiary" means a person so designated pursuant to
this section by a member or former member of the police and
firemen's disability and pension fund.
Prior to retiring under section 742.37 of the Revised Code,
a member or former member of the fund who is, or within twelve
months will be, eligible to retire and receive a pension or
benefit under division (C)(1) or (7)(3) of section 742.37 of
the
Revised Code may designate one dependent, not his THE MEMBER'S OR
FORMER MEMBER'S spouse, as his THE contingent dependent
beneficiary. The determination of what
constitutes a dependent for the purposes of this section shall be
made by the board of trustees of the fund in accordance with
rules adopted pursuant to this section. The designation shall be
made on a form provided by the board and shall be filed with the
board. The designation may be changed or withdrawn in accordance
with rules adopted by the board pursuant to this section. The
designation shall be used only for the purposes of this section
and shall cease to have effect if the member or former member
retires under section 742.37 of the Revised Code, or dies prior
to retirement and is survived by his A spouse. The board shall
annually inform members and eligible former members of the fund
of the right to designate a contingent dependent beneficiary
under this section.
In addition to any other pension, allowance, or benefit
payable under this chapter, the surviving spouse of a deceased
member or former member of the fund who at the time of his THE
MEMBER'S OR FORMER MEMBER'S death was eligible to retire and receive a
pension or benefit under
division (C)(1) or (7)(3) of section 742.37 of the Revised
Code, but
had not retired, shall receive an annual retirement allowance
under this section, payable in twelve monthly installments. If
on the date of death of the member or former member there is no
surviving spouse, the allowance shall be paid to the contingent
dependent beneficiary. If on such date there is no surviving
spouse and no person designated as a contingent dependent
beneficiary who is determined by the board of trustees to be a
dependent of the member or former member, no allowance or benefit
shall be paid under this section.
The allowance paid under this section shall be an amount
equal to the amount the surviving spouse or contingent dependent
beneficiary would have been entitled to receive had the member or
former member retired effective the day following the date of
death having selected an option 2 plan under division (A)(2) of
section 742.3711 of the Revised Code providing for one-half of
his THE MEMBER'S OR FORMER MEMBER'S lesser retirement allowance
to be paid to the surviving
spouse or contingent dependent beneficiary. Payments under this
section are payable effective the first day of the first month
following the death of the member or former member of the fund.
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 his THE MEMBER'S retirement
allowance in a lesser
amount payable for the remainder of his THE MEMBER'S life and
continuing after his death to his 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 to be the
actuarial equivalent of his 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 he 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) 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 he 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)(1) The death of the member's spouse shall cancel any
plan elected pursuant to this section and return the member to
his 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
his death for the lifetime of his 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 his 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) If the member remarries after cancellation under
division (B)(1) or (2) of this section of an optional plan, he THE
MEMBER may elect NOT LATER THAN ONE YEAR AFTER THE DATE OF
REMARRIAGE a new optional plan based on the acturial equivalent of
his THE MEMBER'S single lifetime benefit as determined by the
board. Such THE
plan AND THE MEMBER'S LESSER RETIREMENT ALLOWANCE shall become
effective ON the first day of
the month following
approval DATE THE ELECTION IS MADE ON A FORM APPROVED by the board.
(D) 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. 742.3716. (A) As used in this section:
(1) "Eligible person" means a person who meets all of the
following conditions:
(a) Has been receiving a pension or benefit under this
chapter for one year or more based on an award made on or after
July 24, 1986;
(b) Has not made the election provided for in division (B)
of this section;
(c) Is not the spouse or survivor of a person who has made
the election provided for in division (B) of this section;
(d) Is receiving a benefit in accordance with division
(A), (B), or (C)(1) to (7) of section 742.37 or,
DIVISION (C)(2), (3), (4), OR (5) OF FORMER SECTION
742.37, section 742.3711, OR SECTION 742.39 of
the Revised Code.
(2) "Recalculated average annual salary" means the highest
average annual compensation of a member of the police and
firemen's disability and pension fund during any three years of
contributions, including amounts included in terminal pay
attributable to such three years, determined by dividing the
member's total earnings as an employee during such years by
three.
(B)(1) Notwithstanding section 742.37 OR 742.39 of the
Revised Code,
a member of the fund who is not receiving a pension or benefit
under this chapter and who on January 1, 1989, has completed
fifteen or more years of active service in a police or fire
department may elect to have any future benefit or pension paid
to the member or the member's spouse or
survivors under this chapter calculated
on the basis of the member's recalculated average annual
salary rather
than the member's average annual salary. The election shall
be made by
the member prior to or at the time of making an election under
section 742.3711 of the Revised Code.
(2) If the member eligible to make the election under
division (B)(1) of this section dies prior to making the election
and at the time of death is eligible to retire and receive a
pension or benefit under division (C)(1) or (7)(3) of section
742.37
of the Revised Code, the person entitled to receive a benefit
under section 742.3714 of the Revised Code may make the election
provided for in division (B)(1) of this section.
(3) The election under division (B)(1) or (2) of this
section shall be made on forms provided by the trustees of the
fund. Once received by the fund, the election shall be
irrevocable and shall bind the member and any other person who
receives a pension or benefit based on the member's service. No
person who receives a pension or benefit calculated in accordance
with division (B) of this section is eligible to receive a
cost-of-living allowance under this section. If the person
making the election receives a benefit under section 742.3714 of
the Revised Code, that person is not eligible to receive a
cost-of-living allowance under section 742.3711 of the Revised
Code.
(C)(1) On or before the fifteenth 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-month
period prior to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a
determination by the board that such change is
an
increase or that the change plus the accumulation
described in division (C)(2) of this section is an increase, the
board shall increase all benefits
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
benefit 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.
(2) Any percentage of change in the consumer price index in
any
year that is in excess of three per cent shall be accumulated and
used to determine increases under this
section in succeeding years. Any percentage of
change in the consumer price index accumulated by an
eligible person prior to the effective date of this amendment
SEPTEMBER 27, 1996, shall be used in
determining any future increases under this section. The
first additional benefit is payable to all eligible
persons who on July 1, 1988, have been receiving a pension or
benefit for twelve months or longer. The additional benefit 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 additional benefit paid under this
section shall be the anniversary date for future additional
benefits. The pension or benefit used in the first calculation
of an additional benefit under this section shall remain as the
base for all future additional benefits paid under this section,
unless a new base is established by law.
(3) Additional benefits paid in years subsequent to the year of
the first additional benefit paid under this section shall be
paid to all eligible persons who, on the date that the additional
benefit is authorized by the board, have been receiving a pension
or benefit for twelve months.
Sec. 742.3717. (A)(1) Except as provided in
division (A)(2) of this section, as used in this
section, "eligible retirant" means
a person who meets all of the following conditions:
(a) The person is receiving an annual pension or benefit
under division (A), (B), or (C)(1) to (7) of section 742.37 OR
DIVISION (C)(2), (3), (4), OR (5) OF FORMER SECTION
742.37, of the Revised Code based on an award made prior to July 24,
1986.
(b) The person has not elected under section 742.3711 of
the Revised Code to receive a retirement allowance under an
optional benefit plan.
(c) The amount of the annual pension or benefit is less
than the amount specified in division (B) of this section.
(2) A person is not an eligible retirant if the person 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) In 1988, the amount used to determine eligibility
under division (A)(1)(c) of this section shall be eighteen
thousand dollars. Each year thereafter, the amount shall be the
prior year's amount plus five hundred dollars.
(C)(1) 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-month
period prior to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a
determination by the board that this change is
an
increase or that the change plus the accumulation
described in division (C)(2) of this section is an increase, the
board shall increase all benefits
payable to eligible persons by
an amount determined by multiplying twelve thousand dollars by the
percentage of the increase in the consumer price index, or that percentage
plus the accumulation, except that the percentage shall not exceed
three per cent and no benefit 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.
(2) Any percentage of change in the consumer price index in any
year that is in excess of three per cent shall be accumulated and
used to determine increases under this
section in succeeding years. Any percentage of
change in the consumer price index accumulated by an
eligible person prior to the effective date of this amendment
SEPTEMBER 27, 1996, shall be used in
determining any future increases under this section. The
first additional benefit is payable to all eligible
retirants on July 1, 1988. The additional benefit 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 additional benefit payable under this
section shall be the anniversary date for future additional
benefits.
Sec. 742.3718. (A) Except as otherwise provided in this
division, each person who on the effective date of this section
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 or, under division (C)(1), (2), or
(5) 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.
Sec. 742.3719. Whenever the limits established by section
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A. 415, as amended, are raised, the trustees of the police
and firemen's disability and pension fund
shall increase the amount of the pension, benefit, or allowance of any person
whose pension, benefit, or allowance payable under section 742.37,
742.3716, or 742.3717, OR 742.39 of the Revised
Code was limited by the
application of section 415. The amount of the increased pension,
benefit, or allowance shall not exceed the lesser of the amount
the person would have received if the limits established by
section 415 had not been applied or the amount the person is
eligible to receive subject to the new limits established by
section 415.
Sec. 742.38. (A)(1) THE
BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY AND
PENSION FUND SHALL ADOPT RULES ESTABLISHING MINIMUM MEDICAL TESTING AND
DIAGNOSTIC
STANDARDS OR PROCEDURES TO BE INCORPORATED INTO PHYSICAL EXAMINATIONS
ADMINISTERED BY PHYSICIANS
TO PROSPECTIVE
MEMBERS OF THE FUND. THE STANDARDS OR PROCEDURES SHALL INCLUDE DIAGNOSIS AND
EVALUATION OF THE EXISTENCE OF ANY HEART DISEASE,
CARDIOVASCULAR DISEASE, OR RESPIRATORY DISEASE. THE
RULES SHALL SPECIFY THE FORM OF THE PHYSICIAN'S REPORT AND THE
INFORMATION TO BE INCLUDED IN IT.
THE BOARD SHALL NOTIFY ALL EMPLOYERS OF THE ESTABLISHMENT OF THE MINIMUM
STANDARDS OR PROCEDURES AND SHALL INCLUDE WITH THE NOTICE A COPY OF THE
STANDARDS OR PROCEDURES. THE
BOARD SHALL NOTIFY ALL EMPLOYERS OF ANY CHANGES MADE TO THE STANDARDS OR
PROCEDURES. ONCE
THE STANDARDS OR PROCEDURES TAKE EFFECT,
EMPLOYERS SHALL CAUSE EACH PROSPECTIVE MEMBER OF THE FUND TO SUBMIT TO A
PHYSICAL EXAMINATION THAT INCORPORATES THE STANDARDS OR PROCEDURES.
(2) DIVISION (A)(2) OF
THIS SECTION APPLIES TO AN EMPLOYEE WHO BECOMES A MEMBER OF THE
FUND ON OR AFTER THE DATE THE MINIMUM STANDARDS OR PROCEDURES
DESCRIBED IN DIVISION (A)(1) OF
THIS SECTION TAKE EFFECT. NOT LATER THAN THIRTY DAYS AFTER SUCH AN EMPLOYEE
BECOMES A MEMBER OF THE FUND, THE EMPLOYER SHALL
FORWARD TO THE BOARD A COPY OF THE PHYSICIAN'S REPORT OF A
PHYSICAL EXAMINATION THAT INCORPORATES THE STANDARDS OR
PROCEDURES DESCRIBED IN DIVISION
(A)(1) OF THIS SECTION. IF AN
EMPLOYER FAILS TO FORWARD THE REPORT, THE BOARD SHALL ASSESS
AGAINST THE EMPLOYER A FINE OF ONE HUNDRED DOLLARS PER DAY,
BEGINNING WITH THE FIRST DAY AFTER THE DATE THE REPORT IS DUE
AND ENDING ON THE LAST DAY PRIOR TO THE DATE THE REPORT IS
RECEIVED BY THE BOARD. ANY AMOUNT DUE FROM AN EMPLOYER UNDER
DIVISION (A)(2) OF THIS SECTION
MAY BE COLLECTED FROM THE COUNTY AUDITOR IN THE SAME MANNER AS
IS PROVIDED IN SECTION 742.35 OF THE
REVISED CODE.
(B) APPLICATION FOR A DISABILITY BENEFIT MAY BE MADE BY A
MEMBER OF THE FUND, BY A PERSON ACTING ON THE MEMBER'S BEHALF,
OR BY THE MEMBER'S EMPLOYER. NOT LATER THAN FOURTEEN DAYS AFTER RECEIVING
AN APPLICATION FOR A DISABILITY BENEFIT FROM A MEMBER OR A PERSON
ACTING ON BEHALF OF A MEMBER, THE BOARD SHALL NOTIFY THE
MEMBER'S EMPLOYER THAT AN APPLICATION HAS BEEN FILED. THE
NOTICE SHALL STATE THE MEMBER'S NAME AND SOCIAL SECURITY NUMBER. NOT
LATER THAN TWENTY-EIGHT DAYS AFTER RECEIVING THE NOTICE OR
FILING AN APPLICATION ON BEHALF OF A MEMBER, THE EMPLOYER SHALL
FORWARD TO THE BOARD A STATEMENT CERTIFYING THE MEMBER'S JOB
DESCRIPTION AND ANY OTHER INFORMATION REQUIRED BY THE BOARD TO
PROCESS THE APPLICATION.
IF THE MEMBER APPLYING FOR A
DISABILITY BENEFIT BECOMES A MEMBER OF THE FUND PRIOR TO THE DATE
THE MINIMUM STANDARDS OR PROCEDURES DESCRIBED IN DIVISION
(A)(1) OF THIS SECTION TAKE
EFFECT, THE BOARD MAY REQUEST FROM THE MEMBER'S EMPLOYER A COPY
OF THE PHYSICIAN'S REPORT OF THE MEMBER'S PHYSICAL EXAMINATION
TAKEN ON ENTRY INTO THE POLICE OR FIRE DEPARTMENT. NOT LATER
THAN TWENTY-EIGHT DAYS AFTER RECEIVING A REQUEST FROM THE BOARD,
THE EMPLOYER SHALL FORWARD A COPY OF THE REPORT OR, IF THE
EMPLOYER DOES NOT HAVE A COPY OF THE REPORT, A WRITTEN STATEMENT
CERTIFYING THAT THE EMPLOYER DOES NOT HAVE A COPY OF THE REPORT.
IF AN EMPLOYER FAILS TO FORWARD THE REPORT OR STATEMENT, THE
BOARD SHALL ASSESS AGAINST THE EMPLOYER A FINE OF ONE HUNDRED
DOLLARS PER DAY, BEGINNING WITH THE FIRST DAY AFTER THE DATE THE
REPORT OR STATEMENT IS DUE AND ENDING ON THE LAST DAY PRIOR TO
THE DATE THE REPORT OR STATEMENT IS RECEIVED BY THE BOARD. ANY
AMOUNT DUE FROM AN EMPLOYER UNDER THIS DIVISION MAY BE
COLLECTED FROM THE COUNTY AUDITOR IN THE SAME MANNER AS IS PROVIDED
IN SECTION 742.35 OF THE REVISED CODE. THE BOARD SHALL
MAINTAIN THE INFORMATION SUBMITTED UNDER THIS DIVISION AND DIVISION
(A)(2) OF THIS SECTION IN THE MEMBER'S
FILE.
(C) FOR PURPOSES OF
DETERMINING UNDER DIVISION (D) OF THIS SECTION WHETHER A MEMBER OF
THE FUND IS DISABLED,
THE BOARD SHALL ADOPT RULES ESTABLISHING OBJECTIVE CRITERIA
UNDER WHICH THE BOARD SHALL MAKE THE DETERMINATION. THE
RULES SHALL INCLUDE STANDARDS THAT PROVIDE FOR ALL OF THE
FOLLOWING:
(1) EVALUATING A MEMBER'S ILLNESS OR INJURY ON
WHICH AN APPLICATION FOR DISABILITY BENEFITS IS BASED;
(2) DEFINING THE OCCUPATIONAL DUTIES OF A POLICE OFFICER
OR FIREFIGHTER;
(3) PROVIDING FOR THE BOARD
TO ASSIGN COMPETENT AND DISINTERESTED PHYSICIANS AND
VOCATIONAL EVALUATORS TO CONDUCT EXAMINATIONS OF A
MEMBER;
(4) REQUIRING A WRITTEN
REPORT FOR EACH DISABILITY APPLICATION THAT
INCLUDES A SUMMARY OF FINDINGS, MEDICAL OPINIONS,
INCLUDING AN OPINION ON WHETHER THE ILLNESS OR INJURY UPON WHICH
THE MEMBER'S APPLICATION FOR DISABILITY BENEFITS IS BASED WAS
CAUSED OR INDUCED BY THE ACTUAL PERFORMANCE OF THE MEMBER'S
OFFICIAL DUTIES, AND ANY RECOMMENDATIONS OR COMMENTS BASED ON
THE MEDICAL OPINIONS;
(5) PROVIDING FOR THE BOARD TO CONSIDER THE MEMBER'S
POTENTIAL FOR RETRAINING OR REEMPLOYMENT.
(D) THIS DIVISION DOES
NOT APPLY TO MEMBERS OF THE FUND WHO HAVE ELECTED TO RECEIVE
BENEFITS AND PENSIONS IN ACCORDANCE WITH DIVISION
(A) OR
(B) OF SECTION 742.37 of the Revised Code OR FROM A POLICE RELIEF
AND PENSION FUND OR A FIREMEN'S RELIEF AND PENSION FUND IN
ACCORDANCE WITH THE RULES OF THAT FUND IN FORCE ON
APRIL 1, 1947.
(1) AS USED IN DIVISION
(D)(1) OF THIS SECTION:
(a) "TOTALLY DISABLED" MEANS A MEMBER
OF THE FUND IS UNABLE TO PERFORM THE DUTIES OF ANY GAINFUL
OCCUPATION FOR WHICH THE MEMBER IS REASONABLY FITTED BY
TRAINING, EXPERIENCE, AND ACCOMPLISHMENTS. ABSOLUTE
HELPLESSNESS IS NOT A PREREQUISITE OF BEING TOTALLY
DISABLED.
(b) "PERMANENTLY DISABLED" MEANS A
CONDITION OF DISABILITY FROM WHICH THERE IS NO PRESENT
INDICATION OF RECOVERY.
A MEMBER OF THE FUND WHO IS PERMANENTLY AND TOTALLY
DISABLED AS THE RESULT OF THE PERFORMANCE OF THE MEMBER'S
OFFICIAL DUTIES AS A MEMBER OF A POLICE OR FIRE DEPARTMENT SHALL
BE PAID ANNUAL DISABILITY BENEFITS IN ACCORDANCE WITH DIVISION
(A) OF SECTION 742.39 of the Revised Code. IN DETERMINING WHETHER A
MEMBER OF THE FUND IS PERMANENTLY AND TOTALLY DISABLED, THE BOARD SHALL
CONSIDER STANDARDS ADOPTED UNDER DIVISION (C) OF THIS SECTION
APPLICABLE TO THE DETERMINATION.
(2) A MEMBER OF THE FUND WHO IS PARTIALLY DISABLED AS THE
RESULT OF THE PERFORMANCE OF THE MEMBER'S OFFICIAL DUTIES AS A
MEMBER OF A POLICE OR FIRE DEPARTMENT SHALL, IF THE DISABILITY PREVENTS THE
MEMBER FROM PERFORMING THOSE DUTIES AND IMPAIRS THE MEMBER'S EARNING CAPACITY,
RECEIVE ANNUAL
DISABILITY BENEFITS IN ACCORDANCE WITH DIVISION
(B) OF SECTION 742.39 of the Revised Code. IN DETERMINING WHETHER A MEMBER OF THE
FUND IS
PARTIALLY DISABLED, THE BOARD SHALL CONSIDER STANDARDS ADOPTED UNDER DIVISION
(C) OF THIS SECTION APPLICABLE TO THE DETERMINATION.
(3) A MEMBER OF THE FUND WHO IS DISABLED AS A RESULT OF HEART DISEASE OR
ANY
CARDIOVASCULAR OR RESPIRATORY DISEASE OF A
CHRONIC NATURE, WHICH DISEASE OR ANY EVIDENCE OF WHICH DISEASE
WAS NOT REVEALED BY THE PHYSICAL EXAMINATION PASSED BY THE
MEMBER ON ENTRY INTO THE DEPARTMENT, IS PRESUMED TO HAVE
INCURRED THE DISEASE WHILE PERFORMING THE MEMBER'S OFFICIAL
DUTIES, UNLESS THE CONTRARY IS SHOWN BY COMPETENT
EVIDENCE.
(4) A MEMBER OF THE FUND WHO HAS COMPLETED FIVE OR MORE
YEARS OF ACTIVE SERVICE IN A POLICE OR FIRE DEPARTMENT AND HAS
INCURRED A DISABILITY NOT CAUSED OR INDUCED BY THE ACTUAL
PERFORMANCE OF THE MEMBER'S OFFICIAL DUTIES AS A MEMBER OF THE
DEPARTMENT, OR BY THE MEMBER'S OWN NEGLIGENCE, SHALL IF THE DISABILITY
PREVENTS THE MEMBER FROM PERFORMING THOSE DUTIES AND IMPAIRS THE MEMBER'S
EARNING CAPACITY, RECEIVE
ANNUAL DISABILITY BENEFITS IN ACCORDANCE WITH DIVISION
(C) OF SECTION 742.39 of the Revised Code. IN DETERMINING WHETHER A MEMBER OF THE
FUND IS
DISABLED,
THE BOARD SHALL CONSIDER STANDARDS ADOPTED UNDER DIVISION
(C) OF THIS SECTION APPLICABLE
TO THE DETERMINATION.
(5) THE BOARD SHALL NOTIFY A MEMBER OF ITS FINAL ACTION
AWARDING A DISABILITY BENEFIT TO THE MEMBER WITHIN THIRTY DAYS
OF THE FINAL ACTION. THE NOTICE SHALL BE SENT BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED. NOT LATER THAN NINETY DAYS
AFTER RECEIPT OF NOTICE FROM THE BOARD, THE MEMBER SHALL ELECT,
ON A FORM PROVIDED BY THE BOARD, EITHER TO ACCEPT OR WAIVE THE
DISABILITY BENEFIT AWARD. IF THE MEMBER ELECTS TO WAIVE THE
DISABILITY BENEFIT AWARD OR FAILS TO MAKE AN ELECTION WITHIN THE
TIME PERIOD, THE AWARD IS RESCINDED. A MEMBER WHO LATER SEEKS A
DISABILITY BENEFIT AWARD SHALL BE REQUIRED TO MAKE A NEW
APPLICATION, WHICH SHALL BE DEALT WITH IN ACCORDANCE WITH THE
PROCEDURES USED FOR ORIGINAL DISABILITY BENEFIT
APPLICATIONS.
A PERSON IS NOT ELIGIBLE TO APPLY FOR OR RECEIVE
DISABILITY BENEFITS UNDER THIS DIVISION, SECTION 742.39 of the Revised Code, OR DIVISION
(C)(2), (3), (4), OR (5) OF
FORMER SECTION 742.37 of the Revised Code UNLESS THE PERSON IS A
MEMBER OF THE FUND ON THE DATE ON WHICH THE APPLICATION FOR
DISABILITY BENEFITS IS SUBMITTED TO THE FUND.
WITH THE EXCEPTION OF PERSONS WHO MAY MAKE APPLICATION FOR INCREASED
BENEFITS AS PROVIDED IN
DIVISION (2) OR (4) OF THIS SECTION OR DIVISION (C)(3) OR (5) OF
FORMER SECTION 742.37 of the Revised Code ON OR AFTER
JULY 24, 1986,
OR PERSONS WHO MAY
MAKE APPLICATION FOR BENEFITS AS PROVIDED IN SECTION 742.26 OF
THE REVISED CODE, NO PERSON RECEIVING A PENSION OR
BENEFIT UNDER THIS SECTION OR DIVISION (C) OF FORMER
SECTION 742.37 OF THE REVISED CODE
MAY APPLY FOR
ANY NEW, CHANGED, OR DIFFERENT BENEFIT.
Sec. 742.381. NOT LATER THAN MARCH 1, 2000, AND EACH
FIRST DAY OF MARCH FOR THE SUCCEEDING FIVE YEARS, THE
BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY AND
PENSION FUND SHALL MAKE AND SUBMIT A REPORT FOR THE PRECEDING
FISCAL YEAR OF THE DISABILITY RETIREMENT EXPERIENCE OF EACH
EMPLOYER. THE REPORT SHALL SPECIFY THE TOTAL NUMBER OF
DISABILITY APPLICATIONS SUBMITTED, THE STATUS OF EACH
APPLICATION AS OF THE LAST DAY OF THE FISCAL YEAR, TOTAL
APPLICATIONS GRANTED OR DENIED, AND THE PERCENTAGE OF DISABILITY
BENEFIT RECIPIENTS TO THE TOTAL NUMBER OF THE EMPLOYER'S
EMPLOYEES WHO ARE MEMBERS OF THE FUND. THE REPORT SHALL BE
SUBMITTED TO THE GOVERNOR, THE
OHIO RETIREMENT STUDY COUNCIL,
AND THE CHAIRPERSONS OF THE STANDING COMMITTEES AND SUBCOMMITTEES OF
THE SENATE AND HOUSE OF REPRESENTATIVES WITH PRIMARY
RESPONSIBILITY FOR RETIREMENT LEGISLATION.
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) 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.
Sec. 742.40. (A) AS
USED IN THIS SECTION, "DISABILITY BENEFIT RECIPIENT" MEANS A
MEMBER OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND
WHO IS RECEIVING A DISABILITY BENEFIT PURSUANT TO DIVISION
(C)(2), (3), (4), OR (5) OF
FORMER SECTION 742.37 of the Revised Code OR PURSUANT TO SECTION 742.38 of the Revised Code.
(B) THE BOARD OF TRUSTEES OF THE POLICE AND FIREMEN'S DISABILITY
AND PENSION FUND SHALL ADOPT RULES REQUIRING A DISABILITY
BENEFIT RECIPIENT, AS A CONDITION OF CONTINUING TO RECEIVE
A DISABILITY BENEFIT, TO AGREE IN WRITING TO OBTAIN ANY MEDICAL
TREATMENT RECOMMENDED BY THE BOARD'S PHYSICIAN OR PHYSICIANS AND SUBMIT
MEDICAL REPORTS REGARDING THE TREATMENT.
IF THE BOARD DETERMINES THAT A DISABILITY BENEFIT RECIPIENT IS NOT
OBTAINING THE MEDICAL TREATMENT OR THE BOARD DOES NOT RECEIVE A REQUIRED
MEDICAL REPORT, THE
DISABILITY BENEFIT SHALL BE SUSPENDED UNTIL THE
TREATMENT IS
OBTAINED, THE REPORT IS RECEIVED
BY THE BOARD, OR THE BOARD'S PHYSICIAN CERTIFIES THAT THE
TREATMENT IS NO LONGER HELPFUL OR ADVISABLE. SHOULD THE RECIPIENT'S
FAILURE TO OBTAIN TREATMENT OR SUBMIT A MEDICAL REPORT CONTINUE FOR ONE YEAR,
THE
RECIPIENT'S RIGHT TO THE DISABILITY BENEFIT SHALL BE
TERMINATED.
(C)(1) A DISABILITY
BENEFIT RECIPIENT SHALL BE CONSIDERED ON LEAVE OF ABSENCE FROM
THE RECIPIENT'S POSITION OF EMPLOYMENT AS A MEMBER OF A POLICE
OR FIRE DEPARTMENT DURING THE FIRST THREE YEARS FOLLOWING THE
EFFECTIVE DATE OF THE RECIPIENT'S DISABILITY BENEFIT, NOTWITHSTANDING ANY
CONTRARY PROVISIONS OF THIS CHAPTER.
(2)(a) THE BOARD SHALL REQUIRE A DISABILITY BENEFIT RECIPIENT WHO
HAS BEEN A MEMBER OF THE FUND FOR LESS THAN TWENTY-FIVE YEARS AND HAS NOT
ATTAINED AGE FORTY-EIGHT
TO UNDERGO AN ANNUAL MEDICAL EXAMINATION, EXCEPT THAT THE BOARD MAY WAIVE THE
MEDICAL EXAMINATION IF THE BOARD'S PHYSICIAN OR PHYSICIANS SPECIFY THAT THE
RECIPIENT'S DISABILITY IS ONGOING.
(b) THE BOARD MAY REQUIRE A DISABILITY BENEFIT RECIPIENT NOT
DESCRIBED IN DIVISION (C)(2)(a) OF THIS SECTION TO
UNDERGO A MEDICAL EXAMINATION AT ANY TIME IT
CONSIDERS
NECESSARY.
(c) IF A DISABILITY BENEFIT RECIPIENT REFUSES TO SUBMIT
TO A MEDICAL EXAMINATION, THE RECIPIENT'S DISABILITY BENEFIT
SHALL BE SUSPENDED UNTIL THE RECIPIENT WITHDRAWS THE REFUSAL.
IF THE REFUSAL CONTINUES FOR ONE YEAR, THE RECIPIENT'S RIGHTS UNDER AND TO
THE DISABILITY BENEFIT ARE TERMINATED.
(3) THE BOARD SHALL DESIGNATE ONE OR MORE PHYSICIANS TO
CONDUCT AN EXAMINATION REQUIRED UNDER THIS DIVISION. AFTER
COMPLETING THE EXAMINATION, THE PHYSICIAN SHALL DETERMINE AND
CERTIFY TO THE BOARD WHETHER THE DISABILITY BENEFIT RECIPIENT
CONTINUES TO MEET THE DISABILITY STANDARD SET FORTH IN DIVISION
(D)(1), (2), OR (4) OF SECTION
742.38 of the Revised Code OR DIVISION (C)(2), (3), OR (5) OF FORMER SECTION 742.37
of the Revised Code ON WHICH THE RECIPIENT WAS
ORIGINALLY DETERMINED TO BE DISABLED. IF THE PHYSICIAN'S DETERMINATION IS
THAT THE RECIPIENT NO LONGER MEETS THE STANDARD
AND THE BOARD CONCURS IN THE PHYSICIAN'S DETERMINATION, OR THE RECIPIENT
BECOMES EMPLOYED AS A POLICE OFFICER OR FIREFIGHTER, THE
DISABILITY BENEFIT SHALL BE TERMINATED THE EARLIER OF NINETY
DAYS AFTER THE DATE OF THE BOARD'S CONCURRENCE OR ON THE DATE
THE RECIPIENT RETURNS TO EMPLOYMENT AS A POLICE OFFICER OR FIREFIGHTER, EXCEPT
THAT IF THE RECIPIENT WAS RECEIVING A BENEFIT PURSUANT TO
DIVISION (D)(1) OF SECTION
742.38 of the Revised Code OR DIVISION (C)(2) OF FORMER SECTION 742.37 of the Revised Code, THE
BOARD SHALL
REEVALUATE THE RECIPIENT'S DISABILITY UNDER DIVISION
(D)(2) OF SECTION 742.38 of the Revised Code AND
AWARD A BENEFIT UNDER THAT DIVISION IF THE RECIPIENT QUALIFIES
FOR IT. A RECIPIENT MAY APPEAL THE BOARD'S CONCURRENCE IN THE
PHYSICIAN'S DETERMINATION. THE BOARD SHALL ADOPT RULES
ESTABLISHING PROCEDURES FOR THE APPEAL. IF THE LEAVE OF ABSENCE
PROVIDED UNDER DIVISION (C)(1)
OF THIS SECTION HAS NOT EXPIRED WHEN A DISABILITY BENEFIT IS
TERMINATED UNDER THIS DIVISION, THE BOARD SHALL CERTIFY TO THE
RECIPIENT'S LAST EMPLOYER BEFORE BEING FOUND DISABLED THAT THE
RECIPIENT IS NO LONGER INCAPABLE OF RESUMING SERVICE. AT THE RECIPIENT'S
REQUEST, THE EMPLOYER SHALL RESTORE THE RECIPIENT TO THE
PREVIOUS POSITION AND SALARY OR TO A POSITION AND SALARY SIMILAR
TO IT, WITH ALL PREVIOUS RIGHTS, INCLUDING CIVIL SERVICE
STATUS. THE EMPLOYER IS
NOT REQUIRED TO RESTORE THE RECIPIENT TO EMPLOYMENT IF THE
RECIPIENT WAS DISMISSED OR RESIGNED IN LIEU OF DISMISSAL FOR
DISHONESTY, MISFEASANCE, MALFEASANCE, OR CONVICTION OF A
FELONY.
(D) EACH
DISABILITY BENEFIT RECIPIENT SHALL FILE WITH THE BOARD AN ANNUAL STATEMENT OF
EARNINGS AND
ANY OTHER INFORMATION REQUIRED IN RULES ADOPTED BY THE BOARD.
THE BOARD SHALL ANNUALLY
EXAMINE THE INFORMATION SUBMITTED BY THE RECIPIENT.
IF A DISABILITY BENEFIT RECIPIENT REFUSES TO FILE THE STATEMENT OR
INFORMATION,
THE DISABILITY BENEFIT SHALL BE SUSPENDED UNTIL
THE STATEMENT AND INFORMATION ARE FILED. IF THE REFUSAL CONTINUES FOR ONE
YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY
BENEFIT SHALL BE TERMINATED.
Sec. 742.50. If AS USED IN THIS SECTION, "MEMBER'S CONTRIBUTION"
MEANS THE TOTAL AMOUNT DEDUCTED FROM THE SALARY OF A MEMBER OF THE POLICE AND
FIREMEN'S DISABILITY AND PENSION FUND AND CREDITED TO THE MEMBER'S ACCOUNT IN
THE FUND.
IF a member of the fund dies before receiving pension and
benefit payments from the police and firemen's
disability and pension fund in
an amount equal to the sums deducted from the member's salary and
credited to
the member's account in such fund, CONTRIBUTION and leaves no
surviving spouse, surviving
children, or dependent parent eligible for monthly pension payments under
section 742.37 of the Revised Code, the board OF TRUSTEES OF THE POLICE AND
FIREMEN'S DISABILITY AND PENSION FUND shall pay to the estate of such
deceased member an amount equal to the sums deducted from the member's
salary
and credited to the member's account in the police and firemen's disability
and pension fund CONTRIBUTION, less the total amount received by
such member as benefit or
pension payments from such fund.
IF A MEMBER WHO DIES BEFORE RECEIVING PENSION
AND BENEFIT PAYMENTS FROM THE FUND IN AN AMOUNT EQUAL TO THE
MEMBER'S CONTRIBUTION LEAVES ONE OR MORE SURVIVORS ELIGIBLE FOR
MONTHLY PENSION PAYMENTS UNDER SECTION 742.37 OF THE
REVISED
CODE BUT THE TOTAL AMOUNT PAID
ALL SURVIVORS UNDER THAT SECTION IS LESS THAN THE MEMBER'S
CONTRIBUTION, THE FUND SHALL PAY TO THE SURVIVORS OR THEIR
ESTATES, IN EQUAL SHARES, AN AMOUNT EQUAL TO THE MEMBER'S
CONTRIBUTION, LESS THE TOTAL AMOUNT RECEIVED BY THE MEMBER AND
ALL SURVIVORS AS BENEFIT OR PENSION PAYMENTS FROM THE
FUND.
Sec. 742.511. In computing years of active service under
division (C) of section 742.37 OR SECTION 742.39 of the
Revised Code for a full-time regular policewoman or policeman POLICE
OFFICER who,
prior to the effective date of this amendment DECEMBER
1, 1983, was appointed to the police department of a newly
incorporated municipal corporation, whether
pursuant to section 124.41 of the Revised Code or otherwise,
directly from a police department of the township from which such
municipal corporation was incorporated, such members shall be
given full credit for service as a full-time township police
officer and as a full-time policewoman or policeman POLICE
OFFICER in the
municipal corporation after the date of incorporation and for
which contributions were made to the public employees retirement
system, if the, within thirty days after the effective date of
this amendment DECEMBER 1, 1983, the member makes
a written request to the public
employees retirement system to withdraw accumulated contributions
attributable to such service from the public employees retirement
system and, thirty days after receiving such contributions, the
member pays into the police and firemen's
disability and pension
fund the amount withdrawn from the public employees retirement
system for the period of service being obtained.
When such an election is made, the public employees
retirement system shall certify to the police and firemen's
disability and pension fund a copy of the records of the service
and contributions of the member and shall transfer to the police
and firemen's disability and pension fund
an amount equal to the
total employer contributions paid on service as a full-time
township police officer and on service as a full-time municipal
police officer at the rates in effect during such employment, as
set forth in section 145.01 of the Revised Code.
Sec. 742.512. In computing years of active service under
division (C) of section 742.37 OR SECTION 742.39 of the
Revised Code for a full-time regular policewoman or policeman POLICE
OFFICER who, on or after
December 1, 1983, but prior to the effective date of this
amendment JUNE 14, 1988, was appointed
pursuant to section 124.41 or 124.411 of the Revised Code
to a police department of a newly
incorporated municipal corporation directly from a police
department of the township from which the municipal corporation
was incorporated, full credit for service as a full-time township
police officer shall be given if, within thirty days after such
appointment, the member made a written request to the public
employees retirement system to withdraw accumulated contributions
attributable to such service from the public employees retirement
system and, within thirty days after receiving such
contributions, the member paid into the police and firemen's disability and
pension fund the amount withdrawn from the public
employees retirement system for the period of service being
obtained.
When such an election is made, the public employees
retirement system shall certify to the police and firemen's disability and
pension fund a copy of the records of the service
and contributions of the member and shall transfer to the police
and firemen's disability and pension fund an amount equal to the
total employer contributions paid on service as a full-time
township police officer at the rates in effect during such
employment, as set forth in section 145.01 of the Revised Code.
Sec. 742.515. (A) As used in this section, "fire
department employer" means a fire department that employs a
fireman FIREFIGHTER.
(B) A full-time fireman FIREFIGHTER who, on November 8, 1990,
is a
member of the public employees retirement system, in the employ
of a fire department employer, and in a position in which he THE
FIREFIGHTER is
required to satisfactorily complete or have satisfactorily
completed a fire fighter FIREFIGHTER training course approved
under former
section 3303.07 or section 4765.55 or conducted under section
3737.33 of the Revised Code may, by giving notice to the police
and firemen's disability and pension fund within ninety days of November 8,
1990, elect to transfer to the fund.
When a fireman FIREFIGHTER makes such an election, the police
and firemen's disability and pension fund shall
notify the public
employees retirement system. All of the fireman's
FIREFIGHTER'S credit as a
full-time fireman FIREFIGHTER shall be transferred to the police
and firemen's disability and pension fund. The public employees
retirement system shall certify to the police and firemen's
disability and pension fund a copy of his THE FIREFIGHTER'S
records of service and
contributions and for each year or portion of a year of credit to
be transferred shall transfer to the police and firemen's
disability and pension fund all of the following:
(1) All contributions to the credit of the fireman FIREFIGHTER
as a full-time fireman FIREFIGHTER;
(2) An amount equal to the total employer contributions
paid on service as a full-time fireman FIREFIGHTER at the rates
in effect
during that year;
(3) Any amount paid by the member or the employer to the
retirement system for the purchase of service credit for
full-time service, including credit for military service and any
other credit the member or employer was eligible to purchase for
the benefit of the member.
(C) The fire department employer by which a fireman FIREFIGHTER
is employed at the time of a transfer made pursuant to division (B)
of this section shall, at the request of the police and firemen's disability
and pension fund, certify to the fund the fireman
FIREFIGHTER'S
salary as a fireman FIREFIGHTER.
(D) In computing years of active service under division
(C) of section 742.37 OR SECTION 742.39 of the Revised Code, a
member transferred pursuant to this section shall be given full credit by the
police and firemen's disability and pension fund
for his THE FIREFIGHTER'S service as a
full-time fireman FIREFIGHTER and for any service credit for
full-time
service purchased by him THE FIREFIGHTER, or by his
THE FIREFIGHTER'S employer on his THE FIREFIGHTER'S
behalf, from the public employees retirement system.
Sec. 742.52. (A) A member of the police and firemen's
disability and pension fund who is not receiving a disability
benefit or pension from the fund may purchase service credit,
which shall be used in computing the member's years of
service, for each
year of service incurred by reason of having been on active duty,
active duty for training, initial active duty for training,
inactive duty training, full-time national guard duty, and a period for which
a member is absent from a position of employment for the purpose of an
examination to determine the fitness of the member to perform a
duty,
as a member of the armed forces of the United States if the
member is
honorably discharged. Credits which are not authorized under former
sections 742.18, 742.19, 742.20, and 742.21 or section 742.521
of the
Revised Code
may be purchased at any time. The number of years purchased
under this division shall not exceed five.
(B) For the purposes of this division, "prisoner of war"
means any regularly appointed, enrolled, enlisted, or inducted
member of the armed forces of the United States who was captured,
separated, and incarcerated by an enemy of the United States.
A member may purchase service credit which shall be
considered as the equivalent of Ohio service for each year of
service the member was a prisoner of war. The number of
years
purchased under this division shall not exceed five. Service
credit may be purchased under this division for the same years of
service used to purchase service credit under division (A) of
this section. The member may choose to purchase only part of
such credit in any one payment, subject to board rules.
(C) The total number of years purchased under this section
shall not exceed the member's total accumulated number of years
of Ohio service.
(D) For each year of service purchased under division (A)
or (B) of this section, the member shall pay to the fund for
credit to the member's accumulated account an amount
determined by the
member rate of contribution in effect at the time the military
service began or four per cent, whichever is greater, multiplied
by the annual compensation for full-time employment during the
first year of full-time service in Ohio covered by any state or
municipal retirement system of this state following termination of
military
service. To this amount shall be added an amount equal to
compound interest at a rate established by the board of trustees
of the police and firemen's disability and
pension fund from the
date active military service terminated to date of payment. For the
purpose of this section, the board may define full-time service in
Ohio covered by any state or municipal retirement system of this
state.
(E) A member is ineligible to purchase service credit
under this section for any year of military service that
was:
(1) Used in the
calculation of any retirement benefit currently being paid to the
member or payable in the future under any other retirement
program, except for retired pay for non-regular service under
Chapter 1223 of
Section 1662 of Title XVI of the "National
Defense Authorization Act for Fiscal
Year 1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to
12739, or social security;
(2) Used to obtain service credit under former section 742.18, 742.19,
742.20, or 742.21 or section 742.521 of the Revised Code.
At the time the credit is purchased the member shall certify on a
form furnished by the trustees that the member does and will
conform to
this requirement. Any benefit paid under this section to which
the member is not entitled shall be recovered by any recovery
procedures available under this chapter.
"Armed forces" of the United States includes army, navy,
air force, marine corps, coast guard, or any reserve component of such
forces; national guard; the commissioned corps of the United
States public health service; the merchant marine service during
wartime; auxiliary corps as
established by congress; service as a red cross nurse
with the army,
navy, air force, hospital service of the United States, army
nurse corps, navy nurse corps, or serving full-time with
the
American red cross in a combat zone; and such other service as
may be designated by congress as included therein.
A member of the fund who has purchased service credit under
this section, or the member's estate, is entitled to be
refunded the
amount paid to purchase such credit, or a pro rata portion
thereof, provided that the purchased service credit, or a portion
of the purchased service credit, does not serve to increase a
pension or benefit paid under section 742.37 OR 742.39 of the
Revised Code.
The refund of any amount paid to purchase credit under this section, or a pro
rata portion thereof, shall cancel an equivalent amount of service credit.
Sec. 742.38 742.59. The board of trustees of the police and
firemen's disability and pension fund shall
be the trustee of the funds created as follows:
(A) The "policemen's contribution fund" is the fund in
which shall be credited the contributions deducted from the
salaries of members of police departments and paid into the
police and firemen's disability and pension fund, as provided by
section 742.31 of the Revised Code, and that percentage of the
employers' accrued liability that is attributable to deductions
previously made from the salaries of members of the police
department who are still in the active service at the time that
portion of the employer's accrued liability is paid. The
accumulated contributions of a member of a police department
shall be transferred at his THE MEMBER'S retirement from the
policemen's contribution fund to the
policemen's pension reserve fund.
(B) The "firemen's contribution fund" is the fund in which
shall be credited contributions deducted from the salaries of
members of fire departments and paid into the police and
firemen's disability and pension fund, as
provided by section
742.31 of the Revised Code, and that percentage of the employers'
accrued liability that is attributable to deductions previously
made from the salaries of members of the fire department who are
still in the active service at the time that portion of the
employers' accrued liability is paid. The accumulated
contributions of a member of a fire department shall be
transferred at his THE MEMBER'S retirement from the
firemen's contribution fund to the firemen's pension reserve fund.
(C) The "policemen employers' contribution fund" is the
fund to which the policemen employers' contribution, as provided
by section 742.33 of the Revised Code, and that percentage of the
employers' accrued liability that is attributable to the
employers' liability for prior service of members of the police
department who are still in the active service at the time that
portion of the employers' accrued liability is paid, and that
portion of the state contribution allocated to such fund, as
provided by section 742.36 of the Revised Code, shall be
credited, and in which shall be accumulated the reserves held in
trust for the payment of all pensions or other benefits provided
by sections 742.01 to 742.58 742.61 of the Revised Code to
members of a police department retiring in the future or their qualified
beneficiaries and from which the reserves for such pensions and
other benefits shall be transferred to the policemen's pension reserve fund.
(D) The "firemen employers' contribution fund" is
the fund to which the firemen employers' contribution, as provided in
section 742.34 of the Revised Code, and that percentage of the
employers' accrued liability that is attributable to the
employers' liability for prior service for members of the fire
department who are still in the active service at the time that
portion of the employers' accrued liability is paid, and that
portion of the state contribution allocated to such fund, as
provided by section 742.36 of the Revised Code, shall be
credited, and in which shall be accumulated the reserves held in
trust for the payment of all pensions and other benefits provided
by sections 742.01 to 742.58 742.61 of the Revised Code to
members of a fire department retiring in the future or their qualified
beneficiaries and from which the reserves for such pensions and
other benefits shall be transferred to the firemen's
pension reserve fund.
(E) The "policemen's pension reserve fund" is the fund
from which shall be paid all pensions and other benefits for
which reserves have been transferred from the policemen's contribution fund
and the policemen employers' contribution fund,
and to which shall be credited that percentage of the employers'
accrued liability that is attributable to the total of deductions
previously made from the salaries of members of the police
department who are retired and are receiving pensions or other
benefits, or whose beneficiaries are receiving benefits, at the
time that portion of the employers' accrued liability is paid,
and that percentage of the employers' accrued liability that is
attributable to prior service of members of the police department
who are retired and are receiving pensions or other benefits, or
whose beneficiaries are receiving benefits, at the time that
portion of the employers' accrued liability is paid.
(F) The "firemen's pension reserve fund"
is the fund from which shall be paid all pensions and other benefits for which
reserves have been transferred from the firemen's contribution
fund and the firemen employers' contribution fund,
and to which
shall be credited that percentage of the employers' accrued
liability that is attributable to the total of deductions
previously made from the salaries of members of the fire
department who are retired and are receiving pensions or other
benefits, or whose beneficiaries are receiving benefits, at the
time that portion of the employers' accrued liability is paid,
and that percentage of the employers' accrued liability that is
attributable to prior service of members of the fire department
who are retired and are receiving pensions or other benefits, or
whose beneficiaries are receiving benefits, at the time that
portion of the employers' accrued liability is paid.
(G) The "guarantee fund" is the fund from which interest
is transferred and credited on the amounts in the funds described
in divisions (C), (D), (E), and (F) of this section, and is a
contingent fund from which the special requirements of said funds
may be paid by transfer from this fund. All income derived from
the investment of funds by the board of trustees of the police
and firemen's disability and pension fund as trustee under
section 742.11 of the Revised Code, together with all gifts and
bequests or the income therefrom, shall be paid into this fund.
Any deficit occurring in any other fund that will not be
covered by payments to that fund, as otherwise provided by
sections 742.01 to 742.58 742.61 of the Revised Code, shall be
paid by transfers of amounts from the guarantee fund to such fund or
funds. Should the amount in the guarantee fund be insufficient
at any time to meet the amounts payable therefrom, the amount of
such deficiency, with regular interest, shall be paid by an
additional employer rate of current contribution as determined by
the actuary and shall be approved by the board of trustees of the
police and firemen's disability and pension fund, and the amount
of such additional employer contribution shall be credited to the
guarantee fund.
The board of trustees of the police and firemen's disability and pension fund
may accept gifts and bequests. Any
funds that may come into the possession of the board in this
manner, or any other funds whose disposition is not otherwise
provided for, shall be credited to the guarantee fund.
(H) The "expense fund" is the fund from which shall be
paid the expenses for the administration and management of the
police and firemen's disability and pension
fund, as provided by
sections 742.01 to 742.58 742.61 of the Revised Code, and to
which shall be credited from the guarantee fund an amount sufficient to pay
the expenses of operation.
Sec. 742.39 742.60. Wherever in sections 742.01 to 742.49,
inclusive, 742.61 of the Revised Code, reference is made to the
policemen's contribution fund, the firemen's contribution fund, the policemen
employers' contribution fund, the firemen employers' contribution fund, the
policemen's
pension reserve fund, the firemen's pension reserve fund, the guarantee
fund, or the
expense fund, such
reference shall be construed to have been made to each as a separate legal
entity. This section does not prevent the deposit or investment of all such
moneys intermingled for such purpose, but such funds shall be separate and
distinct legal entities for all other purposes.
Sec. 742.40 742.61. The treasurer of state shall be the
custodian of all funds under the control and management of the board of
trustees of the police and firemen's disability and pension fund,
and all disbursements of such funds shall be paid by him THE
TREASURER OF STATE only upon instruments duly authorized by the board and
bearing the
signatures of the chairman CHAIRPERSON and secretary of the
board. The signatures of the chairman CHAIRPERSON and secretary
may be facsimile signatures.
The treasurer of state shall give a separate and additional
bond in such amount as is fixed by the board, conditioned upon
the faithful performance of his THE TREASURER OF STATE'S duties
as custodian of the funds
under the control and management of the board and to be executed
by a surety company selected by the board that is authorized to
transact business in this state. Such bond shall be deposited
with the secretary of state and kept in his THE SECRETARY OF
STATE'S office. The board
may require the treasurer of state to give other and additional
bonds, as the funds under the control and management of the board
increase, in such amounts and at such times as are fixed by the
board, which additional bonds shall be conditioned, filed, and
executed as is provided for the original bond of the treasurer of
state covering the funds under the control and management of the
board. The premium on all bonds shall be paid by the board.
The treasurer of state shall deposit any portion of the
funds under the control and management of the board not needed
for immediate use in the same manner as state funds are
deposited, and subject to all provisions of law with respect to
the deposit of state funds, by the treasurer of state, and all
interest earned on such funds so deposited shall be collected by
the treasurer of state and placed to the credit of the board.
Sec. 742.61 742.62. The firemen and policemen's death benefit
fund is hereby created
as the fund to which shall be credited contributions paid by the state and any
moneys resulting from gifts made to the fund. The board of trustees of the
police and firemen's disability and pension
fund shall be the trustees of the
firemen and policemen's death benefit fund. The board shall have the same
powers as provided in section 742.10 of the Revised Code, in administering the
firemen and policemen's death benefit fund.
Sec. 742.63. The board of trustees of the police and
firemen's disability and pension fund shall
adopt rules for the
management of the firemen and
policemen's death benefit fund and
for disbursements of benefits as set forth in this section.
(A) As used in this section:
(1) "Member" means a member of the police and firemen's
disability and pension fund or the state highway patrol
retirement system, or a member of the public employees retirement
system who at the time of the member's death was a county sheriff
or deputy sheriff, a full-time regular police officer in a municipal
corporation or township, a full-time regular fireman FIREFIGHTER
employed by
the state, an instrumentality of the state, a municipal
corporation, a township, a joint fire district, or another political
subdivision, a full-time park district ranger or patrol trooper,
a full-time law enforcement officer of the department of natural
resources, a full-time liquor control investigator of the
department of public safety, a full-time law enforcement
officer
of parks, waterway lands, or reservoir lands under the control of
a municipal corporation, a full-time law enforcement officer of a
conservancy district, a correction officer at an institution
under the control of a county, a group of counties, a municipal
corporation, or the department of rehabilitation and correction,
a state university law enforcement officer, or a member of a
retirement system operated by a municipal corporation who at the
time of death was a full-time law enforcement officer of
parks, waterway lands, or reservoir lands under the control of
the municipal corporation.
(2) Notwithstanding section 742.01 of the Revised Code,
"fire or police department" includes a fire department of the
state or an instrumentality of the state or of a municipal
corporation, township, joint fire district, or other political
subdivision, the state highway patrol, a county sheriff's office,
the security force of an institution under the control of the
department of rehabilitation and correction, the security force
of a jail or workhouse under the control of a county, group of
counties, or municipal corporation, the security force of a
metropolitan, county, or township park district, the security
force of lands under the control of the department of natural
resources, the security force of liquor control investigators of the
department of public safety, the security force of parks,
waterway lands, or reservoir lands under the control of a
municipal corporation, the security force of a conservancy
district, the police department of a township or municipal
corporation, and the police force of a state university.
(3) "Fireman FIREFIGHTER or policeman POLICE
OFFICER" includes a state highway patrol
trooper, a county sheriff or deputy sheriff, a correction officer
at an institution under the control of a county, a group of
counties, a municipal corporation, or the department of
rehabilitation and correction, a policeman POLICE OFFICER
employed by a township
or municipal corporation, a fireman FIREFIGHTER employed by the
state, an
instrumentality of the state, a municipal corporation, a township,
a joint fire district, or another political subdivision, a full-time
park district ranger or patrolman PATROL TROOPER, a full-time
law enforcement
officer of the department of natural resources, a full-time
liquor control investigator of the department of public safety, a
full-time law enforcement officer of parks, waterway lands, or
reservoir lands under the control of a municipal corporation, a
full-time law enforcement officer of a conservancy district, and
a state university law enforcement officer.
(4) "Correction officer" includes, in addition to any
correction officer, any correction corporal, sergeant,
lieutenant, or captain, and the equivalents of all such persons.
(5) "A park district ranger or patrolman PATROL TROOPER" means
a peace
officer commissioned to make arrests, execute warrants, and
preserve the peace upon lands under the control of a board of
park commissioners of a metropolitan, county, or township park
district.
(6) "Metropolitan, county, or township park district"
means a park district created under the authority of Chapter 511.
or 1545. of the Revised Code.
(7) "Conservancy district" means a conservancy district
created under the authority of Chapter 6101. of the Revised Code.
(8) "Law enforcement officer" means an officer
commissioned to make arrests, execute warrants, and preserve the
peace upon lands under the control of the governmental entity
granting the commission.
(9) "Department of natural resources law enforcement
officer" includes a forest officer designated pursuant to section
1503.29 of the Revised Code, a preserve officer designated
pursuant to section 1517.10 of the Revised Code, a wildlife officer
designated pursuant to section 1531.13 of the Revised Code, a
park officer designated pursuant to section 1541.10 of the
Revised Code, and a state watercraft officer designated pursuant
to section 1547.521 of the Revised Code.
(10) "Retirement eligibility date" means the last day of
the month in which a deceased member would have first become
eligible, had the member lived, for the retirement pension provided under
section 145.33, division (C)(1) of section 742.37, or division
(A)(1) of section 5505.17 of the Revised Code or provided by a
retirement system operated by a municipal corporation.
(11) "DEATH BENEFIT AMOUNT" MEANS AN AMOUNT EQUAL TO THE FULL
MONTHLY SALARY RECEIVED BY A DECEASED MEMBER PRIOR TO DEATH, MINUS AN AMOUNT
EQUAL TO THE BENEFIT RECEIVED UNDER SECTION 145.45, 742.37, 742.3714, OR
5505.17 of the Revised Code OR THE BENEFIT RECEIVED FROM A RETIREMENT SYSTEM OPERATED BY A
MUNICIPAL CORPORATION, PLUS ANY INCREASES IN SALARY THAT WOULD HAVE BEEN
GRANTED THE DECEASED MEMBER.
(12) "KILLED IN THE LINE OF DUTY" MEANS EITHER OF THE FOLLOWING:
(a) DEATH IN THE LINE OF DUTY;
(b) DEATH FROM INJURY SUSTAINED IN THE LINE
OF DUTY, INCLUDING HEART ATTACK OR OTHER FATAL INJURY OR ILLNESS CAUSED WHILE
IN THE
LINE OF DUTY.
(B) A spouse of a deceased member shall receive a death
benefit each month equal to the full monthly salary received by
the deceased member prior to the member's death, minus an amount
equal to the benefit received under section 145.45, 742.37,
742.3714, or 5505.17 of the Revised Code or the benefit received
from a retirement system operated by a municipal corporation, and
also shall receive any increases in salary that would have been
granted to the deceased DEATH BENEFIT AMOUNT, provided that the
deceased member was a
fireman FIREFIGHTER or policeman POLICE OFFICER
killed in the line of duty or who died of
injuries sustained in the line of duty AND THERE ARE NO SURVIVING
CHILDREN ELIGIBLE FOR A BENEFIT UNDER THIS SECTION. The spouse of such
a
deceased member shall receive this benefit during the spouse's
natural life until the earlier of the deceased member's
retirement eligibility date or the spouse's remarriage, on which
date the benefit provided under this division shall terminate.
(C)(1) If a member dies KILLED in the line of duty as a
fireman FIREFIGHTER or policeman or from injuries
sustained in the line of duty as a fireman or
policeman including heart attacks or other fatal
injuries or illnesses caused while in the line of duty, and POLICE
OFFICER is
survived only by a child or children, then the child or children
shall receive a benefit each month equal to the full monthly
salary received by the deceased member prior to the member's
death minus an amount equal to the benefit or benefits received
under section 145.45, 742.37, 742.3714, or 5505.17 of the Revised
Code or the benefit or benefits received from a retirement system
operated by a municipal corporation and also shall receive any
increases in salary which would have been granted to the
deceased DEATH BENEFIT AMOUNT. If there is more than one surviving
child, the
benefit shall be divided equally among these children. When the
child reaches the age of eighteen, the benefit shall terminate
unless the child, because of physical or mental disability, is
unable to support himself, in which case the benefit shall
continue until the disability is removed. Benefits under this division,
however, shall continue to be paid
to an unmarried 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 fund.
(2) IF THE DEATH BENEFIT PAID UNDER THIS DIVISION IS DIVIDED AMONG TWO OR
MORE SURVIVING CHILDREN AND ANY OF THE CHILDREN BECOME INELIGIBLE TO CONTINUE
RECEIVING A PORTION OF THE BENEFIT AS PROVIDED IN DIVISION (H) OF
THIS SECTION, THE FULL DEATH BENEFIT AMOUNT SHALL BE PAID TO THE REMAINING
ELIGIBLE CHILD OR DIVIDED AMONG THE ELIGIBLE CHILDREN SO THAT THE BENEFIT PAID
TO THE REMAINING ELIGIBLE CHILD OR CHILDREN EQUALS THE FULL DEATH BENEFIT
AMOUNT.
(3) Notwithstanding division DIVISIONS (C)(1)
AND (2) of this section, all
death benefits paid under this division shall terminate on the
deceased member's retirement eligibility date.
(D) If a member dies KILLED in the line of duty as a
fireman
FIREFIGHTER or policeman or from injuries
sustained in the line of duty as a fireman or policeman,
and POLICE OFFICER is survived by both a spouse and a
child or children, then the monthly benefit provided shall be as
follows:
(1)(a) If there is a surviving spouse and one surviving
child, then the spouse receives SHALL RECEIVE an amount
EACH MONTH equal to one-half of
the full monthly salary received by the deceased member prior to
the member's death, plus any increases in the salary which would
have been granted to the deceased, minus an amount equal to the
benefit received under section 145.45, 742.37, 742.3714, or
5505.17 of the Revised Code or the benefit received from a
retirement system operated by a municipal corporation, DEATH BENEFIT
AMOUNT and the
child receives SHALL RECEIVE an amount equal to one-half of the
full monthly
salary received by the deceased member prior to the member's
death, plus any increases in salary which would have been granted
to the deceased, minus an amount equal to the benefit received
under section 145.45, 742.37, 742.3714, or 5505.17 of the Revised
Code or the benefit received from a retirement system operated by
a municipal corporation DEATH BENEFIT AMOUNT.
(b) IF THE SURVIVING SPOUSE BECOMES INELIGIBLE TO CONTINUE
RECEIVING A DEATH BENEFIT DUE TO REMARRIAGE OR DEATH, OR THE CHILD BECOMES
INELIGIBLE AS PROVIDED IN DIVISION (H) OF THIS SECTION, THE SURVIVING
SPOUSE OR CHILD REMAINING ELIGIBLE SHALL RECEIVE THE FULL DEATH BENEFIT
AMOUNT.
(2)(a) If there is a surviving spouse and more than one
child, then the spouse receives SHALL RECEIVE an amount
EACH MONTH equal to one-third of
the full monthly salary received by the deceased member prior to
the member's death, plus any increases in salary which would have
been granted to the deceased, minus an amount equal to the
benefit received under section 145.45, 742.37, 742.3714, or
5505.17 of the Revised Code or the benefit received from a
retirement system operated by a municipal corporation, DEATH BENEFIT
AMOUNT and the
children SHALL receive a benefit AN AMOUNT, which
is equally divided among them,
equal to two-thirds of the full monthly salary received by the
deceased member prior to the member's death, plus any increases
in salary which would have been granted to the deceased, minus an
amount equal to the benefits received under section 145.45,
742.37, 742.3714, or 5505.17 of the Revised Code or the benefits
received from a retirement system operated by a municipal
corporation DEATH BENEFIT AMOUNT.
(b) IF A SPOUSE AND MORE THAN ONE CHILD EACH ARE RECEIVING A
DEATH BENEFIT UNDER DIVISION (D)(2)(a) OF THIS
SECTION AND THE SPOUSE BECOMES INELIGIBLE TO RECEIVE A BENEFIT DUE TO
REMARRIAGE OR DEATH, THE CHILDREN SHALL RECEIVE AN AMOUNT EACH MONTH, EQUALLY
DIVIDED AMONG THEM, EQUAL TO THE FULL DEATH BENEFIT AMOUNT.
(c) IF A SPOUSE AND MORE THAN ONE CHILD EACH ARE RECEIVING A
BENEFIT UNDER DIVISION (D)(2)(a) OF THIS SECTION AND
ANY OF THE CHILDREN BECOMES INELIGIBLE TO RECEIVE A BENEFIT AS PROVIDED IN
DIVISION (H) OF THIS SECTION, THE SPOUSE AND REMAINING ELIGIBLE CHILD
OR CHILDREN SHALL RECEIVE A DEATH BENEFIT AS FOLLOWS:
(i) IF THERE ARE TWO OR MORE REMAINING ELIGIBLE CHILDREN, THE
SPOUSE SHALL RECEIVE AN AMOUNT EACH MONTH EQUAL TO ONE-THIRD OF THE FULL DEATH
BENEFIT AMOUNT AND THE CHILDREN SHALL RECEIVE AN AMOUNT EACH MONTH, EQUALLY
DIVIDED AMONG THEM, EQUAL TO TWO-THIRDS OF THE FULL DEATH BENEFIT AMOUNT;
(ii) IF THERE IS ONE REMAINING ELIGIBLE CHILD, THE SPOUSE SHALL
RECEIVE AN AMOUNT EACH MONTH EQUAL TO ONE-HALF OF THE FULL DEATH BENEFIT
AMOUNT, AND THE CHILD SHALL RECEIVE AN AMOUNT EACH MONTH EQUAL TO ONE-HALF OF
THE FULL DEATH BENEFIT AMOUNT.
(d) IF A SPOUSE AND MORE THAN ONE CHILD EACH ARE RECEIVING A
BENEFIT UNDER DIVISION (D)(2)(a) OF THIS SECTION AND
ALL OF THE CHILDREN BECOME INELIGIBLE TO RECEIVE A BENEFIT AS PROVIDED IN
DIVISION (H) OF THIS SECTION, THE SPOUSE SHALL RECEIVE THE FULL DEATH
BENEFIT AMOUNT.
(3) Notwithstanding divisions (D)(1) and (2) of this
section, death benefits paid under this division to a surviving
spouse shall terminate at ON the earlier of the member's
retirement
eligibility date or the spouse's remarriage. Death benefits paid
to a surviving child or children shall terminate on the deceased
member's retirement eligibility date unless earlier terminated
pursuant to division (C)(H) of this section.
(E) If a member dies, on or after January 1, 1980, IS
KILLED in the
line of duty as a fireman FIREFIGHTER or policeman or from
injury sustained in the line of duty as a fireman or policeman,
including heart attacks or other fatal injuries or illnesses caused while in
the line of duty, POLICE OFFICER and is survived by only a parent
or parents
dependent upon him THE MEMBER for support, then the
parent or parents shall
receive a benefit AN AMOUNT each month equal to the full
monthly salary
received by the deceased member prior to the member's death minus
an amount equal to the benefit or benefits received under section
145.45, 742.37, or 5505.17 of the Revised Code or the benefit or
benefits received from a retirement system operated by a
municipal corporation and also shall receive any increases in
salary which would have been granted to the deceased DEATH BENEFIT
AMOUNT. If there
is more than one surviving parent dependent upon the deceased
member for support, then the DEATH benefit AMOUNT shall
be divided equally among the surviving parents. ON THE DEATH OF ONE OF THE
SURVIVING PARENTS, THE FULL DEATH BENEFIT AMOUNT SHALL BE PAID TO THE OTHER
PARENT.
(F) A surviving spouse whose benefits are terminated in
accordance with division (B) or (D)(3) of this section on the
deceased member's retirement eligibility date, or who would
qualify for a benefit under division (B) or (D) of this section
except that the deceased member reached the member's retirement
eligibility date prior to the member's death, shall receive a
monthly
death benefit under this division. The monthly death benefit
shall be one-half of an amount equal to the monthly salary
received by the deceased member prior to the member's death, plus
any SALARY increases in salary the DECEASED member would
have received prior to
the member's
retirement eligibility date. The benefit shall terminate on the
surviving spouse's remarriage OR DEATH. A death benefit payable
under
this division shall be reduced by an amount equal to any
allowance or benefit payable to the surviving spouse under
section 742.3714 of the Revised Code.
(G)(1) If a deceased member did THERE IS not
have a surviving spouse
ELIGIBLE TO RECEIVE A DEATH BENEFIT UNDER DIVISION (F) OF THIS
SECTION or the surviving spouse is deceased
RECEIVING A DEATH BENEFIT UNDER THAT DIVISION BECOMES
INELIGIBLE TO RECEIVE THE BENEFIT DUE TO REMARRIAGE OR DEATH, a surviving
child or children whose benefits under division (C) or (D) of this section
are OR HAVE BEEN terminated pursuant to division
(C)(2)(3) or (D)(3) of this
section or who would qualify for a benefit under division (C) or
(D) of this section except that the deceased member reached the member's
retirement eligibility date prior to the member's death shall receive a
monthly death benefit under this division. The monthly death
benefit shall be one-half of an amount equal to the monthly
salary received by the deceased member prior to the member's death,
plus any SALARY increases in salary the member would have
received prior to
the member's retirement eligibility date. If there is more than one surviving
child, the benefit shall be divided equally among the surviving
children. When a child reaches the age of eighteen the portion
of the benefit payable to that child shall terminate unless either of the
following applies:
(1) The child, because of a physical or mental
disability, is unable to support himself or herself, in
which case the
benefit shall continue until the disability is removed.
(2) The child is an unmarried child under age twenty-two
and 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 fund.
(2) IF TWO OR MORE SURVIVING CHILDREN EACH ARE RECEIVING A
BENEFIT UNDER THIS DIVISION AND ANY OF THOSE CHILDREN BECOMES INELIGIBLE TO
CONTINUE RECEIVING A BENEFIT AS PROVIDED IN DIVISION (H) OF THIS
SECTION, THE REMAINING ELIGIBLE CHILD OR CHILDREN SHALL RECEIVE AN AMOUNT
EQUAL TO ONE-HALF OF THE MONTHLY SALARY RECEIVED BY THE DECEASED MEMBER PRIOR
TO DEATH, PLUS ANY SALARY INCREASES THE DECEASED MEMBER WOULD HAVE RECEIVED
PRIOR TO THE RETIREMENT ELIGIBILITY DATE. IF THERE IS MORE THAN ONE REMAINING
ELIGIBLE CHILD, THE BENEFIT SHALL BE DIVIDED EQUALLY AMONG THE ELIGIBLE
CHILDREN.
(3) A death benefit, or portion of a death benefit, payable to
a surviving child under this division shall be reduced by an
amount equal to any allowance or benefit payable to that child
under section 742.3714 of the Revised Code, but the reduction in
that child's benefit shall not affect the amount payable to any
other surviving child entitled to a portion of the death benefit.
(H) The termination, or reduction in amount of, any
survivor's portion of a death benefit that has been divided among
two or more survivors pursuant to division (C), (D), or (G) of
this section shall not affect the amount payable to the other
survivors entitled to a portion of the death benefit. A DEATH BENEFIT
PAID TO A SURVIVING CHILD UNDER DIVISION (C), (D), OR
(G) OF THIS SECTION SHALL TERMINATE ON THE DEATH OF THE CHILD OR,
UNLESS ONE OF THE FOLLOWING IS THE CASE, WHEN THE CHILD REACHES AGE EIGHTEEN:
(1) THE CHILD, BECAUSE OF PHYSICAL OR MENTAL DISABILITY, IS UNABLE TO
PROVIDE OWN SUPPORT, IN WHICH CASE THE DEATH BENEFIT SHALL TERMINATE WHEN THE
DISABILITY IS REMOVED;
(2) THE CHILD IS UNMARRIED, UNDER AGE TWENTY-TWO, AND 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 TRUSTEES OF THE FUND.
(I) Acceptance of any death benefit under this section
does not prohibit a spouse or child from receiving other benefits
provided under the police and firemen's disability and pension
fund, the state highway patrol retirement system, the public
employees retirement system, or a retirement system operated by a
municipal corporation.
(J) No person shall receive a benefit under this section
if any of the following occur:
(1) The person fails to exercise the right to a monthly
survivor benefit under division (A) or (B) of section 145.45,
division (D), (E), or (F) of section 742.37, or division (A)(3),
(4), or (7) of section 5505.17 of the Revised Code; to a monthly
survivor benefit from a retirement system operated by a municipal
corporation; or to a retirement allowance under section 742.3714
of the Revised Code.
(2) The member's accumulated contributions under this chapter or Chapter
145. or 5505. of the Revised Code are refunded unless the
member had been a member of the public employees retirement
system and had fewer than eighteen months of total service credit
at the time of death.
(3) In the case of a full-time park district ranger or
patrolman PATROL TROOPER, a full-time law enforcement officer of
the department
of natural resources, a full-time law enforcement officer of
parks, waterway lands, or reservoir lands under the control of a
municipal corporation, a full-time law enforcement officer of a
conservancy district, a correction officer at an institution
under the control of a county, group of counties, or municipal
corporation, or a member of a retirement system operated by a
municipal corporation who at the time of his THE MEMBER'S death
was a
full-time law enforcement officer of parks, waterway lands, or
reservoir lands under the control of the municipal corporation,
the member died prior to April 9, 1981, in the case of a benefit
under division (B), (C), or (D) of this section, or prior to
January 1, 1980, in the case of a benefit under division (E) of
this section.
(4) In the case of a full-time liquor control investigator
of the department of public safety, the member died prior to December 23,
1986.
Sec. 3307.01. As used in this chapter:
(A) "Employer" means the board of education, school
district, governing authority of any community school established under
Chapter 3314. of the Revised Code, college, university, institution, or
other agency
within the state by which a teacher is employed and paid.
(B) "Teacher" means any person paid from public funds and
employed in the public schools of the state under any type of
contract described in section 3319.08 of the Revised Code in a
position for which the person is required to have a
license issued
pursuant to sections 3319.22 to 3319.31 of the Revised Code; any person
employed as a teacher by a community school pursuant to Chapter 3314.
of the Revised Code; and
any other teacher or faculty member employed in any school,
college, university, institution, or other agency wholly
controlled and managed, and supported in whole or in part, by the
state or any political subdivision thereof, including Central
state university, Cleveland state university, the university of
Toledo, and the medical college of Ohio at Toledo. The
educational employees of the department of education, as
determined by the state superintendent of public instruction,
shall be considered teachers for the purpose of membership in
this system. In all cases of doubt, the state teachers
retirement board shall determine whether any person is a teacher,
and its decision shall be final.
"Teacher" does not include any academic or administrative employee of a public
institution of higher education, as defined in section 3305.01 of the Revised
Code, who participates in an alternative retirement plan
established under Chapter 3305. of the Revised Code.
(C) "Prior service" means all service as a teacher before
September 1, 1920, military service credit, all service prior to
September 1, 1920, as an employee of any employer who comes
within the public employees retirement system, the school
employees retirement system, or any other state retirement system
established under the laws of Ohio, and similar service in
another state, credit for which was procured by a member under
section 3307.33 of the Revised Code, prior to June 25, 1945.
Prior service credit shall not be granted to any member for
service for which credit or benefits have been received in any
other state retirement system in Ohio or for credit that was
forfeited by withdrawal of contributions, unless the credit has
been restored. If the teacher served as an employee in any two
or all of the capacities, "prior service" means the total
combined service in the capacities prior to September 1, 1920.
If a teacher who has been granted prior service credit for
service rendered prior to September 1, 1920, as an employee of an
employer who comes within the public employees retirement system
or the school employees retirement system, establishes,
subsequent to September 16, 1957, and before retirement, three
years of contributing service in the public employees retirement
system, or one year in the school employees retirement system,
the prior service credit granted shall become, at
retirement, the liability of the other system if
the prior
service or employment was in a capacity covered by that system.
(D) "Total service," "total service credit," except as
provided in section 3307.41 of the Revised Code, or "Ohio service
credit" means all service of a member of the state teachers
retirement system since last becoming a member and, in addition
thereto, restored service credit under section 3307.28, all prior
service credit, all military service credit
computed as provided in this chapter, and all other service credit established
under sections 3307.22, 3307.31, 3307.311, 3307.32, 3307.35,
3307.411,
3307.412, 3307.51, 3307.512, 3307.513, 3307.514, and 3307.73
and former section
3307.52 of the Revised Code, and Section 3 of Amended Substitute
Senate Bill No. 530 of the 114th general assembly. All service
credit purchased under section 3307.33 of the Revised Code shall
be used exclusively for the purpose of qualifying for service
retirement.
(E) "Member" means any person included in the membership
of the state teachers retirement system, which shall consist of
all teachers and contributors as defined in divisions (B) and (F)
of this section and all disability benefit recipients. However,
for purposes of this chapter, the following persons shall not be
considered members:
(1) A student, intern, or resident who is not a member while employed
part-time by a school, college, or
university at which the student, intern, or resident is
regularly attending classes;
(2) A person denied membership pursuant to section 3307.27
of the Revised Code;
(3) A superannuate or other system retirant as defined in
section 3307.381 of the Revised Code;
(4) An individual employed in a program established
pursuant to the "Job Training Partnership Act," 96 Stat. 1322
(1982), 29 U.S.C.A. 1501.
(F) "Contributor" means any person who has an account in
the teachers' savings fund.
(G) "Beneficiary" means any person eligible to receive, or
in receipt of, a retirement allowance or other benefit provided
by this chapter.
(H)(1) "Service retirement" means retirement as provided
in section 3307.38 or 3307.39 of the Revised Code.
(2) "Disability retirement" means retirement as provided
in section 3307.43 of the Revised Code.
(I) "Accumulated contributions" means the sum of all
amounts credited to a contributor's individual account in the
teachers' savings fund, together with interest credited thereon
at the rates approved by the state teachers retirement board
prior to retirement.
(J) "Annuity" means payments for life derived from
contributions made by a contributor and paid from the annuity and
pension reserve fund. All annuities shall be paid in twelve
equal monthly installments.
(K) "Pensions" means annual payments for life derived from
appropriations made by an employer and paid from the annuity and
pension reserve fund. All pensions shall be paid in twelve equal
monthly installments.
(L)(1) "Allowance" or "benefit" means the pension plus the
annuity, or any other payment under this chapter, and includes a
disability allowance or disability benefit.
(2) "Disability allowance" means an allowance paid on
account of disability under section 3307.431 of the Revised Code.
(3) "Disability benefit" means a benefit paid as
disability retirement under section 3307.43 of the Revised Code,
as a disability allowance under section 3307.431 of the Revised
Code, or as a disability benefit under section 3307.41 of the
Revised Code.
(M) "Annuity reserve" means the present value, computed
upon the basis of mortality tables adopted by the state teachers
retirement board with interest, of all payments to be made on
account of any annuity, or benefit in lieu of any annuity,
granted to a member.
(N) "Pension reserve" means the present value, computed
upon the basis of mortality tables adopted by the state teachers
retirement board with interest, of all payments to be made on
account of any pension, or benefit in lieu of any pension,
granted to a member or to a beneficiary.
(O) "Year" means the year beginning the first day of July
and ending with the thirtieth day of June next following, except
that for the purpose of determining final average salary, "year"
may mean the contract year.
(P) "Local district pension system" means any school
teachers pension fund created in any school district of the state
in accordance with the laws of the state prior to September 1,
1920.
(Q) "Employer contribution" means the amount paid by an
employer, as determined by the employer rate, including the
normal and deficiency rates, contributions, and funds wherever
used in this chapter.
(R) "Five years of service credit," for the exclusive
purpose of satisfying the service credit requirements and
determining eligibility for benefits under section 3307.38 of the
Revised Code, means employment covered under this chapter and
employment covered under a former retirement plan operated,
recognized, or endorsed by a college, institute, university, or
political subdivision of this state prior to coverage under this
chapter.
(S) "Actuary" means the actuarial consultant to the state
teachers retirement board, who shall be either of the following:
(1) A member of the American academy of actuaries;
(2) A firm, partnership, or corporation of which at least
one person is a member of the American academy of actuaries.
(T) "Fiduciary" means a person who does any of the
following:
(1) Exercises any discretionary authority or control with
respect to the management of the system, or with respect to the
management or disposition of its assets;
(2) Renders investment advice for a fee, direct or
indirect, with respect to money or property of the system;
(3) Has any discretionary authority or responsibility in
the administration of the system.
(U)(1) Except as otherwise provided in this division,
"compensation" means all salary, wages, and other earnings paid
to a teacher by reason of the teacher's employment, including compensation
paid pursuant to a supplemental contract. The salary, wages,
and other earnings shall be determined prior to determination of
the amount required to be contributed to the teachers' savings
fund under section 3307.51 of the Revised Code and without regard
to whether any of the salary, wages, or other earnings are
treated as deferred income for federal income tax purposes.
(2) Compensation does not include any of the following:
(a) Payments for accrued but unused sick leave or personal
leave, including payments made under a plan established pursuant
to section 124.39 of the Revised Code or any other plan
established by the employer;
(b) Payments made for accrued but unused vacation leave,
including payments made pursuant to section 124.13 of the Revised
Code or a plan established by the employer;
(c) Payments made for vacation pay covering concurrent
periods for which other salary, compensation, or benefits under
this chapter are paid;
(d) Amounts paid by the employer to provide life
insurance, sickness, accident, endowment, health, medical,
hospital, dental, or surgical coverage, or other insurance for
the teacher or the teacher's family, or amounts paid by the
employer to the teacher in lieu of providing the insurance;
(e) Incidental benefits, including lodging, food, laundry,
parking, or services furnished by the employer, use of the
employer's property or equipment, and reimbursement for
job-related expenses authorized by the employer, including moving
and travel expenses and expenses related to professional
development;
(f) Payments made by the employer in exchange for a
member's waiver of a right to receive any payment, amount, or
benefit described in division (U)(2) of this section;
(g) Payments by the employer for services not actually
rendered;
(h) Any amount paid by the employer as a retroactive
increase in salary, wages, or other earnings, unless the increase
is one of the following:
(i) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for teaching and not designated for being an administrator
issued under section 3319.22 of the Revised Code that is
paid in accordance with uniform criteria applicable to all
members employed by the board in positions requiring the
licenses;
(ii) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for being an administrator issued under section 3319.22 of
the Revised Code that is paid in accordance
with uniform criteria applicable to all members employed by the
board in positions requiring the licenses;
(iii) A retroactive increase paid to a member employed by
a school district board of education as a superintendent that is
also paid as described in division (U)(2)(h)(i) of this section;
(iv) A retroactive increase paid to a member employed by
an employer other than a school district board of education in
accordance with uniform criteria applicable to all members
employed by the employer.
(i) Payments made to or on behalf of a teacher that are in
excess of the annual compensation that may be taken into account
by the retirement system under division (a)(17) of section 401 of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
401(a)(17), as amended. For a teacher who first establishes
membership before July 1, 1996, the annual compensation that may be
taken into account by the retirement system shall be determined under
division (d)(3) of section 13212 of the "Omnibus
Budget Reconciliation Act of 1993," Pub.
L. 103-66, 107 Stat. 472.
(j) Payments made under division (B) or (D) of section
5923.05 of the Revised Code or Section 4 of Substitute
Senate Bill No. 3 of the 119th general
assembly;
(k) Anything of value received by the teacher that is
based on or attributable to retirement or an agreement to retire.
(3) The retirement board shall determine by rule both of
the following:
(a) Whether particular forms of earnings are included in
any of the categories enumerated in this division;
(b) Whether any form of earnings not enumerated in this
division is to be included in compensation.
Decisions of the board made under this division shall be
final.
(V) "Retirant" means any former member who is granted age
and service retirement as provided in sections 3307.38, 3307.39,
3307.41, and 3307.50 of the Revised Code.
(W) "Disability benefit recipient" means a member who is
receiving a disability benefit.
Sec. 3307.04. The general administration and the management of the state
teachers retirement system is hereby vested in the state teachers retirement
board, which shall adopt rules and regulations necessary for the
fulfillment of its duties and responsibility RESPONSIBILITIES
under Chapter 3307. of the Revised Code. The board shall adopt policies for
the operation of the system, and the investment of funds as provided by
section 3307.15 of the Revised Code, and may authorize its administrative
officers, or committees composed of board members, to act for the board in
accord with such policies and subject to subsequent approval by the board.
The attorney general shall prescribe procedures for the adoption of rules
authorized under this chapter, consistent with the provision of section 111.15
of the Revised Code under which all rules shall be filed in order to be
effective. Such procedures shall establish methods by which notice of
proposed rules are IS given to interested parties and rules adopted by
the board published and otherwise made available.
WHEN IT FILES A RULE WITH THE JOINT COMMITTEE ON AGENCY
RULE REVIEW PURSUANT TO SECTION 111.15 OF THE
REVISED
CODE, THE BOARD SHALL SUBMIT TO
THE OHIO RETIREMENT STUDY
COUNCIL A COPY OF THE FULL TEXT OF THE RULE, AND IF APPLICABLE,
A COPY OF THE
RULE SUMMARY AND
FISCAL ANALYSIS REQUIRED BY DIVISION
(B) OF SECTION 127.18 OF THE
REVISED
CODE.
All rules adopted pursuant to this chapter, prior to the effective date of
this section AUGUST 20, 1976, shall be
published and made available to interested parties by January 1, 1977.
Sec. 3307.28. The membership of any person in the state
teachers retirement system shall cease on
occurrence of any of the following: receipt of payment pursuant to
section 3307.46 of the Revised Code; retirement as provided in
section 3307.38 or 3307.39 of the Revised Code; death; or denial of
membership pursuant to section 3307.27 of the Revised Code.
A EXCEPT AS PROVIDED IN THIS SECTION, A member or former member
of the state teachers retirement
system with at least one and one-half years of contributing
service credit in this system, the public employees retirement
system, the school employees retirement system, the police and
firemen's disability and pension fund, or the state highway
patrol retirement system after the withdrawal
and cancellation of service credit in this system may restore all
or part of such service credit by repayment of the amount withdrawn. To
this amount shall be added
interest at a rate per annum, compounded annually, to be
determined by the retirement board. Interest shall be payable
from the first of the month of withdrawal through the month of
repayment. A member may choose to purchase only part
of such credit in any one payment. The cost for restoring partial
service shall be calculated as the proportion that it bears to
the total cost at the time of purchase and is subject to the
rules established by the board. IF A FORMER MEMBER IS ELIGIBLE TO BUY THE
SERVICE CREDIT AS A MEMBER OF THE
POLICE AND FIREMEN'S DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL
RETIREMENT SYSTEM, THE FORMER MEMBER IS INELIGIBLE TO RESTORE THAT SERVICE
CREDIT UNDER THIS SECTION.
The total payment to restore canceled service
credit shall be credited as follows:
(A) The amount that equals contributions made pursuant to section
3307.51 of the Revised Code, plus
any interest on the contributions paid by the
member pursuant to this section, to the member's account in the teachers'
savings fund;
(B) The amount that equals the amount paid under section 3307.80
of the Revised Code, to the employers trust fund;
(C) The remainder of the payment to restore canceled service
credit, to the guarantee fund.
Sec. 3307.35. An employer may establish a retirement
incentive plan for its employees who are members of the state
teachers retirement system. The plan shall provide for purchase
by the employer of service credit for eligible employees who
choose to participate in the plan and for payment by the employer
of the entire cost of such service credit. A plan established
under this section shall remain in effect until terminated by the
employer, except that, once established, the plan must remain in
effect for at least one year.
An employee who is a member of the state teachers
retirement system shall be eligible to participate in a
retirement incentive plan if the employee has attained age
fifty and the employee
agrees to retire and retires under section 3307.38 of the Revised
Code effective within ninety days after receiving notice from the
state teachers retirement system that service credit has been
purchased for the member under this section.
Participation in the plan shall be available to all
eligible employees except that the employer may limit the number
of persons for whom it purchases credit in any calendar year to a
specified percentage of its employees who are members of the
state teachers retirement system on the first day of January of
that year. The percentage shall not be less than five per cent
of such employees. If participation is limited, employees with a
greater length of service with the employer have the right to
elect to have credit purchased before employees with a lesser
length of service with the employer.
The amount of service credit purchased for any participant
shall be uniformly determined but shall not exceed the lesser of
the following:
(A) Five years of service credit;
(B) An amount of service credit equal to one-fifth of the
total service credited to the participant under sections 3307.02,
3307.021, 3307.022, 3307.22, 3307.28, 3307.31, 3307.311,
3307.32, 3307.41, 3307.411, 3307.412, 3307.512, 3307.513, 3307.514,
3307.52,
and 3307.73 of the Revised Code.
For each year of service credit purchased under this
section, the employer shall pay an amount specified by the state
teachers retirement board equal to the additional liability
resulting from the purchase of that year of service credit as
determined by an actuary employed by the board. Payments shall
be made in accordance with rules adopted by the board, and the
board shall notify each member when the member is credited
with service
purchased under this section.
No payment made to the state teachers retirement system
under this section shall affect any payment required by section
3307.53 of the Revised Code.
Sec. 3307.383. A member whose death occurred prior to July
1, 1973, who at the time of death had more than thirty-four but
less than thirty-five years of service credit shall be presumed
to have completed thirty-five years of such credit. Any member
whose death occurred on or after July 1, 1973, but prior to
August 20, 1976, and who at the time of death had more than
thirty-one but less than thirty-two years of service credit shall
be presumed to have completed thirty-two years of such credit.
Any member whose death occurs on or after August 20, 1976, and
who at the time of death has more than twenty-nine but less than
thirty years of service credit shall be presumed to have
completed thirty years of such credit.
Upon the death of a member prior to service retirement, the
surviving spouse or dependents of the deceased member shall have
the right to purchase any service credit the member, had the
member not
died, would have been eligible to purchase pursuant to sections
3307.021, 3307.022, 3307.22, 3307.28, 3307.32, 3307.33, 3307.411,
3307.412, 3307.512,
and
3307.73 of the Revised Code upon the same terms and conditions
which the deceased member could have purchased such service
credit had the deceased member not died. Any service credit
purchased under this
section shall be applied under the provisions of this chapter in
the same manner as it would have been applied had it been
purchased by the deceased member during the deceased
member's lifetime.
Sec. 3307.411. (A) A member of the state teachers
retirement system shall, in computing years of total service, be
given full credit for time served in an Ohio police or fire
department and covered under Chapter 742. or former Chapter 521.
or 741. of the Revised Code, in the state highway patrol and
covered under Chapter 5505. of the Revised Code, in the public
employees retirement system under Chapter 145. of the Revised
Code, or in the school employees retirement system under Chapter
3309. of the Revised Code, provided that the member pays to the
state teachers retirement system the amount specified in division
(B) of this section.
(B)(1) Except as otherwise provided in division (B)(2) of
this section, for each year of service purchased under division
(A) of this section, a member shall pay the amount he
would have
paid through regular salary deductions had he been a
member of
the state teachers retirement system during his
prior employment,
with compound interest as determined by the state teachers
retirement board.
(2) For each year of service described in division (A) of
this section that commenced on or after July 1, 1989, and,
regardless of when the service commenced, for each year of
service purchased under division (A) of this section by a member
who first established membership in the retirement system on or
after July 1, 1989, a member shall pay an amount specified by the
state teachers retirement board, which shall be not less than
fifty per cent of the additional liability resulting from the
purchase of that year of service as determined by an actuary
employed by the board.
(C) A member may choose to purchase only part of the
credit he THE MEMBER is eligible to purchase under this section
in any one
payment, subject to board rules.
A member is ineligible to purchase CREDIT under this section
IF CREDIT FOR THE SERVICE MAY BE
OBTAINED FROM THE PUBLIC EMPLOYEES RETIREMENT SYSTEM OR SCHOOL
EMPLOYEES RETIREMENT SYSTEM OR IF THE CREDIT IS FOR
service that is used in the calculation of any retirement benefit
currently being paid or payable in the future to the member.
Sec. 3307.412. (A) A
MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO HAS
CONTRIBUTIONS ON DEPOSIT WITH THE POLICE AND FIREMEN'S
DISABILITY AND PENSION FUND OR THE STATE HIGHWAY PATROL
RETIREMENT SYSTEM SHALL, IN COMPUTING YEARS OF TOTAL SERVICE, BE
GIVEN FULL CREDIT FOR SERVICE CREDIT EARNED UNDER
CHAPTER 742. OR
5505. OF THE
REVISED
CODE OR PURCHASED FOR SERVICE
IN THE ARMED FORCES OF THE
UNITED
STATES IF A TRANSFER TO THE
STATE TEACHERS RETIREMENT SYSTEM IS MADE UNDER THIS DIVISION.
AT THE REQUEST OF THE MEMBER, THE POLICE AND FIREMEN'S
DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL RETIREMENT
SYSTEM SHALL TRANSFER TO THE STATE TEACHERS RETIREMENT SYSTEM, FOR EACH YEAR
OF SERVICE,
THE SUM OF THE FOLLOWING:
(1) AN AMOUNT EQUAL TO THE MEMBER'S PAYMENTS FOR
SERVICE IN THE ARMED FORCES OF THE
UNITED
STATES AND ACCUMULATED
CONTRIBUTIONS TO THE TRANSFERRING FUND OR SYSTEM;
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S
CONTRIBUTIONS TO THE POLICE AND FIREMEN'S DISABILITY AND PENSION
FUND OR STATE HIGHWAY PATROL RETIREMENT SYSTEM OR THE AMOUNT
THAT WOULD HAVE BEEN CONTRIBUTED BY THE EMPLOYER FOR THE SERVICE
HAD THE MEMBER BEEN A MEMBER OF THE STATE TEACHERS RETIREMENT
SYSTEM;
(3) INTEREST, DETERMINED AS PROVIDED IN DIVISION
(E) OF THIS SECTION, ON THE
AMOUNTS SPECIFIED IN DIVISIONS
(A)(1) AND (2) OF THIS SECTION
FROM THE LAST DAY
OF THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH
MILITARY SERVICE CREDIT WAS PURCHASED OR OBTAINED
TO THE DATE THE TRANSFER
IS MADE.
(B) A MEMBER WHO HAS
AT LEAST EIGHTEEN MONTHS OF CONTRIBUTING SERVICE WITH THE STATE
TEACHERS RETIREMENT SYSTEM, IS A FORMER MEMBER OF THE POLICE AND
FIREMEN'S DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL
RETIREMENT SYSTEM, AND HAS RECEIVED A REFUND OF CONTRIBUTIONS TO
THAT FUND OR SYSTEM SHALL, IN COMPUTING YEARS OF TOTAL SERVICE,
BE GIVEN FULL CREDIT FOR SERVICE CREDIT EARNED UNDER
CHAPTER 742. OR 5505.
OF THE REVISED
CODE OR PURCHASED FOR SERVICE
IN THE ARMED FORCES OF THE
UNITED
STATES IF, FOR EACH YEAR OF
SERVICE, THE STATE TEACHERS RETIREMENT SYSTEM RECEIVES THE SUM
OF THE FOLLOWING:
(1) AN AMOUNT, WHICH SHALL BE PAID BY THE MEMBER, EQUAL
TO THE AMOUNT REFUNDED BY THE POLICE AND FIREMEN'S DISABILITY
AND PENSION FUND OR THE STATE HIGHWAY PATROL RETIREMENT SYSTEM
TO THE MEMBER FOR THAT YEAR FOR ACCUMULATED CONTRIBUTIONS AND
PAYMENTS FOR PURCHASE OF CREDIT FOR SERVICE IN THE ARMED FORCES
OF THE UNITED
STATES, WITH INTEREST FROM THE
DATE OF THE LAST CONTRIBUTION UNDER
CHAPTER 742. OR 5505.
OF THE REVISED
CODE TO THE DATE OF THE
PAYMENT;
(2) AN AMOUNT, WHICH SHALL BE TRANSFERRED BY THE POLICE
AND FIREMEN'S DISABILITY AND PENSION FUND OR STATE HIGHWAY
PATROL RETIREMENT SYSTEM, EQUAL TO THE LESSER OF THE AMOUNT
CONTRIBUTED BY THE EMPLOYER TO THE POLICE AND FIREMEN'S
DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL RETIREMENT
SYSTEM FOR THAT YEAR OR THE AMOUNT THAT WOULD HAVE BEEN
CONTRIBUTED BY THE EMPLOYER FOR THE YEAR HAD THE MEMBER BEEN A
MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM, WITH INTEREST
FROM THE LAST
DAY
OF THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH
MILITARY SERVICE CREDIT WAS PURCHASED OR OBTAINED
TO THE DATE OF THE
TRANSFER.
ON RECEIPT OF PAYMENT FROM THE MEMBER, THE STATE
TEACHERS RETIREMENT SYSTEM SHALL NOTIFY THE POLICE AND FIREMEN'S
DISABILITY AND PENSION FUND OR THE STATE HIGHWAY PATROL
RETIREMENT SYSTEM, WHICH, ON RECEIPT OF THE NOTICE, SHALL MAKE
THE TRANSFER REQUIRED BY THIS DIVISION. INTEREST SHALL BE
DETERMINED AS PROVIDED IN DIVISION
(E) OF THIS SECTION.
A MEMBER MAY CHOOSE TO PURCHASE ONLY PART OF THE CREDIT
THE MEMBER IS ELIGIBLE TO PURCHASE UNDER THIS DIVISION IN ANY
ONE PAYMENT, SUBJECT TO RULES OF THE STATE TEACHERS RETIREMENT
BOARD.
(C) A MEMBER IS
INELIGIBLE TO OBTAIN CREDIT UNDER THIS SECTION FOR SERVICE THAT
IS USED IN THE CALCULATION OF ANY RETIREMENT BENEFIT CURRENTLY
BEING PAID OR PAYABLE IN THE FUTURE.
(D) IF A MEMBER OF
THE STATE TEACHERS RETIREMENT SYSTEM WHO IS NOT A CURRENT
CONTRIBUTOR ELECTS TO OBTAIN CREDIT UNDER SECTION 742.379 OR
5505.202 OF THE REVISED CODE FOR SERVICE FOR WHICH THE
MEMBER CONTRIBUTED TO THE STATE TEACHERS RETIREMENT SYSTEM OR
PURCHASED CREDIT FOR SERVICE IN THE ARMED FORCES OF THE
UNITED
STATES, THE STATE TEACHERS
RETIREMENT SYSTEM SHALL TRANSFER TO THE POLICE AND FIREMEN'S
DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL RETIREMENT
SYSTEM, AS APPLICABLE, THE AMOUNT SPECIFIED IN DIVISION
(C)(2) OF SECTION 742.379 OR
DIVISION (B)(2) OF SECTION
5505.202 OF THE REVISED CODE.
(E) INTEREST CHARGED FOR
ANY SERVICE CREDIT OBTAINED UNDER THIS SECTION SHALL BE
CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE CREDIT AT THE
LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE
STATE TEACHERS RETIREMENT SYSTEM OR OF THE FUND OR RETIREMENT
SYSTEM IN WHICH THE CREDIT WAS EARNED. THE INTEREST SHALL BE
COMPOUNDED ANNUALLY.
(F) THE STATE TEACHERS RETIREMENT
BOARD SHALL CREDIT TO A MEMBER'S ACCOUNT IN THE TEACHERS'
SAVINGS FUND THE AMOUNTS DESCRIBED IN DIVISIONS
(A)(1) AND
(B)(1) OF THIS SECTION, EXCEPT
THAT THE INTEREST PAID BY THE MEMBER UNDER DIVISION (B)(1) OF
THIS SECTION SHALL BE CREDITED TO THE EMPLOYERS' TRUST FUND.
THE BOARD SHALL CREDIT TO THE EMPLOYERS' TRUST FUND THE AMOUNTS
DESCRIBED IN DIVISIONS (A)(2),
(3), AND (B)(2) OF THIS
SECTION.
Sec. 3307.42. (A) The state teachers retirement system
shall provide disability coverage to each member who has at least
five years of total service credit.
Not later than October 16, 1992, the state teachers
retirement board shall give each person who is a member on the
effective date of this amendment JULY 29, 1992,
the opportunity to elect disability coverage either under section 3307.43 of
the Revised Code or under section 3307.431 of the Revised Code. The board
shall mail notice of the election, accompanied by an explanation
of the coverage under each of the Revised Code sections and a
form on which the election is to be made, to each member at his THE
MEMBER'S last known address. The board shall also provide the explanation
and form to any member at his ON THE MEMBER'S request.
Regardless of whether the member actually receives notice
of his THE right to make an election, a member who fails to file
a valid election under this section shall be considered to have
elected disability coverage under section 3307.43 of the Revised
Code. To be valid, an election must be made on the form provided
by the retirement board, signed by the member, and filed with the
board not later than one hundred eighty days after the date the
notice was mailed, or, in the case of a form provided at the
request of a member, a date specified by rule of the retirement
board. Once made, an election is irrevocable, but if the member
ceases to be a member of the retirement system, the election is
void. If a person who makes an election under this section also
makes an election under section 145.35 or 3309.39 of the Revised
Code, the election made for the system that pays a disability
benefit to that person shall govern the benefit.
Disability coverage shall be provided under section
3307.431 of the Revised Code for persons who become members after
the effective date of this amendment JULY 29,
1992, and for members who elect under this division to be covered under
section
3307.431 of the Revised Code.
The retirement board may adopt rules governing elections
made under this division.
(B) Application for a disability benefit may be made by a
member, by a person acting in his THE MEMBER'S behalf, or by the
member's
employer, provided the member has at least five years of total
service credit and has disability coverage under section 3307.43
or 3307.431 of the Revised Code. The application for a
disability benefit shall be made on a form approved by the state
teachers retirement board. The benefit payable to any member
whose application is approved shall become effective on the first
day of the month next following the later of the following:
(1) The last day for which compensation was paid;
(2) The attainment of eligibility for a disability
benefit.
(C) NOT LATER THAN FOURTEEN DAYS AFTER RECEIVING AN
APPLICATION FOR A DISABILITY BENEFIT FROM A MEMBER OR A PERSON ACTING ON
BEHALF OF A MEMBER, THE BOARD
SHALL NOTIFY THE MEMBER'S EMPLOYER THAT AN APPLICATION HAS BEEN
FILED. THE NOTICE SHALL STATE THE MEMBER'S NAME AND SOCIAL
SECURITY NUMBER. NOT LATER THAN TWENTY-EIGHT DAYS
AFTER RECEIVING THE NOTICE OR FILING AN APPLICATION ON BEHALF OF
A MEMBER, THE EMPLOYER SHALL FORWARD TO THE BOARD A
STATEMENT CERTIFYING THE MEMBER'S JOB DESCRIPTION
AND ANY OTHER INFORMATION REQUIRED BY THE BOARD TO PROCESS THE APPLICATION.
THE BOARD SHALL MAINTAIN THE INFORMATION SUBMITTED BY
THE EMPLOYER IN THE MEMBER'S FILE.
(D) Medical examination of the member shall be conducted
by a competent, disinterested physician or physicians selected by
the retirement board to determine whether the member is mentally
or physically incapacitated for the performance of duty by a
disabling condition, either permanent or presumed to be permanent
for twelve continuous months following the filing of an
application. Such THE
disability must have occurred since last
becoming a member, or it must have increased since last becoming
a member to such an extent as to make the disability permanent or
presumably permanent for twelve continuous months following the
filing of an application.
(D)(E) Application for a disability benefit must be made
within two years from the date the member's contributing service
terminated, unless the retirement board determines that the
member's medical records demonstrate conclusively that at the
time the two-year period expired, the member was physically or
mentally incapacitated for duty as a teacher and unable to make
application. Application may not be made by any person receiving
service retirement benefits under section 3307.38 or 3307.39 of
the Revised Code or any person who, pursuant to section 3307.46
of the Revised Code, has been paid the accumulated contributions
standing to the credit of his THE PERSON'S individual account in
the teachers' savings fund.
(E)(F) If such THE physician or physicians
determine that
the member qualifies for a disability benefit, and the retirement
board concurs with such THE determination, AND THE MEMBER
AGREES TO MEDICAL TREATMENT AS SPECIFIED IN DIVISION (H) OF THIS
SECTION, the member shall receive a
disability benefit under section 3307.43 or 3307.431 of the
Revised Code. If such physician or physicians determine that the
member does not qualify for a disability benefit, the report of
the examiner or examiners shall be evaluated by a board of
medical review composed of three physicians appointed by the
retirement board.
(F)(G) The state teachers retirement board shall render an
order determining whether or not the applicant shall be granted a
disability benefit. Notification to the applicant shall be
issued, and upon the request of an applicant who is denied a
disability benefit, a hearing or appeal relative to such order
shall be conducted in accordance with procedures established by
the retirement board.
(G)(H) THE STATE TEACHERS RETIREMENT BOARD SHALL ADOPT
RULES REQUIRING EACH DISABILITY
BENEFIT RECIPIENT, AS A CONDITION OF CONTINUING TO RECEIVE A DISABILITY
BENEFIT, TO AGREE IN WRITING TO OBTAIN ANY MEDICAL
TREATMENT RECOMMENDED BY THE BOARD'S PHYSICIAN AND SUBMIT MEDICAL REPORTS
REGARDING
THE TREATMENT. IF THE BOARD DETERMINES THAT A DISABILITY BENEFIT RECIPIENT IS
NOT OBTAINING THE MEDICAL TREATMENT OR THE BOARD DOES NOT RECEIVE A REQUIRED
MEDICAL REPORT, THE DISABILITY BENEFIT SHALL BE
SUSPENDED UNTIL THE TREATMENT IS
OBTAINED, THE REPORT IS RECEIVED
BY THE BOARD, OR THE BOARD'S PHYSICIAN CERTIFIES THAT THE
TREATMENT IS NO LONGER HELPFUL OR ADVISABLE. SHOULD
THE RECIPIENT'S FAILURE TO OBTAIN TREATMENT OR SUBMIT A MEDICAL REPORT
CONTINUE FOR ONE
YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY BENEFIT SHALL BE TERMINATED.
(I) If an employer files an application for a disability
benefit as a result of a member having been separated from
service because he THE MEMBER is considered to be incapacitated
for the performance of duty, and the board denies the disability benefit,
the board shall so certify to the employer and such employer
shall restore the member to his THE MEMBER'S previous position
and salary or to a similar position and salary.
Sec. 3307.421. NOT LATER THAN
SEPTEMBER 1, 2000, AND EACH FIRST DAY OF
SEPTEMBER FOR THE SUCCEEDING FIVE YEARS, THE
STATE TEACHERS RETIREMENT BOARD SHALL MAKE AND SUBMIT A REPORT
FOR THE PRECEDING FISCAL YEAR OF THE DISABILITY RETIREMENT
EXPERIENCE OF EACH EMPLOYER. THE REPORT SHALL SPECIFY THE TOTAL
NUMBER OF DISABILITY APPLICATIONS SUBMITTED, THE STATUS OF EACH
APPLICATION AS OF THE LAST DAY OF THE FISCAL YEAR, TOTAL
APPLICATIONS GRANTED OR DENIED, AND THE PERCENTAGE OF DISABILITY
BENEFIT RECIPIENTS TO THE TOTAL NUMBER OF THE EMPLOYER'S
EMPLOYEES WHO ARE MEMBERS OF THE STATE TEACHERS RETIREMENT
SYSTEM. THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE
OHIO RETIREMENT STUDY COUNCIL,
AND THE CHAIRPERSONS OF THE STANDING COMMITTEES AND SUBCOMMITTEES OF
THE SENATE AND HOUSE OF REPRESENTATIVES WITH PRIMARY
RESPONSIBILITY FOR RETIREMENT LEGISLATION.
Sec. 3307.44. A disability benefit recipient,
notwithstanding section 3319.13 of the Revised Code, shall retain
membership in the state teachers retirement system and shall be
considered on leave of absence during the first
five years following the effective date of a disability benefit.
The state teachers retirement board shall require any
disability benefit recipient to submit to an
annual medical examination by a physician selected by the board,
except that the board may waive the medical examination if the board's
physician specifies that the recipient's disability is ongoing. If a
disability benefit recipient refuses to submit to
a medical examination, the recipient's disability benefit shall be
discontinued SUSPENDED until the recipient withdraws the
refusal. If the refusal
continues for one year, all
the recipient's rights under and to the disability benefit shall be
forfeited TERMINATED.
After
the examination, the examiner shall report and certify to the board
whether the disability benefit recipient is NO LONGER physically and
mentally capable INCAPABLE of resuming THE service
similar to that from which
the recipient was found disabled. If the board concurs in a
report by the
examining physician that the disability benefit recipient is so capable
NO LONGER INCAPABLE, the
payment of a disability benefit shall be
terminated not later than the following thirty-first day of
August or upon employment as a teacher prior thereto. If the
leave of absence has not expired, the board shall so certify to
the disability benefit recipient's last employer before
being found disabled that the recipient is capable NO LONGER
PHYSICALLY AND MENTALLY INCAPABLE of resuming
service, and if THAT IS THE SAME OR SIMILAR TO THAT FROM WHICH THE
RECIPIENT WAS FOUND DISABLED. IF
the
recipient was under contract at the time the recipient
was found disabled, the employer by
the first day of the next succeeding year shall restore the
recipient to the recipient's previous position and
salary or to a position and salary
similar thereto, UNLESS THE
RECIPIENT WAS DISMISSED OR RESIGNED IN LIEU OF DISMISSAL FOR
DISHONESTY, MISFEASANCE, MALFEASANCE, OR CONVICTION OF A
FELONY.
A disability benefit shall terminate if the
disability benefit recipient becomes employed as a teacher in any
public or private school or institution in this state or
elsewhere. An individual receiving a disability
benefit from the
state teachers retirement system shall be ineligible for any
employment as a teacher and it shall be unlawful for any employer
to employ the individual as a teacher. If any
employer should
employ or reemploy the individual prior to the
termination of a disability benefit, the
employer shall file notice of employment with the state teachers
retirement board designating
the date of the employment. If the
individual should be paid both
a disability benefit and also compensation for teaching service
for all or any part of the same month, the secretary of the state
teachers retirement board shall certify to the employer or to the
superintendent of public instruction the amount of the disability
benefit received by the individual during
the employment, which
amount shall be deducted from any amount due the employing
district under Chapter 3317. of the Revised Code or shall be paid
by the employer to the annuity and pension reserve fund.
The board may adopt rules requiring each EACH disability
benefit
recipient to SHALL file WITH THE BOARD an annual
statement of earnings and, current
medical information on his THE
RECIPIENT'S condition, AND ANY OTHER INFORMATION REQUIRED IN
RULES ADOPTED BY THE
BOARD.
THE BOARD SHALL ANNUALLY EXAMINE THE INFORMATION SUBMITTED BY THE
RECIPIENT. IF A DISABILITY BENEFIT RECIPIENT REFUSES TO FILE THE STATEMENT OR
INFORMATION,
THE DISABILITY BENEFIT SHALL BE SUSPENDED UNTIL
THE STATEMENT AND INFORMATION ARE FILED. IF THE REFUSAL CONTINUES FOR ONE
YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY
BENEFIT SHALL BE TERMINATED.
A disability benefit also may be terminated by the board at
the request of the disability benefit recipient.
If disability retirement under section 3307.43 of the
Revised Code is terminated for any reason, the annuity and
pension reserves at that time in the annuity and pension reserve
fund shall be transferred to the teachers' savings fund and the
employers' trust fund, respectively. If the total disability
benefit paid was less than the amount of the accumulated
contributions of the member transferred to the annuity and
pension reserve fund at the time of the member's disability
retirement, then the difference shall be transferred from the annuity and
pension reserve fund to another fund as required. In
determining the amount of a member's account following the
termination of disability retirement for any reason, the total
amount paid shall be charged against the member's refundable
account.
If a disability allowance paid under section 3307.431 of
the Revised Code is terminated for any reason, the reserve on the
allowance at that time in the annuity and pension reserve fund
shall be transferred from that fund to the employers' trust fund.
If a former disability benefit recipient again becomes a
contributor, other than as an other system retirant under section
3307.381 of the Revised Code, to this retirement system, the
school employees retirement system, or the public employees
retirement system, and completes at least two additional years of
service credit, the former disability benefit recipient shall
receive credit for the period as a disability benefit recipient.
Sec. 3307.49. (A) As used in this section, "physically or
mentally incompetent" means incapable of earning a living because
of a physically or mentally disabling condition. Physical or
mental incompetency may be determined by a court or by a doctor
of medicine or osteopathic medicine appointed by the state
teachers retirement board.
(B) For the purposes of this section:
(1) To qualify as a "surviving spouse," the spouse of a
deceased member of the state teachers retirement system must be
one of the following:
(a) Age sixty-two or any age if the deceased member had
ten or more years of Ohio service credit;
(b) Caring for a dependent child;
(c) Adjudged physically or mentally incompetent;
(d) Any age if the deceased member was eligible for a
service retirement allowance as provided in section 3307.38 of
the Revised Code and the surviving spouse elects to receive a
benefit under division (C)(1) of this section.
(2)(a) To qualify as a "dependent child," the child of a
deceased member must meet all of the following:
(i) Be unmarried;
(ii) Be under age eighteen, or under age twenty-two if
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 such institution and as further determined by board policy, or
any age if adjudged physically or mentally incompetent;
(iii) Have been domiciled in the member's household at the
time of the member's death unless the deceased member contributed
to
one-half or more of the child's support during the twelve-month
period prior to the member's death.
(b) If a court hearing for an interlocutory decree for
adoption was held prior to the member's death, a child who meets
the conditions of division (B)(2)(a) of this section qualifies as
a dependent child if a final decree of adoption adjudging the
member's spouse as the adoptive parent is made subsequent to the
member's death.
(3) To qualify as a "dependent parent," the parent of a
deceased member must be age sixty-five or older and have received
at least one-half of the parent's support from the member during
the
twelve-month period immediately preceding the member's death.
(4) A person is a "qualified dependent" if the person qualifies as
a surviving spouse, dependent child, or dependent parent.
(C) In lieu of accepting the payment of the accumulated
account of a member who dies before service retirement, a
beneficiary, as determined in section 3307.48 of the Revised
Code, may elect to forfeit the accumulated account and to
substitute benefits under this division.
(1) If a deceased member was eligible for a service
retirement allowance as provided in section 3307.38 or 3307.39 of
the Revised Code, a surviving spouse, a qualified dependent
designated as the member's sole beneficiary pursuant to division
(B) of section 3307.48 of the Revised Code, or an individual
designated as the member's sole beneficiary pursuant to division
(B) of section 3307.48 of the Revised Code who received one-half
or more of support from the member during the twelve-month
period preceding the member's death may elect to receive a
monthly benefit computed as the joint-survivor allowance
designated as option 1 in section 3307.50 of the Revised Code,
which the member would have received had the member retired on the
last
day of the month of death and had the member at that time selected
such
joint-survivor plan. Payment shall begin with the month
subsequent to the member's death.
(2) If a deceased member had completed at least one and
one-half years of credit for Ohio service, with at least
one-quarter year of Ohio contributing service credit within the
two and one-half years prior to the date of death, or was
receiving at the time of death a disability benefit as provided
in section 3307.43 or 3307.431 of the Revised Code, a surviving
spouse or other qualified dependent beneficiary may elect to
receive monthly benefits as provided in division (C)(2) of this
section. The surviving spouse or other qualified dependent
beneficiary shall elect one of the following methods of
calculating benefits elected under division (C)(2) of this
section, which shall remain in effect without regard to any
change in the number of qualified dependents:
(a) Number | Annual benefit as a | OR |
of qualified | per cent of member's | Monthly benefit |
dependents | final average salary | shall not be |
| | less than or |
1 | 25% | $ 96 |
2 | 40 | 186 |
3 | 50 | 236 |
4 | 55 | 236 |
5 or more | 60 | 236 |
| Annual benefit as a |
| per cent of member's |
(b) Years of service | final average salary |
20 | 29% |
21 | 33 |
22 | 37 |
23 | 41 |
24 | 45 |
25 | 48 |
26 | 51 |
27 | 54 |
28 | 57 |
29 | 60 |
(D) If a benefit is calculated pursuant to division
(C)(2)(a) of this section, benefits to a surviving spouse shall
be paid in the amount determined for the first qualifying
dependent in division (C)(2)(a) of this section, but shall not be
less than one hundred six dollars per month if the deceased
member had ten or more years of Ohio service credit. All other
qualifying dependents shall share equally in the benefit or
remaining portion thereof.
If a benefit is calculated pursuant to division (C)(2)(b)
of this section and is payable to more than one qualified
dependent, the benefit shall be apportioned equally among the
qualified dependents, except that if there is a surviving spouse,
the portion of the benefit allocated to the surviving spouse
shall be as follows:
Number of dependents | Spouse's share of total benefit |
2 | 62.5% |
3 | 50.0% |
4 | 45.45% |
5 or more | 41.67% |
(E) Benefits payable under division (C)(2) of this section
shall begin or resume on the first day of the month following the
day a person becomes a qualified dependent and terminate or be
suspended on the first day of the month following the day he THE
PERSON
ceases to be a qualified dependent.
Benefits to a qualified dependent shall terminate upon
A FIRST marriage, remarriage, abandonment, adoption, or during
active
military service, except that benefits. BENEFITS
terminated under this
division PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT due to a first
remarriage shall resume if
either of the
following occurs:
(1) The remarriage ceases within two years due to divorce,
annulment, dissolution, or death;
(2) Regardless
of its duration, the remarriage
ceases due
to divorce, annulment, dissolution, or death and the dependent
attains or has attained age fifty-five.
If benefits to a qualified dependent have been WERE terminated
under this
division PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT due to a first
remarriage and, regardless of its duration, the
remarriage has ceased due to divorce, annulment, dissolution, or death and if
the dependent had attained age fifty-five but not yet attained age sixty-two
before the effective date of this amendment JUNE 5,
1996, the benefits terminated under
this division shall resume on the first day of the month immediately
following
the effective date of this amendment JUNE 5, 1996.
If the surviving spouse of a deceased member remarries on or after
the effective date of this amendment
and at the time of
the remarriage has attained age fifty-five, the
benefits provided by
this division shall continue. The benefits provided by this division also
shall continue to a deceased member's surviving spouse who remarried prior to
the effective date of this amendment
and had attained age sixty-two at the
time of remarriage. If the benefits of a deceased
member's surviving spouse were terminated under this division PRIOR TO THE
EFFECTIVE DATE OF THIS AMENDMENT due to a
remarriage occurring on or after February 15, 1995, and if at the
time of remarriage the surviving spouse had attained age fifty-five, the
benefits terminated under this division shall resume on the first day of the
month immediately following the effective date of this amendment
JUNE 5, 1996.
Upon
UPON the death of any subsequent
spouse who was a member of the public employees retirement
system, state teachers retirement system, or school employees
retirement system, the surviving spouse of such member may elect
to continue receiving benefits under this division, or to receive
survivor's benefits, based upon the subsequent spouse's
membership in one or more of the systems, for which such
surviving spouse is eligible under this section or section 145.45
or 3309.45 of the Revised Code. If the surviving spouse elects
to continue receiving benefits under this division, such election
shall not preclude the payment of benefits under this division to
any other qualified dependent.
(F) The beneficiary of a member who is also a member of
the public employees retirement system, or the school employees
retirement system, must forfeit the member's accumulated
contributions in those systems, if the beneficiary elects to receive
a benefit
under division (C) of this section. Such benefit shall be
exclusively governed by section 3307.41 of the Revised Code.
(G) If the benefits due and paid under division (C) of
this section are in a total amount less than the member's
accumulated account that was transferred from the teachers'
savings fund, school employees retirement fund, and public
employees retirement fund, to the survivors' benefit fund, then
the difference between the total amount of the benefits paid
shall be paid to the beneficiary under section 3307.48 of the
Revised Code.
(H) On and after March 29, 1988:
(1) Regardless of age, if the surviving spouse of a
deceased member who died prior to March 29, 1988, with ten or
more years of Ohio service credit has elected to receive monthly
benefits under division (C)(2) of this section, the surviving
spouse shall receive the benefits.
(2) Benefits to a surviving spouse that were terminated
prior to March 29, 1988, due to a first remarriage shall resume,
regardless of the duration of the remarriage, if the remarriage
has ceased due to divorce, annulment, dissolution, or death and
the surviving spouse attains or has attained age sixty-two.
Sec. 3307.73. The state teachers retirement board shall
credit years of service to a member who was employed for teaching
service by an employer who failed to make retirement
contributions to the state teachers retirement system during any
year or years beginning on or after September 1, 1920, if the
member deposits in the teachers' savings fund a per cent of his THE
MEMBER'S
annual compensation for such service, at the rate of contribution
then in effect, plus interest compounded annually at a rate
established by the retirement board. The member may choose to
purchase only part of such credit in any one payment, subject to
board rules.
Such THE employer shall, upon the request of such member,
certify the amount of such compensation by years of employment to
the secretary of the retirement board. FOR TEACHING SERVICE ON OR
AFTER JULY 1, 1978, THE EMPLOYER SHALL PAY AN AMOUNT EQUAL TO THE
EMPLOYER CONTRIBUTIONS DUE AT THE TIME THE SERVICE OCCURRED, PLUS COMPOUND
INTEREST AT A RATE DETERMINED BY THE BOARD FROM THE DATE THE SERVICE BEGAN TO
THE DATE OF PAYMENT.
Sec. 3309.011. "Employee" as defined in division (B) of section 3309.01 of
the Revised Code, does not include either of the following:
(A) Any person having a license issued pursuant
to sections 3319.22 to 3319.31 of the Revised Code and employed in a public
school in this state in an educational position, as
determined by the state board of education, under programs provided for by
federal acts or regulations and financed in whole or in part from federal
funds, but for which no licensure requirements for the position can be made
under the provisions of such federal acts or regulations;
(B) Any person who participates in an alternative retirement plan established
under Chapter 3305. of the Revised Code;
(C) ANY PERSON WHO
ELECTS TO TRANSFER FROM THE SCHOOL EMPLOYEES RETIREMENT SYSTEM
TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM UNDER SECTION 3309.312
OF THE REVISED
CODE;
(D) ANY PERSON WHOSE FULL-TIME EMPLOYMENT
BY THE UNIVERSITY OF AKRON AS A STATE UNIVERSITY LAW
ENFORCEMENT OFFICER PURSUANT TO SECTION 3345.04 of the Revised Code COMMENCES ON OR AFTER THE
EFFECTIVE DATE OF THIS SECTION.
Sec. 3309.04. The general administration and management of the school
employees retirement system and making effective Chapter 3309. of the Revised
Code are hereby vested in the school employees retirement board which may
adopt rules and may authorize its administrative officers, or committees
composed of members of said board, to act for the board in accord with such
policies and subject to subsequent approval by the board.
The attorney general shall prescribe procedures for the adoption of rules
authorized under this chapter, consistent with the provision of section 111.15
of the Revised Code under which all rules shall be filed in order to be
effective. Such procedures shall establish methods by which notice of
proposed rules are IS given to interested parties and rules adopted by
the board published and otherwise made available.
WHEN IT FILES A RULE WITH THE JOINT COMMITTEE ON AGENCY
RULE REVIEW PURSUANT TO SECTION 111.15 OF THE
REVISED CODE, THE BOARD SHALL SUBMIT TO
THE OHIO RETIREMENT STUDY
COUNCIL A COPY OF THE FULL TEXT OF THE RULE, AND IF APPLICABLE,
A COPY OF THE RULE SUMMARY AND FISCAL ANALYSIS REQUIRED BY DIVISION
(B) OF SECTION 127.18 OF THE REVISED CODE.
All rules adopted pursuant to this chapter, prior to the effective date of
this section AUGUST 20, 1976, shall be published and
made available to interested parties by January 1, 1977.
Sec. 3309.26. The membership of any person in the school
employees retirement system shall terminate if he THE PERSON
withdraws his THE PERSON'S accumulated contributions, or if
he retires on a retirement
allowance as provided in sections 3309.36, 3309.38, and 3309.381
of the Revised Code, or if he dies, unless otherwise provided in
Chapter 3309. of the Revised Code.
A former member with an account in the employees' savings
fund who formerly lost his membership shall be reinstated as a
member with all the rights, privileges, and obligations as
provided in Chapter 3309. of the Revised Code.
A EXCEPT AS PROVIDED IN THIS SECTION, A
member or former member of the school employees
retirement system with at least one and one-half years of
contributing service credit in this system, the public employees
retirement system, the state teachers retirement system, the
police and firemen's disability and pension fund, or the state
highway patrol retirement system, subsequent to the withdrawal of
contributions and cancellation of service credit in this system
may restore such service credit by redepositing in the employees'
savings fund the amount withdrawn with interest at a rate to be
determined by the board, compounded annually, from the first of
the month of withdrawal to and including the month of redeposit.
A member may choose to purchase only part of such credit in any
one payment, subject to board rules. The total payment to
restore cancelled service credit, plus any interest credited
thereto, shall be considered as accumulated contributions of the
member. IF A FORMER MEMBER IS ELIGIBLE TO BUY THE SERVICE CREDIT AS A
MEMBER OF THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND OR STATE
HIGHWAY PATROL RETIREMENT SYSTEM, THE FORMER MEMBER IS INELIGIBLE TO RESTORE
THAT SERVICE CREDIT UNDER THIS SECTION.
Sec. 3309.312. (A) NOT
LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,
A MEMBER WHO, ON THE EFFECTIVE DATE OF THIS SECTION, IS EMPLOYED
FULL-TIME PURSUANT TO SECTION 3345.04 OF THE REVISED CODE BY
THE UNIVERSITY OF AKRON AS A STATE UNIVERSITY LAW ENFORCEMENT OFFICER
MAY ELECT TO TRANSFER TO
THE PUBLIC EMPLOYEES RETIREMENT SYSTEM IN ACCORDANCE WITH THIS
SECTION. AN ELECTION SHALL BE MADE BY GIVING NOTICE TO THE
SCHOOL EMPLOYEES RETIREMENT SYSTEM ON A FORM PROVIDED BY THE
SCHOOL EMPLOYEES RETIREMENT BOARD AND SHALL BE
IRREVOCABLE.
(B) WHEN A MEMBER MAKES
THE ELECTION DESCRIBED IN DIVISION
(A) OF THIS SECTION, THE SCHOOL
EMPLOYEES RETIREMENT SYSTEM SHALL NOTIFY THE PUBLIC EMPLOYEES
RETIREMENT SYSTEM. THE SCHOOL EMPLOYEES RETIREMENT SYSTEM SHALL
TRANSFER ALL OF THE MEMBER'S SERVICE CREDIT TO THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM AND SHALL CERTIFY TO THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM A COPY OF THE MEMBER'S RECORDS OF
SERVICE AND CONTRIBUTIONS. FOR EACH YEAR OR PORTION OF A YEAR
OF CREDIT, THE SCHOOL EMPLOYEES RETIREMENT SYSTEM SHALL TRANSFER
TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM ALL OF THE
FOLLOWING:
(1) AN AMOUNT EQUAL TO THE ACCUMULATED CONTRIBUTIONS
STANDING TO THE MEMBER'S CREDIT;
(2) AN AMOUNT EQUAL TO THE TOTAL EMPLOYER CONTRIBUTIONS
PAID ON BEHALF OF THE MEMBER;
(3) ANY AMOUNT PAID BY THE MEMBER OR EMPLOYER TO THE
SCHOOL EMPLOYEES RETIREMENT SYSTEM FOR THE PURCHASE OF SERVICE
CREDIT.
AT THE REQUEST OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM,
THE EMPLOYER OF A MEMBER WHO MAKES AN ELECTION IN ACCORDANCE
WITH THIS SECTION SHALL CERTIFY TO THE PUBLIC EMPLOYEES
RETIREMENT SYSTEM THE MEMBER'S SALARY.
(C) A MEMBER WHO ELECTS TO TRANSFER TO THE PUBLIC EMPLOYEES
RETIREMENT SYSTEM UNDER THIS SECTION SHALL MAKE CONTRIBUTIONS AND RECEIVE
BENEFITS UNDER DIVISIONS (B) AND (C) OF SECTION 145.33 of the Revised Code.
(D) A MEMBER WHO FAILS
TO MAKE AN ELECTION IN ACCORDANCE WITH THIS SECTION SHALL REMAIN
A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM.
Sec. 3309.351. (A) A member of the school employees retirement
system WHO HAS CONTRIBUTIONS ON DEPOSIT WITH THE POLICE AND FIREMEN'S
DISABILITY AND PENSION FUND OR THE STATE HIGHWAY PATROL RETIREMENT SYSTEM
shall, in computing years of active TOTAL service, be given full
credit for time served in an Ohio police or fire department and
covered SERVICE CREDIT EARNED under Chapter 742. or former
Chapter 521. or 741. of the
Revised Code, or in the state highway patrol and covered under
Chapter 5505. of the Revised Code, provided that for each year of
service credit, the member pays to the school employees
retirement system the amount which he would have paid
through
regular salary deductions had he been a member of the
school
employees retirement system during such prior employment, with
interest compounded annually from the date of withdrawal to the
date of deposit at a rate to be determined by the board
OR PURCHASED FOR SERVICE IN THE ARMED FORCES OF THE UNITED
STATES IF A TRANSFER TO THE SCHOOL EMPLOYEES RETIREMENT SYSTEM IS
MADE UNDER THIS DIVISION. AT THE REQUEST OF THE MEMBER, THE POLICE AND
FIREMEN'S DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL RETIREMENT
SYSTEM SHALL TRANSFER TO THE SCHOOL EMPLOYEES RETIREMENT SYSTEM, FOR EACH YEAR
OF SERVICE, THE SUM OF THE
FOLLOWING:
(1) AN AMOUNT EQUAL TO THE MEMBER'S PAYMENTS FOR SERVICE IN THE ARMED
FORCES OF THE UNITED STATES AND ACCUMULATED CONTRIBUTIONS TO
THE TRANSFERRING FUND OR SYSTEM;
(2) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S CONTRIBUTIONS TO THE
POLICE AND FIREMEN'S DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL
RETIREMENT SYSTEM OR THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE
EMPLOYER FOR THE SERVICE HAD THE MEMBER BEEN A MEMBER OF THE SCHOOL EMPLOYEES
RETIREMENT SYSTEM;
(3) INTEREST, DETERMINED AS PROVIDED IN DIVISION (E) OF THIS
SECTION, ON THE AMOUNTS SPECIFIED IN DIVISIONS (A)(1) AND (2) OF THIS
SECTION FROM THE LAST
DAY
OF THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH
MILITARY SERVICE CREDIT WAS PURCHASED OR OBTAINED TO THE DATE THE TRANSFER IS
MADE.
(B) A MEMBER WHO HAS AT LEAST EIGHTEEN MONTHS OF CONTRIBUTING
SERVICE WITH THE SCHOOL EMPLOYEES RETIREMENT SYSTEM, IS A FORMER MEMBER OF THE
POLICE AND FIREMEN'S DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL
RETIREMENT SYSTEM, AND HAS RECEIVED A REFUND OF CONTRIBUTIONS TO THAT FUND OR
SYSTEM SHALL, IN COMPUTING YEARS OF TOTAL SERVICE, BE GIVEN FULL CREDIT FOR
SERVICE CREDIT EARNED UNDER CHAPTER 742. OR 5505. of the Revised Code OR PURCHASED
FOR SERVICE IN THE ARMED FORCES OF THE UNITED STATES IF, FOR
EACH YEAR OF SERVICE, THE SCHOOL EMPLOYEES RETIREMENT SYSTEM RECEIVES THE SUM
OF THE FOLLOWING:
(1) AN AMOUNT, WHICH SHALL BE PAID BY THE MEMBER, EQUAL TO THE AMOUNT
REFUNDED BY THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND OR THE STATE
HIGHWAY PATROL RETIREMENT SYSTEM TO THE MEMBER FOR THAT YEAR FOR ACCUMULATED
CONTRIBUTIONS AND PAYMENTS FOR PURCHASE OF CREDIT FOR SERVICE IN THE ARMED
FORCES OF THE UNITED STATES, WITH INTEREST FROM THE DATE OF
THE LAST CONTRIBUTION UNDER CHAPTER 742. OR 5505. of the Revised Code TO THE DATE OF
THE PAYMENT;
(2) AN AMOUNT, WHICH SHALL BE TRANSFERRED BY THE POLICE AND FIREMEN'S
DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL RETIREMENT SYSTEM, THAT IS
EQUAL TO THE LESSER OF THE AMOUNT CONTRIBUTED BY THE EMPLOYER TO THE POLICE
AND FIREMEN'S DISABILITY AND PENSION FUND OR STATE HIGHWAY PATROL RETIREMENT
SYSTEM FOR THAT YEAR OR THE AMOUNT THAT WOULD HAVE BEEN CONTRIBUTED BY THE
EMPLOYER FOR THE YEAR HAD THE MEMBER BEEN A MEMBER OF THE SCHOOL EMPLOYEES
RETIREMENT SYSTEM, WITH INTEREST FROM THE LAST
DAY
OF THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH
MILITARY SERVICE CREDIT WAS PURCHASED OR OBTAINED
TO THE DATE OF THE TRANSFER.
ON RECEIPT OF PAYMENT FROM THE MEMBER, THE SCHOOL EMPLOYEES RETIREMENT
SYSTEM SHALL NOTIFY THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND OR
THE STATE HIGHWAY PATROL RETIREMENT SYSTEM, WHICH, ON RECEIPT OF THE NOTICE,
SHALL MAKE THE TRANSFER REQUIRED BY THIS DIVISION. INTEREST SHALL BE
DETERMINED AS PROVIDED IN DIVISION (E) OF THIS SECTION. The
member may choose to purchase only part of such credit in any one
payment, subject to board rules.
(C) A member is ineligible to purchase OBTAIN service
credit under
this section for service that is used in the calculation of any
retirement benefit currently being paid or payable in the future
to the member.
Service credit purchased OBTAINED under this section shall be
considered the equivalent of Ohio service credit.
(D) IF A MEMBER OF THE SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO IS
NOT A CURRENT CONTRIBUTOR ELECTS TO OBTAIN CREDIT UNDER SECTION 742.379 OR
5505.202 of the Revised Code FOR SERVICE FOR WHICH THE MEMBER CONTRIBUTED TO THE SCHOOL
EMPLOYEES RETIREMENT SYSTEM OR PURCHASED CREDIT FOR SERVICE IN THE ARMED
FORCES OF THE UNITED STATES, THE SCHOOL EMPLOYEES RETIREMENT
SYSTEM SHALL TRANSFER TO THE POLICE AND FIREMEN'S DISABILITY AND PENSION FUND
OR STATE HIGHWAY PATROL RETIREMENT SYSTEM, AS APPLICABLE, THE AMOUNT SPECIFIED
IN DIVISION (C)(2) OF SECTION 742.379 OR DIVISION (B)(2) OF
SECTION 5505.202 of the Revised Code.
(E) INTEREST CHARGED FOR ANY SERVICE CREDIT OBTAINED UNDER THIS
SECTION SHALL BE CALCULATED SEPARATELY FOR EACH YEAR OF SERVICE CREDIT AT THE
LESSER OF THE ACTUARIAL ASSUMPTION RATE FOR THAT YEAR OF THE SCHOOL EMPLOYEES
RETIREMENT SYSTEM OR OF THE FUND OR RETIREMENT SYSTEM IN WHICH THE CREDIT WAS
EARNED. THE INTEREST SHALL BE COMPOUNDED ANNUALLY.
Sec. 3309.39. (A) The school employees retirement system
shall provide disability coverage to each member who has at least
five years of total service credit.
Not later than October 16, 1992, the school employees
retirement board shall give each person who is a member on the
effective date of this amendment JULY 29, 1992,
the opportunity to elect
disability coverage either under section 3309.40 of the Revised
Code or under section 3309.401 of the Revised Code. The board
shall mail notice of the election, accompanied by an explanation
of the coverage under each of the Revised Code sections and a
form on which the election is to be made, to each member at his THE
MEMBER'S
last known address. The board shall also provide the explanation
and form to any member at his THE MEMBER'S request.
Regardless of whether the member actually receives notice
of his THE right to make an election, a member who fails to file
a valid election under this section shall be considered to have
elected disability coverage under section 3309.40 of the Revised
Code. To be valid, an election must be made on the form provided
by the retirement board, signed by the member, and filed with the
board not later than one hundred eighty days after the date the
notice was mailed, or, in the case of a form provided at the
request of a member, a date specified by rule of the retirement
board. Once made, an election is irrevocable, but if the member
ceases to be a member of the retirement system, the election is
void. If a person who makes an election under this section also
makes an election under section 145.35 or 3307.42 of the Revised
Code, the election made for the system that pays a disability
benefit to that person shall govern the benefit.
Disability coverage shall be provided under section
3309.401 of the Revised Code for persons who become members after
the effective date of this amendment JULY 29,
1992, and for members who elect
under this division to be covered under section 3309.401 of the
Revised Code.
The retirement board may adopt rules governing elections
made under this division.
(B) Application for a disability benefit may be made by a
member, by a person acting in the member's behalf, or by the
member's employer, provided the member has at least five years of
total service credit and has disability coverage under section
3309.40 or 3309.401 of the Revised Code. The application for a
disability benefit shall be made on a form provided by the
retirement board. The benefit payable to any member who is
approved for a disability benefit shall become effective on the
first day of the month next following the later of the following:
(1) The last day for which compensation was paid;
(2) The date on which the member was first incapacitated
by the disabling condition.
(C) NOT LATER THAN FOURTEEN DAYS AFTER RECEIVING AN
APPLICATION FOR A DISABILITY BENEFIT FROM A MEMBER OR A PERSON ACTING ON
BEHALF OF A MEMBER, THE BOARD
SHALL NOTIFY THE MEMBER'S EMPLOYER THAT AN APPLICATION HAS BEEN
FILED. THE NOTICE SHALL STATE THE MEMBER'S NAME AND SOCIAL
SECURITY NUMBER.
NOT LATER THAN TWENTY-EIGHT DAYS
AFTER RECEIVING THE NOTICE OR FILING AN APPLICATION ON BEHALF OF
A MEMBER, THE EMPLOYER SHALL FORWARD TO THE BOARD A
STATEMENT CERTIFYING THE MEMBER'S JOB DESCRIPTION
AND ANY OTHER INFORMATION REQUIRED BY THE BOARD TO PROCESS THE APPLICATION.
THE BOARD SHALL MAINTAIN THE INFORMATION SUBMITTED BY
THE EMPLOYER IN THE MEMBER'S FILE.
(D) Medical examination of a member who has applied for a
disability benefit shall be conducted by a competent
disinterested physician or physicians selected by the retirement
board to determine whether the member is mentally or physically
incapacitated for the performance of the member's last assigned
primary duty as an employee by a disabling condition either
permanent or presumed to be permanent for twelve continuous
months following the filing of an application.
Such disability
must have occurred since last becoming a member or have increased
since last becoming a member to such extent as to make the
disability permanent or presumed to be permanent for twelve
continuous months following the filing of an application.
(D)(E) Application for a disability benefit must be made
within two years from the date the member's contributing service
terminated, unless the retirement board determines that the
member's medical records demonstrate conclusively that at the
time the two-year period expired, the member was physically or
mentally incapacitated for duty as an employee and unable to make
application. Application may not be made by any person receiving
a service retirement allowance or commuted service retirement
allowance under section 3309.36, 3309.38, or 3309.381 of the
Revised Code or any person who, pursuant to section 3309.42 of
the Revised Code, has been paid the accumulated contributions
standing to the credit of his THE PERSON'S individual account in
the employees' savings fund.
(E)(F) If the physician or physicians determine that the
member qualifies for a disability benefit, and the retirement
board concurs with the determination, AND THE MEMBER AGREES TO MEDICAL
TREATMENT AS SPECIFIED IN DIVISION (G) OF THIS SECTION,
the member shall receive a
disability benefit under section 3309.40 or 3309.401 of the
Revised Code. The action of the board shall be final. At the
time the board decides it concurs with the determination of the
physician or physicians, the board shall determine the date on
which the member was first incapacitated by the disabling
condition.
(F)(G) THE SCHOOL EMPLOYEES RETIREMENT BOARD SHALL ADOPT
RULES REQUIRING A DISABILITY
BENEFIT RECIPIENT, AS A CONDITION OF CONTINUING TO RECEIVE A DISABILITY
BENEFIT, TO AGREE IN WRITING TO OBTAIN ANY MEDICAL
TREATMENT RECOMMENDED BY THE BOARD'S PHYSICIAN AND SUBMIT MEDICAL REPORTS
REGARDING THE TREATMENT.
IF THE BOARD DETERMINES THAT A DISABILITY BENEFIT RECIPIENT IS NOT OBTAINING
THE MEDICAL TREATMENT OR THE BOARD DOES NOT RECEIVE A REQUIRED MEDICAL REPORT,
THE DISABILITY BENEFIT SHALL BE
SUSPENDED UNTIL THE TREATMENT IS
OBTAINED, THE REPORT IS RECEIVED
BY THE BOARD, OR THE BOARD'S PHYSICIAN CERTIFIES THAT THE
TREATMENT IS NO LONGER HELPFUL OR ADVISABLE. SHOULD
THE RECIPIENT'S FAILURE TO OBTAIN TREATMENT OR SUBMIT A MEDICAL REPORT
CONTINUE FOR ONE
YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY BENEFIT SHALL BE
TERMINATED.
(H) In the event an employer files an application for a
disability benefit as a result of a member having been separated
from service because he THE MEMBER is considered to be mentally
or physically incapacitated for the performance of the member's last
assigned primary duty as an employee, and the physician or
physicians selected by the board report to the board that the
member is physically and mentally capable of performing service
similar to that from which he THE MEMBER was separated, and the
board concurs in such report, then the board shall so certify to the
employer and the employer shall restore the member to his THE
MEMBER'S previous position and salary or to a similar position and salary.
Sec. 3309.391. NOT LATER THAN
SEPTEMBER 1, 2000, AND EACH FIRST DAY OF
SEPTEMBER FOR THE SUCCEEDING FIVE YEARS, THE
SCHOOL EMPLOYEES RETIREMENT BOARD SHALL MAKE AND SUBMIT A REPORT
FOR THE PRECEDING FISCAL YEAR OF THE DISABILITY RETIREMENT
EXPERIENCE OF EACH EMPLOYER. THE REPORT SHALL SPECIFY THE TOTAL
NUMBER OF DISABILITY APPLICATIONS SUBMITTED, THE STATUS OF EACH
APPLICATION AS OF THE LAST DAY OF THE FISCAL YEAR, TOTAL
APPLICATIONS GRANTED OR DENIED, AND THE PERCENTAGE OF DISABILITY
BENEFIT RECIPIENTS TO THE TOTAL NUMBER OF THE EMPLOYER'S
EMPLOYEES WHO ARE MEMBERS OF THE SCHOOL EMPLOYEES RETIREMENT
SYSTEM. THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE
OHIO RETIREMENT STUDY COUNCIL,
AND THE CHAIRPERSONS OF THE STANDING COMMITTEES AND SUBCOMMITTEES OF
THE SENATE AND HOUSE OF REPRESENTATIVES WITH PRIMARY
RESPONSIBILITY FOR RETIREMENT LEGISLATION.
Sec. 3309.41. (A) A disability benefit recipient shall
retain membership status and shall be
considered on
leave of absence from employment during the first
five years following the effective date of a disability benefit,
notwithstanding any contrary provisions in Chapter 124. or 3319.
of the Revised Code.
(B) The school employees retirement board shall
require a
disability benefit recipient to undergo an annual medical
examination, except that the board may waive the medical examination
if the board's physician or physicians specify
that the recipient's disability is ongoing.
Should any disability benefit recipient refuse to submit to a
medical examination, the recipient's disability benefit
shall be discontinued SUSPENDED
until withdrawal of the refusal. Should
the refusal
continue for one year, all the recipient's rights in and to
the disability
benefit shall be forfeited TERMINATED.
(C) On completion of the examination
by an examining physician or physicians selected by the board,
the physician or physicians shall report and certify to the board
whether the disability benefit recipient is NO LONGER physically and
mentally capable INCAPABLE of resuming THE service
similar to or related to
that from which the recipient was found disabled.
If the board concurs in
the report that the disability benefit recipient is so capable NO
LONGER INCAPABLE, the
payment of the disability benefit shall be
terminated not later than three months after the date of the board's
concurrence or upon employment as an
employee. If the leave of
absence has not expired, the retirement board shall certify to
the disability benefit recipient's last employer before
being found disabled that the recipient is capable NO LONGER
PHYSICALLY AND MENTALLY INCAPABLE of resuming service and the
THAT IS THE SAME OR SIMILAR TO
THAT FROM WHICH THE RECIPIENT WAS FOUND DISABLED. THE
employer
shall restore the recipient to the
recipient's previous position and salary or to a
position and salary similar thereto not later than the first day of the
first month following termination of the disability benefit, UNLESS
THE
RECIPIENT WAS DISMISSED OR RESIGNED IN LIEU OF DISMISSAL FOR
DISHONESTY, MISFEASANCE, MALFEASANCE, OR CONVICTION OF A FELONY.
(D) The board may adopt rules requiring each (1) EXCEPT
AS PROVIDED IN DIVISION (D)(2) OF THIS SECTION, EACH disability
benefit recipient to SHALL file with the board an annual
statement of earnings and, current medical information on
his
THE
RECIPIENT'S condition, AND ANY OTHER INFORMATION REQUIRED IN
RULES ADOPTED BY THE
BOARD.
(2) THE BOARD MAY WAIVE THE REQUIREMENT THAT A
DISABILITY BENEFIT RECIPIENT FILE AN ANNUAL STATEMENT OF
EARNINGS OR CURRENT MEDICAL INFORMATION ON THE RECIPIENT'S
CONDITION IF THE BOARD'S PHYSICIAN OR PHYSICIANS SPECIFY THAT
THE RECIPIENT'S DISABILITY IS ONGOING.
(3) THE BOARD SHALL ANNUALLY EXAMINE THE INFORMATION REQUIRED BY DIVISION
(D)(1) OF THIS SECTION SUBMITTED BY THE
RECIPIENT. IF A DISABILITY BENEFIT RECIPIENT REFUSES TO FILE THE STATEMENT OR
INFORMATION,
THE DISABILITY BENEFIT SHALL BE SUSPENDED UNTIL
THE STATEMENT AND INFORMATION ARE FILED. IF THE REFUSAL CONTINUES FOR ONE
YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY
BENEFIT SHALL BE TERMINATED.
(E) If a disability benefit recipient is employed by an
employer covered by this chapter, the recipient's disability
benefit shall cease.
(F) If disability retirement under section 3309.40 of the
Revised Code is terminated for any reason, the annuity and
pension reserves at that time in the annuity and pension reserve
fund shall be transferred to the employees' savings fund and the
employers' trust fund, respectively. If the total disability
benefit paid is less than the amount of the accumulated
contributions of the member transferred into the annuity and
pension reserve fund at the time of the member's disability
retirement,
the difference shall be transferred from the annuity and pension
reserve fund to another fund as may be required. In
determining the amount of a member's account following the
termination of disability retirement for any reason, the amount
paid shall be charged against the member's refundable account.
If a disability allowance paid under section 3309.401 of
the Revised Code is terminated for any reason, the reserve on the
allowance at that time in the annuity and pension reserve fund
shall be transferred from that fund to the employers' trust fund.
The board may terminate a disability benefit at the request
of the recipient.
(G) If a disability benefit is terminated and a
former
disability benefit recipient again becomes a contributor, other
than as an other system retirant as defined in section 3309.341
of the Revised Code, to this system, the public employees
retirement system, or the state teachers retirement system, and
completes an additional two years of service credit after the
termination of the disability benefit, the former disability
benefit recipient shall be entitled to
full service credit for the period as a disability benefit
recipient.
(H) If any employer employs any member who is receiving a
disability benefit, the employer shall file notice of employment
with the retirement board, designating the date of employment.
In case the notice is not filed, the total amount of the
benefit paid during the period of employment prior to notice shall be
paid from amounts allocated under Chapter 3317. of the Revised
Code prior to its distribution to the school district in which
the disability benefit recipient was so employed.
Sec. 3309.45. In lieu of accepting the payment of the
accumulated account of a member who dies before service
retirement, the beneficiary, as determined in section 3309.44 of
the Revised Code, may elect to forfeit the accumulated account
and to substitute certain other benefits either under division
(A) or (B) of this section.
(A) If a deceased member was eligible for a service
retirement allowance as provided in section 3309.36, 3309.38, or
3309.381 of the Revised Code, a surviving spouse or other sole
dependent beneficiary may elect to receive a monthly benefit
computed as the joint-survivor allowance designated as "plan D"
in section 3309.46 of the Revised Code, which the member would
have received had the member retired on the last day of the month of
death and had the member at that time selected such joint-survivor
plan. Payment shall begin with the month subsequent to the member's
death.
(B) If the deceased member had completed at least one and
one-half years of credit for Ohio service, with at least
one-quarter year of Ohio contributing service credit within the
two and one-half years prior to the date of death, or was
receiving at the time of death a disability benefit as provided
in section 3309.40 or 3309.401 of the Revised Code, certain
designated beneficiaries may elect to receive monthly benefits,
provided in divisions (B)(1) and (5) of this section.
(1) Number of | | |
Qualified | |
Or
|
dependents |
Annual Benefit as a Per
|
Monthly Benefit
|
affecting |
Cent of Decedent's Final
|
shall not be
|
the benefit |
Average Salary
|
less than
|
1 | 25% | $ 96 |
2 | 40 | 186 |
3 | 50 | 236 |
4 | 55 | 236 |
5 or more | 60 | 236 |
(2) Benefits shall begin as qualified dependents meet
eligibility requirements as follows:
(a) Spouse of the deceased member who is age sixty-two, or
age fifty if the deceased member had ten or more years of Ohio
service credit, or regardless of age if caring for a dependent
child, or regardless of age if adjudged physically or mentally
incompetent.
(b) Dependent child shall be any unmarried child of the
deceased member under age eighteen, or under age twenty-two if
the child is 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 such institution and as further determined by
board policy, or regardless of age if adjudged physically or
mentally incompetent. If not domiciled in the deceased member's
household at time of death, to qualify as a dependent child the
deceased member must have contributed to one-half or more of the
child's support during the twelve-month period prior to death.
"Child" as used in this section includes a legally adopted child.
If a court hearing for an interlocutory decree for adoption has
been held prior to the time of the member's death, the child
shall qualify for the monthly benefit notwithstanding the fact
that the final decree of adoption, adjudging the surviving spouse
as the adoptive parent, is made subsequent to the death of the
member.
(c) A dependent parent aged sixty-five or more who
received at least one-half of the parent's support from the member
during
the twelve-month period immediately preceding the member's death.
(3) "Physically or mentally incompetent" as used in this
section may be determined by a court of jurisdiction, or by a
physician appointed by the retirement board. Incapability of
earning a living because of a physically or mentally disabling
condition shall meet the qualifications of this division.
(4) Benefits to a qualified dependent shall terminate upon
A FIRST marriage, remarriage, abandonment, adoption, or during
active
military service, except that benefits. BENEFITS
terminated under this
division PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT due to a first
remarriage shall resume if the remarriage
ceases within two years due to divorce, annulment, dissolution,
or death. If the surviving spouse of a deceased member remarries on or
after the effective date of this amendment
and at the time of remarriage has attained age fifty-five, the
benefits provided by this division shall continue. The benefits provided by
this division also shall
continue to a deceased member's surviving spouse who remarried prior tothe
effective date of this amendment
and had attained age sixty-two at the time of
the remarriage. If the benefits of a deceased
member's surviving spouse were terminated under this division PRIOR TO THE
EFFECTIVE DATE OF THIS AMENDMENT due to a
remarriage occurring on or after February 15, 1995, and if at the
time of remarriage the surviving spouse had attained age fifty-five, the
benefits terminated under this division shall resume on the first day of the
month immediately following the effective date of this amendment
JUNE 5, 1996. Upon
UPON the death of any subsequent
spouse who was a member of the public employees retirement system, state
teachers retirement system, or school employees retirement
system, the surviving spouse of such member may elect to continue
receiving benefits under this division, or to receive survivor's
benefits, based upon the subsequent spouse's membership in one or
more of the systems, for which such surviving spouse is eligible
under this section or section 145.45 or 3307.49 of the Revised
Code. If the surviving spouse elects to continue receiving
benefits under this division, such election shall not preclude
the payment of benefits under this division to any other
qualified dependent.
Benefits shall begin or resume on the first day of the
month following the attainment of eligibility and shall terminate
on the first day of the month following loss of eligibility.
(5) Benefits to a qualified spouse shall be paid in the
amount determined for the first qualifying dependent in division
(B)(1) of this section, but shall not be less than one hundred
six dollars per month if the deceased member had ten or more
years of Ohio service credit. All other qualifying dependents
shall share equally in the benefit or remaining portion thereof.
(6) The beneficiary of a member who is also a member of
the public employees retirement system, or of the state teachers
retirement system, must forfeit the member's accumulated
contributions in those systems, if the beneficiary elects to receive
a
survivor benefit. Such benefit shall be exclusively governed by
section 3309.35 of the Revised Code.
(7) If the survivor benefits due and paid under this
section are in a total amount less than the member's accumulated
account that was transferred from the employees' savings fund,
the state teachers retirement fund, and the public employees
retirement fund to the survivors' benefit fund, then the
difference between the total amount of the benefits paid shall be
paid to the beneficiary under section 3309.44 of the Revised
Code.
Sec. 5505.04. (A) The general administration and
management of the state highway patrol retirement system and the
making effective of this chapter are hereby vested in the state
highway patrol retirement board. The board may sue and be sued,
plead and be impleaded, contract and be contracted with, and do
all things necessary to carry out this chapter.
The board shall consist of the auditor of state, the
superintendent of the state highway patrol, a retirant-member who
is a resident of this state, and four employee-members.
The board shall annually elect a chairperson and
vice-chairperson from among its members. The vice-chairperson shall act as
chairperson in the absence of the chairperson. A majority of the members of
the board shall constitute a quorum and any action taken shall be
approved by four or more of the members. The board shall meet
not less than once each year, upon sufficient notice to the
members. All meetings of the board shall be open to the public
except executive sessions as set forth in division (G) of section
121.22 of the Revised Code, and any portions of any sessions
discussing medical records or the degree of disability of a
member excluded from public inspection by this section.
(B) The attorney general shall prescribe procedures for
the adoption of rules authorized under this chapter, consistent
with the provision of section 111.15 of the Revised Code under
which all rules shall be filed in order to be effective. Such
procedures shall establish methods by which notice of proposed
rules are given to interested parties and rules adopted by the
board published and otherwise made available.
WHEN IT FILES A RULE WITH THE JOINT COMMITTEE ON AGENCY
RULE REVIEW PURSUANT TO SECTION 111.15 OF THE
REVISED CODE, THE BOARD SHALL SUBMIT TO
THE OHIO RETIREMENT STUDY
COUNCIL A COPY OF THE FULL TEXT OF THE RULE, AND IF APPLICABLE,
A COPY OF THE RULE SUMMARY AND
FISCAL ANALYSIS REQUIRED BY DIVISION
(B) OF SECTION 127.18 OF THE
REVISED
CODE.
(C) The retirant-member of the board shall be elected for
a four-year term by a general election of service and disability
retirants conducted in a manner approved by the board. The term
of the initial retirant-member shall commence in August 1990. A
person who at the time of retirement is an employee-member of the
board is not eligible to become a retirant-member until three
years after such person's retirement date. Employee-members
of the board
shall be elected for terms of four years by a general election of
contributing members conducted in a manner approved by the board.
The term of office of each employee-member shall commence in
August of the year in which such member is elected. Any
vacancy occurring
in the term of the retirant-member or any employee-member of the
board shall be filled by an election conducted in the same manner
as other retirant-member and employee-member elections. The
retirant-member or employee-member elected shall fill the
unexpired term.
(D)(1) As used in this division, "personal history record"
means information maintained by the board on a member, former
member, retirant, or beneficiary that includes the address,
telephone number, social security number, record of
contributions, correspondence with the system, and other
information the board determines to be confidential.
(2) The records of the board shall be open to public
inspection, except for the following which shall be excluded:
the member's, former member's, retirant's, or beneficiary's
personal history record and the amount of a monthly allowance or
benefit paid to a retirant, beneficiary, or survivor, except with
the written authorization of the individual concerned. All
medical reports and recommendations are privileged except that
copies of such medical reports or recommendations shall be made
available to the individual's personal physician, attorney, or
authorized agent upon written release received from such
individual or such individual's agent, or when necessary
for the proper administration of the
fund to the board-assigned physician.
(E) Notwithstanding the exceptions to public inspection in
division (D)(2) of this section, the board may furnish the
following information:
(1) If a member, former member, or retirant is subject to an order issued
under section 2907.15 of the Revised Code or is convicted
of or pleads guilty to a violation of section 2921.41 of the
Revised Code, on written request of a prosecutor as defined in
section 2935.01 of the Revised Code, the board shall furnish to
the prosecutor the information requested from the individual's
personal history record.
(2) Pursuant to a court order issued under section 3113.21
of the Revised Code, the board shall furnish to a court or child
support enforcement agency the information required under that
section.
(3) At the written request of any nonprofit organization
or association providing services to retirement system members,
retirants, or beneficiaries, the board shall provide to the
organization or association a list of the names and addresses of
members, former members, retirants, or beneficiaries if the
organization or association agrees to use such information solely
in accordance with its stated purpose of providing services to
such individuals and not for the benefit of other persons,
organizations, or associations. The costs of compiling, copying,
and mailing the list shall be paid by such entity.
(4) Within fourteen days after receiving from the director
of human services a list of the names and social security numbers
of recipients of public assistance pursuant to section 5101.181
of the Revised Code, the board shall inform the auditor of state
of the name, current or most recent employer address, and social
security number of each member whose name and social security
number are the same as those of a person whose name or social
security number was submitted by the director. The board and its
employees, except for purposes of furnishing the auditor of state
with information required by this section, shall preserve the
confidentiality of recipients of public assistance in compliance
with division (A) of section 5101.181 of the Revised Code.
(F) A statement that contains information obtained from
the system's records that is certified and signed by an officer
of the retirement system and to which the system's official seal
is affixed, or copies of the system's records to which the
signature and seal are attached, shall be received as true copies
of the system's records in any court or before any officer of
this state.
Sec. 5505.18. As used in this section, "member"
does not include state highway patrol cadets attending training
schools pursuant to section 5503.05 of the Revised Code.
(A)(1) Upon the application of a member of the state highway
patrol retirement system, A PERSON ACTING ON BEHALF OF A MEMBER,
or the superintendent of the state
highway patrol on behalf of a member, a member who becomes
totally and permanently incapacitated for duty in the employ of
the state highway patrol may be retired by the state highway
patrol retirement board.
NOT LATER THAN FOURTEEN DAYS AFTER RECEIVING
AN
APPLICATION FOR A DISABILITY PENSION FROM A MEMBER OR A PERSON ACTING ON
BEHALF OF A MEMBER, THE BOARD
SHALL NOTIFY THE SUPERINTENDENT THAT AN APPLICATION HAS BEEN
FILED. THE NOTICE SHALL STATE THE MEMBER'S NAME AND SOCIAL
SECURITY NUMBER. NOT LATER THAN TWENTY-EIGHT DAYS
AFTER RECEIVING THE NOTICE OR FILING AN APPLICATION ON BEHALF OF
A MEMBER, THE SUPERINTENDENT SHALL FORWARD TO THE BOARD
A STATEMENT CERTIFYING THE MEMBER'S JOB DESCRIPTION
AND ANY OTHER INFORMATION REQUIRED BY THE BOARD TO PROCESS THE APPLICATION.
THE BOARD SHALL MAINTAIN THE INFORMATION
SUBMITTED UNDER THIS DIVISION IN THE MEMBER'S FILE.
(2) The medical examination of a member who
has applied for disability retirement shall be conducted by a
competent physician or physicians appointed by the board. The
physician or physicians shall file a written report with the
board containing the following information:
(1)(a) Whether the member is totally incapacitated for duty
in the employ of the patrol;
(2)(b) Whether the incapacity is expected to be permanent;
(3)(c) The cause of the member's incapacity.
The board shall determine whether the member qualifies for
disability retirement and its decision shall be final. The board
shall consider the written medical report, opinions, statements,
and other competent evidence in making its determination. If the
incapacity is a result of heart disease or any cardiovascular
disease of a chronic nature, which disease or any evidence of
which was not revealed by the physical examination passed by the
member on entry into the patrol, the member is presumed to have
incurred the disease in the line of duty as a member of the
patrol, unless the contrary is shown by competent evidence.
(B)(1) A member whose retirement on account of disability
incurred in the line of duty shall receive the applicable pension
provided for in section 5505.17 of the Revised Code, except that
if the member has less than twenty-five years of contributing
service, the member's service credit shall be deemed to be
twenty-five
years for the purpose of this provision. In no case shall the
member's
disability pension be less than sixty per cent or exceed the
lesser of seventy-two per cent of the member's final average
salary or the limit established by section 415 of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as
amended.
(2) A member whose retirement on account of disability
incurred not in the line of duty shall receive the applicable
pension provided for in section 5505.17 of the Revised Code,
except that if the member has less than twenty years of
contributing service, the member's service credit shall be
deemed to be
twenty years for the purpose of this provision. In no case shall
the member's disability pension exceed the lesser of
seventy-two per cent
of the member's final average salary or the limit
established by section
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A. 415, as amended.
(C) THE STATE HIGHWAY PATROL RETIREMENT BOARD SHALL ADOPT RULES REQUIRING
A DISABILITY PENSION RECIPIENT, AS A CONDITION OF CONTINUING TO RECEIVE
A DISABILITY PENSION, TO AGREE IN WRITING TO OBTAIN ANY MEDICAL
TREATMENT RECOMMENDED BY THE BOARD'S PHYSICIAN AND SUBMIT MEDICAL REPORTS
REGARDING THE TREATMENT. IF THE BOARD DETERMINES THAT A DISABILITY PENSION
RECIPIENT IS NOT OBTAINING THE MEDICAL TREATMENT OR THE BOARD DOES NOT RECEIVE
A REQUIRED MEDICAL REPORT, THE
DISABILITY PENSION SHALL
BE SUSPENDED UNTIL THE
TREATMENT IS
OBTAINED, THE REPORT IS RECEIVED
BY THE BOARD, OR THE BOARD'S PHYSICIAN CERTIFIES THAT THE
TREATMENT IS NO LONGER HELPFUL OR ADVISABLE. SHOULD
THE RECIPIENT'S FAILURE TO OBTAIN TREATMENT OR SUBMIT A MEDICAL REPORT
CONTINUE FOR ONE
YEAR, THE RECIPIENT'S RIGHT TO THE DISABILITY BENEFIT SHALL BE
TERMINATED.
(D) A member placed on a disability pension who has not
attained the age of fifty-five years shall be subject to
an annual medical re-examination by physicians appointed by the board, except
that the board may
waive the medical re-examination if the board's physicians specify that the
member's disability is ongoing.
If any member placed on a disability pension refuses to submit to a
medical re-examination, the member's disability pension shall be
discontinued SUSPENDED
until the member withdraws the refusal. If the refusal continues for one
year,
all the member's rights under and to the disability pension shall be
forfeited TERMINATED.
(D) A (E) EACH RECIPIENT OF A DISABILITY PENSION
SHALL FILE
WITH THE BOARD AN ANNUAL STATEMENT OF EARNINGS,
CURRENT MEDICAL INFORMATION ON THE RECIPIENT'S
CONDITION, AND ANY OTHER INFORMATION REQUIRED IN RULES ADOPTED BY THE BOARD.
THE BOARD SHALL ANNUALLY
EXAMINE THE INFORMATION SUBMITTED BY THE RECIPIENT. IF A RECIPIENT REFUSES TO
FILE THE STATEMENT OR INFORMATION, THE
DISABILITY PENSION SHALL BE SUSPENDED UNTIL THE STATEMENT AND INFORMATION ARE
FILED. IF
THE REFUSAL CONTINUES FOR ONE YEAR, THE RIGHT TO THE PENSION SHALL BE
TERMINATED.
(F)(1) EXCEPT AS PROVIDED IN DIVISION (F)(2) OF THIS
SECTION, A retirant who has been on
disability pension, and who has been physically examined and
found capable NO LONGER INCAPABLE of performing the retirant's
duties, shall be
restored to the
rank the retirant held at the time the
retirant was pensioned and all previous
rights shall be restored, including the retirant's civil
service status, and
the disability pension shall terminate. Upon
return to employment in the patrol, the retirant shall again
become a
contributing member of the retirement system, the
total service
at the time of the retirant's retirement shall be restored
to the retirant's credit,
and the retirant shall be given service credit for the period
the retirant was in
receipt of a disability pension. The provisions of this division
(F)(1) OF THIS SECTION
shall be retroactive to September 5, 1941.
(E)(2) THE
STATE HIGHWAY PATROL IS NOT REQUIRED TO TAKE ACTION UNDER
DIVISION (F)(1) OF THIS SECTION
IF THE RETIRANT WAS DISMISSED OR RESIGNED IN LIEU OF DISMISSAL
FOR DISHONESTY, MISFEASANCE, MALFEASANCE, OR CONVICTION OF A
FELONY.
(G) The board may adopt rules to carry out this section.
Sec. 5505.181. NOT LATER THAN
MARCH 1, 2000, AND EACH FIRST DAY OF
MARCH FOR THE SUCCEEDING FIVE YEARS, THE
STATE HIGHWAY PATROL RETIREMENT BOARD SHALL MAKE AND SUBMIT A
REPORT FOR THE PRECEDING FISCAL YEAR OF THE DISABILITY
RETIREMENT EXPERIENCE OF THE STATE HIGHWAY PATROL. THE REPORT
SHALL SPECIFY THE TOTAL NUMBER OF DISABILITY APPLICATIONS
SUBMITTED, THE STATUS OF EACH APPLICATION AS OF THE LAST DAY OF
THE FISCAL YEAR, TOTAL APPLICATIONS GRANTED OR DENIED, AND THE
PERCENTAGE OF DISABILITY BENEFIT RECIPIENTS TO THE TOTAL NUMBER
OF THE PATROL'S EMPLOYEES WHO ARE MEMBERS OF THE STATE HIGHWAY
PATROL RETIREMENT SYSTEM. THE REPORT SHALL BE SUBMITTED TO THE
GOVERNOR, THE OHIO RETIREMENT
STUDY COUNCIL, AND THE CHAIRPERSONS OF THE STANDING COMMITTEES AND
SUBCOMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES WITH
PRIMARY RESPONSIBILITY FOR RETIREMENT LEGISLATION.
Sec. 5505.201. A member of the state highway patrol
retirement system shall, in computing years of active service in
the highway patrol under sections 5505.16, 5505.17, and 5505.18
of the Revised Code, be given full credit for time served as a
policeman POLICE OFFICER or fireman FIREFIGHTER
covered under Chapter 742. and former
Chapters 521. and 541. of the Revised Code, provided such member
pays to the state highway patrol retirement system the amount
received by him THE MEMBER under division (I) of former section
521.11, division (I) of former section 741.18, division (I) of former
section 741.49, or division (G) of section 742.37 of the Revised
Code, with compound interest thereon at a rate to be determined
by the state highway patrol retirement board from the date of
such receipt to the date of such deposit. A member may choose to
purchase only part of such credit in any one payment, subject to
board rules.
Upon certification by the state highway patrol retirement
board to the board of trustees of the police and firemen's
disability and pension fund of such payment by the member, the
police and firemen's disability and pension fund shall pay from
the appropriate employers' contribution fund under section 742.38
742.59 of the Revised Code to the state highway patrol retirement
system an amount equal to the payment of the member.
Sec. 5505.202. (A) As used in this section:
(1) "State or municipal retirement system" means the
public employees retirement system, the school employees
retirement system, the state teachers retirement system, and the
Cincinnati retirement system.
(2) "Amount received" means the amount received by a
former member of a state retirement system under section 145.40,
3307.46, or 3309.42 of the Revised Code, or the amount received
by a former member of the Cincinnati retirement system as a
return of the former member's contributions and payments for credit
purchased for service as a member of the armed forces of the United
States.
(3) "Full-time service" means full-time service as defined
by rule which shall be adopted by the state highway patrol
retirement board.
(4)(2) "Qualified contributions" means contributions to the
public employees retirement system, STATE TEACHERS RETIREMENT
SYSTEM, OR SCHOOL EMPLOYEES RETIREMENT SYSTEM attributable to full-time
service or purchase of credit for service in the armed forces of the
United States.
(B) In addition to credit purchased under section 5505.201
of the Revised Code, a member's total service credit for (1)
FOR purposes
of computing the pension payable to the member under section
5505.17 or 5505.18 of the Revised Code shall include the following:
(1) Service credit earned as a member of a state or
municipal retirement system if, in the case of a member
who, A MEMBER OF THE STATE HIGHWAY PATROL
RETIREMENT SYSTEM WHO IS A FORMER MEMBER OF THE PUBLIC EMPLOYEES
RETIREMENT SYSTEM, SCHOOL EMPLOYEES RETIREMENT SYSTEM, OR STATE
TEACHERS RETIREMENT SYSTEM AND
has
received a return of contributions from the
state or
municipal FORMER retirement system, the member pays into the
state
highway patrol retirement system
SHALL BE GIVEN FULL CREDIT FOR SERVICE CREDIT EARNED FOR
FULL-TIME SERVICE AS A MEMBER OF THE FORMER RETIREMENT SYSTEM OR
PURCHASED FOR SERVICE IN THE ARMED FORCES OF THE
UNITED
STATES IF, FOR EACH YEAR OF
SERVICE CREDIT, THE STATE HIGHWAY PATROL RETIREMENT SYSTEM
RECEIVES THE SUM OF THE FOLLOWING:
(a) AN AMOUNT, WHICH SHALL BE PAID BY THE
MEMBER
to the member's credit in
the employees
savings fund an amount, equal to the amount received by the
member
from the state or municipal FORMER retirement system FOR THAT
YEAR that is
attributable to contributions made for full-time service and payments for
credit purchased for service in the armed forces of the United
States, plus
interest compounded annually on such amount. The interest, at a
rate determined by the state highway patrol retirement board,
shall be computed from the date payment was made to the member by
the state or municipal FORMER retirement system to the date the
member
makes the payment to the state highway patrol retirement system. At the
request of the state highway patrol retirement system, the
state or municipal retirement system shall certify the beginning
and ending dates of the member's service covered by that system,
the amount received by the member from that system, and the
date on
which the payment was made. The state highway patrol retirement
system shall determine the extent to which the amount received by
the member is attributable to full-time service and shall inform
the member of the payment necessary to purchase credit under this
division. Subject to board rules, a member may choose to
purchase in any one payment only part of the credit the
member is
eligible to purchase under this division;
(b) AN AMOUNT, WHICH SHALL BE TRANSFERRED BY THE FORMER
RETIREMENT SYSTEM, EQUAL TO THE LESSER OF THE EMPLOYER'S
QUALIFIED CONTRIBUTIONS TO THE FORMER RETIREMENT SYSTEM FOR THE
YEAR OF SERVICE OR THE AMOUNT THAT WOULD HAVE BEEN
CONTRIBUTED BY THE EMPLOYER FOR THE YEAR OF SERVICE HAD THE
MEMBER BEEN A MEMBER OF THE STATE HIGHWAY PATROL RETIREMENT
SYSTEM, WITH INTEREST FROM THE LAST
DAY
OF THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH
MILITARY SERVICE CREDIT WAS PURCHASED OR OBTAINED
TO THE DATE THE TRANSFER IS MADE.
ON RECEIPT OF
PAYMENT FROM THE MEMBER, THE STATE HIGHWAY PATROL RETIREMENT
SYSTEM SHALL NOTIFY THE FORMER RETIREMENT SYSTEM, WHICH, ON RECEIPT
OF THE NOTICE, SHALL MAKE THE TRANSFER REQUIRED BY THIS DIVISION.
INTEREST SHALL BE DETERMINED IN ACCORDANCE WITH DIVISION
(E) OF THIS SECTION.
(2) Full-time service credit earned as a member of the
public employees retirement system or credit purchased for service in the
armed forces of the United States if the member
FOR PURPOSES OF COMPUTING THE PENSION PAYABLE UNDER
SECTION 5505.17 OR 5505.18 OF THE
REVISED
CODE, A MEMBER OF THE STATE
HIGHWAY PATROL RETIREMENT SYSTEM WHO
has not
received
a return of contributions to that ON DEPOSIT WITH THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM, SCHOOL EMPLOYEES RETIREMENT SYSTEM, OR STATE
TEACHERS RETIREMENT system and
SHALL BE GIVEN FULL CREDIT FOR SERVICE CREDIT EARNED FOR
FULL-TIME SERVICE AS A MEMBER OF THAT RETIREMENT SYSTEM OR
PURCHASED FOR SERVICE IN THE ARMED FORCES OF THE
UNITED
STATES
if, at
the
member's request FOR EACH YEAR OF SERVICE, the public employees
retirement system, SCHOOL
EMPLOYEES RETIREMENT SYSTEM, OR STATE TEACHERS RETIREMENT SYSTEM
transfers to the state highway patrol retirement system an THE SUM
OF THE FOLLOWING:
(a) AN amount
equal to the member's qualified contributions with interest
compounded
annually thereon for the period from the date that the last such
contribution was made to the date the transfer is made. The
interest shall be at the actuarial assumption rate of the public
employees retirement system at the time the transfer is made. The public
employees retirement system shall certify to the state
highway patrol retirement system a copy of the records of the
service and contributions of the member;
(b) AN AMOUNT EQUAL TO THE LESSER OF THE EMPLOYER'S
QUALIFIED CONTRIBUTIONS TO THE PUBLIC EMPLOYEES RETIREMENT
SYSTEM, SCHOOL EMPLOYEES RETIREMENT SYSTEM, OR STATE TEACHERS
RETIREMENT SYSTEM OR THE AMOUNT THAT WOULD HAVE BEEN
CONTRIBUTED BY THE EMPLOYER FOR THE FULL-TIME SERVICE HAD THE
MEMBER BEEN A MEMBER OF THE STATE HIGHWAY PATROL RETIREMENT
SYSTEM;
(c) INTEREST, DETERMINED IN ACCORDANCE WITH DIVISION
(E) OF THIS SECTION, ON THE
TOTAL OF THE AMOUNTS SPECIFIED IN DIVISIONS (B)(2)(a)
AND (b) OF THIS SECTION FROM THE LAST
DAY
OF THE YEAR FOR WHICH THE SERVICE CREDIT WAS EARNED OR IN WHICH
MILITARY SERVICE CREDIT WAS PURCHASED OR OBTAINED
TO THE DATE THE TRANSFER IS MADE.
ON RECEIPT OF A REQUEST FROM THE MEMBER, THE
APPROPRIATE RETIREMENT SYSTEM SHALL MAKE THE TRANSFER.
(3) FOR PURPOSES OF COMPUTING THE PENSION PAYABLE UNDER
SECTION 5505.17 OR 5505.18 OF THE
REVISED
CODE, A MEMBER OF THE STATE
HIGHWAY PATROL RETIREMENT SYSTEM WHO HAS CONTRIBUTIONS ON
DEPOSIT WITH THE CINCINNATI
RETIREMENT SYSTEM SHALL BE GIVEN FULL CREDIT FOR SERVICE CREDIT
EARNED FOR FULL-TIME SERVICE AS A MEMBER OF THAT RETIREMENT
SYSTEM OR PURCHASED FROM THE RETIREMENT SYSTEM FOR SERVICE IN
THE ARMED FORCES OF THE UNITED
STATES IF, FOR EACH YEAR OF
SERVICE CREDIT, THE STATE HIGHWAY PATROL RETIREMENT SYSTEM
RECEIVES THE SUM OF THE FOLLOWING:
(a) AN AMOUNT, WHICH
SHALL BE PAID BY THE MEMBER TO THE MEMBER'S CREDIT IN THE
EMPLOYEES SAVINGS FUND, EQUAL TO THE AMOUNT WITHDRAWN FROM THE
CINCINNATI RETIREMENT SYSTEM
THAT IS ATTRIBUTABLE TO THAT YEAR OF SERVICE, WITH INTEREST DETERMINED IN
ACCORDANCE WITH DIVISION (I) OF THIS SECTION FROM
THE DATE OF WITHDRAWAL TO THE DATE OF PAYMENT;
(b) AN AMOUNT, WHICH
SHALL BE PAID EITHER BY THE MEMBER OR THE
CINCINNATI RETIREMENT SYSTEM,
EQUAL TO THE LESSER OF THE AMOUNT CONTRIBUTED BY THE EMPLOYER TO
THE CINCINNATI RETIREMENT
SYSTEM FOR THE YEAR OF SERVICE OR THE AMOUNT THAT WOULD HAVE
BEEN CONTRIBUTED BY THE EMPLOYER FOR THE YEAR OF SERVICE HAD THE
MEMBER BEEN A MEMBER OF THE STATE HIGHWAY PATROL RETIREMENT
SYSTEM.
(C) If a member who IS NOT A CURRENT CONTRIBUTOR AND has not received
a
refund of accumulated
contributions elects to receive credit under section 145.295,
3307.412,OR 3309.351 of the Revised
Code for service for
which the member contributed to the state highway patrol
retirement
system and credit purchased for service in the armed forces of the
United States, the state highway patrol retirement
system shall transfer
to the public employees APPROPRIATE retirement system an
THE amount equal to the
member's accumulated contributions and payments for credit purchased for
service in the armed forces of the United States with
interest compounded
annually thereon for the period
from the date the last
contribution was made to the date the transfer is made. The
interest shall be at the actuarial assumption rate of the state
highway patrol retirement system at the time the transfer is
made. The state highway patrol retirement system shall certify
to the public employees retirement system a copy of the records
of the service and contributions of the member SPECIFIED IN DIVISION
(A) OF SECTION 145.295, DIVISION (A) OF SECTION 3307.412, OR
DIVISION (A) OF SECTION 3309.351 OF THE REVISED
CODE.
(D)(1) A member is ineligible to purchase or otherwise
receive credit under this section for service that is used in the
calculation of any retirement benefit currently being paid or
that is payable in the future to the member, or service rendered
concurrently with any other period for which service credit has
already been granted.
(2) Except as provided under division (D)(3) of this section, no service
credit purchased under this section or received as
a result of a transfer requested under this section shall be
used to determine any member's eligibility for retirement under
sections 5505.16 and 5505.17 of the Revised Code.
(3) Service credit obtained under this section by a member for credit
purchased for service in the armed forces of the United
States or for service as a
state highway patrol cadet attending training school pursuant to section
5503.05 of the Revised Code
shall be used to determine the member's
eligibility
for retirement under sections 5505.16 and 5505.17 of the Revised Code.
(4) SUBJECT TO RULES OF THE STATE HIGHWAY PATROL
RETIREMENT SYSTEM, A MEMBER MAY CHOOSE TO PURCHASE ONLY PART OF
THE CREDIT THE MEMBER IS ELIGIBLE TO PURCHASE UNDER DIVISION
(B)(1) OR
(3) OF THIS SECTION.
(E) The AT THE REQUEST OF THE STATE HIGHWAY PATROL RETIREMENT
SYSTEM, THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, SCHOOL EMPLOYEES
RETIREMENT SYSTEM, STATE TEACHERS RETIREMENT SYSTEM, OR
CINCINNATI RETIREMENT SYSTEM
SHALL CERTIFY TO THE STATE HIGHWAY PATROL RETIREMENT SYSTEM A
COPY OF THE RECORDS OF SERVICE, SALARY, AND CONTRIBUTIONS OF A
MEMBER WHO SEEKS SERVICE CREDIT UNDER THIS SECTION.
INTEREST CHARGED FOR ANY SERVICE CREDIT OBTAINED UNDER
THIS SECTION SHALL BE CALCULATED SEPARATELY FOR EACH YEAR OF
SERVICE CREDIT AT THE LESSER OF THE ACTUARIAL ASSUMPTION RATE
FOR THAT YEAR OF THE STATE HIGHWAY PATROL RETIREMENT SYSTEM OR
OF THE RETIREMENT SYSTEM IN WHICH THE CREDIT WAS EARNED. THE
INTEREST SHALL BE COMPOUNDED ANNUALLY.
THE STATE HIGHWAY PATROL RETIREMENT SYSTEM board may adopt rules
establishing procedures for
the purchase of service credit or the transfer of contributions
under this section.
(F)(1) If a former member of the state highway patrol
retirement system who has received a refund of
accumulated contributions
pursuant to section 5505.19 of the Revised Code elects to receive
credit under section 145.295 of the Revised
Code for service for which the member contributed to the
state highway
patrol retirement system and credit purchased for service in the armed
forces of the United States, the former member shall
repay
the state highway patrol retirement system the amount refunded, with
interest compounded annually thereon as follows:
(a) From the
date of
the refund to the date of repayment to the state highway patrol retirement
system in the case of a former member who had
not purchased credit for the service under former division (A)(1) of
section 145.295 of the Revised Code as it existed before August 25, 1995;
(b) In the case of a former member who had used the entire amount
of the refund to purchase credit for
the service under former division (A)(1) of section 145.295 of the Revised
Code as
it existed before August 25, 1995, from the date of the refund to the
date of such purchase;
(c) In the case of a former member who had purchased credit for
the service under former division (A)(1) of
section 145.295 of the Revised
Code, as it existed before
August 25, 1995, using only a portion of the
refund amount, from the date of the refund to the date of the purchase for the
portion of the refund
used for that purchase and from the date of the refund to the date of
repayment
under division (F)(1) of this section for the
portion of the refund not used for that purchase.
The interest
shall be at
the actuarial assumption rate of the state highway patrol
retirement system at the time of repayment or purchase, as applicable.
(2) Upon receipt of the
repayment, the state highway patrol retirement system shall
immediately transfer to the public employees retirement system
an amount equal to the amount of the former member's accumulated
contributions and payments for credit for service in the armed forces of
the United States, plus interest compounded
annually thereon as follows:
(a) From the date the last contribution
was
made to the state highway patrol retirement system to the date the
transfer is made in case of a former member who had
not purchased credit for the service under former division (A)(1) of
section 145.295 of the Revised Code as it existed before August 25, 1995;
(b) In the case of a former member who had used the entire amount
of the refund to purchase credit for
the service under former division (A)(1) of
section 145.295 of the Revised Code as
it existed before August 25, 1995, from the date the last
contribution was made to the state highway patrol retirement system to the
date of such purchase;
(c) In the case of a former member who had purchased credit for
the service under former division (A)(1) of
section 145.295 of the Revised
Code, as it existed before
August 25, 1995, using only a portion of the
refund amount, from the date the last contribution was made to the state
highway patrol retirement system to the date of the purchase for the portion
of
the refund used for that purchase and from the date the last contribution was
made to the date of transfer for the portion of the
refund not used for that purchase.
The interest shall be at the actuarial
assumption rate of the state highway patrol
retirement system at the time of transfer or at the time of purchase
under that former division, as
applicable.
The state
highway patrol retirement system shall certify to the public
employees retirement system a copy of the records of the former
member's service
and contributions.
A former member who makes the repayment required under this division does
not
thereby become a member of the state
highway patrol retirement system or have any of the rights,
privileges, or obligations of membership.
Sec. 5731.09. (A) Except as provided in division
(B) of this section, the value of the gross estate includes the
value of an annuity or other payment receivable by a
beneficiary by reason of surviving the decedent under any form of
contract or agreement under which an annuity or similar
payment was payable to the decedent, or the decedent possessed the
right to receive such annuity or payment, either alone or in
conjunction with another, for his THE DECEDENT'S life or for any
period not ascertainable without reference to his THE DECEDENT'S
death, or for any period which does not in fact end before his THE
DECEDENT'S death.
However, the value of the gross estate includes only such part
of the value of the annuity or other payment receivable under the
contract or agreement as is proportionate to that part of the
purchase price of the contract or agreement contributed by the
decedent. The value of the gross estate
does not include the part of the value of the annuity or other payment as is
proportionate to the part of the purchase price of the contract or agreement
contributed by the employer or former employer of the decedent, whether to an
employee's trust or fund forming part of a pension, annuity, retirement,
bonus, or profit-sharing plan or otherwise, if the contributions were made by
reason of the decedent's employment.
(B) The value of the gross estate does not include the
value of a
pension or annuity accruing to any person under federal
employment, including service in the armed forces, or the value of an annuity
or other payment from the police and firemen's
disability and pension fund created by section 742.02 of the
Revised Code, the firemen and policemen's death benefit fund
created by section 742.61 742.62 of the Revised Code, the
state highway patrol retirement system created by section 5505.02 of the
Revised Code, the public employees retirement system created by
section 145.03 of the Revised Code, the state teachers retirement
system created by section 3307.03 of the Revised Code, and the
school employees retirement system created by section 3309.03 of
the Revised Code.
Section 2. That existing sections 145.011, 145.09, 145.295, 145.31, 145.33,
145.35, 145.362, 145.45,
742.01, 742.03, 742.04, 742.05, 742.08, 742.10, 742.11, 742.22, 742.221,
742.23, 742.24,
742.251, 742.27, 742.31, 742.32, 742.33, 742.34, 742.35, 742.36, 742.37,
742.371, 742.372, 742.373, 742.374, 742.375, 742.376, 742.378,
742.379, 742.3711, 742.3713, 742.3714, 742.3715, 742.3716, 742.3717,
742.3718, 742.3719, 742.38, 742.39, 742.40, 742.50, 742.511,
742.512, 742.515, 742.52, 742.61, 742.63, 3307.01, 3307.04, 3307.28, 3307.35,
3307.383, 3307.411, 3307.42,
3307.44, 3307.49, 3307.73, 3309.011, 3309.04, 3309.26, 3309.351, 3309.39,
3309.41,
3309.45,
5505.04, 5505.18,
5505.201, 5505.202, and 5731.09 and sections 171.06, 742.3720, and
742.3721 of
the Revised Code are hereby repealed.
Section 3. An election made under division (C) of former section 742.3711 or
division (C) of former section 742.3715 of the
Revised Code on or after January 1, 1997, shall be
considered to have taken effect on the date the election was made.
Section 4. Not later than one year after the effective date of
this act, the Ohio Retirement Study Council
shall have prepared a report that proposes to establish an
alternative disability benefit plan for the Police and Firemen's Disability
and Pension Fund and State Highway Patrol Retirement System that provides
coverage to a disability benefit recipient until the recipient reaches
retirement eligibility age and, thereafter, permits the
recipient to apply for age and service retirement. The proposed
plan shall cost no more than the existing disability benefit
plan offered by the retirement systems. The report shall be
submitted to the chairpersons of the standing committees of the Senate and
House of Representatives with primary responsibility for retirement
legislation and to the executive directors of the Police and Firemen's
Disability and Pension Fund and State Highway Patrol Retirement System.
Section 5. The repeal of section 171.06 of the Revised Code by
this act is intended to confirm the earlier repeal of that
section by Am. Sub. S.B. 82 of the 121st General Assembly.
Section 6. Section 145.33 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 379 and Am. Sub. H.B. 450 of the 121st General Assembly, with
the new language of neither of the acts shown in capital letters.
Section 742.512 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 243 and H.B. 462 of the 117th General Assembly, with the new
language of neither of the acts shown in capital letters.
Section 3309.011 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 586 and Am. Sub. S.B. 230 of the 121st General Assembly, with
the new language of neither of the acts shown in capital letters.
Section
5505.04 of the Revised
Code is presented in this act as a composite of the section as amended by both
Am. Sub. H.B. 627 and Am. Sub. H.B. 668 of the 121st General Assembly, with
the new language of neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
Section 7. The Ohio Retirement Study Council shall establish a
task force consisting of the Administrator of the Bureau of
Workers' Compensation and representatives of the Public
Employees Retirement Board, Board of Trustees of the Police and
Firemen's Disability and Pension Fund, School Employees
Retirement Board, State Teachers Retirement Board, and State
Highway Patrol Retirement Board to examine the feasibility of
coordinating benefits between the Bureau and retirement systems.
Not later than one year after the effective date of this act,
the Ohio Retirement Study Council shall have prepared a report
of the findings of the task force. The report shall contain a
survey of how other states coordinate similar benefits and an
examination of the types of benefits provided by the Bureau and
retirement systems. The report shall be submitted to the
chairpersons of the standing committees and subcommittees of the
Senate and House of Representatives with primary responsibility
for retirement legislation.
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