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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 673 |
REPRESENTATIVES PADGETT-WESTON-COUGHLIN-LOGAN-FORD-OPFER-
REID-CAREY-TERWILLEGER-PERZ-VESPER-OGG-BRITTON-GARCIA-
METELSKY-THOMAS-MOTTLEY-MAIER-BRADING-BEATTY-PATTON-OLMAN-
GRENDELL-BOGGS-COLONNA-VERICH-JOHNSON-WOMER BENJAMIN-
MILLER-WACHTMANN-HARRIS-MYERS-WILLAMOWSKI-METZGER-PRENTISS-
ROBERTS-LUCAS-SCHULER-O'BRIEN-BOYD-MOTTL-DAMSCHRODER-
MALLORY-BRADY-STAPLETON-CALLENDER-WINKLER-EVANS-JONES-
SULZER-SALERNO-WILSON-SUTTON
A BILL
To amend sections 145.30, 3305.05, 3305.06, 3309.36, 3309.38, 3309.50, and
3309.69, to enact section 3305.051, and to repeal section
3309.37 of the Revised Code to increase the School
Employees Retirement System
(SERS) service retirement benefit for retirants
with more than 30 years'
service credit, to increase the SERS death benefit to $1,000, to increase
the SERS reimbursement for insurance
coverage under Medicare
Part B, to make changes with regard
to military service credit granted by the
Public Employees Retirement System,
to make changes to the law
governing alternative retirement programs for employees of
public institutions
of higher education,
and to change the date by which
the Ohio Retirement Study Commission is
required to have completed and
submitted an actuarial study of the alternative
retirement program for
employees of public institutions of higher
education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.30, 3305.05, 3305.06, 3309.36, 3309.38, 3309.50,
and 3309.69 be amended and section 3305.051 of the Revised Code be enacted to
read as follows:
Sec. 145.30. (A) As used in this section and section 145.301 of the Revised
Code:
(1) "Armed forces" of the United States includes the following:
(a) Army, navy, air force, marine corps, coast guard, auxiliary corps as
established by congress, red cross nurse serving with the army, navy, air
force, or hospital service of the United States, army nurse corps, navy nurse
corps, full-time service with the American red cross in a combat zone, and
such other service as may be designated by congress as included therein;
(b) Personnel of the Ohio national guard and the reserve components of any of
the armed forces enumerated in division (A)(1) of this section who are called
to active duty pursuant to an executive order issued by the president of the
United States or an act of congress;
(c) Persons on whom United States merchant marine veteran status has been
conferred for service aboard oceangoing merchant ships in service to the
United States during World War II.
(2) "State retirement system" means any of the following: the police and
firemen's disability and pension fund, public employees retirement system,
school employees retirement system, state highway patrol retirement system, or
the state teachers retirement system.
(B) Upon reemployment in the public service and completion of one year of
service credit as covered by a state retirement system or the Cincinnati
retirement system, within two years after service in the uniformed
services ARMED FORCES
that is terminated in a manner other than as described in section 4304 of
Title 38 of the United States Code, "Uniformed Services Employment and
Reemployment Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4304, and
presentation of documentation of the service and subject to rules adopted by
the retirement board, any member of the public employees retirement system who
was a member with not less than one year of payroll deductions before entering
active duty with the armed forces and maintained membership in the public
employees retirement system as provided by section 145.41 of the Revised Code,
and who was or is out of active service as a public employee by reason of
having become a member of the armed forces of the United States on active duty
or service shall have such military service, not in excess of ten
years,
considered as the equivalent of prior service. Uniformed service
SERVICE IN THE ARMED FORCES as
established by documentation of the service, not in excess of ten years, shall
also be considered prior service for a person who was a public employee and
who has acquired service credit for five years prior to, and within the one
year preceding, the date of entering on active duty in the armed forces of the
United States if such person was reemployed in the public service within one
year after service in the uniformed services ARMED FORCES that
is terminated in a manner
other than as described in section 4304 of Title 38 of the United States Code,
"Uniformed Services Employment and Reemployment Rights Act of 1994," 108 Stat.
3149, 38 U.S.C.A. 4304, AND ESTABLISHED TOTAL SERVICE CREDIT AS DEFINED IN
SECTION 145.01 of the Revised Code of twenty years exclusive of credit for SERVICE IN
THE uniformed
service SERVICES, AS DEFINED IN SECTION 145.302 of the Revised Code. This
division shall not serve to cancel any military service credit
earned or granted prior to November 1, 1965.
(C) A member of the public employees retirement system is ineligible to
receive service credit under this section for any year of military service
credit 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 social security, or used to obtain service credit pursuant to section
145.301 or 145.302 of the Revised Code. At the time such credit is requested,
the member shall certify on a form supplied by the retirement board that the
member does and will conform to this requirement. This division does not
cancel any military service credit earned prior to March 15, 1979.
Sec. 3305.05. (A) A person whose employment as an academic or
administrative employee of a public institution of higher education commences
after the initial date on which the board of trustees of the public
institution establishes the alternative retirement program may, not later than
ninety days after the starting date of employment, make an election to
participate in an alternative retirement plan available at the public
institution. If no election to an alternative retirement plan is in effect at
the end of ninety days after the person's starting date of employment, the
person shall be
deemed to have elected participation in the state retirement system that
applies to the person's employment. Except as provided under division
(F) of this section, an election that is made under this division or
division (B) of this section and that is in effect at the end of
ninety days after the person's starting date of employment, shall be
irrevocable while the electing
employee remains continuously employed. A person who makes an election to
participate in an alternative retirement plan shall be forever barred from
claiming or purchasing service credit under any state retirement system for
the
period of that person's employment that the election is in effect.
If a person ceases to be
continuously employed and subsequently is employed by a public institution of
higher education in a position for which an alternative retirement plan is
available under this chapter, the person may make another election under this
division. Each public institution of higher
education employing a person eligible to make an election under
this division shall notify, within ten days of the person's
employment, that THE state retirement system that applies to
that person's
employment in the manner specified by that state retirement
system, which
notice shall include the new employee's name and address.
This division does not apply to any person who has made an election under
this division or division (B) of this section unless the person has
ceased to be continuously employed.
(B)(1) Not later than one hundred twenty days after the date on
which the board
of trustees of a public institution of higher education establishes the
initial alternative retirement program for that public institution, each
ELIGIBLE
academic or administrative employee of the public institution with less
than
five years of total service credit in the state retirement system in which the
person is a member on that initial
establishment date may make an election to participate in an alternative
retirement plan available at the public institution. If a person to whom this
division applies fails to make an election, the person shall be deemed to have
elected continued participation in the state retirement system in which the
person is a member.
(2)(a) IF A PUBLIC INSTITUTION'S ALTERNATIVE RETIREMENT PROGRAM
IS ESTABLISHED NOT LATER THAN SIX MONTHS AFTER THE DEPARTMENT OF INSURANCE
MAKES A DESIGNATION UNDER SECTION 3305.03 of the Revised Code, A MEMBER OF THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM OR SCHOOL EMPLOYEES RETIREMENT SYSTEM WHO IS AN
ACADEMIC OR ADMINISTRATIVE EMPLOYEE OF THE PUBLIC INSTITUTION IS ELIGIBLE TO
ELECT TO PARTICIPATE IF THE MEMBER HAS LESS THAN FIVE YEARS OF SERVICE CREDIT
IN THE RETIREMENT SYSTEM ON THE LAST DAY OF THE MONTH IN WHICH THE DESIGNATION
IS MADE. IF A PUBLIC INSTITUTION'S ALTERNATIVE RETIREMENT PROGRAM IS
ESTABLISHED MORE THAN SIX MONTHS AFTER THE DEPARTMENT OF INSURANCE MAKES THE
DESIGNATION, A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM OR SCHOOL
EMPLOYEES RETIREMENT SYSTEM WHO IS AN ACADEMIC OR ADMINISTRATIVE EMPLOYEE OF
THE PUBLIC INSTITUTION IS ELIGIBLE TO ELECT TO PARTICIPATE IF THE MEMBER HAS
LESS THAN FIVE YEARS OF SERVICE CREDIT IN THE RETIREMENT SYSTEM ON THE FIRST
DAY THE MONTH IN WHICH THE PROGRAM IS ESTABLISHED.
(b) A MEMBER OF THE STATE TEACHERS RETIREMENT SYSTEM WHO IS AN
ACADEMIC OR ADMINISTRATIVE EMPLOYEE OF A PUBLIC INSTITUTION THAT ESTABLISHES
AN ALTERNATIVE RETIREMENT PROGRAM IS ELIGIBLE TO PARTICIPATE IN THE PROGRAM IF
THE MEMBER HAS LESS THAN FIVE YEARS OF SERVICE CREDIT IN THE RETIREMENT SYSTEM
ON THE THIRTIETH DAY OF JUNE IMMEDIATELY PRECEDING THE DATE THE
PROGRAM IS ESTABLISHED.
(C) Each academic or administrative employee shall make any AN
election under division (A) or (B) of this section in
writing and submit the election to the designated officer of the employee's
employing public institution of higher education. The officer shall
file a certified copy of the election within ten days with the state
retirement
system to which, apart from this election, the employee's employment would be
subject.
(D)(1) Each election made under division (A) of this
section shall be effective on the electing employee's starting date of
employment.
(2) Each IN THE CASE OF A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT
SYSTEM OR SCHOOL EMPLOYEES RETIREMENT SYSTEM, AN election made under
division (B) of this section shall
be effective on the first day of the month next following the date on which
the electing employee submits the election under division (C) of this
section DATE DESCRIBED IN DIVISION (B)(2)(a)
OF
THIS SECTION. IN THE CASE OF A MEMBER OF THE STATE TEACHERS RETIREMENT
SYSTEM, AN ELECTION SHALL BE EFFECTIVE ON THE DATE DESCRIBED IN DIVISION
(B)(2)(b) OF THIS SECTION.
(E) Any election made under division (A) or (B)
of this section shall only apply to the electing employee's employment in
positions for which an alternative retirement program is available pursuant to
this chapter. Employment of the electing employee in any other position shall
be subject to the applicable state retirement system.
(F) The board of trustees of a public institution of higher
education shall permit an electing employee to change the alternative
retirement plan in which the electing employee participates if the plan
ceases,
pursuant to division (C) of section 3305.03 of the Revised Code, to be a
designated
plan.
Sec. 3305.051. THE STATE RETIREMENT SYSTEM THAT COVERS THE POSITION HELD
BY AN EMPLOYEE OF A PUBLIC INSTITUTION OF HIGHER EDUCATION WHO MAKES AN
ELECTION UNDER DIVISION (A) OF SECTION 3305.06 of the Revised Code TO PARTICIPATE IN
THE PUBLIC INSTITUTION'S ALTERNATIVE RETIREMENT PROGRAM SHALL RETURN TO THE
PUBLIC INSTITUTION ANY EMPLOYEE AND EMPLOYER CONTRIBUTIONS MADE TO THE
RETIREMENT SYSTEM FOR THE NINETY-DAY PERIOD DESCRIBED IN THAT DIVISION LESS
THE AMOUNT DUE THE RETIREMENT SYSTEM PURSUANT TO DIVISION (E) OF
SECTION 3305.06 of the Revised Code FOR THAT PERIOD.
THE STATE RETIREMENT SYSTEM THAT COVERS THE POSITION HELD BY AN EMPLOYEE OF
A PUBLIC INSTITUTION OF HIGHER EDUCATION WHO MAKES AN ELECTION UNDER DIVISION
(B) OF SECTION 3305.06 of the Revised Code TO PARTICIPATE IN THE PUBLIC
INSTITUTION'S ALTERNATIVE RETIREMENT PROGRAM SHALL RETURN TO THE PUBLIC
INSTITUTION ANY EMPLOYEE AND EMPLOYER CONTRIBUTIONS MADE TO THE RETIREMENT
SYSTEM FOR ANY PERIOD COMMENCING AFTER THE APPLICABLE DATE DESCRIBED IN
DIVISION (B)(2)(a) OR (b) OF SECTION
3305.06 of the Revised Code LESS THE AMOUNT DUE THE RETIREMENT SYSTEM PURSUANT TO DIVISION
(E) OF SECTION 3305.06 of the Revised Code FOR THAT PERIOD.
Sec. 3305.06. (A) Each electing employee shall contribute an
amount, which shall be a certain percentage of the employee's compensation, to
the alternative retirement plan in which the employee participates. This
percentage shall be the percentage the electing employee would have otherwise
been required to contribute to the state retirement system that applies to the
employee's position, except that the percentage shall not be less than three
per cent. Employee contributions under this division may be treated as
employer contributions in accordance with Internal Revenue
Code 414 (h).
(B) Each public institution of higher education employing an
electing employee shall contribute an amount, which shall be a certain
percentage of the employee's compensation, to the alternative retirement plan
the employee has elected. This percentage shall be determined by the board of
trustees of the public institution.
(C)(1) In no event shall the amount contributed
by the electing employee pursuant to division (A) of this section and
on the electing employee's behalf pursuant to division (B) of this
section be less than the amount necessary to qualify the plan as a state
retirement system pursuant to Internal Revenue Code
3121(B)(7) and the regulations adopted thereunder.
(2) The full amount of the electing employee's contribution under
division (A) of this section and the full amount of the employer's
contribution made on behalf of that employee under division (B) of
this section shall be paid to the entity providing the employee's alternative
retirement plan for application to that plan in accordance with any contract
the electing employee has entered into for purposes of that plan. In no event
shall any benefits be paid under that plan prior to the time an electing
employee ceases to be continuously employed.
(D) An electing employee may make voluntary deposits to the
employee's alternative retirement plan in addition to the employee
contribution
required under division (A) of this section.
(E) Each public institution of higher education employing an
electing employee shall contribute on behalf of that employee to the state
retirement system that otherwise applies to the electing employee's position
an amount equal to six per cent of the electing employee's compensation to
mitigate any negative financial impact of the alternative retirement program
on
the state retirement system; provided that on the first day of July
following the first year after the effective date of this section
DEPARTMENT OF INSURANCE DESIGNATES AN ALTERNATIVE RETIREMENT PLAN UNDER
SECTION 3305.03 of the Revised Code and every third year thereafter, the Ohio retirement
study commission shall cause an independent
actuarial study to be completed and submitted to the Ohio board of
regents. The study shall determine any adjustments in contributions necessary
to reflect any change in the level of the negative financial impact resulting
from the establishment of the alternative retirement program. The amount
contributed
to the state retirement system pursuant to this division shall be increased or
decreased to reflect the amount needed to mitigate the negative financial
impact, if any, on the system, as determined by each actuarial study.
Any increase or decrease in
contributions shall become effective on the first day of July in the
year in which the actuarial study is completed. Contributions on behalf of an
electing employee shall continue in accordance with this division until the
occurrence of the following:
(1) If the electing employee would be subject to Chapter 145. of the
Revised Code had the employee not made an election pursuant
to
section 3305.05 of the Revised Code, until the unfunded
actuarial
accrued liability for all benefits, except health care benefits provided under
section 145.325 or 145.58 of the Revised Code, is fully
amortized, as determined by the annual actuarial valuation prepared under
section 145.22 of the Revised Code;
(2) If the electing employee would be subject to Chapter 3307. of the
Revised Code had the employee not made an election pursuant to
section 3305.05 of the Revised Code, until the unfunded actuarial
accrued liability for all benefits, except health care benefits provided under
section 3307.405 or 3307.74 of the Revised Code, is fully
amortized, as determined by the annual actuarial valuation prepared under
section 3307.20 of the Revised Code;
(3) If the electing employee would be subject to Chapter 3309. of the
Revised Code had the employee not made an election pursuant to
section 3305.05 of the Revised Code, until the unfunded actuarial
accrued liability for all benefits, except health care benefits provided under
section 3309.375 or 3309.69 of the Revised Code, is fully
amortized, as determined by the annual actuarial valuation prepared under
section 3309.21 of the Revised Code.
Sec. 3309.36. (A) A member retiring on service retirement
shall be granted a retirement allowance consisting of the lesser
of the sum of the following amounts 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:
(A)(1) An annuity having a reserve equal to the amount of the
employee's accumulated contributions at that time;
(B)(2) A pension of equivalent amount;
(C)(3) An additional pension of forty dollars multiplied by
the number of years of such prior service credit;
(D)(4) For members who have ten or more years of service
credit accumulated prior to October 1, 1956, a basic annual
pension equal to one hundred eighty dollars, except that such
basic annual pension shall not exceed the sum of the total annual
benefits provided by divisions (A)(1), (B)(2), and
(C)(3) of this section.
(E)(B)(1) When a member retires on service retirement and
his, THE
MEMBER'S
allowance when computed as an annual single lifetime allowance as
provided in divisions (A)(1), (B)(2),
(C)(3), and (D)(4) of this section and
section 3309.38 of the Revised Code, based upon attained age
sixty-five or thirty years of total service credit, is SHALL BE
NOT less than
the greater of the amounts determined by multiplying his THE
MEMBER'S total
service credit by eighty-six THE FOLLOWING:
(a) EIGHTY-SIX dollars, or by two;
(b) TWO and one-tenth per
cent of his THE MEMBER'S final average salary, then the
allowance shall be
increased to such greater amount. If such member's attained age
is other than sixty-five, or his total service
credit is other
than thirty years, then he shall receive an adjusted FOR EACH OF THE
FIRST THIRTY YEARS OF SERVICE CREDIT OR FRACTION THEREOF PLUS TWO AND ONE-HALF
PER CENT OF THE MEMBER'S FINAL AVERAGE SALARY FOR EACH SUBSEQUENT YEAR OF
SERVICE CREDIT OR FRACTION THEREOF.
(2) THE
annual
single lifetime allowance which DETERMINED UNDER DIVISION
(B)(1) OF THIS SECTION shall be ADJUSTED BY the higher
percentage of
a base amount determined by GREATER PERCENTAGE SHOWN IN the
following schedule OPPOSITE THE MEMBER'S ATTAINED AGE OR YEARS OF
OHIO SERVICE CREDIT:
|
Years of
|
Per Cent
|
Attained or
|
Ohio Service
|
of
|
Age
|
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:
|
Per Cent
|
Attained
|
of
|
Age
|
Base Amount
|
66
|
102
|
67
|
104
|
68
|
106
|
69
|
108
|
70 or more
|
110.
|
(2)(3) The annual single lifetime allowance which a retirant
shall receive under this division shall not exceed the lesser of
ninety per cent of his 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.
(F)(C) Retirement allowances determined under this section
shall be paid as provided in section 3309.46 of the Revised Code.
Sec. 3309.38. (A) A member retiring on commuted service
retirement on or after September 30, 1963, shall be granted a
retirement allowance consisting of:
(A)(1) An annuity having a reserve equal to the amount of the
employee's accumulated contributions at the time;
(B)(2) A pension of equivalent amount;
(C)(3) An additional pension, if such employee has prior
service credit, the reserve for which, based upon regular
interest and the service tables approved by the board, shall be
the present worth of the reserve required for the payment of the
prior service pension provided by section 3309.36 of the Revised
Code, after either age sixty or thirty-two years of service
credit, whichever can be first attained. The annual prior
service pension shall be determined by the amount of such
commuted reserve divided by the service annuity rate for the
attained annuity age of retirement;.
(D)(4) For members who have ten or more years of service
credit accumulated prior to October 1, 1956, a basic annual
pension equal to one hundred eighty dollars, which shall be
commuted in the same manner as provided for the prior service
pension in division (C)(A)(3) of this section, provided such
commuted
basic annual pension shall not exceed the sum of the total annual
benefits provided by divisions (A)(1), (B)(2), and
(C)(3) of this section.
(E)(B) When a member retires on commuted service retirement,
his THE MEMBER'S annual single lifetime allowance including the
allowances
provided in divisions (A)(1), (B)(2),
(C)(3), and (D)(4) of this section
shall not be less than the allowances provided under the
provisions of division (E)(B) of section 3309.36 of the
Revised Code
and shall not exceed the limit established by division
(E)(2)(B)(3) of
that section.
(F)(C) Retirement allowances determined under this section
shall be paid as provided in section 3309.46 of the Revised Code.
Sec. 3309.50. Upon the death of a retirant or disability benefit recipient,
who at the time of death is receiving a service retirement allowance or
disability benefit from the school employees retirement system, a lump-sum
payment of five hundred ONE THOUSAND dollars shall be paid to
any designated or qualified
beneficiary under division (D) of section 3309.44 of the Revised Code, or, if
none NO SUCH DESIGNATION HAS BEEN FILED OR IF THE DESIGNATED
BENEFICIARY IS DECEASED OR IS NOT LOCATED WITHIN NINETY DAYS, the school
employees retirement board may approve payment to either the
person responsible for the burial expenses or to the decedent's estate
following the completion of an application on a form approved by the board.
Sec. 3309.69. (A) As used in this section, "ineligible
individual" means all of the following:
(1) A former member receiving benefits pursuant to section
3309.34, 3309.35, 3309.36, 3309.38, or 3309.381 of the Revised
Code for whom eligibility is established more than five years
after June 13, 1981, and who, at the time of establishing
eligibility, has accrued less than ten years of service credit,
exclusive of credit obtained after January 29, 1981, pursuant to
sections 3309.021, 3309.301, 3309.31, and 3309.33 of the Revised
Code;
(2) The spouse of the former member;
(3) The beneficiary of the former member receiving
benefits pursuant to section 3309.46 of the Revised Code.
(B) The school employees retirement board may enter into
an agreement with insurance companies, health
insuring
corporations, or government
agencies authorized to do business in the state for issuance of a
policy or contract of health, medical, hospital, or surgical
benefits, or any combination thereof, for those
individuals receiving service retirement or a disability or
survivor benefit
subscribing to the plan and their eligible dependents.
If all or any portion of the policy or contract premium is
to be paid by any individual receiving service
retirement or a disability or survivor benefit, the
person shall, by written
authorization, instruct the board to deduct the premiums agreed
to be paid by the individual to the
companies, corporations, or agencies.
The board may contract for coverage on the basis of
part or all of the cost of the coverage to be paid from
appropriate funds of the school employees retirement system. The cost paid
from the
funds of the system shall be included in the
employer's contribution rate provided by sections
3309.49 and 3309.491 of the
Revised Code. The board shall not pay or reimburse the cost for
health care under this section or section 3309.375 of the Revised
Code for any ineligible individual.
The board may provide for self-insurance of risk or level
of risk as set forth in the contract with the companies,
corporations, or agencies, and may provide through the
self-insurance method specific benefits as authorized by the
rules of the board.
(C) If the board provides health, medical, hospital, or
surgical benefits through any means other than a health
insuring corporation, it shall offer to
each
individual eligible
for the benefits the alternative of receiving benefits
through
enrollment in a health insuring
corporation, if all of the
following apply:
(1) The health insuring corporation
provides health care services
in the geographical area in which the individual
lives;
(2) The eligible individual was receiving health care
benefits through a health maintenance organization or a health insuring
corporation before
retirement;
(3) The rate and coverage provided by the health
insuring corporation to eligible
individuals is
comparable to that currently provided by the board under division
(B) of this section. If the rate or coverage provided
by the health insuring corporation is
not comparable to that
currently provided by the board under division (B) of this
section, the board may deduct the additional cost from the eligible
individual's monthly benefit.
The health insuring corporation shall
accept as an
enrollee any eligible individual who requests enrollment.
The board shall permit each eligible individual to change
from one plan to another at least once a year at a time determined by
the board.
(D) The board shall, beginning the month following receipt
of satisfactory evidence of the payment for coverage, make a
monthly payment to each recipient of service retirement, or a
disability or survivor benefit under the school employees
retirement system who is eligible for insurance coverage under
part B of "The Social Security Amendments of 1965," 79 Stat. 301,
42 U.S.C.A. 1395j, as amended, except that the board shall make
no such payment to any ineligible individual. The EFFECTIVE ON THE
FIRST DAY OF THE MONTH AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, THE
amount of the
payment shall be the lesser of an amount equal to the basic
premium for such coverage, or an amount equal to the
basic premium in effect on January 1, 1988 1992.
(E) The board shall establish by rule requirements for the
coordination of
any coverage, payment, or benefit provided under this section or section
3309.375 of the Revised
Code with any similar coverage, payment, or
benefit made available to the same individual by the public employees
retirement system, police and firemen's disability and pension fund, state
teachers retirement system, or state highway patrol retirement
system.
(F) The board shall make all other necessary rules
pursuant to the purpose and intent of this section.
Section 2. That existing sections 145.30, 3305.05, 3305.06, 3309.36, 3309.38,
3309.50, and 3309.69 and
section 3309.37 of the Revised Code are hereby repealed.
Section 3. The School Employees Retirement System should make a one-time
payment to each person who is a current recipient of service retirement or a
disability or survivor benefit from the System and was eligible to receive a
monthly payment pursuant to division (D) of section 3309.69 of the Revised
Code for insurance coverage under Part B of "The Social Security Amendments of
1965," 79 Stat. 301, 42 U.S.C.A. 1935j, as amended, at any time during the
period commencing January 1, 1992, and ending on the effective date of this
section. The amount of the payment to each recipient shall be equal to the
sum of the differences between:
(A) Each monthly payment the recipient was eligible to receive under division
(D) of section 3309.69 of the Revised Code during the period commencing
January 1, 1992, and ending on the effective date of this section; and
(B) The amount of the monthly payment that is authorized by division (D) of
section 3309.69 of the Revised Code as enacted by this act.
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