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(123rd General Assembly)(Substitute House Bill Number 416)
AN ACT
To amend sections 145.201, 145.33, 145.491, and 3309.312 and to repeal section
145.203 of the Revised Code to
eliminate a provision that allowed Public Employees Retirement System (PERS)
members making contributions as elected officials to elect to contribute an
additional amount to PERS on the basis of earnable salary as an employee of a
not-for-profit corporation
formed for the purpose of owning, managing, or operating a professional sports
organization; to clarify that the
limit prescribed in federal law for purchases of certain types of service
credit applies to service credit purchased
for service as an elected official; to permit certain PERS members with at
least 25 years of law enforcement service credit to retire with full benefits
at age 48; and to revise the law governing employee and employer contribution
rates for PERS law enforcement.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 145.201, 145.33, 145.491, and 3309.312 of the Revised
Code be amended to read as follows:
Sec. 145.201. (A) Any Subject to the limit described in division
(C) of this section, any member who is or has been an
elected official of the state or any political subdivision
thereof or has been appointed by the governor with the advice and consent
of the senate to serve full-time as a member of a board, commission, or other
public body may at any time prior to retirement purchase additional
service credit in an amount not to exceed thirty-five per cent of
the service credit allowed the member for the period of
service as an
elected or appointed official subsequent to January 1, 1935, other than
credit for military service, part-time service, and service subject to
the tax on wages imposed by the "Federal Insurance Contributions
Act," 68A Stat. 415 (1954), 26 U.S.C.A. 3101, as amended. The
additional service credit may be purchased by paying
into the employees' savings fund an amount computed by
multiplying by the employee contribution rate in effect at the
time of purchase the member's earnable salary for the period of
service upon which the purchased credit is based, by the number
of years or portions thereof of additional service credit to be
purchased, and by paying into the employers' accumulation fund an
amount equal to the full amount paid into the employees' savings
fund. If a member purchases less than the full amount of the
additional service credit to which the member is entitled,
the period of
service upon which the purchase is computed shall be the
member's earliest
period of such service. The member shall receive full credit for
such additional elective service in computing an allowance or
benefit under section 145.20, 145.33, 145.331, 145.34, 145.36,
145.361, or 145.46 of the Revised Code, notwithstanding any other
provision of this chapter.
The payment to the employees' savings
fund and the employers' accumulation fund for such additional
elective service credit shall, in the event of death or
withdrawal from service, be considered as accumulated
contributions of the member. A member of a board, commission, or other public body shall
be considered to be serving full-time if full-time service is
required by law or if the director of administrative services
determines that the duties of the position require full-time
service. (B) Notwithstanding division (A) of this section, a member
who purchased service credit under this section prior to January
1, 1980, on the basis of part-time service shall be permitted to
retain the credit and shall be given full credit for it in
computing an allowance or benefit under section 145.20, 145.33,
145.331, 145.34, 145.36, 145.361, or 145.46 of the Revised Code.
The public employees retirement board has no authority to cancel
or rescind such credit. (C) A purchase made under this section
shall not
exceed the limits established by division (n) of section 415
of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
415(n), as amended 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 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 division (A)(5) of this section
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) For the purposes of divisions (B) to (F) of
this section, "total service credit as a law enforcement officer" includes
credit for military service to the extent permitted by division
(F)(2) of this section. (2) A member who meets the conditions in division
(B)(2)(a), (b), or (c) of
this section may apply for an age and service retirement benefit under this
division: (a) Except as provided in division
(B)(2)(b) of this section, 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
attained age fifty-two may apply for an age and service retirement
benefit, which; (b) Has at least twenty-five years of total service credit as a
law enforcement officer while serving as a sheriff, deputy sheriff, or
township constable or police officer in a township police department or
district
and has attained age
forty-eight; (c) Has at least fifteen years of total service credit as a law
enforcement officer and has attained age sixty-two. (3) A benefit paid under division (B) of this section 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 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)(C) 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 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)(D)(1) A member who has with 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 other than as a law enforcement officer eligible for a
benefit under division (B)(2)(b) of this section
who voluntarily resigns or
is discharged for any reason
except death, dishonesty,
cowardice, intemperate habits, or conviction of a felony, on
or after the date of attaining forty-eight years of
age, but before the date 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)(3) of this section |
| 49 | | 80% of the benefit payable under |
| | | division (B)(1)(3) of this section |
| 50 | | 86% of the benefit payable under |
| | | division (B)(1)(3) of this section |
| 51 | | 93% of the benefit payable under |
| | | division (B)(1)(3) 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.
(2) If a member elects to receive a reduced benefit on or
after
the date of attaining age forty-eight years of age, but
before the date 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 of attaining forty-nine
years of age, but before
the date 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 of attaining fifty
years of age, but before the date 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
of attaining fifty-one years of age, but before the date
of attaining fifty-two
years of age, the reduced benefit is payable from the later of the
date the
member attained fifty-one years of age or from of the member's most
recent birthday or the date the
member becomes eligible to receive the reduced benefit, whichever is
later. (3) Once a member elects to receive a reduced benefit
determined by the above schedule in division (D)(1) of this
section and has received a payment, the
member may not reelect to change that election. (4) 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 in division (D)(1) of this
section, upon
attaining fifty-two years of age, the member shall be entitled to receive a
benefit computed and paid under division (B)(1)(3) of this
section. (C)(E) A benefit paid under division (B),
(C), or (D) of this section shall not 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.
(F)(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), (C), or (D) 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 obtained as a police officer or state
highway patrol trooper shall be used in computing the benefits
under division (B), (C), or (D) 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 as a criminal bailiff
or court constable on or after April 16, 1993; (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,
department of public safety enforcement agent who prior to the effective
date of this amendment June 30, 1999 was a liquor
control investigator, park officer,
forest officer, wildlife officer,
state watercraft officer, park district police
officer, conservancy district officer, Ohio veterans' home
police officer, special police officer for a mental health institution,
special 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 originally is employed as a state
university
law enforcement officer on or after
November 6, 1996; (g) Any person who originally is employed as a Hamilton
county municipal court bailiff on or after
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 September
16, 1998; (i) Any person who originally is employed as a preserve officer
on or after March
18, 1999; (j) Any person who originally is employed as a natural resources
law enforcement staff officer on or after March 18,
1999; (k) Any person who is originally employed as a department of
public safety enforcement agent on or after the effective date of this
amendment June 30, 1999. (D)(G) Retirement allowances determined under this section
shall be paid as provided in section 145.46 of the Revised Code.
(E)(H) For the purposes of this section, service prior to
the
effective date of this amendment June 30, 1999,
as a food stamp trafficking agent under
former section 5502.14 of the Revised Code shall be considered service as a
law enforcement
officer.
Sec. 145.491. Notwithstanding any provision of sections 145.01 to
145.59 section 145.47 of
the Revised Code, the public employees retirement system shall be authorized
to calculate the employee and employer contribution rates separately
for those public
employees contributing toward benefits under division (B),
(C), or (D) of section 145.33 of
the Revised Code, other than those employees contributing toward
benefits under division (B)(2)(b) of that section.
Each public employee contributing toward benefits under division
(B)(2)(b) of section 145.33 of the Revised
Code shall contribute ten and one-tenth per cent of the employee's
earnable salary to the employees' savings fund, notwithstanding section 145.47
of the Revised Code. Notwithstanding section 145.48 of the Revised Code, the
public employees retirement system shall be authorized to calculate the
employer contribution rates separately for those public employees contributing
toward benefits under division (B), (C), or (D) of
section 145.33 of the Revised Code, except that the employer
contribution rate shall not exceed eighteen and one-tenth per cent of the
earnable salaries of those employees. Sec. 3309.312. (A) Not
later than ninety days after the effective date of this section
September 16, 1998,
a member who, on the effective date of this section
September
16, 1998, 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 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 under
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 in accordance with divisions (B) and (C)
to (G) 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. SECTION 2 . That existing sections 145.201, 145.33, 145.491, and 3309.312 and
section 145.203 of the Revised
Code are hereby repealed.
SECTION 3 . The repeal of section 145.203 of the Revised Code by this act shall
not affect any contributions made or service credit earned under that section
prior to the effective date of this act.
SECTION 4 . Sections 145.33, 145.491, and 3309.312 of the Revised Code, as
amended by this act, shall take effect January 1, 2001.
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