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|
As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 628 |
REPRESENTATIVES HOLLISTER-VAN VYVEN-WILLAMOWSKI-OLMAN-TIBERI-
TERWILLEGER-SCHURING-VESPER-J. BEATTY-R. MILLER-PATTON-BRADING-
SMITH-OGG-GRENDELL-EVANS-SULZER-METTLER-JOLIVETTE-BUEHRER-FLANNERY-
BARRETT-D. MILLER-PERRY-WINKLER-BARNES-STEVENS-ROBINSON-HARRIS-
METZGER-A. CORE-PETERSON-YOUNG-VERICH-SALERNO-BOYD-AUSTRIA-
BENDER-GERBERRY-WIDENER-ALLEN-SMITH-BRITTON
A BILL
To amend sections 124.24, 145.01, 145.04, 145.05, 145.06, 145.07,
145.09, 145.12, 145.14, 145.19, 145.20, 145.21, 145.22, 145.23,
145.25, 145.26, 145.27, 145.29, 145.291, 145.297, 145.322,
145.325, 145.33, 145.331, 145.34, 145.36, 145.361, 145.38, 145.391, 145.41,
145.42,
145.45, 145.451, 145.452, 145.46, 145.47, 145.48, 145.491, 145.55, 145.56,
145.563, 145.71, 145.72, 145.73, 145.74, 145.75, 145.76, 306.45, 308.15,
742.58,
2329.66, 2907.15, 2921.41, 3105.171, 3105.63, 3307.661, 3309.50, 3375.411,
3381.13,
5505.30, and 6121.04; to amend, for the purpose of adopting new section
numbers as indicated in parentheses, sections 145.19 (145.111), 145.491
(145.49),
145.53 (145.69), 145.59 (145.70), 145.71 (148.01), 145.72
(148.02), 145.73 (148.04), 145.74 (148.06), 145.75 (148.09), and
145.76 (148.10); to enact new section 145.19 and sections 145.091, 145.171,
145.191, 145.192, 145.3213, 145.332,
145.80, 145.81, 145.811, 145.812, 145.813,
145.82, 145.85, 145.86, 145.87, 145.88, 145.91, 145.92, 145.95,
145.97, and 145.98; and to repeal sections 145.49, 145.50, and 145.52 of the
Revised Code to increase certain benefits paid by the Public Employees
Retirement System (PERS), to require PERS to establish a defined contribution
retirement plan, and to relocate the provisions governing the Ohio Deferred
Compensation
Program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.24, 145.01, 145.04, 145.05, 145.06,
145.07, 145.09, 145.12, 145.14, 145.19, 145.20, 145.21, 145.22,
145.23, 145.25, 145.26, 145.27, 145.29, 145.291, 145.297, 145.322,
145.325, 145.33, 145.331, 145.34, 145.36, 145.361, 145.38, 145.391, 145.41,
145.42,
145.45, 145.451, 145.452, 145.46, 145.47, 145.48, 145.491, 145.55, 145.56,
145.563, 145.71, 145.72, 145.73, 145.74, 145.75, 145.76, 306.45, 308.15,
742.58, 2329.66, 2907.15, 2921.41, 3105.171, 3105.63, 3307.661, 3309.50,
3375.411, 3381.13,
5505.30, and 6121.04 be amended; that sections 145.19 (145.111), 145.491
(145.49), 145.53
(145.69), 145.59 (145.70), 145.71 (148.01), 145.72 (148.02),
145.73 (148.04), 145.74 (148.06), 145.75 (148.09), and 145.76
(148.10) be amended, for the purpose of adopting new section
numbers as indicated in parentheses; and that new section 145.19 and sections
145.091, 145.171, 145.191, 145.192, 145.3213, 145.332, 145.80, 145.81,
145.811,
145.812, 145.813, 145.82, 145.85, 145.86, 145.87, 145.88, 145.91,
145.92, 145.95, 145.97, and 145.98 of the Revised Code be enacted
to read as follows:
Sec. 124.24. Notwithstanding sections 124.01 to 124.64 and
145.01 to 145.57 CHAPTER 145. of the Revised
Code, the examinations of
applicants for the position POSITIONS of deputy mine inspector,
superintendent of rescue stations, assistant superintendent of
rescue stations, electrical inspectors, gas storage well
inspector, and mine chemists in the division of mines and reclamation,
department of natural resources, as provided in
Chapters 1561., 1563., 1565., and 1567. of
the Revised Code shall be provied PROVIDED for,
conducted, and administered by the mine examining board created
by section 1561.10 of the Revised Code.
From the returns of the examinations the mine examining
board shall prepare eligible lists of the persons whose general
average standing upon examinations for such grade or class is not
less than the minimum fixed by the rules of said board and who
are otherwise eligible. All appointments to the said position
shall be made from such eligible list in the same manner as
appointments are made from eligible lists prepared by the
director of administrative services. Any person upon being
appointed to fill one of the positions provided for in this
section, from any such eligible list, shall have the same
standing, rights, privileges, and status as other state employees
in the classified service.
Sec. 145.01. As used in this chapter:
(A) "Public employee" means:
(1) Any person holding an office, not elective, under the state or any
county, township, municipal corporation, park district, conservancy district,
sanitary district, health district, metropolitan housing authority, state
retirement board, Ohio historical society, public library, county law library,
union cemetery, joint hospital, institutional commissary, state university, or
board, bureau, commission, council, committee, authority, or administrative
body as the same are, or have been, created by action of the general assembly
or by the legislative authority of any of the units of local government named
in division (A)(1) of this section, or employed and
paid in whole or in part by the state or any
of the authorities named in division (A)(1) of this
section in any capacity not covered by
section 742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees retirement system
and who
continues to perform the same or similar duties under the direction of a
contractor who has contracted to take over what before the date of the
contract was a publicly operated function. The governmental unit with which
the contract has been made shall be deemed the employer for the purposes of
administering this chapter.
(3) Any person who is an employee of a public employer, notwithstanding that
the person's compensation for that employment is derived from funds of a
person or entity other than the employer. Credit for such service shall be
included as total service credit, provided that the employee makes the
payments required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code.
In all cases of doubt, the public employees retirement board shall determine
whether any person is a public employee, and its decision is final.
(B) "Member" means any public employee, other than a public employee excluded
or exempted from membership in the retirement system by section 145.03,
145.031, 145.032, 145.033, 145.034, 145.035, or 145.38 of the Revised Code.
"Member" includes a PERS retirant who becomes a member under division
(C)(2) of section 145.38 of the Revised Code. "Member" also includes a
disability benefit recipient.
(C) "Head of the department" means the elective or appointive head of the
several executive, judicial, and administrative departments, institutions,
boards, and commissions of the state and local government as the same are
created and defined by the laws of this state or, in case of a charter
government, by that charter.
(D) "Employer" or "public employer" means the state or any county, township,
municipal corporation, park district, conservancy district, sanitary district,
health district, metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union cemetery, joint
hospital, institutional commissary, state medical college, state university,
or board, bureau, commission, council, committee, authority, or administrative
body as the same are, or have been, created by action of the general assembly
or by the legislative authority of any of the units of local government named
in this division not covered by section 742.01, 3307.01
or,
3309.01, OR 5505.01 of the Revised
Code. In addition, "employer" means the employer of any public employee.
(E) "Prior service" means all service as a public employee rendered before
January 1, 1935, and all service as an employee of any employer who comes
within the state teachers retirement system or of the school employees
retirement system or of any other retirement system established under the laws
of this state rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that other system
after that other system was established, credit for the service may be allowed
by the public employees retirement system only when the employee has made
payment, to be computed on the salary earned from the date of appointment to
the date membership was established in the public employees retirement system,
at the rate in effect at the time of payment, and the employer has made
payment of the corresponding full liability as provided by section 145.44 of
the Revised Code. "Prior service" also means all service credited for active
duty with the armed forces of the United States as provided in section 145.30
of the Revised Code.
If an employee who has been granted prior service credit by the public
employees retirement system for service rendered prior to January 1, 1935, as
an employee of a board of education establishes, before retirement, one year
or more of contributing service in the state teachers retirement system or
school employees retirement system, then the prior service ceases to be the
liability of this system.
If the board determines that a position of any member in any calendar year
prior to January 1, 1935, was a part-time position, the board shall determine
what fractional part of a year's credit shall be allowed by the following
formula:
(1) When the member has been either elected or appointed to an office the
term of which was two or more years and for which an annual salary is
established, the fractional part of the year's credit shall be computed as
follows:
First, when the member's annual salary is one thousand dollars or less, the
service credit for each such calendar year shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary above one thousand
dollars, the member's service credit for each such calendar year shall be
increased by two and one-half per cent.
(2) When the member is paid on a per diem basis, the service credit for any
single year of the service shall be determined by using the number of days of
service for which the compensation was received in any such year as a
numerator and using two hundred fifty days as a denominator.
(3) When the member is paid on an hourly basis, the service credit for any
single year of the service shall be determined by using the number of hours of
service for which the compensation was received in any such year as a
numerator and using two thousand hours as a denominator.
(F) "Contributor" means any person who has an account in the employees'
savings fund created by section 145.23 of the Revised Code. WHEN USED IN
THE SECTIONS LISTED IN DIVISION (B) OF SECTION 145.82 OF THE
REVISED CODE, "CONTRIBUTOR" INCLUDES ANY PERSON
PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE
REVISED CODE.
(G) "Beneficiary" or "beneficiaries" means the estate or a person or persons
who, as the result of the death of a member, contributor, or retirant, qualify
for or are receiving some right or benefit under this chapter.
(H)(1) "Total service credit," except as provided in section 145.37 of the
Revised Code, means all service credited to a member of the retirement system
since last becoming a member, including restored service credit as provided by
section 145.31 of the Revised Code; credit purchased under sections 145.293
and 145.299 of the Revised Code; all the member's prior service credit; all
the member's military service credit computed as provided in this chapter; all
service credit established pursuant to section 145.297 of the Revised Code;
and any other service credited under this chapter. In addition, "total
service credit" includes any period, not in excess of three years, during
which a member was out of service and receiving benefits under Chapters 4121.
and 4123. of the Revised Code. For the exclusive purpose of satisfying the
service credit requirement and of determining eligibility for benefits under
sections 145.32, 145.33, 145.331, 145.35, 145.36, and 145.361 of the Revised
Code, "five or more years of total service credit" means sixty or more
calendar months of contributing service in this system.
(2) "One and one-half years of contributing service
credit," as used in division (B) of section 145.45 of the Revised
Code, also means eighteen or more calendar months of employment
by a municipal corporation that formerly operated its own
retirement plan for its employees or a part of its employees,
provided that all employees of that municipal retirement plan who have
eighteen or more months of such employment, upon
establishing membership in the public employees retirement
system, shall make a payment of the contributions they would have paid
had they been members of this system for the eighteen months of
employment preceding the date membership was established. When
that payment has been made by all such employee
members, a
corresponding payment shall be paid into the employers'
accumulation fund by that municipal corporation as the employer
of the employees.
(3) Where a member also is a member of the state teachers retirement system
or the school employees retirement system, or both, except in cases of
retirement on a combined basis pursuant to section 145.37 of the Revised Code,
service credit for any period shall be credited on the basis of the ratio that
contributions to the public employees retirement system
bear to total
contributions in all state retirement systems.
(4) Not more than one year of credit may be given for any period of twelve
months.
(5) "Ohio service credit" means credit for service that was rendered to the
state or any of its political subdivisions or any employer.
(I) "Regular or current interest" means interest at any rates for the
respective funds and accounts as the public employees retirement board may
determine from time to time, except as follows:
(1) Subsequent to December 31, 1958, the retirement board shall discontinue
the annual crediting of current interest to the individual accounts of
contributors. The noncrediting of current interest shall not affect the rate
of interest at retirement guaranteed under division (I)
of this section.
(2) The rate of interest credited on a contributor's contributions at
retirement shall be four per cent per annum, compounded annually, to and
including December 31, 1955; three per cent per annum, compounded annually,
from January 1, 1956, to and including December 31, 1963; three and
one-quarter per cent per annum, compounded annually, from January 1, 1964, to
and including December 31, 1969; and thereafter four per cent per annum,
compounded annually.
In determining the reserve value for the purpose of
computing the amount of the contributor's annuity, the rate of
interest used in the annuity values shall be four per cent per
annum, compounded annually, for contributors retiring before
October 1, 1956, and after December 31, 1969; three per cent per annum,
compounded annually, for
contributors retiring between October 1, 1956, and December 31,
1963; and three and one-quarter per cent per annum, compounded
annually, for contributors retiring from January 1, 1964, to
December 31, 1969. Interest on contributions from contributors
within any one calendar year shall begin on the first day of the
calendar year next following and shall be computed at the end of
each calendar year, except in the case of a contributor who
retires before the end of the year.
(J) "Accumulated contributions" means the sum of all
amounts credited to a contributor's individual account in the
employees' savings fund together with any current interest
thereon, but does not include the interest adjustment at
retirement.
(K)(1) "Final average salary" means the quotient obtained
by dividing by three the sum of the three full calendar years of
contributing service in which the member's earnable salary was
highest, except that if the member has a partial year of
contributing service in the year the member's employment
terminates and the member's earnable salary for the partial year is higher
than for any comparable period in the three years, the member's earnable
salary for the partial year shall be substituted for the member's earnable
salary for the comparable period during the three years in which the member's
earnable salary was lowest.
(2) If a member has less than three years of contributing service, the
member's final average salary shall be the member's total earnable salary
divided by the total number of years, including any fraction of a year, of the
member's contributing service.
(3) For the purpose of calculating benefits payable to a
member qualifying for service credit under division (Z) of this
section, "final average salary" means the total earnable salary
on which contributions were made divided by the total number of
years during which contributions were made, including any
fraction of a year. If contributions were made for less than
twelve months, "final average salary" means the member's total
earnable salary.
(L) "Annuity" means payments for life derived from contributions made by a
contributor and paid from the annuity and pension reserve fund as provided in
this chapter. All annuities shall be paid in twelve equal monthly
installments.
(M) "Annuity reserve" means the present value, computed upon the basis of the
mortality and other tables adopted by the board, of all payments to be made on
account of any annuity, or benefit in lieu of any annuity, granted to a
retirant as provided in this chapter.
(N)(1) "Disability retirement" means retirement as provided in section 145.36
of the Revised Code.
(2) "Disability allowance" means an allowance paid on account of disability
under section 145.361 of the Revised Code.
(3) "Disability benefit" means a benefit paid as disability retirement under
section 145.36 of the Revised Code, as a disability allowance under section
145.361 of the Revised Code, or as a disability benefit under section 145.37
of the Revised Code.
(4) "Disability benefit recipient" means a member who is receiving a
disability benefit.
(O) "Age and service retirement" means retirement as provided in sections
145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from contributions made
by the employer that at the time of retirement are credited into the annuity
and pension reserve fund from the employers' accumulation fund and paid from
the annuity and pension reserve fund as provided in this chapter. All
pensions shall be paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that portion of the benefit
derived from contributions made by the member.
(R)(1) Except as otherwise provided in division (R)
of this section, "earnable salary" means
all salary, wages, and other earnings paid to a contributor by reason of
employment in a position covered by the retirement system. The salary, wages,
and other earnings shall be determined prior to determination of the amount
required to be contributed to the employees' savings fund under section 145.47
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. "Earnable salary" includes the following:
(a) Payments made by the employer in lieu of salary, wages, or other earnings
for sick leave, personal leave, or vacation used by the contributor;
(b) Payments made by the employer for the conversion of sick leave, personal
leave, and vacation leave accrued, but not used if the payment is made
during
the year in which the leave is accrued, except that payments made pursuant to
section 124.383 or 124.386 of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance, consisting of
housing, laundry, and meals, as certified to the retirement board by the
employer or the head of the department that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the Revised Code;
(e) Payments that are made under a disability leave program sponsored by the
employer and for which the employer is required by section 145.296 of the
Revised Code to make periodic employer and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) of this section.
(2) "Earnable salary" does not include any of the following:
(a) Fees and commissions, other than those paid under section 507.09 of the
Revised Code, paid as sole compensation for personal services and fees and
commissions for special services over and above services for which the
contributor receives a salary;
(b) Amounts paid by the employer to provide life insurance, sickness,
accident, endowment, health, medical, hospital, dental, or surgical coverage,
or other insurance for the contributor or the contributor's family, or amounts
paid by the employer to the contributor in lieu of providing the insurance;
(c) Incidental benefits, including lodging, food, laundry, parking, or
services furnished by the employer, or use of the employer's property or
equipment, or amounts paid by the employer to the contributor in lieu of
providing the incidental benefits;
(d) Reimbursement for job-related expenses authorized by the employer,
including moving and travel expenses and expenses related to professional
development;
(e) Payments for accrued but unused sick leave, personal leave, or
vacation
that are made at any time other than in the year in which the sick leave,
personal leave, or vacation was accrued;
(f) Payments made to or on behalf of a contributor 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;
(g) 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;
(h) Anything of value received by the contributor that is based on or
attributable to retirement or an agreement to retire, except that payments
made on or before January 1, 1989, that are based on or attributable to an
agreement to retire shall be included in earnable salary if both of the
following apply:
(i) The payments are made in accordance with contract provisions that were in
effect prior to January 1, 1986;
(ii) The employer pays the retirement system an amount specified by the
retirement board equal to the additional liability resulting from the
payments.
(3) The retirement board shall determine by rule whether any compensation not
enumerated in division (R) of this section is
earnable salary, and its decision shall be
final.
(S) "Pension reserve" means the present value, computed upon the basis of the
mortality and other tables adopted by the board, of all payments to be made on
account of any retirement allowance or benefit in lieu of any retirement
allowance, granted to a member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited to a member of the
system since January 1, 1935, for which contributions are made as required by
sections 145.47, 145.48, and 145.483 of the Revised Code. In any year
subsequent to 1934, credit for any service shall be allowed by the following
formula:
(a) For each month for which the member's earnable salary is two hundred
fifty dollars or more, allow one month's credit.
(b) For each month for which the member's earnable salary is less than two
hundred fifty dollars, allow a fraction of a month's credit. The numerator of
this fraction shall be the earnable salary during the month, and the
denominator shall be two hundred fifty dollars, except that if the member's
annual earnable salary is less than six hundred dollars, the member's credit
shall not be reduced below twenty per cent of a year for a calendar year of
employment during which the member worked each month.
Division (T)(1)(b) of this section shall not
reduce any credit earned before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an elected official who
prior to January 1, 1980, was granted a full year of credit for each year of
service as an elected official shall be considered to have earned a full year
of credit for each year of service regardless of whether the service was
full-time or part-time. The public employees retirement board has no
authority to reduce the credit.
(U) "State retirement board" means the public employees retirement board, the
school employees retirement board, or the state teachers retirement board.
(V) "Retirant" means any former member who retires and is receiving a monthly
allowance as provided in sections 145.32, 145.33, 145.331, 145.34, and 145.46
of the Revised Code.
(W) "Employer contribution" means the amount paid by an employer as
determined by the employer rate including the normal and deficiency
contribution rates UNDER SECTION 145.48 OF THE REVISED
CODE.
(X) "Public service terminates" means the last day for which a public
employee is compensated for services performed for an employer or the date of
the employee's death, whichever occurs first.
(Y) When a member has been elected or appointed to an office, the term of
which is two or more years, for which an annual salary is established, and in
the event that the salary of the office is increased and the member is denied
the additional salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect to have the
amount of the member's contributions calculated upon the basis of the
increased salary for the office. At the member's request, the board shall
compute the total additional amount the member would have contributed, or the
amount by which each of the member's contributions would have increased, had
the member received the increased salary for the office the member holds. If
the member elects to have the amount by which the member's contribution would
have increased withheld from the member's salary, the member shall notify the
employer, and the employer shall make the withholding and transmit it to the
retirement system. A member who has not elected to have that amount withheld
may elect at any time to make a payment to the retirement system equal to the
additional amount the member's contribution would have increased, plus
interest on that contribution, compounded annually at a rate established by
the board and computed from the date on which the last contribution would have
been withheld from the member's salary to the date of payment. A member may
make a payment for part of the period for which the increased contribution was
not withheld, in which case the interest shall be computed from the date the
last contribution would have been withheld for the period for which the
payment is made. Upon the payment of the increased contributions as provided
in this division, the increased annual salary as provided by law for the
office for the period for which the member paid increased contributions
thereon shall be used in determining the member's earnable salary for the
purpose of computing the member's final average salary.
(Z) "Five years of service credit," for the exclusive purpose of satisfying
the service credit requirements and of determining eligibility for benefits
under section 145.33 of the Revised Code, means employment covered under this
chapter or under a former retirement plan operated, recognized, or endorsed by
the employer prior to coverage under this chapter or under a
combination of
the coverage.
(AA) "Deputy sheriff" means any person who is commissioned and employed as a
full-time peace officer by the sheriff of any county, and has been so employed
since on or before December 31, 1965, and whose primary duties are to preserve
the peace, to protect life and property, and to enforce the laws of this
state; any person who is or has been commissioned and employed as a peace
officer by the sheriff of any county since January 1, 1966, and who has
received a certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of the Revised
Code and whose primary duties are to preserve the peace, protect life and
property, and enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of the Revised
Code as a criminal bailiff or court constable who has received a certificate
attesting to the person's satisfactory completion of the peace officer
training school as required by section 109.77 of the Revised Code and whose
primary duties are to preserve the peace, protect life and property, and
enforce the laws of this state.
(BB) "Township constable or police officer in a township police department or
district" means any person who is commissioned and employed as a full-time
peace officer pursuant to Chapter 505. or 509. of the Revised Code, who has
received a certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of the Revised
Code, and whose primary duties are to preserve the peace, protect life and
property, and enforce the laws of this state.
(CC) "Drug agent" means any person who is either of the following:
(1) Employed full-time as a narcotics agent by a county narcotics agency
created pursuant to section 307.15 of the Revised Code and has received a
certificate attesting to the satisfactory completion of the peace officer
training school as required by section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as defined in section
109.79 of the Revised Code and is in compliance with section 109.77 of the
Revised Code.
(DD) "Department of public safety enforcement agent" means a full-time
employee of the
department of public safety who is
designated under section 5502.14
of the Revised Code as an enforcement agent and who is in compliance with
section 109.77
of the Revised Code.
(EE) "Natural resources law enforcement staff officer" means a
full-time employee of the department of natural resources who is designated a
natural resources law enforcement staff officer under section 1501.013 of the
Revised Code
and
is in compliance with section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the department of
natural
resources who is designated a park officer under section 1541.10 of the
Revised Code and is in compliance with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the
department of natural
resources who is designated a forest officer under section 1503.29 of the
Revised Code and is in compliance with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time
employee of the department of natural resources who is
designated a preserve officer under section 1517.10 of the
Revised
Code and is in compliance with
section 109.77 of the Revised
Code.
(II) "Wildlife officer" means a full-time employee of the department
of
natural resources who is designated a wildlife officer under section 1531.13
of the Revised Code and is in compliance with section 109.77 of the Revised
Code.
(JJ) "State watercraft officer" means a full-time
employee of the department
of natural resources who is designated a state watercraft officer under
section 1547.521 of the Revised Code and is in compliance with section 109.77
of the Revised Code.
(KK) "Park district police officer" means a full-time
employee of a park
district who is designated pursuant to section 511.232 or 1545.13 of the
Revised Code and is in compliance with section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time
employee of a
conservancy district who is designated pursuant to section 6101.75 of the
Revised Code and is in compliance with section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the
organized police
department of a municipal corporation who is employed full-time, is in
compliance with section 109.77 of the Revised Code, and is not a member of the
Ohio police and fire
pension fund.
(NN) "Ohio veterans' home police officer" means any
person who is employed at
the Ohio veterans' home as a police officer pursuant to section 5907.02 of the
Revised Code and is in compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health
institution" means any
person who is designated as such pursuant to section 5119.14 of the Revised
Code and is in compliance with section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the
mentally retarded and
developmentally disabled" means any person who is designated as such pursuant
to section 5123.13 of the Revised Code and is in compliance with section
109.77 of the Revised Code.
(QQ) "State university law enforcement officer" means any
person who is
employed full-time as a state university law enforcement officer pursuant to
section 3345.04 of the Revised Code and who is in compliance with section
109.77 of the Revised Code.
(RR) "Hamilton county municipal court bailiff" means a
person appointed by
the clerk of courts of the Hamilton county municipal court under division
(A)(3) of section 1901.32 of the Revised Code who is employed full-time as a
bailiff or deputy bailiff, who has received a certificate attesting to the
person's satisfactory completion of the peace officer training school as
required by division (C) of section 109.77 of the Revised Code, and whose
primary duties are to preserve the peace, to protect life and property, and to
enforce the laws of this state.
(SS) Notwithstanding section 2901.01 of the Revised Code,
"law enforcement
officer" means a sheriff, deputy sheriff, township constable or police officer
in a township police department or district, drug agent, department of public
safety enforcement agent, natural resources law enforcement staff officer,
park officer, forest officer, preserve 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, state university law enforcement
officer, Hamilton county municipal court bailiff, or municipal police officer.
(TT) "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.
(UU) "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. 145.04. The general administration and management of
the public employees retirement system and the making effective
of sections 145.01 to 145.59 CHAPTER 145. of
the Revised Code, are hereby
vested in a board to be known as the "public employees retirement
board," which shall consist of nine members as follows:
(A) The attorney general;
(B) The auditor of state;
(C) The director of administrative services;
(D) Five members, known as employee members, one of whom
shall be a state employee member of the system, who shall be
elected by ballot by the state employee members of the system
from among their number; another of whom shall be a county
employee member of the system, who shall be elected by ballot by
the county employee members of the system from among their
number; another of whom shall be a municipal employee member of
the system, who shall be elected by ballot by the municipal
employee members of the system from among their number; another
of whom shall be a university or college employee member of the
system, who shall be elected by ballot by the university and
college employee members of the system from among their number;
and another of whom shall be a park district, conservancy
district, sanitary district, health district, public library,
township, metropolitan housing authority, union cemetery, joint
hospital, or institutional commissary employee member of the
system, who shall be elected by ballot by the park district,
conservancy district, sanitary district, health district,
metropolitan housing authority, township, public library, union
cemetery, joint hospital, and institutional commissary employee
members of the system from among their number, in a manner to be
approved by the board. Members of the system who are receiving a
disability benefit under this chapter are ineligible for
membership on the board as employee members.
(E) One member, known as the retirant member, who shall be
a former member of the public employees retirement system who is A RESIDENT
OF THIS STATE AND a recipient of AGE AND service retirement
benefits under this chapter and
a resident of this state, or a member of the system who is a
recipient of a disability benefit under this chapter and a
resident of this state, OR BENEFITS PAID UNDER A PLAN
ESTABLISHED UNDER SECTION 145.81 of the Revised Code. The retirant member shall be
elected by
ballot by former members of the system who are receiving AGE AND
service
retirement benefits under this chapter and members of the system
who are receiving, a disability benefit under this
chapter,
OR BENEFITS PAID UNDER A PLAN ESTABLISHED UNDER SECTION 145.81 of the Revised Code.
Sec. 145.05. (A) The terms of office of employee members
of the public employees retirement board shall be for four years
each beginning on the first day of January following election.
The election of the county employee member of the board and the
employee member of the board representing public library, health
district, park district, conservancy district, sanitary district,
township, metropolitan housing authority, union cemetery, joint
hospital, and institutional commissary employees shall be held on
the first Monday in October, 1945, and on the first Monday in
October in each fourth year thereafter. The election of the
state employee member of the board and the municipal employee
member of the board shall be held on the first Monday in October,
1946, and on the first Monday in October in each fourth year
thereafter. The election of the initial university-college
employee member of the board shall be held on the first Monday in
October, 1978, and elections for subsequent university-college
employee members of the board shall be held on the first Monday
in October in each fourth year thereafter.
(B) The term of office of the retirant member of the
public employees retirement board shall be for four years
beginning on the first day of January following the election.
The election of the initial retirant member of the board shall be
held on the first Monday in October, 1978, and elections for
subsequent retirant members of the board shall be held on the
first Monday in October in each fourth year thereafter.
(C) All elections for employee members of the public
employees retirement board shall be held under the direction of
the board. Any member of the public employees retirement system,
except a member who is receiving a disability benefit under this
chapter, is eligible for election as an employee member of the
board to represent the employee group of which he is a THAT INCLUDES
THE member,
provided that he THE MEMBER has been nominated by a petition
signed by at
least five hundred members of the employee group to be
represented and further provided that there shall be not less
than twenty such signers from each of at least ten counties of
the state. The name of any member so nominated shall be placed
upon the ballot by the board as a regular candidate. Names of
other eligible candidates may, at any election, be substituted
for the regular candidates by writing such names upon the
ballots. The candidate who receives the highest number of votes
for a particular employee member position on the board shall be
elected to that office.
(D) All elections for the retirant member of the public
employees retirement board shall be held under the direction of
the board. Any former member of the public employees retirement
system who is a recipient of service retirement benefits under
this chapter and a resident of this state, and any member of the
system who is a recipient of a disability benefit under this
chapter and a resident of this state, DESCRIBED IN DIVISION
(E) OF SECTION 145.04 OF THE REVISED CODE is
eligible for election as
the retirant member of the board to represent the RECIPIENTS OF AGE
AND service
retirants and RETIREMENT, A disability benefit recipients of
the
system, OR BENEFITS PAID UNDER A PLAN ESTABLISHED UNDER SECTION 145.81
OF THE REVISED CODE,
provided that such person has been nominated by a petition signed
by at least two hundred fifty former members of the system who
are receiving RECIPIENTS OF AGE AND service retirement
benefits under this chapter or
members of the system who are receiving, a disability
benefit, OR BENEFITS PAID
under this chapter A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE
REVISED CODE, or any combination of such service
retirants
and disability benefit recipients that totals two hundred fifty.
The petition shall contain the signatures of at least ten such
retirants or recipients from each of at least five counties
wherein service retirants or disability benefit recipients under
OF BENEFITS FROM
the system reside.
The name of any disability benefit recipient or service
retirant under the system PERSON nominated in this manner shall be
placed upon the ballot by the board as a regular candidate.
Names of other eligible candidates may, at any election for the
retirant member of the board, be substituted for the regular
candidates by writing the names of such persons upon the ballot.
The candidate who receives the highest number of votes for any
term as the retirant member of the board shall be elected to
office.
Sec. 145.06. (A) If a vacancy occurs in the term of any
employee member of the public employees retirement board, the
remaining members of the board shall elect an employee member
from the employee group lacking representation because of the
vacancy for the unexpired term.
Any employee member of the board who fails to attend the
meetings of the board for three months or longer, without valid
excuse, shall be considered as having resigned, and the board
shall declare his THE EMPLOYEE MEMBER'S office vacated as of the
date of the adoption
of a proper resolution.
(B) If a vacancy occurs during the term of office of the
retirant member of the board, the remaining members of the board
shall elect a successor retirant member who shall hold office for
the remainder of the predecessor retirant member's term. The
successor retirant member shall be a former member of the public
employees retirement system who is a recipient of service
retirement benefits under this chapter and a resident of this
state, or a member of the system who is a recipient of a
disability benefit under this chapter and a resident of this
state ELIGIBLE FOR ELECTION UNDER SECTION 145.04 OF THE
REVISED CODE AS THE RETIRANT MEMBER OF THE BOARD.
If a retirant member of the board fails to attend the
meetings of the board for three months or longer, without valid
excuse, he THE RETIRANT MEMBER shall be considered as having
resigned, and the board
shall declare his THE MEMBER'S office vacated as of the date of
the adoption
of a proper resolution.
If as a result of changed circumstances the retirant member
would no longer qualify for membership on the board as the
retirant member, his THE RETIRANT MEMBER'S office shall be
considered vacant, and a
successor retirant member shall be chosen in the manner specified
in this division.
(C) If a person elected to serve on the board is unable to
assume office at the January meeting of the board following his
or her THE PERSON'S election, a special election shall be held in
accordance
with the provisions of section 145.05 of the Revised Code within
three months of the January meeting and the newly elected person
shall assume office at the meeting of the board immediately
following the special election.
Sec. 145.07. Each member of the public employees
retirement board, upon assuming office, shall take an oath that
he THE MEMBER will support the constitution of the United States
and the
constitution of the state, and that he THE MEMBER will
diligently and
honestly administer the affairs of the board and that he THE
MEMBER will not
knowingly violate or willfully permit to be violated sections
145.01 to 145.58 ANY PROVISION of the Revised Code THIS
CHAPTER. Such oath shall be
subscribed to by the member making it, and certified by the
officer before whom it is taken, and shall be immediately filed
in the office of the secretary of state. A majority of the
members of the board constitutes a quorum. 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 section 145.27 of the Revised Code.
Sec. 145.09. The public employees retirement board shall
elect from its membership a 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 THIS CHAPTER, and may adopt rules IN ACCORDANCE WITH
SECTION 111.15 OF THE REVISED CODE for the proper
administration and
management of sections 145.01 to 145.58 of the Revised Code THIS
CHAPTER.
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 THE BOARD MAY TAKE ALL
APPROPRIATE ACTION TO AVOID PAYMENT BY THE SYSTEM OR ITS MEMBERS OF FEDERAL OR
STATE INCOME TAXES ON CONTRIBUTIONS TO THE SYSTEM OR AMOUNTS EARNED ON SUCH
CONTRIBUTIONS.
NOTICE of proposed rules is SHALL BE
given to interested parties and rules adopted by the board SHALL BE
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. 145.091. THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL
ADMINISTER THE PLAN DESCRIBED IN SECTIONS 145.201 TO 145.70 OF THE
REVISED CODE AND THE PLAN OR PLANS
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE.
Sec. 145.19 145.111. Except as provided in sections 145.01
to 145.57, inclusive,
of
the Revised Code THIS CHAPTER, no member or employee of the public
employees retirement
board shall have any interest direct or indirect in the gains or profits of
any investment made by the board nor as such directly or indirectly receive
any pay or emolument of his THE MEMBER'S OR EMPLOYEE'S services.
No member or person connected with the
board directly or indirectly, for himself SELF or as an agent or
partner of others,
shall borrow any of its funds or deposits or in any manner use the same except
to make such current and necessary payments as are authorized by the board.
No member or employee shall become an indorser or surety or become in any
manner an obligor for moneys loaned by or borrowed from the board.
Sec. 145.12. The public employees retirement board shall
prepare and submit to the board of county commissioners and
county auditor of each county, to the executive head of each
municipal corporation, park district, conservancy district,
health district, and metropolitan housing authority, to the board
of township trustees of each township, and to the board of
trustees of each public library, and to each employer, except the
state of Ohio, mentioned in division (D) of section 145.01 of the
Revised Code, prior to the fifteenth day of July of each year, a
certification of the rate necessary to pay the obligation of each
county, municipal corporation, park district, conservancy
district, health district, township, metropolitan housing
authority, or public library accruing during the year beginning
the first day of January of the following year, and shall submit
to the budget commission of each county a copy of such statement
for said county and for each municipal corporation, township, and
public library within such county. The rate so certified to each
county, township, public library, and municipal corporation shall
be a percentage of the earnable salary of all contributors in the
employ of such employer, and an amount determined by multiplying
the total annual earnable salary of all such contributors
employed by the employer by such rate and the amount so
determined shall be included in its budget and allowed by the
budget commission.
The board of county commissioners of each county, the
legislative authority of each municipal corporation, the board of
commissioners of any park district, the board of directors of any
conservancy district, the members of any metropolitan housing
authority, the fiscal officers of any health district, the board
of township trustees of each township, and the board of trustees
of each public library shall appropriate sufficient funds to
provide for such obligations.
The board of county commissioners of each county, the
legislative authority of each municipal corporation, the board of
commissioners of any park district, the board of directors of any
conservancy district, the members of any metropolitan housing
authority, the fiscal officers of any health district, the board
of township trustees of each township, and the board of trustees
of each public library may reimburse the fund from which such
appropriation is made by transferring to such fund from any other
fund of such subdivision the proportionate amount of such
appropriation that should be chargeable to such fund whether such
fund is derived from taxation or otherwise.
Such payment may be made directly out of any funds, whether
derived from taxation or otherwise, from which the salaries or
compensation of public employees, on account of whom such
payments are to be made, are payable. Upon certification by the
public employees retirement board of the amount due by an
employer within any county who is subject to sections 145.01 to
145.59 of the Revised Code THIS CHAPTER, such payment shall be made
from any
fund or funds in the hands of the county auditor for distribution
to such employer.
Sec. 145.14. For the purpose of meeting disbursements for annuities and other
payments in excess of the receipts, there shall be kept available by the
treasurer of state an amount not exceeding ten per cent of the total amount in
the funds provided for by sections 145.01 to 145.57, inclusive, of the
Revised
Code, THIS CHAPTER on deposit in any bank or banks in this state,
organized under the laws
thereof, or under the laws of the United States, or with any trust company or
trust companies incorporated by the law of this state. Said banks or trust
companies shall furnish adequate security for said deposit. The sum so
deposited in any one bank or trust company shall not exceed twenty-five per
cent of the paid-up capital and surplus of said bank or trust company.
Sec. 145.171. ON RECEIPT OF NOTICE UNDER SECTION 145.17 of the Revised Code OF THE
EMPLOYMENT OF A NEW PUBLIC EMPLOYEE, THE PUBLIC EMPLOYEES RETIREMENT SYSTEM
SHALL INFORM THE EMPLOYEE OF THE REQUIREMENTS OF SECTION 145.19 of the Revised Code.
Sec. 145.19. (A) EXCEPT AS PROVIDED IN DIVISION (D) OF
THIS SECTION, AN INDIVIDUAL WHO BECOMES A MEMBER OF THE
PUBLIC EMPLOYEES RETIREMENT SYSTEM
ON OR AFTER THE DATE ON WHICH THE PUBLIC EMPLOYEES RETIREMENT BOARD
ESTABLISHES
A PLAN UNDER SECTION 145.81
OF THE REVISED CODE SHALL MAKE AN ELECTION UNDER THIS
SECTION. NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DATE ON WHICH
EMPLOYMENT BEGINS, THE INDIVIDUAL SHALL ELECT TO PARTICIPATE EITHER IN THE
PLAN DESCRIBED IN SECTIONS 145.201 TO 145.79 OF THE REVISED
CODE
OR ONE OF THE PLANS ESTABLISHED UNDER SECTION 145.81 OF THE
REVISED CODE. IF A FORM EVIDENCING AN ELECTION
UNDER THIS SECTION IS NOT ON FILE WITH THE EMPLOYER AT THE END OF THE
ONE-HUNDRED-EIGHTY-DAY PERIOD,
THE INDIVIDUAL IS DEEMED TO HAVE
ELECTED TO
PARTICIPATE IN THE PLAN DESCRIBED IN SECTIONS 145.201 TO 145.79
OF THE REVISED CODE.
(B) AN ELECTION UNDER THIS SECTION SHALL BE MADE IN WRITING ON A
FORM PROVIDED BY THE RETIREMENT SYSTEM AND FILED WITH THE
EMPLOYER'S PERSONNEL OFFICER. NOT LATER THAN
TEN DAYS
AFTER RECEIVING THE FORM EVIDENCING THE ELECTION, THE EMPLOYER SHALL TRANSMIT
TO THE SYSTEM A COPY THAT INCLUDES A STATEMENT CERTIFYING
THAT IT IS A TRUE AND ACCURATE COPY OF THE ORIGINAL.
(C) AN ELECTION UNDER THIS SECTION SHALL TAKE EFFECT ON THE DATE
EMPLOYMENT BEGAN AND IS IRREVOCABLE ON RECEIPT BY THE EMPLOYER.
(D) AN INDIVIDUAL IS INELIGIBLE TO MAKE AN ELECTION UNDER THIS
SECTION IF ONE OF THE FOLLOWING APPLIES:
(1) AT THE TIME EMPLOYMENT BEGINS, THE INDIVIDUAL IS ALREADY A
MEMBER OR CONTRIBUTOR PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS
145.201 TO 145.79 OF THE REVISED CODE OR A PERS
RETIRANT, AS DEFINED IN SECTION 145.38 of the Revised Code.
(2) AN ELECTION TO PARTICIPATE IN AN ALTERNATIVE RETIREMENT PLAN
UNDER SECTION 3305.05 OF THE REVISED CODE IS IN EFFECT FOR
EMPLOYMENT COVERED BY THE SYSTEM.
(3) THE INDIVIDUAL IS A LAW ENFORCEMENT OFFICER.
Sec. 145.191. (A) A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT
SYSTEM, OTHER THAN A MEMBER WHO IS A LAW ENFORCEMENT OFFICER, WHO, AS OF THE
LAST DAY OF THE MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH THE
SYSTEM ESTABLISHES A PLAN UNDER SECTION 145.81
OF THE REVISED CODE, HAS LESS THAN FIVE YEARS OF TOTAL
SERVICE CREDIT IS ELIGIBLE TO MAKE AN ELECTION UNDER THIS SECTION.
NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE DAY THE
BOARD FIRST ESTABLISHES ONE OR MORE PLANS UNDER SECTION 145.81
OF THE REVISED CODE, AN ELIGIBLE MEMBER MAY ELECT TO
PARTICIPATE IN
A PLAN ESTABLISHED UNDER THAT SECTION. IF AN ELECTION IS NOT MADE, A MEMBER
TO WHOM THIS SECTION APPLIES
IS DEEMED TO HAVE ELECTED TO CONTINUE PARTICIPATING IN THE PLAN
DESCRIBED IN SECTIONS 145.201 TO 145.79 OF THE REVISED
CODE.
(B) AN ELECTION UNDER THIS SECTION SHALL BE MADE IN WRITING ON A
FORM PROVIDED BY THE SYSTEM AND FILED WITH THE SYSTEM.
(C) ON RECEIPT OF AN ELECTION UNDER THIS SECTION, THE SYSTEM
SHALL DO BOTH OF THE FOLLOWING:
(1) CREDIT TO THE ACCOUNT OF THE MEMBER IN THE DEFINED
CONTRIBUTION FUND THE ACCUMULATED CONTRIBUTIONS STANDING TO THE MEMBER'S
CREDIT IN THE EMPLOYEES' SAVINGS FUND;
(2) CANCEL ALL SERVICE CREDIT AND ELIGIBILITY FOR ANY PAYMENT,
BENEFIT, OR RIGHT UNDER THE PLAN DESCRIBED IN SECTIONS 145.201 TO
145.79 OF THE REVISED CODE.
(D) AN
ELECTION UNDER THIS SECTION SHALL BE IRREVOCABLE ON RECEIPT BY THE
SYSTEM.
Sec. 145.192. A MEMBER OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM
WHO ELECTS TO PARTICIPATE IN A PLAN ESTABLISHED UNDER SECTION 145.81
OF THE REVISED
CODE SHALL BE INELIGIBLE FOR ANY BENEFIT OR PAYMENT UNDER
SECTIONS 145.201 TO 145.79 OF THE REVISED CODE AND
SHALL BE FOREVER
BARRED FROM CLAIMING OR PURCHASING SERVICE CREDIT WITH THE SYSTEM OR ANY OTHER
OHIO STATE RETIREMENT SYSTEM, AS DEFINED IN SECTION 145.30 OF THE
REVISED CODE, FOR SERVICE COVERED BY THE
ELECTION.
Sec. 145.20. Any elective official of the state of Ohio or
of any political subdivision thereof having employees in the
public employees retirement system shall be considered as an
employee of the state or such political subdivision, and may
become a member of the system upon application to the public
employees retirement board, with all the rights, privileges, and
obligations of membership. Service as any such elective official
by any member of the system rendered prior to January 1, 1935,
shall be included as prior service, provided the member has
completed three years of contributing service, or the equivalent
thereof, in the public employees retirement system subsequent to
the date that membership is established.
Credit for service between January 1, 1935, and the date
that membership is established, except service as an elective
official that was 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, may be secured by the elective
official provided he THE ELECTIVE OFFICIAL pays into the
employees' savings fund an
amount determined by applying the member contribution rate in
effect at the time of payment to the earnable salary of the
member during all periods of service after January 1, 1935,
covered by sections 145.01 to 145.59 of the Revised Code THIS
CHAPTER, for
which contributions have not been paid, plus interest on such
amount compounded annually at a rate to be determined by the
board, and completes one and one-half years of contributing
membership in the public employees retirement system subsequent
to the date membership was established. The member may choose to
purchase only part of such credit in any one payment. The public
employees retirement board shall determine the amount and manner
of payment of such contributions. In the event of death or
withdrawal from service, the payment into the employees' savings
fund for such service credit shall be considered as accumulated
contributions of the member.
Sec. 145.21. The public employees retirement board shall provide for the
maintenance of an individual account with each contributor showing the amount
of his THE CONTRIBUTOR'S contributions and the interest
accumulations thereon. It shall collect
and keep in convenient form such data as is necessary for the preparation of
the required mortality and service tables, and for an actuarial valuation of
the assets and liabilities of the various funds created by sections 145.01
to
145.59 of the Revised Code THIS CHAPTER. Upon the basis of the
mortality and service
experience of the members, contributors, retirants, and beneficiaries of the
public employees retirement system, the board shall adopt from time to time
such tables as are deemed necessary for valuation purposes and for determining
the amount of annuities to be allowed on the basis of the contributions.
Sec. 145.22. (A) The public employees retirement board shall
have prepared annually by or under the supervision of an actuary an actuarial
valuation of the pension assets, liabilities, and funding requirements of the
public employees retirement system as established pursuant to sections
145.01
to 145.59 of the Revised Code THIS CHAPTER. The actuary shall
complete the valuation in
accordance with actuarial standards of practice promulgated by the
actuarial standards board of the American
academy of actuaries and prepare a report of the valuation. The report shall
include all of the following:
(1) A summary of the benefit provisions evaluated;
(2) A summary of the census data and financial information used in the
valuation;
(3) A description of the actuarial assumptions, actuarial cost method,
and asset valuation method used in the valuation, including a statement of the
assumed rate of payroll growth and assumed rate of growth or decline in the
number of members contributing to the retirement system;
(4) A summary of findings that includes a statement of the actuarial
accrued pension liabilities and unfunded actuarial accrued pension
liabilities;
(5) A schedule showing the effect of any changes in the benefit
provisions, actuarial assumptions, or cost methods since the last annual
actuarial valuation;
(6) A statement of whether contributions to the retirement system are
expected to be sufficient to satisfy the funding objectives established by the
board.
The board shall submit the report to the Ohio retirement study
commission COUNCIL and
the standing committees of the house of representatives and the senate with
primary responsibility for retirement legislation not later than the first day
of November SEPTEMBER following the year for which the
valuation was made.
(B) At such time as the public employees retirement board determines, and at
least once in each
five-year period, the board shall have prepared by or
under the supervision of an actuary an actuarial
investigation of the mortality, service, and other experience of the members,
retirants, contributors, and beneficiaries of the system to update the
actuarial assumptions used in the actuarial valuation
required by division (A) of this section. The
actuary shall prepare a report of the actuarial investigation. The report
shall be prepared and any recommended changes in actuarial assumptions shall
be made in accordance with the actuarial standards of practice promulgated by
the actuarial standards board of the American
academy of actuaries. The report shall include all of the following:
(1) A summary of relevant decrement and economic assumption experience
observed over the period of the investigation;
(2) Recommended changes in actuarial assumptions to be used in
subsequent actuarial valuations required by division
(A) of this section;
(3) A measurement of the financial effect of the recommended changes in
actuarial assumptions.
The board shall submit the report to the
Ohio retirement study commission COUNCIL and the
standing committees of the house of representatives and the senate with
primary responsibility for retirement legislation not later than the first day
of November following the last fiscal year of the period the report covers.
(C) The board may at any time request the actuary to make
any studies or actuarial valuations to determine the
adequacy of the
normal and deficiency rates of contribution provided by RATE
DETERMINED UNDER section
145.48 of the Revised Code, and those rates may be adjusted
by the board, as recommended by the actuary, effective as of the first of any
year thereafter.
(D) The board shall have prepared by or under the
supervision of an actuary an actuarial analysis of any introduced legislation
expected to have a measurable financial impact on the retirement system. The
actuarial analysis shall be completed in accordance with the actuarial
standards of practice promulgated by the actuarial standards board of the
American academy of actuaries. The actuary
shall prepare a report of the actuarial analysis, which shall include all of
the following:
(1) A summary of the statutory changes that are being evaluated;
(2) A description of or reference to the actuarial assumptions and
actuarial cost method used in the report;
(3) A description of the participant group or groups included in the
report;
(4) A statement of the financial impact of the legislation, including
the resulting increase, if any, in the employer normal cost percentage; the
increase, if any, in actuarial accrued liabilities; and the per cent of payroll
that would be required to amortize the increase in actuarial accrued
liabilities as a level per cent of covered payroll for all active members over
a period not to exceed thirty years;
(5) A statement of whether the scheduled contributions to the system
after the proposed change is enacted are expected to be sufficient to satisfy
the funding objectives established by the board.
Not later than sixty days from the date of introduction of the
legislation, the board shall submit a copy of the actuarial analysis to the
legislative budget office of the legislative service commission, the standing
committees of the house of representatives and the senate with primary
responsibility for retirement legislation, and the
Ohio retirement study commission COUNCIL.
(E) The board shall have
prepared annually a report giving a full accounting of the
revenues and costs relating to the provision of benefits under
sections 145.325 and 145.58 of the Revised Code. The report shall be made as
of December 31, 1997, and the thirty-first day of
December of each year
thereafter. The report shall include the following:
(1) A description of the statutory authority for the
benefits provided;
(2) A summary of the benefits;
(3) A summary of the eligibility requirements for the
benefits;
(4) A statement of the number of participants eligible for the
benefits;
(5) A description of the accounting, asset valuation, and
funding method used to provide the benefits;
(6) A statement of the net assets available for the
provision of the benefits as of the last day of the fiscal
year;
(7) A statement of any changes in the net assets
available for the provision of benefits, including participant and
employer contributions, net investment income, administrative
expenses, and benefits provided to participants, as of the last day
of the fiscal year;
(8) For the last six consecutive fiscal years, a schedule
of the net assets available for the benefits, the
annual cost of benefits, administrative expenses incurred, and
annual employer contributions allocated for the provision of
benefits;
(9) A description of any significant changes that affect
the comparability of the report required under this
division;
(10) A statement of the amount paid under division (D) of section
145.58 of the Revised Code.
The board shall submit the report to the Ohio retirement study
commission COUNCIL and the standing committees of the house of
representatives and the senate with primary responsibility for
retirement legislation not later than the thirtieth day of
June following the year for which the report was made.
Sec. 145.23. The funds hereby created are the employees'
savings fund, the employers' accumulation fund, the annuity and
pension reserve fund, the income fund, the survivors' benefit
fund, THE DEFINED CONTRIBUTION FUND, and the expense fund.
(A) The employees' savings fund is the fund in which shall
be accumulated contributions from the earnable salaries of
contributors for the purchase of annuities or retirement
allowances.
The accumulated contributions of a contributor returned to
him THE CONTRIBUTOR upon his withdrawal, or paid to
his THE CONTRIBUTOR'S estate or designated
beneficiary in the event of his death, shall be paid from the
employees' savings fund. Any accumulated contributions forfeited
by failure of a member, or his A MEMBER'S estate, to claim the
same, shall
be transferred from the employees' savings fund to the income
fund. The accumulated contributions of a contributor shall be
transferred from the employees' savings fund to the annuity and
pension reserve fund in the event of his THE CONTRIBUTOR'S
retirement.
(B) The employers' accumulation fund is the fund in which
shall be accumulated the reserves for the payment of all pensions
and disability benefits payable as provided in this chapter. The
amounts paid by the state of Ohio and by any employer defined in
division (A) of UNDER section 145.01 145.48 of the
Revised Code because of the
normal contributions and deficiency contributions shall be
credited to the employers' accumulation fund.
Any payments made into the employers' accumulation fund by
a member as provided in section 145.31 of the Revised Code shall
be refunded to such member under the conditions specified in
section 145.40 of the Revised Code.
Upon the retirement of a contributor, the full amount of
his THE CONTRIBUTOR'S pension reserve shall be transferred from
the employers'
accumulation fund to the annuity and pension reserve fund.
(C) The annuity and pension reserve fund is the fund from
which shall be paid all pensions, disability benefits, annuities,
and benefits in lieu thereof, because of which reserves have been
transferred from the employees' savings fund and the employers'
accumulation fund.
Any contributor may deposit in the employees' savings fund,
subject to rules established from time to time by the public
employees retirement board SYSTEM, such ADDITIONAL
amounts as he
desires, and, at
the time of age and service retirement, shall receive in return
therefor, at his THE CONTRIBUTOR'S option, either an annuity
having a reserve equal
to the amount deposited or a cash refund of such amounts together
with such interest as may have been allowed by the public
employees retirement board at the end of each calendar year.
Such deposits for additional annuity together with such interest
as may have been allowed by the public employees retirement board
at the end of each calendar year shall be refunded in the event
of death prior to retirement or withdrawal of accumulated
contributions as provided in sections 145.40 and 145.43 of the
Revised Code or upon application of the contributor prior to age
and service retirement.
FOR DEPOSITS RECEIVED IN A CALENDAR YEAR,
INTEREST SHALL BE EARNED BEGINNING ON THE FIRST DAY OF THE CALENDAR YEAR NEXT
FOLLOWING AND ENDING ON THE LAST DAY OF THAT YEAR,
EXCEPT THAT IN THE CASE OF A
PAYMENT UNDER THIS DIVISION
MADE PRIOR TO THE LAST DAY OF A YEAR, INTEREST SHALL BE EARNED ENDING ON THE
LAST DAY OF THE MONTH PRIOR TO THE DATE OF PAYMENT.
THE BOARD SHALL CREDIT INTEREST AT THE END OF THE CALENDAR YEAR IN WHICH IT IS
EARNED.
(D) The income fund is the fund from which interest is
transferred and credited on the amounts in the funds described in
divisions (B), (C), and (F) of this section, and is a contingent
fund from which the special requirements of the funds may be paid
by transfer from this fund. All income derived from the
investment of THE funds by the public employees retirement board as
trustee under section 145.11 of the Revised Code SYSTEM,
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 in
Chapter 145. of the Revised Code, shall be paid by transfers of
amounts from the income fund to such fund or funds. If the
amount in the income fund is insufficient at any time to meet the
amounts payable therefrom TO THE FUNDS DESCRIBED IN DIVISIONS
(C) AND (F) OF THIS SECTION, the amount of the
deficiency, with
regular interest, shall be paid by an additional employer rate of
contributions as determined by the actuary, not to exceed
fourteen per cent, and the amount of the additional employer
contribution shall be credited to the income fund TRANSFERRED FROM THE
EMPLOYERS' ACCUMULATION FUND.
The public employees retirement board SYSTEM may accept gifts
and
bequests. Any funds that may come into possession of the public
employees retirement board in this manner, or GIFTS OR BEQUESTS, ANY
FUNDS which may be
transferred from the employees' savings fund by reason of lack of
a claimant, or any surplus in any fund created by this section,
or any other funds whose disposition is not otherwise provided
for, shall be credited to the income fund.
(E) The expense fund is the fund from which shall be paid
the expenses of the administration of this chapter, exclusive of
amounts payable as retirement allowances and as other benefits.
(F) The survivors' benefit fund is the fund from which
shall be paid dependent survivor benefits provided by section
145.45 of the Revised Code.
(G) THE DEFINED CONTRIBUTION FUND IS THE FUND IN
WHICH
SHALL BE ACCUMULATED THE CONTRIBUTIONS DEDUCTED FROM THE EARNABLE SALARY OF
MEMBERS PARTICIPATING IN A PLAN ESTABLISHED UNDER SECTION 145.81 of the Revised Code, AS
PROVIDED IN
SECTION 145.85 OF THE REVISED CODE, TOGETHER WITH ANY
EARNINGS AND
EMPLOYER CONTRIBUTIONS, AS PROVIDED IN SECTION 145.86 OF THE
REVISED CODE, CREDITED THEREON. THE DEFINED CONTRIBUTION
FUND IS THE FUND FROM WHICH SHALL BE PAID ALL BENEFITS PROVIDED UNDER A PLAN
ESTABLISHED UNDER SECTION 145.81 of the Revised Code.
Sec. 145.25. When reference is made in sections 145.01 to 145.57,
inclusive,
of the Revised Code THIS CHAPTER, to the employees' savings fund,
the employers'
accumulation fund, the annuity and pension reserve fund, the income fund, the
survivors' benefit fund, THE DEFINED CONTRIBUTION FUND, or the
expense fund, such reference is 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. 145.26. The treasurer of state shall be the custodian
of the funds of the public employees retirement system, and all
disbursements therefrom shall be paid by him THE TREASURER OF
STATE only upon
instruments authorized by the public employees retirement board
and bearing the signatures of the board; provided, that such
instruments may bear the names of the board members printed
thereon and the signatures of the chairman CHAIRPERSON, or of
the
vice-chairman VICE-CHAIRPERSON in case of the absence or
disability of the
chairman CHAIRPERSON, and of the executive director of the
board. The
signatures of the chairman CHAIRPERSON and of the executive
director may be
affixed through the use of a mechanical check-signing device.
The treasurer of state shall give a separate and additional
bond in such amount as is fixed by the governor and with sureties
selected by the board and approved by the governor, conditioned
for the faithful performance of the duties of the treasurer of
state as custodian of the funds of the system. Such bond shall
be deposited with the secretary of state and kept in his THE
office.
The governor may require the treasurer of state to give other and
additional bonds, as the funds of the system increase, in such
amounts and at such times as may be fixed by the governor, which
additional bonds shall be conditioned, filed, and obtained as is
provided for the original bond of the treasurer of state covering
the funds of the system. The premium on all bonds shall be paid
by the board.
The treasurer of state shall deposit any portion of the
funds of the system not needed for immediate use in the same
manner as state funds are deposited, and subject to all laws with
respect to the deposit of state funds, by the treasurer of state,
and all interest earned by such portion of the retirement funds
as is deposited by the treasurer of state shall be collected by
him THE TREASURER OF STATE and placed to the credit of the
board.
THE TREASURER OF STATE SHALL FURNISH ANNUALLY TO THE BOARD A SWORN
STATEMENT OF THE AMOUNT OF THE FUNDS IN THE TREASURER OF STATE'S CUSTODY
BELONGING TO THE SYSTEM.
Sec. 145.27. (A) The treasurer of state shall furnish
annually to the public employees retirement board a sworn
statement of the amount of the funds in the treasurer of
state's custody belonging to
the public employees retirement system.
(B)(1) As used in this division, "personal history record"
means information maintained by the PUBLIC EMPLOYEES RETIREMENT board
on a member, former
member, contributor, former contributor, retirant, or beneficiary
that includes the address, telephone number, social security
number, record of contributions, correspondence with the PUBLIC EMPLOYEES
RETIREMENT system,
or 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,
except with the written authorization of the individual
concerned:
(a) The individual's statement of previous service and
other information as provided for in section 145.16 of the
Revised Code;
(b) The amount of a monthly allowance or benefit paid to
the individual;
(c) The individual's personal history record.
(C)(B) All medical reports and recommendations required by
sections 145.01 to 145.59 of the Revised Code THIS CHAPTER are
privileged,
except that copies of such medical reports or recommendations
shall be made available to the personal physician, attorney, or
authorized agent of the individual concerned upon written release
from the individual or the individual's
agent, or when necessary for the proper
administration of the fund, to the board assigned physician.
(D)(C) Any person who is a member or contributor of the
system shall be furnished with a statement of the amount to the
credit of the individual's account upon
written request. The
board is not required to answer more than one such request of a
person in any one year. The board may issue annual statements of
accounts to members and contributors.
(E)(D) Notwithstanding the exceptions to public inspection in
division (B)(A)(2) of this section, the board may furnish the
following information:
(1) If a member, former member, contributor, former
contributor, 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 or administrative order issued
under section 3111.23 or 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 person, the board shall
provide to the person a list of the names and addresses of
members, former members, contributors, former contributors,
retirants, or beneficiaries. The costs of compiling, copying,
and mailing the list shall be paid by such person.
(4) Within fourteen days after receiving from the director
of job and family 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 that of a person whose name or social
security number was submitted by the director. The board and its
employees shall, except for purposes of furnishing the auditor of
state with information required by this section, preserve the
confidentiality of recipients of public assistance in compliance
with division (A) of section 5101.181 of the Revised Code.
(F)(E) A statement that contains information obtained from
the system's records that is signed by the executive director 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. 145.29. Three years of contributing membership in the
public employees retirement system subsequent to the date that
membership is established entitles a member to receive prior
service credit for services prior to January 1, 1935, in any
capacity which comes under sections 145.01 to 145.58 of the
Revised Code THIS CHAPTER, provided that such member has not lost
membership
at any time by the withdrawal of his THE MEMBER'S accumulated
contributions.
Members who have withdrawn an exemption shall receive the prior
service credit provided for under the conditions of this section,
only in the event such member has made the payments required by
section 145.28 of the Revised Code. If the public employees
retirement board determines that a position of any employee
member in any one calendar year prior to January 1, 1935, was a
part-time position, the board may determine what fractional part
of a year's credit shall be given. In determining what credit
shall be allowed to regular, full-time employees who are paid on
an hourly or per diem basis, the board shall allow a full day's
credit to any employee toward retirement who is called to work
and works any portion of a day. Credit for service between
January 1, 1935, and the date he became OF BECOMING a member
except a
part-time employee who claimed exemption under the provisions of
section 145.03 of the Revised Code, may be secured by any public
employee for service rendered an employer provided such public
employee pays into the employees' savings fund an amount equal to
the amount he THE MEMBER would have paid if deductions had been
taken on his THE MEMBER'S
earnable salary at the member contribution rate in effect at the
time of such payment for service after January 1, 1935, or since
his THE MEMBER'S date of employment, plus interest on such
amount compounded
annually at a rate to be determined by the board. The member may
choose to purchase only part of such credit in any one payment,
subject to board rules. Such payment shall be refunded in the
event of the death or withdrawal from service of the member prior
to retirement under the same conditions and in the same manner as
refunds are made under sections 145.40 and 145.43 of the Revised
Code, from the employees' savings fund.
Sec. 145.291. Any member of the public
employees retirement system who subsequent to January 1, 1935, and the
date membership was established was off the payroll either
on a leave of absence approved by the then appointing authority or because
the member resigned due to pregnancy OR ADOPTION OF A CHILD, shall have
the right to make such
payment, at the contribution rate in effect at the time of
payment, with interest on such amount compounded annually at a
rate to be determined by the retirement board as the
member would have made if the member
had continued on the payroll at the earnable salary the
member was receiving at the time public service was
interrupted, provided
that subsequent to such leave of absence OR RESIGNATION the member
returned
to regular contributing status in the retirement system for at least
twelve calendar months.
In the case of resignation, the member must submit evidence satisfactory
to the retirement board documenting that the resignation was due to pregnancy
OR ADOPTION OF A CHILD.
The member may choose to purchase only part of the
credit in any one payment, subject to board rules. The payment
shall entitle the member to receive service credit for the leave or
period of absence, except that service credit purchased under
this section shall not exceed one year. The payment, together with any
regular interest,
shall, in the event of death or withdrawal from service of the
member prior to retirement, be considered as accumulated
contributions of the member.
Sec. 145.297. (A) As used in this section, "employing
unit" means:
(1) A municipal corporation, agency of a municipal
corporation designated by the legislative authority, park
district, conservancy district, sanitary district, health
district, township, metropolitan housing authority, public
library, county law library, union cemetery, joint hospital, or
other political subdivision or unit of local government.
(2) With respect to state employees, any entity of the
state including any department, agency, institution of higher
education, board, bureau, commission, council, office, or
administrative body or any part of such entity that is designated
by the entity as an employing unit.
(3)(a) With respect to employees of a board board of
alcohol, drug addiction, and mental health services, that board.
(b) With respect to employees of a county board of mental
retardation and developmental disabilities, that board.
(c) With respect to other county employees, the county or
any county agency designated by the board of county
commissioners.
(4) In the case of an employee whose employing unit is in
question, the employing unit is the unit through whose payroll
the employee is paid.
(B) An employing unit may establish a retirement incentive
plan for its eligible employees. In the case of a county or
county agency, decisions on whether to establish a retirement
incentive plan for any employees other than employees of a board
of alcohol, drug addiction, and mental health services or county
board of mental retardation and developmental disabilities and on
the terms of the plan shall be made by the board of county
commissioners. In the case of a municipal corporation or an
agency of a municipal corporation, decisions on whether to
establish a retirement incentive plan and on the terms of the
plan shall be made by the legislative authority.
All terms of a retirement incentive plan shall be in
writing.
A retirement incentive plan shall provide for purchase by
the employing unit of service credit for eligible employees who
elect to participate in the plan and for payment by the employing
unit of the entire cost of the service credit purchased.
Every retirement incentive plan shall remain in effect for
at least one year. The employing unit shall give employees at
least thirty days' notice before terminating the plan.
Every retirement incentive plan shall include provisions
for the timely and impartial resolution of grievances and
disputes arising under the plan.
No employing unit shall have more than one retirement
incentive plan in effect at any time.
(C) Any classified or unclassified employee of the
employing unit who is a member of the public employees retirement
system shall be eligible to participate in the retirement
incentive plan established by his THE EMPLOYEE'S employing unit
if he THE EMPLOYEE meets the
following criteria:
(1) The employee is not any of the following:
(a) An elected official;
(b) A member of a board or commission;
(c) A person elected to serve a term of fixed length;
(d) A person appointed to serve a term of fixed length,
other than a person appointed and employed by his THE PERSON'S
employing unit.
(2) The employee is or will be eligible to retire under
section 145.32, 145.34, 145.37, or division (A) of section 145.33
of the Revised Code on or before the date of termination of the
retirement incentive plan. Service credit to be purchased for
the employee under the retirement incentive plan shall be
included in making such determination.
(3) The employee agrees to retire under section 145.32,
145.34, 145.37, or division (A) of section 145.33 of the Revised
Code within ninety days after receiving notice from the public
employees retirement system that service credit has been
purchased for him THE EMPLOYEE under this section.
Participation in the plan shall be available to all
eligible employees except that the employing unit may limit the
number of participants in the plan to a specified percentage of
its employees who are members of the public employees retirement
system on the date the plan goes into effect. The percentage
shall not be less than five per cent of such employees. If
participation is limited, employees with more total service
credit have the right to elect to participate before employees
with less total service credit. In the case of employees with
the same total service credit, employees with a greater length of
service with the employing unit have the right to elect to
participate before employees with less service with the employing
unit. Employees with less than eighteen months of service with
the employing unit have the right to elect to participate only
after all other eligible employees have been given the
opportunity to elect to participate. For the purpose of
determining which employees may participate in a plan, total
service credit includes service credit purchased by the employee
under this chapter after the date on which the plan is
established.
A retirement incentive plan that limits participation may
provide that an employee who does not notify the employing unit
of his THE EMPLOYEE'S decision to participate in the plan within
a specified
period of time will lose priority to participate in the plan
ahead of other employees with less seniority. The time given to
an employee to elect to participate ahead of other employees
shall not be less than thirty days after he THE EMPLOYEE
receives written
notice that he THE EMPLOYEE may participate in the plan.
(D) A retirement incentive plan shall provide for purchase
of the same amount of service credit for each participating
employee, except that the employer may not purchase more service
credit for any employee than the lesser of the following:
(1) Five years of service credit;
(2) An amount of service credit equal to one-fifth of the
total service credited to the participant under sections 145.01
to 145.58 of the Revised Code THIS CHAPTER, exclusive of service
credit
purchased under this section.
For each year of service credit purchased under this
section, the employing unit shall pay an amount equal to the
additional liability resulting from the purchase of that year of
service credit, as determined by an actuary employed by the
public employees retirement board.
(E) Upon the election by an eligible employee to
participate in the retirement incentive plan, the employee and
the employing unit shall agree upon a date for payment or
contracting for payment in installments to the public employees
retirement system of the cost of the service credit to be
purchased. The employing unit shall submit to the public
employees retirement system a written request for a determination
of the cost of the service credit, and within forty-five days
after receiving the request, the board shall give the employing
unit written notice of the cost.
The employing unit shall pay or contract to pay in
installments the cost of the service credit to be purchased to
the public employees retirement system on the date agreed to by
the employee and the employing unit. The payment shall be made
in accordance with rules adopted by the public employees
retirement board. The rules may provide for payment in
installments and for crediting the purchased credit to the
employee's account upon the employer's contracting to pay the
cost in installments. The board shall notify the member when he THE
MEMBER
is credited with service purchased under this section. If the
employee does not retire within ninety days after receiving
notice that he THE EMPLOYEE has been credited with the purchased
service
credit, the system shall refund to the employing unit the amount
paid for the service credit.
No payment made to the public employees retirement system
under this section shall affect any payment required by section
145.48 of the Revised Code.
Sec. 145.322. (A) On and after July 1, 1968, all
allowances, pensions, or other benefits, which are payable or
become payable and for which eligibility is established prior to
July 1, 1968, pursuant to the provisions of sections 145.33,
145.34, 145.36, 145.37, 145.45, and 145.46 of the Revised Code,
shall be increased by the percentages as determined by the
effective date of the allowance, pension, or benefit, as follows:
Effective Date of Benefit | |
Calendar Year | Percentage of Increase |
1937 through 1955 | 24.3 |
1956 | 22.5 |
1957 | 18.4 |
1958 | 15.2 |
1959 | 14.3 |
1960 | 12.5 |
1961 | 11.3 |
1962 | 10.1 |
1963 | 8.7 |
1964 | 7.3 |
1965 | 5.6 |
1966 | 2.6 |
1967 | 2.0 |
January 1, 1968 through June 30, 1968 | 2.0 |
(B)(1) All increases determined by applying the
percentages in the table in division (A) of this section shall be
reduced by the dollar amount of the increases granted in 1965
pursuant to divisions (D), (E), and (F) of section 145.321 of the
Revised Code, except that no allowance, pension, or benefit shall
be reduced below the amount due on June 30, 1968, and no allowance
granted under this section shall be less than a total annual sum
of thirty-six dollars.
(2) The allowances increased by division (A) of this
section shall exclude any monthly amount payable by reason of any
voluntary deposits made under section 145.201 and division (C) of
section 145.23 of the Revised Code.
(3) The increases provided by this section shall be
granted notwithstanding the final average salary limitation in
sections 145.33 and 145.36 of the Revised Code.
(4) The cost of the increases provided by this section
shall be included in the employer's contribution rate provided by
sections SECTION 145.48, 145.49, and
145.50 of the Revised Code. Such
employer's contribution rate shall not be increased until July 1,
1969, or later to reflect the increased costs created by this
section.
Sec. 145.325. (A) Except as otherwise provided in
division (B) of this section, the board of the public employees
retirement system shall make available to each retirant or
disability benefit recipient receiving a monthly allowance or
benefit on or after January 1, 1968, who has attained the age of
sixty-five years, and who is not eligible to receive hospital
insurance benefits under the federal old age, survivors, and
disability insurance program, hospital insurance coverage
substantially equivalent to the federal hospital insurance
benefits, Social Security Amendments of 1965, 79 Stat. 291, 42
U.S.C.A. 1395c, as amended. This coverage shall also be made
available to the spouse, widow, or widower of such retirant or
disability benefit recipient provided such spouse, widow, or
widower has attained age sixty-five and is not eligible to
receive hospital insurance benefits under the federal old age,
survivors, and disability insurance program. The widow or
widower of a retirant or disability benefit recipient shall be
eligible for such coverage only if he or she is the recipient of
a monthly allowance or benefit from this system. One-half of the
cost of the premium for the spouse shall be paid from the
appropriate funds of the public employees retirement system and
one-half by the recipient of the allowance or benefit.
The cost of such coverage, paid from the funds of the
system, shall be included in the employer's rate provided by
sections SECTION 145.48, 145.49, and 145.50 of the
Revised Code. The
retirement board is authorized to make all necessary rules
pursuant to the purpose and intent of this section, and shall
contract for such coverage as provided in section 145.58 of the
Revised Code.
(B) The board need not make the hospital insurance
coverage described in division (A) of this section available to
any person for whom it is prohibited by section 145.58 of the
Revised Code from paying or reimbursing the premium cost of such
insurance.
Sec. 145.3213. (A) AS USED IN THIS SECTION, "BENEFIT" MEANS AN
ANNUAL ALLOWANCE, PENSION, OR BENEFIT PAID PURSUANT TO SECTION 145.33,
145.34, 145.36, 145.37, 145.45, OR 145.46 OF THE REVISED
CODE, AND INCLUDES ANY AMOUNTS PAID
PURSUANT TO SECTIONS 145.323 AND 145.332 OF THE REVISED
CODE. "BENEFIT" DOES NOT INCLUDE ANY AMOUNTS PAYABLE BY REASON OF
DEPOSITS TO THE
EMPLOYEES' SAVINGS FUND PURSUANT TO SECTION 145.23 OF THE REVISED
CODE.
(B) THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL INCREASE THE
BENEFIT PAYABLE TO EACH INDIVIDUAL ELIGIBLE TO RECEIVE A BENEFIT THAT
BECAME EFFECTIVE ON OR BEFORE DECEMBER 31, 1979. THE
INCREASE SHALL BE EFFECTIVE ON THE FIRST DAY OF THE MONTH FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION AND BE AN AMOUNT DETERMINED BY MULTIPLYING THE
BENEFIT FOR WHICH
THE INDIVIDUAL WAS ELIGIBLE
ON THE LAST DAY OF THE MONTH IN WHICH THIS SECTION TAKES
EFFECT BY THE FOLLOWING
PERCENTAGES AS DETERMINED BY THE CALENDAR YEAR IN WHICH THE
BENEFIT BECAME EFFECTIVE:
CALENDAR YEAR EFFECTIVE | PERCENTAGE OF INCREASE |
1955 AND EARLIER | 25.0 |
1956 | 28.3 |
1957 | 38.4 |
1958 | 23.2 |
1959 | 27.1 |
1960 | 28.2 |
1961 | 24.6 |
1962 | 27.9 |
1963 | 26.6 |
1964 | 30.1 |
1965 | 23.5 |
1966 | 25.5 |
1967 | 28.7 |
1968 | 21.9 |
1969 | 23.9 |
1970 | 21.5 |
1971 | 22.2 |
1972 | 22.4 |
1973 | 21.3 |
1974 | 21.1 |
1975 | 20.7 |
1976 | 20.6 |
1977 | 20.5 |
1978 | 13.5 |
1979 | 4.0 |
(C) AN INCREASE MADE PURSUANT TO THIS SECTION SHALL BE INCLUDED
IN THE CALCULATION OF ADDITIONAL BENEFITS UNDER SECTION 145.323 OF THE
REVISED CODE.
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 TWO-TENTHS 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
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-FIVE 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-FIVE 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 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 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) 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 of attaining 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 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, 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 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 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) Retirement allowances determined under this section
shall be paid as provided in section 145.46 of the Revised Code.
(E) 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. 145.331. (A) A recipient of a disability allowance
under section 145.361 of the Revised Code who is subject to
division (C)(3) of that section may make application for age and
service retirement under this section. Retirement shall be
effective on the first day of the first month following the last
day for which the disability allowance is paid.
(B) The annual allowance payable under this section shall
consist of the sum of the amounts determined under divisions
(B)(1) and (2) of this section:
(1) The greater of the following:
(a) An allowance calculated as provided in section 145.33
or 145.34 of the Revised Code, excluding any period during which
the applicant received a disability benefit under section 145.361
of the Revised Code;
(b) An allowance calculated by multiplying the applicant's
total service credit, including service credit for the last
continuous period during which he THE APPLICANT received a
disability benefit
under section 145.361 of the Revised Code, by two and one-tenth
TWO-TENTHS per cent of his THE APPLICANT'S final average
salary, except
that the allowance
shall not exceed forty-five per cent of the applicant's final
average salary.
(2) An amount equal to the additional allowance the
recipient would receive under section 145.323 of the Revised
Code, plus any other additional amount he THE RECIPIENT would
receive under
this chapter, had he THE RECIPIENT retired under section 145.33
or 145.34 of
the Revised Code effective on the effective date of his THE
RECIPIENT'S most
recent continuous period of receipt of a disability benefit under
section 145.361 of the Revised Code.
(C) The allowance calculated under division (B) of this
section, exclusive of any amount added under division (B)(2) of
this section based on section 145.323 of the Revised Code, shall
be the base for all future additional allowances under section
145.323 of the Revised Code.
The anniversary date for future additional allowances under
section 145.323 of the Revised Code shall be the effective date
of the recipient's most recent continuous period of receipt of a
disability benefit under section 145.361 of the Revised Code.
(D) The retirement allowance determined under this section
shall be paid as provided in section 145.46 of the Revised Code.
Sec. 145.332. (A) AS USED IN THIS SECTION,
"BENEFIT" MEANS AN ALLOWANCE, PENSION, OR BENEFIT RECEIVED
UNDER SECTION 145.33, 145.331, 145.34, 145.36, 145.361, 145.37, 145.45, OR
145.46 OF THE REVISED CODE.
"BENEFIT" DOES NOT INCLUDE ANY AMOUNTS PAYABLE BY REASON OF DEPOSITS TO
THE EMPLOYEES' SAVINGS FUND PURSUANT TO SECTION 145.23 OF THE
REVISED CODE.
(B)THE PUBLIC EMPLOYEES RETIREMENT SYSTEM SHALL
RECALCULATE EACH BENEFIT DETERMINED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION. THE RECALCULATED BENEFIT IS PAYABLE ON THE FIRST DAY OF THE MONTH
FOLLOWING THE EFFECTIVE DATE OF THIS SECTION. THE RECALCULATION SHALL BE MADE
AS FOLLOWS:
(1) RECALCULATE, PURSUANT TO SECTION 145.33, 145.331, 145.36,
146.361, OR 145.45 OF THE REVISED CODE AS IN EFFECT ON THE
EFFECTIVE
DATE OF
THIS SECTION, THE BENEFIT INITIALLY GRANTED;
(2) RECALCULATE, USING THE BENEFIT AMOUNT DETERMINED UNDER
DIVISION (B)(1) OF THIS SECTION, ANY INCREASE IN
THE BENEFIT
AMOUNT THAT WAS AUTHORIZED UNDER THIS CHAPTER OF THE
REVISED CODE AND GRANTED BEFORE THE EFFECTIVE DATE
OF THIS SECTION;
(3) THE SUM OF THE AMOUNTS DETERMINED UNDER DIVISIONS
(B)(1)
AND (2) OF THIS SECTION IS THE RECALCULATED BENEFIT.
(C) IF THE RECALCULATED BENEFIT IS LESS THAN
THE AMOUNT PAYABLE PRIOR TO THE RECALCULATION, THE RETIREMENT SYSTEM SHALL
CONTINUE TO PAY THE
GREATER BENEFIT.
(D) ANY INCREASE RESULTING FROM PAYMENT OF A RECALCULATED BENEFIT
SHALL BE INCLUDED IN THE CALCULATION OF ADDITIONAL BENEFITS UNDER
SECTIONS 145.323 AND 145.3213 OF THE REVISED CODE.
Sec. 145.34. Any member who has completed twenty-five
years of total service and has attained his THE MEMBER'S
fifty-fifth birthday,
may retire on a commuted age and service allowance. Upon
retirement on a commuted age and service allowance on or after
September 30, 1963, a member shall be granted a retirement
allowance consisting of:
(A) An annuity having a reserve equal to the amount of the
member's accumulated contributions at that time;
(B) A pension equal to the annuity provided by division
(A) of this section;
(C) An additional pension, if such member can qualify for
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 145.33 of the Revised
Code, after either sixty years of age or thirty years of service
credit, whichever can be attained first. The annual prior
service pension shall be determined by the amount of such
commuted reserve divided by the age and service annuity rate for
the attained age at retirement.
(D) The commuted value calculated as provided in division
(C) of this section of a basic annual pension of one hundred
eighty dollars, provided the member has ten or more years of
total service credit as of October 1, 1956. The cost of the
basic annual pension shall be included in the deficiency
contribution.
(E) When a member retires on commuted age and service
retirement, his THE MEMBER'S single lifetime allowance shall not
be less than
that provided by divisions (A), (B), (C), and (D) of this section
and division (A)(5) of section 145.33 of the Revised Code and
shall not exceed the limits established by division (A)(6) of
that section.
A year of service for the purpose of commuted age and
service retirement and of applying the minimum retirement
allowance as provided in this section is defined as a complete
year of full-time employment, or the equivalent thereof. The
board is the final authority in determining the eligibility of an
employee for such form of retirement and for such minimum
allowance.
In determining eligibility only for retirement under this
section the board shall include in "total service" the years of
prior service credit granted members of the public employees
retirement system by a publicly owned utility as provided for in
section 145.48 of the Revised Code under a pension plan adopted
by the publicly owned utility.
(F) Retirement allowances determined under this section
shall be paid as provided in section 145.46 of the Revised Code.
Sec. 145.36. A member who has elected disability coverage
under this section, has not attained age sixty, and is determined
by the public employees retirement board under section 145.35 of
the Revised Code to qualify for a disability benefit shall be
retired on disability under this section.
Upon disability retirement, a member shall receive an
annual amount that shall consist of:
(A) An annuity having a reserve equal to the amount of the
retirant's accumulated contributions;
(B) A pension that shall be the difference between his THE
MEMBER'S
annuity and an annual amount determined by multiplying the total
service credit of the retirant, and in addition thereto the
projected number of years and fractions thereof between the
effective date of his THE MEMBER'S disability retirement and
attained age
sixty, assuming continuous service, by eighty-six dollars or two
and one-tenth TWO-TENTHS per cent of his THE
MEMBER'S final average salary,
whichever is
greater.
Where the recipient is not receiving a disability benefit
under section 145.37 of the Revised Code and is receiving a
disability benefit from either the state teachers retirement
system or the school employees retirement system, the recipient
shall not be eligible for service credit based upon the number of
years and fractions thereof between the date of disability and
attained age sixty as provided for in this division.
In no case shall disability retirement be less than thirty
per cent or more than seventy-five per cent of the member's final
average salary, except that it shall not exceed any limit to
which the retirement system is subject under section 415 of the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,
as amended.
A year of service for the purpose of disability retirement
is a complete year of full-time employment, or the equivalent
thereof. The public employees retirement board is the final
authority in determining the eligibility of a member for
disability retirement.
Sec. 145.361. (A) A member with disability coverage under
this section who is determined by the public employees retirement
board under section 145.35 of the Revised Code to qualify for a
disability benefit shall receive a disability allowance under
this section. The allowance shall be an annual amount equal to
the greater of the following:
(1) Forty-five per cent of the member's final average
salary;
(2) The member's total service credit multiplied by two
and one-tenth TWO-TENTHS per cent of his THE
MEMBER'S final average salary,
not exceeding
sixty per cent of his THE MEMBER'S final average salary.
(B) Sufficient reserves for payment of the disability
allowance shall be transferred to the annuity and pension reserve
fund from the employers' contribution fund. The accumulated
contributions of the member shall remain in the employees'
savings fund. No part of the allowance paid under this section
shall be charged against the member's accumulated contributions.
(C) A disability allowance paid under this section shall
terminate at the earliest of the following:
(1) The effective date of age and service retirement under
sections 145.32 and 145.33, or section 145.34 or 145.37 of the
Revised Code;
(2) The date the allowance is terminated under section
145.362 of the Revised Code;
(3) The later of the last day of the month in which the
recipient attains age sixty-five, or the last day of the month in
which the benefit period ends as follows:
Attained Age at Effective Date | |
of Disability Allowance | Benefit Period |
60 or 61 | 60 months |
62 or 63 | 48 months |
64 or 65 | 36 months |
66, 67, or 68 | 24 months |
69 or older | 12 months |
Sec. 145.38. (A) As used in this section:
(1) "PERS retirant" means a former member of the public
employees retirement system who is receiving either ONE of the
following:
(a) Age and service retirement benefits under section
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code;
(b) Age and service retirement benefits paid by the public
employees retirement system under section 145.37 of the Revised
Code;
(c) ANY BENEFIT PAID BY THE SYSTEM UNDER A PLAN ESTABLISHED UNDER
SECTION 145.81 of the Revised Code.
(2) "Other system retirant" means both of the following:
(a) A member or former member of the Ohio police and
fire pension fund, state teachers retirement system,
school employees retirement system, state highway patrol
retirement system, or Cincinnati retirement system who is
receiving age and service or commuted age and service retirement
benefits or a disability benefit from a system of which the
person is a member or former member;
(b) A member or former member of the public employees
retirement system who is receiving age and service retirement
benefits or a disability benefit under section 145.37 of the
Revised Code paid by the school employees retirement system or
the state teachers retirement system.
(B)(1) Subject to this section, a PERS retirant or other
system retirant may be employed by a public employer. If so
employed, the PERS retirant or other system retirant shall
contribute to the public employees retirement system in
accordance with section 145.47 of the Revised Code, and the
employer shall make contributions in accordance with section
145.48 of the Revised Code.
(2) A public employer that employs a PERS retirant or
other system retirant, or enters into a contract for services as
an independent contractor with a PERS retirant who was employed
by the public employer at the time of the retirant's
retirement shall notify the retirement board of the employment or contract not
later than the end of the month in which the employment or contract
commences. Any overpayment of benefits to a PERS retirant by the
retirement system resulting from delay or failure of the employer
to give the notice shall be repaid to the retirement system by
the employer.
(3) On receipt of notice from a public employer that a
person who is an other system retirant has been employed, the
retirement system shall notify the retirement system of which the
other system retirant was a member of such employment.
(4)(a) A PERS retirant who has received a retirement
allowance for less than six months when employment subject to
this section commences shall forfeit the retirement allowance for
the period that begins on the date the employment commences and
ends on the date that is six months after the date on which the
retirement allowance commenced. Service and contributions for
that period shall not be included in calculation of any benefits
payable to the PERS retirant and those contributions shall be
refunded on the retirant's death or termination of the
employment. For purposes of this division, "employment" shall include service
for which the retirant or the retirant's employer, or both, have waived any
earnable salary for such service.
(b) An other system retirant who has received a retirement
allowance or disability benefit for less than two
months when employment subject to this section commences shall
forfeit the retirement allowance or disability benefit for the
period that begins on the date the employment commences and ends
on the date that is two months after the date on which the
retirement allowance or disability benefit commenced. Service
and contributions for that period shall not be included in the
calculation of any benefits payable to the other system retirant
and those contributions shall be refunded on the retirant's
death or termination of the employment.
(5) On receipt of notice from the Ohio police and
fire pension fund, school employees retirement
system,
or state teachers retirement system of the re-employment of a
PERS retirant, the public employees retirement system shall not pay,
or if paid, shall recover, the amount to be forfeited by the PERS
retirant in accordance with section 742.26, 3307.35,
or 3309.341
of the Revised Code.
(6) A PERS retirant who enters into a contract to provide
services as an independent contractor to the employer by which
the retirant was employed at the time of retirement or, less
than two months after the retirement allowance commences, begins
providing services as an independent contractor pursuant to a contract with
another public employer, shall forfeit the pension portion of
the retirement benefit for the period beginning the first day of the
month following the month in which the services begin and ending
on the first day of the month following the month in which the
services end. The annuity portion of the retirement allowance
shall be suspended on the day services under the contract begin
and shall accumulate to the credit of the retirant to be paid in
a single payment after services provided under the contract
terminate. A PERS retirant subject to division (B)(6) of this
section shall not contribute to the retirement system and shall
not become a member of the system.
(C)(1) Except as provided in division (C)(4) of this
section, a PERS retirant employed pursuant to this section
shall elect one of the following:
(a) To receive both compensation for the
employment and a retirement allowance;
(b) To receive compensation for the employment and
forfeit the pension portion of the retirement allowance.
(2) A PERS retirant who is described in division (C)(4)
of this section or elects to forfeit the pension
portion of the retirement allowance under division (C)(1)(b)
of this section shall become a new member of the public employees
retirement system with all the rights, privileges, and
obligations of membership, except that the new membership does
not include survivor benefits provided pursuant to section 145.45
of the Revised Code. The pension portion of the PERS retirant's
retirement allowance shall cease on the first day of the first
month following commencement of the employment and shall
thereafter be forfeited until the first day of the first month
following termination of the employment. The annuity portion of
the retirement allowance shall be suspended on the first day of
the first month following commencement of the employment and
shall thereafter accumulate to the credit of the PERS retirant to
be paid in a single payment after termination of the employment.
The retirement allowance shall resume on the first day of the
first month following termination of the employment. On
termination of the employment, the PERS retirant shall elect to
receive either a refund of the retirant's contributions to
the retirement
system during the period of employment subject to this section or
a supplemental retirement allowance based on the retirant's
contributions and service credit for that period of employment.
(3) Except as provided in division (B)(4) of this section,
there shall be no suspension or forfeiture of any portion of the
retirement allowance payable to other system retirants or to PERS
retirants who make an election under division (C)(1)(a) of this
section.
(4) A PERS retirant shall elect division
(C)(1)(b) of this section if both of the following apply:
(a) The retirant held elective office in this state, or in any
municipal corporation, county, or other subdivision of this state at the time
of retirement under Chapter 145. of the Revised Code;
(b) The retirant was elected or appointed to the same office for
the remainder of the term or the term immediately following the term during
which the retirement occurred.
(D)(1) On termination of employment under this section,
the PERS retirant who makes an election under division (C)(1)(a)
of this section or other system retirant may file an application
with the public employees retirement system for a benefit under
this division, which shall consist of a single life annuity
having a reserve equal to the amount of the retirant's accumulated
contributions for the period of employment and an equal amount of
the employer's contributions. The PERS retirant or other system
retirant shall elect either to receive the benefit as a monthly
annuity for life or a lump-sum payment discounted to the
present value using the current actuarial assumption rate of
interest, except that if the monthly annuity would be less
than twenty-five dollars per month, the retirant shall receive a
lump-sum payment.
(2) A benefit payable under this division shall commence
on the latest of the following:
(a) The last day for which compensation for employment
subject to this section was paid;
(b) Attainment by the PERS retirant or other system
retirant of age sixty-five;
(c) If the PERS retirant or other system retirant was
previously employed under this section and is receiving or
previously received a benefit under this division, completion of
a period of twelve months since the effective date of the last
benefit under this division.
(3)(a) If a PERS retirant or other system retirant dies
while employed in employment subject to this section, a lump-sum
payment calculated in accordance with division (D)(1) of this
section shall be paid to the retirant's beneficiary under
division (G) of this section.
(b) If at the time of death a PERS retirant or other
system retirant receiving a monthly annuity has received less
than the retirant would have received as a lump-sum payment,
the difference between the amount received and the amount that
would have been received as a lump-sum payment shall be paid to
the retirant's beneficiary under division (G) of this
section.
(4)(a) A PERS retirant or other system retirant subject to
this division is not a member of the public employees retirement
system, does not have any of the rights, privileges, or
obligations of membership, except as specified in this section,
and, except as specified in division (D)(4)(b) of this section,
is not eligible to receive health, medical, hospital, or surgical
benefits under section 145.58 of the Revised Code for employment
subject to this section. No amount received under this division
shall be included in determining an additional benefit under
section 145.323 of the Revised Code or any other post-retirement
benefit increase.
(b) A PERS retirant who makes an election under division
(C)(1)(a) of this section shall receive primary health, medical,
hospital, or surgical insurance coverage from the retirant's employer, if the
employer provides coverage to other employees performing
comparable work. Neither the employer nor the PERS retirant may
waive the employer's coverage, except that the PERS retirant may
waive the employer's coverage if the retirant has coverage comparable to
that provided by the employer from a source other than the
employer or the public employees retirement system. If a claim
is made, the employer's coverage shall be the primary coverage
and shall pay first. The benefits provided under section 145.58
of the Revised Code shall pay only those medical expenses not
paid through the employer's coverage or coverage the PERS
retirant receives through a source other than the retirement
system.
(E) If the disability benefit of an other system retirant
employed under this section is terminated, the retirant shall
become a member of the public employees retirement system, effective on
the first day of the month next following the termination with
all the rights, privileges, and obligations of membership. If
such person, after the termination of the disability benefit,
earns two years of service credit under this system or under the
Ohio police and fire
pension fund, state teachers
retirement system, school employees retirement system, or state
highway patrol retirement system, the person's prior contributions as an
other system retirant under this section shall be included in the person's
total service credit as a public employees retirement system
member, and the person shall forfeit all rights and benefits of this
section. Not more than one year of credit may be given for any
period of twelve months.
(F) A PERS retirant who performs services for a public
employer as an independent contractor pursuant to a contract with
the employer shall not make contributions to the public employees
retirement system or become a member of the system. Except as
provided in division (B)(6) of this section, there shall be no
suspension or forfeiture of the retirant's retirement allowance.
(G) A PERS retirant or other system retirant employed
under this section may designate one or more persons as
beneficiary to receive any benefits payable under this section
due to death. The designation shall be in writing duly
executed on a form provided by the public employees retirement
board, signed by the PERS retirant or other system retirant, and
filed with the board prior to death. The last designation of
a beneficiary revokes all previous designations. The PERS
retirant's or other system retirant's marriage, divorce, marriage
dissolution, legal separation, withdrawal of account, birth of
a child, or adoption of a child revokes all previous
designations. If there is no designated beneficiary, the
beneficiary is the beneficiary determined under division (D) of
section 145.43 of the Revised Code. If any benefit payable under
this section due to the death of a PERS retirant or other system
retirant is not claimed by a beneficiary within five years after
the death, the amount payable shall be transferred to the income
fund and thereafter paid to the beneficiary or the estate of the
PERS retirant or other system retirant on application to the board.
(H) This section does not affect the receipt of benefits
by or eligibility for benefits of any person who on August 20,
1976, was receiving a disability benefit or service retirement
pension or allowance from a state or municipal retirement system
in Ohio and was a member of any other state or municipal
retirement system of this state.
(I) The public employees retirement board may adopt rules
to carry out this section.
Sec. 145.391. The public employees retirement board may establish
and maintain a qualified governmental excess benefit arrangement that
meets the requirements of division (m) of section 415 of the
"Internal Revenue Code of 1986,"
100 Stat. 2085, 26
U.S.C.A.
415, as amended, and any regulations adopted thereunder. If
established, the arrangement shall be a separate portion of the
public employees retirement system and be maintained solely for
the purpose of providing to retired members that part of a benefit
otherwise payable under sections 145.01 to 145.59 of the Revised
Code THIS CHAPTER that exceeds the limits established
by section 415 of the "Internal Revenue Code of 1986," as
amended.
Members participating in an arrangement established under this
section shall not be permitted to elect to defer compensation to the
arrangement. Contributions to and benefits paid under an arrangement
shall not be payable from a trust that is part of the system
unless the trust is maintained solely for the purpose of providing
such benefits.
The board shall adopt rules to administer an arrangement
established under this section.
Sec. 145.41. Membership shall cease upon refund of
accumulated contributions, death, or retirement except as
provided in section 145.362 of the Revised Code. A member who
separates from service for any reason other than death or
retirement or who otherwise ceases to be a public employee for
any reason other than death or retirement may leave his THE
MEMBER'S
accumulated contributions on deposit with the public employees
retirement board and, for the purposes of the public employees
retirement system, be considered on a membership leave of
absence. His THE MEMBER'S membership rights shall continue
until he THE MEMBER has
withdrawn his THE MEMBER'S accumulated contributions, retired on
a retirement
allowance as provided in section 145.33, 145.331, or 145.34 of
the Revised Code, or died. The account of such a member shall
remain in the employees' savings fund, except that the account of
a member who has less than five calendar years of contributing
service credit or is a member of the state teachers retirement
system or the school employees retirement system may be
transferred to the income fund if by the end of the fifth
calendar year following the calendar year in which the last
contribution was received the member has not died, claimed a
refund of contributions, or requested the retirement board to
continue his THE MEMBER'S membership on a leave of absence
basis. In case
such a member later requests a refund, his THE MEMBER'S account
shall be
restored to the employees' savings account and refunded
therefrom. Members on such leaves of absence shall retain all
rights, obligations, and privileges of membership in the public
employees retirement system. A "contributor," as defined in
division (F) of section 145.01 of the Revised Code, who formerly
lost his membership through termination of membership leave of
absence and who has not withdrawn his THE CONTRIBUTOR'S account
shall be reinstated
as a member with all the rights, privileges, and obligations
enumerated in sections 145.01 to 145.59 of the Revised Code OF
MEMBERSHIP IN THE SYSTEM. In
no case shall a member on leave of absence as provided in this
section add to his THE MEMBER'S total number of years of service
credit by
reason of such leave of absence, unless such member was receiving
benefits from the state insurance fund and by reason of such
benefits qualified for additional service credit as provided in
division (H) of section 145.01 of the Revised Code, or was
eligible to and does make a payment as provided in section
145.291 of the Revised Code.
Sec. 145.42. Members of the public employees retirement
system on leave of absence as provided in section 145.41 of the
Revised Code or who are employees of the United States employment
service at the time of the return of these functions to the
state, or who reach retirement age prior to such time, or who
return to the state service prior to the return of the employment
service, may be permitted to pay into the retirement fund the
amount they would have paid during such a period of employment
with the United States employment service at the member
contribution rate in effect at the time of payment, plus interest
on such payment compounded annually at a rate to be determined by
the board. The member may choose to purchase only part of such
credit in any one payment, subject to board rules. When a member
has made the payment provided in this section he THE MEMBER
shall receive
credit for the service covered by such payments. Those who
withdrew their accumulated contributions from the system at the
time of their separation from the state service, may make a
redeposit as provided in section 145.31 of the Revised Code, and
thereafter be entitled to all THE benefits of sections 145.01 to
145.58 of the Revised Code THIS CHAPTER.
Sec. 145.45. Except as provided in division (C)(1) of
this section, 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 qualified survivors
may WHO elect to receive monthly
benefits as SHALL RECEIVE THE GREATER OF THE BENEFITS provided
in divisions DIVISION (B)(1)(a) OR (b)
and (5) of this section AS ALLOCATED IN ACCORDANCE WITH DIVISION
(B)(6) OF THIS SECTION.
(1)(a) Number | | |
of Qualified | | Or |
survivors | Annual Benefit as a Per | Monthly Benefit |
affecting | Cent of Decedent's Final | shall not be |
the benefit | Average Salary | less than |
1 | 25% | $ 96 250 |
2 | 40 | 186 400 |
3 | 50 | 236 500 |
4 | 55 | 236 500 |
5 or more | 60 | 236 500 |
(b) YEARS OF | ANNUAL BENEFIT AS A PER CENT |
SERVICE | OF MEMBER'S FINAL AVERAGE |
| SALARY |
20 | 29% |
21 | 33 |
22 | 37 |
23 | 41 |
24 | 45 |
25 | 48 |
26 | 51 |
27 | 54 |
28 | 57 |
29 OR MORE | 60 |
(2) THE FINAL AVERAGE SALARY USED IN THE CALCULATION OF A BENEFIT PAYABLE
PURSUANT TO THIS DIVISION TO A QUALIFIED SURVIVOR OF A DISABILITY BENEFIT
RECIPIENT SHALL BE ADJUSTED FOR EACH YEAR BETWEEN THE DISABILITY BENEFIT'S
EFFECTIVE DATE AND THE RECIPIENT'S DATE OF DEATH BY THE LESSER OF THREE PER
CENT OR THE ACTUAL AVERAGE PERCENTAGE INCREASE 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").
(3) Benefits shall begin as qualified survivors meet
eligibility requirements as follows:
(a) A qualified spouse is the surviving spouse of the
deceased member, who is age
sixty-two,
or REGARDLESS OF age fifty if the deceased member had ten or
more years of Ohio
service credit, or regardless of age if caring for a
qualified 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) A qualified child is any
unmarried child of
the
deceased member under WHO HAS NEVER BEEN MARRIED AND TO WHOM ONE OF
THE FOLLOWING APPLIES:
(i) IS 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;
(ii) REGARDLESS of age if, IS adjudged
physically or
mentally incompetent at the time of the member's death.
(c) A qualified parent is a dependent parent aged sixty-five or
older
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)(4) "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)(5) Benefits to a qualified survivor shall terminate
upon
ceasing to meet eligibility requirements as provided in this
division, a first marriage, abandonment, adoption,
or during
active military service. Benefits to a deceased member's
surviving spouse that were terminated under a former version of this section
that required termination due to remarriage and were not resumed prior to
September 16,
1998, shall resume on the first day of the month
immediately following receipt by the board of an application on a form
provided by the board.
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 3307.66 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 survivor.
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 (6)(a) IF A BENEFIT IS PAYABLE UNDER
DIVISION (B)(1)(a) OF THIS SECTION, BENEFITS to a
qualified spouse shall be paid in the
amount determined for the first qualifying survivor in
division
(B)(1)(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
survivors shall share equally in the benefit or remaining portion
thereof.
(b) ALL QUALIFYING SURVIVORS SHALL SHARE EQUALLY IN A BENEFIT
PAYABLE UNDER DIVISION (B)(1)(b) OF THIS SECTION,
EXCEPT
THAT IF THERE IS A SURVIVING SPOUSE, THE SURVIVING SPOUSE SHALL RECEIVE NOT
LESS THAN THE
AMOUNT DETERMINED FOR THE FIRST QUALIFYING SURVIVOR IN DIVISION
(B)(1)(a) OF THIS SECTION.
(6)(7) 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 takes a
survivor
benefit. Such benefit shall be exclusively governed by section 145.37 of
the Revised Code.
(C)(1) Regardless
of whether the member is survived by
a spouse or designated beneficiary, if the public employees retirement system
receives notice that a deceased member described in division
(A) or (B) of this section has one or more qualified
children, all persons who
are qualified survivors under division
(B) of this section
shall receive monthly benefits as provided in division (B) of
this section.
If, after determining the monthly benefits to be paid under division
(B) of this section, the system receives notice that there is a
qualified survivor who was not considered when the determination was made, the
system shall, notwithstanding section 145.561
of the Revised Code, recalculate the monthly
benefits with that qualified survivor
included, even if the benefits to qualified survivors already receiving
benefits are reduced as a result. The benefits shall be calculated as if the
qualified survivor who is the subject of the notice became eligible on the
date the notice was received and shall be paid to qualified survivors
effective on the first day of the first month following the system's receipt
of the notice.
If the retirement system did not receive notice that a
deceased member has one or more qualified children prior
to making payment under
section 145.43 of the
Revised
Code to a beneficiary as
determined by the retirement system, the payment is a full
discharge and release of the system from any future claims under
this section or section 145.43 of the Revised Code.
(2) If benefits under division (C)(1)
of this section to all persons, or to all persons other than a surviving
spouse
or other sole beneficiary, terminate, there are no children under the age of
twenty-two years, and the surviving spouse or
beneficiary qualifies for benefits under division
(A) of this section, the surviving spouse or
beneficiary may elect to receive benefits under division
(A) of this section. The benefits shall be effective on the first
day of the month immediately following the termination.
(D) 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. 145.451. (A) Upon the death of a retirant or
disability benefit recipient, who at the time of death is
receiving an age and service retirement benefit or a disability
benefit from this system, a death benefit shall be paid,
following the completion of an application on a form approved by
the public employees retirement board, to one of the following in
the order given:
(1) The person he THE RETIRANT OR DISABILITY BENEFIT RECIPIENT
has designated in writing duly executed
on a form provided by the board, signed by him THE RETIRANT OR
DISABILITY BENEFIT RECIPIENT, and filed with
the board. If more than one such designation has been made, the
person last designated shall be considered the person designated.
(2) His THE RETIRANT'S OR DISABILITY BENEFIT RECIPIENT'S
surviving spouse;
(3) His THE RETIRANT'S OR DISABILITY BENEFIT RECIPIENT'S
children, share and share alike;
(4) His THE RETIRANT'S OR DISABILITY BENEFIT RECIPIENT'S
parents, share and share alike;
(5) The person responsible for burial expenses;
(6) The retirant's or disability benefit recipient's
estate.
(B) The amount of the death benefit shall be as follows:
(1) If the retirant or disability benefit recipient had at
least five years' but less than ten years' total service credit,
five hundred dollars;
(2) If the retirant or disability benefit recipient had at
least ten years' but less than fifteen years' total service
credit, one thousand dollars;
(3) If the retirant or disability benefit recipient had at
least fifteen years' but less than twenty years' total service
credit, one thousand five hundred dollars;
(4) If the retirant or disability benefit recipient had at
least twenty years' but less than twenty-five years' total
service credit, two thousand dollars;
(5) If the retirant or disability benefit recipient had
twenty-five or more years' total service credit, two thousand
five hundred dollars.
(C) A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE
INSURANCE FOR PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY FROM
CONTRIBUTIONS MADE UNDER SECTION 145.48 of the Revised Code AND ANY EARNINGS ATTRIBUTABLE TO
THOSE CONTRIBUTIONS.
Sec. 145.452. Upon the death of a member prior to receipt of a disability
benefit or service retirement, the surviving spouse or dependents of the
deceased member shall have the right to purchase any service credit the
member, had he THE MEMBER not died, would have been eligible to
purchase under sections
145.01 to 145.59 of the Revised Code THIS CHAPTER upon the same
terms and conditions that
the deceased member could have purchased such service credit had he
THE MEMBER not died.
Any service credit purchased under this section shall be applied under the
provisions of sections 145.01 to 145.59 of the Revised Code THIS
CHAPTER in the same manner
as it would have been applied had it been purchased by the deceased member
during his THE DECEASED MEMBER'S lifetime.
Sec. 145.46. (A) A retirement allowance calculated under
section 145.33, 145.331, or 145.34 of the Revised Code shall be
paid as provided in this section. If the member is eligible to
elect a plan of payment under this section, the election shall be
made on a form provided by the public employees retirement board.
A plan of payment elected under this section shall be effective
only if approved by the board, which shall approve it only if it
is certified by an actuary engaged by the board to be the
actuarial equivalent of the retirement allowance calculated under
section 145.33, 145.331, or 145.34 of the Revised Code.
(B)(1) Unless the member is eligible to elect another plan
of payment, a member who retires under section 145.32, 145.331,
or 145.34 of the Revised Code shall receive a retirement
allowance under "plan A," which shall consist of the actuarial
equivalent of the member's retirement allowance determined
under section
145.33, 145.331, or 145.34 of the Revised Code in a lesser amount
payable for life and one-half of such allowance continuing
after death to the member's surviving spouse for
the life of the
spouse.
A member may elect to receive the member's retirement
allowance
under a plan of payment other than "plan A" if the member is not
married or either the member's spouse consents in writing to the
member's
election of a plan of payment other than "plan A"
or the board waives the requirement that the spouse consent. An
application for retirement shall include an explanation
of all of the following:
(a) That, if the member is married, unless the
spouse consents to another plan of payment, the member's
retirement allowance will be paid under "plan
A," which consists of the
actuarial equivalent of the member's retirement allowance in a
lesser amount payable for life and one-half of the allowance
continuing after death to the surviving spouse for the life of
the spouse;
(b) A description of the alternative plans of
payment available with the consent of the spouse;
(c) That the spouse may consent to another plan of
payment and the procedure for giving consent;
(d) That consent is irrevocable once notice of consent is filed
with the board.
Consent
shall be valid only if it is
signed, in writing, and witnessed by
a notary public.
The
board may waive the requirement of consent if
the
spouse is incapacitated or cannot be located or for any other
reason specified by the board. Consent or
waiver is
effective only with regard to the spouse who is the subject of
the consent or waiver.
(2) A member eligible to elect to receive the member's
retirement
allowance under a plan of payment other than "plan A" shall
receive the member's retirement allowance under one of the
following plans
elected at the time the member makes application for
retirement:
(a) "Plan B," which shall consist of an allowance
determined under section 145.33, 145.331, or 145.34 of the
Revised Code;
(b) "Plan C," which shall consist of the actuarial
equivalent of the member's retirement allowance determined under
section 145.33, 145.331, or 145.34 of the Revised Code in a
lesser amount payable for life and one-half or some other
portion of the allowance continuing after death to
the member's sole
surviving beneficiary designated at the time of the member's
retirement, provided that the amount payable to the beneficiary
does not exceed the amount payable to the member;
(c) "Plan D," which shall consist of the actuarial
equivalent of the member's retirement allowance determined under
section 145.33, 145.331, or 145.34 of the Revised Code in a
lesser amount payable for life and continuing after
death
to a surviving beneficiary designated at the time of
the member's retirement;
(d) "Plan E," which shall consist of the actuarial
equivalent of the member's retirement allowance determined under
section 145.33, 145.331, or 145.34 of the Revised Code in a
lesser amount payable for a certain period from the member's
retirement date as elected by the member and approved by the
retirement
board, and on the member's death before the expiration of
that certain
period the member's lesser retirement allowance payable for
the remainder
of that period to the member's surviving designated
beneficiary nominated
by written designation filed with the retirement board.
Should the nominated beneficiary designated in writing die
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.
(3) A member eligible to elect to receive the member's
retirement
allowance under a plan of payment other than "plan A" because the
member
is unmarried who fails to make an election on retirement shall
receive the member's retirement allowance under "plan B."
(C) If the retirement allowances, as a single life annuity
or payment plan as provided in this section, due and paid are in
a total amount less than (1) the accumulated contributions, and
(2) other deposits made by the member as provided by sections
145.01 to 145.59 of the Revised Code THIS CHAPTER, standing to the
credit of
the member at the time of retirement, then the difference
between the total amount of the allowances paid and the
accumulated contributions and other deposits shall be paid to the
beneficiary provided under division (D) of section 145.43 of the
Revised Code.
(D)(1) The death of a spouse or any designated beneficiary
following retirement shall cancel any plan of payment to provide
continuing lifetime benefits to the spouse or beneficiary and
return the retirant to the retirant'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
retirant 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 retirant'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.
(E) Following a marriage or remarriage, a retirant who is
receiving the retirant's retirement allowance under "plan
B" may elect a
new plan of payment under division (B)(1), (2)(b), or (2)(c) of
this section based on the actuarial equivalent of the
retirant's single
lifetime benefit as determined by the board. The plan shall
become effective the first day of the month following receipt by
the board of an application on a form approved by the board.
(F) Any person who, prior to July 24, 1990, selected an
optional plan of payment at retirement that provided for a return
to the single life benefit after the designated beneficiary's
death shall have the retirant's benefit adjusted to the
optional plan
equivalent without such provision.
(G) A retirant's receipt of the first month's retirement
allowance constitutes the retirant's final acceptance of the
plan of payment
and may be changed only as provided in this chapter.
Sec. 145.47. Each public employee who is a contributor to
the public employees retirement system shall contribute eight per
cent of his THE CONTRIBUTOR'S earnable salary to the employees'
savings fund,
except that the public employees retirement board may raise the
contribution rate to a rate not greater than ten per cent of the
employee's earnable salary.
The head of each state department, institution, board, and
commission, and the fiscal officer of each local authority
subject to this chapter, shall deduct from the earnable salary of
each contributor on every payroll of such contributor for each
payroll period subsequent to the date of coverage, an amount
equal to the applicable per cent of the contributor's earnable
salary. The head of each state department and the fiscal officer
of each local authority subject to this chapter shall transmit
promptly to the secretary of the public employees retirement
board SYSTEM a report of contributions at such intervals and in
such
form as the board SYSTEM shall require, showing thereon all
deductions
for the public employees retirement system made from the earnable
salary of each contributor employed, together with warrants or
checks covering the total of such deductions. A penalty of five
per cent of the total amount due for the particular reporting
period shall be added when such report, together with warrants or
checks to cover the total amount due from the earnable salary of
all amenable employees of such employer are, IS filed
thirty or more days after the last day of such reporting period.
Such penalty shall be added to and collected on the next succeeding
regular employer billing. Interest at a rate set by the
retirement board shall be charged on the amount of the penalty in
case such penalty is not paid within three months after it is
added to the regular employer billing. The secretary of the
board SYSTEM, after making a record of all such receipts, shall
deposit
them with the treasurer of state for use as provided by this
chapter. In addition to the periodical reports of deduction
required by this section, the fiscal officer of each local
authority subject to this chapter shall submit to the board
SYSTEM at
least once each year a complete listing of all noncontributing
appointive employees. Where an employer fails to transmit
contributions to the retirement system, the retirement board
SYSTEM may
make a determination of the employees' liability for
contributions and certify to the employer the amounts due for
collection in the same manner as payments due the employers'
accumulation fund, provided that any. ANY amounts so
collected shall
be a penalty against the employer and held in trust pending
receipt of A REPORT OF contributions from FOR such public
employees for the
period involved as provided by law and, thereafter, the amount in
trust shall be transferred to the EMPLOYEES' SAVINGS FUND TO THE
CREDIT OF THE EMPLOYEES. ANY AMOUNT REMAINING AFTER THE TRANSFER TO THE
EMPLOYEES' SAVINGS FUND SHALL BE TRANSFERRED TO THE employers'
accumulation fund as
a credit of such employer. The fiscal officer shall require each
new contributor to submit to the board SYSTEM a detailed report
of all
his THE CONTRIBUTOR'S previous service as a public employee
along with such other
facts as the board requires for the proper operation of the
public employees retirement system.
Any member who, because of his THE MEMBER'S own illness, injury,
or
other reason which may be approved by his THE MEMBER'S employer
is prevented
from making his THE MEMBER'S contribution to the system for any
payroll
period, may pay such deductions as a back payment within one
year.
Sec. 145.48. (A) Each employer shall pay to the employers'
accumulation fund PUBLIC EMPLOYEES RETIREMENT SYSTEM an amount that
shall be a certain per cent of
the earnable salary of all contributors to be known as the
"employer contribution," except that the public employees
retirement board may raise the employer contribution to a rate
not to exceed fourteen per cent of the earnable salaries of all
contributors. On
(B)(1) ON the basis of regular interest and of such
mortality and other tables as are adopted by the public employees
retirement board, the actuary for the board shall determine the
liabilities and employer rates of contribution as follows:
(A)(a) The percentage of such earnable salary that
will
provide a pension reserve sufficient to match the accumulated
contributions of those members or beneficiaries who will retire
and qualify for retirement allowances or other benefits as
provided by sections 145.33, 145.331, 145.34, 145.36, 145.361,
145.38, and division (A) of 145.45 of the Revised Code;
(B) The percentage of such earnable salary required to pay
the liability for the prior service credit, disability credit
prior to the effective date of a disability benefit, and the
military service credit of members;
(C) The percentage of such earnable salary required to pay
the liability of the survivors' benefit fund in excess of the
accumulated contributions forfeited by beneficiaries;
(D) The percentage of such earnable salary required to pay
the additional liability in the annuity and pension reserve fund
due to the allowances or other benefits provided by sections
145.33, 145.331, 145.34, 145.36, 145.361, and 145.45 of the
Revised Code;
(E) The percentage of such earnable salary required to
fund any deficiencies in the various funds described in section
145.23 of the Revised Code;
(F) Such employer obligation shall include the normal and
deficiency contributions and employer liability resulting from
omitted member contributions required under sections 145.47 and
145.483 of the Revised Code, but not made by payroll deduction,
WHEN ADDED TO THE PER CENT OF EARNABLE SALARY CONTRIBUTED BY
EACH MEMBER, WILL COVER THE COSTS OF BENEFITS TO BE PAID TO MEMBERS FOR
EACH YEAR OF SERVICE RENDERED;
(b) THE PERCENTAGE OF EARNABLE SALARY THAT, IF PAID OVER A PERIOD
OF FUTURE YEARS, WILL DISCHARGE FULLY THE SYSTEM'S UNFUNDED ACTUARIAL
ACCRUED PENSION LIABILITY;
(c) THE PERCENTAGE OF EARNABLE SALARY DESIGNATED BY THE BOARD TO
PAY BENEFITS AUTHORIZED UNDER SECTION 145.58 OF THE REVISED
CODE.
(2) IF RECOGNIZED ASSETS EXCEED THE LIABILITIES FOR SERVICE PREVIOUSLY
RENDERED, ON APPROVAL OF THE BOARD, A PERCENTAGE OF EARNABLE SALARY MAY
BE DEDUCTED FROM THE EMPLOYER RATES OF CONTRIBUTION THAT, IF DEDUCTED
ANNUALLY OVER A PERIOD OF FUTURE YEARS, WILL ELIMINATE THE EXCESS.
(C) Any publicly owned utility that became subject to this
chapter subsequent to July 1, 1938, shall assume before January
1, 1967, the obligation to pay those of its employees entitled to
any prior service credit a pension for such service that is in an
amount at least equal to the pension provided for other public
employees under sections 145.01 to 145.59 of the Revised Code THIS
CHAPTER.
No employers' contributions for prior service credit shall be
required of such publicly owned utility. The public employees
retirement system has no obligation to pay a prior service
pension to any such employees of a publicly owned utility, nor is
it obligated to grant any service credit for service with such
utility prior to May 1, 1942, or prior to the date such utility
became subject to sections 145.01 to 145.59 of the Revised Code THIS
CHAPTER,
whichever is the later date.
The aggregate of all employer rates and contributions
provided thereby shall be sufficient when combined with the
amounts in the various funds described in section 145.23 of the
Revised Code, to provide all allowances, annuities, pensions, and
other benefits payable from the funds.
Sec. 145.491 145.49. Notwithstanding any provision of
sections 145.01 to 145.59 of
the Revised Code THIS CHAPTER, the public employees retirement
system shall be authorized
to calculate the employee and employer contribution rates separately for those
employees contributing toward benefits under division (B) of section 145.33 of
the Revised Code.
Sec. 145.55. The deductions provided for in sections 145.01 to 145.59 of
the
Revised Code THIS CHAPTER shall be made notwithstanding that the
minimum compensation
provided for by law for any contributor is reduced thereby. Every contributor
is deemed to consent to the deductions made and provided for in such
sections and shall receipt in full for his salary or
compensation, and payment THIS CHAPTER. PAYMENT less the
deductions shall be a complete discharge and acquittance of all claims and
demands whatsoever for the services rendered by such person during the period
covered by such payment.
Sec. 145.56. The right of a person to a pension, an
annuity, or a retirement allowance itself, any optional benefit,
any other right accrued or accruing to any person, under sections
145.01 to 145.58 of the Revised Code THIS CHAPTER, or of any
municipal
retirement system established subject to such sections THIS
CHAPTER,
under the
laws of this state or any charter, the various funds created by
sections 145.01 to 145.58 of the Revised Code THIS CHAPTER, or
under such
municipal retirement system, and all moneys and investments and
income thereof, are exempt from any state tax, except the tax
imposed by section 5747.02 of the Revised
Code and are exempt
from any county, municipal, or other local tax, except taxes
imposed pursuant to section 5748.02 or 5748.08 of the Revised
Code and,
except as provided in sections 145.57, 3111.23, and 3113.21 of
the Revised Code, shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or the insolvency laws,
or other process of law, and shall be unassignable except as
specifically provided in THIS CHAPTER AND sections 145.01 to
145.58, 3111.23, and
3113.21 of the Revised Code.
Sec. 145.563. If a member, former member, contributor, former contributor,
retirant, or beneficiary is paid any benefit by the public employees
retirement system to which he SUCH A PERSON is not entitled, the
benefit shall be repaid to
the retirement system by him THE PERSON. If he THE
PERSON fails to make the repayment, the
retirement system shall withhold the amount due from any benefit due
him THE PERSON or
his THE PERSON'S beneficiary under sections 145.01 to 145.59
of
the
Revised Code THIS CHAPTER, or may
collect the amount in any other manner provided by law.
Sec. 145.53 145.69. The public employees retirement board
shall prepare and certify
to the director of budget and management and to the heads of the departments,
on or before the first day of November of each even-numbered year, the
employer's rate of contribution, which, when applied to earnable salaries to
be paid from state funds for positions covered by the public employees
retirement system, will produce the amount necessary to pay the state's
obligation as employer. Any appropriations for salaries to be paid to
contributors covered by this system must be increased by the employer's
contributions rate when salary appropriations are made.
Sec. 145.59 145.70. All amounts due the public employees
retirement system from the
state treasury pursuant to this chapter shall be promptly paid upon warrant of
the auditor of state pursuant to a voucher approved by the director of budget
and management.
Sec. 145.80. THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL ADOPT
RULES TO IMPLEMENT EACH PLAN ESTABLISHED UNDER SECTION 145.81 OF THE
REVISED CODE.
Sec. 145.81. THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL ESTABLISH
ONE OR MORE PLANS CONSISTING OF BENEFIT OPTIONS THAT PROVIDE FOR AN
INDIVIDUAL ACCOUNT FOR EACH PARTICIPATING MEMBER AND UNDER WHICH
BENEFITS ARE BASED SOLELY ON THE AMOUNTS THAT HAVE ACCUMULATED IN
THE ACCOUNT. THE PLANS MAY INCLUDE OPTIONS UNDER WHICH A MEMBER
PARTICIPATING IN A PLAN MAY RECEIVE DEFINITELY DETERMINABLE
BENEFITS.
EACH PLAN ESTABLISHED UNDER THIS SECTION SHALL MEET THE
REQUIREMENTS OF SECTIONS 145.81 TO 145.98 OF THE REVISED
CODE AND
ANY RULES ADOPTED IN ACCORDANCE WITH SECTION 145.80 OF THE REVISED
CODE. IT MAY INCLUDE LIFE INSURANCE, ANNUITIES, VARIABLE
ANNUITIES, REGULATED INVESTMENT TRUSTS, POOLED INVESTMENT FUNDS, OR OTHER
FORMS OF INVESTMENT.
THE BOARD MAY ADMINISTER THE PLANS, ENTER INTO CONTRACTS WITH
OTHER ENTITIES TO ADMINISTER THE PLANS, OR BOTH.
Sec. 145.811. EACH PLAN ESTABLISHED UNDER SECTION 145.81 OF THE
REVISED CODE SHALL QUALIFY AS A GOVERNMENTAL PLAN UNDER
SECTION
414(d) OF THE "INTERNAL REVENUE
CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A.
414(d), AS AMENDED, AND MEET THE REQUIREMENTS OF SECTION
401(a) OF THE
"INTERNAL
REVENUE
CODE OF 1986," 26
U.S.C.A. 401(a), AS
AMENDED, APPLICABLE TO GOVERNMENTAL PLANS.
Sec. 145.812. EACH PLAN ESTABLISHED UNDER SECTION 145.81 OF THE
REVISED
CODE SHALL MEET THE REQUIREMENTS NECESSARY TO QUALIFY AS A
RETIREMENT SYSTEM MAINTAINED BY A STATE OR LOCAL GOVERNMENT ENTITY UNDER
SECTION 3121(b)(7)(F) OF THE "INTERNAL
REVENUE
CODE OF 1986," 100
STAT. 2085, 26
U.S.C.A.
3121(b)(7)(F), AS AMENDED. EACH PARTICIPANT IN A
PLAN SHALL
QUALIFY AS A MEMBER OF THAT SYSTEM.
Sec. 145.813. EACH PLAN ESTABLISHED UNDER SECTION 145.81 OF THE
REVISED
CODE SHALL REQUIRE THE PUBLIC EMPLOYEES RETIREMENT BOARD, OR THE
ENTITY ADMINISTERING THE PLAN PURSUANT TO A CONTRACT WITH THE BOARD, TO CAUSE
AN INDIVIDUAL ACCOUNT TO BE MAINTAINED FOR EACH MEMBER
PARTICIPATING IN THE PLAN. A PLAN
MAY INCLUDE DEPOSITS TO THE DEFINED
CONTRIBUTION FUND CREATED UNDER SECTION 145.23 OF THE REVISED
CODE
OR DEPOSITS UNDER DIVISION (C) OF THAT SECTION TO THE EMPLOYEES'
SAVINGS FUND.
Sec. 145.82. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF
THIS
SECTION, SECTIONS 145.201 TO 145.70 OF THE REVISED CODE DO
NOT
APPLY TO A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED
CODE, EXCEPT THAT A PLAN MAY
INCORPORATE PROVISIONS OF THOSE SECTIONS
AS SPECIFIED IN THE PLAN DOCUMENT.
(B) THE FOLLOWING SECTIONS OF CHAPTER 145. OF THE
REVISED CODE
APPLY TO A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED
CODE: 145.22, 145.221, 145.23, 145.25, 145.26, 145.27, 145.296,
145.38, 145.382, 145.391, 145.47,
145.471, 145.48, 145.483, 145.49, 145.51, 145.54, 145.55, 145.56, 145.561,
145.563, 145.57, 145.69, AND 145.70 OF THE REVISED CODE.
Sec. 145.85. EACH MEMBER PARTICIPATING IN A PLAN ESTABLISHED
UNDER SECTION 145.81 OF THE REVISED CODE SHALL CONTRIBUTE A
PER CENT OF
THE MEMBER'S EARNABLE SALARY TO THE PUBLIC EMPLOYEES RETIREMENT
SYSTEM AS REQUIRED IN SECTION 145.47 OF THE REVISED CODE.
CONTRIBUTIONS MADE UNDER THIS SECTION SHALL NOT EXCEED THE LIMITS
ESTABLISHED BY SECTION 415 OF THE "INTERNAL REVENUE
CODE OF
1986," 100 STAT. 2085, 26
U.S.C.A.
415, AS AMENDED.
Sec. 145.86. FOR EACH MEMBER PARTICIPATING IN A PLAN ESTABLISHED
UNDER SECTION 145.81 OF THE REVISED CODE, THE EMPLOYER SHALL
CONTRIBUTE A PER CENT OF THE MEMBER'S EARNABLE SALARY TO THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM AS REQUIRED IN SECTION 145.48 OF THE
REVISED CODE, LESS THE PERCENTAGE REQUIRED UNDER
SECTION 145.87 OF THE REVISED CODE.
Sec. 145.87. FOR EACH MEMBER PARTICIPATING IN A PLAN ESTABLISHED
UNDER SECTION 145.81 OF THE REVISED CODE, THE PUBLIC
EMPLOYEES
RETIREMENT SYSTEM SHALL TRANSFER TO THE EMPLOYERS' ACCUMULATION FUND A
PORTION OF THE EMPLOYER CONTRIBUTION REQUIRED UNDER SECTION 145.48 OF THE
REVISED CODE. THE PORTION SHALL EQUAL THE PERCENTAGE OF
EARNABLE SALARY OF MEMBERS FOR WHOM THE
CONTRIBUTIONS ARE BEING MADE THAT IS DETERMINED BY AN ACTUARY
APPOINTED BY THE PUBLIC EMPLOYEES RETIREMENT BOARD TO BE NECESSARY
TO MITIGATE ANY NEGATIVE FINANCIAL IMPACT ON THE SYSTEM OF MEMBERS'
PARTICIPATION IN A PLAN.
THE BOARD SHALL HAVE PREPARED ANNUALLY AN ACTUARIAL STUDY TO
DETERMINE WHETHER THE PERCENTAGE TRANSFERRED UNDER THIS SECTION SHOULD
BE CHANGED TO REFLECT A CHANGE IN THE LEVEL OF NEGATIVE FINANCIAL IMPACT
RESULTING FROM MEMBERS' PARTICIPATION IN A PLAN. THE PERCENTAGE
TRANSFERRED SHALL BE INCREASED OR DECREASED TO REFLECT THE AMOUNT NEEDED TO
MITIGATE THE NEGATIVE FINANCIAL IMPACT, IF ANY, ON THE
SYSTEM, AS DETERMINED BY THE STUDY. A CHANGE
SHALL TAKE EFFECT ON THE FIRST DAY OF THE YEAR FOLLOWING
THE DATE THE CONCLUSIONS OF THE STUDY ARE REPORTED TO
THE BOARD.
THE SYSTEM SHALL MAKE THE TRANSFER REQUIRED UNDER THIS SECTION
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 AND BENEFIT INCREASES TO MEMBERS AND FORMER
MEMBERS PARTICIPATING IN THE PLAN DESCRIBED IN SECTIONS 145.201 TO 145.70
OF THE REVISED CODE GRANTED AFTER THE EFFECTIVE DATE OF
THIS SECTION, IS FULLY AMORTIZED, AS DETERMINED BY THE ANNUAL ACTUARIAL
VALUATION PREPARED UNDER SECTION 145.22 OF THE REVISED
CODE.
Sec. 145.88. AMOUNTS CONTRIBUTED UNDER SECTIONS 145.85 AND 145.86
OF THE REVISED CODE, AND ANY EARNINGS ON THOSE AMOUNTS,
SHALL BE
DEPOSITED AND CREDITED IN ACCORDANCE WITH THE PLAN ESTABLISHED UNDER
SECTION 145.81 OF THE REVISED CODE THAT IS SELECTED BY THE
MEMBER.
Sec. 145.91. THE RIGHT OF EACH MEMBER PARTICIPATING IN A PLAN
ESTABLISHED UNDER SECTION 145.81 OF THE REVISED CODE TO A
RETIREMENT, DISABILITY, SURVIVOR, OR DEATH BENEFIT, TO HEALTH OR LONG-TERM
CARE INSURANCE, OR TO A WITHDRAWAL OF ANY AMOUNTS THAT HAVE ACCUMULATED ON THE
MEMBER'S BEHALF SHALL BE GOVERNED EXCLUSIVELY BY THE PLAN SELECTED BY THE
MEMBER.
Sec. 145.92. IF A MEMBER PARTICIPATING IN A PLAN ESTABLISHED
UNDER SECTION 145.81 OF THE REVISED CODE IS MARRIED AT THE
TIME
BENEFITS UNDER THE PLAN ARE TO COMMENCE, BEFORE MAKING ANY PAYMENT THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM, OR THE ENTITY ADMINISTERING THE PLAN PURSUANT TO
A CONTRACT
WITH THE PUBLIC EMPLOYEES RETIREMENT BOARD, SHALL OBTAIN THE
CONSENT OF THE MEMBER'S SPOUSE TO THE FORM OF PAYMENT SELECTED BY
THE MEMBER.
A PLAN ESTABLISHED UNDER SECTION 145.81 OF THE REVISED
CODE SHALL
INCLUDE REQUIREMENTS FOR CONSENT UNDER THIS SECTION THAT ARE THE SAME AS
THE REQUIREMENTS SPECIFIED IN SECTION
417(a)(2) OF THE "INTERNAL
REVENUE
CODE OF 1986," 100
STAT. 2085, 26
U.S.C.A. 417(a)(2), AS
AMENDED. A PLAN MAY WAIVE CONSENT IF THE SPOUSE CANNOT BE LOCATED OR FOR ANY
OTHER REASON SPECIFIED IN THE REGULATIONS ADOPTED UNDER THAT
SECTION.
CONSENT OR WAIVER IS EFFECTIVE ONLY WITH REGARD TO THE SPOUSE WHO
IS THE SUBJECT OF THE CONSENT OR WAIVER.
Sec. 145.95. SUBJECT TO SECTIONS 145.38, 145.56, AND 145.57 OF THE
REVISED
CODE, THE RIGHT OF A MEMBER PARTICIPATING IN A PLAN ESTABLISHED
UNDER SECTION 145.81 OF THE REVISED CODE TO ANY PAYMENT OR
BENEFIT
ACCRUING FROM CONTRIBUTIONS MADE BY OR ON BEHALF OF THE MEMBER UNDER
SECTIONS 145.85 AND 145.86 OF THE REVISED CODE SHALL VEST IN
ACCORDANCE WITH THIS SECTION.
A MEMBER'S RIGHT TO ANY PAYMENT OR BENEFIT THAT IS BASED ON THE
MEMBER'S CONTRIBUTIONS IS NONFORFEITABLE.
A MEMBER'S RIGHT TO ANY PAYMENT OR BENEFIT THAT IS BASED ON
CONTRIBUTIONS BY THE MEMBER'S EMPLOYER IS NONFORFEITABLE AS SPECIFIED BY
THE PLAN SELECTED BY THE MEMBER.
Sec. 145.97. EACH PLAN ESTABLISHED UNDER SECTION 145.81 OF THE
REVISED
CODE SHALL PERMIT A MEMBER PARTICIPATING IN THE PLAN TO DO ALL OF
THE FOLLOWING:
(A) MAINTAIN ON DEPOSIT WITH THE PUBLIC EMPLOYEES RETIREMENT
SYSTEM, OR THE ENTITY ADMINISTERING THE PLAN PURSUANT TO A CONTRACT WITH THE
PUBLIC EMPLOYEES RETIREMENT BOARD, ANY
AMOUNTS THAT HAVE ACCUMULATED ON BEHALF OF THE MEMBER;
(B) IF THE MEMBER HAS WITHDRAWN THE AMOUNTS DESCRIBED IN DIVISION
(A) OF THIS SECTION, REDEPOSIT WITH THE SYSTEM OR THE ENTITY
ADMINISTERING THE PLAN THE AMOUNTS WITHDRAWN;
(C) MAKE ADDITIONAL DEPOSITS AS PERMITTED BY THE
"INTERNAL
REVENUE CODE OF 1986," 100 STAT.
2085, 26 U.S.C.A. 1, AS AMENDED.
Sec. 145.98. CONTRIBUTIONS UNDER SECTIONS
145.85 AND 145.86 OF THE REVISED CODE SHALL CEASE ON THE
MEMBER'S DEATH OR TERMINATION OF
EMPLOYMENT OR FOR ANY OTHER REASON SPECIFIED BY THE PLAN SELECTED BY THE
MEMBER.
Sec. 145.71 148.01. (A) As used in sections 145.71 to
145.76 of
the Revised Code THIS CHAPTER:
(1) "Eligible employee" means any public employee, as
defined in division (A) of section 145.01 of the Revised Code,
any person eligible to become a member of the public employees
retirement system under section 145.20 of the Revised Code, any
employee, as defined in division (C) of section 742.01, division
(B) of section 3309.01, or division (A) of section 5505.01 of the
Revised Code, and any member of the state teachers retirement
system.
(2) "Participant account" means any of the following
accounts:
(a) An account that is maintained by the Ohio public
employees deferred compensation board and that evidences moneys
that have been deferred by a continuing member or participating
employee and transmitted to the board by the retirement system of
the continuing member or participating employee;
(b) An account that is maintained by the governing board,
administrator, depository, or trustee of a deferred compensation
program of a municipal corporation and that evidences moneys that
have been deferred by an officer or employee of that municipal
corporation and transmitted to the governing board,
administrator, depository, or trustee by the retirement system of
the officer or employee or in another manner;
(c) An account that is maintained by a governing board, as
defined in section 145.74 148.06 of the Revised Code, and that
evidences
moneys that have been deferred by an officer or employee of a
government unit, as defined in that section, and transmitted to
the governing board by the retirement system of the officer or
employee or in another manner.
(3) "Participating employee" means any eligible employee
who is having compensation deferred pursuant to a contract that
is executed before the compensation is earned and that is with
his THE ELIGIBLE EMPLOYEE'S employer and the Ohio public
employees deferred compensation
board.
(4) "Continuing member" means any former participating
employee who is not currently having compensation deferred, or
his THE FORMER PARTICIPATING EMPLOYEE'S beneficiary, to whom
payment has not been made of all
deferred compensation distributions.
(B) Notwithstanding section 145.01 of the Revised Code,
the definitions of that section are applicable to sections 145.71
to 145.76 of the Revised Code THIS CHAPTER only to any extent
necessary to
fully understand the provisions of those sections THIS CHAPTER.
Reference may
also be had to Chapters 742., 3307., 3309., and 5505. of the
Revised Code for that purpose.
Sec. 145.72 148.02. The Ohio public employees deferred
compensation board shall be comprised of a member of the house of
representatives and a member of the senate, who shall not be of
the same political party, each to be appointed to serve at the
pleasure of his THE MEMBER'S respective leadership, and the
members of the
public employees retirement board as constituted by section
145.04 of the Revised Code, who are hereby created as a separate
legal entity for the purpose of administering a deferred
compensation system for all eligible employees. The public
employees retirement board may utilize its employees and property
in the administration of the system on behalf of the Ohio public
employees deferred compensation board, in consideration of a
reasonable service charge to be applied in a nondiscriminatory
manner to all amounts of compensation deferred under this system.
The Ohio public employees deferred compensation board may
exercise the same powers granted by section 145.09 of the Revised
Code necessary to its functions. The attorney general shall be
the legal adviser of the board.
Sec. 145.73 148.04. (A) The Ohio public employees deferred
compensation board shall initiate, plan, expedite, and, subject
to an appropriate assurance of the approval of the internal
revenue service, promulgate and offer to all eligible employees,
and thereafter administer on behalf of all participating
employees and continuing members, and alter as required, a
program for deferral of compensation, including a reasonable
number of options to the employee for the investment of deferred
funds, including life insurance, annuities, variable annuities,
pooled investment funds managed by
the board, or other forms of investment approved by the board,
always in such form as will assure the desired tax treatment of
such funds. The members of the Ohio public employees deferred
compensation board are the trustees of any deferred funds and shall discharge
their duties with respect to the funds solely in the interest of and for the
exclusive benefit of participating employees, continuing members, and their
beneficiaries. With respect to such deferred funds, section 145.75
148.09 of the Revised Code shall
apply to claims against participating employees or continuing members and
their employers.
(B) Every employer of an eligible employee shall contract
with such employee upon the employee's application for
participation in a
deferred compensation program offered by the board. Every
retirement system serving an eligible employee shall serve as
collection agent for compensation deferred by any of its members
and account for and deliver such sums to the board.
(C) The board shall, subject to any applicable contract
provisions, undertake to obtain as favorable conditions of tax
treatment as possible, both in the initial programs and any
permitted alterations thereof or additions thereto, as to such
matters as terms of distribution, designation of beneficiaries,
withdrawal upon disability, financial hardship, or termination of
public employment, and other optional provisions.
(D) In no event shall the total of the amount of deferred
compensation to be set aside under a deferred compensation
program and the employee's nondeferred income for any year exceed
the total annual salary or compensation under the existing salary
schedule or classification plan applicable to such employee in
such year.
Such a deferred compensation program shall be in addition
to any retirement or any other benefit program provided by law
for employees of this state. The board shall adopt rules
pursuant to Chapter 119. of the Revised Code to provide any
necessary standards or conditions for the administration of its
programs, including any limits on the portion of a participating
employee's compensation that may be deferred in order to avoid
adverse treatment of the program by the internal revenue service
or the occurrence of deferral, withholding, or other deductions
in excess of the compensation available for any pay period.
Any income deferred under such a plan shall continue to be
included as regular compensation for the purpose of computing the
contributions to and benefits from the retirement system of such
employee. Any sum so deferred shall not be included in the
computation of any federal and state income taxes withheld on
behalf of any such employee.
(E) This section does not limit the authority of any
municipal corporation, county, township, park district,
conservancy district, sanitary district, health district, public
library, county law library, public institution of higher
education, or school district to provide separate authorized
plans or programs for deferring compensation of their officers
and employees in addition to the program for the deferral of
compensation offered by the board. Any municipal corporation,
public institution of higher education, or school district that
offers such plans or programs shall include a reasonable number
of options to its officers or employees for the investment of the
deferred funds, including annuities, variable annuities,
regulated investment trusts, or other forms of investment
approved by the municipal corporation, institution of higher
education, or school district, that will assure the desired tax
treatment of the funds.
Sec. 145.74 148.06. As used in this section:
(A) "Government unit" means a county, township, park
district of any kind, conservancy district, sanitary district,
health district, public library district, or county law library.
(B) "Governing board" means, in the case of the county,
the board of county commissioners; in the case of a township, the
board of township trustees; in the case of a park district, the
board of park commissioners; in the case of a conservancy
district, the district's board of directors; in the case of a
sanitary district, the district's board of directors; in the case
of a health district, the board of health; in the case of a
public library district, the board of library trustees; and in
the case of a county law library, the board of trustees of the
law library association.
In addition to the program of deferred compensation that
may be offered under sections 145.71 to 145.73 of the Revised
Code THIS CHAPTER, a governing board may offer to all of the
officers and
employees of the government unit not to exceed two additional
programs for deferral of compensation designed for favorable tax
treatment of the compensation so deferred. Any such program
shall include a reasonable number of options to the officer or
employee for the investment of the deferred funds, including
annuities, variable annuities, regulated investment trusts, or
other forms of investment approved by the governing board, that
will assure the desired tax treatment of the funds.
Any income deferred under such a plan shall continue to be
included as regular compensation for the purpose of computing the
contributions to and benefits from the officer's or employee's
retirement system but shall not be included in the computation of
any federal and state income taxes withheld on behalf of any such
employee.
Sec. 145.75 148.09. Except as provided in sections 145.71
to 145.76, 3105.171,
3105.63, and 3113.21 of the Revised Code AND THIS CHAPTER, a
participant account or any benefit
or other right accrued or accruing to any person under sections 145.71 to
145.76 of the Revised Code THIS CHAPTER or under a deferred
compensation program offered by
a government unit, as defined in section 145.74 148.06 of the
Revised Code, or by a
municipal corporation shall not be subject to execution, garnishment,
attachment, sale to satisfy a judgment or order, the operation of bankruptcy
or insolvency laws, or other process of law and shall be unassignable.
Sec. 145.76 148.10. (A) Notwithstanding any other provision
of
sections 145.71 to 145.76 of the Revised Code THIS CHAPTER, any
payment, other
than a survivorship benefit, that is to be made to a person by a
deferred compensation program pursuant to those sections or a
deferred compensation program offered by a government unit, as
defined in section 145.74 148.06 of the Revised Code, or by a
municipal
corporation is subject to any withholding order issued pursuant
to section 2907.15 or division (C)(2)(b) of section 2921.41 of
the Revised Code. The Ohio public employees deferred compensation board, the
governing board, as defined in section 145.74 148.06 of the
Revised
Code, that is associated with a government unit, and the
governing board, administrator, depository, or trustee of a
deferred compensation program of a municipal corporation shall
comply with that withholding order in making payment.
(B) Notwithstanding any other provision of sections 145.71
to 145.76 of the Revised Code THIS CHAPTER, if a deferred
compensation program
receives a notice pursuant to section 2907.15 or division (D)
of section 2921.41 of
the Revised Code that a person who has a participant account has
been charged with a violation of section 2907.02, 2907.03, 2907.04,
2907.05, or 2921.41 of the Revised
Code, no payment from that account shall be made prior to whichever of the
following is applicable:
(1) If the person is convicted of or pleads guilty to the
violation and a motion for a withholding order for purposes of
restitution has not been filed under section 2907.15 or
division (C)(2)(b)(i) of section 2921.41 of the Revised Code, thirty days
after the day on
which the person is sentenced for the violation;
(2) If the person is convicted of or pleads guilty to the
violation and a motion for a withholding order for purposes of
restitution has been filed under section 2907.15 or division
(C)(2)(b)(i) of section 2921.41 of the Revised Code, the day on which the
court decides
the motion;
(3) If the charge is dismissed or the person is found not
guilty or not guilty by reason of insanity of the violation, the
day on which the dismissal of the charge or the verdict is
entered in the journal of the court.
Sec. 306.45. All officers and employees of a regional transit authority shall
be considered as public employees within the meaning of section 145.01 of the
Revised Code and a regional transit authority, its officers, and employees
shall be subject to sections 145.01 to 145.57, inclusive,
CHAPTER 145. of the Revised Code.
Sec. 308.15. All officers and employees of a regional airport authority shall
be considered as public employees within the meaning of section 145.01 of the
Revised Code and a regional airport authority, its officers and employees
shall be subject to the provisions of sections 145.01 to 145.57,
inclusive, CHAPTER 145. of
the Revised Code.
Sec. 742.58. On the death of a member of the Ohio police and
fire pension fund who at the time of death is receiving a
retirement pension or
disability benefits, a lump-sum payment of one thousand dollars shall
be paid
to the member's surviving spouse or, if there is no surviving spouse, to
the beneficiary the member designated on a form provided by the fund. If
there is no surviving spouse or designated beneficiary, the
payment shall be made to the member's estate.
Application for the payment shall be made on a form provided by the fund.
A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE INSURANCE FOR
PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY FROM CONTRIBUTIONS MADE
UNDER SECTIONS 742.33 AND 742.34 of the Revised Code AND ANY EARNINGS ATTRIBUTABLE TO THOSE
CONTRIBUTIONS.
Sec. 2329.66. (A) Every person who is domiciled in this
state may hold property exempt from execution, garnishment,
attachment, or sale to satisfy a judgment or order, as follows:
(1)(a) In the case of a judgment or order regarding money
owed for health care services rendered or health care supplies
provided to the person or a dependent of the person, one parcel
or item of real or personal property that the person or a
dependent of the person uses as a residence. Division (A)(1)(a)
of this section does not preclude, affect, or invalidate the
creation under this chapter of a judgment lien upon the exempted
property but only delays the enforcement of the lien until the
property is sold or otherwise transferred by the owner or in
accordance with other applicable laws to a person or entity other
than the surviving spouse or surviving minor children of the
judgment debtor. Every person who is domiciled in this state may
hold exempt from a judgment lien created pursuant to division
(A)(1)(a) of this section the person's interest, not to exceed five
thousand dollars, in the exempted property.
(b) In the case of all other judgments and orders, the
person's interest, not to exceed five thousand dollars, in one
parcel or item of real or personal property that the person or a
dependent of the person uses as a residence.
(2) The person's interest, not to exceed one thousand dollars, in one
motor vehicle;
(3) The person's interest, not to exceed two hundred
dollars in any particular item, in wearing apparel, beds, and
bedding, and the person's interest, not to exceed three hundred
dollars in each item, in one cooking unit and one refrigerator or
other food preservation unit;
(4)(a) The person's interest, not to exceed four hundred
dollars, in cash on hand, money due and payable, money to become
due within ninety days, tax refunds, and money on deposit with a
bank, savings and loan association, credit union, public utility,
landlord, or other person. Division (A)(4)(a) of this section applies only in
bankruptcy proceedings. This exemption may include the portion
of personal earnings that is not exempt under division (A)(13) of
this section.
(b) Subject to division (A)(4)(d) of this section, the
person's interest, not to exceed two hundred dollars in any
particular item, in household furnishings, household goods,
appliances, books, animals, crops, musical instruments, firearms,
and hunting and fishing equipment, that are held primarily for
the personal, family, or household use of the person;
(c) Subject to division (A)(4)(d) of this section, the
person's interest in one or more items of jewelry, not to exceed
four hundred dollars in one item of jewelry and not to exceed two
hundred dollars in every other item of jewelry;
(d) Divisions (A)(4)(b) and (c) of this section do not
include items of personal property listed in division (A)(3) of
this section.
If the person does not claim an exemption under division
(A)(1) of this section, the total exemption claimed under
division (A)(4)(b) of this section shall be added to the total
exemption claimed under division (A)(4)(c) of this section, and
the total shall not exceed two thousand dollars. If the person
claims an exemption under division (A)(1) of this section, the
total exemption claimed under division (A)(4)(b) of this section
shall be added to the total exemption claimed under division
(A)(4)(c) of this section, and the total shall not exceed one
thousand five hundred dollars.
(5) The person's interest, not to exceed an aggregate of
seven hundred fifty dollars, in all implements, professional
books, or tools of the person's profession, trade, or business,
including
agriculture;
(6)(a) The person's interest in a beneficiary fund set
apart, appropriated, or paid by a benevolent association or
society, as exempted by section 2329.63 of the Revised Code;
(b) The person's interest in contracts of life or
endowment insurance or annuities, as exempted by section 3911.10
of the Revised Code;
(c) The person's interest in a policy of group insurance
or the proceeds of a policy of group insurance, as exempted by
section 3917.05 of the Revised Code;
(d) The person's interest in money, benefits, charity,
relief, or aid to be paid, provided, or rendered by a fraternal
benefit society, as exempted by section 3921.18 of the Revised
Code;
(e) The person's interest in the portion of benefits under
policies of sickness and accident insurance and in lump-sum
payments for dismemberment and other losses insured under those
policies, as exempted by section 3923.19 of the Revised Code.
(7) The person's professionally prescribed or medically
necessary health aids;
(8) The person's interest in a burial lot, including, but
not limited to, exemptions under section 517.09 or 1721.07 of the
Revised Code;
(9) The person's interest in the following:
(a) Moneys paid or payable for living maintenance or
rights, as exempted by section 3304.19 of the Revised Code;
(b) Workers' compensation, as exempted by section
4123.67
of the Revised Code;
(c) Unemployment compensation benefits, as exempted by
section 4141.32 of the Revised Code;
(d) Cash assistance payments under the Ohio works first program, as exempted
by
section 5107.75 of the Revised Code;
(e) Disability assistance payments, as exempted by section
5115.07 of the Revised Code.
(10)(a) Except in cases in which the person was convicted
of or pleaded guilty to a violation of section 2921.41 of the
Revised Code and in which an order for the withholding of
restitution from payments was issued under division (C)(2)(b) of
that section or in cases in which an order for withholding was issued under
section 2907.15 of the Revised Code, and only to the
extent provided
in the order,
and
except as provided in sections 3105.171, 3105.63, 3111.23,
and
3113.21 of the Revised Code, the person's right to a pension,
benefit, annuity, retirement allowance, or accumulated
contributions, the person's right to a participant account in any
deferred compensation program offered by the Ohio public
employees deferred compensation board, a government unit, or a
municipal corporation, or the person's other accrued or accruing
rights, as exempted by section 145.56, 145.75, 146.13, 148.09,
742.47,
3307.41, 3309.66, or 5505.22 of the Revised Code, and
the
person's right to benefits from the Ohio public safety officers
death benefit
fund;
(b) Except as provided in sections 3111.23 and
3113.21 of
the Revised Code, the person's right to receive a payment under
any pension, annuity, or similar plan or contract, not including
a payment from a stock bonus or profit-sharing plan or a payment
included in division (A)(6)(b) or (10)(a) of this section, on
account of illness, disability, death, age, or length of service,
to the extent reasonably necessary for the support of the person
and any of the person's dependents, except if all the following
apply:
(i) The plan or contract was established by or under the
auspices of an insider that employed the person at the time the
person's rights under the plan or contract arose.
(ii) The payment is on account of age or length of
service.
(iii) The plan or contract is not qualified under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as
amended.
(c) Except for any portion of the assets that were
deposited for the purpose of evading the payment of any debt and
except as provided in sections 3111.23 and 3113.21
of the Revised
Code, the person's right in the assets held in, or to receive
any payment under, any individual retirement account,
individual retirement annuity,
"Roth IRA," or education individual retirement
account that provides
benefits by reason of illness, disability, death, or age, to the extent
that the assets, payments, or benefits described in division
(A)(10)(c) of this section are attributable
to any of the following:
(i) Contributions of the person that were less
than or equal to the applicable limits on deductible
contributions to an individual retirement account or individual
retirement annuity in the year that the contributions were made,
whether or not the person was eligible to deduct the
contributions on the person's federal tax return for the year in
which the contributions were made;
(ii) Contributions of the person that were less
than or equal to the applicable limits on contributions to a
Roth IRA or education individual
retirement account in the year that the contributions were made;
(iii) Contributions of the person that are within
the applicable limits on rollover contributions under
subsections 219, 402(c), 403(a)(4),
403(b)(8), 408(b), 408(d)(3),
408A(c)(3)(B), 408A(d)(3),
and 530(d)(5) of the
"Internal Revenue Code of 1986," 100
Stat. 2085, 26
U.S.C.A. 1, as amended.
(d) Except for any portion of the
assets that were deposited for the purpose of evading the
payment of any debt and except as provided in sections 3111.23 and 3113.21 of
the Revised Code, the person's
right in the assets held in, or to receive any payment under,
any Keogh or "H.R. 10" plan that provides benefits
by reason of illness, disability, death, or age, to the extent reasonably
necessary for the support of the person and any of the person's
dependents.
(11) The person's right to receive spousal support, child
support, an allowance, or other maintenance to the extent
reasonably necessary for the support of the person and any of the
person's
dependents;
(12) The person's right to receive, or moneys received
during the preceding twelve calendar months from, any of the
following:
(a) An award of reparations under sections 2743.51 to
2743.72 of the Revised Code, to the extent exempted by division
(D) of section 2743.66 of the Revised Code;
(b) A payment on account of the wrongful death of an
individual of whom the person was a dependent on the date of the
individual's death, to the extent reasonably necessary for the
support of the person and any of the person's dependents;
(c) Except in cases in which the person who receives the payment is an
inmate, as defined in section 2969.21 of the Revised Code, and in which the
payment resulted from a civil action or appeal against a government entity or
employee, as defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on
account of personal bodily injury, not including pain and
suffering or compensation for actual pecuniary loss, of the
person or an individual for whom the person is a dependent;
(d) A payment in compensation for loss of future earnings
of the person or an individual of whom the person is or was a
dependent, to the extent reasonably necessary for the support of
the debtor and any of the debtor's dependents.
(13) Except as provided in sections 3111.23 and
3113.21 of the Revised Code, personal earnings of the person owed to the
person for services in an amount equal to the greater of the following
amounts:
(a) If paid weekly, thirty times the current federal
minimum hourly wage; if paid biweekly, sixty times the current
federal minimum hourly wage; if paid semimonthly, sixty-five
times the current federal minimum hourly wage; or if paid
monthly, one hundred thirty times the current federal minimum
hourly wage that is in effect at the time the earnings are
payable, as prescribed by the "Fair Labor Standards Act of 1938,"
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended;
(b) Seventy-five per cent of the disposable earnings owed
to the person.
(14) The person's right in specific partnership property,
as exempted by division (B)(3) of section 1775.24 of the Revised
Code;
(15) A seal and official register of a notary public, as
exempted by section 147.04 of the Revised Code;
(16) The person's interest in a tuition credit or a payment under section
3334.09 of the Revised Code pursuant to a tuition credit contract, as exempted
by section 3334.15 of the Revised Code;
(17) Any other property that is specifically exempted from
execution, attachment, garnishment, or sale by federal statutes
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11
U.S.C.A. 101, as amended;
(18) The person's interest, not to exceed four hundred
dollars, in any property, except that division (A)(18) of this section applies
only in bankruptcy proceedings.
(B) As used in this section:
(1) "Disposable earnings" means net earnings after the
garnishee has made deductions required by law, excluding the
deductions ordered pursuant to section 3111.23 or
3113.21 of the
Revised Code.
(2) "Insider" means:
(a) If the person who claims an exemption is an
individual, a relative of the individual, a relative of a general
partner of the individual, a partnership in which the individual
is a general partner, a general partner of the individual, or a
corporation of which the individual is a director, officer, or in
control;
(b) If the person who claims an exemption is a
corporation, a director or officer of the corporation; a person
in control of the corporation; a partnership in which the
corporation is a general partner; a general partner of the
corporation; or a relative of a general partner, director,
officer, or person in control of the corporation;
(c) If the person who claims an exemption is a
partnership, a general partner in the partnership; a general
partner of the partnership; a person in control of the
partnership; a partnership in which the partnership is a general
partner; or a relative in, a general partner of, or a person in
control of the partnership;
(d) An entity or person to which or whom any of the
following applies:
(i) The entity directly or indirectly owns, controls, or
holds with power to vote, twenty per cent or more of the
outstanding voting securities of the person who claims an
exemption, unless the entity holds the securities in a fiduciary
or agency capacity without sole discretionary power to vote the
securities or holds the securities solely to secure to debt and
the entity has not in fact exercised the power to vote.
(ii) The entity is a corporation, twenty per cent or more
of whose outstanding voting securities are directly or indirectly
owned, controlled, or held with power to vote, by the person who
claims an exemption or by an entity to which division
(B)(2)(d)(i) of this section applies.
(iii) A person whose business is operated under a lease or
operating agreement by the person who claims an exemption, or a
person substantially all of whose business is operated under an
operating agreement with the person who claims an exemption.
(iv) The entity operates the business or all or
substantially all of the property of the person who claims an
exemption under a lease or operating agreement.
(e) An insider, as otherwise defined in this section, of a
person or entity to which division (B)(2)(d)(i), (ii), (iii), or
(iv) of this section applies, as if the person or entity were a
person who claims an exemption;
(f) A managing agent of the person who claims an
exemption.
(3) "Participant account" has the same meaning as in
section 145.71 148.01 of the Revised Code.
(4) "Government unit" has the same meaning as in section
145.74 148.06 of the Revised Code.
(C) For purposes of this section, "interest" shall be
determined as follows:
(1) In bankruptcy proceedings, as of the date a petition
is filed with the bankruptcy court commencing a case under Title
11 of the United States Code;
(2) In all cases other than bankruptcy proceedings, as of
the date of an appraisal, if necessary under section 2329.68 of
the Revised Code, or the issuance of a writ of execution.
An interest, as determined under division (C)(1) or (2) of
this section, shall not include the amount of any lien otherwise
valid pursuant to section 2329.661 of the Revised Code.
Sec. 2907.15. (A) As used in this section:
(1) "Public retirement system" means the public
employees retirement system, STATE TEACHERS RETIREMENT SYSTEM, SCHOOL
EMPLOYEES RETIREMENT SYSTEM, Ohio police and fire pension fund,
state
highway patrol retirement system, or a municipal retirement system of a
municipal corporation of this state.
(2) "Government deferred compensation program" means such
a program offered by the Ohio
public employees deferred compensation board; a municipal
corporation; or a governmental unit, as defined in section 145.74
148.06 of the Revised Code.
(3) "Deferred compensation program participant" means a
"participating employee" or "continuing member," as defined in
section 145.71 148.01 of the Revised Code, or any other public
employee who has funds in a government deferred compensation program.
(4) "Prosecutor" has the same meaning as in section
2935.01 of the Revised Code.
In any case in which a sentencing court
orders restitution to the victim under section 2929.18 of the Revised Code for
a violation of section 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised
Code and
in which the offender is a government deferred compensation program
participant or is a member of, or receiving a pension, benefit, or allowance,
other than
a survivorship benefit, from, a public
retirement system and committed the offense against a child, student, patient,
or other person with whom the offender had contact in the context of the
offender's public employment, at the request of the victim the prosecutor
shall file a motion with the sentencing
court specifying the government deferred compensation program or public
retirement system and
requesting that the court issue an order requiring the government deferred
compensation program or public retirement system to withhold the amount
required as restitution from one or more of the following: any payment to be
made from a government deferred compensation program or under a pension,
annuity, allowance, or any other benefit, other than a survivorship benefit,
that has been
or is in the future granted to the offender; from any payment of
accumulated employee contributions standing to the offender's credit with the
government deferred compensation program or public retirement system; or from
any payment of any other amounts to be paid to the offender pursuant to
Chapter 145., 148., 742., 3307., 3309., or 5505. of the Revised Code
on withdrawal of
contributions. The motion
may be filed at any time subsequent to the conviction of
the offender or entry of a guilty plea. On the filing of
the motion, the clerk of the court in which the motion is filed
shall notify the offender and the government deferred compensation program or
public retirement system, in writing, of all of the
following: that the motion was filed; that the offender will be
granted a hearing on the issuance of the requested order if the
offender files a written request for a hearing with the clerk
prior to the expiration of thirty days after the offender
receives the notice; that, if a hearing is requested, the court
will schedule a hearing as soon as possible and notify the
offender and the government deferred compensation program or public retirement
system of the date, time, and place of the hearing; that, if a hearing is
conducted, it will be limited
to a consideration of whether the offender can show good cause
why the order should not be issued; that, if a hearing
is conducted, the court will not issue the order if the
court determines, based on evidence presented at the hearing by
the offender, that there is good cause for the order
not to be issued; that the court will issue the order
if a hearing is not requested or if a hearing is conducted but
the court does not determine, based on evidence presented at the
hearing by the offender, that there is good cause for the
order not to be issued; and that, if the
order is issued, the government deferred compensation program or public
retirement system specified in the motion will be required to withhold the
amount required as restitution from payments to the offender.
(B) In any case in which
a motion requesting the issuance of a withholding order
as described in division (A) of this section is filed,
the offender may receive a hearing on the motion by delivering a
written request for a hearing to the court prior to the
expiration of thirty days after the offender's receipt of the
notice provided pursuant to division (A) of this
section. If the offender requests a hearing
within the prescribed time, the court shall schedule a hearing as
soon as possible after the request is made and notify the
offender and the government deferred compensation program or public retirement
system of the date, time, and place of the hearing. A hearing scheduled
under this division shall be limited to a consideration of
whether there is good cause, based on evidence presented by the
offender, for the requested order not to be issued. If the court
determines, based on evidence presented by the offender, that
there is good cause for the order not to be issued, the court
shall deny the motion and shall not issue the order.
Good cause for not issuing the order includes a determination by the court
that the order would severely impact the offender's ability to support the
offender's dependents.
If the offender does not request a hearing within the prescribed
time or the court conducts a hearing but does not determine,
based on evidence presented by the offender, that there is good
cause for the order not to be issued, the court shall order the government
deferred compensation program or public retirement system
to withhold the amount required as restitution
from one or more of the following: any payments to be made from a government
deferred compensation program or under a pension, annuity, allowance,
or under any other benefit, other than a survivorship benefit, that has been
or is
in the future granted to the offender; from any payment of
accumulated employee contributions standing to the offender's
credit with the government deferred compensation program or public retirement
system; or from any payment of any other amounts
to be paid to the offender upon withdrawal
of contributions pursuant to Chapter 145., 148., 742., 3307., 3309.,
or
5505. of the Revised Code and to continue the withholding for that purpose, in
accordance
with the order, out of each payment to be made on or after the date of
issuance of the order, until further order of the court. On receipt of an
order issued under this division, the government deferred compensation program
or public retirement system shall withhold the amount required as
restitution, in accordance with the order, from any such payments
and immediately forward the amount withheld to the clerk of
the court in which the order was issued for payment to the person
to whom restitution is to be made. The order shall not apply to any portion
of payments made from a government deferred compensation program or public
retirement system to a person other than the offender pursuant to a previously
issued domestic court order.
(C) Service of a notice required by division
(A) or (B) of this section shall be effected in the
same manner as provided in the Rules of Civil
Procedure for the
service of process.
(D) Upon the filing of charges under section 2907.02, 2907.03,
2907.04, or 2907.05
of the Revised Code against a person who is a deferred
compensation program participant or a member of, or receiving a pension
benefit, or allowance, other than a survivorship benefit,
from a public retirement system for an offense against a child, student,
patient, or other person with whom the offender had contact in the context of
the offender's public employment, the prosecutor shall send written notice
that charges have been filed against that person to the appropriate government
deferred compensation program or public
retirement system. The notice shall specifically identify the person charged.
Sec. 2921.41. (A) No public official or party official
shall commit any theft offense, as defined in division (K) of
section 2913.01 of the Revised Code, when either of the following
applies:
(1) The offender uses the offender's office in aid of committing the
offense or permits or assents to its use in aid of committing the
offense;
(2) The property or service involved is owned by this
state, any other state, the United States, a county, a municipal
corporation, a township, or any political subdivision,
department, or agency of any of them, is owned by a political
party, or is part of a political campaign fund.
(B) Whoever violates this section is guilty of theft in
office. Except as otherwise provided in this division, theft in office is a
felony of the fifth degree. If the value of property or services stolen is
five hundred dollars or more and is less than five thousand dollars, theft in
office is a felony of the fourth degree. If the value of property or services
stolen is five thousand dollars or more, theft in office is a felony of
the
third degree.
(C)(1) A public official or party official who is
convicted of or pleads guilty to theft in office is forever
disqualified from holding any public office, employment, or
position of trust in this state.
(2)(a) A court that imposes sentence for a violation of
this section based on conduct described in division (A)(2) of
this section shall require the public official or party official
who is convicted of or pleads guilty to the offense to make
restitution for all of the property or the service that is the
subject of the offense, in addition to the term of imprisonment
and any fine imposed. A court that imposes sentence for a
violation of this section based on conduct described in division
(A)(1) of this section and that determines at trial that this
state or a political subdivision of this state if the offender is
a public official, or a political party in the United States or
this state if the offender is a party official, suffered actual
loss as a result of the offense shall require the offender to
make restitution to the state, political subdivision, or
political party for all of the actual loss experienced, in
addition to the term of imprisonment and any fine imposed.
(b)(i) In any case in which a sentencing court is required
to order restitution under division (C)(2)(a) of this section and
in which the offender, at the time of the commission of the
offense or at any other time, was a member of the public
employees retirement system, the Ohio police and fire
pension fund, the state teachers retirement system, the
school employees retirement system, or the state highway patrol
retirement system; was an electing employee, as defined in
section
3305.01 of the Revised Code, participating in an alternative retirement plan
provided
pursuant to Chapter 3305. of the Revised Code; was a participating
employee or continuing
member, as defined in section 145.71 148.01 of the Revised
Code, in a
deferred compensation program offered by the Ohio public
employees deferred compensation board; was an officer or
employee
of a municipal corporation who was a participant in a deferred
compensation program offered by that municipal corporation; was
an
officer or employee of a government unit, as defined in section
145.74 148.06 of the Revised Code, who was a participant in a
deferred
compensation program offered by that government unit, or was a
participating employee, continuing member, or participant in any
deferred compensation program described in this division and a
member of a retirement system specified in this division or a
retirement system of a municipal corporation, the entity to which
restitution is to be made may file a motion with the sentencing
court specifying any retirement system, any entity providing any
benefit under an alternative retirement plan, and any deferred
compensation program of which the offender was a member, electing
employee, participating employee, continuing member, or participant
and requesting the court to issue an order requiring the specified
retirement system, the specified entity providing the benefit under the
alternative retirement plan, or the specified deferred compensation
program, or, if more than one is specified in the
motion, the applicable combination of these, to withhold the
amount
required as restitution from any payment that is to be made under
a pension, annuity, or allowance, under a participant account, as
defined in section 145.71 148.01 of the Revised Code, or under
any other
type of benefit, other than a survivorship benefit, that has been
or is in the future granted to the offender, from any payment of
accumulated employee contributions standing to the offender's
credit with that retirement system, that entity providing the payment under
the alternative retirement plan, or that deferred compensation
program, or, if more than one is specified in the
motion, the applicable combination of
these, and from any payment of
any other amounts to be paid to the offender upon the offender's withdrawal
of the offender's contributions pursuant to Chapter 145., 148., 742.,
3307.,
3309., or 5505. of the Revised Code. A motion described in this
division may be filed at any time subsequent to the conviction of
the offender or entry of a guilty plea. Upon the filing of
the motion, the clerk of the court in which the motion is filed
shall notify the offender, the specified retirement system, the specified
entity providing the benefit under the alternative retirement plan, or the
specified deferred compensation program, or, if more than
one is specified in the motion, the applicable combination of these,
in
writing, of all of the
following: that the motion was filed; that the offender will be
granted a hearing on the issuance of the requested order if the
offender files a written request for a hearing with the clerk
prior to the expiration of thirty days after the offender
receives the notice; that, if a hearing is requested, the court
will schedule a hearing as soon as possible and notify the
offender, any specified retirement system, any specified entity providing
any benefit under an alternative retirement plan, and any specified
deferred compensation program of the date, time, and place of the
hearing; that, if a hearing is conducted, it will be limited only
to a consideration of whether the offender can show good cause
why the requested order should not be issued; that, if a hearing
is conducted, the court will not issue the requested order if the
court determines, based on evidence presented at the hearing by
the offender, that there is good cause for the requested order
not to be issued; that the court will issue the requested order
if a hearing is not requested or if a hearing is conducted but
the court does not determine, based on evidence presented at the
hearing by the offender, that there is good cause for the
requested order not to be issued; and that, if the requested
order is issued, any retirement system, any entity providing any
benefit under an alternative retirement plan, and any deferred
compensation program specified in the motion will be required to
withhold the amount required as restitution from payments to the
offender.
(ii) In any case in which a sentencing court is required
to order restitution under division (C)(2)(a) of this section and
in which a motion requesting the issuance of a withholding order
as described in division (C)(2)(b)(i) of this section is filed,
the offender may receive a hearing on the motion by delivering a
written request for a hearing to the court prior to the
expiration of thirty days after the offender's receipt of the
notice provided pursuant to division (C)(2)(b)(i) of this
section. If a request for a hearing is made by the offender
within the prescribed time, the court shall schedule a hearing as
soon as possible after the request is made and shall notify the
offender, the specified retirement system, the specified entity providing
the benefit under the alternative retirement plan, or the specified
deferred
compensation program, or, if more than one is specified
in the motion, the
applicable combination of these, of the date, time, and place of
the hearing. A hearing scheduled
under this division shall be limited to a consideration of
whether there is good cause, based on evidence presented by the
offender, for the requested order not to be issued. If the court
determines, based on evidence presented by the offender, that
there is good cause for the order not to be issued, the court
shall deny the motion and shall not issue the requested order.
If the offender does not request a hearing within the prescribed
time or if the court conducts a hearing but does not determine,
based on evidence presented by the offender, that there is good
cause for the order not to be issued, the court shall order the
specified retirement system, the specified entity providing the benefit
under the alternative retirement plan, or the specified deferred
compensation program, or, if more than one is specified
in the motion, the applicable
combination of these, to withhold
the amount required as restitution under division (C)(2)(a) of
this section from any payments to be made under a pension,
annuity, or allowance, under a participant account, as defined in
section 145.71 148.01 of the Revised Code, or under any other
type of
benefit, other than a survivorship benefit, that has been or is
in the future granted to the offender, from any payment of
accumulated employee contributions standing to the offender's
credit with that retirement system, that entity providing the benefit under
the alternative retirement plan, or that deferred compensation
program, or, if more than one is specified in the
motion, the
applicable combination of these, and from any payment of
any other amounts to be paid to the offender upon the offender's withdrawal
of the offender's contributions pursuant to Chapter 145., 148., 742.,
3307.,
3309., or 5505. of the Revised Code, and to continue the
withholding for that purpose, in accordance with the order, out
of each payment to be made on or after the date of issuance of
the order, until further order of the court. Upon receipt of an
order issued under this division, the public employees retirement
system, the Ohio police and
fire pension fund, the
state teachers retirement system, the school employees retirement
system, the state highway patrol retirement system, a municipal
corporation retirement system, the entity providing the benefit under the
alternative retirement plan, and the deferred compensation
program offered by the Ohio public employees deferred
compensation board, a municipal corporation, or a government
unit, as defined in section 145.74 148.06 of the Revised Code,
whichever
are applicable, shall withhold the amount required as
restitution, in accordance with the order, from any such payments
and immediately shall forward the amount withheld to the clerk of
the court in which the order was issued for payment to the entity
to which restitution is to be made.
(iii) Service of a notice required by division
(C)(2)(b)(i) or (ii) of this section shall be effected in the
same manner as provided in the Rules of Civil Procedure for the
service of process.
(D) Upon the filing of charges against a person under this
section, the prosecutor, as defined in section 2935.01 of the
Revised Code, who is assigned the case shall send written notice
that charges have been filed against that person to the public
employees retirement system, the Ohio police and fire
pension fund, the state teachers retirement system, the
school employees retirement system, the state highway patrol
retirement system, the entity providing any benefit under an alternative
retirement plan, any municipal corporation retirement system in
this state, and the deferred compensation program offered by the
Ohio public employees deferred compensation board, a municipal
corporation, or a government unit, as defined in section 145.74
148.06 of the Revised Code. The written notice shall specifically
identify the person charged.
Sec. 3105.171. (A) As used in this section:
(1) "Distributive award" means any payment or payments, in
real or personal property, that are payable in a lump sum or over
time, in fixed amounts, that are made from separate property or
income, and that are not made from marital property and do not
constitute payments of spousal support, as defined in section
3105.18 of the Revised Code.
(2) "During the marriage" means whichever of the following
is applicable:
(a) Except as provided in division (A)(2)(b) of this
section, the period of time from the date of the marriage through
the date of the final hearing in an action for divorce or in an
action for legal separation;
(b) If the court determines that the use of either or both
of the dates specified in division (A)(2)(a) of this section
would be inequitable, the court may select dates that it
considers equitable in determining marital property. If the
court selects dates that it considers equitable in determining
marital property, "during the marriage" means the period of time
between those dates selected and specified by the court.
(3)(a) "Marital property" means, subject to division
(A)(3)(b) of this section, all of the following:
(i) All real and personal property that currently is owned
by either or both of the spouses, including, but not limited to,
the retirement benefits of the spouses, and that was acquired by
either or both of the spouses during the marriage;
(ii) All interest that either or both of the spouses
currently has in any real or personal property, including, but
not limited to, the retirement benefits of the spouses, and that
was acquired by either or both of the spouses during the
marriage;
(iii) Except as otherwise provided in this section, all
income and appreciation on separate property, due to the labor,
monetary, or in-kind contribution of either or both of the
spouses that occurred during the marriage;
(iv) A participant account, as defined in section 145.71
148.01
of the Revised Code, of either of the spouses, to the extent of
the following: the moneys that have been deferred by a
continuing member or participating employee, as defined in that
section, and that have been transmitted to the Ohio public
employees deferred compensation board during the marriage and any
income that is derived from the investment of those moneys during
the marriage; the moneys that have been deferred by an officer or
employee of a municipal corporation and that have been
transmitted to the governing board, administrator, depository, or
trustee of the deferred compensation program of the municipal
corporation during the marriage and any income that is derived
from the investment of those moneys during the marriage; or the
moneys that have been deferred by an officer or employee of a
government unit, as defined in section 145.74 148.06 of the
Revised
Code, and that have been transmitted to the governing board, as
defined in that section, during the marriage and any income that
is derived from the investment of those moneys during the
marriage.
(b) "Marital property" does not include any separate
property.
(4) "Passive income" means income acquired other than as a
result of the labor, monetary, or in-kind contribution of either
spouse.
(5) "Personal property" includes both tangible and
intangible personal property.
(6)(a) "Separate property" means all real and personal
property and any interest in real or personal property that is
found by the court to be any of the following:
(i) An inheritance by one spouse by bequest, devise, or
descent during the course of the marriage;
(ii) Any real or personal property or interest in real or
personal property that was acquired by one spouse prior to the
date of the marriage;
(iii) Passive income and appreciation acquired from
separate property by one spouse during the marriage;
(iv) Any real or personal property or interest in real or
personal property acquired by one spouse after a decree of legal
separation issued under section 3105.17 of the Revised Code;
(v) Any real or personal property or interest in real or
personal property that is excluded by a valid antenuptial
agreement;
(vi) Compensation to a spouse for the spouse's personal
injury, except for loss of marital earnings and compensation for
expenses paid from marital assets;
(vii) Any gift of any real or personal property or of an
interest in real or personal property that is made after the date
of the marriage and that is proven by clear and convincing
evidence to have been given to only one spouse.
(b) The commingling of separate property with other
property of any type does not destroy the identity of the
separate property as separate property, except when the separate
property is not traceable.
(B) In divorce proceedings, the court shall, and in legal
separation proceedings upon the request of either spouse, the
court may, determine what constitutes marital property and what
constitutes separate property. In either case, upon making such
a determination, the court shall divide the marital and separate
property equitably between the spouses, in accordance with this
section. For purposes of this section, the court has
jurisdiction over all property in which one or both spouses have
an interest.
(C)(1) Except as provided in this division or division (E)
of this section, the division of marital property shall be equal.
If an equal division of marital property would be inequitable,
the court shall not divide the marital property equally but
instead shall divide it between the spouses in the manner the
court determines equitable. In making a division of marital
property, the court shall consider all relevant factors,
including those set forth in division (F) of this section.
(2) Each spouse shall be considered to have contributed
equally to the production and acquisition of marital property.
(3) The court shall provide for an equitable division of
marital property under this section prior to making any award of
spousal support to either spouse under section 3105.18 of the
Revised Code and without regard to any spousal support so
awarded.
(4) If the marital property includes a participant
account, as defined in section 145.71 148.01 of the Revised
Code, the
court shall not order the division or disbursement of the moneys
and income described in division (A)(3)(a)(iv) of this section to
occur in a manner that is inconsistent with the law, rules, or
plan governing the deferred compensation program involved or
prior to the time that the spouse in whose name the participant
account is maintained commences receipt of the moneys and income
credited to the account in accordance with that law, rules, and
plan.
(D) Except as otherwise provided in division (E) of this
section or by another provision of this section, the court shall
disburse a spouse's separate property to that spouse. If a court
does not disburse a spouse's separate property to that spouse,
the court shall make written findings of fact that explain the
factors that it considered in making its determination that the
spouse's separate property should not be disbursed to that
spouse.
(E)(1) The court may make a distributive award to
facilitate, effectuate, or supplement a division of marital
property. The court may require any distributive award to be
secured by a lien on the payor's specific marital property or
separate property.
(2) The court may make a distributive award in lieu of a
division of marital property in order to achieve equity between
the spouses, if the court determines that a division of the
marital property in kind or in money would be impractical or
burdensome.
(3) If a spouse has engaged in financial misconduct,
including, but not limited to, the dissipation, destruction,
concealment, or fraudulent disposition of assets, the court may
compensate the offended spouse with a distributive award or with
a greater award of marital property.
(F) In making a division of marital property and in
determining whether to make and the amount of any distributive
award under this section, the court shall consider all of the
following factors:
(1) The duration of the marriage;
(2) The assets and liabilities of the spouses;
(3) The desirability of awarding the family home, or the
right to reside in the family home for reasonable periods of
time, to the spouse with custody of the children of the marriage;
(4) The liquidity of the property to be distributed;
(5) The economic desirability of retaining intact an asset
or an interest in an asset;
(6) The tax consequences of the property division upon the
respective awards to be made to each spouse;
(7) The costs of sale, if it is necessary that an asset be
sold to effectuate an equitable distribution of property;
(8) Any division or disbursement of property made in a
separation agreement that was voluntarily entered into by the
spouses;
(9) Any other factor that the court expressly finds to be
relevant and equitable.
(G) In any order for the division or disbursement of
property or a distributive award made pursuant to this section,
the court shall make written findings of fact that support the
determination that the marital property has been equitably
divided and shall specify the dates it used in determining the
meaning of "during the marriage."
(H) Except as otherwise provided in this section, the
holding of title to property by one spouse individually or by
both spouses in a form of co-ownership does not determine whether
the property is marital property or separate property.
(I) A division or disbursement of property or a
distributive award made under this section is not subject to
future modification by the court.
(J) The court may issue any orders under this section that
it determines equitable, including, but not limited to, either of
the following types of orders:
(1) An order granting a spouse the right to use the
marital dwelling or any other marital property or separate
property for any reasonable period of time;
(2) An order requiring the sale or encumbrancing of any
real or personal property, with the proceeds from the sale and
the funds from any loan secured by the encumbrance to be applied
as determined by the court.
Sec. 3105.63. (A)(1) A petition for dissolution of
marriage shall be signed by both spouses and shall have attached
and incorporated a separation agreement agreed to by both
spouses. The separation agreement shall provide for a division
of all property; spousal support; if there are minor children of
the marriage, the allocation of parental rights and
responsibilities for the care of the minor children, the
designation of a residential parent and legal custodian of the
minor children, child support, and visitation rights; and, if the
spouses so desire, an authorization for the court to modify the
amount or terms of spousal support provided in the separation
agreement. If there are minor children of the marriage, the
spouses may address the allocation of the parental rights and
responsibilities for the care of the minor children by including
in the separation agreement a plan under which both parents will
have shared rights and responsibilities for the care of the minor
children. The spouses shall file the plan with the petition for
dissolution of marriage and shall include in the plan the
provisions described in division (G) of section 3109.04 of the
Revised Code.
(2) The division of property in the separation agreement
shall include any participant account, as defined in section
145.71 148.01 of the Revised Code, of either of the spouses,
to the
extent of the following:
(a) The moneys that have been deferred by a continuing
member or participating employee, as defined in that section, and
that have been transmitted to the Ohio public employees deferred
compensation board during the marriage and any income that is
derived from the investment of those moneys during the marriage;
(b) The moneys that have been deferred by an officer or
employee of a municipal corporation and that have been
transmitted to the governing board, administrator, depository, or
trustee of the deferred compensation program of the municipal
corporation during the marriage and any income that is derived
from the investment of those moneys during the marriage;
(c) The moneys that have been deferred by an officer or
employee of a government unit, as defined in section 145.74
148.06 of
the Revised Code, and that have been transmitted to the governing
board, as defined in that section, during the marriage and any
income that is derived from the investment of those moneys during
the marriage.
(3) The separation agreement shall not require or permit
the division or disbursement of the moneys and income described
in division (A)(2) of this section to occur in a manner that is
inconsistent with the law, rules, or plan governing the deferred
compensation program involved or prior to the time that the
spouse in whose name the participant account is maintained
commences receipt of the moneys and income credited to the
account in accordance with that law, rules, and plan.
(B) An amended separation agreement may be filed at any
time prior to or during the hearing on the petition for
dissolution of marriage. Upon receipt of a petition for
dissolution of marriage, the court may cause an investigation to
be made pursuant to the Rules of Civil Procedure.
(C) If a petition for dissolution of marriage contains an
authorization for the court to modify the amount or terms of
spousal support provided in the separation agreement, the
modification shall be in accordance with section 3105.18 of the
Revised Code.
Sec. 3307.661. On the death of a retirant or disability benefit
recipient who at the time of death is receiving, under the plan
described in sections 3307.50 to 3307.79 of the Revised
Code, a
service retirement allowance or disability benefit, the state teachers
retirement system shall make a lump-sum payment of one thousand dollars to any
designated or qualified beneficiary under division (D) of section
3307.562 of the Revised Code. If there is no beneficiary,
the
state teachers 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.
A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE INSURANCE FOR
PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY FROM CONTRIBUTIONS MADE
UNDER SECTION 3307.28 of the Revised Code ON BEHALF OF MEMBERS PARTICIPATING IN THE PLAN
DESCRIBED IN SECTIONS 3307.50 TO 3307.79 of the Revised Code, AND ANY EARNINGS ATTRIBUTABLE
TO THOSE CONTRIBUTIONS.
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 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
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.
A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE INSURANCE FOR
PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY FROM CONTRIBUTIONS MADE
UNDER SECTION 3309.49 of the Revised Code AND ANY EARNINGS ATTRIBUTABLE TO THOSE
CONTRIBUTIONS.
Sec. 3375.411. A board of library trustees of a free
public library, appointed pursuant to the provisions of sections
3375.06, 3375.08, 3375.12, 3375.15, and 3375.22 of the Revised
Code, which has not less than seventy-five full-time employees,
and which, prior to September 16, 1943, was providing for
retirement of the employees of such library with annuities,
insurance, or other provisions, under authority granted by former
section 7889 of the General Code, may provide such retirement,
insurance, or other provisions in the same manner authorized by
former section 7889 of the General Code, as follows: the library
board of such library which has appropriated and paid the board's
portion provided in such system or plan, may continue to
appropriate and pay the board's portion provided in such system
or plan out of the funds received to the credit of such board by
taxation or otherwise. Each employee of such library who is to
be included in a system of retirement shall contribute to the
retirement fund not less than four per cent per annum of his THE
EMPLOYEE'S
salary from the time of his eligibility to join the retirement
system to the time of his retirement. If a group insurance plan
is installed by any library, not less than fifty per cent of the
cost of such insurance shall be borne by the employees included
in such plan.
Provided, any employee whose employment by said library
began on or after September 16, 1943, may exempt himself SELF
from
inclusion in such retirement system, or withdraw from such
retirement system. Upon such exemption or withdrawal, such
person shall become a member of the public employees retirement
system in accordance with sections 145.02, 145.03, and 145.28 of
the Revised Code, respectively. All employees appointed for the
first time on and after January 1, 1956 shall, for retirement
purposes, be eligible only for membership in the public employees
retirement system as provided in sections 145.01 to 145.57,
inclusive, CHAPTER 145. of the Revised Code.
A library board which provides for the retirement of its
employees with annuities, insurance, or other provisions under
the authority granted by this section may, pursuant to a board
resolution adopted within thirty days after the effective date of
this section, terminate such retirement plan. Upon the effective
date of such termination, which is specified in the resolution,
each employee covered by such retirement plan shall become a
member of the public employees retirement system.
Sec. 3381.13. All employees of a regional arts and cultural district shall be
considered public employees within the meaning of section 145.01 of the
Revised Code and its employees shall be subject to sections 145.01 to
145.58 CHAPTER 145.
of the Revised Code.
Sec. 5505.30. On the death of a person who at the time of death is receiving
a
pension from the state highway patrol retirement system under division (A)(1)
or (2) of section 5505.17 or section 5505.18 of the Revised Code, a
lump-sum
payment of five thousand dollars shall be paid to the
retirant's surviving
spouse. If there is no surviving spouse, the payment shall be made to the
retirant's estate.
Application for the payment shall be made on a form provided by the state
highway patrol retirement board.
A BENEFIT PAID UNDER THIS SECTION SHALL BE TREATED AS LIFE INSURANCE FOR
PURPOSES OF THIS CHAPTER AND SHALL BE FUNDED SOLELY FROM CONTRIBUTIONS MADE
UNDER DIVISION (B) OF SECTION 5505.15 of the Revised Code AND ANY EARNINGS
ATTRIBUTABLE TO THOSE CONTRIBUTIONS.
Sec. 6121.04. The Ohio water development authority may do any or all of the
following:
(A) Adopt bylaws for the regulation of its affairs and the conduct of its
business;
(B) Adopt an official seal;
(C) Maintain a principal office and suboffices at places within the state
that it designates;
(D) Sue and plead in its own name and be sued and impleaded in its
own name
with respect to its contracts or torts of its members, employees, or agents
acting within the scope of their employment, or to enforce its obligations and
covenants made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in the court of
common pleas of the county in which the principal office of the authority is
located or in the court of common pleas of the county in which the cause of
action arose, provided that the county is located within this state, and all
summonses, exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with the person in
charge thereof or with the secretary-treasurer of the authority.
(E) Make loans and grants to governmental agencies for the acquisition or
construction of water development projects by any such governmental agency and
adopt rules and procedures for making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, furnish, equip,
maintain, repair, operate, or lease or rent to, or contract for operation by,
a governmental agency or person, water development projects, and establish
rules for the use of those projects;
(G) Make available the use or services of any water development project to
one or more persons, one or more governmental agencies, or any combination
thereof;
(H) Issue water development revenue bonds and notes and water development
revenue refunding bonds of the state, payable solely from revenues as provided
in section 6121.06 of the Revised Code, unless the bonds are refunded by
refunding bonds, for the purpose of paying any part of the cost of one or more
water development projects or parts thereof;
(I) Acquire by gift or purchase, hold, and dispose of real and personal
property in the exercise of its powers and the performance of its duties under
this chapter;
(J) Acquire, in the name of the state, by purchase or otherwise, on
terms and in the manner that it considers
proper, or by the exercise of the
right of condemnation in the manner provided by section 6121.18 of the Revised
Code, public or private lands, including public parks,
playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way, property,
rights, easements, and interests that it considers necessary
for carrying out
this chapter, but excluding the acquisition by the exercise of the right of
condemnation of any waste water facility or water management facility owned by
any person or governmental agency, and compensation shall be paid for public
or private lands so taken, except that a government-owned waste water facility
may be appropriated in accordance with section 6121.041 of the Revised Code;
(K) Adopt rules to protect augmented flow in waters of the state, to the
extent augmented by a water development project, from depletion so it will be
available for beneficial use, and to provide standards for the withdrawal from
waters of the state of the augmented flow created by a water development
project that is not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by the
authority;
(L) Make and enter into all contracts and agreements and execute all
instruments necessary or incidental to the performance of its duties and the
execution of its powers under this chapter in accordance with the following
requirements:
(1) When the cost under any such contract or agreement, other than
compensation for personal services, involves an expenditure of more than ten
thousand dollars, the authority shall make a written contract with the lowest
responsive and responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two consecutive weeks in a
newspaper of general circulation in Franklin county, and in other
publications that the authority determines, which shall state
the general
character of the work and the general character of the materials to be
furnished, the place where plans and specifications therefor may be examined,
and the time and place of receiving bids, provided that a contract or lease
for the operation of a water development project constructed and owned by the
authority or an agreement for cooperation in the acquisition or construction
of a water development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development project that
is to be leased by the authority to, and operated by, persons who are not
governmental agencies and the cost of the project is to be amortized
exclusively from rentals or other charges paid to the authority by persons who
are not governmental agencies is not subject to the foregoing requirements and
the authority may enter into such a contract or lease or such an agreement
pursuant to negotiation and upon terms and conditions and for
the period
that it finds to be reasonable and proper in the
circumstances and in the best
interests of proper operation or of efficient acquisition or construction of
the project.
(2) Each bid for a contract for the construction, demolition, alteration,
repair, or reconstruction of an improvement shall contain the full name of
every person interested in it and shall meet the requirements of section
153.54 of the Revised Code.
(3) Each bid for a contract except as provided in division (L)(2) of this
section shall contain the full name of every person or company interested in
it and shall be accompanied by a sufficient bond or certified check on a
solvent bank that if the bid is accepted, a contract will be entered into and
the performance thereof secured.
(4) The authority may reject any and all bids.
(5) A bond with good and sufficient surety, approved by the authority, shall
be required of every contractor awarded a contract except as provided in
division (L)(2) of this section, in an amount equal to at least fifty per
cent of the contract price, conditioned upon the faithful performance of the
contract.
(M) Employ managers, superintendents, and other employees and retain or
contract with consulting engineers, financial consultants, accounting experts,
architects, attorneys, and other consultants and independent contractors
that
are necessary in its judgment to carry out this chapter, and fix the
compensation thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under this
chapter, from revenues, or from funds appropriated for that purpose by the
general assembly.
(N) Receive and accept from any federal agency, subject to the approval of
the governor, grants for or in aid of the construction of any water
development project or for research and development with respect to waste
water or water management facilities, and receive and accept aid or
contributions from any source of money, property, labor, or other things of
value, to be held, used, and applied only for the purposes for which the
grants and contributions are made;
(O) Engage in research and development with respect to waste water or water
management facilities;
(P) Purchase fire and extended coverage and liability insurance for any water
development project and for the principal office and suboffices of the
authority, insurance protecting the authority and its officers and employees
against liability for damage to property or injury to or death of persons
arising from its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development revenue
bonds or in any trust agreement securing the same;
(Q) Charge, alter, and collect rentals and other charges for the use or
services of any water development project as provided in section 6121.13 of
the Revised Code;
(R) Provide coverage for its employees under sections 145.01 to 145.58
and
Chapters 145., 4123.,
and 4141. of the Revised Code;
(S) Assist in the implementation and administration of the drinking water
assistance fund and program created in section 6109.22 of the Revised Code and
the water pollution control loan fund and program created in section 6111.036
of the Revised Code, including, without limitation, performing or providing
fiscal management for the funds and investing and disbursing moneys in the
funds, and enter into all necessary and appropriate agreements with the
director of environmental protection for those purposes;
(T) Issue water development revenue bonds and notes of the state in principal
amounts that are necessary for the purpose of raising moneys for the sole
benefit of the water pollution control loan fund created in section 6111.036
of the Revised Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds and notes may
be secured by appropriate trust agreements and repaid from moneys credited to
the fund from payments of principal and interest on loans made from the fund,
as provided in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the state in principal
amounts that are necessary for the purpose of raising moneys for the sole
benefit of the drinking water assistance fund created in section 6109.22 of
the Revised Code, including moneys to meet the requirement for providing
matching moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and repaid from
moneys credited to the fund from payments of principal and interest on loans
made from the fund, as provided in division (F) of section 6109.22 of the
Revised Code.
(V) Make loans to and enter into agreements with boards of county
commissioners for the purposes of section 1507.071 of the Revised Code and
adopt rules establishing requirements and procedures for making the loans and
entering into the agreements;
(W) Do all acts necessary or proper to carry out the powers
expressly granted in this chapter.
Any instrument by which real property is acquired pursuant to this section
shall identify the agency of the state that has the use and benefit of the
real property as specified in section 5301.012 of the Revised Code.
Section 2. That existing sections 124.24, 145.01, 145.04, 145.05,
145.06, 145.07, 145.09, 145.12, 145.14, 145.19, 145.20, 145.21,
145.22, 145.23, 145.25, 145.26, 145.27, 145.29, 145.291, 145.297, 145.322,
145.325, 145.33, 145.331, 145.34, 145.36, 145.361, 145.38, 145.391,
145.41, 145.42, 145.45, 145.451, 145.452, 145.46, 145.47, 145.48, 145.491,
145.53, 145.55, 145.56, 145.563, 145.59, 145.71, 145.72, 145.73,
145.74, 145.75, 145.76, 306.45, 308.15, 742.58, 2329.66, 2907.15, 2921.41,
3105.171, 3105.63, 3307.661, 3309.50, 3375.411, 3381.13, 5505.30, and 6121.04
and
sections
145.49, 145.50, and 145.52 of the Revised Code are hereby
repealed.
Section 3. The amendments made by this act to section 145.04 of
the Revised Code do not affect the term of the retirant member
holding office on the effective date of this act.
Section 4. On and after the effective date of this act, if
necessary to ensure the integrity of the numbering of the
Administrative Code, the Director of the Legislative Service
Commission shall renumber the rules of the Ohio Deferred
Compensation Program to reflect their transfer to Chapter 148. of
the Revised Code from Chapter 145. of the Revised Code.
Section 5. Section 6121.04 of the Revised Code is presented in this act
as a composite of the section as amended by both
Sub. H.B. 19 and Am. S.B. 43 of the 123rd 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.
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