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As Reported by House Health, Retirement and Aging Committee
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. S. B. No. 189 |
SENATORS SPADA-BLESSING-JOHNSON-MUMPER-DiDONATO-McLIN-
ARMBRUSTER-DRAKE-GARDNER-HAGAN-LATELL-LATTA-NEIN-OELSLAGER-
PRENTISS-SCHAFRATH-WATTS-WHITE-HORN-
REPRESENTATIVES OLMAN-
VESPER-PATTON-OGG-DePIERO-BARNES-HOLLISTER-WILLAMOWSKI-SMITH-
J. BEATTY
A BILL
To amend sections 5505.12, 5505.15, 5505.16, 5505.17, 5505.171, 5505.176,
5505.18,
and 5505.30 and to enact sections 5505.163 and 5505.29 of the
Revised Code to reduce the member contribution rate under the
State Highway Patrol Retirement System (SHPRS), increase pensions and the
lump-sum death benefit provided by the system, provide for refunds
of purchased service credit that does not increase a pension, allow a person
who retired prior to September 21, 1994, to choose a
joint and survivor annuity, and require SHPRS to submit to the Ohio Retirement
Study Council and legislative committees the system's annual actuarial
valuation not later than the first day of July following the year for which
the valuation was made.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5505.12, 5505.15, 5505.16, 5505.17, 5505.171,
5505.176,
5505.18, and 5505.30 be amended and sections 5505.163 and 5505.29
of the Revised Code be enacted to read as follows:
Sec. 5505.12. (A) The state highway patrol 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
state highway patrol retirement system as established pursuant to 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 JULY following the year for which the
valuation was made.
(B) At such times as the state highway patrol
retirement board determines, and at least once in each five-year
period after January 1, 1966, 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, and beneficiaries
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 rates of contributions provided by
section 5505.15 of the Revised Code.
(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
section 5505.28 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 (C) of section
5505.28 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. 5505.12. (A) The state highway patrol 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
state highway patrol retirement system as established pursuant to 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 JULY following the year for which the
valuation was made.
(B) At such times as the state highway patrol
retirement board determines, and at least once in each five-year
period after January 1, 1966, 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, and beneficiaries
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 rates of contributions provided by
section 5505.15 of the Revised Code.
(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
section 5505.28 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 (C) of section
5505.28 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. 5505.15. (A)(1) A member of the state highway patrol
retirement system shall contribute ten NINE AND ONE-HALF per
cent of
the member's annual salary to the state highway patrol
retirement fund.
The amount shall be deducted by the employer from the employee's
salary for each payroll period.
(2) The total contributions arising from deductions made
prior to January 1, 1966, from the salaries of members in the
employ of the state highway patrol and standing to the credit of
their individual accounts in the retirement fund shall be
transferred and credited to their respective individual accounts
in the employees' savings fund.
(B) The state shall annually pay into the employer
accumulation fund, in monthly or less frequent installments as
the state highway patrol retirement board requires, an amount
that shall be a certain percentage of the total salaries
paid
contributing members and shall be known as the "employer
contribution." If a member severs connection with the patrol
or is dismissed, the employer contribution shall remain in the
retirement system.
The rate percentage of the employer contribution shall be
certified by the board to the director of budget and management
and shall not be lower than nine per cent of the total salaries
paid contributing members and shall not exceed three times the
rate percentage being deducted from the annual salaries of
contributing members. The board shall prepare and submit to the
director, on or before the first day of November of each
even-numbered year, an estimate of the amounts necessary to pay
the state's obligations accruing during the biennium beginning
the first day of July of the following year. Such amounts shall
be included in the budget and allocated as certified by the
board.
Sec. 5505.16. (A) A member of the state highway patrol
retirement system who has been in the service of the state
highway patrol for a period of twenty-five years as an employee
according to the rules adopted by the state highway patrol
retirement board may make application for a pension which, if the
member is under age forty-eight, shall be deferred until the member age
forty-eight.
(B) A member of the retirement system who has been in the
service of the highway patrol for a period of twenty years as an
employee according to the rules adopted by the retirement board,
may make application for a pension that, if the member is under age
fifty-two, shall be deferred until the member age fifty-two,
except that any such member who has attained twenty years of
service may, on or after the member attaining age
forty-eight but
before the member attaining age fifty-two, elect to
receive a
reduced pension of the greater of eight NINE hundred
fifty dollars or an amount
computed as follows:
Attained Age | Reduced Pension |
48 | 75% of normal service pension |
49 | 80% of normal service pension |
50 | 86% of normal service pension |
51 | 93% of normal service pension |
In the case of a member who elects to receive a reduced
pension on or after the member attaining age forty-eight
but before the member attaining age forty-nine, the
reduced pension is payable from the later of the date the member the
member attains age forty-eight
or the date the member becomes eligible to
receive the
reduced pension. In the case of a member who
elects to receive a reduced pension on or after the member attaining
age
forty-nine but before the member attaining age
fifty, the reduced pension is payable from the later of the date
the member the member attains age forty-nine or the date the member
becomes
eligible to receive the reduced pension. In
the case of a member who elects to receive a reduced pension on
or after the member attaining age fifty but before
the member attaining age fifty-one, the reduced
pension is
payable from the later of the date the member the member attains
age fifty
or the
date the member becomes eligible to receive the reduced pension. In the case
of a member who elects to
receive a reduced pension on or after the member attaining age
fifty-one but before the member attaining age fifty-two, the reduced
pension is payable from the later of the date the member OF the
member
attains age fifty-one MEMBER'S MOST RECENT BIRTHDAY or the date the
member becomes
eligible to receive the reduced pension.
A member who has elected to receive a reduced pension in
accordance with the schedule provided in this division and has
received a payment in connection therewith the member may
not change the election.
(C) Any member who attains the age of fifty-five years and
has been in the service of the patrol for a period of twenty
years as a uniformed patrol officer according to the rules
adopted by the board, shall file application for retirement with
the board, and if the member refuses or neglects to do so, the board may
deem the member's application to have been filed on the member's fifty-fifth
birthday. The member may, upon written application approved by
the superintendent of the state highway patrol, be continued in
service after attaining the age of fifty-five years, but only
until the member has accumulated twenty years of service.
(D)(1) As used in this division:
(a) "Service in the uniformed services" means the performance of
duty on a voluntary or involuntary basis in a uniformed service under
competent authority and includes active duty, active duty for training,
initial active duty for training, inactive duty training, full-time national
guard duty, and a period for which a person is absent from a position of
employment for the purpose of an examination to determine the fitness of the
person to perform any such duty.
(b) "Uniformed services" of the United States includes both:
(i) Army, navy, air force, marine corps, coast guard,
or any reserve components of these services; auxiliary corps as
established by congress; army nurse corps;
navy nurse corps; service as red cross nurse with the army, navy,
air force, or hospital service of the United States, or serving
full-time with the American red cross in a combat zone; and such other service
as is designated by the congress as included
therein;
(ii) Personnel of the Ohio national guard, the Ohio
military reserve, the Ohio naval militia, and the reserve
components of the armed forces enumerated in division
(D)(1) of
this section who are called to active duty pursuant to an
executive order issued by the president of the United States or
an act of congress.
(2) A member's total service credit may include periods
not to exceed a total of seven years, while the member's
employment with
the state highway patrol is or was interrupted due to service
the member in the
uniformed services of the United States. Such
military service shall be credited to the member towards
total service as provided by this chapter and to the extent approved by the
board, provided that:
(a) The member is or was honorably discharged from service in the
uniformed services;
(b) The member is or was reemployed RE-EMPLOYED by the state
highway patrol
within ninety days immediately following termination of service in the
uniformed services;
(c) The member, subject to board rules, pays into the
retirement system to the member's credit in
the employees' savings fund an amount equal to the total
contributions the member would have paid had state highway patrol
employment not been so interrupted. Such the member's payment may be
made at any time prior to receipt of a pension.
(3) the member If the member meets the requirements of division
(D)(2) of this section, on
receipt of contributions from the member, the state highway
patrol shall be billed for the employer contribution that would
have been paid pursuant to section 5505.15 of the Revised
Code if the member had not
rendered service in the uniformed services, subject to board
rules.
(4) If under division (D)(2)(c) of this section a
member pays all or any portion of the contributions later than the lesser of
five years or a period that is three times the member's period
of service in the uniformed services beginning from the later of
the member's date of re-employment or the effective date of this
amendment OCTOBER 29, 1996, an amount equal to
compound interest at a rate
established by the board from the later of the member's date of
re-employment or the effective date of this amendment
OCTOBER 29, 1996, to the date
of payment shall be added to the remaining amount to be paid by
the member to purchase service credit under this section.
(5) Credit purchased by a member under division (D)(2) of
this section shall
be used to determine the member's eligibility for retirement under this
section and section 5505.17 of the Revised Code.
Sec. 5505.163. (A) A RETIRANT WHO
RETIRED PRIOR TO SEPTEMBER 21,
1994, UNDER SECTION 5505.16 OF THE REVISED CODE MAY ELECT TO
RECEIVE THE ACTUARIAL EQUIVALENT OF THE RETIRANT'S PENSION IN A LESSER AMOUNT
PAYABLE FOR THE REMAINDER OF THE RETIRANT'S LIFE AND
CONTINUING AFTER DEATH TO THE RETIRANT'S SURVIVING DESIGNATED
BENEFICIARY UNDER ONE OF THE OPTIONAL PLANS DESCRIBED IN
DIVISION (A)(1), (2), OR (3) OF SECTION 5505.162 OF THE
REVISED
CODE, PROVIDED THE ANNUAL AMOUNT PAYABLE TO THE DESIGNATED
BENEFICIARY SHALL NOT EXCEED THE ANNUAL AMOUNT PAYABLE TO THE RETIRANT,
THE AMOUNT IS CERTIFIED BY THE ACTUARY EMPLOYED BY THE STATE
HIGHWAY PATROL RETIREMENT SYSTEM TO BE THE ACTUARIAL EQUIVALENT OF
THE RETIRANT'S PENSION, AND THE STATE HIGHWAY PATROL RETIREMENT
BOARD APPROVES THE AMOUNT.
(B) A RETIRANT INTERESTED IN MAKING THE ELECTION AUTHORIZED BY
DIVISION (A) OF THIS SECTION SHALL FILE A NOTICE OF INTEREST WITH
THE BOARD NOT LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
THE BOARD SHALL
ADVISE THE RETIRANT WITH RESPECT TO THE CHOICES AVAILABLE UNDER THE OPTIONAL
PLANS AND HAVE A
DETERMINATION MADE OF THE MONTHLY PENSION PAYABLE UNDER THE
OPTIONAL PLAN ELECTED BY THE MEMBER FOR INCLUSION IN THE STATEMENT
TO BE FILED UNDER DIVISION (C) OF THIS SECTION.
(C) TO MAKE THE ELECTION
AUTHORIZED BY DIVISION (A) OF THIS SECTION, A RETIRANT SHALL FILE A
STATEMENT, ON A FORM PROVIDED BY THE BOARD, INDICATING THAT THE RETIRANT
ELECTS TO
PARTICIPATE IN THE
OPTIONAL PLAN SPECIFIED IN THE STATEMENT. THE FORM MUST BE FILED WITH THE
BOARD NOT LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION.
(D) A NOTICE OR STATEMENT MAILED TO THE BOARD SHALL BE
CONSIDERED TO HAVE BEEN FILED ON ITS POSTMARK DATE.
(E) ANY OPTION ELECTED AND PAYMENTS MADE UNDER THIS SECTION SHALL
BE IN ADDITION TO ANY PENSION PAYABLE TO THE RETIRANT'S SURVIVING SPOUSE,
CHILDREN, OR PARENTS UNDER SECTION 5505.17 OF THE REVISED
CODE.
Sec. 5505.17. (A)(1) Upon retirement as provided in
section 5505.16 of the Revised Code, a member of the state
highway patrol retirement system shall receive a life pension,
without guaranty or refund, equal to THE GREATER OF ONE THOUSAND FIFTY
DOLLARS OR the sum of two and one-half
per cent of the member's final average salary multiplied by the
first twenty years of total service credit, plus two AND ONE-QUARTER
per cent of
the member's final average salary multiplied by the number of years, and
fraction of
a year, of total service credit in excess of twenty
years BUT NOT IN EXCESS OF TWENTY-FIVE YEARS, PLUS TWO PER CENT OF THE
MEMBER'S FINAL AVERAGE SALARY MULTIPLIED BY THE NUMBER OF YEARS, AND FRACTION
OF A YEAR, IN EXCESS OF TWENTY-FIVE YEARS; provided that in no case shall
the pension exceed the
lesser of seventy-eight SEVENTY-NINE AND ONE-QUARTER 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 with fifteen or more years of total service
credit, who voluntarily resigns or who is discharged from the
state highway patrol for any reason except retirement under
this chapter, death, dishonesty, cowardice, intemperate habits,
or conviction of a felony, shall receive a pension equal to one
and one-half per cent of the member's final average salary
multiplied by
the number of years, and fraction of a year, of total service
credit, except that the pension 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 pension
shall commence at the end of the calendar month in which the
application is filed with the retirement board on or after the
attainment of age fifty-five years by the applicant. A member who withdraws
any part or all of the accumulated
contributions from the employees' savings fund shall
thereupon forfeit all rights to a pension provided for in
this division.
(3)(a) A surviving spouse of a deceased member shall
receive a monthly pension, determined as follows, during the
spouse's life:
(i) If at the time of death the member was not
eligible to be granted a pension payable under this section or to
elect to receive a reduced pension payable under section 5505.16
of the Revised Code, eight NINE hundred fifty dollars;
(ii) If at the time of death the member was eligible
to be granted a pension payable under this section or to elect to
receive a reduced pension payable under section 5505.16 of the
Revised Code, the greater of eight NINE hundred fifty
dollars or fifty
per
cent of the computed monthly pension the member would have
received had the member been granted a pension under this section or
elected to receive a reduced pension under section 5505.16 of the
Revised Code.
(b) The surviving spouse of a retirant shall receive a
monthly pension, determined as follows, during the spouse's life:
(i) If the retirant had applied for a pension payable
under section 5505.16 of the Revised Code, but at the time of
death had not attained the age of eligibility for the pension,
eight NINE hundred fifty dollars;
(ii) If the retirant had applied for a pension payable
under section 5505.16 of the Revised Code and had attained the
age of eligibility for the pension, but at the time of death
had not elected to begin receiving the pension, the greater of
eight NINE hundred fifty dollars or fifty per cent of the
computed
monthly
pension the retirant was eligible to receive under section
5505.16 of the Revised Code;
(iii) If the retirant was receiving a pension under this
section or section 5505.16 or 5505.18 of the Revised Code, or,
regardless of whether or not the retirant had actually received any
payment, if the retirant was eligible to receive a pension under
this section or section 5505.16 or 5505.18 of the Revised Code
and had elected to begin receiving it, the greater of eight NINE
hundred
fifty dollars or fifty per cent of the computed monthly pension awarded
the retirant.
(c) If a monthly pension to a surviving spouse was
terminated due to a remarriage, the surviving
spouse is eligible to
receive a monthly pension under division
(A)(3) of this section
effective the first day of the first month following June 5,
1996.
The pension shall be computed
under division (A)(3) of this
section as of June
5, 1996. The pension
payable to a person who is the surviving spouse of more than one
state highway patrol retirement system member or retirant
shall be computed on the basis of the service of the member or retirant to
whom the surviving spouse was most recently married.
(4) A pension of one hundred fifty dollars per month shall be
paid by the system to or for the benefit of each child of a
deceased member or retirant until the child attains the age of
eighteen years or marries, whichever event occurs first, or until
the child attains twenty-three years of age if the child is a
student in
and attending an institution of learning or training pursuant to
a program designed to complete in each school year the equivalent
of at least two-thirds of the full-time curriculum requirements
of the institution, as determined by the retirement board. If
any surviving child, regardless of age at the time of the
member's or retirant's death, because of physical or mental
disability, was totally dependent upon the deceased member or
retirant for support at the time of death, a pension of one
hundred fifty dollars per month shall be paid by the system to or for
the benefit of the child during the child's natural life or until
the child recovers from the disability.
(5)(a) If a retirant died prior to June 6, 1988, and the
surviving spouse was not married to the retirant while
the retirant was in the active service of the patrol, the surviving
spouse
shall receive a pension of the greater of four hundred
twenty-five dollars per month or fifty per cent of the computed
monthly pension the retirant was receiving.
(b) If the pension payable to a person receiving a pension
under division (A)(5)(a) of this section on November 2, 1989, THE
EFFECTIVE DATE OF THIS AMENDMENT is
less than six NINE hundred dollars per month, the pension shall
be
increased to six NINE hundred dollars per month.
(c) If the pension payable to a person receiving a
pension under division
(A)(5)(a)
of this section on
June 5, 1996, is less
than eight hundred fifty dollars per month, the pension shall be
increased to eight hundred fifty dollars per month.
(6)(a) If a surviving spouse, child, or children of a
deceased member or retirant has been granted benefits prior to
November 18, 1981, such benefits shall be adjusted to comply
thereafter with the benefit provision of this section, except
that the adjusted benefits under division (A)(3) of this section
shall not exceed four hundred twenty-five dollars per month.
(b) If the pension payable to the surviving spouse of a
deceased member or retirant under division (A)(3) of this section
is less than six hundred dollars per month, the pension shall be
increased to six hundred dollars per month.
(c) If the pension payable to the surviving spouse
of a deceased member or retirant under division
(A)(3) of this section on June 5, 1996, THE EFFECTIVE DATE OF THIS
AMENDMENT is less than
eight NINE
hundred fifty dollars per
month, the pension shall be increased to eight NINE hundred
fifty
dollars per month.
(d)(b) The pension payable to a child
of a deceased member or retirant who is receiving a pension under division
(A)(4) of this section on June 5, 1996,
shall be increased to one hundred
fifty dollars per month.
(7) If a deceased member or retirant leaves no spouse or
surviving children, but leaves two parents depending solely upon
the deceased member or retirant for support, each parent
shall be paid a monthly pension of
one hundred fifty-four dollars. If in such case there is only
one parent dependent solely upon the deceased member or
retirant for support, such parent
shall be paid a monthly pension of one hundred fifty-four
dollars. Such pension shall be paid during the life of the
surviving parents, or until dependency ceases, or until
remarriage, whichever event occurs first.
(8) Any amount remaining as accumulated contributions at the time of death
of a
member or retirant who leaves no surviving spouse or dependent children or
parents shall be paid to the estate of the member or retirant.
(9) The increases provided for by divisions (A)(5)(b) and
(c) and
(A)(6)(b) and (c)(a) of this section shall be included in the
calculation of
the additional benefit paid under section 5505.174 of the Revised
Code.
(B) The board shall adopt, and may amend or rescind, the
necessary rules for the administration of this section and all
decisions of the board shall be final. Any payment of a pension
or benefit under this section is subject to the provisions of
section 5505.26 of the Revised Code.
(C) A member's total service credit may include periods
during which the member's employment with the state highway patrol
is
interrupted by a leave of absence, when requested by the
governor, to accept employment with another agency of the state,
provided that:
(1) The member is reemployed by the state highway patrol within
thirty days following termination of such other employment;
(2) The member pays into the retirement system, to the credit of
the employees' savings fund, an amount equal to the total
contributions the member would have paid had the state
highway patrol
employment not been so interrupted. Such repayment shall begin
within ninety days after the member's return to duty with the state
highway patrol and be completed within a period equal to that of
the leave of absence.
(D) Service credits granted under division (C) of this
section shall not include any duplications of credits for which a
pension is payable by the public employees retirement system.
Sec. 5505.171. (A) All persons who retired and were
eligible to receive a pension that was payable prior to July 1,
1968, pursuant to division (A)(1) of section 5505.17 or division
(B)(1) of section 5505.18 of the Revised Code, shall receive an
additional monthly payment of two dollars for each year between
the member's effective date of retirement or disability and
December 31, 1971, or an additional fifty dollars, whichever is
less.
On or before the first day of August in 1981 and on or
before the first day of August in each year thereafter, the state
highway patrol retirement board shall certify to the treasurer of
state the amount required to be paid in the preceding fiscal year
under this division. Upon receipt of such certification, the
treasurer of state shall pay to the state highway patrol
retirement system the amount certified.
(B) All persons who retired and were eligible to receive a
pension that was payable prior to July 1, 1981, pursuant to
division (A)(1) of section 5505.17 or division (B)(1) of section
5505.18 of the Revised Code shall have that pension recalculated
by the board so that each such person receives a monthly pension
of not less than four hundred twenty-five dollars.
(C) Each person who retired and was eligible to receive a
pension that was payable prior to November 2, 1989, pursuant to division
(A)(1) of section 5505.17 or
division (B)(1) of section 5505.18 of the Revised Code shall have
the pension recalculated by the board so that the person receives
a monthly pension of not less than six hundred dollars. Any
pension increase resulting from a recalculation made under this
division shall be included in the calculation of the additional
benefit paid under section 5505.174 of the Revised Code.
(D) Each person who retired and was eligible to receive a pension,
other than
a reduced pension, that was payable prior to September 21,
1994, THE EFFECTIVE DATE OF THIS AMENDMENT pursuant to division (A)
or (B) of section 5505.16 or division (B) of section 5505.18 of the Revised
Code shall have the pension recalculated by the board so that the person
receives a monthly pension of not less than one thousand FIFTY dollars.
Any pension
increase resulting from a recalculation made under this division shall be
included in the calculation of the additional benefit paid under section
5505.174 of the Revised Code.
(E)(C) The pension of each person who is receiving a pension
pursuant to division (B) of section 5505.16 of the
Revised
Code on the effective date of
this amendment of less than eight NINE hundred fifty
dollars per month shall be
increased to eight NINE hundred fifty dollars per month.
Any increase under this
division shall be included
in the calculation of the additional benefit paid under section
5505.174 of the Revised
Code.
Sec. 5505.176. (A) The state highway patrol retirement system
shall increase the pension payable to each person receiving a
pension granted prior to the effective date of this section
SEPTEMBER 16, 1998, that
was calculated under division (A)(1) of section 5505.17 of the Revised Code on
the basis of total service credit of more
than twenty-five years.
The increase shall be an amount determined by multiplying the pension payable
to the member on the effective date of this section
SEPTEMBER 16, 1998, by the product obtained by
multiplying by one-half of one per cent the member's years and fraction of a
year of service in excess of twenty-five years, except that
the increased pension 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 increased pension shall
be effective on the first day of the first month following the
effective date of this section OCTOBER 1, 1998,
and shall be used in determining
the amount of the additional benefit paid under section 5505.174
of the Revised Code.
(B) THE STATE HIGHWAY PATROL RETIREMENT SYSTEM SHALL INCREASE THE
PENSION PAYABLE TO EACH PERSON RECEIVING A PENSION GRANTED PRIOR TO THE
EFFECTIVE DATE OF THIS
AMENDMENT THAT WAS CALCULATED UNDER DIVISION (A)(1) OF SECTION
5505.17 OF THE REVISED CODE ON THE BASIS OF TOTAL SERVICE
CREDIT
OF MORE THAN TWENTY YEARS. THE INCREASE SHALL BE AN AMOUNT DETERMINED BY
MULTIPLYING THE PENSION PAYABLE TO THE MEMBER ON THE
EFFECTIVE DATE OF THIS AMENDMENT BY THE PRODUCT OBTAINED BY
MULTIPLYING BY ONE-QUARTER OF ONE PER CENT THE MEMBER'S YEARS AND
FRACTION OF A YEAR OF SERVICE IN EXCESS OF TWENTY YEARS BUT NOT IN
EXCESS OF TWENTY-FIVE YEARS, EXCEPT THAT THE INCREASED PENSION
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 INCREASED PENSION SHALL BE EFFECTIVE ON THE
FIRST DAY OF THE FIRST MONTH FOLLOWING THE EFFECTIVE DATE OF THIS
AMENDMENT AND SHALL BE USED IN DETERMINING THE AMOUNT OF THE
ADDITIONAL BENEFIT PAID UNDER SECTION 5505.174 OF THE REVISED
CODE.
Sec. 5505.18. As used in this section, "member"
does not include state highway patrol cadets attending training
schools pursuant to section 5503.05 of the Revised Code.
(A) Upon the application of a member of the state highway
patrol retirement system, a person acting on behalf of a member,
or the superintendent of the state
highway patrol on behalf of a member, a member who becomes
totally and permanently incapacitated for duty in the employ of
the state highway patrol may be retired by the board.
The medical examination of a member who
has applied for disability retirement shall be conducted by a
competent physician or physicians appointed by the board. The
physician or physicians shall file a written report with the
board containing the following information:
(1) Whether the member is totally incapacitated for duty
in the employ of the patrol;
(2) Whether the incapacity is expected to be permanent;
(3) The cause of the member's incapacity.
The board shall determine whether the member qualifies for
disability retirement and its decision shall be final. The board
shall consider the written medical report, opinions, statements,
and other competent evidence in making its determination. If the
incapacity is a result of heart disease or any cardiovascular
disease of a chronic nature, which disease or any evidence of
which was not revealed by the physical examination passed by the
member on entry into the patrol, the member is presumed to have
incurred the disease in the line of duty as a member of the
patrol, unless the contrary is shown by competent evidence.
(B)(1) A member whose retirement on account of disability
incurred in the line of duty shall receive the applicable pension
provided for in section 5505.17 of the Revised Code, except that
if the member has less than twenty-five years of contributing
service, the member's service credit shall be deemed to be
twenty-five
years for the purpose of this provision. In no case shall the
member's
disability pension be less than sixty SIXTY-ONE AND ONE-QUARTER
per cent or exceed the
lesser of seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent of
the member's
final average salary or the limit established by section 415 of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as
amended.
(2) A member whose retirement on account of disability
incurred not in the line of duty shall receive the applicable
pension provided for in section 5505.17 of the Revised Code,
except that if the member has less than twenty years of
contributing service, the member's service credit shall be
deemed to be
twenty years for the purpose of this provision. In no case shall
the member's disability pension exceed the lesser of
seventy-eight SEVENTY-NINE AND ONE-QUARTER per cent
of the member's final average salary or the limit
established by section
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A. 415, as amended.
(C) The state highway patrol retirement board shall adopt rules requiring
a disability pension recipient, as a condition of continuing to receive
a disability pension, to agree in writing to obtain any medical
treatment recommended by the board's physician and submit medical reports
regarding the treatment. If the board determines that a disability pension
recipient is not obtaining the medical treatment or the board does not receive
a required medical report, the
disability pension shall
be suspended until the
treatment is
obtained, the report is received
by the board, or the board's physician certifies that the
treatment is no longer helpful or advisable. Should
the recipient's failure to obtain treatment or submit a medical report
continue for one
year, the recipient's right to the disability benefit shall be
terminated as of the effective date of the original suspension.
(D) A member placed on a disability pension who has not
attained the age of fifty-five years shall be subject to
an annual medical re-examination by physicians appointed by the board, except
that the board may
waive the medical re-examination if the board's physicians
certify that the member's disability is ongoing.
If any member placed on a disability pension refuses to submit to a
medical re-examination, the member's disability pension shall be
suspended
until the member withdraws the refusal. If the refusal continues for one
year, all the member's rights under and to the disability pension shall be
terminated as of the effective date of the original
suspension.
(E) Each recipient of a disability pension
who has not attained the age of fifty-five years shall file
with the board an annual statement of earnings,
current medical information on the recipient's
condition, and any other information required in rules adopted by the board.
The board may waive the requirement that a disability benefit recipient file
an annual statement of earnings or current medical information
if the board's physician certifies that the recipient's disability is
ongoing.
The board shall annually
examine the information submitted by the recipient. If a recipient refuses to
file the statement or information, the
disability pension shall be suspended until the statement and information are
filed. If the refusal continues for one year, the right to the pension shall
be terminated as of the effective date of the original suspension.
(F)(1) Except as provided in division (F)(2) of this
section, a retirant who has been on
disability pension, and who has been physically examined and
found no longer incapable of performing the retirant's
duties, shall be
restored to the
rank the retirant held at the time the
retirant was pensioned and all previous
rights shall be restored, including the retirant's civil
service status, and
the disability pension shall terminate. Upon
return to employment in the patrol, the retirant shall again
become a
contributing member of the retirement system, the
total service
at the time of the retirant's retirement shall be restored
to the retirant's credit,
and the retirant shall be given service credit for the period
the retirant was in
receipt of a disability pension. The provisions of division
(F)(1) of this section
shall be retroactive to September 5, 1941.
(2) The
state highway patrol is not required to take action under
division (F)(1) of this section
if the retirant was dismissed or resigned in lieu of dismissal
for dishonesty, misfeasance, malfeasance, or conviction of a
felony.
(G) The board may adopt rules to carry out this section.
Sec. 5505.29. THE STATE HIGHWAY PATROL RETIREMENT BOARD SHALL
REFUND THE COST OF SERVICE CREDIT RESTORED UNDER SECTION 5505.20 OR
PURCHASED UNDER DIVISION (D) OF SECTION 5505.16, DIVISION
(C) OF
SECTION 5505.17, OR SECTION 5505.201, 5505.202, OR 5505.25 OF THE
REVISED CODE TO THE EXTENT THE CREDIT DOES NOT, OR, IN THE
CASE OF A PERSON WHO RETIRED OR DIED PRIOR TO THE EFFECTIVE
DATE OF THIS SECTION, DID NOT, INCREASE THE PENSION PROVIDED TO
THE RETIRANT OR SURVIVING SPOUSE UNDER SECTION 5505.16, 5505.162,
5505.17, OR 5505.18 OF THE REVISED CODE. THE BOARD SHALL
PROVIDE
THE REFUND TO THE RETIRANT OR SURVIVING SPOUSE. THE REFUND CANCELS AN
EQUIVALENT AMOUNT OF SERVICE CREDIT.
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 one 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.
Section 2. That existing sections 5505.12, 5505.15, 5505.16, 5505.17,
5505.171, 5505.176, 5505.18, and 5505.30 of the Revised Code are hereby
repealed.
Section 3. Section 5505.16 of the Revised Code is presented in this act as a
composite of the section as amended by both Am. Sub. H.B. 308 and Am. Sub.
H.B. 450 of the 121st General Assembly, with the new language of neither of
the acts shown in capital letters. This is in recognition of the principle
stated in division (B) of section 1.52 of the Revised Code that such
amendments are to be harmonized where not substantively irreconcilable and
constitutes a legislative finding that such is the resulting version in effect
prior to the effective date of this act.
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