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Sub. H. B. No. 157As Passed by the Senate
As Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Schuring, Hollister, Ogg, Barrett, D. Miller, Schneider, Boccieri, Key, DeWine, Lendrum, Hagan, Carmichael, Calvert, Fessler, Grendell, Schmidt, Coates, Hughes, Salerno, Manning, Seitz, Jolivette, Setzer, Driehaus, Ford, Distel, Carey, Metzger, Kilbane, Patton, Core, Rhine, G. Smith, Britton, Sulzer, Jones, Redfern, Collier, Aslanides, Young, Olman, Reidelbach, Clancy, Niehaus, Fedor, Strahorn, Peterson, Widowfield, Roman, Oakar, Allen, Latta, S. Smith
SENATORS Blessing, Mead, DiDonato, Fingerhut, McLin, Spada, Austria, Carnes, Coughlin, Espy, Furney, Randy Gardner, Robert Gardner, Hagan, Harris, Herington, Mallory, Mumper, Oelslager, Prentiss, Ryan, Shoemaker
A BILL
To amend sections 145.297, 145.323, 742.37, 742.3711,
742.3716,
742.3717, 742.3718,
742.63, 3307.67,
3309.374,
and 5505.174 and to repeal section
742.3720 of the Revised Code to
provide that
the
annual cost of living increase
paid to retired
members and beneficiaries
of
Ohio's state
retirement systems will be three per
cent, and to
provide
pension and death benefits to certain
surviving spouses of former
members of local police
or firemen's pension funds established
under former
Chapter 741. of the Revised Code.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.297, 145.323, 742.37, 742.3711,
742.3716, 742.3717,
742.3718, 742.63, 3307.67, 3309.374, and
5505.174 of the Revised Code
be amended to read as follows:
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,
department of a township designated by the
board of township trustees, 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 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 the employee's employing unit
if the employee meets
the
following criteria: (1) The employee is not any of the following: (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 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 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
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 the employee
receives
written
notice that 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 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 the
member
is credited with service
purchased under this section. If the
employee does not retire
within ninety days after receiving
notice that 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. 145.323. (A)
Beginning April 1, 1971, and each year
thereafter, the
board of the
The public employees retirement
system shall
determine
the average percentage change in the
consumer price index
prepared by the United States bureau of labor
statistics (U.S.
City Average for Urban Wage Earners and Clerical
Workers:
"All
Items 1982-84=100") for the twelve-calendar-month
period
prior to
the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a determination by the board in any year that the
change
in the consumer price index is an increase or that the change plus
the
accumulation
described in division (B) of this section is an
increase, the board
shall
annually increase each allowance,
pension, or benefit payable
under this chapter
by
a percentage
equal to the percentage increase
in the consumer price index or to
that increase plus the accumulation, except
that the increase
shall not exceed three per cent
and,
except that no allowance,
pension, or benefit
shall
exceed the limit
established by section
415 of the
"Internal Revenue Code of
1986," 100 Stat. 2085, 26
U.S.C.A. 415, as amended.
The first increase is payable to all persons becoming
eligible after June 30, 1971, upon such persons receiving an
allowance for twelve months. The increased amount is payable for
the ensuing twelve-month period or until the next increase is
granted under this section, whichever is later. Subsequent
increases shall be determined from the date of the first increase
paid to the former member in the case of an allowance being paid
a
beneficiary under an option, or from the date of the first
increase to the survivor first receiving an allowance or benefit
in the case of an allowance or benefit being paid to the
subsequent survivors of the former member. The date of the first increase under this section
becomes the
anniversary date for any future increases. The allowance or benefit used in the first calculation of
an
increase under this section shall remain as the base for all
future increases, unless a new base is established. (B)
Any percentage of change in the consumer price index in
any
year that is in excess of three per cent shall be accumulated
and used to
determine increases under this section in subsequent
years. Any percentage of
change in the consumer price index
accumulated by an
eligible person prior to the effective date of
this amendment
shall be used in
determining any future increases
under this section. (C) The board shall make all rules necessary to carry out
this
section.
Sec. 742.37. The board of trustees of the Ohio police and
fire pension fund shall
adopt rules for the
management of the fund
and for the disbursement of benefits and
pensions as set forth in
this
section and section 742.39 of the Revised Code. Any
payment
of a benefit
or pension under this section is subject to the
provisions of
section 742.461 of the Revised Code.
Notwithstanding
any other
provision of this section, no pension or
benefit paid or
determined under division (B) or (C) of this
section or section
742.39
of the Revised Code shall exceed
the
limit established by
section 415 of the
"Internal Revenue
Code of
1986," 100 Stat.
2085, 26 U.S.C.A. 415, as amended. (A) Persons who were receiving benefit or pension payments
from a police relief and pension fund established under former
section 741.32 of the Revised Code, or from a firemen's relief and
pension
fund established under former
section 521.02 or
741.02 of
the Revised Code, at the time the assets of the
fund
were
transferred to the Ohio police and fire pension fund, known
at
that time as the police and firemen's disability and
pension fund,
shall receive benefit and pension payments from the
Ohio police
and
fire pension fund in
the same
amount and subject to the same
conditions as such payments
were
being made from the former fund
on the date of
the transfer. (B) A member of the fund who, pursuant to law, elected to
receive benefits and pensions from a police relief and pension
fund established under former section 741.32 of the Revised
Code,
or from a firemen's relief and
pension fund established
under
former section 741.02 of the Revised Code, in accordance
with the
rules of the fund governing the granting of
benefits or
pensions
therefrom in force on April 1, 1947, shall receive
benefits and
pensions from the Ohio police and fire
pension
fund in accordance
with such rules; provided, that
any member of the fund who is not
receiving a benefit or pension
from the fund on August 12, 1975,
may, upon application for a
benefit or pension to be received on
or after August 12, 1975,
elect to receive a benefit or pension in
accordance with division
(C) of this section. (C) Members of the fund who have not elected to receive
benefits and pensions from a police relief and pension fund or a
firemen's relief and pension fund in
accordance with the rules of
the fund in force on April 1, 1947, shall receive pensions
and
benefits in accordance with the following provisions: (1) A member of the fund who has completed twenty-five
years
of active service in a police or fire department and has
attained
forty-eight years of age may, at the member's
election, retire
from the police or fire department, and upon notifying the board
in writing of the election, shall receive an annual
pension,
payable in twelve monthly installments, in an amount equal to a
percentage of the member's average annual salary. The
percentage
shall
be the sum of two and one-half per cent for each of the
first
twenty years the member was in the active service of the
department,
plus two per cent for each of the twenty-first to
twenty-fifth
years the member was in the active service of the
department, plus one
and one-half per cent for each year in excess
of twenty-five
years the member was in the active service of the
department. The annual pension shall not exceed seventy-two per
cent of the
member's average annual salary. A member who completed twenty-five years of active
service,
has resigned or been discharged, and
has left the
sum deducted
from the member's salary on deposit in the pension fund
shall,
upon attaining
forty-eight years of age, be
entitled to receive a
normal service pension benefit computed and
paid under division
(C)(1) of this section. (2) A member of the fund who has served fifteen or more
years as an active member of a police or fire department and who
voluntarily resigns or is discharged from the department
for any
reason other than dishonesty, cowardice, intemperate habits, or
conviction of a felony, shall receive an annual pension, payable
in twelve monthly installments, in an amount equal to one and
one-half per cent of the member's average annual salary
multiplied
by the
number of full years the member was in the active service
of
the department. The pension payments shall not commence
until
the
member has attained the age of forty-eight years and until
twenty-five years have elapsed from the date on which the
member
became a
full-time regular police officer or
firefighter in the
department. (3) A member of the fund who has completed fifteen or more
years of active service in a police or fire department and who
has
attained sixty-two years of age, may retire from the
department
and, upon notifying the board in writing of the
election to
retire, shall receive an annual pension, payable in
twelve monthly
installments, in an amount equal to a percentage
of the member's
average annual salary. The percentage
shall be the sum of two and
one-half per cent for each of the first twenty
years
the member
was in the active service of the department,
plus
two per cent for
each of the twenty-first to twenty-fifth years
the member was in
the active service of the department, plus one and one-half
per
cent for each year in excess of twenty-five years the member
was
in the
active service of the department. The
annual pension shall
not
exceed seventy-two per cent of the member's average annual
salary. (4) With the exception of those persons who may make
application
for benefits as provided in section 742.26 of the
Revised Code,
no person receiving a pension or other benefit under
division (C)
of this section on or after July 24, 1986, shall be
entitled to
apply for any new, changed, or different benefit. If a member covered by division (C) of this section or
section 742.38
of the Revised Code dies
prior to the time the
member has received a payment and
leaves a
surviving spouse or
dependent child, the surviving
spouse or dependent child shall
receive a pension under division
(D) or (E) of this section. (D)(1) Except as provided in division (D)(2)
of this
section, a surviving spouse of a deceased member of the fund
or a
surviving spouse described in division (D)(4) of this section
shall
receive a monthly pension
as follows: (a) For the period beginning
July 1, 1999, and ending
June
30, 2000, five hundred
fifty dollars; (b) For the period beginning
July 1, 2000, and the first day
of July of each year thereafter
and continuing for the following
twelve months, an amount equal
to the monthly amount paid during
the prior twelve-month period
plus
an amount determined
by
multiplying five hundred
fifty
sixteen dollars
by the average
percentage change in the
consumer
price index, not exceeding three
per cent, as determined each
year by the board under section
742.3716 of the
Revised
Code
and fifty cents. (2) A surviving spouse of a deceased member of the fund
shall receive a monthly pension
of four hundred ten dollars if
the
surviving spouse is eligible
for a benefit under division
(B) or
(D) of section 742.63 of the
Revised Code. If the surviving
spouse ceases to be eligible
for a benefit under division (B) or
(D) of section 742.63 of
the Revised
Code, the pension shall be
increased, effective the first day of the first month following
the day on which the surviving spouse ceases to be eligible for
the benefit,
to the amount it would be under division (D)(1) of
this section had
the spouse never
been eligible for a benefit
under division (B) or (D) of
section 742.63 of the
Revised
Code. (3) A pension paid under this division shall
continue
during
the natural life of the surviving spouse.
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.
(4) A surviving spouse of a deceased member of or
contributor
to a fund established under former Chapter 521. or
741. of the
Revised Code whose benefit or pension was terminated
or not paid
due to remarriage shall receive a monthly pension
under division
(D)(1) of this section. The pension shall commence on the first day of the month
immediately following receipt by the board of a completed
application on a form provided by the board and evidence
acceptable to the board that at the time of death the deceased
spouse was a member of or contributor to a police or firemen's
relief and pension fund established under former Chapter 521. or
741. of the Revised Code and that the surviving spouse's benefits
were terminated or not granted due to remarriage.
(E)(1) Each surviving child of a deceased member
of the
fund
shall receive a monthly pension
of one hundred fifty dollars
until
the child attains the age of eighteen years, or
marries,
whichever
event occurs first. A pension under this
division,
however, shall
continue to be payable to a child under age
twenty-two who is a
student in and attending an institution of
learning or training
pursuant to a program designed to complete
in
each school year the
equivalent of at least two-thirds of the
full-time curriculum
requirements of the institution, as
determined by the board. If
any surviving
child, regardless
of
age at the time of the member's
death, because of physical
or
mental disability, is totally
dependent upon the
deceased
member
for support at the time of
death, the
child shall receive a
monthly
pension under this
division during the
child's natural
life or until the child has
recovered
from the disability. (2) An eligible surviving child shall receive a monthly
pension as follows:
(a) For the period beginning July 1, 2002, and ending June
30, 2003, one hundred sixty-three
dollars and fifty cents;
(b) For the period beginning July 1, 2003, and the first day
of each July thereafter and continuing for the following twelve
months, an amount equal to the monthly amount paid during the
prior twelve-month period plus four dollars and fifty cents.
(F)(1) If a deceased member of the fund leaves no surviving
spouse or surviving children, but leaves
one or two parents
dependent
upon the deceased member for support, each parent shall
be
paid a
monthly pension
of one hundred dollars. If there is
only one
parent dependent upon the member for support, the parent
shall be
paid a monthly
pension of two hundred dollars. The
pensions
provided for in this division shall be paid during the
natural
life of the surviving parents, or until dependency ceases,
or
until remarriage, whichever event occurs first. (2) Each eligible surviving parent shall be paid a monthly
pension as follows:
(a) For the period ending June 30, 2002, one hundred six
dollars for each parent or two hundred twelve dollars for a sole
dependent parent;
(b) For the period beginning July 1, 2002, and ending June
30, 2003, one hundred nine dollars for each parent or two hundred
eighteen dollars for a sole dependent parent;
(c) For the period beginning July 1, 2003, and the first day
of each July thereafter and continuing for the following twelve
months, an amount equal to the monthly amount paid during the
prior twelve-month period plus three dollars for each parent or
six dollars for a sole dependent parent.
(G) Subject to the provisions of section 742.461 of the
Revised Code, a member of the fund who voluntarily
resigns or is
removed from active service in a police or fire
department is
entitled to receive an amount equal to the sums
deducted from the
member's salary and credited to
the member's account in the fund,
except that a member receiving a
disability benefit or service
pension is not entitled to receive any return of
contributions to
the fund. (H) On and after January 1, 1970, all pensions shall be
increased in accordance with the following provisions: (1) A member of the fund who retired prior to January 1,
1967, has attained age sixty-five on January 1, 1970, and was
receiving a pension on December 31, 1969, pursuant to division
(B)
or (C)(1) of this section
or former division (C)(2), (3), (4), or
(5) of this section,
shall have the pension increased by ten per
cent. (2) The monthly pension payable to eligible surviving
spouses under division (D) of this section shall be increased by
forty dollars for each surviving spouse receiving a pension on
December 31, 1969. (3) The monthly pension payable to each eligible child
under
division (E) of this section shall be increased by ten
dollars for
each child receiving a pension on December 31, 1969. (4) The monthly pension payable to each eligible dependent
parent under division (F) of this section shall be increased by
thirty dollars for each parent receiving a pension on December
31,
1969. (5) A member of the fund, including a survivor of a
member,
who is receiving a pension in accordance with the rules
governing
the granting of pensions and benefits in force on April
1, 1947,
that provide an increase in the original pension
from
time to time
pursuant to changes in the salaries of active
members, shall not
be eligible for the benefits provided in this
division. (I) On and after January 1, 1977, a member of the fund who
was receiving a pension or benefit on December 31, 1973, under
division (A), (B), (C)(1), or former division
(C)(2) or (7) of
this section shall have
the pension or benefit increased as
follows: (1) If the member's annual pension or benefit is less than
two
thousand seven hundred dollars, it shall be increased to three
thousand dollars. (2) If the member's annual pension or benefit is two
thousand seven
hundred dollars or more, it shall be increased by
three hundred
dollars. The following shall not be eligible to receive increased
pensions or benefits as provided in this division: (a) A member of the fund who is receiving a pension or
benefit in accordance with the rules in force on April 1, 1947,
governing the granting of pensions and benefits, which provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members; (b) A member of the fund who is receiving a pension or
benefit under division (A) or (B) of this section, based on
funded
volunteer or funded part-time service, or off-duty
disability, or
partial on-duty disability, or early vested
service; (c) A member of the fund who is receiving a pension under
division (C)(1) of this section, based on funded volunteer or
funded part-time service. (J) On and after July 1, 1977, a member of the fund who
was
receiving an annual pension or benefit on December 31, 1973,
pursuant to division (B) of this section, based upon partial
disability, off-duty disability, or early vested service, or
pursuant to former division (C)(3), (5), or (6) of this section,
shall
have such annual pension or benefit increased by three
hundred
dollars. The following are not eligible to receive the increase
provided by this division: (1) A member of the fund who is receiving a pension or
benefit in accordance with the rules in force on April 1, 1947,
governing the granting of pensions and benefits, which provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members; (2) A member of the fund who is receiving a pension or
benefit under division (B) or (C)(2) of this section or
former
division (C)(3), (5), or (6) of
this section based on volunteer or
part-time service. (K)(1) Except as otherwise provided in this division,
every
person who on July 24, 1986, is receiving an age and
service or
disability pension, allowance, or benefit pursuant to
this chapter
in an amount less than thirteen thousand dollars a
year that is
based upon an award made effective prior to February
28, 1984,
shall receive an increase of six hundred dollars a year
or the
amount necessary to increase the pension or benefit to
four
thousand two hundred dollars after all adjustments required
by
this section, whichever is greater. (2) Division (K)(1) of this section does not apply to the
following: (a) A member of the fund who is receiving a pension or
benefit in accordance with rules in force on April 1, 1947, that
govern the granting of pensions and benefits and that provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members; (b) A member of the fund who is receiving a pension or
benefit based on funded volunteer or funded part-time service. (L) On and after July 24, 1986: (1) The pension of each person receiving a pension under
division (D) of this section on July 24, 1986, shall be increased
to three hundred ten dollars per month. (2) The pension of each person receiving a pension under
division (E) of this section on July 24, 1986, shall be increased
to ninety-three dollars per month.
Sec. 742.3711. (A) On application for retirement as
provided in section 742.37 of the Revised Code, a member of the
fund may elect to receive a retirement allowance payable
throughout the member's life, or may elect, on the
application for
retirement, to receive the actuarial
equivalent of the member's
retirement
allowance in a lesser amount payable for life and
continuing
after death to a surviving designated beneficiary under
one
of the following optional plans, provided the amount payable
to
the beneficiary shall not exceed the amount payable to the
retiring member of the fund, and is certified by the actuary
engaged by the board of trustees of the Ohio police and fire
pension fund to be the actuarial equivalent of the member's
retirement allowance and is approved by the board. (1) Option 1. The member's lesser retirement allowance
shall
be paid for life to the sole beneficiary designated at the
time of the member's retirement. (2) Option 2. One-half or some other portion of the
member's
lesser retirement allowance shall be paid for life to the
sole
beneficiary designated at the time of the member's
retirement. (3) Option 3. Upon the member's death before the
expiration
of a
certain period from the retirement date and elected by the
member and
approved by the retirement board, the member's lesser
retirement allowance shall be continued for the remainder of
that
period to the
beneficiary the member has nominated by written
designation
and filed
with the retirement board. Should the nominated beneficiary designated in writing
become
deceased prior to the expiration of the guarantee period,
then for
the purpose of completing payment for the remainder of
the
guarantee period, the present value of such payments shall be
paid
to the estate of the beneficiary last receiving. (B)(1) On or after February 28, 1980, the death of a
spouse
nominated as beneficiary or the death of any other
nominated
beneficiary following retirement shall cancel any
optional plan of
payment to provide continuing lifetime benefits
to such nominated
beneficiary and return the member of the fund
to the member's
single lifetime benefit equivalent, as
determined by the
board, to
be effective the month following receipt by the board
of notice of
the death. (2) On divorce, annulment, or marriage dissolution, a
member
receiving a retirement allowance under a plan that
provides for
continuation of all or part of the allowance after
death for the
lifetime of the member's surviving
spouse may, with the written
consent of the spouse or pursuant to an order of
the
court with
jurisdiction over the termination of the marriage,
elect to cancel
the plan and receive the member's single
lifetime benefit
equivalent as determined by the board. The election
shall be made
on a form provided by the board and shall be
effective the month
following its receipt by the board. (C) Following marriage or remarriage, a member of the fund
may elect not later than one year after the date of marriage or
remarriage a new optional plan of payment based on the actuarial
equivalent of the member's single lifetime benefit as
determined
by the
board. The plan and the member's lesser retirement
allowance shall
become effective on the date the election is made
on a form approved by the board. (D)(1) Unless one of the following occurs, an application
for
retirement by a married person shall be considered an election
of
a benefit under option 2 as provided for in division (A)(2) of
this section under which one-half of the lesser retirement
allowance payable during the life of the retirant will be paid
after death to the retirant's spouse for life as
sole beneficiary: (a) The retirant selects an optional plan under division
(A)
of this section providing for payment after death to
the
retirant's
spouse for life as sole beneficiary of more than
one-half of the
lesser retirement allowance payable during the
life of the
retirant; (b) The retirant submits to the retirement board a written
statement signed by the spouse attesting that the spouse consents
to the
retirant's election
to receive a single lifetime
retirement
allowance or a payment under an optional benefit plan
under which
after the death of the retirant the surviving spouse
will receive
less than one-half of the lesser retirement
allowance payable
during the life of the retirant. (2) 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
"option 2" and consist
of the
actuarial equivalent of the member's retirement allowance
in a
lesser amount payable for life and one-half of the
lesser
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 an employee of the board or a
notary public. (3) If the retirant does not select an optional plan as
described in division (D)(1)(a) of this section and the board does
not receive the written statement provided for in division
(D)(1)(b)
of this section, it shall determine and pay the
retirement
allowance in accordance with division (A)(2) of this
section,
except that the board may provide by rule for waiver by
the board
of the statement and payment of the allowance other than
in
accordance with division (A)(2) of this section if the retirant
is unable to obtain the statement due to absence or incapacity of
the spouse or other cause specified by the board. (E) A member of the fund who has elected an optional plan
under this section or section 742.3715 of the Revised Code may,
with the consent of the designated beneficiary, cancel the
optional plan and receive the retirement allowance payable
throughout life the member would have received had
the member not
elected the
optional plan, if the member makes a request to cancel
the
optional plan
not later than one year after the later of
September 9, 1988, or
the date on which the member first receives
a payment under this
section or section 742.3715 of the Revised
Code. Cancellation of
the optional plan shall be effective the
month after acceptance
of the request by the trustees of the fund.
No payment or
adjustment shall be made in the retirement allowance
payable
throughout the member's life to compensate for the lesser
allowance the member received under the optional plan. The request to cancel the optional plan shall be made on a
form provided by the fund and shall be valid only if the
completed
form includes a signed statement of the designated
beneficiary's
understanding of and consent to the cancellation. The signature
shall be verified by the trustees of the fund prior
to their
acceptance of the cancellation. (F) Any option elected and payments made under this
section
shall be in addition to any benefit payable under
divisions (D),
(E), and (F) of section 742.37 of the Revised
Code. (G) A
person is eligible to receive a benefit
increase under
this
division if the person is receiving a retirement allowance or
benefit
under an optional plan elected under this section or
section
742.3715 of the Revised Code based on an award made prior
to July
24, 1986. A person is not eligible to receive an
increase
under this
division if the person is
receiving a
pension or
benefit in accordance with rules in force on April 1,
1947, that
govern the granting of pensions and benefits and that
provide an
increase in the original pension or benefit from time
to time
pursuant to changes in the salaries of active members. On or before the fifteenth day of April of each year,
the
The
board shall
determine the average percentage change in
the
consumer price index prepared by the United States bureau of
labor
statistics (U.S. city average for urban wage earners and
clerical
workers:
"all items 1982-84=100") for the
twelve-month
period
prior to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. On a
determination by the board that this change is
an increase or that
the change plus the
accumulation
described in this division is an
increase, the
board shall
annually increase all benefits
payable
under this section or section 742.3715 of the Revised
Code to
eligible persons by the actuarial equivalent of
an amount
determined
by multiplying
twelve thousand
three hundred sixty
dollars
by the percentage of
the increase in the consumer
price
index, or that percentage plus the accumulation, except that
the
percentage shall not exceed three per cent and no benefit shall
exceed the limit established by section 415 of the
"Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as
amended.
Any percentage of change in the consumer price index in any
year that is in excess of three per cent shall be accumulated and
used to determine increases under this
section in succeeding
years. Any percentage of
change in the consumer price index
accumulated by an
eligible person prior to
September 27, 1996,
shall be used in
determining any future increases under this
section. The
first increase is payable to all eligible
persons on
July 1, 1988. The increase is
payable for
the ensuing
twelve-month period or until the next increase is
granted under
this section, whichever is later.
The date of the first increase payable under
this
section
shall be the anniversary date for future increases.
Sec. 742.3716. (A) As used in this section: (1)
"Eligible person" means a person who meets all of the
following conditions: (a) Has been receiving a pension or benefit under this
chapter for one year or more based on an award made on or after
July 24, 1986; (b) Has not made the election provided for in division (B)
of this section; (c) Is not the spouse or survivor of a person who has made
the election provided for in division (B) of this section; (d) Is receiving a benefit in accordance with division
(A),
(B), or (C) of section 742.37,
division (C)(2), (3), (4), or (5)
of former section
742.37, section 742.3711, or section 742.39 of
the Revised Code. (2)
"Recalculated average annual salary" means the highest
average annual compensation of a member of the Ohio police and
fire pension fund during any three
years of
contributions,
including amounts included in terminal pay
attributable to such
three years, determined by dividing the
member's total earnings as
an employee during such years by
three. (B)(1) Notwithstanding section 742.37 or 742.39 of the
Revised Code,
a member of the fund who is not receiving a pension
or benefit
under this chapter and who on January 1, 1989, has
completed
fifteen or more years of active service in a police or
fire
department may elect to have any future benefit or pension
paid
to the member or the member's spouse or
survivors under this
chapter calculated
on the basis of the member's recalculated
average annual
salary rather
than the member's average annual
salary. The election shall
be made by
the member prior to or at
the time of making an election under
section 742.3711 of the
Revised Code. (2) If the member eligible to make the election under
division (B)(1) of this section dies prior to making the election
and at the time of death is eligible to retire and receive a
pension or benefit under division (C)(1) or (3) of section
742.37
of the Revised Code, the person entitled to receive a benefit
under section 742.3714 of the Revised Code may make the election
provided for in division (B)(1) of this section. (3) The election under division (B)(1) or (2) of this
section shall be made on forms provided by the trustees of the
fund. Once received by the fund, the election shall be
irrevocable and shall bind the member and any other person who
receives a pension or benefit based on the member's service. No
person who receives a pension or benefit calculated in accordance
with division (B) of this section is eligible to receive a
cost-of-living allowance under this section. If the person
making
the election receives a benefit under section 742.3714 of
the
Revised Code, that person is not eligible to receive a
cost-of-living allowance under section 742.3711 of the Revised
Code. (C)(1)
On or before the fifteenth day of April of each year,
the
The board of trustees of the Ohio police and fire
pension fund
shall
determine the average percentage change in the
consumer
price index prepared by the United States bureau of
labor
statistics (U.S. City Average for Urban Wage Earners and
Clerical
Workers:
"All Items 1982-84=100") for the
twelve-month
period
prior to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a
determination by the board that such change is an
increase or that
the change plus the accumulation
described in division (C)(2) of
this section is an increase, the
board shall
annually increase all
benefits
payable to eligible persons by
a percentage equal to
the
percentage increase in the consumer price index or to that
increase plus
the accumulation, except that the increase shall not
exceed three per
cent
and,
except that no
benefit shall exceed the
limit established by section 415 of the
"Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 415,
as amended. (2) Any percentage of change in the consumer price index in
any
year that is in excess of three per cent shall be accumulated
and
used to determine increases under this
section in succeeding
years. Any percentage of
change in the consumer price index
accumulated by an
eligible person prior to
September 27, 1996,
shall be used in
determining any future increases under this
section. The
first
additional benefit
increase is payable to all
eligible
persons who on July 1, 1988, have been receiving a
pension or
benefit for twelve months or longer. The
additional
benefit
increase is
payable for the ensuing twelve-month period or
until the next
increase is granted under this section, whichever
is later.
The date of the first
additional benefit
increase paid under
this
section shall be the anniversary date for future
additional
benefits
increases. The pension or benefit used in the first
calculation
of an
additional benefit
increase under this section
shall
remain as the
base for all future
additional benefits
increases paid under
this section,
unless a new base is
established by law. (3) Additional benefits
(2)
Increases paid in years
subsequent to the year of
the first
additional benefit
increase
paid under this section
shall be
paid to all eligible persons who,
on the date that the
additional
benefit
increase is authorized by
the board, have been receiving a
pension
or benefit for twelve
months.
Sec. 742.3717. (A)(1) Except as provided in
division (A)(2)
of this section, as used in this
section,
"eligible person" means
a person who meets both of the following conditions: (a) The person is receiving an annual pension or benefit
under division (A), (B), or (C) of section 742.37 or
division
(C)(2), (3), (4), or (5) of former section
742.37 of the Revised
Code based on an award made prior to July 24,
1986. (b) The person has not elected under section 742.3711 of
the
Revised Code to receive a retirement allowance under an
optional
benefit plan. (2) A person is not an eligible person if the person
is
receiving a pension or benefit in accordance with rules in force
on April 1, 1947, that govern the granting of pensions and
benefits and that provide an increase in the original pension or
benefit from time to time pursuant to changes in the salaries of
active members. (B)(1)
On or before the fifteenth day of April of each year,
the
The board of trustees of the Ohio police and fire
pension fund
shall
determine the average percentage change in the
consumer
price index prepared by the United States bureau of
labor
statistics (U.S. city average for urban wage earners and
clerical
workers:
"all items 1982-84=100") for the
twelve-month
period
prior to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a
determination by the board that this change is
an increase or that
the change plus the accumulation
described in division (B)(2) of
this section is an
increase, the
board shall
annually increase all
benefits
payable to eligible persons by
an amount determined by
multiplying twelve thousand
three hundred
sixty dollars
by the
percentage of the increase in the consumer price index, or that
percentage
plus the accumulation, except that
the percentage shall
not exceed
three per cent and no benefit shall exceed the limit
established by section 415 of the
"Internal Revenue Code of
1986,"
100 Stat. 2085, 26 U.S.C.A. 415, as amended. (2)
Any percentage of change in the consumer price index in
any
year that is in excess of three per cent shall be accumulated
and
used to determine increases under this
section in succeeding
years. Any percentage of
change in the consumer price index
accumulated by an
eligible person prior to
September 27, 1996,
shall be used in
determining any future increases under this
section. The
first increase is payable to all eligible
persons on
July 1, 1988. The increase is payable for
the ensuing
twelve-month period or until the next increase is
granted under
this section, whichever is later. The date of the first increase payable under
this
section
shall be the anniversary date for future increases.
Sec. 742.3718. (A) Except as otherwise provided in this
division, each person who on
September 9, 1988, is receiving a
pension or benefit
of less than five thousand
dollars annually
under division (A) or (B) of section 742.37 of
the Revised Code on
the basis of disability or service of
twenty-five years or more,
under division (C)(1) of that section,
or under division (C)(2) or
(5) of
former section 742.37 of the Revised Code shall have the
pension or benefit
increased to
five thousand dollars a year,
effective July 1, 1988. This
division does not apply to any
person receiving a pension or
benefit based on funded volunteer or
funded part-time service. (B) On and after July 1, 1988: (1) The pension of each person receiving a pension or
benefit under division (D) of section 742.37 of the Revised Code
shall be increased to four hundred ten dollars a month. (2) The pension of each person receiving a pension or
benefit under division (E) of section 742.37 of the Revised Code
shall be increased to one hundred eighteen dollars a month. (C) Notwithstanding any average annual salary
limitation in
section 742.37 of the
Revised
Code, each person who on
July 1,
1999, is receiving an annual pension
or benefit described in
division (A),
(B), or
(C)(1) or (3) of that
section of less than
six thousand six hundred dollars shall have
the pension increased
to that amount, effective
July 1, 1999.
The increase granted
under this division shall be included
in a person's base for the
purpose of determining future
increases under section 742.3716 of
the
Revised Code. (D)(1)
Except as provided in division (D)(2) of this
section, the monthly pension of each person who is the surviving
spouse
of a deceased member of the fund and on
the effective date
of this
amendment
March
17, 2000,
is receiving a pension of less
than the amount described in
division (D)(1) of section 742.37 of
the Revised Code
shall be increased as follows: (a) For the period beginning
on the first day of the first
month following
the
effective date of this amendment
March
17,
2000,
and ending June 30, 2000, to five hundred fifty dollars; (b) For the period beginning July 1, 2000, and the first day
of July of each year thereafter
and continuing for the following
twelve months, to an amount
equal to the greater of five hundred
fifty dollars or the monthly
amount paid during the prior
twelve-month
period plus
an amount determined
by multiplying five
hundred fifty
sixteen dollars
by the average percentage change
in
the
consumer price index, not exceeding three per cent, as
determined each year by the board of trustees of the Ohio
police
and fire pension fund under section
742.3716 of the Revised Code
and fifty cents. (2) An increase under division (D)(1) of
this section shall
not be paid to a person who is receiving a pension
under division
(D)(2) of section 742.37 of the
Revised
Code and a benefit under
division (B) or
(D) of section 742.63 of the
Revised
Code until
the person ceases to be eligible for
a benefit under division (B)
or
(D) of section 742.63 of the
Revised
Code. The person's
monthly pension shall be
increased, effective the first day of the
first month following
the date on which the person ceases to be
eligible for the benefit, to the
amount it would be under division
(D)(1) of this section
had the
person never been eligible for a
benefit under division (B) or
(D) of section 742.63 of the
Revised
Code. (E) The monthly pension of each person receiving a
pension
under division (E) of
section 742.37 of the Revised
Code shall be
increased
to one hundred fifty dollars effective July 1, 1999. (F) Effective July 1, 1999, the monthly
pension of each
person receiving a pension under division
(F) of section 742.37 of
the
Revised
Code shall be increased
as follows: (1) If there are two dependent parents, to one hundred
dollars; (2) If there is one dependent parent, to two hundred
dollars.
Sec. 742.63. The board of trustees of the Ohio police and
fire pension fund shall adopt rules for the
management of the Ohio
public safety officers death benefit fund and
for disbursements of
benefits as set forth in this section. (A) As used in this section: (1)
"Member" means
a
all of the following: (a) A member of the Ohio police and fire
pension fund or
a
member of or contributor to a police or firemen's relief and
pension fund established under former Chapter 521. or 741. of the
Revised Code; (b) A member of the state highway patrol
retirement system,
or a; (c) A member of the public employees retirement
system who at
the time of the member's death was
a
one of the following: (i) A county sheriff
or deputy sheriff, a; (ii) A full-time regular police officer in a municipal
corporation or township, a; (iii) A full-time regular firefighter
employed by
the state,
an instrumentality of the state, a municipal
corporation, a
township, a joint fire district, or another political
subdivision,
a; (iv) A full-time park district ranger or patrol trooper,
a; (v) A full-time law enforcement officer of the department of
natural
resources, a; (vi) A full-time
department of public safety enforcement
agent, a; (vii) A full-time law
enforcement
officer
of parks, waterway
lands, or reservoir lands under the control of
a municipal
corporation, a; (viii) A full-time law enforcement officer of a
conservancy
district, a; (ix) A correction officer at an institution
under the control
of a county, a group of counties, a municipal
corporation, or the
department of rehabilitation and correction,
a; (x) A state university law enforcement officer, or a. (d) A member of a
retirement system operated by a municipal
corporation who at the
time of death was a full-time law
enforcement officer of
parks, waterway lands, or reservoir lands
under the control of
the municipal corporation. (2) Notwithstanding section 742.01 of the Revised Code,
"fire or police department" includes a fire department of the
state or an instrumentality of the state or of a municipal
corporation, township, joint fire district, or other political
subdivision, the state highway patrol, a county sheriff's office,
the security force of an institution under the control of the
department of rehabilitation and correction, the security force
of
a jail or workhouse under the control of a county, group of
counties, or municipal corporation, the security force of a
metropolitan, county, or township park district, the security
force of lands under the control of the department of natural
resources,
department of public safety enforcement agents, the
security force of
parks,
waterway lands, or reservoir lands under
the control of a
municipal corporation, the security force of a
conservancy
district, the police department of a township or
municipal
corporation, and the police force of a state university. (3)
"Firefighter or police
officer" includes a state highway
patrol
trooper, a county sheriff or deputy sheriff, a correction
officer
at an institution under the control of a county, a group
of
counties, a municipal corporation, or the department of
rehabilitation and correction, a police officer
employed by a
township
or municipal corporation, a firefighter employed by the
state, an
instrumentality of the state, a municipal corporation, a
township,
a joint fire district, or another political subdivision,
a full-time
park district ranger or patrol trooper, a full-time
law enforcement
officer of the department of natural resources, a
full-time
department of public safety
enforcement agent, a
full-time law enforcement officer of parks, waterway lands, or
reservoir lands under the control of a municipal corporation, a
full-time law enforcement officer of a conservancy district, and
a
state university law enforcement officer. (4)
"Correction officer" includes, in addition to any
correction officer, any correction corporal, sergeant,
lieutenant,
or captain, and the equivalents of all such persons. (5)
"A park district ranger or patrol trooper" means
a peace
officer commissioned to make arrests, execute warrants, and
preserve the peace upon lands under the control of a board of
park
commissioners of a metropolitan, county, or township park
district. (6)
"Metropolitan, county, or township park district"
means a
park district created under the authority of Chapter 511.
or 1545.
of the Revised Code. (7)
"Conservancy district" means a conservancy district
created under the authority of Chapter 6101. of the Revised Code. (8)
"Law enforcement officer" means an officer
commissioned
to make arrests, execute warrants, and preserve the
peace upon
lands under the control of the governmental entity
granting the
commission. (9)
"Department of natural resources law enforcement
officer"
includes a forest officer designated pursuant to section
1503.29
of the Revised Code, a preserve officer designated
pursuant to
section 1517.10 of the Revised Code, a wildlife officer
designated
pursuant to section 1531.13 of the Revised Code, a
park officer
designated pursuant to section 1541.10 of the
Revised Code, and a
state watercraft officer designated pursuant
to section 1547.521
of the Revised Code. (10)
"Retirement eligibility date" means the last day of
the
month in which a deceased member would have first become
eligible,
had the member lived, for the retirement pension provided under
section 145.33,
Chapter 521. or 741., division (C)(1) of section
742.37, or division
(A)(1) of section 5505.17 of the Revised Code
or provided by a
retirement system operated by a municipal
corporation. (11)
"Death benefit amount" means an amount equal to the full
monthly salary received by a deceased member prior to death, minus
an amount
equal to the benefit received under section 145.45,
742.37, 742.3714, or
5505.17 of the Revised Code or the benefit
received from a retirement system operated by a
municipal
corporation, plus any increases in salary that would have been
granted the deceased member. (12)
"Killed in the line of duty" means either of the
following: (a) Death in the line of duty; (b) Death from injury sustained in the line
of duty,
including heart attack or other fatal injury or illness caused
while
in the line of duty. (B) A spouse of a deceased member shall receive a death
benefit each month equal to the full death benefit amount,
provided that
the deceased member was a firefighter or police
officer
killed in the line of duty and there are no surviving
children eligible for a benefit under this section. The spouse
shall
receive this benefit during the spouse's
natural life until
the deceased member's
retirement eligibility date, on which
date
the benefit provided under this division shall terminate. (C)(1) If a member killed in the line of duty as a
firefighter or police
officer is
survived only by a child or
children, the child or children
shall receive a benefit each month
equal to the full death benefit
amount. If there is more than one
surviving
child, the
benefit shall be divided equally among these
children.
(2) If the death benefit paid under this division is divided
among two or
more surviving children and any of the children
become ineligible to continue
receiving a portion of the benefit
as provided in division (H) of
this section, the full death
benefit amount shall be paid to the remaining
eligible child or
divided among the eligible children so that the benefit paid
to
the remaining eligible child or children equals the full death
benefit
amount. (3) Notwithstanding divisions (C)(1)
and (2) of this
section, all
death benefits paid under this division shall
terminate on the
deceased member's retirement eligibility date. (D) If a member killed in the line of duty as a
firefighter
or police officer is survived by both a spouse and a
child or
children, the monthly benefit provided shall be as
follows: (1)(a) If there is a surviving spouse and one surviving
child, the spouse shall receive an amount
each month equal to
one-half of
the full death benefit amount and the
child shall
receive an amount equal to one-half of the
full death benefit
amount. (b) If the surviving spouse dies or the
child becomes
ineligible as provided in division (H) of this section, the
surviving
spouse or child remaining eligible shall receive the
full death benefit
amount. (2)(a) If there is a surviving spouse and more than one
child, the spouse shall receive an amount
each month equal to
one-third of
the full death benefit amount and the
children shall
receive an amount, equally divided among them,
equal to two-thirds
of the full death benefit amount. (b) If a spouse and more than one child each are receiving a
death benefit under division (D)(2)(a) of this
section and the
spouse dies, the children shall receive an amount each
month,
equally
divided among them, equal to the full death benefit
amount. (c) If a spouse and more than one child each are receiving a
benefit under division (D)(2)(a) of this section and
any of the
children becomes ineligible to receive a benefit as provided in
division (H) of this section, the spouse and remaining eligible
child
or children shall receive a death benefit as follows: (i) If there are two or more remaining eligible children,
the
spouse shall receive an amount each month equal to one-third
of the full death
benefit amount and the children shall receive an
amount each month, equally
divided among them, equal to two-thirds
of the full death benefit amount; (ii) If there is one remaining eligible child, the spouse
shall
receive an amount each month equal to one-half of the full
death benefit
amount, and the child shall receive an amount each
month equal to one-half of
the full death benefit amount. (d) If a spouse and more than one child each are receiving a
benefit under division (D)(2)(a) of this section and
all of the
children become ineligible to receive a benefit as provided in
division (H) of this section, the spouse shall receive the full
death
benefit amount. (3) Notwithstanding divisions (D)(1) and (2) of this
section, death benefits paid under this division to a surviving
spouse shall terminate on the member's
retirement
eligibility
date. Death benefits paid
to a surviving child or children shall
terminate on the deceased
member's retirement eligibility date
unless earlier terminated
pursuant to division (H) of this
section. (E) If a member, on or after January 1, 1980, is
killed in
the
line of duty as a firefighter or police officer and is
survived by
only a parent or parents
dependent upon the member for
support, the
parent or parents shall
receive an amount each month
equal to the full
death benefit amount. If there
is more than one
surviving parent dependent upon the deceased
member for support,
the death benefit amount shall
be divided equally among the
surviving parents. On the death of one of the
surviving parents,
the full death benefit amount shall be paid to the other
parent. (F)(1) The following shall receive a monthly death benefit
under this division: (a) A surviving spouse whose benefits are terminated in
accordance with division (B) or (D)(3) of this section on the
deceased member's retirement eligibility date, or who would
qualify for a benefit under division (B) or (D) of this section
except that the deceased member reached the member's retirement
eligibility date prior to the member's death, shall receive a
monthly
death benefit under this division. The; (b) A qualified surviving spouse of a deceased member of or
contributor
to a police or firemen's relief and pension fund
established under
former Chapter 521. or 741. of the Revised Code
who was a firefighter
or police officer killed in the line of
duty. (2) The monthly death benefit
shall be one-half of an amount
equal to the monthly salary
received by the deceased member prior
to the member's death, plus
any salary increases the deceased
member would
have received prior to
the member's
retirement
eligibility date. The benefit shall terminate on the
surviving
spouse's death. A death benefit payable
under
this division shall
be reduced by an amount equal to any
allowance or benefit payable
to the surviving spouse under
section 742.3714 of the Revised
Code. (3) A benefit granted to a surviving spouse under division
(F)(1)(b) of this section shall commence on the first day of the
month immediately following receipt by the board of a completed
application on a form provided by the board and any evidence the
board may require to establish that the deceased spouse was killed
in the line of duty. (G)(1) If there is not
a surviving spouse
eligible to
receive a death benefit under division (F) of this
section or the
surviving spouse
receiving a death benefit under that division
dies,
a surviving
child or children whose benefits under division
(C) or (D) of this section
are or have been terminated pursuant to
division
(C)(3) or (D)(3) of this
section or who would qualify for
a benefit under division (C) or
(D) of this section except that
the deceased member reached the member's
retirement eligibility
date prior to the member's death shall receive a
monthly death
benefit under this division. The monthly death
benefit shall be
one-half of an amount equal to the monthly
salary received by the
deceased member prior to the member's death,
plus any salary
increases the member would have
received prior to
the member's
retirement eligibility date. If there is more than one surviving
child, the benefit shall be divided equally among the surviving
children. (2) If two or more surviving children each are receiving a
benefit under this division and any of those children becomes
ineligible to
continue receiving a benefit as provided in division
(H) of this
section, the remaining eligible child or children
shall receive an amount
equal to one-half of the monthly salary
received by the deceased member prior
to death, plus any salary
increases the deceased member would have received
prior to the
retirement eligibility date. If there is more than one remaining
eligible child, the benefit shall be divided equally among the
eligible
children. (3) A death benefit, or portion of a death benefit, payable
to
a surviving child under this division shall be reduced by an
amount equal to any allowance or benefit payable to that child
under section 742.3714 of the Revised Code, but the reduction in
that child's benefit shall not affect the amount payable to any
other surviving child entitled to a portion of the death benefit. (H) A death benefit
paid to a surviving child under division
(C), (D), or
(G) of this section shall terminate on the death of
the child or,
unless one of the following is the case, when the
child reaches age eighteen: (1) The child, because of physical or mental disability, is
unable to
provide the child's own support, in which case the death
benefit shall
terminate when the
disability is removed; (2) The child is unmarried, under age twenty-two, and a
student in and
attending an institution of learning or training
pursuant to a program
designed to complete in each school year the
equivalent of at least two-thirds
of the full-time curriculum
requirements of the institution, as determined by
the trustees of
the fund. (I) Acceptance of any death benefit under this section
does
not prohibit a spouse or child from receiving other benefits
provided under the Ohio police and fire pension
fund, the state
highway patrol retirement system, the public
employees retirement
system, or a retirement system operated by a
municipal
corporation. (J) No person shall receive a benefit under this section
if
any of the following occur: (1) The person fails to exercise the right to a monthly
survivor benefit under division (A) or (B) of section 145.45,
division (D), (E), or (F) of section 742.37, or division (A)(3),
(4), or (7) of section 5505.17 of the Revised Code; to a monthly
survivor benefit from a retirement system operated by a municipal
corporation; or to a retirement allowance under section 742.3714
of the Revised Code. (2) The member's accumulated contributions under this
chapter or Chapter
145. or 5505. of the Revised Code are refunded
unless the
member had been a member of the public employees
retirement
system and had fewer than eighteen months of total
service credit
at the time of death. (3) In the case of a full-time park district ranger or
patrol trooper, a full-time law enforcement officer of
the
department
of natural resources, a full-time law enforcement
officer of
parks, waterway lands, or reservoir lands under the
control of a
municipal corporation, a full-time law enforcement
officer of a
conservancy district, a correction officer at an
institution
under the control of a county, group of counties, or
municipal
corporation, or a member of a retirement system operated
by a
municipal corporation who at the time of the member's death
was a
full-time law enforcement officer of parks, waterway lands,
or
reservoir lands under the control of the municipal corporation,
the member died prior to April 9, 1981, in the case of a benefit
under division (B), (C), or (D) of this section, or prior to
January 1, 1980, in the case of a benefit under division (E) of
this section. (4) In the case of a full-time department of public safety
enforcement
agent who prior to June 30, 1999, was a liquor control
investigator of the
department of public safety, the member died
prior to December 23, 1986; (5) In the case of a full-time department of public safety
enforcement
agent other than an enforcement agent who, prior to
June 30,
1999, was a liquor control
investigator, the member died
prior to June 30, 1999. (K) A surviving spouse whose benefit was terminated prior to
the
effective date of this amendment
June
30, 1999,
due to
remarriage shall receive a benefit
under division (B), (D), or (F)
of this section
beginning on the first day of the month following
receipt by the board of an
application on a form provided by the
board. The benefit amount shall be
determined as of that date. (1) If the benefit will begin prior to the deceased member's
retirement
eligibility date, it shall be paid under division (B)
or (D)
of this section and shall terminate as provided in those
divisions. A benefit
paid to a surviving spouse under division
(D) of this section shall be
determined in accordance with that
division, even if benefits paid to
surviving children are reduced
as a result. (2) If the benefit will begin on or after the deceased
member's retirement
eligibility date, it shall be paid under
division (F) of this section
and shall terminate as provided in
that division. A benefit paid to a
surviving spouse under
division (F) of this section shall be
determined in accordance
with that division, even if benefits paid to
surviving children
are terminated as a result.
Sec. 3307.67. (A)
Beginning April 1, 1971, and each
year
thereafter, the
The state teachers retirement board
shall
determine the
average percentage change in the consumer price
index prepared by
the United States bureau of labor statistics
(U.S. City Average
for Urban Wage Earners and Clerical Workers:
"All Items
1982-84=100") for the twelve-calendar-month
period
prior
to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a determination by the board in any year that the
change
in the consumer price index is
an increase or that the change plus
the
accumulation described in division (B) of this section is an
increase, the board shall
annually increase each allowance or
benefit payable under
sections 3307.50 to 3307.79 of the Revised
Code by
a percentage
equal to the percentage increase in the
consumer
price index or to that increase plus the accumulation,
except that the
increase shall not exceed three per cent
and,
except
that no allowance or benefit shall exceed the limit
established by section
415 of the
"Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. 415,
as amended.
The first increase is payable to all persons becoming
eligible after June 30, 1971, upon such persons receiving an
allowance or benefit for twelve months. The increased
amount is
payable for the ensuing twelve-month period or until
the next
increase is granted under this section, whichever is
later.
Subsequent increases shall be determined from the date of
the
first increase paid to the former member in the case of an
allowance being paid a beneficiary under an option, or from the
date of the first increase to the survivor first receiving an
allowance or benefit in the case of an allowance or benefit being
paid to the subsequent survivors of the former member. The date of the first increase under this section
becomes the
anniversary date for any future increases. The allowance or benefit used in the first calculation of
an
increase under this section shall remain as the base for all
future increases, unless a new base is established. (B)
Any percentage of change in the consumer price index in
any
year that is in excess of three per cent shall be accumulated
and used to
determine increases under this section in subsequent
years. Any percentage of
change in the consumer price index
accumulated by an
eligible person prior to
September 27, 1996,
shall be used in
determining any future increases under this
section. (C) The board shall make all rules necessary to carry out
this
section.
Sec. 3309.374. (A)
Beginning April 1, 1971, and each year
thereafter, the
board of the
The school employees retirement
system
shall determine
the average percentage change in the
consumer
price index
prepared by the United States bureau of labor
statistics (U.S.
City Average for Urban Wage Earners and Clerical
Workers: "All
Items 1982-84=100") for the twelve-calendar-month
period
prior to
the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a determination by the board in any year that the
change
in the consumer price index is an
increase or that the change plus
the accumulation described in division
(B) of this section is an
increase, the board shall
annually increase each
allowance,
pension, or
benefit payable under this chapter by
a percentage
equal to the
percentage increase in the consumer price index or to
that
increase plus the accumulation, except that the increase
shall not
exceed
three per cent
and, except that no allowance,
pension, or benefit
shall
exceed the limit established by section
415 of the
"Internal
Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A. 415,
as
amended.
The first increase is payable to all persons becoming
eligible after June 30, 1971, upon such persons receiving an
allowance, pension, or benefit for twelve months. The increased amount is payable for the ensuing
twelve-month
period or until the next increase is granted under
this section,
whichever is later. Subsequent increases shall be
determined from
the date of the first increase paid to the former
member in the
case of an allowance being paid a beneficiary under
an option, or
from the date of the first increase to the survivor
first
receiving an allowance or benefit in the case of an
allowance or
benefit being paid to the subsequent survivors of
the former
member. The date of the first increase under this section
becomes the
anniversary date for any future increases. The allowance or benefit used in the first calculation of
an
increase under this section shall remain as the base for all
future increases, unless a new base is established. Any increase
resulting
from payment of a recalculated benefit under Section 3
of
Substitute Senate Bill No. 270 of the
123rd
general assembly
shall be included in the calculation of
future increases under
this section. (B)
Any percentage of change in the consumer price index in
any
year that is in excess of three per cent shall be accumulated
and used to
determine increases under this section in subsequent
years. Any percentage of
change in the consumer price index
accumulated by an
eligible person prior to
September 27, 1996,
shall be used in
determining any future increases under this
section. (C) The board shall make all rules necessary to carry out
this
section.
Sec. 5505.174. (A) The following persons are eligible to
receive an
additional benefit
increase under this section: (1) Persons fifty-three years old or older who have been
receiving
pensions pursuant to division (B) of section 5505.16,
division (A)(1) of section 5505.17, or division (B) of section
5505.18 of the
Revised Code for not less than twelve months; (2) Persons who have been receiving
pensions pursuant to
division (B) of section 5505.18 of the
Revised Code for not less
than sixty months regardless of age; (3) Persons who have been receiving pensions pursuant to
section 5505.162 or
division (A)(3),
(4), (5), (6), or (7) of
section 5505.17 of the Revised Code for not less than
twelve
months regardless of age. (B)
On the fifteenth day of September of each year, the
The
state highway patrol retirement board shall
determine the
average
percentage change in the consumer price index
prepared
by the
United States bureau of labor statistics (U.S. City
Average for
Urban Wage Earners and Clerical Workers:
"All Items
1982-84=100")
for the twelve-month period prior to the first day
of January over
the next preceding twelve-calendar-month period,
as reported by
the bureau. Upon a determination by the board
that the change is
an increase
or that the
change plus the accumulation described in
division (C) of this
section is an increase, the board shall
annually increase each
benefit payable under
this chapter by
a
percentage equal to the percentage increase in the
consumer
price
index or to that increase plus the accumulation, except that the
increase shall not exceed
three per cent
and,
except that no
benefit shall exceed
the
limit established by section 415 of the
"Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 415,
as amended. For each person eligible to receive the additional
benefit
under this section, the accumulation shall commence on
the later
of May 6, 1988, or the effective date of the pension
the person
receives.
The first
additional benefit
increase is payable to all
persons
becoming eligible on or after November 18, 1981. The
additional benefit
increase is payable for each ensuing
twelve-month
period or until the next increase is granted under
this section,
whichever is later. The date of the first
additional benefit
increase paid under
this
section shall be the anniversary date for future
additional
benefits
increases. The pension used in the first calculation
of
an
additional benefit
increase under this section shall
remain as
the
base for all future
additional benefits
increases paid under
this section,
unless a new base is established. Additional benefits
Increases paid in years subsequent to the
year of
the first
additional benefit
increase paid under this
section
shall be
paid to all persons who, on the date that the
additional benefit
increase
is authorized by the board, are
eligible
for the benefit as provided in
this
section.
(C)
Any percentage of change in the consumer price index in
any
year that is in excess of three per cent shall be accumulated
and used to
determine increases under this section in subsequent
years. Any percentage of
change in the consumer price index
accumulated by an eligible person prior to
the effective date of
this amendment shall be used in determining any future
increases
under this section. (D) The board shall adopt, and may amend or rescind, any
rule
necessary to carry out this section.
The board shall adopt, and may amend or rescind, any rule
necessary to carry out this section.
Section 2. That existing sections 145.297, 145.323, 742.37,
742.3711,
742.3716,
742.3717, 742.3718, 742.63, 3307.67, 3309.374,
and
5505.174 and section 742.3720 of the Revised
Code are hereby
repealed.
Section 3. Section 742.63 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Sub.
H.B. 222 and Am. Sub. H.B. 283 of the 123rd General Assembly. The
General Assembly, applying the
principle stated in division (B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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