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(124th General Assembly)(Substitute House Bill Number 158)
AN ACT
To amend sections 145.01, 145.19, 145.191, 145.321,
145.33, 145.35, 145.40, 145.45,
145.49, and
3309.312 of the
Revised Code to permit certain
Public Employees Retirement System (PERS) members
with
at least 25 years of law enforcement service
credit to retire with full
benefits at age 48 and
increase the employee contribution rate for those
members, to
include regional transit authority and
highway patrol police officers
as
law enforcement
officers for PERS purposes, and
to make survivors
of PERS law enforcement officers eligible for
benefits regardless of the length of the officer's
PERS membership.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 145.01, 145.19, 145.191, 145.321,
145.33, 145.35, 145.40, 145.45,
145.49,
and 3309.312 of the
Revised Code be amended to read as
follows:
Sec. 145.01. As used in this chapter: (A) "Public employee" means: (1) Any person holding an office, not elective, under the
state or any
county, township, municipal corporation, park
district, conservancy district,
sanitary district, health
district, metropolitan housing authority, state
retirement board,
Ohio historical society, public library, county law library,
union
cemetery, joint hospital, institutional commissary, state
university, or
board, bureau, commission, council, committee,
authority, or administrative
body as the same are, or have been,
created by action of the general assembly
or by the legislative
authority of any of the units of local government named
in
division (A)(1) of this section, or employed and
paid in whole or
in part by the state or any
of the authorities named in division
(A)(1) of this
section in any capacity not covered by
section
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. (2) A person who is a member of the public employees
retirement system
and who
continues to perform the same or similar
duties under the direction of a
contractor who has contracted to
take over what before the date of the
contract was a publicly
operated function. The governmental unit with which
the contract
has been made shall be deemed the employer for the purposes of
administering this chapter. (3) Any person who is an employee of a public employer,
notwithstanding that
the person's compensation for that employment
is derived from funds of a
person or entity other than the
employer. Credit for such service shall be
included as total
service credit, provided that the employee makes the
payments
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code. (4) A person who elects in accordance with section 145.015
of the Revised
Code to remain a contributing member of the public
employees retirement
system. In all cases of doubt, the public employees retirement board
shall determine
whether any person is a public employee, and its
decision is final. (B) "Member" means any public employee, other than a public
employee excluded
or exempted from membership in the retirement
system by section 145.03,
145.031, 145.032, 145.033, 145.034,
145.035, or 145.38 of the Revised Code.
"Member" includes a PERS
retirant who becomes a member under division
(C) of section 145.38
of the Revised Code. "Member" also includes a
disability benefit
recipient. (C) "Head of the department" means the elective or
appointive head of the
several executive, judicial, and
administrative departments, institutions,
boards, and commissions
of the state and local government as the same are
created and
defined by the laws of this state or, in case of a charter
government, by that charter. (D) "Employer" or "public employer" means the state or any
county, township,
municipal corporation, park district,
conservancy district, sanitary district,
health district,
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union
cemetery, joint
hospital, institutional commissary, state medical
college, state university,
or board, bureau, commission, council,
committee, authority, or administrative
body as the same are, or
have been, created by action of the general assembly
or by the
legislative authority of any of the units of local government
named
in this division not covered by section 742.01, 3307.01,
3309.01, or 5505.01 of the Revised
Code. In addition, "employer"
means the employer of any public employee. (E) "Prior service" means all service as a public employee
rendered before
January 1, 1935, and all service as an employee of
any employer who comes
within the state teachers retirement system
or of the school employees
retirement system or of any other
retirement system established under the laws
of this state
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that
other system
after that other system was established, credit for
the service may be allowed
by the public employees retirement
system only when the employee has made
payment, to be computed on
the salary earned from the date of appointment to
the date
membership was established in the public employees retirement
system,
at the rate in effect at the time of payment, and the
employer has made
payment of the corresponding full liability as
provided by section 145.44 of
the Revised Code. "Prior service"
also means all service credited for active
duty with the armed
forces of the United States as provided in section 145.30
of the
Revised Code. If an employee who has been granted prior service credit by
the public
employees retirement system for service rendered prior
to January 1, 1935, as
an employee of a board of education
establishes, before retirement, one year
or more of contributing
service in the state teachers retirement system or
school
employees retirement system, then the prior service ceases to be
the
liability of this system. If the board determines that a position of any member in any
calendar year
prior to January 1, 1935, was a part-time position,
the board shall determine
what fractional part of a year's credit
shall be allowed by the following
formula: (1) When the member has been either elected or appointed to
an office the
term of which was two or more years and for which an
annual salary is
established, the fractional part of the year's
credit shall be computed as
follows: First, when the member's annual salary is one thousand
dollars or less, the
service credit for each such calendar year
shall be forty per cent of a year. Second, for each full one hundred dollars of annual salary
above one thousand
dollars, the member's service credit for each
such calendar year shall be
increased by two and one-half per
cent. (2) When the member is paid on a per diem basis, the service
credit for any
single year of the service shall be determined by
using the number of days of
service for which the compensation was
received in any such year as a
numerator and using two hundred
fifty days as a denominator. (3) When the member is paid on an hourly basis, the service
credit for any
single year of the service shall be determined by
using the number of hours of
service for which the compensation
was received in any such year as a
numerator and using two
thousand hours as a denominator. (F) "Contributor" means any person who has an account in the
employees'
savings fund created by section 145.23 of the Revised
Code. When used in
the sections listed in division (B) of section
145.82 of the
Revised Code, "contributor" includes any person
participating in a plan established under section 145.81 of the
Revised Code. (G) "Beneficiary" or "beneficiaries" means the estate or a
person or persons
who, as the result of the death of a member,
contributor, or retirant, qualify
for or are receiving some right
or benefit under this chapter. (H)(1) "Total service credit," except as provided in section
145.37 of the
Revised Code, means all service credited to a member
of the retirement system
since last becoming a member, including
restored service credit as provided by
section 145.31 of the
Revised Code; credit purchased under sections 145.293
and 145.299
of the Revised Code; all the member's prior service credit; all
the member's military service credit computed as provided in this
chapter; all
service credit established pursuant to section
145.297 of the Revised Code;
and any other service credited under
this chapter. In addition, "total
service credit" includes any
period, not in excess of three years, during
which a member was
out of service and receiving benefits under Chapters 4121.
and
4123. of the Revised Code. For the exclusive purpose of
satisfying the
service credit requirement and of determining
eligibility for benefits under
sections 145.32, 145.33, 145.331,
145.35, 145.36, and 145.361 of the Revised
Code, "five or more
years of total service credit" means sixty or more
calendar months
of contributing service in this system. (2) "One and one-half years of contributing service
credit,"
as used in division (B) of section 145.45 of the Revised
Code,
also means eighteen or more calendar months of employment
by a
municipal corporation that formerly operated its own
retirement
plan for its employees or a part of its employees,
provided that
all employees of that municipal retirement plan who have
eighteen
or more months of such employment, upon
establishing membership in
the public employees retirement
system, shall make a payment of
the contributions they would have paid
had they been members of
this system for the eighteen months of
employment preceding the
date membership was established. When
that payment has been made
by all such employee
members, a
corresponding payment shall be
paid into the employers'
accumulation fund by that municipal
corporation as the employer
of the employees. (3) Where a member also is a member of the state teachers
retirement system
or the school employees retirement system, or
both, except in cases of
retirement on a combined basis pursuant
to section 145.37 of the Revised Code
or as provided in section
145.383 of the Revised Code,
service credit for any period shall
be credited on the basis of the ratio that
contributions to the
public employees retirement system
bear to total
contributions in
all state retirement systems. (4) Not more than one year of credit may be given for any
period of twelve
months. (5) "Ohio service credit" means credit for service that was
rendered to the
state or any of its political subdivisions or any
employer. (I) "Regular interest" means interest at any rates for the
respective funds and accounts as the public employees retirement
board may
determine from time to time. (J) "Accumulated contributions" means the sum of all
amounts
credited to a contributor's individual account in the
employees'
savings fund together with any interest
credited to the
contributor's account under section 145.471 or 145.472 of the
Revised Code. (K)(1) "Final average salary" means the quotient obtained
by
dividing by three the sum of the three full calendar years of
contributing service in which the member's earnable salary was
highest, except that if the member has a partial year of
contributing service in the year the member's employment
terminates and the member's earnable salary for the partial year
is higher
than for any comparable period in the three years, the
member's earnable
salary for the partial year shall be substituted
for the member's earnable
salary for the comparable period during
the three years in which the member's
earnable salary was lowest. (2) If a member has less than three years of contributing
service, the
member's final average salary shall be the member's
total earnable salary
divided by the total number of years,
including any fraction of a year, of the
member's contributing
service. (3) For the purpose of calculating benefits payable to a
member qualifying for service credit under division (Z) of this
section, "final average salary" means the total earnable salary
on
which contributions were made divided by the total number of
years
during which contributions were made, including any
fraction of a
year. If contributions were made for less than
twelve months,
"final average salary" means the member's total
earnable salary. (L) "Annuity" means payments for life derived from
contributions made by a
contributor and paid from the annuity and
pension reserve fund as provided in
this chapter. All annuities
shall be paid in twelve equal monthly
installments. (M) "Annuity reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any annuity, or benefit
in lieu of any annuity, granted to a
retirant as provided in this
chapter. (N)(1) "Disability retirement" means retirement as provided
in section 145.36
of the Revised Code. (2) "Disability allowance" means an allowance paid on
account of disability
under section 145.361 of the Revised Code. (3) "Disability benefit" means a benefit paid as disability
retirement under
section 145.36 of the Revised Code, as a
disability allowance under section
145.361 of the Revised Code, or
as a disability benefit under section 145.37
of the Revised Code. (4) "Disability benefit recipient" means a member who is
receiving a
disability benefit. (O) "Age and service retirement" means retirement as
provided in sections
145.32, 145.33, 145.331, 145.34, 145.37, and
145.46 of the Revised Code. (P) "Pensions" means annual payments for life derived from
contributions made
by the employer that at the time of retirement
are credited into the annuity
and pension reserve fund from the
employers' accumulation fund and paid from
the annuity and pension
reserve fund as provided in this chapter. All
pensions shall be
paid in twelve equal monthly installments. (Q) "Retirement allowance" means the pension plus that
portion of the benefit
derived from contributions made by the
member. (R)(1) Except as otherwise provided in division (R)
of this
section, "earnable salary" means
all salary, wages, and other
earnings paid to a contributor by reason of
employment in a
position covered by the retirement system. The salary, wages,
and
other earnings shall be determined prior to determination of the
amount
required to be contributed to the employees' savings fund
under section 145.47
of the Revised Code and without regard to
whether any of the salary, wages, or
other earnings are treated as
deferred income for federal income tax
purposes. "Earnable
salary" includes the following: (a) Payments made by the employer in lieu of salary, wages,
or other earnings
for sick leave, personal leave, or vacation used
by the contributor; (b) Payments made by the employer for the conversion of sick
leave, personal
leave, and vacation leave accrued, but not used if
the payment is made
during
the year in which the leave is accrued,
except that payments made pursuant to
section 124.383 or 124.386
of the Revised Code are not earnable salary; (c) Allowances paid by the employer for full maintenance,
consisting of
housing, laundry, and meals, as certified to the
retirement board by the
employer or the head of the department
that employs the contributor; (d) Fees and commissions paid under section 507.09 of the
Revised Code; (e) Payments that are made under a disability leave program
sponsored by the
employer and for which the employer is required
by section 145.296 of the
Revised Code to make periodic employer
and employee contributions; (f) Amounts included pursuant to divisions (K)(3) and (Y) of
this section. (2) "Earnable salary" does not include any of the following: (a) Fees and commissions, other than those paid under
section 507.09 of the
Revised Code, paid as sole compensation for
personal services and fees and
commissions for special services
over and above services for which the
contributor receives a
salary; (b) Amounts paid by the employer to provide life insurance,
sickness,
accident, endowment, health, medical, hospital, dental,
or surgical coverage,
or other insurance for the contributor or
the contributor's family, or amounts
paid by the employer to the
contributor in lieu of providing the insurance; (c) Incidental benefits, including lodging, food, laundry,
parking, or
services furnished by the employer, or use of the
employer's property or
equipment, or amounts paid by the employer
to the contributor in lieu of
providing the incidental benefits; (d) Reimbursement for job-related expenses authorized by the
employer,
including moving and travel expenses and expenses
related to professional
development; (e) Payments for accrued but unused sick leave, personal
leave, or
vacation
that are made at any time other than in the
year in which the sick leave,
personal leave, or vacation was
accrued; (f) Payments made to or on behalf of a contributor that are
in excess of the
annual compensation that may be taken into
account by the retirement system
under division (a)(17) of section
401 of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26
U.S.C.A. 401(a)(17), as amended; (g) Payments made under division (B) or (D) of section
5923.05 of the Revised
Code or Section 4 of Substitute Senate Bill
No. 3 of the 119th general
assembly; (h) Anything of value received by the contributor that is
based on or
attributable to retirement or an agreement to retire,
except that payments
made on or before January 1, 1989, that are
based on or attributable to an
agreement to retire shall be
included in earnable salary if both of the
following apply: (i) The payments are made in accordance with contract
provisions that were in
effect prior to January 1, 1986; (ii) The employer pays the retirement system an amount
specified by the
retirement board equal to the additional
liability resulting from the
payments. (3) The retirement board shall determine by rule whether any
compensation not
enumerated in division (R) of this section is
earnable salary, and its decision shall be
final. (S) "Pension reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any retirement allowance
or benefit in lieu of any retirement
allowance, granted to a
member or beneficiary under this chapter. (T)(1) "Contributing service" means all service credited to
a member of the
system since January 1, 1935, for which
contributions are made as required by
sections 145.47, 145.48, and
145.483 of the Revised Code. In any year
subsequent to 1934,
credit for any service shall be allowed by the following
formula: (a) For each month for which the member's earnable salary is
two hundred
fifty dollars or more, allow one month's credit. (b) For each month for which the member's earnable salary is
less than two
hundred fifty dollars, allow a fraction of a month's
credit. The numerator of
this fraction shall be the earnable
salary during the month, and the
denominator shall be two hundred
fifty dollars, except that if the member's
annual earnable salary
is less than six hundred dollars, the member's credit
shall not be
reduced below twenty per cent of a year for a calendar year of
employment during which the member worked each month.
Division
(T)(1)(b) of this section shall not
reduce any credit earned
before January 1, 1985. (2) Notwithstanding division (T)(1) of this section, an
elected official who
prior to January 1, 1980, was granted a full
year of credit for each year of
service as an elected official
shall be considered to have earned a full year
of credit for each
year of service regardless of whether the service was
full-time or
part-time. The public employees retirement board has no
authority
to reduce the credit. (U) "State retirement board" means the public employees
retirement board, the
school employees retirement board, or the
state teachers retirement board. (V) "Retirant" means any former member who retires and is
receiving a monthly
allowance as provided in sections 145.32,
145.33, 145.331, 145.34, and 145.46
of the Revised Code. (W) "Employer contribution" means the amount paid by an
employer as
determined under section 145.48 of the Revised
Code. (X) "Public service terminates" means the last day for which
a public
employee is compensated for services performed for an
employer or the date of
the employee's death, whichever occurs
first. (Y) When a member has been elected or appointed to an
office, the term of
which is two or more years, for which an
annual salary is established, and in
the event that the salary of
the office is increased and the member is denied
the additional
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect
to have the
amount of the member's contributions calculated upon
the basis of the
increased salary for the office. At the member's
request, the board shall
compute the total additional amount the
member would have contributed, or the
amount by which each of the
member's contributions would have increased, had
the member
received the increased salary for the office the member holds. If
the member elects to have the amount by which the member's
contribution would
have increased withheld from the member's
salary, the member shall notify the
employer, and the employer
shall make the withholding and transmit it to the
retirement
system. A member who has not elected to have that amount withheld
may elect at any time to make a payment to the retirement system
equal to the
additional amount the member's contribution would
have increased, plus
interest on that contribution, compounded
annually at a rate established by
the board and computed from the
date on which the last contribution would have
been withheld from
the member's salary to the date of payment. A member may
make a
payment for part of the period for which the increased
contribution was
not withheld, in which case the interest shall be
computed from the date the
last contribution would have been
withheld for the period for which the
payment is made. Upon the
payment of the increased contributions as provided
in this
division, the increased annual salary as provided by law for the
office for the period for which the member paid increased
contributions
thereon shall be used in determining the member's
earnable salary for the
purpose of computing the member's final
average salary. (Z) "Five years of service credit," for the exclusive
purpose of satisfying
the service credit requirements and of
determining eligibility for benefits
under section 145.33 of the
Revised Code, means employment covered under this
chapter or under
a former retirement plan operated, recognized, or endorsed by
the
employer prior to coverage under this chapter or under a
combination of
the coverage. (AA) "Deputy sheriff" means any person who is commissioned
and employed as a
full-time peace officer by the sheriff of any
county, and has been so employed
since on or before December 31,
1965, and whose primary duties are to preserve
the peace, to
protect life and property, and to enforce the laws of this
state;
any person who is or has been commissioned and employed as a peace
officer by the sheriff of any county since January 1, 1966, and
who has
received a certificate attesting to the person's
satisfactory completion of
the peace officer training school as
required by section 109.77 of the Revised
Code and whose primary
duties are to preserve the peace, protect life and
property, and
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of
the Revised
Code as a criminal bailiff or court constable who has
received a certificate
attesting to the person's satisfactory
completion of the peace officer
training school as required by
section 109.77 of the Revised Code and whose
primary duties are to
preserve the peace, protect life and property, and
enforce the
laws of this state. (BB) "Township constable or police officer in a township
police department or
district" means any person who is
commissioned and employed as a full-time
peace officer pursuant to
Chapter 505. or 509. of the Revised Code, who has
received a
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of
the Revised
Code, and whose primary duties are to preserve the
peace, protect life and
property, and enforce the laws of this
state. (CC) "Drug agent" means any person who is either of the
following: (1) Employed full-time as a narcotics agent by a county
narcotics agency
created pursuant to section 307.15 of the Revised
Code and has received a
certificate attesting to the satisfactory
completion of the peace officer
training school as required by
section 109.77 of the Revised Code; (2) Employed full-time as an undercover drug agent as
defined in section
109.79 of the Revised Code and is in compliance
with section 109.77 of the
Revised Code. (DD) "Department of public safety enforcement agent" means a
full-time
employee of the
department of public safety who is
designated under section 5502.14
of the Revised Code as an
enforcement agent and who is in compliance with
section 109.77
of
the Revised Code. (EE) "Natural resources law enforcement staff officer" means
a
full-time employee of the department of natural resources who is
designated a
natural resources law enforcement staff officer under
section 1501.013 of the
Revised Code
and
is in compliance with
section 109.77 of the Revised Code. (FF) "Park officer" means a full-time employee of the
department of
natural
resources who is designated a park officer
under section 1541.10 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code. (GG) "Forest officer" means a full-time employee of the
department of natural
resources who is designated a forest officer
under section 1503.29 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code. (HH) "Preserve officer" means a full-time
employee of the
department of natural resources who is
designated a preserve
officer under section 1517.10 of the
Revised
Code and is in
compliance with
section 109.77 of the Revised
Code. (II) "Wildlife officer" means a full-time employee of the
department
of
natural resources who is designated a wildlife
officer under section 1531.13
of the Revised Code and is in
compliance with section 109.77 of the Revised
Code. (JJ) "State watercraft officer" means a full-time
employee
of the department
of natural resources who is designated a state
watercraft officer under
section 1547.521 of the Revised Code and
is in compliance with section 109.77
of the Revised Code. (KK) "Park district police officer" means a full-time
employee of a park
district who is designated pursuant to section
511.232 or 1545.13 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code. (LL) "Conservancy district officer" means a full-time
employee of a
conservancy district who is designated pursuant to
section 6101.75 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code. (MM) "Municipal police officer" means a member of the
organized police
department of a municipal corporation who is
employed full-time, is in
compliance with section 109.77 of the
Revised Code, and is not a member of the
Ohio police and fire
pension fund. (NN) "Ohio veterans' home police officer" means any
person
who is employed at
the Ohio veterans' home as a police officer
pursuant to section 5907.02 of the
Revised Code and is in
compliance with section 109.77 of the Revised Code. (OO) "Special police officer for a mental health
institution" means any
person who is designated as such pursuant
to section 5119.14 of the Revised
Code and is in compliance with
section 109.77 of the Revised Code. (PP) "Special police officer for an institution for the
mentally retarded and
developmentally disabled" means any person
who is designated as such pursuant
to section 5123.13 of the
Revised Code and is in compliance with section
109.77 of the
Revised Code. (QQ) "State university law enforcement officer" means any
person who is
employed full-time as a state university law
enforcement officer pursuant to
section 3345.04 of the Revised
Code and who is in compliance with section
109.77 of the Revised
Code. (RR)
"Hamilton county municipal court bailiff" means a
person
appointed by
the clerk of courts of the Hamilton county
municipal
court under division
(A)(3) of section 1901.32 of the
Revised Code
who is employed full-time as a
bailiff or deputy
bailiff, who has
received a certificate attesting to the
person's
satisfactory
completion of the peace officer training school as
required by
division (C) of section 109.77 of the Revised Code,
and whose
primary duties are to preserve the peace, to protect
life and
property, and to
enforce the laws of this state. (SS)
"House sergeant at arms" means any person appointed by
the speaker of the house of representatives under division (B)(1)
of section 101.311 of the Revised Code who has arrest authority
under division (E)(1) of that section.
(TT)(SS) "Assistant house sergeant at arms" means any person
appointed by the house sergeant at arms under division (C)(1) of
section 101.311 of the Revised Code.
(UU)(TT) "Regional transit authority police officer" means a
person who is
employed full time as a regional transit authority
police officer under
division (Y) of section 306.35 of the Revised
Code
and is in
compliance with section 109.77 of the Revised Code.
(UU)
"State highway patrol police officer" means a special
police
officer employed full time and designated by the
superintendent of the
state highway patrol pursuant to section
5503.09 of the
Revised Code or a person serving
full time as a
special police officer pursuant to that section on a
permanent
basis on October 21, 1997, who is in compliance
with section
109.77 of the Revised Code. (VV) Notwithstanding section 2901.01 of the Revised Code,
"law enforcement
officer" means a sheriff, deputy sheriff,
township constable or police officer
in a township police
department or district, drug agent, department of public
safety
enforcement agent, natural resources law enforcement staff
officer,
park officer, forest officer, preserve officer,
wildlife
officer, state watercraft
officer, park district police officer,
conservancy district officer, Ohio
veterans' home police officer,
special police officer for a mental health
institution, special
police officer for an institution for the mentally
retarded and
developmentally disabled, state university law enforcement
officer,
Hamilton county municipal court bailiff,
municipal
police officer,
house sergeant at arms,
or assistant house
sergeant
at arms, regional transit authority police officer, or
state highway patrol police officer. (VV)(WW)
"Hamilton county municipal court
bailiff" means a
person appointed by
the clerk of courts of the Hamilton county
municipal court under
division
(A)(3) of section 1901.32 of the
Revised Code who is employed full time as a
bailiff or deputy
bailiff, who has received a certificate attesting to the
person's
satisfactory completion of the peace officer basic training
described in division (D)(1) of section 109.77 of the Revised
Code,
and whose
primary duties are to preserve the peace, to
protect
life and property, and to
enforce the laws of this state.
(XX) "Fiduciary" means a person who does any of the
following: (1) Exercises any discretionary authority or control with
respect to the
management of the system or with respect to the
management or disposition of
its assets; (2) Renders investment advice for a fee, direct or indirect,
with respect to
money or property of the system; (3) Has any discretionary authority or responsibility in the
administration
of the system. (WW)(YY) "Actuary" means an individual who satisfies all of
the
following
requirements:
(1) Is a member of the American academy of actuaries; (2) Is an associate or fellow of the society of actuaries; (3) Has a minimum of five years' experience in providing
actuarial services
to public retirement plans.
Sec. 145.19. (A) Except as provided in division (D) of
this
section, an individual who becomes a member of the
public
employees retirement system
on or after the date on which the
public employees retirement board
establishes
a plan under section
145.81
of the Revised Code shall make an election under this
section. Not later than one hundred eighty days after the date on
which
employment begins, the individual shall elect to participate
either in the
plan described in sections 145.201 to 145.79 of the
Revised
Code
or one of the plans established under section 145.81
of the
Revised Code. If a form evidencing an election
under this
section is not on file with the employer at the end of the
one-hundred-eighty-day period,
the individual is deemed to have
elected to
participate in the plan described in sections 145.201
to 145.79
of the Revised Code. (B) An election under this section shall be made in writing
on a
form provided by the retirement system and filed with the
employer's personnel officer. Not later than
ten days
after
receiving the form evidencing the election, the employer shall
transmit
to the system a copy that includes a statement certifying
that it is a true and accurate copy of the original. (C) An election under this section shall take effect on the
date
employment began and is irrevocable on receipt by the
employer. (D) An individual is ineligible to make an election under
this
section if one of the following applies: (1) At the time employment begins, the individual is already
a
member or contributor participating in the plan described in
sections
145.201 to 145.79 of the Revised Code or a PERS
retirant,
as defined in section 145.38 of the Revised Code. (2) An election to participate in an alternative retirement
plan
under section 3305.05 of the Revised Code is in effect for
employment covered by the system. (3) The individual is a
PERS law enforcement officer.
Sec. 145.191. (A) A member of the public employees
retirement
system, other than a member who is a
PERS law
enforcement
officer, who, as of the
last day of the month
immediately
preceding the date on which the
system establishes a
plan under
section 145.81
of the Revised Code, has less than five
years of
total
service credit is eligible to make an election
under this
section. Not later than one hundred eighty days after the day the
board first establishes one or more plans under section 145.81
of
the Revised Code, an eligible member may elect to
participate in
a
plan established under that section. If an election is not made,
a member
to whom this section applies
is deemed to have elected to
continue participating in the plan
described in sections 145.201
to 145.79 of the Revised
Code. (B) An election under this section shall be made in writing
on a
form provided by the system and filed with the system. (C) On receipt of an election under this section, the system
shall do both of the following: (1) Credit to the account of the member in the defined
contribution fund the accumulated contributions standing to the
member's
credit in the employees' savings fund; (2) Cancel all service credit and eligibility for any
payment,
benefit, or right under the plan described in sections
145.201 to
145.79 of the Revised Code. (D) An
election under this section shall be irrevocable on
receipt by the
system.
Sec. 145.321. On and after October 1, 1957, all persons in
receipt of, or who are or become eligible to receive, a monthly
allowance, pension, or other benefit effective prior to June 29,
1955, which is payable or becomes payable pursuant to the
provisions of sections 145.33 to 145.36 and 145.46 of the Revised
Code, or an allowance payable at any time under an option elected
by a member and effective prior to that date, shall be paid an
increased allowance, pension, or benefit as follows:
(A) An amount determined by increasing the original
allowance, pension, or benefit by the following percentages as
determined by the calendar year in which the allowance, pension,
or benefit became effective:
Calendar Year |
Per Cent |
Effective |
of Increase |
1938-39 |
100 |
1940 |
94 |
1941 |
89 |
1942 |
77 |
1943 |
70 |
1944 |
68 |
1945 |
66 |
1946 |
55 |
1947 |
35 |
1948 |
23 |
1949 |
25 |
1950 |
23 |
1951 |
8 |
1952 |
4 |
1953 |
3 |
1954 |
2 |
Prior to June 29, 1955 |
2 |
(B) If the amount of any allowance, pension, or other
benefit is increased by division (A) of this section to an amount
less than one hundred ten per cent of the present amount payable
immediately prior to October 1, 1957, the present amount shall be
increased by ten per cent.
(C) On and after August 1, 1959 the monthly allowance,
pension, or other benefit effective prior to June 29, 1955,
(exclusive of any amount receivable monthly by reason of a
voluntary deposit made for additional annuity), together with the
supplemental allowance payable pursuant to divisions (A) and (B)
of this section, shall be increased by twelve per cent.
(D) Effective November 1, 1965, the allowances of each
person who retired on or before June 30, 1955 and is receiving
age
and service or disability benefits under sections 145.32,
145.33,
145.34, and 145.36 of the Revised Code shall be increased
by one
hundred twenty dollars annually, notwithstanding the final
average
salary limitations in
division
(A)(6) of section
145.33 and
division (B) of section 145.36 of the Revised Code.
(E) Effective November 1, 1965, the allowances of each
person who retired after June 30, 1955 and on or before October
31, 1965 and is receiving age and service
or disability
benefits
under sections 145.32, 145.33, 145.34, and 145.36 of the
Revised
Code shall be increased by one hundred twenty dollars
annually,
which when added to the allowance in effect on October
31, 1965,
shall not exceed the final average salary limitations
found in
division
(A)(6) of section 145.33 and division (B)
of
section
145.36 of the Revised Code, except that the increase
shall
not be
less than seventy-two dollars annually.
(F) Beginning November 1, 1965, the monthly benefit
payable
under section 145.45 of the Revised Code shall be
increased six
dollars for each survivor beneficiary receiving a
benefit on
October 31, 1965 and for each successor to such
benefit.
For the purposes of this section: (1) The total increase
payable per month on or after November 1, 1965 to a retirant or
beneficiary from one or more state systems shall not exceed the
ten dollar increase as provided in this division, and (2) in all
cases involving combined membership and service as provided for
under section 145.37 of the Revised Code, only those cases which
are being paid by the public employees retirement system shall be
calculated under the provisions of this section.
Sec. 145.33. (A) Except as provided in division (B),
or
(C),
or (D) of
this section, a member with at least five years of
total
service
credit who has attained age sixty, or who has thirty
years
of total Ohio service credit, may apply for age and service
retirement, which shall consist of: (1) An annuity having a reserve equal to the amount of the
member's accumulated contributions at that time; (2) A pension equal to the annuity provided by division
(A)(1) of this section; (3) An additional pension, if the member can qualify for
prior service, equal to forty dollars multiplied by the number of
years, and fraction thereof, of such prior and military service
credit; (4) A basic annual pension equal to one hundred eighty
dollars if the member has ten or more years of total service
credit as of October 1, 1956, except that the basic annual
pension
shall not exceed the sum of the annual benefits provided
by
divisions (A)(1), (2), and (3) of this section. (5) When a member retires on age and service retirement,
the
member's total annual single lifetime allowance,
including the
allowances provided in divisions (A)(1), (2), (3), and (4) of
this
section, shall be not less than a base amount adjusted in
accordance with division (A)(5) of this section
and determined by
multiplying the
member's total service credit by the greater of
the following: (a) Eighty-six dollars; (b) Two and two-tenths per cent of the member's final
average salary
for each of the first thirty years of service plus
two and
one-half per cent of the member's final average salary for
each subsequent year of service. The allowance shall be adjusted by the factors of attained
age or years of service to provide the greater amount as
determined by the following schedule:
| | Years of | | Percentage |
Attained | or | Total Service | | of |
Birthday | | Credit | | Base Amount |
58 | | 25 | | 75 |
59 | | 26 | | 80 |
60 | | 27 | | 85 |
61 | | | | 88 |
| | 28 | | 90 |
62 | | | | 91 |
63 | | | | 94 |
| | 29 | | 95 |
64 | | | | 97 |
65 | | 30 or more | | 100 |
Members shall vest the right to a benefit in accordance
with
the following schedule, based on the member's attained age
by
September 1, 1976:
| | | Percentage |
| Attained | | of |
| Birthday | | Base Amount |
| 66 | | 102 |
| 67 | | 104 |
| 68 | | 106 |
| 69 | | 108 |
| 70 or more | | 110 |
(6) The total annual single lifetime allowance that a
member
shall receive under division (A)(5) of this section shall
not
exceed the lesser of one hundred per cent of the
member's final
average salary or the limit established by section 415 of the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,
as amended. (B)(1) For the purposes of divisions (B) to
(F)(H) of
this
section,
"total service credit as a
PERS law enforcement officer"
includes
and "total service credit as a Hamilton county municipal
court bailiff" include
credit for military service to the extent
permitted by
division
(F)(2) of this section and credit for
service as a police
officer or state
highway patrol trooper to the
extent permitted by
division
divisions (F)(3)
and (4) of
this
section. (2) A member who meets the conditions in division
(B)(2)(a),
(b),
or (c), or (d) of
this section may apply for an age and
service
retirement benefit under this
division: (a)
Except as provided in division
(B)(2)(b) of this
section,
The member has attained age
forty-eight and has at least
twenty-five years of
total service
credit as
a
PERS
law
enforcement officer
and has
attained age
fifty-two
whose primary
duties were to preserve the peace, protect
life and property, and
enforce the laws in the member's
jurisdiction; (b)
Has
The member has attained age
fifty-two, and has at
least twenty-five years of total service
credit
as a
PERS law
enforcement officer
while serving as a sheriff,
deputy
sheriff, or
township con stable or police officer in a
township
police
department or
district
and has attained age
forty-eight, but the
member's primary duties were other
than to preserve the peace,
protect life and property, and enforce
the laws in the member's
jurisdiction; (c) The member has attained age fifty-two and has at least
twenty-five years of total service as a Hamilton county municipal
court bailiff; (c) Has
(d) The member has attained age sixty-two and has at
least fifteen years of total
service credit as
a
either of the
following:
(i) A PERS
law
enforcement officer
and has attained age
sixty-two; (ii) A Hamilton
county municipal court bailiff. (3) A benefit paid under division (B)(2) of this section
shall
consist of an annual single lifetime allowance equal to the
sum
of
two and one-half per cent of the member's final average
salary
multiplied by the first twenty-five years of the member's
total
service plus two and one-tenth per cent of the member's
final
average salary multiplied by the number of years of the
member's
total service credit in excess of
twenty-five years. (C)(4) A member with at least fifteen years of total service
credit as a
PERS law enforcement
officer
or Hamilton county
municipal court bailiff who voluntarily resigns or is
discharged
for any
reason except death, dishonesty, cowardice,
intemperate
habits, or conviction of a felony may apply for an
age
and service
retirement benefit, which shall consist of an
annual
single
lifetime allowance equal to one and one-half per
cent of
the
member's final average salary multiplied by the
number of
years of
the member's total service credit. The
allowance shall
commence
on the first day of the calendar month
following the
month in
which the application is filed with the
public employees
retirement board on or after the attainment by
the applicant of
age fifty-two.
(D)(C)(1) A member with at least
twenty-five years of total
service credit
as a law
enforcement officer other than as a law
enforcement officer eligible for a
benefit under division
(B)(2)(b) of this section
who
would be eligible to retire under
division (B)(2)(b) or (c) of this section had the member
attained
age fifty-two and who voluntarily resigns or
is
discharged
for any
reason
except death, dishonesty,
cowardice,
intemperate
habits, or
conviction of a felony, on
or after the
date of
attaining
forty-eight years of
age, but before the date of
attaining
fifty-two years
of age, may elect to receive a reduced
benefit as
determined by the following
schedule:
| Attained Age | | Reduced Benefit |
| 48 | | 75% of the benefit payable under |
| | | division (B)(3) of this section |
| 49 | | 80% of the benefit payable under |
| | | division (B)(3) of this section |
| 50 | | 86% of the benefit payable under |
| | | division (B)(3) of this section |
| 51 | | 93% of the benefit payable under |
| | | division (B)(3) of this section |
(2) If a member elects to receive a reduced benefit
after
attaining age forty-eight the reduced benefit is payable from the
later of the
date of the member's most
recent birthday or the date
the
member becomes eligible to receive the reduced benefit. (3) Once a member elects to receive a reduced benefit
determined by the schedule in division
(D)(C)(1) of this
section
and
has received a payment, the
member may not reelect to change
that
election. (4) If a member who has resigned or been discharged has left
on
deposit the member's accumulated contributions in the
employees' savings
fund and has not elected to receive a reduced
benefit determined
by the schedule in division
(D)(C)(1) of this
section, upon
attaining fifty-two years of age, the member shall
be entitled to receive a
benefit computed and paid under division
(B)(3) of this
section. (E)(D) A benefit paid under division (B),
or
(C), or (D) of
this
section shall not exceed the lesser of
ninety per cent of the
member's final average salary or the limit established
by section
415 of the
"Internal Revenue Code of
1986," 100 Stat. 2085, 26
U.S.C.A. 415, as amended.
(F)(E)(1) A member with service credit as a
PERS law
enforcement
officer
or a Hamilton county municipal court bailiff
and other service credit under this chapter
may elect one
of the
following:
(a) To have all the member's service credit under this
chapter,
including credit for service as a
PERS law enforcement
officer
or Hamilton county municipal court bailiff, used
in
calculating a retirement allowance under division
(A) of this
section if the member qualifies for an allowance under
that
division; (b) If the member qualifies for an allowance under division
(B)(2)(a) or
(c), (C), or (D) of this section, to
have the
member's service credit as a
PERS law enforcement
officer
or
Hamilton county municipal court bailiff used in
calculating a
benefit under
that
the appropriate division and
the member's
credit
for all service other than
PERS law enforcement
service
or
service as a Hamilton county municipal court bailiff under this
chapter used in calculating a benefit
consisting of a single life
annuity having a reserve equal to the
amount of the member's
accumulated contributions and an
equal amount of the employer's
contributions; (c) If the member qualifies for an allowance under division
(B)(2)(b) of this section, to
have the member's service credit as
a law enforcement officer
while serving as a sheriff, deputy
sheriff, or township constable
or police officer in a township
police department or district used
in calculating a benefit under
division (B)(2)(b) of this section
and the member's credit for all
other service under this chapter used in
calculating a benefit
consisting of a single life annuity having a
reserve equal to the
amount of the member's accumulated
contributions and an equal
amount of the employer's contributions.
(2) Notwithstanding sections 145.01 and 145.30 of the
Revised Code, no more than four years of military service credit
granted under section 145.30 of the Revised Code and five years
of
military service credit purchased under section 145.301 or 145.302
of the
Revised Code shall be used in calculating service as a
PERS
law
enforcement officer
or Hamilton county municipal court bailiff
or the total service credit of that person. (3) Only credit for the member's service as a
PERS law
enforcement
officer or service credit obtained as a police officer
or state
highway patrol trooper shall be used in computing the
benefits
benefit of a member who qualifies for a benefit
under
division (B), (C),
(2)(a), (b), or (d)(ii) or
(D)(4) or division
(C) of
this
section
for the
following: (a) Any person who originally is commissioned and employed
as a deputy sheriff by the sheriff of any county, or who
originally is elected
sheriff, on or after January 1, 1975; (b) Any deputy sheriff who originally is employed as a
criminal bailiff
or court constable on or after April 16, 1993; (c) Any person who originally is appointed as a township
constable or police officer in a township police department or
district on or after January 1, 1981; (d) Any person who originally is employed as a county
narcotics agent on or after September 26, 1984; (e) Any person who originally is employed as an undercover
drug agent as defined in section 109.79 of the Revised Code,
department of public safety enforcement agent who prior to June
30, 1999, was a liquor
control investigator, park officer,
forest
officer, wildlife officer,
state watercraft officer, park district
police
officer, conservancy district officer, Ohio veterans' home
police officer, special police officer for a mental health
institution,
special police officer for an institution for the
mentally retarded
and developmentally disabled, or municipal
police officer on or
after December 15, 1988; (f) Any person who originally is employed as a state
university
law enforcement officer on or after
November 6, 1996; (g)
Any person who originally is employed as a Hamilton
county municipal court bailiff on or after
November 6, 1996; (h) Any person who is originally employed as a state
university law
enforcement officer by the university of Akron on
or after September
16, 1998;
(i)(h) Any person who originally is employed as a preserve
officer
on or after March
18, 1999;
(j)(i) Any person who originally is employed as a natural
resources
law enforcement staff officer on or after March 18,
1999;
(k)(j) Any person who is originally employed as a department
of
public safety enforcement agent on or after June 30,
1999;
(l)(k) Any person who is originally employed as a house
sergeant at arms or assistant house sergeant at arms on or after
the effective date of this amendment
September 5, 2001;
(l)
Any person who is originally appointed as a regional
transit authority police officer or state highway patrol police
officer on or after the effective date of this amendment.
(4) Only credit for a member's service as a Hamilton county
municipal court bailiff or service credit obtained as a PERS law
enforcement officer, police officer, or state highway patrol
trooper shall be used in computing the benefit of a member who
qualifies for a benefit under division (B)(2)(c) or (d)(ii) or (4)
or
division (C) of
this
section for any person who originally is
employed as a
Hamilton
county municipal court bailiff on or after
November 6,
1996.
(G) Retirement allowances determined under this section
shall be paid as provided in section 145.46 of the Revised Code. (H) For the purposes of this section, service prior to
June
30, 1999,
as a food stamp trafficking agent under
former section
5502.14 of the Revised Code shall be considered service as a
law
enforcement
officer. Sec. 145.35. (A) As used in this section,
"on-duty
illness
or injury" means an illness or injury that occurred
during or
resulted from performance of duties under the direct
supervision
of a member's appointing authority. (B) The public employees retirement system shall provide
disability coverage to each member who has at least five years of
total service credit and disability coverage for on-duty illness
or injury to each member who is a
PERS law enforcement officer
or
Hamilton county municipal court bailiff,
regardless of length of
service. Not later than October 16, 1992, the public employees
retirement board shall give each person who is a member on July
29, 1992,
the opportunity to elect disability coverage either
under section 145.36 of
the Revised Code or under section 145.361
of the Revised Code. The board
shall mail notice of the election,
accompanied by an explanation
of the coverage under each of the
Revised Code sections and a
form on which the election is to be
made, to each member at the
member's
last known address. The
board shall also provide the explanation
and form to any member on
request. Regardless of whether the member actually receives notice of
the right to make an election, a member who fails to file a
valid
election under this section shall be considered to have
elected
disability coverage under section 145.36 of the Revised
Code. To
be valid, an election must be made on the form provided
by the
retirement board, signed by the member, and filed with the
board
not later than one hundred eighty days after the date the
notice
was mailed, or, in the case of a form provided at the
request of a
member, a date specified by rule of the retirement
board. Once
made, an election is irrevocable, but if the member
ceases to be a
member of the retirement system, the election is
void. If a
person who makes an election under this section also
makes an
election under section 3307.62 or 3309.39 of
the Revised
Code, the
election made for the system that pays a disability
benefit to
that person shall govern the benefit. Disability coverage shall be provided under section 145.361
of the Revised Code for persons who become members after July
29,
1992,
and for members who elect under this division to be covered
under section
145.361 of the Revised Code. The retirement board may adopt rules governing elections
made
under this division. (C) Application for a disability benefit may be made by a
member, by a person acting in the member's behalf, or by the
member's
employer, provided the member has disability coverage
under
section 145.36 or 145.361 of the Revised Code and is not
receiving a disability benefit under any other Ohio state or
municipal retirement program. Application must be made within
two
years from the date the member's contributing service
terminated,
unless the retirement board determines that the
member's medical
records demonstrate conclusively that at the
time the two-year
period expired, the member was physically or
mentally
incapacitated for duty and unable to make an
application.
Application may not be made by or for any person
receiving age and
service retirement benefits under section
145.33, 145.331, 145.34,
or 145.37 of the Revised Code or any
person who, pursuant to
section 145.40 of the Revised Code, has
been paid the accumulated
contributions standing to the credit of
the person's individual
account in the employees' savings
fund. The application shall be
made on a form provided by the retirement
board. (D) The benefit payable to any member who is approved for
a
disability benefit shall become effective on the first day of
the
month immediately following the later of the following: (1) The last day for which compensation was paid; (2) The attainment of eligibility for a disability
benefit. (E) Medical examination of a member who has applied for
a
disability benefit shall be conducted by a competent
disinterested
physician or physicians selected by the board to
determine whether
the member is mentally or physically
incapacitated for the
performance of duty by a disabling
condition either permanent or
presumed to be permanent.
The disability must have occurred since
last becoming a member or
have increased since last becoming a
member to such extent as to
make the disability permanent or
presumed to be permanent. A
disability is presumed to be
permanent if it is expected to last
for a continuous period of not
less than twelve months following
the filing of the application. If the physician or physicians determine that the member
qualifies for a disability benefit, the board concurs with
the
determination, and the member agrees to medical
treatment as
specified in division (F) of this section,
the member shall
receive a disability benefit
under section 145.36 or 145.361 of
the Revised Code. The action
of the board shall be final. (F) The public employees retirement board shall adopt
rules
requiring a disability
benefit recipient, as a condition of
continuing to receive a disability
benefit, 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 benefit recipient is not
obtaining
the medical treatment or the board does not receive a required
medical report, the disability benefit 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. (G) In the event an employer files an application for a
disability benefit as a result of a member having been separated
from service because the member is considered to be mentally
or
physically incapacitated for the performance of the
member's
present duty,
and the physician or physicians selected by the
board reports to
the board that the member is physically and
mentally capable of
performing service similar to that from which
the member was
separated
and the board concurs in the report, the
board shall so certify
to the employer and the employer shall
restore the member to the
member's
previous position and salary or
to a similar position and salary. Sec. 145.40. (A)(1) Subject to the provisions of section
145.57
of the Revised Code and except as provided in division (B)
of this
section, if a member elects to become exempt from
contribution to the public employees retirement system pursuant
to
section 145.03 of the Revised Code or ceases to be a public
employee for any cause other than death, retirement, receipt
of a
disability benefit, or current employment in a
position in which
the member has elected to participate in an alternative
retirement
plan under section 3305.05 of the Revised Code, upon application
the public employees
retirement board shall pay the member the
member's accumulated
contributions, plus any applicable amount
calculated under section 145.401 of the Revised Code, provided
that all the
following apply: (a) Three months have elapsed since the
member's public
service,
other than service exempted from contribution pursuant to
section
145.03 of the Revised Code, was terminated; (b) The member has not returned to public service, other
than service exempted from contribution pursuant to section
145.03
of the Revised Code, during that three-month period; (c) The member is not a member of the school employees
retirement system or the state teachers retirement system. The payment of such accumulated contributions shall cancel
the total service credit of such member in the public employees
retirement system. (2)
Notwithstanding
division (A)(1)
of this
section,
division
(B) of section 145.401 of the Revised Code, and
the
definition of
"accumulated
contributions" in division (J) of
section 145.01 of
the Revised Code, the
accumulated
contributions
paid to a member
under this division for service as a
sheriff,
deputy sheriff, or
township constable or police officer in a
township police
department or
district
shall not include
interest
credited to the
member's
account under
section 145.471 or
145.472
of the Revised
Code, nor
shall the
member be paid any
amount
calculated under
section
145.401 of the
Revised Code.
(3) A member described in division (A)(1) of this
section
who is married at the time of application for payment and is
eligible for age
and service retirement under section 145.32,
145.33, 145.331, or
145.34 of the Revised Code shall submit with
the application
a written statement by the member's spouse
attesting that the spouse consents
to the payment of the member's
accumulated
contributions. Consent shall be valid only if it is
signed and witnessed
by a notary public.
The board may waive the requirement of consent if the spouse
is
incapacitated or cannot be located, or for any other reason
specified by the
board. Consent or waiver is effective only with
regard to the spouse who is
the subject of the consent or waiver. (B) This division applies to any member who is employed in a
position in
which the member has made an election under section
3305.05 of the Revised Code and due to
the election ceases to be a
public
employee for purposes of that position. Subject to section 145.57 of the Revised Code, the public
employees
retirement system shall
do the following: (1) On receipt of a certified copy of a form evidencing an
election under
section 3305.05
of the Revised Code, pay to the
appropriate provider, in
accordance with section
3305.051 of the
Revised Code, the amount described in
section 3305.051 of the
Revised Code; (2) If a member has accumulated contributions, in addition
to
those subject to division (B)(1) of this section, standing to
the
credit of the member's individual account and is not otherwise
employed in a
position in which the member is considered a
public
employee for the purposes of that position,
pay, to the provider
the member selected pursuant to section
3305.05 of the Revised
Code, the member's accumulated
contributions. The payment shall
be made on the
member's application. (C) Payment of a member's accumulated contributions under
division (B) of this section cancels the member's total
service
credit in the public
employees retirement system.
A member whose
accumulated contributions are
paid to a
provider pursuant to
division (B) of this section is
forever barred from claiming or
purchasing service credit under the public
employees retirement
system for the period of
employment attributable to those
contributions. Sec. 145.45. Except as provided in division (C)(1) of
this
section, in lieu of accepting the payment of the
accumulated
account of a member who dies before service
retirement, a
beneficiary, as determined in this section or
section 145.43 of
the Revised Code, may elect to forfeit the
accumulated
contributions and to substitute certain other
benefits under
division (A) or (B) of this section. (A) If a deceased member was eligible for a service
retirement benefit as provided in section 145.33, 145.331, or
145.34 of the Revised Code, a surviving spouse or other sole
dependent beneficiary
may elect to receive a monthly benefit
computed as the joint-survivor benefit designated as
"plan D" in
section 145.46 of the Revised Code, which the member would have
received had the member retired on the last day of the month of
death and
had the member at that time selected such joint-survivor
plan.
Payment
shall begin with the month subsequent to the
member's death,
except that a surviving spouse who is less than
sixty-five years
old may defer receipt of such benefit. Upon
receipt, the benefit
shall be calculated based upon the spouse's
age at the time of
first payment, and shall accrue regular
interest during the time
of deferral. (B) If a deceased member had, except as provided in division
(B)(7) of this section, at least one and one-half
years
of
contributing service credit, with, except as provided in division
(B)(7) of this section, at least one-quarter
year of
contributing
service credit within the two and one-half
years
prior to the date
of death, or was receiving at the time of
death
a disability
benefit as provided in section 145.36,
145.361, or
145.37 of the
Revised Code, qualified survivors
who elect to
receive monthly
benefits shall receive the greater of the benefits
provided
in
division (B)(1)(a) or (b)
and (4) of this section as
allocated in
accordance with
division (B)(5) of this section.
| (1)(a) Number | | | | |
| of Qualified | | | | Or |
| survivors | | Annual Benefit as a Per | | Monthly Benefit |
| affecting | | Cent of Decedent's Final | | shall not be |
| the benefit | | Average Salary | | less than |
| 1 | | 25% | | $250 |
| 2 | | 40
| |
400 |
| 3 | | 50
| |
500 |
| 4 | | 55
| |
500 |
| 5 or more | | 60 | |
500 |
| (b) Years of | Annual Benefit as a Per Cent | | Service | of Member's Final Average | | | Salary | | 20 | 29% |
| 21 | 33
|
| 22 | 37
|
| 23 | 41
|
| 24 | 45
|
| 25 | 48
|
| 26 | 51
|
| 27 | 54
|
| 28 | 57
|
| 29 or more | 60
|
(2)
Benefits shall begin as qualified survivors meet
eligibility
requirements as follows: (a) A qualified spouse is the surviving spouse of the
deceased member, who is age
sixty-two,
or regardless of age if the
deceased member had ten or
more years of Ohio
service credit, or
regardless of age if caring for a
qualified child, or regardless
of age if adjudged physically or
mentally
incompetent. A spouse
of a member who died prior to August 27,
1970, whose eligibility
was determined at the member's death, and
who is physically or
mentally incompetent on or after August 20,
1976, shall be paid
the monthly benefit which that person would
otherwise receive when
qualified by age. (b) A qualified child is any
child of
the
deceased member
who has never been married and to whom one of
the following
applies: (i) Is under age eighteen, or under age twenty-two if
the
child is attending an institution of learning or training
pursuant
to a program designed to complete in each school year
the
equivalent of at least two-thirds of the full-time curriculum
requirements of such institution and as further determined by
board policy; (ii) Regardless of age, is adjudged
physically or
mentally
incompetent at the time of the member's death.
(c) A qualified parent is a dependent parent aged sixty-five
or
older
or regardless of age if physically or mentally
incompetent, a
dependent parent whose eligibility was determined
by the member's
death prior to August 20, 1976, and who is
physically or mentally
incompetent on or after August 20, 1976,
shall be paid the
monthly benefit for which that person would
otherwise qualify. (3)
"Physically or mentally incompetent" as used in this
section may be determined by a court of jurisdiction, or by a
physician appointed by the retirement board. Incapability of
making a living because of a physically or mentally disabling
condition shall meet the qualifications of this division. (4) Benefits to a qualified survivor shall terminate
upon
ceasing to meet eligibility requirements as provided in this
division, a first marriage, abandonment, adoption, or during
active military service. Benefits to a deceased member's
surviving spouse that were terminated under a former version of
this section
that required termination due to remarriage and were
not resumed prior to
September 16, 1998, shall resume on the first
day of the month
immediately following receipt by the board of an
application on a form
provided by the board. Upon the death of any subsequent
spouse who was a member of
the public
employees retirement system, state teachers retirement
system, or
school employees retirement system, the surviving
spouse of such
member may elect to continue receiving benefits
under this
division, or to receive survivor's benefits, based upon
the
subsequent spouse's membership in one or more of the systems,
for
which such surviving spouse is eligible under this section or
section 3307.66 or 3309.45 of the Revised Code. If
the surviving
spouse elects to continue receiving benefits under this division,
such election shall not preclude the payment of benefits under
this division to any other qualified survivor. Benefits shall begin or resume on the first day of the
month
following the attainment of eligibility and shall terminate
on the
first day of the month following loss of eligibility. (5)(a) If a benefit is payable under
division (B)(1)(a) of
this section, benefits to a
qualified spouse shall be paid in the
amount determined for the first qualifying survivor in
division
(B)(1)(a) of this section. All other qualifying
survivors shall
share equally in the benefit or remaining portion
thereof. (b) All qualifying survivors shall share equally in a
benefit
payable under division (B)(1)(b) of this section,
except
that if there is a surviving spouse, the surviving spouse shall
receive not
less than the
amount determined for the first
qualifying survivor in division
(B)(1)(a) of this section. (6) The beneficiary of a member who is also a member of
the
state teachers retirement system or of the school employees
retirement system, must forfeit the member's accumulated
contributions in those systems and in the public employees
retirement system, if the beneficiary takes a
survivor benefit.
Such benefit shall be exclusively governed by section
145.37 of
the Revised Code.
(7) The restriction that the deceased member have at
least
one and one-half years of contributing service credit, with
at
least one-quarter year of contributing service within the two
and
one-half years prior to the date of death, does not apply if
the
deceased member was contributing toward benefits under
division
(B) or (C) of section 145.33 of the Revised Code at the
time of
death. (C)(1) Regardless
of whether the member is survived by
a
spouse or designated beneficiary, if the public employees
retirement system
receives notice that a deceased member described
in division
(A) or (B) of this section has one or more qualified
children, all persons who
are qualified survivors under division
(B) of this section
shall receive monthly benefits as provided in
division (B) of
this section. If, after determining the monthly benefits to be paid under
division
(B) of this section, the system receives notice that
there is a
qualified survivor who was not considered when the
determination was made, the
system shall, notwithstanding section
145.561
of the Revised Code, recalculate the monthly
benefits with
that qualified survivor
included, even if the benefits to
qualified survivors already receiving
benefits are reduced as a
result. The benefits shall be calculated as if the
qualified
survivor who is the subject of the notice became eligible on the
date the notice was received and shall be paid to qualified
survivors
effective on the first day of the first month following
the system's receipt
of the notice. If the retirement system did not receive notice that a
deceased member has one or more qualified children prior
to making
payment under section 145.43 of the Revised
Code to a beneficiary
as
determined by the retirement system, the payment is a full
discharge and release of the system from any future claims under
this section or section 145.43 of the Revised Code. (2) If benefits under division (C)(1) of this section to all
persons, or to
all persons other than a surviving spouse or other
sole beneficiary,
terminate, there are no children under the age
of
twenty-two years, and the surviving spouse or
beneficiary
qualifies for benefits under division
(A) of this section, the
surviving spouse or
beneficiary may elect to receive benefits
under division
(A) of this section. The benefits shall be
effective on the first
day of the month immediately following the
termination. (D) The final average salary used in the calculation of a
benefit payable
pursuant to division (A) or (B) of this section to
a
survivor or beneficiary of a disability benefit
recipient shall
be adjusted for each year between the disability benefit's
effective date and the recipient's date of death by the lesser of
three per
cent or the actual average percentage increase in the
consumer price index
prepared by the United States bureau of labor
statistics
(U.S. city average for urban
wage earners and clerical
workers:
"all items 1982-84=100"). (E) If the survivor benefits due and paid under this
section
are in a total amount less than the member's accumulated
account
that was transferred from the public employees' savings
fund to
the survivors' benefit fund, then the difference between
the total
amount of the benefits paid shall be paid to the
beneficiary under
section 145.43 of the Revised Code.
Sec. 145.49. (A) Notwithstanding section 145.47 of the
Revised
Code,
the: (1) The public employees
retirment
retirement system shall
be authorized
to calculate the employee contribution rates
separately
for those
public
employees contributing
toward benefits
under division (B),
(C), or (D)(2)(b), (c), or (d) of section
145.33 of
the Revised
Code. (2)
Each public
employee contributing
toward benefits under
division
(B)(2)(b)(a) of
section 145.33 of the Revised
Code shall
contribute to the
employees' savings fund
the sum
of
one
ten and
one-tenth per cent of
the employee's
earnable
salary
and the
employee contribution rate
calculated for employees
contributing
toward benefits under
division (B)(2)(a) of section
145.33 of the
Revised Code,
notwithstanding section 145.47
of the
Revised Code. (B)
Notwithstanding section 145.48 of the Revised Code, the
public employees retirement system shall be authorized to
calculate the
employer contribution rates separately for those
public employees contributing
toward benefits under division
(B),
(C), or (D)(2)(a) of
section 145.33 of the Revised Code
or
under
division (B)(2)(b), (c), or (d) of that section, except
that
the
employer
contribution rate shall not exceed eighteen and
one-tenth
per cent of the
earnable salaries of those employees. Sec. 3309.312. (A) Not
later than ninety days after
September 16, 1998,
a member who, on
September
16, 1998, is
employed
full-time
full time pursuant to section 3345.04 of the
Revised Code
by
the university of Akron as a state university law
enforcement
officer
may elect to transfer to
the public employees
retirement
system in accordance with this
section. An election
shall be made
by giving notice to the
school employees retirement
system on a
form provided by the
school employees retirement board
and shall
be
irrevocable. (B) When a member makes
the election described
in this
section, the school
employees retirement system shall notify the
public employees
retirement system. The school employees
retirement system shall
transfer all of the member's service
credit to the public
employees retirement system and shall certify
to the public
employees retirement system a copy of the member's
records of
service and contributions. For each year or portion of
a year
of credit, the school employees retirement system shall
transfer
to the public employees retirement system all of the
following: (1) An amount equal to the accumulated contributions
standing to the member's credit; (2) An amount equal to the total employer contributions
paid
on behalf of the member; (3) Any amount paid by the member or employer to the
school
employees retirement system for the purchase of service
credit. At the request of the public employees retirement system,
the
employer of a member who makes an election under
this section
shall certify to the public employees
retirement system the
member's salary. (C) A member who elects to transfer to the public employees
retirement system under this section shall make contributions and
receive
benefits in accordance with divisions (B)
to
(G)(F) of
section 145.33 of the Revised Code. (D) A member who fails
to make an election in accordance
with this section shall remain
a member of the school employees
retirement system. SECTION 2. That existing sections 145.01, 145.19, 145.191,
145.321, 145.33,
145.35, 145.40, 145.45, 145.49, and 3309.312 of
the Revised Code are hereby
repealed.
SECTION 3. As used in this section,
"regional transit
authority
police officer" and
"state highway patrol police
officer" have the
same meanings as in section 145.01 of the
Revised
Code, as amended
by this act.
Not later than ninety days after the effective date of this
act,
each regional transit authority police officer and state
highway
patrol police officer who is a member of the Public
Employees
Retirement System shall
indicate to the system, on a
form supplied by the
system, a choice of whether to
receive
benefits under division (A)
of section 145.33 of the
Revised Code
or under division (B) of that
section.
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