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H. B. No. 158As Introduced
As Introduced
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVE Schuring
A BILL
To amend sections 145.01, 145.321, 145.33, 145.35,
145.49, and 3309.312 of the
Revised Code to permit
Public Employees Retirement System (PERS) members
with
at least 25 years of law enforcement service
credit to retire with full
benefits at age 48, to
include transit and highway patrol police officers
as
law enforcement officers for PERS purposes, and
to increase the employee
contribution rate for law
enforcement service credit.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.01, 145.321, 145.33, 145.35,
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
full time or
part-time
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
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
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
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
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)
"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.
(SS)
"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. (TT) Notwithstanding section 2901.01 of the Revised Code,
"PERS law enforcement
officer" means a sheriff, deputy sheriff,
township constable or police officer
in a township police
department or district, drug agent, department of public
safety
enforcement agent, natural resources law enforcement staff
officer,
park officer, forest officer, preserve officer,
wildlife
officer, state watercraft
officer, park district police officer,
conservancy district officer, Ohio
veterans' home police officer,
special police officer for a mental health
institution, special
police officer for an institution for the mentally
retarded and
developmentally disabled, state university law enforcement
officer,
Hamilton county municipal court bailiff, or municipal
police
officer,
regional transit authority police officer, or
state highway
patrol police officer. (TT)(UU)
"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.
(VV)
"Fiduciary" means a person who does any of the
following: (1) Exercises any discretionary authority or control with
respect to the
management of the system or with respect to the
management or disposition of
its assets; (2) Renders investment advice for a fee, direct or indirect,
with respect to
money or property of the system; (3) Has any discretionary authority or responsibility in the
administration
of the system. (UU)(WW)
"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. 145.321. 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 (F) 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
of
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 (F) 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. On or before August 1, 1982, and on or before the first day
of August in each year thereafter, the public employees
retirement
board shall certify to the treasurer of state the
amount required
to be paid in the preceding fiscal year under
divisions (A) and
(B) of this section. Upon receipt of this
certification, the
treasurer of state shall pay the amount
certified. The amount
received by the public employees
retirement board shall be
credited to the proper fund from which
such additional payments
are paid.
Sec. 145.33. (A) Except as provided in division (B), (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: (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)(G) 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)(E)(2) of this section and credit for
service as a police
officer or state
highway patrol trooper to the
extent permitted by
division (F)
divisions (E)(3)
and (4) of
this
section. (2) A member who meets the conditions in division
(B)(2)(a),
(b), or (c) of
this section may apply for an age and service
retirement benefit under this
division: (a)
Except as provided in division
(B)(2)(b) of this
section,
has
Has at least
twenty-five years of
total service credit as
a
PERS law enforcement officer and has
attained age
fifty-two
forty-eight; (b) Has at least twenty-five years of total service credit
as a
law enforcement officer while serving as a sheriff, deputy
sheriff, or
township constable or police officer in a township
police department or
district
Hamilton county municipal court
bailiff and has attained age
forty-eight
fifty-two; (c) Has at least fifteen years of total service credit as a
PERS law
enforcement officer
or a Hamilton county municipal court
bailiff and has attained age sixty-two. (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 a 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
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, 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 a 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) or (c), or
(D)(4) 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.
(G)(k) 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)(b) or (c) or (4) of
this
section for any person who originally is employed as a
Hamilton
county municipal court bailiff on or after November 6,
1996.
(F) Retirement allowances determined under this section
shall be paid as provided in section 145.46 of the Revised Code. (H)(G) 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
PERS 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. 145.49. (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) of section 145.33 of
the Revised
Code.
to the retirement system for services as a Hamilton county
municipal court bailiff. (2)
Each public
employee contributing
toward benefits under
division
(B)(2)(b) of
section 145.33 of the Revised
Code
to the
public employees retirement system as a PERS law enforcement
officer 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) of
section 145.33 of the Revised Code
to the
retirement system for service as a PERS law enforcement officer or
a Hamilton county municipal court bailiff, 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, 145.321, 145.33,
145.35, 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 meaning 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 retirement
system, a choice of whether to
receive benefits under division (A)
of section 143.33 of the
Revised Code or under division (B) of that
section.
Section 4. Section 145.01 of the Revised Code is presented
in
this act as a composite of the section as amended by Am. Sub.
H.B. 628, Am. Sub. H.B. 640, and Am. Sub. S.B. 144 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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