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Sub. H. B. No. 244As Passed by the SenateAs Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Niehaus, Carey, Cates, Clancy, Seitz, Brinkman, Gilb, Evans, Grendell, Setzer, Schaffer, Flowers, Carmichael, Lendrum, Schuring, Schmidt, Reinhard, Willamowski, Metzger, Hagan, Sullivan, Allen, Sulzer, Britton, Carano, Coates, Hollister, Rhine, Kearns, Core, G. Smith, Latta, Goodman, Buehrer, Flannery, Reidelbach, Otterman, Olman, Hughes, Barrett, Metelsky, Hoops, Barnes, Schneider, Fessler, Salerno
SENATORS Blessing, Mead, Spada, Amstutz, DiDonato, McLin, Robert Gardner, Shoemaker
A BILL
To amend sections 742.32, 742.35, 742.351, 742.38,
and
742.56 and to enact sections 742.352 and
742.353 of
the Revised Code to modify the
penalties assessed
against employers who fail to
submit certain
reports and information to the Ohio
Police and Fire
Pension Fund and to reduce the
amount of certain
penalties currently owed by
employers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 742.32, 742.35, 742.351, 742.38, and
742.56 be amended and sections 742.352 and 742.353 of the Revised
Code be enacted to read as follows:
Sec. 742.32. The fiscal officer of each employer shall
transmit monthly to the secretary of the board of
trustees of
the
Ohio police and
fire pension fund a report of
employee deductions
in such form as the
board requires. The report shall show all
deductions for the
fund made pursuant to section 742.31 of the
Revised Code and
shall be accompanied by payments covering the
total of
such deductions.
The report shall also include the name
of
each member for whom deductions were made and the portion of
the
payment attributed to that member. Separate payments shall be
so
transmitted for that portion of such deductions made from the
salaries of members of the police department and for that portion
of such deductions made from the salaries of members of the fire
department.
The report and payment are due the last day of the
month following the last day of the reporting period. A penalty
of five per cent of the total amount due
for the particular
reporting period
determined under section
742.352 of the Revised
Code shall be
added
when
assessed if any of the
following occur: (A) The report,
together with payments
is received by the
board after
the due date
or is not in the form required by the
board. (B) Payments
to cover the total amount due
from
the
salaries
of all employees
of the employer, is transmitted
thirty
or more
days after
the last day of the reporting period
are
received by
the board after the due date.
The The penalty shall be added to and collected on the next
succeeding
regular employer billing. If the penalty is not paid
within
three
months
sixty days after it is added to the regular
employer
billing, interest
at a rate
determined by
the board may
be charged
on the
total amount due and the amount of
the
penalty
from the
date the amount is due to the date of
payment. The secretary of the board, after making a record of
all such
receipts and crediting each employee's individual
account with the
amount deducted from the employee's salary,
shall deposit
the
receipts with the treasurer of state for use as provided by
this
chapter. Where an employer fails to deduct
contributions for any
employee and transmit such amounts to the
fund, the board may make
a determination of the employee's
liability for contributions and
certify to the employer the
amounts due for collection in the same
manner and subject to the
same penalties as payments due the
employer's contributions
funds.
Sec. 742.35.
Each
As used in this section, "calendar
quarter" means the three-month period ending on the last day of
March, June, September, or December. Each employer shall pay its annual
police officer employers'
contribution and
firefighter employers' contribution in
four equal
installments promptly as provided in sections
742.33 and 742.34 of
the Revised Code.
Sixty
If an employer fails to make a payment
on
or before the date that is sixty days after
the
date
an
installment is due, any
amounts
which remain unpaid shall be
subject to
last day of the
calendar quarter, a penalty
for late
payment in the amount of five
per
cent
determined under section
742.352 of the Revised Code
shall be assessed against the
employer. In addition, interest on
past due accounts and
penalties
may be charged at a rate
determined by the board
of
trustees of the Ohio
police and fire
pension fund from the date
the installment is due to
the date of
payment. Upon certification by the board to the county auditor of an
amount due from any employer within the county who is subject to
this chapter, by reason of such employer's delinquency in making
employer contribution payments to the fund for past
years
months,
such
amount shall be withheld from such employer from any funds in
the
hands of the county treasurer for distribution to such
employer.
Upon receipt of such certification, the county auditor
shall draw
a warrant against such funds in favor of the fund for
the amount.
Sec. 742.351. (A) On receipt of written notice of a
member's
election to retire under division (C) of section 742.37
of the
Revised Code, the Ohio police and
fire pension fund shall
request from the employer verification of the member's
termination
date and any other information the fund
determines necessary to
calculate and pay a pension under that
division. The request
shall be on a form created by the fund and
specify the date by
which the information must be received by the
fund, which shall be
sixty days after the form is sent by the
fund. (B)(1) On receipt of a request for information under
division
(A)
of this section, the employer shall complete the form
and return it to
the fund not later than the date specified by the
fund. (2) If the fund does not receive the completed form by the
specified date, the fund shall send notice by certified mail to
the
employer that unless the completed form is received not later
than
thirty days after the specified date a
fine
penalty will be
imposed. (C) The fund shall assess against an employer that fails to
return the completed form by the end of the period described in
division
(B)(2) of this section a
fine of one hundred dollars per
day. The period for which the fine shall be imposed begins the
thirty-first
day after the
date notice is mailed under division
(B)(2) of this section and
ends on the day before the day the
completed form is received by the fund.
Any amount due from an
employer under this division shall be collected from the county
auditor in the
manner provided in
section 742.35 of the Revised
Code for delinquent contributions
penalty determined under section
742.353 of the Revised Code. (D) The fund shall make one or more monthly payments to a
member
whose pension does not commence by the ninety-first day
after the fund
sends a request for information under division (A)
of this
section due to the employer's failure to return the
completed form required under this
section. Payment under this
division shall commence on the first day of the second month
following a month that includes a day for which an assessment
against the employer is required under division (C) of this
section. The payment shall be an amount equal to
one hundred
dollars for every day that an
assessment is required
the penalty
assessed under division (C) of this section less any
administrative costs incurred by the fund in complying with this
section.
Payment shall continue
on a monthly basis until the
member receives the total amount attributable to
the required
penalty
for an employer's failure to return the form that was
requested
for that member's information.
Sec. 742.352. (A) Unless rules are adopted under division
(C) of this section, the penalties for failing to transmit reports
and payment in accordance with sections 742.32 and 742.56 of the
Revised Code or payments in accordance with section 742.35 of the
Revised Code shall be as follows:
(1) If a report or payment is at least one but not more
than ten days past due, one hundred dollars;
(2) If a report or payment is at least eleven but not
more
than thirty days past due, the greater of one thousand
dollars
or
one per cent of the payment;
(3) If a report or payment is at least thirty-one but
not
more than one hundred eighty days past due, the greater of
three
thousand dollars or two per cent of the payment;
(4) If a report or payment is at least one hundred
eighty-one days but not more than two hundred ten days past due,
the greater of seven thousand five hundred dollars or five per
cent of the payment;
(5) If a report or payment is at least two hundred eleven
days past due, the sum of the penalty described in division (A)(4)
of this section and, for each day that the report or payment is
past due after two hundred ten days, fifty dollars.
(B) Any amount due from an employer under division (A) of
this section shall be collected from the county auditor in the
same manner as is provided in section 742.35 of the Revised Code.
(C) The board of trustees of the Ohio police and fire
pension fund may adopt rules to do all of the following: (1) Establish penalties in amounts
that do not exceed the
amounts described in this section;
(2) Establish standards to determine whether an employer
has submitted a report in the form required by the board;
(3) Lengthen the periods of time for employers to comply
with sections 742.32, 742.35, and 742.56 of the Revised Code.
Sec. 742.353. (A) Unless rules are adopted in accordance
with division (C) of this section, the penalties assessed under
sections 742.351 and 742.38 of the Revised Code shall be as
follows:
(1) If a form, report, or statement is at least one but
not
more than ten days past due, one hundred dollars;
(2) If a form, report, or statement is at least eleven
but
not more than thirty days past due, one thousand dollars;
(3) If a form, report, or statement is at least
thirty-one
but not more than one hundred eighty days past due,
three thousand
dollars;
(4) If a form, report, or statement is at least one
hundred
eighty-one days but not more than two hundred ten days
past due,
seven thousand five hundred dollars;
(5) If a form, report, or statement is at least two
hundred
eleven days past due, the sum of seven thousand five
hundred
dollars and, for each day that the form, report, or
statement is
past due after two hundred ten days, three dollars
and
thirty-seven cents.
The total of the penalties paid by an employer under this
section in a calendar year shall not exceed twenty thousand
dollars.
(B) Any amount due from an employer under division (A) of
this section shall be collected from the county auditor in the
same manner as is provided in section 742.35 of the Revised Code.
(C) The board of trustees of the Ohio police and fire
pension fund may adopt rules to do all of the following: (1) Establish penalties in amounts
that do not exceed the
amounts described in this section;
(2) Establish standards to determine whether an employer
has submitted a form, report, or statement in the form required by
the board;
(3) Lengthen the periods of time for employers to comply
with sections 742.351 and 742.38 of the Revised Code.
Sec. 742.38. (A)(1) The
board of trustees of the Ohio
police and fire
pension fund shall adopt rules establishing
minimum medical testing and
diagnostic
standards or procedures to
be incorporated into physical examinations
administered by
physicians
to prospective
members of the fund. The standards or
procedures shall include diagnosis and
evaluation of the existence
of any heart disease,
cardiovascular disease, or respiratory
disease. The
rules shall specify the form of the physician's
report and the
information to be included in it. The board shall notify all employers of the establishment of
the minimum
standards or procedures and shall include with the
notice a copy of the
standards or procedures. The
board shall
notify all employers of any changes made to the standards or
procedures. Once
the standards or procedures take effect,
employers shall cause each prospective member of the fund to
submit to a
physical examination that incorporates the standards
or procedures. (2) Division (A)(2) of
this section applies to an employee
who becomes a member of the
fund on or after the date the minimum
standards or procedures
described in division (A)(1) of
this
section take effect.
Not later than thirty days after such an
For
each employee
becomes a member of the fund
described in division
(A)(2) of this section, the employer shall
forward to the board a
copy of the physician's report of a
physical examination that
incorporates the standards or
procedures described in division
(A)(1) of this section. If an
employer fails to forward the
report
in the form required by the board on or before the date
that is sixty days after the employee
becomes a member of the
fund, the board shall assess
against the
employer a
fine of one
hundred dollars per day,
beginning with the
first day after the
date the report is due
and ending on the last
day prior to the
date the report is
received by the board. Any
amount due from an
employer under
division (A)(2) of this section
may be collected
from the county auditor in the same manner as
is
provided in
section 742.35 of the
Revised Code
penalty determined
under
section 742.353 of the Revised Code. (B) Application for a disability benefit may be made by a
member of the fund or, if the member is incapacitated as defined
in rules
adopted by the board, by a person acting on the member's
behalf. Not later
than fourteen days after receiving
an
application for a disability benefit from a member or a person
acting on behalf of a member, the board shall notify the
member's
employer that an application has been filed. The
notice shall
state the member's position or rank. Not
later than twenty-eight
days after receiving the notice or
filing an application on behalf
of a member, the employer shall
forward to the board a statement
certifying the member's job
description and any other information
required by the board to
process the application. If the member applying for a
disability benefit becomes a
member of the fund prior to the date
the minimum standards or
procedures described in division
(A)(1) of this section take
effect, the board may request from the member's employer a copy
of
the physician's report of the member's physical examination
taken
on entry into the police or fire department. Not later
than
twenty-eight days after receiving a request from the board,
the
employer shall forward a copy of the report or, if the
employer
does not have a copy of the report, a written statement
certifying
that the employer does not have a copy of the report.
If an
employer fails to forward the report or statement
in the form
required by the board on or before the
date that is twenty-eight
days after the date of the request, the
board shall assess against
the employer a
fine of one hundred
dollars per day, beginning with
the first day after the date the
report or statement is due and
ending on the last day prior to
the
date the report or statement
is received by the board. Any
amount
due from an employer under
this division may be
collected from the
county auditor in the same
manner as is provided
in section 742.35
of the Revised Code
penalty determined under section 742.353 of
the Revised Code. The
board shall
maintain the information
submitted under this division
and division
(A)(2) of this section
in the member's
file. (C) For purposes of
determining under division (D) of this
section whether a member of
the fund is disabled,
the board shall
adopt rules establishing objective criteria
under which the board
shall make the determination. The
rules shall include standards
that provide for all of the
following: (1) Evaluating a member's illness or injury on
which an
application for disability benefits is based; (2) Defining the occupational duties of a police officer
or
firefighter; (3) Providing for the board
to assign competent and
disinterested physicians and
vocational evaluators to conduct
examinations of a
member; (4) Requiring a written
report for each disability
application that
includes a summary of findings, medical opinions,
including an opinion on whether the illness or injury upon which
the member's application for disability benefits is based was
caused or induced by the actual performance of the member's
official duties, and any recommendations or comments based on
the
medical opinions; (5) Providing for the board to consider the member's
potential for retraining or reemployment. (D) This division does
not apply to members of the fund who
have elected to receive
benefits and pensions in accordance with
division (A) or
(B) of section 742.37 of the Revised Code or from
a police relief
and pension fund or a firemen's relief and pension
fund in
accordance with the rules of that fund in force on
April
1, 1947. (1) As used in division (D)(1) of this section: (a) "Totally disabled" means a member
of the fund is unable
to perform the duties of any gainful
occupation for which the
member is reasonably fitted by
training, experience, and
accomplishments. Absolute
helplessness is not a prerequisite of
being totally
disabled. (b) "Permanently disabled" means a
condition of disability
from which there is no present
indication of recovery. A member of the fund who is permanently and totally
disabled
as the result of the performance of the member's
official duties
as a member of a police or fire department shall
be paid annual
disability benefits in accordance with division
(A) of section
742.39 of the Revised Code. In determining whether a
member of
the fund is permanently and totally disabled, the board shall
consider standards adopted under division (C) of this section
applicable to the determination. (2) A member of the fund who is partially disabled as the
result of the performance of the member's official duties as a
member of a police or fire department shall, if the disability
prevents the
member from performing those duties and impairs the
member's earning capacity,
receive annual
disability benefits in
accordance with division
(B) of section 742.39 of the Revised
Code. In determining whether a member of the
fund is
partially
disabled, the board shall consider standards adopted under
division
(C) of this section applicable to the determination. (3) A member of the fund who is disabled as a result of
heart disease or
any
cardiovascular or respiratory disease of a
chronic nature, which disease or any evidence of which disease
was
not revealed by the physical examination passed by the
member on
entry into the department, is presumed to have
incurred the
disease while performing the member's official
duties, unless the
contrary is shown by competent
evidence. (4) A member of the fund who has completed five or more
years of active service in a police or fire department and has
incurred a disability not caused or induced by the actual
performance of the member's official duties as a member of the
department, or by the member's own negligence, shall if the
disability
prevents the member from performing those duties and
impairs the member's
earning capacity, receive
annual disability
benefits in accordance with division
(C) of section 742.39 of the
Revised Code. In determining whether a member of
the
fund is
disabled,
the board shall consider standards adopted under
division
(C) of this section applicable
to the determination. (5) The board shall notify a member of its final action
awarding a disability benefit to the member within thirty days
of
the final action. The notice shall be sent by certified
mail,
return receipt requested. Not later than ninety days
after
receipt of notice from the board, the member shall elect,
on a
form provided by the board, either to accept or waive the
disability benefit award. If the member elects to waive the
disability benefit award or fails to make an election within the
time period, the award is rescinded. A member who later seeks a
disability benefit award shall be required to make a new
application, which shall be dealt with in accordance with the
procedures used for original disability benefit
applications. A person is not eligible to apply for or receive
disability
benefits under this division, section 742.39 of the Revised Code,
or division
(C)(2), (3), (4), or (5) of
former section 742.37 of
the Revised Code unless the person is a
member of the fund on the
date on which the application for
disability benefits is submitted
to the fund. With the exception of persons who may make application for
increased
benefits as provided in
division (2) or (4) of this
section or division (C)(3) or (5) of
former section 742.37 of the
Revised Code on or after
July 24, 1986, or persons who may
make
application for benefits as provided in section 742.26 of
the
Revised Code, no person receiving a pension or
benefit under this
section or division (C) of former
section 742.37 of the Revised
Code
may apply for
any new, changed, or different benefit.
Sec. 742.56. (A) The board of trustees of the Ohio police
and fire pension fund may by rule establish a
payroll deduction
plan for payment of the following: (1) The cost of service credit members of the fund are
eligible to purchase under this chapter; (2) Charges for participation in programs established
under
section 742.53 of the Revised Code. (B) In addition to any other matter considered relevant by
the trustees, the rules shall specify all of the following: (1) The types of service credit that may be paid for
through
payroll deduction, including the section of the Revised
Code that
authorizes the purchase of each type of service credit
for which
payment may be made by payroll deduction; (2) The procedure to be followed by a member to inform the
member's employer and the Ohio police and fire pension fund
that
the member wishes to purchase service credit under this
chapter or
pay for participation in programs established under section
742.53
of the Revised Code and chooses to pay for it through
payroll
deduction; (3) The procedure to be followed by the fund to determine
for each request the amount to be deducted, the number of
deductions to be made, and the interval at which deductions will
be made. The rules may provide for a minimum amount for each
deduction or a maximum number of deductions for the purchase of
any type of credit, but shall provide that no deduction may
exceed
the member's net compensation after all deductions and
withholdings required by law. (4) The procedure to be followed by employers in
transmitting amounts deducted from the salaries of their
employees
to the fund; (5) The procedure to be followed by the fund in crediting
service credit to members who choose to purchase it through
payroll deduction. (C) If the trustees of the fund establish a payroll
deduction plan under this section, the trustees shall certify to
the member's employer for each member for which deductions are to
be made, the amount of each deduction and the payrolls from which
deductions are to be made. The employer shall make the
deductions
as certified and transmit the amounts deducted
in
accordance with
the rules established by the trustees under this
section
on or
before the last day of the month following the last day of the
reporting period during
which the deductions are made. The
deduction shall be accompanied by a report, in such form as the
board requires, that includes the name of each member for whom
deductions were made and the deductions attributed to that member.
If the employer fails to transmit
the deductions or the report on
or before the last day of the month following the last day of
the
reporting period during which the deductions are made, a penalty
determined under section 742.352
shall
be assessed against the
employer. On certification by the board
to the county auditor of
an amount due from an employer within the
county who is subject to
this division, by reason of the
employer's delinquency in
transmitting amounts due under this
division for past months,
those amounts shall be withheld from the
employer from any funds
in the hands of the county treasurer for
distribution to the
employer. On receipt of the certification,
the county auditor
shall draw a warrant against the funds in favor
of the Ohio police
and fire pension fund for the amount. (D) Rules adopted under this section shall not affect any
right to purchase service credit conferred by any other section
of
the Revised Code, including the right of a member under any
such
section to purchase only part of the service credit the
member is
eligible to purchase.
Section 2. That existing sections 742.32, 742.35, 742.351,
742.38, and 742.56 of the Revised Code are hereby repealed.
Section 3. (A) As used in this section, "employer" has the
same meaning as in division (D) of section 742.01 of the Revised
Code.
(B)(1) Notwithstanding section 742.38 of the Revised Code,
as that section existed immediately prior to the effective date of
its amendment by this act, and subject to division (C) of this
section, the Board of Trustees of the Ohio Police and Fire Pension
Fund shall reduce by ninety per cent a fine incurred prior to the
effective date of this section under division (A)(2) of section
742.38 of the Revised Code if, prior to that date, the Board
received from the employer who is subject to the fine the report
that is the subject of the fine and the report was in the form
provided in rules adopted by the Board. If the total amount of
outstanding fines assessed against an employer under division
(A)(2) of section 742.38 of the Revised Code exceeds $30,000 after
the reduction required by this division, the board shall further
reduce the total amount of the outstanding fines to $30,000.
(2) Notwithstanding sections 742.32 and 742.35 of the
Revised Code, as those sections existed immediately prior to the
effective date of their amendment by this act, and subject to
division (C) of this section, the Board shall reduce by fifty per
cent a penalty incurred under section 742.32 or 742.35 of the
Revised Code during the period beginning January 1, 2000, and
ending on the effective date of this section, if on or before the
date that is six months after the date the report and payment were
due, the
Board
receives from the employer the report and payment
that are the subject of
the
penalty and the report is in the form
provided in rules
adopted by the Board.
(C)(1) Not later than June 1, 2002, an employer shall pay
to
the Fund the amount of all fines and penalties described in
division (B) of this section, as reduced under this section.
(2) If an employer fails to pay all amounts due in
accordance with division
(C)(1) of this section or to file all
required reports, the Board shall reinstate to the original
amount
any fine or penalty that was reduced and the employer shall
pay to
the Fund the reinstated fine or penalty amount. If the
employer
fails to pay the reinstated fine or penalty amount, that
amount
shall be collected from the county auditor in the same
manner as
is provided in section 742.35 of the Revised Code.
(3) To each employer that, prior to the effective date of
this section, paid the full amount of a fine or penalty reduced
under division (B) of this section, the Board shall either refund
the amount of the reduction or use the amount to reduce any
outstanding amounts owed by the employer to the Fund under Chapter
742. of the Revised Code.
(D) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,
117.42, and 131.02 of the Revised Code, no civil action shall be
instituted to recover the amount of a
reduction made under
division (B)(1) or (2) of this section. An
employer who meets the
requirements of divisions (B) and (C)(1) or divisions (B) and
(C)(3) of
this section shall not
be required to reimburse the Fund
for any
amount not paid as the
result of the reduction.
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