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(124th General Assembly)
(Substitute House Bill Number 373)
AN ACT
To amend sections
742.21,
742.212, 742.214,
742.221,
742.23, 742.24, 742.251, 742.27,
742.37,
742.371,
742.375, 742.376, 742.3711, 742.3714, 742.3716,
742.44, 742.442, 742.443, 742.444, 742.52, 5505.01, 5505.15, 5505.162, 5505.163, and
5505.18 and to enact
section
5505.178 of the
Revised Code to revise the
laws
governing the Ohio
Police and Fire Pension
Fund's Deferred Retirement Option Plan
and the
State
Highway Patrol Retirement
System.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 742.21,
742.212, 742.214,
742.221,
742.23, 742.24, 742.251, 742.27, 742.37,
742.371,
742.375,
742.376, 742.3711, 742.3714, 742.3716, 742.44, 742.442,
742.443,
742.444, 742.52,
5505.01, 5505.15, 5505.162, 5505.163, and
5505.18 be
amended and section 5505.178 of the Revised Code be
enacted to
read as follows:
Sec. 742.21. (A) As used in this section and
sections
742.211 to
742.214 of the Revised Code: (1)
"Full-time service" has the meaning established by
rule
of the board of trustees of the Ohio police and
fire pension fund. (2)
"Military service credit" means
credit for service in
the armed
forces of the United States purchased or obtained from
the
fund,
the Cincinnati retirement system,
or
a non-uniform
retirement system. (3) "Non-uniform retirement system" or "non-uniform system"
means the public employees retirement system, school employees
retirement system, or state teachers retirement system. (B) Unless section 742.212 of the Revised Code applies and
except as provided
in
division
divisions (G) and (I) of this
section, in computing
the
pension and benefits payable under
section 742.37 or 742.39 of
the Revised Code,
the Ohio police and
fire pension fund
shall give
a member of the fund who is in the
active service of a
police or
fire department
and, is not
receiving a pension or
benefit payment
from the fund, and is not a
participant in the deferred retirement option plan established
under section 742.43 of the Revised Code full credit for service
credit earned for
full-time
service as a member of the Cincinnati
retirement system or
purchased or
obtained as
military service
credit if, for each
year of
service credit, the fund receives the
sum of the
following: (1) An amount, which shall be paid by the member, equal to
the amount withdrawn by the member
from the retirement system that
is attributable to the year of
service credit, with interest at a
rate established by the board on
that amount
from the date of
withdrawal to the date of payment; (2) Interest, which shall be paid either
by the member or
the
Cincinnati retirement system, on the amount withdrawn by the
member
from
the
Cincinnati retirement system that is attributable
to the year of service
from
the last day of the year for which the
service credit was
earned or in which
payment was made for
military service credit
to
the date the withdrawal was made; (3) An amount, which shall be paid by either the member
or
the
Cincinnati retirement system, equal to the lesser of the
amount
contributed by the employer to the
Cincinnati retirement
system for the
year
of service or the amount that would have been
contributed
by the
employer for the year of service had the member
been employed by
the
member's current employer as a
member of a
police or fire
department at the time the credit was
earned,
with
interest on
that amount from the last day of the year for
which
the service
credit was earned or in which payment was made for
military
service credit to the date the payment is made; (4) If the member became a member of the fund on or after
September 16,
1998, the amount, which shall be
paid by the member,
determined pursuant to division
(I) of this section. Interest shall be determined in accordance with division (H)
of
this section. (C)(1) Except as provided in
division
divisions (G) and (I)
of this
section,
in computing the pension and benefits payable
under
section 742.37
or 742.39 of the Revised
Code, the fund shall
give
a
member of the
fund who is in the active service of a
police
or
fire department,
is not receiving a pension or
benefit payment
from the fund,
and
has withdrawn the member's
contributions from
a non-uniform
retirement
system, and is not a participant in the
deferred retirement option plan established under section 742.43
of the Revised Code full credit
for service
credit earned
for
full-time service as a member of the
non-uniform system or
purchased or
obtained as military
service credit if, for each
year of
service,
the fund receives
the sum of the following: (a) An amount, which shall be paid by the member, equal
to
the amount withdrawn by the member
from the
non-uniform
system
that is attributable to that year of
service
credit, with
interest
at a rate established by the board on
that
amount from
the date of
withdrawal to the date of payment; (b) If the member
is seeking credit for service under the
public employees
retirement system
or state teachers retirement
system, an amount,
which shall be paid
by the member, equal to the
amount of any employer
contributions
and interest on
employee
contributions the member received under
section 145.40
or 3307.563
of
the Revised Code; (c) Interest, which shall be
transferred by the
non-uniform
system, on the amount withdrawn by the
member from the
non-uniform system that is attributable
to the year of service
from
the last day of the year for which the
service credit was
earned
or in
which payment was made for
military service credit
to
the
date the
withdrawal was made; (d) An amount, which shall be
transferred by the
non-uniform system, equal to the lesser
of the amount
contributed
by the employer to the
non-uniform
system
for the year of service
or the amount that would have
been
contributed by the employer for
the year of service had the
member
been employed by the member's
current employer as a member of a
police
or fire department at the
time the credit was earned, with
interest on
that amount
from
the last day
of the
year for which the service
credit was earned
or in which
payment
was made for military
service credit to the
date the transfer is
made; (e) If the member became a member of the fund on or
after
September
16, 1998,
the amount, which shall be paid by the member,
determined pursuant
to division (I) of this section. (2) On receipt of payment from the member, the fund shall
notify the
non-uniform system, and on receipt of
the
notice,
the
non-uniform system shall make the
transfer. Interest
shall be
determined in accordance with
division
(H) of this section. (3) The amount transferred under division (C)(1) of
this
section
by the public employees retirement system
or state
teachers retirement system shall not
include any amount of
employer contributions and interest on
employee
contributions the
member received under section 145.40
or 3307.563 of
the
Revised
Code. (D) Except as provided in
division
divisions (G) and (I) of
this section,
in
computing the pension and benefits payable under
section 742.37 or
742.39 of the
Revised Code, the fund shall give
a
member of the
fund who is in the active service of a police or
fire department,
is not receiving a pension or benefit from the
fund,
and has
contributions on deposit with
a
non-uniform
retirement system, and is not a participant in the deferred
retirement option plan established under section 742.43 of the
Revised Code
full credit for service credit
earned
for
full-time
service as a
member of
the non-uniform system or
service credit
purchased or
obtained as military
service credit if both of the
following
occur: (1) The
non-uniform system transfers to the fund,
for each
year of
service, the sum of the following: (a) The amount, contributed by the
member or, in the case
of military service credit, paid by the member, that is
attributable to that service; (b) An amount equal to the lesser
of the amount contributed
by the
employer to the
non-uniform
system for the year
of service
or the amount that would have been
contributed by the
employer for
the year of service had the member been
employed by
the
member's
current employer as a member
of a police or fire
department at the
time the credit was earned; (c)
Interest on the amounts specified in divisions
(D)(1)(a)
and
(b) of this
section from the last day
of
the
year for which
the
service credit in the
non-uniform
system was earned or in
which
military
service credit
was purchased or obtained
to the
date
the
transfer
is made. (2) If the member became a member of the fund on or
after
September
16, 1998, the
member pays the amount determined pursuant
to division
(I) of this section. On receipt of a request from the member, the
appropriate
non-uniform system shall make the transfer specified
in
division
(D)(1)
of this section. Interest shall be determined in
accordance with
division (H) of this section. (E) Subject to board rules, a member of the fund may
choose
to purchase in any one payment only part of the credit the
member
is eligible to purchase under division (B) or (C)(1) of this
section. (F) At the request of the fund, the
non-uniform retirement
system or Cincinnati retirement
system shall
certify to the fund a
copy of the records of the
service
and
contributions of a member
of the fund who seeks
service credit
under this section. (G) A member of the fund is ineligible to receive
credit
under this
section for service that is used in the calculation of
any
retirement benefit currently being paid or payable in the
future
to the member
under any other retirement program,
service
rendered concurrently with any
other
period for which
service
credit has already been granted, or for service credit
that may be
transferred under section 742.214 of the Revised Code. (H) Interest charged under
this section shall be calculated
separately for each year of
service credit. Unless otherwise
specified in this section, it
shall be calculated at the lesser of
the actuarial assumption rate
for that year of the fund or of the
system in which
the credit was earned. The interest
shall be
compounded
annually. The board may, by rule, establish procedures for the
receipt
of service credit under this section. (I) The amount to be paid pursuant to division
(B)(4),
(C)(1)(e), or (D)(2)
of this section or division (B)(2) or
(C)(2)(b)
of section 742.212 of the Revised Code is the sum of the
following: (1) An amount equal to the difference
between the amount the
member paid as employee contributions for
the service and the
amount the member would have paid had the member been
employed by
the member's current employer as a
member of a police or fire
department; (2) An amount equal to the difference
between the amount
paid or transferred under division (B)(3),
(C)(1)(d), or
(D)(1)(b)
of
this section or division (B)(2) or
(C)(2)(b) of
section 742.212
of
the Revised Code and the amount that
would have
been
contributed
by the
employer for the service had the member
been
employed by
the member's current
employer as a member of
a
police
or fire
department; (3) Interest, determined in accordance
with division (H) of
this
section, on the amounts specified in divisions
(I)(1) and (2)
of this section. At the request of a member, in lieu of requiring
payment of
all or part of the amount determined under this
division the fund
may grant the member an amount of service
credit under division
(B),
(C), or (D) of this section or division (B) or (C) of
section
742.212 of the Revised Code that is less than the amount for which
the member is
eligible.
The service credit granted shall be the
same percentage of the
service credit for which the member is
eligible that the amount
the fund receives under division (B),
(C), or (D) of this section or division (B) or (C) of
section
742.212 of the Revised Code is of the total
amount it would
receive under those divisions if the full amount
determined under
this division was paid. (J)(1) Except as provided in division (J)(2) of
this section
and notwithstanding any contrary provision of this
section, the
board shall, in computing a pension or benefit
under section
742.37 or 742.39 of the Revised
Code, give a member of the fund
who is not receiving a pension or disability benefit from the
fund
full credit for service credit purchased under this section
for
service that was less than full-time service if the member
provides
evidence satisfactory to the board that, after
receiving
written notice from the fund indicating that the
member would be
permitted to purchase service credit for service that
was less
than full-time, the member changed or ceased the
member's
employment with the understanding that the credit
identified in
the notice would be used in computing a pension or
benefit. If
the board has
canceled service credit purchased under this section
for service
that was less than full-time service and the member
meets the
requirements of division (J)(1)
of this section, the
board shall restore the service credit on
repayment to the fund of
the amount refunded to the member at
the time of cancellation. (2) If a member of the fund who is not receiving a
pension
or disability benefit from the fund purchased credit
under this
section for service that was less than full-time
service and does
not meet the requirements of division
(J)(1) of this section, the
board shall refund to the member any amounts paid to purchase
the
credit, with interest at a rate determined by the board from
the
date the member purchased the credit to the date of the
refund. (K) A member of the fund who has purchased service credit
under
this section, or the member's estate, is entitled to a
refund of the amount or
portion of the amount paid to purchase the
credit if the purchased credit or
portion of credit does not
increase a pension or benefit payable under section
742.37 or
742.39
or calculated under section 742.442 of the Revised
Code.
The refund cancels an equivalent
amount
of service credit. (L) If a member or former member of the fund who is not a
current contributor and has not received a refund of
accumulated
contributions elects to receive
credit under section 145.295,
3307.761, or
3309.73 of the Revised Code for service for
which
the member contributed to the fund or purchased as military
service credit, the fund shall
transfer to the
non-uniform
retirement system the amount
specified in
division (B) of
section
145.295 of the
Revised Code, division
(C) of section
3307.761 of
the
Revised Code, or division (B) of
section
3309.73
of the
Revised Code. (M) The board shall adopt rules
establishing a payroll
deduction plan for the purchase of service credit under
this
section. The rules shall meet the requirements described in
section
742.56 of the Revised
Code.
Sec. 742.212. (A) If the conditions described in division
(A) of
section 742.211 of the Revised Code are met, a member of
the
Ohio
police and fire pension fund who is not receiving a
pension or benefit
from the fund
and is not a participant in the
deferred retirement option plan established under section 742.43
of the Revised Code is eligible to obtain credit for
service as a
member of the
Cincinnati retirement system under this
section. (B) A member of the fund who has contributions on deposit
with
the Cincinnati retirement system shall, in computing years of
service credit, be given credit for service credit earned
for
full-time service under the Cincinnati retirement system or
purchased or obtained as military
service credit if both of the
following occur: (1) For each year of service, the Cincinnati retirement
system
transfers to the Ohio police and fire pension fund the sum
of the
following: (a) The amount, contributed by the member, or, in the case
of
military service credit, paid by the member, that is
attributable to
that service; (b) An amount equal to the lesser of the amount contributed
by
the employer to the Cincinnati retirement system for the year
of
service or the amount that would have been contributed by the
employer for the
year of service had
the member been employed by
the member's current employer as a member of
the Ohio police and
fire pension fund at the time the credit was
earned; (c) Interest on the amounts specified in divisions
(B)(1)(a)
and (b) of this section from
the last day
of the year for which
the
service credit was earned or in which payment was made for
military service
credit to the date the
transfer is made. (2) If the member became a member of the fund on or after
September 16, 1998, the member pays the amount determined pursuant
to
division (I) of section 742.21 of the Revised
Code. (C)(1) A member of the fund
who has
received a refund of the
member's contributions to the Cincinnati
retirement system shall,
in computing years of service, be given credit
for service credit
earned for full-time service under the Cincinnati retirement
system
or purchased or obtained as
military service credit if both
of the following occur: (a) For each year of service, the Cincinnati retirement
system
transfers to the Ohio police and fire pension fund the sum
of the
following: (i) Interest on the amount refunded to the member that is
attributable to the year of service from the last day of the year
for which
the service credit was earned or in which payment was
made for military
service credit to the date the refund was made; (ii) An amount equal to the lesser of the
amount contributed
by the employer to the Cincinnati retirement
system for the year
of service or the amount that would have
been contributed by the
employer for the year of service had the member been
employed by
the member's
current employer as a
member of the Ohio police and
fire pension fund at the time the
credit was earned, with interest
on
that amount from the last day of the year for which the service
credit was
earned to the date of the transfer. (b) The member pays the sum of the following: (i) An amount equal to the amount refunded by the
Cincinnati
retirement system to the member for that year for contributions
and payments for military service credit, with
interest at a rate
established by the board of trustees of the Ohio
police and fire
pension fund on that amount from the date of the refund to the
date of
payment; (ii) An amount equal to the interest, if any, the member
received
when the refund was made that is attributable to the year
of service; (iii) If the member became a member of the fund on or after
September 16, 1998, an
amount paid by the member determined
pursuant to division (I) of
section 742.21 of the Revised Code. (2) The amount transferred under division
(C)(1)(a) of this
section shall not include any interest the Cincinnati
retirement
system paid the person when it made the refund. (D) Interest charged under this section shall be calculated
separately for each year of service credit. Unless otherwise
specified in
this section, it shall be calculated at the lesser of
the actuarial
assumption rate for that year of the fund or the
Cincinnati
retirement system. The interest shall be compounded
annually. (E) Subject to board rules, a member of the fund may choose
to
purchase in any one payment only part of the credit the member
is
eligible to purchase under this section. Interest charged under this section shall be calculated separately
for each year of
servise
service credit. Unless otherwise
specified in
this
section, it shall be calculated at the lesser of
the
actuarial
assumption rate for that year of the fund or the
Cincinnati
retirement system. The interest shall be compounded
annually. (F) A member of the fund is ineligible to receive credit
under
this section for service that is used in the calculation of
any retirement
benefit currently paid or payable in the future to
the member, or service rendered concurrently with any other period
for which service credit has already been granted. (G) At the request of the fund, the Cincinnati
retirement
system shall certify to the fund a
copy of the records of the
service and contributions of a member of the fund
who seeks
service credit under this section. On receipt of payment from the member under division
(C)(1)(b) of
this section, the Ohio police and fire pension fund
shall notify
the Cincinnati retirement system. On receipt of the
notice, the
Cincinnati retirement system shall
transfer the amount
described in division (C)(1)(a)
of this section. (H) A member of the fund who has purchased service credit
under
this section, or the member's estate, is entitled to a
refund of the amount or
portion of the amount paid to purchase the
credit
if the purchased credit does not increase a pension or
benefit
payable under section 742.37 or 742.39
or calculated under
section 742.442 of the Revised
Code. The
refund cancels an
equivalent amount of service credit. (I) The board shall adopt rules establishing a payroll
deduction
plan for purchase of service credit
under this section.
The rules shall meet the
requirements described in section 742.56
of the Revised
Code.
Sec. 742.214. (A) As used in this section, "transferred
service credit" means service credit purchased or obtained under
section 145.295, 145.2913, 3307.761, 3307.765, 3309.73, or
3309.731 of the Revised Code prior to the date a member commenced
the
employment covered by the Ohio police and fire pension fund
for
which the member is currently contributing to the fund. (B) A member of the Ohio police and fire pension fund who is
in the active service of a police or fire department
and, has
contributions on deposit with, but is no longer contributing to, a
non-uniform retirement system, and is not a participant in the
deferred retirement option plan established under section 742.43
of the Revised Code shall, in computing years of
service, be given
full credit for transferred service credit if a
transfer to the
Ohio police and fire pension fund is made under
this section. At
the request of a member, the non-uniform system
shall transfer to
the Ohio police and fire pension fund the sum of
the following: (1) An amount equal to the amounts transferred to the
non-uniform system under section 145.295, 145.2913, 3307.761,
3307.765, 3309.73, or 3309.731 of the Revised Code; (2) Interest, determined as provided in division (E) of this
section, on the amount specified in division (B)(1) of this
section for the period from the last day of the year in which the
transfer under section 145.295, 145.2913, 3307.761, 3307.765,
3309.73, or 3309.731 of the Revised Code was made to the date a
transfer is made under this section. (C) A member of the fund
with at least eighteen months of
contributing service credit with the Ohio police and fire pension
fund who is in the active service of a police or fire department,
and has received a refund of contributions to a non-uniform
retirement system, and is not a participant in the deferred
retirement option plan established under section 742.43 of the
Revised Code shall, in computing years of service, be given
full
credit for transferred service credit if, for each year of
service, the Ohio police and fire pension fund receives the sum of
the following: (1) An amount, which shall be paid by the member, equal to
the amount refunded by the non-uniform system to the member for
that year for transferred service credit, with interest on that
amount from the date of the refund to the date a payment is made
under this section; (2) Interest, which shall be transferred by the non-uniform
system, on the amount refunded to the member for the period from
the last day of the year in which the transfer under section
145.295, 145.2913, 3307.761, 3307.765, 3309.73, or 3309.731 of the
Revised Code was made to the date the refund was made; (3) If the non-uniform system retained any portion of the
amount transferred under section 145.295, 145.2913, 3307.761,
3307.765, 3309.73, or 3309.731 of the Revised Code, an amount,
which shall be transferred by the non-uniform system, equal to the
amount retained, with interest on that amount for the period from
the last day of the year in which the transfer under section
145.295, 145.2913, 3307.761, 3307.765, 3309.73, or 3309.731 of the
Revised Code was made to the date a transfer is made under this
section. On receipt of payment from the member, the Ohio police and
fire pension fund shall notify the non-uniform system, which, on
receipt of the notice, shall make the transfer required by this
division. Interest shall be determined as provided in division
(E) of this section. (D) Service credit purchased or obtained under this section
shall be used in computing the pension and benefits payable under
section 742.37 or 742.39 of the Revised Code. A member may choose
to purchase only part of the credit the member is eligible to
purchase under division (C) of this section in any one payment,
subject to rules adopted by the board of trustees of the Ohio
police and fire pension fund. A member is ineligible to purchase
or obtain service credit under this section for service to be used
in the calculation of any retirement benefit currently being paid
or payable to the member in the future under any other retirement
program or for service credit that may be purchased or obtained
under section 742.21 of the Revised Code. (E) Interest charged under this section shall be calculated
separately for each year of service credit at the lesser of the
actuarial assumption rate for that year of the Ohio police and
fire pension fund or of the non-uniform retirement system to which
the credit was transferred under section 145.295, 145.2913,
3307.761, 3307.765, 3309.73, or 3309.731 of the Revised Code. The
interest shall be compounded annually. (F) Any amounts transferred or paid under divisions (B) and
(C) of this section that are attributable to contributions made by
the member or to amounts paid to purchase service credit shall be
credited to the police officers' contribution fund or
firefighters' contribution fund created under section 742.59 of
the Revised Code, as applicable. Any remaining amounts shall be
credited to one or more of the funds created under that section as
determined by the board. (G) At the request of the Ohio police and fire pension fund,
the non-uniform retirement system shall certify to the fund a copy
of the records of the service and contributions of a member of the
fund who seeks service credit under this section. The non-uniform
retirement system shall specify the portions of the amounts
transferred that are attributable to employee contributions,
employer contributions, and interest. (H) If a member of the fund who is not a current contributor
elects to receive service credit under section 145.2913, 3307.765,
or 3309.731 of the Revised Code for transferred service credit, as
defined in those sections, the fund shall transfer to the
non-uniform retirement system, as applicable, the amount specified
in division (B) or (C) of section 145.2913, division (B) or (C) of
section 3307.765, or division (B) or (C) of section 3309.731 of
the Revised Code. (I) The board may adopt rules to implement this section.
Sec. 742.221. A member of the Ohio police and fire
pension
fund who, during the period of
employment
as a member of a police
or fire department, is removed from
active pay status due to
pregnancy or a medical disability leave
not exceeding one year for
each such leave,
and who is not a participant in the deferred
retirement option plan established under section 742.43 of the
Revised Code shall, in computing
years of active service in such
department under division (C) of
section 742.37 or section 742.39
of the Revised Code, be given
full credit for time for which
contributions were not made during such leave
of absence if all of
the following conditions are met: (A) The leave was approved by the member's employing
authority. (B) During the period of the leave the member was not
entitled to receive disability benefits from the fund. (C) The member pays into the fund an amount equal to the
employee contributions that would have been deducted from the
base
pay had the member remained on active pay status, plus
interest
compounded annually from the date the leave commenced to
the date
of payment. The rate of interest shall be determined by
the board
of trustees of the Ohio police and
fire pension fund.
Sec. 742.23. A member of the fund who is an employee of the
police department
of a municipal corporation
and, who has resigned
or has been honorably
discharged from membership in the fire
department of the same municipal
corporation, and who is not a
participant in the deferred retirement option plan established
under section 742.43 of the Revised Code shall, in computing years
of service in the police department
under section 742.37 or 742.39
of the Revised Code, be given
full credit for time served in such
fire department, provided the
member has paid into the Ohio police
and fire
pension fund a sum equal to that which the member would
have
been required to pay, under former section 741.12 and section
742.31 of the
Revised Code, as a member of such fire department
during the years for which
service credit is claimed had the
member been contributing a
percentage of the member's salary to a
firemen's
relief and pension fund or to the Ohio police and
fire
pension fund as
provided by such sections during such years.
Sec. 742.24. A member of the fund who is an employee of the
fire department
of a municipal corporation
and, who has resigned
or has been honorably
discharged from membership in the police
department of the same municipal
corporation, and who is not a
participant in the deferred retirement option plan established
under section 742.43 of the Revised Code shall, in computing years
of service in the fire department under
section 742.37 or 742.39
of the Revised Code, be given full
credit for the time served
in
such police department, provided the member has paid into
the Ohio
police and
fire pension
fund a sum equal to that which the member
would have been
required to pay, under former section 741.43 and
section 742.31 of the Revised
Code, as a member of such police
department during the years for which service
credit is claimed
had the member been contributing a
percentage of the member's
salary to a police relief and
pension fund or to the Ohio police
and fire
pension fund, as provided by such sections during such
years.
Sec. 742.251. (A) A member of the Ohio police and
fire
pension fund
who is not a participant in the deferred retirement
option plan established under section 742.43 of the Revised Code,
in computing years of
active service
under division (C) of section
742.37 or section 742.39 of the
Revised Code, shall
be given full
credit for full-time out-of-state or federal
service, other than
military service, purchased under this
section. A member may
purchase credit for such service if all of
the following
conditions are met: (1) The service was rendered as an employee of an entity
of
state or local government, or of an entity of the United
States
government; (2) The member is eligible to retire under this chapter or
will become eligible to retire as a result of purchasing the
credit; (3) The member agrees to retire within ninety days after
receiving notice of the amount determined under division (B) of
this section. (B) On receipt of a request from a member eligible to
purchase credit under this section, the fund shall obtain from
its
actuary certification of the amount of the additional
liability to
the fund for each year of credit the member is
eligible to
purchase and shall notify the member of that amount.
For each year
of credit purchased, the member shall pay to the
fund an amount
equal to the additional liability resulting from
the purchase of
credit for that year. Payment shall be made in
full at the time
of purchase. (C) The number of years of service purchased under this
section shall not exceed five. (D) A member may not purchase credit under this section
for
service that is used in the calculation of any public or
private
retirement benefit, other than federal social security
benefits,
currently being paid or payable in the future to the
member. (E) If the member does not retire within ninety days after
purchasing credit under this section, the fund shall withdraw the
credit and refund the amount paid by the member.
Sec. 742.27. (A) As used in this section, "lay off" means
to cease to employ a person pursuant to sections 124.321 to
124.328 of the Revised Code or pursuant to any similar provisions
that apply to the person under any of the following: (1) A collective bargaining agreement entered into under
Chapter 4117. of the Revised Code; (2) Any ordinance, resolution, contract, agreement,
policy,
or procedure governing employment. (B) A member of the Ohio police and
fire pension fund who,
during employment as a member of a police
or fire department, is
removed from active pay status by being
laid off by the member's
employer, shall, in computing years
of active service under
division (C) of section 742.37 or section
742.39 of the Revised
Code, be given full credit for time for which
contributions were
not made during the period the member was
laid off, if all of the
following conditions are met: (1) During the time the member was laid off, the member was
not
entitled to receive disability benefits from the fund. (2) During the time the member was laid off, the member did
not render any service that is used in the calculation of any
public
or private retirement benefit, except any federal social
security
retirement benefit, currently being paid or payable in
the future
to the member. (3) The fund receives the amount determined under division
(C) of this section from the member, the member's employer,
or the
member and the employer.
(4) At the time the fund receives the amount described in
division (B)(3) of this section, the member is not a participant
in the deferred retirement option plan established under section
742.43 of the Revised Code. The total amount of service purchased by any member under
this section shall not exceed two years. A member may choose to
purchase only part of such credit in any one payment, subject to
board rules. (C) The amount paid for the credit purchased under this
section shall be an amount equal to the additional liability to
the fund resulting from the purchase of the credit, as determined
by an actuary employed by the board of trustees of the fund. (D) The board shall have final authority to determine and
fix the amount of the payment for credit purchased under this
section. The employer may pay all or part of the payment. (E) The board shall adopt rules for the
implementation of
this section.
Sec. 742.37. The board of trustees of the Ohio police and
fire pension fund shall
adopt rules for the
management of the fund
and for the disbursement of benefits and
pensions as set forth in
this
section and section 742.39 of the Revised Code. Any
payment
of a benefit
or pension under this section is subject to the
provisions of
section 742.461 of the Revised Code.
Notwithstanding
any other
provision of this section, no pension or
benefit paid or
determined under division (B) or (C) of this
section or section
742.39
of the Revised Code shall exceed
the
limit established by
section 415 of the
"Internal Revenue
Code of
1986," 100 Stat.
2085, 26 U.S.C.A. 415, as amended. (A) Persons who were receiving benefit or pension payments
from a police relief and pension fund established under former
section 741.32 of the Revised Code, or from a firemen's relief and
pension
fund established under former
section 521.02 or
741.02 of
the Revised Code, at the time the assets of the
fund
were
transferred to the Ohio police and fire pension fund, known
at
that time as the police and firemen's disability and
pension fund,
shall receive benefit and pension payments from the
Ohio police
and
fire pension fund in
the same
amount and subject to the same
conditions as such payments
were
being made from the former fund
on the date of
the transfer. (B) A member of the fund who, pursuant to law, elected to
receive benefits and pensions from a police relief and pension
fund established under former section 741.32 of the Revised
Code,
or from a firemen's relief and
pension fund established
under
former section 741.02 of the Revised Code, in accordance
with the
rules of the fund governing the granting of
benefits or
pensions
therefrom in force on April 1, 1947, shall receive
benefits and
pensions from the Ohio police and fire
pension
fund in accordance
with such rules; provided, that
any member of the fund who is not
receiving a benefit or pension
from the fund on August 12, 1975,
may, upon application for a
benefit or pension to be received on
or after August 12, 1975,
elect to receive a benefit or pension in
accordance with division
(C) of this section. (C) Members of the fund who have not elected to receive
benefits and pensions from a police relief and pension fund or a
firemen's relief and pension fund in
accordance with the rules of
the fund in force on April 1, 1947, shall receive pensions
and
benefits in accordance with the following provisions: (1) A member of the fund who has completed twenty-five
years
of active service in a police or fire department and has
attained
forty-eight years of age may, at the member's
election, retire
from the police or fire department.
Except while
participating in
the deferred retirement option plan established
under section
742.43 of the Revised Code, upon
Upon notifying the board
in
writing of
the election,
the member shall receive an annual
pension,
payable
in twelve monthly installments, in an amount
equal to a
percentage
of the member's average annual salary. The
percentage
shall
be
the sum of two and one-half per cent for each
of the
first
twenty
years the member was in the active service of
the
department,
plus
two per cent for each of the twenty-first to
twenty-fifth
years
the member was in the active service of the
department, plus one
and one-half per cent for each year in excess
of twenty-five
years
the member was in the active service of the
department. The
annual pension shall not exceed seventy-two per
cent of the
member's average annual salary. A member who completed twenty-five years of active
service,
has resigned or been discharged, and
has left the
sum deducted
from the member's salary on deposit in the pension fund
shall,
upon attaining
forty-eight years of age, be
entitled to receive a
normal service pension benefit computed and
paid under division
(C)(1) of this section.
While participating in the deferred retirement option plan
established under section 742.43 of the Revised Code, a member
shall not be considered to have elected retirement under division
(C)(1) of this section. On notifying the board under division
(B)(1) of section 742.444 of the Revised Code of the member's
election to terminate active service, a member described in
division (B) of that section shall receive an annual pension under
division (C)(1) of this section calculated in accordance with
section 742.442 of the Revised Code and rules that shall be
adopted by the board of trustees of the Ohio police and fire
pension fund. (2) A member of the fund who has served fifteen or more
years as an active member of a police or fire department and who
voluntarily resigns or is discharged from the department
for any
reason other than dishonesty, cowardice, intemperate habits, or
conviction of a felony, shall receive an annual pension, payable
in twelve monthly installments, in an amount equal to one and
one-half per cent of the member's average annual salary
multiplied
by the
number of full years the member was in the active service
of
the department. The pension payments shall not commence
until
the
member has attained the age of forty-eight years and until
twenty-five years have elapsed from the date on which the
member
became a
full-time regular police officer or
firefighter in the
department. (3) A member of the fund who has completed fifteen or more
years of active service in a police or fire department and who
has
attained sixty-two years of age, may retire from the
department
and, upon notifying the board in writing of the
election to
retire, shall receive an annual pension, payable in
twelve monthly
installments, in an amount equal to a percentage
of the member's
average annual salary. The percentage
shall be the sum of two and
one-half per cent for each of the first twenty
years
the member
was in the active service of the department,
plus
two per cent for
each of the twenty-first to twenty-fifth years
the member was in
the active service of the department, plus one and one-half
per
cent for each year in excess of twenty-five years the member
was
in the
active service of the department. The
annual pension shall
not
exceed seventy-two per cent of the member's average annual
salary. (4) With the exception of those persons who may make
application
for benefits as provided in section 742.26 of the
Revised Code,
no person receiving a pension or other benefit under
division (C)
of this section on or after July 24, 1986, shall be
entitled to
apply for any new, changed, or different benefit. If a member covered by division (C) of this section or
section 742.38
of the Revised Code dies
prior to the time the
member has received a payment and
leaves a
surviving spouse or
dependent child, the surviving
spouse or dependent child shall
receive a pension under division
(D) or (E) of this section. (D)(1) Except as provided in division (D)(2)
of this
section, a surviving spouse of a deceased member of the fund
or a
surviving spouse described in division (D)(4) of this section
shall
receive a monthly pension
as follows: (a) For the period beginning
July 1, 1999, and ending
June
30, 2000, five hundred
fifty dollars; (b) For the period beginning
July 1, 2000, and
ending June
30, 2002, five hundred fifty dollars plus an amount determined by
multiplying five hundred fifty dollars by the average percentage
change in the consumer price index, not exceeding three per cent,
as determined by the board under former section 742.3716 of the
Revised Code; (c) For the period beginning July 1, 2002, and the period
beginning the first day
of July of each year thereafter
and
continuing for the following
twelve months, an amount equal
to the
monthly amount paid during
the prior twelve-month period
plus
sixteen dollars
and fifty
cents. (2) A surviving spouse of a deceased member of the fund
shall receive a monthly pension
of four hundred ten dollars if
the
surviving spouse is eligible
for a benefit under division
(B) or
(D) of section 742.63 of the
Revised Code. If the surviving
spouse ceases to be eligible
for a benefit under division (B) or
(D) of section 742.63 of
the Revised
Code, the pension shall be
increased, effective the first day of the first month following
the day on which the surviving spouse ceases to be eligible for
the benefit,
to the amount it would be under division (D)(1) of
this section had
the spouse never
been eligible for a benefit
under division (B) or (D) of
section 742.63 of the
Revised
Code. (3) A pension paid under this division shall
continue
during
the natural life of the surviving spouse.
Benefits to a deceased
member's surviving
spouse that
were terminated under a former
version of this section that
required termination due to
remarriage and were not resumed
prior to September
16, 1998, shall
resume on
the first day of the month immediately following receipt
by the
board of an application on a form provided by the board.
(4) A surviving spouse of a deceased member of or
contributor
to a fund established under former Chapter 521. or
741. of the
Revised Code whose benefit or pension was terminated
or not paid
due to remarriage shall receive a monthly pension
under division
(D)(1) of this section. The pension shall commence on the first day of the month
immediately following receipt by the board of a completed
application on a form provided by the board and evidence
acceptable to the board that at the time of death the deceased
spouse was a member of or contributor to a police or firemen's
relief and pension fund established under former Chapter 521. or
741. of the Revised Code and that the surviving spouse's benefits
were terminated or not granted due to remarriage.
(E)(1) Each surviving child of a deceased member
of the
fund
shall receive a monthly pension
until
the child attains the
age of eighteen years, or
marries,
whichever
event occurs first.
A
pension under this
division,
however, shall
continue to be
payable
to a child under age
twenty-two who is a
student in and
attending
an institution of
learning or training
pursuant to a
program
designed to complete
in
each school year the
equivalent of
at
least two-thirds of the
full-time curriculum
requirements of
the
institution, as
determined by the board. If
any surviving
child,
regardless
of
age at the time of the member's
death,
because of
physical
or
mental disability, is totally
dependent
upon the
deceased
member
for support at the time of
death, the
child shall
receive a
monthly
pension under this
division during
the
child's
natural
life or until the child has
recovered
from the
disability. (2) An eligible surviving child shall receive a monthly
pension as follows: (a) For the period beginning
July 1, 2001, and ending June
30, 2002, a monthly pension of one hundred fifty dollars plus the
cost of living increase provided for in former section 742.3720 of
the Revised Code; (b) For the period beginning July 1, 2002, and ending June
30, 2003, one hundred sixty-three
dollars and fifty cents; (c) For the period beginning July 1, 2003, and
the period
beginning the first day
of each July thereafter and continuing for
the following twelve
months, an amount equal to the monthly amount
paid during the
prior twelve-month period plus four dollars and
fifty cents.
(F)(1) If a deceased member of the fund leaves no surviving
spouse or surviving children, but leaves
one or two parents
dependent
upon the deceased member for support, each parent shall
be
paid a
monthly pension. The
pensions
provided for in this
division shall be paid during the
natural
life of the surviving
parents, or until dependency ceases,
or
until remarriage,
whichever event occurs first. (2) Each eligible surviving parent shall be paid a monthly
pension as follows: (a) For the period ending June 30, 2002, one hundred six
dollars for each parent or two hundred twelve dollars for a sole
dependent parent; (b) For the period beginning July 1, 2002, and ending June
30, 2003, one hundred nine dollars for each parent or two hundred
eighteen dollars for a sole dependent parent; (c) For the period beginning July 1, 2003, and the first day
of each July thereafter and continuing for the following twelve
months, an amount equal to the monthly amount paid during the
prior twelve-month period plus three dollars for each parent or
six dollars for a sole dependent parent.
(G) Subject to the provisions of section 742.461 of the
Revised Code, a member of the fund who voluntarily
resigns or is
removed from active service in a police or fire
department is
entitled to receive an amount equal to the sums
deducted from the
member's salary and credited to
the member's account in the fund,
except that a member receiving a
disability benefit or service
pension is not entitled to receive any return of
contributions to
the fund. (H) On and after January 1, 1970, all pensions shall be
increased in accordance with the following provisions: (1) A member of the fund who retired prior to January 1,
1967, has attained age sixty-five on January 1, 1970, and was
receiving a pension on December 31, 1969, pursuant to division
(B)
or (C)(1) of this section
or former division (C)(2), (3), (4), or
(5) of this section,
shall have the pension increased by ten per
cent. (2) The monthly pension payable to eligible surviving
spouses under division (D) of this section shall be increased by
forty dollars for each surviving spouse receiving a pension on
December 31, 1969. (3) The monthly pension payable to each eligible child
under
division (E) of this section shall be increased by ten
dollars for
each child receiving a pension on December 31, 1969. (4) The monthly pension payable to each eligible dependent
parent under division (F) of this section shall be increased by
thirty dollars for each parent receiving a pension on December
31,
1969. (5) A member of the fund, including a survivor of a
member,
who is receiving a pension in accordance with the rules
governing
the granting of pensions and benefits in force on April
1, 1947,
that provide an increase in the original pension
from
time to time
pursuant to changes in the salaries of active
members, shall not
be eligible for the benefits provided in this
division. (I) On and after January 1, 1977, a member of the fund who
was receiving a pension or benefit on December 31, 1973, under
division (A), (B), (C)(1), or former division
(C)(2) or (7) of
this section shall have
the pension or benefit increased as
follows: (1) If the member's annual pension or benefit is less than
two
thousand seven hundred dollars, it shall be increased to three
thousand dollars. (2) If the member's annual pension or benefit is two
thousand seven
hundred dollars or more, it shall be increased by
three hundred
dollars. The following shall not be eligible to receive increased
pensions or benefits as provided in this division: (a) A member of the fund who is receiving a pension or
benefit in accordance with the rules in force on April 1, 1947,
governing the granting of pensions and benefits, which provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members; (b) A member of the fund who is receiving a pension or
benefit under division (A) or (B) of this section, based on
funded
volunteer or funded part-time service, or off-duty
disability, or
partial on-duty disability, or early vested
service; (c) A member of the fund who is receiving a pension under
division (C)(1) of this section, based on funded volunteer or
funded part-time service. (J) On and after July 1, 1977, a member of the fund who
was
receiving an annual pension or benefit on December 31, 1973,
pursuant to division (B) of this section, based upon partial
disability, off-duty disability, or early vested service, or
pursuant to former division (C)(3), (5), or (6) of this section,
shall
have such annual pension or benefit increased by three
hundred
dollars. The following are not eligible to receive the increase
provided by this division: (1) A member of the fund who is receiving a pension or
benefit in accordance with the rules in force on April 1, 1947,
governing the granting of pensions and benefits, which provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members; (2) A member of the fund who is receiving a pension or
benefit under division (B) or (C)(2) of this section or
former
division (C)(3), (5), or (6) of
this section based on volunteer or
part-time service. (K)(1) Except as otherwise provided in this division,
every
person who on July 24, 1986, is receiving an age and
service or
disability pension, allowance, or benefit pursuant to
this chapter
in an amount less than thirteen thousand dollars a
year that is
based upon an award made effective prior to February
28, 1984,
shall receive an increase of six hundred dollars a year
or the
amount necessary to increase the pension or benefit to
four
thousand two hundred dollars after all adjustments required
by
this section, whichever is greater. (2) Division (K)(1) of this section does not apply to the
following: (a) A member of the fund who is receiving a pension or
benefit in accordance with rules in force on April 1, 1947, that
govern the granting of pensions and benefits and that provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members; (b) A member of the fund who is receiving a pension or
benefit based on funded volunteer or funded part-time service. (L) On and after July 24, 1986: (1) The pension of each person receiving a pension under
division (D) of this section on July 24, 1986, shall be increased
to three hundred ten dollars per month. (2) The pension of each person receiving a pension under
division (E) of this section on July 24, 1986, shall be increased
to ninety-three dollars per month.
Sec. 742.371. A member of the fund who is in the
active
service of a police
or fire department
and, is not receiving
a
pension or
benefit payment from the Ohio police and fire
pension
fund, and is not a participant in the deferred retirement option
plan established under section 742.43 of the Revised Code shall,
in computing years of active service in such
department under
division (C) of section 742.37 or section
742.39
of the Revised
Code, be given credit for
time
previously
served
in the active
full-time service
of
an Ohio police
or fire
department, provided
both of the
following occur: (A) The member was a member of a police or firemen's relief
and
pension fund or the Ohio police and fire pension
fund during
the
entire period for which such active service credit
is
claimed. (B) The member pays into the Ohio police and fire
pension
fund the amount received by the member under
division (I) of
former section 521.11, division (I) of former section 741.18,
division (I) of former section 741.49, or division (G) of section
742.37 of the Revised Code, with interest compounded annually
thereon at a rate to be determined by the board of trustees of
the
Ohio police and
fire
pension fund, from the
date of such receipt
to the date of such deposit.
Subject to board rules, a member may choose to purchase in
any one payment only part of the credit that may be purchased
under this section. At the request of the fund, the employer shall certify to
the
board the dates the member was in the active service of the
police
or fire department.
Sec. 742.375.
Except for service credit transferred under
section 742.214 of the Revised Code, a member of the fund who is
in the active
service of a police or fire department
and, is not
receiving a
pension or benefit payment from the Ohio police and
fire pension
fund, and is not a participant in the deferred
retirement option plan established under section 742.43 of the
Revised Code shall, in computing years of
active
service in
such
department under division (C) of section 742.37 or
section
742.39
of the Revised Code, be given full credit for the time
served in
the state highway patrol retirement system, provided
such member
pays into the Ohio police and
fire pension fund
the
amount
received by the member under section 5505.19 of
the Revised
Code,
with interest compounded annually thereon at a rate to be
determined by the board of trustees of the Ohio police and fire
pension fund from the date of such receipt to the date
of such
deposit. The member may choose to purchase only part of
such
credit in any one payment, subject to board rules. Upon certification by the board to the board of the state
highway
patrol retirement system of such payment by the member of
the
fund, the state highway patrol retirement board shall pay from
the employer's accumulation fund under division (C) of section
5505.03 of the Revised Code to the Ohio police and
fire pension
fund an amount equal to the payment of
the
member of the fund.
Sec. 742.376. A member of the fund who is in the active
service of a police or fire department
and, is not receiving a
pension or benefit payment from the Ohio police and
fire pension
fund, and is not a participant in the deferred retirement option
plan established under section 742.43 of the Revised Code shall,
in computing years of
active
service in such department under
division (C) of section 742.37 or
section 742.39 of the Revised
Code, be given full credit for
service as a
full-time police
officer or
firefighter, provided that all of the
following occur: (A) Such service was rendered prior to January 1, 1967. (B) The municipal corporation or township, at the time
such
service was rendered, had not established a police or
firemen's
relief and pension fund to which
the member could
otherwise have
made pension contributions. (C) The member was enrolled in the public employees
retirement system, contributed thereto, and has withdrawn the
member's
retirement contributions. (D) The member pays into the Ohio police and fire
pension
fund the amount withdrawn by the member
from the
public employees
retirement system, with interest compounded
annually thereon at a
rate to be determined by the board from the
date of such
withdrawal to the date of deposit. The member may
choose to
purchase only part of such credit in any one payment,
subject to
board rules. Purchase of such credit in the Ohio police and fire
pension
fund shall forever bar the member from
reinstating such credit in
the public employees retirement
system.
Sec. 742.3711. (A) On application for retirement as
provided in section 742.37 of the Revised Code, a member of the
fund may elect to receive a retirement allowance payable
throughout the member's life, or may elect, on the
application for
retirement, to receive the actuarial
equivalent of the member's
retirement
allowance in a lesser amount payable for life and
continuing
after death to a surviving designated beneficiary under
one
of the following optional plans, provided the amount payable
to
the beneficiary shall not exceed the amount payable to the
retiring member of the fund, and is certified by the actuary
engaged by the board of trustees of the Ohio police and fire
pension fund to be the actuarial equivalent of the member's
retirement allowance and is approved by the board. (1) Option 1. The member's lesser retirement allowance
shall
be paid for life to the sole beneficiary designated at the
time of the member's retirement. (2) Option 2. One-half or some other portion of the
member's
lesser retirement allowance shall be paid for life to the
sole
beneficiary designated at the time of the member's
retirement. (3) Option 3. Upon the member's death before the
expiration
of a
certain period from the retirement date and elected by the
member and
approved by the retirement board, the member's lesser
retirement allowance shall be continued for the remainder of
that
period to the
beneficiary the member has nominated by written
designation
and filed
with the retirement board. Should the nominated beneficiary designated in writing
become
deceased prior to the expiration of the guarantee period,
then for
the purpose of completing payment for the remainder of
the
guarantee period, the present value of such payments shall be
paid
to the estate of the beneficiary last receiving. (B)(1)
On or after February 28, 1980, the
The death of a
spouse
nominated as beneficiary or the death of any other
nominated
beneficiary following
a member's retirement
or election
under section 742.44 of the Revised Code
to participate in the
deferred retirement option plan shall cancel
any
optional plan of
payment to provide continuing lifetime
benefits
to such nominated
beneficiary and return the member of
the fund
to the member's
single lifetime benefit equivalent, as
determined by the
board, to
be effective the month following
receipt by the board
of notice of
the death. (2) On divorce, annulment, or marriage dissolution, a
member
receiving a retirement allowance under a plan that
provides for
continuation of all or part of the allowance after
death for the
lifetime of the member's surviving
spouse may, with the written
consent of the spouse or pursuant to an order of
the
court with
jurisdiction over the termination of the marriage,
elect to cancel
the plan and receive the member's single
lifetime benefit
equivalent as determined by the board. The election
shall be made
on a form provided by the board and shall be
effective the month
following its receipt by the board. (C) Following marriage or remarriage, a member of the fund
receiving a pension under section 742.37 or 742.39 of the Revised
Code may elect not later than one year after the date of marriage
or
remarriage a new optional plan of payment based on the
actuarial
equivalent of the member's single lifetime benefit as
determined
by the
board. The plan and the member's lesser
retirement
allowance shall
become effective on the date the
election is made
on a form approved by the board. (D)(1) Unless one of the following occurs, an application
for
retirement by a married person shall be considered an election
of
a benefit under option 2 as provided for in division (A)(2) of
this section under which one-half of the lesser retirement
allowance payable during the life of the retirant will be paid
after death to the retirant's spouse for life as
sole beneficiary: (a) The retirant selects an optional plan under division
(A)
of this section providing for payment after death to
the
retirant's
spouse for life as sole beneficiary of more than
one-half of the
lesser retirement allowance payable during the
life of the
retirant; (b) The retirant submits to the retirement board a written
statement signed by the spouse attesting that the spouse consents
to the
retirant's election
to receive a single lifetime
retirement
allowance or a payment under an optional benefit plan
under which
after the death of the retirant the surviving spouse
will receive
less than one-half of the lesser retirement
allowance payable
during the life of the retirant. (2) An application for
retirement shall include an
explanation of all of the following: (a) That, if the member is married, unless the
spouse
consents to another plan of payment, the member's
retirement
allowance will be paid under
"option 2" and consist
of the
actuarial equivalent of the member's retirement allowance
in a
lesser amount payable for life and one-half of the
lesser
allowance continuing after death to the surviving spouse for the
life of the spouse; (b) A description of the alternative plans of
payment
available with the consent of the spouse; (c) That the spouse may consent to another plan of
payment
and the procedure for giving consent; (d) That consent is irrevocable once notice of consent is
filed
with the board. Consent shall be valid only
if it is signed, in writing, and
witnessed by an employee of the board or a
notary public. (3) If the retirant does not select an optional plan as
described in division (D)(1)(a) of this section and the board does
not receive the written statement provided for in division
(D)(1)(b)
of this section, it shall determine and pay the
retirement
allowance in accordance with division (A)(2) of this
section,
except that the board may provide by rule for waiver by
the board
of the statement and payment of the allowance other than
in
accordance with division (A)(2) of this section if the retirant
is unable to obtain the statement due to absence or incapacity of
the spouse or other cause specified by the board. (E) A member of the fund who has elected an optional plan
under this section or section 742.3715 of the Revised Code may,
with the consent of the designated beneficiary, cancel the
optional plan and receive the retirement allowance payable
throughout life the member would have received had
the member not
elected the
optional plan, if the member makes a request to cancel
the
optional plan
not later than one year after the later of
September 9, 1988, or
the date on which the member first receives
a payment under this
section or section 742.3715 of the Revised
Code. Cancellation of
the optional plan shall be effective the
month after acceptance
of the request by the trustees of the fund.
No payment or
adjustment shall be made in the retirement allowance
payable
throughout the member's life to compensate for the lesser
allowance the member received under the optional plan. The request to cancel the optional plan shall be made on a
form provided by the fund and shall be valid only if the
completed
form includes a signed statement of the designated
beneficiary's
understanding of and consent to the cancellation. The signature
shall be verified by the trustees of the fund prior
to their
acceptance of the cancellation. (F) Any option elected and payments made under this
section
shall be in addition to any benefit payable under
divisions (D),
(E), and (F) of section 742.37 of the Revised
Code. (G) A
person is eligible to receive a benefit
increase under
this
division if the person is receiving a retirement allowance or
benefit
under an optional plan elected under this section or
section
742.3715 of the Revised Code based on an award made prior
to July
24, 1986. A person is not eligible to receive an
increase
under this
division if the person is
receiving a
pension or
benefit in accordance with rules in force on April 1,
1947, that
govern the granting of pensions and benefits and that
provide an
increase in the original pension or benefit from time
to time
pursuant to changes in the salaries of active members. The
board shall
annually increase all benefits
payable
under
this section or section 742.3715 of the Revised
Code to
eligible
persons by the actuarial equivalent of
three hundred sixty
dollars, except that
no benefit shall
exceed the limit
established by section 415 of the
"Internal
Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. 415, as
amended. The
first increase is payable to all eligible
persons on
July
1, 1988. The increase is
payable for
the ensuing
twelve-month
period or until the next increase is
granted under
this section,
whichever is later. The date of the first increase payable under
this
section
shall be the anniversary date for future increases.
Sec. 742.3714. As used in this section, "contingent
dependent beneficiary" means a person so designated pursuant to
this section by a member or former member of the Ohio police
and
fire pension fund. Prior to retiring under section 742.37 of the Revised Code,
a
member or former member of the fund who is, or within twelve
months will be, eligible to retire and receive a pension or
benefit under division (C)(1) or (3) of section 742.37 of
the
Revised Code may designate one dependent, not the member's or
former member's spouse, as the contingent dependent
beneficiary.
The determination of what
constitutes a dependent for the purposes
of this section shall be
made by the board of trustees of the fund
in accordance with
rules adopted pursuant to this section. The
designation shall be
made on a form provided by the board and
shall be filed with the
board. The designation may be changed or
withdrawn in accordance
with rules adopted by the board pursuant
to this section. The
designation shall be used only for the
purposes of this section
and shall cease to have effect if the
member or former member
retires under section 742.37 of the
Revised Code, or dies prior
to retirement and is survived by a
spouse. The board shall
annually inform members and eligible
former members of the fund
of the right to designate a contingent
dependent beneficiary
under this section. In addition to any other pension, allowance, or benefit
payable under this chapter, the surviving spouse of a deceased
member or former member of the fund who at the time of the
member's or former member's death was eligible to retire and
receive a
pension or benefit under
division (C)(1) or (3) of
section 742.37 of the Revised
Code, but
had not retired, shall
receive an annual retirement allowance
under this section, payable
in twelve monthly installments. If
on the date of death of the
member or former member there is no
surviving spouse, the
allowance shall be paid to the contingent
dependent beneficiary.
If on such date there is no surviving
spouse and no person
designated as a contingent dependent
beneficiary who is determined
by the board of trustees to be a
dependent of the member or former
member, no allowance or benefit
shall be paid under this section. The
Unless at the time of death the member was participating
in the deferred retirement option plan established under section
742.43 of the Revised Code, the allowance paid under this section
shall be an amount
equal to the amount the surviving spouse or
contingent dependent
beneficiary would have been entitled to
receive had the member or
former member retired effective the day
following the date of
death having selected an option 2 plan under
division (A)(2) of
section 742.3711 of the Revised Code providing
for one-half of
the member's or former member's lesser retirement
allowance
to be paid to the surviving
spouse or contingent
dependent beneficiary.
Payments
The allowance paid under this
section to the surviving spouse or contingent dependent
beneficiary of a member who at the time of death was participating
in the deferred retirement option plan established under section
742.43 of the Revised Code shall be an amount calculated in
accordance with section 742.442 of the Revised Code and rules that
shall be adopted by the board of trustees of the Ohio police and
fire pension fund.
Payments under this
section are payable effective the first
day of the first month
following the death of the member or former
member of the fund.
Sec. 742.3716. (A)(1) As used in this section: (1)(a)
"Eligible person" means a person who meets all of the
following conditions:
(a)(i) Has been receiving a pension or benefit under this
chapter for one year or more based on an award made on or after
July 24, 1986;
(b)(ii) Has not made the election provided for in division
(B)
of this section;
(c)(iii) Is not the spouse or survivor of a person who has
made
the election provided for in division (B) of this section;
(d)(iv) Is receiving a benefit in accordance with division
(A),
(B), or (C) of section 742.37,
division (C)(2), (3), (4), or
(5)
of former section
742.37, section 742.3711, or section 742.39
of
the Revised Code.
(2)(b)
"Recalculated average annual salary" means the highest
average annual compensation of a member of the Ohio police and
fire pension fund during any three
years of
contributions,
including amounts included in terminal pay
attributable to such
three years, determined by dividing the
member's total earnings as
an employee during such years by
three.
(2) In the case of a member participating in the deferred
retirement option plan established under section 742.43 of the
Revised Code or a member described in division (B) of section
742.444 of the Revised Code, the period of one year or more
described in division (A)(1)(a)(i) of this section begins on the
effective date of the member's election under section 742.44 of
the Revised Code. (B)(1) Notwithstanding section 742.37 or 742.39 of the
Revised Code,
a member of the fund who is not receiving a pension
or benefit
under this chapter and who on January 1, 1989, has
completed
fifteen or more years of active service in a police or
fire
department may elect to have any future benefit or pension
paid
to the member or the member's spouse or
survivors under this
chapter calculated
on the basis of the member's recalculated
average annual
salary rather
than the member's average annual
salary. The election shall
be made by
the member prior to or at
the time of making an election under
section 742.3711 of the
Revised Code.
This division does not apply to a member of the fund
who
has elected to participate in the deferred retirement option
plan established under section 742.43 of the Revised Code
unless
the member's participation has terminated pursuant to division (C)
of section 742.444 or to section 742.445 of the Revised Code. (2) If the member eligible to make the election under
division (B)(1) of this section dies prior to making the election
and at the time of death is eligible to retire and receive a
pension or benefit under division (C)(1) or (3) of section
742.37
of the Revised Code, the person entitled to receive a benefit
under section 742.3714 of the Revised Code may make the election
provided for in division (B)(1) of this section. (3) The election under division (B)(1) or (2) of this
section shall be made on forms provided by the trustees of the
fund. Once received by the fund, the election shall be
irrevocable and shall bind the member and any other person who
receives a pension or benefit based on the member's service. No
person who receives a pension or benefit calculated in accordance
with division (B) of this section is eligible to receive a
cost-of-living allowance under this section. If the person
making
the election receives a benefit under section 742.3714 of
the
Revised Code, that person is not eligible to receive a
cost-of-living allowance under section 742.3711 of the Revised
Code. (C)(1)
The board of trustees of the Ohio police and fire
pension fund
shall
annually increase all
benefits
payable to
eligible persons by
three per
cent,
except that no
benefit shall
exceed the
limit established by section 415 of the
"Internal
Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 415,
as
amended. The
first
increase is payable to all
eligible
persons who on
July 1, 1988, have been receiving a
pension or
benefit for twelve
months or longer. The
increase is
payable for the ensuing
twelve-month period or
until the next
increase is granted under
this section, whichever
is later. The date of the first
increase paid under
this
section shall
be the anniversary date for future
increases. The pension or
benefit used in the first
calculation
of an
increase under this
section
shall
remain as the
base for all future
increases paid
under
this section,
unless a new base is
established by law.
In
the case of a member who has elected to participate in the
deferred retirement
option plan established under section 742.43
of the Revised Code
or a member described in division (B) of
section 742.444 of the
Revised Code, the pension amount used in
the first calculation of
an increase under this section shall be
the amount calculated
under section 742.442 of the Revised Code
unless the member's participation has terminated pursuant to
division (C) of section 742.444 or to section 742.445 of the
Revised Code. (2)
Increases paid in years
subsequent to the year of
the
first
increase
paid under this section
shall be
paid to all
eligible persons who,
on the date that the
increase is authorized
by
the board, have been receiving a
pension
or benefit for twelve
months.
Sec. 742.44. Except as provided in section 742.14 of the
Revised Code, at any time prior to filing an application
for
retirement under division (C)(1) of section 742.37 of the
Revised
Code, a member who is eligible to retire under that
division
may
elect to participate in the deferred retirement
option plan
established under section 742.43 of the Revised Code. To make an election, an eligible member shall complete and
submit to the Ohio police and fire pension fund a form prescribed
by the fund. At this time the member may, but is not required to,
elect under section 742.3711 of the Revised Code to have the
member's monthly pension calculated as a retirement allowance
payable throughout the member's life or a retirement allowance
that continues to a surviving beneficiary
under option 2 in
division (A) of section 742.3711 of the Revised Code. Unless
rescinded
during a period specified in rules adopted under section
742.43 of
the Revised Code, the election is irrevocable from the
date it
is
received by the fund until the employee ceases to
participate
in
the plan as provided in section 742.444 of the
Revised Code. A member is not required to specify the number of years or
portion of a year the member will participate in the
plan but
must
agree to terminate active service in a police or
fire
department
and begin receiving the member's pension not later
than the date
that is eight years after the effective date of the
election to
participate in the plan or be subject to the forfeiture provisions
of division (C) of section 742.444 of the Revised Code. The effective date of an election made under this section is
the first day of the employer's first payroll period immediately
following the board's receipt of the notice of election.
Sec. 742.442. For each member who elects to participate in
the
deferred retirement option plan, the Ohio police and fire
pension
fund shall determine under division (C)(1) of section
742.37 of
the Revised Code the monthly pension amount that would
be payable
to the member had the member elected to receive a
pension under that division. In determining the pension
amount,
the fund shall use the member's total service credit and
average
annual salary as of the last day of the employer's payroll period
immediately prior to the effective date of the member's
election
to participate in the
plan. The pension amount shall be
calculated as a retirement
allowance payable for the member's
life, except that, if at the
time of electing to participate in
the plan the member selected
another
the plan of payment
in option
2 of division (A) of section 742.3711 of the Revised Code, the
pension
shall be calculated using
the
that plan of payment
selected. A member who participates in the plan is not eligible to
make
an election under division (B) of section 742.3716 of the
Revised
Code.
Sec. 742.443. (A) During the period beginning on the
effective date of an
election to participate in the deferred
retirement option plan and
ending on the date
participation
ceases,
a member's monthly pension
amount determined under section
742.442
of the Revised Code shall
accrue to the member's benefit.
To this
amount shall be added
any benefit increases the member
would be
eligible for
under
division (C) of section 742.3716 of
the Revised
Code had the
member, on the effective date of the
member's
election,
retired
under division (C)(1) of section 742.37
of the
Revised
Code. (B)(1) The amounts
contributed under section 742.31 of the
Revised
Code by a member participating in
the deferred retirement
option plan shall accrue to the member's benefit as follows: (a) During the period beginning on the first day of the
first payroll period after the election's effective
date and
ending on the earlier of the date that is two years
thereafter or
the date the member ceases participation in the
plan, fifty per
cent of the member's contributions for that
period; (b) During the period beginning on the date that is two
years and one day after accruals begin under this division and
ending
on the earlier of the date that is three years thereafter
or the date the member ceases
participation in the plan,
seventy-five per cent of the member's
contributions for that
period; (c) During the period beginning on the date that is three
years and one day after accruals begin under this section and
ending
on the date the member ceases participation in the plan,
one
hundred per cent of the member's contributions for that
period. (2) The Ohio police and fire pension fund shall credit the
portion of a member's
contributions that are not accrued to the
member's benefit under division (B)(1) of this section to the
police officers' contribution fund or firefighters' contribution
fund, as appropriate. (C) During the period beginning on the election's effective
date and ending on the
day before the date
the member ceases
participation in
the
plan
distributions under division (B)(3) of
section 742.444 of the Revised Code are completed, the amounts
described in divisions (A) and (B)(1) of
this
section shall earn
interest at an annual rate established by the
board of trustees of
the fund and compounded annually using a
method established by
rule adopted under section 742.43 of the
Revised Code.
Sec. 742.444. (A) A member's participation in the
deferred
retirement option plan ceases on the occurrence of the
earliest of
the following: (1) Termination of the member's active service in a police
or
fire department; (2) The last day of the eight-year period that begins on the
effective date of the member's election to participate in the
plan; (3) Acceptance by the member of a disability benefit
awarded
by the board of trustees of the Ohio police and fire
pension fund,
unless the acceptance is revoked by the member in accordance with
rules adopted by the board; (4) The member's death. (B) If a member terminates active service in a police or
fire department not later than eight years after the effective
date of the member's election to participate in the plan, all of
the following apply: (1) The member shall notify the Ohio police and fire
pension
fund of the date of termination on a form prescribed by
the fund.
The member is not eligible to make another election
under
section
742.44 of the Revised Code. (2) If the member's termination of active service occurs
on
or after the date that is the first day of the fourth year after
the effective date of the election to
participate in the plan, the
entire amount that has accrued
to the
member's benefit under the
deferred retirement option plan
shall
be distributed to the member
pursuant to the member's
selection
under division (B)(3) of this
section. If the
termination of
active service occurs before the
date that is four years after
the effective
date of the election
to participate, the member
shall forfeit the
total amount of the
interest credited under
division (C) of
section 742.443 of the
Revised Code. (3) The member shall select one of the following as the
method of distribution of the amount to be distributed to the
member: (a) A single payment; (b) Periodic payments as determined by the board. The fund shall retain amounts accrued to the benefit of a
member under the plan until a form specifying the method of
distribution selected is filed with the fund by the member or an
authorized representative of the member. The board shall afford a member who selects periodic
payments
the opportunity at least once during each calendar year
to change
the member's selection. (4) Distribution of the amount accrued to a member's benefit
under the deferred retirement option plan shall not commence
until
the date that is the first day of the fourth year after the
effective date of the
election. (5) The member shall select a plan of payment under section
742.3711 of the Revised Code for the pension payable to the member
under division (C) of section 742.37 of the Revised Code, unless
the member selected a plan of payment at the time of electing to
participate in the plan. The pension shall commence
on
not later
than the first
day of the second month following the date the
employee ceases to
participate in the plan. (C) If, at the end of the eight-year period that begins on
the effective date of a member's election to participate in
the
plan, the member has failed to terminate active service in a
police or fire department, all of the following apply: (1) No further amounts shall accrue to the member's benefit,
and the member shall forfeit all amounts that have accrued to the
member's benefit under section 742.443 of the Revised Code. The
amounts forfeited shall be treated as if the member had continued
in
the active service of a police or fire department and not
elected
to participate in the plan. (2) The member shall be granted service credit for the
period
the member was participating in the plan, and when the
member's
pension is calculated under section 742.37 of the
Revised Code,
the calculation shall be made as though the member
had never
participated in the plan. (3) Further contributions, and service credit for those
contributions, shall be credited as provided in sections 742.31
through 742.34 of the Revised Code.
Sec. 742.52. (A) A member of the Ohio police and
and
fire
pension fund who is not receiving a disability
benefit or pension
from the fund
and is not a participant in the deferred retirement
option plan established under section 742.43 of the Revised Code
may purchase service credit,
which shall be used in computing the
member's years of
service, for each
year of service incurred by
reason of having been on active duty,
active duty for training,
initial active duty for training,
inactive duty training,
full-time national guard duty, and a period for which
a member is
absent from a position of employment for the purpose of an
examination to determine the fitness of the member to perform a
duty, as a member of the armed forces of the United States if the
member is
honorably discharged. Credits which are not authorized
under former
sections 742.18, 742.19, 742.20, and 742.21 or
section 742.521
of the Revised Code may be purchased at any time.
The number of years
purchased under this division shall not exceed
five. (B) For the purposes of this division, "prisoner of war"
means any regularly appointed, enrolled, enlisted, or inducted
member of the armed forces of the United States who was captured,
separated, and incarcerated by an enemy of the United States. A member
who is not a participant in the deferred retirement
option plan established under section 742.43 of the Revised Code
may purchase service credit which shall be
considered as the
equivalent of Ohio service for each year of
service the member was
a prisoner of war. The number of years
purchased under this
division shall not exceed five. Service
credit may be purchased
under this division for the same years of
service used to purchase
service credit under division (A) of
this section. The member may
choose to purchase only part of
such credit in any one payment,
subject to board rules. (C) The total number of years purchased under this section
shall not exceed the member's total accumulated number of years
of
Ohio service. (D) For each year of service purchased under division (A)
or
(B) of this section, the member shall pay to the fund for
credit
to the member's accumulated account an amount
determined by the
member rate of contribution in effect at the time the military
service began or four per cent, whichever is greater, multiplied
by the annual compensation for full-time employment during the
first year of full-time service in Ohio covered by any state or
municipal retirement system of this state following termination of
military service. To this amount shall be added an amount equal
to
compound interest at a rate established by the board of
trustees
of the Ohio police and fire pension fund from the
date
active military service terminated to date of payment. For the
purpose of this section, the board may define full-time service in
Ohio covered by any state or municipal retirement system of this
state. (E) A member is ineligible to purchase service credit
under
this section for any year of military service that was: (1) Used in the
calculation of any retirement benefit
currently being paid to the
member or payable in the future under
any other retirement
program, except for retired pay for
non-regular service under
Chapter 1223. of
Section 1662 of Title
XVI of the "National
Defense Authorization Act for Fiscal
Year
1995," 108 Stat. 2998 (1994), 10 U.S.C.A. 12731 to
12739, or
social security; (2) Used to obtain service credit under former section
742.18, 742.19,
742.20, or 742.21 or section 742.521 of the
Revised Code.
At the time the credit is purchased the member
shall certify on a
form furnished by the trustees that the member
does and will
conform to
this requirement. Any benefit paid under
this section to which
the member is not entitled shall be
recovered by any recovery
procedures available under this chapter. "Armed forces" of the United States includes army, navy,
air
force, marine corps, coast guard, or any reserve component of such
forces; national guard; the commissioned corps of the United
States public health service; the merchant marine service during
wartime; auxiliary corps as established by congress; service as a
red cross
nurse with the army, navy, air force, hospital service
of the United States,
army nurse corps, navy nurse corps, or
serving full-time with the American red
cross in a combat zone;
and such other service as
may be designated by congress as
included therein. A member of the fund who has purchased service credit under
this section, or the member's estate, is entitled to be refunded
the
amount paid to purchase such credit, or a pro rata portion
thereof, provided that the purchased service credit, or a portion
of the purchased service credit, does not serve to increase a
pension or benefit paid under section 742.37 or 742.39
or
calculated under section 742.442 of the
Revised Code.
The refund
of any amount paid to purchase credit under this section, or a pro
rata portion thereof, shall cancel an equivalent amount of service
credit. Sec. 5505.01. As used in this chapter: (A) "Employee" means any qualified employee in the uniform
division of the state highway patrol, any qualified employee in
the radio division hired prior to November 2, 1989, and any state
highway patrol cadet attending training school pursuant to
section
5503.05 of the Revised Code whose attendance at the
school begins
on or after
June 30, 1991.
"Employee" includes the superintendent
of the state highway
patrol. In all cases of doubt, the state
highway patrol
retirement board shall determine whether any person
is an
employee as defined in this division, and the decision of
the
board is final. (B) "Prior service" means all service rendered as an
employee of the state highway patrol prior to September 5, 1941,
to the extent credited by the board, provided that in no case
shall prior service include service rendered prior to November
15,
1933. (C) "Total service" means all service rendered by an
employee to the extent credited by the board. Total service
includes all of the following: (1) Contributing service rendered by the employee since
last
becoming a member of the state highway patrol retirement
system; (2) All prior service credit; (3) Restored service credit as provided in this chapter; (4) Military service credit purchased under division (D)
of
section 5505.16 or section 5505.25 of the Revised Code; (5) Credit granted under division (C) of section 5505.17
or
section 5505.201, 5505.40, or
5505.402 of the Revised Code; (6) Credit for any period, not to exceed three years,
during
which the member was out of service and receiving benefits
under
Chapters 4121. and 4123. of the Revised Code. (D) "Beneficiary" means any person, except a retirant, who
is in receipt of a pension or other benefit payable from funds of
the retirement system. (E) "Regular interest" means interest compounded at
rates
designated from time to time by the retirement
board. (F) "Plan" means the provisions of this chapter. (G) "Retirement system" or "system" means the state
highway
patrol retirement system created and established in the
plan. (H) "Contributing service" means all service rendered by a
member since September 4, 1941, for which deductions were made
from the member's salary under the plan. (I) "Retirement board" or "board" means the state highway
patrol retirement board provided for in the plan. (J) Except as provided in section 5505.18 of the Revised
Code, "member" means any employee included in the membership of
the retirement system, whether or not rendering contributing
service. (K) "Retirant" means any member who retires with a pension
payable from the retirement system. (L) "Accumulated contributions" means the sum of
all
the
following credited to a member's individual account in the
employees' savings fund: (1) All amounts
deducted from the salary of
a
the member
and
credited to the
member's
individual account in the employees'
savings fund; (2) All amounts paid by the member to purchase state highway
patrol retirement system service credit pursuant to this chapter
or other state law. (M)(1) Except as provided in division (M)(2) of this
section, "final average salary" means the average of the highest
salary paid a member during any three consecutive or
nonconsecutive years. If a member has less than three years of contributing
service, the member's final average salary shall be the
average of
the annual rates of salary paid to the member
during the member's
total years of
contributing service. (2) If a member is credited with service under division
(C)(6) of this section or division (D) of section 5505.16 of the
Revised Code, the member's final average salary shall be the
average of
the highest salary that was paid to the member or would
have
been paid to the member, had the member
been rendering
contributing service, during any three
consecutive or
nonconsecutive years. If that member has less
than three years of
total service, the member's final
average salary shall be the
average of the annual rates of salary that were
paid to the member
or would have been paid to
the member during the member's years of
total service. (N) "Pension" means an annual amount payable by the
retirement system throughout the life of a person or as otherwise
provided in the plan.
All pensions shall be paid in equal
monthly
installments. (O) "Pension reserve" means the present value of any
pension, or benefit in lieu of any pension, computed upon the
basis of mortality and other tables of experience and
interest the
board shall from time to time adopt. (P) "Deferred pension" means a pension for which an
eligible
member of the system has made application and which is
payable as
provided in division (A) or (B) of section 5505.16 of
the Revised
Code. (Q) "Retirement" means termination as an employee of the
state highway patrol, with application having been made to the
system for a pension or a deferred pension. (R) "Fiduciary" means any of the following: (1) A person who 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) A person who renders investment advice for a fee,
direct
or indirect, with respect to money or property of the
system; (3) A person who has any discretionary authority or
responsibility in the administration of the system. (S)(1) Except as otherwise provided in this division,
"salary" means all compensation, wages, and other earnings paid
to
a member by reason of employment but without regard to whether
any
of the compensation, wages, or other earnings are treated as
deferred income for federal income tax purposes. Salary includes
all of the following: (a) Payments for shift differential, hazard duty,
professional achievement, and longevity; (b) Payments for occupational injury leave, personal
leave,
sick leave, bereavement leave, administrative leave, and
vacation
leave used by the member; (c) Payments made under a disability leave program
sponsored
by the state for which the state is required by section
5505.151
of the Revised Code to make periodic employer and
employee
contributions to the retirement system. (2) "Salary" does not include any of the following: (a) Payments resulting from the conversion of accrued but
unused sick leave, personal leave, compensatory time, and
vacation
leave; (b) Payments made by the state to provide life insurance,
sickness, accident, endowment, health, medical, hospital, dental,
or surgical coverage, or other insurance for the member or the
member's family, or amounts paid by the state to the member in
lieu of
providing that insurance; (c) Payments for overtime work; (d) Incidental benefits, including lodging, food, laundry,
parking, or services furnished by the state, use of property or
equipment of the state, and reimbursement for job-related
expenses
authorized by the state including moving and travel
expenses and
expenses related to professional development; (e) Payments made to or on behalf of a member 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; (f) Payments made under division (B), (C), or
(E) of
section
5923.05 of the Revised Code, Section 4 of Substitute
Senate
Bill
No. 3 of the 119th general assembly,
Section 3 of
Amended
Substitute Senate
Bill
No.
164 of the 124th general assembly,
or
Amended Substitute House Bill No. 405 of the 124th general
assembly. (3) The retirement board shall determine by rule whether
any
compensation, wages, or earnings not enumerated in this
division
are salary, and its decision shall be final. (T) "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. 5505.15. (A)(1) A member of the state highway patrol
retirement system shall contribute
nine and one-half
ten per
cent
of
the member's annual salary to the state highway patrol
retirement fund.
The amount shall be deducted by the employer
from the employee's
salary for each payroll period. (2) The total contributions arising from deductions made
prior to January 1, 1966, from the salaries of members in the
employ of the state highway patrol and standing to the credit of
their individual accounts in the retirement fund shall be
transferred and credited to their respective individual accounts
in the employees' savings fund. (B) The state shall annually pay into the employer
accumulation fund, in monthly or less frequent installments as
the
state highway patrol retirement board requires, an amount
that
shall be a certain percentage of the total salaries
paid
contributing members and shall be known as the "employer
contribution." If a member severs connection with the patrol
or
is dismissed, the employer contribution shall remain in the
retirement system. The rate percentage of the employer contribution shall be
certified by the board to the director of budget and management
and shall not be lower than nine per cent of the total salaries
paid contributing members and shall not exceed three times the
rate percentage being deducted from the annual salaries of
contributing members. The board shall prepare and submit to the
director, on or before the first day of November of each
even-numbered year, an estimate of the amounts necessary to pay
the state's obligations accruing during the biennium beginning
the
first day of July of the following year. Such amounts shall
be
included in the budget and allocated as certified by the
board.
Sec. 5505.162. (A) On application for retirement as
provided in section 5505.16 of the Revised Code, a member of the
state highway patrol retirement system may elect, on a form
provided by the state highway patrol retirement board, to receive
a
the pension that the member is eligible to receive on retirement
under that section in one of the following forms: (1) A single lifetime pension
or he may elect, on a form
provided by
the state highway patrol retirement board, to receive
the; (2) The
actuarial equivalent of
this
the single lifetime
pension
that the member may elect under division (A)(1) of this
section in a lesser annual amount
payable for
his
the member's
life and continuing after
his
the member's death to a
surviving
designated beneficiary under one of the following
optional plans,
provided the annual amount payable to the
designated beneficiary
shall not exceed the annual amount payable
to such retiring
member, the amount is certified by the actuary
employed by the
system to be the actuarial equivalent of
his
the
member's pension,
and the amount is approved by the board: (1)(a) Option 1.
His
The member's lesser pension shall be
paid
for life to
his
the member's sole beneficiary designated at
the
time of retirement.
(2)(b) Option 2. One-half or some other portion of
his
the
member's lesser pension shall be paid for life to
his
the
member's
sole beneficiary designated at the time of
his retirement.
(3)(c) Option 3. Upon
his death before the expiration of a
certain period from
his
the member's retirement date as elected
by
him
the member and approved by the board,
his
the
member's lesser
pension shall be continued for
the remainder of such period to the
beneficiaries, and in such
order, as designated by
him
the member
in writing and filed with
the board. No monthly payments shall be
paid to joint beneficiaries, but
they may jointly receive the
present value of any remaining
payments in a lump sum settlement.
If all designated
beneficiaries die before the expiration of such
period, the
present value of all the payments yet remaining in the
period
shall be paid to the estate of the beneficiary last
receiving
such payments.
(3) If the member has attained age fifty-one with at least
twenty-five years' total service or fifty-two with at least twenty
years' total service, a pension consisting of both a partial
benefit lump sum in an amount the member designates that
constitutes a
portion of the single lifetime pension the member
may elect
under division (A)(1) of this section and the actuarial
equivalent
of the remainder of the single lifetime pension payable
for the
member's life, provided an actuary employed by the system
certifies the actuarial equivalent and the board approves the
partial benefit lump
sum payment and the amount to be paid as the
actuarial equivalent. The amount designated by a member shall be not less than six
times the monthly amount that would be payable to the member as a
single lifetime pension under division (A)(1) of this section and
not more than sixty times that amount. A member who has attained the age of fifty-one with
twenty-five years of service who elects a partial benefit lump sum
may designate an amount that does not exceed an amount equal to
one month's pension for each month of service beyond twenty-five
years. A member who has attained the age of fifty-two with twenty
years of service who elects a partial benefit lump sum may
designate an amount that does not exceed an amount equal to one
month's pension for each month of service beyond twenty years.
(B)(1) The death of a spouse designated as beneficiary or
the death of any other designated beneficiary following
retirement
shall cancel any optional plan of payment
selected under division
(A)(2) of this section to provide
continuing lifetime benefits to
such designated beneficiary and
return the member to the
equivalent of
his
the member's single
lifetime
pension, as
determined by the board, to be effective the month
following
receipt by the board of notice of the death. (2) On divorce, annulment, or marriage dissolution, a
member
receiving a pension under a plan that provides for
continuation of
all or part of the pension after
his death for
the lifetime of
his
the member's surviving spouse may, with the
written
consent of the
spouse or pursuant to an order of the court with
jurisdiction over
the termination of the marriage, elect to
cancel the plan and
receive the equivalent of
his
the member's
single lifetime
pension
as determined by the board. The election shall be made
on a form
provided by the board and shall be effective the month
following
its receipt by the board. (C) Following marriage or remarriage, a member may elect a
new optional plan of payment
under division (A)(2) of this section
based on the actuarial equivalent of
his
the member's single
lifetime pension as determined by the
board. The plan
shall
become effective the first day of the month following
receipt by
the board of an application on a form approved by the
board. (D) A member who has elected an optional plan under
division
(A)(2) of this
section may, with the written consent of the
designated
beneficiary, cancel the optional plan and receive the
single lifetime pension
payable throughout his life he
that the
member
would have received had
he not
elected the optional plan
the member elected the single lifetime pension under division
(A)(1) of this section, if
he
the member makes a request to
cancel
the
optional plan not later than one year after the date on which
the
member first receives a payment under the plan. Cancellation
of
the optional plan shall be effective the month after acceptance
of the request by the board. No payment or adjustment shall be
made in the
single lifetime pension
payable throughout the
member's life to
compensate for the lesser pension
he
the member
received under
the optional plan. The request to cancel the optional plan shall be made on a
form provided by the board and shall be valid only if the
completed form includes a signed statement of the designated
beneficiary's understanding of and consent to the cancellation.
The designated beneficiary's signature shall be verified by the
board prior to its acceptance of the cancellation. (E) Any option elected and payments made under
division
(A)(2) of this
section shall be in addition to any pension payable
to the
member's surviving spouse, children, or parents under
section
5505.17 of the Revised Code.
Sec. 5505.163. (A) A retirant who
retired prior to
September 21,
1994, under section 5505.16 of the Revised Code may
elect to
receive the actuarial equivalent of the retirant's
pension in a lesser amount
payable for the remainder of the
retirant's life and
continuing after death to the retirant's
surviving designated
beneficiary under one of the optional plans
described in
division (A)(1), (2), or (3)(a), (b), or (c) of
section 5505.162 of the
Revised
Code, provided the annual amount
payable to the designated
beneficiary shall not exceed the annual
amount payable to the retirant,
the amount is certified by the
actuary employed by the state
highway patrol retirement system to
be the actuarial equivalent of
the retirant's pension, and the
state highway patrol retirement
board approves the amount.
(B) A retirant interested in making the election authorized
by
division (A) of this section shall file a notice of interest
with
the board not later than sixty days after
the effective date
of this
section
June
30, 2000.
The board shall
advise the
retirant with respect to the choices available under the optional
plans and have a
determination made of the monthly pension payable
under the
optional plan elected by the member for inclusion in the
statement
to be filed under division (C) of this section. (C) To make the election
authorized by division (A) of this
section, a retirant shall file a
statement, on a form provided by
the board, indicating that the retirant
elects to
participate in
the
optional plan specified in the statement. The form must be
filed with the
board not later than one hundred twenty days after
the effective date of
this
section
June
30, 2000.
(D) A notice or statement mailed to the board shall be
considered to have been filed on its postmark date. (E) Any option elected and payments made under this section
shall
be in addition to any pension payable to the retirant's
surviving spouse,
children, or parents under section 5505.17 of
the Revised
Code.
Sec. 5505.178. Except as provided in division (A)(3) of
section 5505.162 of the Revised Code, all pensions shall be paid
in equal monthly installments.
Sec. 5505.18. As used in this section, "member"
does not
include state highway patrol cadets attending training
schools
pursuant to section 5503.05 of the Revised Code. (A) Upon the application of a member of the state highway
patrol retirement system, a person acting on behalf of a member,
or the superintendent of the state
highway patrol on behalf of a
member, a member who becomes
totally and permanently incapacitated
for duty in the employ of
the state highway patrol may be retired
by the board.
The medical
or psychological examination of a member who
has
applied for disability retirement shall be conducted by a
competent
physician
health-care professional or
physicians
professionals appointed by the board. The
physician
health-care
professional or
physicians
professionals shall file a written
report with the
board containing the following information: (1) Whether the member is totally incapacitated for duty
in
the employ of the patrol; (2) Whether the incapacity is expected to be permanent; (3) The cause of the member's incapacity. The board shall determine whether the member qualifies for
disability retirement and its decision shall be final. The board
shall consider the written medical
or psychological report,
opinions, statements,
and other competent evidence in making its
determination. If the
incapacity is a result of heart disease or
any cardiovascular
disease of a chronic nature, which disease or
any evidence of
which was not revealed by the physical examination
passed by the
member on entry into the patrol, the member is
presumed to have
incurred the disease in the line of duty as a
member of the
patrol, unless the contrary is shown by competent
evidence. (B)(1) A member whose retirement on account of disability
incurred in the line of duty shall receive the applicable pension
provided for in section 5505.17 of the Revised Code, except that
if the member has less than twenty-five years of contributing
service, the member's service credit shall be deemed to be
twenty-five
years for the purpose of this provision. In no case
shall the
member's
disability pension be less than sixty-one and
one-quarter
per cent or exceed the
lesser of
seventy-nine and
one-quarter
per cent of
the member's
final average salary or the
limit established by section 415 of
the "Internal
Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A.
415, as
amended. (2) A member whose retirement on account of disability
incurred not in the line of duty shall receive the applicable
pension provided for in section 5505.17 of the Revised Code,
except that if the member has less than twenty years of
contributing service, the member's service credit shall be
deemed
to be
twenty years for the purpose of this provision. In no case
shall
the member's disability pension exceed the lesser of
seventy-nine
and
one-quarter
per cent
of
the member's final
average salary or the limit
established by
section
415 of the
"Internal Revenue Code of 1986," 100 Stat.
2085, 26
U.S.C.A. 415,
as amended. (C) The state highway patrol retirement board shall adopt
rules requiring
a disability pension recipient, as a condition of
continuing to receive
a disability pension, to agree in writing to
obtain any medical
or psychological
treatment recommended by the
board's
physician
health-care professional and submit medical
or
psychological reports
regarding the treatment. If the board
determines that a disability pension
recipient is not obtaining
the medical
or psychological treatment or the board does not
receive
a required medical
or psychological report, the
disability
pension shall
be suspended until the
treatment is
obtained, the
report is received
by the board, or the board's
physician
health-care professional certifies that the
treatment is no longer
helpful or advisable. Should
the recipient's failure to obtain
treatment or submit a medical
or psychological report
continue for
one
year, the recipient's right to the disability benefit shall be
terminated as of the effective date of the original suspension. (D) A member placed on a disability pension who has not
attained the age of fifty-five years shall be subject to
an annual
medical
or psychological re-examination by
physicians
health-care
professionals appointed by the board, except
that the board may
waive the
medical re-examination if the board's
physicians
health-care professionals
certify that the member's disability is
ongoing.
If any member placed on a disability pension refuses to
submit to a
medical
or psychological re-examination, the member's
disability pension shall be
suspended
until the member withdraws
the refusal. If the refusal continues for one
year, all the
member's rights under and to the disability pension shall be
terminated as of the effective date of the original
suspension. (E) Each recipient of a disability pension
who has not
attained the age of fifty-five years shall file
with the board an
annual statement of earnings,
current medical
or psychological
information on the recipient's
condition, and any other
information required in rules adopted by the board.
The board may
waive the requirement that a disability benefit recipient file
an
annual statement of earnings or current medical
or psychological
information
if the board's
physician
health-care professional
certifies that the recipient's disability is
ongoing. The board shall annually
examine the information submitted by
the recipient. If a recipient refuses to
file the statement or
information, the
disability pension shall be suspended until the
statement and information are
filed. If the refusal continues for
one year, the right to the pension shall
be terminated as of the
effective date of the original suspension. (F)(1) Except as provided in division (F)(2) of this
section, a retirant who has been on
disability pension, and who
has been physically
or psychologically examined and
found no
longer incapable of performing the retirant's
duties, shall be
restored to the
rank the retirant held at the time the
retirant
was pensioned and all previous
rights shall be restored, including
the retirant's civil
service status, and
the disability pension
shall terminate. Upon
return to employment in the patrol, the
retirant shall again
become a
contributing member of the
retirement system, the
total service
at the time of the retirant's
retirement shall be restored
to the retirant's credit,
and the
retirant shall be given service credit for the period
the retirant
was in
receipt of a disability pension. The provisions of
division
(F)(1) of this section
shall be retroactive to September
5, 1941. (2) The
state highway patrol is not required to take action
under
division (F)(1) of this section
if the retirant was
dismissed or resigned in lieu of dismissal
for dishonesty,
misfeasance, malfeasance, or conviction of a
felony. (G) The board may adopt rules to carry out this section,
including rules that specify the types of health-care
professionals the board may appoint for the purpose of this
section.
SECTION 2. That existing sections 742.21,
742.212,
742.214,
742.221, 742.23, 742.24, 742.251, 742.27, 742.37,
742.371,
742.375, 742.376, 742.3711, 742.3714, 742.3716, 742.44,
742.442,
742.443, 742.444, 742.52, 5505.01, 5505.15, 5505.162,
5505.163, and
5505.18
of the Revised Code are hereby repealed.
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