The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 373As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
| |
REPRESENTATIVES Hughes, Womer Benjamin, Jones
A BILL
To amend sections 145.295, 742.375, 3307.761, 3309.73,
5505.01, 5505.16, 5505.162, 5505.163, 5505.17,
5505.171, 5505.176, 5505.18, 5505.19, 5505.20,
5505.21, 5505.40, and 5505.403 and to enact
sections
5505.178, 5505.179, 5505.202, 5505.204,
and 5505.24
of the Revised Code to revise the law
governing the
State Highway Patrol Retirement
System.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.295, 742.375, 3307.761, 3309.73,
5505.01, 5505.16, 5505.162, 5505.163, 5505.17, 5505.171, 5505.176,
5505.18, 5505.19, 5505.20, 5505.21, 5505.40, and 5505.403 be
amended and sections 5505.178, 5505.179, 5505.202, 5505.204, and
5505.24 of the Revised Code be enacted to read as follows:
Sec. 145.295. (A) As used in this section,
"military
service credit"
means
credit purchased or obtained under this
chapter or Chapter 742.
or
5505. of the Revised Code for
service
in the armed forces of the United States. (B) A member of the public employees
retirement system who
has contributions on
deposit with, but is no longer contributing
to, the Ohio
police and
fire pension fund
or state highway
patrol
retirement system shall, in computing years of service, be given
full credit for service credit earned under Chapter 742.
or
5505.
of the Revised Code or for military service
credit if a transfer
to the public employees
retirement system is made
under this
division. At the request of the member, the Ohio
police and
fire
pension fund
or
the state highway patrol
retirement system shall
transfer to the public
employees retirement system, for each year
of service, the sum of the
following: (1) An amount equal to the member's accumulated
contributions to the
Ohio police and fire pension fund
or
system
making the transfer, any
payments by the member for military
service credit, and any
amounts paid under section 742.375
or
5505.201 of the Revised Code
to purchase
service credit; (2) An amount equal to the lesser of the employer's
contributions to the Ohio police and fire pension
fund
or state
highway patrol retirement system or 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
the
public employees retirement
system at the time the credit was
earned; (3) Interest, determined as provided in division
(H)(L) of
this
section, on the
amounts specified in divisions
(B)(1) and (2)
of
this
section
for the period from
the last
day of the year for
which the service credit in
the
transferring
Ohio police and fire
pension fund
or
system was
earned or in which payment was made for
military service credit or
credit under section 742.375
or
5505.201
of the Revised Code was
purchased or obtained
to the date
the transfer is
made.
(C) A member of the public employees retirement system
who
has at least eighteen months of contributing service credit with
the
public employees retirement system, who is a former member of
the
Ohio police and
fire
pension fund
or state highway patrol
retirement system, and who has
received a refund of the member's
accumulated contributions to that fund
or system shall, in
computing years of service, be given full
credit for service
credit earned under Chapter 742.
or
5505. of the Revised Code or
for military service
credit if,
for each year of service, the
public employees
retirement system receives the sum of the
following: (1) An amount, which shall be paid by the member, equal
to
the amount refunded by the Ohio police and fire
pension
fund
or
the state highway patrol retirement system to the member for that
year
for accumulated
contributions and payments for military
service credit,
with interest at a rate established by the public
employees retirement
board on that amount from the date of the
refund
to the date of the
payment; (2) Interest, which shall be transferred by
the Ohio police
and
fire pension fund
or state highway patrol
retirement system,
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; (3) An amount, which shall be transferred by the Ohio
police
and fire pension fund
or state highway
patrol retirement system,
equal to the lesser of the employer's
contributions to the Ohio
police and fire pension
fund
or state highway patrol retirement
system or
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 the public
employees
retirement system 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 of the
transfer. (D) A member of the public employees retirement system who
has contributions on deposit with, but is no longer contributing
to, the state highway patrol retirement system shall, in computing
years of service, be given full credit for service credit earned
or purchased under Chapter 5505. of the Revised Code if a transfer
to the public employees retirement system is made under this
division. At the request of the member, the state highway patrol
retirement system shall transfer to the public employees
retirement system, for each year of service, the sum of the
following:
(1) An amount equal to the member's accumulated
contributions, as defined in section 5505.01 of the Revised Code,
to the state highway patrol retirement system;
(2) An amount equal to the lesser of the employer's
contributions to the state highway patrol retirement system or 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 the public employees retirement system at
the time the credit was earned or purchased;
(3) Interest, determined as provided in division (L) of
this section, on the amounts specified in divisions (D)(1) and (2)
of this section for the period from the last day of the year for
which the service credit in the state highway patrol retirement
system was earned or purchased to the date the transfer is made.
(E)(1) A member of the public employees retirement system
who has at least eighteen months of contributing service credit
with the public employees retirement system, is a former member of
the state highway patrol retirement system, and has received a
payment under section 5505.19 of the Revised Code on or after the
effective date of this amendment shall, in computing years of
service, be given full credit for service credit earned or
purchased under Chapter 5505. of the Revised Code if, for each
year of service, the public employees retirement system receives
the sum of the following as reduced by division (E)(2) of this
section:
(a) An amount, which shall be paid by the member, equal to
the amount paid to the member under section 5505.19 of the Revised
Code for that year, with interest at a rate established by the
public employees retirement board on that amount from the date of
the payment to the member under that section to the date of the
payment from the member under this section;
(b) An amount, which shall be transferred by the state
highway patrol retirement system, equal to the lesser of the
employer's contributions to the state highway patrol retirement
system or 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 the public employees
retirement system at the time the credit was earned or purchased,
with interest on that amount from the last day of the year for
which the service credit was earned or purchased to the date of
the transfer.
(2) The amount the state highway patrol retirement system
transfers under division (E)(1)(b) of this section shall be
reduced by any amount paid to the member under section 5505.19 of
the Revised Code that is attributable to section 5505.24 of the
Revised Code.
(F) A member of the public employees retirement system who
has at least eighteen months of contributing service credit with
the public employees retirement system, who is a former member of
the state highway patrol retirement system, and who has received a
payment under section 5505.19 of the Revised Code before the
effective date of this amendment shall, in computing years of
service, be given full credit for service credit earned or
purchased under Chapter 5505. of the Revised Code if, for each
year of service, the public employees retirement system receives
the sum of the following:
(1) An amount, which shall be paid by the member, equal to
the amount paid to the member under section 5505.19 of the Revised
Code for that year, with interest at a rate established by the
public employees retirement board on that amount from the date of
the payment to the member under that section to the date of the
payment from the member under this section;
(2) Interest, which shall be transferred by the state
highway patrol retirement system, on the amount paid to the member
under section 5505.19 of the Revised Code that is attributable to
the year of service from the last day of the year for which the
service credit was earned or purchased to the date the payment to
the member was made under that section;
(3) An amount, which shall be transferred by the state
highway patrol retirement system, equal to the lesser of the
employer's contributions to the state highway patrol retirement
system or 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 the public employees
retirement system at the time the credit was earned or purchased,
with interest on that amount from the last day of the year for
which the service credit was earned or purchased to the date of
the transfer.
(G) On receipt of payment from the member
under division
(C), (E), or (F) of this section, the public
employees
retirement
system shall notify the Ohio police and
fire pension
fund or the
state highway
patrol retirement system,
as appropriate which, on
receipt of the notice, shall
make the transfer required by
this
division
(C), (E), or (F) of this section. Interest shall be
determined as provided in division
(H)(L) of this section. (D)(H) A member of the public employees
retirement system
who
purchased credit under
former division (A)(1)
of this section,
as
it existed before August
25, 1995, for service as a member of
the
Ohio police and
fire pension fund or
state highway patrol
retirement system may elect to have
the amount the member paid for
this service credit refunded to the member
under this division if
the member agrees to repurchase this service credit
pursuant to
division (C), (E), or (F) of this section.
(E)(I) Service credit purchased or otherwise obtained under
this section shall be considered the equivalent of Ohio service
credit.
A
member may choose to purchase only part of the credit the
member is eligible to purchase under division
(C), (E), or (F) of
this section
in any
one payment, subject to rules of the public
employees
retirement
board. A
member is ineligible to purchase or
otherwise
obtain
credit under this section for service to be used
in
calculation
of any retirement benefit currently being paid or
payable to the
member in the future. (F)(J) If a member of the public employees retirement system
who is not a current contributor elects to receive credit under
section 742.21 or 5505.40 of
the Revised Code for service for
which the member contributed to the retirement system or
made
payment for military service
credit,
the retirement
system shall
transfer to the Ohio police and fire
pension fund or the state
highway patrol retirement system, as
applicable, the amount
specified in division (D) of section
742.21 or division (B)(2) of
section
5505.40 of the Revised Code.
(G)(K) A member of the public employees retirement system
who
earned service credit in the public employees retirement
system
for full-time service as a township or municipal police
officer
and received service credit in the Ohio police and
fire
pension
fund under section 742.511
or 742.512 of
the Revised Code
for such
service may elect to have the credit
restored as public
employees
retirement system service credit by
paying the public
employees
retirement system an amount equal to
the accumulated
contributions
paid by the member to the Ohio
police
and fire
pension fund
under
section 742.511
or 742.512 of the Revised Code.
When such an
election is made,
the Ohio police and
fire
pension
fund shall
transfer to the public employees retirement system the
amount
previously transferred under section 742.511 or 742.512 of
the
Revised Code from the public employees retirement system to
the
Ohio police and fire
pension fund.
(H)(L) 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
public
employees retirement system or of the fund or retirement
system in
which the credit was earned
or purchased. The interest
shall be
compounded
annually.
(I)(M) At the request of the public employees retirement
system, the
Ohio police and fire pension fund or state highway
patrol
retirement system shall certify to the public employees
retirement
system a copy of the records of the service and
contributions of a
public employees retirement system member who
seeks service
credit under this section.
Sec. 742.375. 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 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
less
any amount of the payment attributable to section 5505.24 of the
Revised Code.
Sec. 3307.761. (A) As used in this section, "military
service credit"
means credit purchased or obtained under this
chapter or Chapter 742.
or 5505.
of the Revised Code for service
in the armed forces of the
United States. (B) A
member of the state teachers retirement system
participating in the plan
described in sections 3307.50 to 3307.79
of the Revised Code who has
contributions on deposit with, but
is
no longer contributing to, the Ohio
police and fire
pension fund
or
the state highway patrol
retirement system shall, in computing
years of total service, be
given full credit for service credit
earned under
Chapter 742.
or
5505. of the
Revised
Code or for
military service
credit if a
transfer to the
state teachers
retirement system is made under
this division.
At the request of
the member, the Ohio police and
fire
pension fund
or state highway
patrol retirement
system shall
transfer to the state teachers
retirement system, for each year
of
service,
the sum of the
following: (1) An amount equal to the member's accumulated
contributions to the
transferring
Ohio police and fire pension
fund
or system, any payments by
the member for military service
credit, and any amounts paid
under section 742.375
or
5505.201 of
the
Revised Code to purchase
service credit; (2) An amount equal to the lesser of the employer's
contributions to the Ohio police and fire pension
fund
or state
highway patrol retirement system or the amount
that would have
been contributed by the employer for the service
had the member
been a member of the state teachers retirement
system at the time
the credit was earned; (3) Interest, determined as provided in division
(F)(J) of
this
section, on the
amounts specified in divisions
(B)(1) and (2)
of
this section
from the last day
of the year for which the
service
credit in the
transferring
Ohio police and fire pension
fund
or
system was earned or in which
payment was made for
military service credit or service credit
under section
742.375
or 5505.201
of the Revised Code was
purchased or obtained
to the
date the transfer
is made. (C) A member participating in the plan described in
sections
3307.50 to
3307.79 of the Revised Code who has
at least eighteen
months of contributing service with the state
teachers retirement
system, is a former member of the Ohio
police and
fire pension
fund
or state highway
patrol
retirement system, and has received a
refund of contributions to
that fund
or system shall, in computing
years of total service,
be given full credit for service credit
earned under
Chapter 742.
or 5505.
of the Revised
Code or for
military service
credit if, for each year of
service, the state
teachers retirement system receives the sum
of the following: (1) An amount, which shall be paid by the member, equal
to
the amount refunded by the Ohio police and fire
pension fund
or
the state highway patrol retirement system
to the member for that
year for accumulated contributions and
payments for military
service credit, with interest at a rate established by the state
teachers retirement board on that amount from the date of the
refund
to the date of the payment; (2) Interest, which shall be transferred
by the Ohio police
and
fire pension fund
or state highway
patrol
retirement system,
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; (3) An amount, which shall be transferred by the Ohio police
and fire pension fund
or state highway
patrol retirement system,
equal to the lesser of the employer's contributions to the Ohio
police and
fire pension fund
or state highway patrol retirement
system or the amount that would have been
contributed by the
employer for the service had the member
been a
member of the
state teachers retirement system 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 to the date of the transfer.
(D) A member participating in the plan described in
sections 3307.50 to 3307.79 of the Revised Code who has
contributions on deposit with, but is no longer contributing to,
the state highway patrol retirement system shall, in computing
years of total service, be given full credit for service credit
earned or purchased under Chapter 5505. of the Revised Code if a
transfer to the state teachers retirement system is made under
this division. At the request of the member, the state highway
patrol retirement system shall transfer to the state teachers
retirement system, for each year of service, the sum of the
following:
(1) An amount equal to the member's accumulated
contributions, as defined in section 5505.01 of the Revised Code,
to the state highway patrol retirement system;
(2) An amount equal to the lesser of the employer's
contributions to the state highway patrol retirement system or the
amount that would have been contributed by the employer for the
service had the member been a member of the state teachers
retirement system at the time the credit was earned or purchased;
(3) Interest, determined as provided in division (J) of
this section, on the amounts specified in divisions (D)(1) and (2)
of this section from the last day of the year for which the
service credit in the state highway patrol retirement system was
earned or purchased to the date the transfer is made.
(E)(1) A member participating in the plan described in
sections 3307.50 to 3307.79 of the Revised Code who has at least
eighteen months of contributing service credit with the state
teachers retirement system, is a former member of the state
highway patrol retirement system, and has received a payment under
section 5505.19 of the Revised Code on or after the effective date
of this amendment shall, in computing years of total service, be
given full credit for service credit earned or purchased under
Chapter 5505. of the Revised Code if, for each year of service,
the state teachers retirement system receives the sum of the
following as reduced by division (E)(2) of this section:
(a) An amount, which shall be paid by the member, equal to
the amount paid to the member under section 5505.19 of the Revised
Code for that year, with interest at a rate established by the
state teachers retirement board on that amount from the date of
the payment to the member under that section to the date of the
payment from the member under this section;
(b) An amount, which shall be transferred by the state
highway patrol retirement system, equal to the lesser of the
employer's contributions to the state highway patrol retirement
system or the amount that would have been contributed by the
employer for the service had the member been a member of the state
teachers retirement system at the time the credit was earned or
purchased, with interest on that amount from the last day of the
year for which the service credit was earned or purchased to the
date of the transfer.
(2) The amount the state highway patrol retirement system
transfers under division (E)(1)(b) of this section shall be
reduced by any amount paid to the member under section 5505.19 of
the Revised Code that is attributable to section 5505.24 of the
Revised Code.
(F) A member participating in the plan described in
sections 3307.50 to 3307.79 of the Revised Code who has at least
eighteen months of contributing service credit with the state
teachers retirement system, is a former member of the state
highway patrol retirement system, and has received a payment under
section 5505.19 of the Revised Code before the effective date of
this amendment shall, in computing years of total service, be
given full credit for service credit earned or purchased under
Chapter 5505. of the Revised Code if, for each year of service,
the state teachers retirement system receives the sum of the
following:
(1) An amount, which shall be paid by the member, equal to
the amount paid to the member under section 5505.19 of the Revised
Code for that year, with interest at a rate established by the
state teachers retirement board on that amount from the date of
the payment to the member under that section to the date of the
payment from the member under this section;
(2) Interest, which shall be transferred by the state
highway patrol retirement system, on the amount paid to the member
under section 5505.19 of the Revised Code that is attributable to
the year of service from the last day of the year for which the
service credit was earned or purchased to the date the payment to
the member was made under that section;
(3) An amount, which shall be transferred by the state
highway patrol retirement system, equal to the lesser of the
employer's contributions to the state highway patrol retirement
system or the amount that would have been contributed by the
employer for the service had the member been a member of the state
teachers retirement system at the time the credit was earned or
purchased, with interest on that amount from the last day of the
year for which the service credit was earned or purchased to the
date of the transfer.
(G) On receipt of payment from the member
under division
(C), (E), or (F) of this section, the state
teachers
retirement
system shall notify the Ohio police
and
fire pension
fund or the
state highway patrol
retirement system,
as appropriate, which, on
receipt of the notice, shall make
the transfer required by
this
division
(C), (E), or (F) of this section. Interest shall be
determined as provided in division
(F)(J) of this section. A member may choose to purchase only part of the credit
the
member is eligible to purchase under
this division
(C), (E), or
(F) of this section in any
one
payment, subject to rules of the
state teachers retirement
board. (D)(H) A member is
ineligible to obtain credit under this
section for service that
is used in the calculation of any
retirement benefit currently
being paid or payable in the future.
(E)(I) If a member of
the state teachers retirement system
who
is not a current
contributor elects to obtain credit under
section
742.21 or
5505.40 of the Revised Code for service for
which the
member contributed to the state teachers retirement
system or
made payment for military service credit, the state
teachers
retirement system shall transfer to the Ohio police and
fire
pension fund or state highway patrol retirement
system, as
applicable, the amount specified in division
(D) of section
742.21
or
division (B)(2) of section
5505.40 of the Revised Code.
(F)(J) 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
state
teachers
retirement system or of the fund or retirement
system in
which the
credit was earned. The interest shall be
compounded
annually.
(G)(K) The state teachers retirement
board shall credit to a
member's account in the teachers'
savings fund the amounts
described in divisions
(B)(1)
and, (C)(1), (D)(1), and (F)(1) of
this section, except
that the interest paid by the member under
division (C)(1)
and (F)(1) of this
section shall be credited to
the employers' trust fund.
The state teachers retirement system
shall credit to a
member's account in the teacher's savings fund
the amounts
described in division (E)(1)(a) of this section,
except that the
interest paid by the member under division
(E)(1)(a) of this
section and any amount paid to the member under
section 5505.19 of
the Revised Code that is attributable to
section 5505.24 of the
Revised Code shall be credited to the
employers' trust fund. The board
shall credit to the employers'
trust fund the amounts
described in
divisions (B)(2) and
(3)
and,
(C)(2) and (3), (D)(2) and (3), (E)(1)(b), and (F)(2) and (3) of
this
section.
(H)(L) At the request of the state teachers retirement
system,
the
Ohio police and fire pension fund or state highway
patrol
retirement
system shall certify to the state teachers
retirement
system a copy of the records of the service and
contributions of a
state teachers retirement system member who
seeks service
credit
under this section.
Sec. 3309.73. (A) As used in this section,
"military
service credit" means service credit purchased or obtained under
this chapter or
Chapter 742.
or 5505. of the Revised Code for
service in the armed forces of the
United States. (B) A member of the school employees retirement
system who
has contributions on deposit with, but is no longer contributing
to, the Ohio police
and fire pension
fund
or the state highway
patrol
retirement system
shall, in
computing years of total
service, be given full
credit for service
credit earned under
Chapter 742.
or 5505. of the
Revised Code
or
purchased or obtained
for military service credit if a transfer
to the school employees
retirement
system is
made under this
division. At the request of
the member, the
Ohio police and
fire
pension fund
or state highway
patrol retirement
system shall
transfer to the school employees
retirement system, for each year
of service, the sum of the
following: (1) An amount equal to the member's accumulated
contributions to
the
transferring
Ohio police and fire pension
fund
or system, any payments by
the member for
military service
credit, and any
amounts paid
under section 742.375
or 5505.201 of
the Revised Code to purchase
service
credit; (2) An amount equal to the lesser of the employer's
contributions to the
Ohio
police and fire pension fund
or state
highway patrol
retirement system or the amount that would have
been contributed by the
employer for the service had the member
been a member of the school employees
retirement system at the
time the credit was earned; (3) Interest, determined as provided in division
(F)(J) of
this
section, on the amounts specified in divisions (B)(1) and
(2)
of
this
section from the last
day
of the year for which the
service
credit in the
transferring
Ohio police and fire pension
fund
or
system was earned or in which
payment was made for
military service credit or service credit
under
section 742.375
or
5505.201
of the Revised Code was
purchased or obtained to the date
the transfer is
made. (C) A member who has at least eighteen months of
contributing
service with the school employees retirement system,
is a former member of the
Ohio police and fire
pension fund
or
state highway patrol
retirement system, and has received a refund
of contributions to that fund
or
system shall, in computing years
of total service, be given full credit for
service credit earned
under Chapter 742.
or 5505. of the Revised Code or
purchased or
obtained
for military service
if, for
each year of service, the
school employees retirement system receives the sum
of the
following: (1) An amount, which shall be paid by the member, equal to
the amount
refunded by the Ohio police and fire pension fund
or
the
state
highway patrol retirement system to the member for that
year for accumulated
contributions and payments for purchase of
credit for military service, with interest at a rate established
by the
school employees retirement board on that amount from the
date of
the refund to the date of the payment; (2) Interest, which shall be transferred
by the Ohio police
and
fire pension fund
or state highway
patrol
retirement system,
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; (3) An amount, which shall be transferred by the Ohio police
and fire pension fund
or state highway patrol retirement
system,
that is
equal to the lesser of the
employer's contributions to
the
Ohio police
and fire pension fund
or state highway
patrol
retirement
system or the amount that would have been contributed
by
the
employer for the service had the member been a member of
the school employees
retirement system 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 of the transfer.
(D) A member of the school employees retirement system who
has contributions on deposit with, but is no longer contributing
to, the state highway patrol retirement system shall, in computing
years of total service, be given full credit for service credit
earned or purchased under Chapter 5505. of the Revised Code if a
transfer to the school employees retirement system is made under
this division. At the request of the member, the state highway
patrol retirement system shall transfer to the school employees
retirement system, for each year of service, the sum of the
following:
(1) An amount equal to the member's accumulated
contributions, as defined in section 5505.01 of the Revised Code,
to the state highway patrol retirement system;
(2) An amount equal to the lesser of the employer's
contributions to the state highway patrol retirement system or the
amount that would have been contributed by the employer for the
service had the member been a member of the school employees
retirement system at the time the credit was earned or purchased;
(3) Interest, determined as provided in division (J) of
this section, on the amounts specified in divisions (D)(1) and (2)
of this section from the last day of the year for which the
service credit in the state highway patrol retirement system was
earned or purchased to the date the transfer is made.
(E)(1) A member who has at least eighteen months of
contributing service credit with the school employees retirement
system, is a former member of the state highway patrol retirement
system, and has received a payment under section 5505.19 of the
Revised Code on or after the effective date of this amendment
shall, in computing years of total service, be given full credit
for service credit earned or purchased under Chapter 5505. of the
Revised Code if, for each year of service, the school employees
retirement system receives the sum of the following as reduced by
division (E)(2) of this section:
(a) An amount, which shall be paid by the member, equal to
the amount paid to the member under section 5505.19 of the Revised
Code for that year, with interest at a rate established by the
school employees retirement board on that amount from the date of
the payment to the member under that section to the date of the
payment from the member under this section;
(b) An amount, which shall be transferred by the state
highway patrol retirement system, that is equal to the lesser of
the employer's contributions to the state highway patrol
retirement system or the amount that would have been contributed
by the employer for the service had the member been a member of
the school employees retirement system at the time the credit was
earned or purchased, with interest on that amount from the last
day of the year for which the service credit was earned or
purchased to the date of the transfer.
(2) The amount the state highway patrol retirement system
transfers under division (E)(1)(b) of this section shall be
reduced by any amount paid to the member under section 5505.19 of
the Revised Code that is attributable to section 5505.24 of the
Revised Code.
(F) A member who has at least eighteen months of
contributing service credit with the school employees retirement
system, is a former member of the state highway patrol retirement
system, and has received a payment under section 5505.19 of the
Revised Code before the effective date of this amendment shall, in
computing years of total service, be given full credit for service
credit earned or purchased under Chapter 5505. of the Revised Code
if, for each year of service, the school employees retirement
system receives the sum of the following:
(1) An amount, which shall be paid by the member, equal to
the amount paid to the member under section 5505.19 of the Revised
Code for that year, with interest at a rate established by the
school employees retirement board on that amount from the date of
the payment to the member under that section to the date of the
payment from the member under this section;
(2) Interest, which shall be transferred by the state
highway patrol retirement system, on the amount paid to the member
under section 5505.19 of the Revised Code that is attributable to
the year of service from the last day of the year for which the
service credit was earned or purchased to the date the payment to
the member was made under that section;
(3) An amount, which shall be transferred by the state
highway patrol retirement system, that is equal to the lesser of
the employer's contributions to the state highway patrol
retirement system or the amount that would have been contributed
by the employer for the service had the member been a member of
the school employees retirement system at the time the credit was
earned or purchased, with interest on that amount from the last
day of the year for which the service credit was earned or
purchased to the date of the transfer.
(G) On receipt of payment from the member
under division
(C), (E), or (F) of this section, the school employees
retirement
system shall notify the Ohio police and fire pension
fund
or
the
state highway patrol retirement system,
as appropriate, which, on
receipt of the notice,
shall make the transfer required by
this
division
(C), (E), or (F) of this section. Interest shall be
determined as provided in division
(F)(J) of this section.
The
member may choose to purchase only part
of such credit in any one
payment, subject to board rules. (D)(H) A member is ineligible to obtain service
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.
Service credit obtained under this section shall be
considered the equivalent of Ohio service credit. (E)(I) If a member of the school employees retirement system
who is
not a current contributor elects to obtain credit under
section
742.21 or
5505.40 of the Revised Code for service for
which the
member contributed to
the school
employees retirement
system or made payment for military
service credit, the school
employees retirement
system shall transfer to the Ohio police and
fire pension
fund
or state highway patrol retirement system, as
applicable, the amount specified
in division (D) of section
742.21
or division (B)(2)
of section 5505.40 of the Revised Code.
(F)(J) 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
school
employees retirement system or of the fund or retirement
system in
which the
credit was earned. The interest shall be
compounded
annually.
(G)(K) At the request of the school employees retirement
system, the
Ohio police and fire pension fund or state highway
patrol
retirement system shall certify to the school employees
retirement system a
copy of the records of
the service and
contributions of a school employees retirement
system member who
seeks
service credit under this section.
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,
5505.202, 5505.204, 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 member
and
credited to the
member's
individual account in the employees'
savings fund; (2) All amounts paid by a member to purchase service credit
from the state highway patrol retirement system pursuant to this
chapter or other state law; (3) Any interest on the amounts specified in division (L)(1)
and (2) of this section. (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) or (D) of section
5923.05 of the Revised Code or Section 4 of Substitute Senate
Bill
No. 3 of the 119th 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. 5505.16. (A) A member of the state highway patrol
retirement system who has been in the service of the state
highway
patrol for a period of twenty-five years as an employee
according
to the rules adopted by the state highway patrol
retirement board
may make application for a pension which, if the
member is under
age forty-eight, shall be deferred until age
forty-eight. (B) A member of the retirement system who has been in the
service of the highway patrol for a period of twenty years as an
employee according to the rules adopted by the retirement board,
may make application for a pension that, if the member is under
age
fifty-two, shall be deferred until age fifty-two,
except that
any such member who has attained twenty years of
service may, on
or after attaining age
forty-eight but
before attaining age
fifty-two, elect to
receive a
reduced pension of the greater of
nine hundred
one thousand fifty dollars or an amount
computed as
follows:
|
Attained Age |
|
Reduced Pension |
|
48 |
|
75% of normal service pension |
|
49 |
|
80% of normal service pension |
|
50 |
|
86% of normal service pension |
|
51 |
|
93% of normal service pension |
In the case of a member who elects to receive a reduced
pension after attaining age forty-eight, the reduced
pension is
payable from the later of the date of the
member's most recent
birthday or the date the
member becomes
eligible to receive the
reduced pension. A member who has elected to receive a reduced pension in
accordance with the schedule provided in this division and has
received a payment in connection therewith may
not change the
election. (C) Any member who attains the age of fifty-five years and
has been in the service of the patrol for a period of twenty
years
as a uniformed patrol officer according to the rules
adopted by
the board, shall file application for retirement with
the board,
and if the member refuses or neglects to do so, the board may
deem
the member's application to have been filed on the member's
fifty-fifth
birthday. The member may, upon written application
approved by
the superintendent of the state highway patrol, be
continued in
service after attaining the age of fifty-five years,
but only
until the member has accumulated twenty years of service. (D)(1) As used in this division: (a) "Service in the uniformed services" means the
performance of
duty on a voluntary or involuntary basis in a
uniformed service under
competent authority and includes 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 person is absent from a position of
employment
for the purpose of an examination to determine the fitness of the
person to perform any such duty. (b) "Uniformed services" of the United States includes both: (i) Army, navy, air force, marine corps, coast guard,
or any
reserve components of these services; auxiliary corps as
established by congress; army nurse corps;
navy nurse corps;
service as red cross nurse with the army, navy,
air force, or
hospital service of the United States, or serving
full-time with
the American red cross in a combat zone; and such other service
as
is designated by congress as included
therein; (ii) Personnel of the Ohio national guard, the Ohio
military
reserve, the Ohio naval militia, and the reserve
components of the
armed forces enumerated in division
(D)(1) of
this section who are
called to active duty pursuant to an
executive order issued by the
president of the United States or
an act of congress. (2) A member's total service credit may include periods
not
to exceed a total of seven years, while the member's
employment
with
the state highway patrol is or was interrupted due to service
in the
uniformed services of the United States. Such
military
service shall be credited to the member towards
total service as
provided by this chapter and to the extent approved by the
board,
provided that: (a) The member is or was honorably discharged from service
in the
uniformed services; (b) The member is or was re-employed by the state
highway
patrol
within ninety days immediately following termination of
service in the
uniformed services; (c) The member, subject to board rules, pays into the
retirement system to the member's credit in
the employees' savings
fund an amount equal to the total
contributions the member would
have paid had state highway patrol
employment not been so
interrupted. Such payment may be
made at any time prior to
receipt of a pension. (3) If the member meets the requirements of division
(D)(2)
of this section, on
receipt of contributions from the member, the
state highway
patrol shall be billed for the employer contribution
that would
have been paid pursuant to section 5505.15 of the
Revised
Code if the member had not
rendered service in the
uniformed services, subject to board
rules. (4) If under division (D)(2)(c) of this section a
member
pays all or any portion of the contributions later than the lesser
of
five years or a period that is three times the member's period
of service in the uniformed services beginning from the later of
the member's date of re-employment or October 29, 1996,
an amount
equal to
compound interest at a rate
established by the board from
the later of the member's date of
re-employment or
October 29,
1996, to the date
of payment shall be added to the remaining
amount to be paid by
the member to purchase service credit under
this section. (5) Credit purchased by a member under division (D)(2) of
this section shall
be used to determine the member's eligibility
for retirement under this
section and section 5505.17 of the
Revised Code.
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. 5505.17. (A)(1) Upon retirement as provided in
section
5505.16 of the Revised Code, a member of the state
highway patrol
retirement system shall receive a life pension,
without guaranty
or refund, equal to the greater of one thousand fifty
dollars or
the sum of two and one-half
per cent of the member's final average
salary multiplied by the
first
twenty
twenty-five years of total
service credit, plus two and one-quarter
per cent of
the member's
final average salary multiplied by the number of years, and
fraction of
a year, of total service credit in excess of
twenty
years but not in excess of twenty-five years, plus two per cent of
the
member's final average salary multiplied by the number of
years, and fraction
of a year, in excess of twenty-five years;
provided that in no case shall
the pension exceed the
lesser of
seventy-nine
eighty-two and
one-quarter
three-quarters 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 with fifteen or more years of total service
credit, who voluntarily resigns or who is discharged from the
state highway patrol for any reason except retirement under
this
chapter, death, dishonesty, cowardice, intemperate habits,
or
conviction of a felony, shall receive a pension equal to one
and
one-half per cent of the member's final average salary
multiplied
by
the number of years, and fraction of a year, of total service
credit, except that the pension shall not 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 pension
shall
commence at the end of the calendar month in which the
application
is filed with the retirement board on or after the
attainment of
age fifty-five years by the applicant. A member who withdraws
any
part or all of the accumulated
contributions from the employees'
savings fund shall
thereupon forfeit all rights to a pension
provided for in
this division. (3)(a) A surviving spouse of a deceased member shall
receive
a monthly pension, determined as follows, during the
spouse's
life: (i) If at the time of death the member was not
eligible to
be granted a pension payable under this section or to
elect to
receive a reduced pension payable under section 5505.16
of the
Revised Code, nine hundred dollars; (ii) If at the time of death the member was eligible
to be
granted a pension payable under this section or to elect to
receive a reduced pension payable under section 5505.16 of the
Revised Code, the greater of nine hundred
dollars or fifty
per
cent of the computed monthly pension the member would have
received had the member been granted a pension under this section
or
elected to receive a reduced pension under section 5505.16 of
the
Revised Code. (b) The surviving spouse of a retirant shall receive a
monthly pension, determined as follows, during the spouse's life: (i) If the retirant had applied for a pension payable
under
section 5505.16 of the Revised Code, but at the time of
death had
not attained the age of eligibility for the pension,
nine hundred
dollars; (ii) If the retirant had applied for a pension payable
under
section 5505.16 of the Revised Code and had attained the
age of
eligibility for the pension, but at the time of death
had not
elected to begin receiving the pension, the greater of
nine
hundred dollars or fifty per cent of the
computed
monthly
pension
the retirant was eligible to receive under section
5505.16 of the
Revised Code; (iii) If the retirant was receiving a pension under this
section or section 5505.16 or 5505.18 of the Revised Code, or,
regardless of whether or not the retirant had actually received
any
payment, if the retirant was eligible to receive a pension
under
this section or section 5505.16 or 5505.18 of the Revised
Code
and had elected to begin receiving it, the greater of nine
hundred
dollars or fifty per cent of the computed monthly pension
awarded
the retirant. (c) If a monthly pension to a surviving spouse was
terminated due to a remarriage, the surviving
spouse is eligible
to
receive a monthly pension under division
(A)(3) of this section
effective the first day of the first month following June 5,
1996.
The pension shall be computed
under division (A)(3) of this
section as of June
5, 1996. The pension
payable to a person who
is the surviving spouse of more than one
state highway patrol
retirement system member or retirant
shall be computed on the
basis of the service of the member or retirant to
whom the
surviving spouse was most recently married. (4) A pension of one hundred fifty dollars per month shall
be
paid by the system to or for the benefit of each child of a
deceased member or retirant until the child attains the age of
eighteen years or marries, whichever event occurs first, or until
the child attains twenty-three years of age if the child 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 retirement
board. If
any surviving child, regardless of age at the time of
the
member's or retirant's death, because of physical or mental
disability, was totally dependent upon the deceased member or
retirant for support at the time of death, a pension of one
hundred fifty dollars per month shall be paid by the system to or
for
the benefit of the child during the child's natural life or
until
the child recovers from the disability. (5)(a) If a retirant died prior to June 6, 1988, and the
surviving spouse was not married to the retirant while
the
retirant was in the active service of the patrol, the surviving
spouse
shall receive a pension of the greater of four hundred
twenty-five dollars per month or fifty per cent of the computed
monthly pension the retirant was receiving. (b) If the pension payable to a person receiving a pension
under division (A)(5)(a) of this section on
the
effective date of
this amendment
June
30, 2000,
is
less than nine hundred dollars
per month, the pension shall
be
increased to nine hundred dollars
per month. (6)(a) If the pension payable to the surviving spouse
of a
deceased member or retirant under division
(A)(3) of this section
on
the effective date of this
amendment
June
30, 2000, is less
than
nine
hundred dollars per
month, the pension shall be
increased to nine hundred
dollars per month. (b) The pension payable to a child
of a deceased member or
retirant who is receiving a pension under division
(A)(4) of this
section on June 5, 1996,
shall be increased to one hundred
fifty
dollars per month. (7) If a deceased member or retirant leaves no spouse or
surviving children, but leaves two parents depending solely upon
the deceased member or retirant for support, each parent
shall be
paid a monthly pension of
one hundred fifty-four dollars. If in
such case there is only
one parent dependent solely upon the
deceased member or
retirant for support, such parent
shall be paid
a monthly pension of one hundred fifty-four
dollars. Such pension
shall be paid during the life of the
surviving parents, or until
dependency ceases, or until
remarriage, whichever event occurs
first. (8) Any amount remaining as accumulated contributions at the
time of death
of a
member or retirant who leaves no surviving
spouse or dependent children or
parents shall be paid to the
estate of the member or retirant. (9) The increases provided for by divisions (A)(5) and
(A)(6)(a) of this section shall be included in the
calculation of
the additional benefit paid under section 5505.174 of the Revised
Code. (B) The board shall adopt, and may amend or rescind, the
necessary rules for the administration of this section and all
decisions of the board shall be final. Any payment of a pension
or benefit under this section is subject to the provisions of
section 5505.26 of the Revised Code. (C) A member's total service credit may include periods
during which the member's employment with the state highway patrol
is
interrupted by a leave of absence, when requested by the
governor, to accept employment with another agency of the state,
provided that: (1) The member is reemployed by the state highway patrol
within
thirty days following termination of such other employment; (2) The member pays into the retirement system, to the
credit of
the employees' savings fund, an amount equal to the
total
contributions the member would have paid had the state
highway patrol
employment not been so interrupted. Such repayment
shall begin
within ninety days after the member's return to duty
with the state
highway patrol and be completed within a period
equal to that of
the leave of absence. (D) Service credits granted under division (C) of this
section shall not include any duplications of credits for which a
pension is payable by the public employees retirement system.
Sec. 5505.171. (A) All persons who retired and were
eligible to receive a pension that was payable prior to July 1,
1968, pursuant to division (A)(1) of section 5505.17 or division
(B)(1) of section 5505.18 of the Revised Code, shall receive an
additional monthly payment of two dollars for each year between
the member's effective date of retirement or disability and
December 31, 1971, or an additional fifty dollars, whichever is
less. On or before the first day of August in 1981 and on or
before
the first day of August in each year thereafter, the state
highway
patrol retirement board shall certify to the treasurer of
state
the amount required to be paid in the preceding fiscal year
under
this division. Upon receipt of such certification, the
treasurer
of state shall pay to the state highway patrol
retirement system
the amount certified. (B) Each person who retired and was eligible to receive a
pension,
other than
a reduced pension, that was payable prior to
the effective date of this
amendment
June
30, 2000, pursuant to
division (A)
or (B) of section 5505.16 or division (B) of section
5505.18 of the Revised
Code shall have the pension recalculated by
the board so that the person
receives a monthly pension of not
less than one thousand fifty dollars.
Any pension
increase
resulting from a recalculation made under this division shall be
included in the calculation of the additional benefit paid under
section
5505.174 of the Revised Code. (C) The pension of each person who is receiving a pension
pursuant to division (B) of section 5505.16 of the
Revised
Code on
June 5, 1996, of less
than
nine hundred
dollars per month shall be
increased to nine hundred dollars per month.
Any increase under
this
division shall be included
in the calculation of the
additional benefit paid under section
5505.174 of the Revised
Code. (D) The pension of each person who is receiving a pension
pursuant to division (B) of section 5505.16 of the Revised Code on
the effective date of this amendment of less than one thousand
fifty dollars per month shall be increased to one thousand fifty
dollars per month. Any increase under this division shall be
included in the calculation of the additional benefit paid under
section 5505.174 of the Revised Code.
Sec. 5505.176. (A) The state highway patrol retirement
system
shall increase the pension payable to each person receiving
a
pension granted prior to
September 16, 1998, that
was calculated
under division (A)(1) of section 5505.17 of the Revised Code on
the basis of total service credit of more
than twenty-five years.
The increase shall be an amount determined by multiplying the
pension payable
to the member on
September 16, 1998, by the
product obtained by
multiplying by one-half of one per cent the
member's years and fraction of a
year of service in excess of
twenty-five years, except that
the increased pension shall not
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 increased pension shall
be effective on October 1,
1998,
and shall be used in determining
the amount of the
additional benefit paid under section 5505.174
of the Revised
Code. (B) The state highway patrol retirement system shall
increase the
pension payable to each person receiving a pension
granted prior to
the
effective date of this
amendment
June
30,
2000, that was calculated
under division (A)(1) of section
5505.17
of the Revised Code on the basis of total service
credit
of more
than twenty years. The increase shall be an amount determined by
multiplying the pension payable to the member on
the
effective
date of this amendment
June
30, 2000,
by
the product obtained by
multiplying by one-quarter of one per cent the member's years and
fraction of a year of service in excess of twenty years but not in
excess of twenty-five years, except that the increased pension
shall not 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 increased pension shall be effective on the
first
day of the first month following
the effective date of this
amendment
June
30, 2000, and shall be used in
determining the
amount of the
additional benefit paid under section 5505.174 of
the Revised
Code.
(C) The state highway patrol retirement system shall
increase the pension payable to each person receiving a pension
granted prior to the effective date of this amendment that was
calculated under division (A)(1) of section 5505.17 of the Revised
Code on the basis of total service credit of more than twenty
years. The increase shall be an amount determined by multiplying
the pension payable to the member on the effective date of this
amendment by the product obtained by multiplying by one quarter of
one per cent the member's years and fraction of a year of service
in excess of twenty years, except that the increased pension shall
not 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 increased pension shall be effective on the first
day of the first month following the effective date of this
amendment and shall be used in determining the amount of the
additional benefit paid under section 5505.174 of the Revised
Code.
Sec. 5505.178. (A) As used in this section:
(1) "Cumulative percentage change in the CPI" means the
total percentage change in the consumer price index prepared by
the United States bureau of labor statistics for urban wage
earners and clerical workers (CPI-W: U.S. city average, all items)
from the thirty-first day of December immediately preceding the
year in which the original benefit started through the
thirty-first day of December immediately preceding the effective
date of this section.
(2) "Original pension amount" means the initial amount of a
pension granted to the initial recipient of the pension.
(B) For each individual receiving a pension from the state
highway patrol retirement board on the effective date of this
section, the board shall determine the sum of the following
amounts:
(1) An amount equal to eighty-five per cent of the original
pension amount, except that if the recipient is not the individual
to whom the original pension amount was granted, the amount shall
equal eighty-five per cent of the product obtained when the
original pension amount is multiplied by the percentage of the
original pension amount being paid to the recipient;
(2) An amount equal to the product obtained when the amount
determined under division (B)(1) of this section is multiplied by
the cumulative percentage change in the CPI.
(C) If the amount determined under division (B) of this
section is greater than the annual pension being paid to the
recipient, the board shall recalculate the annual pension payable
on the effective date of this section so that it equals the amount
determined under that division.
(D) The board shall include the increase in an
individual's pension provided for by this section in the
individual's base for the purpose of future increases in the
pension under section 5505.174 of the Revised Code.
(E) The board shall make the recalculations required under
this section not later than one hundred eighty days after the
effective date of this section. The board may adopt rules to
implement this section.
Sec. 5505.179. 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
eighty-two and
one-quarter
three-quarters 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
eighty-two and
one-quarter
three-quarters 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.
Sec. 5505.19. Subject to section 5505.26 of the Revised
Code, a member of the
state highway patrol retirement system who
ceases to be an employee of the
state highway patrol for any cause
except death, disability, or
retirement, upon application filed in
writing with the state highway patrol
retirement board, shall be
paid the accumulated contributions, less interest,
standing to the
credit of the member's individual account in the employees'
savings fund
plus any applicable amount calculated under section
5505.24 of the Revised Code. Except as otherwise provided in this
chapter, five years after
a member ceases to be an employee of the
patrol any balance of accumulated
contributions standing to the
member's credit in the employees' savings fund, plus any
applicable amount calculated under section 5505.24 of the Revised
Code,
shall be transferred to the income fund
and after that shall
be paid from that fund to the member, or in the
case of a deceased
member or retirant who dies leaving no surviving spouse or
dependent children or parents, shall be paid from that fund to the
estate of
the deceased member or retirant, upon application to
the
board.
Sec. 5505.20. Should a member of the state highway patrol
retirement system
cease to be an employee of the state highway
patrol, for any reason, except
his retirement or death,
he
the
member shall thereupon
cease to be a member of the retirement
system and
he shall forfeit
his
the
member's total service credit
at that time. Should
he
such a
former member return to the employ
of the state highway patrol,
he
the former member shall again
become a
member. When said re-employment occurs the total service
credit last
forfeited by
him
the member shall be restored to
his
the member's credit, provided
he
the member pays
into the
employees'
savings fund
to the state highway patrol retirement
system the amount, if any,
he
withdrew
therefrom
the member was
paid under section 5505.19 of the Revised Code, together with such
compound interest as the board may require from
the date of
withdrawal
the payment under that section to the date of
repayment. The member may choose to
purchase only part of such
credit in any one payment, subject to board rules.
The return of
accumulated contributions
the payment made under section 5505.19
of the Revised Code, and the payment of the compound interest,
shall be made according to such rules
as the board shall from time
to time adopt.
The repayment shall be credited as follows:
(A) The amount of the repayment that equals the amount, if
any, included, pursuant to section 5505.24 of the Revised Code, in
the payment to the member under section 5505.19 of the Revised
Code shall be credited to the employer's accumulation fund;
(B) The remaining amount of the repayment shall be credited
to the member's individual account in the employees' savings fund.
Sec. 5505.202. (A) As used in this section:
(1) "Law enforcement officer" has the same meaning as in
section 145.01 of the Revised Code.
(2) "Military service credit" means credit for service in
the armed forces of the United States purchased or obtained under
Chapter 145. of the Revised Code.
(B) A member of the state highway patrol retirement system
shall, in computing years of active service in the highway patrol
under sections 5505.16, 5505.17, and 5505.18 of the Revised Code,
be given full credit for time for which contributions as a law
enforcement officer were made under Chapter 145. of the Revised
Code and for military service credit if the member pays to the
state highway patrol retirement system the amount received by the
member under section 145.40 of the Revised Code, with compound
interest thereon at a rate determined by the state highway patrol
retirement board from the date of receipt under section 145.40 of
the Revised Code to the date of the member's payment under this
section. A member may choose to purchase only part of the credit in
any one payment, subject to board rules. (C) On certification by the state highway patrol retirement
board to the public employees retirement board of payment by the
member under this section, the public employees retirement system
shall pay from the employers' accumulation fund created under
section 145.23 of the Revised Code to the state highway patrol
retirement system an amount equal to the member's payment less any
of that amount that is attributable to section 145.401 of the
Revised Code.
Sec. 5505.204. A member of the state highway patrol
retirement system who elected to be exempt from membership in the
public employees retirement system while attending training under
section 5503.05 of the Revised Code shall, in computing years of
active service in the highway patrol under sections 5505.16,
5505.17, and 5505.18 of the Revised Code, be given full credit for
time attending the training prior to June 30, 1991, if the member
pays to the state highway patrol retirement system the amount the
member would have paid the public employees retirement system had
the member not elected to be exempt from membership, with compound
interest thereon at a rate to be determined by the state highway
patrol retirement board. The interest shall be for the period
from the date the member completed the training to May 4, 1992. A
member may choose to purchase only part of the credit
in any one
payment, subject to board rules. The retirement system must receive notice of the member's
election to purchase service credit under this section not later
than sixty days after this section's effective date. Payment for
the service credit must be complete not later than one hundred
eighty days after the date of receipt of the notice.
Sec. 5505.21. Should a member of the state highway patrol
retirement system die and no pension becomes payable from funds
of
the system on account of
his
the member's employment with the
patrol,
his
the member's accumulated contributions, less
interest,
standing to
his
the member's credit in the employees'
savings fund
at the time of
his death
and any applicable amount calculated
under section 5505.24 of the Revised Code shall be
paid to such
person or persons as
he
the member has nominated by
written
designation duly executed and filed with the state highway patrol
retirement board. If there is no such designated person or
persons surviving
such member,
his
the member's accumulated
contributions
and any applicable amount calculated under section
5505.24 of the Revised Code shall be paid according to the state
law of descent and
distribution; provided that, if
his accumulated
contributions are
the amount to be paid under this section is not
claimed by an eligible person or by the estate of the
deceased
member within seven years,
they
the amount shall be transferred to
the income fund of the system and after that shall be paid from
that fund to such person or estate upon application to the board.
Sec. 5505.24. (A) As used in this section:
(1)(a) "Eligible contributions" means all of the following:
(i) Amounts that a member contributes under division (A) of
section 5505.15 of the Revised Code to the state highway patrol
retirement fund;
(ii) Amounts that the state highway patrol retirement
system receives from a member under division (D) of section
5505.16, division (C) of section 5505.17, or section 5505.20,
5505.201, 5505.202, 5505.204, or 5505.25 of the Revised Code;
(iii) Amounts the state highway patrol retirement system
receives from a member, or is transferred to the state highway
patrol retirement system by another retirement system to the
credit of a member, under section 5505.40 or 5505.402 of the
Revised Code; (iv) Accumulated interest credited to the member's
individual account.
(b) "Eligible contributions" does not include
contributions that were used in the payment of a disability
pension or, as provided in rules adopted by the board, were
refunded to a member because the system was not authorized to
accept the contributions.
(2) "Service credit" means service credit earned for
periods for which contributions were made under section 5505.15 of
the Revised Code and, if applicable, periods for which service
credit was restored, purchased, or transferred under division (D)
of section 5505.16, division (C) of section 5505.17, or section
5505.20, 5505.201, 5505.202, 5505.204, 5505.25, 5505.40, or
5505.402 of the Revised Code.
(B) If a member has, or at the time of death had, at least
five years of service credit, the state highway patrol retirement
board shall include the amount specified in division (B)(1) or (2)
of this section in the amount payable under section 5505.19 of the
Revised Code to the member, or under section 5505.21 of the
Revised Code to a designated person or the member's estate, unless
at the time of death the member was a disability pension
recipient. The amount specified in division (B)(1) or (2) of this
section shall be paid from the employer's accumulation fund.
(1) If the member has, or had at the time of death, at
least five but less than ten years of service credit, the amount
included shall be equal to thirty-three per cent of the member's
eligible contributions.
(2) If the member has, or had at the time of death, at
least ten years of service credit, the amount included shall be
equal to sixty-seven per cent of the member's eligible
contributions.
Sec. 5505.40. (A) As used in this section: (1) "Full-time service" means full-time service as defined
by rule which shall be adopted by the state highway patrol
retirement board. (2) "Military service credit" means
credit
for service in
the armed forces of the
United States
purchased or obtained under
this chapter or Chapter 145., 3307.,
or 3309. of the Revised Code. (B)(1)(a)
For
Except as provided in division (B)(1)(d) of
this section, for purposes
of computing the pension payable
under
section
5505.17 or 5505.18 of the Revised Code, a member of
the
state highway patrol
retirement system who is a former member
of
the public employees
retirement system, school employees
retirement system, or state
teachers retirement system and
has
received a return of contributions from the
former retirement
system
shall be given full credit for service credit earned for
full-time service as a member of the former retirement system or
purchased or obtained as military service credit if, for each
year of
service credit, the state highway patrol retirement system
receives the sum of the following: (i) An amount, which shall be paid by the member
to the
member's credit in the employees'
savings fund, equal to the
amount received by the
member from the former retirement system
for that year that is
attributable to contributions made for
full-time service and payments for
military service credit, plus
interest at a rate established by the board on that amount from
the
date payment was made to the member by the former retirement
system to the
date the member
makes the payment to the state
highway patrol retirement system; (ii) If a member
is seeking credit for service under the
public employees 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 of the
Revised Code; (iii) Interest, which shall be
transferred by the former
retirement system, on the amount received by 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 amount was paid
to the
member; (iv) An amount, which shall be transferred by the former
retirement system, equal to the lesser of the employer's
contributions to the former retirement system for the
year of
service or the amount that would have been
contributed by the
employer for the full-time service
had the
member been a member
of the state highway patrol retirement
system 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. (b) On receipt of
payment from the member, the state highway
patrol retirement
system shall notify the former retirement
system, which, on receipt
of the notice, shall make the transfer
required by this division.
Interest shall be determined in
accordance with division
(F) of this section. (c) The amount transferred under division
(B)(1)(a) of this
section by the public employees retirement system shall not
include any amount
of employer contributions and interest on
employee contributions the
member received under section 145.40 of
the Revised
Code.
(d) This division does not apply to a former member of the
public employees retirement system who qualifies to receive credit
under section 5505.202 of the Revised Code, except that the former
member may receive credit under this division for services for
which credit is not available under section 5505.202 of the
Revised Code. (2) For purposes of computing the pension payable under
section 5505.17 or 5505.18 of the
Revised
Code, a member of the
state
highway patrol retirement system who
has contributions on
deposit with the public
employees retirement system, school
employees retirement system, or state
teachers retirement system
shall be given full credit for service credit earned for
full-time
service as a member of that retirement system,
any service credit
purchased or obtained as military service credit, and any
service credit obtained under section
145.295,
3307.761, or
3309.381 of the Revised Code for service for which contributions
were made to
the Ohio police and fire pension fund. The credit
shall be given
if, for each year of service, the public employees
retirement system, school
employees retirement system, or state
teachers retirement system
transfers to the state highway patrol
retirement system the sum
of the following: (a) The amount, contributed by
the member or, in the case
of military service, paid by the member, that is
attributable to
that service; (b) An amount equal to the lesser of the employer's
contributions to the public employees retirement
system, school
employees retirement system, or state teachers
retirement system
for the year of service or the amount that would have
been
contributed by the employer for the full-time service had the
member been a member of the state highway patrol retirement
system
at the time the credit was earned; (c) An amount equal to any amount received by the retirement
system under
section 145.295, 3307.761, or 3309.351 of the Revised
Code; (d) Interest, determined in accordance with division
(F) of
this section, on
the amounts specified in divisions (B)(2)(a),
(b), and (c) of this section
from the last day of the year for
which the service credit in the transferring
retirement
system was
earned or in which payment was made for military service
credit or
service credit under section 145.295, 3307.761,
or 3309.351 of the
Revised Code was purchased or obtained
to the date the transfer is
made. On receipt of a request from the member, the
appropriate
retirement system shall make the transfer. (3) Unless section 5505.402 of the Revised Code applies,
for purposes of
computing the pension payable under
section
5505.17 or 5505.18 of the
Revised
Code, a member of the state
highway patrol retirement system who has contributions on
deposit
with the Cincinnati
retirement system shall be given full credit
for service credit
earned for full-time service as a member of
that retirement
system or purchased or obtained as
military
service credit if, for each year of
service credit, the state
highway patrol retirement system
receives the sum of the
following: (a) An amount, which
shall be paid by the member to the
member's credit in the
employees' savings fund, equal to the
amount withdrawn from the
Cincinnati retirement system
that is
attributable to that year of service, with interest on that amount
determined in accordance with division (F) of this section
from
the date of withdrawal to the date of payment; (b) Interest, which shall be paid either
by the member or
the Cincinnati retirement system, on the amount
withdrawn 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 amount was
withdrawn; (c) An amount, which
shall be paid either by the member or
the
Cincinnati retirement system,
equal to the lesser of the
employer's contributions to
the Cincinnati retirement
system for
the year of service or the amount that would have
been contributed
by the employer for the full-time
service had the
member been a
member of the state highway patrol retirement
system 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 to the date the
payment is made. (C) If a member who is not a current contributor and has not
received
a
refund of accumulated
contributions
payment under
section 5505.19 of the Revised Code elects to receive
credit under
section 145.295,
3307.761, or 3309.351 of the Revised
Code for
service for
which the member
contributed to
earned or purchased
from the state
highway patrol
retirement
system
and credit
purchased as military
service credit, the state highway patrol
retirement
system shall
transfer
to the appropriate retirement
system
the amount specified
in division
(B)(D) of section 145.295,
division
(B)(D) of
section
3307.761, or division
(B)(D) of section
3309.73 of the Revised Code. (D)(1) A member is ineligible to purchase or otherwise
receive credit under this section for service that is used in the
calculation of any retirement benefit currently being paid or
that
is payable in the future to the member, or service rendered
concurrently with any other period for which service credit has
already been granted. (2) Except as provided under division (D)(3) of this
section, no service
credit purchased under this section or
received as
a result of a transfer requested under this section
shall be
used to determine any member's eligibility for retirement
under
sections 5505.16 and 5505.17 of the Revised Code. (3) Service credit obtained under this section by a member
for military service credit or for service as a
state highway
patrol cadet attending training school pursuant to section
5503.05
of the Revised Code
shall be used to determine the member's
eligibility
for retirement under sections 5505.16 and 5505.17 of
the Revised Code. (4) Subject to rules of the state highway patrol
retirement
system, a member may choose to purchase only part of
the credit
the member is eligible to purchase under division
(B)(1) or
(3) of
this section. (E) At the request of the state highway patrol retirement
system, the public employees retirement system, school employees
retirement system, state teachers retirement system, or
Cincinnati
retirement system
shall certify to the state highway patrol
retirement system a
copy of the records of service, salary, and
contributions of a
member who seeks service credit under this
section. (F) 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 state highway
patrol retirement system or
of the retirement system in which the
credit was earned. The
interest shall be compounded annually. (G) The state highway patrol retirement system board may
adopt rules
establishing procedures for
the purchase of service
credit or the transfer of contributions
under this section.
Sec. 5505.403. (A) If the conditions described in division
(B)
of section 5505.401 of the Revised Code are met and a person
who is a member
or
former member of the state highway patrol
retirement system but not a
current contributor and who is not
receiving a pension or
benefit from the state highway patrol
retirement system elects to receive
credit under the Cincinnati
retirement system for service
for which the person contributed to
the state highway patrol retirement system
or purchased or
obtained
as military service credit, the state highway patrol
retirement system shall
transfer the amounts
specified in division
(B) or (C) of this section to the
Cincinnati retirement system. (B) If a person has not received a
refund of accumulated
contributions from the state highway patrol retirement system
payment under section 5505.19 of the Revised Code, the
retirement
system shall, for each year of service credit,
transfer
to the
Cincinnati retirement system the sum of the
following: (1) An amount equal to the person's contributions to the
state
highway patrol retirement system and payments made by the
member for military
service credit; (2) An amount equal to the lesser of the
employer's
contributions to the state highway patrol retirement system for
the
year of service or the amount
that would have been contributed
by the employer for the service
had the person been a member of
the Cincinnati retirement system
at the time the credit was
earned; (3) Interest on the amounts specified in divisions (B)(1)
and (2)
of this section for the period 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 was
made. (C)(1) If the person has received a
refund of accumulated
contributions to the state highway patrol retirement system
payment under section 5505.19 of the Revised Code, the
retirement
system shall, for each year of service credit,
transfer
to the
Cincinnati retirement system the sum of the
following
as reduced
by division (C)(2) of this section: (1)(a) Interest on the amount
refunded
paid to the former
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
payment was made;
(2)(b) An amount equal to the lesser of the
employer's
contributions to the state highway patrol retirement system for
the year of service or the amount that would have been contributed
by the
employer for the service had the person been a member of
the Cincinnati retirement system 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.
(2) The amount the state highway patrol retirement system
transfers under division (C)(1) of this section shall be reduced
by any amount paid to the member under section 5505.19 of the
Revised Code that is attributable to section 5505.24 of the
Revised Code.
(D) The amount transferred under division (C)(1) of this
section
shall
not include any amount of interest the Cincinnati
retirement
system paid to the person when it made the refund. (E) On receipt of notice from the Cincinnati retirement
system
that the Cincinnati retirement system has received payment
from a
person described in division (C) of this section, the state
highway patrol retirement system shall transfer the amount
described in
that division. (F) 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 state highway
patrol
retirement system or the Cincinnati retirement system. The
interest shall be compounded annually. (G) The transfer of any amount under this section cancels an
equivalent amount of service credit. (H) At the request of the Cincinnati retirement system,
the
state
highway patrol retirement system shall certify to the
Cincinnati
retirement system a copy of the records of the service
and contributions of a
member or former
member of the state
highway patrol retirement system who elects to receive
service
credit under the
Cincinnati retirement system. (I) In addition to entering into an agreement with the
Cincinnati
retirement system under section 5505.401 of the Revised
Code, the
state highway patrol retirement system board may adopt
rules establishing
procedures for the transfer of contributions
under this
section.
Section 2. That existing sections 145.295, 742.375, 3307.761,
3309.73, 5505.01, 5505.16, 5505.162, 5505.163, 5505.17, 5505.171,
5505.176, 5505.18, 5505.19, 5505.20, 5505.21, 5505.40, and
5505.403
of the Revised Code are hereby repealed.
Section 3. An individual who is receiving a pension from the
State
Highway Patrol Retirement System pursuant to division (A)(1)
or
(2) of section 5505.17 of the Revised Code and did not
purchase,
under section 5505.25 of the Revised Code, service
credit for
service incurred by reason of having been on active
duty as a
member of the uniformed services of the United States
may purchase
such service credit. The purchase shall be made in
the same manner and under the same
limitations as a member of the
State Highway Patrol Retirement
System who is not receiving a
pension from the System may purchase
such service credit under
section 5505.25 of the Revised Code, except that notice of the
member's election to purchase the credit must be received by the
retirement system not later than one hundred eighty days after the
effective date of this section and payment must be complete not
later than one hundred eighty days after the date of receipt of
the notice. If an individual purchases service credit under this
section,
the
State Highway Patrol Retirement System shall
recalculate the
individual's pension accordingly. The
recalculated pension shall
be effective the first day of the month
following the month the
service credit is purchased.
|
|