130th Ohio General Assembly
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H. B. No. 373As Introduced
As Introduced

124th General Assembly
Regular Session
2001-2002
H. B. No. 373


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.
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