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S. B. No. 134As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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SENATOR Blessing
A BILL
To amend sections 742.03, 742.14, 742.351, 742.37,
742.3716, 742.46, and 742.63;
to amend, for the
purpose of adopting new section
numbers as
indicated in parentheses, sections
742.43 (742.113)
and 742.44 (742.101); to enact
new sections 742.43
and 742.44 and sections
742.441, 742.442, 742.443,
742.444, 742.445,
742.446, and 742.447 of the
Revised Code to provide for establishment of the
Ohio
Police and Fire
Pension Fund
deferred
retirement
option plan.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 742.03, 742.14, 742.351, 742.37,
742.3716, 742.46, and 742.63
be amended; sections 742.43 (742.113)
and 742.44 (742.101) be
amended, for the purpose of adopting new
section numbers as
indicated in parentheses; and new sections
742.43 and 742.44 and
sections 742.441, 742.442, 742.443, 742.444,
742.445, 742.446, and 742.447
of the Revised Code be enacted to
read as follows:
Sec. 742.03. (A) As used in this section and in sections
742.04 and 742.05 of the Revised Code: (1) "Police officer" means a member of the fund who is or
has been an
employee of a police department and is not a police
retirant. (2) "Firefighter" means a member of the fund who is or has
been an
employee of a fire department and is not a firefighter
retirant. (3) "Firefighter retirant" means a member of the fund who
is
receiving an age and service or disability benefit as a result
of
service in a fire department or a surviving spouse of a
deceased
member who is receiving a benefit as a result of the
deceased
member's service in a fire department.
"Firefighter retirant" does
not include a member of the fund who is participating in the
deferred retirement option plan established under section 742.43
of the Revised Code. (4) "Police retirant" means a member of the fund who is
receiving an age and service or disability benefit as a result of
service in a police department or a surviving spouse of a
deceased
member who is receiving a benefit as a result of the
deceased
member's service in a police department.
"Police retirant" does
not include a member of the fund who is participating in the
deferred retirement option plan established under section 742.43
of the Revised Code. (B) The administration, control, and management of the
Ohio
police and fire
pension fund, created under
section 742.02 of the
Revised Code, is vested in a board of
trustees of the Ohio police
and fire pension fund,
which shall consist of nine members as
follows: (1) The attorney general; (2) The auditor of state; (3) The fiscal officer of a municipal corporation who
shall
be appointed by the governor. This member's term shall be
for
three years, commencing on the fourth day of June and ending
on
the third day of June. The fiscal officer member shall hold
office from the date of appointment until the end of the term
for
which appointed. Any fiscal officer member appointed
to fill a
vacancy occurring prior to the expiration of the term
for which
the fiscal officer member's predecessor was appointed
shall hold
office for the
remainder of such term. Any fiscal officer member
shall continue
in office subsequent to the expiration date of the
fiscal
officer member's term until such member's
successor takes
office, or until a period of sixty days has
elapsed, whichever
occurs first. (4) Four members known as employee members. Two employee members shall be police officers elected by
police officers. Two employee members shall be firefighters
elected by firefighters. Employee members of the board shall be
elected for
terms of four years as provided by section 742.04 of
the Revised Code. (5) One member known as the firefighter retirant member, who
shall be a
resident of this state elected by the firefighter
retirants. The firefighter
retirant member shall be elected for a
term of four years as provided by
section 742.04 of the Revised
Code. (6) One member known as the police retirant member, who
shall be a resident
of this state elected by the police retirants.
The police retirant member
shall be elected for a term of four
years as provided by section 742.04 of the
Revised Code. (C) No employee member of the board who retires while a
member of the board shall be eligible to become a retirant member
for three years after the date of the member's retirement.
Sec. 742.44
742.101. The board of trustees of the Ohio
police and
fire
pension fund shall estimate annually the amount
required to pay its expenses
for the ensuing year, and shall fix
the amount which shall be transferred from
the guarantee fund to
the expense fund.
Sec. 742.43
742.113. Except as provided in sections 742.01
to 742.61 of
the Revised Code, no trustee and no employee of the
board of trustees of the
Ohio police and fire
pension
fund
shall
have any interest,
direct or indirect, in the gains or profits of
any investment made by the
board nor as such, directly or
indirectly, receive any pay or annual emolument
for the trustee's
or employee's services. No trustee or
employee of said board
shall, directly or
indirectly, for self or as an agent or partner
of
others, borrow any funds
or deposits over which the board has
jurisdiction or use the same except to
make such current and
necessary payments as are authorized by the board; nor
shall any
member or employee of the said board become an endorser or surety
or
become in any manner an obligor for money loaned by or borrowed
from the
board.
Sec. 742.14. (A) The board of trustees
of the Ohio police
and
fire pension fund shall have prepared annually by or
under the
supervision of an actuary an
actuarial valuation of the pension
assets, liabilities, and funding
requirements of
the Ohio police
and
fire pension fund as established pursuant
to sections 742.01
to 742.61 of the Revised
Code. The actuary shall complete the
valuation in accordance with actuarial standards of practice
promulgated by
the actuarial standards board of the American
academy of actuaries and prepare a report of the valuation. The
report shall
include all of the following: (1) A summary of the benefit provisions evaluated; (2) A summary of the census data and financial information
used in the
valuation; (3) A description of the actuarial assumptions, actuarial
cost method,
and asset valuation method used in the valuation,
including a statement of the
assumed rate of payroll growth and
assumed rate of growth or decline in the
number of members of the
fund contributing to the pension fund; (4) A summary of findings that includes a statement of the
actuarial
accrued pension liabilities and unfunded actuarial
accrued pension
liabilities; (5) A schedule showing the effect of any changes in the
benefit
provisions, actuarial assumptions, or cost methods since
the last annual
actuarial valuation; (6) A statement of whether contributions to the pension fund
are
expected to be sufficient to satisfy the funding objectives
established by the
board. The board shall submit the report to the
Ohio retirement
study council and the
standing committees of the house of
representatives and the senate with
primary
responsibility for
retirement legislation not later than the first day of
November
following the year for which the
valuation was made. (B) The board shall annually thereafter have prepared by
an
actuary a
report
showing the adequacy of the rate of the police
officer
employers' contribution
provided for by section 742.33 of
the Revised Code, and the adequacy of the
rate of the firefighter
employers' contribution provided
for by section 742.34 of
the
Revised Code. (C) At such times as the board
determines, and at
least once
in each quinquennial
period, the board shall have prepared by
or
under the supervision of an actuary an actuarial
investigation of
the
mortality, service, and other experience of
the members of the
fund and
of other system retirants, as defined in section 742.26
of the
Revised Code, who are members of a police department or a
fire
department to update the actuarial assumptions used in the
actuarial valuation required by division (A)
of this section. The
actuary shall prepare a report of the actuarial
investigation.
The
report shall be prepared and any recommended changes in
actuarial
assumptions shall be made in accordance with the
actuarial
standards
of practice promulgated by the actuarial
standards board
of the
American academy of actuaries. The report
shall include
all of the following: (1) A summary of relevant decrement and economic assumption
experience
observed over the period of the investigation; (2) Recommended changes in actuarial assumptions to be used
in
subsequent actuarial valuations required by division
(A) of
this section; (3) A measurement of the financial effect of the recommended
changes in
actuarial assumptions. The board shall submit the report to the
Ohio retirement
study council and the
standing committees of the house of
representatives and the senate with
primary
responsibility for
retirement legislation not later than the first day of
November
following the last fiscal year of the
period the report covers. (D) The board shall have prepared by or
under the
supervision of an actuary an actuarial analysis of any introduced
legislation expected to have a measurable financial impact on the
pension
fund.
The actuarial analysis shall be completed in
accordance with the actuarial
standards of practice promulgated by
the actuarial standards board of the
American academy of
actuaries. The actuary
shall prepare a report of the actuarial
analysis, which shall include all of
the following: (1) A summary of the statutory changes that are being
evaluated; (2) A description of or reference to the actuarial
assumptions and
actuarial cost method used in the report; (3) A description of the participant group or groups
included in the
report; (4) A statement of the financial impact of the legislation,
including
the resulting increase, if any, in the employer normal
cost percentage; the
increase, if any, in actuarial accrued
liabilities; and the per cent of payroll
that would be required to
amortize the increase in actuarial accrued
liabilities as a level
per cent of covered payroll for all active members of
the fund
over a period not to exceed thirty years; (5) A statement of whether the scheduled contributions to
the system
after the proposed change is enacted are expected to be
sufficient to satisfy
the funding objectives established by the
board. Not later than sixty days from the date of introduction of
the
legislation, the board shall submit a copy of the actuarial
analysis to
the
legislative budget office of the legislative
service commission, the standing
committees of the house of
representatives and the senate with primary
responsibility for
retirement legislation, and the
Ohio retirement study council. (E) The board shall have
prepared annually a report giving a
full accounting of the
revenues and costs relating to the
provision of benefits under
section 742.45 of the Revised
Code.
The report
shall be made as of December
31, 1997, and the
thirty-first day of December of each year
thereafter. The report
shall include the following: (1) A description of the statutory authority for the
benefits provided; (2) A summary of the benefits; (3) A summary of the eligibility requirements for the
benefits; (4) A statement of the number of participants eligible for
the
benefits; (5) A description of the accounting, asset valuation, and
funding method used to provide the benefits; (6) A statement of the net assets available for the
provision of the benefits as of the last day of the fiscal
year; (7) A statement of any changes in the net assets
available
for the provision of benefits, including participant and
employer
contributions, net investment income, administrative
expenses, and
benefits provided to participants, as of the last day
of the
fiscal year; (8) For the last six consecutive fiscal years, a schedule
of
the net assets available for the benefits, the
annual cost of
benefits, administrative expenses incurred, and
annual employer
contributions allocated for the provision of
benefits; (9) A description of any significant changes that affect
the
comparability of the report required under this
division; (10) A statement of the amount paid under division (C) of
section
742.45 of the Revised Code. The board shall submit the report to the
Ohio retirement
study
council and the standing committees of the house of
representatives and the senate with primary responsibility for
retirement legislation not later than the thirtieth day of
June
following the year for
which the report was made.
(F) At least once in each quinquennial period, the board
shall have prepared by or under the supervision of an actuary an
actuarial investigation of the deferred retirement option plan
established under section 742.43 of the Revised Code. The
investigation shall include an examination of the financial
impact, if any, on the fund of offering the plan to members. The actuary shall prepare a report of the actuarial
investigation. The report shall include a determination of
whether the plan, as established or modified, has a negative
financial impact on the fund and, if so, recommendations on how to
modify the plan to eliminate the negative financial impact. If
the actuarial report indicates that the plan has a negative
financial impact on the fund, the board may modify the plan or
cease to allow members who have not already done so to elect to
participate in the plan. If the board ceases to allow members to
elect to participate in the plan, the rights and obligations of
members who have already elected to participate shall
not be
altered. The board may include the actuarial investigation required
under this division as part of the actuarial investigation
required under division (C) of this section.
Sec. 742.351. (A) On receipt of written notice of a
member's
election to retire under division (C) of section 742.37
of the
Revised Code
or to terminate active service as described in
division (B) of section 742.444 of the Revised Code, the Ohio
police and
fire pension fund shall request from the employer
verification of the member's
termination date and any other
information the fund
determines necessary to calculate and pay a
pension under
that
division
(C) of section 742.37 of the Revised
Code. The request shall be on a form created by the fund and
specify the date by which the information must be received by the
fund, which shall be sixty days after the form is sent by the
fund. (B)(1) On receipt of a request for information under
division
(A)
of this section, the employer shall complete the form
and return it to
the fund not later than the date specified by the
fund. (2) If the fund does not receive the completed form by the
specified date, the fund shall send notice by certified mail to
the
employer that unless the completed form is received not later
than
thirty days after the specified date a fine will be imposed. (C) The fund shall assess against an employer that fails to
return the completed form by the end of the period described in
division
(B)(2) of this section a fine of one hundred dollars per
day. The period for which the fine shall be imposed begins the
thirty-first
day after the
date notice is mailed under division
(B)(2) of this section and
ends on the day before the day the
completed form is received by the fund.
Any amount due from an
employer under this division shall be collected from the county
auditor in the
manner provided in
section 742.35 of the Revised
Code for delinquent contributions. (D) The fund shall make one or more monthly payments to a
member
whose pension does not commence by the ninety-first day
after the fund
sends a request for information under division (A)
of this
section due to the employer's failure to return the
completed form required under this
section. Payment under this
division shall commence on the first day of the second month
following a month that includes a day for which an assessment
against the employer is required under division (C) of this
section. The payment shall be an amount equal to one hundred
dollars for every day that an
assessment is required under
division (C) of this section less any
administrative costs
incurred by the fund in complying with this section.
Payment
shall continue
on a monthly basis until the member receives the
total amount attributable to
the required penalty
for an
employer's failure to return the form that was requested
for that
member's information.
Sec. 742.37. The board of trustees of the Ohio police and
fire pension fund shall
adopt rules for the
management of the fund
and for the disbursement of benefits and
pensions as set forth in
this
section and section 742.39 of the Revised Code. Any
payment
of a benefit
or pension under this section is subject to the
provisions of
section 742.461 of the Revised Code.
Notwithstanding
any other
provision of this section, no pension or
benefit paid or
determined under division (B) or (C) of this
section or section
742.39
of the Revised Code shall exceed
the
limit established by
section 415 of the "Internal Revenue
Code of
1986," 100 Stat.
2085, 26 U.S.C.A. 415, as amended. (A) Persons who were receiving benefit or pension payments
from a police relief and pension fund established under former
section 741.32 of the Revised Code, or from a firemen's relief and
pension
fund established under former
section 521.02 or
741.02 of
the Revised Code, at the time the assets of the
fund
were
transferred to the Ohio police and fire pension fund, known
at
that time as the police and firemen's disability and
pension fund,
shall receive benefit and pension payments from the
Ohio police
and
fire pension fund in
the same
amount and subject to the same
conditions as such payments
were
being made from the former fund
on the date of
the transfer. (B) A member of the fund who, pursuant to law, elected to
receive benefits and pensions from a police relief and pension
fund established under former section 741.32 of the Revised
Code,
or from a firemen's relief and
pension fund established
under
former section 741.02 of the Revised Code, in accordance
with the
rules of the fund governing the granting of
benefits or
pensions
therefrom in force on April 1, 1947, shall receive
benefits and
pensions from the Ohio police and fire
pension
fund in accordance
with such rules; provided, that
any member of the fund who is not
receiving a benefit or pension
from the fund on August 12, 1975,
may, upon application for a
benefit or pension to be received on
or after August 12, 1975,
elect to receive a benefit or pension in
accordance with division
(C) of this section. (C) Members of the fund who have not elected to receive
benefits and pensions from a police relief and pension fund or a
firemen's relief and pension fund in
accordance with the rules of
the fund in force on April 1, 1947, shall receive pensions
and
benefits in accordance with the following provisions: (1) A member of the fund who has completed twenty-five
years
of active service in a police or fire department and has
attained
forty-eight years of age may, at the member's
election, retire
from the police or fire department, and. Except while
participating in the deferred retirement option plan established
under section 742.43 of the Revised Code, upon notifying the board
in writing of the election,
the member shall receive an annual
pension,
payable in twelve monthly installments, in an amount
equal to a
percentage of the member's average annual salary. The
percentage shall
be the sum of two and one-half per cent for each
of the first
twenty years the member was in the active service of
the
department,
plus two per cent for each of the twenty-first to
twenty-fifth
years the member was in the active service of the
department, plus one
and one-half per cent for each year in excess
of twenty-five
years the member was in the active service of the
department. The annual pension shall not exceed seventy-two per
cent of the
member's average annual salary. A member who completed twenty-five years of active
service,
has resigned or been discharged, and
has left the
sum deducted
from the member's salary on deposit in the pension fund
shall,
upon attaining
forty-eight years of age, be
entitled to receive a
normal service pension benefit computed and
paid under division
(C)(1) of this section. (2) A member of the fund who has served fifteen or more
years as an active member of a police or fire department and who
voluntarily resigns or is discharged from the department
for any
reason other than dishonesty, cowardice, intemperate habits, or
conviction of a felony, shall receive an annual pension, payable
in twelve monthly installments, in an amount equal to one and
one-half per cent of the member's average annual salary
multiplied
by the
number of full years the member was in the active service
of
the department. The pension payments shall not commence
until
the
member has attained the age of forty-eight years and until
twenty-five years have elapsed from the date on which the
member
became a
full-time regular police officer or
firefighter in the
department. (3) A member of the fund who has completed fifteen or more
years of active service in a police or fire department and who
has
attained sixty-two years of age, may retire from the
department
and, upon notifying the board in writing of the
election to
retire, shall receive an annual pension, payable in
twelve monthly
installments, in an amount equal to a percentage
of the member's
average annual salary. The percentage
shall be the sum of two and
one-half per cent for each of the first twenty
years
the member
was in the active service of the department,
plus
two per cent for
each of the twenty-first to twenty-fifth years
the member was in
the active service of the department, plus one and one-half
per
cent for each year in excess of twenty-five years the member
was
in the
active service of the department. The
annual pension shall
not
exceed seventy-two per cent of the member's average annual
salary. (4) With the exception of those persons who may make
application
for benefits as provided in section 742.26 of the
Revised Code,
no person receiving a pension or other benefit under
division (C)
of this section on or after July 24, 1986, shall be
entitled to
apply for any new, changed, or different benefit. If a member covered by division (C) of this section or
section 742.38
of the Revised Code dies
prior to the time the
member has received a payment and
leaves a
surviving spouse or
dependent child, the surviving
spouse or dependent child shall
receive a pension under division
(D) or (E) of this section. (D)(1) Except as provided in division (D)(2)
of this
section, a surviving spouse of a deceased member of the fund
shall
receive a monthly pension
as follows: (a) For the period beginning
July 1, 1999, and ending
June
30, 2000, five hundred
fifty dollars; (b) For the period beginning
July 1, 2000, and the first day
of July of each year thereafter
and continuing for the following
twelve months, an amount equal
to the monthly amount paid during
the prior twelve-month period
plus an amount determined
by
multiplying five hundred
fifty dollars by the average percentage
change in the consumer
price index, not exceeding three per cent,
as determined each
year by the board under section 742.3716 of the
Revised
Code. (2) A surviving spouse of a deceased member of the fund
shall receive a monthly pension
of four hundred ten dollars if
the
surviving spouse is eligible
for a benefit under division
(B) or
(D) of section 742.63 of the
Revised Code. If the surviving
spouse ceases to be eligible
for a benefit under division (B) or
(D) of section 742.63 of
the Revised
Code, the pension shall be
increased, effective the first day of the first month following
the day on which the surviving spouse ceases to be eligible for
the benefit,
to the amount it would be under division (D)(1) of
this section had
the spouse never
been eligible for a benefit
under division (B) or (D) of
section 742.63 of the
Revised
Code. (3) A pension paid under this division shall
continue
during
the natural life of the surviving spouse.
Benefits to a deceased
member's surviving
spouse that
were terminated under a former
version of this section that
required termination due to
remarriage and were not resumed
prior to September
16, 1998, shall
resume on
the first day of the month immediately following receipt
by the
board of an application on a form provided by the board. (E) Each surviving child of a deceased member
of the fund
shall receive a monthly pension
of one hundred fifty dollars
until
the child attains the age of eighteen years, or
marries,
whichever
event occurs first. A pension under this
division,
however, shall
continue to be payable to a child under age
twenty-two who is a
student in and attending an institution of
learning or training
pursuant to a program designed to complete
in each school year the
equivalent of at least two-thirds of the
full-time curriculum
requirements of the institution, as
determined by the board. If
any surviving
child, regardless
of age at the time of the member's
death, because of physical
or mental disability, is totally
dependent upon the
deceased
member for support at the time of
death, the
child shall receive a monthly
pension under this
division during the
child's natural life or until the child has
recovered
from the disability. (F) If a deceased member of the fund leaves no surviving
spouse or surviving children, but leaves two parents dependent
upon the deceased member for support, each parent shall be
paid a
monthly pension
of one hundred dollars. If there is only one
parent dependent upon the member for support, the parent
shall be
paid a monthly
pension of two hundred dollars. The
pensions
provided for in this division shall be paid during the natural
life of the surviving parents, or until dependency ceases, or
until remarriage, whichever event occurs first. (G) Subject to the provisions of section 742.461 of the
Revised Code, a member of the fund who voluntarily
resigns or is
removed from active service in a police or fire
department is
entitled to receive an amount equal to the sums
deducted from the
member's salary and credited to
the member's account in the fund,
except that a member receiving a
disability benefit or service
pension is not entitled to receive any return of
contributions to
the fund. (H) On and after January 1, 1970, all pensions shall be
increased in accordance with the following provisions: (1) A member of the fund who retired prior to January 1,
1967, has attained age sixty-five on January 1, 1970, and was
receiving a pension on December 31, 1969, pursuant to division
(B)
or (C)(1) of this section
or former division (C)(2), (3), (4), or
(5) of this section,
shall have the pension increased by ten per
cent. (2) The monthly pension payable to eligible surviving
spouses under division (D) of this section shall be increased by
forty dollars for each surviving spouse receiving a pension on
December 31, 1969. (3) The monthly pension payable to each eligible child
under
division (E) of this section shall be increased by ten
dollars for
each child receiving a pension on December 31, 1969. (4) The monthly pension payable to each eligible dependent
parent under division (F) of this section shall be increased by
thirty dollars for each parent receiving a pension on December
31,
1969. (5) A member of the fund, including a survivor of a
member,
who is receiving a pension in accordance with the rules
governing
the granting of pensions and benefits in force on April
1, 1947,
that provide an increase in the original pension
from
time to time
pursuant to changes in the salaries of active
members, shall not
be eligible for the benefits provided in this
division. (I) On and after January 1, 1977, a member of the fund who
was receiving a pension or benefit on December 31, 1973, under
division (A), (B), (C)(1), or former division
(C)(2) or (7) of
this section shall have
the pension or benefit increased as
follows: (1) If the member's annual pension or benefit is less than
two
thousand seven hundred dollars, it shall be increased to three
thousand dollars. (2) If the member's annual pension or benefit is two
thousand seven
hundred dollars or more, it shall be increased by
three hundred
dollars. The following shall not be eligible to receive increased
pensions or benefits as provided in this division: (a) A member of the fund who is receiving a pension or
benefit in accordance with the rules in force on April 1, 1947,
governing the granting of pensions and benefits, which provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members; (b) A member of the fund who is receiving a pension or
benefit under division (A) or (B) of this section, based on
funded
volunteer or funded part-time service, or off-duty
disability, or
partial on-duty disability, or early vested
service; (c) A member of the fund who is receiving a pension under
division (C)(1) of this section, based on funded volunteer or
funded part-time service. (J) On and after July 1, 1977, a member of the fund who
was
receiving an annual pension or benefit on December 31, 1973,
pursuant to division (B) of this section, based upon partial
disability, off-duty disability, or early vested service, or
pursuant to former division (C)(3), (5), or (6) of this section,
shall
have such annual pension or benefit increased by three
hundred
dollars. The following are not eligible to receive the increase
provided by this division: (1) A member of the fund who is receiving a pension or
benefit in accordance with the rules in force on April 1, 1947,
governing the granting of pensions and benefits, which provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members; (2) A member of the fund who is receiving a pension or
benefit under division (B) or (C)(2) of this section or
former
division (C)(3), (5), or (6) of
this section based on volunteer or
part-time service. (K)(1) Except as otherwise provided in this division,
every
person who on July 24, 1986, is receiving an age and
service or
disability pension, allowance, or benefit pursuant to
this chapter
in an amount less than thirteen thousand dollars a
year that is
based upon an award made effective prior to February
28, 1984,
shall receive an increase of six hundred dollars a year
or the
amount necessary to increase the pension or benefit to
four
thousand two hundred dollars after all adjustments required
by
this section, whichever is greater. (2) Division (K)(1) of this section does not apply to the
following: (a) A member of the fund who is receiving a pension or
benefit in accordance with rules in force on April 1, 1947, that
govern the granting of pensions and benefits and that provide an
increase in the original pension or benefit from time to time
pursuant to changes in the salaries of active members; (b) A member of the fund who is receiving a pension or
benefit based on funded volunteer or funded part-time service. (L) On and after July 24, 1986: (1) The pension of each person receiving a pension under
division (D) of this section on July 24, 1986, shall be increased
to three hundred ten dollars per month. (2) The pension of each person receiving a pension under
division (E) of this section on July 24, 1986, shall be increased
to ninety-three dollars per month.
Sec. 742.3716. (A) As used in this section: (1) "Eligible person" means a person who meets all of the
following conditions: (a) Has been receiving a pension or benefit under this
chapter for one year or more based on an award made on or after
July 24, 1986; (b) Has not made the election provided for in division (B)
of this section; (c) Is not the spouse or survivor of a person who has made
the election provided for in division (B) of this section; (d) Is receiving a benefit in accordance with division
(A),
(B), or (C) of section 742.37,
division (C)(2), (3), (4), or (5)
of former section
742.37, section 742.3711, or section 742.39 of
the Revised Code. (2) "Recalculated average annual salary" means the highest
average annual compensation of a member of the Ohio police and
fire pension fund during any three
years of
contributions,
including amounts included in terminal pay
attributable to such
three years, determined by dividing the
member's total earnings as
an employee during such years by
three. (B)(1) Notwithstanding section 742.37 or 742.39 of the
Revised Code,
a member of the fund who is not receiving a pension
or benefit
under this chapter and who on January 1, 1989, has
completed
fifteen or more years of active service in a police or
fire
department may elect to have any future benefit or pension
paid
to the member or the member's spouse or
survivors under this
chapter calculated
on the basis of the member's recalculated
average annual
salary rather
than the member's average annual
salary. The election shall
be made by
the member prior to or at
the time of making an election under
section 742.3711 of the
Revised Code.
This division does not apply to a member of the fund
who has elected to participate in the deferred retirement option
plan established under section 742.43 of the Revised Code. (2) If the member eligible to make the election under
division (B)(1) of this section dies prior to making the election
and at the time of death is eligible to retire and receive a
pension or benefit under division (C)(1) or (3) of section
742.37
of the Revised Code, the person entitled to receive a benefit
under section 742.3714 of the Revised Code may make the election
provided for in division (B)(1) of this section. (3) The election under division (B)(1) or (2) of this
section shall be made on forms provided by the trustees of the
fund. Once received by the fund, the election shall be
irrevocable and shall bind the member and any other person who
receives a pension or benefit based on the member's service. No
person who receives a pension or benefit calculated in accordance
with division (B) of this section is eligible to receive a
cost-of-living allowance under this section. If the person
making
the election receives a benefit under section 742.3714 of
the
Revised Code, that person is not eligible to receive a
cost-of-living allowance under section 742.3711 of the Revised
Code. (C)(1) On or before the fifteenth day of April of each year,
the
board of trustees of the Ohio police and fire
pension fund
shall determine the average percentage change in the
consumer
price index prepared by the United States bureau of
labor
statistics (U.S. City Average for Urban Wage Earners and
Clerical
Workers: "All Items 1982-84=100") for the
twelve-month
period
prior to the first day of January over the next preceding
twelve-calendar-month period, as reported by the bureau. Upon a
determination by the board that such change is an
increase or that
the change plus the accumulation
described in division (C)(2) of
this section is an increase, the
board shall increase all benefits
payable to eligible persons by a percentage equal to
the
percentage increase in the consumer price index or to that
increase plus
the accumulation, except that the increase shall not
exceed three per
cent and no
benefit shall exceed the limit
established by section 415 of the
"Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. 415,
as amended. (2) Any percentage of change in the consumer price index in
any
year that is in excess of three per cent shall be accumulated
and
used to determine increases under this
section in succeeding
years. Any percentage of
change in the consumer price index
accumulated by an
eligible person prior to
September 27, 1996,
shall be used in
determining any future increases under this
section. The
first additional benefit is payable to all eligible
persons who on July 1, 1988, have been receiving a pension or
benefit for twelve months or longer. The additional benefit is
payable for the ensuing twelve-month period or until the next
increase is granted under this section, whichever is later. The date of the first additional benefit paid under this
section shall be the anniversary date for future additional
benefits. The pension or benefit used in the first calculation
of
an additional benefit under this section shall remain as the
base
for all future additional benefits paid under this section,
unless
a new base is established by law. (3) Additional benefits paid in years subsequent to the year
of
the first additional benefit paid under this section shall be
paid to all eligible persons who, on the date that the additional
benefit is authorized by the board, have been receiving a pension
or benefit for twelve months.
Sec. 742.43. The board of trustees of the Ohio police and
fire pension fund shall establish and administer a deferred
retirement option plan if the board receives from the internal
revenue service a determination letter indicating that the plan
meets the requirements of section 401(a) of the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 401(a), as amended,
applicable to governmental plans. In establishing and administering the plan, the board shall
comply with sections 742.44 to 742.446 of the Revised Code and may
do all things necessary to meet the requirements of section 401(a)
of the "Internal Revenue Code of 1986," as amended, applicable to
governmental plans. The board shall adopt rules to implement this section and
sections 742.44 to 742.446 of the Revised Code.
The rules shall
specify the date of initial implementation of the plan established
under this section. The rules may also specify a period during
which an election made under section 742.44 of the Revised Code
may be rescinded.
Sec. 742.44. Except as provided in section 742.14 of the
Revised Code, at any time prior to filing an application
for
retirement under division (C)(1) of section 742.37 of the
Revised
Code, a member who is eligible to retire under that
division
may
elect to participate in the deferred retirement
option plan
established under section 742.43 of the Revised Code. To make an election, an eligible member shall complete and
submit to the Ohio police and fire pension fund a form prescribed
by the fund. At this time the member may, but is not required to,
elect under section 742.3711 of the Revised Code to have the
member's monthly pension calculated as a retirement allowance
payable throughout the member's life or a retirement allowance
that continues to a surviving beneficiary. Unless rescinded
during a period specified in rules adopted under section 742.43 of
the Revised Code, the election is irrevocable from the date it
is
received by the fund until the employee ceases to participate
in
the plan as provided in section 742.444 of the Revised Code. A member is not required to specify the number of years or
portion of a year the member will participate in the
plan but
must
agree to terminate active service in a police or
fire
department
and begin receiving the member's pension not later
than the date
that is eight years after the effective date of the
election to
participate in the plan or be subject to the forfeiture provisions
of division (C) of section 742.444 of the Revised Code. The effective date of an election made under this section is
the first day of the employer's first payroll period immediately
following the board's receipt of the notice of election.
Sec. 742.441. A member who makes an election under section
742.44 of the Revised Code shall continue in the active service of
a police or fire department but shall not earn service credit
under this chapter for employment after the election's effective
date. While the member is in the active service of a police or
fire department, the member shall contribute to the Ohio
police
and fire pension fund in accordance with section 742.31 of the
Revised Code and the employer shall contribute and report in
accordance with either section 742.33 or 742.34 of the Revised
Code. Neither the member nor the member's spouse and dependents
are eligible for benefits under section 742.45 of the Revised Code
while the member is participating in the deferred retirement
option plan.
Sec. 742.442. For each member who elects to participate in
the
deferred retirement option plan, the Ohio police and fire
pension
fund shall determine under division (C)(1) of section
742.37 of
the Revised Code the monthly pension amount that would
be payable
to the member had the member elected to receive a
pension under that division. In determining the pension
amount,
the fund shall use the member's total service credit and
average
annual salary as of the last day of the employer's payroll period
immediately prior to the member's
election to participate in the
plan. The pension amount shall be calculated as a retirement
allowance payable for the member's life, except that, if at the
time of electing to participate in the plan the member selected
another plan of payment, the pension shall be calculated using the
plan of payment selected. A member who participates in the plan is not eligible to
make
an election under division (B) of section 742.3716 of the
Revised
Code.
Sec. 742.443. (A) During the period beginning on the
effective date of an
election to participate in the deferred
retirement option plan and
ending on the date
participation
ceases,
a member's monthly pension
amount determined under section
742.442
of the Revised Code shall
accrue to the member's benefit.
To this
amount shall be added
any benefit increases the member
would be
eligible for
under
division (C) of section 742.3716 of
the Revised
Code had the
member, on the effective date of the
member's
election,
retired
under division (C)(1) of section 742.37
of the
Revised
Code. (B)(1) The amounts
contributed under section 742.31 of the
Revised
Code by a member participating in
the deferred retirement
option plan shall accrue to the member's benefit as follows: (a) During the period beginning on the first day of the
first payroll period after the election's effective
date and
ending on the earlier of the date that is two years
thereafter or
the date the member ceases participation in the
plan, fifty per
cent of the member's contributions for that
period; (b) During the period beginning on the date that is two
years and one day after accruals begin under this division and
ending
on the earlier of the date that is three years thereafter
or the date the member ceases
participation in the plan,
seventy-five per cent of the member's
contributions for that
period; (c) During the period beginning on the date that is three
years and one day after accruals begin under this section and
ending
on the date the member ceases participation in the plan,
one
hundred per cent of the member's contributions for that
period. (2) The Ohio police and fire pension fund shall credit the
portion of a member's
contributions that are not accrued to the
member's benefit under division (B)(1) of this section to the
police officers' contribution fund or firefighters' contribution
fund, as appropriate. (C) During the period beginning on the election's effective
date and ending on the date the member ceases participation in
the
plan, the amounts described in divisions (A) and (B)(1) of
this
section shall earn interest at an annual rate established by the
board of trustees of the fund and compounded annually using a
method established by rule adopted under section 742.43 of the
Revised Code.
Sec. 742.444. (A) A member's participation in the
deferred
retirement option plan ceases on the occurrence of the
earliest of
the following: (1) Termination of the member's active service in a police
or
fire department; (2) The last day of the eight-year period that begins on the
effective date of the member's election to participate in the
plan; (3) Acceptance by the member of a disability benefit
awarded
by the board of trustees of the Ohio police and fire
pension fund,
unless the acceptance is revoked by the member in accordance with
rules adopted by the board; (B) If a member terminates active service in a police or
fire department not later than eight years after the effective
date of the member's election to participate in the plan, all of
the following apply: (1) The member shall notify the Ohio police and fire
pension
fund of the date of termination on a form prescribed by
the fund.
The member is not eligible to make another election
under
section
742.44 of the Revised Code. (2) If the member's termination of active service occurs
on
or after the date that is the first day of the fourth year after
the effective date of the election to
participate in the plan, the
entire amount that has accrued
to the
member's benefit under the
deferred retirement option plan
shall
be distributed to the member
pursuant to the member's
selection
under division (B)(3) of this
section. If the
termination of
active service occurs before the
date that is four years after
the effective
date of the election
to participate, the member
shall forfeit the
total amount of the
interest credited under
division (C) of
section 742.443 of the
Revised Code. (3) The member shall select one of the following as the
method of distribution of the amount to be distributed to the
member: (b) Periodic payments as determined by the board. The fund shall retain amounts accrued to the benefit of a
member under the plan until a form specifying the method of
distribution selected is filed with the fund by the member or an
authorized representative of the member. The board shall afford a member who selects periodic
payments
the opportunity at least once during each calendar year
to change
the member's selection. (4) Distribution of the amount accrued to a member's benefit
under the deferred retirement option plan shall not commence
until
the date that is the first day of the fourth year after the
effective date of the
election. (5) The member shall select a plan of payment under section
742.3711 of the Revised Code for the pension payable to the member
under division (C) of section 742.37 of the Revised Code, unless
the member selected a plan of payment at the time of electing to
participate in the plan. The pension shall commence
on the first
day of the second month following the date the
employee ceases to
participate in the plan. (C) If, at the end of the eight-year period that begins on
the effective date of a member's election to participate in
the
plan, the member has failed to terminate active service in a
police or fire department, all of the following apply: (1) No further amounts shall accrue to the member's benefit,
and the member shall forfeit all amounts that have accrued to the
member's benefit under section 742.443 of the Revised Code. The
amounts forfeited shall be treated as if the member had continued
in
the active service of a police or fire department and not
elected
to participate in the plan. (2) The member shall be granted service credit for the
period
the member was participating in the plan, and when the
member's
pension is calculated under section 742.37 of the
Revised Code,
the calculation shall be made as though the member
had never
participated in the plan. (3) Further contributions, and service credit for those
contributions, shall be credited as provided in sections 742.31
through 742.34 of the Revised Code.
Sec. 742.445. If a member ceases participation in the
deferred retirement option plan due to acceptance by the member
of
a disability benefit awarded by the board of trustees of the
Ohio
police and fire pension fund, both of the following apply: (A) The member shall forfeit all amounts that have accrued
under section 742.443 of the Revised Code to the
member's benefit
under the deferred retirement option plan, and
those amounts
shall
be treated as if the member had continued in
the active
service of
a police or fire department and not participated in the
plan. (B) The member shall be granted service credit for the
period the member was participating in the plan.
Sec. 742.446. (A) As used in this section, "killed in the
line of duty" has the same meaning as in section 742.63 of the
Revised Code. (B) If a member dies while participating in the deferred
option retirement plan, all of the following apply: (1) The amounts accrued to the member's benefit shall be
paid to the member's surviving spouse or, if there is no
surviving
spouse, the beneficiary designated by the member on a
form
provided by the Ohio police and fire pension fund. If there
is no
surviving spouse or designated beneficiary, the amounts
accrued to
the member's benefit shall be paid to the member's
estate. A
surviving spouse or designated beneficiary may select a
method of
distribution described in division (B)(3) of section
742.444 of
the Revised Code. Any amount payable to the member's
estate shall
be paid in a single payment. (2) The surviving spouse shall receive a pension or benefit
determined under division (D) of section 742.37 of the Revised
Code and, if the member was killed in the line of duty, division
(F) of section 742.63 of the Revised Code. (3) If eligible, each surviving child shall receive a
pension or benefit determined under division (E) of section 742.37
of the Revised Code and, if the member was killed in the line of
duty, division (G) of section 742.63 of the Revised Code. (4) If the member has no surviving spouse or surviving
children, but has a parent or parents dependent on the member
for
support, the parent or parents shall receive a pension or
benefit
determined under division (F) of section 742.37 of the
Revised
Code and, if the member was killed in the line of duty,
division
(E) of section 742.63 of the Revised Code. (5) The member's surviving spouse or contingent dependent
beneficiary shall receive a retirement allowance under section
742.3714 of the Revised Code. (C) A pension, benefit, or allowance described in division
(B) of this section is effective on the first day of the
month
after the member's date of death.
Payments shall not commence
until the board receives any documentation it requires pursuant to
rules adopted by the board.
Sec. 742.447. On receipt of written notice under division (B)
of section 742.444 of the Revised Code of a member's termination
of active service, the Ohio police and fire pension fund shall
request from the employer verification of the member's termination
date and any other information the fund determines necessary to
calculate and pay a pension under that division. The
verification
of termination shall be filed in accordance with
section 742.351
of the Revised Code.
Sec. 742.46. The granting of a benefit or pension to any
person under
sections 742.01 to 742.61 of the Revised
Code,
other
than a person participating in the deferred retirement option plan
established under section 742.43 of the Revised Code, vests a
right in
such person to obtain and receive the amount of such
benefit or pension
granted to the person subject to sections
742.01 to
742.61 of the Revised Code.
Subject to section 742.444
of the Revised Code, a person participating in
the deferred
retirement option plan vests in the right to obtain
and receive
the amount accrued to the benefit of the
person when the person
ceases participating in the plan. Such right may be enforced by an action in mandamus
instituted in the court of
common pleas in the county in which the
person granted such benefit or pension
resides.
Sec. 742.63. The board of trustees of the Ohio police and
fire pension fund shall adopt rules for the
management of the Ohio
public safety officers death benefit fund and
for disbursements of
benefits as set forth in this section. (A) As used in this section: (1)
"Member" means a member of the Ohio police and fire
pension fund or the state highway patrol
retirement system, or a
member of the public employees retirement
system who at the time
of the member's death was a county sheriff
or deputy sheriff, a
full-time regular police officer in a municipal
corporation or
township, a full-time regular firefighter
employed by
the state,
an instrumentality of the state, a municipal
corporation, a
township, a joint fire district, or another political
subdivision,
a full-time park district ranger or patrol trooper,
a full-time
law enforcement officer of the department of natural
resources, a
full-time
department of public safety enforcement agent, a
full-time law
enforcement
officer
of parks, waterway lands, or
reservoir lands under the control of
a municipal corporation, a
full-time law enforcement officer of a
conservancy district, a
correction officer at an institution
under the control of a
county, a group of counties, a municipal
corporation, or the
department of rehabilitation and correction,
a state university
law enforcement officer, or a member of a
retirement system
operated by a municipal corporation who at the
time of death was a
full-time law enforcement officer of
parks, waterway lands, or
reservoir lands under the control of
the municipal corporation.
"Member" includes a member of the Ohio police and fire pension
fund who has elected to
participate in the deferred retirement
option plan established
under section 742.43 of the Revised Code. (2) Notwithstanding section 742.01 of the Revised Code,
"fire or police department" includes a fire department of the
state or an instrumentality of the state or of a municipal
corporation, township, joint fire district, or other political
subdivision, the state highway patrol, a county sheriff's office,
the security force of an institution under the control of the
department of rehabilitation and correction, the security force
of
a jail or workhouse under the control of a county, group of
counties, or municipal corporation, the security force of a
metropolitan, county, or township park district, the security
force of lands under the control of the department of natural
resources,
department of public safety enforcement agents, the
security force of
parks,
waterway lands, or reservoir lands under
the control of a
municipal corporation, the security force of a
conservancy
district, the police department of a township or
municipal
corporation, and the police force of a state university. (3)
"Firefighter or police
officer" includes a state highway
patrol
trooper, a county sheriff or deputy sheriff, a correction
officer
at an institution under the control of a county, a group
of
counties, a municipal corporation, or the department of
rehabilitation and correction, a police officer
employed by a
township
or municipal corporation, a firefighter employed by the
state, an
instrumentality of the state, a municipal corporation, a
township,
a joint fire district, or another political subdivision,
a full-time
park district ranger or patrol trooper, a full-time
law enforcement
officer of the department of natural resources, a
full-time
department of public safety
enforcement agent, a
full-time law enforcement officer of parks, waterway lands, or
reservoir lands under the control of a municipal corporation, a
full-time law enforcement officer of a conservancy district, and
a
state university law enforcement officer. (4)
"Correction officer" includes, in addition to any
correction officer, any correction corporal, sergeant,
lieutenant,
or captain, and the equivalents of all such persons. (5)
"A park district ranger or patrol trooper" means
a peace
officer commissioned to make arrests, execute warrants, and
preserve the peace upon lands under the control of a board of
park
commissioners of a metropolitan, county, or township park
district. (6)
"Metropolitan, county, or township park district"
means a
park district created under the authority of Chapter 511.
or 1545.
of the Revised Code. (7)
"Conservancy district" means a conservancy district
created under the authority of Chapter 6101. of the Revised Code. (8)
"Law enforcement officer" means an officer
commissioned
to make arrests, execute warrants, and preserve the
peace upon
lands under the control of the governmental entity
granting the
commission. (9)
"Department of natural resources law enforcement
officer"
includes a forest officer designated pursuant to section
1503.29
of the Revised Code, a preserve officer designated
pursuant to
section 1517.10 of the Revised Code, a wildlife officer
designated
pursuant to section 1531.13 of the Revised Code, a
park officer
designated pursuant to section 1541.10 of the
Revised Code, and a
state watercraft officer designated pursuant
to section 1547.521
of the Revised Code. (10)
"Retirement eligibility date" means the last day of
the
month in which a deceased member would have first become
eligible,
had the member lived, for the retirement pension provided under
section 145.33, division (C)(1) of section 742.37, or division
(A)(1) of section 5505.17 of the Revised Code or provided by a
retirement system operated by a municipal corporation. (11)
"Death benefit amount" means an amount equal to the full
monthly salary received by a deceased member prior to death, minus
an amount
equal to the benefit received under section 145.45,
742.37, 742.3714, or
5505.17 of the Revised Code or the benefit
received from a retirement system operated by a
municipal
corporation, plus any increases in salary that would have been
granted the deceased member. (12)
"Killed in the line of duty" means either of the
following: (a) Death in the line of duty; (b) Death from injury sustained in the line
of duty,
including heart attack or other fatal injury or illness caused
while
in the line of duty. (B) A spouse of a deceased member shall receive a death
benefit each month equal to the full death benefit amount,
provided that
the deceased member was a firefighter or police
officer
killed in the line of duty and there are no surviving
children eligible for a benefit under this section. The spouse
shall
receive this benefit during the spouse's
natural life until
the deceased member's
retirement eligibility date, on which
date
the benefit provided under this division shall terminate. (C)(1) If a member killed in the line of duty as a
firefighter or police
officer is
survived only by a child or
children, the child or children
shall receive a benefit each month
equal to the full death benefit
amount. If there is more than one
surviving
child, the
benefit shall be divided equally among these
children.
(2) If the death benefit paid under this division is divided
among two or
more surviving children and any of the children
become ineligible to continue
receiving a portion of the benefit
as provided in division (H) of
this section, the full death
benefit amount shall be paid to the remaining
eligible child or
divided among the eligible children so that the benefit paid
to
the remaining eligible child or children equals the full death
benefit
amount. (3) Notwithstanding divisions (C)(1)
and (2) of this
section, all
death benefits paid under this division shall
terminate on the
deceased member's retirement eligibility date. (D) If a member killed in the line of duty as a
firefighter
or police officer is survived by both a spouse and a
child or
children, the monthly benefit provided shall be as
follows: (1)(a) If there is a surviving spouse and one surviving
child, the spouse shall receive an amount
each month equal to
one-half of
the full death benefit amount and the
child shall
receive an amount equal to one-half of the
full death benefit
amount. (b) If the surviving spouse dies or the
child becomes
ineligible as provided in division (H) of this section, the
surviving
spouse or child remaining eligible shall receive the
full death benefit
amount. (2)(a) If there is a surviving spouse and more than one
child, the spouse shall receive an amount
each month equal to
one-third of
the full death benefit amount and the
children shall
receive an amount, equally divided among them,
equal to two-thirds
of the full death benefit amount. (b) If a spouse and more than one child each are receiving a
death benefit under division (D)(2)(a) of this
section and the
spouse dies, the children shall receive an amount each
month,
equally
divided among them, equal to the full death benefit
amount. (c) If a spouse and more than one child each are receiving a
benefit under division (D)(2)(a) of this section and
any of the
children becomes ineligible to receive a benefit as provided in
division (H) of this section, the spouse and remaining eligible
child
or children shall receive a death benefit as follows: (i) If there are two or more remaining eligible children,
the
spouse shall receive an amount each month equal to one-third
of the full death
benefit amount and the children shall receive an
amount each month, equally
divided among them, equal to two-thirds
of the full death benefit amount; (ii) If there is one remaining eligible child, the spouse
shall
receive an amount each month equal to one-half of the full
death benefit
amount, and the child shall receive an amount each
month equal to one-half of
the full death benefit amount. (d) If a spouse and more than one child each are receiving a
benefit under division (D)(2)(a) of this section and
all of the
children become ineligible to receive a benefit as provided in
division (H) of this section, the spouse shall receive the full
death
benefit amount. (3) Notwithstanding divisions (D)(1) and (2) of this
section, death benefits paid under this division to a surviving
spouse shall terminate on the member's
retirement
eligibility
date. Death benefits paid
to a surviving child or children shall
terminate on the deceased
member's retirement eligibility date
unless earlier terminated
pursuant to division (H) of this
section. (E) If a member, on or after January 1, 1980, is
killed in
the
line of duty as a firefighter or police officer and is
survived by
only a parent or parents
dependent upon the member for
support, the
parent or parents shall
receive an amount each month
equal to the full
death benefit amount. If there
is more than one
surviving parent dependent upon the deceased
member for support,
the death benefit amount shall
be divided equally among the
surviving parents. On the death of one of the
surviving parents,
the full death benefit amount shall be paid to the other
parent. (F) A surviving spouse whose benefits are terminated in
accordance with division (B) or (D)(3) of this section on the
deceased member's retirement eligibility date, or who would
qualify for a benefit under division (B) or (D) of this section
except that the deceased member reached the member's retirement
eligibility date prior to the member's death, shall receive a
monthly
death benefit under this division. The monthly death
benefit
shall be one-half of an amount equal to the monthly salary
received by the deceased member prior to the member's death, plus
any salary increases the deceased member would
have received prior
to
the member's
retirement eligibility date. The benefit shall
terminate on the
surviving spouse's death. A death benefit
payable
under
this division shall be reduced by an amount equal to
any
allowance or benefit payable to the surviving spouse under
section 742.3714 of the Revised Code. (G)(1) If there is not
a surviving spouse
eligible to
receive a death benefit under division (F) of this
section or the
surviving spouse
receiving a death benefit under that division
dies,
a surviving
child or children whose benefits under division
(C) or (D) of this section
are or have been terminated pursuant to
division
(C)(3) or (D)(3) of this
section or who would qualify for
a benefit under division (C) or
(D) of this section except that
the deceased member reached the member's
retirement eligibility
date prior to the member's death shall receive a
monthly death
benefit under this division. The monthly death
benefit shall be
one-half of an amount equal to the monthly
salary received by the
deceased member prior to the member's death,
plus any salary
increases the member would have
received prior to
the member's
retirement eligibility date. If there is more than one surviving
child, the benefit shall be divided equally among the surviving
children. (2) If two or more surviving children each are receiving a
benefit under this division and any of those children becomes
ineligible to
continue receiving a benefit as provided in division
(H) of this
section, the remaining eligible child or children
shall receive an amount
equal to one-half of the monthly salary
received by the deceased member prior
to death, plus any salary
increases the deceased member would have received
prior to the
retirement eligibility date. If there is more than one remaining
eligible child, the benefit shall be divided equally among the
eligible
children. (3) A death benefit, or portion of a death benefit, payable
to
a surviving child under this division shall be reduced by an
amount equal to any allowance or benefit payable to that child
under section 742.3714 of the Revised Code, but the reduction in
that child's benefit shall not affect the amount payable to any
other surviving child entitled to a portion of the death benefit. (H) A death benefit
paid to a surviving child under division
(C), (D), or
(G) of this section shall terminate on the death of
the child or,
unless one of the following is the case, when the
child reaches age eighteen: (1) The child, because of physical or mental disability, is
unable to
provide the child's own support, in which case the death
benefit shall
terminate when the
disability is removed; (2) The child is unmarried, under age twenty-two, and 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 trustees of
the fund. (I) Acceptance of any death benefit under this section
does
not prohibit a spouse or child from receiving other benefits
provided under the Ohio police and fire pension
fund, the state
highway patrol retirement system, the public
employees retirement
system, or a retirement system operated by a
municipal
corporation. (J) No person shall receive a benefit under this section
if
any of the following occur: (1) The person fails to exercise the right to a monthly
survivor benefit under division (A) or (B) of section 145.45,
division (D), (E), or (F) of section 742.37, or division (A)(3),
(4), or (7) of section 5505.17 of the Revised Code; to a monthly
survivor benefit from a retirement system operated by a municipal
corporation; or to a retirement allowance under section 742.3714
of the Revised Code. (2) The member's accumulated contributions under this
chapter or Chapter
145. or 5505. of the Revised Code are refunded
unless the
member had been a member of the public employees
retirement
system and had fewer than eighteen months of total
service credit
at the time of death. (3) In the case of a full-time park district ranger or
patrol trooper, a full-time law enforcement officer of
the
department
of natural resources, a full-time law enforcement
officer of
parks, waterway lands, or reservoir lands under the
control of a
municipal corporation, a full-time law enforcement
officer of a
conservancy district, a correction officer at an
institution
under the control of a county, group of counties, or
municipal
corporation, or a member of a retirement system operated
by a
municipal corporation who at the time of the member's death
was a
full-time law enforcement officer of parks, waterway lands,
or
reservoir lands under the control of the municipal corporation,
the member died prior to April 9, 1981, in the case of a benefit
under division (B), (C), or (D) of this section, or prior to
January 1, 1980, in the case of a benefit under division (E) of
this section. (4) In the case of a full-time department of public safety
enforcement
agent who prior to June 30, 1999, was a liquor control
investigator of the
department of public safety, the member died
prior to December 23, 1986; (5) In the case of a full-time department of public safety
enforcement
agent other than an enforcement agent who, prior to
June 30,
1999, was a liquor control
investigator, the member died
prior to June 30, 1999. (K) A surviving spouse whose benefit was terminated prior to
the
effective date of this amendment
June 30, 1999,
due to
remarriage shall receive a benefit
under division (B), (D), or (F)
of this section
beginning on the first day of the month following
receipt by the board of an
application on a form provided by the
board. The benefit amount shall be
determined as of that date. (1) If the benefit will begin prior to the deceased member's
retirement
eligibility date, it shall be paid under division (B)
or (D)
of this section and shall terminate as provided in those
divisions. A benefit
paid to a surviving spouse under division
(D) of this section shall be
determined in accordance with that
division, even if benefits paid to
surviving children are reduced
as a result. (2) If the benefit will begin on or after the deceased
member's retirement
eligibility date, it shall be paid under
division (F) of this section
and shall terminate as provided in
that division. A benefit paid to a
surviving spouse under
division (F) of this section shall be
determined in accordance
with that division, even if benefits paid to
surviving children
are terminated as a result.
Section 2. That existing sections 742.03, 742.14, 742.351,
742.37, 742.3716, 742.43, 742.44,
742.46, and 742.63 of the
Revised
Code are hereby
repealed.
Section 3. Section 742.63 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Sub.
H.B. 222 and Am. Sub. H.B. 283 of the 123rd General Assembly,
with
the new language of neither of the acts shown in capital letters.
This is in recognition of the principle stated in division (B) of
section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect
prior to the effective date of this act.
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