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H. B. No. 449As IntroducedAs Introduced
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Seitz, Calvert, Collier, Carano, Aslanides, Webster, Setzer, Buehrer, Clancy, D. Evans, McGregor, Schneider, Gibbs, Slaby, Allen
A BILL
To amend sections 145.384 and 145.385 of the Revised Code to allow a retirant re-employed in a position covered by the Public Employees Retirement System to receive a refund of the retirant's contributions in lieu of a benefit for the period of re-employment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.384 and 145.385 of the Revised Code be amended to read as follows:
Sec. 145.384. (A) As used in this section, "PERS retirant"
means
a
PERS retirant who is not subject to division (C) of
section
145.38 of the Revised Code. For purposes of this section,
"PERS
retirant"
also includes
both of the following: (1) A member who retired under section 145.383 of
the Revised
Code; (2) A retirant whose retirement allowance resumed under
section 145.385 of the Revised Code. (B)(1) An other system retirant or PERS retirant who has
made
contributions under section 145.38 or 145.383 of the Revised
Code
or, in the case of a retirant described in division (A)(2) of
this
section, section 145.47 of the Revised Code may file an
application with the public employees retirement
system for to receive either a
benefit under, as provided in division (B)(2) of this section, or payment of the retirant's contributions made under those sections, as provided in division (H) of
this section. The (2) A
benefit under this section shall
consist of
an
annuity
having
a reserve equal to the
amount of the
retirant's
accumulated
contributions for the period
of employment,
other than
the
contributions
excluded pursuant to
division
(B)(4)(a) or
(b)
of
section 145.38 of the Revised Code,
and an
equal amount of
the
employer's contributions. The (a) Unless the application is accompanied by a statement of the spouse's consent to another form of payment, a PERS retirant or other system retirant who is married at the time of application for a benefit under this section shall receive the benefit as a monthly annuity under which the actuarial equivalent of the retirant's single life annuity is paid in a lesser amount for life and one-half of the lesser amount continues after the retirant's death to the surviving spouse. (b) A PERS
retirant
or other system
retirant who is not subject to division (B)(2)(a) of this section shall elect either to receive
the benefit
as a monthly
annuity
or a lump sum payment
discounted to
the
present
value
using the current actuarial
assumption rate of
interest,
except
that if the monthly annuity
would be less
than
twenty-five
dollars
per month, the retirant
shall receive a
lump
sum payment.
A
retirant who elects to receive
a monthly annuity
shall select
one
of the following as the plan of
payment: (1)(i) The retirant's single life annuity;
(2)(ii) The actuarial equivalent of the retirant's single life
annuity in a an equal or lesser amount for life and continuing after death to
a surviving beneficiary designated at the time the plan of payment
is selected.
If a retirant who is eligible to select a plan of payment under division (B)(2)(b) of this section fails to do so, the benefit shall be paid as a monthly annuity under the plan of payment specified in rules adopted by the public employees retirement board.
(c) Notwithstanding divisions (B)(2)(a) and (b) of this section, if a monthly annuity would be less than twenty-five dollars per month, the retirant shall receive a lump sum payment. (C)(1) The death of a spouse or other designated
beneficiary
following selection of under a plan of payment under described in
division (B)(2) of
this section cancels that plan of payment. The
PERS retirant or
other system retirant shall receive the
equivalent of the
retirant's single life annuity, as determined by
the public
employees retirement board, effective the first day of
the month
following receipt by the board of notice of the death. (2) On divorce, annulment, or marriage dissolution, a PERS
retirant or other system retirant receiving a benefit under described in
division (B)(2) of this section under which the beneficiary is the
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 the member's retirant's single life annuity as determined by the
retirement 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. (D) Following a marriage or remarriage, a PERS retirant or
other system retirant who is receiving a benefit under described in division
(B)(1)(2)(b)(i) of this section may elect a new plan of payment under division (B)(2)(b) of this
section based on the actuarial equivalent of the retirant's single
life annuity as determined by the board. The plan shall be
effective the first day of the month following receipt by the
board of an application on a form approved by the board. (E) A benefit payable under division (B)(2) of this section shall commence
on
the latest of the following: (1) The last day for which compensation for all employment
subject to section 145.38, 145.383, or 145.385 of the Revised
Code
was paid; (2) Attainment by the PERS retirant or other system
retirant
of age sixty-five; (3) If the PERS retirant or other system retirant was
previously employed under section 145.38, 145.383, or 145.385
of
the Revised
Code and is receiving or
previously received a
benefit
under this
section, completion of
a period of twelve
months since
the
effective date of the last
benefit under this
section. (F)(1) If a PERS retirant or other system retirant
dies
while employed in employment subject to section 145.38,
145.383,
or 145.385
of the Revised Code, a lump
sum payment
calculated in
accordance
with division
(B)(2) of this
section
shall be paid to the
retirant's
beneficiary under
division
(G)
of this section. (2) If at the time of death a PERS retirant or other
system
retirant receiving a monthly annuity has received less
than the
retirant would have received as a lump sum payment,
the difference
between the amount received and the amount that
would have been
received as a lump sum payment shall be paid to
the retirant's
beneficiary under division
(G) of this
section. (3) If a beneficiary receiving a monthly annuity under division (B)(2) of this section dies and, at the time of the beneficiary's death, the total of the amounts paid to the retirant and beneficiary are less than the amount the retirant would have received as a lump sum payment, the difference between the total of the amounts received by the retirant and beneficiary and the amount that the retirant would have been received as a lump sum payment shall be paid to the beneficiary's estate. (G) A PERS retirant or other system retirant employed
under
section 145.38, 145.383, or 145.385 of the Revised Code
may
designate
one or
more persons as
beneficiary to receive any
benefits payable
under division (B)(2)(b) of
this section
due to death. The designation
shall be in
writing
duly
executed on a form provided by the public
employees
retirement
board, signed by the PERS retirant or other
system
retirant, and
filed with the board prior to death. The
last
designation of
a beneficiary revokes all previous
designations.
The PERS
retirant's or other system retirant's
marriage, divorce,
marriage
dissolution, legal separation,
withdrawal of account,
birth of
a child, or adoption of a child
revokes all previous
designations. If there is no designated
beneficiary, the
beneficiary is the beneficiary determined under
division (D) of
section 145.43 of the Revised Code. If any
benefit payable under
this section due to the death of a PERS
retirant or other system
retirant is not claimed by a beneficiary
within five years after
the death, the amount payable shall be
transferred to the income
fund and thereafter paid to the
beneficiary or the estate of the
PERS retirant or other system
retirant on application to the
board. (H)(1) A PERS retirant or other system retirant who applies under division (B)(1) of this section for payment of the retirant's contributions and is unmarried or includes with the application a statement of the spouse's consent to the payment shall be paid the contributions made under section 145.38 or 145.383 of the Revised Code or, in the case of a retirant described in division (A)(2) of this section, section 145.47 of the Revised Code, plus interest as provided in section 145.471 of the Revised Code, if the following conditions are met:
(a) The retirant has not attained sixty-five years of age and has terminated employment subject to section 145.38, 145.383, or 145.385 of the Revised Code for any cause other than death or the receipt of a benefit under this section.
(b) Three months have elapsed since the termination of the retirant's employment subject to section 145.38, 145.383, or 145.385 of the Revised Code, other than employment exempted from contribution pursuant to section 145.03 of the Revised Code.
(c) The retirant has not returned to public service, other than service exempted from contribution pursuant to section 145.03 of the Revised Code, during the three-month period. (2) Payment of a retirant's contributions cancels the retirant's right to a benefit under division (B)(2) of this section. (I) A statement of a spouse's consent under division (B)(2) of this section to the form of a benefit or under division (H) of this section to a payment of contributions is valid only if signed by the spouse and witnessed by a notary public. The board may waive the requirement of spousal consent if the spouse is incapacitated or cannot be located, or for any other reason specified by the board. Consent or waiver is effective only with regard to the spouse who is the subject of the consent or waiver. (J) No amount received under this section shall be
included
in
determining an additional benefit under section
145.323 of the
Revised Code or any other
post-retirement benefit
increase.
Sec. 145.385. (A) A PERS retirant who made an election under
former section 145.381 of the Revised Code under which the annuity
portion of the retirant's retirement allowance was suspended and
the pension portion forfeited may have the entire retirement
allowance resume by giving notice to the public employees
retirement system. The notice must be given not later than ninety
days after
the effective date of this section
October 1, 2002. (B) The retirement allowance shall resume on the first day
of
the month following receipt of notice by the retirement system. (C) The annuity portion of the retirement allowance that has
accumulated to the retirant's credit shall be paid as a single
payment on the first day of the month following receipt of notice
by the retirement system. (D) Contributions made by the retirant and employer during
the period of forfeiture and contributions made after the
retirement allowance resumes shall be left on deposit with the
system and, except in the case of a retirant who elects, under division (H) of section 145.384 of the Revised Code, to receive a payment of the retirant contributions, shall be used in the calculation of a benefit under section
145.384 of the Revised Code.
Section 2. That existing sections 145.384 and 145.385 of the Revised Code are hereby repealed.
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