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Am. S. B. No. 206 As Passed by the Senate
As Passed by the Senate
126th General Assembly | Regular Session | 2005-2006 |
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Senators Coughlin, Fedor, Armbruster, Hagan, Harris, Niehaus, Schuring, Spada, Kearney, Mumper, Fingerhut, Stivers
A BILL
To amend sections 742.63, 5505.12, and 5505.18 and to enact sections 5505.50 to 5505.59 of the Revised Code to provide for the establishment of the State Highway Patrol Retirement System deferred retirement option plan.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 742.63, 5505.12, and 5505.18 be amended and sections 5505.50, 5505.51, 5505.52, 5505.53, 5505.54, 5505.55, 5505.56, 5505.57, 5505.58, and 5505.59 of the Revised Code be enacted to read as follows:
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
all of the following: (a) A member of the Ohio police and fire
pension fund,
including 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 or
a
member of or contributor to a
police or firemen's relief and
pension fund established under
former Chapter 521. or 741. of the
Revised Code; (b) A member of the state highway patrol
retirement system, including a member who is participating in the deferred retirement option plan established under section 5505.50 of the Revised Code; (c) A member of the public employees retirement
system who at
the time of the member's death was
one of the following: (i) A county sheriff
or deputy sheriff; (ii) A full-time regular police officer in a municipal
corporation or township; (iii) 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; (iv) A full-time park district ranger or patrol trooper; (v) A full-time law enforcement officer of the department of
natural
resources; (vi) A full-time
department of public safety enforcement
agent; (vii) A full-time law
enforcement
officer
of parks, waterway
lands, or reservoir lands under the control of
a municipal
corporation; (viii) A full-time law enforcement officer of a
conservancy
district; (ix) 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; (x) A state university law enforcement officer. (d) 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. (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,
Chapter 521. or 741., 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)(1) The following shall receive a monthly death benefit
under this division: (a) 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; (b) A qualified surviving spouse of a deceased member of or
contributor
to a police or firemen's relief and pension fund
established under
former Chapter 521. or 741. of the Revised Code
who was a firefighter
or police officer killed in the line of
duty. (2) 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. (3) A benefit granted to a surviving spouse under division
(F)(1)(b) of this section shall commence on the first day of the
month immediately following receipt by the board of a completed
application on a form provided by the board and any evidence the
board may require to establish that the deceased spouse was killed
in the line of duty. (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
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.
Sec. 5505.12. (A) The state highway patrol retirement board
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
state highway patrol retirement
system as established pursuant to this
chapter. 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
contributing to the retirement system; (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 retirement
system 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 July
following the year for which the
valuation was made. (B) At such times as the state highway patrol
retirement
board determines, and at least once in each five-year
period after
January 1, 1966, 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,
retirants, and beneficiaries
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; (4) If the investigation required by this division includes the investigation required by division (F) of this section, a report of the result of that investigation. 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. (C) The board may at any time request the actuary to make
any studies or
actuarial valuations to
determine the adequacy of
the rates of contributions provided by
section 5505.15 of the
Revised Code. (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
retirement system. 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 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
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 5505.28 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
(B) of
section
5505.28 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 five-year 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 5505.50 of the Revised Code. The investigation shall include an examination of the financial impact, if any, on the retirement system 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 retirement system 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 retirement system, the board shall modify the plan. If the board modifies the plan, the rights and obligations of members who have already elected to participate shall not be altered.
The state's contributions to the employer accumulation fund shall not be increased to offset any negative financial impact of the deferred retirement option plan.
The board may include the actuarial investigation required under this division as part of the actuarial investigation required under division (B) of this section. If the report of the actuarial investigation required by this division is not included in the report required by division (B) of this section, the board shall submit the report required by this division 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.
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
health-care professional or
professionals appointed by the board. The
health-care
professional or
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 Except as provided under division (A) of section 5505.58 of the Revised Code, a member whose retirement on account of disability
incurred in the line of duty shall receive the applicable pension
provided for in section 5505.17 of the Revised Code, except that
if the member has less than twenty-five years of contributing
service, the member's service credit shall be deemed to be
twenty-five
years for the purpose of this provision. In no case
shall the
member's
disability pension be less than sixty-one and
one-quarter
per cent or exceed the
lesser of
seventy-nine and
one-quarter
per cent of
the member's
final average salary or the
limit established by section 415 of
the "Internal
Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A.
415, as
amended. (2) A Except as provided under division (B) of section 5505.58 of the Revised Code, a member whose retirement on account of disability
incurred not in the line of duty shall receive the applicable
pension provided for in section 5505.17 of the Revised Code,
except that if the member has less than twenty years of
contributing service, the member's service credit shall be
deemed
to be
twenty years for the purpose of this provision. In no case
shall
the member's disability pension exceed the lesser of
seventy-nine
and
one-quarter
per cent
of
the member's final
average salary or the limit
established by
section
415 of the
"Internal Revenue Code of 1986," 100 Stat.
2085, 26
U.S.C.A. 415,
as amended. (C) The state highway patrol retirement board shall adopt
rules requiring
a disability pension recipient, as a condition of
continuing to receive
a disability pension, to agree in writing to
obtain any medical
or psychological
treatment recommended by the
board's
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
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 sixty years shall be subject to
an annual
medical
or psychological re-examination by
health-care
professionals appointed by the board, except
that the board may
waive the
re-examination if the board's
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 sixty 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
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. 5505.50. The state highway patrol retirement board shall establish and administer a deferred retirement option plan. In establishing and administering the plan, the board shall comply with sections 5505.51 to 5505.59 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," (26 U.S.C. 401(a)) as amended, applicable to governmental plans.
The board shall adopt rules to implement this section and sections 5505.51 to 5505.59 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 5505.51 of the Revised Code may be rescinded.
Sec. 5505.51. A state highway patrol retirement system member who meets the following requirements may, at any time prior to applying for a pension under section 5505.16 of the Revised Code, elect to participate in the deferred retirement option plan established under section 5505.50 of the Revised Code: (1) The member is younger than fifty-eight years of age. (2) The member is eligible to apply for a pension under section 5505.16 of the Revised Code, unless the pension is a reduced pension as described in division (B) of that section. The member shall make the election by filing with the retirement system an election form provided by the system. The election is effective on the day the member files the election form.
At the time of making the election to participate in the deferred retirement option plan, the member also shall make an election under section 5505.162 of the Revised Code. Except as provided in that section, the election under section 5505.162 of the Revised Code is irrevocable from the date it is received by the retirement system.
A member electing to participate in the deferred retirement option plan must agree to terminate active service in the state highway patrol and begin receiving the member's pension not later than the earlier of the member's sixtieth birthday or the date that is eight years after the effective date of the election to participate in the plan. If the member refuses or neglects to terminate active service in accordance with the agreement, the state highway patrol retirement board shall deem the member's service terminated. A member electing to participate in the deferred retirement option plan is a retirant for the purposes of rules adopted by the state highway patrol retirement board.
Sec. 5505.52. (A) A member who makes an election under section 5505.51 of the Revised Code shall continue in the active service of the state highway patrol 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 the state highway patrol, the member shall contribute, and the state shall contribute and report, to the state highway patrol retirement system in accordance with section 5505.15 of the Revised Code.
On and after the effective date of the member's election to participate in the deferred retirement option plan, the member is ineligible to purchase service credit under this chapter. Neither the member nor the member's spouse and dependents are eligible for any benefit under section 5505.28 of the Revised Code while the member is participating in the deferred retirement option plan. (B) A member participating in the deferred retirement option plan is eligible to vote in elections for the retirant members of the state highway patrol retirement system board, but not eligible to vote in elections for the employee members of the board.
Sec. 5505.53. For each member who elects to participate in the deferred retirement option plan, the state highway patrol retirement system shall determine the member's pension amount under section 5505.17 of the Revised Code. In determining the pension amount, the retirement system shall use the member's total service credit and final average salary as of the last day of the employer's payroll period immediately prior to the effective date of the member's election to participate in the plan. The pension amount shall be calculated using the election made by the member under section 5505.162 of the Revised Code.
Sec. 5505.54. (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 5505.53 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 section 5505.174 of the Revised Code had the member, on the effective date of the member's election, retired under section 5505.16 of the Revised Code.
(B)(1) The amounts contributed under section 5505.15 of the Revised Code by a member participating in the deferred retirement option plan shall accrue to the member's benefit.
(2) The state highway patrol retirement system shall credit to the employer's accumulation fund the amounts contributed by the state under section 5505.15 of the Revised Code on behalf of a member participating in the deferred retirement option plan.
(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 state highway patrol retirement board and compounded annually using a method established by rule adopted under section 5505.50 of the Revised Code.
Sec. 5505.55. A member's participation in the deferred retirement option plan ceases on the occurrence of the earliest of the following:
(A) Termination of the member's active service in the state highway patrol;
(B) The last day of the eight-year period that begins on the effective date of the member's election to participate in the plan;
(C) The member's sixtieth birthday;
(D) Acceptance by the member of a disability benefit awarded by the state highway patrol retirement board under section 5505.18 of the Revised Code;
Sec. 5505.56. (A) A member participating in the deferred retirement option plan who terminates active service in the state highway patrol shall notify the state highway patrol retirement system of the date of termination on a form prescribed by the retirement system. The member is not eligible to make another election under section 5505.51 of the Revised Code.
(B)(1) With regard to a member who was younger than age fifty-two on the effective date of the election to participate in the plan, if the date of termination of the member's active service occurs on or after the first day of the fourth year after the effective date of the election, 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 section 5505.57 of the Revised Code.
If the date of termination occurs earlier than four years after the effective date of the election to participate, the member shall forfeit the interest credited under division (C) of section 5505.54 of the Revised Code.
(2) With regard to a member who, on the effective date of the election to participate in the plan, was age fifty-two or older, if the date of termination of the member's active service occurs on or after the first day of the third year after the effective date of the election, 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 section 5505.57 of the Revised Code.
If the termination of active service occurs earlier than three years after the effective date of the election to participate, the member shall forfeit the interest credited under division (C) of section 5505.54 of the Revised Code. (C) Once a member ceases participation in the deferred retirement option plan as described in division (A), (B), or (C) of section 5505.55 of the Revised Code, the member's monthly pension amount determined under section 5505.53 of the Revised Code shall be paid to the member, commencing the day following the member's last day of active service in the state highway patrol.
Sec. 5505.57. (A) On ceasing participation in the deferred retirement option plan as described in division (A), (B), or (C) of section 5505.55 of the Revised Code, a member shall select as the method of distribution of the amount accrued to the member under the plan one of the distribution options provided under section 401(a) of the "Internal Revenue Code of 1986," (26 U.S.C. 401(a)) as amended, applicable to governmental plans.
(B) The retirement system shall distribute the amount accrued to a member's benefit under the deferred retirement option plan as follows:
(1) For a member who was younger than fifty-two years of age on the date of the election to participate in the plan, distribution shall not commence until the first day of the fourth year after the effective date of the member's election to participate in the plan.
(2) For a member who was fifty-two years of age or older on the date of the election to participate in the plan, distribution shall not commence until the first day of the third year after the effective date of the member's election to participate in the plan.
Sec. 5505.58. (A) A member participating in the deferred retirement option plan who qualifies for disability retirement under division (B)(1) of section 5505.18 of the Revised Code shall elect to receive one of the following:
(1) The applicable pension provided for in section 5505.53 of the Revised Code, plus any amounts that have accrued under section 5505.54 of the Revised Code to the member's benefit under the deferred retirement option plan.
(2) The disability pension provided for by division (B)(1) of section 5505.18 of the Revised Code. Acceptance of a disability pension requires forfeiture of all amounts accrued under section 5505.54 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 the state highway patrol and not participated in the plan. The member shall be granted service credit for the period the member was participating in the plan.
(B) A member participating in the deferred retirement option plan who qualifies for disability retirement under division (B)(2) of section 5505.18 of the Revised Code shall receive the applicable pension provided for in section 5505.53 of the Revised Code, plus any amounts that have accrued under section 5505.54 of the Revised Code to the member's benefit under the deferred retirement option plan.
Sec. 5505.59. If a member dies while participating in the deferred retirement option plan, all of the following apply:
(A) 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 state highway patrol retirement system. 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. Any payment made under this division shall be made in the form of a single lump sum payment.
(B) The surviving spouse and, if eligible, each surviving child, shall receive a pension as described in division (A)(3)(b)(iii) or (4) of section 5505.17 of the Revised Code, utilizing the pension amount calculated under section 5505.53 of the Revised Code.
(C) 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 determined under division (A)(7) of section 5505.17 of the Revised Code. (D) The lump sum payment described in section 5505.30 of the Revised Code shall be paid to the member's surviving spouse or, if there is no surviving spouse, to the member's estate.
Section 2. That existing sections 742.63, 5505.12, and 5505.18 of the Revised Code are hereby repealed.
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