The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 270 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Representatives Adams, Latta, Fessler, McGregor, J., Setzer, Webster, Collier
A BILL
To amend sections 145.01, 145.191, 145.38, 145.384,
145.473, 145.58, 742.26, 3307.35, and 3309.341 of
the Revised Code to provide that a member of the
Public Employees Retirement System, Ohio Police
and Fire Pension Fund, State Teachers Retirement
System, or School Employees Retirement System who
retires and then returns to public employment in
the same position will not receive a pension while
earning a salary for that employment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.01, 145.191, 145.38, 145.384,
145.473, 145.58, 742.26, 3307.35, and 3309.341 of the Revised Code
be amended to read as follows:
Sec. 145.01. As used in this chapter:
(A) "Public employee" means:
(1) Any person holding an office, not elective, under the
state or any
county, township, municipal corporation, park
district, conservancy district,
sanitary district, health
district, metropolitan housing authority, state
retirement board,
Ohio historical society, public library, county law library,
union
cemetery, joint hospital, institutional commissary, state
university, or
board, bureau, commission, council, committee,
authority, or administrative
body as the same are, or have been,
created by action of the general assembly
or by the legislative
authority of any of the units of local government named
in
division (A)(1) of this section, or employed and
paid in whole or
in part by the state or any
of the authorities named in division
(A)(1) of this
section in any capacity not covered by
section
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees
retirement system
and who
continues to perform the same or similar
duties under the direction of a
contractor who has contracted to
take over what before the date of the
contract was a publicly
operated function. The governmental unit with which
the contract
has been made shall be deemed the employer for the purposes of
administering this chapter.
(3) Any person who is an employee of a public employer,
notwithstanding that
the person's compensation for that employment
is derived from funds of a
person or entity other than the
employer. Credit for such service shall be
included as total
service credit, provided that the employee makes the
payments
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code.
(4) A person who elects in accordance with section 145.015
of
the Revised
Code to remain a contributing member of the public
employees retirement
system.
In all cases of doubt, the public employees retirement board
shall determine
whether any person is a public employee, and its
decision is final.
(B) "Member" means any public employee, other than a public
employee excluded
or exempted from membership in the retirement
system by section 145.03,
145.031, 145.032, 145.033, 145.034,
145.035, or 145.38 of the Revised Code.
"Member" includes a PERS
retirant who becomes a member under division
(C) of section 145.38
of the Revised Code. "Member" also includes a
disability benefit
recipient.
(C) "Head of the department" means the elective or
appointive
head of the
several executive, judicial, and
administrative
departments, institutions,
boards, and commissions
of the state
and local government as the same are
created and
defined by the
laws of this state or, in case of a charter
government, by that
charter.
(D) "Employer" or "public employer" means the state or any
county, township,
municipal corporation, park district,
conservancy district, sanitary district,
health district,
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union
cemetery, joint
hospital, institutional commissary, state medical
college, state university,
or board, bureau, commission, council,
committee, authority, or administrative
body as the same are, or
have been, created by action of the general assembly
or by the
legislative authority of any of the units of local government
named
in this division not covered by section 742.01, 3307.01,
3309.01, or 5505.01 of the Revised
Code. In addition, "employer"
means the employer of any public employee.
(E) "Prior service" means all service as a public employee
rendered before
January 1, 1935, and all service as an employee of
any employer who comes
within the state teachers retirement system
or of the school employees
retirement system or of any other
retirement system established under the laws
of this state
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that
other system
after that other system was established, credit for
the service may be allowed
by the public employees retirement
system only when the employee has made
payment, to be computed on
the salary earned from the date of appointment to
the date
membership was established in the public employees retirement
system,
at the rate in effect at the time of payment, and the
employer has made
payment of the corresponding full liability as
provided by section 145.44 of
the Revised Code. "Prior service"
also means all service credited for active
duty with the armed
forces of the United States as provided in section 145.30
of the
Revised Code.
If an employee who has been granted prior service credit by
the public
employees retirement system for service rendered prior
to January 1, 1935, as
an employee of a board of education
establishes, before retirement, one year
or more of contributing
service in the state teachers retirement system or
school
employees retirement system, then the prior service ceases to be
the
liability of this system.
If the board determines that a position of any member in any
calendar year
prior to January 1, 1935, was a part-time position,
the board shall determine
what fractional part of a year's credit
shall be allowed by the following
formula:
(1) When the member has been either elected or appointed to
an office the
term of which was two or more years and for which an
annual salary is
established, the fractional part of the year's
credit shall be computed as
follows:
First, when the member's annual salary is one thousand
dollars or less, the
service credit for each such calendar year
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary
above one thousand
dollars, the member's service credit for each
such calendar year shall be
increased by two and one-half per
cent.
(2) When the member is paid on a per diem basis, the service
credit for any
single year of the service shall be determined by
using the number of days of
service for which the compensation was
received in any such year as a
numerator and using two hundred
fifty days as a denominator.
(3) When the member is paid on an hourly basis, the service
credit for any
single year of the service shall be determined by
using the number of hours of
service for which the compensation
was received in any such year as a
numerator and using two
thousand hours as a denominator.
(F) "Contributor" means any person who has an account in the
employees'
savings fund created by section 145.23 of the Revised
Code. When used in
the sections listed in division (B) of section
145.82 of the
Revised Code, "contributor" includes any person
participating in a
PERS defined contribution plan.
(G) "Beneficiary" or "beneficiaries" means the estate or a
person or persons
who, as the result of the death of a member,
contributor, or retirant, qualify
for or are receiving some right
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in section
145.37 of the
Revised Code, means all service credited to a member
of the retirement system
since last becoming a member, including
restored service credit as provided by
section 145.31 of the
Revised Code; credit purchased under sections 145.293
and 145.299
of the Revised Code; all the member's prior service credit; all
the member's military service credit computed as provided in this
chapter; all
service credit established pursuant to section
145.297 of the Revised Code;
and any other service credited under
this chapter. In addition, "total
service credit" includes any
period, not in excess of three years, during
which a member was
out of service and receiving benefits under Chapters 4121.
and
4123. of the Revised Code. For the exclusive purpose of
satisfying
the
service credit requirement and of determining
eligibility for
benefits under
sections 145.32, 145.33, 145.331,
145.35, 145.36,
and 145.361 of the Revised
Code, "five or more
years of total
service credit" means sixty or more
calendar months
of
contributing service in this system.
(2) "One and one-half years of contributing service
credit,"
as used in division (B) of section 145.45 of the Revised
Code,
also means eighteen or more calendar months of employment
by a
municipal corporation that formerly operated its own
retirement
plan for its employees or a part of its employees,
provided that
all employees of that municipal retirement plan who have
eighteen
or more months of such employment, upon
establishing membership in
the public employees retirement
system, shall make a payment of
the contributions they would have paid
had they been members of
this system for the eighteen months of
employment preceding the
date membership was established. When
that payment has been made
by all such employee
members, a
corresponding payment shall be
paid into the employers'
accumulation fund by that municipal
corporation as the employer
of the employees.
(3) Where a member also is a member of the state teachers
retirement system
or the school employees retirement system, or
both, except in cases of
retirement on a combined basis pursuant
to section 145.37 of the Revised Code
or as provided in section
145.383 of the Revised Code,
service credit for any period shall
be credited on the basis of the ratio that
contributions to the
public employees retirement system
bear to total
contributions in
all state retirement systems.
(4) Not more than one year of credit may be given for any
period of twelve
months.
(5) "Ohio service credit" means credit for service that was
rendered to the
state or any of its political subdivisions or any
employer.
(I) "Regular interest" means interest at any rates for the
respective funds and accounts as the public employees retirement
board may
determine from time to time.
(J) "Accumulated contributions" means the sum of all
amounts
credited to a contributor's individual account in the
employees'
savings fund together with any interest
credited to the
contributor's account under section 145.471 or 145.472 of the
Revised Code.
(K)(1) "Final average salary" means the quotient obtained
by
dividing by three the sum of the three full calendar years of
contributing service in which the member's earnable salary was
highest, except that if the member has a partial year of
contributing service in the year the member's employment
terminates and the member's earnable salary for the partial year
is higher
than for any comparable period in the three years, the
member's earnable
salary for the partial year shall be substituted
for the member's earnable
salary for the comparable period during
the three years in which the member's
earnable salary was lowest.
(2) If a member has less than three years of contributing
service, the
member's final average salary shall be the member's
total earnable salary
divided by the total number of years,
including any fraction of a year, of the
member's contributing
service.
(3) For the purpose of calculating benefits payable to a
member qualifying for service credit under division (Z) of this
section, "final average salary" means the total earnable salary
on
which contributions were made divided by the total number of
years
during which contributions were made, including any
fraction of a
year. If contributions were made for less than
twelve months,
"final average salary" means the member's total
earnable salary.
(L) "Annuity" means payments for life derived from
contributions made by a
contributor and paid from the annuity and
pension reserve fund as provided in
this chapter. All annuities
shall be paid in twelve equal monthly
installments.
(M) "Annuity reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any annuity, or benefit
in lieu of any annuity, granted to a
retirant as provided in this
chapter.
(N)(1) "Disability retirement" means retirement as provided
in section 145.36
of the Revised Code.
(2) "Disability allowance" means an allowance paid on
account
of disability
under section 145.361 of the Revised Code.
(3) "Disability benefit" means a benefit paid as disability
retirement under
section 145.36 of the Revised Code, as a
disability allowance under section
145.361 of the Revised Code, or
as a disability benefit under section 145.37
of the Revised Code.
(4) "Disability benefit recipient" means a member who is
receiving a
disability benefit.
(O) "Age and service retirement" means retirement as
provided
in sections
145.32, 145.33, 145.331, 145.34, 145.37, and
145.46 of
the Revised Code.
(P) "Pensions" means annual payments for life derived from
contributions made
by the employer that at the time of retirement
are credited into the annuity
and pension reserve fund from the
employers' accumulation fund and paid from
the annuity and pension
reserve fund as provided in this chapter. All
pensions shall be
paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that
portion of the benefit
derived from contributions made by the
member.
(R)(1) Except as otherwise provided in division (R)
of this
section, "earnable salary" means
all salary, wages, and other
earnings paid to a contributor by reason of
employment in a
position covered by the retirement system. The salary, wages,
and
other earnings shall be determined prior to determination of the
amount
required to be contributed to the employees' savings fund
under section 145.47
of the Revised Code and without regard to
whether any of the salary, wages, or
other earnings are treated as
deferred income for federal income tax
purposes. "Earnable
salary"
includes the following:
(a) Payments made by the employer in lieu of salary, wages,
or other earnings
for sick leave, personal leave, or vacation used
by the contributor;
(b) Payments made by the employer for the conversion of sick
leave, personal
leave, and vacation leave accrued, but not used if
the payment is made
during
the year in which the leave is accrued,
except that payments made pursuant to
section 124.383 or 124.386
of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance,
consisting of
housing, laundry, and meals, as certified to the
retirement board by the
employer or the head of the department
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the
Revised Code;
(e) Payments that are made under a disability leave program
sponsored by the
employer and for which the employer is required
by section 145.296 of the
Revised Code to make periodic employer
and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) of
this section.
(2) "Earnable salary" does not include any of the following:
(a) Fees and commissions, other than those paid under
section
507.09 of the
Revised Code, paid as sole compensation for
personal
services and fees and
commissions for special services
over and
above services for which the
contributor receives a
salary;
(b) Amounts paid by the employer to provide life insurance,
sickness,
accident, endowment, health, medical, hospital, dental,
or surgical coverage,
or other insurance for the contributor or
the contributor's family, or amounts
paid by the employer to the
contributor in lieu of providing the insurance;
(c) Incidental benefits, including lodging, food, laundry,
parking, or
services furnished by the employer, or use of the
employer's property or
equipment, or amounts paid by the employer
to the contributor in lieu of
providing the incidental benefits;
(d) Reimbursement for job-related expenses authorized by the
employer,
including moving and travel expenses and expenses
related to professional
development;
(e) Payments for accrued but unused sick leave, personal
leave, or
vacation
that are made at any time other than in the
year in which the sick leave,
personal leave, or vacation was
accrued;
(f) Payments made to or on behalf of a contributor that are
in excess of the
annual compensation that may be taken into
account by the retirement system
under division (a)(17) of section
401 of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26
U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B), (C), or (E) of section
5923.05 of the Revised
Code, Section 4 of Substitute Senate Bill
No. 3 of the 119th general
assembly, Section 3 of Amended
Substitute Senate Bill
No. 164 of the 124th general assembly, or
Amended Substitute House Bill No. 405 of the 124th general
assembly;
(h) Anything of value received by the contributor that is
based on or
attributable to retirement or an agreement to retire,
except that payments
made on or before January 1, 1989, that are
based on or attributable to an
agreement to retire shall be
included in earnable salary if both of the
following apply:
(i) The payments are made in accordance with contract
provisions that were in
effect prior to January 1, 1986;
(ii) The employer pays the retirement system an amount
specified by the
retirement board equal to the additional
liability resulting from the
payments.
(3) The retirement board shall determine by rule whether any
compensation not
enumerated in division (R) of this section is
earnable salary, and its decision shall be
final.
(S) "Pension reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any retirement allowance
or benefit in lieu of any retirement
allowance, granted to a
member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited to
a
member of the
system since January 1, 1935, for which
contributions are made as required by
sections 145.47, 145.48, and
145.483 of the Revised Code. In any year
subsequent to 1934,
credit for any service shall be allowed by the following
formula:
(a) For each month for which the member's earnable salary is
two hundred
fifty dollars or more, allow one month's credit.
(b) For each month for which the member's earnable salary is
less than two
hundred fifty dollars, allow a fraction of a month's
credit. The numerator of
this fraction shall be the earnable
salary during the month, and the
denominator shall be two hundred
fifty dollars, except that if the member's
annual earnable salary
is less than six hundred dollars, the member's credit
shall not be
reduced below twenty per cent of a year for a calendar year of
employment during which the member worked each month.
Division
(T)(1)(b) of this section shall not
reduce any credit earned
before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an
elected official who
prior to January 1, 1980, was granted a full
year of credit for each year of
service as an elected official
shall be considered to have earned a full year
of credit for each
year of service regardless of whether the service was
full-time or
part-time. The public employees retirement board has no
authority
to reduce the credit.
(U) "State retirement board" means the public employees
retirement board, the
school employees retirement board, or the
state teachers retirement board.
(V) "Retirant" means any former member who retires and is
receiving a monthly
allowance as provided in sections 145.32,
145.33, 145.331, 145.34, and 145.46
of the Revised Code.
(W) "Employer contribution" means the amount paid by an
employer as
determined under section 145.48 of the Revised
Code.
(X) "Public service terminates" means the last day for which
a public
employee is compensated for services performed for an
employer or the date of
the employee's death, whichever occurs
first.
(Y) When a member has been elected or appointed to an
office,
the term of
which is two or more years, for which an
annual salary
is established, and in
the event that the salary of
the office is
increased and the member is denied
the additional
salary by reason
of any constitutional provision prohibiting an
increase in salary
during a term of office, the member may elect
to have the
amount
of the member's contributions calculated upon
the basis of the
increased salary for the office. At the member's
request, the
board shall
compute the total additional amount the
member would
have contributed, or the
amount by which each of the
member's
contributions would have increased, had
the member
received the
increased salary for the office the member holds. If
the member
elects to have the amount by which the member's
contribution would
have increased withheld from the member's
salary, the member shall
notify the
employer, and the employer
shall make the withholding
and transmit it to the
retirement
system. A member who has not
elected to have that amount withheld
may elect at any time to make
a payment to the retirement system
equal to the
additional amount
the member's contribution would
have increased, plus
interest on
that contribution, compounded
annually at a rate established by
the board and computed from the
date on which the last
contribution would have
been withheld from
the member's salary to
the date of payment. A member may
make a
payment for part of the
period for which the increased
contribution was
not withheld, in
which case the interest shall be
computed from the date the
last
contribution would have been
withheld for the period for which the
payment is made. Upon the
payment of the increased contributions
as provided
in this
division, the increased annual salary as
provided by law for the
office for the period for which the member
paid increased
contributions
thereon shall be used in determining
the member's
earnable salary for the
purpose of computing the
member's final
average salary.
(Z) "Five years of service credit," for the exclusive
purpose
of satisfying
the service credit requirements and of
determining
eligibility for benefits
under section 145.33 of the
Revised Code,
means employment covered under this
chapter or under
a former
retirement plan operated, recognized, or endorsed by
the
employer
prior to coverage under this chapter or under a
combination of
the
coverage.
(AA) "Deputy sheriff" means any person who is commissioned
and employed as a
full-time peace officer by the sheriff of any
county, and has been so employed
since on or before December 31,
1965, and whose primary duties are to preserve
the peace, to
protect life and property, and to enforce the laws of this
state;
any person who is or has been commissioned and employed as a peace
officer by the sheriff of any county since January 1, 1966, and
who has
received a certificate attesting to the person's
satisfactory completion of
the peace officer training school as
required by section 109.77 of the Revised
Code and whose primary
duties are to preserve the peace, protect life and
property, and
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of
the Revised
Code as a criminal bailiff or court constable who has
received a certificate
attesting to the person's satisfactory
completion of the peace officer
training school as required by
section 109.77 of the Revised Code and whose
primary duties are to
preserve the peace, protect life and property, and
enforce the
laws of this state.
(BB) "Township constable or police officer in a township
police department or
district" means any person who is
commissioned and employed as a full-time
peace officer pursuant to
Chapter 505. or 509. of the Revised Code, who has
received a
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of
the Revised
Code, and whose primary duties are to preserve the
peace, protect life and
property, and enforce the laws of this
state.
(CC) "Drug agent" means any person who is either of the
following:
(1) Employed full-time full time as a narcotics agent by a
county
narcotics agency
created pursuant to section 307.15 of the
Revised
Code and has received a
certificate attesting to the
satisfactory
completion of the peace officer
training school as
required by
section 109.77 of the Revised Code;
(2) Employed full-time full time as an undercover drug agent
as
defined in section
109.79 of the Revised Code and is in
compliance
with section 109.77 of the
Revised Code.
(DD) "Department of public safety enforcement agent" means a
full-time
employee of the
department of public safety who is
designated under section 5502.14
of the Revised Code as an
enforcement agent and who is in compliance with
section 109.77
of
the Revised Code.
(EE) "Natural resources law enforcement staff officer" means
a
full-time employee of the department of natural resources who is
designated a
natural resources law enforcement staff officer under
section 1501.013 of the
Revised Code
and
is in compliance with
section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the
department of
natural
resources who is designated a park officer
under section 1541.10 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the
department of natural
resources who is designated a forest officer
under section 1503.29 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time
employee of the
department of natural resources who is
designated a preserve
officer under section 1517.10 of the
Revised
Code and is in
compliance with
section 109.77 of the Revised
Code.
(II) "Wildlife officer" means a full-time employee of the
department
of
natural resources who is designated a wildlife
officer under section 1531.13
of the Revised Code and is in
compliance with section 109.77 of the Revised
Code.
(JJ) "State watercraft officer" means a full-time
employee
of
the department
of natural resources who is designated a state
watercraft officer under
section 1547.521 of the Revised Code and
is in compliance with section 109.77
of the Revised Code.
(KK) "Park district police officer" means a full-time
employee of a park
district who is designated pursuant to section
511.232 or 1545.13 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time
employee of a
conservancy district who is designated pursuant to
section 6101.75 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the
organized police
department of a municipal corporation who is
employed full-time full time, is in
compliance with section 109.77
of the
Revised Code, and is not a member of the
Ohio police and
fire
pension fund.
(NN) "Veterans' home police officer" means
any
person
who is
employed at
a veterans' home as a
police officer
pursuant to
section 5907.02 of the
Revised Code and
is in
compliance with
section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health
institution"
means any
person who is designated as such pursuant
to section
5119.14 of the Revised
Code and is in compliance with
section
109.77 of the Revised Code.
(PP) "Special police officer for an institution for the
mentally retarded and
developmentally disabled" means any person
who is designated as such pursuant
to section 5123.13 of the
Revised Code and is in compliance with section
109.77 of the
Revised Code.
(QQ) "State university law enforcement officer" means any
person who is
employed full-time full time as a state university
law
enforcement officer pursuant to
section 3345.04 of the Revised
Code and who is in compliance with section
109.77 of the Revised
Code.
(RR)
"House sergeant at arms" means any person appointed by
the speaker of the house of representatives under division (B)(1)
of section 101.311 of the Revised Code who has arrest authority
under division (E)(1) of that section.
(SS) "Assistant house sergeant at arms" means any person
appointed by the house sergeant at arms under division (C)(1) of
section 101.311 of the Revised Code.
(TT) "Regional transit authority police officer" means a
person who is
employed full time as a regional transit authority
police officer under
division (Y) of section 306.35 of the Revised
Code
and is in
compliance with section 109.77 of the Revised Code.
(UU)
"State highway patrol police officer" means a special
police
officer employed full time and designated by the
superintendent of the
state highway patrol pursuant to section
5503.09 of the
Revised Code or a person serving
full time as a
special police officer pursuant to that section on a
permanent
basis on October 21, 1997, who is in compliance
with section
109.77 of the Revised Code.
(VV) "Municipal public safety director" means a person who
serves full-time full time as the public safety director of a
municipal corporation with the duty of directing the activities of
the municipal corporation's police department and fire department.
(WW) Notwithstanding section 2901.01 of the Revised Code,
"PERS law enforcement
officer" means a sheriff, deputy sheriff,
township constable or police officer
in a township police
department or district, drug agent, municipal public safety
director, department of public
safety
enforcement agent, natural
resources law enforcement staff
officer,
park officer, forest
officer, preserve officer,
wildlife
officer, state watercraft
officer, park district police officer,
conservancy district
officer,
veterans' home police officer,
special police officer for
a mental health
institution, special
police officer for an
institution for the mentally
retarded and
developmentally
disabled, state university law enforcement
officer,
municipal
police officer,
house sergeant at arms,
assistant house
sergeant
at arms, regional transit authority
police officer, or
state
highway patrol police officer.
(XX)
"Hamilton county municipal court
bailiff" means a
person
appointed by
the clerk of courts of the Hamilton county
municipal
court under
division
(A)(3) of section 1901.32 of the
Revised Code
who is employed full time as a
bailiff or deputy
bailiff, who has
received a certificate attesting to the
person's
satisfactory
completion of the peace officer basic training
described in
division (D)(1) of section 109.77 of the Revised
Code,
and whose
primary duties are to preserve the peace, to
protect
life and
property, and to
enforce the laws of this state.
(YY) "Fiduciary" means a person who does any of the
following:
(1) Exercises any discretionary authority or control with
respect to the
management of the system or with respect to the
management or disposition of
its assets;
(2) Renders investment advice for a fee, direct or indirect,
with respect to
money or property of the system;
(3) Has any discretionary authority or responsibility in the
administration
of the system.
(ZZ) "Actuary" means an individual who satisfies all of
the
following
requirements:
(1) Is a member of the American academy of actuaries;
(2) Is an associate or fellow of the society of actuaries;
(3) Has a minimum of five years' experience in providing
actuarial services
to public retirement plans.
(AAA) "PERS defined benefit plan" means the plan described in
sections 145.201 to 145.79 of the Revised Code.
(BBB) "PERS defined contribution plans" means the plan or
plans established under section 145.81 of the Revised Code.
Sec. 145.191. (A)
Except as provided in
division (E) of
this
section, a public employees
retirement
system
member or
contributor who, as of the
last day of the month
immediately
preceding the date on which the
public
employees retirement board
first establishes
a
PERS defined
contribution
plan, has
less than
five
years of
total
service credit is
eligible to make
an election
under this
section.
A member or
contributor who is
employed in
more than one position subject to
this chapter is
eligible to make
only one election. The election
applies to all
positions subject
to this chapter.
Not later than one hundred eighty days after the day the
board
first establishes
a PERS defined contribution plan, an
eligible
member
or contributor may elect to
participate in
a
PERS
defined
contribution plan. If
a form
evidencing an election is
not
received by the system not
later than the last day of the
one-hundred-eighty-day period,
a
member
or contributor
to whom
this section applies
is deemed to
have elected to
continue
participating in the
PERS defined benefit
plan.
(B) An election under this section shall be made in writing
on a
form provided by the system and filed with the system.
(C) On receipt of an election under this section, the system
shall do both of the following:
(1) Credit to the
plan elected both
of the following:
(a) Any employer contributions attributable to the member
for
the period beginning on the day the board first established a
PERS
defined contribution plan;
(b) All accumulated contributions attributable to the member
or contributor.
(2) Cancel all service credit and eligibility for any
payment,
benefit, or right under the
PERS defined benefit plan.
(D) An
election under this section
is effective as
of the
date the board first established a PERS defined
contribution plan
and, except as
provided in section 145.814 of
the Revised Code or
rules governing the PERS defined benefit plan,
is irrevocable on
receipt by the
system.
(E) An election may not be made under this section by a
member or contributor who is either of the following:
(1) A PERS retirant who is a member under division (C) of
section 145.38 of the Revised Code;
(2) A a PERS law enforcement officer or a Hamilton county
municipal court bailiff.
Sec. 145.38. (A) As used in this section and sections
145.381 and
145.384 of the Revised Code:
(1)
"PERS retirant" means a former member of the public
employees retirement system who is receiving one either of the
following:
(a) Age An age and service retirement benefits allowance paid
under section
145.32, 145.33, 145.331, 145.34, or 145.46 of the
Revised Code;
(b) Age and service retirement benefits or paid by the public
employees retirement system under as a consequence of section
145.37 of the Revised
Code;
(c)(b) Any benefit paid distribution
under
a
PERS defined
contribution
plan made by virtue of the former member's
retirement.
(2)
"Other system retirant" means both all of the following:
(a) A member or former member of the Ohio police and
fire
pension fund, state teachers retirement system,
school employees
retirement system, state highway patrol
retirement system, or
Cincinnati retirement system who is
receiving an age and service
or
commuted age and service retirement
benefits allowance or a
disability
benefit from a system of which the
person is a member
or former
member;
(b) A member or former member of the public employees
retirement system who is receiving an age and service retirement
benefits allowance or a disability benefit under as a consequence
of section 145.37 of the
Revised Code paid by the school employees
retirement system or
the
state teachers retirement system;
(c) A former member of the state teachers retirement system
or school employees retirement system who is receiving a
distribution under a plan established under section 3307.81 or
3309.81 of the Revised Code by virtue of the former member's
retirement.
(3) "Retirement benefit" means an age and service retirement
allowance or a distribution by virtue of retirement as described
in division (A)(1) or (2) of this section.
(4) Notwithstanding the definitions of "pension" and
"annuity" in section 145.01 of the Revised Code, in the case of a
PERS retirant or other system retirant who is retired under the
PERS defined contribution plan or a plan established under section
3307.81 or 3309.81 of the Revised Code:
(a) "Pension portion of the retirement benefit" means the
portion of the retirement benefit that is derived from
contributions made by the employer and is paid in monthly or less
frequent installments.
(b) "Annuity portion of the retirement benefit" means the
portion of the retirement benefit that is derived from
contributions made by the former member and is paid in monthly or
less frequent installments.
(B)(1) Subject to this section and section 145.381 of the
Revised Code, a PERS retirant or other
system retirant may be
employed by a public employer. If so
employed, the PERS retirant
or other system retirant shall
contribute to the public employees
retirement system in
accordance
with section 145.47 of the Revised
Code, and the
employer shall
make contributions in accordance with
section
145.48 of the
Revised Code.
(2) A public employer that employs a PERS retirant or
other
system retirant, or enters into a contract for services as
an
independent contractor with a PERS retirant,
shall notify the
retirement board of the employment or contract not
later than the
end of the month in which the employment or contract
commences.
Any overpayment of benefits to a PERS retirant by the
retirement
system resulting from delay or failure of the employer
to give the
notice shall be repaid to the retirement system by
the employer.
(3) On receipt of notice from a public employer that a
person
who is an other system retirant has been employed, the
retirement
system shall notify the retirement system of which the
other
system retirant was a member of such employment.
(4)(a) A PERS retirant who has received a retirement
allowance benefit for less than two months when employment subject
to
this
section commences shall forfeit the retirement allowance
benefit for
any
month the PERS retirant is employed prior to the
expiration of the
two-month period. Service and contributions for
that period shall
not be included in calculation of any benefits
payable to the PERS
retirant, and those contributions shall be
refunded on the
retirant's death or termination of the
employment.
(b) An other system retirant who has received a retirement
allowance benefit or disability benefit for less than two
months
when
employment subject to this section commences shall
forfeit
the
retirement allowance benefit or disability benefit for any
month
the
other
system retirant is employed prior to the
expiration of the
two-month period. Service
and contributions for
that period
shall
not be included in the
calculation of any
benefits payable
to the
other system retirant,
and those
contributions shall be
refunded on
the retirant's
death or
termination of the employment.
(c) Contributions made on compensation earned after the
expiration of the two-month period shall be used in the
calculation of the
benefit or payment due under section 145.384 of
the Revised Code.
(5) On receipt of notice from the Ohio police and
fire
pension fund, school employees retirement
system,
or state
teachers retirement system of the re-employment of a
PERS
retirant, the public employees retirement system shall not pay,
or
if paid, shall recover, the amount to be forfeited by the PERS
retirant in accordance with section 742.26, 3307.35,
or 3309.341
of the Revised Code.
(6) A PERS retirant who, less than one hundred eighty days
after the retirement benefit commences, returns to employment in
the same position or a position in which the duties are the same
or substantially equivalent with the public employer by which the
retirant was employed at the time of retirement shall forfeit the
pension portion of the retirement benefit for the period beginning
on the day on which the employment commences and ending on the
first day of the month following the month in which the employment
ends. The annuity portion of the retirement benefit shall be
suspended on the day the employment under this section commences
and shall accumulate to the credit of the retirant to be paid in a
single payment following termination of the employment.
In all cases of doubt, the public employees retirement board
shall determine whether the duties of the position are the same or
substantially equivalent. Its decision is final.
Payment of the retirement benefit shall resume on the first
day of the month following termination of the employment. On
termination of the employment, the PERS retirant shall receive a
refund of the
retirant's contributions to the retirement system
during the period of employment subject to this section.
(7) A PERS retirant who enters into a contract to provide
services as an independent contractor to the employer by which
the
retirant was employed at the time of retirement or, less
than two
months after the retirement allowance benefit commences, begins
providing
services as an independent contractor pursuant to a
contract with
another public employer, shall forfeit the pension
portion of
the
retirement benefit for the period beginning the
first day of the
month following the month in which the services
begin and ending
on the first day of the month following the month
in which the
services end. The annuity portion of the retirement
allowance benefit
shall be suspended on the day services under the
contract begin
and shall accumulate to the credit of the retirant
to be paid in
a
single payment after services provided under the
contract
terminate. A PERS retirant subject to division (B)(6)(7)
of this
section shall not contribute to the retirement system and
shall
not become a member of the system.
(7)(8) As used in this division,
"employment" includes
service
for which a
PERS retirant or other system retirant, the
retirant's
employer, or
both, have waived any earnable salary for
the
service.
(C)(1) Except as provided in division (C)(3) of this
section,
this division applies to both of the following:
(a) A PERS retirant who, prior to September 14, 2000,
was
subject to division (C)(1)(b) of this
section as that
division
existed immediately prior to September
14, 2000,
and
has not
elected
pursuant to Am. Sub. S.B. 144 of the 123rd general
assembly to
cease to be subject to
that division;
(b) A PERS retirant to whom both of the following apply:
(i) The retirant held elective office in this state, or in
any municipal corporation, county, or other political subdivision
of this
state at the time of retirement under this chapter.
(ii) The retirant was elected or appointed to the same
office
for the remainder of the term or the term immediately
following
the term during which the retirement occurred.
(2) A PERS retirant who is subject to this division is a
member of the public employees retirement system with all the
rights,
privileges, and obligations of membership, except that the
membership does
not include survivor benefits provided pursuant to
section 145.45 of the
Revised Code or, beginning on the ninetieth
day after September 14, 2000, any amount
calculated under section
145.401 of the Revised
Code. The pension portion of the PERS
retirant's retirement
allowance shall be forfeited until the first
day of the first month following
termination of the employment.
The annuity portion of the retirement
allowance shall accumulate
to the credit of the
PERS retirant to
be paid in a single payment
after termination of the employment.
The retirement allowance
shall resume on the first day of the
first month following
termination of the employment. On
termination of the employment,
the PERS retirant shall elect to
receive either a refund of the
retirant's contributions to
the retirement
system during the
period of employment subject to this section or
a supplemental
retirement allowance based on the retirant's
contributions and
service credit for that period of employment.
(3) This division does not apply to any of the following:
(a) A PERS retirant elected to office who, at the time of
the
election for the retirant's current term, was not retired but,
not
less than ninety days prior to the primary election for the term
or the date on which a primary for the term would have been held,
filed a written declaration of intent to retire before the end of
the term with the director of the board of elections of the county
in which
petitions for nomination or election to the office are
filed;
(b) A PERS retirant elected to office who, at the time of
the
election for the retirant's current term, was a retirant and
had
been retired for not less than ninety days;
(c) A PERS retirant appointed to office who, at the time of
appointment to the retirant's current term, notified the person or
entity making the appointment that the retirant was already
retired or intended to retire before the end of the term.
(D)(1) Except as provided in division (C) of this
section,
a
A PERS
retirant or other system retirant subject to
this section
is not
a member of the public employees
retirement system, and,
except as
specified in this section does not
have any of the
rights,
privileges, or
obligations of membership. Except as
specified in
division
(D)(C)(2) of this
section, the retirant is
not
eligible to
receive health, medical,
hospital, or surgical
benefits under
section 145.58 of the Revised Code for employment
subject to this
section.
(2) A PERS retirant subject to this
section shall receive
primary health, medical,
hospital, or surgical insurance coverage
from the retirant's employer, if the
employer provides coverage to
other employees performing
comparable work. Neither the employer
nor the PERS retirant may
waive the employer's coverage, except
that the PERS retirant may
waive the employer's coverage if the
retirant has coverage comparable to
that provided by the employer
from a source other than the
employer or the public employees
retirement system. If a claim
is made, the employer's coverage
shall be the primary coverage
and shall pay first. The benefits
provided under section 145.58
of the Revised Code shall pay only
those medical expenses not
paid through the employer's coverage or
coverage the PERS
retirant receives through a source other than
the retirement
system.
(E)(D) If the disability benefit of an other system retirant
employed under this section is terminated, the retirant shall
become a member of the public employees retirement system and
participate in the PERS defined benefit plan,
effective on
the
first day of the month next following the
termination with
all the
rights, privileges, and obligations of
membership. If
such person,
after the termination of the
disability benefit,
earns two years
of service credit under this
system the PERS defined benefit plan
or under the
Ohio police and fire
pension fund, state
teachers
retirement system, school employees retirement system, or
state
highway patrol retirement system, the person's prior
contributions
as an
other system retirant under this section shall
be included
in the person's
total service credit as a public
employees
retirement system
member, and the person shall forfeit
all rights
and benefits of this
section. Not more than one year
of credit may
be given for any
period of twelve months.
(F)(E) This section does not affect the receipt of benefits
by
or
eligibility for benefits of any person who on August 20,
1976,
was
receiving a disability benefit or service retirement
pension
or
allowance from a state or municipal retirement system
in Ohio
and
was a member of any other state or municipal
retirement system
of
this state.
(G)(F) The public employees retirement board may adopt rules
to
carry out this section.
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 to receive
either a
benefit, 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.
(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
amount of
the
employer's contributions determined by the board.
(a) Unless, as described in division (I) of this section, the
application is accompanied by a statement of the spouse's consent
to another form of payment or the board waives the requirement of
spousal consent, a PERS retirant or other system retirant who is
married at the time of application for a benefit under this
section shall receive 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 a rate of
interest
determined by the board.
A
retirant who elects to receive
a
monthly annuity
shall select
one
of the following as the plan of
payment:
(i) The retirant's single life annuity;
(ii) The actuarial equivalent of the retirant's single life
annuity in 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
under a plan of payment 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 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 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 retirant's single life annuity as determined by the
board.
The election shall be made on a form provided
by the board and
shall be effective the month following its
receipt by the board.
(D) Following a marriage or remarriage, a PERS retirant or
other system retirant who is receiving a benefit described in
division
(B)(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.
If the marriage or remarriage occurs on or after the
effective date of this amendment June 6, 2005, the election must
be made not later than one year after the date of the marriage or
remarriage.
The plan elected under this division shall be
effective on
the date of receipt by the
board of an application on a form
approved by the board, but any change in the amount of the benefit
shall commence on the first day of the month following the
effective date of the plan.
(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;
(4) A date specified by the retirant.
(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 under division (B)(2)(b)(i)
of this section 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 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 is married and,
unless the board has waived the requirement of spousal consent,
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. 145.473. (A) Except as provided in division (C) of
this
section, the rate of interest credited to individual
accounts
of
contributors under sections 145.471 and 145.472 of the Revised
Code shall be as
follows:
(1) Four per cent per annum, compounded annually, to and
including December 31, 1955;
(2) Three per cent per annum, compounded annually, from
January
1, 1956, to and including December 31, 1963;
(3) Three and one-quarter per cent per annum, compounded
annually, from January 1, 1964, to and including December
31,
1969;
(4) Four per cent per annum, compounded annually, from
January 1, 1970, to and including the day before December 13,
2000;
(5) An amount determined by the public employees retirement
board
that is not greater than six per cent per annum, compounded
annually, on and
after December
13, 2000.
(B) Except as provided in division (C) of this section,
for
the purpose of determining the reserve value of a
contributor's
annuity, the rate of interest shall be as follows:
(1) Four per cent per annum, compounded annually, for
contributors retiring before October 1, 1956;
(2) Three per cent per annum, compounded annually, for
contributors retiring on or after October 1, 1956, but before
January 1, 1964;
(3) Three and one-quarter per cent per annum, compounded
annually, for contributors retiring on or after January 1, 1964,
but
before January 1, 1970;
(4) Four per cent per annum, compounded annually, for
contributors retiring on or after January 1, 1970, but
before
December
13, 2000;
(5) An amount determined by the board based on the
recommendation of the
board's actuary, compounded annually, for
contributors retiring on or
after December
13, 2000.
(C) For a PERS retirant who
is not subject to division (C)
of section 145.38 of
the Revised Code or an other system retirant,
as those terms
are that term is defined in section 145.38 of the
Revised Code,
or a member of the
public employees retirement
system who retires
in accordance with section
145.383 of the
Revised Code, the rate
of interest shall be the current actuarial
assumption rate of
interest, as
determined by the board's actuary,
for the purposes
described in divisions (A) and (B) of this
section.
Sec. 145.58. (A) As used in this section,
"ineligible
individual" means all of the following:
(1) A former member receiving benefits pursuant to section
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code
for
whom eligibility is established more than five years after
June
13, 1981, and who, at the time of establishing eligibility,
has
accrued less than ten years' service credit, exclusive of
credit
obtained pursuant to section 145.297 or 145.298 of the
Revised
Code, credit obtained after January 29, 1981, pursuant to
section
145.293 or 145.301 of the Revised Code, and credit
obtained after
May 4, 1992, pursuant to section 145.28 of the
Revised Code;
(2) The spouse of the former member;
(3) The beneficiary of the former member receiving
benefits
pursuant to section 145.46 of the Revised Code.
(B) The public employees retirement board may enter into
agreements with insurance companies, health
insuring
corporations,
or government
agencies authorized to do business in the state for
issuance of a
policy or contract of health, medical, hospital, or
surgical
benefits, or any combination thereof, for those
individuals receiving
age and service retirement or a disability
or survivor benefit
subscribing to the plan, or for PERS retirants
employed under
section 145.38 of the Revised Code, for coverage of
benefits in
accordance with division (D)(C)(2) of section 145.38
of
the
Revised Code. Notwithstanding any other provision of this
chapter, the
policy or contract may also include coverage for any
eligible
individual's spouse and dependent children and for
any of
the individual's sponsored
dependents as the board determines
appropriate. If all
or any portion of the policy or contract
premium is to be paid by
any individual receiving age and service
retirement or a disability
or survivor benefit, the individual
shall, by written
authorization,
instruct the board to deduct the
premium agreed to be paid by
the individual
to the company,
corporation, or agency.
The board may contract for coverage on the basis of
part or
all of the cost of the coverage to be paid from
appropriate funds
of the public employees retirement system. The
cost paid from the
funds of the system shall be
included in the
employer's
contribution rate provided by sections 145.48 and
145.51 of the
Revised Code. The board may by rule provide
coverage to
ineligible
individuals if the coverage is provided at
no cost to
the
retirement system. The board shall not pay or
reimburse the
cost
for coverage under this section or section
145.325 of the
Revised
Code for any ineligible individual.
The board may provide for self-insurance of risk or level
of
risk as set forth in the contract with the companies,
corporations, or agencies, and may provide through the
self-insurance method specific benefits as authorized by rules of
the board.
(C)
The board shall, beginning the month following receipt
of
satisfactory evidence of the payment for coverage, pay monthly
to
each recipient of service retirement, or a disability or
survivor
benefit under the public employees retirement system who
is
eligible for medical insurance coverage under part B of Title
XVIII of
"The Social Security Act," 79 Stat. 301 (1965), 42
U.S.C.A. 1395j, as amended, an amount equal to the basic premium
for such coverage, except that the board shall make no
such
payment to any ineligible individual.
(D) The board shall establish by rule requirements for
the
coordination of
any coverage, payment, or benefit provided
under
this section or section
145.325 of the Revised Code with any
similar coverage, payment, or benefit
made available to
the same
individual by the Ohio police and fire pension
fund,
state
teachers retirement system, school employees retirement system, or
state
highway patrol retirement system.
(E) The board shall make all other
necessary
rules
pursuant
to the purpose and intent of this section.
Sec. 742.26. (A) As used in this section:
(1) "Actuarial present value" means the calculation under
which the probability of occurrence, based on a specified
mortality table, and the discount for future monetary growth at a
specified interest rate are considered by an actuary to determine
the value of an annuity.
(2) "Other system retirant" means a former member of the
public employees retirement system, state teachers retirement
system, school employees retirement system, state highway patrol
retirement system, or Cincinnati retirement system who is
receiving a disability benefit or an age and service or commuted
age and service retirement benefit or allowance from a system of
which the person is a former member.
(3) "OPFPF retirant" means any person
who is receiving a
retirement allowance, other than a disability benefit, from the
Ohio police and fire pension fund.
(4) "Annuity portion of a retirement allowance" means the
portion of a retirement allowance that is derived from
contributions made by the retirant and is paid in monthly or less
frequent installments;
(5) "Pension portion of a retirement allowance" means the
portion of a retirement allowance that is derived from
contributions made by the employer and is paid in monthly or less
frequent installments.
(B) The mortality table and interest rate used in
determining
actuarial present value shall be determined by the
board of
trustees of the fund based on the recommendations of an
actuary
employed by the board.
(C)(1) An OPFPF retirant
or other system retirant may be
employed as a member of a police or fire department. If so
employed, the retirant shall make contributions to the fund
in
accordance
with section 742.31 of the Revised Code, and the
employer shall
make contributions in accordance with sections
742.33 and 742.34
of the Revised Code.
(2) An employer that employs an
OPFPF retirant or other
system retirant shall notify the board of trustees of the fund of
the employment not later than the end of the month in which the
employment commences. On receipt of notice from an employer that
a
person who is an other system retirant has been employed, the
fund
shall notify the retirement system of which the other system
retirant was a member of such employment.
(D)(1) An OPFPF retirant or other
system retirant who has
received a retirement allowance or benefit for less than two
months when employment subject to this section commences shall
forfeit the retirement allowance or benefit for the period
that
begins on the date the employment commences and ends on the
earlier of
the date the employment terminates or the date
that is
two months after the date on which the retirement
allowance or
benefit commenced. Service and contributions for
that period shall
not be included in the calculation of any
benefits payable under
this section, and those contributions
shall be refunded on the
retirant's death or termination of
the employment.
(2) An OPFPF retirant who, less than one hundred eighty days
after the retirement allowance commences, returns to employment in
the same position or a position in which the duties are the same
or substantially equivalent with the police or fire department by
which the retirant was employed at the time of retirement shall
forfeit the pension portion of the retirement allowance for the
period beginning on the day on which the employment commences and
ending on the first day of the month following the month in which
the employment ends. The annuity portion of the retirement
allowance shall be suspended on the day the employment under this
section commences and shall accumulate to the
credit of the
retirant to be paid in a single payment following termination of
the employment.
In all cases of doubt, the board of trustees of the fund
shall determine whether the duties of the position are the same or
substantially equivalent. Its decision is final.
Payment of the retirement allowance shall resume on the first
day of the month following termination of the employment. On
termination of the employment, the OPFPF retirant shall receive a
refund of the retirant's contributions to the pension fund during
the
period of employment subject to this section.
(E) On receipt of notice from the public employees
retirement
system, school employees retirement system, or state
teachers
retirement system of the re-employment of
an OPFPF
retirant, the
Ohio police and fire pension fund
shall not pay, or if paid shall
recover, the amount to be
forfeited by the OPFPF retirant in
accordance with section
145.38, 3307.35, or 3309.341 of the
Revised Code.
(F)(1) On termination of employment under this section,
an
OPFPF retirant or
other system retirant may file an application
with the board of trustees of the fund to receive either a
benefit, as provided in division (F)(2) of this section, or
payment of the retirant's contributions made under this section,
as provided in division (H) of this section.
(2) A benefit under this section shall consist of an annuity
the actuarial present value of which
is equal to two times the sum
of all amounts deducted from the
salary of the OPFPF retirant or
other
system retirant and
credited to the retirant's individual
account in the fund, other
than contributions excluded pursuant to
division (D) of this
section,
together with
interest credited
thereon at the rate determined by the board.
(a) Unless, as described in division (I) of this section, the
application is accompanied by a statement of the spouse's consent
to another form of payment or the board of trustees waives the
requirement of spousal consent, a retirant who is married at the
time of application under this division shall receive 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 retirant who is not subject to division (F)(2)(a) of
this section shall elect to receive either a monthly annuity or a
lump-sum lump sum payment. If the retirant fails to elect a plan
of payment, the annuity shall be paid as a monthly annuity under
the plan of payment specified in rules adopted by the board of
trustees of the fund.
A retirant who elects to receive a monthly annuity shall
select one of the following as the plan of payment:
(i) The retirant's single life annuity;
(ii) The actuarial equivalent of the retirant's single life
annuity in 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.
(c) Notwithstanding divisions (F)(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.
(3) Interest shall be credited to accounts only at the
time
of calculation of a benefit payable under division (F)(2) of
this
section.
(4) A benefit payable under this division shall commence
on
the first day of the month immediately after the latest of the
following:
(a) The last day for which compensation for employment
subject to this section was paid;
(b) Attainment by the OPFPF retirant or
other system
retirant
of age sixty;
(c) If the OPFPF retirant or other
system retirant was
previously employed under this section and is receiving or
previously received a benefit under this division, completion of
a
period of twelve months since the last benefit paid under this
section commenced.
(5) No amount received under this division shall be
included
in determining an additional benefit under section
742.3711,
742.3716, or 742.3717 of the Revised Code or any other
post-retirement benefit increase.
(G)(1) If an OPFPF
retirant or other system retirant dies
while employed in employment subject to this section, a lump-sum
lump sum
payment calculated in accordance with division (F)(2) of
this section shall be paid to the retirant's surviving
spouse, or
if there
is no surviving spouse, to the retirant's estate.
(2) If at the time of death
an OPFPF retirant or other
system
retirant receiving a monthly annuity under division
(F)(2) of this
section has received less than would have
been received as a
lump-sum lump sum payment under division (F)(2)
of
this section,
the difference between the amount received and
the amount that
would have been received as a
lump-sum lump sum
payment shall be
paid to the retirant's surviving spouse, or
if there is no
surviving spouse, to the retirant's estate.
(3) If a beneficiary receiving a monthly annuity under
division (F)(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 received as a lump sum payment
shall be paid to the beneficiary's estate.
(H)(1) An OPFPF retirant or other system retirant who applies
under division (F)(1) of this section for payment of the
retirant's contributions and is unmarried or is married and,
unless the board of trustees has waived the requirement of spousal
consent, includes with the application a statement of the spouse's
consent to the payment shall be paid the contributions made under
division (C) of this section, plus interest, if the following
conditions are met:
(a) The retirant has not attained sixty years of age and has
terminated employment subject to this section for any cause other
than death or the receipt of a benefit under division (F) of this
section.
(b) Three months have elapsed since the termination of
employment subject to this section.
(c) The retirant has not returned to service subject to this
chapter or Chapter 145., 3307., or 3309. of the Revised Code,
other than service exempted from contribution to the public
employees retirement system 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 (F) of this section.
(I) A statement of a spouse's consent under division (F) 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 of
trustees 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) An other system retirant subject to this section is
not a
member of the Ohio police and fire pension
fund, does not have any
of the rights, privileges, or obligations
of membership, except as
specified in this section, and is not
eligible to receive health,
medical, hospital, or surgical
benefits under section 742.45 of
the Revised Code for employment
subject to this section.
(K) If any payment is made by the Ohio police and
fire
pension fund to
an OPFPF retirant or other system
retirant to
which the retirant is not entitled,
the retirant shall
repay it to
the fund. If the retirant fails to make the
repayment, the fund
shall withhold
the amount due from any allowances or other amounts
due the
OPFPF retirant or other system retirant.
(L) An OPFPF retirant
who is employed under this
section is
not eligible to receive any benefits under section 742.37 of the
Revised Code for the employment under this section.
(M) This section does not affect the receipt of benefits
by
or eligibility for benefits of any person who on August 20,
1976,
was receiving a disability benefit or service retirement
pension
or allowance from a state or municipal retirement system
in Ohio
and was a member of any other state or municipal
retirement system
of this state.
(N) The board of trustees of the fund may adopt rules to
carry out this section.
Sec. 3307.35. (A) As used in this section and section
3307.352 of the Revised Code,
"other:
(1) "Other system retirant" means a
member or former member
of the public employees retirement system,
Ohio police
and fire
pension fund, school employees
retirement
system, state highway
patrol retirement system, or
Cincinnati
retirement system who is
receiving age and service or
commuted age
and service retirement,
or a disability benefit from
a system of
which the retirant is a
member or former member.
(2) Notwithstanding the definitions of "annuity" and
"pension" in section 3307.50 of the Revised Code, in the case of a
superannuate employed under this section:
(a) "Annuity portion" means the portion of a retirement
allowance or benefit that is derived from contributions made by
the superannuate or retirant and is paid in monthly or less
frequent installments;
(b) "Pension portion" means the portion of a retirement
allowance or benefit that is derived from contributions made by
the employer and is paid in monthly or less frequent installments.
(B) Subject to this section and section 3307.353 of the
Revised Code, a superannuate or other system retirant may be
employed
as a teacher.
(C) A superannuate or other system retirant employed
in
accordance with this section shall contribute to the state
teachers
retirement system in
accordance with section 3307.26 of
the Revised Code
and the employer shall contribute in accordance
with sections
3307.28 and 3307.31 of the Revised Code. Such
contributions shall
be received as specified in section 3307.14 of
the
Revised Code. A
superannuate or other system retirant
employed
as a teacher is
not a member of the state teachers
retirement
system, does not
have any of the rights, privileges, or
obligations of membership,
except as provided in this section, and
is not eligible to
receive health, medical, hospital, or surgical
benefits under
section 3307.39 of the Revised Code for employment
subject to
this section.
(D) The employer that employs a superannuate or other
system
retirant shall notify the state teachers retirement board
of the
employment not later than the end of the month in which
the
employment commences. Any overpayment of benefits to a
superannuate by the retirement system resulting from an
employer's
failure to give timely notice may be charged to the
employer and
may be certified and deducted as provided in section
3307.31 of
the Revised Code.
(E) On receipt of notice from an employer that a person
who
is an other system retirant has been employed, the state
teachers
retirement system shall notify the state retirement
system of
which the other system retirant was a member of such
employment.
(F)(1) A superannuate or other system retirant who has
received
an allowance or benefit for less than
two months when
employment
subject to this section commences shall
forfeit the
allowance or
benefit for any month the superannuate or
retirant is
employed
prior to the expiration of such period.
Contributions
shall be
made to the retirement system from the
first day of such
employment, but service and contributions for
that period shall
not be used in the calculation of any benefit
payable to the
superannuate or other system retirant, and those
contributions
shall be refunded on the superannuate's or
retirant's death or
termination of
the employment. Contributions made on compensation
earned after
the expiration of such period shall be used in
calculation of the
benefit or payment due under section 3307.352
of the Revised Code.
(2) A superannuate who, less than one hundred eighty days
after the retirement allowance or benefit commences, returns to
employment in the same position or a position in which the duties
are the same or substantially equivalent with the employer by
which the retirant was employed at the time of retirement shall
forfeit the pension portion of the superannuate's
retirement
allowance or benefit for the period beginning on the day on which
the employment commences and ending on the first day of the month
following the month in which the employment ends. The annuity
portion of the retirement allowance or benefit shall be suspended
on the day the employment under this section commences and shall
accumulate to the credit of the superannuate to be paid in a
single payment following termination of the employment.
In all cases of doubt, the state teachers retirement board
shall determine whether the duties of the position are the same or
substantially equivalent. Its decision is final.
Payment of the retirement allowance or benefit shall resume
on the first day of the month following termination of the
employment. On termination of the employment, the superannuate
shall receive a refund of the superannuate's contributions to the
retirement system during the period of employment subject to this
section.
(G) On receipt of notice from the Ohio police and
fire
pension fund, public employees retirement
system,
or school
employees retirement system of the re-employment of a
superannuate, the state teachers retirement system shall not pay,
or if paid shall recover, the amount to be forfeited by the
superannuate in accordance with section 145.38, 742.26, or
3309.341 of the Revised Code.
(H) If the disability benefit of an other system retirant
employed under this section is terminated, the retirant shall
become a
member of the state teachers retirement system, effective
on the
first day of the month next following the termination, with
all
the rights, privileges, and obligations of membership. If
such
person, after the termination of the retirant's disability
benefit, earns
two years of service credit under this retirement
system or under
the public employees retirement system, Ohio
police and
fire pension fund, school employees retirement
system,
or state highway patrol retirement system, the retirant's
prior
contributions as an other system retirant under this section
shall
be included in the retirant's total service credit, as defined
in
section 3307.50 of the Revised Code, as
a state teachers
retirement system member, and the retirant shall forfeit all
rights and
benefits of this section. Not more than one year of
credit may
be given for any period of twelve months.
(I) This section does not affect the receipt of benefits
by
or eligibility for benefits of any person who on August 20,
1976,
was receiving a disability benefit or service retirement
pension
or allowance from a state or municipal retirement system
in Ohio
and was a member of any other state or municipal
retirement system
of this state.
(J) The state teachers retirement
board may make the
necessary rules to carry into effect
this section and to prevent
the abuse of the rights and privileges
thereunder.
Sec. 3309.341. (A) As used in this section and section
3309.344 of the Revised Code:
(1) "SERS retirant" means any person who is receiving a
retirement allowance from the school employees retirement system
under section 3309.36, 3309.38, or 3309.381 of the Revised Code or
any benefit paid under a plan established under section 3309.81 of
the Revised Code.
(2) "Other system retirant" means a member or former
member
of the public employees retirement system, Ohio police
and fire
pension fund, state teachers retirement
system, state highway
patrol retirement system, or Cincinnati
retirement system who is
receiving age and service or commuted
age and service retirement,
or a disability benefit from a system
of which the retirant is a
member or former member.
(3) "Annuity portion of a retirement allowance" means the
portion of a retirement allowance that is derived from
contributions made by the retirant and is paid in monthly or less
frequent installments.
(4) "Pension portion of a retirement allowance" means the
portion of a retirement allowance that is derived from
contributions made by the employer and is paid in monthly or less
frequent installments.
(B)(1) Subject to this section and section 3309.345 of the
Revised Code, an SERS retirant or other system retirant may be
employed by a public employer. If so employed, the SERS retirant
or other system retirant shall contribute to the school employees
retirement system in accordance with section 3309.47 of the
Revised Code, and the employer shall make contributions in
accordance with section 3309.49 of the Revised Code.
(2) An employer that employs an SERS retirant or other
system
retirant shall notify the retirement board of the
employment not
later than the end of the month in which the
employment commences.
On receipt of notice from an employer that
a person who is an
other system retirant has been employed, the
school employees
retirement system shall notify the state
retirement system of
which the other system retirant was a member
of such employment.
(C)(1) An SERS retirant or other system retirant who has
received a retirement allowance or disability benefit for
less
than two months when employment subject to this section commences
shall forfeit the retirement allowance or disability benefit
for
any month
the SERS retirant or other system retirant is employed
prior to
the expiration of the two-month period. Service
and
contributions for that period shall not be included in the
calculation of any benefits payable to the SERS retirant or other
system retirant, and those contributions shall be refunded on
death or termination of the employment. Contributions made on
compensation earned after the expiration of such period shall be
used in the
calculation of the benefit or payment due under
section 3309.344 of the Revised Code.
(2) An SERS retirant who, less than one hundred eighty days
after the retirement allowance commences, returns to employment in
the same position or a position in which the duties are the same
or substantially equivalent with the public employer by which the
retirant was employed at the time of retirement shall forfeit the
pension portion of the retirement allowance for the period
beginning on the day on which the employment commences and ending
on the first day of the month following the month in which the
employment ends. The annuity portion of the retirement allowance
shall be suspended on the day the employment under this section
commences and shall accumulate to the credit of the retirant to be
paid in a single payment following termination of the employment.
In all cases of doubt, the school employees retirement board
shall determine whether the duties of the position are the same or
substantially equivalent. Its decision is final.
Payment of the retirement allowance shall resume on the first
day of the month following termination of the employment. On
termination of the employment, the SERS retirant shall receive a
refund of the
retirant's contributions to the retirement system
during the period of employment subject to this section.
(D) On receipt of notice from the Ohio police and
fire
pension fund, public employees retirement
system,
or state
teachers retirement system of the re-employment of an
SERS
retirant, the school employees retirement system shall not
pay,
or
if paid shall recover, the amount to be forfeited by the SERS
retirant in accordance with section 145.38, 742.26, or
3307.35 of
the Revised Code.
(E) An SERS retirant or other system retirant subject to
this
section is not a member of the school employees retirement
system;
does not have any of the rights, privileges, or
obligations of
membership, except as specified in this section;
and is not
eligible to receive health, medical, hospital, or
surgical
benefits under section 3309.69 of the Revised Code for
employment
subject to this section.
(F) If the disability benefit of an other system retirant
employed under this section is terminated, the retirant shall
become a
member of the school employees retirement system,
effective on
the first day of the month next following the
termination, with
all the rights, privileges, and obligations of
membership. If
the retirant, after the termination of
the
disability benefit,
earns two years of service credit under this
retirement system or
under the public employees retirement system,
Ohio police and
fire pension fund, state teachers
retirement
system, or state highway patrol retirement system, the
retirant's
prior
contributions as an other system retirant under this section
shall be included in the retirant's total service credit as
a
school
employees retirement system member, and the retirant shall
forfeit all
rights and benefits of this section. Not more than
one
year of
credit may be given for any period of twelve months.
(G) This section does not affect the receipt of benefits
by
or eligibility for benefits of any person who on August 29,
1976,
was receiving a disability benefit or service retirement
pension
or allowance from a state or municipal retirement system
in Ohio
and was a member of any other state or municipal
retirement system
of this state.
(H) The school employees retirement board may adopt rules
to
carry out this section.
Section 2. That existing sections 145.01, 145.191, 145.38,
145.384, 145.473, 145.58, 742.26, 3307.35, and 3309.341 of the
Revised Code are hereby repealed.
|
|