130th Ohio General Assembly
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H. B. No. 558  As Introduced
As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 558


Representative Batchelder 

Cosponsor: Representative Strahorn 



A BILL
To amend sections 145.201, 145.58, and 3501.12 of the Revised Code to increase the salary paid to members of boards of elections and to allow members of boards of elections to purchase additional service credit in the Public Employees Retirement System.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.201, 145.58, and 3501.12 of the Revised Code be amended to read as follows:
Sec. 145.201.  (A) Subject to the limit described in division (C) of this section, any As used in this section, "eligible member" means a member of the public employees retirement system who is either of the following:
(1) A member who has been appointed by the secretary of state pursuant to section 3501.06 of the Revised Code to serve on a county board of elections;
(2) Any member who is or has been an elected official of the state or any political subdivision thereof or has been appointed by the governor with the advice and consent of the senate to serve full-time as a member of a board, commission, or other public body.
A member of a board, commission, or other public body shall be considered to be serving fulltime if full-time service is required by law or if the director of administrative services determines that the duties of the position require full-time service.
(B) Subject to the limit described in division (D) of this section, an eligible member may at any time prior to retirement purchase additional service credit in an amount not to exceed thirty-five per cent of the service credit allowed the member for the period of service as an elected or appointed official eligible member subsequent to January 1, 1935, other than credit for military service, part-time service, and service subject to the tax on wages imposed by the "Federal Insurance Contributions Act," 68A Stat. 415 (1954), 26 U.S.C.A. 3101, as amended.
The (1) A member who is or has been an elected or appointed official may purchase the additional service credit may be purchased by paying into the employees' savings fund an amount computed by multiplying by the employee contribution rate in effect at the time of purchase the member's official's earnable salary for the period of service upon which the purchased credit is based, by the number of years or portions thereof of additional service credit to be purchased, and by paying into the employers' accumulation fund an amount equal to the full amount paid into the employees' savings fund.
(2) A member of a board of elections may purchase the additional service credit by paying to the retirement system for each year, or portion of a year, purchased an amount equal to the additional liability resulting from the purchase of that year of service, or portion of year of service, as determined by an actuary employed by the public employees retirement board.
(3) If a an eligible member purchases less than the full amount of the additional service credit to which the member is entitled, the period of service upon which the purchase is computed shall be the member's earliest period of such service. The member shall receive full credit for such additional elective service in computing an allowance or benefit under section 145.20, 145.33, 145.331, 145.34, 145.36, 145.361, or 145.46 of the Revised Code, notwithstanding any other provision of this chapter. The payment to the employees' savings fund and the employers' accumulation fund retirement system for such additional elective service credit under this section shall, in the event of death or withdrawal from service, be considered as accumulated contributions of the member.
A member of a board, commission, or other public body shall be considered to be serving full-time if full-time service is required by law or if the director of administrative services determines that the duties of the position require full-time service.
(B)(C) Notwithstanding division (A)(B) of this section, a member who purchased service credit under this section prior to January 1, 1980, on the basis of part-time service shall be permitted to retain the credit and shall be given full credit for it in computing an allowance or benefit under section 145.20, 145.33, 145.331, 145.34, 145.36, 145.361, or 145.46 of the Revised Code. The public employees retirement board has no authority to cancel or rescind such credit.
(C)(D) A purchase made under this section shall not exceed the limits established by division (n) of section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415(n), as amended.
(D)(E) Subject to rules adopted by the public employees retirement board, a member who has purchased service credit under this section is entitled to be refunded all or a portion of the actual amount the member paid for the service credit if, in computing an age and service retirement allowance under division (A)(5) of section 145.33 of Revised Code, the allowance exceeds the limit established by division (A)(6) of that section.
A refund under this division cancels the equivalent amount of service credit.
(F) Credit for which the cost is calculated under division (B)(2) of this section is subject to the restriction of division (A)(1) of section 145.58 of the Revised Code.
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 division (B)(2) of section 145.201 or 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)(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. 3501.12.  The annual compensation of members of the board of elections shall be determined on the basis of the population of the county according to the next preceding federal census, and shall be paid monthly out of the appropriations made to the board and upon vouchers or payrolls certified by the chairperson, or a member of the board designated by it, and countersigned by the director or in the director's absence by the deputy director. Upon presentation of any such voucher or payroll, the county auditor shall issue a warrant upon the county treasurer for the amount thereof as in the case of vouchers or payrolls for county offices and the treasurer shall pay such warrant.
(A) Except as provided in divisions (B) and (C) of this section, the amount of annual compensation of members of the board shall be as follows:
(1) Eighty-five One hundred eighty-five dollars and seventy-six cents for each full one thousand of the first one hundred thousand population;
(2) Forty Eighty-eight dollars and fifty fifty-one cents for each full one thousand of the second one hundred thousand population;
(3) Twenty-two Forty-eight dollars and eight cents for each full one thousand of the third one hundred thousand population;
(4) Six Fourteen dollars and seventy-five cents for each full one thousand above three hundred thousand population.
(B) Except as provided in division (C) of this section, the compensation of a member of the board shall not be less than three seven thousand three hundred seventy-five dollars and ninety-one cents and shall not exceed twenty forty-three thousand seven hundred nine dollars and eight cents annually.
(C) In calendar year 2001, the annual compensation of each member of the board shall be computed after increasing the dollar amounts specified in divisions (A) and (B) of this section by three per cent.
(D) In calendar year 2002, the annual compensation of each member of the board shall be computed after increasing by three per cent the dollar amounts used to compute the compensation of a member under division (C) of this section.
(E) In calendar year 2003 and thereafter, the annual compensation of each member of the board shall be computed after increasing by three per cent the dollar amounts used to compute the compensation of a member under division (D) of this section.
For the purposes of this section, members of boards of elections shall be deemed to be appointed and not elected, and therefore not subject to Section 20 of Article II of the Ohio Constitution.
Section 2. That existing sections 145.201, 145.58, and 3501.12 of the Revised Code are hereby repealed.
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