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H. B. No. 558 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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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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