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H. B. No. 609 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend section 742.63 of the Revised Code to
provide Ohio Public Safety Officers Death Benefit
Fund coverage to drug agents and to investigators
and special agents of the Bureau of Criminal
Identification and Investigation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 742.63 of the Revised Code be amended
to read as follows:
Sec. 742.63. The board of trustees of the Ohio police and
fire pension fund shall adopt rules for the
management of the Ohio
public safety officers death benefit fund and
for disbursements of
benefits as set forth in this section.
(A) As used in this section:
(1)
"Member" means
all of the following:
(a) A member of the Ohio police and fire
pension fund,
including a member of the fund who has elected to participate in
the deferred retirement option plan established under section
742.43 of the Revised Code or
a
member of or contributor to a
police or firemen's relief and
pension fund established under
former Chapter 521. or 741. of the
Revised Code;
(b) A member of the state highway patrol
retirement system,
including a member who is participating in the deferred retirement
option plan established under section 5505.50 of the Revised Code;
(c) A member of the public employees retirement
system who at
the time of the member's death was
one of the following:
(i) A county sheriff
or deputy sheriff;
(ii) A full-time regular police officer in a municipal
corporation or township;
(iii) A full-time regular firefighter
employed by
the state,
an instrumentality of the state, a municipal
corporation, a
township, a joint fire district, or another political
subdivision;
(iv) A full-time park district ranger or patrol trooper;
(v) A full-time law enforcement officer of the department of
natural
resources;
(vi) A full-time
department of public safety enforcement
agent;
(vii) A full-time law
enforcement
officer
of parks, waterway
lands, or reservoir lands under the control of
a municipal
corporation;
(viii) A full-time law enforcement officer of a
conservancy
district;
(ix) A correction officer at an institution
under the control
of a county, a group of counties, a municipal
corporation, or the
department of rehabilitation and correction;
(x) A state university law enforcement officer;
(xi) An investigator, as defined in section 109.541 of the
Revised Code, or an investigator commissioned as a special agent
of the bureau of criminal identification and investigation.
(xii) A drug agent, as defined in section 145.01
of the
Revised Code.
(d) A member of a
retirement system operated by a municipal
corporation who at the
time of death was a full-time law
enforcement officer of
parks, waterway lands, or reservoir lands
under the control of
the municipal corporation.
(2) Notwithstanding section 742.01 of the Revised Code,
"fire
or police department" includes a fire department of the
state or
an instrumentality of the state or of a municipal
corporation,
township, joint fire district, or other political
subdivision, the
state highway patrol, a county sheriff's office,
the security
force of an institution under the control of the
department of
rehabilitation and correction, the security force
of
a jail or
workhouse under the control of a county, group of
counties, or
municipal corporation, the security force of a
metropolitan,
county, or township park district, the security
force of lands
under the control of the department of natural
resources,
department of public safety enforcement agents, the
security force
of
parks,
waterway lands, or reservoir lands under
the control of
a
municipal corporation, the security force of a
conservancy
district, the police department of a township or
municipal
corporation, and the police force of a state university.
(3)
"Firefighter or police
officer" includes a state highway
patrol
trooper, a county sheriff or deputy sheriff, a correction
officer
at an institution under the control of a county, a group
of
counties, a municipal corporation, or the department of
rehabilitation and correction, a police officer
employed by a
township
or municipal corporation, a firefighter employed by the
state, an
instrumentality of the state, a municipal corporation, a
township,
a joint fire district, or another political subdivision,
a full-time
park district ranger or patrol trooper, a full-time
law enforcement
officer of the department of natural resources, a
full-time
department of public safety
enforcement agent, a
full-time law enforcement officer of parks, waterway lands, or
reservoir lands under the control of a municipal corporation, a
full-time law enforcement officer of a conservancy district, and
a
state university law enforcement officer.
(4)
"Correction officer" includes, in addition to any
correction officer, any correction corporal, sergeant,
lieutenant,
or captain, and the equivalents of all such persons.
(5)
"A park district ranger or patrol trooper" means
a peace
officer commissioned to make arrests, execute warrants, and
preserve the peace upon lands under the control of a board of
park
commissioners of a metropolitan, county, or township park
district.
(6)
"Metropolitan, county, or township park district"
means a
park district created under the authority of Chapter 511.
or 1545.
of the Revised Code.
(7)
"Conservancy district" means a conservancy district
created under the authority of Chapter 6101. of the Revised Code.
(8)
"Law enforcement officer" means an officer
commissioned
to make arrests, execute warrants, and preserve the
peace upon
lands under the control of the governmental entity
granting the
commission.
(9)
"Department of natural resources law enforcement
officer"
includes a forest officer designated pursuant to section
1503.29
of the Revised Code, a preserve officer designated
pursuant to
section 1517.10 of the Revised Code, a wildlife officer
designated
pursuant to section 1531.13 of the Revised Code, a
park officer
designated pursuant to section 1541.10 of the
Revised Code, and a
state watercraft officer designated pursuant
to section 1547.521
of the Revised Code.
(10)
"Retirement eligibility date" means the last day of
the
month in which a deceased member would have first become
eligible,
had the member lived, for the retirement pension provided under
section 145.33,
Chapter 521. or 741., division (C)(1) of section
742.37, or division
(A)(1) of section 5505.17 of the Revised Code
or provided by a
retirement system operated by a municipal
corporation.
(11)
"Death benefit amount" means an amount equal to the full
monthly salary received by a deceased member prior to death, minus
an amount
equal to the benefit received under section 145.45,
742.37, 742.3714, or
5505.17 of the Revised Code or the benefit
received from a retirement system operated by a
municipal
corporation, plus any increases in salary that would have been
granted the deceased member.
(12)
"Killed in the line of duty" means either of the
following:
(a) Death in the line of duty;
(b) Death from injury sustained in the line
of duty,
including heart attack or other fatal injury or illness caused
while
in the line of duty.
(B) A spouse of a deceased member shall receive a death
benefit each month equal to the full death benefit amount,
provided that
the deceased member was a firefighter or police
officer
killed in the line of duty and there are no surviving
children eligible for a benefit under this section. The spouse
shall
receive this benefit during the spouse's
natural life until
the deceased member's
retirement eligibility date, on which
date
the benefit provided under this division shall terminate.
(C)(1) If a member killed in the line of duty as a
firefighter or police
officer is
survived only by a child or
children, the child or children
shall receive a benefit each month
equal to the full death benefit
amount. If there is more than one
surviving
child, the
benefit shall be divided equally among these
children.
(2) If the death benefit paid under this division is divided
among two or
more surviving children and any of the children
become ineligible to continue
receiving a portion of the benefit
as provided in division (H) of
this section, the full death
benefit amount shall be paid to the remaining
eligible child or
divided among the eligible children so that the benefit paid
to
the remaining eligible child or children equals the full death
benefit
amount.
(3) Notwithstanding divisions (C)(1)
and (2) of this
section,
all
death benefits paid under this division shall
terminate on the
deceased member's retirement eligibility date.
(D) If a member killed in the line of duty as a
firefighter
or police officer is survived by both a spouse and a
child or
children, the monthly benefit provided shall be as
follows:
(1)(a) If there is a surviving spouse and one surviving
child, the spouse shall receive an amount
each month equal to
one-half of
the full death benefit amount and the
child shall
receive an amount equal to one-half of the
full death benefit
amount.
(b) If the surviving spouse dies or the
child becomes
ineligible as provided in division (H) of this section, the
surviving
spouse or child remaining eligible shall receive the
full death benefit
amount.
(2)(a) If there is a surviving spouse and more than one
child, the spouse shall receive an amount
each month equal to
one-third of
the full death benefit amount and the
children shall
receive an amount, equally divided among them,
equal to two-thirds
of the full death benefit amount.
(b) If a spouse and more than one child each are receiving a
death benefit under division (D)(2)(a) of this
section and the
spouse dies, the children shall receive an amount each
month,
equally
divided among them, equal to the full death benefit
amount.
(c) If a spouse and more than one child each are receiving a
benefit under division (D)(2)(a) of this section and
any of the
children becomes ineligible to receive a benefit as provided in
division (H) of this section, the spouse and remaining eligible
child
or children shall receive a death benefit as follows:
(i) If there are two or more remaining eligible children,
the
spouse shall receive an amount each month equal to one-third
of
the full death
benefit amount and the children shall receive an
amount each month, equally
divided among them, equal to two-thirds
of the full death benefit amount;
(ii) If there is one remaining eligible child, the spouse
shall
receive an amount each month equal to one-half of the full
death benefit
amount, and the child shall receive an amount each
month equal to one-half of
the full death benefit amount.
(d) If a spouse and more than one child each are receiving a
benefit under division (D)(2)(a) of this section and
all of the
children become ineligible to receive a benefit as provided in
division (H) of this section, the spouse shall receive the full
death
benefit amount.
(3) Notwithstanding divisions (D)(1) and (2) of this
section,
death benefits paid under this division to a surviving
spouse
shall terminate on the member's
retirement
eligibility
date. Death
benefits paid
to a surviving child or children shall
terminate on
the deceased
member's retirement eligibility date
unless earlier
terminated
pursuant to division (H) of this
section.
(E) If a member, on or after January 1, 1980, is
killed in
the
line of duty as a firefighter or police officer and is
survived by
only a parent or parents
dependent upon the member for
support, the
parent or parents shall
receive an amount each month
equal to the full
death benefit amount. If there
is more than one
surviving parent dependent upon the deceased
member for support,
the death benefit amount shall
be divided equally among the
surviving parents. On the death of one of the
surviving parents,
the full death benefit amount shall be paid to the other
parent.
(F)(1) The following shall receive a monthly death benefit
under this division:
(a) A surviving spouse whose benefits are terminated in
accordance with division (B) or (D)(3) of this section on the
deceased member's retirement eligibility date, or who would
qualify for a benefit under division (B) or (D) of this section
except that the deceased member reached the member's retirement
eligibility date prior to the member's death;
(b) A qualified surviving spouse of a deceased member of or
contributor
to a police or firemen's relief and pension fund
established under
former Chapter 521. or 741. of the Revised Code
who was a firefighter
or police officer killed in the line of
duty.
(2) The monthly death benefit
shall be one-half of an amount
equal to the monthly salary
received by the deceased member prior
to the member's death, plus
any salary increases the deceased
member would
have received prior to
the member's
retirement
eligibility date. The benefit shall terminate on the
surviving
spouse's death. A death benefit payable
under
this division shall
be reduced by an amount equal to any
allowance or benefit payable
to the surviving spouse under
section 742.3714 of the Revised
Code.
(3) A benefit granted to a surviving spouse under division
(F)(1)(b) of this section shall commence on the first day of the
month immediately following receipt by the board of a completed
application on a form provided by the board and any evidence the
board may require to establish that the deceased spouse was killed
in the line of duty.
(G)(1) If there is not
a surviving spouse
eligible to
receive
a death benefit under division (F) of this
section or the
surviving spouse
receiving a death benefit under that division
dies,
a surviving
child or children whose benefits under division
(C) or (D) of this section
are or have been terminated pursuant to
division
(C)(3) or (D)(3) of this
section or who would qualify for
a benefit under division (C) or
(D) of this section except that
the deceased member reached the member's
retirement eligibility
date prior to the member's death shall receive a
monthly death
benefit under this division. The monthly death
benefit shall be
one-half of an amount equal to the monthly
salary received by the
deceased member prior to the member's death,
plus any salary
increases the member would have
received prior to
the member's
retirement eligibility date. If there is more than one surviving
child, the benefit shall be divided equally among the surviving
children.
(2) If two or more surviving children each are receiving a
benefit under this division and any of those children becomes
ineligible to
continue receiving a benefit as provided in division
(H) of this
section, the remaining eligible child or children
shall receive an amount
equal to one-half of the monthly salary
received by the deceased member prior
to death, plus any salary
increases the deceased member would have received
prior to the
retirement eligibility date. If there is more than one remaining
eligible child, the benefit shall be divided equally among the
eligible
children.
(3) A death benefit, or portion of a death benefit, payable
to
a surviving child under this division shall be reduced by an
amount equal to any allowance or benefit payable to that child
under section 742.3714 of the Revised Code, but the reduction in
that child's benefit shall not affect the amount payable to any
other surviving child entitled to a portion of the death benefit.
(H) A death benefit
paid to a surviving child under division
(C), (D), or
(G) of this section shall terminate on the death of
the child or,
unless one of the following is the case, when the
child reaches age eighteen:
(1) The child, because of physical or mental disability, is
unable to
provide the child's own support, in which case the death
benefit shall
terminate when the
disability is removed;
(2) The child is unmarried, under age twenty-two, and a
student in and
attending an institution of learning or training
pursuant to a program
designed to complete in each school year the
equivalent of at least two-thirds
of the full-time curriculum
requirements of the institution, as determined by
the trustees of
the fund.
(I) Acceptance of any death benefit under this section
does
not prohibit a spouse or child from receiving other benefits
provided under the Ohio police and fire pension
fund, the state
highway patrol retirement system, the public
employees retirement
system, or a retirement system operated by a
municipal
corporation.
(J) No person shall receive a benefit under this section
if
any of the following occur:
(1) The person fails to exercise the right to a monthly
survivor benefit under division (A) or (B) of section 145.45,
division (D), (E), or (F) of section 742.37, or division (A)(3),
(4), or (7) of section 5505.17 of the Revised Code; to a monthly
survivor benefit from a retirement system operated by a municipal
corporation; or to a retirement allowance under section 742.3714
of the Revised Code.
(2) The member's accumulated contributions under this
chapter
or Chapter
145. or 5505. of the Revised Code are refunded
unless
the
member had been a member of the public employees
retirement
system and had fewer than eighteen months of total
service credit
at the time of death.
(3) In the case of a full-time park district ranger or
patrol
trooper, a full-time law enforcement officer of
the
department
of
natural resources, a full-time law enforcement
officer of
parks,
waterway lands, or reservoir lands under the
control of a
municipal corporation, a full-time law enforcement
officer of a
conservancy district, a correction officer at an
institution
under
the control of a county, group of counties, or
municipal
corporation, or a member of a retirement system operated
by a
municipal corporation who at the time of the member's death
was a
full-time law enforcement officer of parks, waterway lands,
or
reservoir lands under the control of the municipal corporation,
the member died prior to April 9, 1981, in the case of a benefit
under division (B), (C), or (D) of this section, or prior to
January 1, 1980, in the case of a benefit under division (E) of
this section.
(4) In the case of a full-time department of public safety
enforcement
agent who prior to June 30, 1999, was a liquor control
investigator of the
department of public safety, the member died
prior to December 23, 1986;
(5) In the case of a full-time department of public safety
enforcement
agent other than an enforcement agent who, prior to
June 30,
1999, was a liquor control
investigator, the member died
prior to June 30, 1999.
(K) A surviving spouse whose benefit was terminated prior to
June
30, 1999,
due to
remarriage shall receive a benefit
under
division (B), (D), or (F)
of this section
beginning on the first
day of the month following
receipt by the board of an
application
on a form provided by the
board. The benefit amount shall be
determined as of that date.
(1) If the benefit will begin prior to the deceased member's
retirement
eligibility date, it shall be paid under division (B)
or (D)
of this section and shall terminate as provided in those
divisions. A benefit
paid to a surviving spouse under division
(D)
of this section shall be
determined in accordance with that
division, even if benefits paid to
surviving children are reduced
as a result.
(2) If the benefit will begin on or after the deceased
member's retirement
eligibility date, it shall be paid under
division (F) of this section
and shall terminate as provided in
that division. A benefit paid to a
surviving spouse under
division
(F) of this section shall be
determined in accordance
with that
division, even if benefits paid to
surviving children
are
terminated as a result.
Section 2. That existing section 742.63 of the Revised Code
is hereby repealed.
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