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Am. Sub. H. B. No. 16 As Concurred by the HouseAs Concurred by the House
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Dodd, Letson, Brown, Combs, Domenick, Foley, Gerberry, Goyal, Heard, Koziura, Luckie, Mallory, Pryor, Slesnick, Stewart, Szollosi, Williams, B., Williams, S., Winburn, Yates
Senators Gillmor, Harris
A BILL
To amend sections 124.15, 124.18, 124.181, 124.34,
124.385, 124.392, 126.05, 2305.24, 2305.25,
4121.04, and
4123.511 of the Revised Code to make
certain reductions in state employee benefits, to
make changes to
the Industrial Commission Law, to
make
operating appropriations for the period
beginning July 1, 2009,
and ending July 7, 2009,
to authorize transfers from the Budget
Stabilization Fund in fiscal year 2009, to make
certain
non-General Revenue Fund appropriations
for fiscal year 2010, to
make debt service
appropriations for the FY 2010-FY 2011
biennium,
to make
appropriations for the Industrial
Commission
for
the biennium beginning July 1,
2009, and
ending
June 30, 2011, and to provide
authorization
and
conditions for the operation
of Commission
programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101. That sections 124.15, 124.18, 124.181, 124.34,
124.385, 124.392, 126.05, 2305.24,
2305.25, 4121.04, and
4123.511 of the Revised Code be amended to read as follows:
Sec. 124.15. (A) Board and commission members appointed
prior to July 1,
1991, shall be paid a salary or wage in
accordance with the following
schedules of rates:
Pay Ranges and Step Values
Range |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
23 |
Hourly |
5.72 |
5.91 |
6.10 |
6.31 |
|
Annually |
11897.60 |
12292.80 |
12688.00 |
13124.80 |
|
Step 5 |
Step 6 |
|
|
|
Hourly |
6.52 |
6.75 |
|
|
|
Annually |
13561.60 |
14040.00 |
|
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
24 |
Hourly |
6.00 |
6.20 |
6.41 |
6.63 |
|
Annually |
12480.00 |
12896.00 |
13332.80 |
13790.40 |
|
Step 5 |
Step 6 |
|
|
|
Hourly |
6.87 |
7.10 |
|
|
|
Annually |
14289.60 |
14768.00 |
|
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
25 |
Hourly |
6.31 |
6.52 |
6.75 |
6.99 |
|
Annually |
13124.80 |
13561.60 |
14040.00 |
14539.20 |
|
Step 5 |
Step 6 |
|
|
|
Hourly |
7.23 |
7.41 |
|
|
|
Annually |
15038.40 |
15412.80 |
|
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
26 |
Hourly |
6.63 |
6.87 |
7.10 |
7.32 |
|
Annually |
13790.40 |
14289.60 |
14768.00 |
15225.60 |
|
Step 5 |
Step 6 |
|
|
|
Hourly |
7.53 |
7.77 |
|
|
|
Annually |
15662.40 |
16161.60 |
|
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
27 |
Hourly |
6.99 |
7.23 |
7.41 |
7.64 |
|
Annually |
14534.20 |
15038.40 |
15412.80 |
15891.20 |
|
Step 5 |
Step 6 |
Step 7 |
|
|
Hourly |
7.88 |
8.15 |
8.46 |
|
|
Annually |
16390.40 |
16952.00 |
17596.80 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
28 |
Hourly |
7.41 |
7.64 |
7.88 |
8.15 |
|
Annually |
15412.80 |
15891.20 |
16390.40 |
16952.00 |
|
Step 5 |
Step 6 |
Step 7 |
|
|
Hourly |
8.46 |
8.79 |
9.15 |
|
|
Annually |
17596.80 |
18283.20 |
19032.00 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
29 |
Hourly |
7.88 |
8.15 |
8.46 |
8.79 |
|
Annually |
16390.40 |
16952.00 |
17596.80 |
18283.20 |
|
Step 5 |
Step 6 |
Step 7 |
|
|
Hourly |
9.15 |
9.58 |
10.01 |
|
|
Annually |
19032.00 |
19926.40 |
20820.80 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
30 |
Hourly |
8.46 |
8.79 |
9.15 |
9.58 |
|
Annually |
17596.80 |
18283.20 |
19032.00 |
19926.40 |
|
Step 5 |
Step 6 |
Step 7 |
|
|
Hourly |
10.01 |
10.46 |
10.99 |
|
|
Annually |
20820.80 |
21756.80 |
22859.20 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
31 |
Hourly |
9.15 |
9.58 |
10.01 |
10.46 |
|
Annually |
19032.00 |
19962.40 |
20820.80 |
21756.80 |
|
Step 5 |
Step 6 |
Step 7 |
|
|
Hourly |
10.99 |
11.52 |
12.09 |
|
|
Annually |
22859.20 |
23961.60 |
25147.20 |
|
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
32 |
Hourly |
10.01 |
10.46 |
10.99 |
11.52 |
|
Annually |
20820.80 |
21756.80 |
22859.20 |
23961.60 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
Hourly |
12.09 |
12.68 |
13.29 |
13.94 |
|
Annually |
25147.20 |
26374.40 |
27643.20 |
28995.20 |
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
33 |
Hourly |
10.99 |
11.52 |
12.09 |
12.68 |
|
Annually |
22859.20 |
23961.60 |
25147.20 |
26374.40 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
Hourly |
13.29 |
13.94 |
14.63 |
15.35 |
|
Annually |
27643.20 |
28995.20 |
30430.40 |
31928.00 |
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
34 |
Hourly |
12.09 |
12.68 |
13.29 |
13.94 |
|
Annually |
25147.20 |
26374.40 |
27643.20 |
28995.20 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
Hourly |
14.63 |
15.35 |
16.11 |
16.91 |
|
Annually |
30430.40 |
31928.00 |
33508.80 |
35172.80 |
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
35 |
Hourly |
13.29 |
13.94 |
14.63 |
15.35 |
|
Annually |
27643.20 |
28995.20 |
30430.40 |
31928.00 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
Hourly |
16.11 |
16.91 |
17.73 |
18.62 |
|
Annually |
33508.80 |
35172.80 |
36878.40 |
38729.60 |
|
Step 1 |
Step 2 |
Step 3 |
Step 4 |
36 |
Hourly |
14.63 |
15.35 |
16.11 |
16.91 |
|
Annually |
30430.40 |
31928.00 |
33508.80 |
35172.80 |
|
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
Hourly |
17.73 |
18.62 |
19.54 |
20.51 |
|
Annually |
36878.40 |
38729.60 |
40643.20 |
42660.80 |
Pay Range and Values
Range |
Minimum |
Maximum |
41 Hourly |
10.44 |
15.72 |
|
Annually |
21715.20 |
32697.60 |
42 Hourly |
11.51 |
17.35 |
|
Annually |
23940.80 |
36088.00 |
43 Hourly |
12.68 |
19.12 |
|
Annually |
26374.40 |
39769.60 |
44 Hourly |
13.99 |
20.87 |
|
Annually |
29099.20 |
43409.60 |
45 Hourly |
15.44 |
22.80 |
|
Annually |
32115.20 |
47424.00 |
46 Hourly |
17.01 |
24.90 |
|
Annually |
35380.80 |
51792.00 |
47 Hourly |
18.75 |
27.18 |
|
Annually |
39000.00 |
56534.40 |
48 Hourly |
20.67 |
29.69 |
|
Annually |
42993.60 |
61755.20 |
49 Hourly |
22.80 |
32.06 |
|
Annually |
47424.00 |
66684.80 |
(B) The pay schedule of all employees shall be on a
biweekly
basis, with amounts computed on an hourly basis.
(C) Part-time employees shall be compensated on an hourly
basis for time worked, at the rates shown in division (A) of this
section or in section 124.152 of the Revised Code.
(D) The salary and wage rates in division (A) of this
section
or in section 124.152 of the Revised Code represent base
rates of
compensation and may be augmented by the provisions of
section
124.181 of the Revised Code. In those cases where
lodging, meals,
laundry, or other personal services are furnished
an employee in
the service of the state, the actual costs or fair market value of
the
personal services shall
be paid by the employee in such
amounts and manner as determined
by the director of administrative
services and approved by the
director of budget and management,
and those personal
services shall not be
considered as a part of
the employee's compensation. An
appointing authority that appoints
employees in the service of the state, with the approval of the
director of
administrative services and the director of budget and
management, may establish payments to employees for uniforms,
tools, equipment, and other requirements of the department and
payments for the maintenance of them.
The director of administrative services may review
collective
bargaining agreements entered into under Chapter 4117.
of the
Revised Code that cover employees in the service of the state and
determine
whether certain benefits or payments provided to the
employees
covered by those agreements should also be provided to
employees in the service of the state who are
exempt from
collective
bargaining coverage and are paid in accordance with
section 124.152 of the
Revised Code or are listed in division
(B)(2) or (4) of section
124.14 of the Revised Code. On
completing
the review, the director of administrative services,
with the
approval of the director of budget and management, may
provide to
some or all of these employees any payment or
benefit, except for
salary, contained in such a collective bargaining agreement even
if
it is similar to a
payment or benefit already provided by law
to some or all of these
employees. Any payment or benefit so
provided shall not exceed
the highest level for that payment or
benefit specified in such a
collective bargaining agreement. The
director of administrative
services shall not provide, and the
director of budget and
management shall not approve, any payment
or benefit to such an
employee under this division unless the
payment or benefit is
provided pursuant to a collective bargaining
agreement to a state
employee who is in a position with similar
duties as, is supervised
by, or is employed by the same appointing
authority as, the
employee to whom the benefit or payment is to be
provided.
As used in this division, "payment or benefit already
provided by
law" includes, but is not limited to,
bereavement,
personal, vacation, administrative, and
sick leave, disability
benefits, holiday pay, and pay
supplements provided under the
Revised Code,
but does not include wages or salary.
(E) New employees paid in accordance with schedule B of
division
(A) of this section or schedule E-1 of section 124.152 of
the Revised Code shall be employed at the minimum rate
established
for the range unless otherwise provided. Employees
with
qualifications that are beyond the minimum normally required
for
the position and that are determined by the director to be
exceptional may be employed in, or may be transferred or promoted
to, a position at an advanced step of the range. Further, in
time
of a serious labor market condition when it is relatively
impossible to recruit employees at the minimum rate for a
particular classification, the entrance rate may be set at an
advanced step in the range by the director of administrative
services. This rate may be limited to geographical regions of
the
state. Appointments made to an advanced step under the
provision
regarding exceptional qualifications shall not affect
the step
assignment of employees already serving. However,
anytime the
hiring rate of an entire classification is advanced
to a higher
step, all incumbents of that classification being paid
at a step
lower than that being used for hiring, shall be
advanced beginning
at the start of the first pay period
thereafter to the new hiring
rate, and any time accrued at the
lower step will be used to
calculate advancement to a succeeding
step. If the hiring rate of
a classification is increased for
only a geographical region of
the state, only incumbents who
work in that geographical region
shall be advanced to a higher
step. When an employee in the
unclassified service changes from
one state position to another or
is appointed to a position in
the classified service, or if an
employee in the classified
service is appointed to a position in
the unclassified service,
the employee's salary or wage in the new
position shall be determined in the
same manner as if the employee
were an employee in the classified service.
When an employee in
the unclassified service who is not eligible for step
increases is
appointed to a classification in the classified service under
which step increases are provided, future step increases shall be
based on the
date on which the employee last received a pay
increase. If the employee has
not received an
increase during the
previous year, the date of the appointment to the
classified
service shall be used to determine the employee's annual step
advancement eligibility date. In reassigning any employee to a
classification resulting in a pay range increase or
to a new pay
range as a result of a promotion, an increase pay range
adjustment, or other classification change resulting in a pay
range increase,
the director shall assign such employee to the
step in the new pay
range that will provide an increase of
approximately four per cent if the new
pay range can accommodate
the increase. When an employee
is being assigned to a
classification or new pay range as the result of
a class
plan
change, if the employee has completed a probationary period,
the
employee
shall be placed in a step no lower than step two of the
new pay range. If the
employee has not completed a probationary
period, the employee may be placed
in step one of the new pay
range. Such new salary or wage shall become
effective on such date
as the director determines.
(F) If employment conditions and the urgency of the work
require such action, the director of administrative services may,
upon the application of a department head, authorize payment at
any rate established within the range for the class of work, for
work of a casual or intermittent nature or on a project basis.
Payment at such rates shall not be made to the same individual
for
more than three calendar months in any one calendar year. Any such
action
shall be subject to the approval of the director
of budget
and management as to the availability of funds. This
section and
sections 124.14 and 124.152 of the Revised Code do
not repeal any
authority of any department or public official to
contract with or
fix the compensation of professional persons who
may be employed
temporarily for work of a casual nature or for
work on a project
basis.
(G)(1) Except as provided in division divisions (G)(2) and
(3) of this section,
each state employee paid in accordance with
schedule B of
this
section or schedule E-1 of section 124.152 of
the
Revised Code
shall be eligible for advancement to
succeeding
steps in the range
for the employee's class or grade according to
the schedule
established in this
division. Beginning on the first
day of the
pay period within
which the employee completes the
prescribed
probationary period
in the employee's classification
with the
state, each employee shall receive
an automatic salary
adjustment
equivalent to the next higher step
within the pay
range for the
employee's class or grade.
Each Except as provided in divisions (G)(2) and (3) of this
section, each employee paid in accordance with schedule E-1 of
section
124.152 of the Revised
Code shall be eligible to advance
to the
next higher step until
the employee reaches the top step
in the
range for the employee's class or grade, if the employee
has
maintained satisfactory performance in accordance with
criteria
established by the employee's appointing authority. Those
step
advancements
shall not occur more frequently than once in
any
twelve-month period.
When an employee is promoted or
reassigned to a higher pay
range, the employee's
step indicator shall return to "0" or be
adjusted to account for a
probationary period, as appropriate.
When an employee is promoted, the step entry date shall be set to
account for a probationary period. When an employee is reassigned
to a higher pay range, the step entry date shall be set to allow
an employee who is not at the highest step of the range to receive
a step advancement one year from the reassignment date. Step
advancement
shall not be affected by demotion. A promoted
employee shall advance to the
next higher step of the pay range on
the first day of the pay
period in which the required probationary
period is completed.
Step advancement shall become effective at
the beginning of the
pay period within which the employee attains
the necessary length
of service. Time spent on authorized leave of
absence shall be
counted for this purpose.
If determined to be in the best interest of the state
service, the director of
administrative services may, either
statewide or in selected agencies, adjust
the dates on which
annual step advancements are received by employees paid in
accordance with
schedule E-1 of section 124.152 of the Revised
Code.
(2)(a)(i) Except as provided in division (G)(2)(a)(ii) of
this section, there There shall be a moratorium on annual step
advancements
under division (G)(1) of this section from the pay
period
beginning June 29, 2003 June 21, 2009, through the pay
period ending June 25,
2005 June 20, 2011. Step advancements
shall resume with the pay period beginning
June 26, 2005 June 21,
2011. Upon the resumption of step advancements, there
shall be no
retroactive step advancements for the period the
moratorium was
in effect. The moratorium shall not affect an
employee's
performance evaluation schedule.
(ii) During the moratorium under division (G)(2)(a)(i) of
this section, an employee who is hired or promoted and serves a
probationary period in the employee's new position shall advance
to the next step in the employee's pay range upon successful
completion of the employee's probationary period. Thereafter, the
employee is subject to the moratorium.
An employee who begins a
probationary period before June 21, 2009, shall advance to the
next step in the employee's pay range at the end of probation, and
then become subject to the moratorium. An employee who is hired,
promoted, or reassigned to a higher pay range between June 21,
2009, through June 20, 2011, shall not advance to the next step in
the employee's pay range until the next anniversary of the
employee's date of hire, promotion, or reassignment that occurs on
or after June 21, 2011.
(b) The moratorium under division (G)(2)(a)(i) of this
section shall apply to the employees of the secretary of state,
the auditor of state, the treasurer of state, and the attorney
general, who are subject to this section unless the secretary of
state, the auditor of state, the treasurer of state, or the
attorney general decides to exempt the office's employees from the
moratorium and so notifies the director of administrative services
in writing on or before July 1, 2003 July 1, 2009.
(3) Employees in intermittent positions shall be employed at
the minimum rate established for the pay range for their
classification and are not eligible for step advancements.
(H) Employees in appointive managerial or professional
positions paid in accordance with schedule C of this section or
schedule E-2 of section 124.152 of the Revised Code may be
appointed at any rate within the appropriate pay range. This
rate
of pay may be adjusted higher or lower within the respective
pay
range at any time the appointing authority so desires as long
as
the adjustment is based on the employee's ability to
successfully
administer those duties assigned to the employee. Salary
adjustments shall not be made more frequently than once in any
six-month period under this provision to incumbents holding the
same position and classification.
(I) When an employee is assigned to duty outside this
state,
the employee may be compensated, upon request of the department
head
and with the approval of the director of administrative
services,
at a rate not to exceed fifty per cent in excess of the
employee's current
base rate for the period of time spent on that
duty.
(J) Unless compensation for members of a board or
commission
is otherwise specifically provided by law, the
director of
administrative services shall establish the rate and
method of
payment for members of boards and commissions pursuant
to the pay
schedules listed in section 124.152 of the Revised
Code.
(K) Regular full-time employees in positions assigned to
classes within the instruction and education administration
series
under the rules of the director of administrative
services, except
certificated employees on the instructional
staff of the state
school for the blind or the state school for
the deaf, whose
positions are scheduled to work on the basis of
an academic year
rather than a full calendar year, shall be paid
according to the
pay range assigned by such rules but only during
those pay periods
included in the academic year of the school
where the employee is
located.
(1) Part-time or substitute teachers or those whose period
of
employment is other than the full academic year shall be
compensated for the actual time worked at the rate established by
this section.
(2) Employees governed by this division are exempt from
sections 124.13 and 124.19 of the Revised Code.
(3) Length of service for the purpose of determining
eligibility for step advancements as provided by division (G) of
this section and for the purpose of determining eligibility for
longevity pay supplements as provided by division (E) of section
124.181 of the Revised Code shall be computed on the basis of one
full year of service for the completion of each academic year.
(L) The superintendent of the state school for the deaf
and
the superintendent of the state school for the blind shall,
subject to the approval of the superintendent of public
instruction, carry out both of the following:
(1) Annually, between the first day of April and the last
day
of June, establish for the ensuing fiscal year a schedule of
hourly rates for the compensation of each certificated employee
on
the instructional staff of that superintendent's respective school
constructed as follows:
(a) Determine for each level of training, experience, and
other professional qualification for which an hourly rate is set
forth in the current schedule, the per cent that rate is of the
rate set forth in such schedule for a teacher with a bachelor's
degree and no experience. If there is more than one such rate
for
such a teacher, the lowest rate shall be used to make the
computation.
(b) Determine which six city, local, and exempted village
school districts with territory in Franklin county have in effect
on, or have adopted by, the first day of April for the school
year
that begins on the ensuing first day of July, teacher salary
schedules with the highest minimum salaries for a teacher with a
bachelor's degree and no experience;
(c) Divide the sum of such six highest minimum salaries by
ten thousand five hundred sixty;
(d) Multiply each per cent determined in division
(L)(1)(a)
of this section by the quotient obtained in division
(L)(1)(c) of
this section;
(e) One hundred five per cent of each product thus
obtained
shall be the hourly rate for the corresponding level of
training,
experience, or other professional qualification in the
schedule
for the ensuing fiscal year.
(2) Annually, assign each certificated employee on the
instructional staff of the superintendent's respective
school to
an hourly rate on the schedule that is commensurate with the
employee's training, experience, and other professional
qualifications.
If an employee is employed on the basis of an academic
year,
the employee's annual salary shall be calculated by multiplying
the
employee's assigned hourly rate times one thousand seven
hundred sixty. If
an employee is not employed on the basis of an
academic year, the employee's
annual salary shall be calculated in
accordance with the
following formula:
(a) Multiply the number of days the employee is required
to
work pursuant to the employee's contract by eight;
(b) Multiply the product of division (L)(2)(a) of this
section by the employee's assigned hourly rate.
Each employee shall be paid an annual salary in biweekly
installments. The amount of each installment shall be calculated
by dividing the employee's annual salary by the number of
biweekly
installments to be paid during the year.
Sections 124.13 and 124.19 of the Revised Code do not apply
to an employee who is paid under this division.
As used in this division, "academic year" means the number
of
days in each school year that the schools are required to be
open
for instruction with pupils in attendance. Upon completing
an
academic year, an employee paid under this division shall be
deemed to have completed one year of service. An employee paid
under this division is eligible to receive a pay supplement under
division (L)(1), (2), or (3) of section 124.181 of the Revised
Code for which the employee qualifies, but is not eligible to
receive a pay
supplement under division (L)(4) or (5) of that
section.
An
employee paid under this division is eligible to
receive a pay
supplement under division (L)(6) of section 124.181
of the
Revised Code for which the employee qualifies, except that
the supplement
is not limited to a maximum of five per cent of the
employee's
regular base salary in a calendar year.
(M) Division (A) of this section does not apply to "exempt
employees," as defined in section 124.152 of the Revised Code,
who
are paid under that section.
Notwithstanding any other provisions of this chapter, when
an
employee transfers between bargaining units or transfers out
of or
into a bargaining unit, the director of administrative services
shall establish the
employee's compensation and adjust the maximum
leave accrual
schedule as the director deems equitable.
Sec. 124.18. (A) Forty hours shall be the standard work
week
for all employees whose salary or wage is paid in whole or in
part by the state or by any state-supported college or
university.
When any employee whose salary or wage is paid in
whole or in part
by the state or by any state-supported college
or university is
required by an authorized administrative
authority to be in an
active pay status more than forty hours in
any calendar week, the
employee shall be compensated for such
time over
forty hours,
except as otherwise provided in this section, at one
and one-half
times the employee's regular rate of pay. The use of sick
leave or
any leave used in lieu of sick leave shall not be considered to be
active pay status for the purposes of
earning overtime or
compensatory time by employees whose wages are paid
directly by
warrant of the director of budget and management. A flexible-hours
employee is not entitled to compensation for overtime work unless
the employee's authorized administrative authority required
the
employee to be in
active pay status for more than forty hours in a
calendar week,
regardless of the number of hours the employee
works on any
day in the same calendar week.
Such compensation for overtime work shall be paid no
later
than at the conclusion of the next succeeding pay period.
If the employee elects to take compensatory time off in
lieu
of overtime pay for any overtime worked, such compensatory
time
shall be granted by the employee's administrative
superior, on a
time
and one-half basis, at a time mutually convenient to the
employee
and the administrative superior. Compensatory time is not
available for use until it appears on the employee's earning
statement and the compensation described in the earning statement
is available to the employee.
An employee may accrue
compensatory time to a maximum of two
hundred forty hours, except
that public safety employees and other
employees who meet the
criteria established in the "Federal Fair
Labor Standards Act of
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213,
as amended, may
accrue a maximum of four hundred eighty hours of
compensatory
time. An employee shall be paid at the employee's
regular
rate of pay for
any hours of compensatory time accrued in
excess of these maximum
amounts if the employee has not used the
compensatory time within
one three hundred eighty sixty-five days
after it is granted, if the employee
transfers to another agency
of the state, or if a change in the
employee's status exempts the
employee from the payment of
overtime
compensation. Upon the
termination of employment, any employee
with accrued but unused
compensatory time shall be paid for that
time at a rate that is
the greater of the employee's final
regular rate of pay or the
employee's average regular rate of pay
during the employee's last
three years of employment with
the state.
No overtime, as described in this section, can be paid
unless
it has been authorized by the authorized administrative
authority.
Employees may be exempted from the payment of
compensation as
required by this section only under the criteria
for exemption
from the payment of overtime compensation
established in the
"Federal Fair Labor Standards Act of 1938," 52
Stat. 1060, 29
U.S.C.A. 207, 213, as amended. With the approval
of the director
of administrative services, the appointing
authority may establish
a policy to grant compensatory time or to
pay compensation to
state employees who are exempt from overtime
compensation. With
the approval of the board of county commissioners, a
county human
services department may establish a policy to grant compensatory
time or to pay compensation to employees of the department who are
exempt from
overtime compensation.
(B)(1) An employee, whose salary or wage is paid in whole or
in
part by the state, shall be paid for the holidays declared in
section 124.19 of the Revised Code and shall not be required to
work on those holidays, unless, in the opinion of the employee's
responsible administrative authority, failure to work on those
holidays would impair the public service. An
(2) An employee paid directly by
warrant of the director of
budget and management who is scheduled to work on a holiday the
first day of January, the commemoration of memorial day, the
fourth day of July, the fourth Thursday in November, or the
twenty-fifth day of December and who
does not report to work the
day before, the day of, or the day after the holiday due to an
illness of the employee or of a member of
the employee's immediate
family shall not receive holiday pay as provided by
this division,
unless the employee can provide documentation of extenuating
circumstances that prohibited the employee from so reporting to
work. An If the employee works a shift between the employee's
scheduled shift and the holiday, the employee shall be paid for
the holiday.
(3) An employee also shall not be paid
for a holiday unless
the employee was in active pay status on the scheduled
work day
immediately preceding the holiday, except that an employee need
not be in active pay status on that work day in order to be paid
for the holiday if the employee is participating in a mandatory or
voluntary cost savings day under section 124.392 of the Revised
Code.
(2)(4) If any
of the holidays declared in section 124.19 of
the Revised Code
falls on Saturday, the Friday immediately
preceding
shall be observed as the holiday. If any of the
holidays
declared in section 124.19 of the Revised Code falls on Sunday,
the Monday immediately succeeding shall be
observed as the
holiday. Employees whose work schedules are
based on the
requirements of a seven-days-a-week work operation shall observe
holidays on the actual days specified in section 124.19 of the
Revised Code.
(3)(5) If an employee's work schedule is other
than Monday
through Friday, the employee shall be entitled to eight hours of
holiday pay for holidays observed on the employee's day off
regardless
of the day of the
week on which they are observed.
(4)(6) A full-time permanent employee
is entitled to a
minimum of eight hours of pay for each holiday regardless of
the
employee's work shift and work schedule. A
flexible-hours
employee, who is normally scheduled to work in excess of eight
hours on a day on which a holiday falls, either shall be required
to work an alternate schedule for that week or shall receive
additional holiday pay for the hours the employee is normally
scheduled to work. Such an alternate schedule may require a
flexible-hours employee to work five shifts consisting of eight
hours each during the week including the holiday, and, in that
case, the employee shall receive eight hours of holiday pay for
the day the holiday is observed.
(5) Part-time (7) Except as provided under section 124.392 of
the Revised Code, part-time permanent
employees shall receive four
hours of holiday pay on a pro-rated basis, based upon the daily
average of actual hours worked, excluding overtime hours worked,
in the previous calendar quarter. The figure shall be calculated
for the preceding calendar quarter on the first day of January,
April, July, and October of each year regardless of the employee's
work shift and work schedule.
(6)(8) When an employee who is eligible for overtime pay
under
this section is required by the employee's responsible
administrative
authority to work on the day observed as a holiday,
the
employee shall be
entitled to pay for such time worked at one
and one-half times
the employee's regular rate of pay in addition
to the
employee's regular pay, or to be
granted compensatory time
off at time and one-half thereafter, at
the employee's option.
Payment at such rate shall be excluded in
the calculation of hours
in active pay status.
(C) Each appointing authority may designate the number of
employees in an agency who are flexible-hours employees. The
appointing authority may establish for each flexible-hours
employee a specified minimum number of hours to be worked each
day
that is consistent with the "Federal Fair Labor Standards Act
of
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended.
(D) This section shall be uniformly administered for
employees as defined in
section 124.01 of the Revised Code and by
the personnel
departments of state-supported colleges and
universities for
employees of state-supported colleges and
universities. If employees are
not paid directly by warrant of the
director of budget and management, the political
subdivision
shall
determine whether the use of sick leave shall be considered to be
active
pay status for purposes of those employees earning overtime
or compensatory
time.
(E) Policies relating to the payment of overtime pay or the
granting of compensatory time off shall be adopted by the
chief
administrative officer of the house of representatives for
employees
of the house of representatives, by the clerk of the
senate for
employees of the senate, and by the director of the
legislative
service commission for all other legislative
employees.
(F) As used in this section, "regular rate of pay" means the
base rate of pay an employee receives plus any pay supplements
received pursuant to section 124.181 of the Revised Code.
Sec. 124.181. (A) Except as provided in division divisions
(M) and (P) of
this
section, any employee paid in accordance with
schedule B of
section 124.15 or schedule E-1 or schedule E-1 for
step seven only
of section 124.152 of the
Revised Code is
eligible for the pay
supplements provided in
this section
upon
application by the
appointing authority substantiating the
employee's qualifications
for the supplement and with the
approval of the director of
administrative services except as
provided in division (E) of this
section.
(B)(1) Except as provided in section 124.183 of the Revised
Code, in computing any of the pay supplements provided in
this
section for an employee paid in accordance with schedule B of
section 124.15 of the Revised Code, the classification salary base
shall be the minimum
hourly rate of the pay range, provided in
that section, in which the employee is assigned at
the time of
computation.
(2) Except as provided in section 124.183 of the Revised
Code, in computing any of the pay supplements provided in this
section for an employee paid in accordance with schedule E-1 of
section 124.152 of the Revised Code, the classification salary
base shall be the minimum hourly rate of the pay range, provided
in that section, in which the employee is assigned at the time of
computation.
(3) Except as provided in section 124.183 of the Revised
Code, in computing any of the pay supplements provided in this
section for an employee paid in accordance with schedule E-1 for
step seven only of section 124.152 of the Revised Code, the
classification salary base shall be the minimum hourly rate in the
corresponding pay range, provided in schedule E-1 of that section,
to which the employee is assigned at the time of the computation.
(C) The effective date of any pay supplement, except as
provided in section 124.183 of the Revised Code or unless
otherwise provided in this section, shall be determined
by
the
director.
(D) The director shall, by rule, establish standards
regarding the administration of this section.
(E)(1) Except as otherwise provided in this division,
beginning on the first day of the pay period within which the
employee completes five years of total service with the state
government or any of its political subdivisions, each employee in
positions paid in accordance with schedule B of
section 124.15 of
the Revised Code
or in accordance with schedule E-1 or schedule
E-1 for step seven only of section 124.152 of the Revised
Code
shall receive an automatic salary adjustment equivalent to
two and
one-half per cent of the classification salary base, to
the
nearest whole cent. Each employee shall receive thereafter
an
annual adjustment equivalent to one-half of one per cent of
the
employee's classification salary base, to the nearest
whole cent,
for
each additional year of qualified employment until a maximum
of
ten per cent of the employee's classification salary base is
reached. The granting of longevity adjustments shall not be
affected by promotion, demotion, or other changes in
classification held by the employee, nor by any change in pay
range for the employee's class or grade. Longevity pay adjustments
shall become
effective at the beginning of the pay period within
which the
employee completes the necessary length of service,
except that when an employee requests credit for prior
service,
the effective date of the prior service credit and of
any
longevity adjustment shall be the first day of the pay period
following approval of the credit by the director of
administrative
services. No employee, other than an employee who
submits proof of
prior service within ninety days after the date
of the employee's
hiring, shall receive any longevity adjustment for the
period
prior to the director's approval of a prior service
credit. Time
spent on authorized leave of absence shall be
counted for this
purpose.
(2) An employee who has retired in accordance with the
provisions of any retirement system offered by the state and who
is employed by the state or any political subdivision of the
state
on or after June 24, 1987, shall not have prior service
with the
state or any political subdivision of the state counted
for the
purpose of determining the amount of the salary
adjustment
provided under this division.
(3) There shall be a moratorium on employees' receipt under
this division of credit for service with the state government or
any of its political subdivisions during the period from July 1,
2003, through June 30, 2005. In calculating the number of years of
total service under this division, no credit shall be included for
service during the moratorium. The moratorium shall apply to the
employees of the secretary of state, the auditor of state, the
treasurer of state, and the attorney general, who are subject to
this section unless the secretary of state, the auditor of state,
the treasurer of state, or the attorney general decides to exempt
the office's employees from the moratorium and so notifies the
director of administrative services in writing on or before July
1, 2003.
If an employee is exempt from the moratorium, receives credit
for a period of service during the moratorium, and takes a
position with another entity in the state government or any of its
political subdivisions, either during or after the moratorium, and
if that entity's employees are or were subject to the moratorium,
the employee shall continue to retain the credit. However, if the
moratorium is in effect upon the taking of the new position, the
employee shall cease receiving additional credit as long as the
employee is in the position, until the moratorium expires.
(F) When an exceptional condition exists that creates a
temporary or a permanent hazard for one or more positions in a
class paid in accordance with schedule B of section
124.15 of the
Revised Code or in accordance with schedule E-1 or schedule E-1
for step seven only of section 124.152 of the
Revised Code, a
special hazard salary adjustment may be granted for the time the
employee is subjected to the hazardous condition. All special
hazard conditions shall be identified for each position and
incidence from information submitted to the director on an
appropriate form provided by the director and categorized into
standard conditions of: some unusual hazard not common to the
class; considerable unusual hazard not common to the class; and
exceptional hazard not common to the class.
(1) A hazardous salary adjustment of five per cent of the
employee's classification salary base may be applied in the case
of some unusual hazardous condition not common to the class for
those hours worked, or a fraction of those hours worked, while the
employee was
subject to the unusual hazard condition.
(2) A hazardous salary adjustment of seven and one-half
per
cent of the employee's classification salary base may be
applied
in the case of some considerable hazardous condition not
common to
the class for those hours worked, or a fraction
of those hours
worked, while the employee was subject to the considerable
hazard
condition.
(3) A hazardous salary adjustment of ten per cent of the
employee's classification salary base may be applied in the case
of some exceptional hazardous condition not common to the class
for those hours worked, or a fraction of those hours worked, when
the employee was
subject to the exceptional hazard condition.
(4) Each claim for temporary hazard pay shall be submitted
as
a separate payment and shall be subject to an administrative
audit
by the director as to the extent and duration of the
employee's
exposure to the hazardous condition.
(G) When a full-time employee whose salary or wage is paid
directly by warrant of the director of budget and management and
who also is eligible for
overtime under the "Fair Labor Standards
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as
amended, is
ordered by
the appointing authority to report back to work after
termination
of the employee's regular work schedule and the
employee reports, the employee shall be paid for
such time. The
employee shall be entitled to four hours
at the employee's total
rate of pay or overtime compensation for the actual
hours worked,
whichever is greater. This division
does not apply
to work that is
a continuation of or immediately preceding an
employee's regular
work schedule.
(H) When a certain position or positions paid in accordance
with
schedule B of section 124.15 of the Revised Code or in
accordance with schedule E-1 or schedule E-1 for step seven only
of section 124.152 of the Revised Code require the ability
to
speak or
write a language other than English, a special pay
supplement may
be granted to attract bilingual individuals, to
encourage present
employees to become proficient in other
languages, or to retain
qualified bilingual employees. The
bilingual pay supplement
provided in this division may be granted
in the amount of
five per cent of
the employee's classification
salary base for each required
foreign language and shall remain in
effect as long as the
bilingual requirement exists.
(I) The director of administrative services may establish a
shift differential for
employees. The differential shall be paid
to employees in
positions working in other than the regular or
first shift. In
those divisions or agencies where only one shift
prevails, no
shift differential shall be paid regardless of the
hours of the
day that are worked. The director and the appointing
authority
shall designate which positions shall be covered by this
division.
(J) Whenever an employee is assigned to work in a higher
level position for a continuous period of more than two weeks but
no more than two years because of a vacancy, the employee's
pay
may be established at a rate that is approximately
four per cent
above the employee's current base rate for the period the
employee
occupies the position, provided that this temporary occupancy
is
approved by
the director. Employees paid under this division
shall
continue
to receive any of the pay supplements due them under
other divisions
of this section based on the step one base rate
for their normal
classification.
(K) If a certain position, or positions, within a class
paid
in accordance with schedule B of section 124.15 of the Revised
Code or in accordance with schedule E-1 or schedule E-1 for step
seven only of section 124.152 of the Revised Code
are mandated by
state or federal law or regulation or other
regulatory agency or
other certification authority to have
special technical
certification, registration, or licensing to
perform the functions
which are under the mandate, a special
professional achievement
pay supplement may be granted. This
special professional
achievement pay supplement shall not be
granted when all
incumbents in all positions in a class require a
license as
provided in the classification description published
by the
department of administrative services; to licensees where
no
special or extensive training is required; when certification
is
granted upon completion of a stipulated term of in-service
training; when an appointing authority has required
certification;
or any other condition prescribed by the director.
(1) Before this supplement may be applied, evidence as to
the
requirement must be provided by the agency for each position
involved, and certification must be received from the director
as
to the
director's concurrence for each of the positions so
affected.
(2) The professional achievement pay supplement provided
in
this division shall be granted in an amount up to ten
per cent of
the
employee's classification salary base and shall remain in
effect
as long as the mandate exists.
(L) Those employees assigned to teaching supervisory,
principal, assistant principal, or superintendent positions who
have attained a higher educational level than a basic bachelor's
degree may receive an educational pay supplement to remain in
effect as long as the employee's assignment and classification
remain the same.
(1) An educational pay supplement of two and one-half per
cent of the employee's classification salary base may be applied
upon the achievement of a bachelor's degree plus twenty quarter
hours of postgraduate work.
(2) An educational pay supplement of an additional five
per
cent of the employee's classification salary base may be
applied
upon achievement of a master's degree.
(3) An educational pay supplement of an additional two and
one-half per cent of the employee's classification salary base
may
be applied upon achievement of a master's degree plus thirty
quarter hours of postgraduate work.
(4) An educational pay supplement of five per cent of the
employee's classification salary base may be applied when the
employee is performing as a master teacher.
(5) An educational pay supplement of five per cent of the
employee's classification salary base may be applied when the
employee is performing as a special education teacher.
(6) Those employees in teaching supervisory, principal,
assistant principal, or superintendent positions who are
responsible for specific extracurricular activity programs shall
receive overtime pay for those hours worked in excess of their
normal schedule, at their straight time hourly rate up to a
maximum of five per cent of their regular base salary in any
calendar year.
(M)(1) A state agency, board, or commission may establish a
supplementary compensation schedule for those licensed physicians
employed by the agency, board, or commission in positions
requiring a licensed physician. The supplementary compensation
schedule, together with the compensation otherwise authorized by
this chapter, shall provide for the total compensation for these
employees to range appropriately, but not necessarily uniformly,
for each classification title requiring a licensed physician, in
accordance with a schedule approved by the state controlling
board. The individual salary levels recommended for each such
physician employed shall be approved by the director.
Notwithstanding section 124.11 of the Revised Code, such
personnel
are in the unclassified civil service.
(2) The director of administrative services may approve
supplementary compensation for the director of health, if the
director is a
licensed physician, in accordance with a
supplementary compensation schedule
approved under division (M)(1)
of this section or in accordance with
another supplementary
compensation schedule the director of administrative
services
considers appropriate. The supplementary compensation shall not
exceed twenty per cent of the director of health's base rate of
pay.
(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,
117.42, and
131.02 of the Revised Code, the state shall not
institute any civil action to
recover and shall not seek
reimbursement for overpayments made in violation of
division (E)
of this section or division (C) of section 9.44 of the Revised
Code for the period starting after June 24, 1987, and ending on
October 31,
1993.
(O) Employees of the office of the treasurer of state who are
exempt from collective bargaining coverage may be granted a merit
pay
supplement of up to one and one-half per cent of their step
rate. The rate at
which this supplement is granted shall be based
on performance standards
established by the treasurer of state.
Any supplements granted under this
division shall be administered
on an annual basis.
(P) Intermittent employees appointed under section 124.30 of
the
Revised Code are not eligible for the pay supplements
provided by
this section.
Sec. 124.34. (A) The tenure of every officer or employee in
the classified service of the state and the counties, civil
service townships, cities, city health districts, general health
districts, and city school districts of the state, holding a
position
under this chapter, shall be during good
behavior and
efficient service. No
officer
or employee shall be reduced
in pay
or position, fined, suspended, or removed,
or have the
officer's
or employee's longevity reduced or eliminated,
except as
provided
in section 124.32 of the Revised Code, and for
incompetency,
inefficiency, dishonesty, drunkenness, immoral
conduct,
insubordination, discourteous treatment of the public,
neglect of
duty, violation of any policy or work rule of the officer's or
employee's appointing authority, violation of this chapter or the
rules of the
director of administrative services or the
commission, any
other
failure of good behavior, any other acts of
misfeasance,
malfeasance, or nonfeasance in office, or conviction
of a
felony.
The denial of a one-time pay supplement or a bonus to
an
officer or employee is not a reduction in pay for purposes of
this
section.
This section does not apply to any modifications or
reductions in pay authorized by section 124.392 of the
Revised
Code.
An appointing authority may require an employee who is
suspended
to report to work to serve the suspension. An employee
serving a
suspension in this manner shall continue to be
compensated at
the employee's regular rate of pay for hours
worked.
The
disciplinary action shall be recorded in the
employee's
personnel file in the same manner as
other disciplinary
actions and has the same effect as a
suspension without pay for
the purpose of recording disciplinary actions.
A finding by the appropriate ethics commission, based
upon a
preponderance of the evidence, that the facts alleged in a
complaint
under section
102.06 of the Revised Code constitute a
violation of Chapter
102., section 2921.42, or section 2921.43 of
the Revised Code may
constitute grounds for dismissal. Failure to
file a statement or
falsely filing a statement required by section
102.02 of the
Revised Code may also constitute grounds for
dismissal. The tenure of an
employee in the career professional
service of the department of
transportation is subject to section
5501.20 of the Revised Code.
Conviction of a felony is a separate basis for reducing in
pay or
position, suspending, or removing an officer or employee,
even if the officer
or employee has already been reduced in pay or
position, suspended, or removed
for the same conduct that is the
basis of the felony. An officer or employee
may not appeal to the
state
personnel board of review or the commission any disciplinary
action taken by
an appointing authority as a result of the
officer's or employee's conviction
of a felony. If an officer or
employee removed under this section is
reinstated as a result of
an appeal of the removal, any conviction of a felony
that occurs
during the pendency of the appeal is a basis for
further
disciplinary action under this section upon the officer's or
employee's reinstatement.
A person convicted of a felony immediately forfeits the
person's status as
a classified employee
in any public employment
on and after the date of
the conviction
for the felony. If an
officer or employee is removed under this section as a
result of
being convicted of a felony or is subsequently convicted of a
felony
that involves the same conduct that was the basis for the
removal, the officer
or employee is barred from receiving any
compensation after the removal
notwithstanding any modification or
disaffirmance of the removal, unless the
conviction for the felony
is subsequently reversed or
annulled.
Any person removed for conviction of a felony is entitled to
a cash payment
for any accrued but unused sick, personal, and
vacation leave as authorized by
law. If subsequently reemployed
in
the public sector,
the person shall
qualify for and accrue
these
forms of leave in the manner specified by law for
a newly
appointed employee and shall not be credited with prior public
service
for the purpose of receiving these forms of leave.
As used in this division, "felony" means any of the
following:
(1) A felony that is an offense of violence as defined in
section 2901.01
of the Revised Code;
(2) A felony that is a felony drug abuse offense as defined
in section
2925.01 of the Revised Code;
(3) A felony under the laws of this or any other state or
the
United States that is a crime of moral turpitude;
(4) A felony involving dishonesty, fraud, or theft;
(5) A felony that is a violation of section 2921.05,
2921.32,
or 2921.42
of the Revised Code.
(B) In case of a reduction,
a suspension of forty
or more
work hours in the case of an employee exempt from the
payment of
overtime compensation, a suspension of
twenty-four or more work
hours in the case of an employee
required to
be paid overtime
compensation,
a fine of forty or more
hours'
pay in the case of an
employee exempt from
the payment of
overtime
compensation, a fine
of
twenty-four
or more hours'
pay
in the case of an employee
required to be paid
overtime
compensation, or
removal, except for
the reduction or
removal of a
probationary
employee, the
appointing authority shall
serve the
employee with a copy of the
order of reduction, fine,
suspension,
or removal, which order
shall state the reasons for
the
action.
Within ten days following the date on which the order
is
served or, in the case of an employee in the career professional
service of the department of transportation, within ten days
following the
filing of a removal order, the employee, except as
otherwise
provided in this
section, may
file an
appeal of the
order in writing with the
state personnel
board of
review or the
commission. For purposes of
this section,
the date
on which an
order is served is the date of hand
delivery
of the
order or the
date of delivery of
the order by certified
United
States mail,
whichever occurs
first. If
an appeal is
filed,
the board or
commission shall forthwith notify the
appointing
authority
and
shall hear, or appoint a trial board to
hear, the
appeal within
thirty
days from and after its filing with
the board
or
commission. The board, commission, or trial board may
affirm,
disaffirm, or modify
the
judgment of the appointing
authority.
However, in an appeal of a removal order based upon a
violation of
a last chance agreement, the board, commission, or
trial board may
only determine if the employee violated the
agreement and thus
affirm or disaffirm the judgment of the
appointing authority.
In cases of removal or reduction in pay for disciplinary
reasons, either the appointing authority or the officer or
employee may appeal from the decision of the state personnel
board
of review or the commission, and any such appeal shall be to the
court of common pleas of
the
county in which the
appointing
authority is
located,
or to the court of common pleas of Franklin
county, as provided by
section
119.12 of the Revised Code.
(C) In the case of the suspension for any period of time, or
a fine,
demotion, or removal, of a chief of police, a chief of
a
fire
department, or any member of the police or fire department
of
a
city or civil service township, who is in the classified
civil
service, the appointing authority
shall
furnish
the
chief or
member
with a copy
of the
order of
suspension, fine, demotion, or
removal, which
order
shall
state
the reasons for the action.
The
order shall be
filed with the
municipal or civil service township
civil service
commission.
Within ten days following the filing of
the order,
the chief
or
member
may file an appeal, in
writing,
with the
commission. If
an
appeal is filed, the commission
shall
forthwith notify the
appointing authority and shall hear, or
appoint a
trial board to
hear, the appeal within thirty days from
and
after its filing with
the commission, and it may affirm,
disaffirm, or modify the
judgment of the appointing authority. An
appeal on
questions of
law and fact may be had from the
decision
of the
commission to the court of
common pleas in the county in
which
the city or civil service
township is situated.
The
appeal
shall be taken within thirty
days from the finding of the
commission.
(D) A violation of division (A)(7) of section 2907.03 of the
Revised
Code is grounds for termination of employment of a
nonteaching employee under
this section.
(E) As used in this section, "last chance agreement" means an
agreement signed by both an appointing authority and an officer or
employee of the appointing authority that describes the type of
behavior or circumstances that, if it occurs, will automatically
lead to removal of the officer or employee without the right of
appeal to the state personnel board of review or the appropriate
commission.
Sec. 124.385. (A) An employee is eligible for disability
leave benefits under this section if the employee has
completed
one year of continuous state service immediately prior to the date
of the disability and if
any of the following applies:
(1) The employee is a full-time permanent employee and is
eligible for sick leave credit pursuant to division (B) of section
124.382 of
the Revised Code.
(2) The employee is a part-time permanent employee who has
worked at least
fifteen hundred hours within the twelve-month
period immediately preceding the
date of disability and is
eligible for sick leave credit under division
(B) of section
124.382 of the Revised Code.
(3) The employee is a full-time permanent or part-time
permanent employee, is on
disability leave or leave of absence for
medical reasons, and would be
eligible for sick leave credit
pursuant to division (B) of
section 124.382 of the Revised Code
except that the employee
is in no pay
status due to the employee's
medical condition.
(B) The director of administrative services, by rule
adopted
in accordance with Chapter 119. of the Revised Code,
shall
establish a disability leave program. The rule shall
include, but
shall not be limited to, the following:
(1) Procedures to be followed for determining disability;
(2) Provisions for the allowance of disability leave due
to
illness or injury;
(3) Provisions for the continuation of service credit for
employees granted disability leave, including service credit
towards retirement, as provided by the applicable statute;
(4) The establishment of a minimum level of benefit and of a
waiting
period before benefits begin;
(5) Provisions setting a maximum length
of benefit and
requiring that employees eligible to
apply for disability
retirement shall do so prior to completing the
first six months of
their period of disability. The director's
rules shall indicate
those
employees required to apply for disability retirement. If
an
employee is approved to receive disability retirement, the
employee shall
receive the retirement benefit and a supplement
payment that equals a
percentage of the employee's base rate of
pay and that, when
added to the retirement benefit, equals no more
than the percentage of pay
received
by employees after the first
six months of
disability.
This supplemental payment shall not
be
considered
earnable salary, compensation, or salary, and is not
subject to
contributions, under Chapter 145., 742., 3307., 3309.,
or 5505.
of the Revised Code.
(6) Provisions that allow employees to utilize available
sick
leave, personal leave, compensatory time, or vacation leave
balances to
supplement
the benefits payable under this section.
The
balances used to
supplement the benefits, plus any amount
contributed by the state
as provided in division (D) of this
section, shall be paid at the
employee's base rate of pay in an
amount sufficient to give
employees up to one hundred per cent of
pay for time on
disability.
(7) Procedures for appealing denial of payment of a claim,
including the following:
(a) A maximum of thirty days to file an appeal by the
employee;
(b) A maximum of fifteen days for the parties to select a
third-party opinion pursuant to division (F) of this section,
unless an extension is agreed to by the parties;
(c) A maximum of thirty days for the third party to render
an
opinion.
(8) Provisions for approving leave of absence for medical
reasons where an employee is in no pay status because the
employee
has used all the employee's sick leave,
personal leave, vacation
leave, and
compensatory time;
(9) Provisions for precluding the payment of benefits if
the
injury for which the benefits are sought is covered by a
workers'
compensation plan;
(10) Provisions for precluding the payment of benefits in
order to ensure that benefits are provided in a consistent
manner.
(C) Except as provided in division (B)(6) of this section,
time off for an employee granted disability leave is not
chargeable to any other leave granted by other sections of the
Revised Code.
(D) While an employee is on an approved disability leave,
the
employer's and employee's share of health, life,
and other
insurance benefits shall be paid by the state, and the retirement
contribution shall be paid as follows:
(1) The employer's share shall be paid by the state.
(2) For the first three months, the employee's share shall
be
paid by the employee.
(3) After the first three months, the employee's share
shall
be paid by the state.
(E) The approval for disability leave shall be made by the
director, upon recommendation by the appointing authority. The
director may delegate to any appointing authority the authority to
approve disability benefits for a standard recovery period.
(F) If a request for disability leave is denied based on a
medical determination, the director shall obtain a medical
opinion
from a third party. The decision of the third party is
binding.
(G) The rule adopted by the director under division (B) of
this section shall not deny disability leave benefits for an
illness or injury to an employee who is a veteran of the United
States armed forces because the employee contracted the illness
or
received the injury in the course of or as a result of
military
service and the illness or injury is or may be covered
by a
compensation plan administered by the United States
department of
veterans affairs.
Sec. 124.392. (A) As used in this section, "exempt:
(1) "Exempt employee" has the same meaning as in section
124.152 of the Revised Code.
(2) "Fiscal emergency" means a fiscal emergency declared by
the governor under section 126.05 of the Revised Code.
(B) The director of administrative services may establish a
voluntary cost savings program for exempt employees. The
(C) The director of administrative services shall establish a
mandatory cost savings program applicable to exempt employees.
Subject to division (C)(1) of this section, the program may
include, but is not limited to, a loss of pay or loss of holiday
pay as determined by the director. The program may be administered
differently among exempt employees based on their classifications,
appointment categories, appointing authorities, or other relevant
distinctions.
(1) Each full-time exempt employee shall participate in the
program for a total of eighty hours of mandatory cost savings in
both fiscal year 2010 and fiscal year 2011. Each part-time exempt
employee shall participate in the program by not receiving holiday
pay during both fiscal year 2010 and fiscal year 2011. Each
employee of the secretary of state, auditor of state, treasurer of
state, and attorney general shall participate in the program
unless the secretary of state, auditor of state, treasurer of
state, or attorney general decides to exempt the officer's
employees from the program and so notifies the director of
administrative services in writing on or before July 1, 2009.
(2) After June 30, 2011, the director of administrative
services, in consultation with the director of budget and
management, may implement mandatory cost savings days applicable
to exempt employees in the event of a fiscal emergency. Each
employee of the secretary of state, auditor of state, treasurer of
state, and attorney general shall participate in the mandatory
cost savings days unless the secretary of state, auditor of state,
treasurer of state, or attorney general decides to exempt the
officer's employees from the mandatory cost savings days and so
notifies the director of administrative services in the manner the
director of administrative services prescribes by rule adopted
under this section.
(D) The director shall adopt rules in accordance with Chapter
119. of the Revised Code to provide for the administration of the
program mandatory cost savings program and days.
(E) The cost savings fund is hereby created in the state
treasury. Savings accrued through employee participation in the
mandatory cost savings program and in mandatory cost savings days
shall be allocated to the fund. The fund may be used to pay
employees who participated in the mandatory cost savings program
or in mandatory cost savings days. Any investment earnings of the
fund shall be credited to the fund.
Sec. 126.05. On or before the tenth day of each month, the
director of budget and management shall furnish to the governor
statements in such form as the governor requires showing the
condition of the general revenue fund. The statements shall
provide a summary of the status of appropriations to enable the
governor to exercise and maintain effective supervision and
control over the expenditures of the state. The director shall
also furnish statements the governor requests showing the
condition of any other fund.
If the governor ascertains that the available revenue
receipts and balances for the general revenue fund for the
current
fiscal year will in all probability be less than the
appropriations for the year, he the governor shall issue such
orders to the
state agencies as will prevent their expenditures
and incurred
obligations from exceeding such revenue receipts and
balances.
If the governor ascertains that the available revenue
receipts and balances for any fund other than the general revenue
fund for the current fiscal year will in all probability be less
than the appropriations for the year, he the governor may issue
such orders to
the state agencies as will prevent their
expenditures and
incurred obligations from exceeding such revenue
receipts and
balances.
If the governor determines that the available revenue
receipts and balances in any fund or across funds will likely be
less than the appropriations for the year, the
governor may
declare a fiscal emergency and may issue such orders
as necessary
to the director of budget and management to reduce
expenditures,
or to the director of administrative services to
implement
personnel actions consistent therewith, including, but
not
limited to, mandatory cost savings days under section 124.392 of
the
Revised Code.
As used in this section, "expenditures and incurred
obligations" includes all moneys expended or obligated pursuant
to
appropriations by the general assembly that are calculated and
distributed pursuant to a distribution formula in law.
Sec. 2305.24. Any information, data, reports, or records
made available to a quality assurance committee or utilization
committee of a hospital or long-term care facility or of any
not-for-profit health care
corporation that is a member of the
hospital or long-term care facility
or of which the hospital or
long-term care facility is a member
are confidential and
shall be
used by
the committee and the committee members only in
the
exercise of
the proper functions of the committee. Any
information, data,
reports, or records made available to a
utilization committee of
a state or local medical society composed
of doctors of medicine
or doctors of osteopathic medicine
are
confidential and shall be used by the committee and the
committee
members only in the exercise of the proper functions of
the
committee. A right of action similar to that a patient may
have
against an attending physician for misuse of information,
data,
reports, or records arising out of the physician-patient
relationship shall accrue against a member of a quality
assurance
committee or utilization committee for misuse of any
information,
data, reports, or records furnished to the committee
by an
attending physician. No physician, institution,
hospital, or
long-term care facility furnishing
information, data, reports, or
records to
a committee with respect to any patient examined or
treated by
the physician or confined in the institution,
hospital,
or long-term care facility
shall, by reason of the
furnishing, be
deemed liable in
damages to any person, or be held
to answer for
betrayal of a
professional confidence within the
meaning and
intent of section
4731.22 of the Revised Code.
Information, data,
or reports
furnished to a utilization committee
of a state or
local medical
society shall contain no name of any
person involved
therein.
Any information, data, reports, or records made available to
a quality assurance committee of the bureau of workers'
compensation or the industrial commission that is responsible for
reviewing the professional qualifications and the performance of
providers conducting medical examinations or file reviews for the
bureau or the commission are confidential and shall be used by the
committee and the committee members only in the exercise of the
proper functions of the committee.
As used in this section,
"utilization committee" is the
committee established to administer a utilization review plan of
a
hospital, of a not-for-profit health care corporation which is
a
member of the hospital or of which the hospital is a member, or
of
a skilled nursing facility as provided in
the
"Health Insurance
for the Aged Act," 79 Stat. 313 (1965), 42 U.S.C. 1395x(k).
Sec. 2305.25. As used in this section and sections 2305.251
to 2305.253 of the
Revised Code:
(A)(1) "Health care entity" means an entity,
whether acting
on its own behalf or
on behalf of or in
affiliation
with other
health care entities,
that conducts as part
of its
regular
business activities
professional credentialing or
quality review
activities
involving
the competence of, professional
conduct of,
or
quality of care
provided by health care providers, including
both
individuals who
provide health care and
entities that provide
health care.
(2) "Health care entity" includes any entity described in
division (A)(1) of this section, regardless of whether it is a
government entity; for-profit or nonprofit corporation; limited
liability company; partnership; professional corporation; state or
local society composed of physicians, dentists, optometrists,
psychologists, or pharmacists; or other health care organization.
(B) "Health insuring corporation" means an entity that holds
a certificate of authority under Chapter 1751. of the Revised
Code. "Health insuring
corporation" includes wholly owned
subsidiaries of a health
insuring corporation.
(C) "Hospital" means either of the following:
(1) An institution that has been registered or licensed by
the department of health as a hospital;
(2) An entity, other than an insurance company authorized to
do business in this state, that owns, controls, or is affiliated
with an institution that has been registered or licensed by the
department of health as a hospital.
(D) "Incident report or risk management report" means a
report of an incident involving injury or potential injury to a
patient as a result of patient care provided by health care
providers, including both individuals who provide health care and
entities that provide health care, that
is prepared by or for the
use of a peer review committee of a health care entity and is
within the scope of
the functions of that committee.
(E)(1) "Peer review committee" means a utilization review
committee, quality assessment committee, performance improvement
committee, tissue committee, credentialing committee, or other
committee that does either of the following:
(a) Conducts professional credentialing or quality
review
activities involving the competence of, professional conduct of,
or
quality of care provided by health care providers, including
both
individuals who provide health care
and entities that provide
health care;
(b) Conducts any other attendant hearing process initiated
as
a result of a peer review committee's recommendations or
actions.
(2) "Peer review committee" includes all of
the following:
(a) A peer review committee of a hospital or long-term care
facility or a peer review committee of a nonprofit health
care
corporation that is a member of the hospital or long-term care
facility or of which the
hospital
or facility is a member;
(b) A peer review committee of a community mental health
center;
(c) A board or committee of a hospital, a long-term care
facility, or other
health care entity when reviewing professional
qualifications or activities of health care providers, including
both individuals who provide health care and entities that provide
health care;
(d) A peer review committee, professional standards review
committee, or arbitration committee of a state or local society
composed of members who are in active practice as physicians,
dentists, optometrists, psychologists, or
pharmacists;
(e) A peer review committee of a health insuring corporation
that has at least a two-thirds majority of member physicians in
active practice and that conducts professional credentialing and
quality review activities involving the competence or professional
conduct of health care providers that adversely affects or could
adversely affect the health or welfare of any patient;
(f) A peer review committee of a
health insuring corporation
that has at least a two-thirds
majority of member physicians in
active
practice and that conducts
professional credentialing and
quality
review activities involving
the competence or professional
conduct
of a health care facility
that has contracted with the
health
insuring corporation to
provide health care
services to
enrollees,
which conduct adversely
affects, or could
adversely
affect, the
health or welfare of any
patient;
(g) A peer review committee of a sickness and accident
insurer that has at least a two-thirds
majority of physicians in
active practice and that conducts
professional credentialing and
quality review activities involving
the competence or professional
conduct of health care providers
that adversely affects or could
adversely affect the health or
welfare
of any patient;
(h) A peer review committee of a sickness and accident
insurer that has at least a two-thirds
majority of physicians in
active practice and that conducts
professional credentialing and
quality review activities involving
the competence or professional
conduct of a health care facility
that has contracted with the
insurer to provide health care
services to insureds, which conduct
adversely affects, or could
adversely affect, the health or
welfare of any patient;
(i) A peer review committee of any insurer authorized under
Title XXXIX of the Revised Code to do the business of medical
professional liability insurance in this state that conducts
professional quality review activities involving the competence or
professional conduct of health care providers that adversely
affects or could affect the health or welfare of any patient;
(j) A peer review committee of the bureau of workers'
compensation or the industrial commission that is responsible for
reviewing the professional qualifications and the performance of
providers conducting medical examinations or file reviews for the
bureau or the commission;
(k) Any other peer review committee of a health care entity.
(F) "Physician" means an individual authorized to practice
medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery.
(G) "Sickness and accident insurer" means an entity
authorized under Title XXXIX of the Revised Code to do the
business of sickness and accident insurance in this state.
(H) "Tort action" means a civil action for damages for
injury, death, or loss to a patient of a health care entity. "Tort
action" includes a product liability claim, as defined in section
2307.71 of the Revised Code, and an asbestos claim, as defined in
section 2307.91 of the Revised Code, but does not include a
civil
action for a breach of contract or another agreement between
persons.
Sec. 4121.04. (A) There is hereby created the industrial
commission nominating council consisting of four
five employer
representatives and, four labor representatives, one
representative from the Ohio association for justice, and two
members of
the public, each of a different political party, who
are
appointed by the governor. The
nominating council shall make
recommendations to
the governor for
the appointment of members
to
the
industrial
commission as
provided in section 4121.02 of
the
Revised Code.
(B) The governor shall make initial appointments to the
nominating council within fourteen days after October
20, 1993, by
appointing two persons, each of a
different political party, as
public representatives and the four
employer and four employee
representatives. In making the
appointments, the governor shall
select the members representing
employees from a list of eight
names submitted by the Ohio
federation of labor, the member
representing the Ohio association for justice from a list of two
names submitted by the Ohio association of justice, and the
members
representing employers from a
list of eight ten names
submitted
jointly by the major statewide Ohio
industry
organizations
representing self-insuring employers,
manufacturers,
retail
merchants, and chambers of commerce,
provided that such
organizations have been in existence since
prior to November 3,
1974, and further provided that from the
list submitted from the
organizations representing industry, the.
The governor shall
appoint at
least one member from each of the
Ohio industry
organizations which represent
self-insuring employers,
manufacturers, retail merchants, and
chambers of commerce. Of
the
list submitted by the Ohio industry organizations
representing
industry, two
individuals from each of the Ohio industry
organizations which represent
self-insuring employers,
manufacturers, retail merchants, and
chambers of commerce shall be
included in the list. One employer
and employee representative
shall serve an initial term of office
ending October 20, 1994, one
employer and one employee representative shall serve an initial
term of office ending October 20, 1995, one employer
and one
employee representative shall serve
an initial term of office
ending October 20, 1996,
and one employer and one employee
representative shall serve an initial term of office ending four
years after the effective date of this section. Thereafter,
terms
Terms
of office of employer and employee representatives are for
four
years, each term ending on the same day as the date of their
original appointment. The Ohio federation of labor for a vacancy
of an employee representative on the council, and the
Ohio
industry organizations, for a vacancy of an employer
representative on the council, shall submit to the
governor a
list
containing two names for appointment and the governor shall
appoint an individual from the list to fill the vacancy provided
that the list submitted to fill an industry representative
vacancy
shall contain the names of individuals who represent the
organizations for which a vacancy has occurred. One public
member
shall represent the interests of small business and shall
serve an
initial term of office ending October 20,
1994, and the remaining
public member
shall serve a term of office ending October 20,
1995. Thereafter, public
Public members shall serve for
a term of
two
years, each term ending on the same day as the date
of their
original appointment. The governor shall fill a vacancy
occurring
on the nominating council for a public
member in the
same manner
as for the original appointment but only for the
unexpired part of
the term. As used in this division, "small
business" means any
manufacturing establishment employing five
hundred or fewer
employees or any retail, or other service
establishment employing
one hundred or fewer employees. The representative from the Ohio
association for justice shall serve for a term of four years, each
term
ending on the twentieth day of October of the appropriate
year.
The governor shall fill a vacancy occurring on the
nominating
council for the representative from the Ohio
association for justice in the
same manner as the original
appointment. In the
event that an
appointment
to the council
does not
conform to
this division,
such
organizations may
challenge the appointment
pursuant to
division
(E) of this
section, provided that the industry
organizations only
may
challenge the appointment of an industry
representative, and
further provided that the labor
organization
only may challenge
the appointment of a labor
representative.
(C) At the time of the initial appointment of the members
to
the nominating council, the governor shall
immediately call
a
meeting of the nominating council in order to make
the initial
recommendations to the governor for the appointment of
industrial
commission members under section 4121.02 of the
Revised Code. At
that meeting, the members shall elect a
chairperson and such other
officers as it determines
necessary. Thereafter, the The
nominating
council
annually shall meet
and elect such officers as
it
determines appropriate and shall meet
at such other times as
it
determines appropriate in order to make
recommendations to the
governor for the appointment of industrial
commission members
pursuant to section 4121.02 of the Revised
Code.
(D) Members of the nominating council shall be paid
fifty
dollars per day and their actual and necessary expenses
while
engaged in the performance of their duties as members of
the
nominating council, which the industrial
commission shall
pay from
funds which the industrial commission uses to pay its
operating
expenses.
(E) An association generally recognized as representing the
interests of labor or industry may file, within fifteen days after
the
governor's
appointment of a member, a challenge in the common
pleas court of
Franklin county asserting that a representative
named to represent
its interests is not representative of the
interests the
appointee has been appointed to represent. An
appointee whose appointment
has been challenged shall not
receive
any pay nor serve on the nominating council
until the court,
acting
without a jury and following the expedited timetable
provided for hearing on
restraining orders in Civil Rule 65, makes
a determination
that the appointee is a true and qualified
representative of the group for
which the appointee is selected
and possesses all of the
qualifications.
A challenged appointee may request the attorney general to
represent
the appointee in an action brought under this division
and
the attorney general shall provide the appointee with
competent representation without charge.
(F) As used in this section, "Ohio industry organizations"
means all of the following organizations:
(1) The Ohio self-insurers' association;
(2) The Ohio manufacturers' association;
(3) The Ohio council of retail merchants;
(4) The Ohio chamber of commerce;
(5) The national federation of independent business.
Sec. 4123.511. (A) Within seven days after receipt of
any
claim under this chapter, the bureau of workers' compensation
shall notify the claimant and the employer of the claimant of the
receipt of the claim and of the facts alleged therein. If the
bureau receives from a person other than the claimant written or
facsimile information or information
communicated verbally
over
the telephone indicating that an injury or occupational disease
has occurred or been contracted which may be compensable
under
this chapter,
the bureau shall notify the
employee and the
employer of the information. If the information
is provided
verbally over the
telephone, the person
providing the information
shall provide written verification of
the information to the
bureau according to division (E) of
section 4123.84 of the Revised
Code. The receipt of the
information in writing or facsimile, or
if initially by
telephone, the
subsequent written verification,
and the notice by the bureau shall be
considered an application
for compensation under section 4123.84
or 4123.85 of the Revised
Code, provided that the conditions of
division (E) of section
4123.84 of the Revised Code apply to
information provided verbally
over
the telephone. Upon receipt of a claim, the bureau shall
advise the
claimant of the claim number assigned and the
claimant's right to
representation
in the processing of a claim or
to elect no representation. If
the bureau determines that a claim
is determined to be a
compensable lost-time claim, the bureau
shall notify the claimant
and the employer of the availability of
rehabilitation services.
No bureau or industrial commission
employee shall directly or
indirectly convey any information in
derogation of this right.
This section shall in no way abrogate
the bureau's responsibility
to aid and assist a claimant in the
filing of a claim and to
advise the claimant of the claimant's
rights under the law.
The administrator of workers' compensation shall assign all
claims and investigations to the bureau service office from which
investigation and determination may be made most expeditiously.
The bureau shall investigate the facts concerning an injury
or
occupational disease and ascertain such facts in whatever
manner
is most appropriate and may obtain statements of the
employee,
employer, attending physician, and witnesses in whatever
manner
is most appropriate.
The administrator,
with the
advice and consent of the bureau
of workers'
compensation board of directors, may adopt rules that
identify
specified medical
conditions that have a historical
record of
being allowed whenever
included in a claim. The
administrator
may grant immediate
allowance of any medical
condition identified
in those rules upon
the filing of a claim
involving that medical
condition and may
make immediate payment of
medical bills for any
medical condition
identified in those rules
that is included in a
claim. If an
employer contests the allowance
of a claim involving
any medical
condition identified in those
rules, and the claim is
disallowed,
payment for the medical
condition included in that
claim shall be
charged to and paid from
the surplus fund created
under section
4123.34 of the Revised
Code.
(B)(1) Except as provided in division (B)(2) of this
section,
in claims other than those in which the employer is a
self-insuring employer, if the administrator determines under
division (A) of this section that a claimant is or is not
entitled
to an award of compensation or benefits, the
administrator shall
issue an order no later than
twenty-eight days after the sending
of the notice under division
(A) of this section, granting or
denying the payment of the
compensation or benefits, or both as is
appropriate to the
claimant. Notwithstanding the time limitation
specified in this division for
the issuance of an order, if a
medical examination of the claimant is required
by statute, the
administrator promptly shall schedule the claimant for that
examination and shall issue an order no later than twenty-eight
days after
receipt of the report of the examination. The
administrator shall notify the
claimant and the
employer of the
claimant and their respective representatives in
writing of the
nature of the order and the amounts of
compensation and benefit
payments involved. The employer or
claimant may appeal the order
pursuant to division (C) of this
section within fourteen days
after the date of the receipt of the
order. The employer and
claimant may waive, in writing, their
rights to an appeal under
this division.
(2) Notwithstanding the time limitation specified in
division
(B)(1) of this section for the issuance of an order, if
the
employer certifies a claim for payment of compensation or
benefits, or both, to a claimant, and the administrator has
completed the investigation of the claim, the payment of
benefits
or compensation, or both, as is appropriate, shall commence upon
the later of the date of the certification or completion of the
investigation and issuance of the order by the administrator,
provided that the administrator shall issue the order no later
than the time limitation specified in division (B)(1) of this
section.
(3) If an appeal is made under division (B)(1) or (2) of
this
section, the administrator shall forward the claim file to
the
appropriate district hearing officer within seven days of the
appeal. In contested claims other than state fund claims, the
administrator shall forward the claim within seven days of the
administrator's
receipt of the claim to the industrial commission,
which shall refer
the claim to an appropriate district hearing
officer for a
hearing in accordance with division (C) of this
section.
(C) If an employer or claimant timely appeals the order of
the administrator issued under division (B) of this section or in
the case of other contested claims other than state fund claims,
the commission shall refer the claim to an appropriate district
hearing officer according to rules the commission adopts under
section 4121.36 of the Revised Code. The district hearing
officer
shall notify the parties and their respective
representatives of
the time and place of the hearing.
The district hearing officer shall hold a hearing on a
disputed issue or claim within
forty-five days after the filing of
the appeal under this division and
issue a decision within seven
days after holding the hearing. The
district hearing officer shall
notify the parties and their respective
representatives in writing
of the order. Any party may
appeal an
order issued under this
division pursuant to division (D) of this
section within fourteen
days after receipt of the order under
this division.
(D) Upon the timely filing of an appeal of the order of
the
district hearing officer issued under division (C) of this
section, the commission shall refer the claim file to an
appropriate staff hearing officer according to its rules adopted
under section 4121.36 of the Revised Code. The staff hearing
officer shall hold a hearing within forty-five days after the
filing of an appeal under this division and issue a decision
within seven days after holding the
hearing under this
division.
The staff hearing officer shall notify the parties and
their
respective representatives in writing of the staff hearing
officer's order. Any
party may appeal an order issued under this
division pursuant to
division (E) of this section within fourteen
days after receipt
of the order under this division.
(E) Upon the filing of a timely appeal of the order of the
staff hearing officer issued under division (D) of this section,
the commission or a designated staff hearing officer, on behalf of
the
commission, shall determine whether the commission
will hear
the appeal. If the commission or the designated staff
hearing
officer decides to hear the appeal, the
commission or the
designated staff hearing officer shall notify the
parties and
their respective representatives in
writing of the time and place
of the hearing. The commission
shall hold the hearing within
forty-five days after the filing of
the notice of appeal and,
within seven days after the conclusion
of the hearing, the
commission shall issue its order affirming,
modifying, or
reversing the order issued under division (D) of
this section. The
commission shall notify the parties and their
respective
representatives in writing of the order. If the
commission or the
designated staff hearing officer determines not to
hear the
appeal, within fourteen days after the filing of
the notice of
appeal expiration of the period in which an appeal of the order of
the staff hearing officer may be filed as provided in division (D)
of this section, the commission or the designated staff hearing
officer
shall issue an order to that effect and notify the
parties and
their respective representatives in writing of that
order.
Except as otherwise provided in this chapter and Chapters
4121., 4127., and 4131. of the Revised Code, any party may appeal
an order issued under this division to the court pursuant to
section 4123.512 of the Revised Code within sixty days after
receipt of the order, subject to the limitations contained in
that
section.
(F) Every notice of an appeal from an order issued under
divisions (B), (C), (D), and (E) of this section shall state the
names of the claimant and employer, the number of the claim, the
date of the decision appealed from, and the fact that the
appellant appeals therefrom.
(G) All of the following apply to the proceedings under
divisions (C), (D), and (E) of this section:
(1) The parties shall proceed promptly and without
continuances except for good cause;
(2) The parties, in good faith, shall engage in the free
exchange of information relevant to the claim prior to the
conduct
of a hearing according to the rules the commission adopts
under
section 4121.36 of the Revised Code;
(3) The administrator is a party and may appear and
participate at all
administrative proceedings on behalf of the
state insurance fund.
However, in cases in which the employer is
represented, the administrator
shall neither present arguments nor
introduce testimony that is cumulative to
that presented or
introduced by the employer or the employer's representative.
The
administrator may file an appeal under this section on behalf of
the
state insurance fund; however, except in cases arising under
section 4123.343
of the Revised Code, the administrator only may
appeal questions of law or
issues of fraud when the employer
appears in person or by representative.
(H) Except as provided in section 4121.63 of the Revised Code
and
division (K) of
this section, payments of compensation to a
claimant or on behalf of a
claimant as a result of any order
issued under this chapter shall commence
upon the earlier of the
following:
(1) Fourteen days after the date the administrator issues
an
order under division (B) of this section, unless that order is
appealed;
(2) The date when the employer has
waived the right to
appeal
a decision issued under division (B) of this section;
(3) If no appeal of an order has been filed under this
section or to a court under section 4123.512 of the Revised Code,
the expiration of the time limitations for the filing of an
appeal
of an order;
(4) The date of receipt by the employer of an order of a
district
hearing officer, a staff hearing officer, or
the
industrial commission issued under division (C), (D),
or (E) of
this section.
(I) Payments of medical benefits payable under this chapter
or
Chapter 4121., 4127., or 4131. of the Revised Code shall
commence upon the earlier of the following:
(1) The date of the issuance of the staff hearing
officer's
order under division (D) of this section;
(2) The date of the final administrative or judicial
determination.
(J)
The administrator shall charge the compensation payments
made in accordance with division (H) of this section or medical
benefits payments made in accordance with division (I) of this
section to an employer's experience immediately after the employer
has exhausted the employer's administrative appeals as provided in
this section or has waived the employer's right to an
administrative appeal under division (B) of this section, subject
to the adjustment specified in division (H) of section 4123.512 of
the Revised Code.
(K) Upon the final administrative or judicial
determination
under this section or section 4123.512 of the Revised Code of an
appeal of an order to pay compensation, if a claimant is found to
have
received compensation pursuant to a prior order which is
reversed upon
subsequent appeal, the claimant's
employer, if a
self-insuring
employer, or the bureau, shall withhold from any
amount to which the claimant becomes entitled pursuant to any
claim, past, present, or future, under Chapter 4121., 4123.,
4127., or 4131. of the Revised Code, the amount of previously paid
compensation to the claimant which, due to
reversal upon appeal,
the claimant is not entitled, pursuant to the
following criteria:
(1) No withholding for the first twelve weeks of temporary
total disability compensation pursuant to section 4123.56 of the
Revised Code shall be made;
(2) Forty per cent of all awards of compensation paid
pursuant to sections 4123.56 and 4123.57 of the Revised Code,
until the amount overpaid is refunded;
(3) Twenty-five per cent of any compensation paid pursuant
to
section 4123.58 of the Revised Code until the amount overpaid
is
refunded;
(4) If, pursuant to an appeal under section 4123.512 of
the
Revised Code, the court of appeals or the supreme court
reverses
the allowance of the claim, then no amount of any
compensation
will be withheld.
The administrator and self-insuring employers, as
appropriate, are subject
to the repayment schedule of this
division only with respect to an order to pay
compensation that
was properly paid under a previous order, but which is
subsequently reversed upon an administrative or judicial appeal.
The
administrator and self-insuring employers are not subject to,
but may utilize,
the repayment schedule of this division, or any
other lawful means, to collect
payment of compensation made to a
person who was not entitled to the
compensation due to fraud as
determined by the administrator or the industrial
commission.
(L) If a staff hearing officer or the commission fails to
issue a decision or the commission fails to refuse to hear an
appeal within the time periods required by this section, payments
to a claimant shall cease until the staff hearing officer or
commission issues a decision or hears the appeal, unless the
failure was due to the fault or neglect of the employer or the
employer agrees that the payments should continue for a longer
period of time.
(M) Except as otherwise provided in this section or section
4123.522 of the
Revised Code, no appeal is timely filed under this
section unless the
appeal is filed with the time limits set forth
in this section.
(N) No person who is not an employee of the bureau or
commission or who is not by law given access to the contents of a
claims file shall have a file in the person's possession.
(O) Upon application of a party who resides in
an area in
which an emergency or disaster is declared, the
industrial
commission and hearing officers of the commission may
waive the
time frame within which claims and appeals of claims
set forth in
this section must be filed upon a finding that the
applicant was
unable to comply with a filing deadline due to an
emergency or a
disaster.
As used in this division:
(1) "Emergency" means any occasion or instance for which
the
governor of Ohio or the president of the United
States
publicly
declares an emergency and orders state or federal
assistance to
save lives and protect property, the public health
and safety, or
to lessen or avert the threat of a catastrophe.
(2) "Disaster" means any natural catastrophe or fire,
flood,
or explosion, regardless of the cause, that causes damage
of
sufficient magnitude that the governor of Ohio or the
president of
the United States, through a public
declaration,
orders state or
federal assistance to alleviate damage, loss,
hardship, or
suffering that results from the occurrence.
Section 102. That existing sections 124.15, 124.18, 124.181,
124.34, 124.385, 124.392, 126.05, 2305.24, 2305.25,
4121.04, and
4123.511 of the Revised
Code are hereby repealed.
Section 201. All items in
this section are hereby
appropriated
out of
any
moneys in the
state treasury to the
credit of the
designated
fund. For all
appropriations made in this
section,
those in the
first column are
for fiscal
year 2010, and
those in
the second
column are for
fiscal year 2011.
FND |
AI |
|
AI TITLE |
|
|
FY 2010 |
|
|
FY 2011 |
OIC INDUSTRIAL COMMISSION
Workers' Compensation Fund Group
5W30 |
845321 |
|
Operating Expenses |
|
$ |
50,838,924 |
|
$ |
52,838,924 |
5W30 |
845402 |
|
Rent - William Green Building |
|
$ |
6,149,960 |
|
$ |
6,011,960 |
5W30 |
845410 |
|
Attorney General Payments |
|
$ |
3,793,650 |
|
$ |
3,793,650 |
TOTAL WCF Workers' Compensation |
|
|
|
|
|
|
Fund Group |
|
$ |
60,782,534 |
|
$ |
62,644,534 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
60,782,534 |
|
$ |
62,644,534 |
RENT - WILLIAM GREEN BUILDING
The foregoing appropriation item 845402, Rent - William
Green
Building, shall
be used for rent and operating expenses for
the
space occupied by the
Industrial Commission in the William
Green
Building.
Section 210. Nothing in this act shall affect the term
of
any member of the Industrial Commission Nominating Council
serving
on the effective date of this section.
The Governor shall appoint to the Industrial Commission
Nominating Council a person to serve as a member who represents
employers and a person to serve as a representative from the Ohio
Association for Justice not later than fourteen days after the
effective
date of this section, and those members shall take
office not
later than ninety days after the effective date of
this section.
The Governor shall choose the employer
representative from a list
of two names selected by the National
Federation of Independent
Business and shall appoint that
employer representative to a
term
ending October 20, 2013. The
Governor shall appoint the
representative from the Ohio
Association for Justice to a term ending October
20, 2010.
Except as otherwise provided in this section, the
appointments made by the Governor pursuant to this section shall
comply with section 4121.04 of the Revised Code, as amended by
this act.
Section 310. Within the limits set forth in this act, the
Director of Budget and Management shall establish accounts
indicating the source and amount of funds for each appropriation
made in this act, and shall determine the form and manner in which
appropriation accounts shall be maintained.
Section 315. Except as provided in divisions (C) and (D) of
this section, there is hereby appropriated for the period July
1,
2009, through July 7, 2009, to each agency, board,
commission,
department, office, authority, or other organization
for which an
appropriation was made by the 127th General
Assembly, out of
money
in the state treasury to the credit of the
respective
funds of the
state from which appropriations were made
for the
2009 fiscal
year, for each specific item for which an
appropriation was made
by the 127th General Assembly,
taking
into account
Controlling Board
actions
and executive budget
reductions,
an amount equal to the following:
(A) For General Revenue Fund appropriation items, seventy per
cent of one fifty-second of each item's adjusted spending levels
for the 2009 fiscal year as adjusted by all budget directives
issued by the Office of Budget and Management pursuant to
Executive Order 2008-01S. Where additional amounts are necessary
to pay the wages, benefits, and other payroll related expenses of
state employees, those additional amounts are hereby appropriated.
(B) For federal special revenue, state special revenue, or
proprietary appropriation items, one hundred per cent of one
fifty-second of each item's adjusted spending levels for the 2009
fiscal year as adjusted by all budget directives issued by the
Office of Budget and Management pursuant to Executive Order
2008-01S.
(C) It is expressly provided as follows:
(1) There is hereby appropriated from the money in the state
treasury an amount equal to one hundred per cent of spending
levels equal to the second foundation payment made in June of 2009
for appropriation item 200550, Foundation Funding.
(2) There is hereby appropriated from the money in the state
treasury an amount equal to one-twelfth of spending levels for the
2009 fiscal year for appropriation item 235501, State Share of
Instruction.
(3) There is hereby appropriated to those agencies mentioned
in Section 420 of this act those moneys received from the federal
government pursuant to the American Reinvestment and Recovery Act.
(4) There is hereby appropriated those amounts necessary for
expenses incurred in appropriation item 600525 for Medicaid. Rates
reimbursed for providers for the period from July 1, 2009, through
July 7, 2009, shall be the same as rates on June 29, 2009.
(5) No money is appropriated for programs or agencies that
were terminated by action of law, other than the expiration of an
appropriation item, prior to June 30, 2009.
(6) No money shall be spent by any state agency for any
program that is new or to the extent it has been expanded other
than by operation of law.
(7) Specific appropriations are made elsewhere in this act
for the purpose of paying debt service and financing costs on
bonds or notes of the state issued under the Ohio Constitution and
acts of the General Assembly. If it is determined that additional
appropriations are necessary for this purpose, such amounts are
hereby appropriated.
(8) No money is appropriated for any purpose for which
appropriations are made elsewhere in this act.
(9) No money is appropriated for capital purposes other than
by reappropriation of unexpended balances of existing
appropriations.
(10) No money is appropriated for purposes that have full
fiscal year 2010 appropriations by another act of the General
Assembly.
(D) There is hereby appropriated for the period July 1, 2009,
through July 7, 2009, to the legislative and judicial branches and
their respective agencies seventy per cent of one-fifty second of
those agencies'
adjusted spending levels for the 2009 fiscal year
as adjusted by
all budget directives issued by the Office of
Budget and
Management pursuant to the Executive Order 2008-01S.
The Director of Budget and Management shall make any
determinations necessary to decide which provision applies from
this section.
All appropriations contained in this act, except for
appropriation item 911401, Emergency Purposes/Contingencies and
appropriation item 911412, OBM-Uneven Cash Distribution, shall be
cumulative with any subsequent appropriation act of the 128th
General Assembly, and the Director of Budget and Management shall
account for expenditures from appropriations contained in this act
accordingly.
Section 320. There is hereby appropriated for the fiscal year
2010-2011 biennium, out of money in the state treasury to the
credit of the General Revenue Fund, the following sums:
CEB CONTROLLING BOARD
GRF |
911401 |
|
Emergency Purposes/Contingencies |
|
$ |
20,000,000 |
GRF |
911412 |
|
OBM-Uneven Cash Distribution |
|
$ |
250,000,000 |
TOTAL GRF General Revenue Fund |
|
$ |
270,000,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
270,000,000 |
EMERGENCY PURPOSES/CONTINGENCIES AND OBM-UNEVEN CASH
DISTRIBUTION
The foregoing appropriation item 911401, Emergency
Purposes/Contingencies, may be transferred by the Controlling
Board to any agency, board, commission, department, office,
authority, or other organization that urgently requires funds in
excess of those appropriated in Section 315 of this act because of
cash flow, seasonal, contractual obligation, or other special
factors.
The foregoing appropriation item 911412, OBM-Uneven Cash
Distribution, may be transferred by the Director of Budget and
Management to any agency, board, commission, department, office,
authority, or other organization when the Director determines that
because of cash flow, seasonal, contractual obligation, or other
special factors requiring a higher disbursement, the specific
appropriations made to the agency, board, commission, department,
office, authority, or other organization are inadequate to carry
out the purpose for which the specific appropriations are made.
For the same purposes as the preceding paragraph there is
hereby appropriated up to $200,000,000 from funds other than the
General Revenue Fund for use by the Director of Budget and
Management for Uneven Cash Distributions for non-GRF appropriation
items.
When transfers are made from either appropriation item
911401, Emergency Purposes/Contingencies, or 911412, OBM-Uneven
Cash
Distribution, to other appropriation items, the
appropriations to
the affected items shall be increased by any
estimated amount of
federal reimbursement that will be received.
Such additional
amounts are hereby appropriated.
Section 325. For the period July 1, 2009, through June 30,
2011, there is hereby appropriated from the General Revenue Fund,
Liquor Control Fund, and any other fund designated by or pursuant
to applicable proceedings authorizing the issuance of bonds,
notes,
or other obligations of the state issued pursuant to the
Ohio
Constitution and acts of the General Assembly, amounts
necessary
to fully and timely pay debt service and financing
costs on those
bonds, notes, or other obligations.
Section 330. There is hereby appropriated necessary amounts
determined by the Director of Budget and Management out of money
in the state treasury to the following appropriation items for the
fiscal year ending June 30, 2010, for the purposes of
administering the following employee benefits program in
accordance with law.
PAY EMPLOYEE BENEFITS FUNDS
Accrued Leave Liability Fund Group
8060 |
995666 |
|
Accrued Leave Fund |
8070 |
995667 |
|
Disability Fund |
1240 |
995673 |
|
Payroll Deductions |
8080 |
995668 |
|
State Employee Health Benefit Fund |
8090 |
995669 |
|
Dependent Care Spending Account |
8100 |
995670 |
|
Life Insurance Investment Fund |
8110 |
995671 |
|
Parental Leave Benefit Fund |
8130 |
995672 |
|
Health Care Spending Account |
8140 |
995674 |
|
Cost Savings Day Fund |
Except for the Cost Savings Day Fund described and
appropriated below, the foregoing funds shall be used consistent
with the purposes enumerated in Am. Sub. H.B. 119 of the 127th
General Assembly.
There is hereby appropriated the amounts determined necessary
by the Director of Budget and Management during the fiscal year
ending June 30, 2010, for appropriation item 995674, Cost Savings
Day Fund, which shall be used by the Director in accordance with
the
provisions of division (E) of section 124.392 of the Revised
Code to pay employees who participated
in a mandatory cost
savings program, or to reimburse employees who
did not fully
participate in a mandatory cost savings program by
the close of
each fiscal year. Notwithstanding any provision of
law to the
contrary, in fiscal year 2010 the Director may transfer
agency
savings achieved from the use of a mandatory cost savings
program
to the General Revenue Fund or any other fund as deemed
necessary
by the Director. The Director may make temporary cash
transfers
from the General Revenue Fund to ensure sufficient
balances in
the Cost Savings Fund and may replenish the General
Revenue Fund
for such transfers.
Section 335. There is hereby appropriated necessary amounts
determined by the Director of Budget and Management
out of money
in the state treasury to the following appropriation items during
the fiscal year
ending June 30, 2010, for the purposes of
administering and
distributing revenue distribution funds in
accordance with law.
REVENUE DISTRIBUTION FUNDS
Volunteer Firefighters' Dependents Fund
7085 |
800985 |
|
Volunteer Firemen's Dependents Fund |
Agency Fund Group |
4P80 |
001698 |
|
Cash Management Improvement Fund |
6080 |
001699 |
|
Investment Earnings |
7062 |
110962 |
|
Resort Area Excise Tax |
7063 |
110963 |
|
Permissive Tax Distribution |
7067 |
110967 |
|
School District Income Tax |
Holding Account Redistribution
R045 |
110617 |
|
International Fuel Tax Distribution |
Revenue Distribution Fund Group |
7049 |
038900 |
|
Indigent Drivers Alcohol Treatment |
7050 |
762900 |
|
International Registration Plan Distribution |
7051 |
762901 |
|
Auto Registration Distribution |
7054 |
110954 |
|
Local Government Property Tax Replacement - Utility |
7060 |
110960 |
|
Gasoline Excise Tax Fund |
7065 |
110965 |
|
Public Library Fund |
7066 |
800966 |
|
Undivided Liquor Permits |
7068 |
110968 |
|
State and Local Government Highway Distribution |
7069 |
110969 |
|
Local Government Fund |
7081 |
110981 |
|
Local Government Property Tax Replacement-Business |
7082 |
110982 |
|
Horse Racing Tax |
7083 |
700900 |
|
Ohio Fairs Fund |
GENERAL REVENUE FUND TRANSFERS TO LOCAL GOVERNMENT
PROPERTY
TAX REPLACEMENT FUND (FUND 7081)
Notwithstanding any provision of law to the contrary, in
fiscal year 2010, the Director of Budget and
Management may
transfer from the General Revenue Fund to the Local
Government
Property Tax Replacement Fund - Business (Fund 7081) in
the
Revenue Distribution Fund, those amounts necessary to
reimburse
local taxing units under section 5751.22 of the Revised
Code.
Also, in fiscal year 2010, the
Director of
Budget and Management
may make temporary transfers
from the
General Revenue Fund to
ensure sufficient balances in
the Local
Government
Property Tax
Replacement Fund - Business (Fund
7081)
and
to replenish the
General Revenue Fund for such
transfers.
Section 340. TRANSFERS FROM THE BUDGET STABILIZATION FUND
Notwithstanding any provision of law to the contrary, the
Director of Budget and Management, in fiscal year 2009,
may
transfer cash from the Budget Stabilization Fund to the
General
Revenue Fund. The transferred funds are to be used to help balance
General Revenue Fund
revenues
with General Revenue Fund current
expenses in fiscal year 2009. Before
any such transfer,
the
Director shall notify the Governor, the
Speaker of the House
of
Representatives, the President of the
Senate, and the Minority
Leaders of the House of Representatives
and the Senate of the
date and amount of the transfer and the cash
balance remaining in
the Budget Stabilization Fund.
Section 350. EXPENDITURES AND APPROPRIATION INCREASES
APPROVED
BY THE CONTROLLING BOARD
Any money that the Controlling Board approves for expenditure
and any increase in appropriations that the Controlling
Board
approves pursuant to section 127.14,
131.35, or 131.39
of the
Revised Code or any other provision of
law is appropriated for the
period ending June 30,
2011.
Section 360. PERSONAL SERVICE EXPENSES
Unless otherwise prohibited by law, any appropriation from
which personal service expenses are paid shall bear
the employer's
share of public employees' retirement, workers'
compensation,
disabled workers' relief, and all group insurance
programs; the
costs of centralized accounting, centralized
payroll
processing,
and related personnel reports and services;
the cost
of the Office
of Collective Bargaining; the cost of the
Personnel
Board of
Review; the cost of the Employee Assistance
Program; the
cost of
the affirmative action and equal employment opportunity programs
administered by the Department of Administrative Services; the
costs of interagency
information
management infrastructure; and
the cost
of
administering the state
employee merit system as
required by
section 124.07 of the Revised
Code. These costs shall
be
determined in conformity with the
appropriate sections of law
and
paid
in accordance with procedures
specified by the Office of
Budget
and Management. Expenditures
from appropriation item
070601,
Public Audit Expense - Local
Government, may
be exempted
from the
requirements of
this section.
Section 365. REISSUANCE OF VOIDED WARRANTS
In order to provide funds for the reissuance of voided
warrants pursuant to section 126.37 of the Revised Code, there is
appropriated, out of money in the state treasury from the
fund
credited as provided in section 126.37 of the Revised Code,
that
amount sufficient to pay such warrants when approved by the
Office
of Budget and Management.
Section 370. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF
STATE
Certain appropriations are in this act for the purpose of
making
lease rental payments pursuant to leases and agreements
relating
to bonds or notes issued under Section 2i of Article
VIII, Ohio Constitution, and Chapter 152. of the Revised Code by
the
Ohio Building Authority
or the
Treasurer of State or,
previously, by the Ohio Public
Facilities
Commission,
pursuant
to
the Ohio
Constitution and acts
of the
General Assembly. If it is
determined that additional
amounts are necessary for this
purpose,
such amounts are hereby
appropriated.
Section 375. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO
EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS
The Office of Budget and Management shall
process payments
from general obligation and lease rental
payment appropriation
items during the period from July 1, 2009,
to June 30, 2011,
relating to bonds or notes
issued under
Sections
2i, 2k, 2l, 2m,
2n, 2o, 2p, 2q, and 15 of Article VIII, Ohio
Constitution, and
Chapters 151. and 154. of the Revised Code.
Payments shall
be
made upon
certification by the Treasurer of
State, Officer of the
Sinking Fund, of the dates
and amounts
due
on those dates.
Section 380. AUTHORIZATION FOR OHIO BUILDING AUTHORITY
AND
OBM TO EFFECTUATE CERTAIN LEASE
RENTAL PAYMENTS
The Office of Budget and Management shall process payments
from lease rental payment appropriation items during the period
from July 1, 2009, to June 30, 2011, pursuant to the lease
agreements entered into relating to bonds or notes issued under
Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of
the Revised Code. Payments shall be made upon certification by the
Ohio Building Authority of the dates and the amounts due on those
dates.
Section 385. STATE AND LOCAL REBATE AUTHORIZATION
There is hereby appropriated, from those funds designated
by
or pursuant to the applicable proceedings authorizing the
issuance
of state obligations, amounts computed at the time to
represent
the portion of investment income to be rebated or
amounts in lieu
of or in addition to any rebate amount to be paid
to the federal
government in order to maintain the exclusion from
gross income
for federal income tax purposes of interest on those
state
obligations pursuant to section 148(f) of the Internal
Revenue
Code.
Rebate payments shall be approved and vouchered by the Office
of Budget and Management.
Section 390. APPROPRIATIONS RELATED TO CASH TRANSFERS AND
REESTABLISHMENT OF ENCUMBRANCES
Any cash transferred by the Director of
Budget and Management
as provided by section 126.15 of the Revised Code is
appropriated.
Any amounts necessary to reestablish appropriations or
encumbrances as provided in section 126.15 of the Revised Code are
hereby
appropriated.
Section 395. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT
Pursuant to the plan for compliance with the Federal Cash
Management Improvement Act required by section 131.36 of the
Revised Code, the Director of Budget and Management may cancel and
reestablish all or parts of encumbrances in like
amounts within
the funds identified by the plan. The amounts
necessary to
reestablish all or parts of encumbrances are hereby
appropriated.
Section 400. STATEWIDE INDIRECT COST RECOVERY
Whenever the Director of Budget and Management determines
that an appropriation made to a state agency from a fund of the
state is insufficient to provide for the recovery of statewide
indirect costs pursuant to section 126.12 of the Revised Code,
the
amount required for such purpose is appropriated from
the
available receipts of such fund.
Section 405. GRF TRANSFERS ON BEHALF OF THE STATEWIDE
INDIRECT
COST ALLOCATION PLAN
The total transfers made from the General Revenue Fund by the
Director of
Budget and Management under this section shall
not
exceed
the amounts
transferred into the General Revenue Fund
pursuant to section
126.12 of the Revised Code.
The director of an agency may certify to the Director of
Budget
and
Management the amount of expenses not allowed to be
included
in the Statewide
Indirect Cost Allocation plan under
federal
regulations, from any fund
included in the Statewide
Indirect Cost
Allocation plan, prepared as required
by section
126.12 of the
Revised Code.
Upon determining
that no alternative source of funding is
available to pay for such expenses,
the Director of Budget and
Management may transfer from the General Revenue
Fund into the
fund for which the certification is made, up to the amount of
the
certification. The director of the agency receiving such funds
shall
include, as part of the next budget submission prepared
pursuant to section
126.02 of the Revised Code, a request for
funding for such activities from an
alternative source such that
further federal disallowances would not be
required.
Section 410. REAPPROPRIATION OF UNEXPENDED ENCUMBERED
BALANCES
OF
OPERATING APPROPRIATIONS
An unexpended balance of an operating appropriation or
reappropriation
that a state
agency lawfully encumbered prior
to
the close of a
fiscal year is reappropriated on the
first day of
July of the
following fiscal year from the
fund from
which it was
originally
appropriated or
reappropriated for the
following period
and shall
remain available only for
the purpose
of discharging the
encumbrance:
(A) For an encumbrance for
personal
services, maintenance,
equipment, or items for resale, other than an
encumbrance for an
item of special order manufacture not available on term
contract
or in the open market or for reclamation of land or oil and gas
wells for a period of not more than five months from the end of
the fiscal
year;
(B) For an encumbrance for an item of special order
manufacture not available
on term contract or in the open market,
for a period of not more than five
months from the end of the
fiscal year or, with the written
approval of the Director of
Budget and Management, for a period of not more
than twelve months
from the end of the fiscal year;
(C) For an encumbrance for reclamation of land or oil and
gas
wells, for a
period ending when the encumbered appropriation
is
expended or for a period of two years, whichever is less;
(D) For an encumbrance for any other expense,
for such
period
as the director approves, provided such period does not
exceed two
years.
Any operating appropriations for which unexpended balances
are reappropriated
beyond a five-month
period from the end of the
fiscal year by
division (B) of this section shall be
reported to
the Controlling
Board by the
Director of Budget and
Management by
the thirty-first day of
December of each year. The
report on each
such item shall include
the item,
the cost of the
item, and the
name of the vendor. This report to
the board shall
be updated on a
quarterly basis for encumbrances
remaining open.
Upon the expiration of the reappropriation period set out in
division (A), (B), (C), or (D) of this section,
a
reappropriation
made by this section lapses, and
the Director
of Budget
and
Management shall cancel the encumbrance
of the unexpended
reappropriation not later than the end of the
weekend following
the
expiration
of
the reappropriation period.
Notwithstanding the preceding paragraph, with the approval of
the Director of Budget and Management, an unexpended balance of an
encumbrance that was reappropriated on the first day of July
by
this section for a period specified in division (C) or
(D) of this
section and that remains encumbered at the close of
the fiscal
biennium is hereby reappropriated on the first day of July of the
following fiscal biennium
from the fund from which it was
originally appropriated or
reappropriated for the applicable
period specified in division (C)
or (D) of this section and shall
remain available only for the
purpose of discharging the
encumbrance.
The Director of Budget and Management may correct accounting
errors committed by the staff of the Office of Budget and
Management, such as reestablishing encumbrances or appropriations
canceled in error, during the cancellation of operating
encumbrances in November and of nonoperating encumbrances in
December.
If the Controlling Board approved a purchase, that approval
remains in effect
as long as the appropriation used to make
that
purchase remains encumbered.
Section 415. FEDERAL GOVERNMENT INTEREST REQUIREMENTS
Notwithstanding any provision of law to the contrary, on or
before the first day of September of each fiscal year, the
Director of Budget
and Management, in order to reduce the payment
of adjustments to the federal
government, as determined by the
plan prepared pursuant to division (A) of
section 126.12 of the
Revised Code, may designate such funds as the director
considers
necessary to retain their own interest earnings.
Section 420. FEDERAL STABILIZATION APPROPRIATIONS
There is hereby appropriated in anticipation of receiving
federal stabilization funds from the American Recovery and
Reinvestment Act, Title XIV for the following items:
(A) Board of Regents appropriation item 235644, State Share
of Instruction - Federal Stimulus – Education, $5,959,116;
(B) Department of Education appropriation item 200551
Foundation Funding - Federal Stimulus, $7,453,537; and
(C) Department of Rehabilitation and Corrections
appropriation item 501620 Institutional Operations-Federal
Stimulus, $638,881.
Section 425. NEGATIVE CASH BALANCES
Notwithstanding the provisions of section 126.06 of the
Revised Code or any other provision of law to the contrary, for
the period July 1, 2009, through June 30, 2011, the Director of
Budget and Management may allow the negative cash balance of the
General Revenue Fund to exceed ten per cent of the total revenue
of the General Revenue Fund in the preceding fiscal year.
Section 430. TRANSFERS TO THE BUDGET STABILIZATION FUND AND
INCOME TAX REDUCTION FUND
Notwithstanding section 131.44 of the Revised Code or any
other provision of law to the contrary, for the period July 1,
2009, through June 30, 2011, the Director of Budget and Management
shall determine what, if any, surplus revenue exists in each
preceding fiscal year. If the Director determines that
insufficient revenues exist or that transfers to the budget
stabilization fund or the income tax reduction fund are
impracticable, the Director shall not be required to transfer from
the General Revenue Fund the unencumbered balance on the preceding
thirtieth day of June in excess of one-half of one per cent of the
General Revenue Fund revenues in the preceding fiscal year to the
budget stabilization fund or the income tax reduction fund.
Section 803.10. Law contained in the main operating
appropriations act of the 128th General Assembly that applies
generally to the appropriations made in that act also applies
generally to the appropriations made in this act.
Section 805.10. The provisions of law contained in this act,
and
their applications, are severable. If any provision of law
contained in this act, or if any application of any provision of
law contained in this act, is held invalid, the invalidity does
not affect other provisions of law contained in this act and their
applications that can be given effect without the invalid
provision or application.
Section 807.10. An item that composes the whole or part of an
uncodified section of law contained in this act has no effect
after June 30, 2011, unless the context clearly indicates
otherwise.
Section 809.10. Except as otherwise provided in this act, the
amendment or enactment by this act of a section of law is
exempt
from the referendum because it is or relates to an
appropriation
for current expenses within the meaning of Ohio
Constitution,
Article II, Section 1d and section 1.471 of the
Revised Code and
therefore takes effect immediately when this act
becomes law.
Section 809.12. The amendment of sections 2305.24, 2305.25,
and
4123.511
of the Revised Code by this act are subject to the
referendum
under Ohio Constitution, Article II, Section 1c and
therefore take
effect on the ninety-first day after this act is
filed with the
Secretary of State.
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