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S. B. No. 83 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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A BILL
To amend section 145.01 and to enact section 145.016
of the Revised Code to exclude certain
compensation when determining retirement benefits
under the Public Employees Retirement System.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 145.01 be amended and section 145.016
of the Revised Code be enacted to read as follows:
Sec. 145.01. As used in this chapter:
(A) "Public employee" means:
(1) Any person holding an office, not elective, under the
state or any
county, township, municipal corporation, park
district, conservancy district,
sanitary district, health
district, metropolitan housing authority, state
retirement board,
Ohio historical society, public library, county law library,
union
cemetery, joint hospital, institutional commissary, state
university, or
board, bureau, commission, council, committee,
authority, or administrative
body as the same are, or have been,
created by action of the general assembly
or by the legislative
authority of any of the units of local government named
in
division (A)(1) of this section, or employed and
paid in whole or
in part by the state or any
of the authorities named in division
(A)(1) of this
section in any capacity not covered by
section
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees
retirement system
and who
continues to perform the same or similar
duties under the direction of a
contractor who has contracted to
take over what before the date of the
contract was a publicly
operated function. The governmental unit with which
the contract
has been made shall be deemed the employer for the purposes of
administering this chapter.
(3) Any person who is an employee of a public employer,
notwithstanding that
the person's compensation for that employment
is derived from funds of a
person or entity other than the
employer. Credit for such service shall be
included as total
service credit, provided that the employee makes the
payments
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code.
(4) A person who elects in accordance with section 145.015
of
the Revised
Code to remain a contributing member of the public
employees retirement
system.
In all cases of doubt, the public employees retirement board
shall determine
whether any person is a public employee, and its
decision is final.
(B) "Member" means any public employee, other than a public
employee excluded
or exempted from membership in the retirement
system by section 145.03,
145.031, 145.032, 145.033, 145.034,
145.035, or 145.38 of the Revised Code.
"Member" includes a PERS
retirant who becomes a member under division
(C) of section 145.38
of the Revised Code. "Member" also includes a
disability benefit
recipient.
(C) "Head of the department" means the elective or
appointive
head of the
several executive, judicial, and
administrative
departments, institutions,
boards, and commissions
of the state
and local government as the same are
created and
defined by the
laws of this state or, in case of a charter
government, by that
charter.
(D) "Employer" or "public employer" means the state or any
county, township,
municipal corporation, park district,
conservancy district, sanitary district,
health district,
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union
cemetery, joint
hospital, institutional commissary, state medical
college, state university,
or board, bureau, commission, council,
committee, authority, or administrative
body as the same are, or
have been, created by action of the general assembly
or by the
legislative authority of any of the units of local government
named
in this division not covered by section 742.01, 3307.01,
3309.01, or 5505.01 of the Revised
Code. In addition, "employer"
means the employer of any public employee.
(E) "Prior service" means all service as a public employee
rendered before
January 1, 1935, and all service as an employee of
any employer who comes
within the state teachers retirement system
or of the school employees
retirement system or of any other
retirement system established under the laws
of this state
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that
other system
after that other system was established, credit for
the service may be allowed
by the public employees retirement
system only when the employee has made
payment, to be computed on
the salary earned from the date of appointment to
the date
membership was established in the public employees retirement
system,
at the rate in effect at the time of payment, and the
employer has made
payment of the corresponding full liability as
provided by section 145.44 of
the Revised Code. "Prior service"
also means all service credited for active
duty with the armed
forces of the United States as provided in section 145.30
of the
Revised Code.
If an employee who has been granted prior service credit by
the public
employees retirement system for service rendered prior
to January 1, 1935, as
an employee of a board of education
establishes, before retirement, one year
or more of contributing
service in the state teachers retirement system or
school
employees retirement system, then the prior service ceases to be
the
liability of this system.
If the board determines that a position of any member in any
calendar year
prior to January 1, 1935, was a part-time position,
the board shall determine
what fractional part of a year's credit
shall be allowed by the following
formula:
(1) When the member has been either elected or appointed to
an office the
term of which was two or more years and for which an
annual salary is
established, the fractional part of the year's
credit shall be computed as
follows:
First, when the member's annual salary is one thousand
dollars or less, the
service credit for each such calendar year
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary
above one thousand
dollars, the member's service credit for each
such calendar year shall be
increased by two and one-half per
cent.
(2) When the member is paid on a per diem basis, the service
credit for any
single year of the service shall be determined by
using the number of days of
service for which the compensation was
received in any such year as a
numerator and using two hundred
fifty days as a denominator.
(3) When the member is paid on an hourly basis, the service
credit for any
single year of the service shall be determined by
using the number of hours of
service for which the compensation
was received in any such year as a
numerator and using two
thousand hours as a denominator.
(F) "Contributor" means any person who has an account in the
employees'
savings fund created by section 145.23 of the Revised
Code. When used in
the sections listed in division (B) of section
145.82 of the
Revised Code, "contributor" includes any person
participating in a
PERS defined contribution plan.
(G) "Beneficiary" or "beneficiaries" means the estate or a
person or persons
who, as the result of the death of a member,
contributor, or retirant, qualify
for or are receiving some right
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in section
145.37 of the
Revised Code, means all service credited to a member
of the retirement system
since last becoming a member, including
restored service credit as provided by
section 145.31 of the
Revised Code; credit purchased under sections 145.293
and 145.299
of the Revised Code; all the member's prior service credit; all
the member's military service credit computed as provided in this
chapter; all
service credit established pursuant to section
145.297 of the Revised Code;
and any other service credited under
this chapter. In addition, "total
service credit" includes any
period, not in excess of three years, during
which a member was
out of service and receiving benefits under Chapters 4121.
and
4123. of the Revised Code. For the exclusive purpose of
satisfying
the
service credit requirement and of determining
eligibility for
benefits under
sections 145.32, 145.33, 145.331,
145.35, 145.36,
and 145.361 of the Revised
Code, "five or more
years of total
service credit" means sixty or more
calendar months
of
contributing service in this system.
(2) "One and one-half years of contributing service
credit,"
as used in division (B) of section 145.45 of the Revised
Code,
also means eighteen or more calendar months of employment
by a
municipal corporation that formerly operated its own
retirement
plan for its employees or a part of its employees,
provided that
all employees of that municipal retirement plan who have
eighteen
or more months of such employment, upon
establishing membership in
the public employees retirement
system, shall make a payment of
the contributions they would have paid
had they been members of
this system for the eighteen months of
employment preceding the
date membership was established. When
that payment has been made
by all such employee
members, a
corresponding payment shall be
paid into the employers'
accumulation fund by that municipal
corporation as the employer
of the employees.
(3) Where a member also is a member of the state teachers
retirement system
or the school employees retirement system, or
both, except in cases of
retirement on a combined basis pursuant
to section 145.37 of the Revised Code
or as provided in section
145.383 of the Revised Code,
service credit for any period shall
be credited on the basis of the ratio that
contributions to the
public employees retirement system
bear to total
contributions in
all state retirement systems.
(4) Not more than one year of credit may be given for any
period of twelve
months.
(5) "Ohio service credit" means credit for service that was
rendered to the
state or any of its political subdivisions or any
employer.
(I) "Regular interest" means interest at any rates for the
respective funds and accounts as the public employees retirement
board may
determine from time to time.
(J) "Accumulated contributions" means the sum of all
amounts
credited to a contributor's individual account in the
employees'
savings fund together with any interest
credited to the
contributor's account under section 145.471 or 145.472 of the
Revised Code.
(K)(1) "Final average salary" means the quotient obtained
by
dividing by three the sum of the three full calendar years of
contributing service in which the member's earnable salary, with
any adjustment required by section 145.016 of the Revised Code,
was
highest, except that if the member has a partial year of
contributing service in the year the member's employment
terminates and the member's earnable salary for the partial year
is higher
than for any comparable period in the three years, the
member's earnable
salary for the partial year shall be substituted
for the member's earnable
salary for the comparable period during
the three years in which the member's
earnable salary was lowest.
(2) If a member has less than three years of contributing
service, the
member's final average salary shall be the member's
total earnable salary
divided by the total number of years,
including any fraction of a year, of the
member's contributing
service.
(3) For the purpose of calculating benefits payable to a
member qualifying for service credit under division (Z) of this
section, "final average salary" means the total earnable salary,
with any adjustment required by section 145.016 of the Revised
Code,
on
which contributions were made divided by the total number
of
years
during which contributions were made, including any
fraction of a
year. If contributions were made for less than
twelve months,
"final average salary" means the member's total
earnable salary.
(L) "Annuity" means payments for life derived from
contributions made by a
contributor and paid from the annuity and
pension reserve fund as provided in
this chapter. All annuities
shall be paid in twelve equal monthly
installments.
(M) "Annuity reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any annuity, or benefit
in lieu of any annuity, granted to a
retirant as provided in this
chapter.
(N)(1) "Disability retirement" means retirement as provided
in section 145.36
of the Revised Code.
(2) "Disability allowance" means an allowance paid on
account
of disability
under section 145.361 of the Revised Code.
(3) "Disability benefit" means a benefit paid as disability
retirement under
section 145.36 of the Revised Code, as a
disability allowance under section
145.361 of the Revised Code, or
as a disability benefit under section 145.37
of the Revised Code.
(4) "Disability benefit recipient" means a member who is
receiving a
disability benefit.
(O) "Age and service retirement" means retirement as
provided
in sections
145.32, 145.33, 145.331, 145.34, 145.37, and
145.46 of
the Revised Code.
(P) "Pensions" means annual payments for life derived from
contributions made
by the employer that at the time of retirement
are credited into the annuity
and pension reserve fund from the
employers' accumulation fund and paid from
the annuity and pension
reserve fund as provided in this chapter. All
pensions shall be
paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that
portion of the benefit
derived from contributions made by the
member.
(R)(1) Except as otherwise provided in division (R)(2)
of
this
section, "earnable salary" means
all salary, wages, and other
earnings paid to a contributor by reason of
employment in a
position covered by the retirement system. The salary, wages,
and
other earnings shall be determined prior to determination of the
amount
required to be contributed to the employees' savings fund
under section 145.47
of the Revised Code and without regard to
whether any of the salary, wages, or
other earnings are treated as
deferred income for federal income tax
purposes. "Earnable
salary"
includes the following:
(a) Payments made by the employer in lieu of salary, wages,
or other earnings
for sick leave, personal leave, or vacation used
by the contributor;
(b) Payments made by the employer for the conversion of sick
leave, personal
leave, and vacation leave accrued, but not used if
the payment is made
during
the year in which the leave is accrued,
except that payments made pursuant to
section 124.383 or 124.386
of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance,
consisting of
housing, laundry, and meals, as certified to the
retirement board by the
employer or the head of the department
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the
Revised Code;
(e) Payments that are made under a disability leave program
sponsored by the
employer and for which the employer is required
by section 145.296 of the
Revised Code to make periodic employer
and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) of
this section.
(2) "Earnable salary" does not include any of the following:
(a) Fees and commissions, other than those paid under
section
507.09 of the
Revised Code, paid as sole compensation for
personal
services and fees and
commissions for special services
over and
above services for which the
contributor receives a
salary;
(b) Amounts paid by the employer to provide life insurance,
sickness,
accident, endowment, health, medical, hospital, dental,
or surgical coverage,
or other insurance for the contributor or
the contributor's family, or amounts
paid by the employer to the
contributor in lieu of providing the insurance;
(c) Incidental benefits, including lodging, food, laundry,
parking, or
services furnished by the employer, or use of the
employer's property or
equipment, or amounts paid by the employer
to the contributor in lieu of
providing the incidental benefits;
(d) Reimbursement for job-related expenses authorized by the
employer,
including moving and travel expenses and expenses
related to professional
development;
(e) Payments for accrued but unused sick leave, personal
leave, or
vacation
that are made at any time other than in the
year in which the sick leave,
personal leave, or vacation was
accrued;
(f) Payments made to or on behalf of a contributor that are
in excess of the
annual compensation that may be taken into
account by the retirement system
under division (a)(17) of section
401 of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26
U.S.C.A. 401(a)(17), as amended;
(g) Payments made to or on behalf of a contributor that are
in excess of the amount determined for that year under division
(A)(1)(4) of section 141.011 of the Revised Code as the annual
salary of the governor;
(h) Payments made under division (B), (C), or (E) of
section
5923.05 of the Revised
Code, Section 4 of Substitute
Senate Bill
No. 3 of the 119th general
assembly, Section 3 of
Amended
Substitute Senate Bill
No. 164 of the 124th general
assembly, or
Amended Substitute House Bill No. 405 of the 124th
general
assembly;
(h)(i) Anything of value received by the contributor that is
based on or
attributable to retirement or an agreement to retire,
except that payments
made on or before January 1, 1989, that are
based on or attributable to an
agreement to retire shall be
included in earnable salary if both of the
following apply:
(i) The payments are made in accordance with contract
provisions that were in
effect prior to January 1, 1986;
(ii) The employer pays the retirement system an amount
specified by the
retirement board equal to the additional
liability resulting from the
payments.
(3) The retirement board shall determine by rule whether any
compensation not
enumerated in division (R) of this section is
earnable salary, and its decision shall be
final.
(S) "Pension reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any retirement allowance
or benefit in lieu of any retirement
allowance, granted to a
member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited to
a
member of the
system since January 1, 1935, for which
contributions are made as required by
sections 145.47, 145.48, and
145.483 of the Revised Code. In any year
subsequent to 1934,
credit for any service shall be allowed by the following
formula:
(a) For each month for which the member's earnable salary is
two hundred
fifty dollars or more, allow one month's credit.
(b) For each month for which the member's earnable salary is
less than two
hundred fifty dollars, allow a fraction of a month's
credit. The numerator of
this fraction shall be the earnable
salary during the month, and the
denominator shall be two hundred
fifty dollars, except that if the member's
annual earnable salary
is less than six hundred dollars, the member's credit
shall not be
reduced below twenty per cent of a year for a calendar year of
employment during which the member worked each month.
Division
(T)(1)(b) of this section shall not
reduce any credit earned
before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an
elected official who
prior to January 1, 1980, was granted a full
year of credit for each year of
service as an elected official
shall be considered to have earned a full year
of credit for each
year of service regardless of whether the service was
full-time or
part-time. The public employees retirement board has no
authority
to reduce the credit.
(U) "State retirement board" means the public employees
retirement board, the
school employees retirement board, or the
state teachers retirement board.
(V) "Retirant" means any former member who retires and is
receiving a monthly
allowance as provided in sections 145.32,
145.33, 145.331, 145.34, and 145.46
of the Revised Code.
(W) "Employer contribution" means the amount paid by an
employer as
determined under section 145.48 of the Revised
Code.
(X) "Public service terminates" means the last day for which
a public
employee is compensated for services performed for an
employer or the date of
the employee's death, whichever occurs
first.
(Y) When a member has been elected or appointed to an
office,
the term of
which is two or more years, for which an
annual salary
is established, and in
the event that the salary of
the office is
increased and the member is denied
the additional
salary by reason
of any constitutional provision prohibiting an
increase in salary
during a term of office, the member may elect
to have the
amount
of the member's contributions calculated upon
the basis of the
increased salary for the office. At the member's
request, the
board shall
compute the total additional amount the
member would
have contributed, or the
amount by which each of the
member's
contributions would have increased, had
the member
received the
increased salary for the office the member holds. If
the member
elects to have the amount by which the member's
contribution would
have increased withheld from the member's
salary, the member shall
notify the
employer, and the employer
shall make the withholding
and transmit it to the
retirement
system. A member who has not
elected to have that amount withheld
may elect at any time to make
a payment to the retirement system
equal to the
additional amount
the member's contribution would
have increased, plus
interest on
that contribution, compounded
annually at a rate established by
the board and computed from the
date on which the last
contribution would have
been withheld from
the member's salary to
the date of payment. A member may
make a
payment for part of the
period for which the increased
contribution was
not withheld, in
which case the interest shall be
computed from the date the
last
contribution would have been
withheld for the period for which the
payment is made. Upon the
payment of the increased contributions
as provided
in this
division, the increased annual salary as
provided by law for the
office for the period for which the member
paid increased
contributions
thereon shall be used in determining
the member's
earnable salary for the
purpose of computing the
member's final
average salary.
(Z) "Five years of service credit," for the exclusive
purpose
of satisfying
the service credit requirements and of
determining
eligibility for benefits
under section 145.33 of the
Revised Code,
means employment covered under this
chapter or under
a former
retirement plan operated, recognized, or endorsed by
the
employer
prior to coverage under this chapter or under a
combination of
the
coverage.
(AA) "Deputy sheriff" means any person who is commissioned
and employed as a
full-time peace officer by the sheriff of any
county, and has been so employed
since on or before December 31,
1965;
any person who is or has been commissioned and employed as a
peace
officer by the sheriff of any county since January 1, 1966,
and
who has
received a certificate attesting to the person's
satisfactory completion of
the peace officer training school as
required by section 109.77 of the Revised
Code; or any person
deputized by the
sheriff of any county and employed pursuant to
section 2301.12 of
the Revised
Code as a criminal bailiff or court
constable who has
received a certificate
attesting to the person's
satisfactory
completion of the peace officer
training school as
required by
section 109.77 of the Revised Code.
(BB) "Township constable or police officer in a township
police department or
district" means any person who is
commissioned and employed as a full-time
peace officer pursuant to
Chapter 505. or 509. of the Revised Code, who has
received a
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of
the Revised
Code.
(CC) "Drug agent" means any person who is either of the
following:
(1) Employed full time as a narcotics agent by a
county
narcotics agency
created pursuant to section 307.15 of the
Revised
Code and has received a
certificate attesting to the
satisfactory
completion of the peace officer
training school as
required by
section 109.77 of the Revised Code;
(2) Employed full time as an undercover drug agent
as
defined
in section
109.79 of the Revised Code and is in
compliance
with
section 109.77 of the
Revised Code.
(DD) "Department of public safety enforcement agent" means a
full-time
employee of the
department of public safety who is
designated under section 5502.14
of the Revised Code as an
enforcement agent and who is in compliance with
section 109.77
of
the Revised Code.
(EE) "Natural resources law enforcement staff officer" means
a
full-time employee of the department of natural resources who is
designated a
natural resources law enforcement staff officer under
section 1501.013 of the
Revised Code
and
is in compliance with
section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the
department of
natural
resources who is designated a park officer
under section 1541.10 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the
department of natural
resources who is designated a forest officer
under section 1503.29 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time
employee of the
department of natural resources who is
designated a preserve
officer under section 1517.10 of the
Revised
Code and is in
compliance with
section 109.77 of the Revised
Code.
(II) "Wildlife officer" means a full-time employee of the
department
of
natural resources who is designated a wildlife
officer under section 1531.13
of the Revised Code and is in
compliance with section 109.77 of the Revised
Code.
(JJ) "State watercraft officer" means a full-time
employee
of
the department
of natural resources who is designated a state
watercraft officer under
section 1547.521 of the Revised Code and
is in compliance with section 109.77
of the Revised Code.
(KK) "Park district police officer" means a full-time
employee of a park
district who is designated pursuant to section
511.232 or 1545.13 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time
employee of a
conservancy district who is designated pursuant to
section 6101.75 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the
organized police
department of a municipal corporation who is
employed full time, is in
compliance with section 109.77
of the
Revised Code, and is not a member of the
Ohio police and
fire
pension fund.
(NN) "Veterans' home police officer" means
any
person
who is
employed at
a veterans' home as a
police officer
pursuant to
section 5907.02 of the
Revised Code and
is in
compliance with
section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health
institution"
means any
person who is designated as such pursuant
to section
5119.14 of the Revised
Code and is in compliance with
section
109.77 of the Revised Code.
(PP) "Special police officer for an institution for the
mentally retarded and
developmentally disabled" means any person
who is designated as such pursuant
to section 5123.13 of the
Revised Code and is in compliance with section
109.77 of the
Revised Code.
(QQ) "State university law enforcement officer" means any
person who is
employed full time as a state university
law
enforcement officer pursuant to
section 3345.04 of the Revised
Code and who is in compliance with section
109.77 of the Revised
Code.
(RR)
"House sergeant at arms" means any person appointed by
the speaker of the house of representatives under division (B)(1)
of section 101.311 of the Revised Code who has arrest authority
under division (E)(1) of that section.
(SS) "Assistant house sergeant at arms" means any person
appointed by the house sergeant at arms under division (C)(1) of
section 101.311 of the Revised Code.
(TT) "Regional transit authority police officer" means a
person who is
employed full time as a regional transit authority
police officer under
division (Y) of section 306.35 of the Revised
Code
and is in
compliance with section 109.77 of the Revised Code.
(UU)
"State highway patrol police officer" means a special
police
officer employed full time and designated by the
superintendent of the
state highway patrol pursuant to section
5503.09 of the
Revised Code or a person serving
full time as a
special police officer pursuant to that section on a
permanent
basis on October 21, 1997, who is in compliance
with section
109.77 of the Revised Code.
(VV) "Municipal public safety director" means a person who
serves full time as the public safety director of a
municipal
corporation with the duty of directing the activities of
the
municipal corporation's police department and fire department.
(WW) Notwithstanding section 2901.01 of the Revised Code,
"PERS law enforcement
officer" means a sheriff or any of the
following whose primary duties are to preserve the peace, protect
life and property, and enforce the laws of this state: a deputy
sheriff,
township constable or police officer
in a township police
department or district, drug agent, department of public
safety
enforcement agent, natural
resources law enforcement staff
officer,
park officer, forest
officer, preserve officer,
wildlife
officer, state watercraft
officer, park district police officer,
conservancy district
officer,
veterans' home police officer,
special police officer for
a mental health
institution, special
police officer for an
institution for the mentally
retarded and
developmentally
disabled, state university law enforcement
officer,
municipal
police officer,
house sergeant at arms,
assistant house
sergeant
at arms, regional transit authority
police officer, or
state
highway patrol police officer. PERS law
enforcement officer also
includes a person serving as a municipal
public safety director at
any time during the period from
September 29, 2005, to the
effective date of this amendment March
24, 2009, if
the duties of that service
were to preserve the
peace, protect
life and property, and enforce
the laws of this
state.
(XX)
"Hamilton county municipal court
bailiff" means a
person
appointed by
the clerk of courts of the Hamilton county
municipal
court under
division
(A)(3) of section 1901.32 of the
Revised Code
who is employed full time as a
bailiff or deputy
bailiff, who has
received a certificate attesting to the
person's
satisfactory
completion of the peace officer basic training
described in
division (D)(1) of section 109.77 of the Revised
Code.
(YY) "PERS public safety officer" means a Hamilton county
municipal court bailiff, or any of the
following whose primary
duties are other than to preserve the
peace, protect life and
property, and enforce the laws of this
state: a deputy sheriff,
township constable or police officer in a
township police
department or district, drug agent, department of
public safety
enforcement agent, natural resources law enforcement
staff
officer, park officer, forest officer, preserve officer,
wildlife
officer, state watercraft officer, park district police
officer,
conservancy district officer, veterans' home police
officer,
special police officer for a mental health institution,
special
police officer for an institution for the mentally
retarded and
developmentally disabled, state university law
enforcement
officer, municipal police officer, house sergeant at
arms,
assistant house sergeant at arms, regional transit authority
police officer, or state highway patrol police officer. PERS
public safety officer also includes a person serving as a
municipal public safety director at any time during the period
from September 29, 2005, to the effective date of this amendment
March 24, 2009,
if the duties of that service were other than to
preserve the
peace, protect life and property, and enforce the
laws of this
state.
(ZZ) "Fiduciary" means a person who does any of the
following:
(1) Exercises any discretionary authority or control with
respect to the
management of the system or with respect to the
management or disposition of
its assets;
(2) Renders investment advice for a fee, direct or indirect,
with respect to
money or property of the system;
(3) Has any discretionary authority or responsibility in the
administration
of the system.
(AAA) "Actuary" means an individual who satisfies all of
the
following
requirements:
(1) Is a member of the American academy of actuaries;
(2) Is an associate or fellow of the society of actuaries;
(3) Has a minimum of five years' experience in providing
actuarial services
to public retirement plans.
(BBB) "PERS defined benefit plan" means the plan
described
in
sections 145.201 to 145.79 of the Revised Code.
(CCC) "PERS defined contribution plans" means the plan
or
plans established under section 145.81 of the Revised Code.
Sec. 145.016. (A) For the purposes of determining final
average salary under division (K) of section 145.01 of the Revised
Code, "earnable salary" does not include amounts attributable to
either of the following:
(1) Overtime service that exceeds the greater of the
following:
(a) The member's overtime service during any of the three
years immediately preceding the two years of contributing service
in which the member's earnable salary was highest;
(b) The member's overtime service that is considered
generally applicable to members employed by same employer because
it was assigned in accordance with uniform criteria applicable to
all such members.
(2) A percentage increase in earnable salary paid the member
during the two years of contributing service in which the member's
earnable salary was highest that exceeds the greater of the
following:
(a) The highest percentage increase in earnable salary paid
the member during any of the three years immediately preceding the
two years of contributing service in which the member's earnable
salary was highest;
(b) A percentage increase in earnable salary paid the member
as part of an increase that is considered generally applicable to
members employed by the employer because the increase is in
accordance with uniform criteria applicable to all such members.
(B) Contributions made by a member and an employer on amounts
that pursuant to division (A) of this section are not earnable
salary shall be treated as additional deposits to the member's
account under section 145.62 of the Revised Code and used to
provide additional annuity income.
(C) The public employees retirement board shall notify each
member who applies for a retirement allowance of any amount
excluded from the member's earnable salary in accordance with
division (A) of this section and the procedure for requesting a
hearing.
The board shall hold a hearing at the member's request.
Following the hearing, the board shall determine in accordance
with the criteria it has established whether, for good cause as
determined by the board, all or any portion of the excluded
amount, up to a maximum of seven thousand five hundred dollars, is
to be
included in determining the member's final average salary.
The
board's determination is final.
The board shall adopt rules under Chapter 119. of the Revised
Code establishing procedures for requesting a hearing and criteria
for making determinations under this division.
Section 2. That existing section 145.01 of the Revised Code
is hereby repealed.
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