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H. B. No. 521 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsor:
Representative Fedor
A BILL
To amend section 3307.01 of the Revised Code to
include in the membership of the State Teachers
Retirement System certain teachers performing
services entities providing computer-based
instruction to students by contract with a school.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3307.01 of the Revised Code be
amended to read as follows:
Sec. 3307.01. As used in this chapter:
(A) "Employer" means the board of education, school district,
governing authority of any community school established under
Chapter 3314. of the Revised Code, a science, technology,
engineering, and mathematics school established under Chapter
3326. of the Revised Code, college, university, institution, or
other agency within the state by which a teacher is employed and
paid.
(B) "Teacher" means all of the following:
(1) Any person paid from public funds and employed in the
public schools of the state under any type of contract described
in section 3311.77 or 3319.08 of the Revised Code in a position
for which the person is required to have a license issued pursuant
to sections 3319.22 to 3319.31 of the Revised Code;
(2) Any person employed as a teacher by a community school or
a science, technology, engineering, and mathematics school
pursuant to Chapter 3314. or 3326. of the Revised Code;
(3) Any person having a license issued pursuant to sections
3319.22 to 3319.31 of the Revised Code and employed in a public
school in this state in an educational position, as determined by
the state board of education, under programs provided for by
federal acts or regulations and financed in whole or in part from
federal funds, but for which no licensure requirements for the
position can be made under the provisions of such federal acts or
regulations;
(4) Any person having a license issued pursuant to sections
3319.22 to 3319.31 of the Revised Code and performing services
that are funded under section 3317.06 of the Revised Code and
provided to students attending nonpublic schools, without regard
to whether the services are performed in a public school and
whether the person is employed under a contract with a third
party;
(5) Any other teacher or faculty member employed in any
school, college, university, institution, or other agency wholly
controlled and managed, and supported in whole or in part, by the
state or any political subdivision thereof, including Central
state university, Cleveland state university, and the university
of Toledo;
(6) The educational employees of the department of education,
as determined by the state superintendent of public instruction;
(7) Any person having a license issued pursuant to sections
3319.22 to 3319.31 of the Revised Code and performing teaching
services for an entity providing internet- or computer-based
instruction or distance learning programs to students by contract
with a school district, the governing authority of a community
school established under Chapter 3314. of the Revised Code, or the
governing body of a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code.
In all cases of doubt, the state teachers retirement board
shall determine whether any person is a teacher, and its decision
shall be final.
"Teacher" does not include any eligible employee of a public
institution of higher education, as defined in section 3305.01 of
the Revised Code, who elects to participate in an alternative
retirement plan established under Chapter 3305. of the Revised
Code.
(C) "Member" means any person included in the membership of
the state teachers retirement system, which shall consist of all
teachers and contributors as defined in divisions (B) and (D) of
this section and all disability benefit recipients, as defined in
section 3307.50 of the Revised Code. However, for purposes of this
chapter, the following persons shall not be considered members:
(1) A student, intern, or resident who is not a member while
employed part-time by a school, college, or university at which
the student, intern, or resident is regularly attending classes;
(2) A person denied membership pursuant to section 3307.24 of
the Revised Code;
(3) An other system retirant, as defined in section 3307.35
of the Revised Code, or a superannuate;
(4) An individual employed in a program established pursuant
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29
U.S.C.A. 1501;
(5) The surviving spouse of a member or retirant if the
surviving spouse's only connection to the retirement system is an
account in an STRS defined contribution plan.
(D) "Contributor" means any person who has an account in the
teachers' savings fund or defined contribution fund, except that
"contributor" does not mean a member or retirant's surviving
spouse with an account in an STRS defined contribution plan.
(E) "Beneficiary" means any person eligible to receive, or in
receipt of, a retirement allowance or other benefit provided by
this chapter.
(F) "Year" means the year beginning the first day of July and
ending with the thirtieth day of June next following, except that
for the purpose of determining final average salary under the plan
described in sections 3307.50 to 3307.79 of the Revised Code,
"year" may mean the contract year.
(G) "Local district pension system" means any school teachers
pension fund created in any school district of the state in
accordance with the laws of the state prior to September 1, 1920.
(H) "Employer contribution" means the amount paid by an
employer, as determined by the employer rate, including the normal
and deficiency rates, contributions, and funds wherever used in
this chapter.
(I) "Five years of service credit" means employment covered
under this chapter and employment covered under a former
retirement plan operated, recognized, or endorsed by a college,
institute, university, or political subdivision of this state
prior to coverage under this chapter.
(J) "Actuary" means an actuarial professional contracted with
or employed by the state teachers retirement board, who shall be
either of the following:
(1) A member of the American academy of actuaries;
(2) A firm, partnership, or corporation of which at least one
person is a member of the American academy of actuaries.
(K) "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.
(L)(1) Except as provided in this division, "compensation"
means all salary, wages, and other earnings paid to a teacher by
reason of the teacher's employment, including compensation paid
pursuant to a supplemental contract. The salary, wages, and other
earnings shall be determined prior to determination of the amount
required to be contributed to the teachers' savings fund or
defined contribution fund under section 3307.26 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.
(2) Compensation does not include any of the following:
(a) Payments for accrued but unused sick leave or personal
leave, including payments made under a plan established pursuant
to section 124.39 of the Revised Code or any other plan
established by the employer;
(b) Payments made for accrued but unused vacation leave,
including payments made pursuant to section 124.13 of the Revised
Code or a plan established by the employer;
(c) Payments made for vacation pay covering concurrent
periods for which other salary, compensation, or benefits under
this chapter or Chapter 145. or 3309. of the Revised Code are
paid;
(d) Amounts paid by the employer to provide life insurance,
sickness, accident, endowment, health, medical, hospital, dental,
or surgical coverage, or other insurance for the teacher or the
teacher's family, or amounts paid by the employer to the teacher
in lieu of providing the insurance;
(e) Incidental benefits, including lodging, food, laundry,
parking, or services furnished by the employer, use of the
employer's property or equipment, and reimbursement for
job-related expenses authorized by the employer, including moving
and travel expenses and expenses related to professional
development;
(f) Payments made by the employer in exchange for a member's
waiver of a right to receive any payment, amount, or benefit
described in division (L)(2) of this section;
(g) Payments by the employer for services not actually
rendered;
(h) Any amount paid by the employer as a retroactive increase
in salary, wages, or other earnings, unless the increase is one of
the following:
(i) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for teaching and not designated for being an
administrator issued under section 3319.22 of the Revised Code
that is paid in accordance with uniform criteria applicable to all
members employed by the board in positions requiring the licenses;
(ii) A retroactive increase paid to a member employed by a
school district board of education in a position that requires a
license designated for being an administrator issued under section
3319.22 of the Revised Code that is paid in accordance with
uniform criteria applicable to all members employed by the board
in positions requiring the licenses;
(iii) A retroactive increase paid to a member employed by a
school district board of education as a superintendent that is
also paid as described in division (L)(2)(h)(i) of this section;
(iv) A retroactive increase paid to a member employed by an
employer other than a school district board of education in
accordance with uniform criteria applicable to all members
employed by the employer.
(i) Payments made to or on behalf of a teacher 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. For a teacher who first establishes
membership before July 1, 1996, the annual compensation that may
be taken into account by the retirement system shall be determined
under division (d)(3) of section 13212 of the "Omnibus Budget
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.
(j) 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;
(k) Anything of value received by the teacher that is based
on or attributable to retirement or an agreement to retire;
(l) Any amount paid by the employer as a retroactive payment
of earnings, damages, or back pay pursuant to a court order,
court-adopted settlement agreement, or other settlement agreement,
unless the retirement system receives both of the following:
(i) Teacher and employer contributions under sections 3307.26
and 3307.28 of the Revised Code, plus interest compounded annually
at a rate determined by the board, for each year or portion of a
year for which amounts are paid under the order or agreement;
(ii) Teacher and employer contributions under sections
3307.26 and 3307.28 of the Revised Code, plus interest compounded
annually at a rate determined by the board, for each year or
portion of a year not subject to division (L)(2)(l)(i) of this
section for which the board determines the teacher was improperly
paid, regardless of the teacher's ability to recover on such
amounts improperly paid.
(3) The retirement board shall determine both of the
following:
(a) Whether particular forms of earnings are included in any
of the categories enumerated in this division;
(b) Whether any form of earnings not enumerated in this
division is to be included in compensation.
Decisions of the board made under this division shall be
final.
(M) "Superannuate" means both of the following:
(1) A former teacher receiving from the system a retirement
allowance under section 3307.58 or 3307.59 of the Revised Code;
(2) A former teacher receiving a benefit from the system
under a plan established under section 3307.81 of the Revised
Code, except that "superannuate" does not include a former teacher
who is receiving a benefit based on disability under a plan
established under section 3307.81 of the Revised Code.
For purposes of sections 3307.35 and 3307.353 of the Revised
Code, "superannuate" also means a former teacher receiving from
the system a combined service retirement benefit paid in
accordance with section 3307.57 of the Revised Code, regardless of
which retirement system is paying the benefit.
(N) "STRS defined benefit plan" means the plan described in
sections 3307.50 to 3307.79 of the Revised Code.
(O) "STRS defined contribution plan" means the plans
established under section 3307.81 of the Revised Code and includes
the STRS combined plan under that section.
Section 2. That existing section 3307.01 of the Revised Code
is hereby repealed.
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