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S. B. No. 385 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend section 145.58 of the Revised Code to
provide that Public Employees Retirement System
members retiring on or after January 1, 2015, who
have attained age sixty with fifteen or more years
but less than twenty years of service credit on
that date, are treated as retiring on or before
December 1, 2014, for purposes of qualifying for
any retiree health care coverage provided by the
Retirement System and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 145.58 of the Revised Code be
amended to read as follows:
Sec. 145.58. (A) The public employees retirement board shall
adopt rules establishing eligibility for any coverage provided
under this section. The rules shall base eligibility on years and
types of service credit earned by members. Eligibility
determinations shall be made in accordance with the rules, except
that an as follows:
(1) For purposes of determining eligibility for any coverage
provided under this section, a member with a retirement effective
date on or after January 1, 2015, who has attained age sixty with
fifteen or more years but less than twenty years of service credit
on January 1, 2015, shall be treated as having a retirement
effective date on or before December 1, 2014;
(2) An individual who, as a result of making a false
statement in an attempt to secure a benefit under this section, is
convicted of violating section 2921.13 of the Revised Code is
ineligible for coverage.
(B) The board may enter into agreements with insurance
companies, health insuring corporations, or government agencies
authorized to do business in the state for issuance of a policy or
contract of health, medical, hospital, or surgical benefits, or
any combination thereof, for eligible individuals receiving age
and service retirement or a disability or survivor benefit
subscribing to the plan, or for PERS retirants employed under
section 145.38 of the Revised Code, for coverage of benefits in
accordance with division (C)(2) of section 145.38 of the Revised
Code. Notwithstanding any other provision of this chapter, the
policy or contract may also include coverage for any eligible
individual's spouse and dependent children and for any of the
eligible individual's sponsored dependents as the board determines
appropriate. If all or any portion of the policy or contract
premium is to be paid by any individual receiving age and service
retirement or a disability or survivor benefit, the individual
shall, by written authorization, instruct the board to deduct the
premium agreed to be paid by the individual to the company,
corporation, or agency.
The board may contract for coverage on the basis of part or
all of the cost of the coverage to be paid from appropriate funds
of the public employees retirement system. The cost paid from the
funds of the system shall be included in the employer's
contribution rate provided by sections 145.48 and 145.51 of the
Revised Code. The board may by rule provide coverage to
individuals who are not eligible under the rules adopted under
division (A) of this section if the coverage is provided at no
cost to the retirement system. The board shall not pay or
reimburse the cost for coverage under this section or section
145.584 of the Revised Code for any such individual.
The board may provide for self-insurance of risk or level of
risk as set forth in the contract with the companies,
corporations, or agencies, and may provide through the
self-insurance method specific benefits as authorized by rules of
the board.
(C) The board shall, beginning the month following receipt of
satisfactory evidence of the payment for coverage, pay monthly to
each recipient of service retirement, or a disability or survivor
benefit under the public employees retirement system who is
eligible for coverage under part B of the medicare program
established under Title XVIII of "The Social Security Act
Amendments of 1965," 79 Stat. 301 (1965), 42 U.S.C.A. 1395j, as
amended, an amount determined by the board for such coverage,
except that the board shall make no such payment to any individual
who is not eligible for coverage under the rules adopted under
division (A) of this section or pay an amount that exceeds the
amount paid by the recipient for the coverage.
At the request of the board, the recipient shall certify to
the retirement system the amount paid by the recipient for
coverage described in this division.
(D) The board shall establish by rule requirements for the
coordination of any coverage, payment, or benefit provided under
this section or section 145.584 of the Revised Code with any
similar coverage, payment, or benefit made available to the same
individual by the Ohio police and fire pension fund, state
teachers retirement system, school employees retirement system, or
state highway patrol retirement system.
(E) The board shall make all other necessary rules pursuant
to the purpose and intent of this section.
Section 2. That existing section 145.58 of the Revised Code
is hereby repealed.
Section 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
immediate action is needed to ensure that Public Employees
Retirement System members retiring on or after January 1, 2015,
who are treated under the act as retiring on or before December 1,
2014, qualify for any retiree health care coverage provided by the
Retirement System. Therefore, this act shall go into immediate
effect.
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