Bill Text: OH SB66 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To provide health insurance benefits to dependents of volunteer firefighters killed in the line of duty.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2009-03-04 - To Insurance, Commerce, & Labor [SB66 Detail]

Download: Ohio-2009-SB66-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 66

Senator Faber 

Cosponsors: Senators Schaffer, Stewart, Gibbs, Wagoner, Schuler, Turner 

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A BILL

To amend sections 146.01, 146.12, and 742.45 of the

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Revised Code to provide health insurance benefits

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to dependents of volunteer firefighters killed in

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the line of duty.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 146.01, 146.12, and 742.45 of the	5
Revised Code be amended to read as follows:	6

Sec. 146.01.  As used in sections 146.01 to 146.19 of the	7
Revised Code:	8

(A) "Fire department" means a volunteer fire department, a	9
fire department of a political subdivision or fire district of	10
this state, or a private volunteer company that has elected to	11
participate in the volunteer fire fighters' dependents fund	12
pursuant to section 146.02 of the Revised Code.	13

(B)(1) "Volunteer firefighter" means both of the following,	14
subject to division (B)(2) of this section:	15

(a) A duly appointed member of a fire department on either a	16
nonpay or part-pay basis who is ineligible to be a member of the	17
Ohio police and fire pension fund, or whose employment as a	18
firefighter does not in itself qualify any such person for	19
membership in the public employees retirement system, or who has	20
waived membership in the public employees retirement system;	21

(b) Firefighters drafted, requisitioned, or appointed to	22
serve in an emergency.	23

(2)(a) A volunteer firefighter who is a member of the public	24
employees retirement system shall be considered a volunteer	25
firefighter for purposes of this chapter, and in particular, for	26
purposes of divisions (A) and (B) of section 146.12 of the Revised	27
Code until the firefighter has at least one and one-half years of	28
Ohio service credit for purposes of division (B) of section 145.45	29
of the Revised Code;	30

(b) A volunteer firefighter who is a member of the public	31
employees retirement system shall be considered a volunteer	32
firefighter for purposes of this chapter and, in particular, for	33
purposes of division (C)(D) of section 146.12 of the Revised Code	34
until the firefighter has at least five years of total service	35
credit for purposes of sections 145.35 and 145.36 or section	36
145.361 of the Revised Code.	37

(C) "Private volunteer fire company" means a company of	38
trained volunteer firefighters having a contract to furnish fire	39
protection or emergency service or both to a political subdivision	40
or fire district of this state.	41

(D) "Member of the fund" includes a political subdivision or	42
fire district of this state that maintains in whole or in part a	43
volunteer fire department or employs volunteer firefighters, and a	44
private volunteer fire company that has elected to participate in	45
the volunteer fire fighters' dependents fund.	46

(E) "Volunteer fire fighters' dependents fund" means the fund	47
established by section 146.07 of the Revised Code.	48

(F) "Totally and permanently disabled" means that a volunteer	49
firefighter is unable to engage in any substantial gainful	50
employment for a period of not less than twelve months by reason	51
of a medically determinable physical impairment that is permanent	52
or presumed to be permanent.	53

Sec. 146.12.  Benefits shall be paid from the volunteer fire	54
fighters' dependents fund to or on behalf of the following	55
persons:	56

(A) To the surviving spouse of a volunteer firefighter killed	57
while discharging the duties of a volunteer firefighter or who	58
dies from exposure or injury received while in the discharge of	59
those duties, a lump sum award of one thousand dollars, and, in	60
addition, the sum of three hundred dollars per month;	61

(B) To the parent, guardian, or other persons upon whom a	62
child of a volunteer firefighter is dependent for chief support,	63
the sum of one hundred twenty-five dollars per month for each	64
dependent child under eighteen years of age, or under twenty-three	65
years of age if the child is attending a post-secondary	66
educational institution and is completing a program of instruction	67
each school year that satisfies the equivalent of at least	68
two-thirds of the full-time curriculum requirements of the	69
institution.	70

(C) To the dependents of a volunteer firefighter killed while	71
discharging the duties of a volunteer firefighter or who dies from	72
exposure or injury received while in the discharge of those	73
duties, coverage for health insurance benefits established by the	74
board of trustees of the Ohio police and fire pension fund under	75
section 742.45 of the Revised Code if none of the following are	76
true:	77

(1) The dependents are eligible for coverage under any	78
employer-sponsored health benefit plan.	79

(2) The dependents are covered under any health benefit plan.

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(3) The dependents are eligible for coverage under the	81
medicaid program established under Chapter 5111. of the Revised	82
Code or the medicare program established under Title XVIII of the	83
"Social Security Act," 42 U.S.C. 1395.	84

(D) To a volunteer firefighter, totally and permanently	85
disabled while discharging the duties of a volunteer firefighter,	86
the sum of three hundred dollars per month. No payment shall be	87
made to a volunteer firefighter under full salary during the time	88
of the volunteer firefighter's disability.	89

(E) As used in this section, "health benefit plan" means any	90
of the following when the contract, policy, or plan provides	91
payment or reimbursement for the costs of health care services	92
other than for specific diseases and accidents only:	93

(1) An individual or group policy of sickness and accident	94
insurance;	95

(2) An individual or group contract of a health insuring	96
corporation;	97

(3) A public employee benefit plan;

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(4) A multiple employer welfare arrangement as defined in	99
section 1739.01 of the Revised Code;	100

(5) A health benefit plan as regulated under the "Employee	101
Retirement Income Security Act of 1974," 29 U.S.C. 1001, et seq.	102

Sec. 742.45.  (A) The board of trustees of the Ohio police	103
and fire pension fund may enter into an agreement with insurance	104
companies, health insuring corporations, or government agencies	105
authorized to do business in the state for issuance of a policy or	106
contract of health, medical, hospital, or surgical benefits, or	107
any combination thereof, for those individuals receiving service	108
or disability pensions or survivor benefits subscribing to the	109
plan. Notwithstanding any other provision of this chapter, the	110
policy or contract may also include coverage for any eligible	111
individual's spouse and dependent children and for any of the	112
eligible individual's sponsored dependents as the board considers	113
appropriate.	114

The board shall enter into an agreement for issuance of a	115
policy or contract of health, medical, hospital, or surgical	116
benefits, or any combination thereof, pursuant to this section for	117
those individuals receiving survivor benefits under division (C)	118
of section 146.12 of the Revised Code.	119

If all or any portion of the policy or contract premium is to	120
be paid by any individual receiving a service, disability, or	121
survivor pension or benefit, the individual shall, by written	122
authorization, instruct the board to deduct from the individual's	123
benefit the premium agreed to be paid by the individual to the	124
company, corporation, or agency.	125

The board may contract for coverage on the basis of part or	126
all of the cost of the coverage to be paid from appropriate funds	127
of the Ohio police and fire pension fund. The cost paid from the	128
funds of the Ohio police and fire pension fund shall be included	129
in the employer's contribution rates provided by sections 742.33	130
and 742.34 of the Revised Code.	131

The board may provide for self-insurance of risk or level of	132
risk as set forth in the contract with the companies,	133
corporations, or agencies, and may provide through the	134
self-insurance method specific benefits as authorized by the rules	135
of the board.	136

(B) The board shall, beginning the month following receipt of	137
satisfactory evidence of the payment for coverage, pay monthly to	138
each recipient of service, disability, or survivor benefits under	139
the Ohio police and fire pension fund who is eligible for medical	140
insurance coverage under part B of "The Social Security Amendments	141
of 1965," 79 Stat. 301, 42 U.S.C.A. 1395j, as amended, an amount	142
equal to the basic premiums for such coverage.	143

(C) The board shall establish by rule requirements for the	144
coordination of any coverage, payment, or benefit provided under	145
this section with any similar coverage, payment, or benefit made	146
available to the same individual by the public employees	147
retirement system, state teachers retirement system, school	148
employees retirement system, or state highway patrol retirement	149
system.	150

(D) The board shall make all other necessary rules pursuant	151
to the purpose and intent of this section.	152

Section 2. That existing sections 146.01, 146.12, and 742.45	153
of the Revised Code are hereby repealed.	154