Bill Text: OH HB202 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To limit the retirement benefit of a re-employed retiree of a public retirement system and eliminate the deferred retirement option plan in the Ohio Police and Fire Pension Fund and State Highway Patrol Retirement System.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-04-12 - To Health & Aging [HB202 Detail]

Download: Ohio-2011-HB202-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 202

Representative Hollington 

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A BILL

To amend sections 145.01, 145.191, 145.38, 145.384,

1

145.473, 145.561, 145.58, 742.26, 742.44, 742.46,

2

3307.35, 3307.42, 3309.341, 3309.661, 3501.13, and

3

5505.51 of the Revised Code to limit the

4

retirement benefit of a re-employed retiree of a

5

public retirement system and eliminate the

6

deferred retirement option plan in the Ohio Police

7

and Fire Pension Fund and State Highway Patrol

8

Retirement System.

9

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

Section 1.  That sections 145.01, 145.191, 145.38, 145.384,	10
145.473, 145.561, 145.58, 742.26, 742.44, 742.46, 3307.35,	11
3307.42, 3309.341, 3309.661, 3501.13, and 5505.51 of the Revised	12
Code be amended to read as follows:	13

Sec. 145.01.  As used in this chapter:

14

(A) "Public employee" means:

15

(1) Any person holding an office, not elective, under the	16
state or any county, township, municipal corporation, park	17
district, conservancy district, sanitary district, health	18
district, metropolitan housing authority, state retirement board,	19
Ohio historical society, public library, county law library, union	20
cemetery, joint hospital, institutional commissary, state	21
university, or board, bureau, commission, council, committee,	22
authority, or administrative body as the same are, or have been,	23
created by action of the general assembly or by the legislative	24
authority of any of the units of local government named in	25
division (A)(1) of this section, or employed and paid in whole or	26
in part by the state or any of the authorities named in division	27
(A)(1) of this section in any capacity not covered by section	28
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	29

(2) A person who is a member of the public employees	30
retirement system and who continues to perform the same or similar	31
duties under the direction of a contractor who has contracted to	32
take over what before the date of the contract was a publicly	33
operated function. The governmental unit with which the contract	34
has been made shall be deemed the employer for the purposes of	35
administering this chapter.	36

(3) Any person who is an employee of a public employer,	37
notwithstanding that the person's compensation for that employment	38
is derived from funds of a person or entity other than the	39
employer. Credit for such service shall be included as total	40
service credit, provided that the employee makes the payments	41
required by this chapter, and the employer makes the payments	42
required by sections 145.48 and 145.51 of the Revised Code.	43

(4) A person who elects in accordance with section 145.015 of	44
the Revised Code to remain a contributing member of the public	45
employees retirement system.	46

In all cases of doubt, the public employees retirement board	47
shall determine whether any person is a public employee, and its	48
decision is final.	49

(B) "Member" means any public employee, other than a public	50
employee excluded or exempted from membership in the retirement	51
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	52
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	53
retirant who becomes a member under division (C) of section 145.38	54
of the Revised Code. "Member" also includes a disability benefit	55
recipient.	56

(C) "Head of the department" means the elective or appointive	57
head of the several executive, judicial, and administrative	58
departments, institutions, boards, and commissions of the state	59
and local government as the same are created and defined by the	60
laws of this state or, in case of a charter government, by that	61
charter.	62

(D) "Employer" or "public employer" means the state or any	63
county, township, municipal corporation, park district,	64
conservancy district, sanitary district, health district,	65
metropolitan housing authority, state retirement board, Ohio	66
historical society, public library, county law library, union	67
cemetery, joint hospital, institutional commissary, state medical	68
college, state university, or board, bureau, commission, council,	69
committee, authority, or administrative body as the same are, or	70
have been, created by action of the general assembly or by the	71
legislative authority of any of the units of local government	72
named in this division not covered by section 742.01, 3307.01,	73
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	74
means the employer of any public employee.	75

(E) "Prior service" means all service as a public employee	76
rendered before January 1, 1935, and all service as an employee of	77
any employer who comes within the state teachers retirement system	78
or of the school employees retirement system or of any other	79
retirement system established under the laws of this state	80
rendered prior to January 1, 1935, provided that if the employee	81
claiming the service was employed in any capacity covered by that	82
other system after that other system was established, credit for	83
the service may be allowed by the public employees retirement	84
system only when the employee has made payment, to be computed on	85
the salary earned from the date of appointment to the date	86
membership was established in the public employees retirement	87
system, at the rate in effect at the time of payment, and the	88
employer has made payment of the corresponding full liability as	89
provided by section 145.44 of the Revised Code. "Prior service"	90
also means all service credited for active duty with the armed	91
forces of the United States as provided in section 145.30 of the	92
Revised Code.	93

If an employee who has been granted prior service credit by	94
the public employees retirement system for service rendered prior	95
to January 1, 1935, as an employee of a board of education	96
establishes, before retirement, one year or more of contributing	97
service in the state teachers retirement system or school	98
employees retirement system, then the prior service ceases to be	99
the liability of this system.	100

If the board determines that a position of any member in any	101
calendar year prior to January 1, 1935, was a part-time position,	102
the board shall determine what fractional part of a year's credit	103
shall be allowed by the following formula:	104

(1) When the member has been either elected or appointed to	105
an office the term of which was two or more years and for which an	106
annual salary is established, the fractional part of the year's	107
credit shall be computed as follows:	108

First, when the member's annual salary is one thousand	109
dollars or less, the service credit for each such calendar year	110
shall be forty per cent of a year.	111

Second, for each full one hundred dollars of annual salary	112
above one thousand dollars, the member's service credit for each	113
such calendar year shall be increased by two and one-half per	114
cent.	115

(2) When the member is paid on a per diem basis, the service	116
credit for any single year of the service shall be determined by	117
using the number of days of service for which the compensation was	118
received in any such year as a numerator and using two hundred	119
fifty days as a denominator.	120

(3) When the member is paid on an hourly basis, the service	121
credit for any single year of the service shall be determined by	122
using the number of hours of service for which the compensation	123
was received in any such year as a numerator and using two	124
thousand hours as a denominator.	125

(F) "Contributor" means any person who has an account in the	126
employees' savings fund created by section 145.23 of the Revised	127
Code. When used in the sections listed in division (B) of section	128
145.82 of the Revised Code, "contributor" includes any person	129
participating in a PERS defined contribution plan.	130

(G) "Beneficiary" or "beneficiaries" means the estate or a	131
person or persons who, as the result of the death of a member,	132
contributor, or retirant, qualify for or are receiving some right	133
or benefit under this chapter.	134

(H)(1) "Total service credit," except as provided in section	135
145.37 of the Revised Code, means all service credited to a member	136
of the retirement system since last becoming a member, including	137
restored service credit as provided by section 145.31 of the	138
Revised Code; credit purchased under sections 145.293 and 145.299	139
of the Revised Code; all the member's prior service credit; all	140
the member's military service credit computed as provided in this	141
chapter; all service credit established pursuant to section	142
145.297 of the Revised Code; and any other service credited under	143
this chapter. In addition, "total service credit" includes any	144
period, not in excess of three years, during which a member was	145
out of service and receiving benefits under Chapters 4121. and	146
4123. of the Revised Code. For the exclusive purpose of satisfying	147
the service credit requirement and of determining eligibility for	148
benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36,	149
and 145.361 of the Revised Code, "five or more years of total	150
service credit" means sixty or more calendar months of	151
contributing service in this system.	152

(2) "One and one-half years of contributing service credit,"	153
as used in division (B) of section 145.45 of the Revised Code,	154
also means eighteen or more calendar months of employment by a	155
municipal corporation that formerly operated its own retirement	156
plan for its employees or a part of its employees, provided that	157
all employees of that municipal retirement plan who have eighteen	158
or more months of such employment, upon establishing membership in	159
the public employees retirement system, shall make a payment of	160
the contributions they would have paid had they been members of	161
this system for the eighteen months of employment preceding the	162
date membership was established. When that payment has been made	163
by all such employee members, a corresponding payment shall be	164
paid into the employers' accumulation fund by that municipal	165
corporation as the employer of the employees.	166

(3) Where a member also is a member of the state teachers	167
retirement system or the school employees retirement system, or	168
both, except in cases of retirement on a combined basis pursuant	169
to section 145.37 of the Revised Code or as provided in section	170
145.383 of the Revised Code, service credit for any period shall	171
be credited on the basis of the ratio that contributions to the	172
public employees retirement system bear to total contributions in	173
all state retirement systems.	174

(4) Not more than one year of credit may be given for any	175
period of twelve months.	176

(5) "Ohio service credit" means credit for service that was	177
rendered to the state or any of its political subdivisions or any	178
employer.	179

(I) "Regular interest" means interest at any rates for the	180
respective funds and accounts as the public employees retirement	181
board may determine from time to time.	182

(J) "Accumulated contributions" means the sum of all amounts	183
credited to a contributor's individual account in the employees'	184
savings fund together with any interest credited to the	185
contributor's account under section 145.471 or 145.472 of the	186
Revised Code.	187

(K)(1) "Final average salary" means the quotient obtained by	188
dividing by three the sum of the three full calendar years of	189
contributing service in which the member's earnable salary was	190
highest, except that if the member has a partial year of	191
contributing service in the year the member's employment	192
terminates and the member's earnable salary for the partial year	193
is higher than for any comparable period in the three years, the	194
member's earnable salary for the partial year shall be substituted	195
for the member's earnable salary for the comparable period during	196
the three years in which the member's earnable salary was lowest.	197

(2) If a member has less than three years of contributing	198
service, the member's final average salary shall be the member's	199
total earnable salary divided by the total number of years,	200
including any fraction of a year, of the member's contributing	201
service.	202

(3) For the purpose of calculating benefits payable to a	203
member qualifying for service credit under division (Z) of this	204
section, "final average salary" means the total earnable salary on	205
which contributions were made divided by the total number of years	206
during which contributions were made, including any fraction of a	207
year. If contributions were made for less than twelve months,	208
"final average salary" means the member's total earnable salary.	209

(L) "Annuity" means payments for life derived from	210
contributions made by a contributor and paid from the annuity and	211
pension reserve fund as provided in this chapter. All annuities	212
shall be paid in twelve equal monthly installments.	213

(M) "Annuity reserve" means the present value, computed upon	214
the basis of the mortality and other tables adopted by the board,	215
of all payments to be made on account of any annuity, or benefit	216
in lieu of any annuity, granted to a retirant as provided in this	217
chapter.	218

(N)(1) "Disability retirement" means retirement as provided	219
in section 145.36 of the Revised Code.	220

(2) "Disability allowance" means an allowance paid on account	221
of disability under section 145.361 of the Revised Code.	222

(3) "Disability benefit" means a benefit paid as disability	223
retirement under section 145.36 of the Revised Code, as a	224
disability allowance under section 145.361 of the Revised Code, or	225
as a disability benefit under section 145.37 of the Revised Code.	226

(4) "Disability benefit recipient" means a member who is	227
receiving a disability benefit.	228

(O) "Age and service retirement" means retirement as provided	229
in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of	230
the Revised Code.	231

(P) "Pensions" means annual payments for life derived from	232
contributions made by the employer that at the time of retirement	233
are credited into the annuity and pension reserve fund from the	234
employers' accumulation fund and paid from the annuity and pension	235
reserve fund as provided in this chapter. All pensions shall be	236
paid in twelve equal monthly installments.	237

(Q) "Retirement allowance" means the pension plus that	238
portion of the benefit derived from contributions made by the	239
member.	240

(R)(1) Except as otherwise provided in division (R) of this	241
section, "earnable salary" means all salary, wages, and other	242
earnings paid to a contributor by reason of employment in a	243
position covered by the retirement system. The salary, wages, and	244
other earnings shall be determined prior to determination of the	245
amount required to be contributed to the employees' savings fund	246
under section 145.47 of the Revised Code and without regard to	247
whether any of the salary, wages, or other earnings are treated as	248
deferred income for federal income tax purposes. "Earnable salary"	249
includes the following:	250

(a) Payments made by the employer in lieu of salary, wages,	251
or other earnings for sick leave, personal leave, or vacation used	252
by the contributor;	253

(b) Payments made by the employer for the conversion of sick	254
leave, personal leave, and vacation leave accrued, but not used if	255
the payment is made during the year in which the leave is accrued,	256
except that payments made pursuant to section 124.383 or 124.386	257
of the Revised Code are not earnable salary;	258

(c) Allowances paid by the employer for full maintenance,	259
consisting of housing, laundry, and meals, as certified to the	260
retirement board by the employer or the head of the department	261
that employs the contributor;	262

(d) Fees and commissions paid under section 507.09 of the	263
Revised Code;	264

(e) Payments that are made under a disability leave program	265
sponsored by the employer and for which the employer is required	266
by section 145.296 of the Revised Code to make periodic employer	267
and employee contributions;	268

(f) Amounts included pursuant to divisions (K)(3) and (Y) of	269
this section.	270

(2) "Earnable salary" does not include any of the following:

271

(a) Fees and commissions, other than those paid under section	272
507.09 of the Revised Code, paid as sole compensation for personal	273
services and fees and commissions for special services over and	274
above services for which the contributor receives a salary;	275

(b) Amounts paid by the employer to provide life insurance,	276
sickness, accident, endowment, health, medical, hospital, dental,	277
or surgical coverage, or other insurance for the contributor or	278
the contributor's family, or amounts paid by the employer to the	279
contributor in lieu of providing the insurance;	280

(c) Incidental benefits, including lodging, food, laundry,	281
parking, or services furnished by the employer, or use of the	282
employer's property or equipment, or amounts paid by the employer	283
to the contributor in lieu of providing the incidental benefits;	284

(d) Reimbursement for job-related expenses authorized by the	285
employer, including moving and travel expenses and expenses	286
related to professional development;	287

(e) Payments for accrued but unused sick leave, personal	288
leave, or vacation that are made at any time other than in the	289
year in which the sick leave, personal leave, or vacation was	290
accrued;	291

(f) Payments made to or on behalf of a contributor that are	292
in excess of the annual compensation that may be taken into	293
account by the retirement system under division (a)(17) of section	294
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	295
U.S.C.A. 401(a)(17), as amended;	296

(g) Payments made under division (B), (C), or (E) of section	297
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	298
No. 3 of the 119th general assembly, Section 3 of Amended	299
Substitute Senate Bill No. 164 of the 124th general assembly, or	300
Amended Substitute House Bill No. 405 of the 124th general	301
assembly;	302

(h) Anything of value received by the contributor that is	303
based on or attributable to retirement or an agreement to retire,	304
except that payments made on or before January 1, 1989, that are	305
based on or attributable to an agreement to retire shall be	306
included in earnable salary if both of the following apply:	307

(i) The payments are made in accordance with contract	308
provisions that were in effect prior to January 1, 1986;	309

(ii) The employer pays the retirement system an amount	310
specified by the retirement board equal to the additional	311
liability resulting from the payments.	312

(3) The retirement board shall determine by rule whether any	313
compensation not enumerated in division (R) of this section is	314
earnable salary, and its decision shall be final.	315

(S) "Pension reserve" means the present value, computed upon	316
the basis of the mortality and other tables adopted by the board,	317
of all payments to be made on account of any retirement allowance	318
or benefit in lieu of any retirement allowance, granted to a	319
member or beneficiary under this chapter.	320

(T)(1) "Contributing service" means all service credited to a	321
member of the system since January 1, 1935, for which	322
contributions are made as required by sections 145.47, 145.48, and	323
145.483 of the Revised Code. In any year subsequent to 1934,	324
credit for any service shall be allowed by the following formula:	325

(a) For each month for which the member's earnable salary is	326
two hundred fifty dollars or more, allow one month's credit.	327

(b) For each month for which the member's earnable salary is	328
less than two hundred fifty dollars, allow a fraction of a month's	329
credit. The numerator of this fraction shall be the earnable	330
salary during the month, and the denominator shall be two hundred	331
fifty dollars, except that if the member's annual earnable salary	332
is less than six hundred dollars, the member's credit shall not be	333
reduced below twenty per cent of a year for a calendar year of	334
employment during which the member worked each month. Division	335
(T)(1)(b) of this section shall not reduce any credit earned	336
before January 1, 1985.	337

(2) Notwithstanding division (T)(1) of this section, an	338
elected official who prior to January 1, 1980, was granted a full	339
year of credit for each year of service as an elected official	340
shall be considered to have earned a full year of credit for each	341
year of service regardless of whether the service was full-time or	342
part-time. The public employees retirement board has no authority	343
to reduce the credit.	344

(U) "State retirement board" means the public employees	345
retirement board, the school employees retirement board, or the	346
state teachers retirement board.	347

(V) "Retirant" means any former member who retires and is	348
receiving a monthly allowance as provided in sections 145.32,	349
145.33, 145.331, 145.34, and 145.46 of the Revised Code.	350

(W) "Employer contribution" means the amount paid by an	351
employer as determined under section 145.48 of the Revised Code.	352

(X) "Public service terminates" means the last day for which	353
a public employee is compensated for services performed for an	354
employer or the date of the employee's death, whichever occurs	355
first.	356

(Y) When a member has been elected or appointed to an office,	357
the term of which is two or more years, for which an annual salary	358
is established, and in the event that the salary of the office is	359
increased and the member is denied the additional salary by reason	360
of any constitutional provision prohibiting an increase in salary	361
during a term of office, the member may elect to have the amount	362
of the member's contributions calculated upon the basis of the	363
increased salary for the office. At the member's request, the	364
board shall compute the total additional amount the member would	365
have contributed, or the amount by which each of the member's	366
contributions would have increased, had the member received the	367
increased salary for the office the member holds. If the member	368
elects to have the amount by which the member's contribution would	369
have increased withheld from the member's salary, the member shall	370
notify the employer, and the employer shall make the withholding	371
and transmit it to the retirement system. A member who has not	372
elected to have that amount withheld may elect at any time to make	373
a payment to the retirement system equal to the additional amount	374
the member's contribution would have increased, plus interest on	375
that contribution, compounded annually at a rate established by	376
the board and computed from the date on which the last	377
contribution would have been withheld from the member's salary to	378
the date of payment. A member may make a payment for part of the	379
period for which the increased contribution was not withheld, in	380
which case the interest shall be computed from the date the last	381
contribution would have been withheld for the period for which the	382
payment is made. Upon the payment of the increased contributions	383
as provided in this division, the increased annual salary as	384
provided by law for the office for the period for which the member	385
paid increased contributions thereon shall be used in determining	386
the member's earnable salary for the purpose of computing the	387
member's final average salary.	388

(Z) "Five years of service credit," for the exclusive purpose	389
of satisfying the service credit requirements and of determining	390
eligibility for benefits under section 145.33 of the Revised Code,	391
means employment covered under this chapter or under a former	392
retirement plan operated, recognized, or endorsed by the employer	393
prior to coverage under this chapter or under a combination of the	394
coverage.	395

(AA) "Deputy sheriff" means any person who is commissioned	396
and employed as a full-time peace officer by the sheriff of any	397
county, and has been so employed since on or before December 31,	398
1965; any person who is or has been commissioned and employed as a	399
peace officer by the sheriff of any county since January 1, 1966,	400
and who has received a certificate attesting to the person's	401
satisfactory completion of the peace officer training school as	402
required by section 109.77 of the Revised Code; or any person	403
deputized by the sheriff of any county and employed pursuant to	404
section 2301.12 of the Revised Code as a criminal bailiff or court	405
constable who has received a certificate attesting to the person's	406
satisfactory completion of the peace officer training school as	407
required by section 109.77 of the Revised Code.	408

(BB) "Township constable or police officer in a township	409
police department or district" means any person who is	410
commissioned and employed as a full-time peace officer pursuant to	411
Chapter 505. or 509. of the Revised Code, who has received a	412
certificate attesting to the person's satisfactory completion of	413
the peace officer training school as required by section 109.77 of	414
the Revised Code.	415

(CC) "Drug agent" means any person who is either of the	416
following:	417

(1) Employed full time as a narcotics agent by a county	418
narcotics agency created pursuant to section 307.15 of the Revised	419
Code and has received a certificate attesting to the satisfactory	420
completion of the peace officer training school as required by	421
section 109.77 of the Revised Code;	422

(2) Employed full time as an undercover drug agent as defined	423
in section 109.79 of the Revised Code and is in compliance with	424
section 109.77 of the Revised Code.	425

(DD) "Department of public safety enforcement agent" means a	426
full-time employee of the department of public safety who is	427
designated under section 5502.14 of the Revised Code as an	428
enforcement agent and who is in compliance with section 109.77 of	429
the Revised Code.	430

(EE) "Natural resources law enforcement staff officer" means	431
a full-time employee of the department of natural resources who is	432
designated a natural resources law enforcement staff officer under	433
section 1501.013 of the Revised Code and is in compliance with	434
section 109.77 of the Revised Code.	435

(FF) "Park officer" means a full-time employee of the	436
department of natural resources who is designated a park officer	437
under section 1541.10 of the Revised Code and is in compliance	438
with section 109.77 of the Revised Code.	439

(GG) "Forest officer" means a full-time employee of the	440
department of natural resources who is designated a forest officer	441
under section 1503.29 of the Revised Code and is in compliance	442
with section 109.77 of the Revised Code.	443

(HH) "Preserve officer" means a full-time employee of the	444
department of natural resources who is designated a preserve	445
officer under section 1517.10 of the Revised Code and is in	446
compliance with section 109.77 of the Revised Code.	447

(II) "Wildlife officer" means a full-time employee of the	448
department of natural resources who is designated a wildlife	449
officer under section 1531.13 of the Revised Code and is in	450
compliance with section 109.77 of the Revised Code.	451

(JJ) "State watercraft officer" means a full-time employee of	452
the department of natural resources who is designated a state	453
watercraft officer under section 1547.521 of the Revised Code and	454
is in compliance with section 109.77 of the Revised Code.	455

(KK) "Park district police officer" means a full-time	456
employee of a park district who is designated pursuant to section	457
511.232 or 1545.13 of the Revised Code and is in compliance with	458
section 109.77 of the Revised Code.	459

(LL) "Conservancy district officer" means a full-time	460
employee of a conservancy district who is designated pursuant to	461
section 6101.75 of the Revised Code and is in compliance with	462
section 109.77 of the Revised Code.	463

(MM) "Municipal police officer" means a member of the	464
organized police department of a municipal corporation who is	465
employed full time, is in compliance with section 109.77 of the	466
Revised Code, and is not a member of the Ohio police and fire	467
pension fund.	468

(NN) "Veterans' home police officer" means any person who is	469
employed at a veterans' home as a police officer pursuant to	470
section 5907.02 of the Revised Code and is in compliance with	471
section 109.77 of the Revised Code.	472

(OO) "Special police officer for a mental health institution"	473
means any person who is designated as such pursuant to section	474
5119.14 of the Revised Code and is in compliance with section	475
109.77 of the Revised Code.	476

(PP) "Special police officer for an institution for the	477
mentally retarded and developmentally disabled" means any person	478
who is designated as such pursuant to section 5123.13 of the	479
Revised Code and is in compliance with section 109.77 of the	480
Revised Code.	481

(QQ) "State university law enforcement officer" means any	482
person who is employed full time as a state university law	483
enforcement officer pursuant to section 3345.04 of the Revised	484
Code and who is in compliance with section 109.77 of the Revised	485
Code.	486

(RR) "House sergeant at arms" means any person appointed by	487
the speaker of the house of representatives under division (B)(1)	488
of section 101.311 of the Revised Code who has arrest authority	489
under division (E)(1) of that section.	490

(SS) "Assistant house sergeant at arms" means any person	491
appointed by the house sergeant at arms under division (C)(1) of	492
section 101.311 of the Revised Code.	493

(TT) "Regional transit authority police officer" means a	494
person who is employed full time as a regional transit authority	495
police officer under division (Y) of section 306.35 of the Revised	496
Code and is in compliance with section 109.77 of the Revised Code.	497

(UU) "State highway patrol police officer" means a special	498
police officer employed full time and designated by the	499
superintendent of the state highway patrol pursuant to section	500
5503.09 of the Revised Code or a person serving full time as a	501
special police officer pursuant to that section on a permanent	502
basis on October 21, 1997, who is in compliance with section	503
109.77 of the Revised Code.	504

(VV) "Municipal public safety director" means a person who	505
serves full time as the public safety director of a municipal	506
corporation with the duty of directing the activities of the	507
municipal corporation's police department and fire department.	508

(WW) Notwithstanding section 2901.01 of the Revised Code,	509
"PERS law enforcement officer" means a sheriff or any of the	510
following whose primary duties are to preserve the peace, protect	511
life and property, and enforce the laws of this state: a deputy	512
sheriff, township constable or police officer in a township police	513
department or district, drug agent, department of public safety	514
enforcement agent, natural resources law enforcement staff	515
officer, park officer, forest officer, preserve officer, wildlife	516
officer, state watercraft officer, park district police officer,	517
conservancy district officer, veterans' home police officer,	518
special police officer for a mental health institution, special	519
police officer for an institution for the mentally retarded and	520
developmentally disabled, state university law enforcement	521
officer, municipal police officer, house sergeant at arms,	522
assistant house sergeant at arms, regional transit authority	523
police officer, or state highway patrol police officer. PERS law	524
enforcement officer also includes a person serving as a municipal	525
public safety director at any time during the period from	526
September 29, 2005, to the effective date of this amendmentMarch	527
24, 2009, if the duties of that service were to preserve the	528
peace, protect life and property, and enforce the laws of this	529
state.	530

(XX) "Hamilton county municipal court bailiff" means a person	531
appointed by the clerk of courts of the Hamilton county municipal	532
court under division (A)(3) of section 1901.32 of the Revised Code	533
who is employed full time as a bailiff or deputy bailiff, who has	534
received a certificate attesting to the person's satisfactory	535
completion of the peace officer basic training described in	536
division (D)(1) of section 109.77 of the Revised Code.	537

(YY) "PERS public safety officer" means a Hamilton county	538
municipal court bailiff, or any of the following whose primary	539
duties are other than to preserve the peace, protect life and	540
property, and enforce the laws of this state: a deputy sheriff,	541
township constable or police officer in a township police	542
department or district, drug agent, department of public safety	543
enforcement agent, natural resources law enforcement staff	544
officer, park officer, forest officer, preserve officer, wildlife	545
officer, state watercraft officer, park district police officer,	546
conservancy district officer, veterans' home police officer,	547
special police officer for a mental health institution, special	548
police officer for an institution for the mentally retarded and	549
developmentally disabled, state university law enforcement	550
officer, municipal police officer, house sergeant at arms,	551
assistant house sergeant at arms, regional transit authority	552
police officer, or state highway patrol police officer. PERS	553
public safety officer also includes a person serving as a	554
municipal public safety director at any time during the period	555
from September 29, 2005, to the effective date of this amendment	556
March 24, 2009, if the duties of that service were other than to	557
preserve the peace, protect life and property, and enforce the	558
laws of this state.	559

(ZZ) "Fiduciary" means a person who does any of the	560
following:	561

(1) Exercises any discretionary authority or control with	562
respect to the management of the system or with respect to the	563
management or disposition of its assets;	564

(2) Renders investment advice for a fee, direct or indirect,	565
with respect to money or property of the system;	566

(3) Has any discretionary authority or responsibility in the	567
administration of the system.	568

(AAA) "Actuary" means an individual who satisfies all of the	569
following requirements:	570

(1) Is a member of the American academy of actuaries;

571

(2) Is an associate or fellow of the society of actuaries;

572

(3) Has a minimum of five years' experience in providing	573
actuarial services to public retirement plans.	574

(BBB) "PERS defined benefit plan" means the plan described in	575
sections 145.201 to 145.79 of the Revised Code.	576

(CCC) "PERS defined contribution plans" means the plan or	577
plans established under section 145.81 of the Revised Code.	578

Sec. 145.191.  (A) Except as provided in division (E) of this	579
section, a public employees retirement system member or	580
contributor who, as of the last day of the month immediately	581
preceding the date on which the public employees retirement board	582
first establishes a PERS defined contribution plan, has less than	583
five years of total service credit is eligible to make an election	584
under this section. A member or contributor who is employed in	585
more than one position subject to this chapter is eligible to make	586
only one election. The election applies to all positions subject	587
to this chapter.	588

Not later than one hundred eighty days after the day the	589
board first establishes a PERS defined contribution plan, an	590
eligible member or contributor may elect to participate in a PERS	591
defined contribution plan. If a form evidencing an election is not	592
received by the system not later than the last day of the	593
one-hundred-eighty-day period, a member or contributor to whom	594
this section applies is deemed to have elected to continue	595
participating in the PERS defined benefit plan.	596

(B) An election under this section shall be made in writing	597
on a form provided by the system and filed with the system.	598

(C) On receipt of an election under this section, the system	599
shall do both of the following:	600

(1) Credit to the plan elected both of the following:

601

(a) Any employer contributions attributable to the member for	602
the period beginning on the day the board first established a PERS	603
defined contribution plan;	604

(b) All accumulated contributions attributable to the member	605
or contributor.	606

(2) Cancel all service credit and eligibility for any	607
payment, benefit, or right under the PERS defined benefit plan.	608

(D) An election under this section is effective as of the	609
date the board first established a PERS defined contribution plan	610
and, except as provided in section 145.814 of the Revised Code or	611
rules governing the PERS defined benefit plan, is irrevocable on	612
receipt by the system.	613

(E) An election may not be made under this section by a	614
member or contributor who is either of the following:	615

(1) A PERS retirant who is a member under division (C) of	616
section 145.38 of the Revised Code;	617

(2) Aa PERS law enforcement officer or a PERS public safety	618
officer.	619

Sec. 145.38.  (A) As used in this section and sections	620
145.381 and 145.384 of the Revised Code:	621

(1) "PERS retirant" means a former member of the public	622
employees retirement system who is receiving one of the following:	623

(a) Age and service retirement benefits under section 145.32,	624
145.33, 145.331, 145.34, or 145.46 of the Revised Code;	625

(b) Age and service retirement benefits paid by the public	626
employees retirement system under section 145.37 of the Revised	627
Code;	628

(c) Any benefit paid under a PERS defined contribution plan.

629

(2) "Other system retirant" means both of the following:

630

(a) A member or former member of the Ohio police and fire	631
pension fund, state teachers retirement system, school employees	632
retirement system, state highway patrol retirement system, or	633
Cincinnati retirement system who is receiving age and service or	634
commuted age and service retirement benefits or a disability	635
benefit from a system of which the person is a member or former	636
member;	637

(b) A member or former member of the public employees	638
retirement system who is receiving age and service retirement	639
benefits or a disability benefit under section 145.37 of the	640
Revised Code paid by the school employees retirement system or the	641
state teachers retirement system.	642

(3) "Retirement benefit" means an age and service retirement	643
as described in division (A)(1)(a), (1)(b), or (2) of this	644
section.	645

(B)(1) Subject to this section and section 145.381 of the	646
Revised Code, a PERS retirant or other system retirant may be	647
employed by a public employer. If so employed, the PERS retirant	648
or other system retirant shall contribute to the public employees	649
retirement system in accordance with section 145.47 of the Revised	650
Code, and the employer shall make contributions in accordance with	651
section 145.48 of the Revised Code.	652

(2) A public employer that employs a PERS retirant or other	653
system retirant, or enters into a contract for services as an	654
independent contractor with a PERS retirant, shall notify the	655
retirement board of the employment or contract not later than the	656
end of the month in which the employment or contract commences.	657
Any overpayment of benefits to a PERS retirant by the retirement	658
system resulting from delay or failure of the employer to give the	659
notice shall be repaid to the retirement system by the employer.	660

(3) On receipt of notice from a public employer that a person	661
who is an other system retirant has been employed, the retirement	662
system shall notify the retirement system of which the other	663
system retirant was a member of such employment.	664

(4)(a) A PERS retirant who has received a retirement	665
allowancebenefit for less than two months when employment subject	666
to this section commences shall forfeit the retirement allowance	667
benefit for any month the PERS retirant is employed prior to the	668
expiration of the two-month period. Service and contributions for	669
that period shall not be included in calculation of any benefits	670
payable to the PERS retirant, and those contributions shall be	671
refunded on the retirant's death or termination of the employment.	672

(b) An other system retirant who has received a retirement	673
allowancebenefit or disability benefit for less than two months	674
when employment subject to this section commences shall forfeit	675
the retirement allowancebenefit or disability benefit for any	676
month the other system retirant is employed prior to the	677
expiration of the two-month period. Service and contributions for	678
that period shall not be included in the calculation of any	679
benefits payable to the other system retirant, and those	680
contributions shall be refunded on the retirant's death or	681
termination of the employment.	682

(c) Contributions made on compensation earned after the	683
expiration of the two-month period shall be used in the	684
calculation of the benefit or payment due under section 145.384 of	685
the Revised Code.	686

(5) On receipt of notice from the Ohio police and fire	687
pension fund, school employees retirement system, or state	688
teachers retirement system of the re-employment of a PERS	689
retirant, the public employees retirement system shall not pay, or	690
if paid, shall recover, the amount to be forfeited by the PERS	691
retirant in accordance with section 742.26, 3307.35, or 3309.341	692
of the Revised Code.	693

(6)(a) If, subsequent to the period described in division	694
(B)(4) of this section, a PERS retirant or other system retirant	695
is employed in a position subject to this chapter and has annual	696
earnable salary in excess of fourteen thousand one hundred sixty	697
dollars, as adjusted under division (B)(6)(b) of this section, the	698
retirant shall forfeit one dollar of the retirement benefit for	699
each two dollars of earnable salary in the position subject to	700
this chapter.	701

(b) The excess earnings base established under division	702
(B)(6)(a) of this section shall be adjusted each year by the	703
actual average increase, if any, in the consumer price index	704
prepared by the United States bureau of labor statistics (U.S.	705
city average for urban wage earners and clerical workers: "all	706
items 1982-1984=100").	707

(7) A PERS retirant who enters into a contract to provide	708
services as an independent contractor to the employer by which the	709
retirant was employed at the time of retirement or, less than two	710
months after the retirement allowancebenefit commences, begins	711
providing services as an independent contractor pursuant to a	712
contract with another public employer, shall forfeit the pension	713
portion of the retirement benefit for the period beginning the	714
first day of the month following the month in which the services	715
begin and ending on the first day of the month following the month	716
in which the services end. The annuity portion of the retirement	717
allowancebenefit shall be suspended on the day services under the	718
contract begin and shall accumulate to the credit of the retirant	719
to be paid in a single payment after services provided under the	720
contract terminate. A PERS retirant subject to division (B)(6)(7)	721
of this section shall not contribute to the retirement system and	722
shall not become a member of the system.	723

(7)(8) As used in this division, "employment" includes	724
service for which a PERS retirant or other system retirant, the	725
retirant's employer, or both, have waived any earnable salary for	726
the service.	727

(C)(1) Except as provided in division (C)(3) of this section,	728
this division applies to both of the following:	729

(a) A PERS retirant who, prior to September 14, 2000, was	730
subject to division (C)(1)(b) of this section as that division	731
existed immediately prior to September 14, 2000, and has not	732
elected pursuant to Am. Sub. S.B. 144 of the 123rd general	733
assembly to cease to be subject to that division;	734

(b) A PERS retirant to whom both of the following apply:

735

(i) The retirant held elective office in this state, or in	736
any municipal corporation, county, or other political subdivision	737
of this state at the time of retirement under this chapter.	738

(ii) The retirant was elected or appointed to the same office	739
for the remainder of the term or the term immediately following	740
the term during which the retirement occurred.	741

(2) A PERS retirant who is subject to this division is a	742
member of the public employees retirement system with all the	743
rights, privileges, and obligations of membership, except that the	744
membership does not include survivor benefits provided pursuant to	745
section 145.45 of the Revised Code or, beginning on the ninetieth	746
day after September 14, 2000, any amount calculated under section	747
145.401 of the Revised Code. The pension portion of the PERS	748
retirant's retirement allowance shall be forfeited until the first	749
day of the first month following termination of the employment.	750
The annuity portion of the retirement allowance shall accumulate	751
to the credit of the PERS retirant to be paid in a single payment	752
after termination of the employment. The retirement allowance	753
shall resume on the first day of the first month following	754
termination of the employment. On termination of the employment,	755
the PERS retirant shall elect to receive either a refund of the	756
retirant's contributions to the retirement system during the	757
period of employment subject to this section or a supplemental	758
retirement allowance based on the retirant's contributions and	759
service credit for that period of employment.	760

(3) This division does not apply to any of the following:

761

(a) A PERS retirant elected to office who, at the time of the	762
election for the retirant's current term, was not retired but, not	763
less than ninety days prior to the primary election for the term	764
or the date on which a primary for the term would have been held,	765
filed a written declaration of intent to retire before the end of	766
the term with the director of the board of elections of the county	767
in which petitions for nomination or election to the office are	768
filed;	769

(b) A PERS retirant elected to office who, at the time of the	770
election for the retirant's current term, was a retirant and had	771
been retired for not less than ninety days;	772

(c) A PERS retirant appointed to office who, at the time of	773
appointment to the retirant's current term, notified the person or	774
entity making the appointment that the retirant was already	775
retired or intended to retire before the end of the term.	776

(D)(1) Except as provided in division (C) of this section, a	777
A PERS retirant or other system retirant subject to this section	778
is not a member of the public employees retirement system, and,	779
except as specified in this section does not have any of the	780
rights, privileges, or obligations of membership. Except as	781
specified in division (D)(C)(2) of this section, the retirant is	782
not eligible to receive health, medical, hospital, or surgical	783
benefits under section 145.58 of the Revised Code for employment	784
subject to this section.	785

(2) A PERS retirant subject to this section shall receive	786
primary health, medical, hospital, or surgical insurance coverage	787
from the retirant's employer, if the employer provides coverage to	788
other employees performing comparable work. Neither the employer	789
nor the PERS retirant may waive the employer's coverage, except	790
that the PERS retirant may waive the employer's coverage if the	791
retirant has coverage comparable to that provided by the employer	792
from a source other than the employer or the public employees	793
retirement system. If a claim is made, the employer's coverage	794
shall be the primary coverage and shall pay first. The benefits	795
provided under section 145.58 of the Revised Code shall pay only	796
those medical expenses not paid through the employer's coverage or	797
coverage the PERS retirant receives through a source other than	798
the retirement system.	799

(E)(D) If the disability benefit of an other system retirant	800
employed under this section is terminated, the retirant shall	801
become a member of the public employees retirement system,	802
effective on the first day of the month next following the	803
termination with all the rights, privileges, and obligations of	804
membership. If such person, after the termination of the	805
disability benefit, earns two years of service credit under this	806
system or under the Ohio police and fire pension fund, state	807
teachers retirement system, school employees retirement system, or	808
state highway patrol retirement system, the person's prior	809
contributions as an other system retirant under this section shall	810
be included in the person's total service credit as a public	811
employees retirement system member, and the person shall forfeit	812
all rights and benefits of this section. Not more than one year of	813
credit may be given for any period of twelve months.	814

(F)(E) This section does not affect the receipt of benefits	815
by or eligibility for benefits of any person who on August 20,	816
1976, was receiving a disability benefit or service retirement	817
pension or allowance from a state or municipal retirement system	818
in Ohio and was a member of any other state or municipal	819
retirement system of this state.	820

(G)(F) The public employees retirement board may adopt rules	821
to carry out this section.	822

Sec. 145.384. (A) As used in this section, "PERS retirant"	823
means a PERS retirant who is not subject to division (C) of	824
section 145.38 of the Revised Code. For purposes of this section,	825
"PERS retirant" also includes both of the following:	826

(1) A member who retired under section 145.383 of the Revised	827
Code;	828

(2) A retirant whose retirement allowance resumed under	829
section 145.385 of the Revised Code.	830

(B)(1) An other system retirant or PERS retirant who has made	831
contributions under section 145.38 or 145.383 of the Revised Code	832
or, in the case of a retirant described in division (A)(2) of this	833
section, section 145.47 of the Revised Code may file an	834
application with the public employees retirement system to receive	835
either a benefit, as provided in division (B)(2) of this section,	836
or payment of the retirant's contributions made under those	837
sections, as provided in division (H) of this section.	838

(2) A benefit under this section shall consist of an annuity	839
having a reserve equal to the amount of the retirant's accumulated	840
contributions for the period of employment, other than the	841
contributions excluded pursuant to division (B)(4)(a) or (b) of	842
section 145.38 of the Revised Code, and an amount of the	843
employer's contributions determined by the board.	844

(a) Unless, as described in division (I) of this section, the	845
application is accompanied by a statement of the spouse's consent	846
to another form of payment or the board waives the requirement of	847
spousal consent, a PERS retirant or other system retirant who is	848
married at the time of application for a benefit under this	849
section shall receive a monthly annuity under which the actuarial	850
equivalent of the retirant's single life annuity is paid in a	851
lesser amount for life and one-half of the lesser amount continues	852
after the retirant's death to the surviving spouse.	853

(b) A PERS retirant or other system retirant who is not	854
subject to division (B)(2)(a) of this section shall elect either	855
to receive the benefit as a monthly annuity or a lump sum payment	856
discounted to the present value using a rate of interest	857
determined by the board. A retirant who elects to receive a	858
monthly annuity shall select one of the following as the plan of	859
payment:	860

(i) The retirant's single life annuity;

861

(ii) The actuarial equivalent of the retirant's single life	862
annuity in an equal or lesser amount for life and continuing after	863
death to a surviving beneficiary designated at the time the plan	864
of payment is selected.	865

If a retirant who is eligible to select a plan of payment	866
under division (B)(2)(b) of this section fails to do so, the	867
benefit shall be paid as a monthly annuity under the plan of	868
payment specified in rules adopted by the public employees	869
retirement board.	870

(c) Notwithstanding divisions (B)(2)(a) and (b) of this	871
section, if a monthly annuity would be less than twenty-five	872
dollars per month, the retirant shall receive a lump sum payment.	873

(C)(1) The death of a spouse or other designated beneficiary	874
under a plan of payment described in division (B)(2) of this	875
section cancels that plan of payment. The PERS retirant or other	876
system retirant shall receive the equivalent of the retirant's	877
single life annuity, as determined by the board, effective the	878
first day of the month following receipt by the board of notice of	879
the death.	880

(2) On divorce, annulment, or marriage dissolution, a PERS	881
retirant or other system retirant receiving a benefit described in	882
division (B)(2) of this section under which the beneficiary is the	883
spouse may, with the written consent of the spouse or pursuant to	884
an order of the court with jurisdiction over the termination of	885
the marriage, elect to cancel the plan and receive the equivalent	886
of the retirant's single life annuity as determined by the board.	887
The election shall be made on a form provided by the board and	888
shall be effective the month following its receipt by the board.	889

(D) Following a marriage or remarriage, a PERS retirant or	890
other system retirant who is receiving a benefit described in	891
division (B)(2)(b)(i) of this section may elect a new plan of	892
payment under division (B)(2)(b) of this section based on the	893
actuarial equivalent of the retirant's single life annuity as	894
determined by the board.	895

If the marriage or remarriage occurs on or after the	896
effective date of this amendmentJune 6, 2005, the election must	897
be made not later than one year after the date of the marriage or	898
remarriage.	899

The plan elected under this division shall be effective on	900
the date of receipt by the board of an application on a form	901
approved by the board, but any change in the amount of the benefit	902
shall commence on the first day of the month following the	903
effective date of the plan.	904

(E) A benefit payable under division (B)(2) of this section	905
shall commence on the latest of the following:	906

(1) The last day for which compensation for all employment	907
subject to section 145.38, 145.383, or 145.385 of the Revised Code	908
was paid;	909

(2) Attainment by the PERS retirant or other system retirant	910
of age sixty-five;	911

(3) If the PERS retirant or other system retirant was	912
previously employed under section 145.38, 145.383, or 145.385 of	913
the Revised Code and is receiving or previously received a benefit	914
under this section, completion of a period of twelve months since	915
the effective date of the last benefit under this section;	916

(4) A date specified by the retirant.

917

(F)(1) If a PERS retirant or other system retirant dies while	918
employed in employment subject to section 145.38, 145.383, or	919
145.385 of the Revised Code, a lump sum payment calculated in	920
accordance with division (B)(2) of this section shall be paid to	921
the retirant's beneficiary under division (G) of this section.	922

(2) If at the time of death a PERS retirant or other system	923
retirant receiving a monthly annuity under division (B)(2)(b)(i)	924
of this section has received less than the retirant would have	925
received as a lump sum payment, the difference between the amount	926
received and the amount that would have been received as a lump	927
sum payment shall be paid to the retirant's beneficiary under	928
division (G) of this section.	929

(3) If a beneficiary receiving a monthly annuity under	930
division (B)(2) of this section dies and, at the time of the	931
beneficiary's death, the total of the amounts paid to the retirant	932
and beneficiary are less than the amount the retirant would have	933
received as a lump sum payment, the difference between the total	934
of the amounts received by the retirant and beneficiary and the	935
amount that the retirant would have received as a lump sum payment	936
shall be paid to the beneficiary's estate.	937

(G) A PERS retirant or other system retirant employed under	938
section 145.38, 145.383, or 145.385 of the Revised Code may	939
designate one or more persons as beneficiary to receive any	940
benefits payable under division (B)(2)(b) of this section due to	941
death. The designation shall be in writing duly executed on a form	942
provided by the public employees retirement board, signed by the	943
PERS retirant or other system retirant, and filed with the board	944
prior to death. The last designation of a beneficiary revokes all	945
previous designations. The PERS retirant's or other system	946
retirant's marriage, divorce, marriage dissolution, legal	947
separation, withdrawal of account, birth of a child, or adoption	948
of a child revokes all previous designations. If there is no	949
designated beneficiary, the beneficiary is the beneficiary	950
determined under division (D) of section 145.43 of the Revised	951
Code. If any benefit payable under this section due to the death	952
of a PERS retirant or other system retirant is not claimed by a	953
beneficiary within five years after the death, the amount payable	954
shall be transferred to the income fund and thereafter paid to the	955
beneficiary or the estate of the PERS retirant or other system	956
retirant on application to the board.	957

(H)(1) A PERS retirant or other system retirant who applies	958
under division (B)(1) of this section for payment of the	959
retirant's contributions and is unmarried or is married and,	960
unless the board has waived the requirement of spousal consent,	961
includes with the application a statement of the spouse's consent	962
to the payment, shall be paid the contributions made under section	963
145.38 or 145.383 of the Revised Code or, in the case of a	964
retirant described in division (A)(2) of this section, section	965
145.47 of the Revised Code, plus interest as provided in section	966
145.471 of the Revised Code, if the following conditions are met:	967

(a) The retirant has not attained sixty-five years of age and	968
has terminated employment subject to section 145.38, 145.383, or	969
145.385 of the Revised Code for any cause other than death or the	970
receipt of a benefit under this section.	971

(b) Three months have elapsed since the termination of the	972
retirant's employment subject to section 145.38, 145.383, or	973
145.385 of the Revised Code, other than employment exempted from	974
contribution pursuant to section 145.03 of the Revised Code.	975

(c) The retirant has not returned to public service, other	976
than service exempted from contribution pursuant to section 145.03	977
of the Revised Code, during the three-month period.	978

(2) Payment of a retirant's contributions cancels the	979
retirant's right to a benefit under division (B)(2) of this	980
section.	981

(I) A statement of a spouse's consent under division (B)(2)	982
of this section to the form of a benefit or under division (H) of	983
this section to a payment of contributions is valid only if signed	984
by the spouse and witnessed by a notary public. The board may	985
waive the requirement of spousal consent if the spouse is	986
incapacitated or cannot be located, or for any other reason	987
specified by the board. Consent or waiver is effective only with	988
regard to the spouse who is the subject of the consent or waiver.	989

(J) No amount received under this section shall be included	990
in determining an additional benefit under section 145.323 of the	991
Revised Code or any other post-retirement benefit increase.	992

Sec. 145.473.  (A) Except as provided in division (C) of this	993
section, the rate of interest credited to individual accounts of	994
contributors under sections 145.471 and 145.472 of the Revised	995
Code shall be as follows:	996

(1) Four per cent per annum, compounded annually, to and	997
including December 31, 1955;	998

(2) Three per cent per annum, compounded annually, from	999
January 1, 1956, to and including December 31, 1963;	1000

(3) Three and one-quarter per cent per annum, compounded	1001
annually, from January 1, 1964, to and including December 31,	1002
1969;	1003

(4) Four per cent per annum, compounded annually, from	1004
January 1, 1970, to and including the day before December 13,	1005
2000;	1006

(5) An amount determined by the public employees retirement	1007
board that is not greater than six per cent per annum, compounded	1008
annually, on and after December 13, 2000.	1009

(B) Except as provided in division (C) of this section, for	1010
the purpose of determining the reserve value of a contributor's	1011
annuity, the rate of interest shall be as follows:	1012

(1) Four per cent per annum, compounded annually, for	1013
contributors retiring before October 1, 1956;	1014

(2) Three per cent per annum, compounded annually, for	1015
contributors retiring on or after October 1, 1956, but before	1016
January 1, 1964;	1017

(3) Three and one-quarter per cent per annum, compounded	1018
annually, for contributors retiring on or after January 1, 1964,	1019
but before January 1, 1970;	1020

(4) Four per cent per annum, compounded annually, for	1021
contributors retiring on or after January 1, 1970, but before	1022
December 13, 2000;	1023

(5) An amount determined by the board based on the	1024
recommendation of the board's actuary, compounded annually, for	1025
contributors retiring on or after December 13, 2000.	1026

(C) For a PERS retirant who is not subject to division (C) of	1027
section 145.38 of the Revised Code or an other system retirant, as	1028
those terms are defined in section 145.38 of the Revised Code, or	1029
a member of the public employees retirement system who retires in	1030
accordance with section 145.383 of the Revised Code, the rate of	1031
interest shall be the current actuarial assumption rate of	1032
interest, as determined by the board's actuary, for the purposes	1033
described in divisions (A) and (B) of this section.	1034

Sec. 145.561. TheExcept as provided in division (B)(6) of	1035
section 145.38 of the Revised Code, the granting of a retirement	1036
allowance, annuity, pension, or other benefit to any person	1037
pursuant to action of the public employees retirement board vests	1038
a right in such person, so long as hethe person remains the	1039
recipient of any benefit of the funds established by section	1040
145.23 of the Revised Code, to receive such retirement allowance,	1041
annuity, pension, or other benefit at the rate fixed at the time	1042
of granting such retirement allowance, annuity, pension, or other	1043
benefit. Such right shall also be vested with equal effect in the	1044
recipient of a grant heretofore made from any of the funds named	1045
in section 145.23 of the Revised Code.	1046

Sec. 145.58.  (A) As used in this section, "ineligible	1047
individual" means all of the following:	1048

(1) A former member receiving benefits pursuant to section	1049
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code for	1050
whom eligibility is established more than five years after June	1051
13, 1981, and who, at the time of establishing eligibility, has	1052
accrued less than ten years' service credit, exclusive of credit	1053
obtained pursuant to section 145.297 or 145.298 of the Revised	1054
Code, credit obtained after January 29, 1981, pursuant to section	1055
145.293 or 145.301 of the Revised Code, and credit obtained after	1056
May 4, 1992, pursuant to section 145.28 of the Revised Code;	1057

(2) The spouse of the former member;

1058

(3) The beneficiary of the former member receiving benefits	1059
pursuant to section 145.46 of the Revised Code.	1060

(B) The public employees retirement board may enter into	1061
agreements with insurance companies, health insuring corporations,	1062
or government agencies authorized to do business in the state for	1063
issuance of a policy or contract of health, medical, hospital, or	1064
surgical benefits, or any combination thereof, for those	1065
individuals receiving age and service retirement or a disability	1066
or survivor benefit subscribing to the plan, or for PERS retirants	1067
employed under section 145.38 of the Revised Code, for coverage of	1068
benefits in accordance with division (D)(C)(2) of section 145.38	1069
of the Revised Code. Notwithstanding any other provision of this	1070
chapter, the policy or contract may also include coverage for any	1071
eligible individual's spouse and dependent children and for any of	1072
the individual's sponsored dependents as the board determines	1073
appropriate. If all or any portion of the policy or contract	1074
premium is to be paid by any individual receiving age and service	1075
retirement or a disability or survivor benefit, the individual	1076
shall, by written authorization, instruct the board to deduct the	1077
premium agreed to be paid by the individual to the company,	1078
corporation, or agency.	1079

The board may contract for coverage on the basis of part or	1080
all of the cost of the coverage to be paid from appropriate funds	1081
of the public employees retirement system. The cost paid from the	1082
funds of the system shall be included in the employer's	1083
contribution rate provided by sections 145.48 and 145.51 of the	1084
Revised Code. The board may by rule provide coverage to ineligible	1085
individuals if the coverage is provided at no cost to the	1086
retirement system. The board shall not pay or reimburse the cost	1087
for coverage under this section or section 145.325 of the Revised	1088
Code for any ineligible individual.	1089

The board may provide for self-insurance of risk or level of	1090
risk as set forth in the contract with the companies,	1091
corporations, or agencies, and may provide through the	1092
self-insurance method specific benefits as authorized by rules of	1093
the board.	1094

(C) The board shall, beginning the month following receipt of	1095
satisfactory evidence of the payment for coverage, pay monthly to	1096
each recipient of service retirement, or a disability or survivor	1097
benefit under the public employees retirement system who is	1098
eligible for medical insurance coverage under part B of Title	1099
XVIII of "The Social Security Act," 79 Stat. 301 (1965), 42	1100
U.S.C.A. 1395j, as amended, an amount determined by the board for	1101
such coverage that is not less than ninety-six dollars and forty	1102
cents, except that the board shall make no such payment to any	1103
ineligible individual or pay an amount that exceeds the amount	1104
paid by the recipient for the coverage.	1105

At the request of the board, the recipient shall certify to	1106
the retirement system the amount paid by the recipient for	1107
coverage described in this division.	1108

(D) The board shall establish by rule requirements for the	1109
coordination of any coverage, payment, or benefit provided under	1110
this section or section 145.325 of the Revised Code with any	1111
similar coverage, payment, or benefit made available to the same	1112
individual by the Ohio police and fire pension fund, state	1113
teachers retirement system, school employees retirement system, or	1114
state highway patrol retirement system.	1115

(E) The board shall make all other necessary rules pursuant	1116
to the purpose and intent of this section.	1117

Sec. 742.26.  (A) As used in this section:

1118

(1) "Actuarial present value" means the calculation under	1119
which the probability of occurrence, based on a specified	1120
mortality table, and the discount for future monetary growth at a	1121
specified interest rate are considered by an actuary to determine	1122
the value of an annuity.	1123

(2) "Other system retirant" means a former member of the	1124
public employees retirement system, state teachers retirement	1125
system, school employees retirement system, state highway patrol	1126
retirement system, or Cincinnati retirement system who is	1127
receiving a disability benefit or an age and service or commuted	1128
age and service retirement benefit or allowance from a system of	1129
which the person is a former member.	1130

(3) "OPFPFOP and F retirant" means any person who is	1131
receiving a retirement allowancepension, other than a disability	1132
benefit, from the Ohio police and fire pension fund.	1133

(4) "Retirement allowance or pension" means an allowance or	1134
pension granted by virtue of age and service retirement as	1135
described in division (A)(2) or (3) of this section.	1136

(B) The mortality table and interest rate used in determining	1137
actuarial present value shall be determined by the board of	1138
trustees of the fund based on the recommendations of an actuary	1139
employed by the board.	1140

(C)(1) An OPFPFOP and F retirant or other system retirant	1141
may be employed as a member of a police or fire department. If so	1142
employed, the retirant shall make contributions to the fund in	1143
accordance with section 742.31 of the Revised Code, and the	1144
employer shall make contributions in accordance with sections	1145
742.33 and 742.34 of the Revised Code.	1146

(2) An employer that employs an OPFPFOP and F retirant or	1147
other system retirant shall notify the board of trustees of the	1148
fund of the employment not later than the end of the month in	1149
which the employment commences. On receipt of notice from an	1150
employer that a person who is an other system retirant has been	1151
employed, the fund shall notify the retirement system of which the	1152
other system retirant was a member of such employment.	1153

(D) An OPFPFOP and F retirant or other system retirant who	1154
has received a retirement allowance or benefit for less than two	1155
months when employment subject to this section commences shall	1156
forfeit the retirement allowance or benefit for the period that	1157
begins on the date the employment commences and ends on the	1158
earlier of the date the employment terminates or the date that is	1159
two months after the date on which the retirement allowance or	1160
benefit commenced. Service and contributions for that period shall	1161
not be included in the calculation of any benefits payable under	1162
this section, and those contributions shall be refunded on the	1163
retirant's death or termination of the employment.	1164

(E) On receipt of notice from the public employees retirement	1165
system, school employees retirement system, or state teachers	1166
retirement system of the re-employment of an OPFPFOP and F	1167
retirant, the Ohio police and fire pension fund shall not pay, or	1168
if paid shall recover, the amount to be forfeited by the OPFPFOP	1169
and F retirant in accordance with section 145.38, 3307.35, or	1170
3309.341 of the Revised Code.	1171

(F)(1) If, subsequent to the period described in division (D)	1172
of this section, an OP and F retirant or other system retirant is	1173
employed in a position subject to this chapter and has annual	1174
salary in excess of fourteen thousand one hundred sixty dollars,	1175
as adjusted under division (F)(2) of this section, the retirant	1176
shall forfeit one dollar of the retirement allowance for each two	1177
dollars of salary in the position subject to this chapter.	1178

(2) The excess earnings base established under division	1179
(F)(1) of this section shall be adjusted each year by the actual	1180
average increase, if any, in the consumer price index prepared by	1181
the United States bureau of labor statistics (U.S. city average	1182
for urban wage earners and clerical workers: "all items	1183
1982-1984=100").	1184

(G)(1) On termination of employment under this section, an	1185
OPFPFOP and F retirant or other system retirant may file an	1186
application with the board of trustees of the fund to receive	1187
either a benefit, as provided in division (F)(G)(2) of this	1188
section, or payment of the retirant's contributions made under	1189
this section, as provided in division (H)(I) of this section.	1190

(2) A benefit under this section shall consist of an annuity	1191
the actuarial present value of which is equal to two times the sum	1192
of all amounts deducted from the salary of the OPFPFOP and F	1193
retirant or other system retirant and credited to the retirant's	1194
individual account in the fund, other than contributions excluded	1195
pursuant to division (D) of this section, together with interest	1196
credited thereon at the rate determined by the board.	1197

(a) Unless, as described in division (I)(J) of this section,	1198
the application is accompanied by a statement of the spouse's	1199
consent to another form of payment or the board of trustees waives	1200
the requirement of spousal consent, a retirant who is married at	1201
the time of application under this division shall receive a	1202
monthly annuity under which the actuarial equivalent of the	1203
retirant's single life annuity is paid in a lesser amount for life	1204
and one-half of the lesser amount continues after the retirant's	1205
death to the surviving spouse.	1206

(b) A retirant who is not subject to division (F)(G)(2)(a) of	1207
this section shall elect to receive either a monthly annuity or a	1208
lump-sumlump sum payment. If the retirant fails to elect a plan	1209
of payment, the annuity shall be paid as a monthly annuity under	1210
the plan of payment specified in rules adopted by the board of	1211
trustees of the fund.	1212

A retirant who elects to receive a monthly annuity shall	1213
select one of the following as the plan of payment:	1214

(i) The retirant's single life annuity;

1215

(ii) The actuarial equivalent of the retirant's single life	1216
annuity in an equal or lesser amount for life and continuing after	1217
death to a surviving beneficiary designated at the time the plan	1218
of payment is selected.	1219

(c) Notwithstanding divisions (F)(G)(2)(a) and (b) of this	1220
section, if a monthly annuity would be less than twenty-five	1221
dollars per month, the retirant shall receive a lump sum payment.	1222

(3) Interest shall be credited to accounts only at the time	1223
of calculation of a benefit payable under division (F)(G)(2) of	1224
this section.	1225

(4) A benefit payable under this division shall commence on	1226
the first day of the month immediately after the latest of the	1227
following:	1228

(a) The last day for which compensation for employment	1229
subject to this section was paid;	1230

(b) Attainment by the OPFPFOP and F retirant or other system	1231
retirant of age sixty;	1232

(c) If the OPFPFOP and F retirant or other system retirant	1233
was previously employed under this section and is receiving or	1234
previously received a benefit under this division, completion of a	1235
period of twelve months since the last benefit paid under this	1236
section commenced.	1237

(5) No amount received under this division shall be included	1238
in determining an additional benefit under section 742.3711,	1239
742.3716, or 742.3717 of the Revised Code or any other	1240
post-retirement benefit increase.	1241

(G)(H)(1) If an OPFPFOP and F retirant or other system	1242
retirant dies while employed in employment subject to this	1243
section, a lump-sumlump sum payment calculated in accordance with	1244
division (F)(G)(2) of this section shall be paid to the retirant's	1245
surviving spouse, or if there is no surviving spouse, to the	1246
retirant's estate.	1247

(2) If at the time of death an OPFPFOP and F retirant or	1248
other system retirant receiving a monthly annuity under division	1249
(F)(G)(2) of this section has received less than would have been	1250
received as a lump-sumlump sum payment under division (F)(G)(2)	1251
of this section, the difference between the amount received and	1252
the amount that would have been received as a lump-sumlump sum	1253
payment shall be paid to the retirant's surviving spouse, or if	1254
there is no surviving spouse, to the retirant's estate.	1255

(3) If a beneficiary receiving a monthly annuity under	1256
division (F)(G)(2) of this section dies and, at the time of the	1257
beneficiary's death, the total of the amounts paid to the retirant	1258
and beneficiary are less than the amount the retirant would have	1259
received as a lump sum payment, the difference between the total	1260
of the amounts received by the retirant and beneficiary and the	1261
amount that the retirant would have received as a lump sum payment	1262
shall be paid to the beneficiary's estate.	1263

(H)(I)(1) An OPFPFOP and F retirant or other system retirant	1264
who applies under division (F)(G)(1) of this section for payment	1265
of the retirant's contributions and is unmarried or is married	1266
and, unless the board of trustees has waived the requirement of	1267
spousal consent, includes with the application a statement of the	1268
spouse's consent to the payment shall be paid the contributions	1269
made under division (C) of this section, plus interest, if the	1270
following conditions are met:	1271

(a) The retirant has not attained sixty years of age and has	1272
terminated employment subject to this section for any cause other	1273
than death or the receipt of a benefit under division (F)(G) of	1274
this section.	1275

(b) Three months have elapsed since the termination of	1276
employment subject to this section.	1277

(c) The retirant has not returned to service subject to this	1278
chapter or Chapter 145., 3307., or 3309. of the Revised Code,	1279
other than service exempted from contribution to the public	1280
employees retirement system pursuant to section 145.03 of the	1281
Revised Code, during the three-month period.	1282

(2) Payment of a retirant's contributions cancels the	1283
retirant's right to a benefit under division (F)(G) of this	1284
section.	1285

(I)(J) A statement of a spouse's consent under division	1286
(F)(G) of this section to the form of a benefit or under division	1287
(H)(I) of this section to a payment of contributions is valid only	1288
if signed by the spouse and witnessed by a notary public. The	1289
board of trustees may waive the requirement of spousal consent if	1290
the spouse is incapacitated or cannot be located, or for any other	1291
reason specified by the board. Consent or waiver is effective only	1292
with regard to the spouse who is the subject of the consent or	1293
waiver.	1294

(J)(K) An other system retirant subject to this section is	1295
not a member of the Ohio police and fire pension fund, does not	1296
have any of the rights, privileges, or obligations of membership,	1297
except as specified in this section, and is not eligible to	1298
receive health, medical, hospital, or surgical benefits under	1299
section 742.45 of the Revised Code for employment subject to this	1300
section.	1301

(K)(L) If any payment is made by the Ohio police and fire	1302
pension fund to an OPFPFOP and F retirant or other system	1303
retirant to which the retirant is not entitled, the retirant shall	1304
repay it to the fund. If the retirant fails to make the repayment,	1305
the fund shall withhold the amount due from any allowances or	1306
other amounts due the OPFPFOP and F retirant or other system	1307
retirant.	1308

(L)(M) An OPFPFOP and F retirant who is employed under this	1309
section is not eligible to receive any benefits under section	1310
742.37 of the Revised Code for the employment under this section.	1311

(M)(N) This section does not affect the receipt of benefits	1312
by or eligibility for benefits of any person who on August 20,	1313
1976, was receiving a disability benefit or service retirement	1314
pension or allowance from a state or municipal retirement system	1315
in Ohio and was a member of any other state or municipal	1316
retirement system of this state.	1317

(N)(O) The board of trustees of the fund may adopt rules to	1318
carry out this section.	1319

Sec. 742.44. ExceptPrior to the effective date of this	1320
amendment and except as provided in section 742.14 of the Revised	1321
Code, at any time prior to filing an application for retirement	1322
under division (C)(1) of section 742.37 of the Revised Code, a	1323
member who is eligible to retire under that division may elect to	1324
participate in the deferred retirement option plan established	1325
under section 742.43 of the Revised Code. No election to	1326
participate in the plan may be made after the effective date of	1327
this amendment.	1328

To make an election, an eligible member shall complete and	1329
submit to the Ohio police and fire pension fund a form prescribed	1330
by the fund. At this time the member may, but is not required to,	1331
elect under section 742.3711 of the Revised Code to have the	1332
member's monthly pension calculated as a retirement allowance	1333
payable throughout the member's life or a retirement allowance	1334
under option 2 in division (A) of section 742.3711 of the Revised	1335
Code. Unless rescinded during a period specified in rules adopted	1336
under section 742.43 of the Revised Code, the election is	1337
irrevocable from the date it is received by the fund until the	1338
employee ceases to participate in the plan as provided in section	1339
742.444 of the Revised Code.	1340

A member is not required to specify the number of years or	1341
portion of a year the member will participate in the plan but must	1342
agree to terminate active service in a police or fire department	1343
and begin receiving the member's pension not later than the date	1344
that is eight years after the effective date of the election to	1345
participate in the plan or be subject to the forfeiture provisions	1346
of division (C) of section 742.444 of the Revised Code.	1347

The effective date of an election made under this section is	1348
the first day of the employer's first payroll period immediately	1349
following the board's receipt of the notice of election.	1350

Sec. 742.46. TheExcept as provided in division (F) of	1351
section 742.26 of the Revised Code, the granting of a benefit or	1352
pension to any person under sections 742.01 to 742.61 of the	1353
Revised Code, other than a person participating in the deferred	1354
retirement option plan established under section 742.43 of the	1355
Revised Code, vests a right in such person to obtain and receive	1356
the amount of such benefit or pension granted to the person	1357
subject to sections 742.01 to 742.61 of the Revised Code. Subject	1358
to section 742.444 of the Revised Code, a person participating in	1359
the deferred retirement option plan vests in the right to obtain	1360
and receive the amount accrued to the benefit of the person when	1361
the person ceases participating in the plan.	1362

Such right may be enforced by an action in mandamus	1363
instituted in the court of common pleas in the county in which the	1364
person granted such benefit or pension resides.	1365

Sec. 3307.35.  (A) As used in this section and section	1366
3307.352 of the Revised Code, "other:	1367

(1) "Other system retirant" means a member or former member	1368
of the public employees retirement system, Ohio police and fire	1369
pension fund, school employees retirement system, state highway	1370
patrol retirement system, or Cincinnati retirement system who is	1371
receiving age and service or commuted age and service retirement,	1372
or a disability benefit from a system of which the retirant is a	1373
member or former member.	1374

(2) "Retirement benefit" means an age and service retirement	1375
allowance granted by virtue of retirement as described in division	1376
(A)(1) of this section or as a superannuate.	1377

(B) Subject to this section and section 3307.353 of the	1378
Revised Code, a superannuate or other system retirant may be	1379
employed as a teacher.	1380

(C) A superannuate or other system retirant employed in	1381
accordance with this section shall contribute to the state	1382
teachers retirement system in accordance with section 3307.26 of	1383
the Revised Code and the employer shall contribute in accordance	1384
with sections 3307.28 and 3307.31 of the Revised Code. Such	1385
contributions shall be received as specified in section 3307.14 of	1386
the Revised Code. A superannuate or other system retirant employed	1387
as a teacher is not a member of the state teachers retirement	1388
system, does not have any of the rights, privileges, or	1389
obligations of membership, except as provided in this section, and	1390
is not eligible to receive health, medical, hospital, or surgical	1391
benefits under section 3307.39 of the Revised Code for employment	1392
subject to this section.	1393

(D) The employer that employs a superannuate or other system	1394
retirant shall notify the state teachers retirement board of the	1395
employment not later than the end of the month in which the	1396
employment commences. Any overpayment of benefits to a	1397
superannuate by the retirement system resulting from an employer's	1398
failure to give timely notice may be charged to the employer and	1399
may be certified and deducted as provided in section 3307.31 of	1400
the Revised Code.	1401

(E) On receipt of notice from an employer that a person who	1402
is an other system retirant has been employed, the state teachers	1403
retirement system shall notify the state retirement system of	1404
which the other system retirant was a member of such employment.	1405

(F) A superannuate or other system retirant who has received	1406
an allowance or benefit for less than two months when employment	1407
subject to this section commences shall forfeit the allowance or	1408
benefit for any month the superannuate or retirant is employed	1409
prior to the expiration of such period. Contributions shall be	1410
made to the retirement system from the first day of such	1411
employment, but service and contributions for that period shall	1412
not be used in the calculation of any benefit payable to the	1413
superannuate or other system retirant, and those contributions	1414
shall be refunded on the superannuate's or retirant's death or	1415
termination of the employment. Contributions made on compensation	1416
earned after the expiration of such period shall be used in	1417
calculation of the benefit or payment due under section 3307.352	1418
of the Revised Code.	1419

(G) On receipt of notice from the Ohio police and fire	1420
pension fund, public employees retirement system, or school	1421
employees retirement system of the re-employment of a	1422
superannuate, the state teachers retirement system shall not pay,	1423
or if paid shall recover, the amount to be forfeited by the	1424
superannuate in accordance with section 145.38, 742.26, or	1425
3309.341 of the Revised Code.	1426

(H)(1) If, subsequent to the period described in division (F)	1427
of this section, a superannuate or other system retirant is	1428
employed in a position subject to this chapter and has annual	1429
compensation in excess of fourteen thousand one hundred sixty	1430
dollars, as adjusted under division (H)(2) of this section, the	1431
superannuate or retirant shall forfeit one dollar of the	1432
retirement benefit for each two dollars of compensation in the	1433
position subject to this chapter.	1434

(2) The excess earnings base established under division	1435
(H)(1) of this section shall be adjusted each year by the actual	1436
average increase, if any, in the consumer price index prepared by	1437
the United States bureau of labor statistics (U.S. city average	1438
for urban wage earners and clerical workers: "all items	1439
1982-1984=100").	1440

(I) If the disability benefit of an other system retirant	1441
employed under this section is terminated, the retirant shall	1442
become a member of the state teachers retirement system, effective	1443
on the first day of the month next following the termination, with	1444
all the rights, privileges, and obligations of membership. If such	1445
person, after the termination of the retirant's disability	1446
benefit, earns two years of service credit under this retirement	1447
system or under the public employees retirement system, Ohio	1448
police and fire pension fund, school employees retirement system,	1449
or state highway patrol retirement system, the retirant's prior	1450
contributions as an other system retirant under this section shall	1451
be included in the retirant's total service credit, as defined in	1452
section 3307.50 of the Revised Code, as a state teachers	1453
retirement system member, and the retirant shall forfeit all	1454
rights and benefits of this section. Not more than one year of	1455
credit may be given for any period of twelve months.	1456

(I)(J) This section does not affect the receipt of benefits	1457
by or eligibility for benefits of any person who on August 20,	1458
1976, was receiving a disability benefit or service retirement	1459
pension or allowance from a state or municipal retirement system	1460
in Ohio and was a member of any other state or municipal	1461
retirement system of this state.	1462

(J)(K) The state teachers retirement board may make the	1463
necessary rules to carry into effect this section and to prevent	1464
the abuse of the rights and privileges thereunder.	1465

Sec. 3307.42. TheExcept as provided in division (H) of	1466
section 3307.35 of the Revised Code, the granting to any person of	1467
an allowance, annuity, or pension, as defined in section 3307.50	1468
of the Revised Code, or the granting of a benefit under a plan	1469
established under section 3307.81 of the Revised Code, pursuant to	1470
an action of the state teachers' retirement board vests a right in	1471
such person, so long as the person remains the beneficiary of any	1472
of the funds established by section 3307.14 of the Revised Code,	1473
to receive the allowance, annuity, pension, or benefit at the rate	1474
fixed at the time of granting the allowance, annuity, pension, or	1475
benefit. Such right shall also be vested with equal effect in the	1476
beneficiary of a grant heretofore made from any of the funds named	1477
in section 3307.14 of the Revised Code.	1478

Sec. 3309.341.  (A) As used in this section and section	1479
3309.344 of the Revised Code:	1480

(1) "SERS retirant" means any person who is receiving a	1481
retirement allowance from the school employees retirement system	1482
under section 3309.36, 3309.38, or 3309.381 of the Revised Code or	1483
any benefit paid under a plan established under section 3309.81 of	1484
the Revised Code.	1485

(2) "Other system retirant" means a member or former member	1486
of the public employees retirement system, Ohio police and fire	1487
pension fund, state teachers retirement system, state highway	1488
patrol retirement system, or Cincinnati retirement system who is	1489
receiving age and service or commuted age and service retirement,	1490
or a disability benefit from a system of which the retirant is a	1491
member or former member.	1492

(3) "Retirement benefit" means an age and service retirement	1493
allowance granted by virtue of retirement as described in division	1494
(A)(1) or (2) of this section.	1495

(B)(1) Subject to this section and section 3309.345 of the	1496
Revised Code, an SERS retirant or other system retirant may be	1497
employed by a public employer. If so employed, the SERS retirant	1498
or other system retirant shall contribute to the school employees	1499
retirement system in accordance with section 3309.47 of the	1500
Revised Code, and the employer shall make contributions in	1501
accordance with section 3309.49 of the Revised Code.	1502

(2) An employer that employs an SERS retirant or other system	1503
retirant shall notify the retirement board of the employment not	1504
later than the end of the month in which the employment commences.	1505
On receipt of notice from an employer that a person who is an	1506
other system retirant has been employed, the school employees	1507
retirement system shall notify the state retirement system of	1508
which the other system retirant was a member of such employment.	1509

(C) An SERS retirant or other system retirant who has	1510
received a retirement allowance or disability benefit for less	1511
than two months when employment subject to this section commences	1512
shall forfeit the retirement allowance or disability benefit for	1513
any month the SERS retirant or other system retirant is employed	1514
prior to the expiration of the two-month period. Service and	1515
contributions for that period shall not be included in the	1516
calculation of any benefits payable to the SERS retirant or other	1517
system retirant, and those contributions shall be refunded on	1518
death or termination of the employment. Contributions made on	1519
compensation earned after the expiration of such period shall be	1520
used in the calculation of the benefit or payment due under	1521
section 3309.344 of the Revised Code.	1522

(D) On receipt of notice from the Ohio police and fire	1523
pension fund, public employees retirement system, or state	1524
teachers retirement system of the re-employment of an SERS	1525
retirant, the school employees retirement system shall not pay, or	1526
if paid shall recover, the amount to be forfeited by the SERS	1527
retirant in accordance with section 145.38, 742.26, or 3307.35 of	1528
the Revised Code.	1529

(E)(1) If, subsequent to the period described in division (C)	1530
of this section, an SERS retirant or other system retirant is	1531
employed in a position subject to this chapter and has annual	1532
compensation in excess of fourteen thousand one hundred sixty	1533
dollars, as adjusted under division (E)(2) of this section, the	1534
retirant shall forfeit one dollar of the retirement allowance for	1535
each two dollars of compensation in the position subject to this	1536
chapter.	1537

(2) The excess earnings base established under division	1538
(E)(1) of this section shall be adjusted each year by the actual	1539
average increase, if any, in the consumer price index prepared by	1540
the United States bureau of labor statistics (U.S. city average	1541
for urban wage earners and clerical workers: "all items	1542
1982-1984=100").	1543

(F) An SERS retirant or other system retirant subject to this	1544
section is not a member of the school employees retirement system;	1545
does not have any of the rights, privileges, or obligations of	1546
membership, except as specified in this section; and is not	1547
eligible to receive health, medical, hospital, or surgical	1548
benefits under section 3309.69 of the Revised Code for employment	1549
subject to this section.	1550

(F)(G) If the disability benefit of an other system retirant	1551
employed under this section is terminated, the retirant shall	1552
become a member of the school employees retirement system,	1553
effective on the first day of the month next following the	1554
termination, with all the rights, privileges, and obligations of	1555
membership. If the retirant, after the termination of the	1556
disability benefit, earns two years of service credit under this	1557
retirement system or under the public employees retirement system,	1558
Ohio police and fire pension fund, state teachers retirement	1559
system, or state highway patrol retirement system, the retirant's	1560
prior contributions as an other system retirant under this section	1561
shall be included in the retirant's total service credit as a	1562
school employees retirement system member, and the retirant shall	1563
forfeit all rights and benefits of this section. Not more than one	1564
year of credit may be given for any period of twelve months.	1565

(G)(H) This section does not affect the receipt of benefits	1566
by or eligibility for benefits of any person who on August 29,	1567
1976, was receiving a disability benefit or service retirement	1568
pension or allowance from a state or municipal retirement system	1569
in Ohio and was a member of any other state or municipal	1570
retirement system of this state.	1571

(H)(I) The school employees retirement board may adopt rules	1572
to carry out this section.	1573

Sec. 3309.661. TheExcept as provided in division (E) of	1574
section 3309.341 of the Revised Code, the granting of a retirement	1575
allowance, annuity, pension, or other benefit to any person	1576
pursuant to action of the school employees retirement board vests	1577
a right in such person, so long as hethe person remains the	1578
recipient of any of the funds established by section 3309.60 of	1579
the Revised Code, to receive such retirement allowance, annuity,	1580
pension, or benefit. Such right shall also be vested with equal	1581
effect in the recipient of a grant heretofore made from any of the	1582
funds named in section 3309.60 of the Revised Code.	1583

Sec. 3501.13.  (A) The director of the board of elections	1584
shall keep a full and true record of the proceedings of the board	1585
and of all moneys received and expended; file and preserve in the	1586
board's office all orders and records pertaining to the	1587
administration of registrations, primaries, and elections; receive	1588
and have the custody of all books, papers, and property belonging	1589
to the board; and perform other duties in connection with the	1590
office of director and the proper conduct of elections as the	1591
board determines.	1592

(B) Before entering upon the duties of the office, the	1593
director shall subscribe to an oath that the director will support	1594
the Constitution of the United States and the Ohio Constitution,	1595
perform all the duties of the office to the best of the director's	1596
ability, enforce the election laws, and preserve all records,	1597
documents, and other property pertaining to the conduct of	1598
elections placed in the director's custody.	1599

(C) The director may administer oaths to persons required by	1600
law to file certificates or other papers with the board, to judges	1601
of elections, to witnesses who are called to testify before the	1602
board, and to voters filling out blanks at the board's offices.	1603
Except as otherwise provided by state or federal law, the records	1604
of the board and papers and books filed in its office are public	1605
records and open to inspection under such reasonable regulations	1606
as shall be established by the board. The following notice shall	1607
be posted in a prominent place at each board office:	1608

"Except as otherwise provided by state or federal law,	1609
records filed in this office of the board of elections are open to	1610
public inspection during normal office hours, pursuant to the	1611
following reasonable regulations: (the board shall here list its	1612
regulations). Whoever prohibits any person from inspecting the	1613
public records of this board is subject to the penalties of	1614
section 3599.161 of the Revised Code."	1615

(D) Upon receipt of a written declaration of intent to retire	1616
as provided for in section 145.38 of the Revised Code, the	1617
director shall provide a copy to each member of the board of	1618
elections.	1619

Sec. 5505.51. A state highway patrol retirement system member	1620
who meets the following requirements may, at any time prior to	1621
applying for a pension under section 5505.16 of the Revised Code	1622
and prior to the effective date of this amendment, elect to	1623
participate in the deferred retirement option plan established	1624
under section 5505.50 of the Revised Code:	1625

(1)(A) The member is younger than fifty-eight years of age.

1626

(2)(B) The member is eligible to apply for a pension under	1627
section 5505.16 of the Revised Code, unless the pension is a	1628
reduced pension as described in division (B) of that section.	1629

The member shall make the election by filing with the	1630
retirement system an election form provided by the system. The	1631
election is effective on the day the member files the election	1632
form. No election to participate in the plan may be made after the	1633
effective date of this amendment.	1634

At the time of making the election to participate in the	1635
deferred retirement option plan, the member also shall make an	1636
election under section 5505.162 of the Revised Code. Except as	1637
provided in that section, the election under section 5505.162 of	1638
the Revised Code is irrevocable from the date it is received by	1639
the retirement system.	1640

A member electing to participate in the deferred retirement	1641
option plan must agree to terminate active service in the state	1642
highway patrol and begin receiving the member's pension not later	1643
than the earlier of the member's sixtieth birthday or the date	1644
that is eight years after the effective date of the election to	1645
participate in the plan. If the member refuses or neglects to	1646
terminate active service in accordance with the agreement, the	1647
state highway patrol retirement board shall deem the member's	1648
service terminated.	1649

A member electing to participate in the deferred retirement	1650
option plan is a retirant for the purposes of rules adopted by the	1651
state highway patrol retirement board.	1652

Section 2.  That existing sections 145.01, 145.191, 145.38,	1653
145.384, 145.473, 145.561, 145.58, 742.26, 742.44, 742.46,	1654
3307.35, 3307.42, 3309.341, 3309.661, 3501.13, and 5505.51 of the	1655
Revised Code are hereby repealed.	1656