Bill Text: OH HB521 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To include in the membership of the State Teachers Retirement System certain teachers performing services entities providing computer-based instruction to students by contract with a school.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2014-04-16 - To Health and Aging [HB521 Detail]

Download: Ohio-2013-HB521-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 521

Representative Cera 

Cosponsor: Representative Fedor 

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A BILL

To amend section 3307.01 of the Revised Code to

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include in the membership of the State Teachers

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Retirement System certain teachers performing

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services entities providing computer-based

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instruction to students by contract with a school.

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

Section 1. That section 3307.01 of the Revised Code be	6
amended to read as follows:	7

Sec. 3307.01.  As used in this chapter:

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(A) "Employer" means the board of education, school district,	9
governing authority of any community school established under	10
Chapter 3314. of the Revised Code, a science, technology,	11
engineering, and mathematics school established under Chapter	12
3326. of the Revised Code, college, university, institution, or	13
other agency within the state by which a teacher is employed and	14
paid.	15

(B) "Teacher" means all of the following:

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(1) Any person paid from public funds and employed in the	17
public schools of the state under any type of contract described	18
in section 3311.77 or 3319.08 of the Revised Code in a position	19
for which the person is required to have a license issued pursuant	20
to sections 3319.22 to 3319.31 of the Revised Code;	21

(2) Any person employed as a teacher by a community school or	22
a science, technology, engineering, and mathematics school	23
pursuant to Chapter 3314. or 3326. of the Revised Code;	24

(3) Any person having a license issued pursuant to sections	25
3319.22 to 3319.31 of the Revised Code and employed in a public	26
school in this state in an educational position, as determined by	27
the state board of education, under programs provided for by	28
federal acts or regulations and financed in whole or in part from	29
federal funds, but for which no licensure requirements for the	30
position can be made under the provisions of such federal acts or	31
regulations;	32

(4) Any person having a license issued pursuant to sections	33
3319.22 to 3319.31 of the Revised Code and performing services	34
that are funded under section 3317.06 of the Revised Code and	35
provided to students attending nonpublic schools, without regard	36
to whether the services are performed in a public school and	37
whether the person is employed under a contract with a third	38
party;	39

(5) Any other teacher or faculty member employed in any	40
school, college, university, institution, or other agency wholly	41
controlled and managed, and supported in whole or in part, by the	42
state or any political subdivision thereof, including Central	43
state university, Cleveland state university, and the university	44
of Toledo;	45

(6) The educational employees of the department of education,	46
as determined by the state superintendent of public instruction;	47

(7) Any person having a license issued pursuant to sections	48
3319.22 to 3319.31 of the Revised Code and performing teaching	49
services for an entity providing internet- or computer-based	50
instruction or distance learning programs to students by contract	51
with a school district, the governing authority of a community	52
school established under Chapter 3314. of the Revised Code, or the	53
governing body of a science, technology, engineering, and	54
mathematics school established under Chapter 3326. of the Revised	55
Code.	56

In all cases of doubt, the state teachers retirement board	57
shall determine whether any person is a teacher, and its decision	58
shall be final.	59

"Teacher" does not include any eligible employee of a public	60
institution of higher education, as defined in section 3305.01 of	61
the Revised Code, who elects to participate in an alternative	62
retirement plan established under Chapter 3305. of the Revised	63
Code.	64

(C) "Member" means any person included in the membership of	65
the state teachers retirement system, which shall consist of all	66
teachers and contributors as defined in divisions (B) and (D) of	67
this section and all disability benefit recipients, as defined in	68
section 3307.50 of the Revised Code. However, for purposes of this	69
chapter, the following persons shall not be considered members:	70

(1) A student, intern, or resident who is not a member while	71
employed part-time by a school, college, or university at which	72
the student, intern, or resident is regularly attending classes;	73

(2) A person denied membership pursuant to section 3307.24 of	74
the Revised Code;	75

(3) An other system retirant, as defined in section 3307.35	76
of the Revised Code, or a superannuate;	77

(4) An individual employed in a program established pursuant	78
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29	79
U.S.C.A. 1501;	80

(5) The surviving spouse of a member or retirant if the	81
surviving spouse's only connection to the retirement system is an	82
account in an STRS defined contribution plan.	83

(D) "Contributor" means any person who has an account in the	84
teachers' savings fund or defined contribution fund, except that	85
"contributor" does not mean a member or retirant's surviving	86
spouse with an account in an STRS defined contribution plan.	87

(E) "Beneficiary" means any person eligible to receive, or in	88
receipt of, a retirement allowance or other benefit provided by	89
this chapter.	90

(F) "Year" means the year beginning the first day of July and	91
ending with the thirtieth day of June next following, except that	92
for the purpose of determining final average salary under the plan	93
described in sections 3307.50 to 3307.79 of the Revised Code,	94
"year" may mean the contract year.	95

(G) "Local district pension system" means any school teachers	96
pension fund created in any school district of the state in	97
accordance with the laws of the state prior to September 1, 1920.	98

(H) "Employer contribution" means the amount paid by an	99
employer, as determined by the employer rate, including the normal	100
and deficiency rates, contributions, and funds wherever used in	101
this chapter.	102

(I) "Five years of service credit" means employment covered	103
under this chapter and employment covered under a former	104
retirement plan operated, recognized, or endorsed by a college,	105
institute, university, or political subdivision of this state	106
prior to coverage under this chapter.	107

(J) "Actuary" means an actuarial professional contracted with	108
or employed by the state teachers retirement board, who shall be	109
either of the following:	110

(1) A member of the American academy of actuaries;

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(2) A firm, partnership, or corporation of which at least one	112
person is a member of the American academy of actuaries.	113

(K) "Fiduciary" means a person who does any of the following:

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(1) Exercises any discretionary authority or control with	115
respect to the management of the system, or with respect to the	116
management or disposition of its assets;	117

(2) Renders investment advice for a fee, direct or indirect,	118
with respect to money or property of the system;	119

(3) Has any discretionary authority or responsibility in the	120
administration of the system.	121

(L)(1) Except as provided in this division, "compensation"	122
means all salary, wages, and other earnings paid to a teacher by	123
reason of the teacher's employment, including compensation paid	124
pursuant to a supplemental contract. The salary, wages, and other	125
earnings shall be determined prior to determination of the amount	126
required to be contributed to the teachers' savings fund or	127
defined contribution fund under section 3307.26 of the Revised	128
Code and without regard to whether any of the salary, wages, or	129
other earnings are treated as deferred income for federal income	130
tax purposes.	131

(2) Compensation does not include any of the following:

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(a) Payments for accrued but unused sick leave or personal	133
leave, including payments made under a plan established pursuant	134
to section 124.39 of the Revised Code or any other plan	135
established by the employer;	136

(b) Payments made for accrued but unused vacation leave,	137
including payments made pursuant to section 124.13 of the Revised	138
Code or a plan established by the employer;	139

(c) Payments made for vacation pay covering concurrent	140
periods for which other salary, compensation, or benefits under	141
this chapter or Chapter 145. or 3309. of the Revised Code are	142
paid;	143

(d) Amounts paid by the employer to provide life insurance,	144
sickness, accident, endowment, health, medical, hospital, dental,	145
or surgical coverage, or other insurance for the teacher or the	146
teacher's family, or amounts paid by the employer to the teacher	147
in lieu of providing the insurance;	148

(e) Incidental benefits, including lodging, food, laundry,	149
parking, or services furnished by the employer, use of the	150
employer's property or equipment, and reimbursement for	151
job-related expenses authorized by the employer, including moving	152
and travel expenses and expenses related to professional	153
development;	154

(f) Payments made by the employer in exchange for a member's	155
waiver of a right to receive any payment, amount, or benefit	156
described in division (L)(2) of this section;	157

(g) Payments by the employer for services not actually	158
rendered;	159

(h) Any amount paid by the employer as a retroactive increase	160
in salary, wages, or other earnings, unless the increase is one of	161
the following:	162

(i) A retroactive increase paid to a member employed by a	163
school district board of education in a position that requires a	164
license designated for teaching and not designated for being an	165
administrator issued under section 3319.22 of the Revised Code	166
that is paid in accordance with uniform criteria applicable to all	167
members employed by the board in positions requiring the licenses;	168

(ii) A retroactive increase paid to a member employed by a	169
school district board of education in a position that requires a	170
license designated for being an administrator issued under section	171
3319.22 of the Revised Code that is paid in accordance with	172
uniform criteria applicable to all members employed by the board	173
in positions requiring the licenses;	174

(iii) A retroactive increase paid to a member employed by a	175
school district board of education as a superintendent that is	176
also paid as described in division (L)(2)(h)(i) of this section;	177

(iv) A retroactive increase paid to a member employed by an	178
employer other than a school district board of education in	179
accordance with uniform criteria applicable to all members	180
employed by the employer.	181

(i) Payments made to or on behalf of a teacher that are in	182
excess of the annual compensation that may be taken into account	183
by the retirement system under division (a)(17) of section 401 of	184
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	185
401(a)(17), as amended. For a teacher who first establishes	186
membership before July 1, 1996, the annual compensation that may	187
be taken into account by the retirement system shall be determined	188
under division (d)(3) of section 13212 of the "Omnibus Budget	189
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.	190

(j) Payments made under division (B), (C), or (E) of section	191
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	192
No. 3 of the 119th general assembly, Section 3 of Amended	193
Substitute Senate Bill No. 164 of the 124th general assembly, or	194
Amended Substitute House Bill No. 405 of the 124th general	195
assembly;	196

(k) Anything of value received by the teacher that is based	197
on or attributable to retirement or an agreement to retire;	198

(l) Any amount paid by the employer as a retroactive payment	199
of earnings, damages, or back pay pursuant to a court order,	200
court-adopted settlement agreement, or other settlement agreement,	201
unless the retirement system receives both of the following:	202

(i) Teacher and employer contributions under sections 3307.26	203
and 3307.28 of the Revised Code, plus interest compounded annually	204
at a rate determined by the board, for each year or portion of a	205
year for which amounts are paid under the order or agreement;	206

(ii) Teacher and employer contributions under sections	207
3307.26 and 3307.28 of the Revised Code, plus interest compounded	208
annually at a rate determined by the board, for each year or	209
portion of a year not subject to division (L)(2)(l)(i) of this	210
section for which the board determines the teacher was improperly	211
paid, regardless of the teacher's ability to recover on such	212
amounts improperly paid.	213

(3) The retirement board shall determine both of the	214
following:	215

(a) Whether particular forms of earnings are included in any	216
of the categories enumerated in this division;	217

(b) Whether any form of earnings not enumerated in this	218
division is to be included in compensation.	219

Decisions of the board made under this division shall be	220
final.	221

(M) "Superannuate" means both of the following:

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(1) A former teacher receiving from the system a retirement	223
allowance under section 3307.58 or 3307.59 of the Revised Code;	224

(2) A former teacher receiving a benefit from the system	225
under a plan established under section 3307.81 of the Revised	226
Code, except that "superannuate" does not include a former teacher	227
who is receiving a benefit based on disability under a plan	228
established under section 3307.81 of the Revised Code.	229

For purposes of sections 3307.35 and 3307.353 of the Revised	230
Code, "superannuate" also means a former teacher receiving from	231
the system a combined service retirement benefit paid in	232
accordance with section 3307.57 of the Revised Code, regardless of	233
which retirement system is paying the benefit.	234

(N) "STRS defined benefit plan" means the plan described in	235
sections 3307.50 to 3307.79 of the Revised Code.	236

(O) "STRS defined contribution plan" means the plans	237
established under section 3307.81 of the Revised Code and includes	238
the STRS combined plan under that section.	239

Section 2.  That existing section 3307.01 of the Revised Code	240
is hereby repealed.	241