Bill Text: OH HB69 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: Regarding the state retirement systems.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-02-01 - To Health & Aging [HB69 Detail]
Download: Ohio-2011-HB69-Introduced.html
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Representative Wachtmann
To amend sections 145.01, 145.20, 145.201, 145.22, | 1 |
145.28, 145.29, 145.291, 145.293, 145.294, | 2 |
145.295, 145.297, 145.298, 145.299, 145.2911, | 3 |
145.2912, 145.2913, 145.2914, 145.30, 145.32, | 4 |
145.323, 145.33, 145.331, 145.34, 145.35, 145.36, | 5 |
145.361, 145.362, 145.37, 145.383, 145.39, 145.40, | 6 |
145.401, 145.41, 145.44, 145.45, 145.452, 145.462, | 7 |
145.47, 145.48, 145.483, 145.49, 145.51, 145.54, | 8 |
145.56, 145.561, 145.563, 145.58, 145.82, 145.87, | 9 |
145.92, 145.95, 145.97, 742.01, 742.31, 742.33, | 10 |
742.34, 742.35, 742.37, 742.3716, 742.38, 742.39, | 11 |
742.44, 742.444, 742.63, 2329.66, 3305.06, | 12 |
3307.26, 3307.501, 3307.58, 3307.67, 3309.26, | 13 |
3309.312, 3309.33, 3309.34, 3309.341, 3309.343, | 14 |
3309.353, 3309.354, 3309.36, 3309.362, 3309.371, | 15 |
3309.373, 3309.376, 3309.379, 3309.3710, | 16 |
3309.3711, 3309.39, 3309.401, 3309.45, 3309.46, | 17 |
3309.69, 3375.411, 5505.01, 5505.03, 5505.15, | 18 |
5505.174, and 5505.54; to amend, for the purpose | 19 |
of adopting new section numbers as indicated in | 20 |
parentheses, sections 145.29 (145.292) and 145.325 | 21 |
(145.584); to enact new sections 145.29 and | 22 |
145.332 and sections 145.016, 145.017, 145.036, | 23 |
145.037, 145.038, 145.2915, 145.2916, 145.363, | 24 |
145.573, 2901.431, and 2929.193; and to repeal | 25 |
sections 145.02, 145.292, 145.321, 145.322, | 26 |
145.324, 145.326, 145.327, 145.328, 145.329, | 27 |
145.3210, 145.3211, 145.3212, 145.3213, 145.332, | 28 |
145.42, 145.44, and 3309.38 of the Revised Code | 29 |
regarding the state retirement systems. | 30 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 145.01, 145.20, 145.201, 145.22, | 31 |
145.28, 145.29, 145.291, 145.293, 145.294, 145.295, 145.297, | 32 |
145.298, 145.299, 145.2911, 145.2912, 145.2913, 145.2914, 145.30, | 33 |
145.32, 145.323, 145.33, 145.331, 145.34, 145.35, 145.36, 145.361, | 34 |
145.362, 145.37, 145.383, 145.39, 145.40, 145.401, 145.41, 145.44, | 35 |
145.45, 145.452, 145.462, 145.47, 145.48, 145.483, 145.49, 145.51, | 36 |
145.54, 145.56, 145.561, 145.563, 145.58, 145.82, 145.87, 145.92, | 37 |
145.95, 145.97, 742.01, 742.31, 742.33, 742.34, 742.35, 742.37, | 38 |
742.3716, 742.38, 742.39, 742.44, 742.444, 742.63, 2329.66, | 39 |
3305.06, 3307.26, 3307.501, 3307.58, 3307.67, 3309.26, 3309.312, | 40 |
3309.33, 3309.34, 3309.341, 3309.343, 3309.353, 3309.354, 3309.36, | 41 |
3309.362, 3309.371, 3309.373, 3309.376, 3309.379, 3309.3710, | 42 |
3309.3711, 3309.39, 3309.401, 3309.45, 3309.46, 3309.69, 3375.411, | 43 |
5505.01, 5505.03, 5505.15, 5505.174, and 5505.54 be amended; | 44 |
sections 145.29 (145.292) and 145.325 (145.584) be amended for the | 45 |
purpose of adopting new section numbers as indicated in | 46 |
parentheses; and new sections 145.29 and 145.332 and sections | 47 |
145.016, 145.017, 145.036, 145.037, 145.038, 145.2915, 145.2916, | 48 |
145.363, 145.573, 2901.431, and 2929.193 of the Revised Code be | 49 |
enacted to read as follows: | 50 |
Sec. 145.01. As used in this chapter: | 51 |
(A) "Public employee" means: | 52 |
(1) Any person holding an office, not elective, under the | 53 |
state or any county, township, municipal corporation, park | 54 |
district, conservancy district, sanitary district, health | 55 |
district, metropolitan housing authority, state retirement board, | 56 |
Ohio historical society, public library, county law library, union | 57 |
cemetery, joint hospital, institutional commissary, state | 58 |
university, or board, bureau, commission, council, committee, | 59 |
authority, or administrative body as the same are, or have been, | 60 |
created by action of the general assembly or by the legislative | 61 |
authority of any of the units of local government named in | 62 |
division (A)(1) of this section, or employed and paid in whole or | 63 |
in part by the state or any of the authorities named in division | 64 |
(A)(1) of this section in any capacity not covered by section | 65 |
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code. | 66 |
(2) A person who is a member of the public employees | 67 |
retirement system and who continues to perform the same or similar | 68 |
duties under the direction of a contractor who has contracted to | 69 |
take over what before the date of the contract was a publicly | 70 |
operated function. The governmental unit with which the contract | 71 |
has been made shall be deemed the employer for the purposes of | 72 |
administering this chapter. | 73 |
(3) Any person who is an employee of a public employer, | 74 |
notwithstanding that the person's compensation for that employment | 75 |
is derived from funds of a person or entity other than the | 76 |
employer. Credit for such service shall be included as total | 77 |
service credit, provided that the employee makes the payments | 78 |
required by this chapter, and the employer makes the payments | 79 |
required by sections 145.48 and 145.51 of the Revised Code. | 80 |
(4) A person who elects in accordance with section 145.015 of | 81 |
the Revised Code to remain a contributing member of the public | 82 |
employees retirement system. | 83 |
In all cases of doubt, the public employees retirement board | 84 |
shall determine under section 145.036, 145.037, or 145.038 of the | 85 |
Revised Code whether any person is a public employee, and its | 86 |
decision is final. | 87 |
(B) "Member" means any public employee, other than a public | 88 |
employee excluded or exempted from membership in the retirement | 89 |
system by section 145.03, 145.031, 145.032, 145.033, 145.034, | 90 |
145.035, or 145.38 of the Revised Code. "Member" includes a PERS | 91 |
retirant who becomes a member under division
| 92 |
145.38 of the Revised Code. "Member" also includes a disability | 93 |
benefit recipient. | 94 |
(C) "Head of the department" means the elective or appointive | 95 |
head of the several executive, judicial, and administrative | 96 |
departments, institutions, boards, and commissions of the state | 97 |
and local government as the same are created and defined by the | 98 |
laws of this state or, in case of a charter government, by that | 99 |
charter. | 100 |
(D) "Employer" or "public employer" means the state or any | 101 |
county, township, municipal corporation, park district, | 102 |
conservancy district, sanitary district, health district, | 103 |
metropolitan housing authority, state retirement board, Ohio | 104 |
historical society, public library, county law library, union | 105 |
cemetery, joint hospital, institutional commissary, state medical | 106 |
college, state university, or board, bureau, commission, council, | 107 |
committee, authority, or administrative body as the same are, or | 108 |
have been, created by action of the general assembly or by the | 109 |
legislative authority of any of the units of local government | 110 |
named in this division not covered by section 742.01, 3307.01, | 111 |
3309.01, or 5505.01 of the Revised Code. In addition, "employer" | 112 |
means the employer of any public employee. | 113 |
(E) | 114 |
115 | |
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117 | |
118 | |
119 | |
120 | |
121 | |
122 | |
123 | |
124 | |
125 | |
126 | |
127 | |
128 | |
service"
| 129 |
armed forces of the United States as provided in section 145.30 of | 130 |
the Revised Code. | 131 |
| 132 |
133 | |
134 | |
135 | |
136 | |
137 | |
138 |
| 139 |
140 | |
141 | |
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| 143 |
144 | |
145 | |
146 |
| 147 |
148 | |
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151 | |
152 | |
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| 154 |
155 | |
156 | |
157 | |
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| 159 |
160 | |
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162 | |
163 |
(F) "Contributor" means any person who has an account in the | 164 |
employees' savings fund created by section 145.23 of the Revised | 165 |
Code. When used in the sections listed in division (B) of section | 166 |
145.82 of the Revised Code, "contributor" includes any person | 167 |
participating in a PERS defined contribution plan. | 168 |
(G) "Beneficiary" or "beneficiaries" means the estate or a | 169 |
person or persons who, as the result of the death of a member, | 170 |
contributor, or retirant, qualify for or are receiving some right | 171 |
or benefit under this chapter. | 172 |
(H)(1) "Total service credit," except as provided in section | 173 |
145.37 of the Revised Code, means all service credited to a member | 174 |
of the retirement system since last becoming a member, including | 175 |
restored service credit as provided by section 145.31 of the | 176 |
Revised Code; credit purchased under sections 145.293 and 145.299 | 177 |
of the Revised Code; | 178 |
the member's military service credit computed as provided in this | 179 |
chapter; all service credit established pursuant to section | 180 |
145.297 of the Revised Code; and any other service credited under | 181 |
this chapter. | 182 |
183 | |
184 | |
185 | |
the service credit requirement and of determining eligibility for | 186 |
benefits under sections 145.32, 145.33, 145.331, 145.35, 145.36, | 187 |
and 145.361 of the Revised Code, "five or more years of total | 188 |
service credit" means sixty or more calendar months of | 189 |
contributing service in this system. | 190 |
(2) "One and one-half years of contributing service credit," | 191 |
as used in division (B) of section 145.45 of the Revised Code, | 192 |
also means eighteen or more calendar months of employment by a | 193 |
municipal corporation that formerly operated its own retirement | 194 |
plan for its employees or a part of its employees, provided that | 195 |
all employees of that municipal retirement plan who have eighteen | 196 |
or more months of such employment, upon establishing membership in | 197 |
the public employees retirement system, shall make a payment of | 198 |
the contributions they would have paid had they been members of | 199 |
this system for the eighteen months of employment preceding the | 200 |
date membership was established. When that payment has been made | 201 |
by all such employee members, a corresponding payment shall be | 202 |
paid into the employers' accumulation fund by that municipal | 203 |
corporation as the employer of the employees. | 204 |
(3) Where a member also is a member of the state teachers | 205 |
retirement system or the school employees retirement system, or | 206 |
both, except in cases of retirement on a combined basis pursuant | 207 |
to section 145.37 of the Revised Code or as provided in section | 208 |
145.383 of the Revised Code, service credit for any period shall | 209 |
be credited on the basis of the ratio that contributions to the | 210 |
public employees retirement system bear to total contributions in | 211 |
all state retirement systems. | 212 |
(4) Not more than one year of credit may be given for any | 213 |
period of twelve months. | 214 |
(5) "Ohio service credit" means credit for service that was | 215 |
rendered to the state or any of its political subdivisions or any | 216 |
employer. | 217 |
(I) "Regular interest" means interest at any rates for the | 218 |
respective funds and accounts as the public employees retirement | 219 |
board may determine from time to time. | 220 |
(J) "Accumulated contributions" means the sum of all amounts | 221 |
credited to a contributor's individual account in the employees' | 222 |
savings fund together with any interest credited to the | 223 |
contributor's account under section 145.471 or 145.472 of the | 224 |
Revised Code. | 225 |
(K) | 226 |
dividing by | 227 |
145.017 of the Revised Code the sum of | 228 |
full calendar years of contributing service in which the member's | 229 |
earnable salary was highest, except that if the member has a | 230 |
partial year of contributing service in the year the member's | 231 |
employment terminates and the member's earnable salary for the | 232 |
partial year is higher than for any comparable period in the | 233 |
specified number of years, the member's earnable salary for the | 234 |
partial year shall be substituted for the member's earnable salary | 235 |
for the comparable period during the | 236 |
member's earnable salary was lowest. | 237 |
| 238 |
years of contributing service, the member's final average salary | 239 |
shall be the member's total earnable salary divided by the total | 240 |
number of years, including any fraction of a year, of the member's | 241 |
contributing service. | 242 |
| 243 |
member qualifying for service credit under division | 244 |
section, "final average salary" means the total earnable salary on | 245 |
which contributions were made divided by the total number of years | 246 |
during which contributions were made, including any fraction of a | 247 |
year. If contributions were made for less than twelve months, | 248 |
"final average salary" means the member's total earnable salary. | 249 |
(L) "Annuity" means payments for life derived from | 250 |
contributions made by a contributor and paid from the annuity and | 251 |
pension reserve fund as provided in this chapter. All annuities | 252 |
shall be paid in twelve equal monthly installments. | 253 |
(M) "Annuity reserve" means the present value, computed upon | 254 |
the basis of the mortality and other tables adopted by the board, | 255 |
of all payments to be made on account of any annuity, or benefit | 256 |
in lieu of any annuity, granted to a retirant as provided in this | 257 |
chapter. | 258 |
(N)(1) "Disability retirement" means retirement as provided | 259 |
in section 145.36 of the Revised Code. | 260 |
(2) "Disability allowance" means an allowance paid on account | 261 |
of disability under section 145.361 of the Revised Code. | 262 |
(3) "Disability benefit" means a benefit paid as disability | 263 |
retirement under section 145.36 of the Revised Code, as a | 264 |
disability allowance under section 145.361 of the Revised Code, or | 265 |
as a disability benefit under section 145.37 of the Revised Code. | 266 |
(4) "Disability benefit recipient" means a member who is | 267 |
receiving a disability benefit. | 268 |
(O) "Age and service retirement" means retirement as provided | 269 |
in sections 145.32, 145.33, 145.331, 145.34, 145.37, and 145.46 of | 270 |
the Revised Code. | 271 |
(P) "Pensions" means annual payments for life derived from | 272 |
contributions made by the employer that at the time of retirement | 273 |
are credited into the annuity and pension reserve fund from the | 274 |
employers' accumulation fund and paid from the annuity and pension | 275 |
reserve fund as provided in this chapter. All pensions shall be | 276 |
paid in twelve equal monthly installments. | 277 |
(Q) "Retirement allowance" means the pension plus that | 278 |
portion of the benefit derived from contributions made by the | 279 |
member. | 280 |
(R)(1) Except as otherwise provided in division (R) of this | 281 |
section, "earnable salary" means all salary, wages, and other | 282 |
earnings paid to a contributor by reason of employment in a | 283 |
position covered by the retirement system. The salary, wages, and | 284 |
other earnings shall be determined prior to determination of the | 285 |
amount required to be contributed to the employees' savings fund | 286 |
under section 145.47 of the Revised Code and without regard to | 287 |
whether any of the salary, wages, or other earnings are treated as | 288 |
deferred income for federal income tax purposes. "Earnable salary" | 289 |
includes the following: | 290 |
(a) Payments made by the employer in lieu of salary, wages, | 291 |
or other earnings for sick leave, personal leave, or vacation used | 292 |
by the contributor; | 293 |
(b) Payments made by the employer for the conversion of sick | 294 |
leave, personal leave, and vacation leave accrued, but not used if | 295 |
the payment is made during the year in which the leave is accrued, | 296 |
except that payments made pursuant to section 124.383 or 124.386 | 297 |
of the Revised Code are not earnable salary; | 298 |
(c) Allowances paid by the employer for full maintenance, | 299 |
consisting of housing, laundry, and meals, as certified to the | 300 |
retirement board by the employer or the head of the department | 301 |
that employs the contributor; | 302 |
(d) Fees and commissions paid under section 507.09 of the | 303 |
Revised Code; | 304 |
(e) Payments that are made under a disability leave program | 305 |
sponsored by the employer and for which the employer is required | 306 |
by section 145.296 of the Revised Code to make periodic employer | 307 |
and employee contributions; | 308 |
(f) Amounts included pursuant to | 309 |
and former division (Y) of this section and section 145.2916 of | 310 |
the Revised Code. | 311 |
(2) "Earnable salary" does not include any of the following: | 312 |
(a) Fees and commissions, other than those paid under section | 313 |
507.09 of the Revised Code, paid as sole compensation for personal | 314 |
services and fees and commissions for special services over and | 315 |
above services for which the contributor receives a salary; | 316 |
(b) Amounts paid by the employer to provide life insurance, | 317 |
sickness, accident, endowment, health, medical, hospital, dental, | 318 |
or surgical coverage, or other insurance for the contributor or | 319 |
the contributor's family, or amounts paid by the employer to the | 320 |
contributor in lieu of providing the insurance; | 321 |
(c) Incidental benefits, including lodging, food, laundry, | 322 |
parking, or services furnished by the employer, or use of the | 323 |
employer's property or equipment, or amounts paid by the employer | 324 |
to the contributor in lieu of providing the incidental benefits; | 325 |
(d) Reimbursement for job-related expenses authorized by the | 326 |
employer, including moving and travel expenses and expenses | 327 |
related to professional development; | 328 |
(e) Payments for accrued but unused sick leave, personal | 329 |
leave, or vacation that are made at any time other than in the | 330 |
year in which the sick leave, personal leave, or vacation was | 331 |
accrued; | 332 |
(f) Payments made to or on behalf of a contributor that are | 333 |
in excess of the annual compensation that may be taken into | 334 |
account by the retirement system under division (a)(17) of section | 335 |
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 | 336 |
U.S.C.A. 401(a)(17), as amended; | 337 |
(g) Payments made under division (B), (C), or (E) of section | 338 |
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill | 339 |
No. 3 of the 119th general assembly, Section 3 of Amended | 340 |
Substitute Senate Bill No. 164 of the 124th general assembly, or | 341 |
Amended Substitute House Bill No. 405 of the 124th general | 342 |
assembly; | 343 |
(h) Anything of value received by the contributor that is | 344 |
based on or attributable to retirement or an agreement to retire, | 345 |
except that payments made on or before January 1, 1989, that are | 346 |
based on or attributable to an agreement to retire shall be | 347 |
included in earnable salary if both of the following apply: | 348 |
(i) The payments are made in accordance with contract | 349 |
provisions that were in effect prior to January 1, 1986; | 350 |
(ii) The employer pays the retirement system an amount | 351 |
specified by the retirement board equal to the additional | 352 |
liability resulting from the payments. | 353 |
(i) The portion of any amount included under section 145.2916 | 354 |
of the Revised Code that represents employer contributions. | 355 |
(3) The retirement board shall determine by rule whether any | 356 |
compensation not enumerated in division (R) of this section is | 357 |
earnable salary, and its decision shall be final. | 358 |
(S) "Pension reserve" means the present value, computed upon | 359 |
the basis of the mortality and other tables adopted by the board, | 360 |
of all payments to be made on account of any retirement allowance | 361 |
or benefit in lieu of any retirement allowance, granted to a | 362 |
member or beneficiary under this chapter. | 363 |
(T) | 364 |
member of the system since January 1, 1935, for which | 365 |
contributions are made as required by sections 145.47, 145.48, and | 366 |
145.483 of the Revised Code. In any year subsequent to 1934, | 367 |
credit for any service shall be allowed | 368 |
| 369 |
370 |
| 371 |
372 | |
373 | |
374 | |
375 | |
376 | |
377 | |
378 | |
379 | |
380 |
| 381 |
382 | |
383 | |
384 | |
385 | |
386 | |
387 | |
Revised Code. | 388 |
(U) "State retirement board" means the public employees | 389 |
retirement board, the school employees retirement board, or the | 390 |
state teachers retirement board. | 391 |
(V) "Retirant" means any former member who retires and is | 392 |
receiving a monthly allowance as provided in sections 145.32, | 393 |
145.33, 145.331, 145.332, 145.34, and 145.46 of the Revised Code. | 394 |
(W) "Employer contribution" means the amount paid by an | 395 |
employer as determined under section 145.48 of the Revised Code. | 396 |
(X) "Public service terminates" means the last day for which | 397 |
a public employee is compensated for services performed for an | 398 |
employer or the date of the employee's death, whichever occurs | 399 |
first. | 400 |
(Y) | 401 |
402 | |
403 | |
404 | |
405 | |
406 | |
407 | |
408 | |
409 | |
410 | |
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427 | |
428 | |
429 | |
430 | |
431 | |
432 |
| 433 |
of satisfying the service credit requirements and of determining | 434 |
eligibility for benefits under section 145.33 of the Revised Code, | 435 |
means employment covered under this chapter or under a former | 436 |
retirement plan operated, recognized, or endorsed by the employer | 437 |
prior to coverage under this chapter or under a combination of the | 438 |
coverage. | 439 |
| 440 |
and employed as a full-time peace officer by the sheriff of any | 441 |
county, and has been so employed since on or before December 31, | 442 |
1965; any person who is or has been commissioned and employed as a | 443 |
peace officer by the sheriff of any county since January 1, 1966, | 444 |
and who has received a certificate attesting to the person's | 445 |
satisfactory completion of the peace officer training school as | 446 |
required by section 109.77 of the Revised Code; or any person | 447 |
deputized by the sheriff of any county and employed pursuant to | 448 |
section 2301.12 of the Revised Code as a criminal bailiff or court | 449 |
constable who has received a certificate attesting to the person's | 450 |
satisfactory completion of the peace officer training school as | 451 |
required by section 109.77 of the Revised Code. | 452 |
| 453 |
police department or district" means any person who is | 454 |
commissioned and employed as a full-time peace officer pursuant to | 455 |
Chapter 505. or 509. of the Revised Code, who has received a | 456 |
certificate attesting to the person's satisfactory completion of | 457 |
the peace officer training school as required by section 109.77 of | 458 |
the Revised Code. | 459 |
| 460 |
following: | 461 |
(1) Employed full time as a narcotics agent by a county | 462 |
narcotics agency created pursuant to section 307.15 of the Revised | 463 |
Code and has received a certificate attesting to the satisfactory | 464 |
completion of the peace officer training school as required by | 465 |
section 109.77 of the Revised Code; | 466 |
(2) Employed full time as an undercover drug agent as defined | 467 |
in section 109.79 of the Revised Code and is in compliance with | 468 |
section 109.77 of the Revised Code. | 469 |
| 470 |
means a full-time employee of the department of public safety who | 471 |
is designated under section 5502.14 of the Revised Code as an | 472 |
enforcement agent and who is in compliance with section 109.77 of | 473 |
the Revised Code. | 474 |
| 475 |
means a full-time employee of the department of natural resources | 476 |
who is designated a natural resources law enforcement staff | 477 |
officer under section 1501.013 of the Revised Code and is in | 478 |
compliance with section 109.77 of the Revised Code. | 479 |
| 480 |
department of natural resources who is designated a park officer | 481 |
under section 1541.10 of the Revised Code and is in compliance | 482 |
with section 109.77 of the Revised Code. | 483 |
| 484 |
department of natural resources who is designated a forest officer | 485 |
under section 1503.29 of the Revised Code and is in compliance | 486 |
with section 109.77 of the Revised Code. | 487 |
| 488 |
department of natural resources who is designated a preserve | 489 |
officer under section 1517.10 of the Revised Code and is in | 490 |
compliance with section 109.77 of the Revised Code. | 491 |
| 492 |
department of natural resources who is designated a wildlife | 493 |
officer under section 1531.13 of the Revised Code and is in | 494 |
compliance with section 109.77 of the Revised Code. | 495 |
| 496 |
employee of the department of natural resources who is designated | 497 |
a state watercraft officer under section 1547.521 of the Revised | 498 |
Code and is in compliance with section 109.77 of the Revised Code. | 499 |
| 500 |
employee of a park district who is designated pursuant to section | 501 |
511.232 or 1545.13 of the Revised Code and is in compliance with | 502 |
section 109.77 of the Revised Code. | 503 |
| 504 |
employee of a conservancy district who is designated pursuant to | 505 |
section 6101.75 of the Revised Code and is in compliance with | 506 |
section 109.77 of the Revised Code. | 507 |
| 508 |
organized police department of a municipal corporation who is | 509 |
employed full time, is in compliance with section 109.77 of the | 510 |
Revised Code, and is not a member of the Ohio police and fire | 511 |
pension fund. | 512 |
| 513 |
is employed at a veterans' home as a police officer pursuant to | 514 |
section 5907.02 of the Revised Code and is in compliance with | 515 |
section 109.77 of the Revised Code. | 516 |
| 517 |
institution" means any person who is designated as such pursuant | 518 |
to section 5119.14 of the Revised Code and is in compliance with | 519 |
section 109.77 of the Revised Code. | 520 |
| 521 |
522 | |
who is designated as such pursuant to section 5123.13 of the | 523 |
Revised Code and is in compliance with section 109.77 of the | 524 |
Revised Code. | 525 |
| 526 |
person who is employed full time as a state university law | 527 |
enforcement officer pursuant to section 3345.04 of the Revised | 528 |
Code and who is in compliance with section 109.77 of the Revised | 529 |
Code. | 530 |
| 531 |
by the speaker of the house of representatives under division | 532 |
(B)(1) of section 101.311 of the Revised Code who has arrest | 533 |
authority under division (E)(1) of that section. | 534 |
| 535 |
appointed by the house sergeant at arms under division (C)(1) of | 536 |
section 101.311 of the Revised Code. | 537 |
| 538 |
person who is employed full time as a regional transit authority | 539 |
police officer under division (Y) of section 306.35 of the Revised | 540 |
Code and is in compliance with section 109.77 of the Revised Code. | 541 |
| 542 |
special police officer employed full time and designated by the | 543 |
superintendent of the state highway patrol pursuant to section | 544 |
5503.09 of the Revised Code or a person serving full time as a | 545 |
special police officer pursuant to that section on a permanent | 546 |
basis on October 21, 1997, who is in compliance with section | 547 |
109.77 of the Revised Code. | 548 |
| 549 |
who serves full time as the public safety director of a municipal | 550 |
corporation with the duty of directing the activities of the | 551 |
municipal corporation's police department and fire department. | 552 |
| 553 |
"PERS law enforcement officer" means a sheriff or any of the | 554 |
following whose primary duties are to preserve the peace, protect | 555 |
life and property, and enforce the laws of this state: a deputy | 556 |
sheriff, township constable or police officer in a township police | 557 |
department or district, drug agent, department of public safety | 558 |
enforcement agent, natural resources law enforcement staff | 559 |
officer, park officer, forest officer, preserve officer, wildlife | 560 |
officer, state watercraft officer, park district police officer, | 561 |
conservancy district officer, veterans' home police officer, | 562 |
special police officer for a mental health institution, special | 563 |
police officer for an institution for the | 564 |
developmentally disabled, state university law enforcement | 565 |
officer, municipal police officer, house sergeant at arms, | 566 |
assistant house sergeant at arms, regional transit authority | 567 |
police officer, or state highway patrol police officer. PERS law | 568 |
enforcement officer also includes a person serving as a municipal | 569 |
public safety director at any time during the period from | 570 |
September 29, 2005, to | 571 |
24, 2009, if the duties of that service were to preserve the | 572 |
peace, protect life and property, and enforce the laws of this | 573 |
state. | 574 |
| 575 |
person appointed by the clerk of courts of the Hamilton county | 576 |
municipal court under division (A)(3) of section 1901.32 of the | 577 |
Revised Code who is employed full time as a bailiff or deputy | 578 |
bailiff, who has received a certificate attesting to the person's | 579 |
satisfactory completion of the peace officer basic training | 580 |
described in division (D)(1) of section 109.77 of the Revised | 581 |
Code. | 582 |
| 583 |
municipal court bailiff, or any of the following whose primary | 584 |
duties are other than to preserve the peace, protect life and | 585 |
property, and enforce the laws of this state: a deputy sheriff, | 586 |
township constable or police officer in a township police | 587 |
department or district, drug agent, department of public safety | 588 |
enforcement agent, natural resources law enforcement staff | 589 |
officer, park officer, forest officer, preserve officer, wildlife | 590 |
officer, state watercraft officer, park district police officer, | 591 |
conservancy district officer, veterans' home police officer, | 592 |
special police officer for a mental health institution, special | 593 |
police officer for an institution for the | 594 |
developmentally disabled, state university law enforcement | 595 |
officer, municipal police officer, house sergeant at arms, | 596 |
assistant house sergeant at arms, regional transit authority | 597 |
police officer, or state highway patrol police officer. PERS | 598 |
public safety officer also includes a person serving as a | 599 |
municipal public safety director at any time during the period | 600 |
from September 29, 2005, to | 601 |
March 24, 2009, if the duties of that service were other than to | 602 |
preserve the peace, protect life and property, and enforce the | 603 |
laws of this state. | 604 |
| 605 |
following: | 606 |
(1) Exercises any discretionary authority or control with | 607 |
respect to the management of the system or with respect to the | 608 |
management or disposition of its assets; | 609 |
(2) Renders investment advice for a fee, direct or indirect, | 610 |
with respect to money or property of the system; | 611 |
(3) Has any discretionary authority or responsibility in the | 612 |
administration of the system. | 613 |
| 614 |
the following requirements: | 615 |
(1) Is a member of the American academy of actuaries; | 616 |
(2) Is an associate or fellow of the society of actuaries; | 617 |
(3) Has a minimum of five years' experience in providing | 618 |
actuarial services to public retirement plans. | 619 |
| 620 |
described in sections 145.201 to 145.79 of the Revised Code. | 621 |
| 622 |
or plans established under section 145.81 of the Revised Code. | 623 |
Sec. 145.016. Contributing service shall be allowed in | 624 |
accordance with the following: | 625 |
(A) For service before the first full calendar year beginning | 626 |
on or after the effective date of this section, credit for any | 627 |
contributing service shall be allowed as follows: | 628 |
(1) For each month for which the member's earnable salary is | 629 |
two hundred fifty dollars or more, allow one month's credit; | 630 |
(2) For each month for which the member's earnable salary is | 631 |
less than two hundred fifty dollars, allow a fraction of a month's | 632 |
credit. The numerator of this fraction shall be the earnable | 633 |
salary during the month, and the denominator shall be two hundred | 634 |
fifty dollars, except that if the member's annual earnable salary | 635 |
is less than six hundred dollars, the member's credit shall not be | 636 |
reduced below twenty per cent of a year for a calendar year of | 637 |
employment during which the member worked each month. Division | 638 |
(A)(2) of this section shall not reduce any credit earned before | 639 |
January 1, 1985. | 640 |
(B) For service during or after the first full calendar year | 641 |
beginning after the effective date of this section, credit for any | 642 |
contributing service shall be allowed in accordance with the | 643 |
following: | 644 |
(1) For each month for which the member's earnable salary | 645 |
equals or exceeds the amount specified in division (B)(1)(a) or | 646 |
(b) of this section, as appropriate, allow one month's credit: | 647 |
(a) For the first full calendar year beginning after the | 648 |
effective date of this section, one thousand dollars; | 649 |
(b) For each calendar year thereafter, the sum of the prior | 650 |
year's amount plus the amount determined by multiplying the prior | 651 |
year's amount by the average wage index as described in 20 C.F.R. | 652 |
404.272, as amended, rounded up to the next dollar for the most | 653 |
recent year for which information is available on June 30 of the | 654 |
year immediately preceding the year for which the sum is being | 655 |
calculated. | 656 |
(2) Except as provided in division (C) of this section, for | 657 |
each month that the member's earnable salary is less than the | 658 |
appropriate amount specified in division (B)(1) of this section, | 659 |
allow a fraction of a month's credit. The numerator of the | 660 |
fraction shall be the earnable salary during the month and the | 661 |
denominator shall be the amount specified in division (B)(1)(a) or | 662 |
(b) of this section, as appropriate. Division (B) of this section | 663 |
shall not reduce any credit earned before the first full calendar | 664 |
year beginning after the effective date of this section. | 665 |
(C) Notwithstanding any other provision of this section, an | 666 |
elected official who prior to January 1, 1980, was granted a full | 667 |
year of credit for each year of service as an elected official | 668 |
shall be considered to have earned a full year of credit for each | 669 |
year of service regardless of whether the service was full-time or | 670 |
part-time. The public employees retirement board has no authority | 671 |
to reduce the credit. | 672 |
Sec. 145.017. (A) For a person eligible for a retirement | 673 |
allowance under division (A)(1) of section 145.32 of the Revised | 674 |
Code or division (B) or (E)(1) of section 145.332 of the Revised | 675 |
Code, the number of years used in the calculation of final average | 676 |
salary shall be three and the sum of the earnable salary for those | 677 |
years shall be divided by three. | 678 |
(B) For a person eligible for a retirement allowance under | 679 |
division (A)(2) of section 145.32 of the Revised Code or division | 680 |
(C) or (E)(2) of section 145.332 of the Revised Code, the number | 681 |
of years used in the calculation of final average salary shall be | 682 |
five and the sum of the earnable salary for those years shall be | 683 |
divided by five. | 684 |
(C) For a person eligible for a retirement allowance under | 685 |
section 145.331 of the Revised Code or a benefit under section | 686 |
145.36 or 145.361 of the Revised Code, the number of years used in | 687 |
the calculation of final average salary shall be five and the sum | 688 |
of the earnable salary for those years shall be divided by five, | 689 |
except that if the person is eligible for a retirement allowance | 690 |
under division (A)(1) of section 145.32 of the Revised Code or | 691 |
division (B) or (E)(1) of section 145.332 of the Revised Code, or | 692 |
if able to continue in employment subject to this chapter would be | 693 |
eligible, the number of years used in the calculation of final | 694 |
average salary shall be three and the sum of the earnable salary | 695 |
for those years shall be divided by three. | 696 |
(D) For a person eligible for a benefit under section 145.45 | 697 |
of the Revised Code, the number of years used in the calculation | 698 |
of final average salary shall be five and the sum of the earnable | 699 |
salary for those years shall be divided by five, except that if | 700 |
the deceased member would have been eligible for a retirement | 701 |
allowance under division (A)(1) of section 145.32 of the Revised | 702 |
Code or division (B) or (E)(1) of section 145.332 of the Revised | 703 |
Code, or if able to continue in employment subject to this chapter | 704 |
would have been eligible had the member not died, the number of | 705 |
years used in the calculation of final average salary shall be | 706 |
three and the sum of the earnable salary for those years shall be | 707 |
divided by three. | 708 |
Sec. 145.036. On or before the last day of January of each | 709 |
year, each public employer shall transmit to the public employees | 710 |
retirement system a list of all individuals providing personal | 711 |
services who at any time during the preceding calendar year | 712 |
received compensation from the employer for which no contributions | 713 |
were deducted under section 145.47 of the Revised Code because the | 714 |
employer classified the individual as an independent contractor or | 715 |
another classification other than public employee or any other | 716 |
reason. The list shall contain the name of the individual and any | 717 |
other information required by the system. | 718 |
If there is doubt at the time the list is compiled or at any | 719 |
other time regarding whether an individual providing personal | 720 |
services to a public employer is a public employee, the employer | 721 |
shall make a written request to the public employees retirement | 722 |
board for a determination of whether the individual is a public | 723 |
employee for the purposes of this chapter. On receipt of the | 724 |
request, the board shall determine whether the individual is a | 725 |
public employee with regard to the services in question. If the | 726 |
board determines that the individual is not a public employee, for | 727 |
the purposes of this chapter the individual shall be considered an | 728 |
independent contractor with regard to the services in question. | 729 |
The board's determination is final. | 730 |
The board shall notify the individual and the employer of its | 731 |
determination. The determination shall apply to services performed | 732 |
before, on, or after the effective date of this section for the | 733 |
same employer in the same capacity. | 734 |
Sec. 145.037. (A) As used in this section and section 145.038 | 735 |
of the Revised Code, "business entity" means a corporation, | 736 |
association, firm, limited liability company, partnership, sole | 737 |
proprietorship, or other entity engaged in business. | 738 |
(B)(1) Except as provided in division (B)(2) of this section, | 739 |
an individual who provided personal services to a public employer | 740 |
on or before the effective date of this section but was not | 741 |
classified as a public employee may request from the public | 742 |
employees retirement board a determination of whether the | 743 |
individual should have been classified as a public employee for | 744 |
purposes of this chapter. The request shall be made on a form | 745 |
provided by the board. | 746 |
(2) Division (B)(1) of this section does not apply to an | 747 |
individual employed by a business entity under contract with a | 748 |
public employer to provide personal services to the employer. | 749 |
(C) Not later than thirty days after the effective date of | 750 |
this section, the board shall notify each employer of the right of | 751 |
an individual described in division (B)(1) of this section to seek | 752 |
the determination described in that division. The notice shall be | 753 |
accompanied by copies of the form described in division (B)(1) of | 754 |
this section. | 755 |
Not later than sixty days after the effective date of this | 756 |
section, the employer shall send to each individual described in | 757 |
division (B)(1) of this section a copy of the form provided by the | 758 |
retirement system and written notice of the right to seek a | 759 |
determination of whether the individual should have been | 760 |
classified as a public employee. The notice shall be sent to the | 761 |
individual's last known address on record with the employer. | 762 |
On receipt of a properly completed form, the board shall | 763 |
determine whether the individual should have been classified as a | 764 |
public employee. If the board determines that the individual is | 765 |
not a public employee with regard to the services in question, for | 766 |
the purposes of this chapter the individual shall be considered an | 767 |
independent contractor with regard to the services in question. | 768 |
The board's determination is final. | 769 |
The board shall notify the individual and the employer of its | 770 |
determination. The determination shall apply to services performed | 771 |
before, on, or after the effective date of this section for the | 772 |
same employer in the same capacity. | 773 |
(D) Regardless of whether an individual actually receives | 774 |
notice under this section, the request for a determination must be | 775 |
made not later than one year after the effective date of this | 776 |
section unless the individual can demonstrate to the board's | 777 |
satisfaction through medical records that at the time the one-year | 778 |
period ended the individual was physically or mentally | 779 |
incapacitated and unable to request a determination. | 780 |
Sec. 145.038. (A) A public employer who on or after the | 781 |
effective date of this section begins to receive personal services | 782 |
from an individual it classifies as an independent contractor or | 783 |
another classification other than public employee shall inform the | 784 |
individual of the classification and that no contributions will be | 785 |
made to the public employees retirement system. Not later than | 786 |
thirty days after the services begin, the employer shall require | 787 |
the individual to acknowledge, in writing on a form provided by | 788 |
the system, that the individual has been informed that the | 789 |
employer does not consider the individual a public employee and no | 790 |
contributions will be made to the public employees retirement | 791 |
system. The employer shall retain the acknowledgement and | 792 |
immediately transmit a copy of it to the system. | 793 |
(B)(1) Regardless of whether the individual has made an | 794 |
acknowledgement under division (A) of this section and, except as | 795 |
provided in division (B)(2) of this section, an individual may | 796 |
request that the public employees retirement board determine | 797 |
whether the individual is a public employee for purposes of this | 798 |
chapter. | 799 |
(2) Division (B)(1) of this section does not apply to an | 800 |
individual employed by a business entity under contract with a | 801 |
public employer to provide personal services to the employer. | 802 |
(C) A request for a determination must be made not later than | 803 |
five years after the individual begins to provide personal | 804 |
services to the employer, unless one of the following is the case: | 805 |
(1) The individual demonstrates to the board's satisfaction | 806 |
through medical records that at the time the five-year period | 807 |
ended the individual was physically or mentally incapacitated and | 808 |
unable to request a determination; | 809 |
(2) The employer has not obtained or has failed to retain the | 810 |
acknowledgement required by division (A) of this section. | 811 |
(D) On receipt of a request under division (B)(1) of this | 812 |
section, the board shall determine whether the individual is a | 813 |
public employee for the purposes of this chapter. If the board | 814 |
determines that the individual is not a public employee, for the | 815 |
purposes of this chapter the individual shall be considered an | 816 |
independent contractor with regard to the services in question. | 817 |
The board's determination is final. | 818 |
The board shall notify the individual and the employer of its | 819 |
determination. The determination shall apply to services performed | 820 |
before, on, or after the effective date of this section for the | 821 |
same employer in the same capacity. | 822 |
(E) The board may adopt rules under section 145.09 of the | 823 |
Revised Code to implement this section and sections 145.036 and | 824 |
145.037 of the Revised Code. | 825 |
Sec. 145.20. (A) Any elective official of the state of Ohio | 826 |
or of any political subdivision thereof having employees in the | 827 |
public employees retirement system shall be considered as an | 828 |
employee of the state or such political subdivision, and may | 829 |
become a member of the system upon application to the public | 830 |
employees retirement board, with all the rights, privileges, and | 831 |
obligations of membership. An elective official who becomes a | 832 |
member of the system on or after | 833 |
834 | |
835 | |
145.19 of the Revised Code not later than one hundred eighty days | 836 |
after applying for membership in the system. The election is | 837 |
effective as of the date the official applies for membership and | 838 |
is irrevocable on receipt by the system. If a form evidencing an | 839 |
election is not received by the system not later than the last day | 840 |
of the one-hundred-eighty-day period, the official is deemed to | 841 |
have elected to participate in the PERS defined benefit plan. | 842 |
(B) | 843 |
844 | |
845 |
| 846 |
847 | |
848 |
( | 849 |
850 |
| 851 |
that membership is established, except service as an elective | 852 |
official that was subject to the tax on wages imposed by the | 853 |
"Federal Insurance Contributions Act," 68A Stat. 415 (1954), 26 | 854 |
U.S.C.A. 3101, as amended, may be secured by the elective official | 855 |
provided the elective official does all of the following: | 856 |
(1) Pays into the employees' savings fund an amount | 857 |
858 | |
859 | |
860 | |
861 | |
862 | |
specified by the board that is equal to one hundred per cent of | 863 |
the additional liability resulting from the purchase of that year | 864 |
or portion of a year of credit as determined by an actuary | 865 |
employed by the board; | 866 |
(2) Completes one and one-half years of contributing | 867 |
membership in the public employees retirement system subsequent to | 868 |
the date membership was established; | 869 |
(3) Participates in the PERS defined benefit plan or a PERS | 870 |
defined contribution plan with definitely determinable benefits. | 871 |
A member may choose to purchase in any one payment only part | 872 |
of the credit the member is eligible to purchase, subject to board | 873 |
rules. The public employees retirement board shall determine the | 874 |
amount and manner of payment. In the event of death or withdrawal | 875 |
from service, the payment into the employees' savings fund for | 876 |
such service credit shall be considered as accumulated | 877 |
contributions of the member. | 878 |
Sec. 145.201. (A) Subject to the limit described in division | 879 |
(C) of this section, any member who is or has been an elected | 880 |
official of the state or any political subdivision thereof or has | 881 |
been appointed by the governor with the advice and consent of the | 882 |
senate to serve full-time as a member of a board, commission, or | 883 |
other public body may at any time prior to retirement purchase | 884 |
additional service credit in an amount not to exceed thirty-five | 885 |
per cent of the service credit allowed the member for the period | 886 |
of service as an elected or appointed official subsequent to | 887 |
January 1, 1935, other than credit for military service, part-time | 888 |
service, and service subject to the tax on wages imposed by the | 889 |
"Federal Insurance Contributions Act," 68A Stat. 415 (1954), 26 | 890 |
U.S.C.A. 3101, as amended. | 891 |
| 892 |
purchased | 893 |
the employees' savings fund an amount | 894 |
895 | |
896 | |
897 | |
898 | |
899 | |
900 | |
901 | |
902 | |
903 | |
904 | |
retirement board that is equal to one hundred per cent of the | 905 |
additional liability resulting from the purchase of that year or | 906 |
portion of a year of credit as determined by an actuary employed | 907 |
by the board. The member shall receive full credit for such | 908 |
additional elective service in computing an allowance or benefit | 909 |
under section | 910 |
145.361, or 145.46 of the Revised Code, notwithstanding any other | 911 |
provision of this chapter. The payment to the employees' savings | 912 |
fund, and payments made to the employers' accumulation fund prior | 913 |
to the effective date of this amendment, for such additional | 914 |
elective service credit shall, in the event of death or withdrawal | 915 |
from service, be considered as accumulated contributions of the | 916 |
member. | 917 |
A member of a board, commission, or other public body shall | 918 |
be considered to be serving full-time if full-time service is | 919 |
required by law or if the director of administrative services | 920 |
determines that the duties of the position require full-time | 921 |
service. | 922 |
(B) Notwithstanding division (A) of this section, a member | 923 |
who purchased service credit under this section prior to January | 924 |
1, 1980, on the basis of part-time service shall be permitted to | 925 |
retain the credit and shall be given full credit for it in | 926 |
computing an allowance or benefit under section | 927 |
145.331, 145.332, 145.34, 145.36, 145.361, or 145.46 of the | 928 |
Revised Code. The public employees retirement board has no | 929 |
authority to cancel or rescind such credit. | 930 |
(C) A purchase made under this section shall not exceed the | 931 |
limits established by division (n) of section 415 of the "Internal | 932 |
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415(n), as | 933 |
amended. | 934 |
(D) Subject to rules adopted by the public employees | 935 |
retirement board, a member who has purchased service credit under | 936 |
this section is entitled to be refunded all or a portion of the | 937 |
actual amount the member paid for the service credit if, in | 938 |
computing an age and service retirement allowance under | 939 |
940 | |
exceeds the limit established by | 941 |
A refund under this division cancels the equivalent amount of | 942 |
service credit. | 943 |
Sec. 145.22. (A) The public employees retirement board shall | 944 |
have prepared annually by or under the supervision of an actuary | 945 |
an actuarial valuation of the pension assets, liabilities, and | 946 |
funding requirements of the public employees retirement system as | 947 |
established pursuant to this chapter. The actuary shall complete | 948 |
the valuation in accordance with actuarial standards of practice | 949 |
promulgated by the actuarial standards board of the American | 950 |
academy of actuaries and prepare a report of the valuation. The | 951 |
report shall include all of the following: | 952 |
(1) A summary of the benefit provisions evaluated; | 953 |
(2) A summary of the census data and financial information | 954 |
used in the valuation; | 955 |
(3) A description of the actuarial assumptions, actuarial | 956 |
cost method, and asset valuation method used in the valuation, | 957 |
including a statement of the assumed rate of payroll growth and | 958 |
assumed rate of growth or decline in the number of members | 959 |
contributing to the retirement system; | 960 |
(4) A summary of findings that includes a statement of the | 961 |
actuarial accrued pension liabilities and unfunded actuarial | 962 |
accrued pension liabilities; | 963 |
(5) A schedule showing the effect of any changes in the | 964 |
benefit provisions, actuarial assumptions, or cost methods since | 965 |
the last annual actuarial valuation; | 966 |
(6) A statement of whether contributions to the retirement | 967 |
system are expected to be sufficient to satisfy the funding | 968 |
objectives established by the board. | 969 |
The board shall submit the report to the Ohio retirement | 970 |
study council and the standing committees of the house of | 971 |
representatives and the senate with primary responsibility for | 972 |
retirement legislation not later than the first day of September | 973 |
following the year for which the valuation was made. | 974 |
(B) At such time as the public employees retirement board | 975 |
determines, and at least once in each five-year period, the board | 976 |
shall have prepared by or under the supervision of an actuary an | 977 |
actuarial investigation of the mortality, service, and other | 978 |
experience of the members, retirants, contributors, and | 979 |
beneficiaries of the system to update the actuarial assumptions | 980 |
used in the actuarial valuation required by division (A) of this | 981 |
section. The actuary shall prepare a report of the actuarial | 982 |
investigation. The report shall be prepared and any recommended | 983 |
changes in actuarial assumptions shall be made in accordance with | 984 |
the actuarial standards of practice promulgated by the actuarial | 985 |
standards board of the American academy of actuaries. The report | 986 |
shall include all of the following: | 987 |
(1) A summary of relevant decrement and economic assumption | 988 |
experience observed over the period of the investigation; | 989 |
(2) Recommended changes in actuarial assumptions to be used | 990 |
in subsequent actuarial valuations required by division (A) of | 991 |
this section; | 992 |
(3) A measurement of the financial effect of the recommended | 993 |
changes in actuarial assumptions. | 994 |
The board shall submit the report to the Ohio retirement | 995 |
study council and the standing committees of the house of | 996 |
representatives and the senate with primary responsibility for | 997 |
retirement legislation not later than the first day of November | 998 |
following the last fiscal year of the period the report covers. | 999 |
(C) The board may at any time request the actuary to make any | 1000 |
studies or actuarial valuations to determine the adequacy of the | 1001 |
contribution rate determined under section 145.48 of the Revised | 1002 |
Code, and those rates may be adjusted by the board, as recommended | 1003 |
by the actuary, effective as of the first of any year thereafter. | 1004 |
(D) The board shall have prepared by or under the supervision | 1005 |
of an actuary an actuarial analysis of any introduced legislation | 1006 |
expected to have a measurable financial impact on the retirement | 1007 |
system. The actuarial analysis shall be completed in accordance | 1008 |
with the actuarial standards of practice promulgated by the | 1009 |
actuarial standards board of the American academy of actuaries. | 1010 |
The actuary shall prepare a report of the actuarial analysis, | 1011 |
which shall include all of the following: | 1012 |
(1) A summary of the statutory changes that are being | 1013 |
evaluated; | 1014 |
(2) A description of or reference to the actuarial | 1015 |
assumptions and actuarial cost method used in the report; | 1016 |
(3) A description of the participant group or groups included | 1017 |
in the report; | 1018 |
(4) A statement of the financial impact of the legislation, | 1019 |
including the resulting increase, if any, in the employer normal | 1020 |
cost percentage; the increase, if any, in actuarial accrued | 1021 |
liabilities; and the per cent of payroll that would be required to | 1022 |
amortize the increase in actuarial accrued liabilities as a level | 1023 |
per cent of covered payroll for all active members over a period | 1024 |
not to exceed thirty years; | 1025 |
(5) A statement of whether the scheduled contributions to the | 1026 |
system after the proposed change is enacted are expected to be | 1027 |
sufficient to satisfy the funding objectives established by the | 1028 |
board. | 1029 |
Not later than sixty days from the date of introduction of | 1030 |
the legislation, the board shall submit a copy of the actuarial | 1031 |
analysis to the legislative service commission, the standing | 1032 |
committees of the house of representatives and the senate with | 1033 |
primary responsibility for retirement legislation, and the Ohio | 1034 |
retirement study council. | 1035 |
(E) The board shall have prepared annually a report giving a | 1036 |
full accounting of the revenues and costs relating to the | 1037 |
provision of benefits under sections | 1038 |
145.584 of the Revised Code. The report shall be made as of | 1039 |
December 31, 1997, and the thirty-first day of December of each | 1040 |
year thereafter. The report shall include the following: | 1041 |
(1) A description of the statutory authority for the benefits | 1042 |
provided; | 1043 |
(2) A summary of the benefits; | 1044 |
(3) A summary of the eligibility requirements for the | 1045 |
benefits; | 1046 |
(4) A statement of the number of participants eligible for | 1047 |
the benefits; | 1048 |
(5) A description of the accounting, asset valuation, and | 1049 |
funding method used to provide the benefits; | 1050 |
(6) A statement of the net assets available for the provision | 1051 |
of the benefits as of the last day of the fiscal year; | 1052 |
(7) A statement of any changes in the net assets available | 1053 |
for the provision of benefits, including participant and employer | 1054 |
contributions, net investment income, administrative expenses, and | 1055 |
benefits provided to participants, as of the last day of the | 1056 |
fiscal year; | 1057 |
(8) For the last six consecutive fiscal years, a schedule of | 1058 |
the net assets available for the benefits, the annual cost of | 1059 |
benefits, administrative expenses incurred, and annual employer | 1060 |
contributions allocated for the provision of benefits; | 1061 |
(9) A description of any significant changes that affect the | 1062 |
comparability of the report required under this division; | 1063 |
(10) A statement of the amount paid under division (C) of | 1064 |
section 145.58 of the Revised Code. | 1065 |
The board shall submit the report to the Ohio retirement | 1066 |
study council and the standing committees of the house of | 1067 |
representatives and the senate with primary responsibility for | 1068 |
retirement legislation not later than the thirtieth day of June | 1069 |
following the year for which the report was made. | 1070 |
Sec. 145.28. (A)(1) Except as provided in division (A)(2) of | 1071 |
this section, a member of the public employees retirement system | 1072 |
with at least eighteen months of contributing service in the | 1073 |
system, the state teachers retirement system, or the school | 1074 |
employees retirement system who exempted self from membership in | 1075 |
one or more of the systems pursuant to section 145.03 or 3309.23 | 1076 |
of the Revised Code, or former section 3307.25 or 3309.25 of the | 1077 |
Revised Code, or was exempt under section 3307.24 of the Revised | 1078 |
Code, may purchase credit for each year or portion of a year of | 1079 |
service for which the member was exempted. | 1080 |
(2) A member may not purchase credit under this section for | 1081 |
exempted service if the service was exempted from contribution | 1082 |
under section 145.03 of the Revised Code and subject to the tax on | 1083 |
wages imposed by the "Federal Insurance Contributions Act," 68A | 1084 |
Stat. 415 (1954), 26 U.S.C.A. 3101, as amended. | 1085 |
(B) | 1086 |
1087 | |
1088 | |
1089 | |
1090 | |
1091 | |
1092 |
| 1093 |
1094 | |
1095 | |
1096 | |
1097 | |
1098 |
| 1099 |
accordance with section 145.29 of the Revised Code. | 1100 |
(C) Credit purchasable under this section shall not exceed | 1101 |
one year of service for any twelve-month period. If the period of | 1102 |
service for which credit is purchasable under this section is | 1103 |
concurrent with a period of service that will be used to calculate | 1104 |
a retirement benefit from this system, the state teachers | 1105 |
retirement system, or school employees retirement system, the | 1106 |
amount of the credit shall be adjusted in accordance with rules | 1107 |
adopted by the public employees retirement board. | 1108 |
A member who is also a member of the state teachers | 1109 |
retirement system or the school employees retirement system shall | 1110 |
purchase credit for any service for which the member exempted self | 1111 |
under section 145.03 or 3309.23 of the Revised Code, or former | 1112 |
section 3307.25 or 3309.25 of the Revised Code, or was exempt | 1113 |
under section 3307.24 of the Revised Code, from the retirement | 1114 |
system in which the member has the greatest number of years of | 1115 |
service credit. If the member receives benefits under section | 1116 |
145.37 of the Revised Code, the retirement system that determines | 1117 |
and pays the benefit shall receive from the other system or | 1118 |
systems the amounts paid by the member for purchase of credit for | 1119 |
exempt service plus interest at the actuarial assumption rate of | 1120 |
the system paying that amount. The interest shall be for the | 1121 |
period beginning on the date of the member's last payment for | 1122 |
purchase of the credit and ending on the date of the member's | 1123 |
retirement. | 1124 |
| 1125 |
1126 | |
1127 |
| 1128 |
this section. | 1129 |
Sec. 145.29. (A) A member of the public employees retirement | 1130 |
system who elects to purchase or otherwise obtain service credit | 1131 |
under section 145.28, 145.291, 145.292, 145.293, or 145.299 or | 1132 |
division (C) of section 145.47 of the Revised Code shall do both | 1133 |
of the following: | 1134 |
(1) Submit an application to the public employees retirement | 1135 |
board in a manner or form approved by the board; | 1136 |
(2) For each year, or portion of a year, of credit purchased | 1137 |
or otherwise obtained, pay to the employees' savings fund an | 1138 |
amount specified by the board that is equal to one hundred per | 1139 |
cent of the additional liability resulting from the purchase or | 1140 |
obtainment of that year or portion of a year of credit as | 1141 |
determined by an actuary employed by the board. | 1142 |
(B) Subject to board rules, a member may choose to purchase | 1143 |
or otherwise obtain only part of any eligible service credit in | 1144 |
any one payment. | 1145 |
Sec. 145.291. Any member of the public employees retirement | 1146 |
system who subsequent to January 1, 1935, and the date membership | 1147 |
was established was off the payroll either on a leave of absence | 1148 |
approved by the then appointing authority or because the member | 1149 |
resigned due to pregnancy or adoption of a child | 1150 |
1151 | |
1152 | |
1153 | |
1154 | |
1155 | |
1156 | |
of absence or resignation, provided that subsequent to such leave | 1157 |
of absence or resignation the member returned to regular | 1158 |
contributing status in the retirement system for at least twelve | 1159 |
calendar months. In the case of resignation, the member must | 1160 |
submit evidence satisfactory to the retirement board documenting | 1161 |
that the resignation was due to pregnancy or adoption of a child. | 1162 |
| 1163 |
1164 | |
1165 | |
1166 | |
accordance with section 145.29 of the Revised Code, except that | 1167 |
service credit purchased under this section shall not exceed one | 1168 |
year. | 1169 |
1170 | |
1171 | |
1172 |
| 1173 |
1174 | |
1175 | |
1176 | |
1177 | |
1178 | |
1179 | |
1180 | |
1181 | |
1182 | |
1183 | |
1184 | |
1185 | |
1186 | |
1187 | |
1188 | |
1189 | |
1190 | |
service between January 1, 1935, and the date of becoming a member | 1191 |
of the public employees retirement system except a part-time | 1192 |
employee who claimed exemption under the provisions of section | 1193 |
145.03 of the Revised Code, may be | 1194 |
employee for service rendered an employer | 1195 |
1196 | |
1197 | |
1198 | |
1199 | |
1200 | |
1201 | |
1202 | |
1203 | |
1204 | |
1205 | |
1206 | |
1207 | |
Credit shall be purchased under this section in accordance with | 1208 |
section 145.29 of the Revised Code. | 1209 |
Sec. 145.293. (A) Service credit may be purchased under this | 1210 |
section | 1211 |
1212 |
(1) Service rendered in another state, and service in any | 1213 |
entity operated by the United States government, that, if served | 1214 |
in a comparable position in Ohio, would be covered by the public | 1215 |
employees retirement system, Ohio police and fire pension fund, | 1216 |
state teachers retirement system, school employees retirement | 1217 |
system, or state highway patrol retirement system; | 1218 |
(2) Service for which contributions were made by the member | 1219 |
or on the member's behalf to a municipal retirement system in this | 1220 |
state, except that if the conditions specified in section 145.2910 | 1221 |
of the Revised Code are met, service credit for this service may | 1222 |
be purchased only in accordance with section 145.2911 of the | 1223 |
Revised Code. | 1224 |
The number of years purchased under this section shall not | 1225 |
exceed the lesser of five years or the member's total accumulated | 1226 |
number of years of Ohio service. | 1227 |
(B) | 1228 |
1229 | |
1230 | |
1231 | |
1232 | |
1233 | |
1234 | |
1235 | |
1236 | |
1237 | |
shall be purchased under this section in accordance with section | 1238 |
145.29 of the Revised Code. | 1239 |
(C) A member is ineligible to purchase under this section | 1240 |
credit for service | 1241 |
former section 145.44 of the Revised Code or service that is used | 1242 |
in the calculation of any retirement benefit currently being paid | 1243 |
or payable in the future to the member under any other retirement | 1244 |
program except social security. At the time the credit is | 1245 |
purchased the member shall certify on a form furnished by the | 1246 |
retirement board that the member does and will conform to this | 1247 |
requirement. | 1248 |
(D) Credit purchased under this section may be combined | 1249 |
pursuant to section 145.37 with credit purchased under sections | 1250 |
3307.74 and 3309.31 of the Revised Code, except that not more than | 1251 |
an aggregate total of five years' service credit purchased under | 1252 |
this section and sections 3307.74 and 3309.31 of the Revised Code | 1253 |
shall be used in determining retirement eligibility or calculating | 1254 |
benefits under section 145.37 of the Revised Code. | 1255 |
Sec. 145.294. (A)(1) The public employees retirement board | 1256 |
may establish by rule a payroll deduction plan for payment of the | 1257 |
cost of restoring service credit under section 145.31 or 145.311 | 1258 |
of the Revised Code or purchasing any service credit members of | 1259 |
the public employees retirement system are eligible to purchase | 1260 |
under this chapter, or for making additional deposits under | 1261 |
section 145.583 or 145.62 of the Revised Code. In addition to any | 1262 |
other matter considered relevant by the board, the rules shall | 1263 |
specify all of the following: | 1264 |
| 1265 |
through payroll deduction, including the section of the Revised | 1266 |
Code that authorizes the purchase of each type of service credit | 1267 |
for which payment may be made by payroll deduction; | 1268 |
| 1269 |
the system that the member wishes to purchase service credit under | 1270 |
this chapter or make additional deposits under section 145.583 or | 1271 |
145.62 of the Revised Code through payroll deduction; | 1272 |
| 1273 |
employers to determine for each request the amount to be deducted, | 1274 |
the number of deductions to be made, and the interval at which | 1275 |
deductions will be made. The rules may provide for a minimum | 1276 |
amount for each deduction or a maximum number of deductions for | 1277 |
the purchase of any type of credit. | 1278 |
| 1279 |
transmitting amounts deducted from the salaries of their employees | 1280 |
to the system; | 1281 |
| 1282 |
crediting service credit to members who choose to purchase it | 1283 |
through payroll deduction. | 1284 |
| 1285 |
under this | 1286 |
employer for each member for whom deductions are to be made, the | 1287 |
amount of each deduction and the payrolls from which deductions | 1288 |
are to be made. The employer shall make the deductions as | 1289 |
certified and transmit the amounts deducted in accordance with the | 1290 |
rules established by the board under this section. | 1291 |
| 1292 |
affect any right to purchase service credit conferred by any other | 1293 |
section of the Revised Code, including the right of a member under | 1294 |
any such section to purchase only part of the service credit the | 1295 |
member is eligible to purchase. | 1296 |
| 1297 |
division may exceed the amount of a member's net compensation | 1298 |
after all other deductions and withholdings required by law. | 1299 |
(B) The public employees retirement board may establish by | 1300 |
rule a payment plan for the cost of restoring service credit under | 1301 |
section 145.31 or 145.311 of the Revised Code or purchasing any | 1302 |
service credit members of the public employees retirement system | 1303 |
may purchase under this chapter. The plan may provide for partial | 1304 |
payments and for payments by payroll deduction under division (A) | 1305 |
of this section. | 1306 |
On receipt of a request from a member eligible to restore or | 1307 |
purchase service credit, the system shall determine and give | 1308 |
notice to the member of the total cost of the credit and the time | 1309 |
period in which the payments must be made for the credit to be | 1310 |
available at that cost. The system may specify the amount and | 1311 |
frequency of payments for credit not purchased in a single | 1312 |
payment. | 1313 |
Sec. 145.295. (A) As used in this section and section | 1314 |
145.2913 of the Revised Code: | 1315 |
(1) "Uniform retirement system" or "uniform system" means the | 1316 |
Ohio police and fire pension fund or state highway patrol | 1317 |
retirement system. | 1318 |
(2) "Military service credit" means credit purchased or | 1319 |
obtained under this chapter or Chapter 742. or 5505. of the | 1320 |
Revised Code for service in the armed forces of the United States. | 1321 |
(B) A member of the public employees retirement system who | 1322 |
has contributions on deposit with, but is no longer contributing | 1323 |
to, a uniform retirement system shall, in computing years of | 1324 |
service, be given full credit for service credit earned under | 1325 |
Chapter 742. or 5505. of the Revised Code or for military service | 1326 |
credit if a transfer to the public employees retirement system is | 1327 |
made under this division. At the request of the member | 1328 |
transfer shall be made if all of the following conditions are met: | 1329 |
(1) The member is eligible, or with the credit will be | 1330 |
eligible, for a retirement or disability benefit. | 1331 |
(2) The member agrees to retire or accept a disability | 1332 |
benefit not later than ninety days after receiving notice from the | 1333 |
public employees retirement system that the credit has been | 1334 |
obtained; | 1335 |
(3) For each year of service the uniform system | 1336 |
1337 | |
1338 |
| 1339 |
contributions to the uniform system making the transfer and any | 1340 |
payments by the member for military service credit; | 1341 |
| 1342 |
contributions to the uniform system or the amount that would have | 1343 |
been contributed by the employer for the service had the member | 1344 |
been employed by the member's current employer as a member of the | 1345 |
public employees retirement system at the time the credit was | 1346 |
earned; | 1347 |
| 1348 |
this section, on the amounts specified in divisions (B) | 1349 |
and | 1350 |
year for which the service credit in the uniform system was earned | 1351 |
or in which the military service credit was purchased or obtained | 1352 |
to the date the transfer is made. | 1353 |
(C) A member of the public employees retirement system who | 1354 |
has at least eighteen months of contributing service credit with | 1355 |
the public employees retirement system, who is a former member of | 1356 |
a uniform retirement system, and who has received a refund of the | 1357 |
member's accumulated contributions to that uniform system
| 1358 |
1359 | |
service credit earned under Chapter 742. or 5505. of the Revised | 1360 |
Code or for military service credit if | 1361 |
conditions are met: | 1362 |
(1) The member is eligible, or with the credit will be | 1363 |
eligible, for a retirement or disability benefit. | 1364 |
(2) The member agrees to retire or accept a disability | 1365 |
benefit not later than ninety days after receiving notice from the | 1366 |
public employees retirement system that the credit has been | 1367 |
obtained. | 1368 |
(3) For each year of service, the public employees retirement | 1369 |
system receives the sum of the following: | 1370 |
| 1371 |
the amount refunded by the uniform system to the member for that | 1372 |
year for accumulated contributions and payments for military | 1373 |
service credit, with interest at a rate established by the public | 1374 |
employees retirement board on that amount from the date of the | 1375 |
refund to the date of the payment; | 1376 |
| 1377 |
system, on the amount refunded to the member that is attributable | 1378 |
to the year of service from the last day of the year for which the | 1379 |
service credit was earned or in which payment was made for | 1380 |
military service credit to the date the refund was made; | 1381 |
| 1382 |
system, equal to the lesser of the employer's contributions to the | 1383 |
uniform system or the amount that would have been contributed by | 1384 |
the employer for the service had the member been employed by the | 1385 |
member's current employer as a member of the public employees | 1386 |
retirement system at the time the credit was earned, with interest | 1387 |
on that amount from the last day of the year for which the service | 1388 |
credit was earned or in which payment was made for military | 1389 |
service credit to the date of the transfer. | 1390 |
On receipt of payment from the member, the public employees | 1391 |
retirement system shall notify the uniform system, which, on | 1392 |
receipt of the notice, shall make the transfer required by this | 1393 |
division. Interest shall be determined as provided in division (H) | 1394 |
of this section. | 1395 |
(D) A member of the public employees retirement system who | 1396 |
purchased credit under former division (A)(1) of this section, as | 1397 |
it existed before August 25, 1995, for service as a member of a | 1398 |
uniform retirement system may elect to have the amount the member | 1399 |
paid for this service credit refunded to the member under this | 1400 |
division if the member agrees to repurchase this service credit | 1401 |
pursuant to division (C) of this section. | 1402 |
(E) Service credit purchased or otherwise obtained under this | 1403 |
section shall be considered the equivalent of Ohio service credit, | 1404 |
except that it shall not be used in determining eligibility for | 1405 |
any benefit provided under section 145.58 of the Revised Code. | 1406 |
The public employees retirement system shall withdraw the | 1407 |
credit and refund all amounts paid or transferred under this | 1408 |
section if either of the following occurs: | 1409 |
(1) The member fails to retire or accept a disability benefit | 1410 |
not later than ninety days after receiving notice from the public | 1411 |
employees retirement system that credit has been obtained. | 1412 |
(2) The member's application for a disability benefit is | 1413 |
denied. | 1414 |
A member may choose to purchase only part of the credit the | 1415 |
member is eligible to purchase under division (C) of this section | 1416 |
1417 | |
retirement board. A member is ineligible to purchase or otherwise | 1418 |
obtain credit under this section for service to be used in | 1419 |
calculation of any retirement benefit currently being paid or | 1420 |
payable to the member in the future under any other retirement | 1421 |
program or for service credit that may be transferred under | 1422 |
section 145.2913 of the Revised Code. | 1423 |
(F) If a member of the public employees retirement system who | 1424 |
is not a current contributor elects to receive credit under | 1425 |
section 742.21 or 5505.40 of the Revised Code for service for | 1426 |
which the member contributed to the system or made payment for | 1427 |
military service credit, the system shall transfer to the Ohio | 1428 |
police and fire pension fund or the state highway patrol | 1429 |
retirement system, as applicable, the amount specified in division | 1430 |
(D) of section 742.21 or division (B)(2) of section 5505.40 of the | 1431 |
Revised Code. | 1432 |
(G) A member of the public employees retirement system who | 1433 |
earned service credit in the public employees retirement system | 1434 |
for full-time service as a township or municipal police officer | 1435 |
and received service credit in the Ohio police and fire pension | 1436 |
fund under section 742.511 or 742.512 of the Revised Code for such | 1437 |
service may elect to have the credit restored as public employees | 1438 |
retirement system service credit by paying the public employees | 1439 |
retirement system an amount equal to the accumulated contributions | 1440 |
paid by the member to the Ohio police and fire pension fund under | 1441 |
section 742.511 or 742.512 of the Revised Code. When such an | 1442 |
election is made, the Ohio police and fire pension fund shall | 1443 |
transfer to the public employees retirement system the amount | 1444 |
previously transferred under section 742.511 or 742.512 of the | 1445 |
Revised Code from the public employees retirement system to the | 1446 |
Ohio police and fire pension fund. | 1447 |
(H) Interest charged under this section shall be calculated | 1448 |
separately for each year of service credit. Unless otherwise | 1449 |
specified in this section, it shall be calculated at the lesser of | 1450 |
the actuarial assumption rate for that year of the public | 1451 |
employees retirement system or of the uniform retirement system in | 1452 |
which the credit was earned. The interest shall be compounded | 1453 |
annually. | 1454 |
(I) At the request of the public employees retirement system, | 1455 |
the uniform retirement system shall certify to the public | 1456 |
employees retirement system a copy of the records of the service | 1457 |
and contributions of a public employees retirement system member | 1458 |
who seeks service credit under this section. | 1459 |
Sec. 145.297. (A) As used in this section, "employing unit" | 1460 |
means: | 1461 |
(1) A municipal corporation, agency of a municipal | 1462 |
corporation designated by the legislative authority, park | 1463 |
district, conservancy district, sanitary district, health | 1464 |
district, township, department of a township designated by the | 1465 |
board of township trustees, metropolitan housing authority, public | 1466 |
library, county law library, union cemetery, joint hospital, or | 1467 |
other political subdivision or unit of local government. | 1468 |
(2) With respect to state employees, any entity of the state | 1469 |
including any department, agency, institution of higher education, | 1470 |
board, bureau, commission, council, office, or administrative body | 1471 |
or any part of such entity that is designated by the entity as an | 1472 |
employing unit. | 1473 |
(3)(a) With respect to employees of a board of alcohol, drug | 1474 |
addiction, and mental health services, that board. | 1475 |
(b) With respect to employees of a county board of | 1476 |
developmental disabilities, that board. | 1477 |
(c) With respect to other county employees, the county or any | 1478 |
county agency designated by the board of county commissioners. | 1479 |
(4) In the case of an employee whose employing unit is in | 1480 |
question, the employing unit is the unit through whose payroll the | 1481 |
employee is paid. | 1482 |
(B) An employing unit may establish a retirement incentive | 1483 |
plan for its eligible employees. In the case of a county or county | 1484 |
agency, decisions on whether to establish a retirement incentive | 1485 |
plan for any employees other than employees of a board of alcohol, | 1486 |
drug addiction, and mental health services or county board of | 1487 |
developmental disabilities and on the terms of the plan shall be | 1488 |
made by the board of county commissioners. In the case of a | 1489 |
municipal corporation or an agency of a municipal corporation, | 1490 |
decisions on whether to establish a retirement incentive plan and | 1491 |
on the terms of the plan shall be made by the legislative | 1492 |
authority. | 1493 |
All terms of a retirement incentive plan shall be in writing. | 1494 |
A retirement incentive plan shall provide for purchase by the | 1495 |
employing unit of service credit for eligible employees who elect | 1496 |
to participate in the plan and for payment by the employing unit | 1497 |
of the entire cost of the service credit purchased. | 1498 |
Every retirement incentive plan shall remain in effect for at | 1499 |
least one year. The employing unit shall give employees at least | 1500 |
thirty days' notice before terminating the plan. | 1501 |
Every retirement incentive plan shall include provisions for | 1502 |
the timely and impartial resolution of grievances and disputes | 1503 |
arising under the plan. | 1504 |
No employing unit shall have more than one retirement | 1505 |
incentive plan in effect at any time. | 1506 |
(C) Any classified or unclassified employee of the employing | 1507 |
unit who is a member of the public employees retirement system | 1508 |
shall be eligible to participate in the retirement incentive plan | 1509 |
established by the employee's employing unit if the employee meets | 1510 |
the following criteria: | 1511 |
(1) The employee is not any of the following: | 1512 |
(a) An elected official; | 1513 |
(b) A member of a board or commission; | 1514 |
(c) A person elected to serve a term of fixed length; | 1515 |
(d) A person appointed to serve a term of fixed length, other | 1516 |
than a person appointed and employed by the person's employing | 1517 |
unit. | 1518 |
(2) The employee is or will be eligible to retire under | 1519 |
section | 1520 |
1521 | |
termination of the retirement incentive plan. Service credit to be | 1522 |
purchased for the employee under the retirement incentive plan | 1523 |
shall be included in making such determination. | 1524 |
(3) The employee agrees to retire under section | 1525 |
145.33, 145.34, or 145.37 | 1526 |
the Revised Code within ninety days after receiving notice from | 1527 |
the public employees retirement system that service credit has | 1528 |
been purchased for the employee under this section. | 1529 |
Participation in the plan shall be available to all eligible | 1530 |
employees except that the employing unit may limit the number of | 1531 |
participants in the plan to a specified percentage of its | 1532 |
employees who are members of the public employees retirement | 1533 |
system on the date the plan goes into effect. The percentage shall | 1534 |
not be less than five per cent of such employees. If participation | 1535 |
is limited, employees with more total service credit have the | 1536 |
right to elect to participate before employees with less total | 1537 |
service credit. In the case of employees with the same total | 1538 |
service credit, employees with a greater length of service with | 1539 |
the employing unit have the right to elect to participate before | 1540 |
employees with less service with the employing unit. Employees | 1541 |
with less than eighteen months of service with the employing unit | 1542 |
have the right to elect to participate only after all other | 1543 |
eligible employees have been given the opportunity to elect to | 1544 |
participate. For the purpose of determining which employees may | 1545 |
participate in a plan, total service credit includes service | 1546 |
credit purchased by the employee under this chapter after the date | 1547 |
on which the plan is established. | 1548 |
A retirement incentive plan that limits participation may | 1549 |
provide that an employee who does not notify the employing unit of | 1550 |
the employee's decision to participate in the plan within a | 1551 |
specified period of time will lose priority to participate in the | 1552 |
plan ahead of other employees with less seniority. The time given | 1553 |
to an employee to elect to participate ahead of other employees | 1554 |
shall not be less than thirty days after the employee receives | 1555 |
written notice that the employee may participate in the plan. | 1556 |
(D) A retirement incentive plan shall provide for purchase of | 1557 |
the same amount of service credit for each participating employee, | 1558 |
except that the employer may not purchase more service credit for | 1559 |
any employee than the lesser of the following: | 1560 |
(1) Five years of service credit; | 1561 |
(2) An amount of service credit equal to one-fifth of the | 1562 |
total service credited to the participant under this chapter, | 1563 |
exclusive of service credit purchased under this section. | 1564 |
For each year of service credit purchased under this section, | 1565 |
the employing unit shall pay an amount equal to the additional | 1566 |
liability resulting from the purchase of that year of service | 1567 |
credit, as determined by an actuary employed by the public | 1568 |
employees retirement board. | 1569 |
(E) Upon the election by an eligible employee to participate | 1570 |
in the retirement incentive plan, the employee and the employing | 1571 |
unit shall agree upon a date for payment or contracting for | 1572 |
payment in installments to the public employees retirement system | 1573 |
of the cost of the service credit to be purchased. The employing | 1574 |
unit shall submit to the public employees retirement system a | 1575 |
written request for a determination of the cost of the service | 1576 |
credit, and within forty-five days after receiving the request, | 1577 |
the board shall give the employing unit written notice of the | 1578 |
cost. | 1579 |
The employing unit shall pay or contract to pay in | 1580 |
installments the cost of the service credit to be purchased to the | 1581 |
public employees retirement system on the date agreed to by the | 1582 |
employee and the employing unit. The payment shall be made in | 1583 |
accordance with rules adopted by the public employees retirement | 1584 |
board. The rules may provide for payment in installments and for | 1585 |
crediting the purchased credit to the employee's account upon the | 1586 |
employer's contracting to pay the cost in installments. The board | 1587 |
shall notify the member when the member is credited with service | 1588 |
purchased under this section. If the employee does not retire | 1589 |
within ninety days after receiving notice that the employee has | 1590 |
been credited with the purchased service credit, the system shall | 1591 |
refund to the employing unit the amount paid for the service | 1592 |
credit. | 1593 |
No payment made to the public employees retirement system | 1594 |
under this section shall affect any payment required by section | 1595 |
145.48 of the Revised Code. | 1596 |
(F) For the purpose of determining whether the cost of a | 1597 |
retirement incentive plan established by a county or county agency | 1598 |
under this section is an allowable cost for the purpose of federal | 1599 |
funding for any year, the cost shall be considered abnormal or | 1600 |
mass severance pay only if fifteen per cent or more of the county | 1601 |
or county agency's employees participate in the plan in that year. | 1602 |
Nothing in this division shall relieve a county or county | 1603 |
agency from seeking federal approval for any early retirement | 1604 |
incentive plan that uses federal dollars in accordance with | 1605 |
federal law. | 1606 |
Sec. 145.298. (A) As used in this section: | 1607 |
(1) "State employing unit" means an employing unit described | 1608 |
in division (A)(2) of section 145.297 of the Revised Code, except | 1609 |
that it does not mean an employing unit with fifty or fewer | 1610 |
employees. | 1611 |
(2) "State institution" means a state correctional facility, | 1612 |
a state institution for the mentally ill, or a state institution | 1613 |
for the care, treatment, and training of the mentally retarded. | 1614 |
(B)(1) Prior to | 1615 |
2009, in the event of a proposal to close a state institution or | 1616 |
lay off, within a six-month period, a number of persons employed | 1617 |
at an institution that equals or exceeds the lesser of fifty or | 1618 |
ten per cent of the persons employed at the institution, the | 1619 |
employing unit responsible for the institution's operation shall | 1620 |
establish a retirement incentive plan for persons employed at the | 1621 |
institution. | 1622 |
(2) On and after | 1623 |
17, 2009, in the event of a proposal to close a state institution | 1624 |
or lay off, within a six-month period, a number of persons | 1625 |
employed at an institution that equals or exceeds the lesser of | 1626 |
three hundred fifty or forty per cent of the persons employed at | 1627 |
the institution, the employing unit responsible for the | 1628 |
institution's operation shall establish a retirement incentive | 1629 |
plan for persons employed at the institution. | 1630 |
(C)(1) Prior to | 1631 |
2009, in the event of a proposal, other than the proposals | 1632 |
described in division (B) of this section, to lay off, within a | 1633 |
six-month period, a number of employees of a state employing unit | 1634 |
that equals or exceeds the lesser of fifty or ten per cent of the | 1635 |
employing unit's employees, the employing unit shall establish a | 1636 |
retirement incentive plan for employees of the employing unit. | 1637 |
(2) On and after | 1638 |
17, 2009, in the event of a proposal, other than the proposals | 1639 |
described in division (B) of this section, to lay off, within a | 1640 |
six-month period, a number of employees of a state employing unit | 1641 |
that equals or exceeds the lesser of three hundred fifty or forty | 1642 |
per cent of the employing unit's employees, the employing unit | 1643 |
shall establish a retirement incentive plan for employees of the | 1644 |
employing unit. | 1645 |
(D)(1) A retirement incentive plan established under this | 1646 |
section shall be consistent with the requirements of section | 1647 |
145.297 of the Revised Code, except | 1648 |
1649 | |
the time the layoffs or proposed closings are announced and shall | 1650 |
remain in effect until the date of the layoffs or closings. | 1651 |
(2) | 1652 |
1653 | |
1654 | |
1655 | |
1656 |
| 1657 |
1658 | |
1659 | |
1660 |
| 1661 |
1662 | |
1663 |
| 1664 |
plan in effect, the plan shall remain in effect at least until the | 1665 |
date of the layoffs or closings. The employing unit may revise the | 1666 |
existing plan to provide greater benefits, but if it revises the | 1667 |
plan, it shall give written notice of the changes to all employees | 1668 |
who have elected to participate in the original plan, and it shall | 1669 |
provide the greater benefits to all employees who participate in | 1670 |
the plan, whether their elections to participate were made before | 1671 |
or after the date of the revision. | 1672 |
Sec. 145.299. (A) As used in this section, "school board | 1673 |
member" means a member of a city, local, exempted village, or | 1674 |
joint vocational school district board of education and "governing | 1675 |
board member" means a member of an educational service center | 1676 |
governing board. | 1677 |
(B) A member of the public employees retirement system may | 1678 |
purchase credit for service as a school board member if all of the | 1679 |
following conditions are met: | 1680 |
(1) The member is eligible to retire under this chapter or | 1681 |
will become eligible to retire as a result of purchasing the | 1682 |
credit. | 1683 |
(2) The member agrees to retire within ninety days after | 1684 |
receiving notice of the additional liability under | 1685 |
1686 |
(3) The retirement system receives certification of the | 1687 |
member's service and compensation as a school board or governing | 1688 |
board member from the board of education or governing board of the | 1689 |
district or educational service center in which the member served | 1690 |
or, if that district or educational service center no longer | 1691 |
exists, the board or governing board that controls the territory, | 1692 |
or the largest part of the territory, of the district or | 1693 |
educational service center in which the member served. | 1694 |
(C) Credit shall be purchased under this section in | 1695 |
accordance with section 145.29 of the Revised Code, except that | 1696 |
payment for the credit or portion of credit shall be paid in full | 1697 |
at the time of purchase. | 1698 |
(D) The retirement system shall calculate the amount of | 1699 |
credit the member is eligible to purchase by dividing the | 1700 |
compensation received pursuant to section 3313.12 of the Revised | 1701 |
Code for each month served as a school board or governing board | 1702 |
member by the amount of compensation that, for the same month, the | 1703 |
retirement system considered equivalent to full-time service. | 1704 |
(E) Credit may be purchased for service as a school board or | 1705 |
governing board member, other than service subject to the tax on | 1706 |
wages imposed by the "Federal Insurance Contributions Act," 68A | 1707 |
Stat. 415 (1954), 26 U.S.C.A. 3101, as amended, between January 1, | 1708 |
1935, and the first day of January of the year in which the credit | 1709 |
is purchased. A member may purchase not more than one-twelfth of a | 1710 |
year's credit for each month of service as a school board or | 1711 |
governing board member. | 1712 |
| 1713 |
1714 | |
1715 | |
1716 | |
1717 | |
1718 | |
1719 | |
1720 | |
1721 | |
1722 |
| 1723 |
rules in accordance with section 111.15 of the Revised Code | 1724 |
concerning the purchase of credit under this section. In addition | 1725 |
to any other matters considered relevant by the retirement board, | 1726 |
the rules shall specify the procedure to be followed by a member | 1727 |
to inform the system of the member's desire to purchase credit for | 1728 |
service as a school board or governing board member. | 1729 |
| 1730 |
purchasing credit under this section, the system shall withdraw | 1731 |
the credit and refund the amount paid by the member. | 1732 |
Sec. 145.2911. (A) If the conditions described in division | 1733 |
(B) of section 145.2910 of the Revised Code are met, a member of | 1734 |
the public employees retirement system who is not receiving a | 1735 |
pension or benefit from the public employees retirement system is | 1736 |
eligible to obtain credit for service as a member of the | 1737 |
Cincinnati retirement system under this section. | 1738 |
(B) A member of the public employees retirement system who | 1739 |
has contributions on deposit with, but is no longer contributing | 1740 |
to, the Cincinnati retirement system shall, in computing years of | 1741 |
service credit, be given credit for service credit earned under | 1742 |
the Cincinnati retirement system or purchased or obtained as | 1743 |
military service credit if | 1744 |
are met: | 1745 |
(1) The member is eligible, or with the credit will be | 1746 |
eligible, for a retirement or disability benefit. | 1747 |
(2) The member agrees to retire or accept a disability | 1748 |
benefit not later than ninety days after receiving notice from the | 1749 |
public employees retirement system that the credit has been | 1750 |
obtained. | 1751 |
(3) For each year of service, the Cincinnati retirement | 1752 |
system transfers to the public employees retirement system the sum | 1753 |
of the following: | 1754 |
| 1755 |
of military service credit, paid by the member, that is | 1756 |
attributable to the year of service; | 1757 |
| 1758 |
contributions to the Cincinnati retirement system or the amount | 1759 |
that would have been contributed by the employer for the service | 1760 |
had the member been employed by the member's current employer as a | 1761 |
member of the public employees retirement system at the time the | 1762 |
credit was earned; | 1763 |
| 1764 |
(B) | 1765 |
year for which the service credit was earned or in which payment | 1766 |
was made for military service credit to the date the transfer is | 1767 |
made. | 1768 |
(C) A member of the public employees retirement system with | 1769 |
at least eighteen months of contributing service credit with the | 1770 |
public employees retirement system who has received a refund of | 1771 |
the member's contributions to the Cincinnati retirement system | 1772 |
1773 | |
for service credit earned under the Cincinnati retirement system | 1774 |
or purchased or obtained as military service credit if | 1775 |
the following conditions are met: | 1776 |
(1) The member is eligible, or with the credit will be | 1777 |
eligible, for a retirement or disability benefit. | 1778 |
(2) The member agrees to retire or accept a disability | 1779 |
benefit not later than ninety days after receiving notice from the | 1780 |
public employees retirement system that the credit has been | 1781 |
obtained. | 1782 |
(3) For each year of service, the public employees retirement | 1783 |
system receives the sum of the following: | 1784 |
| 1785 |
following: | 1786 |
| 1787 |
system to the member for that year for contributions and payments | 1788 |
for military service, with interest at a rate established by the | 1789 |
public employees retirement board on that amount from the date of | 1790 |
the refund to the date of payment; | 1791 |
| 1792 |
when the refund was made that is attributable to the year of | 1793 |
service. | 1794 |
| 1795 |
system to the public employees retirement system, equal to the sum | 1796 |
of the following: | 1797 |
| 1798 |
attributable to the year of service from the last day of the year | 1799 |
for which the service credit was earned or in which payment was | 1800 |
made for military service credit to the date the refund was made; | 1801 |
| 1802 |
contributions to the Cincinnati retirement system or the amount | 1803 |
that would have been contributed by the employer for the service | 1804 |
had the member been employed by the member's current employer as a | 1805 |
member of the public employees retirement system at the time the | 1806 |
credit was earned, with interest on that amount from the last day | 1807 |
of the year for which the service credit was earned to the date of | 1808 |
the transfer. | 1809 |
(D) The amount transferred under division (C) | 1810 |
of this section shall not include any amount of interest the | 1811 |
Cincinnati retirement system paid to the person when it made the | 1812 |
refund. | 1813 |
(E) On receipt of payment from the member under division | 1814 |
(C) | 1815 |
system shall notify the Cincinnati retirement system. On receipt | 1816 |
of the notice, the Cincinnati retirement system shall transfer the | 1817 |
amount described in division (C) | 1818 |
(F) Interest charged under this section shall be calculated | 1819 |
separately for each year of service credit. Unless otherwise | 1820 |
specified in this section, it shall be calculated at the lesser of | 1821 |
the actuarial assumption rate for that year of the public | 1822 |
employees retirement system or the Cincinnati retirement system. | 1823 |
The interest shall be compounded annually. | 1824 |
(G) At the request of the public employees retirement system, | 1825 |
the Cincinnati retirement system shall certify to the public | 1826 |
employees retirement system a copy of the records of the service | 1827 |
and contributions of a member of the public employees retirement | 1828 |
system who seeks service credit under this section. | 1829 |
(H) Service credit purchased or otherwise obtained under this | 1830 |
section shall be considered the equivalent of Ohio service credit, | 1831 |
except that it shall not be used in determining eligibility for | 1832 |
any benefit provided under section 145.58 of the Revised Code. | 1833 |
The public employees retirement system shall withdraw the | 1834 |
credit and refund all amounts paid or transferred under this | 1835 |
section if either of the following occurs: | 1836 |
(1) The member fails to retire or accept a disability benefit | 1837 |
not later than ninety days after receiving notice from the public | 1838 |
employees retirement system that credit has been obtained under | 1839 |
this section. | 1840 |
(2) The member's application for a disability benefit is | 1841 |
denied. | 1842 |
(I) A member may choose to purchase only part of the credit | 1843 |
the member is eligible to purchase under division (C) of this | 1844 |
section | 1845 |
employees retirement board. | 1846 |
(J) A member is ineligible to purchase or otherwise obtain | 1847 |
credit under this section for the service to be used in | 1848 |
calculation of any
| 1849 |
paid or payable to the member in the future. | 1850 |
Sec. 145.2912. (A) If the conditions described in division | 1851 |
(B) of section 145.2910 of the Revised Code are met and a person | 1852 |
who is a member or former member of the public employees | 1853 |
retirement system but not a current contributor and who is not | 1854 |
receiving a pension or benefit from the public employees | 1855 |
retirement system elects to receive credit under the Cincinnati | 1856 |
retirement system for service for which the person contributed to | 1857 |
the public employees retirement system or purchased or obtained as | 1858 |
military service credit, the public employees retirement system | 1859 |
shall transfer the amounts specified in divisions | 1860 |
1861 | |
person may obtain credit if all of the following conditions are | 1862 |
met: | 1863 |
(1) The member is eligible, or with the credit will be | 1864 |
eligible, for a retirement or disability benefit. | 1865 |
(2) The member agrees to retire or accept a disability | 1866 |
benefit not later than ninety days after receiving notice from the | 1867 |
public employees retirement system that the credit has been | 1868 |
obtained. | 1869 |
| 1870 |
public employees retirement system, the public employees | 1871 |
retirement system | 1872 |
transfers to the Cincinnati retirement system the sum of the | 1873 |
following: | 1874 |
| 1875 |
public employees retirement system and payments made by the member | 1876 |
for military service credit; | 1877 |
| 1878 |
contributions to the public employees retirement system or the | 1879 |
amount that would have been contributed by the employer for the | 1880 |
service had the person been a member of the Cincinnati retirement | 1881 |
system at the time the credit was earned; | 1882 |
| 1883 |
1884 | |
from the last day of the year for which the service credit was | 1885 |
earned or in which payment was made for military service credit to | 1886 |
the date the transfer was made. | 1887 |
| 1888 |
contributions to the public employees retirement system, the | 1889 |
public employees retirement system | 1890 |
credit, | 1891 |
sum of the following: | 1892 |
| 1893 |
that is attributable to the year of service from the last day of | 1894 |
the year for which the service credit was earned or in which | 1895 |
payment was made for military service credit to the date the | 1896 |
refund was made; | 1897 |
| 1898 |
contributions to the public employees retirement system or the | 1899 |
amount that would have been contributed by the employer for the | 1900 |
service had the person been a member of the Cincinnati retirement | 1901 |
system at the time the credit was earned, with interest on that | 1902 |
amount from the last day of the year for which the service credit | 1903 |
was earned to the date of the transfer. | 1904 |
| 1905 |
of this section shall not include any amount of the employer's | 1906 |
contributions or interest on employee contributions the person | 1907 |
received under section 145.40 of the Revised Code. | 1908 |
| 1909 |
system that the Cincinnati retirement system has received payment | 1910 |
from a person described in division | 1911 |
section, the public employees retirement system shall transfer the | 1912 |
amount described in that division. | 1913 |
(D) Interest charged under this section shall be calculated | 1914 |
separately for each year of service credit. Unless otherwise | 1915 |
specified in this section, it shall be calculated at the lesser of | 1916 |
the actuarial assumption rate for that year of the public | 1917 |
employees retirement system or the Cincinnati retirement system. | 1918 |
The interest shall be compounded annually. | 1919 |
(E) The transfer of any amount under this section cancels an | 1920 |
equivalent amount of service credit. | 1921 |
(F) At the request of the Cincinnati retirement system, the | 1922 |
public employees retirement system shall certify to the Cincinnati | 1923 |
retirement system a copy of the records of the service and | 1924 |
contributions of a member or former member of the public employees | 1925 |
retirement system who elects to receive service credit under the | 1926 |
Cincinnati retirement system. | 1927 |
Sec. 145.2913. (A) As used in this section, "transferred | 1928 |
service credit" means service credit purchased or obtained under | 1929 |
section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of | 1930 |
the Revised Code prior to the date a member commenced the | 1931 |
employment covered by the public employees retirement system for | 1932 |
which the member is currently contributing to the system. | 1933 |
(B) A member of the public employees retirement system who | 1934 |
has contributions on deposit with, but is no longer contributing | 1935 |
to, a uniform retirement system shall, in computing years of | 1936 |
service, be given full credit for transferred service credit if a | 1937 |
transfer to the public employees retirement system is made under | 1938 |
this | 1939 |
be made if all of the following conditions are met: | 1940 |
(1) The member is eligible, or with the credit will be | 1941 |
eligible, for a retirement or disability benefit. | 1942 |
(2) The member agrees to retire or accept a disability | 1943 |
benefit not later than ninety days after receiving notice from the | 1944 |
public employees retirement system that the credit has been | 1945 |
obtained. | 1946 |
(3) For each year of service, the uniform system | 1947 |
1948 | |
sum of the following: | 1949 |
| 1950 |
uniform system under section 742.21, 742.214, 742.375, 5505.201, | 1951 |
5505.40, or 5505.41 of the Revised Code; | 1952 |
| 1953 |
this section, on the amount specified in division (B) | 1954 |
this section for the period from the last day of the year in which | 1955 |
the transfer under section 742.21, 742.214, 742.375, 5505.201, | 1956 |
5505.40, or 5505.41 of the Revised Code was made to the date a | 1957 |
transfer is made under this section. | 1958 |
(C) A member of the public employees retirement system with | 1959 |
at least eighteen months of contributing service credit with the | 1960 |
public employees retirement system who has received a refund of | 1961 |
contributions to a uniform retirement system shall, in computing | 1962 |
years of service, be given full credit for transferred service | 1963 |
credit if | 1964 |
(1) The member is eligible, or with the credit will be | 1965 |
eligible, for a retirement or disability benefit. | 1966 |
(2) The member agrees to retire or accept a disability | 1967 |
benefit not later than ninety days after receiving notice from the | 1968 |
public employees retirement system that the credit has been | 1969 |
obtained. | 1970 |
(3) For each year of service, the public employees retirement | 1971 |
system receives the sum of the following: | 1972 |
| 1973 |
the amount refunded by the uniform system to the member for that | 1974 |
year for transferred service credit, with interest on that amount | 1975 |
from the date of the refund to the date a payment is made under | 1976 |
this section; | 1977 |
| 1978 |
system, on the amount refunded to the member for the period from | 1979 |
the last day of the year in which the transfer under section | 1980 |
742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the | 1981 |
Revised Code was made to the date the refund was made; | 1982 |
| 1983 |
amount transferred under section 742.21, 742.214, 742.375, | 1984 |
5505.201, 5505.40, or 5505.41 of the Revised Code, an amount, | 1985 |
which shall be transferred by the uniform system, equal to the | 1986 |
amount retained, with interest on that amount for the period from | 1987 |
the last day of the year in which the transfer under section | 1988 |
742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of the | 1989 |
Revised Code was made to the date a transfer is made under this | 1990 |
section. | 1991 |
On receipt of payment from the member, the public employees | 1992 |
retirement system shall notify the uniform system, which, on | 1993 |
receipt of the notice, shall make the transfer required by this | 1994 |
division. Interest shall be determined as provided in division (E) | 1995 |
of this section. | 1996 |
(D) Service credit purchased or obtained under this section | 1997 |
shall be considered the equivalent of Ohio service credit, except | 1998 |
that it shall not be used in determining eligibility for any | 1999 |
benefit provided under section 145.58 of the Revised Code if the | 2000 |
transferred service credit was earned in a retirement system other | 2001 |
than the public employees retirement system. A member may choose | 2002 |
to purchase only part of the credit the member is eligible to | 2003 |
purchase under division (C) of this section | 2004 |
subject to rules adopted by the public employees retirement board. | 2005 |
A member is ineligible to purchase or obtain service credit under | 2006 |
this section for service to be used in the calculation of any | 2007 |
retirement benefit currently being paid or payable to the member | 2008 |
in the future under any other retirement program or for service | 2009 |
credit that may be purchased or obtained under section 145.295 of | 2010 |
the Revised Code. | 2011 |
(E) Interest charged under this section shall be calculated | 2012 |
separately for each year of service credit at the lesser of the | 2013 |
actuarial assumption rate for that year of the public employees | 2014 |
retirement system or of the uniform retirement system to which the | 2015 |
credit was transferred under section 742.21, 742.214, 742.375, | 2016 |
5505.201, 5505.40, or 5505.41 of the Revised Code. The interest | 2017 |
shall be compounded annually. | 2018 |
(F) Any amounts transferred or paid under divisions (B) and | 2019 |
(C) of this section that are attributable to contributions made by | 2020 |
the member or to amounts paid to purchase service credit shall be | 2021 |
credited to the employees' savings fund created under section | 2022 |
145.23 of the Revised Code. Any remaining amounts shall be | 2023 |
credited to one or more of the funds created under that section as | 2024 |
determined by the board. | 2025 |
(G) At the request of the public employees retirement system, | 2026 |
the uniform retirement system shall certify to the public | 2027 |
employees retirement system a copy of the records of the service | 2028 |
and contributions of a public employees retirement system member | 2029 |
who seeks service credit under this section. The uniform | 2030 |
retirement system shall specify the portions of the amounts | 2031 |
transferred that are attributable to employee contributions, | 2032 |
employer contributions, and interest. | 2033 |
(H) If a member of the public employees retirement system who | 2034 |
is not a current contributor elects to receive service credit | 2035 |
under section 742.214 or 5505.41 of the Revised Code for | 2036 |
transferred service credit, as defined in those sections, the | 2037 |
system shall transfer to the uniform retirement system, as | 2038 |
applicable, the amount specified in division (B) or (C) of section | 2039 |
742.214 or division (B) or (C) of section 5505.41 of the Revised | 2040 |
Code. | 2041 |
(I) The public employees retirement system shall withdraw the | 2042 |
credit and refund all amounts paid or transferred under this | 2043 |
section if either of the following occurs: | 2044 |
(1) The member fails to retire or accept a disability benefit | 2045 |
not later than ninety days after receiving notice from the public | 2046 |
employees retirement system that credit has been obtained under | 2047 |
this section. | 2048 |
(2) The member's application for a disability benefit is | 2049 |
denied. | 2050 |
(J) The board may adopt rules to implement this section. | 2051 |
Sec. 145.2914. (A) The public employees retirement board may | 2052 |
adopt rules in accordance with section 145.09 of the Revised Code | 2053 |
to establish a program under which service credit earned under | 2054 |
2055 | |
division (B)(1)(b) or (C)(1)(b) of section 145.332 of the Revised | 2056 |
Code is treated as service credit earned under division | 2057 |
2058 | |
Revised Code if the member makes payment to the public employees | 2059 |
retirement system in accordance with the rules. | 2060 |
(B) If the board adopts rules under division (A) of this | 2061 |
section, all of the following apply: | 2062 |
(1) For each year or portion of a year of service credit | 2063 |
earned under | 2064 |
Revised Code or division (B)(1)(b) or (C)(1)(b) of section 145.332 | 2065 |
of the Revised Code that is to be treated as service credit earned | 2066 |
under division | 2067 |
145.332 of the Revised Code, the member shall pay to the | 2068 |
retirement system an amount specified by the retirement board that | 2069 |
is not less than one hundred per cent of the additional liability | 2070 |
resulting from the purchase of that year, or portion of a year, of | 2071 |
service. | 2072 |
(2) The number of years of service credit earned under | 2073 |
2074 | |
division (B)(1)(b) or (C)(1)(b) of section 145.332 of the Revised | 2075 |
Code that may be treated as service credit earned under division | 2076 |
2077 | |
Revised Code shall not exceed five. | 2078 |
(3) Any amounts paid under this section shall be credited to | 2079 |
the employees' savings fund. | 2080 |
(4) The amounts paid by the member under this section are | 2081 |
subject to the limits established by division (n) of section 415 | 2082 |
of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. | 2083 |
415(n), as amended. | 2084 |
(C) A member may make payments authorized by this section if | 2085 |
the member is eligible to retire under this chapter or will become | 2086 |
eligible to retire as a result of the payment. The member shall | 2087 |
agree to retire not later than ninety days after receiving notice | 2088 |
of the additional liability specified under division (B)(1) of | 2089 |
this section. Payment shall be made in full for any credit earned | 2090 |
under | 2091 |
Code or division (B)(1)(b) or (C)(1)(b) of section 145.332 of the | 2092 |
Revised Code that is to be treated as service credit earned under | 2093 |
division | 2094 |
of the Revised Code, but the member may choose to make payment for | 2095 |
only part of the credit for which the member is eligible. | 2096 |
(D) If the member does not retire not later than ninety days | 2097 |
after making the payment authorized by this section, the system | 2098 |
shall refund the payment and shall not treat the credit for which | 2099 |
payment was made as service credit earned under division | 2100 |
2101 | |
Revised Code. | 2102 |
(E) The board's rules may deal with any other matter | 2103 |
necessary to implement this section. | 2104 |
Sec. 145.2915. (A) As used in this section, "workers' | 2105 |
compensation" means benefits paid under Chapter 4121. or 4123. of | 2106 |
the Revised Code. | 2107 |
(B) A member of the public employees retirement system may | 2108 |
purchase service credit under this section for any period during | 2109 |
which the member was out of service and receiving workers' | 2110 |
compensation. | 2111 |
(C) For credit purchased under this section: | 2112 |
(1) If the member is employed by one public employer, for | 2113 |
each year of credit, the member shall pay to the system for credit | 2114 |
to the employees' savings fund an amount equal to the employee | 2115 |
contribution required under section 145.47 of the Revised Code | 2116 |
that would have been paid had the member not been out of service | 2117 |
based on the salary of the member before the member was out of | 2118 |
service. To this amount shall be added an amount equal to compound | 2119 |
interest at a rate established by the public employees retirement | 2120 |
board from the first date the member was out of service to the | 2121 |
final date of payment. | 2122 |
(2) If the member is employed by more than one public | 2123 |
employer, the member is eligible to purchase credit under this | 2124 |
section and make payments under division (C)(2) of this section | 2125 |
only for the position for which the member received workers' | 2126 |
compensation. For each year of credit, the member shall pay to the | 2127 |
system for credit to the employees' savings fund an amount equal | 2128 |
to the employee contribution required under section 145.47 of the | 2129 |
Revised Code that would have been paid had the member not been out | 2130 |
of service based on the salary of the member earned for the | 2131 |
position for which the member received workers' compensation | 2132 |
before the member was out of service. To this amount shall be | 2133 |
added an amount equal to compound interest at a rate established | 2134 |
by the public employees retirement board from the first date the | 2135 |
member was out of service to the final date of payment. | 2136 |
(D) The member may choose to purchase only part of such | 2137 |
credit in any one payment, subject to board rules. | 2138 |
(E) If a member makes a payment under division (C) of this | 2139 |
section, the employer to which workers' compensation benefits are | 2140 |
attributed shall pay to the system for credit to the employers' | 2141 |
accumulation fund an amount equal to the employer contribution | 2142 |
required under section 145.48 of the Revised Code corresponding to | 2143 |
that payment that would have been paid had the member not been out | 2144 |
of service based on the salary of the member before the member was | 2145 |
out of service. | 2146 |
Compound interest at a rate established by the board from the | 2147 |
later of the member's date of re-employment or the effective date | 2148 |
of this section to the date of payment shall be added to this | 2149 |
amount if the employer pays all or any portion of the amount later | 2150 |
than the earlier of five years or a period that is three times the | 2151 |
period during which the member was out of service and receiving | 2152 |
workers' compensation beginning from the later of the member's | 2153 |
date of re-employment or the effective date of this section. | 2154 |
(F) The number of years purchased under this section shall | 2155 |
not exceed three. | 2156 |
Sec. 145.2916. (A) When a member has been elected or | 2157 |
appointed to an office, the term of which is two or more years, | 2158 |
for which an annual salary is established, and in the event that | 2159 |
the salary of the office is increased and the member is denied the | 2160 |
additional salary by reason of any constitutional provision | 2161 |
prohibiting an increase in salary during a term of office, the | 2162 |
member may elect to have the amount of the member's and employer's | 2163 |
contributions calculated upon the basis of the increased salary | 2164 |
for the office. | 2165 |
At the member's request and on notification to the public | 2166 |
employees retirement system, the public employees retirement board | 2167 |
shall compute the total additional amount the member and employer | 2168 |
would have contributed, or the amount by which each of the | 2169 |
member's and employer's contributions would have increased, had | 2170 |
the member received the increased salary for the office the member | 2171 |
holds. If the member elects to have the combined amount by which | 2172 |
the member's and employer's contribution would have increased | 2173 |
withheld from the member's salary, the member shall notify the | 2174 |
employer, and the employer shall make the withholding commensurate | 2175 |
with the period of denied salary and transmit it to the retirement | 2176 |
system. The payment of the amount by which the employer's | 2177 |
contribution would have increased shall be credited to the | 2178 |
employers' accumulation fund. | 2179 |
If the payment of the increased contributions is made in | 2180 |
accordance with this section, the increased annual salary as | 2181 |
provided by law for the office for the period for which the member | 2182 |
paid increased contributions thereon shall be used in determining | 2183 |
the member's earnable salary for the purpose of computing the | 2184 |
member's final average salary. | 2185 |
(B) If a member dies or withdraws from service, the payment | 2186 |
under division (A) of this section shall be considered as | 2187 |
accumulated contributions of the member. | 2188 |
Sec. 145.30. (A) As used in this section and section 145.301 | 2189 |
of the Revised Code: | 2190 |
(1) "Armed forces" of the United States includes the | 2191 |
following: | 2192 |
(a) Army, navy, air force, marine corps, coast guard, | 2193 |
auxiliary corps as established by congress, red cross nurse | 2194 |
serving with the army, navy, air force, or hospital service of the | 2195 |
United States, army nurse corps, navy nurse corps, full-time | 2196 |
service with the American red cross in a combat zone, and such | 2197 |
other service as may be designated by congress as included | 2198 |
therein; | 2199 |
(b) Personnel of the Ohio national guard and the reserve | 2200 |
components of any of the armed forces enumerated in division | 2201 |
(A)(1) of this section who are called to active duty pursuant to | 2202 |
an executive order issued by the president of the United States or | 2203 |
an act of congress; | 2204 |
(c) Persons on whom United States merchant marine veteran | 2205 |
status has been conferred for service aboard oceangoing merchant | 2206 |
ships in service to the United States during World War II. | 2207 |
(2) "State retirement system" means any of the following: the | 2208 |
Ohio police and fire pension fund, public employees retirement | 2209 |
system, school employees retirement system, state highway patrol | 2210 |
retirement system, or the state teachers retirement system. | 2211 |
(B) Upon reemployment in the public service and completion of | 2212 |
one year of service credit as covered by a state retirement system | 2213 |
or the Cincinnati retirement system, within two years after | 2214 |
service in the armed forces that is terminated in a manner other | 2215 |
than as described in section 4304 of Title 38 of the United States | 2216 |
Code, "Uniformed Services Employment and Reemployment Rights Act | 2217 |
of 1994," 108 Stat. 3149, 38 U.S.C.A. 4304, and presentation of | 2218 |
documentation of the service and subject to rules adopted by the | 2219 |
retirement board, any member of the public employees retirement | 2220 |
system who was a member with not less than one year of payroll | 2221 |
deductions before entering active duty with the armed forces and | 2222 |
maintained membership in the public employees retirement system as | 2223 |
provided by section 145.41 of the Revised Code, and who was or is | 2224 |
out of active service as a public employee by reason of having | 2225 |
become a member of the armed forces of the United States on active | 2226 |
duty or service shall have such service, not in excess of ten | 2227 |
years,
| 2228 |
service. Service in the armed forces as established by | 2229 |
documentation of the service, not in excess of ten years, shall | 2230 |
also be | 2231 |
who was a public employee and who has acquired service credit for | 2232 |
five years prior to, and within the one year preceding, the date | 2233 |
of entering on active duty in the armed forces of the United | 2234 |
States if such person was reemployed in the public service within | 2235 |
one year after service in the armed forces that is terminated in a | 2236 |
manner other than as described in section 4304 of Title 38 of the | 2237 |
United States Code, "Uniformed Services Employment and | 2238 |
Reemployment Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A. | 2239 |
4304, and established total service credit as defined in section | 2240 |
145.01 of the Revised Code of twenty years exclusive of credit for | 2241 |
service in the uniformed services, as defined in section 145.302 | 2242 |
of the Revised Code. This division shall not serve to cancel any | 2243 |
military service credit earned or granted prior to November 1, | 2244 |
1965. | 2245 |
(C) A member of the public employees retirement system is | 2246 |
ineligible to receive service credit under this section for any | 2247 |
year of military service credit used in the calculation of any | 2248 |
retirement benefit currently being paid to the member or payable | 2249 |
in the future under any other retirement program, except social | 2250 |
security, or used to obtain service credit pursuant to section | 2251 |
145.301 or 145.302 of the Revised Code. At the time such credit is | 2252 |
requested, the member shall certify on a form supplied by the | 2253 |
retirement board that the member does and will conform to this | 2254 |
requirement. This division does not cancel any military service | 2255 |
credit earned prior to March 15, 1979. | 2256 |
Sec. 145.32. (A)(1)(a) A member | 2257 |
2258 | |
eligible for age and service retirement under this division if, | 2259 |
not later than ten years after the effective date of this | 2260 |
amendment, the member meets one of the following requirements: | 2261 |
(i) Has five or more years of total service credit | 2262 |
and has attained age sixty; | 2263 |
(ii) Has twenty-five or more years of total service credit | 2264 |
and has attained | 2265 |
(iii) Has thirty or more years of total | 2266 |
2267 |
(b) A member who on the effective date of this amendment has | 2268 |
twenty or more years of total service credit is eligible for age | 2269 |
and service retirement under this division if the member meets one | 2270 |
of the requirements of division (A)(1)(a) of this section, | 2271 |
regardless of when the member meets the requirement. | 2272 |
(c) Service credit purchased or obtained under this chapter | 2273 |
shall be used in determining whether a member has the number of | 2274 |
years of total service credit required under division (A)(1)(a) of | 2275 |
this section only if the purchase or obtainment is completed not | 2276 |
later than ten years after the effective date of this amendment. | 2277 |
(2) A member who is not eligible for age and service | 2278 |
retirement under division (A)(1) of this section, or who became a | 2279 |
member on or after the effective date of this amendment, is | 2280 |
eligible under this division if the member meets one of the | 2281 |
following requirements: | 2282 |
(a) Has five years or more of total service credit and has | 2283 |
attained age sixty-two; | 2284 |
(b) Has twenty-five years or more of total service credit and | 2285 |
has attained age fifty-seven; | 2286 |
(c) Has thirty-two years or more of total service credit and | 2287 |
has attained age fifty-five. | 2288 |
(B) A member seeking to retire shall file with the
| 2289 |
2290 |
| 2291 |
day of the month immediately following the later of: | 2292 |
| 2293 |
| 2294 |
eligibility provided under this section; | 2295 |
(3) Ninety days prior to receipt by the board of the member's | 2296 |
completed application for retirement. | 2297 |
An employer may, except as otherwise provided in the "Age | 2298 |
Discrimination in Employment Act of 1967," as amended, 81 Stat. | 2299 |
602, 29 U.S.C. 621 to 634, as of the thirtieth day of June of any | 2300 |
year, terminate the employment of any member who has attained the | 2301 |
age of seventy years. A member may at the time of | 2302 |
by written designation duly executed and filed with the public | 2303 |
employees retirement board designate a beneficiary to receive any | 2304 |
installment which may remain unpaid at the time of | 2305 |
Except as provided in section 145.46 of the Revised Code, after | 2306 |
the date of | 2307 |
the member elects to receive | 2308 |
computed as provided in section 145.46 of the Revised Code as | 2309 |
"plan A," "plan C," or "plan D." | 2310 |
Sec. 145.323. (A)
| 2311 |
section, the public employees retirement board shall annually | 2312 |
increase each allowance, pension, or benefit payable under this | 2313 |
chapter
| 2314 |
2315 | |
2316 | |
2317 |
Until the last day of December of the fifth full calendar | 2318 |
year after the effective date of this amendment, the increase | 2319 |
shall be three per cent. For each succeeding calendar year, the | 2320 |
increase shall be as follows: | 2321 |
(1) For each allowance, pension, or benefit granted not later | 2322 |
than the effective date of this amendment, three per cent, except | 2323 |
that no allowance, pension, or benefit shall exceed the limit | 2324 |
established by section 415 of the "Internal Revenue Code of 1986," | 2325 |
100 Stat. 2085, 26 U.S.C. 415, as amended; | 2326 |
(2) For each allowance, pension, or benefit granted on or | 2327 |
after the effective date of this amendment, the percentage | 2328 |
increase in the consumer price index, not exceeding three per | 2329 |
cent, as determined by the United States bureau of labor | 2330 |
statistics (U.S. city average for urban wage earners and clerical | 2331 |
workers: "all items 1982-84=100") for the twelve-month period | 2332 |
ending on the thirtieth day of June of the immediately preceding | 2333 |
calendar year. If the consumer price index for that period did not | 2334 |
increase, no increase shall be made under division (A)(2) of this | 2335 |
section. No allowance, pension, or benefit shall exceed the limit | 2336 |
established by section 415 of the "Internal Revenue Code of 1986," | 2337 |
100 Stat. 2085, 26 U.S.C. 415, as amended. | 2338 |
The first increase is payable to all persons becoming | 2339 |
eligible after June 30, 1971, upon such persons receiving an | 2340 |
allowance for twelve months. The increased amount is payable for | 2341 |
the ensuing twelve-month period or until the next increase is | 2342 |
granted under this section, whichever is later. Subsequent | 2343 |
increases shall be determined from the date of the first increase | 2344 |
paid to the former member in the case of an allowance being paid a | 2345 |
beneficiary under an option, or from the date of the first | 2346 |
increase to the survivor first receiving an allowance or benefit | 2347 |
in the case of an allowance or benefit being paid to the | 2348 |
subsequent survivors of the former member. | 2349 |
The date of the first increase under this section becomes the | 2350 |
anniversary date for any future increases. | 2351 |
The allowance or benefit used in the first calculation of an | 2352 |
increase under this section shall remain as the base for all | 2353 |
future increases, unless a new base is established. | 2354 |
(B) If payment of a portion of a benefit is made to an | 2355 |
alternate payee under section 145.571 of the Revised Code, | 2356 |
increases under this section granted while the order is in effect | 2357 |
shall be apportioned between the alternate payee and the benefit | 2358 |
recipient in the same proportion that the amount being paid to the | 2359 |
alternate payee bears to the amount paid to the benefit recipient. | 2360 |
If payment of a portion of a benefit is made to one or more | 2361 |
beneficiaries under "plan F" under division (B)(3)(e) of section | 2362 |
145.46 of the Revised Code, each increase under this section | 2363 |
granted while the plan of payment is in effect shall be divided | 2364 |
among the designated beneficiaries in accordance with the portion | 2365 |
each beneficiary has been allocated. | 2366 |
(C) The board shall make all rules necessary to carry out | 2367 |
this section. | 2368 |
Sec. 145.33. (A)(1) Except as provided in | 2369 |
2370 | |
2371 | |
2372 | |
2373 | |
and service retirement | 2374 |
145.32 of the Revised Code shall | 2375 |
allowance consisting of all of the following: | 2376 |
| 2377 |
member's accumulated contributions at that time; | 2378 |
| 2379 |
(A)(1)(a) of this section, excluding amounts of the member's | 2380 |
accumulated contributions deposited under former division (Y) of | 2381 |
section 145.01 or former sections 145.02, 145.29, 145.292, and | 2382 |
145.42, or sections 145.20, 145.201, 145.28, 145.291, 145.292, | 2383 |
145.293, 145.299, 145.2916, 145.301, 145.47, and 145.814 of the | 2384 |
Revised Code for the purchase of service credit; | 2385 |
| 2386 |
prior military service, equal to forty dollars multiplied by the | 2387 |
number of years, and fraction thereof, of such prior | 2388 |
service credit; | 2389 |
| 2390 |
dollars if the member has ten or more years of total service | 2391 |
credit as of October 1, 1956, except that the basic annual pension | 2392 |
shall not exceed the sum of the annual benefits provided by | 2393 |
divisions (A)(1)(a), | 2394 |
| 2395 |
retirement under division (A)(2) of section 145.32 of the Revised | 2396 |
Code shall receive a retirement allowance consisting of all of the | 2397 |
following: | 2398 |
(a) An annuity having a reserve equal to the amount of the | 2399 |
member's accumulated contributions at that time; | 2400 |
(b) A pension equal to the annuity under division (A)(2)(a) | 2401 |
of this section, excluding amounts of the member's accumulated | 2402 |
contributions deposited under former division (Y) of section | 2403 |
145.01 or former sections 145.02, 145.29, 145.292, and 145.42, or | 2404 |
sections 145.20, 145.201, 145.28, 145.291, 145.292, 145.293, | 2405 |
145.299, 145.2916, 145.301, 145.47, and 145.814 of the Revised | 2406 |
Code for the purchase of service credit; | 2407 |
(c) An additional pension, if the member can qualify for | 2408 |
prior military service, equal to forty dollars multiplied by the | 2409 |
number of years, and fraction thereof, of such prior military | 2410 |
service credit. | 2411 |
(B)(1) When a member retires on age and service retirement, | 2412 |
the member's total annual single lifetime allowance, including the | 2413 |
allowances provided in divisions (A)(1) | 2414 |
this section, shall be not less than a base amount adjusted in | 2415 |
accordance with division | 2416 |
determined by multiplying the member's total service credit by | 2417 |
2418 |
(a) | 2419 |
| 2420 |
retirement under division (A)(1) of section 145.32 of the Revised | 2421 |
Code, two and two-tenths per cent of the member's final average | 2422 |
salary for each of the first thirty years of service plus two and | 2423 |
one-half per cent of the member's final average salary for each | 2424 |
subsequent year of service | 2425 |
| 2426 |
retirement under division (A)(2) of section 145.32 of the Revised | 2427 |
Code, two and two-tenths per cent of the member's final average | 2428 |
salary for each of the first thirty-five years of service plus two | 2429 |
and one-half per cent of the member's final average salary for | 2430 |
each subsequent year of service. | 2431 |
(2)(a) For a member for whom eligibility to retire under | 2432 |
division (A)(1) of section 145.32 of the Revised Code occurs not | 2433 |
later than five years after the effective date of this amendment, | 2434 |
the allowance shall be adjusted by the factors of attained age or | 2435 |
years of service to provide the greater amount as determined by | 2436 |
the following schedule: | 2437 |
Years of | Percentage | 2438 | ||||
Attained | or | Total Service | of | 2439 | ||
Birthday | Credit | Base Amount | 2440 |
58 | 25 | 75 | 2441 | |||
59 | 26 | 80 | 2442 | |||
60 | 27 | 85 | 2443 | |||
61 | 88 | 2444 | ||||
28 | 90 | 2445 | ||||
62 | 91 | 2446 | ||||
63 | 94 | 2447 | ||||
29 | 95 | 2448 | ||||
64 | 97 | 2449 | ||||
65 | 30 or more | 100 | 2450 |
| 2451 |
retire under division (A)(1) of section 145.32 of the Revised Code | 2452 |
occurs after the date determined under division (B)(2)(a) of this | 2453 |
section who has not either attained age sixty-five or earned | 2454 |
thirty years of total service credit, the allowance determined | 2455 |
under division (B)(1) of this section shall be adjusted to be the | 2456 |
actuarial equivalent of the member's retirement allowance had the | 2457 |
member retired at age sixty-five or with thirty years of total | 2458 |
service credit. | 2459 |
(3) For a member eligible to retire under division (A)(1) of | 2460 |
section 145.32 of the Revised Code, the right to a benefit shall | 2461 |
vest in accordance with the following schedule, based on the | 2462 |
member's attained age by September 1, 1976: | 2463 |
Percentage | 2464 | ||||
Attained | of | 2465 | |||
Birthday | Base Amount | 2466 | |||
66 | 102 | 2467 | |||
67 | 104 | 2468 | |||
68 | 106 | 2469 | |||
69 | 108 | 2470 | |||
70 or more | 110 | 2471 |
| 2472 |
of section 145.32 of the Revised Code who has not either attained | 2473 |
age sixty-seven or attained age fifty-five and earned thirty-two | 2474 |
years of total service credit, the allowance determined under | 2475 |
division (B)(1) of this section shall be adjusted to be the | 2476 |
actuarial equivalent of the member's retirement allowance had the | 2477 |
member retired at age sixty-seven or age fifty-five with | 2478 |
thirty-two years of total service credit. | 2479 |
(C) The total annual single lifetime allowance that a member | 2480 |
shall receive under | 2481 |
exceed the lesser of one hundred per cent of the member's final | 2482 |
average salary or the limit established by section 415 of the | 2483 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, | 2484 |
as amended. | 2485 |
| 2486 |
2487 | |
2488 | |
2489 | |
2490 | |
2491 | |
2492 |
| 2493 |
2494 | |
2495 |
| 2496 |
2497 | |
2498 |
| 2499 |
2500 | |
2501 | |
2502 | |
2503 |
| 2504 |
2505 |
| 2506 |
| 2507 |
| 2508 |
2509 | |
2510 | |
2511 | |
2512 | |
2513 | |
2514 |
| 2515 |
2516 | |
2517 | |
2518 | |
2519 | |
2520 | |
2521 | |
2522 | |
2523 | |
2524 | |
2525 | |
2526 |
| 2527 |
2528 | |
2529 | |
2530 | |
2531 | |
2532 | |
2533 | |
2534 | |
2535 |
2536 |
2537 | |||||
2538 | |||||
2539 | |||||
2540 | |||||
2541 | |||||
2542 | |||||
2543 | |||||
2544 |
| 2545 |
2546 | |
2547 | |
2548 |
| 2549 |
2550 | |
2551 | |
2552 |
| 2553 |
2554 | |
2555 | |
2556 | |
2557 | |
2558 | |
2559 |
| 2560 |
2561 | |
2562 | |
2563 | |
2564 |
| 2565 |
2566 | |
2567 |
| 2568 |
2569 | |
2570 | |
2571 | |
2572 |
| 2573 |
2574 | |
2575 | |
2576 | |
2577 | |
2578 | |
2579 | |
2580 | |
2581 |
| 2582 |
2583 | |
2584 | |
2585 | |
2586 | |
2587 | |
2588 | |
2589 | |
2590 | |
2591 | |
2592 | |
2593 |
| 2594 |
2595 | |
2596 | |
2597 | |
2598 | |
2599 | |
2600 |
| 2601 |
2602 | |
2603 | |
2604 | |
2605 | |
2606 |
| 2607 |
2608 | |
2609 |
| 2610 |
2611 |
| 2612 |
2613 | |
2614 |
| 2615 |
2616 |
| 2617 |
2618 | |
2619 | |
2620 | |
2621 | |
2622 | |
2623 | |
2624 | |
2625 | |
2626 |
| 2627 |
2628 |
| 2629 |
2630 | |
2631 |
| 2632 |
2633 |
| 2634 |
2635 | |
2636 |
| 2637 |
2638 |
| 2639 |
2640 | |
2641 |
| 2642 |
2643 | |
2644 |
| 2645 |
2646 | |
2647 |
| 2648 |
2649 | |
2650 | |
2651 | |
2652 | |
2653 | |
2654 | |
2655 |
| 2656 |
shall be paid as provided in section 145.46 of the Revised Code. | 2657 |
| 2658 |
2659 | |
2660 | |
2661 |
Sec. 145.331. (A) A recipient of a disability allowance | 2662 |
under section 145.361 of the Revised Code who is subject to | 2663 |
division (C)(3) of that section may make application for age and | 2664 |
service retirement under this section. Retirement shall be | 2665 |
effective on the first day of the first month following the last | 2666 |
day for which the disability allowance is paid. | 2667 |
(B) The annual allowance payable under this section shall | 2668 |
consist of the sum of the amounts determined under divisions | 2669 |
(B)(1) and (2) of this section: | 2670 |
(1) The greater of the following: | 2671 |
(a) An allowance calculated as provided in section 145.33, | 2672 |
145.332, or 145.34 of the Revised Code, excluding any period | 2673 |
during which the applicant received a disability benefit under | 2674 |
section 145.361 of the Revised Code; | 2675 |
(b) An allowance calculated by multiplying the applicant's | 2676 |
total service credit, including service credit for the last | 2677 |
continuous period during which the applicant received a disability | 2678 |
benefit under section 145.361 of the Revised Code, by two and | 2679 |
two-tenths per cent of the applicant's final average salary, | 2680 |
except that the allowance shall not exceed forty-five per cent of | 2681 |
the applicant's final average salary. | 2682 |
(2) An amount equal to the additional allowance the recipient | 2683 |
would receive under section 145.323 of the Revised Code, plus any | 2684 |
other additional amount the recipient would receive under this | 2685 |
chapter, had the recipient retired under section 145.33, 145.332, | 2686 |
or 145.34 of the Revised Code effective on the effective date of | 2687 |
the recipient's most recent continuous period of receipt of a | 2688 |
disability benefit under section 145.361 of the Revised Code. | 2689 |
(C) The allowance calculated under division (B) of this | 2690 |
section, exclusive of any amount added under division (B)(2) of | 2691 |
this section based on section 145.323 of the Revised Code, shall | 2692 |
be the base for all future additional allowances under section | 2693 |
145.323 of the Revised Code. | 2694 |
The anniversary date for future additional allowances under | 2695 |
section 145.323 of the Revised Code shall be the effective date of | 2696 |
the recipient's most recent continuous period of receipt of a | 2697 |
disability benefit under section 145.361 of the Revised Code. | 2698 |
(D) The retirement allowance determined under this section | 2699 |
shall be paid as provided in section 145.46 of the Revised Code. | 2700 |
Sec. 145.332. (A) For the purposes of this section, "total | 2701 |
service credit" includes credit for military service to the extent | 2702 |
permitted by division (H) of this section and credit for service | 2703 |
as a police officer or state highway patrol trooper to the extent | 2704 |
permitted by division (I) of this section. | 2705 |
(B)(1) A member of the public employees retirement system is | 2706 |
eligible for age and service retirement under this division if, | 2707 |
not later than ten years after the effective date of this section, | 2708 |
the member meets one of the following requirements: | 2709 |
(a) Has attained age forty-eight and has at least twenty-five | 2710 |
years of total service credit as a PERS law enforcement officer; | 2711 |
(b) Has attained age fifty-two and has at least twenty-five | 2712 |
years of total service credit as a PERS public safety officer or | 2713 |
has service as a PERS public safety officer and service as a PERS | 2714 |
law enforcement officer that when combined equal at least | 2715 |
twenty-five years of total service credit; | 2716 |
(c) Has attained age sixty-two and has at least fifteen years | 2717 |
of total service credit as a PERS law enforcement officer or PERS | 2718 |
public safety officer. | 2719 |
(2) A member with at least twenty-five years of total service | 2720 |
credit who would be eligible to retire under division (B)(1)(b) of | 2721 |
this section had the member attained age fifty-two and who | 2722 |
voluntarily resigns or is discharged for any reason except death, | 2723 |
dishonesty, cowardice, intemperate habits, or conviction of a | 2724 |
felony, on or after attaining age forty-eight, but before | 2725 |
attaining age fifty-two, may elect to receive a reduced benefit. | 2726 |
(a)(i) If eligibility to make the election under division | 2727 |
(B)(2) of this section occurs not later than five years after the | 2728 |
effective date of this section, the benefit shall be calculated in | 2729 |
accordance with the following schedule: | 2730 |
Attained Age | Reduced Benefit | 2731 | |||
48 | 75% of the benefit payable under division (D) of this section | 2732 | |||
49 | 80% of the benefit payable under division (D) of this section | 2733 | |||
50 | 86% of the benefit payable under division (D) of this section | 2734 | |||
51 | 93% of the benefit payable under division (D) of this section | 2735 |
(ii) If eligibility to make the election occurs after the | 2736 |
date determined under division (B)(2)(a)(i) of this section, the | 2737 |
benefit shall be the actuarial equivalent of the allowance | 2738 |
calculated under division (D) of this section adjusted for age. | 2739 |
(b) If a member elects to receive a reduced benefit under | 2740 |
division (B)(2) of this section, the reduced benefit is payable | 2741 |
from the later of the date of the member's most recent birthday or | 2742 |
the date the member becomes eligible to receive the reduced | 2743 |
benefit. Once a member elects to receive a reduced benefit and has | 2744 |
received a payment, the member may not change that election. | 2745 |
(c) If a member who is eligible to do so has not elected to | 2746 |
receive a reduced benefit determined by the schedule in division | 2747 |
(B)(2) of this section, upon attaining age fifty-two the member | 2748 |
shall be entitled to receive a benefit computed and paid under | 2749 |
division (D) of this section. | 2750 |
(C)(1) A member who is not eligible for age and service | 2751 |
retirement under division (B) of this section is eligible under | 2752 |
this division if the member meets one of the following | 2753 |
requirements: | 2754 |
(a) Has attained age fifty and has at least twenty-five years | 2755 |
of total service credit as a PERS law enforcement officer; | 2756 |
(b) Has attained age fifty-four and has at least twenty-five | 2757 |
years of total service credit as a PERS public safety officer or | 2758 |
has service as a PERS public safety officer and service as a PERS | 2759 |
law enforcement officer that when combined equal at least | 2760 |
twenty-five years of total service credit; | 2761 |
(c) Has attained age sixty-four and has at least fifteen | 2762 |
years of total service credit as a PERS law enforcement officer or | 2763 |
PERS public safety officer. | 2764 |
(2)(a)(i) A member with at least twenty-five years of total | 2765 |
service credit who would be eligible to retire under division | 2766 |
(C)(1)(a) of this section had the member attained age fifty and | 2767 |
who voluntarily resigns or is discharged for any reason except | 2768 |
death, dishonesty, cowardice, intemperate habits, or conviction of | 2769 |
a felony, on or after attaining age forty-eight, but before | 2770 |
attaining age fifty, may elect to receive a reduced benefit. The | 2771 |
benefit shall be the actuarial equivalent of the allowance | 2772 |
calculated under division (D) of this section adjusted for age. | 2773 |
(ii) A member with at least twenty-five years of total | 2774 |
service credit who would be eligible to retire under division | 2775 |
(C)(1)(b) of this section had the member attained age fifty-four | 2776 |
and who voluntarily resigns or is discharged for any reason except | 2777 |
death, dishonesty, cowardice, intemperate habits, or conviction of | 2778 |
a felony, on or after attaining age fifty, but before attaining | 2779 |
age fifty-four, may elect to receive a reduced benefit. The | 2780 |
benefit shall be the actuarial equivalent of the allowance | 2781 |
calculated under division (D) of this section adjusted for age. | 2782 |
(b) If a member elects to receive a reduced benefit under | 2783 |
division (C)(2) of this section, the reduced benefit is payable | 2784 |
from the later of the date of the member's most recent birthday or | 2785 |
the date the member becomes eligible to receive the reduced | 2786 |
benefit. Once a member elects to receive a reduced benefit and has | 2787 |
received a payment, the member may not change that election. | 2788 |
(c) If a member who is eligible to do so has not elected to | 2789 |
receive a reduced benefit under division (C)(2) of this section, | 2790 |
upon attaining the age of eligibility under division (C)(1) of | 2791 |
this section the member shall be entitled to receive a benefit | 2792 |
computed and paid under division (D) of this section. | 2793 |
(D) A benefit paid under division (B)(1) or (C)(1) of this | 2794 |
section shall consist of an annual single lifetime allowance equal | 2795 |
to the sum of two and one-half per cent of the member's final | 2796 |
average salary multiplied by the first twenty-five years of the | 2797 |
member's total service credit plus two and one-tenth per cent of | 2798 |
the member's final average salary multiplied by the number of | 2799 |
years of the member's total service credit in excess of | 2800 |
twenty-five years. | 2801 |
(E) A member with at least fifteen years of total service | 2802 |
credit as a PERS law enforcement officer or PERS public safety | 2803 |
officer who voluntarily resigns or is discharged for any reason | 2804 |
except death, dishonesty, cowardice, intemperate habits, or | 2805 |
conviction of a felony may apply for an age and service retirement | 2806 |
benefit, which shall consist of an annual single lifetime | 2807 |
allowance equal to one and one-half per cent of the member's final | 2808 |
average salary multiplied by the number of years of the member's | 2809 |
total service credit. | 2810 |
(1) If the member will attain age fifty-two not later than | 2811 |
ten years after the effective date of this section, the retirement | 2812 |
allowance shall commence on the first day of the calendar month | 2813 |
following the month in which application is filed with the board | 2814 |
on or after the member's attainment of age fifty-two. | 2815 |
(2) If the member will not attain age fifty-two on or before | 2816 |
the date determined under division (E)(1) of this section, the | 2817 |
retirement allowance shall commence on the first day of the | 2818 |
calendar month following the month in which application is filed | 2819 |
with the board on or after the member's attainment of age | 2820 |
fifty-four. | 2821 |
(F) A benefit paid under this section shall not exceed the | 2822 |
lesser of ninety per cent of the member's final average salary or | 2823 |
the limit established by section 415 of the "Internal Revenue Code | 2824 |
of 1986," 100 Stat. 2085, 26 U.S.C. 415, as amended. | 2825 |
(G) A member with service credit as a PERS law enforcement | 2826 |
officer or PERS public safety officer and other service credit | 2827 |
under this chapter may elect one of the following: | 2828 |
(1) To have all the member's service credit under this | 2829 |
chapter, including credit for service as a PERS law enforcement | 2830 |
officer or PERS public safety officer, used in calculating a | 2831 |
retirement allowance under section 145.33 of the Revised Code if | 2832 |
the member qualifies for an allowance under that section; | 2833 |
(2) If the member qualifies for an allowance under division | 2834 |
(B)(1)(a), (C)(1)(a), or (C)(2)(a)(i) of this section, to receive | 2835 |
all of the following: | 2836 |
(a) A benefit under division (B)(1)(a), (C)(1)(a), or | 2837 |
(C)(2)(a)(i) of this section for the member's service credit as a | 2838 |
PERS law enforcement officer; | 2839 |
(b) A single life annuity having a reserve equal to the | 2840 |
amount of the member's accumulated contributions for all service | 2841 |
other than PERS law enforcement service; | 2842 |
(c) A pension equal to the annuity provided under division | 2843 |
(G)(2)(b) of this section, excluding amounts of the member's | 2844 |
accumulated contributions deposited under former division (Y) of | 2845 |
section 145.01 or former sections 145.02, 145.29, 145.292, and | 2846 |
145.42, or sections 145.20, 145.201, 145.28, 145.291, 145.292, | 2847 |
145.293, 145.299, 145.2916, 145.301, 145.47, and 145.814 of the | 2848 |
Revised Code for the purchase of service credit; | 2849 |
(3) If the member qualifies for an allowance under division | 2850 |
(B)(1)(b) or (c), (B)(2), (C)(1)(b) or (c), or (C)(2)(a)(ii) of | 2851 |
this section, to receive all of the following: | 2852 |
(a) A benefit under division (B)(1)(b) or (c), (B)(2), | 2853 |
(C)(1)(b) or (c), or (C)(2)(a)(ii) of this section for the | 2854 |
member's service credit as a PERS law enforcement officer or PERS | 2855 |
public safety officer; | 2856 |
(b) A single life annuity having a reserve equal to the | 2857 |
amount of the member's accumulated contributions for all service | 2858 |
other than PERS law enforcement service or PERS public safety | 2859 |
officer service; | 2860 |
(c) A pension equal to the annuity provided under division | 2861 |
(G)(3)(b) of this section, excluding amounts of the member's | 2862 |
accumulated contributions deposited under former division (Y) of | 2863 |
section 145.01 or former sections 145.02, 145.29, 145.292, and | 2864 |
145.42, or sections 145.20, 145.201, 145.28, 145.291, 145.292, | 2865 |
145.293, 145.299, 145.2916, 145.301, 145.47, and 145.814 of the | 2866 |
Revised Code for the purchase of service credit. | 2867 |
(H) Notwithstanding sections 145.01 and 145.30 of the Revised | 2868 |
Code, not more than four years of military service credit granted | 2869 |
under section 145.30 of the Revised Code and five years of | 2870 |
military service credit purchased under section 145.301 or 145.302 | 2871 |
of the Revised Code shall be used in calculating service as a PERS | 2872 |
law enforcement officer or PERS public safety officer or the total | 2873 |
service credit of that person. | 2874 |
(I)(1) Only credit for the member's service as a PERS law | 2875 |
enforcement officer, PERS public safety officer, or service credit | 2876 |
obtained as a police officer or state highway patrol trooper shall | 2877 |
be used in computing the benefit of a member who qualifies for a | 2878 |
benefit under this section for the following: | 2879 |
(a) Any person who originally is commissioned and employed as | 2880 |
a deputy sheriff by the sheriff of any county, or who originally | 2881 |
is elected sheriff, on or after January 1, 1975; | 2882 |
(b) Any deputy sheriff who originally is employed as a | 2883 |
criminal bailiff or court constable on or after April 16, 1993; | 2884 |
(c) Any person who originally is appointed as a township | 2885 |
constable or police officer in a township police department or | 2886 |
district on or after January 1, 1981; | 2887 |
(d) Any person who originally is employed as a county | 2888 |
narcotics agent on or after September 26, 1984; | 2889 |
(e) Any person who originally is employed as an undercover | 2890 |
drug agent as defined in section 109.79 of the Revised Code, | 2891 |
department of public safety enforcement agent who prior to June | 2892 |
30, 1999, was a liquor control investigator, park officer, forest | 2893 |
officer, wildlife officer, state watercraft officer, park district | 2894 |
police officer, conservancy district officer, veterans' home | 2895 |
police officer, special police officer for a mental health | 2896 |
institution, special police officer for an institution for the | 2897 |
developmentally disabled, or municipal police officer on or after | 2898 |
December 15, 1988; | 2899 |
(f) Any person who originally is employed as a state | 2900 |
university law enforcement officer on or after November 6, 1996; | 2901 |
(g) Any person who is originally employed as a state | 2902 |
university law enforcement officer by the university of Akron on | 2903 |
or after September 16, 1998; | 2904 |
(h) Any person who originally is employed as a preserve | 2905 |
officer on or after March 18, 1999; | 2906 |
(i) Any person who originally is employed as a natural | 2907 |
resources law enforcement staff officer on or after March 18, | 2908 |
1999; | 2909 |
(j) Any person who is originally employed as a department of | 2910 |
public safety enforcement agent on or after June 30, 1999; | 2911 |
(k) Any person who is originally employed as a house sergeant | 2912 |
at arms or assistant house sergeant at arms on or after September | 2913 |
5, 2001; | 2914 |
(l) Any person who is originally appointed as a regional | 2915 |
transit authority police officer or state highway patrol police | 2916 |
officer on or after February 1, 2002; | 2917 |
(m) Any person who is originally employed as a municipal | 2918 |
public safety director on or after September 29, 2005, but not | 2919 |
later than March 24, 2009. | 2920 |
(2) Only credit for a member's service as a PERS public | 2921 |
safety officer or service credit obtained as a PERS law | 2922 |
enforcement officer, police officer, or state highway patrol | 2923 |
trooper shall be used in computing the benefit of a member who | 2924 |
qualifies for a benefit under division (B)(1)(b) or (c), (B)(2), | 2925 |
(C)(1)(b) or (c), or (C)(2) of this section for any person who | 2926 |
originally is employed as a Hamilton county municipal court | 2927 |
bailiff on or after November 6, 1996. | 2928 |
(J) For purposes of this section, service prior to June 30, | 2929 |
1999 as a food stamp trafficking agent under former section | 2930 |
5502.14 of the Revised Code shall be considered service as a law | 2931 |
enforcement officer. | 2932 |
(K) Retirement allowances determined under this section shall | 2933 |
be paid as provided in section 145.46 of the Revised Code. | 2934 |
Sec. 145.34. | 2935 |
years after the effective date of this amendment, has | 2936 |
earned twenty-five or more years of total service credit and has | 2937 |
attained
| 2938 |
retire on a commuted age and service allowance. Upon retirement on | 2939 |
a commuted age and service allowance on or after September 30, | 2940 |
1963, a member shall be granted a retirement allowance consisting | 2941 |
of: | 2942 |
| 2943 |
member's accumulated contributions at that time; | 2944 |
| 2945 |
(A)(1)(a) of this section, excluding amounts of the member's | 2946 |
accumulated contributions deposited under former division (Y) of | 2947 |
section 145.01 or former sections 145.02, 145.29, 145.292, and | 2948 |
145.42, or sections 145.20, 145.201, 145.28, 145.291, 145.292, | 2949 |
145.293, 145.299, 145.2916, 145.301, 145.47, and 145.814 of the | 2950 |
Revised Code for the purchase of service credit; | 2951 |
| 2952 |
prior military service credit, the reserve for which, based upon | 2953 |
regular interest and the service tables approved by the board, | 2954 |
shall be the present worth of the reserve required for the payment | 2955 |
of the prior military service pension provided by section 145.33 | 2956 |
of the Revised Code, after either sixty years of age or thirty | 2957 |
years of service credit, whichever can be attained first. The | 2958 |
annual prior military service pension shall be determined by the | 2959 |
amount of such commuted reserve divided by the age and service | 2960 |
annuity rate for the attained age at retirement. | 2961 |
| 2962 |
2963 | |
hundred eighty dollars, provided the member has ten or more years | 2964 |
of total service credit as of October 1, 1956. | 2965 |
| 2966 |
(A)(1) of this section may retire under this division if the | 2967 |
member has earned twenty-five years or more of total service | 2968 |
credit and has attained age fifty-seven. A retirement allowance | 2969 |
under this division shall consist of both of the following: | 2970 |
(a) An annuity having a reserve equal to the amount of the | 2971 |
member's accumulated contributions at that time; | 2972 |
(b) A pension equal to the annuity under division (A)(2)(a) | 2973 |
of this section, excluding amounts of the member's accumulated | 2974 |
contributions deposited under former division (Y) of section | 2975 |
145.01 or former sections 145.02, 145.29, 145.292, and 145.42, or | 2976 |
sections 145.20, 145.201, 145.28, 145.291, 145.292, 145.293, | 2977 |
145.299, 145.2916, 145.301, 145.47, and 145.814 of the Revised | 2978 |
Code for the purchase of service credit. | 2979 |
(B) When a member retires on commuted age and service | 2980 |
retirement, the member's single lifetime allowance shall not be | 2981 |
less than that provided by | 2982 |
2983 | |
145.33 of the Revised Code and shall not exceed the limits | 2984 |
established by | 2985 |
A year of service for the purpose of commuted age and service | 2986 |
retirement and of applying the minimum retirement allowance as | 2987 |
provided in this section is defined as a complete year of | 2988 |
full-time employment, or the equivalent thereof. The board is the | 2989 |
final authority in determining the eligibility of an employee for | 2990 |
such form of retirement and for such minimum allowance. | 2991 |
| 2992 |
2993 | |
2994 | |
2995 | |
2996 | |
2997 |
| 2998 |
shall be paid as provided in section 145.46 of the Revised Code. | 2999 |
Sec. 145.35. (A) As used in this section, "on-duty illness | 3000 |
or injury" means an illness or injury that occurred during or | 3001 |
resulted from performance of duties under the direct supervision | 3002 |
of a | 3003 |
(B) The public employees retirement system shall provide | 3004 |
disability coverage to each member who has at least five years of | 3005 |
total service credit and disability coverage for on-duty illness | 3006 |
or injury to each member who is a PERS law enforcement officer or | 3007 |
PERS public safety officer, regardless of length of service. | 3008 |
The coverage shall extend only to illness or injury that | 3009 |
occurs before the member's contributing service terminates or, in | 3010 |
the case of illness or injury that results from contributing | 3011 |
service, becomes evident not later than two years after the date | 3012 |
the contributing service ends. The coverage shall not extend to | 3013 |
disability resulting from elective cosmetic surgery other than | 3014 |
reconstructive surgery. | 3015 |
Not later than October 16, 1992, the public employees | 3016 |
retirement board shall give each person who is a member on July | 3017 |
29, 1992, the opportunity to elect disability coverage either | 3018 |
under section 145.36 of the Revised Code or under section 145.361 | 3019 |
of the Revised Code. The board shall mail notice of the election, | 3020 |
accompanied by an explanation of the coverage under each of the | 3021 |
Revised Code sections and a form on which the election is to be | 3022 |
made, to each member at the member's last known address. The board | 3023 |
shall also provide the explanation and form to any member on | 3024 |
request. | 3025 |
Regardless of whether the member actually receives notice of | 3026 |
the right to make an election, a member who fails to file a valid | 3027 |
election under this section shall be considered to have elected | 3028 |
disability coverage under section 145.36 of the Revised Code. To | 3029 |
be valid, an election must be made on the form provided by the | 3030 |
retirement board, signed by the member, and filed with the board | 3031 |
not later than one hundred eighty days after the date the notice | 3032 |
was mailed, or, in the case of a form provided at the request of a | 3033 |
member, a date specified by rule of the retirement board. Once | 3034 |
made, an election is irrevocable, but if the member ceases to be a | 3035 |
member of the retirement system, the election is void. If a person | 3036 |
who makes an election under this section also makes an election | 3037 |
under section 3307.62 or 3309.39 of the Revised Code, the election | 3038 |
made for the system that pays a disability benefit to that person | 3039 |
shall govern the benefit. | 3040 |
Disability coverage shall be provided under section 145.361 | 3041 |
of the Revised Code for persons who become members after July 29, | 3042 |
1992, and for members who elect under this division to be covered | 3043 |
under section 145.361 of the Revised Code. | 3044 |
The retirement board may adopt rules governing elections made | 3045 |
under this division. | 3046 |
(C) Application for a disability benefit may be made by a | 3047 |
member, by a person acting in the member's behalf, or by the | 3048 |
member's employer, provided the member has disability coverage | 3049 |
under section 145.36 or 145.361 of the Revised Code and is not | 3050 |
receiving a disability benefit under any other Ohio state or | 3051 |
municipal retirement program. Application must be made within two | 3052 |
years from the date the member's contributing service under the | 3053 |
PERS defined benefit plan terminated or the date the member ceased | 3054 |
to make contributions to the PERS defined benefit plan under | 3055 |
section 145.814 of the Revised Code, unless the retirement board | 3056 |
determines that the member's medical records demonstrate | 3057 |
conclusively that at the time the two-year period expired, the | 3058 |
member was physically or mentally incapacitated for duty and | 3059 |
unable to make an application. Application may not be made by or | 3060 |
for any person receiving age and service retirement benefits under | 3061 |
section 145.33, 145.331, 145.332, 145.34, or 145.37 of the Revised | 3062 |
Code or any person who, pursuant to section 145.40 of the Revised | 3063 |
Code, has been paid the accumulated contributions standing to the | 3064 |
credit of the person's individual account in the employees' | 3065 |
savings fund. The application shall be made on a form provided by | 3066 |
the retirement board. | 3067 |
(D) The benefit payable to any member who is approved for a | 3068 |
disability benefit shall become effective on the first day of the | 3069 |
month immediately following the later of the following: | 3070 |
(1) The last day for which compensation was paid; | 3071 |
(2) The attainment of eligibility for a disability benefit. | 3072 |
(E) Medical examination of a member who has applied for a | 3073 |
disability benefit shall be conducted by a competent disinterested | 3074 |
physician or physicians selected by the board to determine whether | 3075 |
the member is mentally or physically incapacitated for the | 3076 |
performance of duty by a disabling condition either permanent or | 3077 |
presumed to be permanent. The disability must have occurred since | 3078 |
last becoming a member or have increased since last becoming a | 3079 |
member to such extent as to make the disability permanent or | 3080 |
presumed to be permanent. A disability is presumed to be permanent | 3081 |
if it is expected to last for a continuous period of not less than | 3082 |
twelve months following the filing of the application. | 3083 |
The standard used to determine whether a member is | 3084 |
incapacitated for duty is that the member is mentally or | 3085 |
physically incapable of performing the duties of the position the | 3086 |
member held at the time the disabling condition began or of a | 3087 |
position with similar duties. | 3088 |
If the physician or physicians determine that the member | 3089 |
qualifies for a disability benefit, the board concurs with the | 3090 |
determination, and the member agrees to medical treatment as | 3091 |
specified in division (F) of this section, the member shall | 3092 |
receive a disability benefit under section 145.36 or 145.361 of | 3093 |
the Revised Code. The action of the board shall be final. | 3094 |
(F) The public employees retirement board shall adopt rules | 3095 |
requiring a disability benefit recipient, as a condition of | 3096 |
continuing to receive a disability benefit, to agree in writing to | 3097 |
obtain any medical treatment recommended by the board's physician | 3098 |
and submit medical reports regarding the treatment. If the board | 3099 |
determines that a disability benefit recipient is not obtaining | 3100 |
the medical treatment or the board does not receive a required | 3101 |
medical report, the disability benefit shall be suspended until | 3102 |
the treatment is obtained, the report is received by the board, or | 3103 |
the board's physician certifies that the treatment is no longer | 3104 |
helpful or advisable. Should the recipient's failure to obtain | 3105 |
treatment or submit a medical report continue for one year, the | 3106 |
recipient's right to the disability benefit shall be terminated as | 3107 |
of the effective date of the original suspension. | 3108 |
The board shall require the recipient of a disability benefit | 3109 |
who is described in section 145.363 of the Revised Code to comply | 3110 |
with that section. | 3111 |
(G) A disability benefit that has been granted a member but | 3112 |
has not commenced shall not be paid if the member continues in or | 3113 |
returns to employment with the same employer in the same position | 3114 |
or in a position with duties similar to those of the position the | 3115 |
member held at the time the benefit was granted. | 3116 |
(H) In the event an employer files an application for a | 3117 |
disability benefit as a result of a member having been separated | 3118 |
from service because the member is considered to be mentally or | 3119 |
physically incapacitated for the performance of the member's | 3120 |
present duty, and the physician or physicians selected by the | 3121 |
board reports to the board that the member is physically and | 3122 |
mentally capable of performing service similar to that from which | 3123 |
the member was separated and the board concurs in the report, the | 3124 |
board shall so certify to the employer and the employer shall | 3125 |
restore the member to the member's previous position and salary or | 3126 |
to a similar position and salary. | 3127 |
Sec. 145.36. A member who has elected disability coverage | 3128 |
under this section, has not attained age sixty, and is determined | 3129 |
by the public employees retirement board under section 145.35 of | 3130 |
the Revised Code to qualify for a disability benefit shall be | 3131 |
retired on disability under this section. | 3132 |
Upon disability retirement, a member shall receive an annual | 3133 |
amount that shall consist of: | 3134 |
(A) An annuity having a reserve equal to the amount of the | 3135 |
retirant's accumulated contributions; | 3136 |
(B) A pension that shall be the difference between the | 3137 |
following: | 3138 |
(1) The member's annuity | 3139 |
section, excluding the portion of the pension attributable to | 3140 |
contributions deposited under former division (Y) of section | 3141 |
145.01 or former sections 145.02, 145.29, 145.292, and 145.42, or | 3142 |
sections 145.20, 145.201, 145.28, 145.291, 145.292, 145.293, | 3143 |
145.299, 145.2916, 145.301, 145.47, and 145.814 of the Revised | 3144 |
Code for the purchase of service credit; | 3145 |
(2) An annual amount determined by multiplying the total | 3146 |
service credit of the retirant, and in addition thereto the | 3147 |
projected number of years and fractions thereof between the | 3148 |
effective date of the member's disability retirement and attained | 3149 |
age sixty, assuming continuous service, by eighty-six dollars or | 3150 |
two and two-tenths per cent of the member's final average salary, | 3151 |
whichever is greater. | 3152 |
Where the recipient is not receiving a disability benefit | 3153 |
under section 145.37 of the Revised Code and is receiving a | 3154 |
disability benefit from either the state teachers retirement | 3155 |
system or the school employees retirement system, the recipient | 3156 |
shall not be eligible for service credit based upon the number of | 3157 |
years and fractions thereof between the date of disability and | 3158 |
attained age sixty as provided for in this division. | 3159 |
In no case shall disability retirement be less than thirty | 3160 |
per cent or more than seventy-five per cent of the member's final | 3161 |
average salary, except that it shall not exceed any limit to which | 3162 |
the retirement system is subject under section 415 of the | 3163 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, | 3164 |
as amended. | 3165 |
A year of service for the purpose of disability retirement is | 3166 |
a complete year of full-time employment, or the equivalent | 3167 |
thereof. The public employees retirement board is the final | 3168 |
authority in determining the eligibility of a member for | 3169 |
disability retirement. | 3170 |
Sec. 145.361. (A) A member with disability coverage under | 3171 |
this section who is determined by the public employees retirement | 3172 |
board under section 145.35 of the Revised Code to qualify for a | 3173 |
disability benefit shall receive a disability allowance under this | 3174 |
section. The allowance shall be an annual amount equal to the | 3175 |
greater of the following: | 3176 |
(1) Forty-five per cent of the member's final average salary; | 3177 |
(2) The member's total service credit multiplied by two and | 3178 |
two-tenths per cent of the member's final average salary, not | 3179 |
exceeding sixty per cent of the member's final average salary. | 3180 |
(B) Sufficient reserves for payment of the disability | 3181 |
allowance shall be transferred to the annuity and pension reserve | 3182 |
fund from the employers' contribution fund. The accumulated | 3183 |
contributions of the member shall remain in the employees' savings | 3184 |
fund. No part of the allowance paid under this section shall be | 3185 |
charged against the member's accumulated contributions. | 3186 |
(C) A disability allowance paid under this section shall | 3187 |
terminate at the earliest of the following: | 3188 |
(1) The effective date of age and service retirement under | 3189 |
sections 145.32 | 3190 |
145.37 of the Revised Code; | 3191 |
(2) The date the allowance is terminated under section | 3192 |
145.362 of the Revised Code; | 3193 |
(3) The later of the last day of the month in which the | 3194 |
recipient attains age sixty-five, or the last day of the month in | 3195 |
which the benefit period ends as follows: | 3196 |
Attained Age at | 3197 | |||||
Effective Date of | 3198 | |||||
Disability Allowance | Benefit Period | 3199 | ||||
60 or 61 | 60 months | 3200 | ||||
62 or 63 | 48 months | 3201 | ||||
64 or 65 | 36 months | 3202 | ||||
66, 67, or 68 | 24 months | 3203 | ||||
69 or older | 12 months | 3204 |
Sec. 145.362. A disability benefit recipient whose benefit | 3205 |
effective date was before the effective date of this amendment | 3206 |
shall retain membership status and shall be considered on leave of | 3207 |
absence from employment during the first five years following the | 3208 |
effective date of a disability benefit, notwithstanding any | 3209 |
contrary provisions in this chapter. | 3210 |
A disability benefit recipient whose benefit effective date | 3211 |
is on or after the effective date of this amendment shall retain | 3212 |
membership status and shall be considered on leave of absence from | 3213 |
employment during the first three years following the effective | 3214 |
date of a disability benefit, except that, if the member is | 3215 |
receiving rehabilitative services acceptable to a physician or | 3216 |
physicians selected by the board, the board may permit the | 3217 |
recipient to retain membership status and be considered on leave | 3218 |
of absence from employment for up to five years following the | 3219 |
effective date of a disability benefit. | 3220 |
The public employees retirement board shall require any | 3221 |
disability benefit recipient to undergo an annual medical | 3222 |
examination, except that the board may waive the medical | 3223 |
examination if the board's physician or physicians certify that | 3224 |
the recipient's disability is ongoing. If any disability benefit | 3225 |
recipient refuses to submit to a medical examination, the | 3226 |
recipient's disability benefit shall be suspended until withdrawal | 3227 |
of the refusal. Should the refusal continue for one year, all the | 3228 |
recipient's rights in and to the disability benefit shall be | 3229 |
terminated as of the effective date of the original suspension. | 3230 |
On completion of the examination by an examining physician or | 3231 |
physicians selected by the board, the physician or physicians | 3232 |
shall report and certify to the board whether the disability | 3233 |
benefit recipient meets the applicable standard for termination of | 3234 |
a disability benefit. If the recipient's benefit effective date is | 3235 |
before the effective date of this amendment or, if after that | 3236 |
date, the recipient has been receiving the benefit for less than | 3237 |
three years or is receiving rehabilitative services acceptable to | 3238 |
the physician or physicians and considered on leave of absence, | 3239 |
the standard for termination is that the recipient is no longer | 3240 |
physically and mentally incapable of resuming the service from | 3241 |
which the recipient was found disabled. If the recipient's benefit | 3242 |
effective date is on or after the effective date of this | 3243 |
amendment, the recipient has been receiving the benefit for three | 3244 |
years or longer, and the recipient is not receiving rehabilitative | 3245 |
services acceptable to the physician or physicians, the standard | 3246 |
for termination is that the recipient is not physically or | 3247 |
mentally incapable of performing the duties of any position that | 3248 |
meets all of the following criteria: | 3249 |
(A) Replaces not less than seventy-five per cent of the | 3250 |
member's final average salary, adjusted each year by the actual | 3251 |
average increase in the consumer price index prepared by the | 3252 |
United States bureau of labor statistics (U.S. city average for | 3253 |
urban wage earners and clerical workers: "all items | 3254 |
1982-1984=100"); | 3255 |
(B) Is reasonably to be found in the member's regional job | 3256 |
market; | 3257 |
(C) Is one that the member is qualified for by experience or | 3258 |
education. | 3259 |
If the board concurs in the report that the disability | 3260 |
benefit recipient | 3261 |
standard for termination of a disability benefit, the payment of | 3262 |
the disability benefit shall be terminated not later than three | 3263 |
months after the date of the board's concurrence or upon | 3264 |
employment as a public employee. If the leave of absence has not | 3265 |
expired, the retirement board shall certify to the disability | 3266 |
benefit recipient's last employer before being found disabled that | 3267 |
the recipient is no longer physically and mentally incapable of | 3268 |
resuming service that is the same or similar to that from which | 3269 |
the recipient was found disabled. The employer shall restore the | 3270 |
recipient to the recipient's previous position and salary or to a | 3271 |
position and salary similar thereto, unless the recipient was | 3272 |
dismissed or resigned in lieu of dismissal for dishonesty, | 3273 |
misfeasance, malfeasance, or conviction of a felony. | 3274 |
Each disability benefit recipient shall file with the board | 3275 |
an annual statement of earnings, current medical information on | 3276 |
the recipient's condition, and any other information required in | 3277 |
rules adopted by the board. The board may waive the requirement | 3278 |
that a disability benefit recipient file an annual statement of | 3279 |
earnings or current medical information if the board's physician | 3280 |
certifies that the recipient's disability is ongoing. | 3281 |
The board shall annually examine the information submitted by | 3282 |
the recipient. If a disability benefit recipient refuses to file | 3283 |
the statement or information, the disability benefit shall be | 3284 |
suspended until the statement and information are filed. If the | 3285 |
refusal continues for one year, the recipient's right to the | 3286 |
disability benefit shall be terminated as of the effective date of | 3287 |
the original suspension. | 3288 |
If a disability benefit recipient is restored to service by, | 3289 |
or elected to an elective office with, an employer covered by this | 3290 |
chapter, the recipient's disability benefit shall cease. | 3291 |
The board may terminate a disability benefit at the request | 3292 |
of the recipient. | 3293 |
If disability retirement under section 145.36 of the Revised | 3294 |
Code is terminated for any reason, the annuity and pension | 3295 |
reserves at that time in the annuity and pension reserve fund | 3296 |
shall be transferred to the employees' savings fund and the | 3297 |
employers' accumulation fund, respectively. If the total | 3298 |
disability benefit paid is less than the amount of the accumulated | 3299 |
contributions of the member transferred to the annuity and pension | 3300 |
reserve fund at the time of the member's disability retirement, | 3301 |
the difference shall be transferred from the annuity and pension | 3302 |
reserve fund to another fund as may be required. In determining | 3303 |
the amount of a member's account following the termination of | 3304 |
disability retirement for any reason, the total amount paid shall | 3305 |
be charged against the member's refundable account. | 3306 |
If a disability allowance paid under section 145.361 of the | 3307 |
Revised Code is terminated for any reason, the reserve on the | 3308 |
allowance at that time in the annuity and pension reserve fund | 3309 |
shall be transferred from that fund to the employers' accumulation | 3310 |
fund. | 3311 |
If a former disability benefit recipient again becomes a | 3312 |
contributor, other than as an other system retirant under section | 3313 |
145.38 of the Revised Code, to this system, the state teachers | 3314 |
retirement system, or the school employees retirement system, and | 3315 |
completes an additional two years of service credit, the former | 3316 |
disability benefit recipient shall be entitled to full service | 3317 |
credit for the period as a disability benefit recipient, except | 3318 |
that the service credit shall not exceed five years' credit. | 3319 |
If any employer employs any member who is receiving a | 3320 |
disability benefit, the employer shall file notice of employment | 3321 |
with the retirement board, designating the date of employment. In | 3322 |
case the notice is not filed, the total amount of the benefit paid | 3323 |
during the period of employment prior to notice shall be charged | 3324 |
to and paid by the employer. | 3325 |
Sec. 145.363. (A) A recipient of a disability benefit granted | 3326 |
under this chapter on or after the effective date of this section | 3327 |
shall apply for social security disability insurance benefit | 3328 |
payments under 42 U.S.C. 423 if the recipient meets the | 3329 |
requirements of divisions (a)(1)(A),(B), and (C) of that section. | 3330 |
The application shall be made not later than ninety days after the | 3331 |
recipient is granted a disability benefit under this chapter | 3332 |
unless the public employees retirement board determines from the | 3333 |
member's medical records that the member is physically or mentally | 3334 |
unable to make the application. The recipient shall file a copy of | 3335 |
the completed application with the public employees retirement | 3336 |
system and the system shall accept the copy as evidence of the | 3337 |
member's application. If a recipient fails without just cause to | 3338 |
apply for social security disability insurance benefit payments or | 3339 |
to file a copy of the application with the system, the disability | 3340 |
benefit under this chapter shall be suspended until application is | 3341 |
made and a copy of the application filed with the system. | 3342 |
(B) Regardless of whether the recipient's disability is | 3343 |
ongoing, a recipient of a disability benefit under this chapter | 3344 |
who also receives social security disability insurance benefit | 3345 |
payments shall file an annual statement of earnings under section | 3346 |
145.362 of the Revised Code and include a copy of the social | 3347 |
security disability insurance benefit annual reward letter that | 3348 |
specifies the amount of the social security disability insurance | 3349 |
program benefit. | 3350 |
(C) Except as provided in division (D) of this section, if | 3351 |
any year the total of a disability benefit recipient's benefit | 3352 |
under this chapter and social security disability insurance | 3353 |
benefit payments exceeds the recipient's adjusted final average | 3354 |
salary, the annual benefit under this chapter shall be reduced so | 3355 |
that the annual total equals the recipient's adjusted final | 3356 |
average salary. | 3357 |
The recipient's adjusted final average salary shall be | 3358 |
determined by annually increasing the recipient's final average | 3359 |
salary by the percentage increase in the consumer price index, not | 3360 |
exceeding three per cent, as determined by the United States | 3361 |
bureau of labor statistics (U.S. city average for urban wage | 3362 |
earners and clerical workers: "all items 1982-84=100") for the | 3363 |
twelve-month period ending on the thirtieth day of June of the | 3364 |
immediately preceding calendar year. If the consumer price index | 3365 |
for that period did not increase, no increase shall be made to the | 3366 |
recipient's adjusted final average salary for that period. No | 3367 |
adjustment to a benefit shall exceed the limit established by | 3368 |
section 415 of the "Internal Revenue Code of 1986," 100 Stat. | 3369 |
2085, 26 U.S.C. 415, as amended. | 3370 |
If a disability benefit recipient receives retroactive | 3371 |
payments of social security disability insurance benefits, the | 3372 |
system may reduce future disability benefit payments under this | 3373 |
chapter to recoup any overpayments. | 3374 |
(D) The reductions required by division (C) of this section | 3375 |
do not apply to a recipient of a disability benefit under this | 3376 |
chapter who has not less than five years of service credit for | 3377 |
periods during which the recipient had earnings from other | 3378 |
employment that was subject to the tax imposed by the "Federal | 3379 |
Insurance Contributions Act," 26 U.S.C. 3101. | 3380 |
Sec. 145.37. (A) As used in this section: | 3381 |
(1) "State retirement system" means the public employees | 3382 |
retirement system, school employees retirement system, or state | 3383 |
teachers retirement system. | 3384 |
(2) "Total service credit" means all service credit earned in | 3385 |
the state retirement systems, except credit for service subject to | 3386 |
section 145.38 of the Revised Code. Total service credit shall not | 3387 |
exceed one year of credit for any twelve-month period. | 3388 |
(3) In addition to the meaning given in division (N) of | 3389 |
section 145.01 of the Revised Code, "disability benefit" means | 3390 |
"disability benefit" as defined in sections 3307.01 and 3309.01 of | 3391 |
the Revised Code. | 3392 |
(B) To coordinate and integrate membership in the state | 3393 |
retirement systems, the following provisions apply: | 3394 |
(1) At the option of a member, total contributions and | 3395 |
service credit in all state retirement systems, including amounts | 3396 |
paid to restore service credit under sections 145.311, 3307.711, | 3397 |
and 3309.261 of the Revised Code, shall be used in determining the | 3398 |
eligibility and total retirement or disability benefit payable. | 3399 |
When total contributions and service credit are so combined, the | 3400 |
following provisions apply: | 3401 |
(a) Age and service retirement or disability benefits are | 3402 |
effective on the first day of the month immediately following the | 3403 |
later of: | 3404 |
(i) The last day for which compensation was paid; | 3405 |
(ii) The attainment of minimum age or service credit | 3406 |
eligibility for benefits provided under this section. | 3407 |
(b) In determining eligibility for a disability benefit, the | 3408 |
medical examiner's report to the retirement board of any state | 3409 |
retirement system, showing that the member's disability | 3410 |
incapacitates the member for the performance of duty, may be | 3411 |
accepted by the state retirement boards as sufficient for granting | 3412 |
a disability benefit. | 3413 |
(c) The state retirement system in which the member had the | 3414 |
greatest service credit, without adjustment, shall determine and | 3415 |
pay the total retirement or disability benefit. Where the member's | 3416 |
credit is equal in two or more state retirement systems, the | 3417 |
system having the largest total contributions of the member shall | 3418 |
determine and pay the total benefit. | 3419 |
(d) In determining the total credit to be used in calculating | 3420 |
a retirement or disability benefit, | 3421 |
3422 | |
3423 | |
one year of credit for any one "year" as defined in the law of the | 3424 |
system making the calculation. | 3425 |
(e) The state retirement system determining and paying a | 3426 |
retirement or disability benefit shall receive from the other | 3427 |
system or systems the sum of the following: | 3428 |
(i) The member's refundable account at retirement or the | 3429 |
effective date of a disability benefit | 3430 |
(ii) An amount from the employers' accumulation fund equal | 3431 |
to the member's refundable account less interest credited under | 3432 |
section 145.471, 145.472, or 3307.563 of the Revised Code, | 3433 |
excluding amounts of the member's accumulated contributions | 3434 |
deposited under former division (Y) of section 145.01 or former | 3435 |
sections 145.02, 145.29, 145.292, and 145.42, or sections 145.20, | 3436 |
145.201, 145.28, 145.291, 145.292, 145.293, 145.299, 145.2916, | 3437 |
145.301, 145.47, and 145.814 of the Revised Code for the purchase | 3438 |
of service credit. | 3439 |
If applicable, the public employees retirement system shall | 3440 |
pay to the retirement system determining and paying the benefit a | 3441 |
portion of the amount paid on behalf of the member by an employer | 3442 |
under section 145.483 of the Revised Code. The portion shall be | 3443 |
paid from the employers' accumulation fund and shall equal the | 3444 |
product obtained by multiplying by two the amount the member would | 3445 |
have contributed during the period the employer failed to deduct | 3446 |
contributions, as described in section 145.483 of the Revised | 3447 |
Code. | 3448 |
| 3449 |
retirement system making the calculation and paying the benefit | 3450 |
shall be exclusively applicable. | 3451 |
| 3452 |
annuity, and including guaranteed interest, upon the request of | 3453 |
the member, shall be transferred to the state retirement system | 3454 |
paying the benefit. The return upon such deposits shall be that | 3455 |
offered by the state retirement system making the calculation and | 3456 |
paying the benefit. | 3457 |
(2) A former member receiving a retirement or disability | 3458 |
benefit under this section, who accepts employment amenable to | 3459 |
coverage in any state retirement system that participated in the | 3460 |
former member's combined benefit, shall be subject to the | 3461 |
applicable provisions of law governing such re-employment. If a | 3462 |
former member should be paid any amount in a retirement benefit, | 3463 |
to which the former member is not entitled under the applicable | 3464 |
provisions of law governing such re-employment, such amount shall | 3465 |
be recovered by the state retirement system paying such benefit by | 3466 |
utilizing any recovery procedure available under the code | 3467 |
provisions of the state retirement system covering such | 3468 |
re-employment. | 3469 |
(C) A PERS retirant or other system retirant, as defined in | 3470 |
section 145.38 of the Revised Code, is not eligible to receive any | 3471 |
benefit under this section for service subject to section 145.38 | 3472 |
of the Revised Code. | 3473 |
Sec. 145.383. (A) As used in this section: | 3474 |
(1) "Compensation" has the same meaning as in section 3307.01 | 3475 |
or 3309.01 of the Revised Code, as appropriate. | 3476 |
(2) "PERS position" means a position for which a member of | 3477 |
the public employees retirement system is making contributions to | 3478 |
the system. | 3479 |
(3) "Other state retirement system" means the state teachers | 3480 |
retirement system or the school employees retirement system. | 3481 |
(4) "State retirement system" means the public employees | 3482 |
retirement system, state teachers retirement system, or the school | 3483 |
employees retirement system. | 3484 |
(B)(1) A member of the public employees retirement system who | 3485 |
holds two or more PERS positions may retire under section 145.32, | 3486 |
145.33, 145.331, 145.332, 145.34, 145.37, or 145.46 of the Revised | 3487 |
Code from the position for which the annual earnable salary at the | 3488 |
time of retirement is highest and continue to contribute to the | 3489 |
retirement system for the other PERS position or positions. | 3490 |
(2) A member of the public employees retirement system who | 3491 |
also holds one or more other positions covered by the other state | 3492 |
retirement systems may retire under section 145.32, 145.33, | 3493 |
145.331, 145.332, 145.34, 145.37, or 145.46 of the Revised Code | 3494 |
from the PERS position and continue contributing to the other | 3495 |
state retirement systems if the annual earnable salary for the | 3496 |
PERS position at the time of retirement is greater than annual | 3497 |
compensation for the position, or any of the positions, covered by | 3498 |
the other state retirement systems. | 3499 |
(3) A member of the public employees retirement system who | 3500 |
holds two or more PERS positions and at least one other position | 3501 |
covered by one of the other state retirement systems may retire | 3502 |
under section 145.32, 145.33, 145.331, 145.332, 145.34, 145.37, or | 3503 |
145.46 of the Revised Code from one of the PERS positions and | 3504 |
continue contributing to the public employees retirement system | 3505 |
and the other state retirement system if the annual earnable | 3506 |
salary for the PERS position from which the member is retiring is, | 3507 |
at the time of retirement, greater than the annual compensation or | 3508 |
earnable salary for any of the positions for which the member is | 3509 |
continuing to make contributions. | 3510 |
(4) A member of the public employees retirement system who | 3511 |
has retired as provided in division (B)(2) or (3) of section | 3512 |
3307.351 or division (B)(2) or (3) of section 3309.343 of the | 3513 |
Revised Code may continue to contribute to the public employees | 3514 |
retirement system for a PERS position if the member held the | 3515 |
position at the time of retirement from the other state retirement | 3516 |
system. | 3517 |
(5) A member who contributes to the public employees | 3518 |
retirement system in accordance with division (B)(1), (3), or (4) | 3519 |
of this section shall contribute in accordance with section 145.47 | 3520 |
of the Revised Code. The member's employer shall contribute as | 3521 |
provided in section 145.48 of the Revised Code. Neither the member | 3522 |
nor the member's survivors are eligible for any benefits based on | 3523 |
those contributions other than those provided under section | 3524 |
145.384, 3307.352, or 3309.344 of the Revised Code. | 3525 |
(C)(1) In determining retirement eligibility and the annual | 3526 |
retirement allowance of a member who retires as provided in | 3527 |
division (B)(1), (2), or (3) of this section, the following shall | 3528 |
be used to the date of retirement: | 3529 |
(a) The member's earnable salary and compensation for all | 3530 |
positions covered by a state retirement system; | 3531 |
(b) Total service credit in any state retirement system, | 3532 |
except that the credit shall not exceed one year of credit for any | 3533 |
period of twelve months; | 3534 |
(c) The member's accumulated contributions. | 3535 |
(2) A member who retires as provided in division (B)(1), (2), | 3536 |
or (3) of this section is a retirant for all purposes of this | 3537 |
chapter, except that the member is not subject to section 145.38 | 3538 |
of the Revised Code for a position or positions for which | 3539 |
contributions continue under those divisions or division (B)(4) of | 3540 |
this section. | 3541 |
(D) A retired member receiving a benefit under section | 3542 |
145.384 of the Revised Code based on employment subject to this | 3543 |
section is not a member of the public employees retirement system | 3544 |
and does not have any rights, privileges, or obligations of | 3545 |
membership. The retired member is a PERS retirant for purposes of | 3546 |
section 145.38 of the Revised Code. | 3547 |
(E) The public employees retirement board may adopt rules to | 3548 |
carry out this section. | 3549 |
Sec. 145.39. Whenever the limits established by section 415 | 3550 |
of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 | 3551 |
U.S.C.A. 415, as amended, are raised, the public employees | 3552 |
retirement board shall increase the amount of the pension, | 3553 |
benefit, or allowance of any person whose pension, benefit, or | 3554 |
allowance payable under section 145.323, 145.33, 145.331, 145.332, | 3555 |
145.34, 145.36, or 145.361 of the Revised Code was limited by the | 3556 |
application of section 415. The amount of the increased pension, | 3557 |
benefit, or allowance shall not exceed the lesser of the amount | 3558 |
the person would have received if the limits established by | 3559 |
section 415 had not been applied or the amount the person is | 3560 |
eligible to receive subject to the new limits established by | 3561 |
section 415. | 3562 |
Sec. 145.40. (A)(1) Subject to the provisions of section | 3563 |
145.57 of the Revised Code and except as provided in section | 3564 |
145.402 of the Revised Code and division (B) of this section, if a | 3565 |
member elects to become exempt from contribution to the public | 3566 |
employees retirement system pursuant to section 145.03 of the | 3567 |
Revised Code or ceases to be a public employee for any cause other | 3568 |
than death, retirement, receipt of a disability benefit, or | 3569 |
current employment in a position in which the member has elected | 3570 |
to participate in an alternative retirement plan under section | 3571 |
3305.05 or 3305.051 of the Revised Code, upon application the | 3572 |
public employees retirement board shall pay the member the | 3573 |
member's accumulated contributions, plus any applicable amount | 3574 |
calculated under section 145.401 of the Revised Code, provided | 3575 |
that both the following apply: | 3576 |
(a) Three months have elapsed since the member's service | 3577 |
subject to this chapter, other than service exempted from | 3578 |
contribution pursuant to section 145.03 of the Revised Code, was | 3579 |
terminated; | 3580 |
(b) The member has not returned to service subject to this | 3581 |
chapter, other than service exempted from contribution pursuant to | 3582 |
section 145.03 of the Revised Code, during that three-month | 3583 |
period. | 3584 |
The payment of such accumulated contributions shall cancel | 3585 |
the total service credit of such member in the public employees | 3586 |
retirement system. | 3587 |
(2) A member described in division (A)(1) of this section who | 3588 |
is married at the time of application for payment and is eligible | 3589 |
for age and service retirement under section 145.32, 145.33, | 3590 |
145.331, 145.332, or 145.34 of the Revised Code or would be | 3591 |
eligible for age and service retirement under any of those | 3592 |
sections but for a forfeiture ordered under division (A) or (B) of | 3593 |
section 2929.192 of the Revised Code shall submit with the | 3594 |
application a written statement by the member's spouse attesting | 3595 |
that the spouse consents to the payment of the member's | 3596 |
accumulated contributions. Consent shall be valid only if it is | 3597 |
signed and witnessed by a notary public. | 3598 |
The board may waive the requirement of consent if the spouse | 3599 |
is incapacitated or cannot be located, or for any other reason | 3600 |
specified by the board. Consent or waiver is effective only with | 3601 |
regard to the spouse who is the subject of the consent or waiver. | 3602 |
(B) This division applies to any member who is employed in a | 3603 |
position in which the member has made an election under section | 3604 |
3305.05 or 3305.051 of the Revised Code and due to the election | 3605 |
ceases to be a public employee for purposes of that position. | 3606 |
Subject to section 145.57 of the Revised Code, the public | 3607 |
employees retirement system shall do the following: | 3608 |
(1) On receipt of a certified copy of a form evidencing an | 3609 |
election under section 3305.05 or 3305.051 of the Revised Code, | 3610 |
pay to the appropriate provider, in accordance with section | 3611 |
3305.052 of the Revised Code, the amount described in section | 3612 |
3305.052 of the Revised Code; | 3613 |
(2) If a member has accumulated contributions, in addition to | 3614 |
those subject to division (B)(1) of this section, standing to the | 3615 |
credit of the member's individual account and is not otherwise | 3616 |
employed in a position in which the member is considered a public | 3617 |
employee for the purposes of that position, pay, to the provider | 3618 |
the member selected pursuant to section 3305.05 or 3305.051 of the | 3619 |
Revised Code, the member's accumulated contributions. The payment | 3620 |
shall be made on the member's application. | 3621 |
(C) Payment of a member's accumulated contributions under | 3622 |
division (B) of this section cancels the member's total service | 3623 |
credit in the public employees retirement system. A member whose | 3624 |
accumulated contributions are paid to a provider pursuant to | 3625 |
division (B) of this section is forever barred from claiming or | 3626 |
purchasing service credit under the public employees retirement | 3627 |
system for the period of employment attributable to those | 3628 |
contributions. | 3629 |
Sec. 145.401. (A) As used in this section: | 3630 |
(1) "Eligible contributions" means amounts contributed under | 3631 |
section 145.47 of the Revised Code, amounts received from a member | 3632 |
or transferred under division (C) of section 145.20 of the Revised | 3633 |
Code as that section existed prior to the effective date of this | 3634 |
amendment or former section 145.44 or section | 3635 |
145.2911, 145.2915, 145.2916, or 145.302 | 3636 |
Code, and any interest credited under section 145.471 or 145.472 | 3637 |
of the Revised Code. "Eligible contributions" does not include | 3638 |
contributions that were used in the payment of a disability | 3639 |
benefit under section 145.36 of the Revised Code or, as provided | 3640 |
in rules adopted by the board, were refunded to a member because | 3641 |
the system was not authorized to accept the contributions. | 3642 |
(2) "Service credit" means service credit earned for periods | 3643 |
for which contributions were made under section 145.47 of the | 3644 |
Revised Code and, if applicable, periods for which service credit | 3645 |
was purchased or transferred under division (C) of section 145.20 | 3646 |
of the Revised Code as that section existed prior to the effective | 3647 |
date of this amendment or former section 145.44 or section | 3648 |
145.295,
145.2911, 145.2915, 145.2916, or 145.302 | 3649 |
the Revised Code. | 3650 |
(B) If a member has, or at the time of death had, at least | 3651 |
five years of service credit, the public employees retirement | 3652 |
board shall include the amount specified in division (B)(1) or (2) | 3653 |
of this section in the amount payable under section 145.40 of the | 3654 |
Revised Code to the member, or under division (B) of section | 3655 |
145.43 of the Revised Code to a beneficiary or beneficiaries of | 3656 |
the member, unless at the time of death the member was a | 3657 |
disability benefit recipient. The amount specified in division | 3658 |
(B)(1) or (2) of this section shall be paid from the employers' | 3659 |
accumulation fund. | 3660 |
(1) If the member has, or had at the time of death, at least | 3661 |
five but less than ten years of service credit, the amount | 3662 |
included shall be equal to thirty-three per cent of the member's | 3663 |
eligible contributions. | 3664 |
(2) If the member has, or had at the time of death, at least | 3665 |
ten years of service credit, the amount included shall be equal to | 3666 |
sixty-seven per cent of the member's eligible contributions. | 3667 |
Sec. 145.41. Membership shall cease upon refund of | 3668 |
accumulated contributions, death, or retirement except as provided | 3669 |
in section 145.362 of the Revised Code. A member who separates | 3670 |
from service for any reason other than death or retirement or who | 3671 |
otherwise ceases to be a public employee for any reason other than | 3672 |
death or retirement may leave the member's accumulated | 3673 |
contributions on deposit with the public employees retirement | 3674 |
board and, for the purposes of the public employees retirement | 3675 |
system, be considered on a membership leave of absence. The | 3676 |
member's membership rights shall continue until the member has | 3677 |
withdrawn the member's accumulated contributions, retired on a | 3678 |
retirement allowance as provided in section 145.33, 145.331, | 3679 |
145.332, or 145.34 of the Revised Code, or died. The account of | 3680 |
such a member shall remain in the employees' savings fund, except | 3681 |
that the account of a member who has less than five calendar years | 3682 |
of contributing service credit or is a member of the state | 3683 |
teachers retirement system or the school employees retirement | 3684 |
system may be transferred to the income fund if by the end of the | 3685 |
fifth calendar year following the calendar year in which the last | 3686 |
contribution was received the member has not died, claimed a | 3687 |
refund of contributions, or requested the retirement board to | 3688 |
continue the member's membership on a leave of absence basis. In | 3689 |
case such a member later requests a refund, the member's account | 3690 |
shall be restored to the employees' savings account and refunded | 3691 |
therefrom. Members on such leaves of absence shall retain all | 3692 |
rights, obligations, and privileges of membership in the public | 3693 |
employees retirement system. A "contributor," as defined in | 3694 |
division (F) of section 145.01 of the Revised Code, who formerly | 3695 |
lost membership through termination of membership leave of absence | 3696 |
and who has not withdrawn the contributor's account shall be | 3697 |
reinstated as a member with all the rights, privileges, and | 3698 |
obligations of membership in the system. In no case shall a member | 3699 |
on leave of absence as provided in this section add to the | 3700 |
member's total number of years of service credit by reason of such | 3701 |
leave of absence, unless such member | 3702 |
3703 | |
3704 | |
3705 | |
make a payment as provided in section 145.291 of the Revised Code. | 3706 |
Sec. 145.44. Members of the public employees retirement | 3707 |
system who, prior to the date membership was established in said | 3708 |
system, were employed by the state or any of the several local | 3709 |
authorities mentioned in section 145.01 of the Revised Code, which | 3710 |
state or local authority has a local retirement system established | 3711 |
under the laws of this state for its employees, shall be permitted | 3712 |
to pay into the employees' savings fund of the public employees | 3713 |
retirement system the amount, with interest as determined by the | 3714 |
public employees retirement board, said members would have paid | 3715 |
through regular salary deductions had they been members of the | 3716 |
public employees retirement system continuously since January 1, | 3717 |
1935. | 3718 |
In case a given member did not enter the employ of the | 3719 |
governmental unit having its own retirement system until a date | 3720 |
subsequent to January 1, 1935, the payment shall be computed on | 3721 |
the earnable salary earned from the date of appointment to the | 3722 |
date membership was established in the public employees retirement | 3723 |
system, provided such members have not received and are not | 3724 |
eligible for benefits from the retirement system of said state or | 3725 |
local governmental unit. By such payment such member shall become | 3726 |
eligible for the benefits provided in division (A)(1)(a) of | 3727 |
section 145.33, section 145.331, division (A)(1)(a) of section | 3728 |
145.34, section 145.36, or section 145.361 of the Revised Code, | 3729 |
and such member shall not become eligible for the other benefits | 3730 |
provided by the remaining divisions of those sections until after | 3731 |
such governmental unit has paid into the public employees | 3732 |
retirement system fund the full liability, as determined by the | 3733 |
actuary engaged by the board to cover such services and payments. | 3734 |
If the governmental unit has not paid the full liability, the | 3735 |
retirement system shall refund the amount paid by the member under | 3736 |
this section. "Full liability" as used in this section means an | 3737 |
amount which, when added to the payment made by the member, will | 3738 |
provide the remaining portion of the pension reserve on such | 3739 |
service. | 3740 |
Sec. 145.45. Except as provided in division (C)(1) of this | 3741 |
section, in lieu of accepting the payment of the accumulated | 3742 |
account of a member who dies before service retirement, a | 3743 |
beneficiary, as determined in this section or section 145.43 of | 3744 |
the Revised Code, may elect to forfeit the accumulated | 3745 |
contributions and to substitute certain other benefits under | 3746 |
division (A) or (B) of this section. | 3747 |
(A)(1) If a deceased member was eligible for a service | 3748 |
retirement benefit as provided in section 145.33, 145.331, | 3749 |
145.332, or 145.34 of the Revised Code, a surviving spouse or | 3750 |
other sole dependent beneficiary may elect to receive a monthly | 3751 |
benefit computed as the joint-survivor benefit designated as "plan | 3752 |
D" in section 145.46 of the Revised Code, which the member would | 3753 |
have received had the member retired on the last day of the month | 3754 |
of death and had the member at that time selected such | 3755 |
joint-survivor plan. Payment shall begin with the month subsequent | 3756 |
to the member's death, except that a surviving spouse who is less | 3757 |
than sixty-five years old may defer receipt of such benefit. Upon | 3758 |
receipt, the benefit shall be calculated based upon the spouse's | 3759 |
age at the time of first payment, and shall accrue regular | 3760 |
interest during the time of deferral. | 3761 |
(2) Beginning on a date selected by the public employees | 3762 |
retirement board, which shall be not later than July 1, 2004, a | 3763 |
surviving spouse or other sole dependent beneficiary may elect, in | 3764 |
lieu of a monthly payment under division (A)(1) of this section, a | 3765 |
plan of payment consisting of both of the following: | 3766 |
(a) A lump sum in an amount the surviving spouse or other | 3767 |
sole dependent beneficiary designates that constitutes a portion | 3768 |
of the allowance that would be payable under division (A)(1) of | 3769 |
this section; | 3770 |
(b) The remainder of that allowance in monthly payments. | 3771 |
The total amount paid as a lump sum and a monthly benefit | 3772 |
shall be the actuarial equivalent of the amount that would have | 3773 |
been paid had the lump sum not been selected. | 3774 |
The lump sum amount designated by the surviving spouse or | 3775 |
other sole dependent beneficiary under division (A)(2)(a) of this | 3776 |
section shall be not less than six times and not more than | 3777 |
thirty-six times the monthly amount that would be payable to the | 3778 |
surviving spouse or other sole dependent beneficiary under | 3779 |
division (A)(1) of this section and shall not result in a monthly | 3780 |
payment that is less than fifty per cent of that monthly amount. | 3781 |
(B) If a deceased member had, except as provided in division | 3782 |
(B)(7) of this section, at least one and one-half years of | 3783 |
contributing service credit, with, except as provided in division | 3784 |
(B)(7) of this section, at least one-quarter year of contributing | 3785 |
service credit within the two and one-half years prior to the date | 3786 |
of death, or was receiving at the time of death a disability | 3787 |
benefit as provided in section 145.36, 145.361, or 145.37 of the | 3788 |
Revised Code, qualified survivors who elect to receive monthly | 3789 |
benefits shall receive the greater of the benefits provided in | 3790 |
division (B)(1)(a) or (b) and (4) of this section as allocated in | 3791 |
accordance with division (B)(5) of this section. | 3792 |
(1)(a) Number | Or | 3793 | |||||
of Qualified | Monthly | 3794 | |||||
survivors | Annual Benefit as a Per | Benefit | 3795 | ||||
affecting | Cent of Decedent's Final | shall not be | 3796 | ||||
the benefit | Average Salary | less than | 3797 | ||||
1 | 25% | $250 | 3798 | ||||
2 | 40 | 400 | 3799 | ||||
3 | 50 | 500 | 3800 | ||||
4 | 55 | 500 | 3801 | ||||
5 or more | 60 | 500 | 3802 |
(b) Years of | Annual Benefit as a Per Cent | 3803 | ||
Service | of Member's Final Average | 3804 | ||
Salary | 3805 | |||
20 | 29% | 3806 | ||
21 | 33 | 3807 | ||
22 | 37 | 3808 | ||
23 | 41 | 3809 | ||
24 | 45 | 3810 | ||
25 | 48 | 3811 | ||
26 | 51 | 3812 | ||
27 | 54 | 3813 | ||
28 | 57 | 3814 | ||
29 or more | 60 | 3815 |
(2) Benefits shall begin as qualified survivors meet | 3816 |
eligibility requirements as follows: | 3817 |
(a) A qualified spouse is the surviving spouse of the | 3818 |
deceased member, who is age sixty-two, or regardless of age meets | 3819 |
one of the following qualifications: | 3820 |
(i) Except as provided in division (B)(7) of this section, | 3821 |
the deceased member had ten or more years of Ohio service credit. | 3822 |
(ii) The spouse is caring for a qualified child. | 3823 |
(iii) The spouse is adjudged physically or mentally | 3824 |
incompetent. | 3825 |
A spouse of a member who died prior to August 27, 1970, whose | 3826 |
eligibility was determined at the member's death, and who is | 3827 |
physically or mentally incompetent on or after August 20, 1976, | 3828 |
shall be paid the monthly benefit which that person would | 3829 |
otherwise receive when qualified by age. | 3830 |
(b) A qualified child is any child of the deceased member who | 3831 |
has never been married and to whom one of the following applies: | 3832 |
(i) Is under age eighteen, or under age twenty-two if the | 3833 |
child is attending an institution of learning or training pursuant | 3834 |
to a program designed to complete in each school year the | 3835 |
equivalent of at least two-thirds of the full-time curriculum | 3836 |
requirements of such institution and as further determined by | 3837 |
board policy; | 3838 |
(ii) Regardless of age, is adjudged physically or mentally | 3839 |
incompetent at the time of the member's death. | 3840 |
(c) A qualified parent is a dependent parent aged sixty-five | 3841 |
or older or regardless of age if physically or mentally | 3842 |
incompetent, a dependent parent whose eligibility was determined | 3843 |
by the member's death prior to August 20, 1976, and who is | 3844 |
physically or mentally incompetent on or after August 20, 1976, | 3845 |
shall be paid the monthly benefit for which that person would | 3846 |
otherwise qualify. | 3847 |
(3) "Physically or mentally incompetent" as used in this | 3848 |
section may be determined by a court of jurisdiction, or by a | 3849 |
physician appointed by the retirement board. Incapability of | 3850 |
making a living because of a physically or mentally disabling | 3851 |
condition shall meet the qualifications of this division. | 3852 |
(4) Benefits to a qualified survivor shall terminate upon | 3853 |
ceasing to meet eligibility requirements as provided in this | 3854 |
division, a first marriage, abandonment, adoption, or during | 3855 |
active military service. Benefits to a deceased member's surviving | 3856 |
spouse that were terminated under a former version of this section | 3857 |
that required termination due to remarriage and were not resumed | 3858 |
prior to September 16, 1998, shall resume on the first day of the | 3859 |
month immediately following receipt by the board of an application | 3860 |
on a form provided by the board. | 3861 |
Upon the death of any subsequent spouse who was a member of | 3862 |
the public employees retirement system, state teachers retirement | 3863 |
system, or school employees retirement system, the surviving | 3864 |
spouse of such member may elect to continue receiving benefits | 3865 |
under this division, or to receive survivor's benefits, based upon | 3866 |
the subsequent spouse's membership in one or more of the systems, | 3867 |
for which such surviving spouse is eligible under this section or | 3868 |
section 3307.66 or 3309.45 of the Revised Code. If the surviving | 3869 |
spouse elects to continue receiving benefits under this division, | 3870 |
such election shall not preclude the payment of benefits under | 3871 |
this division to any other qualified survivor. | 3872 |
Benefits shall begin or resume on the first day of the month | 3873 |
following the attainment of eligibility and shall terminate on the | 3874 |
first day of the month following loss of eligibility. | 3875 |
(5)(a) If a benefit is payable under division (B)(1)(a) of | 3876 |
this section, benefits to a qualified spouse shall be paid in the | 3877 |
amount determined for the first qualifying survivor in division | 3878 |
(B)(1)(a) of this section. All other qualifying survivors shall | 3879 |
share equally in the benefit or remaining portion thereof. | 3880 |
(b) All qualifying survivors shall share equally in a benefit | 3881 |
payable under division (B)(1)(b) of this section, except that if | 3882 |
there is a surviving spouse, the surviving spouse shall receive | 3883 |
not less than the amount determined for the first qualifying | 3884 |
survivor in division (B)(1)(a) of this section. | 3885 |
(6) The beneficiary of a member who is also a member of the | 3886 |
state teachers retirement system or of the school employees | 3887 |
retirement system, must forfeit the member's accumulated | 3888 |
contributions in those systems and in the public employees | 3889 |
retirement system, if the beneficiary takes a survivor benefit. | 3890 |
Such benefit shall be exclusively governed by section 145.37 of | 3891 |
the Revised Code. | 3892 |
(7) The following restrictions do not apply if the deceased | 3893 |
member was contributing toward benefits under
| 3894 |
3895 | |
death: | 3896 |
(a) That the deceased member have had at least one and | 3897 |
one-half years of contributing service credit, with at least | 3898 |
one-quarter year of contributing service within the two and | 3899 |
one-half years prior to the date of death; | 3900 |
(b) If the deceased member was killed in the line of duty, | 3901 |
that the deceased member have had ten or more years of Ohio | 3902 |
service credit as described in division (B)(2)(a)(i) of this | 3903 |
section. | 3904 |
For the purposes of division (B)(7)(b) of this section, | 3905 |
"killed in the line of duty," means either that death occurred in | 3906 |
the line of duty or that death occurred as a result of injury | 3907 |
sustained in the line of duty. | 3908 |
(C)(1) Regardless of whether the member is survived by a | 3909 |
spouse or designated beneficiary, if the public employees | 3910 |
retirement system receives notice that a deceased member described | 3911 |
in division (A) or (B) of this section has one or more qualified | 3912 |
children, all persons who are qualified survivors under division | 3913 |
(B) of this section shall receive monthly benefits as provided in | 3914 |
division (B) of this section. | 3915 |
If, after determining the monthly benefits to be paid under | 3916 |
division (B) of this section, the system receives notice that | 3917 |
there is a qualified survivor who was not considered when the | 3918 |
determination was made, the system shall, notwithstanding section | 3919 |
145.561 of the Revised Code, recalculate the monthly benefits with | 3920 |
that qualified survivor included, even if the benefits to | 3921 |
qualified survivors already receiving benefits are reduced as a | 3922 |
result. The benefits shall be calculated as if the qualified | 3923 |
survivor who is the subject of the notice became eligible on the | 3924 |
date the notice was received and shall be paid to qualified | 3925 |
survivors effective on the first day of the first month following | 3926 |
the system's receipt of the notice. | 3927 |
If the retirement system did not receive notice that a | 3928 |
deceased member has one or more qualified children prior to making | 3929 |
payment under section 145.43 of the Revised Code to a beneficiary | 3930 |
as determined by the retirement system, the payment is a full | 3931 |
discharge and release of the system from any future claims under | 3932 |
this section or section 145.43 of the Revised Code. | 3933 |
(2) If benefits under division (C)(1) of this section to all | 3934 |
persons, or to all persons other than a surviving spouse or other | 3935 |
sole beneficiary, terminate, there are no children under the age | 3936 |
of twenty-two years, and the surviving spouse or beneficiary | 3937 |
qualifies for benefits under division (A) of this section, the | 3938 |
surviving spouse or beneficiary may elect to receive benefits | 3939 |
under division (A) of this section. The benefits shall be | 3940 |
effective on the first day of the month immediately following the | 3941 |
termination. | 3942 |
(D) The final average salary used in the calculation of a | 3943 |
benefit payable pursuant to division (A) or (B) of this section to | 3944 |
a survivor or beneficiary of a disability benefit recipient shall | 3945 |
be adjusted for each year between the disability benefit's | 3946 |
effective date and the recipient's date of death by the lesser of | 3947 |
three per cent or the actual average percentage increase in the | 3948 |
consumer price index prepared by the United States bureau of labor | 3949 |
statistics (U.S. city average for urban wage earners and clerical | 3950 |
workers: "all items 1982-84=100"). | 3951 |
(E) If the survivor benefits due and paid under this section | 3952 |
are in a total amount less than the member's accumulated account | 3953 |
that was transferred from the public employees' savings fund to | 3954 |
the survivors' benefit fund, then the difference between the total | 3955 |
amount of the benefits paid shall be paid to the beneficiary under | 3956 |
section 145.43 of the Revised Code. | 3957 |
Sec. 145.452. | 3958 |
3959 | |
after the effective date of this amendment shall have the right to | 3960 |
continue to purchase any service credit the member initiated | 3961 |
before death. A purchase shall be considered to have been | 3962 |
initiated before the member's death if the member made one or more | 3963 |
payments for the purchase before the member's death. | 3964 |
Until one year after the effective date of this amendment, | 3965 |
the surviving spouse or | 3966 |
3967 | |
amendment shall have the right to purchase any service credit the | 3968 |
member, had the member not died, would have been eligible to | 3969 |
purchase under this chapter
| 3970 |
3971 | |
3972 |
Any service credit purchased under this section shall be | 3973 |
applied under the provisions of this chapter in the same manner as | 3974 |
it would have been applied had it been purchased by the deceased | 3975 |
member during the deceased member's lifetime. | 3976 |
Sec. 145.462. As used in this section, "benefit" means any | 3977 |
allowance, pension, or other benefit to which an individual is | 3978 |
entitled and that
| 3979 |
145.32, 145.33, 145.332, 145.34, 145.36, 145.37, 145.45, or 145.46 | 3980 |
of the Revised Code. | 3981 |
The annual amount of each benefit which was payable prior to | 3982 |
February 1, 1984, shall, after the adjustment required by section | 3983 |
145.323 of the Revised Code, be increased by five per cent. | 3984 |
Sec. 145.47. (A) Each public employee who is a contributor | 3985 |
to the public employees retirement system shall contribute eight | 3986 |
per cent of the contributor's earnable salary to the employees' | 3987 |
savings fund, except that the public employees retirement board | 3988 |
may raise the contribution rate to a rate not greater than ten per | 3989 |
cent of the employee's earnable salary. | 3990 |
(B) The head of each state department, institution, board, | 3991 |
and commission, and the fiscal officer of each local authority | 3992 |
subject to this chapter, shall deduct from the earnable salary of | 3993 |
each contributor on every payroll of such contributor for each | 3994 |
payroll period subsequent to the date of coverage, an amount equal | 3995 |
to the applicable per cent of the contributor's earnable salary. | 3996 |
The head of each state department and the fiscal officer of each | 3997 |
local authority subject to this chapter shall transmit promptly to | 3998 |
the system a report of contributions at such intervals and in such | 3999 |
form as the system shall require, showing thereon all deductions | 4000 |
for the system made from the earnable salary of each contributor | 4001 |
employed, together with warrants, checks, or electronic payments | 4002 |
covering the total of such deductions. A penalty shall be added | 4003 |
when such report, together with warrants, checks, or electronic | 4004 |
payments to cover the total amount due from the earnable salary of | 4005 |
all amenable employees of such employer, is filed thirty or more | 4006 |
days after the last day of such reporting period. The system, | 4007 |
after making a record of all receipts under this division, shall | 4008 |
deposit the receipts with the treasurer of state for use as | 4009 |
provided by this chapter. | 4010 |
(C) Unless the board adopts a rule under division (D) of this | 4011 |
section, the penalty described in division (B) of this section for | 4012 |
failing to timely transmit a report, pay the total amount due, or | 4013 |
both is as follows: | 4014 |
(1) At least one but not more than ten days past due, an | 4015 |
amount equal to one per cent of the total amount due; | 4016 |
(2) At least eleven but not more than thirty days past due, | 4017 |
an amount equal to two and one-half per cent of the total amount | 4018 |
due; | 4019 |
(3) Thirty-one or more days past due, an amount equal to five | 4020 |
per cent of the total amount due. | 4021 |
The penalty described in this division shall be added to and | 4022 |
collected on the next succeeding regular employer billing. | 4023 |
Interest at a rate set by the retirement board shall be charged on | 4024 |
the amount of the penalty in case such penalty is not paid within | 4025 |
thirty days after it is added to the regular employer billing. | 4026 |
(D) The board may adopt rules to establish penalties in | 4027 |
amounts that do not exceed the amounts specified in divisions | 4028 |
(C)(1) to (3) of this section. | 4029 |
(E) In addition to the periodical reports of deduction | 4030 |
required by this section, the fiscal officer of each local | 4031 |
authority subject to this chapter shall submit to the system at | 4032 |
least once each year a complete listing of all noncontributing | 4033 |
appointive employees. Where an employer fails to transmit | 4034 |
contributions to the system, the system may make a determination | 4035 |
of the employees' liability for contributions and certify to the | 4036 |
employer the amounts due for collection in the same manner as | 4037 |
payments due the employers' accumulation fund. Any amounts so | 4038 |
collected shall be held in trust pending receipt of a report of | 4039 |
contributions for such public employees for the period involved as | 4040 |
provided by law and, thereafter, the amount in trust shall be | 4041 |
transferred to the employees' savings fund to the credit of the | 4042 |
employees. Any amount remaining after the transfer to the | 4043 |
employees' savings fund shall be transferred to the employers' | 4044 |
accumulation fund as a credit of such employer. | 4045 |
(F) The fiscal officer of each local authority subject to | 4046 |
this chapter shall require each new contributor to submit to the | 4047 |
system a detailed report of all the contributor's previous service | 4048 |
as a public employee along with such other facts as the board | 4049 |
requires for the proper operation of the system. | 4050 |
(G) Any member who, because of the member's own illness, | 4051 |
injury, or other reason which may be approved by the member's | 4052 |
employer is prevented from making the member's contribution to the | 4053 |
system for any payroll period, may | 4054 |
4055 | |
one year. Credit shall be purchased under this division in | 4056 |
accordance with section 145.29 of the Revised Code. | 4057 |
Sec. 145.48. (A) Each employer shall pay to the public | 4058 |
employees retirement system an amount that shall be a certain per | 4059 |
cent of the earnable salary of all contributors to be known as the | 4060 |
"employer contribution," except that the public employees | 4061 |
retirement board may raise the employer contribution to a rate not | 4062 |
to exceed fourteen per cent of the earnable salaries of all | 4063 |
contributors. | 4064 |
(B)(1) On the basis of regular interest and of such mortality | 4065 |
and other tables as are adopted by the public employees retirement | 4066 |
board, the actuary for the board shall determine the liabilities | 4067 |
and employer rates of contribution as follows: | 4068 |
(a) The percentage of earnable salary that, when added to the | 4069 |
per cent of earnable salary contributed by each member, will cover | 4070 |
the costs of benefits to be paid to members for each year of | 4071 |
service rendered; | 4072 |
(b) The percentage of earnable salary that, if paid over a | 4073 |
period of future years, will discharge fully the system's unfunded | 4074 |
actuarial accrued pension liability; | 4075 |
(c) The percentage of earnable salary designated by the board | 4076 |
to pay benefits authorized under section 145.58 of the Revised | 4077 |
Code. | 4078 |
(2) If recognized assets exceed the liabilities for service | 4079 |
previously rendered, on approval of the board, a percentage of | 4080 |
earnable salary may be deducted from the employer rates of | 4081 |
contribution that, if deducted annually over a period of future | 4082 |
years, will eliminate the excess. | 4083 |
| 4084 |
4085 | |
4086 | |
4087 | |
4088 | |
4089 | |
4090 | |
4091 | |
4092 | |
4093 | |
4094 | |
4095 | |
4096 |
Sec. 145.483. Upon a finding that an employer failed to | 4097 |
deduct contributions pursuant to section 145.47 of the Revised | 4098 |
Code during a period of employment for which such contributions | 4099 |
were required, a statement of delinquent contributions shall be | 4100 |
prepared showing the amount the contributor and employer would | 4101 |
have contributed had regular payroll deductions been taken. Simple | 4102 |
interest from the end of each calendar year at a rate | 4103 |
4104 | |
rate of interest at the time the statement is prepared shall be | 4105 |
included. If delinquent contribution statements are
| 4106 |
later than thirty days after the end of the month in which they | 4107 |
become an obligation of the employer, any balance remaining shall | 4108 |
be collected with penalties and interest pursuant to section | 4109 |
145.51 of the Revised Code. | 4110 |
Any amount paid under this section by an employer shall be | 4111 |
credited in accordance with section 145.23 of the Revised Code. | 4112 |
Sec. 145.49. (A) Notwithstanding section 145.47 of the | 4113 |
Revised Code: | 4114 |
(1) The public employees retirement system shall be | 4115 |
authorized to calculate the employee contribution rates separately | 4116 |
for those public employees contributing toward benefits as PERS | 4117 |
public safety officers under section
| 4118 |
Code. | 4119 |
(2) Each public employee contributing toward benefits as PERS | 4120 |
law enforcement officers under section
| 4121 |
Revised Code shall contribute to the employees' savings fund the | 4122 |
rate determined under division (A)(1) of this section plus an | 4123 |
additional percentage specified by the public employees retirement | 4124 |
board, which shall initially be one per cent of the employee's | 4125 |
earnable salary and shall not be increased to more than two per | 4126 |
cent of the employee's earnable salary. | 4127 |
(B) Notwithstanding section 145.48 of the Revised Code, the | 4128 |
public employees retirement system shall be authorized to | 4129 |
calculate the employer contribution rates separately for those | 4130 |
public employees contributing toward benefits as PERS public | 4131 |
safety officers under section | 4132 |
or as PERS law enforcement officers under that section, except | 4133 |
that the employer contribution rate shall not exceed eighteen and | 4134 |
one-tenth per cent of the earnable salaries of those employees. | 4135 |
Sec. 145.51. (A) Each employer described in division (D) of | 4136 |
section 145.01 of the Revised Code shall pay into the employers' | 4137 |
accumulation fund, in monthly installments, an amount certified by | 4138 |
the public employees retirement board, which equals the employer | 4139 |
obligation as described in section 145.12 or 145.69 of the Revised | 4140 |
Code. In addition, the board shall add to the employer billing | 4141 |
next succeeding the amount, with interest, to be paid by the | 4142 |
employer to provide the member with contributing service credit | 4143 |
for the service prior to the date of initial contribution to the | 4144 |
system for which the member has made additional payments, except | 4145 |
payments made pursuant to former section 145.29 or sections 145.28 | 4146 |
and | 4147 |
(B) Except as provided in section 145.52 of the Revised Code, | 4148 |
all employer obligations described in division (A) of this section | 4149 |
must be received by the public employees retirement system not | 4150 |
later than the thirtieth day after the last day of the calendar | 4151 |
month for which related member contributions are withheld. | 4152 |
(C) Unless the board adopts a rule under division (F) of this | 4153 |
section establishing a different interest rate or penalty, | 4154 |
interest and penalties for failing to pay the employer obligation | 4155 |
when due under division (B) of this section shall be as follows: | 4156 |
(1) Interest, compounded annually and charged monthly, for | 4157 |
each day after the due date that the employer obligation remains | 4158 |
unpaid in an amount equal to six per cent per annum of the past | 4159 |
due amount of the employer obligation and any penalties imposed | 4160 |
under this section; | 4161 |
(2) The penalty for failing to pay the employer obligation | 4162 |
when due under division (B) is as follows: | 4163 |
(a) At least eleven but not more than thirty days past due, | 4164 |
an amount equal to one per cent of the past due obligation; | 4165 |
(b) At least thirty-one but not more than sixty days past | 4166 |
due, an additional amount equal to one and one-half per cent of | 4167 |
the past due obligation; | 4168 |
(c) Sixty-one or more days past due, an additional amount | 4169 |
equal to two and one-half per cent of the past due obligation. | 4170 |
(D) The aggregate of all payments by employers under this | 4171 |
section shall be sufficient, when combined with the amount in the | 4172 |
employers' accumulation fund, to provide amounts payable under | 4173 |
this chapter out of the fund, and if not, the additional amount so | 4174 |
required shall be collected by means of an increased rate per | 4175 |
cent, which shall be certified to such employers by the board. | 4176 |
(E) Upon certification by the board to the director of budget | 4177 |
and management, or to the county auditor, of an amount due from an | 4178 |
employer within any county who is subject to this chapter, by | 4179 |
reason of such employer's delinquency in making payments into the | 4180 |
employers' accumulation fund for past billings, such amount shall | 4181 |
be withheld from such employer from any funds subject to the | 4182 |
control of the director or the county auditor to such employer and | 4183 |
shall be paid to the public employees retirement system. | 4184 |
(F) The board may adopt rules to do any of the following: | 4185 |
(1) Establish interest at a rate that does not exceed the | 4186 |
annual rate described in division (C)(1) of this section; | 4187 |
(2) Establish penalties in amounts that do not exceed the | 4188 |
amounts described in division (C)(2) of this section; | 4189 |
(3) Permit the board to lengthen the periods of time or enter | 4190 |
into repayment agreements for employers to comply with divisions | 4191 |
(B) and (C) of this section. | 4192 |
Sec. 145.54. The public employees retirement board shall | 4193 |
estimate annually the amount required to defray the expenses of | 4194 |
the administration of the public employees retirement system in | 4195 |
the ensuing year. If in the judgment of the board, as evidenced by | 4196 |
a resolution of that board in its minutes, the amount in the | 4197 |
income fund exceeds the amount necessary to cover the ordinary | 4198 |
requirements of that fund, the board may transfer to the expense | 4199 |
fund such excess amount not exceeding the entire amount required | 4200 |
to cover the expenses as estimated for the year. | 4201 |
in the expense fund, including any amount transferred from the | 4202 |
income fund, is not sufficient to defray the expenses of | 4203 |
administration of the system in the ensuing year, the board may | 4204 |
4205 | |
expense fund | 4206 |
4207 | |
4208 | |
fund. | 4209 |
Sec. 145.56. The right of an individual to a pension, an | 4210 |
annuity, or a retirement allowance itself, the right of an | 4211 |
individual to any optional benefit, any other right accrued or | 4212 |
accruing to any individual, under this chapter, or under any | 4213 |
municipal retirement system established subject to this chapter | 4214 |
under the laws of this state or any charter, the various funds | 4215 |
created by this chapter, or under such municipal retirement | 4216 |
system, and all moneys, investments, and income from moneys or | 4217 |
investments are exempt from any state tax, except the tax imposed | 4218 |
by section 5747.02 of the Revised Code and are exempt from any | 4219 |
county, municipal, or other local tax, except taxes imposed | 4220 |
pursuant to section 5748.02 or 5748.08 of the Revised Code and, | 4221 |
except as provided in sections 145.57, 145.572, 145.573, 3105.171, | 4222 |
3105.65, and 3115.32 and Chapters 3119., 3121., 3123., and 3125. | 4223 |
of the Revised Code, shall not be subject to execution, | 4224 |
garnishment, attachment, the operation of bankruptcy or insolvency | 4225 |
laws, or other process of law whatsoever, and shall be | 4226 |
unassignable except as specifically provided in this chapter and | 4227 |
sections 3105.171, 3105.65, and 3115.32 and Chapters 3119., 3121., | 4228 |
3123., and 3125. of the Revised Code. | 4229 |
Sec. 145.561. | 4230 |
this section and section 145.363 or 145.573 of the Revised Code, | 4231 |
the granting of a retirement allowance, annuity, pension, or other | 4232 |
benefit to any person pursuant to action of the public employees | 4233 |
retirement board vests a right in such person, so long as | 4234 |
person remains the recipient of any benefit of the funds | 4235 |
established by section 145.23 of the Revised Code, to receive such | 4236 |
retirement allowance, annuity, pension, or other benefit at the | 4237 |
rate fixed at the time of granting such retirement allowance, | 4238 |
annuity, pension, or other benefit. Such right shall also be | 4239 |
vested with equal effect in the recipient of a grant heretofore | 4240 |
made from any of the funds named in section 145.23 of the Revised | 4241 |
Code. | 4242 |
(B) This section does not apply to an increase made under | 4243 |
section 145.323 of the Revised Code on or after the effective date | 4244 |
of this amendment. | 4245 |
Sec. 145.563. | 4246 |
Revised Code, if any person who is a member, former member, | 4247 |
contributor, former contributor, retirant, beneficiary, or | 4248 |
alternate payee, as defined in section 3105.80 of the Revised | 4249 |
Code, is paid any benefit or payment by the public employees | 4250 |
retirement system, including any payment made to a third party on | 4251 |
the person's behalf, to which the person is not entitled, the | 4252 |
benefit or payment shall be repaid to the retirement system by the | 4253 |
person or third party. If the person or third party fails to make | 4254 |
the repayment, the retirement system shall withhold the amount or | 4255 |
a portion of the amount due from any benefit or payment due the | 4256 |
person or the person's beneficiary under this chapter, or may | 4257 |
collect the amount in any other manner provided by law. | 4258 |
Sec. 145.573. Notwithstanding any other provision of this | 4259 |
chapter, any right of a member of the public employees retirement | 4260 |
system to a disability benefit is subject to a forfeiture order | 4261 |
issued under section 2929.193 of the Revised Code. | 4262 |
If the retirement system receives notice under section | 4263 |
2901.431 of the Revised Code that felony charges have been filed | 4264 |
against a member, the retirement system shall not grant the member | 4265 |
a disability benefit unless it determines that the member's | 4266 |
disability was not caused by commission of the felony. If the | 4267 |
member has disability coverage under this chapter or was granted a | 4268 |
disability benefit after the date on which the felony was | 4269 |
committed, the retirement system shall notify the prosecutor who | 4270 |
sent the notice under section 2901.431 of the Revised Code that | 4271 |
the member may be subject to an order of forfeiture under section | 4272 |
2929.193 of the Revised Code. | 4273 |
On receipt under section 2929.193 of the Revised Code of a | 4274 |
journal entry showing an order of forfeiture of any right a member | 4275 |
may have to a disability benefit, the retirement system shall | 4276 |
comply with the order. If a disability benefit was granted prior | 4277 |
to receipt of the order, the retirement system shall terminate the | 4278 |
benefit. Any disability benefit paid to the member prior to its | 4279 |
termination may be recovered in accordance with section 145.563 of | 4280 |
the Revised Code. | 4281 |
Neither this section nor section 2929.193 of the Revised Code | 4282 |
precludes a member from withdrawing the member's accumulated | 4283 |
contributions in accordance with section 145.40 of the Revised | 4284 |
Code if the member is not subject to section 145.572 of the | 4285 |
Revised Code. | 4286 |
Sec. 145.58. (A) As used in this section, "ineligible | 4287 |
individual" means all of the following: | 4288 |
(1) A former member receiving benefits pursuant to section | 4289 |
145.32, 145.33, 145.331, 145.332, 145.34, or 145.46 of the Revised | 4290 |
Code for whom eligibility is established more than five years | 4291 |
after June 13, 1981, and who, at the time of establishing | 4292 |
eligibility, has accrued less than ten years' service credit, | 4293 |
exclusive of credit obtained pursuant to section 145.297 or | 4294 |
145.298 of the Revised Code, credit obtained under section 145.37, | 4295 |
145.295, 145.2911, or 145.2913 of the Revised Code for service | 4296 |
under another retirement system, credit obtained after January 29, | 4297 |
1981, pursuant to section 145.293 or 145.301 of the Revised Code, | 4298 |
and credit obtained after May 4, 1992, pursuant to section 145.28 | 4299 |
of the Revised Code; | 4300 |
(2) The spouse of the former member; | 4301 |
(3) The beneficiary of the former member receiving benefits | 4302 |
pursuant to section 145.46 of the Revised Code. | 4303 |
(B) The public employees retirement board may enter into | 4304 |
agreements with insurance companies, health insuring corporations, | 4305 |
or government agencies authorized to do business in the state for | 4306 |
issuance of a policy or contract of health, medical, hospital, or | 4307 |
surgical benefits, or any combination thereof, for those | 4308 |
individuals receiving age and service retirement or a disability | 4309 |
or survivor benefit subscribing to the plan, or for PERS retirants | 4310 |
employed under section 145.38 of the Revised Code, for coverage of | 4311 |
benefits in accordance with division | 4312 |
of the Revised Code. Notwithstanding any other provision of this | 4313 |
chapter, the policy or contract may also include coverage for any | 4314 |
eligible individual's spouse and dependent children and for any of | 4315 |
the individual's sponsored dependents as the board determines | 4316 |
appropriate. If all or any portion of the policy or contract | 4317 |
premium is to be paid by any individual receiving age and service | 4318 |
retirement or a disability or survivor benefit, the individual | 4319 |
shall, by written authorization, instruct the board to deduct the | 4320 |
premium agreed to be paid by the individual to the company, | 4321 |
corporation, or agency. Service credit obtained under section | 4322 |
145.295, 145.2911, 145.2913, or 145.37 of the Revised Code for | 4323 |
service under another retirement system shall not be used in | 4324 |
determining the amount of the premium. | 4325 |
The board may contract for coverage on the basis of part or | 4326 |
all of the cost of the coverage to be paid from appropriate funds | 4327 |
of the public employees retirement system. The cost paid from the | 4328 |
funds of the system shall be included in the employer's | 4329 |
contribution rate provided by sections 145.48 and 145.51 of the | 4330 |
Revised Code. The board may by rule provide coverage to ineligible | 4331 |
individuals if the coverage is provided at no cost to the | 4332 |
retirement system. The board shall not pay or reimburse the cost | 4333 |
for coverage under this section or section
| 4334 |
Revised Code for any ineligible individual. | 4335 |
The board may provide for self-insurance of risk or level of | 4336 |
risk as set forth in the contract with the companies, | 4337 |
corporations, or agencies, and may provide through the | 4338 |
self-insurance method specific benefits as authorized by rules of | 4339 |
the board. | 4340 |
(C) The board shall, beginning the month following receipt of | 4341 |
satisfactory evidence of the payment for coverage, pay monthly to | 4342 |
each recipient of service retirement, or a disability or survivor | 4343 |
benefit under the public employees retirement system who is | 4344 |
eligible for medical insurance coverage under part B of Title | 4345 |
XVIII of "The Social Security Act," 79 Stat. 301 (1965), 42 | 4346 |
U.S.C.A. 1395j, as amended, an amount determined by the board for | 4347 |
such coverage that is not less than ninety-six dollars and forty | 4348 |
cents, except that the board shall make no such payment to any | 4349 |
ineligible individual or pay an amount that exceeds the amount | 4350 |
paid by the recipient for the coverage. | 4351 |
At the request of the board, the recipient shall certify to | 4352 |
the retirement system the amount paid by the recipient for | 4353 |
coverage described in this division. | 4354 |
(D) The board shall establish by rule requirements for the | 4355 |
coordination of any coverage, payment, or benefit provided under | 4356 |
this section or section
| 4357 |
any similar coverage, payment, or benefit made available to the | 4358 |
same individual by the Ohio police and fire pension fund, state | 4359 |
teachers retirement system, school employees retirement system, or | 4360 |
state highway patrol retirement system. | 4361 |
(E) The board shall make all other necessary rules pursuant | 4362 |
to the purpose and intent of this section. | 4363 |
| 4364 |
division (B) of this section, the board of the public employees | 4365 |
retirement system shall make available to each retirant or | 4366 |
disability benefit recipient receiving a monthly allowance or | 4367 |
benefit on or after January 1, 1968, who has attained the age of | 4368 |
sixty-five years, and who is not eligible to receive hospital | 4369 |
insurance benefits under the federal old age, survivors, and | 4370 |
disability insurance program, hospital insurance coverage | 4371 |
substantially equivalent to the federal hospital insurance | 4372 |
benefits, Social Security Amendments of 1965, 79 Stat. 291, 42 | 4373 |
U.S.C.A. 1395c, as amended. This coverage shall also be made | 4374 |
available to the spouse, widow, or widower of such retirant or | 4375 |
disability benefit recipient provided such spouse, widow, or | 4376 |
widower has attained age sixty-five and is not eligible to receive | 4377 |
hospital insurance benefits under the federal old age, survivors, | 4378 |
and disability insurance program. The widow or widower of a | 4379 |
retirant or disability benefit recipient shall be eligible for | 4380 |
such coverage only if he or she is the recipient of a monthly | 4381 |
allowance or benefit from this system. One-half of the cost of the | 4382 |
premium for the spouse shall be paid from the appropriate funds of | 4383 |
the public employees retirement system and one-half by the | 4384 |
recipient of the allowance or benefit. | 4385 |
The cost of such coverage, paid from the funds of the system, | 4386 |
shall be included in the employer's rate provided by section | 4387 |
145.48 of the Revised Code. The retirement board is authorized to | 4388 |
make all necessary rules pursuant to the purpose and intent of | 4389 |
this section, and shall contract for such coverage as provided in | 4390 |
section 145.58 of the Revised Code. | 4391 |
(B) The board need not make the hospital insurance coverage | 4392 |
described in division (A) of this section available to any person | 4393 |
for whom it is prohibited by section 145.58 of the Revised Code | 4394 |
from paying or reimbursing the premium cost of such insurance. | 4395 |
Sec. 145.82. (A) Except as provided in divisions (B) and (C) | 4396 |
of this section, sections 145.201 to 145.70 of the Revised Code do | 4397 |
not apply to a PERS defined contribution plan, except that a PERS | 4398 |
defined contribution plan may incorporate provisions of those | 4399 |
sections as specified in the plan document. | 4400 |
(B) The following sections of Chapter 145. of the Revised | 4401 |
Code apply to a PERS defined contribution plan: 145.22, 145.221, | 4402 |
145.23, 145.25, 145.26, 145.27, 145.296, 145.38, | 4403 |
145.384, 145.391, 145.47, 145.48, 145.483, 145.51, 145.52, 145.53, | 4404 |
145.54, 145.55, 145.56, 145.563, 145.57, 145.571, 145.572, | 4405 |
145.573, 145.69, and 145.70 of the Revised Code. | 4406 |
(C) A PERS defined contribution plan that includes definitely | 4407 |
determinable benefits may incorporate by reference all or part of | 4408 |
sections 145.201 to 145.79 of the Revised Code to allow a member | 4409 |
participating in the plan to purchase service credit or to be | 4410 |
eligible for any of the following: | 4411 |
(1) Retirement, disability, survivor, or death benefits; | 4412 |
(2) Health or long-term care insurance or any other type of | 4413 |
health care benefit; | 4414 |
(3) Additional increases under section 145.323 of the Revised | 4415 |
Code; | 4416 |
(4) A refund of contributions made by or on behalf of a | 4417 |
member. | 4418 |
With respect to the benefits described in division (C)(1) of | 4419 |
this section, the public employees retirement board may establish | 4420 |
eligibility requirements and benefit formulas or amounts that | 4421 |
differ from those of members participating in the PERS defined | 4422 |
benefit plan. With respect to the purchase of service credit by a | 4423 |
member participating in a PERS defined contribution plan, the | 4424 |
board may reduce the cost of the service credit to reflect the | 4425 |
different benefit formula established for the member. | 4426 |
Sec. 145.87. For each member participating in a PERS defined | 4427 |
contribution plan, the public employees retirement system | 4428 |
may transfer to the employers' accumulation fund a portion of the | 4429 |
employer contribution required under section 145.48 of the Revised | 4430 |
Code. | 4431 |
a transfer under this section, the portion transferred shall | 4432 |
not exceed the percentage of earnable salary of members for whom | 4433 |
the contributions are being made that is determined by an actuary | 4434 |
appointed by the | 4435 |
to mitigate any negative financial impact on the system of | 4436 |
members' participation in a plan. | 4437 |
The board | 4438 |
intervals determined by the board, an actuarial study to determine | 4439 |
whether | 4440 |
4441 | |
negative financial impact resulting from members' participation in | 4442 |
a plan. The percentage transferred, if any, shall be increased or | 4443 |
decreased to reflect the amount needed to mitigate the negative | 4444 |
financial impact, if any, on the system, as determined by the | 4445 |
study. A change in the percentage transferred shall take effect on | 4446 |
the first day of the year following the date the conclusions of | 4447 |
the study are reported to the board. | 4448 |
| 4449 |
shall make the transfer | 4450 |
unfunded actuarial accrued liability for all benefits, except | 4451 |
health care benefits provided under section
| 4452 |
145.584 of the Revised Code and benefit increases to members and | 4453 |
former members participating in the PERS defined benefit plan | 4454 |
granted after September 21, 2000, is fully amortized, as | 4455 |
determined by the annual actuarial valuation prepared under | 4456 |
section 145.22 of the Revised Code. | 4457 |
Sec. 145.92. If a member participating in a PERS defined | 4458 |
contribution plan is married at the time benefits under the plan | 4459 |
are to commence, unless the spouse consents to another plan of | 4460 |
payment or the spouse's consent is waived, the member's | 4461 |
4462 | |
payable for life and one-half of | 4463 |
continuing after death to the surviving spouse for the life of the | 4464 |
spouse. | 4465 |
Consent is valid only if it is evidenced by a written | 4466 |
document signed by the spouse and the signature is witnessed by a | 4467 |
notary public. A plan may waive the requirement of consent if the | 4468 |
spouse is incapacitated or cannot be located or for any other | 4469 |
reason specified by the plan or in rules adopted by the public | 4470 |
employees retirement board. | 4471 |
A plan shall waive the requirement of consent if a plan of | 4472 |
payment that provides for payment in a specified portion of the | 4473 |
retirement allowance continuing after the member's death to a | 4474 |
former spouse is required by a court order issued under section | 4475 |
3105.171 or 3105.65 of the Revised Code or laws of another state | 4476 |
regarding division of marital property prior to the effective date | 4477 |
of the member's retirement. If a court order requires this plan of | 4478 |
payment, the member shall be required to annuitize the member's | 4479 |
accumulated amounts in accordance with the order. If the member is | 4480 |
married, the plan of payment selected by the member also shall | 4481 |
provide for payment to the member's current spouse, unless the | 4482 |
current spouse consents in writing to not being designated a | 4483 |
beneficiary under the plan of payment or the current spouse's | 4484 |
consent is waived by reason other than the court order. | 4485 |
Consent or waiver is effective only with regard to the spouse | 4486 |
who is the subject of the consent or waiver. | 4487 |
Sec. 145.95. (A) Subject to division (B) of this section and | 4488 |
sections 145.38, 145.56, 145.57,
| 4489 |
Revised Code, the right of a member participating in a PERS | 4490 |
defined contribution plan to any payment or benefit accruing from | 4491 |
contributions made by or on behalf of the member under sections | 4492 |
145.85 and 145.86 of the Revised Code shall vest in accordance | 4493 |
with this section. | 4494 |
A member's right to any payment or benefit that is based on | 4495 |
the member's contributions is nonforfeitable. | 4496 |
A member's right to any payment or benefit that is based on | 4497 |
contributions by the member's employer is nonforfeitable as | 4498 |
specified by the plan selected by the member. | 4499 |
(B) This section does not apply to an increase made under | 4500 |
section 145.323 of the Revised Code on or after the effective date | 4501 |
of this amendment. | 4502 |
Sec. 145.97. Each PERS defined contribution plan shall | 4503 |
permit a member participating in the plan to do all of the | 4504 |
following: | 4505 |
(A) Maintain on deposit with the public employees retirement | 4506 |
system, or the entity administering the plan pursuant to a | 4507 |
contract with the public employees retirement board, any amounts | 4508 |
that have accumulated on behalf of the member; | 4509 |
(B) If the member has withdrawn the amounts described in | 4510 |
division (A) of this section, returns to employment covered under | 4511 |
this chapter, and is participating in a plan that includes | 4512 |
definitely determinable benefits, pay to the system the amounts | 4513 |
withdrawn in accordance with rules adopted under section | 4514 |
145.80 of the Revised Code; | 4515 |
(C) Make additional deposits as permitted by the "Internal | 4516 |
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 4517 |
Sec. 742.01. As used in this chapter: | 4518 |
(A)(1) "Police department" means the police department of a | 4519 |
municipal corporation. | 4520 |
(2) "Member of a police department" means any of the | 4521 |
following: | 4522 |
(a) Any person who receives an original appointment as a | 4523 |
full-time regular police officer in a police department from a | 4524 |
duly established civil service eligible list or pursuant to | 4525 |
section 124.411 of the Revised Code, or who is described in | 4526 |
section 742.511 of the Revised Code, or who transfers from the | 4527 |
public employees retirement system to the Ohio police and fire | 4528 |
pension fund pursuant to section 742.513 of the Revised Code, or | 4529 |
who is appointed pursuant to section 737.15 or 737.16 of the | 4530 |
Revised Code as a full-time regular police officer and is paid | 4531 |
solely out of public funds of the employing municipal corporation; | 4532 |
(b) Any person who, on October 1, 1965, was contributing four | 4533 |
per cent of the person's annual salary to a police relief and | 4534 |
pension fund established under former section 741.32 of the | 4535 |
Revised Code; | 4536 |
(c) Any person who commences employment on or after September | 4537 |
16, 1998, as a full-time police officer with a police department | 4538 |
in a position in which the person is required to satisfactorily | 4539 |
complete a peace officer training course in compliance with | 4540 |
section 109.77 of the Revised Code. | 4541 |
(B)(1) "Fire department" means a fire department of the state | 4542 |
or an instrumentality of the state or of a municipal corporation, | 4543 |
township, joint fire district, or other political subdivision. | 4544 |
(2) "Member of a fire department" means all of the following: | 4545 |
(a) Any person who commences employment after November 8, | 4546 |
1990, as a full-time firefighter with a fire department, in a | 4547 |
position in which the person is required to satisfactorily | 4548 |
complete or have satisfactorily completed a firefighter training | 4549 |
course approved under former section 3303.07 or section 4765.55 or | 4550 |
conducted under section 3737.33 of the Revised Code; | 4551 |
(b) Any person who has elected under section 742.515 of the | 4552 |
Revised Code to be transferred from the public employees | 4553 |
retirement system to the Ohio police and fire pension fund; | 4554 |
(c) Any full-time firefighter who, on November 8, 1990, is a | 4555 |
member of the Ohio police and fire pension fund. | 4556 |
(C) "Employee" means any person who is a member of a police | 4557 |
department or a member of a fire department. | 4558 |
(D) "Employer" means the government entity by which an | 4559 |
employee is employed and paid. | 4560 |
(E) "Member of the fund" means any person, except an other | 4561 |
system retirant as defined in section 742.26 of the Revised Code, | 4562 |
who is contributing a percentage of the person's annual salary to | 4563 |
the Ohio police and fire pension fund or who is receiving a | 4564 |
disability benefit or pension from the fund as a result of service | 4565 |
in a police or fire department. A person, other than an other | 4566 |
system retirant, who is contributing a percentage of the person's | 4567 |
annual salary to the fund and is dismissed, resigns, or is granted | 4568 |
a leave of absence from a police or fire department shall be | 4569 |
considered a "member of the fund" for a period of twelve months | 4570 |
after the first day of the dismissal, resignation, or leave of | 4571 |
absence, provided the sum deducted from the person's salary and | 4572 |
credited to the person's account in the fund remains on deposit in | 4573 |
the fund. | 4574 |
(F) "Year," for the purpose of determining benefits, means | 4575 |
any twelve consecutive calendar months of active service as a | 4576 |
member of the fund, or, in the case of a member whose salary is | 4577 |
paid weekly or biweekly, fifty-two consecutive weeks of active | 4578 |
service as a member. | 4579 |
(G) "Average annual salary" means the highest average annual | 4580 |
salary of a member of the fund during any | 4581 |
years of contributions specified in section 742.37 or 742.39 of | 4582 |
the Revised Code, as appropriate, and determined by dividing the | 4583 |
member's total salary as an employee during | 4584 |
4585 |
(H) "Normal service pension benefit" means the pension | 4586 |
benefit payable to a member of the fund under division (C)(1) of | 4587 |
section 742.37 of the Revised Code upon | 4588 |
attainment of the applicable age listed in that section. | 4589 |
(I) "Retirement allowance" means the total pension benefit or | 4590 |
disability benefit to which a member of the fund may be entitled | 4591 |
under division (C) of section 742.37 or section 742.39 of the | 4592 |
Revised Code. | 4593 |
(J) "Fiduciary" means a person who does any of the following: | 4594 |
(1) Exercises any discretionary authority or control with | 4595 |
respect to the management of the system, or with respect to the | 4596 |
management or disposition of its assets; | 4597 |
(2) Renders investment advice for a fee, direct or indirect, | 4598 |
with respect to money or property of the system; | 4599 |
(3) Has any discretionary authority or responsibility in the | 4600 |
administration of the system. | 4601 |
(K) "Terminal pay" means the following payments made by an | 4602 |
employer to an employee | 4603 |
employment regardless of whether the payments are made before or | 4604 |
after termination: | 4605 |
(1) Payments for accrued but unused leave, including sick | 4606 |
leave, vacation, personal leave, and compensatory time; | 4607 |
(2) Payments deferred more than one year compensating the | 4608 |
employee for holidays worked or for longevity; | 4609 |
(3) Payments for overtime worked that are not included
| 4610 |
in the payroll for the period in which the overtime is worked or | 4611 |
4612 | |
than sixty days after the overtime is worked; | 4613 |
(4) Other payments that are not compensation for services | 4614 |
rendered in the last pay period in which services were rendered | 4615 |
and are designated as terminal pay by rule of the board of | 4616 |
trustees of the Ohio police and fire pension fund. The board shall | 4617 |
not designate as terminal pay payments deferred one year or less | 4618 |
compensating an employee for holidays worked or for longevity. | 4619 |
(L)(1) Except as otherwise provided in this division, | 4620 |
"salary" means all compensation, wages, and other earnings paid to | 4621 |
an employee by reason of employment, but without regard to whether | 4622 |
compensation, wages, or other earnings are treated as deferred | 4623 |
income for federal income tax purposes. "Salary" includes payments | 4624 |
for overtime that are made not later than the payroll following | 4625 |
the payroll period in which the overtime is worked. | 4626 |
(2) "Salary" does not include any of the following: | 4627 |
(a) Compensation for services outside the scope of an | 4628 |
employee's regular employment; | 4629 |
(b) Reimbursement of expenses; | 4630 |
(c) Terminal pay; | 4631 |
(d) Payments for accrued but unused sick leave or personal | 4632 |
leave, or vacation pay covering periods for which salary, | 4633 |
compensation, or benefits are paid; | 4634 |
(e) Payments made under division (B), (C), or (E) of section | 4635 |
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill | 4636 |
No. 3 of the 119th general assembly, Section 3 of Amended | 4637 |
Substitute Senate Bill No. 164 of the 124th general assembly, or | 4638 |
Amended Substitute House Bill No. 405 of the 124th general | 4639 |
assembly; | 4640 |
(f) Payments made to or on behalf of an employee that are in | 4641 |
excess of the annual compensation that may be taken into account | 4642 |
by the fund under division (a)(17) of section 401 of the "Internal | 4643 |
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 401(a)(17), as | 4644 |
amended. | 4645 |
(3) The board shall determine by rule whether any | 4646 |
compensation, wages, or earnings not enumerated in this division | 4647 |
is salary, and its decision shall be final. | 4648 |
(M) "Actuary" means an individual who satisfies all of the | 4649 |
following requirements: | 4650 |
(1) Is a member of the American academy of actuaries; | 4651 |
(2) Is an associate or fellow of the society of actuaries; | 4652 |
(3) Has a minimum of five years' experience in providing | 4653 |
actuarial services to public retirement plans. | 4654 |
Sec. 742.31. Each employee shall contribute an amount equal | 4655 |
to | 4656 |
police and fire pension fund | 4657 |
schedule: | 4658 |
(A) For salary earned on or before the last day of the | 4659 |
employer's payroll period ending not later than thirty-one days | 4660 |
after the effective date of this section, ten per cent; | 4661 |
(B) For salary earned after the day described in division (A) | 4662 |
of this section but on or before the last day of the employer's | 4663 |
last payroll period ending in December 2011, ten and one-half per | 4664 |
cent; | 4665 |
(C) For salary earned after the last day of the employer's | 4666 |
last payroll period ending in December 2011, but on or before the | 4667 |
last day of the employer's last payroll period ending in December | 4668 |
2012, eleven per cent; | 4669 |
(D) For salary earned after the last day of the employer's | 4670 |
last payroll period ending in December 2012, but on or before the | 4671 |
last day of the employer's last payroll period ending in December | 4672 |
2013, eleven and one-half per cent; | 4673 |
(E) For salary earned after the last day of the employer's | 4674 |
last payroll period ending in December 2013, twelve per cent. | 4675 |
The amount shall be deducted by the employer from the | 4676 |
employee's salary as defined in division (L) of section 742.01 of | 4677 |
the Revised Code for each payroll period, irrespective of whether | 4678 |
the minimum compensation provided by law for the employee is | 4679 |
reduced thereby. Every employee shall be deemed to consent to the | 4680 |
deductions, and payment to the employee less the deductions is a | 4681 |
complete discharge and acquittance of all claims and demands for | 4682 |
the services rendered by the employee during the period covered by | 4683 |
such payment. | 4684 |
Sec. 742.33. (A) Each employer shall pay | 4685 |
on such dates as the board of trustees of the Ohio police and fire | 4686 |
pension fund requires, from its general fund, or from a levy | 4687 |
imposed pursuant to division (J) or (W) of section 5705.19 of the | 4688 |
Revised Code, to the fund an amount known as the "police officer | 4689 |
employers' contribution," which shall be nineteen and one-half per | 4690 |
cent of the salaries as defined in division (L) of section 742.01 | 4691 |
of the Revised Code of the members of the police department of the | 4692 |
employer. | 4693 |
(B) The taxing authority of each municipal corporation in | 4694 |
which there was a police relief and pension fund on October 1, | 4695 |
1965, shall annually, in the manner provided for making other | 4696 |
municipal levies and in addition to all other levies authorized by | 4697 |
law, levy a tax of three-tenths of one mill upon all the real and | 4698 |
personal property as listed for taxation in the municipal | 4699 |
corporation for the purpose of paying the police officer | 4700 |
employers' contribution and the municipal corporation's accrued | 4701 |
liability for its former police relief and pension fund and | 4702 |
interest thereon, and of defraying the current operating expenses | 4703 |
of the municipal corporation. The annual revenues derived from the | 4704 |
tax shall be used in the following order: | 4705 |
(1) First, to pay the current police officer employers' | 4706 |
contribution and any interest related thereto; | 4707 |
(2) Second, to pay any accrued liability chargeable to the | 4708 |
municipal corporation during the current calendar year for its | 4709 |
former police relief and pension fund and any interest related | 4710 |
thereto; | 4711 |
(3) Third, to defray the current operating expenses of the | 4712 |
municipal corporation. | 4713 |
Sec. 742.34. (A) Each employer shall pay | 4714 |
on such dates as the board of trustees of the Ohio police and fire | 4715 |
pension fund requires, from its general fund, or from a levy | 4716 |
imposed pursuant to division (I) or (W) of section 5705.19 of the | 4717 |
Revised Code, to the fund an amount known as the "firefighter | 4718 |
employers' contribution," which shall be twenty-four per cent of | 4719 |
the salaries as defined in division (L) of section 742.01 of the | 4720 |
Revised Code of the members of the fire department of the | 4721 |
employer. | 4722 |
(B) The taxing authority of each municipal corporation in | 4723 |
which there was a firemen's relief and pension fund on October 1, | 4724 |
1965, shall annually, in the manner provided for making other | 4725 |
municipal levies and in addition to all other levies authorized by | 4726 |
law, levy a tax of three-tenths of one mill upon all the real and | 4727 |
personal property as listed for taxation in the municipal | 4728 |
corporation for the purpose of paying the firefighter employers' | 4729 |
contribution and the municipal corporation's accrued liability for | 4730 |
its former firemen's relief and pension fund and interest thereon, | 4731 |
and of defraying the current operating expenses of the municipal | 4732 |
corporation. The annual revenues derived from the tax shall be | 4733 |
used in the following order: | 4734 |
(1) First, to pay the current firefighter employers' | 4735 |
contribution and any interest related thereto; | 4736 |
(2) Second, to pay any accrued liability chargeable to the | 4737 |
municipal corporation during the current calendar year for its | 4738 |
former firemen's relief and pension fund and any interest related | 4739 |
thereto; | 4740 |
(3) Third, to defray the current operating expenses of the | 4741 |
municipal corporation. | 4742 |
Sec. 742.35. | 4743 |
4744 | |
4745 |
Each employer shall pay its | 4746 |
contribution and firefighter employers' contribution in
| 4747 |
monthly installments | 4748 |
742.34 of the Revised Code.
| 4749 |
4750 | |
4751 | |
than the thirtieth day after the last day of the month for which | 4752 |
the police officer or firefighter employee contributions were | 4753 |
withheld. If an employer fails to make the required installment by | 4754 |
the date it is due, a penalty determined under section 742.352 of | 4755 |
the Revised Code shall be assessed against the employer. In | 4756 |
addition, interest on past due accounts and penalties may be | 4757 |
charged at a rate determined by the board from the date the | 4758 |
installment is due to the date of payment. | 4759 |
Upon certification by the board to the county auditor of an | 4760 |
amount due from any employer within the county who is subject to | 4761 |
this chapter, by reason of such employer's delinquency in making | 4762 |
employer contribution payments to the fund | 4763 |
amount shall be withheld from such employer from any funds in the | 4764 |
hands of the county treasurer for distribution to such employer. | 4765 |
Upon receipt of such certification, the county auditor shall draw | 4766 |
a warrant against such funds in favor of the fund for the amount. | 4767 |
Sec. 742.37. The board of trustees of the Ohio police and | 4768 |
fire pension fund shall adopt rules for the management of the fund | 4769 |
and for the disbursement of benefits and pensions as set forth in | 4770 |
this section and section 742.39 of the Revised Code. Any payment | 4771 |
of a benefit or pension under this section is subject to the | 4772 |
provisions of section 742.461 of the Revised Code. Notwithstanding | 4773 |
any other provision of this section, no pension or benefit paid or | 4774 |
determined under division (B) or (C) of this section or section | 4775 |
742.39 of the Revised Code shall exceed the limit established by | 4776 |
section 415 of the "Internal Revenue Code of 1986," 100 Stat. | 4777 |
2085, 26 U.S.C.A. 415, as amended. | 4778 |
(A) Persons who were receiving benefit or pension payments | 4779 |
from a police relief and pension fund established under former | 4780 |
section 741.32 of the Revised Code, or from a firemen's relief and | 4781 |
pension fund established under former section 521.02 or 741.02 of | 4782 |
the Revised Code, at the time the assets of the fund were | 4783 |
transferred to the Ohio police and fire pension fund, known at | 4784 |
that time as the police and firemen's disability and pension fund, | 4785 |
shall receive benefit and pension payments from the Ohio police | 4786 |
and fire pension fund in the same amount and subject to the same | 4787 |
conditions as such payments were being made from the former fund | 4788 |
on the date of the transfer. | 4789 |
(B) A member of the fund who, pursuant to law, elected to | 4790 |
receive benefits and pensions from a police relief and pension | 4791 |
fund established under former section 741.32 of the Revised Code, | 4792 |
or from a firemen's relief and pension fund established under | 4793 |
former section 741.02 of the Revised Code, in accordance with the | 4794 |
rules of the fund governing the granting of benefits or pensions | 4795 |
therefrom in force on April 1, 1947, shall receive benefits and | 4796 |
pensions from the Ohio police and fire pension fund in accordance | 4797 |
with such rules; provided, that any member of the fund who is not | 4798 |
receiving a benefit or pension from the fund on August 12, 1975, | 4799 |
may, upon application for a benefit or pension to be received on | 4800 |
or after August 12, 1975, elect to receive a benefit or pension in | 4801 |
accordance with division (C) of this section. | 4802 |
(C) Members of the fund who have not elected to receive | 4803 |
benefits and pensions from a police relief and pension fund or a | 4804 |
firemen's relief and pension fund in accordance with the rules of | 4805 |
the fund in force on April 1, 1947, shall receive pensions and | 4806 |
benefits in accordance with the following provisions: | 4807 |
(1) A member of the fund who has | 4808 |
of | 4809 |
attained | 4810 |
4811 | |
4812 | |
whose membership began before January 1, 2011, and fifty-two for a | 4813 |
member whose membership began on or after that date. | 4814 |
Upon notifying the board in writing of the election, the | 4815 |
member shall receive an annual pension, payable in twelve monthly | 4816 |
installments, in an amount equal to a percentage of the member's | 4817 |
average annual salary. | 4818 |
had fifteen or more years of service credit, the average annual | 4819 |
salary shall be determined using three years of contributions. If, | 4820 |
as of that date, the member had less than fifteen years of service | 4821 |
credit, the average annual salary shall be determined using five | 4822 |
years of contributions. | 4823 |
The percentage shall be the sum of two and one-half per cent | 4824 |
for each of the first twenty years | 4825 |
of service | 4826 |
the twenty-first to twenty-fifth years
| 4827 |
4828 | |
per cent for each year in excess of twenty-five years
| 4829 |
4830 | |
pension shall not exceed seventy-two per cent of the member's | 4831 |
average annual salary. | 4832 |
A member who | 4833 |
service credit, has resigned or been discharged, and has left the | 4834 |
sum deducted from the member's salary on deposit in the pension | 4835 |
fund shall | 4836 |
be entitled to receive a normal service pension benefit computed | 4837 |
and paid under division (C)(1) of this section. | 4838 |
While participating in the deferred retirement option plan | 4839 |
established under section 742.43 of the Revised Code, a member | 4840 |
shall not be considered to have elected retirement under division | 4841 |
(C)(1) of this section. On notifying the board under division | 4842 |
(B)(1) of section 742.444 of the Revised Code of the member's | 4843 |
election to terminate active service, a member described in | 4844 |
division (B) of that section shall receive an annual pension under | 4845 |
division (C)(1) of this section calculated in accordance with | 4846 |
section 742.442 of the Revised Code and rules that shall be | 4847 |
adopted by the board of trustees of the Ohio police and fire | 4848 |
pension fund. | 4849 |
(2) A member of the fund who has | 4850 |
4851 | |
and who voluntarily resigns or is discharged from the department | 4852 |
for any reason other than dishonesty, cowardice, intemperate | 4853 |
habits, or conviction of a felony, shall receive an annual | 4854 |
pension, payable in twelve monthly installments, in an amount | 4855 |
equal to one and one-half per cent of the member's average annual | 4856 |
salary multiplied by the number of full years of the | 4857 |
4858 | |
of January 1, 2011, the member had fifteen or more years of | 4859 |
service credit, the average annual salary shall be determined | 4860 |
using three years of contributions. If, as of that date, the | 4861 |
member had less than fifteen years of service credit, the average | 4862 |
annual salary shall be determined using five years of | 4863 |
contributions. | 4864 |
If a member's membership began before January 1, 2011, the | 4865 |
pension payments shall not commence until the member has attained | 4866 |
the age of forty-eight years and until twenty-five years have | 4867 |
elapsed from the date on which the member became a full-time | 4868 |
regular police officer or firefighter | 4869 |
payments shall not commence for a member whose membership began on | 4870 |
or after January 1, 2011, until the member has attained the age of | 4871 |
fifty-two years and until twenty-five years have elapsed from the | 4872 |
date on which the member became a full-time regular police officer | 4873 |
or firefighter. | 4874 |
(3) A member of the fund who has | 4875 |
years of | 4876 |
who has attained sixty-two years of age, may retire from the | 4877 |
department and, upon notifying the board in writing of the | 4878 |
election to retire, shall receive an annual pension, payable in | 4879 |
twelve monthly installments, in an amount equal to a percentage of | 4880 |
the member's average annual salary. If, as of January 1, 2011, the | 4881 |
member had fifteen or more years of service credit, the average | 4882 |
annual salary shall be determined using three years of | 4883 |
contributions. If, as of that date, the member had less than | 4884 |
fifteen years of service credit, the average annual salary shall | 4885 |
be determined using five years of contributions. The percentage | 4886 |
shall be the sum of two and one-half per cent for each of the | 4887 |
first twenty years
| 4888 |
4889 | |
to twenty-fifth years
| 4890 |
4891 | |
year in excess of twenty-five years | 4892 |
of service | 4893 |
exceed seventy-two per cent of the member's average annual salary. | 4894 |
(4) A member of the fund whose membership began on or after | 4895 |
January 1, 2011, and who has twenty-five years of service credit | 4896 |
and has attained forty-eight years of age may elect to retire. | 4897 |
Upon notifying the board in writing of the election, the member | 4898 |
shall receive an annual pension, payable in twelve monthly | 4899 |
installments, in an amount determined under division (C)(1) of | 4900 |
this section except that the amount shall be reduced to be the | 4901 |
actuarial equivalent, as determined by the fund's actuary, of the | 4902 |
amount payable had the member retired at fifty-two years of age. | 4903 |
(5) With the exception of those persons who may make | 4904 |
application for benefits as provided in section 742.26 of the | 4905 |
Revised Code, no person receiving a pension or other benefit under | 4906 |
division (C) of this section on or after July 24, 1986, shall be | 4907 |
entitled to apply for any new, changed, or different benefit. | 4908 |
If a member covered by division (C) of this section or | 4909 |
section 742.38 of the Revised Code dies prior to the time the | 4910 |
member has received a payment and leaves a surviving spouse or | 4911 |
dependent child, the surviving spouse or dependent child shall | 4912 |
receive a pension under division (D) or (E) of this section. | 4913 |
(D)(1) Except as provided in division (D)(2) of this section, | 4914 |
a surviving spouse of a deceased member of the fund or a surviving | 4915 |
spouse described in division (D)(4) of this section shall receive | 4916 |
a monthly pension as follows: | 4917 |
(a) For the period beginning July 1, 1999, and ending June | 4918 |
30, 2000, five hundred fifty dollars; | 4919 |
(b) For the period beginning July 1, 2000, and ending June | 4920 |
30, 2002, five hundred fifty dollars plus an amount determined by | 4921 |
multiplying five hundred fifty dollars by the average percentage | 4922 |
change in the consumer price index, not exceeding three per cent, | 4923 |
as was annually determined by the board under | 4924 |
742.3716 of the Revised Code as that section existed on January | 4925 |
31, 2002; | 4926 |
(c) For the period beginning July 1, 2002, and the period | 4927 |
beginning the first day of July of each year thereafter and | 4928 |
continuing for the following twelve months, an amount equal to the | 4929 |
monthly amount paid during the prior twelve-month period plus | 4930 |
sixteen dollars and fifty cents. | 4931 |
(2) A surviving spouse of a deceased member of the fund shall | 4932 |
receive a monthly pension of four hundred ten dollars if the | 4933 |
surviving spouse is eligible for a benefit under division (B) or | 4934 |
(D) of section 742.63 of the Revised Code. If the surviving spouse | 4935 |
ceases to be eligible for a benefit under division (B) or (D) of | 4936 |
section 742.63 of the Revised Code, the pension shall be | 4937 |
increased, effective the first day of the first month following | 4938 |
the day on which the surviving spouse ceases to be eligible for | 4939 |
the benefit, to the amount it would be under division (D)(1) of | 4940 |
this section had the spouse never been eligible for a benefit | 4941 |
under division (B) or (D) of section 742.63 of the Revised Code. | 4942 |
(3) A pension paid under this division shall continue during | 4943 |
the natural life of the surviving spouse. Benefits to a deceased | 4944 |
member's surviving spouse that were terminated under a former | 4945 |
version of this section that required termination due to | 4946 |
remarriage and were not resumed prior to September 16, 1998, shall | 4947 |
resume on the first day of the month immediately following receipt | 4948 |
by the board of an application on a form provided by the board. | 4949 |
(4) A surviving spouse of a deceased member of or contributor | 4950 |
to a fund established under former Chapter 521. or 741. of the | 4951 |
Revised Code whose benefit or pension was terminated or not paid | 4952 |
due to remarriage shall receive a monthly pension under division | 4953 |
(D)(1) of this section. | 4954 |
The pension shall commence on the first day of the month | 4955 |
immediately following receipt by the board of a completed | 4956 |
application on a form provided by the board and evidence | 4957 |
acceptable to the board that at the time of death the deceased | 4958 |
spouse was a member of or contributor to a police or firemen's | 4959 |
relief and pension fund established under former Chapter 521. or | 4960 |
741. of the Revised Code and that the surviving spouse's benefits | 4961 |
were terminated or not granted due to remarriage. | 4962 |
(E)(1) Each surviving child of a deceased member of the fund | 4963 |
shall receive a monthly pension until the child attains the age of | 4964 |
eighteen years, or marries, whichever event occurs first. A | 4965 |
pension under this division, however, shall continue to be payable | 4966 |
to a child under age twenty-two who is a student in and attending | 4967 |
an institution of learning or training pursuant to a program | 4968 |
designed to complete in each school year the equivalent of at | 4969 |
least two-thirds of the full-time curriculum requirements of the | 4970 |
institution, as determined by the board. If any surviving child, | 4971 |
regardless of age at the time of the member's death, because of | 4972 |
physical or mental disability, is totally dependent upon the | 4973 |
deceased member for support at the time of death, the child shall | 4974 |
receive a monthly pension under this division during the child's | 4975 |
natural life or until the child has recovered from the disability. | 4976 |
(2) An eligible surviving child shall receive a monthly | 4977 |
pension as follows: | 4978 |
(a) For the period beginning July 1, 2001, and ending June | 4979 |
30, 2002, a monthly pension of one hundred fifty dollars plus the | 4980 |
cost of living increase | 4981 |
former section 742.3720 of the Revised Code; | 4982 |
(b) For the period beginning July 1, 2002, and ending June | 4983 |
30, 2003, one hundred sixty-three dollars and fifty cents; | 4984 |
(c) For the period beginning July 1, 2003, and the period | 4985 |
beginning the first day of each July thereafter and continuing for | 4986 |
the following twelve months, an amount equal to the monthly amount | 4987 |
paid during the prior twelve-month period plus four dollars and | 4988 |
fifty cents. | 4989 |
(F)(1) If a deceased member of the fund leaves no surviving | 4990 |
spouse or surviving children, but leaves one or two parents | 4991 |
dependent upon the deceased member for support, each parent shall | 4992 |
be paid a monthly pension. The pensions provided for in this | 4993 |
division shall be paid during the natural life of the surviving | 4994 |
parents, or until dependency ceases, or until remarriage, | 4995 |
whichever event occurs first. | 4996 |
(2) Each eligible surviving parent shall be paid a monthly | 4997 |
pension as follows: | 4998 |
(a) For the period ending June 30, 2002, one hundred six | 4999 |
dollars for each parent or two hundred twelve dollars for a sole | 5000 |
dependent parent; | 5001 |
(b) For the period beginning July 1, 2002, and ending June | 5002 |
30, 2003, one hundred nine dollars for each parent or two hundred | 5003 |
eighteen dollars for a sole dependent parent; | 5004 |
(c) For the period beginning July 1, 2003, and the first day | 5005 |
of each July thereafter and continuing for the following twelve | 5006 |
months, an amount equal to the monthly amount paid during the | 5007 |
prior twelve-month period plus three dollars for each parent or | 5008 |
six dollars for a sole dependent parent. | 5009 |
(G)(1) Subject to the provisions of section 742.461 of the | 5010 |
Revised Code, a member of the fund who voluntarily resigns or is | 5011 |
removed from active service in a police or fire department is | 5012 |
entitled to receive an amount equal to the sums deducted from the | 5013 |
member's salary and credited to the member's account in the fund, | 5014 |
except that a member receiving a disability benefit or service | 5015 |
pension is not entitled to receive any return of contributions to | 5016 |
the fund. | 5017 |
(2) A member described in division (G)(1) of this section who | 5018 |
is married at the time of application for payment and would be | 5019 |
eligible for age and service retirement under this section or | 5020 |
section 742.39 of the Revised Code but for a forfeiture ordered | 5021 |
under division (A) or (B) of section 2929.192 of the Revised Code | 5022 |
shall submit with the application a written statement by the | 5023 |
member's spouse attesting that the spouse consents to the payment | 5024 |
of the member's accumulated contributions. Consent shall be valid | 5025 |
only if it is signed and witnessed by a notary public. The board | 5026 |
may waive the requirement of consent if the spouse is | 5027 |
incapacitated or cannot be located, or for any other reason | 5028 |
specified by the board. Consent or waiver is effective only with | 5029 |
regard to the spouse who is the subject of the consent or waiver. | 5030 |
(H) On and after January 1, 1970, all pensions shall be | 5031 |
increased in accordance with the following provisions: | 5032 |
(1) A member of the fund who retired prior to January 1, | 5033 |
1967, has attained age sixty-five on January 1, 1970, and was | 5034 |
receiving a pension on December 31, 1969, pursuant to division (B) | 5035 |
or (C)(1) of this section or former division (C)(2), (3), (4), or | 5036 |
(5) of this section, shall have the pension increased by ten per | 5037 |
cent. | 5038 |
(2) The monthly pension payable to eligible surviving spouses | 5039 |
under division (D) of this section shall be increased by forty | 5040 |
dollars for each surviving spouse receiving a pension on December | 5041 |
31, 1969. | 5042 |
(3) The monthly pension payable to each eligible child under | 5043 |
division (E) of this section shall be increased by ten dollars for | 5044 |
each child receiving a pension on December 31, 1969. | 5045 |
(4) The monthly pension payable to each eligible dependent | 5046 |
parent under division (F) of this section shall be increased by | 5047 |
thirty dollars for each parent receiving a pension on December 31, | 5048 |
1969. | 5049 |
(5) A member of the fund, including a survivor of a member, | 5050 |
who is receiving a pension in accordance with the rules governing | 5051 |
the granting of pensions and benefits in force on April 1, 1947, | 5052 |
that provide an increase in the original pension from time to time | 5053 |
pursuant to changes in the salaries of active members, shall not | 5054 |
be eligible for the benefits provided in this division. | 5055 |
(I) On and after January 1, 1977, a member of the fund who | 5056 |
was receiving a pension or benefit on December 31, 1973, under | 5057 |
division (A), (B), (C)(1), or former division (C)(2) or (7) of | 5058 |
this section shall have the pension or benefit increased as | 5059 |
follows: | 5060 |
(1) If the member's annual pension or benefit is less than | 5061 |
two thousand seven hundred dollars, it shall be increased to three | 5062 |
thousand dollars. | 5063 |
(2) If the member's annual pension or benefit is two thousand | 5064 |
seven hundred dollars or more, it shall be increased by three | 5065 |
hundred dollars. | 5066 |
The following shall not be eligible to receive increased | 5067 |
pensions or benefits as provided in this division: | 5068 |
(a) A member of the fund who is receiving a pension or | 5069 |
benefit in accordance with the rules in force on April 1, 1947, | 5070 |
governing the granting of pensions and benefits, which provide an | 5071 |
increase in the original pension or benefit from time to time | 5072 |
pursuant to changes in the salaries of active members; | 5073 |
(b) A member of the fund who is receiving a pension or | 5074 |
benefit under division (A) or (B) of this section, based on funded | 5075 |
volunteer or funded part-time service, or off-duty disability, or | 5076 |
partial on-duty disability, or early vested service; | 5077 |
(c) A member of the fund who is receiving a pension under | 5078 |
division (C)(1) of this section, based on funded volunteer or | 5079 |
funded part-time service. | 5080 |
(J) On and after July 1, 1977, a member of the fund who was | 5081 |
receiving an annual pension or benefit on December 31, 1973, | 5082 |
pursuant to division (B) of this section, based upon partial | 5083 |
disability, off-duty disability, or early vested service, or | 5084 |
pursuant to former division (C)(3), (5), or (6) of this section, | 5085 |
shall have such annual pension or benefit increased by three | 5086 |
hundred dollars. | 5087 |
The following are not eligible to receive the increase | 5088 |
provided by this division: | 5089 |
(1) A member of the fund who is receiving a pension or | 5090 |
benefit in accordance with the rules in force on April 1, 1947, | 5091 |
governing the granting of pensions and benefits, which provide an | 5092 |
increase in the original pension or benefit from time to time | 5093 |
pursuant to changes in the salaries of active members; | 5094 |
(2) A member of the fund who is receiving a pension or | 5095 |
benefit under division (B) or (C)(2) of this section or former | 5096 |
division (C)(3), (5), or (6) of this section based on volunteer or | 5097 |
part-time service. | 5098 |
(K)(1) Except as otherwise provided in this division, every | 5099 |
person who on July 24, 1986, is receiving an age and service or | 5100 |
disability pension, allowance, or benefit pursuant to this chapter | 5101 |
in an amount less than thirteen thousand dollars a year that is | 5102 |
based upon an award made effective prior to February 28, 1984, | 5103 |
shall receive an increase of six hundred dollars a year or the | 5104 |
amount necessary to increase the pension or benefit to four | 5105 |
thousand two hundred dollars after all adjustments required by | 5106 |
this section, whichever is greater. | 5107 |
(2) Division (K)(1) of this section does not apply to the | 5108 |
following: | 5109 |
(a) A member of the fund who is receiving a pension or | 5110 |
benefit in accordance with rules in force on April 1, 1947, that | 5111 |
govern the granting of pensions and benefits and that provide an | 5112 |
increase in the original pension or benefit from time to time | 5113 |
pursuant to changes in the salaries of active members; | 5114 |
(b) A member of the fund who is receiving a pension or | 5115 |
benefit based on funded volunteer or funded part-time service. | 5116 |
(L) On and after July 24, 1986: | 5117 |
(1) The pension of each person receiving a pension under | 5118 |
division (D) of this section on July 24, 1986, shall be increased | 5119 |
to three hundred ten dollars per month. | 5120 |
(2) The pension of each person receiving a pension under | 5121 |
division (E) of this section on July 24, 1986, shall be increased | 5122 |
to ninety-three dollars per month. | 5123 |
Sec. 742.3716. (A)(1) As used in this section: | 5124 |
(a) "Eligible person" means a person who meets all of the | 5125 |
following conditions: | 5126 |
(i) Has been receiving a pension or benefit under this | 5127 |
chapter for one year or more based on an award made on or after | 5128 |
July 24, 1986; | 5129 |
(ii) Has not made the election provided for in division (B) | 5130 |
of this section and is not the spouse or survivor of a member who | 5131 |
has made the election provided for in division (B) of this | 5132 |
section; | 5133 |
(iii) | 5134 |
5135 |
| 5136 |
benefit in accordance with division (A), (B), or (C) of section | 5137 |
742.37, division (C)(2), (3), (4), or (5) of | 5138 |
as that section existed on September 15, 1998, section 742.3711, | 5139 |
or section 742.39 of the Revised Code. | 5140 |
(b) "Recalculated average annual salary" means the highest | 5141 |
average annual compensation of a member of the Ohio police and | 5142 |
fire pension fund during any three years of contributions, | 5143 |
including amounts included in terminal pay attributable to such | 5144 |
three years, determined by dividing the member's total earnings as | 5145 |
an employee during such years by three. | 5146 |
(2) In the case of a member participating in the deferred | 5147 |
retirement option plan established under section 742.43 of the | 5148 |
Revised Code or a member described in division (B) of section | 5149 |
742.444 of the Revised Code, the period of one year or more | 5150 |
described in division (A)(1)(a)(i) of this section begins on the | 5151 |
effective date of the member's election under section 742.44 of | 5152 |
the Revised Code. | 5153 |
(B)(1) Notwithstanding section 742.37 or 742.39 of the | 5154 |
Revised Code, a member of the fund who is not receiving a pension | 5155 |
or benefit under this chapter and who on January 1, 1989, has | 5156 |
5157 | |
5158 | |
future benefit or pension paid to the member or the member's | 5159 |
spouse or survivors under this chapter calculated on the basis of | 5160 |
the member's recalculated average annual salary rather than the | 5161 |
member's average annual salary as determined under section 742.37 | 5162 |
or 742.39 of the Revised Code. The election shall be made by the | 5163 |
member prior to or at the time of making an election under section | 5164 |
742.3711 of the Revised Code. This division does not apply to a | 5165 |
member of the fund who elected to participate in the deferred | 5166 |
retirement option plan established under section 742.43 of the | 5167 |
Revised Code unless the member's participation has terminated | 5168 |
pursuant to division (C) of section 742.444 or to section 742.445 | 5169 |
of the Revised Code. | 5170 |
(2) If the member eligible to make the election under | 5171 |
division (B)(1) of this section dies prior to making the election | 5172 |
and at the time of death is eligible to retire and receive a | 5173 |
pension or benefit under division (C)(1) or (3) of section 742.37 | 5174 |
of the Revised Code, the person entitled to receive a benefit | 5175 |
under section 742.3714 of the Revised Code may make the election | 5176 |
provided for in division (B)(1) of this section. | 5177 |
(3) The election under division (B)(1) or (2) of this section | 5178 |
shall be made on forms provided by the trustees of the fund. Once | 5179 |
received by the fund, the election shall be irrevocable and shall | 5180 |
bind the member and any other person who receives a pension or | 5181 |
benefit based on the member's service. No person who receives a | 5182 |
pension or benefit calculated in accordance with division (B) of | 5183 |
this section is eligible to receive a cost-of-living allowance | 5184 |
under this section. If the person making the election receives a | 5185 |
benefit under section 742.3714 of the Revised Code, that person is | 5186 |
not eligible to receive a cost-of-living allowance under section | 5187 |
742.3711 of the Revised Code. | 5188 |
(C)(1) The board of trustees of the Ohio police and fire | 5189 |
pension fund shall annually increase all benefits payable to | 5190 |
eligible persons by three per cent, except that no benefit shall | 5191 |
exceed the limit established by section 415 of the "Internal | 5192 |
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as | 5193 |
amended. | 5194 |
The first increase is payable to all eligible persons who on | 5195 |
July 1, 1988, have been receiving a pension or benefit for twelve | 5196 |
months or longer. The increase is payable for the ensuing | 5197 |
twelve-month period or until the next increase is granted under | 5198 |
this section, whichever is later. | 5199 |
The date of the first increase paid under this section shall | 5200 |
be the anniversary date for future increases. The pension or | 5201 |
benefit used in the first calculation of an increase under this | 5202 |
section shall remain as the base for all future increases paid | 5203 |
under this section, unless a new base is established by law. In | 5204 |
the case of a member who has elected to participate in the | 5205 |
deferred retirement option plan established under section 742.43 | 5206 |
of the Revised Code or a member described in division (B) of | 5207 |
section 742.444 of the Revised Code, the pension amount used in | 5208 |
the first calculation of an increase under this section shall be | 5209 |
the amount calculated under section 742.442 of the Revised Code | 5210 |
unless the member's participation has terminated pursuant to | 5211 |
division (C) of section 742.444 or to section 742.445 of the | 5212 |
Revised Code. | 5213 |
(2) Increases paid in years subsequent to the year of the | 5214 |
first increase paid under this section shall be paid to all | 5215 |
eligible persons who, on the date that the increase is authorized | 5216 |
by the board, have been receiving a pension or benefit for twelve | 5217 |
months. | 5218 |
| 5219 |
alternate payee under section 742.462 of the Revised Code, | 5220 |
increases under this section granted while the order is in effect | 5221 |
shall be apportioned between the alternate payee and the benefit | 5222 |
recipient in the same proportion that the amount being paid to the | 5223 |
alternate payee bears to the amount paid to the benefit recipient. | 5224 |
If payment of a portion of a retirement allowance is made to | 5225 |
one or more beneficiaries under "option 4" under division (A)(4) | 5226 |
of section 742.3711 of the Revised Code, each increase under this | 5227 |
section granted while the plan of payment is in effect shall be | 5228 |
divided among the designated beneficiaries in accordance with the | 5229 |
portion each beneficiary has been allocated. | 5230 |
Sec. 742.38. (A)(1) The board of trustees of the Ohio police | 5231 |
and fire pension fund shall adopt rules establishing minimum | 5232 |
medical testing and diagnostic standards or procedures to be | 5233 |
incorporated into physical examinations administered by physicians | 5234 |
to prospective members of the fund. The standards or procedures | 5235 |
shall include diagnosis and evaluation of the existence of any | 5236 |
heart disease, cardiovascular disease, or respiratory disease. The | 5237 |
rules shall specify the form of the physician's report and the | 5238 |
information to be included in it. | 5239 |
The board shall notify all employers of the establishment of | 5240 |
the minimum standards or procedures and shall include with the | 5241 |
notice a copy of the standards or procedures. The board shall | 5242 |
notify all employers of any changes made to the standards or | 5243 |
procedures. Once the standards or procedures take effect, | 5244 |
employers shall cause each prospective member of the fund to | 5245 |
submit to a physical examination that incorporates the standards | 5246 |
or procedures. | 5247 |
(2) Division (A)(2) of this section applies to an employee | 5248 |
who becomes a member of the fund on or after the date the minimum | 5249 |
standards or procedures described in division (A)(1) of this | 5250 |
section take effect. For each employee described in division | 5251 |
(A)(2) of this section, the employer shall forward to the board a | 5252 |
copy of the physician's report of a physical examination that | 5253 |
incorporates the standards or procedures described in division | 5254 |
(A)(1) of this section. If an employer fails to forward the report | 5255 |
in the form required by the board on or before the date that is | 5256 |
sixty days after the employee becomes a member of the fund, the | 5257 |
board shall assess against the employer a penalty determined under | 5258 |
section 742.353 of the Revised Code. | 5259 |
(B) Application for a disability benefit may be made by a | 5260 |
member of the fund or, if the member is incapacitated as defined | 5261 |
in rules adopted by the board, by a person acting on the member's | 5262 |
behalf. Not later than fourteen days after receiving an | 5263 |
application for a disability benefit from a member or a person | 5264 |
acting on behalf of a member, the board shall notify the member's | 5265 |
employer that an application has been filed. The notice shall | 5266 |
state the member's position or rank. Not later than twenty-eight | 5267 |
days after receiving the notice or filing an application on behalf | 5268 |
of a member, the employer shall forward to the board a statement | 5269 |
certifying the member's job description and any other information | 5270 |
required by the board to process the application. | 5271 |
If the member applying for a disability benefit becomes a | 5272 |
member of the fund prior to the date the minimum standards or | 5273 |
procedures described in division (A)(1) of this section take | 5274 |
effect, the board may request from the member's employer a copy of | 5275 |
the physician's report of the member's physical examination taken | 5276 |
on entry into the police or fire department or, if the employer | 5277 |
does not have a copy of the report, a written statement certifying | 5278 |
that the employer does not have a copy of the report. If an | 5279 |
employer fails to forward the report or statement in the form | 5280 |
required by the board on or before the date that is twenty-eight | 5281 |
days after the date of the request, the board shall assess against | 5282 |
the employer a penalty determined under section 742.353 of the | 5283 |
Revised Code. The board shall maintain the information submitted | 5284 |
under this division and division (A)(2) of this section in the | 5285 |
member's file. | 5286 |
(C) For purposes of determining under division (D) of this | 5287 |
section whether a member of the fund is disabled, the board shall | 5288 |
adopt rules establishing objective criteria under which the board | 5289 |
shall make the determination. The rules shall include standards | 5290 |
that provide for all of the following: | 5291 |
(1) Evaluating a member's illness or injury on which an | 5292 |
application for disability benefits is based; | 5293 |
(2) Defining the occupational duties of a police officer or | 5294 |
firefighter; | 5295 |
(3) Providing for the board to assign competent and | 5296 |
disinterested physicians and vocational evaluators to conduct | 5297 |
examinations of a member; | 5298 |
(4) Requiring a written report for each disability | 5299 |
application that includes a summary of findings, medical opinions, | 5300 |
including an opinion on whether the illness or injury upon which | 5301 |
the member's application for disability benefits is based was | 5302 |
caused or induced by the actual performance of the member's | 5303 |
official duties, and any recommendations or comments based on the | 5304 |
medical opinions; | 5305 |
(5) Providing for the board to consider the member's | 5306 |
potential for retraining or reemployment. | 5307 |
(D) This division does not apply to members of the fund who | 5308 |
have elected to receive benefits and pensions in accordance with | 5309 |
division (A) or (B) of section 742.37 of the Revised Code or from | 5310 |
a police relief and pension fund or a firemen's relief and pension | 5311 |
fund in accordance with the rules of that fund in force on April | 5312 |
1, 1947. | 5313 |
(1) As used in division (D)(1) of this section: | 5314 |
(a) "Totally disabled" means a member of the fund is unable | 5315 |
to perform the duties of any gainful occupation for which the | 5316 |
member is reasonably fitted by training, experience, and | 5317 |
accomplishments. Absolute helplessness is not a prerequisite of | 5318 |
being totally disabled. | 5319 |
(b) "Permanently disabled" means a condition of disability | 5320 |
from which there is no present indication of recovery. | 5321 |
A member of the fund who is permanently and totally disabled | 5322 |
as the result of the performance of the member's official duties | 5323 |
as a member of a police or fire department shall be paid annual | 5324 |
disability benefits in accordance with division (A) of section | 5325 |
742.39 of the Revised Code. In determining whether a member of the | 5326 |
fund is permanently and totally disabled, the board shall consider | 5327 |
standards adopted under division (C) of this section applicable to | 5328 |
the determination. | 5329 |
(2) A member of the fund who is partially disabled as the | 5330 |
result of the performance of the member's official duties as a | 5331 |
member of a police or fire department shall, if the disability | 5332 |
prevents the member from performing those duties and impairs the | 5333 |
member's earning capacity, receive annual disability benefits in | 5334 |
accordance with division (B) of section 742.39 of the Revised | 5335 |
Code. In determining whether a member of the fund is partially | 5336 |
disabled, the board shall consider standards adopted under | 5337 |
division (C) of this section applicable to the determination. | 5338 |
(3) A member of the fund who is disabled as a result of heart | 5339 |
disease or any cardiovascular or respiratory disease of a chronic | 5340 |
nature, which disease or any evidence of which disease was not | 5341 |
revealed by the physical examination passed by the member on entry | 5342 |
into the department, is presumed to have incurred the disease | 5343 |
while performing the member's official duties, unless the contrary | 5344 |
is shown by competent evidence. | 5345 |
(4) A member of the fund who has | 5346 |
of | 5347 |
incurred a disability not caused or induced by the actual | 5348 |
performance of the member's official duties as a member of the | 5349 |
department, or by the member's own negligence, shall if the | 5350 |
disability prevents the member from performing those duties and | 5351 |
impairs the member's earning capacity, receive annual disability | 5352 |
benefits in accordance with division (C) of section 742.39 of the | 5353 |
Revised Code. In determining whether a member of the fund is | 5354 |
disabled, the board shall consider standards adopted under | 5355 |
division (C) of this section applicable to the determination. | 5356 |
(5) The board shall notify a member of its final action | 5357 |
awarding a disability benefit to the member within thirty days of | 5358 |
the final action. The notice shall be sent by certified mail, | 5359 |
return receipt requested. Not later than ninety days after receipt | 5360 |
of notice from the board, the member shall elect, on a form | 5361 |
provided by the board, either to accept or waive the disability | 5362 |
benefit award. If the member elects to waive the disability | 5363 |
benefit award or fails to make an election within the time period, | 5364 |
the award is rescinded. A member who later seeks a disability | 5365 |
benefit award shall be required to make a new application, which | 5366 |
shall be dealt with in accordance with the procedures used for | 5367 |
original disability benefit applications. | 5368 |
A person is not eligible to apply for or receive disability | 5369 |
benefits under this division, section 742.39 of the Revised Code, | 5370 |
or division (C)(2), (3), (4), or (5) of former section 742.37 of | 5371 |
the Revised Code unless the person is a member of the fund on the | 5372 |
date on which the application for disability benefits is submitted | 5373 |
to the fund. | 5374 |
With the exception of persons who may make application for | 5375 |
increased benefits as provided in division (D)(2) or (4) of this | 5376 |
section or division (C)(3) or (5) of former section 742.37 of the | 5377 |
Revised Code on or after July 24, 1986, or persons who may make | 5378 |
application for benefits as provided in section 742.26 of the | 5379 |
Revised Code, no person receiving a pension or benefit under this | 5380 |
section or division (C) of former section 742.37 of the Revised | 5381 |
Code may apply for any new, changed, or different benefit. | 5382 |
Sec. 742.39. (A) A member of the Ohio police and fire | 5383 |
pension fund determined to be eligible for a disability benefit | 5384 |
under division (D)(1) of section 742.38 of the Revised Code shall | 5385 |
be paid annual disability benefits, payable in twelve monthly | 5386 |
installments, in an amount equal to seventy-two per cent of the | 5387 |
member's average annual salary. If, as of January 1, 2011, the | 5388 |
member had fifteen or more years of service credit, the average | 5389 |
annual salary shall be determined using three years of | 5390 |
contributions. If, as of that date, the member had less than | 5391 |
fifteen years of service credit, the average annual salary shall | 5392 |
be determined using five years of contributions. | 5393 |
(B) A member of the fund determined to be eligible for a | 5394 |
disability benefit under division (D)(2) of section 742.38 of the | 5395 |
Revised Code shall be paid annual disability benefits, payable in | 5396 |
twelve monthly installments. If the member has fewer than | 5397 |
twenty-five years of | 5398 |
credit, the benefit shall be in an amount fixed by the board of | 5399 |
trustees of the Ohio police and fire pension fund. The board may | 5400 |
increase or decrease the benefit whenever the board determines | 5401 |
that the impairment of the member's earning capacity warrants an | 5402 |
increase or decrease based on the standards adopted under division | 5403 |
(C) of section 742.38 of the Revised Code applicable to the | 5404 |
determination, but in no event shall the benefit exceed sixty per | 5405 |
cent of the member's average annual salary. | 5406 |
A member who has | 5407 |
5408 | |
disability benefits, payable in twelve monthly installments, in an | 5409 |
amount equal to a percentage of the member's average annual | 5410 |
salary. The percentage shall be the sum of two and one-half per | 5411 |
cent for each of the first twenty years | 5412 |
5413 | |
each of the twenty-first to twenty-fifth years | 5414 |
5415 | |
one-half per cent for each year in excess of twenty-five years | 5416 |
5417 | |
annual disability benefit shall not exceed seventy-two per cent of | 5418 |
the member's average annual salary. | 5419 |
In calculating a benefit under this division, a member's | 5420 |
average annual salary shall be determined using three years of | 5421 |
contributions if, as of January 1, 2011, the member had fifteen or | 5422 |
more years of service credit. If, as of that date, the member had | 5423 |
less than fifteen years of service credit, the average annual | 5424 |
salary shall be determined using five years of contributions. | 5425 |
(C) A member of the fund determined to be eligible for a | 5426 |
disability benefit under division (D)(4) of section 742.38 of the | 5427 |
Revised Code shall be paid annual disability benefits, payable in | 5428 |
twelve monthly installments, in an amount to be fixed by the | 5429 |
board. The board may increase or decrease the benefits whenever | 5430 |
the board determines that the impairment of the member's earning | 5431 |
capacity warrants an increase or decrease based on the standards | 5432 |
adopted under division (C) of section 742.38 of the Revised Code | 5433 |
applicable to the determination, but in no event shall a benefit | 5434 |
paid to the member exceed sixty per cent of the member's average | 5435 |
annual salary. | 5436 |
(D) Each of the following persons who on July 1, 1999, is | 5437 |
receiving annual benefits of less than six thousand six hundred | 5438 |
dollars shall have the benefits increased to that amount effective | 5439 |
July 1, 1999: | 5440 |
(1) A person receiving annual benefits described in division | 5441 |
(A) of this section; | 5442 |
(2) A person receiving annual benefits described in division | 5443 |
(C) of this section based on an award made prior to September 16, | 5444 |
1998. | 5445 |
(E) Benefits payable under this section continue until death | 5446 |
unless adjusted under division (D)(5) of section 742.38 of the | 5447 |
Revised Code or adjusted or terminated under division (C)(3) of | 5448 |
section 742.40 of the Revised Code. | 5449 |
Sec. 742.44. Except as provided in section 742.14 of the | 5450 |
Revised Code, at any time prior to filing an application for | 5451 |
retirement under division (C)(1) of section 742.37 of the Revised | 5452 |
Code, a member who has attained age fifty-two and is eligible to | 5453 |
retire under that division may elect to participate in the | 5454 |
deferred retirement option plan established under section 742.43 | 5455 |
of the Revised Code. | 5456 |
To make an election, an eligible member shall complete and | 5457 |
submit to the Ohio police and fire pension fund a form prescribed | 5458 |
by the fund. At this time the member may, but is not required to, | 5459 |
elect under section 742.3711 of the Revised Code to have the | 5460 |
member's monthly pension calculated as a retirement allowance | 5461 |
payable throughout the member's life or a retirement allowance | 5462 |
under option 2 in division (A) of section 742.3711 of the Revised | 5463 |
Code. Unless rescinded during a period specified in rules adopted | 5464 |
under section 742.43 of the Revised Code, the election is | 5465 |
irrevocable from the date it is received by the fund until the | 5466 |
employee ceases to participate in the plan as provided in section | 5467 |
742.444 of the Revised Code. | 5468 |
A member is not required to specify the number of years or | 5469 |
portion of a year the member will participate in the plan but must | 5470 |
agree to terminate active service in a police or fire department | 5471 |
and begin receiving the member's pension not later than the date | 5472 |
that is eight years after the effective date of the election to | 5473 |
participate in the plan or be subject to the forfeiture provisions | 5474 |
of division (C) of section 742.444 of the Revised Code. | 5475 |
The effective date of an election made under this section is | 5476 |
the first day of the employer's first payroll period immediately | 5477 |
following the board's receipt of the notice of election. | 5478 |
Sec. 742.444. (A) A member's participation in the deferred | 5479 |
retirement option plan ceases on the occurrence of the earliest of | 5480 |
the following: | 5481 |
(1) Termination of the member's active service in a police or | 5482 |
fire department; | 5483 |
(2) The last day of the eight-year period that begins on the | 5484 |
effective date of the member's election to participate in the | 5485 |
plan; | 5486 |
(3) Acceptance by the member of a disability benefit awarded | 5487 |
by the board of trustees of the Ohio police and fire pension fund, | 5488 |
unless the acceptance is revoked by the member in accordance with | 5489 |
rules adopted by the board; | 5490 |
(4) The member's death. | 5491 |
(B) If a member terminates active service in a police or fire | 5492 |
department not later than eight years after the effective date of | 5493 |
the member's election to participate in the plan, all of the | 5494 |
following apply: | 5495 |
(1) The member shall notify the Ohio police and fire pension | 5496 |
fund of the date of termination on a form prescribed by the fund. | 5497 |
The member is not eligible to make another election under section | 5498 |
742.44 of the Revised Code. | 5499 |
(2) If the member's termination of active service occurs on | 5500 |
or after the date that is the first day of the | 5501 |
after the effective date of the election to participate in the | 5502 |
plan, the entire amount that has accrued to the member's benefit | 5503 |
under the deferred retirement option plan shall be distributed to | 5504 |
the member pursuant to the member's selection under division | 5505 |
(B)(3) of this section. If the termination of active service | 5506 |
occurs before the date that is | 5507 |
date of the election to participate, the member shall forfeit the | 5508 |
total amount of the interest credited under division (C) of | 5509 |
section 742.443 of the Revised Code. | 5510 |
(3) The member shall select one of the following as the | 5511 |
method of distribution of the amount to be distributed to the | 5512 |
member: | 5513 |
(a) A single payment; | 5514 |
(b) Periodic payments as determined by the board. | 5515 |
The fund shall retain amounts accrued to the benefit of a | 5516 |
member under the plan until a form specifying the method of | 5517 |
distribution selected is filed with the fund by the member or an | 5518 |
authorized representative of the member. | 5519 |
The board shall afford a member who selects periodic payments | 5520 |
the opportunity at least once during each calendar year to change | 5521 |
the member's selection. | 5522 |
(4) Distribution of the amount accrued to a member's benefit | 5523 |
under the deferred retirement option plan shall not commence until | 5524 |
the date that is the first day of the | 5525 |
effective date of the election. | 5526 |
(5) The member shall select a plan of payment under section | 5527 |
742.3711 of the Revised Code for the pension payable to the member | 5528 |
under division (C) of section 742.37 of the Revised Code, unless | 5529 |
the member selected a plan of payment at the time of electing to | 5530 |
participate in the plan. The pension shall commence not later than | 5531 |
the first day of the second month following the date the employee | 5532 |
ceases to participate in the plan. | 5533 |
(C) If, at the end of the eight-year period that begins on | 5534 |
the effective date of a member's election to participate in the | 5535 |
plan, the member has failed to terminate active service in a | 5536 |
police or fire department, all of the following apply: | 5537 |
(1) No further amounts shall accrue to the member's benefit, | 5538 |
and the member shall forfeit all amounts that have accrued to the | 5539 |
member's benefit under section 742.443 of the Revised Code. The | 5540 |
amounts forfeited shall be treated as if the member had continued | 5541 |
in the active service of a police or fire department and not | 5542 |
elected to participate in the plan. | 5543 |
(2) The member shall be granted service credit for the period | 5544 |
the member was participating in the plan, and when the member's | 5545 |
pension is calculated under section 742.37 of the Revised Code, | 5546 |
the calculation shall be made as though the member had never | 5547 |
participated in the plan. | 5548 |
(3) Further contributions, and service credit for those | 5549 |
contributions, shall be credited as provided in sections 742.31 | 5550 |
through 742.34 of the Revised Code. | 5551 |
Sec. 742.63. The board of trustees of the Ohio police and | 5552 |
fire pension fund shall adopt rules for the management of the Ohio | 5553 |
public safety officers death benefit fund and for disbursements of | 5554 |
benefits as set forth in this section. | 5555 |
(A) As used in this section: | 5556 |
(1) "Member" means all of the following: | 5557 |
(a) A member of the Ohio police and fire pension fund, | 5558 |
including a member of the fund who has elected to participate in | 5559 |
the deferred retirement option plan established under section | 5560 |
742.43 of the Revised Code or a member of or contributor to a | 5561 |
police or firemen's relief and pension fund established under | 5562 |
former Chapter 521. or 741. of the Revised Code; | 5563 |
(b) A member of the state highway patrol retirement system, | 5564 |
including a member who is participating in the deferred retirement | 5565 |
option plan established under section 5505.50 of the Revised Code; | 5566 |
(c) A member of the public employees retirement system who at | 5567 |
the time of the member's death was one of the following: | 5568 |
(i) A county sheriff or deputy sheriff; | 5569 |
(ii) A full-time regular police officer in a municipal | 5570 |
corporation or township; | 5571 |
(iii) A full-time regular firefighter employed by the state, | 5572 |
an instrumentality of the state, a municipal corporation, a | 5573 |
township, a joint fire district, or another political subdivision; | 5574 |
(iv) A full-time park district ranger or patrol trooper; | 5575 |
(v) A full-time law enforcement officer of the department of | 5576 |
natural resources; | 5577 |
(vi) A full-time department of public safety enforcement | 5578 |
agent; | 5579 |
(vii) A full-time law enforcement officer of parks, waterway | 5580 |
lands, or reservoir lands under the control of a municipal | 5581 |
corporation; | 5582 |
(viii) A full-time law enforcement officer of a conservancy | 5583 |
district; | 5584 |
(ix) A correction officer at an institution under the control | 5585 |
of a county, a group of counties, a municipal corporation, or the | 5586 |
department of rehabilitation and correction; | 5587 |
(x) A state university law enforcement officer; | 5588 |
(xi) An investigator, as defined in section 109.541 of the | 5589 |
Revised Code, or an investigator commissioned as a special agent | 5590 |
of the bureau of criminal identification and investigation. | 5591 |
(xii) A drug agent, as defined in section 145.01 of the | 5592 |
Revised Code. | 5593 |
(d) A member of a retirement system operated by a municipal | 5594 |
corporation who at the time of death was a full-time law | 5595 |
enforcement officer of parks, waterway lands, or reservoir lands | 5596 |
under the control of the municipal corporation. | 5597 |
(2) Notwithstanding section 742.01 of the Revised Code, "fire | 5598 |
or police department" includes a fire department of the state or | 5599 |
an instrumentality of the state or of a municipal corporation, | 5600 |
township, joint fire district, or other political subdivision, the | 5601 |
state highway patrol, a county sheriff's office, the security | 5602 |
force of an institution under the control of the department of | 5603 |
rehabilitation and correction, the security force of a jail or | 5604 |
workhouse under the control of a county, group of counties, or | 5605 |
municipal corporation, the security force of a metropolitan, | 5606 |
county, or township park district, the security force of lands | 5607 |
under the control of the department of natural resources, | 5608 |
department of public safety enforcement agents, the security force | 5609 |
of parks, waterway lands, or reservoir lands under the control of | 5610 |
a municipal corporation, the security force of a conservancy | 5611 |
district, the police department of a township or municipal | 5612 |
corporation, and the police force of a state university. | 5613 |
(3) "Firefighter or police officer" includes a state highway | 5614 |
patrol trooper, a county sheriff or deputy sheriff, a correction | 5615 |
officer at an institution under the control of a county, a group | 5616 |
of counties, a municipal corporation, or the department of | 5617 |
rehabilitation and correction, a police officer employed by a | 5618 |
township or municipal corporation, a firefighter employed by the | 5619 |
state, an instrumentality of the state, a municipal corporation, a | 5620 |
township, a joint fire district, or another political subdivision, | 5621 |
a full-time park district ranger or patrol trooper, a full-time | 5622 |
law enforcement officer of the department of natural resources, a | 5623 |
full-time department of public safety enforcement agent, a | 5624 |
full-time law enforcement officer of parks, waterway lands, or | 5625 |
reservoir lands under the control of a municipal corporation, a | 5626 |
full-time law enforcement officer of a conservancy district, and a | 5627 |
state university law enforcement officer. | 5628 |
(4) "Correction officer" includes, in addition to any | 5629 |
correction officer, any correction corporal, sergeant, lieutenant, | 5630 |
or captain, and the equivalents of all such persons. | 5631 |
(5) "A park district ranger or patrol trooper" means a peace | 5632 |
officer commissioned to make arrests, execute warrants, and | 5633 |
preserve the peace upon lands under the control of a board of park | 5634 |
commissioners of a metropolitan, county, or township park | 5635 |
district. | 5636 |
(6) "Metropolitan, county, or township park district" means a | 5637 |
park district created under the authority of Chapter 511. or 1545. | 5638 |
of the Revised Code. | 5639 |
(7) "Conservancy district" means a conservancy district | 5640 |
created under the authority of Chapter 6101. of the Revised Code. | 5641 |
(8) "Law enforcement officer" means an officer commissioned | 5642 |
to make arrests, execute warrants, and preserve the peace upon | 5643 |
lands under the control of the governmental entity granting the | 5644 |
commission. | 5645 |
(9) "Department of natural resources law enforcement officer" | 5646 |
includes a forest officer designated pursuant to section 1503.29 | 5647 |
of the Revised Code, a preserve officer designated pursuant to | 5648 |
section 1517.10 of the Revised Code, a wildlife officer designated | 5649 |
pursuant to section 1531.13 of the Revised Code, a park officer | 5650 |
designated pursuant to section 1541.10 of the Revised Code, and a | 5651 |
state watercraft officer designated pursuant to section 1547.521 | 5652 |
of the Revised Code. | 5653 |
(10) "Retirement eligibility date" means the last day of the | 5654 |
month in which a deceased member would have first become eligible, | 5655 |
had the member lived, for the retirement pension provided under | 5656 |
section 145.33, section 145.332, Chapter 521. or 741., division | 5657 |
(C)(1) of section 742.37, or division (A)(1) of section 5505.17 of | 5658 |
the Revised Code or provided by a retirement system operated by a | 5659 |
municipal corporation. | 5660 |
(11) "Death benefit amount" means an amount equal to the full | 5661 |
monthly salary received by a deceased member prior to death, minus | 5662 |
an amount equal to the benefit received under section 145.45, | 5663 |
742.37, 742.3714, or 5505.17 of the Revised Code or the benefit | 5664 |
received from a retirement system operated by a municipal | 5665 |
corporation, plus any increases in salary that would have been | 5666 |
granted the deceased member. | 5667 |
(12) "Killed in the line of duty" means either of the | 5668 |
following: | 5669 |
(a) Death in the line of duty; | 5670 |
(b) Death from injury sustained in the line of duty, | 5671 |
including heart attack or other fatal injury or illness caused | 5672 |
while in the line of duty. | 5673 |
(B) A spouse of a deceased member shall receive a death | 5674 |
benefit each month equal to the full death benefit amount, | 5675 |
provided that the deceased member was a firefighter or police | 5676 |
officer killed in the line of duty and there are no surviving | 5677 |
children eligible for a benefit under this section. The spouse | 5678 |
shall receive this benefit during the spouse's natural life until | 5679 |
the deceased member's retirement eligibility date, on which date | 5680 |
the benefit provided under this division shall terminate. | 5681 |
(C)(1) If a member killed in the line of duty as a | 5682 |
firefighter or police officer is survived only by a child or | 5683 |
children, the child or children shall receive a benefit each month | 5684 |
equal to the full death benefit amount. If there is more than one | 5685 |
surviving child, the benefit shall be divided equally among these | 5686 |
children. | 5687 |
(2) If the death benefit paid under this division is divided | 5688 |
among two or more surviving children and any of the children | 5689 |
become ineligible to continue receiving a portion of the benefit | 5690 |
as provided in division (H) of this section, the full death | 5691 |
benefit amount shall be paid to the remaining eligible child or | 5692 |
divided among the eligible children so that the benefit paid to | 5693 |
the remaining eligible child or children equals the full death | 5694 |
benefit amount. | 5695 |
(3) Notwithstanding divisions (C)(1) and (2) of this section, | 5696 |
all death benefits paid under this division shall terminate on the | 5697 |
deceased member's retirement eligibility date. | 5698 |
(D) If a member killed in the line of duty as a firefighter | 5699 |
or police officer is survived by both a spouse and a child or | 5700 |
children, the monthly benefit provided shall be as follows: | 5701 |
(1)(a) If there is a surviving spouse and one surviving | 5702 |
child, the spouse shall receive an amount each month equal to | 5703 |
one-half of the full death benefit amount and the child shall | 5704 |
receive an amount equal to one-half of the full death benefit | 5705 |
amount. | 5706 |
(b) If the surviving spouse dies or the child becomes | 5707 |
ineligible as provided in division (H) of this section, the | 5708 |
surviving spouse or child remaining eligible shall receive the | 5709 |
full death benefit amount. | 5710 |
(2)(a) If there is a surviving spouse and more than one | 5711 |
child, the spouse shall receive an amount each month equal to | 5712 |
one-third of the full death benefit amount and the children shall | 5713 |
receive an amount, equally divided among them, equal to two-thirds | 5714 |
of the full death benefit amount. | 5715 |
(b) If a spouse and more than one child each are receiving a | 5716 |
death benefit under division (D)(2)(a) of this section and the | 5717 |
spouse dies, the children shall receive an amount each month, | 5718 |
equally divided among them, equal to the full death benefit | 5719 |
amount. | 5720 |
(c) If a spouse and more than one child each are receiving a | 5721 |
benefit under division (D)(2)(a) of this section and any of the | 5722 |
children becomes ineligible to receive a benefit as provided in | 5723 |
division (H) of this section, the spouse and remaining eligible | 5724 |
child or children shall receive a death benefit as follows: | 5725 |
(i) If there are two or more remaining eligible children, the | 5726 |
spouse shall receive an amount each month equal to one-third of | 5727 |
the full death benefit amount and the children shall receive an | 5728 |
amount each month, equally divided among them, equal to two-thirds | 5729 |
of the full death benefit amount; | 5730 |
(ii) If there is one remaining eligible child, the spouse | 5731 |
shall receive an amount each month equal to one-half of the full | 5732 |
death benefit amount, and the child shall receive an amount each | 5733 |
month equal to one-half of the full death benefit amount. | 5734 |
(d) If a spouse and more than one child each are receiving a | 5735 |
benefit under division (D)(2)(a) of this section and all of the | 5736 |
children become ineligible to receive a benefit as provided in | 5737 |
division (H) of this section, the spouse shall receive the full | 5738 |
death benefit amount. | 5739 |
(3) Notwithstanding divisions (D)(1) and (2) of this section, | 5740 |
death benefits paid under this division to a surviving spouse | 5741 |
shall terminate on the member's retirement eligibility date. Death | 5742 |
benefits paid to a surviving child or children shall terminate on | 5743 |
the deceased member's retirement eligibility date unless earlier | 5744 |
terminated pursuant to division (H) of this section. | 5745 |
(E) If a member, on or after January 1, 1980, is killed in | 5746 |
the line of duty as a firefighter or police officer and is | 5747 |
survived by only a parent or parents dependent upon the member for | 5748 |
support, the parent or parents shall receive an amount each month | 5749 |
equal to the full death benefit amount. If there is more than one | 5750 |
surviving parent dependent upon the deceased member for support, | 5751 |
the death benefit amount shall be divided equally among the | 5752 |
surviving parents. On the death of one of the surviving parents, | 5753 |
the full death benefit amount shall be paid to the other parent. | 5754 |
(F)(1) The following shall receive a monthly death benefit | 5755 |
under this division: | 5756 |
(a) A surviving spouse whose benefits are terminated in | 5757 |
accordance with division (B) or (D)(3) of this section on the | 5758 |
deceased member's retirement eligibility date, or who would | 5759 |
qualify for a benefit under division (B) or (D) of this section | 5760 |
except that the deceased member reached the member's retirement | 5761 |
eligibility date prior to the member's death; | 5762 |
(b) A qualified surviving spouse of a deceased member of or | 5763 |
contributor to a police or firemen's relief and pension fund | 5764 |
established under former Chapter 521. or 741. of the Revised Code | 5765 |
who was a firefighter or police officer killed in the line of | 5766 |
duty. | 5767 |
(2) The monthly death benefit shall be one-half of an amount | 5768 |
equal to the monthly salary received by the deceased member prior | 5769 |
to the member's death, plus any salary increases the deceased | 5770 |
member would have received prior to the member's retirement | 5771 |
eligibility date. The benefit shall terminate on the surviving | 5772 |
spouse's death. A death benefit payable under this division shall | 5773 |
be reduced by an amount equal to any allowance or benefit payable | 5774 |
to the surviving spouse under section 742.3714 of the Revised | 5775 |
Code. | 5776 |
(3) A benefit granted to a surviving spouse under division | 5777 |
(F)(1)(b) of this section shall commence on the first day of the | 5778 |
month immediately following receipt by the board of a completed | 5779 |
application on a form provided by the board and any evidence the | 5780 |
board may require to establish that the deceased spouse was killed | 5781 |
in the line of duty. | 5782 |
(G)(1) If there is not a surviving spouse eligible to receive | 5783 |
a death benefit under division (F) of this section or the | 5784 |
surviving spouse receiving a death benefit under that division | 5785 |
dies, a surviving child or children whose benefits under division | 5786 |
(C) or (D) of this section are or have been terminated pursuant to | 5787 |
division (C)(3) or (D)(3) of this section or who would qualify for | 5788 |
a benefit under division (C) or (D) of this section except that | 5789 |
the deceased member reached the member's retirement eligibility | 5790 |
date prior to the member's death shall receive a monthly death | 5791 |
benefit under this division. The monthly death benefit shall be | 5792 |
one-half of an amount equal to the monthly salary received by the | 5793 |
deceased member prior to the member's death, plus any salary | 5794 |
increases the member would have received prior to the member's | 5795 |
retirement eligibility date. If there is more than one surviving | 5796 |
child, the benefit shall be divided equally among the surviving | 5797 |
children. | 5798 |
(2) If two or more surviving children each are receiving a | 5799 |
benefit under this division and any of those children becomes | 5800 |
ineligible to continue receiving a benefit as provided in division | 5801 |
(H) of this section, the remaining eligible child or children | 5802 |
shall receive an amount equal to one-half of the monthly salary | 5803 |
received by the deceased member prior to death, plus any salary | 5804 |
increases the deceased member would have received prior to the | 5805 |
retirement eligibility date. If there is more than one remaining | 5806 |
eligible child, the benefit shall be divided equally among the | 5807 |
eligible children. | 5808 |
(3) A death benefit, or portion of a death benefit, payable | 5809 |
to a surviving child under this division shall be reduced by an | 5810 |
amount equal to any allowance or benefit payable to that child | 5811 |
under section 742.3714 of the Revised Code, but the reduction in | 5812 |
that child's benefit shall not affect the amount payable to any | 5813 |
other surviving child entitled to a portion of the death benefit. | 5814 |
(H) A death benefit paid to a surviving child under division | 5815 |
(C), (D), or (G) of this section shall terminate on the death of | 5816 |
the child or, unless one of the following is the case, when the | 5817 |
child reaches age eighteen: | 5818 |
(1) The child, because of physical or mental disability, is | 5819 |
unable to provide the child's own support, in which case the death | 5820 |
benefit shall terminate when the disability is removed; | 5821 |
(2) The child is unmarried, under age twenty-two, and a | 5822 |
student in and attending an institution of learning or training | 5823 |
pursuant to a program designed to complete in each school year the | 5824 |
equivalent of at least two-thirds of the full-time curriculum | 5825 |
requirements of the institution, as determined by the trustees of | 5826 |
the fund. | 5827 |
(I) Acceptance of any death benefit under this section does | 5828 |
not prohibit a spouse or child from receiving other benefits | 5829 |
provided under the Ohio police and fire pension fund, the state | 5830 |
highway patrol retirement system, the public employees retirement | 5831 |
system, or a retirement system operated by a municipal | 5832 |
corporation. | 5833 |
(J) No person shall receive a benefit under this section if | 5834 |
any of the following occur: | 5835 |
(1) The person fails to exercise the right to a monthly | 5836 |
survivor benefit under division (A) or (B) of section 145.45, | 5837 |
division (D), (E), or (F) of section 742.37, or division (A)(3), | 5838 |
(4), or (7) of section 5505.17 of the Revised Code; to a monthly | 5839 |
survivor benefit from a retirement system operated by a municipal | 5840 |
corporation; or to a retirement allowance under section 742.3714 | 5841 |
of the Revised Code. | 5842 |
(2) The member's accumulated contributions under this chapter | 5843 |
or Chapter 145. or 5505. of the Revised Code are refunded unless | 5844 |
the member had been a member of the public employees retirement | 5845 |
system and had fewer than eighteen months of total service credit | 5846 |
at the time of death. | 5847 |
(3) In the case of a full-time park district ranger or patrol | 5848 |
trooper, a full-time law enforcement officer of the department of | 5849 |
natural resources, a full-time law enforcement officer of parks, | 5850 |
waterway lands, or reservoir lands under the control of a | 5851 |
municipal corporation, a full-time law enforcement officer of a | 5852 |
conservancy district, a correction officer at an institution under | 5853 |
the control of a county, group of counties, or municipal | 5854 |
corporation, or a member of a retirement system operated by a | 5855 |
municipal corporation who at the time of the member's death was a | 5856 |
full-time law enforcement officer of parks, waterway lands, or | 5857 |
reservoir lands under the control of the municipal corporation, | 5858 |
the member died prior to April 9, 1981, in the case of a benefit | 5859 |
under division (B), (C), or (D) of this section, or prior to | 5860 |
January 1, 1980, in the case of a benefit under division (E) of | 5861 |
this section. | 5862 |
(4) In the case of a full-time department of public safety | 5863 |
enforcement agent who prior to June 30, 1999, was a liquor control | 5864 |
investigator of the department of public safety, the member died | 5865 |
prior to December 23, 1986; | 5866 |
(5) In the case of a full-time department of public safety | 5867 |
enforcement agent other than an enforcement agent who, prior to | 5868 |
June 30, 1999, was a liquor control investigator, the member died | 5869 |
prior to June 30, 1999. | 5870 |
(K) A surviving spouse whose benefit was terminated prior to | 5871 |
June 30, 1999, due to remarriage shall receive a benefit under | 5872 |
division (B), (D), or (F) of this section beginning on the first | 5873 |
day of the month following receipt by the board of an application | 5874 |
on a form provided by the board. The benefit amount shall be | 5875 |
determined as of that date. | 5876 |
(1) If the benefit will begin prior to the deceased member's | 5877 |
retirement eligibility date, it shall be paid under division (B) | 5878 |
or (D) of this section and shall terminate as provided in those | 5879 |
divisions. A benefit paid to a surviving spouse under division (D) | 5880 |
of this section shall be determined in accordance with that | 5881 |
division, even if benefits paid to surviving children are reduced | 5882 |
as a result. | 5883 |
(2) If the benefit will begin on or after the deceased | 5884 |
member's retirement eligibility date, it shall be paid under | 5885 |
division (F) of this section and shall terminate as provided in | 5886 |
that division. A benefit paid to a surviving spouse under division | 5887 |
(F) of this section shall be determined in accordance with that | 5888 |
division, even if benefits paid to surviving children are | 5889 |
terminated as a result. | 5890 |
Sec. 2329.66. (A) Every person who is domiciled in this | 5891 |
state may hold property exempt from execution, garnishment, | 5892 |
attachment, or sale to satisfy a judgment or order, as follows: | 5893 |
(1)(a) In the case of a judgment or order regarding money | 5894 |
owed for health care services rendered or health care supplies | 5895 |
provided to the person or a dependent of the person, one parcel or | 5896 |
item of real or personal property that the person or a dependent | 5897 |
of the person uses as a residence. Division (A)(1)(a) of this | 5898 |
section does not preclude, affect, or invalidate the creation | 5899 |
under this chapter of a judgment lien upon the exempted property | 5900 |
but only delays the enforcement of the lien until the property is | 5901 |
sold or otherwise transferred by the owner or in accordance with | 5902 |
other applicable laws to a person or entity other than the | 5903 |
surviving spouse or surviving minor children of the judgment | 5904 |
debtor. Every person who is domiciled in this state may hold | 5905 |
exempt from a judgment lien created pursuant to division (A)(1)(a) | 5906 |
of this section the person's interest, not to exceed twenty | 5907 |
thousand two hundred dollars, in the exempted property. | 5908 |
(b) In the case of all other judgments and orders, the | 5909 |
person's interest, not to exceed twenty thousand two hundred | 5910 |
dollars, in one parcel or item of real or personal property that | 5911 |
the person or a dependent of the person uses as a residence. | 5912 |
(2) The person's interest, not to exceed three thousand two | 5913 |
hundred twenty-five dollars, in one motor vehicle; | 5914 |
(3) The person's interest, not to exceed four hundred | 5915 |
dollars, in cash on hand, money due and payable, money to become | 5916 |
due within ninety days, tax refunds, and money on deposit with a | 5917 |
bank, savings and loan association, credit union, public utility, | 5918 |
landlord, or other person, other than personal earnings. | 5919 |
(4)(a) The person's interest, not to exceed five hundred | 5920 |
twenty-five dollars in any particular item or ten thousand seven | 5921 |
hundred seventy-five dollars in aggregate value, in household | 5922 |
furnishings, household goods, wearing apparel, appliances, books, | 5923 |
animals, crops, musical instruments, firearms, and hunting and | 5924 |
fishing equipment that are held primarily for the personal, | 5925 |
family, or household use of the person; | 5926 |
(b) The person's aggregate interest in one or more items of | 5927 |
jewelry, not to exceed one thousand three hundred fifty dollars, | 5928 |
held primarily for the personal, family, or household use of the | 5929 |
person or any of the person's dependents. | 5930 |
(5) The person's interest, not to exceed an aggregate of two | 5931 |
thousand twenty-five dollars, in all implements, professional | 5932 |
books, or tools of the person's profession, trade, or business, | 5933 |
including agriculture; | 5934 |
(6)(a) The person's interest in a beneficiary fund set apart, | 5935 |
appropriated, or paid by a benevolent association or society, as | 5936 |
exempted by section 2329.63 of the Revised Code; | 5937 |
(b) The person's interest in contracts of life or endowment | 5938 |
insurance or annuities, as exempted by section 3911.10 of the | 5939 |
Revised Code; | 5940 |
(c) The person's interest in a policy of group insurance or | 5941 |
the proceeds of a policy of group insurance, as exempted by | 5942 |
section 3917.05 of the Revised Code; | 5943 |
(d) The person's interest in money, benefits, charity, | 5944 |
relief, or aid to be paid, provided, or rendered by a fraternal | 5945 |
benefit society, as exempted by section 3921.18 of the Revised | 5946 |
Code; | 5947 |
(e) The person's interest in the portion of benefits under | 5948 |
policies of sickness and accident insurance and in lump sum | 5949 |
payments for dismemberment and other losses insured under those | 5950 |
policies, as exempted by section 3923.19 of the Revised Code. | 5951 |
(7) The person's professionally prescribed or medically | 5952 |
necessary health aids; | 5953 |
(8) The person's interest in a burial lot, including, but not | 5954 |
limited to, exemptions under section 517.09 or 1721.07 of the | 5955 |
Revised Code; | 5956 |
(9) The person's interest in the following: | 5957 |
(a) Moneys paid or payable for living maintenance or rights, | 5958 |
as exempted by section 3304.19 of the Revised Code; | 5959 |
(b) Workers' compensation, as exempted by section 4123.67 of | 5960 |
the Revised Code; | 5961 |
(c) Unemployment compensation benefits, as exempted by | 5962 |
section 4141.32 of the Revised Code; | 5963 |
(d) Cash assistance payments under the Ohio works first | 5964 |
program, as exempted by section 5107.75 of the Revised Code; | 5965 |
(e) Benefits and services under the prevention, retention, | 5966 |
and contingency program, as exempted by section 5108.08 of the | 5967 |
Revised Code; | 5968 |
(f) Disability financial assistance payments, as exempted by | 5969 |
section 5115.06 of the Revised Code; | 5970 |
(g) Payments under section 24 or 32 of the "Internal Revenue | 5971 |
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. | 5972 |
(10)(a) Except in cases in which the person was convicted of | 5973 |
or pleaded guilty to a violation of section 2921.41 of the Revised | 5974 |
Code and in which an order for the withholding of restitution from | 5975 |
payments was issued under division (C)(2)(b) of that section, in | 5976 |
cases in which an order for withholding was issued under section | 5977 |
2907.15 of the Revised Code, | 5978 |
forfeiture was issued under division (A) or (B) of section | 5979 |
2929.192 of the Revised Code, and in cases in which an order was | 5980 |
issued under 2929.193 of the Revised Code, and only to the extent | 5981 |
provided in the order, and except as provided in sections | 5982 |
3105.171, 3105.63, 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 | 5983 |
of the Revised Code, the person's right to a pension, benefit, | 5984 |
annuity, retirement allowance, or accumulated contributions, the | 5985 |
person's right to a participant account in any deferred | 5986 |
compensation program offered by the Ohio public employees deferred | 5987 |
compensation board, a government unit, or a municipal corporation, | 5988 |
or the person's other accrued or accruing rights, as exempted by | 5989 |
section 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or | 5990 |
5505.22 of the Revised Code, and the person's right to benefits | 5991 |
from the Ohio public safety officers death benefit fund; | 5992 |
(b) Except as provided in sections 3119.80, 3119.81, 3121.02, | 5993 |
3121.03, and 3123.06 of the Revised Code, the person's right to | 5994 |
receive a payment under any pension, annuity, or similar plan or | 5995 |
contract, not including a payment from a stock bonus or | 5996 |
profit-sharing plan or a payment included in division (A)(6)(b) or | 5997 |
(10)(a) of this section, on account of illness, disability, death, | 5998 |
age, or length of service, to the extent reasonably necessary for | 5999 |
the support of the person and any of the person's dependents, | 6000 |
except if all the following apply: | 6001 |
(i) The plan or contract was established by or under the | 6002 |
auspices of an insider that employed the person at the time the | 6003 |
person's rights under the plan or contract arose. | 6004 |
(ii) The payment is on account of age or length of service. | 6005 |
(iii) The plan or contract is not qualified under the | 6006 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as | 6007 |
amended. | 6008 |
(c) Except for any portion of the assets that were deposited | 6009 |
for the purpose of evading the payment of any debt and except as | 6010 |
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 6011 |
3123.06 of the Revised Code, the person's right in the assets held | 6012 |
in, or to receive any payment under, any individual retirement | 6013 |
account, individual retirement annuity, "Roth IRA," or education | 6014 |
individual retirement account that provides benefits by reason of | 6015 |
illness, disability, death, or age, to the extent that the assets, | 6016 |
payments, or benefits described in division (A)(10)(c) of this | 6017 |
section are attributable to any of the following: | 6018 |
(i) Contributions of the person that were less than or equal | 6019 |
to the applicable limits on deductible contributions to an | 6020 |
individual retirement account or individual retirement annuity in | 6021 |
the year that the contributions were made, whether or not the | 6022 |
person was eligible to deduct the contributions on the person's | 6023 |
federal tax return for the year in which the contributions were | 6024 |
made; | 6025 |
(ii) Contributions of the person that were less than or equal | 6026 |
to the applicable limits on contributions to a Roth IRA or | 6027 |
education individual retirement account in the year that the | 6028 |
contributions were made; | 6029 |
(iii) Contributions of the person that are within the | 6030 |
applicable limits on rollover contributions under subsections 219, | 6031 |
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B), | 6032 |
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986," | 6033 |
100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 6034 |
(d) Except for any portion of the assets that were deposited | 6035 |
for the purpose of evading the payment of any debt and except as | 6036 |
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 6037 |
3123.06 of the Revised Code, the person's right in the assets held | 6038 |
in, or to receive any payment under, any Keogh or "H.R. 10" plan | 6039 |
that provides benefits by reason of illness, disability, death, or | 6040 |
age, to the extent reasonably necessary for the support of the | 6041 |
person and any of the person's dependents. | 6042 |
(11) The person's right to receive spousal support, child | 6043 |
support, an allowance, or other maintenance to the extent | 6044 |
reasonably necessary for the support of the person and any of the | 6045 |
person's dependents; | 6046 |
(12) The person's right to receive, or moneys received during | 6047 |
the preceding twelve calendar months from, any of the following: | 6048 |
(a) An award of reparations under sections 2743.51 to 2743.72 | 6049 |
of the Revised Code, to the extent exempted by division (D) of | 6050 |
section 2743.66 of the Revised Code; | 6051 |
(b) A payment on account of the wrongful death of an | 6052 |
individual of whom the person was a dependent on the date of the | 6053 |
individual's death, to the extent reasonably necessary for the | 6054 |
support of the person and any of the person's dependents; | 6055 |
(c) Except in cases in which the person who receives the | 6056 |
payment is an inmate, as defined in section 2969.21 of the Revised | 6057 |
Code, and in which the payment resulted from a civil action or | 6058 |
appeal against a government entity or employee, as defined in | 6059 |
section 2969.21 of the Revised Code, a payment, not to exceed | 6060 |
twenty thousand two hundred dollars, on account of personal bodily | 6061 |
injury, not including pain and suffering or compensation for | 6062 |
actual pecuniary loss, of the person or an individual for whom the | 6063 |
person is a dependent; | 6064 |
(d) A payment in compensation for loss of future earnings of | 6065 |
the person or an individual of whom the person is or was a | 6066 |
dependent, to the extent reasonably necessary for the support of | 6067 |
the debtor and any of the debtor's dependents. | 6068 |
(13) Except as provided in sections 3119.80, 3119.81, | 6069 |
3121.02, 3121.03, and 3123.06 of the Revised Code, personal | 6070 |
earnings of the person owed to the person for services in an | 6071 |
amount equal to the greater of the following amounts: | 6072 |
(a) If paid weekly, thirty times the current federal minimum | 6073 |
hourly wage; if paid biweekly, sixty times the current federal | 6074 |
minimum hourly wage; if paid semimonthly, sixty-five times the | 6075 |
current federal minimum hourly wage; or if paid monthly, one | 6076 |
hundred thirty times the current federal minimum hourly wage that | 6077 |
is in effect at the time the earnings are payable, as prescribed | 6078 |
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 6079 |
U.S.C. 206(a)(1), as amended; | 6080 |
(b) Seventy-five per cent of the disposable earnings owed to | 6081 |
the person. | 6082 |
(14) The person's right in specific partnership property, as | 6083 |
exempted by | 6084 |
6085 | |
1776.50 of the Revised Code, except as otherwise set forth in | 6086 |
section 1776.50 of the Revised Code; | 6087 |
(15) A seal and official register of a notary public, as | 6088 |
exempted by section 147.04 of the Revised Code; | 6089 |
(16) The person's interest in a tuition unit or a payment | 6090 |
under section 3334.09 of the Revised Code pursuant to a tuition | 6091 |
payment contract, as exempted by section 3334.15 of the Revised | 6092 |
Code; | 6093 |
(17) Any other property that is specifically exempted from | 6094 |
execution, attachment, garnishment, or sale by federal statutes | 6095 |
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 | 6096 |
U.S.C.A. 101, as amended; | 6097 |
(18) The person's aggregate interest in any property, not to | 6098 |
exceed one thousand seventy-five dollars, except that division | 6099 |
(A)(18) of this section applies only in bankruptcy proceedings. | 6100 |
(B) On April 1, 2010, and on the first day of April in each | 6101 |
third calendar year after 2010, each dollar amount set forth in | 6102 |
this section shall be adjusted, when determining the amount that | 6103 |
is exempt from execution, garnishment, attachment, or sale | 6104 |
pursuant to this section, to reflect the change in the consumer | 6105 |
price index for all urban consumers, as published by the United | 6106 |
States department of labor, or, if that index is no longer | 6107 |
published, a generally available comparable index, for the | 6108 |
three-year period ending on the thirty-first day of December of | 6109 |
the preceding year. Any adjustments required by this division | 6110 |
shall be rounded to the nearest twenty-five dollars. | 6111 |
(C) As used in this section: | 6112 |
(1) "Disposable earnings" means net earnings after the | 6113 |
garnishee has made deductions required by law, excluding the | 6114 |
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02, | 6115 |
3121.03, or 3123.06 of the Revised Code. | 6116 |
(2) "Insider" means: | 6117 |
(a) If the person who claims an exemption is an individual, a | 6118 |
relative of the individual, a relative of a general partner of the | 6119 |
individual, a partnership in which the individual is a general | 6120 |
partner, a general partner of the individual, or a corporation of | 6121 |
which the individual is a director, officer, or in control; | 6122 |
(b) If the person who claims an exemption is a corporation, a | 6123 |
director or officer of the corporation; a person in control of the | 6124 |
corporation; a partnership in which the corporation is a general | 6125 |
partner; a general partner of the corporation; or a relative of a | 6126 |
general partner, director, officer, or person in control of the | 6127 |
corporation; | 6128 |
(c) If the person who claims an exemption is a partnership, a | 6129 |
general partner in the partnership; a general partner of the | 6130 |
partnership; a person in control of the partnership; a partnership | 6131 |
in which the partnership is a general partner; or a relative in, a | 6132 |
general partner of, or a person in control of the partnership; | 6133 |
(d) An entity or person to which or whom any of the following | 6134 |
applies: | 6135 |
(i) The entity directly or indirectly owns, controls, or | 6136 |
holds with power to vote, twenty per cent or more of the | 6137 |
outstanding voting securities of the person who claims an | 6138 |
exemption, unless the entity holds the securities in a fiduciary | 6139 |
or agency capacity without sole discretionary power to vote the | 6140 |
securities or holds the securities solely to secure to debt and | 6141 |
the entity has not in fact exercised the power to vote. | 6142 |
(ii) The entity is a corporation, twenty per cent or more of | 6143 |
whose outstanding voting securities are directly or indirectly | 6144 |
owned, controlled, or held with power to vote, by the person who | 6145 |
claims an exemption or by an entity to which division (C)(2)(d)(i) | 6146 |
of this section applies. | 6147 |
(iii) A person whose business is operated under a lease or | 6148 |
operating agreement by the person who claims an exemption, or a | 6149 |
person substantially all of whose business is operated under an | 6150 |
operating agreement with the person who claims an exemption. | 6151 |
(iv) The entity operates the business or all or substantially | 6152 |
all of the property of the person who claims an exemption under a | 6153 |
lease or operating agreement. | 6154 |
(e) An insider, as otherwise defined in this section, of a | 6155 |
person or entity to which division (C)(2)(d)(i), (ii), (iii), or | 6156 |
(iv) of this section applies, as if the person or entity were a | 6157 |
person who claims an exemption; | 6158 |
(f) A managing agent of the person who claims an exemption. | 6159 |
(3) "Participant account" has the same meaning as in section | 6160 |
148.01 of the Revised Code. | 6161 |
(4) "Government unit" has the same meaning as in section | 6162 |
148.06 of the Revised Code. | 6163 |
(D) For purposes of this section, "interest" shall be | 6164 |
determined as follows: | 6165 |
(1) In bankruptcy proceedings, as of the date a petition is | 6166 |
filed with the bankruptcy court commencing a case under Title 11 | 6167 |
of the United States Code; | 6168 |
(2) In all cases other than bankruptcy proceedings, as of the | 6169 |
date of an appraisal, if necessary under section 2329.68 of the | 6170 |
Revised Code, or the issuance of a writ of execution. | 6171 |
An interest, as determined under division (D)(1) or (2) of | 6172 |
this section, shall not include the amount of any lien otherwise | 6173 |
valid pursuant to section 2329.661 of the Revised Code. | 6174 |
Sec. 2901.431. On the filing of charges against a person who | 6175 |
is a member of the public employees retirement system alleging | 6176 |
that the person committed a felony on or after the effective date | 6177 |
of this section, the prosecutor assigned to the case shall send | 6178 |
written notice to the retirement system that the charges have been | 6179 |
filed. The notice shall specifically identify the person. | 6180 |
For purposes of this section, a violation or offense that | 6181 |
includes as an element a course of conduct or the occurrence of | 6182 |
multiple acts is committed on or after the effective date of this | 6183 |
section if the course of conduct continues, one or more of | 6184 |
multiple acts occurs, or the person's accountability for the | 6185 |
course of conduct or one or more of the multiple acts continues on | 6186 |
or after that date. | 6187 |
Sec. 2929.193. (A) This section applies to members of the | 6188 |
public employees retirement system except that in any circumstance | 6189 |
in which section 2929.192 of the Revised Code applies this section | 6190 |
does not apply. | 6191 |
(B) If an offender is being sentenced for a felony offense | 6192 |
that was the cause of a physical or mental disability in the | 6193 |
offender and was committed on or after the effective date of this | 6194 |
section while the offender was a member of the public employees | 6195 |
retirement system, in addition to any sanction it imposes under | 6196 |
section 2929.14, 2929.15, 2929.16, 2929.17, or 2929.18 of the | 6197 |
Revised Code but subject to division (C) of this section, the | 6198 |
court shall order forfeiture of any right of the offender to a | 6199 |
disability benefit from the retirement system that is based on the | 6200 |
disability caused by commission of the felony. The forfeiture | 6201 |
shall be ordered regardless of whether a disability benefit has | 6202 |
been requested or granted. A forfeiture ordered under this section | 6203 |
is part of, and shall be included in, the offender's sentence. | 6204 |
(C) Before sentencing in a case in which the sentencing court | 6205 |
is required to order forfeiture under division (B) of this | 6206 |
section, the offender may request a hearing regarding the | 6207 |
forfeiture by delivering a written request for a hearing to the | 6208 |
court. If there is a timely request, the court shall schedule the | 6209 |
hearing to be conducted before sentencing. Not later than ten days | 6210 |
prior to the scheduled date of the hearing, the court shall give | 6211 |
notice of the hearing date to the offender, the prosecutor who | 6212 |
handled the case, and the retirement system. The hearing shall be | 6213 |
limited to determination of whether the offender's disability | 6214 |
resulted from commission of the offense. If a disability benefit | 6215 |
has already been granted, the retirement system shall submit to | 6216 |
the court documentation of the evidence on which the benefit was | 6217 |
granted. | 6218 |
(D) If the offender does not make a timely request for a | 6219 |
hearing or if a hearing is held and the court determines that the | 6220 |
disability resulted from commission of the offense, the court | 6221 |
shall order the forfeiture of any right the offender may have to a | 6222 |
disability benefit from the retirement system that is based on the | 6223 |
disability caused by commission of the felony. If the disability | 6224 |
benefit has already been granted, the court shall order | 6225 |
termination of the benefit. Any disability benefit paid to the | 6226 |
offender prior to its termination may be recovered in accordance | 6227 |
with section 145.563 of the Revised Code. | 6228 |
(E) The court shall send a copy of the journal entry imposing | 6229 |
sentence on the offender to the retirement system. | 6230 |
(F) For purposes of this section, any violation or offense | 6231 |
that includes as an element a course of conduct or the occurrence | 6232 |
of multiple acts is committed on or after the effective date of | 6233 |
this section if the course of conduct continues, one or more of | 6234 |
multiple acts occurs, or the offender's accountability for the | 6235 |
course of conduct or for one or more of the multiple acts | 6236 |
continues on or after the effective date of this section. | 6237 |
Sec. 3305.06. (A) Each electing employee shall contribute an | 6238 |
amount, which shall be a certain percentage of the employee's | 6239 |
compensation, to the provider of the investment option the | 6240 |
employee has selected. This percentage shall be the percentage the | 6241 |
electing employee would have otherwise been required to contribute | 6242 |
to the state retirement system that applies to the employee's | 6243 |
position, except that the percentage shall not be less than three | 6244 |
per cent. Employee contributions under this division may be | 6245 |
treated as employer contributions in accordance with Internal | 6246 |
Revenue Code 414(h). | 6247 |
(B) Each public institution of higher education employing an | 6248 |
electing employee shall contribute a percentage of the employee's | 6249 |
compensation to the provider of the investment option the employee | 6250 |
has selected. This percentage shall be equal to the percentage | 6251 |
that the public institution of higher education would otherwise | 6252 |
contribute on behalf of that employee to the state retirement | 6253 |
system that would otherwise cover that employee's position, less | 6254 |
the percentage contributed by the public institution of higher | 6255 |
education under division (D) of this section. | 6256 |
(C)(1) In no event shall the amount contributed by the | 6257 |
electing employee pursuant to division (A) of this section and on | 6258 |
the electing employee's behalf pursuant to division (B) of this | 6259 |
section be less than the amount necessary to qualify the plan as a | 6260 |
state retirement system pursuant to Internal Revenue Code | 6261 |
3121(B)(7) and the regulations adopted thereunder. | 6262 |
(2) The full amount of the electing employee's contribution | 6263 |
under division (A) of this section and the full amount of the | 6264 |
employer's contribution made on behalf of that employee under | 6265 |
division (B) of this section shall be paid to the appropriate | 6266 |
provider for application to the electing employee's investment | 6267 |
option. | 6268 |
(D) Each public institution of higher education employing an | 6269 |
electing employee shall contribute on behalf of that employee to | 6270 |
the state retirement system that otherwise applies to the electing | 6271 |
employee's position a percentage of the electing employee's | 6272 |
compensation to mitigate any negative financial impact of the | 6273 |
alternative retirement program on the state retirement system. The | 6274 |
percentage shall be six per cent, except that the percentage may | 6275 |
be adjusted by the Ohio retirement study council to reflect the | 6276 |
determinations made by actuarial studies conducted under section | 6277 |
171.07 of the Revised Code. Any adjustment shall become effective | 6278 |
on the first day of the second month following submission of the | 6279 |
actuarial study to the board of regents under section 171.07 of | 6280 |
the Revised Code. | 6281 |
Contributions on behalf of an electing employee shall | 6282 |
continue in accordance with this division until the occurrence of | 6283 |
the following: | 6284 |
(1) If the electing employee would be subject to Chapter 145. | 6285 |
of the Revised Code had the employee not made an election pursuant | 6286 |
to section 3305.05 or 3305.051 of the Revised Code, until the | 6287 |
unfunded actuarial accrued liability for all benefits, except | 6288 |
health care benefits provided under section | 6289 |
145.584 of the Revised Code and benefit increases provided after | 6290 |
March 31, 1997, is fully amortized, as determined by the annual | 6291 |
actuarial valuation prepared under section 145.22 of the Revised | 6292 |
Code; | 6293 |
(2) If the electing employee would be subject to Chapter | 6294 |
3307. of the Revised Code had the employee not made an election | 6295 |
pursuant to section 3305.05 or 3305.051 of the Revised Code, until | 6296 |
the unfunded actuarial accrued liability for all benefits, except | 6297 |
health care benefits provided under section 3307.39 or 3307.61 of | 6298 |
the Revised Code and benefit increases provided after March 31, | 6299 |
1997, is fully amortized, as determined by the annual actuarial | 6300 |
valuation prepared under section 3307.51 of the Revised Code; | 6301 |
(3) If the electing employee would be subject to Chapter | 6302 |
3309. of the Revised Code had the employee not made an election | 6303 |
pursuant to section 3305.05 or 3305.051 of the Revised Code, until | 6304 |
the unfunded actuarial accrued liability for all benefits, except | 6305 |
health care benefits provided under section 3309.375 or 3309.69 of | 6306 |
the Revised Code and benefit increases provided after March 31, | 6307 |
1997, is fully amortized, as determined by the annual actuarial | 6308 |
valuation prepared under section 3309.21 of the Revised Code. | 6309 |
Sec. 3307.26. (A) Each teacher shall contribute | 6310 |
certain per cent of the teacher's earned compensation | 6311 |
6312 | |
6313 | |
6314 |
(1) For compensation earned not later than June 30, 2011, ten | 6315 |
per cent; | 6316 |
(2) For compensation earned not earlier than July 1, 2011, | 6317 |
but not later than June 30, 2012, not greater than ten and | 6318 |
one-half per cent; | 6319 |
(3) For compensation earned not earlier than July 1, 2012, | 6320 |
but not later than June 30, 2013, not greater than eleven per | 6321 |
cent; | 6322 |
(4) For compensation earned not earlier than July 1, 2013, | 6323 |
but not later than June 30, 2014, not greater than eleven and | 6324 |
one-half per cent; | 6325 |
(5) For compensation earned not earlier than July 1, 2014, | 6326 |
but not later than June 30, 2015, not greater than twelve per | 6327 |
cent; | 6328 |
(6) For compensation earned on or after July 1, 2015, not | 6329 |
greater than twelve and one-half per cent. | 6330 |
(B) For teachers participating in the plan described in | 6331 |
sections 3307.50 to 3307.79 of the Revised Code, contributions | 6332 |
shall be deposited in the teachers' savings fund. For teachers | 6333 |
participating in a plan established under section 3307.81 of the | 6334 |
Revised Code, contributions shall be deposited in the defined | 6335 |
contribution fund. Contributions made pursuant to this section | 6336 |
shall not exceed the limits established by section 415 of the | 6337 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, | 6338 |
as amended. | 6339 |
(C) The contribution for all teachers shall be deducted by | 6340 |
the employer on each payroll in an amount equal to the applicable | 6341 |
per cent of the teachers' paid compensation for such payroll | 6342 |
period or other period as the board may approve. All contributions | 6343 |
on paid compensation for teachers participating in plans | 6344 |
established under section 3307.81 of the Revised Code shall be | 6345 |
remitted at intervals required by the state teachers retirement | 6346 |
system under section 3307.86 of the Revised Code. All | 6347 |
contributions on earned compensation for teachers participating in | 6348 |
the plan described in sections 3307.50 to 3307.79 of the Revised | 6349 |
Code shall be remitted to the state teachers retirement system by | 6350 |
the thirtieth day of June of each year. Each school district shall | 6351 |
encumber sufficient moneys by the thirtieth day of June of each | 6352 |
year to account for the difference, if any, that may exist between | 6353 |
contributions that would be withheld based upon compensation | 6354 |
earned by a teacher during the year ending the thirtieth day of | 6355 |
June and the contributions withheld based upon compensation paid | 6356 |
to the teacher for the year. Deductions from payroll for | 6357 |
contributions under this section, on an annual basis, shall not | 6358 |
exceed eight per cent or other percentage established by the board | 6359 |
authorized by this section. | 6360 |
(D) At retirement under the plan described in sections | 6361 |
3307.50 to 3307.79 of the Revised Code, or upon a member's death | 6362 |
prior to retirement under that plan, if contributions have been | 6363 |
made after September 1, 1959, in excess of the contributions | 6364 |
normally required to provide the retirement or survivor benefit, | 6365 |
the excess contributions may be refunded to the member, to the | 6366 |
member's beneficiary, or to the member's estate in a lump sum, or | 6367 |
may be used to provide additional income. | 6368 |
(E) The board may determine with regard to any member | 6369 |
participating in the plan described in sections 3307.50 to 3307.79 | 6370 |
of the Revised Code whether the limits established by division | 6371 |
6372 | |
exclusion from use in the calculation of benefits under section | 6373 |
3307.58, 3307.59, or 3307.60 of the Revised Code of any | 6374 |
compensation on which contributions have been made under this | 6375 |
section. The board may adopt rules in accordance with section | 6376 |
111.15 of the Revised Code providing for the disposition of | 6377 |
contributions attributable to such compensation and may dispose of | 6378 |
the contributions in accordance with those rules. Any disposition | 6379 |
of contributions made by the board in accordance with the rules | 6380 |
shall be final. | 6381 |
(F) The deductions under this section shall be made even | 6382 |
though the minimum compensation provided by law for any teacher | 6383 |
shall be reduced thereby. Every teacher shall be deemed to consent | 6384 |
to the deductions made. Payment less the deductions shall be a | 6385 |
complete discharge and acquittance of all claims and demands for | 6386 |
the services rendered by the person during the period covered by | 6387 |
the payment. | 6388 |
(G) Additional deposits may be made to a member's account in | 6389 |
the teachers' savings fund or defined contribution fund, subject | 6390 |
to rules of the board. At retirement, the amount deposited with | 6391 |
interest may be used to provide additional annuity income. The | 6392 |
additional deposits may be refunded to the member before | 6393 |
retirement, and shall be refunded if the member withdraws the | 6394 |
member's refundable account. The deposits may be refunded to the | 6395 |
beneficiary or estate if the member dies before retirement. | 6396 |
Sec. 3307.501. (A) As used in this section, "percentage | 6397 |
increase" means the percentage that an increase in compensation is | 6398 |
of the compensation paid prior to the increase. | 6399 |
(B) Notwithstanding division (L) of section 3307.01 of the | 6400 |
Revised Code, for the purpose of determining final average salary | 6401 |
under this section, "compensation" has the same meaning as in that | 6402 |
division, except that it does not include any amount resulting | 6403 |
from a percentage increase paid to a member during the member's | 6404 |
two highest years of compensation that exceeds the greater of the | 6405 |
following: | 6406 |
(1) The highest percentage increase in compensation paid to | 6407 |
the member during any of the three years immediately preceding the | 6408 |
member's two highest years of compensation and any subsequent | 6409 |
partial year of compensation used in calculating the member's | 6410 |
final average salary; | 6411 |
(2) A percentage increase paid to the member as part of an | 6412 |
increase generally applicable to members employed by the employer. | 6413 |
An increase shall be considered generally applicable if it is paid | 6414 |
to members employed by a school district board of education in | 6415 |
positions requiring a license issued under section 3319.22 of the | 6416 |
Revised Code in accordance with uniform criteria applicable to all | 6417 |
such members or if paid to members employed by an employer other | 6418 |
than a school district board of education in accordance with | 6419 |
uniform criteria applicable to all such members. | 6420 |
(C) The state teachers retirement board shall determine the | 6421 |
final average salary of a member by dividing the sum of the | 6422 |
member's annual compensation for the | 6423 |
compensation for which the member made contributions plus any | 6424 |
amount determined under division (E) of this section by | 6425 |
five, except that if the member has a partial year of contributing | 6426 |
service in the year the member's employment terminates and the | 6427 |
compensation for the partial year is at a rate higher than the | 6428 |
rate of compensation for any one of the member's highest | 6429 |
five years of compensation, the board shall substitute the | 6430 |
compensation for the partial year for the compensation for the | 6431 |
same portion of the lowest of the member's
| 6432 |
years of compensation. If a member has less than
| 6433 |
of contributing membership, the member's final average salary | 6434 |
shall be the member's total compensation for the period of | 6435 |
contributing membership plus any amount determined under division | 6436 |
(E) of this section divided by the total years, including any | 6437 |
portion of a year, of contributing service. | 6438 |
For the purpose of calculating benefits payable to a member | 6439 |
qualifying for service credit under division (I) of section | 6440 |
3307.01 of the Revised Code, the board shall calculate the | 6441 |
member's final average salary by dividing the member's total | 6442 |
compensation as a teacher covered under this chapter plus any | 6443 |
amount determined under division (E) of this section by the total | 6444 |
number of years, including any portion of a year, of contributing | 6445 |
membership during that period. If contributions were made for less | 6446 |
than twelve months, the member's final average salary is the total | 6447 |
amount of compensation paid to the member during all periods of | 6448 |
contributions under this chapter. | 6449 |
(D) Contributions made by a member and an employer on amounts | 6450 |
that, pursuant to division (B) of this section, are not | 6451 |
compensation or are not included, pursuant to division (E) of this | 6452 |
section, for the purpose of determining final average salary shall | 6453 |
be treated as additional deposits to the member's account under | 6454 |
section 3307.26 of the Revised Code and used to provide additional | 6455 |
annuity income. | 6456 |
(E) The state teachers retirement board shall adopt rules | 6457 |
establishing criteria and procedures for administering this | 6458 |
division. | 6459 |
The board shall notify each applicant for retirement of any | 6460 |
amount excluded from the applicant's compensation in accordance | 6461 |
with division (B) of this section and of the procedures | 6462 |
established by the board for requesting a hearing on this | 6463 |
exclusion. | 6464 |
Any applicant for retirement who has had any amount excluded | 6465 |
from the applicant's compensation in accordance with division (B) | 6466 |
of this section may request a hearing on this exclusion. Upon | 6467 |
receiving such a request, the board shall determine in accordance | 6468 |
with its criteria and procedures whether, for good cause as | 6469 |
determined by the board, all or any portion of any amount excluded | 6470 |
from the applicant's compensation in accordance with division (B) | 6471 |
of this section, up to a maximum of seventy-five hundred dollars, | 6472 |
is to be included in the determination of final average salary | 6473 |
under division (C) of this section. Any determination of the board | 6474 |
under this division shall be final. | 6475 |
Sec. 3307.58. Any member participating in the plan described | 6476 |
in sections 3307.50 to 3307.79 of the Revised Code who has five | 6477 |
years of service credit and has attained age sixty, or who has | 6478 |
6479 | |
fifty-five, or who has
| 6480 |
at any age shall be granted service retirement after filing with | 6481 |
the state teachers retirement board a completed application on a | 6482 |
form approved by the board. | 6483 |
(A) Service retirement shall be effective on the first day of | 6484 |
the month next following the later of: | 6485 |
(1) The last day for which compensation was paid; or | 6486 |
(2) The attainment of minimum age or service credit | 6487 |
eligibility for benefits provided under this section. | 6488 |
Except as provided in division | 6489 |
service retirement benefit shall be the greater of the benefits | 6490 |
provided in divisions (B) and | 6491 |
(B) | 6492 |
provided in division
| 6493 |
lifetime benefit of a member shall be the greater of the amounts | 6494 |
determined by the member's Ohio service credit multiplied by one | 6495 |
of the following: | 6496 |
| 6497 |
| 6498 |
| 6499 |
6500 | |
average salary
| 6501 |
6502 | |
Ohio service credit plus two and five-tenths per cent of the | 6503 |
member's final average salary | 6504 |
6505 | |
6506 | |
6507 | |
6508 | |
6509 | |
6510 | |
6511 |
| 6512 |
6513 | |
6514 | |
6515 | |
6516 | |
6517 | |
6518 | |
6519 | |
6520 | |
6521 | |
6522 | |
6523 | |
6524 | |
6525 |
6526 | |||||
6527 | |||||
6528 | |||||
6529 | |||||
6530 | |||||
6531 | |||||
6532 | |||||
6533 | |||||
6534 |
6535 | |
6536 | |
| 6537 |
6538 | |
6539 | |
6540 | |
6541 | |
6542 | |
6543 | |
subsequent year of Ohio service credit. | 6544 |
(2) A member's annual single lifetime benefit shall be | 6545 |
reduced by a percentage determined by the board's actuary for each | 6546 |
year the member retires before attaining the earliest of the | 6547 |
following: earned at least thirty-five years of Ohio service | 6548 |
credit, attained at least age sixty and earned at least thirty | 6549 |
years of Ohio service credit, or attained at least age sixty-five | 6550 |
and earned at least five years of Ohio service credit. The board's | 6551 |
actuary may use an actuarially based average percentage reduction | 6552 |
for purposes of division (B)(2) of this section. | 6553 |
(C) | 6554 |
6555 | |
6556 | |
6557 |
6558 | |||||
6559 | |||||
6560 | |||||
6561 | |||||
6562 | |||||
6563 | |||||
6564 | |||||
6565 | |||||
6566 | |||||
6567 | |||||
6568 | |||||
6569 | |||||
6570 |
| 6571 |
6572 | |
6573 |
6574 | |||||
6575 | |||||
6576 | |||||
6577 | |||||
6578 | |||||
6579 | |||||
6580 | |||||
6581 |
| 6582 |
application, a member who, on July 1, 2015, has five or more years | 6583 |
of Ohio service credit and has attained age sixty, has twenty-five | 6584 |
or more years of Ohio service credit and has attained age | 6585 |
fifty-five, or has thirty or more years of Ohio service credit | 6586 |
shall be granted service retirement according to former section | 6587 |
3307.58 of the Revised Code as in effect on that date. The | 6588 |
member's benefit shall be the greater of the amount calculated | 6589 |
under this section or the benefit the member would have been | 6590 |
eligible for under the law in effect on July 1, 2015. | 6591 |
(D) The annual single lifetime benefit determined under | 6592 |
division (B) or (C) of this section shall not exceed the lesser of | 6593 |
one hundred per cent of the final average salary or the limit | 6594 |
established by section 415 of the "Internal Revenue Code of 1986," | 6595 |
100 Stat. 2085, 26 U.S.C.A. 415, as amended. | 6596 |
| 6597 |
not exceed the lesser of the sum of the following amounts or the | 6598 |
limit established by section 415 of the "Internal Revenue Code of | 6599 |
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended: | 6600 |
(1) An annuity with a reserve equal to the member's | 6601 |
accumulated contributions; | 6602 |
(2) A pension equal to the amount in division | 6603 |
this section; | 6604 |
(3) An additional pension of forty dollars annually | 6605 |
multiplied by the number of years of prior and military service | 6606 |
credit, except years of credit purchased under section 3307.751 or | 6607 |
3307.752 of the Revised Code; | 6608 |
(4) An additional basic annual pension of one hundred eighty | 6609 |
dollars, provided the member had ten or more years of Ohio service | 6610 |
credit as of October 1, 1956, except that the additional basic | 6611 |
annual pension shall not exceed the sum of the annual benefits | 6612 |
provided by divisions | 6613 |
| 6614 |
as provided in section 3307.60 of the Revised Code. | 6615 |
Sec. 3307.67. (A) The state teachers retirement board shall | 6616 |
annually increase each allowance or benefit payable under sections | 6617 |
3307.50 to 3307.79 of the Revised Code | 6618 |
6619 |
(1) Two per cent for each allowance or benefit that begins | 6620 |
not later than July 31, 2011, or is preceded by a disability | 6621 |
allowance granted prior to that date under section 3307.631 of the | 6622 |
Revised Code that has been terminated under division (C)(1) or (3) | 6623 |
of that section; | 6624 |
(2) One and one-half per cent for each allowance or benefit | 6625 |
that begins on or after August 1, 2011. | 6626 |
(B) No allowance or benefit shall exceed the limit | 6627 |
established by section 415 of the "Internal Revenue Code of 1986," | 6628 |
100 Stat. 2085, 26 U.S.C.A. 415, as amended. | 6629 |
(C) The first increase is payable to all persons becoming | 6630 |
eligible after June 30, 1971, upon such persons receiving an | 6631 |
allowance or benefit for twelve months. The increased amount is | 6632 |
payable for the ensuing twelve-month period or until the next | 6633 |
increase is granted under this section, whichever is later. | 6634 |
Subsequent increases shall be determined from the date of the | 6635 |
first increase paid to the former member in the case of an | 6636 |
allowance being paid a beneficiary under an option, or from the | 6637 |
date of the first increase to the survivor first receiving an | 6638 |
allowance or benefit in the case of an allowance or benefit being | 6639 |
paid to the subsequent survivors of the former member. | 6640 |
The date of the first increase under this section becomes the | 6641 |
anniversary date for any future increases. | 6642 |
The allowance or benefit used in the first calculation of an | 6643 |
increase under this section shall remain as the base for all | 6644 |
future increases, unless a new base is established. | 6645 |
| 6646 |
alternate payee under section 3307.371 of the Revised Code, | 6647 |
increases under this section granted while the order is in effect | 6648 |
shall be apportioned between the alternate payee and the benefit | 6649 |
recipient in the same proportion that the amount being paid to the | 6650 |
alternate payee bears to the amount paid to the benefit recipient. | 6651 |
If payment of a portion of a benefit is made to one or more | 6652 |
beneficiaries under "option 4" under division (A)(4) of section | 6653 |
3307.60 of the Revised Code, each increase under this section | 6654 |
granted while the plan of payment is in effect shall be divided | 6655 |
among the designated beneficiaries in accordance with the portion | 6656 |
each beneficiary has been allocated. | 6657 |
| 6658 |
this section. | 6659 |
Sec. 3309.26. The membership of any person in the school | 6660 |
employees retirement system shall terminate if the person | 6661 |
withdraws the person's accumulated contributions, retires on a | 6662 |
retirement allowance as provided in sections 3309.36 | 6663 |
3309.381 of the Revised Code, or dies, unless otherwise provided | 6664 |
in Chapter 3309. of the Revised Code. | 6665 |
A former member with an account in the employees' savings | 6666 |
fund who formerly lost membership shall be reinstated as a member | 6667 |
with all the rights, privileges, and obligations as provided in | 6668 |
Chapter 3309. of the Revised Code. | 6669 |
Except as provided in this section, a member or former member | 6670 |
of the school employees retirement system with at least one and | 6671 |
one-half years of contributing service credit in this system, the | 6672 |
public employees retirement system, the state teachers retirement | 6673 |
system, the Ohio police and fire pension fund, or the state | 6674 |
highway patrol retirement system, subsequent to the withdrawal of | 6675 |
contributions and cancellation of service credit in this system | 6676 |
may restore such service credit by redepositing in the employees' | 6677 |
savings fund the amount withdrawn with interest at a rate to be | 6678 |
determined by the board, compounded annually, from the first of | 6679 |
the month of withdrawal to and including the month of redeposit. A | 6680 |
member may choose to purchase only part of such credit in any one | 6681 |
payment, subject to board rules. The total payment to restore | 6682 |
cancelled service credit, plus any interest credited thereto, | 6683 |
shall be considered as accumulated contributions of the member. If | 6684 |
a former member is eligible to buy the service credit as a member | 6685 |
of the Ohio police and fire pension fund, the state highway patrol | 6686 |
retirement system, or the city of Cincinnati retirement system, | 6687 |
the former member is ineligible to restore that service credit | 6688 |
under this section. | 6689 |
Sec. 3309.312. (A) Not later than ninety days after | 6690 |
September 16, 1998, a member who, on September 16, 1998, is | 6691 |
employed full time pursuant to section 3345.04 of the Revised Code | 6692 |
by the university of Akron as a state university law enforcement | 6693 |
officer may elect to transfer to the public employees retirement | 6694 |
system in accordance with this section. An election shall be made | 6695 |
by giving notice to the school employees retirement system on a | 6696 |
form provided by the school employees retirement board and shall | 6697 |
be irrevocable. | 6698 |
(B) When a member makes the election described in this | 6699 |
section, the school employees retirement system shall notify the | 6700 |
public employees retirement system. The school employees | 6701 |
retirement system shall transfer all of the member's service | 6702 |
credit to the public employees retirement system and shall certify | 6703 |
to the public employees retirement system a copy of the member's | 6704 |
records of service and contributions. For each year or portion of | 6705 |
a year of credit, the school employees retirement system shall | 6706 |
transfer to the public employees retirement system all of the | 6707 |
following: | 6708 |
(1) An amount equal to the accumulated contributions standing | 6709 |
to the member's credit; | 6710 |
(2) An amount equal to the total employer contributions paid | 6711 |
on behalf of the member; | 6712 |
(3) Any amount paid by the member or employer to the school | 6713 |
employees retirement system for the purchase of service credit. | 6714 |
At the request of the public employees retirement system, the | 6715 |
employer of a member who makes an election under this section | 6716 |
shall certify to the public employees retirement system the | 6717 |
member's salary. | 6718 |
(C) A member who elects to transfer to the public employees | 6719 |
retirement system under this section shall make contributions and | 6720 |
receive benefits in accordance with | 6721 |
section | 6722 |
(D) A member who fails to make an election in accordance with | 6723 |
this section shall remain a member of the school employees | 6724 |
retirement system. | 6725 |
Sec. 3309.33. (A) An employer may establish a retirement | 6726 |
incentive plan for its employees who are members of the school | 6727 |
employees retirement system. The plan shall provide for purchase | 6728 |
by the employer of service credit for eligible employees who | 6729 |
choose to participate in the plan and for payment by the employer | 6730 |
of the entire cost of such service credit. A plan established | 6731 |
under this section shall remain in effect until terminated by the | 6732 |
employer, except that, once established, the plan must remain in | 6733 |
effect for at least one year. | 6734 |
(B) | 6735 |
retirement system shall be eligible to participate in a retirement | 6736 |
incentive plan | 6737 |
| 6738 |
| 6739 |
6740 | |
6741 |
| 6742 |
6743 | |
the employer if the employee has attained | 6744 |
years of age | 6745 |
| 6746 |
section 3309.36 of the Revised Code effective within ninety days | 6747 |
after receiving notice from the school employees retirement system | 6748 |
that service credit has been purchased for the employee under this | 6749 |
section. | 6750 |
(C) Participation in the plan shall be available to all | 6751 |
eligible employees except that the employer may limit the number | 6752 |
of persons for whom it purchases credit in any calendar year to a | 6753 |
specified percentage of its employees who are members of the | 6754 |
school employees retirement system on the first day of January of | 6755 |
that year. The percentage shall not be less than five per cent of | 6756 |
such employees. If participation is limited, employees with a | 6757 |
greater length of service with the employer have the right to | 6758 |
elect to have credit purchased before employees with a lesser | 6759 |
length of service with the employer. | 6760 |
(D) The amount of service credit purchased for any | 6761 |
participant shall be uniformly determined but shall not exceed the | 6762 |
lesser of the following: | 6763 |
(1) Five years of service credit; | 6764 |
(2) An amount of service credit equal to one-fifth of the | 6765 |
total service credited to the participant under Chapter 3309. of | 6766 |
the Revised Code. | 6767 |
For each year of service credit purchased under this section, | 6768 |
the employer shall pay an amount specified by the school employees | 6769 |
retirement board equal to the additional liability resulting from | 6770 |
the purchase of that year of service credit as determined by an | 6771 |
actuary employed by the board. Payments shall be made in | 6772 |
accordance with rules adopted by the board, and the board shall | 6773 |
notify each member when the member is credited with service | 6774 |
purchased under this section. | 6775 |
No payment made to the school employees retirement system | 6776 |
under this section shall affect any payment required by section | 6777 |
3309.49 of the Revised Code. | 6778 |
Sec. 3309.34. (A) | 6779 |
retirement system | 6780 |
6781 | |
6782 | |
6783 | |
6784 | |
6785 | |
6786 | |
6787 | |
6788 |
| 6789 |
6790 | |
member meets one of the following requirements: | 6791 |
| 6792 |
and has attained sixty-two years of age; | 6793 |
| 6794 |
credit and has attained sixty years of age; | 6795 |
| 6796 |
credit and has attained | 6797 |
(B) A member may retire by filing an application for | 6798 |
retirement with the school employees retirement board on a form | 6799 |
provided by the board. The board shall not retire the member | 6800 |
sooner than the first day of the month next following the later | 6801 |
of: | 6802 |
(1) The last day of employment for which compensation was | 6803 |
paid; | 6804 |
(2) The attainment of minimum age and service credit | 6805 |
eligibility for service or commuted service retirement. | 6806 |
(C) At least once every ten years, the board shall direct its | 6807 |
actuary to evaluate the retirement eligibility requirements of | 6808 |
this section. | 6809 |
Sec. 3309.341. (A) As used in this section and section | 6810 |
3309.344 of the Revised Code: | 6811 |
(1) "SERS retirant" means any person who is receiving a | 6812 |
retirement allowance from the school employees retirement system | 6813 |
under section 3309.36 | 6814 |
3309.38 of the Revised Code or any benefit paid under a plan | 6815 |
established under section 3309.81 of the Revised Code. | 6816 |
(2) "Other system retirant" means a member or former member | 6817 |
of the public employees retirement system, Ohio police and fire | 6818 |
pension fund, state teachers retirement system, state highway | 6819 |
patrol retirement system, or Cincinnati retirement system who is | 6820 |
receiving age and service or commuted age and service retirement, | 6821 |
or a disability benefit from a system of which the retirant is a | 6822 |
member or former member. | 6823 |
(B)(1) Subject to this section and section 3309.345 of the | 6824 |
Revised Code, an SERS retirant or other system retirant may be | 6825 |
employed by a public employer. If so employed, the SERS retirant | 6826 |
or other system retirant shall contribute to the school employees | 6827 |
retirement system in accordance with section 3309.47 of the | 6828 |
Revised Code, and the employer shall make contributions in | 6829 |
accordance with section 3309.49 of the Revised Code. | 6830 |
(2) An employer that employs an SERS retirant or other system | 6831 |
retirant shall notify the retirement board of the employment not | 6832 |
later than the end of the month in which the employment commences. | 6833 |
On receipt of notice from an employer that a person who is an | 6834 |
other system retirant has been employed, the school employees | 6835 |
retirement system shall notify the state retirement system of | 6836 |
which the other system retirant was a member of such employment. | 6837 |
(C) An SERS retirant or other system retirant who has | 6838 |
received a retirement allowance or disability benefit for less | 6839 |
than two months when employment subject to this section commences | 6840 |
shall forfeit the retirement allowance or disability benefit for | 6841 |
any month the SERS retirant or other system retirant is employed | 6842 |
prior to the expiration of the two-month period. Service and | 6843 |
contributions for that period shall not be included in the | 6844 |
calculation of any benefits payable to the SERS retirant or other | 6845 |
system retirant, and those contributions shall be refunded on | 6846 |
death or termination of the employment. Contributions made on | 6847 |
compensation earned after the expiration of such period shall be | 6848 |
used in the calculation of the benefit or payment due under | 6849 |
section 3309.344 of the Revised Code. | 6850 |
(D) On receipt of notice from the Ohio police and fire | 6851 |
pension fund, public employees retirement system, or state | 6852 |
teachers retirement system of the re-employment of an SERS | 6853 |
retirant, the school employees retirement system shall not pay, or | 6854 |
if paid shall recover, the amount to be forfeited by the SERS | 6855 |
retirant in accordance with section 145.38, 742.26, or 3307.35 of | 6856 |
the Revised Code. | 6857 |
(E) An SERS retirant or other system retirant subject to this | 6858 |
section is not a member of the school employees retirement system; | 6859 |
does not have any of the rights, privileges, or obligations of | 6860 |
membership, except as specified in this section; and is not | 6861 |
eligible to receive health, medical, hospital, or surgical | 6862 |
benefits under section 3309.69 of the Revised Code for employment | 6863 |
subject to this section. | 6864 |
(F) If the disability benefit of an other system retirant | 6865 |
employed under this section is terminated, the retirant shall | 6866 |
become a member of the school employees retirement system, | 6867 |
effective on the first day of the month next following the | 6868 |
termination, with all the rights, privileges, and obligations of | 6869 |
membership. If the retirant, after the termination of the | 6870 |
disability benefit, earns two years of service credit under this | 6871 |
retirement system or under the public employees retirement system, | 6872 |
Ohio police and fire pension fund, state teachers retirement | 6873 |
system, or state highway patrol retirement system, the retirant's | 6874 |
prior contributions as an other system retirant under this section | 6875 |
shall be included in the retirant's total service credit as a | 6876 |
school employees retirement system member, and the retirant shall | 6877 |
forfeit all rights and benefits of this section. Not more than one | 6878 |
year of credit may be given for any period of twelve months. | 6879 |
(G) This section does not affect the receipt of benefits by | 6880 |
or eligibility for benefits of any person who on August 29, 1976, | 6881 |
was receiving a disability benefit or service retirement pension | 6882 |
or allowance from a state or municipal retirement system in Ohio | 6883 |
and was a member of any other state or municipal retirement system | 6884 |
of this state. | 6885 |
(H) The school employees retirement board may adopt rules to | 6886 |
carry out this section. | 6887 |
Sec. 3309.343. (A) As used in this section: | 6888 |
(1) In addition to the meaning in section 3309.01 of the | 6889 |
Revised Code, when appropriate "compensation" has the same meaning | 6890 |
as in section 3307.01 of the Revised Code. | 6891 |
(2) "Earnable salary" has the same meaning as in section | 6892 |
145.01 of the Revised Code. | 6893 |
(3) "SERS position" means a position for which a member of | 6894 |
the school employees retirement system is making contributions to | 6895 |
the system. | 6896 |
(4) "Other state retirement system" means the public | 6897 |
employees retirement system or the state teachers retirement | 6898 |
system. | 6899 |
(5) "State retirement system" means the public employees | 6900 |
retirement system, state teachers retirement system, or the school | 6901 |
employees retirement system. | 6902 |
(B)(1) A member of the school employees retirement system who | 6903 |
holds two or more SERS positions may retire under section 3309.35, | 6904 |
3309.36, | 6905 |
for which the annual compensation at the time of retirement is | 6906 |
highest and continue to contribute to the retirement system for | 6907 |
the other SERS position or positions. | 6908 |
(2) A member of the school employees retirement system who | 6909 |
also holds one or more other positions covered by the other state | 6910 |
retirement systems may retire under section 3309.35, 3309.36, | 6911 |
6912 | |
continue contributing to the other state retirement systems if the | 6913 |
annual compensation for the SERS position at the time of | 6914 |
retirement is greater than annual compensation or earnable salary | 6915 |
for the position, or any of the positions, covered by the other | 6916 |
state retirement systems. | 6917 |
(3) A member of the school employees retirement system who | 6918 |
holds two or more SERS positions and at least one other position | 6919 |
covered by one of the other state retirement systems may retire | 6920 |
under section 3309.35, 3309.36, | 6921 |
Code from one of the SERS positions and continue contributing to | 6922 |
the school employees retirement system and the other state | 6923 |
retirement system if the annual compensation for the SERS position | 6924 |
from which the member is retiring is, at the time of retirement, | 6925 |
greater than the annual compensation or earnable salary for any of | 6926 |
the positions for which the member is continuing to make | 6927 |
contributions. | 6928 |
(4) A member of the school employees retirement system who | 6929 |
has retired as provided in division (B)(2) or (3) of section | 6930 |
145.383 or division (B)(2) or (3) of section 3307.351 of the | 6931 |
Revised Code may continue to contribute to the school employees | 6932 |
retirement system for an SERS position if the member held the | 6933 |
position at the time of retirement from the other state retirement | 6934 |
system. | 6935 |
(5) A member who contributes to the school employees | 6936 |
retirement system in accordance with division (B)(1), (3), or (4) | 6937 |
of this section shall contribute in accordance with section | 6938 |
3309.47 of the Revised Code. The member's employer shall | 6939 |
contribute as provided in section 3309.49 of the Revised Code. | 6940 |
Neither the member nor the member's survivors are eligible for any | 6941 |
benefits based on those contributions other than those provided | 6942 |
under section 145.384, 3307.352, or 3309.344 of the Revised Code. | 6943 |
(C)(1) In determining retirement eligibility and the annual | 6944 |
retirement allowance of a member who retires as provided in | 6945 |
division (B)(1), (2), or (3) of this section, the following shall | 6946 |
be used to the date of retirement: | 6947 |
(a) The member's earnable salary and compensation for all | 6948 |
positions covered by a state retirement system; | 6949 |
(b) Total service credit in any state retirement system, | 6950 |
except that the credit shall not exceed one year of credit for any | 6951 |
period of twelve months; | 6952 |
(c) The member's accumulated contributions. | 6953 |
(2) A member who retires as provided in division (B)(1), (2), | 6954 |
or (3) of this section is a retirant for all purposes of this | 6955 |
chapter, except that the member is not subject to section 3309.341 | 6956 |
of the Revised Code for a position or positions for which | 6957 |
contributions continue under those divisions or division (B)(4) of | 6958 |
this section. | 6959 |
(D) A retired member receiving a benefit under section | 6960 |
3309.344 of the Revised Code based on employment subject to this | 6961 |
section is not a member of the school employees retirement system | 6962 |
and does not have any rights, privileges, or obligations of | 6963 |
membership. The retired member is an SERS retirant for purposes of | 6964 |
section 3309.341 of the Revised Code. | 6965 |
(E) The school employees retirement board may adopt rules to | 6966 |
carry out this section. | 6967 |
Sec. 3309.353. As used in this section, "benefit" means any | 6968 |
allowance, pension, or other benefit to which an individual is | 6969 |
entitled and that
| 6970 |
3309.36, | 6971 |
3309.38 of the Revised Code. | 6972 |
The annual amount of each benefit for which eligibility was | 6973 |
established prior to February 1, 1983, shall, after the adjustment | 6974 |
required by section 3309.374 of the Revised Code, be increased by | 6975 |
five per cent. | 6976 |
Sec. 3309.354. As used in this section, "benefit" means any | 6977 |
allowance, pension, or other benefit to which an individual is | 6978 |
entitled and that he receives pursuant to section 3309.35, | 6979 |
3309.36, | 6980 |
3309.38 of the Revised Code. | 6981 |
Effective the first day of the month following
| 6982 |
6983 | |
benefits shall be increased as follows: | 6984 |
(A) The annual amount of each benefit for which eligibility | 6985 |
was established prior to February 1, 1983, shall, after all | 6986 |
adjustments required by this chapter, be increased by two per | 6987 |
cent; | 6988 |
(B) The annual amount of each benefit for which eligibility | 6989 |
was established on or after February 1, 1983, but prior to | 6990 |
6991 | |
adjustments required by this chapter, be increased by five per | 6992 |
cent. | 6993 |
Sec. 3309.36. (A) | 6994 |
retirement system | 6995 |
6996 | |
granted a retirement allowance consisting of the lesser of the sum | 6997 |
of the following amounts or the limit established by section 415 | 6998 |
of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. | 6999 |
415, as amended: | 7000 |
| 7001 |
employee's accumulated contributions at that time; | 7002 |
| 7003 |
| 7004 |
7005 |
| 7006 |
credit accumulated prior to October 1, 1956, a basic annual | 7007 |
pension equal to one hundred eighty dollars, except that such | 7008 |
basic annual pension shall not exceed the sum of the total annual | 7009 |
benefits provided by divisions (A)(1) | 7010 |
section. | 7011 |
| 7012 |
7013 | |
7014 | |
7015 | |
7016 |
| 7017 |
7018 |
| 7019 |
(B)(1) When a member retires on service retirement, the | 7020 |
member's allowance when computed as an annual single lifetime | 7021 |
allowance as provided in | 7022 |
section
| 7023 |
attained age
| 7024 |
service credit, shall be not less than the greater of the amounts | 7025 |
determined by multiplying the member's total service credit by the | 7026 |
following: | 7027 |
(a) Eighty-six dollars; | 7028 |
(b) Two and two-tenths per cent of the member's final average | 7029 |
salary for each of the first thirty years of service credit or | 7030 |
fraction thereof plus two and one-half per cent of the member's | 7031 |
final average salary for each subsequent year of service credit or | 7032 |
fraction thereof. | 7033 |
(2) | 7034 |
7035 | |
7036 | |
7037 | |
7038 |
7039 | |||||
7040 | |||||
7041 | |||||
7042 | |||||
7043 | |||||
7044 | |||||
7045 | |||||
7046 | |||||
7047 | |||||
7048 | |||||
7049 | |||||
7050 | |||||
7051 |
| 7052 |
7053 | |
7054 | |
7055 | |
7056 | |||
7057 | |||
7058 | |||
7059 | |||
7060 | |||
7061 | |||
7062 | |||
7063 |
| 7064 |
7065 | |
allowance determined under division (B)(1) of this section shall | 7066 |
be adjusted to be the actuarial equivalent of the member's | 7067 |
retirement allowance, as determined by the retirement board's | 7068 |
actuary, had the member retired at age | 7069 |
with thirty years of service credit, except that the retirement | 7070 |
allowance shall not be less than the following: | 7071 |
Per Cent | 7072 | ||
Years of Service | of | 7073 | |
Credit | Base Amount | 7074 | |
25 | 75% | 7075 | |
26 | 80 | 7076 | |
27 | 85 | 7077 | |
28 | 90 | 7078 | |
29 | 95 | 7079 |
| 7080 |
shall receive under this division shall not exceed the lesser of | 7081 |
one hundred per cent of the member's final average salary or the | 7082 |
limit established by section 415 of the "Internal Revenue Code of | 7083 |
1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended. | 7084 |
(C) Retirement allowances determined under this section shall | 7085 |
be paid as provided in section 3309.46 of the Revised Code. | 7086 |
(D) At least once every ten years, the school employees | 7087 |
retirement board shall direct its actuary to evaluate the | 7088 |
actuarial equivalents in division (B) | 7089 |
determine their appropriateness. The board may adjust the | 7090 |
actuarial equivalents in accordance with the actuary's | 7091 |
recommendations. | 7092 |
Sec. 3309.362. As used in this section, "benefit" means any | 7093 |
allowance, pension, or other benefit to which an individual is | 7094 |
entitled and that | 7095 |
3309.35, 3309.36,
| 7096 |
section 3309.38 of the Revised Code. | 7097 |
Effective July 1, 1981: | 7098 |
(A) The annual amount of each benefit for which eligibility | 7099 |
was established prior to January 1, 1977, shall, after the | 7100 |
adjustment required by section 3309.374 of the Revised Code, be | 7101 |
increased by six per cent or six hundred dollars, whichever is | 7102 |
less. | 7103 |
(B) The annual amount of each benefit for which eligibility | 7104 |
was established on or after January 1, 1977, but prior to January | 7105 |
1, 1980, shall, after the adjustment required by section 3309.374 | 7106 |
of the Revised Code, be increased by four per cent or four hundred | 7107 |
dollars, whichever is less. | 7108 |
Sec. 3309.371. On and after October 1, 1957, all persons in | 7109 |
receipt of, or who are or become eligible to receive, a monthly | 7110 |
allowance, pension, or other benefit effective prior to June 29, | 7111 |
1955, which is payable or becomes payable pursuant to sections | 7112 |
3309.36 to | 7113 |
section 3309.38 of the Revised Code, or an allowance payable at | 7114 |
any time under an option elected by a member and effective prior | 7115 |
to that date, shall be paid an increased allowance, pension, or | 7116 |
benefit as follows: | 7117 |
(A) An amount determined by increasing the original | 7118 |
allowance, pension, or benefit by the following percentages as | 7119 |
determined by the calendar year in which the allowance, pension, | 7120 |
or benefit became effective: | 7121 |
Calendar Year | Per Cent | 7122 | ||
Effective | of Increase | 7123 | ||
1937 - 1939 | 100 | 7124 | ||
1940 | 94 | 7125 | ||
1941 | 89 | 7126 | ||
1942 | 77 | 7127 | ||
1943 | 70 | 7128 | ||
1944 | 68 | 7129 | ||
1945 | 66 | 7130 | ||
1946 | 55 | 7131 | ||
1947 | 35 | 7132 | ||
1948 | 23 | 7133 | ||
1949 | 25 | 7134 | ||
1950 | 23 | 7135 | ||
1951 | 8 | 7136 | ||
1952 | 4 | 7137 | ||
1953 | 3 | 7138 | ||
1954 | 2 | 7139 | ||
Prior to June 29, 1955 | 2 | 7140 |
(B) If the amount of any such allowance, pension, or other | 7141 |
benefit is increased by division (A) of this section to an amount | 7142 |
less than one hundred ten per cent of the present amount payable | 7143 |
immediately prior to October 1, 1957, such present amount shall be | 7144 |
increased by ten per cent. | 7145 |
(C) On and after August 1, 1959, the monthly allowance, | 7146 |
pension, or other benefit effective prior to June 29, 1955, | 7147 |
(exclusive of any amount receivable monthly by reason of a | 7148 |
voluntary deposit made for additional annuity), together with the | 7149 |
supplemental allowance payable pursuant to divisions (A) and (B) | 7150 |
of this section, shall be increased by twelve per cent. | 7151 |
Sec. 3309.373. (A) On and after July 1, 1968, all | 7152 |
allowances, pensions, or other benefits, which are payable or | 7153 |
become payable and for which eligibility is established prior to | 7154 |
July 1, 1968, pursuant to sections 3309.35, 3309.36, | 7155 |
3309.40, 3309.45, and 3309.46 and former section 3309.38 of the | 7156 |
Revised Code shall be increased by the percentages as determined | 7157 |
by the effective date of the allowance, pension, or benefit as | 7158 |
follows: | 7159 |
Effective Date of Benefit | Percentage of | 7160 | ||
Calendar Year | Increase | 7161 | ||
1937 through 1955 | 24.3 | 7162 | ||
1956 | 22.5 | 7163 | ||
1957 | 18.4 | 7164 | ||
1958 | 15.2 | 7165 | ||
1959 | 14.3 | 7166 | ||
1960 | 12.5 | 7167 | ||
1961 | 11.3 | 7168 | ||
1962 | 10.1 | 7169 | ||
1963 | 8.7 | 7170 | ||
1964 | 7.3 | 7171 | ||
1965 | 5.6 | 7172 | ||
1966 | 2.6 | 7173 | ||
1967 | 2.0 | 7174 | ||
January 1, 1968 through June 30, 1968 | 2.0 | 7175 |
(B)(1) All increases as determined by applying the | 7176 |
percentages in the table in division (A) of this section shall be | 7177 |
reduced by the dollar amount of the increases granted in 1965 | 7178 |
pursuant to section 3309.372 of the Revised Code, except that no | 7179 |
allowance, pension, or benefit shall be reduced below the amount | 7180 |
due June 30, 1968 and no allowance granted under this section | 7181 |
shall be less than a total annual sum of thirty-six dollars. | 7182 |
(2) The allowances increased by division (A) of this section | 7183 |
shall exclude any monthly amount payable by reason of any | 7184 |
voluntary deposits made under section 3309.47 of the Revised Code. | 7185 |
(3) The increases provided by this section shall be granted | 7186 |
notwithstanding the final average salary limitation in sections | 7187 |
3309.36, 3309.40, and 3309.45 of the Revised Code. | 7188 |
(4) The cost of the increases provided by this section shall | 7189 |
be included in the employer contribution rate provided by section | 7190 |
3309.49 of the Revised Code. Such employer's contribution rate | 7191 |
shall not be increased until July 1, 1969 or later to reflect the | 7192 |
increased costs created by this section. | 7193 |
Sec. 3309.376. On and after December 31, 1971, all persons | 7194 |
who retired and were eligible to receive a pension that was | 7195 |
payable prior to July 1, 1968, pursuant to section 3309.36 | 7196 |
7197 | |
or in the event of the death of such persons, the person | 7198 |
designated by the deceased to receive payments under section | 7199 |
3309.46 of the Revised Code, shall receive an additional monthly | 7200 |
payment of two dollars for each year between the member's | 7201 |
effective date of retirement or disability and December 31, 1971, | 7202 |
or an additional fifty dollars, whichever is less. | 7203 |
Sec. 3309.379. (A) On and after the first day of the month | 7204 |
following the effective date of this section, each person eligible | 7205 |
to receive an allowance, pension, or benefit, pursuant to sections | 7206 |
3309.35, 3309.36, | 7207 |
3309.45, and section 3309.46 and former section 3309.38 of the | 7208 |
Revised Code, that was based upon an award made effective before | 7209 |
June 30, 1955, shall have the allowance, pension, or benefit | 7210 |
payable as of September 30, 1974, recalculated by the school | 7211 |
employees retirement board so that each such person shall receive | 7212 |
an annual single lifetime allowance, pension, or benefit or its | 7213 |
actuarial equivalent of not less than one hundred forty dollars | 7214 |
for each year of the member's total service credit, except that | 7215 |
service credit exceeding thirty-two years shall not be used in the | 7216 |
recalculation, and a final average salary limitation shall not be | 7217 |
applied. | 7218 |
If the amount of the allowance, pension, or benefit | 7219 |
recalculated under this division is less than the amount that is | 7220 |
payable on the effective date of this section, then the greater | 7221 |
allowance, pension, or benefit shall be continued. | 7222 |
(B) On and after the first day of the month following the | 7223 |
effective date of this section, each person receiving an | 7224 |
allowance, pension, or benefit, pursuant to sections 3309.35, | 7225 |
3309.36, | 7226 |
section 3309.46 and former section 3309.38 of the Revised Code, | 7227 |
that was first effective on and after June 30, 1955, through June | 7228 |
30, 1971, shall be paid an increased allowance, pension, or | 7229 |
benefit as follows: | 7230 |
Effective Date of the Member's | 7231 | |||
Allowance, Pension, or Benefit: | Per Cent of Increase: | 7232 | ||
June 30, 1955 through June 29, 1959 | 33 | 7233 | ||
June 30, 1959, through October 31, 1965 | 21 | 7234 | ||
November 1, 1965, through June 30, 1968 | 14 | 7235 | ||
July 1, 1968, through June 30, 1971 | 5 | 7236 |
The increase shall be applied to the allowance, pension, or | 7237 |
benefit payable on the effective date of this section. | 7238 |
(C) On and after the first day of the month following the | 7239 |
effective date of this section, each person receiving or qualified | 7240 |
to receive an allowance, pension, or benefit, pursuant to division | 7241 |
(B) of section 3309.45 of the Revised Code, that was effective on | 7242 |
and after June 14, 1951, through August 26, 1970, shall receive an | 7243 |
increase in such allowance, pension, or benefit in the amount of | 7244 |
twenty per cent. | 7245 |
Sec. 3309.3710. (A) Effective July 1, 1981, each person | 7246 |
eligible to receive an allowance, pension, or benefit pursuant to | 7247 |
sections 3309.35, 3309.36, | 7248 |
section 3309.45, and section 3309.46 and former section 3309.38 of | 7249 |
the Revised Code that was based upon an award made effective | 7250 |
before July 1, 1974, shall have the person's monthly allowance, | 7251 |
pension, or benefit increased by five per cent, except that the | 7252 |
twelve-month sum of such increases shall not exceed five per cent | 7253 |
of the first five thousand dollars of the annual allowance, | 7254 |
pension, or benefit. | 7255 |
(B) Effective July 1, 1981, each person receiving or | 7256 |
qualified to receive a benefit, pursuant to division (B) of | 7257 |
section 3309.45 of the Revised Code, that was effective on and | 7258 |
after June 14, 1951, through August 26, 1970, shall receive an | 7259 |
increase in such benefit of five per cent. | 7260 |
(C) The increases provided in divisions (A) and (B) of this | 7261 |
section shall be applied to the benefit payable on and after July | 7262 |
1, 1981. | 7263 |
(D) The increase in the monthly allowance, pension, or | 7264 |
benefit provided in divisions (A) and (B) of this section shall be | 7265 |
included in the calculation of additional benefits to recipients | 7266 |
under section 3309.374 of the Revised Code. | 7267 |
(E) The benefits provided in divisions (A) and (B) of this | 7268 |
section are a continuation of those first provided in Am. Sub. | 7269 |
H.B. 204 as passed by the 113th general assembly. | 7270 |
Sec. 3309.3711. Whenever the limits established by section | 7271 |
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 | 7272 |
U.S.C.A. 415, as amended, are raised, the school employees | 7273 |
retirement board shall increase the amount of the pension, | 7274 |
benefit, or allowance of any person whose pension, benefit, or | 7275 |
allowance payable under section 3309.36, 3309.374, | 7276 |
3309.381, 3309.40, or 3309.401 or former section 3309.38 of the | 7277 |
Revised Code was limited by the application of section 415. The | 7278 |
amount of the increased pension, benefit, or allowance shall not | 7279 |
exceed the lesser of the amount the person would have received if | 7280 |
the limits established by section 415 had not been applied or the | 7281 |
amount the person is eligible to receive subject to the new limits | 7282 |
established by section 415. | 7283 |
Sec. 3309.39. (A) The school employees retirement system | 7284 |
shall provide disability coverage to each member who has at least | 7285 |
five years of total service credit. | 7286 |
Not later than October 16, 1992, the school employees | 7287 |
retirement board shall give each person who is a member on July | 7288 |
29, 1992, the opportunity to elect disability coverage either | 7289 |
under section 3309.40 of the Revised Code or under section | 7290 |
3309.401 of the Revised Code. The board shall mail notice of the | 7291 |
election, accompanied by an explanation of the coverage under each | 7292 |
of the Revised Code sections and a form on which the election is | 7293 |
to be made, to each member at the member's last known address. The | 7294 |
board shall also provide the explanation and form to any member at | 7295 |
the member's request. | 7296 |
Regardless of whether the member actually receives notice of | 7297 |
the right to make an election, a member who fails to file a valid | 7298 |
election under this section shall be considered to have elected | 7299 |
disability coverage under section 3309.40 of the Revised Code. To | 7300 |
be valid, an election must be made on the form provided by the | 7301 |
retirement board, signed by the member, and filed with the board | 7302 |
not later than one hundred eighty days after the date the notice | 7303 |
was mailed, or, in the case of a form provided at the request of a | 7304 |
member, a date specified by rule of the retirement board. Once | 7305 |
made, an election is irrevocable, but if the member ceases to be a | 7306 |
member of the retirement system, the election is void. If a person | 7307 |
who makes an election under this section also makes an election | 7308 |
under section 145.35 or 3307.62 of the Revised Code, the election | 7309 |
made for the system that pays a disability benefit to that person | 7310 |
shall govern the benefit. | 7311 |
Disability coverage shall be provided under section 3309.401 | 7312 |
of the Revised Code for persons who become members after July 29, | 7313 |
1992, and for members who elect under this division to be covered | 7314 |
under section 3309.401 of the Revised Code. | 7315 |
The retirement board may adopt rules governing elections made | 7316 |
under this division. | 7317 |
(B) Application for a disability benefit may be made by a | 7318 |
member, by a person acting in the member's behalf, or by the | 7319 |
member's employer, provided the member has at least five years of | 7320 |
total service credit and has disability coverage under section | 7321 |
3309.40 or 3309.401 of the Revised Code. The application for a | 7322 |
disability benefit shall be made on a form provided by the | 7323 |
retirement board. The benefit payable to any member who is | 7324 |
approved for a disability benefit shall become effective on the | 7325 |
first day of the month next following the later of the following: | 7326 |
(1) The last day for which compensation was paid; | 7327 |
(2) The date on which the member was first incapacitated by | 7328 |
the disabling condition. | 7329 |
(C) Medical examination of a member who has applied for a | 7330 |
disability benefit shall be conducted by a competent disinterested | 7331 |
physician or physicians selected by the retirement board to | 7332 |
determine whether the member is mentally or physically | 7333 |
incapacitated for the performance of the member's last assigned | 7334 |
primary duty as an employee by a disabling condition either | 7335 |
permanent or presumed to be permanent for twelve continuous months | 7336 |
following the filing of an application. Such disability must have | 7337 |
occurred since last becoming a member or have increased since last | 7338 |
becoming a member to such extent as to make the disability | 7339 |
permanent or presumed to be permanent for twelve continuous months | 7340 |
following the filing of an application. | 7341 |
(D) Application for a disability benefit must be made within | 7342 |
two years from the date the member's contributing service | 7343 |
terminated, unless the retirement board determines that the | 7344 |
member's medical records demonstrate conclusively that at the time | 7345 |
the two-year period expired, the member was physically or mentally | 7346 |
incapacitated for duty as an employee and unable to make | 7347 |
application. Application may not be made by any person receiving a | 7348 |
service retirement allowance or commuted service retirement | 7349 |
allowance under section 3309.36 | 7350 |
section 3309.38 of the Revised Code or any person who, pursuant to | 7351 |
section 3309.42 of the Revised Code, has been paid the accumulated | 7352 |
contributions standing to the credit of the person's individual | 7353 |
account in the employees' savings fund. | 7354 |
(E) If the physician or physicians determine that the member | 7355 |
qualifies for a disability benefit, the retirement board concurs | 7356 |
with the determination, and the member agrees to medical treatment | 7357 |
as specified in division (F) of this section, the member shall | 7358 |
receive a disability benefit under section 3309.40 or 3309.401 of | 7359 |
the Revised Code. The action of the board shall be final. At the | 7360 |
time the board decides it concurs with the determination of the | 7361 |
physician or physicians, the board shall determine the date on | 7362 |
which the member was first incapacitated by the disabling | 7363 |
condition. | 7364 |
(F) The school employees retirement board shall adopt rules | 7365 |
requiring a disability benefit recipient, as a condition of | 7366 |
continuing to receive a disability benefit, to agree in writing to | 7367 |
obtain any medical treatment recommended by the board's physician | 7368 |
and submit medical reports regarding the treatment. If the board | 7369 |
determines that a disability benefit recipient is not obtaining | 7370 |
the medical treatment or the board does not receive a required | 7371 |
medical report, the disability benefit shall be suspended until | 7372 |
the treatment is obtained, the report is received by the board, or | 7373 |
the board's physician certifies that the treatment is no longer | 7374 |
helpful or advisable. Should the recipient's failure to obtain | 7375 |
treatment or submit a medical report continue for one year, the | 7376 |
recipient's right to the disability benefit shall be terminated as | 7377 |
of the effective date of the original suspension. | 7378 |
(G) In the event an employer files an application for a | 7379 |
disability benefit as a result of a member having been separated | 7380 |
from service because the member is considered to be mentally or | 7381 |
physically incapacitated for the performance of the member's last | 7382 |
assigned primary duty as an employee, and the physician or | 7383 |
physicians selected by the board report to the board that the | 7384 |
member is physically and mentally capable of performing service | 7385 |
similar to that from which the member was separated, and the board | 7386 |
concurs in such report, then the board shall so certify to the | 7387 |
employer and the employer shall restore the member to the member's | 7388 |
previous position and salary or to a similar position and salary. | 7389 |
Sec. 3309.401. (A) A member with disability coverage under | 7390 |
this section who is determined by the school employees retirement | 7391 |
board under section 3309.39 of the Revised Code to qualify for a | 7392 |
disability benefit shall receive a disability allowance under this | 7393 |
section. The allowance shall be an annual amount equal to the | 7394 |
greater of the following: | 7395 |
(1) Forty-five per cent of the member's final average salary; | 7396 |
(2) The member's total service credit multiplied by two and | 7397 |
two-tenths per cent of the member's final average salary, not | 7398 |
exceeding sixty per cent of the member's final average salary. | 7399 |
(B) Sufficient reserves for payment of the disability | 7400 |
allowance shall be transferred to the annuity and pension reserve | 7401 |
fund from the employers' accumulation fund. The accumulated | 7402 |
contributions of the member shall remain in the employees' savings | 7403 |
fund. No part of the allowance paid under this section shall be | 7404 |
charged against the member's accumulated contributions. | 7405 |
(C) A disability allowance paid under this section shall | 7406 |
terminate at the earliest of the following: | 7407 |
(1) The effective date of service retirement under section | 7408 |
3309.35 | 7409 |
(2) The date the allowance is terminated under section | 7410 |
3309.41 of the Revised Code; | 7411 |
(3) The later of the last day of the month in which the | 7412 |
recipient attains age sixty-five, or the last day of the month in | 7413 |
which the benefit period ends as follows: | 7414 |
Attained Age at Effective Date | 7415 | ||||
of Disability Allowance | Benefit Period | 7416 |
60 or 61 | 60 months | 7417 | |||
62 or 63 | 48 months | 7418 | |||
64 or 65 | 36 months | 7419 | |||
66, 67, or 68 | 24 months | 7420 | |||
69 or older | 12 months | 7421 |
Sec. 3309.45. Except as provided in division (C)(1) of this | 7422 |
section, in lieu of accepting the payment of the accumulated | 7423 |
account of a member who dies before service retirement, the | 7424 |
beneficiary, as determined in section 3309.44 of the Revised Code, | 7425 |
may elect to forfeit the accumulated account and to substitute | 7426 |
certain other benefits either under division (A) or (B) of this | 7427 |
section. | 7428 |
(A)(1) If a deceased member was eligible for a service | 7429 |
retirement allowance as provided in section 3309.36 | 7430 |
3309.381 of the Revised Code, a surviving spouse or other sole | 7431 |
dependent beneficiary may elect to receive a monthly benefit | 7432 |
computed as the joint-survivor allowance designated as "plan D" in | 7433 |
section 3309.46 of the Revised Code, which the member would have | 7434 |
received had the member retired on the last day of the month of | 7435 |
death and had the member at that time selected such joint-survivor | 7436 |
plan. Payment shall begin with the month subsequent to the | 7437 |
member's death. | 7438 |
(2) Beginning on a date selected by the school employees | 7439 |
retirement board, which shall be not later than July 1, 2004, a | 7440 |
surviving spouse or other sole dependent beneficiary may elect, in | 7441 |
lieu of a monthly payment under division (A)(1) of this section, a | 7442 |
plan of payment consisting of both of the following: | 7443 |
(a) A lump sum in an amount the surviving spouse or other | 7444 |
sole dependent beneficiary designates that constitutes a portion | 7445 |
of the allowance that would be payable under division (A)(1) of | 7446 |
this section; | 7447 |
(b) The remainder of that allowance in monthly payments. | 7448 |
The total amount paid as a lump sum and a monthly benefit | 7449 |
shall be the actuarial equivalent of the amount that would have | 7450 |
been paid had the lump sum not been selected. | 7451 |
The lump sum amount designated by the surviving spouse or | 7452 |
other sole dependent beneficiary under division (A)(2)(a) of this | 7453 |
section shall be not less than six times and not more than | 7454 |
thirty-six times the monthly amount that would be payable to the | 7455 |
surviving spouse or other sole dependent beneficiary under | 7456 |
division (A)(1) of this section and shall not result in a monthly | 7457 |
benefit that is less than fifty per cent of that monthly amount. | 7458 |
(B) If the deceased member had completed at least one and | 7459 |
one-half years of credit for Ohio service, with at least | 7460 |
one-quarter year of Ohio contributing service credit within the | 7461 |
two and one-half years prior to the date of death, or was | 7462 |
receiving at the time of death a disability benefit as provided in | 7463 |
section 3309.40 or 3309.401 of the Revised Code, qualified | 7464 |
survivors who elect to receive monthly benefits shall receive the | 7465 |
greater of the benefits provided in division (B)(1)(a) or (b) as | 7466 |
allocated in accordance with division (B)(5) of this section. | 7467 |
(1)(a) Number | Or | 7468 | ||||
of Qualified | Monthly | 7469 | ||||
survivors | Annual Benefit as a Per | Benefit | 7470 | |||
affecting | Cent of Decedent's Final | shall not be | 7471 | |||
the benefit | Average Salary | less than | 7472 |
1 | 25% | $96 | 7473 | ||||
2 | 40 | 186 | 7474 | ||||
3 | 50 | 236 | 7475 | ||||
4 | 55 | 236 | 7476 | ||||
5 or more | 60 | 236 | 7477 |
(b) Years of Service | Annual Benefit as a Per Cent of Member's Final Average Salary | 7478 |
20 | 29% | 7479 | |
21 | 33 | 7480 | |
22 | 37 | 7481 | |
23 | 41 | 7482 | |
24 | 45 | 7483 | |
25 | 48 | 7484 | |
26 | 51 | 7485 | |
27 | 54 | 7486 | |
28 | 57 | 7487 | |
29 or more | 60 | 7488 |
(2) Benefits shall begin as qualified survivors meet | 7489 |
eligibility requirements as follows: | 7490 |
(a) A qualified spouse is the surviving spouse of the | 7491 |
deceased member who is age sixty-two, or regardless of age if the | 7492 |
deceased member had ten or more years of Ohio service credit, or | 7493 |
regardless of age if caring for a surviving child, or regardless | 7494 |
of age if adjudged physically or mentally incompetent. | 7495 |
(b) A qualified child is any child of the deceased member who | 7496 |
has never been married and to whom one of the following applies: | 7497 |
(i) Is under age eighteen, or under age twenty-two if the | 7498 |
child is attending an institution of learning or training pursuant | 7499 |
to a program designed to complete in each school year the | 7500 |
equivalent of at least two-thirds of the full-time curriculum | 7501 |
requirements of such institution and as further determined by | 7502 |
board policy; | 7503 |
(ii) Regardless of age, is adjudged physically or mentally | 7504 |
incompetent if the incompetence existed prior to the member's | 7505 |
death and prior to the child attaining age eighteen, or age | 7506 |
twenty-two if attending an institution described in division | 7507 |
(B)(2)(b)(i) of this section. | 7508 |
(c) A qualified parent is a dependent parent aged sixty-five | 7509 |
or older. | 7510 |
(3) "Physically or mentally incompetent" as used in this | 7511 |
section may be determined by a court of jurisdiction, or by a | 7512 |
physician appointed by the retirement board. Incapability of | 7513 |
earning a living because of a physically or mentally disabling | 7514 |
condition shall meet the qualifications of this division. | 7515 |
(4) Benefits to a qualified survivor shall terminate upon a | 7516 |
first marriage, abandonment, adoption, or during active military | 7517 |
service. Benefits to a deceased member's surviving spouse that | 7518 |
were terminated under a former version of this section that | 7519 |
required termination due to remarriage and were not resumed prior | 7520 |
to September 16, 1998, shall resume on the first day of the month | 7521 |
immediately following receipt by the board of an application on a | 7522 |
form provided by the board. | 7523 |
Upon the death of any subsequent spouse who was a member of | 7524 |
the public employees retirement system, state teachers retirement | 7525 |
system, or school employees retirement system, the surviving | 7526 |
spouse of such member may elect to continue receiving benefits | 7527 |
under this division, or to receive survivor's benefits, based upon | 7528 |
the subsequent spouse's membership in one or more of the systems, | 7529 |
for which such surviving spouse is eligible under this section or | 7530 |
section 145.45 or 3307.66 of the Revised Code. If the surviving | 7531 |
spouse elects to continue receiving benefits under this division, | 7532 |
such election shall not preclude the payment of benefits under | 7533 |
this division to any other qualified survivor. | 7534 |
Benefits shall begin or resume on the first day of the month | 7535 |
following the attainment of eligibility and shall terminate on the | 7536 |
first day of the month following loss of eligibility. | 7537 |
(5)(a) If a benefit is payable under division (B)(1)(a) of | 7538 |
this section, benefits to a qualified spouse shall be paid in the | 7539 |
amount determined for the first qualifying survivor in division | 7540 |
(B)(1)(a) of this section, but shall not be less than one hundred | 7541 |
six dollars per month if the deceased member had ten or more years | 7542 |
of Ohio service credit. All other qualifying survivors shall share | 7543 |
equally in the benefit or remaining portion thereof. | 7544 |
(b) All qualifying survivors shall share equally in a benefit | 7545 |
payable under division (B)(1)(b) of this section, except that if | 7546 |
there is a surviving spouse, the surviving spouse shall receive no | 7547 |
less than the greater of the amount determined for the first | 7548 |
qualifying survivor in division (B)(1)(a) of this section or one | 7549 |
hundred six dollars per month. | 7550 |
(6) The beneficiary of a member who is also a member of the | 7551 |
public employees retirement system, or of the state teachers | 7552 |
retirement system, must forfeit the member's accumulated | 7553 |
contributions in those systems, if the beneficiary takes a | 7554 |
survivor benefit. Such benefit shall be exclusively governed by | 7555 |
section 3309.35 of the Revised Code. | 7556 |
(C)(1) Regardless of whether the member is survived by a | 7557 |
spouse or designated beneficiary, if the school employees | 7558 |
retirement system receives notice that a deceased member described | 7559 |
in division (A) or (B) of this section has one or more qualified | 7560 |
children, all persons who are qualified survivors under division | 7561 |
(B) of this section shall receive monthly benefits as provided in | 7562 |
division (B) of this section. | 7563 |
If, after determining the monthly benefits to be paid under | 7564 |
division (B) of this section, the system receives notice that | 7565 |
there is a qualified survivor who was not considered when the | 7566 |
determination was made, the system shall, notwithstanding section | 7567 |
3309.661 of the Revised Code, recalculate the monthly benefits | 7568 |
with that qualified survivor included, even if the benefits to | 7569 |
qualified survivors already receiving benefits are reduced as a | 7570 |
result. The benefits shall be calculated as if the qualified | 7571 |
survivor who is the subject of the notice became eligible on the | 7572 |
date the notice was received and shall be paid to qualified | 7573 |
survivors effective on the first day of the first month following | 7574 |
the system's receipt of the notice. | 7575 |
If the retirement system did not receive notice that a | 7576 |
deceased member has one or more qualified children prior to making | 7577 |
payment under section 3309.44 of the Revised Code to a beneficiary | 7578 |
as determined by the retirement system, the payment is a full | 7579 |
discharge and release of the system from any future claims under | 7580 |
this section or section 3309.44 of the Revised Code. | 7581 |
(2) If benefits under division (C)(1) of this section to all | 7582 |
persons, or to all persons other than a surviving spouse or other | 7583 |
sole beneficiary, terminate, there are no children under the age | 7584 |
of twenty-two years, and the surviving spouse or beneficiary | 7585 |
qualifies for benefits under division (A) of this section, the | 7586 |
surviving spouse or beneficiary may elect to receive benefits | 7587 |
under division (A) of this section. Benefits shall be effective on | 7588 |
the first day of the month following receipt by the board of an | 7589 |
application for benefits under division (A) of this section. | 7590 |
(D) The final average salary used in the calculation of a | 7591 |
benefit payable pursuant to division (A) or (B) of this section to | 7592 |
a survivor or beneficiary of a disability benefit recipient shall | 7593 |
be adjusted for each year between the disability benefit's | 7594 |
effective date and the recipient's date of death by the lesser of | 7595 |
three per cent or the actual average percentage increase in the | 7596 |
consumer price index prepared by the United States bureau of labor | 7597 |
statistics (U.S. City Average for Urban Wage Earners and Clerical | 7598 |
Workers: "All Items 1982-84=100"). | 7599 |
(E) If the survivor benefits due and paid under this section | 7600 |
are in a total amount less than the member's accumulated account | 7601 |
that was transferred from the employees' savings fund, the state | 7602 |
teachers retirement fund, and the public employees retirement fund | 7603 |
to the survivors' benefit fund, then the difference between the | 7604 |
total amount of the benefits paid shall be paid to the beneficiary | 7605 |
under section 3309.44 of the Revised Code. | 7606 |
Sec. 3309.46. (A) The retirement allowance calculated under | 7607 |
section 3309.36 | 7608 |
paid as provided in this section. If the member is eligible to | 7609 |
elect a plan of payment under this section, the election shall be | 7610 |
made on the application for retirement. A plan of payment elected | 7611 |
under this section shall be effective only if it is certified by | 7612 |
the actuary engaged by the school employees retirement board to be | 7613 |
the actuarial equivalent of the member's retirement allowance and | 7614 |
is approved by the retirement board. | 7615 |
(B)(1)(a) Except as provided in divisions (B)(1)(b) and (c) | 7616 |
of this section, a member who retires under section 3309.36 | 7617 |
7618 | |
retirement allowance under "plan A," which shall consist of the | 7619 |
actuarial equivalent of the member's retirement allowance | 7620 |
determined under section 3309.36 | 7621 |
Revised Code in a lesser amount payable for life and one-half of | 7622 |
such allowance continuing after death to the member's surviving | 7623 |
spouse for the life of the spouse. | 7624 |
(b) A member may receive a retirement allowance under a plan | 7625 |
of payment other than "plan A" if either of the following is the | 7626 |
case: | 7627 |
(i) The member is not married or either the member's spouse | 7628 |
consents in writing to the member's election to a plan of payment | 7629 |
other than "plan A" or the board waives the requirement that the | 7630 |
spouse consent; | 7631 |
(ii) A plan of payment providing for payment in a specified | 7632 |
amount continuing after the member's death to a former spouse is | 7633 |
required by a court order issued prior to the effective date of | 7634 |
the member's retirement under section 3105.171 or 3105.65 of the | 7635 |
Revised Code or the laws of another state regarding division of | 7636 |
marital property. | 7637 |
(c) If a member is subject to division (B)(1)(b)(ii) of this | 7638 |
section and the board has received a copy of the order described | 7639 |
in that division, the board shall accept the member's election of | 7640 |
a plan of payment under this section only if the member complies | 7641 |
with both of the following: | 7642 |
(i) The member elects a plan of payment that is in accordance | 7643 |
with the order described in division (B)(1)(b)(ii) of this | 7644 |
section. | 7645 |
(ii) If the member is married, the member elects "plan F" and | 7646 |
designates the member's current spouse as a beneficiary under that | 7647 |
plan unless that spouse consents in writing to not being | 7648 |
designated a beneficiary under any plan of payment or the board | 7649 |
waives the requirement that the current spouse consent. | 7650 |
(2) An application for retirement shall include an | 7651 |
explanation of all of the following: | 7652 |
(a) That, if the member is married, unless the spouse | 7653 |
consents to another plan of payment or there is a court order | 7654 |
dividing marital property issued under section 3105.171 or 3105.65 | 7655 |
of the Revised Code or the laws of another state regarding the | 7656 |
division of marital property that provides for payment in a | 7657 |
specified amount, the member's retirement allowance will be paid | 7658 |
under "plan A," which consists of the actuarial equivalent of the | 7659 |
member's retirement allowance in a lesser amount payable for life | 7660 |
and one-half of the allowance continuing after death to the | 7661 |
surviving spouse for the life of the spouse; | 7662 |
(b) A description of the alternative plans of payment, | 7663 |
including all plans described in divisions (B)(3) and (4) of this | 7664 |
section, available with the consent of the spouse; | 7665 |
(c) That the spouse may consent to another plan of payment | 7666 |
and the procedure for giving consent; | 7667 |
(d) That consent is irrevocable once notice of consent is | 7668 |
filed with the board. | 7669 |
Consent shall be valid only if it is in writing, signed by | 7670 |
the spouse, and witnessed by an employee of the school employees | 7671 |
retirement system or a notary public. The board may waive the | 7672 |
requirement of consent if the spouse is incapacitated or cannot be | 7673 |
located or for any other reason specified by the board. Consent or | 7674 |
waiver is effective only with regard to the spouse who is the | 7675 |
subject of the consent or waiver. | 7676 |
(3) | 7677 |
allowance under a plan of payment other than "plan A" shall | 7678 |
receive the retirement allowance under the plan described in | 7679 |
division (B)(4) of this section or one of the following plans: | 7680 |
(a) "Plan B," which shall consist of an allowance determined | 7681 |
under section 3309.36 | 7682 |
(b) "Plan C," which shall consist of the actuarial equivalent | 7683 |
of the member's retirement allowance determined under section | 7684 |
3309.36 | 7685 |
amount payable for life and one-half or some other portion of the | 7686 |
allowance continuing after death to the member's sole surviving | 7687 |
beneficiary designated at the time of the member's retirement, | 7688 |
provided that the amount payable to the beneficiary does not | 7689 |
exceed the amount payable to the member; | 7690 |
(c) "Plan D," which shall consist of the actuarial equivalent | 7691 |
of the member's retirement allowance determined under section | 7692 |
3309.36 | 7693 |
amount payable for life and continuing after death to a surviving | 7694 |
designated beneficiary designated at the time of the member's | 7695 |
retirement; | 7696 |
(d) "Plan E," which shall consist of the actuarial equivalent | 7697 |
of the member's retirement allowance determined under section | 7698 |
3309.36 | 7699 |
amount payable for a certain period from the member's retirement | 7700 |
date as elected by the member and approved by the retirement | 7701 |
board, and on the member's death before the expiration of that | 7702 |
certain period, the member's lesser retirement allowance continued | 7703 |
for the remainder of that period to, and in such order, the | 7704 |
beneficiaries as the member has nominated by written designation | 7705 |
and filed with the retirement board. | 7706 |
Monthly benefits shall not be paid to joint beneficiaries, | 7707 |
but they may receive the present value of any remaining payments | 7708 |
in a lump sum settlement. If all beneficiaries die before the | 7709 |
expiration of the certain period, the present value of all such | 7710 |
payments yet remaining in such period shall be paid to the estate | 7711 |
of the beneficiary last receiving. | 7712 |
(e) "Plan F," which shall consist of the actuarial equivalent | 7713 |
of the member's retirement allowance determined under section | 7714 |
3309.36 | 7715 |
amount payable to the member for life and some portion of the | 7716 |
lesser amount continuing after death to two, three, or four | 7717 |
surviving beneficiaries designated at the time of the member's | 7718 |
retirement. The portion of the lesser amount that continues after | 7719 |
the member's death shall be allocated among the beneficiaries at | 7720 |
the time of the member's retirement. If the member elects this | 7721 |
plan as required by a court order issued under section 3105.171 or | 7722 |
3105.65 of the Revised Code or the laws of another state regarding | 7723 |
the division of marital property and compliance with the court | 7724 |
order requires the allocation of a portion less than ten per cent | 7725 |
to any person, the member shall allocate a portion less than ten | 7726 |
per cent to that beneficiary in accordance with that order. In all | 7727 |
other circumstances, no portion allocated under this plan of | 7728 |
payment shall be less than ten per cent. The total of the portions | 7729 |
allocated shall not exceed one hundred per cent of the member's | 7730 |
lesser allowance. | 7731 |
(4)(a) Beginning on a date selected by the board, which shall | 7732 |
be not later than July 1, 2004, a member may elect, in lieu of a | 7733 |
plan of payment under division (B)(1) or (3) of this section, a | 7734 |
plan consisting of both a lump sum in an amount the member | 7735 |
designates that constitutes a portion of the retirement allowance | 7736 |
payable under a plan described in division (B)(1) or (3) of this | 7737 |
section and the remainder of the allowance payable under that plan | 7738 |
in monthly payments. | 7739 |
The total amount paid as a lump sum and a monthly benefit | 7740 |
shall be the actuarial equivalent of the amount that would have | 7741 |
been paid had the lump sum not been selected. | 7742 |
(b) The lump sum amount designated by the member shall be not | 7743 |
less than six times and not more than thirty-six times the monthly | 7744 |
amount that would be payable to the member under the plan of | 7745 |
payment elected under this section had the lump sum not been | 7746 |
elected and shall not result in a monthly benefit that is less | 7747 |
than fifty per cent of that amount. | 7748 |
(5) An election under division (B)(3) or (4) of this section | 7749 |
shall be made at the time the member makes application for | 7750 |
retirement. | 7751 |
(6) A member eligible to elect to receive a retirement | 7752 |
allowance under a plan of payment other than "plan A" because the | 7753 |
member is unmarried who fails to make an election on retirement | 7754 |
shall receive a retirement allowance under "plan B." | 7755 |
(C) Until the first payment of any retirement allowance is | 7756 |
made, as provided in sections 3309.36 | 7757 |
Revised Code, a member may change the member's election of a | 7758 |
payment plan if the election is made in accordance with and is | 7759 |
consistent with division (B) of this section. | 7760 |
(D) If the retirement allowances due and paid under the above | 7761 |
provisions of this section are in a total amount less than (1) the | 7762 |
accumulated contributions, (2) the deposits for additional credit | 7763 |
as provided by section 3309.31 of the Revised Code, (3) the | 7764 |
deposits for additional annuities as provided by section 3309.47 | 7765 |
of the Revised Code, (4) the deposits for repurchase of service | 7766 |
credit as provided by section 3309.26 of the Revised Code, (5) the | 7767 |
accumulated contributions provided by section 3309.65 of the | 7768 |
Revised Code, (6) the deposits for purchase of military service | 7769 |
credit provided by section 3309.021 or 3309.022 of the Revised | 7770 |
Code, and (7) the deposits for the purchase of service credit | 7771 |
provided by section 3309.73 of the Revised Code, standing to the | 7772 |
credit of the member at the time of retirement, then the | 7773 |
difference between the total amount of the allowances paid and the | 7774 |
accumulated contributions and other deposits shall be paid to the | 7775 |
beneficiary provided under division (D) of section 3309.44 of the | 7776 |
Revised Code. | 7777 |
(E)(1) The death of a spouse or any other designated | 7778 |
beneficiary following the member's retirement shall cancel the | 7779 |
portion of the plan of payment providing continuing lifetime | 7780 |
benefits to the deceased spouse or deceased designated | 7781 |
beneficiary. The retirant shall receive the actuarial equivalent | 7782 |
of the retirant's single lifetime retirement allowance as | 7783 |
determined by the board based on the number of remaining | 7784 |
beneficiaries, with no change in the amount payable to any | 7785 |
remaining beneficiary. | 7786 |
(2) On divorce, annulment, or marriage dissolution, a | 7787 |
retirant receiving a retirement allowance under a plan of payment | 7788 |
that provides for continuation of all or part of the allowance | 7789 |
after death for the lifetime of the retirant's surviving spouse | 7790 |
may elect to cancel the portion of the plan providing continuing | 7791 |
lifetime benefits to that spouse. The retirant shall receive the | 7792 |
actuarial equivalent of the retirant's single lifetime retirement | 7793 |
allowance as determined by the retirement board based on the | 7794 |
number of remaining beneficiaries, with no change in the amount | 7795 |
payable to any remaining beneficiary. In the case of a member who | 7796 |
retires on or after July 24, 1990, the election may be made only | 7797 |
with the written consent of the spouse or pursuant to an order of | 7798 |
the court with jurisdiction over the termination of the marriage. | 7799 |
The election shall be made on a form provided by the board and | 7800 |
shall be effective the month following its receipt by the board. | 7801 |
(3)(a) Following marriage or remarriage, both of the | 7802 |
following apply: | 7803 |
(i) A retirant who is receiving a benefit pursuant to "plan | 7804 |
B" may elect a new plan of payment under division (B)(1), (3)(b), | 7805 |
or (3)(c) of this section based on the actuarial equivalent of the | 7806 |
retirant's single lifetime retirement allowance as determined by | 7807 |
the board. | 7808 |
(ii) A retirant who is receiving a benefit pursuant to a plan | 7809 |
of payment providing for payment to a former spouse pursuant to a | 7810 |
court order described in division (B)(1)(b)(ii) of this section | 7811 |
may elect a new plan of payment under division (B)(3)(e) of this | 7812 |
section based on the actuarial equivalent of the retirant's single | 7813 |
lifetime retirement allowance as determined by the board if the | 7814 |
new plan of payment elected does not reduce the payment to the | 7815 |
former spouse. | 7816 |
(b) If the marriage or remarriage occurs on or after | 7817 |
7818 | |
be made not later than one year after the date of the marriage or | 7819 |
remarriage. | 7820 |
The plan elected under division (E)(3) of this section shall | 7821 |
become effective on the date of receipt by the board of an | 7822 |
application on a form approved by the board, but any change in the | 7823 |
amount of the retirement allowance shall commence on the first day | 7824 |
of the month following the effective date of the plan. | 7825 |
Sec. 3309.69. (A) As used in this section, "ineligible | 7826 |
individual" means all of the following: | 7827 |
(1) A former member receiving benefits pursuant to section | 7828 |
3309.34, 3309.35, 3309.36 | 7829 |
3309.38 of the Revised Code for whom eligibility is established | 7830 |
more than five years after June 13, 1981, and who, at the time of | 7831 |
establishing eligibility, has accrued less than ten years of | 7832 |
service credit, exclusive of credit obtained after January 29, | 7833 |
1981, pursuant to sections 3309.021, 3309.301, 3309.31, and | 7834 |
3309.33 of the Revised Code; | 7835 |
(2) The spouse of the former member; | 7836 |
(3) The beneficiary of the former member receiving benefits | 7837 |
pursuant to section 3309.46 of the Revised Code. | 7838 |
(B) The school employees retirement board may enter into an | 7839 |
agreement with insurance companies, health insuring corporations, | 7840 |
or government agencies authorized to do business in the state for | 7841 |
issuance of a policy or contract of health, medical, hospital, or | 7842 |
surgical benefits, or any combination thereof, for those | 7843 |
individuals receiving service retirement or a disability or | 7844 |
survivor benefit subscribing to the plan and their eligible | 7845 |
dependents. | 7846 |
If all or any portion of the policy or contract premium is to | 7847 |
be paid by any individual receiving service retirement or a | 7848 |
disability or survivor benefit, the person shall, by written | 7849 |
authorization, instruct the board to deduct the premiums agreed to | 7850 |
be paid by the individual to the companies, corporations, or | 7851 |
agencies. | 7852 |
The board may contract for coverage on the basis of part or | 7853 |
all of the cost of the coverage to be paid from appropriate funds | 7854 |
of the school employees retirement system. The cost paid from the | 7855 |
funds of the system shall be included in the employer's | 7856 |
contribution rate provided by sections 3309.49 and 3309.491 of the | 7857 |
Revised Code. The board shall not pay or reimburse the cost for | 7858 |
health care under this section or section 3309.375 of the Revised | 7859 |
Code for any ineligible individual. | 7860 |
The board may provide for self-insurance of risk or level of | 7861 |
risk as set forth in the contract with the companies, | 7862 |
corporations, or agencies, and may provide through the | 7863 |
self-insurance method specific benefits as authorized by the rules | 7864 |
of the board. | 7865 |
(C) The board shall, beginning the month following receipt of | 7866 |
satisfactory evidence of the payment for coverage, make a monthly | 7867 |
payment to each recipient of service retirement, or a disability | 7868 |
or survivor benefit under the school employees retirement system | 7869 |
who is eligible for insurance coverage under part B of "The Social | 7870 |
Security Amendments of 1965," 79 Stat. 301, 42 U.S.C.A. 1395j, as | 7871 |
amended, except that the board shall make no such payment to any | 7872 |
ineligible individual. Effective on the first day of the month | 7873 |
after April 9, 2001, the amount of the payment shall be the lesser | 7874 |
of an amount equal to the basic premium for such coverage, or an | 7875 |
amount equal to the basic premium in effect on January 1, 1999. | 7876 |
(D) The board shall establish by rule requirements for the | 7877 |
coordination of any coverage, payment, or benefit provided under | 7878 |
this section or section 3309.375 of the Revised Code with any | 7879 |
similar coverage, payment, or benefit made available to the same | 7880 |
individual by the public employees retirement system, Ohio police | 7881 |
and fire pension fund, state teachers retirement system, or state | 7882 |
highway patrol retirement system. | 7883 |
(E) The board shall make all other necessary rules pursuant | 7884 |
to the purpose and intent of this section. | 7885 |
Sec. 3375.411. A board of library trustees of a free public | 7886 |
library, appointed pursuant to the provisions of sections 3375.06, | 7887 |
3375.08, 3375.12, 3375.15, and 3375.22 of the Revised Code, which | 7888 |
has not less than seventy-five full-time employees, and which, | 7889 |
prior to September 16, 1943, was providing for retirement of the | 7890 |
employees of such library with annuities, insurance, or other | 7891 |
provisions, under authority granted by former section 7889 of the | 7892 |
General Code, may provide such retirement, insurance, or other | 7893 |
provisions in the same manner authorized by former section 7889 of | 7894 |
the General Code, as follows: the library board of such library | 7895 |
which has appropriated and paid the board's portion provided in | 7896 |
such system or plan, may continue to appropriate and pay the | 7897 |
board's portion provided in such system or plan out of the funds | 7898 |
received to the credit of such board by taxation or otherwise. | 7899 |
Each employee of such library who is to be included in a system of | 7900 |
retirement shall contribute to the retirement fund not less than | 7901 |
four per cent per annum of the employee's salary from the time of | 7902 |
eligibility to join the retirement system to the time of | 7903 |
retirement. If a group insurance plan is installed by any library, | 7904 |
not less than fifty per cent of the cost of such insurance shall | 7905 |
be borne by the employees included in such plan. | 7906 |
Provided, any employee whose employment by said library began | 7907 |
on or after September 16, 1943, may exempt self from inclusion in | 7908 |
such retirement system, or withdraw from such retirement system. | 7909 |
Upon such exemption or withdrawal, such person shall become a | 7910 |
member of the public employees retirement system in accordance | 7911 |
with former section 145.02 and sections | 7912 |
of the Revised Code, respectively. All employees appointed for the | 7913 |
first time on and after January 1, 1956, shall, for retirement | 7914 |
purposes, be eligible only for membership in the public employees | 7915 |
retirement system as provided in Chapter 145. of the Revised Code. | 7916 |
A library board which provides for the retirement of its | 7917 |
employees with annuities, insurance, or other provisions under the | 7918 |
authority granted by this section may, pursuant to a board | 7919 |
resolution adopted within thirty days after the effective date of | 7920 |
this section, terminate such retirement plan. Upon the effective | 7921 |
date of such termination, which is specified in the resolution, | 7922 |
each employee covered by such retirement plan shall become a | 7923 |
member of the public employees retirement system. | 7924 |
Sec. 5505.01. As used in this chapter: | 7925 |
(A) "Employee" means any qualified employee in the uniform | 7926 |
division of the state highway patrol, any qualified employee in | 7927 |
the radio division hired prior to November 2, 1989, and any state | 7928 |
highway patrol cadet attending training school pursuant to section | 7929 |
5503.05 of the Revised Code whose attendance at the school begins | 7930 |
on or after June 30, 1991. "Employee" includes the superintendent | 7931 |
of the state highway patrol. In all cases of doubt, the state | 7932 |
highway patrol retirement board shall determine whether any person | 7933 |
is an employee as defined in this division, and the decision of | 7934 |
the board is final. | 7935 |
(B) "Prior service" means all service rendered as an employee | 7936 |
of the state highway patrol prior to September 5, 1941, to the | 7937 |
extent credited by the board, provided that in no case shall prior | 7938 |
service include service rendered prior to November 15, 1933. | 7939 |
(C) "Total service" means all service rendered by an employee | 7940 |
to the extent credited by the board. Total service includes all of | 7941 |
the following: | 7942 |
(1) Contributing service rendered by the employee since last | 7943 |
becoming a member of the state highway patrol retirement system; | 7944 |
(2) All prior service credit; | 7945 |
(3) Restored service credit as provided in this chapter; | 7946 |
(4) Military service credit purchased under division (D) of | 7947 |
section 5505.16 or section 5505.25 of the Revised Code; | 7948 |
(5) Credit granted under division (C) of section 5505.17 or | 7949 |
section 5505.201, 5505.40, or 5505.402 of the Revised Code; | 7950 |
(6) Credit for any period, not to exceed three years, during | 7951 |
which the member was out of service and receiving benefits under | 7952 |
Chapters 4121. and 4123. of the Revised Code. | 7953 |
(D) "Beneficiary" means any person, except a retirant, who is | 7954 |
in receipt of a pension or other benefit payable from funds of the | 7955 |
retirement system. | 7956 |
(E) "Regular interest" means interest compounded at rates | 7957 |
designated from time to time by the retirement board. | 7958 |
(F) "Plan" means the provisions of this chapter. | 7959 |
(G) "Retirement system" or "system" means the state highway | 7960 |
patrol retirement system created and established in the plan. | 7961 |
(H) "Contributing service" means all service rendered by a | 7962 |
member since September 4, 1941, for which deductions were made | 7963 |
from the member's salary under the plan. | 7964 |
(I) "Retirement board" or "board" means the state highway | 7965 |
patrol retirement board provided for in the plan. | 7966 |
(J) Except as provided in section 5505.18 of the Revised | 7967 |
Code, "member" means any employee included in the membership of | 7968 |
the retirement system, whether or not rendering contributing | 7969 |
service. | 7970 |
(K) "Retirant" means any member who retires with a pension | 7971 |
payable from the retirement system. | 7972 |
(L) "Accumulated contributions" means the sum of the | 7973 |
following credited to a member's individual account in the | 7974 |
employees' savings fund: | 7975 |
(1) All amounts deducted from the salary of the member; | 7976 |
(2) All amounts paid by the member to purchase state highway | 7977 |
patrol retirement system service credit pursuant to this chapter | 7978 |
or other state law. | 7979 |
(M)(1) Except as provided in division (M)(2) of this section, | 7980 |
"final average salary" means the average of the highest salary | 7981 |
paid a member during any | 7982 |
years. | 7983 |
If a member has less than | 7984 |
service, the member's final average salary shall be the average of | 7985 |
the annual rates of salary paid to the member during the member's | 7986 |
total years of contributing service. | 7987 |
(2) If a member is credited with service under division | 7988 |
(C)(6) of this section or division (D) of section 5505.16 of the | 7989 |
Revised Code, the member's final average salary shall be the | 7990 |
average of the highest salary that was paid to the member or would | 7991 |
have been paid to the member, had the member been rendering | 7992 |
contributing service, during any | 7993 |
nonconsecutive years. If that member has less than | 7994 |
years of total service, the member's final average salary shall be | 7995 |
the average of the annual rates of salary that were paid to the | 7996 |
member or would have been paid to the member during the member's | 7997 |
years of total service. | 7998 |
(N) "Pension" means an annual amount payable by the | 7999 |
retirement system throughout the life of a person or as otherwise | 8000 |
provided in the plan. | 8001 |
(O) "Pension reserve" means the present value of any pension, | 8002 |
or benefit in lieu of any pension, computed upon the basis of | 8003 |
mortality and other tables of experience and interest the board | 8004 |
shall from time to time adopt. | 8005 |
(P) "Deferred pension" means a pension for which an eligible | 8006 |
member of the system has made application and which is payable as | 8007 |
provided in division (A) or (B) of section 5505.16 of the Revised | 8008 |
Code. | 8009 |
(Q) "Retirement" means termination as an employee of the | 8010 |
state highway patrol, with application having been made to the | 8011 |
system for a pension or a deferred pension. | 8012 |
(R) "Fiduciary" means any of the following: | 8013 |
(1) A person who exercises any discretionary authority or | 8014 |
control with respect to the management of the system, or with | 8015 |
respect to the management or disposition of its assets; | 8016 |
(2) A person who renders investment advice for a fee, direct | 8017 |
or indirect, with respect to money or property of the system; | 8018 |
(3) A person who has any discretionary authority or | 8019 |
responsibility in the administration of the system. | 8020 |
(S)(1) Except as otherwise provided in this division, | 8021 |
"salary" means all compensation, wages, and other earnings paid to | 8022 |
a member by reason of employment but without regard to whether any | 8023 |
of the compensation, wages, or other earnings are treated as | 8024 |
deferred income for federal income tax purposes. Salary includes | 8025 |
all of the following: | 8026 |
(a) Payments for shift differential, hazard duty, | 8027 |
professional achievement, and longevity; | 8028 |
(b) Payments for occupational injury leave, personal leave, | 8029 |
sick leave, bereavement leave, administrative leave, and vacation | 8030 |
leave used by the member; | 8031 |
(c) Payments made under a disability leave program sponsored | 8032 |
by the state for which the state is required by section 5505.151 | 8033 |
of the Revised Code to make periodic employer and employee | 8034 |
contributions to the retirement system. | 8035 |
(2) "Salary" does not include any of the following: | 8036 |
(a) Payments resulting from the conversion of accrued but | 8037 |
unused sick leave, personal leave, compensatory time, and vacation | 8038 |
leave; | 8039 |
(b) Payments made by the state to provide life insurance, | 8040 |
sickness, accident, endowment, health, medical, hospital, dental, | 8041 |
or surgical coverage, or other insurance for the member or the | 8042 |
member's family, or amounts paid by the state to the member in | 8043 |
lieu of providing that insurance; | 8044 |
(c) Payments for overtime work; | 8045 |
(d) Incidental benefits, including lodging, food, laundry, | 8046 |
parking, or services furnished by the state, use of property or | 8047 |
equipment of the state, and reimbursement for job-related expenses | 8048 |
authorized by the state including moving and travel expenses and | 8049 |
expenses related to professional development; | 8050 |
(e) Payments made to or on behalf of a member that are in | 8051 |
excess of the annual compensation that may be taken into account | 8052 |
by the retirement system under division (a)(17) of section 401 of | 8053 |
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 8054 |
401 (a)(17), as amended; | 8055 |
(f) Payments made under division (B), (C), or (E) of section | 8056 |
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill | 8057 |
No. 3 of the 119th general assembly, Section 3 of Amended | 8058 |
Substitute Senate Bill No. 164 of the 124th general assembly, or | 8059 |
Amended Substitute House Bill No. 405 of the 124th general | 8060 |
assembly. | 8061 |
(3) The retirement board shall determine by rule whether any | 8062 |
compensation, wages, or earnings not enumerated in this division | 8063 |
are salary, and its decision shall be final. | 8064 |
(T) "Actuary" means an individual who satisfies all of the | 8065 |
following requirements: | 8066 |
(1) Is a member of the American academy of actuaries; | 8067 |
(2) Is an associate or fellow of the society of actuaries; | 8068 |
(3) Has a minimum of five years' experience in providing | 8069 |
actuarial services to public retirement plans. | 8070 |
Sec. 5505.03. (A) The funds created by this section are the | 8071 |
"employees' savings fund," "employer's accumulation fund," | 8072 |
"pension reserve fund," "survivors' benefit fund," "income fund," | 8073 |
and "expense fund." When reference is made to any of such funds, | 8074 |
such reference is made to each as a separate legal entity; | 8075 |
provided that the moneys in the funds may be intermingled for | 8076 |
deposit and investment purposes. | 8077 |
(B) The employees' savings fund is the fund in which shall be | 8078 |
accumulated the contributions deducted from the salaries of | 8079 |
members, except as provided in division (B)(1)(b) of section | 8080 |
5505.54 of the Revised Code. Any refunds of accumulated | 8081 |
contributions, as provided in the plan, shall be paid from such | 8082 |
fund. Upon a member's retirement, | 8083 |
contributions standing to
| 8084 |
shall be transferred to the pension reserve fund if | 8085 |
member's retirement occurs on or after January 1, 1966, or to the | 8086 |
employer's accumulation fund if | 8087 |
occurred prior to January 1, 1966. If a pension is payable on | 8088 |
account of the death of a member, | 8089 |
contributions standing to
| 8090 |
employees' savings fund shall be transferred to the survivors' | 8091 |
benefit fund if | 8092 |
1966, or to the employer's accumulation fund if | 8093 |
death occurs prior to January 1, 1966. | 8094 |
(C)(1) The employer's accumulation fund is the fund in which | 8095 |
shall be accumulated the state's contribution to the state highway | 8096 |
patrol retirement system and the amounts contributed under | 8097 |
division (B)(1)(b) of section 5505.54 of the Revised Code. Upon a | 8098 |
member's retirement after January 1, 1966, the difference between | 8099 |
8100 | |
contributions shall be transferred to the pension reserve fund. If | 8101 |
a pension is payable on account of a member's death occurring | 8102 |
after January 1, 1966, the difference between the pension reserve | 8103 |
for that pension and | 8104 |
shall be transferred to the survivors' benefit fund. | 8105 |
(2) All pensions allowed and payable prior to January 1, | 8106 |
1966, shall be continued according to the provisions of the plan | 8107 |
in force the day preceding January 1, 1966, unless otherwise | 8108 |
provided for in this chapter and shall be paid from the employer's | 8109 |
accumulation fund. | 8110 |
(D) The pension reserve fund is the fund from which shall be | 8111 |
paid all pensions on account of members who retire on or after | 8112 |
January 1, 1966. If a disability retirant returns to the employ of | 8113 |
the state highway patrol, | 8114 |
reserve at that time shall be transferred to the employees' | 8115 |
savings fund and the employer's accumulation fund in the same | 8116 |
proportion as the pension reserve was originally transferred to | 8117 |
the pension reserve fund. | 8118 |
(E) The survivors' benefit fund is the fund from which shall | 8119 |
be paid all pensions, payable under section 5505.17 of the Revised | 8120 |
Code, on account of members who die on or after January 1, 1966. | 8121 |
(F)(1) The income fund is the fund to which shall be credited | 8122 |
all interest, dividends, distributions, and other income derived | 8123 |
from deposits and investments of moneys of the retirement system, | 8124 |
all gifts and bequests to the system, all transfers from the | 8125 |
employees' savings fund because of lack of claimant, and any other | 8126 |
moneys the disposition of which is not otherwise provided for in | 8127 |
the plan. | 8128 |
(2) If the balance in the income fund exceeds the | 8129 |
requirements of the fund, the state highway patrol retirement | 8130 |
board may transfer amounts from the income fund to meet special | 8131 |
requirements of the various other funds of the retirement system. | 8132 |
(G) The expense fund is the fund from which the expense of | 8133 |
the administration of this chapter shall be paid, exclusive of | 8134 |
amounts payable as retirement allowances and as other benefits. | 8135 |
The state highway patrol retirement board shall estimate annually | 8136 |
the amount to be provided in the expense fund and such amount | 8137 |
shall be transferred from the income fund. If such amount is | 8138 |
insufficient during any year, the board is authorized to transfer | 8139 |
the amount of such insufficiency from the income fund. | 8140 |
Sec. 5505.15. (A)(1) A member of the state highway patrol | 8141 |
retirement system shall contribute
| 8142 |
member's annual salary to the state highway patrol retirement | 8143 |
fund. The amount shall be deducted by the employer from the | 8144 |
employee's salary for each payroll period. | 8145 |
(2) The total contributions arising from deductions made | 8146 |
prior to January 1, 1966, from the salaries of members in the | 8147 |
employ of the state highway patrol and standing to the credit of | 8148 |
their individual accounts in the retirement fund shall be | 8149 |
transferred and credited to their respective individual accounts | 8150 |
in the employees' savings fund. | 8151 |
(B) The state shall annually pay into the employer | 8152 |
accumulation fund, in monthly or less frequent installments as the | 8153 |
state highway patrol retirement board requires, the employer | 8154 |
contribution. The employer contribution shall be an amount equal | 8155 |
to twenty-six and one-half per cent of the total salaries paid | 8156 |
contributing members. If a member severs connection with the | 8157 |
patrol or is dismissed, the employer contribution shall remain in | 8158 |
the retirement system. | 8159 |
The rate percentage of the employer contribution shall be | 8160 |
certified by the board to the director of budget and management | 8161 |
and shall not be lower than nine per cent of the total salaries | 8162 |
paid contributing members and shall not exceed three times the | 8163 |
rate percentage being deducted from the annual salaries of | 8164 |
contributing members. The board shall prepare and submit to the | 8165 |
director, on or before the first day of November of each | 8166 |
even-numbered year, an estimate of the amounts necessary to pay | 8167 |
the state's obligations accruing during the biennium beginning the | 8168 |
first day of July of the following year. Such amounts shall be | 8169 |
included in the budget and allocated as certified by the board. | 8170 |
Sec. 5505.174. (A) | 8171 |
8172 |
| 8173 |
been receiving pensions pursuant to division (B) of section | 8174 |
5505.16, section 5505.162, division (A)(1), (3), (4), (5), (6), or | 8175 |
(7) of section 5505.17, or division (B) of section 5505.18 of the | 8176 |
Revised Code for not less than twelve months | 8177 |
receive an increase under this section | 8178 |
| 8179 |
8180 | |
8181 |
| 8182 |
8183 | |
8184 | |
8185 |
(B)(1) The state highway patrol retirement board shall | 8186 |
annually increase | 8187 |
persons under this chapter | 8188 |
8189 | |
8190 | |
8191 |
| 8192 |
8193 | |
8194 | |
8195 | |
the following: | 8196 |
(a) For each person sixty-five years of age or older who is | 8197 |
receiving a pension not greater than one hundred eighty-five per | 8198 |
cent of the federal poverty level for a family of two persons, as | 8199 |
revised annually by the United States department of health and | 8200 |
human services in accordance with section 673(2) of the "Omnibus | 8201 |
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as | 8202 |
amended, the board shall increase the pension by three per cent. | 8203 |
(b) For persons other than those described in division | 8204 |
(B)(1)(a) of this section, the board shall increase the pension by | 8205 |
two per cent, except that for any calendar year in which the | 8206 |
actuarial valuation required by section 5505.12 of the Revised | 8207 |
Code demonstrates that a period of less than thirty years is | 8208 |
required to amortize the state highway patrol retirement system's | 8209 |
unfunded actuarial accrued pension liabilities, the board may | 8210 |
increase the pension by not more than three per cent. | 8211 |
(2) No increase under this section shall exceed the limit | 8212 |
established by section 415 of the "Internal Revenue Code of 1986," | 8213 |
100 Stat. 2085, 26 U.S.C. 415, as amended. | 8214 |
(3) The date of the first increase paid under this section | 8215 |
shall be the anniversary date for future increases. The pension | 8216 |
used in the first calculation of an increase under this section | 8217 |
shall remain as the base for all future increases paid under this | 8218 |
section, unless a new base is established. | 8219 |
| 8220 |
8221 | |
8222 | |
8223 |
(C) If payment of a portion of a benefit is made to an | 8224 |
alternate payee under section 5505.261 of the Revised Code, | 8225 |
increases under this section granted while the order is in effect | 8226 |
shall be apportioned between the alternate payee and the eligible | 8227 |
person in the same proportion that the amount being paid to the | 8228 |
alternate payee bears to the amount paid to the eligible person. | 8229 |
If payment of a portion of a benefit is made to one or more | 8230 |
beneficiaries under "option 4" under division (A)(4) of section | 8231 |
5505.162 of the Revised Code, each increase under this section | 8232 |
granted while the plan of payment is in effect shall be divided | 8233 |
among the designated beneficiaries in accordance with the portion | 8234 |
each beneficiary has been allocated. | 8235 |
(D) The board shall adopt, and may amend or rescind, any rule | 8236 |
necessary to carry out this section. | 8237 |
Sec. 5505.54. (A) During the period beginning on the | 8238 |
effective date of an election to participate in the deferred | 8239 |
retirement option plan and ending on the date participation | 8240 |
ceases, a member's monthly pension amount determined under section | 8241 |
5505.53 of the Revised Code shall accrue to the member's benefit. | 8242 |
To this amount shall be added any benefit increases the member | 8243 |
would be eligible for under section 5505.174 of the Revised Code | 8244 |
had the member, on the effective date of the member's election, | 8245 |
retired under section 5505.16 of the Revised Code. | 8246 |
(B)(1) The | 8247 |
salary contributed under division (A) of section 5505.15 of the | 8248 |
Revised Code by a member participating in the deferred retirement | 8249 |
option plan shall | 8250 |
follows: | 8251 |
(a) Ten per cent of the member's annual salary shall accrue | 8252 |
to the member's benefit. | 8253 |
(b) One per cent of the member's annual salary shall be | 8254 |
credited to the employer's accumulation fund. | 8255 |
(2) The state highway patrol retirement system shall credit | 8256 |
to the employer's accumulation fund the amounts contributed by the | 8257 |
state under section 5505.15 of the Revised Code on behalf of a | 8258 |
member participating in the deferred retirement option plan. | 8259 |
(C) During the period beginning on the election's effective | 8260 |
date and ending on the date the member ceases participation in the | 8261 |
plan, the amounts described in divisions (A) and (B)(1)(a) of this | 8262 |
section shall earn interest at an annual rate established by the | 8263 |
state highway patrol retirement board and compounded annually | 8264 |
using a method established by rule adopted under section 5505.50 | 8265 |
of the Revised Code. | 8266 |
Section 2. That existing sections 145.01, 145.20, 145.201, | 8267 |
145.22, 145.28, 145.29, 145.291, 145.293, 145.294, 145.295, | 8268 |
145.297, 145.298, 145.299, 145.2911, 145.2912, 145.2913, 145.2914, | 8269 |
145.30, 145.32, 145.323, 145.33, 145.331, 145.34, 145.35, 145.36, | 8270 |
145.361, 145.362, 145.37, 145.383, 145.39, 145.40, 145.401, | 8271 |
145.41, 145.44, 145.45, 145.452, 145.462, 145.47, 145.48, 145.483, | 8272 |
145.49, 145.51, 145.54, 145.56, 145.561, 145.563, 145.58, 145.82, | 8273 |
145.87, 145.92, 145.95, 145.97, 742.01, 742.31, 742.33, 742.34, | 8274 |
742.35, 742.37, 742.3716, 742.38, 742.39, 742.44, 742.444, 742.63, | 8275 |
2329.66, 3305.06, 3307.26, 3307.501, 3307.58, 3307.67, 3309.26, | 8276 |
3309.312, 3309.33, 3309.34, 3309.341, 3309.343, 3309.353, | 8277 |
3309.354, 3309.36, 3309.362, 3309.371, 3309.373, 3309.376, | 8278 |
3309.379, 3309.3710, 3309.3711, 3309.39, 3309.401, 3309.45, | 8279 |
3309.46, 3309.69, 3375.411, 5505.01, 5505.03, 5505.15, 5505.174, | 8280 |
and 5505.54 and sections 145.02, 145.292, 145.321, 145.322, | 8281 |
145.324, 145.326, 145.327, 145.328, 145.329, 145.3210, 145.3211, | 8282 |
145.3212, 145.3213, 145.332, 145.42, 145.44, and 3309.38 of the | 8283 |
Revised Code are hereby repealed. | 8284 |
Section 3. Notwithstanding the times specified in the | 8285 |
amendments to section 145.87 of the Revised Code made by this act, | 8286 |
if the Public Employees Retirement Board determines from an | 8287 |
actuarial study that a decrease in the percentage transferred | 8288 |
under that section is warranted, the Board may decrease the | 8289 |
percentage transferred not later than one hundred twenty days | 8290 |
after the effective date of this section. The decrease shall take | 8291 |
effect on the first day of the second month following the Board's | 8292 |
action. | 8293 |
Section 4. (A) The amendments by this act regarding the | 8294 |
purchase or obtainment of service credit from the Public Employees | 8295 |
Retirement System apply to any purchase or obtainment of service | 8296 |
credit a member of the retirement system initiated not later than | 8297 |
six months after the effective date of this section. A purchase or | 8298 |
obtainment of service credit shall be considered to have been | 8299 |
initiated not later than six months after the effective date of | 8300 |
this section if the member made one or more payments before that | 8301 |
date. | 8302 |
(B) Any purchase or obtainment of service credit under | 8303 |
Chapter 145. of the Revised Code shall continue at the total cost | 8304 |
of that credit immediately before the period ending six months | 8305 |
after the effective date of this section if the retirement system | 8306 |
receives from the member one or more payments not later than six | 8307 |
months after the effective date of this section. The total cost | 8308 |
shall continue unchanged unless the requirements of section | 8309 |
145.294 of the Revised Code, and any applicable rules adopted | 8310 |
pursuant to that section, are not met. | 8311 |
Section 5. (A) The amendments by this act of sections | 8312 |
742.33, 742.34, and 742.35 of the Revised Code regarding the | 8313 |
frequency of employer payments to the Ohio Police and Fire Pension | 8314 |
Fund apply to police officer employers' contributions and | 8315 |
firefighter employers' contributions due the Fund for employee | 8316 |
payrolls paid on or after the ninety-first day after the effective | 8317 |
date of this section. | 8318 |
(B) Police officer employers' contributions and firefighter | 8319 |
employers' contributions due the Fund for employee payrolls paid | 8320 |
before the ninety-first day after the effective date of this | 8321 |
section shall be paid to the Fund not later than the date the | 8322 |
contributions would have been due under section 742.33 or 742.34 | 8323 |
of the Revised Code, as those sections existed immediately prior | 8324 |
to the effective date of this section. | 8325 |
(C) Any applicable penalty determined under section 742.352 | 8326 |
of the Revised Code shall be assessed against an employer if the | 8327 |
employer fails to make a payment on or before the date the payment | 8328 |
is due. | 8329 |
Section 6. The amendment by this act of section 3307.67 of | 8330 |
the Revised Code takes effect July 1, 2011. | 8331 |
Section 7. The amendments by this act of sections 3307.501 | 8332 |
and 3307.58 of the Revised Code take effect August 1, 2015. | 8333 |
Section 8. The amendments by this act of sections 3309.26, | 8334 |
3309.33, 3309.34, 3309.341, 3309.343, 3309.353, 3309.354, 3309.36, | 8335 |
3309.362, 3309.371, 3309.373, 3309.376, 3309.379, 3309.3710, | 8336 |
3309.3711, 3309.39, 3309.401, 3309.45, 3309.46, and 3309.69 of the | 8337 |
Revised Code take effect August 1, 2015. | 8338 |
Section 9. The amendments by this act of section 5505.01 of | 8339 |
the Revised Code take effect January 1, 2015. | 8340 |
Section 10. Section 2329.66 of the Revised Code is presented | 8341 |
in this act as a composite of the section as amended by Sub. H.B. | 8342 |
332, Sub. S.B. 3, and Sub. S.B. 281 of the 127th General Assembly. | 8343 |
The General Assembly, applying the principle stated in division | 8344 |
(B) of section 1.52 of the Revised Code that amendments are to be | 8345 |
harmonized if reasonably capable of simultaneous operation, finds | 8346 |
that the composite is the resulting version of the section in | 8347 |
effect prior to the effective date of the section as presented in | 8348 |
this act. | 8349 |