Bill Text: OH SB110 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To include the survivors of probation officers killed in the line of duty among those eligible to receive benefits from the Ohio Public Safety Officers Death Benefit Fund.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-08 - To Health, Human Services, & Aging [SB110 Detail]

Download: Ohio-2011-SB110-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 110

Senator Wilson 

Cosponsors: Senators Patton, Schaffer, Turner, Kearney 

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A BILL

To amend section 742.63 of the Revised Code to

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include the survivors of probation officers killed

2

in the line of duty among those eligible to

3

receive benefits from the Ohio Public Safety

4

Officers Death Benefit Fund.

5

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

Section 1. That section 742.63 of the Revised Code be amended	6
to read as follows:	7

Sec. 742.63.  The board of trustees of the Ohio police and	8
fire pension fund shall adopt rules for the management of the Ohio	9
public safety officers death benefit fund and for disbursements of	10
benefits as set forth in this section.	11

(A) As used in this section:

12

(1) "Member" means all of the following:

13

(a) A member of the Ohio police and fire pension fund,	14
including a member of the fund who has elected to participate in	15
the deferred retirement option plan established under section	16
742.43 of the Revised Code or a member of or contributor to a	17
police or firemen's relief and pension fund established under	18
former Chapter 521. or 741. of the Revised Code;	19

(b) A member of the state highway patrol retirement system,	20
including a member who is participating in the deferred retirement	21
option plan established under section 5505.50 of the Revised Code;	22

(c) A member of the public employees retirement system who at	23
the time of the member's death was one of the following:	24

(i) A county sheriff or deputy sheriff;

25

(ii) A full-time regular police officer in a municipal	26
corporation or township;	27

(iii) A full-time regular firefighter employed by the state,	28
an instrumentality of the state, a municipal corporation, a	29
township, a joint fire district, or another political subdivision;	30

(iv) A full-time park district ranger or patrol trooper;

31

(v) A full-time law enforcement officer of the department of	32
natural resources;	33

(vi) A full-time department of public safety enforcement	34
agent;	35

(vii) A full-time law enforcement officer of parks, waterway	36
lands, or reservoir lands under the control of a municipal	37
corporation;	38

(viii) A full-time law enforcement officer of a conservancy	39
district;	40

(ix) A correction officer at an institution under the control	41
of a county, a group of counties, a municipal corporation, or the	42
department of rehabilitation and correction;	43

(x) A state university law enforcement officer;

44

(xi) An investigator, as defined in section 109.541 of the	45
Revised Code, or an investigator commissioned as a special agent	46
of the bureau of criminal identification and investigation.;	47

(xii) A drug agent, as defined in section 145.01 of the	48
Revised Code;	49

(xiii) A probation officer appointed by a judge of a	50
municipal court pursuant to section 1901.33 of the Revised Code, a	51
juvenile judge pursuant to section 2151.13 of the Revised Code, or	52
a court of common pleas pursuant to section 2301.27 of the Revised	53
Code.	54

(d) A member of a retirement system operated by a municipal	55
corporation who at the time of death was aeither of the	56
following:	57

(i) A full-time law enforcement officer of parks, waterway	58
lands, or reservoir lands under the control of the municipal	59
corporation;	60

(ii) A probation officer appointed by a judge of a municipal	61
court pursuant to section 1901.33 of the Revised Code.	62

(2) Notwithstanding section 742.01 of the Revised Code, "fire	63
or police department" includes a fire department of the state or	64
an instrumentality of the state or of a municipal corporation,	65
township, joint fire district, or other political subdivision, the	66
state highway patrol, a county sheriff's office, the security	67
force of an institution under the control of the department of	68
rehabilitation and correction, the security force of a jail or	69
workhouse under the control of a county, group of counties, or	70
municipal corporation, the security force of a metropolitan,	71
county, or township park district, the security force of lands	72
under the control of the department of natural resources,	73
department of public safety enforcement agents, the security force	74
of parks, waterway lands, or reservoir lands under the control of	75
a municipal corporation, the security force of a conservancy	76
district, the police department of a township or municipal	77
corporation, and the police force of a state university.	78

(3) "Firefighter or police officer" includes a state highway	79
patrol trooper, a county sheriff or deputy sheriff, a correction	80
officer at an institution under the control of a county, a group	81
of counties, a municipal corporation, or the department of	82
rehabilitation and correction, a police officer employed by a	83
township or municipal corporation, a firefighter employed by the	84
state, an instrumentality of the state, a municipal corporation, a	85
township, a joint fire district, or another political subdivision,	86
a full-time park district ranger or patrol trooper, a full-time	87
law enforcement officer of the department of natural resources, a	88
full-time department of public safety enforcement agent, a	89
full-time law enforcement officer of parks, waterway lands, or	90
reservoir lands under the control of a municipal corporation, a	91
full-time law enforcement officer of a conservancy district, and a	92
state university law enforcement officer.	93

(4) "Correction officer" includes, in addition to any	94
correction officer, any correction corporal, sergeant, lieutenant,	95
or captain, and the equivalents of all such persons.	96

(5) "A park district ranger or patrol trooper" means a peace	97
officer commissioned to make arrests, execute warrants, and	98
preserve the peace upon lands under the control of a board of park	99
commissioners of a metropolitan, county, or township park	100
district.	101

(6) "Metropolitan, county, or township park district" means a	102
park district created under the authority of Chapter 511. or 1545.	103
of the Revised Code.	104

(7) "Conservancy district" means a conservancy district	105
created under the authority of Chapter 6101. of the Revised Code.	106

(8) "Law enforcement officer" means an officer commissioned	107
to make arrests, execute warrants, and preserve the peace upon	108
lands under the control of the governmental entity granting the	109
commission.	110

(9) "Department of natural resources law enforcement officer"	111
includes a forest officer designated pursuant to section 1503.29	112
of the Revised Code, a preserve officer designated pursuant to	113
section 1517.10 of the Revised Code, a wildlife officer designated	114
pursuant to section 1531.13 of the Revised Code, a park officer	115
designated pursuant to section 1541.10 of the Revised Code, and a	116
state watercraft officer designated pursuant to section 1547.521	117
of the Revised Code.	118

(10) "Retirement eligibility date" means the last day of the	119
month in which a deceased member would have first become eligible,	120
had the member lived, for the retirement pension provided under	121
section 145.33, Chapter 521. or 741., division (C)(1) of section	122
742.37, or division (A)(1) of section 5505.17 of the Revised Code	123
or provided by a retirement system operated by a municipal	124
corporation.	125

(11) "Death benefit amount" means an amount equal to the full	126
monthly salary received by a deceased member prior to death, minus	127
an amount equal to the benefit received under section 145.45,	128
742.37, 742.3714, or 5505.17 of the Revised Code or the benefit	129
received from a retirement system operated by a municipal	130
corporation, plus any increases in salary that would have been	131
granted the deceased member.	132

(12) "Killed in the line of duty" means either of the	133
following:	134

(a) Death in the line of duty;

135

(b) Death from injury sustained in the line of duty,	136
including heart attack or other fatal injury or illness caused	137
while in the line of duty.	138

(B) A spouse of a deceased member shall receive a death	139
benefit each month equal to the full death benefit amount,	140
provided that the deceased member was a firefighter or police	141
officer killed in the line of duty and there are no surviving	142
children eligible for a benefit under this section. The spouse	143
shall receive this benefit during the spouse's natural life until	144
the deceased member's retirement eligibility date, on which date	145
the benefit provided under this division shall terminate.	146

(C)(1) If a member killed in the line of duty as a	147
firefighter or police officer is survived only by a child or	148
children, the child or children shall receive a benefit each month	149
equal to the full death benefit amount. If there is more than one	150
surviving child, the benefit shall be divided equally among these	151
children.	152

(2) If the death benefit paid under this division is divided	153
among two or more surviving children and any of the children	154
become ineligible to continue receiving a portion of the benefit	155
as provided in division (H) of this section, the full death	156
benefit amount shall be paid to the remaining eligible child or	157
divided among the eligible children so that the benefit paid to	158
the remaining eligible child or children equals the full death	159
benefit amount.	160

(3) Notwithstanding divisions (C)(1) and (2) of this section,	161
all death benefits paid under this division shall terminate on the	162
deceased member's retirement eligibility date.	163

(D) If a member killed in the line of duty as a firefighter	164
or police officer is survived by both a spouse and a child or	165
children, the monthly benefit provided shall be as follows:	166

(1)(a) If there is a surviving spouse and one surviving	167
child, the spouse shall receive an amount each month equal to	168
one-half of the full death benefit amount and the child shall	169
receive an amount equal to one-half of the full death benefit	170
amount.	171

(b) If the surviving spouse dies or the child becomes	172
ineligible as provided in division (H) of this section, the	173
surviving spouse or child remaining eligible shall receive the	174
full death benefit amount.	175

(2)(a) If there is a surviving spouse and more than one	176
child, the spouse shall receive an amount each month equal to	177
one-third of the full death benefit amount and the children shall	178
receive an amount, equally divided among them, equal to two-thirds	179
of the full death benefit amount.	180

(b) If a spouse and more than one child each are receiving a	181
death benefit under division (D)(2)(a) of this section and the	182
spouse dies, the children shall receive an amount each month,	183
equally divided among them, equal to the full death benefit	184
amount.	185

(c) If a spouse and more than one child each are receiving a	186
benefit under division (D)(2)(a) of this section and any of the	187
children becomes ineligible to receive a benefit as provided in	188
division (H) of this section, the spouse and remaining eligible	189
child or children shall receive a death benefit as follows:	190

(i) If there are two or more remaining eligible children, the	191
spouse shall receive an amount each month equal to one-third of	192
the full death benefit amount and the children shall receive an	193
amount each month, equally divided among them, equal to two-thirds	194
of the full death benefit amount;	195

(ii) If there is one remaining eligible child, the spouse	196
shall receive an amount each month equal to one-half of the full	197
death benefit amount, and the child shall receive an amount each	198
month equal to one-half of the full death benefit amount.	199

(d) If a spouse and more than one child each are receiving a	200
benefit under division (D)(2)(a) of this section and all of the	201
children become ineligible to receive a benefit as provided in	202
division (H) of this section, the spouse shall receive the full	203
death benefit amount.	204

(3) Notwithstanding divisions (D)(1) and (2) of this section,	205
death benefits paid under this division to a surviving spouse	206
shall terminate on the member's retirement eligibility date. Death	207
benefits paid to a surviving child or children shall terminate on	208
the deceased member's retirement eligibility date unless earlier	209
terminated pursuant to division (H) of this section.	210

(E) If a member, on or after January 1, 1980, is killed in	211
the line of duty as a firefighter or police officer and is	212
survived by only a parent or parents dependent upon the member for	213
support, the parent or parents shall receive an amount each month	214
equal to the full death benefit amount. If there is more than one	215
surviving parent dependent upon the deceased member for support,	216
the death benefit amount shall be divided equally among the	217
surviving parents. On the death of one of the surviving parents,	218
the full death benefit amount shall be paid to the other parent.	219

(F)(1) The following shall receive a monthly death benefit	220
under this division:	221

(a) A surviving spouse whose benefits are terminated in	222
accordance with division (B) or (D)(3) of this section on the	223
deceased member's retirement eligibility date, or who would	224
qualify for a benefit under division (B) or (D) of this section	225
except that the deceased member reached the member's retirement	226
eligibility date prior to the member's death;	227

(b) A qualified surviving spouse of a deceased member of or	228
contributor to a police or firemen's relief and pension fund	229
established under former Chapter 521. or 741. of the Revised Code	230
who was a firefighter or police officer killed in the line of	231
duty.	232

(2) The monthly death benefit shall be one-half of an amount	233
equal to the monthly salary received by the deceased member prior	234
to the member's death, plus any salary increases the deceased	235
member would have received prior to the member's retirement	236
eligibility date. The benefit shall terminate on the surviving	237
spouse's death. A death benefit payable under this division shall	238
be reduced by an amount equal to any allowance or benefit payable	239
to the surviving spouse under section 742.3714 of the Revised	240
Code.	241

(3) A benefit granted to a surviving spouse under division	242
(F)(1)(b) of this section shall commence on the first day of the	243
month immediately following receipt by the board of a completed	244
application on a form provided by the board and any evidence the	245
board may require to establish that the deceased spouse was killed	246
in the line of duty.	247

(G)(1) If there is not a surviving spouse eligible to receive	248
a death benefit under division (F) of this section or the	249
surviving spouse receiving a death benefit under that division	250
dies, a surviving child or children whose benefits under division	251
(C) or (D) of this section are or have been terminated pursuant to	252
division (C)(3) or (D)(3) of this section or who would qualify for	253
a benefit under division (C) or (D) of this section except that	254
the deceased member reached the member's retirement eligibility	255
date prior to the member's death shall receive a monthly death	256
benefit under this division. The monthly death benefit shall be	257
one-half of an amount equal to the monthly salary received by the	258
deceased member prior to the member's death, plus any salary	259
increases the member would have received prior to the member's	260
retirement eligibility date. If there is more than one surviving	261
child, the benefit shall be divided equally among the surviving	262
children.	263

(2) If two or more surviving children each are receiving a	264
benefit under this division and any of those children becomes	265
ineligible to continue receiving a benefit as provided in division	266
(H) of this section, the remaining eligible child or children	267
shall receive an amount equal to one-half of the monthly salary	268
received by the deceased member prior to death, plus any salary	269
increases the deceased member would have received prior to the	270
retirement eligibility date. If there is more than one remaining	271
eligible child, the benefit shall be divided equally among the	272
eligible children.	273

(3) A death benefit, or portion of a death benefit, payable	274
to a surviving child under this division shall be reduced by an	275
amount equal to any allowance or benefit payable to that child	276
under section 742.3714 of the Revised Code, but the reduction in	277
that child's benefit shall not affect the amount payable to any	278
other surviving child entitled to a portion of the death benefit.	279

(H) A death benefit paid to a surviving child under division	280
(C), (D), or (G) of this section shall terminate on the death of	281
the child or, unless one of the following is the case, when the	282
child reaches age eighteen:	283

(1) The child, because of physical or mental disability, is	284
unable to provide the child's own support, in which case the death	285
benefit shall terminate when the disability is removed;	286

(2) The child is unmarried, under age twenty-two, and a	287
student in and attending an institution of learning or training	288
pursuant to a program designed to complete in each school year the	289
equivalent of at least two-thirds of the full-time curriculum	290
requirements of the institution, as determined by the trustees of	291
the fund.	292

(I) Acceptance of any death benefit under this section does	293
not prohibit a spouse or child from receiving other benefits	294
provided under the Ohio police and fire pension fund, the state	295
highway patrol retirement system, the public employees retirement	296
system, or a retirement system operated by a municipal	297
corporation.	298

(J) No person shall receive a benefit under this section if	299
any of the following occur:	300

(1) The person fails to exercise the right to a monthly	301
survivor benefit under division (A) or (B) of section 145.45,	302
division (D), (E), or (F) of section 742.37, or division (A)(3),	303
(4), or (7) of section 5505.17 of the Revised Code; to a monthly	304
survivor benefit from a retirement system operated by a municipal	305
corporation; or to a retirement allowance under section 742.3714	306
of the Revised Code.	307

(2) The member's accumulated contributions under this chapter	308
or Chapter 145. or 5505. of the Revised Code are refunded unless	309
the member had been a member of the public employees retirement	310
system and had fewer than eighteen months of total service credit	311
at the time of death.	312

(3) In the case of a full-time park district ranger or patrol	313
trooper, a full-time law enforcement officer of the department of	314
natural resources, a full-time law enforcement officer of parks,	315
waterway lands, or reservoir lands under the control of a	316
municipal corporation, a full-time law enforcement officer of a	317
conservancy district, a correction officer at an institution under	318
the control of a county, group of counties, or municipal	319
corporation, or a member of a retirement system operated by a	320
municipal corporation who at the time of the member's death was a	321
full-time law enforcement officer of parks, waterway lands, or	322
reservoir lands under the control of the municipal corporation,	323
the member died prior to April 9, 1981, in the case of a benefit	324
under division (B), (C), or (D) of this section, or prior to	325
January 1, 1980, in the case of a benefit under division (E) of	326
this section.	327

(4) In the case of a full-time department of public safety	328
enforcement agent who prior to June 30, 1999, was a liquor control	329
investigator of the department of public safety, the member died	330
prior to December 23, 1986;	331

(5) In the case of a full-time department of public safety	332
enforcement agent other than an enforcement agent who, prior to	333
June 30, 1999, was a liquor control investigator, the member died	334
prior to June 30, 1999.	335

(K) A surviving spouse whose benefit was terminated prior to	336
June 30, 1999, due to remarriage shall receive a benefit under	337
division (B), (D), or (F) of this section beginning on the first	338
day of the month following receipt by the board of an application	339
on a form provided by the board. The benefit amount shall be	340
determined as of that date.	341

(1) If the benefit will begin prior to the deceased member's	342
retirement eligibility date, it shall be paid under division (B)	343
or (D) of this section and shall terminate as provided in those	344
divisions. A benefit paid to a surviving spouse under division (D)	345
of this section shall be determined in accordance with that	346
division, even if benefits paid to surviving children are reduced	347
as a result.	348

(2) If the benefit will begin on or after the deceased	349
member's retirement eligibility date, it shall be paid under	350
division (F) of this section and shall terminate as provided in	351
that division. A benefit paid to a surviving spouse under division	352
(F) of this section shall be determined in accordance with that	353
division, even if benefits paid to surviving children are	354
terminated as a result.	355

Section 2. That existing section 742.63 of the Revised Code	356
is hereby repealed.	357