Bill Title: To provide that Public Employees Retirement System members retiring on or after January 1, 2015, who have attained age sixty with fifteen or more years but less than twenty years of service credit on that date, are treated as retiring on or before December 1, 2014, for purposes of qualifying for any retiree health care coverage provided by the Retirement System and to declare an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-11-10 - To State Government Oversight & Reform
[SB385 Detail]Download: Ohio-2013-SB385-Introduced.html
As Introduced
| 130th General Assembly | | Regular Session | | 2013-2014 |
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A BILL
| To amend section 145.58 of the Revised Code to | 1 |
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provide that Public Employees Retirement System | 2 |
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members retiring on or after January 1, 2015, who | 3 |
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have attained age sixty with fifteen or more years | 4 |
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but less than twenty years of service credit on | 5 |
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that date, are treated as retiring on or before | 6 |
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December 1, 2014, for purposes of qualifying for | 7 |
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any retiree health care coverage provided by the | 8 |
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Retirement System and to declare an emergency. | 9 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 145.58 of the Revised Code be | 10 |
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amended to read as follows: | 11 |
| Sec. 145.58. (A) The public employees retirement board shall | 12 |
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adopt rules establishing eligibility for any coverage provided | 13 |
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under this section. The rules shall base eligibility on years and | 14 |
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types of service credit earned by members. Eligibility | 15 |
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determinations shall be made in accordance with the rules, except | 16 |
that anas follows: | 17 |
| (1) For purposes of determining eligibility for any coverage | 18 |
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provided under this section, a member with a retirement effective | 19 |
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date on or after January 1, 2015, who has attained age sixty with | 20 |
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fifteen or more years but less than twenty years of service credit | 21 |
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on January 1, 2015, shall be treated as having a retirement | 22 |
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effective date on or before December 1, 2014; | 23 |
| (2) An individual who, as a result of making a false | 24 |
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statement in an attempt to secure a benefit under this section, is | 25 |
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convicted of violating section 2921.13 of the Revised Code is | 26 |
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ineligible for coverage. | 27 |
| (B) The board may enter into agreements with insurance | 28 |
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companies, health insuring corporations, or government agencies | 29 |
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authorized to do business in the state for issuance of a policy or | 30 |
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contract of health, medical, hospital, or surgical benefits, or | 31 |
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any combination thereof, for eligible individuals receiving age | 32 |
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and service retirement or a disability or survivor benefit | 33 |
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subscribing to the plan, or for PERS retirants employed under | 34 |
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section 145.38 of the Revised Code, for coverage of benefits in | 35 |
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accordance with division (C)(2) of section 145.38 of the Revised | 36 |
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Code. Notwithstanding any other provision of this chapter, the | 37 |
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policy or contract may also include coverage for any eligible | 38 |
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individual's spouse and dependent children and for any of the | 39 |
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eligible individual's sponsored dependents as the board determines | 40 |
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appropriate. If all or any portion of the policy or contract | 41 |
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premium is to be paid by any individual receiving age and service | 42 |
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retirement or a disability or survivor benefit, the individual | 43 |
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shall, by written authorization, instruct the board to deduct the | 44 |
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premium agreed to be paid by the individual to the company, | 45 |
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corporation, or agency. | 46 |
| The board may contract for coverage on the basis of part or | 47 |
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all of the cost of the coverage to be paid from appropriate funds | 48 |
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of the public employees retirement system. The cost paid from the | 49 |
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funds of the system shall be included in the employer's | 50 |
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contribution rate provided by sections 145.48 and 145.51 of the | 51 |
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Revised Code. The board may by rule provide coverage to | 52 |
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individuals who are not eligible under the rules adopted under | 53 |
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division (A) of this section if the coverage is provided at no | 54 |
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cost to the retirement system. The board shall not pay or | 55 |
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reimburse the cost for coverage under this section or section | 56 |
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145.584 of the Revised Code for any such individual. | 57 |
| The board may provide for self-insurance of risk or level of | 58 |
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risk as set forth in the contract with the companies, | 59 |
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corporations, or agencies, and may provide through the | 60 |
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self-insurance method specific benefits as authorized by rules of | 61 |
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the board. | 62 |
| (C) The board shall, beginning the month following receipt of | 63 |
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satisfactory evidence of the payment for coverage, pay monthly to | 64 |
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each recipient of service retirement, or a disability or survivor | 65 |
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benefit under the public employees retirement system who is | 66 |
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eligible for coverage under part B of the medicare program | 67 |
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established under Title XVIII of "The Social Security Act | 68 |
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Amendments of 1965," 79 Stat. 301 (1965), 42 U.S.C.A. 1395j, as | 69 |
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amended, an amount determined by the board for such coverage, | 70 |
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except that the board shall make no such payment to any individual | 71 |
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who is not eligible for coverage under the rules adopted under | 72 |
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division (A) of this section or pay an amount that exceeds the | 73 |
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amount paid by the recipient for the coverage. | 74 |
| At the request of the board, the recipient shall certify to | 75 |
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the retirement system the amount paid by the recipient for | 76 |
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coverage described in this division. | 77 |
| (D) The board shall establish by rule requirements for the | 78 |
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coordination of any coverage, payment, or benefit provided under | 79 |
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this section or section 145.584 of the Revised Code with any | 80 |
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similar coverage, payment, or benefit made available to the same | 81 |
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individual by the Ohio police and fire pension fund, state | 82 |
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teachers retirement system, school employees retirement system, or | 83 |
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state highway patrol retirement system. | 84 |
| (E) The board shall make all other necessary rules pursuant | 85 |
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to the purpose and intent of this section. | 86 |
| Section 2. That existing section 145.58 of the Revised Code | 87 |
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is hereby repealed. | 88 |
| Section 3. This act is hereby declared to be an emergency | 89 |
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measure necessary for the immediate preservation of the public | 90 |
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peace, health, and safety. The reason for such necessity is that | 91 |
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immediate action is needed to ensure that Public Employees | 92 |
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Retirement System members retiring on or after January 1, 2015, | 93 |
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who are treated under the act as retiring on or before December 1, | 94 |
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2014, qualify for any retiree health care coverage provided by the | 95 |
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Retirement System. Therefore, this act shall go into immediate | 96 |
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effect. | 97 |
