Bill Text: OH SB385 | 2013-2014 | 130th General Assembly | Introduced

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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

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 385

Senator Brown 

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A BILL

To amend section 145.58 of the Revised Code to

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provide that Public Employees Retirement System

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members retiring on or after January 1, 2015, who

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have attained age sixty with fifteen or more years

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but less than twenty years of service credit on

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that date, are treated as retiring on or before

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December 1, 2014, for purposes of qualifying for

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any retiree health care coverage provided by the

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Retirement System and to declare an emergency.

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

Section 1.  That section 145.58 of the Revised Code be	10
amended to read as follows:	11

Sec. 145.58.  (A) The public employees retirement board shall	12
adopt rules establishing eligibility for any coverage provided	13
under this section. The rules shall base eligibility on years and	14
types of service credit earned by members. Eligibility	15
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
provided under this section, a member with a retirement effective	19
date on or after January 1, 2015, who has attained age sixty with	20
fifteen or more years but less than twenty years of service credit	21
on January 1, 2015, shall be treated as having a retirement	22
effective date on or before December 1, 2014;	23

(2) An individual who, as a result of making a false	24
statement in an attempt to secure a benefit under this section, is	25
convicted of violating section 2921.13 of the Revised Code is	26
ineligible for coverage.	27

(B) The board may enter into agreements with insurance	28
companies, health insuring corporations, or government agencies	29
authorized to do business in the state for issuance of a policy or	30
contract of health, medical, hospital, or surgical benefits, or	31
any combination thereof, for eligible individuals receiving age	32
and service retirement or a disability or survivor benefit	33
subscribing to the plan, or for PERS retirants employed under	34
section 145.38 of the Revised Code, for coverage of benefits in	35
accordance with division (C)(2) of section 145.38 of the Revised	36
Code. Notwithstanding any other provision of this chapter, the	37
policy or contract may also include coverage for any eligible	38
individual's spouse and dependent children and for any of the	39
eligible individual's sponsored dependents as the board determines	40
appropriate. If all or any portion of the policy or contract	41
premium is to be paid by any individual receiving age and service	42
retirement or a disability or survivor benefit, the individual	43
shall, by written authorization, instruct the board to deduct the	44
premium agreed to be paid by the individual to the company,	45
corporation, or agency.	46

The board may contract for coverage on the basis of part or	47
all of the cost of the coverage to be paid from appropriate funds	48
of the public employees retirement system. The cost paid from the	49
funds of the system shall be included in the employer's	50
contribution rate provided by sections 145.48 and 145.51 of the	51
Revised Code. The board may by rule provide coverage to	52
individuals who are not eligible under the rules adopted under	53
division (A) of this section if the coverage is provided at no	54
cost to the retirement system. The board shall not pay or	55
reimburse the cost for coverage under this section or section	56
145.584 of the Revised Code for any such individual.	57

The board may provide for self-insurance of risk or level of	58
risk as set forth in the contract with the companies,	59
corporations, or agencies, and may provide through the	60
self-insurance method specific benefits as authorized by rules of	61
the board.	62

(C) The board shall, beginning the month following receipt of	63
satisfactory evidence of the payment for coverage, pay monthly to	64
each recipient of service retirement, or a disability or survivor	65
benefit under the public employees retirement system who is	66
eligible for coverage under part B of the medicare program	67
established under Title XVIII of "The Social Security Act	68
Amendments of 1965," 79 Stat. 301 (1965), 42 U.S.C.A. 1395j, as	69
amended, an amount determined by the board for such coverage,	70
except that the board shall make no such payment to any individual	71
who is not eligible for coverage under the rules adopted under	72
division (A) of this section or pay an amount that exceeds the	73
amount paid by the recipient for the coverage.	74

At the request of the board, the recipient shall certify to	75
the retirement system the amount paid by the recipient for	76
coverage described in this division.	77

(D) The board shall establish by rule requirements for the	78
coordination of any coverage, payment, or benefit provided under	79
this section or section 145.584 of the Revised Code with any	80
similar coverage, payment, or benefit made available to the same	81
individual by the Ohio police and fire pension fund, state	82
teachers retirement system, school employees retirement system, or	83
state highway patrol retirement system.	84

(E) The board shall make all other necessary rules pursuant	85
to the purpose and intent of this section.	86

Section 2.  That existing section 145.58 of the Revised Code	87
is hereby repealed.	88

Section 3. This act is hereby declared to be an emergency	89
measure necessary for the immediate preservation of the public	90
peace, health, and safety. The reason for such necessity is that	91
immediate action is needed to ensure that Public Employees	92
Retirement System members retiring on or after January 1, 2015,	93
who are treated under the act as retiring on or before December 1,	94
2014, qualify for any retiree health care coverage provided by the	95
Retirement System. Therefore, this act shall go into immediate	96
effect.	97