reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.32 | Reporting Employee Deductions.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 340 - 129th General Assembly
(A) The fiscal officer of each employer shall transmit monthly to the secretary of the board of trustees of the Ohio police and fire pension fund a report of employee deductions in such form as the board requires. The report shall show all deductions for the fund made pursuant to section 742.31 of the Revised Code and shall be accompanied by payments covering the total of such deductions. The report shall also include the name of each member for whom deductions were made and the portion of the payment attributed to that member. Separate payments shall be so transmitted for that portion of such deductions made from the salaries of members of the police department and for that portion of such deductions made from the salaries of members of the fire department. The report and payment are due the last day of the month following the last business day of the reporting period.
(B) A penalty determined under section 742.352 of the Revised Code shall be assessed if any of the following occur:
(1) The report is received by the board after the due date or is not in the form required by the board.
(2) Payments to cover the total amount due from the salaries of all employees of the employer are received by the board after the due date.
The penalty shall be added to and collected on the next succeeding regular employer billing. If the penalty is not paid within sixty days after it is added to the regular employer billing, interest at a rate determined by the board may be charged on the total amount due and the amount of the penalty from the date the amount is due to the date of payment.
(C) The secretary of the board, after making a record of all such receipts and crediting each employee's individual account with the amount deducted from the employee's salary, shall deposit the receipts with the treasurer of state for use as provided by this chapter. Where an employer fails to deduct contributions for any employee and transmit such amounts to the fund, the board may make a determination of the employee's liability for contributions and certify to the employer the amounts due for collection in the same manner and subject to the same penalties as payments due the employer's contributions funds.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.33 | Police Officer Employers' Contribution.

Effective:
April 12, 2021
Latest Legislation:
House Bill 444 - 133rd General Assembly
(A) Each employer shall pay monthly, on such dates as the board of trustees of the Ohio police and fire pension fund requires, from its general fund, or from a levy imposed pursuant to division (J), (W), or (JJ) of section 5705.19 of the Revised Code, to the fund an amount known as the "police officer employers' contribution," which shall be nineteen and one-half per cent of the salaries as defined in division (L) of section 742.01 of the Revised Code of the members of the police department of the employer.
(B) The taxing authority of each municipal corporation in which there was a police relief and pension fund on October 1, 1965, shall annually, in the manner provided for making other municipal levies and in addition to all other levies authorized by law, levy a tax of three-tenths of one mill upon all the real and personal property as listed for taxation in the municipal corporation for the purpose of paying the police officer employers' contribution and the municipal corporation's accrued liability for its former police relief and pension fund and interest thereon, and of defraying the current operating expenses of the municipal corporation. The annual revenues derived from the tax shall be used in the following order:
(1) First, to pay the current police officer employers' contribution and any interest related thereto;
(2) Second, to pay any accrued liability chargeable to the municipal corporation during the current calendar year for its former police relief and pension fund and any interest related thereto;
(3) Third, to defray the current operating expenses of the municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.34 | Firefighter Employers' Contribution.

Effective:
April 12, 2021
Latest Legislation:
House Bill 444 - 133rd General Assembly
(A) Each employer shall pay monthly, on such dates as the board of trustees of the Ohio police and fire pension fund requires, from its general fund, or from a levy imposed pursuant to division (I), (W), or (JJ) of section 5705.19 of the Revised Code, to the fund an amount known as the "firefighter employers' contribution," which shall be twenty-four per cent of the salaries as defined in division (L) of section 742.01 of the Revised Code of the members of the fire department of the employer.
(B) The taxing authority of each municipal corporation in which there was a firemen's relief and pension fund on October 1, 1965, shall annually, in the manner provided for making other municipal levies and in addition to all other levies authorized by law, levy a tax of three-tenths of one mill upon all the real and personal property as listed for taxation in the municipal corporation for the purpose of paying the firefighter employers' contribution and the municipal corporation's accrued liability for its former firemen's relief and pension fund and interest thereon, and of defraying the current operating expenses of the municipal corporation. The annual revenues derived from the tax shall be used in the following order:
(1) First, to pay the current firefighter employers' contribution and any interest related thereto;
(2) Second, to pay any accrued liability chargeable to the municipal corporation during the current calendar year for its former firemen's relief and pension fund and any interest related thereto;
(3) Third, to defray the current operating expenses of the municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.35 | Payment of Employer's Contribution.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 340 - 129th General Assembly
Each employer shall pay its police officer employers' contribution and firefighter employers' contribution in monthly payments as provided in sections 742.33 and 742.34 of the Revised Code. The employer shall make each payment not later than the last day of the month after the month for which the police officer or firefighter employee contributions were withheld. If an employer fails to make the payment installment by the date it is due, a penalty determined under section 742.352 of the Revised Code shall be assessed against the employer. In addition, interest on past due accounts and penalties may be charged at a rate determined by the board from the date the payment is due to the date of payment.
Upon certification by the board to the county auditor of an amount due from any employer within the county who is subject to this chapter, by reason of such employer's delinquency in making employer contribution payments to the fund, such amount shall be withheld from such employer from any funds in the hands of the county treasurer for distribution to such employer. Upon receipt of such certification, the county auditor shall draw a warrant against such funds in favor of the fund for the amount.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.351 | Notice of Member's Election to Retire.

Effective:
July 23, 2002
Latest Legislation:
Senate Bill 134 - 124th General Assembly
(A) On receipt of written notice of a member's election to retire under division (C) of section 742.37 of the Revised Code or to terminate active service as described in division (B) of section 742.444 of the Revised Code, the Ohio police and fire pension fund shall request from the employer verification of the member's termination date and any other information the fund determines necessary to calculate and pay a pension under division (C) of section 742.37 of the Revised Code. The request shall be on a form created by the fund and specify the date by which the information must be received by the fund, which shall be sixty days after the form is sent by the fund.
(B)(1) On receipt of a request for information under division (A) of this section, the employer shall complete the form and return it to the fund not later than the date specified by the fund.
(2) If the fund does not receive the completed form by the specified date, the fund shall send notice by certified mail to the employer that unless the completed form is received not later than thirty days after the specified date a penalty will be imposed.
(C) The fund shall assess against an employer that fails to return the completed form by the end of the period described in division (B)(2) of this section a penalty determined under section 742.353 of the Revised Code.
(D) The fund shall make one or more monthly payments to a member whose pension does not commence by the ninety-first day after the fund sends a request for information under division (A) of this section due to the employer's failure to return the completed form required under this section. Payment under this division shall commence on the first day of the second month following a month that includes a day for which an assessment against the employer is required under division (C) of this section. The payment shall be an amount equal to the penalty assessed under division (C) of this section less any administrative costs incurred by the fund in complying with this section. Payment shall continue on a monthly basis until the member receives the total amount attributable to the required penalty for an employer's failure to return the form that was requested for that member's information.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.352 | Failure to Transmit Certain Reports and Payments Concerning Deductions.

Effective:
February 19, 2002
Latest Legislation:
House Bill 244 - 124th General Assembly
(A) Unless rules are adopted under division (C) of this section, the penalties for failing to transmit reports and payment in accordance with sections 742.32 and 742.56 of the Revised Code or payments in accordance with section 742.35 of the Revised Code shall be as follows:
(1) If a report or payment is at least one but not more than ten days past due, one hundred dollars;
(2) If a report or payment is at least eleven but not more than thirty days past due, the greater of one thousand dollars or one per cent of the payment;
(3) If a report or payment is at least thirty-one but not more than one hundred eighty days past due, the greater of three thousand dollars or two per cent of the payment;
(4) If a report or payment is at least one hundred eighty-one days but not more than two hundred ten days past due, the greater of seven thousand five hundred dollars or five per cent of the payment;
(5) If a report or payment is at least two hundred eleven days past due, the sum of the penalty described in division (A)(4) of this section and, for each day that the report or payment is past due after two hundred ten days, fifty dollars.
(B) Any amount due from an employer under division (A) of this section shall be collected from the county auditor in the same manner as is provided in section 742.35 of the Revised Code.
(C) The board of trustees of the Ohio police and fire pension fund may adopt rules to do all of the following:
(1) Establish penalties in amounts that do not exceed the amounts described in this section;
(2) Establish standards to determine whether an employer has submitted a report in the form required by the board;
(3) Lengthen the periods of time for employers to comply with sections 742.32, 742.35, and 742.56 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.353 | Failure to Transmit Certain Reports and Payments Concerning Retirement Election.

Effective:
February 19, 2002
Latest Legislation:
House Bill 244 - 124th General Assembly
(A) Unless rules are adopted in accordance with division (C) of this section, the penalties assessed under sections 742.351 and 742.38 of the Revised Code shall be as follows:
(1) If a form, report, or statement is at least one but not more than ten days past due, one hundred dollars;
(2) If a form, report, or statement is at least eleven but not more than thirty days past due, one thousand dollars;
(3) If a form, report, or statement is at least thirty-one but not more than one hundred eighty days past due, three thousand dollars;
(4) If a form, report, or statement is at least one hundred eighty-one days but not more than two hundred ten days past due, seven thousand five hundred dollars;
(5) If a form, report, or statement is at least two hundred eleven days past due, the sum of seven thousand five hundred dollars and, for each day that the form, report, or statement is past due after two hundred ten days, three dollars and thirty-seven cents.
The total of the penalties paid by an employer under this section in a calendar year shall not exceed twenty thousand dollars.
(B) Any amount due from an employer under division (A) of this section shall be collected from the county auditor in the same manner as is provided in section 742.35 of the Revised Code.
(C) The board of trustees of the Ohio police and fire pension fund may adopt rules to do all of the following:
(1) Establish penalties in amounts that do not exceed the amounts described in this section;
(2) Establish standards to determine whether an employer has submitted a form, report, or statement in the form required by the board;
(3) Lengthen the periods of time for employers to comply with sections 742.351 and 742.38 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.361 | Certification of Amount Required to Be Paid.

Effective:
November 2, 1999
Latest Legislation:
House Bill 222 - 123rd General Assembly
On or before the first day of August in 1982 and on or before the first day of August in each year thereafter, the board of trustees of the Ohio police and fire pension fund shall certify to the treasurer of state the amount required to be paid in the preceding fiscal year to persons first receiving a benefit or allowance prior to July 1, 1981, under divisions (D), (E), (F), and (H)(2), (3), and (4) of section 742.37 and by sections 742.377 and 742.3710 of the Revised Code. Upon receipt of such certification, the treasurer of state shall pay to the fund the amount certified.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.362 | Annual Payment in Lieu of Employer Contribution.

Effective:
November 2, 1999
Latest Legislation:
House Bill 222 - 123rd General Assembly
In lieu of an employer contribution to pay part of the cost of the benefits provided under section 742.52 of the Revised Code, the treasurer of state shall make a payment to the Ohio police and fire pension fund in August 1981 and each August thereafter from appropriations made for the purpose by the general assembly.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.371 | Credit for Time Previously Served in Active Full-Time Service of Ohio Police or Fire Department.

Effective:
March 24, 2003
Latest Legislation:
House Bill 373 - 124th General Assembly
A member of the fund who is in the active service of a police or fire department, is not receiving a pension or benefit payment from the Ohio police and fire pension fund, and is not a participant in the deferred retirement option plan established under section 742.43 of the Revised Code shall, in computing years of active service in such department under division (C) of section 742.37 or section 742.39 of the Revised Code, be given credit for time previously served in the active full-time service of an Ohio police or fire department, provided both of the following occur:
(A) The member was a member of a police or firemen's relief and pension fund or the Ohio police and fire pension fund during the entire period for which such active service credit is claimed.
(B) The member pays into the Ohio police and fire pension fund the amount received by the member under division (I) of former section 521.11, division (I) of former section 741.18, division (I) of former section 741.49, or division (G) of section 742.37 of the Revised Code, with interest compounded annually thereon at a rate to be determined by the board of trustees of the Ohio police and fire pension fund, from the date of such receipt to the date of such deposit.
Subject to board rules, a member may choose to purchase in any one payment only part of the credit that may be purchased under this section.
At the request of the fund, the employer shall certify to the board the dates the member was in the active service of the police or fire department.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.374 | Additional Pension Payments for Retirees on and After 12-31-71.

Effective:
November 2, 1999
Latest Legislation:
House Bill 222 - 123rd General Assembly
On and after December 31, 1971, all persons who retired and were eligible to receive a pension that was payable prior to July 1, 1968, pursuant to division (B) of section 742.37 of the Revised Code, and all persons who qualified for a payment under division (C)(1) of such section or division (C)(2), (3), (4), or (5) of former section 742.37 of the Revised Code prior to such date shall receive an additional monthly payment of two dollars for each year between the member's effective date of retirement or disability and December 31, 1971, or an additional fifty dollars, whichever is less.
This section does not apply to persons included under division (H)(2) of section 742.37 of the Revised Code.
On or before the first day of August in each year, the board of trustees of the Ohio police and fire pension fund shall certify to the treasurer of state the amount required to be paid in the preceding fiscal year under this section. Upon receipt of such certification, the treasurer of state shall pay to the fund the amount certified.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.375 | Credit for Time Served in State Highway Patrol Retirement System.

Effective:
March 24, 2003
Latest Legislation:
House Bill 373 - 124th General Assembly
Except for service credit transferred under section 742.214 of the Revised Code, a member of the fund who is in the active service of a police or fire department, is not receiving a pension or benefit payment from the Ohio police and fire pension fund, and is not a participant in the deferred retirement option plan established under section 742.43 of the Revised Code shall, in computing years of active service in such department under division (C) of section 742.37 or section 742.39 of the Revised Code, be given full credit for the time served in the state highway patrol retirement system, provided such member pays into the Ohio police and fire pension fund the amount received by the member under section 5505.19 of the Revised Code, with interest compounded annually thereon at a rate to be determined by the board of trustees of the Ohio police and fire pension fund from the date of such receipt to the date of such deposit. The member may choose to purchase only part of such credit in any one payment, subject to board rules.
Upon certification by the board to the board of the state highway patrol retirement system of such payment by the member of the fund, the state highway patrol retirement board shall pay from the employer's accumulation fund under division (C) of section 5505.03 of the Revised Code to the Ohio police and fire pension fund an amount equal to the payment of the member of the fund.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.376 | Credit for Service as a Full-Time Police Officer or Firefighter Prior to 1-1-67.

Effective:
March 24, 2003
Latest Legislation:
House Bill 373 - 124th General Assembly
A member of the fund who is in the active service of a police or fire department, is not receiving a pension or benefit payment from the Ohio police and fire pension fund, and is not a participant in the deferred retirement option plan established under section 742.43 of the Revised Code shall, in computing years of active service in such department under division (C) of section 742.37 or section 742.39 of the Revised Code, be given full credit for service as a full-time police officer or firefighter, provided that all of the following occur:
(A) Such service was rendered prior to January 1, 1967.
(B) The municipal corporation or township, at the time such service was rendered, had not established a police or firemen's relief and pension fund to which the member could otherwise have made pension contributions.
(C) The member was enrolled in the public employees retirement system, contributed thereto, and has withdrawn the member's retirement contributions.
(D) The member pays into the Ohio police and fire pension fund the amount withdrawn by the member from the public employees retirement system, with interest compounded annually thereon at a rate to be determined by the board from the date of such withdrawal to the date of deposit. The member may choose to purchase only part of such credit in any one payment, subject to board rules.
Purchase of such credit in the Ohio police and fire pension fund shall forever bar the member from reinstating such credit in the public employees retirement system.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.377 | Increasing Survivor Benefits.

Effective:
January 1, 1974
Latest Legislation:
Senate Bill 48 - 110th General Assembly
On and after January 1, 1974, each surviving spouse of a deceased member of the fund, each surviving child of a deceased member of the fund, and each surviving parent dependent for support upon a deceased member of the fund receiving benefits pursuant to former section 742.37 of the Revised Code shall have such benefits increased by the following amounts:
(A) Surviving spouse of a deceased member of the fund, thirty dollars per month;
(B) Surviving child of a deceased member of the fund, ten dollars per month;
(C) Surviving parent dependent for support upon a deceased member of the fund, fifteen dollars per month for each two such parents, or thirty dollars per month for the sole surviving parent of the deceased fund member.
Survivors of members of the fund who are receiving a pension in accordance with the rules governing the granting of pensions and benefits in force on April 1, 1947, which provide such member with an increase in the original pension pursuant to changes in the salaries of active members, are not eligible for the benefits provided in this section.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.378 | Additional Monthly Payment.

Effective:
September 16, 1998
Latest Legislation:
House Bill 648 - 122nd General Assembly
On and after December 19, 1973, all persons who retired and were eligible to receive a pension that was first payable on or after July 1, 1968, and prior to July 1, 1971, pursuant to division (B) of section 742.37 of the Revised Code and all persons who qualified for a payment under division (C)(1) of such section or division (C)(2), (3), (4), or (5) of former section 742.37 of the Revised Code shall receive an additional monthly payment of two dollars for each year between the member's effective date of retirement or disability and July 1, 1973.
This section does not apply to persons included under division (H)(5) of section 742.37 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.3710 | Increasing Survivor Benefits.

Effective:
August 20, 1976
Latest Legislation:
House Bill 268 - 111th General Assembly
Each surviving spouse of a deceased member of the fund and each surviving child of a deceased member of the fund receiving benefits pursuant to former section 742.37 of the Revised Code shall have benefits increased by the following amounts:
(A) Surviving spouse of a deceased member of the fund, forty dollars per month;
(B) Surviving child of a deceased member of the fund, ten dollars per month.
Survivors of members of the fund who are receiving a pension in accordance with the rules governing the granting of pensions and benefits in force on April 1, 1947, which provide an increase in the original pension or benefit pursuant to changes in the salaries of active members, are not eligible for the benefits provided in this section.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.3712 | Increase in Monthly Pension, Allowance or Benefit Effective 7-1-81.

Effective:
November 2, 1999
Latest Legislation:
House Bill 222 - 123rd General Assembly
(A) Effective July 1, 1981, each person eligible to receive an age and service or disability pension, allowance, or benefit pursuant to Chapter 742. of the Revised Code that was based upon an award made effective before January 1, 1974, shall have the person's monthly pension increased by five per cent, except that the twelve-month sum of such increase shall not exceed five per cent of the first five thousand dollars of the annual pension allowance or benefit.
A member of the Ohio police and fire pension fund or a survivor who is receiving a pension or benefit in accordance with the rules in force on April 1, 1947, governing the granting of pensions and benefits, which provide an increase in the original pension or benefit from time to time pursuant to changes in the salaries of active members, shall not be eligible to receive the increase provided by this section.
(B) Effective July 1, 1981, each person eligible to receive a survivor's benefit pursuant to Chapter 742. of the Revised Code that was based upon an award made effective before July 1, 1981, shall have the person's monthly benefit increased by five per cent, except that the twelve-month sum of such increases shall not exceed five per cent of the first five thousand dollars of the annual benefit.
(C) The increases provided in divisions (A) and (B) of this section shall be applied to the benefit payable on and after July 1, 1981.
(D) The benefits provided in divisions (A) and (B) of this section are a continuation of those first provided in Am. Sub. H.B. 204 as passed by the 113th general assembly.
(E) On or before August 1, 1982, and on or before the first day of August in each year thereafter, the board of trustees of the Ohio police and fire pension fund shall certify to the treasurer of state the amounts needed to pay the cost of the additional payments required under this section for the preceding fiscal year. Upon receipt of these certifications, the treasurer of state shall pay the amount certified.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.3713 | Increase in Monthly Benefit Effective 11-15-81.

Effective:
November 2, 1999
Latest Legislation:
House Bill 222 - 123rd General Assembly
(A) On and after November 15, 1981, a member of the Ohio police and fire pension fund who is receiving a pension or benefit effective prior to February 28, 1980, under division (A), (B), or (C) of section 742.37 or division (C)(2), (3), (4), or (5) of former section 742.37 of the Revised Code shall have such pension or benefit increased by forty-six dollars.
The following are not eligible to receive the increase provided by this division:
(1) A member of the fund who is receiving a pension or benefit in accordance with the rules in force on April 1, 1947, governing the granting of pensions and benefits, which provide an increase in the original pension or benefit from time to time pursuant to changes in the salaries of active members;
(2) A member of the fund who is receiving a pension or benefit under division (A), (B), or (C) of section 742.37 of the Revised Code based on volunteer or part-time service.
(B) Each surviving spouse who on November 15, 1981, is receiving a pension pursuant to division (D) of section 742.37 of the Revised Code as it was in effect prior to such date shall have the monthly pension increased forty-six dollars.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.3717 | Annual Cost of Living Increase.

Effective:
October 27, 2006
Latest Legislation:
House Bill 98 - 125th General Assembly
(A)(1) Except as provided in division (A)(2) of this section, as used in this section, "eligible person" means a person who meets both of the following conditions:
(a) The person is receiving an annual pension or benefit under division (A), (B), or (C) of section 742.37 or division (C)(2), (3), (4), or (5) of former section 742.37 of the Revised Code based on an award made prior to July 24, 1986.
(b) The person has not elected under section 742.3711 of the Revised Code to receive a retirement allowance under an optional benefit plan.
(2) A person is not an eligible person if the person is receiving a pension or benefit in accordance with rules in force on April 1, 1947, that govern the granting of pensions and benefits and that provide an increase in the original pension or benefit from time to time pursuant to changes in the salaries of active members.
(B)(1) The board of trustees of the Ohio police and fire pension fund shall annually increase all benefits payable to eligible persons by three hundred sixty dollars, except that no benefit shall exceed the limit established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended.
(2) The first increase is payable to all eligible persons on July 1, 1988. The increase is payable for the ensuing twelve-month period or until the next increase is granted under this section, whichever is later.
The date of the first increase payable under this section shall be the anniversary date for future increases.
(3) If payment of a portion of a benefit is made to an alternate payee under section 742.462 of the Revised Code, increases under this section granted while the order is in effect shall be apportioned between the alternate payee and the eligible person in the same proportion that the amount being paid to the alternate payee bears to the amount paid to the eligible person.
If payment of a portion of a retirement allowance is made to one or more beneficiaries under "option 4" under division (A)(4) of section 742.3711 of the Revised Code, each increase under this section granted while the plan of payment is in effect shall be divided among the designated beneficiaries in accordance with the portion each beneficiary has been allocated.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.3719 | Increase in Benefit or Allowance When Irc 415 Limits Increased.

Effective:
November 2, 1999
Latest Legislation:
House Bill 222 - 123rd General Assembly
Whenever the limits established by section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended, are raised, the board of trustees of the Ohio police and fire pension fund shall increase the amount of the pension, benefit, or allowance of any person whose pension, benefit, or allowance payable under section 742.37, 742.3716, 742.3717, or 742.39 of the Revised Code was limited by the application of section 415. The amount of the increased pension, benefit, or allowance shall not exceed the lesser of the amount the person would have received if the limits established by section 415 had not been applied or the amount the person is eligible to receive subject to the new limits established by section 415.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.3721 | Qualified Governmental Excess Benefit Arrangement Maintained and Established.

Effective:
July 13, 2000
Latest Legislation:
Senate Bill 190 - 123rd General Assembly
The board of trustees of the Ohio police and fire pension fund may establish and maintain a qualified governmental excess benefit arrangement that meets the requirements of division (m) of section 415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as amended, and any regulations adopted thereunder. If established, the arrangement shall be a separate portion of the fund and be maintained solely for the purpose of providing to retired members that part of a benefit otherwise payable under this chapter that exceeds the limits established by section 415 of the "Internal Revenue Code of 1986," as amended.
Members participating in an arrangement established under this section shall not be permitted to elect to defer compensation to the arrangement. Contributions to and benefits paid under an arrangement shall not be payable from a trust that is part of the fund unless the trust is maintained solely for the purpose of providing such benefits.
The board shall adopt rules to administer an arrangement established under this section.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.381 | Annual Report Disability Retirement Experience of Each Employer.

Effective:
April 6, 2007
Latest Legislation:
House Bill 272 - 126th General Assembly
Not later than March 1, 2000, and each first day of March thereafter, the board of trustees of the Ohio police and fire pension fund shall make and submit a report for the preceding fiscal year of the disability retirement experience of each employer. The report shall specify the total number of disability applications submitted, the status of each application as of the last day of the fiscal year, total applications granted or denied, and the percentage of disability benefit recipients to the total number of the employer's employees who are members of the fund. The report shall be submitted to the governor, the Ohio retirement study council, and the chairpersons of the standing committees and subcommittees of the senate and house of representatives with primary responsibility for retirement legislation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.42 | Maintenance of Individual Account.

Effective:
November 2, 1999
Latest Legislation:
House Bill 222 - 123rd General Assembly
The board of trustees of the Ohio police and fire pension fund shall provide for the maintenance of an individual account with each member of the fund and other system retirant showing the amount of the member's or retirant's contributions.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.43 | Deferred Retirement Option Plan Established.

Effective:
July 23, 2002
Latest Legislation:
Senate Bill 134 - 124th General Assembly
The board of trustees of the Ohio police and fire pension fund shall establish and administer a deferred retirement option plan. In establishing and administering the plan, the board shall comply with sections 742.44 to 742.446 of the Revised Code and may do all things necessary to meet the requirements of section 401(a) of the "Internal Revenue Code of 1986," as amended, applicable to governmental plans.
The board shall adopt rules to implement this section and sections 742.44 to 742.446 of the Revised Code. The rules shall specify the date of initial implementation of the plan established under this section. The rules may also specify a period during which an election made under section 742.44 of the Revised Code may be rescinded.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.44 | Electing to Participate in Deferred Retirement Option Plan.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 340 - 129th General Assembly
Except as provided in section 742.14 of the Revised Code, at any time prior to filing an application for retirement under division (C)(1) of section 742.37 of the Revised Code, a member who has attained the requisite age and is eligible to retire under that division may elect to participate in the deferred retirement option plan established under section 742.43 of the Revised Code.
To make an election, an eligible member shall complete and submit to the Ohio police and fire pension fund a form prescribed by the fund. At this time the member may, but is not required to, elect under section 742.3711 of the Revised Code to have the member's monthly pension calculated as a retirement allowance payable throughout the member's life or a retirement allowance under option 2 in division (A) of section 742.3711 of the Revised Code. Unless rescinded during a period specified in rules adopted under section 742.43 of the Revised Code, the election is irrevocable from the date it is received by the fund until the employee ceases to participate in the plan as provided in section 742.444 of the Revised Code.
A member is not required to specify the number of years or portion of a year the member will participate in the plan but must agree to terminate active service in a police or fire department and begin receiving the member's pension not later than the date that is eight years after the effective date of the election to participate in the plan or be subject to the forfeiture provisions of division (C) of section 742.444 of the Revised Code.
The effective date of an election made under this section is the first day of the employer's first payroll period immediately following the board's receipt of the notice of election.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.441 | Effect of Electing to Participate in Deferred Retirement Option Plan.

Effective:
July 23, 2002
Latest Legislation:
Senate Bill 134 - 124th General Assembly
A member who makes an election under section 742.44 of the Revised Code shall continue in the active service of a police or fire department but shall not earn service credit under this chapter for employment after the election's effective date. While the member is in the active service of a police or fire department, the member shall contribute to the Ohio police and fire pension fund in accordance with section 742.31 of the Revised Code and the employer shall contribute and report in accordance with either section 742.33 or 742.34 of the Revised Code.
Neither the member nor the member's spouse and dependents are eligible for benefits under section 742.45 of the Revised Code while the member is participating in the deferred retirement option plan.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.442 | Determining Pension Amount if Electing to Participate in Deferred Retirement Option Plan.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 340 - 129th General Assembly
For each member who elects to participate in the deferred retirement option plan, the Ohio police and fire pension fund shall determine under division (C)(1) of section 742.37 of the Revised Code the monthly pension amount that would be payable to the member had the member elected to receive a pension under that division. In determining the pension amount, the fund shall use the member's total service credit and average annual salary as of the last day of the employer's payroll period immediately prior to the effective date of the member's election to participate in the plan. The pension amount shall be calculated as a retirement allowance payable for the member's life, except that, if at the time of electing to participate in the plan the member selected the plan of payment in option 2 of division (A) of section 742.3711 of the Revised Code, the pension shall be calculated using that plan of payment.
A member who participates in the plan is not eligible to make an election under division (D) of section 742.3716 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.445 | Termination of Participation in Deferred Retirement Option Plan Because of Acceptance of Disability Benefit.

Effective:
July 23, 2002
Latest Legislation:
Senate Bill 134 - 124th General Assembly
If a member ceases participation in the deferred retirement option plan due to acceptance by the member of a disability benefit awarded by the board of trustees of the Ohio police and fire pension fund, both of the following apply:
(A) The member shall forfeit all amounts that have accrued under section 742.443 of the Revised Code to the member's benefit under the deferred retirement option plan, and those amounts shall be treated as if the member had continued in the active service of a police or fire department and not participated in the plan.
(B) The member shall be granted service credit for the period the member was participating in the plan.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.446 | Death Benefit if Electing to Participate in Deferred Retirement Option Plan.

Effective:
July 23, 2002
Latest Legislation:
Senate Bill 134 - 124th General Assembly
(A) As used in this section, "killed in the line of duty" has the same meaning as in section 742.63 of the Revised Code.
(B) If a member dies while participating in the deferred retirement option plan, all of the following apply:
(1) The amounts accrued to the member's benefit shall be paid to the member's surviving spouse or, if there is no surviving spouse, the beneficiary designated by the member on a form provided by the Ohio police and fire pension fund. If there is no surviving spouse or designated beneficiary, the amounts accrued to the member's benefit shall be paid to the member's estate. A surviving spouse or designated beneficiary may select a method of distribution described in division (B)(3) of section 742.444 of the Revised Code. Any amount payable to the member's estate shall be paid in a single payment.
(2) The surviving spouse shall receive a pension or benefit determined under division (D) of section 742.37 of the Revised Code and, if the member was killed in the line of duty, division (F) of section 742.63 of the Revised Code.
(3) If eligible, each surviving child shall receive a pension or benefit determined under division (E) of section 742.37 of the Revised Code and, if the member was killed in the line of duty, division (G) of section 742.63 of the Revised Code.
(4) If the member has no surviving spouse or surviving children, but has a parent or parents dependent on the member for support, the parent or parents shall receive a pension or benefit determined under division (F) of section 742.37 of the Revised Code and, if the member was killed in the line of duty, division (E) of section 742.63 of the Revised Code.
(5) The member's surviving spouse or contingent dependent beneficiary shall receive the greater of a retirement allowance under section 742.3714 of the Revised Code or the retirement allowance resulting from an election made by the member under section 742.3711 of the Revised Code.
(C) A pension, benefit, or allowance described in division (B) of this section is effective on the first day of the month after the member's date of death. Payments shall not commence until the board receives any documentation it requires pursuant to rules adopted by the board.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.447 | Verifying Termination of Active Service.

Effective:
July 23, 2002
Latest Legislation:
Senate Bill 134 - 124th General Assembly
On receipt of written notice under division (B) of section 742.444 of the Revised Code of a member's termination of active service, the Ohio police and fire pension fund shall request from the employer verification of the member's termination date and any other information the fund determines necessary to calculate and pay a pension under that division. The verification of termination shall be filed in accordance with section 742.351 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.451 | Additional Deposits to Fund Medical Expenses.

Effective:
April 6, 2007
Latest Legislation:
House Bill 272 - 126th General Assembly
The board of trustees of the Ohio police and fire pension fund may establish a program under which a member or a member's employer is permitted to make additional deposits for the purpose of providing funds for the payment of health, medical, hospital, surgical, dental, or vision care expenses, including insurance premiums, deductible amounts, or copayments. The program may be a voluntary employees' beneficiary association, as described in section 501(c)(9) of the Internal Revenue Code, 26 U.S.C. 501(c)(9), as amended; an account described in section 401(h) of the Internal Revenue Code, 26 U.S.C. 401(h), as amended; a medical savings account; or a similar type of program under which an individual may accumulate funds for the purpose of paying such expenses. To implement the program, the board may enter into agreements with insurance companies or other entities authorized to conduct business in this state.
If the board establishes a program under this section, it shall adopt rules to administer the program.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 742 | Police and Fire Pension Fund › Section 742.46 | Vested Right to Pension or Benefit.

Effective:
July 29, 2011
Latest Legislation:
House Bill 123 - 129th General Assembly
Except as provided in section 742.464 of the Revised Code, the granting of a benefit or pension to any person under sections 742.01 to 742.61 of the Revised Code, other than a person participating in the deferred retirement option plan established under section 742.43 of the Revised Code, vests a right in such person to obtain and receive the amount of such benefit or pension granted to the person subject to sections 742.01 to 742.61 of the Revised Code. Subject to sections 742.444 and 742.464 of the Revised Code, a person participating in the deferred retirement option plan vests in the right to obtain and receive the amount accrued to the benefit of the person when the person ceases participating in the plan.
Such right may be enforced by an action in mandamus instituted in the court of common pleas in the county in which the person granted such benefit or pension resides.